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HomeMy WebLinkAbout10112006 SEBAST~ ~~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 11, 2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the Regular Meeting to order at 7:00 p.m. 2. Council Member Neglia led the Pledge of Allegiance. 3. Father John Morrissey, St. Sebastian Catholic Church, gave the invocation. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Citv Council Absent: Council Member Nathan McCollum (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Joe Griffin Records Program Manager, Donna Cyr Police Lieutenant, Greg Witt Park Superintendent, Chris McCarthy MIS Systems Analyst, Barbara Brooke 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-05-26) On MOTION by Ms. Coy and SECOND by Mr. Neglia, the agenda was accepted as presented on a voice vote of 4-0. Regular City Council Meeting October 11, 2006 Page Two 06.024 06.023 1-6 7-16 06.154 17-30 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS A. Certificate of Appreciation to Kari Lanninq for Construction Board Service Mayor Burkeen presented the certificate to Kari Lanning. B. Certificates of Appreciation to Code Enforcement Members: Ron VanBuskirk. Howard Brauer. Steve Lincoln. Clarence Barton. Barbara Beck. David Johns. Carl Anderson. Ed Dodd Mayor Burkeen presented the certificates to the Code Enforcement Board members present who were present. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising hislher hand to be recognized. A. Approval of Minutes - 9/20/06 Special City Council Meeting B. Approval of Minutes - 9/27/06 Regular City Council Meeting C. Consideration of Legal Fees for Council Members Coy & Neglia (Invoices) The City Attorney said for the record on the vote on item C, Ms. Coy would file a voting conflict on her legal fees and Mr. Neglia would file a voting conflict on his legal fees, and they would not be voting on their own item. Mayor Burkeen removed item C. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, consent agenda items A and B were approved on a voice vote of 4-0. ItemC Mayor Burkeen asked if there is another on-going ethics violation review by the State of Florida Ethics Commission or is this the only one. The City Manager said this is the only one that the City has been informed of. The City Attorney stated if he had knowledge of any current investigation or if any officer of the City had knowledge, because it is by law "confidential," we would not be allowed to discuss it. 2 Regular City Council Meeting October 11, 2006 Page Three On MOTION by Mayor Burkeen, and SECOND by Mr. Paternoster, Council agreed to pay Council Member Coy's legal fees on a roll call vote of 3-0 (Coy abstained - see voting conflict form attached) On MOTION by Mayor Burkeen and SECOND by Mr. Paternoster Council approved payment of Council Member Neglia's legal fees on a roll call vote of 3-0 (Neglia abstained - see voting conflict form attached). 8. COMMITTEE REPORTS/RECOMMENDATIONS - none. 9. PUBLIC HEARING 06.062 31-84 Public Hearina and Final Adoption of Proposed Charter Amendments for Placement on March 13. 2007 General Election Ballot A. Ordinance No. 0-06-09 - Proposed Charter Amendment Question #1 (City Clerk Transmittal. Ordinance Nos. 9-19. Leaal Ad. Website Information. Channel 25 Information) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 1.02(1) OF THE CITY CHARTER TO RESTRICT THE CITY'S ABILITY TO PURCHASE LAND; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 7:08 p.m. The City Attorney read Ordinance No. 0-06-09 by title, read the ballot question and explained its intent. There was no public input, and Mayor Burkeen closed the hearing at 7:10 p.m. On MOTION by Mr. Paternoster, and SECOND by Ms. Coy Ordinance No. 0-06-09 was adopted on a roll call vote of 4-0. B. Ordinance No. 0-06-10 - Proposed Charter Amendment Question #2 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE 2.06 OF THE CITY CHARTER TO PROVIDE FOR SUCCESSION TO THE OFFICES OF MAYOR AND VICE-MAYOR; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the publiC hearing at 7: 11 p.m. The City Attorney read Ordinance No. 0-06-10 by title, read the ballot question and explained its intent. There was no public input, and Mayor Burkeen closed the hearing at 7:12 p.m. 3 Regular City Council Meeting October 11 , 2006 Page Four On MOTION by Mr. Neglia, and SECOND by Ms. Coy, Ordinance No. 0-06-10 was adopted on a roll call vote of 4-0. C. Ordinance No. 0-06-11 - Proposed Charter Amendment Question #3 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTIONS 2.03 AND 2.06 (a) and (c) OF THE CITY CHARTER TO CHANGE ELECTIONS TO NOVEMBER; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 7: 12 p.m. The City Attorney read Ordinance No. 0-06-11 by title, read the ballot question and explained its intent. Mayor Burkeen said he had spoken to Kay Clem, Supervisor of Elections, who told him if the City held an election in November in