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Home My WebLink About08201992 PZ City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA AUGUST 20TH, 1992 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; OLD BUSINESS; REGULAR MEETING JULY 16th, 1992 LDC CHANGES ON WATERCRAFT NEW BUSINESS: HOME OCCUPATIONAL LICENSE - STEVEN RICE HOME OCCUPATIONAL LICENSE - TREASURE COAST SHUTTLE CONDITIONAL USE PERMIT - CORAL REEF SEAFOOD WAIVER REQUEST SECTION 28-17.2 J-5 SITE PLAN - BARNETT BANK SITE PLAN - ELKS CLUB CONDITIONAL USE PERMIT - TLC PRESCHOOL SITE PLAN - TLC PRESCHOOL ADDITION CHAIRMANS MATTERS; MEMBERS MATTERS; ATTORNEYS MATTERS; BUILDING OFFICIAL MATTERS; ENGINEERS MATTERS: CITY PLANNER MATTERS; ADJOURN NOTE; 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 THE APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF DATE OF ACTION. (286.0105 F.S.) "City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY SEBASTIAN, FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WiLL HOLD A REGULAR MEETING ON THURSDAY, AUGUST 20TH, 1992 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES AUGUST 20, 1992 CHAIRMAN KRULIKOWSKI CALLED THE ME]~TIN(~ TO OP/)ER AT 7:00 P,M. PR]~$ENT~ MR. THOMPSON, MR. FULL]~RTON, .MR. FIRTION, MR, FISCHER, MR. KRULIKOWSKi, MR. SHROYER ABSZNT ~ MR. WAD~;ORTH AND 'MRS. 0 °OONNOR, BOTH ~ESXGNED MRS. KILKELLY, EXCUSED ALSO PRESENT; LINDA KINCHEN, SECRETARY, AND CATHERINE HILTON, CITY PLANNER, BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT ANNOUNCEMENTS; MR. THOMPSON MADE A MOTION TO TAKE OLD BUSINESS AFTER THE NEW SECOND BY MR. FISCHER MR. SHROYER SUGGESTED TO POSTPONE OLD BUSINESS TO THE NE~T. MEETING. MR. FULLERTON SO MOVED, MR. SHROYER MADE THE SECOND ROLL CALL ON THE AMENDMENT PASSED 4-2 THEREFORE NO VOTE WAS REQUIRED ON THE MAIN MOTI. ON. CHAIRMAN ANNOUNCES THAT THE MEETING WILL BE AUTOMATICALLy EXTENDED TO 10:30 P.M. AND THEN iF NECESSARY 'WILL B~ EXTEND~ BEYOND THAT BY MOTION APPROVAL OF MINUTES: JULY 16, 1992 - A MOTION TO APPROVE THE MINUTES AS SUBMITTED BY MR. THOMPSON SECOND MR. FISCHER, PASSED UNANIMOUSLY. HOME OCCUPATIONAL LICENSE - STEVEN RICE 188 MAIN STREET RESIDENTIAL AND COMMERCIAL BURGLAR ALARMS PUBLIC HEARING OPENED AT 7:15 P.M. CLOSED AT 7:15 P.M. NO COMMENT A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR STEVEN RICE WAS MADE BY MR. FISCHER SECOND MR. SHROYER 'PASSED UNANIMOUSLY. HOME OCCUPATIONAL LICENSE - TREASURE COAST SHUTTLE 667.. BAYFRONT TERRACE - FRANK ADDEO SR PUBLIC HEARING OPENED AT 7:20 P,M- CLOSED AT ~:20 P.M. NO COMMENT A MOTION TO APPROVE THE. H~O~L. WAS MADE BY MR. THOMPSON SECOND MR. FISCHER PASSED~-UNANIMOUSLY. COND USE PERMIT CORAL REEF SEAFOOD DIANE ROMANO 1671 US HIGHWAY ~1. MR'[ THOMPSON ASKS HER WHERE SHE WILL BE OPERATING FROM SI~N.CE IT CANNOT BE WITHIN THE COLD STORAGE UNiT SHE STATES THERt~ IS SMALL OFFICE IN BUILDING PLANNING AND ZONIN(~ ~OI~I~ION TWO SHE STATES THEY WILL BE PUTTING AN ADDITION ONTO THE SLAB AND WILL BE CLEANING UP THE AREA CONSIDERABLY. MR. FULLERTON ASKS IF A MINOR SITE PLAN WILL BE SUBMITTED SHE STATES AT A LATER DATE. PUBLIC HEARING OPENED AT 7:80 P.M. CLOSED AT 7:80 P.M. NO COMMENTS A MOTION TO APPROVE THE COND USE PERMIT MADE BY MR. THOMPSON WITH THE CONDITION THAT SHE MUST GET WITH BRUCE COOPER TO SEE IF A MINOR SITE PLAN I'S REQUIRED LATER SECOND MR. FiSCHER iFOR DISCUSSION - SHE HAS NO PROBL]R4WiTH THE MOTION - PASSED UNANIMOUSLY FISCHER ISLAND WAIVER REQUEST - 20A17.2 DESIGN STANDARDS