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HomeMy WebLinkAbout09151994 PZ City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 15! 1994 7:00 P.M. 2. 3. 4. 8. 9. 10. CALL TO ORDER. ROLL CALL. ANNOUNCEMENTS. APPROVAL OF MINUTES: REGULAR MEETING OF SEPTEMBER 1, 1994 OLD BUSINESS: DISCUSSION - TERMS FOR CHAIRPERSON & VICE CHAIRPERSON NEW BUSINESS: DISCUSSION - PROPOSED AMENDMENT FOR THE CG ZONING DISTRICT PUBLIC HEARING - SPECIAL USE PERMIT FOR INDIAN RIVER TREE RECYCLING & MULCH FACILITY CHAIRMANS MATTERS. MEMBERS MATTERS: ATTORNEYS MATTERS. BUILDING OFFICIAL MATTERS. ADJOURN. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. PZAGENDA.DOC CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING SEPTEMBER 15, 1994 CHAIRMAN THOMPSON OPENED THE MEETING AT 7:00 P.M. ROLL CALL: PRESENT: MR. SHROYER CHAIRMAN THOMPSON MR. GOLDSTEIN MRS. BRANTMEYER MR. FALKE MR. FISCHER MR. MUNSART ABSENT: MR. BARNES, EXCUSED LATE: MR. SCHULKE ALSO PRESENT: BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT/BUILDING OFFICIAL ANNOUNCEMENTS: CHAIRMAN THOMPSON STATED ON SEPTEMBER 12, 1994 HE APPROVED A MINOR MODIFICATION TO A SITE PLAN FOR A CONCRETE BLOCK & BRICK BARBECUE WITH A METAL ROOF AT THE MASONIC LODGE LOCATED AT 1715 N. CENTRAL AVENUE. HE ALSO STATED HE HAS HAD A PREVIOUS COMMITMENT SINCE FEBRUARY 1994 AND WILL NOT ATTEND THE OCTOBER 6, 1994 MEETING. MR. GOLDSTEIN APOLOGIZED TO THE COMMISSION FOR HIS ABSENCE AT THE PREVIOUS MEETING. SINCE MR. SCHULKE OR MR. BARNES WERE NOT PRESENT, MRS. BRANTMEYER WILL BE ABLE TO VOTE. APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. FALKE TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 1, 1994. MR. FISCHER SECONDED THE MOTION. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. OLD BUSINESS: DISCUSSION OF TERMS FOR THE CHAIRPERSON AND VICE CHAIRPERSON: MR. SHROYER REFERRED TO THE CURRENT ORDINANCE AND THE PROPOSED AMENDMENT TO THE ORDINANCE, WHICH WAS GIVEN TO THE MEMBERS AT THE MEETING. BASICALLY, THE CURRENT ORDINANCE STATES THE TERMS OF OFFICERS OF THE BOARD SHALL BE FOR ONE YEAR WITH ELIGIBILITY FOR RE-ELECTION. THE PROPOSED ORDINANCE STATES THE TERMS OF ALL OFFICERS SHALL BE FOR ONE YEAR. OFFICERS SHALL NOT BE ELIGIBLE FOR /4"N. /4041 PLANNING AND ZONING COMMISSION PAGE TWO REGULAR MEETING OF SEPTEMBER 15, 1994 RE-ELECTION UNLESS THEIR PREVIOUS TERM WAS LESS THAN ONE FULL YEAR OR LESS THAN ONE FULL TERM. MR. SHROYER STATED PRIOR TO MR. THOMPSON TAKING OVER AS CHAIRMAN, THE COMMISSION HAD THE SAME CHAIRMAN FOR EIGHT YEARS. HE DOES NOT FEEL IT IS FAIR TO OTHER MEMBERS OF THE BOARD OR TO THE CITY. ALSO, HE STATED THE PRIOR VICE CHAIRPERSON HAD BEEN ELECTED FOR OVER FOUR FULL TERMS. MR. SHROYER ALSO STATED THERE IS ALSO A POSSIBILITY FOR A PERSON TO USE HIS OFFICE AS SUCH AND IN SOME WAYS IT MIGHT NOT BE FOR THE BENEFIT OF THE CITY. THIS IS HIS PERSONAL OPINION NOT NECESSARY A FACT. CHAIRMAN THOMPSON ANNOUNCED THAT MR. SCHULKE ARRIVED AT THE MEETING. SINCE MRS. BRANTMEYER VOTED AT THE LAST MEETING, MR. SCHULKE