an off year it would bear all administrative costs, and when held in conjunction with other November elections, Sebastian issues would always appear at the end of every ballot. Mr. Neglia said he had been told if we move to November, other cities in Indian River County might come in on November elections. Ms. Coy said she had heard both sides of the issue but that people were weighing in on November. The City Clerk said she had been given a ballpark of $53,000 and that the last election cost $28,000. Mr. Neglia said he thought the cost was $40,000. Mr. Paternoster said he had heard both sides as well and the majority of people were leaning toward November for a higher voter turnout. He said he also knows that other cities are thinking of going this way. The City Clerk said currently we share costs of the March elections with other cities in Indian River County. Mr. Paternoster asked for clarification that if the November elections passed, it could be not be changed for five or seven years. The City Attorney explained to Mr. Paternoster that Council can bring a Charter amendment to any election or special election without having it wait and be proposed by the Charter Review Committee. The City Clerk also noted that Florida law allows Council to change the time of the election by ordinance and without a ballot question, however, this was not suggested to Council because of its reputation for bringing issues to the people so it was brought forward as a Charter amendment for ballot. Mayor Burkeen closed the hearing at 7: 19 p.m. 4 Regular City Council Meeting October 11, 2006 Page Five Mr. Paternoster suggested some clause that states if it doesn't work we could go back to March. Mr. Neglia noted the cost of the stand-alone election would not be incurred until FY 2008/2009. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Ordinance No. 0-06-11 was adopted on a roll call vote of 4-0. D. Ordinance No. 0-06-12 - Proposed Charter Amendment Question #4 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.05 OF THE CITY CHARTER TO INCREASE COUNCIL SALARIES; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 7:19 p.m. The City Attorney read Ordinance No. 0-06-12 by title, read the ballot question and explained its intent. Russell Hermann, 586 Russell Court, said the Charter Committee recommended that the people should decide the increase of Council salaries and he urged that this question be placed on the ballot. Eugene Wolff, Wimbrow Drive, said he would like to keep the proposal on the ballot. Dale Simchick, 763 Easy Street, Sebastian, agreed that the issue should go to the ballot to put us in line with Vero Beach salaries. Mayor Burkeen said the committee was extremely generous, and for him, he did not get into this for the money, and thought it was an excessive amount. Mr. Neglia said he felt that the people should decide, and if we okay this we get a $300 expense account on top of this. He said he appreciated what the Charter Review Committee did, but recommended the salaries stay the same and only the CPllanguage be added. The City Clerk noted for the record that Mr. McCollum recommended that only the CPI language be added at the last Council meeting. Ms. Coy said perhaps we should adjust up the salaries and reconsider the expense account, and recommended maybe a number somewhere in the middle and that the people should decide. She said $600, $700 and $800 was suggested by Mr. Neglia at a previous meeting and agreed that this might be a better way to go. 5 Regular City Council Meeting October 11, 2006 Page Six Mr. Paternoster said the people should decide, and that he had heard negative comments only from Harry Enderlein of the Charter Committee. He agreed with Ms. Coy's recommendation of $600, $700 and $800. Damien Gilliams, Sebastian, agreed with Ms. Coy, noting the Charter Review Committee based its recommended salary on the position and not this Council individually and this needs to be taken into account if we want quality people on Council. Mayor Burkeen closed the hearing at 7:37 p.m. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-12 was adopted as amended to reflect salary amounts of $600, $700 and $800 respectively with the CPI remaining on a roll call vote of 4-0. E. Ordinance No. 0-06-13 - Proposed Charter Amendment Question #5 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.12(a) OF THE CITY CHARTER CONCERNING TIME AND NOTICE REQUIREMENTS FOR SPECIAL MEETINGS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 7:37 p.m. The City Attorney read Ordinance No. 0-06-13 by title, read the ballot question and explained its intent. He said the concern was there be sufficient time for notice and that meetings be held after 5 pm to allow people to attend but in cases of public emergency these requirements would not apply. There was no public input and Mayor Burkeen closed the hearing at 7:38 p.m. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-13 was adopted on a roll call vote of 4-0. F. Ordinance No. 0-06-14 - Proposed Charter Amendment Question #6 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.01 OF THE CITY CHARTER TO REMOVE CONFLICTS WITH THE COUNCIUMANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 7:39 p.m. The City Attorney read Ordinance No. 0-06-14 by title, read the question and explained its intent, stating that in a true Council-Manager form of government the Council sets policy and the City 6 Regular City Council Meeting October 11 , 2006 Page Seven Manager is supposed to execute that policy to achieve the Council's goals, such as how to set up departments and process. There was no public input and Mayor Burkeen closed the hearing at 7:40 p.m. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Ordinance No. 0-06-14 was adopted on a roll call vote of 4-0. G. Ordinance No. 0-06-15 - Proposed Charter Amendment Question #7 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT BUT RESOLVING CONFLICTS WITH COUNCIUMANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 7:40 p.m. The City Attorney read Ordinance No. 0-06-15 by title, read the ballot question and explained its intent, stating the Charter is your constitution and that many of the current provisions get into minutia and most provisions in this section are actually authorized by Florida law and by required law enforcement personnel certification requirements. He then explained the three branches of City government are the City Clerk, City Manager and City Attorney. He said by approving this it would remain the policy that the City will maintain a Police Department that will be administered by the City Manager. Dale Simchick, 766 South Easy Street, Sebastian, said she was confused with this language and requested further clarification. In response to Mayor Burkeen, the City Attorney said under Florida law in a Council- Manager form of government ultimately it is the City Manager who is in charge of the Police Department. Mr. Paternoster said he has done extensive research, had telephoned the Florida Department of Law Enforcement General Counsel in Tallahassee, who referred him to the regional representative Robin Davis. He offered an amendment to 3.06 (see attached to the minutes) for consideration. He said if this suggested language is not in the charter things can happen and we want to make sure we protect and serve our City, citizens and law enforcement personnel. Mr. Neglia said Mr. Paternoster's suggestion gives him something to consider. Ms. Coy said she was under the impression that police officers already have to comply with Florida certification requirements. 7 Regular City Council Meeting October 11, 2006 Page Eight The City Attorney said unless you are certified under Florida law, you are not allowed to be a sworn officer. Ms. Coy said she was satisfied with the explanation of the verbiage the last time we went through this, and hopes the public will understand it. She said the Police Chief had blessed this at Council's last meeting. The City Attorney said reorganization of agencies happens at the State level and agency designations can change. Mr. Paternoster then suggested adding that they have to meet or exceed state qualifications set forth by the State of Florida. Mayor Burkeen asked Mr. Paternoster if this would tie the City Manager's hands in that it would not allow him to create other voluntary enforcement personnel in addition to the sworn officers if this is the way the language read. Mr. Paternoster said he would not want to tie the City Manager's hands but would want the City Manager to hire the most qualified officers who meet the State requirements. Mayor Burkeen stated this is already required in the Statutes. Ms. Coy again said it is her understanding that we can add to State requirements if we want to exceed State requirements and it is redundant to add this language to the Charter if you are asking that they merely meet State requirements. The City Attorney then said everything we do in the City has to be done in accordance with State law so it is superfluous to add the language. Mr. Neglia said the City Manager does not hire the police officers, that the Chief does that. He suggested adding language referencing Florida law. Mr. Paternoster said there would be no requirement for the head of the department to be a sworn officer. The City Attorney said though there could be a director, there would have to be someone who is sworn in the chain of sworn officers who would be at the top. Ms. Coy said the Police Chief reports to the City Manager today, which is a civilian who is over the Chief, and it is not the intent of this Council to remove the Police Chief. She suggested a Chief be set out by ordinance and that will direct the City Manager to keep a Chief in place. The City Attorney said this would still direct the City Manager in an administrative area and if challenged in court it would be won. The City Attorney said the definition of law enforcement officer in Florida Statutes Section 943.10 includes all supervisory and command personnel. He said an there could be an administrative head who could handle budget and administrative matters but you would have to have what the State calls supervisory or command personnel who would have to meet State certified sworn officer requirements which is the equivalent of a Police Chief. 