08-17-1981 - Public Hearing/Public Hearing/Regular
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CITY OF EDGEW ATER
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CITY COUNCIL PUBLIC HEARINGS
AUGUST 17, 1981
Public Hearing #1
CALL TO ORDER
Mayor Robert H. Christy called the Public Hearing of the City Council of the
City of Edgewater to order at 6:30PM in the Community Center.
ROLL CALL
Mayor Robert H. Christy
Councilman Jacob Lodico
Councilman David Ledbetter
Councilman Wilbert Pendleton
Councilman John Wilbur
City Attorney Clay Henderson
City Clerk Nancy Blazi
Police Chief Earl Baugh
City Manager Joe Mitchell
Present
Present
Present
Present
Present
Present
Present
Present
Present
This Public Hearing is held for the purpose of discussing whether there is
sufficient cause for the revocation of the Home Occupation License for Orange
& White Taxi located at 1615 Umbrella Tree Drive, Edgewater, Florida 32032.
The owner, Ms. Rebecca Hinkle, was given permission to have Mr. Cerulli speak
for her. Mr. Cerulli spoke on the activities of the cab company and how their
radio has helped the police department.
Mr. Pendleton questioned the use of the CB for the taxi service since the tower
permit was issued in Mr. Cerulli's name and not specifically for using for the
taxi service.
Mayor Christy commented on the original application of October 22, 1979, which
stated the permit was to be used for telephone dispatching only. Councilman
Pendleton questioned Chief Baugh about FCC permits for CB antennas. Chief
Baugh stated if there is a violation or interference, FCC would come in to check
it out and they would be the ones to close it down. Mayor Christy then called
a recess of this meeting at 6:45PM.
Public Hearing #2
CALL TO ORDER
Mayor Christy called the second public hearing of the City Council of the City
of Edgewater to order at 6:45PM in the Community Center.
The purpose of this hearing will be to discuss the proposed use of Federal
Revenue Sharing funds anticipated for the Entitlement Period 10/01/81 through
9/30/82 and the unexpended Federal Revenue Sharing funds for the Entitlement
Period 10/01/80 through 9/30/81.
ROLL CALL
Mayor Robert H. Christy
Councilman Jacob Lodico
Councilman David Ledbetter
Councilman Wilbert Pendleton
Councilman John Wilbur
City Attorney Clay Henderson
City Clerk Nancy Blazi
Police Chief Earl Baugh
City Manager Joe Mitchell
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Christy then recessed the Public Hearing on Federal Revenue Sharing to
re-open the Public Hearing regarding the Home Occupation License for Orange &
White Taxi.
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C~:)UncilITl.an Lodico questioned the original g~anting of the license. Mayor
Christy advised it was for use of the telephone in the home.only. The.City
~ttorney stated a complaint regarding interference was not ln our domaln and
they would have to go go through the channels of FCC. Mayor Christy asked if
there was anyone present to speak against it. There was no response. Dana
Armstrong spoke on the previous cab company in Edgewater which op~rated under
Citizens Band. Mayor Christy asked Mr. Cerulli if it is a CB radlo. Mr.
Cerulli advised it is not, it is a commercial radio.
Mayor Christy then recessed this public hearing at 7:00PM to go to the regular
council meeting.
ROLL CALL
Mayor Robert H. Christy
Councilman Jacob Lodico
Councilman David Ledbetter
Councilman Wilbert Pendleton
Councilman John Wilbur
City Attorney Clay Henderson
City Clerk Nancy Blazi
Police Chief Earl Baugh
City Manager Joe Mitchell
Present
Present
Present
Present
Present
Present
Present
Present
Present
There was a silent invocation and the salute to the flag.
Mayor Christy recessed the regular meeting and re-opened the Public Hearing.
There were no further comments from the floor. Mayor Christy asked for
Council discussion.
Mayor Christy suggested the taxi company move into another area and get a
permit to operate as a regular business.
