HomeMy WebLinkAbout2008 04 30 Other Documents Referenced By Commissioner Joanne M. Krebs Date: Apri130, 2008
The following document was referenced by
Commissioner Joanne M. Krebs during the April
30, 2008 City Commission Emergency Special
Meeting.
Page 1 of 2
Danielle Harker
From: Danielle Harker
Sent: Tuesday, April 29, 2008 4:33 PM
To: 'Joanne Krebs'
Cc: _City Clerk Department
Subject: Central Wnds Park Fees
Importance: High
Commissioner Krebs-
Both LaDonna and I researched the Central Winds Park Fee issue that vou asked about.
I found t�ti�o (2) Resolutions that dealt �ti1th fees for acti�zties, etc. at Central Winds Park, but
nothing directl_y related to charging for companies or e<<�ents like the Scottish Highlands Games.
The Resolutions are 2006-11 and 2002-31.
I also looked through the Ordinances and did not find an��hing relating to this issue.
LaDonna found much discussion on fees for Central Winds Park, but again, didn't find
an��thing directl�- related to e�-ents, etc. The Minutes that she noted are as follo���s:
-2000 oi io Regular
-200109 25 Special
-2003 03 24 Regular
Again, LaDonna mentioned that there �tiere se��eral minutes in �ti�hich this issue �vas discussed,
but that she could not find any PolicS- that ��-as done bv the Commission.
To sum up, both of us (in the short time spent researching) did not find any- Polic�-, Resolution,
Ordinance or direction from the Cit�� Commission related to setting a fee for the use of Central
Winds Park in reference to Events or in any amount close to $3000.0o as Chuck had
referenced.
If there is any other information that yTou �vould like us to research for ��ou, please feel free to
contact us and �-e �ti111 be more than happ}- to help.
Hope the information above is useful.
Ha��e a great night and see you tomorro�tiT morning for the Emergency Special Meeting,
1�anielle .�far�,er
Assistant to the Citv Clerk
City of Winter Springs
(407) 3
f: �407) 3
4!30/2008
Page 1 of 1
Danielle Harker
From: Danielle Harker
Sent: Tuesday, April 29, 2008 2:21 PM
To: 'Joanne Krebs'
Cc: _City Clerk Department
Subject: RE: Park Fee Schedule
Attachments: Scottish American Society of Central Florida 2003.pdf
Commissioner- I recei�•ed the information from Chuck. He belie�•es that the S3000 park rental fee �tiTas
established for the park rental for the Scottish Highland games. Thereforc, that's the fee that has been
proposed for the entire parl: rental from that time. He thinks the $300o fee ��-as first implemented for
the 2003 Scottish Highland games and that the fee is in the 2003 contract. I verified that the fee ��-as in
fact in the 2003 contract and ha�•e attached that for �•our information.
Please let me kno��- if �-ou need an��thing else.
Thanks!
From: Danielle Harker
Sent: Tuesday, April 29, 2008 1:59 PM
To: 'Joanne Krebs'
Cc: _City Clerk Department
Subject: RE: Park Fee Schedule
Commissioner- I am �corking to get that information to ��ou. I��-i11 email �rou the information ��-hen I
recei�-e it Thanl:s!
From: Joanne Krebs [mailto:jkrebs@cfl.rr.com]
Sent: Tuesday, April 29, 2008 1:59 PM
To: Danielle Harker
Subject: Park Fee Schedule
Importance: High
Danielle: at your earliest convenience, could you please (ocate a park fee schedule for me. At last night's
meeting Chuck said that the rental for the pazk (for two day�s) was $3000. I don't remember setting that policy,
so perhaps it «as not under my �iatch. At any rate, I«�ould like to understand the rental fees for the park as a
whole.
Thanks in advance.
Joanne
Joanne '�7. F�rebs
Gty of Winter Spnngs
Commissioner District 5
Distrid/Seat 5 MAP
Telephone: (407) 699-4391 (Residence]
Facsimile: (407) 327-4753
email: ikrebsC�wintesspringsfl,ory
4i.3��2��g
CITY OF V�'INTER SPRINGS, FLORIDA
27'� ANNUAL CENTRAL FLORIDA
SCOTTISH FESTIVAL and HIGHLAND GAMES PERMIT AGREEMENT
THIS 27`� ANNLJAL CENTRAL FLORIDA SCOTTISH FESTNAL and HIGHLAND
GAMES PERMIT AGREEMENT ("Agreement") is made and entered into on the last date indicated
below by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation,
("City"), and THE SCOTTISH-AMERICAN SOCIETY OF CENTRAL FI,ORIDA, INC., a
Florida Not for Profit Corporation and Federal 501(c)(3) organization ("Permittee").
WITNESSETH:
WHEREAS, Permittee desires to hold a Special Event for the benefit of the public in the
interest of increasing public awareness of Scottish culture and heritage by the production of the
annual Scottish Highland Games on January 17, 2004 at Central Winds Park, which is located in and
owned by the City of Winter Springs, Florida; and
WHEREAS, Permittee desires a permit from the City which would permit the Permittee to
hold the 27` Annual Central Florida Scottish Festival and Highland Games at Central Winds Park,
as permitted under this Agreement; and
WHEREAS, Permittee represents and warrants that it has the personnel, tools, materials, and
experience to satisfy the permit requirements set forth hereunder and to provide the Special Event
as provided herein.
NOW THEREFORE, in consideration of the provisions contained in this Agreement, and
other good and valuable consideration in which the parties aclaiowledge has been received, the
parties agree as follows:
1.0 Incorporation of Recitals: The foregoing recitals aze true and correct and by this reference
are fully incorporated into this Agreement.
2.0 General Provisions:
2.1 Definitions:
(a) "Advertise" shall mean the act of publicly announcing or calling attention to
the Special Event and could include, but not limited to, the distribution of
handbills or mass mailings, the use of outdoor advertising and
announcements by billboazd, poster, radio, television or newspapers.
(b) "Agreement" or "Contract" shall mean this Agreement and all exhibits and
addendums thereto between the City and Permittee regarding the Special
Event permitted herein.
(c) "Central Winds Park" shall mean the park owned and operated by the City,
which is located within the City of Winter Springs on State Road 434 and
adjacent to the Winter Springs High School and Lake Jessup.
(d) "Cit�' shall mean the City of Winter Springs, a Florida Municipal
Corporation and its employees, agents and contractors.
(e) "City Manager" shall mean the City Manager of the Winter Springs, Florida
or his designee.
(� "Permittee" shall mean the Scottish American Society of Central Florida,
Inc., a Florida Not for Profit Corporation and Federa1501(c)(3) organization,
and its officers, employees, agents, and its contractors.
(g) "Effective Date" shall be the date on which the last signatory hereto shall
execute this Agreement, and it shall be the date on which this Agreement
shall go into effect. The Agreement shall not be effective against any party
until said date.
(h) "Public Records" is as described in Section 119.011(1), Florida Statutes.
(i) "Special Event"shal] mean the outdoor Scottish Festival and Highland Games
to be held at Central Winds Park on January 17, 2004 and further described
in this permit Agreement. The Special Event shall be planned, promoted,
managed, and operated by the Permittee pursuant to this Agreement.
2.2 Engagement. The City hereby permits the Permittee and the Permittee agrees to
provide the Special Event outlined in this Agreement. No prior or present
agreements or representations shall be binding upon any of the parties hereto unless
incorporated in this Agreement.
3.0 Scope of Special Event. Permittee agrees to provide the following Special Event under the
following special operating conditions:
3.1 Special Event. Permittee shall Advertise, produce, plan, promote, manage and
operate the Special Event in cooperation with the City. In furtherance thereof,
Permittee agrees to keep the City Manager fully informed of its plan to promote,
manage, and operate the Special Event so that City can reasonably satisfy its
obligations under this Agreement and reasonably address issues of public health,
safety, and welfare related to the Special Event.
3.2 Food and Beverage. Permittee agrees to provide all food and beverage concessions
for the Special Event, except for food and beverage concessions at the concession
building located in the center of the baseball complex at Central Winds Pazk, which
Page 2 of 9
will be provided and operated by City. Permittee shall retain all fees and
commissions &om the concessions provided by Permittee. Alcoholic beverages shall
be limited to beer, wine and frozen drinks, if provided. However, Pertnittee may
allow the Famous Grouse to distribute %z ounce samples of Scottish whiskey from
their assigned booth during the Special Event.
3.3 Sponsorship; Event Fees. Unless otherwise provided in this Agreement, Permittee
shall retain the sole right to all sponsorships and paid fees for the Special Event.