8 Regular City Council Meeting October 11, 2006 Page Nine Dale Simchick, 766 South Easy Street, Sebastian, suggested adding "and shall be headed by a Police Chief'. Mr. Paternoster said sworn law enforcement officers do not like to take direction from a civilian administrator. Damien Gilliams said the Chief reported to the Mayor before the City had a City Manager, and recommended that the Police Chief report to the Council but let the people decide. In response to Ms. Coy, the City Attorney said there are probably other cities somewhere who have Police Chiefs who are charter officers, however, if the City wants to go this way to make the Chief a charter officer, there are many other changes which would have to be made. Ms. Coy said she would not be prepared to rule on this tonight, would not be prepared to make the Police Chief a charter officer at this time and recommended we hold off on this for some further research of other cities and hear what the City Manager has to say. Mayor Burkeen closed the hearing at 8: 18 p.m. On MOTION by Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-15 was tabled for further research on a roll call vote of 4-0. H. Ordinance No. 0-06-16 - Proposed Charter Amendment Question #8 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.09 OF THE CITY CHARTER TO REMOVE PROVISIONS IN CONFLICT WITH CHARTER OFFICER AUTHORITY OF CITY ATTORNEY; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 8: 19 p.m. The City Attorney read Ordinance No. 0-06-16 by title, read the ballot question and explained its intent. He said this section merely removes language, which prohibits him from hiring an assistant as he deems necessary as other Charter officers are able to do. There was no input and Mayor Burkeen closed the hearing at 8: 19 p.m. On MOTION by Ms. Coy and SECOND by Mr. Neglia, Ordinance No. 0-06-16 was adopted on a roll call vote of 4-0. 9 Regular City Council Meeting October 11, 2006 Page Ten I. Ordinance No. 0-06-17 - Proposed Charter Amendment Question #9 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO DELETE SECTIONS 4.05, 4.10 AND 4.11 AND AMEND SECTIONS 4.02 AND 4.07 OF THE CITY CHARTER TO COMPLY WITH STATE ELECTIONS LAW; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 8:20 p.m. The City Attorney read Ordinance No. 0-06-17 by title, read the ballot question, and explained its intent. He explained this puts us back in line with Florida election laws relative to campaign reporting dates and removes other language that is set out in Florida law relative to ballots and voting methods that fall under the Supervisor of Elections' authority. There was no public input and Mayor Burkeen closed the hearing at 8:22 p.m. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, Ordinance No. 0-06-17 was adopted on a roll call vote of 4-0. J. Ordinance No. 0-06-18 - Proposed Charter Amendment Question #10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 5.03 OF THE CITY CHARTER TO SHORTEN THE CHARTER REVIEW CYCLE FROM SEVEN TO FIVE YEARS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 8:22 p.m. The City Attorney read Ordinance No. 0-06-18 by title, read the ballot question, and explained its intent to change the Charter review time from seven to five years. There was no public input and Mayor Burkeen closed the hearing at 8:23 p.m. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, Ordinance No. 0-06-18 was adopted on a roll call vote of 4-0. Mayor Burkeen called recess at 8:24 p.m. and reconvened the meeting at 8:30 p.m. All members present at roll call were present when the meeting was reconvened. 10 Regular City Council Meeting October 11, 2006 Page Eleven The followina is public hearinq and final adoption - not a charter amendment 06.151 85-89 K. Ordinance No. 0-06-19 - Council Expense Account (City Clerk Transmittal. 0-06-19) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, REGARDING COUNCIL EXPENSE AND CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (PJ 10/1/06) Mayor Burkeen opened the public hearing at 8:30 p.m. The City Manager read Ordinance No. 0-06-19 by title only. Mayor Burkeen noted this is a final reading of the ordinance for a code amendment for the Council's expense account. There was no public input and Mayor Burkeen closed the hearing at 8:31 p.m. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-19 was adopted on a roll call vote of 4-0. 