AND 20A18.1(D) OF THE LDO MODIFICATION REQUEST - DR, HENRY FISCHER IS PRESENT TO ANSWER QUESTIONS - CARL FISCHER DECLARES A CONFLICT OF INTEREST ON THIS ITEM AND 'THE TWO FOLLOWING ITEMS AND STEPS DOWN FROM THE BOARD. DR. FISCHER EXPLAINS THE SITUATION AND HOW HE PLANS TO HANDLE THE PROBLEM IN THE FUTURE IF TURNED'OVER TO THE CITY. MR. FULLERTON REITERATES THAT ALL RESIDENTS WILL KNOW THROUGH DEED RESTRICTIONS THAT THIS IS ONLY 15 FEET WIDE AND THEY, WILL BE REQUIRED TO BRING IT UP TO CODE IF TURNED OVER'TO THE CITY AND DR FISCHER STATES YES. A MOTION TO RECOMMEND APPROVAL OF THE TWO 15 FOOT SUSPENSION BRIDGES FOR. FISCHER iSLAND RASED ON DR FISCHERS PRESENTATION AND STAFF COMMENTS MADE:,BY MR. THOMPSON SECOND MR. SHROYER STAFF ASKS THAT TH~ MOTION iNCLUDE THAT THE BRIDGE WILL' BE BROUGHT UP TO CODE iF TURNED OVER TO THE CITY AND MR. THOMPSON AND MR. SHROYER AGREE - MOTION PASSED 5-0 WITH MR. FISCHER DECLARING A CONFLICT OF INTEREST ON THIS MATTER AND NOT VOTING. RECESS CALLED AT 8:00 P.M. BACK AT 8:10 P.M. ALL PRESENT SITE PLAN - BARNETT BANK BUILDING- GHE6SAR GAP SHOPPING CENTER - RANDY MOSBY IS PRESENT TO DISCUSS THE DRAWING RANDY STATES THAT THE INFRA STRUCTUI~S FOR CHESSAR GAP ARE ALL P~RMANENT BASED ON THE CONCEPT PLAN AND THIS WILL BE A CONTINUAL DEVELOPMENT OF THE PUD STATES HAS SUPPLIED THE CITY ENGIN.~]~R WITH A OVERALL PLAN TO MAKE SURE THE DEVELOPMENT PROCEEDS AS APPROVED. RANDY STATES THERE ARE NO WHEEL STOPS BECAUSE THE BANK HAS CHOSEN TO USE A RAISED CURB ALONG THE BOUNDARY AND THEY AR~ ASKING FOR A WAIVER OF WHEEL STOPS TO CONFORM TO FOOD LION AND BECAUSE OF THE CURB. PLANNING AND ZONING COMMISSION REGULAR M~ETING MINUTES AUGUST 20, 1992 PAGE THREE DR. FISCHER STATES H~ IS NOT HAPPY WITH THE DESIGN OF THE BUILDING AS IT DOES NOT CONFORM TO THE REST OF THE DEVELOPMENT. MR. THOMPSON MADE A MOTION TO APPROV~ TH~ SITE PLAN FOR TH~ BARNETT BANK ON LOT 2 PHASE ~ DATED AUGUST 19, 1992 L1 AND A1 AND AS DATED AUGUST STH 1992 SUBJECT TO COMPLIANCE WITH THE LETTER FROM DANIEL C. ECKIS DATED 8-10-92 AND TH~ TRC LETTER OF AUGUST 6, 1992 ALL LANDSCAPED IRRIGATION SYSTEM TO BE APPROVED BY THE CITY ENGiNEER'AND THAT THE EXTERIOR SHALL BE CHANGED TO BE IN HARMONY WITH OTHER DEVELOPMENT, ALSO WHEEL STOPS ARE WAIVED SECOND BY MR. FIRTION PASSED 5-0 MR. FISCHER DID NOT VOTE DUE TO A CONFLICT DECLARED. SITE PLAN SEBASTIAN ELKS CLUB - RANDY MOSBY SUBMITS REVISED DRAWINGS. CHAIRMAN DECLARES A CONFLICT OF INTEREST AND TURNS THE MEETING OVER TO TOMMIE. MR. FULLERTON QUESTIONS IF THIS NEEDs MIXED USE PARKING AND BRUCE STATES NO. HR. FULLERTON ASKS REGARDING HRS LETTER AND BRUCE STATES NOT' REQUIRED THERE IS SEWER AND WATER AVAILABLE. ONLY LETTER WI'LL BE'REQUIRED FOR THE KITCHEN OPERATION NOT THE SITE PLAN APPROVAL. A MOTZON TO APPROVE THZ 8ZTZ PLAN FOR THE 9EBASTIAN ELKS CLUB SUBJECT TO THE FOLLOWING: CITY ENGINEER MEMO OF 8-10-92,~,TRC MEMO OF 8-6-92, MADE BY MR. THOMPSON SECOND MR. FIRTION PASSED 4-0 WITH CHAIRMAN AND MR, FISCHER ABSTAINING FROM 'VOTE DUE TO CONFLICT, COND USE PERMIT FOR TLC PRESCHOOL - HR. FULLERTON LEAVES THE MEETING AT 9:00 P.M. MRS. JUDY TURNER OWNER IS PRESENT TO ANSWER QUESTIONS STATES THEY HAVE 7900 SQ FT OF PLAY AREA AFTER THE ADDITION WHICH IS MORE THAN THE 45 SQ FT REQUIRED. PUBLIC HEARING OPENED AT 9:15 P.M. ONE LETTER OF OBJECTION HAS BEEN RECEIVED FROM OUT OF STATE OWNERS - PUBLIC HEARING CLOSED AT 9:15 P.M. A MOTION TO APPROVE THE COND USE PERMIT FOR LOT 1 BLOCK 448 AT 1899 BARBER STREET FOR TLC WAS MADE BY MR. THOMPSON SECOND MR. FISCHER PASSED UNANIMOUSLY. 