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HomeMy WebLinkAbout01-15-2019 Minutes MINUTES REGULAR CITY COMMISSION MEETING JANUARY 15,2019 5:30 PM Presentations - Christmas Parade Trophies Presentation (Ocoee Lions Club) Youth 1St- Ocoee High School Marching Knights Band and Auxiliaries 2"d - Ocoee Bulldogs 3rd - Boy Scout Troop 922 and Cub Scout Pack 922 Honorable Mention: Unity and Diversity Dancers Commercial 1"- Florida Hospital Apopka and Winter Garden 2"d -West Orange Chamber of Commerce 3rd -All-In-One Entertainment Honorable Mention: Brookdale Ocoee Non-Commercial 1St-Rum Runners Jeep Club 2"d -American Legion Post 109 3rd - Florida Celebrity Educator of the Year Church: Knights of Columbus Resurrection Catholic Church Overall: IGNITE Martial Arts 6:15 PM REGULAR CITY COMMISSION MEETING CALL TO ORDER- 6:16 PM Mayor Johnson called the regular session to order at 6:16 PM in the Commission Chambers of City Hall. The invocation was led by William Maxwell followed by the Pledge of Allegiance to the Flag led by Boy Scout Arrow of Light Pack 217 and Troop 922. City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Oliver Also Present: Assistant City Manager Shadrix, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:18 PM Proclamation—Crossing Guard Appreciation Day—February 1, 2019, proclaimed and read by Mayor Johnson. Proclamation accepted by Police Chief Brown. Regular City Commission January 15,2019 COMMENTS FROM CITIZENS/PUBLIC - 6:21 PM Vernon Reid, Ocoee Business Owner of Cocolando Creamery & Café, introduced himself and announced the opening of Cocolando Creamery & Café. They specialize in Creamy Crunchy Homemade Ice Cream, but also offer other café items such as coffee and sandwiches. The café is located in the Publix Shopping Center at 381 North Clark Road. He shared they plan to partner with local schools to help with fundraising. Joseph McMullen introduced himself and Bernie Hendricks Jr. and provided a brief summary of their background as well as the mission of the HAPCO Music Foundation. He noted that for the past eight years HAPCO has held a Jazz Festival and Summer Jazz Camp at Ocoee High School. This year the 2019 HAPCO Festival will be on February 2nd from 8 AM - 4 PM, with a follow-up concert at 6 PM. He encouraged all to attend, noting it is a wonderful event showcasing our local youth's talent, as well a special appearance by the University of South Florida Jazztet. Mayor Johnson emphasized how outstandingly talented the children truly are. He encouraged everyone to come out and support this event. He then asked for the Commissions consent to give the Ocoee High School Band money from contingency. Commissioner Wilsen suggested $500. Motion: Move to donate $500 from the Contingency Fund to the 2019 HAPCO Jazz Fest. Moved by Commissioner Wilsen, second by Commissioner Oliver; Motion carried unanimously. Mr. Hendricks thanked the Commission for their generous support, and shared that the previous donation, provided by the Commission, assisted the Ocoee Marching Knights in participating in the 2018 Thanksgiving Day parade in Chicago. Eli Salhab, 2524 Dovetail Drive, founder of 4 the Kids Entertainment, LLC gave a brief personal background and shared his involvement within the community alongside of the Police and Fire Department. He noted that it was recently brought to his attention that the City has three bounce houses that will soon be auctioned; he graciously requested the Commission to donate or allow him to be the first to bid. Park and Recreation Director Johnson explained the three bounce houses in question are in great condition; but due to safety concerns, risk management advised him to surplus them. Commissioner Grogan suggested that the City donate them with an agreement that Mr. Salhab would set them up at events the City previously used them for. Motion: Move not to surplus three bounce houses in the Parks and Recreation Department and instead donate them to 4 the Kids Entertainment, LLC; in addition, 4 the Kids Entertainment, LLC will work with the City to provide bounce houses at City Events. Moved by Commissioner Grogan, second by Commissioner Oliver; Motion carried unanimously. R.P. Mohnacky, 1820 Prairie Lake Boulevard, shared multiple street lights along Silver Star Road and Clarke Road are out. Public Works Director Steve Krug explained Duke Energy maintains the streetlights in questions. He shared that Duke offers an online system to report 2IPage Regular City Commission January 15,2019 outages, and assured Mr. Mohnacky that the City would work directly with Duke to resolve the problem and get the lights working again. Commission Oliver shared every light pole has an identification number on the pole. If a resident should come across a pole where the light is not working, they can call Duke directly, report the pole number and typically within 3 days the outage will be corrected. Denise Lewis, 37 North Orange Avenue, Orlando, founder and CEO of JV's Foundation, introduced herself, her foundation, and shared an upcoming event Mayors Against Human Trafficking. The benefit conference is scheduled for January 30-31st with a Mayor's Dinner on January 31st. Ms. Lewis offered a table sponsorship for $500, which would allow Ocoee to be represented in the support to fight against human trafficking. Commissioner Oliver commented he has spoken to Ms. Lewis at great lengths and after researching this epidemic he believes this is a worthy cause to support. Motion: Move to spend $500 from the Contingency Fund to purchase a table for the Mayors Against Human Traffickinq Benefit Dinner. Moved by Commission Oliver, second by Commissioner Grogan; After a brief discussion, motion carried unanimously. Landra Roberson, representative for the new Orange County Tax Collector's Office at the West Oaks Mall, announced this new location will combine the Winter Garden and West Colonial Drive offices. She boasted this new location will be the largest tax collector's office in the state with 67 booths. She shared that tomorrow, January 16th, will be a soft opening. The grand opening is to be held at a date not yet determined. She warned that currently it is difficult to see the door, but promised signs are on the way. They are located near Dillard's. She encouraged citizens to please continue using the online and call ahead system, praising its success in reducing wait times. Suzi Katz, 9113 Mr. Lincoln Court, Orlando, introduced her herself and her daughter Maia Slowinski. She shared her daughter's many accomplishments, and expressed extreme pride in her most recent accomplishment as one of nine female Fencers from the United States chosen to compete in the European Maccabi Games, which are being held in Budapest, Hungary later this year. She inquired about a possible contribution to assist