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09-19-1988 - Regular : o o CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 19, 1988 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Councilman David Mitchum Present Present Present Present Present City Attorney Jose' Alvarez Interim City Manager Dennis Kelly Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Ed Hartman, Christian Life Center, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Workshop of August 18, 1988 - Councilman Asting moved they adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Workshop of August 29, 1988 - Councilman Asting moved they adopt the minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Regular Meeting of August 31, 1988 - Councilman Prater moved they adopt the minutes of the regular meeting of August 31, 1988. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Special Meeting of September 7, 1988 - Councilman Asting moved they adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Workshop of September 9,1988 - Councilman Rotundo moved they adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Rotary Park; Trash truck bid; Purchase request-Police Department Savin 7350 copier; Purchase requisition exceeding $2,000, but not exceeding $3,000/Municipal Equipment, Inc.; Street light fees; Library Building fund transfer; Citizen Code Enforcement Board appointment; and Interlocal Agreement with Volusia County Metropolitan Planning Organization. Mayor Baugh asked if any items were to be pulled from the consent agenda and there were no requests from Council. Mayor Baugh requested a motion to close the consent agenda. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion to approve the consent agenda. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS Res. 88-R-4l Intent to vacate easement, 1002 Beulah Dr. - City Attorney Alvarez read this Resolution. ORD. 88-R-4l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO VACATE A SIX FOOT UTILITY EASEMENT IN LOTS 212 AND 213, REPLAT OF EDGEWATER ACRES RESUB; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Mitchum moved they adopt 88-R-4l. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 88-0-23 Vacating easement, 1002 Beulah Dr. (First reading) - City Attorney Alvarez read this Ordinance. ORD. 88-0-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A SIX FOOT UTILITY EASEMENT IN LOTS 212 AND 213, REPLAT OF EDGEWATER ACRES; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this accompanies the resolution. Mayor Baugh stated it's first reading. Councilman Rotundo moved they accept this ordinance. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. .' o o ORDINANCES AND PUBLIC HEARINGS (Continued) - Ord. 88-0-24 Residency requirements (First reading)- City Attorney Alvarez read this Ordinance. ORD. 88-0-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO VOTER REFERENDUM ESTABLISHING RESIDENCY REQUIREMENTS FOR THE CITY MANAGER AND ALL DEPARTMENT HEADS; PROVIDING FOR WAIVER, APPEALS AND PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Mitchum moved they adopt Ordinance 88-0-24. Councilman Rotundo seconded the motion. Mayor Baugh asked if there's a provision for Carl Overstreet to allow him not to move into the City. City Attorney Alvarez replied the language agreed to was that Department Heads who at the time of adoption reside outside the City would not be required to move. Mayor Baugh questioned if that's probationary and permanent employees and City Attorney Alvarez replied, only permanent. Mayor Baugh then asked if Mr. Overstreet would have to move after he becomes permanent. City Attorney Alvarez said he has six months from the completion of the probation period to become a resident. Mayor Baugh asked if it would be six months from the time he becomes permanent and City Attorney Alvarez replied yes. Motion CARRIED 4-1. Councilman Prater voted NO. City Attorney Alvarez asked for clarification of Council's intent as to the applicability to the Public Works Superintendent. Mayor Baugh stated he's still on probationary status, and he wants it from the date he becomes a permanent employee. He asked if any Council member had an objection to that. Councilman Mitchum asked Mr. Overstreet if he was agreeable to this. Mr. Overstreet replied yes, and he'd completed the six months' probation. Councilman Mitchum asked if he's permanent now and Mr. Overstreet replied he completed the six months on September 3rd. City Attorney Alvarez pointed out it would not make this ordinance applicable to the Chief of Police, the Building Official, and the Public Works Superintendent. Mayor Baugh asked Mr. Overstreet if he'll move to Edgewater. Mr. Kelly pointed out he works at the pleasure of the City Manager and they're working on his evaluation and permanent status now and it will be presented back at the October 3rd meeting. He added retroactivity of the ordinance and how far back it's to be effective is the question. Mayor Baugh again asked Mr. Overstreet if he'll move to Edgewater and Mr. Overstreet replied he will, based on some of the things they discussed at his hiring, and it's a two way street. Mayor Baugh requested a motion to go from the regular Council meeting to the public hearing. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 88-0-14 Annexation of property, 2700 block of Alamanda Drive (Second reading) - City Attorney Alvarez read this Ordinance. ORD. 88-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT THE 2700 BLOCK, ALAMANDA DRIVE, EDGEWATER, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF ED GEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for comments from the audience and there were none. Ord. 88-0-15 Annexation of property, west of U.S.l, north of Roberts Rd. (Second reading) - City Attorney Alvarez read this Ordinance. ORD. 88-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT THE WEST SIDE OF U.S.l, A HUNDRED FEET NORTH OF ROBERTS ROAD, EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for comments from the audience and there were none. -2- Council Regular Meeting Minutes September 19, 1988 o o ORDINANCES AND PUBLIC HEARINGS (Continued) Ord. 88-0-20 Referendum ordinance City Manager voter performance approval (Second reading) - City Attorney Alvarez read this Ordinance. ORD. 88-0-20- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING THE CHARTER BY RESUBMITTING TO THE VOTERS THE TWO YEAR CITY MANAGERS VOTERS PERFORMANCE APPROVAL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Baugh asked for comments from the audience. Dominick Fazzone, 302 Paradise Lane, stated he felt the City Council should hire and fire the City Manager and he voted against this on referendum. He referred to an article in the newspaper regarding statements made by the City Manager and City Attorney. There was discussion regarding comments made by Mr. Kelly reference the recognition by ICMA. Mr. Fazzone questioned the legality and constitutionality of voting on this after the people voted 2; to 1 for this. Mr. Kelly explained other cities' policies and pointed out this would create a political appointment. He recommended they put it on the referendum in November and encouraged voters to vote against the two year provision. Frank Roe, 2732 Juniper Drive, stated it was placed there so they don't have a constant change in City Managers and it will give him at least two years to perform. Keith Denton, Florida Shores, referred to the first ordinance and the fact that the voters were not fully informed when they voted. He spoke on the change in the utility funds. He stated the City Manager has to reapply every two years and every citizen will decide if he keeps the job. Mayor Baugh pointed out they cannot vote the City Manager in or out as that's just for the Council, but they can vote if he's doing a good job or not. Norman Billups expressed obj ection to politicizing the City Manager's position and stated that people are not keeping themselves informed. Harvey Hardin, 207 Hubbell Street, stated the responsibility should be with the City Council and not with the people. Mayor Baugh requested a motion to close the public hearing and go back to the regular meeting. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord.88-0-14 - Councilman Rotundo moved they adopt this ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 88-0-15 - Councilman Prater moved they adopt Ordinance 88-0-15. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 88-0-20 - Councilman Mitchum moved they adopt Ordinance 88-0-20. Councilman Rotundo seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO. UNFINISHED BUSINESS Councilman Rotundo's legal fees (no backup mat'l) - Councilman Asting moved they pay the legal fees that Councilman Rotundo incurred in his defense against accusations. There was a discussion regarding the status of the requested opinion from the Attorney General. Councilman Rotundo asked that a September 1, 1988, letter from Attorney Judson Woods be read into the record. Acting City Clerk Wadsworth read the letter, the body of which was: "It is my understanding that the City Council has tabled consideration of Mr. Rotundo's request for reimbursement of his legal fees and costs which he incurred in his successful defense in the case of State of Florida vs. Rotundo. As I understand it, the request has been tabled in order for the city attorney to obtain an opinion from the Attorney General's office as to whether or not Mr. Rotundo was acting within the scope of his duties as a councilman on the evening of February 10, 1988. For your infor- mation, I am enclosing a copy of AGO 86-35 dated April 30, 1986, which clearly holds that the Attorney General will not make a determination as to whether the acts of a public officer arises from performance of his duties or whether those acts serve a public purpose. Such a determination rests clearly with the Edge- water City Council and cannot be delegated to the Attorney General. Therefore, I would