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HomeMy WebLinkAbout082520044. ROLL CALL City Council Present: Mayor Nathan McCollum Vice -Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Golf Course Director, Greg Gardner Airport Director, Jason Milewski Stormwater Engineer, Ken Jones Police Lieutenant, Greg Witt Public Works Director, Terry Hill CITY Of HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 25, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the Regular City Council meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Council Member Monier. 3. The invocation was given by Reverend Ronald Thomas of the Sebastian United Methodist Church. Regular City Council Meeting August 25, 2004 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND /OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R- 04 -26) Mayor McCollum requested addition of a request by Angani Cirillo for designation of the River School as a Charter School (see e-mail attached). On MOTION by Mr. Coniglio, and SECOND by Ms. Monier the item was added under Mayor's Matters by a voice vote of 5 -0. A packet of information was distributed to Council members (see attached). 6. PROCLAMATIONS. ANNOUNCEMENTS AND /OR PRESENTATIONS 04.095 A. Certificate of Appreciate to Michelle Merlin for Tree and Landscape Advisory Board Service Ms. Merlin was not present, however, the Mayor read the certificate. 04.186 B. Presentation by Representatives of Florida Department of Transportation United States Highway One (US1) Infrastructure Improvement Program Harrison Street and South of Sebastian Corporate Limits Jim Scully, FDOT, gave a brief overview of the U.S. 1 Improvement Project and introduced Gilbert Portela, Project Manager and Juan Toledeo, Engineer who gave a presentation on the project to modify median openings and increased U -turns to facilitate deceleration for traffic slowing and safety. He welcomed any comments on the project from City residents to make it a project the City will embrace. Ms. Monier said closing up 1/3 of median openings will affect a growing business area and asked what were the chances of reopening medians in the future. She said she did not believe that U -turns are safe and that more median openings are needed. Mr. Portela responded that U -turns are actually safer than median openings. It was noted that the northern boundary of the improvement project is Harrison Street. Mr. Coniglio said he liked the medians, however, suggested a median cut adjacent to the Firestone store and that maintenance of medians be considered. Ms. Monier said there must be a way for DOT and the City to get together to slow down traffic on U.S. 1. She said she would be happy to see the speed limit at 30 or 35 through town. Mr. Scully said DOT would be willing to do another speed study. Mr. Coniglio said the City should write a letter to DOT requesting a slower speed limit through the City. Mr. Scully suggested contacting the District Design Engineer to submit ideas for slowing traffic. 2 Regular City Council Meeting August 25, 2004 Page Three The Mayor requested the Community Redevelopment Advisory Committee's opinion on the speed limit because US 1 travels through the CRA District. The City Manager responded it could be added to the Committee's September agenda and reported back to Council. 04.179 C. Presentation by Representative of Indian River County Metropolitan Planning Organization Potential Capital Improvement Programming Opportunities Laconia Street Extension Program Phil Matson, Indian River County MPO, updated Council on how MPO funds and processes projects, and the forthcoming five -year plan update which would include Sebastian's priorities. Discussion took place on avenues to take traffic south such as Laconia and Fleming Street. The City Attorney added that the City was looking at Laconia as an evacuation access as well. Mayor McCollum said Council looks forward to the preliminary report in November. 7. CONSENT AGENDA All items on the consent agenda are considered 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. 