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HomeMy WebLinkAboutItem V (H) Appointment to Boards AGENDA 1-16-96 Item V H : City of Ocoee 0 0 150 N. Lakeshore Drive Jean Grafton ��~'�.o. Coco�`a`j Ocoee, Florida 34761-2258 City Clerk (407) 656-2322 FAX (407) 656-5725 MEMORANDUM To: Honorable Mayor and Board of City Commissioners From: Jean Grafton, City Clerk Date: January 10, 1996 Re: Appointments to Boards Planning & Zoning Commission (3 year terms) The terms of Mr. Robert McKey and Mr. Robert Williams as Alternate Members will expire February, 1996. Both are willing to serve new terms if you should wish to reappoint them. Attached for your information are a current member listing for the board and a brief description of City boards. Also attached is an application from a citizen who is interested in serving on the Planning & Zoning Commission. mg "PRIDE OF WEST ORANGE" LY(_ PLANNING AND ZONING COMMISSION Member District Phone Number Term Expires Pat Bond (Vice Chairman) 4 877-2992 H April 1997 295 N. Lakeshore Dr. 656-2342 W Ocoee, FL 34761 934-1180 Pgr Glenda F. Hopkins 3 656-1741 H July 1996 33 East Oakland Avenue 438-1990 W Ocoee, FL 34761 Ralph W. Jones, Jr. 4 656-7819 H September 1996 105 Reese Court Ocoee, FL 34761 Louis Landefeld 4 877-3661 H August 1996 512 E. Lakeshore Dr. (Unlisted) Ocoee, FL 34761 Tanya C. Miller 2 877-7296 H June 1996 (Mrs. William E.M. McCallister, Jr.) 912 Center St. 836-7979 W Ocoee, FL 34761 Darlene Rhodus 1 656-8594 H April 1997 704 Spring Lake Cr. 352-5832 W Ocoee, FL 34761 Harold Switzer (Chairman) 4 656-1604 H September 1996 609 E. Lakeshore Dr. Ocoee, FL 34761 Alternates Robert M. McKey 4 292-2586 H February 1996 1110 Wineberry Court 292-2586 W Ocoee, FL 34761 Robert W. Williams 2 656-4409 H February 1996 905 Hawaii Drive Ocoee, FL 34761 P&ZCOM/mbg/January 10, 1996 BRIEF DESCRIPTION OF CITY BOARDS BOARD OF ADJUSTMENT Meets as needed 5 members, 2 alternates - 3 year terms Duties: To hear and decide appeals for administrative review; to hear and recommend to City Commission special exceptions and variances to the zoning ordinance. CITIZEN ADVISORY COUNCIL FOR POLICE DEPARTMENT Meets 3rd Thursdays, alternate months No less than 15 members, no more than 25 members - 3 year terms Duties: To promote and maintain communication, cooperation and a positive relationship between the citizens of the City of Ocoee and the Ocoee Police Department. CODE ENFORCEMENT BOARD Meets 4th Tuesdays, 7:30 p.m. 7 members, 2 alternates - 3 year terms (Membership will, when practicable, include an architect, a businessman, an engineer, a general contractor, a sub-contractor and a realtor) . Duties: To review infractions of City technical codes, negotiate compliance and impose fines for failure to comply. PERSONNEL BOARD Meets as needed 5 members - 3 year terms (Membership will include at least 1 City employee, 1 City Commissioner, 1 person who holds management position with City, and 1 citizen of Ocoee who is not employed by and does not hold office with City. All must be qualified electors of the City. ) Duties: Responsible for developing personnel policies for the City and recommending such policies to City Commission for adoption. PLANNING AND ZONING COMMISSION Meets 2nd Tuesdays, 7:30 p.m. (and 4th Wednesdays, if needed) 7 members, 2 alternates - 3 year terms (Membership will, when reasonable, include an architect, an engineer, a general building contractor, a real estate agent and lay persons) . Duties: Establishes principles and policies for guiding action affecting development in the City and its environs. Determines whether special proposed developments conform to the principles and requirements of the comprehensive plan. Acts in advisory capacity to the City Commission. RECREATION ADVISORY BOARD Meets 3rd Mondays, 7:30 p.m. 7 members - 2 year terms Duties: To advise the Mayor, Board of City Commissioners, City Manager and Recreation Director on the operation of the City's parks, recreational facilities and programs. GENERAL EMPLOYEES' RETIREMENT TRUST FUND BOARD OF TRUSTEES 5 members: 2 employees, 2 residents and 5th member chosen by majority of the previous 4 members. 2 year terms Duties: General administration and responsibility for the operation of the Retirement Trust Fund for general employees. POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND BOARD OF TRUSTEES 5 members: 1 police officer, 1 firefighter, 2 residents and 5th member chosen by majority of the previous 4 members. 