01-11-1999 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JANUARY 11, 1999
7:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Mayor Randy Allman called the Regular Meeting to order at
7:00 p.m. in the Community Center.
ROLL CALL
Mayor Randy Allman
Councilman James Gornto
Councilman Myron Hammond
Councilman Gary Roberts
Councilwoman Judith Lichter
City Attorney Nikki Clayton
City Manager Kenneth Hooper
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Excused
Present
Present
Present
Present
Excused
INVOCATION. PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to
the Flag.
PRESENTATIONS
A. Introduction of Greq Wood. new Executive Director of
Volusia Council of Governments (VCOG)
Mayor Allman introduced Greg Wood as being the new Executive
Director of the Volusia Council of Governments.
Mr. Wood stated he has made it a goal of himself to try and
attend every Councilor Commission meeting within the County
at least on a quarterly basis. He feels it is important for
him to see what is happening in the communities and get a
feel where the Councilor Commissions are coming from.
City Attorney Clayton asked to have a minute with Mr. Wood.
She stated they were talking about annexation earlier and it
is in F. S. 171.0413 there is a little bit of reason in what
the source said to him. If an area that is going to be
annexed is going to be either five percent of the city's
area or five percent of the city's population, then you have
separate votes in both the city and the outside in order to
determine whether there will be an annexation.
APPROVAL OF MINUTES
A. Reqular Meetinq of December 7. 1998
Councilman Gornto made a motion to approve the December 7,
1998 minutes, second by Councilman Hammond. The motion
CARRIED 4-0.
B. Reqular Meetinq of December 21. 1998
Councilwoman Lichter made a motion to approve the December
21, 1998 minutes, second by Councilman Hammond. The motion
CARRIED 4-0.
CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
Dr. Charles Gebelein, 1730 Umbrella Tree Drive, spoke about
Item 8A. He feels this organization is a good one and needs
support. He recommended they consider putting out bins, at
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strategic locations in the City for donations by the
individual of the City. He feels items such as non-
perishable foods, clothing or toys could be put in these
bins.
Tom Alcorn, Cedar Island Club, 835 S. Atlantic Avenue, New
Smyrna Beach, also spoke about Item 8A. He went to the
location of this organization to find out what this group is
trying to do. The outpouring from the community has been
tremendous but the thing that hasn't been given to them is
the monetary support. Our country was founded on people
helping other people. He asked Council for financial
support.
Mike Visconti, 316 pine Breeze Drive, spoke about City
Manager Hooper's recommendation to combine the
Beautification & Tree Committee and the Parks and Recreation
Board.
Mr. Visconti stated according to Mr. Hooper the
Beautification & Tree Committee was created in 1992 when the
City applied for status as a Florida Tree City and the City
has never had this distinction. The City did have this
distinction for three years, from 1993 to 1996. Thanks to
the former Chairman, Felicia Ver Way and her Committee,
which made this City a Tree city.
Mr. Visconti spoke about the eyesores in Edgewater back when
he first joined the Committee. Under Ms. Ver Way's
leadership she had taken photos along U.S. #1 which were
presented to Council. with the help of the enforcers and
the Council at that time and the building inspector, today
most of these eyesores have been taken care of.
Mr. Visconti spoke about his pet project, the fountain,
which was placed at the corner of U.S. #1 and S.R. 442.
Mr. visconti referred Council to a packet he gave them. He
went over a list of goals he had back in 1995, old minutes
of the Beautification & Tree Committee, a list of members
that have resigned, a memo regarding the eyesores, a memo
regarding water in the medians, and a copy of minutes from
May 12, 1998 regarding beautifying the medians at the north
and south ends of the city with a sign welcoming people to
Edgewater.
Mr. Visconti spoke about Kevin Grace seeing the need to
landscape the medians on U.s. #1. He had asked Council for
money to landscape the first two medians going south and the
first two medians going north. At that time, he with the
Committee and Council approval got $26,000 appropriated to
do these two medians. This was in June of 1998. The two
medians at the north end of the city were to be completed by
Thanksgiving. This has not been done as of yet.
Mr. Visconti stated tonight he speaks in keeping the
Beautification & Tree Committee separate. According to Mr.
Hooper, he is reorganizing the City government to create a
greater efficiency. The Committee wants what is best for
Edgewater. They had their goals and tried to meet their
goals, but with no budget and no money their hands were
tied.
Mr. Visconti spoke about reading in the paper that we or I
were embroiled with politics. He believes the citizens of
Edgewater have all the right to express their views and
their values.
