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HomeMy WebLinkAbout2001 10 08 Consent F Approval of the September 24, 2001 Regular City Commission Meeting Minutes COMMISSION AGENDA ITEM F Consent X Informational Public Hearings Regular October 8, 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT F, Office Of The City Clerk Approval Of The Minutes Of The September 24, 2001 Regular City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 24, 2001 I. CALL TO ORDER The Regular Meeting of Monday, September 24, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:31 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 David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 8:29 p.m. Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, absent City Manager Ronald W. McLemore, absent Public WorkslUtility Department Director Kipton D. Lockcuff, P.E., present City Attorney Anthony A. Garganese;present.- -. -... .. .... Mayor Partyka brought up the recent tragedy on September 11th. Furthermore, Mayor Partyka spoke about the recent drowning of a teenager, Cory Norwood, who was "One of the fatalities of the Hurricane Gabrielle situation." Mayor Partyka advised those in attendance that Cory Norwood lived near Gee Creek. A moment of silence was followed by a unique version of the Pledge of Allegiance led by Resident Joanne Krebs. Mayor Partyka then spoke of the numerous courageous efforts made to find Cory Norwood, and said "It was a credit to our Police Force, our Fire Department, our paramedics. Also, I would like to give credit to the Seminole County Sheriffs Department; also the V olusia County Diving team that came out, as well as the Seminole County Diving Team. It was a very, very strong community effort." Commissioner Edward Martinez, Jr. added, "About four weeks ago - Commissioner Miller requested that Gee Creek be cleaned up because of all of the debris there, and if it still is there, I think we ought to make sure that if it's the responsibility of the City of Winter Springs to remove and clean up all of the debris that lays in Gee Creek and that we do so." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24,2001 PAGE 2 OF 28 II. PUBLIC HEARINGS - PART 1 PUBLIC HEARINGS A. Office Of The City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. 2001-40, Which Establishes The Final Millage For Fiscal Year 2001-2002 For The City Of Winter Springs At 3.7708 Which Is 12.47 % Above The Rolled-Back Rate Of 3.3528. Ms. Louise Frangoul, Finance Department Director introduced this Agenda Item. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION 2001-40 ESTABLISHING THE FINAL MILLAGE RATE FOR THE FISCAL YEAR 2001-2002, AS STATED HERE IN THE FIRST ITEM." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. Ms. Frangoul advised the Commission that "I do recommend raising that millage to 3.8332 to not only fund those Police Officers for an entire year, hiring them in April, but to hedge against what I think are some - shortages." Discussion followed on when the funding for the proposed four (4) new Police Officers should take place, and possible Health Insurance adjustments for several retired employees. Commissioner Martinez said, "Point of Order. " Discussion. "I WOULD LIKE TO RESTATE THE MOTION OF COMMISSIONER MILLER TO APPROVE THE MILLAGE AT THE 3.7708." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24,2001 PAGE 3 OF 28 PUBLIC HEARINGS B. Office Of The City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of: · Resolution No. 2001-41, Establishing The Final Budget For Fiscal Year 2001- 2002. · Approve The Revised Budget For Fiscal Year 2000-2001. In presenting this Agenda Item to the Commission, Ms. Frangoul stated this "Proposed Final Budget is the same as the Tentative Budget discussed during the September 10th Public Hearing, except for the changes reflected in the Memorandum attached to the Public Hearing Item Number 'A' - Final Millage. It's also in the front of your Final Proposed Budget Book. The changes to this Final Proposed Budget have resulted in no net effect on the "General Funds" fund balance. There have been no additions to or subtractions from. Also with this Agenda Item, we are revising the Budget for fiscal year 2000-2001. There had been changes made throughout the year on supplemental appropriations; in addition, we have reviewed some of our year-end balances and have made additional changes to the 2000-2001 Budget." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'B' RELEVANT TO RESOLUTION 2001-41, ESTABLISHING THE FINAL BUDGET FOR THE FISCAL YEAR 2001-2002." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER l\1:iLiJtR: "Ayit DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Ms. Frangoul then said to the Commission, "I also need for you to approve the amended 2000-2001 Budget." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 4 OF 28 "I MAKE A MOTION THAT WE APPROVE THE REVISED BUDGET FOR FISCAL YEAR 2000-2001 AS PRESENTED." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. III. PUBLI C INPUT Mr. Art Hoffman: spoke of the recent national events and suggested that everyone live each day as ifit were their last, and added that one should not be grouchy. Mr. Paul Stanifer, 117 Cherry Creek Circle, Winter Springs. Florida: spoke in support of builder Ric Heidenescher. (A matter related to Mr. Heidenescher will be discussed under Regular Agenda Item "F"). Mr. Tom Parker, 51 Partridge Circle, Winter Springs, Florida: spoke of his water being cut off. Tape (/Side B Mr. Parker further spoke of problems he has experienced with an excessive bill and related water bill problems. Discussion followed on policies; problems with meters; and erroneous service cut-offs. Deputy Mayor David W. McLeod asked, "I would like to know then, Mayor, why it takes from January to September - when the first draft was prepared." City Attorney Anthony A. Garganese explained to Deputy Mayor McLeod about the drafts of the proposed policy, and said to him, "You should have it before you at the next Meeting." Deputy Mayor McLeod advised Mr. Parker, "We now have a solution or policy to come forward. That sounds .to me like we are going to retroactive it back to your situation, to resolve whatever it was, or partially resolve it with you and I guess I would like to perhaps see your presence at the next City Commission Meeting when we discuss this thing, and let's find out if it is a workable solution." Members of the Commission apologized to Mr. Parker for the problems he has experienced. Commissioner Martinez said to the Mayor and Mr. Kipton D. Lockcuff, P.E., Public WorksfUtility Department Director, tell the Manager that "We have to come up with something and we have to make sure that we listen to his complaints more CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 5 OF 28 carefully." Commissioner Martinez suggested that the equipment may need to be sent to "Somebody else." Deputy Mayor McLeod then said, "Would Staff see that Mr. Parker IS notified the evening that that is coming in front of us. I think that is important." Mr. Harold Scott, 374 Twelve Oaks Circle, Winter Springs, Florida: spoke of water billing problems, and suggested that the City implement a Policy. Mayor Partyka stated, "We are going to fix this problem!" Ms. Frangoul then addressed what is being done and mentioned that the Meter Services Manager is currently on Reserve duty. Deputy Mayor McLeod said, "I would advise the City Manager not to wait on this issue because this issue has dragged on." Deputy Mayor McLeod said to Mr. Lockcuff, "I would advise you that if he isn't back to work on Monday, that we pursue going forward." Deputy Mayor McLeod clarified that "If on Monday, Greg [Bishop] is not back, I would advise the Manager to move forward with the issue." Mayor Partyka asked for the consensus of the Commission on this matter. Commissioner Martinez stated, "I agree." Commissioner Robert S. Miller stated for the record, "If we do decide to go out and hire someone, that under the United States Government Policies, that man is entitled to have his job back, when he comes back." Commissioner Miller further stated, "If we need to go out and hire somebody tonight, it's going to have to be on short term, and it's going to have to be on that - basis, that this is strictly a thirty (30) day at a time contract. I would probably agree with that, but I am not going to agree with anything more long term than that." Deputy Mayor McLeod said, "My statement was not to replace Greg; mine was to resolve the problem. Now, if resolving the problem means you have to have a Consultant come in and help analyze; or City Staffhas to put someone else in analyzing the situation that Greg has worked for a couple of months on to get themselves up to speed as to where he was - that's exactly what I meant." Ms. Frangou1 explained to the Commission, "I think we can manually calculate this." Mayor Partyka clarified, "From a Commission standpoint, we are in agreement that we put this on the front burner." 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24,2001 PAGE 6 OF 28 CONSENT B. Office Of The City Clerk Approval Of The Minutes Of The August 28, 2001 Special City Commission Meeting. CONSENT C. Office Of The City Clerk Approval Of The Minutes Of The September 10, 2001 Regular City Commission Meeting. Commissioner Martinez stated, on page twenty-two (22) of the September 10, 2001 Minutes, under Regular Agenda Item "G," "I put a Motion on the floor to approve alternative one (1) of the alternatives that were being presented to us, and there is no disposition here of that Motion." Mayor Partyka stated, "You'll handle that right Andrea [Lorenzo-Luaces]?" CONSENT D. Office Of The City Clerk Approval Of The Minutes Of The September 12, 2001 Special City Commission Meeting. "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. V. INFORMATIONAL INFORMATIONAL A. Parks And Recreation Department Providing The City Commission Current Information Regarding A Designated Dog Park. Discussion followed with Mr. Chuck Pula, Parks and Recreation Department Director. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24. 2001 PAGE 7 OF 28 Deputy Mayor McLeod said, "I think we need to have more input on this from the citizens. Weare looking at an additional group to possibly discuss the new park - property that we purchased; and I think as part of that purchase we should take a look at that as one of the items to be considered." "I MAKE A MOTION THAT THE CITY SPEND NO MORE MONIES AT THIS TIME ON THE DOG PARK." MOTION BY DEPUTY MAYOR McLEOD. DEPUTY MAYOR McLEOD FURTHER STATED, "THE MOTION WOULD BE THAT WE SPEND NO MORE TIME NOR MONIES AT THIS TIME ON THE DOG PARK AND THAT WE WAIT UNTIL WE ANALYZE THE NEW PROPERTY AND WE HAVE A COMMITTEE TO LOOK AT THAT." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "WE NEED TO LOOK AT THE ISSUE WHICH HAS BEEN GOING BACK AND FORTH FOR TWO AND ONE HALF YEARS NOW ABOUT TRANSPORTATION FOR SENIOR CITIZENS, AND I THINK THAT WOULD BE A PRIORITY OVER A DOG PARK." VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. INFORMATIONAL B. Not Used. IN FORMA TIONAL C. Police Department Informing The Commission That It Will Be Hosting A Meeting With The Residents On George Street Concerning Parking On George Street. The Commission was advised that a meeting on this matter is being held on Wednesday, September 26th at 7:00 p.m. Brief discussion with Chief of Police Daniel J. Kerr. Deputy Mayor McLeod said, "So, you are going to meet with them, and you're going to come back and give us some direction as to what the Manager and what the Police Department and also Utility thinks should be done." Mayor Partyka added, "And to report back - October 22nd, at this point of time." Deputy Mayor McLeod added, "Will you make sure that in that Agenda Packet is the old packet of information that we previously did take the time to discuss." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 8 OF 28 Commissioner Miller said, "I would also like to see Staff bring back the proposal for the parking - on the north side of George Street. We discussed putting in parking there with some kind of a landscaping feature. I would like to see that." INFORMATIONAL D. Parks And Recreation Department Notifying The City Commission That Cox Events GrouplWMMO Radio Stations Fall Music Fest On November 10, 2001, At Central Winds Park Will Have A $10.00 Per Ticket Cost. Members of the Commission discussed this issue with Mr. Pula. Commissioner Martinez spoke of his concern with "Turning Central Winds Park into a commercial enterprise." Also of a concern with Commissioner Martinez was the use alcohol, and problems with clean up. Commissioner Martinez further said, "I suggest that you re-think this price per ticket that you are charging these people." Discussion. Deputy Mayor McLeod said "I understand the issue. I think the thing that we need to do is take a look at this next year, when it comes back in front of us." Commissioner Miller stated, "I think you have heard some of the concerns of the Commission. I voice the same concerns so I suspect at some point we are going to be hearing from you again, in the not too distant future regarding the details of this. I think you have heard some of our concerns. So - if you need to address some with the Attorney or with WMMO - get back to us at the appropriate time." Mayor Partyka added, "This is a contractual issue already, we can't do anything other than they are telling us what it is." INFORMATIONAL E. Office Of The City Manager/Office Of The City Attorney Present To The City Commission Various Studies, Case Law, And Other Information Regarding Adult Entertainment Establishments, Sexually Oriented Businesses, And The .Effects Of Alcohol And Erotica And Deviant Sexual Behavior. Commissioner Martinez suggested this be brought back as an Agenda Item or at a Workshop. Attorney Garganese advised the Commission, "You currently have an Adult Entertainment Ordinance on the books. The purpose of this exercise is to update your Adult Entertainment Ordinance and also consider regulations regarding alcohol and nudity. The intent of this Agenda Item is simply the first stages of this whole process, other than your initial direction to go forward and update your Codes. This stage is CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 9 OF 28 simply to submit to you the studies that are on that table that have been indexed, for you to start mulling them over and considering them; then, we will come back with draft Ordinances for you to consider. But, the purpose of tonight's is simply so this Commission can accept these documents as the initial Legislative Record." "I WOULD LIKE TO MAKE A MOTION THA T WE ACCEPT THE INFORMA TION PROVIDED UNDER THIS AGENDA ITEM AND PUT IT INTO THE RECORD." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape 2/Side A It was agreed that Members of the Commission should check out the binders of documents with the City Clerk. Deputy Mayor McLeod said to Attorney Garganese, "Thank you for the work that you have done on this." VOTE: DEPUTY MAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. With further discussion, Attorney Garganese stated "A Workshop or a Special Meeting probably would be in order." Members of the Commission agreed to hold such a Meeting on Monday, November 5th, 2001 at 6:30 p.m. INFORMATIONAL F. Parks And Recreation Department Providing Information To The City Commission Regarding The 2001 Winter Springs Summer Day Camp Program. Regarding the Informational Agenda, Mayor Partyka said, "I need a Motion to approve." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24. 2001 PAGE ]0 OF 28 VI. PUBLIC HEARINGS - PART 2 PUBLIC HEARINGS C. Community Development Department Presenting To The City Commission A Request To Hold A Public Hearing To Consider A Special Exception To Allow An Automobile Repair Shop For Only Routine Service, As Set Forth In The City's Town Center District Code. Mr. Charles Carrington, AICP, Community Development Department Director and Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced this Agenda Item. Brief discussion followed on recommendations and the posting of the property. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Carrington read a letter from an adjacent property owner, Mr. Lewis Blumberg, of 1130 East State Road 434. Copies of this letter were handed out to the Commission. The "Public Input" portion of this Agenda Item was closed. Deputy Mayor McLeod spoke about "Special Exceptions" and specifically inquired, "Have we met, or are we meeting all of these exceptions?" Discussion followed on the Staff DRC; whether the application complied with the appropriate criteria; and whether the plan was drawn to scale." Deputy Mayor McLeod spoke of Preliminary and Conceptual plans. Deputy Mayor McLeod asked Attorney Garganese, "How can we be assured that that is how the building is going to be erected?" Attorney Garganese suggested, "The best way to assure that the project gets developed like that, and to make sure that the other conditions that appear to be spread out throughout this Agenda Item, is by Development Agreement; and I would recommend if you want to attach certain Commission conditions, that you do it by Development Agreement, and record it against the propertY, so that it will be binding and enforceable." Further discussion followed on whether the site plan was drawn to scale, and landscaping. Mr. Ronald L. Wilson, Florida Site Selectors, Inc.: As a Realtor representing Mr. Joe Miranda, he addressed the Commission on matters pertaining to this Agenda Item. Commissioner Michael S. Blake arrived at 8:29 p.m. Mayor Partyka stated, "Let the record show that Commissioner Blake is here now." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 11 OF 28 Deputy Mayor McLeod then inquired about parking requirements in the Town Center. Furthermore, Deputy Mayor McLeod said, "On State Road 434 the frontage road, there is a frontage road shown on this drawing that is running in front of the bui lding. How wide is the frontage road?" Mr. Wilson said, "That would be to the City to determine." Deputy Mayor McLeod then asked, "Are you donating that property to the City?" Mr. Wilson responded, "The City is requiring that we put in the frontage road." Discussion. In reviewing the map, Deputy Mayor McLeod asked, "Can we get colored ones for up here - at least for the books up here, that the Commissioners have, in the future?" Deputy Mayor McLeod further said to Mr. Lockcuff, "Kip, would you ask the City Manager to see that we have the same colored ones that we are going to deal with here." Mr. Lockcuff stated, "Yes, Sir." "Point of Order," stated Commissioner Blake. Discussion followed on this Public Hearing and the DRC review process. Mayor Partyka then said to Attorney Garganese, "From a 'Point of Order' though, is it safe to go on?" Attorney Garganese agreed that it was. Deputy Mayor McLeod added that Resolution 2001-08 should be referred to in this matter. Discussion. Deputy Mayor McLeod said, "Charles, so what you are saying is that our Consultants really are suggesting then that we do put the frontage road on that side of the street. I am asking this because this is the first piece of property being developed on 434 in that area, so it will establish what is going to happen in the future." Mr. Carrington said, "Yes, that is true." Mr. Wilson was asked by Deputy Mayor McLeod, "What is the paving surface that is going to be used on here?" Mr. Wilson responded, "Asphalt." Deputy Mayor McLeod inquired about where the drainage was to go to and said, ''''I just really believe that the information that we have in front of us, these - conceptual drawings just do not meet the intent of what is supposed to come in front of this Board, at this time." Deputy Mayor McLeod then asked about signage, and protecting neighboring properties. With further discussion on this issue, Deputy Mayor McLeod said, "If we go forward here, I would probably be making that kind of recommendation that we should look at perhaps a taller wall back there." Tape 2/Side B Discussion followed on the frontage road; traffic circulation; and whether the correct approval process was being followed. Attorney Garganese stated, "First of all, you need to fill out a proper application. One of the application requirements for 'Special Exception' in the Town Center is that you have a site plan drawn to scale, which shall indicate five (5) things. Commissioner McLeod has gone over those five (5) things. It appears to be a limited type of site plan. Also, your Code specifically states that the City CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24,2001 PAGE 12 OF 28 Commission can require additional exhibits and may defer approval of 'Special Exception' applications or schedule additional Public Hearings to review those exhibits." Commissioner Miller said, "I share the same concerns that Commissioner McLeod has brought up." Commissioner Miller further stated, "My recommendation would to be to go back and completely review the Code; make sure that the next time this comes up that we have everything we need, the items that have been mentioned by Commissioner McLeod, and I think we ought to just Table this." Commissioner Martinez spoke of a proposed wall, and said "You have to remember that there are properties to the West of this site." Commissioner Martinez then asked, "There is nothing shown here how you are going to protect - those properties from this commercial piece." Commissioner Martinez then advised those in attendance that "If we do approve this site eventually, that we abide by the City Attorney's suggestion and we enter into a Developer's Agreement with these people to make sure that we can enforce, not only this, but leakages of obnoxious liquids into other properties, and toxic waste." Commissioner Blake spoke of his concern with excessive noise and said that he would not support a "Special Exception." "I WOULD LIKE TO MAKE A MOTION TO DENY THE 'SPECIAL EXCEPTION' APPLICATION REQUEST FOR THE AUTO REPAIR SHOP AT 1135 EAST STATE ROAD 434 AND THE REASON I WOULD MOVE TO DENY IT BECAUSE THE 'SPECIAL EXCEPTION' DOES NOT MEET THE REQUIREMENTS STATED IN OUR CODE FOR A 'SPECIAL EXCEPTION.'" MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION FOLLOWED ON WHERE SUCH A BuSiNESS COULD Co IN tHE TOWN CENTER AND WHETHER ANOTHER APPLICATION COULD BE SUBMITTED WITH MORE INFORMATION AND BETTER DOCUMENTATION. ATTORNEY GARGANESE ADVISED THE COMMISS.ION, "IF YOU WANT TO GIVE THE APPLICANT AN OPPORTUNITY TO MAKE ANOTHER PRESENTATION AND ANOTHER PITCH, AN APPROPRIATE MOTION WOULD BE A MOTION TO TABLE, TO REQUIRE THEM TO GET THEIR ACT TOGETHER AND COME BACK BEFORE YOU AGAIN, AND NOT MAKE A FINAL DECISION TONIGHT." "MAYOR, I WOULD LIKE TO MAKE A MOTION TO TABLE THIS AT THE PRESENT TIME." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTORNEY GARGANESE CLARIFIED, "A MOTION TO TABLE TAKES PRIORITY UNDER ROBERT'S RULES, IT'S NON-DEBATABLE." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 13 OF 28 VOTE: (ON THE MOTION TO TABLE) COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Mayor Partyka stated, "Motion to Table has passed." Mayor Partyka called a break at 9:28 p.m. The Meeting was called back to order by Mayor Partyka at about 9:46 p.m. PUBLIC HEARINGS D. Not Used. PUBLIC HEARINGS E. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For A First Reading Of Ordinance No. 2001-49 That Would Establish A Procedure For The Appointment Of Alternate Board Members To Winter Springs Boards And Commissions. Commissioner Miller stated, "It is my understanding having read this that we are going to look to see two (2) Alternates put on the Code Enforcement Board at this time, but that we are going to leave in abeyance all of the other Boards until such time as it may be required to appoint Members to the Boards also; but this is not mandating that we appoint Alternates to all of the City's Boards, is that correct?" Attorney Garganese stated, "That is correct." Discussion. Tape 3/Side A Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION TO MOVE ORDINANCE NUMBER 2001-49 TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 14 OF 28 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS F. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For The First Reading Ordinance No. 20ot-50 That Would Establish Additional Regulations Of Off-Premises Signs/Billboards. "MOTION TO READ 20ot-50 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE ORDINANCE 20ot-50 TO A SECOND READNG AT THE NEXT SCHEDULED REGULAR MEETING." MOTION BY COMMISSIONER BLAKE. SECONDEO BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 15 OF 28 VII. REGULAR REGULAR A. Finance Department Requesting The Commission Approve And Adopt A New City Retirement Investment Policy. Ms. Frangoul introduced this Agenda Item and the City's Consultant. Mr. Steven Alexander, CCM, Senior Managing Consultant, Public Financial Management, 201 South Orange Avenue, Suite 720, Orlando, Florida: briefly addressed the Commission. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR B. Office Of The City Manager Requesting The City Commission Make A Decision Relative To A Request From The Florida Public Utilities Company In Regards To An Exemption From The Commercial Vehicle Ordinance. Fire Chief Timothy J. Lallathin advised the Commission of a request from the Florida Public Utilities Company "To have an exemption to the Commercial Vehicle Ordinance in regards to a vehicle that one of their on-call personnel brings home." Mr. Donald E. Kitner, Florida Public Utilities Company, 830 West Sixth Street, Sanford, Florida: as the Division Manager of Florida Public Utilities Company, Mr. Kitner addressed the Commission and introduced Mr. Don Middleton, Operations Manager for Florida Public Utilities Company. They spoke of their request for an exemption to the Commercial Vehicle Ordinance. Much discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 16 OF 28 "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO HAVE DISCUSSIONS WITH MR. KITNER OR AN APPROPRIA TE INDIVIDUAL FROM THEIR COMPANY TO WORK OUT AN AGREEMENT THAT WOULD ALLOW FOR UP TO TWELVE (12) WEEKS A YEAR STORAGE FOR AN EMERGENCY BASIS OF THIS VEHICLE ON CITY PROPERTY SOMEPLACE, WHETHER IT BE AT A PUBLIC WORKS LOCATION, CITY HALL, A FIRE STATION OR POLICE STATION, OR SOME OTHER APPROPRIATE CITY PROPERTY THAT THE MANAGER DESIRES AS BEING APPROPRIATE - ALONG WITH ALL OF THE APPROPRIATE RELEASES OF LIABILITY TO THE CITY FOR THE ALLOWANCE OF THAT STORAGE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I WOULD LIKE TO MAKE A MOTION TO AMEND THE MAIN MOTION TO EXCLUDE THE POLICE DEPARTMENT FOR SECURITY REASONS." AMENDMENT TO THE MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER BLAKE ADDED, "JUST TO CLARIFY, IT'S NOT JUST TO SUGGEST THAT THERE WOULD BE AN OPEN ENDED PARKING PERMIT FOR ANY CITY PROPERTY. IT WOULD BE ONE PLACE THAT WOULD BE NEGOTIATED BY THE CITY MANAGER WITH THEM, AND WOULD BE A PLACE THAT THEY DEEM TO BE APPROPRIATE TO FIT OUR INTERESTS AS WELL." AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MARTINEZ: NAY MOTION DID NOT CARRY. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THE GAS COMPANY ON THE WEEKS THAT THEIR EMPLOYEE IS ON EMERGENCY CALL TO BE ABLE TO PARK THE VEHICLE IN THE DRIVE OF THAT RESIDENCE." MOTION BY DEPUTY MAYOR McLEOD. MOTION DIED FOR LACK OF A SECOND. Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 17 OF 28 "I MAKE A MOTION THAT WE ALLOW THIS VEHICLE TO PARK AT OUR CITY HALL OR AT THE PUBLIC WORKS DEPARTMENT OF THE CITY OF WINTER SPRINGS FOR THE DURATION OF THE PERIOD THAT HE IS SUPPOSED TO MANNING THAT VEHICLE, WHETHER IT BE EIGHT (8) OR TWEL VE (12) WEEKS," MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Brief discussion followed. "AGAIN, I WILL MAKE A MOTION THAT IT IS PARKED IN THE DRlVEW A Y OF THE RESIDENCE AND IT WILL BE REQUIRED TO HAVE THE SIGN ON THE VEHICLE BLACKED OUT BY A MAGNETIC SIGN." MOTION BY DEPUTY MAYOR McLEOD. MOTION DIED FOR LACK OF A SECOND. REGULAR C. Office Of The City Manager Requesting The City Commission Decide On A Methodology For Collecting Balances Due On Delinquent Garbage And Stormwater Accounts Where Water/Wastewater Services Are Not Provided By The City. Mr. Gene DeMarie, General Services Department Director introduced this Agenda Item. Tape3/Side B Commissioner Blake asked, "Have we had any conversations with the top ten account holders for the trash?" Mr. DeMarie responded, "No, Sir." Commissioner Blake then asked why this had not been done. Mr. DeMarie said, "Well, we wanted to bring it before the Commission first to get your feeling on how we should proceed." Commissioner Blake further stated, "Maybe we proceed by having a conversation with each of them and letting them know that on such a date, a lien will be filed, and on a different date perhaps their trash service will end." Furthermore, Commissioner Blake said, "I don't want to spend more than 35% of Staffs time in terms of dollars, trying to collect it when we could ship it to a collection agency, though I really dislike that alternative." Commissioner Blake then inquired, "Is there something that we can do in terms of their business license?" and asked about possible court actions. Commissioner Blake then stated, "I dislike the option of going to a collection agency. I think we should exhaust all these other options first, and after we have exhausted those, whatever we don't get then, we should through the collection agency." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 18 OF 28 Commissioner Miller stated, "My suggestion would be to go out with a form letter and inform all of these individuals that your accounts are delinquent. You wouldn't have to put the amount on it; and that the City has decided to take the following actions, and unless this account is settled within some period of time, 30, 60 days which would included placing liens against their property, which would include revocation of the occupational licenses at such time as they may come into the City to get them renewed, which will include termination of their garbage service." Commissioner Miller also suggested that we could use the City Attorney's letterhead. Commissioner Martinez suggested that using a collection agency might be very helpful. Deputy Mayor McLeod said, "I think your first thing is you get your general letter out to them stating this is a past due account." Further discussion. "I WILL MAKE A MOTION THAT WE EXTEND THE MEETING ONE (1) HOUR." MOTION BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF TO PREPARE A LETTER EITHER ON THE CITY ATTORNEY'S LETTERHEAD OR ON CITY LETTERHEAD, WHATEVER IS APPROPRIATE AND HAVE THAT LETTER INCLUDE - AN ADVISORY TO ALL OF THESE - CORPORATIONS OR INDIVIDUALS THAT THE CITY INTENDS TO COLLECT THIS WITIDN THIRTY (30) DAYS AND IF IT IS NOT FORTHCOMING WITHIN THIRTY (30) DAYS THAT IT WILL IMPACT OCCUPATIONAL LICENSES. IT COULD INVOLVE LIENS AGAINST PROPERTY; IT COULD INVOLVE COLLECTION AGENCIES AND THAT THE CITY WILL LEVY BACK INTEREST ON THE ACCOUNT FOR AS LONG AS THEY HAVE BEEN OUTSTANDING, IF NOT PAID WITHIN THE THIRTY (30) DAY PERIOD." MOTION BY COMMISSIONER MILLER. COMMISSIONER MILLER ADDED, "AND ALSO THE OPTION OF DISCONTINUING SERVICE." DEPUTY MAYOR McLEOD ASKED, "DOES THAT ALSO INCLUDE AT THE END OF THIRTY (30) DAYS, ONE OF THE OPTIONS - BEING WE TURN IT OVER TO A COLLECTION AGENT? AND WHAT WE ARE REALLY SAYING HERE IS THAT WE'RE REALLY TURNING THIS BACK TO STAFF TO HANDLE IT." THIS WAS AGREED TO. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 19 OF 28 COMMISSIONER MARTINEZ INQUIRED ABOUT THE SCHOOL BOARD. ATTORNEY GARGANESE STATED, "I WOULD EXCLUDE THE SCHOOL BOARD FROM THIS PROCEDURE. THERE IS AN ISSUE WHETHER THE SCHOOL BOARD IS OBLIGATED TO PAY STORMWATER FEES." ATTORNEY GARGANESE FURTHER SAID TO COMMISSIONER MARTINEZ, "IT WOULD BE A GOOD IDEA PERHAPS IN LIEU OF PAYING THE FEES THAT THEY CONTRIBUTE THE $3,500.00 TO OFFSET THE FEES. THAT IS AN OPTION." COMMISSIONER MILLER THEN STATED, "MR. MAYOR, I HAD INTENDED TO INCLUDED THAT IN MY MOTION." COMMISSIONER MILLER THEN STATED, "I WOULD LIKE TO AMEND MY MOTION TO DELETE THE SCHOOL BOARD FROM THIS NOTIFICATION. AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, As AMENDED) COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE MOTION CARRIED. REGULAR D. Office Of The City Attorney Requests That The City Commission Pass Ordinance #2001-51 As An Emergency Ordinance To Further Extend The Franchise Agreement Between The City And Florida Public Utilities Company (FPUC) From October 1,2001 Until November 12, 2001 (1 st Commission Meeting In November 2001). "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 20 OF 28 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese advised the Commission, "Attached to the Emergency Ordinance is the draft of the new franchise - that is being considered. If you have any comments regarding that Ordinance, please forward them to my office." REGULAR E. Office Of The City Manager Requests That The City Commission Approve The 1 00% Vesting Of The Mandatory 3% Of Employee Salary Contributions To The Pension Fund, From Date Of Contribution. Discussion. Ms. Sandra Turner, President, Retirement Plan Specialists, Inc., 2 Lawn Street, Oviedo, Florida Mr. Donald D. Chapman, E.A., MA.A.A., M.S.P.A., Consulting Actuary, Retirement Plan Specialists, Inc., 2 Lawn Street, Oviedo, Florida: were introduced and discussed matters with the Commission. With discussion, Ms. Turner stated, "Municipality plans, Governmental plans are a total different animal than small businesses." Discussion followed on cash-outs and vesting. Deputy Mayor McLeod spoke of his concern with "Keeping people's money." Tape 4/Side A Commissioner Martinez spoke on his previous request to clarify the record. Discussion. Commissioner Blake stated, "Why don't we just fix it by not having the employee's have a contribution?" Commissioner Blake added, "Why don't we fix it by redefining the dollar?" With further brief discussion, Commissioner Blake said, "So what you are telling me is if we re-define the dollar, it actually reduces the cost for the employer if we re-define them all as employer dollars, as opposed to emPloyer and employee dollars." Discussion. Commissioner Blake explained that "Currently, the City has an amount of money that they spend for their employees. Some of it goes in wages, some of it goes in FICA, some of it goes in benefits of other sorts. But when you add it all up, it's one number. Some of those dollars funnel through the gross wages that are then added in and then deducted from the employees paycheck and put into this fund. What I am CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 21 OF 28 suggesting is you don't go that route; you transition over some time." Commissioner Blake further commented on the transition process and suggested, "Next year, they only have a two percent (2%) mandatory contribution, and we put nine percent (9%) in. The year after that, they only have one percent (1 %) mandatory contribution. You still have some early years where you have to take care of this problem of what happens when somebody leaves and you make a policy decision on that, but the idea is, ultimately they will end up with more money later on, a bigger benefit and it will cost the City less." Deputy Mayor McLeod stated, "This evening, the City would not have to come up with anything else, as far as the $25,000.00, if we took this back, to the time that they contribute the three percent (3%). "I MAKE A MOTION THAT WE DO TAKE THE RECOMMENDATIONS OF THE STAFF AND THE BOARD OF TRUSTEES." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION - AMEND THE MOTION TO FURTHER DIRECT THE CITY MANAGER TO MEET WITH STAFF AND THE CONSULTANT TO DO SOME INVESTIGATIVE WORK ON HOW COST- SHIFTING MIGHT AFFECT THE NUMBERS OVER A TEN (10) YEAR PERIOD." AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Mayor Partyka thanked the Consultants. REGULAR F. Community Development Department. Presents To The City Commission The Request Of Heidenescher Homes For A Variance From The Established Front Yard Setback Line At Lot 11, 136 (formerly 132) Cherry Creek Circle, In The Reserve At TuscawiIIa, Phase IA. Mr. Baker introduced this Agenda Item to the Commission. Discussion. Mr. Ric Heidenescher, 101 Cherry Creek Circle, Winter Springs, Florida: addressed the Commission and explained several mistakes that happened. Documents were handed out to the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24,2001 PAGE 22 OF 28 Much discussion. "I WOULD LIKE TO MAKE A MOTIION TO EXTEND THE MEETING"BY THIRTY (30) MINUTES." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Further discussion ensued with Members of the Commission, Attorney Garganese, and Mr. Heidenescher on the proposed Variance; related circumstances; special privileges/special benefits; and the criteria required for a Variance to be approved. Tape 4/Side B Further discussion. Mr. Greg Goodenbury, 136 Cherry Creek Circle, Winter Springs, Florida: spoke to the Commission regarding the problems with the building of his home. Ms. Maggie Goodenbury, 136 Cherry Creek Circle, Winter Springs, Florida: addressed the Commission on this situation. Deputy Mayor McLeod asked Attorney Garganese how this affects the Commission "From a legal standpoint." Attorney Garganese responded, "This particular Variance application is - much different than the previous one that you had." Attorney Garganese further said, "This case really falls on applying the six (6) criteria. It's based on the facts that are presented." Discussion. Deputy Mayor McLeod asked for Attorney Garganese to guide the Commission in this matter. Brief discussion. Commissioner Miller suggested, "I would like to recommend that we strongly consider tabling this until the next Commission Meeting." "MOTION TO EXTEND THE MEETING THIRTY (30) MINUTES." MOTION BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 23 OF 28 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Martinez departed at 12:34 p.m. Attorney Garganese asked Mr. Heidenescher about several issues, which dealt with the construction of this house, and the lot that the house was built on. Mr. Mark Queen, 129 Cherry Creek Circle, Winter Springs, Florida: addressed the Commission as the Homeowners Association President, and advised those in attendance that at the annual Homeowners meeting, "The majority of the people that attended the meeting were in favor of doing nothing to the house - leaving it as is." Attorney Garganese consulted with the City's Building Official, Dennis Franklin on the structure in question, and the lot. Deputy Mayor McLeod further spoke of Attorney Garganese assisting the Commission with this matter. Attorney Garganese stated, "Do you want me to go over the criteria, to say what I think would support a decision? The decision is yours, but I would be happy to go over each'criteria." Attorney Garganese then stated, "What you see in front of you, I think is potentially a special condition or circumstance peculiar to the land regarding the setback. The fact that the roadway is not up - against the property line, which is relevant to the setback." Further discussion ensued with Mr. Heidenescher. COMMISSIONER BLAKE STATED, "I MAKE A MOTION THAT WE MAKE A FINDING THAT THE SIX (6) CRITERIA HAVE BEEN MET AND..." COMMISSIONER BLAKE CONTINUED WITH HIS MOTION AND STATED, "I MAKE A MOTION THAT THE COMMISSION FINDS, BASED ON TESTIMONY THIS EVENING THAT THE SIX (6) CONDITIONS REQUIRED FOR THE GRANTING OF A VARIANCE HAVE BEEN MET AND THAT WE HEREBY GRANT THE VARIANCE FOR THE PROPERTY AT - RESERVE - LOT 11, TO ALLOW A MINIMUM FRONT SETBACK - NOT TO BE LESS THAN 17.37 FEET AT ITS' NEAREST POINT." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. Tape 5/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 24 OF 28 COMMISSIONER MILLER SAID, "I WOULD ENTERTAIN TO GO ALONG WITH IT IF THERE IS -I THINK REALLY THIS IS A MINIMAL AMOUNT, I THINK WITH A FINE OF $5,000.00 I'LL GO ALONG WITH IT, AGAINST THE BUILDER." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. MAYOR PARTYKA STATED, "I NEED AN EXTENSION." "FIFTEEN (15) MINUTES - I'LL GO ALONG WITH IT." MOTION BY COMMISSIONER MILLER. DEPUTY MAYOR MCLEOD SAID, "IS YOUR MOTION FOR FIFTEEN (15) MINUTES?" COMMISSIONER MILLER SAID, "YES." SECONDED BY DEPUTY MAYOR McLEOD, DISCUSSION. VOTE: (TO EXTEND THE MEETING) COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND. Further discussion. VOTE: (ON THE MAIN MOTION) DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. Brief discussion. "TO APPROVE A MOTION FOR A $5,000.00 FINE AGAINST THE BUILDER FOR THE VARIANCE THAT WE WILL APPROVE." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. Discussion. "I'D LIKE TO GO AHEAD AND REQUEST A VARIANCE ON THE PARCEL AND THE BUILDER BE FINED A $3,000.00 FINE." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION FOLLOWED ON WHERE THE MONIES WOULD GO. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 25 OF 28 "A $3,000.00 FINE THAT WILL BE APPROPRIATED FOR THE SPECIFIC USE OF AN UPGRADE TO THE ENTRANCE AT - TUSCORA ROAD FOR TBD (TUSCAWILLA BEAUTIFICATION DISTRICT)." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. VOTE: (ON THE MOST RECENT MOTION BY DEPUTY MAYOR McLEOD) COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. Further discussion. "MY MOTION IS TO APPROVE THE VARIANCE WITH ALL STIPULATIONS THAT WERE PREVIOUSLY STATED AND TO CREATE A FINE OF $3,000.00 THAT WOULD BE DIRECTED TO THE TUSCAWILLA BEAUTIFICATION FUND THAT WILL DIRECTED TO UPGRADES AND IMPROVEMENTS AT THAT ENTRANCEWAY ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. Brief discussion. "THAT WE . PUT HALF THE MONEY IN THE TBD (TUSCAWILLA BEAUTIFICATION DISTRICT) AND WE PUT HALF IN THE GENERAL FUND." AMENDMEMT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE . ~ . _ . . . M _ . _. _.,. _ . . .. ~ _ ~ . . MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka clarified, "Just so you are clear. A $3,000.00 fine. $1,500.00 goes directly to TBD for that area and $1,500.00 will go into the General Fund." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 26 OF 28 IX. ADJOURNMENT "MOTION TO ADJOURN." SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY MOTION CARRIED. Mayor Partyka adjourned the Meeting at approximately 1: 16 a.m. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. REGULAR G. Parks And Recreation Department Requesting The City Commission To Establish A Date For A Workshop On The Petition To Consider A Public Swimming Pool For Winter Springs. REGULAR H. Parks And Recreation Department Requesting The City Commission To Discuss The Conceptual Master Planning Of The Expansion Of Central Winds Park, REGULAR I. Office Of The City Clerk Requests That Commissioner Michael S. Blake Make An Appointment To The Planning And Zoning. BoardlLocal- Planning Agency To Replace Board Member Brent Gregory Who Is Resigning. REGULAR J. Community Development Department Requests That The City Commission Untable This Item And Reconsider Making A Contribution, Which Would Represent The City's Pro Rata Share Of Existing Basic Transit Services, As Well As Explore Alternatives For Expanding Current And Future Public Transit Needs. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 27 OF 28 REGULAR K. Commissioner Robert S. Miller Requesting the City Commission Consider The Unpaid Bill Of $1278.21 Requested Of Mayor Paul P. Partyka In An Invoice From The City Of Winter Springs Dated November 16, 1999 And Approved By The City Commission On November 29, 1999. REGULAR L. Office Of The City Manager Requests That The City Commission Consider Either Reappointing Mr. Donald Gilmore To Serve As The Representative To The South Seminole & North Orange County Wastewater Transmission Authority Or To Reappoint Another Individual. Additionally, The City Commission Is Requested To Consider Either Reappointing Mr. Roy Prince As The Alternate To The South Seminole & North Orange County Wastewater Transmission Authority Or To Reappoint Another Individual. 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 Five - David W. McLeod REPORTS E. Commission Seat One - Robert S. Miller REPORTS F. Commission Seat Two - Michael S. Blake REPORTS G. Commission Seat Three - Edward Martinez, Jr. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 28 OF 28 REPORTS H. Commission Seat Four - Cindy Gennell REPORTS I. Office Of The Mayor - Paul P. Partyka NOTE: These minutes were approved at the October 8, 2001 Regular City Commission Meeting.