HomeMy WebLinkAbout11/04/2014 (4)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 4, 2014
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Peter D. O'Bryan, Chairman
Wesley S. Davis, Vice Chairman
Joseph E. Flescher
Bob Solari
Tim Zorc
District 4 Present
District 1 Present
District 2 Present
District 5 Present
District 3 Present
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Maureen Gelfo, Deputy Clerk
Present
Present
Present
Present
1.
2.
3.
4.
CALL TO ORDER 9:00 A.M.
INVOCATION
PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis, Vice Chairman
Commissioner Bob Solari
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:01 Move: Item 5.E. Presentation on Mental Health Court
a.m. To be heard following Item 4. Additions/Deletions to the
Agenda/Emergency items
ON MOTION by Vice Chairman Davis, SECONDED by Commissioner
Flescher, the Board unanimously approved the agenda as amended.
PAGE
Board of County Commission Meeting Page 1
November 4, 2014
5.
PROCLAMATIONS and PRESENTATIONS
9:27 A. Presentation of Proclamation and Retirement Award Honoring Gregory
a.m. Budde on His Retirement from Indian River County Board of County
Commissioners Department of Emergency Services/Fire Rescue with Thirty -
Two Years of Service
1-2
(Clerk's Note: This item was heard following Item S.E. and is placed here
for continuity).
Chairman O'Bryan read and presented the Proclamation to Gregory
Budde.
9:35 B. Presentation of Proclamation Designating the Month of November, 2014, as
a.m. National Runaway Prevention Month 3
Commissioner Zorc read and presented the Proclamation to Children's
Home Society's Adoptions Marketing Specialist Frank Avilla;
Administrative Supervisor Tracey Croteau; and Executive Director
Sabrina Barnes.
9:37 C. Presentation of Proclamation Designating the Month of November, 2014, as
a.m. National Adoption Awareness Month 4
Commissioner Solari read and presented the Proclamation to Children's
Home Society's Adoptions Marketing Specialist Frank Avilla;
Administrative Supervisor Tracey Croteau; and Executive Director
Sabrina Barnes.
9:44 D. Presentation of Proclamation Designating November 11, 2014, as Veterans
a.m. Day 5
Commissioner Flescher read and presented the Proclamation to John
Michael Matthews, who accepted on behalf of Colonel Tony Young,
First Vice President, and Indian River County Veteran's Council. Mr.
Matthews was accompanied by Gary James, American Security Council
Foundation.
9:01 E. Presentation on behalf of the Mental Health Collaborative regarding Mental
a.m. Health Court by Indian River County Sheriff Deryl Loar and Nineteenth
Judicial District Circuit Court Judge Cynthia L. Cox
6-18
(Clerk's Note: This item was heard following Item 4 and is placed here for
continuity).
Sheriff Deryl Loar and Nineteenth Judicial District Circuit Court Judge
Cynthia L. Cox, Co -Chairs of the Diversion Strategies Task Group,
Mental Health Collaborative, gave a PowerPoint Presentation (copy on
file), regarding the Mental Health Collaborative's request to institute a
Mental Health (MH) Court in Indian River County. They discussed how
MH Court will address the needs of mentally ill persons who are
homeless or incarcerated; reduce the jail population; and enhance public
safety. Judge Cox cited the success of the MH Court in St. Lucie County,
Board of County Commission Meeting Page 2
November 4, 2014
6.
7.
and advised that the initial costs for the MH Court in Indian River
County would be approximately $140,000 annually.
Discussion ensued as individual Commissioners expressed support for
the Mental Health Court. Several Board Members wanted additional
details on the financial aspects of St. Lucie County's program.
Judge Cox, assisted by Lisa Fontaine, Program Administrator for St.
Lucie County, spoke to the financial aspects of St. Lucie County's
program.
Commissioner Solari wanted the Sheriffs Office to make a financial
contribution to the MH Court.
