HomeMy WebLinkAbout2000 05 08 Consent B Unapproved Minutes From April 24, 2000 Special Meeting
COMMISSION AGENDA
ITEM B
Consent X
Informational
Public Hearings
Regular
May 8. 2000
Regular Meeting
Mgr. / Dept.
Authorization
CONSENT
B. Office Of The City Clerk
Approval Of The Minutes Of The Special Meeting Of April 24, 2000, Which Was
The Continuation Of The April 10, 2000 Regular Meeting,
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING
(THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING)
APRIL 24, 2000
I. CALL TO ORDER
The Special Meeting of April 24, 2000 of the City Commission was called to order by
Mayor Paul P. Partyka at 6:36 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, absent
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, absent
Public WorkslUtility Department Director, Kipton D. Lockcuff, P.E. present
City Attorney Anthony A. Garganese, present
.:..:. AGENDA NOTE: THE FOLLOWING IS THE CONTINUATION OF THE
LAST REGULAR MEETING, WHICH WAS PARTIALLY HELD ON MONDAY,
APRIL 10, 2000. .:. .:.
VI. REGULAR
C. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of Mr. Walt Dittmer For
Satisfaction Of The Code Enforcement Lien Against His Property.
Ms. Jimette Cook, Code Enforcement Inspector addressed the Commission regarding the
time line of this case; "The Board reached a decision of thirty-five (35) feet from the edge
of the property line, and wanted Mr. Dittmer's property to be mowed;" compliance; a
required inspection; and Liens. Ms. Cook stated "I informed Mr, Dittmer several times
that in order to release the fine, which had become a Lien on the property, it would have
to be mowed, in compliance and an inspection requested." Code Enforcement Officer
Cook explained that "The Code Enforcement Board doesn't have the authority to reduce
or satisfy a Lien - "A Lien runs in favor of the governing body," and that the property is
now in compliance to the satisfaction of the Code Enforcement Board.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24,2000
THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING
Page 2 of 5
Ms. Cook stated that the City was not seeking the full amount of the Lien; possible
problems with miscommunication; and that the Commission is being asked for their
guidance regarding a possible reduction or satisfaction of the Lien, if it is so desired.
Discussion ensued on the current amount of the Lien. Ms. Cook stated, that "As of
March 25, 2000, when we inspected the property, it was $32,400.00, and it stopped
running on March 25th of this year." Further discussion followed regarding the costs
incurred by the City - which was estimated at approximately $50.00; correspondence
between both parties; compliance issues; and had the City checked on this matter.
Mr. Walt Dittmer, 1006 Shepard Road, Winter Springs, Florida: spoke of a "gross
misunderstanding;" his attempt to take care of the problem; compliance; the power
easement and berm; that he had not tried to "short-cut" the City; and the Lien.
Further discussion between Members of the Commission, Ms. Cook, and Mr. Dittmer
continued regarding miscommunication; easements; building a wall; deeding property to
"Wildwood;" what is the criteria for the mowing of (undeveloped) parcels of land within
the City; an "Order of the Code Enforcement Board;" letters sent to the City; what had
not been brought into compliance; other (undeveloped) parcels of land that are similar;
different sizes of buffers; "fIrebreaks;" the fIne; and notifIcation.
Commissioner Michael S. Blake suggested that "The number I would have - would be
$100.00 per day, for twenty days - that would be $2,000.00, plus the cost of $50.00; so
the amount that I would recommend to the Board would be $2,050.00."
Further discussion ensued about this property being a possible fire hazard to the nearby
wood-framed structures; how the property had been mowed; including the area west of
the retention ponds; swales; and communication problems. Also discussed was that this
property was a possible threat to the neighbors; and methods of communication.
Commissioner Martinez stated, "Mr. Mayor - Point of order please. Is there a Motion on
the floor?"
COMMISSIONER McLEOD THEN STATED, "BASICALLY, MY MOTION IS
BASICALLY TO LEVY A $2,000.00 (DOLLAR) FINE AND ADDITIONAL $50.00
(DOLLARS) FOR THE FILING, AND THAT WOULD TAKE UP THE TIME
UPON WHICH THE INITIAL ORDER HAD BEEN FILED TO BASICALLY
WHEN MR. DITTMER ORIGINALLY RESPONDED AND THOUGHT HE WAS
IN COMPLIANCE." MOTION BY COMMISSIONER McLEOD. SECONDED
BY COMMISSIONER BLAKE. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24, 2000
THIS IS THE CONTINUA TION OF THE APRlL 10,2000 REGULAR MEETING
Page 3 of 5
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: NAY
MOTION CARRIED.
