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HomeMy WebLinkAbout_2001 01 08 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JANUARY 8, 2001 I. CALL TO ORDER The Regular Meeting of January 8, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 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 David W. McLeod, present Commissioner Robert S. Miller, arrived at 6:33 p.m. Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, absent City Manager Ronald W. McLemore, arrived at 6:45 p.m. Public WorkslUtility Department Director Kipton D. Lockcuff, P.E., present until 6:45 p.m. City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Commissioner Robert S. Miller arrived at 6:33 p.m. .:. .:. AGENDA NOTE: A PORTION OF "PUBLIC INPUT" WAS MOVED AHEAD OF "PRESENTATIONS" TO ALLOW ONE INDIVIDUAL TO SPEAK. THE REMAINDER OF "PUBLIC INPUT" W AS HEARD AFTER THE "PRESENTATIONS" SECTION. .:..:. II. PUBLIC INPUT Mr. Paul Leckinger, 1301 Winter Springs Boulevard, Winter Springs, Florida: read a personal statement in opposition to an Italian Restaurant planned to go into a site in the Tuscawilla subdivision. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 2 OF 26 Presentations Mr. Phil Stalvey, the County Representative to the recently formed Community Alliance, asked for a representative from this City, to serve on their Board, in support of the children of Seminole County. Mr. Stalvey asked that the representative attend their next meeting to be held on Wednesday of this week, from 11:30 to 1 :30 p.m. Commissioner Edward Martinez, Jr. advised Mr. Stalvey that he would be contact him, later in the week. .:..:. AGENDA NOTE: THE REMAINDER OF "PUBLIC INPUT" WAS HEARD NEXT. .:. .:. II. PUBLI C INPUT Mr. Ronald W McLemore, City Manager arrived at 6:45 p.m. Mr. Kip Lockcuffleft the dais at 6:45 p.m. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: spoke against the proposed Italian Restaurant in the Tuscawilla subdivision. Mr. Marc Levin, 160 Seville Chase Drive, Winter Springs, Florida: mentioned his support of the Fisher Lane paving project. Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida introduced Ms. GeorgeAnne Martin, 1004 Taproot Drive, Winter Springs, Florida: spoke on the City's Arbor regulations; the need to remove a tree on Ms. Martin's property; and asked the Commission to waive a $100.00 fee, due to extenuating circumstances. Discussion. Deputy Mayor David McLeod stated, "I would like to direct the City Manager to get with Code Enforcement and see that we come up with a change to the Ordinance - to come up with a remedy to this type situation." Deputy Mayor McLeod added, "That would be my take on this." Further discussion on Arbor regulations and tree removal suggestions. Mayor Partyka stated, "I'd like the record to show that the Commissioner is not condoning illegal activities." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 3 OF 26 Commissioner Michael S. Blake stated, "Have this Commission direct Staff to come back to the Commission with an improvement to the Ordinance, that takes into account obviously something that we did not foresee, which I think should be the intent of this Commission to make sure that we don't put undue burden on the citizens. This is clearly an issue of health, safety, and welfare in the City and ought to be corrected. Once that is corrected, then the $100.00 dollar situation, I think would go away. What the Commission could do, as we have done previously, is to direct Code Enforcement to abate any action on this particular case, until such time that the new Ordinance either fails or is adopted, and then at that point in time, they can take appropriate action." Deputy Mayor McLeod stated, "I think I would have to agree with Commissioner Blake's proposal, that we postpone this thing until which time Staff comes back with appropriate means to address this type of situation." Manager McLemore stated, "I'm just trying to clarify your direction. Your direction is 'there are situations under which we don't want to take any action to require the replacement of the trees.'" Commissioner Martinez said, "Everything in the Charter and the Code refers to health, safety, and welfare of the residents of this City. And I think that if you amend the Ordinance to read that any instance such as this which is obviously a threat to health, safety, and welfare because of the conditions of that driveway, and the roots sticking out up out of the ground. In a situation like that, you put a catchall phrase in there, well, it is up to the person to come here and prove to us that the tree in question is a threat to the health, safety, and welfare of the residents of that property. And then we will have to decide up here intelligently, whether that is - or not, and make a decision." Mayor Partyka stated, "I am going to suggest that we finish up the 'Public Input' on the restaurant. I have that all grouped together, and then what I suggest is that move up regular Agenda 'I' to be discussed right after the 'Public Input." The Commission was in agreement with this. It was also agreed that the other 'Public Input' comments would be heard prior to this. Ms. Louise Conine, 745 Sybilwood Circle, Winter Springs, Florida: thanked the Commission for their assistance and their input on the placement of the batting cages, and for their cooperation and concern with this matter. Mr. George Seely, 211 Birch Terrace, Winter Springs, Florida: inquired as to why there was a Winter Springs police car at the Orlando International Airport, and asked about such practices. Ms. Terry Aran, 316 Heatherwood Court, Winter Springs, Florida: stated that the "Position of the Board is consistent with the agreement between the City and Winter Springs Little League." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 4 OF 26 Ms. Tammy Rode, 617 David Street, Winter Springs, Florida: asked about the proposed Respite Center and stated that she was against this. Mr. Carl Stephens, 1700 Fisher Road, Winter Springs, Florida: spoke in favor of the paving of Fisher Road, and suggested that water lines be installed at this same time. Mr. Stephens also mentioned his great concern with water levels, and suggested that we check into "cold water paving." Mr. Brent Gregory, 799 Night Owl Lane, Winter Springs, Florida: spoke against the proposed Ordinance 2001-06, and offered suggested wording from the "Jupiter Inlet Colony." Mr. David Baldino, 520 Fisher Road, Winter Springs, Florida: stated he was fine with the Fisher Road paving, just along as it was controlled, and suggested additional traffic calming devices and related engineering studies be considered. Tape I/Side B Commissioner Blake further stated, "If we could just find out about that and report back to us, I would appreciate that." Manager McLemore stated, "By the end of the meeting. Sure." Commissioner Miller stated, "I would rather see the City Manager come back with an Item in the next meeting that would address the possibility of doing this on Fisher Road." Commissioner Miller further stated, "I would like to see the City Manager bring back to us at the next Commission Meeting - input on what this might cost the City to just look at this right up front, and do it now, rather than have to deal with constant questions later as to why we didn't look at it at this time." Further discussion ensued on speeds along Fisher Road. Manager McLemore stated, "We can run studies on the road and see what the actual speed is, once it is paved, before we do anything, or we could assess it now." Mayor Partyka stated, "Based on this one, come back with something and whatever that report is." Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke against the Respite Center; and problems with Staff not informing the Commission of upcoming projects. Mr. Byron Giltz, 1001 Troon Trace, Winter Springs, Florida: is the President of the Greenbriar Homeowners Association; and as an individual he is opposed to the planned Italian Restaurant in Tuscawilla. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 5 OF 26 Ms. Barbara Wilkins, 779 Andover Circle, Winter Springs. Florida: spoke in opposition of the planned Italian Restaurant in Tuscawilla; and her discussions with City Staff on this project. Mr. Edward Turner, 926 Wedgewood Drive, Winter Springs, Florida: spoke on the proximity of his residence to the planned Italian Restaurant, and was opposed to this project. Ms. Stacy Swindle, J 424 Whitehall Boulevard, Winter Springs, Florida: spoke in support of the Italian Restaurant planned for Tuscawilla. Ms. JaNem Passalacaw, 704 Barrington Circle, Winter Springs, Florida: spoke In opposition to the planned Italian Restaurant in Tuscawilla. Ms. Maryann Avery, J 069 Chokecherry Drive, Winter Springs, Florida: offered her support of the planned Italian Restaurant. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: as the representative for the Tuscawilla Homeowners Association, he mentioned his concern with protecting the Tuscawilla community; conversations he has had with Mr. Alec String; and previous endeavors of the owner of the proposed Italian Restaurant. Mr. Tim Johnson, J J 09 Gator Lane, Winter Springs, Florida: spoke of his support of the planned Italian Restaurant in Tuscawilla. Mr. Jim Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: was in favor of the planned Italian Restaurant in Tuscawilla. Mr. Anthony Marasco, J 3 J J Deer Run, Winter Springs, Florida: suggested that all the related parcels be placed together as "one package" and build townhouses. Mr. Marasco also suggested that Colt Drive be repaired. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS HEARD NEXT. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8,2001 PAGE 6 OF 26 VI. REGULAR REGULAR I. Commissioner Edward Martinez, Jr. Requesting The Commission To Discuss Issues Related To The Location Of A Restaurant At The Intersection Of Winter Springs Boulevard And Northern Way In The Tuscawilla PUD. Deputy Mayor McLeod stated, "That the City Attorney or yourself should review what the rights of the property owners are, of that property." Deputy Mayor McLeod further said, "I think from a legal standpoint, we should understand what this Commission is actually dealing with." Commissioner Martinez was asked to explain his reason(s) for bringing this matter up at tonight's meeting, and he addressed those in attendance. Mr. Eduardo Darona: "My name is Eduardo Darona and I live at 1067 Chokecherry Drive, Oak Forest." Mrs. Darona: "And I'm Mrs. Darona also residing at that residence. Brief comments. Mayor Partyka: "Okay. Well, You've heard everything so..." Mr. Darona: "What I heard, - and what I feel bad for people in TuscawiUa you know, because it's from a couple of people who starts and makes everybody scared, and makes everybody look like, including some of the Commissioners, put in a panic - we are all independent businesses, you know somebody else before me... I'm sorry, because I've never been in public talking, just everybody heard that. They got in my personal life, checking things. I don't owe nobody nothing. I paid everything what he's saying, and I can prove it to him and to anybody. And those forty-six thousand that was paid, in the time that they asked. And now, this is my third business I own, and everywhere I've been, I've been successful. And I don't need nobody's permission to sell the business, or to buy business, or whatever to do in my life; and I don't go in his life and nobody's life. Or anybody's business, he's - I'm sorry, he bought across from the '7-11' and what I'm really upset you know, I'm very nervous you know, to get in my personal life. I want to discuss this with my attorney. I hate to discuss this in front of everybody, but what I want to tell people in Tuscawilla, how they can believe somebody goes in my personal life and put in a panic and telling everybody, making it look like pizza look like entertainment club; that is going to be a restaurant. Even the name of the restaurant for the people, because