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CCPC Minutes 05/01/2003 RMay 1, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, May 1, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 10:15 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abemathy Mark Strain Dwight Richardson Lora Jean Young Lindy Adelstein Brad Schiffer Paul Midney Russell Budd-Absent (Excused) David Wolfley-Absent (Excused) ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Services Ray Bellows, Planning Services Marjorie Student, Assistant County Attorney Stan Litsinger, Planning Services AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MAY 1, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLOP.IDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN OROANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSUR~ THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES - APRIL 3, 2003 5. 6. PLANNING COMMISSION ABSENCES - RUSSELL BUDD ABSENT APRIL 17, 2003 7. BCC REPORT- RECAPS- MARCH 25, 2003 AND APRIL 8, 2003 8. CHAIRMAN'S REPORT 9. ADVERTISED PUBLIC HEARINGS BD=2002-AR-3544, Michael Hawkins, of Turrell and Associates, representing Susan H. Alexander, requesting a boat dock extension of 30 feet from the maximum allowable 20 feet. If approved, the petition will permit the construction and maintenance of a boat dock protruding 50 feet into the waterway. The property to. be considered for the boat dock extension is located at 138 Tahiti Circle, further described as Lots 142 and Lot 143 less east 5 feet of Lot 142, in Section 32, Township 51 South, Range 26 East, Collier County Florida. Tiffs'property is located in the Isles of Capri No. 2 Subdivision. (Coordinator: Ross Gochenaur) 10. 11. 12. 13. Eo VA-2002-AR-2525, Robert Davy and Mark Allen representing Little Hickory Shores Unit 3 Re-plat homeowners, requesting a variance from the required boathouse setbaclm from 15 feet to 0 feet to coincide with Resolution 2000-51 which reduced the side yard setbacks from 7.5 feet to 0 feet for dock facilities; waive the requirement for a separate boathouse petitions and grant one boathouse petition for all affected lots; and waive the requirement that roof material and color be the same as that on the primary structure for property located in the Hickory Shores Subdivision, Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20 and 22, Block G; and Lots 3, 4, 5, 6, 7, 8, 9 and 10, Block H, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Fred Reischl) PUDZ-2002-AR-3245, Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A., representing Bay Forest Homeowner's Association, Inc., an amendment to the Bay Forest PUD for the purpose of revising the language under Permitted Accessory Uses and Structures to state "Any sales office shall be limited to the resale of residential units within the project and no sales of any kind for properly outside of the project shall be permitted", for property located at 377 Bay Forest Drive, Section 8, Township 48 South, Range 25 East, Collier County, Florida, consisting of 141+ acres. (Coordinator: Ray Bellows) CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber & Brundage, Inc., representing Collier County Board of County Coaimissioners, requesting Conditional Use for a regional park in the "A" Rural Agricultural zoning district per Section 2.6.9.2. for property located offthe future Livingston Parkway, between Irranokalee Road and Vanderbilt Beach Road, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 212.77°-. (Coordinator: Fred Reischl) CU-2003-AR-3730, David A. Titsch, ofTitsch & Associates Architects, Inc., representing East Naples Fire Control District, requesting Conditional Use 11 of the "C-4" zoning district. This project will consist of a fire station. The property is located on the southeast comer of Bayshore Drive and Jeepers Drive, further described as Lot 107, Naples Grove & Truck Company Little Farms No. 2, in Section 14, Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.634- acres. (Coordinator: Kay Deselem) OLD BUSINESS NEW BUSINESS: PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN CCPC AGENDA/SM/lo5/O 1/03 2 The Collier County. Planning Commission continued with their regular Meeting and was called to order by Chairman Abernathy at 10:15 AM. w Roll Call - a quorum was established with Mr. Budd, and Mr. Wolfley being absent. Addenda to the Agenda - 8B will be continued until the June 5th Planning Commission meeting. Mrs. Young moved to amend the agenda for Item 8C to be the heard first. Seconded Mr. Adelstein. Carried 6-0 with 1 abstention. Mr. Schiffer abstained. 