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HomeMy WebLinkAbout2001 05 14 Consent G Approval of the April 23, 2001 Regular City Commission Meeting Minutes COMMISSION AGEN:DA ITEM G Consent X Informational Pubnic Hearings Regular May 14. 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The April 23, 2001 Regular City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 23, 200 I I. CALL TO ORDER The Regular Meeting of April 23, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Mayor Partyka read a Proclamation in honor "Arbor Day." A Proclamation in honor of exemplary performance was then presented to Winter Springs High School student Melissa Carroll who has completed 75 hours of volunteer service with the City. Mayor Partyka then presented City Clerk, Andrea Lorenzo-Luaces with her "Certified Municipal Clerk" designation Certificate. II. PUBLIC INPUT Mr. George Thompson, 715 Sybilwood Circle, Winter Springs, Florida: spoke of arbor fines, and removing trees on his property that he felt were a potential fire hazard. NOTE: At this point in the Meeting, the first audiotape jammed, and a new audiotape was used. The first audiotape was later determined to be inaudible. New Tape I/Side A Commissioner Edward Martinez, Jr. stated "I wanted to state that I received a call from Mr. Thompson regarding this matter here, and - during the conversation here he explained to me he had been through the process and I think that we need to hear from Code Enforcement or other people he has been in touch with to really explain this, because they have been to his house, they have inspected the site, and they supposedly advised him subsequent to that, and we need t'o either hear from them or we need to give this to the Manager and let the Manager and Staff handle it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 2 OF 25 Mr. Ronald W. McLemore, City Manager stated, "I would rather put it on a future Agenda, the next Agenda and handle it the way we should." Commissioner Robert S. Miller added, "I concur with what the City Manager just said, it's something we need to put on the Agenda to look at." Commissioner Miller further stated, "I think we should make it an Item for the next Agenda Meeting, and possibly hold everything in abeyance on that particular case." Mayor Partyka then advised those in attendance that, "It is a topic on the Agenda. Let's see where that goes. At this point in time if you would just be patient with us, I think everybody understands what needs to be done, and we'll try to handle it in the appropriate fashion, which potentially may be at another meeting." Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: addressed the Commission and said that she felt that the City's newsletter was being editorialized. Discussion. Ms. Schwarz also asked for a full accounting ofthe Town Center. Commissioner Martinez said to Ms. Schwarz, "If you have an objection like you said to what the Manager wrote on there - I take exception to the fact that those were not opinions, those were stated facts over and over again, and we'll try to make sure that in the next article, if there is anything written there about the Respite Center that quotes are put in there, so you know where they came from." Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: advised the Commission that Regular Agenda Item "D" was not a financial issue, and it related to a neighbor's property. Ms. Krebs also stated that she was disappointed with the Mayor's involvement with the Respite Center matter. Ms. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: distributed a photograph to the Commission and spoke of the potential illegal dumping of traffic signals on private property between Bahama Road and Panama. Ms. Drebert also asked that a mound of dirt be removed from private property. Deputy Mayor David W. McLeod stated, "I think I would ask the City Manager to please have Kip [Kip ton D. Lockcuff, P.E.] of Public Works look into this and report back to us - is the property from the City, and if it is, let's get it removed, let's find who dumped it there - and I would like to see the City Manager have it looked into right away." Ms. Drebert clarified the location as "On Hayes, and it's between Bahama and Panama." Ms. Drebert also spoke about her concern with the Casselberry Dog Track issue and asked that a Workshop be held on the Ranchlands Roads, and we want to see your paperwork, and I would like Jerry Matthews - County Rep to come to the Meeting or Workshop and also the Casselberry Rep." CITY OF WfNTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 3 OF 25 Ms. Drebert further asked about roads going through the Ranchlands area of the City. With further brief discussion on conceptual plans, Deputy Mayor McLeod explained that "There is no need for a Workshop." Mr. Mark Lammert, 410 MacGregor Road, Winter Springs. Florida: advised the Commission of his personal views on the proposed Respite Center and those of the Highlands Homeowners Association. Much discussion. New Tape I/Side B Further comments were made by Members of the Commission. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: advised the Commission that he was calling a Tuscawilla Membership Meeting for Thursday, April 26, 2001 at the Country Club, at 7:00 p.m. and asked that the City send a representative to discuss the "proposed starting date." Mr. Warner also commented that he felt that the Mayor should explain any conflicts of interest that he may have. Manager McLemore agreed to have someone in attendance at the Tuscawilla Membership Meeting. Mr. Michael McDonald, 203 Charles Street, Winter Springs, Florida: asked that the Mayor resign, and if this is not done, then he asked that the Commission "Take some action against you to rebuke you, for what you've done" in regards to the Respite Center. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:. .:. III. CONSENT CONSENT A. Fire Department Requesting Commission Approval Authorizing The City Manager To Apply For A $69,000.00 Firefighting Equipment, And Firefighter Wellness And Fitness Program Grant With The Federal Emergency Management Agency. The Assistance To Firefighters Grant Program Is A Competitive Grant With A 90/10 Match. A Supplemental Request For $6,900.00 In Fire Department Budget Appropriations For Fiscal Year 200112002 Is Also Being Requested. CONSENT B. Police Department Requesting The Commission To Give Approval To Donate $1,000.00 From The Special Law Enforcement Trust Fund To Winter Springs High School To Use For The Alcohol And Drug Free Grad Night Program. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2001 PAGE 4 OF 25 CONSENT C. Police Department Requesting The Commission To Give Approval To Expend $900.00 From The Special Law Enforcement Trust Fund To The Commission For Florida Law Enforcement Accreditation And Enter Into Contract For The Accreditation Process. CONSENT D. Community Development Department Presenting The Final Engineering For The First Baptist Church Of Winter Springs. (The Agenda Item Has Been Postponed Until May Item Has Been Postponed Until May 14, 2001.) CONSENT E. Finance Department Requesting The Commission Approve A "Proposal For Banking And Treasury Consulting Services" Performed By Public Financial Management In An Amount Not To Exceed $9,500.00 As A Supplemental Appropriation From Fund Balance - $4,750.00 From The General Fund Fund Balance And $4,750 From The Enterprise Fund Fund Balance And Give Authority To The City Manager To Enter Into A Contract With Public Financial Management For Said Services. Discussion ensued on RFP's or RFQ's being issued. Manager McLemore stated, "If you want an RFP, we can." Commissioner Michael S. Blake asked, "When did we last choose our banking relationship?" Commissioner Blake further inquired if "Perhaps we should roll that question into this discovery as well." Manager McLemore stated, "I need to go back and read the Agreement for the timeline. I think there was a minimum timeline that we all agreed to." Commissioner Blake added, "My only question was to throw it out there, and let you handle it, but I think we may be to the end of that Agreement, and I think we have to be close to five (5) years, because I know I have not been here when we have done an RFP on banking services, so I think we just ought to take a look at that before we necessarily enter into this Agreement, because we may want to roll that in." . Manager McLemore stated, "Are you suggesting that we roll the RFP process into this contract with them?" Commissioner Blake stated, "Yes, potentially, but it depends on that Agreement that we currently have outstanding with Bank of America, which isn't part of our package here." Commissioner Blake further said, "Let's step back, make sure what work we need to do, and let's put it all into one and let's do it the right way." Manager McLemore stated, "No problem." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 5 OF 25 Regarding this Agenda Item, Commissioner Blake explained that "What I am going to ask them to do, Mayor, is to have this pulled off the Consent Agenda, and to - hopefully give Staff a different direction to step back, take a look at these other services and bring this back to us with that." CONSENT F.l Utility Department Requesting Approval For A Water Line Easement Agreement For The Southern Water Main Interconnection. CONSENT F.2 Utility Department Requesting Approval For A Water Line Easement Agreement For The Southern Water Main Interconnection. CONSENT F.3 Utility Department Requesting Approval For A Water Line Easement Agreement For The Southern Water Main Interconnection. Commissioner Blake requested that Consent Agenda Item "E" be pulled for separate consideration. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE CONSENT AGENDA, LESS ITEMS 'E,' 'F.1,' 'F.2,' AND 'F.3.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 6 OF 25 .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS NEXT DISCUSSED AS DOCUMENTED. .:. .:. CONSENT E. Finance Department Requesting The Commission Approve A "Proposal For Banking And Treasury Consulting Services" Performed By Public Financial Management In An Amount Not To Exceed $9,500.00 As A Supplemental Appropriation From Fund Balance - $4,750.00 From The General Fund Fund Balance And $4,750 ]From The Enterprise Fund Fund Balance And Give Authority To The City Manager To Enter Into A Contract With Public Financial Management For Said Services. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THIS BACK TO STAFF TO INVESTIGATE THOSE ITEMS THAT WE HAVE DISCUSSED; THAT BEING THE STATUS OF THE BANKING ARRANGEMENT THAT WE HA VE WITH BANKAMERICA, AS WELL AS THE STATUS OF OUR FIVE (5)- YEAR REQUIRED ANNUAL REVIEW OF OUR BANKING RELATIONSHIP. THEN BRING THE WHOLE PACKAGE BACK TO US, IF WE NEED TO ADD IN THOSE OTHER SERVICES, TO BRING IT BACK AS ONE PACKAGE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Deputy Mayor McLeod asked Manager McLemore for his input. Manager McLemore asked, "Can you give me authority to go both ways, if we find that we need to do that, that we just go ahead and expand this." "I WOULD LIKE TO GO AHEAD AND AMEND THE MOTION - AND DIRECT THE CITY MANAGER TO INCLUDE THOSE ITEMS, AND I UNDERSTAND' THAT THE PRICE THAT IS WITH THAT, IS NOT TO EXCEED $15,000.00 AND IF IT IS NOT NECESSARY AT THE PRESENT TIME, THEN WE WOULD TAKE ITEM "E" AS IT STANDS. MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Manager McLemore added, "And I will communicate our results to you in writing." VOTE: (ON THE AMENDMENT) COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 7 OF 25 VOTE: (ON THE MAIN MOTION) COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE THEN DISCUSSED AND VOTED ON SEPARATELY. .:..:. CONSENT F.! Utility Department Requesting Approval For A Water Line Easement Agreement For The Southern Water Main Interconnection. Brief discussion. Deputy Mayor McLeod commented on this agenda Item and stated, "This is to give us the Southern Connection of the loop as spelled