3.4. Staging: Other Production Materials. Permittee shall provide all staging and
production materials necessary to produce a high quality Special Event including, but
not limited to, professional audio system, staging and stage lighting, golf carts,
radios, tents, port-a-lets, security, event staff, and catering for staff.
3.5 Professional Entertainmeot. Permittee shall provide professional entertainment
during the Special Event as deemed appropriate to a family oriented and traditional
Scottish event as more particularlydescribed in E�chibit "A," which is attached hereto
and fully incorporated herein by this reference.
3.6 City Special Event Policv. Permittee agrees to comply with the City's written
Special Event policy , if any�, deemed applicable to the Special Event by the City
Manager.
3.7 Permits. Permittee shall obtain all local, state, and federal permits necessary to hold
the Special Event and conduct any particular activities therein. City shall waive all
City permit fees for the Special Event in consideration of the compensation required
to be paid City under this Agreement.
4.0 Compensation and Expenses. Compensation and expenses for the Special Event shall be
paid as follows:
4.1 Rental Fee. Upon both parties fully executing this Agreement, Permittee shall pay
the City a field and facility rental permit fee in the amount of $3,000.00 for the use
of Central Winds Park. This Agreement shall only become effective upon said
execution of this Agreement and the payment of said fee.
4.2 Permittee Expenses. Unless otherwise provided in this Agreement, Permittee shall
pay all costs and expenses necessary for the Permittee to satisfy its obligations under
this Agreement including, but not limited to, City fire and police services and extra
City personnel services caused by the Special Event and as deemed reasonably
necessary by the City Manager, clean up of Central Winds Pazk and surrounding area,
parking coordination, repair of damages incurred to Central Winds Park caused by
the Special Event, portable restroom facilities, all necessary power at Central Winds
Page 3 of 9
Park to include three phase 300-amp; single phase 100-amp power drop at the main
stage location and additional 20-amp as needed (each of the main drops must be
isolated for use on the Special Event and set-up days), and existing lighting of
Central Winds Park and surrounding areas. Payment for any expenses owed to City
under this provision shall be made at the conclusion of the Special Event or within
ten (10) days of presentation of such expenses by City to Pernutee, whichever occurs
later.
4.3 City Expenses. City shall provide the following services and facilities for the
Special Event: (1) use of Central Winds Pazk on the day of the Special Event, and
shall have general access the three preceding days required for set-up purposes and
the two days following the event for load out and clean up purposes; (2) use of
Central Winds Parking areas in addition to City owned parking areas at City Offices
and access to parking facilities at Winter Springs High School on the day of Special
Event; and (3) restroom facilities at the baseball complex.
5.0 Due Diligence. Permittee acknowledges that it has investigated prior to the execution of this
Agreement and satisfied itself as to the conditions affecting the Special Event desired
hereunder, the availability of materials and labor, the cost thereof, the requirements to obtain
necessary insurance, permits, professional entertainment and the steps necessary to complete
the Special Event within the time set forth herein. The Permittee warrants unto the City that
it has the competence and abilities to carefully, professionally, and faithfully complete the
Special Event in the manner and within the time limits proscribed herein. The Permittee will
perform the Special Event with due and reasonable diligence consistent with sound
professional and labor practices and with due and reasonable consideration to the public
health, safety�, and welfa.re.
6.0 General :Yliscellaneous Provisions. The following general miscellaneous provisions shall
apply to this Agreement:
6.1 Time of the Essence. The City's responsibility to make Central Winds Park available
to Pernuttee is limited to the time periods set forth hereunder. As such, the Permittee
ackno�vledges and agrees that time is of the essence for the completion of the Special
Event to be performed under this Agreement.
6.2 Non-Business Day. In the event that any period of time as set forth in this
Agreement expires ar any date herein occurs on a Saturday, Sunday, holiday or other
non-business day, then such date shall automatically extend to 5:00 p.m. on the next
subsequent business day, excluding the day the Special Event will be held pursuant
to this Agreement.
6.3 No Assignmen� This Agreement shall not be assigned or transferred unless prior
written consent is granted by the City Commission of Winter Springs.
Page 4 of 9
6.4 Further Assurances. From and after the execution of this Agreement, each of the
parties hereto shall fully cooperate with each other and perform any further act(s),
execute and deliver any further documents which may be necessary or desirable in
order to carry out the purposes and intentions of this Agreement.
6.5 Legal Represeatation. The parties acknowledge that Anthony A. Garganese,
Esquire, and Brown, Salzman, Weiss & Garganese, P. A., and other attorneys therein,
have acted as counsel for the City in connection with this Agreement and the
transactions contemplated herein, and have not given legal advice to any party hereto
other than the City.
6.6 Severability. If a word, sentence, or pazagraph herein shall be declazed illegal,
unenforceable, or unconstitutional, the said word, sentence, or pazagraph shall be
severed from this Agreement, and this Agreement shall be read as if said illegal,
unenforceable, or unconstitutional word, sentence, or paragraph did not exist.
6.7 Governing Law; Venue. This Agreement shall be governed by the law of the State
of Florida. Venue of all disputes shall be properly placed in Seminole County,
Florida. The parties agree that the Agreement was consummated in Seminole
County, and the site of the Special Event is Seminole County. If any dispute
concerning this Agreement arises under Federal law, the venue will be Orlando,
Florida. Any objections to jurisdiction and venue are expressly waived.
6.8 Attorney's Fees. In the e��ent any litigation or controversy arises out of or in
connection with the parties hereto, the prevailing party in such litigation or
controversy shall, to the extent permitted by law, be entitled to recover from the other
party or parties all reasonable attorney's fees and paralegal fees, expenses and suit
costs, including those associated with any appellate or post judgment collection
proceedings.
6.9 Non Waiver. No delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that right, shall constitute a waiver
of that or any other rights, unless otherwise expressly provided herein.
6.10 Notices. Any notice, request, instruction, or other document to be given as part of
this Agreement shall be in writing and shall be deemed given under the following
circumstances: when delivered in person; or three (3) business days after being
deposited in the United States Mail, postage prepazed, certified or registered; or the
next business day after being deposited with a recognized overnight mail or courier
delivery service; or when transmitted by facsimile or telecopy transmission, with
receipt acknowledged upon transmission; and addressed as follows (or to such other
person or at such other address, of which any party hereto shall have given written
notice as provided herein):
Page 5 of 9
TO THE CITY:
Mr. Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Fl. 32708-2799
407-327-5957 (Phone)
407-327-6686 (Fa�c)
WITH A COPY TO:
Anthony A. Garganese
City Attorney
Brown, Salzman, Weiss & Garganese, P.A.
225 E. Robinson Street, Suite 660
Orlando, FL 32802
407-425-9566 (Phone)
407-425-9596 (Fax)
TO SCOTTISH AMERICAN SOCIETY
OF CENT'RAL FLORIDA:
Mr. Peter Linnenkamp, President
5429 Birchbend Loop
Oviedo, FL. 32765
PH.: (407) 681-3771
6.11 Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered, shall be original; but such
counterparts shall together constitute but one and the same instrument.
6.12 Public Record. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other
writing of the Permittee related, directly or indirectly, to this Agreement, may be
deemed to be a Public Record whether in the possession or control of the City or the
Permittee. Said record, document, computerized information and program, audio or
video tape, photograph, or other writing of the Permittee is subject to the provisions
of Chapter 119, Florida Statutes, and may not be destroyed without the specific
written approval of the City. Upon request by the City, the Permittee shall promptly
supply copies of said Puhlic Records to the City. All books, cards, registers, receipts,
documents, and other papers in connection with this Agreement shall at any and all
reasonable times during normal business hours of the Permittee be open and freely
exhibited to the City for the purpose of examination and/or audit.
Page 6 of 9
6.13 Interpretation. Both the City and the Permittee have pazticipated in the drafting of
all parts of this Agreement. As a result, it is the intent of the parties that no portion
of this Agreement shall be interpreted more harshly against either ofthe parties as the
drafter.
6.14 No Joint Venture. This Agreement shall not in any way be deemed to create a joint
venture or principal-agent relationship between Permittee and the City.
6.15 No City Representations and Warranties; Saccess of Special Event. Permittee
agrees and acknowledges that the City has made no representations and warranties
regarding the Special Event. Permittee has assumed full responsibility for fumishing,
performing, and completing the Special Event and that Permittee agrees and
acknowledges the City has in no way guaranteed that the Special Event will be
successful and profitable by any person's standazd and belief of success and profit.
