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8-11-14 Reg. Commission minutes MINUTES *REGULAR CITY COMMISSION MEETING August 11, 2014 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Mayor Pro Tem Mark Beckenbach City Attorney Richard Komando Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Maria Mark Recording Secretary Nancy E. Bailey ABSENT: Commissioner Jimmy Hill Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30 p.m. Mayor Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. She recognized former Jacksonville Mayor and current President of University of North Florida John Delaney who was in the audience. 1. A. Approve the minutes of the Regular Commission Meeting of July 14, 2014. B. Approve the minutes of the Workshop of June 23, 2014. C. Approve the minutes of the Special Workshop on Police Building of June 23, 2014. D. Approve the minutes of the Public Meetings of June 27, 2014. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. Item 7A was taken out of sequence and acted on at this time. 7A. ORDINANCE NO. 15-14-14,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2010B; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 15-14-14 by title. She opened the floor to the Public Hearing. No one in the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 15-14-14 as read., Moved by Mark, Seconded by Daugherty August 11,2014 REGULAR COMMISSION MEETING Page 2 Votes: Aye: 4—Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Item 6A was taken out of sequence and acted on at this time. 6A. Resolution No. 14-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE NO. 15-14-14; AUTHORIZING THE ISSUANCE OF A $13,960,0000 UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014; AUTHORIZING AWARD OF THE BONDS TO TD BANK, N.A. FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE BOND, THE LOAN AGREEMENT AND THE ESCROW DEPOSIT AGREEMENT; AUTHORIZING CERTAIN CITY OFFICIALS TO TAKE ALL NECESSARY ACTION IN CONNECTION WITH THE ISSUANCE OF THE BOND AND THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND THE ESCROW DEPOSIT AGREEMENT AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Resolution No. 14-07 by title. Motion: Approve Resolution No. 14-07 as read. Moved by Mark, Seconded by Daugherty Mayor Woods stated the City Manager and staff have done a wonderful job on this refinancing and over the course of 10 years it will save the City approximately $1.6 million. Votes: Aye: 4—Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. She stated she will limit comments to 2 minutes tonight. Katie Armstrong, 1116 Linkside Ct.W., spoke in support of the Human Rights Ordinance (HRO). Chris Jorgensen,92 W.3rd Street, spoke in opposition to the HRO. Jill Stanton, 1978 Brista De Mar Circle, spoke in support of the HRO. Nancy Whittington, 1861 Beachside Ct., spoke in opposition to the HRO. Tracey Westbrook, 1560 Selva Marina Dr., spoke in support of the HRO. John Stinson, 150 12th Street, stated he believes it would be a good thing to let the citizens vote and believes the City needs a parking permit program. He also asked if the pervious/impervious restrictions for construction in Atlantic Beach have been rescinded because he is seeing homes going up where lots are August 11,2014 REGULAR COMMISSION MEETING Pane 3 covered almost from fence to fence. He stated he believes if we ever get a really big storm, the City will suffer because of the amount of runoff in the streets and where people can't travel. James Pope,441 Aquatic Drive, spoke in support of the HRO. Lynn Perry, 1325 Munson Cove Drive, spoke in support of the HRO. Rosalind Hoffman,266 Magnolia St., spoke in support of the HRO. Amber Barnes, 740 Sailfish Dr., spoke in support of the HRO. Michelle Carter,315 Sailfish Dr. E., spoke in support of the HRO. Suzanne Reis,2268 Mayport Rd., spoke in opposition to the HRO. Judith Johnston, 2207 Alicia Lane, spoke in opposition to the HRO and asked why it was denied to voters. She requested that they make public the specific indisputable proof of discrimination cases that they researched and were assured of to be considering such legislation. Kris Matson,540 Hopkins Street,Neptune Beach, spoke in support of the HRO. Marshall Wood, 1262 Rushing Dr.,Orange Park, spoke in opposition to the HRO. Theresa Weatherford,371 9th St.,did not speak but stated she supports the HRO. Jim Stehr, 1752 Sea Oats Dr., spoke in opposition to the HRO. David Johnston, 2207 Alicia Lane, spoke in support of non-discrimination but not the HRO as it reads now as related to places of public accommodation. Carlos Jones, 551 Vikings Lane, spoke in opposition to the HRO. Gary Grider,2057 Vela Norte Circle, spoke in opposition to the HRO and asked that they give the public a chance to vote on this. Don Peters, 1902 N. Sherry Dr.,spoke in opposition to the HRO. Judy Sheklin, 1985 Brista De Mar Circle,spoke in support of the HRO. Richard Salkin,336 Sunrise Circle, spoke in support of the HRO. Sabrina Wheeler,2392 Covington Circle E., spoke in opposition to the HRO. Michelle Knight, 1494 Linkside Dr., spoke in support of the HRO. Robert Schlenoff, 1094 Stocks St., spoke in opposition to the HRO. John Delaney, 110 Bowles St.,Neptune Beach, spoke in support of the HRO. August 11,2014 REGULAR COMMISSION MEETING Page 4 Carole McManus, 1205 Salt Creek Isle Dr., Ponte Vedra, spoke in support of the citizens making the decision. Rick Poppell,357 Sherry Drive, spoke in support of the HRO. Deborah Fisher, 544 Cruiser Lane, spoke in support of this going to the voters and in opposition to the HRO. Tricia Russell,8720 County Rd. 13 N., St.Augustine, spoke in support of the HRO. Brenda Shields,315 18th St. N.,Jacksonville Beach, spoke in support of the HRO. Michael Sheklin, 1985 Brista de Mar Circle,spoke in support of the HRO. Susan Wallace, 1912 Hickory Lane, spoke in support of the HRO. Don Sasser, 2237 Oceanwalk Drive W., spoke in opposition to the HRO and asked that they let the citizens decide. Dan Merkan,3159 College St.,Jacksonville, spoke in support of the HRO. Donna Sasser,2237 Oceanwalk Drive W., spoke in opposition to the HRO and wants the citizens to be able to vote. Janie Jones, 1075 Eagle Bend Court,Jacksonville, spoke in support of the HRO. Helen Urban,543 Pelican Key, spoke in support of the HRO. Julie Malmstrom,2042 2"d St. S.,Jacksonville Beach, spoke in support of the HRO. Rafael Usher, 13245 Atlantic Blvd. #4-233, spoke in support of giving the people the chance to vote stating he was in opposition to the HRO. Aryana Vonteese, 1780 Leon Rd.