HomeMy WebLinkAbout06031992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA
SEBASTI CITY C0 ClL
WORKSHOP MEETING
WEDNESDAY, JUNE 3, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS (ADDITIONS AND/ORDELETIONS)
5. ANNOUNCEMENTS
6. PUBLIC INPUT ON AGENDA ITEMS
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
92.177
CONSENT AGENDA Ail items on the consent agenda are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
consent agenda items unless a member of City Council
so requests; in which event, the item will be removed
and acted upon separately.
Request for Yacht Club - Party - 6/14/92 - 2 p.m.
to 5 p.m. - A/B - Security Paid (Application,
Driver's License)
92.178
Ando Building Corporation - Request for Specimen
Tree Removal - Two Pine Trees - Lot 2, Block 446,
Sebastian Highlands, Unit 17 (Staff
Recommendation dated 5/26/92, Application,
Survey)
8. WORKSHOP ITEMS
92.167
Laura Jackson House (Staff Recommendation dated
5/28/92, Tree Survey)
92.149
Proposed Youth Center - Ad3acent to Barber Street
Sports Complex (Staff Recommendation dated
5/27/92, Proposed Layout)
92.179
Henry A. Fischer - Request for Special Use Permit -
Mulching and Burn Site (Staff Recommendation
dated 5/28/92, Application, Cooper Letter dated
5/12/92, Fischer Letters dated 5/11/92 and
5/18/92, P & Z Memo dated 5/27/92)
92.180/
91.136
Riverfront District Status Report (Staff
Recommendation dated 5/28/92, Report Under
Separate Cover)
92.181
Airport Manager Ordinance (City Attorney Opinion
Letter dated 5/27/92 w/ Attachments)
9. MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
B. Mr. Frank Oberbeck
C. Mrs. Carolyn Corum
D. Dr. Peter R. Holyk
E. Mr___a. George G. Reid
10. CITY ATTORNEY MATTERS
11. CITY MANAGER MATTERS
12.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
13. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) 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. (286.0105 F.S.)
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
May 29, 1992
Mayor Powell, City Council Members, City Manager
Kathryn M. O'Halloran ~
City Clerk
92.177 - Request for Yacht Club - Party - 6/14/92
- 2 p.m. to 5 p.m. ~ A/B - Security Paid
In light of the fact that this party is a surprise baby shower,
we have been requested not to divulge the permittee's name over
the air or on the written agenda.
Thank you for your cooperation.
sam
Name o. Renter/Org.ni.ation--3O~,-~ %-~-,~
/
Requeet,d Dste ,..~,'~q.~ t q
P~ease ans~e~ YES or NO:
1) Are k~chen fac~li~e, required?
2) Are you a resident of Sebastian?
W~11 8accretions be
4) W~11 ~here be ~n e~m~ssion or ~r ch~rge~
(b) l~ alcohol is to be se~ed, pe~i~eion ~$ required by ~he
Ci~ ~uncil. Your request will be presented ~o Council
Amount of Rental ~.
Security Deposit: ~Total ~ental=
Name of Pe~ittee: ~ ~
Make oheck~ p~yable ~o= CZ~ OF SEBASTIAN
APPROVED/DISAPPROVED
Cit~ Clerk
TO BE FIbbED IN BY CITY CLERK'S OFFICE
Security Deposit paid on ~-~-~dste) in the amount of
initial ~
Rental Fee paid on (date) in the amount of
b~ Check # ....... o~ Cash
initial
Alcoholic Beverage Request beard st the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meeting on
.(date). Request APPROVED/DENIED.
Key Pickup Date Key Return Date
Security Deposit returned by City Check #
amount of on
Amount kept fo~ damages (if sppli~ble}.
\ws-form\rentspp revised 3/3/92
in the
(date).
"),2, i 71
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FROM ANDO BUILDING CORPORATION
Approved For Submittal By:
City Manager
Agenda Number: ¢~' /' '~
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
5/26/92
6/10/92
Application for Tree Removal dated
05/26/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of May 22,
1991, the City of Sebastian Building Department requires a tree removal
permit to be obtained prior.to removal of trees. The applicant, Ando
Building Corporation, is requesting removal of two specimen trees on a
property at 139 Filbert Street (Lot 2, Block 446, Sebastian Highlands Unit
17). The trees are located in the proposed location for the house and the
drainfield.
RECOMMENDED ACTION
Move to approve the removal of two pine trees over 20 inches in diameter
located on Lot 2, Block 446, Sebastian Highlands Unit 17.
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
STREET ADDRESS:
LOT NO.: _____~__
SUBDIVISION:
CONTRACTOR:
ADDRESS: ~ ~. ' ,~'}~
SUB-CO TRACTOR:
PHONE: ~* g-
BLOCK NO.: No.:
ZIP:
R~-ASON FOR THE PERHIT:/~-~/')/~L ~ ~-~'~
O NER PROVE T :
I certify that all the foregoing information is accurate and
that all work will be done in compliance with the Land /~'
Development code ( Article XiV ) ~
1. On a survey, locate all specimen trees (20 inch
diameter or more). Indicate which trees to be
removed and/or relocated. Indicate the species of
each tree. All specimen trees (20 inch diameter or
more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
2. Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
Office Use Only
SITE INSPECTION BY: ~
APPROVED FOR PERMIT: YES: NO:
MUST OBTAIN CITY COUNCIL APPROVAL: YES:
IF YES, DATE OF CITY COUNCIL APPROVAL:
NO:
SKETCH OF SURVEY
~ BUILDING CORPOP, AT~ON
~ IN ~T ~ 8, P~ 46 ~B~C ~ OF I~I~ RI~ ~, ~RI~,
~ 30, ~P 31~,
UNiT
VA(ANT
WALTER L. MOYEla
1789 CN~OVA ST. S.E, iff
PALH ~Y, FLORIDA 32909
WALTER b MOYE~
REndERED
~ATE OF FLORIDA
In.Jl~'J# ~D
Scale 1" - ~"'
Reviae~
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT=
STAFF'S REPORT REGARDING THE
LAURA JACKSON MOUSE
Approved For Submittal By:
City Manager ,~~
)
)
)
)
)
)
..~ )
)
)
)
)
)
Agenda Number:
Dept. Origin: Community Development...~
(BC
Date Submitted: L .. 05/28/92
For Agenda Of:
06/03/92
Exhibits:
1. Tree survey for the old Police
Station site
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of May 13, 1992, the City Council reviewed the
request from Rene VanDeVoorde to relocate the Laura Jackson house within
the City limits. City Council directed staff to review the possibility
of locating the structure directly east of the Teen Center.
Staff has prepared a site plan indicating the Teen Center building and all
oak trees located within the boundaries of the City owned property. Staff
has also indicated two possible locations for the building but, staff
still has several concerns regarding the following:
1. Though the footprint of the building clears the trunk of the trees and
meets the required setbacks, staff is still not sure how many tree
limbs would have to be trimmed to accommodate the height of the second
story portion of this building. The overall height of the building is
approximately 22 feet. This does not take in account the extra height
the building would have while being transported and setup.
