04-27-1989 VC REG-M<- ,
MINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, APRIL 27, 1989
Present: Judy M. Pierman, Mayor
Jerry G. Gardner, Vice Mayor
V. A. Marks, M.D., President Pro Tem
' Al Moore, Councilman
Tom Valente, Councilman
Dennis W. Kelly, Uillage Manager
Herbert L. Gildan, Village Attorney
Dolores R. Walker, Village Clerk
Mayor Pierman called the Regular Session to order at 7:34 p.m.
All members of the Council and the staff were present.
Mayor Pierman gave the invocation and Vice Mayor Gardner led the
Council and the public in the Pledge of Allegiance to the Flag.
The following minutes were approved as written:
Minutes of Public Hearing held Thursday, April 13, 1989
Minutes of Regular Session held Thursday, April 13, 1989
Mayor Pierman, on behalf of the Village Council, presented a
Proclamation on "Soil and Water Stewardshi p Week" to Mr. Harold
Coy, Supervisor for the Palm Beach Soil & Water Conservation
District.
Mayor Pierman, on behalf of the Village Council, presented a
Proclamation on the "Commemoration of Inauguration of George
Washington" to P resident Pro Tem P4arks.
Don Portman, Coach of the 60 Plus Senior Softball Championship
Team, presented the trophy that the team had won to Mayor
Pierman, who accepted it on behalf of the Village Council.
Mayor Pierman, on behalf of the Village Council, presented a
Proclamation on "North Palm Beach Elementary School Day" to
Victor Schott, Principal of said school.
The following minutes were accepted as written:
Minutes of Library Advisory Board Meeting held March 28,
1989
Minutes of Public Hearing of Planning Commission held March
28, 1989
' Minutes of Special Meeting of Planning Commission held March
28, 1989
Minutes of Regular Meeting of Planning Commission held April
4, 1989
ROLL CALL
INVOCATION &
PLEDGE OF
ALLEGIANCE
APPROVAL OF
MINUTES
PROCLAh1ATI0N -
"SOIL & WATER
STEWARDSHIP
WEEK"
PROCLAMATION -
"COMMEMORATION
OF INAUGURATION
OF GEORGE
WASHINGTON"
PRESENTATION OF
TROPHY FROh1 60
PLUS SR. SOFT-
BALL CHAMPIONSHIP
TEAM
PROCLAMATION -
"NPB ELEMENTARY
SCHOOL DAY"
ACCEPTANCE OF
MINUTES
Minutes of General Employees Pension Board Meeting held
April 12, 1989
u
1
Minutes of Regular Session
Held Thursday, April 27, 1989
Page 2
President Pro Tem Marks moved that Bill No. 567 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REPEALING ORDINANCE N0. 15-79 AND SECTION 6.18 OF THE
VILLAGE CODE CONCERNING THE PALM BEACH COUNTY FAIR SHARE
ORDINANCE
be placed on second reading and read by title alone. The motion
was seconded by Vice Mayor Gardner and all present voted aye.
Uice Mayor Gardner moved that Bill No. 567 be adopted as
Ordinance No. 10-89. The motion was seconded by Councilman Moore
and all present voted aye.
Councilman Moore moved to approve the drafts to the Village
Comprehensive Plan per Special Meeting of Tuesday, April 18,
1989. The motion was seconded by Vice Mayor Gardner.
Councilman Moore moved to amend the motion as follows: That
Policy 4.2, Page I1-39, be approved as amended by the change
proposed tonight by Mr. Jim Fleischmann of Land Research
Management. The motion was seconded by Jerry Gardner and passed
unanimously.
Thereafter Council voted on the main motion, as amended,
which passed unanimously.
Mayor Pierman, at the request of William Boose, the attorney for
the Passionist Monastery, read the following into the record:
5.2 - Pa e9 3-81
"Investigate alternatives for the St. Paul's P4issionary
Parcel in Planning Area 2_- to be developed in a transition
mode from a Commercial Zone compatible to C-B to Residential
Zone compatible to R-2 Planned Unit Development concept
running from U. S. Highway No. 1 east to Lake Worth.
Maximum gross density to be 10-11 dwelling units per acre.
Development of the property to be subject to the Village
Council approval of site plan and PUD applications."
