HomeMy WebLinkAbout01-26-2000 o MINUTES OF THE PLANNING AND ZONING COMMISSION
REGULAR MEETING HELD WEDNESDAY, JANUARY 26, 2000
I. CALL TO ORDER
The meeting was called to order by Chairman Switzer at 7:30 p.m. A moment of silent
meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared
present.
PRESENT: Chairman Switzer, Vice - Chairman Bond, Members Christoefl, McKey, McNeil,
Matthys, and Miller (arrived at 7:40 p.m.). Also present were Assistant City
Attorney Formella, Planning Director Wagner, Principal Planner Lewis,
Transportation Planner Friel, Senior Planner McGinnis, and Administrative
Secretary Dawson.
ABSENT: Members Landefeld and Rhodus.
II. CONSENT AGENDA
The consent agenda consisted of approval of Item A:
ti..r
ITEM A: Minutes of the Planning and Zoning Commission Regular Meeting held on
Tuesday, December 14, 1999.
Member Christoefl, seconded by Member McKey, moved to approve the consent agenda as
corrected. Motion carried 6 -0.
III. NEW BUSINESS
ITEM A: FOREST RIDGE: PUBLIC HEARING
a) ANNEXATION - CASE NO. AP- 99 -03 -03
b) REZONING TO PUD WITH LAND USE PLAN - PROJECT No. LS-99 -004
c) PRELIMINARY SUBDIVISION PLAN - PROJECT No. LS-99 -004
Principal Planner Lewis presented the staff report recommending approval of the Annexation of
Forest Ridge. He stated that subject property is 1.02 ± acres south of 17 Avenue and east of
Lakewood Avenue. The annexation is consistent with the JPA Amendment, state annexation
criteria and the standards established by the City.
The Commission asked if the county had filed any objections. Planning Director Wagner and
Assistant City Attorney Formella responded that no objections had been filed and that there is a
err.► thirty day limit for filing objections.
Planning and Zoning Commission Regular Meeting
January 26, 2000
The public hearing was opened. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if they
were discussing the PUD and annexation. He was advised by Chairman Switzer that only the
annexation was being discussed at this time.
James Creech, 118 Mobile Lane, was concerned about protecting his 12 foot right -of -way access
easement. He was not in opposition to the annexation. Assistant City Attorney Formella
advised Mr. Creech and the Commission that since he has an easement of record, the annexation
would not affect the easement, and would affect the subdivision/site plans. Planning Director
Wagner stated that he and his staff are well aware of the situation.
Member McNeil stated for the record that he had a conflict of interest on this case, and that he
would not be voting on any issues related to Forest Ridge. (Clerk's Note: The original of the
CE Form 8B and Member McNeil's cover letter are attached hereto as Exhibit "A" .)
Chris Bryan, 1110 Little Spring Hill Drive, stated that he was an exterminator, and was
concerned that vermin from the proposed development would be entering his property and asked
if the Commission would assist existing homeowners. Planning Director Wagner stated that the
developer would be installing silt fences. He also asked about the amount of future growth and
petitions from City residents about future growth issues. Chairman Switzer advised Mr. Bryan
firw to address these issues to the Mayor and City Commission.
There being no further comments from the audience, the public hearing was closed.
There being no comments or further discussion by the Board,
Vice - Chairman Bond, seconded by Member McKey, moved to recommend approval of the
Annexation of Forest Ridge. #AP- 99- 03 -03, to the City Commission, as recommended by the
staff. Motion carried 6 -0 with Member McNeil abstaining due to a conflict of interest.
Principal Planner Lewis presented the staff report recommending approval of the Rezoning to
PUD with Land Use Plan and the Preliminary Subdivision Plan for Forest Ridge. The subject
property is 57 residential lots located on 14.32± acres. The minimum lot size would be 60' by
110'. Several waivers will be needed due to the shape of the subject property ( "L" shaped). On
the south side of the subject property is Mr. Creech's property and an old abandoned cemetery.
The county shows no owner of record for the cemetery, but it is listed as tax exempt. The
cemetery is located in a county enclave and is not part of the City.
