HomeMy WebLinkAbout_2003 07 14 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
JULY 14, 2003
CALL TO ORDER
The Workshop of Monday, July 14, 2003 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).
Mayor John F. Bush, present
Deputy Mayor Robert S. Miller, absent
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner Sally McGinnis, present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, arrived at 6:32 p.m.
After a moment of silence, the Pledge of Allegiance was recited.
City Attorney Anthony A. Garganese arrived at 6:32 p.m.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
1. A. Office Of The City Manager
Presentation Of Employee Recognition Awards To City Of Winter Springs
Employees.
Mayor Bush, City Manager Ronald W. McLemore, and Members of the City
Commission presented Employee Recognition Awards to the following City of Winter
Springs employees:
5 Years Of Service:
Ms. Nuri Gibbs, Public Works/Utility Department; Ms. Debbie Gillespie, Office of the
City Clerk; Mr. Brian L. Griek, Police Department; and Mr. Jerry B. Sturdevant, Public
Works Department.
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15 Years Of Service:
Mr. David Alamina, Community Development Department, Building Division; and Mr.
Kevin Brunelle, Police Department.
.:..:. AGENDA NOTE: THE FOLLOWING RESOLUTIONS WERE
PRESENTED AT THE SAME TIME, AS DOCUMENTED. .:. .:.
AWARDS AND PRESENTATIONS
2. B. Office Of The Mayor
Presentation Of Resolution 2003-22 To Carol Fottler In Recognition Of Her Service
To The City Of Winter Springs As A Member Of The Tree (Arbor) Ordinance
Review Advisory Committee.
A WARDS AND PRESENTATIONS
3. C. Office Of The Mayor
Presentation Of Resolution 2003-23 To Darcy Meagher In Recognition Of Her
Service To The City Of Winter Springs As A Member Of The Tree (Arbor)
Ordinance Review Advisory Committee.
AWARDS AND PRESENTATIONS
4. D. Office Of The Mayor
Presentation Of Resolution 2003-24 To Brian Oliver In Recognition Of His Service
To The City Of Winter Springs As A Member Of The Tree (Arbor) Ordinance
Review Advisory Committee.
AWARDS AND PRESENTATIONS
5. E. Office Of The Mayor
Presentation Of Resolution 2003-26 To William Reischmann In Recognition Of His
Service To The City Of Winter Springs As A Member Of The Tree (Arbor)
Ordinance Review Advisory Committee.
AWARDS AND PRESENTATIONS
6. F. Office Of The Mayor
Presentation Of Resolution 2003-27 To Byron Giltz In Recognition Of His Service
To The City Of Winter Springs As A Member Of The Tree (Arbor) Ordinance
Review Advisory Committee.
Mayor Bush presented Resolutions to Ms. Carol Fottler, Ms. Darcy Meagher, Mr. Brian
Oliver, Mr. William Reischmann, and Mr. Byron Giltz in recognition of their
contributions as Members of the Tree (Arbor) Ordinance Review Advisory Committee.
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.:..:. AGENDA NOTE: THE REMAINING CERTIFICATE WAS NEXT
PRESENTED, AS DOCUMENTED. .:. .:.
AWARDS AND PRESENT A nONS
7. G. Office Of The Mayor
Presentation Of Recognition Certificate.
A "Certificate of Completion" for the 2003 Advanced Institute for Elected Municipal
Officials was presented to Commissioner Sally McGinnis by Mayor Bush.
Mayor Bush called a Recess at 6:41 p.m.
The Meeting reconvened at 6:53 p.m.
PUBLIC INPUT
Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: thanked the City
Commission for his Appointment to the Davis Properties Affordable Housing Due
Diligence Committee.
Ms. Melitta Perlangeli, 31 North 1st Court, Winter Springs, Florida: spoke about the
zoning for the proposed Dollar General store and the proposed affordable Multi-housing
development and noted that she did not think either project was suitable for this area.
Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: remarked that the
gate's near Smokey Allen's property were not attached correctly; and added that at
Winter Springs Boulevard towards the Oak Forest Drive side, the sprinklers go on twice.
Ms. Krebs asked if this could be fixed. Ms. Krebs added that the sprinklers now come on
"Sometimes before 4:00 [a.m.] and then again at 5:00 [a.m.]. Additionally, Ms. Krebs
commented on the "Unequitable distribution of ornamental vegetation along the wall at
Oak Forest." Ms. Krebs further explained that "If you look north of Trotwood
[Boulevard] - on Tuskawilla [Road], you will see nothing at the wall. If you look south
of Trotwood [Boulevard] to Oak Forest Circle, you will see a big cluster effect, and
actually you don't even get to see the wall - and then if you go south of Oak Forest
Circle, it begins to get sparse and then virtually nothing."
Mayor Bush said, "Mr. McLemore - you will get that to the Oak Forest" Wall and
Beautification District Advisory Committee? Manager McLemore stated, "I have that
noted. "
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.:..:. AGENDA NOTE: SEVERAL OF THE FOLLOWING CONSENT AGENDA
ITEMS WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER
DOCUMENTED. .:. .:.
CONSENT
CONSENT
8. A. Finance Department
Requesting The Commission Approve Resolution Number 2003-39 To Proceed With
The Non-Ad Valorem Tax Assessment For Streetlighting Within The Country Club
Village Subdivision.
Brief discussion.
CONSENT
9. B. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Execute An
Exclusive Beverage Agreement With The Pepsi Bottling Group For Concessions At
Central Winds Park.
Brief discussion.
CONSENT
10. C. Police Department
Requests The Commission To Give Approval For The Purchase Of (4) Mobil Video
Camera's, (1) Used 2001 Volkswagen Jetty, Currently Used By The School Resource
Officer At Winter Springs High School, And (1) Used 2000 Jeep Grand Cherokee
From The Special Law Enforcement Fund (State And Federal Asset Forfeitures).
CONSENT
11. D. Public Works Department
Requesting Supplemental Appropriation For The Tuscawilla Lighting And
Beautification District Maintenance Fund.
Brief discussion.
CONSENT
12. E. Utility Department
Requesting City Commission Approval To Enter Into A Contract For The
Construction Of Sewer Force Main Improvements.
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CONSENT
13. F. Office Of The Mayor
Resolution Number 2003-31, A Resolution Of The City Of Winter Springs, Florida,
Expressing Appreciation To Roy Prince For His Service As Alternate To The South
Seminole And North Orange County Wastewater Transmission Authority.
CONSENT
14. G. Office Of The City Manager
Requesting That The City Commission Authorize A Supplemental Appropriation In
The Amount Of $6,000.00 From The General Fund To Line Code 11 00-54800
(Promotional Activities) To Cover The Upcoming Expenses Needed For The August
8, 2003 Advisory Board And Committee Appreciation Dinner.
CONSENT
15. H. Office Of The City Clerk
Approval Of The June 9, 2003 City Commission Regular Meeting Minutes.
CONSENT
16. I. Office Of The City Clerk
Approval Of The June 23, 2003 City Commission Regular Meeting Minutes.
CONSENT
17. J. Public Works Department
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Services For State Road 434 Medians And Rights Of Way.
CONSENT
18. K. Public Works Department
Requesting Supplemental Appropriation For The Repairs And Maintenance Of
City Hall.
CONSENT
19. L. Parks And Recreation Department
Requesting The City Commission To Reject Bid Number RFP-013-03CP By Fred's
Franks For Concession Services And Direct Staff To Continue City Operation Of
The Concession Implementing The Consultant "Profitable Food Facilities"
Recommendations.
Mayor Bush stated, "Can I have a Motion on the Consent Agenda?"