2 year terms Duties: General administration and responsibility for the operation of the Retirement Trust Fund for the City's police officers and firefighters. BRDSDES/mbg/October 19, 1995 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" 1.;:.' _;�`!16-GYo1SCd tins TONER o Ocoee S.SCOTT VANDERGRIFT O IfFrail:). COMMISSIONERS _,X ►' = CITY OF OCOEE RUSTY JOHNSON d PAUL W.FOSTER v O 150 N. LAKESHORE DRIVE SCOTT A.GLASS k...0j.„43 OCOEE,FLORIDA 34761-2258JIM GLEASON (������ CITYMANAGER OF G0 APPLICATION FOR SERVING ON CITY BOARDS ELLIS SHAPI120 1. Name: WILLIAM T. BLAcK14Am Home Phone: Z 90 - 172Z 2. Home Address: Sln vJ LTH EIZS cou,T0cotE 3. Business: CE MS Conl SLilT4,TS 1 'Mc. Business Phone: $77-79 79 4. Business Address: %8 W. S I L<a�R STAG F kr N S L o�t o c o E E 5. Brief Summary of Education and Experience: cNE �Awa„ ofL�4>Jo Suavcy )(r, 19 164,25 ,a Lk/4o 5u4Vrti4G, S11z YEAS As Bvs gess o..4.1.4 En. 6. Are you a registered voter? Yes )( No Precinct# R) 4 7. Resident of the City for 6 months or longer? Yes X No 8. Do you hold public office? Yes No X. 9. Are you employed by the City? Yes No 'X 10. Do you now serve on a City Board or Committee? Yes No rC 11. PLEASE CHECK THE BOARDS WHICH INTEREST YOU : Indicate your degree of interest as first choice- 41. second choice-42. etc. *Board of Adjustment Z *Code Enforcement Board -* I 1 *Planning & Zoning Recreation Advisory Commission Board Citizen Advisory *Police Officers' and Council for Police Firefighters' Retirement Department Trust Fund Board of Trustees *General Employees' Retirement Trust Fund Personnel Board Board of Trustees 12. Why do you think you are gtlalined to serve on this board? = LIvE Ano toOat gN OCoEE. = FfAIE IR Y 45 EXPra,En1cf LN to N0 S uRVEilA1G. 13. Would you consider serving on another Board other than one(s) you selected above? Yes ( No 14. Until such time you are selected for the Board of your choice, may we submit your application when vacancies occur rather than phoning you? Yes )C No 15. Please attach resume'. SIGNATURE Li DATE: 10117/95 Note: (I) Application effective for ONE YEAR from date of completion. (2) If you have any questions,please call the City Clerk's office at 656-2322, extension 146. * FINANCIAL DISCLOSURE FORMS ARE REQUIRED FOLLOWING APPOINTMENT BIOGRAPHICAL SKETCH William J. Blackham, P.L.S. - • POSITION: Professional Land Surveyor EDUCATION:' University of Florida -Bachelor of Land Surveying : University of Florida -Associate of Arts Palm Beach Junior College- Mathematics Miami-Dade Community College-Computer Science Continued education.throu gh technical seminars REGISTRATION Florida Professional Land Surveyor,-#4334......- . EXPERIENCE: LEMS.Consultants, Inc. (1989-Present) 1989-Owner { ; Diversified Land Services, Inc.. (1989-1990) ^ s t " ' 11989':-:Supervisor• of Surveying rl • • Mizo-Hil�;lnc`(1985-1989) ` °° . • . • 1989 -Vice President of Surveying : • 1985 Director of Surveying University of Florida (1982-1985) 1983 - Land Surveying Teaching Assistant Craig A. Smith &Associates=(1989-1983): 1983- Drafting Supervisor, - 1981;- Director of Record.Plat and.Condominium Document r : •Preparation , ` . 1:980� Crew Chief Broome & Farina (1977- 1980) 1979 - Crew Chief. 1978 - Instrument Man 1977 - Rodman PUBLICATIONS: "Least Squares Analysis in Temporal Coordinate and Measurement Management", Surveying and Mapping, September, 1988. • "Integration of_Total Station_Observations with the Global-Positioning System",- ACSM Technical Papers, 1987,ASPRS-ACSM Fall Convention. . "1985 Analysis of Florida Surveyors and Survey Firms", collected papers on surveying and-mapping, University of Florida, October, 1985. MEMBERSHIPS, American Congress on Surveying and Mapping (ACSM) ASSOCIATIONS, National Society of Professional Surveyors (NSPS) AND HONORS: American Association.of Geodetic Surveyors (AAGS) Florida Society of Professional Land Surveyors -'Central Florida Society of Professional Land Surveyors (CFSPLS) University of Florida Presidential Recognition • AGENDA 1-16-96 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item V I Ocoee S. SCO I I VANDERGR11-I O� may, COh1611S510N1F2S _� ► r:14-,,, a CITY OF OCOEE RUSTY AU;JOHNSON (3)......