5-0. SITE PLAN FOR TLC - JAMES TURNER CONTRACTOR IS PRESENT FOR QUESTIONS - MR. THOMPSON ASKS IF THE PINE TREE CAN BE SAVED' ON SCHUMANN AND IT WAS STATED THEY WOULD LOOK AT IT. A MOTION TO APPROVE THE SITE PLAN SUBJECT TO CITY ENGINEER MEMO DATED JUNE 28 AND 8-20-92, TRC DATED 8-11-92 AND POROUS PARKING IS APPROVED MADE BY MR. THOMPSON SECOND MR. FISCHER PASSED UNANIMOUSLY. NO CHAIRMANS MATTERS, NO MEMBERS MATTERS, NO STAFF MATTERS. MEETING ADJOURNED AT 9: 35 P.M. d3~w~.~ ~~ ' FO,RM 8B MEM AN i M OF VOTING ] ON,FLI T FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF eO^rl~i cOUNCIL, cOM MI~ION~ aUTHOrITY. Or~C~MMITTE~" SI' NAME FIRST NAMIE~- MII)DLE NAME Fischer Carl Anthony MAll.lNG AODRESS ............. 523 Cross Creek Circle crrY COUNTY Sebastian indian River DATE ON WHICH VOT£ OCCURRED August 20th, 1992 Sebastian Planning and Zoning THE mORro, c~UNclL, cOMMIs,~IOI~"ALrr"OelTY ~r COMMII-rEE ON ' wm~ ~ SERVE m a UmT 0~: ~ CITY g COUNTY ~ OTHER L~AI. AGENCY NAME OF ~I.ITICAI. SUBDIVISION: MY POSITION IS: ri ELECTIVE I:~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on anal)pointed or elected board, council, commission, authority, or committe~.'lt applies equally .tO members~of adyi~ry a, nd non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. 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 person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed 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 (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 1.63.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law. a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A 'business associate" .means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing arid whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: ,e ,.You must complete and file this form (before making any attempt to influence the decision) with therperson re~p0nsible~:'for recording the minutes of the meeting, who will incorporate the form. in the minutes. A copy-of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed, CE FORM 8B - 10-91 PAGE IF YOU MAKE NO A You must disclose or~ · You must complete ti the meeting, who m, members of the agenc FTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ~lly the nature of your conflict in the measure .before participating. form and file it within 1:5 days after the vote occurs with the person responsibl~ for- recording the minutes 4 mt incorporate the form in the minutes. A copy of the form must be provided immediately to the other and the form must be read publiclyat the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on Augu$~ 20th Carl Fischer (a) A measure came or inured to my spec _ .. inured to the spec X inured to the spec X inured to the spec whom I am retain inured to the spec will come before my agency which (ch~ck one) al private gain; al gain of my business associate, al gain of my retative, ~e._n_ry A. Fischer algainof San Sebastian Properties, :d; or al gain of is thc parent orgal (b) The measure before My Compan~ the owner~ and can rt also a re; Dare'Flied / ~ization'or subsidiary of a principal which has retained me. my agency and the nature of my conflicting interest in the measure is as follows: Town and Country Realty of Sebastian, Inc. Represents of this Subdivsion and handles the sales of the lots cive special gaits through these sales. The .ative(Father) and and can