MINUTES OCTOBER *** 15, 2019

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MUNICIPAL PLANNING BOARD MINUTES OCTOBER 15, 2019 Revised 10/23/2019 MEETING INFORMATION Location City Council Chambers 2 nd Floor, City Hall One City Commons 400 South Orange Avenue Time 8:30 a.m. Members Present Jonathan Huels, Chairperson [1/0] Morgan Lea, Vice- Chairperson [1/0] Timothy Baker [1/0] Blake Drury [1/0] Lara Lee [1/0] Kathleen Shannon [1/0] (left at 11:30 a.m.) Mark Suarez [1/0] (left at 9:30 a.m.) Picton Warlow [1/0] (1 Vacancy) OCPS Representative (Jamie DiLuzio Boerger) Non- Voting [1/0] Members Absent None *** OPENING SESSION Chairperson Huels, called the meeting to order at 8:34 a.m., after determination of a Quorum. The meeting was opened with the Pledge of Allegiance. Consideration of Minutes for Meeting of September 17, 2019. Board member Shannon MOVED to waive the reading of the Municipal Planning Board Meeting Minutes of September 17, 2019, and to approve as written. Board member Lee SECONDED the motion, which was VOTED upon and PASSED by unanimous voice vote. ANNOUNCEMENTS None PUBLIC COMMENTS A speaker request was received for items #4 (Dowden Road Segment 4 Roadway) and #5 (Meridian Parks East-West Roadway) on the Consent Agenda). These items were moved to the Regular Agenda to allow for public comments and discussion. CONFLICT DECLARATIONS Item #3 (Beltway Commerce Center Site H-3 Industrial Warehouse) Jonathan Huels Item #5 (Meridian Parks East-West Roadway) Jonathan Huels Item #7 (The Yard Phase III Master Plan Amendment) Timothy Baker, Jonathan Huels Item #8 (Church Street Phases 2 & 3) Timothy Baker; Blake Drury Item #9 (AcquaSol PD Amendment & Phase 1 SPMP) Kathleen Shannon The above mentioned Board member(s) filed the appropriate Conflict Form 8B (Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers) with the MPB Recording Secretary (attached); and abstained from voting on the above mentioned item(s). AGENDA REVIEW Elisabeth Dang, Executive Secretary, reviewed the Consent Agenda.

Transcript of MINUTES OCTOBER *** 15, 2019

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MUNICIPALPLANNING BOARD

MINUTES OCTOBER 15, 2019

Revised 10/23/2019

MEETING INFORMATION

Location

City Council Chambers

2nd Floor, City Hall

One City Commons

400 South Orange Avenue

Time

8:30 a.m.

Members Present

Jonathan Huels, Chairperson [1/0]

Morgan Lea, Vice-Chairperson [1/0]

Timothy Baker [1/0]

Blake Drury [1/0]

Lara Lee [1/0]

Kathleen Shannon [1/0] (left at 11:30 a.m.)

Mark Suarez [1/0] (left at 9:30 a.m.)

Picton Warlow [1/0]

(1 Vacancy)

OCPS Representative (Jamie DiLuzio Boerger) – Non-Voting [1/0]

Members Absent

None

***

OPENING SESSION

Chairperson Huels, called the meeting to order at 8:34 a.m., afterdetermination of a Quorum.

The meeting was opened with the Pledge of Allegiance.

Consideration of Minutes for Meeting of September 17, 2019.

Board member Shannon MOVED to waive the reading of the Municipal Planning Board Meeting Minutes of September 17, 2019, and to approve as written. Board member Lee SECONDED the motion, which was VOTED upon and PASSED by unanimous voice vote.

ANNOUNCEMENTS

None

PUBLIC COMMENTS

A speaker request was received for items #4 (Dowden Road Segment 4Roadway) and #5 (Meridian Parks East-West Roadway) on the ConsentAgenda). These items were moved to the Regular Agenda to allow forpublic comments and discussion.