with travel expenses. The Commission unanimously praised both mom and daughter for such exceptional accomplishments, but felt offering City funds to an individual would not be appropriate. Mayor Johnson, Commissioner Grogan and Commissioner Oliver offered to make personal contributions, and help raise funds by sharing her story. Scott Kennedy, 3430 Jamber Drive, stated that he has lived in Ocoee for 15+ years. He is the HOA president for Forest Brooke subdivision, and over the past three years he has received multiple complaints from those within the community about the lack of Police willingness to assist. He noted this is common complaint even outside his community, as he has read many comments on social media about the same concern. Recently a close friend experienced issues which made him feel it was time to address this growing concern. He came tonight seeking the Commission's advice on how to move forward. Mayor Johnson asked Police Chief Brown and 3IPage Regular City Commission January 15,2019 Commissioner Grogan to meet with Mr. Kennedy and schedule an HOA Meeting to discuss the residents' concerns. STAFF REPORTS AND AGENDA REVIEW- None COMMISSIONERS ANNOUNCEMENTS - 7:10 PM Commissioner Oliver—None Commissioner Firstner—Asked, given the country is in the middle of a government shutdown, if it would be possible to determine if there are any Federal employees within the City. If so, could anything be done such as deferring their utility bills or not charging late fees/penalties, until they get back to work? Consensus of the City Commission was to have the City staff look into this and report back. Commissioner Wilsen — Announced this year's annual Spring Fling will be held on Saturday, March 9th from 10 AM - 3 PM at Bill Breeze Park. It is a great learning event sponsored by the City with many wonderful free activities and door prizes. A rain barrel workshop and free plant will be offered to residents with proof of residency. She also encouraged local business to reserve a table, but reminded interested vendors this event is for informational purposes only and no fees can be collected during Spring Fling. Commissioner Grogan — Addressed the recent comments made on social media regarding the City's recycling program by asking Public Works Director Krug to explain the City's current recycling program. Public Works Director Krug started by sharing that the City has a contract with Waste Management to take recyclables. However, one of the biggest misconceptions is what affects the program. He further explained China is the world's largest consumer and they recently placed large restrictions on what they will accept. They refuse to take anything with a 0.5% or higher contamination rate. Unfortunately, many municipalities including Ocoee are having trouble meeting this regulation. Currently, the City of Ocoee is at roughly a 50% contamination rate. It only takes one bin to contaminate an entire truck load. Once a load is found to be contaminated it cannot be recycled. It is imperative for residents to educate themselves on how and what can be recycled. Information is found on the carts, his department has handed out flyers, and information can be located on the City's website. Commissioner Grogan added this program only works if everyone does their part. He urged residents to only place approved items in the blue bins. If anyone should need an extra green bin for garbage, he directed them to contact Public Works. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if plastic bags are allowed. It was answered, no. Public Works Director Krug clarified plastic bags are one of the biggest problems recycling faces, as they jam and break the sorting machines. Mayor Johnson inquired if the City originally made money recycling. Public Works Director Krug answered the City has never made money recycling, however initially the City was not charged tipping fees. 41 Page Regular City Commission January 15,2019 Glenn Hasbrouck, 410 East Orlando Avenue, asked what percentage of the City recycled material is being accepted. Public Works Director Krug responded as of this year the City has not had a clean load that could be taken to the recycling transfer station. He advised they are talking to other cities dealing with the same issue to figure out a solution. Mr. Hasbrouck inquired how the City can move forward. Mayor Johnson suggested a workshop for the community. Jen Bark, 2032 Hedgerow Circle, asked if the McCormick location would be a drop-off for residents to take their personal recyclables. Public Works Director Krug replied that the McCormick location is not available to the general public. He explained that he is unaware of what transfer stations accept from individuals; however, he can verify if the Porter Transfer Station on White Road is an option as Mr. Hasbrouck stated it was. Bryan Ingram, 1017 Red Dandy Drive, commented the public needs to be aware of the cost associated with this program. He believes if they can see how it is affecting their individual wallets, then maybe the public would be more inclined to put forth more effort in following the rules. Mr. Hasbrouck suggested the City look at what other states are doing. He acknowledged Ocoee is not alone on this national issue, but hopes an answer is found. Mayor Johnson — 1) Announced each year Cities are asked to appoint a representative onto the MetroPlan Orlando's Municipal Advisory Committee (MAC). Commissioner Firstner is currently designated to represent the City on this committee, and if he would like to continue, a motion is needed for his reappointment. r' Motion: Move to appoint Commissioner Firstner as the City's Representative on the MetroPlan Orlando's Municipal Advisory Committee (MAC); Moved by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried unanimously. 2) Announced the MLK Parade is Monday, January 21st from 10 to 12 starting at Citrus Elementary School and ending at West Oaks Mall. The MLK Day Celebration will be held after the parade at 11 AM in the Food Court area inside the West Oaks Mall. The Keynote Speaker is Commissioner Oliver. 3) Announced State of the City - Citizens are invited to attend the City of Ocoee's State of the City Report on Tuesday, February 5th at 5:45 PM, here in City Hall. A video will highlight the City's accomplishments of the last year and what's planned for 2020. 4) Announced the HAPCO Spring Winter Jazz Concert with the University of South Florida Jazztet is Saturday, February 2nd at 7 PM at Ocoee High School. Tickets are $5 for students and $10 for adults. All proceeds are donated to the Ocoee High School Band Program. 