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HomeMy WebLinkAboutIII(A) Approval And Acceptance Of Minutes Of City Commission Regular Meeting Of February 4, 1997 AGENDA 2-18-9 7 , Item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD FEBRUARY 4, 1997 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Reverend Luis Pluguez led in the prayer, and Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass (arrived at 8:05 p.m.), Gleason(arrived at 7:40 p.m.), and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Personnel/Employee Relations Director Psaledakis, Senior Planner Horne, Planning Director Wagner and City Clerk Grafton. ABSENT: NONE. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift announced the birth of City Attorney Rosenthal's baby boy, Matthew David Rosenthal,born on February 3rd at 1:49 a.m. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, and H. Commissioner Gleason, seconded by Commissioner Johnson, moved to approve the consent agenda as presented. Motion carried 4-0. (Commissioner Glass was not present.) A. APPROVAL AND ACCEPTANCE OF MINUTES OF CITY COMMISSION REGULAR MEETING OF DECEMBER 17, 1996. B. APPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE TERMINATION OF SAMANO DEVELOPERS AGREEMENT,PHASE I. C. APPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE D. APPROVAL AND AUTHORIZATION FOR USE BY POLICE DEPARTMENT OF FORFEITURE FUNDS FOR COMPUTERS AND EQUIPMENT. -- E. APPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER No. 3 WITH WHARTON-SMITH FOR FOREST OAKS AND SOUTH WATER TREATMENT PLANT GROUND STORAGE TANKS AND WELL PUMPS. F. APPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE ADDENDUM No. 97-1 PROVIDING FOR DESIGN AND BIDDING PHASE SERVICES FOR THE EXPANSION OF EFFLUENT DISPOSAL PONDS TO PEC'S CONTINUING CONTRACT IN THE NOT-TO- EXCEED AMOUNT OF$31,153.00. G. APPROVAL AND AUTHORIZATION TO GRANT FEE WAIVER FOR IGLESIA CHRISTIANA NUEVA VIDA(New Life Christian Church of Ocoee). H. APPROVAL AND AUTHORIZATION TO TRANSFER FUNDS ($43,084.29) FROM THE HACKNEY PRAIRIE ROAD FUND TO THE ROAD IMPACT FUND. Ocoee City Commission Regular Meeting �1 C► February 4 1997 Ca COMMENTS FROM CITIZENS/PUBLIC Pastor of the New Life Christian Church, Luis Pluguez, spoke about the church going through the process of renting space from what used to be the Sun Bank on Ocoee/Apopka Road and Silver Star;but that hopefully they would be there soon to provide a new church for the large spanish speaking community as well as to serve the city. Carmen Hamby, 789 Pine Street, expressed the need for sidewalks on Palm Drive and Pine Street. City Manager Shapiro said that those sidewalks are in the 5 year plan, but that it can be reviewed at mid-year and make those sidewalks a higher priority. Mr. Hamby also asked if he had to go to Code Enforcement to complain about junked cars or could something be done without his reporting the cars. City Manager Shapiro gave him the RSVP number to call, (656- 2218) and said that it would take about 45 days to see the results. Steve Anderson, 1716 Ison Lane, asked about the Police Department's progress regarding the boaters on Hackney Prairie Lake that he reported 2 weeks ago. Chief Mark said that they were working on it. Thomas Bohn, new Executive Director of the West Orange Chamber of Commerce, said that he was looking forward to keeping the positive relationship between the City of Ocoee and the West Orange Chamber of Commerce, and to working on the whole host of projects and problems that the municipalities in the area face. He said that his office is open to anyone for any help or questions at any time; and he invited everyone to the February 21st Chamber banquet. PUBLIC HEARINGS SECOND READING OF ORDINANCES BURNDEN PARK ANNEXATION(Phase II), Case No. AR-95-08-04. ORDINANCE No. 97-06,ANNEXING BURNDEN PARK,PHASE II. City Attorney Rosenthal read title only. Senior Planner Horne gave the Staff Report, with overhead display, and stated that Staff recommended adoption pending execution of the development agreement. (Mayor Vandergrift left the table at 7:53 p.m.) Public hearing opened by Mayor pro tem Johnson. R. P. Mohnacky, 1820 Prairie Lake Road, expressed concerns about the possible flooding of Prairie Lake, and suggested that perhaps it should be dredged to avoid flooding. Staff assured Mr. Mohnacky that measures had been taken to prevent flooding. Public hearing closed. (Mayor Vandergrift returned to the table at 8:03 p.m.) (Commissioner Glass arrived at 8:05 p.m.) 2 Ocoee City Commission Regular Meeting C"1� February 4, 1997 l� Commissioner Gleason inquired as to whether the access to Mrs. Meeks' property that had been discussed in the January 14th Planning and Zoning Commission meeting had been addressed. Senior Planner Horne said that it had, and City Attorney Rosenthal added that it would be addressed when it comes back before the Commission. Alexander Mackinnon, Hargreaves Corporation Representative, said that they have designed a piece of road so that she could have access to her property, and that the preliminary site plan was being reviewed. Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 97-06, Annexing Burnden Park, Phase II. Motion carried 5-0. Mayor Vandergrift announced Commissioner Anderson's and Commissioner Johnson's birthday, and the Ocoee Rent-a-Choir sang Happy Birthday to both. ANNEXATION AND DEVELOPMENT AGREEMENT. Senior Planner Horne gave the Staff Report, explained the location of said property, and said that Staff recommended approval. Mrs. Horne then made herself available for questions. Mayor Vandergrift, seconded by Commissioner Anderson, moved to approve the Annexation and Development Agreement of Burnden Park Phase II. Motion carried 5-0. ORDINANCE No. 97-07, REZONING BURNDEN PARK,PHASE II. City Attorney Rosenthal read title only. Senior Planner Horne gave the Staff Report and said that the Planning Department recommended approval of the requested rezoning to a R-1A, Single Family Dwelling District, and adoption of Ordinance 97-07. Public hearing was opened and closed. Commissioner Gleason, seconded by Commissioner Glass, moved to adopt Ordinance 97-07, Rezoning Burnden Park, Phase II to R-1, Single Family Dwelling District. Motion carried 5-0. LOCAL LAW ENFORCEMENT BLOCK GRANT. Chief Mark gave the staff report and explained that in September of 1996, the Ocoee Police Department was awarded $21,7155.00 in grant money from the U.S. Department of Justice. The grant, which was awarded based on statistics reported in the Uniform Crime Report, allows for the hiring of an officer. This officer will be used to free up another to perform the duties of a youth services officer. This officer would work in the capacity of supervisor, at the rank of sergeant, under the direct supervision of the administrative commander, and would be responsible for the supervision of the School Resource Officer, the DARE Officer and the school crossing guards. Staff recommended approval. Mayor Vandergrift, seconded by Commissioner Glass, moved to approve the use of the Law Enforcement Block Grant towards the establishment of a youth services officer. Motion carried 5-0. OTHER BUSINESS DISCUSSION/ACTION RE: AUDIT REPORT. Finance Director Horton introduced Eldon McDirmit, of McDirmit, Davis, Lauteria & Company, P.A. Mr. McDirmit explained that they have completed the independent audit of 3 Ocoee City Commission Regular Meeting Du8 LF February 4, 1997 the City's accounting records for fiscal year 1995/1996. Also, Mr. McDirmit went on to say that it was one of the best and cleanest audits that they had done, and he commended the Staff in the Finance Department. He also commended the City Commission for making the large commitment to upgrade the City's computer system during the fiscal year ending September 30, 1997. City Manager Shapiro publicly thanked Mr. McDirmit's group for their efforts toward the recent Bond issue. Commissioner Gleason, seconded by Commissioner Anderson, moved to accept the Audit Report, and thank Finance Director Horton, Staff, and Mr. McDirmit's Company. Motion carried 5-0. DISCUSSION/ACTION RE: SETTLEMENT WITH CITY OF ORLANDO RE: SIX-CENT GAS TAX PROPOSAL. Commissioner Glass declared a conflict of interest because he was employed by the City of Orlando and he abstained from voting in this issue. (See attachment No. 1.) City Manager Shapiro gave the Staff Report recommending approval and explaining that the local state legislative delegation supported the City's position regarding the 6-cent gas tax and its distribution. The City of Orlando took exception to the legislative decision and promised to file legal proceedings against the State of Florida to set aside their actions last year. Since that time, the City of Orlando and Orange County have agreed to a settlement calling for a graduated phase-out of Orlando and other cities in Orange County away from the current local agreement to a pure population distribution formula. Mayor Vandergrift, seconded by Commissioner Anderson, moved to agree in concept with the proposed settlement between Orlando and Orange County as outlined in Jack Douglas's letter dated 1/29/97. Motion carried 