#2212,Jacksonville, spoke in support of the HRO. Matthew Fain, 1780 Leon Rd. #2212,Jacksonville, spoke in support of the HRO. Roseanne Larizza, 721 Neptune Lane,Neptune Beach, spoke in support of the HRO. John Ster, 1701 Selva Marina Dr., spoke in support of the HRO. Ruth McGuffin, 1965 Brista De Mar Circle, spoke in support of the HRO. Helen Bradley,94 Ocean Side Drive, spoke in support of the HRO. Blake Harper,3909 Sunbeam Rd.,Jacksonville, spoke in opposition to the HRO. August 11,2014 REGULAR COMMISSION MEETING Pate 5 Ben Steffens, 1115 Main St., spoke in opposition to the HRO. William Lyon, 1125 Main St., spoke in opposition to the HRO. Heather Downs,375 3rd St., spoke in support of the HRO and does not want this to go to a vote. Gretchen Detres-Murray,346 Magnolia St., spoke in support of the HRO. Mary-Blue Ster, 1701 Selva Marina Dr., spoke in support of the HRO. Bobby Nord,5201 Atlantic Blvd.#254,Jacksonville, spoke in support of the HRO. Danielle Krusemark, 761 Peppervine Ave.,Jacksonville, spoke in support of the HRO. Dag Heede, 171 Club Drive, spoke in support of the HRO. Barbara Jean Whitehead,234 Poinsettia St., spoke in support of the HRO. James Eddy,222 Lawton Ave.,Jacksonville, spoke in support of the HRO. Chevara Oren,2069 N.Market St.,Jacksonville,spoke in support of the HRO. Donna Christensen,2039 Paradise Oaks Ct., spoke in support of the HRO. Susanne Barker, 1938 Beachside Ct. in support of the HRO but did not speak. Mark Hill, 1726 Selva Marina Dr., spoke in support of the HRO. Lucy Lynch, 710 2°d St.,Neptune Beach, spoke in support of the HRO. Laura Riggs,301 E.Bay St.#405,Jacksonville, spoke in support of the HRO. Thomas Serwatka, 1431 Riverplace Blvd.,Jacksonville, spoke in support of the HRO. Brenda Samara,2233 Seminole Rd.#19, spoke in support of the HRO. John Hancock,336 Sunrise Circle, spoke in support of the HRO and the dog park. Tom Steele,923 Mystic Harbor Dr.,Jacksonville, spoke in support of the HRO. Deborah Carter,803 Wood Hill Dr.,Jacksonville, spoke in support of the HRO. Travis Christensen, 2871 Affirmed Court, Green Cove Springs, spoke in support of the HRO and against a referendum. Ana Shepard,41 Coral St.,spoke in support of the HRO. Jimmy Midyette,5683-2 Solomon Rd.,Jacksonville, spoke in support of the HRO. Autust 11,2014 REGULAR COMMISSION MEETING Pate 6 Lyn Lazarus,540 Hopkins St.,Neptune Beach, spoke in support of the HRO. Joseph Quest, 1501 Atlantic Blvd, Neptune Beach., addressed improving the look of the Mayport Rd corridor. Lynne Carroll,316 9th St., spoke in support of the HRO. Carrington Mead,3948 Anvers Blvd. Jacksonville, spoke in support of the HRO. Michael Farmer, 134 E. Colonial Dr.,Orlando, spoke in support of the HRO. Gena Delaney, 110 Bowles Street,Neptune Beach, spoke in support of the HRO. Marye Delaney,215 Myra Street,Neptune Beach, spoke in support of the HRO. Sharon Simmons,2755 Riverside Ave.,Jacksonville, spoke in support of the HRO. Katie Delaney, 1610 Landon Ave.,Jacksonville, did not speak,but was in support of the HRO. Phil Wemhoff,Jacksonville, spoke in opposition to the HRO. Ali Hall, 1401 Neptune Grove Dr. W.,Neptune Beach, did not speak but was in support of the HRO. Terry Lamb, (14603 Beach Blvd.) sailing vessel Sandollar, Intracoastal Waterway, spoke in support of the HRO. PK Drake,4524 Attleboro St.,Jacksonville, spoke in support of the HRO. Debbie Price,316 9th St.,spoke in support of the HRO. Linda Huffman,501 16th Avenue S.,Jacksonville Beach, spoke in support of the HRO. Jane Kosut, 1969 Sevilla Blvd.W., spoke in support of the HRO. Mary Anne Aycock, 1632 Park Terrace W., spoke in support of the HRO. Marina Hadgini, 721 Neptune Lane,Neptune Beach, spoke in support of the HRO stating we don't need a referendum. Lori Armstrong, P.O.Box 3381,Neptune Beach, spoke in support of the HRO. Bill Delaney, 1610 Landon Ave.,Jacksonville, did not speak but was in support. Sharon Qualls, 10 Tenth St.,#50, spoke in support of the HRO. Nigel Bennie, 147 Pine Street, spoke in support of the HRO. August 11.2014 REGULAR COMMISSION MEETING Page 7 Tasha Hall, 1948 Brista De Mar Circle, spoke in support of the HRO. Brian Hughes, 171 Club Drive, spoke in support of the HRO. Shirlee Richardson-Miller, 1529 2°d Avenue N., spoke in support of the HRO. Woody Winfree,335 3"1 Street, spoke in support of the HRO. Debran Harmon,611 Selva Lakes Circle, spoke in support of the HRO. Avery Garner,Jacksonville, spoke in support of the HRO. Michael Hohman, 11334 Carlsburg Ct., Jacksonville, stated he was concerned about the enforcement of the HRO and was in opposition to the HRO. Dawn O'Connor,611 Selva Lakes Circle,spoke in support of the HRO. Peyton Hopkins,95715th Ave. S.,Jacksonville Beach, spoke in support of the HRO Steve Piscitelli,375 Magnolia St., spoke in support of the HRO. Jessica Osborne,3208 Herschel St.,Jacksonville, spoke in support of the HRO. Item 7D was taken out of sequence and acted on at this time. 7D. ORDINANCE NO. 95-14-108,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES, TO PROHIBIT DISCRIMINATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 95-14-108 by title. She stated Commissioner Hill is not here this evening and sent in a note requesting they postpone the vote on this and asked if any of the Commissioners would like to make a motion to do that. Motion: Defer Moved by Beckenbach,Seconded by Daugherty Commissioner Mark stated she absolutely cannot support that motion. She stated she understands Commissioner Hill's personal issues for not being here; however, she stated this ordinance has been discussed for months now. She stated every one of the Commissioners has had more than ample opportunities to bring forward what they wanted to bring in this ordinance. She stated there is no dispute that Commissioner Hill is not a supporter of this ordinance. She stated to defer this vote simply because Commission Hill is not here, knowing that he is not a supporter of this ordinance, would