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HomeMy WebLinkAbout_2004 09 20 City Commission Regular 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, present 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 Michael 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. I suggest we go back." Mayor Bush then said, "Bring this up, either under the Manager's or one of our Seats." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 2 OF 28 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, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2004-2005 For The City Of Winter Springs At 5.3000 Mills Which Is 30.0167% Above The Rolled-Back Rate Of 4.0764 Mills And The Tentative Voted Debt Service Millage 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 you 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, "I 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 MILLAGE WHERE IT IS UNTIL WE GET THE MANAGER'S BREAKDOWN 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." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 3 OF 28 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Office Of The City Manager 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 of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of 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-I 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 there, 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." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13. 2004) PAGE 4 OF 28 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 2ih" [of September]. Discussion. Commissioner McLeod said to Manager McLemore, "I think we need to see both columns side by side as the issues you talked about - with 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." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 5 OF 28 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 that if the employee is denied, that they are requesting $7,000.00 in outside Services'." Manager McLemore 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 MA YOR MILLER. DISCUSSION. 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. J. Gary Horner, 1109 Winter Springs Boulevard, Winter Springs, Florida: showed some photographs of a portion of his property affected by storm debris, and requested assistance. Much discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13, 2004) PAGE 6 OF 28 Commissioner Gilmore spoke of several different situations and noted a problem on Deer Run, then added, "I would like to propose at least we 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 Winged Foot Circle East, Winter Springs, Florida: spoke of trash in Country Club Village which has not yet been picked up. Manager McLemore said, "I will be happy to look at this and if they missed you." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Fire Chief KellyCo Metal Detector And Water Garden Center Is Presenting To The Fire Department A Firefighter Statue For Recognition Of Service 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, LieutenantlParamedic Corey Green; Firefighter/Paramedic Jim Padgett; Firefighter/EMT Dan Polar; and Engineer/EMT Josh Pando." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 7 OF 28 Furthermore, Mr. Auerbach complimented Fire Department personnel LieutenantlParamedic Steve Molnar; FirefighterlParamedic Jim Padgett; Firefighter/EMT Dan Polar; and Engineer/EMT Josh Pando, and Engineer/EMT Michael Summers." Lastly, Mr. Auerbach stated, "I 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. We 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; EngineerlEMT Josh Pando, Firefighter/Paramedic Jim Padgett; and Lieutenant /Paramedic Corey Green; AWARDS AND PRESENTATIONS 101. Office Of The Mayor Issuing A Proclamation In Honor Of "Constitution Week". This Item was not discussed. AWARDS AND PRESENTATIONS 102. Office Of The Mayor Issuing A Proclamation In Honor 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 Winter Springs, Florida, Expressing Appreciation To Gary Diller For His Service On The Board of Adjustment. This Agenda Item was not discussed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13.2004) PAGE 8 OF 28 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 Winds Park And Direct Staff To Come Back With An Agreement. This Agenda Item was not discussed. CONSENT 204. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For The Winter Springs Town Center. No discussion. CONSENT 205. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For State Road 434 Rights-Of-Way, Medians, And Ponds. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 9 OF 28 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 DEPUTY 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 CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Sally McGinnis noted, "Villagewalk - wasn't mentioned on [Informational] Item '300'. Can we get an update on that?" Mr. Lockcuff said, "Next Meeting. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 10 OF 28 INFORMATIONAL 301. Public Works Department - Urban Beautification Division Requesting The Commission Review Plans For Landscape Improvements To The George Street Greenbelt Areas. Deputy Mayor Miller stated, "I would like the City Manager to bring back [Informational] 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, "I 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, "I am just curious about 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. INFORMATIONAL 303. Information Services Department Wishes To Update The Commission On The Status Of The LT. [Information Technology] 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 MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER \3.2004) PAGE 11 OF 28 PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 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, AS LA, Senior Planner, Community Development Department asked that this be postponed. Mayor Bush summarized, "This Item 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 Miller left the dais at 8:15 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 (VOICE VOTE AUDIBLE TO COMMISSIONER BLAKE, MEMBERS OF THE CITY COMMISSION, AND THE CITY CLERK) COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by 'Title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13, 2004) PAGE 12 OF 28 Deputy Mayor Miller returned to the dais at 8:19 p.m. Discussion. Attorney Garganese said, This Ordinance "Streamlines the process - it is a hierarchy. The Commission would 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 Article, 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 I just 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 ilQl - firearms, stated, "I 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 narrowly 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" portion of the Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 13 OF 28 "I MOVE THAT WE PASS ORDINANCE 2004-44 WHICH 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 TIMES, AND I DON'T THINK THAT THIS WOULD AT ALL BE A SIGNIFICANT CHANGE, BECAUSE IT WOULD 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 WE APPROVE THE CRISTIANO'S SIGN ON BOTH SIDES OF THE BUILDING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20. 