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HomeMy WebLinkAbout315 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 9, 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Rabbi Avram Skurowitz, Brauser Maimonides Academy, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 FAR Part 150 Noise Compatibility Study Update for the Ft. Lauderdale-Hollywood International Airport, presented by Leigh Fisher Associates Max Wolfe and Eric Bernhardt, Leigh Fisher and Associates, presented the FAR Part 150 Noise Compatibility Study Update. Mr. Wolfe advised a Part 150 submission to the FAA includes two elements: Noise Exposure Maps (NEM's) which identifies existing and future noise exposure conditions and Noise Compatibility Program (NCP) which recommends the measures to be taken in order to abate and mitigate adverse noise effects in the 65 DNL. He noted Broward County had made two previous Part 150 submissions to FAA in the past, one was approved in August 1989 and the other in November 1995. The 1995 NCP serves as the County's current framework for abating noise and promoting land use compatibility. Mr. Wolfe added that noise impacts have reduced since 1985. He further explained the Study area includes: ® Eight (8) individual jurisdictions o Extensive highway network, including the I-95 corridor o Waterways Dania Cut-Off Canal and the South Fork New.River Mr. Wolfe also mentioned they are considering several noise abatement measures which have been implemented at other airports. Mayor Flury asked Mr. Wolfe if this was the final version of their study. Mr. Wolfe advised this study is in the preliminary stages, and more public hearings are planned with other cities before it is finalized. Vice-Mayor Anton commented he would like meetings requesting input from the community, and some of the actual noise monitoring devices and the data they record plugged into the noise contours. Commissioner Bertino noted that because of the general knowledge of what is going on with the airport, we have a tremendous diminished value in real estate in the City which should be addressed. He remarked this situation has been going on for more than fifteen years and some type of compensation to affected property owners should be considered. Commissioner Castro confirmed with Mr. Wolfe that the EIS would look at environmental impacts while they are looking at noise impacts, and at some point the two issues will come together and they should find a way to mitigate them. She also asked Mr. Wolfe if they would be using the FAA model and if so, would they get the data from the FAA or do they create the data for possible future events. Mr. Wolfe responded the FAA creates the data for input into the model and Broward County and Leigh Fisher review it to see if it concurs. Both Vice-Mayor Anton and Commissioner Castro were concerned to see that no action has been taken to mitigate the current impact, before worrying about what would happen in the future. They asked the Leigh Fisher representatives to bring this information to the County for them to look into. Mayor Flury thought this study should be totally independent and have value. She further commented on the upcoming renovations at Opa Locka Airport in Miami and the possibility of using it for smaller airlines which would increase the already declining traffic at Hollywood-Fort Lauderdale International Airport at Dania Beach. Mayor Flury recognized some members of the Melaleuca Gardens Homeowners Association in the audience, as well as some representatives of the Airport Advisory Board. She encouraged the Homeowners Associations to contact Leigh Fisher Associates to make a presentation at their meetings. Mayor Flury added that copies of the presentation, which includes their email addresses and information, are available for the public. Finally; Mayor Flury thanked Leigh Fisher Associates for their presentation and stressed the fact Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. that this is a very important issue that affects the whole City. 4.2 Special Event approval for the Broward Invitational Extrication Competition to be held at'Bass Pro Shops, 200 Gulfstream Way, Dania Beach, on May 15-18, 2006. The event is sponsored by Dania Beach Fire Rescue. Commissioner Castro motioned to approve the Special Event approval for the Broward Invitational Extrication Competition; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Kurt Ely, Chairman of the IT Parker Advisory Board, advised the roof should be completed this week. He commented a new RFP for the IT Parker Center should be issued shortly. Mr. Ely referred to Item #8.1 on the Agenda, Banking Services Bid Award, and reminded the Commission that there are things that are legal and things that are right. Derrick Hankerson, Chairman of the Neighborhood Improvements