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"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
INFORMATIONAL
INFORMATIONAL
20. A. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
INFORMATIONAL
21. B. Not Used
INFORMATIONAL
22. C. Information Services Department
Wishes To Update The Commission On The Status Of The I.T. [Information
Technology] Plan Created In FY 2002.
INFORMATIONAL
23. D. Parks And Recreation Department
Wishes To Inform The City Commission About The Senior Transportation
Program.
"MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
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PUBLIC HEARINGS
PUBLIC HEARINGS
24. A. Office Of The City Attorney
Requests The City Commission Reconsider The Carroll Property Annexation
Ordinance. [On Remand From The Circuit Court Of Seminole County, Florida,
The City Attorney Requests That The City Commission Approve On First Reading
Ordinance Number 2003-27 That Would Annex Approximately Ten (10) Acres Of
The Carroll Property ("Carroll Property").]
"MOTION TO READ ORDINANCE 2003-27 BY 'TITLE' ONLY." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Discussion.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
Mr. Curtis W Mann, 233 Carolyn Drive, Oviedo, Florida: stated that "My wife and I
own the property immediately adjoining the Carroll property to the west; Winter Springs
City Limits adjoins us on the north side and we just wanted to say we have no problems
with the annexation of the property."
Ms. Janet Mann, 233 Carolyn Drive, Oviedo, Florida: spoke from her seat and said that
she agreed.
Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: showed some personal ads
of previous city advertisements that he had saved and added that he did not agree with
advertising in the Sanford Herald.
Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: spoke of newspaper articles
and accuracy.
The "Public Input" portion of this Agenda Item was closed.
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Manager McLemore spoke for the record about previous legal actions.
"MOTION TO MOVE TO SECOND READING." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
REGULAR
REGULAR
25. A. Information Services Department
Requesting Official Authorization To Utilize The Current City Commission Office
Located In The West Wing Of City Hall For Additional Staff Office Space That Is
Needed.
With discussion, Commissioner Michael S. Blake stated, "I would ask as to whether or
not it makes sense to use that office for the IT [Information Technology] Department?
Would it make more sense to move Finance or some other Department, so the IT
[Information Technology] people would be clustered more closely together?" Manager
McLemore stated, "I think that certainly is a good statement and we will take a good look
at that."
Commissioner Edward Martinez, Jr. inquired, "Where are we going to be picking up our
mail?" Mayor Bush said, "The [City] Manager and the [City] Clerk will let everybody
know."
"I WILL MAKE A MOTION THAT WE APPROVE ITEM 'A' - ON THE
REGULAR AGENDA." MOTION BY COMMISSIONER McLEOD. SECONDED
BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
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REGULAR
26. B. Information Services Department
Wishes To Present To The Commission The New Revamped City Web Site And
Requests Approval To Move Forward With The Site Implementation Plan.
Ms. Joanne Dalka, Information Services Department Director introduced this Agenda
Item and stated, "If you approve this, we will have the site up and running live, as of
August 31st,"
Mr. Tony Palmiotti, 212 Panorama Drive, Winter Springs, Florida: presented a sample
of the City's proposed new Website.
Tape IISide B
Commissioner Blake stated, "Right there on the Home Page, the 'Weather Channel,' I
would rather we weren't advertising or using the space that advertises some other entity."
Commissioner Blake then suggested using a different source for weather information.
Mr. Palmiotti stated, "That is well noted and definitely understood."
With further comments by both Commissioner David W. McLeod and Commissioner
Blake regarding the "Weather Channel" icon, Mr. Palmiotti stated, "I think you both
agree on the same thing. I think we just don't want to advertise a commercial company."
Commissioner Blake suggested, "The 'National Weather Service' would be better -at
least then it is a governmental organization."
"I MAKE A MOTION TO APPROVE ITEM 'B.'" MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
27. C. Not Used
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REGULAR
28. D. Community Development Department - Planning Division
Requests That The City Commission Consider Revising The October 1, 2003
Compliance Date For Dumpsters In Place Prior To The Adoption Of Ordinance
2002-13.Which Established Minimum Standards For The Screening Of Dumpsters.
