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HomeMy WebLinkAbout_2003 09 08 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 8, 2003 CALL TO ORDER The Regular Meeting of Monday, September 8, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:40 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, present 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, present Following a moment of silence, the Pledge of Allegiance was led by Mayor Bush. During a brief discussion of Agenda Changes - Regular Item 27 - "I," Manager McLemore stated, "We have had a request to remove that from the Agenda tonight." Mayor Bush said to Manager McLemore, "Do you expect this to be on the next Agenda?" Manager McLemore responded, "I would hope so." Mayor Bush added, "Regular 'I' has been pulled and will be on a future Agenda." AWARDS AND PRESENTATIONS None. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke about a piece of property that might be a suitable replacement for the temporary Paw Park. CITY OF WINTER SPRfNGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 2 OF 30 Mr. Mike Perry, 423 Quay Assisi, New Smyrna Beach, Florida: handed out a photograph and then commented on the Ordinance that deals with dumpster screening. Mr. Perry spoke of property he owns in Winter Springs (424 North Edgemon Avenue) and asked that this Ordinance be reconsidered. Mr. Perry then stated, "I'd be glad to put a gate in the front, or some other type enclosure, but to have to put a concrete block wall that meets all those codes with engineering specs and everything. ..)." Discussion ensued on whether a Variance was needed for this Property Owner. Mayor Bush said to Mr. Perry, "You need to probably talk with Mr. [John] Baker, [AICP, Senior Planner, Community Development Department]; or Eloise [Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department]; or the [City] Manager [Ronald W. McLemore] about procedures on how to move forward." Mr. Perry then stated, "I had asked her about a Variance and you know, she told me I would have to show some kind of hardship and it would only be financial." Mayor Bush said, "Talk to Mr. McLemore then." Mr. Perry responded by saying, "Okay, I'll do that." Commissioner Michael S. Blake said, "How does Staff, Mr. McLemore explain to folks what is required in order to receive a Variance?" With further discussion, Commissioner Blake stated, "If they think they have to show some sort of hardship, I don't recall that being one of the six (6) Criteria - in fact I believe it is not even one of the six (6) Criteria." Commissioner Blake then added, "When the gentleman just said to this Commission that when he asked about a Variance, he was told he said, that he would have to show some sort of a hardship, and whether or not that is what he was told, if that is what he heard, then we are not doing a good enough job in making sure folks understand what is required to go through the Variance process and be successful." Manager McLemore said, "I agree." Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: on behalf of the Highlands Homeowner's Association, Ms. Schwarz discussed an email and remarked about the proposed Dollar General store. Ms. Schwarz also noted her concerns with the construction materials for the wall, and Traffic Study issues. As a citizen, Ms. Schwarz then spoke in opposition to the Agenda Item which deals with a proposed billing rate increase for the City's Labor Attorney. Mr. Dennis Barr, 11 0 'Calty Lane, Orlando, Florida: spoke in favor of the Scottish Highland Games Agenda Item. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: spoke on Agenda Item Regular 'I' (which has just been pulled from tonight's Agenda) and hoped the City Commission would "Stand firm with Developers on this issue." Ms. Tackaberry also commented on the new Arbor Code which is being reviewed by Attorney Garganese and suggested that it be placed on an upcoming Agenda. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 3 OF 30 City Attorney Anthony A. Garganese stated, "It is coming for First Reading at the next Commission Meeting." Ms. Marsha Lapp, 307 Woodleaf Drive, Winter Springs, Florida: spoke in opposition to new taxes. Mr. Harold Scott, 374 Twelve Oaks Drive, Winter Springs, Florida: remarked that the Minutes from the August 25, 2003 City Commission Regular Meeting that are on this Agenda for approval, are different from the audiotape. Mr. Byron Giltz, 1001 Troon Trace, Winter Springs, Florida: commented in favor of the Agenda Item dealing with the removal of a tree in the Greenbriar subdivision. PUBLIC HEARINGS (PART I) PUBLIC HEARINGS 1. A. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2003-33, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2003-2004 For The City Of Winter Springs At 4.4196 Mills Which Is 12.28% Above The Rolled-Back Rate Of 3.9362 And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2003-2004 For The City Of Winter Springs At .2500. During a brief discussion on the Budget, Manager McLemore stated that "What we have adopted has been what you directed at the last Budget Session. We have included those things. There is the new issue on the Table relative to ADA - I did point out to you that does have some Millage implication. We can certainly take that under consideration when we deal with the Budget." Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: asked where money is going and did not think the Millage Rate should be increased. The "Public Input" portion of this Agenda Item was closed. With discussion, Commissioner Sally McGinnis stated, "I would encourage all of you to stay tuned to the Winter Springs Website during the next cycle of Budget Hearings, and please attend" future Budget Workshops. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 4 OF 30 Discussion. "I WILL MAKE A MOTION THAT WE - APPROVE THIS RESOLUTION 2003- 33." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 2. B. Office Of The City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of: · Resolution Number 2003-34, Establishing The Tentative Budget For Fiscal Year 2003-2004. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE RESOLUTION 2003-34." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER BLAKE SPOKE OF THE BUDGET PROCESS AND SUGGESTED, "MAYBE WE OUGHT TO BE REQUIRED TO SEND OUT A NOTICE THAT SAYS, WE ARE WORKING ON THE BUDGET, NOW IS THE TIME TO COME IN AND START TALKING TO US." Tape I1Side B FURTHER DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 5 OF 30 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CONSENT CONSENT 3. A. Community Development Department Requesting Commission Approval And Acceptance Of The Naming Of Three Streets Beginning With The East State Road 434 Entrance Into Winter Springs High School And Central Winds Park. (This Agenda Item Will Be Scheduled For The September 22,2003 Agenda). CONSENT 4. B. Finance Department Recommending The City Commission Adopt Resolution 2003-29 Which Provides For The Commissions Approval Of The Assessment Rolls For The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification District For FY 200312004 And Directs That The Assessment Rolls Be Certified To The Seminole County Tax Collector. Discussion. CONSENT 5. C. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. CONSENT 6. D. Public Works Department/City Forester Recommends Removal Of Trees Located At City Hall That Are Currently A Maintenance Problem Due To Health And Location. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 6 OF 30 CONSENT 7. E. Public Works Department Requesting Authorization To Pursue FDOT [Florida Department Of Transportation] Safety Funds For The Turn Lane On To Moss Road From State Road 419. CONSENT 8. F. Information Services Department Requesting Authorization To Purchase Equipment From State Contract To Complete Two (2) Projects On Information Technology Strategic Plan. CONSENT 9. G. Office Of The Mayor Resolution Number 2003-38 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Bill Fernandez For His Service On The Planning And Zoning Board/Local Planning Agency. CONSENT 10. H. Office Of The Mayor Resolution Number 2003-40 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Jerry Ross For His Service On The Code Enforcement Board. CONSENT 11. I. Parks And Recreation Department Requesting Approval To Make Changes In The Florida Recreational Development Assistance Program Grant (FRDAP) Approved On August 11, 2003. Discussion. CONSENT 12. J. Office Of The City Clerk Approval Of The August 25, 2003 City Commission Regular Meeting Minutes. Commissioner Blake stated, "I would like to have Item '12.' pulled off the Agenda for separate consideration." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 7 OF 30 "I MAKE A MOTION THAT WE - APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF ITEM '12.'" MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED SEPARATELY, AS DOCUMENTED. .:..:. CONSENT CONSENT 12. J. Office Of The City Clerk Approval Of The August 25, 2003 City Commission Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION TO TABLE ITEM - CONSENT 'J.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BLAKE EXPLAINED THAT, "WE HAVE HAD A MEMBER OF THE PUBLIC QUESTION THE VALIDITY OF THE MINUTES, AND I THINK IF WE JUST TABLE IT BEFORE WE APPROVE IT - WE WILL GIVE THE CLERK AN OPPORTUNITY TO HAVE HER STAFF LOOK THROUGH THERE AND MAKE ABSOLUTELY CERTAIN THAT IT IS CORRECT." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush said to Ms. Andrea Lorenzo- Luaces, City Clerk, "I think what the Commissioner was indicating Andrea [Lorenzo-Luaces], that you would have a chance to look these over." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 8 OF 30 INFORMA TIONAL INFORMATIONAL 13. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Edward Martinez, Jr. stated, "I am just requesting that they remove from the list the 'Little Cypress' item." Mayor Bush added, "That is a good point - take it off." Manager McLemore said, "We'll do it." INFORMATIONAL 14. B. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. INFORMATIONAL 15. C. Public Works Department Advising The City Commission Of The Quantity Of Garbage Complaints This Year. INFORMATIONAL 16. D. Information Services Department Wishes To Update The Commission On The Status Of The LT. [Information Technology] Plan Created In FY 2002. "MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 9 OF 30 PUBLIC HEARINGS (PART II) PUBLIC HEARINGS 17. C. Office Of The City Attorney Requesting The City Commission Adopt On Second And Final Reading Ordinance 2003-33 Relating To The Creation Of A Local Public Nuisance Abatement Board, In Accordance With Chapter 893, Florida Statutes. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WILL MAKE A MOTION TO APPROVE ITEM 'c' - ORDINANCE 2003-33." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 18. D. Office Of The City Attorney Presents To The City Commission For Approval On First Reading Ordinance 2003- 37 Relating To The List Of Permitted Uses Within The 1-1 Industrial Zoning District To Clarify That Contractor Storage Yards Are An Allowed Use. Mayor Bush said, "Could we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 10 OF 30 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and stated, "This is going to be First Reading. If approved on First Reading, we are going to advertise this Ordinance for two (2) more Public Hearings pursuant to the Florida Statutes. The Commission did direct that this Ordinance be prepared to address the concerns that were raised by the Industrial property owners during the Administrative Rezoning process at the last Commission Meeting. At that Meeting, I opined that storage yards are still permitted in the new Industrial Zoning District, but we are going to add some clarifying language to give