Advisory Board, advised they would present the results of their surveys at the City Commission meeting on May 23. Jimmy Ta, 2127 Polk Street, Hollywood, volunteer for the Super Boat Host Committee, advised they will have a pep rally at John U. Lloyd State Park on Saturday, May 13, from 12:00 p.m. to 2:00 p.m. He invited everyone to attend. George Jason, 4549 SW 37'" Avenue, spoke on behalf of the Dania Beach Neighborhood United Association. He advised there would be a hurricane forum in the Commission Chamber at City Hall on Thursday, June 1 at 7:00 p.m. He noted representatives from Red Cross, Broward County and the City would explain what measures would be taken to prepare for hurricane season and how they will support the residents in the event of an emergency. He commented on the Bid Award Item on the Agenda, and stated sometimes the cheapest is not the best, and loyalty and respect are important issues to think about when making a decision. Mr. Jason further noted that Community Bank has been supportive of the City and that he has not seen any financial support or sponsorship from the bank that has been selected. Bobbie Hardge Walker, 137 NW 14'h Avenue, noted her house was built in 2004 and she wondered why her property value was higher than her mother's property which is located next Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. door. She further said that she already expressed her concerns to the Deputy County Attorney's office. Ms. Walker also commented she applied for a job with the City and was advised by the Recruitment Specialist that she would only qualify for the Custodian position. She expressed her disappointment and gave details of her education scores and professional degrees. 7. Consent Agenda Items removed from Consent Agenda: #7.2, #7.3, #7.7 and#7.13 7.1 Minutes: Approve minutes of Regular City Commission meeting of April 25, 2006 7.2 Travel Requests: Request of James Savage and Frank Crandon to attend the Building Officials Association of Florida Education Conference in St. Augustine, Florida on June 4-7, 2006, for certification purposes. (Estimated cost $1,737 - Remaining fund balance $308) Commissioner McElyea indicated one of the employees attending this Conference is thinking of leaving his job. City Manager Pato advised the City has a policy that if an employee attends a conference for certification purposes and he resigns from the City within one year of the course, he has to reimburse the City for the entire cost of the course. He added that there is speculation, although it has not been confirmed, that one of the employees has been approached by another company. He assured the Commission that if this is the case, the individual would not be attending the conference. Commissioner McElyea motioned to approve the travel request; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Resolutions 7.3 RESOLUTION #2006-076 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH KENNETH C. JENNE, II, AS SHERIFF OF BROWARD COUNTY PERTAINING TO FIRE INSPECTION, PLAN REVIEW, FIREWATCH, AND FIRE CODE OFFICIAL SERVICES WITHIN THE CITY FOR AN AMOUNT NOT TO EXCEED $15,000.00; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. City Attorney Ansbro read the title of Resolution#2006-076. Commissioner Castro would like to know if we would be using the County after our own staff has been utilized and as a backup only. She asked Chief Land for clarification. Fire Chief Ken Land responded that with the amount of projects the City is processing, we cannot keep up with Plans Review, so he contacted the County to see if they could help with the situation. .He received an agreement that covers several job descriptions that we do not need, since our intent is to use the Plan Review Specialist only. Chief Land requested Commission approval to hire a Plans Review Specialist whenever needed. Commissioner Bertino commented he takes exception to hiring outside people and placing it on the Consent Agenda and thought this type of item should be placed on the Regular Commission Agenda. He felt that City jobs are eroding and he would not want to go to an outside agency for this service. He would prefer to increase fees for cost recovery and charge the developers of those large projects, so we can hire a private company. Mayor Flury thought we added a person for Fire Inspections in the current budget. Chief Land clarified that they added a Fire Inspector who performs routine work, but does not do Plans Review. He confirmed for the Mayor that the Community Development Department has received complaints from developers stating that plans are being held up by the Fire Department. Laurence Leeds, Director of Community Development, noted that the Plans Review referred to by Chief Land, is the one that occurs when applying for a building permit. Mayor Flury