HomeMy WebLinkAbout2004 10 11 Consent 200
COMMISSION AGENDA
ITEM 200
Consent X
Informational
Public Hearings
Regular
October 11. 2004
Regular Meeting
Mgr. / Dept.
Authorization
CONSENT
200. Office Of The City Clerk
Approval Of The September 20,2004 City Commission Regular Meeting Minutes.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13,2004)
CALL TO ORDER
The Regular Meeting of Monday, September 20, 2004 (Postponed from September 13,
2004) of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in
the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road
434, Winter Springs, Florida 32708).
ROLL CALL:
Mayor John F. Bush, present
Deputy Mayor Robert S. Miller, Jr., present
Commissioner Michael S. Blake, arrived at 6:32 p.m.
Commissioner Donald A. Gilmore, present
Commissioner Sally McGinnis, pres.ent
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
A moment of silence was held, followed by the Pledge of Allegiance.
A video from a Seminole County Board of County Commissioners meeting was shown to
those in attendance.
Commissioner iVlichael S. Blake arrived at 6:32 p.m.
With discussion on a possible proposed Referendum and "Industrial Uses", Deputy
Mayor Robert S. Miller noted that Seminole County Commissioner Randy Morris had
"Told Commissioner Blake, 'Get this statement from your City Commission, and we will
work with the cities of this County by not putting it on the Referendum, and we will
actually discuss it with the cities over the next two (2) years'. We did that, and they still
pressed on with it. I think we need to do something."
Discussion.
Commissioner David W. McLeod spoke of previous legal action and added, "When we
went to Court, we beat them. r suggest we go back."
Mayor Bush then said, "Bring this up, either under the Manager's or one of our Seats."
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PUBLIC HEARINGS AGENDA (PART I)
PUBLIC HEARINGS
400. Office Of The City Manager
Requesting That The City Commission Hold A Public Hearing Relative To The
Approval Of Resolution Number 2004-39, \Vhich Establishes The Tentative
Operating Millage Rate For Fiscal Year 2004-2005 For The City Of Winter Springs
At 5.3000 Mills \Vhich Is 30.01 67(YtJ Above The Rolled-Back Rate Of 4.0764 Mills
And The Tentative Voted Debt Service M,illage Rate For Fiscal Year 2004-2005 For
The City Of Winter Springs At .2500 Mills.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
City Manager Ronald W. McLemore said, "We are leaving for discretion up until the
Final Budget, your option as to how YOLl finally desire to fund the Hurricane clean-up
costs to the City and at your next Meeting, we're going to have three (3) or four (4)
different options for you to look at."
With discussion on the proposed increase, Commissioner Michael S. Blake remarked, "I
would ask the Manager, when he comes back a week from now, to be certain that he has
looked at all these other options and be sure that he is willing to recommend to this
Commission the tax increase in excess of thirty percent (30%)."
Deputy Mayor Miller stated, "} also agree - I think, if we have the ability to do this at the
next Meeting when all the detailed information is available, I think we should do it at that
time. "
City Attorney Anthony A. Garganese read a portion of the Resolution into the Record.
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE ITEM
[PUBLIC HEARINGS] '400' AND HOLD THE l\HLLAGE \VHERE IT IS UNTIL
WE GET THE MANAGER'S BREAKDO\VN AT THE NEXT MEETING."
MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
COMMISSIONER McLEOD ADDED, "IT IS THE 5.3000 MILLS - TO GIVE THE
MANAGER THE OPPORTUNITY TO WORK THROUGH THE BUDGET AND
FIND OUT WHERE WE CAN ROLL THIS - BACK."
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VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: NAY
DEPUTY MAYOR MILLER: NAY
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
PUBLIC HEARI!\'GS
401. Office Of The City JVranager
Requesting The City Commission Hold A Public Hearing Relative To The Approval
Of Resolution Number- 2004-40, Establishing The Tentative'Budget For Fiscal Year
2004-2005.
Mayor Bush opened the "Public Input" portion oj the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion oj the Agenda Item.
Manager McLemore presented his opening remarks of this Agenda Item.
Discussion.
Commissioner McLeod said, "We have a right to roll this back, and I just want to make
sure the numbers they are looking at - they understand - that they don't roll it back.
Have you got a synopsis here also - if you roll it back?" Manager McLemore said, "We
will do all that for you next week."
Deputy Mayor Miller referenced page A-l and said, "If our Hurricane contingency of
$1.4 million - are we going to hear more about that?" Manager McLemore stated, "Next
week."
With further discussion, Commissioner Blake said to Manager McLemore, "The
expenditures are thel:e, they are not going away, and we have to budget for them
somehow - do you have contingencies built in to this as it is drawn up currently for any of
the Other Intergovernmental Funds - with the Enterprise Fund?" Manager McLemore
stated, "Yes." Commissioner Blake then asked Manager McLemore, "Is it in this
document?" Manager McLemore noted, "It's not here." Commissioner McLeod added,
"That is next week." Manager McLemore explained, "Our goal tonight was to try to
settle every issue but this one, so you could focus totally on that at the next Meeting."
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Additionally, Commissioner Blake asked Manager McLemore, "Have you looked at all at
the possibility of funding this over two (2) or three (3) years?" Manager McLemore
responded, "We have not." Commissioner Blake then commented, "We have got folks -
some are being hit with a double deductible and I think we have to be very, very careful
about what we do along those lines and it might make sense for us to look at a three (3)
year Note to pay down this burden and charge that as a special separate Millage line to
taxpayers over some time." Manager McLemore added, "I think that's a good idea."
Commissioner McLeod agreed with this also. Commissioner Sally McGinnis said to
Manager McLemore, "That will be one of the options you will bring back?" Manager
McLemore replied, "Sure" and added, "The 27th" [of September].
Discussion.
Commissioner McLeod said to Manager McLemore, "1 think we need to see both
columns side by side as the issues you talked about - \-vith your best scenarios and then
your different scenarios beside this." Manager McLemore said, "Understood."
Further discussion.
