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Resolution 279-1994 '~'I '" f .,- ,.."."1 .;~! -, ~..' , I. ...._. ," ~{f'" ( () F~ RESOLUTION NO. 279 - 1994 '94 OCT -6 P 4 :37 . h ~. A RESOLUTION WAIVING ANY CONFLICT OF INTEREST FOR SCOTT MARR, AS GENERAL MANAGER OF MARINA DEL MAR, DOING BUSINESS WITH FISHING TOURNAMENTS (COCONUTS ROUNDUP AND COCONUTS DOLPHIN TOURNAMENT) FUNDED IN PART BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL. '.1 rJ~' .'''('' ,! r"lt':' : U.I.J :r' ~ WHEREAS, under Florida Statutes 112.313(3), a member of the Tourist Development Council, an advisory board, is prohibited from doing business with one's agency except that the requirements of Fla. Statute 112.313(12) may be waived by the body which appointed the person to the advisory board upon a full disclosure of the transaction to the appointing body (the Board of County Commissioners) prior to the waiver and an affirmative vote by 2/3 vote of that body; and WHEREAS, Scott Marr has made full disclosure of his affiliation with the Coconuts Roundup and Coconuts Dolphin Tournament concerning conflict of interest; and WHEREAS, the Board of County Commissioners wishes to waive Scott Marr's conflict in Florida Statute 112,313(3) by waiver under Florida Statute 112.313(12), now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1, As per Florida Statute 112.313(3) and Florida Statute 112,313(12), a waiver is hereby extended to Scott Marr, a member of the Tourist Development Council who is doing business with the Coconuts Roundup and Coconuts Dolphin Tournament, which is funded in part by the Monroe County Tourist Development Council, provided he abstains from voting on any motion concerning funding of events and organization enumerated, as follows: 1. Profits from the Coconut Roundup and Coconuts Dolphin Tournament go to Marina Del Mar; Scott Marr is the General Manager of said property. 2. Coconuts Restaurant is the sponsor of said tournaments and is part of the Marina Del Mar property where Scott Marr is General Manager. 3. The Coconuts Roundup is funded in the amount of $4,750 by the Tourist Development Council, of which Scott Marr is a member. 4. The Coconuts Dolphin Tournament is funded in the amount of $8,550 by the Tourist Development Council, of which Scott Marr is a member. 5. Scott Marr is Tournament Director of the Coconuts Roundup and the Coconuts Dolphin Tournament and is a member of the Toursit Development Council which partially funds these events. Section 2. So as to conform to the 2/3 voting requirement under Florida Statute 112.313(12), the following vote reflects the action of the Commissioners as concerns this resolution: Mayor Jack London yes Commissioner Wilhelmina HaNey ye~.' Commissioner Shirley Freeman yes Commissioner Earl Cheal yes Commissioner Mary Kay Reich yes PASSED AND ADOPTED by 5'FOvote of the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 21st day of Sept, ,1994, (SEAL) Attest: Mr. Danny Kolhage, Clerk By: #/~r,,/U A........J ~~I~) ~ Approved ~ t~m and legal sufficiency by: Date: ~ ~ r , '-::-t=ORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I \~I ',\!\.II III(~I '\\11 \11111111 , A 1\.1 I 'AI\II III I<<lAIU). ('IIIIM'II . lUMMISSIO'. M' IIl0KI t" OK COMMIIII I MARR SCOTT Monroe County Tourist Deve oEment, 1 ounCl \l.\III:\li "111>1<1 SS 1111, 1I0AK(), COl"l'II..COMMISSIO!li. AIIIIIOKII Y OK (,OM 1\.1 II III. 0:\ 527 Carribbean WIIIClII SEKVF IS A I'!lill (>I-': 0 ('11 Y Il! COl'NTY a OIIlEK LOCAL AGENCY nl\ CO"I\ 33037 Monroe ~AMI' 01' I'OI.lIKAI. SIIII()IVISION: Key Largo, FL 1),\ 110' WIlICII \0 II OnTK!I:() MY POSITION IS: August 03, 199 0 ELECTIVE XIx: 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. 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 resper-sible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOI:\TED 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 ~1AKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE \\'ILL 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 [he meeting prior to consideration of the matter in which you have a conllict of interest. , \, \ ~ t ( If.: '1 "H .) I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: - . You should disclose orally the nature of your contlict 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. I. SCOTT MARR DISCLOSURE OF LOCAL OFFICER'S INTEREST AUGUST 03 . hereby disclose that on .19~: (a) A measure came or will come before my agency which (check one) _ inured 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: 1. The profits from the Coconuts Dolphin Tournament and Coconuts Roundup benefit my resort. 2. Coconuts Restaurant is a part of Marina Del Mar Resort and issponsor of these tournaments and I am part owner of both Coconuts Restaurant and Marina DeI Mar Resort. 3. These two tournaments are funded in part, in the amounts of $8550.00 and $4750.00 respectively, by the Monroe County Tourist Development Council, 0 which I am a member. 4. I am tournament director of both of these tournaments and directly receive compensation and profits from them. 8/3/94 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (\985), A FAILURE TO MAKE ANY REQUIRED 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. PACE: ~ CE ~()R\t XH - I-YI