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HomeMy WebLinkAboutItem III (C) Approval and Authorization to Transfer $1,549.00 from Stormwater Contingency Fund to Capital Improvement Fund to Cover the Cost of Emergency Installation of the Fence Around the Drainwell at Starke Lake AgendaTTrr10-06-98 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MTneoR�3,on QssIONER S.SCOTT VANDERGRIFT Ocoee • COMMISSIONERS 0CITY OF OCOEE DANNY HOWELL ..�. ..�a "'<I 150 N.LAKESHORE DRIVE SCOTT ANDERSON SCOTT A.GLASS 0 OCOEE,FLORIDA 34761-2258 NANCY J.PARKER r+ v (407)656-2322 `y, • ��? CITY MANAGER 44.4.OF G00V`` ELLIS SHAPIRO MEMORANDUM DATE: September 21, 1998 TO: The Honorable Mayor and City Commissioners (x� FROM: Ellis Shapiro, City Manager ' �' RE: Fence Around Drainwell at Starke Lake Earlier this month, as a result of the lake level, the drainage well at Stark Lake began spewing out water many feet into the air along our lakefront. The pressure was so great that it moved the cover off of the drainage well hole. To this end, we fabricated a new drainage cover to protect people from falling into the drainage well. At the time, it was felt that we had no other alternative but to fence the area of the drainage well so that damage would not be done to either life, limb or property due to the spewing action. I authorized the emergency installation of a fence. I am requesting approval of the emergency installation of the fence at a cost of $1,549.00. Since it is the end of our budget year and there are no funds available in the City's line account, I am requesting that the money be taken out of the stormwater contingency fund which currently has a balance of$80,065.00. Respectfully submitpd, ES: J9 �/ Agenda 10-06-98 Item VI A FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 20377-107 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorneyg CC: Russell F. Bergin, Esq. DATE: September 28, 1998 RE: Public Hearing on Qualifications of Commissioner Howell to Continue to Hold Elected Office At the City Commission meeting of January 20, 1998, the City Commission discussed the subject of Commissioner Howell's qualifications to continue to hold elected office. This discussion was the result of Commissioner Howell advising the City that he had previously plead no contest to a third degree felony charge involving a worthless check and had discovered that his civil rights were not restored at the time he qualified for and was elected to the office of City Commissioner. The City Commission directed that Police Legal Advisor Russell Bergin conduct an investigation regarding the factual circumstances surrounding the qualifications of Commissioner Howell to hold elected office and scheduled a public hearing for October 6, 1998 to further consider this matter. The City Clerk has advertised the public hearing. In connection with the public hearing, I am enclosing herewith the following: (1) Mr. Bergin's report dated September 28, 1998 to the City Commission. His report notes that Commissioner Howell's civil rights were restored on May 11, 1998. (2) My Memorandum to the City Commission dated January 12, 1998 which was previously distributed. This memorandum sets forth various factual and legal issues. Of particular importance was our conclusion that Commissioner Howell is an "officer de facto" by virtue of his election and the certification of the election by the Canvassing Board and that he would continue to hold office unless removed by the Governor or the City Commission under applicable law. Commissioner Howell's restoration of his civil rights makes him eligible to vote and hold elective office. However, this is not determinative of his right to continue to hold the OK/ 006.109815.1 office of City Commissioner by virtue of his prior election. As noted in my January memorandum, a 1937 Florida Supreme Court case found that a city commissioner who lacked the necessary qualifications for office at both the time of qualification for the election and at the time he assumed performance of the duties of the office and then subsequently became qualified to hold such office was not lawfully entitled to hold the office and exercise the powers and duties thereof. This case would appear to be applicable to Commissioner Howell's current situation and suggest that the restoration of his civil rights does not cure the initial problem regarding his qualifications at the time of his election. While this case suggests how a court might rule on the issue, it does not mandate that any particular course of action be taken by the City Commission. The issue now presented to the City Commission is whether or not it should take action to remove Commissioner Howell from the office of City Commissioner