OFASIAP CUNTY,FL SINCE 1872 TOWN OF ASTATULA MAYOR AND TOWN COUNCIL MINUTES REGULAR SESSION TOWN HALL TUESDAY! NOVEMBER 12, 2019 Having been duly advertised as required byl law, Mayor Mitchell Mack called the Regular Session meeting to order at 7.00pm. He gave the invocation and led the Pledge of Allegiance. Members Present: Mitchell Mack, Mayor Stephen Cross Kimberly Kobera Gayle Sikkema Staff Present: Graham Wells, Town Clerk Wally Hoagland, Police Chief Tom Wilkes, Town Attorney Jane Whaley, Deputy Clerk (7:34 pm) Roll Call was performed, and it was determined that a quorum was present. Mayor Mack welcomed Town Planner, Tim Green, representatives from National Storm Recovery, Tony Raynor and Ed Lee; Attorney' Tom Wilkes, Mr. & Mrs. Issartel and Mrs. Wells. CITIZENS QUESTIONSAND COMMENT There were no citizens questions or comments. AGENDA REVIEW There were: no amendments to the agenda. MINUTE. APPROVAL Approval of Minutes for October 14, 2019 Regular Council Meeting MOTION by Councilman Cross to approve the minutes shown above; SECONDED by Councilwoman Sikkema For: Cross, Kobera, Mack, Sikkema MOTION CARRIED 4-0 PUBLIC HEARING FINALREADINGOFORDINANCE2019-26-APPROVALOFANUPDATEDCODIFICATIONOE ALLTOWN ORDINANCES ORDINANCE 2019-26 AN ORDINANCE OF THE TOWN OF ASTATULA, FLORIDA, REGARDING THE TOWN'S CODE OF ORDINANCES; APPROVING AN UPDATED CODIFICATION OF ALL TOWN ORDINANCES; PROVIDING FORTHE REPEALOF CERTAIN ORDINANCES) NOTINCLUDED IN THE UPDATED TOWN CODE; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THE UPDATED TOWN CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. Town ofA Astatula Meeting Minutes November: 12,2019 Page 1of11 The Town's code of ordinances has not been codified since 2006. A full review has taken place and the entire republication of the Charter, Code of Ordinances (through Ordinance 2019-01) and the Land Development Regulations (appendix 1) is now available on Municode. Ordinances Thet title was read by Mayor Mack. Public comment was opened and therel being none was closed. MOTION by Councilman Cross to approve Ordinance 2019-26; SECONDED by adopted after 2019-01 willl be codified as supplements to the code. Councilwoman Sikkema Al Roll Call vote was taken Mack Kobera Sikkema Cross YES YES YES YES MOTION CARRIED 4-0 FINAL READING OF ORDINANCE 2019-27 - VACATION OF RIGHT-OF WAY ON PARK AVENUE. ORDINANCE NO.2019-27 AN ORDINANCE OF THE TOWN OF ASTATULA, FLORIDA, VACATING A PORTION OF PARK AVENUE ALONG THE EAST AND SOUTH BOUNDARIES OF THE PROPERTY POPULARLY KNOWN AS JOE SWAFFER PARK AND LEGALLY DESCRIBED AS LOT 21, BLOCK D, OF THE MAP OF ASTATULA, AT PLAT BOOK 1, PAGE 12; PROVIDING FINDINGS, SEVERABILITY, A portion of the right-of-way for Park Avenue contains land that () has no portion of the pavement for Park Avenue, and (ii) contains land, facilities, and structures used for the Park's operations, not for vehicular movement on Park Avenue. The Town Council has determined, therefore, that the portions of the right-of-way described above should be removed from the Thei title was read by Mayor Mack. Public comment was opened and therel being none was closed. MOTION by Councilman Cross to approve Ordinance 2019-27; SECONDED by AND AN EFFECTIVEDATE. Park. Avenue right-of-way and made legally and formally partofthe Park. Councilwoman Sikkema A Roll Call vote was taken Mack Kobera Sikkema Cross YES RECUSED YES YES MOTION CARRIED 3-0 NEW BUSINESS Town of Astatula Meeting! Minutes November 12, 2019 Page 2of11 FIRST READINGOFORDINANCEZ0I9ZP-AEPICATIONTOREPIACE: THE EXISTINGPUD APPROVED WITH ORDINANCE 2012-A WITH A NEW PUD WITH NEW USES AND STANDARDS. ORDINANCE2019-29 ANORDINANCEOFTHETOWNOFASTATUIA, FLORIDA, AMENDINGTHEOFFICIALZONING MAP OF THE TOWN OF ASTATULA, FLORIDA, BY REPLACING THE EXISTING PUD ZONING APPROVED WITH ORDINANCE 2012-A WITH A NEW PUD. THE PROPERTY IS LOCATED SOUTH OF TENNESSEE AVENUE AND EAST OF CR 561 IN ASTATULA, FLORIDA, AND CONTAINS APPROXIMATLEY 100 ACRES, AND MORE PARTIC-ULARLY DESCRIBED BELOW;FINDING CONFORMITYWITHSTATESTATUTESANDTHECOMPREHENSIVEPLAN OF THE TOWN OF ASTATULA, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING A The PUD was created in 2012 for the Central Florida Motorsports Park tol hold events at the site. Having tried with two lessees, with disastrous consequences, the owner, Paul Faircloth of Faircloth Family Ltd has entered into an agreement to sell the site to National Storm Recovery, The proposed uses and standards for the property are outlined in Section 3 ofthe' Town Planners Report, where there are also items that are recommended for