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HomeMy WebLinkAbout07081998 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 8, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame Acting City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Chief of Police, Randy White Acting Public Works Director/City Engineer, Martha Campbell Deputy City Clerk, Sally Maio ORu~gular City Council Meeting y 8, 1998 Page Two 98.117A AGENDA MODIFICATIONS (ADDITIONS ANDJ..O]~ pl~LETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) Mayor Sullivan requested that resolutions and financial items not appear on the consent agenda. Following discussion, the City Manager was directed to use his discretion in placing items on the consent agenda based on whether or not the item has potential to be removed for discussion. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS None. CITY ATTORNEY MATTEP~ None. CITY M~NAGER MATTERS The City Manager reviewed the comments received from Department of Community Affairs regarding the City's Comprehensive Land Use Plan, and reviewed the issues addressed by DCA; reported that no one in Indian River County was approved a grant for defibrillators and he would bring back an item to the next agenda for funding from another source; suggested that once the water restriction is over, the ordinance should be reviewed for upgrading; reported on a problem with the Main Street pier and said staffhad submitted and been approved for funding from Florida Inland Navigation District; and advised Council that the Capital franchise agreement has been signed as of today with a few minor non-substantive changes, and stated the ordinance will have to come back for amendment. The City Manager introduced Attorney Tim Williams. ~ONSENT AGENDA ,411 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 Ci{y Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 6/17/98 Special Meeting(s), 6/24/98 Regular Meeting Adopt Refml0iion No. R-98-31 - Job Description lq1' Growth Management Director (I'tullll~O R~sourees Transmittal 6/30/98. R-98-31 w/~:~ription) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AIX)PTING A JOB DESCRIPTION FOR THE JOB OF GROWTH MANAG~ DIRECTOR; PROVIDiNG FOR iNCLUSION OF SUCH JOB DESCRIPTION iN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 2 ol~gular City Council Meeting y 8, 1998 Page Three 98.117B C. 98.117C D. 98.136 E. 98.137 F. 98.138 G. Adopt Re$91ution No. R-98-32 - Job I~$cription for Growth Mimagement Manager (Humall. Resources_Transmittal 6/30/98, R-98-}2 w/description) A RESOLUTION OF TIIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR TIIE JOB OF GROWTH MANAGEMENT MANAGER; PROVIDING FOR iNCLUSION OF SUCH JOB DESCRIPTION iN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLLrrlONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R-9!t-33 - Job Descrigtion for Building Director (J-hlo30n Resources ]2ra~mittal 6/30/98, R-98-33 w/description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR TIlE JOB OF BUILDING DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Schedule Quasi-Judicial Hearing on July 15, 1998 for Application for Permit and Certificate of Public Convenience and Necessity for Palm Beach Transportation dba Yellow Cab of the Treasure Coast (City Clerk Transmittal 6/30/98, Chapter 106 - Article II) Reject Colonna Construction Annual Concrete Work Bid and Authorize Staff to Pursue Less Formal Bidding Procedure Such as Telephone Quotes Based on Unacceptable Responses on Past Bids (Asst. to City Manager/Public Works Transmittal 7/1/98) Kutch Request for Use of Community Center - 11/21/98 - 4 pm to 8 pm - A/B - Proof of Age Verified - Security Paid (City Clerk Transmittal 6/29/98, Application) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-98-31, R-98-32 and R-98-33. Mayor Sullivan removed the 6/17/98 special meeting minutes in item A, and items B, C, and D. Mrs. Cartwright removed items C and D. Mr. Neuberger removed the 6/24/98 regular meeting minutes in item A. MOTION by Cartwright/Neuberger I move to approve items E, F and G of the consent agenda. VOICE VOTE on the motion carried 5-0. gular City Council Meeting y 8, 1998 Page Four A. Approval of Minutes - 6,/17/98 Special Mecting¢), 6/24/98 Regular Meeting Mayor Sullivan cited the 6/17/98 special meeting minutes on page (circle 7) noting that "and his wife" should be deleted in reference to Vero Councilmember Art Neuberger. Mr. Neuberger cited the 6/24/98 regular meeting minutes on page (circle 22) noting he had said the Dempsey/Vocelle drainage improvement is "working" not "worse". MOTION by Sullivan/Neuberger I would move approval of the minutes of 6/17/98 the special meeting as amended and include the minutes of 6/24/98, the regular meeting. VOICE VOTE on the motion carried 5-0. 