7.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between
the parties and supersedes all prior negotiations, representations, or Agreements, either oral
or written, and all such matters shall be deemed merged into this Agreement.
8.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver
of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed regarding the City's potential liability under state or federal law.
9.0 General Liability Insurance. For all activities and services permitted and which occur
under this Agreement, including any and all activities and services provided and performed
by Permittee and by authorized participants of the Special Event, the Permittee shall purchase
and maintain, at its own expense, such general liability insurance, food and liquor liability
insurance and automobile liability insurance to cover claims for damages because of bodily
injury or death of any person or property damage arising in any way out of the activities and
services permitted and occurring under this Agreement, including any and all activities and
services provided and performed by Permittee and by authorized participants ofthe Special
Event. The insurance shall have minimum limits of coverage of $1,000,000.00 per
occurrence combines single limit for bodily injury liability, property damage liability, and
food and liquor liability. This shall include, but not be limited to, automobile liability of
owned vehicles, hired and non-owned vehicles, and employee non-ownership. All insurance
coverage shall be insurer(s) approved by the City Manager and licensed by the state of
Florida to engage in business of writing of insurance. The City shall be named on the
foregoing insurance policies as"additional insured." The Permittee shall cause its insurance
carriers to furnish insurance certificates and endorsements specifying the types and amounts
of coverage and effect pursuant hereto, the expiration date on such policies, and the
statement that no insurance under such policies will be cancelled without thirty (30) days
prior written notice to the City in compliance with other provisions of this Agreement. The
Permittee shall be solely responsible to pay any deductible, if any, relating to any claim made
Page 7 of 9
against the insurance coverages and policies provided under this Agreement. If the City has
any objection to the coverage af�'orded by or other provision of the insurance required to be
purchased and maintained by the Permittee in accordance with this paragraph on the basis
of its not complying with the Agreement, the City shall notify the Permittee in writing
thereof within thirty (30) days of the date of deliver of such certificates and endorsements to
the City. For all activities and services permitted and occurring under this Agreement,
including any and all activities and services provided and performed by Permittee and by
authorized participants of the Special Event, the Permittee shall continuously maintain such
insurance in the amount, type, and quality as required by this paragraph.
10.0 Indemnification and Hold Harmless. For all activities and services permitted and
occurring under this Agreement, including any and all activities and services provided and
performed by Permittee and by authorized participants of the Special Event, the Permittee
agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its
employees, officers, and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees),
which directly or indirectly arises out of, or results from any act or failure to act of Permittee
or any person authorized by Permittee to participate in the Special Event which in any way
is related to Permittee's obligations under this Agreement, and/or the services and activities
provided and performed under this Agreement.
The indemnification provided above shall obligate the Permittee to defend at its own expense
or to provide for such defense, at the option of the City, as the case may be, of any and all
claims of liability and all suits and actions of every name and description that may be brought
against the City or its employees, officers, and attomeys which may arise or result from this
Agreement. In all events the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this
indemnification provided herein. This section shall survive termination of this Agreement.
11.0 Standard of Care. In gerforming its activities and services hereunder, the Permittee will
use that degree of care and skill ordinarily exercised, under similar circumstances by
reputable members of its profession practicing in the same or similar locality. Permittee shall
protect the public and property from any safety hazards directly or indirectly resulting from
the Special Event and the authorized participants thereto.
12.0 Termination. By written notice to Permittee, the City shall have the right to cancel the
Special Event and this Agreement at any time, without penalty, provided if the Special Event
is cancelled through no fault of the Permittee, the City shall refund the $3,000.00 fee paid
under this Agreement.
13.0 Term. The term of this Agreement shall commence upon full execution of this Agreement
by the parties and end at such time Permittee has fully performed all the services required by
this Agreement to the complete satisfaction of the City.
Page 8 of 9
14.0 Permittee's Signatory. The undersigned person executing this Agreement on behalf of
Permittee hereby represents and warrants that he has the full authority to sign said Agreement
for Permittee and to fully bind Permittee to the terms and conditions set forth in this
Agreement.
IN VVITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year written above.
CITY: PERMITTEE:
CITY (� WIN3'�R SPRI�iG5, FLORIDA SCOTTISH AMERICAN SOCIETY
_ � OF CENTRAI, ORIDA, Il�1C.
�
`'�
By. _ !✓ � BY. .
Ron McLexnore; Cit , anager Peter Linnenkamp, President
Date: �t' �° 3 � o , 2003 Date: DCT�BE�- `�,(�i , 2003
Page 9 of 9
RESOLLTTION NUMBER 2002-31
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING
THE FEES TO BE PAID BY INDIVIDUALS OR GROUPS OF YOUTH AND ADULT
ACTIVTTIES FOR THE EXCLUSIVE USE OF FIELDS LOCATED AT CENTRAL
WINDS PARK, TROTWOOD PARK, TORCASO PARK, AND SUNSHINE PARK
PROVIDING FOR CONFLICT AND EFFECTIVE DATES.
WHEREAS, the City Commission of the City of Winter Springs, Florida,
has found it necessary to periodically review its fee schedules pertaining to activities and facilities within
the City; and,
WHEREAS, the City Commission of the City of Winter Springs, Florida has adopted Ordinance
Number 635-A, Resolution Number 701, and Resolution Number 2000-20 establishing fees and charges;
and,
WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that is
needs to implement a new fee schedule.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA THAT:
SECTION I: The following fee schedule pertaining to activities and facilities is
Adopted as the official fee schedule for individuals, groups, youth and adults at Central Winds Park,
Trotwood Park, Torcaso Park, and Sunshine Park:
BasebalUSoftball prior to S:OOpm $38.00 2 Hour Use
BasebalUSoftball after S:OOpm $52.00 2 Hour Use
Soccer/Football prior to S:OOpm $38.00 2 Hour Use
Soccer/Football after S:OOpm $52.00 2 Hour Use
All rentals are based on a 2 hour minimum.
The game field and practice field rental fees do not apply to those organizations that have entered into
Recreational Program Agreements with the City. Those Agreements provide for financial compensation
to the City.
PARKS AND RECREATION DEPARTMENT CONDUCTED ADULT SOFTBALL, FLAG
FOOTBALL AND BASKETBALL:
Each Team Per Game $32.00
Non-resident Per Player $ 5.00
City of Winter Springs
Resolution No. 2002-31
Page 1 of 2
The team fees per game do not apply to those organizations that have entered into Recreational Progam
Agreements with the City. T'hose Agreements provide for financial compensadon to the City.
SECTION II: All basebalUsoftball fields and soccer fields at Central Winds Park shall be used
only for team games and not for practices. The amphitheater area of Central Winds Pazk shall not be used
for basebalUsoftball, soccer, football, or any other organized team games or practices.
SECTION III: The following fee schedule for "unscheduled permitted use and non-use" of
athletic baseball, softball, soccer, youth user organizations and groups was previously adopted by
Ordinance No. 635-A and are hereby restated for convenience:
BasebalUSoftball prior to S:OOpm $34.00 2 Hour Use
BasebalUSoftball after S:OOpm $48.00 2 Hour Use
Soccer/Football prior to S:OOpm $38.00 2 Hour Use
Soccer/Football after S:OOpm $52.00 2 Hour Use
If and when a City employee must extend their work schedule to accommodate an unscheduled use of
facility. A staff labor service charge is adopted at being $8.00 per hour for part-time employees and
$12.00 per hour for full-time employees for every hour or fraction thereof.
SECTION IV: This Resolution shall remain in force and effect until supplemented, amended,
repealed or otherwise altered.
SECTION V: All Resolutions or parts of Resolutions in contlict with this Resolution are hereby
repealed. Nothing contained herein is intended to amend, modify, or repeal any provision contained in
Ordinance No. 635-A.
SECTION VI: This Resolution shall take immediate effect upon adoption.
Passed and adopted this 23rd day of ber , 2pp2.
CIT O �S, FI.ORIDA
PAUL P. PARTYKA, P YOR
ATTEST:
� ;,
�
�� ,�
Andrea - uaces
City er
City of Winter Springs
Resolution No. 2002-31
Page 2 of 2
V
�
z aCl 1 OS S All Include Lights with 2 hr minimum
�, -- ---�---- _ __..__ - . --- __ _ —_ _. __ _ —_ � ____ _. _ __ _. _ __-- -_ _. _. �_.__ _
� '
_-- —_ _.____� _. _�._ _._ _-- ---
--- - _ _ _. _ .--_ .