The public hearing was opened. Ron White, 500 N. Maitland Avenue, developmental
consultant for the applicants, stated that he was instrumental in the original survey of the subject
property. He has done extensive work concerning the cemetery. A title search was done back to
1900, and no owner of record could be found. He had an archeologist examine a 20' strip on the
southern edge of the subject property and no remains were found. The cemetery is abandoned
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Planning and Zoning Commission Regular Meeting
January 26, 2000
and overgrown, and there is no indication of any burial sites. He responded to various questions
by the members.
Robert Patton, 110 Anderson Place, stated that he was impressed by staff's investigation into the
cemetery issue. He stated he was concerned about vehicle access, traffic and emergency vehicle
access into Anderson Place. He also asked about annexation into the City.
David Moss, 114 Anderson Place, stated that he was also concerned about the access into
Anderson Place. He stated he was also concerned about drainage issues and asked if the location
of a fire hydrant in the new subdivision could be close to the existing homes on Anderson Place.
Christine Booth, 1094 N. Lakewood Avenue, stated she was concerned about traffic on
Anderson Place and 17 Street. She stated that she wanted a barricade between the subdivision
and Anderson Place. She was also concerned about lot sizes and parking issues.
Robert Patton, stated that he did not want a barricade between the subdivision and Anderson
Place.
There being no further comments from the audience, the public hearing was closed.
Member McNeil stated for the record that he had a conflict of interest on this case, and that he
would not be voting on any issues related to Forest Ridge. (Clerk's Note: The original of the
CE Form 8B and Member McNeil's cover letter are attached hereto as Exhibit "A" . )
A lengthy discussion ensued concerning the cemetery, parking issues, emergency vehicle access
and placement of fire hydrants, lot sizes, affordable housing, waivers and buffers ensued.
There being no comments or further discussion by the Board,
Member McKey, seconded by Vice - Chairman Bond, moved to recommend approval to the
City Commission of the PUD Land Use Plan and the Preliminary Subdivision Plan for Forest
Ridge subdivision ( #LS -99 -004), including all of the proposed waivers except #3 and #4, as date
stamped received by the City on January 19, 2000, subject to the City Commission approval of
the proposed annexation and development agreement and subject to revision of the PUD Land
Use Plan and Preliminary Subdivision Plan to include the additional Condition of Approval set
forth in the Assistant City Attorney's memorandum dated January 26, 2000 and elimination of
Waivers #3 and #4. Motion carried 4 -2, with Members Christoefl and Matthys voting against
and Member McNeil abstaining due to a conflict of interest.
Recess 9:12 p.m. to 9:26 p.m.
3
Planning and Zoning Commission Regular Meeting
S low January 26, 2000
ITEM B: CAMBRIDGE VILLAGE: PUBLIC HEARING
a) WORSHAM ANNEXATION - CASE No. AP- 99 -05 -04
b) REZONING TO PUD WITH LAND USE PLAN - PROJECT No. AP- 99 -05 -04
Principal Planner Lewis presented the combined staff report recommending approval of the
Annexation of Cambridge Village and rezoning to PUD. He stated that subject property is 8.97
± acres adjacent to the West Oaks Mall to the south and west, and Rose Hill Subdivision to the
east. The annexation is consistent with the JPA Amendment, state annexation criteria and the
standards established by the City. The minimum lot size is 50' by 110'. There is a condition of
approval that the developer must apply to vacate the abandoned right -of -ways. There will be a 6'
fence and landscape buffer. He responded to various questions from the members regarding a
perimeter brick wall.
The public hearing was opened. R.P. Mohnacky, 1820 Prairie Lake Boulevard, stated that he
wanted to address the PUD issue. He wanted to know what the City was getting in return from
the PUD developer. Chairman Switzer responded that the City was getting impact fees. He
also requested that the city do research on the brick wall issue.
Joseph Worsham, 9929 White Road, stated that he was the owner of the subject property and he
remembered that in initial discussions with the mall it was a condition that a brick wall be built
by the mall on the perimeter, but it was never built on his property's section.
There being no further comments from the audience, the public hearing was closed.
A lengthy discussion ensued concerning lot sizes, transitional areas, and the fence and buffer
zone in contrast to a brick wall.
There being no comments or further discussion by the Board,
Member Miller, seconded by Member Matthys, moved to recommend approval of the
Worsham Annexation, #AP- 99- 05 -04, to the City Commission, as recommended by the staff.
Motion carried 7 -0.