}: 150 N.LAKESHORE DRIVE SCOTT A.GLASS et OCOEE,FLORIDA 34761-2258JIM GLEASON 1> � (407)656-2322 CITY MANAGER Of GOOD ELLIS SHAPIRO MEMORANDUM DATE: January 3, 1996 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director°In i'/J/`-- Administrative Services SUBJECT: Ocoee Historical Commission, Sunshine Law Applicability The attached opinion from the City Attorney was given to Historical Commission representatives on December 29, 1995. Their regularly scheduled meeting is January 11, 1996. I will be in attendance and have ready for the January 16, 1996 City Commission meeting their response, reactions, and recommendations. Should you have any questions, please contact me at extension 125. MEB/jbw Attachment FOLEY & LARDNER ATTORNEYS AT LAW SUITE 1800 A MEMBER OF GLOBALEX III NORTH ORANGE AVENUE WITH MEMBER OFFICES IN ORLANDO, FLORIDA 32801 BERLIN JACKSONVILLE TELEPHONE 14071423-7656 BRUSSELS TALLAHASSEE DRESDEN TAMPA FACSIMILE 14071648-1743 FRANKFURT WEST PALM BEACH MAILING ADDRESS: LONDON MILWAUKEE POST OFFICE BOX 2193 PARIS MADISON SINGAPORE CHICAGO ORLANDO,FL 32802-2193 STUTTGART WASHINGTON, D.C. TAIPEI MEMORANDUM TO: Ellis Shapiro, City Manager Montye Beamer, Director of Administrative Services FROM: Paul E. Rosenthal, Esq. , City Attorney fy7DATE: December 27, 1995 '� RE: Ocoee Historical Commission At its meeting of November 7, 1995, questions were raised regarding the applicability of the Florida Sunshine Law to the activities of the Ocoee Historical Commission, Inc. ("Historical Commission") . Attached hereto is a memorandum prepared by David Barker which provides an analysis of the applicability of the Sunshine Law to the Historical Commission. In our in opinion, as presently structured, the activities of the Historical Commission are subject to the Sunshine Law except to the extent that they relate to its activities as a private organization unrelated to the operation of the Museum or activities undertaken on behalf of or at the direction of the City. If the City and the Historical Commission are willing to proceed in full compliance with the Sunshine Law, then we should fully brief them on the necessary requirements. Also, the City could then proceed to designate them as an official body as originally requested. If it is the desire of the City and the Historical Commission to operate entirely as a private organization without being subject to the Sunshine Law, we would then recommend certain changes in its relationship to the City which are outlined in David Barkers' memorandum. Even with the adoption of these changes, we could not opine with certainty that Historical Commission would not be subject to the Sunshine Law. In order to prevent any members of the Historical Commission from inadvertently violating the Sunshine Law, we recommend that after the recommended revisions have been adopted, the City Commission seek an Attorney General opinion regarding this subject. Pending receipt of an Attorney General Opinion on this subject, we recommend that the Historical Commission follow the Sunshine Law in connection with its EST ABLISHED 1 8 4 2 activities related to the Museum and any other activities undertaken on behalf of or at the direction of the City. PER:dh Enclosure C:\WPSI\DOCS\OCOE\MEMOS\PERDDH12.26311227/951 DEBBIEH I PERS -2- MEMORANDUM TO: PAUL E. ROSENTHAL, CITY ATTORNEY FROM: DAVID P. BARKER, ASSISTANT CITY ATTORNEY ($* DATE: December 27, 1995 REFERENCE: APPLICABILITY OF GOVERNMENT IN SUNSHINE LAW TO THE OCOEE HISTORICAL COMMISSION, INC. Pursuant to the request of the Board of City Commissioners at their meeting on November 7, 1995, I have researched the applicability of Section 286.01, Florida Statutes (the "Sunshine Law") to the activities of the Ocoee Historical Commission, Inc. The activities of the Ocoee Historical Commission can be categorized as follows: 1. The activities as an official board designated by the City Commission to make recommendations for the restoration of the Withers-Maguire House pursuant to Resolution Number 85-4 (the "Resolution"); 2. The operation of the Withers-Maguire House museum (the "Museum") as the curator on behalf of the City of Ocoee as provided in the Withers-Maguire House Operation Agreement (the "Operation Agreement"); and 3. The activities of the Ocoee Historical Commission as a private non-profit corporation on matters unrelated