-- -
H Or anization __ , Ballfields � Soccer
_ __� _ � - -- ----___ ___ _ ____ __ _ _ _ - � � --- _ __ _
� _._ _. _ __ , __ � ____ ��
_ _-- - --_ _ _ .
_--- $40 - - -- - $40
. �
Citv of Maitland before 5Pm i
_ _ _�_ __ _- ___ _
- _ — --
_--__ ----__
p $60_ _$60 _ _ _
after 5 m
_ ..__ _.— _.__ _ __.._ —. _ _ --_ --.- - _ __._ --- . _
_ --- - _ _ ____ _ - ---___ _ .
�_ —_.. ___._ ___.. -- __- -{--- _ __..—_. __ '
_ ._—_ _ _ _ . _. _
Clty O OVI@d0 before 5 pm $30 n one
. _ __-_ _ _ -.
_ _ ___
------
__ __
_ ___ _ ' after 5pm �60 , f1011@
i
.—. . _ _ f �_ _---- --- --
- - . . _ _._. �. _.__._ _
_ __ — ___ --._. .� ___..
_._ --_ ___ _ ._ .__..
Citv of Winter Park befo�e 5pm_
_ __ ___ __ ___- ____ -$36 ___ _ $36 �
__. ___.
__ _ _ _ __ _--_ __ _ _ _ __
after 5pm _$56 , __�. . $ --
_..— _ .� __ -- .� _ -- �_. .. ~ �
_ _ __. _ _ _ _ _ __—_ _ ---__ __ ,_ __
_-- _ __ _--_ _ ___ _ '----- _.. _.
City of Altamonte Sprinqs � �fo�e spm $30 n/a
_ _ _ _� _ __- - - -_ -- -- ------- ; --- P - __� _ $50 _
-- _ ____
� after 5 m fl/8
— _ _--- --- --_ ____. _. _. _ -- L
_— . __— . _�_ _..._.__ ----.. _.._ _ _ --- _
. _ _ _ ' ---- _ .. _—_ _
S@�'1'11C10�@ COl1C1tY before 5pm ±
$30 -- __� $30 _
— _-_ _. _ - -
--_ _ _ _ __. _ - -
T _ . after 5pm --- � $4� � _ I... $40 _ _
-- __ _ _ _ -- - _ _-- _ . _ .—. i _._ _.^...
— _ ---. _ __—. _._ ___ .__
Slvan Park __ _. _ aefo�e-5Pm -- _ _ _n/a ._ _ _ _.-- __ $40 -------
----. _ _ _ __. ___ __ __ - _ _ -------- - ------ -- _ _ _
after 5pm _---- fl/8 _ �4$
---.—_ —
----__--- _ �_ __ ______ __ --_.__ _.—_ _—_._ ---- -.__.. _. ____.� —__ _ _.__ __ ___---,,---
— _ ___._ � �.. __— _--- ; - - --
City of�Sanford $50 ' �� none
_— _---- _.__ ___ _ -- - - --__ .-- �-- _ _ _ _ ._. _ - . __
-- — _ _- --- _ ---- _ __ _ __ __ __ _— . _.—_ ---------
_ _
City of Winter Sprinqs_ _ _ cuRe�t �5 __ __ W�o i�9nts _ _ _ $2 6 $30
__ _ ---- . --
n9nts $4 $44
_-- .—_ _
___ _-.
- -- ..
�. ____. _ _�. �_. .� _.__.. __ __. _.-- -. _ __ . __ _ ' _ -- ___ __ ----- .
Ci of Winter Sprinqs � Proposed Fees before 5pm
�fiL, �@_ _ _ _ -_ $38 $38
--- _ __ ____- - -- .
_.-
after spm $52 __ _ ._._ _ __.-$52 _ _
ATTACHMENT �k3
RESOLUTION NUMBER 2000-20
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING
THE FEES TO BE PAID BY INDIVIDUALS OR GROUPS OF YOUTH AND ADULT
ACTIVITIES FOR THE EXCLUSIVE USE OF FIELDS LOCATED AT CENTRAI,
WINDS PARK, TROTWOOD PARK, SUNSHINE PARK, AND GRIZZLY FIELD
(PERC POND) PROVIDING FOR CONFLICT AND EFFECTIVE DATES.
WHEREAS, the City Commission of the City of Winter Springs, Florida,
has found it necessary to periodically review its fee schedules pertaining to activities and facilities within
the City; and,
WHEREAS, the City Commission of the City of Winter Springs, Florida has adopted Ordinance
Number 635-A and Resolution Number 701 estab(ishing fees and charges; and,
WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that is
needs to implement a new fee schedule.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA THAT:
SECTION I: "rhe following fee schedule pertaining to activities and facilities is
Adopted as the official fee schedule for individuals, groups, youth and adults at Cen�al Winds Park,
Trotwood Park and Sunshine Park and Grizzly Field (perc pond):
GAME FIELD RENTALS: PRACTICE FIELD RENTALS:
BasebalUSoftball without lights per hour $13.00 BasebalUSoftball per hour $10.00
BaseballlSoftball with lights per hour $20.00 Soccer/Football per hour $10.00
Soccer without lights per hour $15.00
Soccer with lights per hoar $22.00
All rentals are based on a 2 hour minimum.
The game field and practice field rental fees do not apply to those organizations that have entered into
Recreational Progr�am Agreements with the City. Those Agreements provide for financial compensation
to the City.
PARKS AND RECREATION DEPARTMENT CONDUCTED ADULT SOFTBALL, FLAG
FOOTBALL AND BASKETBALL:
Each Team Per Game $32.00
Non-resident Per Player S 5.00
City of Winter Springs
Resolution No. 2000-20
Page t of 2
The team fees per game do not apply to those organizations that have entered into Recreational Program
Agreements with the City. Those Agreements provide for financial compensation to the City.
SECTION II: All basebalUsoftball fields and soccer fields at Central Winds Pazk shall be used
only for team games and not for practices. The amphitheater area of Central Winds Paric shall not be used
for basebalUsoftball, soccer, football, or any other organized team garrtes or practices.
SEC'fION III: The following fee schedule for "unscheduled permitted use and non-use" of
athletic baseball, softball, soccer, youth user organizations and groups was previously adopted by
Ordinance No. 635-A and are hereby restated for convenience:
BasebalVSoftball prior to S:OOpm $34.OQ 2 Hour Use
BasebalUSoftball after S:OOpm $48.00 2 Hour Use
Soccer/Football prior to S:OOpm $38.00 2 Hour Use
Soccer/Football after S:OOpm $52.00 2 Hour Use
If and when a City employee must extend their work schedule to accommodate an unscheduled use of
facility. A staff labor service charge is adopted at being $8.00 per hour for part-time employees and
$12.00 per hour for full-time employees for every hour or fraction thereof.
SECTION IV: This Resolution shall remain in force and effect until supplemented, amended,
repealed or othenvise altered.
SECTION V: All Resolutions or parts of Resolutions in conflict with this Resolution are hereby
repealed. Nothing contained herein is intended to amend, modify, or repeal any provision contained in
Ordinance No. 635-A.
SECTION VI: This Resolution shall take immediate effect upon adoption.
Passed and adopted this lOth ��,. „F July , 2000.
CIT OF FLORIDA
6c,
PALIL P. PA.RTYKA, OR
ATTEST:
r
h
Andrea Lorenzo- ces
City Clerk
Ciry of Winter Springs
Resolution No. 2000-20
Page 2 of 2
,..��;,
ATTACI�IENT iE 4
ORDINANCE NO. 635-a
AN ORDINANCE OF THE CITY OF WINTER SPRIlYGS, FLORIDA
ESTABLISHING THE FEES AND ASSOCIATED LABOR CHARGES TO BE
PAID BY COMMUNITY SERVING YOUTH USER ORGANIZATIONS AND
GROUPS WHICH USE CTTY ATHLETIC FACILI'TIES ON A PRESCHEDULED
AND APPROVED BASIS AND DO NOT APPEAR FOR PREVIpUSLY
APPROVED SCHEDULED GAMES OR APPEAR TO PLAY WHEN A GA1�IE
WAS NOT PREVIOUSLY SCHEDULED OR APPROVED; PROVIDING FOR
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida has found it
necessary to periodically review its fee schedules pertaining to activities, facility use and labor
services within the City; and
WHEREAS, the City Commission of the City of Winter Springs, Florida has determined
that it needs to establish those fees to be paid by organizations or groups for the "use or non use"
of athletic facilities and any additional labor charges.
