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HomeMy WebLinkAbout04222009cm~~ $,~~E71~11~ ~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 22, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. Pastor Barber of the Community Baptist Church gave the invocation. 3. The Pledge of Allegiance was led by Vice Mayor Hill. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Deputy Police Chief, Michelle Morris Police Captain, Greg Witt Parks Supervisor, Chris McCarthy MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council members None. 6. PROCLAMATIONS AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 09.002 A. Certificate of Appreciation to Jennifer Brown for Parks & Recreation Service Mayor Gillmor presented the certificate to Jennifer Brown, who thanked the Committee. Regular City Council Meeting April 22, 2009 Page Two 09.071 B. Proclamation -National Nurses Week May 6 - 12, 2009 1 Mayor Gillmor read the proclamation for Nurses' Week. Inez Fielding arrived at this point and accepted the proclamation. Ms. Fielding thanked the citizens for the recognition. Brief Announcements Ms. Simchick invited the public to participate in the American Cancer Society's Relay for Life this Friday and Saturday at the Sebastian River High School. Ms. Coy invited the public to register for Summer I and II classes at the Sebastian campus of the Indian River State College. Mr. Wolff announced and congratulated the Indian River County high school seniors that participated and took first place today in a statewide academic competition. 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 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 his/her hand to be recognized. 3-10 A. Approval of Minutes -April 8, 2009 Regular Meeting 09.041 B. Approve Stan Mayfield Working Waterfront Grant Agreement and Confidentiality 11-30 Agreement with Florida Communities Trust and Authorize the City Manager to Execute (Growth Management Transmittal, Agreement) 09.064 C. Approve Go-Line Grant Contribution as Requested, Subject to FY 2010 and 2011 31-33 Appropriations ($50,000 in October 2009 and $50,000 in October 2010) (Finance Director Transmittal, Local Option Gas Revenue Update of Current Capital Program) 09.072 D. LoPresti Airport Lease -First Amendment (City Manager Memo, Airport Director 35-62 Transmittal, Lease and First Amendment to Lease) 09.073 E. Approve Early Retirement Buy-Out in the Amount of $18,519 from FY 2009 s3 Budget (Human Resources Transmittal) 09.074 F. Approve Craft Club of Sebastian Annual Shows in Riverview Park and Request 65-75 for 50% Fee Waiver - 10/3/09, 11/14/09, 12/5/09, 12/6/09, 1/2/10, 2/6/10, 3/6/10, 4/3/10, and 5/1/10 from 9 am to 3 pm with Rain Dates 10/4/09, 11/15/09, 1/3/10, 2/7/10, 4/4/10 and 5/2/10 (Park Supervisor Transmittal, Application, Request and Member List) 09.075 G. Approve Sebastian River Art Club Annual Shows in Riverview Park and Request 77-82 for 50% Fee Waiver - 11/21/09, 12/12/09, 1/16/10, 2/27 & 2/28/10, 3/20/10, and 4/10/10 10 am to 4 pm with Rain Dates 11/22/09, 12/13/09, 1/17/10 and 4/11/10 from noon to 4:30 pm (Park Supervisor Transmittal, Application, Brochure) 2 Regular City Council Meeting April 22, 2009 Page Three The Mayor requested to pull item G and Ms. Simchick requested to pull item D. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve the Consent Agenda items A, B, C, E, and F. Roll call on the motion was as follows: Ayes: All Nays: None Passed 5-0 Item D Ms. Simchick said she had a dissenting vote for the original lease at the Airport and would remain consistent. MOTION by Ms. Coy and SECOND by Mr. Hill to approve item D. Roll call on the motion was as follows: Ayes: Hill, Coy, Wolff, Gillmor Nays: Simchick Passed 4-1 Item G The Mayor said he felt that he had a conflict with this item and would abstain from voting. MOTION by Mr. Hill and SECOND by Ms. Coy to approve item G. In response to Mr. Hill, the City Attorney advised that the Mayor could remain on the dais during the item. Roll call on the motion was as follows: Ayes: Coy, Simchick, Wolff, Hill Nays: None Passed 4-0 (see abstention form attached to these minutes) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 09.002 A. Parks & Recreation Advisory Committee 83-94 i. Interview, Unless Waived and Submit Nomination for Regular Member Position -Term to Expire 5/31/11 -Fill Vacant Alternate Position if Deemed Appropriate (City Clerk Transmittal, Applications, List, Ad) Mayor Gillmor called for the applicants and there was no response. The Clerk announced one of the applicants is an alternate member who would like to move to the regular member position, and if so, Council could fill the vacant alternate position. 