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HomeMy WebLinkAbout12-16-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD DECEMBER 16, 2003 A presentation ceremony was held at 6:30 p.m. prior to the regular meeting. 1. Tanc)'a Miller :MeLA..llister f..ward Presentation (Commissioner Anderson) 2. Lions Club Christmas Parade Trophy Presentation Cathy Sills introduced the winners of the trophies in the parade and assisted Commissioner Anderson and Commissioner Johnson in presenting the awards. CHURCHES 1st Starke Lake Baptist Church 2nd Living Waters Church 3rd KidsFocus Teen Tutor Team HM Harvest International Ministry & School COMMERCIAL 1st Manheim's Auto Auction 2nd All-In-One Entertainment 3rd Betty J's Florist HM Avon Products from Velma & Faye NON-COMMERCIAL 1st Tea Bags of Central Florida (Red Hat Society Chapter) 2nd Ocoee High School Class of 1965 3rd American Legion Post 109 HM Bahia Shriners YOUTH 1st Girl Scout Troop 32 2nd Girl Scout Troop 300 3rd White Tigers Shotokan Karate-Do HM tie: Ocoee Recreation Department and Cub Scout Pack 217 JUDGE'S FAVORITE Hope Charter School REGULAR CITY COMMISSION MEETING CALL TO ORDER Mayor pro tem Anderson called the regular meeting to order at 7: 15 p.m. in the Commission Chambers. Commissioner Parker led in prayer and Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, Assistant to the City Manager Shira, Building Official Phelps, Buyer Tolbert, City Clerk Grafton, Community Ocoee City Commission Regular Meeting December 16, 2003 Development Director Wagner, Human Resources Director Diedrich, Parks/Recreation Director Farmer, Police Chief Goclon, Public Works Director Wheeler, Senior Planner Grimms, and Support Division Chief McNeil. ABSENT: Mayor Vandergrift PRESENTATIONS AND PROCLAMATIONS Presentation - Founders' Day 2003 Report-Committee Chairman Miller. Michael Miller, Chairman of the Founder's Day Committee, gave a very positive report about the event and asked for volunteers for both the committee and to do the work next year, as this is an ongoing project. Mr. Miller and ParkslRecreation Director Farmer presented to each official framed autographed pictures of the musicians who headlined the event. Mr. Farmer presented one to Mr. Miller, and Commissioner Johnson commended Mr. Miller for his efforts and dedication, and thanked him for heading up such a successful celebration. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, announced the City had lost one of its most dedicated volunteer senior citizens, Mel Shaner, and said he would be missed. Mrs. Watts thanked those who had attended the senior citizens' special holiday dinners and events. R. P. Mohnacky, 1820 Prairie Lake Boulevard, said a possible solution (at a reasonable cost) for the cars crossing over the median on divided highways would be to put a living barrier or fence. He asked that this information be passed on to the Turnpike Authority. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the City of Ocoee calendars for 2004 are ready. Commissioner Johnson expressed sympathy for the families of those who passed away last week: Harold Maguire, Mel Shaner, and Mr. Demastus. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E. F, and G. Commissioner Parker. seconded bv Commissioner Johnson. moved to anorove and accent the consent allenda as oresented. Motion carried 4-0. Mayor Vandergrift was not present. City Attorney Rosenthal pointed out item G calls for a closed session on December 22,2003, at 6:00 p.m. to allow the Commission to discuss the Ryan litigation with its attorney. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Approval and Acceptance of Minutes of City Commission Regular Session of November 18,2003. (City Clerk Grafton) B. Approval and Authorization to Issue a Special Event Permit for the Temporary Closing of Sandy Beach Road for a Block Party. (Building Official Phelps) 2 Ocoee City Commission Regular Meeting December 16,2003 This event will be held on December 31, 2003, from 9:00 a.m. to 1 :00 a.m. on January 1,2004, and the applicant understands the standard requirements for road closure. C. Approval and Authorization for Mayor and City Clerk to Execute the West Orane:e Narcotics Task Force Ae:reement Update. (Police Chief Goclon) In 2003, the Ocoee Police Department entered into an agreement with Orange County Sheriff s Office and the Winter Garden Police Department, formalizing the West Orange Narcotics Task Force. This update will change the distribution of the shares of seized