2. Even if this building can fit within the canopy of the oak trees, the
building footprint will most likely be located over existing root
systems of the trees which could place the trees in shock and be
detrimental to the future growth of the trees.
RECOMMENDED ACTION
Review staff's report.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT:
STAFF'S REPORT REGARDING THE
PROPOSED YOUTH CENTER
Approved For Submi~
City Manager
Agenda Number:
Dept. Origin: Community Devel.o_pment,,
Date Submitted:
For Agenda Of,
Exhibits:
05/~,,7/92
06/e~/92
Maps of Proposed Layout
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED,
SUHHARY STATEMENT
At its regular workshop meeting of May 6, 1992, the City Council reviewed
the request from Richard Holbrook to utilize the building and land located
at 1121 Barber Street for the purpose of opening a youth center and gym.
City Council request staff to evaluate the condition of the building and
review the city's liability.
Staff has prepared a site plan indicating the existing location of the
building and fenced area and a floor plan of the existing building. Mr.
Holbrook has provided a preliminary sketch indicating the floor layout of
the building and other items to be placed in the fenced area.
The City Engineer and myself conducted a structural inspection of the
building and have determined that the structural integrity of the building
is intacted but. we would recommend an independant structural engineer's
certification regarding the repairs that were made after a fire and
review the steel beams that have appearance of corrosion.
The Fire Inspector, Lt. Jeff Diggs, and myself have conducted a basic
review of the proposed use and building type and our comments are as
follows:
Plans and specifications for the remodeling and alterations shall be
sealed by a registered architect.
A second means of egress shall be provided in the rear of the
building.
Page 2
3. Ail exit doors shall be equipped with panic hardware.
4. Emergency lighting and exit signs shall be provided.
Two fire extinquishers (2A-10BC) shall be provided.
A permit or letter of non-objection from the Health and Rehabilitative
Services regarding the septic and well shall be provided. The Health
Department may require the facility to be hooked to the central water
system provided by General Development Utilities.
This building and facility shall be required to meet Florida Statutes
regarding the accessibility for the physically handicapped.
A detailed site plan and survey should be performed indicating all
improvements existing and proposed such as parking. Staff has
indicated (refer to site plan) how this site could accommodate
approximately 66 parking stalls along the north and east sides of the
fenced area. Porous parking could be approve by the Planning and
Zoning Commission.
Discussing the liability issue with Larry Napier, Assistant Finance
Director, it is of his opinion that a lease and proof of insurance should
be required. For this type of activity, a million dollar umbrella policy
would be appropriate coverage.
Review staff's report.
RECOMMENDE,D ACTION
(I
L¥1RLL
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r:] FAX (407) 589-5570
SUBJECTz )
SPECIAL USE PERMIT FOR A BURN SITE )
AND MULCHING CENTER )
Approved For Submittal By:
City Manager
Dept. Origin, Community Development
(Bo
Date Submitted, 05/28/92
For Agenda Of,
06/03/92
Exhibits,
1. Special Use Permit Application
2. Letter dated May 12, 1992 from
Bruce Cooper
3. Letters dated May 11th and 18th,
1992 from Henry Fischer
4. Memo from Planning & Zoning dated
May 27, 1992
EXPENDITURE
REQUIRED,
AMOUNT APPROPRIATION
BUDGETED: REQUIRED:
SUMMARY STATEMENT
Dr. Henry A. Fischer is requesting a special use permit from the City
Council to permit a mulching and burn site for landclearing debris located
at the west end of San Sebastian Springs. This location currently does
have a Preliminary Subdivision Plat and an active mining operation. The
Preliminary Subdivision Plat is due to expire August 1992 which Dr.
Fischer has indicated he will ask for an extension from City Council.
At its regular meeting of May 21, 1992, the Planning and Zoning Commission
reviewed the special use permit request from Dr. Henry A. Fischer and
unanimously recommended to the City Council to approve the request.
RECOMMENDED ACTION
Review the request from Dr. Henry A. Fischer.
APPLICATION FOR SPECIAL USE PERMIT
In accordance with Section 20A-2.6, hand Development Code, the
City Council may, in its sole discretion, grant a special use
permit in any district for a use which is not provided for in the
zoning regulations. Ail such uses shall not be otherwise
illegal, and shall not be specifically prohibited pursuant to the
comprehensive plan or other applicable law or regulations.
The City Council shall not grant any special use permit under
this section, unless it shall make findings based upon the
evidence presented to it in each case thatt
1) The granting of the permit will not be detrimental to the
public safety, health or welfare ct be injurious to
other properties or improvements within the immediate
vicinity in which the property is locatedl and
2) The use requested is consistent with the purpose and
intent o[ the £espective district, and can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district.
The fee for a special use permit is $150 (established by
Resolution No. R-88-09). In addition the applicant must provide
the City Clerk's office with a list o£ the surrounding property
owners within a 200' radius of the subject property along with
the appropriate certified return receipt mailing fee Icuttently
$2.20 for U.S. mailing).
NAME OF APPLICANTi Henry A. Fischer
ADDRESS OF APPLICANTt' 10729 US-I, Sebastian, Fl. 32958
APPLICANT PHONE ~i 407-589-3159
ADDRESS OF SUBJECT PROPERTYs See Exhibit '~", Corner of CKS,0
and CR512~ San Sebastian West Site Plan
LEGAL DESCRIPTION OF SUBJECT PROPERTY~
Tax ID= 23-31-38-00000-3000-00003.0
See Exhibit "B"
ZONING OF ~UBJECT PROPERT~
REASON FOR REQUEST FOR SPECIAL USE PERMiTi Stump
Mulchine wood in order ~o reduce the amount of burnine reouired
for land clearin~ debris bY forced air combustor.
THE BUILDING OFFICIAL NAY R~QUIRE ADDITIONAL BACKUP INFORMATION
FOR CERTAIN I~EQUESTS
/S~g~a~¥re of Appl~'~nt
Henrs~A. Fischer, Jr.
b ~ specuse, app
Date 4/15/92
"EXHIBIT A"
BECOFTO VERIFI£O
JEFf;BEY K. BARTON
CLERK CtfiCtJIT COIJ/11~
...J
C.~
DOCUMENTARY ST~,MPS t · ~ ~
loth d~ ~ Aprtl , A,D. tt92 , by
Indian RI~r ,8~ ~ Ftort~ , ~t:
~rt~St ~ of ~rt~st ~ of ~ctton 23, T~shtp 31 So,h. ~
38 East. Indian Rt~r ~m~. Flort~. ~tatnln9 ~.3 ae~s ~.
S~Ject to the ~basttefl Rt~r ~itn~ Oistrtct Eis~nt as ~Scrtb~d
tn Offtcal ~ 6o~ 112. et Pa~s 665 ~h 6~7 of ~e P~llc
~s of indian Ri~P ~ty. FIOrtM.
