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HomeMy WebLinkAbout2002 01 28 Consent I Unapproved Minutes from January 14, 2002 City Commission Regular Meeting COMMISSION AGENDA ITEM I Consent X Informational Public Hearings Regular January 28. 2002 Regular Meeting Mgr. / Dept. Authorization CONSENT I. Office Of The City Clerk Approval Of The Minutes Of The January 14,2002 Regular City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JANUARY 14,2002 I. CALL TO ORDER The Regular Meeting of Monday, January 14, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:34 p.m. City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. City Manager Ronald W McLemore arrived at 6:34 p.m. Members of the Commission discussed possible Agenda changes. Mayor Partyka spoke about the planned Town Center Ground Breaking Ceremony scheduled for Friday, January 18,2002, at 3:30 p.m. .:..:. AGENDA NOTE: THE COMMISSION AGREED THAT THE PRESENTATION LISTED BELOW WOULD BE HANDLED UNDER "PUBLIC INPUT." .:. .:. PRESENTATIONS A. Office Of The Mayor Discussion On Traffic Calming Devices On Seneca Boulevard With Chelsea Woods Homeowner Association President Mike Pillow. See "Agenda Note" above. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14, 2002 PAGE 2 OF 36 Mayor Partyka presented a Resolution to Mr. John Herbert for his previous service on the Beautification of Winter Springs Board. Mr. Herbert made some brief remarks to those in attendance. A Proclamation was then presented by Mayor Partyka to former Mayor John Bush on behalf of the First Baptist Church for their efforts in cleaning up State Road 434. II. PUBLIC INPUT Mr. Michael Pillow, 714 Canadice Lane, Winter Springs, Florida: on behalf of the Chelsea Woods Homeowner's Association, Mr. Pillow spoke of problems with speeding along Seneca Boulevard.. With discussion, Manager McLemore explained, "The next step is we need to generate some data, which we can do from traffic counting. That gives us speed patterns and times, and those kind of things; and then we'll need to go to the next step - that will tell us we just need to go forward or not; then we need to get into the design phase." Manager McLemore then stated, "So we probably need to do some preliminary design work, and then come back to you and to the residents." Further, Manager McLemore suggested, "It won't take a year, but I think it will take a good ninety (90) days or better to get to a preliminary point." Deputy Mayor Cindy Gennell stated, "My only suggestion is that before we do any kind of 'Traffic Calming' whatsoever in this City - any further, that we manage somehow to improve the appearance of the ones we have." Deputy Mayor Gennell added, "So you need to take a look at those on Edgemon to see what I am talking about." Commissioner Michael S. Blake stated, "There might be - that we have the line item in the budget, on an annual basis here - we could do some of these demonstration projects in different parts of the City of Winter Springs to try and make them happen." Manager McLemore stated, "I need to look at the budget, but I know there are sufficient funds that move around - but we did have a fair amount of money set aside in the new One Cent Sales Tax for it, and I believe we left a line in there under the existing budget. I could get an answer on that for you." Commissioner Blake then stated, "I think what I would like to see is for Staff to come back to us with some sort of - a policy if you will, so we can determine where we are going to place these projects, and some method to prioritize them." Commissioner Robert S. Miller stated, "I would like to see the City Manager get back to us, maybe at the next Meeting on this. As I recall during the budget discussions, we were not certain whether the One Cent Sales Tax was going to survive or not, and I don't CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 3 OF 36 believe we allocated any funds at all, and it was left with us that if it passes we will then have funds to address this problem. So, now that it has passed, I think it is time to bring it back and say this is what we have in this area and address this problem, so I would like to see maybe an Information Item at the next Meeting." Commissioner Edward Martinez, Jr. suggested that "If it is brought back as an Agenda Item, that they do a more diversified study." Mayor Partyka stated, "The consensus here is to come back with something that takes into account all the possibilities." Mr. Robert J Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: commented that he has formed a small group of individuals interested in "Paw Parks" and spoke of this effort. Ms. Diane Ferraro, 307 Cel/o Circle, Winter Springs, Florida: did not address the Commission, but spoke in support of a "Paw Park." Mayor Partyka then added, "Her vote is to support this "Paw Park." Mr. Albert Murro, 632 Cheoy Lee Circle, Winter Springs, Florida: advised the Commission that he represents eleven (11) homeowners on North Cheoy Lee Circle who "Purchased a piece of property that bordered the development that is going to be A very Park" and explained that "We have been trying to find out conclusively whether or not the portion that we purchased along with the fifteen (15) feet that has been vacated, is in fact annexed into the City of Winter Springs - and whether or not it is still is zoned as agriculture, because I have a petition here :from the eleven (11) homeowners - we would like to find out at least from this Commission what is the appropriate nature and asked that that ground be annexed into Winter Springs - and rezoned residential, or if it is even beneficial to do that." Discussion. Deputy Mayor Gennell suggested, "I would prefer to see you set up a meeting with the City Manager or some Department Head that is in charge - or that he puts in charge of it and get it hashed out there." Commissioner McLeod stated, "I would like to see in the Chambers here a map of that area or at least a - map showing us exactly where that is." Commissioner McLeod then added that "I would tend to agree with Commissioner Gennell." Commissioner Blake spoke on zoning and land use of neighboring properties and added, "This should be residential. 1 voted against it then, and I think we ought to take another look at it before it goes any further." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 4 OF 36 Ms. Jimette Cook, Code Enforcement Division Manager,. Community Development Department stated, "The original application for the Avery Park if you will, that whole piece, was intended to include the sliver that Mr. Murro is talking about; however, when we got the legal description out and we plotted it out, it was not included, so it didn't look like it was part of that annexation. However - in April of 2000, there were two (2) Ordinances presented to the Commission. The first one corrected the scrivener's error of that whole Avery Park and Tuscawilla office complex and included - the whole thing was a scrivener's error, and the second Ordinance actually did annex in the property that Mr. Murro is speaking of, so it is in the corporate boundaries of the City of Winter Springs; however, at the time of annexation, it was not designated - it was not given a zoning designation." Manager McLemore stated, "I am a little uncomfortable making any declarations tonight - we need to follow the whole chain of events." Commissioner Blake then said, "On the tax rolls - the eleven (11) parcels, that sliver of land has been re-divided and each portion placed onto the original, larger eleven (11) parcels for tax roll purposes, does that then allow the zoning to carry over or extend into that other part or does that section, the sliver still have to be re-zoned as well?" City Attorney, Anthony A. Garganese said, "That's something I think we are going to have to research and look into - some code provisions allow by operation oflaw, the zoning to go to the parent parcel and then in some circumstances however it requires an additional action of the City Commission to place the zoning designation on the parcel." Commissioner Blake then said, "I think that would be part of that list of things that we need to determine." Mayor Partyka spoke in conclusion, "Several of the Commissioners want to discuss this further, Ron, you'll have that ready, right?" Manager McLemore stated, "It will take us a while to get a definitive answer." Mr. Tyler D. Weisman, 113 Brookshire Court, Winter Springs, Florida: spoke of his support for a "Paws Park" in Central Winds Park. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED FIRST - UNDER THE CONSENT AGENDA. .:..:. III. CONSENT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14, 2002 PAGE 5 OF 36 CONSENT C. Finance Department Requesting The Commission Approve Resolution 2002-01 Which Authorizes The City To Establish An Account With The State Board Of Administration (SBA) And Designates The City Manager, Finance Director And The City Treasurer As The Administrator For The Account Responsible For Transmitting And Withdrawing Funds. CONSENT D. Finance Department Requesting The Commission Approve Resolution 2002-02 Which Authorizes The City To Establish And Maintain Accounts With Bank Of America And Designates The City Manager, Finance Director And The City Treasurer As Authorized Representatives To Execute Documentation Required By The Bank. Regarding Consent "C" and "D," Commissioner Blake stated, "When we passed our Investment Policy, about three (3) months ago or four (4) months ago, there was a requirement in there for there to be an Investment Committee formed - to be put together, before any of these types of decisions were made." Manager McLemore stated, "If you're not comfortable with it tonight, we'll leave and bring them back next week when we bring the committee action to you, at the next Meeting. " "MAYOR, I WOULD LIKE TO MAKE A MOTION TO TABLE ITEM "c" AND "D" ON THE CONSENT AGENDA UNTIL THE MANAGER COMES BACK TO US WITH THE RIGHT ANSWERS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE REMAINDER OF THE CONSENT AGENDA WAS THEN DISCUSSED, NOT NECESSARILY IN THE ORDER AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 6 OF 36 III. CONSENT CONSENT A. Public Work Department Requesting Authorization To Enter Into A Joint Participation Agreement Between The Florida Department Of Transportation And The City Of Winter Springs For The Vistawilla Drive Traffic Signal. CONSENT B. Public Work Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of The Signalization Improvements At State Road 434 And Vistawilla Drive. CONSENT E. Finance Department Requesting Authorization To Purchase A Vehicle By Piggybacking Off Of Florida Sheriff's Association Bid #01-09-0904. Brief discussion. CONSENT F. Parks And Recreation Department Requesting Authorization To Piggyback Off Of The City Of Jacksonville Bid And Manatee County Bid For Poles And Fixtures For Soccer Field Lighting At Central Winds Park. This Is A Companion Item To Consent Item G For Installation Of Soccer Field Lighting. CONSENT G. Parks And Recreation Department Requesting Authorization To Piggyback Off Of The City Of Jacksonville Bid To Install Sports Lighting For Soccer Field Lighting At Central Winds Park. This Is A Companion Item To Consent Item F For Poles And Light For Soccer Field Lighting. Commissioner McLeod spoke of his concern with the clean-up of this project and stated, that the contractor is "Not going to remove any excess dirt that they may have, any excess sod, drillings; if they tear up the sod they are not going to fix it; ifthey tear the asphalt up they are not going to fix it, concrete curbs, landscaping." Discussion ensued with Mr. Chuck Pula, Parks and Recreation Department Director. CITY OF WINTER SPRINGS MINUTES . CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 7 OF 36 Mr. Robert A. DeCouto, Representative, Musco Lighting, 1838 Eastchester Drive, Suite 104, High Point, North Carolina: addressed Commissioner McLeod's concerns. Discussion. Commissioner McLeod added, "All I wanted to do was point this out to make sure that our Staff is aware and our Staff is satisfied with what the contract is going to be and that the repairs are going to be done by the contractor." Mr. Pula mentioned that "There is an error regarding the number of poles that are proposed. If you look on the 'Scope of Work' where it states '10 - 70' poles,' that should read '8 - 70' poles,' at a cost of $20,000.00, for a total of fourteen (14) poles. So, the total bid is then $110,250.00." CONSENT H. Public Works Department Requesting Authorization To Execute Supplement 1 To Amendment 64 - Construction Administration Services For Tuskawilla (Main Street) And Hickory Grove Boulevard With Conklin, Porter & Holmes Engineers, Inc. CONSENT I. Public Work Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Tuskawilla Road - Rights Of Way, Medians And Entrances. Commissioner Martinez spoke of his concerns with a previous problem involving the proposed contractor with Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director and Mr. Alan Hill, Public Works Superintendent. CONSENT J. Utility Department Requesting Authorization To Purchase A Wheel Loader By Piggybacking Off Of GSA Federal Supply Contract: No. GS-30F-IOOID. CONSENT K. Fire Department Requests Authorization For An Emergency Supplemental Appropriation Of $28,320.43 From The General Fund To Pay For Services And Supplies That Were Required To Support Operations At The Affordable Tire Company Fire. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 8 OF 36 Discussion ensued with Fire Chief, Timothy J. Lallathin. Tape IISide B Commissioner Miller asked Attorney Garganese, "Is this the type of an item that the City - can go and try and reclaim these funds?" Attorney Garganese said, "I'd be happy to look at the matter with the Fire Chief and the City Manager and get back to you at the next Meeting." Further discussion. Commissioner Blake asked, "What's our policy? Do we, every time we respond on a 911 call, do we send out a bill afterwards or is it covered by taxes?" Commissioner Blake further inquired, "What's our typical policy?" Commissioner Blake then said, "I think we need to review our policy and make sure that we determine if we are going to collect taxes, or have a Fire Service Fee or as the Manager mentioned, some sort of a Bond that would be required for certain types of businesses - high risk." Commissioner Martinez stated, "I would agree with Commissioner Blake and support what the Manager said; we should find the ways and means to establish a Bond or require that businesses of this kind in the City of Winter Springs have a policy covering a much larger amount than a thousand dollars ($1,000.00) in the event this occurs." Deputy Mayor Gennell asked, "Has anybody explored the possibility of the Grants yet?" Chief Lallathin briefly addressed this inquiry, and added, "I will investigate that." Deputy Mayor Gennell stated, "I am personally in favor of paying the bills that we have incurred and then going and looking for grants as well as what other recourse we have. Deputy Mayor Gennell also advised Chief Lallathin that she would be forwarding some related information to him. Commissioner McLeod stated, "I agree that we should look into any Grants that are available." Discussion. Commissioner McLeod then suggested that Chief Lallathin "Continue to go forward trying to find whatever may be by State or local as assistance through Grants; secondly, is try to continue to chase the money from the insurance." Mayor Partyka polled the Commission for their preference to possibly pursue this further. Commissioner Miller stated, "I think we need to pay the bill." Commissioner Blake stated, "I suggest the Manager look into some of those other areas, some of the more hazardous businesses if they are a special risk, and bring it back to us." Commissioner Martinez stated, "I say don't pay it until the City Attorney can come back to us and provide us with other possibilities of possibly reducing this amount to a lesser amount." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 9 OF 36 Commissioner Blake stated, "Point of Order" and said "If we are going to discuss this differently, then I am going to ask that we pull this off the Agenda. " Deputy Mayor Gennell explained her position by saying, "I am in favor of paying the bill. I said that already. I am not in favor of looking at some particular policy or anything, until we determine - the City Manager can bring back to us, if he thinks we need a policy." Mayor Partyka summarized the poll as, "Three (3) of the Commissioners basically said not to continue - in terms of further studies, and we will take a separate vote on paying the bills." Deputy Mayor Gennellleft the dais at 7:37p.m. CONSENT L. Utility Department Requesting Authorization To Purchase Two Trucks By Piggybacking Off Of Florida Sheriff's Association Bid #01-09-0904. Brief discussion. CONSENT M. Community Development Department - Building Division Requests The City Commission Approve A Revision To Resolution No. 2001-45, Schedule Of Fees, To Correct Two Scrivener Errors. CONSENT N. Office Of The City Manager Requests That The City Commission Designate The Voting Place For The February 12, 2002 City Of Winter Springs Special Election Dealing With The Proposed Dyson Drive Annexation. CONSENT O. Office Of The City Clerk Approval Of The Minutes Of The December 10, 2001 Regular City Commission Meeting. Mayor Partyka stated, "What I am looking for is a Motion to approve Consent Agenda, excluding 'K. ", CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 10 OF 36 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: WAS NOT PRESENT FOR THE VOTE MOTION CARRIED. .:. .:. AGENDA NOTE: CONSENT AGENDA ITEM "K" WAS VOTED ON SEP ARA TEL Y, AS DOCUMENTED. .:. .:. III. CONSENT CONSENT K. Fire Department Requests Authorization For An Emergency Supplemental Appropriation Of $28,320.43 From The General Fund To Pay For Services And Supplies That Were Required To Support Operations At The Affordable Tire Company Fire. Mayor Partyka then stated, "Need a Motion for action on this Item." "I MAKE A MOTION TO APPROVE ITEM 'K' FOR PAYMENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Deputy Mayor Gennell returned to the dais at 7:39 p.m. Commissioner Martinez added, "I'll again re-state what I said before, I think we need some solid information or background from the City Attorney or the City Manager for future undertakings and I think by all means to protect the taxpayers of this City - and the monies that are being paid off to cover incidents like this to come back with some sort of information that may produce a Bond or larger insurance policies to be produced by these people. " VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14, 2002 PAGE I I OF 36 MOTION CARRIED. Deputy Mayor Gennell added, "'AYE' on the last one too." Mayor Partyka read a Proclamation into the record which at the Regular Meeting of December 10,2001, officially proclaimed the Special Election scheduled for February 12, 2002. IV. INFORMATIONAL INFORMATIONAL A. Parks And Recreation Department Informing The City Commission That Trotwood Park Is Highlighted In The 2002 Facility Showcase Of The Florida Recreation And Park Association Journal Publication. INFORMA T10NAL B. Parks And Recreation Department Informing The City Commission Of The Preliminary Site Plan Of The cDBG Funded Torcaso Park Expansion. Discussion. Discussion followed whether this should be discussed now or on a future Agenda. With a brief poll of the Commission, the consensus was to discuss this matter next. INFORMA TIONAL C. Public Work Department Updating The City Commission On The Status Of The Tuscawilla Lighting And Beautification District Project. INFORMATIONAL D. General Services Department Wishes To Inform The Commission That, After Much Deliberation Among Staff, It Has Been Determined That The Implementation Of The So-Called Purchasing Card Program Would Not Be In The Best Interests Of The City, And The Decision Has Been Made To Abandon That Effort. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE REST OF THE INFORMATIONAL AGENDA, AND I WOULD ALSO LIKE TO ON BEHALF OF THIS COMMISISON IF IT'S OKAY, TO CONGRATULATE THE PARKS AND CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14, 2002 PAGE 12 OF 36 RECREATION DEPARTMENT FOR THEIR PERFORMANCE IN HAVING THE TROTWOOD PARK HIGHLIGHTED IN THIS MAGAZINE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: INFORMATIONAL AGENDA ITEM "B" WAS DISCUSSED SEPARATELY, AS DOCUMENTED NEXT. .:..:. IV. INFORMATIONAL B. Parks And Recreation Department Informing The City Commission Of The Preliminary Site Plan Of The CDBG Funded Torcaso Park Expansion. Discussion ensued with Manager McLemore, Mr. Pula and the City of Winter Springs's consultant. Mr. James N Hunter, P.E., Senior Vice President, CPH Engineers, Inc., 1117 East Robinson Street, Suite C, Orlando, Florida: suggested, "What really makes it a full sized field is the placement of the goal posts. You could build a full-size field in there and decide you know as it's built, where you want to put the goal posts; it really wouldn't change - that way you could get the full benefit of a field should you like to go that way, or a smaller field should you like to'use it that way, and you could design it and permit it, you know as a full-sized field, and then make changes to it." Commissioner Miller said, "In that case, I think I would go along with leaving the field the way it is right now as a small non-regulation field, but we can re-visit this point a couple of years from now." Deputy Mayor Gennell spoke of her objection to having a full-sized field in that area. "I MOVE TO ACCEPT AGENDA ITEM - 'B' ON INFORMATIONAL, AS PRESENTED - TO APPROVE IT AS PRESENTED - IN OTHER WORDS, NOT EXPANDING THE SIZE OF THE FIELD." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 13 OF 36 COMMISSIONER McLEOD STATED, "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION AND IN LIEU OF THE FACT OF WHAT THE ENGINEER HAS POINTED OUT HERE, I DO BELIEVE AND IT DOESN'T COST US ANY HUNDRED THOUSAND DOLLARS WHICH IT WILL LATER SOMETIME OR EVEN MORE, BUT I WOULD ADVISE THAT THIS COMMISSION THAT WE AT LEAST TAKE IN CONSIDERATION TO TURN THIS FIELD IN THE FOOTPRINT AS THE LARGER FIELD AND MOVE THE GOAL POSTS IN. NOW, THAT DOES NOT MEAN YOU HAVE TO BUILD OR USE IT OVER THE NEXT TEN (10) YEARS, BUT WHEN YOU GET READY TO, IT'S A MATTER OF MOVING THE GOAL POSTS." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION FOLLOWED ON WHAT COSTS MIGHT BE INVOLVED WITH SUCH A PROPOSAL. Tape 2/Side A FURTHER DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Mayor Partyka stated, "The vote has been for the smaller fields." Mayor Partyka called a recess at approximately 8:15 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 14 OF 36 The Meeting was called back to order by Mayor Partyka at 8:36 p.m. Mayor Partyka asked if the Commission would be agreeable to move Regular Agenda Item "N" up as the first Regular Agenda Item under the Regular Agenda. This was agreed to by the Commission. V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading Of Ordinance 20Ot-58, Which Would Change The Zoning Map Designation Of A 49.55-Acre Parcel From "Planned Unit Development" (Seminole County) To "Planned Unit Development" (Winter Springs). Attorney Garganese read the Ordinance by "Title" and added, "This Ordinance does have a conditional effective date. It is conditioned upon Ordinance 2001-45 becoming effective; that is the Comprehensive Plan Amendment Ordinance which - we are still pending an ORC [Objections, Recommendations, And Comments] Report from DCA [Department of Community Affairs]." Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Community Development Department advised the Commission that "At the last or the first reading, the Commission directed the applicant to make some changes in the Development Plan consistent with the Settlement Agreement, as far as providing utilities. That information was not available at the time that the Agenda was packaged, but it has been since made available." Mr. Charles Carrington, AICP, Community Development Department Director passed out this information to Members of the Commission. 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 APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Ms. Christie Elflein, Glatting Jackson, 33 East Pine Street, Orlando, Florida: addressed questions from Commissioner Blake. "MAYOR, I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO INCLUDE IN THE MOTION THAT PAGE 11 OF 12 IN THE PACKET IS THE NEW REVISION DATED 1-14-02 REPLACING PAGE 11 OF 12." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 15 OF 36 AMENDEMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. COMMISSIONER MARTINEZ ADDED, "MY MOTION IS CONTINGENT UPON THE APPROV AL OF THE COMPREHENSIVE PLAN AMENDMENT MENTIONED BEFORE." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. Office Of The City Manager/Office Of The City Attorney Requests The City Commission To Consider Second And Final Reading Of Ordinance 2001-61 Limiting Members Of City Boards Or Committees To Service Upon One Board Or Committee At A Time. Commissioner Martinez stated "Point of Order" and commented on the misspelling of "dual" which was mistakenly typed as "due!." Attorney Garganese read the Ordinance by "Title" only and stated, "I will amend the 'Title. ", 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 - JANUARY 14,2002 PAGE 16 OF 36 "I'LL MOVE FOR APPROVAL OF ORDINANCE 2001-61." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS C. Office Of The City Manager/Office Of The City Attorney Requests The City Commission To Consider Second And Final Reading Of Ordinance 2001-62 Adopting An Administrative Procedures For The Processing Of Satisfactions Of Liens Arising Out Of Code Enforcement Fines. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese then advised the Commission that "On page 3, there is just one typographical error, right after that subparagraph (1), you'll note the next sentence, there are two (2) words 'public' - that second one needs to be deleted." Deputy Mayor Gennell commented on the wording on page 2 of the Ordinance, and suggested the wording in the last sentence of the first paragraph should be: "The Commission will then review the application, findings of the Code Enforcement Board and issue an order, granting with conditions or denying the application." Mayor Partyka asked Attorney Garganese if this was legally acceptable to him. Attorney Garganese said, "I think: that would be fine." 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 APPROVE WITH CORRECTIONS INDICATED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 17 OF 36 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ADD-ON REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:..:. VI. REGULAR ADD-ON REGULAR N. Public Works Department Requesting Commission Direction On Modifications To The Approved Site Plan For The First Baptist Church. Commissioner McLeod stated, "I will not vote on this. I would have a conflict on this Item, as being the Contractor of record." Attorney Garganese said to Commissioner McLeod that "You just need to fill 'Form 8' out with the City Clerk so she can incorporate it into the Minutes." Manager McLemore introduced this Agenda Item and discussion ensued on this issue. Mr. Robert Nippes, Air-Pak, 2976 Forsyth Road, Winter Park, Florida: briefly addressed the Commission. Discussion ensued with Manager McLemore, Mr. Lockcuff, and Members of the City Commission on the site of the Church; the New Development Area Guidelines; the Re- Development Area Guidelines; and the decision of a previous Board of Adjustment Hearing. Tape 2/Side B Further discussion. Attorney Garganese said, "I have been involved in some discussions with Staff; pointed out the fact that you have State Road 434 New Development Guidelines that permit CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 18 OF 36 Variances, perhaps through the transition of the previous Staff there may have been some confusion - but that confusion can very easily be corrected through a Development Agreement. We just need to go back and make sure that all the Codes were followed properly and I think that is what the City Manager and Staff are trying to do this evening - make sure that everything is done above board and properly." Commissioner Blake said, "On that basis, I would appreciate revisiting this in the future with all the appropriate documentation probably from the beginning to the end; perhaps a careful explanation of some of the missteps that have occurred, regardless of where they occurred or by whom; and with a proposed solution to the problem along with that, and whether that be a developer's agreement, whether that be some other understanding, whether it be a code change - whatever it is, because I would like to make sure that everybody who comes before the City is handled in a fair and like manner." Commissioner Miller stated, "I would like to see this brought back." Commissioner Miller added, "You need to at least attend to things like Development Agreements and those type things and then bring it back." Deputy Mayor Gennell asked about the sod along the driveway and said, "I just would be personally concerned about leaving that whole area vacant for a whole year and having it erode." Deputy Mayor Gennell asked for a clarification of this. Mr. John Bush, 21 Tarpon Circle, Winter Springs, Florida: addressed Deputy Mayor Gennell's questions about the sodded areas of the property and the neighboring DOT right-of-way. Discussion followed on the timing of this project. Manager McLemore said to the Commission, "We would like to get back to you at the next Commission Meeting with the Development Agreement." Deputy Mayor Gennell said, "I would be in favor of a Developers Agreement coming back to us and I really do feel like we should defer both items to a future date." "I WOULD LIKE TO MAKE A MOTION TO DIRECT THE CITY MANAGER TO ENTER INTO A DEVELOPERS AGREEMENT WITH THE DEVELOPER AND BRING IT BACK TO US WITH ALL PERTINENT DATA REQUESTED TODAY FOR A FINAL DECISION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. MAYOR PARTYKA STATED, "I AM ASSUMING - TO COME BACK BY NEXT COMMISSION MEETING?" COMMISSIONER MARTINEZ STATED, "IF THAT IS PROPER." MANAGER McLEMORE STATED, "WE'D LIKE TO." VOTE: COMMISSIONER BLAKE: AYE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 19 OF 36 DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: ABSTAINED MOTION CARRIED. .Mayor Partyka spoke on the record that no implications of malfeasance have been stated tonight. Mr. Bush addressed the Commission on this situation and a Developer's Agreement. .:. .:. AGENDA NOTE: THE REMAINDER OF THE AGENDA WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR A. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City of Winter Springs And Cox Entertainment For July 4, 2002, Entertainment And Concessions. Manager McLemore stated, "We request this be postponed to the next Meeting." Commissioner Martinez said to Attorney Garganese, "Remember when this came up the last time and there was a failure on the part of these people to perform, and I suggested that you straighten out the agreements for the future in case they default - we are not going to be at risk, as we were before; and you said you were going to take care of it in future agreements. Okay. Make sure that when the next Agreement comes up, that it's taken care of so we don't have to question it again." REGULAR B. Information Services Department Wishes To Update The City Commission On The Status Of The Utility Billing Conversion. Manager McLemore stated, "Mr. Mayor, request this Item be postponed to the next Meeting. " Deputy Mayor Gennell asked for clarification that "This is coming up at the next Meeting then right?" Deputy Mayor Gennell added, "I wish to discuss it." REGULAR CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 20 OF 36 C. Office Of The City Manager Requests That The City Commission Appoint The City Canvassing Board For The February 12, 2002 City Of Winter Springs Special Election Dealing With The Proposed Dyson Drive Annexation. Mayor Partyka stated, "We need to appoint a couple of Commissioners in addition to the City Clerk." Commissioner Martinez stated, "I just wanted to ask for consideration to be appointed as a Member of the Board because 1 have been working on this for three (3) years and I am very interested." Commissioner McLeod said, "I agree that Commissioner Martinez should sit on that Board, but I would also like to appoint Commissioner Blake." Mayor Partyka then stated, "The two (2) nominations are Commissioner Martinez and Commissioner Blake." Furthermore, Mayor Partyka said, "I'm looking for a Motion on those two (2)?" "I'LL MAKE THAT AS A MOTION." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner Blake then stated, "Have we considered some method by which to alert everybody what the outcome of the vote is, specifically the people who live over there?" Commissioner Blake then stated, "Might I suggest if we can that evening get the results up on our Website and perhaps have the address of that Web site on a piece of - tear-off pages available for the people as they come to the polls so that they will be able to look it up." Commissioner Martinez added, "Maybe give it to the media for publication at the 11 o'clock news." Mayor Partyka stated, "Touch base with Joanne so it's - somehow the process is in place." Mayor Partyka added, "City Clerk, handle that. That's your issue." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 21 OF 36 REGULAR D. Office Of The City Manager Requesting The City Commission To Approve An Interlocal Agreement Between The City, Seminole County And Seminole County School Board Granting Reciprocal Licenses For The Installation And Maintenance Of Fiber Optic Conduit And Cable On City And School Board Property. Manager McLemore introduced this matter for discussion. Deputy Mayor Gennell stated that "They have a Television Studio back there at the school and at some future date, the Commission may wish to be televised, and that could be greatly simplified if we are hooked in - if the City has at least has a connection to the building here - that can connect us directly with their TV studio." Deputy Mayor Gennell added, "I am saying that we have access to their fiber - to feed back and forth from their TV studio to here, and I don't think that is a whole lot to ask. So, I would hope to see that as part of the Agreement." "I WOULD LIKE TO MAKE A MOTION TO HAVE THE CITY ATTORNEY AMEND THIS AGREEMENT TO PROVIDE FOR THE ABILITY FOR THE CITY TO HAVE ACCESS TO THE FIBER OPTIC CABLE ITSELF THAT CONNECTS TO THE SCHOOL BOARD TELEVISION STUDIO, BACK AND FORTH - FIGURE SOMETHING OUT THAT WORKS." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE STATED, "WE'LL LOOK INTO IT." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR E. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For The Construction Of Hickory Grove Park Road And Tuskawilla Road (Main Street) Roadway Improvements. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 22 OF 36 Mr. Lockcuff introduced and presented this Agenda Item, including a review of the Alternates. Mr. Terry Zaudtke, P.E., DEE, Executive Vice President/Branch Manager, CPH Engineers, Inc. 1117 East Robinson Street, Suite C, Orlando, Florida: assisted with the presentation. Discussion. Mr. Lockcuff stated, "We are about ready to go with the project, whichever way you decide to go, the only thing holding us up, we have - significant issues but they are in the process, we need both the additional eleven feet (11') of right-of way - or twenty-one (21) - from Doran, which we have not gotten yet. They had twenty (20) days from closing to provide that; and we need the eleven feet (11') from Scrimsher who we met with last week, and he said he'll have that in the next couple of weeks to us." Commissioner Miller stated, "I think the more brick you have on that street, the parking areas main thoroughfare, I think it is going to - it's a one time deal and if it's done, I think it will add an incredible amount of value in the appearance on that roadway." "I WOULD MAKE A MOTION THAT WE ACCEPT THE BID, APPROVE IT AND EXPEND THE FUNDS AND DO OPTIONS #1, #2, AND #3, WHICH IS THE ENTIRE PROJECT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR F. Not Used REGULAR G. Office Of The City Clerk CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 23 OF 36 Requests That Commissioner Robert S. Miller Make An Appointment To The Central Winds Park Expansion Ad Hoc Advisory Committee To Replace Committee Member Wayne Wojewoda Who Has Resigned. "I WOULD LIKE TO NOMINATE JACKIE ADAMS TO TAKE THAT EMPTY SEAT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Miller asked that Ms. Adams be contacted by the City Clerk. Mayor Partyka added that an application needs to be completed by Ms. Adams. Commissioner Miller departed the Meeting. REGULAR H. Utility Department Requesting The City Commission Review The cIP Workshop Date Of January 21, 2002 Which Is The Martin Luther King Holiday. Commissioner Blake asked about receiving the CIP book prior to the Workshop. Deputy Mayor Gennell asked this could be discussed at the City next Regular Meeting and this was agreed to by the other Members of the Commission. Mayor Partyka added, "The firm thing is there is no Workshop on the 21 st." REGULAR I. Office Of The City Clerk Requests That The City Commission Consider Information Pertaining To The Current Practice Of Mailing City Commission Agendas And Minutes To Advisory Board And Committee Members. Tape 3/Side A Note: There were technical difficulties with the beginning of Tape 3. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14, 2002 PAGE 24 OF 36 Deputy Mayor Gennell asked if the Agendas and Minutes from City Commission Meetings were on the City's Web site and City Clerk, Andrea Lorenzo-Luaces responded that they were. Deputy Mayor Gennell then inquired, "Are the Minutes and Agendas of all the other Boards also on the Website?" City Clerk Lorenzo-Luaces stated, "Not at this time." Deputy Mayor Gennell then suggested that in other ventures, she has noted that "As things went on the Website, they sent out a letter to each person receiving the information, basically to purge their list, saying - we are now available on the Website and it would be more desirable to disseminate information in that manner. If you desire to still receive a hard copy, please let us know by such and such date. And, that was very effective and if someone really wants a hard copy, they get it. If somebody doesn't care at all, they don't answer, so you just quit sending to them. So, I would recommend that we do that." Commissioner Blake stated, "Option 5." Mayor Partyka then asked City Clerk Lorenzo-Luaces, "Why would we not put all the Minutes of all the Boards on our Website? I thought we were doing that." City Clerk Lorenzo-Luaces responded, "We were planning to, we just haven't done that. We were mostly focusing on the City Commission." Mayor Partyka then stated, "But I thought that was just a normal administrative process to get them on there, I mean all the stuff that's supposed to be on there. City Manager?" Manager McLemore stated, "Actually, I thought we were. I'll be checking on it. I'll have a check on it and give you an answer." Mayor Partyka stated, "Okay, that's fine." "I WOULD SUGGEST THAT WE USE OPTION 2 AND 4. 2 SAYS ONLY HAVE THE COMMISSION AGENDAS AND MINUTES MAILED OUT TO ADVISORY BOARD AND COMMITTEE MEMBERS WHO WISH TO RECEIVE THEM. I THINK THE WAY TO DETERMINE THAT IS TO SEND A LETTER OUT DOING NUMBER 4, ADVISE ALL THE MEMBERS THAT THE CITY COMMISSION AGENDAS ARE AVAILABLE ON THE CITY'S WEBSITE. ASK THOSE THAT REALLY WANT TO CONTINUE RECEIVING A HARD COPY TO ADVISE THE CITY CLERK WITHIN A SET TIME. THAT'S MY MOTION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I'LL MAKE A MOTION TO AMEND THE MOTION TO BE OPTION 5 WHICH WILL HAVE THE MINUTES AND AGENDAS AVAILABLE AT EACH OF THE BOARD MEETINGS HERE, AND COPIES OF WHATEVER NUMBER ARE REQUIRED, NO MORE THAN THAT; AND SECONDLY, IT WILL PLACE ALL OF THE INFORMATION ON THE WEBSITE, WHICH IS WHERE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 25 OF 36 IT OUGHT TO BE ANYWAY, WHERE WE CAN SAVE SOME MONEY." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER McLEOD ADDED, "I DO THINK THAT WE NEED TO STOP MAILING SO MUCH STUFF OUT." VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: NAY MAYOR PARTYKA: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR J. Community Development Department - Code Enforcement Division At The Request Of Tim Greene, A Representative For At Your Door Service, L.L.c., d.b.a. P.O.D.S. Requests The City Commission Considers Removing From The Table An Agenda Item Requesting The Commission Considers Information Regarding Possible Code Amendments To Regulations Concerning Temporary Storage Units. Brief discussion ensued with Ms. Cook on previous court actions. "I WILL MAKE A MOTION TO REMOVE THIS ITEM FROM THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: NAY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 26 OF 36 COMMISSIONER BLAKE: AYE MOTION CARRIED. Ms. Cook introduced this matter now before the City Commission. Mr. Tim Greene, At Your Door Service, L.L.c., d.b.a. P.o.D.S.: spoke on his company and the problems and costs involved with the permitting procedure in the City of Winter Springs. Commissioner Blake asked what the cost of a permit was? Brief discussion. Commissioner Blake then commented on the suggestion to give "A partial refund of some of the permit dollars if the unit is removed in less than twenty-four (24) hours" and stated, "My concern with that is if the permit fee is designed to offset the cost of administering the entire program, and it costs more to administer a program where you give a special refund under a shorter duration of time, how do we reconcile that question?" Manager McLemore stated, "I think the way we would actually reconcile it would be after a trial period to see what it is costing us. How much revenue are we losing? How many people would take advantage of it? And then we might need to make an adjustment for those who don't take advantage of it." Manager McLemore added, "It would be to our advantage to get them out of here as quick as possible." Commissioner Blake then spoke of regulations and said, "We have no way of knowing, unless we go out on proactive enforcement looking for PODS, when it arrived. There is no way for us to know that officially. And we have a responsibility to document these occurrences. " Mr. Greene stated, "We can do that with an informal fax cover sheet from our office, the date the POD arrives from our office directly to the City of Winter Springs via Ms. Cook; tell them the date, time, and like I said, we are a phone call away. Every POD is numbered, we can tell you the date, the person who dropped it off. It's the notarization of the permit, both by us and the customer; the requirement to come down and pay the thirty dollar ($30.00) fee." Further discussion followed on arbor permitting; notarizations; and permit requirements of SBCCI. Regarding notarization, Commissioner Blake stated, "If it was a construction or something that was altering real property or improvements on a property, I could see where that makes certain sense. In this situation Anthony, is there is a way for us to avoid that step - the step of the notarization by the property owner for the permit to have a POD placed on their property for not more than seventy-two (72) hours?" Attorney Garganese stated, "I don't know where that requirement is coming from? It's not built into the Ordinance." Commissioner Blake then said, "Why don't we start there and look at that as being one form of relief. The escrow arrangement for permit fees - easy enough to do - I think that's fine, just as long as there is an understanding or some agreement on what minimum balances are going to be." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 27 OF 36 Mr. Greene suggested, "If we went without the fee and we developed some sort of form with Ms. Cook, that would advise the City of every location of a POD that was placed in the City of Winter Springs before it was placed there - prior to its placement." Commissioner Blake then stated, "If we are talking about placing a POD at location A within the City of Winter Springs, loading it and then transporting the POD directly to location B to unload it, in my opinion, I think that is a workable solution because it is really a single event, although it involves two (2) locations. If we are talking about a POD being loaded at location A, going into storage and then sometime in the future coming back, that to me is two (2) separate events, two (2) separate permits because it will require two (2) completely total cycle evaluations on our part from the permit issuance, from the oversight to make sure when it arrives, when it leaves, everything else. So, for that type of a dual use, I don't see a reduction in, or a joint permit fee or whatever you want to call it. If it is starting at location A and going directly to location B, that I can certainly understand and I think that