assets because the City of Winter Garden added an agent to the task force and staff recommends approval of the agreement. D. Approval and Authorization to Reject All Bids for Bid #B03-07-Sure:e Suppression System. (Buyer Tolbert) The Public WorkslUtilities Department and Finance Department reviewed all bids and staff recommends rejection of all bids and requests authorization to return all bid securities for this bid. E. Approval and Authorization for Mayor and City Clerk to Execute Addendum Proposal for Ene:ineerine: Services-Water Main Re-desie:n for the Old Winter Garden Road/Professional Parkway Project with Professional Engineering Consultants, Inc. (Public Works Director Wheeler) The addendum is for the re-design of the relocation of the water main on Old Winter Garden Road in the vicinity of the Citrus Medical Plaza development in the amount of$3,552.00 and staff recommends approval. F. Approval and Authorization for Mayor and City Clerk to Execute Addendum Proposal for Ene:ineerine: Services-Reuse Water Main Desie:n and Construction Services for the Old Winter Garden Road/Professional Parkway Project with Professional Engineering Consultants, Inc. (Public Works Director Wheeler) The addendum is for the design and construction services for the re-use main on Old Winter Garden Road and the Professional Parkway from Maguire Road to Blackwood Avenue in the amount of $26,654.00 and staff recommends approval. G. Request Special Meeting and Closed Session Meeting on Monday, December 22, 2003, at 6:00 p.m. (City Attorney Rosenthal) City Attorney Rosenthal has requested a Special Meeting and Closed Session Meeting on Monday, December 22, 2003, at 6:00 p.m. to discuss Ryan Suit on Maguire Road. PUBLIC HEARINGS Second Reading of Ordinance No. 2003-60, Amendine: Section 78-20 of Code Relatine: to Plan Review. (Fire Chief Strosnider) (Continuedfrom November 18,2003) City Attorney Rosenthal read the title only of Ordinance No. 2003-60. City Manager Gleason said he had scheduled a work session to go over all ofthe fees in January and would like to have this Ordinance included. Mr. Rosenthal said any changes the Commission wished to see addressed could be brought forward at this reading and then continue the public hearing until January 20. The public hearing was opened. 3 Ocoee City Commission Regular Meeting December 16, 2003 Mavor nro tem Anderson. seconded bv Commissioner Parker. moved to revise the orooosed Section 78-20 B.l) a. bv chanllinll the site olan review fee for multi-familv and sinllle-familv residential to $450 and revisinll Section 78-20.B.l ) b. to Commercial: 1 % value of construction. Motion carried 4-0. Mayor Vandergrift was not present. Mavor nro tem Anderson. seconded bv Commissioner Parker. moved to continue the oublic hearinll to the rellular meetinll scheduled for Januarv 20. 2004. at 7: 15 o.m. in the Commission Chambers. Motion carried 4-0. Mayor Vandergrift was not present. Prairie Lake PUD - Project #LS-02-003. (Community Development Director Wagner) Community Development Director Wagner gave the staff report for both of the Prairie Lake PUD items. Prairie Lake PUD is located on both sides of Clarke Road, between AD Mims Road and Hackney Prairie Road. It includes tracts for commercial development and tracts for multifamily development at varying densities, as well as a fire station. The Prairie Lake Reserve Preliminary Subdivision Plan includes Tract D of the Prairie Lake PUD (18.36 acres) as well as an additional adjacent tract ofland (20.69 acres). The Prairie Lake PUD Land Use Plan is being amended to include the additional 20.69 acre tract, so the entire Prairie Lake Reserve subdivision will be part of the PUD. Since it is part of the original Prairie Lake PUD, Tract 'D' is vested from concurrency issues. However, since it was not part of the original Prairie Lake PUD, Tract 'K' is not vested from concurrency issues. The Prairie Lake PUD allows multifamily or townhome units to be built on Tract 'D'. This amendment will also allow multifamily or townhome units to be built on Tract 'K'. However, since Tract 'K' still has a Low Density Residential Future Land Use designation, the net density of the townhomes that will be built on Tract 'K' must be no more than 4 dwelling units per acre. Mr. Wagner said the Development Review Committee had recommended approval subject to the Additional Condition of Approval No.6 on Sheet 2 of the Prairie Lake PUD Land Use Plan being modified to be consistent with Condition of Approval No. 