HomeMy WebLinkAbout2003 04 14 Regular G Diane Park
COMMISSION AGENDA
ITEM G
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
04/14/03
Meeting
MGR. (L---' IDEPT l!.- -(j?
Authorization
REQUEST: The Parks and Recreation Department is requesting that the City Commission
approve developing "Diane Park" by providing $15,000.00 that is not budgeted and
would require a new appropriation from General Fund Reserves.
PURPOSE: The purpose of this item is to approve developing "Diane Park" and provide the
necessary funding from reserves.
CONSIDERATION:
. On August I, 2002, The City of Winter Springs executed a Binding
Development Agreement with Wayne P. Reece. (Nursery Road)
. The Agreement says that Mr. Reece will donate and convey lots 1 & 12 of
Block D to The City for use & maintenance as a Park. Also that the City
will name the Park "Diane Park"
. Parks and Recreation has developed a plan to minimally develop the Park:
Remove all vegetation 4" or smaller, palmettos, vines, remove
fallen uprooted log/trees, remove dead trees, canopy trees, and
protect tree root zones $8,850
Consent Agenda Item F
April 14, 2003
Page 2
Monument sign (engraved)
4 Expanded metal picnic tables
2 Bar-B-Q Grill
2 Expansion Metal Trash cans
Park Signage
$3,850
$1,500
$300
$300
$200
Total $15,000
FUNDING: General Fund Reserves
$15,000
RECOMMENDATION: The Parks and Recreation Department is Recommending that the
City Commission approve developing "Diane Park" with an
Appropriation 0[$15,000 from General Fund Reserves.
IMPLEMENTATION SCHEDULE:
April 15, 2003
May 2003
June 2003
Begin ordering Site Work, Sign and Park Equipment.
Site Work Completed.
Install Sign and Park Equipment and open Park.
ATTACHMENTS:
Attachment#l
Binding Development Agreement and site plan.
COMMISSION ACTION:
ATTACHMENT # 1
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MARYANNE I'Il.IRSE, C1..ERK OF CIRCUtT COURT
!iEMlNOLE COlIflV
BK 04522 PG 1817
CLERK.S I 2002940345
RECORDE.D 09/16/2002 02:30:22 Pr4
Rt~ORDIMG ~EtS ~4.50
RECORDED BY G Harford
P~pilred by and Return to:
Anthony A. Garganese. City Attorney
!p.'.j~ Brown, Ward. Sal~mlll1 & Weiss. P.A.
t:;. 225 Eo Robinson Street, SI,ji!e 660
P.O. B0)(2873
Orlando, Fl 32602-2873
Parcell.D. Nos. J3-2Ch.1O-503-0000.{)19U
33-20-30-503-OOOO-019A
33.20.30-So3-OOQlJ-019C
33.20-30.503-0000-0 1 g~
3.,1-20-30.513-0000-0010
33-20-30-513-0000-0120
BIN.RING DEVELQPMENT AGRe~MENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
"Development Agreement"), made and executed this ~ day of RI,.<tiusT_, 2002,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (heroin
referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs,
Florida, 32708, and WAYNE P. REECE, an individual (herein referred to as "Reece"),
whose address is 561 Virginia Drive, Winter Park, Florida, 32789.
WITNESSETH:
WH EREAS, Reece owns certain real property located in the City of Winter Springs,
Florida, and
WHEREAS, the Subject Property was annexed into the City of Winter Springs from
unincorporated Seminole County and Reece has petitioned to amend both the Future land
Use (FLU) designation and zoning classification to the appropriate City designation and
classification; and
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WHEREAS, Reece desires to proclaim his plans for future, use ,oLthe Subject .: ;,
roperty. as set forth under this Development Agreement; _lIIl1...lt.II\l11ll11Wl....."-,,.....--_....-
MARVANE MORSE, a..ERK IF CIRCUlT CWRT
SEMINOlE trAMV
BK 04543 PG 1742
CLERK'S ~ 2002950380
RECOJmED 10/02/2002 11 105143 ,.
RECORDING FEES 78.00
RECORDED BV M Mold."
