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HomeMy WebLinkAbout2001 11 12 Consent K Approval of October 1, 2001 City Commission Special Meeting Minutes COMMISSION AGENDA ITEM K Consent X Informational Public Hearings Regular November 12. 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT K. Office Of The City Clerk Requesting Approval Of The October 1, 2001 City Commission Special Meeting Minutes. ;' CITY OF WINTER SPlUNGS MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 1,2001 I. CALL TO ORDER The Special Meeting of Monday, October 1, 2001 of the City Commission was called to order by Deputy Mayor David W. McLeod at 6:42 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). CITY COMMISSION ROLL CALL: Mayor Paul P. Partyka, arrived at 7:28 p.m. Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, absent City Manager Ronald W. McLemore, arrived at 6: 45 p.m. Public Works/Utility Department Director, Kipton D. Lockcuff, P.E., present City Attorney Anthony A. Garganese, present LOCAL PLANNING AGENCY ROLL CALL: Chairman Bill Fernandez, absent Vice Chailman Tom Brown, present Board Member Brent Gregory, absent Board Member Rosanne Karr, present Board Member Carl Stephens, Jr., present II. AGENDA A. Community Development Department Requests That The City Commission And Local Planning Agency (LP A) Conduct A Workshop To Review The Recommendations Of Land Design Innovations (LDI) For The Evaluation And Appraisal Report (EAR) Based Amendments To The Housing, Water, Sewer, Drainage, Aquifer Recharge, Capital Improvements, Recreation And Open Space And Intergovernmental Coordination Elements/Subelements Of The City Of Winter Springs Comprehensive Plan. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1,2001 PAGE 2 OF 14 Mr. Marc Stehli, Director of Engineering with Land Design Innovations, Inc. addressed the Commission. City Manager Ronald W McLemore arrived at 6:45 p.m. Deputy Mayor McLeod stated, "Let the record show, at 6:45 the City Manager joined us." .:. .:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE LOCAL PLANNING AGENCY. .:..:. The Pledge of Allegiance was recited. Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director advised the Commission of the following and stated, "In the sewer element, if you would look at map IV-A-I - we are going to revise that sewer plant location - here on the west side of town; and then the next map, IV -A-2, those are actually the water plants so we need to switch those to the sewer plant locations." Mr. Lockcuff then stated that regarding Policy 1.5.3, "That provision only applies if they are contiguous to a planned distribution route of the reclaimed water system. I would recommend that you consider that language be added to be consistent with our code." Discussion. Regarding the requirement to connect to a sewer system, Board Member Carl Stephens, Jr. asked, "Will there be any financial help for these people?" Mr. Lockcuff stated, "It says we will prioritize by 2005, so that will be a kind of a working list of areas that we will target." Further discussion ensued on this and on the Capital Improvement Plan. Board Member Stephens said, "Would you consider the change in the word 'Required' to 'Encouraged.'" Manager McLemore stated, "No, I think you have to give this elected body on a matter of financing, the full options to make that decision at a point in time that's appropriate to make that decision. That point in time is not now." With further discussion, Manager McLemore stated, "I don't have a problem with backing off that and just saying that the appropriate form of financing will be determined at that point in time, based on what data you have - what the costs are going to be." Manager McLemore then said, "I think the City should explore all possible ways of funding that." Board Member Stephens then said to Manager McLemore, "Do you feel strongly enough to put that in there." Manager McLemore said, "Sure." Board Member Stephens agreed. Manager McLemore said, "I would say, "All possible alternatives for financing." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1.2001 PAGE 3 OF 14 Vice Chaimlan Tom Brown stated, "} guess that answers the one on 1.5.3; then, when new developers come in for the reclaimed water, the new developer would put that in, He would just charge the homeowner; whoever bought the house would end up with the cost because some of those lines could be more extensive." Board Member Stephens then stated to Vice Chairman Brown, "Whenever we do vote on this, I have a statement I would like to have placed in this: 'The City will explore all possible ways of funding, in order to ease the burden on the existing residence.'" Vice Chairman Brown stated, "What's your favor on this element?" "I SO MOVE." MOTION BY BOARD MEMBER STEPHENS. SECONDED. