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HomeMy WebLinkAbout_2003 07 14 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 14, 2003 CALL TO ORDER The Workshop of Monday, July 14, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Mayor John F. Bush, present Deputy Mayor Robert S. Miller, absent Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:32 p.m. After a moment of silence, the Pledge of Allegiance was recited. City Attorney Anthony A. Garganese arrived at 6:32 p.m. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 1. A. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. Mayor Bush, City Manager Ronald W. McLemore, and Members of the City Commission presented Employee Recognition Awards to the following City of Winter Springs employees: 5 Years Of Service: Ms. Nuri Gibbs, Public Works/Utility Department; Ms. Debbie Gillespie, Office of the City Clerk; Mr. Brian L. Griek, Police Department; and Mr. Jerry B. Sturdevant, Public Works Department. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14, 2003 PAGE 2 OF 22 15 Years Of Service: Mr. David Alamina, Community Development Department, Building Division; and Mr. Kevin Brunelle, Police Department. .:..:. AGENDA NOTE: THE FOLLOWING RESOLUTIONS WERE PRESENTED AT THE SAME TIME, AS DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS 2. B. Office Of The Mayor Presentation Of Resolution 2003-22 To Carol Fottler In Recognition Of Her Service To The City Of Winter Springs As A Member Of The Tree (Arbor) Ordinance Review Advisory Committee. A WARDS AND PRESENTATIONS 3. C. Office Of The Mayor Presentation Of Resolution 2003-23 To Darcy Meagher In Recognition Of Her Service To The City Of Winter Springs As A Member Of The Tree (Arbor) Ordinance Review Advisory Committee. AWARDS AND PRESENTATIONS 4. D. Office Of The Mayor Presentation Of Resolution 2003-24 To Brian Oliver In Recognition Of His Service To The City Of Winter Springs As A Member Of The Tree (Arbor) Ordinance Review Advisory Committee. AWARDS AND PRESENTATIONS 5. E. Office Of The Mayor Presentation Of Resolution 2003-26 To William Reischmann In Recognition Of His Service To The City Of Winter Springs As A Member Of The Tree (Arbor) Ordinance Review Advisory Committee. AWARDS AND PRESENTATIONS 6. F. Office Of The Mayor Presentation Of Resolution 2003-27 To Byron Giltz In Recognition Of His Service To The City Of Winter Springs As A Member Of The Tree (Arbor) Ordinance Review Advisory Committee. Mayor Bush presented Resolutions to Ms. Carol Fottler, Ms. Darcy Meagher, Mr. Brian Oliver, Mr. William Reischmann, and Mr. Byron Giltz in recognition of their contributions as Members of the Tree (Arbor) Ordinance Review Advisory Committee. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 3 OF 22 .:..:. AGENDA NOTE: THE REMAINING CERTIFICATE WAS NEXT PRESENTED, AS DOCUMENTED. .:. .:. AWARDS AND PRESENT A nONS 7. G. Office Of The Mayor Presentation Of Recognition Certificate. A "Certificate of Completion" for the 2003 Advanced Institute for Elected Municipal Officials was presented to Commissioner Sally McGinnis by Mayor Bush. Mayor Bush called a Recess at 6:41 p.m. The Meeting reconvened at 6:53 p.m. PUBLIC INPUT Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: thanked the City Commission for his Appointment to the Davis Properties Affordable Housing Due Diligence Committee. Ms. Melitta Perlangeli, 31 North 1st Court, Winter Springs, Florida: spoke about the zoning for the proposed Dollar General store and the proposed affordable Multi-housing development and noted that she did not think either project was suitable for this area. Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: remarked that the gate's near Smokey Allen's property were not attached correctly; and added that at Winter Springs Boulevard towards the Oak Forest Drive side, the sprinklers go on twice. Ms. Krebs asked if this could be fixed. Ms. Krebs added that the sprinklers now come on "Sometimes before 4:00 [a.m.] and then again at 5:00 [a.m.]