County Administrator Joseph Baird requested that a formal budget
request be submitted to the County.
Management and Budget Director Jason Brown suggested exploring
whether the Nineteenth Judicial Circuit would fund a portion of the MH
Court from the Court Innovations Fee.
The Board CONSENSUS was to have the Sheriff and Judge Cox report
back to the Board on November 18, 2014, with additional financial
information on the Mental Health Court.
APPROVAL OF MINUTES
None
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:50 A.
a.m.
Chairman O'Bryan submits for information Resolution #203-14-14297, a
resolution of the Mayor and City Commission of the City of South
Miami, Florida advocating the legal separation of Florida into two
separate states, creating the 51st state in the Union and naming it "South
Florida."
19-20
Chairman O'Bryan reported that the City of South Miami has
proposed dividing Florida into two separate regions, to create a 51st
state, "South Florida," and indicated that Indian River County
would be considered part of the new state.
Commissioner Solari declared that he has no interest in being part of
"South Florida," and asked the Board if they would support a
statement opposing South Miami's proposal.
Discussion ensued as individual Board Members expressed
opposition to South Miami's proposal, with the caveat that if "South
Florida" does become a separate state, Indian River County would
Board of County Commission Meeting Page 3
November 4, 2014
want to become part of "North Florida." The Board CONSENSUS
was for Commissioner Solari to bring this issue back under his
matters at the November 18, 2014 County Commission meeting.
Chairman O'Bryan said he would submit the Board's statement to
the Florida Association of Counties.
B. Proclamation Supporting the Healthiest Weight Florida Initiative 21
9:57 C.
a.m.
8.
Temporary Closure of North County Aquatic Center and Corresponding
Expansion of Hours at the Gifford Aquatic Center
(memorandum dated October 23, 2014)
22-23
Assistant County Administrator Mike Zito noted that the Gifford
Aquatic Center would be open six days a week while repairs were
made to the North County Aquatic Center pool.
CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
Davis, the Board unanimously approved the Consent Agenda as presented.
9:59 A. Approval of Warrants — October 10, 2014 to October 16, 2014
a.m. (memorandum dated October 16, 2014) 24-31
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
B. Approval of Warrants — October 17, 2014 to October 23, 2013
(memorandum dated October 23, 2014) 32-38
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
C. Quarterly OPEB Trust Report for Quarter Ending 09-30-2014
(memorandum dated October 24, 2014) 39-41
Approved the Quarterly Other Post Employment Benefits Trust
Report for the Year Ended September 30, 2014
D. Quarterly Investment Report for Quarter Ending 09/30/2014
(memorandum dated October 24, 2014) 42-54
Approved the Investment Advisory Committee Quarterly Investment
Report from July 1, 2014 through September 30, 2014.
E.
Authorization for Assistant County Attorney to Attend FAC Legislative
Conference
(memorandum dated October 22, 2014)
55-58
Authorized the Assistant County Attorney to attend the Florida
Association of Counties (FAC) 2014-2015 Legislative Conference in
Tampa, on November 19 through 21, 2014.
Board of County Commission Meeting Page 4
November 4, 2014
F.
G.
H.
Release of Reversionary Interests with regard to Former Fire Rescue
Station #9 Property Located at 1640 U.S. Highway 1, Sebastian
(memorandum dated October 21, 2014)
59-61
Authorized the Chairman to execute the Release of Reversionary
Interests, which releases any reversionary interests the County may
have with regard to the City of Sebastian's Quit Claim Deed to
Indian River County with respect to the subject property (now
owned by Richard Peacock).
Resolution Canceling Taxes on Property Purchased for Oslo Road/66th
Avenue Right -of -Way and Corner Clip and 66th Avenue Right -of -Way
from Three Dogs & A Horse, LLC and Audrey Graves Sexton,
Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D
May 31, 2005
(memorandum dated October 27, 2014)
Approved Resolution 2014-101, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida Statutes.