I live in Tuscawilla and I don't want to see Tuscawilla go down, and I name it 'Tuscany's' Restaurant. And - pizza, and Pizza Hut, anybody who got this idea is completely wrong. What I subject... [End of this side of the tape] CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 7 OF 26 Tape 2/Side A Mr. Darona mentioned that, "Matter of fact, me and Alec String yesterday, we got together and we got a new contract - it's a Lease Option to buy the building, and I am going to buy the building. And I think people in Tuscawilla are going to appreciate it to see a nice upscale restaurant, and that's not going to be a pizzeria. Of course, there is going to be pizza, you know, take-out anytime, and so on like that, but most of it is going to be a sit-down restaurant. And I hope people in Tuscawilla are going to appreciate even the name. I can put any name I want - Tuscany's to match and to blend in with Tuscawilla." Mrs. Darona added that "We are planning on an upscale, nice, for the family restaurant. There will be no drive-thru. We are not planning on trash all over the place. We will maintain the property. It's for the families ofTuscawilla." Mayor Partyka asked, "What kind of food are you going to serve there?" Mr. Darona answered, "It's going to be International food including steaks, seafood, you know - my specials, beer and wine." Mr. Darona added, "Just I want to tell people you know, how they can believe somebody saying liquor license. Can you anybody prove it to me? Of what kind of liquor license it is going to be? It's not going to be a liquor license, it is going to be beer and wine license." Mr. Darona also stated, "There is not going to be trash, and hanging around with the kids and up and down. It's going to be a nice, family - I'm not going to make it a five star restaurant." Further comments. Mayor Partyka: "What are your hours of operation?" Mr. Darona: "It's going to be 4:00 to 10:00, Monday through Friday. Saturday it's going to be 12:00 to 10:00. Sunday, it's going to be 1 :00 to 9:00 or 9:30. Even the hours to match completely - you know everybody in Tuscawilla is working. What I figured out, you know, everybody can come from work, 4:00 or 5:00 or 6:00, can come and if they want pizza to take-out, they can have pizza. If they want to sit down and have nice dinner with the wife and the kids, they can come, you know. I cannot say, only dressed in a suit and tie, and something like that. It's a family restaurant, where somebody can go and eat and have a nice steak, and not like when you go to some other places and paying for dish, $16.99. You go over there, you're going to pay $9.99 and I've promised people in Tuscawilla. If even the people that oppose us, these are the one's that are going to support me, they are going to see what I am going to do. And I don't stab nobody's back, and I don't say nothing against nobody but I'm very upset; why somebody to get into my personal life. That really upset me, very bad; and I'm going to talk about this with my attorney. " Mayor Partyka: Okay. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 8 OF 26 Mr. Darona: Nobody ever tried to check my Social Security Number or tried to go in my personal life, just to discuss about restaurant. If really somebody opposes the Restaurant they are going to talk about restaurant, I'm not talking about nobody behind their back, or in front of them, with the public. Mayor Partyka further said, "Let me ask you just a couple of points from the last meeting. Dumpster, trash, those kind of things." Mr. Darona replied, Hillery - "Yeah, I really feel bad for the guy. I want to make, you know, because he is right - my next door neighbor. And I'm not trying just to be nice, but I know how he feels. If you're going to make it a dump, you know what I mean, trash all over, nobody is going to like it, especially not your next door neighbor. What I am going to do, even the dumpsters, and everything, I am going to put fence around. Everything's going to be nice and painted, and nice and clean." Mayor Partyka then said, "There is an issue on odors, elimination of odors, etc. Any comments on that." Mrs. Darona replied, "We've owned a restaurant for a number of years, I can stand outside that restaurant, I smell nothing. I can stand on the front, the back, there is no smell. It is filtered through the exhaust system. We've never had a problem with that." Commissioner Miller spoke of permitted uses for this property and asked that someone from Staff make copies of this information, and make them available for the public as they leave. Commissioner Martinez stated, "I would just like to correct the record if I may, and I think I may be correct, if not please correct me, but - this agreement of 1990 and 1991, did not cost the City two million dollars. What cost the City two million dollars were subsequent actions that were taken that took place between '93 and '96." Mayor Partyka stated, "You are correct." Mayor Partyka then inquired about lighting, site lighting. "What kind of lights are you going to have, on the restaurant, on the parking?" Mr. Dirona replied, "We are not going to change anything, you know, because you know, because if we change anything, we are going to make people look like - you know what I mean. We are going to leave it the same way it is, we just change the name; and it's a brick sign outside, you know; and light it from underneath. That what are our plans, you know what I mean." Further brief discussion covered required candlepower requirements. Deputy Mayor McLeod suggested that "There may be a requirement that you have to bring the light intensity up to a certain candlepower, and it may be part of the insurance requirement by your insurance carrier to bring that candlepower up to a certain wattage, in the parking lot, so that you're not subject to lawsuits. It becomes a liability for the City and yourself, so I mean those are - issues I think that need to be checked into by our Staff, and by yourself." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 9 OF 26 Deputy Mayor McLeod further stated, "Mayor, I would like if you would and I've asked this for the third time now, to have the City Attorney make sure that we all understand where this Commission sits." City Attorney Anthony A. Garganese spoke of the legal issues and stated "With respect to the permitted uses for this site, those uses were determined by the City Commission in the Settlement Agreement in 1990." Attorney Garganese further stated that "With respect to permitting, there are just limited permitting requirements that the property owner would have to comply with, pursuant to the City code. I believe they are going through the Development Review Committee process to get final approval; and it's my understanding, I don't believe any City Commission approval is needed at this time." Commissioner Martinez said, "I would just like to state for the record for the past two (2) years, I have been a proponent of having this Commission informed of any applications for any project whatsoever in this city at the time that the application comes in." Commissioner Martinez further stated, "That I am once again requesting that the City Manager make at least me, (if the other don't want it, I don't care), but make me aware of any application that comes into this City for any kind of project, at the time that the application comes in, please!" Mayor Partyka agreed and said, "Let me say on the record, I agree with Commissioner Martinez, in terms of getting information as quickly as possible." Deputy Mayor McLeod added, "I just would like to point out, that part of that decision contained 20.7 acres more or less, but it is also put into the books of Seminole County - recorded there, and the County books of 2277 and page number 0495, which is part of our Exhibit tonight that we have, and on page two (2) of the "Permitted Commercial Uses," 'bi.' on page two (2), it does list restaurants - it indicates to me that part of the agreement here is that there was an agreement, there was a restaurant agreement and settlement, and anything that this Commission at this time does over and above that, we are subjecting ourselves to lawsuits. So, I think you just need to be well aware of that." Mayor Partyka called a break at 8:27 p.m. The meeting was called back to order by Mayor Partyka at 8:46 p.m. Mayor Partyka stated for the record, "Commissioner Miller is here, Commissioner Martinez is here, Deputy Mayor McLeod is here, so we have a quorum to conduct business." Commissioner Blake returned to the Commission Chambers at 8:47 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8. 2001 PAGE 10 OF 26 .:..:. AGENDA NOTE: THE CONSENT AGENDA WAS NEXT DISCUSSED, WITH SEVERAL ITEMS BEING DISCUSSED MORE THAN ONCE. .:..:. III. CONSENT CONSENT A. Office Of The Mayor Resolution Number 2001-02, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Marilyn Dickinson For Her Service On The Beautification Of Winter Springs Board. CONSENT B. Public Works Department Requesting Authorization To Execute Amendment 70 - Fisher Road Paving And Drainage Design For Consulting Engineering Services With Conklin, Porter & Holmes Engineers, Inc. Discussion. Regarding adding water lines to this area, Deputy Mayor McLeod asked, "And there is no where in your one cent taxes or anything that makes that be a collector road down through there that would benefit - to bring the water lines in at the present time, other than in the future to go back and to cut the - street up?" Mr. Lockcuff responded by saying, "The Transportation Impact Fee Ordinance is pretty specific on what the monies can be used for, and it's not water or sewer, for that matter." Deputy Mayor McLeod then said, "I would find it of interest that when the engineering firm takes a look at this thing, that they come back at least, or you do, within a couple or three (3) weeks that at least it's budgetary." Traffic Calming concerns were further discussed. During this discussion, Manager McLemore said to Mr. Lockcuff, "There was some discussion about designing into this 'Traffic Calming.' I don't know if you heard that discussion." Mr. Lockcuff stated, "Yes, Sir." Manager McLemore added, "I think that is something we could do." Mr. Lockcuff added, "Could I make a suggestion as to actually incorporate some Traffic Calming concepts in the design, rather than to come back next meeting, and come back, probably in a couple of months with something for you to look at?" Manager McLemore stated, "Sure." Commissioner Miller stated, "I would like to see the information on this Traffic Calming aspect of it presented to this Commission far enough in advance so that we are not confronted with 'these are the costs for the road' and we are not in a position to provide funding for anything else." Commissioner Miller added, "I would like to see that come back to us in a timely manner." Mr. Lockcuff stated, "No problem." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8,2001 PAGEIIOF26 CONSENT C. Public Works Department Requesting Authorization To Execute Amendment 69 - Hickory Grove Park Road For Consulting Services With Conklin, Porter & Holmes Engineers, Inc. CONSENT D. Public Works Department Requesting Approval Of Resolution #2001-01 Authorizing The City Manager To Apply For A Highway Beautification Grant, Enter Into A Highway Beautification Grant Memorandum Of Agreement, And Enter Into A Highway Landscaping Maintenance Memorandum Of Agreement With The Florida Department Of Transportation For The Beautification And Maintenance Of State Road 434. Brief discussion. CONSENT E. City Manager Requesting Authorization To Amend The FYOl Budget To Include The Cost Of The Charter Review In The Amount Of $25,000 Financed Through A General Fund Appropriation. CONSENT F. City Clerk Approval Of The Minutes Of The December 4, 2000 Special City Commission Meeting (Continuation Of November 27, 2000 Regular City Commission Meeting). CONSENT G. City Clerk Approval Of The Minutes Of The