SAID P~ERTY iS NOT ~E H~S~ OF ~[ G~T~ .
VICINITY MAP , ~.
N.T.S.
PROJECT
NO. 87- 152
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
Hay 12, 1992
Dr. Henry A. Fischer
P.O. Box 780068
Sebastian, FL 32978
Reference~
Special Use Permit
Dear Henry~
Please 'be advised that your special use permit will be
scheduled for the June 1, 1992 workshop meeting of the City
Council. I have also placed this item on the Planning and
Zoning Commission's meeting of Hay 21, 1992 for any
recommendations.
Staff has the following comments or concerns regarding this
operationt
In your letter dated Hay 11. 1992, you stated this
operation has actually been going on for the last three
years except for the mulching. In a letter from Carl
Fischer dated August 14, 1991. Carl had stated this
operation has been going on for over 5 years. Please
clarify.
Section 20A-5.15(C)(b) states "no operations from any use
shall produce smoke, glare or other visual hazards within
three (3) statute miles of any usable runway of a public
airport". This property and the proposed location is
approximately 2 1/2 miles from the Sebastian Airport.
Please be prepared to indicate how this operation will
not be in violation of this section .of the Land
Development Code.
Since the proposed location is located on the property
known as San Sebastian Springs West which currently has a
Preliminary Subdivision approval, how will these two
operations be working together. Will this mulching and
burn operation be for a specific period of time?
Dr. Henry A. Fischer
May 12, 1992
Page 2
How much traffic would you estimate for this operation.
#ill there be retail or wholesale of this mulch?
Once the special use permit has been granted by City
Council, you will need to obtain an occupational license
from the City Clerk's office·
If you have any further questions concerning this matter,
please do not hesitate to give me a call at 589-5537.
Sincerely.
Director of Community Developmen~
BC/gk
drhfsup.doc
P. O. Box 780068
8el~iian, FIo~da ~2978
Telephone (407) 589~5~7
May 11., 1992
Mr. Bruce Cooper
CITY OF SEBASTIAN
....... P.O..Box '780127 .. "'
......... SeC'as tian ~ Florida 32978-0127
"RE: S.peCiat ;Use Permit - ,West Side of .Sebastian .River
,. · ' ~ '~ :',~ .,.~,;.~'~- .,'..'~ ', .~". ' ..'.,:.'~', .i.'7~ 'i',' ,.,. ~.,'.i". ,:~ ~; ~V: ~il ~,~ .-L.,. ;,i: ,'~, "' ,,,(...L.--...~, .~,. .....
Bruce:: '/:':.ti .... . .~..,,:
As per our telephone c'onvers'at'lon-of this ~a.te. ~lease
..... :~..~ ........ consider .this.my..'.teztex ,of ~ntent'reg.arding the West Side of
::':. .... '."'":~' the sebast:[an":Rtwer, SPecial'"-[ ,..,,:.,,,~" ";'~ .::"~:: '-.-: ,'.:' """
........ .? ~ ,~-.,,~ '~,. ~
...~ The ,~eed.,.,...f.or,, ,thi.s,~!speclal,,use. ,pezmi~- ~v,olves around
.._:.l)/..,?..~e..,need to :use .this land for mulch'lng operation
where we 'create mulch from trees and sell this mat.erial,
The special permit also includes a minor portion'to :be-'
burne~ in an air curtain. The area:twill also include a
tTaile~ which will ba use~ to keep 'track of the number
"'"' ";~:'"'"'.;"'.'~'"' ~,' loadS:::i~f"':materta'l's ~enter~ng an~ ~xitit~$ the ....... "
a r e a. :: '? ,:, .: ,, ...... .: :- .,?'. ".,!,.'.
recycling' .operation
'":'[/:"~:'.' ,','Ct df-Sebastian and :he citizens :o'f-the ~or.th
~ Iud[aa liver Count7 as ~'~ ~ill cut .do~n costs "~ 'haulfng
,~:~:,,,,,, ~ater[als. The only other site
?'" "~ ' ~o~siderab!y South - on Oslo Road'.''
",;'~ .'~:'j'/ ':./,","~:', ~',,'x,;,, . . - .... ,,;.',..,': ", "~'~- ":: ':::
operations has actualI7 been go~ng on ~o: the
last three years with the exception o~ :he mulching operation.
Please proceed with this Special Use Permit in a timely
manner.
Sincerely,
Henry A, Fischer,
President
HAF:sf
Land Clearing · Top Quality Fill
P. O. Box 780068
Sebastian, Florida 32978-0068
(407) 589-3159
May 18, 1992
Mr. Bruce Cooper
CITY OF SEBASTIAN
P.O. Box 780127
Sebastian, FL 32978-0127
RE:
Special Use Permit
Answers to Comments - your May 12, 1992 letter
Dear Mr. Cooper:
Listed below are answers to your comments and concerns
regarding thc special use permit requested for the West
Side of the Sebastian River.
I)
Carl is correct - the operation has been on-
going for the last five years, it was initiated
prior to 1986.
2)
Thc forced air combustion machine provides no
smoke, glare or other visual hazards.
The munching operation will use only a minor
section of the San Sebastian SpriNgs West
property. The forced air combustion machine is
operated only on a minor section.
Traffic exits off County Roads 510/512 and Inter-
state lanes down private road. Estimate of twenty-
five (25) vehicles per day.
5) Yes, we will obtain an occupational license.
If you have any further questions regarding this matter,
please contact me.
HAF:sf
cc: File
Attachments
Sincerely,
Henry A. Fischer,
President
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE; May 27, 1992
TO:
Mayor and City Council
FROM: Planning and Zoning Commission
RE:
Special Use Permit - Henry Fischer
Please ba dvised that this matter came before the Planning
and Zoning Commission on May 21, 1992 and the following
action was taken:
I move that we the Planning and Zoning Conm~ission recommend
to the City council that a special use permit be issued for
the area defined at Sebastian Springs West. This special use
permit is to allow forced air combustion burning and also a
recycling operation to prepare mulch from trees, brush and
stumps, it is our opinion that the criteria established for
Special Use permits as stated in Section 20A-2.6 of the Land
Development Code have been met.
This motion was made by Mr. Thompson seconded by Mr. Lindsey
and passed unanimously.
supfisch.doc
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
RIVERFRONT DISTRICT STATUS REPORT
Approved For Sub~
City Manager
Agenda Number: ~-/~
Dept. Origin: Community Development
Date Submitted: 05/28/92 (BC~
For Agenda Of:
Exhibits:
1. Status Report
06/03/92
2. Master Plan Conceptual Outline
3. Boat Trailer Parking Count
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
As requested by City Council, City staff has prepared a status report
describing the effort to date to establish a unified riverfront district
in the City of Sebastian. Council is herewith provided with the findings,
suggestions, and background materials, including area maps.