agreed with Commissioner Bertino that she would not want anything to go to the Broward County Fire Department. She prefers that we pay an outside company which would provide better and quicker service for the same amount of money. Commissioner Bertino asked City Attorney Ansbro if it would be legal to go to cost recovery. City Attorney Ansbro noted that the City cannot charge cost recovery for Plans Review, the cost is already included in the permit fee. Commissioner Castro commented this is a back-up plan and we would need the extra resources if some of the proposed plans come to fruition. She would rather it go to another Fire Department, before sending it to a private business. Vice-Mayor Anton would like to know the difference in cost between a private company and a public entity, the specified time limit, and the level of service they offer. Commissioner McElyea thought $15,000 was not a lot of money. He asked Chief Land how the City of Hollywood handled their Plans Review. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. Chief Land advised he has tried to stay away from the City of Hollywood, but they could probably help. The City of Hallandale Beach uses the same agreement with the County. City Manager Pato felt some comments are not founded on facts. He knows the City of Hallandale Beach is using it, rarely, but successfully. City Manager Pato commented that he received a call from a Union representative who thought this was more complicated than it really is. He explained this is a fall-back position for Plans Review only, in order to speed up the process. He requested the support of the Commission on this matter so future projects could move smoothly and efficiently. Mayor Flury commented that the Commission is anxious to move forward with future projects, however she would like staff to research other options. She would prefer to contract this service with the City of Hollywood or the Town of Davie. Commissioner Castro motioned to approve Resolution #2006-076, for Plan Review only; seconded by Vice-Mayor Anton. The motion was defeated on the following 2-3 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner McElyea No 7.4 RESOLUTION #2006-085 • A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2006 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2006-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2006 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2006-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2006 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,May 9,2006—7:00 p.m. 7.7 RESOLUTION #2006-082 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR FUND TRANSFERS AND' APPROPRIATION OF FUNDS FOR FISCAL YEAR 2005-2006 AS A MID-YEAR BUDGET AMENDMENT; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-082. Commissioner Castro questioned if funds would be available to expand staff in the Code Enforcement Department. Laurence Leeds, Director of Community Development, advised there is one code position in next year's budget, as well as a Code Officer. Mayor Flury thought there were no decisions made at the Strategic Planning Session, it was only a Workshop. Commissioner Castro was concerned that some people are not building legally, mainly after the hurricanes last year. The residents are complaining and something needs to be done about Code Enforcement staffing, if funding is available. Patty Varney, Finance Director, noted the City currently has two vacancies, one for Code Enforcement Manager and one for Code Enforcement Officer. We do not have enough funds to hire more people. Commissioner Castro clarified for the record that no staff additions will happen this year and we are only replenishing the existing positions that we have. Commissioner Castro motioned to approve Resolution #2006-082; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 7.8 RESOLUTION #2006-088 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE MONITORING OF DEVELOPMENT ACTIVITY AND ENFORCEMENT OF PERMITTED LAND USES IN THE DANIA BEACH LOCAL ACTIVITY CENTER; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2006-084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA • AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TERMINATION, WAIVER AND RELEASE DOCUMENT PERTAINING TO A 1953 "HEAD TAX AGREEMENT" (PATRONS' ADMISSION Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. TAX) RELATED TO THE DANIA JAI ALAI FACILITY; PROVIDING FOR CONFLICTS; FURTHER, • PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2006-090 A RESOLUTION .OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE TWO PARKING METERS FOR THE PARKS & RECREATION DEPARTMENT AT A COST OF $20,180.00; PROVIDING THAT THE EQUIPMENT MAY BE PURCHASED FROM BYTEWISE, A SOLE SOURCE PROVIDER, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2006-089 