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Council Regular Meeting
January 11, 1999
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Mr. visconti spoke about the widening of SR 442 and the
Committee voicing their opinion regarding losing the palm
trees in the medians. Mayor Allman asked Mr. visconti to
summarize.
Mr. Visconti spoke about DOT allocating $100,000 to beautify
SR 442 when the paving is done. He feels the Parks and
Recreation Board has so much to do and feels beautification
might be last on their agenda.
Mr. Visconti stated the Beautification & Tree Committee is
opposed of combining their Committee and the Parks and
Recreation Board.
Mr. visconti informed council some past members were present
such as Patrick Conway and Gail Wells. The people that
resigned felt it was to no avail for them to come to the
meeting.
Mr. Visconti thanked the Committee and the people for
listening to him.
Carol Carmello, 1806 Persimmon Circle, spoke in support of
the Family Florida Restoration Center. These people are so
committed to trying to make this work. The community has
come forward 100%, businesses, churches, schools, and
individuals. They need the money. She highly recommends
the approval of the capital they need.
CITY COUNCIL REPORTS
Councilman Hammond spoke about complaints he has had on
Guava and Hibiscus Drives regarding rocks being thrown. One
of the questions from one of the businesses was what are
kids doing running up and down commercial streets after 8 or
9 o'clock at night. He spoke about the vandalism that has
happened at his place of business. He wants to get with the
Police Chief to see if they can patrol or come up with
something.
Councilman Hammond stated a few people have spoken to him
about getting more street lights in Edgewater. He feels
this may help cut down on some of the vandalism. He asked
that this be looked into.
Councilman Roberts was excused.
Councilwoman Lichter spoke on the study group. She stated a
model contract has been drawn up with South Daytona, Holly
Hill and the County which has to do with the cities
providing grass service, such as cutting the grass and
picking up litter and the County paying the cities for it.
Councilwoman Lichter spoke about the fire/rescue group.
They decided they have to hire from the State a professional
consultant to see how we can move this along. They are
going to meet with all of the individual councilpeople in
every city.
Councilwoman Lichter spoke about the trucks parked out by I-
95. She spoke to the city Manager in Port Orange. They are
looking into the City providing an area that is landscaped
and charging a nominal sum of money for the truck drivers
who are residents. She found out some of the drivers who
leave their trucks are from New Smyrna Beach. She stated
she doesn't want to be hostile but let New Smyrna provide
their own space and we will try to take care of the drivers
in Edgewater.
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Council Regular Meeting
January 11, 1999
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Councilwoman Lichter spoke about the study group being
approached about the homeless by the Chamber of Commerce in
Daytona Beach. They feel it is not just Daytona Beach's
problem but it is everyone's problem.
Councilwoman Lichter stated the mural has not been
forgotten. The historic scenes of Riverside will be
presented at the next meeting and the contract is being
worked out with the artist.
Mayor Allman had nothing at this time.
Councilman Gornto had nothing at this time.
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. First Readinq. Ord. No. 99-0-03. amendinq Chapter 9 of
the Land Development Code
Mayor Allman read Ord. 99-0-03 and opened the public
hearing.
City Manager Hooper made a staff presentation.
Mayor Allman closed the public hearing.
Councilman Hammond made a motion to approve Ord. 99-0-03,
second by Councilman Gornto. The motion CARRIED 4-0.
B. First Readinq. Ord. No. 99-0-04. repealinq Ordinance
Numbers 90-0-27. 94-0-11. and 95-0-13 and thereby
amending and restatinq the Firefiqhters' Pension Plan
Mayor Allman read Ord. 99-0-04 and opened the public
hearing.
City Manager Hooper made a staff presentation.
City Attorney Clayton explained the only contribution they
have made in her office is to try to compile all of the
City's ordinances into one location.
Mayor Allman closed the public hearing.
Councilman Gornto made a motion to approve Ord. 99-0-04,
second by Councilman Hammond. The motion CARRIED 4-0.
CONSENT AGENDA
A. Payment of Lien - satisfaction of lot clearinq lien
(collected $83.08)
B. Payment of Liens - satisfaction of three special
assessment (pavinq) liens (collected a total of
$1. 485.06)
C. Donation - Donation of surplus city cellular phones to
stalkinq victims and victim's of domestic violence
Councilman Gornto made a motion to approve the Consent
Agenda, second by Councilwoman Lichter. The motion CARRIED
4-0.