5) Announced pursuant to Florida Elections Laws, Chapter 100, Section 100.021 and Ocoee Code of F Ordinances, Section 5-13, notice is hereby given by the City of Ocoee, Florida that an election will be held Tuesday, March 12, 2019, in the City of Ocoee for the purpose of electing the Mayor and two City Commissioners for four-year terms, one (1) Commissioner from District One and one (1) Commissioner from District Three. Candidates for these offices must Qualify by filing qualifying papers and fees with the City Clerk during regular office hours (8 AM to 5 PM) SIPage Regular City Commission January 15,2019 beginning at noon on January 17th and ending at noon, January 25th at the Ocoee City Hall, 150 North Lakeshore Drive. The fee for qualifying for the office of Mayor is $145.00 and for Commissioner is $90.00. CONSENT AGENDA - 7:35 PM Mayor Johnson called a short recess from 7:36pm to 7:44pm Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #9, #11, #13, and #14 with Items #10, #12, and #15 being pulled for discussion and separate consideration. Moved by Commissioner Firstner, seconded by Commissioner Grogan; Motion carried unanimously. 1. Approval of the Minutes for the Regular City Commission Meeting held December 4, 2018. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Elections Services Contract with the Orange County Supervisor of Elections and Allow them to Open and Run Unquestionable Vote-By-Mail Ballots for the March 2019 General Municipal Election Utilizing the Orange County Canvassing Board Criteria. (City Clerk Sibbitt) The Supervisor of Elections Office submitted a contract for the March 12, 2019, General Municipal Election. The 2019 Vote Processing Equipment and Elections Services Contract for Municipal Elections is attached for your consideration. City staff is requesting approval to allow the Supervisor of Elections to open and run all vote-by-mail ballots through the tabulator on Election Day (March 12th after 9:00 a.m.) that are not questionable. This will save the Canvassing Board a lot of time as that portion will be completed upon their arrival. The Canvassing Board will then only need to accept or reject any vote-by-mail ballots that have issues with them(no signature, signatures do not match,etc.)using the same criteria. Approved on Consent. Motion carried 5-0. 3. Approval to Execute All Documents Incident'to Accepting Deed of Right of Way on Fuller Cross Road from Chevron Land and Development Co. Pursuant to the 2008 Developer's Agreement for Eagle Creek of Ocoee. (City Planner Rumer) On October 21, 2008, the City of Ocoee and Chevron Land and Development Company ("Chevron") entered into a Development Agreement for Eagle Creek of Ocoee. Pursuant to Section 3 of the Development Agreement, Chevron must convey to the City portions of right of way on Ocoee-Apopka Road and Fullers Cross Road upon request of the City. On October 18, 2018, the City sent a letter to Chevron requesting conveyance of the right of way in accordance with the Development Agreement. Since that date Chevron has produced the required sketch and legal description of the property and other documents. At this time the City and Chevron are ready to move forward, execute all documents incident to the closing, and allow the City to accept the deed to the right of way. Approved on Consent. Motion carried 5-0. Wage Regular City Commission 1 January 15,2019 4. Approval to Proceed with a Professional Services Agreement to Provide Retail Consulting Services with Retail Strategies,LLC for Retail Marketing and Planning for the Economic Development and Master Planning Program. (City Planner Rumer) Retail Strategies has provided marketing and planning strategies to attract retail and restaurant users in the City for the past three years. Retail Strategies, LLC is a company that specializes in working inside the retail industry to leverage relationships and promotes efforts of the City. Retail Strategies has helped assisted the City with client meetings and first introductions at the ICSC Conferences in Las Vegas and Orlando. Retail Strategies also presented a session during the past National League of Cities/Small Cities Council meeting in Ocoee. The contract for services with Retail Strategies was approved for One Year(1)year with an option for a one (1) year renewal at the same rate. City Staff wishes to continue working with Retail Strategies to help implement the economic development projects that are coming online such as the Downtown, SR 429, Colony Plaza site, and City Center West Orange. Retail Strategies provides the City the direct link to the decision makers that will be called on as buildings begin to go up and more demand is created. Approved on Consent. Motion carried 5-0. i 5. Approval of the Preserve at Crown Point Phase 2B Plat and Traffic Enforcement Agreement. (Development Engineer Womack) The subject property is located on the former Coke Property the City purchased as part of the Crown Point PUD. The City, through an RFP process, selected Mattamy Homes as purchaser of the site with the intent to build 303 single-family homes. Mattamy Homes has closed on the purchase of Phase 2B and is in the site development process. This plat is being required in order to reflect the improvements constructed as part of The Preserve at Crown Point Phase 2B development. This plat includes easements for public utility improvements and the stormwater management system. The lot is identified as parcel number 01-22-27-0000- 00-015. The total subdivision is 102.86 acres in size with Phases 2A and 2B consisting of 57.93 acres and 44.93 acres. The Preserve at Crown Point (Crown Point PUD) subdivision will include a total of 303 single- family residential lots;Phase 2B makes up 153 of the single-family residential lots.Phase 2B of the Preserve at Crown Point subdivision has residential lot sizes of 45 feet by 124 feet, 55 feet by 124 feet and 75 feet by 124 feet. Mattamy Homes is developing the subdivision as a gated community. Therefore there is no need for an upgraded street light agreement as the developer and HOA will be responsible for 100% of the installation, monthly operating costs, any maintenance, and all future replacements for the street lights. Mattamy Homes has executed the City's Traffic Enforcement Agreement to allow for enforcement within the gated community. The Preserve at Crown Point Phase 2B is platting prior to receiving a Certificate of Completion;therefore,the developer is required to provide a Surety covering 115% of the cost of the proposed improvements as approved in the Ocoee Crown Point PUD Phase 2B plan. A Surety, provided as a Wells Faro Irrevocable Standby Letter of Credit in the amount of$1,292,034.27, has been provided to the City. The Surety will be returned to the developer once the developer enters into a Two-Year Maintenance, Materials, and Workmanship Agreement with the City for the completed public improvements. Approved on Consent. Motion carried 5-0. 