discussion and consideration by Council. The application has been heard before the Planning and Zoning Board. The public hearing notice has been sent to nearby residents and businesses, posted in town hall and sign at The Mayor deferred to Planner Green to give an overview from his report and the suggested changes. He stated that he had compiled the report from items that had been included in the application with his own comments and suggestions on each section and the concerns raised by SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. LLC who wish to use it for a wood debris processing facility. the parcel as per the code. the Planning and Zoning Board. The location on the. site through a detailed Site Plan illustrating all of the proposed items with setback restrictions, bufferwidths, buffer types, maximum impervious area. The location on the site through a detailed Site Plan illustrating all of the proposed items with setback restrictions, bufferwidths, buffert types, maximum impervious area. The water. system. for RV: sites will have to meet. FDOH. standards for public water. RV: sites have to meet all. State ofFlorida regulations for restroom facilities, etc. Special Events. such as the proposed Tree and Lumberjack, festival will require coordination The hours ofoperation. should be discussed for each of the items listed. Storm and disaster events should be defined and given a duration in days to return to normal hours. All lighting should meet Dark. Sky criteria and should not be allowed from dusk to dawn. with the Town. Town of Astatula Meeting Minutes November 12, 2019 Page 3of11 A detailed: site! plan should be required as a condition ofthe PUDI rezoning approval. Thes site plan should detail the location ofeach use proposed, outdoor equipment, access, driveways, parking, loading, buildings, setbacks, buffers, landscape, lighting levels along all outer property lines and within the site, sound mitigation, water retention, etc. A noise mitigation plan should be reviewed and approved as a condition of the PUD approval. The plan should illustrate the expected highest decibel levels allowed along all of the outer property lines.. A: site plan should illustrate the location ofall physical mitigation requirements. Planner Green said that the Planning and Zoning Board had spenta a great deal oft time discussing this application and their individual comments and concerns are shown below. Member Issartel said that her concern was the additional traffic coming through town with the noise ofthe trafficand from the processing plant. She also asked whether the debris from storms would bej just trees or general debris? Mr. Lees said that theyl have an agreementf for general debris to go to the landfill and only trees would come to this site. This should be specified in the Member Reagan asked ift there were any hazardous chemicals that are used in the processing plant. Mr. Lee stated that only dyes to color the mulch would be used and no other processing Member Smith asked how many. jobs the plant would create for the town. Mr. Lee responded that many of their current employees lived in Lake County, butl he could not forecast accurately iforhow many may bej produced from Astatula in the future. Ms. Smith was also concerned about Chairman Boyd asked Mr. Lee what part of the operation would produce the most noise. He responded thati it would likely be the backup beepers from the loading trucks and forklifts. This was beyond the operators control as they are mandated by OSHA. The grinders were operated by big diesel engines that would have mufflers on to reduce the noise to al minimum. Clerk Wells asked whether the mulch bagging line facility would be inside of a building which was confirmed but also that the vehicles that would operate outside would be required between the hours of operation 7:00 am to midnight. Mr. Lee's response was that they would like to operate two shifts and therefore the vehicles and forklifts with the backup alarms would be operating during those hours. Mr. Wells said that this would likely not fly as the town receives constant complaints from the alarms at County Materials. Therei is also thei issue oftrucks coming Chairman Boyd said that they would have tol look at the hours ofoperation: and asked whattheir hours of operation were at the existing plant in Apopka. Mr. Lee responded that it was 7:00 am agreement. chemicals. the complaints that would come from the noise. and going during this period as well. to 5:00 pm Monday thru Saturday. Towno ofA Astatula Meeting! Minutes November 