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Council Regular Meeting
January 11, 1999
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OTHER BUSINESS
A. Solicitation - Florida FamilY Restoration Center seekinq
city support (monetarilY or domestic items) of a
temporary residence for displaced women and children.
(Continued from December 7. 1998)
City Manager Hooper made a staff presentation regarding his
findings. He expressed concern with City employees helping
with restorations being a liability issue. He recommended
they do not do in-kind services. He has spoken to the New
Smyrna Beach City Manager and at this point there has been
no commitment from the City of New Smyrna to offer in-kind
or any financial services. He recommended to Council if
they are inclined to offer some sort of donation, it be a
donation of a material item or funding that could be
available at Scotty's for wood or materials.
Councilwoman Lichter stated when she was there there was no
washing machine. She asked if that has materialized.
Bill Sharp, Executive Director, Florida Family Restoration
Center, commented on what they still need to do at the
Center. They have had a washer and dryer donated with
another set also being donated. What they really need is
not for the City to come and fix things for them, they need
funds at this point in time. They are applying for grants
but it will take time for these things to happen. Their
greatest need right now is funds.
Carol Tanguay, Director, Florida Family Restoration Center,
spoke of the monthly utility bill costing approximately
$400. This is what they need money for. They need to be
able to pay their bills when they come in.
Rev. Dr. Sharp spoke about different entities that have
helped with maintenance on their facility. He further spoke
of the people that serve on their advisory board.
Councilwoman Lichter asked about paying four months of
utility bills. City Manager Hooper stated there are many
good ideas and good uses of public funds. There is a budget
process that let's them hear them all at the same time and
go through and prioritize the process. They could pay the
bill but they are inside New Smyrna. If they wanted to
approach New Smyrna Beach to get a water for the utilities,
there lies an opportunity and it is his understanding that
has not been done yet. He recommended the most the Council
should fund is $200 to $400 for materials from a local
vendor that could supply building supplies.
Councilwoman Lichter asked Rev. Dr. Sharp if they have a
bill at Scotty's. Rev. Dr. Sharp informed her they have a
need for hardwood flooring.
City Manager Hooper explained the question in front of the
Council is do they just wish to allocate a certain amount of
funding and identify. The staff would set up with a vendor
that could provide materials.
Mayor Allman asked City Manager Hooper what kind of figure
he was looking at. city Manager Hooper stated he wouldn't
think of anything more than $300 or $400.
Councilman Hammond spoke about making donations when we
haven't been able to do a lot in the City. He doesn't mind
contributing as a business to help out but he has a problem
with using the taxpayer's money.
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Council Regular Meeting
January 11, 1999
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Rev. Dr. Sharp explained they are serving Southeast Volusia
County, which includes Edgewater. Three of the ladies that
have come to them have been from Edgewater. Their greatest
need now is funds to take care of repairs.
Mayor Allman stated the way he understands staff's
recommendation is for an amount not to exceed $400 set up in
an account with a local vendor of their choice to aid in
whatever building supplies they may need.
Councilman Gornto moved for approval for $400, second by
Councilwoman Lichter.
Councilwoman Lichter feels $500 sounds better. Councilman
Gornto amended his motion.
Councilwoman Lichter spoke of the ladies from Edgewater.
She has given a personal contribution but she thinks they
have to have some heart that $500 should be the minimum.
The motion FAILED 2-2. Councilman Hammond and Mayor Allman
voted NO.
B. Consultinq Enqineerinq Contracts - Recommendinq approval
of contract neqotiations with Bovle Enqineerinq.
Honeycutt/PEC Team and Quentin L. Hampton Associates for
various proiects.
City Manager Hooper made a staff presentation. He also
disclosed he is affiliated with Honeycutt/PEC.
Director of Environmental Services Terry Wadsworth made a
presentation of the individual firms.
Councilman Gornto moved for approval, second by Councilman
Hammond. The motion CARRIED 4-0.
Councilwoman Lichter asked a question regarding the vote for
the Florida Family Restoration Center. If she had not
raised that sum of money to $500 but took the City Manager's
recommendation of $400, would Mayor Allman have voted for it
or is that improper to ask. Mayor Allman stated that had
nothing to do with his vote.
OFFICER REPORTS
City Clerk Wadsworth had nothing at this time.
City Attorney Clayton had nothing at this time.