recieve a special Signature NOTICE: ~UNDER P! DISCLOSURE CONS IMPEACHMENT, RI SALARY, REPRIMA: CE FORM 8B - 1091 Owner is Gain. , 19 92 : , by , which PAGE ~OVISIONS OF FLORIDA STATUTES §I12.317 (1991), A FAILURE TO MAKE':ANY~REQUIRED ¥ITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR ~RE,QF:THE FOLLOWINGj~ iMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT;'D£~ON, REERICTION It qD, OR A CIVIL PENALTY NOT TO EXCEED $5,000. " FC RM :8B M NDUM OF VOTIN$ MA,US~; ^I~I~Re, SS 523 Coss Creek Ci~.ele CITY Sebastian DATE ON WH ICH VOTE OCCUR R E D COUNI~ Indian River August 20th, 1992 THE BOARD. COUNCil.. COMMI~;!ON, AUTHORITY OR COMMITYEE ON WHICH I SERVE iS A UNiTOF: ]0 CITY n COUNTY 0 OTHER LOCAl. AGENCY NAME OF POI.ITICAL SUBDIVISION: ' MY POSITION IS: o ELECTIVE ~ APPOINTIVE' WHO MUST FILl FORM 8B 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 committe~ 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. 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 $TATLITES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited frOm knowingly voting on a meaiure which inures to the special gain of a principal (other than a government agency) by whom he is retai~ (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. you must disclose the nature of the conflict before making any attempt to influence the deCision, whether orally or in writing a whether made by you or at your direction.' IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING A~ WHICH THE VOTE WL~ BE TAKEN: You must comPlete and file this form (before making any .attempt to influence the decisiOn) with' the per, oaf:responsible for recording the minutes of the meeting, Who will incorporate the form in the minutes. · A copy of the form must be provided immediately to the Other members of the agency. · The form must be read publicly at the next meeting after the. form is filed. CE FORM 8B - 10-91 PAGE I iF YOU MAKE NO A1 You must disclose oral You must complete th, the meeting, who mu: members of the agenc) Carl Fischel I. (a) A measure came or n inured to my speci~ inured to the speci; ~ inured to the speci; X inured to the speci; whom [ am retaine inured to the speci~ is the parent organ (b) The measure before My Company Sebastian The Elks L action. TEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE ME~ING: ly the nature of your conflict in the measure before participating. form and file it within 15 days after the vote occurs with the person responsible for recording the minutes t incorporate the form in the minutes. A copy .of the form must be provided, immediately to the othe: and the form must be read publicly at the next meeting after the form is filed. A~.g..ust 20th - ~ 19 92 : DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclo~ that, on fill come before my agency which (check one) private gain; gain of my business associate, gain of my relative, gainof Sebastian General ; or ~1 gain of ration or subsidiary of a principal which has retained me. [ ; R;~P- ' · , by ny agency and thc nature of my conflicting interest in the measure is as follows: Town and Country Realty of Sebastian, Inc. Represente~ ;eneral Partnership, BFT., ~n the sale of the parcel t9 ~dge in Sebastian and received a Special Gain in the t~ans- , which August 20'61 , 1992 Date Filed NOTICE: UNDER Pl~ DISCLOSURE CONS' iMPEACHMENT, RE SALARY, REPRIMA1 .