NOW THEREFORE, BE TT ORDAINED BY THE CITY CONII�QSSION OF THE
CITY OF WI�i 1TER SPRINGS, FLORIDA, THAT:
SF.('TiON I- The Fee Schedule for "unscheduled permitted use and non-use" of athletic
baseball and softball facilities for youth user organizations and groups is hereby adopted as
being thirty-four dollars ($34.00) per field prior to S:OOpm and forty-ei�ht dollars ($48.00) per
field after S:OOpm for a period of two (2) hours use.
SF,S'TInN iT- The Fee Schedule for "unsctieduled permitted use and non-use" of athletic
soccer facilities for youth user organizations and groups is hereby adopted as being thirty-ei�ht
dollars ($38.00) per field for a period of two (2) hours use.
SF.('TiOIYiTi- The Fee Schedule for staff labor service charoes will be applied if a.nd
when an employee must extend their previously set work schedule in order to accommodate an
unscheduled use of facilities is hereby adopted as being eight dollars ($8.00) per hour for part-
time employees and twelve dollars ($12.00) per hour for full time employees for each hour or
fraction of an hour.
SFS`TT(�N N- The "unscheduled permitted use and non-use" fees with any associated
(abor charges imposed to youth user organizations and groups are nonrefundable.
SF,S'TION V_ This Ordinance shall remain in force and effect until supplemented,
Ordinance No 63 �-A
Pa�e2of2
amended, repeated or otherwise altered. The amount of fees charged by the City as provided in
this Ordinance may be amended from time to time as deemed appropriate by the City by
Reso(ution of the City Commission.
SF.('TiON V7- CONFLICTS-All Ordinances or parts of ordinances in conflict herewith
being the same are hereby appealed.
SF.C.TiON V7T- TFiE CITY shall require the payment of all applicab(e State and Federal
taxes.
SFC'TiON VTI SEVERABILITY-If any section or portion of a section or subsection of
this ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate
or impair the validity, force or effect of any other section or portion of section or subsection or
part of this Ordinance.
SFCTTnN IX- EFFECTIVE DATE-This ordinance shall become effective immediate(y
upon its passage and adoption.
PASSED A.i�ID �DOPTED THIS�DAY OF , 1996.
CITY OF WIiYTER cpR�1GS, rLORIDA
AUL P. PARTYKA, R
ATTEST:
C CLERK '
FIRST READING November 11 . 1996
POSTED: November 12 , 1996
SECOND READING r1ND PUBLIC HEARING December 9, 1996
RESOLUTION NUMBER 2006-11
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, CITY COMMISSION,
GOVERNING THE USE OF CENTRAL WINDS PARK EXPANSION AREA FIELDS FOR FREE PLAY
BY THE GENERAL PUBLIC AND YOUTH SPORTS PARTNERSHIPS.
WHEREAS, the Central Winds Park Expansion Area was developed for practice and free play,
WHEREAS, the unexpected growth of youth sports partnership participants has created the need for additional
regular game play fields.
WHEREAS, the City� Commission of the City of Winter Springs, Florida has determined that the unexpected growth
in youth sports partnership participation necessitates the temporarr� use of the Central Winds Park Expansion Area Fields.
WHEREAS, The Ciry Commission of the Ciry of Winter Springs, Florida has adopted Resolution Number 2002-31
establishing fees and charges for the utilization of city parks;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA AS FOLLOWS:
SECTION I. Accept as provided herein Central Winds Park Expansion Area Fields are restricted for free play for the
general public, practice fields for youth sports partnerships, and periodic camps, clinics, and special events. All youth
sports partnership practices, camps, clinics, and special events are to be scheduled through the Parks and Recreation
Department prior to use.
SECTION II. Until such time that adequate fields can be made available to eliminate the need for youth sports
partnership activities on the expansion area of Central �'inds Park, Central Winds Park Expansion Fields may be used
for limited youth sports regular season games as follows 1) A maximum of 2 of the 4 baseball!softball fields and 2 of
the � Soccer.•'Football�'Lacrosse Fields may be used on Saturdays during the regular spring and fall season for regular
game play, 2) All y�outh partnership Saturday regular spring and fall season games must be scheduled through the
Parks and Recreation Department.
SECTION III. Youth sports partnership will be charged for the temporary use of the Centra( Winds Park Expansion
Fields in accordance with City Commission Resolution 2002-31.
SECTION IV. All activities provided for in this resolution shall be governed by Central Winds Park rules posted on the
grounds.
SECTION V. This Resolution shall remain in force and effect until supplemental, amended, repealed or othenvise
altered.
SECTION VI. All resolutions or parts of Resolutions in conflict w�ith this Resolution are hereby repealed.
SECTION VIL This Resolution shall take immediate effect upon adoption.
Passed and adopted this 13th day of February , 2006.
TY OF WINT�R SPP.INGS FLORIDA
�
�
HN BUSH, MA Ott
A ST:
A
AN A LORENZO-LUACES
� ry Clerk
' City of Winter Springs
Resolution No. 2006-1 1
Page 1 of 1
CITY OF WINTER SPRINGS
MINUTES
CITY COM�7ISSION
RGGULAR MEE"fiNG — JANUARY IQ 2000
Page 10 of I 7
The Commission discussed possible dates for the Workshop, and the consensus of the
Commission was to hold a Workshop on March 20` 2000.
C. Parks And Recreation Department
Requests The Commission Deny Safehouse Of Seminole's Request To Waive All
Fees For Soccer Field Use On Friday, Saturday, And Sunday, June 1-3, 2000, By
Safehouse Of Seminole County To Conduct A Fuodraising Soccer Tournament.
Mr. Chuck Pula, Parks and Recreation Director introduced this Agenda Item, and spoke
of the use of Central Winds Park; soccer; and fundraising events.
Ms. Michele Hickey, Executive Director of Safehouse oj Seminole: addressed the
proposed fundraising soccer tournament.
The Commission, Manager McLemore and Mr. Pula discussed use of the facilities by
other non-profit organizations; Safehouse of Seminole being a"charitable" organization;
rental of the fields; costs; maintenance; rental rates; were fees waived at a previous date
for the Rotary orgarnization; policy decisions; and fee schedules.
"I �'ANT TO MAKE A MOTION TO APPROVE THIS REQUEST ON A ONE
TIME BASIS". MOTION BY COMNIISSIO:VER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Manager McLemore asked for direction for future requests. Attorney Garganese
suggested that "If there is going to be this policy of the Commission to grant waivers to
these permit fees, I suggest that you put that in writing, and include that in your policy, so
that the next time somebody requests one, at least you have some set guidelines in which
to grant or deny".
Deputy Mayor Gennell then advised Attorney Garganese, "I suggest you draft something
and bring it back to the Commission, and they can fine tune it, or pass it, or tum it down".
Commissioner McLeod asked if Deputy Mayor Gennell was involved with the Safehouse
of Seminole organization. Deputy Mayor Gennell said, "No" - she is not involved with
the organization.
CITY OF WIN"fER SPRINGS
MINUTES
CITY COMMISSIOti
REGULAR MEFTING — JANUARY 10, 2000
Page 1 I of 1?
Commissioner McLeod suggested either a Workshop or an Agenda Item regarding a
"policy", and to put this "in writing". Discussion.
Tape 2lSide A
Depury Mayor Gennell called a recess at 8: 40 p.nt.
The meeting was called back to order at 8: �� p.m.
D. Parks And Recreation Department
Requests The City Commission To Award The Central Winds Park Concessioo
Operation To Fred's Fraoks At The Base Bid Or Alternate Bid Option, Whiche<<er
The Commission Deems Most Appropriate.
Mr. Pula addressed the Commission regarding this Agenda Item.
Commissioner Blake returned to the Comrnission Chambers at 8: 57 p. m.
Manager McLemore returned to the Comntission Chambers nt 8: 57 p.m.
Discussion ensued on industry standards; profits; and prices.
Ms. Marsha Manara, 1118 Seafarer Lane, Winter Springs, Florida: spoke of pricing;
and their use of Boar's Head products.
The Cominission discussed expenses; projected earnings; concession staffing; food
service; inventory problems; previous losses; industry standards; staffing; operations
management; differences in prices; quality of products; product comparisons; and
business operations.
