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HomeMy WebLinkAboutMinutes of Meeting - May 22, 2012 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 22, 2012 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Flury called the meeting to order at 7:00 p.m. Present: Mayor: Patricia A. Flury Vice-Mayor: C. K. "Mac"McElyea Commissioners: Anne Castro Walter Duke Bobbie H. Grace Asst. City Manager: Colin Donnelly City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Commissioner Grace gave the invocation followed by the Pledge of Allegiance to the United States Flag. Mayor Flury advanced Items #10.2 and#10.1. 10.2 Consideration of Voidability Option Pursuant to Paragraph 6 of the City County Airport Settlement Agreement(Continued from May 8, 2012) Neal McAliley, Special Counsel for Airport matters, noted the voidability period is open until July 6, 2012. The City has 2 options: 1) remain with the current settlement agreement, which is now limited by the FAA letter. With this option, Broward County would try to reduce flights between 10:00 p.m.-5:00 a.m., however there is no guarantee; they would sound insulate approximately 1,700 residences; they would provide standard sales assistance to 857 residences, however this is limited to 22 houses per year; Broward County will give the City $100,000.00; they will transfer escheated properties to the City without a restriction of use for affordable housing; and they will sell certain properties within Dania Beach in order to put them back on the taxroll; the City will not get the transfer of Plats 7 & 8, which are valued at $9.3M; and the City will give up its rights under the 1995 Interlocal Agreement. 2) The City Commission can vote to void the settlement agreement. With this option, the residents would still get the sound insulation; there would be the standard sales assistance program; we would also have the ability as a City to insist that the stronger operational conditions of the 1995 Interlocal Agreement be put into effect; we would also have the ability to insist that other agencies follow the law with regard to their approval of the south runway expansion; we could ask a court to force the sale of Plats 7 & 8, or compensate the City for the County's failure to sell them as required by the 1995 agreement; but the $100,000.00 and the transfer of the escheated properties would be missing. Attorney McAliley recommended to the Commission that they void the agreement, which needs to be a unanimous vote. He also noted that if we void the agreement it would be with the direction to take the appropriate action to defend the City's interests. Commissioner Grace motioned to void the agreement with Broward County and take the appropriate action; seconded by Vice-Mayor McElyea. Commissioner Grace commented the most important thing that we do together right now is work together to make sure that we all understand that we are all in it together. Commissioner Duke stated: I believe that Commissioner Castro, Attorney McAliley and our negotiating team did their absolute best to work with Broward County to arrive at a mutually acceptable agreement that protects the rights of the impacted residents while avoiding unnecessary legal costs and delays. Countless hours have been spent by both sides in good faith to make this happen. Unfortunately since Broward County is seeking federal assistance to build this runway, the FAA also has significant standing here. And everyone knows that the FAA can be extremely inflexible. In this case, they do not agree with two major points of the negotiated settlement which fatally undermines the spirit of the agreement and leaves our impacted residents out in the cold. Therefore, we now must also focus on protecting and preserving the rights of our impacted residents by all means necessary. While we do so, it is my hope that we will continue to maintain an open dialogue with Broward County to secure a negotiated settlement that is acceptable to all parties. Commissioner Castro thanked all the residents of Dania Beach for their support on this matter. She noted that the County had the opportunity to step up and fund what the FAA does not want to fund, however they have chosen not to do that. Commissioner Castro said she told the County we would continue to talk with them, but in the meantime we have to do what is necessary to protect the rights of the City, but more importantly, the interests