62-67
Request for Board Approval of Closeout Agreement for The County's
Neighborhood Stabilization Program 1 (NSP1) Community Development
Block Grant (CDBG)
(memorandum dated October 27, 2014)
68-72
(1) Approved the Neighborhood Stabilization Program 1 (NSP1)
Community Development Block Grant (CDBG) Closeout Agreement
by authorizing the Chairman to execute the Agreement with the
Florida Department of Economic Opportunity (DEO); and (2)
authorized the Chairman to execute and submit any additional
CDBG related documents to allow the County to complete closeout
of the Grant.
L Modification to Terms for Annual Bid for Polymer — 2015003
(memorandum dated October 27, 2014) 73-77
J.
Authorized the Purchasing Manager to modify the Notices of Annual
Award document for the polymer bid, as indicated on the redlined
changes on pages 76 and 77 of the agenda package.
26t" Street -Advance Acquisition of Right -of -Way Javier and Baylee
Franco, Owners, 2605 53rd Avenue
(memorandum dated October 16, 2014)
78-86
(1) Approved and authorized the Chairman to execute the Contract
for Sale and Purchase with Javier Franco and Baylee Franco for
$110,000; (2) directed staff to take the needed right-of-way from the
property after purchase; and (3) authorized sale of the remainder
property at sealed bid.
Board of County Commission Meeting Page 5
November 4, 2014
9.
10.
K.
L.
Angelo Zaffuto's Request for Release of an Easement at 1811 East
Pebble Path (Summerplace Subdivision Unit 2)
(memorandum dated October 28, 2014)
87-93
Approved Resolution 2014-102, releasing an easement on Lot 5,
Block C, Summerplace Subdivision Unit 2.
Transfer of License from Sandridge Golf Club to Indian River County
Fairgrounds
(memorandum dated October 28, 2014)
94-105
Approved the transfer of liquor license from Sandridge Golf Club to
the Indian River County Fairgrounds, and authorized the Chairman
to execute the Division of Alcoholic Beverages and Tobacco (DBPR)
Change of Location application to the State of Florida Department of
Business and Professional Regulation.
M. Declaration of Excess Equipment as Surplus for Sale or Disposal
(memorandum dated October 29, 2014) 106-107
Declared items on the Excess Equipment list as surplus and
authorized their sale and/or disposal.
N. Miscellaneous Budget Amendment 027
(memorandum dated October 29, 2014) 108-110
Approved Resolution 2014-103, amending the Fiscal Year 2013-2014
budget.
O. FDEP Grant Agreement No. 14IR3, Wabasso Beach Restoration Project
(Sector 3)
(memorandum dated October 27, 2014)
111-137
Approved and authorized the Chairman to execute two copies of the
Florida Department of Environmental Protection (FDEP) Grant
Agreement No. 141R3.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
PUBLIC ITEMS
A. PUBLIC HEARINGS
10:00 Proof of Publication of Advertisement for Hearing is on File in the Office of
a.m. the Clerk to the Board
1. Consideration of Amendments to Land Development Regulations
(LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971
(Specific Land Use Criteria) to Establish Regulations for Medical
Marijuana Treatment Centers
(memorandum dated October 24, 2014)
138-165
(Legislative)
Board of County Commission Meeting Page 6
November 4, 2014
Community Development Director Stan Boling recalled the
Board's direction on September 23, 2014, for the County
Attorney and staff to draft legislation pertaining to the possible
passage on November 4, 2014, of Amendment 2 to the Florida
Constitution, Use of Marijuana for Certain Medical
Conditions. He stated that on October 21, 2014, the Board
adopted Ordinance 2014-018 regarding medical marijuana
regulations, and that today's proposed Ordinance pertains to
amending the Land Development Regulations (LDR's) to
regulate medical marijuana treatment center locations and
operations. He reviewed the proposed LDR's and sites in the
unincorporated County where a treatment center would be
permitted, and noted that if Amendment 2 does not pass, the
LDR amendment would not need adoption. Director Boling
thereafter presented staff's recommendation for the Board to
hold the final public hearing on November 18, 2014, regardless
of whether or not the legislation passes.