RECOMMENDED ACTION
Review the materials provided, and staff recommendations included in the
exhibits. Provide staff further direction and milestone target dates.
Wn.~.~a,~ ~ Gm~
oF COUN~L
FRESE. I~ASH ~ TORPY. P.~
ATTORNEYS AT LAW
930 S. }Lu~oR C~T~' BLVD.
SUITE 505
MELBOURNE, i~LORIDA 32901
(407) 984-3300
FAX (407) 951-3741
T~oN
May 27, 1992
VIA NAND DELIVERY
The Honorable Lonnie R. Powell,
Mayor of the City of Sebastian and
Members of the Sebastian City Council
1225 Main Street
Sebastian, FL 32958
Re:
Airport Manager - Conflict of Interest
Our File No. 92-8215
Dear Mayor Powell and City Council Members:
You have asked me to advise you whether there is a legal
conflict of interest under applicable provisions of Florida law
for the individual employed by the City of Sebastian as the
Airport Manager of the Sebastian Municipal Airport is also
directly or indirectly leasing land at the Sebastian Municipal
Airport from the City of Sebastian pursuant to a written lease
agreement.
In formulating a response to your question, I have reviewed
Section 112.313 of Florida Statutes (1991); Section 3.5-4 of the
Code of Ordinances of the City of Sebastian; CEO 87-69 issued by
the Florida Commission on Ethics to Thomas C. Palmer during his
tenure as City Attorney for the City of Sebastian dated September
16, 1987, and other materials on file with the City Clerk.
Based on my legal research, I am of the opinion that the
Airport Manager does not have a conflict of interest prohibited
by Section 112.313(7) of Florida Statutes (1991). This opinion
is based on the provisions in Section 3.5-4 of the Code of
Ordinances of the City of Sebastian which permits a fixed-base
operator to serve as Airport Manager. Therefore, the provisions
of Section 112.313(7)(b) of Florida Statutes (1991) provide for
an exemption from the restrictions contained in Section
112.313(7) of Florida Statutes (1991).
The Honorable Lonnie R. Powell,
Mayor of the City of Sebastian and
Members of the Sebastian City Council
May 26, 1992
Page 2
I have enclosed with this letter a copy of Section 112.313
of Florida Statutes (1991), a copy of CEO 87-69 and a copy of
Section 3.5-4 of the Code of Ordinances of the City of Sebastian.
Please note that in the event that you decide to amend
Section 3.5-4 to delete an existing fixed-base operator as being
an individual permitted to serve as the Airport Manager, I would
recommend that you first allow the City's special labor counsel,
Jim Linn, to determine the public employment law implications of
such action. I have apprised Mr. Linn of your inquiry into this
matter so that he will be prepared to address any public
employment law questions that you may pose to him.
Very tru~yours,
FRE~~& TORPY,
Poao
CHARLES IAN NASH,
City Attorney
CiN/lcr
Enclosures as stated
cc: Robert S. McClary, city Manager (without copies of
enclosures)
__ . F.S. 1.991 F.$, 1991 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch, 11.~
~ness.
~arking.
~an that consumed at
lees, or tickets to
angements.
pursuant to a pro-
which a fee is nor-
ding the services.
or thing having an
ided for in this sec-
lees, commissions.
rily with the donee's
s reported pursuant
· .rsonal services Im'O-
,/iduals volunteering
or expenditure by a
: related lo an hono.
spouse.
or similar personal-
'~e donee's public,
,ice. "
service or fraternal
courtesy by such
~t a single sitting or-'
Dr public properly,
~ency. for a public
~h (a). 'intangible
as defined in s.
'~eans an interesf
as trustee or other
table or beneficial
-~ to file under this
debt or obligatk~
er person, excepl
accounts, taxel
:e policy owed to
~nt liabilities, or
zed appractatlon.
:lisclosed by s. 8,
~lentify the name
3r indirect owne~.
assets or capital
3urposes of this
~le ownership by
~lving an interest
iiction of the
nt in a business
of employme~l,
office, or management in any business enlify located
within the jurisdiction or doing business within the juris-
diction of the official's agency which is or will be affected
in a substantially different manner or degree fhan the
manner or degree in which the public in general will be
allecled or, if the matter affects only a special class of
I~ersons, lhen affected in a substantially different man-
mr or degree than the manner or degree in which such
class will be affected.
117) 'Ministerial matter' means action that a person
lakes in a prescribed manner in obedience to the man-
dale ol legal authority, without the exemise of the per.
~'s own judgment or discretion as to the propriety of
lbs action taken.
(fa) 'Parties materially related to the complaint at
issue' means any other public officer or employee within
Ihs same agency as the alleged violator who has
e~gsged in the same conduct as that alleged in the com-
plaint, or any other public officer or employee who has
I~rficipated with the alleged violator in the alleged viola.
li0n as a coconspirator or as an aider and abettor.
(19) 'Person or business entitles provided a grant or
I~ivilege to operate' includes state and federally char-
fared banks, state and federal savings and loan associa-
lions, cemetery companies, insurance companies, mort.
gage companies, credit unions, small loan companies,
alcoholic beverage licensees, pari-mutuel wagering
companies, utility companies, and entities controlled by
Ihs Public Service Commission or granted a franchise to
~t~erafe by either a city or county government.
(20) 'Purchasing agent' means a public officer or
e~oloyee having the authority to commit the expendi-
I~e of public funds through a contract for, or the pur-
chase of, any goods, services, or interest in real property
1~ an agency, as oPl~sed to the authority to request or
requisition a contract or purchase by another person.
(21) 'Relative,' unless otherwise specified in this part,
means an individual who is related to a public officer or
~oyee as father, mother, son, daughter, brother, sis-
let, uncle, aunt, first cousin, nephew, niece, husband,
wile, father-in-law, mother-in-law, son-in-taw, daugh-
le~-in-law, brother-in-law, sister-in-law, stepfather,
~lafxnolher, stepson, stepdaughter, stepbrother, step-
~isler, half brother, half sister, grandparent, great grand-
l~etenf, grandchild, great grandchild, step grandparent,
ile~ great grandparent, step grandchild, step great
grandchild, person who is engaged to be married to the
public officer or employee or who otherwise holds him.
~tt o~ herself out as or is generally known as the person
~ the public officer or employee intends to marry or
~lh whom the public officer or employee intends to form
s household, or any other natural person having lhe
· ~e legal residence as the public officer or employee.
(22) 'Represent' or 'representation" means actual
I~hysical attendance on behalf of a client in an agency
Ixoceeding, lhe wrffing of letters or filing of documents
o~ behalf of a client,, and personal communications
mede with the officers or employees of any agency on
behalf of a client.
{23) 'Source' means the name, address, and descrip-
li0~ of the principal business activity ol a person or busi.
ness entity.
(24) "Value of real property' means fhe most recenfly
assessed value in lieu of a more current appraisal.
