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HomeMy WebLinkAbout_2004 04 26 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 26, 2004 CALL TO ORDER The Regular Meeting of Monday, April 26, 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 Deputy Mayor Edward Martinez, Jr., present Commissioner Robert S. Miller, absent Commissioner Michael S. Blake, arrived at 6:34 p.m. Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Mayor Bush led the Pledge of Allegiance after a moment of silence. City Manager Ronald W. McLemore stated, "The County [Of Seminole] has asked that the ADA [Paratransit Services] Agenda Item [Regular '505'] be pulled." PUBLIC INPUT Ms. Antoinette Jardin, 15 La Vista Circle, Winter Springs, Florida: spoke of her concern with breaks in the fence surrounding the vacant lot on the corner of the Cumberland Farms store, Hayes Road, and State Road 434. Ms. Jardin mentioned people cutting through this property and asked that the fence be repaired. Commissioner Michael S. Blake arrived at 6:34 p.m. With brief discussion, Deputy Mayor Edward Martinez, Jr. spoke on this issue and stated, "I would hope that you will do something to see to it that the people who own this property mend those fences and take care of business." Deputy Mayor Martinez added, "I do not think we should allow this to deteriorate any more." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2004 PAGE 2 OF 15 Mr. Byron Giltz, 1001 Troon Trace, Winter Springs, Florida: as a member of the Tuscawilla Homeowner's Association Board of Directors, Mr. Giltz spoke in favor of the Agenda Item dealing with purchasing laptop computers for the City's Police Department. Mr. Giltz also extended his thanks to Deputy Mayor Martinez for his outstanding service over the years. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: remarked about the recent "soft opening" of the City's Paw Park and noted that Channel 6 has mentioned their interest in covering the City's Paw Park Grand Opening. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. CONSENT AGENDA CONSENT 200. Fire Department Requesting Authorization To Purchase Chest Compression Devices From State Of Florida Matching Grant Funds By A Sole Source Vendor Revivant Corporation. There was no discussion on this Agenda Item. CONSENT 201. Fire Department Requesting Authorization To Purchase Five (5) Heart Monitor Defibrillators Through The State Of Florida SNAPS II Agreement #4653044 With Phillips Medical Systems. This Agenda Item was not discussed. CONSENT 202. Public Works Department Requesting Approval To Enter Into An Agreement For The Installation Of Lighting For The Village Walk Project Located On State Road 434 From Sheoah Boulevard To Moss Road. No discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26. 2004 PAGE 3 OF 15 CONSENT 203. Community Development Department - Planning Division Requests That The City Commission, Acknowledge Variations From The Code (Related To Building 1 And Building 2 Of The Town Center) Which Will Be Incorporated Into A Future Amendment To The Development Agreement. This Agenda Item was not discussed. CONSENT 204. Office Of Mayor John F. Bush Resolution Number 2004-14 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Sharon Tackaberry For Her Service On The Board of Adjustment. No discussion. CONSENT 205. Office Of Mayor John F. Bush Resolution Number 2004-16 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Lorie Taylor For Her Service On The Oak Forest Wall And Beautification District Advisory Committee. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Approval Of The April 12, 2004 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "I WOULD LIKE TO MAKE A MOTION TO APPROVE 'CONSENT' AGENDA." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26,2004 PAGE40F15 INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 301. Public Works Department - City Arborist Advising The City Commission On Current Progress Of George Street Landscaping Improvements. This Agenda Item was not discussed. INFORMATIONAL 302. Community Development Department Requests The City Commission Consider Information About The Amount Of Arbor Permits Issued By The City Before And Mter The New Arbor Ordinance Went Into Effect October 2003. There was no discussion on this Agenda Item. INFORMATIONAL 303. Fire Department Requests That The City Commission Review The Results Of The City Of Winter Springs Employee Blood Drive. No discussion. INFORMATIONAL 304. Parks And Recreation Department Wishes To Inform The City Commission That It Plans To Conduct A Summer Day Camp Program At Indian Trails Middle School. This Agenda Item was not discussed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26,2004 PAGE 5 OF 15 INFORMATIONAL 305. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. There was no discussion on this Agenda Item. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER BLAKE. MAYOR BUSH STATED, "MOTION BY COMMISSIONER MARTINEZ TO APPROVE THE 'INFORMATIONAL' AGENDA." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Presents To The City Commission, A Request For A Conditional Use To Allow A Major Automotive Service And Repair Shop In The C-2 (General Commercial) Zoning District, Pursuant To Section 20-254. Of The Zoning Chapter Of The City Code Of Ordinances. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. 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. Walter Dlutz, 708 Fox Valley Drive, Longwood, Florida: briefly addressed the City Commission. Discussion ensued on photographs of the site. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2004 PAGE 6 OF 15 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM '400'." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR AGENDA REGULAR 507. Office Of Commissioner David W. McLeod Requesting The City Commission To Consider Nominations And Final Approval Of An Interim Commissioner To Fill The Position That Will Be Vacated By Commissioner Edward Martinez, Jr. On May 28, 2004. COMMISSIONER DAVID W. McLEOD STATED, "THE PERSON THAT I WOULD LIKE TO MAKE A RECOMMENDATION FOR IS DON GILMORE. MAYOR BUSH INQUIRED OF COMMISSIONER McLEOD, "IS THAT A NOMINATION?" COMMISSIONER McLEOD STATED, "YES IT IS." MOTION BY COMMISSIONER McLEOD TO APPOINT DON GILMORE TO FILL THE POSITION THAT WILL BE VACATED BY COMMISSIONER EDWARD MARTINEZ, JR. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Discussion ensued on the process of this nomination. Commissioner Blake stated, "Point of Order" and spoke on the current discussion. Further discussion. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2004 PAGE 7 OF 15 Deputy Mayor Martinez stated, "Congratulations to Mr. [Don] Gilmore are in order." Mr. Don Gilmore, 803 Leopard Trail, Winter Springs, Florida: thanked the City Commission for their support and noted that he was looking forward to serving the citizens of Winter Springs. Deputy Mayor Martinez added, "I would like to mention the fact that the other candidate - Rosanne Karr was also a very worthy candidate, and - she also would have made a great City Commissioner." City Attorney Anthony A. Garganese stated "Point of Order" - and explained, "Commissioner Martinez obviously couldn't vote pursuant to the City Charter, so just for the record, that he had to abstain from voting, per the Charter and that he should fill out 'Form 8' which the [City] Clerk will give you. I would fill it out - just say, per City Charter that he wasn't allowed to vote - for the record. " REGULAR 500. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Mr. Ivan Carbia To Remove 1 Specimen Hickory Tree, Approximately 30 Inches In Diameter. Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department spoke on this Agenda Item and showed photographs related to this Agenda Item. Mr. Ivan Carbia, 1021 Winding Waters Circle, Winter Springs, Florida: addressed the City Commission on his request and stated, "I am willing to replace the tree." Furthermore, Mr. Carbia added, "I am willing to go get a big tree, but I am not going to get a sixty-five (65), seventy foot (70') tree put in my yard." "I WANT TO MAKE A MOTION THAT WE DENY THIS ITEM - THIS REQUEST." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Mr. Rich Dicavallucci, 1108 Shadowbrook Trail, Winter Springs, Florida: as a neighbor ofMr. Carbia, Mr. Dicavallucci spoke on safety concerns. Tape I/Side B MAYOR BUSH NOTED THAT "THE MOTION IS TO DENY THE REQUEST." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26. 