based upon the current factual situation and the information revealed in Mr. Bergin's report. Possible options available to the City Commission include the following: (1) Take no action. This would result in Commissioner Howell continuing to hold office as an "officer de facto" unless a successful action is brought challenging his right to continue to hold office. It would appear unlikely that such an action would be brought and concluded prior to the expiration of Commissioner Howell's current term of office. (2) Seek a declaratory judgment. This would involve presenting the facts to a court which would then interpret the law and decide whether or not Commissioner Howell can be removed from office. We do not recommend this action due to the cost and time involved. (3) Seek an Attorney General's opinion. This approach is similar to seeking a declaratory judgment, but involves asking the Attorney General. This approach is less costly, but would not be binding on Commissioner Howell. (4) Remove Commissioner Howell from office. This would require another public hearing with notice thereof published at least 7 days prior to that hearing, unless the notice and hearing requirement is waived by Commissioner Howell. In the event Commissioner Howell is removed from office, the provisions of Section C-17.0 of the City Charter would require the City Commission to fill the vacancy within 30 days. The eligible person appointed by the City Commission would serve until the next general City election which is less than 6 months away. Commissioner Howell would be eligible to be appointed to fill such a vacancy. No specific notice or public hearing is required by the Charter for the City Commission to take action on filling a vacancy. Pursuant to the provisions of Section C-10 of the City Charter, the City Commission is the "judge of the election and qualifications of its members and the grounds of 006.109815.1 -2- forfeiture of their office". The standards governing removal are addressed in Section C-17.B of the City Charter and discussed more fully in my January memorandum. While this memorandum sets forth various options available to the City Commission, there may be other options available which could become apparent during the course of discussion by the City Commission. Finally, in connection with any vote regarding Commissioner Howell, he would have a conflict which would require that he abstain from voting. Attachments • • 006.709815.1 -3- Z/Z 30lfd Cb4L+9179'43I 2I3NU21v1 Aa OI=WO d GZ°9L 96-L0-S00 LAW OFFICES WICKER, SMITH, TIITAN, O'HARA MCCoY, GRAHAM & FORD, P.A. BARNETT BANK CENTER•SUITE 1000 390 NORTH ORANGE AVENUE MIAMI OFFICE P.O. BOX 2753 WEST PALM BEACH OFFICE GROVE PLAZA BUILDING,5TH FLOOR ORLANDO, FLORIDA (32802 UNITED NAT'L BANK TOWER•SUITE 700 2900 MIDDLE STREET(S.W. 28TH TERRACE) 1645 PALM BEACH LAKES BOULEVARD MIAMI,FLORIDA 33133 (407) 843-3939 P.O. BOX 2508 (305)448-3939 WEST PALM BEACH,FLORIDA 33402 TELECOPIER(305)441-1745 TELECOPIER(407)649-8118 (561)689-3800 TELECOPIER(561)689-9206 FORT LAUDERDALE OFFICE BARNETT BANK PLAZA,5TH FLOOR TAMPA OFFICE ONE EAST BROWARD BOULEVARD 100 NORTH TAMPA STREET P.O. BOX 14460 SUITE 3650 FORT LAUDERDALE,FLORIDA 33302 TAMPA,FLORIDA,33602 (954)467-6405 (813)222-3939 TELECOPIER(954)760-9353 TELECOPIER(813)222-3938 September 29, 1998 Mr. Ellis Shapiro City Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 RE: Howell, Daniel (In Re:) Our File No. : 40738-5 Dear Mr. Shapiro: Please fmd enclosed a copy of the Memorandum I have prepared for the City Commission in this matter. If you require further investigation or clarification, please do not hesitate to contact me. As we have discussed, I will be attending the City Commission meeting regarding this matter. Very truly yours, Russell F. Bergin Enclosures RFB/jam 264340.51 a- MEMORANDUM Howell, Daniel (In Re:) 40738-5 TO: City Commission, City of Ocoee FROM: Russell F. Bergin, Esq. DATED: September 29, 1998 IN RE: Investigation Concerning Qualifications to Hold Office for Commissioner Danny Howell Pursuant to the request of the City Commission to investigate this matter, I spoke with Bill Vose, Chief Assistant State Attorney for Orange County, regarding this matter. Mr. Vose has no personal knowledge of Mr. Howell's case. However, Mr. Vose provided me with a copy of the Orange County State Attorney's Office file regarding case number CR88-2183, State of Florida v. Danny Howell. I also received a copy of the transcript of the sentencing hearing before the Honorable Michael Cycmanick on the same case. After speaking with Mr. Vose, I spoke with the representatives of the Board of Clemency. On February 28, 1998, Mr. Howell's application was submitted with a recommendation to have his