8. Advertised Public Hearings: C. PUDZ-2002-AR-3245, Richard D. Yovanovich, of Goodlette, Coleman & Johnson, requesting Bay Forest Homeowners Assoc. Inc., an Amendment to the Bay Forest PUD for the purpose of revising the language under Permitted Accessory Uses and structures to state "Any sales office shall be limited to the resale of residential units within the project and no sales of any kind for property outside of the project shall be permitted, for property located at 377 Bay Forest Drive, Collier County, FL, consisting of 141+ acres. Those testifying were sworn in by Mr. Abernathy. Disclosures - none. PETITIONER Rich Yovanovich - representing the Bay Forest Homeowners Association - this is an Amendment to an old PUD. The Homeowners Association is seeking to form a Real Estate Company. They operate out of their recreation facilities, a real estate company, where it is optional for the residents to list their property if they wish to do so. If they do, the Association reaps the benefits. Originally it allowed the developer to sell units, but not the residents. This is an Amendment to make it clear that a real estate company can sell for the community only. It had been voted on by the members of the Assoc. to establish the company. They are revising the PUD to allow this to occur in the existing recreational facilities. A show of hands did indicate those in the audience were in favor of the PUD. The hearing is closed for motion and discussion. Mr. Strain moved to recommend approval for PUDZ-2002-AR-3245. Seconded by Mr. Adelstein. Carried unanimously 7-0. 4. Approval of Minutes - April 3, 2003 2 Mr. Strain moved to approve the minutes of April 3, 2003. Seconded Mr. Schiffer. Carried unanimously 7-0. So Planning Commission Absences - Russell Budd absent April 17, 2003. Ray Bellows wanted to know if them would be a quorum for the July 3rd meeting. Mr. Richardson will not be in attendance. The staffwill c-mail the Commissioners on the July 3rd meeting and other meetings for the summer months. BCC Report - Recaps - March 25, 2003 and April 8, 2003 - Mr. Bellows mentioned the Corbin Variance was approved 4-1. (The house over the water) Mr. Halas voted against. 7. Chairman's Report- None. Hearings Cont. Ae BD-2002-AR-3544- Michael Hawkins, of Turrell & Assoc. - representing Susan H. Alexander, requesting a boat dock extension of 30 feet from the maximum allowable 20 feet. If approved, the petition will permit the construction and maintenance of a boat dock protruding 50 feet into the waterway. The property is located at 138 Tahiti Circle, Collier County, FL in the Isles of Capri. Those testifying were sworn in by Mr. Abernathy. Disclosures - none. PETITIONER Michael Hawkins - Turrell & Assoc. - representing Susan Alexander - requesting a 34 foot extension from thc 20 foot allowed. Proposed project - install 4 dolphin piles with one standard pile. Meets all and exceeds setbacks needed of 15 feet. Showed aerial of site. No adverse effects to navigation, and has state and federal permit for project. Reviewed staff report and recommends approval. No boat dock will be put there and will waive his right to do so. STAFF Ross Gochenaur - in answer to Mr. Richardson's question on being conforming and non-conforming for a boathouse - Mr. Gochenaur responded that if no conditional use had been approved when it was constructed it would be considered legally non- conforming. To build it today it would be through a boat house petition and limited to a 20 foot protrusion. It is in compliance as it is a non-conforming structure. Hearing is closed for motion and discussion. 3 Mr. Strain moved to recommend approval of BD-2002-AR-3544 with owner waiving his right to a boat house. Seconded Mr. Adelstein. Carried unanimously 7-0. De CU-2002-AR-3142 - Stephen Sposato, AICP, of Agnoli, Barber & Brundage, representing Collier County Board of County Commissioners, requesting a Conditional Use for a regional park in the "A" Rural Agricultural zoning district per section 2.6.9.2 for property located off the future Livingston Road, between lmmokalee Road and Vanderbilt Beach Road, Collier County, FL consisting of approx. 