98.117A B. Adopt R~olution No. R-98-31 - Job Description for_Grpwth Management DirecLo. r Mayor Sullivan said she had a problem with two jobs being divided, items B and C. The City Manager said it was his intent that these were title changes for the three people already in the positions; and they were exempt from the union. Mayor Sullivan pointed out a typo in the word "studies." Mrs. Cartwright said the name of the department had not officially been changed, and requested a time frame. The City Manager said it was his intent to bring this issue to Council at budget time and have an effective date of October l, 1998 for all the job descriptions. Discussion took place on the manner in which these three job descriptions should be addressed. It was decided to discuss all three at this time. TAPE I ~ SIDE II (7:47 p.m.) Mrs. Wininger noted the driver's license requirement is missing in the Building Director description; suggested that the requirement for education and the "either/of' allowance be tightened up somewhat. She suggested a clause that one year job experience can be substituted for one year of education be added to job descriptions. Mrs. Cartwdght noted that provisions on page 35 and 41 do allow substitution of experience for education. She requested that the sentence "Portions of the preceding experience requirements may be waived at the discretion of the City Manager." be added to the other two job descriptions. It was the consensus of Council to add the sentence as requested. 4 o_Rulegular City Council Meeting y 8, 1998 Page Five 98.117B 98.117C 10. MOTION by Sullivan/Cartwright I would move adoption of Resolution R-98-31, job description for Growth Management Director with an effective date of October 1. VOICE VOTE on the motion carded 5-0. C. Adopt Resolution No. R-98-32 - Job Description for Growth Management Manager MOTION by Sullivan/Cartwfight I'll move to adopt Resolution R-98-32 job description for Growth Management Manager with effective date of October 1, and add "Portions of the preceding experience requirements may be waived at the discretion of the City Manager." VOICE VOTE on the motion carried 5-0. D. AdoptRe~olution No. R-98-33 - Jo[~ l~scription for Buildiag.,Director MOTION by Cartwright/Neuberger I move to adopt Resolution 98-33 with an effective date of October 1 and the amendment under the last sentence of experience and the driver's license requirement. VOICE VOTE on the motion carded 5-0. PUBLIC HEARING Procedures for public hearings: (11-97-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit oflO Minutes Per Speaker ° StaffSummation · Mayor Closes Hearing ° CouncilAction Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record 5 OR~lgular City Council Meeting y 8, 1998 Page Six 98.093 A. 98.110 B. Public Heating on Communily DcvelQpment Block Grant (CDBQ) Commercial Revitalization Grant Project to Discuss Challges in the Budget, Accomplislllllents and Construction Schedule - Authorize Cil~ Manager to Submit Grant Amcndm~t~t Request to DCA For Identif~d B. udg~t Modifications (Johnson Memo 7/1/98, 6/10/98_£ATF Minutes) Mayor Sullivan opened the public heating at 8:05 p.m. Robert Johnson, Clark Roumelis and Associates, addressed City Council and responded to their questions about the improvements and budget amendment. In response to Mr. Neuberger, Mr. Johnson said he would confirm that low sodium lights are to be used and report back to the City Manager. Mayor Sullivan closed the public hearing at 8:15 p.m. MOTION by Cartwfight/Wininger I move to authorize the City Manager to submit a grant amendment request to DCA for the identified budget modifications. (see 7/1/98 Johnson memo attached) ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Second Reading, Public Hearing itnd Final Adoption of Ordin0gce No. 0-98-05 (City Clerk Tran.