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 Lee Skinner, 12975 Roseland Road, Roseland, said upon returning from being away for the summer she found there is constant air traffic overhead six days a week from 8 am to 5 pm, that she and her husband have flown for years and noted this has been an intrusion in her life and her habitat has been destroyed by this noise. She said it seems as though there was an agreement at one time that when improvements were done to the airport by former Council, former City Manager and former Airport Director they signed away resident's rights to have a say in what is over their heads every day by accepting funding from FAA. She said there is an understanding in every airport that you have to be a good neighbor, that Flight Safety is coming in and flying a training program for 200 pilots, citing a sample log she faxed to the City today (see attached). She said she has not spoken to many people yet, but said those she spoke to thought that the runway change was going to be better for them but instead it got worse. Mayor Burkeen said Jackie James had also offered comments on this and they were forwarded to the City Manager. The City Manager said the correlation between the opening of the new runway has a lot to do with this. He said there has been increased air traffic related to Flight Safety but would not capitulate to that there is a landing every one minute. Ms. Skinner clarified that the planes are not landing. 11 Regular City Council Meeting October 11 . 2006 Page Twelve The City Manager said in the 1950s when the City first accepted the airport it made promises for maintenance and management. He said there is a good neighbor policy in place and he had contacted Flight Safety to ensure they are using all the airports in the area and vary their flight patterns so they are not constantly hitting the same area. He said beyond that it is unreasonable to expect that Flight Safety be banned from the airport, because they would have FAA officials before us to tell us what they intend to do and at this stage feels he and the Airport Director have handled it. He said their discussion with Flight Safety was last Wednesday. Mrs. Skinner asked the City to look at her log and that the City Manager's negotiating stance is very far apart from the residents of the community. The City Manager said the City did not bring in Flight Safety, they are not a tenant and are allowed to use the airport as any private pilot can and we cannot restrict the airport to a certain type of pilot. The City Attorney said this is not a debate, it is time to hear the audience, and if Council wants to hear staff comments Council will ask for them. Mayor Burkeen advised Mrs. Skinner to address her comments to Council. He then concurred the City did not invite Flight Safety and cannot restrict them. Mrs. Skinner recommended privatizing the airport. The City Attorney said we cannot privatize the airport but we can give it back to the federal government, which could then do whatever it wants to do with it. Mrs. Skinner asked if it was possible to close the airport. The City Manager said we can manage the airport or give it back. He told the Council the City manages the airport and we have rules and regulations we have to follow that are governed by FAA and we do not have the option to close the airport. He said if the community were to want to close the airport, the next step would be to give it back to FAA and they would decide what to do with it, which would not necessarily mean closing it. Todd Klitinic, Barber Street, said he had an on-going problem on Barber Street with ditches that need to be fixed and culverts that are blocked up, said four months ago Mr. Minner promised him he would come out and handle the problem (he provided photos). He said he had told three members of the Council at the Sebastian Property Owners meeting that Mr. Minner should be fired from his job, questioned why City workers were doing the job instead of the contractor and called for a vote of "no confidence." Mr. Paternoster asked the City Manager why City workers are in the ditches cleaning, and the City Manager said he has explained this to Council on a number of occasions in detailed memos and we have talked about the process to split the duties whereby Conlon worked on the north and we worked on the south because we had equipment that could get in the ditches to speed up the process. He said we were going to do our very best to meet the October 1st deadline, however, most of the ditches identified have been cut on the south side. 12 Regular City Council Meeting October 11, 2006 Page Thirteen The City Manager said when he arrived in Sebastian the ditches were in terrible shape, and had not beelJ mowed in three to five years and in ten months as of October 11 Ih I11Pst of the CitY'$ ditches have been mowed and some have seen repeated mowing and sO!'T1e have been dredged out. He said Conlon crews are mowing and City crews are coming behind dredging and herbiciding. He said it has been a tough fight and