~E FORM 8B - 10-91 Signature c /' FITUTES GROUNDS FOR AND MAY aE PUNISHED BY ONE OR MORE OF THE FOLLOWINGis~k MOVAL OR SUSPENSION-FROM oFFiCE O'R EMPLOYMENT, 'DEMOTION, REDUCTION ~D, OR A CIVIL PENALTY NOT TO EXCEED $5,000. ' PAGE 2 8B MEM -1 COUNTY, MUNICIPAL, AND OTHER 'LOOAL PUBLiO OFFiOER$ I LAST NAME- FIRST NAME --MIODL~ ~IAME ..... NAM~ OF ~ ~RJNCIL C~M~lOIq, AUTIIORIT~. Ol~ ~OMMI'I'TEE ...... Krulikowski, Stanley MAILING ADDRESS 482 Azine Terrace ' Sebastian, Fi 32958 DATE ON WHICH VOTE OCCURRED 8-20-92 Jr Planning and Zoning Commission THE BOARD, COUNCiL COMMISSION, AUTHORITY OR COMMITFEE ON WHICH I SERVE IS A UNIT OF: 13~ CITY rt COUNTY O OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: ...City of Sebastian MY ~O~moN I~ ri ELECTIVE I~ APPOINTIVE WHO MU~T FILE FORM 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 ate presented with a voting conflict of interest under Section 112.3143, Florida Statutes. 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 A person holding elective or appointive county, municipal, or other local public olT~e MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowinsly voting on a measure which inures to the special gain of n principal (other than a government agency) by whom he is retained (including the parent orgnnization or subsidiary of a corporate principal by which he is retained); to the special private ~nin of a relative; or to the speelnl private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughmr, husband, wife, father-in-law, mother-in-' law, son-in-law, and daughter-in-law. A "business associate" means any person or .entity engaged in or carrying on a business enterprise with the officer as a panner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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 absmining from voting:, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible f°r' recording the minutes of the meeti~ng, who should incorporate the form in the minutes. Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and Whether made by you or at your direction. IF YOU INTEND TO MAKE ANY A'ITEMPT TO iNFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH E VOTE WLL BE TAKEN: must complete and file this form (before makinl any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will ineotpomta the form in the minutes, · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 PAGE IF YOU MAKE NO A'I'F;MPT CUSSiON ATTHE MEETiNG: You must disclose orally You must complete the f the meeting, who must members of the a~ency,; (a) A measure came or will x,xx inured to my special inured tothe special ~ inured to the special inured to the special whom ! am retained: __ inured to the special is the Parent organiz (b) The measure before my draf I was the ar the nature ol~your conflict in the measure before participating. ~rm and file it within 15 day~ after the vote occurs with the person responsible for reeordintl the minutes~.~ incorporate the form in the minutes:. A copy of the form must he provided immediately to the otl~ nd the form must 'be read IRtbliely at the next meeting after the form is filed. DISCLOSURE 'OF LOCAL OmCER'S INTEREST Date Filed I NOTICE: UNDER PRO'V DISCLOSURE CONSTIT IMPEACHMENT, REM( SALARY, REPRIMAND FORM 8B- 10-91 , hereby disclose that on ., 19__: come before my agency which (check one) ~rivate gain; ~in of my business associate, ain of my relative, ~nin of Dr , by ain of ~ion or subsidiary of a principal which has retained me. , which agency and the nature of my Conflicting interest in the measure is as