to its activities as an official board or as curator for the Museum for the City. The applicability of the Sunshine Law to each of the categories is discussed separately below which include a recommendation for any actions necessary to remove the activities of the Ocoee Historical Commission from the applicability of the Sunshine Law. 1. OCOEE HISTORICAL COMMISSION AS OFFICIAL BOARD OF THE CITY. A. Background The Resolution, which was adopted by the Board of City Commissioners of the City on February 19, 1985, provides as follows: The Ocoee Historical Commission is recognized as an official body designated by the Board of City Commissioners to be responsible for making recommendations for the restoration of the Maguire House. In connection with the execution of the Operation Agreement, the board members of the Ocoee Historical Commission has requested that the City adopt a resolution which designates the Ocoee Historical Commission as an official body of the City responsible for making recommendations to the City for designation and restoration of other historically significant buildings, landmarks and areas within the City. The Board of City Commissioners at their meeting on November 7th, deferred appointing the Ocoee Historical Commission as requested until a determination of the applicability of the Sunshine Law. B. Research An advisory board, even if the power delegated to the board is limited to making recommendations to a public agency and even if it possesses no authority to bind an agency in any way is subject to the Sunshine Law. Spillis Candela & Partners. Inc. v. Centrust Savings Bank, 535 So.2d 694 (3rd DCA 1988). The meetings of an advisory committee where probably many of the governmental agency's decisions are made or at least where matters on which foreseeable action will be taken by the governmental agency are dealt with are subject to the Sunshine Law. 73 Op. Atty Gen. 223 (1973). Stated another way, those to whom public officials delegate de facto authority to act on their behalf in the formulation, preparation and promulgation of plans on which foreseeable action will be taken by such public officials stand in the shoes of such public officials insofar as the application of the Sunshine Law is concerned. IDS Properties, Inc. v. Town of Palm Beach, 279 So.2d 353 (4th DCA 1973). See also 94 Op. Atty. Gen. 21. (An advisory board whose powers are limited to making recommendations to a public agency is subject to the Sunshine Law, unless established only for fact fmding purposes. If the Board can conduct fact fmding and then make recommendations, the Board is subject to the Sunshine Law.) The Ocoee Historical Commission in making recommendations regarding the historical significance of other buildings in Ocoee will be involved in the decision-making process whereby such buildings may be designated as historical land sites by the State of Florida. In a similar instance in 85 Op. Atty. Gen. 55 (1985), the New Smyrna Industrial Development Board which consisted of six members who are appointed by the City Commission of New Smyrna was designated by the City to pursue the certification of New Smyrna Beach as a Florida Blue Chip Community. The Attorney General Opinion stated that the Board had the authority to act on behalf of the City Commission and therefore possessed substantial authority to act in place of the City Commission and was subject to the Sunshine Law. Therefore, it appears that the Ocoee Historical Commission activities as an advisory board under the City would be subject to the Sunshine Law. 2 C. Recommendations In order to be in a position to present the argument that the Sunshine Law does not to apply to the Ocoee Historical Commission, it is our recommendation that the Ocoee Historical Commission either be terminated as an advisory board of the City or delegated to fact fmding activities only with no authority to make recommendations to the City. Thus, Resolution 85-04 should be repealed and the new requested resolution should not be adopted to appoint the Ocoee Historical Commission as an official board of the City of Ocoee unless the resolution specifies that the only activities of the Ocoee Historical Commission are only fact fmding with relation to historical landmarks. Of course, if the Ocoee Historic Commission is prepared to operate under the Sunshine