President Pro Tem Marks moved that Resolution No. 13-89
entitled:
A RESOLUTION OF THE UILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, DIRECTING THE VILLAGE MANAGER TO TRANSMIT THE DRAFT
COPY OF THE PROPOSED VILLAGE COMPREHENSIVE PLAN TO THE STATE
OF FLORIDA DEPARTMENT DF COMMUNITY AFFAIRS IN ACCORDANCE
WITH THE REQUIREMENTS OF CHAPTER 163, PART II, FLORIDA
STATUTES
be adopted. The motion was seconded by Vice Mayor Gardner and
passed unanimously.
Before Council action on Resolution No. 14-89, Mayor Pierman made
the following statement far the record:
"There is no direct nor indirect interest in the business;
however, a person with whom my husband has business
connections also has business connections with components of
the road material to be used. Therefore, I will file Form
88, Memorandum of Voting Conflict for County Municipal and
other Local Public Officials, and will abstain from voting on
Resolution No. 14-89.
Form 8B is attached to the minutes of this meeting.
BILL 567
PLACED ON
SECOND READING
BILL 567
ADOPTED AS
ORD. 10-89
MOTION TO
APPROVE DRAFTS
TO COF1P PLAN
MOTION
AMENDED
MAIN MOTION
PASSED 5-0
MAYOR PIERMAN'S
STATEMENT FOR THE
RECORD REGARDING
COMP PLAN
RES. 13-89
ADOPTED
MAYOR PIERMAN'S
STATEMENT FOR
THE RECORD RE-
GARDING ABSTENTION
FROM VOTING ON
RES. 14-89
K-
Minutes of Regular Session
Held Thursday, April 27, 1989
Page 3
Councilman Valente moved that Resolution No. 14-89 entitled: RES. 14-89
ADOPTED
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF BITUMINOUS PAVING SYSTEMS,
INC., HILLIARD, OHIO, FOR FURNISHING AND INSTALLING LATEX
MODIFIED EMULSIFIED ASPHALT PAVEMENT COURSE, IN AN AMOUNT
' NOT TO EXCEED $58,000.00 TO BE EXPENDED FROM THE FOLLOWING.
ACCOUNTS: $26,000.00 FROM ACCOUNT 10-541-34-34681 (SLURRY
SEAL) AND $34,100.00 FROM ACCOUNT 10-541-34-34686 (STREET
RESURFACING)
be adopted. The motion was seconded by President Pro Tem Marks
and passed 4-0, with Mayor Pierman abstaining.
Councilman Moore moved that Resolution No. 15-89 entitled: MOTION TO
ADOPT RES.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 15-89
PALM BEACH, FLORIDA, AMENDING RESOLUTION 21-77, WHICH
CREATED A COUNTRY CLUB ADVISORY BOARRD, BY ELIMINATING POOL
AND TENNIS MEMBERS ON THE COUNTRY CLUB ADVISORY BOARD AND
REPLACING THEM WITH OTHER SOCIAL AND GOLF MEfflBERS AND BY
DELETING REFERENCE TO THE ORIGINAL COUNTRY CLUB ADVISORY
BOARD
be adopted. The motion was seconded by President Pro Tem Marks.
President Pro Tem Marks moved to amend the motion as follows: MOTION
In Section 2, delete "one Village resident chosen by the Men's AMENDED
Golf Association; one Village resident chosen by the Women's Golf
' Association; two golf members, and one social member", and
substitute the following: "four Village residents who are golf
members, and one other Village resident". The motion was
seconded by Councilman Valente and passed unanimously.
Thereafter Council voted on the main motion, as amended, which MAIN MOTION
passed unanimously. PASSED 5-0
Lucia Traugott, Robert Southall, Richard Voss, Frank Shone and APPOINTMENTS
Don Rossi were nominated for appointment to the Country Club TO COUNTRY
Advisory Board for a term ending May 1, 1991. After the ballots CLUB ADVISORY
were counted it was determined that Lucia Traugott, Robert BOARD
Southall and Richard Voss were appointed to the Board for said
term.
Frank Shone, Don Rossi and Norman Verdun were nominated for
appointment to the Country Club Advisory Board far a term ending
May 1, 7990. After the ballots were counted, it was determined
that Frank Shone was appointed to the Board for said term.