CONFLICT DECLARATIONS

Item #3 (Beltway Commerce Center Site H-3 Industrial Warehouse) –Jonathan Huels

Item #5 (Meridian Parks East-West Roadway) – Jonathan Huels

Item #7 (The Yard Phase III Master Plan Amendment) – Timothy Baker, Jonathan Huels

Item #8 (Church Street Phases 2 & 3) – Timothy Baker; Blake Drury

Item #9 (AcquaSol PD Amendment & Phase 1 SPMP) – Kathleen Shannon

The above mentioned Board member(s) filed the appropriate Conflict Form 8B (Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers) with the MPB Recording Secretary (attached); and abstained from voting on the above mentioned item(s).

AGENDA REVIEW

Elisabeth Dang, Executive Secretary, reviewed the Consent Agenda.

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CONSENT AGENDA 1. RECOMMENDED APPROVAL, Y & S CHATEAU

Applicant: Yolanda Sheppard & S. Chateau Owner: James Ford

Location: 1032 W. Robinson St., north of W. Jefferson St., west of N. Westmoreland Dr., and east

of N. Orange Blossom Trl. (+0.22 acres). District: 5 Project Planner: Katy Magruder, (407.246.3355, [email protected])

CUP2019-10020** Request for personal service uses and eating and drinking uses in the I-G zoning district, along with a request for alcohol sales within 1,000 ft. of a church.

Recommended Action: Approval of the request, subject to the conditions in the staff report.

2. RECOMMENDED APPROVAL, COMPTON TEMPORARY LABOR

Applicant: John Kaminski Owner: Tamney III LLC

Location: 118 W. Compton Ave., west of Joseph St., on the south side of W. Compton Ave. (+0.16

acres). District: 4 Project Planner: Chris DeLoatche, (407.246.3624, [email protected])

CUP2019-10021** Conditional Use Permit request to allow a temporary labor use in the I-G zoning district.

Recommended Action: Approval of the request, subject to the conditions in the staff report.

3. RECOMMENDED, APPROVAL, BELTWAY COMMERCE CENTER SITE H-3 INDUSTRIAL WAREHOUSE

Applicant: Miranda Fitzgerald, PA – Lowndes Law Firm Owner: Beltway Commerce Center CD93, Ltd. Location: South side of Young Pine Dr., at southeast corner of future Leevista Blvd. Extension, in

the Beltway Commerce Park PD (+10.89 acres).

District: 1 Project Planner: Jim Burnett (407-246-3609, [email protected])

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MPL2019-10052** Request to develop a +108,000 sq. ft. industrial warehouse on Site H-3 within the Beltway Commerce Center Planned Development.

Recommended Action: Approval of the request, subject to the conditions in the staff report and addendum.

4. DOWDEN ROAD SEGMENT 4 ROADWAY – PULLED TO REGULAR

5. MERIDIAN PARKS EAST-WEST ROADWAY – PULLED TO REGULAR

6. RECOMMENDED DEFERRAL, CONTINUANCE – CURRY FORD VISION PLAN

Applicant: City of Orlando Owner: N/A Location: Curry Ford Corridor, along Curry Ford Rd., from Cloverlawn Ave. to Dixie Belle Dr.,

extending ¼ mile north and south of the roadway. Districts: 1, 2 and 4 Project Planner: Megan Barrow (407.246.3363, [email protected])

GMP2019-10021* The Curry Ford Vision Plan is intended to achieve the following objectives:

Guide future growth in the area to ensure it is strategic;

Protect the existing character of the neighborhood;

Provide for long-term stability for residents, visitors and businesses; and

Assess current development conditions and trends, infrastructure availability, projected

growth, redevelopment potential and the need for contextually sensitive improvements

to the infrastructure system.

Recommended Action: Deferral to the November 19, 2019 MPB hearing, to allow for additional community outreach.

Secretary Note for the Record: One (1) letter of support, one (1) letter of concern, and two (2) letters of opposition were received for the above case and distributed to all Board members.

7. RECOMMENDED DEFERRAL, THE YARD PHASE III MASTER PLAN AMENDMENT

Applicant: Meghan Dietz – Baker Barrios Owner: Ivanhoe Place, LLC Location: 1401 Alden Rd., north side of Virginia Dr., between Alden Rd. and New York Ave. (+0.70

acres).