12,2 2019 Page 4of11 There was a motion from Planning and Zoning to recommend approval of the PUD contingent upon the concerns being above conveyed to the Council. Mayor Mack opened the floor for questions for the Board. Councilman Cross asked whether they would need to operate 24 hours ac dayi int the event ofar major storm. Mr. Raynorr responded thatitd depended on the: severityofthe Mr. Cross suggested thati its should bei included in the Ordinance so that they can be ready the day after the Governor declares a state of emergency. This can remain in force for thirty-days after which they would come back to council for an extension. Mr. Lee also requested that they can use thel RV park during an emergency where they would bring inj portable toilets. Mr. Cross said that he wanted the annual event to state that it is an industry event and not open to the public. They would go through the normal special event permit process prior to the event. Special permission would have to be granted to bring any storm debris other than trees; no mobile homes or other storm debris. Mayor Mack opened public comment; Orita Issartel reiterate he comments from the Planning and Zoning meeting about traffic. The Mayor closed public comment, read the title and requested a motion to approve Ordinance 2019-29 and send MOTIONI by Councilman Cross to approve Ordinance 2019-29: and send to secondreading: storm, but he would like the opportunity ifit was needed. to second reading. SECONDED by Councilwoman Kobera Al Roll Call vote was taken Mack Kobera Sikkema Cross YES YES YES YES MOTION CARRIED 4-0 Mayor Mack requested a five-minute recess at 7:54] pm. The meeting resumed at 8:04 pm. RESOLUTION 2019-28 APPROVING A VARIANCE FOR THE VISTAS OF ASTATULA SUBDIVISION. RESOLUTION 2019-28 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA; GRANTINGAVARIANCEFROMSECTION7630FTHELANDDEVELOPMENT REGULATIONS TO ALLOW FOR. AN ALTERNATIVE FIRE PROTECTION FOR PROPERTY LOCATED NORTH OF MASSACHUETIS, EAST OF JACKSON STREET, AND SOUTH OF FLORIDA AVENUE; Avariancei is requested from Chapter 7 Zoning Regulations: 7.6.3 Fire Protection and Hydrant Requirements of the Town of Astatula Land Development Regulations. The Variance is for installing alternative fire protection for single family homes in an area zoned R-2 of the Town where municipal provided fire flows are not available. The public hearing notice has been sent tor nearby residents or businesses, posted in town hall and on three sides oft the parcel as pert the PROVIDING FOR RECORDATION; PROVIDING FORANI EFFECTIVE DATE. code. Town ofA Astatula Meeting Minutes November: 12,2019 Page! 5of11 Planner Green went over the history and the options that were looked at. This was the best solution to the resolve the fire protection issue. He stated that the special conditions were not the making of the applicant rather than a deficiency of the Town to provide a hydrant and adequate fire flow.The system tol bei installedi inthehomes would bes sperortohavngalydrant A hardship exists that is the result ofthis chapter or the natural features of the land and not the Thei variance ash-ANerwA Itothegeneral Itwas determined that the hardship was not the fault of the applicant. Mayor Mack asked for comments from the board. Attorney Wilkes said that it was a good variance. There being no MOTION by Councilman Cross to approve Resolution 2019-28; SECONDED by closer to the property. The code requires the following determination: fault ofthe developer. public's interest. public comment he read the title and requested al motion. Councilwoman Sikkema A Roll Call vote was taken Mack Kobera Sikkema Cross YES YES YES YES MOTION CARRIED 4-0 RESOLUTION 2019-30 END OF YEAR BUDGET AMENDMENTI FORFY2018-2019. RESOLUTION 2019-30 A RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET AMENDMENTS FOR THE TOWN OF ASTATULA FOR FISCAL YEAR 2018-2019. The annual budget for the Town was adopted by fund and department. The expenditures for Legal Fees (514),Law! Enforcement (521)andl Protective Inspections (524) were overthebudget set at September 20,2019 and an amendment is required tol be passed by November 30, 2019. Clerk' Wells gave al breakdown oft the expenditures that were over budget and the corresponding revenues used to make thel budget balance. Following discussion a motion was requested. MOTION by Councilman Sikkema to approve Resolution 2019-30; SECONDED by Councilwoman Kobera Al Roll Call vote was taken Mack Kobera Sikkema Cross YES YES YES NO MOTION CARRIED3-1 Towno ofAstatula! Meeting Minutes November: 12,2019 Page 6of11 RESOLUTION 2019-32 AMENDING SECTION 7.1 OF THE POLICY AND PROCEDURE MANUAL. RESOLUTION 2019-32 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, LAKE COUNTY, Part time employment before benefits are paid is currently less than 32 hours per week. Itist the intention of the resolution to increase this to less than 36 hours per week before the Town is required toj pay benefits. Current employees considered full time, working more than 32 hours FLORIDA, AMENDING THE POLICY. AND PROCEDURE MANUAL. will: not be affected. Shown below is our legal counsels' opinion in this matter. 