Chairman Switzer, seconded by Member Christoefl, moved to recommend approval to the City,
Commission of the proposed PUD Zoning and PUD Land Use Plan for Cambridge Village ( #AP-
99-05-04), including the proposed waiver, as date stamped received by the City on January 19,
2000, subject to the City Commission approval of the proposed annexation and the Development
Agreement, and subject to the construction of a brick wall along the western and southern
boundaries consistent with adjacent properties to be funded by either the mall or the developer,
instead of the decorative fence required by condition of approval #26. Motion carried 5 -2, with
Vice - Chairman Bond and Member McKey voting against.
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Planning and Zoning Commission Regular Meeting
S,. January 26, 2000
ITEM C: RED ROOF INN # LS- 99-011
PRELIMINARY /FINAL SITE PLAN PUBLIC HEARING
Capital Projects /Transportation Planner Friel presented the staff report recommending
approval of the Red Roof Inn Preliminary/Final Site Plan. It is located in the Hudson
Commercial Subdivision, and will be an 83 room hotel, three stories tall with 38,235 square feet.
There are three waivers requested.
The public hearing was opened. There being no comments from the audience, the public hearing
was closed.
There being no comments or further discussion by the Board,
Member Matthys, seconded by Member Christoefl, moved to recommend approval to the City
Commission of the Preliminary/Final Site Plan for Red Roof Inn ( #LS -99 -011), including all
waivers specified thereon, in accordance with the Plan date stamped received by the City on
January 14, 2000. Motion carried 7 -0.
ITEM D: WOOD: PUBLIC HEARING
fir,,, a) ANNEXATION- CASE NO. AR- 99 -11 -02
b) SMALL SCALE COMPREHENSIVE PLAN AMENDMENT - CASE No. SSCPA -99 -003
C) REZONING - CASE NO. AR- 99 -11 -02
Senior Planner McGinnis presented the combined staff report recommending approval of the
Wood Annexation, Small Scale Comprehensive Plan Amendment and Rezoning. The subject
property is 1.02± acre site west of Ocoee - Apopka Road approximately 1,000 feet north of Palm
Drive. There is an inconsistency between the Future Land Use Map and the JPA Map which will
be resolved by the Small Scale Comprehensive Plan Amendment. A rezoning to Ocoee C -3 is
being requested. The annexation is consistent with the JPA Amendment, state annexation criteria
and the standards established by the City.
The public hearing was opened, and there being no comments from the audience, the public
hearing was closed.
There being no comments or further discussion by the Board,
Member McKey, seconded by Vice - Chairman Bond, moved to recommend approval to the
City Commission of the Wood Annexation ( #AR- 99- 11 -02), as recommended by the staff.
Motion carried 7 -0.
Chairman Switzer, seconded by Vice - Chairman Bond, moved as acting Local Planning
Agency, to recommend approval to the City Commission of the Wood Small Scale
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Planning and Zoning Commission Regular Meeting
January 26, 2000
Comprehensive Plan Amendment ( #SSCPA -99 -003) to change the Future Land Use map from
High Density Residential to Commercial, subject to City Commission approval of the Annexation
and the Annexation Agreement. Motion carried 7 -0.
Member McKey, seconded by Member McNeil, moved to recommend approval to the City
Commission of the Wood Rezoning (# AR- 99- 11 -02), from Orange County A -2, Ranch and
Farmland Rural District, to Ocoee C -3, General Commercial District, subject to City
Commission approval of the Annexation and the Small Scale Comprehensive Plan Amendment
becoming effective. Motion carried 7 -0.
ITEM E: GLENFINNAN # LS -99 -010
PRELIMINARY SUBDIVISION PLAN PUBLIC HEARING
Principal Planner Lewis presented the staff report recommending approval of the Preliminary
Subdivision Plan of Glenfinnan. The subject property will include 76 single family residential
lots, located at the southeast corner of Clarke Road and Clarcona -Ocoee Road. The minimum lot
size is 9,000 square feet and the minimum home size is 1,400 square feet. The will be one
waiver concerning sidewalk size and a land swap regarding a retention pond, which will require a
Development Agreement.
The public hearing was opened. Joan Ali, 2525 Sweet Oak Street, asked the approximate price
of the homes in the development. Kyle Sanders, of Cambridge Homes responded that the prices
would be approximately $150,000 to $200,000.