District: 3 Project Planner: Jim Burnett (407-246-3609, [email protected])

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MPL2019-10055** Request to develop a 3-story mixed use building with ±5,500 sq. ft. of ground-level retail, office or eating and drinking uses and 24 residential apartments. The request includes a Modification of Standards to allow an increased roof height of 42 ft. and a decreased front setback of 20 ft. along New York Ave.

Recommended Action: Deferral to the November 19, 2019 MPB Hearing, per the applicant’s request.

Secretary Note for the Record: 23 letters of opposition were received for the above case and distributed to all Board members.

Board member Warlow moved APPROVAL of the CONSENT AGENDA, subject to the conditions in the staff reports. Board member Suarez SECONDED the MOTION, which was VOTED upon and PASSED by unanimous voice vote.

REGULAR AGENDA 4. RECOMMENDED APPROVAL, DOWDEN ROAD SEGMENT 4 ROADWAY

Applicant: Sarah Maier – Dewberry Engineers, Inc. Owner: Carlsbad Orlando LLC Location: South of Beachline Expressway (SR528) and east of Central Florida Greeneway (SR417)

(+19.5 acres).

District: 1 Project Planner: Michaëlle Petion (407-246-3837, [email protected])

MPL2019-10053** Specific Parcel Master Plan for the development of Segment 4 of the Dowden Rd.

extension through the Starwood Planned Development.

Recommended Action: Approval of the request, subject to the conditions in the staff report and addendum.

This item was presented by Michaëlle Petion, Planner III, Land Development Studio, City Planning Division. Using the Staff Report, Ms. Petion presented the proposed project, staffs’ conditions and recommendation, and responded to Board questions along with John Rhoades from Transportation Planning. Chairperson Huels opened the hearing to the public. Ms. Jamie Boerger, Orange County Public Schools (OCPS), 6501 Magic Way, Orlando 32809, was not opposed to the project, but wanted to state for the record OCPS’s concern regarding potential traffic issues due to a new 2,776 student capacity high school scheduled to open in 2025 on Dowden Rd. OCPS has serious concerns about the roadway’s ability to serve this school. Their concern isn’t related directly to the proposed SPMP (Specific Parcel Master Plan), but more about the access management plan referenced in conditions 1 and 2 of the staff report. OCPS is requesting that the MPB add a condition of approval requiring adequate access to the school based on recommendations from a traffic study and add them to the access management plan. Ms. Petion noted that OCPS would have to come before MPB with an SPMP for the high school. She also mentioned the addendum which provided language referring to the City’s proposed Dowden Rd. access management plan. Mr. Rhoades addressed Ms. Boerger’s concerns and stated that the Transportation Department would not be supportive of the Board adding the condition requested by Ms. Boerger, since such determination was within the

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authority of the Transportation Department and the City. Mr. Rhoades noted that they would be working with the school board regarding access to the high school site. Ms. Boerger clarified that the traffic study she referenced was a future study. She noted that they will continue to work with City staff, but wanted to make MPB aware that they had serious concerns about traffic with the projected amount of students. Chairperson Huels closed the public hearing and opened it up for Board discussion and/or a motion. Board member Warlow moved APPROVAL of the request, MPL2019-10053, subject to the conditions in

the staff report and addendum. Vice-Chairperson Lea SECONDED the MOTION, which was VOTED upon

and PASSED by unanimous voice vote.

5. RECOMMENDED APPROVAL, MERIDIAN PARKS EAST-WEST ROADWAY

Applicant: Sarah Maier – Dewberry Engineers, Inc. Owner: Beachline South Residential LLC Location: South of Beachline Expressway (SR528) and east of Central Florida Greeneway (SR417)

(+5.3 acres).

District: 1 Project Planner: Michaëlle Petion (407-246-3837, [email protected]) MPL2019-10054** Specific Parcel Master Plan for the development of the Meridian Parks East-West

roadway segment east of Dowden Rd.

Recommended Action: Approval of the request, subject to the conditions in the staff report and addendum.