~mittal 6/30/98, O-98-05) AN ORDINANCE OF THE crrY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDINO THAT QUALlYICATION AS A CANDIDATE FOR POLmCAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETINO COMMITTEES FROM TERM LIMITATIONS; PROVIDINO FOR CODII:ICATION; PROVIDING FOR SEVERABILITY; PROVIDiNG FOR AN EFFECTIVE DATE. (1 st Reading 6/17/98, Advertised Legal 6/24/98, PH 7/8/98) The City Attomey read Ordinance No. 0-98-05 by title, and Mayor Sullivan opened the public heating at 8:16 p.m. There being no input, Mayor Sullivan closed the public hearing. MOTION by Cartwfight/Neuberger I move to adopt Ordinance 98-05. 6 P~gularCityCouncilMeeting y 8,1998 Page Seven ROLL CALL: Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 11. I~iTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Leonard Galbraith, 574 Benedictine Terrace, Sebastian, requested City Council investigate Jerald Smith, whom, he alleges, lied on his application for membership for the Construction Board. Sal Neglia, 461 Georgia Boulevard, Sebastian, said that the water restriction code needs to be addressed; and suggested the restriction not be put in effect due to sufficient water. Donald Smith, 208 Poinciana Street, Sebastian, suggested City Council readress the dispatch system. Bob Ashcrofi, 785 George Street, Sebastian, said Council needs to do a little better with its disputes TAPE II - SIDE I (8:37 p.m.) based on recent newspaper articles; and recommended looking into a better dispatch system. Mayor Sullivan called recess at 8:39 p.m. and reconvened the meeting at 8:50 p.m. All members were present. 12. COMMITTEE REPORTS/B, ECOMMENDATIONS 98.119 Budget A~h, isory Committee (City Clerk Transmittal 7/1/98, Seven Applications) 1. Confirm Five Council Appointees MOTION by Cartwright/Wininger I move to confu-m thc five appointees to the Budget Advisory Committee. VOICE VOTE on the motion carried 5-0. 7 Regular City Council Meeting 8, 1998 Page Eight 2. Interview and Al:~point Two At-Large Members The City Council interviewed Kathleen Brauer. Mrs. Wininger questioned whether a City employee can be a member of a City committee under provisions of F S 112.313 (10) (a), which she then read. Attomey Williams said he interpreted this provision to mean "the only restriction is that a city employee could not serve on the same committee which employs that city employee" and "the only restriction would be that she could not serve as a city councilmember.", however, he continued that FS 112.3143 (4) "would only restrict her from voting on matters in which she, she or her family have a direct financial interest." Vice Mayor Winingcr stated, for the record, that she is uncomfortable with a City employee serving on a committee. Mrs. Cartwright agreed. Mr. Neuberger said he thought there was no conflict. Mr. Paul said he was concerned there may be a conflict. Mayor Sullivan said it was apparent that the majority of Council had concerns. City Council interviewed Herbert Munsart. MOTION by Sullivan/Wininger I would move to appoint Herbert Munsart to one of the at-large members of the budget committee. VOICE VOTE on the motion carded 5-0. It was decided that the committee should convene while the City Clerk advertises for another member. The City Clerk said she would advertise the position to accept applications until July 17. Other Conunittce Matters Mr. Paul questioned whether he would still be considered the voting member on the Treasure Coast Regional Planning Council now that TRCRPC had agreed to add another regular voting member. Mayor Sullivan said that was her intent. Mr. Neuberger reported on today's Metropolitan Planning Organization adoption of the fa-st three parts of the five year Transpiration Improvement Plan, and noted they were waiting for the City's airport request to get it in the amendment. The City Manager said he would get that information to the Airport Director. Mr. Neuberger said they had also adopted the Indian River County Horizontal Control Network, a new system of survey markers. He said he had copies available. ORu~ygular City Council Meeting 8, 1998 Page Nine 13. OLD BUSINES~ 98.075 A. Autlt9~ City Manager to Negotiate Agreement with Indian R/v~r.Coung;J~r~ation to Handle Tennis Programs at Schumann