those property owners a level of comfort they had under the previous Ordinance which specifically spelled out that contractor equipment and material storage yards are a Permitted Use in the Industrial Area." Commissioner Blake inquired of Attorney Garganese, "Is there any reason why we can't delay the future Readings while we go through the Workshop process to add the other uses that we desired to be placed into the 'I-I' Zone, and then just fold up into one amendment?" Discussion. Mayor Bush opened the "Public Input n portion of this Agenda Item. No one spoke. The "Public Input n portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2003- 37 TO A SECOND HEARING AT SOME FUTURE DATE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 11 OF 30 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. REGULAR REGULAR 25. G. Community Development Department Requests That The City Commission Remove From The Table The Final Engineering/Site Plan And Proposed Building Rendering For The Dollar General Store, Along With The Removal Of Four (4) Healthy Specimen Trees. Mayor Bush stated, "Requests That The City Commission Remove From The Table The Final Engineering/Site Plan And Proposed Building Rendering For The Dollar General Store, Along With The Removal Of Four (4) Healthy" Specimen Trees. "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Mr. Baker introduced this Agenda Item to the City Commission and stated, "The Site Plan remains unchanged - we do have a new Building Rendering from where the Applicant did meet with the City Manager and came up with this much more aesthetically appealing design." Mr. Dennis L. Wood, PE., 1925 Bartow Road, Lakeland, Florida: as the Site Engineer for this project, Mr. Wood addressed the City Commission regarding the changes that have been made. Commissioner McGinnis asked Mr. Wood to look at the "Split Faced" of the building and stated, "In looking at the color rendering, is that gray?" Mr. Wood responded by saying, "They designate the color as 'Quiver Tan. ", Commissioner McGinnis then said to Mr. Wood, "It is not that gray, industrial type look?" Mr. Wood said, "Correct." Commissioner McGinnis then stated, "Okay, that is good. Also - the condominiums on the other side of this building - that Homeowner's Association has reiterated their request also that the wall be brick. Furthermore, we would ask that any wall - that there be something in the Developer's Agreement that would mandate maintaining the wall, and keeping it clean." Mr. Wood said, "We have it identified as a 'Split Faced Block' wall which would be painted the same color - as the Faced Block on the other." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 12 OF 30 Mr. Wood then explained, "If you have been to the site and you stand in this area here - along this area here, that is probably about fifty (50) to 100 feet from the property line here is a group of real large Oak Trees that has a canopy that goes down basically to the ground. If you back this way, you can't even see these condos - and we are planning along that side there, just as a hedge - a continual hedge that goes around this side, along this side - if you will see the block wall, we show these brick - the reason we show this, they may be more than a couple of them, but there - this whole side is heavily wooded also - a lot of trees are not shown here. Our intentions are not to remove those trees, they will remain in place and we'll put the wall around the trees as best we can." Furthermore, Mr. Wood stated, "The question was asked last time, above the 'Split Faced Block,' this area here, there is no metal building features to this one; the metal building is no longer a portion. This is all conventional type construction - 'Split Faced Block,' above it will be stucco finished block and - and those are mostly - they look like real windows, but they're kind of windows - I call them fake windows, but you can't tell they're not real windows unless you go inside." Mr. Wood then spoke of landscaping and commented on the plantings along the perimeter - "There is a substantial lot of plantings along the west side, along the perimeter there that basically is on a kind of a berm above the retention pond." Next, Commissioner McGinnis inquired, "What color is the roof?" Mr. Wood stated, "They identify it on the plans as white - and there is nothing sacred about the white." Mr. Wood then said, "The color of the roof, and actually the color of the building if you wanted to - we are still going to have- if you vote to approve this - we're still going to have some time of going through the building permit process if someone from the City or someone from this Commission wants to - look at more depth to it and have a better idea of maybe another color blend - I don't think there is anything sacred about the color." Commissioner McGinnis stated, "I would recommend that be changed. And what do you have against real windows? Why are they not real windows?" Discussion. Commissioner David W. McLeod said to Manager McLemore, "I have to commend you for what you have done, in a short turnaround time. I think it is a 110 percent better looking building than what we were looking at a couple of weeks ago - and directed Staff - to look at those windows, what are they made out of?" Commissioner McLeod then said to Manager McLemore, "I would direct you to - with this Commission to give direction that perhaps we use the same type material that we are using on the windows over here - presently at the Town Center." Discussion. Deputy Mayor Robert S. Miller said to Mr. Wood, "The north wall, the north face, the back lot of your building - the back lot line opens up on the golf course, and there is a lot of residential stuff back there. I would prefer to see a wall on the north side." Furthermore, Deputy Mayor Miller added, "The wall on the east is good, but the - lack of a wall on the north seriously concerns me. I would like to see that included." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 13 OF 30 Next, Deputy Mayor Miller spoke on the proposed State Road 434 Village Walk, and stated, "We are going to put special lighting in on [State Road] 434. There is already special lighting on Sheoah Boulevard. It is 'Acorn' type lighting - we have 'Acorn' lighting in our Town Center. We are going to have 'Acorn' lighting along that roadway and I would seriously like to see you consider putting 'Acorn' lighting in the parking lot." Regarding traffic, Deputy Mayor Miller suggested that Staff consider traffic concerns such as potential u-turns and turning into the Highlands community. Deputy Mayor Miller also suggested that the entrance location be reconsidered. Commissioner Blake left the Commission Chambers at 8:14 p.m. Deputy Mayor Miller then stated, "I really prefer brick walls if at all possible. In that area I think it deserves a brick wall." Tape 2/Side A Next, regarding lighting issues, Mr. Baker stated, "If you look on your Lighting plan that is a part of the site plan in your packet, you will notice that they have not only the photometries, but they show the downward directed shoebox type lighting, so that would be a change to what was approved." Deputy Mayor Miller added, "I am not happy with the blueprints, the way they show up and I don't want someone to stand here with their Attorney six (6) months from now and say, well I am sorry, this is what was approved." Commissioner McGinnis asked, "I want to know what your plan is for how you are going to do your display." Mayor Bush added, "They want to see what the store is going to look like with your name on it, etcetera." Commissioner McLeod spoke of building materials and stated, "I think the' Split Faced' is fine, but I do think the top of that 'Split Faced' should not necessarily just be a poured top lintel - I think you need to put a cap on top of that wall. I think that would dress that wall up and be something more of what Commissioner Miller may be looking for. I think that would give it a -little richer ending to the 'Split Faced', than what you are doing in the poured lintel. So, if we do go with the 'Split Faced' Commissioners, I would recommend that we see that a cap is placed on top - a triangular cap feature on top of this wall." Mr. Wood addressed the "Acorn" lighting and stated, "I don't think we will have a whole lot of problem with that because we are probably talking about four (4)..." Mayor Bush added, "... So you would agree to that, if that is the case?" Mr. Wood responded, "Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8,2003 PAGE 14 OF 30 Mayor Bush then asked Mr. Wood about "The brick wall on the east side." Mr. Wood . responded, "What we would like to do is put the cap on the wall like the Commissioner suggested - make it look a little nicer instead of putting just the poured lintel on the top, which will dress it up. It matches the building - from the maintenance standpoint. At the same time they do their maintenance on the building, they can do the same maintenance on the walls at the same time. If it's necessary to do increased maintenance on the wall we will make sure that happens." Next, Deputy Mayor Miller referred to the artist's rendering, and commented on the landscaping as presented, and stated, "I would like to see these trees actually look like that when this store opens." "I WOULD MAKE A MOTION THAT WE DO APPROVE THE SITE PLAN WITH THE FOLLOWING CHANGES: CHANGE - THE COLOR OF THE SHINGLES TO BE APPROVED AT A LATER DATE, TO COME BACK THROUGH WITH STAFF, AND THE TOP OF THE LIGHTS TO BE CHANGED TO 'ACORN' TYPE LIGHTING... Commissioner Blake returned to the Commission Chambers at 8:25 p.m. ...AND THAT THE WALL BE THE 'SPLIT FACED' WITH - A TRIANGULAR CAP ON THE EAST WALL AND THAT THAT CAP NOT BE PAINTED THE SAME COLOR AS THE REST OF THAT WALL, BUT TO BLEND, EITHER TO BE A SAND CONCRETE OR TO BLEND WITH THE BUILDING, TO GIVE SOME DIFFERENCE OF THE TONES." COMMISSIONER BLAKE INQUIRED, "IS THE COMMISSIONER MAKING A MOTION TO APPROVE THE SITE PLAN SUBJECT TO THOSE ARCHITECTURAL DETAILS?" COMMISSIONER McLEOD STATED, "THAT IS CORRECT." MOTION BY COMMISSIONER McLEOD. COMMISSIONER McLEOD CONTINUED WITH HIS MOTION AND SAID, "THEY WILL HAVE LARGER CALIPER TREES." COMMISSIONER McLEOD THEN ADDED TO HIS MOTION "THAT THE DEVELOPER GET WITH OUR CITY ARBORIST TO BE ABLE TO PUT IN 'PREFERRED' TWO (2) LARGER TREES THAT THE ARBORIST WOULD AGREE UPON FOR THAT AREA." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE A BRICK WALL OR WHATEVER THE WALL IS ON THE EAST SIDE THAT EXTENDS AROUND ON THE NORTH SIDE - OF THE SAME MATERIAL..." AMENDMENT TO THE MOTION BY DEPUTY MAYOR MILLER. MAYOR BUSH ADDED, "...AS THE EAST." MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 15 OF 30 MANAGER McLEMORE SAID, "JUST A CLARIFICATION, I AM ASSUMING, THAT AS LONG AS THESE THINGS ARE DONE, THIS DOESN'T HAVE TO COME BACK TO THE COMMISSION?" MAYOR BUSH STATED, "I BELIEVE NOT FOR THE SITE PLAN, BUT I THINK THE COMMISSION WOULD CONTINUALLY WANT TO SEE WHAT THE ARCHITECTURAL LOOK OF THE BUILDING IS." COMMISSIONER McGINNIS STATED, "I WOULD LIKE TO SEE IT." DEPUTY MAYOR MILLER SAID, "SO WOULD I." COMMISSIONER McLEOD ADDED, "I WOULD LIKE TO SEE IT ALSO." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 21. C. Office Of The City Manager Requesting The Commission To Adopt Resolution Number 2003-41 Supporting The Levy Of One Penny Of Local Option Gas Taxes By The Seminole County Commission To Fund ADA Paratransit Services Beginning FY05 And Forward, And To Consider A Second Request Of Seminole County To Fund A $45,196.00 Share Of ADA Paratransit Service For FY04. Manager McLemore spoke on this Agenda Item. Mr. Kevin Grace, Seminole County Manager, 1101 East First Street, Sanford, Florida: addressed the City Commission. With discussion, Mayor Bush stated, "I just want to point out to the Commission that I was not at the Meeting where the Mayors and the Managers approved this." Manager McLemore then said to the City Commission, "If you approve this, that it is done contingent to the - County Commission adopting the one (1) penny, and I think you should make that as a condition." Deputy Mayor Miller stated, "I would like to Table the second part of this, and have a Meeting with the County, and Mr. Grace can be there, whoever else wants to be there." Deputy Mayor Miller added, "I would like to have a Meeting with the County, as soon as they want to hold it with whichever Commissioners want to go, and I would like to find out what exactly is going on." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 16 OF 30 Mayor Bush said, "Let's address the first Recommendation by Staff to - adopt the Resolution 2003-41 supporting the County Commission's actions to levy one (1) peIIDY of Local Option Gas Taxes to fund the ADA Paratransit services beginning in Fiscal Year '05 and forward." "AS YOU JUST WORDED IT - I WILL MAKE THAT MOTION." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BLAKE ASKED MR. GRACE, "WHAT HAPPENS UNDER THIS SCENARIO, IF THE BANK PORTION OF THAT RESERVE SHOULD GROW SIGNIFICANTL Y AND THE FUTURE COSTS ARE NOT ANTICIPATED TO EVER CATCH UP WITH IT?" MR. GRACE RESPONDED, "THOSE MONIES COULD BE USED BASICALLY FOR OTHER TRANSIT PURPOSES. " COMMISSIONER BLAKE THEN INQUIRED, "WHO WOULD BE DECIDING HOW THOSE MONIES WOULD BE DIVIED UP, SPENT?" MR. GRACE SAID, "AT THIS POINT, THE BOARD OF COUNTY COMMISSIONERS WOULD." COMMISSIONER BLAKE THEN SAID, "I THINK AS WE GO THROUGH THIS EXERCISE, THAT WE MAY WANT TO HAVE A FURTHER DISCUSSION ON THAT, BECAUSE IF WE ARE TALKING ABOUT FUNDING CURRENTLY THAT'S 2.2 TIMES THE CURRENT EXPENDITURE REQUIRED, EVEN IF YOU HAVE A VERY HIGH GROWTH RATE, GAS TAXES ARE GOING TO GO UP AS WELL, DUE TO GROWTH." THEN, COMMISSIONER BLAKE SUGGESTED, "I THINK IT WOULD BE BEST IF WE KNEW HOW THOSE MONIES MIGHT BE SPLIT UP AT THIS POINT IN TIME." VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Martinez said, "I believe that we should demand that LYNX who has the records, provide us with a list of names and addresses of these nine (9) people that they serve, and find out how many of those people live within the boundaries of the City of Winter Springs and how many live within incorporated Seminole County - and then we should make a decision." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 170F30 Discussion. "I WILL MAKE A MOTION THAT WE TABLE THIS ITEM TO A DATE UNCERTAIN AND THAT WE ASK THE CITY MANAGER AND THE COUNTY MANAGER TO ARRANGE A MEETING AT WHICH WE WOULD HAVE THE OPPORTUNITY TO EXPLORE ALL OF THE INFORMATION THAT HAS BEEN PROVIDED TO US, AND THAT ALSO - SOME LYNX - OR ADA PARA TRANSIT PEOPLE BE PRESENT TO ANSWER QUESTIONS AND ALSO TO BRING ALL OF THEIR INFORMATION WITH THEM SO THAT WE CAN GET ANSWERS TO THE QUESTIONS WE HAVE." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH SPOKE OF THE MOTION TO TABLE, AND ADDED THAT "THE TWO (2) MANAGERS WOULD GET TOGETHER; LYNX WOULD PROVIDE INFORMATION AND BE PRESENT AT A MEETING; AND THEY WOULD BRING DATA TO SUPPORT WHAT COMMISSIONER MARTINEZ HAS RAISED..." COMMISSIONER MARTINEZ STATED, "...THE NAMES AND ADDRESSES OF THESE NINE (9) PEOPLE." COMMISSIONER McLEOD ADDED, "LET'S SEE HOW MANY TRIPS PER WEEK, THOSE NINE (9) PEOPLE TRULY TAKE VERSUS A PROJECTION OF WHAT THEY MAY DO, BECAUSE THERE COULD BE A BIG DIFFERENCE." COMMISSIONER McLEOD THEN SAID, "IF LYNX HAS IMPROVED THEIR SERVICE OF ACCOUNTABILITY - THEN THEY SHOULD BE ABLE TO TELL US THAT PERSON 'A' IS MAKING SEVEN (7) TRIPS A MONTH, AND PERSON 'B' IS MAKING TWO (2), BUT 'c' IS MAKING THIRTY (30) - SO WE HA VE SOME TRUE NUMBERS." COMMISSIONER McLEOD ADDED, "I WANT TO KNOW NAMES AND ADDRESSES, AND I WANT TO KNOW HOW MANY TRIPS THOSE PEOPLE ARE ACTUALLY MAKING." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER S, 2003 PAGE IS OF 30 REGULAR 20. B. Community Development Department Requests That The City Commission, In Its Capacity As The DRC [Development Review Committee], Consider The James Doran Company's Most Recent Request To Change The Floor Plan And Building Elevations As Part Of The Partition Of The Remaining Portion Of Building Number 8 (That Part Not Occupied By Leslie's Pool Supply). Mr. Baker presented this Agenda Item for discussion and stated, "Since you did approve the other layout, we have to bring this before you." Mr. David 0. Eldridge, Esquire, Arnall Golden Gregory LLP, 2800 One Atlantic Center, 1201 West Peachtree Street, Atlanta, Georgia: as Counsel to his client, Mr. Eldridge asked about the authority of the City Commission to review this particular request. Discussion. Commissioner Blake stated, "Point of Order" and made the following Motion. "I WOULD LIKE TO MAKE A MOTION TO TABLE THIS ITEM PLEASE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. Tape 2/Side B VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: AYE MOTION DID NOT CARRY. Discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THIS ITEM AND MAKE IT CLEAR THAT WE ARE NOT WAIVING OUR RIGHT TO REGULATE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. MAYOR BUSH ADDED, "THAT THE CHANGE IN THE FLOOR PLAN BE APPROVED, AND IN NO WAY WOULD THIS CHANGE THE WAY THE COMMISSION DOES HANDLE THE BUSINESS WITH THE TOWN CENTER." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8,2003 PAGE 19 OF 30 DEPUTY MAYOR MILLER THEN SAID TO MR. ELDRIDGE, "THERE WAS A COMMENT MADE BY YOU EARLIER - REGARDING LITIGATION. I ASSUME THAT THAT IS NOT GOING TO BE THE CASE, OR IS THAT GOING TO BE THE CASE? IS THERE GOING TO BE A CHALLENGE?" MR. ELDRIDGE RESPONDED BY SAYING, "I DID NOT MAKE IT HERE. I WAS SPEAKING TO YOUR COUNSEL." DEPUTY MAYOR MILLER THEN SAID, "SO YOU ARE NOT GOING TO PROCEED WITH THAT, OR YOU ARE GOING TO PROCEED WITH THAT?" MR. ELDRIDGE STATED, "UNTIL I HEAR FROM MR. GARGANESE IN TERMS OF HIS ANSWERS TO MY QUESTIONS, I CANNOT ANSWER THAT." VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Break at 9:18 p.m. The Meeting reconvened at 9:28 p.m. REGULAR 19. A. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Jackie Melley To Remove One (1) Specimen Long-Leaf Pine Tree, Approximately 26 Inches In Diameter, From The East Side Of The Lot, In Order To Protect The Home Structure. Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department presented his opening remarks regarding this Agenda Item. Discussion. Commissioner McLeod departed the Meeting at 9:29 p.m. Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 20 OF 30 Deputy Mayor Miller stated, "I would just ask the Commission to entertain the thought - of a Workshop someday in the next six (6) months or whenever it might be agreeable to us regarding the issue of the proximity of mature trees to residential property." Deputy Mayor Miller added, "I believe we never came up with a proximity - distance, so if a tree is really very close to a house and it looks like it is going to damage it, or is damaging it, that is one criteria that we all have to look at seriously; but if it is potentially a hazard to the - residential house, because of its close proximity, and the owner would like to eliminate that threat, I think maybe we need to revisit this." With further discussion, Mayor Bush stated, "I think the Commissioner is asking that we schedule a Workshop to address this." Attorney Garganese added, "We will have First Reading of the revised Arbor Ordinance at the next Commission Meeting where you might be able to address this issue. In addition, the recommendation from the Arbor Committee is not to include Pine Trees as a Specimen Tree, so that will have a relaxed standard, if adopted by the Commission. You won't have to address Pine Tree removals at every Meeting." Mr. Mingea spoke of troubled trees within the community. Deputy Mayor Miller then said to Mr. Mingea, "I appreciate that - you can give us that input again next time, when we meet up, and I applaud the Attorney for having this Ordinance, when it is obviously a timely issue." Further discussion. Ms. Jackie Melley, 969 Troon Trace, Winter Springs, Florida: spoke of her personal concerns with a tree on her property. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Deputy Mayor Miller said to Attorney Garganese, "You are going to bring us at the next Meeting a proposed change to the Ordinance that was crafted by the Committee that we appointed?" Attorney Garganese acknowledged this and added, "There are also recommendations of the Commission and the recommendations of the Arbor Committee that are all being incorporated into a comprehensive revision of the Ordinance." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 21 OF 30 REGULAR 26. H. Office Of The City Manager Requests Commission Approval To Ratify The 2002-2003 Contract With The Winter Springs Professional Firefighter's Local 3296. Manager McLemore introduced this Agenda Item Mr. Jeffrey E. Mandel, Muller Mintz, 255 South Orange Avenue, Suite 1525, Orlando, Florida: explained to the Commission that "There are some slight modifications that we made this afternoon; actually even going up into early evening. In 'Article 39,' the Union has asked that we add a footnote, similar to the one that the City has included, whereby they set forth that they are not waiving their rights either under the law, which we believe is perfectly acceptable. With respect to the 'Drug-Free Workplace Policy,' the parties have agreed to take out 42.2 A. that appears before you on page 21. The language is superfluous, it's not necessary. And what we have agreed to do is to put in its place, a clause stating that prior to any discipline for violation of the City of Winter Springs' 'Drug Free Workplace Policy,' the City shall provide the employee with an opportunity to rebut or explain the alleged violation. That is the current practice and surely we would not take disciplinary action against somebody without giving them an opportunity to explain what happened, or to present rebuttal evidence. Essentially we're putting in language consistent with what our practice would be. The last thing is under Article 43, the Management Rights clause - page 22 G., where it says 'Transfer."" With clarification of the pages being referred to, Mr. Mandel stated that on page 48, [Article] "43 1. G. would read 'Transfer in accordance with current practice and to assign employees in operational positions within the organizational structure of the Fire and Emergency Service, and, in the case of light duty, or the declared emergencies, anywhere within the organizational structure of the City. ", Commissioner Blake stated, '''Transfer in accordance with the current practice' - where is current practice defined?" Mr. Mandel responded, "The current practice is not defined. It's what the existing practice that the Chief has employed over the years. And the Chief had a conversation with the President of the Union, and they agreed that the current practice is acceptable, and it is not uncommon in Collective Bargaining Agreements to reference current practice, instead of spelling out in great detail what the practice is." Commissioner Blake said to Manager McLemore, "Mr. Manager, we're comfortable with.. ." Manager McLemore stated, ".. . Yes..." Commissioner Blake continued, ".. . Current practice?" Manager McLemore then said, "Oh yes. We're comfortable with this." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 22 OF 30 Mr. Mandel continued, "Those are the changes, other than what's in front of you. The highlights are basically we're implementing the CODY 'c' in the same maIIDer as was implemented for all employees for this Fiscal Year. We're increasing the ranges to keep the City competitive with what's going on in the marketplace." Mr. Mandel added, "An important note too is we're increasing the Paramedic incentive from $5,500.00 a year to $7,000.00 which is an absolute necessity if you want to continue to provide advanced life support. " Furthermore, Mr. Mandel pointed out that "While this is really only a one year deal that technically expires at the end of this month, that the language is satisfactory and it will carry forward for the next year, and we're not going to have to renegotiate anything for the next year." Tape 3/Side A "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'H,' THE COMMISSION APPROVAL TO RATIFY THE 2002-2003 CONTRACT WITH THE WINTER SPRINGS PROFESSIONAL FIREFIGHTER'S LOCAL 3296." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Mr. Mandel clarified what was reflected in the Motion and stated, "The record should clearly reflect that the Motion to approve the Contract is the Contract as has been amended - the description, and in fact let me just read for the record - I read two (2) of the additions and I referenced a footnote that we were going to include - the Union's footnote, that offers them the same protection that we have in there - and it has reached the extent by agreeing to this new language - the Union does not leave its position that such language caIIDot be legally taken impasse or imposed. The Union notwithstanding its agreement to this language of this Contract agrees to defer this issue to negotiations for a successful Agreement. The Union reserves the right to seek to have it removed from future Collective Bargaining Agreements, which is consistent with their legal right and offers them the same type of protection that they agreed to give us in the footnote that we have in the Collective Bargaining Agreement, so those are the three (3) changes to the packet that you have and we would ask that those be included as part of the Contract that you are agreeing to." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 23 OF 30 Mr. Mandel added, "We added in three (3) sections that I read to you and then we are removing section 44.2 A. as it appears in your packet." "I WOULD LIKE TO MAKE ANOTHER MOTION TO THE EFFECT THAT THE APPROV AL OF THE PREVIOUS ITEM 'H,' ALSO INCLUDES CORRECTIONS STATED ON THE RECORD BY THE LABOR ATTORNEY PRESENT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 22. D. Office Of The City Manager Requesting The City Commission To Take August 25, 2003 Regular Agenda Item "F" From The Table For Consideration Related To Increased Fee For The City Labor Attorney. "MOTION TO REMOVE ITEM 'F' FROM THE T ABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Discussion. Mr. Jeffrey E. Mandel, Muller Mintz, 255 South Orange Avenue, Suite 1525, Orlando, Florida: addressed questions from the City Commission. "MOTION TO INCREASE THE RATE TO $150.00 PER HOUR FOR ANY WORK BEING DONE ON NEGOTIATIONS, CONTRACTS, ANY ISSUES FOR FISCAL YEAR 2004 AND BEYOND." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 24 OF 30 "EFFECTIVE FY'04, THAT STARTS OCTOBER 1ST, 2003 - AND ANY CONTRACT YEAR THEREAFTER THE RATE WILL BE $150.00. ALL CURRENT WORK WILL BE COMPLETED UNDER THE CURRENT RATE OF $130.00. ANY NEWLY MATERIALIZING WORK DUE TO A PREVIOUS YEAR, THAT BEING A YEAR THAT BEGAN OR FINISHED BEFORE OCTOBER 1ST, 2003, WOULD BE COMPLETED AT $140.00 AN HOUR." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. Mr. Mandel addressed his proposed hourly rate. Manager McLemore suggested a Motion for consideration by the City Commission and stated, "Beginning October I, we charge a new rate on all things other than the Appeal that is currently active." "I WOULD LIKE TO MAKE A MOTION TO RECONSIDER THE LAST VOTE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT ANY BUSINESS HANDLED BY THE LABOR ATTORNEY, BE PAID AT THE RATE REQUESTED OF $150.00, STARTING OCTOBER 1ST, 2003 - EXCEPTING ANY MATTERS PENDING AT THE COURT OF APPEALS THAT DEALS WITH THE SUBJECT MATTER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 25 OF 30 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: NAY MAYOR BUSH: AYE MOTION CARRIED. REGULAR 23. E. Office Of The City Clerk Respectfully Requests That Commissioner Michael S. Blake Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. With brief discussion, Mayor Bush said to Commissioner Blake, "Do you want to put that on the next Agenda?" Commissioner Blake stated, "Yes, please." REGULAR 24. F. Office Of The Mayor Requesting That The City Commission Consider Two (2) Changes To The Agenda, Specifically Related To The "Reports" Section. Mayor Bush introduced this Agenda Item Discussion. "LET'S TRY IT FOR THREE (3) MONTHS - IMPLEMENT BOTH YOUR IDEAS - DOING IT EVERY OTHER - MEETING. I WILL MAKE A MOTION TO ADOPT YOUR IDEAS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Bush added, "We will do the second Meeting - is when we will make the change; the second Meeting of the Month." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 26 OF 30 REGULAR 27. I. Office Of The City Manager Requesting The Commission To Deny The August 11, 2003 Settlement Offer From Centex Attached Hereto Related To The Improper Cutting Of Trees On The Centex Heritage Park Project Site And To Provide Staff With Direction It Deems Appropriate. As stated earlier in the Meeting under Agenda Changes, Mayor Bush explained that this Agenda Item has been "Pulled." ADD-ON REGULAR 37. J. Office Of The City Manager Requests That The City Commission Schedule A Workshop To Review And Make Recommendation Regarding Amending The List Of Permitted Uses Under The "C- 2 General Commercial" And "1-1 Light Industrial" Zoning Districts. Discussion ensued on a proposed date, and September 15, 2003 was suggested. Furthermore, a Joint Workshop between the City Commission and the Planning and Zoning Board/Local Planning Agency was suggested in relation to Permitted Uses. Mayor Bush suggested to Manager McLemore, "Why wouldn't the Planning and Zoning [Board/Local Planning Agency] just meet with Staff, have the Workshop, and then make the recommendations to the Commission. Manager McLemore said, "That is perfectly okay, it's just that I think they [Planning and Zoning Board/Local Planning Agency] made a request; we're responding and now we will tell them - you all work on it and bring us some recommendations." Mayor Bush stated, "Could we have a Motion then to give the [City] Manager some direction. " "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MS. SALHSTOM SAID TO THE CITY COMMISSION, THAT THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY RECENTLY REVIEWED THIS ISSUE AND SUGGESTED A JOINT WORKSHOP TO FURTHER DISCUSS PERMITTED USES. COMMISSIONER BLAKE SUGGESTED, "THIS IS SOMEWHAT MORE PRESSING IN TERMS OF OUR PRIORITIES, ESPECIALLY SINCE WE HAVE AN ORDINANCE - PENDING." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 27 OF 30 VOTE: COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. With the conclusion of the vote on the Motion, Commissioner Blake stated, "We are not going to have a Joint Meeting." Commissioner Blake added, "I think this [Permitted Uses] takes priority, at this point in time. Accessory Buildings, it's been out there..." Commissioner McGinnis said, "...I agree..." Commissioner Blake continued, ". ..Let's take care of this, and do it on the same night. We will do this and then Accessory Buildings - we will follow it up with." Mayor Bush clarified, "The 15th [ of September] then Commissioners. - we'll start at 6 [p.m.]." Mayor Bush added, the Workshop "Will start at 6 [p.m.] - we will just have two (2) items that we are going to cover." ADD-ON REGULAR 38. K. Office Of The City Manager Requesting The City Commission To Approve An Agreement With SRI Architects And Associates To Design The Expansion Of City Hall. Manager McLemore introduced this Agenda Item. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS REPORTS 28. A. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 28 OF 30 REPORTS 29. B. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 30. C. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 31. D. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller inquired, "When is the City going to start breaking ground on Fisher Road?" Brief discussion. REPORTS 32. E. Commission Seat Two - Michael S. Blake Commissioner Blake stated, "The Agendas - now we are dealing with numbers and letters. I would suggest we get rid of the letters." Commissioner McGinnis said, "Yes." Mayor Bush added, "I certainly agree with the Commissioners." Mayor Bush then said, "The Commissioner has recommended that we use just consecutive numbers" and that no letters of the alphabet would be used. Commissioner McGinnis stated, "Good." Mayor Bush stated, "Okay, everybody in agreement with that?" No one voice an objection to this. REPORTS 33. F. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez stated, "I am going to suggest to the Commission that once and for all they stick to that which we have approved, and when we have these late Agenda Items come in on Fridays, especially on Fridays, that we delete those Items from the Agenda." With discussion, Commissioner McGinnis said, "I agree but I would hate for us to make a hard and fast rule because there are times that there are crises and there are emergencies, and if it is an issue that comes before us under those conditions, and it is too complicated, all we need to do is say - we need more time with this." Mayor Bush added, "It is one of those things if you don't, it will always happen." Deputy Mayor Miller stated that he was in agreement with Commissioner Martinez and added, "I don't like getting the last minute things that aren't really critical." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 29 OF 30 Secondly, Commissioner Martinez said to Mayor Bush, "Are you responding or considering this letter from Russ Harbourne about - [Governor] Jeb Bush's 'Communities for a Lifetime' initiative?" Mayor Bush responded, "I really haven't made a decision about it yet." REPORTS 34. G. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke of attending a recent CALNO [Council of Local Governments in Seminole County] Meeting and passed out a document. Commissioner McGinnis stated, "We have been requested to review this and have a Workshop soon with the Seminole County Office of Emergency Management and the County Health Department." Commissioner McGinnis added, "I think within the next six (6) weeks we need to schedule a Workshop but have them do their presentation." Brief discussion ensued on funding. Mayor Bush said to Commissioner McGinnis, regarding a Workshop - "Would you want to - contact them and see when they could come, and then get some dates and bring it back to the Commission?" Tape 3/Side B In conclusion, Mayor Bush said to Commissioner McGinnis, "Why don't you check with them on some dates." Commissioner McGinnis responded, "I will- I will bring it back." REPORTS 35. H. Commission Seat Five - David W. McLeod No Report as Commissioner McLeod had already departed. REPORTS 36. I. Office Of The Mayor - John F. Bush Mayor Bush spoke about a brochure on the City's Town Center. Mayor Bush spoke of the September 18, 2003 Tri-County League of Cities Luncheon and said if anyone wanted to go, to "Let Andrea [Lorenzo-Luaces, City Clerk] know." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 8, 2003 PAGE 30 OF 30 Mayor Bush spoke about a Memorandum from the City Clerk on an upcoming Employment Law Seminar being held at City Hall. Mayor Bush added, "Let's advertise it in case any of the Commissioners do" want to attend. ADJOURNMENT Mayor Bush adjourned the Meeting at 10:44 p.m. RESPECTFULLY SUBMITTED: ORENZO-LUACES, CMC ERK APPROVED: ,- """ ... ..,..,--' .-?- ~ < - - . . J NOTE: These Minutes were approved at the October 13, 2003 Regular City Commission Meeting,