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12 January 29, 2015 A special meeting of the Pensacola City Council was held on January 29, 2015 commencing at 5:30 P.M., with City Council President Andy Terhaar and Special Magistrate Lou Ray presiding. Council Members present were Charles Bare, Larry B. Johnson, Sherri Myers, Brian Spencer, Gerald Wingate, and P. C. Wu. Council Member Jewel Cannada-Wynn was absent. COUNCIL PRESIDENT TERHAAR: Called the meeting to order. He called on Council Member Wingate to give the invocation and Council Member Bare to lead in the Pledge of Allegiance. (Invocation was given and Pledge of Allegiance was recited.) COUNCIL PRESIDENT TERHAAR: Indicated the purpose of this special meeting is for Council to conduct two (2) quasi-judicial hearings. He explained by reading into the record a summary of how this process differs from Council's legislative process. He then introduced Special Magistrate Lou Ray who will assist Council with this evening's proceedings. SPECIAL MAGISTRATE RAY: Referenced the first quasi-judicial hearing: 1. QUASI-JUDICIAL HEARING: FINAL SUBDIVISION PLAT EL CAMINO REAL Recommendation: That City Council conduct a quasi-judicial hearing on January 29th, 2015 at 5:30 P.M. to consider approval of the final subdivision plat for El Camino Real. SPECIAL MAGISTRATE RAY: Before moving forward, asked Council Members to disclose any ex parte communications regarding this matter. COUNCIL PRESIDENT TERHAAR: Stated the applicant contacted and asked him about the scheduled date for this hearing. That concluded disclosure of ex parte communications. SPECIAL MAGISTRATE RAY: Called on City staff for presentation of material (evidence) and Planning Board recommendation. 1

13 January 29, 2015 Item 1 (continued): PLANNING SERVICES ADMINISTRATOR MORRIS: As outlined in the memorandum dated January 29, 2015, she explained the issue is the final subdivision plat for El Camino Real. The proposed subdivision is located on the south/east side of Spanish Trail Road and just north of East Hill Baptist Church. As proposed, the subdivision would contain twelve (12) lots that meet the minimum requirements for the R-2 Zoning District (which would not require a variance to meet) in which the property is located, and noted although this particular zoning district does not have a minimum lot size requirement, the required setbacks are shown on the plat. She indicated the Planning Board unanimously recommended approval of the request. Planning Services Administrator Morris responded accordingly to questions from Council Members Wingate, Myers, and Bare related to the lot sizes, tree surveying, and location (of the proposed subdivision). SPECIAL MAGISTRATE RAY: Called for cross examination of staff. GARY SANSING: Addressed Council as a concerned citizen and made comments. COUNCIL MEMBER JOHNSON: Called for a point of order. SPECIAL MAGISTRATE RAY: Instructed Mr. Sansing that his comments should be directed toward staffs testimony. MR. SANSING: Indicated he had nothing further. SPECIAL MAGISTRATE RAY: There being no opposition or contest expressed, closed the hearing. COUNCIL PRESIDENT TERHAAR: Indicated he will entertain a motion. COUNCIL MEMBER WINGATE: Moved to accept the recommendation of the Planning Board (which unanimously approved the request). COUNCIL MEMBER BARE: Seconded. COUNCIL PRESIDENT TERHAAR: There being no discussion, called for the vote. (Voting takes place indicating the motion passed unanimously.) That concluded the first quasi-judicial hearing. 2