Tape I/Side B
With discussion on additional possible budget items and items possibly being cut,
Commissioner McLeod noted, "That would be the main thing that I would be real
concerned with, is if it had anything to do life/safety issues" with the Fire and Police
Departments.
Commissioner Donald A. Gilmore asked about a Department Manager "To relieve Kip
[Lockcuff, P,E., Director, Public Works/Utility Department] - is that in there? Kip
[Lockcuff] is doing double duty." Manager McLemore stated, "Yes, it's funded." Then,
Commissioner Gilmore spoke on "Another discussion we had in the Budget Workshops
and that was about hiring somebody to do publicity for the City and Town Center. Have
we done anything in that area?" Discussion.
Next, Commissioner McLeod said to Manager McLemore, "If you didn't do the Millage
increase, would you still bring the Urban Beautification person aboard, and take it out of
the General Fund?" Commissioner McLeod added, "That could be an option for next
week?" Manager McLemore noted, "Yes."
Mayor Bush said to Manager McLemore, "So what you are recommending is to eliminate
everything except the [1-] 'Very important'..." Manager McLemore responded,
"Right." Commissioner McLeod added, "And he is going to bring that back with -
options. "
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Ms. Kelly Balagia, Budget Analyst, Finance Department mentioned, "The italicized
section under there, the [2-] 'Nice but not Essential:' in italics - I don't know if everyone
understands that that request relates to the one above it - Community Development has
requested tliat if the employee is denied, that they are requesting $7,000.00 in outside
Services'." Manager rvlcLemore noted, "And I am denying both of them - but, if we get
to the point where I don't think we can get the job done during the year, I will come to
you." ,
Mayor Bush then said to the City Commission, "Can we have a Motion then for approval
of[Public Hearings] Item '401 '."
"SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY
DEPUTY MAYOR MILLER. DlSCUSSION. COMMISSIONER BLAKE
NOTED, "THE MOTION DID NOT INCLUDE THE URBAN BEAUTIFICATION
MAINTENANCE WORKER OR THE URBAN BEAUTIFICATION PROGRAM."
COMMISSIONER McGINNIS ADDED, "I AMEND THE MOTION TO
INCLUDE."
VOTE: (ON THE AMENDMENT)
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
VOTE: (ON THE MAIN MOTION, AS AMENDED)
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
In other City business, Mayor Bush spoke for the record on an Election Proclamation he
issued on August 30th, 2004.
PUBLIC INPUT
Mr. 1. Gary Horner, 1109 vVinter Springs Boulevard, Winter Springs. Florida: showed
some photographs of a ponion of his property affected by storm debris, and requested
assistance.
Much discussion.
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Commissioner Gilmore spoke of several different situations and noted a problem on Deer
Run, then added, "I would like to propose at least \ve let Ron [McLemore] look at it for
the next Meeting, get an idea of what we are looking at in the whole community - it may
be very small if we look at the entire community rather than - and establish some kind of
guidelines. "
Further discussion ensued.
Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida.' in reference to Regular
Agenda Item "510", Ms, Krebs suggested that the Waiver of Arbor Fees be extended for
more than sixty (60) days. Ms, Krebs also spoke of the recent Oak Forest Straw Ballot,
related to Regular Agenda Item "507" on tonight's Agenda.
Discussion.
Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida.' complimented
the City on the clean-up from the Hurricanes and noted she would like the City
Commission to consider some increase for the Oak Forest Straw Ballot.
Mr. Gene Lein, 1173 'vVinged Foot Circle East, Winter Springs, Florida: spoke of trash
in Country Club Village which has not yet been picked up.
Manager McLemore said, "[ will be happy to look at this and if they missed you."
AWARDS AND PH.:ESENTATIONS
AWARDS AND PRESENTATIONS
100. Office Of The Fire Chief
KellyCo lVIetal Detector' And Water' Garden Center' Is PI'esenting To The "Fire
Department A Fil'efighter Statue For Recognition Of Sel'vice To The Community.
Fire Chief, Timothy J. Lallathin, Fire Department introduced Mr. Stuart Auerbach of
Kellyco Metal Detector and Water Garden Center.
Tape 2/Side A
Mr. Stuart Auerbach, Kellyco ,Metal Detector and Water Garden Center, 1085 Belle
Avenue, Winter Springs, Florida.' addressed those in attendance, and recognized Fire
Department personnel, Lieutenant/Paramedic Corey Green; Firefighter/Paramedic Jim
Padgett; Firefighter/EMT Dan Polar; and Engineer/EMT Josh Pando."
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Furthermore, 1\1r. Auerbach complimented Fire Department personnel
Lieutenant/Paramedic Steve Molnar; Firefighter/Paramedic Jim Padgett; Firefighter/EMT
Dan Polar; and Engineer/EMT Josh Pando, and Engineer/EMT Michael Summers."
Lastly, Mr. Auerbach stated, "1 did want to take this opportunity to present to the Fire
Chief, Tim Lallathin, just a small token of our esteem and appreciation - it's a statue of a
Firefighter, and understanding the situation of '9/11', I think we all have a greater
appreciation for all of our Firefighters. Vie especially for the crew here and especially
Station 24 - the plaque reads, 'Protecting our community, protecting each other,
dedicated to the brave men and women of the Winter Springs Fire Department,
September 11, 2004."
Chief Lallathin thanked Mr. Auerbach and had the following Firefighters who were
present pose for photographs: Engineer/EMT Michael Summers; Engineer/EMT Josh
Pando, Firefighter/Paramedic Jim Padgett; and Lieutenant IParamedic Corey Green;
AWARDS AND PRESENTATIONS
101. Office Of The Mayor
Issuing A Proclamation In Honor Of "Constitution \Veek".
This Item was not discussed.
AWARDS AND PRESENTATIONS
102. Office Of The Mayor
Issuing A Proclamation In BonOI' Of "National Alcohol And Drug Addiction
Recovery Month".
This Item was also not discussed.
CONSENT AGENDA
CONSENT
200. Office Of The Mayor
Resolution 2004-43 - A Resolution Of The City Of "'inter Springs, Florida,
Expressing Appreciation To Gary Diller For His Service On The Board of
Adjustment.