WILL BE VOTING IN THE ABSENCE OF MR. BARNES ON ANY OTHER MOTIONS DURING THIS MEETING. CHAIRMAN THOMPSON PERSONALLY DOES NOT FEEL THAT ONE YEAR IS LONG ENOUGH FOR A TERM OF AN OFFICER, CHAIRMAN OR VICE CHAIRMAN. HE FEELS IT TAKES MORE TIME THAN THAT TO KNOW WHAT IS REALLY GOING ON. HE FEELS IT SHOULD BE TWO YEARS OR MAYBE THREE YEARS. MR. FISCHER STATED CURRENTLY EACH YEAR THE BOARD VOTES ON A CHAIRMAN AND VICE CHAIRMAN. HE FEELS THE BOARD COULD VOTE FOR WHOEVER THEY WANTED FOR THE OFFICERS. MR. SHROYER STATED BASICALLY PEOPLE HAVE A TENDENCY NOT TO WANT TO OFFEND OTHER PEOPLE AND THAT BEING THE CASE, THEY WOULD NOT WANT TO OFFEND THE CHAIRMAN OR VICE CHAIRMAN BY RECOMMENDING SOMEBODY ELSE IN THEIR PLACE. SINCE YOU HAVE TO BE ON THE BOARD FOR TWO YEARS BEFORE YOU ARE DEEMED ELIGIBLE TO BECOME CHAIRMAN OR VICE CHAIRMAN, IT GIVES YOU A GOOD AMOUNT OF TRAINING TO BACK IT UP. BASICALLY, YOU WOULD BE LOOKING AT A MINIMUM OF THREE YEARS FOR EACH PERSON BEFORE HE WOULD BE ELIGIBLE TO MOVE UP. MR. -FALKE PARTIALLY AGREED WITH MR. SHROYER. HOWEVER, HE COULD SEE THAT SINCE IT IS A REQUIREMENT THAT A PERSON HOPEFULLY BE ON THE BOARD FOR TWO YEARS BEFORE BEING ELIGIBLE FOR ONE OF THE OFFICES, IT IS CONCEIVABLE THAT NOBODY WOULD BE AVAILABLE WHO HAD NOT ALREADY BEEN CHAIRMAN OR VICE CHAIRMAN. MR. SHROYER STATED THAT THE PERSON WOULD NOT BE ELIGIBLE FOR RE- ELECTION. IT MEANS THAT A MEMBER COULD BE OUT OF THE CHAIRMAN'S POSITION FOR ONE YEAR AND THEN BE VOTED BACK IN AGAIN. MR. SCHULKE STATED THE CODE STATES WHENEVER POSSIBLE, THE PERSON SELECTED AS THE CHAIRPERSON AND VICE CHAIRPERSON OF THE PLANNING AND ZONING COMMISSION SHALL HAVE SERVED TWO YEARS. HE DOES NOT SEE ANYTHING WRONG WITH THE PRESENT SYSTEM. /afflo'N PLANNING AND ZONING COMMISSION PAGE THREE REGULAR MEETING OF SEPTEMBER 15, 1994 A MOTION WAS MADE BY MR. SHROYER TO ACCEPT THE PROPOSAL WHICH IS IN FRONT OF US FOR THE LIMITATION OF THE TERM TO BE ONE YEAR BUT LESS THAN TWO YEARS. MR. FALKE SECONDED THE MOTION. ROLL CALL: CHAIRMAN THOMPSON NO MR. GOLDSTEIN NO MR. FALKE YES MR. FISCHER NO MR. SCHULKE NO MR. MUNSART YES MR. SHROYER YES MOTION DENIED, 4-3 VOTE. A MOTION WAS MADE BY MR. FALKE THAT TERMS OF ALL SUCH OFFICERS SHALL BE FOR ONE YEAR. OFFICERS WILL NOT BE ELIGIBLE FOR RE- ELECTION MORE THAN ONE TIME UNLESS ONE OF THEIR PREVIOUS TERMS WAS FOR LESS THAN ONE FULL TERM. MR. COOPER STATED IT COULD READ SHALL NOT EXCEED TWO CONSECUTIVE f0011� TERMS, IF IT IS THE BOARD'S INTENT. MR. FALKE IS TRYING TO KEEP IN THE MOTION THAT EACH YEAR WE RE-ELECT THE OFFICERS. HOWEVER, THE OFFICERS CAN SUCCEED THEMSELVES ONE TIME. CHAIRMAN THOMPSON STATED THAT MAKES A PERSON ELIGIBLE TO SERVE TWO YEARS IF THE COMMISSION SO DESIRES. MR. FALKE STATED BUT, IT DOES NOT ESTABLISH AN AUTOMATIC TWO YEAR TERM. MR. SHROYER SECONDED THIS MOTION. MR. SHROYER STATED HE WANTED TO AMEND IT TO SAY NO MORE THAN TWO FULL TERMS. MR. FALKE STATED THAT TWO FULL TERMS IS WHAT HE TRIED TO SAY IN HIS MOTION. ROLL CALL: MR. MUNSART YES MR. SHROYER