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Home My WebLink About_2004 06 14 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JUNE 14, 2004 CALL TO ORDER The Regular Meeting of Monday, June 14, 2004 of the City Commission was called to order by Mayor John 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 Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:32 p.m. Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner David W. McLeod, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. Regarding "Agenda Changes", Mayor Bush stated that regarding Regular Agenda Item "509" "Commissioner Gilmore has asked that that be pulled until - future time - you just let the Clerk [Andrea Lorenzo-Luaces] know, Mr. Gilmore." Commissioner Michael S. Blake arrived at 6:32 p.m. PUBLIC INPUT Mr. Richard 1. Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: commented on constant power outages in the Highland Subdivision. Mayor Bush asked Mr. Kip Lockcuff, P.E., Public WorkslUtility Department Director, about this issue. Mr. Lockcuff stated, "We can look into it." Mr. Lawrence Walters, Esquire, 781 Douglas Avenue, Altamonte Springs, Florida: as the Attorney for Ms. Sandra Rawlins, Mr. Walters commented on the rescheduling of the planned Animals/Pet Workshop. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 2 OF 29 Brief discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. CONSENT AGENDA CONSENT 200. Finance Department Requesting The Commission Approve Resolution 2004-18, Which Designates The City Manager And The Finance Director As Authorized Representatives To Execute Documentation Required By Bank Of America On Behalf Of The City Of Winter Springs. In Addition, It Is Requested That The Public Works/Utility Director Also Be An Authorized Representative Only In The Event Of An Emergency Whereby Either The City Manager Or The Finance Director Is Unavailable To Duly Execute Said Documents. No discussion. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 202. Office Of The City Attorney Requests The City Commission Consider Accepting A Quit Claim Deed From Pulte Home Corporation For Ownership Of A Parcel Of Land Located Within The City Of Winter Springs. No discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 3 OF 29 CONSENT 203. Office Of The City Clerk Resolution Number 2004-19 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Donald A. Gilmore For His Service On The Tuscawilla Lighting And Beautification District Advisory Committee. Brief discussion. CONSENT 204. Office Of The City Clerk Resolution Number 2004-20 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Edward Martinez, Jr. For His Service On The City Commission. No discussion. CONSENT 205. Office Of The City Clerk Approval Of The May 24, 2004 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE THE CONSENT AGENDA LESS ITEM '203'." MAYOR BUSH STATED, "MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS PULLED OFF THE CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 4 OF 29 CONSENT AGENDA CONSENT 203. Office Of The City Clerk Resolution Number 2004-19 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Donald A. Gilmore For His Service On The Tuscawilla Lighting And Beautification District Advisory Committee. "I WOULD LIKE TO MAKE A MOTION WE APPROVE RESOLUTION 2004- 19." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: ABSTAINED COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush read Resolution 2004-20 into the record and presented the Resolution to former Commissioner Edward Martinez, Jr. Former Commissioner Martinez thanked the Mayor and City Commission and all the citizens of Winter Springs for the Resolution. Mayor Bush then read Resolution 2004-19 into the record and presented the Resolution to Commissioner Donald A. Gilmore. Commissioner Gilmore thanked the City Commission for his Resolution. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Blake commented to City Manager Ronald W. McLemore on the proposed Ice Cream Store and stated, "I just want to make sure that we are taking a careful look at what kind of buildings we allow in the City." Manager McLemore stated, "Definitely. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 5 OF 29 Commissioner Blake commented on the underground tanks at the Medallion Convenience Store. Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "We have been told that it's perfectly legal." Manager McLemore stated, "It will all be verified in the process." Commissioner Blake added, "I have got a concern about leaving the tanks in the ground." Furthermore, Commissioner Blake said, "Let's make sure we don't lose track of it." INFORMATIONAL 301. Public Works Department Advising The City Commission The Plan Of Action For George Street. This Agenda Item was not discussed. INFORMATIONAL 302. Information Services Department Wishes To Update The Commission On The Status Of The I.T. Plan Created In Fiscal Year 2002. There was no discussion on this Agenda Item. INFORMATIONAL 303. Parks And Recreation Department Informing The City Commission Of The Status Of The Winter Springs Grizzlies Football Organization. No discussion. INFORMATIONAL 304. Parks And Recreation Department Informing The City Commission Of The Status Of The Community Development Block Grant (CDBG) For Demolition Of The Civic Center And Construction Of A New Neighborhood Community Center At Sunshine Park. Commissioner Miller noted that he has concerns regarding the lack of space at the Senior Citizen's Center. Commissioner Miller requested, "I would like to see the City Manager or the City Staff come up with - a briefing for us on what can be done to expand the Senior Citizen's Center, at some point in next two (2) to three (3) years, maybe double it . . " In SIze. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 2004 PAGE 6 OF 29 With further remarks, Commissioner Miller added, "I think we need to look at expanding that facility, so I would like to see the City Manager, if this Commission will agree, come back with some kind of an Informational Item, maybe a proposal on how we can address that issue in the next two (2) to three (3) years." Commissioner Sally McGinnis stated, "I support that, but I would expand it. I would like to see somebody look at the present facility and do a recommendation on better utilization of the space that there is." Mayor Bush added, "You are asking the Manager to look into this." Commissioner Blake said, "I agree with the first part of Commissioner McGinnis' comments" and added, "Ron [McLemore], I am sure that you and your Staff can do some sort of 'Utilization Study' to determine whether or not we need to expand it, and if so, how. But, first, "I would like to see ways that we can more efficiently and effectively use the space that we currently have over there." Manager McLemore also mentioned that there is also an issue with the potential capacity for parking at the Senior Citizen's Center. Mayor Bush summarized that "Everyone is in agreement with your original recommendation that the Manager look into the use of this facility to determine if it can be better utilized." Commissioner Miller added, "We had a conversation a couple of weeks back about the possibility of putting some kind of a facility into Central Winds Park which would serve a purpose for a Civic Center." Commissioner Miller then suggested, "It might be possible to expand the Senior Citizen's Center into the existing facility that we already have there, if we are going to put something on our Itinerary for two (2) years out, three (3) years out to build a facility in Central Winds Park which would serve as a Civic Center." INFORMATIONAL 305. Parks And Recreation Department Notifying The City Commission Of The Status Of The Land And Water Conservation Fund Grant Regarding Acquisition Of The Wincey Property. This Agenda Item was not discussed. "MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 7 OF 29 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Public Works Department Presents To The City Commission For The Second And Final Reading Ordinance Number 2004-24 Amending Chapter 9, Article IV, Division 2 Of The City Code, Creating A New Section 9-206. Entitled "Right-Turn Deceleration Lanes". City Attorney Anthony A. Garganese read Ordinance 2004-24 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. Mr. Lockcuff stated, "This has been duly published in the paper and we did make the revision to the typo from the - First Reading." Commissioner Miller asked Mr. Lockcuff about the guidelines that were followed and stated, "I would like to get that information from the Consultant. Do you have copies of that." Mr. Lockcuff stated that he would get Commissioner Miller a "Copy of that". Discussion. "MOTION TO APPROVE ORDINANCE 2004-24." "MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 8 OF 29 PUBLIC HEARINGS 401. Office Of The City Attorney Presents To The City Commission For The Second And Final Reading Ordinance Number 2004-25 Amending Chapter 2, Article IV, Entitled "Elections", Of The City Of Winter Springs Code Of Ordinances. Attorney Garganese read Ordinance 2004-25 by "Title" only and pointed out that, "At the very end of Section 2-88. - 'In the event someone is exempt from the Election Assessment which is a State of Florida imposed assessment, with certain criteria that needs to be met; then that Candidate will also be exempt from the City's Qualifying Fee. 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. Discussion ensued. Regarding the "Saturday and Sunday" language, Commissioner Blake asked, "Are we talking business days - sixty-seven (67) to seventy-one (71) business days?" Attorney Garganese replied, "No, it is just Calendar days." Commissioner Blake then inquired, "But if the date is a Saturday or a Sunday, then what happens - longer or shorter..." Attorney Garganese stated, "...It is going to be shorter, it is excluding Saturdays and Sundays." For further clarification, Attorney Garganese explained, "It excludes Saturday and Sunday, so if the - last Qualifying Day falls on a Saturday, then the day that all the Qualifying Papers need to be in, will be no later than - that Friday before the Saturday." Commissioner Blake then asked, "And if it is Sunday?" Attorney Garganese responded, "Still on Friday - we're excluding in the count, Saturdays and Sundays." Further discussion ensued on the language in the Ordinance, and Attorney Garganese stated, "If you want to add some clarifying language, I would be happy to do that." Commissioner Gilmore pointed out, "If you read this thing as it is written, somebody could come up conceivably saying, 'Well they are excluding Saturdays and Sundays in that seventy-one (71) days - all Saturdays and Sundays." Attorney Garganese explained, "We're not excluding it from the count, we're excluding it from the day that you can actually submit." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS ITEM UNTIL SOMETIME BETWEEN 8:00 [P.M.] AND 11:00 P.M. THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 9 OF 29 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department - Land Development Division Presents To The Commission The Recommendation Of The Districting Commission As It Relates To The Redistricting Of The City And To Request Approval Of The Second Reading Of Ordinance Number 2004-27 Which Will Establish District Boundaries Reflecting The January 31,2004 Population. Attorney Garganese read Ordinance 2004-27 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 MAKE A MOTION THEN THAT WE APPROVE ITEM '402'," [ORDINANCE 2004-27]. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division And Planning And Zoning Board Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2004-28, Establishing A New Zoning District Entitled "C-3 Highway 17- 92 Commercial" And Revising The "C-1 Neighborhood Commercial"; "C-2 General Commercial", And "1-1 Light Industrial" Zoning Districts. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 10 OF 29 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2004-28 by "Title" only and stated, "It will be scheduled for two (2) additional Public Hearings. Actually, those will be advertised Public Hearings because of the list of permitted Conditional and Prohibited Uses in Zoning categories will be changed and the State Law requires that you have two (2) advertised Public Hearings." 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 Planner, Community Development Department, presented this Agenda Item. Much discussion. Tape I/Side B Discussion continued. Commissioner Miller asked Ms. Sahlstrom about the 750 feet and suggested that it "Would go beyond the current border that we showed, and added, "I would like you to check." Ms. Sahlstrom responded, "I will check." "MOTION TO APPROVE ITEM '403' - MOVE TO A SECOND READING." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 11 OF 29 PUBLIC HEARINGS 404. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Aesthetic Review Of The Aggarwal Pension Fund Addition To Venetian Square (Informally Known As The "Piggly Wiggly" Shopping Center Or Village Market Place Shopping Center). Ms. Sahlstrom introduced this Agenda Item. Mr. John Herbert, American Civil Engineering Company, 207 North Moss Road, Winter Springs, Florida: as the Representative for this project, Mr. Herbert commented that "What we are proposing to do is build a 32,000 square foot building close out to [State Road] 434 with the basic architectural features you are seeing; and try to prepare a Development that is not the Town Center but would sort of compliment the Town Center in its architecture and color schemes." Discussion ensued regarding the project. Mr. Herbert then pointed out that "When this is completed, there will be 256 parking spaces located in this area which will provide one (1) space per 300 square feet, which is a retail category for parking. There should not be any parking problems." In addressing Commissioner Blake's questions, Mr. Herbert stated, "There won't be any blank back walls; even the back has a little bit of feature to it, but the front was heavily featured." Commissioner Blake then inquired, "And where it is darker?" Mr. Herbert responded by saying, "That is new asphalt." Next, Commissioner Blake asked Mr. Herbert, "Are these islands?" Mr. Herbert said, "Those will be curbed and raised landscaped islands to break up the asphalt." 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. Commissioner Blake asked of Ms. Sahlstrom, "The Application complies with everything in our Ordinance the way it was intended?" Ms. Sahlstrom replied, "Yes." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM '404'." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 12 OF 29 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Community Development Department Requests The City Commission Remove From The Table And Hear A Request For A Variance By Virginia Stern From Section 20-103. Of The City Code Of Ordinances, To Encroach As Much As 10 Feet Into The 20 Foot Rear Building Setback. The Variance Is Contingent Upon Vacation Of A Portion Of A Private Drainage Easement Along The Rear Of The Property (Separate Action, Not By The City Commission). "MOTION TO REMOVE ITEM FROM THE TABLE." STATED, "MOTION BY COMMISSIONER BLAKE. COMMISSIONER GILMORE." DISCUSSION. MAYOR BUSH SECONDED BY VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese began the discussion of this Agenda Item. Much discussion ensued regarding the Variance Request. Attorney Garganese stated, "It is my opinion that it would be perfectly within the Commission's right to approve this Request, with a couple of conditions. Condition one would be that the Homeowner's Association Architectural Review Committee approve the Variance Request that the Applicant is asking for, given the language that is currently in their Declarations and Covenants. Number two, the Easement that is in question belongs to the Homeowner's Association, therefore the Homeowner's Association would have to vacate that portion of the Easement that the Applicant needs in order to do this construction. With the one caveat, this Easement was obviously approved during Site Plan Review Process by the City, so the City would need to ensure that their would be no adverse consequence to abandoning or vacating that portion of the Stormwater Easement, I believe. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 13 OF 29 And third, the Applicant would have to comply with all local and Florida Building Code requirements and Land Development requirements that are applicable to the renovation project or expansion project. At issue, one particular requirement that was mentioned at the last Meeting is just an example of the type of technical building requirement they would have to come into compliance with and that is the 'Angle of Repose' requirement for digging ditches and pouring foundations." Commissioner Blake asked of Attorney Garganese, "Is this a Variance?" Attorney Garganese replied, "Technically, it is not a Variance as specifically set forth in the City Code." Discussion. Attorney Garg~ese further stated, "This is not a Variance, in my opinion under that provision of the Code that you are referring to." "I MAKE A MOTION THAT WE ALLOW THE HOMEOWNERS TO PROCEED BASED ON ANY RIGHTS AND RESPONSIBILITIES GIVEN TO THEM BY THEIR DEED RESTRICTIONS AND COVENANTS WHERE THEY LIVE PROVIDED THEY RECEIVE ALL THE APPROPRIATE APPROVALS AND MEET ALL THE OTHER REQUIREMENTS FOR THEIR ADDITION THAT THE ATTORNEY HAS ENUMERATED EARLIER THIS EVENING AND IN ADDITION THAT THIS WAS NOT IN FACT A VARIANCE THAT THE HOMEOWNER BE REFUNDED BACK THEIR APPLICATION FEE FOR A VARIANCE OF FIVE HUNDRED DOLLARS ($500.00)." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. REGARDING THE PROCESS UNDERGONE BY THE APPLICANT, COMMISSIONER BLAKE STATED, "FOR THE LAST THREE (3) OR FOUR (4) YEARS, I HAVE BEEN UP HERE ASKING FOR A RE- WRITE OF THIS SECTION OF THE ORDINANCE WHICH WOULD HAVE ADDRESSED THIS PROBLEM - TO THIS DATE, WE STILL HAVE NOT DONE THAT." MAYOR BUSH THEN STATED, "THE MOTION IS TO ALLOW THIS TO MOVE FORWARD AND TO REFUND THE FIVE HUNDRED DOLLARS ($500.00)." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 14 OF 29 REGULAR 501. Community Development Department Requests The City Commission Hear A Request For A Variance By Phillip And Janice Tucker From Section 6-85. Of The City Code Of Ordinances, To Encroach 1.5 Feet Into The 7 Foot Rear Screen Enclosure Setback And From Section 6-219. To Allow The Pool To Remain Encroaching As Much As 2 Feet Into The 10 Foot Rear Pool Setback. Mr. Baker presented this Agenda Item. Discussion. Mr. Phillip Tucker, 105 Inwood Court, Winter Springs. Florida: commented on this issue and the survey. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association, Mr. McCoy commented that, "The Architectural Review Committee only reviews to see that the pool and enclosure are built to the standards of the community. The Homeowner's Association makes no warranty as to the placement of that within the setbacks of the City; only that it is a concrete pool and if it is enclosed. That approval was given by the Architectural Review Committee." Mr. McCoy added, "We rely on the City to enforce its setback requirements." Tape 2/Side A Discussion. Manager McLemore requested, "I do think though and I want to search this out further and come back to you with a possible requirement for these Foundation Surveys." Mr. Tucker explained, "It is a screen enclosure - it will be ten foot screen wall with a dome ceiling, but it will still be five and one-half foot (5W) off the property line." Commissioner Blake said, "The screen?" Mr. Tucker agreed and said, "The screen will be - yes." Further discussion. "I MOVE THAT WE APPROVE ITEM '501' FOR THE VARIANCE FOR JANICE AND PHILLIP TUCKER." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MANAGER McLEMORE STATED, "I WOULD JUST LIKE TO PUT IN THE RECORD THAT THE FINDINGS IS BASED ON THE - FLAWED SURVEY." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 15 OF 29 COMMISSIONER MILLER NOTED, "THIS IS NOT A PART OF THE MOTION, BUT I WOULD LIKE TO GET EVERYONE'S CONSENSUS HERE THAT WE HAVE THE CITY MANAGER LOOK INTO BRINGING BACK THIS ISSUE ABOUT A - FOUNDATION SURVEY SO THAT WE COULD ADD THAT TO OUR LEGISLATION TO AVOID THIS IN THE FUTURE." DISCUSSION ENSUED REGARDING THE SIX (6) CRITERIA RELATED TO VARIANCES. Mr. Daniel Lampert, 101 Brookshire Court, Winter Springs. Florida: as a Resident adjacent to the Applicant's property, Mr. Lampert commented on his concerns with his property values being adversely affected. Mr. Scott Whiteway, Antigua Pools, 98 West Broadway Street, Oviedo, Florida: as the Owner of Antigua Pools, Mr. Whiteway stated, "I did feel responsible for this - it was an oversight. " Ms. Julie Testerman, 245 East Tradewinds Road, Winter Springs, Florida: as the Broker for Regal Realty Group, Inc., Ms. Testerman commented on Appraisal values. COMMISSIONER McGINNIS STATED FOR THE RECORD THAT THE BOARD OF ADJUSTMENT DID RECOMMEND APPROVAL. Commissioner Blake stated, "Point Of Order " and remarked about current comments. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs: as the Chairman of the City's Board of Adjustment, Mr. Waters commented that he was not at the Board of Adjustment Meeting when this issue was discussed. WITH DISCUSSION, IT WAS DETERMINED FROM THE MINUTES OF THE BOARD OF ADJUSTMENT MEETING THAT THE BOARD OF ADJUSTMENT DID APPROVE THE VARIANCE. MANAGER McLEMORE STATED, "IF THE GENTLEMAN WHO FEELS LIKE HE'S DAMAGED, WHETHER HE WOULD SELL THIS GENTLEMAN TWO FEET (2') OF HIS PROPERTY, YOU COULD SOLVE THIS PROBLEM." "I MAKE A MOTION TO TABLE ITEM '501'." MOTION BY COMMISSIONER BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 16 OF 29 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush called a Recess at 8:38 p.m. Mayor Bush reconvened the Meeting at 8:53 p.m. "I WOULD LIKE TO MAKE A MOTION TO REMOVE ITEM - '501' FROM THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSION MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED Manager McLemore pointed out, "The Variance is approved." REGULAR 502. Community Development Department Presents To The City Commission, The