This Agenda Item 'vvas not discussed,
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CONSENT
201. Finance Department
Requesting That The City Commission Authorize A Supplemental Appropriation In
The Amount Of $50,000.00 From The General Fund Reserves, To Bring The
General Services - Risk Management: General Insurance Settlements Budget To A
Total Of $125,000.00 For Fiscal Year 2003-2004.
No discussion.
CONSENT
202. Parks And Recreation Department
Requesting Approval To Enter Into A Contract To Install Central Winds Park
Expansion Irrigation System.
There was no discussion on this Agenda Item.
CONSENT
203. Parks And Recreation Department
Requesting The City Commission To Approve The Request Of The Grove
Counseling Center, Inc. To Conduct A Free Jazz Concert And Other Events At
Central 'Yinds Park And Direct Staff To Come Back "Vith An Agreement.
This Agenda Item was not discussed.
CONSENT
204. Public Works Department
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Sel"vices For The \Yinter" Spr"jngs Town Center-.
No discussion.
CONSENT
205. Public 'Yorks Department
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Services For State Road 434 Rights-Of-\Vay, Medians, And Ponds.
There was no discussion on this Agenda Item.
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CONSENT
206. Office Of The City Clerk
Approval Of The August 16, 2004 City Commission Emergency Special Meeting
Minutes.
This Agenda Item was not discussed,
CONSENT
207. Office Of The City Clerk
Approval Of The August 23, 2004 City Commission Regular Meeting Minutes.
No discussion.
CONSENT
208. Office Of The City Clerk
Approval Of The August 30,2004 City Commission Special Meeting Minutes.
There was no discussion on this Agenda Item.
"I WILL MAKE A MOTION TO APPROVE" THE CONSENT AGENDA.
MOTION BY DE.PUTY MAYOR MILLER. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMMISSIONER GILMORE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARJUED.
INFORl\1ATIONAL AGENDA
INFORMA T10NAL
300. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
Commissioner SaJJy McGinnis noted, "Villagewalk - wasn't mentioned on
[Informational] Item '300'. Can we get an update on that?" Mr. Lockcuff said, "Next
Meeting."
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INFORMATIO;'olAL
301. Public \Vorks Department - Urban Beautification Division
Requesting The Commission Review Plans For Landscape Improvements To The
George Street G,"eenbelt Areas.
Deputy Mayor Miller stated, "I would like the City Manager to bring back
[Infom1ational] Item '301' on the next Meeting, and show us what the landscaping is
going to look like from above, on this piece of property." Deputy Mayor Miller added,
"Bring it back at the next Commission Meeting - 'Informational' is fine." With
discussion, Deputy Mayor Miller again said, "Bring it back."
Deputy Mayor Miller added, "1 would like to have this brought back at the next Meeting,
and let me sit down and talk to Ron [McLemore] about this."
Mayor Bush summarized, "Let's just make this an Agenda Item." Commissioner
McGinnis added, "1 am just curious aboLlt the time frame."
INFORMATIONAL
302. Office Of The City Clerk
Wishes To Inform The City Commission Of The Candidates That Have Qualified
For The November 2, 2004 City Of Winter Springs Municipal Election.
No discussion.
INFORMA TIONAL
303. Information Services Department
Wishes To Update The Commission On The Status Of The I.T. [Information
Technologyj Plan Created In FY (Fiscal Year) 2002.
There was no discussion on this Agenda Item.
Mayor Bush stated, "Can we have a Motion for Informational" [Agenda].
"SO MOVED." MOTION BY DEPUTY lVIA YOR MILLER. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BLAKE: AYE
DEPUTY IYIA YOR MILLER: AYE
MOTION CARIUED.
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PUBLIC HEARINGS AGENDA (PART II)
PUBLIC BEARINGS
402. Not Used.
PUBLIC HEARINGS
403. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading And
Adoption Of Ordinance 2004-35, The Five-Year Capital Improvements Program
For FY (Fiscal Year) 2004/2005 Through 2009/2010 And Capital Outlays Document
For Fiscal Year 2004/2005.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department asked that this be postponed.
Mayor Bush summarized, "This Hem then - will be on next Week's Agenda." Ms.
Sahlstrom responded, "Yes."
PUBLIC HEARINGS
404. Office Of The City Attorney
Requests That The City Commission Pass On First Reading, Ordinance 2004-44,
Which Shall Amend Chapter 2, Article VII Of The Code Of Ordinances Regarding
The City's Emergency Management Regulations.
Discussion.
Deputy Mayor J'vfiller !eji the dais at 8.'] 5 p.m.'
"I MAKE A MOTION TO READ ORDINANCE 2004-44 BY 'TITLE' ONLY."
MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE, MEMBERS
THE CITY CLERK)
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
(VOICE VOTE AUDIBLE TO
OF THE CITY COMMISSION, AND
Attomey Garganese read the Ordinance by 'Title" only.
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Deputy lv/ayor J\liller relurned 10 the dais CIl 8.'19 p./n.
Discussion.
Attorney Garganese said, This Ordinance "Streamlines the process - it is a hierarchy.
The Commission \\'ould be first on the hierarchy, followed by the Mayor and the City
Manager to impose emergency measures on timely basis. Of course, if the Mayor and the
City Manager declared a Civil Emergency, and imposed some measures, that matter
would have to be brought back to the City Commission, at which point the Commission
can ratify and/or terminate the emergency and the measures that were imposed by the
Mayor or the City Manager."
Commissioner Blake inquired, "What happens if the Mayor or the City Manager declares
an Emergency and then utilizes some of the provision of this Ariicle, for instance the
spending authority, and the Commission at its earliest possible moment gets together and
overrules that - declaration, What happens to that expenditure? Does it remain a legal
expenditure?" Attorney Garganese responded, "Yes." Furthermore, Attorney Garganese
noted, "If they entered into a Binding Contract within the spending authority, it would -
be a Binding Contract." Commissioner Blake added, "And I think it should be, but Ijust
want to make sure that it is clearly stated, or that is what it says."