just give it undue delay and she does not support deferring this ordinance. She stated if they pass the ordinance, they can always amend the ordinance if they find it needs to be tweaked. She stated if they do not vote on this ordinance tonight,then they will have done a greater injustice then not voting for it at all. August 11,2014 REGULAR COMMISSION MEETING Page 8 Commissioner Daugherty stated he seconded this so they could discuss this. He stated he does believe it needs to be amended in such a way that it would take it to a first reading again and that would add another month to this, so he wanted to discuss whether the Commission would be in favor of the amendment before they vote on this. Mayor Woods stated they need to address the motion that is on the floor. Commissioner Beckenbach stated at the last meeting Commissioner Hill said he had a certain concern that he wanted to discuss with legal. He stated he couldn't come back to the Commission because it has to be out in the open. He stated he is for the HRO but believes there should be an opportunity for another Commissioner to bring forward something that he feels would be beneficial for the HRO itself. He understands what Commissioner Mark stated that Commissioner Hill has had a long period of time in which to come up with something and he hasn't. He stated, at this point,he was supposed to have and he doesn't know if he has. He asked City Attorney Komando if Commissioner Hill had spoken to him about the HRO. Mr. Komando stated they talked more about his inability to be here and whether or not it should be deferred. He stated he brought up one other topic but he believes it is something he wants to bring up. Commissioner Beckenbach asked if Commissioner Hill has spoken to Mr. Komando about changing the HRO. Mr. Komando stated Commissioner Hill expressed concerns about another jurisdiction that is having a similar legal fight. Mayor Woods asked when was this discussion, with Commissioner Hill, about him having a specific point he wanted to discuss. Commissioner Beckenbach stated it was at the last meeting. Mayor Woods asked if Commissioner Hill brought up what that issue was and if he has spoken to Mr. Komando about what this issue is. Mr. Komando stated he doesn't know if it is the same issue; he brought up an issue about a legal challenge he had found doing some research. Mayor Woods stated that is not specific language about the ordinance and ask if he has spoken to him about anything specifically in the ordinance. Mr. Komando stated no. Mayor Woods stated he said at the meeting that he had a specific issue but he didn't tell anybody at the meeting what it was and said he would get with counsel and he didn't speak about anything specific with counsel. Commissioner Beckenbach stated in this particular case if they are going to vote for the ordinance he wants to make sure they give each of the Commissioners the opportunity to vote and the final opportunity to make their final statement. Commissioner Daugherty stated he would encourage the Commission to extend this courtesy. He stated he has some serious concerns about the language based on some comments that were made tonight. Mayor Woods stated Commissioner Hill has opposed this the entire time; they have asked him repeatedly for any specific language that he could offer and he has come up with none. She stated Commissioner Daugherty has opposed this repeatedly and they have asked him for specific language and he came up with quite a bit,he joined in the conversation and helped. She stated she believes if it was Commissioner Daugherty asking for this she would be a lot more prone to it but Commissioner Hill has shown commitment only to avoidance. She stated the fact that he brought it up at the meeting but was not specific about anything still and has had two weeks since then to speak to counsel about it and counsel says there was no specific language. She stated Commissioner Hill says he has something that he knows about and wants to share but he hasn't shared. She stated she has to question, as does Commissioner Mark the motivation. She stated at this point she believes it is more prudent for the City to move ahead. She believes our counsel has done a wonderful job of researching; there have been numerous discussions about lawsuits going on or not going on in other places. She stated she has every respect for Commissioner Hill and his convictions but she believes at some point politics doesn't trump anymore and it is time to serve the community. She stated that is where she stands and would like to call the vote on the motion to defer. She stated if there is language someone wants to bring up for them to consider,they always can and always will. Mayor Woods called the vote. August 1L 2014 REGULAR COMMISSION MEETING Pare 9 Votes: Aye: 4—Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Mayor Woods asked the City Clerk to do a roll call vote on the deferral. Roll Call Votes: Aye: 2—Beckenbach,Daugherty Nay: 2—Mark,Woods MOTION FAILED Mayor Woods said to Commissioner Hill, if he is watching,please bring them specific language and they will be happy to consider it in the future. She asked Commissioner Daugherty if he has certain concerns to please bring them forward. Motion: Approve Ordinance No. 95-14-108 as read Moved by Mark, Seconded by Beckenbach Commissioner Daugherty asked the Commission how they feel about this going to referendum, stating he is in support of it. Mayor Woods stated she does not believe the community needs to be torn apart like that. Commissioner Daugherty stated then it would be a 2-2 vote so he will not make that motion. He referred to page 3 "Places of public accommodation" stating, after hearing the public comments, he would like to strike the last five lines starting at facilities and accommodations. He stated he believes if they pass this as written they are opening the churches to possible litigation. Motion: Strike last five lines of the third paragraph on page 3. Moved by Daugherty, Seconded by Beckenbach Commissioner Mark asked legal counsel to comment on that. Mr. Komando explained what Commissioner Daugherty is referring to under the definition of public accommodation or places of public accommodation. He