212.77 acres. Those testifying were sworn in by Mr. Abernathy. PETITIONER Stephen Sposato - Agnoli, Barber & Brundage - representing the Board of County Commissioners for a conditional use for a regional park. He showed an aerial site plan map on the visualizer of the area and described it. Major site features include ball field and soccer complexes, a water park and community center with access off Livingston Road. Site has wetlands and is p,reserved. There will also be a bike path and a raised boardwalk. They support the conditions placed on the recommendation of approval. Public meeting was held with residents from Wilshire Lakes in attendance. There were 3 main concerns - 1) Noise - loudspeakers etc. Parks & Recreation will locate the speakers for the events directed at the bleachers only. 2) Lights - Parks & Recreation uses "total light control" which eliminates off site glare from the field itself. 3) Security and fencing - people using the park will gain access and could also gain access to Wilshire Lakes. The code requires a wall between residential and non- residential use and will seek a variance. The gates and property will be closed and secured. No access will be gained when not in use. Hours are 8 AM to 10 PM. Softball bleachers will be covered. Speakers were discussed for containing noise. Maria Ramsey - Parks and Recreation Dept. -There will be special events held such as concerts, and regional and state tournaments. There are three large events in Collier County that could be held at this facility. There will be approx. 100 capacities for seating behind each ball field. Parking - code says 25 parking spaces per field, but will have 50. Mr. Sposato stated there is vegetation and a preserve area on edge of 175 and may install a wall along 175. There will be 150 feet between ball field and property line along 175. It all goes well it could open June 2005. STAFF Fred Reischl - Planning Services - this is consistent with the Growth Management Plan. It is compatible being that Regional Parks need to be located in areas where access 4 to main roads is - which this Park has. There is 200 feet between the residential to the South and the Park and is compatible. Sidewalks will be available along with the bike paths and boardwalks. SPEAKERS Liza McClenaghan - resident of Wilshire Lakes - one of the two adjoining properties occupied to the North Naples Regional Park. Since the first public meetings they have had concerns about lighting, noise, security of the Wilshire Lakes property, fencing, and access to the park by Wilshire Lakes residents and the status of the land known as the Paulsen property. She covered the following concerns: Consider enforcing the hours of operation - particularly the 10 PM closing. Consider limiting regional tournament sports events and special concerts due to noise. Encourage the use of state of the art light and noise. Residents have noticed panther, fox and deer in the area. Include fence and gate for access for Wilshire Lakes community. Like the County to revisit the purchase of a land locked property (Paulsen property). Other access issues. The residents would like walking access to the Park, with the County purchasing a fence with the residents of Wilshire Lake paying for a secured gate. They would maintain it. Maria Ramsey responded one major problem they have if they want a gate to the Park is they will have to open their gated community to the public because it is a public park and allow the public to go through their facility and use that access as a public access. Wilshire Lakes would be a private access into a public park. Mr. Schmitt stated Ms. Ramsey may want to ask the County Attorney concerning this issue. He can't see any reason, for precluding a gate built by the adjoining community, paid by them and controlled by them, that they could not have a gate or access to the Park, unless there is some legal policy from the Administrative Services Director. Marjorie Student - Assistant County Attorney - will have to address this with Mr. Weigel, but that there are issues when dealing with public property and access'. Mr. Schmitt felt there could be an insurance issue, but would have to address that concern. Many of the Commissioners felt it should not be a problem for Wilshire Lakes residents. Mr. Reischl stated the Land Development Code requires a masonry wall between a non- residential and residential use and can be eliminated or changed with an administrative variance. He stated Mr. Sposato mentioned it was their plan, staff agreed and supported it. They did discuss a chain length fence because of the flow way and landscaping more acceptable than a wall. Liza continued that the Landscape architects wanted to use the King Marco Cat and other