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HomeMy WebLinkAbout_2004 07 26 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 26, 2004 CALL TO ORDER The Regular Meeting of Monday, July 26, 2004 of the City Commission was called to order by Mayor John F. Bush at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, arrived at 6:35 p.m. Commissioner Michael S. Blake, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner David W. McLeod, arrived at 7:04 p.m. City Manager Ronald W. McLemore, absent Public WorksfUtilities Department Director, Kip Lockcuff, P.E., present City Attorney Anthony A. Garganese, arrived at 6:44 p.m. A moment of silence followed the Pledge of Allegiance. PUBLIC INPUT Ms. Diane Black, 861 Big Buck Circle, Winter Springs, Florida: spoke on the results of a recent fund raising event, the "Community 5K for a Cure". Deputy Mayor Robert S. Miller arrived at 6:35 p.m. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: commented on the Senior Center, and the "Meals On Wheels" organization. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: thanked the City Commission for their support of many of the Cheoy Lee Circle homeowners. Mr. Paul Riccard, 1931 Hewett Lane, Maitland, Florida: as the owner ofKW Signs and Graphics, Mr. Riccard offered to help with the sign approval process. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 2 OF 28 City Attorney Anthony A. Garganese arrived at 6:44 p.m. Mayor Bush said, "Paul [Riccard], I would recommend that you - talk to Kip [Lockcuff, Director, Public WorkslUtilities Department], if you want to talk to him tonight, or the City Manager when he returns about your offer for assistance." Mayor Bush handed the gavel to Deputy Mayor Miller. Mr. John F. Bush, 817 East State Road 434, Winter Springs, Florida: requested a waiver for a banner for a revival being held at the First Baptist Church. With discussion, Deputy Mayor Miller suggested, "If you will fill out the appropriate request, we will look at it expeditiously." Commissioner Michael S. Blake noted, "I think that one of the key areas that we need to look at - is the community orientation of a non-profit organization." Deputy Mayor Miller added, "Bring it back and we will give it the due consideration at that time." Commissioner Blake then said to Attorney Garganese, "Is there something in our current Ordinances that would allow for this type of an adjustment, or is it going to be a more lengthy procedure?" Discussion, Deputy Mayor Miller returned the gavel to Mayor Bush. Ms. Michelle Corn, 506 Wymore Road, Winter Park, Florida: representing BJM, Associates, Inc., asked for approval of the Oak Forest property, and for acknowledgement of the expenses they have paid for. Mr. Josh Adams, 235 Old Sanford Oviedo Road, Winter Springs. Florida: commented on a business he is affiliated with and whether its' Zoning would change. Discussion. Deputy Mayor Miller said to Mr. Adams, "I would encourage you - to speak with Eloise [Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department] on the long range turnover of the property to a similar type, to make sure that that is the case." Deputy Mayor Miller then said to Mr. Adams, "Follow up on it with her, just to make sure." Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: spoke in favor of the Lacey Variance Request. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 3 OF 28 Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: commented on a Memo sent to the City, and noted their willingness to work with Staff. AWARDS AND PRESENTATIONS None. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The July 12, 2004 Attorney-Client Session Minutes. No discussion. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CONSENT 201. Office Of The City Clerk Approval Of The July 12, 2004 City Commission Regular Meeting Minutes. There was no discussion on this. "MOTION TO APPROVE - LESS [CONSENT] '200'." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26. 2004 PAGE 4 OF 28 INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this. INFORMATIONAL 301. Not Used. No discussion. INFORMATIONAL 302. Parks And Recreation Department Inform The City Commission Of The Status Of The Central Winds Park Expansion. This Agenda Item was not discussed. INFORMATIONAL 303. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. There was no discussion on this. "I WILL MAKE A MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY DEPUTY MAYOR MILLER; SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 5 OF 28 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Requests The City Commission Approve The Proposed Parkstone PUD [Planned Urban Development] Master Plan Amendment. Brief discussion. Mr. John Baker, AICP, Senior Planner, Community Development Department presented opening remarks related to 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. Discussion. Commissioner David W. McLeod arrived at 7:04 p.m. Deputy Mayor Miller spoke of parking issues and stated, "It looks like we are dealing with - eleven (11) to twelve (12), thirteen foot (13') parking driveways right now, again." Deputy Mayor Miller also mentioned, "There doesn't seem to be very much else place to park on this plan, except in front of the driveways." "MOVE TO APPROVE ITEM '400'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 6 OF 28 PUBLIC HEARINGS 401. Community Development Department Presents To The City Commission A Request For A Conditional Use To Allow Multiple Family Dwellings In The C-l (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of Ordinances. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: speaking as the President of the Highlands Homeowner's Association, Ms. Schwarz noted that "It's under 'Considerations', it's the first paragraph which says, the site is included as part of a 'Highlands, Section 3, (Plat Book 17, Pages 48 and 49, 1972. '). The Highlands is going to investigate this statement. We're unsure as to what the City's standing on this - whether it is part of the Highlands, since it is going to be returned to a Residential Use versus a Commercial Use. We need to investigate whether this would be under the auspices of the Master Association of the Highlands." Ms. Schwarz added, "If it does come under the Highlands, all their plans need to be reviewed by our Architectural Review Board." Mayor Bush closed the "Public Input" portion of the Agenda Item. With discussion, Attorney Garganese stated, "I don't know if the PUD [Planned Unit Development] documents - all of them were recorded? Maybe - we can check the Titles..." Commissioner Blake stated, "...So we will need to find out whether or not this is or was, part of the PUD [Planned Unit Development] and ifit was properly removed, if ever, and if not, then make some sort of determination as to whether or not this use could be granted under that PUD [Planned Unit Development] document, or if this is the appropriate procedure to do so?" COMMISSIONER BLAKE STATED, "HE [DEPUTY MAYOR MILLER] IS GOING TO MAKE A MOTION TO TABLE UNTIL STAFF CAN COME BACK TO US WITH A DETERMINATION OF WHAT THE INCLUSION OR EXCLUSION INTO THE HIGHLANDS PUD [PLANNED UNIT DEVELOPMENT] WOULD MEAN FOR OUR ACTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 7 OF 28 COMMISSIONER BLAKE RESTATED HIS MOTION AS "MOTION TO TABLE, WITH ASKING STAFF TO BRING BACK TO US SOME INFORMATION ON - OR SOME DETERMINATION WHETHER OR NOT THIS PARCEL IS PART OF THE HIGHLANDS PUD [PLANNED UNIT DEVELOPMENT], EITHER NOW OR SOMETIME IN THE PAST, AND IF NOT CURRENTLY - WHAT WAS REMOVED AND WHAT IMPACT THAT MAY HAVE HAD ON ANY DECISION WE MAKE TO GRANT A CONDITIONAL USE PERMIT FOR RESIDENTIAL, MODERATE DENSITY RESIDENTIAL USE ON A 'C-l' PROPERTY." VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Bush asked, "Will this be at the next meeting Kip [Mr. Lockcuff], Anthony [Garganese], or do you think it is going to take more time than the next meeting?" Attorney Garganese added, "We will try to bring it back to the next Meeting." PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading For Ordinance 2004-32, Which Rezones Thirty-One (31) Parcels Generally Located Along SR [State Road] 419 And Old Sanford Oviedo Road From "C-2" To "1-1 ". Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 8 OF 28 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. "MOTION TO MOVE ORDINANCE 2004-32, A SECOND READING FOR ADOPTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Office Of The City Attorney And Office Of The City Manager Request That The City Commission Approve On Third And Final Reading Ordinance 2004-31 Which Shall Amend Chapter 6 Of The City Code, Relating To Minimum Setback Requirements For Principal Buildings Located On Property Zoned Planned Unit Developments. Attorney Garganese read Ordinance 2004-31 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 TO APPROVE - ITEM '403'" - ORDINANCE 2004- 31. MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. 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 - JULY 26, 2004 PAGE 9 OF 28 PUBLIC HEARINGS 404. Office Of The City Attorney Requests That The City Commission Approve For Adoption On Second And Final Reading Ordinance 2004-29 Which Shall Amend Chapter 13 Of The City Code, Creating A New Article III, Entitled Miscellaneous Nuisances, And Regulating Skateboarding And Other Related Activities As Public Nuisances. Attorney Garganese read the Ordinance by "Title" only. Tape I/Side B Attorney Garganese noted that he had, "Put in some sub-headings to hopefully clarify the meaning of this particular Ordinance. I think we have covered the concerns of the Commission at the first Hearing - just to reiterate, the whole list under @ beginning on page 2, continuing on page 3 - 'Unless otherwise prohibited by a posted sign or on improvements as set forth in subsection (b), skateboarding...' is expressly permitted in such places like 'Sidewalks'; City parks'; 'Cross Seminole Trail'; 'Skate parks and skating facilities'; and 'Crosswalks on roadways in accordance with...' Florida Statutes." 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 TO APPROVE ITEM '404'" - ORDINANCE 2004- 29. MOTION BY COMMISSIONER DEPUTY MAYOR MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 405. Office Of The City Attorney Requests That The City Commission Approve For Adoption On Second And Final Reading Ordinance 2004-30 Which Shall Amend Chapter 13 Of The City Code, Nuisances, And Declares Certain Domestic Animal Activities Public Nuisances. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26,2004 PAGE 10 OF 28 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Mark A. Randazza, Esquire, 781 Douglas Avenue, Altamonte Springs, Florida: spoke as Legal Counsel to Ms. Sandra Rawlins, and noted his concerns with this Ordinance. Discussion. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: commented for the record as to whether this Ordinance was needed; and questioned whether Reptiles should be included as a domesticated pet. Ms. Leah Wiseman, 113 Brookshire Court, Winter Springs, Florida: did not think this Ordinance was needed; and asked how notification would occur. Ms. Gloria Wade, 120 North Fairfax Avenue, Winter Springs, Florida: commented on domesticating feral cats and offered assistance if the City wanted to contact individuals who care for animals. Mr. Terry Patten, 845 Benchwood Court, Winter Springs, Florida: remarked about responsible pet care and vindictive neighbors. Mr. Jim Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: felt that this Ordinance was "overkill" and agreed with the problems that vindictive individuals could cause. Ms. Doug Lancaster, 1000 Gator Lane, Winter Springs, Florida: agreed that something should be done and also agreed that vindictive neighbors could cause trouble. Ms. Marilyn Pagliaro, 675 Wanetta Court, Winter Springs, Florida: also thought this Ordinance was "overkill"; that the City did not need to get into animal control; and agreed with the problems that vindictive neighbors could cause. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs. Florida: noted that problems could arise as a result of this Ordinance. Ms. Dorothy Hollander, 1404 Winding Stream Court, Winter Springs, Florida: remarked about helping animals and suggested that the Commission not restrict others who want to help. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26. 2004 PAGE II OF 28 Commissioner McLeod stated, "On number ill where it says, the 'Biting, attacking, molesting, chasing or disturbing', can we remove 'disturbing'?" Attorney Garganese stated, "Sure." Attorney Garganese then said, "We can take it out of ffi, too." Mayor Bush asked, "Is the rest of the Commission in agreement with Commissioner McLeod on this?" Commissioner Sally McGinnis said, "That is fine." Commissioner McLeod added, "I don't like 'disturbing' in Gleither." Commissioner McLeod added, "Regarding 'Chasing a vehicle' - is it something that should be reported three (3) or four (4) times and then something is done about it?" Furthermore, Commissioner McLeod said, "Is this something that maybe should be more than one time - shouldn't the complaint be filed, and there is something on "record, at least a certain number of times about a dog chasing a vehicle?" Discussion ensued with Captain Glenn Tolleson, Police Department. Attorney Garganese suggested, "If everyone is troubled by the word 'Disturbing' and limit ill to just chasing vehicles without provocation, which can cause a traffic hazard." Discussion. Commissioner Blake pointed out that "I am concerned about the objectivity of the Ordinance, how it is written - I am concerned about how we measure and enforce the Ordinance if it is put in place; but I am most concerned about the safety and well-being of the citizens who desire to be free in Winter Springs." "I WOULD LIKE TO MAKE A MOTION THAT WE TAKE UNDER ADVISEMENT THE COMMENTS THAT HAVE BEEN MADE BY THE PUBLIC, THE COMMISSIONERS COMMENTS JUST MADE BY COMMISSIONER BLAKE - WE WOULD HAVE TO GO TO A THIRD READING ON THIS AT THE NEXT COMMISSION MEETING..." MOTION BY DEPUTY MAYOR MILLER. ATTORNEY GARGANESE ADDED, "...THAT IS A POSSIBILITY - IF THE COMMISSION WANTS ME TO GO BACK AND LOOK AT THE LANGUAGE..." DEPUTY MAYOR MILLER CONTINUED, "...AND INCLUDE THESE COMMENTS - LANGUAGE AND COMMENTS THAT HAVE BEEN MADE HERE THIS EVENING..." MAYOR BUSH SAID, "...SO A MOTION TO POSTPONE..." DEPUTY MAYOR MILLER ADDED, "...TO A DATE CERTAIN - THE NEXT CITY COMMISSION MEETING ON AUGUST THE 9TH [2004], PRESERVING THE ADVERTISING FOR A THIRD READING." SECONDED BY COMMISIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 12 OF 28 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner Blake said, "I appreciate the public being here and commenting on the laws that mayor may not happen in their City and would encourage them to come back." Mayor Bush added, "Thank you very much for those who took the time to be here tonight." Deputy Mayor Miller departed the Meeting at 8:05 p.m. REGULAR AGENDA REGULAR 500. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Winter Springs Builder, Jorge Espinosa, To Remove 3 (Three) Specimen Trees, On A Building Lot. There was no discussion on this. Tape 2/Side A REGULAR 501. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Winter Springs Builder, Jorge Espinosa, To Remove 4 (Four) Specimen Trees, On A Building Lot. No discussion. Attorney Garganese said, "With respect to Items '500' and '501', we are recommending that we postpone these items until next Meeting." "I WOULD LIKE TO MAKE A MOTION - THAT WE POSTPONE THIS - '500' AND '501' UNTIL THE NEXT MEETING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 13 OF 28 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Bush noted, "Commissioner Miller indicated he had to leave the Meeting." REGULAR 502. Community Development Department Requests The City Commission Approve The Proposed Development Agreement, Preliminary And Final SubdivisionlEngineering Plans, And Restrictive Covenants For The Landings At Parkstone. Mr. Baker spoke on this Agenda Item. Attorney Garganese said, "I would recommend with respect to the Declarations and Covenants adding a Section 12.6. 'Conflicts with Laws', our standard paragraph that we put into - require Developers to put into their Declarations and Covenants so it is clear on conflicts." Next Attorney Garganese noted, "Section 6.11. and 6.13. talk about - the conveyance of streets; and my understanding is the streets are supposed to be private streets, and that there will be no conveyances." Mr. Javier E. Omana, Vice President of Land Planning Operations, CPH Engineers, Inc., 1117 East Robinson Street, Orlando, Florida: noted, "That is correct." Additionally, Attorney Garganese stated, "I think maybe both those sections need to be taken out of the Declarations." Mr. Omana added, "Yes." Attorney Garganese added, "Here is paragraph 12.6. that you need to add before recording." "I MOVE THAT WE APPROVE ITEM '502' WITH THE INCLUSION OF - ALL THE RECOMMENDATIONS MADE BY THE ATTORNEY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 14 OF 28 REGULAR 503. Community Development Department Requests The Commission Consider And Approve A Development Agreement Modification To Decrease The Minimum Lot Area Set Forth In Exhibit "c" Of The Wagner's Curve Development Agreement. Mr. Baker introduced this Agenda Item. Discussion. 