that would make sense, that there could be some relief there. A single permit or perhaps even an extra twenty-four (24) hours that you could add on to it at an additional five dollars ($5) or so, for a joint placement to give them two (2) days in one place, two (2) days in the next place, something like that would even work." Commissioner Martinez spoke of regulations and potential problems associated with PODS. Commissioner McLeod stated, "To refund a portion of the permit, I disagree with that. I think that is double work on our part." Further, Commissioner McLeod stated, "Waiving an additional permit fee if the storage unit is involved in a relocation situation within the City of Winter Springs, I don't have a problem with that; and maybe the fact that it's - maybe waive it or if it's $25.00, maybe it's an extra ten dollars ($10.00) if it's two (2) locations, and then it's seventy-two (72) hours at each location." Commissioner McLeod added, "It would make sense that each location have seventy-two (72) hours. An Escrow Account - I think that that could very - easily be set up." Additionally, Commissioner McLeod said, "I would tend to agree with Commissioner Blake, I don't know if that it's necessary that the homeowner has to sign this thing" - for multiple PODS, "If you are filling out the same application and you put down three (3), the first one would be twenty-five ($25.00), each additional POD would be ten dollars ($10)." Commissioner McLeod said, "So what we are basically saying is we would give you relief on permits, the time constraint would still be the same." Commissioner McLeod added, "1 would think that two (2) or more PODS - you would have seventy-two (72) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 28 OF 36 hours for a POD, period, one POD, but if you had two (2) or more PODS, no matter how many more you had - if you had five (5) more- Tape 3/Side B - it's going to take you a little longer, so why wouldn't you just build in something that says - we see your point that you would like to see the fee reduced some, at the same token, we do not want them here any longer than they need to be but - there should be some realistic allotted time for that and that may be twenty-four (24) hours, whether it's two (2) PODS or three (3)." Commissioner McLeod then explained that if you have one POD, you've got seventy-two (72); if you've got two (2) PODS you've got seventy-two (72), plus twenty-four (24); if you've got three (3) PODS you've got seventy-two (72), plus twenty-four (24); or if you've got four (4) PODS, you've got seventy-two (72), plus twenty-four (24), once. That's your expansion. That's it, one time - one twenty-four (24) hour period - for multiple PODS." Additionally, Commissioner McLeod stated, "Twice a year you could pull a permit to have a PODS at that location, but what I am saying, you could have more than one POD at that location under one permit, that would allow you to have two (2), three (3), four (4), but you would pay an additional fee for those and you would have an extra time frame." The location of PODS was next discussed and Commissioner McLeod said, "I think we also tell them where they are going set them in these yards. I think we have said that they have to sit on the driveways." Commissioner McLeod added, "We did address it when we talked about it and it was 'Driveway.'" Commissioner McLeod concluded his comments by saying, "That would be some of the direction that I would ask for and that we go back and look at this." Manager McLemore inquired, "Do you want to bring these ideas back at the next Meeting, with a summary and what the alternatives were?" Commissioner McLeod stated, "Yes, if those are agreeable." Commissioner Martinez suggested, "We don't need any twenty-four (24) hour extensions written into here, based on Section "(g)" of the Ordinance." "I WOULD LIKE TO DIRECT THE CITY MANAGER TO HAVE THE STAFF ITEMIZE THE ISSUES. THAT WERE BROUGHT UP AND ALLOW US TO REVISIT THIS ISSUE AT THE NEXT COMMISSION MEETING AND I THINK THAT ANYTHING ELSE THAT MR GREENE IS AWARE OF THAT IS REASONABLE AND STAFF FEELS IS REASONABLE TO INCLUDE THOSE, SO WE HAVE A TOTAL VIEW OF THE PICTURE, AND WE CAN MAKE A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 29 OF 36 DECISION ON IT." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. DEPUTY MAYOR GENNELL ADDED, "ANYTHING THAT SERVES TO INCREASE THE ADMINISTRATIVE COST TO THE CITY, NEEDS TO BE LOOKED AT IN TERMS OF THE PERMIT FEE." "MOTION TO EXTEND THIRTY (30) MINUTES." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: (TO EXTEND) DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR K. Community Development Department Recommending Denial Of Rick And Laura Miller's Request For A Variance From Section 6-4 Of The City Code Of Ordinances, Which Prohibits Any Part Of The Building Or Structure To Be Constructed In Violation Of An Approved Plan. Mr. Carrington and Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department addressed the Commission and reviewed their recommendation that the City Commission deny this Variance application. A memo from City Engineer/Stormwater Manager Ms. Kimberley Hall was passed out by Mr. Can'ington. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 30 OF 36 Mr. Steve R. Felices, President, Sunrise Pools & Spas, Inc., 1319 Lake Drive, Casselberry, Florida: presented information to the Commission. Discussion ensued on written text and comments written on building plans, permits, and surveys; and the easement involved in this situation. "I MAKE A MOTION THAT WE DENY THIS APPLICATION BASED ON THE FACT THAT THEY HAD AMPLE TIME TO TAKE CARE OF BUSINESS AND THE CITY BY THEIR OWN ADMISSION, THE CITY REPRESENTATIVE SAYS THAT HIS WRITING INDICATES EXACTLY WHAT WENT DOWN, SO I MAKE A MOTION WE DENY THIS APPLICATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mr. Felices asked, "So what's the next process, what do I have to do?" Mayor Partyka explained, "At this point in time you are going to have to correct it.- to go within the eleven inches (11 ") and somehow fix it up, modify it, do whatever, but you have to stay within the boundaries." REGULAR L. Community Development Department - Code Enforcement Division Requests The City Commission Provide Direction To Staff Regarding The Non- Conforming Use Of Recreational Vehicle Parking/Storage In The Dyson Drive Annexation Area And Set A Date, Time And Location For A Public Meeting On Annexation. Ms. Cook introduced this Agenda Item. Commissioner Blake inquired, "Aren't there some deed restrictions in Tuscawilla, this is Unit 1 Tuscawilla, that are even more restrictive than the County?" Commissioner Blake then said, "I think that is one of the areas we should look at." Discussion followed on possible options and grandfathering. Commissioner Blake suggested, "A better solution is to come up with some special zoning classification for properties of residential nature where they are shielded, where properties are over an acre in size" which he declared would be his recommendation. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 31 OF 36 Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT THE ALTERNATE 2 AND GRANDFATHER THOSE THAT ARE THERE - AND IF THEY ANNEX INTO THE CITY THEY HAVE THIRTY (30) DAYS TO REGISTER WITH US THAT THEY HAVE A MOTOR COACH ON THEIR PREMISES, AND IF THEY DO, THEY BECOME GRANDFATHERED." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I MOVE THAT WE AMEND THAT MOTION, THAT THE NOTIFcATION INCLUDES THE 'VIN' NUMBER OF THE VEHICLE AND IT'S SPECIFIC TO THAT VEHICLE." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. Commissioner Martinez stated, "Point of Order" and spoke of extending the Meeting. "I'LL MOVE TO EXTEND." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (TO EXTEND THE MEETING) COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Attorney Garganese stated, "There are a couple of ways to handle this. One way is to grandfather in existing uses. The law is clear, that you can grandfather in existing uses to protect those existing uses to avoid harsh and unnecessary hardships. Another way to handle it is through a zoning law. You are going to have to zone this property sooner or later if it is annexed into the City, and you can create special zoning regulations for unique areas. If the lots are as large as Commissioner Blake stated, that may be the better way to do it, rather than grandfather in." Attorney Garganese added, "1 recognize the hardship and 1 am not advocating to the Commission that you require these individuals or homeowners to get rid of their RV's once it is annexed. That would be, in my view, the wrong thing to do. I mean you need to provide them some relief. The question is - how to do it." Tape 4/Side A COMMISSIONER McLEOD STATED, "ZONING IS FINE TOO, BUT IF YOU'RE REALLY LOOKING TO BRING THEM IN, AND A COACH SEEMS CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 32 OF 36 TO BE SOME ISSUE HERE THEN I WOULD MAKE A WAY THAT - THEY CAN REPLACE THEIR COACH IN A FEW YEARS." DEPUTY MAYOR GENNELL SUGGESTED, "WE CAN GRANDFATHER THEM IN AND AT A LATER DATE ADDRESS THE ZONING, CAN WE NOT?" ATTORNEY GARGANESE STATED, "YES." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner McLeod departed the Meeting at 11:39 p.m. Mayor Partyka suggested that the proposed Workshop identified in the Agenda Item be held at City Hall. This was agreeable with the City Commission. With further discussion, the Commission agreed to hold the Workshop at 7:00 p.m. on February 4t\ 2002, at City Hall. ADD-ON REGULAR M. Office Of The City Manager Requesting The City Commission To Establish A Workshop Date To Explore The Feasibility Of Constructing A Paw (Dog) Park In The City And To Provide Direction To The Staff It Deems Appropriate. Manager McLemore introduced this Agenda Item and advised the Commission that "I have had some discussions with the County relative to the potential use of J etta Point as a site. That is workable, potentially, as a potential site for this." Manager McLemore added, "The park that they would buy is what we were talking about - they are intending to purchase." Manager McLemore added, "Actually, he was coming to me with a suggestion, would the City agree to do some development of the park, if they agreed to buy the land that we could jointly use which seemed to be a fairly reasonable situation to me." Commissioner Martinez stated, "1 wanted you to keep clear in your mind that 1 am not ready to vote on expenditures for such a park until we as a Commission decide to alleviate the transportation problem in the Senior Citizen's Center. I have been asking for CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 . PAGE 33 OF 36 this for three (3) years - and I think that takes precedence over a dog park, at this time. If we can do both, fine." With discussion, the consensus of the Commission was to hold a Workshop on the "Paw Parks" issue, on Monday, March 18th, 2001 at 6:30 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE COVERED, AS DOCUMENTED. .:. .:. VII. REPORTS REPORTS F. Commission Seat Four/Deputy Mayor - Cindy Gennell Regarding the transportation for Seniors issue, Deputy Mayor Gennell stated that "Seminole County is in the process of conducting a survey and Alice Gilmartin down at the Comprehensive Planning Department at the County is in charge of the survey, and it seems like I discussed this with Tim (Lallathin, Fire Chief) when he was here before because he was the one that the City Manager had assigned to look into this - and he brought back the costs on how much a van would be and everything, and I asked him if he would get with Alice Gilmartin and see if he could follow up and be advised on that survey - and I have had other people call to my attention the same problem - the increasing need for transportation for the elderly here, so I would like to hear from Tim (Lallathin, Fire Chief) or whoever is following that up with the County, on what kind of input we have had to the County survey, and what kind of response we have had from them." REPORTS A. City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS B. City Manager - Ronald W. McLemore No Report. REPORTS C. City Clerk - Andrea Lorenzo-Luaces No RepOli. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 34 OF 36 REPORTS D. Commission Seat Two - Michael S. Blake No Report. REPORTS E. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez advised Manager McLemore, "I want you to bring back the Item regulating Open Alcoholic Beverage containers." Commissioner Martinez added, "I would like to have this before us, so we can dispose of it." REPORTS F. Commission Seat Four/Deputy Mayor - Cindy Gennell Deputy Mayor Gennellasked about the Electric Franchise issues currently being dealt with in other communities. Attorney Garganese spoke on this and explained that our Electric Franchise Agreement was not up for negotiation for a number of years. Deputy Mayor Gennell advised Manager McLemore that "The signage on those 'Traffic Calming' islands, will you all look at improving those. That signage is atrocious, it's gaudy, and it detracts - mainly they're using the signs to hold up the plant. There is just no need to have highway DOT Interstate Highway size signs on a ten foot (10') across a little island." Deputy Mayor Gennell asked the Commission if they would mind if the black binders of Schrimsher transcripts were removed from the Commission Office. This was agreeable to the rest of Commission. REPORTS G. Commission Seat Five - David W. McLeod No Report as Commissioner McLeod had departed the Meeting earlier. REPORTS H. Commission Seat One - Robert S. Miller No Report as Commissioner Miller had departed the Meeting earlier. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 35 OF 36 REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka inquired about the status of the dog case. Attorney Garganese stated that regarding the dog barking citation, "Mediation was held a few weeks ago and we did not come to a resolution that we felt was even close to being acceptable, so therefore we reached an impasse. The case is still before County Judge Bravo for a decision on the constitutionality of the dog barking Ordinance and a final decision as to whether or not, Ms. Rawlins is in violation of that Ordinance, pursuant to the code citation that was issued. " Attorney Garganese also stated that "There is a mediation scheduled for sometime in February with the City - Oviedo, and Seminole County to discuss the annexation lawsuit and possible settlement to that." Mayor Partyka mentioned that the Central Florida Scottish-Highland Games are being held this weekend. Mayor Partyka then stated, "We need to come up with a process to start thinking about the final names for our City Streets." VIII. ADJOURNMENT "MOTION. TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka adjourned the Regular Meeting at 11 :54 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: PAULP. PARTYKA MAYOR NOTE: These minutes were approved at the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 36 OF 36 , 2002 City Commission Regular Meeting.