1. employees. 2. There is no requirement to provide healthcare insurance to employees other than Obamacare, which does not apply to the Town as we understand the Town has fewer than 50 The Town can work with its insurance carrier to determine which employees the Town wants to be eligible for health insurance. Ifthe Town wants to offer insurance to those who work as few as 25) hours or more on a regular basis, we understand that under Florida law the insurance carrier must cover those employees but can exclude temporary employees. Otherwise, we are. not All this provides the Town the option to decide who is eligible, but) you must address it with the insurance carrier and be sure the insurance plan is consistent with how the Town defines an MOTION by Councilman Cross to approve Resolution 2019-32; SECONDED by aware ofany requirement to provide health insurance to the Town employees. 3. eligible employee. Councilwoman Kobera A Roll Call vote was taken Mack Kobera Sikkema Cross YES YES YES YES MOTION CARRIED 4-0 TOSTAKE THE CEMETERY. CONSIDERATIONAND, APPROVALOETHEI PROPOSALI FROM SOUTHEASTERNSURVEYING This project was discussed at the October meeting where it was tabled to be brought back with an alternate quote which was provided from CPWG at a cost $4,075.00. Mayor Mack entertained a motion to approve the less expensive proposal from Southeastern Surveying. MOTION by Councilman Cross to approve the bid from Southeastern Surveying to stake Section 0, Block 5 of the cemetery at a cost of $3,363.00; SECONDED by Councilwoman Kobera Mack Kobera Sikkema Cross Al Roll Call vote was taken YES YES YES YES MOTION CARRIED 4-0 Town ofAstatula! Meeting Minutes November 12,2019 Page 7of11 CONSIDERATION AND APPROVAL FOR THE INSTALLATION OF AJ FENCE AT KIRKWOOD This fence was approved in last year's budget; however, it was not installed until October 2019 and must be accounted for in the FY that the work took] place. Resolution 2019-31 provides for RESOLUTION 2019-31 BUDGET AMENDMENT FOR THE SURVEYING OF THE CEMETERY PARK. abudgetamendment to cover the cost oft the project from Parkl Impact Fees. AND' THE FENCE ATI KIRKWOOD] PARK RESOLUTION: 2019-31 A RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET AMENDMENTS FORTHE1 TOWN OF ASTATULA FOR FISCAL' YEAR: 2019-2020. MOTION by Councilman Cross to approve Resolution 2019-31; SECONDED by Councilwoman Sikkema Al Roll Call vote was taken Mack Kobera Sikkema Cross YES YES YES YES MOTION CARRIED 4-0 REVIEWOFTHECONTRACTFORTHENEW/COMMUNITYRUIDINGANDRIQUESTINGTHE The contract with Signature Construction was drafted by the architects for the project, Bessolo Design Group, Inc. The contents have been reviewed by the grant administrator, Fred Fox Enterprises and by attorney, Mr. Guy Haggard from Gray Robinson. The contract Mayor Mack gave a detailed overview ofthe history and issues surrounding the contract and the contractor and suggested that he be given the authority to negotiate the final details and MOTION by Councilman Cross to give thatauthority; SECONDED by Councilwoman Kobera MAYOR TONEGOTIATETHE TERMSANDSIGNTHECONTRACT. has been sent to Signature Construction for their review. theaddendum. For: Cross, Kobera, Mack, Sikkema Against: NONE MOTION CARRIED 4-0 APPROVAL OF GABSTMASBONUSTOHEPAD ON DECEMBER 6. PAYROLL. Councilwoman Kobera asked ift the bonuses were approved in thel budget and as they were, she suggested that we move forward to approve. Councilman Cross said that he had a big problem with it and stated the history when the Town could not afford to pay wage increases. Towno ofAstatulal Meeting! Minutes November 12, 2019 Page 8of11 Councilwoman Sikkema said that she partly agreed with him, however as it was put in the budget, shet thought they should be paid, and thes situation reviewed: for nextyearsh sbudget. There MOTIONI by Councilwoman Kobera toj pay the Christmas bonus on the December 6payroll; being no further discussion the Mayor entertained a motion. SECONDED by Councilwoman Sikkema