YES CHAIRMAN THOMPSON YES MR. GOLDSTEIN NO MR. FALKE YES MR. FISCHER NO MR. SCHULKE NO MOTION CARRIED, 4-3 VOTE. CHAIRMAN THOMPSON STATED THIS MOTION SHOULD BE RECOMMENDED TO CITY COUNCIL FOR CHANGE IN THE CODE FOR TERMS OF CHAIRPERSON AND VICE CHAIRPERSON FOR PLANNING AND ZONING. /aft -1 /4061 PLANNING AND ZONING COMMISSION PAGE FOUR REGULAR MEETING OF SEPTEMBER 15, 1994 NEW BUSINESS: PROPOSED AMENDMENT FOR THE CG ZONING DISTRICT: CHAIRMAN THOMPSON STATED THERE WAS A LETTER FROM MR. ELMER C. CARPENTER. THIS IS A DISCUSSION ONLY AT THIS TIME. MR. COOPER STATED THAT AN ANTIQUE STORE HAS RELOCATED FROM ONE DISTRICT THAT WAS A PERMITTED USE AND MOVED INTO A COMMERCIAL GENERAL DISTRICT, WHICH IS A CONDITIONAL USE. UNFORTUNATELY, THE LOCATION WHERE THE ANTIQUE BUSINESS IS CAN NOT MEET THE CRITERIA OF THE CONDITIONAL USE REQUIREMENTS BECAUSE OF THE SETBACK FROM A RESIDENTIAL DISTRICT. WE HAVE HAD VARIOUS CONDITIONAL USES OVER THE YEARS UNDER THE SAME CATEGORY, WHICH IS MERCHANDIZING OF SECONDHAND GOODS, WHICH INCLUDES ANTIQUE STORES, SECOND-HAND STORES, PAWN SHOPS. ONE OF THE CONDITIONS IS THAT THEY HAVE TO BE INSIDE OF THE BUILDING AND A CERTAIN DISTANCE FROM A RESIDENTIAL DISTRICT. MR. COOPER RECOMMENDS THAT WE AMEND THE CODE TO PROVIDE ANTIQUE STORES AND MERCHANDIZING OF SECONDHAND GOODS WITHIN AN ENCLOSED STRUCTURE TO BE A PERMITTED USE IN CG ZONING DISTRICT. THE APPLICANT, ELMER CARPENTER, WAS PRESENT AT THIS MEETING. HE STATED HE HAD A SMALL STORAGE BUILDING ON 512 AND NOW HE NEEDS THE EXPOSURE FOR HIS BUSINESS TO SURVIVE. HE STATED HE SHOULD HAVE ASKED BEFORE HE MOVED INTO 908 U.S. #1. MR. GOLDSTEIN ASKED MR. CARPENTER WHAT THE DEFINITION OF AN ANTIQUE STORE IS. MR. CARPENTER STATED IT HAS AGE AND ALSO HAS VALUE BECAUSE OF ITS AGE. HE THINKS THE DEFINITION IN THE BOOK IS 100 YEARS. MR. GOLDSTEIN ASKED WHAT WOULD BE A REASONABLE AGE REQUIREMENT. MR. CARPENTER STATED HE SOLD A MICKEY MANTLE BAT THAT WAS 20 YEARS OR LESS LAST YEAR. MR. GOLDSTEIN ASKED MR. COOPER IF THERE IS A SETBACK RIGHT NOW FOR GENERAL RETAIL SALES. MR. COOPER STATED OTHER THAN A LANDSCAPE STRIP THERE IS NO REQUIREMENT FOR A SETBACK. MR. FISCHER ASKED MR. COOPER WHY THIS WOULD NOT BE UNDER GENERAL RETAIL SALES. MR. COOPER STATED ON PAGE 65 IN THE LAND DEVELOPMENT CODE SPECIFICALLY DEFINES ANTIQUE STORES, PAWN SHOPS INTO THAT CLASSIFICATION, WHICH IS UNDER A COMMERCIAL GENERAL CONDITIONAL USE PERMIT. MR. FALKE ASKED IF MR. CARPENTER SELLS ANTIQUE FIRE ARMS. MR. CARPENTER STATED HE DID NOT BUT COULD HAVE. MR. COOPER STATED GENERALLY YOU FIND FIRE ARMS IN PAWN SHOPS. MR. FALKE ASKED IF THIS WOULD OPEN THE DOORS TO FLEA MARKETS. PLANNING AND ZONING COMMISSION PAGE FIVE REGULAR MEETING OF SEPTEMBER 15, 1994 MR. MUNSART APPROVED WITH THE PROPOSAL FROM STAFF TO CHANGE THE CATEGORY TO PERMITTED USE. MR. SCHULKE AGREED WITH MR. MUNSART. MRS. BRANTMEYER AGREED WITH MR. MUNSART AND MR. SCHULKE. MR. COOPER STATED THE ACTUAL PARCEL OF LAND HAS TWO ZONING CLASSIFICATIONS AND WE GO BY THE ZONING LINE