Discussion.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department addressed this Agenda Item.
"I MOVE WE APPROVE ITEM 'D.'" MOTION BY COMMISSIONER
McGINNIS. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
29. E. Not Used
REGULAR
30. F. Office Of The City Manager
Requesting The Commission Consider Information On Implementing A Purchasing
Card Program And Provide Direction.
Discussion. ,
"I WOULD LIKE TO MAKE A MOTION WE GO FORWARD ON THE
PURCHASING CARD PROGRAM AND DIRECT THE CITY MANAGER TO
BRING US BACK A PROGRAM FOR APPROVAL WITHIN EIGHT (8)
WEEKS." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
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REGULAR
31. G. Information Services Department
Requests That The City Commission Provide Direction Relative To The Acceptance
Of Credit Cards, Debit Cards, And Bank Drafts As Additional Ways For
Customers To Pay For City Services Such As Utility Bills, Parks And Recreation
Services, And Community Development Services.
Ms. Dalka reviewed certain aspects of this proposed program.
Discussion.
Commissioner Blake inquired, "Do you know what the flat fee is?" Ms. Dalka stated, "I
am. not sure." Commissioner Blake then asked, "Do you know anything about the
financial viability of 'Speedpay?'" Commissioner Blake then asked, "Is there an issue if
they should become insolvent, whereby they have collected money from citizens but have
not remitted it to us?" Commissioner Blake added, "Have we looked at that?"
Furthermore, Commissioner Blake stated, "We just want to make sure we look at that
aspect of it, I think, before we are to use it." Commissioner Blake then said, "I would be
in favor of utilizing them as well, as long as we had some sort of a surety program in
place that would protect - the initiation of that service as well as the' ACH' - the check
draft service would make a lot of folks happy in the City."
Discussion.
Tape 2/Side A
"I AM GOING TO MAKE A MOTION THAT WE APPROVE ITEM 'G' USING
STAFF RECOMMENDATION - THE FIRST ONE, 'THE CITY COMMISSION
AUTHORIZE THE ACCEPTANCE OF DEBIT AND CREDIT CARDS FOR
UTILITY BILLING PAYMENTS USING SPEEDPAY. IMPLEMENTATION
SHOULD NOT BEGIN UNTIL AFTER A POLICY HAS BEEN CREATED AND
ADOPTED BY THE COMMISSION.'" MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
"I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO
INCLUDE BANK DRAFTS." AMENDMENT TO THE MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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VOTE: (ON THE MOTION, AS AMENDED)
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Commissioner McLeod inquired, "The question is how long is it going to take us to
implement it?" Ms. Dalka responded, "The end of this fiscal year."
REGULAR
32. H. Office Of The City Clerk_
Requests That Members Of The City Commission Make The Remaining
Appointments/Reappointments Related To The Terms Of Office Which Will Be
Expiring In July 2003 - Specifically Regarding Members Of The Board Of
Adjustment; The Code Enforcement Board; The Planning And Zoning Board/Local
Planning Agency; And The Terms Of Office Which Will Be Expiring In August
2003 - Specifically Regarding Members Of The Oak Forest Wall And Beautification
District Advisory Committee.
Discussion.
"MOTION TO REAPPOINT JACK T AYLOR TO THE BOARD OF
ADJUSTMENT." MOTION BY COMMISSIONER MARTINEZ. SECONDED
BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
"I WOULD LIKE TO APPOINT RICHARD GENNELL TO THE CODE
ENFORCEMENT BOARD." MOTION BY COMMISSIONER MARTINEZ.
MAYOR BUSH STATED, "RICHARD [GENNELL], DID YOU WANT TO
SERVE ON THE CODE ENFORCEMENT BOARD?" FROM THE AUDIENCE,
MR. RICHARD GENNELL STATED, "THANK YOU, BUT NO."