Chairperson Huels requested Vice-Chairperson Lea to preside during the presentation of this application since he had declared a conflict. This item was presented by Michaëlle Petion, Planner III, Land Development Studio, City Planning Division. Using the Staff Report, Ms. Petion presented the proposed project, staffs’ conditions and recommendation. Vice-Chairperson Lea opened the hearing to the public. Ms. Petion noted that Ms. Boerger’s concerns were the same as discussed in Item #4. Having no other speaker requests, Vice-Chairperson Lea closed the public hearing and opened it up for Board discussion and/or a motion.

Board member Warlow moved APPROVAL of the request, MPL2019-10054, subject to the conditions in

the staff report. Board member Baker SECONDED the MOTION, which was VOTED upon and PASSED by

unanimous voice vote (Huels abstained).

Chairperson Huels resumed his position as Chair for the remainder of the meeting.

10. RECOMMENDED APPROVAL, DXV CENTRAL – CENTRAL & DIVISION MIXED-USE DEVELOPMENT

Applicant: David Hirschfeld – Deerfield Investments Corp.

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Owner: Brian M. and Kenneth Mulvaney Location: 503, 509, and 515 W. Central Blvd.; 16 and 20 N. Division Ave., west side of N. Division

Ave., between Grove Park Dr. and Central Blvd. (+0.94 acres). District: 5 Project Planner: TeNeika Neasman (407-246-4257, [email protected]) ZON2019-10023** Planned Development request to develop a 17-story mixed-use building with 71,982 sq.

ft. of office space, 7,500 sq. ft. of ground-level retail or eating and drinking uses, and 189 residential apartment units. This proposal includes a request for a building height increase, density and intensity bonus.

Recommended Action: Approval of the request, subject to the conditions in the staff report.

This item was presented by TeNeika Neasman, Planner II, Land Development Studio, City Planning Division. Using PowerPoint, Ms. Neasman presented the proposed project, staffs’ conditions and recommendation, and responded to Board questions. Ms. Neasman also stated that at the beginning of today’s meeting, the applicant requested an FAR increase from 1.95 to 2.00. She noted that staff agreed to the increase. Chairperson Huels opened the hearing to the public. Applicant David Hirschfield, 166 NW 10th Ct., Boca Raton 33486, stated he was in agreement with staff’s recommendations. He also noted that the project was geared towards the working class, providing greater market affordability than typical multifamily projects by including small studio and one (1) bedroom apartments. Ms. Luwanna Gelzer, 7674 St. Stephens, Orlando 32838, was not opposed to the project, but noted she wanted to see more affordable housing.

Chairperson Huels closed the public hearing and opened it up for Board discussion and/or a motion. Ms. Neasman, along with Paul Lewis, Chief Planning Manager, City Planning Division, responded to additional Board questions. Mr. Lewis noted that it would be advantageous to give the Board an update regarding implementation of the Parramore Comprehensive Neighborhood Plan. (Board member Mark Suarez left the meeting at 9:30 a.m.)

Board member Drury moved APPROVAL of the request, ZON2019-10023, subject to the conditions in the

staff report, with the revised FAR from 1.95 to 2.00. Board member Warlow SECONDED the MOTION,

which was VOTED upon and PASSED by unanimous voice vote (Suarez was absent during this vote).

8. RECOMMENDED APPROVAL, CHURCH STREET PHASES 2 & 3

Applicant: Meghan Dietz – Baker Barrios Owner: Church Street Phase II LLC Location: 333 & 225 S. Garland Ave., and 128 & 110 W. Church St., south of W. Church St., north

of W. South St., and east of S. Garland Ave. (+2.56 acres).

District: 5 Project Planner: Chris DeLoatche (407-246-3624, [email protected])

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MPL2019-10056** Master Plan amendment with modifications to the maximum allowed impervious surface ratio (ISR) and an intensity bonus of 5.0 floor area ratio (FAR) for the construction of a mixed-use high rise building adjacent to the Church St. Phase I tower currently under construction. The phased development plan includes:

a) A 32-story, 400 ft. mixed-use high rise development with 209 hotel units, 19 dwelling units, +2,500 sq. ft. of ground floor retail, +59,500 sq. ft. of ballroom/hospitality, +210,500 sq. ft. of office and an integrated 577 space parking garage (Phase 2).

b) A +25,000 sq. ft. addition of commercial space to 128 W. Church St. (Phase 3).