Councilman Lodico motioned to suspend the license until it can be straightened
out. Councilman Wilbur seconded the motion. The City Attorney suggested
that conditions be spelled out. The City Manager suggested a warning be
issued that conditions be corrected in so many days. If the conditions were
not corrected the license would be suspended. Councilman Lodico changed
his motion to read as the City Manager stated, giving the owner 21 days
to correct it. Councilman Lodico then withdrew all motions and Councilman
Wilbur withdrew his second.
Councilman Lodico motioned to issue a warning that the situation be corrected
by the next Council meeting which is September 16, 1981. Councilman Wilbur
seconded the motion. Motion CARRIED 5-0.
Councilman Pendleton motioned to adjourn the meeting. Councilman Wilbur
seconded. The meeting was adjourned.
Mayor Christy then re-opened the public hearing for Federal
Funds. He read the proposed Federal Revenue Sharing budget
presented to the Council ata workshop on August 13, 1981.
the floor for discussion.
Revenue Sharing
tha t had been
He then opened
Some members of the audience objected to certain expenditures in the budget.
Suggestions were made to hire someone to check fire safety in buildings,
construct a bike path on Riverside Drive and also to remove some of the
proposed expenditures from the budget. When asked about the vote on this
budget, Mayor Christy said that it was approved on August 13th 3-2.
Councilman Wilbur motioned to adjourn the public hearing. Councilman Pendleton
seconded. The public hearing was adjourned.
Mayor Christy reconvened the regular Council meeting.
Minutes _. -Councilman Lodico motioned to approve the minutes of August 3, 1981.
Councilman Wilbur seconded. Motion CARRIED 3-2. Councilman Ledbetter voted
NO, he was not present at the meeting. Mayor Christy voted NO, minutes did
not contain information he believed should be in the minutes. However,
he did not specify what that information was or ask that the minutes be
changed.
Council Meeting
8/17/81
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Reports - Zoning and Planning Board's recommendation of a variance request
for "Gas Lite Square", a multi-family subdivision located at 16th St. and
Mango Tree Dr.
Councilman Wilbur motioned to approve the variance request. Councilman
Pendleton seconded. Motion CARRIED 5-0. The City Attorney stated a
resolution had been prepared. (Note: numbering of resolutions corrected after
meeting. )
Resolution No. 81-R-67
A RESOLUTION AUTHORIZING CERTAIN VARIANCES UNDER THE TERMS OF THE SUBDIVISION
ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, REGARDING DEPTHS OF LOTS,
WIDTH OF ROAD RIGHT OF WAY, CUL DE SAC DIAMETER, AND PLACEMENT OF SIDEWALKS,
AS PER THE RECOMMENDATION OF THE ZONING AND PLANNING BOARD; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Councilman Wilbur motions to adopt resolution. Councilman Pendleton seconded.
Motion CARRIED 5-0.
Vacating of alleyway at U.S. 1 and Wilkinson St. The Zoning and Planning
Board recommended the Council approve of this vacating. Margaret Brewer,
attorney, acting as the owner's representative, spoke to the Council on
this matter. The City Attorney advised the Council that they may not vacate
any property unless it is determined to be in the best interest of the city.
Councilman Ledbetter motioned to deny the request for vacating. Councilman
Lodico seconded. Motion CARRIED 5-0.
Rezoning request. The Zoning and Planning Board recommended that the Council
approve the rezoning of certain property to be known as Village Green.
Councilman Wilbur made a motion to place this on the Sept. 16, 1981 Agenda
for first reading and set a public hearing for Sept. 28, 1981. Councilman
Ledbetter seconded. Motion CARRIED 5-0.
Councilman Wilbur motioned to appoint Alfred Hetu, Mango Tree Dr., to the
Zoning and Planning Board. Councilman Pendleton seconded. Motion CARRIED
5-0.