1 A. Approval of Regular Meeting Minutes 8/11/04 9 -10 B. Approval of Special Meeting Minutes 8/17/04 04.187 C. Approval of Budget Workshop Minutes 8/17/04 11 -18 04.188 D. Authorize the Mayor to Execute the Modified Submerged Land Lease for Riverview 19 30 Park Twin Piers (City Attomey Transmittal 8/18/04, Lease) 04.047 E. Resolution No. R -04 -33 Accepting Federal Aviation Administration Grant Agreement 31 34 for the Rehabilitation of Taxiway "A" and Construction of an Aircraft Parking Apron (Airport Transmittal 8/17/04, R- 04 -33, Agreement Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) TO PROVIDE FUNDING TO REHAB TAXIWAY A APRON CONSTRUCT ADMINISTRATION BUILDING APRON; PROVIDING FOR FOR EFFECTIVE DATE. 04.189 F. Authorize the Renewal of Contract with City of Sebastian /Sebastian Municipal Golf 35 -56 Course and OneSource Landscape Golf Services, Inc. (Golf Course Transmittal 8/18/04, Amendment Two and Contract) 3 Regular City Council Meeting August 25, 2004 Page Four 04.109 G. Authorize the Execution of the Indian River Lagoon License Plate Funded Cooperative 57 -70 Cost Sharing Agreement with the St. Johns River Water Management District and the City of Sebastian and Authorize the Matching Fund Contribution of $42,790 (Stormwater Engineering Transmittal 8/17/04, Contract) 04.086 H. Authorize the Award of Contract to Jobear/Warden Construction in the Amount of 71 -126 $905,686.00 for the Louisiana Avenue Neighborhood Revitalization Program and Authorize an Additional Appropriation of $71,660.00 from Local Option Gas Tax Proceeds to Complete the Project Funding (City Manager /Engineering Transmittal 8/17/04, Bid Tab, Agreement, Plan) 04.086 I. Authorize the Acceptance of Grant of Public Sidewalk, Utility and Drainage Easement 127 -132 Dedication from THP3 Corporation Transferring Respective Property Ownership to the City (City Manager Transmittal 8/17/04, Easement, Description) 04.101 J. Authorize the City Manager to Execute a Lease Between the City of Sebastian and 133 -138 Keep Indian River Beautiful, Inc. (City Attorney Transmittal 8/18/04, Lease) 04.089 K. Prior Approval for Vice -Mayor Overnight Stay in Accordance with Attendance at 139 -140 Committee for Sustainable Treasure Coast Meetings: September 2 -3, 2004; October 7 -8, 2004 and December 2 -3, 2004 (City Clerk Transmittal 8/18/04, Info) Mayor McCollum removed item J; and Ms. Monier removed item D. On MOTION by Mr. Barczyk, and SECOND by Mr. Heptinstall, consent agenda items A -C, E -I and K were approved on a roll call vote of 5 -0. Item D Submerged Lands Lease Riverview Park Twin Piers Ms. Monier inquired about certain terms of the lease and the City Attorney responded to her concerns. On MOTION by Ms. Monier, and SECOND by Mr. Barczyk item D was approved by a roll call vote of 5 -0. Item J Authorize Lease City /KIRB Mayor McCollum said he removed this item due to the fact that Mr. Coniglio must abstain if he is still an officer of KIRB. Mr. Coniglio affirmed he would be abstaining. On MOTION by McCollum and SECOND by Ms. Monier, item J was approved by a roll call vote of 4 -0. (Memorandum of Voting Conflict Form 8B attached) 4 Regular City Council Meeting August 25, 2004 Page Five 8. COMMITTEE REPORTS /RECOMMENDATIONS A. Construction Board 04.147 i. Interview Unless Waived, and Fill One of Four Expiring Positions (City Clerk 141-148 Transmittal 8/11/04, Code, Application. Board Member List, Ad) The Clerk submitted alternate member Greg Conover's application at his request for consideration for one of the regular member positions. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Mr. Conover's application was added for consideration by a voice vote of 5 -0. Mr. Coniglio nominated Ken Mitchell for the Regular Member HARV position. Being no other nominations, Mr. Mitchell was appointed. Ms. Monier nominated Greg Conover for the Regular Member Electrical Contractor position. Being no other nominations, Mr. Conover was appointed. Advertising will resume to fill the alternate positions. 9. PUBLIC HEARING none. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda sign -up required limit of five minutes for each speaker Sal Neglia reported that Waste Management told a citizen that mandatory garbage pick -up is inevitable and mailed an application for service to the citizen. The City Manager requested the citizen's name and phone number. Side 11, Tape 1(8:02 pm) Damien Gilliams reported the Olmstead property is back on the market. 11. OLD BUSINESS 04.190 A. Possible Revised Direction Regarding Surface Infrastructure for Municipal Complex Park Tennis Courts (no backup) Damien Gilliams opposed clay courts; and John Oakes agreed with clay courts. Mayor McCollum reported on his research of tennis courts he had conducted since this subject was brought to Council's attention by Mr. Heptinstall during the budget workshop. 