6. _ Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with JTD Land at Ocoee Pines, LLC for Forest Lake Estates Phase 2. (Development Engineer Womack). The Forest Lake Estates Subdivision is located on the north side of Clarcona Ocoee Road, east of Adair Street and adjacent to the Forest Lake Golf Course. The property is identified as Parcel Number 05-22-28-2854-20- 000. The total area of the parcel amounts to approximately 28.954 acres. Construction of the Forest Lake Estates subdivision has been divided into two phases with 152 homes in the first phase and 126 in the second phase. The developer completed construction of the infrastructure improvements for the first phase of the subdivision in March of 2017. The developer has now completed the remainder of the subdivision improvements and has requested a Certificate of Completion. All identified punchlist repairs are currently being completed, and the developer will be ready to start the two-year warranty period for the public infrastructure improvements once the punchlist items are inspected and approved by City Staff. JTD Land at 7 ' Page Regular City Commission January 15,2019 Ocoee Pines, LLC has provided the City with a Letter of Credit in the amount of 10%of the constructed public improvements ($152,731.40 issued by Iberia Bank). The Maintenance, Materials, and Workmanship Agreement acts as the executable document between the developer and the City. The surety will be kept on file with the signed Maintenance, Materials, and Workmanship Escrow Agreement, which will ensure that funds will be available should they be needed during the two-year warranty period.The Surety will be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over that two-year period. Approved on Consent. Motion carried 5-0. 7. Approval of the Sale and Disposition of the Soda Dispensing Machine Located in City Hall. (Finance Director Roberts) The City possesses a soda machine located on the second floor of City Hall from which the City sells soft drinks to City employees. The machine is currently serviced and replenished by Finance staff. Proceeds from the sale of soft drinks are used for further replenishment and servicing. While the machine is seen as a benefit to City Hall employees, servicing it takes valuable time away from the Finance staff performing their assigned duties and increases the risk of personal injury due to lifting and carrying heavy cases of soft drinks. Also on the second floor is a snack/soft drink machine, which belongs to and is serviced by Green Mountain Vending, LLC. Green Mountain has been reliably providing different types of soft drinks and snacks in their machine for several years. The Director of Finance inquired with Green Mountain if they would be willing to refill and service the City's machine. Green Mountain proposed purchasing the machine for $500 and taking over service and maintenance. Staff believes this to be a beneficial arrangement for the City as the machine has no value on the City's books. Approved on Consent. Motion carried 5-0. 8. Approval to Award Invitation to Bid #19-003 Ocoee Lakefront Park Phase 1 in the Amount of$2,724,956.00. (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee (City) and Florida Statutes, bids were solicited from qualified contractors to construct the Ocoee Lakefront Park Phase 1. Due to widespread cost increases since the construction budget was established, all bids received were substantially higher than the available funds. The low bid from MARBEK Construction Co. was $3,361,800.00. The highest of the six bids received was $4,980,628.52. Negotiations were initiated with the low bid firm, who was receptive to a reduction in scope due to over budget in order to proceed with the award process. It was ultimately decided that the best course of action was to delay the construction of the Restroom/Concession Building and other improvements on the lakeshore until Phase 3,when other lakefront improvements are scheduled.(This phase is not presently funded.) This deletion reduced the total cost by $636,844.00. The cost of the remaining eight project elements is$2,724,956.00. Approved on Consent. Motion carried 5-0. 9. Approval of Duke Energy Easement on City Property at 128 N. Bluford Avenue. (Public Works Director Krug) An integral part of the City Commission approved streetscape improvements in the Downtown Master Plan is the conversion of pole-mounted overhead utilities to underground facilities. The City has coordinated with Duke Energy to design the underground system with the required above-ground equipment strategically located on City properties where the installations will not interfere with the redevelopment improvements. The design includes a ground-mounted transformer at the location of the future sanitary lift station at 128 N. Bluford Avenue requiring an executed easement for the transformer.The City Attorney and Utility Department have reviewed and approved the easement. Approved on Consent. Motion carried 5-0. Wage Regular City Commission January 15,2019 10. Approval of Monitoring and Support for Lake Prima Vista 4E Nutrient Reduction Plan with Wood Environment & Infrastructure Solutions, Inc. (Public Works Director Krug) The City has been working with the Florida Department of Environmental Protection (FDEP) to determine why Lake Prima Vista has been experiencing elevated nutrient concentrations. The City contracted with Amec Foster Wheeler to determine the source of the impairment in order to be able to develop a Nutrient Reduction =" Plan (NRP). The next step is to develop the NRP in coordination with FDEP to clear up the lake. Public Works recommends continuing this work with Amec, which is now part of Wood Environment & Infrastructure Solutions, Inc. (Wood). Public Works, FDEP and Wood have jointly developed the scope of services for a proactive NRP referred to by FDEP as a"Category 4e Assessment." The 4e designation allows the City to implement restoration activities on the lake within a five year time frame before being placed on the Verified List of impaired waterbodies. The Wood team has local experience with similar issues, particularly with the Lake County Water Authority on the chain of lakes taking effluent from Lake Apopka. Public Works is requesting Commission approval to utilize Wood Environment & Infrastructure Solutions, Inc. (Wood) through Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services to provide monitoring and support for the Lake Prima Vista 4e Nutrient Reduction Plan. Public Works has been in contact with other municipalities to verify the pricing is in line with the scope of work. The $46,312.00 negotiated for these services fall within industry standards and is adequately funded in the Stormwater Division. This item was pulled for discussion. Public Works Director Krug gave a brief overview