AI Roll Call vote was taken Mack Kobera Sikkema Cross YES YES YES NO MOTION CARRIED3-1 CONSIDERATION OF CLOSING TOWN HALL OVER THE CHRISTMAS AND NEW YEAR Mayor Mack said that he had brought this up due to the days fallingbetween Christmas Daya and the New' Yearl holidays. Thea additional days would bet the 26*30*31-ofDeembe: and January 2nd which would be additional vacation for Jane. The clerk had booked vacation from the 26thto Councilman Cross said that we: should abide by the holidays in the policy manual and' Town Hall still needed to be open to the public. Mayor Mack stated that it was a gesture and that ifit was a PERIOD. January 6, 2020. problem then he would move onto the next item. LIGHTUPASTATUIA- REPORTONI PROPOSED ACTIVITIES- CLERKWELLS Clerk Wells went over the itinerary; the start time was beingl brought forward to 6:00j pm to help the Farley Family with the photos with Santa. The Town is partnering with Astatula Baptist Church again and instead oft the moviei in the park we arel havinga cake walk. The raffle and ticket sales for the cake walk are going towards a veteran's memorial in the cemetery. Council will be asked to come up front to be introduced to the crowd and Mayor Mack will make as speech, welcome Santa and Mrs. Claus and light the tree. 1300 flyers will be sent out with the newsletter on the reverse side; posters at the post office and businesses and ten signs will be Att this time the Mayor made a motion; seconded by Councilman Cross to extend the meeting by placed ati intersections around the town. ten minutes. This was unanimously approved. COUNCILDEPARTMENT & COMMITEEREPORT Economic. Development- Councilwoman Sikkema - NONE Public Works - Mayor Mack-N NONE PublicSajety/Code. Enjforcement- Councilwoman Kobera- - NONE Town ofA Astatula Meeting! Minutes November 12,2019 Page 9of11 Finance Councilman Cross-NONE Office-LDR's, Ordinances, Legal- Councilman Cross-NONE STAFF REPORTS Town Attorney - Tom Wilkes - Announced that in future he was going to attend the Howey Police Department- ChiefHoagland - Gave an update on an incident in the town and a report on the Halloween even held in the community building. They had around 200 people come through in a steady manner from 7:00 pm till around 9:00 pm. He thanked the Mayor, all his He said that there was a trash issue with the WCA trucks dumping trash while they are driving along, and the wind blows iti into the street. Theyl have been advised thatifitcontinues then they The annual shoot out and barbeque would take place on Sunday December 8 for anyone who wanted to attend. This would be catered this year. There would be four officers participating in meetings and Heather Ramos would cover the Astatula meetings. officers and Jane for volunteering their time to make the event successful. will be cited. They did come back and clear the trash up shop with a cop this year. Town Clerk- Graham Wells-NONE BUDGET AND FINANCE REPORT REVIEW Finance Officer Wells gave an overview of the revenues and expenditures for September along with the closing bank balances at September 30, 2019. There was true up in the discretionary Surtax in the Infrastructure fund which increased the revenues. This report was as accurate asit The October report was discussed, with revenues $2,727 more than budget and expenditures $942 under budget and he added that despite the general fund balance shown below at the end ofOctoberlooking healthy, there were checks cut: since and with the payroll due, the balance was just $9,000 as of that morning. Clerk Wells stated that he was holding sending some checks out could be to show the position against budget for the whole year. pending receiving the first payment of Ad Valorem Taxes. October 2019 Balances: General Fund: Impact Fees: Transportation Fund: Infrastructure Fund: CDBG Fund: Cash Drawer: 72,971.99 104,870.50 114,337.69 389,601.45 25.00 150.00 Town of Astatula Meeting Minutes November 12,2019 Page 10 of11 REVIEW a. Items for Workshops and possible dates - NONE b. Items put forward for the next Council meeting NONE COUNCIL MEMBER MISCELLANEOUS COMMENTS - NONE Review ofitems needing Special Meetings and possible dates- NONE ADJOURNMENT There being no further business Mayor Mack adjourned the meeting at 9:37 pm. Respectfully submitted, H Mitchell Mack, Mayor ATTEST: T Town Clerk VE 1927 Town ofA Astatula Meeting Minutes November: 12,2019 Page 11of11 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME Kobera, Kimberly Mae MAILING/ ADDRESS 25122 CR561 CITY Astatula DATE ONV WHICHY VOTE OCCURRED November 12, 2019 NAME