5 Regular City Council Meeting August 25, 2004 Page Six Mr. Barczyk also reported on use and fees that could be charged for tennis courts and reported on use of various materials. Mr. Coniglio said a user fee could be established if necessary. Mr. Heptinstall discussed his research on maintaining clay courts and said he can't see that it is economically feasible to use clay due to replacement and equipment costs. Ms. Monier also reported on her research and said if we are going to do something let's do it right and use clay. Mayor McCollum said it was never his intent that anyone should pay anything to use this park, rather that it is there for the public's use. The City Attorney advised that there could be a resident/non- resident difference in fees since there isn't any grant money involved in the construction. Roy Kinney asked that clay be considered for the seniors in the community. The City Manager said the recommendation to use clay was based on prior community input, discussed "economies of scale" theory, stating that Suffolk Construction will subcontract out certain projects within the overall park complex, and surface prices are coming in at $2,000 to $4,000 per court, maintenance will be fairly minimal, and closed by saying he will need a final decision this evening. In response to Council, he said that equipment needed to maintain clay courts will be several thousand dollars, that courts will not have to be covered in the rain, that there are advantages to overhead irrigation. Mayor McCollum said he did not want to get into a situation where there are user fees for people to use this park and wanted to know which material is more cost effective. The City Manager said whatever direction Council offered he would have to go back and look at what the maintenance cost aspects will be. Mr. Heptinstall said the expense and maintenance of soft courts is the reason there are no other soft courts within 100 miles of here. The City Clerk noted that in 1997 the City rebuilt the four Schumann tennis courts and adjacent drainage work for $152,000 and resurfaced them in 2001 for $8,700. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Council approved the original plan for clay courts on a roll call vote of 3 -2 (McCollum, Heptinstall nay) Mayor McCollum called recess at 8:55 p.m. and reconvened the meeting at 9:03 p.m. All members were present. 12. NEW BUSINESS None. 6 Regular City Council Meeting August 25, 2004 Page Seven 13. CITY ATTORNEY MATTERS 04.163 A. Direction Concerning Annexation Referendum Language (no backup) The City Attorney distributed a paper entitled "Potential Referendum Language" with five suggested questions (see attached). Mayor McCollum read the questions for the benefit of the public. Andrea Coy, Sebastian, suggested the Council strongly consider #1. John Oakes, suggested keeping the question simple. Richard Taracka, Sebastian, suggested adding language that might include the possibility of annexation of beneficial land such as industrial and commercial. Side 1, Tape 11(9:11 pm) Mr. Barczyk preferred choice #1. Mr. Coniglio preferred choice #5. Mr. Heptinstall agreed with choice #1 or #4 with some language regarding an opportunity for industrial and commercial Ms. Monier preferred choice #5. Mayor McCollum preferred choice #1. On MOTION by Mayor McCollum and SECOND by Mr. Barczyk question #1 for the annexation referendum failed on roll call vote of 2 -3 (Coniglio, Monier, Heptinstall nay). On MOTION by Mr. Coniglio and SECOND by Ms. Monier question #5 failed on a roll call vote of 2 -3 (Barczyk, Heptinstall, McCollum nay) On MOTION by Mr. Heptinstall and SECOND by Mr. Coniglio, question #4 passed on a roll call vote of 5 -0. 14. CITY MANAGER MATTERS 04.180 A. Potential Proposals for City Council Board and Committee Appreciation Function(s) (no backup) The City Manager advised the Employee Appreciation Picnic will take place on October 23, 2004 at Riverview Park; and that the Holiday Awards Banquet takes place in December and that staff had concluded that the committee members could be invited to attend both functions; or that the City Council may want to have a separate function for committee members. Mr. Coniglio and Mayor McCollum said they did not want to have employees feeling uncomfortable or doing any additional work, however, it was the consensus of Council to include committee members in both activities. 7 Regular City Council Meeting August 25, 2004 Page Eight Other Matters Reported that the Cain House move is delayed due to FPL crews on west coast however David Brown gave the City approval to take as much time as needed 15. CITY CLERK MATTERS Reported on early voting taking place in the City Clerks office for the August 31s primary and said they will be there Thursday, Friday, Saturday and next Monday from 8 am to 4 pm for citizens to participate. 