stated if a religious organization does rent or lease or allow others to use their space, you look at the last five words of that definition which says, "but not to the public". He stated by allowing the public to use it, it would no longer be a place, and you have to go to the beginning of that definition where it states, the following shall not be considered places of public accommodation and it refers to private clubs, establishments, etc. He stated if a religious organization, association, society or non-profit allowed their facility or establishment to be used by the public then that place would no longer be considered a public accommodation. He stated even though that place would be considered a place of public accommodation, the religious organization would still be protected under the exemption portion on page 7. Mayor Woods stated so when they were having religious members use the facilities or are having religious church events they would be exempt from the ordinance, but if they are operating a business by renting out the space it would be like any other business. She asked if they would still need to have 15 employees or more. Mr. Komando stated he would have to do more checking on that. He stated he mentioned to Commissioner Daugherty during public comment that he has heard there are some cases that deal with when a facility or establishment could be considered public versus a private or religious place,but he didn't anticipate that question coming up tonight so he hasn't done that research. August 11,2014 REGULAR COMMISSION MEETING Page 10 Commissioner Beckenbach stated an example would be the church that is in the Atlantic Theatre. He stated if they offered it to individuals such as himself when he ran for office to have a debate there and they would take money for that. He asked if that would then be considered a public accommodation. Mr. Komando stated that was correct. Commissioner Beckenbach stated then if the LGBT community wanted to do the same thing and they said no, that would not be acceptable because it is a public accommodation and they would not be able to say the LGBT community could not rent their property. Mr. Komando stated the organization couldn't claim that it is not a place of public accommodation because they had allowed it to be used as a place of public accommodation. Discussion ensued. Commissioner Beckenbach stated, to him, this is just stating that any organization, religious or not, that decides they are going to rent out part of their assets or place they want to make a certain amount of money on, that they can rent it out to anyone in the public but they can't discriminate against who in the public they rent it out to, unless they say they aren't going to rent it out to anyone in the public and then they can be discriminatory at any time. Mr. Komando stated that is traditionally what country clubs do; they don't allow their facility to be open to the public. He stated that is why private clubs generally will have a member rent the facility and then anyone who comes is a guest of that member; they aren't renting to the public. Commissioner Beckenbach asked Commissioner Daugherty where is he seeing a problem with that as far as a religious organization is concerned since they still have the opportunity to discriminate but once they start renting it out to the public then they can't start being discriminatory and say I'll choose you, but I won't choose you. Commissioner Daugherty stated there aren't many places in Atlantic Beach where you can have 100 people show up for something and Commissioner Beckenbach's example of the debate for the election is a great example. He stated the thing about the possibility of something coming up that may be gay-oriented is that it directly goes against their core beliefs and values that they may profess, although he can't speak for the Vineyard Church. Mayor Woods stated he just said he didn't know what they were so you can't turn around and say it does. Commissioner Daugherty stated a lot of churches profess this. Mayor Woods stated a lot of churches don't. Commissioner Daugherty stated they have been very careful when crafting this ordinance to protect churches. Mayor Woods stated the difference here is that they are operating as a business at that point and collecting money. Further discussion ensued. Commissioner Beckenbach stated in this particular case as far as discrimination is concerned they would be discriminating only if they selected in the public from one group saying we will okay you to have it but the other group will not be allowed to because you are not the correct race, not the correct gender, etc. He asked if that was correct. Mr. Komando stated you are crossing over into what is prohibited conduct from the definition of what a place of public accommodation is. He stated a religious organization that rents out a facility to the public cannot claim that that place is not a place of public accommodation. Mayor Woods stated this is just defining what public accommodation is and if you have accommodations that you rent to the public, it becomes a public accommodation by definition. Commissioner Beckenbach asked Commissioner Daugherty if he is saying if it goes to the public he doesn't want it to be a public accommodation. Commissioner Daugherty stated he doesn't want a situation where a church does something like that and then finds themselves in a situation with a lawsuit. Commissioner Beckenbach stated if you are going to rent to the public, basically, you are saying that this definition says that if it is rented to the public then it is a public accommodation. Mr. Komando stated this is just a definition of a place of public accommodation. Commissioner Daugherty stated he believes he better understands it now. Commissioner Daugherty withdrew his motion; Commissioner Beckenbach withdrew his second. Mayor Woods opened the Public Hearing, asking if there was anything additional the public would like to speak to. David Johnston, 2207 Alicia Lane, stated this wording prohibits the care of people by the church, using its own facility, simply because they are members of the public and the church is not becoming a self serving August 11,2014 REGULAR