Tennis Coflr~ (,Public Works Transmittal 6/29/98, Draft RFP) MOTION by Sullivan/Wininger I would like to move that we authorize the City Manager to negotiate an agreement with the County but also to add that you have a representative from the Friendly Tennis Club sit in with you because they have a great deal of knowledge on the program that they're offering and I think they would be very valuable in meeting with the County and Mr. Frame. Mr. Paul said he would like to have assurance that Sebastian residents have preference at the courts; and that he hoped the County did not plan to use the four new courts and leave the two old courts for City residents. The City Manager said these provisions could be added to the agreement. Mayor Sullivan called for a vote, some ayes are heard, however, at the same time Mr. Paul said he wanted to add those provisions addressed above. MOTION amended by Paul/Cartwright The motion would be to have primarily the Sebastian residents and children the primary benefactors or use of the courts through the County and also the fact of all four new courts would not be totally used by the County that the courts would be divided so you'd have at least one of the new ones tied in with one of the old ones. Discussion followed on the amendment. It was noted that a final agreement will come back to Council for approval. The City Clerk restated the amendment "Sebastian residents and children preferred use of the courts and that the four new courts not be used by County only." ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - nay Mrs. Wininger - aye MOTION CARRIED 4-1 (Sullivan - nay) ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 9 ORulyegular City Council Meeting 8, 1998 Page Ten 98.118 B. City Attorney Contract (]~eportaegrth~0ming) The City Manager stated he had met with Councilmembers and been informed that two Councilmembers had no problem with the contract as it existed, two did have a numbers of problems, and one that would like to explore an in-house attorney; and that he had relayed this to the City Attorney and that she had submitted a revised contract to him. Discussion followed as to whether there was cost study for an M-house attorney and the need for it. Mrs. Cartwright stated "I think what I'd like to do right here and now is move that we, we've just spent too much time on this in the past two years and I haven't seen any changes or progress, and I'd like to move that we, rather than go into renegotiation just offer, exercise our option, I move that we exercise our option of the thirty day notice of termination to the City Attorney". Mayor Sullivan asked, "You want to fire the City Attorney?" Mrs. Cartwright responded "Yes ma'am I do. I want to exercise our option to terminate without cause and give her the thin), day notice." Mayor Sullivan asked, "Is there support? Motion dies...." Mr. Paul said "I'll second." Mayor Sullivan stated, "Motion has been moved and supported to terminate the employment of the City Attorney. Roll call?" ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mrs. Wininger - aye Mrs. Cartwfight - aye Mr. Neuberger - nay MOTION CARRIED 3-2 (Sullivan, Neuberger - nay) The City Manager said the City Attorney had told him that if the Council was not satisfied with the current agreement she would consider resigning and stay on until such time as the Council can find someone. TAPE II - SIDE II (9:37 p.m.) MOTION by Sullivan I move the recommendation of the City Manager. Mrs. Cartwright asked the City Manager to repeat his statement. 10 ORu~ygnlar City Council Meeting 8, 1998 Page Eleven 98.139 14. The City Manager said "what she indicated to me and frankly, well anyhow, her comment was that if the Council was not satisfied with the current work agreement, that she would consider resigning and would consider to stay on until such time as the Council had satisfactorily found a replacement, she'd be willing to do that and I'm just reporting that information as opposed to just an out and out thirty day drop dead date." Mayor Sullivan said that would be her motion to follow the recommendation of the City Manager, however, motion died for lack of a second. Discussion followed on whether or not Council was properly notified that she would not be in attendance at this meeting; and