64 on the Prairie Lake Reserve Preliminary Subdivision Plan. The Planning and Zoning Commission recommended approval. Staff recommended adoption of Ordinance No. 2003-62 approving the proposed Prairie Lake PUD Land Use Plan Amendment, date stamped received by the city on November 3, 2003, subject to making the change to Additional Condition of Approval No.6 as described on sheet 2 of the Land Use Plan, and also subject to execution and approval of an amended Development Agreement. He added that for the PUD, Tract F, and in the Preliminary Subdivision Plan, Parcel 2, (which is the lake and conservation area around Prairie Lake) is part of the perimeter pathway preservation area being assembled and should be dedicated to the City for a pathway and passive open space area. Second Reading of Ordinance No. 2003-62 - Land Use Amendment City Attorney Rosenthal read the title only of Ordinance No. 2003-62. The public hearing was opened and, as no one wished to speak, was closed. Randy June, Developer, was present to respond to questions. Commissioner Parker. seconded bv Commissioner Johnson. moved to adoot Ordinance No. 2003-62 oer staff recommendation aoorovinll the orooosed Prairie Lake PUD Land Use Plan 4 Ocoee City Commission Regular Meeting December 16, 2003 Amendment. date stamoed received bv the Citv on November 3. 2003. subiect to makinll the chanlle to Additional Condition of Aooroval No.6 as described on sheet 2 of the Land Use Plan. also subiect to execution and aooroval of an amended Develooment Allreement. and also subiect to Tract F beinll dedicated to the Citv for a oathwav and oassive ooen soace area. Motion carried 4-0. Mayor Vandergrift was not present. Prairie Lake Reserve Preliminary Subdivision Plan City Attorney Rosenthal said the comments made earlier would be brought forward to this public hearing. The public hearing was opened and, as no one wished to add any comments, was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to aoorove Prairie Lake Reserve Preliminarv Subdivision Plan oer staff recommendation. subiect to execution and aooroval of an amended Develooment Allreement. and also subiect to Parcel 2 beinll dedicated to the Citv for a oathwav and oassive ooen soace area. Motion carried 4-0. Mayor Vandergrift was not present. Amendment to Development Ae:reement. (Not a public hearing) (City Attorney Rosenthal) City Attorney Rosenthal presented the Third Amendment to the Development Agreement, pointing out the highlights of the amendment. He recommended approval subject to confirmation of the receipt of a fully executed developer agreement with all of the necessary joinders and consents by mortgage holders. Mavor oro tem Anderson. seconded bv Commissioner Parker. moved to aoorove the orooosed Third Amendment to Develooment Allreement for Prairie Lake PUD subiect to confirmation of the receiot of a fullv executed Develooment Allreement with all of the necessarv ioinders and consents bv mortllalle holders. Motion carried 4-0. Mayor Vandergrift was not present. Ocoee Commons PUD - Project #AP-02-02-01. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, pointing out that Ordinance No. 2003-61 proposes an amendment to the Ocoee Commons PUD Land Use Plan adding an additional 9.12 acres to the PUD and a similar amendment is proposed to the Ocoee Commons PUD Preliminary Subdivision Plan. The Ocoee Commons PUD is located on the east side of Blackwood Avenue and north of SR 50. It includes commercial and multifamily areas south of the Shoal Creek wetland area that runs across the central portion of the site and a single-family residential area north of the Shoal Creek wetland area. The Ocoee Commons PUD Preliminary Subdivision Plan covers the same area, but gives more detail about lots and site development issues. The PUD Land Use Plan and Preliminary Subdivision Plan are being amended to include an additional 9.12 acre tract with frontage on SR 50. The additional land was annexed into the City at the same time as the Ocoee Commons PUD under the name "Kent Property." This amendment will incorporate the Kent Property into the PUD, allowing it to be developed as part of the overall master plan with shared 5 Ocoee City Commission Regular Meeting December 16, 2003 storm water management and shared access. Mr. Wagner reported these items had been reviewed by the Development Review Committee and Planning and Zoning Commission with favorable recommendations after their issues had been addressed. Staff recommended adoption of Ordinance No. 2003-61, Ocoee Commons PUD Land Use Plan Amendment and Ocoee Commons PUD, Preliminary Subdivision Plan Amendment, including the proposed new waiver for a "green wall," date stamped received by the City on November 5, 2003, subject to execution and approval of an amended Development Agreement. Second Reading of Ordinance No. 2003-61- Land Use Amendment The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner Parker. moved to adont Ordinance No. 2003-61. Ocoee Commons PUD Land Use Plan Amendment. includinl! the new waiver for a "l!reen wall." date stamned received bv the Citv on November 5. 