Law, then it could be designated an official body of the City. 2. THE OCOEE HISTORICAL COMMISSION AS CURATOR OF THE MUSEUM. A. Background Pursuant to the Operating Agreement which was executed by the City on November 7th, the Ocoee Historical Commission was appointed the Curator of the Museum pursuant to the terms and conditions contained in the Operation Agreement. The Operation Agreement contained very specific collection policies which were incorporated by reference. The Operation Agreement generally gives the Ocoee Historical Commission the day-to-day management control of the Museum subject to certain rights which were reserved to the City. Thus, the Curator may not take any of the following actions without the prior approval of the City: i. City must approve the collection prior to opening the Museum to the public and the Curator must make any changes that are required by the City. ii. The City must approve any relocation of the office space of the Ocoee Historical Commission within the Museum. iii. The Curator may not charge an admission fee to the Museum. If the Curator desires such fee, then it must make a written request for approval to the City detailing the amount of the admission fee, which the City may approve or deny at its sole option. All funds derived from the deaccession of collection for objects shall be deposited in a bank account for the benefit of the City and any expenditures thereof by the Curator must be approved by the City. iv. The Curator may recommend to the City in writing that the deaccession of an object and the method of disposal of such object to the City based upon specified criteria. The Curator may not deaccession the object without the prior written consent of the Administrative Service Director of the City for objects valued less than $500.00 or the approval of the Board of City Commissioner of the City for objects valued greater than$500.00. 3 v. If the Curator receives a request for return of an object, the Curator shall make a recommendation to the City regarding the return of the object. vi. The Curator must make a recommendation to the City of any incoming or outgoing loans. The Operation Agreement expressly states that it is subject to the provisions of the Sunshine Law and that the Curator will at all times agree to operate the Museum and conduct its activities relating thereto in full compliance therewith. However, this provision was included due to our conclusion that such activities fell within the Sunshine Law and not based on a separate intent to subject the Ocoee Historic Commission to the Sunshine Law. B. Research Generally, the Sunshine Law is inapplicable to a private organization which is not a state or local governmental agency, or subject to the control the Legislature, and which has not served in an advisory capacity to such a state or local governmental agency. 78 Op. Atty Gen. 161 (1978). Receipt of state or local funds in and of itself will not subject the private, non-profit corporation to application of the Sunshine Law. 78 Op. Atty Gen. 24 (1978); See 74 Op. Atty Gen. 22 (1974). A private corporation which performs services for a public agency and receives compensation therefore, is not by virtue of this relationship alone, subject to the requirement of the Sunshine Law, provided that the public agency's governmental or legislative functions have not been delegated to it. 83 Op. Atty Gen. 1 (1983). This is analogous to the delegation of Operational powers to staff of the City, which are not typically subject to the Sunshine Law. Therefore, the City of Ocoee could contract with the Ocoee Historical Commission to operate the Museum as the Curator; however it must be determined if any of the City's legislative powers have been delegated to the Curator. Based upon the review of the Attorney General opinions in this area, the test to determine whether a private, non-profit corporations is subject to the Sunshine Law is if there has been a delegation of the private agency's governmental or legislative functions or whether the private organization plays an integral part in the public agency's decision making process. 