Commissioner Gilmore then addressed "Item ill - confiscating property... and regarding
item.QQ} - firearms, stated, "[ have a concern where we use the word 'Possession', and
also down under alcohol - 'Possession' ,"
With discussion on possible situations, Attorney Garganese pointed out these particular
powers applied "Only under an Emergency circumstance and to address a specific
Emergency." Furthermore, Commissioner Gilmore spoke of his concerns with weapons
being taken from someone's possession and suggested, "Further down the road, I think
you need to define better what is meant in that."
With further discussion on situations involving weapons, Attorney Garganese pointed out
that, "Under an emergency situation, if the Police Department, Police Chief, and the City
felt it was necessary to prohibit people from carrying weapons in a certain area of the
City because there is an emergency - yes, the City could impose that Emergency measure.
But it is only an Emergency measure - it is temporary and - it is nal)"owly tailored to
address the specific Emergency." Attorney Garganese added, "I could put 'Under
extreme circumstances, will that Emergency measure be imposed."
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the . 'Public Input" porlion of the Agenda Item.
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"I MOVE THAT WE PASS ORDINANCE 2004-44 \VHICH WOULD AMEND
CHAPTER 2. - Article VII. OF THE CODE OF ORDINANCES REGARDING
THE EMERGENCY MANAGEMENT REGULATIONS." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
COMMISSIONER BLAKE ADDED, "I WOULD. LIKE TO SEE THIS COME
BACK FOR A SECOND READING AND ADOPTION HEARING, BUT IN
BETWEEN THOSE TIIVrES, AND I DON'T THINK THAT THIS WOULD AT
ALL BE A SIGNIFICANT CHANGE, BECAUSE IT \"OULD NOT CHANGE
THE INTENT OR EFFECT OF THE ORDINANCE - BUT, I WOULD LIKE TO
SEE SOME FURTHER CLARiFICATION ALONG THE LINES OF THE
DISCUSSION THAT HAS BEEN HERE TONIGHT."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
500. Community Development Department
Requests That The City Commission Consider A Wall Sign Proposed For Both The
South (State Road 434) Side And North (Courtyard) Side Of Cristiano's Wine Bar
Cafe (Immediately East Of Tijuana Flats At JDC Calhoun Building Number 1
Within The .JDC Calhoun Town Center Site.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
his introductory comments.
"I WOULD LIKE TO MAKE A MOTION \VE APPROVE THE CRISTIANO'S
SIGN ON BOTH SIDES OF TI-IE BUILDING." MOTION BY COMMISSIONER
BLAKE. SECONDED BY DEPUTY MAYOR MI LLER'. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MA YORMILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILlVIORE: AYE
MOTION CARRIED.
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REGULAR
501. Community Development Department
Requests That The City Commission Consider Temporary Signage For Famous
Uncle AI's Hot Dogs Shop At Building Number 9, 'Within The JDC Calhoun Town
Center Site.
This Agenda Item was presented by iVlr, Baker, and discLlssion ensued on whether a
Banner Sign was already hanging.
"MOTION TO AP]>ROVE THE BANNER SIGN - ONLY." MOTION BY
DEPUTY MA YORMILLER. SECONDED BY COMMISSIONER GILMORE.
DISCUSSION.
YOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY lVIA YORMILLER: AYE
MOTION CARRIED.
REGULAR
502. Community Development Department
Requests That The Commission Waive Requiring Engineering Plans, Approve The
Maharaj Place Final Subdivision Re-Plat, And Authorize Its Recordation, Subject
To Conditions.
Mr. Baker also presented this Agenda Item to the City Commission and stated, "This one
meets the provisions of our Code and is consistent with the neighbors, so we recommend
approval, subject to the Attorney's review and comment on the Title work."
Brief discLlssion.
"MOYE FOR APPROVAL - SUBJECT TO THE ATTORNEY'S COMMENTS."
MOTION BY COMMISSIONER BLAKK SECONDED BY' COMMISSIONER
McLEOD. DISCUSSION.
YOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYIL
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILlVIORE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING, SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13, 2004)
PAGE 15 OF 28
REGULAR
503. Community Development Department
Presents To The City Commission A Request To Continue (For 6 Months) A
Conditional Use To Allow Multiple Family Dwellings In The C-l (Neighborhood
Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter
Of l' he City Code Of Ordinances.
With discussion, Commissioner Blake said to Attorney Garganese, "If they are moving
along and still cannot get it done in six (6) months, just because the nature of the project
takes longer than that, is there a provision that allows us to grant additional time over
that?" Attorney Garganese noted, "The Code permi ts one (1) additional period of six (6)
months - I think at that point, if they're still not moving forward and have a Building
Permit in hand, 1 think this Commission probably could reconsider the matter at that
time; even ifir is approving the Special Exception again, if that had to be done."
"I MAKE A MOTION TO APPROVE." lVIOTION BY COMMISSIONER
McLEOD. SECONDED BY COMMfSSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
REGULAR
504. Community DevelopmentDepartment
Recommends The City Commission Consider And Provide Direction Regarding The
Proposed Conceptual Site Plan And Architectural Rendering For Bruster's Ice
Cream.
Mr. Baker began this Agenda Item with his opening comments.
Deputy Mayor Miller spoke for the Record of vehicles having to possibly make a V-turn.
Tape 2/Side 13
Discussion.
Mr. Albert E. Ford If, ESCjllire, Ford and Brueggenzan, P.A., 270 Waymont Court, Suite
100, Lake MOlY, Florida.' addressed the City Commission and introduced his colleagues
involved with this proposed project.