COMMISSION MEETING Page 11 organization so it can only use its facilities and assets for itself. He stated the church needs to care for the public without discrimination, but the wording here prohibits the church, changes the category, based on the fact that the church is using its own facilities for the care of the public. He stated that is a greater issue than the rent thing; it is not so cut and dry. He stated now this ordinance by its wording prohibits the church from using its own facilities to care for the public. Jimmy Midyette, 5683 Solomon Rd., stated he doesn't believe what they were tal 'ng about in this last discussion has to do with the church's ministerial function and its mission on earth. a stated it talks about whenever the church holds itself out as a public accommodation; when it takes in re t for the facility. He stated churches then get taxed on those commercial things that happen. He stated a issue here isn't the church being open to members and nonmembers, and ministering to its community, th issue is whenever the church has a facility and rents that facility out to the public, then their obligations under this ordinance may be impacted,but not for its general ministerial function. John Stinson, 150 12th St., asked about violation of sunshine law with Commissioner Daugherty speaking to the City Attorney during the public comments portion. Mayor Woods stated that is not a violation because the City Attorney does not vote so they are always able to speak with their counsel. No one else from the audience spoke, so the Mayor closed the Public Hearing. Mayor Woods asked the City Clerk to call the roll for the vote. Roll Call Votes: Aye: 4—Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Before he voted, Commissioner Daugherty stated that he is against this but, so he could bring it up for reconsideration at the next meeting so Commissioner Hill could have his say, he would vote aye. Mayor Woods stated she is real sad to hear politics come into this. She thanked everyone for their hard work and thanked the City Attorney for all of his time and efforts in this. She stated she hopes when Commissioner Daugherty and Commissioner Hill bring this up that they have clear concise language that they would like to discuss so that they don't expend anymore than necessary of City resources. Commissioner Daugherty stated it will take a vote of three people to bring it up for consideration, so one of you guys will have to want to hear what Commissioner Hill has to say. Mayor Woods adjourned the meeting for a short break. The meeting was reconvened at 9:48 p.m. Item 8B was taken out of sequence and acted on at this time. 8B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited wholesale operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard. Motion: Approve the Use-By-Exception 14-00100019 as read. Moved by Daugherty, Seconded by Beckenbach August 11,2014 REGULAR COMMISSION MEETING Page 12 Votes: Aye: 4—Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Item 8A was taken out of sequence and acted on at this time. A. Public Hearing on Request for use-by-exception (UBEX-14-00100018) to allow the permanent storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512 Stewart Street. Mayor Woods opened the Public Hearing. Charles Mann, 165 Arlington Rd., stated this is very close to some property he owns on Stewart St. and Mary St. and he is opposed to this unless they can properly condition it to lessen the impact on his piece of property. He stated he has spoken to the applicant and they have come up with some areas he believes they can have a meeting of the minds on. He referred to the exception this falls under, stating this is actually a bus terminal; storage of cars is where they are there on a prolonged basis. He stated this is the coming and going of 38-40 school buses on a daily basis and that constitutes a bus terminal. He stated he does not believe it is properly before the Commission. After speaking with the zoning administrator, who has been very helpful to him in getting ready for this, he said he determined this was the closest zoning category that the bus terminal would fit in and,therefore, it would be allowed by exception. He stated, as a property owner, he would rather see a decision like that made by an elected body, not by an administrator. He stated if they want to change the code it should be done, in his opinion, by the Commission, not by a zoning administrator. He stated he is also concerned about the effect this is going to have on the growth and redevelopment of this area. He believes there are several compromises that could be put on this piece of property, i.e., allowing all the cars to come out to Main St., go south on Main St. to Levy and using Levy as access to Mayport Rd. to keep them out of this residential area; the piece of property that fronts on Stewart St. be designated solely for the parking of the bus drivers cars; some visual screening along Stewart St. with shrubbery; and some concern for the protection of the aquifer. Attillio Cerquera, 36 W. 6th St., stated he understands what Mr. Mann is saying about his property that is adjacent to his commercial property and definitely wants to create a lower impact on the residential properties. He stated this industrial property has been zoned like this since the 1960s. He stated these residents have moved in on this industrial property. He stated it has been zoned industrial and is supposed to be used as industrial property. He stated he is not certain how you can come and go without making any impact on the public environment of this industrial property without going down these streets. He stated he has no problem with Mr. Mann's recommendation of coming out on Main and going to Levy, making a new ingress and egress and then putting the cars on that adjacent lot. He stated to speak with the problem with the oils and gas, he has to go through St. Johns Water Management District to create a system that would hold and retain every bit of his water on his property so there wouldn't be any issues with that. He stated he would be able to fence it off or put some screening on Stewart Street so it is not seen from Stewart St. and then create the ingress and egress