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Apr-2-03 5:20PM;
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WHEREAS, Reece acknowledges that certain building safety, parking and traffic
problems exist on the Subject Property, as well as compatibility issues with surrounding
residential uses, and proposes measures to minimize the negative impacts of these
problems and to enhance the compatibility of the Subject Property with the surrounding
residential uses; and
WHEREAS, Reece proposes to enter into this Development Agreement with the City
to permit the future development of the Subject Property while minimizing the negative
impacts and enhancing compatibility of the existing and future uses of the Subject
Property, subject to roquirements of the City's Comprehensive Plan, the Code of
Ordinances, and conditions set forth in this Development Agreement; and
WHEREAS, the City finds this Development Agreement consistent with the
Comprehensive Plan and City Code of Ordinances and that approval of this Development
Agreement is a legislative act of the City Commission of the City of Winter Springs; and
WHEREAS, the City Commission further finds that this Agreement promotes the
ublic health, s~fety, and welfare and is consistent with, and an exercise of, the City's
owers under the Municipal Home Rule Powers Act, as provided in s. 2(b). Article VIII of
he Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police
WHEREAS, this Development Agreement was also adopted pursuant to the public
earing procedures set forth in Section 163.3225, Florida Statutes, and to the extent that
e Municipal Home Rule Powers Act does not authorize any provision hereunder, said
rovision shall be deemed adopted in accordance with the authority granted under
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Page 4
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FrL'~~UM 200294034~
OR BOOK 04522 PAGE 1819
Sections 163.3220 -163.3243, Florida Statutes, the "Florida Local Government
Development Agreement Act."
NOW THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows:
1. ~ecltals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this Development Agreement.
2. !\uthorit)l. This Development Agreement is ontered into pursuant to lhe
Florida Municipal Home Rule Powers Act, Code of Ordinances of the City of Winter
Springs. and to the extent necessary, the Florida Local Government Development
Agreement Act.
3. Repres~ntatjo~~ of Re,-c.e and City. Reece and City hereby represent and
warrant that Reece and City have the power and authority to execute, deliver and perform
the terms and provisions of this Development Agreement and have taken all neces8ary
action to authorize the execution, delivery and performance of this Development
Agreement.
4. ~l)J?ject PrQM!!y_ The real property subject to this Development Agreement
(hereinafter referred to as j'Subject Property") is legally described in Exhibit "A," which
is attached hereto and incorporated herein by this reference.
5. Phased Development. Reece agrees that future development of the Subject
roperty shall be in two (2) phases, AS follows:
5.1 Phase I. Reece agrees to promptly commence, and fully complete
within six (6) months, the following development requirements in substantial
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Apr-2-03 5:21PM;
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F. .E NU/l1 2002'340345
O)r' BOOK 04522 PAGE 1820
conformance with the conceptual Phase I Site Plan, which is attached hereto as
Exhibit "B," and fully incorporated herein by this reference C'Phase I Plan"):
A. Reece shall delineate and stabilize a grass parking area for
vehicles on the Subject Property which shall be located generally east of the
eastern-most existing automotive garage building and northeast of the
intersection of Nursery Road and Ridge Road.
B. Reece shall create and maintain a uno parking" zone on the
Subject Property which shall be approximately twenty (20) feet wide by two-
hundred seventy (270) feet long and generally located adjacent to Nursery
Road and depicted on the Phase /I Plan described below. The zone shall
be posted and enforced as a "tow-away zone" in accordance with Section
715_07, Florida Statutes. The zone shall also be kept Clt all time free of
debris and obstructions of any kind.
C. Reece shall construct a six (6) foot high masonry wall, with a
twenty-five (25) foot wide vegetative buffer, along the entire north and east
boundaries of the Subject Property that abut a residential area. Said wall
shall be constructed of material and designed in a manner deemed
acceptable to the City. The location of said wall and buffer is generally
depicted on the Phase I Plan, No improvements shall be located within the
buffer area except landscaping, the wall, and a portion of the proposed
retention pond (north boundary only) as depicted on the Phase I Plan.