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REGULAR MEETING - SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13, 2004)
PAGE 16 OF 28
Commissioner McGinnis spoke of her impressions with the proposed rendering and
stated, "This jusI is nOI very attractive, so that is why I asked my question about the
aesthetics. I am looking forward to some more details, colors, materials - and
landscaping. "
Mr. David De/gado, Casllerock Construction Company, J 632 North Ronald Reagan
Boulevard, Longwood, Florida.' stated, "The building for instance is faced down below
the windows in brick, and it's real brick. It's not painted on or faux brick; and the roof of
a typical Bruster's is a Canopy, a red Canopy. Everybody knows that Canopies require
maintenance, and sometimes after years, they don't look so hot, or maybe after a couple
of hurricanes, they look really bad; so - above the Standing Seam Metal Roof, we have a
synthetic stucco product. It's 'EFTS' - it is a very commonly used exterior siding
material, like most of the Town Center is constructed using synthetic stucco; and so the
colorings, we don't have color palette established, but you can be certain that whatever
we propose would come before the Commission or whoever is in charge of approving the
colors, to make sure that they're earth tone, pleasing colors. We'll coordinate the roof
with the area above the roof - the parapet wall area, and, so we're trying to take a basic
standard building and upgrade it to 'vvhat we believe the aesthetic review standards are
trying to achieve. That would be our goal."
Regarding the proposed landscaping, Mr. Delgado noted, "There are trees scheduled to
be planted just in front of - here - there are actually going to be three (3) trees, that the
Artist didn't show - all three (3); and we do have the Landscape plan full of attractive
trees that will survive well. The dumpster area is well screened around the dumpster
enclosure and in fact, the entire property has a landscape buffer from the road."
Commissioner Blake said, "According to the plan that you included, it shows the entire
west wall which wouid be the right half of the building that we see here, would be the
Cooler, and it shows in the drawing that the Cooler would go for the entire length or
depth - of the building. Are those artil~cial or faux windows there on the right hand
side?"
With fUliher discussion, Commissioner Blake stated, "So that means if you're driving
down [State Road] 434 [-]'0111 up here, driving down, that you are going to see a brick wall
and the halfa brick wall here. There \vill be no windows on this side..." Mr. Delgado
stated, "" .Correct.. ," Commissioner Blake continued, "" .Or on this half, which means
the folks that are driving up - coming up Costa Rica [Drive] will see - a plain brick wall,
except for the dri ve-thru apparatus...", M r. Delgado stated,'''... Correct - plus
landscaping. And we could also do some - possibly put some urban streetscape back
here to - soften up that."
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MINUTES
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REGULAR MEETING - SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13,2004)
PAGE 170F28
'FurthemlOre, Commissioner Blake stated, "I don't see a door to that restroom either. Ifit
is accessible from the outside, you \-vould expect to see a door here, in the drawing. I
don't see one there. My concern would be the big expanse, the large expanse plain brick
wall - that gets it kind of warehousy, and I would hope to see, when it comes back,
something to address this side over here where the Cooler is, and to open this end up a
little bit back here." Commissioner Blake added, "J would like to see something more
hardscape that shows life, than just the plants, because sometimes plants don't do so
well." Mr. Delgado suggested, "There are some opportunities perhaps for some
architectural features, some faux things,.."
Commissioner McLeod asked Mr. Delgado, "Why aren't we enclosing that Cooler as part
of the building?" Discussion, Furthermore, Commissioner McLeod said, "On this
comer, is this wood?" Mr. Delgado replied, "Probably should be a brick, but honestly, I
don't recall." With discussion, Commissioner McLeod suggested this not be wood. Mr.
Delgado then said, "Or it could be an 'EFIS'," Mr. Delgado added, "Or it could be a
stucco band, or something that won't deteriorate."
With further discussion, Commissioner lVlcLeod suggested, "One of the roofs you might
look at is a copper penny look" Commissioner McGinnis added, "I like that."
Additionally, Commissioner McLeod noted, "] am really absolutely not in favor of that -
for the sides of that building for that - big brick exposure on the side of the [State Road]
434, nor would the Canopy on [State Road] 434, stopping half way down the building,
and going away. It looks like coming from the west, heading east - you are coming into
the back side of the building." Commissioner McLeod added, "I don't think you are
positioned right at all."
Next, Commissioner McLeod suggested, "I think the Cooler needs to be incorporated into
part of that building, and the Canopy run - at least three (3) sides of the building, that are
seen."
On the issue of parking spaces, Deputy Mayor Miller stated, "You have got too many
parking spaces." .Furthermore, Deputy Mayor Miller stated, "I agree with the comments
made by Commissioner McLeod about the building."
Commissioner Gilmore asked about the Cooler. Mr. Delgado stated, "It has metal sides."
Commissioner Gilmore thcn asked, "What is the exterior of it?" Mr. Delgado responded,
"We're proposing to face it in brick and 'EFlS' - similar to the building." Then,
Commissioner Gilmore asked, "]s this a six foot (6') high walk-in Cooler or a seven foot
(7') high walk-in Cooler and 'what you are going to have is something that looks like a
shed attached to a building." Nlr. Delgado noted, "] understand your concern, and it's
something I'd have to go look at thc building design, because we haven't finalized the
building design." Mr. Delgado then said, "The concern is the look of the walk-in Cooler
and the Elevation looking from west to east, I think. And, so we'll be sure to address
that. "
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13, 2004)
PAGE 18 OF 28
Mr. Ayube (Benson) Kahn, 1464 Wescott Loop, Winter Springs, Florida: spoke on his
proposed ice cream store.
Commissioner [vlcLeod noted, "The main thing I think is that you have got to do
something with that [State Road] 434; and - the Cooler needs to be gone." Commissioner
McLeod suggested, "Rather than bui Iding two (2) walls, the outside wall, and then
building a wall for the Cooler, YOll lllay be better off just building the Cooler inside the
building." With further discussion, Commissioner McLeod noted, "We don't want to see
your metal Cooler - put a wa]] around it."
Mayor Bush suggested, "[ think one of things that would help when it comes back is that
you would have Artist's Renderingsofthe different sides of the building."
Mr. Thonws H. Sk.eleton, P,E., American Civil Engineers, lnc" 207 North Moss Road,
Suite 211, Winter Springs. Florida: spoke on this project and a previous plan showing a
different orientation of the building,
With further discussion, Commissioner iVlcLeod suggested, "If you wrap your building,
basically with that awning on the three (3) sides, and put the Cooler under the roof, with
the brick, you resolve the problem of that Site Plan." Commissioner McLeod added,
"You could put a bed- right in here, and put some greenery in there. That is what should
be done." Commissioner Blake then recommended, "If you put one of those windows on
the comer right here - like what they have over at our Town Center, - it is not a real
window - I think those two (2) items, what Commissioner McLeod just said, and add that
window." Furthermore, Comnlissioner McLeod suggested, "If possible, you slope this
roofback this way." ,
Mayor Bush called a Recess at 9.'36 p.m,
Tape 3/Side A
The Meeting reconvened at 9:48 p,l71.