out in our Comp Plan, between the east and west side of the City. It just happens to be that this easement does indeed come across my property. That's one of the reasons that I'm not voting on it. I have issued the City a right of easement to come through there, however, I would like to point out on the Brodfuhrer piece of property, Kip, this thing also should show a line that was agreed on to run down to Tusca Trail." Mr. Kipton D. Lockcuff, P.E., Public WorksfUtility Department Director stated, "I was just showing the easement route." Deputy Mayor McLeod then asked, "Isn't that also part of the easement?" Mr. Lockcuff agreed and said, "Yes, the east side." Deputy Mayor McLeod then asked, "Does that not need to be shown on this particular - not necessarily on mine, but it does need to be shown on the alternate deed as what we really planned to do - and to put a hydrant down there, at the base of that." Mr. Lockcuff commented that, "I had hoped that were going to do that. I think that Anthony [Garganese] structured it, as the exhibits of the easement are going to be metes and bounds and the legal description will have it on there." Deputy Mayor McLeod asked, "So what you are doing is showing the basic route of the easement. Well, I do want to make sure that's on the record because that is what was discussed with those property owners." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2001 PAGE 8 OF 25 Furthermore, Deputy Mayor McLeod stated, "'F. 1 " I do want to point out, is an easement agreement with David W. and Sulyn McLeod." Commissioner Miller inquired, "If other residents in that area now want to hook up to the line, they're going to have to do that at their own expense, not at City expense, correct?" Mr. Lockcuffstated, "Yes, Sir." "TO THE EXCLUSION OF COMMISSIONER McLEOD AT HIS REQUEST, I MAKE A MOTION THAT WE APPROVE ITEM 'F.l,' CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: DID NOT VOTE MOTION CARRIED. CONSENT F.2 Utility Department Requesting Approval For A Water Line Easement Agreement For The Southern Water Main Interconnection. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'F.2,' THE UTILITY EASEMENT BETWEEN THE CITY OF WINTER SPRINGS AND THE PROPERTY OWNED BY BRUCE AND TERRI BRODFUHRER." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: DID NOT VOTE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2001 PAGE 9 OF 25 CONSENT F.3 Utility Department Requesting Approval For A Water Line Easement Agreement For The Southern Water Main Interconnection. "I WOULD LIKE TO MAKE A MOTION WE APPROVE AN EASEMENT BETWEEN THE CITY OF WINTER SPRINGS AND THE PROPERTY OWNED BY STEPHEN AND SHYLA REICH FOR THE SOUTHERN WATER MAIN INTERCONNECTION." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: DID NOT VOTE MOTION CARRIED. Mayor Partyka stated, "City Clerk, just provide Commissioner McLeod with the form that we are used to now." Deputy Mayor McLeod then stated, "I would like to point out that what this will do is connect the east and west side as I had mentioned, but it will help for health and safety welfare for the City, if we happen to have a broken line on the west side or the east side, it will give another capacity to bring water around in the loop to allow the other side of the City to supply water to the neighborhoods of either the east side, Tuscawilla, Oak Forest area or over to Seville Chase, Ranchlands and also the west side of town. So, I think it is a very good thing. It's part of our Comp Plan and I think it is something that we need to go ahead and move on." Commissioner Blake thanked "Staff, the Brodfuhrer's, the Reich's, but also to Commissioner McLeod. This has been a long drawn out issue, that has taken an awful long time to get it put together and I know that he was instrumental in getting to this point and getting it so that we could get it done." Commissioner Blake further stated, "I just wanted to thank him for doing that." IV. INFORMATIONAL None. CITY OF WINTER SPRINGS MINUTES CITV COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 10 OF 25 v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Land Development Division Presents To The Commission For Their Action The Second Reading Of Ordinance No. 2001-30 Which Will Vacate And Abandon An Unnamed 25-Foot Right Of Way Located On The East Side Of Lot 26, Entzminger Farms Addition No.2, Plat Book 5, Page 9, Public Records Of Seminole County, Florida. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Drawings were handed out to the Commission and Mr. Charles Carrington, AICP, Community Development Director introduced this Agenda Item and advised the Commission that "We have received two (2) of the letters from the utility companies, and we are still lacking two (2) of the letters." Mr. Carrington added, you have two (2) options. You may either defer this if you are uncomfortable approving it without all the letters in from the utility companies or you can approve it contingent upon receipt of the letters from the four (4) utility companies stating they have no objections to this vacation, or closure of this street." Manager McLemore added, "I talked to the City Attorney about it earlier today to see if he was comfortable with this contingent approval and he said that he was." Attorney Garganese added, "That's correct." Commissioner Miller inquired of Charles, "The Gee Creek, where it goes under - 434, right now there is a lot of broken concrete, I'm not really sure what it is, on the bank . there. What is that from?" Mr. Carrington stated, "I truly don't know." Commissioner Miller then asked if any Staff members knew. Mr. Thomas Skelton, American Civil Engineering Company: addressed Commissioner Miller's concerns and said that Florida Power placed "Broken concrete for the stabilization of the bank there." Commissioner Miller then stated, "I think we need to have somebody from the City Staff go over and take a look at that, because I'm not aware that. you can actually just start dumping stuff along a creek like that to prevent soil erosion." Deputy Mayor McLeod commented that "I do know that for the last two (2) months, DOT has been working down in that area, removing dirt, trash, and so forth, that they actually had on that particular piece of property and that - DOT owns that property down in there." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 23. 2001 PAGE II OF 25 Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Deputy Mayor McLeod stated, '" A' is one I have interest in so I must make sure that I abstain from this." Attorney Garganese asked Mr. Skelton, "I don't see the legal description for that portion, just for the right of way that's being vacated." Mr. Skelton responded to Attorney Garganese's concerns and stated, "This is a survey that was prepared by Beale Smith and Associates, not by our company there, we don't do that. If it is required by the City, we can give their company to provide a legal description for that." Attorney Garganese said "I would prefer that we attach a legal description of the highlighted portion to this Ordinance and that that be included in any Motion to approve this Ordinance this evening. " Attorney Garganese further stated that the sketches are "Inaccurate based on new information that Commissioner Blake has brought up this evening. It would be very simple for the surveyor to describe this area, because he is already describing the boundaries of the two (2) lots in the easement. Obviously, it is right in the middle. He just needs to close it off and provide us a legal." Mayor Partyka stated, "Okay. So be it." Commissioner Blake stated, "I think if we are going to make a Motion to adopt an Ordinance, and we are going to have a contingency in the adoption language, that we ought to enumerate precisely those utilities that we have not received letters from; and I also feel uncomfortable that we don't have a correct legal description." "I'D LIKE TO .MOVE THAT WE APPROVE ORDINANCE 2001-30 WITH THE PROVISO THAT THE CITY ATTORNEY AND S:rAFF WILL PROVIDE THE LEGAL DESCRIPTION OF THE RIGHT OF WAY THAT WE'RE HANDING OVER AND ALSO THAT IT IS CONTINGENT UPON THE ACCEPTANCE OF THE TWO (2) OR THREE (3) OR HOWEVER MANY UTILITY ORGANIZATIONS THAT ARE INVOLVED IN AND THAT WE NEED TO GET THEIR APPROVAL FROM - AND THE MOTION IS CONTINGENT UPON THEIR APPROVAL ALSO. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGEI20F25 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR McLEOD: ABSTAINED MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department - Building Division Requests That The City Commission Hold A Second Reading Of Ordinance 2001-29 That Amends The Code Dealing With Construction Material Required For Fences. Attorney Garganese read the Ordinance by "Title" only. Mr. Dennis Franklin, Building Official addressed the Commission regarding this Agenda Item and stated that "Because the aluminum fences are literally custom made, it's not like a stockade fence where you would buy a six (6') x eight foot (8') section. The wind load specifications would come individually through the Building Department when they applied for the permit, so we'll confirm that at that point. So, to provide that information for you right now is very difficult." Commissioner Blake stated, "I thought when we had this on first reading that we had a discussion about adding some additional language that would allow us to be somewhat more open-ended on other materials that we may not have here to thought of, in other words, not just limiting it to PVC or the aluminum structure? Did we decide not to - and review it as it comes up. Okay." Deputy Mayor McLeod added, "I think the thing that we ought to watch here when we talk an alwninwn fence, that we need to make sure we're talking that it is a decorative aluminum fence, the same as wrought iron, because the next thing we'll have here is a chain link fence with aluminwn slats run through it, and they will consider that that becomes an aluminum fence, and I don't think that is the intention of the Commission. So the key element here is that it is a decorative aluminum fence, in place of wrought . " Iron. Manager McLemore stated, "I would like to add some new language." Further discussion ensued on the Ordinance; advertising; and whether the Agenda Item should be tabled. Tape 2/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 13 OF 25 "I MAKE A MOTION TO DIRECT STAFF TO AMEND THE LANGUAGE IN THE ORDINANCE TO REFLECT COMMISSIONER McLEOD'S CONCERNS AND BRING THIS BACK FOR A THIRD READING AND ADOPTION HEARING - ON MAY 14TH, 2001 PRESERVING ADVERTISING FROM THE PUBLIC HEARING THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Cindy Gennell thanked the Building Department for their research on this Issue. ADD-ON PUBLIC HEARINGS C. Community Development Department Requests That The City Commission Conduct A Public Hearing For A First Reading Of Ordinance 2001-32 To Adopt A Rezoning Petition (REZ-4-2001) To Change The Zoning Map On A 6.315 Acre Parcel From Single Family Dwelling District RC-1 To Neighborhood Commercial C-l. The Property Is Located On The South Side Of East State Road 434 At The Intersection Of State Road 419. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. Copies of the Ordinance were passed out. Deputy Mayor McLeod stated, "I must abstain from voting on this." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE STATED "POINT OF ORDER THIS IS A FIRST READING. ARE WE PASSING THIS ON AN EMERGENCY BASIS?" MANAGER McLEMORE STATED, "NO." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 rAGE 140F25 COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: ABSTAINED MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion ensued on the land use; zoning classifications; and conditional use. Also discussed was access to Shore Road. Manager McLemore clarified that "It has to be built according to the site plan that is approved, and I don't think you are going to see anything on a site plan that connects anything there to Shore Road, at all." Manager McLemore further stated, "It was your direction that a site plan not indicate a connection to Shore Road. Now they may have proposed one in a preliminary site plan, and one that has already come before you, but the one that is going to come before you will not have a connection to Shore Road. The church agreed to that, and that is what you will be asked to approve." Mayor Partyka asked, does this document - whatever it is, does this carry any weight at all?" Attorney Garganese responded, "From a site plan approval perspective, absolutely not." Commissioner Blake inquired that "The language in the Ordinance appears to be in error, being that it was actually written for the property next door, and not this one." Attorney Garganese stated, "The title would have to change. There is an error, it talks about - the current zoning being Seminole County 'RU', 'Rural Urban,' that's inaccurate. That would need to be changed to the City of Winter Springs 'RC-l,' Single Family Dwelling and also Section 2. would also have to reflect that same change. And if the Commission is inclined to go forward with this, I would like to read in the corrected title." "One, I need a clarification on the property that the zoning change is occurring on, so we can identify the correct legal description." Commissioner Blake stated that "The legal description also would have to be amended to reflect one half of the easement that was vacated earlier. Attorney Garganese added, "That vacation of easement is contingent upon certain things happening, so by operation oflaw, typically when you're vacating an easement it takes on the zoning of the adjacent property which will occur." Attorney Garganese then stated, "I think we will just have the legal description be parcel 2B and include the legal description that will be provided by the surveyor, reflecting the vacated easement." Commissioner Blake asked, "But only half of it, right? Because the other half - the western half is already zoned 'C-l' - would already be zoned 'C-l.' Typically, when an easement is vacated, correct me if I'm wrong, but half of it goes to each adjoining parcel?" Attorney Garganese commented, "That's correct." Commissioner Blake continued - "The description would need to be CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 15 OF 25 amended only to reflect the half on the eastern side." Attorney Garganese stated, "We can do that. That's not a problem." Attorney Garganese added, "Currently your Comprehensive Plan reflects a Commercial designation. The law is very clear on this issue. You need to approve some Zoning designation that's consistent with the Commercial designation; "Single Family Dwelling" is clearly not consistent, so it's either approve a Commercial designation for this property, or change your Future Land Use designation; which - if you change your Future Land Use designation you would be creating a little pocket of Residential amongst a sea of Commercial." With additional discussion, Attorney Garganese stated that "Some Commercial designation would need to be approved, and you would need to do that before issuing any permits under the Commercial designation." Commissioner Blake added, "If they apply for it, if they don't apply for it, then?..." Attorney Garganese said, ''Then, I think it is the burden of the City to make that change, because you are required by law to make your Zoning consistent with your Comprehensive Plan designation." Commissioner Blake further said, "So what you're saying is really, then we need to go through every parcel in the City and make sure that each of our Zoning classifications match up, then if we don't, then we are required to go through an administrative Rezoning of each parcel." Attorney Garganese stated, "That's my reading of the law." Commissioner Blake added, "Based on a reasonable period of time." Attorney Garganese stated, "Yes." Attorney Garganese re-read the Ordinance title. "It's Ordinance 2001-32, an Ordinance of the City Commission of the City of Winter Springs, Florida changing the Zoning map designation of the real property generally located on State Road 434, across from State Road 419 and legally described as an approximate 6.315 acre parcel from City of Winter Springs 'RC-l Single Family Dwelling District' to City of Winter Springs 'C-l Neighborhood Commercial District' providing for severability, conflicts and an effective date. " Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake asked, "I believe two (2) meetings ago that this Commission set forth a policy of posting property for Rezoning. Have we complied with that?" Manager McLemore stated, "We will." Brief discussion. Commissioner Blake stated, "When we post this property, I would hope that we will post it in a much more effective manner than CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 16 OF 25 the Nursery Road property was posted, and not only out on the 434 side, but on the back of the property where Shore Road abuts to it also, where the residential uses are." Regarding the posting of property, Commissioner Blake stated, "My concern is at this point, as we are talking about a Rezoning is that the property is effectively posted to notify all other interested parties that go by the property or might live near the property, that there is a Rezoning applied for and on the Agenda, for this property, so that they will have ample notice so that they may, come in under the Public Hearing and make comments, if they so desire." Commissioner Blake further stated, "My final point is I just wanted to make sure that we understand that if the Commission decided that we are going to post these properties, to make sure that we get that done, as well." Mayor Partyka added, "City Manager, I believe that position was stated by the Commission at the last Commission meeting and you have it right. Your intent, or the intent of this Commission is to post those properties; and you're going to be doing that. Okay? In a practical fashion." Manager McLemore stated, "Rezonings, okay." "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2001- 32 AS AMENDED IN THIS MEETING, TO A SECOND HEARING AT OUR NEXT REGULARLY SCHEDULED MEETING WHICH I BELIEVE IS MAY 14TH, 2001." MOTION BY COMMISSIONER BLAKE. SECOND. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: ABSTAINED MOTION CARRIED. Commissioner Gennell thanked the Planning Department for having the colored map available at this Meeting. Deputy Mayor McLeod added, "Don't forget to go to your Parks Department for your sign." Mayor Partyka called a break at 8:51 p.m. The Meeting was called back to order at 9: 1 0 p.m. Mayor Partyka stated, "Let the record show, three (3) Commissioners are here. We have a quorum. Commissioner Gennell, Commissioner Blake, Commissioner Martinez are here. " CITY OF WfNTER SPRINGS MINUTES crTY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 110F25 VI. REGULAR REGULAR A. City Manager Requests A Determination And Final Vote On A Salary Increase For The City Clerk, Effective October 1, 2000, Based On Supplemental Information Provided Below. Discussion. Commissioner Gennell stated, "She has to make all seven people, if you count the City Manager, so I am happy to give her whatever; and if anybody wants to support more, I'll support that." Further discussion. Tape 2/Side B Regarding noticing the City Commission as to when future reviews are due, Deputy Mayor McLeod stated, "I would prefer, I guess that the City Clerk would let us know." Commissioner Blake stated, "One of my pet peeves over the last few years has been this problem of the annual reviews with all the employees and the timeliness or lack of timeliness." Commissioner Blake further said "I would like to think that we can do a better job starting today, on that issue." COMMISSIONER BLAKE STATED, "I WILL MAKE THE MOTION MAYOR IF YOU FEEL THAT IT IS IN ORDER, THAT WE DO ADJUST THE CLERKS ANNUAL SALARY TO REFLECT THE EIGHT PERCENT (8%) INCREASE OVERALL FROM HER PREVIOUS RATE AND THAT WOULD BRING HER TO, I THINK IT IS $43,200.00. YES, $43,200.00 RETROACTIVE BACK TO OCTOBER 1 ST OF LAST YEAR." Commissioner Martinez stated, "Point of Order, Mayor. - There are four (4) lights .on still, people who want to talk on the issue." Discussion. COMMISSIONER BLAKE STATED, "I REITERATE MY MOTION." MAYOR PARTYKA ASKED, "WHICH IS?" COMMISSIONER BLAKE STATED, "$43,200.00 WHICH WOULD BRING HER TO THE EIGHT PERCENT (8%) LEVEL." MOTION DIED FOR LACK OF A SECOND CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 18 OF 25 "I WOULD LIKE TO MAKE THE MOTION THAT WE LEAVE THE SALARY AS WE DISCUSSED TWO (2) WEEKS AGO. IT WAS DONE UNDER THE SYSTEM - THE COMMISSION AT THAT TIME FELT WAS PROPER. I STILL FEEL IT WAS PROPER. I DO NOT WANT TO GET INTO THE CODY STUDY OR PERCENTAGES, BASED ON OTHER THINGS, OTHER THAN THE INFORMATION THAT WE HAD BEFORE." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR MCLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. "I MOVE THAT WE AMEND OR REVISE OUR SALARY ADJUSTMENT FOR THE CITY CLERK TO REFLECT IT TO BE $43,200.00, INSTEAD OF $43,000.00 EVEN." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE DEPUTY MAYOR MCLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka stated that salaries are a priority, and they have to be discussed on a timely fashion. Mayor Partyka further stated, "If this subject is up for discussion in October it should be to this Commission at least a month before the salary is due. It's a burden on any employee to wait six (6) months to see if they get a salary or not. That is just good business practice. So, I urge the City Manager for any future salary increases including his own, that this come up at least one (1) month - prior to when it supposed to be effective." Commissioner Blake agreed and stated, "Hopefully, you are not just talking about the Clerk, or the Manager, but for every employee that we have." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 19 OF 25 REGULAR B. Office Of The City Clerk Requesting The City Commission Review The Available Dates For A Board 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. The consensus of the Commission was to have this event at the Winter Springs Golf Club. With further discussion by the Commission, the date of July 20th, 2001 was agreed upon for the next Board Appreciation Dinner. REGULAR C. City Manager Requesting The Commission To Approve Dates For The Town Center Training. The consensus of the Commission was that this training be held on May 23rd. REGULAR D. Community Development Department - Code Enforcement Requests The City Commission Considers Information Regarding Arbor Permits. Manager McLemore stated, "I would like to recommend that we postpone this to the next meeting. " "MOTION TO TABLE." SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23.2001 PAGE 20 OF 25 REGULAR E. City Manager Requesting The Commission To Approve The Form Of Agreement To Utilized By The City In Awarding Beautification Grants. Mayor Partyka stated, "Is there a Motion to approve?" "SO MOYED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. YOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ADD-ON REGULAR F. City Manager Requesting The Commission To Approve Resolution 2001-12 Amending Section 8 Of City Resolution No. 99-887 And Section 3.06 Of Resolution No. 99-884 Ratifying The Levying Of Previously Levied Tuscawilla Local Improvement Assessments. Mayor Partyka stated, "Is there a Motion to approve the Resolution?" "SO MOYED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. YOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTIO~ CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRJL 23,2001 PAGE21 01'25 VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore advised the Commission about the possibility of purchasing the Parker property. Discussion. The Commission agreed that a Special Meeting would need to be held, and suggested that this be done on Wednesday, April 25, 2001, at 8:00 a.m. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT 'VE SET A SPECIAL COMMISSION MEETING, ON WEDNESDAY MORNING, APRIL 25TH, 2001, AT 8:00." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS C. City Clerk - Andrea Lorenzo-Luaces The City Clerk asked the Commission if they wished to review any plans for the Board Appreciation Dinner. Deputy Mayor McLeod commented, but did not ask that this matter be brought back. Commissioner Blake stated, "I don't think so." Commissioner Gennell stated, "Handle it." Mayor Partyka stated, "Just manage it." The consensus of the Commission was that the City Clerk should take care of the plans. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 22 OF 25 REPORTS D. Commission Seat IV - Cindy Gennell Commissioner Gennell asked the City Clerk about the "State of the City" Address and stated, "I would appreciate it if you brought us back an analysis of the expenses involved, and how much we've been reimbursed for." Mayor Partyka stated, "I could tell you what we have been reimbursed for, right off the bat. Five thousand dollars." Commissioner Gennell then stated, "I would just as soon have it from the City Clerk." . REPORTS E. Commission Seat V - David W. McLeod Deputy Mayor McLeod thanked Mayor Partyka for sharing the stage with the Commission at the "State of the City" Address and commented that "The Address went real well." REPORTS F. Commission Seat I - Robert S. Miller Commissioner Miller asked Manager McLemore, "Is that property moving along - the school property, converting it to - soccer fields? Is that still moving along?" Manager McLemore stated, "As far as I know. I'd be happy to give you a report on it." Commissioner Miller then asked about the parking on George Street, and that "We were going to do something across the street." Commissioner Miller further asked, "Did that all die of a lack of interest or is that still an item which Public Works is going to work on it?" Chief Kerr spoke of several meetings with the residents and said that "They were trying to come up with an appropriate agreement." Commissioner Miller then asked Chief Kerr about the Trail in Tuscawilla and if he knew of any problems with motorized vehicles and vandalism in this area. Chief Kerr stated, "Not to my knowledge." Commissioner Miller asked Attorney Garganese on the status of the Texaco station. Attorney Garganese answered that he was working on it, and explained a recent title search on the property and that he is "Currently reviewing it, along with the status of . liens, and mortgages, and encumbrances on the property, so that we can better advise you as to what your potential options are under Chapter 162, Florida Statutes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 23 OF 25 Tape 3/Side A REPORTS G. Commission Seat II - Michael S. Blake Commissioner Blake first spoke of the sound system, and stated, "Can we please get somebody in here to please take care of it so we don't get the feedback." Commissioner Blake asked Manager McLemore about the status of the Credit Card Purchasing Program. Manager McLemore stated, "Let me get you an update on that." Commissioner Blake then asked Chief Kerr about Section 12-65. of the Code, as it pertains to parking on the street, on the sidewalk, and asked, "Does it or does it not prohibit parking on the City's rights-of-way?" Chief Kerr felt that it was a law that was open to interpretation. Discussion. Commissioner Blake asked if "There isn't a way to address it Ron, and to clarify the Code, if we base the Code on the standard roadway or street standard for sidewalks. Could you look at that?" Commissioner Blake further asked, "If we could take a look at that and possibly come up with a solution. If nothing else, let's at least clarify it." Commissioner Martinez added that ."There is a lot of on street parking taking place late at night and through the early morning hours" and asked if Chief Kerr and his Staff would check into this. Chief Kerr agreed and stated, "Absolutely," and advised the Commission that his Staffwas enforcing this. Commissioner Blake inquired if we could check into something similar, as to what the State funded for the sound walls of the Maitland extension, as we have excessive noise on 417, on the eastern part of our City. Commissioner Blake. further inquired, "Can we find out whether or not there are any Grant programs, or Safe Neighborhood monies or anything because there is about a two thousand foot (2,000') section that goes right along the back yards of the City." .:. .:. AGENDA NOTE: DEPUTY MAYOR McLEOD HAD THE FOLLOWING ADDITIONAL REPORT, AS DOCUMENTED. .:. .:. REPORTS E. Commission Seat V - David W. McLeod Deputy Mayor McLeod then asked that replacements be seriously considered for the Land Development Coordinator and Planning Coordinator, and "To please bring that back." Brief discussion followed on employment conditions. Commissioner Gennell stated that she had the same concerns as Deputy Mayor McLeod. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23. 2001 PAGE 24 OF 25 REPORTS H. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez asked when information on the Respite Center would be provided. Manager McLemore stated, "On the 14th." Commissioner Martinez then asked Attorney Garganese about the Commission on Ethics and said "That business cards were being distributed within the walls of this building, by a 'PAC. '" Attorney Garganese stated, "I am still researching the PAC issue. The business card questions that you want to review, I have prepared four (4) or five (5) of them, and put them on the next Commission Agenda." Commissioner Martinez then asked, "And the question on the item of Ethics?" Attorney Garganese responded, "Still researching that issue." .:. .:. AGENDA NOTE: DEPUTY MAYOR McLEOD HAD ONE OTHER ADDITIONAL REPORT, AS DOCUMENTED. .:..:. REPORTS E. Commission Seat V - DaYid W. McLeod Deputy Mayor McLeod asked about using the School for the Respite Center issue. Deputy Mayor McLeod further stated, "We have said in the past that if our facilities won't hold the people that