I'glet~---&.2, ch. 67'-~: sat, 11. 12. Gh, 6~-3~; s, 8, ch. ~-3~;s. 2, Ch 74-17'7;
~I, I~,~ ~ ~t 1o0fl ~ ~ ~ ~
'112.~1~ $~nda~s of ~nduct for public
nnd employes o1
(1) DE~INmON.--As used in this section, unless the
context otheMise requires, the term 'public officer'
includes any ~r~ elected or ap~inted to hold office
in any agent, including any ~rson se~ing on an edvi-
so~ ~y.
(2) SOUCffATION OR ~CEPTANCE OF
~ public offi~r, empl~ of an ageflcy, or ~idate
f~ n~ineti~ or el~t~n shall solicit or accept anything
of va,ue to the recip~nt, i~,uding a gift, loan, re,rd,
p~mise of future empl~nt, favor, or Slice. ba~d
u~ any understanding that the ~te, official action, or
judg~nt of the public offi~r, empio~e, ~ ~ndidate
~uld ~ influe~ thereby.
G) ~l~ B~SI~SS ~H ONE'S ~ENCY.--~
empl~ of an a~n~ acting in his official ce~acity as
a purchasing agent, or public offi~r acting in his omcm[
~pacity. shaft either directly ~ i~irecfiy purchase, rent.
or lease any realty, g~ds. or SlUices for his
agency fr~ any buainees entity of which he or his
s~ or child is an officer, peMner, di~ctor, or propd.
etor or in whic~ such officer or employee or his s~se
or chiJd. ~ any c~blnati~ of them, has a ~terial inter.
est. ~r shall a public officer or e~pl~ee, acting in a
vale ~ci~. rent. le~e. or ~ll any realty, g~s. or
sluices to his ~n agent, if he is a state officer or
emp~ee, or to any ~iti~l su~ivision or any agen~
thereof, if he is se~ng as an o~cer or emp~ee of that
~liti~l su~ivisi~. The fore~ng shall ~t apply to dis-
tdct off,es ~intai~d ~ Mgisletors w~n such offices
are I~t~ in the I~islet~'s place of business or when
such offices are ~ pr~ ~ly or pa~iafiy o~ed by
the legisoft. ~is su~cfion shall ~t affect or ~ c~-
stmed to p~hibit ~ntracts enter~ into prior
(b) ~allfl~tion f~ el~ti~ o~ce.
(c) Ap~nt~nt tO pu~ic offal.
(d) ~ning ~blic empl~ment.
(4) U~OR[ZED COMPENSATION.~ ~ublic
officer or employ~ of an age~y ~ his sp~se or min~
child shall, at any time. accept ~y c~pen~tion, pay-
ment, or thing of value when such public officer or
employ~ knows, ~. ~th the exercise of reasonable
care. should know. that it was given to influence a vote
or other action in which the officer or employee was
~x~cted ~o ~rticipate in his offic~a~ capecity.
(5) SALARY AND EXPENSES.--No public officer
shall M ~roh~bited from voting on a matter affecting his
salad, ex~nses, or other c~pensetion as a public offi-
cer. as provided by law.
(6) MISUSE OF PUBLIC POSITION--No public offi-
cer or employee of an agency shall c~rupfiy use or
attempt to use his official ~sition or any ~ro~rty or
655
Ch, 112
resource which may be within his trust, or perform his
official duties, to secure a special privilege, benefit, or
exemption for himself or others. This section shall not be
construed to conflict with s. 104.31.
(7) CONFLICTING EMPLOYMENT OR CONTRAC.
TUAL RELATIONSHIP._
(a) No public officer or employee of an agency shall
have or hold any employment or contractual relationship
with any business entity or any agency which is subject
to the regulation of, or is doing business with, an agency
of which he is an officer or employee, excluding those
organizations and their officers who, when acting in their
official capacity, enter into or negotiate a collective bar-
gaining contract with the state or any municipality,
county, or other political subdivision of the stale; nor
shall an officer or employee of an agency have or hold
any employment or contractual relationship lhat will
create a continuing or frequently recurring conflict
between his private interests and the performance of his
public duties or that would impede the full and faithful
discharge of his Public duties.
1. When the agency referred to is that certain kind
of special tax distdct created by general or special law
and is limited specifically to COnStructing, maintaining,
managing, and financing improvements in the land area
over which the agency has jurisdiction, or when the
agency has been organized pursuant to chapter 298,
then employment wilh, or entedng into a contractual
relationship with, such business entity by a public officer
or employee of Such agency shall not be prohibited by
this subsection or be deemed a conflict per se. How-
ever, conduct by such officer or employee that is prohib-
ited by, or otherwise frustrates the intent of, this sectiOn
shall be deemed a conflict of interest in violation of the
standards of cOnduct set forth by this sectiOn.
2. When the agency referred to is a legislative body
and the regulatory power over the business entity
resides in another agency, or when the regulatory power
which the legislative body exercises over the business
entity or agency is atdctly through the enactment of laws
or ordinances, then employment or a contractual rela-
tionship with such business entity by a public officer or
employee of a legislative body shall not be prohibited by
this subsection or be deemed a cOnflict.
(b) This subsectiOn shall not prOhibit a public officer
or employee from practicing in a particular professiOn or
occupation when Such practice by persons holding Such
public office or employment is required or permitted by
law or ordinance:
(8) DISCLOSURE OR USE OF CERTAIN INFORMA.
TION.--No public officer or employee of an agency shall
disclose or use information not available to members of
the general public and gained by reason of his official
position for his Personal gain or benefit or for the per-
sonal gain or benefit of any other person or business
entity.
(9) POSTEMPLOYMENT RESTRICTIONS; STAND-
ARDS OF CONDUCT FOR LEGISLATORS AND LEGIS.
LATIVE EMPLOYEES.--
(a)l. I1 is the intent of the Legislature lo implement
by statute the provisions of s. 8(e), Art. II ot the Slate
Constitution relating to legislators, stalewide elected
officials, and designated public employees.
PUBLIC OFFICERS AND EMPLOYEES- GENERAL PROVIS
IONS F.S, 1991
2. AS used in this paragraDh:
a. "Employee' means:
(I) Any person employed in the executive branch of
government holding a Dosition in the Senior Manage-
ment Service as defined in s. 110.402 or any Derson
holding a Dosition in the Selected Exempt Service as
defined in s. 110.602 or any Demon having authority over
policy or procurement employed by the Department of
the Lottery.
(11) The Auditor General, the Sergeant at Arms and
Secretary of the Senate, and the Sergeant at Arms and
Clerk of the House of Reprasenlatives.
(111) The executive director of the Advisory Council on
Intergovernmental Relations and the executive director
and deputy executive director of the Commission on
Ethics.