urge you to promptly place this matter on the Council agenda for consid- eration of the payment of these fees and costs in light of this enclosed opinion." -3- Council Regular Meeting Minutes September 19, 1988 o o UNFINISHED BUSINESS (Continued) Councilman Rotundo's legal fees (Cont'd) - Councilman Rotundo seconded the motion and stated he would not vote on it. Mayor Baugh requested a ruling from the City Attorney. City Attorney Alvarez stated his advice is to completely abstain from the proceedings. There was further discussion regarding the second to the motion. Councilman Asting spoke on an accusation of this type lodged against anyone on Council anytime and anywhere. Councilman Rotundo submitted a copy of AG 86-35 with an excerpt highlighted. Mr. Kelly read the excerpt into the records: "However, the determination as to whether acts of a public officer arise from performance of his duties or whether those acts serve a public purpose rests with the governing body of the governmental unit. The Attorney General is not authorized to make such a determination for the governmental unit nor may the governmental unit delegate that determination to the Attorney General. See AGO 85-51; 1984 Annual Report of the Attorney General, 'Statement of Policy Concerning Attorney General Opinions', p. ix." Frank Roe, 2732 Juniper Drive, suggested after they pay for the defense that the Attorney General should investigate to collect from the two complainants. Dom Fazzone questioned how one Councilman could sit in judgement of another as Councilman Prater had testified against Councilman Rotundo. Norm Billups, 1860 Pine Tree Drive, referred to another Councilman being assaulted and followed to the door. Mayor Baugh noted that charges were not filed. John Siburn, Connecticut Avenue, spoke on the issue of Councilman Rotundo not voting on the issue. Mayor Baugh pointed out he was informed he cannot vote. There was further discussion about the request for an Attorney General's opinion. Councilman Mitchum suggested they table this to the next meeting. Motion DID NOT CARRY 2-2. Councilmen Mitchum and Prater voted NO and Councilman Rotundo abstained from voting. Councilman Mitchum moved that this amount of money be placed in escrow for Councilman Rotundo's defense and he doesn't have a problem with it but with Councilman Rotundo's seconding it. Mayor Baugh called a five-minute recess at 8:10 P.M. He called the meeting back to order at 8:19 P.M. Councilman Asting moved to reconsider the payment regarding Councilman Rotundo's legal fees. Mel Wargo, from the audience, called a point of order. Councilman Mitchum seconded the motion. Mr. Wargo stated that only someone in the majority can vote. Mayor Baugh replied there was no majority or prevailing side. City Attorney Alvarez stated then anyone can make the motion, prevailing or not. Motion CARRIED 3-1. Councilman Prater voted NO and Councilman Rotundo abstained. Councilman Asting moved that the City of Edgewater pay Councilman Rotundo's legal fees in the recent court case concerning accusations made against him. Councilman Mitchum seconded the motion, explaining he was made aware of information they didn't have and he was concerned about the judgement from the City Attorney that the motion could have been challenged. He added that the court found that Council- man Rotundo was not guilty. Motion CARRIED 3-1. Councilman Prater voted NO and Councilman Rotundo abstained from voting. Extension request #2, Volusia County Ord. 88-15 - Mr. Kelly read his Request for Council Action of September 14, 1988, recommending they request a 60 day extension per the request of LDRA. Mayor Baugh asked if the County would agree to this and Mr. Kelly replied the staff advised it would be appropriate, but there may be some resistance from Councilman Henderson. Councilman Rotundo moved they accept the recommendation of the City Manager. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked to be kept advised on this. NEW BUSINESS Contract for comprehensive planning services/Reynolds, Smith and Hills - Mr. Kelly reviewed the interview and negotiation process and the request from the City for additional information to be included. Councilman Mitchum moved they grant the recommendation. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes September 19, 1988 o o NEW BUSINESS (Continued) Burger King fence - Mr. Kelly read his August 30, 1988, Request for Council Action, recommending this be referred to LDRA and that Burger King submit an application for a variance, and the City Attorney to prepare an ordinance with two height limitations, depending on land uses and zoning restrictions. There was discussion about the length of time this will take and Mr. Kelly explained it should be heard at the first meeting in OctoberofLDRA. Councilman Asting moved they accept the City Manager's recommendation. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Annexation and rezoning recommendation, Lots 1 through 8 and Lots 21 through 29, Block B, Edgewater Park - Mr. Kelly read his September 14, 1988, Request for Council Action, recommending acceptance and forwarding to the City Attorney for the appropriate ordinances. Councilman Rotundo moved they accept the City Manager's recommendation of alternative 1. Councilman Asting seconded the motion. Motion CARRIED 5-0. Rezoning request, Lot 7, Roberts Road and U.S.l - Mr. Kelly read his September 14, 1988, Request for Council Action, which recommended acceptance of this request. Councilman Prater moved to accept the recommendation of the LDRA. Councilman Asting seconded the motion. Motion CARRIED 5-0. Addendum to Agenda: (Next two items) Rezoning request, Lots 3-6, west side U.S.l and Roberts Road - Mr. Kelly read his September 16, 1988, Request for Council Action, which recommended acceptance of the LDRA request with rezoning to be B-5. Councilman Asting moved they accept the recommendation of the LDRA. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 88-R-43 Calling for primary election to be held October 25, 1988 - Mr. Kelly stated this is pro forma required by the Charter to call for the primary election. City Attorney Alvarez read the Resolution. RES. 88-R-43 - A RESOLUTION CALLING FOR A PRIMARY ELECTION TO BE HELD IN THE CITY OF EDGEWATER, FLORIDA, ON OCTOBER 25, 1988, FOR THE PURPOSE OF SELECTING TWO CANDIDATES OF MAYOR AND COUNCIL SEATS FOR ZONE 1, ZONE 2, ZONE 3, AND ZONE 4; IF NEEDED, DESIGNATING THE VOTING PLACES FOR SAID ELECTION; DIRECTING THE CITY CLERK TO PUBLISH THE RESOLUTION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-43. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Vincent Perrotta, 2303 Needle Palm, employee of City of Edgewater, read excerpts and distributed copies to Council of a letter written by Carl Overstreet to him dated July 27, 1988. He said he has written statements from citizens of Edgewater and fellow workers which contradict Mr. Overstreet's statements. He asked that the letter be stricken from his work records and that the last evaluation be restored to the previous evaluation of a 5 for integrity. He then read a letter from Mark Skeen to the City Council dated September 19, 1988: "To the City Council: This short letter is in regard to the incident involving Vincent Perrotta, my driver, during our Monday route through the Florida Shores area. It should be apparent to anyone who has reviewed this situation that a very small mistake has been made. However, it seems that others involved found it necessary to blow this situation out of proportion. It is unfortunate that something so incredibly trivial was taken to such extremes. Let us hope that we have all learned a lesson from this and will not make the same mistake in future events, as we all know that there are more important issues to spend the City's valuable time on. Thank you for your time and patience. Sincerely, Mark Skeen." Mr. Kelly stated that Mr. Perrotta had submitted similar information to him, and he cautioned Council that they operate under a union agreement and collective bargaining agreement with specific detailed steps, and if Council responds, they would be violating the process and could subject themselves to an unfair labor practice charge. Mayor Baugh advised that he'd like to read it and go over it before he makes any comments. -5- Council Regular Meeting Minutes September 19, 1988 o C) CITIZEN COMMENTS (Continued) - Freeman Newell, 2450 S. Ridgewood Avenue, asked the status of the road to the ballfield. Mr. Kelly explained he'd be meeting on Wednesday with Dr. Smith of the School Board to pick up an agreement and as soon as the City Attorney reviews it, it will come before the City Council for their approval. Mr. Newell spoke about the length of time needed to straighten this out and the fact that the City has a 99-year lease. There was discussion about the current lease. Mr. Newell then spoke on the leash law and the problem they've had with dogs. He spoke on the Animal Control Officer transporting animals for people who live in the County. Chief Schumaker agreed that whenever possible they try to return the animals to the owners because it costs $34 for every animal taken to the Humane Society. Mayor Baugh asked if owners of animals running at large could be cited and still return the animals to them. Chief Schumaker replied that's how he understands it. There was discussion about the animal violations going to the Citizen Code Enforcement Board. Mr. Kelly suggested Mr. Newell meet with Chief Schumaker about this. Jimmie Newell also spoke on the Animal Control Officer going to the shelter and picking up a dog and taking it to an owner. He spoke on dogs running loose in their area. Freeman Newell stated that some dogs in Orange County have rabies. James Lee, 3144 Oak Lane, spoke on behalf of Vincent Perrotta and suggested he get his raises. Vincent Perrotta stated he's the only one in the City who has failed his evaluation twice by the same Superintendent. Harold Hardester, Pelican Cove West, announced his resignation from the Land Development and Regulatory Agency due to moving from the area. Mayor Baugh and Councilman Mitchum expressed their appreciation for his past service. Joe Martin, He asked if replied no. Section 4. 