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF STATE ROAD AIA FROM GULFSTREAM ROAD TO SR-5/US-1 WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances ('Titles read by City Attorney) 7.12 ODINANCE #2006-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CRA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.13 ORDINANCE #2006-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE XIII OF CHAPTER 8,"BUILDINGS" OF THE CITY CODE OF ORDINANCES TO REQUIRE THAT GASOLINE STATIONS LOCATED WITHIN THE CITY OF DANIA BEACH SHALL PROVIDE ADEQUATE ALTERNATIVE ENERGY SOURCES TO ENSURE THAT MOTOR VEHICLE FUELS CAN BE DISPENSED IF ELECTRICAL SERVICE IS INTERRUPTED DUE TO ELECTRICAL SERVICE INTERRUPTION CAUSED BY A STATE OF EMERGENCY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney.Ansbro read the title of Ordinance #2006-018. He noted that it is anticipated that State Legislature will-pre-empt all cities from adopting any type of law dealing with this matter. He further advised the Commission to pass the Ordinance on first reading and if the Bill is signed by the Governor, this law would not take effect. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. Vice-Mayor Anton commented that this Ordinance is considerably more stringent than what the State passed. He stated for the record that the Legislature will pre-empt us from passing and enforcing this ordinance. Vice-Mayor Anton motioned to approve Ordinance #2006-018, on first reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items #7.2, #7.3, #7.7, and #7.13; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2006-083 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A CONTRACT FOR BANKING SERVICES TO WACHOVIA BANK N.A. FOR A PERIOD OF THREE YEARS; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-083. Mayor Flury passed the gavel to Vice-Mayor Anton because she has a conflict in this proposal. Commissioner Bertino also has a financial interest in this proposal. Commissioner McElyea motioned to reject any and all bids; seconded by Commissioner Castro for discussion. Mayor Flury and Commissioner Bertino noted they have an interest in the bank of less than 5%. The motion was defeated on the following 1-2 Roll Call vote: Commissioner Castro No Vice-Mayor Anton No Commissioner McElyea Yes Finance Director Varney advised the City received responses from six banks. She noted Bank of America indicated they are unable to comply with the indemnification clause specified in the RFP; Citibank was not able to comply with the City's investment program requirement; Bank Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. Atlantic and Community Bank are not members of the Federal Reserve, therefore they are considered ineligible or non-responsive. She added that both Wachovia and Suntrust met all the City's requirements. She recommended awarding the bid to Wachovia Bank. Commissioner Castro motioned to approve Resolution #2006-083; seconded by Vice-Mayor Anton,who passed the gavel to Commissioner McElyea. Vice-Mayor Anton asked City Attorney Ansbro what would happen if we re-bid. City Manager Pato advised he directed the Finance Director to bring in an outside person to review our business process for bids. He has contacted one company in Orlando that is willing to review our process for a sum not to exceed $15,000. He requested the Commission approve the expenditure to hire the firm. City Attorney Ansbro responded there is no difficulty in going out to bid again. Commissioner Castro commented she reviewed the RFP for Banking Services. She thought re- bidding was not a good idea because that information is now public record and everybody has access to it. She pointed out that removing requirements, such as being a member of the Federal Reserve, in order to award a bid to a specific company was not a good thing. Commissioner Castro noted that Wachovia and Suntrust also donated to community events, not only Community Bank. Commissioner Castro also mentioned she would prefer keeping auditors at arms' length distance, so things stay clean and neat. In regards to the comments made earlier that Wachovia Bank had lowered their cost, she thought that would,make the City save money since there would not be any transition expenses and a lower price. Finally, Commissioner Castro felt Community Bank was structured for individuals, not corporations, and the City is a large entity. The motion carried on the following 2-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea No Mayor Flury agreed with the City Manager's proposal and requested the Commission's support to direct him to hire a firm to review the City's bid process. Vice-Mayor Anton motioned for the City Manager to hire a firm to review the City's bid process, for a cost not to exceed $15,000; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote,with Commissioner Bertino abstaining: Commissioner Bertino Abstained Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. . 