16. CITY COUNCIL MATTERS A. Mr. Heptinstall None. B. Mr. Coniqlio None. C. Ms. Monier 04.192 i. Rezoning Within the Community Redevelopment District (no backup) Ms. Monier asked the Community Redevelopment Advisory Committee to bring Council information on rezoning properties within the district in line with the vision for the area. The City Attorney advised that the property is zoned industrial but the land use is also industrial and it to would have to be amended. Mayor McCollum asked if it can be required that developers within the district have to appear before the Community Redevelopment Advisory Committee as well as Planning and Zoning. The City Attorney said a moratorium could be placed on certain uses, or an overlay put on it to eliminate allowed industrial uses, which may be unfavorable. He said it would be about nine months before the overall comprehensive plan is amended to change the land use. Mr. Barczyk asked if a moratorium can be placed after a Planning and Zoning approval is given. The City Attorney said Council could consider an overlay and identify specific unwanted uses within the triangle and initiate a text amendment, which doesn't have to go through the state. The City Attorney said he would put a copy of industrial uses in Council boxes and they can review them and then a CRA triangle industrial overlay can be put in place. 8 Regular City Council Meeting August 25, 2004 Page Nine Approved at the Sept. 15th, 2004 ATTEST: N athan B. McCollum, Mayor Sally A. Maio, C)14C, City Clerk Mr. Heptinstall said this Council just approved a man putting a site on High Street for car storage and said he did not want to get caught in a problem with him if uses are limited. Ms. Monier said the automotive properties on the south side of CR512 are not in the district. The City Attorney noted the south side is in the district but it will stay industrial and the triangle will have improved architectural standards according the master plan. 04.192 ii. Implementing Planning and Zoning Recommendation Architectural Styling for Community Redevelopment District (no backup) Ms. Monier requested direction to the Community Redevelopment Advisory Committee to review the architectural plans so that new developments will incorporate the desired appearance. D. Mr. Barczyk None. E. Mayor McCollum On MOTION by Mr. Coniglio and SECOND by Ms. Monier, Mayor McCollum was authorized to send a letter of support for designating the River School a Charter school on a voice vote of 5 -0. Requested the placement of Port -a -Lets at small parks. The City Manager said he would take care of it. Asked that people be kept in the loop on the Laconia Street project and requested sidewalks be included. 17. Being no further business, Mayor McCollum adjourned the Regular Meeting at 10:10 p.m. Regular City Council Meeting. 9 Dear Educators and Community Leaders, A proposal for a new charter school will soon be submitted in Indian River County. This school will be specially designed to serve children who have difficulty learning to read. The enclosed summary briefly describes our goals and plans. We are in the process of gathering letters of community support, and we would be very pleased to have your help. Letters of support can take many forms. They could address the need for such a school, or the suitability of the methods to be employed, or the credentials of the founders, or anything else you might you might like to add. Letters should be addressed to the Indian River County School Board but mailed to The River Charter School, 11105 Roseland Rd., Box 5, Sebastian, FL 32958 so that we can submit them with our proposal during the last week of If would like to learn more about our plans for the school, please feel free to call me at (772) 388 -1259. Sincerely, Edna Matagiri Perkins Director of Development The River Charter School Founders and Initial Organizers The majority of the school's founders have been associated with the River School, which has been operated as a private school (preK -12) by the Kashi Foundation in Sebastian since 1979. The original River School will close at the end of the 2004 -05 school year, making way for a new independent 501(c)3 corporation to govern the River Charter School in accordance with Florida law under the supervision of the Indian River County School Board. The River Charter School will lease existing classroom faciltiies from the Kashi Foundation. Another institution which has helped in the development of this proposal is the Einstein Montessori School, which operates successful charter schools for dyslexic students in Gainesville and Cocoa. We have adapted large parts of our program from Einstein Montessori. The following are brief summaries of the qualifications of the initial organizers. The seven member River Charter School Board of Directors will include some of these founders, as well as at least two parents and other interested members of the community. Ramayana Baba has a BFA with an emphasis in education, and taught art and life sciences at all grade levels at the River