thinks we have done well, and believes that this project has been one of his biggest accomplishments since he became City Manager. The City Manager said the culvert under the road in question is permanently plugged for flow pattern and it can be looked at again. Mayor Burkeen said the ditch mowing is under way and it was discovered that the referenced ditch was mowed once four or five months ago and well before the October 151 deadline. Mayor Burkeen asked him to give the Manager a chance because the ditch condition has come a long way. Damien Gilliams, Sebastian said this ditch cleaning is a monumental task and people need to be patient, said Nate McCollum called him and said he found money in Tallahassee for derelict boat removal, that he had asked him to find money for recreation on the riverfront, urged Council to make a wish list for funding from Pruitt, Poppell, Haridopolis and Mayfield; said he watched Bucky Gerber, CWA address Council and offered an idea to give staff bonuses by holding a barbeque cook-off and the money be used to reward City employees. He said he gave Dr. McGarvey a hard time at his press conference, discussed the 84 unit condominium as it relates to School Concurrency, said we have to be proactive and start planning today for next year's budget, said we need to put together an Economic Commission, bring back the Chamber, dust off the Patterson-Bach plan and use it. He congratulated the City Manager for bringing the City Attorney and City Engineer closer to him in City Hall. He recommended putting a breakwater on the Yacht Club ramp and seeking grant funds for it, and urged Council to start buying up property on the riverfront. Mr. Paternoster said Council and staff is working hard to get the Yacht Club back in shape and extend the finger pier. Mary ??, Helicon Terrace, requested a four way stop sign on Tulip and Barber Street due to increased traffic near Barber Street Sports Complex and the many children who cross the street there. Mr. Paternoster said Council will look into this but noted a Fire Department request for a stop light there was previously turned down. Mayor Burkeen said actually the fire department asked them not to put in a stoplight. Ms. Coy agreed traffic on Barber Street is horrifying. 13 Regular City Council Meeting October 11, 2006 Page Fourteen , The City Manager said this would be brought to the Traffic Committee though he stated '. .\ , th~t stop signs are typically not put up to calm traffic but to affect flow. He said he could guarantee the an~wer from the cqmmittee would be that it is not appropriate in this case. H~ said he would bring it to the committee and will report back. Mr. Paternoster recommended we try to get something in there. He said he would like to know how many accidents there have been. Joann White, Easy Street, said the new Easy Street playground is a hit and thanked Council. Eugene Wolff, Wimbrow Drive, commended Mr. Neglia and Ms. Coy for turning in reasonable bills for legal fees, and suggested the City look into an umbrella policy for these types of fees, and have a procedure put in place for these types of issues. Damien Gilliams said the SRHS Sharks Band would compete in Vero Beach this weekend. 11. OLD BUSINESS - None 12. NEW BUSINESS 06.153 91-95 A. Richard Frank of Kin Music Productions Reauest for Use of Barber Street Sports Complex Football Field for Concert on October 21, 2006 from 6 pm to 9 pm - Sale of Food and Pizza - All Proceeds to Local Thanksqivina Food Baskets (Parks Transmittal. Kin Music Productions Letter. Park Use Application) The City Manager explained the request for use of Barber Street Sports Complex for a concert. In response to Mr. Neglia, Chris McCarthy said he had suggested Riverview Park, and Mr. Frank said he had requested the Barber Street Sports Complex due to its proximity to the Skate Park because this is the type of youth they are trying to reach. He said this is to reach kids who don't go to church and present a Christian venue. Chris McCarthy suggested a location at Barber Street that is furthest from residences. Mr. Neglia said he did not like this location due to its proximity to homes, questioned whether two police officers would be sufficient and whether there would be more people than 50-300, asked staff why the letter came in on September 6th and it is just here now, and expressed concern that Barber Street be kept a sports complex and Riverview Park be used instead. Mayor Burkeen agreed with Mr. Neglia on his issues, and said he would feel more comfortable with the event in Riverview Park. 14 Regular City Council Meeting October 11, 2006 Page Fifteen Mr. Frank said the music would be Christian metal, would work with and through Winter Beach Baptist Church, Crossroads Church and others and is a Christian based outreach program. Lieutenant Greg Witt recommended a minimum of two officers based on the stated number in the application, though he thinks there will be more people, however, if it is in Riverview Park it will be easier to control. He agreed with Mr. Paternoster's recommendation that a third officer could be on standby if needed. Chris McCarthy said he already has an area of Riverview Park rented out for a birthday party and Mr. Frank said he could be flexible with the date. On MOTION by Mayor Burkeen and SECOND by Mr. Paternoster a concert in Riverview Park was approved and Mr. Frank was directed to work with City staff to determine an available date on a roll call vote of 4-0. The City Manager said he would report back to Council on the date that is selected. 