on the proposed request for approval of the monitoring and support for Lake Prima Vista 4E Nutrient Reduction Plan with Wood Environment & Infrastructure Solutions, Inc. He explained that several calls were received by City residents who indicated that the Lake Prima Vista water did not look good. The City further checked the water level and quality and it did test to be bordering on impairment. FDEP working with the City advised they would not consider the lake impaired as long as the City is working on a program to restore the lake. Public Works Director Krug further shared that looking back at the historical data, Lake Prima Vista has had a lot of nutrients loading into the lake in the past few years and is just in need of a clean-up. Staff recommends continuing this work with Amec, which is now part of Wood Environment & Infrastructure Solutions, Inc. (Wood). Public Works, FDEP and Wood have jointly developed the scope of services for a proactive NRP referred to by FDEP as a "Category 4e Assessment." The 4e designation allows the City to implement f, restoration activities on the lake within a five year time frame before being placed on the Verified List of impaired waterbodies. rs Commissioner Wilsen announced she sent out an email to residents in her district who live within that area advising them of this item and responses were received which has been provided before them. She further shared there is one response from a resident who was not in favor of approval of this item because they were concerned they would get penalized if their property was found to drain into the lake. Public Works Director Krug reassured that is not the intention of the City. He explained that the current properties bordering the lake were approved in the past; the City is only trying to come up with a program that will treat the lake without penalizing anyone. Glenn Hasbrouck, 410 E. Orlando Avenue Unit 20A, shared that he resides by Lake Prima Vista and is in favor of the City working with FDEP to help clear up the lake. 9IPage Regular City Commission January 15,2019 Bill Dassler, 404 E. Orlando Avenue, President of Sleepy Harbour Condominium Association, reiterated Commissioner Wilsen's comment sharing that the association does not support having a study conducted that would cost them a huge assessment if remediation is required by them. He further shared the association would like to meet with City staff and the contractor to understand what the plans are and how this effects them. They have not been included in any of those discussions and they occupy almost the entire west side of the lake. If they have the assurances from the City staff that they will not be penalized then they do not have any problems with the study. Michael Smarrito, Vice-Present of Sleepy Harbour Homeowner Associaiton, shared that he noticed in the staff report that the City contracted with Amec Foster Wheeler to determine the source of the impairment in order to be able to develop a Nutrient Reduction Plan (NRP). He further inquired if the City had a list of the sources for the high nutrients level. Public Works Director Krug answered in the affirmative and further shared a lot of the nutrients are agriculturally based which is what the City is seeking to address. Mr. Smarrito further shared information on the nutrient loads for Lake Prima Vista, which he obtained from Lake Watch and is accessible to everyone. i Ann Whittle, 715 E. Lakeshore Drive, shared she can recall when the lake was clear and you could see the sandy floor. In the past few years she has seen a major change to the lake and feels it looks awful. She further asked for clarification on agricultural nutrients that affect the lake. Brief discussion ensued with regards to the blueberry farm by the lake which does add some K; nutrients because of its close proximity to the lake. Public Works Director Krug shared the City is working with the blueberry farm and they are onboard to work with the City. He further shared staff is also working on a fertilizing ordinance which will come before the City Commission in the near future. Commissioner Wilsen commented it appears from the concerns they have heard this evening that everyone is in agreement to move forward with this project happening. Mayor Johnson confirmed residents in the area will not be charged to help remedy the issue. Public Works Director Krug clarified this project is being funded through the Stormwater Water budget. Bill Dassler, 404 E. Orlando Avenue, President of Sleepy Harbour Condominium Association, shared when their condominium was built it included an outfall that drains into the lake and he wants to confirm that if that is identified as a source of nutrient overload into the lake that the City will not take litigation action against their association. Public Works Director Krug advised the City has no intention of doing that. Motion: Move to approve Item #10 - Monitoring and Support for Lake Prima Vista 4E Nutrient Reduction Plan with Wood Environment & Infrastructure Solutions, Inc. Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried 5-0 10IPage } Regular City Commission January 15,2019 11. Approval of National Pollutant Discharge Elimination System Monitoring Plan with Wood Environment&Infrastructure Solutions,Inc. (Public Works Director Krug) The City has proactively met the annual stormwater monitoring and reporting requirements set forth in our National Pollutant Discharge Elimination System(NPDES)permit. The Florida Department of Environmental Protection (FDEP) has increased the monitoring requirements of the permit to identify potential high-loading areas that may benefit from future pollutant load reduction. This additional monitoring requires special collection equipment, laboratory testing along with analysis of data to be submitted to FDEP. Public Works is requesting Commission approval to utilize Wood Environment & Infrastructure Solutions, Inc. (Wood) through Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services to provide this specialized collection and testing. Public Works has been in contact with other municipalities to verify the pricing is in line with the scope of work. The $49,672.00 negotiated for these services fall within industry standards and is adequately funded in the Stormwater Division. Approved on Consent. Motion carried 5-0. 