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Apr-2-03 5:21PMj
Page 6
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OR BOOK 04522 PAGE
D. Reece shall construct a four (4) foot high masonry wall along
the south boundary of the Subject Property that generally runs approximately
four hundred (400) feet from Talmo Street towards Ridge Street. Said wall
shall be constructed Of material and designed in a decorative manner
deemed acceptable to the City. The location of said wall is general~y
depicted on the Phase I Plan. Future ingress and egress through the four
(4) foot wall may be constructed during Phase II of the development upon
approval by the City.
E. Reece shall re-stripe the parking spaces directly in front of the
existing eastern-most automotive garage building along Nursery Road to a
width of ten (10) feet each.
5.2 PhasfJ I~~ Reece agrees to fully complete the following development
requirements in substantial conformance with the conceptual Phase /I Site Plan
whic.h is attached hereto as Exhibit "C," and fully incorporated herein by this
reference ("Phase II Plan").
A. Prior to final site plan approval for Phase II development,
Reece shall have prepared a written traffic study and report ("Traffic
Report") to address the development under the Phase II Plan. The Traffic
Report shall be conducted by a traffic engineer and using a methodology
deemed acceptable to the City. The Traffic Report shall be at Reece's
expense. The Traffic Report shall address and provide recommendations
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Fl' . NUM 2002940345
O~-JOOK 04522 PAGE lSZ2
regarding. at a minimum, traffic generation, safe and efficient traffic
movement, pedestrian safety issues, right-of-way adequacy, curb-cut
location, and the potential for on- and off-site traffic improvements. The
Traffic Report shall be subject to review and recommendation by the City's
traffic consultant. Reece agrees to reimburse the City for the actual cost of
the City's consultant's fees for providing said review and recommendatio~.
The final site plan for the Phase II development shall implement the
recommendations accepted by the City to the maximum extent feasible. The
parties agree to coordinate the Traffic Report with the Florida Department
of Transportation.
B. Reece shall construct the proposed Phase II buildings which
are depicted on the Phase II Plan.
C. Unless sooner required by law, thp. Phase II development shall
bring all the parking areas on the Subject Property into conformance with all
applicable handicapped accessibility regulations.
D. Illumination levels from the Subject Property shall not produce
off~site illumination in residential areas nor off-site illumination in excess of
0_5 foot candles in commercial/industrial areas. Flickering or intrinsically
bright sources of illumination shall be controlled so as not to be a nuisance
to surrounding areas.
6. ~pecial Property Restrictions. Reece agrees that the Subject Property shall
e bound by the following special restrictions:
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FIL. ,4UM 2002940345
OR anOK 04522 PAGE 1823
6.1 Existing commercial/industrial floor area shall not be expanded on the
Subject Property, until Phase II development has received final approval by the
City. Phase II may be developed in phases.
6.2 On the eastern~most four hundred (400) feet of the Subject Property,
auto repair shops, automotive tire shops, mechanic shops, auto body shops, auto
paint shops, sheet metal shops, fabrication shops, Industrial uses, and uses which
generate obnoxious odors and excessive noise shall be strictly prohibited.
6.3. Businesses operating on the eastern-most four hundred (400) feet of
the Subject Property shall limit their hours of operation between 6:00 a.m. and 9:00
p.m.
6.4 To the extent thal City of Winter Springs' water and sewer service is
readily available to the Subject Project, as determined by tho City, Reece shall
utilize said services. Reece Shall be responsible for all fees, connection charges,
impact fees, and other fees required to be paid to obtain said services.
6.5 Reece shall fully cooperate with the City in tho City's attempt to
acquire additional right-Of-way in order to widen Nursery Road to ~ standard road
width at and near the intersection of U.S. Highway 17-92.