2004 PAGE 8 OF 15 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 501. Not Used. REGULAR 502. Not Used. REGULAR 503. Police Department Requests That The Commission To Give Approval For The Purchase Of (64) Panasonic Tough Book Laptop Computers And The Associated Equipment To Be Installed In Police Department Vehicles. These Computers Are Necessary For Implementation Of Computer Aided Dispatch, Reporting And Records Management System That Will Enhance Both Citizen And Officer Safety In Our Community. Coordination, Information Sharing And Response Between Winter Springs, Seminole County, State Attorneys Office, Parole And Probation And Other Local Jurisdictions Will Also Be Greatly Enhanced. Chief of Police Daniel J. Kerr spoke on this Agenda Item and with the assistance of Captain Kevin Brunelle, Police Department, a demonstration was presented to the City Commission. Discussion. MOTION TO "TAKE THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FROM THE GENERAL FUND RESERVE TO PURCHASE AND PLACE INTO SERVICE THE LAPTOP COMPUTERS FOR THE POLICE VEHICLES." MOTION BY COMMISSIONER McLEOD. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MARTINEZ." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26,2004 PAGE 9 OF 15 Discussion ensued on when the installation of the Laptop Computers and associated training would be completed. Chief Kerr stated, "We're probably looking at ninety (90) days." Commissioner McLeod then said to Chief Kerr, "In ninety (90) days, give me a call. I want to spend an evening with you folks - in your cars." Mayor Bush added, "Congratulations Chief [Kerr] and all the officers on the article that was in the 'Insider', where we have the sixth lowest crime rate in the State of Florida." Mayor Bush added, "Thanks for your good work." REGULAR 504. Parks And Recreation Department Requesting That The City Commission Approve The Senior Center Rules And Regulations And Resolution Number 2004-15, Which Establishes Fees And Charges For Non-Senior Use At The Senior Center. Mr. Chuck Pula, Parks and Recreation Department Director presented his introductory comments. Discussion ensued on the use of alcohol. Deputy Mayor Martinez suggested, "I do not believe that the use of alcohol should be permitted within the building of the Senior Center." Deputy Mayor Martinez added, "The Senior Center should not be used for any kind of political activities, and that should be in there somewhere." Further discussion. Ms. Susie Coffman, Manager of the Senior Center also spoke on this issue. With discussion, Commissioner Blake stated, "We have gone all these years without any real Resolution and Policy in place and we are just trying to do this. I think we can trust the City Manager, and the Parks staff - Susie [Coffman] and Chuck [Pula] to effectively manage what is in the document as presented and if it presents a problem, I am certain they will come back to us and ask us to change it." "I MAKE A MOTION TO APPROVE THE RESOLUTION AS PRESENTED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. MAYOR BUSH ADDED, "MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD TO APPROVE THE RESOLUTION AND THE RULES AND REGULATIONS WHICH ARE COVERED." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2004 PAGE 10 OF 15 VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 50S. Community Development Department Requests Direction From The City Commission Regarding Seminole County's Request For Funding ADA Paratransit Services. Mayor Bush pointed out, "Item '505' has been pulled." REGULAR 506. Office of The City Clerk City Clerk Respectfully Requests That Commissioner David W. McLeod Make An Appointment To The Board Of Adjustment. "I WOULD LIKE TO MAKE THE APPOINTMENT OF HOWARD CASMAN TO THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER McLEOD. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER BLAKE." DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2004 PAGE 1 I OF 15 REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated that regarding the Budget - "Probably at the next Meeting we are going to have to set some dates with you and amend the original schedule." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Office Of The Mayor - John F. Bush Mayor Bush mentioned information from City Clerk [Andrea Lorenzo-Luaces] regarding the upcoming Florida League of Cities Annual Conference and that the City Clerk "Will want you to get that back to her as quickly as you can." Next, Mayor Bush mentioned a letter from the City of Oviedo's Councilwoman Regina Bereswill and the agreed upon joint meeting of Tuesday, May 25, 2004 at Seminole Community College, Oviedo Campus. Discussion ensued on a possible Moderator. Mayor Bush stated, "We won't object if there is or is not a Moderator." Commissioner McLeod stated, "I do. I don't think I need one." Commissioner McLeod added, "Mayor, my personal opinion would be - is I would like you to give a call - and say this time we really don't care to have one [Moderator] there." Mayor Bush then asked, "Do the other Commissioners agree to that?" Commissioner Sally McGinnis stated, "I do." Commissioner Blake, do you agree also?" Commissioner Blake responded, "I always agree." Mayor Bush then commented, "We will contact Councilwoman Bereswill and tell her we prefer that they not have a Moderator." Commissioner McGinnis added, "At that meeting, we may decide to have one for the second meeting." Mayor Bush added, "Make sure that Commissioner [Robert S.] Miller knows about that - I know you will Andrea [City Clerk Lorenzo-Luaces]." Additionally, Mayor Bush noted, "The sixth safest city in Florida - the Police Department received the - State crime report and the City of Winter Springs was rated the sixth safest city in the State of Florida." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26. 2004 PAGE 12 OF 15 Mayor Bush then mentioned that he recently just met with two (2) individuals from the Deer Song subdivision along with Captain [Glenn] Tolleson, Police Department who were concerned about their community. Mayor Bush stated, "I appreciated the Captain [Tolleson] taking the time and to meet with them - they want to start a Neighborhood Watch and hopefully can keep it going. I think we need to encourage them and help them as much as we possibly can." The Pet Ordinance and the planned Pet Workshop was then noted by Mayor Bush. Mayor Bush said to Manager McLemore, "In the Budget this coming year - are you working on this turn lane expense - when the Commission decides?" Manager McLemore stated, "We'll certainly add it in for discussion." Mayor Bush then inquired, "When will we get the report back from the Consultant - on the turn lane?" The response was "Next Meeting." Additionally, Mayor Bush mentioned that "Arbor Day" is this Saturday [May 1, 2004] - 10:00 a.m., at the Town Center. Mayor Bush noted that tomorrow, "Tuesday [April 27, 2004] at 5 o'clock, we are having an event at the Town Center where we will be showcasing a new - building. You are all invited. " Lastly, Mayor Bush mentioned that on Tuesday afternoon at 2 o'clock at the Oviedo Marketplace - "I will dish you up some ice cream and you can make a contribution to my favorite charity." REPORTS 604. Commission Seat One - Robert S. Miller Absent. REPORTS 60S. Commission Seat Two - Michael S. Blake Regarding a possible Events Coordinator for the Town Center, Commissioner Blake asked, "Has anything been done on that?" Manager McLemore stated, "No, there has been nothing done that I know of in terms of hiring someone under contract." Manager McLemore then stated, "It is something we certainly need to talk about." Furthermore, Manager McLemore stated, "I am really waiting to see the plan that their Marketing people comes out with." Commissioner Blake added, "I would like to see us move in that direction as quickly as possible." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2004 PAGE 13 OF 15 REPORTS 606. Commission Seat Three/Deputy Mayor - Edward Martinez, Jr. Deputy Mayor Martinez spoke briefly on projects and funding. Deputy Mayor Martinez then stated, "I would like to say to my replacement [Don Gilmore] who is sitting here in the audience, that I hope when he comes on board, he will support the Police Department as much as this Commissioner has over the years." Next, Deputy Mayor Martinez said to the Chief Kerr, "Tomorrow morning, I will be there to give you a farewell gift - a pint of blood for the City of Winter Springs." Deputy Mayor Martinez then said to Mr. Don Gilmore, "I know that you will make an outstanding Commissioner - and you will work for the City and the residents of Winter Springs. " REPORTS 607. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke of a letter from a tenant of the Town Center and her concern with a reference to "Short term leases." Manager McLemore stated, "I forwarded that letter on to Shane Doran and asked for specific answers." Commissioner McGinnis added for the record that "Short-term leases are not what we want." Secondly, Commissioner McGinnis asked about coolers not being permitted at the City's 4th of July event. Brief discussion. Thirdly, Commissioner McGinnis noted that, "I am now a graduate of Florida Leadership Class 9." REPORTS 608. Commission Seat Five - David W. McLeod Commissioner McLeod spoke of complaints he has received about Fisher Road, and mentioned a problem with a horse trailer. Mr. Kip Lockcuff, P.E., Public WorkslUtility Department Director gave a brief update. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26,2004 PAGE 14 OF 15 .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 603. Office Of The Mayor - John F. Bush Mayor Bush spoke of problems with signage for the Paw Park. Next, Mayor Bush mentioned the recent Breast Cancer 5K. Mayor Bush then said, "I just wanted to remind the Commissioners and Mr. [Donald] Gilmore you are now covered by the Sunshine Law." Additionally, Mayor Bush stated, "I would like to ask the Commission to consider bringing back for discussion the item that Commissioner McLeod brought about reducing the height of the standards out here - the posts" at the Town Center. Mayor Bush added, "I would like to see the Commission consider that again." Mayor Bush then spoke of appointing a new Deputy Mayor, in place of Deputy Mayor Martinez. Attorney Garganese suggested, "It could wait until Mr. [Donald] Gilmore gets seated - or you can do it tonight." Commissioner McLeod stated, "I think it probably should be the first night seating that Mr. Gilmore is seated, no matter who is here, or who isn't here." Mayor Bush stated, "That is fine." .:..:. AGENDA NOTE: ONE ADDITIONAL REPORT WAS GIVEN NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 601. Office Of The City Manager - Ronald W. McLemore Regarding the cooler policy, Manager McLemore stated, "If this is something you want to bring back for some further discussion, we can do that." Mayor Bush inquired, "Do any of the Commissioners wish to have it brought back?" Mayor Bush then said, "I don't see any." Tape 2/Side A Brief discussion ensued on signage. Further comments were made on the issue of coolers. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2004 PAGE ]5 OF 15 ADJOURNMENT Mayor Bush adjourned the Meeting at 8:03 p.m. RESPECTFULLY SUBMITTED: LORENZO-LUACES, CMC Y CLERK APPROVED: ~ ~---" -, , ~'- , '-:~'7:~ / '" - I'- F-- ~ , . . , " ..;....:..: ...... c; , + . '/: ;-; "-' , I NOTE: These Minutes were approved at the May 10,2004 Regular City Commission Meeting. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE MARTINEZ, JR. EDWARD CITY OF WINTER SPRINGS CITY COMMISSION MAILING ADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 60S MORGAN STREET WHICH I SERVE IS A UNIT OF: CITY COUNTY ~CITY o COUNTY o OTHER LOCAL AGENCY WINTER SPRINGS SEMINOLE NAME OF POLITICAL SUBDIVISION: CITY COMMISSION DATE ON WHICH VOTE OCCURRED MY POSITION IS: APRIL 26, 2004 1fI 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, 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 her 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 government 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 file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) 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 form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Edward Martinez, Jr. , hereby disclose that on April 26 2004 , - (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. (~ The measure before my agency an~ the nature of m\ conflicting int~rest in the measure is as follows: J,Le- ~ ~e..d') -.!)tJ-rt- ~ d~ ~ ~ 0 / A ~ 1P/1, ~ ~ ~ 6LJ / ~ ~~,JJ~13:_,~!))r/~ ~> CI~ ~ cA-' ~ , by , which Date Filed I/~~Y I . /A~-~( L() ~~:~# Signature '. /-o'~ 'i ~~. . . . ~;:;. ..... -ur;'''~ ~_-"..<'~~ ~.J- .......-......___.,.- ..... ,.;;r....,~ ~ "t"."... CE FORM 88 - EFF. 1/2000 PAGE 2