City Manager
1) Review Ord. No. 99-0-01. repealinq Section 14.54.1
(Establishment of Edqewater Beautification and Tree
Committee) and Ord. No. 99-0-02. amendinq Section 12.5-
11 (Created). Section 12.5-12 (Membership) and Section
12.5-13 (Duties) of Article II (Parks and Recreation
Board)
City Manager Hooper made a staff presentation. He stated if
this is what Council is inclined to do, the~ can put the
first reading on the agenda for February 18 .
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Council Regular Meeting
January 11, 1999
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Councilwoman Lichter stated she was the one who initiated
the combining of the two boards. She presented reasons why
she feels the two boards should be merged. She has attended
Beautification & Tree Committee meetings where they did not
have a quorum. She feels this would be for the betterment
of the Beautification & Tree Committee so they could move
forward faster.
City Manager Hooper spoke about a list of individuals on
these boards and their expiration for sitting on the
Committee. He passed the list around.
Gail Wells, 2503 Woodland Drive, feels it seems like the
City Council from the very beginning totally neglects
Edgewater. She doesn't think they have to spend a lot of
money. She spoke about the entrance off of 1-95 and it
being an eyesore. She doesn't feel the high power poles
should have been placed on Indian River Blvd. She hopes the
city Council in the future would pay some attention to the
beautification of the City.
Ms. Wells feels they need to pay a lot more attention to the
city's codes.
Mike Visconti, 316 pine Breeze Drive, stated he takes
nothing away from the Parks and Recreation Board or Jack
Corder who is doing a wonderful job. He asked if the Parks
and Recreation Board was supposed to beautify Edgewater why
hasn't it been done under them.
City Manager Hooper stated he would put this in ordinance
form and put it on the February 1st agenda.
Susan Hammond, 2119 Sabal Palm Drive, asked how many members
will serve when the two boards are merged. She was informed
there would be seven members. If Mr. Visconti had six
members on his Committee and you wanted to do this would you
up it to fifteen. Mayor Allman stated they probably
wouldn't be at that point right now but there are only three
members left on the Committee. We are trying to combine
this to make it more efficient.
Linda Sullivan, 3327 Mango Tree Drive, past member of
Beautification & Tree Committee, spoke about the article in
the newspaper the other day. She wishes someone would get
the facts straight before it is put in print about the past
history of the Beautification & Tree Committee next time.
2) Acceptance of the Charter Review Committee report.
City Manager Hooper stated the final action is to accept the
Charter Review Committee report that was presented to
Council earlier in work session.
If it is acceptable to Council they will hold a work session
at the March 1st meeting. He would like to have this as a
stand along work session. He suggested scheduling that
meeting at six.
Councilman Gornto moved for approval and let Mr. Hooper set
the dates for the workshop, second by Councilman Hammond.
The motion CARRIED 4-0.
3) Reschedule/cancel the February 15. 1999. Council meetinq
due to President's Day holiday.
City Manager Hooper stated they would hold one meeting that
month on February 1st.
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Council Regular Meeting
January 11, 1999
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GENERAL CITIZEN COMMENTS/CORRESPONDENCE
Andy Anderson, pine Tree Drive, commented on the vandalism
in this town. He stated you could spend hundreds of
thousands of dollars to try to prevent vandalism but if you
don't have a curfew in this town, it won't do any good.
They have to do something about this. He suggested
penalizing the parents if the children are caught out after
the curfew.
ADJOURNMENT
There being no further business to discuss, Councilman
Gornto made a motion to adjourn. The meeting adjourned at
8:15 p.m.
Minutes submitted by
Lisa Kruckmeyer
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Council Regular Meeting
January 11, 1999
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FORM 88 MEMORANDUI\1 OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
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THE OO".RD, COUNCIL. COM.....USSlON. AUnlORlTY OR COMM1'ITEE ON
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Tills form i9 for UM by any lX:'l'son serving at the county, city, or other local level of government on an appointed or eJeck>d Soard,
council, commission, authority, or commit~. It applies equally t.o members 0'1' advi~ry and non.adYism::y bodio.s who 2.Tl! presented
with a votin6 conflict ofintere~t under Section 112.3143, Flcrida. Statutes.