7. Park .fropertv Donation. Within ninety (90) days of recording this
evelopment Agreement in the Public Records of Seminole County, Reece shall donate
nd convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 of the
ublic Records of Seminole County for use and maintenance as a park. The closing on
aid property shall be conducted by the City Attorney and each party shall bear the closing
es that are customary for a seller and buyer under the Florida Bar Standard Real Estate
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407 425 9596;
Apr-2-03 5:22PM;
Page 9/18
F"ILb-"NU~ 2002940345
OR BOOK 04522 pAGE 1824
Sale and Purchase Agreement. The City agrees to execute I.R.S. Form 8283 to
acknowledge the donation of said real property upon proper receipt of the form from
Reece. Unless otherwise mutually agreed in writing by the parties, the City will name the
park "Diane Park. II
8. Succcsson; and As~ig"~. This Development Agreement shall automatically
be binding upon and shall inure to the benefit of the successors and assigns of each oft~e
Subject Property.
9. &mlicabl~ Law. This Development Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the City of Winter
Springs.
10. Amendments. This Development Agreement shall not be modified or
amended except by written agreement executed by all parties hereto and approved by the
City Commission of the City of Winter Springs.
11. Entire AQre~ment. This Development Agreement supersedes any other
agreement, written or 'oral, and contains the entire agreement between the parties as to
the subject matter hereof.
12. ~everatJIIDl. If any proviSion of this Development Agreement shall be held
o be invalid or unenforceable to any extent by a court of competent jurisdiction. the same
hall not affect in any respect the validity or enforceability of the remainder of this
eveloprTlent Agreement.
13. Effective Date. This Development Agreement shall become effective upon
pproval by the City of Winter Springs City Commission and execution ofthis Development
greement by all parties.
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FIL /NUM 2002940J45
OR BOOK 04522 PAGE 1825
14. Recordation. Upon approval by the City of Winter Springs City Commission
and execution of this Development Agreement by all parties, this Development Agreement
and any amendments hereto shall be recorded by the City in the public records of
Seminole County, Florida, and shall run with the land.
15. Belationshl~ of the Parties. Tl1e relationship of the parties to this
Development Agreement is contractual and arm's length. Reece is not an agent of the Ci.ty
for any purpose. Nothing herein shall be deemed to create a partnership, or jOint venture,
or principal-agent relationship among the parties, and no party is authorized to, nor shall
any party act toward third persons or the public in any manner which would indicate any
such relationship with any other party.
16. Sovereig!:llml11~nity. Nothing contained in this Development Agreement
shall be construed as a waiver of the City's right to sovereign immunity under Section
768.28, Florida Statutes, or any other limitation on the City's potential liability under state
r federal law.
17. City'~. Police Power:. Reece acknowledges and agrees that the City hereby
eserves all police powers granted to the City by law. In no way shall this Development
greement be construed as the City bargaining away or surrendering its police powers.
'18. '-r.-terpretation. The parties to this Development Agreement acknowledge
nd agree that all parties have participated equally in the drafting of this Development
greement, and no party shall be favored or disfavored regarding interpretation of this
evelopment Agreement in the event of a dispute between the parties.
19. COr:Jceptual Plans; Permits. Reece acknowledges and agrees that the
hase I and Phase II Plans are conceptual in nature and that final site plan approval is
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FI NUM 2002940345
OFf'-dOOlo( 04522 PAGE lea6
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required by the City before any development can lawfully commence. Furthermore, the
City may, at its discretion, require changes to the conceptual plans in order to address the
requirements of the City's Comprehensive Plan, Code of Ordinances, and the public
health, safety, and welfare. The failure of this Development Agreement to address any
particular City, county, state and federal permit, condition, term or restriction shall not
relieve Reece or the City of the necessity of complying with the law governing S~!d
permitting requirements, conditions, term or restriction_
20. Third P.arty RiQhts. This Development Agreement is not a third party
beneficiary contract, and shall not in any way whatsoever creale any rights on behalf of
any third party.
21. Specifjc Performance. Strict compliance shall be required with each and
every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
amage, <Jnd that specific performance of these obligations may be obtained by suit in
quity.
22. Attom~ys' r::,~~. In connection with any arbitration or litigation arising out
f this Development Agreement, the prevailing party shall be entitled to recover
easonable attorney's fees and costs through all appeals to the extent permitted by law.
he City shall have the right to lien the Subject Property for any attorneys' fees and costs
warded the City under this Development Agreement which are not timely paid by Reece.