6 Laughing Gull, spoke on Ord. 88-0-24, residency requirements. the City Manager would be a Department Head and City Attorney Alvarez Mr. Martin questioned the right to appeal for the City Manager in City Attorney Alvarez pointed out the City Manager is a Charter officer. Tom Sheridan, Florida Shores, spoke on the shelter built for animals and the noise problem. Mr. Kelly explained the cost was less than $1,000 for the septic tank at the shelter and it's a temporary holding pen for late at night or on week-ends. He reviewed the corrective measure to alleviate the noise problem. Mr. Sheridan spoke on the Animal Control Officer going to the County and getting people to get their dogs. Mr. Kelly said he'd get further information from the Animal Control Officer. Liz Scarvada, Marion Avenue, spoke on behalf of the Southeast Volusia Humane Society and asked that the City reconsider using Halifax Humane Society. Karen Stephenson, 315 Sea Gull Court, referred to an incident with a neighbor and a BB gun regarding her dog. She then asked to submit a proposal for other than landowners to be eligible for the City Council. City Attorney Alvarez suggested she submit a written communication to Council. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manager - Mr. Kelly announced the public hearing for the budget would be Monday, September 26th, at 7:00 PM in the Community Center. Mr. Kelly then requested Council's authorization to pay a $9,928. bill to Orlando Lab regarding the Coronado Paint back up problem. He pointed out they're passing that cost on to Coronado Paint and they're attempting to negotiate. He asked approval to pay the bill to Orlando Lab with full expectations to continue negotiations to come to some settlement. Councilman Mitchum moved they pay the bill. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked to be advised when they hear from Coronado Paint. -6- Council Regular Meeting Minutes September 19, 1988 .. o o '1 COUNCIL/OFFICERS REPORTS (Continued) City Council- There were no reports from the City Council at this time. QUESTIONS FROM PRESS Pat Chambers, News Journal, asked for clarification of the residency require- ment ordinance regarding Carl Overstreet's probationary status. Mayor Baugh replied the probationary status has not corne before Council yet. Ms. Chambers asked if he'd have to move in if he has the job. City Attorney Alvarez replied the ordinance as written does not require him to move in. Ms. Chambers then asked about the Burger King fence and Mayor Baugh explained it goes back to the LDRA. Mr. Kelly explained the request for a variance has to corne from Burger King. Ms. Chambers asked if they want LDRA to change the ordinance and Mayor Baugh replied this was just for Burger King. ADJOURN Councilman Asting so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 9:24 P.M. Minutes submitted by: Lura Sue Koser ATTEST: COUN7;Z7~ COUNCILMAN - ZONE FOUR y/~ ~ (J ~ -r~ A~~~ ACTING CITYVCLERK v~s Approved this ~ day of c:J d-~ ,198 ~ . ~=#l~ - MAYOR -7- Council Regular Meeting Minutes September 19, 1988 .. . . . FORM 8B MEM~RANDUM OF -VQT'NU'CONFLICT FOR COU'NTY. MUNICIPAL. AND 'OTHER LOCAL PUBLIC OFFICERS l~Sl N~Ml:-F1RSl N~MF-MIl>l>lE N~ME N~Mf: OF BOARD. rollNCll. COMMISSION. AtJTHORITY. OR COMMITTEE Louis J.Rotundo City of Edgewater-Citv Council M~llING ~l>l>Rf:SS THE BO~RD. COUNCil.. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS ~ UNIT OF: 122 Dixwood XCITY ' . COUNTY i : CJTHER LOCAL AGENCY Cln COUNTY NAME OF POLITICAL SUBDIVISION: Edgewater Volusia Council Zone 1 City of Edgewater D~TE 01" WHICH VOTE O<'CURREl> MY POSITION IS: September 19, 1988 :x ElECTIVl: APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by'publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate' the form in the minutes. APPOI~TED OFFICERS: A person holding appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he i!> retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFWENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form shduld be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAr-f' I . . ')F';OU .MAKE NO A lTEMPT TO INCENCE THE DECISION EXCEPT BY DIQSSION OR VOTE AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before participating. . You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. e-or will come before my agency which (check one) DISCLOSURE OF STATE OFFICER'S INTEREST jL , hereby disclose that on /'1 ~~ ~ 2 ~~. C~ ~ ,19Q..L: '- I, _ inured to the special gain of , by whom I am retained. (~) The measure before my agency and the nature of my interest in the measure is as follows: 23 o Dale Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO. CE FORM 88 - 10-86 PAGE 2