NOT THE PROPERTY LINE. CHAIRMAN THOMPSON THINKS MR. CARPENTER HAS A VERY GOOD CASE FOR A VARIANCE SINCE HIS ZONING LINE GOES ALONG THE BUILDING HE IS GOING TO USE AND BACK AND GOES ON SOUTHERLY. MR. COOPER STATED IF P & Z AGREES TO CHANGE THIS CODE, WE WOULD STAY ANY ENFORCEMENT UNTIL SUCH TIME AN ORDINANCE IS EITHER PASSED OR FAILED. HE WOULD RATHER SEE AN AMENDMENT TO THE CODE INSTEAD OF A VARIANCE. MR. FISCHER ASKED IF WE COULD PUT ANTIQUE STORES UNDER GENERAL RETAIL SALES. MR. COOPER STATED HE WOULD ASK THE ATTORNEY TO ADVISE US. MR. COOPER STATED IF THE BOARD AGREES, THAT WE SEND IT TO CITY COUNCIL TO WORK SHOP AND IF THE CITY COUNCIL AGREES THEN WE WOULD HAVE THE ATTORNEY ADDRESS IT THE MOST APPROPRIATE WAY TO AMEND THE CODE. MR. FISCHER MADE THAT MOTION WHICH MR. COOPER STATED. MR. FALKE SECONDED THAT MOTION. MR. COOPER ASKED FOR CLARIFICATION ON THE MOTION. HE STATED HE HAS NOT HEARD A CONSENSUS ONE WAY OR ANOTHER. ARE WE ELIMINATING MERCHANDIZING OF SECONDHAND GOODS TOTALLY OR ARE WE CHANGING THIS TO JUST TO INCLUDE PAWN SHOPS AND FLEA MARKETS? MR. FISCHER ADDED TO HIS MOTION TO LEAVE PAWN SHOPS AND FLEA MARKETS AS A CONDITIONAL USE IN CG ZONING DISTRICT. MR. FALKE SECONDED THE MOTION. ROLL CALL: MR. SHROYER YES CHAIRMAN THOMPSON YES MR. GOLDSTEIN YES MR. FALKE YES MR. FISCHER YES MR. SCHULKE YES MR. MUNSART YES MOTION CARRIED, 7-0 VOTE. f 1 /°'*� PLANNING AND ZONING COMMISSION PAGE SIX REGULAR MEETING OF SEPTEMBER 15, 1994 PUBLIC HEARING - SPECIAL USE PERMIT FOR INDIAN RIVER TREE RECYCLING & MULCH FACILITY: CHAIRMAN THOMPSON OPENED THE PUBLIC HEARING AT 7:43 P.M. AND READ A LETTER DATED 9/8/94 FROM MOSBY & ASSOCIATES REQUESTING THAT THE PUBLIC HEARING BE POSTPONED TO OCTOBER 6, 1994 SINCE THE OWNER WILL BE OUT OF TOWN ON SEPTEMBER 15, 1994. A MOTION WAS MADE BY MR. GOLDSTEIN TO CONTINUE THE PUBLIC HEARING FOR INDIAN RIVER TREE RECYCLING AND MULCH FACILITY UNTIL THE NEXT REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION. MR. MUNSART SECONDED THIS MOTION. MR. COOPER ASKED FOR A SPECIFIC DATE. MR. GOLDSTEIN AMENDED THE MOTION TO OCTOBER 6TH, THE NEXT REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION. MR. FISCHER STATED HE HAS A CONFLICT OF INTEREST AND THEREFORE WILL NOT BE VOTING. MRS. BRANTMEYER WILL VOTE FOR MR. FISCHER ON THIS ITEM. ROLL CALL: MR. GOLDSTEIN YES MRS. BRANTMEYER YES MR. FALKE YES MR. SCHULKE YES MR. MUNSART YES MR. SHROYER YES CHAIRMAN THOMPSON YES MOTION CARRIED, 7-0 VOTE. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: MR. GOLDSTEIN INQUIRED WHICH EXCUSE WILL BE APPROVED BY THE CHAIRMAN IF A BOARD MEMBER IS ABSENT FROM A MEETING. HE WAS UNEXCUSED LAST MEETING. CHAIRMAN THOMPSON STATED A BOARD MEMBER SHOULD NOTIFY THE CHAIRMAN OR SECRETARY IF WILL NOT BE ABLE TO ATTEND A MEETING. MR. COOPER STATED DUE TO WHATEVER UNFORESEEN CIRCUMSTANCES, AS LONG AS YOU BRING IT UP THE FOLLOWING MEETING, IT CAN BE CHANGED FROM AN UNEXCUSED TO AN EXCUSED ABSENCE IF APPROVED BY THE CHAIRMAN. MR. GOLDSTEIN REQUESTED THAT HIS