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HomeMy WebLinkAbout_2002 08 12 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 12, 2002 I. CALL TO ORDER The Regular Meeting of Monday, August 12, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S, Blake, arrived at 6:41 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:32 p.m. A moment of silence was followed by the Pledge of Allegiance and Agenda changes. City Attorney Anthony A. Garganese arrived at 6:32 p.m. PRESENTATIONS Mayor Partyka recognized Mr. Donald James, Parks and Recreation Department Superintendent, who earned his certification as a Certified Playground Safety Inspector. Mayor Partyka then presented Certificates of Recognition to the following Winter Springs High School students for being nominated to participate in the "National Youth Leadership Forum on Defense, Intelligence, and Diplomacy": Joshua Augustin, Melissa Bake, Kevin Brotz, Rob Daugherty, Heather Dedmon, Victor Frasqueri, Michael Ireland, Chris Lallathin, Christian Rivera, and Chris Salicrup. Commissioner Michael S. Blake arrived at 6:41 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 2 OF 24 II. PUBLIC INPUT Ms. Stacy Swindle, 1424 Whitehall Boulevard, Winter Springs, Florida: extended an invitation to the City Commission to attend the Greater Oviedo Chamber of Commerce Annual "Hob Nob". Mr. Erv Lampert, 670 Nighthawk Circle, Winter Springs, Florida: questioned the measures the City is taking regarding the West Nile Virus. City Manager Ronald W. McLemore spoke of coordinating with Seminole County and "Putting information up on our system" and possibly in water bills. Mr. Kevin Billings, 202 Heatherwood Court, Winter Springs, Florida: inquired about the percentage of businesses that have been leased within the Town Center and informed the Commission that the Tuscawilla Homeowner's Association has offered free advertising to those businesses within the Town Center. Brief discussion. Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: questioned the time period as to when political campaign signage could be erected. Mayor Partyka stated, "Let's just get the City Attorney to check out on political signs, get this done, how's that." Attorney Garganese stated, "Fine." Mayor Partyka added, "If you could check that out." Mr. Tom Kearney, 159 Stone Gable Circle, Winter Springs, Florida: as President of the Stone Gable Homeowner's Association, Mr. Kearney stated his concerns with the Florida Department of Transportation sealing off their "Lane cut" into their subdivision due to the construction of the proposed "Villagio." Mr. Kearney also requested assistance from the City Commission and Staff regarding this issue. Commissioner David W. McLeod directed Manager McLemore to "Make sure that our Staff does look into this, looks into this with the State, and finds out about the road cut - what is come down so we have a total understanding of what is going on when these things come in front of us." Tape I/Side B Mr. Kearney then asked, "To whom can I write my concerns that are legal based so that they can be investigated and I get a response?" Manager McLemore stated, "Send them to me." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12, 2002 PAGE 3 OF 24 .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED AS DISCUSSED. .:..:. IV. CONSENT CONSENT B. Public Works Department Requesting Authorization To Install New Sidewalk On East Right Of Way On Tuscora Drive. Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director introduced this Agenda Item. Discussion ensued. Mr. CA. Coe, 787 Everet Court, Winter Springs, Florida: as the President of the Wedgewood Tennis Villas Homeowner's Association Mr. Coe spoke on the need for the sidewalk and thanked the Commission for allocating the funds. Commissioner Robert S. Miller asked Mr. Coe, "If the City were to put in a sidewalk, would your Association look into the possibility of erecting some kind of a barrier wall along there that would provide the same quality of life for the residents that back up on the street?" Mr. Coe answered, "Certainly I could propose that to the Board of Directors." Ms. Phyllis Lentz, 721 Wilson Road, Winter Springs, Florida: voiced her opposition to the installation of the sidewalk; informed the Commission that the homeowners were never polled by the Homeowner's Association; presented photographs of the impacted homes abutting Tuscora Drive; and spoke of a petition she had passed around only to the residents of the impacted homes. Mr. James Jupena, 1404 Goolagong Court, Winter Springs, Florida: submitted photographs of the impacted homes for the record. Mr. David Maisonet, 1493 Connor Lane, Winter Springs, Florida: stated, "The City can spend their money in much better ways than put a sidewalk in somebody's backyard." Ms. Karen Bovino, 1493 Connors Lane, Winter Springs, Florida: did not address the Commission. Mr. Max Swaim, 719 Adidas Road, Winter Springs, Florida: informed the Commission, "I am