23. Future Rezoning$/Development Permits. Nothing in this Development
greement shall limit the City's authority to grant or deny any future rezoning or
evelopment permit applications or requests, or the right of ~eece to apply for or oppose
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~tl NUM 2002~4034S
OR bdoK 04~22 PAGE 1627
any future rezoning or development permit application subsequent to the Effective Date
of this Development Agreement. In addition, nothing herein shall be construed as granting
or creating a vested property right or interest in the Subject Property.
24. Dura.'ion, This Development Agreement shall run with the land unless
revoked or modified by Reece and the City by filing a recorded instrument of equal dignity
herewith in the public records of Seminole County, Florida.
25. N.Qtices. All notices and correspondence shall be sent or dRlivered by
registered or certified mail to the parties hereto, return receipt requested, with copies
forwarded to their respective attorneys at the addresses set forth bolow or at such other
addresses as the parties hereto shalf designate to each other in writing:
A.
If to City;
Mr. Ronald W. McLemore, City Manager
City of WJnter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 40"{ -327 -5957
Facsimile: 407w327-4753
With copies to:
Anthony A. Garganese, City Attorney
Brown, Ward. Salzman & Weiss, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
Telephone: 407-425-9566
Facsimile: 407-425-9596
B.
If to Reece:
Mr. Wayne P. Reece
561 Virginia Drive
Winter Park, Florida 32789
Telephone; 407-647-0911
Facsimile: 407-647.6491
With copies to:
John A. Leklem, P.A.
5151 Adanson Street, Suite 98
Orlando, Florida 32804
Telephone: 407-628-3577
Facsimile: 407-628-2975
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Apr-2-03 5:24PMj
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FI~ NOM 2002940345
OR "BOOK 045ae PAGE laZe
Any notice or demand so given, delivered, or made by registered or certified mail will be
deemed so given, delivered or made three (3) days after the same is deposited into a U.S.
Mail receptacle and verified, return receipt requested, ad.dressed as above, provided with
postage thereon pre..paid. Any such notice, demand, or document not given, delivered,
or made by registered or certified mail as aforesaid shall be deemed to be given,
delivered, or made upon receipt of the same by the party to whom the same is to be given,
delivered or made.
26. .force Majeure. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ('Time
Period") constitutes a default under the terms of this Development Agreement and, if any
uch failure is due to any unforeseeable or unpredictable event or condition beyond the
ntrol of such party, including, but not limited to, acts of God, acts of government
uthority (other than the City's own acts), acts of public enemy or war, riots, civil
isturbances, power failure, shortages of labor or materials, injunction or other court
roceedings beyond the control of such party, or severe adverse weather conditions
"Uncontrollable' Event"), then notwithstanding any provision of this Development
greement to the contrary, that failure shall not constitute a default under this
evelopment Agreement and any Time Period proscribed hereunder shall be extended by
t e amount of time that such party was unable to perform solely due to the Uncontrollable
27. .city's ~iqht to Terminate AQreemen~. Failure by Reece to perform each
d everyone of its obligations hereunder shall constitute a default, entitling the City to
rsue whatever remedies are available to it under Florida law or equity including, without
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FIl. "'UM 2002940345
OR SOOK 04Sa2 ~GE 1829
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limitation, an action for specific performance and/or injunctive relief or alternatively, the
termination of this Development Agreement. Prior to the City filing any action or
terminating this Development Agreement as a result of a default under this Development
Agreement, the City shall first provide Reece with written notice of said default. Upon
receipt of said notice, Reece shall be provided a thirty (30) day opportunity in which to
cure the default to the reasonable satisfaction of the City prior to filing said action or
terminating this Development Agreement. If thirty (30) days is not a reasonable period in
which to cure the default, the cure period shall be extended to a reasonable cure period
mutually acceptable to the City and Reece, but in no case shall that cure period exceed
ne-hundred twenty (120) days. Upon termination of the Development Agreement, Reece
hall immediately lose all rights and privileges granted hereunder.
IN WITNESS WHEREOF, the parties have executed this Development Agreement
s of the date first written above.