December 11, 2000 Regular City Commission Meeting. CONSENT H. City Clerk Approval Of The Minutes Of The December 20, 2000 Special City Commission Meeting. "I'D LIKE TO MAKE A MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8,2001 PAGE 120F26 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. For the record, as is usually done, Resolution 2001-02 was read and Ms. Marilyn Dickinson, who was in the audience, was thanked. (See Attachment "A.") IV. INFORMATIONAL INFORMATIONAL A. Utility Department Providing The City Commission With The SJRWMD Draft Of A Model Water Shortage Ordinance. Discussion. Commissioner Miller spoke of his concerns and said, "We need to send a strong message as a city to the St. Johns people and maybe - with the Mayor's signature and r think also to some of our contacts in Tallahassee, informing them that we are becoming more and more concerned as a City about the water supply, in this are of Florida in the future, and that somebody needs to get on St. Johns to take a real hard look at this so that things like this can be prevented. Commissioner Miller added, "Have the Mayor draft a document over the next week or two that lays out some of these points to whomever we want to send this message to - the County, the State, the St. Johns, that we are very concerned about the future of our water supply." The Commission was asked if they agree and input was suggested. Commissioner Blake suggested that "The correct avenue here is to take this through one of the regional councils that exist, whether it be CALNO or the Regional Planning Council, and if we would like to draft a Resolution to send to one of those agencies, in order to provoke some sort of an action from there, instead of St. Johns, I think that would be much more effective." Overall, the consensus was, as stated by Mayor Partyka, "City Manager, maybe you could help me draft some kind of letter and we will send it out to local boards, in terms of a Resolution." Mayor Partyka stated, "Need a Motion to approve the Informational Agenda?" "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8. 2001 PAGE I30F26 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2001- 01 That Would Annex A 0.72 Acre Parcel. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Andre Biewand, 997 West Kennedy Boulevard, Suite A-5, Orlando, Florida: as the Vice President of Telecorp addressed the Commission. Mayor Partyka stated, "I would like to also mention the fact that in my business as a realtor, I am representing or have represented Mr. Biewand and his company in several properties, so I happen to be representing the potential buyer of this parcel." Mr. Tom Grimms, Comprehensive Planning Coordinator read a letter authorizing purchase of this 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. Tape 2/Side B CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8. 2001 PAGE 14 OF 26 "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2001- 03 That Would Annex An Approximately 6.5 Acre Parcel. Mayor Partyka stated, "I need a Motion to read by "Title" only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. A representative for the owner, briefly addressed the Commission. 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 WOULD LIKE TO MAKE A MOTION WE MOVE THIS ON TO A SECOND READING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8,2001 PAGE 150F26 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS C. Commissioner Edward Martinez, Jr. Requests Reconsideration Of An Ordinance Amending Chapter 8 Of The Code Of Ordinances Related To Flood Damage Prevention And Section 9-241 Related To Stormwater Management. Discussion. Commissioner Martinez stated, "This very question came up some time ago, and the Attorney gave the same answer, being that I was on majority side, because it takes three votes, and only two voted for it. I stood for three votes, and that put me in the majority. and we discussed this here, and it was decided that it could be brought back up, as it is being brought back up now. And the reason why I asked then, and I am going to say it again for the record, that this be postponed before we even took it to a vote, and we spent an hour in discussion, over an hour in discussion, is because Commissioner Miller had an interest in this Ordinance here, and I asked that it be postponed so Conm1issioner Miller, who wasn't here, present at the time, be given an opportunity to participate in the discussion of this Ordinance. But, I was overruled by the other Commissioner's sitting. Then, eventually they brought this to a vote, and it went down. I remain in the majority, and I asked that it be brought back, and we are handling it today. Thank you very much." Attorney Garganese clarified that regarding this Agenda Item, "You are starting anew - First Reading." Commissioner Martinez stated, "Mayor, Point of Order." Commissioner Martinez spoke about the Attorney's opinion. Commissioner Blake stated, "Point of Order." Commissioner Blake spoke of procedures. Further brief discussion followed about the prevailing party. "I MAKE A MOTION TO RECONSIDER ITEM 'c' UNDER TODAY'S AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 16 OF 26 VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. 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. "I MAKE A MOTION THAT WE MOVE IT TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department - Code Enforcement Division Requests The City Commission Holds A First Reading Of Ordinance 2001-06 That Amends The Code Dealing With Parking In Residential Areas. Mayor Partyka stated, "Looking for a Motion to read by 'Title' only." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 17 OF 26 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese suggested that "You should stick with the term 'yard' because 'yard' is defined in the Zoning Code and it is a term - and we did provide a copy of those definitions for you in your agenda packet." Attorney Garganese then reviewed other changes in the Agenda Item. Commissioner Miller stated, "There was a gentleman that appeared before us earlier this evening, and left a document with us." Commissioner Miller suggested that "I would like to see us include some of the wording in here." Mr. Brent Gregory, 799 Night Owl Lane, Winter Springs, Florida: briefly addressed the Commission. 