3 Regular City Council Meeting April 22, 2009 Page Four MOTION by Mr. Hill and SECOND by Ms. Coy to appoint Mr. Adams to the regular member position. At this time, it was noted that the applicants were in attendance. Alternate Jerome Adams was briefly interviewed. Mr. Adams was appointed by a voice vote of 5-0. Jay Van Arsdall was briefly interviewed. MOTION by Mr. Hill and SECOND by Ms. Coy to appoint Mr. Van Arsdall to the alternate position passed with a voice vote of 5-0. 9. PUBLIC HEARINGS 08.019 A. Ordinance No 0-08-10 (LEGISLATIVE) -Comprehensive Plan - (GMD 95-100 Transmittal 0-08-10 w/ Exhibits A and B) (add'I backup under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE COMPREHENSIVE PLAN - GOALS, OBJECTIVES & POLICIES AND DATA INVENTORY & ANALYSIS, FOR THE FOLLOWING ELEMENTS: FUTURE LAND USE, HOUSING, TRANSPORTATION, PUBLIC SCHOOL FACILITIES, CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ 3/24/09) The City Attorney read Ordinance No. 0-08-10 by title. Mayor Gillmor opened the public hearing at 6:47 p.m. The Growth Management Director recommended approval and authorization to transmit the amendment to the Department of Community Affairs for compliance determination. Mr. Wolff thanked her for the hard copy of the amendment and asked if there are any objections the City is not addressing. The Growth Management Director said that the City is providing a written response to all of the objections as well as the comments. There was no public input. MOTION by Ms. Simchick and SECOND by Mr. Hill to approve ordinance 0-08-10, comprehensive plan transmittal with exhibits A and B. Mayor Gillmor closed the public hearing at 6:49 p.m. Roll call on the motion was as follows: Ayes: Simchick, Wolff, Gillmor, Hill, Coy Nays: None Passed 5-0 09.061 B. Ordinance No 0-09-03 -Florida Power and Light Franchise (City Clerk 101-114 Transmittal City Attorney Transmittal dated 3/18/09, 0-09-03) 4 Regular City Council Meeting April 22, 2009 Page Five AN ORDINANCE GRANTING TO FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROV-DING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE. (PJ 4/8/09) The City Attorney read Ordinance No. 0-09-03 by title. The Mayor opened the public hearing at 6:50 p.m. The City Manager said this is our standard operating procedure for a franchise agreement; the modifications are that the franchise fee has gone up, there is a favored nation clause that allows the terms to change if there are changes to the Brevard or Indian River agreement, and there are added green initiatives. He recommended approval. Damien Gilliams, 1623 U.S. Highway 1, asked if there is a provision for homeowners to sell back electricity to FPL if they have solar roof shingles. The City Attorney said that was included in the agreement. Mr. Gilliams asked the amount of franchise fees the City receives. The City Attorney said currently it is $1,161,951 annually and this new agreement will provide $35,000 additionally for a total of $1,196,232. Mr. Gilliams asked if the City's benefit could be reduced to be passed onto homeowners. Ms. Simchick pointed out that by adding more money to general fund through the new agreement, we are able to provide more services with less ad valorem. The City Attorney advised that the state establishes the rates; FPL has changed their formula and approached the municipalities to begin with the new formula sooner to receive the benefit. He advised the other benefit to the City is there will be no withholding period under the new agreement and the City will be paid each month. Mr. Gilliams asked for the procedure in obtaining street lights. The City Manager explained it is done on an as-requested basis; the City petitions and pays FPL to put up the light; and it is approximately $250,000 of the City's annual budget. Mr. Gilliams said our franchise with Waste Management assists with festival dumpsters and the City should put in the FPL agreement that we should not be charged for street lights. Mr. Gilliams suggested putting up windmills on the conservation area behind