(iV) An executive director, staff director, or deputy
staff director of each joint committee, standing commit.
tee, or select committee of the Legislature; an executive
director, staff director, executive assistant, analyst, or
attorney of the Office of the President of the Senate, the
Office of the Speaker of the House of Representatives.
the Senate Majority Party Office, Senate Minority Party
Office, House Majority Party Office, or House Minority
Party Office; Or any berson, hired on a contractual basis.
having the l:X)Wer normally conferred upon such per.
sons, by whatever title.
(v) Any person having the power normally conferred
upon the positions referenced in this sub-
subparagraph.
b. 'Officer' means any member of the Legislature or
a statewide elected officer.
3. No member of the Legislature or statewide
elected officer shall personally represent another perso~
or entity for compensation before the government body
or agency of which the individual was an officer or mem.
bet for a period of 2 years following vacation of office.
No member of the Legislature shall personally represenl
anolher person or entity for compensation during his
term of office before any state agency other than judicial
tribunals or in settlement negotiations after the filing of
a lawsuit.
4, No agency employee shall personally represent
another person or entity for comDensetion before the
agency with which he wes employed for a period of
years following vacation of position, unless employed by
another agency of state government.
5. Any Derson violating this paragraph shall be sub-
ject to the Densities DrOvided in s. 112.317 and a civil
penalty of an amount equal to the compensation which
the person receives for the Prohibited conduct.
6. This paragraph is not applicable to a person
employed by the Legislature or other agency prio~
July 1, 1989, or Dersons who have reached normal relire.
ment age as defined in s. 121.021(29), and who have
retired under the provisions of chapter 121 by July 1.
1991.
(b) In additiOn to the provisions of lhis part which
applicable to legislators and legislative employees by
virtue of their being I:)ublic officers or emDioyees.
conduct of members of Ihs Legislature and legislative
employees shall be governed by the ethical standarris
656
f..~. ~gl PUBLIC OFFICERS AND EMPLOYEES;. GENERAL PROVISIONS Ch. 112
~ov~lecl in the respective rules of the Senate or House
;i Representatives which are not in conflict herewith,
(c) No lull-time legislative employee shall be other-
~ employed during the regular hours of his primary
ar. cupation, except with the written permission of the
I~Sacling olficer of the house by which he is employed,
I~d with the Clerk of the House of Representatives or
,~ the Secretary of the Senate, as may be appropriate.
Employees of joint committees must have the permis-
~n of the presiding officers of both houses. This sub-
t~cl~on shall not be construed to contravene the restric~
~ bi s. 11.26.
{10) EMPLOYEES HOLDING OFFICE.--
(a) No employee of a state agency or of a county,
municipality, special taxing district, or other political
a~division of the state shall hold office es a memper of
m governing board, council, commission, or authority,
I~ wtuaever name known, which is his employer while,
a ~ same time, continuing as an employee of such
employer.
ih) The provisions o! this subsection shall not apply
lO any person holding office in violation of such provi.
a0ns on the effective date of this act. However, such a
person shall surrender his conflicting employment prior
10 seeking reelection or accepting reappointment to
(11) PROFESSIONAL AND OCCUPATIONAL LICENs-
~ BOARD MEMBERS.--No officer, director, or admin*
,slraot of a Florida slate, county, or regional professional
= occupational organization or association, while hold-
,ag such position, shall be eligible to serve as a memper
01 a state examining or licensing board for the profession
~ occupation.
(12) EXEMPTION.~The requirements of subsections
(3) an(] (7) as they pertain to persons serving on advisory
Ix~ls may be waived in a particular instance by the
D0cly which appointed the person to the advisory board,
upon a lull disclOsure of the transaction or relationship
101he appointing body pdor to the waiver and an affirma.
,ye vote in favor of waiver by two-thirds vote of that
ix:dy. In instances in which appointment to the advisory
i~ard is made by an individual, waiver may be effectect,
alte~ public hearing, by a determination by the appoint.
~ person and full diSclosure of the transaction or rele-
lens~p by the appointee to the appointing person. In
addiUon, no person shall De held in violation of subsec-
mn (3) or subsection (7) if:
(a) Within a city or county the business is transacted
under a rotation system whereby the business transec-
[ens are rotated among all'qualified suppliers of the
goods or services within the city or county.
(1~) The business is awarded under a system of
sealed, competitive bidding to the lowest or best bidder
1. The official or his spouse or child has in no way
participated in the determination of the bid specifica-
I~ns or the determination of the lowest or best bidder;
2. The official or his spouse or Child has in no way
used or attempted to use his influence to persuade the
agency or any personnel thereof to enter such a contract
0lher than by the mere submission of the Did; and
3. The official, prior to or at the time of the submis-
a0n bt the bid, has filed a slalemenl with the Depart-
ment of State, if he is a state officer or employee, or with
the supervisor of elections of the county in which the
agency has its principal office, if he is an officer or
employee bt a political sul:~ivision, disclosing his inter.
est, or the interest of his spouse or child, and the nature
of the intended business.
(c) The purchase or sale is for legal advertising in a
newspaper, for any utilities service, or for passage on a
common carrier.
(d) An emergency purchase or contract which would
otherwise violate a provision of subsection (3) or subsec-
tion (7) must be made in order to protect the health,
safety, or welfare of the citizens of the state or any politi*
cai subdivision thereof.
(e) The business entity involved is the only source
of supply within the political sutx:livision of the officer or
employee and there is full disclosure by the officer Of
employee of .his interest in the business entity to the
governing body of the political subdivision prior to the
purchase, rental, sale, leasing, or other Duainess being
transacted.
(f) The total amount of the transactions in the aggre-
gate between the business entity and the agency does
not exceed $500 per calendar year.
(g) The fact that a county or municipal officer or
member of a public board or body, including a district
school officer or an officer of any district within a county,
is a stockholder, officer, or director of a bank will not bar
such bank from qualifying as a depository of funds com-
ing under the jurisdiction of any such public board or
i:~:ly, provided it appears in the records of the agency
that the governing txidy of the agency has determined
that such officer or member of a public board or Docly
has not favored such bank over other qualified peaks.
(h) The transaction is made pursuant to s. 240.229
or s. 240.241 anct is specifically approved by the presi-
dent and the Chancellor. The Chancellor shall submit to
the Governor and the Legislature by March I of each
year a report of the transactions approved pursuant to
this paragraph during the preceding year.
(i) The public officer or employee purchases in a pri-
vate capacity goods or services, at a price and upon
terms available to similarly situated members of the gen-
eral public, from a business entity which is doing busi-
ness with his agency.
(j) The public officer or employee in a private capac-
ity purchases goods or services from a business entity
which is subject to the regulation of his agency and:
1. The price and terms of the transaction are avail-
able to similarly situated members of the general public;
and
2. The officer or employee makes full diSclosure of
the relationship to the agency head or governing bo~y
prior to the transection.