Recommended Action: Approval of the request, subject to the conditions in the staff report.

Secretary Note for the Record: One (1) letter of opposition was received for the above case and distributed to all Board members.

This item was presented by Chris DeLoatche, Planner I, Land Development Studio, City Planning Division. Using PowerPoint, Mr. DeLoatche presented the proposed project, staffs’ conditions and recommendations. The applicant was represented by Architect Wayne Dunkelburger, Baker Barrios, 189 S. Orange Ave., Orlando 32801. Mr. Dunkelburger gave a PowerPoint presentation with a brief overview of what was presented to the Historic Preservation Board. Chairperson Huels opened the hearing to the public. The following speakers appeared before the Board in opposition of the request:

1) John Paonessa, Hamburger Mary’s Bar & Grille, 110 W. Church St., Orlando 32801. 2) Michael Rogier, Hambureger Mary’s Bar & Grille, 110 W. Church St., Orlando 32801.

They presented the Board with binders detailing landlord/tenant issues and stated that the food hall project violated their lease agreement. Mr. Rogier was also concerned about the construction impacts of the proposed tower on his business. Property owner Scott Stahley, Lincoln Property Co., 111 N. Magnolia Ave., Orlando 32801 rebutted the speakers comments and noted that they had come to him 6 times asking for a million dollar buy out. Chairperson Huels closed the public hearing and opened it up for Board discussion and/or a motion. Mr. Huels noted that the landlord/tenant issues were a private matter and out of the purview of what was before the Board today. Vice-Chairperson Lea moved APPROVAL of the request, MPL2019-10056, subject to the conditions in the

staff report. Board member Shannon SECONDED the MOTION, which was VOTED upon and PASSED by

unanimous voice vote (Drury and Baker abstained; Suarez was absent during this vote).

9. RECOMMENDED APPROVAL, ACQUASOL PD AMENDMENT & PHASE 1 SPMP

Applicant: Mark McDonald – Lennar Homes LLC Owner: I Drive Investors LLC Location: 5001 Vanguard St., south of Oak Ridge Rd., north of Vanguard St., west of Kingspointe

Pkwy., and east of International Dr. (+78 acres). District: 6

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Project Planner: Michaëlle Petion (407-246-3837, [email protected]) A) ZON2019-10021** Planned Development Amendment to allow an alternative definition and development

standards for commercial dwelling units (CDU). The overall development proposed is comprised of 510 CDUs, +300 room hotel, +90,000 sq. ft. of commercial uses.

B) MPL2019-10057** Specific Parcel Master Plan for phase one of the International Drive Community Resort (fka AcquaSol) PD comprised of 510 commercial dwelling units.

Recommended Action: Approval of the requests, subject to the conditions in the staff report.

This item was presented by Michaëlle Petion, Planner III, Land Development Studio, City Planning Division. Using PowerPoint, Mrs. Petion presented the proposed project, staffs’ conditions and recommendation. The applicant was represented by Heather Isaacs, Poulos & Bennett, 2602 E. Livingston St., Orlando 32823, representing the purchaser of phase 1 for the SPMP. Ms. Isaacs gave a PowerPoint presentation with an overview of the proposed project, and responded to Board questions. She noted that they held a community meeting on August 28, 2019 and there were approximately 200 attendees. Ms. Isaacs presented conditions/solutions provided by the developer in response to citizen concerns discussed at the community meeting. She concluded her presentation by requesting that Transportation Planning Condition 6 be revised as follows:

A 2 lane street must be provided connecting Street A to the property to the north. This includes the construction for any structure needed to span the drainage canal. This street will connect to Street A at least 300 ft. from the intersection of International Drive and Del Verde Way. This street must be platted before issuance of the 150th Certificate of occupancy for any unit or building in this PD the first permit for the commercial outparcel. The street must be designed, constructed and accepted by the City of Orlando before issuance of the 250th Certificate of Occupancy for any unit or building in the PD the first certificate of occupancy on the commercial outparcel or 3 years from the approval of the commercial parcel’s Specific Parcel Master Plan (SPMP), whichever occurs first.