we know in advance, then we would try to work with the school, to make sure we had an assembly area large enough to conduct that." With discussion by the Commission about the next Meeting of May 14th, Mayor Partyka summarized the comments of the Commission by saying, "So we in effect changed the venue for the entire meeting - if it is available." Commissioner Miller then stated, "If we are going to go over to the high school, I would like to ask the City Manager to put the Item on the beginning of the Agenda so we don't have to move it." Deputy Mayor McLeod disagreed and suggested, "That we try to hold 'Public Input' on the Respite Center even after we are able to get through the rest of the Agenda, and 1'd also try to tell us - let's limit the rest of the Agenda, if we feel that it is going to bring out that kind of personnel." Deputy Mayor McLeod added that regarding "Public Input," that "We should be looking, Mayor, for new information, and not rehashing the old information, and I would ask you to consider that." Mayor Partyka stated, "Okay." REPORTS I. Office Of The Mayor - Paul P. Partyka No report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2001 PAGE 25 OF 25 VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 10:20 p.m. J'PECTFU~L~ SUBMITTED: L i ~ ANDREA ~ NZQ-LUACES, CMC CITY CLERK NOTE: These minutes were approved at the May 14,2001 Regular City Commission Meeting. \. ,I '., -; FORM 88 MEMORANDUM OF VOTING CONFLICT FOR =:CJiINTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME-ARST NAME-MIDDLE NAME McLEOD, DAVID W. NAM OF BOARD. COUNCIL COMMISSION. ALffi-lORITY. OR COMMfTTEE W NTER SPRINGS COMMISSION WINTER SPRINGS, FL ON WHIr.H VOTE OCCURRED ."'/2.3/01 COUNTY SEMINOLE TH BOARD, COUNCIL COMMISSION. AUTHORITY OR COMMfTTEE ON ICH I SERVE IS A UNrr OF: CITY 0 coumv NAME OF POLITICAL SUBOMSION: CITY COMMISSIONER, DISTRICT FIVE MY POsmON IS: , o OTHER LOCAL AGENCY - ._- - - --...---- 645 DUNMAR CIRCLE X~ ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 .' ~.'..'.-.'. :.:: !.-,~ '.,,;5S' by any person serving at the county, city, or other local level of government on an appointed or elected board, couhcil, -'. -. ~lIthnrity, Qr committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting . :"" -. ~~ : ::-..~.~:- Section 112.3143, Florida Statutes. - =-~ ~;__~~~E~:!:~:_-__-: iJE1der the taw when faced ""Iith voting on a measure in \",hich you have a conflict of interest will vary greatly depending .:.':'::-.':'~ yuu :'u:d an e:ectl-ve Oi appointive position. For this reason, please pay close attention to the instructions on this form before _I_&!__ &L.~ __..___ _:-'..... ~.H...A rilin,., tho form . ..., _ _ _. __.. _ _-="'".. _ ".:... H_. !~...,~ .,..'-0- _ __. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES '-~.-_:-_ ~~!~!~: e!ect:'.'e or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which _ ;,. :-;;:; or he; special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- which inures to the special gain or loss of a prin~ipal (other than a government agency) by whom he or she is retained (including the . - -,:--'-_.,-- -- ='::~-:::;~;~"'f cf a c~rpora!e principal by which he or she is retained); to the special private gain or loss of a relative; ()( ;;.;:.-:::::~ ;::-:'_'::~:: 9~~ C~ loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or ~-_j. FS., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that _!L... ';;';"':"''''''' (.: tl115 ;<1.;';;. a -relative" includes only the officer's lather, mother, son, daughter. husband, wife, brother, sister, father-in-law, - - '.-: ~::'.':, snn-in-Iaw, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business .: .'- - -;/~:-; ~:-;:: ::~::::~ as a partner, joint venturer. coowner 01 property, or corporate shareholder (where the shares of the corporation ~ A I":_A_ ~ -- -:.~~~ ~""'=!~_~~~~ !"":.'!" '!"~!"'!;~~~~ -",:::~~.!"'k !""~!""h~~~!""~ - -- -- --...,-, (;If-D OFFICERS: ___;~~ ,~ ~h~hl";,,,., f"-,,,,,, ""1,,,,,, ;" lh", 'Oi!, ,,.,ti,,,,,, np<:Ninpn ",novp vnll mll!';t disclose the conflict: _~T" _. _ _ _ __ _ _ _ _ oJ oJ - - - - - - - - -. I - .. - - - - - - - - - - - n PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaini~g from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. 'OiNTED OFFICERS: . ",' -"~~ ;-;-;~;:;~ abstain from voting in the situations described above, you olherwise may participate in these matters. However, you disclose the nature of the conflict before making any aUemptto influence the decision, whether orally or in writing and whether made __ __ _& ...-...# ,.,:......"Ii......... _ ~_ ~~ ;"_U_U .~~~"='.__~~._.~~: , : :--:;-~~ TO MAKE ANY AlTEMPT TO INFLUENCE THE OECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE .-. ---:-'-.- ,,",d ~;'" !h:--; fnrm (before makinq any altcmpllo influence the decision) with the person responsible for recording the ." ~ PPOINTED 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. YUU MAKE NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure belore 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 DAVID W. McLEOD , hereby disclose that on APRIL 23, 2001 .20~: .^. :':':~::.:::.:~~ came or .,./m come before my agency which (check one) inured to my special private gain or loss; inured to the special gain .or loss of my business associate, inured to the ~pecial gain or loss of my relative. _ inured to the special gain or loss of AJ;R-PAK PRODUCTS & SERVICES , INC whom I am retainedM CEO/PRESIDENT . by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. t he'measure before my agency and the nature of my conflicting interest in the measure is as follows: . which LK~l BAPTIST CHURCH 'OF WINTER BPRLNGS. I AM THE CONTRACTOR OF RECORD. 05/15/01 J AI /(/ Signature - -;=. UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE ~;:;TiTUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. '~'H' OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A '-- PENALlY NOT TO EXCEED $10,000. . . . .;. . . . v;# ;;5 - Eff. 112000 PAGE 2 ~:... !. . ~ . . .".. . . . . . .