(13) COUNTY AND MUNICIPAL ORDINANCES REG-
ULATING FORMER OFFICERS OR EMPLOYEES.--The
governing body of any county or municipality is author-
ized to adopt an ordinance providing that no county or
municipal officer or employee shall personally represenl
another person or entity tot compensation before the
government body or agency of which the individual was
an officer or employee for a penoa of 2 years following
vacation of office or termination of employment, except
657
Ch. 112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS F.S. 1991
for the purposes of collective bargaining. Nothing in this
section shall be construed to prohibit such ordinance.
(14) ADDITIONAL EXEMPTION.tNo elected public
officer shall be held in violation of subsection (7) if the
officer maintains an employment relationship with an
entity which is currently a tax-exempt organization
under s. 501(c) of the Internal Revenue Code and which
contracts with or otherwise enters into a business rela-
tionship with the officer's agency and:
(a) The officer's employment is not directly or indi-
rectly compensated as a result of such contract or busi-
ness relationship;
(b) The officer has in no way participated in the
agency's decision to contract or to enter into the busi-
ness relationship with his employer, whether by partici-
pating in discussion at-the meeting, by communicating
with officers or employees of the agency, or otherwise;
and
(c) The officer abstains from voting on any matter
which may come before the agency invclving the offi-
cer's employer, publicly states to the assembly the
nature of his interest in the matter from which he is
abstaining, and files a written memorandum as provided
in s. 112.3143.
Hletmlr.~B. 3. Ch, rf.-4~: s. 2, eh, ~9,-335: ~. tO. 35. eh, ~.-~06; S. 3. Ch.
74-177; I~. 4. 11. ch. ?~-:~0e; 8, 1. ~tt, T/-i74; 1. I. ch. T'/...a4~ 8, 4. (~. 82-~; a.
~112.31~ Restriction on employment of relatives.- (1) In thJs section, unless the context otherwise
requires:
(a) 'Agency' means:
~. ~ State agency, except an institution under the
iurisdiction of the Division of ~niversities of the Depart-
ment of Education;
~. An office, agency, or other establishment in the
legislative branch;
e~ An office, agency, or other establishment in the
judicial branch;,'
4. A county;
5. A city; and
6. Any other political subdivision of the state.
· except a distdct school board or community college dis-
trict.
(b) .-'Public official" means an officer, including a
member of the Legislature, the Governor, and a member
of the Cabinet, or an employee of an agency in whom
is vested the authority by law, rule, or regulation, or to
whom the authority has been delegated, to appoint,
employ, promote, or advance individuals or to recom-
mend individuals for appointment, employment, promo*
tion, or advancement in connection with employment in
an agency.
(c) 'Relative,' for purposes of this section only, with
respect to a public official, means an individual who is
related to the public official as father, mother, son,
daughter, brother, sister, uncle, aunt. first cousin,
nephew, niece, husband, wife, father-in-law, mother-
in-law, son-in-law, daughter-in-law, brother-in-law,
658
Sister-in-law, stepfather, stepmother, stepson, step-
daughter, stepbrother, stepsister, half brother, or hall
sister.
(2)(a) A public official may not appoint, employ. ~ro-
mote, or advance, or advocate tor appointment, employ.
merit, promotion, or advancement, in or to a position in
the agency in which he is serving or over which he exer.
cises jurisdiction or control any individual who is a tala.
five of the public official. An individual may not be
appointed, employed, promoted, or advanced in or to
position in an agency if such appointment, employmenl,
promotion, or advancement has been advocated by a
public official, serving in or exercising jurisdiction or con-
trol over the agency, who is a relative of the individual,
(b) Mere approval of budgets shall not be sufficienl
to constitute "jurisdiction or control' for the purposes of
this section.
(3) An agency may prescribe regulations authorizing
the temporary employment, in the event of an emer.
gency as defined in s. 252.34(2), of individuals whose
employment would be otherwise prohibited by this sec.
tion.
(4) Legislators' relatives may be employed as pages
or messengers during legislative sessions.
HIIt~..-4111. 1, 2. 3, ch. e0-.341; la, lS. 3~,, ch. eO.-lO6: 1. 70, (;h, 7~-~21; a
~h. 83..-334; e.
J~l, Imal, ut~ f~ i~uflml~t to an a~t ~mtlflKI k~to I~ I0 8'a~
NO~ 8, 118.111.
112.3143 Voting conflicts.-
(1) As used in this section:
(a) 'Public officer' includes any berson elected
appointed to hold office in any agency, including any
person serving on an advisory body.
(b) 'Relative' means any father, mother, son. daugh.
tar. husband, wife, father-in-law, mother-in-law, son-
in-law, or daughter-iff-law,
(2) No state public officer is prohibited from vot~
in his official capacity on any matter. However. any state
public officer voting in his official capacity upo~ a~
measure Which would inure to his special private ga~
which he knows would inure to the special private
of any principal by whom he is retained or to the I:)srefll
organization or subsidiary of a corporate principal i~
which he is retained; or which he knows would inure lo
the special private gain of a relative or business ass~
ciate of the public officer shall, within 15 days after the
vote occurs, disclose the nature of his interest as a ~
Itc record in a memorandum filed with the
responsible for recording the minutes of the meeli~j
who shall incorporate the memorandum in lhe minutes
(3)(a) No county, municipal, or other local public
car shall vote in his official capacity upon any measu~.
which would inure to his special private gain; which
knows would inure to the special private gain of any
cipal by whom he is retained or to the parent orgen~a
tion or subsidiary of a corporate principal by which ~
is retained, other than an agency as defined i. ~
112.312(2); or which he knows would inure to the
pdvate gain of a relative or business associate pt
public officer. Such public officer shall, prior to the
BEFORE THE
STATE OF FLORIDA
C0~ISSION ON ETHICS
P. 2/2S
DATE FILED'
SEP 18 ~98'
CEO 87-69--September 16, 1987
CONFLICT OF INTEREST
CITY AIRPORT MANAGER SERVING AS FIXED BASE
OPERATOR AND MEMBER OF AIRPORT ADVISORY BOARD
To: Mr. Thomas C. Palmer, City Attorney, City of Sebastian
SUMMARY:
No prohibited conflict'of interest exists un, er Section
112.313(7), Florida Statutes,' where a city airport
manager is a fixed base operator at the airport when it
is required or permitted by ordinance. The prohibition
in Section 112.313(10), Florida Statutes~ against an
employee of a'city serving as a member of the governing
board of the city would 'not be applicable.whete the
airport manager is an ex officio member of the airport
advisory board, as the airport advisory board is 9ct the
governing board of the city. A prohibited conflict of
interest would exist .'were. a fixed base operator or
tenant at the airport to be a member of the' airport
advisory board .under the provisions of Section
112.313(7), Florida Statutes, as the individual would
have an employment relationship w~th a business entity
which is doing business with his agency by virtue of the
lease with the' city.... The city council may waive this
conflict of interest by following the provisions of
Section 112.313(12), Florida Statutes. ~owever, the
voting conflict provisions of Section 112.3143, Florida
Statutes, would be applicable for any matters addressed
by the airport advisory board.