4-0. Commissioner Glass abstained. DISCUSSION/ACTION RE: VOLUNTEER MONTH. City Manager Shapiro explained that the City Commission last year authorized Staff to arrange an appreciation dinner for all volunteer boardmembers which was finally completed in February at a cost of approximately $4,500.00. He asked for direction for volunteer recognition this year, and advised that the balance in Contingency is $62,455.47. Mayor Vandergrift suggested a picnic/covered dish affair. Commissioner Anderson suggested that a dinner similar to last year's take place at Health Central. Commissioner Glass, seconded by Commissioner Anderson, moved to transfer $4,500.00 from Contingency to fund a Volunteer Appreciation Dinner and that the dinner be held at Health Central with the date to be determined by Staff Motion carried 5-0. NON AGENDA ITEM. Commissioner Johnson moved to give $250.00 to the Ocoee Christian Athletes Middle School Program, seconded by Commissioner Gleason. Motion carried 5-0. 4 Ocoee City Commission Regular Meeting L1 1 February 4, 1997 -�' -L Li DISCUSSION/ACTION RE: CHANGE FROM HMO TO PPC CARE MANAGER POLICY. Risk Manager Peggy Psaledakis gave the Staff report, explaining that she had negotiated with Blue Cross/Blue Shield to provide the PPC Care Manager Policy to our HMO employee participants. The cost is the same as it is now, the benefits are the same; however, the employees will receive the additional option of going out of the network, which under an HMO policy is never allowed. Commissioner Gleason, seconded by Commissioner Glass, moved to approve the change from the City's Blue Cross and Blue Shield HMO to the Blue Cross and Blue Shield PPC Care Manager Policy. Motion carried 5-0. Discussion/Action re: Gifts for Outgoing Elected Officials and Department Heads. Commissioner Johnson declared a conflict of interest as he is not running for re-election and so would benefit from this action. (See attachment No. 2.) Personnel Director Peggy Psaledakis gave the Staff Report and explained that, although not a practice of this City, traditionally a symbolic gift is given to outgoing elected officials and department directors. She proposed this Commission adopt a policy where the above individuals receive one of the following gifts upon departure from City Service: A Boston Rocker, The Standard Chair, or the Heritage Lamp. The funds for these gifts would come from the Operating budget or from the Personnel budget. Commissioner Gleason proposed that the same gifts be given to employees who are retiring after 15 years of service to the City. Mrs. Psaledakis suggested 10 years. Commissioner Gleason, seconded by Commissioner Anderson, moved to adopt the policy of gifts as presented for outgoing officials and employees who are retiring after 10 years of service to the City. Motion lost 3-1 with Commissioner Gleason voting yes. Commissioner Johnson abstained. Commissioner Anderson, seconded by Commissioner Gleason, moved to adopt the policy of gifts as presented for outgoing elected officials, department heads and employees retiring after 10 years of service. Motion carried 4-0. Commissioner Johnson abstained. DISCUSSION/ACTION RE: SAWMILL SUBDIVISION- 40' EMERGENCY ACCESS. Mayor Vandergrift left the table during this presentation. City Attorney Rosenthal gave the Staff Report and explained that there was a proposed agreement with the Sawmill Subdivision Homeowners Association to pave an extension of Timber Ridge Trail, and relocate the crash gate; and in exchange, the Association is going to . convey tracts L and J, which are owned by the Association, to the City. The estimated cost for construction of this project is $7,000.00, which could be transferred from General Fund Contingency, which has a current balance of $62,455.40. Staff recommended that the City Commission authorize the Mayor and City Clerk to execute the referenced Agreement, authorize construction of the referenced improvements and authorize the transfer of $7,000.00 from the General Fund Contingency. Commissioner Gleason, seconded by Commissioner Glass, moved to approve the referenced Agreement, authorize the Mayor and City Clerk to execute, and authorize the transfer of $7,000.00 from the General Fund Contingency. Motion carried 4-0. (Mayor Vandergrift was not present.) 