off of Main St. Nancy Parrish, 1611 Main St., stated her parents owned this property in the 1950s and eventually sold it and she has the last piece of that property which is light industrial, so she is concerned about what she will end up doing with it if he does put buses out there. She stated she would like to know if it is going to up the value of the property. August 11,2014 REGULAR COMMISSION MEETING Page 13 No one else from the audience spoke so Mayor Woods closed the Public Hearing. Building and Zoning Director Jeremy Hubsch answered questions from the Commission. Discussion ensued. Mr. Cerquera further explained the product that is proposed to be used for the parking area. He answered questions from the Commission. Commissioner Daugherty revealed he has been advised by counsel that he has a possible conflict of interest and will not vote or discuss this item and will prepare a memorandum to be delivered to the Commission (which is attached and made part of this Official Record as Attachment A). Mr. Hubsch addressed Mr. Mann's earlier point about whether this should be a use-by-exception, stating it is one of those things in the code where there is not a listing for every specific use that is out there so they found the one that was most similar to it. He stated if the Commission disagrees with that judgment they could deny it based on those grounds. Mayor Woods asked if we have codes that allow parking lots. Mr. Hubsch stated there is a code that allows off street parking lots, which would also require a use-by-exception. Discussion ensued related to the schedule and routes of the buses. Motion: Approve UBEX 14-0010018 to allow storage of buses in the light industrial and warehousing zoning district located at 512 Stewart Street with the following conditions: approval of SJRWMD permit or a letter from the SJRWMD stating no approval is necessary; visual screening installed on site, so buses are not in view from Main St. and Stewart St., opaque gates shall be installed at both access points; limit of 40 buses on site; route buses to Main St. to Levy; and work with City to develop landscape buffer on the west side of Main St.to protect the environment of those houses. Moved by Woods, Seconded by Mark Mr. Mann stated that certainly pleases him. He stated he believes in rights of a man to use his property and this is a fair compromise if it is done this way and he can certainly live with that. Commissioner Beckenbach stated he would like to come back and talk about that light industrial area sometime in the future because he is seeing the residential areas that are developing over there and knows that right now we have a light residential but at a later time he would like to see if they can move it more toward the residential on both sides of that street. Votes: Aye: 4—Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. None. 4. Consent Agenda August 11,2014 REGULAR COMMISSION MEETING Page 14 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly Financial Report for June 2014. B. Award the contract for annual Janitorial Services for City Facilities (Bid No. 1213-06) to Supreme Janitorial Service for one (1) additional year to expire on September 30, 2015. C. Declare this list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. D. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on-line applications on behalf of the Mayor and the City. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A-D as read. Moved by Mark, Seconded by Beckenbach Votes: Aye: 4—Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 14-07 This item was taken out of sequence and acted on earlier in the meeting. 7. Action on Ordinances A. ORDINANCE NO. 15-14-14,Public Hearing and Final Reading This item was taken out of sequence and acted on earlier in the meeting. B. ORDINANCE NO. 58-14-38,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; Aunust 11,2014 REGULAR COMMISSION MEETING Pane 15 REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 58-14-38 by title. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 58-14-38 as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 4—Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 58-14-39,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 58-14-39 by title. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No.58-14-39 as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 4—Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED D. ORDINANCE NO.95-14-108,Public Hearing and Final Reading This item was taken out of sequence and acted on earlier in the meeting. E. ORDINANCE NO. 5-14-61,Introduction and First Reading(Deferred on 7/14/14) AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 5-14-61 by title. Motion: Approve Ordinance No. 5-14-61 as read. Moved by Daugherty, Seconded by Mark Commissioner Beckenbach, referred to Item 8C, stating he wants an amendment to the present code, Sec. 2- 16,which he read from his report in 8C. He stated the need is to continue to have business move along but he has heard from a number of different citizens that the workshop was really worthwhile and they appreciated August 11,2014 REGULAR COMMISSION MEETING Page 16 that they had the extra opportunity to discuss and to hear what the agenda was all about. He stated this would allow staff to have the opportunity to have the consent agenda and other areas such as an RFP to be put through, as they are asking, to continue to move the business of the City along but also to make sure that everything else that would be voted on would be workshopped before we have the vote. Mayor Woods stated she understands Commissioner Beckenbach's concerns but believes the hybrid compromise that was worked out provides all those concerns because the consent agenda would still work as the consent agenda and get passed; all ordinances require two readings so the public has a full month to hear them with public hearings; the resolutions would come to them once and if they wanted they could move them to the next meeting; and anything that was on miscellaneous would be for discussion only under new business and not voted on and the Commission, by consent, would decide to move it to be voted on at the next meeting or to keep it under new business