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HomeMy WebLinkAbout_2004 08 23 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 23, 2004 CALL TO ORDER The Regular Meeting of Monday, August 23,2004 of the City Commission was called to order by Mayor Jolm F. Bush 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 John F. Bush, present Deputy Mayor Robert S. Miller, Jr., present Commissioner Michael S. Blake, arrived at 6:31 p.m. Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. Commissioner Michael S. Blake arrived at 6:31 p.m. City Manager Ronald W McLemore arrived at 6:31 p.m. PUBLIC INPUT Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke of Citations and Contractors related to Hurricane Charley. Discussion. Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: commended Staff and the City Commission for the efforts they made related to Hurricane Charley and the clean-up effort. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 2 OF 34 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presentation Of Resolutions Honoring Members Of The 2004 Districting Commission. Mayor Bush recognized Members of the Districting Commission who were in attendance, Mr. Byron Giltz, Mr. Art Hoffmmm, and Ms. Lorry Roero. AWARDS AND PRESENTATIONS 101. Office Of The Mayor Presentation Of Certificates To Member Of The Leadership Seminole Program - Class Of 2004. Mayor Bush recognized individuals involved with Leadership Seminole and presented Certificates to those present. CONSENT AGENDA CONSENT 200. Police Department Police Department Requests The Commission To Give Approval For The Purchase Of (60) Quick Voice Software Applications And The Associated Operating Interface From The Law Enforcement Trust Fund To Be Installed On Police Department Laptop Computers. This Software Will Enhance Both Citizen And Officer Safety In Our Community By Delivering Very Important Information Quickly And Accurately To The Officers As Well As Allowing The Officers To Focus Their Attention On The Roadway And Potentially Dangerous Suspects And Or Situations. No discussion. CONSENT 201. Parks And Recreation Department - Public Works Department Requesting That The City Commission Approve Resolution No. 2004-35 So That Staff May Submit Three (3) Grant Applications To The Florida Urban And Community Forestry Grant Program. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 3 OF 34 CONSENT 202. Finance Department Requesting Authorization From The City Commission To Piggyback Off Of The City Of Casselberry, Florida's Contract For Meter-Reading Services. We Are Also Requesting Authorization To Engage Severn Trent Environmental Services, Inc. To Read The Remote-Read Meters Based On Their Proposal In The Meter-Reading Services Agreement. Discussion. CONSENT 203. Finance Department Requesting The City Commission Adopt Resolution No. 2004-36, Establishing A Bank Draft Policy. The Finance Department Is Also Requesting Authorization To Work With The City Attorney To Create A Bank Draft Authorization Agreement With All Appropriate Legal Disclaimers. There was no discussion on this Agenda Item. CONSENT 204. Office Of The City Clerk Approval Of The August 9, 2004 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 205. Office Of The City Clerk Requests That The City Commission Consider Authorization Of A Supplemental Appropriation Of $3,280.24 To Cover The Costs Associated With The Recent Recodification Of The City Of Winter Springs' Code Of Ordinances. "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 4 OF 34 Commissioner Blake left the Meeting at 7:01 p.m. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 301. Information Services Department Wishes To Update The Commission On Changes Requested By The Commission On July 12,2004 Commission Regular Agenda Item 503. There was no discussion on this Agenda Item. INFORMATIONAL 302. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. Brief discussion. INFORMATIONAL 303. Finance Department - Information Services Department Wish To Update The City Commission On The Status Of Payment Methods For Utility Customers. This Agenda Item was not discussed. INFORMATIONAL 304. Public Works Department - Urban Beautification Division Requesting The Commission Review Information About Landscape Improvements To The George Street Greenbelt Areas. With discussion on George Street, Deputy Mayor Robert S. Miller suggested that Mr. [Kip ton] Lockcuff, [Director, Public WorksfUtility Departments], "At the next Commission Meeting, you could give us an artist's rendition of what this formidable solution is going to look like." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,2004 PAGE 5 OF 34 With further discussion on the parking aspect of George Street, Deputy Mayor Miller said to Manager McLemore, "Bring it to us soon." "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2004-36) Changing The Future Land Use Map Designation From "Industrial" To "Commercial" For Five (5) Parcels Located Along US Highway. 17- 92. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Eloise Sahlstrom, AICP, ASLA, Senior PlalIDer, Community Development Department noted, "This is a Comprehensive Plan Amendment, a Large-Scale so if anybody does want to be infomled of the process, there is a sign-up sheet in the Lobby. Please put your name on that if you wish to follow this." Discussion ensued on a five foot (5') wide parcel. City Attorney Anthony A. Garganese said, "If the Commission was going to proceed, my recommendation unfortunately would be to re-advertise it to include the whole property, even though it is a small parcel." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,2004 PAGE 6 OF 34 DEPUTY MAYOR MILLER STATED, "MOTION TO TABLE." COMMISSIONER McGINNIS ADDED, "I MOVE THEN THAT WE POST THIS NOTICE AGAIN INCLUDING PARCEL 'F' ON YOUR MAP, FOR THE APPROPRIATE LENGTH OF TIME." MAYOR BUSH ADDED, "MOTION WOULD BE TO ALSO TABLE THIS." SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division The Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2004-35, The Five-Year Capital Improvements Program For FY (Fiscal Year) 2004/05 Through 2009/10 And Capital Outlays Document For Fiscal Year 2004/2005. Mayor Bush said, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2004-35 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom presented her opening remarks related to this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 1 OF 34 Tape I/Side B "I MOVE TO A SECOND READING." MAYOR BUSH STATED, "MOVED TO APPROVE AND MOVED TO SECOND READING BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER McLEOD." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Office Of The City Attorney Presents To The City Commission Approve On Second And Final Reading Ordinance 2004-37 Which Shall Amend Chapter 2, Article IV, Of The City Code, Creating A New Section 2-96., Exempting The City From The Newly-Enacted Early Voting Requirements Of Florida Statutes. Attorney Garganese read Ordinance 2004-37 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION THAT WE APPROVE ORDINANCE 2004-37." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 8 OF 34 REGULAR AGENDA REGULAR 500. Information Services Department Wishes To Present To The Commission Three Options For Providing Wireless Internet Access To The Mayor And Commission In The Commission Chambers Using Their Own Personal Or Corporate (Non-City-Owned) Laptops; And Requests That The Commission Choose And Fund An Option To Be Implemented. Ms. Joanne Dalka, Director, Information Services Department introduced this Agenda Item and her guest speaker, Mr. Rick Belisle. Mr. Rick Belisle, CISSP, Director, Professional Services, Internet Security Systems, 930 SE Central Parkway, Suite 100, Stuart, Florida: addressed the City Commission on this issue and commented on several options. Discussion. Deputy Mayor Miller said, "If other City Departments aren't going to start using this, then that should probably come back under a separate Item." With discussion, Commissioner McLeod said, "What would it take to make it available up here?.." Mayor Bush added, ".. .Don't use wireless..." Commissioner McLeod added, ".. .Put a computer up here, for the Commissioners and the Manager." Regarding "Fixed systems", Ms. Dalka asked Commissioner McLeod, "Would you like for us to bring back a proposal for that?" .:. .:. AGENDA NOTE: THE FOLLOWING DISCUSSION TOOK PLACE, AS DOCUMENTED. .:. .:. Boy Scouts Leader Mr. Danny Thompson, a resident of Winter Springs, introduced his Troop 613, from Saints Peter and Paul Catholic Church. .:..:. AGENDA NOTE: REGULAR AGENDA ITEM "500" WAS CONTINUED WITH, AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING. AUGUST 23, 2004 PAGE 9 OF 34 REGULAR AGENDA REGULAR 500. Information Services Department Wishes To Present To The Commission Three Options For Providing Wireless Internet Access To The Mayor And Commission In The Commission Chambers Using Their Own Personal Or Corporate (Non-City-Owned) Laptops; And Requests That The Commission Choose And Fund An Option To Be Implemented. Commissioner McLeod added, "I am suggesting, if we are going to go about doing this, put a permanent computer up here, to be used by every Board that is sitting here, that is hard wired in, if your recommendation - if that is the best way to go..." Ms. Dalka stated, "...Yes." Discussion. "THE MOTION WOULD BE - WE DO NOT APPROVE '500' AS IT IS IN FRONT OF US FOR WIRELESS - TONIGHT, BUT DIRECT STAFF TO COME BACK WITH A COST AND A BUDGET TO PUT COMPUTER SCREENS ON THE DAIS." MOTION BY COMMISSIONER McLEO][). MOTION DIED FOR LACK OF A SECOND. Mayor Bush then stated, "I would like to Table this" until Commissioner Blake comes back. "MY MOTION BASICALLY IS THAT WE DO NOT APPROVE ITEM '500' AS PRESENTED TO US THIS EVENING FOR WIRELESS, BUT WE DO DIRECT STAFF TO COME BACK TO US WITH A COST ANALYSIS OF WHAT IT WOULD TAKE TO PUT COMPUTERS AT THE STATIONS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 10 OF 34 REGULAR 501. Information Services Department Wishes To Present To The Commission The Records Management Plan And Requests That The Commission Approve The Plan Document; Authorize Year 1 (One) Expenditures ($86,094.00) To Begin Implementation Of The Plan As Stipulated In The Plan Document; Authorize Final Payment To FLC (Florida League of Cities) For Records Management Plan Document Consulting Fees ($28,015.00). Both Items Already Budgeted. Ms. Dalka introduced this Agenda Item and the City's Consultants from the Florida League of Cities. Ms. Sherry Hilley, CISA, Senior Consultant, Florida League of Cities, Post Office Box 530065, Orlando, Florida: presented a summary of their Report to the City Commission. Tape 2/Side A Ms. Hilley continued with her Report, followed by discussion. Mr. Frank Hagy, CPM, Chief Information Officer, Florida League of Cities, Post Office Box 530065, Orlando, Florida: addressed the City Commission. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE RECORDS MANAGEMENT TECHNOLOGY PLAN TO BE CONDUCTED IN THREE (3) YEARS; AUTHORIZE THE YEAR ONE (1) PURCHASE OF THE 'SERVICES, MAINTENANCE AGREEMENTS, SOFTWARE, AND EQUIPMENT', AS OUTLINED IN THE PLAN DOCUMENTS IN THE AMOUNT OF EIGHTY-SIX THOUSAND, ZERO NINETY FOUR DOLLARS ($86,094.00) AND AUTHORIZE THE FINAL PAYMENT TO FLC [FLORIDA LEAGUE OF CITIES] FOR THE RECORDS MANAGEMENT PLAN DOCUMENT CONSULTING FEES IN THE AMOUNT OF TWENTY-EIGHT THOUSAND ZERO FIFTEEN DOLLARS ($28,015.00) AND THEREFORE APPROVE ITEM '501'." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE II OF 34 REGULAR 502. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 170 Unit Town-House Development On 11 (Eleven) Acres In The County Enclave Of The Town Center, Located On The South Side Of SR (State Road) 434, Between The Winter Springs Automotive Site And Tuskawilla Road (The Site Does Not Extend East To Tuskawilla Road). Commissioner McLeod noted for the record, "I am the Property Owner of this particular parcel. " Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. Mr. Baker stated, "This is again a concept plan for one hundred seventy (170) units on eleven (11) acres. That is 15.5 units to the acre which is considerably less than the thirty- six (36) units per acre, allowed within the Town Center. The Applicant proposes one hundred seventy (170) rear loaded - that means garage entrance from an alley way in the back, town homes; a recreational facility with a pool; a pocket park; and an acre and a half storm water pond - amenity feature. Please note that some of the units do not front on a street, but instead front on the common open area. Our Consultant has looked at that and said that is not a problem - that is actually okay. Utilities and garbage collection and access to the garages will all be from the alleys in the rear. The Town Center Code addresses this property in its 'Squares, Parks and Streets Map'. The City map in the Town Center Code shows a 'Frontage Road' and three (3) roads intersecting that 'Frontage Road' at approximately ninety (90) degree angles. We have a slightly different plan from that - we note that when the Town Center Code was conceived, there was talk about master planning stomlwater - that has not proved to be practical for most of the Town Center, so we have the on-site stormwater that has been incorporated as an amenity feature. Dover, Kohl [& Partners] has looked at this in its initial stages and had some comments that were included in your packet. They felt that some additional points of access to [State Road] 434 would be good, but they were basically pretty happy with the plan that they saw. They addressed the Code requirement for a six foot (6') masonry wall saying that they thought it would be much better to have enhanced vegetative landscaping along that back side. We received the Concept Plan in its basic forn1at, but with some street types added late last week; and when we got it, we forwarded it to Dover, Kohl [& Partners] and you have the memo that they provided us this afternoon. I have also provided that to Mr. Corkery via email." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 12 OF 34 Mr. Baker continued by saying, "Basically, what you have is a very nice layout, but I would point out that the street layout is different than in the Town Center Code. You have a limited 'Frontage Road' you're connecting here to the Miranda site which has a 'Frontage Road'. That's good. The City Commission would have to waive the rest of the 'Frontage Road' requirement according to the Town Center Code. The street types are different than set forth in the Town Center Code and the Dover, Kohl [& Partners] Memo and attached map does address that. I think you have a limited 'Frontage Road', you have the 'Neighborhood Street's, then you have the 'Edge Drive' and that is not quite what Dover, Kohl [& Partners] had prescribed. You have on - your new Concept Plan, the 'Urban Boulevard' as you come in across the [State Road] 434 from Cliffrose [Drive] Boulevard that turns into a 'Neighborhood Street'; the portions of the generally east/west roads that abut the pond amenity feature are the 'Edge Drives' and the rest are either the 'Neighborhood Street' or the 'Town Center Street'. The Applicants' proposal had the connection road that goes between these two (2) east/west streets as an 'Edge Drive', but there is no edge there, so, Dover, Kohl [& Partners] is saying that needs to be either a 'Neighborhood Street' or the 'Town Center Street'. So, we go back and note that indeed this is not currently in the City, but it was planned for with the Town Center Code - that it is somewhat different than the Town Center Code and that any deviation from the Town Center Code needs to be addressed appropriately. You have the Dover Kohl [& Pariners] Memo with the recommendation- they seem to be generally happy with the plan with these minor modifications and we stand with Dover Kohl's [& Partners] recommendation." Discussion. Manager McLemore said, "What I would like to know, from the right person, Tom [Corkery] is - these additional issues that Victor [Dover] has on this Memorandum, August 23rd [2004] - are there any issues here?" Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: noted a document being distributed to the City Commission and while referring to documents stated, "This is the 'Edge Drive' that Dover, Kohl [& Partners] is talking about right here; which I don't think they had any problem with it through our Meetings, 'cause these units are going to have pretty views over to the retention pond. We have parking over here - right, we have parking over here. So that's the - only 'Edge Drive' that they are talking about." Manager McLemore stated, "The comment that 'Edge Drive' should only be used in locations that have open space along one (1) side of the street; such as, around the retention pond..." Mr. Corkery said, "...That's the only 'Edge Drive' we have - is there around the retention pond. So that's already been taken care of." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 13 OF 34 With further discussion, Mr. Baker noted, "I would point out there is a proposed Development Agreement - that apparently the Applicants have been working with our City Attorney on to have a collector road through here and there is a Comprehensive Plan requirement that we have a bicycle lane on any collector road, so we'd either have to amend the Comprehensive Plan or comply with that." Tape 2/Side 8 Discussion. Mr. Tony Weremechik, Architectural Design Manager, Canin Associates, Inc., 500 Delaney Avenue, Suite 404, Orlando, Florida: stated, "Being familiar with this, there are two (2) lanes of travel. Okay. There is a green side or the open space on one (1) side here recognized by a trail and I think it says 'green strip' - that's the open side. Then on the building side, which is over here, with the porches, with the sidewalk, with the green strip and the on street parking on one (1) side. And that is what we have achieved, we believe right here with what they are calling the 'Edge Drives'. Right there and there, both sides of the streets - lined with trees." With further discussion, Mr. Corkery added, "To address the parking issues, you have one hundred seventy (170) units; two (2) car garages for each unit; and an additional one hundred three (103) - guest parking spaces, which far and exceeds your two and a half (2 !h) parking spaces per unit. So, I think as far as guest parking, we are well taken care of on this. So, we maybe need a little bit of flexibility which your Town Center Code allows us to do on those portions of the road." Discussion. Mr. Corkery continued, "It's a design; it's a tight project. These are fifty feet (50) right- of-ways that we have here; with your sidewalks; your heavy landscaping for these units here; I don't have any more room to put a whole other set of parking area here." Manager McLemore said, "I don't think we need any more than fifty feet (50') to accomplish that, do we?" Discussion. Manager McLemore stated, "The extension of the entrance could be either 'Neighborhood Street' or 'Town Center Street' due its prominent location in the plan. Is that an issue?" Mr. Corkery answered, "No." Manager McLemore continued, "But, I think that each one has a different cross section - is there an issue?" Manager McLemore said to Mr. Baker, "His second comment, the extension of the entrance could - be either 'Neighborhood Street' or 'Town Center Street' due to its prominent location in the plan - so what is the issue relative to this plan? Operationalize that for me and do we have a problem with that?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23. 2004 PAGE 14 OF 34 Mr. Baker said, "The only places that I'm aware - this is okay as a 'Neighborhood Street' or 'Town Center Street' - these should not be 'Edge Drives' because that shows the parking on one (1) side and is talking about like a scenic vista or a trail on the other side. So, this is the only 'Edge Drive' and these need to either be the 'Neighborhood Street' or the 'Town Center Street' and I think those have the wider right-of-ways and parking on both sides of the street - I believe the 'Edge Drive' was chosen because it only has the parking on one (1) side." Manager McLemore stated, "Okay, so then number two is an issue?" Mr. Baker responded, "Yes sir." Manager McLemore continued, "From a right- of-way prospective - in order for them to comply with comment number two." Mr. Baker said, "Yes sir." Manager McLemore further stated, "Number one, the entrance road should be labeled 'Urban Boulevard' - 'Urban Boulevard' is an engineering detail, right?" Mr. Baker said, "That's detailed in the plan, but that appears what they have there right now." Manager McLemore continues, "So, that's not an issue. Two and three are issues." Mr. Corkery noted, "This right-of-way is the - 'Town Center Boulevard' - right now it's a forty foot (40/) right-of-way here, which I believe the Town Center Code is sixty feet (60') for that, is that correct?" With discussion, Mr. Corkery added, "We have a forty foot (40') right-of-way here with the 'Edge Drive' - and we continue that with the collector road coming through the project to the end. And what your - 'Town Center Boulevard', I believe recommends is sixty feet (60/), but we have parking on both sides of the Boulevard, so, we have forty feet (40/) here with parking on both sides of the road." Manager McLemore stated, "So one side was not an issue around the lake right?" Mr. Corkery responded, "No, not around a lake." Furthermore, Mr. Corkery added, "So once again, we have plenty of guest parking." Discussion. Deputy Mayor Miller stated, "We have 'Edge Drive' on our original documents - it was something where you would walk along and you would not have to deal with cars, and anybody that was living around the lake would be able to see the lake, and you wouldn't have a wall of cars on the other side of the street blocking the water feature." Deputy Mayor Miller added, "All along that lake right there, there will only be parking on this side - not on the lake side." Mr. Corkery noted, "That's correct." Deputy Mayor Miller continued, "Now, these alley ways back here - your footprints of the buildings are twenty-two (22) by thirty-six feet (36/), which means that your ground floor is going to be about eight hundred (800) square feet. If you have a two (2) car garage on the ground floor at the back of each building, the average -let us say it is twenty-two feet (22') wide by twenty feet (20/) deep - that is four hundred feet (400')." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 15 OF 34 Deputy Mayor Miller continued, "Four hundred feet (400') on the ground floor for air- conditioned space. This is going to be a two (2) story building?" Mr. Corkery answered, "We have two (2) stories and three (3) stories." Deputy Mayor Miller asked for confirmation - "Because - the two (2) stories will be about a thousand (1,000) square feet - eleven hundred (1,100) - with a two (2) car garage?" Deputy Mayor Miller was told by Mr. Corkery's associate, "Yes sir. Each unit has a two (2) car garage. We have four (4) units; we have a two (2) story; a two and a half (2 Yz); a three (3); and a three and a half (3 Yz)." Next, Deputy Mayor Miller noted, "Now I get to the apron behind the garage door - is there enough room for people to park two (2) cars outside - in front of their garage - on the back street?" Manager McLemore said, "No, there was no intent to do that." Mr. Corkery added, "What we have planned for is a paver alley way which is twelve feet (12') in the center; ten feet (10') going to the actual- the garage door. So, in between the every two (2) units, is a - little landscaped island there - there is not going to be any parking in the alley way." Mr. Corkery then said, "We are going to have the mail in the back; we are going to have garbage pick up in the back - and we wouldn't want people to park in there, it is going to be in our CCR's [Conditions, Covenants & Restrictions] that they're not going to be allowed to park there." With further discussion, Deputy Mayor Miller noted, "So, I guess I get back to - whether you are going to have adequate parking for visitors - if maybe a quarter have three (3) cars, they are almost going to be forced to put them in their garage because there is not going to be any parking space - and then visitors won't get any place at all." With discussion Mr. Corkery noted, "We have one hundred seventy (170) units and I have a hundred and three (103) guest parking spaces." Deputy Mayor Miller asked, "How big is the biggest unit going to be - in square footage." Mr. Weremechik stated, "It is three and a half (3 Yz) stories." Mr. Weremechik noted the smallest unit will be "Eleven fifty-four (1154) to be exact." Deputy Mayor Miller then said, "And you go up to the third floor, then you'd be..." Mr. Weremechik responded, "... 3 Yz story unit is two thousand two hundred and thirty-nine (2,239) square feet." Discussion. Additionally, Deputy Mayor Miller said, "I would just like to make one more comment. Again, I'm disappointed with the rectangular shape of your retention pond - everybody's got a square retention pond. It's the easiest thing to build because you maximize the space." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 16 OF 34 Mr. Corkery said, "We are going to have to provide storage for your collector road coming through the property so this is actually an oversized retention area because we are going to have to supply the storm discharge for your roads - when you rectangular it out like that you actually get more storage than you do making figure eights and things like that with the slope and everything else you have to do." Deputy Mayor Miller then asked, "Will it be dry in the dry season?" Mr. Corkery said, "No, this is our water table, which is very good - it's four feet (4') from grade so this thing should be about fifteen feet (15') deep." Commissioner McLeod stated, "I am a little surprised to hear tonight this 'Edge Drive' has come up because I sat in a couple different meetings that Mr. [Victor] Dover was in and I didn't hear any problems with the circulation pattern. As a matter of fact, this is the circulation pattern that he had suggested; and I didn't hear anything about parking on both sides of the street." Furthermore, Commissioner McLeod noted, "Also, I was given the indication that there was not a problem if the Developer wanted to go with one-way streets in here. I don't think the City wants one-way streets in here." Additionally, Commissioner McLeod said, "Several changes have been made here, Commissioners, so that it gave a good flow pattern. This is the pattern that the Consultants, Traffic Engineer, and also the City Design Engineer had for laying out the pattern of the homes." With further discussion, Commissioner McLeod said, "What is. the road width that is on there presently, Mr. Corkery?" Mr. Corkery answered, "The road width is forty feet. (40')." Commissioner McLeod continued, "According to the Town Center Code, page 14, it shows you can have an eight foot (8') parking, a ten foot (10') road, a ten foot (10') road, and an eight foot (8'). That's less than forty feet (40') and you have got traffic in both directions - I do not believe that is in the best interest of the Commission nor the City to narrow those streets down there, for that being that narrow. I think you're a little better off having parking on one (1) side, and wider streets and more greenery. What you are going to get rid of here, is the greenery along 'Edge Dlive' by the lake, by making that street wider because there will not be the - place to put trees in and landscape. And- the pond is designed to be able to be walked around - people, pedestrians and movement within the complex. So, think about those things if you decide you want to try to make those roadways wider in there. I think you are making a mistake. And I am surprised our Consultants didn't tell us this up front. We have met with them twice." Mr. Corkery said, "With the amount of parking that we have here, a forty feet (40') right- of-way of pavement, with parking on one (1) side with a retention pond; we had no problems with any of our earlier meetings with Victor [Dover] on this. We did tweak it quite a bit from where we started out here. Actually, I think it is a fabulous plan." With discussion, Mr. Corkery further stated, "These are really quite beautiful units for town homes. And I think the City would be proud to have these in their community. They will be the nicest town homes you will have here." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 17 OF 34 Commissioner Donald A. Gilmore said, "On the right side of the drawing - is that a street on your property or the adjacent property or a proposed street?" Mr. Corkery answered, "It's a proposed street that the City wants to build there. We have agreed to give thirty feet (30') of right-of-way for that road. We had discussions with Mr. McLemore's office with the property owners - this southeast side here." Mr. Corkery said, "Commissioner, we really don't have the solution to that because we have property owners here that really just don't want to get involved at all and are not interested in anything to do with the City at this time." Commissioner Gilmore asked, "If you don't have parking along there in the system, what is that going to do for these homeowners along that side?" Mr. Corkery answered, "Well, they are going to have to park where this other parking area is until that issue is resolved, until that road is built. I mean we have room for parking spaces here - we could build this right now and give you our thirty feet (30') and build fifteen feet (15') of road here. We could build thirty feet (30') in this area here - it something we need to resolve with your Staff here - what is the best approach? What would the City like us to do?" Manager McLemore stated, "We will bring back a temporary solution until we can get that other thirty feet (30') - so the project can go on." With additional discussion, Manager McLemore mentioned, "So, we are going to come up with a temporary solution to fix that road and make the intemal circulation pattern work on a temporary basis until we get the additional right-of-way." Deputy Mayor Miller asked, "Are these going to be owner occupied?" Mr. Corkery answered, "Yes sir." Deputy Mayor Miller then inquired, "A Homeowners' Association?" Mr. Corkery responded, "Yes sir." Next, Deputy Mayor Miller asked, "The Park area - does that meet the Town Center requirement for their pocket Parks - the green area?" Mr. Baker said, "Yes sir. We specifically asked the Dover, Kohl [& Partners] people about the pocket Park and they were very happy with that." Regarding the project, Mr. Corkery noted, "Just to go to the design - we have a beautiful pool/clubhouse." Furthermore, Mr. Corkery added, "The beautiful pool/clubhouse here - as far as traffic flow, I feel very positive - I live in Winter Springs however, I understand the traffic that we have here; this will go - one day go to Tuskawilla Road and will be absolutely fabulous. This lining up with Doran Drive for the High School - for all of those kids that are coming out here - one day it is going to be really quite an improvement for our traffic flow here. The City plans to put a signal here; we were given two (2) easements for both sides for a ten (10) by ten (10) conflict structure for the signalization for that area there; and a few other things we are giving to the property." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 18 OF 34 Mr. Corkery then said to the City Commission, "Tonight, I wanted you to look at the Conceptual Plan - there is some little flexibility I'm asking from you tonight - really not much at all, but as far as the units are concerned. The type of units, the architectural - they are absolutely gorgeous, and I think I'd like to get - I got your feedback, so I would like to get some sort of answer from you this evening." Manager McLemore then said to Attorney Garganese, "On the Comp [Comprehensive] Plan issue for bicycle lanes, are they applicable in the Town Center?" Attorney Garganese stated, "The Comprehensive Plan always prevails. If there is a conflict between the Zoning Code and the Comprehensive Plan, the Comprehensive Plan will prevail, but I haven't analyzed this particular provision of the Comprehensive Plan, so we will take a look at it before we bring the Development Agreement back, which will probably be the next Meeting." With additional discussion, Manager McLemore noted, "I want to talk to Victor [Dover] about these road issues and see if there are any real issues here." Furthermore, Manager McLemore added, "We need to come back with an answer on this Comp [Comprehensive] Plan issue." Mr. Corkery said, "As quickly as we can get this approved with the City and get my St. Johns - we have no wetlands on the property. We have got a couple of gopher tortoises, so really that should be very easy. Hopefully, with the City, we get approval from you through our Engineering - or anything else, sometime in December; St. John's permit, sometime in January; break ground in February - he wants to go as fast as I do - Levitt Homes, so, we are very excited about building this community." "I WILL MAKE A MOTION THAT WE - APPROVE THEIR CONCEPTUAL DEVELOPMENT PLAN FOR THE ONE HUNDRED SEVENTY (170) UNITS AND THAT THE CITY MANAGER WILL GET BACK TO US AT THE NEXT COMMISSION MEETING OR AT THE APPROPRIATE TIME WITH THE QUESTIONS." MOTION BY DEPUTY MAYOR MILLER. MANAGER McLEMORE STATED, "SO I THINK ALL THESE OTHER ISSUES WE WORK OUT BETWEEN NOW AND PRELIMINEERING ENGINEERING RELATIVE TO THE SITE AND THE STREETS." DEPUTY MAYOR MILLER ADDED, "SO YOU WILL GET BACK TO US." MANAGER McLEMORE ADDED, "WE WILL HAVE ALL THAT RESOLVED, AND WHEN WE BRING THAT BACK, WE BRING IT BACK WITH ALL THOSE ISSUES RESOLVED, AND WE WILL WORK THAT WITH STAFF." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 190F34 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: ABSTAINED MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ADD-ON AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. REGULAR AGENDA ADD-ON REGULAR 511. Office of the City Manager Requesting The City Commission To Give Direction Regarding Four (4) Storm Related Issues. 1. Arbor License Issue: Manager McLemore introduced the' Arbor License' issue. Discussion ensued between Captain Glenn Tolleson, Police Department; Manager McLemore; and Members of the City Commission. Commissioner McLeod mentioned that, "Unless they actually started dropping vertical trees, isn't that what we are saying - so therefore anybody having a Gardener or having a Landscaper that normally does their pruning of their bushes and hedges, to assist in removal of the trees that are on the ground or the trash on the ground would be absolutely allowed." Manager McLemore noted, "Would not require a License." Discussion. Tape 3/Side A With further discussion, Manager McLemore pointed out, "You do not have to come here to get a Permit to take down a damaged tree - or pay the Fee." Discussion ensued with Mr. Michael Mingea, Arborist/Environmental Inspector, Community Development Department. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,2004 PAGE 20 OF 34 2. Sewer Damage: Discussion followed on Sewer Damages. Mr. Jose Bibiloni, 1622 Wood Duck Drive, Winter Springs, Florida: spoke of a sewer back-up and asked how he should proceed. Ms. Loraine Camarano, 1609 Little Sparrow Court, Winter Springs, Florida: noted a sewer back-up and asked for the City to take care of them. Mr. Mark Walters, 1605 Little Sparrow Court, Winter Springs, Florida: extended his thanks to the Mayor and City Commission, Staff and Fire Chief Tim Lallathin for all that has been done thus far; spoke of technical details of a sanitary sewer overflow; and asked for complete restoration. Mr. Dave Smith, 1612 White Dove Drive, Winter Springs, Florida: thanked the Mayor and the City Commission and all of the Departments for their help with Hurricane Charley and asked for assistance with the sewage overflow problem in his home. Ms. Wendy Mize, 1607 Little Sparrow Court, Winter Springs, Florida: spoke of the problems in her home regarding a sewer back-up problem. Ms. Teresa German, 1608 Little Sparrow Court, Winter Springs, Florida: asked about the timeline for the City's restoration process for the sewer back-up situation. Mr. Jackie Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: spoke of a sewer back-up problem in his home. Discussion. Tape 3/Side B Mr. Lockcuff addressed this issue with the City Commission. Further discussion. Commissioner McLeod said to Manager McLemore, "Get them out of the homes, now - we need to move them out of those homes and then have somebody come in and look at it. " Commissioner Blake returned to the Meeting at 10:33 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 21 OF 34 Commissioner McGinnis said, "I think we need to find somebody immediately to see if these dwellings are condemned." Commissioner McGilmis added, "I think we need to move on it right away." Deputy Mayor Miller said, "I think Commissioner McLeod may be on the right track, either that or we need to get somebody from the Health Department in there immediately, in the next twenty-four (24) hours and advise you of your options." Commissioner Blake noted, "We will find a way to get it fixed." Commissioner Gilmore said, "I support the issue too that the people need to get out of their homes." Further discussion. Deputy Mayor Miller noted, "I think the best thing to do right now is to have somebody designated to go and make a detem1ination of each one of these homes in the next twenty-four (24), forty-eight (48) hours. If it is found it is uninhabitable for whatever reason, then we give them thirty (30) days in a Hotel that has kitchen facilities as several people have already mentioned, and that we start working through the details." Deputy Mayor Miller added, "The thing we need to do tonight is to have somebody go and take a look at all those homes in the next twenty-four (24) hours, and those that are found to be uninhabitable for whatever the criteria that they use, they can then tell the homeowner this is where you are at - and the City will then say okay, this is the Hotel that you can go to, or if they don't want to do that, they can take the money and go some place else." Deputy Mayor Miller added, "We need to work with these folks - that is a Motion. He is going to have to work with these folks and with us, over the next week or two." Tape 4/Side A Regarding Chief Lallathin as the Project Manager for this situation, Commissioner Gilmore suggested, "They need one person who they can contact and can give them answers." Mayor Bush said, "I am sure Tim [LallathinJ will make his whereabouts known to the citizens who are affected, so they can contact him at any time." As to how many Hygienists the ins company should hire, Mayor Bush added, "I think the sooner the better, and the more the better." Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 22 OF 34 "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER THAT THIS ITEM IS OF TOP PRIORITY TO HANDLE NUMBER ONE; AND DIRECT HIM, TOMORROW TO FIND A WAY TO MAKE ARRANGEMENTS SO THAT EACH OF THE AFFECTED PARTIES HAS AN APPROPRIATE PLACE TO STAY FOR A PERIOD OF FOURTEEN (14) DAYS AND DURING THAT FOURTEEN (14) DAYS - AND HAVE THE CITY MAKE - A DIRECT EXPENDITURE TO WHATEVER THAT LOCATION IS, SO THAT EACH INDIVIDUAL PARTY DOES NOT HAVE TO GO THROUGH A REIMBURSEMENT CYCLE ON THAT. AND DURING THAT FOURTEEN (14) DAYS, LOCATE APPROPRIATE LONGER TERM HOUSING IF IT IS REQUIRED, FOR EACH OF THOSE FAMILIES, UNDERSTANDING THAT SOME MAY NOT NEED ANY ADDITIONAL TIME AND SOME MAY NEED AN EXTENDED PERIOD OF TME, WHA TEVER THE CASE MAY BE - TO MOVE FORWARD IN DETERMINING WHA T THE APPROPRIATE TYPE OF TEMPORARY LODGING WOULD BE. IN ADDITION - DIRECT THE CITY MANAGER - IF HE NEEDS TO PUT TOGETHER A TASK FORCE, \VHATEVER METHOD HE THINKS IS MOST EFFECTIVE, TO INCLUDE THE FIRE CHIEF, THE PUBLIC WORKS DIRECTOR, IF THAT IS REQUIRED - WHATEVER IT TAKES TO COME UP WITH A PLAN OF ACTION TO HANDLE THIS SITUATION. OBVIOUSLY, WE HAVE. GOT DIFFERENT INSURANCE COMPANIES ON HERE - WE NEED TO MAKE SURE WE GET ALL THE COPIES OF ALL THE INSURANCE POLICIES FROM EACH OF THESE AFFECTED PARTIES; GET TOGETHER WITH OUR LEAGUE INSURANCE; HANDLE ANY FILINGS THAT ARE REQUIRED - FOR FEMA [FEDERAL EMERGENCY MANAGEMENT AGENCY] IN ORDER TO GET ANY REIMBURSEMENTS THAT ARE POSSIBLE THERE, AND DEVISE A POSSIBLE TENTATIVE BUDGET OF WHAT THIS MIGHT COST GOING FORWARD. THIS IS PROBABLY GOING TO TAKE A MONTH TO PUT TOGETHER I UNDERSTAND, BUT WE NEED TO NOT SIT AROUND WONDERING WHO IS GOING TO DO WHAT NEXT; \VE NEED TO - I THINK TAKE CONTROL OF THIS SITUATION AND MOVE FORWARD WITH IT. I THINK THAT YOU HAVE SPENDING AUTHORITY AT THIS POINT IN TIME THAT SHOULD BE ABLE TO COVER THOSE FOURTEEN (14) DAYS FOR THOSE FAMILIES. IF YOU DON'T, I THINK FURTHER THAT YOU WOULD BE AUTHORIZED TO CONTACT AND POLL THE COMMISSION IF YOU NEED ADDITIONAL FUNDING AUTHORIZATION FOR THAT - AND THAT THAT WOULD BE SUFFICIENT TO GRANT THAT AUTHORIZATION TO YOU." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,2004 PAGE 23 OF 34 DEPUTY MAYOR MILLER SAID, "JUST A POINT OF CLARIFICATION AND THAT WAS THAT THE FLORIDA LEAGUE [OF CITIES] WILL HAVE THEIR - HYGIENIST TO INSPECT THESE QUARTERS IN THE NEXT TWENTY- FOUR (24) - FORTY-HOURS (48) HOURS. WAS THAT UNDERSTOOD IN THE MOTION?" COMMISSIONER BLAKE SAID, "IT IS PART OF THE DIRECTIVE TO TAKE CARE OF THE PROBLEM." DISCUSSION ENSUED ON PER DIEM. MAYOR BUSH SAID TO COMMISSIONER McGINNIS, "I THINK COMMISSIONER, YOU ARE IN FAVOR OF A PER DIEM OF SOME AMOUNT..." COMMISSIONER McGINNIS STATED, "...ABSOLUTELY." COMMISSIONER GILMORE SAID, "I AM IN FAVOR OF PER DIEM, BUT BELIEVE ME, THERE ARE MORE COSTS THAT THESE PEOPLE ARE GOING TO HAVE, OTHER THAN FOOD." COMMISSIONER GILMORE ADDED, "I AM IN FAVOR OF A PER DIEM, BUT LET'S MAKE IT REASONABLE, RECOGNIZING THERE ARE ADDITIONAL COSTS HERE." COMMISSIONER BLAKE REMARKED, "I ABSOLUTELY FEEL THAT THE CITY NEEDS TO MAKE SURE THAT THESE FOLKS ARE NOT BURDENED, ADDITIONALLY OVER AND ABOVE WHAT THEY WOULD BE IN THEIR NORMAL LIFESTYLE." DISCUSSION. "I WOULD SAY IT IS TWELVE DOLLARS ($12.00) A DAY, PER PERSON, PER DIEM. I AM AMENDING THE MOTION TO ADD THIS TO THE MOTION. IT IS TWELVE DOLLARS ($12.00) A DAY, PER PERSON FOR THE PER DIEM TO COVER A PARTIAL, BECAUSE THEY WOULD HAVE EXPENDITURES TO EAT OUT ANYHOW, OR TO EAT AT HOME - THAT IS OVER AND ABOVE." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER GILMORE SAID, "WE PUT IN A TIME FRAME THAT THAT CAN BE REVIEWED AT THE NEXT MEETING." COMMISSIONER McLEOD ADDED, "BY ALL MEANS." VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 24 OF 34 VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Discussion. "MOTION TO EXTEND THE MEETING FOR ONE (1) HOUR." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Bush called a Recess at 11:34 p.m. Mayor Bush called the Meeting back to order at 11:49 p.m. Deputy Mayor Miller returned to the dais at 11:51 p.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS CONTINUED WITH, AS DOCUMENTED. .:. .:. REGULAR AGENDA ADD-ON REGULAR 511. Office of the City Manager Requesting The City Commission To Give Direction Regarding Four (4) Storm Related Issues. 3. Gated Communities: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 25 OF 34 4. Debris Removal Process: Mr. Anthony Tanner, Vice President, Grubbs Emergency Services, LLC, Post Office Box 12113, Brooksville. Florida: spoke on his Company's efforts to clean the debris in the City and noted, "We are going to be adding on about five (5) or seven (7) more crews tomorrow for sure, and possibly more." Commissioner McLeod inquired, "How many people are in a crew?" Mr. Tanner responded, "Usually four (4) or five (5)." Commissioner Blake said, "When you were here a week ago or so, we were discussing that third pick-up - you may recall that I had a discussion about how we didn't want it to be too soon..." Mr. Tanner stated, "Right." Commissioner Blake then stated, "We talked about public notification, but my problem is that as difficult as it is to get Contractors out there, that forty-five (45) days may not - in and of itself be enough time, but certainly, not less than thirty (30) days and the notification I got in the mail said, September 15th, which is less than thirty (30) days." Mr. Tanner then said, "I can assure you we're not going to leave here and leave your streets with a lot of debris on them - however long it takes." Commissioner Blake added, "My concern is that the debris hadn't got out on the street yet.. ." Mr. Tanner said, "...If the debris hadn't got out because of bad weather or whatever reason that the people couldn't get - it out, we're not going to leave you." Commissioner Blake then said, "Ron [McLemore] - we discussed forty-five (45) days and I got something in the mail that had thirty (30) days on it and that is not what we discussed a week ago. It is in the Minutes." Commissioner Blake then said, "I want to make sure that we - fix that, that it is not a mistake because I am really concemed about folks not being able to get a Contractor to get someone out there, in order to get it done." With further discussion, Commissioner Blake noted, "It has to be at least forty-five (45) days." Mr. Tanner added, "We're not going to leave here and leave you with debris." Mayor Bush suggested, "I think Commission - we might want to consider giving another mailing out to the citizens at some point, giving them an update - we need to adjust this time as Commissioner Blake has indicated." Deputy Mayor Miller inquired about bags of debris being picked up and Mr. Tanner said, "Yes sir, we are picking up bags." Discussion ensued on a HUlTicane Chart and HlllTicane Charley's recent path through the area and the City of Winter Springs. Mayor Bush noted, "That would be a nice thing to put in our next little newsletter that goes out - maybe a picture of that." With discussion on the progress being made on the debris clean-up, Mr. Tanner stated, "If you' all see something you don't like, just let me know, and we'll sure correct it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 26 OF 34 Manager McLemore then advised the City Commission, "We have a ruling from FEMA [Federal Emergency Management Agency] as of yesterday, that they will not cover the costs of gated communities as far as debris pick-up - the issue being that you are spending public dollars on private property." "I WILL MAKE A MOTION - SEEING ALL THESE GATED COMMUNITIES ARE - TAX-PAYERS WITHIN THIS CITY, THAT WE NEED TO FIND A FUNDING SOURCE TO PAY FOR THE DEBRIS PICKUP IN THE GATED COMMUNITIES OF THE CITY..." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. COMMISSIONER McLEOD ADDED, "...IF IT IS NOT COVERED BY FEMA [FEDERAL EMERGENCY MANAGEMENT AGENCY]." ATTORNEY GARGANESE NOTED, "YOU ARE GOING TO NEED A DECLARATION OF PUBLIC PURPOSE - UNDER THE CIRCUMSTANCES YOU CAN MAKE THAT DECLARATION. I RECOMMEND DOING IT IN WRITING." ATTORNEY GARGANESE ADDED, "I THINK YOU CAN - MAKE A SIGNIFICANT DECLARATION OF PUBLIC PURPOSE TO REMOVE THE - STORM DEBRIS THAT WAS CAUSED BY HURlUCANE CHARLEY - WE NEED TO PUT A DECLARATION IN WRITING, WHICH WE CAN DO AFTER THIS MEETING AND HAVE THE MAYOR EXECUTE IT." WITH FURTHER DISCUSSION, ATTORNEY GARGANESE SAID FOR THE RECORD, "UNDER THE CIRCUMSTANCES, I WILL HAVE TO HANDLE IT SEPARATELY IN A RESOLUTION. IT IS JUST STATED FOR THE RECORD, BUT WE JUST TALKED ABOUT WHAT THE DECLARATION IS GOING TO SAY, YOU JUST NEED TO VOTE ON THIS MOTION THAT YOU'RE WILLING TO PAY THE MONEY AND WE'LL DO THE RESOLUTION." COMMISSIONER McLEOD SPOKE OF HIS MOTION ON THE FLOOR AND STATED HIS MOTION WAS, "TO FIND THE MONEY WITHIN THE CITY COFFERS IF FEMA [FEDERAL EMERGENCY MANAGEMENT AGENCY] DOES NOT STEP UP TO THE PLATE." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 27 OF 34 Mayor Bush said, "I do think that we should try to get something out to the citizens - the mailing was I think very well received; they got a lot of good comments about it from people. They really appreciated it, and I think another one at some point with an update on some of the issues that came up tonight." Commissioner Blake said, "Could the mailing come from the Mayor and the Commission, instead of just the Mayor?" .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR REGULAR 504. Office Of The City Manager Requesting The Commission To Provide A Consensus Of Opinion Regarding A Proposed Date For A Joint Meeting With The City Of Oviedo. Mayor Bush said, "Move '504' to the next Meeting." .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 503. Community Development Department Recommends Approval Of The Proposed Architectural Rendering For The Building On Lot 5 At The Tuskawilla Office Park (TOP), Subject To The Dover Kohl And Partners Comments. Discussion. "I MAKE A MOTION WE APPROVE PROPOSED ARCHITECTURAL RENDERINGS - '503' - ATTACHMENT 'B.'." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 28 OF 34 REGULAR 505. Not Used. REGULAR 506. Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk. Commissioner Blake stated, "She should have one." Commissioner McGinnis noted, "ASAP - September, that is when it is due. September 2ih, [2004]" "I WOULD LIKE TO MAKE A MOTION WE DIRECT THE CITY CLERK TO BRING BACK TO US THE SAME TYPE OF APPRAISAL METHOD THAT SHE USED IN THE PREVIOUS YEAR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 507. Office Of The Mayor Requests The City Commission Consider Travel Reimbursements. "MOTION TO POSTPONE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23. 2004 PAGE 29 OF 34 Mayor Bush added, "Postponed - to the next Meeting?" Commissioner Blake said, "Yes." Commissioner McGinnis also stated, "Yes." Mayor Bush added, "Next Meeting. " REGULAR 508. Office Of The City Clerk Requests The Mayor And City Commission To Decide On A New Date For The Advisory Board And Appreciation Dinner. Tape 4/Side B With discussion, Commissioner Blake stated, "Why don't we ask Andrea [Lorenzo- Luaces, City Clerk] to come back with some dates that the [Tuscawilla] Country Club can handle." Commissioner Blake added, "Is it possible to pick a block of time and get available dates from him, email us, call, whatever." City Clerk Lorenzo-Luaces responded, "I can do that." Mayor Bush added, "When Andrea [Lorenzo-Luaces] calls, be prepared to look at your calendars." REGULAR 509. Office Of The City Manager Requesting The City Commission Decide Issues Related To Employee Insurance Coverage. Brief discussion ensued with Ms. Michelle Greco, Director, Finance Department who stated, "On June 15\ [2004] we had a Workshop on the Budget in which we discussed the Health Insurance and - it was my understanding that we agreed; so this is more of a housekeeping issue that there was a consensus to choose Health Plan '44 C' through United Health Care." Ms. Greco then noted that, "At that point however, we didn't have the bids for the 'Dental', 'Life', 'AD&D', and 'Long-Term Disability [Insurance]'. Since then we have gotten those in and that was included in your packet - all the bid comparisons. And just to recap, the City Manager and Staff recommends for the Health Insurance provider - United Health Care '44 C', 'HMO' and the 'POS' Plan, but for the 'POS' Plan, as in year's past, the employee would have to pay the additional amount to above and beyond the 'HMO' portion." "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MANAGER McLEMORE SAID TO COMMISSIONER BLAKE, "DOES THAT INCLUDE EVERYTHING COMMISSIONER?" COMMISSIONER BLAKE STATED, "MOTION TO APPROVE, ALL THE WAY DOWN." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23. 2004 PAGE 30 OF 34 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 510. Office Of The City Manager On Behalf Of The Winter Springs High School Booster Club Is Requesting The Commission To Consider Further Exploration Of The Feasibility And Desirability Of Building A Joint High School/Municipal Athletic And Aquatic Center. "MOTION TO POSTPONE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER STATED, "WE'RE POSTPONING TO THE NEXT MEETING?" COMMISSIONER McGINNIS SAID, "YES." COMMISSIONER BLAKE ADDED, "SURE." DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS : AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush noted, "Next Meeting." REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 31 OF 34 REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned that a replacement date for the Budget Workshop which was postponed from August 16, 2004 was needed, and suggested, "If we could do it on the 30t\ that would be idea!." With discussion, Mayor Bush said, "On the 30th [of August] - does that work? 6:30 p.m.?" Commissioner Blake stated, "Yes." Mayor Bush then noted, "August the 30th at 6:30 [p.m.] - a Budget Workshop." With further brief discussion, Mayor Bush then said, "Is that okay with everybody?" Commissioner McGinnis added, "Yes." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Commission Seat Two - Michael S. Blake Commissioner Blake spoke on the proposed County Charter Referendum and stated, "Oviedo has agreed, I think, and they are waiting to hear from me early this morning, to actually call a Special Meeting prior to that to pass a Resolution - a Resolution of intent to provide a Moratorium that would cover Annexation in that rural area; Land Use changes in that rural area; and/or Comp [Comprehensive] Plan changes in that rural area; and any extension of Water or Sewer Utilities into that area for a period of two (2) years and three (3) months. They will do that, if we do it - and if we do it and they do it, then the County has represented to me that they will not put the question on the ballot. That is two (2) years and three (3) months. After that two (2) years and three (3) months time expires, if we have not successfully negotiated a workable Joint Planning Agreement between the City of Oviedo; the City of Winter Springs, and the County [Of Seminole], then the County would have the right to put it on the Ballot at that time - in other words in 2006." With further discussion, Attomey Garganese stated, "The County Commission is going to hold a meeting at 1 :30 [p.m.] - the most we can do tonight is adopt just a Resolution declaring your intent to impose a Moratorium on what Commissioner Blake said, Annexation; Land Use; Zoning; and Utility Extensions. For all intents and purposes, the Moratorium really affects Annexation because you don't have Land Use authority or Zoning authority until you annex the propeliy anyway. So you could declare your intent and come back at the next Commission Meeting and - have First Reading of an Ordinance which would impose the Moratorium." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,2004 PAGE 32 OF 34 Commissioner McLeod spoke for the record on previous actions of the parties involved. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS PASSES A RESOLUTION THAT SIGNIFIES ITS INTENT TO DEVELOP A MORATORIUM ON ANNEXATION, EXTENSION OF WATER AND SEWER AND UTILITY SERVICES AND ANY CHANGES TO THE CITY'S COMPREHENSIVE PLAN RELATED TO PROPERTIES LOCATED WITHIN THE CURRENT RURAL AREA OF THE COUNTY AT THE NORTHEAST BORDER OF THE CITY OF WINTER SPRINGS - THAT AREA COMMONLY KNOWN AS THE 'BLACK HAMMOCK' THAT IS NOT CURRENTLY WITHIN THE INCORPORATED LIMITS OF THE CITY OF WINTER SPRINGS." MOTION BY COMMISSIONER BLAKE. MAYOR BUSH STATED, "COMMISSIONER GILMORE SECONDED IT." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: NAY MOTION CARRIED. Attorney Garganese said to Mayor Bush, "I am going to need you to sign that Resolution [2004-37] and then I will present it to the County Commission at their Meeting at 1 :30 p.m." Mayor Bush added, "Just call me." REPORTS 604. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore stated, "I would like just to express my appreciation for the fine work the City administration and the Staff has done in the Hurricane [Charley] preparedness and clean-up." REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis noted, "I will second that. I have been very proud of the high level that this Staff has operated under during this crisis." Commissioner McGinnis then mentioned that the Eckerd's at State Road 419 and State Road 434 is closing; spoke of Eckerd's being bought by the CVS/pharmacy Company and said, "I am going to call the Regional person for CVS[/pharmacy] tomorrow and see if we can't at least continue and have CVS[/pharmacy] there." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 PAGE 33 OF 34 REPORTS 606. Commission Seat Five - David W. McLeod Commissioner McLeod further commented on the proposed County Charter Amendment. Secondly, Commissioner McLeod said to Manager McLemore, "I - did not understand we had a sewer back-up in people's homes on Monday." Commissioner McLeod added, I don't think this City Conm1ission was inforn1ed of homes having a sewer backing up in them." Manager McLemore said, "I think we will just have to go to the [audio]tape." Commissioner McLeod then said, "Of all disaster or problem issues that I believe as a Commissioner I should have been called on, I believe this is one that should have taken top priority by the Manager - getting a hold of myself as a Commissioner and the rest of these Commissioners and making them aware of the ongoing problem we had here." Manager McLemore added, "Just for my own satisfaction, I need to go back to the record and I will let you know what was said, because if we didn't let you know, we should have." Commissioner McLeod then said, "Call me by 9 o'clock tomorrow." Thirdly, Commissioner McLeod said, "I do want us to thank the Staff, Manager, the Police Department, Fire Department for their outstanding job overall through this particular crisis this City has had with the storm [Hurricane Charley] - in the response that I have seen from City Hall as a whole; and I have heard from more than one - saying thank you." REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush mentioned, "The Library Expansion Subcommittee met on August lih. I will give the Minutes to Andrea [Lorenzo-Luaces] so you can see what is going on there. " Mayor Bush then said, "I think Progress Energy did a great job of keeping us informed." Next, Mayor Bush mentioned our "Communication system - I had a lady call me today and she was very nice about this, but she said she tried to find out - she lives in Hacienda [Village] - if the drinking water was okay?" Mayor Bush continued, "She said, I couldn't get anybody at the City to - tell me an answer to that question." Mayor Bush added, "Somehow, we have just got to get this telephone thing worked out so when people call the City they can find out who they need to talk to and talk to somebody." Mayor Bush added, "Something like 'Can I drink the water?' - everybody at City Hall should have known the answer to that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2004 f'AGE 34 OF 34 Mayor Bush then said, "Staff did a great job. I think the Manager did a nice job of keeping everybody informed." Furthermore, Mayor Bush said, "Ron [McLemore]. I think the Staff did a good job and - the clean-up [after Hurricane Charley] I think is going very well. The citizens seem to be very appreciative of it. We have gotten some compliments, we have gotten some criticisms - I sent you a couple of emails." Mayor Bush then added, "All in all, good job!" REPORTS 608. Commission Seat One/Deputy Mayor - Robert S. Miller . No Report. ADJOURNMENT Mayor Bush adjoumed the Regular Meeting at 12:48 a.m. RESPECTFULLY SUBMITTED: APPROVED: j ;$ _:-- --- - - "., --~~~ j- ~J .I~ '/~ . ,;f'V--~ 'II r~,ft8SH ; AYOR _ ~-: .- -;.;. - ~.- ~';' ... .,. , - _:~' .r .__- ...-~-<""..,.,~'-"'? .. -..r- , '<:---:-i:,:~~:-)I M NOTE: These Minutes were approved at the September 20, 2004 (Postponed from September 13, 2004) Regular City Commission Meeting. FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY~ MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS .~ST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL., COMMISSION. ALfTHORITY OR COMMITTEE David W. McLeod City Commission . IAILlNG ADDRESS THE BOARD. COUNCil. COMMISSION. ALfTHORITY OR COMMITTEE ON 645 Dunmar Circle WHICH I SERVE IS A UNIT OF: HY COUNTY ~CITY o COUNTY o OTHER LOCAl AGENCY Winter Springs Seminole NAME OF POLITICAl SUBDIVISION: City of Winter Springs 'ATE-ON WHICH VOTE OCCURRED MY POSITiON IS: August 23, 2004 dC ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, :ommission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting : )ntJict 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 ):'1 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 !I, person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ;ure which inures to the special gain or loss of a prin~ipal (other than a government agency) by whom he or she is retained (including the -:larent organization or subsidiary of a c~rporate principal by which he or she is retained); to the special private gain or loss of a relative; ex J) the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that ;apacity. =or purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, nother-in-Iaw, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business ~nterprise 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). ELECTED OFFICERS: n addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS 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. APPOINTED OFFICERS: '\Ithough you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you l'lust disclose the nature of the conJlict before making any attempt to influence the decision, whether orally or in writing and whether made )y you or at your direction. :F YOU INTEND TO MAKE ANY AITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE rAKEN: You must complete and file this form (before making any allemptto 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) .r- rAn, ~ nn rr-;r .. '-'r\r-..r\ n...I""':'C'I 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 measu"re before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the ..meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, David W. McLeod , hereby disclose that on Augus t 23, ,2004 : (a) A measure came or will come before my agency which (check one) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or , 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 before my agency and the nature of my conflicting interest in the measure is as follows: , which See attached excerpt related- to Vote: August 30, 2004 Date Filed "...,yo :-- - --... ~- '" ... "'"::~ -:- ..f:- T-:~ -: ~~. ..,'" - -- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED 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 88 . EFF. 1/2000 PAGE 2