opposed to it." Ms. Crystal Watson, 717 Wilson Road, Winter Springs, Florida: voiced concerns with increased criminal mischief if sidewalks were to be installed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12, 2002 PAGE 4 OF 24 Ms. Ellen Carlson, 716 Wilson Road, Winter Springs, Florida: did not address the Commission. Ms. Susan Kellicut, 1414 Borg Lane, Winter Springs, Florida: also did not address the City Commission. Ms. Helen Machon, 1406 Forest Hills Drive, Winter Springs, Florida: did not address the City Commission. Ms. Lillian Caerbert, 1403 Goolagong Court, Winter Springs, Florida: also did not address the Commission. Ms. Mary Cunningham, 749 Wilson Road, Winter Springs, Florida: voiced her opposition to the installation of the sidewalk. Ms. Ann Austin, 737 Wilson Road, Winter Springs, Florida: did not address the City Commission. Mr. Anthony Strippoli, 1405 Goolagong Court, Winter Springs, Florida: also did not address the Commission. Mr. Daniel Kellogg, 719 Wilson Road, Winter Springs, Florida: stated "I am opposed to the sidewalk." Ms. Cheryl Kellogg, 719 Wilson Road, Winter Springs, Florida: stated "I am also opposed to the sidewalk." Ms. Judith Hersch, 714 Wilson Road, Winter Springs, Florida: informed the Commission, "I do not believe it is in the best interest of the homeowners; we were never asked. " Ms. Kay Ferrell, 704 Wilson Road, Winter Springs, Florida: stated "I bought my house off of blueprints and I am definitely opposed to it." Ms. Carol Earley, 713 Wilson Road, Winter Springs, Florida: remarked that "I am opposed. " Ms. Martha Edwards, 715 Wilson Road, Winter Springs, Florida: spoke against the proposed sidewalk. Ms. Arsenia Rasmussen, 710 Wilson Road, Winter Springs, Florida: stated "I am also opposed. " Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 5 OF 24 "I THINK WE OUGHT TO TURN THIS DOWN - WE OUGHT TO APPROVE THEIR REQUEST NOT TO HAVE THIS SIDEWALK PUT IN. LET'S SPEND THE MONEY SOMEWHERE ELSE ON SOME OTHER SIDEWALK. THAT IS A MOTION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Tape 2/Side A "I WOULD LIKE TO AMEND THE MOTION THAT WE REQUEST THE HOMEOWNER'S ASSOCIATION, BOARD OF DIRECTORS, TO GO BACK TO ITS' FULL COMPLETE MEMBERSHIP AND POLL THEM ON THEIR DESIRE TO HAVE THESE SIDEWALKS PLACED ON THE PERIMETER OF THEIR DEVELOPMENT OR NOT, THEN REPORT BACK TO US." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. COMMISSIONER McLEOD SAID, "I WOULD SECOND THAT WITH THE CAVEAT THAT BEFORE WE WOULD GO FORWARD IT WOULD TAKE AT LEAST FIFTY-ONE PERCENT (51%) - TO COME BACK TO US." COMMISSIONER BLAKE STATED, "THAT WASN'T MY MOTION. MY MOTION WAS JUST TO POLL IT AND BRING IT BACK SO THAT WE KNOW WHERE THEY REALLY STAND, AND IF WE AT THAT POINT IN TIME DECIDE THAT MAYBE IT TAKES A SUPER MAJORITY, WE WOULD HAVE THE ABILITY TO DECIDE THAT AT THAT TIME. A SUPER MAJORITY IS NOT AN UNUSUAL SITUATION. I KNOW THE COUNTY REQUIRES IT IN CERTAIN ASPECTS AND THIS MIGHT BE ONE OF THE SITUATIONS BECAUSE DIFFERENT PARTIES ARE AFFECTED AT DIFFERENT LEVELS IF ONE IS CONSTRUCTED - THAT WE LOOK AT IT THAT WAY AS WELL." MAYOR PARTYKA ASKED, "STILL IS THERE A SECOND?" COMMISSIONER McLEOD STATED, "I WILL STILL SECOND THAT MOTION." DISCUSSION. VOTE (ON THE AMENDMENT): COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY AMENDMENT TO THE MOTION DID NOT CARRY. VOTE (ON THE MAIN MOTION): DEPUTY MAYOR GENNEL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 6 OF 24 Mayor Partyka explained to those in attendance that "The Motion failed in terms of a sidewalk. Again, all the people, thank you for coming out, and you have to resolve that amongst yourselves." Deputy Mayor Cindy Gennell added, "I just would like to thank Staff for bringing this forward to us in an efficient manner - expeditiously." .:..:. AGENDA NOTE: THE FOLLOWING NEW REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. VII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR H. Office Of The City Manager Requesting City Commission To Consider Alternatives For Addressing Issues Regarding The Construction Of The Tuscawilla Office Park. Manager McLemore introduced this Agenda Item to the City Commission. Mr. Bernard Martin, P.E., P.L.s., BJM Associates Inc., 506 Wymore Road, Winter Park, Florida: introduced himself to the City Commission and explained some of the services that his legaVconsulting firm offers, and disbursed a brochure. Discussion. Mr. Albert Murro, 632 Cheoy Lee Circle, Winter Springs, Florida: advised the Commission that "All ten (10) parcels are bought and paid for and deeded to each of the ten (10) homeowner's. There is no outstanding monies." Mr. Murro then commented on a fifteen foot (15') easement. Commissioner McLeod stated, "I believe last time we - gave you an agreement we would pay $5,500.00. I think you had a number in front of us of $11,000.00 - is that correct? And we offered to pick up $5,500.00 of that; so now I am seeing there is a $14,000.00 number. Ron [McLemore], and I think I heard you say $7,000.00 for your portion, what's the other $7,000.00 from Ron [McLemore]?" Manager McLemore responded, "I am not sure I understand your question." Mr. Martin said, "We have $7,000.00 for basic surveying services to prepare/record a plat; $2,000.00 for getting consent - and we have title search and other legal fees...." Commissioner McLeod, "...Okay, so the full $14,000.00 is from your firm." Mr. Martin said, "Everything." Commissioner McLeod said, "Okay." Discussion continued. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2002 PAGE 7 OF 24 Commissioner McLeod then stated, "Here is what I would propose - again I would leave the $5,500.00 from the homeowners on their portion, to come out of part of the $14,000.00 which leaves $8,500.00 being picked up by the City. In other words, we were going to pick up $5,500.00 - I would add the $3,000.00 difference between the $11,000.00 and the $14,000.00, which would have the City doing $8,500.00 and the homeowner's still doing $5,500.00. We are doing a larger percentage - that is how I would propose it." Mr. Martin informed the Commission, "There may be fees if S0me of these mortgage companies want to have their own lawyers or somebody look at something that is going to charge a fee, that's not in there so that's something that needs to be addressed as far as some kind of Motion or something like that; or any fees that the City would charge to review or something like that, if there are any fees, recording fees." Commissioner McLeod then asked, "What do you think the overall is then - you are saying $14,000.00 is now not a bottom line. What is going to be a bottom line? Ten percent (10%) more, twenty percent (20%) more?" Mr. Martin said, "I don't know - I have to just - give me a couple weeks." Commissioner McLeod reiterated, "So again I am still back to the same thing. As far as the City - $8,500.00 is what I would tell us to put on the line - and I think the rest of it gets worked out by the homeowners and the homeowners would have to commit to the $5,500.00 difference and whatever else that becomes." Discussion. Commissioner Blake asked, "Is this a contractual agreement between us and Mr. Martin's firm?" Manager McLemore said, "That's an interesting question we probably need to work out. I think Anthony [Garganese] and the two (2) of us need to get together and see how we do this." "I WOULD LIKE TO AUTHORIZE THE CITY MANAGER AND STAFF TO ENTER INTO AN AGREEMENT WITH BJM, MR. MARTIN'S FIRM, TO PROVIDE ALL OF THE ITEMS PROVIDED IN THIS PACKET TO PUT THIS ISSUE TO BED ONCE AND FOR ALL, AT A PRICE NOT TO EXCEED $14,000.00 DOLLARS." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. Attorney Garganese added, "Just one point of clarification, we would also be contracting with Mr. Martin because of the dichotomy apparently between BJM Associates and you as an Attorney. Is that your point?" Mr. Martin said, "BJM is a corporate licensed in surveying and engineering and I am licensed as an Attorney." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12, 2002 PAGE 8 OF 24 COMMISSIONER BLAKE ADDED, "THE COMBINED VALUE OF ALL CONTRACTS REQUIRED IN ORDER TO MAKE THIS HAPPEN WOULD NOT EXCEED $14,000.00 DOLLARS..." ATTORNEY GARGANESE STATED, "...CORRECT." COMMISSIONER BLAKE CONTINUED, "TO THE ENTITIES REPRESENTED OR PRESENTED BY." ATTORNEY GARGANESE THEN STATED, "IT WAS JUST A POINT OF CLARIFICATION - IT WOULD STILL BE ONE CONTRACT, TWO (2) ENTITIES ON THEIR PART, THE CITY OF WINTER SPRINGS ON THE OTHER." VOTE: COMMISSONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka then said, "Mr. Martin, City Manager, handle all the details." Mr. Murro thanked the City Commission for their assistance. Discussion ensued on the proximity of the pond and various lots; and several situations involving the brick wall. Tape 2/Side B Mr. Brian Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: spoke of the workmanship of the wall, flooding; the need for a tree buffer due to parking spaces being installed within close proximity to the other side of the wall; and presented photographs to the City Commission. Mayor Partyka asked Manager McLemore, "Is that a setback issue right there?" Manager McLemore responded, "It is going to potentially be a problem where probably she needs to put some car stops in there?" Manager McLemore added, "The way to stop it is to put car stops in there if there is room to do it, or expand the - concrete end some. That is something we will have to look at." Manager McLemore then spoke of a Memorandum from a representative of the City's Building Department. Mr. John Seele, 644 Cheoy Lee Circle, Winter Springs, Florida: thanked the City Commission for their earlier decision tonight; and then spoke of erosion problems and drainage; and then asked who would be responsible for the maintenance of the wall and the warranty. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 9 OF 24 Mr. Enon Winkler, 646 Cheoy Lee Circle, Winter Springs, Florida: thanked the City Commission for their last Motion and action; spoke of the portion of the wall behind his home and spoke of a petition he had others sign regarding the wall behind his residence and photographs which illustrated the portion of the wall behind his residence. Ms. Sharon Ta cka berry, 634 Cheoy Lee Circle, Winter Springs, Florida: distributed a handout to the Commission listing the homeowners concerns with the wall; and spoke of drainage and trees. Ms. Tackaberry also offered her assistance to Mr. Martin. Mayor Partyka then suggested that Ms. Tackaberry give any pertinent documents to Manager McLemore. Commissioner Blake asked, "Have we inspected this wall, a final inspection?" Manager McLemore stated that many of the issues were being addressed. Manager McLemore then pointed out that "As far as the clean up, we're going to make sure it gets cleaned up." With further discussion on the construction and stability of the wall, Manager McLemore said, "We won't release it until it meets all requirements of the plans and documents. " Mayor Partyka suggested that a copy of the Memorandum from David Alamina, Senior Building Inspector, Community Development Department be distributed to the Cheoy Lee Circle homeowners. Mr. J C. Vandergrip, 648 Cheoy Lee Circle, Winter Springs, Florida: questioned when the wall construction site will be released; and stated his concerns with water collecting at the wall. Regarding the structure of the wall, Manager McLemore stated, "I think we'll be paying close attention to it." Discussion. Deputy Mayor Gennell suggested, "I would suggest that I would like for us to schedule some sort of a wrap-up Workshop on this in a reasonable time period ,:"hen we could get back together; and not to have it on a Regular Meeting night but come to some final analysis to this because I know that project is moving along." Deputy Mayor Gennell added, "I would like us to schedule some kind of Workshop, be it a month from now, whatever it is, to say it has all been straightened out and they are ready to go forward." "I MAKE A MOTION THAT WE ESTABLISH SOME FUTURE WORKSHOP DATE, FOR THE PURPOSE OF FINALIZING THIS WALL ISSUE. WE ARE DOWN TO THE WALL NOW." MOTION BY DEPUTY MAYOR GENNELL. MANAGER McLEMORE STATED, "I DON'T THINK YOU SHOULD HAVE A WORKSHOP ON THIS. YOU NEED TO BE IN A POSITION WHERE YOU CAN MAKE DECISIONS." DEPUTY MAYOR GENNELL CLARIFIED, "A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 10 OF 24 SPECIAL MEETING THEN." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER ADDED, "THE NEXT TIME THIS COMES UP, WE HAVE GOT TO HAVE NINETY-NINE PERCENT (99%) OF THE ANSWERS SO WE CAN MOVE, INSTEAD OF HAVE A WORKSHOP TONIGHT DOING THIS." COMMISSIONER McLEOD ASKED, "DOES THAT CALL THE DEVELOPER IN HERE AT THE SAME TIME?" DEPUTY MAYOR GENNELL STATED, "YES." MAYOR PARTYKA WAS ASKED TO RESTATE THE MOTION AND STATED, "A MOTION WAS MADE BY DEPUTY MAYOR GENNELL FOR A SPECIAL MEETING, SOMETIME WITHIN THE NEXT MONTH OR SO FOR FINAL RESOLUTION." COMMISSIONER BLAKE ASKED, "IS THAT FINAL DISPOSITION OF TUSKAWILLA OFFICE PARK PROJECT - ALL THE ISSUES?" DEPUTY MAYOR GENNELL CLARIFIED, "JUST THE WALL ISSUE. THE WALL AND THE ASSOCIATED ISSUES TO THE WALL." COMMISSIONER McLEOD INQUIRED, "AND THAT IS PRIOR TO RELEASING ANY BUILDING PERMITS, CORRECT?" DEPUTY MAYOR GENNELL STATED, "CORRECT." COMMISSIONER McLEOD ASKED, "THAT MEETING WILL BE HANDLED PRIOR TO ANY BUILDING PERMITS, CORRECT?" MAYOR PARTYKA STATED, "THAT WAS MADE VERY CLEAR - IF THE WALL IS NOT SATISFACTORY, YOU CANNOT GIVE A PERMIT...." MANAGER McLEMORE SAID, "...WELL EVEN THAT - I THINK BEFORE FINAL ACCEPTANCE OF THE SITE." COMMISSIONER BLAKE ASKED, "SO THOSE COMMENTS ARE PART OF THE MOTION?" DEPUTY MAYOR GENNELL STATED, "YES." COMMISSIONER BLAKE THEN ASKED, "DOES THIS REQUIRE AN AMENDMENT TO THE MOTION?" DEPUTY MAYOR GENNELL STATED, "NO." MAYOR PARTYKA ASKED DEPUTY MAYOR GENNELL, "WAS THAT THE INTENT OF YOUR MOTION?" DEPUTY MAYOR GENNELL ANSWERED, "YES." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12, 2002 PAGE 11 OF 24 Further brief discussion. Commissioner Blake stated, "Point Of Order" and suggested that related issues be discussed at the Special Meeting which will deal with wall issues. The City Commission agreed to discuss all related issues at the Special Meeting. Attorney Garganese commented on the record that per the Development Agreement, the Developer is allowed to build a structure on lot 4 prior to "Final completion of the wall." Mayor Partyka recessed the Meeting at 9:36 p.m. The Meeting was reconvened at 9:47 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR - PART I AGENDA ITEMS WERE DISCUSSED NEXT AS DOCUMENTED. .:..:. III. REGULAR - PART I (CONTINUED FROM THE JULY 22, 2002 REGULAR MEETING) REGULAR A. Public Works Department CPH Engineers, Inc. Present The Streets cape And Landscape Design For Tuskawilla Road And Hickory Grove Boulevard. Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director introduced this Agenda Item and presented his guest Consultant. Mr. Mike Urchuk, Landscape Architect, CPR Engineers, Inc., 500 West Fulton Street, Sanford, Florida: addressed the City Commission and presented a number of renderings. Discussion. Tape 3/Side A Discussion ensued on transformers, and different styles of power poles. Commissioner McLeod spoke of the appeal of the power poles in Winter Park, and stated, "I think you ought to look at them. Personally, I think they are really nice. You are trying to get that old look feel, that is what they did." Further, Commissioner McLeod suggested, "I would again tell you to go look at them." Mr. Lockcuff suggested that "We could do that with street signs." Manager McLemore added, "I think there are a couple of things we can look at." Mr. Urchuk said, "We can check with Florida Power, but normally they don't like anything that is not theirs on their poles." Mayor Partyka stated, "We will find that out, I will call up Russ..." With further comments on the metering of lights, Manager McLemore stated, "It is an issue we need to work on." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12, 2002 PAGE 12 OF 24 Commissioner Blake stated, "On that pole issue, I understand that our pole rates just went up quite a bit. Did you hear about that?" Manager McLemore replied, "Yes." Commissioner Blake then suggested, "We might want to look at the Assessment Lighting District too." Commissioner Blake stated, Regarding "Decorative lights and signs and as things go, I concur with Commissioner McLeod. Winter Park - what they are using down there may not be the only answer, and I know that Florida Power does have a selection of nice things also. And I see the signs in enough different communities that I have to believe that Florida Power has those available too. And I would like to see us move in that direction." Mr. Lockcuff stated, "We will look into it." Mr. Urchuk also said, "We will look into it." Deputy Mayor Gennell stated "What we are saying is that we want something more 'Downtown.' That is what I am saying." In response, Mr. Urchuk said, "We will see what Florida Power has, what's available." In regards to benches, Manager McLemore stated, "I don't think they fit." Mr. Urchuk stated, "If you are unhappy with them, that's fine, we can reinvestigate the issue." Further, Manager McLemore stated they were "Very modem looking as compared to that environment, okay - if you want to bring back some more options." Commissioner McLeod then commented on the trash cans and explained, "You can have rain go straight into these buckets. I don't think that is what we want. I think you need something that has some kind of lid on it." Mr. Urchuk said, "We will look for something that has a dome over it or a lid over it." Deputy Mayor Gennell inquired, "On this transformer, the power supply - is that something we will be relocating later, down the road?" Mr. Lockcuffstated, "We could- to pay for that, that is certainly an option." Mr. Urcheck asked, 'That's Magnolia Park - move it back further..." Deputy Mayor Gennell stated, "" . Somewhere. It would be moved off center once we start developing the rest right?" Mr. Lockcuff stated, "Yes." "I WOULD LIKE TO MAKE A MOTION TO APPROVE AND ALLOW THEM TO GO FORWARD PENDING IMPLEMENTATION OF RECOMMENDATIONS AND FINAL APPROVAL." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ:A YE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12, 2002 PAGE 13 OF 24 Also related to the Town Center, discussion ensued on some of the details pertaining to the clock tower to be located in the Town Center. Illustrations were passed out to Members of the City Commission. With discussion, Manager McLemore stated, "We did, as I recall ask for some further definition including their front elevation on the other side of the street." Commissioner McLeod stated, On page 3 of the booklet that was passed out, Commissioner McLeod stated, "The Winter Springs Town Center/State Road 434 entry - as you enter off 434, the clock tower sits on the left side. Some of the things that have been done here - some of the other architectural benches, shrubbery and that kind of thing has gone away, and I told Ron [McLemore] to make sure that it did not go away. What we were approving was only the clock, not the rest of the landscaping in those beds, opposite of these clocks. And that is the same with the next page - is the Tuskawilla Town Center/Tuskawilla Road entry. Again the clock is on the left, the benches and so forth on the right and the landscaping. Because what they have basically done here is bricked it out and also the crosswalks do not work properly as far as coming out of these areas with handicapped - you can go up Tuskawilla Road, but you cannot turn and go down the other streets. That kind of thing needs to be worked out. All we want them to know right now is we approved the clock." Deputy Mayor Gennell stated, "Right." Mayor Partyka stated, "Okay, yes." Commissioner Blake stated, "Second." Brief