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HomeMy WebLinkAbout2000 11 13 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 13, 2000 I. CALL TO ORDER The Regular Meeting of November 13,2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Brief discussion ensued on a suggested date and time for the Inauguration Ceremonies. II. PUBLIC INPUT Mr. Dominic Persampierre, 485 Suncrest Court, Oviedo, Florida: as a City of Oviedo Council member, he spoke against several proposed annexations and large-scale comprehensive plan amendments; and was hopeful that both the City of Winter Springs and the City of Oviedo could work together. Discussion. Mr. Tom Lenzeni, 1026 Nancy Circle, Winter Springs, Florida: representing the Wicklow Homeowners Association mentioned problems with a retention pond, and stated he had a petition that all residents have signed. Commissioner Edward Martinez, Jr. asked City Manager, Ronald W. McLemore "Can we get someone from staff to go over there and look at this." Manager McLemore explained that Staff would be returning to the Commission with a report on this." Mayor Partyka added, "Pending your results - we'll potentially have it on the Agenda for December or even November." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2000 PAGE 2 OF 28 Ms. Barb Buffington, 907 Kim Court, Winter Springs, Florida: read a statement regarding her concerns with a pond near her property in the Wicklow subdivision, and presented photographs. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: asked about the status of the proposed traffic light "At the intersection of the Winding Hollow Boulevard, Parkstone and 434." Discussion. Mayor Partyka summarized, "Let's see if we can get a report - on this situation, by the next meeting. Mr. Richard Chmilarski: asked about parking of a Coca-Cola trailer at the new Eckerds. Much discussion. Commissioner Michael S. Blake stated, "This is just the type of decision that needs to be agended, and have staff do some work on, to bring some guidelines." Deputy Mayor Cindy Gennell agreed with Commissioner Blake, Commissioner Miller and Commissioner Martinez, and stated, "We also need to agenda this type of information and we do need something that comes to us that addresses Grand Openings." "I'LL MAKE A MOTION THAT WE APPROVE THE REQUEST." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL ADDED, "WE CAN MAKE IT TWO SEPARATE MOTIONS, AND IF WE NEED ONE - MOTION IS TO APPROVE THE REQUEST AS PUT FORTH HERE BY THIS REPRESENTATIVE TONIGHT, UNTIL NOVEMBER 20TH." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. Tape 1/Side B Discussion. "I MAKE A MOTION THAT WE INSTRUCT STAFF TO BRING BACK SUGGESTED PROVISIONS TO AMEND THE DOCUMENTS FOR THE REDEVELOPMENT AND TOWN CENTER AREA AND SO FORTH, TO ENCOMPASS GRAND OPENING SPECIAL CONSIDERATIONS. THAT IS MY ONE MOTION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2000 PAGE 3 OF 28 VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MY SECOND MOTION IS THAT WE GO AHEAD AND DIRECT THE STAFF TO WORK WITH THESE PEOPLE TO REACH SOME KIND OF CIVILIZED AGREEMENT FOR REMOVAL OF THIS TRAILER IN A TIMELY MANNER." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. Mayor Partyka stated, "Mr. Chmilarski, the Commission basically has decided to change its current Ordinance, so you will have to move the truck." Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: asked about the revised Code of Ordinances, and asked whether it was on the City's Website. Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: asked about the status of violations to the Charter. City Attorney Anthony A. Garganese clarified, "I am on schedule to present to this Commission, a written Opinion regarding the issue Mr. Leckinger has raised." Mayor Partyka added, "At this point in time, it is scheduled to be on the Agenda for the 2ih." Ms. Bette Comstock, 1085 Cheyenne Trail, Winter Springs, Florida: spoke against extending the boundaries, and possibly disturbing the natural beauty, and complimented the City on their beautifying efforts. Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: regarding Consent Agenda "E," he asked "How many bids went out on this?" Mayor Partyka stated, "We'll bring that up." Mr. Lein also inquired about Regular Agenda Item "P" and asked when was the word "park" added to this. Mr. Lein further read a personal statement for the record regarding Commission Reimbursements. Discussion followed on whether the City Attorney should further research this matter. With consensus of the Commission, Mayor Partyka retracted his previous request and stated, "Leave it on status quo." Mr. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs, Florida: spoke about an opinion poll in Winding Hollow. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: congratulated members of the Commission on their many accomplishments and re-election. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 4 OF 28 III. CONSENT CONSENT A. Community Development Department - Land Development Division Requests The Commission Approve The Expenditure Of The City's 2000/2001 Recycling & Education Grant Allowance (Provided For By The Florida Department Of Environmental Protection) And The Addition Of $254.70 From The General Fund For The Purchase Of 150 Wheel Stops Which Are Constructed Of Recycled Materials. Brief discussion. CONSENT B. Utility Department Requesting Authorization To Execute Amendment 67 For Consulting Engineering Services With Conklin, Porter & Holmes Engineers, Inc. Commissioner Robert S. Miller asked for "A projection of all the different types that are going to go on this year, with regard to water." Discussion. Mr. Kip Lockcuff, P.E., Utility/Public Works Department Director stated that "I can just break out the Budget." Commissioner Miller agreed that this would be acceptable. CONSENT C. Finance Department Recommending The City Commission Provide Direction On The FY 2000 Auditor Selection Process. "MAYOR, I MAKE A MOTION TO MOVE CONSENT "C" ON TO THE REGULAR AGENDA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Mayor Partyka summarized, "It's moved to the last one on the Regular agenda." Tape 2/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2000 PAGE 5 OF 28 CONSENT D. Utility/Public Works/General Services Department Requesting Authorization To Purchase VehicJes By Piggybacking Off Of Seminole County Bid #A/B-340 (2001). CONSENT E. Public Works Department Requesting Authorization To Enter Into A Contract For Landscape Architecture Services With SRI Planning And Architecture, Inc. For The Design Of Landscape And Irrigation Improvements To The State Road 434 Medians From Tuskawilla Road To State Road 417. Deputy Mayor Gennell suggested something other than Crepe Myrtles, and asked regarding "landscape architecture work" - "Is it not possible to have somebody on staff that's capable of doing this kind of stuff?" Discussion. CONSENT F. Utility Department Requesting Authorization To Execute Amendment 68 For Consulting Engineering Services With Conklin, Porter & Holmes Engineers, Inc. CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The August 21, 2000 Special City Commission Meeting. CONSENT H. Office Of The City Clerk Approval Of The Minutes Of The October 23, 2000 Regular City Commission Meeting. CONSENT I. Office Of The City Clerk Approval Of The Minutes Of The October 25, 2000 Special City Commission Meeting. CONSENT J. Office Of The City Clerk Approval Of The Minutes Of The October 30, 2000 Special City Commission Meeting. (Continuation Of The October 23, 2000 Regular Meeting) CITY OF WINTER SPRINGS M INUrES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 6 OF 28 CONSENT K. Office Of The City Clerk Approval Of The Minutes Of The October 30, 2000 Special (#2) City Commission Meeting. CONSENT L. Deputy Mayor Cindy Gennell Respectfully Requesting That The City Commission Of The City Of Winter Springs Consider Ratifying The Nomination Of The Honorable Gary Brender Of The City Of Lake Mary, And The Honorable Whitey Eckstein Of The City Of Sanford To The Seminole County Expressway Authority (SCEA). Both Individuals Were Recently Endorsed By The Council Of Local Governments In Seminole County (CALNO). Mayor Partyka stated, "If there are no other questions for any other items, I'd be looking for a Motion to approve this Agenda." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Parks And Recreation Department Notifying The City Commission Of The Department's Intent To Schedule The Official Grand Opening Of Torcaso Park On Saturday, December 2, 2000. INFORMATIONAL B. Police Department Providing The Commission With Information About Winter Parks Experimental Speed Limit Sign Awareness Program. Commissioner Martinez inquired, "Is there a possibility that since we are going into this new signage on our streets, that we can somehow standardize the speed limit throughout our cities - to be 25 miles per hour?" Chief Kerr responded, "Yes, all of our speed limits have been set by Commission." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 7 OF 28 Commissioner Martinez further said, "Can I request of the Manager that they put this on an Agenda Item - to be discussed by the Commission, at a future date, and make a decision, one way or the other." INFORMATIONAL C. Not Used INFORMATIONAL D. Public Works Department Informing The City Commission Of The Intent To Install Supplemental Indicators At All 3 And 4 Way Stops. Commissioner Blake stated, "At the intersection of Seneca and Canadice, if you are northbound - on the right of way, there are some Crepe Myrtles, perhaps, or some tree like that, that normally looks dead, that obstructs the stop sign there, quite substantially, until you are right up on it." Chief Kerr stated, "We can get with Code Enforcement on it. " Mayor Partyka stated, "I need a Motion here to approve - the Informational Agenda." "SO MOVED." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests That The Commission Conduct A Public Hearing For A First Reading And Consideration Of Ordinance 2000-39 That Will Amend Chapter 8 Of The Code Of Ordinances Related To Flood Damage Prevention And Section 9-241 Related To Stormwater Management. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO READ 2000-39 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 8 OF 28 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-39 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion. Commissioner Miller stated, "I think we need to look real hard as a City, at all of our Flood Ways, with regard to cleaning them up, wherever possible, some time in the next year or two, because I think we are going to confront some real problems if we have significant rainfall in the area, or a hurricane passing through." Discussion ensued on the Bert Harris Property Act. Commissioner Blake asked, "Is there some sort of a statute of limitations that would apply here from any action in not allowing development of property in certain areas?" Attorney Garganese stated, "I would need to take a look at the statute, to give you an answer for sure." Commissioner Blake asked, "Do we have to have an Ordinance that applies to all properties in the City the same - or would it be possible to have more stringent requirements for parcels not currently in the City, but that may one day be in the City. Is it possible to have two (2) classes." Discussion. "MAYOR, I WOULD LIKE TO MAKE THE MOTION WE MOVE 2000-39 TO A SECOND READING ON NOVEMBER THE 27TH." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Commissioner Martinez stated, "I just want to point out to the City Manager that I am going to bring written documentation to the fact that there were serious incidents that took place in the approval of that specific development and we took the word of those people for granted. Now, even this year, I state this, as this year, the engineer was forced by FEMA to go out there and ask the opinion of the people who lived along the creek and when I spoke to him on the phone, he said, 'Yes.' And I went there recently and I spoke CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 9 OF 28 to those people and nobody has ever been there to speak to them about the flood plains zone and the houses they put there." VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. Not Used PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2000-33 That Would Annex A 3.5 Acre Parcel. Mayor Partyka stated, "Let the record show that I've already documented this before. I happen to be the listing broker for the property owner and I have had the listing for nine (9) months or so." Attorney Garganese read Ordinance Number 2000-33 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: briefly spoke from his seat. The "Public Input" portion of this Agenda Item was closed. "I MOVE THAT WE ADOPT ORDINANCE 2000-33 THIS EVENING." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 10 OF 28 PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Consideration Of Ordinance 2000-34 To Designate The Korman (Telecorp, Inc.) Property (3.5 Acres) "GreeneWay Interchange" On The City's Future Land Use Map. Attorney Garganese read Ordinance Number 2000-34 by "Title" only. Tape 2/Side B Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion. Commissioner Blake inquired, "On the Agenda Item packet, page two (2) questioning some language specifically whether or not any representations have been made to the applicant, the second to the last bullet - it states the 'City can extend sewer, water and other urban services to the subject parcel.' Has the City made an agreement to provide utilities to this parcel? Don't we ordinarily require owners of property or developers to bring their own utilities in?" Mr. Thomas Grimms, Comprehensive Planning Coordinator stated, an "Agreement has been made at this time with the property owner. We had discussions with the representative, the property owner and we did make it known to him and he was well aware - anyway - about Battle Ridge - going to extend the sewer and water trunk lines and the representative of the property owner expressed interest, for Telecorp/Korman property, to at some point, tap into that line." Commissioner Blake added that "My concern here is that the property owner understands that utilities may be available, but it is at their expense." Mr. Grimms added, "They fully understand that." Deputy Mayor Gennell inquired, "This particular designation, that we have placed around the intersection of the GreeneWay, that's High Intensity, I don't think we intended it to just go forever, because it should be a limited area." Deputy Mayor Gennell asked if regarding the GreeneWay Interchange District - "Are we going to draw a line and say, 'beyond this here, we're not going to accept high intense development?'" Mr. Grimms replied, "Well, we haven't done so." Mr. Grimms further stated, "I would imagine we wouldn't be extending the GreeneWay Interchange District all the way to the curve. That somewhere along here, there would be a cut-off. But we haven't - as Staff CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 P AGE I I OF 28 or as a Commission body, we haven't made a decision on how far that GreeneWay Interchange District would extend." Deputy Mayor Gennell then stated, "You did say that people have approached you, coming in wanting the same designation on their property." Deputy Mayor Gennell further said, "And I suggest to the rest of the Commission that we look at this very deliberately, so these people don't come in with one expectation, and then we end up with a battle royal up here." "I'LL MOVE TO ADOPT COMMISSIONER MILLER. DISCUSSION. ORDINANCE 2000-34." MOTION BY SECONDED BY COMMISSIONER BLAKE. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka called a break at 8:55 p.m. Mayor Partyka called the meeting back at 9: 14 p.m. PUBLIC HEARINGS E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Consideration Of Ordinance 2000-35 To Designate The Korman (Telecorp, Inc.) Property (3.5 Acres) On The City's Zoning Map GID "GreeneWay Interchange District." Attorney Garganese read Ordinance Number 2000-35 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE 2000- 35." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 12 OF 28 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS F. City Attorney Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2000-28 That Would Amend Ordinance 587, Which Provides Procedures For Review And Adoption Of Comprehensive Plan Amendments. Attorney Garganese read Ordinance Number 2000-28 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'LL MOVE TO APPROVE." MOTION TO APPROVE ORDINANCE 2000-28 BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS G. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Consideration Of Ordinance 2000-40 That Would Annex The Approximately 30+/- Acre Weaver Parcel. Attorney Garganese stated, "Staff has sent out a couple of documents. The documents are new legal descriptions and a maps that were provided to US." Attorney Garganese added, "I would like to incorporate the new legal description and the survey - as Exhibit 'A' to Ordinance 2000-40 and I would recommend that we read in this Ordinance by "Title," with the new Exhibit 'A' and schedule this Ordinance for Final Reading on the - CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13.2000 PAGE 13 OF 28 2th of November." Attorney Garganese stated, "And I would like to do the same for Items 'H' and 'I. '" Mayor Partyka clarified, "So in effect, the Second does not become the Final, at this point." Mayor Partyka further stated, "Do we need to do anything from a Motion standpoint, to get this in?" Attorney Garganese replied, "It doesn't hurt procedurally to have a Motion to read by "Title" only." Further discussion. "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER MARTINEZ THEN STATED, "WITHDRAWN." Attorney Garganese explained that "This is a very conservative legal position, and I'm recommending to the Commission, given the County's interest and Oviedo's interest in these three (3) Ordinances." Discussion. Furthermore, Attorney Garganese clarified, "Again, my suggestion would be simply to include these new legal descriptions and depiction into the Ordinance. We'll read it in, and have another Hearing on it, and then have Final Hearing on November 2th." Commissioner Blake added, "The 'Title' hasn't changed. We don't need a Motion to read by 'Title,' because we've already read that last time, on the First Reading, and this is the Second Reading, but not for adoption." Attorney Garganese read Ordinance Number 2000-40 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Kevin Grace, 1101 East First Street, Sanford, Florida: representing the Board of County Commissioners expressed the County's objections of land use, zoning, the Urban Service Line, and a Joint Planning Agreement with the City of Oviedo. Mr. Grace noted that documentation was submitted for the record. Discussion. Mr. Steve Lee, 1101 East First Street, Sanford, Florida: as the Assistant County Attorney for Seminole County, he spoke on the definition of an "enclave." Discussion. Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: spoke of expectations of services; Battle Ridge; land use, and parcels. Tape 3/Side A Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: representing the Black Hammock Association, addressed their concern with differences with neighbors; the proposed change in land use; the market price of different sized parcels; and presented a photograph of an office at City Hall. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 14 OF 28 Mr. Dominic Persampierre, 485 Suncrest Court, Oviedo, Florida: stated that "The City of Oviedo is opposed to the annexation of the Weaver parcel;" and mentioned that he had submitted documentation to the City Clerk, for the record. The "Public Input" portion of this Agenda Item was closed. Discussion. Commissioner Blake read from an Agenda Item document and stated, "Prepared by Bowyer and Singleton for the 'Comp Plan Amendment' for the Weaver property, dated October 18th, 2000." Attorney Garganese asked, "Is it your intent to introduce that into the record - for the purpose of this annexation?" Commissioner Blake replied, "I'd be more than happy to. This is Exhibit 'A' - it looks like page four (4) and it was provided by the applicant." "Point of Order," stated Commissioner Blake. "Something that was said moments ago, needs to be corrected." Commissioner Blake added, "The package that I was just reading from is actually part of Agenda 'K,' for the same parcel, not Agenda Item 'G. ,,, "I'D BE HAPPY TO MAKE A MOTION AND THIS IS ITEM 'G' JUST IN ALL THE DISCUSSIONS, SO WE WILL MAKE SURE THAT WE ARE ON THE SAME ITEM, AND THIS IS IN CONSIDERATION OF ORDINANCE 2000-40 WHICH WOULD ANNEX THE APPROXIMATELY 30 +/- ACRES OF THE WEAVER PARCEL, AS NOTED; AND I WOULD MAKE A MOTION THAT WE MOVE ORDINANCE 2000-40 TO A THIRD HEARING FOR ADOPTION INCORPORATING THE ADDITIONAL LEGAL DESCRIPTION RECEIVED EARLIER - ON THE PROPERTY AND AS HAS BEEN ADDED TO THE ORDINANCE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Attorney Garganese added, "We will advertise that again, just for the record although it is a Third Hearing for this particular parcel, it is a Second Reading with a new legal description. " VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner Blake added, "I just wanted to point out once again for the benefit of the Commission and for the applicant, that while this is an annexation issue - that my position on the land issue remains the same as I stated before, and that is that I believe it is appropriate down along DeLeon to have a Zoning classification or Land-Use CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 15 OF 28 classification that would be one (1) dwelling per three (3) acres." Commissioner Martinez added, "I'm in support of that also." PUBLIC HEARINGS H. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Consideration Of Ordinance 2000-41 That Would Annex The Approximately 34.7 +/- Acre (Minter) Parcel. Attorney Garganese added, "The same situation - we have a new metes and bounds legal description that I would like to incorporate into this Ordinance prior to reading, and basically that the property description hasn't changed, it's just another legal description by metes and bounds as was provided to you prior to this Meeting." Further, Attorney Garganese clarified, "This is going to be the First Reading with the new legal description - it's actually the second time that we've actually heard this particular Ordinance." Additionally, Attorney Garganese said, "We will advertise and come back and have a Second Reading with this new legal description, at the second meeting - I believe it is November 2th for this Commission." Attorney Garganese read Ordinance Number 2000-41 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Dominic Persampierre, 485 Suncrest Court, Oviedo, Florida: stated that "The City of Oviedo is opposed to the annexation of the Minter parcel;" and said that he had previously submitted documentation for the record. Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: stated his opposition to this annexation. Mr. Kevin Grace, 1101 East First Street, Sanford, Florida: as a representative of the Seminole County Board of County Commissioners noted his concern with protecting the rural areas of the County, and mentioned that documentation was submitted for the record. Mr. Tom Minter, 1700 DeLeon Street, Oviedo, Florida: as the Trustee of this property, he spoke of options for this property, and estimated values of property. Mr. Steve Lee, 1101 East First Street, Sanford, Florida: reminded Mayor Partyka about the documents that he had presented to the Clerk. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 16 OF 28 Commissioner Blake added, "The two hours that we talked about earlier - I think probably apply to this property as well, for the most part; and any comments I made then I would like to apply to this as well." Tape 3/Side B Deputy Mayor Gennell inquired if Flood Zone Area maps will include these properties, and Attorney Garganese stated, "When you annex the property into the City, your codes become applicable." "I'LL MOVE THAT WE MOVE THIS TO A THIRD READING ON NOVEMBER THE 27TH FOR ORDINANCE 2000-41, WITH THE ADDITIONS THAT WERE MADE BY THE ATTORNEY - THE LEGAL DESCRIPTION." ATTORNEY GARGANESE ADDED, "TO THE SECOND READING WITH A NEW LEGAL DESCRIPTION. TECHNICALL Y THE THIRD READING." MOTION TO APPROVE BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REVISED PUBLIC HEARINGS L Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption OfOrdillance 2000-36 That Would Annex Approximately 10 Acres. Brief discussion on transmittals and approvals. Attorney Garganese stated, "I want to just amend Exhibit 'A' to include the new metes and bounds legal description and depiction that was provided in your Agenda." Attorney Garganese read Ordinance Number 2000-36 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Dominic Persampierre, 485 Sun crest Court, Oviedo, Florida: voiced the City of Oviedo's opposition to this annexation; and again mentioned that he had submitted documentation regarding this opposition to the City Clerk. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13.2000 PAGE 17 OF 28 Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: spoke of opposition to the annexation. Mr. Kevin Grace, 1101 East First Street, Sanford, Florida: representing the Board of County Commissioners, he spoke of the County's objections to this annexation, and documents that they have provided. The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION TO MOVE TO A THIRD READING FOR ADOPTION - SECOND READING INCLUDING THE NEW LEGAL DESCRIPTION OR ADDITIONAL LEGAL DESCRIPTION OF THE PROPERTY FOR ORDINANCE 2000-36, ANNEXATION CONSIDERATION FOR THE CARROLL PROPERTY." MOTION COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. "I'M MAKING A MOTION - MY MOTION IS TO CONTINUE THIS MEETING AND PRESERVE THE ADVERTISING ON ITEMS 'J,' 'K,' 'L,' 'M,' 'N,' '0,' AND 'P,' AND CONTINUE THE BALANCE OF THE MEETING TO 6:30 ON NOVEMBER 20TH." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. Discussion. "I MAKE A MOTION TO EXTEND THE MEETING THIS EVENING AT LEAST UNTIL WE COMPLETE THE PUBLIC HEARINGS ITEMS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Mayor Partyka called a five minute break at 10:58 p. m. The Meeting was called back to order at 11 :07 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2000 PAGE 18 OF 28 .:..:. AGENDA NOTE: WITH CONSENSUS OF THE COMMISSION, IT WAS AGREED THAT THE FOLLOWING REGULAR AGENDA ITEM WOULD BE HEARD NEXT. .:. .:. VII. REGULAR REGULAR A. Community Development Department - Land Development Division Presents To The Commission A Proposed Lease Agreement Between The City Of Winter Springs And BellSouth Mobility, Inc. To Construct A Cellular Tower On The Site 16 Property. Brief discussion. "I'LL MAKE A MOTION FOR APPROVAL." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS NEXT HEARD. .:. .:. V. PUBLIC HEARINGS PUBLIC HEARINGS J. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Transmit A Large Scale Comprehensive Plan Amendment (LS-CPA-1-00) To The Florida Department Of Community Affairs, Which Would Change The Future Land Use Map Designation From (County) "Suburban Estates" (1 DU Per Acre Max.) To The City's "GreeneWay Interchange" Designation On The Elizabeth Morse Foundation Property. Brief discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 19 OF 28 The "Public Input" portion of this Agenda Item was closed. Discussion. "I'LL GO AHEAD AND MAKE THE MOTION TO - TRANSMIT LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS-CPA-I-00) TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS K. Community Development Department - Planning ][)ivision Requests The City Commission Hold A Public Hearing To Consider Transmitting A Large Scale Comprehensive Plan Amendment (LS-CP A-2-00) To The Florida Department Of Community Affairs, Which Would Change The Future Land Use Map Designation From (County) "Rural-3 (1 DU Per 3 Acres Max.) To The City's "Lower Density Residential" (1.1 - 3.5 DU Per Acre) Designation On The Weaver Property. Brief discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Kevin Grace, 1101 East First Street, Sanford, Florida: representing the Board of County Commissioners spoke ofthe County's objection to this transmittal. He noted that documentation was submitted to the City Clerk. Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: spoke of his objection to this. Mr. Dominic Persampierre, 485 Suncrest Court, Oviedo, Florida: Mayor Partyka explained that the City of Oviedo Council Member, (who just left due to an emergency), asked that the following statement be made, "The City (of Oviedo) is opposed to this transmission. " The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER] 3,2000 PAGE 20 OF 28 Commissioner Blake stated, "As the Commission knows, I'm on record already about the future land use of this particular property, if it were to come into the City of Winter Springs." "I WILL MAKE A MOTION - TO TRANSMIT THIS - AMENDMENT (LS-CPA- 2-00) TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, SO THAT WE MAY GO THROUGH THE PROCESS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS L. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Consider Transmitting A Large Scale Comprehensive Plan Amendment (LS-CP A-3-00) To The Florida Department Of Community Affairs, Which Would Change The Future Land Use Map Designation From (County) "Rural-3 (1 DU Per 3 Acres Max.) To The City's "Lower Density Residential" (1.1 - 3.5 DU Per Acre) Designation On The Minter Property . Mr. Grimms addressed the Commission on this subject. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: voiced his opposition to this. Mr. Dominic Persampierre, 485 Suncrest Court, Oviedo, Florida: Again, Mayor Partyka explained that the City of Oviedo Council Member, (who just left due to an emergency), had asked that the following statement be made, "By this record, that the City of Oviedo opposes Item '1.'" Mr. Kevin Grace, 1101 East First Street, Sanford, Florida: representing the Board of County Commissioners, spoke of the County's objection to the transmittal of this Plan Amendment, and briefly addressed his concerns. Mr. Steve Lee, 1101 East First Street, Sanford, Florida: stated, "I just want to be sure that the Clerk has adequate copies of the letters for each of the two (2) hearings, this one, and the previous one. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 2] OF 28 Mayor Partyka stated, "Let the record show that our City Clerk does have them." The "Public Input" portion of this Agenda Item was closed. COMMISSIONER BLAKE STATED, "I'LL SUPPORT THE TRANS MITT AL OF THIS ITEM TO DCA FOR FURTHER RESEARCH AND REVIEW. COMMISSIONER BLAKE FURTHER STATED, "I'LL MAKE A MOTION TO TRANSMIT LS-CPA-3-00 TO DCA, INVOLVING THE MINTER PROPERTY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS M. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Consider Transmitting A Large Scale Comprehensive Plan Amendment (LS-CP A-4-00) To The Florida Department Of Community Affairs, Which Would Change The Future Land Use Map Designation From "Mixed Use" To The New "Town .Center" Designation On The Springs Land/Jessup Shores Property. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MOVE THAT WE MOVE TO TRANSMIT THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT ON ITEM 'M' TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Brief discussion ensued on the transmittal process, and the Motion. Mr. Tom Daley, Daly Design Group, 861 West Morse Boulevard, Suite 125, Winter Park, Florida: briefly spoke on the ORC Report process. Attorney Garganese clarified, "The Motion stands as stated." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13.2000 PAGE 22 OF 28 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS N. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Consider Transmitting A Large Scale Comprehensive Plan Amendment (LS-CP A-5-00) To The Florida Department Of Community Affairs, Which Would Change The Future Land Use Map Designation From "Mixed Use" To The New "Town Center" Designation On The CHC Tuskawilla Road Site Property. Mr. Grimms addressed this Item, and discussion ensued on the related parcels. Tape 4 /Side A Ms. Sandy Bierly, 131 Park Lake Street, Orlando, Florida: addressed the Commission on this issue. Discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion. "I'D LIKE TO MAKE A MOTION TO TRANSMIT LARGE SCALE COMPREHENSIVE AMENDMENT (LS-CP A-5-00) AS AMENDED THIS EVENING WHICH ELIMINATES PARK PROPERTY ONE (1) AS DEPICTED IN THE PLAN, AND ELIMINATES PROPERTY THREE (3) AS DEPICTED IN THE PLAN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13.2000 PAGE 23 OF 28 PUBLIC HEARINGS O. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing To Consider Transmitting A Large Scale Comprehensive Plan Amendment (LS-CP A-6-00) To The Florida Department Of Community Affairs, Which Would Completely Replace The Text And Maps In The Traffic Circulation Element In Volume 1 Of 2 And 2 Of 2 In The City's Comprehensive Plan. Brief discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MAYOR, I'D LIKE TO MAKE A MOTION WE TRANSMIT LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS-CP A-6-00) TO THE FLORIDA DCA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS P. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Consider Transmitting The Large Scale Comprehensive Plan Amendments LG-CP A-2-98, LG-CP A-3-98, LG-CPA-4-98 To The Florida Department Of Community Affairs, Which Would Add Three (3) New Policy Statements To The Comprehensive Plan Dealing With Land Conservation And Resource Protection In The Area Of The New Town Center. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Deputy Mayor Gennell inquired, "When in 2000 are we going to do this?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 24 OF 28 Mr. Grimms replied, "Well, we won't be doing it in 2000. It will be the year 2001." Deputy Mayor Gennell then inquired, "When in the year 2001?" Deputy Mayor Gennell continued, "All I am asking for is a date certain of when will this be accomplished?" Discussion. COMMISSIONER BLAKE STATED, "WHY DOESN'T THE COMMISSIONER MAKE THE MOTION TO HAVE ALL OF THESE ITEMS COMPLETED AND BROUGHT TO THE COMMISSION WITHIN THE FIRST NINETY (90) DAYS OF THE YEAR 2001, FOR APPROVAL." DEPUTY MAYOR GENNELL STATED, "I'LL MAKE THAT MOTION." Mayor Partyka clarified, "Specifically, Commission Gennell's question was to, 'On page four (4), talking about the - tighten up the language on the historically significant sites." Deputy Mayor Gennell added, "And archeological." DEPUTY MAYOR GENNELL CLARIFIED, "MY MOTION IS THAT WHAT IS REPRESENTED HERE IN THIS PARTICULAR ITEM, AND I'LL READ IT AGAIN; 'IN 2000, THE CITY SHALL DEVELOP MORE RESTRICTIVE LANGUAGE IN LAND DEVELOPMENT REGULATIONS, ENSURING THE PROTECTION OF HISTORICALLY SIGNIFICANT CUL TURALL Y AND ARCHEOLOGICALLY SITES FROM DEVELOPMENT OR REDEVELOPMENT. THAT THESE SPECIFICS THAT ARE TO BE INSERTED, IN THE 'COMP PLAN,' IN THE LDRS ARE BROUGHT BACK TO THIS COMMISSION WITHIN THE FIRST NINETY (90) DAYS OF 2001.'" MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO TRANSMIT COMPREHENSIVE PLAN AMENDMENTS LG-CP A-2-98, AND LG-CP A-3-98, AND LG-CP A-4-98 TO DCA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Deputy Mayor Gennell stated, "Mr. Mayor, I just want to call the Commission's attention and the Staffs attention to the letter from the Department of State, Division of Historical Resources, March 4, 1999, in this packet." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 25 OF 28 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE NEXT DISCUSSED, AS DOCUMENTED. .:. .:. VII. REGULAR REGULAR B. Community Development Department Requests That The Commission Arrive At A Consensus That It Either Accepts The October 16, 2000 Report Prepared By BDA Environmental Consultants Related To Wetlands, Conservation Areas, Threatened Or Endangered Species And Species Of Special Concern And Their Habitats, And Boat Docks Or That Additional Work Is Required. The consensus of the Commission was to get additional information on Boat Docks. It was decided that the City should get a "Scope of services" from this organization, complete with prices. Manager McLemore said "We'll bring it back to the Commission." REGULAR G. Community Development Department - Planning Division Requests The City Commission Hold A Hearing For Consideration Of A Proposed Annexation Agreement Between The City And Clinton And Retha Green To Provide The City's Sewer And/Or Water Service To Their Property Located Outside The City Limits Prior To Annexation. "MAYOR, I'D LIKE TO MAKE A MOTION WE APPROVE THE PRE- ANNEXATION AGREEMENT TO INCLUDE A PROVISION OF WATER SERVICE BETWEEN CITY OF WINTER SPRINGS AND THE GREEN ON LONG PALM DRIVE, IN LONGWOOD." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 26 OF 28 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Commissioner Blake asked, Manager McLemore if "Regular Items 'C,' 'D,' 'F' and then the new Item from the Consent Agenda - are those Items that could wait until the next regularly scheduled Commission Meeting?" "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE MOVE THE REMAINING ITEMS ON THIS AGENDA TO THE NEXT REGULAR MEETING, REGULAR AGENDA, AS APPROPRIATE, AND ADJOURN THIS MEETING." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. "I'LL MAKE A MOTION REPEATING COMMISSIONER BLAKE'S MOTION WITH THE EXCEPTION THAT WE DO REPORTS TONIGHT." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. "MOTION TO ADJOURN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Deputy Mayor Gennell stated, "Point of Order." Brief discussion on the upcoming Inauguration Ceremonies. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the meeting at 12:16 a.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT DISCUSSED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 27 OF 28 VI. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat IV - Cindy Gennell REPORTS E. Commission Seat V - David W. McLeod REPORTS F. Commission Seat I - Robert S. Miller REPORTS G. Commission Seat II - Michael S. Blake REPORTS H. Commission Seat III - Edward Martinez, Jr. REPORTS I. Office Of The Mayor - Paul P. Partyka VII. REGULAR REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Boat And Trailer Parking And Advise Staff Of Desired Action. REGULAR D. Community Development Department - Code Enforcement Division Requests The City Commission Consider Information Regarding P.O.D.S., Portable On Demand Storage Units And Give Direction To Staff. REGULAR E. Not Used. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2000 PAGE 28 OF 28 REGULAR F. Public Works Department Requesting Approval To Accept Funds From The Developer Of Winding Hollow For The City To Complete The Trotwood Connection Park Improvements. Respectfully submitted: Andrea Lorenzo-Luaces City Clerk '" -, :- ..:~"". " < ',~ "': -- -;~~ ~ ~ ~ ~;, -'r 4 _ _'~:,.._ ""'~;" ...... ~; ~?,f NOTE: These minutes were approved at the November 27 , 2000 City Commission Meeting, \ 1ft ~/oI FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS P Ic/:;J.- .~ST N~E-F;:.{ \U-\MIDD~ ~~ !,\ILlNG ADDRESS (g ~~ OS..JLG-c (:.,~ :IlY (,J I N1tJ2. 5 f',e ( M :r.. NAME OF BOARD. COUNCIL. COMMISSION, AlJTHORlTY. OR COMMITTEE /~ SP~/,.j(r-J Cat1l'1tJS.O,J. mE BOARD. COUNCIL. COMMISSION. AlJTHORlTY OR COMMITTEE ON 'NHICH I SERVE IS A UNIT OF: CITY 0 COUNTY NAME OF POLITICAL SUBDIVISION: v.> ; Ai'7'()t S: p~ MY POSITION IS: o omER LOCAL AGENCY ATE-ON w Ii COUNTY s~ I ,j otA:- I> II> ,J(}T V.nr. 0,..11-" It:- -r I (... o 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, :ommission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting : )nflict of interest under Section 112.3143, Florida Statutes. . )ur responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending Xl whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before ~i)mpleting the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES <\ person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which . nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ;ure which inures to the special gain or loss of a prin<:ipal (other than a government agency) by whom he or she is retained (including the ')arent organization or subsidiary of a c<?rporate principal by which he or she is retained); to the special private gain or loss of a relative; or /) 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 :apacity. =or purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, nother-in-Iaw, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business mterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation .He not listed on any national or regional stock exchange). ELECTED OFFICERS: n 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 AFfER 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. L\PPOINTED OFFICERS: ',:;; 'Wl:j:' 1-;';;' ;;~;;.;.: abstain from voting in the situations described above, you otherwise may participate in these matters. However. you lIust disdose the Iiaiu.e of the c0nf:ict befo.e mal\ilig any attempi to ilifluence the decision, whether orally or in writing and whether made _ ___..______J.___..~__ J'f yuu VI dt YUUI UII t:a.;\IVII. ;; YOU iNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE You must complete and file this form (before making any attempt to inlluence the decision) with the person responsible for recording the minI It~s nf th<! m~~tino who will inr.oroorate the form in the minutes. (Continued on other side) 1\(I~/()l o?:J,./......~ APpofN'fED 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 AITEMPT 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. I,JJQVl- DISCLOSURE OF LOCAL OFFICER'S INTEREST P. f N?-'1'( WI- . he,eby d;,do,e that on II ~ I ,20 0 v: (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, b. inured to the special gain or loss of whom I am retained; or ~fM.,"" \~t1A..0 , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. , The measure before my agency and the nature of my conflicting interest in the measure is as follows: , which M,JG~ A:'-,D,.j - 01-- ~ U~-'-'N Cr ~ A Fo <Il. 1,5 A<- P~L 5 J}L..C 0.'-- ~ ::c 6t1 '(')t-C P f!.d' (5C\'-I . ~'Ilo I 0 f , I .. _ '::: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE ,=m,"::',-i,if'>:S GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, -tv~OVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A ;-.-'i~ PENALTY NOT TO EXCEED $10,000. 0: FORM 88 - EFF. 1/2000 PAGE 2