School: He has attended numerous workshops on -teaching and assessing students with leamingdisabiities, and is currently enrolled in the ESE graduate program at FAU, leading to a Master's in Education in 2005. Dr. Douulas Canterbury- Counts is a clinical psychologist in private practice in Vero Beach, and a former member of the adjunct faculty in the School of Education at Florida Atlantic University. A large part of his current practice involves providing assessment and therapy to children and youth with teaming problems. Aniani Cirllo trained teachers for the Peace Corps and then served as Principal of the River School for 25 years. She has attended educational leadership workshops at Harvard University. Susan Hathawav completed her Montessori teacher training and directed the pre- school at the River School for 17 years. She has been trained in the Lindamood-Bell teaching methods, and for the past year has applied these techniques at the Make Your Mark Leaming Center in Vero Beach: Zach Osbrach was a successful builder, but he never forgot the pain of being a dyslexic student in a traditional classroom. He started the first Einstein Montessori School in Gainesville and in 2003 opened another school in Cocoa, where he now serves as director. Edna Perkins was a teacher at the River School for 20 years, as well as serving as a guidance counselor, department chair, andgoveming board member. She is currently an adjunct professor at Brevard Community College in psychology and developmental reading. The River Charter School- An Introduction The Mission The mission of the River Charter School is to create a rich, individualized learning environment for children who have experienced early reading problems. The school will help these students acquire the essential academic and social skills expected of all elementary and middle school students, will help them manage their disability, and will ease their transition into high school general education programs. Further, our goal is to help our students develop competencies and foundational skills that will help them to enjoy a productive, full, and satisfying life. The Problem Being at a disadvantage in traditional classrooms, dyslexic students often struggle, suffer low self esteem, consume a disproportionate share of resources, and may disrupt the learning environment Many eventually drop out. From there, socio-economic forces may further influence them toward drug or alcohol abuse and criminal behavior. Those who stay in school often require remediation in reading all the way through college, creating a burden on higher education. Dyslexia is defined as a specific learning disability is neurological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge (Definition adopted by International Dyslexic society and National Institutes of Heath 2002). A recent study in Connecticut suggested that as many as 20% of students are at least mildly dyslexic, which would translate to 3000 students in Indian River County! lf, as studies suggest, dyslexics have normal or above normal intelligence, this represents an enormous waste of both human potential and community resources The River Charter School will, in a small way, begin to address this need and possibly serve as a model for similar programs in the future. The Program The River Charter School will offer a comprehensive full -day program, which will follow county curriculum guidelines and Sunshine State Standards. However, we will place special focus on intensive reading and language learning and remediation. The reading/ language arts program will rely on several existing research -based curriculums, such as the Lindamood -Bell UPS and Seeing Stars programs, the Wilson reading method, and the Language! Program. Such programs have good records of success in intensive (and expensive) private reading programs, but have rarely been used in public school settings. However, the Einstein Montessori schools in Gainesville and Cocoa have successfully moved these techniques into the classroom, and we have adapted much of our program based on their experience. The school will serve up to 72 students, third grade through eighth grade, with a teacher- student ratio of not more than 1 -12. We start with grade 3 because an assessment of dyslexia is often not clear until students fail to move toward independent reading with their peers. We continue through grade 8 to support our students in middle school and prepare them for high school. We are committed to teaching to a student's strengths by using non- verbal, alternative methods both for teaching and assessment. This leads' us to an emphasis on strong arts programs, project -based learning in all subjects, and an emphasis