9. Public Hearings and Site Plans Item #91 was heard after Item #9.5 9.1 ODINANCE #2006-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE IX OF CHAPTER 17, WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" OF THE CITY CODE OF ORDINANCES, SUCH ARTICLE TO BE ENTITLED "ON SITE SHOPPING CART RETENTION SYSTEM- REQUIRED", TO REQUIRE ANY BUSINESS THAT USES TWENTY OR MORE SHOPPING CARTS AT A BUSINESS LOCATION TO INSTALL AND MAINTAIN AN ON-SITE SHOPPING CART RETENTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-015. He noted this matter was currently under consideration by the Legislature and if the Bill is signed by the Governor, it would pre- empt the City from enforcing this law. If this were the case, we would need to research other options to address the shopping carts issue. He suggested postponing this item until May 23, 2006. Commissioner Castro motioned to defer Ordinance #2006-015 until the May 23, 2006 City Commission meeting at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.2 ORDINANCE #2006-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES RELATING TO PARTICIPATION IN GROUP INSURANCE, TO PROVIDE THAT THE CITY WILL PAY HEALTH INSURANCE PREMIUMS OF FEDERALLY REQUIRED "COBRA" COVERAGE ON BEHALF OF SURVIVING MEMBER BENEFICIARIES OF A DECEASED GENERAL EMPLOYEE FOR A MAXIMUM OF SIX MONTHS AFTER THE DATE OF DEATH OF A RETIREE; FURTHER, AMENDING SECTION 18-29.1 TO CLARIFY CODE PROVISIONS APPLICABLE TO FUTURE ELECTED OFFICIALS AND THEIR PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-016. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino asked the Commission if they would agree to include a clause stating that if the spouse of an employee was uninsurable they could pay the group rate and the premium until they reach the age when they would be entitled to obtain government insurance. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. • Mayor Flury clarified that we are discussing retired employees' dependents, not retired employees. She thought following Commissioner Bertino's suggestion would create a problem for the young employees who would not be able to afford the coverage because the premiums would be too high. Vice-Mayor Anton thought the City was being very generous by carrying the dependent for a period of 6 months to allow them some time to make other arrangements. Commissioner McElyea motioned to adopt Ordinance #2006-016, on second reading; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.3 ORDINANCE #2006-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; ESTABLISHING RESTRICTIONS PERTAINING TO THE USE OF OUTDOOR TEMPORARY PORTABLE STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-013. • Mayor Flury confirmed for the record that the suggestions made at the previous meeting were incorporated into the Ordinance. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-013, on second reading; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.4 ORDINANCE#2006-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING SECTION 2.10, ENTITLED "DEFINITIONS", ARTICLE 5, ENTITLED "SUPPLEMENTARY LOT REGULATIONS" AND AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTARY USE REGULATIONS", OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR CERTAIN UPDATED DEFINITIONS OF ZONING CODE TERMS, CLARIFYING REQUIREMENTS APPLICABLE TO SINGLE-FAMILY HOMES PROPOSED TO BE CONSTRUCTED ON LOTS AT LEAST 50 FEET IN WIDTH; ADJUSTING SETBACK (YARD) REQUIREMENTS FOR VARIOUS RESIDENTIAL IMPROVEMENTS, AND REPEALING PROVISIONS PERTAINING TO GUEST HOUSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,May 9,2006—7:00 p.m. . City Attorney Ansbro read the title of Ordinance #2006-008. Laurence Leeds, Director of Community Development, advised the proposed amendment has several housekeeping issues that would establish the minimum lot sizes in any residential zoning district. He further clarified that this would only apply to single family homes for areas located east of I-95. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-008, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Item #9.6 was heard after Item #9.4 Item #9.5 was heard after Item #8.1 City Attorney Ansbro advised Item #9.5 was a quasi-judicial matter and swore-in all who would speak. He asked the Commission to disclose any communication they had on this matter. • 9.5 RESOLUTION #2006-079 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL DIELO, PROPERTY OWNER, FROM CHAPTER 25 "TRAFFIC", ARTICLE III "PARKING", DIVISION 6, SECTION 25-125 (D), FOR PROPERTY LOCATED AT 703 SE 3 LANE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-079. Michael Dielo, 703 SE 3`d Lane, property owner, applied for a variance to allow him to park