5 Ocoee City Commission Regular Meeting J JU Li U U February 4, 1997 DISCUSSION/ACTION RE: ADDENDUM No. 3 TO L. J. NODARSE'S CONTRACT FOR PROFESSIONAL GEOTECHNICAL ENGINEERING AND TESTING SERVICES FOR STORY RD./KISSIMMEE AVE./MARSHALL FARMS RD./MAGUIRE RD. INTERSECTION IMPROVEMENT PROJECT. (Mayor Vandergrift returned to the table.) Assistant City Engineer/Utilities Director Wheeler gave the Staff Report and explained that this addendum would authorize L.J. Nodarse to provide Geotechnical and Construction Materials Testing Services for the Story Road/Kissimmee Avenue and Marshall Farms/Maguire Road Intersection Improvements Project. Staff recommended that the City Commission authorize the Mayor and City Clerk to execute Addendum No. 3 to the Agreement for Professional Geotechnical Engineering and Testing Services with L.J. Nodarse & Associates, Inc. in the not- to-exceed amount of $17,700.00 to provide geotechnical and construction materials testing services for the Story Road/Kissimmee Avenue and Marshall Farms/Maguire Road Intersection Improvements Project. In addition Staff requested that the City Commission authorize the Engineering Staff to be able to exceed this initial set amount in the event that construction activity requires, only up to $2,300, for a total not to exceed amount of$20,000.00. Following discussion, Commissioner Gleason, seconded by Commissioner Glass, moved to authorize the Mayor and City Clerk to execute Addendum No. 3. to the Agreement for Professional Geotechnical Engineering & Testing Services with L.J. Nodarse & Associates, and in addition, that Engineering Staff be authorized to exceed the initial set amount of$17,700.00, if construction activity requires, only up to $2,300 for a total not to exceed $20,000.00. Motion carried 5-0. APPOINTMENT TO BOARDS: CODE ENFORCEMENT BOARD - LINDA SANTO RESIGNED EFFECTIVE IMMEDIATELY. HER 3 YEAR TERM EXPIRES AUGUST 1999. Mayor Vandergrift asked that Linda Santo be sent a letter or certificate of appreciation for her years of service to the City. Commissioner Johnson, seconded by Commissioner Anderson, moved to appoint David "Kent" Skiles to complete Linda Santo's term. Motion carried 5-0. CITIZENS ADVISORY COUNCIL TO POLICE DEPARTMENT - NELL MINOR'S TERM EXPIRED FEBRUARY 1997, NOW WISHES TO BE REAPPOINTED. Mayor Vandergrift, seconded by Commissioner Glass, moved to reappoint Nell Minor to the Citizens Advisory Council to the Police Department. Motion carried 5-0. STAFF REPORTS: None. COMMENTS FROM COMMISSIONERS: Commissioner Gleason: 6 Ocoee City Commission Regular Meeting February 4, 1997 � LJ LI � J 1) Reported that an excessive amount of sand has piled up on both the south and north dock. City Manager Shapiro said that he would advise the City Engineer and something would be done. 2) Regarding the sidewalks on the east side of White Road, he asked if the land involved belonged to Florida Power. City Manager Shapiro responded that it belonged to Florida Power and a church and it could be reduced down. 3) Congratulated City Attorney Rosenthal and his wife, Maxine, on the birth of their son, Matthew David. 4). Announced the Ocoee Woman's Club Political Forum for all candidates on February 11, from 7 to 9 p.m. 5) Announced the charter review Public Hearing on February 10 at 7 p.m. Commissioner Glass: 1) Said there has been a lot of construction activity in his neighborhood and other areas on Sundays, as well as bunching of signs over the weekend (some without permits), all of which are prohibited. He asked that the Code Enforcement officers take care of that. 2) Congratulated Mr. Rosenthal and advised him to not wait for things to get back to normal and just get used to it Commissioner Anderson: 1) Announced the Bass Tournament on February 22 on Starke Lake and Green Valley Golf Tournament in Clermont on March 9 to raise money for the Big Orange Games scheduled for May 3. He announced also the Recreation Department telephone number for citizens to call for further information. Commissioner Johnson: 1) Asked for a cost estimate for the traffic light at the intersection of Clarke Road and Ocoee-Clarcona Road an stressed the need for it to be installed. 2) Stressed again the need for a traffic light at the intersection of Fullers Crossing and Ocoee-Apopka Road because of the frequent wrecks there. City Manager Shapiro asked for authorization to write letters to express the need for the light. Commissioner Johnson, seconded by Commissioner Anderson, moved to authorize City Manager Shapiro to write letters to the officials who need to be advised of the dire need for a traffic light at that intersection. Motion carried 5-0. 