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05-17-88 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA May 17, 1988 7:00 P. M. CITY HALL PRESENT: W. Gregg McCaulie, Chairman Louis B. MacDonell Ruth Gregg Donald Tappin AND: Rene' Angers, Recording Secretary Richard Fellows, City Manager AND: Donald L. Braddock and John Merritt Kathleen Bushnell ABSENT: Frank Delaney John Bass Chairman McCaulie called the meeting to order at 7:04 p. m. He asked for additions or corrections to the minutes of the meeting of April 19, 1988. There being none, Mr. MacDonell motioned that they be approved as presented. Ms. Gregg seconded the motion which carried unanimously. NEW BUSINESS A. APPLICATION FOR USE BY EXCEPTION FOR AUTOMOBILE SERVICE IN A COMMERCIAL GENERAL DISTRICT - BY DONALD L. BRADDOCK; THE NORTH 50' OF LOTS 1, 3, 4 & 5, BLOCK 45, SECTION H, WITH THE EASTERLY 255' OF THE CLOSED STREET, WEST PLAZA (conflict of interest filed by Louis B. MacDonell) John Merritt, 241 Atlantic Boulevard, Neptune Beach, stated that Mr. Braddock plans to erect an 8, 000 sq. ft. metal building to house his automobile repair service and six other businesses. He stated that his business is currently located six blocks to the north. Mrs. Gregg was concerned about junked cars and parts that may be left outside of the building and the amount of cars that pile-up waiting to be worked on. Mr. Merritt stated that Mr. Braddock has spent a great deal of money on the architectural design of the building and that he wants a nice looking operation. He added that all work would be performed inside. Chairman McCaulie questioned item *6 of the terms of the sales contract regarding an application for a setback variance. Mr. Braddock replied that item *6 was put in at the sellers request and that a variance would not be necessary. There being no further discussion, Mr. Tappin motioned to recommend approval of the appllication. Mrs. Gregg seconded the motion which carried unanimously. B. APPLICATION FOR HOME OCCUPATION - KATHLEEN BUSHNELL; EAST 1/2 OF LOTS 5 & 6, BLOCK 43, ATLANTIC BEACH SUBDIVISION "A" ; 140 TWELFTH STREET Ms. Bushnell stated that she has been operating her travel business from her home for four years. She presented affadavits from surrounding property owners that had no objection to the application. After a brief discussion Mrs. Gregg motioned to recommend approval of the application, subject to the exception being granted to Ms. Bushnell personally. Mr. Tappin seconded the motion which carried unanimously. C. PUBLIC HEARING - AMENDING USES OF THE COMMERCIAL PROFESSIONAL AND OFFICES ZONING CLASSIFICATION (conflict of interest filed by Louis B. MacDonell ) The Board reviewed the proposed changes to CPO as discussed at the last meeting. The Board noted that an error had been made in that they had asked that *Government buildings and facilities be included as a use by exception. Mr. Tappin motioned to recommend that *Low intensity service establishments, *Banks and financial institutions, and *Government buildings and facilities be added to CPO as uses by exception. Mrs. Gregg seconded the motion which carried unanimously. There being no further business to come before the Board, the meeting was adjourned at 7:25 p. m. 4),&___ W. Gregg cIe411 ie, Chairman FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME MacDonell, LOUIS B. THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE ISA UNIT OF: LING ADDRESS 1535 Selva Marina Drive CITY O COUNTY O OTHER LOCAL AGENCY O STATE CITY COUNTY Atlantic Beach, Florida Duval NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED 5/17/88 City of Atlantic Beach NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Community Development Board WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on / , 19 (a) I abstained from voting on a matter which(check one): inured to my special private gain; or inured to the special gain of by whom I am retained. rrrnR►,A_DcV live PAGEI (b)The measure on which I abstained and the nature of my interest in the measure is as follows: Application for use by exception - Donald L. Braddock/Gheorghe Fedorca Client of MacDonell Realestate / 7 /9rr a 1/ 4Ei-t- Date Fi d Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 • (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES§I12.317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA 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 55,000. CF FORM 4-RFV. 10-84 PAGE 2 FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME—FIRST NAME—MIDDLE NAME THE BOARD,MacDonell, Louis B. _ WHICHI ERVEOISAUNITOF;MISSION, AUTHORITY, OR COMMITTEE ON LING ADDRESS 1535 Se]va Marina Drive it CITY O COUNTY O OTHER LOCAL AGENCY 0 STATE CITY COUNTY Atlantic Beach, Florida 32233 Duval NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED 5/17/88 NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE City of Atlantic Beach Community Development Board WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on 727 '1/ , 19 8: (a) I abstained from voting on a matter which(check one): X inured to my special private gain; or inured to the special gain of by whom I am retained. CP Fnou _QCv MAU PAGE I (b)The measure on which I abstained and the nature of my interest in the measure is as follows: Proposed amendments to Commercial Professional F Offices zoning uses. Client of MacDonell Realestate has property in CPO district. - •' - 7 / Date File Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES¢112.317(1983),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$5,000. ('F FORM 4-REV. 10-84 PAGE 2