HomeMy WebLinkAboutPZ 04-09-1991 MINUTES OF THE PLANNING AND ZONING COMMISSION HELD ON
TUESDAY, APRIL 9, 1991
CALL TO ORDER: 7:35 p.m.
PRESENT: Chairman Sims and Vice Chairman Shiver; Planning
and Zoning Commission members Linebarier,
Swickerath, Switzer, Weeks, and Bond; Alternate
member Rhodus; Utilities Director /City Engineer
Shira, Director of Planning Behrens, and Deputy
Clerk Resnik.
ABSENT: Alternate member Carroll.
CONSENT AGENDA
Regular Meeting Minutes of January 8, 1991
Planning and Zoning Commission member Linebarier moved to approve
the minutes of January 8, 1991, Commission member Switzer seconded,
and approval was unanimous.
NEW BUSINESS
Case No. 1- 3R- 91:ARVIDA
Chairman Sims asked for comments from staff. Director of Planning
Behrens read the staff report. Commission member Linebarier asked
how the City Attorney determined that an advertised public hearing
was not necessary before the Planning and Zoning Commission.
Director of Planning Behrens said that according to the PUD
ordinance, this request was not considered a substantial change
since it did not exceed the original approved zoning of 4 units per
acre (gross density).
Commission member Switzer said he felt an advertised public hearing
should have been held regardless of the specifics outlined in the
ordinance since it was such a different plan than originally
approved. Commission member Linebarier also felt the City
Attorney's interpretation of the Code was uncalled for and because
of the nature of the change, it should have been advertised.
Director Behrens said he did try to get the City to hold an
advertised public hearing before the Planning and Zoning Commission
but was turned down.
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Planning and Zoning Commission meeting
April 9, 1991
Commission member Swickerath said in the past when there has been
a major change in density, there has always been a public hearing
at the Planning and Zoning level. He said he realized they were
expensive but felt it was in the best interest of the public that
they be notified.
Director of Planning Behrens said he was personally in favor of the
request to rezone to PUD but would like to see the developer's
presentation before he discusses any of the specific waivers they
are seeking, namely front yard setbacks, that he still feels uneasy
about. Director Behrens said other than that, he felt the new plan
was a solid request and that it was the direction this developer
and the City in general should be moving in.
David Guy, President of the Central Florida Division of Arvida,
gave a brief history of Arvida and more specifically, the Wesmere
development. Mr. Guy explained the original market study was done
in 1988 and it was determined that single family homes would sell
best in this area. He said it was estimated that the development
would be sold out in 4 -5 years.
Mr. Guy said market conditions since that time have changed
dramatically. He said the new market study convinced them to
request the zoning change to PUD to allow them the flexibility of
a product mix so that they can change with the market. Mr. Guy
said he felt future PUDs in the City of Ocoee will be judged
against this one and Arvida will rest on its reputation.
John Reinhart, Glatting Lopez Kercher Anglin, displayed an aerial
photo and pointed out the Arvida project as well as the major
roadways, the new hospital location, Oak Forest Apartments, and a
newly proposed school location. Mr. Reinhart emphasized that the
area is growing rapidly and will continue to do so. He said the
Arvida Corporation was trying to update its development to keep up
with these changes.
Mr. Reinhart gave a slide presentation that showed products in
other developments that they are building to show what they are
looking to build in Ocoee. He also explained their design goals
which included building high quality products, a diverse housing
mix, developing several neighborhood villages, and keeping their
high standards of landscaping.
Mr. Reinhart also showed a conceptual drawing of the different
villages and how they would be situated along the main spine road
with the lakes and the recreation complex. He said the lake system
was a combination of an amenity as well as retention devices.
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Planning and Zoning Commission meeting
April 9, 1991
Mr. Reinhart also discussed the transportation issues that would be
involved. He said the project entrance already had right, and left
turn lanes off of Maguire Road and that the Maguire Road corridor
study showed that the road would be four -laned in the future. Mr.
Reinhart said the developer is also committed to providing left
turn lanes at Maguire and Roberson Roads when warranted.