John Rhoades, Transportation Planning, and Jason Burton, Assistant Planning Division Manager, expressed their disagreement with the proposed condition change noting that the connection was important and that City code requires two points of access for a project with the amount of units proposed. Chairperson Huels stepped out for a brief moment. Vice-Chairperson Lea opened the hearing to the public. Chairperson Huels returned to the meeting. The following speakers appeared before the Board with concerns:

1) Luwanna Gelzer, 7674 St. Stephens Ct., Orlando 32835 2) Julleina Preston, 7107 Udine Ave., Orlando 32819 3) Olivia Washington, 6928 Mandarin Dr., Orlando 32819 4) Cynthia Harris, 12 Channing Ave., Orlando 32811 5) Yamileth E. Valle, 7826 Mandarin Dr., Orlando 32819

Main concerns discussed were:

1) Potential flooding due to tree removal. 2) Declining air quality due to increase in traffic. 3) Possible increase of property taxes. 4) Who will be responsible for addressing traffic issues since the development is within the City but Vanguard

St. is within the County. 5) Want 20 ft. buffer space instead of a minimum of 10 ft. 6) Keep natural buffer since trees are mature. And who will maintain the buffer wall.

Ms. Isaacs addressed the speakers’ concerns as follows:

1) Flooding concerns: As a new development, they are required to comply with storm water requirements; and 4 stormwater ponds would be developed.

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2) Traffic concerns: Commissioner of Orange County will address those issues. 3) Access to Vanguard St. will be for emergency vehicles only (Fire, Police and Ambulance). 4) Existing trees buffer: The quality of the existing trees will be evaluated. Will be addressed when landscape

plan comes back to the Board. 5) Minimum buffer: The developer agrees to a minimum of 20 ft. buffer from southern property line to the

north, with landscaping on the outside. 6) Buffer wall will be maintained by the development’s Home Owner’s Association.

(Board member Kathleen Shannon left at 11:30 a.m.) Ms. Isaacs pointed out that they agree that the access needs to happen, but only were questioning the timing of it. Chairperson Huels closed the public hearing and opened it up for Board discussion and/or a motion. Discussion ensued among the Board members and Staff regarding the applicant’s request to revise Transportation Planning Condition #6.

Board member Warlow moved APPROVAL of the requests, ZON2019-10021 and MPL2019-10057, subject

to the conditions in the staff report, and the following revised conditions of approval:

Transportation Condition #6 to read: “A 2 lane street must be provided connecting Street A to the property to

the north. This includes the construction for any structure needed to span the drainage canal. This street will

connect to Street A at least 300 ft. from the intersection of International Drive and Del Verde Way. This street

must be platted before issuance of the 150th 250th Certificate of occupancy for any unit or building in this. The

street must be designed, constructed and accepted by the City of Orlando before issuance of the 250th 350th

Certificate of Occupancy for any unit or building in the PD.”

Land Development Condition #13 – first sentence to read: “Bufferyard. Bufferyard B, at a minimum of 10 ft.

20 ft. wide, shall be required along the southern perimeter of the subject site.”

Board member Baker SECONDED the MOTION, which was VOTED upon and PASSED by unanimous

voice vote (Suarez and Shannon were absent during this vote).

OLD BUSINESS

None

NEW BUSINESS

None

ADJOURNMENT

Having no other matters to bring before the Board, Chairperson Huels adjourned the meeting at 11:45 a.m.

[See list of Staff Present on next page]

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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS

0 OTHER LOCAL AGENCY

PPOINTIVE

WHO MUST FILE FORM 88

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 ATIEMPT 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 88 • EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.

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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 ATIEMPT 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

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If disclosure of specific information would violate confidentiality or privilege pursuant to law or ru les 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.

Date Filed ? ture ,

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 )(1). F.A.C.

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