City Hall to offset the electric at the municipal complex and college. Mr. Hill pointed out in this agreement; the City can generate their own electricity. Mr. Gilliams asked if FPL will give grant money for that. Mr. Hill said that would be a different item than the franchise agreement. Ms. Simchick pointed out that the lease is beginning three years early, which is beneficial to the City and unlike Comcast, is a sole source provider. Mayor Gillmor closed the hearing at 7:03 pm MOTION by Ms. Simchick and SECOND by Ms. Coy to approve the final adoption of Ordinance 0-09-03 for Florida Power and Light franchise agreement. Roll call on the motion was as follows: Ayes: Wolff, Gillmor, Hill, Coy, Simchick Nays: None Passed 5-0 Regular City Council Meeting April 22, 2009 Page Six 10. UNFINISHED BUSINESS 09.048 A. Economic Development Issues (City Clerk Transmittal, Economic Development 115-134 Plan as Adopted by R-09-11 2/18/09 and 3/11/09 Minutes) i. Tax Abatement Credits ii. Other Incentives -Objectives 2 and 3 The City Manager said the property tax abatement credits were discussed at a previous meeting and this will need to go to referendum. He explained the referendum cost would be higher if we did a ballot question alone as opposed to going in on the County's ballot. He recommended going with the County's referendum. He also said the other incentives 2 and 3 are there for discussion and direction to move forward. Mr. Wolff asked if there are other economic issues that can go to referendum. The City Manager said that could be possible. Mr. Wolff asked what the County has decided. The City Manager said he has heard that the County was going to put this on the November ballot as well. Ms. Coy said we need to be consistent with the County because they have a bigger draw than what the City can offer. Ms. Simchick pointed out companies just have to go across the city line and to lose the City's millage rate. Mr. Hill agreed and suggested that we familiarize ourselves with County's effort and educate the public. He noted there appears to be a consensus of Council to be in step with the County. Mr. Wolff said the point made that this is for existing businesses is important. Mayor Gillmor agreed that we should at least watch what the County is doing. Ms. Coy asked that Commissioner O'Bryan be called because this has not been mentioned at the County Economic Development meetings. Mayor said he was planning to attend an Economic Round Table in Port St. Lucie to benefit the Treasure Coast and keep the dollars in the local economy. The City Attorney advised that according to Florida Statutes, if the County and the City decided to go forward with the property tax abatement referendum, it could be a single question on the ballot for both entities. The Mayor cautioned that countywide citizens could cancel Sebastian's effort. Damien Gilliams, 1623 U.S. Highway 1, suggested waiving the occupational licensing fees for one year. 6 Regular City Council Meeting April 22, 2009 Page Seven 11. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. Michael Pearce, with daughter, Krystal Evans, said he lives next to 519 Wimbrow Drive which has recently been on national news. He said there has been concern for ten years regarding the property which he had addressed with the previous City Manager. He said the property has had several code violations, non-compliance/numerous warnings to deal with and resolve; and the smell and nuisances have been deemed a health and safety issue by the City Code Enforcement. He cited the concerns are offensive to the senses, rendering persons insecure in life, not being able to use property, and animal odors. He said County Animal Control officers Jerry Dixon and Rick Hallenbach were pivotal in waking up the community. He said there has been ahands-off attitude by the City, the property owner has been given 30 days to comply, there is a full dumpster in the yard posing a serious health hazard, and Waste Management will not pick up the debris. He asked what could be done about this. The City Manager said there are a number of issues at the property and there was nothing they could say that would ease the eeriness of what occurred at 519 Wimbrow Drive. He explained the complaints didn't rise to his level until the Building Official went with the Code Enforcement Officer to see if the building was structurally