Mr. Reinhart said the developer is dedicating 40 1/2 feet of right -
of -way and that the right turn lane to the project entrance would
be built and that a left turn lane would also be put in if the
traffic study said it was necessary. He said the traffic study and
the turn lanes had to be done to coincide with any building done
after 300 homes.
Mr. Reinhart then outlined the specific waivers that the developer
was requesting.
1. A decrease in some of the street right -of -way widths. They
were requesting a 40 foot right -of -way with a 10 foot easement
where the ADT is less than 500. They agreed that this concept
would require heavy landscaping.
2. A reduction in the pavement width. They were requesting a 22
foot width where the ADT was less than 500. They said they
would post a lower speed limit and that they would keep the
standard pavement width required for all cul -de -sacs.
3. A reduction in lot setbacks. They specifically wanted to have
the option of a 20 foot (versus 25 foot) front yard setback.
They said this waiver would not apply to the areas along
Wesmere Parkway. The developer also wanted to have the option
of a 5 foot rear yard setback where screened pool enclosures
were concerned.
They also were requesting a reduction in the perimeter setback
when a wall was called for (if no wall, than the standard 25
foot setback would be used per the City Code).
4. An increase in the amount of coverage allowed on each lot.
The City ordinance stipulates that the overall maximum average
building coverage shall not exceed 30 percent. The developer
was proposing to increase that coverage to as much as 45
percent on certain lots to allow for certain products.
5. A reduction in the minimum living area square footages. Mr.
Reinhart explained the developer had three types of units: a
1,400 square foot single - family unit; a 1,000 square foot
zero -lot line unit; and townhomes that would range in square
Page girre Planning and Zoning Commission meeting
April 9, 1991
footage from 800 square feet to more than 1,000 square feet
(25 percent of the townhomes may be as low as 800 sq. feet, 25
percent would be allowed to be as low as 900 sq. feet, and the
remaining 50 percent would be at least 1,000 sq. feet).
Mr. Reinhart explained that these waivers would only be utilized in
certain areas and not throughout the entire development.
Mr. Reinhart said what the developer was proposing would make a
stronger community. He said the developer was requesting a change
in zoning to PUD along with the waivers outlined above.
Director of Planning Behrens said he agreed with what the
Development Review Committee voted to approve. Director Behrens
said he was not at the meeting but had read the minutes of the
meeting last night. He said he felt that this development would
provide direction for the City to take for the future. Director
Behrens said the PUDs that the City has approved to date have not
been "true" PUDs. He said that Arvida has done all that the City
'`„ has asked of them and that although economics is a factor in their
request, he feels they are here for the duration and that the
concept they are proposing has been shown to be successful in other
communities that they have developed. Director Behrens said he
felt that Arvida had taken an old orange grove and turned it into
a very attractive development.
Director of Planning Behrens said his main concern with Arvida's
request was the distance between the sidewalk and the garage where
they proposed to have that be 16 feet. Director Behrens passed
around a list he had comprised of several different automobiles and
their respective lengths in feet and he really felt that 16 feet
was not adequate. He said other than that, he personally did not
have any problems with any of the other waivers they were
requesting.
Chairman Sims asked if the density proposed was consistent with the
City's Comprehensive Plan and Director of Planning Behrens said it
was consistent and was proposed at an overall maximum density of 4
units per acre. Chairman Sims asked if there were any other
planning issues such as lot coverage that needed to be discussed in
more detail. Director Behrens said the developer was requesting
waivers on some of the lots for lot coverage but that the overall
coverage meets the requirements of the PUD ordinance. Director
Behrens said the waivers they were requesting would allow as much
as 45 percent lot coverage (on the zero lot line homes). John
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Planning and Zoning Commission meeting
April 9, 1991
Reinhart said Ray Bradick of Bowyer- Singleton had taken all this
into account when designing the stormwater management system. Ray
Bradick said there is actually less impervious area now than with
the old plan (overall). It was explained that that was because of
the two -story homes in the new plan.