or not discuss it anymore. She stated if they wanted to move ahead with it they would move it to unfinished business where it would be discussed and voted on. She stated every single thing, except resolutions at this point, would have a chance to be heard two times, plus the agenda would come out earlier than it does now and would give plenty of time for the citizens to read it and the newspapers to comment on anything. She stated she understands where Commissioner Beckenbach is coming from because she has seen how things were done in the past but at some point you have to say they have solved that problem and she believes this is a good compromise. She stated they need to be able to move the City's business along. Commissioner Beckenbach asked what is not working in the workshop; what is it they are missing along the way. Mayor Woods stated every ordinance is taking two months and under the hybrid they would have the agenda out for 10-12 days before the first discussion, then two weeks before the next discussion so you basically have a month for everything, instead of two months. She stated two months to pass the pension ordinances has been excessive; two months to pass most ordinances is fairly lengthy. Further discussion ensued. City Clerk Bartle asked if it would help if when they do the agenda, similar to what they do with a consent agenda,they put a run-in before the items are listed that tell the citizens that these are just discussion-only items and no action is going to be taken. She stated that might solve all the problems to make sure people understand how those items are going to be treated. Mayor Woods reiterated that she really believes the hybrid system will work out, especially if they are very clear that new items are just being workshopped and not voted on. Commissioner Mark stated the reason she would support the hybrid is because she believes, personally, the workshops would have worked had the Commissioners come prepared to have a meaningful discussion but nine times out of ten at the workshops they ended up going around and around and just having a circular conversation without really getting anywhere. She stated even at the next Commission meeting where they were supposed to take action they were still having that circular conversation because they are either not prepared or whatever the issues might be. She stated she believes at a Commission meeting it gives it more of a gravity of the situation that they need to come better prepared to discuss these items and be prepared to take action when they can. She stated she doesn't believe, from the beginning, they really clarified how they would actually conduct that workshop and they ended up getting bogged down in some of these little things but, in her opinion, the things that really needed discussion never made it because by the time they got to those items, which was typically in the miscellaneous business, they were already tired. Votes: Aye: 3—Daugherty,Mark,Woods Nay: 1 -Beckenbach MOTION CARRIED 8. Miscellaneous Business August 11,2014 REGULAR COMMISSION MEETING Page 17 A. Public Hearing on Request for use-by-exception (UBEX-14-00100018) to allow the permanent storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512 Stewart Street. This item was taken out of sequence and acted on earlier in the meeting. B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited wholesale operations in the Commercial General (CG)Zoning District located at 1175 Atlantic Boulevard. This item was taken out of sequence and acted on earlier in the meeting. C. Proposed amendment to Section 2-16. Time and place of regular meetings and scheduled workshops. This item was taken out of sequence and acted on earlier in the meeting. D. Request to amend Section 24-84 of the City Code of Ordinances related to Through Lots. Jeremy Hubsch stated this will go back to the Community Development Board next Tuesday and will come back to the Commission. Mayor Woods stated they have some issues with the ordinance in the way it is written and asked if they want to put a moratorium on approving permits that this affects. Mr. Komando stated a moratorium has to be passed in the same manner as an ordinance and will take two readings. He stated if the CDB does not have a way to resolve it by the next meeting then Mr. Hubsch will have to talk about a moratorium. Mayor Woods asked if they cannot offer a way to resolve it at this point; can they discuss it. Mr. Komando stated they can give direction to the CDB. Discussion ensued. Mr. Hubsch showed some slides of Beach Avenue stating the 5' is from the property line not the right-of- way. He stated if they want to go above 15' it is actually a 10' setback so you wouldn't have a 2-story garage right on the right-of-way, it would be set back a little farther. He stated the code has been in place since around 1940 but it has been historically developed that way for a long time. He stated that is why he had hoped to present a little more detailed information on the history and how many houses are set up that way, where the curb cuts are and where the traffic is going to and from. Mayor Woods stated Beach Ave. is very different from any other street in the City in that it was designed to be an alleyway and have garages backing up and not much space. She stated because of that they are very lucky they have one-way traffic and a constant parade of bicycles, etc. She stated Ocean will maintain the 20' setback. Commissioner Beckenbach asked if they were going to force the 20' setback on Ocean. Mayor Woods stated that was correct. Commissioner Beckenbach asked if that is what Mr. Hubsch is proposing. Mr. Hubsch stated yes, they are voting it back to how it used to be but it has to run through the Community Development Board. Mayor Woods stated she is saying they can have the address and their garage on either side but they have to have their 20' setback. Mr. Hubsch added, and no detached structures within that 20'. Mayor Woods stated that is correct. Commissioner Beckenbach asked if they can put through an amendment to that ordinance right now. Mr. Hubsch stated, per our land development code regulations, it has to go through Community Development Board and then to the Commission. Mayor Woods stated but they can recommend to the Community Development Board that that is what they are looking to pass. Mr. Hubsch stated he will let them know that is where the Commission stands. August 11,2014 REGULAR COMMISSION MEETING Pane 18 9. City Manager A. City Manager's Report. • 90-Day Calendar(August-October 2014) Mr. Van Liere stated the budget meeting will be held this Wednesday, August 13, at 5:00 in the Chamber and the second budget meeting will be August 20. Mayor Woods stated they must have the budget approved and passed by the second meeting in September. Mr. Van Liere stated that will be a special called meeting. Answering a question from Commissioner Mark, Mr. Van Liere stated he had not planned on having food at the meeting and it will be videotaped. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • USS Iowa Jima is coming into Mayport and he received an invitation to go to Norfolk and ride it down here and he wanted to let them know he will be doing that on Thursday. Mr. Van Liere stated he would like to see the Commission pay for his plane ticket. Commissioner Daugherty stated the ticket is $160. Mayor Woods asked who invited him. Commissioner Daugherty stated Congressman Crenshaw. Commissioner Mark asked Commissioner Daugherty if he was paying that or who is paying for that. Commissioner Daugherty stated he has been here five years and has not done any travel at all. Mayor Woods stated she believes Congressman Crenshaw should pay for it. She asked if they can approve this at this point. Mr. Van Liere stated they can give him a consensus. Commissioner Daugherty stated the whole thing is for developing relationships with the people on the boat. Mayor Woods stated, yes, it is worth every penny. Commissioner Daugherty stated if any of the Commissioners want to do a fly-out, he can give them the information where they can do a fly-out on Sunday morning to the ship and ride the ship back. Commissioner Beckenbach • Asked what is happening with recyclables? Stated they had talked about putting another bin out and he has been asked about the other bin. Mr. Van Liere stated they had to come up with the decal and order the 7,000 bins and they should be making their way to us shortly. He stated he will have the Public Works Director give him a more specific timeline. • Thanked Mr. Van Liere for doing both the City Manager's position and the Finance Director, especially with the bonds, etc. He stated he is keeping control of the City's money in a positive way by getting a much better interest rate. Mr. Van Liere stated there was a lot of help on that, between the bond counsel, financial advisor, and Jeri Benjamin. City Manager Van Liere • They have just gotten notice from Jacksonville on our proposed mediation on the tipping fees, which they have given us a couple of days to look at. He stated they haven't confirmed that yet as they just got the information today. Commissioner Beckenbach asked him about annexation. City Attorney Komando stated regarding annexation, they are supposed to have a draft of the Interlocal Services Boundary Agreement by this Friday, according to Councilman Gulliford. Commissioner Mark • Thanked Mayor Woods for her leadership in getting the Human Rights Ordinance passed tonight and hopes it remains on the books. She understands Commissioner Daugherty's caveat for voting for it but hopes the people who were against it, and probably still are, really think about it hard and realize this is the right thing to do. She hopes that is something that other fellow Commissioners come to August 11,2014 REGULAR COMMISSION MEETING Page 19 terms with and know that it is the right thing to do. She stated it has been a contentious subject for a long time in Atlantic Beach and knows there is a lot of grief some people are feeling about this. She stated she voted her conscience because that is the way to vote and she voted it because she wanted it and not to try to sabotage it later. She stated,hopefully,that will be reconsidered at some point. Mayor Woods • Stated staff did a lot of work on the HRO as well, putting countless hours into it. She stated she appreciates everyone maintaining a cool composure, as much as we have; it is very emotional. She stated this is not an arbitrary thing, it is people's lives and it really matters. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 11:01 p.m. /7 Carolyn Woods ATTEST: Mayor/Presiding fficer 9V1te Donna L.Bartle, CMC City Clerk *A Workshop was held on July 28,2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. ATTACHMENT A FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FI T NA E—MIDDLE NAME NAME OF BOARD,COU CIL, OMMISSION,AUTHORITY,OR COMMITTEE JCS/ `fie∎y. �j Ale C t�cL �,•�,.ti:SS,`c� MAILING ADDRSS THE BOARD,COIL,COMMISSION,AUTHORITY OR COMMITTEE ON .76 A b t sC US 5 1-.., WHICH I SERVE IS A UNIT OF: CITY ✓S/ [[[[� COUNTY l� CITY ❑COUNTY ❑OTHER LOCAL AGENCY A// ^ 1�C i.ec,ck J u✓`^ ( NAME OF POLITICAL SUBDIVISION: DATE OON WHICH VOTE OCCUR D // MY POSITION IS V / / ,1 L( LECTIVE ❑ APPOINTIVE / . WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies 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 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 would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a 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(CRAs)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 minutes 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 are not prohibited by Section 112.3143 from otherwise participating 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 page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.G. 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, Jays /� J T , hereby disclose that on £7 u S� /I 20 7 (a)A measure came or will come efore agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, 74-/.:/I/ t U 61,-7 v (--C\ • _ 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 subsidiary,or sibling 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: ck Q-e re YA-led „. c, , ti frese4 If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. ff/ ((-/ -- Date Filed Si-g ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 88-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.