2003. subiect to execution and annroval of an amended Develonment Al!reement. Motion carried 4-0. Mayor Vandergrift was not present. Commissioner Anderson said he wanted some protection for the residents regarding the green wall and Mr. Wilt Fagan responded it would be in the Declaration. Preliminary Subdivision Plan Amendment The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner Parker. moved to anDfove the Ocoee Commons PUD Preliminarv Subdivision Plan Amendment. includinl! the new waiver for a "l!reen wall." date stamned received bv the Citv on November 5. 2003. subiect to execution and anDfoval of an amended Develonment Al!reement. Motion carried 4-0. Mayor Vandergrift was not present. Amendment to Development Ae:reement. (City Attorney Rosenthal) City Attorney Rosenthal pointed out this was not a public hearing, but the amendments to the Ocoee Commons PUD Land Use Plan and Preliminary Subdivision Plan just adopted require an amendment to the Development Agreement and the Proposed First Amendment to Annexation and Development Agreement contains the new Conditions of Approval and Waiver Table set forth in the Amended Land Use Plan. Mavor oro tem Anderson. seconded bv Commissioner Parker. moved to anDfove the First Amendment to Annexation and Develonment Al!reement and authorize the execution thereof bv the Mavor and Citv Clerk. Motion carried 4-0. Mayor Vandergrift was not present. Resolution No. 2003-25, Kissimmee Avenue Right-of-Way Vacation - M.I. Ranchito. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Resolution vacating the public road right-of- way for Kissimmee Avenue from 10 feet south of Silver Star Road to the northern right-of-way 6 Ocoee City Commission Regular Meeting December 16,2003 line of Lee Street. Community Development Director Wagner gave the staff report, showing the location of the proposed M.1. Ranchita/Munguia, Inc. shopping center on the south side of West Silver Star Road between Taylor Street and Kissimmee Avenue. Mr. Wagner recommended approval and said the owner will dedicate a 10 foot right-of-way along Silver Star Road and the deed to that was to have been delivered to the City this week. He stated, however, he was reluctant to vacate the right-of-way until he had received the deed. John Webb, Senior Project Manager, said he felt it should be done as a part of the platting process. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner Parker. moved to adont Resolution No. 2003-25. subiect to and conditioned unon receint of the oril!inal warrantv deed to the Silver Star 10 foot ril!ht-of-wav and the Citv beinl! in a nosition to record that deed on an unencumbered basis contemnoraneous with the execution of the Resolution. Motion carried 4-0. Mayor Vandergrift was not present. OTHER BUSINESS Old Winter Garden Road Widening Project: City of Ocoee v. Dolores Jansvn (Parcel 116). (Assistant City Attorney Doty) Assistant City Attorney Doty gave the staff report, advising the Offer of Judgment on Parcel 116 was $42,000, and there were additional fees and costs which she has determined to be reasonable. Commissioner Howell. seconded bv Commissioner Parker. moved to accent the Offer of Judl!ment for Parcel 116 and authorize settlement of all fees and costs issues. and authorize the Mavor and Citv Attornev to execute all documents necessarv to finalize the matter. Motion carried 4-0. Mayor Vandergrift was not present. Ocoee Business Park - Project #LS-2001-007. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, noting that Ocoee Business Park is an industrial/commercial subdivision containing 102.97 acres situated along the south side of Franklin Street and encompassing lands just west of the Western Beltway (S.R. 429) to land just east of Bowness Road. The overall development consists often (10) industrial parcels of various sizes and two (2) commercial parcels along the south side of Franklin Street, as well as wetland areas to be preserved on the east side of Bowness Road and on the west side of the Western Beltway. The Preliminary Subdivision Plan for Ocoee Business Park was approved on October 1, 2002. The Final Subdivision Plan - Phase I involves the southeast portion of the subdivision comprising 9.802 acres, specifically Lot 1-1 and Lot 1-2. The improvements in Phase I are: location of a retention pond at the southeast corner, construction of a lift-station at the southwest corner or the intersection of the railroad tracks and Bowness Road, and construction of approximately 2/3 of the south portion of Ocoee Business Parkway westward into the subdivision. The proposed Amendment to the Development Agreement provides that the developer will construct a lift station on the City property and convey those improvements to the City by bill of sale. 7 Ocoee City Commission Regular Meeting December 16, 2003 City Attorney Rosenthal said the Final Subdivision Plan and the Amendment to Development Agreement could be acted upon with one motion. Final Subdivision Plan - Phase I Amendment to Development Ae:reement. (City Attorney Rosenthal) Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to aoorove the Final Subdivision Plan - Phase I for Ocoee Business Park. as date stamoed received bv the Citv on December 5. 2003. subiect to execution of the Amendment to the Develooment Allreement and execution of the conservation easement allreement for the wetlands to be oreserved. and to aoorove the First Amendment to Develooment Allreement and authorize the execution thereof bv the Mavor and Citv Clerk. Motion carried 4-0. Mayor Vandergrift was not present. Funding for Temporary Positions in the Building Division. (Building Official Phelps) Building Official Phelps gave the staff report and recommended authorization of the use of $50,000 from Contingency Funds to pay temporary employees, plans examiner, inspector and clerk as required to conduct required inspections and services including overtime. He also requested authorization to submit a proposed amendment to the FY 2003-04 budget for consideration. Commissioner Johnson. seconded bv Mavor nro tem Anderson. moved to aoorove staff recommendation as oresented. Motion carried 4-0. Mayor Vandergrift was not present. THIS ITEM WAS TAKEN OUT OF AGENDA ORDER Award ofRFQ #0401, to Provide Assistance in Formation and Establishment of a Community Redevelopment Association (CRA). (Buyer Tolbert) Buyer Tolbert gave the staff report describing the procedure and background ofRFQ No. 0401. Staff requested the Commission to award the bid to one of the top three short-listed firms and authorize staff to proceed with contract negotiations. Those firms were (listed according to the ranking by the committee) (1) Herbert Halback, Inc., (2) Land Design Innovations, (3) The RMPK Group, (4) Strategic Planning Group, (5) Civic Design. Ten-minute presentations were given by the each of the three top ranking firms, and their representatives responded to questions from the Commission. Commissioner Johnson. seconded bv Commissioner Parker. moved to award to (1) Herbert Halback. Inc.. (2) Land Desilln Innovations. and (3) The RMPK Grouo. and to authorize staff to oroceed with contract nellotiations with the firms in that order. accordinll to F.S. 287.055. and to authorize the Mavor. Citv Clerk. and Staff to execute all necessarv contract documents with the successful firm. Motion carried 4-0. Mayor Vandergrift was not present. Appointments to Boards (City Clerk Grafton) Personnel Board Commissioner Parker. seconded bv Commissioner Johnson. moved to aoooint Edward Johnson to comolete the term vacated bv Bettv Haller. said term endinll March 16.2005. Motion carried 4-0. Mayor Vandergrift was not present. 8 Ocoee City Commission Regular Meeting December 16, 2003 Citizen Advisory Council for Ocoee Fire Department Mavor oro tem Anderson. seconded bv Commissioner Johnson. moved to aoooint Wavne Thomoson to serve a three-vear term endinll Januarv 1. 2007. Motion carried 4-0. Mayor Vandergrift was not present. Citizen Advisory Council for Ocoee Police Department Commissioner Parker. seconded bv Mavor oro tem Anderson. moved to aoooint Richard Hart to serve a three-vear term endinll November 1.2006. and Louis Robert Torres to serve a three- vear term to end Januarv 1. 