COMMISSIONER BLAKE STATED, "I THINK THE RIGHT THING TO DO
HERE IS TO AWARD THEM THE CONTRACT AND TO DO IT, KEEP THE
PRICES THE SAME. WE'VE RUN ALL OF OUR OTHER OPERATIONS AT A
REVENUE NEUTRAL BASIS, OR ATTEMPTED TO. THE CITY'S POSITION, I
THINK, IN THE PAST HAS BEEN NOT TO CHARGE PRICES TO ATTEMPT
TO MAKE MONEY OFF OF PEOPLE. ALL WE TRY TO DO IS TO BREAK
EVEN AND COVER OUR COSTS, AND I THINK THE BASE BID, A TEN
PERCENT (10%) RETURN TO THE CITY IS THE WAY TO GO".
COMMISSIONER BLAKE ADDED, "THAT'S THE MOTION I WOULD
MAKE". MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McLEOD.
DISCUSSION ENSUED REGARDING PRESENT INVENTORY; AND
BACKGROUND CHECKS. COMMISSIONER McLEOD SUGGESTED THAT
AN IDENTIFICATION BADGE �'�'ITH A PICTURE AND NAME BE
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MELTING - SEPTEMBER 25, 2001
PAGE 14 OF 22
Ms. Tyjeski stated, "We have specific policies that address that issue. We're talking — a
developer comes in, they want to build a large subdivision, they can either provide some
of these Recreational Facilities or they can contribute in some other. It's mostly with
parks, because Recreational Facilities are just guidelines, it's more difficult to control that
way. But we're saying that if they want to provide some of the park facilities on their
sites they can do that. If not, they will have to I guess, meet the standard; like the City
w�ill have to have enough acreage for them to develop. The City is going to have to be
up-to-date on parks for them to develop; but they do have the choice of providing."
Mr. Pula spoke on the "Levels of Service" guidelines.
CorcYmissioner Blake stated, "What are we trying to do with this Element? Vl�'hat is our
ultimate goal? And again, this isn't a slam on you folks. I know you have been working
trying to grasp just those issues, but I'm not sure we're there yet." Ms. Tyjeski provided
the Commission with background information. Discussion ensued.
Commissioner Blake spoke of having a`Level of Service' for Passive and Active areas
and stated, "And then have in conjunction with that, a City policy on parks that would
then address either through an Ordinance or Resolution, that would then address all of
these goals of `Levels of Service' of these different types of individual Sub-Elements.
VVhether it be tennis courts - basketball courts, football fields, soccer fields, retaining that
at the local control level, which then gives us the ability to make decisions based on what
the public needs on a regular basis as opposed to having a huge Comp Plan thing, which
could do several things. It could force us to spend money when we otherwise wouldn't
desire to or the public doesn't want us to. It could force us to require a developer that has
special circumstances that would be a benefit to the City to not be able to develop
because of certain Comp Plan requirements in the Parks Element. I am just thinking of a
variety of different things where this could handcuff us and doesn't necessarily get us to
where ��e want to be."
Mr. Pula stated, "I initially looked at that prior to when we really got involved in this,
whether w�e should try to establish Active Parks and Passive Parks and `Levels of
Service' for each. Where the difficulty comes in is determining a particular Park, is it
Active or is it Passive, or is it half Active and half Passive. When you look at our Parks,
a lot of them are half Active and half Passive —`Sam Smith is a good example of that.
We've got the pine-treed area in the front, you've got the Active area with the playground
and the — then you've got the lake too. And it's like is that an Active or Passive park and
w�e've got the same thing at most of our sites. And that's where the difficulty came in
and it's like I haven't really seen how other Cities have addressed it. Traditionally
they've just arbitrarily, I think picked one."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPEGAL MEETING - SEPTEMBER 25, 2001
PAGE I S OF 22
Commissioner Blake stated, "Well isn't it also how you define Active and how you
define Passive. I mean the `Tuscawilla Green Space' I would consider it to be `Passive;'
and `Sam Smith,' I would consider that to be Active - it's clear and it's developed as
opposed to untouched like the green spaces." Ms. Tyeski stated, "And then you go to
Central Winds Park and have to start questioning the whole."
Commissioner Blake stated, "Again I don't necessarily agree with that. I think Central
Winds Park is all Active. I mean the entire park space that's there has been developed for
�ise af certain types; as opposed to say again, the `Tuscawilla Green Space' which has
been untouched, no one's done any clearing, there's been no surveying, no path building
or anything else. It's clearly a Passive..."
iv1s. i�yjeski stated, "...The City went in did some improvements so these people can go
in and do something." Commissioner Blake said, "Right, and then maybe if you want to
look at �ven a third way of creating a category called `Facilities,' and assign point values
to `Facilities.' A basketball court gets so many points; a football field gets different kind
of points; a softball field gets additional points. And your `Level of Service' is based on
a point formula. I mean what I'm talking about is maybe complex, maybe it's been done,
maybe it hasn't, I don't know. What I am concerned about here is if we're developing a
Comp Plan Element, here we may have some unintended results when we're really try�ing
to do the right things that actually keep us from being able to do the right things; or force
us to do things «�e othen�ise would not want to do." Discussion.
Board Member Gregory departed the Special Meeting at 9:18 p.m.
Board Mtinber Karr departed the Special Meeting at 9:18 p.m.
Bonr� Member Stephens departed the Special Meeting at 9: I8 p.m.
De}�uty Mayor McLeod responded, "I agree with you. I think the problem is when we
decided to get Consultants to do something, sometimes the Manager needs to come to us
and give us some directions. Or at least allow the Consultants to come and give us the
different types of ways we could go." Commissioner Blake stated, "I voiced my
concerns and that really is the best I can do on it."
Deputy Mayor McLeod referenced VI-1 and the desires of the Local Planning Agency to
add in Trotwood Park and Torcaso Park and make them Passive Recreation. He also
stated, "I think if they'd have probably gone to the table, as noted on the table — VI-1,
when you get to Torcaso, there and Trotwood they both say Active, and maybe that's
where you just should show it. Because what you're referencing here is truly just a table.
So I don't know that you want to list everyone." Deputy Mayor McLeod then said,
"Okay, but when you go to the VI-12, which is the table, then I think you need to change
the table."
CITY OF WINTER SPRINGS
MINUTES
CtTY COMMISSION
SPECIAL MEETING - SEPTEMBER 25, 20a1
PAGE 16 OF 22
Ms. Tyjeski responded, "When you look at the Recreational Facilities provided you can
see the type of Park that it would be, they have a picnic pavilion..." Mr. Pula stated,
"...Iv`o. Torcaso shouldn't be strictly Active. The only Passive — is the pond really."
Deputy Mayor McLeod asked, "How about Trotwood?" Mr. Pula stated, "Pretty much
the same thing other than that one." Deputv Mayor McLeod then said, "If that's true then
the statement they wanted you to add, some parts maybe both, then you would not add
T'rotwood or Torcaso back at that location on VI-1?" Ms. Tyjeski stated, "We were just
going to say it as an example." Deputy Mayor McLeod stated, "Don't add anymore."
Ms. Wimer then said, "But what you're saying is we wouldn't add Torcaso anyway."
Deputy Mayor McLeod said, "Correct. Nor would you add Trotwood. So you'd leave it
as it was." Ms. Tyjeski stated, "Adding examples - meaning it includes these three (3)
Parks but there may be others." Deputy Mayor McLeod read, "Some Parks may offer
both, as i� the case of Central Winds Park. They added Torcaso in there and Trotwood at
that sentence." Attorney Buak stated, "Of course their Motion was only a
recommendation." Deputy Mayor McLeod then said, "I understand, but they did take the
notation and I am just trying to make sure they get rid of the notation because that will -
to your chart."
?vlr. Pula stated, "I've got a couple other things. Based on my last Memorandum to
L.D.I., one of the recommendations I made w�as on the `Level of Service' for multi-
purpose fields. That we also include the Amphitheater area of Central Winds Park which
w�ould list us as having two (2) multi-purpose areas within Central Winds Park. And I
just wanted your thoughts on that or how you felt about that. I felt like there were two (2)
distinct areas and yet they both met that classification of a multi-purpose area. I mean
our Amphitheater area is used for special events, and we have people that come out there
and fly kites, we have people that shoot rockets off out there. I mean it's used to run
dogs out there e��en though they shouldn't, but it is — and that changed the impact, the
"Levels of Service' all through the Element which basically show as not being deficient,
until I thilik it's the year 2010 or 2020."
Mr. Pula then advised the Commission, "I did have another comment on page VI-30
regarding Policy 1.5.3, which states that `By January 2003, the City shall review the
Recreation Fee Schedule and determine if there is a need to develop a scholarship
program for low income families.' We currently have that in place. This Commission
has adopted that scholarship program. We have a criteria, we have a budget account with
money in it and we have met that and I'd just like to recommend that be changed to
`Shall maintain' like we had talked about eariier." Commissioner Blake stated, "I agree."