advertising for the position and whether it be in-house and/or contract. MOTION by Wininger/Canwright "I would move to repeat the action the Council took two years ago exploring both full time in-house attorney and, I don't want to say part time, contract attorney, hourly contract attorney, and I'm going to say hourly. I think its very important that it be hourly." VOICE VOTE on the motion carded 3-2 (Sullivan, Neuberger - nay) NEW BUSINESS Request for Approval to Lease/~t FU~I Farm Facility to B & S Investments dba S~ba~stian Aero Services, Inc. at Sebastian Mmli~ipal p, irport (City Manager Transmittal 6/30/9~ Following a brief discussion of the proposal, assurance that the City would not pay for any removal of the existing tanks, and that if grants are not approved, the lessee would have to seek funding elsewhere; motion was made. MOTION by Paul/Cartwfight I move to approve the concept of budgeting $40,000 ($20,000 enterprise fund - $20,000 grant funds) and authorize staff to apply for an economic development grant with FDOT and to bring back an amended lease agreement with B&S Investments for the monthly lease of the fuel farm facility. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 11 ORulegular City Council Meeting y 8, 1998 Page Twelve 98.140 Authorize Ci~ Manager to Purchase police Department Telephone System Ul~gro~lc - Looent Technologies for $10~97 l (Police Chief Transmittal 6/22/98. OuotO Chief White addressed City Council, noting that is an addition to the existing system. In response to Mr. Paul, the City Attorney said Mr. Paul should abstain from voting on this matter based on his employment with Bellsouth. MOTION by Cartwright/Neuberger I move to waive the normal bidding procedures and authorize the purchase as a sole source purchase and authorize the City Manager to purchase the equipment and installation of the equipment needed to upgrade the police building's existing telephone system from Lucent Technologies for $10,971. ROLL CALL: Mr. Neuberger - aye Mr. Paul - abstained (see form attached) Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 98.065 C. Adopt Resolution No. K-98-30 Authorizing Transfer of Real Property by Q.~it Claim Deed and Agceptance of Non-ExclusiYe Drainage ~d Utility Easements - Adams & Ass~ia~v$ Developers, Ir~c. (City Manager Transmittal 6/30~98, proposed Quit Claim Deed and Grant of E~$?ment, Maps) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZINO THE MAYOR AND THE CITY CLERK TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TRANSFER AND CONVEY CERTAIN LAND IN A PORTION OF SEBASTIAN HIGHS, UNIT 16 TO ADAMS AND ASSOCIATES DEVELOPERS, INC., AND AUTHORIZINO THE ACCEPTANCE BY THE CITY OF A NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENT FROM ADAMS & ASSOCiATES DEVELOPERS, INC. The City Attorney read Resolution No. R-98-30 by title. Vice Mayor Wininger was excused from 10:05 p.m. to 10:10 p.m. The City Manager gave a brief presentation on the proposal for the City to quit claim property along the Collier Waterway to Adams and Associates Developers, Inc. and accept drainage and utility easements from them. The City Engineer said she is not aware that the narrowing of the waterway would be a problem. John King, representing Adams and Associates Developers, Inc., said these matters were discussed during preliminary' plat approval for Collier Creek Estates, gave a brief history on negotiations with the City Attorney and approval by both attomeys in June of 1997, and said now that they have begun Phase III the land swap becomes relevant. He said the purpose of this is to correct legal descriptions. 12 ORulyegular City Council Meeting 8, 1998 Page Thirteen Vice Mayor Wininger requested the 4:1 slope be noted in the resolution. Mrs. Cartwright agreed and suggested also that the quit claim deed and the utility easement be attached to the resolution and referred to as exhibits. The City Manager also suggested that references to Collier Creek be changed to Collier Waterway (circle pages 97 and 102); and that references to 15 feet should be changed to 20 feet (cimle pages 104 and 98). Mayor Sullivan moved to extend the meeting to 11 pm, there was no second, and Mrs. Cartwright reques~xl that just this item be finished. MOTION by Cartwfight/Wininger I move to approve