civil rights restored by the Board. Approximately ten weeks later, I was informed that Mr. Howell was approved and his civil rights have been restored regarding case number CR88- 2183. Please find enclosed a letter from the Office of Executive Clemency, dated May 11, 1998 and a Certificate of Restoration of Civil Rights issued May 11, 1998 restoring Mr. Howell's civil rights. Thus, he is presently qualified to hold office. Remedies Available to Modify Original Sentence The Florida Rules of Civil Procedure provide two rules under which a convicted defendant may request the court to modify the sentence or correct a sentencing error. These are Florida Rules Criminal Procedure, Rules 3.800 and 3.850. Unfortunately, these rules cannot be currently utilized by Mr. Howell. The trial court does not have jurisdiction currently to change the adjudication of guilt to a withhold of adjudication because the time period to request a modification has expired. Additionally, Florida Rule of Criminal Procedure 3.850 would not apply to Mr. Howell because he is not a prisoner in custody as required by the rule. As a result, Mr. Howell is not entitled to relief from the trial court regarding the court's determination to adjudicate him guilty of this charge. Additionally, Mr. Howell only had 30 days to file an appeal of the court's sentence to the Fifth District Court of Appeals. Thus, all of Mr. Howell's judicial remedies regarding the court's decision to adjudicate him guilty expired by July 1, 1989. As a result, Mr. Howell's sole remedy was to seek restoration of his civil rights before the Board of Clemency. As we have discussed, Mr. Howell was recommended and approved for restoration of his civil rights in this matter. Thus, because his civil rights have been restored, he is currently qualified to hold office. Please contact me if I can provide further assistance in this matter. Attachment RFB/jam 264336.51 Page - 2 - ;TATE OF FLORIDA IaWTOy 0111,15.COV(2.at•CHAIA..w y�r t3Ra 8..HOATMAvt.sPCYETABr OF STATE -s+► 3 1 near NI SON.rtgosuict2 ROBERT A.6CTTEl ,QgTN.ArroRN[r CEvEtti FLAN,:t• GROG+w.Cb►u►�ISSIQNts OF[Ol`U[ION RObtrr E s u.IOAN.COmPrRpLlEt 4041 BOB to tW►ORD,CO��>•+KS�Et Of AUtICL'L1URE •ti.es.JANET N.KEELS.COOROi mmt PMMONE.a58/48e-29f2 V 4FF7CE OF EXECUTIVE CLEMENCY 2eoI BLAJASTCNE?OAC 3L8t 3 C.ROQsr 229 TALLAMAEiBQE•f LORIOA 32399.24$Q May 11, 1998 Mr. Danny Lane Hoy/till 895 Marlene Drive Ocoee, FL 34761 Dear Mr. Howell: The Governor with • ice members of the Cabinet have signed Executive ' Order 98C-118, dared May 11, 1998, and have authorized me to issue the ' enclosed certificate ung you restoration of civil rights except the specific authority to own, poss or use a firearm. Sincerely ,/ .:,../ Janet Keels Coordinator Enclosure , cc: Florida Parole Cornnisivn i • -- - , . rit :-..==="= "c==mo•=2=401===inc===usic="4==ww===1",,,...,f.s ... U ig, . _.,.... r.,,,4 Aiff,;.., `_ri OFFICE OF EXECUTIVE CLEMENCY Tallahassee, Florida CERTIFICATE OF RESTORATION OF CIVIL RIGHTSII [I WHEREAS, the Coverrior with the concurrence of the requisite members of the Cabinet of the State of Florida have filed an Ezecucive Order on Lary of the State, in cvmpttance withS. , 19 --ARB. with the Score- ! IV, Section 8 Constitution of the State of Florida, which grants DANNY LANE HOWELL restoration of civil rights, except the specific authority to possess or own a firearm for any and all felony con- victions in the State of Florida and/or restoration of civil convictions in any state other than Florida, or to any United State ce ount of Florida for any and all felony person nwhich thls been duly discharges! from imprisonment and/or parole. adult military court for which this Perms has not been her tom granted clemency. `On'muniq control or probation, and for NOW, THEREFORE, I, the Coordinator of the Office of Executive Clemency. Pursuant to and by virtue of the authority vested it me by the Governor with the concurrence of the requisite embers of the Cabinet of the State of Florida. co hetes!, issue this certificate to 1 DANNY LANE HOWELL, EC# 185308 DOB: 09/22/50 and the same shall be evidence to all persons that this person is restored to all civil-rights in this Seta,txeepc the :osrcittc authority to possess or own a firearm, lost been convicted of in the State of Florian and/or any felonyreason of any and all felonies stare, this person may have court. conviction in another state, federal, or military 1/`2= May Dated this day of 98 A.D.. 19 /I t� Zi+f ~�•� ff � COOFtDI>•1�TQR rOLEY & LARDNER ATTORNEYS AT LAW FILE COP� CHICAGO POST OFFICE BOX 2193 SA IEGO JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 TALLAHASSEE MADISON ORLANDO, FLORIDA 32801-2386 TAMPA MILWAUKEE TELEPHONE(407)423-7656 WASHINGTON D.C. SACRAMENTO FACSIMILE(407)648-1743 WEST PALM BEACH WRITER'S DIRECT LINE MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney &L..