REGULAR
505. Finance Department
Requesting The City Commission Adopt Resolution Number 2004-41, Establishing
A Recycle Bin Policy.
Ms. Michelle Greco, Director, Finance Department addressed the City Commission on
this Agenda Item.
Discussion.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 20. 2004
(POSTPONED FROM SEPTEMBER 13,2004)
PAGE 190F28
"I MAKE A MOTION THAT 'WE ADOPT THE RESOLUTION WITH 'OPTION
1'." MOTION BY DEPUTYMA YOR MILLER.
MOTION DIED FOR LACK OF A SECOND.
"I WOULD LIKE TO MAKE A MOTION - 'OPTION 2' AMENDED -
EVERYBODY GETS THE FIRST BIN AT FOUR DOLLARS ($4.00) AND ANY
ADDITIONAL BINS WILL BE AT TEN DOLLARS ($10.00)." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GILMORE.
DISCUSSION.
"I WOULD LIKE TO AMEND THE MOTION TOHA VE THE FIRST ONE AT
FOUR DOLLARS ($4.00) AND THE SECOND ONE - SIX DOLLARS ($6.00)."
AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED
BY COMMISSIONER GILMORE. DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER McGINNIS: AYE
COMMMJSSIONER GILIVIORIL: AYE
DEPUTY MAYOR MILLER: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
VOTE: (ON THE MAIl\'MOTION, AS AMENDED)
COMMISSIONER GILMORE: AVE
DEPUTY MAYOR MILLER: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
506. Office Of The Mayor
Requests The City Commission Consider Travel Reimbursements.
With discussion, Commissioner Blake said, "On the Mileage, that it ought to be at a
number that works and why not just adopt what the Federal Government sets on an
annual basis." Commissioner Blake was asked about the Government's rate and he
responded by saying, "Thirty-seven (37) and a half this year."
Discussion.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING, SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13, 2004)
PAGE 20 OF 28
"I WOULD LIKE TO MAKE A MOTION THAT \VE ACCEPT - THE
PROPOSED FIVE DOLLARS ($5.00), TEN DOLLARS ($10.00), FIFTEEN
DOLLARS ($15.00) PER DIEM \VITH - WHATEVER THE FEDERAL
GOVERNMENT'S RATE IS, WflnCH I THINK THIS YEAR, ACCORDING TO
COMMISSIONER BLAKE IS THIRTY-SEVEN (37) AND A HALF CENTS [.375]
AND WHATEVER IT WILL BE IN FUTURE YEARS." MOTION BY DEPUTY
MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
COMMISSIONER BLAKE SAID, "THIS WILL BE EFFECTIVE OCTOBER 1ST,
2004?" MAYOR BUSH STATED, "IT WILL BE EFFECTIVE TOMORROW."
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MA YOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
REGULAR
507. Finance Department
Requesting The City Commission Consider The Adoption Of Resolution 2004-42,
Relating To The Oak Forest Wall And Beautification Assessment Area.
Discussion.
Ms. Joanne Krebs, j 002 Taproot Drive, Winter Springs, Florida: commented on the
results of the recent Oak Forest Straw Ballot.
Discussion.
Mr. Marshall Allen. 1065 If/inter SjJ/'ings Boulevard, IFinter Springs, Florida: spoke in
favor of the proposed Assessment.
Discussion,
Commissioner McLeod spoke for the record that he was 111 favor of this proposed
Assessment.
Further discussion.
"I WOULD LIKE TO MAKE A MOTION THAT 'VE ADOPT ITEM '507' WITH
THE RECOMMENDED ITEM 'e'." MOTION BY DEPUTY MAYOR MILLER.
SECONDED BY COMMISSIONER McLEOD WHO ADDED, "THAT IS
RESOLUTION 2004-42." DISCUSSION.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13,2004)
PAGE 21 OF 28
VOTE:
DEPUTY lVIA YORMILLER: AYE
COMMISSIONER McGINNIS: AVE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: NA)/
COMMISSIONER GILMORE: AYE
MOTION CARRI ED.
REGULAR
508. Community Development Department
Requests That The City Commission Consider An Annexation And Pre-
Development Agreement And Its Associated Concept Plan For Eleven (11) Acres
Owned By Highlander Investments Ltd., Located On The South Side Of State Road
434, Generally East Of The 'Vinter Springs Automotive Site And Generally North
Of Tuskawilla Trails.
Commissioner McLeod stated, "1 must abstain."
Mr. Baker presented this Agenda Hem.
Discussion followed on a proposed Referendum, and Commissioner Blake asked
Attorney Garganese, "What is the planned timing for that?" Attorney Garganese noted,
"You will probably have the First Reading of that or at your - next Regularly Scheduled
Meeting. "
Further, Commissioner Blake remarked for the record about how this project has been
reviewed.
Tape 3/Side B
Discllssion.
Mr. Tom Corkery, 759 Bear Creek Circle, Winler SjJrings, Florida.' commented on this
project and stated, "Current Iy, there is 103 guest parking spaces for 170 units. Each unit
has a two (2) car garage." TvII-. Corkery added, "There is no guest parking in the alley
ways."
Discussion.