Chairman Sims asked City Engineer Shira if there were any technical
issues (engineering -wise) that would be created by the waivers
being requested. City Engineer Shira said what was on the plan is
what the staff had agreed to and that there had been some back and
forth discussions and concessions to arrive at the plan they had
before them. City Engineer Shira said the 40 foot street widths
and 10 foot easements were sufficient for engineering and safety
purposes and that those were a compromise after three or four
iterations. He said there was discussions regarding the ability of
safety vehicles and garbage trucks to maneuver on the streets and
that the City and the developer had agreed to have a non - mountable
curb with 22 foot pavement to solve that issue.
Vice Chairman Shiver asked with the trees lining the roadway,
whether or not an emergency vehicle could get by if a car was
parked on the side of the street. City Engineer Shira said the
remaining pavement width, even with a car parked on the side of the
road, was sufficient to get by. David Guy said the homeowners
association documents prohibited the parking of cars on the street.
Commission member Linebarier asked where a visitor would park if
they can not park on the street. Mr. Guy said the homeowners
documents also require homeowners to park their cars in the garage
so there would be room in the driveway for visitors. Commission
member Linebarier asked if a one car garage was permitted and Mr.
Guy said it was with some of the homes. Chairman Sims said
realistically, there is going to be some parking on the roadways
every now and then. Director of Planning Behrens said he lives in
Winter Park on a similarly narrow street and they post no parking
on one side of the street to ensure that emergency vehicles would
have sufficient room to get through.
Commission member Weeks announced that he had to leave the meeting
but wanted to express his opinions on the proposed changes. He
said he was favorably impressed overall with the new plan and that
he felt that there were a few details that would need to be worked
out but he was in favor of the concept in general.
There was discussion about the average length of automobiles
(ranging from about 14 to about 17 feet) and Arvida showed a slide
of a jeep parked in a 16 foot driveway to give some indication of
the fit. Vice Chairman Shiver said it was hard to determine since
the jeep was not one of the vehicles on the list to show how long
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April 9, 1991
it was and he also wondered about the luxury automobiles that were
all about 16 or 17 feet. Arvida said they would extend it to 17
feet. Director of Planning Behrens said for the record that he
personally wanted to see 20 feet between the sidewalk and the
garage.
Commission member Swickerath said he did not have as much of a
problem with the driveway and setback issues as he did with the
overall density of the project which he felt had increased
significantly. He said it went from approximately 500 units to
about 750 under the proposed plan. Commission member Swickerath
said he liked the new plan and felt it was far superior to the
current one. He said he prefers the PUD to straight single - family
zoning. Commission member Swickerath cautioned the Planning and
Zoning Commission to make their decisions based on whether the plan
represented better planning principles rather than basing their
decisions on economic factors. He said for the record that he felt
this was good planning.
Commission member Switzer said he would like to see more room in
the driveways (regarding the issue of the 16 foot minimum) but that
im,, overall he liked the new plan. He said the only other problem he
had with it was that he did not like the zero lot line concept
because of the issue of getting things into the back yards.
Joe Dobosh of Arvida said on the zero lot line homes there is
actually 10 feet between homes (5 feet on each lot) and that this
area is considered an easement that must be kept free and clear.
Mr. Dobosh said a gate could be put up to close in the back yards
but that it would have to be a shared gate for both homes in order
to keep the easement free and clear. It was asked whether the air
conditioning units could be located in this area and Mr. Dobosh
said they could not.
Commission member Bond said she liked the new plan and thought the
developer had missed the market from the beginning. She asked what
percentage of the new plan would comprise the $90,000- 145,000 range
and the Arvida representatives said all but the existing single
family lots. Commission member Bond said she agreed with Director
of Planning Behrens about the issue of the driveway length needing
to be increased but other than that she did not have any problems
with the new plan.
Vice Chairman Shiver said he felt if the City approved of this new
plan, it was opening up the door to having every other project do
the same just because they did not corner the market. Vice
Chairman Shiver said he always asks developers two questions: what
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April 9, 1991
their products are selling for and where the developers think they
are going to find buyers and is always told that should not be his
concern. He said now this developer is telling him it is his
concern.
Vice Chairman Shiver said there is also a problem with fire safety
and that it would be difficult to get a ladder on the second story
given only a 10 foot easement between structures. He said that
single story zero lot line homes would not cause as much of a
problem but that the two story would.