- DATE : January 12 , 1998 RE: Qualifications of Mr. Howell to Hold Elected Office Danny Howell has recently brought to our attention certain information which raises a question regarding his qualifications to continue to hold the elected office of Ocoee City Commissioner. The purpose of this memorandum is to advise the City Commission regarding the information which has been brought to our attention, the applicable law affecting Mr. Howell, and the options available to the City Commission. Please note that the Florida Sunshine Law is applicable to the subject matter of this memorandum and that all communications between members of the City Commission should be at public meetings of the City Commission. BACKGROUND: Mr. Howell has advised us that approximately ten years ago he pleaded no contest to a third degree felony charge involving a worthless check in the approximate amount of $200 . 00 . He advises that his now ex-wife withdrew funds from their checking account without his knowledge during their divorce proceedings and that her action caused his check to become worthless . He was represented by the Public Defender in the proceeding which resulted in an adjudication of guilt and was placed on three years probation with the right to seek an early termination of the probation after twelve months. Conviction of a felony results in the suspension of a persons civil rights until such rights are restored as provided by law. Approximately one year after his conviction, Mr. Howell advises us that he contacted the Supervisor of Elections Office to inquire as to how he could get his voting rights restored and that ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALE%WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,PARIS,SINGAPORE,STUTTGART AND TAIPEI he subsequently received in the mail a voter registration card. Mr. Howell incorrectly believed that receipt of the voter registration card meant that his civil rights (including his voting rights) had been restored and that no further action was required. In fact, it is necessary to apply to the Governor in order for a convicted felon to have his civil rights restored. Mr. Howell recently became aware of the situation during a criminal records search undertaken in connection with a minor traffic infraction. Mr. Howell is now in the process of applying for the restoration of his civil rights, including the right to vote. However, as of this date, his civil rights have not been restored and the City has confirmed that he has a criminal record which reflects a conviction of a third degree felony. Commissioner Howell brought this information to our attention in order to determine the impact, if any, on his ability to continue to hold elected office . In preparing this memorandum, we have not undertaken any independent inquiry of the facts as presented to us by Mr. Howell . APPLICABLE LAW: Absent the receipt of information indicating that the criminal . records incorrectly state the results of his conviction and the status of his civil rights, Mr. Howell is a convicted felon who has not had his civil rights restored. Our legal analysis is based on the assumption that there is no change in the facts as presented. Section 4 of Article VI of the Florida Constitution clearly addresses the legal impact of a felony conviction by providing as follows : "No person convicted of a felony . . . shall be qualified to vote or hold office until restoration of civil rights . . . " The procedure for restoration of civil rights is set forth in Section 8 (a) of Article IV of the Florida Constitution, to wit : civil rights are restored by the Governor with the approval of three members of the Cabinet . In addition, the provisions of Section C-il of the Ocoee City Charter provides as follows with respect to the qualifications to hold elected office: "Only qualified electors of the City shall be eligible to qualify for and to hold the offices of Mayor and Commissioner. " The provisions of Section 166 . 032, Florida Statutes, set forth the following standards in order to be a "qualified elector" : -2- "Any person who is a resident of a municipality, who has qualified as an elector of the state and who registers in the manner prescribed by general law and ordinance of the municipality shall be a qualified elector of the municipality. " In implementation of the constitutional provision, Section 97 . 