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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.