13. CITY ATTORNEY MATTERS The City Attorney reported on the issue of legal fees for Council noting that when these come to Council, under case law, Council is to determine whether they arose in the course of public duties and decide the reasonableness of the fees; said in regard to the Police Chief matters, he has no qualms with Council reshaping the City government, but was trying to keep us internally consistent with policies in place, and hoped he had not come off as argumentative; advised that Barber Street will never be solved until it is widened and it will not function much longer as a two lane road; said the Construction Board is going to conduct a workshop to review language and recommend changes to Council relative to fine increases; reported on Clambake Festival entertainment and events and reported local musicians are getting topether to do a concert and there will be a fundraiser for Pete Harris on Friday, November 3r during the festival; and said he and the Growth Management Director will be meeting with Fish and Wildlife on overgrown lots. 14. CITY MANAGER MATTERS The City Manager said the RFPs for sidewalks and quarter rounds are out. 15. CITY CLERK MATTERS The City Clerk announced: . The Charter Review Committee had been scheduled to conduct its final meeting on Tuesday, October 17, 2006 at 5:30 pm and then be formally disbanded, however, based on the tabling of one of the Charter ordinances it will now be held on the Tuesday following the final action of Council . Student Government Day on Wednesday, October 18, 2006 in City Hall ending with a mock Council Meeting - 9 am to noon 15 Regular City Council Meeting October 11, 2006 Page Sixteen . City Council Public Workshop on the Airport Business Plan on October 24, 2006 at 7:00 pm . Veterans Day Memorial Service at Riverview Park on Saturday, November 11, 2006 at 11 am 16. CITY COUNCIL MATTERS A. Mr. Paternoster Mr. Paternoster said his public forum would take place on October 24th from 5:30 - 6:30 p.m. to provide time for setup of the Council workshop; reported that Waste Management is dealing with staffing issues which put them off schedule but is back on schedule and if someone is not being serviced properly please call him at 589-6346. Mayor Burkeen said customers should call the City Manager so the complaints can be recorded. B. Mr. Nealia Mr. Neglia discussed an e-mail from Joann White about her concerns about children crossing Easy Street and said the Police Chief had addressed the concern by putting a school crossing guard there; and asked if we can lower the speed limit there because of the school. The City Manager said we can go to the Traffic Committee with this, and the City Attorney advised below 30 mph you have to do a traffic study. Mr. Neglia then suggested a stop sign and asked if the whole area could be 25 mph. Mr. Neglia said we need a fence at Easy Street, and a door at the splash pad to which the City Manager responded both projects are in the works. Mr. Neglia thanked the Chief for his handling of the Easy Street crossing; said people were drinking out on the fishing pier and suggested perhaps a sign could be installed. He then asked when the band shell would be here and Chris McCarthy reported the mobile stage will be here the week of the 23rd, and the fence for Easy Street and the door for the Splash pad would be delivered tomorrow. Mr. Neglia said his garbage truck is still coming for the dumpster behind his house at 6:10 a.m. C. Mavor McCollum - Absent D. Mr. Burkeen Mayor Burkeen said his Public Forum is Tuesday night with County Commissioner, Wesley Davis; displayed an anonymous letter with a photo of him and Mr. McCollum at Beef O'Brady's with a question mark and the word "sunshine" on the back of the envelope, noting they meet for dinner every Friday night and if anyone has any 16 Regular City Council Meeting October 11, 2006 Page Seventeen questions or allegations about where they are having dinner or the conversation taking place they can call him. E. Ms. COY Ms. Coy said Easy Street park is great but she is very concerned about speeding traffic there; thanked Council for approving her legal fees; said she is grateful to Council because the money came out of her pocket and we don't know if these charges are in Tallahassee and could be more; and thanked the public for their support throughout this ordeal. Mayor Burkeen asked since the charges were dropped, could we go after the people who made the complaint. The City Attorney said once the prosecuting officials review it and make the decision to proceed that takes the complainant out of it. He did say there is going to be a conversation between him and the head State Attorney concerning some of the things that happened in this and a willingness on their part to listen to someone who deals with the Sunshine Law on a daily basis might have saved the taxpayers a whole lot of money. 