and store a boat that exceeds nine inches from Code requirements. He added there were no objections or complaints from any of the neighbors. He requested approval of the variance. Corinne Church, City Planner, explained the City Code allows boat storage on residential property provided the vessel is no longer than 25 feet; in this case, the boat is 25 feet 9 inches. The Planning and Zoning Board recommended approval of the variance provided the applicant constructs a 6 foot opaque shadow box wood fence with rolling gate to hide the boat. Mayor Flury asked the applicant if it would be possible for him to build the fence suggested by the Planning and Zoning Board. Mr. Dielo responded building a fence would create an obstacle when moving the boat in and out. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Anton motioned to adopt Resolution 42006-079, provided the variance applies only to Mr. Dielo; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Item #9.1 heard after Item #9.5 Item #9.6 heard after Item #9.4 9.6 RESOLUTION #2006-080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNERS DOREEN AND JOHN BARTLEY, FROM.CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", AND ARTICLE 5.31 (C) "YARD REGULATIONS", FOR PROPERTY LOCATED AT 303 SW 2ND AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-080 and Resolution#2006-081. John Bartley, 201 SE 2°d Avenue, property owner, was available to answer questions. Mayor Flury opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearings. Commissioner McElyea motioned to adopt Resolution #2006-080; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.7 RESOLUTION #2006-081 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER DOREEN AND JOHN BARTLEY, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 307 SW 2ND AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 14 Dania Beach City"Commission Tuesday, May 9, 2006—7:00 p.m. Commissioner McElyea motioned to adopt Resolution #2006-081; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino requested the City Attorney develop an ordinance requiring hurricane proof windows in the City of Dania Beach for new single family homes. Laurence Leeds, Director of Community Development, advised hurricane proof windows are not required, provided shutters are installed. City Attorney Ansbro noted that if the Florida Building Code allows one of several ways to protect your property, he did not think the City could require one specific type. He will look into it and bring the information back to the Commission. Commissioner Bertino asked the status of the RFP for the IT Parker renovations. He would like . to see a lot of bidders bring in proposals. City Attorney Ansbro responded the RFP is in his office and will be sent to the City Clerk's Office tomorrow. 10.2 Commissioner Castro Commissioner Castro advised the Arts and Antique event is moving forward. There will be a reception at City Hall on Friday evening, June 1, featuring Purvis Young. They are starting to gather corporate sponsorships and a tremendous marketing program is in place. Commissioner Castro indicated she asked City Manager Pato to contact Mr. Carbonell regarding the power boat races to be held in Dania Beach next July. She understands they have already secured permission from Dania Jai Alai to use their parking lot. City Manager Pato reported he called Mr. Carbonell last week and confirmed they still want to have the event here. He advised Mr. Carbonell he would require a permit and suggested he start the process for the application. Mayor Flury wants to ensure that the beach is not closed for the event. Commissioner Castro advised the Tourism Council Website is now available for everyone to enjoy at Visitflorida.com. She noted the Tourism Development Council luncheon would be held Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. • on Thursday, May 18 at the Broward County Convention Center, from 12 p.m. to 2:00 p.m. Commissioner Castro requested Commission support for approval of some expense reimbursements. 10.3 Commissioner McElyea Commissioner McElyea complimented Laurence Leeds, Director of Community Development, on a code issue. He noted there are still a lot of fences damaged by the hurricanes that need to be fixed. Commissioner McElyea would like some action taken to lower the speed limit on Old Griffin Road. He mentioned he already spoke with Chief Cowart about this issue. 