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HomeMy WebLinkAbout_2001 04 09 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 9,2001 I. CALL TO ORDER The Regular Meeting of April 9, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 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, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, arrived at 6:34 p.m. City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:35 p.m. A moment of silence was followed by the Pledge of Allegiance. Mayor Partyka announced that the Respite Center would be on the Agenda at the next City Commission Meeting and asked if there were any Agenda changes. Commissioner David W. McLeod informed the Commission "On Consent Item 'D', the First Baptist Church of Winter Springs, I will abstain from voting on that particular item because I am the general contractor of record." Mayor Partyka invited the audience to the "State of the City" Address on April 17, 2001 and "And if anybody would like to come, RSVP to the City Clerk." Commissioner Cindy Gennell arrived at 6:34 p.m. City Attorney Anthony A. Garganese arrived at 6:35 p.m. II. PUBLIC INPUT Ms. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke of her concern that residents were not notified of the dog track issue; the City needing workshops; and her concern for residents losing their homes. Mayor Partyka suggested that the Regular Agenda Item 'E' be "Moved first under the Regular Agenda." The Commission agreed by consensus. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 200 I PAGE 2 OF 25 Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: spoke of the State Road 434 Redevelopment Program; and the three (3) design plans. City Manager Ronald W. McLemore spoke of the City hiring a planner that developed a design which was submitted to FDOT and explained the process. Ms. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: again addressed the Commission; and spoke of a conversation with Mr. Kipton D. Lockcuff, P.E., Director, Utilities/Public Works. Mr. Don Rowe, 1701 Galoway Court, Winter Springs. Florida: thanked the City Commission for their support of youth sports. Ms. Helga Schwarz: thanked the City Commission and City Staff for the lease agreement with the County School Board. Ms. Cindy Slack, 1220 George Street, Winter Springs, Florida: spoke of the possible rezoning of the land on Nursery Road; her concern of what could built on the land; and would like the debris on the land to be cleaned up. Manager McLemore was asked when the Nursery Road issue would be coming before the Commission and he stated. "We'll try to have it to you by you're next meeting. It's a very involved analysis of that property. It's just impossible to do within this short time frame. " Mr. Tom Muller, 309 Burleigh Court, Winter Springs, Florida: asked the Commissioners to consider "Fast tracking the adoption of the new fencing material". Brief discussion. Mr. Bob Riley, 225 Mockingbird Lane, Winter Springs, Florida: spoke of being cited for a commercial vehicle parked at his residence; and his concerns with the Code. Mayor Partyka stated "I've got a question then - this is for the record, you're in favor?" Mr. Riley replied "Yes, I'm in favor of commercial vehicles in the City of Winter Springs and unincorporated Winter Springs, outside of those areas that have Homeowners Associations, they have their own rules like 1 said. 1 can't argue with that because they had the rules before hand. 1 know I don't even bother looking at those neighborhoods. But where 1 live, I live because it attracted me there, because I can park there." Mayor Partyka stated "So it's clear here, you're in favor of the commercial law with some kind of adjustment or a chance for a Variance." Mr. Riley stated, "I don't know if there's really a reason for even an adjustment or Variance. In other words if the City just said, the City limits commercial vehicles are allowed, you haven't thrown out the Homeowner's Association rules because they have their own rules. The minute you go inside that fence you have a whole another set of CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 3 OF 25 rules." "Alright, so noted, this Commission, I think, will take this under advisement." stated Mayor Partyka. Ms. Colleen Van Allen, 1150 0 'Day Drive, Winter Springs, Florida; spoke of being the President of Winter Springs Soccer Club; the need for more fields; was in favor of the agreement with the Seminole County School Board; and mentioned the need for lights at Central Winds Park. Manager McLemore informed the Commission that "You will look at that at your next year's budget. As you recall we had a fairly substantial grant from the State last year and we have applied for two (2) more this year. If those are funded then we will probably have enough money to do it, in the upcoming year." III. CONSENT (CONTINUED FROM THE MARCH 26, 2001 REGULAR MEETING) CONSENT A. Public Works Department Requesting Authorization To Piggyback Off Of The Seminole County Contract For The Design Of The Vista willa Drive Traffic Signal. CONSENT B. Office Of The City Clerk Approval Of The Minutes Of The March 14, 2001 Special City Commission Meeting. Commissioner Michael S. Blake informed the Commission that Roll Call showed that he was in attendance but he was absent from the meeting. "MOTION TO APPROVE THE OLD CONSENT AGENDA ITEMS WITH THE CHANGE." MOTION BY COMMISSIONER BLAKE. COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 4 OF 25 IV. CONSENT (NEW ITEMS FOR THIS AGENDA) CONSENT A. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From The Tuscawilla Homeowners Association. Discussion. It was the consensus of the Commission to take up this matter later in the evenmg. CONSENT B. Community Development Department - Land Development Division Requests That The Commission Approve The Recordation Of The Plat And Covenants For Moss Place And Accept The Improvements (Street And Easements) For City Ownership And Maintenance In This Project. Further, It Is Also Requested That The Commission Approve The Recordation Of The Covenants For Moss Cove. Brief discussion. CONSENT C. Commissioner Cindy Gennell Requesting The City Commission Review A Letter That Would Be Forwarded To Congressman John L. Mica. This Letter Is Before The Commission At The Request Of Commissioner Gary Brender Of The City Of Lake Mary. Commissioner Robert S. Miller informed the Commission that in paragraph two (2), line three (3), the word "monitoring" should be "motoring". CONSENT D. Community Development Department Presenting The Final Engineering For The First Baptist Church Of Winter Springs. (The A~enda Packet Will Be Available Friday, April 6, 2001.) CONSENT E. Office Of The City Clerk Approval Of The Minutes Of The March 21, 2001 Special City Commission Meeting. Commissioner Blake said that on page two (2), under Terry Scarlata's comments, the word "currency" should be "concurrency". CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,200 I PAGE 5 OF 25 CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The March 26, 2001 City Commission Meeting. MOTION BY COMMISSIONER BLAKE. "I'D LIKE TO MAKE A MOTION TO APPROVE CONSENT AGENDA LESS ITEMS 'A' FOR LATER CONSIDERATION THIS EVENING AND ITEM 'D' FOR LATER CONSIDERATION WHENEVER WE RECEIVE THE INFORMA TION." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "City Manager, the information on the final engineering, how do you want to handle that?" Mr. Lockcuff said, "It is postponed, it's not available." v. INFORMATIONAL (CONTINUED FROM THE MARCH 26, 2001 REGULAR MEETING) INFORMA TIONAL A. Parks and Recreation Department Notifying The City Commission Of The Department's Intent To Lease The Central Winds Parks Amphitheater And Parking Areas To The Cox Events Group/WMMO Radio Station For Its 3rd Annual Music Fest On Saturday, November 10,2001. Commissioner Edward Martinez, Jr. spoke of his concerns regarding the rent' being lowered and of "The sales of beer and wine" at the park. Tape I/Side B Mr. Fleetwood Grover, Operations Manager, WMMO and Ms. Julianne Campeze, Promotion and Marketing Director, WMMO: spoke of their audience being mostly from the Orange and Seminole County area; the event being family oriented; and the majority of the tickets are given away. Mr. Chuck Pula, Director, Parks and Recreation Department spoke of the "Damage clause" in the contract; and of the fees. Manager McLemore stated, "That was a product of negotiations where we tried to structure it in such a way that if it worked really well we would come out better with CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 6 OF 25 tickets. So - I have two (2) dimensions in terms of trying to get the best revenue flow out of it for the City." MOTION BY COMMISSIONER BLAKE. "MOVE THE ITEM." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. VI. INFORMATIONAL ((NEW ITEMS FOR THIS AGENDA) INFORMATIONAL A. Fire Department Requests That The City Commission Reyiew The City Of Winter Springs Employee Blood Drive Information To Held At The Winter Springs Branch Of The Central Florida Blood Bank, Badcock Plaza. INFORMATIONAL B. General Services Department Inform The Commission Of The Results Of Surplus Property Sales On March 17, 2001. Mayor Partyka asked, "Is there any Motion to approve?" MOTION BY COMMISSIONER BLAKE. "SO MOVED." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE 7 OF 25 VII. PUBLIC HEARINGS (NEW ITEMS FOR THIS AGENDA) PUBLIC HEARINGS A. Community Development Department - Land Development Division Presents To The Commission For Their Action The First Reading Of Ordinance No. 2001-30 Which Will Vacate And Abandon An Unnamed 25-Foot Right Of Way Located On The East Side Of Lot 26, Entzminger Farms Addition No.2, Plat Book 5, Page 9, Public Records Of Seminole County, Florida. Mayor Partyka stated, "I'm looking for a Motion to read by 'Title' only." MOTION BY COMMISSIONER MARTINEZ. "SO MOVED." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Oarganese read the Ordinance by "Title" only. Commissioner Blake stated, "Mayor, I just wanted to - have two actual points here before we go through this. One is I understand Commissioner McLeod is already excused himself from voting on this stating his conflict. I'm a little concerned -..." Mayor Partyka "Just a minute, on 'A' under Public Hearing? No, I thought he mentioned about - when it came to First Baptist?" Commissioner Blake stated, "That is what this parcel is. And your question really gets me to my third question, which is the map that we have been provided, while actually is a sketch of a boundary surveyor a sketch of the plat, it's not a boundary survey. Typically whenever we have something that requires this type of an action we have a locating map as well. Something to show us the current streets that are there and everything else so everybody can more clearly understand exactly what part of the people's property we're giving up rights to and giving back to private ownership. So prior to our second reading I would like to make sure that we have that type of a diagram. Secondly, I also want to make sure that we do give this careful scrutiny because the City Manager is involved with this property as well in order to protect him. I would make sure that Staff has done all their appropriate diligence and this Commission does its appropriate diligence because again we are taking public property and relinquishing control of it back to private entities and this is not unusual. We do this from time to time when it makes sense and Staffs opinion, as we have received it says it CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE 8 OF 25 makes sense to do with this time as well. Its just that I think we need to take additional do care when people who sit up on this dais are involved in the parcel." Mr. Charles Carrington, Community Development Director introduced the Agenda Item. Commissioner Miller stated, "Yes, I have one question for Charles. Celery A venue is - it exists but that it is totally overgrown it's a potential right-of-way through that wooded area that actually there's no road there right now. So the question I've got is where the right-of-way makes a dogleg to my right and continues south again, where does it go after that?" Mr. Carrington replied, "I'm sorry, 1 just don't know." Commissioner Miller said, "I like you to include that when you bring the Item back for second reading. Because it goes somewhere and I don't know where it ends." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. MOTION BY COMMISSIONER MARTINEZ. "MOTiON TO MOVE ITEM 'A' TO SECOND READING." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: ABSTAINED COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department - Building Division Requests That The City Commission Hold A First Reading Of Ordinance 2001-29 That Amends The Code Dealing With Construction Material Required For Fences. Mayor Partyka stated, "I'm looking for a Motion to read by 'Title' only." MOTION BY COMMISSIONER MARTINEZ. "SO MOVED." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 9 OF 25 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: 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. Mr. Dennis Franklin, Building Official informed the Commission that he had difficulty getting specifications of aluminum but he would do some more research. MOTION BY COMMISSIONER MARTINEZ. "I MAKE A MOTION TO MOVE ITEM 'B' TO SECOND READING AND I REQUEST ST AFF TO BRING SOMETHING BACK FOR THE NEXT MEETING SO THAT COMMISSIONER GENNELL WILL LEARN A LITTLE MORE ABOUT ALUMINUM FENCING." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM FROM THE APRIL 9, 2001 MEETING WAS DISCUSSED AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 1001'25 IX. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR E. Community Development Department Requests The City Commission Receive Information On The City Of Casselberry's Small Area Study For The Seminole Greyhound Park Property And To Provide Staff With Appropriate Direction. Mr. Carrington addressed this subject. Commissioner Miller stated, "I think we need to stay very close to this as it develops. So I think if you will let us know whenever possible when they are planning to have major meetings so we go and attend, we would like to." Discussion. Commissioner Blake stated, "On a final note Mayor, I would just like to ask that we direct Staff to give our thanks to the City of Casselberry and their consultants for not only allowing us to have details on what we're looking at over there but for bringing Winter Springs into the process and the Winter Springs citizens that border this, very early on in the process. We've been involved in other situations where that hasn't happened and I think we ought to give a thank you when it exists." Tape 2/Side B MOTION BY COMMISSIONER BLAKE. "I WOULD LIKE TO RECOMMEND THA T THE COMMISSION HAVE STAFF CONVEY BACK TO THE CITY OF CASSELBERRY THAT WE DO HAVE SOME ISSUES WITH THOSE TWO (2) CONNECTIONS THAT ARE SHOWN IN THEIR PROMOTIONAL PLAN HERE THAT CONNECT TO THE NEIGHBORHOODS OF WINTER SPRINGS, THAT BEING ONE OF THEM WILLIAMS AND THE OTHER BEING MOSS, I BELIEVE, ON MOSS ROAD. I WANT THEM TO KNOW WE HAVE SOME SERIOUS CONCERNS, ABOUT THE IMPACT, THAT MAY HAVE ON." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka recessed the meeting at 8: 15 p.m. Mayor Partyka called the meeting back to order 8:34 p.m. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE I I OF 25 "Let the record show that we are all here", stated Mayor Partyka. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM FROM THE MARCH 26, 2001 MEETING WAS DISCUSSED AS DOCUMENTED. .:. .:. VIII. REGULAR (CONTINUED FROM THE MARCH 26, 2001 REGULAR MEETING) REGULAR B. Community Development Department Requests The City Commission Receive Information From TEl Engineers And Planners On The State Road 434 Access Management And Road Resurfacing Program. Mr. Carrington introduced Mr. Kent Black. Mr. Kent Black. TEl Engineers & Planners, 300 Premier Boulevard, Lake Mary, Florida: gave a briefing on the recent meeting that was and said that the next public workshop will be held on May 17,2001 Brief discussion. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS FROM THE APRIL 9, 2001 MEETING WERE NEXT DISCUSSED AS DOCUMENTED. .:. .:. IX. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR B. Finance The City Manager Requesting The Commission To: . Adopt Bond Resolution #2001-11 Authorizing The Issue By The City Of Tuscawilla Improvement Area Special Assessment Bonds Not To Exceed $2,500,000.00 And . Authorize The City Manager To Award The Sale Of The Bonds To: · Gardnyr Michael As The Lead Underwriter (60%) With Hanifen Imhoff And William Hough As Co-Managers (20% Each) Upon Compliance With Provision Of Said Resolution Ms. Louise Frangoul, Finance Department Director introduced the Agenda Item. Mayor Partyka said "Let the record show that I play tennis with Mr. Williams and Mr. Stewart." CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE 12 OF 25 MOTION BY COMMISSIONER MARTINEZ. "I'D W ANT TO MAKE A MOTION TO APPROVE ITEM 'B', RESOLUTION 2001-11. ALSO TO AUTHORIZE THE CITY MANAGER TO AWARD THE SALE OF THE BONDS TO THE PEOPLE LISTED ON ITEM 'B'." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE Commissioner Blake stated, "Mayor, while he's thinking - I was just handed a document forty-one (41) pages long and I'm not ready to vote yet. There are some issues in here that I need to look at, I'm sorry." Commissioner Miller stated, "I'd like to read it also, I just got it." Tape 2/Side B Mayor Partyka said, " Mr. Garganese, can I allow this because we're already passed discussion, we're in the midst of vote. Can we allow this - or do we have to go through the Motion of the Vote?" Attorney Garganese stated, "You have a Motion and a second to approve the Resolution. Continue with the vote." "Ok, continue with the Vote." said Mayor Partyka. COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR F. Finance The City Manager Requesting The Commission To: · Adopt Bond Resolution #2001-10 Authorizing The Issue By The City Of A Water And Sewer Refunding Revenue Bond Series 2001 Not To Exceed $22,500,000.00 And · Authorize The City Manager Subject To The Provisions Of Said Resolution To Award The Sale Of The Bonds To: . Hanifen, Imhoff Inc. As The Lead Underwriter (60%) With Gardnyr Michael And William Hough As Co-Managers (20% Each), If The Refunding Of The Water And Sewer Refunding Revenue Bonds 1991 And 1992 Occur Concurrently. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE 13 OF 25 . Hanifen, Imhoff Inc. As The Lead Underwriter (60%) With Gardnyr Michael And William Hough As Co-Managers (20% Each) For The Refunding Of The Water And Sewer Refunding Revenue Bonds 1991 And William R. Hough & Co. As The Lead Underwriter (60%) With Gardnyr Michael And Hanifen Imhoff As Co-Managers (20% Each) For The Refunding Of The Water And Sewer Refunding Revenue Bonds 1992, If The Refunding Occurs At Different Times. Ms. Frangoul introduced this Agenda Item. Mr. Mike Williams, Akerman Senterfitt & Eidson, PA: apologized for the lateness of the documents and spoke of some changes. MOTION BY COMMISSIONER BLAKE. "I'D LIKE TO MAKE A MOTION TO APPROVE RESOLUTION 2001-10." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. Commissioner Miller stated, "Mayor, Point of Order. I'd like the record to reflect on the last Resolution Item 'B' regarding 2001-11, I'd like the record to reflect that 1 would have voted 'Aye', 1 do now vote 'Aye'. That 1 have had a chance to review the record that was handed to me just moments before the other Commissioners - made their votes 1 do vote 'Aye' for 2001 - 11. Thank you." Mayor Partyka stated, "You could reflect in the record that he would have voted that but he didn't." Commissioner Miller said, "I want the record to show that 1 didn't support it because I was handed documents, some forty-one (41) pages and asked to vote 'Aye' with out a chance to review it." Mayor Partyka then stated, "Understand." MOTION BY COMMISSIONER BLAKE. "I JUST W ANT TO MAKE A MOTION TO LET THE RECORD REFLECT THAT THE VOTE ON RESOLUTION 2001-11 WAS UNANIMOUS." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. Mayor Partyka stated, "I believe that is out of order. Mr. Garganese, is that correct?" Mr. Garganese replied, "It doesn't change his vote at the time the item was brought up but the record can - you can vote to have the record reflect it was unanimous. It's a record indication." CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 14 OF 25 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS FROM THE MARCH 26, 2001 MEETING WERE. DISCUSSED AS DOCUMENTED. .:. .:. VIII. REGULAR (CONTINUED FROM THE MARCH 26, 2001 REGULAR MEETING) REGULAR C. Utility Department Requesting The City Commission Adopt Resolution #2001-09 Implementing Water Shortage Restrictions. The Agenda Item was introduced by Mr. Lockcuff. Mayor Partyka said, "I'm looking for a Motion to approve this Resolution." MOTION BY DEPUTY MAYOR McLEOD. "SO MOVED." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR E. Finance Department Requesting That The City Commission Approve The Goyernment Services Group, Inc. (GSG) Contract For Both Oak Forest And 'fuscawilla Lighting And Beautification District's Annual Administrative Assessment Services In The Amount Of $12,500.00 Each. The Agenda Item was introduced by Ms. Frangoul. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE 15 OF 25 Commissioner Blake asked the City Manager whether a few years ago there was discussion about the City "At some point we would take over doing this job, we could do it somewhat more efficiently." Manager McLemore replied, "I think there is a point at which we'll probably do that. Particularly when it gets to build out, we get the initial couple of years behind US, I think we can do it much more efficiently. Right now, and I've talked to Louise about it, we just think it would be very difficult right now, but that time is coming very soon." Commissioner Blake asked "Have we had a discussion with GSG about some of the shortcomings we have experienced the initial time we went through the procedure?" Manager McLemore said "We did back then. But I haven't any recent discussions with them. I know we negotiated the price down." Commissioner Blake stated, "The price is much better than what it had been estimated to be in the past. I am happy to see that but I am some what concerned with the level of service that we received on the first go around, and the problems that that created, I just want to be absolutely certain that they are on notice that we don't want to see that happen again." Ms. Frangoul stated, "Commissioner Blake, we've had a new representative assigned to us that has appeared very responsive." Commissioner Blake thanked Ms. Frangoul. MOTION BY COMMISSIONER MARTINEZ. "MOTION TO APPROVE ITEM 'E' MARCH 26TH AGENDA." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. MOTION BY COMMISSIONER BLAKE. "I'D LIKE TO MAKE A MOTION TO TAKE OFF THE TABLE CONSENT AGENDA ITEM 'A', THE NEW CONSENT AGENDA ITEM 'A', THE TUSCAWILLA AGREEMENT." SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE 160F25 .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS FROM THE APRIL 9, 2001 MEETING WAS DISCUSSED AS DOCUMENTED. .:. .:. IV. CONSENT (NEW ITEMS FOR THIS AGENDA) CONSENT A. Public Works Department Requesting Approyal Of The Public Improvements And Maintenance Easement And Agreement From The Tuscawilla Homeowners Association. Mr. Oarganese stated, "After discussing the matter with Commissioner Blake and a representative from the Tuscawilla Homeowners Association I think the best way to handle Commissioner Blake's concerns with respect to paragraph 4. C is simply to authorize the City Manager to approve some additional language to this easement, which we can prepare sometime later on this week. That gives the City of Winter Springs an opportunity to cure any failure to comply with the obligations under the easement and that period can be a reasonable period not to exceed 30 days. For example, if the Tuscawilla Homeowners Association believes that the City is not maintaining the front entrance of Tuskawilla in appropriate manner before the Tuscawilla Homeowners Association jumps in and performs the maintenance responsibilities they would first put the City of Winter Springs on notice that we're not complying. The City would have a reasonable opportunity to cure that non-compliance before Tuscawilla would jump in and does the maintenance and remit the invoice for payment from the City." MOTION BY COMMISSIONER BLAKE. "MAYOR IF THERE IS NO OTHER DISCUSSION, THAT LANGUAGE IS ACCEPTABLE TO ME AND I'LL MAKE A MOTION THAT WE DIRECT THE CITY MANAGER AND THE ATTORNEY TO ..." Mr. Mati Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke for the record about the Homeowners Association concern with grass dying and fountains and asked for the City's help. COMMISSIONER BLAKE CONTINUED HIS MOTION. "...THE MOTION IS TO DIRECT THE CITY MANAGER AND THE ATTORNEY TO RECRAFT THE EASEMENT AGREEMENT WITH TUSCA WILLA HOMEOWNERS ASSOCIATION. TO ADD THE AFOREMENTIONED CURE LANGUAGE THE ATTORNEY DISCUSSED AND AUTHORIZE THEM TO APPROVE THE AGREEMENT WITH THAT CHANGE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE I70F25 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS FROM THE MARCH 26, 2001 MEETING WERE THEN DISCUSSED AS DOCUMENTED. .:. .:. VIII. REGULAR (CONTINUED FROM THE MARCH 26, 2001 REGULAR MEETING) REGULAR F. Finance Department Requesting City Commission Approve The FY 2002 Budget Calendar. MOTION BY COMMISSIONER BLAKE. "I'D BE WILLING TO MAKE A MOTION TO APPROVE THE CALENDAR AS PRESENTED UNLESS SOMEONE HAS A PROBLEM WITH THAT." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR G. Community Development Department Requests That The Commission Approve The Recordation Of The Plat And Supplemental Covenants For Parkstone Unit 3. Commissioner Martinez spoke of a past discussion regarding City Code being in conflict with the covenants and that "Something was going to be brought back to us. We never got an answer, I'd like to know if we have an answer." Attorney Garganese stated, "I remember very clearly, at one of the Commission Meetings we stated that in several months we would be bringing back amendments to your PUD section, that's number one. The other one - as an interim solution we insert into the deed restrictions now a provision which states if there's any conflict between law and these deed restrictions, the law shaH CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE 180F25 prevail and that provIsIOn is in the deed restrictions." "For Parkstone?" asked Commissioner Martinez. Attorney Garganese replied, "I believe for this - for Parkstone, Unit Three." Brief discussion. MOTION BY COMMISSIONER BLAKE. "I WILL BE WILLING TO MAKE A MOTION TO APPROVE THE RECORDATION OF THE PLAT AND SUPPLEMENTAL COVENANTS FOR PARKSTONE UNIT THREE SUBJECT TO THE FINDINGS, NUMBER FOUR, THAT CERTIFICATES OF OCCUPANCY WILL NOT BE ISSUED UNTIL SUCH TIME THE COMMISSION APPROVES THE ACCEPTANCE OF IMPROVEMENTS FOR CITY MAINTENANCE." SECONDED BY DEPUTY MA YOR McLEOD. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS FROM THE APRIL 9, 2001 MEETING WERE DISCUSSED AS DOCUMENTED. .:. .:. IX. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR A. City Manager Requesting The City Commission To Review Information Relative To The City Clerk's Annual Salary Review And To Take Whatever Actions It Deems Appropriate. Manager McLemore spoke the salary evaluation and of his recommendation. Commissioner Martinez suggested rounding up the figure and of the "stupendous job" that she has done. Commissioner Miller spoke of supporting $44,000.00 and asked the other Commissioners to support that figure. Commissioner Blake said he supported $43,000.00. Mayor Partyka said, "If I may interrupt this for one second. Let the record show that the question Commissioner Martinez asked Commissioner Blake was strictly a calculation issue and since Commissioner Blake has a calculator, that what that was. The answer was 7 12 %, so there was nothing beyond that." CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 190F25 Commissioner Gennell said "Anyhow I have no objection to that. I think she does a wonderful job and I'm not afraid of having a reputation for paying our City Clerk better than average because I think we have a better than the average City Clerk." Commissioner McLeod spoke of supporting Ms. Lorenzo-Luaces; of her straightening out her department; and his support of$43,000.00. "I'LL MAKE A MOTION THAT WE INCREASE THE SALARY OF THE CITY CLERK TO $43,000." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR McLEOD "FINISHED" HIS MOTION BY SAYING, "AND THAT MOTION SHOULD BE EFFECTIVE AS TO HER - ANNIVERSARY DATE. THAT'S CORRECT." COMMISSIONER BLAKE ADDED, "RETROACTIVE?" WITH FURTHER BRIEF DISCUSSION, COMMISSIONER GENNELL THEN ASKED, "IS THAT GOING BACKWARDS? - LET'S BE SPECIFIC ABOUT THE DATE THEN." COMMISSIONER BLAKE ADDED, "RETROACTIVE?" DEPUTY MAYOR McLEOD ADDED, "RETROACTIVE TO HER ANNIVERSARY DATE." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Commissioner Blake stated, "I think we should direct Staff to discuss this with Andrea and make arrangements so that when she gets paid the back pay portion that they do it in a separate check, so that she doesn't get bumped up on her withholdings and lose a good chunk of the money." Commissioner Blake added, "Instead of adding it into her next check, cut a separate check for her and arrange with her what type of withholding she wants out of it." Mayor Partyka asked, "Is that a problem from an administrative standpoint?" Manager McLemore stated, "I don't think so." Commissioner Martinez stated, "I'd like add my congratulations to Andrea on her achieving successfully - for completing her course for her Certified Municipal Clerk." REGULAR C. Parks and Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Cox Radio, Inc. The Agenda Item was itltroduced by Mr. Pula. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 20 OF 25 MOTION BY COMMISSIONER BLAKE. "MR. MAYOR I'D LIKE TO MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH 99.1 WMMO FOR THE FALL FEST - MUSIC AND ARTS SPECIAL EVENT." SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR D. Parks and Recreation Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The Seminole County School Board And The City Of Winter Springs And To Provide $25,000.00 Supplemental Appropriation From General Fund Reserves To Prepare The Area For Youth Football/Soccer Practice Fields And Parking. Mr. Pula introduced this subject. Commissioner Miller congratulated Mr. Pula on "Doing this in such a record time. There are a lot of people in the City that will be relieved and a lot of the teams will be ecstatic and the Highlands will probably give you a merit service award." Tape 3/Side A Deputy McLeod inquired whether Staff has contact the State regarding obtaining "fill" at no cost; and then directed Staff 'To immediately contact DOT because they are presently in the process of removing that fill and it's very good fill." Commissioner Gennell spoke of her concerns regarding the length of the contract, on the record. MOTION BY COMMISSIONER MARTINEZ. "I MAKE A MOTION THAT WE APPROVE ITEM 'D' AND WITH THE PROVISION STIPULATED BY COMMISSIONER McLEOD THAT THE DIRECTOR OF PARKS AND RECREATION LOOK INTO THE POSSIBILITY OF USING DIRT THAT WILL COST US MUCH LESS THAN $10,000." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE210F25 Mayor Partyka stated, " I guess I should since I'm very clear on everything else lately. I handled the leasing with the property with the School Board and Dillard Construction Company." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Deputy Mayor McLeod asked Mayor Partyka, "Were you serious, were you involved in the negotiating with the School Board. I thought Staff and the City Attorney was going to negotiate that." Mayor Partyka replied, "No, no, Florida Power and Light, the staging area - which ends by the way in August, I think. Everything's available." x. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke of submitting an Ordinance to the City Manager regarding the distance between gas stations. Attorney Garganese also informed the Commission of an interesting case "The First Court of Appeals held that the Florida Department of Transportation had to pay the City of Gainesville storm water utility fees for use of City storm water utility facilities." Regarding the case dealing with the City of Cocoa, the School Board and the Community College, Attorney Garganese explained that the case is still pending. Attorney Garganese agreed to put together a short memo regarding that information. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore spoke of the Staff situation in the Community Development Department and may come to them next meeting with a Budget Amendment. Mayor Partyka asked about not only "Replacing the people but actually to go ahead of the curve." Manager McLemore replied, "We don't need to go ahead of two people, no not at all. My question is do we need two? So, I mean, I'm not sure if we are not in a better position to hire a really good Planner and to out source some because I'm not sure we'll need two (2) three (3) to four (4) years out." CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 22 OF 25 REPORTS C. City Clerk - Andrea Lorenzo-Luaces The Deputy City Clerk did not have a report. REPORTS D. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez asked about the adult entertainment Ordinance. Attorney Garganese informed him that this was almost completed and there should be a First Reading in May. Commissioner Martinez asked for the Commissioner's opinion regarding speaking under their seat on any issue without being interrupted. He also asked the Attorney for an opinion regarding passing out Political Action Committee's business cards at City Hall, which the City Attorney agreed to research and bring it back at the next meeting. Mayor Partyka asked "For clarification on the previous - if this Commission is basically allowing me, if something does come up that I consider out of order for any Commissioner, that if there is an issue between a Commissioner and myself, or the chair that I just, I poll the Commissioners just the way I've been doing. My goal is not to stalemate things but to move it on. And if this Commission feels, that's what I like to do - I'd rather have the Commission decide on it." Commissioner Gennell stated, "I think you always have the right and the obligation to rule on things that are totally out of order no matter who's saying them in the whole room - and the Commission reserves the right to overrule you." Mayor Partyka said, "I have no problem with that." Commissioner Martinez spoke of The League of Cities convention and books that he purchased. Commissioner Martinez then asked the City Manager about residents not being able to use the soccer fields. Manager McLemore spoke of the Commission's policy and that it will be coming before them again after May. Commissioner Martinez asked the City Manager whether land in the county, on State 434 has asked to be annexed and if they do, he would like to be notified of the application. REPORTS E. Commission Seat IV - Cindy Gennell No Report. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 23 OF 25 REPORTS F. Commission Seat V - David W. McLeod Deputy Mayor McLeod spoke of the need for additional sports fields. Manager McLemore spoke of the City waiting for Florida Grant money to purchase land and would direct Staff to find out if there is a deadline for grant monies to be distributed. The design plans for State Road 434 and the timeline were discussed. Manager McLemore said he would speak with the consultants regarding the design submitted by the City. REPORTS G. Commission Seat I - Robert S. Miller Commissioner Miller spoke of his concern with City vehicles being used to pick up children at school, and being parked on the right-of-ways at Officers homes. Police Chief Daniel J. Kerr addressed the Commission regarding the use of vehicles by the Officers. Commissioner Miller requested that Staff review the Moss Park plans and the budget to see if there should be shrubs, fencing, or a wall. Tape 3/Side B Commissioner Miller asked the City Attorney about Texaco cleaning up their lot. Attorney Garganese stated, "The City Manager and I have talked about that late last week, it is a priority and we will be taking appropriate action." Lastly, Commissioner Miller informed the Commission that the International Visitors Program, which he was involved with, has been nominated for the Nobel Peace Prize. REPORTS H. Commission Seat II - Michael S. Blake Commissioner Blake spoke of signs in disrepair along State Road 434 and asked that the Code be researched. He also informed the Commission of his meeting with Seminole County Commissioner Randy Morris regarding the County's offer to jointly pave Spring Road. Commissioner Blake stated "If you want to think about that Ron and bring it back to us at some point in the future and we can discuss it again, that's fine." Commissioner Blake suggested that the City should "Take a real careful look" and maybe better define the Zoning and Land Use Classifications. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9,2001 PAGE 24 OF 25 .:. .:. AGENDA NOTE: COMMISSIONER GENNELL ASKED TO GIVE A REPORT. .:..:. REPORTS E. Commission Seat IV - Cindy Gennell Commissioner Gennell asked about reverse 911 capability. Chief Kerr reported that the City does have it and has used it in several situations. Commissioner Gennell commented on the difference between "Sharing the cost of paving a road as opposed to sharing the cost of materials for paving a road." Commissioner Gennell reminded the Commission of the Monday night Workshop with the Planning and Zoning Board/Local Planning Agency. REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka advised those in attendance that he was traveling to Tallahassee tomorrow. With discussion, it was agreed that the City Manager would call Mr. Rutherford to discuss options regarding safety issues in front of the Mayor's residence. Mayor Partyka asked for an update on the batting cages. XI. ADJOURNMENT Mayor Partyka stated, "Looking for a Motion to adjourn". MOTION BY COMMISSIONER MARTINEZ. "SO MOVED." SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - APRIL 9, 2001 PAGE 25 OF 25 Mayor Partyka adjourned the meeting at 10:40 p.m. RESPECTFULLY SUBMITTED BY: DEBBIE GILLESPIE DE~UTY CITY CLERK ..,"'1 .. ~_ .,.. ~,~ \.r - ..,.,~1. '"::: , '. ..- '-/. NOTE: These minutes were approved at the May 14, 2001 Regular City Commission Meeting. \ -' .4fi(.;:, ( 10?.l.. . '" -: FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ST NAME-FIRST NAME-MIDDLE NAME ~!N OF BOARD. COUNCIL. COMMISSION, AlJT1-IORITY. OR COMMmEE McLEOD, DAVID W. W NTER SPRINGS COMMISSION .IUNG ADDRESS ~rOARD. COUNCIL. COMMISSION, AlJT1-IORITY OR COMMmEE ON 645 DUNMAR CIRCLE . . ICH I SERVE IS A UNIT OF: y COUNTY CITY 0 COUmy 0 OlHER LOCAL AGENCY WINTER SPRINGS, FL SEMINOLE NAME OF POUTlCAL SUBDIVlSION: CITY COMMISSIONER, DISTRICT FIVE TE-ON WHICH VOTE OCCURRED MY POsmON IS: 04/09/2001 ~ ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 his 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, Jmmission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting JnfJict of interest under Section 112.3143, Florida Statutes. . our responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending ~ whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before )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 ures to his or her special private gain or loss. Each elected or appointed local ofticer also is prohibited from knowingly voting on a mea- /fe 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 Irent organization or subsidiary of a cC?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 i3.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that lpacity. lr purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, other-in-Iaw, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business Iterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation e not listed on any national or regional stock exchange). LECTED OFFICERS: 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 abstaini~g from voting; and WITHIN 15 DAYS AFTER 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. PPOINTED OFFICERS: :hough you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you Jst disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made 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 ,KEN: ... You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ! A {&i. (ul ~-f;;.. APPOINTED OFFICERS (continued) . . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete.the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy 01 the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, DAVID W. McLEOD , hereby disclose that on APRIL 9, 2001 , 20 -i-: (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 ~pecial gain or loss of my relative, X inured to the special gain or loss of AlR-PAK PRODUCTS & SERVICES, INC whom I am retainedM CEO/PRESIDENT , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure belore my agency and the nature of my conflicting interest in the measure is as follows: FIRST BAPTIST CHURCH 'OF WINTER ~PRLNGS. I AM THE CONTRACTOR OF RECORD. , which 05/15/01 Date Filed JOTlCE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE ;ONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, lEMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A :IVIL PENAL TV NOT TO EXCEED $10,000. :E FORM 88 - EFF. 112000 PAGE 2 ~..... ;.. - .,' !.. ! . . ~ -. .' . . . . . . . I . .". . . .". . I . . . ..