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HomeMy WebLinkAbout05-02-95 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS l.AST NA:\IE-FIRST NA:\lE-:\l\Dl)LE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COM:\lITTEE c, et:- 'UCs€r: CITY COUNTY , OTHER LOCAL AGENCY rot .s ~~'=- LJ'rtc..e- C-A. . Ot't.~ c.E" CI OC~El:- ELECTIVE 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. 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 reas.on, please pay close attention to the instructions on this form before completing the reverse side and filing the form. ~ ELECTED OFFICERS: INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES 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: ~ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~ecording 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. (I I fIR\!,OJ I()-~Ii PAGE I 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 minute of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, 'P ~L W. ,=e~""1'\.... , hereby disclose that on r'YIJ+.y ~ , 19Q.s- : (a) A measure came or will come before my agency which (check one) <:d to my special private gain; or C f'\'j spw&e) ~ 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: ~ (Y\~ Date Filed ~ tP'tJ- , ~(')... 0 Signature \..} ~---- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317 (1985), A FAILURE TO MAKE ANY REQUIRE~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE 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 $5,000. CE FOR\l 8B - \0-86 PAGE 2 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR '--' MEETING HELD MAY 2, 1995 CALL TO ORDER Mayor Vandergrift introduced Mayor of the Moment Kessy Ogubi, W.O.H.S., who then took the gavel and conducted the first portion of the meeting. Commissioner Foster led in the prayer and Crime Watch Commander Mary Myers led the pledge of allegiance. The roll was called and a quorum declared present. p~: .t~ lJ~,~ F~ J ~, t,.- ""~ ~~.~t1a~~/ PRESENTATIONS AND PROCLAMATIONS~~ ~" ~.~t::-,1".tl'.~_~ PROCLAMATIONS ~~~~ f.O:...t...~I~~1 M.O.M. Ogubi read proclamations proclaiming National Day 'of~ay 4, 1995, and Recognition of Charter Day - May 13, 1995. CONSENT AGENDA The consent agenda consisted of items A and B. Mayor Vandergrift noted for the record that on page 7 of the minutes in item A the reference to his coaching was an error, as he was not a coach at that time. Commissioner Gleason. seconded by Commissioner Glass. moved to aoorove the consent a2enda with the correction noted. Motion carried 5-0. A. B. Acceptance and Approval of Minutes of the Rei:lllar Meetinl: held April 18. 1995. Acceptance and Authorization for Mayor and City Clerk to Execute Annexation A~reement with C. Kevin Gilliam for 307 Wurst Road. ~ COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. PUBLIC HEARINGS SECOND READINGS OF ORDINANCES ORDINANCE No. 95-15, TERMINATING CEMETERY PERPETUAL CARE FuND. This ordinance was presented by title only for the second reading and public hearing. Administrative Services Director Beamer gave an overview of the ordinance and pointed out that, due to the size of the fund and the number of usable lots left to be sold in the cemetery, the Cemetery Perpetual Care Fund would never become large enough to truly support perpetual care. She noted also that, anticipating approval of the ordinance, $20,000 has been set aside in the budget for cemetery care and for preparing unusable lots to be usable. City Manager Shapiro said that he is planning to assign one-half person to the cemetery for next fiscal year. The public hearing was opened. Former Commissioner Sam Woodson, 814 Chicago Avenue, spoke against closing the perpetual care fund and suggested instead transferring enough money from the general fund to that fund in order to make it large enough for the interest to ensure the care of the cemetery. Mayor Vandergrift spoke as a citizen against the action, as he felt it would essentially close the -.... cemetery . Ocoee City Commission Regular Meeting __ May 2, 1995 Former Commissioner Betty Hager, 511 Orange Avenue, told about the unsuccessful efforts of the cemetery committee to purchase land adjacent to the cemetery when the committee was active. She noted that as long as the cemetery is taken care of, it doesn't matter what fund pays for the care. The public hearing was closed. Commissioner Gleason said that the cemetery should be run by people in the business rather than by government. Commissioner Foster said that this Commission is committed to the care of the cemetery, but there was no guarantee that future generations would feel the same. He was opposed to