2007. Motion carried 4-0. Mayor Vandergrift was not present. Approval and Authorization for Mayor and City Clerk to Execute Fleet Maintenance Contract with the Florida Auto Auction of Orlando. (Public Works Director Wheeler) Public Works Director Wheeler gave the staff report, explaining Paragraph L of Section 5 of the Fleet Maintenance Contract allows the F AAO to adjust prices for its work activities starting in the second year of the five-year agreement. City Attorney Rosenthal noted this is not a new contract or an amendment to a contract, but rather consideration of a provision in the existing contract (commencement date October 2002) which allows for an annual price adjustment subject to its coming before Commission for approval. Commissioner Johnson stated he would not vote on this issue due to a conflict of interest. Mavor oro tem Anderson. seconded bv Commissioner Parker. moved to aoorove the 2003/04 Price Adiustment in the Allreement for Fleet Maintenance Services with Florida Auto Auction of Orlando as orooosed in their letter dated Julv 31. 2003. Motion carried 3-0. Commissioner Johnson abstained from voting and Mayor Vandergrift was not present. STAFF REPORTS City Manager Gleason said Carolyn Alexander, representing the Ocoee Woman's Club, requested the City consider a silver sponsorship ad in their January 31, 2004, annual fashion show for a total of $250.00. Commissioner Johnson. seconded bv Mavor Dro tem Anderson. moved to Durchase a silver soonsorshio ad for the Ocoee Woman's Club annual fashion show in the amount of $250.00 from Commission continllencv fund. Motion carried 4-0. Mayor Vandergrift was not present. COMMENTS FROM COMMISSIONERS Commissioner Johnson: 1. Said Principal Danny Axtell had asked what the surveyors were working on near Thornebrook Elementary School. Public Works Director Wheeler responded he did not know but would inquire. 2. Said to put the 7th Avenue issue on the January 6, 2004, agenda. 3. Said the National League of Cities Conference was outstanding, particularly the media class. Mr. Gleason noted Commissioner Johnson had received the silver certificate in his leadership 9 Ocoee City Commission Regular Meeting December 16,2003 training and has completed the classes for the gold level, and Commissioner Parker has received the bronze certificate and has completed the classes to receive the silver level. 4. Said Mel Shaner was still active in the CACOPD at his passing and he and Mr. Maguire would be sorely missed. Commissioner Parker: 1. Invited all to come to City Hall or Beech Recreation Center to pick up a City calendar. 2. Invited all to come into the Police Department and contribute a dollar for any of the many civic projects they do and receive in return a pen that has "Stolen from the Ocoee Police Department" on it. 3. Wished all happy holidays. Mayor pro tem Anderson wished all happy holidays and cautioned the citizens to be careful. ADJOURNMENT The meeting adjourned at 9:46 p.m. Attest: APPROVED: City of Ocoee ~: ~". . {) r: -.d ,~t-,'if tAJi.- S. Scott Vandergrift, Mayor 10 '" FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS CITY (j CD && DATE ON WHICH VOTE OCCURRED , D3 COUNTY kV~6 o OTHER LOCAL AGENCY LAST NAME-FIRST NAME :r()ttlJ>'~ MAILING ADDRESS ~ ~LECTIVE 0 APPOINTIVE WHO MUST FILE FORM 88 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. 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 the reverse side 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 inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate 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 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 min- utes 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 otherwise may participate 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 other side) CE FORM 8B - EFF. 1/2000 PAGE 1 J" APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1,~~__c1il!J.tl(.SD,'-(J.L.Lt'!lJ______, hereby disclose that on_____~~:'-1k=-------------------, 2003_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ________________________________________________; inured to the special gain or loss of my relative, ________________________________________________________; inured to the special gain or loss oC________________________________________________________________, by whom I am retained; or inured to the special gain or loss of __________________________________________________________________. which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Dat:~~;\------------------------------------ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, 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 88 - EFF. 1/2000 PAGE 2 / (