Vice Chairman Shiver also asked who would determine when the right
turn lane was warranted. John Reinhart said there would be a
traffic study done and that the right turn lane would have to be
constructed by the construction of the 300th home and it was the
left turn lane that would be determined if it was warranted by the
traffic study.
Vice Chairman Shiver also asked about the cost of maintaining the
landscaping and common areas. David Guy said it is usually about
$60 per month per homeowner.
Vice Chairman Shiver said his primary concern was that if the City
did this for one developer, it would have to do it for all of them.
Commission member Swickerath disagreed and said as he stated
before, that the City should base any decisions on planning and not
economics.
Vice Chairman Shiver asked the developer what they planned to do if
their request was denied. David Guy said he really could not
answer that.
John Reinhart emphasized that the developer was asking for some
waivers, but that Arvida was also going way over the minimums in
certain areas such as recreation, landscaping, and retention
amenities.
RECESS: 9:15 p.m.
CALL TO ORDER: 9:25 p.m.
Alternate member Rhodus said that the previous members had covered
all of her concerns and that she was impressed with the new plan.
Commission member Linebarier asked what the traffic study was for
that had to be done by the time the 300th house was built. John
Reinhart said that the traffic study would determine whether the
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Planning and Zoning Commission meeting
April 9, 1991
traffic generated by the project was intense enough to necessitate
a left turn lane at Maguire and Roberson Roads. Commission member
Linebarier asked who would prepare the study and make the final
determination and Mr. Reinhart said Arvida would be responsible for
having the study done and the City would have its engineers review
it and make the final determination.
Commission member Linebarier said he loved the landscaping but that
he could not vote for the proposed driveway lengths and the
setbacks. He reminded the developer that they had previously
requested a 20 foot setback that was turned down by both the
Planning and Zoning Commission and the City Commission and now they
were requesting it again. He said he was not in favor of it
before, and he is still against it.
Ray Bradick of Bowyer- Singleton, the project engineer, said the
previous request for a reduction in setbacks had nothing to do with
the issue under discussion tonight. He said they had at one time
asked for a reduction in the side yard setback on corner lots.
Commission member Linebarier said that the developer of Silver %ftv had asked for 5 foot side yards (10 feet between homes) and that
both the Planning and Zoning Commission and City Commission had
turned them down and now this developer was requesting the same
thing. He said zero lot lines had also been voted down by both
boards on every occasion they were requested by developers. He
said for these reasons and because he felt strongly that a public
hearing should have been held, he could not vote in favor of the
new plan. Commission member Linebarier also wanted to state for
the record that any new plan would have to incorporate the crash
gate that was mandated between this development and the M/I Homes
development.
R.P. Mohnacky, 1820 Prairie Lake Boulevard, said he feels that PUDs
are a loop hole for developers to reduce lot sizes and compromise
on setbacks, etc. to satisfy their own concerns. Mr. Mohnacky
said he especially felt that the lot coverage was a big compromise
for the City since it would allow the developer to go as high as 45
percent on some lots whereas 30 percent is the maximum under the
ordinance.
Alton Julian, a developer who is currently building in Ocoee, said
he had previously requested that he be allowed to classify his
project as zero lot line but was refused. Mr. Julian said he felt
since he did not get approval, Arvida should not get approval.
�Irr
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Planning and Zoning Commission meeting
April 9, 1991
John Reinhart asked permission to respond to the Planning and
Zoning Commission member comments and the public comments. He said
there appeared to be three main concerns:
1. The front yard setback issue. Mr. Reinhart said the developer
is willing to provide the 20 feet between the garage and the
sidewalk that the City was referring to. He said they would
move the garage back if necessary and asked if staff or the
Planning and Zoning Commission would have a problem with
reducing the rear yard setback to 17 feet behind the garage.
He also asked if they could move the sidewalk one foot into the
easement. Director of Planning Behrens and City Engineer Shira
•
had no problem with this as a solution.
2. The zero lot line issue. Mr. Reinhart emphasized that the zero
lot line products would all be internal to the site and that
they would only be part of the overall project.