safe. He explained the three issues of the City are: Continuing the cleanup of an abatement situation; the decomposing body; and the crime scene. He said once the crime scene was opened up by the Police Department, the City moved forward to get the property remedied. He said the City did advise Waste Management not to clean the room where the decedent was found and the City did charge the owner to remove the contents of that room properly; and once that was cleaned, Waste Management could remove debris. He said the City was operating under the assumption that the room was cleaned properly and the contents of the dumpster are not from the contaminated room so the owner could continue to clean and move forward. The City Manager said there are other building issues that he was not prepared to speak on but the property continues to be managed. Mayor Gillmor asked if the City could speed up the removal of the debris. The City Manager advised the property owner has 30 days through the abatement process. In response to Mayor Gillmor asking about the filled dumpster, the City Manager said if the City Attorney thought the rules could be jump-skipped, so be it. Mr. Pearce said the owner has been given every opportunity to comply and hasn't; she is a criminal who doesn't have the mental capacity to do what she has been told to do for over a decade. The City Manager stated the criminal process should be separated from the abatement process, noting it is emotional. He said to date, the abatement process is moving along. He explained the second issue as to why the City has taken so long is that typically, the City does not enter a home, but due to the odor and cats, the Building Official thought 7 Regular City Council Meeting April 22, 2009 Page Eight that maybe the structure wasn't safe and then the circumstance was discovered. He continued to say the lingering criminal issues may go through the federal system, but the City plans to keep in touch with the owner's defense attorneys to make sure the property gets cleaned up. Mayor Gillmor asked if the City could dump the dumpster now. The City Manager advised we have to follow abatement process. Ms. Coy asked if it is certain the Health Department has cleared the area. The City Manager said the Police Department has cleared the area. Ms. Evans said she spoke to County Health Official, Charles Vogt, who said the area was cleared but this was before the body was found and she was not sure Mr. Vogt went back out to the property. Ms. Coy asked that the City make sure the County Health Department cleared the area. The City Manager clarified the Police Department has cleared the area of biohazard materials. Mr. Wolff asked if the City could pay for unloading the dumpster. The City Manager stated not until the time allotted for abatement has expired, then it can be cleaned. Mr. Wolff asked the City Attorney, who responded it is a possibility but it is the property owner's responsibility, and the City should verify the facts out there. The City Manager said if the City wants to foot the bill, we can clean the property for her. Mayor Gillmor said he would favor aone-time payment for the dumpster. Ms. Simchick said she would be in favor and would like verification that the Health Department responded post incident. The City Manager said one-time would not be an issue and he would verify the Health Department cleared the property. Ms. Pearce said they have made complaints to Code Enforcement to have the property owner close the bedroom window but she has not and asked if anything could be done, and said the house should be leveled. Mayor Gillmor said Council was in consensus on the one-time dumpster removal. The City Manager said he would look into having the window closed. Joe Scozzari, Sebastian, said there are PVC-lined dumpsters which should be used in cleaning up the property. Damien Gilliams, 1623 U.S. Highway 1, thanked the Council, the City Manager, Bucky, and the Public Works Department for having the derelict vessels removed from his property. He said three Port St. Lucie employees with a $350,000 budget received $38 M in grant money and suggested the City move in that direction. He said anyone Regular City Council Meeting April 22, 2009 Page Nine that would like to donate their old prom dresses or shoes could bring them to the Pelican Laundromat between 7:00-10:00 a.m. or 