artifacts and she felt it was not appropriate to have water spouting from the ceremonial artifacts of another culture. Mr. Strain asked about the noise from concerts and about limiting the times. Marla Ramsey responded they would all close at 10:00 PM. Mr. Strain felt concerts could be a big disturbance and 10:00 PM is too late. It was noted the Board of County Commissioners has directed Parks and Rec. to mn a concert of which would be the County Jam which is now held at the Vineyards. If it outgrows that area, it would be run at this location. Mr. Schmitt mentioned a temporary use permit would be needed and approved by the BCC and dealt with at that time. Mr. Richardson asked about the Site Development Plan. Would it be appropriate to request the interest of Wilshire Lakes be made part of the companion use of the access or non access? Mr. Schmitt felt the only concern to prohibit the access would be the liability issue. There will be follow through and notice to the Homeowners Assoc. of a submission of a Site Development Plan to the County. Ray Bellows noted the Petitioner has submitted a companion SDP with a conditional use. It is under review, and not approved until the staff planner reviews it. The Hearing is closed for motion and discussion. Mr. Adelstein moved to forward CU-2002-AR-3142 to the Board of Zoning Appeals subject to the five staff conditions. Seconded Mr. Schiffer. Mr. Strain would like to add the following to staff's recommendations and motion: 1) special criteria for speaker use, 2) light control shielding, and 3) limit the operating hours of the park to be 8 AM to 10 PM. Marjorie stated these can be conditions in the "Conditional Use". Discussion followed. Motion carried unanimously 7-0. to CU-2003-AR-3730 - David A. Titsch, of Titsch & Associates, Inc., representing East Naples Fire Control District, requesting Conditional Use 11 of the "C-4" zoning district. This project will consist of a fire station. The property located on the southeast corner of Bayshore Drive and Jeepers Drive, Collier County, FL, consisting of approx. 0.63 acres. Those testifying were sworn in by Mr. Abernathy. PETITIONER Nick Beondo - Deputy Chief- Mr. Titsch got called away unexpectedly. (Mrs. Young left at 11:35 AM.) STAFF Kay Deselem - Planning Services - Conditional Use request to allow for a fire station on thc southeast comer of Bayshorc and Jecpcrs Drive. Other than fire trucks can come in and out of the Jccpcrs access - fire trucks themselves can only access thc site out. This was from input at neighborhood meetings. She showed an aerial of thc site. Is consistent with C-4 zoning but not in compliance with thc Bayshorc Overlay. Staff has included conditions: clone project to mcct needs of C-4, fire station is thc only conditional usc that would be allowed, setbacks, Bayshore Overlay, potential signalization at Bayshore and Jcepers, site plan not currently in compliance with architectural standards, (applicant is on notice of such), and concerns of transportation. They are recommending approval with those conditions. Rendering was shown. Discussion followed on the signalization, U-tums and the intersection of Jeepers. Mr. Beondo discussed the tums and had worked with staff on the situation and complied. Mr. Richardson appreciated getting the notes or minutes of the Public Hearing. He is wondering why they do not get them on other Hearings. Mr. Bellows stated the LDC requires the applicant to provide narrative of the meeting and recorded minutes, (video tape). The quality of the narrative varies but will discuss with staff. Staff summarizes the minutes. Staff does not have a method of transcribing if done by recording. Hearing is closed for motion and discussion. Mr. Strain moved to forward to the Board of Zoning Appeals with a recommendation of approval subject to the seven staff conditions. Seconded Mr. Schiffer. Carried unanimously 6-0. 9. Old Business - none. 10. New Business - Mr. Schiffer asked if a cover sheet could be given when changes have been made before the meetings to the Agenda Items. Mr. Schmitt felt it could be done as a summary sheet. 