91 Op. Atty Gen. 99 (1991). To determine if there has been a delegation of Legislative powers, the courts have considered whether the non-profit corporation is primarily acting as an instrumentality or agency of the governmental agency. Campus Communications,Inc. v. Shands Teaching Hospital and Clinics. Inc., 512 So.2d 999 (1st DCA 1987). For example, in Newspress Pub. Co.. Inc. v. Carlson, 410 So.2d 546 (2nd DCA 1982), the Court held where the governing authority delegated the responsibility of the preparation of the proposed budget to a committee, the nature and function of that committee reached a status of a board or committee and therefore, should be subject to the Sunshine Law. Where public officials delegate de facto authority to act in their behalf in the formulation, preparation, and promulgation of plans which foreseeable action will be taken by those public officials, those delegated that 4 authority stand in the shoes of such public officials insofar as the application of the Sunshine Law is concerned. See also 73 Op. Atty Gen 223 (1973). It should be determined whether the private corporation is subject to the dominion and control of the governmental agency. 92 Op. Atty Gen. 80 (1992). It appears that the opinions looked for a nexus between the governmental agency and the private organization to determine how much control the governmental agency has over the organization operation of the private corporation. In 92 Op. Atty Gen. 80 (1992), a private non-profit corporation was created pursuant to statute to assist the John and Mabel Ringling Museum of Art in carrying out its functions by raising funds for the Museum. The private, non-profit corporation in that instance utilized museum property for its offices, the board of directors of the corporation were the same individuals who serve as trustees for the museum, the corporation's offices are located at the museum and meetings for the board of the corporation and the board of directors of the museum were usually held at the same time. The Attorney General Opinion in this case stated that because the ties between the corporation and the museum were substantial that the non-profit corporation was an alter ego of the governmental agency and therefore the meetings of the corporation were subject to the Sunshine Law. In a similar case in 94 Op. Atty Gen. 32 (1994), a Florida non-profit corporation was created by Santa Rosa County to act as an instrumentality on behalf of the County in fmancing and administering certain governmental programs. The County created the corporation, prescribed the duties of the corporation, and appointed its initial board of directors. The County retained the ability to control the structure and organization of the corporation including among other things the power to remove and replace directors, amend the Articles of Incorporation and approve any change in the by-laws of the corporation. The corporation was subject to the dominion and control of the County in the opinion of the Attorney General, and therefore, subject to the Sunshine law. In applying these criteria to the Ocoee Historical Commission, it is a harder case to determine the applicability of the Sunshine Law. The Operation Agreement requires the Ocoee Historical Commission to provide the City, on an annual basis, the roll of all members, volunteers, directors and officers of the Curator. The City does not, however have control over the election or removal of any directors, officers or members of the Corporation. In the process of adopting the Operation Agreement, the City required that the Ocoee Historical Commission be duly authorized in good standing and have adopted by-laws which would permit it to operate the Museum as a Curator. While we prepared suggested by-laws to the Ocoee Historical Commission in a process to save time, we did not require that the Board of Directors of the Ocoee Historical Commission adopt any certain form. The City's only concern was that the Ocoee Historical Commission was a duly formed and operational non-profit corporation as provided under Florida law. The Board of Directors of the Ocoee Historical Commission hold meetings independent of the meetings of the Board of City Commission of the City and are not held at the same location. The City does not tell the Ocoee Historical Commission when or how often 5 it should meet. Also, the City does not approve the operation procedures of the Ocoee Historical Commission. Currently, there are no elected officials or staff persons of the City on the Board of Directors of