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. "I'D LIKE TO MAKE A MOTION WE MOVE 2001-06 TO A SECOND READING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 180F26 VI. REGULAR REGULAR A. Community Development Department - Land Development Division Presents To The Commission, For Their Action, The Recommendation Of The Planning And Zoning Board On The Preliminary Engineering Plans For The Proposed Belfaire Subdivision (aka Battle Ridge). This Item was introduced by Mr. Donald LeBlanc, Land Development Coordinator. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR B. Parks and Recreation Department Requesting That The City Commission Consider 2 Approaches In Regards To The Batting Cage Project At Trotwood Park, And Establish The Appropriate Direction. This Item was introduced by Mr. Chuck Pula, Parks and Recreation Department Director. Discussion ensued on actual costs. Commissioner Miller stated, "I would like to Table this Item until the next Commission Meeting, and I would like to see some information from the City as to how many hours it is going to require Public Works to devote to this because if we are - going to approve this thing tonight, without knowing what the impact is going to be in other areas, other things that the City is planning to do, which we are just going to delay, for a certain period of time, while we do this - I think this Commission ought to know what that impact is going to be and what the delay is going to be in some of these other things that need to be done. In the interim, I would suggest that we just leave this issue for two weeks until we have a firm grasp on what that is." Commissioner Miller further stated, "I am not against what is being proposed here; what I am against, is I don't have the information - I don't have an understanding of what this is going to cost." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8. 2001 PAGE 19 OF 26 Commissioner Miller then stated, "I would just like to go on the record, that when people buy property on a park, a budding park property, we have parks in several locations in our City which are confronted with the same type of problem. You have basketball courts in several location, almost the same distance from people's homes as this, and we are not going out of our way to accommodate those people by relocating those facilities. We're not putting up fences around certain parks where we should put them up, and all of these things are things that we're going have to tell the folks in these other areas of the City, we're just not able to do that this year, we're going to do it next year, because - we are not really not going to tell them why. So this is going to be a cross in terms of delaying a lot of things that need to be done, and I would like to see something in the next package, which comes out - in two weeks tonight, that says, 'this is how many man hours are going to be allocated to this, and this is what the delay is going to cost, and some of the programs which we would like to do, but we are just going to push into the future." "I AM MAKING A MOTION TO POSTPONE IT FOR TWO WEEKS UNTIL WE GET THIS INFORMATION ON WHAT IT IS GOING TO REQUIRE THE CITY TO EXPEND IN TERMS OF INFORMATION WHICH IS NOT SHOWN ON THIS DOCUMENT, MAN-HOURS." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. Tape 3/Side A Further discussion. "I RECOMMEND THAT WE APPROVE ITEM B USING THE APPROACH - RECOMMENDATION #2." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Deputy Mayor McLeod stated, "Let the Commission know what this thing really cost us, will you please." Manager McLemore agreed to do this, and asked, "You want direct cost only?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8,2001 PAGE 20 OF 26 REGULAR C. City Manager Requesting The Commission To Determine If It Desires Staff To Conduct A Study To Determine If A Need Exists For Special Conduct Based Or Other Appropriate Regulations For The Proposed Respite Center To Be Located On Old Sanford/Oviedo Road In Order To Provide Compatibility With Surrounding Land Uses And Preservation Of The Health, Safety And Welfare Of The Public. Manager McLemore introduced this item. Father John Bluett, St. Stephens Catholic Church, Winter Springs, Florida: addressed the Commission and spoke of the different facets of this project. Commissioner Martinez stated, "I had a copy of this memo outlining certain guidelines tonight and they answered all of my questions, and what I would like to do is see this incorporated into an agreement or contract that the City may enter into." Father Bluett replied, "Absolutely, we have no problem with that." Further discussion ensued. Commissioner Miller stated, that as noted in the document entitled "Respite Center Guidelines," (specifically Item Number 17.), "I would like to see some verbiage in there that people can't just walk out." Deputy Mayor McLeod stated that he was also concerned with Item Number 11., Item Number 13., and Item Number 17., of the document entitled "Respite Center Guidelines," which dealt with similar matters as previously mentioned by Commissioner Miller. Tape 3/Side B With further discussion, Deputy Mayor McLeod suggested that "The two of you sit down with your staffs and try to find out the workings of this thing to try to best protect the people in the area." Manager McLemore suggested that "It wouldn't hurt if you adopt a Motion to authorize the City Manager to sit down with Father Bluett and the other appropriate parties and see if we can develop a Development Agreement, stipulating - certain conditions that are req uired." Next Deputy Mayor McLeod stated, "That whatever those agreements are again ones that have to have a way of controlling them - to have them, and no control means nothing - and I think your Police Chief needs to sit in on this." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8,200] PAGE 21 OF 26 "I WOULD LIKE TO MAKE A MOTION THAT WE INSTRUCT - MR. McLEMORE AND THE CITY STAFF TO WORK WITH FATHER BLUETT AND HIS STAFF, TO SEE HOW SAFE TIGHT WE CAN MAKE THIS FOR THE CITIZENS WITHIN WINTER SPRINGS." MOTION BY DEPUTY MAYOR MCLEOD. SECONDED. DISCUSSION. Commissioner Martinez stated, "And what I said, that the 'Guidelines' stipulated here are assuring me that you are taking the steps in the right direction to make sure that these people do not walk out and become a problem in the community; and if need be, you can always insert a clause in the client contract saying that if they unlawfully or without permission leave the premises, that they will be subject to prosecution." Commissioner Martinez further inquired, "Isn't it a fact - City Manager that the same as the restaurant, there is no legal standing for us to stop this from going through?" Manager McLemore stated, "They are zoned correctly. We can place some special conditions on them, but we cannot prevent the use." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. REGULAR D. Public Works Department Requesting The City Commission Make A Final Determination On The Use Of Brick Pavers Or Stamped Asphalt At The Intersection Of Tuskawilla Road And Winter Springs Boulevard With Accurate Cost Now Available. Discussion. Commissioner Blake stated, "I see the bricks, I see the stamped asphalt. Did we look into at all, the stamped concrete? Mr. Donald Gilmore, Chairman of the Tuscawilla Lighting and Beautification District Advisory Committee stated, "That's an issue that personally I am going to bring up, because I believe that was one of them - we never talked stamped asphalt; we did talk stamped concrete." Furthermore, Commissioner Blake stated, "One of things I would like to see come back as well, is the answer about stamped concrete, or perhaps anything else." Commissioner Blake added that "I would like to see any cost differentials there." Further discussion ensued on concerns with noise levels of the different kinds of street materials. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8,2001 PAGE 22 OF 26 Mayor Partyka stated, "I think that at this point, the request has been to table this to get additional information based on the comments of everybody here." "I WOULD BE WILLING TO MAKE A MOTION TO POSTPONE THIS FOR TWO WEEKS, IF THAT IS IN ORDER." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR E. Public Works Department Requesting The City Commission Approve An Addendum To The Tuscawilla Lighting And Beautification District Entryway Enhancements Construction Agreement. Mayor Partyka stated, "There is a request by the City Manager to postpone this to the first week of February. You need a Motion on that right?" "MOTION TO POSTPONE UNTIL THE FIRST MEETING IN FEBRUARY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR F. Parks and Recreation Department Requesting That The City Commission Approve Resolution No. 2001-03, Establishing Fees To Be Paid By Individuals Or Groups For The Exclusive Use Of Picnic Pavilions. Mr. Chuck Pula, Parks and Recreation Department Director introduced this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 23 OF 26 Attorney Garganese suggested, "I would just recommend just changing section seven (7) to specifically state, 'Resolution Number 787, and then all other prior inconsistent and conflicting Resolutions, or parts ofresolutions herewith are hereby repealed," Regarding the fee schedule, Commissioner Martinez questioned the spread, and suggested, shouldn't there be a larger spread in between the price and maybe $15.00, $25.00, and $35.00 to make it more appealing." The consensus of the Commission was to change the spread on this to $20.00, $30.00, and $40.00. Deputy Mayor McLeod asked if the pavilions were marked regarding reservation contact information, and suggested this be done. "I'LL MAKE A MOTION TO ADOPT RESOLUTION 2001-03 AS AMENDED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I MAKE A MOTION TO EXTEND THE MEETING FIFTEEN (15) MINUTES- WE HAVE TWO (2) ITEMS LEFT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2001 PAGE 24 OF 26 REGULAR G. City Clerk Requests That The Mayor Make An Appointment To The Beautification Of Winter Springs Board, To Fill The Vacancy As A Result Of The Recent Resignation Of Board Member Marilyn Dickinson. (This Agenda Item Is The Same Agenda Item That Was Identified On The December 11, 2000 Regular City Commission Meeting Agenda As Regular Agenda Item "H"). Mayor Partyka nominated Mr. Richard Grogan. "MOTION TO APPROVE RICHARD GROGAN." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. REGULAR H. Public Works/Stormwater Department Requesting The City Commission Consider Accepting An Easement For Access To Oak Forest Lake For Maintenance Purposes And Granting Permission For Access Through The Oak Forest Wall. Discussion. "I'D LIKE TO MAKE A MOTION THAT WE ACCEPT ITEM H AS DRAFTED FOR THE OAK FOREST LAKE ACCESS AND MAINTENANCE EASEMENT." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 8, 2001 PAGE 25 OF 26 J. City Clerk Requesting That The City Commission Of The City Of Winter Springs Consider Resolution Number 2000-38 Which Sets Forth A Suggested Format And Style For All City Commission Meeting Minutes And Advisory Board And Committee Meeting Minutes. (This Agenda Item Is The Same Agenda Item That Was Identified On The November 27, 2000 And December 4, 2000 City Commission Meeting Agendas As Regular Agenda Item "H;" Then Was Not Available For Discussion As Regular Agenda Item "K" On The December 11,2000 City Commission Meeting Agenda. This Agenda Item Will Not Be Discussed On This Agenda, But Will Be Placed On The January 22, 2001 Regular Meeting Agenda). No action needed or required. "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the meeting at approximately 11: 17 p.