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 14 OF 28 REGULAR 501. Community Development Department Requests That The City Commission Consider Temporary Sign age 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 Mr. Baker, and discussion ensued on whether a Banner Sign was already hanging. "MOTION TO APPROVE THE BANNER SIGN - ONLY." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: 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 discussion. "MOVE FOR APPROVAL - SUBJECT TO THE ATTORNEY'S COMMENTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. 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 The 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 permits 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, I think this Commission probably could reconsider the matter at that time; even ifit is approving the Special Exception again, if that had to be done." "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS : AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 504. Community Development Department 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 ofvehic1es having to possibly make a U-turn. Tape 2/Side B Discussion. Mr. Albert E. Ford II, Esquire, Ford and Brueggeman, P.A., 270 Waymont Court, Suite 100, Lake Mary, Florida: addressed the City Commission and introduced his colleagues involved with this proposed project. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION 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 just is not 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 Delgado, Castlerock Construction Company, 1632 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 'EFIS' - 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 what 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 would 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 artificial or faux windows there on the right hand side?" With further discussion, Commissioner Blake stated, "So that means if you're driving down [State Road] 434 from up here, driving down, that you are going to see a brick wall and the half a brick wall here. There will 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 drive-thru apparatus..." Mr. Delgado stated, "" . Correct - plus landscaping. And we could also do some - possibly put some urban streetscape back here to - soften up that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 17 OF 28 Furthermore, Commissioner Blake stated, "I don't see a door to that restroom either. If it is accessible from the outside, you would 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, "I 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 corner, 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 McLeod suggested, "One of the roofs you might look at is a copper penny look." Commissioner McGinnis added, "I like that." Additionally, Commissioner McLeod noted, "I 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 then asked, "What is the exterior of it?" Mr. Delgado responded, "We're proposing to face it in brick and 'EFIS' - similar to the building." Then, Commissioner Gilmore asked, "Is 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." Mr. Delgado noted, "I understand your concern, and it's something I'd have to go look at the 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. " 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 McLeod 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 building two (2) walls, the outside wall, and then building a wall for the Cooler, you may 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 wall around it." Mayor Bush suggested, "I think one of things that would help when it comes back is that you would have Artist's Renderings of the different sides of the building." Mr. Thomas H. Skeleton, P.E., American Civil Engineers, Inc., 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 McLeod 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, "Y ou 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 corner 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, Commissioner McLeod suggested, "If possible, you slope this roof back this way." Mayor Bush called a Recess at 9:36 p.m. Tape 3/Side A The Meeting reconvened at 9:48 p.m. 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13.2004) PAGE 19 OF 28 "I MAKE A MOTION THAT WE ADOPT THE RESOLUTION WITH 'OPTION !'." MOTION BY DEPUTY MAYOR 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 TO HAVE 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 COMMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER GILMORE: AYE 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. 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 WE ACCEPT - THE PROPOSED FIVE DOLLARS ($5.00), TEN DOLLARS ($10.00), FIFTEEN DOLLARS ($15.00) PER DIEM WITH - WHATEVER THE FEDERAL GOVERNMENT'S RATE IS, WHICH 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 1 ST, 2004?" MAYOR BUSH STATED, "IT WILL BE EFFECTIVE TOMORROW." VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR 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, 1002 Taproot Drive, Winter Springs, Florida: commented on the results of the recent Oak Forest Straw Ballot. Discussion. Mr. Marshall Allen, 1065 Winter Springs Boulevard, Winter Springs, Florida: spoke in favor of the proposed Assessment. Discussion. Commissioner McLeod spoke for the record that he was in favor of this proposed Assessment. Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 21 OF 28 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. 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 Winter Springs Automotive Site And Generally North Of Tuskawilla Trails. Commissioner McLeod stated, "I must abstain." Mr. Baker presented this Agenda Item. Discussion followed on a proposed Referendum, and Commissioner Blake asked Attorney Garganese, "What is the planned timing for that?" Attorney Garganese noted, "Y ou 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 Discussion. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: commented on this project and stated, "Currently, there is 103 guest parking spaces for 170 units. Each unit has a two (2) car garage." Mr. 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." 