14 January 29, 2015 SPECIAL MAGISTRATE RAY: Referenced the second quasi-judicial hearing: 2. QUASI-JUDICIAL HEARING: FINAL SUBDIVISION PLAT UNIVERSITY HEIGHTS Recommendation: That City Council conduct a quasi-judicial hearing on January 29th, 2015 at 5:30 P.M. to consider approval of the final subdivision plat for University Heights. SPECIAL MAGISTRATE RAY: Before moving forward, called on Council Member Myers to disclose her intention to abstain from voting on this issue. COUNCIL MEMBER MYERS: Stated she will recuse herself from voting on this issue due to extensive ex parte communications with residents of the community. She further indicated that legal counsel has advised that she may speak to the issue if there is a waiver of Council's Rules. COUNCIL LIAISON WELLS: Clarified Section 4.03 of City Council's Rules and Procedures, which (in-part) states Council Members disclosing a conflict shall not participate in the discussion of the conflicted item. SPECIAL MAGISTRATE RAY: Indicated he will entertain a motion to waive Council's Rules. No Council Member made such motion. SPECIAL MAGISTRATE RAY: Then asked Council Members to disclose any ex parte communications regarding this matter. COUNCIL LIAISON WELLS: Advised of an communication (dated 11/3/14 and attached to the background materials on file) sent to City Council Members from Kerry Anne Schultz of Fountain, Schultz & Associates, P.I., who represents the applicant. He indicated he promptly contacted Ms. Schultz in response to the communication and explained why it is not proper for her and Council Members to communicate outside the (structured) quasi-judicial hearing. Further, he advised Council of the improper (while inadvertent) communication in an (dated 11/4/14 and attached to the background materials on file). COUNCIL MEMBER BARE: Indicated he did receive and read Ms. Schultz' 11/3/14 and immediately alerted Council Liaison Wells (who addressed the issue as indicated above). plat. COUNCIL MEMBER JOHNSON: Indicated he has (previously) seen a copy of the 3

15 January 29, 2015 Item 2 (continued): COUNCIL MEMBER SPENCER: Indicated he did receive the from Ms. Shultz, but did not read it. That concluded disclosure of ex parte communications. SPECIAL MAGISTRATE RAY: Called on City staff for presentation of material (evidence) and Planning Board recommendation. PLANNING SERVICES ADMINISTRATOR MORRIS: As outlined in the memorandum dated January 29, 2015, she explained the issue is the final subdivision plat for University Heights, specifically to re-plat a portion of lots 82, 83, 84, and 85 of the First Addition to Oakhurst Subdivision. The proposed subdivision is located on the east side of Schwab Drive, south of 1-10, and north of Fairchild Drive. The proposed plat shows 18 lots being created from the 6.91 acres proposed to be divided. The largest lot is shown at 0.57 acres and the smallest at 0.25 acres. All lots meet the minimum size requirements of the R- 1AAA Zoning District (which would not require variance to meet) in which the property is located. She indicated the Planning Board unanimously recommended approval of the request. Planning Services Administrator Morris responded accordingly to questions from Council Members Johnson and Spencer related to the lot widths/sizes and tree surveying. SPECIAL MAGISTRATE RAY: Then called on the applicant to make a presentation (of evidence) in support of their request. KERRY ANNE SCHULTZ: Identified herself as the attorney-representative for the applicant. She indicated she agreed with the testimony provided by staff and reiterated the subject plat meets all Land Development Code requirements without seeking a variance. SPECIAL MAGISTRATE RAY: Called for cross examination of staff and/or the applicant's representative. JOSUE VELEZ: Identified himself as a resident of the (subject) area and made comments disputing the survey of the proposed subdivision, saying "it's not right". He indicated the engineers have been on site in the last few weeks conducting additional surveying. He expressed concerns with possible flooding issues due to stormwater retention plans, and further cited code enforcement issues with debris on the property. He urged Council to stop this (development) from going forward without addressing the problems he described. PLANNING SERVICES ADMINISTRATOR MORRIS: Responding to Mr. Velez' comments, indicated that any additional surveying conducted by the engineers did not result in any changes to the proposed plat. 4