Your l'esponlribilities under the law .....hen fal;o?d with voting on a measure in which.you have a conflict of interest 'NiB vary gr-eatlY1 "
" d.pending on wb.th., yuu hold an .]"tive u, appointive po"tion. Fa< thi, "'''''''n, pl.... pay do,. ""'utiuu '" the IMt"",lon, un
this fonn before completing th_e_ reverse side and fiiing the form. J
INSTRUCTIONS FOR COMPLIANCE WlTH SECTION 112.3143, FLORIOA STATUTES
A penoon holding elective or appointive count)", municipal, or othe:- local public office MUST ABSTAlN from voting on a n1t'asun'
which inures to his or her spedal private gain or 1M.B. Each elec~d 01,' appoint.odl<xal officer also is prohibited from knowingly voting
on a meaaure which inures to the !;peeiaJ gain Or loss of a principal (other than a. government agency) by whom he Or she is retained
(including th9 parent. organization or subsiciiarj' of a corporate plindpal by which he or she is ret.ained); t<l the -spccial privat(- gain or
l(>~s of a relstive; or tc the special private gain or loss of a busiMss associate. Commissioners of community !"edeve1opment !J.g@dflS
U1'lder Sec. 163.556 or 163.357, F.S., and officers ofindep~ndent spec~al tax districts elected. on R orn!-ac-e, one-vote ba3is arl? :-lot pro-
hibited from voting in that ca.p.."lcity.
For pUtjXlses of thi$law. a "rela.tive" inc1ud(>s only the officer's father, mother, son, d.a'J;hter, husba:.d, .....1fe. brother, sister, fathH-
in-law, mother-in-law, son-in-law, a."1d dl1ughter-in-ls.w. A *'business Msociate" n;~ans any pEtr50n or entity engaged in or cafr)ir.g on
a busineas enterprise with the cfficer M a partner; joint venturer, Coowner of property, or co..-pora~ share-holder (wh~re the 5han's of
the corporation are not listed on MY national 0'1' regional sl;(xk exchangp.).
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations dt<scdbed abovl?, you mu~t di.,close the conflict:
PRlOR TO THE VOTE BEING TAKEN by publiciy stating to thE assembly the na~u~ of your interest in th~ measu-..'e on
which you are abstaining from voting; a1Ul
\VITHIN 15 DAYS A.l4"TER THE VOTE OCCURS by completing and filing this form -.vith th~ p",rson rN'ponsiblE! for rer.:<rrrung
the minut.es of the meeting, who should incol'pol'ate the fonn in the minutes.
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APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations descri~d above and in the manner described for elo<cted offi-
cers. In order to participate in the~ matters, you must disclose the nature of the conflict b€-fore making any attempt to influence the
decision, whether orally or in writing and whether made b'; you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEersroN PRIOR TO THE MEETING AT v..'HICH THE
VOTE WILL BE TAK1";N:
. You must complete a."ld file this form (befo't'e making any attempt to influence the decision) '....;th the person responsible foI'
recording the minutes of the meeting, who win incorpcrate the form in the minutes.
· A copy of' the form must be provided immediately to the other members of the agf1!n~y.
. The fcrm must be read publicly a.t the M:(t meeting afber the fonn i:diled.
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CE FORM 88. REV. 1195
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JAI'I-07-1 997 09: 36 FRiJf1 ' I_I us i.'j, E} ".'ct ions
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EX.CEPT:BY DISOUSSiON AT' THE MEETING:
.. You must di~loge orally the nature of your conflict in tho measuro? before participating.
. You must com?lete the tOi'TTl and file it within 15 days a..'tel' the vote cecum with th~ person responsible for recording the
minul:.e8 ofthfl mHting. who must ine<>rparatA thtl fonn in the minlltg~. A copy of the form must be provided immediately to th~
other mernben of'the tlgE'ncy, and the form must 1>:> t'eadpub1idy nt thl) n0xt m_ting afl-.A\>1' tn8 fOhn is filed.
DISCLOSURE OF LOCAL OFFICER'S iNTEREST
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inur;;d to my special private gain or loos;
inured to the s~if'.J gain or 1085 of my business associate.
inured to thE! special gain or loss of my relative,
inured to the special gain or loss of
whom 1 am rew.ineQ.j or
inured to t.he specire gain or loss of
is the par~nt organization o!' subsidiary of a principal wruch has retained me.
(b) The mgggure before my agency and the nllt~ of my conf'Jctir.g interest in the me~ure i9 as feHows:
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NOTICE: tiNDER PROVIS!ONS OF 'FLORIDA STATUTES ~112.317~ A FAILURE TO 1t..\KE A-,1'f'{ REQuiRED DISCLO-
SURE CONSTITUTES GROlJNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLtO\VING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN
SALARY~ REPRIMA.Nl), OR A CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM Be . REV. 1195
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