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF JANUARY 8, 2001. .:..:. VII. 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 I - Robert S. Miller CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8.2001 PAGE 26 OF 26 REPORTS E. Commission Seat II - Michael S. Blake REPORTS F. Commission Seat III - Edward Martinez, Jr. REPORTS G. Commission Seat IV - Cindy Gennell REI'ORTS H. Commission Seat V - David W. McLeod REPORTS I. Office Of The Mayor - Paul P. Partyka VIII. ADJOURNMENT RESPECTFULLY SUBMITTED: NZO-LUACES -: " '-~.. - -' . ~ ..... - - ...:. -.. - _ P AlJJ,,:-JP. p L\:E.~rYKA ~"- ' ... ~ - ~ . ~. ~'--'-.J'viKYQR-:.':'.' ..:.' . ~~t~ ~..--_..-" ~\~ ~~. NOTE: These minutes were approved at the January 22. ,2001 City Commission Meeting. 'l....-....---- P.01 f~~ ~ FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNT~ MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS P vra.. JAt~-11-2001 15:02 CITY OF WINTER SPRINGS 407 327 4753 ASTAAMe-FlAST NAME-MIOOLl: NAMe 11- A4.."'1 ~ PAJ I.- IAILlNG ADDRESS b r O..s wCko ;flY WI~ SR{,.J(r1 ." TECH WHICH VOTE CUAREO , 0 ~ COUNIY 5 i-J1 \ '" 0 t..'1L.- NAME OF ~o. COUNCn.. COMMISSION, AlmiOAlTV, OR COMMnTee C:rl'1 (. .!> f1f1 doS, ~ t..l lliE SOARD, COUNCil... CO~MlSS'ON. Al~OfUTY OR COMMITTEe ON WHI I SERVE IS A UNIT OF: Cf1Y Q COUHTY 0 OTlolER lOCAL AGENCY NAME OF PouncAl. SuSDlVlSION: J / -t I Spa., v...) UY POSmON IS: Q APPOINTlVT; c....--"\ 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, councit, :ommission. authority, or committee. It applies equally to members of advisory and non.advisory bodies who are presented with a voting : ~nfljct or interest under Section 112.3143. Florida Statutes. ' . our responsibilities under the taw when faced with voting on a measure in which you have a conOlct of Interest will vary greatly depending :10 whelher you hold an elective or appointive position. For this reason, please pay close ~ltention to the instructions on this form be/ore ~ompleting the reverse side and filing the lorm. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ~ person holding elective or appointive counly. municipal. or other local public office MUST ABSTAIN from voting on a measure which "ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from ktlowingly voting on a mea- sure which inures to the special gain or loss of a prin~ipal (olher Ihan a government agency) by whom he or she is retained (including the ,arenl organization or subsidiary ot a c<2rpor;.tte principal by which he or she Is retained); to the 5pecial privale gain or loss of a rei alive; or . .0 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 01 Independent special tax dislricts elecled on a one.acre, one-vole basis are nol prohibited Irom voting in that :apacity. =or purposes of this law, a .relalive~ includes only the officer's falher, mOlher, son, ctaughler. husband, wile, brother. sister. falher-in-Iaw, nother-in-law, son.in.law, and daughter-in-law. A "business associate. means any person or entity engaged in or carrying on a business ,nlerprise wilh the offICer as a partner. joint venlurer, coowner of property. or corporate shareholder (where the shares 01 the corporation Ire not listed on any national or regional stock exchange). :LECTED OFFICERS: n addition to abstaining trom voting in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly Slating 10 the assembly the nature of your interest in the measlJre on which you are abstaining from voting; and WITHtN 15 DAYS AFTER THE VOTE OCCURS by compleling and filing this form with the person responsible for recording the min. utes of the meeting. who should incorporate the form in the minutes. . \PPOINTED OFFICERS: Jthough you must abstain from voUng In the siluations descnbed above, you otherwise may participate in these malters. However, you lust disdose the nature or the connIct before making any altempt to Influence the decision, whether orally or in writing and whether made y you or at your direction. : YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: You must complete and tile this form (be/ore making any attempt to inrluence the decision) with the person responsible for recording the mInutes or the meeting. who will incorporate the form in the minutes. (Continued On other side) JRN-11-2001 15:02 CITY OF l.oJ I tHER SPR I t~GS 407 327 4753 P.02 APPOINTED OFFICERS (continued) , {/ ef;. \ ~ ~/ ..A . 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 11iE MEETING: . You must cflSclose orally the nature of your conniet in the measure before participating. . . · You must complete the form and file it within 15 days alter the vote occurs with the person responsible tor recording the minutes of the meeting, who must incorporate the form In the minutes. A copy or the form must be prov/c;led immediately 10 the other members of Ihe ~ agency. and Ihe form must be read publicly at the next meeling after the form is filed. I._PAUL-- DISCLOSURE OF LOCAL OFFICER'S INTEREST P.f~(<Jr . hereby disclose that on -:Jll-~ . !r 20 0 I . '-' (a) A measure came or will come before my agency which (check one) L Inured to my special private gain Or loss; inured to Ihe special gain or loss of my business associate. Inured to lhe special gain or Joss of my relative, K inured to the ~peelaJ gain or loss of ~'wR.f' . whom I am retained; or Inured to the spedal gain or loss of is the parent organization or subsidiary of a principal which has retained me. . by . which (b) The measure before my agency and Ihe nature of my conflicting interest In the meouure Is as follows: - I fH1 ,. H4., J---ot0.c!) "1'tte..- a <e.C'l..Q. ) tJ '110 (J (... ( ,J &- Tlt-L 'h:>~ 'J)-+f- a lJ 't ~ OF Trt-C... p ~r;Lf2:l, (( ([..Q v1(..(. ,'l.2 IV (] c.. rt-rJ ~c.x L.D /}IIJ D c../ 'Ty ~ v I NTYUc S PR (p,.j Cd 15 ~o Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REOUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE 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 $10,000. CE FORM S9 . EFF. 112000 PAGE 2 TOTAL P.02