Martha Lopez - Anderson, 2438 Alclobe Circle, asked about the benefits of homeowners'
maintenance of ponds. Planning Director Wagner stated that the benefits would include an
additional right of way for road widening and better appearance and function of the ponds.
There being no further comments from the audience, the public hearing was closed.
A brief discussion ensued concerning the retention pond, maintenance of ponds and topography
issues.
There being no comments or further discussion by the Board,
Member Matthys, seconded by Member McNeil, moved to recommend approval to the City
Commission of the Preliminary Subdivision Plan for the Glenfinnan Subdision ( #LS- 99 -010),
including the proposed waiver, as date stamped by the City on January 19, 2000, subject to City
Commission approval of the Development Agreement. Motion carried 7 -0.
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Planning and Zoning Commission Regular Meeting
January 26, 2000
ITEM F: SCOTT: PUBLIC HEARING
a) ANNEXATION- CASE No. AR- 99 -11 -03
b) REZONING - CASE No. AR- 99 -11 -03
Senior Planner McGinnis presented the combined staff report recommending approval of the
Scott Annexation and Rezoning. The subject property is located south of Ocoee - Clarcona Road
approximately 1,500 feet east of Clarke Road, and is approximately 30 acres. The annexation is
consistent with the JPA Amendment, state annexation criteria and the standards established by the
City. She pointed out that the Staff recommends an R -1AA classification instead of R -1A as
requested by the petitioner.
The public hearing was opened, and Lynn Walker Wright, attorney for the Scotts, spoke in
favor of the annexation. She stated that the property owners petitioned for the annexation to
obtain Ocoee Fire and Police service. She stated that the property owners have no plans at this
time to develop the property, and requested Ocoee R -1A zoning.
There being no further comments from the audience, the public hearing was closed.
There being no comments or further discussion by the Board,
Vice - Chairman Bond, seconded by Member McKey, moved to recommend approval to the
City Commission of the Scott Annexation ( #AR- 99- 11 -03), as recommended by the staff. Motion
carried 7 -0.
Member McKey, seconded by Vice - Chairman Bond, moved to recommend approval to the
City Commission of the Scott Rezoning ( #AR- 99- 11 -03), from Orange County A -1, Citrus Rural
District, to Ocoee R -1AA, Single Family Dwelling District, subject to City Commission approval
of the Annexation of the Property. Motion carried 7 -0.
ITEM G: WELLINGTON PLACE: PUBLIC HEARING
a) ANNEXATION- CASE NO. AR- 99 -11 -01
b) REZONING- CASE NO. AR- 99 -11 -01
Senior Planner McGinnis presented the combined staff report recommending approval of the
Wellington Place Annexation and Rezoning. The subject property is located south of A.D. Mims
Road and east of Johio Shores Road, and is approximately 13.89 acres. The annexation is
consistent with the JPA Amendment, state annexation criteria and the standards established by the
City. She pointed out that the Staff recommends an R -1AA classification instead of R -1A as
requested by the 'tow' 7
Planning and Zoning Commission Regular Meeting
Nio ape January 26, 2000
The public hearing was opened, and there being no comments from the audience, the public
hearing was closed.
There being no comments or further discussion by the Board,
Chairman Switzer, seconded by Vice - Chairman Bond, moved to recommend approval to the
City Commission of the Wellington Place Annexation ( #AR- 99- 11 -01), as recommended by the
staff. Motion carried 7 -0.
Member Christoefl, seconded by Member McKey, moved to recommend approval to the City
Commission of the Wellington Place Rezoning ( #AR- 99- 11 -01), from Orange County A -1,
Citrus Rural District, to Ocoee R -1AA, Single Family Dwelling District, subject to City
Commission approval of the Annexation. Motion carried 7 -0.
ITEM H: HEIDRICH RANCH #RZ- 99 -09 -01
REZONING PUBLIC HEARING
Senior Planner McGinnis presented the staff report recommending approval of the Heidrich
Ranch Rezoning to R -1AAA instead of R -1AA as requested by the petitioner. The subject
property is located south of Ingram Road and northwest of Ocoee - Clarcona Road. The proposed
R -1AAA zoning is consistent with Ocoee's Comprehensive Plan, Future Land Use Map, Land
Development Code and JPA Agreement.
The public hearing was opened, and there being no comments from the audience, the public
hearing was closed.