10.4 Vice-Mayor Anton Vice-Mayor Anton expressed his sympathy to the Ryan family and mentioned A.J. Ryan's funeral was extremely well-attended. Vice-Mayor Anton commented he talked to Louis Demas of the Dania Beach Grill about the possibility that he have the right of first refusal if we ever go out to bid. He added Mr. Demas has operated the business for several years and is always willing to support the City. Vice- Mayor Anton requested the support of the Commission to direct the City Attorney to prepare an amendment to the current lease, including the right of first refusal. City Attorney Ansbro advised the contract is still valid for another 2-3 years. He will prepare an amendment and bring it back to the Commission for review. Mayor Flury was surprised that the Dania Beach Grill lease was only valid for five years. She thought it should be extended for a longer period. It was the consensus of the Commission to place this item on the next agenda for discussion. 10.5 Mayor Flury Mayor Flury commented that, as a result of the hurricanes, the bathroom situation at the beach is atrocious. City Manager Pato advised he has been working on the beach bathrooms project and will bring a plan forward at the next Commission meeting. Commissioner Bertino would like staff to check on the possibility of a F.I.N.D. grant for bathroom renovations. Mayor Flury remarked the bathrooms need to be repaired now, not in two years. Minutes of Regular Meeting 16 Dania Beach City Commission .Tuesday, May 9,2006—7:00 p.m. City Manager explained that a F.I.N.D. grant takes 2-3 years to come to fruition. He also clarified that they are limited to projects related to water, docks, and ramps, not for buildings. Vice-Mayor Anton commented we needed to piggyback on dredging for the Marina area. He added it was critical to use grant funds for the Marina because that would enhance the City's ability to market the site. Mayor Flury thought we were falling behind on grants with Bonnie Temchuk being on extended leave of absence. She asked City Manager Pato if the City had an agreement with FAU where we could utilize some of the students to come during the summer and write some grants. City Manager Pato advised we are working on a grant for the CRA. He also mentioned he has been approached by some people who work on grants, who have offered their services for a fee. Mayor Flury thought it was unfortunate that this was not going to be a good year for grants, and that decisions need to be made. She further commented we need to know when Bonnie Temchuk is coming back, and work from that point on. Mayor Flury asked when the next Volunteer Recognition Party was scheduled. She would like to take an opportunity to do something special for the Code Enforcement Board in recognition of their hard work, now that the Board may be abolished. Mayor Flury advised she attended the Fleet Week Celebration and presented the commanding officers with a copy of our Centennial Book. Mayor Flury advised she received a notice that the County will hold a Public Workshop to review the Broward County Greenways on Wednesday, May 31st, at City Hall. She commented this Workshop relates to Dixie Highway and suggested that whoever is interested in knowing the County's plans should attend the meeting. 11. Discussion and Possible Action 11.1 Discussion of the City's Primary and General Elections Commissioner McElyea commented the Elections in Dania Beach were originally in November and for some reason they were changed to March. He would be in favor of having them in November. He further indicated we definitely need to keep the Primary Election. Commissioner Castro agreed with Commissioner McElyea and thought we need to keep the Primary Election. She would be willing to move the General Election to November as a way to save money and obtain better voter turnout. Commissioner Bertino thought having a Primary was the most democratic way to have an Election. He had no problem with shifting the General Election to November. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. Vice-Mayor Anton was concerned with moving the General Election to November, because people are focused on voting for the president or others and City issues fall to the bottom of the ballot. He added that Municipal Elections are probably the most important ones, because they control the people's quality of life and having them in March make residents focus on City issues. Mayor Flury advised the Charter Review Committee indicated they wanted to keep the Primary Election and unless we appoint a new committee it would be up to the voters to make any changes. She commented she did not have strong feelings for changing the date to November and agreed with Vice-Mayor Anton on the fact that people voting in March know exactly why they have chosen that specific candidate. The Commission consensus was not to take any action at this time. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager • City Manager Pato requested clarification on the Volunteer Party. He confirmed with Mayor Flury that the Code Enforcement Board recognition would be included in the Volunteer Party. He advised it would be held in the later part of the year. City Manager Pato reminded everyone that he would be on vacation beginning Thursday, May 11` and Laurence Leeds, Director of Community Development would be the Acting City Manager. He added he would be present at the next Commission meeting. City Manager Pato advised the City Hall renovations project should begin in the next few weeks. 