. Additionally, Ms. Krebs commented on the "Unequitable distribution of ornamental vegetation along the wall at Oak Forest." Ms. Krebs further explained that "If you look north of Trotwood [Boulevard] - on Tuskawilla [Road], you will see nothing at the wall. If you look south of Trotwood [Boulevard] to Oak Forest Circle, you will see a big cluster effect, and actually you don't even get to see the wall - and then if you go south of Oak Forest Circle, it begins to get sparse and then virtually nothing." Mayor Bush said, "Mr. McLemore - you will get that to the Oak Forest" Wall and Beautification District Advisory Committee? Manager McLemore stated, "I have that noted. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 4 OF 22 .:..:. AGENDA NOTE: SEVERAL OF THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER DOCUMENTED. .:. .:. CONSENT CONSENT 8. A. Finance Department Requesting The Commission Approve Resolution Number 2003-39 To Proceed With The Non-Ad Valorem Tax Assessment For Streetlighting Within The Country Club Village Subdivision. Brief discussion. CONSENT 9. B. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute An Exclusive Beverage Agreement With The Pepsi Bottling Group For Concessions At Central Winds Park. Brief discussion. CONSENT 10. C. Police Department Requests The Commission To Give Approval For The Purchase Of (4) Mobil Video Camera's, (1) Used 2001 Volkswagen Jetty, Currently Used By The School Resource Officer At Winter Springs High School, And (1) Used 2000 Jeep Grand Cherokee From The Special Law Enforcement Fund (State And Federal Asset Forfeitures). CONSENT 11. D. Public Works Department Requesting Supplemental Appropriation For The Tuscawilla Lighting And Beautification District Maintenance Fund. Brief discussion. CONSENT 12. E. Utility Department Requesting City Commission Approval To Enter Into A Contract For The Construction Of Sewer Force Main Improvements. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14, 2003 PAGE 5 OF 22 CONSENT 13. F. Office Of The Mayor Resolution Number 2003-31, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Roy Prince For His Service As Alternate To The South Seminole And North Orange County Wastewater Transmission Authority. CONSENT 14. G. Office Of The City Manager Requesting That The City Commission Authorize A Supplemental Appropriation In The Amount Of $6,000.00 From The General Fund To Line Code 11 00-54800 (Promotional Activities) To Cover The Upcoming Expenses Needed For The August 8, 2003 Advisory Board And Committee Appreciation Dinner. CONSENT 15. H. Office Of The City Clerk Approval Of The June 9, 2003 City Commission Regular Meeting Minutes. CONSENT 16. I. Office Of The City Clerk Approval Of The June 23, 2003 City Commission Regular Meeting Minutes. CONSENT 17. J. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For State Road 434 Medians And Rights Of Way. CONSENT 18. K. Public Works Department Requesting Supplemental Appropriation For The Repairs And Maintenance Of City Hall. CONSENT 19. L. Parks And Recreation Department Requesting The City Commission To Reject Bid Number RFP-013-03CP By Fred's Franks For Concession Services And Direct Staff To Continue City Operation Of The Concession Implementing The Consultant "Profitable Food Facilities" Recommendations. Mayor Bush stated, "Can I have a Motion on the Consent Agenda?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 6 OF 22 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 20. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL 21. B. Not Used INFORMATIONAL 22. C. Information Services Department Wishes To Update The Commission On The Status Of The I.T. [Information Technology] Plan Created In FY 2002. INFORMATIONAL 23. D. Parks And Recreation Department Wishes To Inform The City Commission About The Senior Transportation Program. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 7 OF 22 PUBLIC HEARINGS PUBLIC HEARINGS 24. A. Office Of The City Attorney Requests The City Commission Reconsider The Carroll Property Annexation Ordinance. [On Remand From The Circuit Court Of Seminole County, Florida, The City Attorney Requests That The City Commission Approve On First Reading Ordinance Number 2003-27 That Would Annex Approximately Ten (10) Acres Of The Carroll Property ("Carroll Property").] "MOTION TO READ ORDINANCE 2003-27 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Curtis W Mann, 233 Carolyn Drive, Oviedo, Florida: stated that "My wife and I own the property immediately adjoining the Carroll property to the west; Winter Springs City Limits adjoins us on the north side and we just wanted to say we have no problems with the annexation of the property." Ms. Janet Mann, 233 Carolyn Drive, Oviedo, Florida: spoke from her seat and said that she agreed. Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: showed some personal ads of previous city advertisements that he had saved and added that he did not agree with advertising in the Sanford Herald. Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: spoke of newspaper articles and accuracy. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 8 OF 22 Manager McLemore spoke for the record about previous legal actions. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR REGULAR 25. A. Information Services Department Requesting Official Authorization To Utilize The Current City Commission Office Located In The West Wing Of City Hall For Additional Staff Office Space That Is Needed. With discussion, Commissioner Michael S. Blake stated, "I would ask as to whether or not it makes sense to use that office for the IT [Information Technology] Department? Would it make more sense to move Finance or some other Department, so the IT [Information Technology] people would be clustered more closely together?" Manager McLemore stated, "I think that certainly is a good statement and we will take a good look at that." Commissioner Edward Martinez, Jr. inquired, "Where are we going to be picking up our mail?" Mayor Bush said, "The [City] Manager and the [City] Clerk will let everybody know." "I WILL MAKE A MOTION THAT WE APPROVE ITEM 'A' - ON THE REGULAR AGENDA." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 9 OF 22 REGULAR 26. B. Information Services Department Wishes To Present To The Commission The New Revamped City Web Site And Requests Approval To Move Forward With The Site Implementation Plan. Ms. Joanne Dalka, Information Services Department Director introduced this Agenda Item and stated, "If you approve this, we will have the site up and running live, as of August 31st," Mr. Tony Palmiotti, 212 Panorama Drive, Winter Springs, Florida: presented a sample of the City's proposed new Website. Tape IISide B Commissioner Blake stated, "Right there on the Home Page, the 'Weather Channel,' I would rather we weren't advertising or using the space that advertises some other entity." Commissioner Blake then suggested using a different source for weather information. Mr. Palmiotti stated, "That is well noted and definitely understood." With further comments by both Commissioner David W. McLeod and Commissioner Blake regarding the "Weather Channel" icon, Mr. Palmiotti stated, "I think you both agree on the same thing. I think we just don't want to advertise a commercial company." Commissioner Blake suggested, "The 'National Weather Service' would be better -at least then it is a governmental organization." "I MAKE A MOTION TO APPROVE ITEM 'B.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 27. C. Not Used CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 10 OF 22 REGULAR 28. D. Community Development Department - Planning Division Requests That The City Commission Consider Revising The October 1, 2003 Compliance Date For Dumpsters In Place Prior To The Adoption Of Ordinance 2002-13.Which Established Minimum Standards For The Screening Of Dumpsters. Discussion. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department addressed this Agenda Item. "I MOVE WE APPROVE ITEM 'D.'" MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 29. E. Not Used REGULAR 30. F. Office Of The City Manager Requesting The Commission Consider Information On Implementing A Purchasing Card Program And Provide Direction. Discussion. , "I WOULD LIKE TO MAKE A MOTION WE GO FORWARD ON THE PURCHASING CARD PROGRAM AND DIRECT THE CITY MANAGER TO BRING US BACK A PROGRAM FOR APPROVAL WITHIN EIGHT (8) WEEKS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14, 2003 PAGE 11 OF 22 REGULAR 31. G. Information Services Department Requests That The City Commission Provide Direction Relative To The Acceptance Of Credit Cards, Debit Cards, And Bank Drafts As Additional Ways For Customers To Pay For City Services Such As Utility Bills, Parks And Recreation Services, And Community Development