Resolution No. 81-R-66
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; THAT
ALFRED HETU IS HEREBY APPOINTED MEMBERSHIP ON THE PLANNING AND ZONING BOARD
FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE TERM ENDING APRIL 6, 1984,
WITH ALL RIGHTS, PRIVILEGES, AND RESPONSIBILITIES PERTAINING THERETO.
Councilman Wilbur motioned to adopt resolution. Councilman Pendleton seconded.
Motion CARRIED 5-0.
The City Manager recommended the purchase of floor tile for the Community
Center from Ken Tile of New Smyrna Beach at a cost of $1,725.00. Councilman
Wilbur motioned to accept this proposal. Councilman Lodico seconded.
Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO.
COMMUNICATIONS
The City Manager 'announced that the 55th Annual Convention of the Florida
League of Cities would be held in Orlando, Oct. 22 - 24. He advised the
Council that a voting delegate and an alternate voting delegate should be
named.
Councilman Ledbetter motioned to appoint Mayor Christy as voting delegate.
Councilman Wilbur seconded. Motion CARRIED 5-0.
Letter from New Century Realty requesting the City vacate the 25' 'easement
of Lot 5839 Blk. 75 Florida Shores. The Council discusseGlthe drainage c;:-:
problem in this area.
Councilman Ledbetter motioned to deny this request. Councilman Pendleton
seconded. Motion CARRIED 5-0.
Council Meeting
8/17/81
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Hdme ,Occupation License - request for license from Sun Belt Promotions.
rhe applicant advised there would be no activity except the use of a
phone, desk and file cabinet. Mayor Christy asked if the statement "to
promote shows, arts and crafts, antique cars, etc." would be deleted from
the application.
Councilman Wilbur motioned to grant this license with the noted statement
deleted from application. Councilman Ledbetter seconded. Motion CARRIED 5-0.
Home Occupation License - Curtis Hayman requested a license for the
business of commercial artistry. Home would be used for office purposes.
Councilman Lodico motioned to grant this request. Councilman Ledbetter
seconded. Motion CARRIED 5-0.
Home Occupation License - Terry Russell requested a license for home repair.
The business to be called "The House Doctor."
Councilman Pendleton motioned to grant this license. Councilman Lodico
seconded. Motion CARRIED 5-0.
The City Clerk read the nine resignations from the Charter Review Committee.
Councilman Ledbetter made a motion to accept the resignations. Councilman
Pendleton seconded. Motion CARRIED 5-0.
ORDINANCES - Second Reading - Ordinance 81-0-27
AN ORDINANCE SETTING FORTH THE CIVIL DEFENSE AND DISASTER PREPAREDNESS AMEND-
MENTS OF 1981; PROVIDING FOR REVISION OF CHAPTER 8 OF THE EDGEWATER CODE
OF ORDINANCES IN THE FOLLOWING SECTIONS; AMENDING SECTION 8-2 TO AUTHORIZE
THE CITY COUNCIL TO APPOINT A DIRECTOR OF CIVIL DEFENSE AND AUTHORIZING
THE DIRECTOR TO APPOINT A COORDINATOR OF THE CITY SUBJECT TO APPROVAL BY
THE COUNCIL; AMENDING SECTION 8-3 TO ESTABLISH AN ORGANIZATION FOR CIVIL
DEFENSE UNDER THE AUTHORITY OF THE CITY COUNCIL AND THE DIRECTOR RATHER
THAN THE MAYOR; AMENDING SECTION 8-4 TO VEST AUTHORITY FOR CIVIL DEFENSE
WITH THE DIRECTOR RATHER THAN THE MAYOR; AMENDING SECTION 8-6 TO AUTHORIZE
THE DIRECTOR TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING CIVIL
DEFENSE RATHER THAN THE MAYOR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; DIRECTING THE CITY CLERK TO ADVERTISE THE ORDINANCE
ACCORDING TO LAW; PROVIDING AN EFFECTIVE DATE.