COMMISSIONER McGINNIS STATED, "I WOULD LIKE TO MAKE ONE
NEXT TIME, I HAVE SOMEBODY WHO HAS WRITTEN TO ME."
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"MOTION TO REAPPOINT ROSANNE KARR" TO THE PLANNING AND
ZONING BOARD/LOCAL PLANNING AGENCY." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Regarding' the seat held by Bill Fernandez on the Plmming and Zoning Board/Local
Plmming Agency, Commissioner McLeod stated, "I will fill that at the next Meeting."
"I WOULD LIKE TO REAPPOINT PAUL KREBS" TO THE OAK FOREST
WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE."
MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
33. I. Office Of The City Clerk
Requests That The City Commission Make An Appointment To Replace Mr. Roy
Prince Who Prior To His Recent Resignation Has Served As The City Of Winter
Springs' Alternate To The South Seminole And North Orange County Wastewater
Transmission Authority.
No Appointment was made at this Meeting.
Mayor Bush stated, "Put that on the Agenda for the next time."
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REGULAR
34. J. Office Of The City Manager/Office Of The City Clerk
Request That Members Of The City Commission Make The Remaining
Appointments For The Newly Organized Ad-Hoc Committee Referred To As The
Davis Properties Affordable Housing Due Diligence Committee.
MOTION TO APPOINT "LURENE L YZEN" TO THE DAVIS PROPERTIES
AFFORDABLE HOUSING DUE DILIGENCE COMMITTEE. MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
"I WOULD LIKE TO APPOINT DICK CRENSHAW AND BYRON GIL TZ" TO
THE DAVIS PROPERTIES AFFORDABLE HOUSING DUE DILIGENCE
COMMITTEE. MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Commissioner McGinnis stated, "I nominated Jim Charles, who is President of the
Greenspointe HOA [Homeowner's Association]." City Clerk Andrea Lorenzo-Luaces
stated that "The latest I heard from him was that he called me and was just leaving North
Carolina and he said he would be back in town tomorrow - but then he is leaving again
from July 24th through the [July] 29th." Commissioner McGinnis then clarified that her
Appointment included Jim Charles - "Of course, if he is still here. Then I would like to
have Jerry Ross and he would represent the Highlands Homeowner's Board." Mayor
Bush said, "He would be an Alternate then - is that correct?" Commissioner McGinnis
explained, "He would be one of my two (2). Now I have not spoken to him, I left a
message on his machine today."
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"MY TWO (2) APPOINTEES THEN ARE PAUL BUSCEMI AND JIM
CHARLES. MY ALTERNATES WOULD BE JERRY ROSS AND IRV
LAMPERT." MAYOR BUSH THEN STATED, "MR. [JERRY] ROSS WOULD
BE THE FIRST PERSON TO REPLACE YOUR OTHER TWO (2)."
COMMISSIONER McGINNIS STATED, "YES." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Manager McLemore then asked, "I need to know if there is any interest by any of the
Commissioners about going on this trip?" Commissioner Blake stated, "Give us the date
Ron [McLemore]." Commissioner McLeod said to Manager McLemore, "Set a date."
Brief discussion.
"I MOVE WE PLAN THE DUE DILIGENCE TRIP FOR THE 2STH - A
MONDAY." MOTION BY COMMISSIONER McGINNIS.
MOTION DIED FOR LACK OF A SECOND.
MOTION TO HOLD THE DUE DILIGENCE TRIP ON "SATURDAY, JULY 26,
2003." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Commissioner McGinnis then suggested, "I would recommend, that in order to have a
full complement of the community, that other people appoint Alternates.'-' Mayor Bush
inquired, "Does any other Commissioner wish to appoint an Alternate or Alternates?"
Commissioner McLeod stated, "That wasn't part of our Agenda Item."
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ADD-ON
REGULAR
44. K. Finance Department
Requests The City Commission Decide Issues Related To Health Insurance.