the Corporation or are a member thereof. The Ocoee Historical Commission's offices will be located at the Museum, however this is a matter of convenience for operation of the Museum and not a requirement of the City. It does not appear that the Ocoee Historical Commission is within the dominion and control of the City. It must be determined, however, whether the reservation of the rights as described above, relating to important decisions would be considered to be a de facto delegation of a portion of the decision making process to the Ocoee Historical Commission. It is not clear if the Ocoee Historical Commission is operating pursuant to an Operation Agreement and not being officially designated as an advisory board, whether this would change the analysis. The provision of the Operation Agreement which states that the Sunshine Law will apply may be given substantial weight. However, this was added because we believed the Ocoee Historical Commission was already subject to the Sunshine Law and we wanted to make sure this was understood by its members and body. A lease agreement between a private, non-profit corporation and a governmental agency which expressly stated that the corporation shall comply with the Public Records Law and the Sunshine Law when engaged in the management and operation of a hospital was held subject that a corporation to the Sunshine Law. 91 Op. Atty Gen. 99 (1991). The existence of this provision alone was sufficient to bring the corporation within the purview of the statute. While it is not clear under the above-cited authority whether the activities of the Ocoee Historical Commission under the Operation Agreement would subject it to the Sunshine Law, the express provision that the Sunshine Law would apply may be deemed to be sufficient to make the Sunshine Law applicable. The requirements contained in the Operation Agreement for the Ocoee Historical Commission to make recommendations to the City on several important topics implies that its recommendations would be considered a portion of the decision making process and therefore subject to the Sunshine Law. This can be contrasted against the situation where the City would enter into a private contract with a corporation to provide services for remuneration where that contract would specify all of the duties and obligations of the private party. C. Recommendations In order for the Ocoee Historical Commission to avoid being subject to the Sunshine Law pursuant to the Operation Agreement, the following revisions should be made: i. Delete the paragraph in the Operation Agreement stating that it is expressly subject to the Sunshine Law. ii. Revise the Operation Agreement to delete the sections requiring the Ocoee Historical Commission to make recommendations to the City. In lieu thereof adopt 6 objective criteria whereby the Ocoee Historical Commission can take such action assuming that the objective criteria have been met. iii. Clarify that any approvals which must be made by the City shall be made by City staff and that there be no requirement that any further action by the Board of City Commissioners need be made under the Operation Agreement. 3. OCOEE HISTORICAL COMNIISSION AS A PRIVATE ENTITY. It appears clear that the Ocoee Historical Commission is not by virtue of the Operation Agreement subject to the Sunshine Law when conducting business as a private organization unrelated to the operation of the Museum and when not acting on behalf of or at the direction of the City. 91 Op. Atty Gen. 99 (1991). FINAL CONCLUSION It does not appear from the existing authority that there is a dispositive answer to the applicability of the Sunshine Law to the Ocoee Historical Commission pursuant to the Operation Agreement. It is prudent to follow the rule of thumb that when in doubt, you should comply with the requirements of the Sunshine Law. As it is unclear whether the Sunshine Law would apply in the event the Operation Agreement is revised, the only way to positively determine the answer to this issue is to request an opinion from the Office of the Attorney General, whether formal or informal, complete with a copy of the Operation Agreement, the Resolution, the proposed Resolution which would repeal the Resolution and the proposed revisions to the Operation Agreement. C:\WP51\DOCS\OCOEE\PER.MFM 112/27/96118WO10 1DPB:J 7