Attorney Garganese suggested "I would bring it back to the Code Enforcement Board to
reconsider and clarifying the Order, because if he does not come into compliance, then
fines could start accruing again. What this Board voted for tonight, was simply to offer
to satisfy the lien at $2,000.00, plus $50.00 cost. But, there is still the issue of clarifying
the Order, and assuring that he comes into compliance. That jurisdiction belongs to the
Code Board, so it needs to go back, for that purpose."
Ms. Cook stated, "And I can initiate that proceeding. So, we'll do that for the next Code
Board meeting, and Mr. Dittmer will be noticed, and what we'll do is ask for a new
Order." Code Enforcement Officer added, "We can't bring it as a violation, because he is
in compliance now, but we'll ask the Board to consider amending their Order, and that
way we can take into consideration the ditches, that are now dry, but that will be wet if
we have water."
Commissioner Edward Martinez, Jr. asked that based on the testimony heard here
tonight, that the City Manager "Instructs the Code Enforcement Department to go out
there and inspect all these properties, and see if they are in compliance with the Code or
not; and report back to the Code Enforcement Board; and also assist in making sure that
one of those fires doesn't take over here in the City and cause us a lot of destruction and
possibly health hazards."
D. Police Department
Requesting The Commission To Give Approval To Purchase A Kustom Signals,
Speed Monitoring Awareness Radar Trailer, Known As A SMART Radar Trailer.
Chief of Police Daniel J. Kerr addressed the Commission and asked that they approve
this device "to assist us in slowing the traffic in the City. This device is not specifically
for enforcing traffic, but to slow traffic down." Chief Kerr explained that this device was
computerized; that a lot of man-hours can be saved with this device; staff could be
assigned; and vehicle counts can be shared with other departments and agencies.
Further discussion ensued on related purchasing; that this be designated "sole source";
using the County's equipment; whether this unit be used to issue citations; Police
Officers per capita; that this could be a very effective tool; that it would primarily be used
on an unmanned basis; and violations.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24,2000
THIS IS THE CONTINUA TION OF THE APRJL 10,2000 REGULAR MEETING
Page 4 of 5
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'D' FOR
THE 'SMART' RADAR TRAILER, AT THE AMOUNT $15,055.00." MOTION
BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION. COMMISSIONER BLAKE STATED, "POINT OF
ORDER. DID THE COMMISSIONER MEAN TO MAKE THIS PART OF THE
MOTION - THE FACT THAT THIS A SOLE SOURCE ITEM AND DOESN'T
GO THROUGH A BID PROCESS." COMMISSIONER McLEOD STATED,
"YES. I DID MENTION THAT THE APPROVING OF ITEM 'D' WHICH DOES
GIVE US SINGLE SOURCE."
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
E. Community Development Department - Land Development Division
Presents To The City Commission, For Their Action, The Planning And Zoning
Board Recommendation On The Final Engineering Plans As It Relates To The
Proposed Winter Springs Executive Park.
Mr. Don LeBlanc, Land Development Coordinator explained the premise of this Agenda
Item, and mentioned that "The Planning and Zoning Board recommended that it be
approved, with the condition that the 'FDOT' permit be submitted to the City, prior to
pre-construction. "
Tape IISide 8
Discussion followed regarding whether "FEMA" should be involved with this; the
proximity of the septic tanks to the lake; that the County permits the septic tanks;
compliance with the "434 New Development" plan; compliance with our Arbor
Ordinance; and that "That's also in the area that was identified by the 'DEP' as being
archeologically and historically significant, and we need to have them do that
archeological survey." Regarding some surveys already done, Mr. LeBlanc stated that he
would check his records; and then stated, "If it had not been done as a stipulation to
approval, that an archeological survey be completed."
"I WILL MOVE TO APPROVE ITEM 'E' ON THE REGULAR AGENDA
SUBJECT TO THE PROVISION OF AN ARCHEOLOGICAL SURVEY - AND
THE 'FDOT' PERMIT, PRIOR TO PRE-CONSTRUCTION." MOTION BY
COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24, 2000
THIS IS THE CONTINUA TION OF THE APRIL 10, 2000 REGULAR MEETING
Page 5 of 5
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTYMAYORGENNELL: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
H. City Manager
Requests The City Commission To Consider An Amendment To The City Code To
Provide That A Minor Change To PUD Documents Would Be Submitted To The
City Commission For Approval.
(This Aflenda Item Has Been PostDoned To The Mav 8. 2000 Rel!ular Meetinl!).
No action was required or taken.
VII. REPORTS
Reports Will Be Covered At The Conclusion Of The April 24, 2000 Regular Meeting.
VIII. ADJOURNMENT
Mayor Partyka adjourned the meeting at 7:42 p,m.
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
APPROVED:
PAULP. PARTYKA, MAYOR
NOTE: These minutes were approved at the
,2000 City Commission Meeting.