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 rooflines; there are three (3) story units, big hip roofs - which actually could go four (4) stories with bonus rooms underneath the roof." Furthermore, Mr. Corkery mentioned, "They well exceed - two and half (2 1/2) parking spaces per unit." Attorney Garganese spoke for record about a requested Waiver of Development Agreement Fees and noted, "Staffs position was 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 Center." Commissioner Blake added, "And that is a Policy that we have utilized across the board with other properties?" Attorney Garganese responded, "Yes. In fact the Development Agreement says that the Developer will pay all Permit Fees imposed by the City, except for the ones that I just 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 McLeod said to Manager McLemore, "I got a letter from the City that says these are the Fees that we are going to waive.' Did you go back and look at that letter?" Manager McLemore replied, "I did not." Commissioner McLeod added, "I think you should." Manager McLemore noted, "As I explained in our meeting, I 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 MAKE A MOTION THAT WE APPROVE THIS ITEM, MOVING FORWARD, SUBJECT TO THE ATTORNEY'S COMMENTS, RELATED TO FEES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13.2004) PAGE 23 OF 28 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: ABSTAINED MOTION CARRIED. REGULAR 509. Office Of The City Manager 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: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 510. Community Development Department - Customer Service Division Requests Direction On Emergency Ordinance Number 2004-41 By Commission On Extending The Waiver Of Arbor Permit Fees And Confirming Building Permit Fee Waiver. Ms. Max Epstein, Manager, Customer Service Division, Community Development Department spoke on this Agenda Item. Much discussion. 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, "In 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 Mr. Dennis Franklin, Building Official, Building Division Community Development Department. Commissioner McGinnis inquired of Manager McLemore, "Are you preparing to do another InformationaL.." Manager McLemore said, ".. .It's already gone." Commissioner Blake added, "Hopefully it says on there, 'Check our Website frequently for updates' . " Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE INITIATE OR RE- COMMENCE REQUIRING ARBOR PERMITS FOR ALL TREES - W AIVNG ALL ARBOR PERMIT FEES FOR ARBOR ISSUES ASSOCIATED WITH ANY OF THE THREE (3) OR FOUR (4) OR FIVE (5) HURRICANES, WHATEVER IT HAPPENS TO BE BETWEEN NOW AND DECEMBER 31 ST, 2004." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED, "MY ONLY MOTION IS TO BEGIN TO REQUIRE ARBOR PERMITS AGAIN, AS OF SEPTEMBER 15TH WHICH I UNDERST AND WAS FIVE (5) DAYS AGO, 2004, BUT CONTINUING TO WAIVE - ARBOR PERMIT FEES FOR TREES ASSOCIATED WITH ONE OF THE HURRICANES, UNTIL DECEMBER 31ST, 2004." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. Mr. Michael Mingea, ArboristJEnvironmental Inspector, Community Development Community Development Department addressed the City Commission. Commissioner McLeod asked Mr. Franklin, "Do you believe February is too far out, according to the other Cities?" Mr. 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 Permits at this point, going forward?" With discussion on informing residents, Manager McLemore said, "I am trying to get it in the next cycle of Water Bills." Discussion ensued with Mr. Mingea. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - 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 whole 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, "I make a Motion we extend the Meeting for an hour." Mayor Bush said, "We do have another Motion on the floor right now, and we need to address it." Commissioner McLeod added, "And seconded?" Mayor Bush responded, "Yes." Commissioner McLeod then said, "I think we ought to address it first." Manager McLemore noted, "I think what 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 WOULD LIKE TO AMEND THE MOTION THAT WE DO NOT - HAVE FEES UNTIL DECEMBER 31 ST [2004] FOR ANY STORM DAMAGED TREES - WE STAY THE WAY WE ARE; 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 SUMMARIZED, "NO PERMIT REQUIRED FOR STORM DAMAGED TREES." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Tape 4/Side A 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. Garganese, 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. "I WOULD LIKE TO MAKE A MOTION WE ADOPT RESOLUTION NUMBER 2004-44, AS STATED." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER 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 Manager - Ronald W. McLemore No Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore offered his thanks to the Fire Department for their assistance in transporting an Advisory Committee Member's spouse to the Hospital, and stated on behalf of the Committee Member, "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 us." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 27 OF 28 REPORTS 604. Commission Seat Four - Sally McGinnis No Report. REPORTS 605. 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?" With discussion, Commissioner McLeod added, "I would appreciate you continuing to look at that." REPORTS 606. Office Of The Mayor - John F. Bush No Report. REPORTS 607. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller noted, "I would like the City Manager on the next Agenda to put an 'Informational' Item down, and give 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 Seat Two - Michael S. Blake No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 20, 2004 (POSTPONED FROM SEPTEMBER 13,2004) PAGE 28 OF 28 AGENDA NOTE: DOCUMENTED THE FOLLOWING REPORT WAS DISCUSSED AS REPORTS REPORTS 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 our City Commission meeting with the Seminole County Commission. ADJOURNMENT Mayor Bush adjourned the Meeting at 11 :30 p.m. RESPECTFULLY SUBMITTED: ~~~~ZO-LU:CES' CMC ~LE~ """" ..~- - ....< -;:- ....--..~- ~ --- .__)fP.PROVEi5:".-~' .~ ~( . '~;:~'~Ja.. _ fl . _ '"-~~ :7( f~h " .. J 'N F. BUSH '.: ;~ ~ - .' -'~ ,,:'~~~~?~ ~. ./f /! 'lo / ;> ~..._ . . ) NOTE: These Minutes were approved at the October 11,2004 Regular City Commission Meeting. FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE McLeod, David W. City of Winter Springs City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1126 East State Road 434/645 Dunmar Circle WHICH I SERVE IS A UNIT OF: CITY COUNTY ~CITY o COUNTY o OTHER LOCAL AGENCY Winter Springs Seminole NAME OF POLITICAL SUBDMSION: City of Winter Springs DATE ON WHICH VOTE OCCURRED MY POSITION IS: September 20, 2004 ~ ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othelWise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, David W. McLeod , hereby disclose that on September 20 ,20~: (a) A measure came or will come before my agency which (check one) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: See attached excerpt related to Vote: , by , which .- - - _::7'?, .- ~ - " --:- - """"",:-' 9-zl--l)~ '..,.' - -. . -:;:. - -- - '~~. -;/. . ./ - ,~ u}Ur. ... Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES S112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2