Margo Born, Charlotte Chickering, Nancy Levine, Deborah Svec and APPOINTMENTS
John Grout were nominated for appointment to the Recreation TO RECREATION
Advisory Board for a term ending f4ay 1, 1991. After the ballots ADVISORY BOARD
were counted, it was determined that Nancy Levine, Deborah Svec
,
and Margo Born were appointed to the Board for said term.
'
Thelma Obert, James Weis, Parrish Hansen and Ruth Gould were APPOINTMENTS TO
nominated for appointment to the Library Advisory Board for a LIBRARY ADVISORY
term ending May 1, 1991. After the ballots were counted, it was BOARD
determined that Thelma Obert and James Weis were appointed to the
Board for said term.
Gail Vastola, Donald Foy, Carmen Gentoli, Fred Singer, George APPOINTMENT OF
Gauthier and Arthur Fink were nominated for appointment to the REGULAR MEMBERS
Planning Commission as regular members for a term ending May 1, TO PLANNING
1991. After the ballots were counted, it was determined that COMMISSION
Gail Vastola, Donald Foy and Fred Singer were appointed as
regular members to the Commission far said term.
i
Minutes of Regular Session
Held Thursday, April 27, 1989
Page 4
Carmen Gentoli, George Gauthier and Arthur Fink were nominated APPOINTMENT OF
for appointment to the Planning Commission as Alternate Members ALTERNATE MEb16ERS
for a term ending May 1, 1990. After the ballots were counted, TO PLANNING
it was determined that Carmen Gentoli and George Gauthier were COMMISSION
appointed to the Commission as First Alternate and Second
Alternate, respectively, for said term.
Mary Stevens, Arthur Fink, Norman Bott, Diane Reeves and Mike APPOINTMENTS TO
Murgio were nominated for appointment to the Board of Adjustment. BOARD OF ADJUST-
After the ballots were counted, it was determined that Arthur ME NT
Fink, Mary Stevens and Norman Bott were appointed to the Board as
Regular f~embers for a term ending May 1, 1992; and Diane Reeves
and Mike Murgio were appointed to the Board as First Alternate
and Second Alternate, respectively, for a term ending May 1,
1990.
Carol Hurst, Harold Marting, Lee Greco and Robert Armstrong were APPOINTMENTS TO
nominated for appointment to the Code Enforcement Board for a CODE ENFORCEMENT
term ending May 1, 1992. After the ballots were counted, it was BOARD
determined that Carol Hurst, Harold Marting and Robert Armstrong
were appointed to the Board for said term.
By unanimous concurrence of the Village Council, the following
persons were reappointed as Regular Members of the Contractors
Board for a term ending May 1, 1992: .Tom Eissey, Frank Hollub,
Ron Hartung, William Beebe, Tony Bontempo; and the following
persons were reappointed as First Alternate and Second Alternate,
respectively, for a term ending May 7, 1992: Alfonse Santoro and
Anthony Agrusa.
APPOINTMENT OF
REGULAR MEMBERS
& ALTERNATE
MEMBERS TO
CONTRACTORS
BOARD
William Young, by unanimous vote of Council, was reappointed APPOINTMENT OF
Village Historian. VILLAGE HISTORIAN
Councilman Valente moved that Resolution No. 16-89 entitled: RES. 16-89
ADOPTED
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD,
COUNTRY CLUB ADVISORY BOARD, RECREATION ADVISORY BOARD,
LIBRARY ADVISORY BOARD, PLANNING COMMISSION, BOARD OF
ADJUSTMENT, CONTRACTORS BOARD AND HISTORIAN
be adopted. The motion was seconded by Councilman Moore and
passed unanimously.
Vice Mayor Gardner moved that Resolution No. 17-89 entitled: RES. 17-89
ADOPTED
A RESOLUTION OF THE VILLAGE COUNCIL. OF NORTH PALM BEACH,
FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO ENACT
LEGISLATION TO PROVIDE FOR ACCESS BY MUNICIPALLY SUPPORTED
PUBLIC LIBRARIES TO STATE LIBRARY GRANT FUNDING SOURCES
be adopted. The motion was seconded by Councilman Valente and
passed unanimously.