3. The public hearing issue. Mr. Reinhart said the developer had
no knowledge of this issue and would not have objected to a
public hearing. He said he felt it would be unfair to Arvida
to deny the project on that basis.
Chairman Sims said he agreed with Commission member Swickerath that
it was necessary for the Planning and Zoning Commission and the
City Commission to base their decisions on planning principles
rather than economics. Chairman Sims also stressed that the public
hearing issue was a separate issue that would be taken up under
"Other Business" on the agenda tonight. He said it should not be
reflected in the vote.
Chairman Sims said he liked the new plan better because he felt it
represented a more innovative approach to PUD zoning. Chairman
Sims said most of the subdivisions in the north part of town were
comprised of single family homes on quarter acre lots and that they
all looked the same. He said he liked to see creativity and felt
that sometimes meant asking for waivers on some requirements in
order to provide more than just the minimum standards on other
things. Chairman Sims said there really was not a need for a
Planning and Zoning Commission if the City was always going to
require all standards and minimums to be met no matter what. He
said he thought that it was part of their job as members of the
Planning and Zoning Commission to study requests for waivers and to
then decide if it would be in the City's best interest to relax the
requirements in one area to allow the developer to provide
something more substantial in another area.
Page %Irpe Planning and Zoning Commission meeting
April 9, 1991
Chairman Sims said issuing a "no" vote on this request tonight
would make it appear that the City was not interested in creativity
on the part of developers. He said he thought that was the wrong
message to send and felt that the City would rather see good
planning. Chairman Sims agreed that other developers would
probably come back to ask for similar alterations to their plans
but that the City's decisions would be made on whether the request
would be representative of good planning or not and that that would
be the sole determination. In other words, the developer would
have to be offering something in return for asking for waivers on
something else and it would all have to be in the best interest of
the City.
Chairman Sims declared a conflict of interest on this project (he
worked on the project for the previous owner /developer) and turned
the chair over to Vice Chairman Shiver.
Commission member Linebarier said he felt the developer could be
creative without having to ask for waivers or variances. He said
that standards had been established for a reason and were not meant
to be waived because a developer found he could not sell the
,,. expensive house he thought he could.
Commission member Bond said her opinion on this issue had changed
back and forth many times throughout this discussion. She said she
was not really concerned about the developer's financial hardships
but also has nothing against zero lot lines and the other variances
being requested. Commission member Swickerath reminded Commission
member Bond and the other Commission members that it was not
variances or waivers being requested. He said the PUD ordinance
allows for these kinds of discussions and agreements and that there
are not really any "standards" or "minimums" to be waived.
Commission member Swickerath moved that the Planning and Zoning
Commission find the requested rezoning from R -1 -AA and R -1 -AAA to
PUD, Planned Unit Development, and the Land Use Plan (i) consistent
with the Ocoee Comprehensive Plan, (ii) in compliance with all
applicable requirements of the Ocoee City Code, and (iii) in the
best interests of the City and recommend to the City Commission
approval of the petition in Case No. 1- 3R- 91:ARVIDA, including the
waivers from the minimum standards set forth in the PUD Ordinance
as specified in the Land Use Plan, revised as of April 4, 1991,
subject to the following revisions recommended by the Planning and
Zoning Commission (1) that setbacks be a minimum of 20 feet between
the sidewalk and the garage, (2) that there be a minimum 17 foot
rear yard setback behind the garage with the sidewalk being able to
%my be one (1) foot into the easement, and (3) that the improvements
referenced to in Item #19 of the Land Use Plan be paid for by the
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Planning and Zoning Commission meeting
April 9, 1991
applicant and not the City and further that the City Commission
find the proposed rezoning and Land Use Plan, as revised, to be
consistent with the Ocoee Comprehensive Plan.
Commission member Switzer seconded the motion. Upon a roll call
vote the motion passed 4 -2 with Commission members Swickerath,
Switzer, Bond and Rhodus all voting in favor and Vice Chairman
Shiver and Commission member Linebarier voting against. Chairman
Sims did not vote because of a conflict of interest.