12. Approval of Engineering Design Services for Downtown Streets Redevelopment with CPH,Inc.,Taylor Street Right of Way. (Public Works Director Krug) The Engineering Design Services for the Commission approved Downtown Streets were awarded to CPH, Inc.,under RFQ#1705. Public Works and Utilities finalized the scope of services for subsequent Commission approval. One of the projects included in the scope is Taylor Street from McKey Street to Franklin Street with a roundabout at the two terminal intersections, each featuring a gateway structure. The original survey efforts for Taylor Street discovered there has never been an established public right of way for the street. The first phase of a design project is to determine the limits of the existing right of way; however, in this case the right of way must be established. This unforeseen step in the process is tedious and time consuming, but must take place for the project to move forward and for the City to have a definitive right of way for Taylor Street. Additionally, the City's coordination with the State's Silver Star Road improvements has extended the limits of the Taylor Street project and increased the design scope. Public Works has negotiated the scope of services for the Taylor Street right of way and added design services at$101,322.00,available in the streetscape budget as bonded in the general fund. The other tasks described in the proposal will be brought before the Commission for separate approval at a later date. This item was pulled for discussion. Commissioner Wilsen inquired if the right-of-ways that are mentioned for this item will affect the businesses that may have buildings on them and have been there for many years. Public Works Director Krug shared there has never been a legally defined right-of-way for Taylor t' Street and the City is just trying to determine from a legal standpoint where the right-of-ways are on Taylor Street. 1 Commissioner Wilsen further inquired if there will be trees relocated from Bluford Avenue to other areas within the project. Public Works Director Krug explained once the power poles are removed then staff will relocate trees. Assistant City Manager Shadrix provided clarification on the Bluford Avenue redesign project which is not what is being presented this evening. Motion: Move to approve Item #12 - Engineering Design Services for Downtown Streets Redevelopment with CPH, Inc., Taylor Street Right of Way. Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried 5-0 11IPage is k i Y Regular City Commission January 15,2019 13. Approval of 2018/2019 Budget Vehicle/Equipment Purchase. (Public Works Director Krug) The City traditionally purchases vehicles and equipment through various competitively bid annual contracts. Public Works has researched pricing and has found the Florida Sheriffs Association, Florida Department of Management Services and Sourcewell (formerly NJPA) continue to provide the lowest competitively bid pricing for vehicles and equipment utilizing competitively bid contracts. The following vehicles and equipment are incorporated in the approved budget for purchase: One (1) Elgin Eagle mechanical broom sweeper on Freightliner chassis$271,307.00 (Stormwater—New); One(1)Vactor 2100 Plus on Mack chassis$548,297.50 (Stormwater—Replacement); One(1)Ventrac 4500 Series slope mower$34,595.00(Stormwater—New);Five 1 (5) Scag Cheetah ZTR 61" Mowers $10,090.02 each/$50,150.10 total (Streets - Replacement). The Capital Outlay Workbook lists four(4)mowers and Public Works is including an additional mower for a spare as this i will not require additional budget. i t Approved on Consent. Motion carried 5-0. 14. Approval of Pre-Construction Phase Contract with Wharton-Smith for Design-Build e Services Related to the New Ocoee City Hall at a Cost of$724,599. (Support Services Director Butler) l The City Commission accepted the evaluation committee's recommended ranking of the three firms competing in Stage 2 of RFP#18-001, which placed Wharton-Smith as the top-ranked firm. Staff undertook negotiations with this company and recently completed that process with a design-build agreement and a price proposal for the pre-construction phase of work to design the new Ocoee City Hall. The pre-construction phase will include seven tasks costing $724,599.00. The City Commission will have two additional decision points before construction begins: (1) to review and approve/modify the conceptual design; and (2) to review and i approve/reject the proposed guaranteed maximum price (GMP) and construction schedule. The subject Agreement covers both the pre-construction and construction phases of the project. An Appendix A will be added to cover the construction phase, GMP, and completion schedule. The proposed pre-construction phase i work schedule spans 22 weeks. This time period may be extended to match City Commission meeting dates for identified reviews. i r, i Approved on Consent. Motion carried 5-0. 15. Approval of Resolution Establishing the Ocoee Youth Council (OYC). (Commissioner Oliver) I Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida, provides that the City of Ocoee has the power to create boards, commissions and committees to advise and assist the City in carrying out municipal functions. At the Regular City Commission Meeting held on December 4, 2018, consensus of the City Commission was to move forward with a resolution establishing the Ocoee Youth Council(OYC)as requested by Commissioner Oliver. The purpose of this Resolution is to create the OYC and establish the composition of 1 the OYC. The City Commission shall,by separate Resolution,establish meeting times and dates for the OYC, outline the specific purpose and matters to be discussed by the OYC, and to establish deliverables that the OYC may provide to the City Commission. It This item was pulled for discussion. Commissioner Wilsen shared her concerns with creating a youth council which will have to abide by the sunshine law. City Attorney Cookson acknowledged her concern and shared theyli were not able to find anything in the statutes that prohibits youth serving on a board, but they would be subject to public record and sunshine laws as well as subject to the penalties that come with the violations. He further explained the resolution before them this evening establishes the youth council, but does not outline their objectives which will come before the City Commission as a subsequent resolution. Commissioner Oliver explained he has researched and found other 1 12jPage r t 1' 1 Regular City Commission January 15,2019 cities throughout the state of Florida who have a youth program similar to the one he is proposing, and modeled this resolution according to those already in place. He briefly outlined the program explaining those selected to be on the youth council would have the opportunity to speak with other youths in the community and bring back recommendations to the City Commission on what they would like to see in terms of jobs, educational programs, and volunteer hour opportunities. Workshop training will be provided on sunshine law to both the students and parents so to ensure correct supervision and education is provided. Assistant City Manager Shadrix explained staff recommends approval of this resolution as this approval alludes to bringing forth a future resolution which will further define the roles and operation of the Ocoee Youth Council. He suggested inviting a representative from one of the cities in Florida who already has this program in place. Motion: Move to approve Item #15 - Resolution Establishing the Ocoee Youth Council (OYC). Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried 5-0 The discussion below occurred out of agenda order;prior to Item #17. Mayor Johnson noted that a member of the City Commission would have to be selected to serve as Commission Liaison to the OYC and he believes it should be Commissioner Oliver. He further commented that the City Commission will be involved in selecting the students who will be appointed to the council. Commissioner Oliver provided clarification stating a committee from Valencia Community College would be conducting the interviews of the students and they would make the recommendation; the City Commission would affirm their recommendation. Discussion ensued on the criteria of the OYC and the schools that should be included. PUBLIC HEARING - 8:27 PM 16. Comprehensive Plan Amendment Capital Improvements Element (CIE), Update Addition of Fiscal Years 2018/2019 - 2022/2023 Capital Improvements Program; Project No: CPA-2018-009. (Advertised in the West Orange Times on Thursday, December 27, 2018) (City Planner Rumer) The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement of Chapter 163, Florida Statues and enables implementation of the Plan goals, objectives, and policies needing capital funds for a 5-20 year planning horizon. Each year the table section of the CIE will be updated to ensure that the adopted list of capital projects in the CIE matched the City's newly adopted fiscal year budget and approved five-year Capital Improvements Program (CIP). The CIE does not propose any new projects not previously reviewed and approved by the Commission. The Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be accomplished with a single pubic adoption hearing. Additionally, State Statute no longer requires a copy of the Ordinance to be transmitted to the Florida Department of Economic Opportunity. City Planner Rumer gave a brief presentation of the proposed CIE update for the addition of Fiscal Years 2018/2019 through 2022/2023. The Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be accomplished with a single pubic adoption hearing. The public hearing was opened As no one wished to speak the public hearing was closed 13 I Page Regular City Commission January 15,2019 Motion: Move to adopt Ordinance No. 2018-001, Capital Improvements Element (CIE) Update Addition of Fiscal Years 2018/2019 — 2022/2023 Capital Improvements Program (CIP); Moved by Commissioner Grogan, seconded by Commissioner Oliver; Motion carried unanimously. As the motion was made prior to the City Attorney reading the title of the Ordinance, it was advised that the title will be read and the motion will need to be restated and approved. City Attorney Cookson read the title of the Ordinance. Restated Motion: Move to adopt Ordinance No. 2018-001, Capital Improvements Element (CIE) Update Addition of Fiscal Years 2018/2019 — 2022/2023 Capital Improvements Program (CIP); Moved by Commissioner Grogan, seconded by Commissioner Oliver; Motion carried unanimously. 17. Resolution Vacating and Abandoning the Remaining Unimproved Maine Street Right- of-Way. (Advertised in the West Orange Times on Thursday,January 3, 2018)(City Planner Rumer) The remaining unimproved right-of-way of Maine Street north of the existing pavement and sidewalk provides a significant gap in front of lands owned and approved for office development by City Center West Orange. In order to accommodate the new office building and provide offsite stormwater, City Center West Orange is requesting vacation of a portion of the remaining unimproved Maine Street right-of-way. In order to facilitate the use and expansion of the existing public retention pond,the applicant is proposing to deed additional land to the City. This land will include some areas of the expanded retention pond and also provide for park space. The park will be constructed and amenities provided by City Center West Orange. City Planner Rumer gave a PowerPoint presentation of this proposed resolution, which is to abandon and vacate a portion of the remaining unimproved Maine Street right-of-way. The remaining unimproved right-of-way of Maine Street north of the existing pavement and sidewalk . provides a significant gap in front of lands owned and approved for office development by City Center West Orange (applicant). In order to accommodate the new office building, City Center West Orange is requesting the right-of-way vacation. Additionally, in order to facilitate the use and expansion of the existing public retention pond, the applicant is proposing to deed additional land to the City. This land will include some areas of the expanded retention pond and also provide for park space. The park will be constructed and amenities provided by City Center West Orange. All utility companies have provided letters of no objection to the vacate. City Attorney Cookson read the title of the Resolution. The public hearing was opened. As no one wished to speak, the public hearing was closed. Motion: Move to adopt Resolution No. 2019-001, Abandoning and Vacating that portion of Maine Street, public right of way, lying between the Westerly right of way line of Richmond Avenue and the Easterly right of way line of Bluford Avenue; Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried unanimously. 14IPage fi Regular City Commission January 15,2019 FIRST READING OF ORDINANCE - 8:35 PM 18. First Reading of Ordinance for Ocoee Landings Planned Unit Development (PUD) Substantial Amendment to the Approved PUD Land Use Plan (PUD/LUP); Project No: RZ-18-09-14. (Second Reading and Public Hearing Date scheduled for February 5, 2019, Regular Commission Meeting at 6:15 PM or soon thereafter.) (City Planner Rumer) The Ocoee Landings Planned Unit Development(PUD)which was approved on October 20,2015 consists of a mixed-use development consisting of 9.15 acres of residential and 6.89 acres of commercial. The residential portion of the project is proposed at a maximum of fifty (50) dwelling units. The typical lot size proposed is 50'x 110' (5,500 sq. ft.).The minimum living area is 1,400 sq. ft.There are three passive recreation areas with two tot-lots proposed on the LUP/PSP. The subdivision will be un-gated with public streets. As shown on the plans, the four (4) commercial lots will have access on Silver Star Road and Lake Johio Drive. The commercial portion will consist of 6.89 acres of C-2 (Community Commercial) uses with certain uses (Automobile Sales, Hotel, Motel) excluded. Special