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER STEPHENS: AYE VICE CHAIRMAN BROWN: AYE MOTIO!~ CARRIED. Deputy Mayor McLeod said to Vice Chairman Brown, "I take that your Motion was to move - as noted with changes. Correct?" This was agreed to by Members of the Local Planning Agency. .:. .:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE CITY COMMISSION. .:..:. Deputy Mayor McLeod advised those in attendance, "I would like to make sure that we understand this evening, it's not a 'Workshop,' but this evening is actually a Joint Session between the City Commission and the Local Planning Agency. Agenda Item 'A' is a 'Special Meeting,' and under 'A,' under the 'Request,' calls it to conduct a 'Workshop.' These have been 'Special Meetings.' Would you please make sure the record reflects that, on all of them." Regarding sewer service, Commissioner Robert S. Miller said, "If there is no requirement to do this, I think this policy ought to be changed to leave it up to the City to respond in existing areas, if it feels the need, and alternatively in new areas that are under development, I think that would already be addressed as part of the applicant's coming to the City. So, I would think something along the lines of the following, 'By 2005, the City shall identify and map those areas within the City's service area which is serviced by septic systems and prioritize - based on need, determined by soil suitability, density and environmental concerns at that time. In other words, that would leave it up to the City to comply with any federal laws that might be around at that time." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1.2001 PAGE 4 OF 14 Discussion. Commissioner Miller then suggested the following wording, "'By 2005, the City shall identify and map those areas within the City's service area which are served by septic systems and prioritize areas;' and then add, 'Based on need;' take out 'Requiring central sewer service based on' and continue on with 'Soil suitability, density and environmental concerns at that time. ", Cummissioner Michael S. Blake stated, "Point of Order" and asked Commissioner Mille;' to reiterate his suggestion. Commissioner Miller stated, "By 2005, the City shall identify and map those areas within the City's service area which are served by septic systems and prioritize areas based on need, determined by soil suitability, density and environmental concerns at that time." Discussion followed on needs and funding. Commissioner Blake suggested that Policy 1.4.2 should remain as written. Manager McLemore suggested that "Where it says which are served by septic systems and prioritize areas - which may require - central sewer service based on soils..." - Manager McLemore then said, "...I think the 'May require' - says that it is something we will determine in the future based on..." Commissioner B lake stated, "...I think that is a good addition - with that single word insertion." Commissioner Miller agreed and stated, "I have no problem with it." "CHANGE POLICY 1.4.2, STRIKING THE WORD 'REQUIRING' AND ADDING IN 'WHICH MAY REQUIRE' IN THE SAME PLACE." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Regarding the septic tank policy, Mr. Stehli stated "It's not relative where the house or the Septic tank is, it's if the sewer service line is within fifty (50) feet of the right-of-way or the property line." Deputy Mayor McLeod then said, "So, if it goes past his property line, he has got to connect." Mr. Lockcuff agreed with this and clarified that it was within one (1) year to notice and one (1) year to connect." Brief discussion followed on heaJth and safety concerns. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETiNG-OCTOBER 1.2001 PAGE 5 OF 14 City Attorney Anthony A. Garganese asked where the definition of "Available" came from. Attorney Garganese stated, "I am concerned about inconsistencies between this policy and State law." Attorney Garganese then said, "We probably need to take a look at Objective 1.4, just for consistency with State law." Deputy Mayor McLeod asked that this be check into. Tape I/Side B Mayor Paul P. Partyka arrived at 7:28 p.m. Deputy Mayor McLeod stated that the Mayor was now present and that Mayor Partyka "Has joined us and will take over the Meeting at this time." Discussion followed on capacity and treatments plants. Commissioner Blake inquired about Impact Fees, and asked, "If we already have double the capacity that we will need ten (10) years from now, how do we legally charge an Impact Fee to provide additional capacity, if we are already at over capacity?" Manager McLemore explained, "We don't have an Impact Fee, we have utility connection fee." Commissioner Blake then inquired, "We don't charge a direct Impact Fee on Wastewater?" Mr. Lockcuff stated, "We don't call it that." Manager McLemore stated, "It's a type of Impact Fee." Attorney Garganese stated, "I would have to look at that issue Commissioner. It seems feasible to make an argument that, are you recouping previous expenditures to increase your planned capacity through a service availability fee." Further discussion. Mr. Lockcuff stated, "This is map IV-A-2, reclaimed water - treatment plants, these are actually the water plants, so it will match the other map. It will be the east - water treatment plant and maybe that was what was confusing is to call it a water treatment plant - the west - needs to be stricken." Commissioner Blake then said, Policy 1.3.1 says, "You have to COlmect if it is available." Further, Commissioner Blake pointed out that Policy 1.3.4. says, "You have to connect if it is not available; you have to make it available, to connect to." Commissioner Blake then asked, "Which.one..are we_going to..changeT_ With..dis.cussion,.Mr..Lockcuffstated,. h.__ _ 'That's why I would suggest we just get back to the State Statute definition of available and follow that." Further discussion. Mr. Stehli suggested, "Would you want to amend that policy to say - 'when existing essential sanitary sewer service is determined to be unavailable to new development and the use of septic tanks is...'" Deputy Mayor McLeod suggested, "I think that would be wise for us to leave it as it is - to give us that option." Commissioner Edward Martinez, Jr. agreed with this." Commissioner Miller also agreed with what Deputy Mayor McLeod stated. Mr. Lockcuff stated, "You are leaving 1.3.1 the same as it is?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1.2001 PAGE 6 OF 14 Mem1.Jers of the Commission agreed. Mr. Lockcuff then said, "Even 1.3.4?" This was also agreed to. Policy 1.5.3 was next discussed. Mr. Stehli suggested that the wording be adjusted to say: ".. . Shall require installation for all new developments within the planned irrigation - service area." Discussion followed on septic systems being inspected properly by the appropriate agencies. Commissioner Blake asked, "How do we enforce the hook-up? How do we stop the Health Department from allowing another permit to be issued to replace a septic system, when our code does not allow for that?" Commissioner Blake then asked, "Is the Health Department permit sufficient to replace a septic system?" Mr. Lockcuff stated, "Yes." Commissioner Blake then inquired, "Do we have the legal availability to require - these permits?" Manager McLemore said, "It's something we need to check on." AttOrney Garganese stated, "I'll look into it a little bit more, however, I believe we do have the right to establish when someone is required to hook-up, as long it's probably a more stringent requirement than what is provided by law. For us to enforce that policy, we would have to use certain legal remedies." Attorney Garganese added, "It does require some amount of coordination between the City and the Health Department on that, on the issue of septic tank versus hook-up to central sewer." Deputy Mayor McLeod suggested, "I just think that we should have a way to interact with the County Health Department, by putting them on notice." Mayor Partyka added, "Shouldn't we have some kind of simple positioning or process in place?" Attorney Garganese agreed and said, "We need to make sure that the right people have a copy of our regulations, and - it's just coordination on these issues, so we insure that our policy gets enforced. Sometimes it requires cities to make certain demand letters on the County, advising them not to approve septic tanks when we have sewer service available." Further, Attorney Garganese suggested, "You establish your policy and then all of this intergovernmental coordination comes outside of this plan." Deputy Mayor McLeod asked about Policy 1.3.4. Mr. Stehli suggested that appropriate wording might be: "... When existing central sanitary sewer service is determined to be unavailable to new developments and conditions are not favorable for the use "of septic tanks, then you make them extend the line at their expense and connect." Deputy Mayor McLeod then asked Mr. Stehli, "Is there a way you could word the commercial or the industrial where it is mandated into it?" Mr. Stehli responded, "Sure." Discussion with Members of the Commission followed. Deputy Mayor McLeod then suggested that due to the complexity of this issue, "It sure would be nice to see Staff work on this with the Consultants, to try to bring this - maybe at least only this portion of the element, these two (2) issues back to us tomorrow night?" Urban sprawl was briefly discussed, as it relates to this subject. In conclusion, it was agreed that this matter would come back tomorrow evening. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1,2001 PAGE 7 OF 14 '(I WOULD LIKE TO MAKE A MOTION WE ADOPT THE SAN IT ARY SEWER SUB-ELEMENT, ADOPTING EACH OF THE CHANGES LISTED THIS EVENING WITH THE EXCEPTION OF POLICY STATEMENT, THE POLICY OBJECTIVES 1.3.1 AND 1.3.4, WHICH WILL COME BACK TO US AT A LATER TIME FOR ADOPTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. ATTORNEY GARGANESE THEN STATED, "I JUST WANT TO ADD ONE OTHER THING THAT I THINK SHOULD BE ADDED, IN YOUR POTABLE WATER ELEMENT, YOU ARE DEFINING YOUR SERVICE AREA AND IN YOUR SEWER ELEMENT, YOU ARE NOT DEFINING YOUR SERVICE AREA, AND YOU PROBABLY SHOULD. I KNOW YOU HAVE MAPS THAT REFLECT IT, BUT THE EXISTING SEWER AREA SHOULD BE THE CORPORA TE LIMITS OF THE CITY AND OUTSIDE THE CORPORATE BOUNDARIES, AS APPROVED IN WRITING BY THE CITY COMMISSION TO GIVE YOU THE FLEXIBILITY TO GO OUTSIDE YOUR BOUNDARIES, IF YOU SO DESIRE TO SET THAT POLICY." Tape 2 /S ide A. ATTORNEY GARGANESE ADDED, "YOU MAY WANT TO ESTABLISH AN EXTRA TERRITORIAL OR OUTSIDE YOUR CITY POLICY SOMETIME IN THE FUTURE TO MAYIBE USE UP SOME OF THAT EXCESS CAPACITY. YOU CAN REQUIRE ANNEXATION AGREEMENTS IF IT'S IN UNINCORPORATED SEMINOLE COUNTY, AND IT'S GOOD TO HAVE THAT FLEXIBILITY. " COMMISSIONER BLAKE THEN SAID, "I WOULD LIKE TO MAKE AN AMENDED MOTION TO INCORPORATE THE ATTORNEYS' REMARKS." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: ,AYE..... ,.. COMMiSSIONER BLAKE: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1,2001 PAGE80F 14 .:..:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE LOCAL PLANNING AGENCY. .:. .:. Mr. Stehli. spoke of Potable Water, fire protection and a possible deficiency. Board Member Stephens inquired, "Should there be a required distance?" Manager McLemore responded, "We need to talk through that again and maybe come back with a recommendation for you tomorrow night." Brief discussion followed on ratepayers. "I MOVE THAT WE PASS THIS ELEMENT ON TO THE COMMISSION WITH OUR COMMENTS." MOTION BY BOARD MEMBER KARR. SECONDED. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER STEPHENS: AYE VICE CHAIRMAN BRO\VN: AYE MQTION CARRIED. .:. .:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE CITY COMMISSION. .:..:. Further discussion followed on the payment of rates. Commissioner Martinez said, "I think our citizens here are burdened enough as it is to - put an additional burden on them to have to pay for connecting to water." Deputy Mayor McLeod said that since the Manager needs more data, "I think we need to find out what this data is before we put this in the Comprehensive Plan and again it is something that could be handled through the Commission at a later date." Deputy Mayor McLeod added, "I think if it is an Element that is that important, I don't know that it needs to hold this up from moving forwards, but it is something that in the next six (6) mcnths, the next year, the Manager could gather the information on it and bring it back as a revision to the Comprehensive Plan." Mayor Partyka asked the Commission, "Would you be willing to give that - to the City Manager and let him do some research on it and come back later on?" Commissioner Miller stated, "Yes." Commissioner Blake stated, "Yes." Commissioner Martinez stated, "Yes." Deputy Mayor McLeod stated, "Yes." Regarding 1.4.4, it was suggested to Staff that, "When looking in the last section, the 1.5.4 reclaimed language, for consistency purposes we might want to marry those two (2) up." Discussion followed on consumption levels. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1.2001 PAGE90FI4 Commissioner Blake asked about changing out the meters, and asked, "Where did 'fifteen (15) years' come from?" Regarding Policy 1.3.1 and Policy 1.3.4, Commissioner Blake said, "It basically suggests that we do not have the ability to take advantage of wholesaling of water outside the City." With brief discussion, Manager McLemore said, "We need to amend that." Attorney Garganese stated, "I would suggest in 1.3.1, that you consider language such as this, 'The City's potable water service area shall be defined by the corporate limits of the City and those areas outside the corporate limits established by the City Commission by written instrument. And then before providing potable water service to properties located in unincorporated Seminole County, the City shall require that the property owners execute and record an annexation agreement, approved by the City Commission; and then further, the City can provide wholesale potable water service to other cities in Seminole County by written agreement." Mayor Partyka asked Attorney Garganese, "Those words that you have just said on all those points, you have those written down?" Attorney Garganese stated, "I will provide it to yot: tomorrow in writing." Mayor Partyka then polled the Commission to see if they were in agreement with this, and then stated, "Everybody is saying yes." Commissioner Bbke added, "Well done." Commissioner Blake then asked about Objective 1.3 and said that the wording makes "No mention of availability." Deputy Mayor McLeod asked, "Isn't this the Element where we should have that we have the interconnection - we are now going ahead and connecting further to the south?" Mr. Lockcuff stated, "We could put a policy in there about encouraging interconnection and looping." Deputy Mayor McLeod added, "I think it might be good that we have that, in case we adopt this and we are not completed with that connection yet, so it is part of the Comp Plan." Mayor Partyka then asked the Commission, "Any problem with anyone on that?" No.one voiced a problem. "I WILL MAKE A MOTION THAT WE ADOPT THE POTABLE WATER SUB- ELEMENT INCORPORATING THE CHANGES DISCUSSED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER .BLAKE:AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE LOCAL PLANNING AGENCY. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER I, 200 I PAGE 10 OF 14 Vice Chairman Brown called a break at 8:42 p.m. ThL:? Special Meeting was called back to order at 8:47 p.m. Mr. Stehli spoke on the Drainage Element. Vice Chairman Brown asked Mr. Stehli to review the maps and charts again; pointed out that on "Page IV -D-l we found a period missing at the end of the first paragraph. It is still missing." Vice Chairman Brown stated, "We had mentioned that the definition of various acronyms, even ifit six (6) months from now, I am certainly going to bring it up at Planning and Zoning Meetings to the City when we re-do this, that in the front of the book, there should be an acronym section." Furthermore, Vice Chairman Brown said, "Greenspoint subdivision is missing." Ms. Hall mentioned that a number of private subdivisions that have not been included in this list. Vice Chairman Brown stated, "Commissioner McLeod had mentioned that on revisions, after we proceed with these, that if you would give us a facing sheet with what was changed or added only, rather than having to go through the whole thing again, could you still do that?" The funding of drainage improvements; impact fees; storm water fees; and the Aquifer Rech:\rge area were then briefly discussed. "I MOVE THAT WE APPROVE THE DRAINAGE AND AQUIFER RECHARGE ELEMENTS OF THE COMPREHENSIVE PLAN AND PASS IT ON TO THE CITY COMMISSION." MOTION BY BOARD MEMBER KARR. SECONDED. DISCUSSION. VOTE: VICE CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE BOARD MEMBER STEPHENS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE CITY COMMISSION. .:..:. Mayor Partyka pointed out that, "Seminole Pines Mobile Home Park is not Seminole Pines anymore, it is Tuskawilla Trails." Commissioner Miller asked about Policy 1.1.1 and felt that the map should be reviewed in more depth. Tape 2/Side B CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1,2001 PAGE II OF 14 Commissioner Miller then pointed out that, "The area where I Jive is an example, is shown as a Discharge area and not a Recharge area." Commissioner Miller then stated, "This is our City and this is a problem for us. I think Recharge is a problem for us and I don't want the State to point out to us that we have a serious problem with Recharge areas." Ms. Tracy Crowe, Principal Planner with Land Design Innovations, Inc., stated, "There could be a policy if the City wanted to evaluate it in the future or do a study to evaluate the Aquifer Recharge map, this is just the best data available at this point." Mayor Partyka asked about the accuracy of the maps. Commissioner Miller then stated, "Do we need to make a Resolution or something this evening to verify the accuracy of these maps?" Manager McLemore suggested, "Maybe what we could do is get the Water Management District to come to the Commission and present their data, so the Commission understands." Commissioner Miller stated, "That might not be