Director Boling responded to questions from Commissioner
Zorc related to potential dispensary sites in the unincorporated
County and the City of Vero Beach.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, commented on the
proposed sites for the treatment centers.
Robin Dapp, Executive Director, Substance Awareness Center
(SAC) of Indian River County, applauded the Board for being
proactive.
Chairman O'Bryan emphasized that the Board's interest in
enacting this legislation in no way reflects support for
Amendment 2.
There were no additional speakers, and the Chairman closed
the Public Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari, the Board, after conducting a public
hearing and making no changes to the proposed Ordinance,
unanimously approved to consider adoption of the proposed
Ordinance at a public hearing to be conducted in the County
Commission Chambers at 5:01 p.m. on November 18, 2014.
Board of County Commission Meeting Page 7
November 4, 2014
10:18
a.m.
B. PUBLIC DISCUSSION ITEMS
(As a general rule public discussion items should be limited to matters on which the
commission may take action.)
1. Request to Speak from Patricia Hunt Regarding Public Records
Requests, Fla. 119.01, 119.07 Video Surveillance in Public
Buildings
166
Patricia Hunt, PO Box 442, disclosed that she has not received
from the Sheriff's office, a response to her written request for
Courthouse surveillance tapes dated March 27, 2013 and
September 23, 2013, and wondered if the Board could help her.
No Board Action Was Required or Taken
The Chairman called a recess at 10:29 a.m., and reconvened
the meeting at 10:41 a.m., with all members present.
10:28 2. Request to Speak from Joe and Phylicia Wiggins Regarding South
a.m. County Park and Sidewalk on Oslo Road
11.
167
Absent
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
10:41 A.
a.m.
Meetings of the Indian River County Board of County Commissioners —
Proposed 2015 Meeting Dates
(memorandum dated October 20, 2014
168-169
County Administrator Joseph Baird asked whether the Board wanted
to make any changes to the proposed 2015 Board of County
Commission meeting dates.
No Board Member requested a change.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved the
proposed 2015 Board of County Commission meeting dates, as
presented on page 169 of the agenda package.
Board of County Commission Meeting Page 8
November 4, 2014
10:42 B.
a.m.
12.
12.
10:42
a.m.
Renewal of Lobbyist Agreement for 2015 Legislative Session
(memorandum dated October 29, 2014)
Administrator Baird requested that the Board renew the agreement
with Ballard Partners, Inc., so the firm can continue working on the
legislative priorities for the 2015 Legislative Session.
170-172
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Zorc, the Board unanimously: (1) renewed the Contract
for Services with Ballard Partners, Inc. for lobbying services for the
2015 Legislative Session; and (2) authorized the Chairman to execute
same upon review and approval by the County Attorney and County
Administrator.
DEPARTMENTAL MATTERS
A. Community Development
None
B.
Emergency Services
None
DEPARTMENTAL MATTERS PAGE
C.
D.
E.
General Services
None
1.
2.
3.
Human Services
None
Sandridge Golf Club
None
Recreation
None
Human Resources
None
Office of Management and Budget
1. Interfund Loan — Sandridge Golf Course Irrigation
(memorandum dated October 28, 2014)
173-175
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to authorize an
interfund loan from General Fund reserves in the amount of
$630,000 at an interest rate of 1.0% per year, to be repaid over
Board of County Commission Meeting Page 9
November 4, 2014
a three (3) year period as shown in the Proposed Debt Service
Schedule.
Discussion ensued about the interfund loan.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
10:46 2. Quarterly Budget Report
a.m. (memorandum dated October 27, 2014)
F.
10:58
a.m.
