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CASSELBERRY CITY COMMISSION Minutes of May 10, 2004 - Regular Meeting Page 5 of 17 LANDS TO BE ANNEXED SHALL BE ASSESSED FOR PAYMENT OF MUNICIPAL AD VALOREM TAXES PURSUANT TO LAW; PROVIDING FOR SUBMISSION OF THE QUESTION OF ANNEXATION OF SAID LANDS INTO THE CITY OF CAS SELBERRY AND WITHIN THE LANDS TO BE ANNEXED AT AN ELECTION TO BE HELD JULY 13, 2004; PROVIDING FOR A POLLING PLACE AND A CANVAS SING BOARD; DIRECTING THE CITY CLERK TO FILE CERTIFIED COPIES OF THE ORDINANCE WITH THE CLERK OF COURT AND THE SECRETARY OF STATE OF THE STATE OF FLORIDA; AND PROVIDING FOR CODIFICATION, CONFLICTS, SEVERAB1LITY, AND EFFECTIVE DATE." Legal Advertisement: The Notice of Public Hearing relative to Ordinance 04-1130 was published in the Orlando Sentinel on April 29, 2004. Staff Presentation: Mr. Wells stated in accordance with Section 171.0413, Florida Statues, Ordinance 04- [ 130 provides for a referendum for annexation of the San Pedro Center Property and adjacent parcels located north of Howell Branch Road and south and east of Lake Howell. The owner of the San Pedro Center, the Catholic Diocese of Orlando, expressed a desire of annexing into the City. City staff prepared an urban services plan in support of the annexation and provides basis for the referendum. The subject annexation area generally meets the statutory criteria for annexation as established in Chapter 171, Florida Statutes. If adopted, a special referendum election will be held among the registered voters of the lands to be annexed on July 13, 2004. The election will be held in the City Commission Chambers in City Hall from 7 a.m. to 7 p.m. Majority vote of the eligible registered voters will determine whether or not the subject lands are mmexed into the City, Mr. Clifton noted that he advised the Seminole County Manager of the City's ongoing annexation discussions with San Pedro Center approximately six weeks ago at a Mayors/Managers meeting. Mr. Clifton stated the City was in receipt of a request from Seminole County to delay action on Ordinance 04-1130 until the County has had the opportunity to coordinate with the City and evaluate the impacts to County services and facilities. Mr. Clifton distributed an inter-office memorandum with attachments of a recent Orlando Sentinel article on the proposed annexation and the May 7, 2004 letter from Seminole County requesting the delay of action to the City Commission. Said May 10, 2004 inter-office memorandum with attachments recommended approval of Ordinance 04-1130 on f~rst reading and is attached to and made a part of these minutes. Mayor Pronovost arrived at 7:48 p.m. to the meeting. Vice Mayor Clark passed the gavel to Mayor Pronovost. Public Hearing: Mayor Pronovost asked if there was anyone in the audience that wished to speak either for or agffmst Ordinance 04-1130. The following individnals came forward: 1) Matthew Smith, attorney with the firm of Akerman Senterfitt, representing the Catholic Diocese of Orlando, 255 Orange Avenue, Orlando, spoke in favor of Ordinance 04-1130. Mr. Smith noted Mr. Bob Gardner of the Diocese San Pedro Committee, Joe Calabrese, consultant for the Diocese, Tom Gelneck of the San Pedro Retreat, and Father Carl Fasick were present in support of Ordinance 04-1130. 2) Jim Bishop, 1441 Place Ven Dome, Winter Park, stated he was the developer of the subdivision that is part of the subject annexation and spoke in favor of Ordinnnce 04-1130.