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Item M FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Carruthers, Heather Monroe County Board of County Commissioners MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 500 Whitehead Street, Suite 102 WHICH I SERVE IS A UNIT OF: CITY COUNTY ❑ CITY dCOUNTY ❑ OTHER LOCAL AGENCY Key West Monroe NAME OF POLITICAL SUBDIVISION: Monroe County DATE ON WHICH VOTE OCCURRED MY POSITION IS September 4, 2018 d 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 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 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 would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a 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 (CRAs) 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 minutes 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 are not prohibited by Section 112.3143 from otherwise participating 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 page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 • Adopted by reference in Rule 34- 7.010(1)(f), F.A.C. 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 Heather Carruthers hereby disclose that on September 4 20 18 • (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; ✓ inured to the special gain or loss of my business associate, Berkshire Hathaway Knight & Gardner Realty • inured to the special gain or loss of my relative, • inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling 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: Item M of the Special Budget Hearing involved the County's tentative capital budget for FY 2019. A motion was made regarding removing funding from a line item that was designated to be used to purchase Murray's Marina, a property which Knight- Gardner, LLC has the listing on. The Ethics Commission opined in a letter dated July 18, 2016 that I should refrain from voting on any measure which could inure to the benefit or detriment of Knight - Gardner LLC or a client of the the firm. Although this vote was on the budget, the context made it clear that this purchase was the only purchase in the class of potential purchases that would have been affected by the vote. Accordingly, based upon the advise of counsel, I recused myself from the vote on the motion to remove funding for this purchase and transfer it into reserves. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. September 17, 2018 f /� i' • Date Filed Sig' ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, • FAILU'E T• MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY O E OR MO' - 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 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34- 7.010(1)(f), F.A.C. BOARD OF COUNTY COMMISSIONERS Resolution No. -2018 A RESOLUTION ADOPTING THE TENTATIVE CAPITAL BUDGET FOR FISCAL YEAR 2019 WHEREAS, the Board of County Commissioners of Monroe County, Florida, pursuant to the provisions of Chapters 129 and 200, Florida Statutes, did conduct a Public Hearing on September 4, 2018, at 5:05 p.m. at the Murray Nelson Government Center, 102050 Overseas Highway Mile Marker 102, Key Largo, Monroe County, Florida, to amend and adopt a Tentative Capital Budget for each County fund for Fiscal Year 2019, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA, that the Budget be adopted as the Tentative Capital Budget for Fiscal Year 2019, summarized as follows, and is hereby adopted, Fund # Fund Name . Amount 102 ROADS 16,930,804 130 IMPACT FEES FUND - ROADWAY 1,504,127 131 IMPACT FEES FUND - PARKS 602,296, 132 IMPACT FEES FUND - LIBRARY 1,152,383 133 IMPACT FEES FUND - SOLID WASTE 101,165 134 IMPACT FEES FUND - POLICE 128,116: 135 IMPACT FEES FUND - FIRE FACILITIES • 102,430 304 ONE CENT INFRASTRUCTURE SALES TAX CAPITAL PROJECT : 21,196,059 306 CLERKS REV NOTE, CAPITA L 100,000 308 2007 REVENUE BONDS 317,752 310 ,BIG COPPITT WASTE WATER PROJECT 712,000: 311 DUCK KEY WASTE WATER PROJECT 162,325' •312 CUDJOE REGIONAL WW PROJECT 6,262,777. 314 2014 REVENUE BONDS 13,421,535 315 LONG KEY WASTEWATER 303,177 316 LAND ACQUISITION 3,717,782. TOTAL $66,714,728 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 4t day of September, AD 2018. Mayor Rice Mayor Pro Tem Murphy Commissioner Kolhage Commissioner Carruthers Commissioner Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor /Chairman (Seal) Attest: KEVIN MADOK, Clerk Agenda Item M BOCC Tentative Capital Budget 9 -4 -18 Agenda Item M