QUESTION 1:
Does a prohibited conflict of interest exist where the
airport'manager of a city airport also is the fixed base
operator at the airport?
This question is answered in the negative.
In your letter of inquiry and in a telephone conversation
with our staff you have advised that Mr. John Van Antwerp serves
as the Airport Manager of the City of Sebastian and also is a
fixed base operator at the City Airport on land under lease from
the City. You question whether this is a violation of the Code
of Ethics.
The Code of Ethics for Public Officers and Employees provides
in relevant part:
Page 2
CEO 87-69
CONFLICTING F~PLOYMENT OR CONTRACTUAL
RELATIONSHIP.--No public officer or employee of an
agency shall have or hold any employment or
contractual relationship with any business entity
or any agency which is subject to the regulation
of, or is doing business with, an agency of which
he is an officer or employee . . ; nor shall an
officer or employee of an agency h~ve or hold any
employment or Contractual relationship that will
create, a continuing or frequently recurring
conflict between his private interests and .the
performance of his public duties or that would
impede the full and fait'hful discha of
public duties. [Section 112.313( ~ge hi~
7)(a), Florida
StatUtes (1985).]
In a prior opinion, CEO 77-1-69, we found that this Provision
would 'be violated where a director of county airports was also an
officer of a cor~ration which had entered into leases with the
county to serve as fixed base operator at .two county airports.-
Based on the rationale of this opinign, .prohibited conflict of
interest apparently would be present ~n t~s Case..
However, we note that the Ct'~y Code'provides that the Airport
Manager. "shall be an .existing fxxed, base operator or another
qualified person." Under these circumstances, the following
subsection of Smctton 112.313(7) is applicable:
This subsection shall not .prohibit a public
officer' or employee from practicing in a
particular professi6n or occupation when such
practice by persons holding such public'offtce or
employment is required or permitted by law or
ordinance. [Section '112.313(7) (b), Florida.
Statutes (1985).]
Therefore, because the city by ordinance requires or permits the
Airport Manager to be a fixed base operator, the prohibition of
Section 112.313(7) (a) does not apply here.
Accordingly, we find that no prohibited conflict of interest
exists where the Airport Manager of the City of Sebastian airport
also is the fixed base operator at the airport.
QUESTION 2:
Does a prohibited conflict of interest exist where the
airport manager of the city airport serves as an ex
officio member of the Airport Advisory Board?
This question also is answered in the negative. ~/~'~
RPR 2:9 '9? 08:26 40? 589 55?0
:Page 3
P. 4/23
CEO 87-69
You advise that a City ordinance requires the Airport Manager
to Sit as an ex officio (non-voting) member of the Airport
Advisory Board. Under the ordinance, the Board has advisory
authority in matters relating to "construction, improvement,
maintenance, equipment, operation and regulation of the airport,
including submission of proposed leases, financial and funding
programs, and changes to existing policies and procedures of the
operation of the airport." The City Council, upon receiving the
Advisory Board's recommendations, has final approval- on any
actions taken.
Section 112.313(10)('a)', Florida Statutes, provides:
~PLOYEF~S HOLDING OFFICE.--No employee of a
State'agency or of a county' 'municipalitY, special
taxing d~strict, or'other-political subdivision of
the'state shall hold off'~¢e as a' member of the
governing board, coUncil, commission', or
authority, by whatever name known, which is his
employer while, at the .same time, continuing as an
employee of such employer.'
The intent of this section is to prohibit a public officer from
holding an employment position which is subject to the
supervision of his public office. This provision is not violated
here because the governing body which employs the Airport Manager
is the City Council. Although the Board 'in its role of advising
the Council is considered part .of the City Council for purposes
of determining a Board- member.'s. "agency"' upder the Code of
Ethics, any decisions made with regard to the A~rport Manager's
employment, salary, and duties are made by the City Council.
Nor do we find that the Airport Manager's interests would
conflict with his responstbilitie~ as an ex officio member of the
Airport Advisory Board to such a degree as to.be prohibited by
Section 112.313(7), Florida Statutes. Although the Advisory
Board may consider matters affecting the Airport Manager, the
Airport Manager.serves.only as an ex officio (non-voting) member
of the Board. In addition, we note that the ordinance which
prescribes the membership of the Board expressly provides for the
ex officio membership of the Airport Manager.
Accordingly, we find that no prohibited conflict of interest
exists where the Airport Manager serves as an ex officio member
of the Airport Advisory Board.
QUESTION 3:
Would a prohibited conflict of interest be created were
a fixed base operator or other tenant at the airport to
be a member of the Airport Advisory Board; if that
person is not the Airport Manager and is not a member of
the City Council?
This question is answered in the affirmative.
The Sebastian City Ordinances require that seven voting
members and one alternate member be appointed by the City Council
to the Airport Advisory Board. Ex officio members include the
Airport Manager and one member of the City Council. The
ordinances in no way permit or result? the Board members to be
tenants or fixed base operators of t~e airport, other than the
Airport Manager.
We find this situation to be analogous to CEO 87-23, in which
the Commission found a prohibited conflict of interest to exist
where an officer 'of a general contracting firm doing business
with a school board served as a member of the school' board's
minority business'enterprise advisory committee. Here, the fixed'
base operator' or tenant would have an employment relationship
with a business entity wh'ich is. doing, business with.his agency,
the CitY, by virtue of a lease agreement. As we noted in CEO 87-
23, such a situation would violate Section 112.313(7)(a).
However, as we advised in CEO 8'7-23, the exemption for
advisory board members provided in Section 112.313(12), Florida
Statutes, could be utilized .by the City Council to allow such
individuals to serve on the Airport Advisory Board, This
exemption provides:
EX~IPTION.--The requirements of subsections (3)
and (7) as they pertain to persons serving on
advisory boards may be waiv%d in a particular
instance by the body which appointed the person to
the advisory board, upon a full disclosure of the
transaction or relationship to the appointing body
prior to the waiver and an affirmative vote in
favor of waiver by 'two-thirds vote of that body.
In instances in which appointment to the advisory
board ~s made by an 'individual, waiver may be
ffected, after public hearing, by a determination
Y the'appointing person and full disclosure of
the transaction or relationship by the appointee
to the appointing person.
if the City Council chooses to put this provision into effect for
a particular member of the Airport Advisory Board, tt should be
noted that th~ provisi?ns of Section 112.3143, Florida Statutes,
concerning voting confllcts still would apply to actions taken by
the Advisory Board member.
Accordingly, we find that a prohibited conflict of interest
would be created were a fixed base operator or other tenant at
Page 5 CEO 87-69
the airport, who is not the Airport Manager or a member of the
City Council, to be a member of the Airport Advisory Board unless
the requirements of the exemption contained in Section
112.313(12), Florida Statutes, are met.
~___~ENDERED b . Florida Commission on Ethics this
day of~, 1987.
MARK[HERRON
Chairman
cc: Mr. Thomas C. Palmer
PCC/m~/mwa
Enolosures