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 MOVE THE APPROVAL OF THE MODIFICATION OF THE - BINDING DEVELOPMENT AGREEMENT BETWEEN CENTEX HOMES AND THE CITY OF WINTER SPRINGS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 504. Community Development Department Requests That The City Commission Consider Neon Window Signs And 2 (Two) Alternative Wall Signs Proposed For Both The East (Cliffrose Drive) And West (Parking Lot) Side Of The Famous Uncle AI's Hot Dogs Shop At Building Number 9, Within The JDC Calhoun Town Center Site. Opening comments were made by Mr. Baker. Mr. Paul Riccard, 1931 Hewett Lane, Maitland, Florida: as the owner ofKW Signs and Graphics, Mr. Riccard addressed the City Commission on this Request. Much discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 15 OF 28 Mr. Austin Squitiuri, 270 Maltese Avenue, #5, Fern Park, Florida: as Executive Salesperson for KW Signs and Graphics, Mr. Squitiuri spoke on this Request. Further discussion. Mr. Dave Hade/man, 2423 Leaning Pine Lane, Oviedo, Florida: as the owner of Famous Uncle AI's Hotdogs, Mr. Hadelman addressed the City Commission on this Request. Discussion. Tape 2/Side B Commissioner McLeod said, "Tell us what your total square footage needs to be by going to the nine inches (9") - I would like to Table this for the present." REGULAR 505. Community Development Department Recommends The City Commission Hear A Request For A Variance By Charles And Sandra Lacey From Section 20-103. Of The City Code Of Ordinances, To Encroach Three Feet (3') Into The Twenty Foot (20') Side Building Setback To Add On To The Side Of An Existing Single Family Residence. Mr. Baker introduced this Agenda Item. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: addressed his Variance Request. Discussion. Commissioner McLeod said to Attorney Garganese, "It seems to me the Commission in this type situation should be able to take a look at this - and make a decision without trying follow the six (6) criteria - if the homeowner and the Association and the Architectural Review Committee and everybody else is saying this thing is okay for their neighborhood, then why would we not give a Variance to do it? So my suggestion here Commission - we need to direct the Attorney to take a look at this as to a way, that when something of this nature comes in front of the Commission, they are able to act on it." Commissioner McLeod also said, "What is written in our books, that needs to be updated and taken a look at - and I would like the other Commissioners to direct the City Staff to do that also." Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26. 2004 PAGE 16 OF 28 Next, Commissioner McLeod said, "I still disagree with - Commissioner Blake and would like to see if the other Commissioners would like to have the City Attorney take a look at this thing and come back to us for special circumstances that allow us to make a Variance judgment, other than these six (6) criteria. That opens it up where the Commission can use good common sense to do what is right for the neighborhood." With discussion, Attorney Garganese suggested, "We could put something in the Code that allows the Commission to waive certain Code provisions under certain circumstances, but that requires a different set of rules for the Commission to apply." Commissioner McLeod responded, "I think that is something we should take a look at." Mayor Bush added, "I think the Commission needs that ability to do this." Furthermore, Mayor Bush said to Commissioner McGinnis, "Do you agree?" Commissioner McGinnis remarked, "Absolutely." Commissioner Gilmore noted, "I agree." With further discussion, Commissioner Blake responded, "No." Commissioner McGinnis then said, "I would definitely be interested in - if other cities have waivers, what do they look like?" Commissioner McLeod added, "Direct the City Attorney to try to get this back to us in the next sixty (60) days." "I MOVE THAT WE POSTPONE MR. LACY'S REQUEST, PENDNGFURTHER INFORMATION FROM THE ATTORNEY REGARDING WAIVERS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese stated, "What I am going to come back with is a draft Ordinance that establishes a waiver - a waiver procedure for you to consider. If the Commission adopts that Ordinance, then you would likely have to reapply for a waiver and the Variance application could either be held in abeyance until you consider the Waiver application, or if you grant a Waiver, then the Variance application would just go away." Mr. Baker mentioned that "We have a big sign as Mr. Lacey noted in front of his house - the question is since his neighbors don't object, can that sign come down, or do we need to put it back up whenever this comes back before you?" Mayor Bush said, "I would think it could come back for right now..." Mr. Lockcuff added, ".. .And put it back up later. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 170F28 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED AGAIN, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR REGULAR 504. Community Development Department Requests That The City Commission Consider Neon Window Signs And 2 (Two) Alternative Wall Signs Proposed For Both The East (Cliffrose Drive) And West (Parking Lot) Side Of The Famous Uncle AI's Hot Dogs Shop At Building Number 9, Within The JDC Calhoun Town Center Site. Mr. Paul Riccard, 1931 Hewett Lane, Maitland, Florida: as the owner ofKW Signs and Graphics, Mr. Riccard stated, "Thirty-five (35) square feet, that is not including the windows - the window neon signs." Discussion. "I WOULD MAKE A MOTION - THAT ON ITEM '504', THAT WE WILL GIVE THE - APPLICANT UP TO FIFTY (50) SQUARE FOOT FOR THE SIGNAGE ON EACH SIDE OF THE BUILDING AND THAT HE MUST TAKE THE PRESENT HAMBURGER AND HOT DOG SIGN AND PUT IT ON THE MAIN STREET ENTRANCE, IF HE DOESN'T PLAN TO PUT ONE ON THE BACK - AND TO BE IN INDIVIDUAL LETERS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 506. Office Of The City Clerk Requests That Commissioner Donald A. Gilmore Make An Appointment To The Tuscawilla Lighting And Beautification District Advisory Committee. COMMISSIONER GILMORE STATED, "I WOULD !LIKE TO RECOMMEND APPOINTING HELEN BAKER, 1182 WINGED FOOT CIRCLE EAST" - TO THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 18 OF 28 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 507. Office Of The City Clerk Requests That Commissioner Robert S. Miller Make An Appointment To The Board Of Adjustment. Mayor Bush said that Regular Agenda Item "501" - "Will have to be scheduled for a future Meeting since Commissioner Miller is not here." REGULAR 508. Community Development Department Requests The City Commission Consider Granting An Extension To The Date For Compliance, To October 1, 2004 For Dumpsters That Are Determined To Not Have Adequate Space For An Enclosure To Be Sited. "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. REGULAR 509. Office Of The City Manager Requesting The City Commission Consider Scheduling The Next Oviedo/Winter Springs Joint Work Session. Discussion ensued on this issue and holding a Joint Meeting on the ADA issue with the Seminole County Commission. With discussion on a Tuesday, August 17, 2004 date for a Joint Meeting with Seminole County, Commissioner Blake stated, "I think the 1 ih is fine...." Mayor Bush added, ".. .For the ADA Meeting?" Commissioner Blake responded, "Yes." In conclusion, it was agreed to hold a meeting on ADA with the Seminole County Commission on Tuesday, August 17, 2004 beginning at 6:30 p.m. - here at the City of Winter Springs' City Hall. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26. 2004 PAGE 190F28 Furthermore, with discussion on a date for the next Winter Springs and Oviedo Joint Session, Commissioner McGinnis suggested, "How about the 24th of August?" Mayor Bush said, "Tuesday, August 24th, everybody in agreement?" Commissioner McGinnis added, "Either that or Wednesday, give two (2) options." Mayor Bush stated, "The 24th or 25th [of August]?" Commissioner Blake stated, "I think those days are okay." Mayor Bush then said, "Either one of the two (2) dates - anybody else has got a problem with either one of those two (2) dates?" Mayor Bush then said to the City Clerk, "Andrea [Lorenzo-Luaces, City Clerk] - 24th or 25th [of August], you will let us know which one?" Mr. Lockcuff added, "I will write a letter back to Oviedo." Brief discussion. REGULAR 510. Community Development Department Requests That The Commission Approve The Oak Forest Unit 7 Re-Plat And Authorize Its Recordation. "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ADD-ON REGULAR 511. Community Development Department - Planning Division And Office Of The City Attorney Request The City Commission Approve The Study Area And The South Of SR [State Road] 434 At Tuskawilla Road Annexation Report ("Report") And Transmit The Report To The Board Of County Commissioners. Attorney Garganese introduced this Agenda Item. Tape 3/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 20 OF 28 With discussion on Enclaves, Mayor Bush stated, "So, your recommendation is in the 'Request' - to strike, 'Transmit the Report to the Board of County Commissioners'." Attorney Garganese added, "Until such time as we get a better handle on the registered Electors situation." Furthermore, Attorney Garganese noted, "I don't think it is worth the City having to conduct a Special Election for several Registered Electors that may be residing on this property when ultimately, they are going to be moving and relocating in the very, very near future. That doesn't make sense to me. When we put this together, we thought there were no Registered Electors - living on the property, and that is not the case, at this time." Referring to a map, Attorney Garganese explained, "Say this is correct and there are eleven (11) lots, the way the election process would work, is we would need to get a majority of the lot owners to agree to Annexation, in addition to having a majority of the lot owners comprising of greater than fifty percent (SO%) of the land mass in the study area - if you achieve that, then all of the property comes in." With discussion, Commissioner McLeod stated, "I must abstain, I own some of the property over there." Discussion. "A SUBSTITUTE MOTION WOULD BE - TO APPROVE THE REPORT IN ITS ENTIRETY; GIVING STAFF THE OPPORTUNITY TO FINE TUNE OR WORDSMITH IT AND TO TRANSMIT IT TO THE COUNTY AS SOON AS THE ATTORNEY DEEMS IT APPROPRIATE." SUBSTITUTE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: ABSTAINED MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated, "Last week, Kip [Lockcuff], Eloise [Sahlstrom], myself met with several members of the [Seminole] County staff to discuss a 1987 Interlocal Agreement that the City of Winter Springs and Seminole County entered into. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 21 OF 28 That 1987 Interlocal Agreement basically said there were areas of concern within the City of Winter Springs. Those areas of concern were Enclaves in the City of Winter Springs. " With discussion, Attorney Garganese explained that he suggested for consideration - "A two fold approach, other than the Voluntary Annexations and the other Annexations we can do on our own is to consider entering into an Interlocal Agreement and that Interlocal Agreement would be authorized under the Annexation statute and the County Commission and the City Commission of Winter Springs can agree that all Enclaves less than or equal to ten (10) acres are annexed into the City by Interlocal Agreement." Furthermore, Attorney Garganese added, "The other way to do it when you don't have a Voluntary Annexation is to have the Florida Legislature pass a Special Act of the Legislature where the Florida Legislature says those Enclaves are part of - in this case - the City of Winter Springs - for those Enclaves greater than ten (10) acres, perhaps the County Commission - will support the City of Winter Springs' efforts to have a Special Act approved by the Legislature in the next Legislative Session to eliminate those Enclaves greater than ten (10) acres." Attorney Garganese added, "Maybe you want to see a more detailed Agenda Item?" With discussion, Attorney Garganese stated, "We learned they have an Interlocal Agreement - I think with the City of Longwood; where we haven't seen the Agreement- the way they explained it to us is under the Agreement, Enclaves less than ten (10) acres become part of the City of Longwood when the property changes hands." Commissioner Blake then said, "I thought we had one of those Agreements?" Ms. Sahlstrom added, "In '97, where this Commission, I believe approved something that went to the County for consideration and the County did not support the effort and did not adopt it." Commissioner Blake stated, "I would like a copy of the '87 Agreement." Mayor Bush noted, "I think it would be good if the Commission knew where the Enclaves were, things like that - maybe make an Agenda Item whenever you all can put it together." Commissioner Blake added, "Just do an Informational Agenda Item for us next Agenda." Also discussed under Attorney Garganese's Seat was the "Proposed County Charter Amendment which the County Commission will be considering tomorrow morning at their 9:30 [A.M.] session. They will be considering whether or not to advertise a proposed Ordinance, for Final Reading." Attorney Garganese continued, "If it is approved by the County Commission, the question would go out to the voters for consideration and what this is all about is the County's Urban Rural Boundary Line." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 22 OF 28 Attorney Garganese showed the proposed boundaries to the City Commission on a Seminole County map and added, "Everything east of that line that I just drew is considered rural under the County's Comprehensive Plan." Furthermore, Attorney Garganese noted that "What the County Commission is considering is a Ballot question to go to all of the Voters in Seminole County and they would be faced with a question of whether or not they want to incorporate this whole Urban Rural Boundary concept into Seminole County's Charter - and this boundary would then be imposed by the Seminole County Charter. Under the draft Ordinance, only the County Commission could change the boundary." Attorney Garganese added, "All of the property located to the east of the Urban Rural Boundary would be subject to the County's Future Land Use Element of the Comprehensive Plan." Furthermore, Attorney Garganese explained, "The County Commission would have ultimate control over future development of all lands east of the Urban Rural Boundary, even if that property becomes part of a municipality." Next, Attorney Garganese pointed out that there are "Two (2) draft Ordinances that are being floated around - that the County will consider. One would grandfather all properties that are currently located in a municipality east of the Boundary; and the other one would not grandfather the properties that are currently east of the Boundary." Additionally, Attorney Garganese stated that "What really, I think concerns me as a Municipal Attorney, and I do this one hundred percent (100%) of my time, is the fact that they would actually put this in the County Charter. One of the Sections that they would be amending to incorporate - is the Home Rule provision for municipalities. Currently, the Charter of Seminole County states that if there is any Municipal Ordinance that conflicts with a County Ordinance, the Municipal Ordinance prevails. That is the Municipal Home Rule Powers concept. If this - Referendum passes, there will be one exception to that Home Rule concept and that exception would involve the Urban Rural Boundary that I just talked about. Hypothetically, if the County Commission did this for the Urban Rural Boundary - and - no municipality challenged it, or no municipality really objected to it, what would prevent the County from taking this approach regarding some development issue facing the County. This particular issue mostly affects Winter Springs. It does affect Oviedo, and also affects Sanford." Attorney Garganese noted that "We learned about this from the Orlando Sentinel - I didn't get a call, but I don't think the City Staff got a call from the County regarding this proposal. I talked to two (2) City Managers today. One did not receive a call from the County, that is Mr. Drago, over in Longwood; but Altamonte Springs' City Manager did get a call from Kevin Grace, regarding this matter - but it doesn't affect them." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 23 OF 28 With discussion, Attorney Garganese noted, "If a Municipality annexes east of the Urban Rural Boundary - the Municipality would have the ability to impose its own Land Use Development regulations on the property, its own Future Land Use designation and the County of course could challenge that decision made by the Municipality; and there is a process in the Florida Statutes where the County could challenge the process." Furthermore, Attorney Garganese explained, "With this proposed Amendment, they would no longer have to make that challenge - they would control the process. They would be the ones imposing the designation on the property located within a Municipality and they would have to consent to any change." Additionally, Attorney Garganese stated, "Under Municipal Home Rule Powers under the Florida Constitution, municipalities have the ability to adopt whatever laws they want to adopt and they apply unless, one - there is a Florida Statute that preempts that authority or two - that authority is preempted by County Charter. That appears to be - what they are trying to do here." With discussion, Attorney Garganese noted that he had spoken with one of the City of Oviedo's Assistant City Attorney's and they had noted that "They made a Public Records Request on the County to get a copy of all of their correspondence and documents regarding this matter, and they are looking into it." Mayor Bush remarked that "I think that the fact that the County did not bother to notify us is something that certainly should be brought to their attention." Commissioner McLeod said, "Anthony [Garganese] needs to find out legally, can they do it one - and are they violating something." Commissioner McLeod added that if there were violations, then he suggested filing a lawsuit, "Quickly, to stop the fact of even getting an opportunity to put it on a ballot this year - and I would do it immediately." Commissioner McLeod added, "What we really are saying is the County is going to control our growth in what we do." Mayor Bush asked the City Commission, "Does everybody agree with Commissioner McLeod's recommendation to Anthony [Garganese]?" Attorney Garganese stated, "I will certainly review the legalities. What about tomorrow's [County] Commission Meeting? Does the [City] Commission want to just go on record objecting at that Meeting?" Commissioner McLeod stated, "Absolutely object to it." Commissioner Blake responded, "I think we have to - to maintain standing." Commissioner McGinnis said, "I think he ought to go." Commissioner Blake said to Attorney Garganese, "Certainly convey the fact that we found it somewhat interesting that the only City in Seminole County that we were able to find that was notified about this was a City that wasn't affected, and the three (3) cities that were affected apparently were not notified, if in fact you find that to be the case." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 24 OF 28 Mayor Bush said to Attorney Garganese, "You could say you certainly registered the Commission's displeasure with having to find out about this in the newspaper, and as Commissioner Blake has said, that we feel it is a violation of Home Rule and we don't understand why they have taken this tactic without even talking to us." Regarding the recent Orlando Sentinel editorial, Commissioner McGinnis noted, "I thought the editorial was - very low level- it wasn't professional and I think the City has to respond to that. I have said it before, and I really think it is imperative that Ron [McLemore] needs to meet with the Editorial Board of the Orlando Sentinel." Commissioner McGinnis added, "It is imperative! AS.AP.! It is just too bad he [Manager McLemore] is away while all of this is happening. But, Kip [Lockcuff], you could even set that up so that next week, he/you could go." Discussion. Mayor Bush noted that "I think thought that after Anthony [Garganese] meets with the County, that the Commission needs to communicate with the citizens of Winter Springs. Because they all read the article in the [Orlando] Sentinel, and I think the Commission needs to come out publicly within our own City and tell them the other side of the story." Commissioner Blake added, "It has to be carefully crafted though I think - and it needs to be written in a way for the masses to read and understand what the position means. We can't be technical." Mayor Bush added, "We need to decide who is going to do that." Commissioner Blake added, "It has to be friendly." Furthermore, Mayor Bush said, "Do we have anybody on Staff that can do that - once we find out more information." Attorney Garganese again mentioned tomorrow's County Commission Meeting and noted, "I will go and just at least state initially our objections. I really think that the City of Winter Springs needs to get other municipalities in Seminole County involved, because it is a bigger issue than just the Urban Rural Boundary." Mayor Bush suggested, "There is a Mayors and Managers Meeting coming up." Commissioner McLeod added, "I think we need to involve all the cities and get a letter to them as to what this really means." Furthermore, Mayor Bush noted, "I think when we get all of the organizations such as CALNO [Council of Local Governments in Seminole County], the League of Cities, the Mayor and Managers group. . ." "I THINK COMMISSIONER McLEOD JUST SAID SOMETHING THAT WAS VERY IMPORTANT AND I WOULD LIKE TO MAKE A MOTION WE DIRECT ANTHONY [GARGANESE] TO CONTACT EACH OF THE CITY ATTORNEY'S FOR THE OTHER SIX (6) CITIES IN THE COUNTY AS SOON AS POSSIBLE AND TRY TO GET THEM TO COME TOGETHER AS WELL." . MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 25 OF 28 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. "I MAKE A MOTION THAT WE - TASK THE CLERK TO CONTACT EACH OF THE OTHER CITY CLERKS AND ENCOURAGE THEM TO HAVE CONVERSATIONS WITH THEIR COMMISSIONERS AS WE WILL, BUT THEY HAVE GOT TO HEAR IT MULTIPLE TIMES TO UNDERSTAND THE IMPORTANCE OF IT, ON THE SAME BASIS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner Blake then said, "It is imperative upon each of us to contact every Elected Official we know of in Seminole County to start with, and to talk to them about this situation as well, making sure - I think one of the key points is, this is not about Winter Springs; this is about cities; Home Rule; and the ability for us to do anything. This is just one step of many." Attorney Garganese added, "As the Commission has noted, the big issue is the effect on Municipal Home Rule Power. That affects every Municipality in Seminole County and you need to get that message out, that this may have a direct impact on you - today it is the Urban Rural Boundary, It could be the other boundary on the western portion of Seminole County next year. It could be - another special provision that they incorporate into the Charter. You don't know where it is going to stop, once it starts." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Mr. Lockcuff said, ''No Report." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 26 OF 28 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces Regarding the planned Meeting with Seminole County Commission which will be held at Winter Springs City Hall, on Tuesday, August 17,2004 beginning at 6:30 p.m., with brief discussion, Commissioner McLeod suggested using the East Training Room. Commissioner Blake agreed and said, "Yes." REPORTS 603. Office Of The Mayor - John F. Bush Mayor Bush said to Mr. Lockcuff, "I am sure all the Commissioners got this letter, maybe you received it too, about 1600 Little Sparrow [Court] - the chronic problem with neighbors. " Tape 3/Side B Seminole County, Library and Leisure Services Department, Next, Mayor Bush noted that "I received from - Suzy Goldman [Director of Library and Leisure Services, Seminole County] a copy of the County's Referendum that went through on Library's back in 2000." Mayor Bush added, "I will leave this with the Clerk, if anybody would like to look at it - and Andrea [Lorenzo-Luaces] - keep track of who has got it if someone does, because I want to see it when I come back." Mayor Bush mentioned a letter from John Ferring regarding the Senior Center. With discussion, Mayor Bush suggested, "It would make sense then to ask the Seniors to come before the Commission." Further discussion. Mayor Bush added, "As Commissioner McGinnis said, they are misinterpreting what the Commission is saying - we have got a communications problem here with the Seniors." REPORTS 604. Commission Seat One/Deputy Mayor - Robert S. Miller No Report as Deputy Mayor Miller had already departed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 27 OF 28 REPORTS 605. Commission Seat Two - Michael S. Blake No Report. REPORTS 606. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore said to Mr. Lockcuff, "When do you expect to have something on this trash pickup - leaving the cans out...?" Mr. Lockcuff responded, "...I think we will probably have something at the second Meeting in August to start reviewing." Secondly, Commissioner Gilmore spoke of receiving numerous calls about school redistricting. With discussion about possibly discussing this issue at the Joint City of Winter Springs Meeting with the City of Oviedo, Commissioner Blake suggested, "I think that there are ways to have discussions that could be meaningful with individual School Board Members as a member of a community, and that might be somewhat more effective." Mayor Bush said to Commissioner Gilmore, "I would encourage you to call the Superintendent. " Thirdly, Commissioner Gilmore spoke of the Columbariam issue at St. Stephens Catholic Church and asked, "We are looking into the legal aspects?" Attorney Garganese responded, "Weare looking into it." REPORTS 607. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke of a recent article about Police Departments and access. Next, Commissioner McGinnis said to Mr. Lockcuff, "On [State Road] 434 - from around Hayes to Sherry - the land between the sidewalk and the street - the right-of-way, some of those blocks, they are just totally barren in that right-of-way, if we could put in some trees." Regarding funding for planting more trees, Commissioner McGinnis suggested using Tree Bank monies. Mr. Lockcuff then said to Commissioner McGinnis, "On the north side?" Commissioner McGinnis responded, "Yes." REPORTS 608. Commission Seat Five - David W. McLeod No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 28 OF 28 .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 605. Commission Seat Two - Michael S. Blake Commissioner Blake noted numerous trees dying in the area and remarked, "Maybe we could have Mr. Mingea come back and let us know ifthere is one thing that we can do, or just one thing that we could eradicate." Mayor Bush stated, "I talked to the Arborist about this because I had a homeowner who brought this up and I asked him ifhe had seen the emails? He said he had, because they asked that he come out and inspect it and see if it was a disease? Do you know Kip [Lockcuff] if he did in fact find anything?" Mr. Lockcuff spoke of an expert hired regarding this and stated, "We have a report. Be happy to give you a copy of it." Mayor Bush said, "I would like to see it - a copy of it." ADJOURNMENT Mayor Bush adjourned the Meeting at 1 0:48 p.m. RESPECTFULLY SUBMITTED: . A LORENZO-LUACES, CMC LERK APPROVED: -;~~;~~-~<:0. ..' ~ ~_.r- ~ '- ... . ' -- - ;'" . ~;.- -.~ ~ : ~ T HNF. Busjf ; -~ .-:: ~.... ,> ;".... #-~?::: .~ 'YOR:-;:'~ ,--,;;,~ F ,.;~ :;:: ~ - - c _ _~. - .. - ~/~'~~~, . =.:( NOTi{ '1~ese Minute~,;!'!ca~proved at the August 9, 2004 Regular City Commission Meeting. ,.....<".~..... ADD-ON REGULAR 511. Community Development Department - Planning Division And Office Of The City Attorney Request The City Commission Approve The Study Area And The South Of SR [State Road] 434 At Tuskawilla Road Annexation Report ("Report") And Transmit The Report To The Board Of County Commissioners. Attorney Garganese introduced this Agenda Item. Tape 3/Side A With discussion on Enclaves, Mayor Bush stated, "So, your recommendation is in the 'Request' - to strike, 'Transmit the Report to the Board of County Commissioners'." Attorney Garganese added, "Until such time as we get a better handle on the registered Electors situation." Furthermore, Attorney Garganese noted, "I don't think it is worth the City having to conduct a Special Election for several Registered Electors that may be residing on this property when ultimately, they are going to be moving and relocating in the very, very near future. That doesn't make sense to me. When we put this together, we thought there were no Registered Electors - living on the property, and that is not the case, at this time." Referring to a map, Attorney Garganese explained, "Say this is correct and there are eleven (11) lots, the way the election process would work, is we would need to get a majority of the lot owners to agree to Annexation, in addition to having a majority of the lot owners comprising of greater than fifty percent (SO%) of the land mass in the study area - if you achieve that, then all ofthe property comes in." With discussion, Commissioner McLeod stated, "I must abstain, I own some of the property over there." Discussion. "A SUBSTITUTE MOTION WOULD BE - TO APPROVE THE REPORT IN ITS ENTIRETY; GIVING STAFF THE OPPORTUNITY TO FINE TUNE OR WORDSMITH IT AND TO TRANSMIT IT TO THE COUNTY AS SOON AS THE ATTORNEY DEEMS IT APPROPRIATE." SUBSTITUTE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: ABSTAINED MOTION CARRIED. ,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 David W. McLeod City Commission MAILING ADDRESS THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON 678 Dunmar Circle WHICH I SERVE IS A UNIT OF: CITY COUNTY ii CITY Q COUNTY Q OTHER lOCAL AGENCY Winter Springs Seminole NAME OF POLITICAL SUBDMSION: DATE ON WHICH VOTE OCCURRED City of Winter Springs July 26, 2004 MY POSITION IS: ~ ELECTIVE Q 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 f~ 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 fonn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, David W. McLeod , hereby disclose that on July 26 ,20~: (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 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: , by , which See Attached Excerpt. l-l.B-Of Date Filed Wi ~ jjj( 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 88. EFF. 1/2000 _ PAGE 2