041 (2) (b) , Florida Statutes, provides that a person who has been convicted of a felony by any court of record is not qualified to register or vote unless his right to vote has been restored pursuant to law. The incorrect issuance to Mr. Howell of a voter registration card does not act to restore his civil rights or otherwise make him a qualified elector. Accordingly, it is our opinion, based upon the information provided by Mr. Howell, that (i) he is disqualified from holding elected office or being eligible to register to vote until his civil rights have been restored in accordance with Florida law, and (ii) he was not at the time of his election and currently is not a qualified elector under the provisions of state law and the Ocoee City Charter. Pursuant to Section C-10 of the City Charter, the City Commission is the "judge of the election and qualifications of its members and of the grounds of forfeiture of their office" . The. provisions of Section C-17 .B of the City Charter are relevant to the Commission' s determination as to whether or not Mr. Howell should forfeit his office. That Section provides as follows : "Any member of the City Commission shall forfeit his office if he lacks at any time during one' s term of office any qualification for the office prescribed by this Charter or by law or is convicted of a felony or any crime involving moral turpitude. The provisions of this subsection shall be exercised in accordance with the provisions of Section C-10 . " Based upon the foregoing, it is our opinion that (i) Mr. Howell lacks the legal qualifications to hold office under the City Charter, (ii) Mr. Howell is subject to having his office forfeited and declared vacant by the City Commission or by the Governor under the provisions of Section 114 . 01, Florida Statutes, and (iii) the City Charter calls for the forfeiture of his office due to lack of the legal qualifications. While Mr. Howell lacks the legal qualifications necessary to hold the office of Ocoee City Commissioner, such disqualification does not operate to automatically remove him from office absent action of the City Commission, the Governor, or a court order issued in a quo warranto or other applicable proceeding. Under the current circumstances, it appears that Mr. Howell is an "officer de facto" by virtue of his election and the certification of the election by the Canvassing Board. An officer (or Commissioner) de facto is a Commissioner actually in possession of a public office -3- and discharging its duties under color of some right, such as an election, notwithstanding that such election may be void for lack of qualifications . As a general statement, Mr. Howell' s actions in discharging the duties of his elected office would appear to be valid and binding as an officer de facto until such time as he may be removed from office. (See Section 12 . 17, McQuillan' s on Municipal Corporations; See AGO 073-193 . ) As noted above, Mr. Howell is currently attempting to have his civil rights restored. This raises a question as to what would happen if his civil rights were restored prior to his removal from office . This issue appears to have been address by the Florida Supreme Court in a 1937 decision entitled Tillson v. State. In that case, the Court found that a City Commissioner who lacked the necessary qualifications for office at both the time of qualification for the election and at the time he assumed performance of the duties of the office and then subsequently became qualified to hold such office was not lawfully entitled to hold the office and exercise the powers and duties thereof . Accordingly, the Florida Supreme Court affirmed a judgment of ouster in a quo warranto proceeding to remove the City Commissioner from office. OPTIONS AVAILABLE TO CITY COMMISSION: The City Commission is the judge of the election and qualifications of its members . Accordingly, the issue presented to the City Commission is whether or not it should take action to remove Mr. Howell from the office of City Commissioner due to his lack of qualifications to hold office. In the event the City Commission pursues such action, then Mr. Howell would be entitled to demand a public hearing with notice thereof published at least seven days prior to that hearing. In the absence of a waiver of the public hearing by Mr. Howell, it is my recommendation that any such action be taken only after a properly noticed public hearing. Any decision of the City Commission would be subject to review by the courts. In the event the City Commission takes no action to remove Mr. Howell from office, then he would continue to serve as an officer de facto unless otherwise removed by the Governor or by a court order. However, in such event, there could be circumstances in which disclosure would be required or in which we would be unable to render an opinion to third parties regarding the validity of a Commission action approved by a 3 