3:00-7:00 p.m. and his daughter and son would have them dry cleaned for any young girls that cannot afford to buy a dress or shoes. He gave the Laundromat's phone number, 388-1827, if more information is needed. Jim Sunnycalb, discussed incidents regarding the plaque dedication and asked permission to set up a site at Riverview Park this Saturday in memory of local songwriter/singer Pete Harris and collect money in his name for the American Cancer Society's Relay for Life. The City Manager said it is not a typical park use request but if Council knows that Mr. Sunnycalb is collecting money they could probably make a general exception. Mayor Gillmor asked Mr. Sunnycalb if he is in contact with the chairman of the Relay for Life event. Mr. Wolff said this is slippery slope and Ms. Simchick asked if the City should allow him to tie a hammock to the Park's trees. The City Attorney advised if this is done, Council will have a hard time denying requests from others; and noted by policy action is not typically taken by Council during Public Input. Ms. Simchick suggested he set up a Pete Harris campsite at the Relay for Life event at Sebastian River High School, and she would provide him with the phone number. 12. NEW BUSINESS -none. 13. CITY ATTORNEY MATTERS -- none. 14. CITY MANAGER MATTERS -none. 15. CITY CLERK MATTERS -none. 16. CITY COUNCIL MATTERS A. Vice Mayor Hill Mr. Hill invited the public to the American Cancer's Society Relay for Life event this weekend at Sebastian River High School. B. Council Member Coy -none. C. Council Member Simchick Ms. Simchick invited the public to have Mr. Hill and other celebrities serve them breakfast for the March of Dimes this Saturday at the Indian River Mall. 09.076 i. Weed Control/Herbicide Sprayinq in City (Chrono, Agreements) 135-143 9 Regular City Council Meeting April 22, 2009 Page Ten Ms. Simchick said there is a City pond sprayed by a homeowner who works in the pesticide field and a neighboring homeowner who is against pesticides. She noted the professional has the City's permission to do this but out of fairness, she requested consensus to have the City contractor take over the pond's spraying, as it does for other areas of the City. Mr. Hill said he understood why the professional would want to do this and it would be similar to a homeowner spraying their swales. The City Manager said there is a group that enjoys the professional's spraying and one vocal homeowner that would like to see less spraying. Ms. Coy said she is familiar with the history of this pond and the issue is the pesticide, it doesn't matter who is spraying, the homeowner is against all pesticides. Ms. Simchick pointed out the professional has the City's written permission which is what she is opposed to. The City Attorney said the letter is protecting the City from his activities. She said the reason she bought this forward is because the last spray instigated a phone call and letter to her. Other members of Council said they had not received the letter she referred to. Mr. Wolff asked the City Attorney where this leaves the City in the event of a spill or contaminants in drinking water. The City Attorney said knowing what we know, providing the authorization which holds the City harmless there is no liability unless state or federal law has a strict liability; otherwise he did not think the City would have liability. Mayor Gillmor said if the City did the spraying, it would just redirect the anger. No action was taken. D. Council Member Wolff Mr. Wolff asked if anything can be done to help site and visibility with the newly installed pedestrian bridge on Barber Street. Ms. Simchick said there is a "dangerous intersection" sign on Barber, heading north, prior to Joyhaven Avenue. The City Manager said he did not recall the sign but he would look into it. Mr. Wolff asked if there was any way to improve the situation. Mr. Wolff said he has also received complaints on the bridge's aesthetics and he has wondered why the second tier of galvanized rail goes above waist level and if removing some of the rails might alleviate the aesthetics complaints. Mayor Gillmor said he has also wondered why the rails are high also and noticed kids climbing the rails. Ms. Simchick said the crest of the bridge does create a blind spot when heading east on Concha Drive. 