13.2 City Attorney City Attorney Ansbro advised that he heard from Attorney Jason Dubow that Harry Hipler, Chairman on the Unsafe Structures Board, was recently involved in a serious accident and does not want any visitors. He wished Mr. Hipler a speedy recovery. 13.3 City Clerk—Reminders City Clerk Stilson indicated she was asked to set up a CRA Board meeting with the Iler Planning Group for Tuesday, May 23, 2006 from 12:00 —2:00 p.m. • Thursday, May 18, 2006—6:00 p.m. —Abatement Hearing Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. Tuesday, May 23, 2006— 7:00 p.m. —Regular City Commission Meeting Wednesday, June 7, 2006—5:30 p.m. —Regular CRA Board Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:47 p.m. CITY OF DANIA BEACH ATTEST: PATRICIA FLURY MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK Approved: May 23, 2006 Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, May 9,2006—7:00 p.m. i FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ® LAST NAME—FIRST NAME—MIDDLE NAME . NAME OF BOARD,COUN""--- — E /J MAILING ADDRESS THE BOARD,COUNCIL, � C J f �W/HICH I SERVE IS A UNI[�© ' CITY / J COUNTY em CITY ❑ C// �. :Y NAME OF POLITICAL SUE 0 DATE ON WHICH VOTE OCCURRED MY POST ION IS: WHO MUST FILE FORM 813 This form is for use by any person serving at the county,city, or other local level of governm council, commission, authority, or committee. It applies equally to members of advisory and non-ad, 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 )ending on whether you hold an elective or appointive position. For this reason, please pay close at I 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 813-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 !_ '2 __ ___ - - hereby disclose that on-------„1 - -------—--------20 Q(p 11 - (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----------------------- ----__--,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: -------------------- ------- -------:��7 Date Filed 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 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L NAME FIRST NAME—MIDDLE NAM t NAME F BOARD,COUNCIL COMMISSION,AUTHORITY,OR COMMITTEE I �l�l'J?rI? 3.S MAILING DDSS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON ]C' ( WHICH I SERVE IS A UNIT OF: I NTYN ❑COUNTY ❑OTHER LOCAL AGENCY C _ NAME OF POLITICAL SUBDIVISIONDq a;l,4 '245'7 L1/ rd DATE ON WHICH VOTE OCCURRED //�� MY POSITION IS: /`! �/lJ� N4_.QLECTIVE ❑ APPOINTIVE ,41"1 rC4 WHO MUST FILE FORM 813 JUN 1 g 2006 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-advisor"y=bodies-wtYo-ate=ieset 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 1s 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: 7• 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 813-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 hereby disclose that on -_____f_�) = - --,------------------20 (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___ _-,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: l ------------------------------------------------ --__---_ ____ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILU E 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. 1/20DO PAGE 2 FORM 8B MEMORANDUM OF TOOTING CONFLICT" FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME—F RS >�T NAME—MaE ME NAM OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE ,er ,' n 'u J h c.A� a � � / Com lS_-SiaAJ MAILING ADDRESS__ THE BOARD,C UNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1 r WHICH I SERVE IS A UNIT OF: T _ C COiU N-CITY ❑COUNTY ❑OTHER LOCAL AGENCY ` ��C NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED /� n MY POSITION IS: / �t/"P � � �U�� ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 86 � �".j. d JUN 1 9 2006 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-adviso y,bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. l— __-- 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). a 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 SB-EFF.1/2000 PAGE 1 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 hereby disclose that on--__ / --- -------------- 20 d�: (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------------------------------------------------------- —_ 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: q,4 OWN i 'l C0 /1P tc� a /n res Qs _.G Cam nM u an 6o , K 0 --f ek 0 W A&-,0 -------------------------------------------------- ---er ---------------------- Date Filed Sig 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