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ANDREA lL"PRENZO-LUACES
City Cleri<1
By:
Mayor
WAYNE P. REECE, ,"
an indi2: /.
By: _~ /~
WAY E P. REeCE
Date: tJ8 fa, L 0 '-
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~'TATE OF F~'DA
COUNTY OF ~... -1"-
The foregoing Instrument was acknowledged before me this / ~ay of () ~ ~- . , 2002,
by Wayne P. Reece, [vf who is personally known to me, or [ J wh~oduced
as identification.
~~~W1
NOTARY UBLlC, S e "'onda
My commission expires: Il....:JI!J..oS-
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FI, NOM 2002940345
OR '-SoOt< 0452'2 P~GE 18.10
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EXHIBIT uA"
Legal Description
· Lot 19 and the westerly one-half of Grace Avenue abutting Lot 19,
. ENTZMINGER FARMS ADDITION NO.3, as recorded in Plat Book 6, Page
27, Public Records of Seminole County, Florida.
Parcel #1: Westerly 500 feet of Lot 19 (less southerly 165 feet and souther.ly
235 feet of westerly 170 feet) ENTZMINGER FARMS ADDITION NO.3,
according to the plat thereof recorded among the Public Records of Seminole
County, Florida.
Parcel #2: That part of Lot 19, ENTZMINGER FARMS ADDITION NO.3,
recorded in Plat Book 6, Page 27, of the Public Records of Seminole County,
Florida, and being more particularly described as follows: Commence at the
northwest corner of said Lot 19, thence N84009'38"E, 500.00 feet along the
north line of said Lot 19 for a Point of Beginning; thence S05050130"W, 156.11
feet along a line parallel with and 500.00 feet easterly of the westerly line of
said Lot 19, said 500.00 feet being measured along the north line and along the
south line of said Lot 19, thence N85030'33"E, 31.91 feet; thence N05056'57"W,
153.63 feet to the P<;>int of Beginning.
arcel #3: Northerly 70 feet of southerly 235 feet of westerly 170 feet of Lot 19,
NTZMINGER FARMS ADDITION NO_ 3, according to the plat thereof as
ecorded In Pfat Book 6, Page 27, Public Records of Seminole County, Florida.
ots 1 and 12, Block D, TAlMO SUBDIVISIONt Plat BOOk 9, Page 10.
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TO: The Mayor
FROM:
J. Thomas Cochran, Executive Director
~~
SUBJECT: Letter From Mayor O'Malley:
House/Senate Conference this Week on Supplemental
DATE: April 7, 2003
The House-Senate conference committee on the war/homeland security supplemental will take place
this week, with final action on the bills expected by April 11. The Conference of Mayors is working to
ensure that the final bill provides as much funding as possible for first responders, with flexibility and
quick time-lines for disbursement.
Attached is a letter from Baltimore Mayor Martin O'Malley, Chair of our Homeland Security Task
Force, <)0 the action last week and on moving fonvard.
If you have any questions, please contact Ed Somers at (202) 861-6706.
attachment
April 7, 2003
Dear Mayors:
Thank you for your help with our recent efforts to get immediate, direct funding and to increase the
amount of money that cities receive for first responders from the supplemental appropriation to support
the war. The Senate modified President Bush's wartime supplemental and included a total $2.2 billion
for first responders, $200 million more than proposed by the Administration.
The work done by Senators Mikulski, Clinton and Schumer will not be forgotten by the mayors from
their states and from every state that wanted direct, adequate funding for first responders delivered in a
timely and practical way.
While the amendment that would have helped cities most didn't succeed in getting enough support
from the Senate late last week; we have managed to get our message across and we have gotten some
more money. The calling and letter writing campaign that many mayors participated in was a great
success and was acknowledged by the Senators on the floor of the Senate.
"
We received tremendous support from the firefighters and police officers organizations - and the
combined pressure is a powerful tool. Their support is crucial in affirming with the public that our
requests are for the frontline troops in this new war.
The supplemental now goes to conference committee and we will redouble our efforts in the next few
days to push for the best deal for our eities.
Sincerely,
~
Martin O'Malley
Mayor of Baltimore
Chair, Homeland Security Task Force