UNEXCUSED ABSENCE OF THE LAST MEETING (SEPTEMBER 11 1994) BE CHANGED TO EXCUSED. CHAIRMAN THOMPSON APPROVED MR. GOLDSTEIN'S REQUEST. /0* ) 60 PLANNING AND ZONING COMMISSION PAGE SEVEN REGULAR MEETING OF SEPTEMBER 15, 1994 MR. MUNSART ASKED MR. COOPER IF ANYTHING FURTHER HAS BEEN DONE ON THE ANNEXATION STUDY. MR. COOPER SAID HE HOPES TO HAVE IT DONE SOMETIME NEXT MONTH. MR. SHROYER ASKED WHAT THE STATUS WAS ON THE MEMORANDUM TO THE CITY MANAGER REGARDING PARKING ON INDIAN RIVER DRIVE. MR. COOPER GAVE HIS COMMENTS BACK TO THE CITY MANAGER. CHIEF PETTY ALSO WAS ASKED TO COMMENT ON THIS MATTER. MR. COOPER HAS NOT HEARD A DECISION ON THIS MATTER YET. MR. SHROYER ASKED WHEN THE FISH & WILDLIFE AGENCY GETS DONE WITH TAKING OF OUR LANDS, THE PART BACK HERE AND THE JULIAN PROPERTY AND THE PART EAST OF GIBSON STREET AND THE RAILROAD TRACKS, IS PART OF THAT THE 33 ACRES? IF IT IS, IS THE AREA THAT THEY ARE PROPOSING TO TAKE PART OF OUR INDUSTRIAL AREA? MR. COOPER STATED THAT FISH & WILDLIFE HAS TARGETED THE 60 ACRES THAT ATLANTIC GULF HAS. THAT PIECE OF PROPERTY HAS BEEN RECOMMENDED TO BE ACQUIRED ALONG WITH THE 180 LOTS IN UNIT 117. THE JULIAN PROPERTY HAS BEEN TARGETED BUT AT THIS TIME NOT NECESSARILY BEEN PROPOSED TO BE ACQUIRED, SINCE THEY ARE A SMALL PORTION OF A BIG PIECE OF PIE UNDER ONE OWNERSHIP. MR. SHROYER ASKED IF THEY DO TAKE THAT PROPERTY THAT IS ZONED INDUSTRIAL, WILL IT BE REZONED TO P.S.? WHAT IS BOTHERING MR. SHROYER IS THAT WE DO NOT HAVE VERY MUCH INDUSTRIAL PROPERTY ZONED AREA IN THE CITY OF SEBASTIAN. IF THE FISH & WILD LIFE GETS 33 ACRES OF IT, IT PUTS US DOWN TO PRACTICALLY NOTHING. MR. COOPER STATED THE CITY COUNCIL HAS AGREED TO PURSUE THE H.C.P. AND IN ORDER TO PURSUE IT, CERTAIN LANDS WILL BE TARGETED FOR PRESERVATION. MR. FALKE STATED WHEN THIS BOARD RECOMMENDS SOMETHING TO THE CITY COUNCIL, BRUCE HAS TO SIT THERE AND BE THE HONEST BROKER REPRESENTING THE PLANNING & ZONING COMMISSION WHETHER OR NOT HE AGREES WHAT WE ARE RECOMMENDING. HE WONDERED IF IT EVER HAS BEEN PROPOSED IN THE PAST THAT A MEMBER OF PLANNING AND ZONING COMMISSION, WHO HAS VOTED WITH THE MAJORITY ON AN ISSUE, SIT AS A MEMBER OF STAFF IN ORDER TO ANSWER QUESTIONS OF THE CITY COUNCIL. MR. COOPER STATED HE WOULD KEEP THE BOARD'S DIRECTION SEPARATED FROM HIS OPINION. ATTORNEY MATTERS: NONE BUILDING OFFICIAL MATTERS: MR. COOPER BROUGHT UP THE SUBJECT OF PLANTING IN THE RIGHT-OF-WAY. HE WAS TO CHECK WITH THE CITY ENGINEER TO GET HIS POSITION. THE CITY ENGINEER AT THAT TIME DID NOT WANT TO SEE ANYTHING IN THE RIGHT-OF-WAY, SINCE IT WOULD BE EASIER TO MAINTAIN. THE PLANNING & ZONING COMMISSION WANTS THIS eo*� PUT ON THE NEXT AGENDA OF OCTOBER 61 1994 FOR DISCUSSION. f0"IN PLANNING AND ZONING COMMISSION PAGE EIGHT REGULAR MEETING OF SEPTEMBER 15, 1994 MR. COOPER ALSO STATED WE HAVE AN ANNEXATION IN AND THAT WILL BE FORTHCOMING TO THE BOARD. HE WILL BE CONTACTING OUR NEW ATTORNEY TO GET HIS ADVICE ON PROCEDURAL ASPECTS ON IT. MR. FISCHER ASKED WHAT PIECE OF PROPERTY IS THAT. MR. COOPER STATED IT IS ACROSS FROM ST. SEBASTIAN CATHOLIC CHURCH. ADJOURN: MEETING ADJOURNED AT 8:08 P.M. `SEBASTIAN ZONING & 'PLANNING COMMISSION APPROVED�?._. av__ DATE APPROVED SUBJECT TO X, Kc� ia a FORM 8B MEM,ORANDUM OF VOTINCONFLICT FOR COUNTY, MUNICIP.