of our residents; we cannot give up our principles. Vice-Mayor McElyea noted he supports the residents of the City and will help in any way possible. Mayor Flury commented that the residents of Broward County need to understand that Dania Beach has never objected to an airport expansion; we have always objected to the south runway. The County Commission had several options but selected the most costly option, the most environmentally destructive option, and the option that most severely affected the most number of residents. She noted that Dania Beach gave Broward County the property to expand the airport; in return, the Broward County Commission said they would protect our residents; that was the deal. Mayor Flury said it is time for the Broward County Commission to take care of the people. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 10.1 Reconsideration of Resolution#2012-055 —Commissioner Castro A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA FINDING THAT ACQUISITION OF THE PRIVATE PROPERTY DESCRIBED IN EXHIBIT "A" THROUGH NEGOTIATED CONVEYANCE OR EMINENT DOMAIN SERVES A PUBLIC PURPOSE AND IS NECESSARY TO PROVIDE CLEAR,VISIBLE,EFFICIENT,AND DIRECT VEHICULAR AND PEDESTRIAN ACCESS AND CONNECTIVITY TO THE CITY CENTER; AUTHORIZING THE CITY ATTORNEY TO RETAIN LEGAL COUNSEL, CONSULTANTS, AND EXPERTS, AND TO TAKE ALL FURTHER ACTIONS THAT ARE REASONABLY REQUIRED TO ACQUIRE PRIVATE PROPERTY FOR SUCH ACCESS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro asked Mitch Bernstein to come to the podium. Mitch Bernstein, Attorney, Weiss Serota Helfinan Pastoriza Cole & Boniske, P.L., responded to Commissioner Castro's questions. He noted the resolution authorizes the City Attorney, City staff and outside consultants, to acquire the property through voluntary acquisition, as well as eminent domain, if that is the direction of the Commission. City Attorney Ansbro confirmed that he would not go forward with eminent domain until the Commission affirmed at a public meeting to file the suit. Commissioner Castro clarified this action only pertains to the right-of-way roadway, not the entire property. She requested clarification on the cost of the action. Attorney Bernstein responded taking the entryway is considered a partial acquisition; which means you pay for the value of that property, and the City would also be subject to a severance damage claim. He noted the highest and best use will be subjective on this property, and explained the various components of determining the appraisal values. In response to Commissioner Castro's questions, Jeremy Earle, CRA Director, advised the property owner is not interested in selling the right-of-way; he also is not interested in selling the entire parcel at this time. Director Earle noted the requirements of Florida Statutes regarding eminent domain. Commissioner Castro motioned to reconsider Resolution #2012-055,with the condition that it comes back to the Commission before final action; seconded by Mayor Flury who passed the gavel to Vice-Mayor McElyea. Commissioner Duke explained the eminent domain process and expressed his concerns. He does not think we will succeed or prevail in court, and he will not support eminent domain procedures. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, 22,2012—7.00 p.m. The motion failed on the following 2-3 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea No Commissioner Duke No Mayor Flury Yes Commissioner Grace No 3. Presentations and Special Event Approvals 3.1 Presentation of 2012 Hurricane Plan Michael Cassano, Assistant Chief of Operations, BSO Fire Rescue, provided an overview of the 2012 Hurricane Plan. He noted that all information is available on the City website. 3.2 Special Event request from Divers Cove for a "Dania Beach Pier Underwater Clean- up", on Sunday, June 10, 2012 from 9:00 a.m. — 12:00 p.m. Commissioner Castro motioned to approve the Special Event request for Divers Cove "Dania Beach Pier Underwater Clean-up"; seconded by Commissioner Grace. The motion carried unanimously. 3.3 Special Event request from Neptune Fireworks to hold a "Fireworks Sale" effective June 7 — July 13, 2012, from 9:00 a.m. — 9:00 p.m., daily, at 768 East Dania Beach Boulevard Commissioner Castro motioned to approve the Special Event request for Neptune Fireworks "Fireworks Sale"; seconded by Commissioner Grace. The motion carried unanimously. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Bob Mikes, 601 NW 7ch Street, addressed the airport issue. Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, 102 W Dania Beach Boulevard,provided an update of Chamber events. Bill Harris, 902 Natures Cove Road, commented on the Broward County Commission approval of the 3-way stop signs requested by the City of Dania Beach. He thanked the Commission for a job well done. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. Bob Adams, 330 SE 3rd Terrace, commented on comments made by the Vice-Chairman of the Airport Advisory Board regarding Commissioner Castro. He insinuated that the Vice-Chairman of the Airport Advisory Board is not a resident of Dania Beach because he claims homestead exemption in Monroe County, and registered to vote there in 2009. Mayor Flury asked the City Attorney to look into the matter. Rose Lizana, 214 SE 2nd Street,provided an update on the Kiwanis Golf Tournament. Rick Zapata, 2331 SW 45th Street, addressed code violations in his neighborhood. Mayor Flury recommended that Mr. Zapata contact Assistant City Manager Donnelly. 6. Public Safety Reports There were no reports at this meeting. 7. Consent Agenda Items added to Consent Agenda: #7.13 Items removed from Consent Agenda: #7.8, #7.11, #7.12 7.1 Minutes: Approve minutes of May 8, 2012 Attorney/Client Session Approve minutes of April 30, 2012 Ethics Training Workshop Approve minutes of April 24, 2012 City Commission Meeting Approve minutes of May 8, 2012 City Commission Meeting 7.2 Travel Requests: None Resolutions 7.3 RESOLUTION#2012-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2012 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX (SIX CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2012-058 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE 2012 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT ORDINANCE;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2012-059 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2012 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT ORDINANCE;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2012-060 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR 2011-2012; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2012-061 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A VACANT LAND CONTRACT BETWEEN THE CITY AND LIBERTY REAL ESTATE, INC., A FLORIDA CORPORATION, TO ALLOW LIBERTY REAL ESTATE, INC. TO PURCHASE SURPLUS PROPERTY LOCATED AT 47 SW 15"' STREET IN DANIA BEACH, FLORIDA; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2012-063 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RESIDENTIAL CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND LYNE SIMARD TO ALLOW LYNE SIMARD TO PURCHASE SURPLUS PROPERTY LOCATED AT 5180 SW 26TH AVENUE IN DANIA BEACH, FLORIDA; PROVIDING FOR FUNDING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2012-065 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FROM HECTOR TURF, A TORO GROUNDSMASTER 3505-D ROTARY MOWER,MODEL NO. 30849 WITH ACCESSORIES,UNDER STATE CONTRACT NO. 760-000-10-1 PRICING, FOR AN AMOUNT NOT TO EXCEED $25,286.75; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Addendum 7.13 RESOLUTION#2012-066 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF FURTHER ADDITIONS TO THE CITY SOLAR LIGHTING PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR FUNDING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. Commissioner Duke motioned to adopt the Consent Agenda with the addition of Item #7.13, and the exception of Items #7.8, #7.11, and #7.12; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 7.8 RESOLUTION#2012-062 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A COMMERCIAL CONTRACT BETWEEN THE CITY AND THE MCELYEA TRUST TO ALLOW THE MCELYEA TRUST TO PURCHASE SURPLUS PROPERTY LOCATED IN VICTORIA HEIGHTS 21-2B, LOT 7 AND 8 OF BLOCK 4 IN DANIA BEACH, FLORIDA, PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-062. Vice-Mayor McElyea noted that he has to abstain from this item. Commissioner Castro motioned to adopt Resolution #2012-062; seconded by Commissioner Grace. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Recuse Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes Ordinances (Titles read by City Attorney) 7.11 ORDINANCE#2012-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 15-12, 'BUSINESS TAX SCHEDULE" OF THE CODE OF ORDINANCES AND CREATING A NEW SECTION 15-12, ALSO ENTITLED 'BUSINESS TAX SCHEDULE" TO PROVIDE FOR A FIVE PERCENT (5%) INCREASE IN THE ANNUAL BUSINESS TAXES ASSESSED AGAINST ALL BUSINESS CATEGORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Castro commented that some of these fees are cumbersome and onerous for small businesses. Commissioner Castro motioned to deny Ordinance#2012-011 on first reading; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. 7.12 ORDINANCE#2012-012 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 11-46.1 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA,WHICH SECTION IS ENTITLED 'ESTABLISHMENT OF FEES" IN ORDER TO PROVIDE ADEQUATE FUNDING FOR THE COST OF PROVIDING FIRE SAFETY INSPECTION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Castro questioned the purpose of the Ordinance. Charles Raiken, Deputy Chief, BSO Fire Rescue, noted that the recommended fees are reasonable and defensible based upon today's costs for the resources required to perform these mandated fire inspection services within the City of Dania Beach. Mayor Flury commented that she is concerned that the business community in Dania Beach cannot afford this. Commissioner Castro motioned to adopt Ordinance #2012-012, on first reading; seconded by Vice-Mayor McElyea. The motion failed on the following 1-4 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea No Commissioner Duke No Mayor Flury No Commissioner Grace No 8. Bids and Requests for Proposals 8.1 RESOLUTION#2012-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT TO EDSA, INC. FOR THE DANIA BEACH WATERFRONT REVITALIZATION PLAN PROJECT; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH EDSA, INC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-064. Commissioner Duke motioned to adopt Resolution #2012-064; seconded by Vice-Mayor McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. 9. Public Hearings and Site Plans There were no public hearings on this agenda. 10. Discussion and Possible Action Items were discussed earlier in the meeting. 11. Commission Comments 11.1 Commissioner Castro Commissioner Castro asked for the status of our Consumptive Use Permit, when it expires, and what plans we are making for a new one. She would like an update on the next agenda. Commissioner Castro noted that she was the only person who attended the Broward County Commission meeting to address the request for the 3-way stop signs. The item was approved with condition that the City takes the intersection off the traffic engineering road map, thereby making Dania Beach entirely liable for any accidents or issues with the traffic signaling devices. Commissioner Castro noted that we also need to adopt another resolution that complies with the County's standards. Commissioner Castro said that she asked the City Attorney and Assistant City Manager to provide an analysis and place this item on a future agenda. Commissioner Castro asked the City Manager to bring forward a budget item for replacement trees in Melaleuca and other areas along the Griffin Road Corridor. She noted we need a plan to address tree issues and asked the Assistant City Manager to follow through. Commissioner Castro thanked everyone for their support. Commissioner Castro discussed the responsibility that comes with First Amendment Rights. 11.2 Commissioner Duke Commissioner Duke noted he spoke at National Maritime Day today. 11.3 Commissioner Grace Commissioner Grace commented that non-residents should be removed from City boards immediately. Commissioner Grace requested that BSO patrol the area around First Bethel Missionary Church in order to keep our citizens and community safe. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. 11.4 Vice-Mayor McElyea Vice-Mayor McElyea had no comments. 11.5 Mayor Flury Mayor Flury commented that the Charter requires board member to be residents, not taxpayers or homesteaded. She asked the City Attorney to clarify this at the next meeting. 12. Appointments Mayor Flury appointed Claire Satin to the Creative Arts Council Advisory Board. Commissioner Castro motioned to approve the appointment; seconded by Commissioner Grace. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager Assistant City Manager Donnelly noted he is preparing a letter for reconsideration for funding we may lose for solar lighting. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk-Reminders City Clerk Stilson reminded everyone interested in running for City Commission that qualifying begins at noon on Monday, June 4 and ends at noon on Friday, June 8. Wednesday, June 6, 2012—6:00 p.m. CRA Board Meeting Tuesday, June 12, 2012—7:00 p.m. City Commission Meeting Tuesday, June 26, 2012—7:00 p.m. City Commission Meeting Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. 14. Adjournment Mayor Flury adjourned the meeting at 8:55 p.m. ATTEST: CITY OF DANIA BEACH L�i"t A 11)d LOUISE STILSON, C C PATRICIA A. FLUKY CITY CLERK MAYOR o�A4p'S F1AS7.�.'�/^ Approved: June 12, 2012 mQ Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,May 22,2012—7:00 p.m. I REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: /L y Z Z- , 20 PRINT NAME: /3 O ADDRESS: G IV Ul/ PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) - CIT EN COMMENTS: Co e is b each citizens or interested parties that are not part of the regular printed agenda may be made during each Com si meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) - PUBLIC HEARINGS—ITEM# `a 1 Z (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. ' G:1Agenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITE' COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: / �2� ,20_1�-- PRINT NAME: �R 1 7 ADDRESS: 4 PHONE NO. (optional): PLEASE CH K ONE OR BOTH OF THE BOXES BELOW: 1) CITIZEN COMMENTS: Comments/byD7ania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) - PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:1Agenda\PUBLIC SPEAKING FORM.doc k REQUEST TO ADDRESS CITE' COMMISSION AT REGULAR OR SPECIAL. MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the m ting begins. DATE OF COMMISS ON MEETING , 201 04"' PRINT NAME: TL L.. uh. ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) --- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJEOT MATTER OF YOUR COM T: 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:�Agenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: a-a Z , 20_ PRINT NAME- ADDRESS: S PHONE NO. (optional): PLEASE�CHECK ONE OR BOTH OF THE BOXES BELOW: I) ,✓ CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: f�f � 2) - PUBLIC HEARINGS-ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:WgendalPUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITE' COMMISSION AT REGULAR OR SPECIAL, MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: '4y -2-;?, 1 , 20 PRINT NAME: �r�S E &-Z-460 ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OIL BOTH OF THE BOXES BELOW: 1) 1--- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: xlew 2) - PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:\Agenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OIL SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: ff`/ ? 2 , 20 C 2 PRINT NAME: I L i C P ADDRESS: z 33 �j C�/ Y I ST PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW; 1) CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: -- Na-t4Hge,ft Ce—SS TV45- 51X1-G-7- VIDCl9Tjit/in -0Ob4e:-r lH�c�►iv4 2 P o ✓C-yt 5-FT54 )2/+ cc c � M67D(ZCWCtf�s I�CFS itJ7" rNI F lSff'1� E- <f N N I Ae 1?1C_Qfi til C :/ c A.1 pe-Ilerr, 2) - PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:\Agenda\PUBLIC SPEAKING FORM.doc Date: May 22, 2012 To: Mayor Flury Vice Mayor McElyea Commissioner Castro Commissioner Duke Commissioner Grace From: Colin Donnelly, Assistant City Manager Subject: Business Tax Receipts A fee comparison of Business Tax Receipts (BTR) is attached for your consideration. The survey, provided by Mr. Lupo, is limited to those cities that where surveyed in 2008, the last time the fees were raised, and limited to the three most common fees: - Service/Professional (professional categories) - Retail Merchants - Service/Licensed Business (contractor) To summarize the survey, the city is higher than Oakland Park and Fort Lauderdale, but lower than Hollywood for the most part. Hollywood also adds an additional charge per employees. The proposed BTR fee increase is 5% for all categories. Business Tax Receipt Rate Comparison City of Dania Beach - Service/professional (professional categories) o $236.25 per professional - Retail Merchants o Under$1,000 of inventory=$105 o For each$1,000 of retail stock value= $105 o Maximum inventory of$31,000 or more = $1,050 - Service/Licensed business (contractor) o $210 or$315, depending on the type of contractor City of Hollywood Service/professional (professional categories) o $286 per professional plus an additional cost for workers: ■ 2-4 = $61 (total = $347) ■ 5-25 = $126 (total = $412) ■ 26-50 = $254 (total= $540) ■ Over 50 = $510 (total= $796) - Retail Merchants o Under$5,000 of inventory= $61 o $5,000 - $25,000= $126 o $25,001 - $50,000 = $381 o $50,001 - $100,000= $573 o $100,001 - $250,000 = $764 o Over$250,000= $1,020 Service/Licensed business (contractor) o $286 per professional plus an additional cost for workers: ■ 2-4 = $61 (total = $347) ■ 5-25 = $126 (total =$412) ■ 26-50 = $254 (total=$540) 0 Over 50 = $510 (total= $796) City of Oakland Park - Professionals = $120 - Merchants o Each establishment $50 plus: ■ For each $1,000 of retail stock value add $2.00 ■ For each$100,000 of retail stock value add $200.00 - Contractors= $80 City of Fort Lauderdale - Professionals: $157.50 - Contractors o State licensed= $157.50 o County licensed= $84 - Merchants o Up to $3,000 of inventory =$48.30 o Over $3,000 - $10,000 = $65.10 o Over $10,000 - $20,000 = $81.90 o Over$20,000 - $50,000 = $122.85 o Over$50,000 - $100,000 = $245.70 o Over $100,000 - $500,000 = $409.50 o Over$500,000 - $1,000,000= $514.50 o Over $1,000,001 = $682.50 BROWARD SHERIFF'S OFFICE DEPARTMENT OF FIRE RESCUE AND EMERGENCY SERVICES 2601 West Broward Boulevard, Fort Lauderdale, FL 33312 Phone: 954.831.8200 www.sheriff.org DATE: May 17, 2012 TO: Robert Baldwin, City Manager City of Dania Beach FROM: Charles Raiken Deputy Chie�' r, p Y BSO Fire Rescue- Dania Beach District Liaison RE: BSO Support of Proposed Modification to Dania Beach Fire Prevention Fees BSO Fire Rescue is in support of the proposed modifications to the existing City of Dania Beach Fee Schedule Ordinance 2007-018, and is recommending the proposed increase to fees in section 2 (a) (Annual fire inspections)of the City of Dania Beach Fee Schedule as presented by the City Administration. These proposed increases will to provide for the more current and reasonable recovery of costs for these services provided by the city, in compliance with the Florida Fire Prevention Code adopted by Florida Statute 633. These proposed fees are consistent with the fee amounts that have been adopted by the Broward County Board of County Commissioners by resolution on September 27, 2005.These fees are based on cost recovery for Broward County in 2005, and have not been updated since then. Even in today's financial environment, these fees remain reasonable and defensible based upon today's costs to the City of Dania Beach for the resources required to perform these mandated fire inspection services within the City of Dania beach. It should be recognized that these proposed fee increases will not provide 100% cost recovery to the City for these services, but will provide for a reasonable cost recovery increase. BSO Fire Marshal's Bureau delivers these same fire prevention services in seven other jurisdictions (Pembroke Park, West Park, Lauderdale Lakes, Cooper City,Weston, Unincorporated Fort Lauderdale, and Fort Lauderdale/Hollywood International Airport)where these proposed fees and more have been adopted over the last several years.A few of these jurisdictions are considering additional fee increases to get closer to obtaining 100%cost recovery for these services. While the recommendations for proposed fee increases presented of this time are only for annual fire inspection services, there are other sections of this existing City ordinance(Le. new construction, plans review, special permits, etc.)that should be considered for fee increases in the near future. If you need any further information, please feel free to contact me. FORM 813 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 COMMITTE - J ` MAILING ADDRESS THE BOAR ,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON p yWHICH I SERVE IS A UNIT OF: CITY COUNTY J©CITY ❑COUNTY ❑OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: BATE ON WHICH VOTE OCCURRED ,5_ MY POSITION IS: - JO ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 JUL 10 2012 I'l Y: This form is for use by any person serving at the county, city, or other local level of government oni d, 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) 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, hereby disclose that on /Y? 7 a a 20 �a (a)A measure came or will come before my agency which (check one) rM 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: Date Filed 1 ._ Signature - �' Ir 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 813-EFF. V2000 PAGE 2