Exception uses allowed will require a Special Exception Site Plan approval before permitting. The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre. On April 19,2016,the City Commission reviewed and approved a non- substantial amendment to the PUD/Land Use Plan for Oak Trail Reserve PUD. There were three (3) waivers from the Land Development Code that were approved. First, the Applicant received a waiver from Table 5-1 Permitted Use Regulations to allow drive-in restaurants within two hundred (200) feet of residential property. The reason for the waiver is because of the mixed-use characteristics of the PUD, the residential lots will be less than 200 feet from the commercial out parcels. The second waiver approved is for the commercial building setback of 50 feet against residential use to be reduced to 25 feet on Lots 3 and 4 only. Again, the mixed-use characteristic of the PUD makes for a more compact development pattern. The third and final waiver granted reducing the PUD 25 feet minimum building setbacks for the residential portion of the PUD. Staff supports all waivers as requested on the LUP/PSP. The Developer of the PUD has brought in K.Hovnanian Homes as the builder of the residential section of the PUD. The builder is requesting a change to the front setback from its current 25 feet to a reduced setback of 20 feet. The request is to provide enough lot coverage for a popular model home which will upgrade the community. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on February 5, 2019 at 6:15 PM or soon thereafter. SECOND READING OF ORDINANCE—PUBLIC HEARING - 8:36 PM 19. Second Reading of Ordinance for Amaran Property - 403 2nd Street Annexation and Rezoning; Project No(s): AX-08-18-76 & RZ-18-08-13. (Advertised in the West Orange Times on Thursday, November 22, 2018 and Thursday, November 29, 2018 and continued from the December 4, 2018 City Commission Meeting. This Second Readin2 of Ordinance and Public Hearing has been canceled.) (City Planner Rumer) Mayor Johnson announced this item has been canceled. REGULAR AGENDA - None STAFF ACTION ITEMS - None 15IPage Regular City Commission January 15,2019 COMMENTS FROM COMMISSIONERS - 8:37 PM Commissioner Grogan — Addressed the concerns regarding recent citations being issued for canopies in driveways along Sabrina Drive. He explained Code Enforcement is simply doing their job as pursuant to city ordinance, canopies are prohibited from being installed in the front of homes. Commissioner Wilsen— 1) Asked the Commission for approval for broadcasting and use of the Chambers by the Ocoee Woman's Club to host the Political Forum, if an election is held. She further announced, due to her membership with the Ocoee Woman's Club, she will have to abstain from voting. Motion: Move to allow the broadcasting and use of the Commission Chambers for the Political Forum to be hosted by the Ocoee Woman's Club. Moved by Commissioner Oliver. seconded by Commissioner Firstner; Motion carried 4-0 with Commissioner Wilsen abstaining. (Form 88 is filed with the City Clerk's Department.) 2) Asked on behalf of the Ocoee Christian Church permission to allow parishioners to park on City property (112 S. Bluford Ave.) as the church will be reseeding their parking lot. This request is for approximately 2 months for Wednesdays (evening) and Sundays only. Consensus of the City Commission was to allow the Ocoee Christian Church parishioners approval to park on city property on Wednesdays (evening) and Sundays. Discussion ensued with regards to the parking spaces which currently have barrels and when those would be available. Commissioner Firstner—None Commissioner Oliver— 1) Excited about 2019, and noted that the City has close to $200 million in new development/projects around the City. 2) Equally excited about seeing the Ocoee Youth Council moving forward. 3) Commented that he would like to talk about the Hallowed Ground, but feels now is not the time and he will bring it back at a later date. 4) Discussed forming a Mission Statement for the City of Ocoee that would define the City's core values. He concluded by seeking consensus from the Commission to request staff to start drafting a Mission Statement. Mayor Johnson commented that he does not feel it should be staff who would work on a Mission Statement but that it should be the City Commission, as they are the ones elected by the citizens. It was discussed that when they host their downtown workshop with the residents that would be the opportunity to include the mission statement. Mayor Johnson—Commented that at a recent HRDB Board meeting it was suggested to change Founders' Day and if the Commission is in favor of the change he feels it should be a vote by the City Commission. He further commented that Founders' Day was established based on the founding of the City and this has been acknowledged for the past 25 years. He is not in favor of a change but will leave this decision to the City Commission. Brief discussion ensued. 16IPage Regular City Commission January 15,2019 ADJOURNMENT -8:59 PM APPROVED: Attest: / / // Ci of Ocoee 111/ l � a- Melanie Sibbitt, City Clerk Rusty Jon, ayor 17 IPage FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LASSTT�JNA EES—FIIRRST NAM — IDDLE NAME NAME O BOARD,COU CIL,COMMISSION,AUTHORITY,OR COMMITTEE MAILING AD RES THE BOARD,O NCIL,COM M SSION,AUTHORITY OR COMMITTEE ON 160 - j f yj - )r ICH I SERVE S A UNIT OF: CITY ( I C y COUNTY CrrY ❑COUNTY ❑OTHER LOCAL AGENCY . oee OrofW e NAMEAF POLITICCAL„SUB IVISION: DATE( ONWHICHOTE}OCCURRED CL� 61 Orbe Y� ^ MY POSITION S: \/ /h ` q�ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies 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 and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which 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(CRAB)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the 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 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, 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 34-7.010(1)(f),F.A.C. 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. t ( DISCLOSURE OF LOCAL OFFICER'S INTEREST Ronviu 2I) , hereby disclose that on `f an U( CE , 20 161 : a A measure came or will come before myagency which(check one or more) 9 Y 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 y relative, I. • V inured to the speci I gain or los of Ti� ('Jtj)(la q L U 0 ( C(L , by whom I am �;o� � inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The mea ure before m agency and the nature of my conflicting interest in the measure is as follows: pô/' / �-he 3l i ,eieel6n a Ia3 toi`tfl pa//r - ( ttriT proqr a IT) 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. (-3-11 2khrh Date Filed / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.