-J., AND OTHER LOCA!,... 'PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ischer, Carl Anthony Sebastian Planning and Zoning Board INC; ADDRESS 523 Cross Creek Circle CITY Sebastian, Florida DATE ON WHICH VOTE OCCURRED September 15th, 1994 COUNTY Indian River WHO MUST F THE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X' CITY ' ' COUNTY i ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: None MY POSITION This form is for use by any person serving at the count, city, or oth council, commission, authority, or committee. It applies equally to me with a voting conflict of interest under Section 112.3143, Florida Stat the use of this particular form is not required by law, you are encou VE .xtPPOINTIVE o��, %A'4 � p a othe'disclosure level of go a nt appointed or elected board, of advisory anonory_bodies who_are.presented he requirements w are mandatory; although seit i ' _ required by law. Your responsibilities under the law when faced with a measure in which you have a Ict 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. (001 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 912.3143, FLORIDA STATUTES r,LECTED 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 -iv --i be.minutes. APPOINTED 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 is 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 INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: to"Mqu should complete and file this form (before making any attempt to influence the decision) with the person responsible for cording 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 should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (1 1• IRM )(11 111.86 PAGE I IF YOU MAKE NO ATTEMPT TO•INFL ;'VCE THE DECISION EXCEPT BY DISCO')ION 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 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the* form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, Carl Anthony Fischer , hereby disclose that on September 15th , 19 94 . (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: by whom I am retained. Indian River Tree Recycling & AZulch Facility came before the Board on a Special Use Permit to use Industrial zoned property for their facility. I am related to the company through family, being the operater of the company is my brother. I feel that the relationship prevents a conflict and enclose this document in accordance with the rules of form 8B. SeptemBer 26th, 1994 Date Filed Signature Carl Anthony Fischer OTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),-A FAILURE TO MAKE ANY REQUIRED :§CLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINQ0 IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I1'. SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE 2