a bad idea, because I am not comfortable at all with this." Furthermore, Commissioner Miller said, "1 think a good way to close this issue would be to have St. John's invited to come and see us." Mayor Partyka suggested, "Rather than having St. John's come in, why can't we just ask them how comfortable are you with the al:curacy of this?" Mr. Stehli stated, "We can look into that." Regarding IV -D-5 - Discussion next covered "Levels of Service" and flooding. Commissioner Blake questioned "Level of Service A" and "Level of Service D." Ms. Crowe suggested that "Level of Service D" could be worded differently. Commissioner Blake suggested, "I am willing to give you folks time to go back a take another look at it." Much discussion. Mr. Lockcuff suggested that regarding the Stornlwater Master Plan, they could try to clarify this section. Further discussion on "Level of Service 0" in relation to concurrency and the Stormwater Element ensued. Commissioner Blake stated, "What I am concerned about is when we have a development proposal that comes in, if we feel that they are not doing enough to manage the stormwater runoff situation from that development. Do we have more than our LDR's to go to? Do we have the ability to come all the way back to the Comp Plan?" Discussion. "I MAKF~ A MOTION TO APPROVE WITH THE STIPULATIONS OF THE COMMISSION..." MAYOR PARTYKA STATED, "...ON THE 'LEVELS OF SERVICE.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE ASKED, "I WOULD APPRECIATE AN EXPLANATION WHAT THE STIPULATIONS ARE ON THE 'LEVELS OF SERVICE.'" MAYOR PARTYKA SAID, "WHAT THE COMMENTS WERE THA T WE TALKED ABOUT IN TERMS OF CLARIFICATIONS ON 'LEVELS OF SERVICE. THAT'S WHAT I BELIEVE COMMISSIONER MARTINEZ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1,2001 PAGE 12 OF 14 W AS REFERRING TO." COMMISSIONER BLAKE THEN SAID, "WE DIDN'T TAKE A VOTE OR A POLL THOUGH TO GIVE STAFF ANY DIRECTION ON THAT SO THAT IS WHAT I AM ASKING." MAYOR PARTYKA STATED, "THE 'WAY I TOOK IT AGAIN, IS THERE WAS A LITTLE BIT OF CONFUSJON ON THAT AND THAT YOU WERE GOING TO LOOK AT IT AND SEE IF YOU COULD COME UP WITH SOMETHING THAT MAKES A LITTLE BIT MORE SENSE..." COMMISSIONER BLAKE ADDED, "...THAT WAS MY RECOMMENDATION MAYOR, BUT - THE COMMISSION DIDN'T EMBODY THAT SO..." MAYOR PARTYKA THEN SAID, "...1 TOOK SILENCE FOR AGREEMENT IN THIS CASE." COMMISSIONER BLAKE SAID, "IF THAT IS WHAT IS UNDERSTOOD, THAT'S FINE..." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Discussion followed on a conflict with the planned Meeting for tomorrow. With discussion, the consensus of the Commission was to hold the next Special Meeting on Thursday. October 4th, 2001, beginning at 6:30 p.m. Ms. Crowe stated, "The ones that are remaining - we have Intergovernmental Coordination, Capital Improvements, and we also have Housing remaining, so those are the three (3) that we haven't covered at all yet. But, we are going to also come back and present to you the changes to the Future Land Use - and the Recreation and Open Space." Mayor Partyka stated that regarding the Aquifer, "I have nothing here from the P and Z Board other than there was some question on Policy 1.1.1." "I WILL MAKE A MOTION TO ADOPT THE SUBSECTION 5 - THE AQUIFER RECHARGE SUB-ELEMENT, INCORPORATING THE RECOMMENDATIONS FROM P AND Z." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Deputy Mayor McLeod said, Mayor, I want to make sure, now this did pass then with the map of IV-E-2, right? Mayor Partyka stated, "That's correct." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 1,2001 PAGE 13 OF 14 .:. .:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE LOCAL PLANNING AGENCY. .:. .:. Vice Chairman Brown asked members of the Local Planning Agency, "Do you feel, the BOdrd, do we feel we have time to discuss the Capital Improvements this evening." "I WOULD LIKE TO MAKE A MOTION TO POSTPONE THAT ELEMENT UNTIL THURSDAY NIGHT." MOTION BY BOARD MEMBER KARR. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. .:. .:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE CITY COMMISSION. .:..:. III. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY DEPUTY MAYOR McLEOD THEN STATED, "I'LL CHANGE MY VOTE." DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka adjourned the Special Meeting at 9:44 p.m.. .. .." RESPECTFULLY SUBMITTED: :'"1 ZO-LUACES, CMC .-:~ ., K . , ... .. 'I. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER I, 200 I PAGE 14 OF 14 ,d I' A~"'OVE :~"'-D' " . r I. , ~' }\, ., I \~ " {;. ~t I ....:..-- _.,. I PAUL n. PARTYKA . , 1\1'.L\, Y OR NOTE: These minutes were approved at the November 12.200 I Regular City Commission Meeting,