Services. Ms. Dalka reviewed certain aspects of this proposed program. Discussion. Commissioner Blake inquired, "Do you know what the flat fee is?" Ms. Dalka stated, "I am. not sure." Commissioner Blake then asked, "Do you know anything about the financial viability of 'Speedpay?'" Commissioner Blake then asked, "Is there an issue if they should become insolvent, whereby they have collected money from citizens but have not remitted it to us?" Commissioner Blake added, "Have we looked at that?" Furthermore, Commissioner Blake stated, "We just want to make sure we look at that aspect of it, I think, before we are to use it." Commissioner Blake then said, "I would be in favor of utilizing them as well, as long as we had some sort of a surety program in place that would protect - the initiation of that service as well as the' ACH' - the check draft service would make a lot of folks happy in the City." Discussion. Tape 2/Side A "I AM GOING TO MAKE A MOTION THAT WE APPROVE ITEM 'G' USING STAFF RECOMMENDATION - THE FIRST ONE, 'THE CITY COMMISSION AUTHORIZE THE ACCEPTANCE OF DEBIT AND CREDIT CARDS FOR UTILITY BILLING PAYMENTS USING SPEEDPAY. IMPLEMENTATION SHOULD NOT BEGIN UNTIL AFTER A POLICY HAS BEEN CREATED AND ADOPTED BY THE COMMISSION.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO INCLUDE BANK DRAFTS." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 12 OF 22 VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner McLeod inquired, "The question is how long is it going to take us to implement it?" Ms. Dalka responded, "The end of this fiscal year." REGULAR 32. H. Office Of The City Clerk_ Requests That Members Of The City Commission Make The Remaining Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2003 - Specifically Regarding Members Of The Board Of Adjustment; The Code Enforcement Board; The Planning And Zoning Board/Local Planning Agency; And The Terms Of Office Which Will Be Expiring In August 2003 - Specifically Regarding Members Of The Oak Forest Wall And Beautification District Advisory Committee. Discussion. "MOTION TO REAPPOINT JACK T AYLOR TO THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I WOULD LIKE TO APPOINT RICHARD GENNELL TO THE CODE ENFORCEMENT BOARD." MOTION BY COMMISSIONER MARTINEZ. MAYOR BUSH STATED, "RICHARD [GENNELL], DID YOU WANT TO SERVE ON THE CODE ENFORCEMENT BOARD?" FROM THE AUDIENCE, MR. RICHARD GENNELL STATED, "THANK YOU, BUT NO." COMMISSIONER McGINNIS STATED, "I WOULD LIKE TO MAKE ONE NEXT TIME, I HAVE SOMEBODY WHO HAS WRITTEN TO ME." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 13 OF 22 "MOTION TO REAPPOINT ROSANNE KARR" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Regarding' the seat held by Bill Fernandez on the Plmming and Zoning Board/Local Plmming Agency, Commissioner McLeod stated, "I will fill that at the next Meeting." "I WOULD LIKE TO REAPPOINT PAUL KREBS" TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 33. I. Office Of The City Clerk Requests That The City Commission Make An Appointment To Replace Mr. Roy Prince Who Prior To His Recent Resignation Has Served As The City Of Winter Springs' Alternate To The South Seminole And North Orange County Wastewater Transmission Authority. No Appointment was made at this Meeting. Mayor Bush stated, "Put that on the Agenda for the next time." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 14 OF 22 REGULAR 34. J. Office Of The City Manager/Office Of The City Clerk Request That Members Of The City Commission Make The Remaining Appointments For The Newly Organized Ad-Hoc Committee Referred To As The Davis Properties Affordable Housing Due Diligence Committee. MOTION TO APPOINT "LURENE L YZEN" TO THE DAVIS PROPERTIES AFFORDABLE HOUSING DUE DILIGENCE COMMITTEE. MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "I WOULD LIKE TO APPOINT DICK CRENSHAW AND BYRON GIL TZ" TO THE DAVIS PROPERTIES AFFORDABLE HOUSING DUE DILIGENCE COMMITTEE. MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner McGinnis stated, "I nominated Jim Charles, who is President of the Greenspointe HOA [Homeowner's Association]." City Clerk Andrea Lorenzo-Luaces stated that "The latest I heard from him was that he called me and was just leaving North Carolina and he said he would be back in town tomorrow - but then he is leaving again from July 24th through the [July] 29th." Commissioner McGinnis then clarified that her Appointment included Jim Charles - "Of course, if he is still here. Then I would like to have Jerry Ross and he would represent the Highlands Homeowner's Board." Mayor Bush said, "He would be an Alternate then - is that correct?" Commissioner McGinnis explained, "He would be one of my two (2). Now I have not spoken to him, I left a message on his machine today." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14, 2003 PAGE 150F22 "MY TWO (2) APPOINTEES THEN ARE PAUL BUSCEMI AND JIM CHARLES. MY ALTERNATES WOULD BE JERRY ROSS AND IRV LAMPERT." MAYOR BUSH THEN STATED, "MR. [JERRY] ROSS WOULD BE THE FIRST PERSON TO REPLACE YOUR OTHER TWO (2)." COMMISSIONER McGINNIS STATED, "YES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Manager McLemore then asked, "I need to know if there is any interest by any of the Commissioners about going on this trip?" Commissioner Blake stated, "Give us the date Ron [McLemore]." Commissioner McLeod said to Manager McLemore, "Set a date." Brief discussion. "I MOVE WE PLAN THE DUE DILIGENCE TRIP FOR THE 2STH - A MONDAY." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. MOTION TO HOLD THE DUE DILIGENCE TRIP ON "SATURDAY, JULY 26, 2003." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner McGinnis then suggested, "I would recommend, that in order to have a full complement of the community, that other people appoint Alternates.'-' Mayor Bush inquired, "Does any other Commissioner wish to appoint an Alternate or Alternates?" Commissioner McLeod stated, "That wasn't part of our Agenda Item." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 16 OF 22 ADD-ON REGULAR 44. K. Finance Department Requests The City Commission Decide Issues Related To Health Insurance. Manager McLemore introduced this Agenda Item and asked the City Commission to consider, "The proposal we talked about where employees will be given the option of opting out, when they have coverage with - a spouse. In order to do that, we would have to deal with a situation where the employer (us) would. not be able to pay 100% of costs - United[Healthcare] has agreed I think to ninety-nine percent (99%) - the City would pay ninety-nine percent (99%), the employees would pay for one percent (1 %) in order to create that option. Also, it was recommended that in order to get employees to take that option that we would provide some incentive for the simple reason that it does save the City a lot of money, but there is no requirement for them to drop that policy with us, thereby allowing us to have that opportunity to save money, so there was a thought that we need to provide some kind of an incentive for those employees who choose to opt out of our Plan." Furthermore, Manager McLemore stated, "We do not have to offer an incentive. Will people do it anyhow? I have heard it both ways. The idea to save the maximum amount of money - would be to provide some incentive." With further comments, Manager McLemore suggested, "My recommendation is obviously go ahead - and let's give this contract formally to United[Healthcare], so we can start explaining it to our employees." Mayor Bush stated, "Mr. McLemore is recommending number 7 - Plan 7. Employees pay twenty-five percent (25%) for coverage and keep the subsidy the same - opt out of the plan allowable - City incentive to employees of 100 a month." "I WOULD LIKE TO MAKE A MOTION THAT THE CITY AWARD THE HEAL THCARE CONTRACT TO UNITEDHEAL THCARE - PLANS 399T AND 499T." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 17 OF 22 "I WOULD LIKE TO MAKE A MOTION THAT THE CITY UTILIZE THE COST SHARING ARRANGEMENT FOR THE PROVISION OF HEALTH CARE BENEFITS FOR THE EMPLOYEES DESIGNATED AS OPTION NUMBER 7." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner McLeod stated, "I want to make sure - number 7, says only 399, is that not correct? And if you are going with a percentage to opt out, are you saying you are only going to let them opt out of 399?" Manager McLemore stated, "I don't think so. I think you are agreeing to do number 1, and Alternative number 7." REPORTS REPORTS 35. A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese distributed a letter that he received from "Legal Counsel representing James Doran Company" and explained that "The bottom line is the City Commission adopted a Policy - the Policy requires that there be a - minimum of fifteen feet (15') between the petition and the storefront of buildings located in the Town Center, and those buildings located across the frontage street. They are objecting to that Policy for numerous reasons." Attorney Garganese added, "They are requesting that the City Commission suspend that Policy. They believe it is hurting their ability to get tenants." Then Attorney Garganese said to the City Commission, "The issue to the Commission is do you want to suspend this Policy while it is being reviewed?" Discussion. Next, Attorney Garganese stated, "If the Commission wants to keep this Policy, then I would recommend that we come to the Commission at the next Meeting and adopt it by Ordinance immediately, and put the other Town Center updates on the back burner. That would put you in a stronger position." Manager McLemore stated, "I think we should go on record stating that we are willing to review this policy as provided in the Development Agreement and that during that time, there will be no approval of any. tenant spaces until such time as we complete that process. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 18 OF 22 Tape 2/Side B Further discussion. Commissioner McLeod suggested, "The Developer, the City Manager and the two (2) Attorney's get together, perhaps with our Consultant over the next couple of weeks and sit down and see what you can resolve - and bring it back to us? Can you resolve it or can't you resolve it?" Manager McLemore stated, "We can attempt that." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY ATTORNEY TO PROCEED AS HE SUGGESTED - AND BRING BACK A REPORT TO US FOR US TO TAKE FINAL ACTION ON." MOTION BY COMMISSIONER MARTINEZ. ATTORNEY GARGANESE CLARIFIED HIS PREVIOUS COMMENTS BY SAYING, "LET ME ITEMIZE THE ISSUES. ONE IS THE SUSPENSION OF THE POLICY - SUSPENDING THE FIFTEEN FOOT (15') PETITION POLICY THAT YOU ADOPTED IN JANUARY - CONTINUE REVIEWING THAT POLICY AND THIS WHOLE ISSUE WITH VICTOR DOVER AND REPORT BACK TO THE COMMISSION. IN ADDITION, DURING THAT TIME PERIOD, DISCUSSING THIS WHOLE POLICY AND ISSUE WITH JDC [JAMES DORAN COMPANY], COOPERATIVELY SEEING IF WE CAN HAVE SOME MEETING OF THE MINDS. I THINK IF THERE ARE ANY APPLICATIONS DURING THIS TIME PERIOD, I THINK THE CITY SHOULD APPLY THE EXISTING CODE WHICH REQUIRES THE MAIN ENTRANCES BE ON STREET FRONTAGES AND THE ONLY OTHER ISSUE IS SUSPENDING THE APPLICATION - WHICH I lDON'T THINK IS A GOOD IDEA." MOTION DIED FOR LACK OF A SECOND. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DO NOT SUSPEND THE POLICY; THAT WE DIRECT STAFF TO BRING US BACK THE FIRST READING OF AN ORDINANCE SOLIDIFYING THE POLICY AT OUR NEXT REGULARLY SCHEDULED MEETING; THAT STAFF IS DIRECTED TO CONTACT THE DEVELOPER OR THE DEVELOPER'S ATTORNEY TO ARRANGE AS MANY MEETINGS AS POSSIBLE WITHIN THE NEXT THIRTY (30) DAYS IN ORDER TO COME TO SOME ALTERNATIVE SOLUTION THAT PROTECTS THE TOWN CENTER'S PRIMARY SPACE." COMMISSIONER BLAKE ADDED, "THIS ALL IS PERTAINING TO THE FIFTEEN FOOT (15') RULE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 190F22 VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. Discussion. "I WOULD MAKE THE MOTION THAT WE DO SUSPEND THE PRESENT - POLICY OF THE FIFTEEN FOOT (15') PARTITIONS AT PRESENT, FOR A PERIOD OF THIRTY (30) DAYS, TO ALLOW THE TWO (2) SIDES TO SIT DOWN AND DISCUSS THE ISSUES WITH OUR PLANNER, OUR ATTORNEY, OUR CITY MANAGER - THEIR PLANNERS, PROPERTY OWNERS, AND ATTORNEY. THIS IN NO WAY WILL CHANGE - OUR PRESENT TOWN CENTER CITY CODE REQUIREMENT FOR THE ENTRANCE TO BE AT THE FRONT OF THE STREET - MAIN STREET." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Tape 3/Side A "I WOULD LIKE TO AMEND THE MOTION TO - DIRECT THE CITY ATTORNEY TO BRING BACK AN ORDINANCE REINFORCING THE POLICY IN PLACE." AMENDMENT TO THE MOTION BY COMMISSIONER MARTINEZ. AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND. COMMISSIONER McLEOD SAID, "FIND A WAY TO RESOLVE THIS IF YOU CAN IN THE NEXT THIRTY (30) DAYS, WHICH YOU SAID YOU THINK YOU CAN, AND BRING US BACK THAT SOLUTION - THEN LET'S DISCUSS PUTTING AN ORDINANCE TOGETHER WITH THAT AS THE SOLUTION." VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Secondly, Attorney Garganese stated, "Jeff Buak in my office passed the Certification Exam - he is now Board Certified by the Florida Bar in City, County, Local Government Law. He is one of your Assistant City Attorneys." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETrNG - JULY 14,2003 PAGE 20 OF 22 REPORTS 36. B. City Manager - Ronald W. McLemore No Report. REPORTS 37. C. City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces asked if the City Commission wanted to have the Appointees to the Davis Properties Affordable Housing Due Diligence Committee invited to the Advisory Board and Committee Appreciation Dinner scheduled for Friday, August 8, 2003. All Members of the City Commission stated, "No." REPORTS 38. D. Commission Seat Two - Michael S. Blake Commissioner Blake spoke of the recent 4th of July event and stated, "Great job - thanks! " REPORTS 39. E. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez remarked that "A few months ago I requested of you that you draft a Resolution - supporting our boys in the Armed Forces." Mayor Bush stated, "I have asked the Clerk to do that." Secondly, Commissioner Martinez asked about the status of the Open Container Ordinance. Attorney Garganese stated, "I know I have discussed the matter with the City Manager and Police Chief to come up with yet another draft Ordinance for you - to consider." Attorney Garganese added, "It is in the drafting stages." Next, Commissioner Martinez spoke of a "Couple of people over near the Howell Creek Drive entranceway to Tuscawilla - one of the six (6) or seven (7) entrances that are under construction or are in the final stages - they are very concerned about the water pipe." Manager McLemore stated, "I will have to get with Kip [Lockcuff, Public WorkslUtility Department Director] on that." Commissioner Martinez added, "I will give you this letter and would you please contact these people." Manager McLemore stated, "Sure." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14, 2003 PAGE 21 OF 22 REPORTS 40. F. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke of being proud to serve on this City Commission, and added, "My hope for the next part of my term is that all of us will try very hard to be kind to people who appear before us and to each other - and be civil at all times." REPORTS 41. G. Commission Seat Five - David W. McLeod Commissioner McLeod commented about "The payment of the water bills - I am really glad to see that we have finally come forward with that." Secondly, Commissioner McLeod inquired about the status of Accessories Buildings and asked when this will be back before the City Commission for discussion. Manager McLemore stated, "That is in the works - quite possibly at your next Meeting." Commissioner McLeod added, "I would hope we could get something resolved." Commissioner McLeod added, "I would like to thank our Staff. I continue to see - the information in front of us, seems to be getting better and better. I would like to thank Staff for that. Somebody is putting a lot of thought and effort in trying to pass information forward - so, thank you!" REPORTS 42. H. Commission Seat One/Deputy Mayor - Robert S. Miller Absent. REPORTS 43. I. Office Of The Mayor - John F. Bush Mayor Bush also complimented Staff on the recent 4th of July event and stated, "Good job all the way around!" Next, Mayor Bush said that some citizens did not get the latest newsletter with the flyer about the 4th of July event, until after the event, and suggested that we should work on improving this for the future. With discussion, Mayor Bush added, "You might want to contact S.W.O.P. -let S.W.O.P. do our mailing, they seem to be able to get things out on time." Mayor Bush then commented on a recent arrest. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 14,2003 PAGE 22 OF 22 ADJOURNMENT Mayor Bush adjourned the Meeting at 10:04 p.m. RESPECTFULLY SUBMITTED: ZO-LUACES, CMC APPROVED: . ~~"-;- ... .... ,~- , J- _c -\~~ --~ ..~.! , F. BQSHi:: ;; A YOR" ..:.-; ;" ~.' (.>- ( :. ." ;., ./. ~I.' r,' .. f .'. -- ~'-:- {" ..," ~ . . NOTE: These Minutes were approved at the July 28, 2003 Regular City Commission Meeting,