discussion followed on pavers. Commissioner McLeod then advised the Commission that "There are four (4) clocks in each tower, is everybody aware of that? And we are paying the difference of the two (2) of them." REGULAR E. Community Development Department Requests Direction From The City Commission On Funding ADA Paratransit Services In FY 2002 To 2003. Mr. Earnest McDonald, Advance Planning Coordinator, Community Development Department presented the Agenda Item to the City Commission. Discussion ensued regarding suggested funding for this program. "I WOULD LIKE TO MAKE A MOTION TO CONTINUE OUR OFFER TO THE COUNTY TO HELP FUND A PORTION OF THIS PARATRANSIT FOR ONE (1) YEAR, SUBJECT TO THE COUNTY AGREEING TO REPAY THAT OVER TWO (2) YEARS, THE SAME AGREEMENT THAT WE HAD OFFERED BEFORE." MOTION BY COMMISSIONER BLAKE. COMMISSIONER McLEOD STATED, "I'LL SECOND THAT WITH ONE (1) QUESTION, SO IT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 14 OF 24 DOESN'T COME BACK TO US. WOULD THAT MEAN THEN COMMISSIONER THAT IF THE COUNTY TURNED IT DOWN THEN - THAT WOULD BE THE END OF THE ISSUE? WE WOULD NOT BRING IT BACK HERE, IT WOULD BE A DEAD ISSUE?" COMMISSIONER BLAKE ANSWERED, "I WOULD NOT BRING IT BACK." COMMISSIONER McLEOD STATED, "I MEAN YOUR MOTION MEANT EITHER THEY PICK IT UP AT THAT PERCENTAGE OR WE FUND NOTHING, IT DOES NOT COME BACK?" COMMISSIONER BAKE SAID, "YES. MY OFFER IS WE WILL FUND IT IF AND ONLY IF THEY ENTER INTO AN INTERLOCAL AGREEMENT THAT PROVIDES FOR A REPAYMENT PERIOD OVER TWO (2) YEARS." COMMISSIONER McLEOD STATED, "THAT IS WHAT I SECONDED." DISCUSSION. DEPUTY MAYOR GENNELL ASKED, "ARE YOU AT THE $52,516.00 FIGURE OR THE $38,037.00 FIGURE?" COMMISSIONER BLAKE STATED, "IT WOULD BE THE COST OF WINTER SPRINGS RESIDENCES WHICH IS THE LATEST NUMBER - WOULD BE THE $38,000.00 NUMBER." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka stated, "City Manager, you will prepare this?" Manager McLemore stated, "We will prepare that." REGULAR F. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Enter Into A Contract With Government Services Group, Inc. To Perform An Overhead Cost Allocation Plan, User Fee Analysis Of Building Code, Planning, And Development Review Fees And To Provide A Supplemental Appropriation Of $33,000.00 To Fund The Study. This Agenda Item was introduced by Manager McLemore. Commissioner Miller spoke about fee schedules, and asked about a previous study done by City Staff. Further, Commissioner Miller said to Manager McLemore, "I would rather see some of the information that was brought up last year, the comparative data." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2002 PAGE 15 OF 24 Tape 3/Side B With further discussion on business practices, Deputy Mayor Gennell stated, "Good business will be in effect after we pass the budget, too, just put it in the budget somewhere, and let us do it with the Budget. That is all I am asking." "I MOVE WE POSTPONE THIS ITEM UNTIL AFTER WE HAVE DONE OUR BUDGET OR INCLUDE IT IN THE BUDGET, ONE OR THE OTHER - BRING IT BACK IN OCTOBER. THAT IS MY MOTION, BRING IT BACK IN OCTOBER." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO GIVE THE MANAGER AUTHORITY TO NEGOTIATE A CONTRACT WITH GOVERNMENT SERVICES GROUP TO PROVIDE THE OVERHEAD COST ALLOCATION MODEL FOR THE CITY." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. AMENDMENT TO THE MOTION DIED FOR A LACK OF A SECOND. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka then stated, "The Vote is to postpone this until October, so we will look forward to that at that point in time." REGULAR G. Parks And Recreation Department/Fire Department Requesting The City Commission To Discuss Senior Transportation And To Provide Further Direction. Fire Chief Timothy J. Lallathin introduced the Agenda Item, and advised the City Commission that "eBay" type web sites had been explored, as suggested by Members of the Commission. Discussion ensued with Chief Lallathin and Mr. Chuck Pula, Parks and Recreation Department Director. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 16 OF 24 Commissioner Miller stated, "My thought would be to go for the $20,000.00 and we can always put more money into it later in the year if it looks like it is starting to work. And ifit doesn't work then we haven't blocked the money." Commissioner McLeod said, "It would seem that it would make sense that you would try - a year if you offered it up as twice a week to start out and deal with the Director to find out what that Director thought those days would be. And at the end of the year it would give you a real indication whether you need to do anything more or not. But I do agree to something in a $20,000.00 range if you want to get more participation." Commissioner McLeod then inquired, "How many days of the week are we going to do this, or of the year, Ron [McLemore]?" With further discussion, Commissioner McLeod stated, "I agree with Mr. Martinez [Commissioner Edward Martinez, Jr.] on this one in that