OFE BOARD, COUNCIL, COMMISSION, AUTHORITY, ORC COMMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON Astatula Town Council WHICHISERVE ISAUNIT OF: Ecmy NAME OFF POLITICAL SUBDIVISION: MYPOSITIONIS: COUNTY Lake OCOUNTY DOTHERLOCALAGENCY d ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other locall level of government on an appointed or elected board, council, commission, authority, or committee. Ita applies to members ofa advisory and non-advisory bodies who are presented with a voting conflict of Your responsibilities under the law when faced with voting on ar measure in which youl have a conftict ofi 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 interest under Section 112.3143, Florida Statutes. completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES Ap person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which wouldi inure to his or her special private gain or loss. Eache elected or appointed local officer also MUSTA ABSTAIN from knowingly voting on ar 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 ofay principal by which he or she is retained); to the special private gain orl loss ofa relative; or tot thes special private gain or! loss ofa 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 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 from voting int that capacity. are not listed on any national or regional stock exchange). ELECTED OFFICERS: Ina addition to abstaining from voting int the situations described above, your must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating tot the assembly the nature ofy your interest int the measure on whichy you are WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the abstaining from voting; and minutes oft ther meeting, whos should incorporate the formi int 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, IFYOUI INTEND' TOI MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING. AT WHICH THE VOTE WILL BE Your must complete and file this form (before making any attempt toi influence the decision) with the person responsible for recording the whether orally ori in writing and whether made! by you or aty your direction. TAKEN: minutes oft the meeting, whov willi incorporate thet form int the minutes. (Continued on page 2) CE FORM 8B- -EFF. 11/2013 Adopted by referencei inF Rule 34-7.010(1)), FA.C. PAGE1 APPOINTED OFFICERS (continued) Acopy of thet form must! be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the formi is filed. IFYOUI MAKE NO. ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: Your must disclose orally the nature of your conflict in the measure before participating. agency, and thet form must be read publicly at the next meeting after the form is filed. Your must complete the form and filei it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who musti incorporate the form int the minutes. A copy of the form must be provided immediately to the other members oft the DISCLOSURE OF LOCAL OFFICER'S INTEREST Kimberly Mae Kobera hereby disclose that on_ December 9 20 19 (a)Ameasure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain orl loss of my business associate, inured to thes special gain or loss of my relative, inured to the special gain orl loss of whom la am retained; or inured tot the special gain orl loss of which is the parent subsidiary, or sibling organization or subsidiary ofap principal which has retained me. (b)" Ther measure before my agency and ther nature of my conflicting interest int the measure is as follows: Idid not have a voting conflict of interest in the Town Council's vote on first reading of the ordinance to vacate part of the Park Avenue right-of-way (agenda item E.2). However, the only house with access to/from Park Avenue where right-of-way is to be vacated was owned by my family until a few weeks ago, when we sold it. Therefore, Ihad the appearance of a voting conflict. On advice of the Town Attorney, lelected to abstain from the vote. For the same reasonlhave abstained from voting on the second reading, at the Regular Council meeting on December 9, 2019. Ifo disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attomeys, a public officer, whoi is also an attorney, may comply with the disclosure requirements oft this section by disclosing the nature of thei interest in such a way as top provide the public with notice oft the confict. A. December 10, 2019 Date Filed 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, ORA CIVIL PENALIYNOTTOE EXCEED $10,000. CEF FORM 8B- EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(), FA.C. PAGE2