on computers both as learning aids and as alternative methods of expression. We will address not only the academic needs of our students, but also their social and emotional needs. We will help our students to develop a; stronger sense of self and become effective advocates for themsetves as they learn to manage their learning disabilities and prepare for the future. The school will be a community where differences are accepted and all are treated with respect. Ms. Anjani Cirillo Director of Community Relations Kashi Foundation Roseland Road Sebastian, Florida 32958 Dear Ms. Grillo: sumanmi HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589 -5330 FAX (772) 589-5570 August 26, 2004 During the August 25, 2004, Sebastian City Council meeting, the Council unanimously approved your request of August 16, 2004. Therefore, on behalf of the entire City Council, it gives me great pleasure to offer this letter of support for your efforts in obtaining "charter school" status for the River School. For nearly 25 years, the River School has provided excellent educational opportunities for students throughout our area. The students attending the River School have excelled in their studies and many have graduated with high honors. The faculty and staff of the River School are greatly respected for their accomplishments as they strive to provide quality education for all who attend this institution. As we look to the future, specialized educational needs continue to be one of the most important issues for any community. 1 applaud your efforts to establish a specific chatter school for children with reading disabilities. I know many children with reading disabilities will benefit from the specialized curriculum developed by your faculty. And, the charter school designation will make this most important curriculum available to all children. Once again, please accept this letter as the Sebastian City Council's endorsement of your efforts to obtain charter school status for the River School. As always, if I can be of any assistance, please do not hesitate to contact me. Sincere! Nathan B. McCollum Mayor City of Sebastian An Equal Opportunity Employer' Celebrating Our 75th Anniversary Name: New Subject: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN -UP SHEET AUGUST 25, 2004 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA'- LIMIT OF 5 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item Please raise your hand when he calls for input. T s Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: POTENTIAL REFERENDUM LANGUAGE 1. Should Sebastian annex any more land for residential development? Yes No 2. Should Sebastian annex any more land for residential development? Yes No It depends on the situation 3. Should Sebastian continue annexing land along the CR 510 corridor? Yes No Only if it contains commercial properties land next to the City is designated for development, should the City annex it? Yes No 5. Which government should control development along Sebastian's borders? City of Sebastian Indian River County FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME MIDDLE NAME Coniglio, Raymond G. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Sebastian City Council MAILING ADDRESS 941 Carnation Drive THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: TO CITY 0 COUNTY 0 OTHER LOCAL AGENCY GITY an COUNTY Indian River NAME OF POLITICAL SUBDIVISION: City Council DATE ON WHICH VOTE OCCURRED 8/25/04 MY POSITION IS: a ELECTIVE 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 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 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 fling 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 or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss 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, brother, sister, 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 min- utes 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 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. (Continued on other side) CE FORM 8B EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) 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. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: 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. Ray Coniglio o -2C -OV DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on Augus t 25 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I serve as vice president of Keep Indian River Beautiful. The vote I abstained from authorized the City Manager to execute an office space lease between the City of Sebastian and Keep Indian River Beautiful. Date Filed Signatur 20 04 by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB EFF. 1/2000 PAGE 2