I think our Senior Citizens for all the years they have given to their community and now it is time I believe we owe them something." Additionally, Commissioner McLeod stated, "I don't know that it becomes seven (7) day participation in the beginning?" Deputy Mayor Gennell inquired about penalty clauses if we were to withdraw from a contract, and then stated, "I think it is high time we started something like this. We need to do something and I will support - initiating it as long as we all understand that there is a thirty (30) day back-out if we are not happy with what is going on." Commissioner Blake added, "I think it is a great idea and I think the contract is the right way to go." Manager McLemore said to the Commission, "I really want the Commission to establish by Resolution, the operating rules and procedures for this." Furthermore, Manager McLemore stated, "It needs to be adopted by Resolution of this Commission, setting out the service parameters and everything else. That is my recommendation to the Commission - I am asking you to give me that directive. We will set it out and bring it back to you in a Resolution form." Commissioner McLeod asked that the contract be carefully reviewed, as "Somewhere here within the last year, a service was picking people up and dropping them off. They did not care about the time they got there, they did not care about when they dropped them off and they did not care if they came back to pick them up. So, that is part of what Ron [McLemore} is also talking about - and it has to be somewhere in that contract - a Penalty Clause when those things do not happen. We are dealing with our Senior Citizens here and I think it is very important Ron." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 17 OF 24 MOTION TO "POSTPONE THE ITEM UNTIL AFTER THE BUDGET, AND THAT WHEN WE TAKE IT UP AT THAT POINT IN TIME, STAFF WILL BE BRING BACK TO US THE SPECIFICS ON EITHER AN RFP, RFQ, OR PRICING - ALL THOSE THINGS - AND IF THE MANAGER WANTS TO PUT IN ISSUES ABOUT RESOLUTIONS, I THINK THAT IS GREAT. IF WE WANT TO LOOK AT SOME SAMPLE CONTRACTS AT THAT TIME TO GET A BETTER FEEL OF IT, I THINK THAT IS ALL GREAT TOO. BUT THOSE ARE ALL INDIVIDUAL SPECIFICS THAT WILL BE HAMMERED OUT AFTER WE DECIDE THAT WE WANT TO GO FORWARD WITH IT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER McLEOD ADDED, "I WOULD LIKE TO SEE THAT THIS IS SOMETHING THAT MOVES QUICKLY IN THE FIRST PART OF OCTOBER AND DOESN'T GET DRAGGED OUT UNTIL - MARCH OF NEXT YEAR." VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNEL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. Mayor Partyka asked "For a Motion to extend this Meeting." "MOTION TO EXTEND FOR ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. IX. ADJOURNMENT Mayor Partyka requested a "Motion to Adjourn." "I MOVE TO ADJOURN." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 180F24 Mayor Partyka adjourned the Meeting at 11: 1 0 p.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. III. REGULAR - PART I (CONTINUED FROM THE JULY 22, 2002 REGULAR MEETING) REGULAR I. Finance Department Requesting The City Commission Grant The City Manager Approval To Enter Into An Agreement With MBIA MuniServices Company (MMC) For Revenue Enhancement Services Pertaining To The City's Property Tax Revenue. REGULAR J. Office Of The City Clerk Requests That Members Of The City Commission Make Four (4) Appointments To Replace Four (4) Advisory Board/Committee Members Who Have Been Removed From Several Of The City's Advisory Boards/Committees As A Result Of Exceeding The Permitted Number Of Absences, In Accordance With The Code Of Ordinances. REGULAR K. Office Of The City Clerk Requests That Commissioner Michael S. Blake Make An Appointment To The Beautification Of Winter Springs Board To Replace Board Member Dart Helgeson Who Has Resigned From Serying On The Beautification Of Winter Springs Board. IV. CONSENT CONSENT A. Police Department Requesting The Commission To Give Approval For The City Manager And Police Chief To Renew School Resource Officers Inter-Agency Agreement Between The City Of Winter Springs And Seminole County School Board. CONSENT C. Not Used. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 190F24 CONSENT D. Community Development Department Presents To The City Commission, The Final Engineering And Site Plan For The Highlands Apartments, Phase II. CONSENT E. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The Seminole County/City Of Winter Springs Interlocal Agreement Community Development Block Grant Program. Program Year 2002-2003. REMOVED CONSENT F. 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 G. Public Works Department Requesting The City Commission Approve The Cost To Convert The Overhead Power Along Tuskawilla Road To Underground. CONSENT H. Office Of The Mayor Resolution Number 2002-27, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Dart Helgeson For Her Service On The Beautification Of Winter Springs Board. CONSENT I. Office Of The City Clerk Approval Of The July 22, 2002 City Commission Regular Meeting Minutes. CONSENT J. Office Of The City Clerk Approval Of The July 29, 2002 City Commission Special Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12, 2002 PAGE 20 OF 24 v. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Public Works Department Updating The City Commission On The Status Of The Town Center Roads Project. INFORMATIONAL C. Finance Department Informing The Commission That The Pension Board Of Trustees Has Elected To Go Out For RFP For Investment Management Services For The Defined Benefit Pension Plan. INFORMATIONAL D. Parks And Recreation Department Notifying The City Commission That Staff Is Applying For A Florida Recreational Development Assistance Program Grant For The Central Winds Park Improvements. INFORMATIONAL E. Parks And Recreation Department Notifying The City Commission That Staff Is Applying For Recreational Development Assistance Program Grant For The Central Winds Park Expansion. INFORMATIONAL F. Finance Department Requests The City Commission Review Information Regarding The Outstanding Amounts Owed On The Medical Transport Vehicles. INFORMATIONAL G. Office Of The City Clerk Requests The City Commission Review This Agenda Item For Information Regarding Some Of The Preliminary Details And Dates Pertaining To The November 5, 2002 Municipal Election, Including The Submittal Of Qualifying Packet Documents. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 21 OF 24 INFORMATIONAL H. Office Of The City Clerk Informing The City Commission Of Normal Practices Related To Code Enforcement Board "Findings Of Fact" And "Relief Orders" And How Violators Are Notified By The City Of Winter Springs. INFORMATIONAL I. Information Services Department Wishes To Provide Information To The Commission About A Printer Purchased For The Building Department. INFORMATIONAL J. Finance Department Requests The City Commission Review Information Regarding The Form Of City Payment For The US 17-92 Redevelopment Charge. INFORMATIONAL K. Community Development Department Requests The City Commission Consider Information About The Avery Park Architectural Review Board (ARB). VI. PUBLIC HEARINGS PUBLIC HEARINGS A. Not Used. PUBLIC HEARINGS B. Office Of The City Attorney/Office Of The City Manager Request That The City Commission Consider First Reading Of Ordinance Number 2002-24 Amending Chapter 10 Of The City Code To Exempt Non-Commercial Solicitors From The Permitting Requirements For Solicitations Conducted In The City And Establish Criteria To Grant, Deny And Revoke Solicitation Permits. ADD-ON C. Office Of The City Attorney Consider An Ordinance To Amend Section 2-87 Of The City Code Relating To The Candidate Qualification Period. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 22 OF 24 VII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR A. Office Of The City Manager Requests The City Commission Schedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Accessory Buildings And Detached Garages (Ordinance 2002-14). REGULAR B. Office Of The City Manager Requests That The City Commission Make An Appointment To The Metroplan Orlando Citizens' Advisory Committee, To Replace Mr. Robert J. Lochrane, P.E. Who Has Recently Resigned. (This Agenda Item Was Listed On The July 8, 2002 And The July 22, 2002 Regular Agendas, However No Appointments Were Made.) REGULAR C. Office Of The City Clerk Requests That The City Commission Decide On The Following: An Appointment To The Code Enforcement Board To Replace A Member Of The Code Enforcement Board Who Recently Resigned; An AppointmentJReappointment Related To The Term Of Office Of A Member Of The Code Enforcement Board Whose .Term Expired In July 2002; And An Appointment To The Oak Forest Wall And Beautification District Advisory Committee, Related To A Member Whose Term Of Office Will Be Expiring In August 2002. REGULAR D. Finance Department Requesting The City Commission Establish Dates For Budget Workshops In The Month Of August And September 2002. REGULAR E. Office Of The City Manager Requesting Commission Direction Relative To The Use Of The Senior Citizen Center For Political Activities. REGULAR F. Office Of The City Manager Requesting The Mayor And City Commission To Appoint Members To The Arbor Ordinance Review Committee. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 23 OF 24 REGULAR G. Office Of The City Manager Requesting The City Commission To Decide Issues Related To The City Managers Annual Review. VIII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Two - Michael S. Blake REPORTS E. Commission Seat Three - Edward Martinez, Jr. REPORTS F. Commission Seat Four/Deputy Mayor - Cindy Gennell REPORTS G. Commission Seat Five - David W. McLeod REPORTS H. Commission Seat One - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 PAGE 24 OF 24 PAUL ,'PAR~YKA MAYOR NOTE: These Minutes were approved at the September 9, 2002 Regular City Commission Meeting.