176-194
Management and Budget Director Jason Brown presented the
Quarterly Budget Report for the fourth quarter of Fiscal Year
2013-2014. He also responded to the Board's questions on
utility taxes, surcharges, and franchise fees that may be
charged by Florida Power & Light (FPL) and the City of Vero
Beach Electric Utility.
Public Works
1. Sector 3 Dune Repair Project, Change Order No. 1 — Consideration
of Changes to Sand Stockpiling Requirement Guettler Brothers
Construction, LLC
(memorandum dated October 29, 2014)
195-207
Director of Public Works Chris Mora presented background
on the request of Guettler Brothers Construction, LLC
(Guettler) for the Board to eliminate the contract provision to
have 75% of the material stockpiled before the initial sand
placement for the Sector 3 Dune Repair Project.
County Coastal Engineer James Gray explained that Guettler
has a significant amount of upland sand stockpiled, but less
than the 75% required in the contract agreement; however,
they want to begin the dune repair project on November 5,
2014. He explained the Board's options with regards to
upholding/eliminating the stockpile provision, or pre -
purchasing processed sand, and recommended that the Board
eliminate the 75% stockpile provision and authorize the
Chairman to sign any necessary documents to effectuate
Change Order No. 1 to the Sector 3 Dune Repair Project
Contract Agreement, so that staff can issue a notice -to -proceed
to Guettler.
Commissioner Zorc stated that the process of having the mines
stockpile the sand has helped drive project costs down, and
spoke in support of Guettler's request.
Ben Guettler, in response to Chairman O'Bryan's inquiry,
stated that the sand mining production rates have been slowed
by the excessive rain. He estimated that the Project would be
Board of County Commission Meeting Page 10
November 4, 2014
G.
11:17
a.m.
completed by the end of March 2015.
MOTION WAS MADE by Commissioner Solari, SECONDED
by Commissioner Zorc, to eliminate the 75% Sand Stockpile
Provision, and authorize the Chairman to execute an
amendment and any additional documents necessary in order
to effectuate the suggested Change Order No. 1 to the Sector 3
Dune Repair Project Contract documents with Guettler
Brothers Construction, LLC, in order for staff to issue a full
project notice -to -proceed to Guettler.
Vice Chairman Davis declared a conflict of interest, and
abstained from voting.
(Clerk's Note: Form 8B Memorandum of Voting Conflict is
attached to these minutes as Addendum A).
Chairman O'Bryan declared that he did not want to be told
later that the project has been delayed due to a lack of sand.
Bob Johnson, Coral Wind Subdivision, sought and received
confirmation that there would be no legal ramifications from
the County amending this contract.
The Chairman CALLED THE QUESTION and by a 4-0 vote
(Vice Chairman Davis abstained), the Motion carried.
Utilities Services
1. Extension & Amendment of — Indian River County Continuing
Contract Agreement for Professional Services
(memorandum dated October 13, 2014)
208-262
Director of Utility Services Vincent Burke recalled the Board's
approval of continuing contract agreements with sixteen firms
(fourteen approved November 15, 2011, and two approved
December 6, 2011), to provide professional services for various
projects in the County. He stated that the Board could
approve: (1) the extension and amendment of the Continuing
Contract Agreement for Professional Services with the sixteen
firms (listed on pages 208 and 209 of the agenda packet); or (2)
direct staff to prepare a one-year extension agreement with the
current contractors, and solicit a Request for Qualifications
(RFQ) for the professional services. Director Burke
recommended that the Board approve the contracts with the
sixteen existing firms.
Commissioner Zorc asserted that opening the contracts to new
contractors would create competition and save the County
money.
Board of County Commission Meeting Page 11
November 4, 2014
13.
A lengthy discussion followed as the Board questioned staff
about the RFQ process/expense; the feasibility of opening the
professional services contracts to new vendors; and the
Consultants' Competitive Negotiation Act (CCNA).
Wesley Mills, P.E., Mills, and Jason Short, P.E., Short and
Associates, spoke about their new business and said they would
welcome the chance to work with the County.