transferring the funds even though it would be necessary to subsidize the fund. Commissioner Gleason. seconded bv Commissioner Johnson. moved to adoot Ordinance No. 95-15. terminatin2 the cemetery oeroetual care fund. Motion carried 3-2 with Mavor Vander2rift and Commissioner Foster votin2 no. .... ORDINANCE No. 95-16, BUDGET CHANGE, REVENUES/ExpENDITURES. This ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro advised that staff was present to answer questions and that the changes requested had been made. The public hearing was opened. As no one wished to speak, the public hearing was closed. M.O.M. Ogubi turned the gavel over to Mayor Vandergrift who thanked her for running the meeting so well and then called a recess. RECESS 8:12 - 8:20 P.M. Administrative Services Director Beamer reviewed the FY95 MidYear Budget Amendment Book and responded to questions from Commission. There were no changes requested to the amendment as presented. Commissioner Gleason. seconded bv Commissioner Glass. moved to adoot Ordinance No. 95- 16. amendin2 the Citv Bud2et adooted bv Resolution No. 94-24. as presented. Motion carried 5-0. The Finance Staff was commended for their improved method of reporting finances. ....... 2 Ocoee City Commission Regular Meeting ~ May 2, 1995 OTHER BUSINESS Resolution No. 95-03, Closing of Floral Street Alleyway. This resolution was presented by title only. City Manager Shapiro advised that this closing was requested by Mr. Benaglio who resides on Floral Street next to the alley. When the floor was opened for public comments the following citizens spoke: Ike Cool, Esq., 709 Broadway Drive, representing Ocoee Christian Church, requested more time to analyze the issue as the Church Board had not had an opportunity to review the matter. Mr. Jim Sills, 205 S. Lakeshore Drive, spoke against the closing due to safety issues. Dr. Edwin Pounds, 101 E. McKey Street, property owner of land adjacent to alley, spoke against the closing. Commissioner Glass. seconded bv Commissioner Foster. moved to not adoot Resolution No. 95-03. Motion carried 5-0. ...... DISCUSSION RE: SITE FOR RECREATION CENTER. Recreation Director Jim Beech presented the staff report showing the merits of four (4) possible locations for the proposed recreation center site. Those locations were (1) Central Park, Flewelling Drive, (2) John Vignetti Park, off Adair Street, (3) Wastewater Plant, A.D. Mims Road, and (4) Tiger Minor Park, off Geneva Street. After discussion regarding the problems of parking and the safety of the children Commissioner Foster. seconded bv Commissioner Johnson. moved to desi2nate Central Park as the site for the new recreation center and to authorize staff to be2in the desi2n-construction orocess. Motion carried 4-1 with Mavor Vander2rift votin2 no. Mayor Vandergrift asked for comments from the audience. Mrs. Betty Hager, 511 Center Street, spoke in favor of the location. DISCUSSION RE: PROPOSED TRANSFER OF CABLE TELEVISION FRANCHISE TO TIME WARNER. Capital Projects/Concurrency Analyst Resnik presented the staff report indicating that, as Cablevision Industries Corporation has reached an agreement to merge with Time Warner, this would be an appropriate time to revisit the franchise agreement, and she requested direction for staff to work with special counsel and Time Warner representatives to prepare a draft revised franchise agreement to bring to City Commission for review in conjunction with the formal review of the transfer. -..... 3 Ocoee City Commission Regular Meeting '-" May 2, 1995 Ms. Resnik introduced Mr. Rich Gunter, director of government relations, who said he was present to answer questions. There were several questions called in by telephone and then a discussion regarding the rate regulations. Commissioner Foster. seconded bv Commissioner Johnson. moved to direct staff to oreoare a draft franchise a2reement as recommended. Motion carried 5-0. ApPOINTMENT TO BOARDS: Board of Adjustment - Genevieve Foster and Kenneth A. Hale - terms expire May 1995. Commissioner Foster declared that he would abstain from participation in the discussion and voting on this item as a possible conflict of interest exists with this appointment and he filed his statement with the City Clerk. Commissioner Johnson. seconded bv Commissioner Glass. moved to aoooint Genevieve Foster to serve another term on the Board of Adiustment. Motion carried 3-1 with Commissioner Gleason votin2 no. '-" Mayor Vandergrift announced that Mr. Hale had indicated a desire to serve on a board but no desire to be reappointed to this board, and he asked that volunteers contact the City Clerk for applications to serve. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Announced Friday's Friendly Fish Fry on May 12, 4-8 p.m. at the community center. 2) Announced that Orange County School System has contracted with an agency to evaluate the schools and citizens may be informed by attending meetings at the following locations: Ocoee Elementary Wednesday on May 3, Ocoee Middle School on May 12, and Spring Lake on May 4, with all meetings to be at 7:00 p.m. 3) Announced Big Orange Games at Ocoee Middle School track on May 6, 8 a.m.- 4 p.m.. 4) Announced ground breaking for the Mall May 3 beginning at 8:00 a.m. on Clarke Road. 5) Reported a question from April Fox regarding the need for the sidewalk on A.D. Mims road to continue on near Victory Baptist Church beyond the railroad tracks. City Manager Shapiro responded that the area in question is county right-of-way and the City has communicated the need to them but the City cannot put in a sidewalk there. -..... 4 ~ Ocoee City Commission Regular Meeting May 2, 1995 Commissioner Glass: 1) Will be out of town for the fish fry, but needs someone with a good throwing arm to stand in for him at the dunk tank. 2) Thanked Bruce Dunsford for the diagram of the recreation building which Jim Beech used in his presentation. 3) Commended Don Flippen and the code enforcement staff for the good job they are doing. 4) Has had positive comments from Pioneer Key II citizens on the new trash cans as they have been effective in keeping litter off the streets. Commissioner Foster: 1) Reported a call-in citizen comment regarding cablevision rates cautioning commission and staff to remember that charges to franchise holders are passed on to the user citizens. ~ Commissioner Johnson: 1) Said he thought the new trash cans were to be automatically emptied by the garbage trucks, but they were still being emptied manually. City Manager Shapiro said that not all the trucks are equipped with the arm to operate automatically but would be soon. 2) Asked about putting the Northside Study out to bid or RFP prior to budget meetings. City Manager Shapiro said that would not include engineering and legal. 3) Commissioner Johnson. seconded bv Commissioner Glass. moved to 2ive staff direction to do the downtown overlay district. Motion carried 5-0. 4) Announced he has a grandchild due in December. Mayor Vanderl:fift: 1) Asked again about the lights in the police station parking lot. City Manager Shapiro said it was not a part of the contract for the building and it has been added to the list of things for Florida Power to do. and that it is not lust an electrical problem but rather it has to be trenched. 2) Asked if the lake clean-up permit is running out. Administrative Services Director Beamer responded that it would have run out May 13 but she has applied for a one year extension. 3) Asked if the Golf Course brought any money to the City at the end of their year. Administrative Services Director Beamer responded that they had brought a leasing check in the amount of $1.500 and that was all that was due. as during the first ten years it would start out small and there would be a gradual increase. 4) Commended the Sanitation Department on the distribution of the garbage cans. The early complaints about the size/depth/inconvenience have turned into complaints that some citizens were not included in the initial distribution. *Commissioner Johnson interjected here a thanks to the Sanitation Department for the massive cleanup all over town. ....,. 5 Ocoee City Commission Regular Meeting '-' May 2, 1995 5) Announced a Conference of Mayors in Miami June 16-20 and another, Florida Redevelopment Association 5th Annual Joint Conference June 7-9 at West Palm Beach Ramada - on Changing the Rules for Redevelopment, and suggested that the Planning & Zoning Commission may be interested in attending. City Manager Shapiro pointed out that such conferences should be budgeted for and Commissioner Glass noted that P & Z might be interested in attending the Central Florida Planners monthly meetings. 6) Thanked the West Orange Jaycees for covering the telephones for this meeting. *Commissioner Johnson read 2 call-in questions: When will Winn Dixie open? Mr. Shapiro said probably June or July. Is a swimming pool going in the recreation center? No. *Commissioner Gleason read a call-in comment about their trash not being picked up and he advised the caller to leave their trash out for next day service and announced the phone number to call during regular office hours. ADJOURNMENT The meeting adjourned at 11:10 p.m. ~ Attest: APPROVED: City of Ocoee ....... 6