Manager McLemore introduced this Agenda Item and asked the City Commission to
consider, "The proposal we talked about where employees will be given the option of
opting out, when they have coverage with - a spouse.
In order to do that, we would have to deal with a situation where the employer (us) would.
not be able to pay 100% of costs - United[Healthcare] has agreed I think to ninety-nine
percent (99%) - the City would pay ninety-nine percent (99%), the employees would pay
for one percent (1 %) in order to create that option. Also, it was recommended that in
order to get employees to take that option that we would provide some incentive for the
simple reason that it does save the City a lot of money, but there is no requirement for
them to drop that policy with us, thereby allowing us to have that opportunity to save
money, so there was a thought that we need to provide some kind of an incentive for
those employees who choose to opt out of our Plan."
Furthermore, Manager McLemore stated, "We do not have to offer an incentive. Will
people do it anyhow? I have heard it both ways. The idea to save the maximum amount
of money - would be to provide some incentive."
With further comments, Manager McLemore suggested, "My recommendation is
obviously go ahead - and let's give this contract formally to United[Healthcare], so we
can start explaining it to our employees."
Mayor Bush stated, "Mr. McLemore is recommending number 7 - Plan 7. Employees
pay twenty-five percent (25%) for coverage and keep the subsidy the same - opt out of
the plan allowable - City incentive to employees of 100 a month."
"I WOULD LIKE TO MAKE A MOTION THAT THE CITY AWARD THE
HEAL THCARE CONTRACT TO UNITEDHEAL THCARE - PLANS 399T AND
499T." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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"I WOULD LIKE TO MAKE A MOTION THAT THE CITY UTILIZE THE
COST SHARING ARRANGEMENT FOR THE PROVISION OF HEALTH CARE
BENEFITS FOR THE EMPLOYEES DESIGNATED AS OPTION NUMBER 7."
MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER
McLEOD. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Commissioner McLeod stated, "I want to make sure - number 7, says only 399, is that
not correct? And if you are going with a percentage to opt out, are you saying you are
only going to let them opt out of 399?" Manager McLemore stated, "I don't think so. I
think you are agreeing to do number 1, and Alternative number 7."
REPORTS
REPORTS
35. A. City Attorney - Anthony A. Garganese, Esquire
Attorney Garganese distributed a letter that he received from "Legal Counsel
representing James Doran Company" and explained that "The bottom line is the City
Commission adopted a Policy - the Policy requires that there be a - minimum of fifteen
feet (15') between the petition and the storefront of buildings located in the Town Center,
and those buildings located across the frontage street. They are objecting to that Policy
for numerous reasons." Attorney Garganese added, "They are requesting that the City
Commission suspend that Policy. They believe it is hurting their ability to get tenants."
Then Attorney Garganese said to the City Commission, "The issue to the Commission is
do you want to suspend this Policy while it is being reviewed?"
Discussion.
Next, Attorney Garganese stated, "If the Commission wants to keep this Policy, then I
would recommend that we come to the Commission at the next Meeting and adopt it by
Ordinance immediately, and put the other Town Center updates on the back burner. That
would put you in a stronger position."
Manager McLemore stated, "I think we should go on record stating that we are willing to
review this policy as provided in the Development Agreement and that during that time,
there will be no approval of any. tenant spaces until such time as we complete that
process. "
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - JULY 14,2003
PAGE 18 OF 22
Tape 2/Side B
Further discussion.
Commissioner McLeod suggested, "The Developer, the City Manager and the two (2)
Attorney's get together, perhaps with our Consultant over the next couple of weeks and
sit down and see what you can resolve - and bring it back to us? Can you resolve it or
can't you resolve it?" Manager McLemore stated, "We can attempt that."
Discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY
ATTORNEY TO PROCEED AS HE SUGGESTED - AND BRING BACK A
REPORT TO US FOR US TO TAKE FINAL ACTION ON." MOTION BY
COMMISSIONER MARTINEZ. ATTORNEY GARGANESE CLARIFIED HIS
PREVIOUS COMMENTS BY SAYING, "LET ME ITEMIZE THE ISSUES. ONE
IS THE SUSPENSION OF THE POLICY - SUSPENDING THE FIFTEEN FOOT
(15') PETITION POLICY THAT YOU ADOPTED IN JANUARY - CONTINUE
REVIEWING THAT POLICY AND THIS WHOLE ISSUE WITH VICTOR
DOVER AND REPORT BACK TO THE COMMISSION. IN ADDITION,
DURING THAT TIME PERIOD, DISCUSSING THIS WHOLE POLICY AND
ISSUE WITH JDC [JAMES DORAN COMPANY], COOPERATIVELY SEEING
IF WE CAN HAVE SOME MEETING OF THE MINDS. I THINK IF THERE
ARE ANY APPLICATIONS DURING THIS TIME PERIOD, I THINK THE CITY
SHOULD APPLY THE EXISTING CODE WHICH REQUIRES THE MAIN
ENTRANCES BE ON STREET FRONTAGES AND THE ONLY OTHER ISSUE
IS SUSPENDING THE APPLICATION - WHICH I lDON'T THINK IS A GOOD
IDEA."
MOTION DIED FOR LACK OF A SECOND.
Discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE DO NOT SUSPEND THE
POLICY; THAT WE DIRECT STAFF TO BRING US BACK THE FIRST
READING OF AN ORDINANCE SOLIDIFYING THE POLICY AT OUR NEXT
REGULARLY SCHEDULED MEETING; THAT STAFF IS DIRECTED TO
CONTACT THE DEVELOPER OR THE DEVELOPER'S ATTORNEY TO
ARRANGE AS MANY MEETINGS AS POSSIBLE WITHIN THE NEXT
THIRTY (30) DAYS IN ORDER TO COME TO SOME ALTERNATIVE
SOLUTION THAT PROTECTS THE TOWN CENTER'S PRIMARY SPACE."
COMMISSIONER BLAKE ADDED, "THIS ALL IS PERTAINING TO THE
FIFTEEN FOOT (15') RULE." MOTION BY COMMISSIONER BLAKE.
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 14,2003
PAGE 190F22
VOTE:
COMMISSIONER McLEOD: NAY
COMMISSIONER McGINNIS: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
MOTION DID NOT CARRY.
Discussion.
"I WOULD MAKE THE MOTION THAT WE DO SUSPEND THE PRESENT -
POLICY OF THE FIFTEEN FOOT (15') PARTITIONS AT PRESENT, FOR A
PERIOD OF THIRTY (30) DAYS, TO ALLOW THE TWO (2) SIDES TO SIT
DOWN AND DISCUSS THE ISSUES WITH OUR PLANNER, OUR ATTORNEY,
OUR CITY MANAGER - THEIR PLANNERS, PROPERTY OWNERS, AND
ATTORNEY. THIS IN NO WAY WILL CHANGE - OUR PRESENT TOWN
CENTER CITY CODE REQUIREMENT FOR THE ENTRANCE TO BE AT THE
FRONT OF THE STREET - MAIN STREET." MOTION BY COMMISSIONER
McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
Tape 3/Side A
"I WOULD LIKE TO AMEND THE MOTION TO - DIRECT THE CITY
ATTORNEY TO BRING BACK AN ORDINANCE REINFORCING THE
POLICY IN PLACE." AMENDMENT TO THE MOTION BY COMMISSIONER
MARTINEZ.
AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND.
COMMISSIONER McLEOD SAID, "FIND A WAY TO RESOLVE THIS IF YOU
CAN IN THE NEXT THIRTY (30) DAYS, WHICH YOU SAID YOU THINK YOU
CAN, AND BRING US BACK THAT SOLUTION - THEN LET'S DISCUSS
PUTTING AN ORDINANCE TOGETHER WITH THAT AS THE SOLUTION."