Final Engineering/Site Plan And A Proposed Development Agreement For The Village Market Place Expansion. Mr. Baker presented this Agenda Item, and remarked that "We recommend approval. The Planning and Zoning Board [/Local Planning Agency] has recommended approval." Tape 2/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 17 OF 29 With discussion, Commissioner Miller spoke for the record that that he would like to see large trees planted for this project. Mr. Michael Mingea, Arborist/Environmental Inspector, Community Development Department spoke on the growth of trees. With discussion, Commissioner Miller then stated, "This permeable concrete that I have seen, which is being used elsewhere in the State, when it is put around a tree that is put in the middle of an island which is six feet (6') wide, and then you put - this permeable concrete maybe with about four (4) or five (5) parking spaces either side of the island, whatever rain, water falls on that surface, immediately goes down through the concrete - you can put a garden hose down on it - it will slow down with time and if you have got engine oil on it or if you get certain amount of dust and dirt - it will continue to go through it for its life, thereby allowing th~ tree to put out roots that are not constrained by the island." Commissioner Miller added, "I would like to see serious thought given to that, because I would like see large trees in there that will grow." Commissioner McGinnis inquired, "Is there a proposal to install irrigation in the parking lot? There is. Okay." Discussion ensued on the Developer's Agreement. Mr. Kuldeep Aggarwal, Aggarwal Pension Trust Fund, 1055 Edmiston Place, Longwood, Florida: commented to Attorney Garganese that his Attorney had returned the Developer's Agreement with proposed changes to reduce the Impact Fees. Attorney Garganese spoke for the record on creative ways to take care of the issues of concern. Mr. Aggarwal noted that they would "Work with the City regarding the signage - and I agree with the Commissioner's here that that sign is very ugly. We in fact - are trying to redo the sign by - putting in planters. We would completely remove that sign." With discussion on the Impact Fees, Manager McLemore said to Mr. Aggarwal, "You have to amend that Plans and show it as 'Retail.' We can't have it on a plan showing 'Restaurant' and then have an Impact Fee for 'Retail'. So you have got to amend those plans. Now that assumes that if a Tenant comes in in the future, then you submit a Tenant Improvement Plan for that Tenant and then he pays the differential at that point in time. " Brief discussion ensued on a possible second sign. Manager McLemore stated, "I think we can it back to you at the next Meeting." Commissioner Blake added, "Time is of the essence." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 18 OF 29 Mayor Bush remarked that "Hopefully, it will be on the next Meeting's Agenda then." Manager McLemore added, "We'll see what we can do." .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED AGAIN, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 401. Office Of The City Attorney Presents To The City Commission For The Second And Final Reading Ordinance Number 2004-25 Amending Chapter 2, Article IV, Entitled "Elections", Of The City Of Winter Springs Code Of Ordinances. Attorney Garganese read Ordinance 2004-25 by 'Title' and stated that on page 2 of the Ordinance - "Let me just read the two (2) sentences - which I think will clear up the issue; beginning - the first paragraph, almost to the end, 'Such application shall be filed and the qualifying fee paid during regular business hours, anytime after 12 Noon on the first filing date which shall be seventy-one (71) - insert the word 'Calendar' days prior to the Municipal Election, but not later than 12 Noon on the sixty-seventh (6ih) 'Calendar day' - inserting the word 'Calendar' again, prior to the Municipal Election." Attorney Garganese added, "Strikeout "Excluding Saturday and Sunday" and add the following sentence, 'In the event the first or last filing date falls on a Saturday, Sunday, or Legal Holiday, then the subject filing date shall be rescheduled to the next 'Regular business day'." 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 WOULD LIKE TO MAKE A MOTION THAT WE ADOPT - ORDINANCE 2004-25." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 190F29 REGULAR AGENDA REGULAR 503. Community Development Department Requests The City Commission Approve Of The Final Subdivision/Engineering Plans For The Proposed Barclay Woods Townhouse Subdivision And Its Associated Development Agreement And Deed Restrictions, Subject To Conditions. Mr. Baker presented this Agenda Item; then stated that, "Staff recommends approval arid - the plans you have there now meet the approval of the P&Z [Planning and Zoning Board/Local Planning Agency] Board, although they have not actually looked at these individual Plans." "I MAKE A MOTION THAT WE APPROVE THE FINAL SUBDIVISION ENGINEERING PLANS - AND THE ASSOCIATED DEVELOPMENT AGREEMENT AND PLANS." MAYOR BUSH STATED, "MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. Tape 3/Side A VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 504. Community Development Department - Arbor Recommends The City Commission Consider The Request Of Winter Springs Golf Course To Remove 1 (One) Specimen Sweet Gum Tree, Approximately 28 (Twenty- Eight) Inches In Diameter. Mr. Mingea presented this Agenda Item. Discussion ensued regarding the requirement for removal of "Specimen Trees". Commissioner McGinnis said to Mr. Mingea, "They have agreed to replace the tree inch- per-inch. Is that correct? Mr. Mingea confirmed this by saying, "Yes." Regarding the replacement of the tree, Mr. Mingea pointed out, "They won't be twenty-four inches (24") of one (1) size." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 20 OF 29 "I MOVE WE APPROVE ITEM '504'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: NAY MAYOR BUSH: AYE MOTION CARRIED. REGULAR 505. Office Of The City Clerk Requesting The City Commission Approve Dates And Submitted Information For This Year's Advisory Board And Committee Appreciation Dinner Which As In Previous Year's Will Honor The Individuals Who Serve Our Community As Members Of The City's Advisory Boards And Committees. Mayor Bush stated, "[City Clerk] Andrea [Lorenzo-Luaces] has spoken - to everybody and this is trying just to finalize it." Brief discussion ensued regarding the suggested date of Saturday evening, August 14, 2004, and what should be approved by the City Commission. Commissioner Gilmore pointed out that approval was need for "The whole thing - approve the date and submitted information. " "I WILL MAKE A MOTION TO APPROVE ITEM '505' - 14TH OF AUGUST." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. REGARDING THE APPROVAL OF THIS AGENDA ITEM, COMMISSIONER McGINNIS ADDED, "SHE [CITY CLERK LORENZO-LUACES] HAS GIVEN SOME OPTIONS HERE ON WHETHER YOU WANT TO HAVE MUSIC OR ..." COMMISSIONER BLAKE SAID, "THAT IS HER [CITY CLERK LORENZO- LUACES] JOB TO TAKE CARE OF IT - SHE IS MEETING PLANNING EXTRAORDINAIRE." MAYOR BUSH ADDED THAT LAST YEAR "WAS A VERY NICE PROGRAM." COMMISSIONER McGINNIS ADDED, "I THINK SHE DOES A WONDERFUL JOB - I THINK WE SHOULD STAY OUT OF IT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 21 OF 29 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 506. Office Of The City Clerk Requests That Commissioner David W. McLeod Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. Mayor Bush stated, "He has - hand delivered a Letter to the Clerk [Andrea Lorenzo- Luaces] who has given it to me. He says, this is from Commissioner McLeod: 'I am requesting that you or your designee please provide this to the Mayor to be read into the record on Monday evening, June 14, 2004 under Regular Agenda Item "506" which relates to my Appointment to the Oak Forest Wall and Beautification District Advisory Committee. In accordance with a vacancy under Seat Five on the Oak Forest Wall and Beautification District Advisory Committee, I am very pleased to appoint Oak Forest resident - Mr. Dick Taylor of 1007 Taproot Drive, Winter Springs to this position. MOTION TO APPOINT DICK TAYLOR. MOTION. COMMISSIONER MILLER. DISCUSSION. SECONDED BY VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 507. Finance Department Requesting Authorization To Treat Arbor Permit Fees And Arbor License Fees As Revenue Streams For The Arbor Fund Rather Than For The General Fund, Which Is The Current Practice. Treatment To Be Prospective And Retroactive To 10/01/03. Manager McLemore presented this Agenda Item. Discussion ensued regarding the specific fund requirements and limitations. Ms. Michelle Greco, Finance Department Director, explained the different revenue limitations specific to the Arbor Fund for this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 22 OF 29 Attorney Garganese stated, "The Arbor Code requires a 'Tree Bank Fund' and that 'Tree Bank Fund' is funded by monies that are paid to the City as 'Tree Replacement Fees' in lieu of replacement. That Fee is established by Ordinance." In addition, Attorney Garganese stated, "Shall be used for enhancement and maintenance of trees on public lands." Manager McLemore commented, "All funds going in there would be encumbered by that Fund." Attorney Garganese commented, "That is fine." Then, Attorney Garganese stated, "What you need to say, is that these monies from Permit Fees, Arbor Permit Fees, and Arbor License Fees will be deposited into - "Tree Bank Fund" and be paid in accordance with the criteria and Ordinance 2003-22." Manager McLemore stated, "And will amend that Arbor Fund language so it is consistent with the Ordinance." Attorney Garganese added, "Otherwise known as Chapter 5 of the City Code." Next, Attorney Garganese added, "I think you can do this one by Motion, because you are not changing the requirements of the City Code on - Replacement Fees." "MOTION TO ACCEPT THE ATTORNEY'S RECOMMENDATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 508. Office Of The City Clerk Requests That The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past; And As Deputy Mayor Edward Martinez, Jr. Recently Resigned From Serving On The City Commission. "I AM GOING TO NOMINATE COMMISSIONER MILLER." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. COMMISSIONER MILLER SPOKE FOR THE RECORD ON THE ISSUE OF PREVIOUSLY FILLING IN FOR THE MAYOR, WHEN REQUESTED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 23 OF 29 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush pointed out, "I will not be here for the first Meeting in July." Furthermore, Mayor Bush added, "I will sit in - with a teleconference at that first Meeting." Commissioner Miller noted for the record about the earliest time that a City Commission Meeting ended. REGULAR 509. Office Of The City Clerk Requests That Commissioner Donald A. Gilmore Make An Appointment To The Tuscawilla Lighting And Beautification District Advisory Committee. As stated earlier in the Meeting, this Agenda Item was pulled. REGULAR 510. Office Of The City Manager Requests That The City Commission Reschedule The AnimaVPets Workshop That Was Scheduled For Tuesday, June 15, 2004, Due To Some Personal Conflicts. Commissioner McGinnis stated, "I am suggesting that we do not need a Workshop - I would like to see this come back to us as an Ordinance." Commissioner Miller stated, "Good." Mayor Bush asked the City Commission, "Everybody okay with that?" Commissioner Miller added, "I am alright with that." Attorney Garganese stated, "I just want to make sure it is the direction of the Commission to proceed with drafting a nuisance-based type Ordinance?" Mayor Bush stated, "Yes, that was the consensus - the sooner the better." REGULAR 511. Office Of The City Manager Requesting The City Commission To Provide Alternative Dates For A Joint Meeting With The Seminole County Board Of County Commissioners To Discuss City Issues With ADA Para-Transit Services. With discussion, Commissioner Blake stated, "It probably is not a bad idea to. sit down with our County Commissioners - we may start on this issue, there may be some other ones. We do have to work together." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 24 OF 29 Commissioner Blake added, "I do not think it is a bad idea to get together." Mayor Bush then inquired, "Would you want to limit it to just this item though?" Commissioner Blake responded, "Absolutely not." Mayor Bush added, "There are some other issues of course that we would like to talk to the Seminole County Commission about, especially the Trail issue. So, in light of Commissioner Blake's recommendation, do you want the Manager to proceed with scheduling this meeting?" Commissioner Miller stated, "It is the better place of valor - to meet with them. But, I would like to see us restrict the items of discussion." Commissioner Miller added, "I would like to restrict it to the ADA and the Trail - and the Library. Commissioner Blake also stated, "ADA, the Trail and the Library." Commissioner McGinnis also said, "The Library." Furthermore, Commissioner Blake said, "And the Gas Tax - the ADA, the Trail, the Library and the Gas Tax - Cell Towers." Commissioner McGinnis and Commissioner Miller suggested, "Three" issues. With further discussion, Mayor Bush stated, "Do you just want to limit it to the ADA then?" Commissioner Blake stated, "That's it." Commissioner McGinnis agreed and said, "Yes." No other objections to this were noted. Mayor Bush said to Manager McLemore, "ADA only Ron [McLemore], and in August or later, because you know we have got the [Florida] League of Cities in August as well." ADD-ON REGULAR 512. Police Department - Code Enforcement Bureau Requests The Commission To Review Information Regarding The Related Enforcement Of Damage Being Caused By Skate Boards, Roller Skates, Roller Blades, In Commercial Zoning Areas. Captain Glenn Tolleson, Police Department presented this Agenda Item. With discussion, Commissioner McGinnis added, "I think Roller Blades should be a part of that. And I think this should be in every commercial area." "MOTION TO SEND IT TO THE ATTORNEY FOR DRAFTING - AND FORMULATION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 2004 PAGE 25 OF 29 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated, "The 5th District Court of Appeal affirmed the Lower Court's decision and the City has prevailed - on Mr. Binford's Action." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Discussion ensued regarding the July 4th, 2004 newsletter and acknowledging the sponsors of the upcoming event. Commissioner Blake suggested, "You should also acknowledge the tax payers of the City of Winter Springs who also are donating." Discussion. "I WOULD LIKE TO MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO USE ONE (1) PAGE OF THE CITY'S NEWSLETER TO ACKNOWLEDGE EACH AND EVERY DONOR WHO MAKES THE 4TH OF JULY CELEBRATION POSSIBLE IN THE YEAR 2004 ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner McGinnis suggested that Manager McLemore try to break up the text. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned he would be going out of town. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 26 OF 29 REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis asked about the City Commission Directives Master List. Manager McLemore said to Commissioner McGinnis, "Is it your request to be given those again?" Commissioner McGinnis stated, "I did learn a lot from looking at it; and I think it might be helpful for Commissioner Gilmore." Mayor Bush stated, "Why don't we ask Andrea [Lorenzo-Luaces] - ifit has not been updated, at least give you the latest." Mayor Bush added, "So we will ask Andrea [Lorenzo-Luaces] to furnish whatever is available there to Commissioner McGinnis and - Commissioner Gilmore." Commissioner McGinnis stated, "I would still like a Post Office for Winter Springs." Mayor Bush explained, "I contacted the Mayor of Deltona who is a retired Postal Director, because Deltona was able to do this, and he is going to get back with me tomorrow." Commissioner McGinnis mentioned some of the services affiliated with having a City Post Office, and noted, "In areas that have their own Post Office, frequently they deliver packages on Holidays; but the Postmaster or [Post] Mistress in Winter Springs, through Casselberry has chosen not to do that. But most Post Offices do that. But we would have some options." Mayor Bush then said, "When I talk with the Mayor from Deltona, I will ask him that question." Furthermore, Commissioner Blake said, "So what benefits does it provide?" Mayor Bush said, "I will try to get answers to that question." Commissioner McGinnis then mentioned again going by the local Appliance Store and asked Captain Tolleson for the status of this issue. Brief discussion. REPORTS 605. Commission Seat Five - David W. McLeod Absent. REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush stated he received a letter from Metroplan Orlando which said, "The City of Winter Springs has not been represented on Metroplan Orlando's Bicycle and Pedestrian Advisory Committee and they are recommending that we appoint a staff person." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 27 OF 29 Commissioner Blake noted, "During our Budget deliberations I believe, we were talking about how much extra time that Department [Community Development Department] is putting in already, and to task them now with another outside meeting - I could certainly see appointing another Commissioner to go to this." Mayor Bush pointed out that, "They meet the 4th Wednesday of each month in the downtown Orlando office, and their meetings last for two (2) to two and one half (212) hours." "I MAKE A MOTION TO APPOINT COMMISSIONER BLAKE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MANAGER McLEMORE SUGGESTED, "MAKE THE COMMUNITY DEVELOPMENT DIRECTOR THAT PERSON AND ELOISE [SAHLSTROM] CAN SERVE UNTIL THAT PERSON IS APPOINTED, WHICH WON'T BE LONG." VOTE: COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. "I MAKE A MOTION TO APPOINT THE MANAGER TO SERVE ON THIS COMMITTEE OR HIS DESIGNEE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Bush stated, "At the last CALNO [Council of Local Governments in Seminole County] meeting I attended, the Seminole County and the City of Sanford are involved in - the 'YouthBuild Implementation Grant' and CALNO [Council of Local Governments in Seminole County] asked that each City support this with a Letter of Support as well as a Resolution." Mayor Bush added, "I did a Resolution which I wanted you all to look at." Mayor Bush then explained, "I am asking for your approval of this Resolution or non-approval. " "MOTION TO APPROVE RESOLUTION 2004-21." MAYOR BUSH STATED, "MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 28 OF 29 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Lastly, Mayor Bush stated, "I wanted to thank Kip [Lockcuff] for following up on a couple of emails that I got from citizens who had brought up issues that he addressed very quickly. I appreciated that and he gave good answers too!" Tape 3/Side B Further brief discussion followed on the previous Resolution just approved. REPORTS 607. Commission Seat One - Robert S. Miller Commissioner Miller stated, "There was an item mentioned earlier under 'Public fuput' on power outages. As I recall, Florida Power owes us another visit." Commissioner Miller also commented that, "There are still problems in the City - I think if they [Florida Power] cannot address some of these issues, maybe we ought to have a discussion here one of these days on taking over Florida Power - like some of the other cities in Seminole County." With further discussion on the time remaining on the Franchise Agreement, Commissioner Miller said, "Maybe we should put it on the long term Agenda to take it over, when the Franchise expires." Commissioner Miller mentioned that he recently attended the Florida League of Cities Intergovernmental Affairs meeting and that as a result of discussions at that meeting; the [Florida] League [of Cities] now has agreed to put out a list which I am hoping we will get in the next week or two which will actually put down all of our Elected Officials from Central Florida by name and District and - how they voted on the Fireman and the Police Unfunded Mandates." REPORTS 608. Commission Seat Two - Michael S. Blake No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14,2004 PAGE 29 OF 29 ADJOURNMENT Mayor Bush adjourned the Meeting at 10:48 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC AND f)dL6h~dLz~ DEBBIE FRANKLIN DEPUTY CITY CLERK APPROVED: . ~ -, '.... ...... ~ # --i . f:J',' r " ..: ~ ' -::- ~I . - __,",,:<:;:~'.~. NOTE: These Minutes were approved at the June 28. 2004 Regular City Commission Meeting. ,FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS y~ o OTHER LOCAL AGENCY MY POSITION IS: 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, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his. or -l1er special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to 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 capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-In-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . ELECTED OFFICERS: In 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: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and fJ.W 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) CE FORM 88 . EFF. 1/2000 PAGE 1 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 of the form must be provided immediately to the other members of the agency, and the fonn must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ,~,h'~d ~;.:;: ~p "." , hereby disclose that on tJPd e / ~ ,20~ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or 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: /,. ..:z- ez6~""'',t~/ ;t"O,H ~"~',(7' ~A a... 1"t!$~P ,.~ ~~H H Y ~qdY" ..f,t>'" ~f!'rt//~ (J1A M ~-.-~w-!/~ #/ ,LI ' J. ~ ;if~~(P<Jr/ ~~ Li'~~~ ~ 081P/;Y ,"CP'~ , by ,which ~A~4~ Date Filed/ / ~Ud Signature _-, '" - "- . " 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 86. EFF. 1/2000 _ PAGE 2