Vice Chairman Shiver turned back the chair to Chairman Sims who
then called for a short recess.
RECESS: 10:15 p.m.
CALL TO ORDER: 10:25 p.m.
Commission member Linebarier had three questions he wanted answered
in reference to issues discussed at the January meeting:
1. Chairman Sims' concern on the drainage for the Milton
Shoe subdivision. Chairman Sims said he had discussed this with
City staff and his questions were satisfied.
2. The issue of the driveway cut onto Bluford Avenue for one of
the lots in the Milton subdivision. The minutes of the
January meeting reflected that Chairman Sims thought the City
was trying to decrease the number of cuts onto Bluford Avenue
and wondered why the City did not insist on another avenue of
access for this lot. City Engineer Shira said the City could
have insisted on making Mr. Milton design the entire
subdivision so as to keep from having any cuts onto Bluford
Avenue but staff felt that it was a question of equity since
the lot already existed and the cut onto Bluford already
existed.
3. The issue of requests for proposals for landscaping along
Clark Road that Commission member Swickerath discussed.
Director of Planning Behrens explained that the Clark Road
Development Committee met and heard presentations from two
firms and decided on Glatting Lopez. Commission member
Swickerath said he is a member of the Clark Road Development
Committee and was part of that selection process but also said
he would discuss the process in more detail with the City
Manager at another time.
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Slow Planning and Zoning Commission meeting
April 9, 1991
Commission member Swickerath raised the issue of tonight's agenda
not being part of a public hearing. He said although the Code may
say if required and despite the development meeting the "if
required" criteria by keeping the overall density within the
guidelines and consistent with the Comprehensive Plan, the bottom
line is that the plan for that development has significantly
altered the nature of the project. He said he felt it constituted
a substantial change and therefore should have been handled as a
public hearing. Commission member Swickerath also said he would
like to have the City Commission clarify when public hearings are
necessary. He understands the cost factor but does not feel that
money should be the determining factor. Commission member
Swickerath said he felt that there would have been more of the
public at the meeting and although he hopes it would not have
altered the overall vote, he still feels it is important to have
that input.
Director of Planning Behrens said he thought it was pretty clear on
whether a public hearing was necessary in this case and that it
should only have been done in the event the proposed plan was
inconsistent with the Comprehensive Plan. He said as the Planning
Sire Director, he determined that it was consistent because the overall
density was still under 4 units per acre.
Chairman Sims explained to Director of Planning Behrens that the
Planning and Zoning Commission members were not necessarily saying
that the City did not follow the Code correctly, but that maybe the
Code needs to be changed as a matter of serving the public better.
Commission member Linebarier said in his opinion, the zero lot line
issue itself represents what he considers to be a substantial
change and therefore should have been advertised. He said the
public did not have a chance to give input on this new concept.
Vice Chairman Shiver said he felt that the Code should be revised
and that a public hearing should be held at the Planning and Zoning
Commission level for all PUDs.
Commission member Swickerath moved to recommend that in all cases
where a developer is requesting a change in zoning to a PUD, then
the developer has to comply with the same criteria as had it been
a PUD beforehand. He said this would close the loophole.
There was discussion on the above motion and then Commission member
Swickerath withdrew his motion and moved to recommend that all PUDs
come before the Planning and Zoning Commission for a public
hearing. Commission member Linebarier seconded the motion and it
passed unanimously.
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Planning and Zoning Commission meeting
April 9, 1991
ADJOURNMENT: 11 p.m.
414
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PATTY CLERK RESNIK
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1 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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Sims, Michael D. Ocoee Planning & Zoning Commission
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1' t'OSI I IUN 15:
May 21, 1991 ELECTIVE XArroiNFIVE
1
WHO MUST FILE FORM 8B
•
This form is for use by any person serving at the county, city, or other Iocal level or government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to metnbers or advisory and non- advisory bodies who are presented
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recording the minutes of the meeting, who will incorporate the form in the minutes.
:opy of tllc form should be provided immediately to the other n)enibers of the agency.
• The form should he read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
(I 1 nu\ I .111 141 ■i,
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