Mayor Christy opened the floor for the public hearing on this ordinance.
Mrs. Opal and Mr. Gross stated that the Mayor should continue as Civil
Defense Director. Mr. Mosher stated that someone with experience should
be in charge. After a brief discussion, the public hearing was closed.
Councilman Lodico motioned to adopt the Ordinance. Councilman Wilbur
seconded. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy
voted NO.
UNFINISHED BUSINESS - The City Manager advised the Council that two bids
were received for the wellsite construction. Diversified Drilling Corp.
of Tampa bid $31,955.00. Layne Atlantic Co. bid $37,188.00. It is the
recommendation of Briley, Wild that the bid from Diversified be accepted.
Councilman Wilbur motioned to accept Diversified's bid upon release of
right-of-way by FEC. Councilman Pendleton seconded. Motion CARRIED 5-0.
Employee Wages - Councilman Lodico motioned to approve the 10% across-the-
board wage increase for all employees and the $2,000. for supervisors with
the exception of Chief Baugh who should get a $1,000 raise to bring him
more in line with the other supervisors. The motion died for lack of second.
Councilman Wilbur motioned for a 10% increase for all employees including
supervisors. A discussion followed concerning present negotiations with
PBA. Councilman Ledbetter advised the Council that they had not heard
about the PBA negotiations. The City Clerk reminded the Council that they
had authorized the City Clerk and the Police Chief to negotiate with the
PBA and bring the results back to the Council. Councilman Wilbur withdrew
his motion. Councilman Pendleton motioned to TABLE this until information
is received concerning the PBA contract. Councilman Ledbetter seconded.
Motion CARRIED 5-0.
Council Meeting
8/17/81
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NE~ ~USINESS
Mayor Christy wanted to state as a matter of record that in the public hearing
he said they voted on the budget and what they voted on was to have an ordinance
drawn up to accept the budget. Councilman Wilbur made a motion to hold a public
hearing on September 16th for the Federal Revenue Sharing budget, Councilman
Pendleton seconded. Motion carried 5-0.
The City Manager asked if anyone would be attending the Volusia League of Munici-
palities dinner on the 20th. Mayor Christy and wife, Councilman Pendleton and
wife, and the City Manager said they were planning to go. The City Attorney will
advise if he can attend.
Councilman Ledbetter asked to be excused from the September 16th meeting.
The City Attorney discussed the pending lawsuit brought against the city by
Mayor Christy. He stated he needs Council approval to defend the lawsuit
and because of a code of ethics, the mayor's release to do this. The mayor
advised he would have to talk with his attorney and could change his mind after
he talks with his attorney. ,Councilman Pendleton made a motion to appoint Clay
Henderson to defend the city. Councilman Wilbur seconded. Motion carried 4-1.
Mayor Christy voted NO. The City Attorney asked that Mayor Christy put it in
writing as a former client now in an adversary relationship, and then asked
for authorization for funds to receive a retainer. Motion was made by Councilman
Wilbur to pay the defense, Councilman Pendleton seconded. Motion carried 3-2.
Mayor Christy and Councilman Ledbetter voted NO.
Mayor Christy stated the budget hearing and millage hearing will also be held
on September 16th.
MISCELLANEOUS
Mr. Gross questioned if the City Attorney has a contract with the City of Edge-
water. The Attorney replied that the City Attorney is the only employee who
does not have a contract with the City or is covered by the Merit System. Mr.
Gross stated that a few years ago the City purchased $2,500 worth of law books
which were supposed to be in the library of the City of Edgewater, and now are
in Mr. Henderson's office. He asked the Mayor to have the law books returned to
the City since there is nothing in a contract that says we supply law books for
the attorney. The Mayor responded that a precedence has been established from
the year one and the law books have always been held in the attorney's office.
Councilman Pendleton asked the City Attorney where he obtained the law books.
The City Attorney responded they were delivered to him from Mr. Woods' office.