Resolution 98-30 as amended and for the City Manager to add the 4:1 slope requirement. VOICE VOTE on the motion carried 5-0. Being no further extension, Mayor Sullivan adjourned the Regular Meeting at 10:33 p.m. The following items will be addressed at the next regular meeting: Do 15. Dempsey and Braddock Street Road Repairs (Public Works Transmittal 6/30/98) Request from L.I. Tree Service, Richard Fey, President - Refund of SitePlan Application Fee (City Manager Transmittal 7/1/98, Fey Letter) CITY COUNCIL MATTERS Approve~atthe ~x/~ 22-I ,1998,~l~egular,City Council Meeting. Rut Mayor Kathryn M4. O'Halloran, CMC/AAE City Clerk 13 BUDGET ADVISORY COMMITTEE The Budget Advisory Committee is comprised of 7 members, 5 of whom were individual Council appointees, and the other 2 appointed by Council at-large. This is a temporary committee, therefore there are no specific terms. ADVISORY COMMITTEE MEMBER JOE BARCZYK 609 CARAVAN TERRACE SEBASTIAN FL 32958 388-1949 THOMAS (TUT) CONNELLY 149 KILDARE DRIVE SEBASTIAN FL 32958 388-1846 LARRY NAPIER 163 HARRIS DRIVE SEBASTIAN FL 32958 388-2070 DONALD SMITH 208 POINCIANA STREET SEBASTIAN FL 32958 388-3638 KAREN WEST 1574 CLEARBROOK STREET SEBASTIAN FL 32958 388-2658 HERBERT MUNSART 1464 SEAHOUSE STREET SEBASTIAN. FL 32958 589-3375 BEN A. BISHOP 1561 PENLYNN STREET SEBASTIAN. FL 32958 589-4743 APPOINTED BY COUNCIL MEMBER NEUBERGER ON 7/8/98 MAYOR RUTH SULLIVAN ON 7/8/98 COUNCIL MEMBER LARRY PAUL ON 7/8/98 COUNCIL MEMBER LOUISE CARTWRIGHT ON 7/8/98 VICE-MAYOR MARTHA WININGER ON 7/8/98 AT-LARGE MEMBER APPOINTED ON 7/8/98 AT-LARGE MEMBER APPOINTED ON 7/22/98 76 FORM 8A ME--FIRST NAME --MIDDI.E NAME I~IAILING ADDRESS /701 ~oA ' ~ CIIY MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS NAME OF BOARD, COUNCIl-, COMMISSION, AUTHORITY, OR COMMITTEE COUNTY MY POSITION IS: ~'ELECHVE 1:3 APPOINTIVE WHO MUST FILE FORM 8A This form is for use by any person serving at the State 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 con- flict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on 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. A person holding elective state office may vote on a measure which inures to his special private gain; to ~. · ~'~.~ by whom he is retained (including the parent organization or subsidiary of a corporate principal by ~ l.')L~ ,') special private gain of a relative; or to the special private gain of a business associate. However, if the officx he must complete this form and file the form within 15 days after the vote occurs with the person responsible tor recording me minutes of the meeting, who must incorporate the form in the minutes. 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). APPOINTED OFFICERS: A person holding appointive state office may vote on a measure which inures to his special private gain; to the special gain of a principal by whom he is retained (including the parent organization or subsidiary of a co.rporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. However, the officer must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communication, whether made by him or at his direction. 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). IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiLL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form 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. )U MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE · You must disclose orally the nature of your conflict in the measure before participating. · You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. CE FORM 8A - 10-91 PAGE 1 DtSCI..osURE OF STATE FICER'S iNTEREST fl_.. ,,~ oa c_~ ~' ~, hereby disclose that on measure came or will come before nay agency which (check one) inured to my special private gain; inured to the special gain of my business associate, inured to the special gain of my relative, g .---- inured to the special gain of ~~ whom I am retained; or ~ inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. measure before my agency and the nature of my conflicting interest in the measure is as follows: (.b) The ~'/l~ which Date Filed DISCLOSURE CONSTITUTES OR susPENSION FROM OFFICE OR EMPLOYMENT, iMPEACHMENT, REMOVAL SALARY, REPRIMAND, OR A ClX/IL PENALTY NOT TO ExcEED $5,000. cE FORM 8A - 10-91