to 2 vote in which Mr. Howell votes in the majority. For example, a disclosure would be required in connection with any tax exempt financing undertaken during the remainder of Mr. Howell' s term. If the City Commission votes to remove Mr. Howell from office for the reasons set forth above, then there would be a vacancy in the City Commission seat for his District . The provisions of Section C-17 .0 of the City Charter addresses the filling of vacancies and requires that the City Commission select an eligible -4- person within 30 days of the vacancy to serve until the successor is elected. If a general city election will not be held within six months, then the successor is elected at a special election called by the City Commission within 30 days of the vacancy. Otherwise, the successor is elected at the next general city election. In either event, the successor serves the unexpired term of the member who created the vacancy. RECOMMENDATION: It is my recommendation that this matter be placed on the next City Commission agenda for discussion to determine what action, if any, the City Commission desires to take. In connection with any vote, Mr. Howell would have a conflict which would require that he abstain. In the meantime, if you have any questions regarding this memorandum, please do not hesitate to contact me. PER:wyd cc : Mr. Ellis R. Shapiro, City Manager Mrs . Jean Grafton, City Clerk A:\COMMIS.10611/12/98IDISK IPER:jed -5- Ocoee City Commission Regular Meeting January 20, 1998 The public hearing was reopened. Mr. Harold Switzer, 609 E. Lakeshore Drive, spoke against the passing of this Ordinance. The public hearing was closed. Mayor Vandergrift directed staff to extend a special invitation to the Board of Adjustment for the next Commission meeting. RECESS - 8:52 p.m. - 9:05 p.m. OTHER BUSINESS FIRST READING OF ORDINANCES - SECOND READING AND PUBLIC HEARING SCHEDULED FOR FEBRUARY 3, 1998. ORDINANCE No. 98-03, ANNEXING GRAFTON PROPERTY AT FULLERS CROSS ROAD/OCOEE- APOPKA ROAD. ORDINANCE No. 98-04, ZONING GRAFTON PROPERTY. City Attorney Rosenthal read these Ordinances by title only. Mayor Vandergrift announced the second reading and public hearing of Ordinances 98-03 & 98-04 to be February 3, 1998, at 7:15 p.m. DISCUSSION/ACTION RE: QUALIFICATIONS OF MR. HOWELL TO HOLD ELECTED OFFICE. City Attorney Rosenthal noted that Commissioner Howell had recently presented information which raises a question regarding his qualifications to continue to hold the elected office of City Commissioner. He gave an overview of his staff report, presenting Commission with several options on how to deal with this issue, i.e., (1) do nothing, or (2) move forward to remove Commissioner Howell from office. Mayor Vandergrift, and each Commissioner in turn, expressed support for Commissioner Howell. \ .. Former Commissioner Gleason, 856 Hammocks Drive, asked if it were appropriate for citizens to contribute to a fund for Commissioner Howell to hire an attorney and pledged $250. City Manager Shapiro said Attorney Russell Bergin has been informed as to details regarding Commissioner Howell's situation and he could be appropriately engaged by the City. After lengthy discussion ensued, Commissioner Glass, seconded by Mayor Vandergrift, moved to set a public hearing regarding this issue for October 6, 1998. Motion carried 4-0 with Commissioner Howell abstaining. Without objection, Commission authorized and directed that Attorney Russell Bergin conduct an investigation regarding the factual circumstances surrounding the qualifications of Commissioner Howell to hold elected office and to report back to Commission in connection with the public hearing scheduled in October 6, 1998. ...) 4 The Orlando Sentinel, Tuesday, September 22, 1998 NOTICE OF PUBUC HEARING-CITY OF OCOEE Pursuant to Section C-10 Of the Ocoee City Charter and action tak- en in the January 20,1998 Ocoee City Commission Regular Ses- sion,please be advised that a public hearing will be held on Tues- day, October 6, 1998 at 7:15 p.m., or as soon thereafter as possible,for the Ocoee City Commission to judge the Qualifications of District One Conhrnissioner to hold office.Interested parties may appear at the meeting and be heard with respect to the proposed action, NOTICE:Any person who desires to appeal any decision made by commission with respect to any matter considered at such meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is based.Persons with disabilities needing assistance to participate in nay of these proceedings should contact the Office df the City Clerk,150 N.Lakeshore Drive,Ocoee,FL 34761,(407) '656.2324 EXT.146,548 hours in advance of the meting Jean Grafton- Crty Clerk September 22,1998 C0R2338T31 SEPTEMBER 22,1998