17. Being no further business, Mayor Burkeen adjourned the Regular Meeting at 10:14 p.m. Approved at the October 25,2006 Regular City Council Meeting. ~~ Brian' Burkeen, Mayor ATTEST: l) ~" .// ~,~7 / \;)/1 . "-__ CtVi. f- ( -I Ii Sally A. M~MC - City Clerk 17 Charter Revision SECTION 3.06. CREATION (Police Department) The City of Sebastian shall maintain its own police department for the protection of citizens and enforcement of laws. Said department shall be in compliance with. and meet or exceed the Iluidelines set forth bv the Florida Department of Law Enforcement (FDLE) criminal iustice standards and traininll commission for the emf!l!!yment of officers. OCT-10-06 (3:59 PM ELIHU B SKINNER 5615818996 P.01 ec., I, C N\ :A~~ ~~ th.J ~ d-~ / ~da/- ~~ ~ ~~? . if ' ~/\ . ;cJ~/ . . I . '--<../ ~ '--1 M&J at; e .' CJZJ (ucf \ '.I//IAW ~! : .~......: ~ ~~ '~fJ/) . ~~ ~cr"". ;3(, /f6: ()8 /0: -1 () i /: 10 //.'tT/ '/tL /();I3. IIJ:-i3 //-/~ 11.'5r-1 '--1:) /O;l~/ lo~'-1~ //:/1 1/.'5~ :45 II) i&5j /tJ:-i7 /1:';;/ II :57. . ~'61 /o.t!) _ /cf;!5(j 1'1'.-,;;::) //:ot} :. . :5~ /0: 0)0 /tJ:51 r'1':.3a IC=:<~S. : 64. / CJ ; ~tp cO · .5;t II . 33 /Q:):;ot. .. -7 ~,7.."' /1 ~'3~/ /0:;.05 . ~ I p.;;; / / ~.t5?J . ~ /0'./6 tP.O/ /().30 /1.02- /1.-'/6 .t.;?e~ :():3 10 :.33 /~:67 //.''Yc) F--~~~ 't) ;~,LI / () .' 3~ c; L ."-C.JH.~~~ - d ;. . : "I',~ ',':' ': . ," . l. .' ;' . .. ~ i1T~~~A.~ ~~'HU B SKIC~ A:;hs~:}b~ P..' WF"5LE l DAV}::.; C-A-- Vil./' oAL ft'Ec'LI A \...1'/ ,7, --#._. jJ /JJH"~ JJ AL Rit~40v ?!//ce..-rd.daltl" ~,/( ~~ ~? ,-, ~?S ~~j ~~c2~~ Lad ~ i C24u ,VhPb4ZU \#<~ , '4A.-/V~ a?! Y7kd4/~ ad ~lLu 'CU(J ~Ya4'U./ .0':cZA/ ~~cr-. kL 4,.' 3(] /)m, ''"~u tl~ ~ ~4rL c!GJ if., t>..'3{) lJ:6;"'{ C2L; 9: iir ~tL/ 7.I"Y 8:55 /-. 7.',A/7 ~:6~ Cbb!/~~~LJ (~ '/:It 8:57 ~AJ(~4tY c.-"o ~: ~y 8' ,'58 /I ~?:: -, --~ r0 ~~ ~~ o "017 8' :51' L--&~__~~_. tJ '-~-O'--- 8' : 6S- q.oM /7/UL ~Lj ~ <-h<J t:3 :? 1 ~tJ I . ,,~, . ?: 13 '9 :c:l2 ~ /J.L~V t:'i-j 9: 63 g .'~7 9 .:~_! ~k:: ~ L 9 A . .,~)~~~ ~. K /) . () 5 () ~JL 9,{j~ "6~ ?e-?d &':. s: ~ 9.'CJ8 8' . ~ "..) <1 :/ ,':)- FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD. COUNCil, COMMISSION. AUTHORITY. OR COMMITTEE S e...\o~~~~ c......~ CO......~ c..:,\ THE BOARD, COUNCil. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ITY D COUNTY NAME OF POLITICAL SUBDIVISION: \o~~~ ---.. ~ \ MY POSITION IS: 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 filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or 1055. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or 1055 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 1055 of a relative; or to the special private gain or 1055 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 88 - 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST c....'-c- I.A~~ '/2,-,-- 0>1 ----. he"'by disclose that on----19-/.1-L4R.~ \L)-. 20 0 b (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 oC______________________________________________________, by whom I am retained; or inured to the special gain or loss of ____________________________________________, which 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: ~ e.:.. """,,\0 IA,.," ~ ~................ ~ O~"'r\e-~\. ~~ ~QjJ I /{)b ______ Date Filed {J ff=" ,~ _::..._------- ' ------------ Signature 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 88 - EFF, 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNT~ MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS COUNTY -:::r: . N~E OF BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE ;;. ~II-S '/,.-.~ ~ / L:.P't/Wc...tJ- THE BOARD. COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON WHlc~RVE IS A UNIT OF: a-6rv I:l COUNTY I:l OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: ~ . LvO MY POSITION IS: ELECTIVE I:l 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 filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his 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 88 - 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. I S fJrLr/trfPtrt , DISCLOSURE OF LOCAL OFFICER'S INTEREST F Jf/~ G-2/-h- ,hereby disclose that on /0 / ( / F ,20~: (a~easure 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: , by ,which Da~i/~;'/; NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, 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 86 - EFF. 1/2000 PAGE 2