16 January 29, 2015 Item 2 (continued): MS. SCHULTZ: Cross examined Mr. Velez asking if he is a licensed surveyor or licensed engineer. MR. VELEZ: Answered "no" to both questions. MS. SCHULTZ: Then asked Mr. Velez if he has a witness present who can support his objection related to the issue of the survey. MR. VELEZ: Responded indicating he saw the engineers working on site through the New Year and when he talked with them they explained they were resurveying the property. He further stated he does not know to what extent (if any) changes were made to the survey. MS. SCHULTZ: Further asked Mr. Velez if he has a survey expert present to testify to any deficiencies or issues with the survey presented here tonight. MR. VELEZ: No. MS. SCHULTZ: No further questions. SPECIAL MAGISTRATE RAY: There being no further statements or calling of witnesses from staff or the applicant's representative, closed the hearing. COUNCIL PRESIDENT TERHAAR: Indicated he will entertain a motion. COUNCIL MEMBER SPENCER: Moved to grant the application as submitted. COUNCIL MEMBER JOHNSON: Seconded. COUNCIL MEMBER WU: Made follow-up remarks. Planning Services Administrator Morris responded accordingly to questions of Council Members Johnson and Wingate regarding the plat meeting all LDC requirements and the current zoning of the property which has been in place for many years. vote. abstaining.) COUNCIL PRESIDENT TERHAAR: Upon conclusion of discussion, called for the (Voting takes place indicating the motion passed 6-0. Council Member Myers That concluded the second (final) quasi-judicial hearing. 5

17 January 29, 2015 the meeting. COUNCIL PRESEIDENT TERHAAR: There being no further business, adjourned WHEREUPON the meeting was adjourned at 6:14 P.M. *********************** ***** ****************************** Adopted: February Approved: ndy Terhaar, President of City Council \Attest L.,Burriett, City Clerk 6

18 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS i E FIRST NAME MIDDLE N e NAME OF BOARD, COUNCIL, COMMISSI N, AUTHORITY, - CO0 EE AILING DRESS.5_,.. arisi '-' A / CI T. DATE ON WHICH VOTE OCCURRED / ) ,?.,_5 _.e me a..- A.0,...- THE :CARD, COUNCIL, COMMISSION, AUTHORITY Or COMMITTEE ON WHICH I E IS A UNIT OF: 0 COUNTY.. 0 OTHER LOCAL AGEN Y NAME OF PpLI AL SUBDIVI N: / (Wi r M POSITIO S LECTIVE 0 APPOINTIVE A 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 to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section , 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 and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION , FLORIDA STATUTES. A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a 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 of a 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 (CRAs) under Sec or , 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 minutes 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 are not prohibited by Section from otherwise participating 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 page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule (1)(f), F.A.C.

19 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 agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST err,/, hereby disclose that on )1, 20 Lt : (a)a measure 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 or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling 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:, by, which Sr r ce,; d2/ ev/l YW:0/ If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES , 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. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule (1)(f), F.A.C.

20 PUBLIC INPUT ON CITY COUNCIL AGENDA ITEM A member of the public may address any action or discussion item on Council's agenda by delivering this completed card to the City Clerk prior to the item being taken up. All comments shall be directed to the President and no comments or actions should be of a personal nature or disruptive nature. I understand that my comments are limited to no more than three (3) minutes and my time may not be given to another. Subject: \.)\ % -Q7c-- A/ L.-*%-k \X ci\v'k ts Item # Name U-1 c"\-- Date: 01 Address: 'm yk Phone: 4 41 LI 74

21 PUBLIC INPUT ON CITY COUNCIL AGENDA ITEM A member of the public may address any action or discussion item on Council's agenda by delivering this completed card to the City Clerk prior to the item being taken up. All comments shall be directed to the President and no comments or actions should be of a personal nature or disruptive nature. I understand that my comments are limited to no more than three (3) minutes and my time may not be given to another. - Subject: C--a rr);() 0 g-,ca Item # Name: Address:

22 . Address: rii 9 7/(&e---,`"-- Phone: 10"-67 (I)?1(Z?,- "Z--3o?r" -7 PUBLIC INPUT ON CITY COUNCIL AGENDA ITEM A member of the public may address any action or discussion item on Council's agenda by delivering this completed card to the City Clerk prior to the item being taken up. All comments shall be directed to the President and no comments or actions should be of a personal nature or disruptive nature. I understand that my comments are limited to no more than three (3) minutes and my time may not be given to another: Subject: 614 VC/L. Item # Name: Date: /