Commissioner McLeod stated, "There is nothing new here that wasn't brought out in the
Conceptual, other than getting [Victor] Dover to put in writing about his Agreement to
Edge Drive which he originally and verbally agreed to."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 20. 2004
(POSTPONED FROM SEPTEMBER 13,2004)
PAGE 22 OF 28
Mr. Corkery spoke about the planned price ranges by saying, "We start at about one
hundred seventy-five thousand dollars ($175.000.00) to one hundred eighty thousand
dollars ($180,000.00), will be our starting price. Square footage for the smaller units,
about fifteen hundred (1500) square feet, fourteen hundred eighty (1480) and as high as
twenty-three hundred (2300) square feet to about two hundred thirty-five thousand
dollars (235,000.00), two hundred fifty thousand dollars ($250,000.00). We think by the
time we get to the latter part of this project, the units will range somewhere from two and
one quarter to three hundred thousand (300,000.00). That's all what we're hoping. Some
units are beautifully designed with different roonines; there are three (3) story units, big
hip roofs - which actLlally could go four (4) stories with bonus rooms underneath the
roof." Furthermore, lVII', Corkery mentioned, "They well exceed - two and half (2 1/2)
parking spaces per un it."
Attorney Garganese spoke for record about a requested Waiver of Development
Agreement Fees and noted, "Stairs position \vas that there would be no Waiver for that
Fee. As the City has done with other Town Center applications, the City has waived the
Comp Plan Application, Re-Zoning Application and the Annexation Application Fee, to
bring the property into the Town Center as contemplated in the original Comprehensive
Plan Policy for the Town CenteL" Commissioner Blake added, "And that is a Policy that
we have utilized across the board with other properties'?" Attorney Garganese responded,
"Yes. 1n fact the Development Agreement says that the Developer will pay all Permit
Fees imposed by the City, except for the ones that Ijusl mentioned."
Commissioner Blake said, "There will be Bike Racks - throughout?" Mr. Corkery
responded, "Bike Racks, sure - if you would like them."
With further discussion, Commissioner fvlcLeod said to Manager McLemore, "I got a
letter from the City that says these are the Fees that 'vve are going to waive.' Did you go
back and look at that letter?" Manager McLemore replied, "1 did not." Commissioner
McLeod added, "] think you should." Manager McLemore noted, "As I explained in our
meeting, J would not recommend waiving a Developer's Fee under any circumstances;
and if that went in the letter,it needs to be taken out." Commissioner McLeod spoke for
the record on the letter in question.
"I WILL M.AKE A MOTION THAT \VE APPROVE THIS ITEM, MOVING
FOR\VARD, SUBJECT TO THE ATTORNEY'S COMMENTS, RELATED TO
FEES." MOTION BY C01VIMISSIONER BLAKE. SECONDED BY
COMMISSIONER GILMORE. DISCUSSION.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13,2004)
PAGE 23 OF 28
VOTE:
COMMISSIONER McGINNIS: AVII
COMMISSIONER GILMORE: AVII
COMMISSIONER BLAKII: AYE
DEPUTY MA VOR MILLER: AYE
COMMISSIONER McLEOD: ABSTAINED
MOTION CARRIED.
REGULAR
509. Office Of The City iVlanager
Requesting That The City Commission Give Authorization To Enter Into A '
Temporary Loan Or Line Of Credit Agreement To Fund Hurricane Related
Expenses Until The Federal And State Reimbursements Can Be Received.
Manager McLemore introduced this Agenda Item, Discussion.
"I WILL MAKE A MOTION TO APPROVE THIS." MOTION BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER.
DISCUSSION.
VOTE:
COMMISSIONER GILMORE: A VII
DEPUTY iVIA YOR MILLER: AVE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AVE
MOTION CARRIED.
REGULAR
510. Community Development Department - Customer Service Division
Requests Direction On Emergency Ordinance Number 2004-41 By Commission On
Extending The \Vaiver Of Arbor Permit Fees And Confirming Building Permit Fee
Waiver.
Ms. Max Epstein, Manager, Customer Service Division, Community Development
Department spoke 011 this Agenda Item.
Much discllssion.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13,2004)
PAGE 24 OF 28
On the issue of whether Contractors are charging residents for Permit Fees,
Commissioner Blake suggested, "[n one of our - Newsletters or informational things we
send out to folks - make sure that they understand that these are not being charged, and if
in fact, a Contractor is charging it, then they ought be contacting the State Attorney's
Office who will then pursue price gouging,"
Discussion ensued with iVfr. Dennis Franklin, Building Official, Building Division
Community Development Department.
Commissioner McGinnis inquired of lVlanager McLemore, "Are you preparing to do
another Informational..." IVlanager }';[cLemore said, ".. .It's already gone."
Commissioner Blake added, "Hopefully it says on thefe, 'Check our Website frequently
for updates' ."
Further di sCllssion.
"I WOULD LIKE TO MAKE A MOTION THAT 'VE INITIATE OR RE-
COMMENCE REQUIRING ARBOR PERMITS FOR ALL TREES - WAIVNG
ALL ARBOR PILRiVIlT FEES FOR ARBOR ISSUES ASSOCIATED WITH ANY
OF THE THREE (3) OR FOUR (4) OR FIVE (5) HURRICANES, WHATEVER IT
HAPPENS TO BE BETVVEEN NOW AND DECEMBER 31ST, 2004." MOTION
BY COMMISSIONER BLAKE.
COMlVlISSIONER BLAKE ADDED, "MY ONLY MOTION IS TO BEGIN TO
REQUIRE ARBOR PERMITS AGAIN, AS OF SEPTEMBER 15TH WHICH I
UNDERST AND \V AS FIVE (5) DAYS AGO, 2004, BUT CONTINUING TO
WAIVE - ARBOR PERMIT FEES FOR TREES ASSOCIATED WITH ONE OF
THE HURRICANES, UNTIL DECEMBER 3]ST, 2004." SECONDED BY
COMMISSIONER GILMORE. DISCUSSION.
Mr. Michael Tvlingea, Arborist/Environmental Inspector, Community Development
ComIl1unity Development Department ~lddressed the City Commission.
Commissioner McLcod asked Mr, Franklin, "Do you believe February is too far out,
according to the other Cities'?" 1VIr. Franklin responded, "No, I don't." Commissioner
Blake added, "We would revisit that in January, My question is how are we going to
inform and then enforce the requirement for Arbor Pei'mits at this point, going forward?"
With discussion 011 informing residents, Manager JVIcLemore said, "I am trying to get it
in the next cycle of Water Bills."