10 Regular City Council Meeting April 22, 2009 Page Eleven E. Mayor Gillmor Mayor Gillmor said he had a conversation with Vero Beach's Vice Mayor, Tom White, who discussed the possibility of Sebastian going in together with their new clinic health care system. He asked the City Manager to look into this. He also mentioned that it is standard for other cities to provide health insurance for their councils and asked if there was consensus to bring this back for discussion. Ms. Coy said she would discuss it, but recently citizens didn't approve a Council pay raise so she wouldn't be inclined to give herself anything. Ms. Simchick said she is against it, serving is a part-time job with stipend pay, and benefits are more parallel for full-time pay. She said she took the voter referendum seriously. Mayor Gillmor said he understands that people do not serve because of the pay, but the public has pointed out that possibly the City could attract more folks to serve on Council if health insurance was offered. Ms. Coy said personal gain or benefit would be the wrong reason to serve. Ms. Hill said it is different than a pay raise but it is worth looking into if a council member could buy into it. Ms. Simchick said she would be in favor if they wanted to buy into it using their expense account. Mr. Wolff said to buy into it would be great but cautioned the receipt of benefits which are always discussed at budget time and the employee's rate should not be increased if Council is added to the pool. The City Manager said through this fiscal year, the renewal seems to be very favorable and staff did talk about a clinic. He said the concept that the facility and doctor are purchased can be risky on a bad year and the pools between Vero Beach and the County are segregated. He advised it may not work this year, but we will keep an eye on Vero Beach's experience and claims. Ms. Simchick pointed out there could be disgruntled employees that lose their family doctor; she asked about paying employees for opting out. Mayor Gillmor said the healthy ones will opt out, the sick ones will remain in the plan and rates will double and triple. The City Manager said his experience with opt out plans has also been negative because it is seen as counterintuitive. He advised that the City stay as we are, and look at the clinic. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:43 p.m. Approved at th May 13t`', 2009 Regular City Council meeting. ATTE T: /J Richard H. Gillmor, Mayor Sally A. Maio, MC -City Clerk PUBLIC INPUT SIGNUP SHEET This sign up sheet is only for individuals who are bringing new information to the City Council under the heading of PUBLIC INPUT. If time runs out prior to PUBLIC INPUT your name will be carried to the beginning of the next meeting agenda. Public input on other items on the written agenda does not require sign up. For those items you will be recognized by raising your hand. Name: '`1~/ ~ ~ ~~ L ~~~~ ~ Address/Phone #: (optional) ~~~ ~ - ~~H~ ~l Subject: ,~e~ ~..> ~/~ l ~~ Name: ~i~u~~it ~~G~i~s Address/Phone #: (optional) Subject: ~1~1 ~~~~L~t ~~.~ tr. ~~~S~G~YI. Name: Address/Ph Subjec e #: (optional) Name:.- Address/Phone #: (optional) Subject: ,> Name: Address/Phone #: (optional) Subject: Name: Address/Phone #: (optional) Subject: Name: Address/Phone #: (optional) Subject: Name: Address/Phone #: (optional) Subject: Name: Address/Phone #: (optional) Subject: Name: Address/Phone #: (optional) Subject: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Gillmor Richard H. Sebastian City Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 12 2 5 Main Street WHICH I SERVE IS A UNIT OF: COUNTY ~I CITY O COUNTY O OTHER LOCAL AGENCY CITY Sebastian , F L 3 2 9 5 8 Indian River NAME OF POLITICAL SUBDIVISION: City of Sebastian DATE ON WHICH VOTE OCCURRED MY POSITION IS: A p r i l 2 2, 2 ~ ~ 9 C~ 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 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 86 - 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 I, __ Richard H . G i 11 m o r_ __ ___, hereby disclose that on ____A~ r i 1 2 2 (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 c~on/fl~icting interest in the~m~easure is as followws: ~Yc t~ ~ (.,f~Q G~JI~' ( i~cr'f'~ ~ ~ ~ ~ •~ c~Yl C~^~P ( '~ W-~„~. ~ ~; ~ ~_ V r r 4-25-09 Date Filed 20 0 9 by which f r - --- ------------------ --- 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 8B - EFF. 1/2000 PAGE 2