' Councilman Valente moved that Resolution No. 18-89 entitled: MOTION TO
ADOPT RES.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 18-89
PALM BEACH, FLORIDA, CREATING A DEFERRED COMPENSATION PLAN
FOR THE VILLAGE MANAGER WITH ICMA RETIREMENT CORPORATION AND
SETTING FORTH THE TERMS THEREOF
be adopted. The motion was seconded by President Pro Tem Marks.
Councilman Moore moved to amend the motion as follows: In MOTION
Section 4, delete the words: "and Village Department Heads" and AMENDED
change the word "persons" to "person". The motion was seconded
by Vice Mayor Gardner and passed unanimously.
.._ . ,
~•
Minutes of Regular Session
Held Thursday, April 27, 1989 ,
Page 5
Thereafter Council voted on the main motion, as amended, which MAIN MOTION
passed unanimously. PASSED 5-0
Councilman Valente moved to transfer $6,220.00 from Account No.
10-512-014-11300 (Part Time Pay) and $980.00 from Account No.
10-512-014-34630 (R&M Furniture & Office Equipment) to Account
No. 10-512-014-66315 (Computer Hardware & Software) for the
purchase of a computer system for the Village Clerk's office. The
motion was seconded by Councilman Moore and passed unanimously.
Councilman Valente moved to approve the purchase of a computer
system for the Village Clerk's office in an amount not to exceed
$7,200.00, to be expended from Account No. 10-512-014-66315
(Computer Hardware & Software). The motion was seconded by
President Pro Tem Marks and passed unanimously.
President Pro Tem Marks moved to place a Public Information File
in the North Palm beach Library. The motion was seconded by Vice
Mayor Gardner and passed unanimously.
There being no further business to come before the Council, the
meeting was adjourned at 70:25 p.m.
Dolores R. Walker, CMC, Uillage Clerk
1
fl
TRANSFER OF
FUNDS - COMPUTER
SYSTEM FOR CLERK'S
OFFICE
APPROUAL OF
PURCHASE -
COMPUTER SYSTEM
FOR CLERK'S
OFFICE
PUBLIC INFO
FILE IN
LIBRARY
ADJOURNMENT
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FORM S~B MEMORANDUM O F VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTH ER LOCAL PUBLIC OFFICERS
1 .451' NMiI-1'IRST NAAI[-MIDDLE NAME NAME OF ROARU, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
d M Villa e Council North Palm Beach
.
Pierman, Ju AUTHORITI', OR COMIITTEE ON
COMMISSION
COUNCIL
D
'
MAILING :\UURESS ,
..
iHE HOAR
,
WHICH 1 SERVE IS A I1N1T OB
501 U.S. Hi hwa One N.Palm Beach FL ('ITY xxx couNTV ,, crrHER LOCAL AGENCY
CIT}' COU N'rV
NAME OP POLI"1'ICAL SU RUIVISION:
Palm Beach Count Villa e of North Palm Beach
U:4TIi ON ll'HI('H \'D I'E OC'C'tIRRRU MY POSITION I5:
ELECTIVE 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, comn)ission, authority, or con)mittec. It applies equally to members of advisory and non-advisory bodies who are presented
lvith a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the tlse of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the lall• when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3743, FLORIDA STATUTES
ELECTEll OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure lvhich inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BE[NG TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN IS 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:
A person 1)olding appointive county, municipal, or other focal public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence tl)e decision by ot•al or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT FVH[CH
THE VOTE WILL BE TAKEN:
• You should complete and file tftis 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.
• A copy of the form should be provided immediately to the othermembers of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCETHE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE
• You should disclose orally the nature of your conflict in the measure before parttc)pattng.
• You should complete the form and file it within I S days after [he vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes. -
DISCLOSURE OF STATE OFFICER'S INTEREST
hereby disclose that on Anril 27 19 89
I
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
by whom I am retained.
inured to the special gain of ~ --
(b) The measure before my agency and the nature of my interest in [he measure is as follows:
There is no direct nor indirect interest in the business; however, a person with whom my
husband has business connections also has business connections with components of the
road material to be used.
A ril 27 1989
Date Filed
D10SCLOSURE CONSTIOTUTOS GROUNDS FOR ANDTMAYSBE11PUNlSHED BY ONE OR MO E 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.
PAGL''_
CE FORM11 NB - IO~Rb