3) Expressed his appreciation to his baby daughter for making the principal's honor roll in school. Mayor Vandergrift: 1) Reported on a letter from Howard Tipton to Mayor Land regarding the 1 cent sales tax dedicated to the environment and transportation needs with a sunset of 6 7 Ocoee City Commission Regular Meeting ® 6 n February 4, 1997 to 15 years. He asked that staff review it and report. City Manager Shapiro advised that a report had been submitted some months ago and that cities in West Orange need to have a discussion to determine just what they want to do with the tax. 2) Announced that the Woman's Club Political Forum would be aired February 12 and 13 at 7:00 p.m. 3) Announced that February 10 begins Random Acts of Kindness Week and urged all to participate. 4) Reported that some of his election signs have disappeared and advocated leaving the signs alone during the political season instead of having Code Enforcement officers spend their time picking up signs. Commissioner Gleason said that candidates just need to follow the rules and be sure to get permission from private property owners before they put up signs. He added that he thought the signs were being picked up by children, not officials or other candidates. 5) Announced that the Orange County Public Library System is looking for a 12,000 building to replace the West Orange Library in Winter Garden and asked that staff be directed to join the search. City Manager Shapiro advised that staff is looking now and will have a list of properties in 30 days. 6) Announced the receipt of a fax from the labor attorney requesting direction before he proceeds with negotiations with Mr. Broughton. City Manager Shapiro said he would direct his secretary to set up a meeting. ADJOURNMENT The meeting was adjourned at 9:40 p.m. Attest: APPROVED: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 8 ATTACHMENT NO. 1 TO 2/4/97 CO 4ISSION MEETING MINUTES FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L.\STT NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE IS1ASS v . rl4,vc( Ocoee CZ71y Co.„mey.r o.0 \IAILING ADDRESS THE BOARD. COUNCIL, COMMISSION, .AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 3,63 kreod. Gce e 61/. )(CITY . . COUNTY . : OTHER LOCAL AGENCY CITY V COUNTY �t NAME OF POLITICAL SUBDIVISION: UCv e Urkg'd ()Co-el' DATE ON WHICH VOTE OCCURRED MY POSITION IS: ✓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 equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. • INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should 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: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should 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 should incorporate the form in the minutes. ` DISCLOSURE OF STATE OFFICER'S INTEREST 1, � / 67/iss , hereby disclose that on /C - z , 19—L: (a) A measure came or will come before my agency which (check one) inured to my special private gain; or,-fi G nured to the special gain of - d1 of we' , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Sz m.p,t,71 c/ /v e4 l y ) 1 ^ft,5 714 5, 'AS. cre e:✓; G fy • 27/07 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 S5,000. FORM SB- 10-86 PAGE 2 ATTACHMENT NO. 2 TO 2/4/97 COMMISSION MEETING MINUTES FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA\IL'—FIRST NAME—MIDDLE NAME • NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Johnson, Rusty - Ocoee City Commission MAILING ADDRESS VHF BOARD. COUNCIL.. COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 1400 Kimberly Street XXcrry COUNTY OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Ocoee FL Orange Ocoee DATE ON WHICH VOTE OCCURRED MY POSITION IS: February 4, 1997 :XXELECTIVE 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 equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict,of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: • A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly:voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should 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: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a.government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should 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 should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, Rusty Johnson , hereby disclose that on February 4 19 97 • (a) A measure came or will come before my agency which (check one) .uinured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Gifts for outgoing elected officials and retiring employees/department heads. I am not running for re—electon after serving as Commissioner for District 1 since March, 1986. • C-; — 9 P/' 4/. r‘ Z Date Filed Signature ( NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 35,000. C=E FORM SB- 10 S6 PAGE 2