Mrs. Opal asked the City Attorney why the City Manager's application for employ-
ment was not on file in City Hall on June 26th and July 29th and were in the
attorney's office when they are public records. The City Manager advised the
Mayor that the complete file is on record in City Hall.
Councilman Lodico made a motion to adjourn the meeting, Councilman Wilbur
seconded. Motion carried 4-1. Mayor Christy voted NO. Me journed.
Minutes submitted by:
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Mayor
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Nancy F. Blazijlsk
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ATTEST:
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":~;L;:~~DU,~ ~R~iING CONFLICT L_~;;~OT'~~~W,~~~+:~;:
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'Name': CHRISTY',";'.
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(MIDDLE)
Edgewater
(CITY)
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(ZIP CODE)
PART 8"',J.
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NaJne of Agency: 'CITY OF EDGEWATER
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County, City or other Political Subdivision
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,.' PART C;'; '{ ..r , 0)'1'
'~,~I;MORANDIJM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~ 112.3143 (1975)] '~'~r.i;':i
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.:~ 'ityou'have.:voted in your official capacity upon any measure in-which you had a personal, private, or professional inte.rest,Which itiu';es~:t~\" .:~
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, " ,..,.~ur 's#i~ :prhi~te gain or the special private gain of any princi pal by whom you are retained, please disclose the nature Qf your in~r~sf'?:'/l
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. .,..V,Descripti~ of~he matter upon which you voted in your official capacity: ~_~!hori ze the Ci ty Attornei, CLA{' .\'.~; ')
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!~~,: ~HENDERSON to represent the Respondent, CITY OF EDGEWATER, in a legal action bro~ght . .' , I
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:':i.,,>,:/;:c,,";-<>;by.,.myse.l.f,ln Case No.: 81-3298-CA-01, Div. "B", Circui.~ Cour!..~i. Volusia CountY,
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:. .' 'r 2.~ ~ripti~. of the personal, private, or professional interest you have in t~e above miltter which' inures ,to your sp.~'tic.tJ;p;[ivll.te gain or
~~{'-; the speciatprivate gain of any principal by whom you are retained: Advl se qy ~l ty Attorney, CLAY HI:.I\l UI:. RSUN , .. '..... ,,:1
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';~:'/.,P.) ?:~/fo{tf:ilei a.'memo"for my vote on resol uti on 81-R-63 on the 21st day of 'August 1981 therefO're>/
..,;f'"'> '~:.f~';s~'me that I must fil e thi s memo fo~_~y v?te on__~7 August 1981. I do not. D~)ieV~" !';f~V;~,::,~1
. t~~;~!';;.~,:'::~th~;r.~.',iS a conflict of interest in my vote, however, there,.might possibly be ~~cause,'.""i'.~t:'>;"1
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:"to:'b~";',represented by adequ'ate counsel in the pending action I have brought against.th.~,:':
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I voted in the affirmatlve on Resolution 81:"R-63 for~.the c;'tj"';",
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;City'.:~' I- do not believe that I will receive any special private gain from this.,'matter;..::.
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.,however, should I it will be merely the preservation of the attorney
client privilege.
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3: Person, or principal to whom the special gain described above will inure:
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a. ('Xl Yourself b. ( ) Principal by whom you are retained: None
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PART 0
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tiLING INS,!RUCTIONS
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".This' memoran~um must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with' the p~rwn !
:'respOnsible for:recording the minutes of the meeting, who shall incorporate the'memorandum in the meeting minutes. This form need not.be
filed merelyt()'indicate the absence of a voting conflict. Florida law permits but does not require you to abstai'n from voting when a Contl'jct
gf interest ariSes; if you vote, however, the conflict must be disclosed pursuant to the requirements described above.
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'. SIGNATURE OF PE ~N DJ,.SCLO;;;;P""'- f/' DATE SIGNED
NOTICE:' UNQER PROVISIONS OF FLORIDA STATUTES 9112.317 (1915), A FAILURE' TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNOSFOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE.