11. Public Comment Item - none. 12. Discussion of Addenda - none. 7 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:55 AM. COLLIER COUNTY PLANNING COMMISSION Chairman Mr. Kenneth Abemathy COLLIER COUNTY GOVERNMENT Commnnlty Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 May 6, 2003 TURRELL & ASSOCIATES ATTN: MICHAEL HAWKINS 3584 EXCHANGE AVE SUITE B NAPLES, FL 34104 REFERENCE: BD-2002-AR-3544, ALEXANDER, SUSAN Dear Mr. Hawkins: On Thursday, May 1, 2003, the Collier County Planning Petition No. BD-2002-AR-3544. A copy of Resolution No. 03-09 is enclosed approving this use. If you have any questions, please contact me at 403-2400. Ross Gochenaur Planner Commission heard and approved Enclosure CC: ANGELO G ALEXANDER Land Dept. Property Appraiser Minutes & Records (BD, PSP & PDI) t~~ Customer Service Addressing (Peggy Sarrell) M. Ocheltree, Graphics File ~ C Phone (239) 403-2400 Fax (239) 643-6968 www. colliergov.net CCPC RESOLUTION NO. 03- 09 RELATING TO PETITION NUMBER BD-2002-AR-3544 FOR AN EXTENSION OF A BOAT DOCK ON PROPERTY HEREINAFTER DESCRIBED FLORIDA. IN COLLIER COUNTY, WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on ali counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks; and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has held a properly noticed public hearing and considered the advisability of a 30-foot extension for a boat dock from the 20-foot length allowed by LDC § 2.6.21. to authorize a 50-foot boat dock facility in an RSF-4 zone for the property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 2.6.21 .; and WHEREAS, the CCPC has given all interested parties the opportunity to be heard, and considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that: Petition Number BD-2002-AR-3544, filed on behalf of Susan H. Alexander by Michael Hawkins of Turrell and Associates, for the property hereinafter described as: Lots 142 and 143 less the E 5 feet of Lot 142, as described in Plat Book 3, Page 46, of the Public Records of Collier County, Florida, be, and the same is hereby approved for, a 30-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC § 2.6.21., to authorize a 50-foot boat docking facility in the RSF-4 zoning district wherein said property is located, subject to the following conditions: 1. Before Collier County will issue a permit to construct the approved extension, corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection must be provided. 2. Prior to final approval of this dock extension, reflectors and house numbers of no less than four (4) inches in height must be installed at the outermost end on both sides of all docks or mooring pilings, whichever protrudes the furthest into the waterway. 3. In order to protect manatees, at least one "Manatee Area" sign must be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway. 4. No roof or cover may be placed on the pilings approved by this petition. All prohibited exotic species, as such term may now or hereinafter be established in the LDC, must be removed from the subject property prior to issuance of the required certificate of completion and the property must be maintained free from all prohibited exotic species in perpetuity. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this / x F day of ('t/cz v ,2003. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA KENNETH L. ABERNATHY,,C>~-IAIRMAN ATTEST: o ~ph K. Schmit~ "~ i?sn~mD~n~:IrOaPtTnt and Environmental ~,~--~ovejl-aslt~ol' ~m and I~gal Sufficiency: Patrick G. White Assistant County Attorney BD~2002-AR-3544/RG/sp FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST~'''''~ E--FIRST NAME--MID D LE NAM E NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI3-rEE MAILING ADDRESS CIIY DATE ON WHICH VOTE OCCURRED COUNTY THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMI3-rEE ON WHICH I SERVE IS A UNIT ~)F: Q CrTY ~COUNTY E] OTHER LOCAL AGENCY NAME OF POLJ'rICAL SUBDIVISION: MY POSITION Q ELECTIVE ~/JAPPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or e!ected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143~ FLORIDA STATUTES A '~son holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which im 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 disctose 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 rr~''~ disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made b, . .,u or at your direction. IF YOU INTEND TO MAKE ANY AT-TEMPT 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) ..~ ~ FORM 8B - REV. 1/98 PAGE I 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 meeling 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 (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 whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE ~'O MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE'OF THE FOLLOWING: IMPEACHMENT; REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - REV. 1/98 PAGE 2