VOTE:
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Secondly, Attorney Garganese stated, "Jeff Buak in my office passed the Certification
Exam - he is now Board Certified by the Florida Bar in City, County, Local Government
Law. He is one of your Assistant City Attorneys."
CITY OF WINTER SPRINGS
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CITY COMMISSION
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PAGE 20 OF 22
REPORTS
36. B. City Manager - Ronald W. McLemore
No Report.
REPORTS
37. C. City Clerk - Andrea Lorenzo-Luaces
City Clerk Lorenzo-Luaces asked if the City Commission wanted to have the Appointees
to the Davis Properties Affordable Housing Due Diligence Committee invited to the
Advisory Board and Committee Appreciation Dinner scheduled for Friday, August 8,
2003. All Members of the City Commission stated, "No."
REPORTS
38. D. Commission Seat Two - Michael S. Blake
Commissioner Blake spoke of the recent 4th of July event and stated, "Great job -
thanks! "
REPORTS
39. E. Commission Seat Three - Edward Martinez, Jr.
Commissioner Martinez remarked that "A few months ago I requested of you that you
draft a Resolution - supporting our boys in the Armed Forces." Mayor Bush stated, "I
have asked the Clerk to do that."
Secondly, Commissioner Martinez asked about the status of the Open Container
Ordinance. Attorney Garganese stated, "I know I have discussed the matter with the City
Manager and Police Chief to come up with yet another draft Ordinance for you - to
consider." Attorney Garganese added, "It is in the drafting stages."
Next, Commissioner Martinez spoke of a "Couple of people over near the Howell Creek
Drive entranceway to Tuscawilla - one of the six (6) or seven (7) entrances that are under
construction or are in the final stages - they are very concerned about the water pipe."
Manager McLemore stated, "I will have to get with Kip [Lockcuff, Public WorkslUtility
Department Director] on that." Commissioner Martinez added, "I will give you this letter
and would you please contact these people." Manager McLemore stated, "Sure."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 14, 2003
PAGE 21 OF 22
REPORTS
40. F. Commission Seat Four - Sally McGinnis
Commissioner McGinnis spoke of being proud to serve on this City Commission, and
added, "My hope for the next part of my term is that all of us will try very hard to be kind
to people who appear before us and to each other - and be civil at all times."
REPORTS
41. G. Commission Seat Five - David W. McLeod
Commissioner McLeod commented about "The payment of the water bills - I am really
glad to see that we have finally come forward with that."
Secondly, Commissioner McLeod inquired about the status of Accessories Buildings and
asked when this will be back before the City Commission for discussion. Manager
McLemore stated, "That is in the works - quite possibly at your next Meeting."
Commissioner McLeod added, "I would hope we could get something resolved."
Commissioner McLeod added, "I would like to thank our Staff. I continue to see - the
information in front of us, seems to be getting better and better. I would like to thank
Staff for that. Somebody is putting a lot of thought and effort in trying to pass
information forward - so, thank you!"
REPORTS
42. H. Commission Seat One/Deputy Mayor - Robert S. Miller
Absent.
REPORTS
43. I. Office Of The Mayor - John F. Bush
Mayor Bush also complimented Staff on the recent 4th of July event and stated, "Good
job all the way around!"
Next, Mayor Bush said that some citizens did not get the latest newsletter with the flyer
about the 4th of July event, until after the event, and suggested that we should work on
improving this for the future. With discussion, Mayor Bush added, "You might want to
contact S.W.O.P. -let S.W.O.P. do our mailing, they seem to be able to get things out on
time."
Mayor Bush then commented on a recent arrest. Brief discussion.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 14,2003
PAGE 22 OF 22
ADJOURNMENT
Mayor Bush adjourned the Meeting at 10:04 p.m.
RESPECTFULLY SUBMITTED:
ZO-LUACES, CMC
APPROVED:
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NOTE: These Minutes were approved at the July 28, 2003 Regular City Commission Meeting,