-'OR EMPLOY~ENT..DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIV1LPENAL TV NOT TO EXCeeD $5.000. '.. " "
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FORM 4 I
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· :M~MORAN~UM OF VOTING CONFLICT I
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. DATE ON WHICH VOTE OCCURRED:
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PART A
Name: ~/.'jj f) C .
(LAST)
Address: .. / 7 () r
WTHLL T)
PART B
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(FIRST) (MIDDLE)
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Telephone: ~ - J.j 27- .j--c. t7
(A/C) (NUMBER)
:3 .2!- tJ~ Z- /,/ ~ 1. 119- ~~
(COUNTY)
Agency is a unit of [chuck one): I ) S(dtl~ 01 FIOlldiJ, (X) COllllly, City 01 other POlllll:..1 Subdivision
Name of Agency: ..(!) 'If 0 r Edje tv ",,"/e r
Position huld in Agency: ... C'P U N D J } M 1'1 ^-l
PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~ 772.3743 (1975))
If you ha~e voted in your official capacity upon any muasure in which you had a personal, privall!, or professional interest which inures to
your special privatu gain or the special private gain of any principal by whom you are retained, pleaslJ disclose the nature of your interest
below.
1. Description of the m'~tt;r upon which you voted in your official capacity:0d-S. - ) Ire
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2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or
the special private gain of any principal by whom you are retained: .___. '" ,..___.. . ._ __..._____
~ ole!. /.!e ../tJ.CLfL_c:-~...r_~.fecT7.-7l. ~/'/b /;-k; l!oSS/ '/.~ ~ __,_
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3. Purson or principal to whom the special gain describud above will inurlJ:
a. 1)4 Yourself b. l)(l. Principal by whom you are retained:__
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PART D
FILING INSTRUCTIONS
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DATE ON WHICH VOTE OCCURRED:
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FOR,l> 4
'MEMORANDUM OF VOTING CONFLICT
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PART A
Name: _w/fl{),C-,
(LAST)
Address: ,-l J t)? 120 (~ A 0
WTHll T) ~
PART B
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(MIDDLE)
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Telephone: -!l-P-tj- Y-27-S6 '7
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Agency is a urllt of (check one) : ( I Stdte of Flollda,
Name of Agency: --Edtt:: ;,vA-;fe-- (I ;:: J fr.
Position held in Agency: __u (!" {/;I/ C J J iV} It )V
l;>4 County, City 01 other Pol II 11:..1 Subdil/ision
PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION (Required by Florida Statutes * 112.3143 (1975))
\
If you have voted in your official capacity upon any measure in which you had a personal, pril/dll!, or professional interest which inures to
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest
below.
"'-,,_'. ~o!" iption of tho m~tt;' upon wh ict> you ,otod in you, ::c;,' "pac;ty, _ ,{ ~
--~~~ f4-~-.:k'" j U -1G - 6_ - -- ------- - . -.
.~J.z-~
,/ I
2. DescrilJtion of the lJersonal, private, or professional interest you hal/e in the abol/e matter which inures to your special private gain or
the special private gain of any principal by whom you are retained: ___ . __ _._____ ___ ________
_c;D/c/_ .;/h~.- /9.-l.-<?x~fJ'C-'!-f-e.,LJ-/-- n_ jt/,t_;// Q-M ,e",SS I ~ _C_. ___'_
____._~>-_.~~lur -k~?:oc:-:./4!-./C<{~ L.,fJiI-VL ~4'~ ?-J.; 'I ~ c
"
\
3. Person or principal to ~horn the specidl gain described dbol/e will inure~. A 1 / /7 /
a. (vi Yourself b. (fl - Principal by whom you are retained: _ _~ - I~
/\-' (NAMC)
PART D
FILING INSTRUCTIONS