Steve Moler, Masteller & Moler, Inc., described the cost
burden of compiling the RFQ's and said he supported the
renewal of the continuing contract agreements.
Commissioner Solari stated that since the burden for
processing new RFQ's is so burdensome to staff/contractors, he
would support staff's recommendation.
MOTION WAS MADE by Commissioner Solari, SECONDED
by Commissioner Flescher, to authorize the Chairman to
execute the Agreements, renewing the existing contracts for
three (3) years with a single end date of November 16, 2017, for
the following sixteen (16) firms: Atkins North America, Inc.;
Bridge Design Associates, Inc.; Brown & Caldwell; Carollo
Engineers, Inc.; Carter Associates, Inc.; CDM Smith; Ecotech
Consultants, Inc.; Geosyntec Consultants; Kimley-Horn &
Associates, Inc.; Knight, McGuire & Associates, Inc.; Masteller
& Moler, Inc.; MBV Engineering, Inc.; Neel -Schafer, Inc.; SCS
Engineers; Schulke, Bittle & Stoddard, LLC; and W.F.
McCain & Associates, Inc.
Vice Chairman Davis voiced his opposition to staff s
recommendation. He acknowledged the cost burden, but
preferred to give any interested contractors the opportunity to
submit an RFQ for the professional services.
Bob Johnson suggested that the Board extend the current
contracts for one year, and then solicit an RFQ.
Patrick Walther, Carter Associates, Inc., stated that his firm
has received no work under this particular contract, and it
would cost almost $10,000 to resubmit an RFQ.
The Chairman CALLED THE QUESTION and by a 3-2 vote
(Commissioners Davis and Zorc opposed), the Motion carried.
COUNTY ATTORNEY MATTERS
None
Board of County Commission Meeting Page 12
November 4, 2014
14.
15.
COMMISSIONERS MATTERS
A.
B.
C.
D.
E.
Commissioner Peter D. O'Bryan, Chairman
None
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Commissioner Bob Solari
None
Commissioner Tim Zorc
None
SPECIAL DISTRICTS AND BOARDS
A.
B.
Emergency Services District
None
Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are available separately.
11:57 1. Approval of Minutes Final Budget Hearing of September 16, 2014
a.m. — Resubmitted Reflecting a Correction to the Date of the Hearing
C.
2. Request for a Public Hearing for a SWDD Ordinance Update
(memorandum dated October 27, 2014) 263-267
3. Amendment No. 5 to Republic Services for the Closing of Winter
Beach Customer Convenience Center
(memorandum dated October 27, 2014)
268-276
Environmental Control Board
None
Board of County Commission Meeting Page 13
November 4, 2014
16.
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned
at 12:18 p.m.
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Coi ► r ol'r
Deputy Clerk
BCC/MG/2014Minutes
Wesley S. Davis, Chairman
Approved:
SSVOMERS
DEC 1 6 2014 \''•• ,/NDIQPJR�
Board of County Commission Meeting Page 14
November 4, 2014
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME
Davis Wesley S.
MAILING ADDRESS
1801 27th Street, Building A
CITY COUNTY
Vero Beach Indian River
DATE ON WHICH VOTE OCCURRED
NwvPmher 4, '7014
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Board of County Commissioners
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
❑ CITY WouNTY
0 OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
XR ELECTIVE 0 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 equally to members of advisory and non -advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Eich elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or Toss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
•
•
•
•
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must 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 min-
utes of the meeting, who should incorporate the form in the minutes.
•
•
• •
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
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 other side)
1.41 4
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
1, WPs1 Py S _ Davi s
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby disclose that on Nov mbPr 4 , 20 14 :
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
-�4- inured to the special gain or loss of my relative, brot-hPr, Rri an Davi s
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 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:
Relative Brian Davis, brother, owns and operates a business and may or
may not benefit from the decision.
November 4, 2014
Date Filed Signature
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.
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