Deputy Mayor McLeod stated, "Okay."
Furthennore, Commissioner Blake stated, "One more thing that kind of came up this
weekend, in our old Comprehensive Plan we did have a Policy which stated `The City
���culd loo!< to provide access to Lake Jesup,' because we currently have over 1,500 feet
of la�e frontage on Lake Jesup at Central Winds Park. I noticed in the paper that, I
believe it's St. John's Water Management in coordination with Fish and Game, is looking
CITY OF WINTER SPRfNGS
MINUTES
CITY COMMISSfON
SPECIAL MEETING - SEPTEMBER 25, 2001
PAGE i7 OF 22
to clean that lake up. Should that lake again become clean, I feel confident that our
residents would really like access to that particular lake. And we may want to look at
providing an access through a fishing pier area or even possibly a boat ramp at that
location. Both of those types of facilities qualify for funding through the County's
Funding Improvement Program." Commissioner Blake added, "But again, I wouldn't
even recommend it until clean up has occurred and again it became a lake that was good
to use for fishing and those type of activities. But I felt like it should be, if not in the
Policies, it should be stated some«�here in here." Deputy Mayor McLeod added, "I don't
disagree with that because one of your statements you do have in here is your hiking,
fishing, swimming, or boating, and yet I don't know where you can launch a boat in
Winter Springs at the present time."
Deputy Mayor McLeod stated, "I would very highly myself suggest something regarding
a bua� ramp somewhere in the future, and also a pier. I think that's very important. — it's
surprising, in the last year I probably have had a dozen people ask me why at that Park
we do nct have a boat ramp at present. Well, they're able to put their boat in and go from
there and they can go out to the St. John's and up around to Sanford by water, if you
want. So it is something that we probably ought to be taking a look at and consider."
Deputy Mayor McLeod stated, "Back to the chart that the was spoke on VI-15, ��vhich is
`Inventory of Private Recreational Facilities,' I don't think you necessarily have to list
every one that's possibly here. But if there are additional ones that we're aware of, that
we definitely should take advantage of - because I think it is to your advantage and the
City's. So the ones that Mr. Brown had, if you can make sure you get those to them;
especially if there's somebody that's up there on the Board and they know that they have
in their community, a clubhouse, well, make sure that's listed."
Commissioner Blake said, "No place in here did I see mention of, as of yet officially
unnamed Yarks, but Hickory Grove, or Magnolia Park, or Wetland Park. The City o«ms
those thre�; (3) areas and they're sizable in some respects. One is six (6) acres, another is
an acre a�id a half, two (2) acres, three (3) acres, whatever it is. The other one is thirty
(30) acres or something close to that. I don't see those listed in here as well as, but I
don't know if, in fact I don't think that the other small neighborhood square Parks have
been deeded to the City as of yet; and the Town Center from the Schrimsher's. We just
have an agreement for that to happen. But those are certainly future park areas that the
City has ownership rights to and those are not insignificant. They're not listed in here."
Mr. Pula stated, "I was aware that we were in the process of purchasing them, but I
wasn't aware that we even currently have them at the present time." Commissioner
Blake said, "Hickory Grove we own. Magnolia we have, and Wetland Park we have. It's
the othei• smaller ones, the five (5) — whatever they aze, areas. Those aren't physically
located and transfened yet but we own the right to them in the future." Mr. Pula stated,
"I remember seeing that. We've got a total of thirteen (13) different parks and — twenty
(?.(') some acres total and those, the ones that we own currently, I would recommend that
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they be l�sted under `Open Space' because they currently are only open space. We do not
maintain them to any extent that I am aware of."
Commissioner Blake stated, "If we're going to go with this type of framework, we have
specific development plans for certain areas, so some of those that have already been
determined; specifically with Magnolia Park for instance. We may not have engineered
plans yet, but we know essentially what type of area that's going to be. Maybe it's still
classified as `Open Space,' I don't know. But if there is going to be an amphitheater or
whatever there, then that's something I think we should address." Discussion ensued.
Commi�sioner Blake stated, "Policy 1.1.6, the fourth bullet down, we do not have any
forests for hunting and I think we should not have in here anything about forests for
h���ting. We do not encourage hunting in the City, we do not anticipate providing
hunting in the City."
Further, �'ommissioner Blake stated, "I'm not prepared to approve this document as it is
right naw; because I am very concerned about it's format and concerned about whether or
not we have yet determined which road we want to go down."
Tape 3'Side A
Ms. Tyjeski asked the Commission, "Is there a way we can go through the points right
now that concem the Commission at this point? Like what the problems are with �vhat
you see or what?"
Commissioner Blake explained, "It's a question of which type of framework do we want
this Element to be? Do we want it to be a level of specificity where we have individual
types of uses listed with guideline level of services that we develop somehow? I mean,
�ve say now we don't like this one because we don't want to play shuffleboard, but yes
we like thts one because we like to play frisbee. I mean ho«� do «�e go through and do
that? Or �jo we want it to be, as I am leaning towards, a more general document here
with a co:npanion document that is not part of the Comp Plan. That may be put together
by Ordi:�ance or by Resolution that states what our goals are in terms of levels of service
for each of these smaller Sub-Elements."
Deputy Mayor McLeod stated, "I would tend to agree with your latter Commissiener. I
would agree that this document could be left - I do not want to see it become something
that's mandated as the L.O.S.'s I believe you said would be. I absolutely would not want
to see that. I think some of your questions are answered by the fact that every five (5)
years the survey is done. I think your question is how is that done and that's your sub
document to go with this. How that would be done, and how those questions would be
asked, aiid v��hat kind of questions those would become I take is what you're looking for.
I don't think I'd put that in this document." Discussion followed.
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Commissioner Blake stated, "But the document currently, just to make sure - the
document currently does not have mandatory `Levels of Service' for those individual
items." Deputy Mayor McLeod stated, "If we went to the L.O.S., we would then
mandate..." Commissioner Blake stated, "...It has L.O.S. in it. The question is where are
the `Levels of Service?' I mean this has guideline `Levels of Service' for the individual
sub topics, but it does have a`Level of Service' chart — VI-18, VI-17." Attorney Buak
stated, "That would be the data, but more importantly it would be Policy 1.2.1 on page
VI-28.
Commissioner Miller asked if the Parker Property would be added in. Mr. Pula stated
that it w�ould be.
Discussion ensued on the level of specificity for provisions and whether there are any
rnaiidatory provisions. Ms. Tyjeski advised the Commission that acreage of Parks is
ma�id�tory. Commissioner Blake stated, "The entire burden of provisions for
Recreational Elements is shifted to the current City population from any growth
popula�ion." Ms. Tyjeski stated, "If you have impact fees, the future population is going
to be paying for those too. I mean we're looking at the current `Level of Service' - says
that you're deficient in I think - two (2) items only." Commissioner Blake said, "No -
there is no deficiency because these are guidelines. So it's not defined as deficiency then
and you cannot deny a development permit because there is not deficiency. That's my
point."
Ms. Tyjeski stated, "That's right. You're right. By having them as guidelines you're not
forcing the City to provide one (1) field, one (1) court. But you are letting the City know
that you should be providing these. That — you're going to have some money coming
from the State — for a Park. Where should you spend that money, on a Tennis Court or a
Soccer Field?" Commissioner Blake asked, "And does that type of analysis belong in the
Comp Plan?" "I think it does," stated Ms. Tyjeski. Commissioner Blake said, "And I
can understand why you can make an argument that it does. But if you take that a step
further anrl look at the Comp Plan as the right kind of tool, which is to help you as a
plannin� organization or as a goveming organization to manage growth and encourage
the right kind of growth and discourage what policy might suggest as the wrong kind of
gro��vth, then it may be that it doesn't necessarily belong there. Perhaps that's a separate
type of document that you can use in a freer world, than you can under the guidelines of
Comprehensive Plans."
Ms. Tyjeski stated, "Use the Parks and Recreation Master Plan. If you do a Parks and
Recreation Master Plan you're going to look at — tennis courts, maybe in two (2) years
�i�e should add another one (1) next to it. You go to that level of — and that's where you
come up �uith the prototype of each park." Commissioner Blake stated, "Exactly, and
maybe that's ���here I am trying to get to." Discussion.