There being no comments or further discussion by the Board,
Vice - Chairman Bond, seconded by Member Christoefl moved to recommend approval to the
City Commission of the Heidrich Ranch Rezoning ( #RZ- 99- 09 -01), from Orange County A -1,
Citrus Rural District to Ocoee R1 -AAA, Single Family Dwelling District, as recommended by
the staff. Motion carried 7 -0.
IV. OLD BUSINESS
None
8
Planning and Zoning Commission Regular Meeting
January 26, 2000
V. OTHER BUSINESS
Elections for 2000 were raised.
Chairman Switzer, seconded by Member Matthys, nominated Vice - Chairman Bond to serve
as Chairman for 2000. Motion carried 7 - 0.
Chairman Bond, seconded by Member Miller, nominated Member Switzer to serve as Vice -
Chairman for 2000. Motion carried 7 - 0.
VI. COMMENTS
Member McKey stated that he attended the Leadership Program with the West Orange Chamber
of Commerce last year and that it was worthwhile.
Chairman Bond asked if anyone on the Board would like to attend this year.
Members McNeil and Matthys stated that they would like to attend.
Member Matthys stated that he liked the arial photographs and that they were helpful in
reviewing subject properties and he appreciated that staff included them.
Member McKey stated that he was concerned about how the developers cleared the entire site
where the new school is going in and wanted to know if the Board could do anything about it.
ADJOURNMENT
The meeting was adjourned at 11:03 p.m.
1
Marisa Dawson, Administrative Secretary Pat Bond, Chairman
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PLANNING & ZONING MEETING OF 1 -26 -00
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JAMES H. MCNEIL, JR.
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February 1, 2000 Internet Address:
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Via Fax and U.S. Mail
Ms. Marian Green, City Clerk
City of Ocoee
150 N. Lake Shore Drive
Ocoee, FL 34761 -2258
Dear Ms. Green:
Enclosed please find a fully executed Form B "Memorandum of Voting
Conflict" related to the January 26, 2000 Planning & Zoning Commission
Meeting. Please incorporate this form in the minutes for the meeting and make
sure that the form is read publicly at the next meeting, as required under
Florida law.
Very truly yours,
By:
' es H. McNeil, Jr.
cc: Martha Formella, Esquire (Assistant City Attorney)
JHM /jm
Enclosure
ORL1 #535971 vl
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
E -FIRST NAME - MIDDLE NAME NAM OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COM 1rrrEE
Merl 3-et/tics t� / P l/ a acy �INiadd f
MAILING ADDRESS THE BOARD, C C IL. COMMISSIO4UTHORITY OR COMMITTEE ON
. 1 166 A66e rar COUNTY (i. Y I SERVE IS A 0 UNIT OF:
CITY COUNTY 0 OTHER wAL AGENCY • •
�
DATE 'Y WH VOTE OCCURRED FlOn4 3 " �^ NAME � Q .
T 'r'_ MY POSI IS:
AM A4 24 Zoce) O ELECTIVE Gi APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board.
council, commission, authority, or committee. It applies 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, ppo ry, municipal, or other local public office MUST ABSTAIN from voting on a measure
' n inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting
Iliac measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
6ncluding 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 pro -
hibited 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).
• « t f
ELEC; rr:3) OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
You must abstain from voting and discloee the conflict in the situations described above and in the manner described for elected offi-
cers. In order to participate in these matters, 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
V" WILL BE TAKEN:
• u 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.
• 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.
CE FORM 88 - REV. 1/95 PAGE 1
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 rson responsible
minutes of the meeting, who must incorporate the form in the minutes. A copy of the person
must be po ded immediately to the
l other members ,)f the agency, and the form must be read publicly at the next meeting after the form is filed.
,,/ DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, MPS ' 7yf / 4 i / 3 '. , hereby disclose that on ! Oaf)/ Z )
(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,
inured to the special gain or loss of my relative,
_34" inured to the special gain or loss of Ear/ W' Crl f f e,idel awl AA/WA E Z�o� cJ , b y
whom- aataiaadt or
inured to the sped gain or loss o
parent o , which
is the
par 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:
aditi6
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f - %'' /44 /999 2- e 2 p 'ii
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Date Filed r ature .c.�1 ..
ICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO-
E CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - REV. 1/95
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