Discussion ensued with Mr. rVlingea,
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR rvlEETING - SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13,2004)
PAGE 25 OF 28
Next, Commissioner Gilmore said, "I really believe what we need to do is readdress our
Arbor Ordinance and look at the \vho1e thing. Are we planting the right kind of trees in
the proper places?" Commissioner Gilmore added, "Ron [McLemore], we need to take a
step back, look at the Arbor Ordinance and say, 'What do we really want to do'?"
Deputy Mayor Miller stated, "( make a Motion we extend the Meeting for an hour."
Mayor Bush said, "We do have another Motion on the noor right now, and we need to
address it." Commissioner iVlcLeod added, "And seconded?" Mayor Bush responded,
"Yes." Comniissioner J\ilcLeod then said, "I think we ought to address it first."
Manager McLemore noted, "( think \vhat we are going to be faced with in terms of
maintaining the indisputable amount of value that a tree canopy provides to a community
and the property owners, is an intensive Right-of-way Planning Program, and I am going
to include that in my recommendations to you next week."
"I \VOULD LIKE TO AMEND THE MOTION THAT WE DO NOT - HAVE
FEES UNTIL DECEMBER 31ST 120041 FOR ANY STORM DAMAGED TREES-
WE STAY THE \V A Y WE ARIE; AND WE DON'T HAVE TO COME PULL THE
PERMIT FOR STORM DAMAGED TREES." AMENDMENT TO THE MOTION
BY COMMISSIONER McLEOD. COMMISSIONER McLEOD ADDED,
"STORM DAMAGED TREES." MAYOR BUSH SUIVIMARIZED, "NO PERMIT
REQUIRED FOR STORM DAMAGED TREES." SECONDED BY
COMMISSIONER GILMORE. DISCUSSION.
YOTE: (ON THE A1VrENDIVIENT)
COMMISSIONER McGINNIS: NAY
COMMISSIONER GILMORE: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRI I~D.
YOTE: (ON THE !\tJAIN MOTION, AS AMENDED)
DEPUTY MAYOR MTLLER: AYE
COMMISSIONER McLl~OD: A YIE
COMMISSIONER BLAKE: AYE
COMMISSIONER i'\'IcGINNIS: AYE
COMMISSIONER GILJVIORE: AYE
MOTION CARRIED.
Tape 4/Side A
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CITY OF WINTER SPRINGS
MINUTES
, CITY COMMISSION
REGULAR MEETING - SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER 13.2004)
PAGE 26 OF 28
REPORTS
REPORTS
600. Office Of The City Attorney - Anthony A. Garg<lnese, Esquire
Attorney Garganese spoke on Resolution 2004-44, "Which authorizes the Mayor to sign
the Disaster Relief Funding Agreement with the Department of Community Affairs."
Discussion.
"1 WOULD LIKE TO MAKE A MOTION WE ADOPT RESOLUTION NUMBER
2004-44, AS STATED." MOTION BY COMMISSIONER McLEOD. SECONDED
BY COMMISSIONKR BLAKE. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
REPORTS
601. Office Of The City M<lnager - Ronald W. McLemore
No Report.
REPORTS
602. Office Of The City Clel'k - Ancll'ea LOI'enzo-Luaces
No Report.
REPORTS
603. Commission Scat Three - Donald A. Gilmore
Commissioner Gilmore offered his thanks to the Fire Department for their assistance in
transporting an Advisory Committee [\/lember's spouse to the Hospital, and stated on
behalf of the COlllmittee JVlember, "Your people are to be commended."
Commissioner Gilmore asked about the status of the Ordinance related to trash cans
sitting on curbs. Mayor Bush stated, "Anthony [Garganese] and Ron [McLemore] will
get back to LIS."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING, SEPTEMBER 20. 2004
(I'OSTI'ONED FROM SEPTEMBER 13.2004)
PAGE 27 OF 28
REPORTS
604. Conimission Seat FOllr - Sall~' McGinnis
No Report.
REPORTS
60S. Commission Seat Five - David W. McLeod
Commissioner McLeod said to Attorney Garganese, "You were supposed to get back to
us Anthony [Garganese] with another way to look at Variances." Attorney Garganese
stated, "That Ordinance is almost done and it will be coming to you, if not the next
Meeting, the Meeting after,"
Next, Commissioner McLeod stated, "Did we go any further when we were talking about
properties that had - over ten (10) acres in the City, and they wanted to split it once - I
mentioned one party has got over forty (40) acres and wanted to split it once, but if they
wanted to give any of the additional twenty (20) acres to any of their family members that
it didn't have to be platted?" \iVith discussion, Commissioner McLeod added, "I would
appreciate you continuing 1:0 look at that."
REPORTS
606. Office Of The iVlayol' - John F. Bush
No Report.
REPORTS
607. Commission Seat One/Deputy Mayor - Robert S. Miller
Deputy Mayor Miller noted, "1 would like the City Manager on the next Agenda to put an
'1nfomlational' Item down, and gi ve us an update on what is happening with putting the
power lines underground on State Road 434 - on the west side of town - a lot of detail, if
possible."
REPORTS
608. Commission Scat Two - Michael S. Blake
No Report.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING, SEPTEMBER 20, 2004
(POSTPONED FROM SEPTEMBER \3,2004)
PAGE 28 OF 28
AGENDA NOTE:
DOCUMENTED
THE FOLLO\VING REPORT WAS DISCUSSED AS
REPORTS
REPOIUS
601. Office Of The City Manager - Ronald W. McLemore
Manager McLemore spoke briefly of a Memo on an ADA Paratransit request from the
Seminole County Commission and the possibility of ollr CityCommission meeting with
the Seminole County Commission.
ADJOURNlV[ENT
Mayor Blish adjourned the Ivleeting at 11 :30 p.m.
RESPECTFULLY SUBMiTTED:
ANDREA LORENZO-LUACES, CMe
CITY CLERK
APPROVED.'
JOHN F. BUSl-I
MAYOR
NOTE: Thesc M inlllcs were ~ppn)Vccl ,it the
, 2004 I~eglllur City Commission Meeting,
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