follows: t~n fOr the ~nltect of record on the project. (Sebastian Elks CLub) ISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRFaih LITES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE' OF THE FOLLOWI~ )VAL OR SUSPENSION FROM OFFICE.OR EMPLOYMENT, DEMOTION, REDUCTION iN OR A CiViL PENALTY NOT TO EXCEED :i5,000. PAGE : FORM 8B 'OF VOTING --N- LICT FOR -- COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICe,RS Fischer, Carl An%bony Sebas%ian Plannin~ and 'Zoning MAll.lNG ADDRESS THE BOARD. COuNCIl.. COMMISSION. AUTHORITY OR COMMIITEE ON 523 Cross Creek Circle CITY COUNI~ Sebas%ian Indian River DATE ON WHICH VOTE OCCIJRRED Augus% 20%h, 1992 WHICH I SERVE IS A UNIT OF: CJ~ CITY [] COUNTY C~ OTHER LOCAl. AGENCY NAME OF I:OI.ITICAI. SUBDIVISION: MY POSITION IS: [] ELECTIVE ~ APPOINT!YE WHO MUll' FILE FoRM 8B 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. 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 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed 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 (including the:parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the speoial private gain of a business associate. Commissioners of community r~development agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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 TItlE 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. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: . · You must comPlete and file this form (before making any attempt to influence the decision) with the' persoll responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of thc form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 PAGE IFYOU MAKE NO A1 You must disclose ora You must complete th thc meeting, who mu members of the agenc! I, Carl Fischer (a) A measure came or, inured to my sPeci. inured to the specil inured to the speci~ .X inured to the specil whom I am retaine inured to the speci~ is the parent organ (b) The measure before My Company 'FEM PT TO ,I.N FLU ENCE THE DECISION. EXCEPT BY DISCUSSION AT TH E MEETII~G: fly .the nature of your conflict in the measure before participating. form and file it within 1:5 days after the vote occurs with the person respomi ,I ~.~. ROt,fete ',riling the minutes tt incorporate tbe .form in the minutes. A copy of the form must be provid~l immedia~ly Io the other and thc form mu~t I~ read publicly at tbe next meeting after the form is fik, d.. DISCLOSURE OF LOCAL OFFiCER'S iNTEREST · hereby disclose that on viii come before my agency which (check one) d private gain; d.gain of my business associate, ti gain of my relative, . ............. ,1 gain of Sebastian .Gen.~.ca]_Par~nership. BIT d; or gain of AUgust' 20ti{¥ ,19 92 ,ation or subsidiary of a principal which has retained me. ty agency and the nature of my conflicting interest in the measure is as follows: - , which town and Country Rea.lby of Sebastian, Ine., Repr-es..ents Sebastian G and can rec August 20th, 1! Date Filed ~neral Partnership, BFT., in Real Estate Transactions eve a special gain from %his site plan with Barnett Bank. 92 NOTICE: UNDER PR DISCLOSURE CONS~ IMPEACHMENT, RE SALARY, REPRIMA1~ FORM 8B - 10-9l OVISIONS OF FLORIDA STATUTES~§iI2,317 (1991), A FAILURE TO MAKE:ANY REQUIRED 'ITUTES GROUNDS FOR AND MAY'ltiE' PUNISHED BY ONE OR MORE OF THE FOLLOWIN0~mI, L MOVAL OR SUSPENSiON FROM OFFiCE:OR EMPLOYMENT, DEMOTION, REDUCTION 1~ D, OR A CIVIL PENALTY NOT TO:EXCEED $5,000. ~ PAGE 2