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Commis��oner Blake said, "And my feeling is that this Element ought to stay - required
`Levels of Service' for Passive park land, required `Levels of Service' for Active park
land. And that there should be companion document, if you want to call it a`Parks and
Recreation Master Plan,' I think that's a great title for it; that denotes the City's goals and
objectives for the development of `Levels of Service' for each of these sub categones.
How� many football fields, how many baseball fields, whatever." Ms. Tyjeski said,
"You'll have to start by doing the survey..." Commissioner Blake stated, "...Exactly,
thank you. But I see them as two (2) related but separate documents. That gives us the
concurrency `Levels of Service' that we can use with teeth to implement developmental
decisions, growth related decisions, require payments, require contributions of Park
Facilities or park land, or whatever have you. And it gives us the Master Plan as a
management tool to decide with our limited resources, here's where we need to work;
here's wr�ere we need to find Grants. Here's the kind of facilities we need to develop
wl:ich is s�parate and aside from the Growth Management issue. For me, that's the kind
of do�,ument or documents I think I want to see."
Discu�siun developed regarding Impact Fee calculations. Attomey Buak said, "You
could require a policy that would direct the City to put together a`Master Recreation
Plan,' and then that document would be more flexible in the sense that it'd be changed.
That might be a way to go. So, you'd still have a policy, you'd still have an Objective
and Policy within the Comp Plan providing for Recreational Facilities, but it would be
more basic than providing the exact types of facilities. It wou(d be providing a policy
that a plan would be implemented and maintained and that plan could be adjusted." Ms.
Tvjeski asked, "Would the City consider establishing an Impact Fee for Recreation?"
Discussion followed.
Commissioner Blake stated, "What I am looking for is a way to utilize this as a tool for
us to help us get to where we want to be, as opposed to handcuff scores which keeps us
from free decision making if you will, but have the flexibility that I think we need. And
the way this could be done is if we have the requirement in here for those tt�vo (2) types,
or ma fbe it's three (3) types of `Level of Service.' One (1) for Passive, one (1) for
Active, arid one (1) for Facilities and they have to meet each of those criteria. And an
Impact .F�ee is developed to provide their appropriate shaze of Passive space at a certain
dollar amount per capita; and Active space at a certain cost per capita; and Facilities
space at a certain cost per capita. Then it's a formula that could provide all those three
(3) types of infrastructure in the Recreational Element to pay for the growth. And that's
what I am primarily concerned with throughout this document, is to make sure that we
encourage growth, that we make sure that growth doesn't erode the Facilities that
everybody who already here has, and to make sure that it is paid for by the appropriate
party." Discussion followed.
Deputy Mayor McLeod stated, "I am looking for a Motion on this Element."
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Commiss:oner Blake added, "My first feeling is I would like to have Staff re-work this,
or to at least give the comments of the evening consideration. And give them time to
think about it and bring it back to us with — their best judgement based on the discussion
this evening. It may come back exactly as it is right now and they'll say why and that
will be okay. Or they may decide to change it and go a different route and say why and
that will be okay too. Whatever they bring back, I want to be defensible and say we
considered your input and here's the best way to go and here's why. In other words, I am
not trying to write this document. I'd like to give it to them to do, but based on our input,
come back with w-hat they feel is the best answer available."
Deputy Mayor McLeod said, "I personally don't disagree that this probably should be in
two (2) Elements. I'd be willing to look at this and have you look at it and bring it back
to us, decide which way to go with it."
Commissioner Miller stated, "I also have some questions about this alternate way of
approaching it. However, I think we're going to have to just move on here this evening
and adjanrn."
"MOTION TO ADJOURN." MOTION BY COMMISSIONER MILLER.
MOTION DIED FOR LACK OF A SECOND.
Deputy Mayor McLeod said to Commissioner Miller, "Do we want them to look at what
was just discussed this evening, over the last hour and a half, and then come back to us
���hether it's left like or it's subdivided. I think that's the question. Me, personally would
be to tell you to go look at it, bring it back to us after you reviewing it, and then define to
us your reasoning and I think that gives them some direction." Commissioner Blake
stated, "That would be my direction as well. Not prescribing how it should come back,
but asking you to take the input from this evening and make a decision based on that."
Commissioner Miller asked Ms. Tyjeski, "Is that clear to you?" Ms. Tyjeski responded,
"1'es."
Ueputy Mayor McLeod asked, "Do you agree to that? Okay, in other words we all agree
to it. Uc you want to make that as a Motion?" Commissioner Miller stated, "I just don't
want to see it completely change. We're talking about some portions of it being..."
Commissioner Blake stated, "...It's a framework issue." Deputy Mayor McLeod said, "I
don't think all the verbiage is totally changed in here. I think it's where it's located,
Commissioner. Would you like to make a Motion on that so that we can put it on
record?"
"I'LL MAKE THAT MOTION." MOTION BY COMMISSIONER BLAKE.
SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION.
C1TY OF WfNTER SPRINGS
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REGULAR MEETMG - MARCH 24, 2003
PAGE 9 OF 30
No one spoke.
The "Public Input " portion of this Agenda Item was closed.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE THIS ITEM."
MOTION BY CONiMISSIONER MARTINEZ. SECONDED BY DEPUTY
MAYOR MILLER DISCUSSION.
MANAGER McLEMORE STATED, "YOU HAVE AN ATTACHMENT `C' —
WHICH IS AN INFORMATIONAL REPORT BACK TO YOU BASED ON
ISSUES RAISED. WE DON'T INTEND TO TRY TO DEAL WITH THESE
ISSUES TONIGHT; WE'LL SET THAT FOR A FUTURE AGENDA DEALING
WITH THE FENCE/WALL ISSUE THAT WAS BROUGHT UP."
FURTHERMORE, MANAGER McLEMORE STATED, "WE WILL BRING
BACK THIS WALL ISSUE TO YOU AND LET YOU MAKE THE DECISIONS
HOW YOU WANT TO PURSUE THAT."
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINCS
16. B. Office Of The City Manager
Requesting The City Commission To Approve The First Reading Of Ordinaoce
Number 2003-04, Repealing Certain Secdons Of Chapter Nine (9) Of The City Code
Related To Impact Fees, Amending Police And Fire Impact Fees, And Establishing
A New Parks Impact Fee.
Mayor Bush stated, "Could I have a Motion to read by `Title' only?"
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
DEPUTY MAYOR MILLER. DISCUSSION FOLLOWED ON POSSIBLY
READING THE ENTIRE ORDINANCE.
MAYOR BUSH STATED, "WE DO NEED A MOTION TO BRING THIS OFF
THE TABLE."
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PAGE 10 OF 30
"SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY
DEPUTY MAYOR MILLER. DISCUSSION.
VOTE: (ON THE MOTION TO TAKE OFF THE TABLE)
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Commissioner Blake stated, "Point of Order" and said the Motion to read by "Title"
only was out of order because it was still on the Table.
Mayor Bush said, "That is true." Mayor Bush then stated, "Could I have a Motion on this
Item to read by `Title' only?"
Commissioner Martinez stated, "Point of Order" and spoke of being stopped.
Mayor Bush stated, "Can I have a Motion to read this by `Title' only?"
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
Tape 2fSide A
Discussion.
Deputy Mayor Miller left the dais at 8: 07 p.m.
Commissioner Martinez said, "Point of Order " and commented on rhe pending Vote.
VOTE:
COM.MISSIONER McGINNIS: AYE
Depury Mayor Miller returned to the dais at 8:10 p,m,
COMNIISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
CfTY OF WINTER SPRINGS
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PAGE 11 OF 30
Attorney Garganese read Ordinance 2003-04 by "Title" only.
Mr. Marc Stehli, Director of Civil Engineering, Land Design Innovations Incorporated,
140 North Orlando Avenue, Suite 295, Winter Park, Florida: addressed the City
Commission on this issue.
Discussion.
Mayor Bush opened the "Public Input " portion of this Agenda Item.
Ms. Brenda Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke in favor of
Impact Fees being the same rate.
The "Public Input " portion of this Agenda Item was closed.
Much discussion.
"MOTION TO MOVE THIS TO SECOND READING." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR NIILLER: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER McLEOD: NAY
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
17. C. Community Development Department
Presents To The City Commission A Request To Hold A Joint Public Hearing With
The Board Of Adjustment To Consider A Conditional Use To Allow Multiple
Family Dwellings In The C-1 (Neighborhood Commercial) Zoning District,
Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of
Ordinances.
Discussion ensued on this process and the urgency for this Agenda Item.
Tape 2/Side B