Loading...
HomeMy WebLinkAbout_2004 01 12 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JANUARY 12,2004 CALL TO ORDER The Regular Meeting of Monday, January 12,2004 of the City Commission was called to order by Mayor John F. Bush at 5:08 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 Edward Martinez, Jr., present Commissioner Robert S. Miller, arrived at 5: 1 0 p.m. Commissioner Michael S. Blake, present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5:14 p.m. After a moment of silence, Mayor Bush led the Pledge of Allegiance. Discussion. Commissioner Robert S. Miller arrived at 5:10 p.m. Deputy Mayor Edward Martinez, Jf. stated that he wanted to "Wish one and all a very happy and healthy New Year". AWARDS AND PRESENTATIONS None. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke about recently being misquoted in a local publication. City Attorney Anthony A. Garganese arrived at 5: 14 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12.2004 PAGE 2 OF 37 Mf. Rucci then spoke of a "Memorandum of Understanding" from City Manager Ronald W. McLemore; and stated, "We already have non-signed copies of that posted at each one of the Vet's offices where we gathered support signatures for the Paw Park years ago, so we are going to advertise that this park is temporary; we are going to advertise the rules and the regulations of this park and we are going to support it wholeheartedly." Lastly, Mf. Rucci remarked about the Training area and said, "We would like to turn around and set up a fee schedule with the Parks and Recs [Recreation] people that accommodates trainers, rescue groups and anyone that wants to run an event at the park to help support the park, where we don't want to make that so exorbitant a fee that nobody can use it." Mr. Rucci then spoke of working with Attorney Garganese regarding a Hold Harmless Agreement. Mayor Bush said to Mf. Rucci, "Talk to Mf. McLemore about it and he will point you in the right direction - things should go through Ron before you go to the Parks [and Recreation] people." Mf. Rucci stated to Manager McLemore, "Some time this week or next?" Manager McLemore responded by saying, "Sure." .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS ARE DOCUMENTED, BUT NOT NECESSARILY IN THE ORDER THEY WERE DISCUSSED. .:. .:. CONSENT CONSENT 200. Community Development Department Requests That The Commission Approve The Winter Springs Town Center Final Subdivision Plat (Re-Plat) For Capital Green And Authorize Its Recordation, Subject To Conditions. Brief discussion. CONSENT 201. Finance Department Requesting A Supplemental Appropriation Of $11,025.00 From The General Fund Fund Balance For The City Clerk's Personnel Costs. CONSENT 202. Information Services Department Requesting Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 3 OF 37 CONSENT 203. Parks And Recreation Department Requesting The City Commission To Award The Bid For The Moss Park Buffer Brick Wall To The Lowest, Best, And Only Bidder Price Construction Inc. And To Provide The City Manager Authority To Enter Into A Contract With Price Construction And To Provide A Notice To Proceed To Construction. Also To Approve A Supplemental Appropriation From General Government Contingency In The Amount Of $28,116.00. CONSENT 204. Finance Department Requesting The Commission Approve Resolution 2004-01 Which Designates The City Manager And The City Controller As Authorized Representatives To Execute Documentation Required By Bank Of America On Behalf Of The City Of Winter Springs. With discussion, Commissioner Michael S. Blake stated, "Could I have this pulled off the Consent Agenda for separate consideration." CONSENT 205. Finance Department Requesting A Supplemental Appropriation Of $3,475.00 From The General Fund Fund Balance For The City Of Winter Springs' Portion Of The Incremental Tax Assessment On The US 17-92 Community Redevelopment District Above That Which Was Budgeted. CONSENT 206. Fire Department Requesting Authorization For A Supplemental Appropriation Of $157,000.00 From Medical Transport Fund Balance For The Purchase Of One (1) Rescue Truck By Piggybacking Off Of Florida Fire Chiers Association, Fnorida Sherifrs Association And Florida Association Of Counties Bid #03-04-0828. .CONSENT 207. Utility/Public Works Department Requesting Authorization For Architectural/Engineering Design Services With Starmer Ranaldi Planning And Architecture Inc. For The Utility/Public Works Compound On Old Sanford/Oviedo Road At A Cost Of $161,000.00. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 4 OF 37 CONSENT 208. Utility Department Requesting A Supplemental Appropriation And Authorization To Enter Into An Agreement With CPH Engineers And LDI [Land Design Innovations, Inc.] To Develop And Incorporate Into The Comprehensive Plan A Water Supply Facilities Work Plan. CONSENT 209. Public Works Department Requesting Appropriation Of Additional Funds And lExpenditure Authorization For Northern Way Repairs. CONSENT 210. Office Of The Mayor Resolution Number 2004-02 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Dick Crenshaw For His Service On The Beautification of Winter Springs Board. CONSENT 211. Office Of The City Clerk Approval of the December 8, 2003 City Commission Regular Meeting Minutes. CONSENT 212. Office Of The City Manager Requesting The Commission To Approve Resolution Number 2004-03 Supporting Florida League Of Cities Legislative Proposals. CONSENT 213. Office Of The City Manager Requesting The City Commission To Authorize The Mayor To Execute A Letter Of Support For The East-Central Florida Integrated Water Resource Project. "MOTION TO APPROVE CONSENT AGENDA EXCEPT ITEM '204'." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 5 OF 37 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. INFORMA TIONAL INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Deputy Mayor Martinez stated, "Isn't this Dollar General store off the plate?" Mf. John Baker, AICP, Senior Planner, Community Development Department stated, "I can take it off." Deputy Mayor Martinez then said, "Yes, thank you." Mayor Bush then stated, "The Dumpster Enclosure would be another item that has already been addressed by the Commission," Manager McLemore added, "We just need every time to take the things off." Mayor Bush stated, "Are the rest of the Commissioners okay with that recommendation?" Deputy Mayor Martinez stated, "Yes." Commissioner Sally McGinnis was also in agreement. Commissioner McGinnis then spoke of the "Denial of the - traffic light - for the new school site." Mayor Bush then stated, "I think Commissioner, it might be appropriate - under your Seat that - the Commission could vote on sending a letter saying that we are concerned. . ." Commissioner Miller agreed and asked that Commissioner McGinnis bring this issue up under her Seat. INFORMATIONAL 301. Public Works Department Advising The City Commission On The Response From Mallard Systems About The Spill In Greenbriar. Deputy Mayor Martinez said, "At the last Meeting, this was brought up. Commissioner Miller made a Motion and suggested that certain things be done by the City Manager, which would be presented at this Meeting, and I don't see them." With further discussion on this Agenda Item, Mf. Kip Lockcuff, P.E., Public WorkslUtility Department Director stated, "If you approve this, we'll send them a bill." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 6 OF 37 INFORMATIONAL 302. Information Services Department Wishes To Update The Commission On The Status Of The LT. [Information Technology] Plan Created In FY 2002. INFORMATIONAL 303. Finance Department Providing The City Commission With An Update On The Status Of MBIA MuniServices Company (MMC) Revenue Enhancement Services Pertaining To The City's Property Tax Revenue Audit. INFORMATIONAL 304. Office Of The City Manager Advising The Commission Of The Preliminary Audit Figures Related To The General Fund Fund Balance For Year Ending September" 30, 2003. INFORMA TIONAL 305. Parks And Recreation Department Informing The City Commission That Torcaso Park Is Highlighted In The 2003 Facility Showcase Of The Florida Recreation And Park Association Journal Publication. INFORMATIONAL 306. Public Works Department Advising The City Commission On Current Progress Of The New Urban Beautification Division. INFORMATIONAL 307. Public Works Department Informing Commission Of Control Measures And Methods Utilized By The Public Works Department In City's 2003 Mosquito Control Program. INFORMA TlONAL 308. Fire Department Informing The City Commission Of Approval For 2003 Assistance To Firefighters Grant Program To Be Used For Fire Station 24 Fire Sprinkler/Alarm System, And Diesel Smoke Filters For Fire Apparatus. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 7 OF 37 INFORMATIONAL 309. Office Of The City Manager Informing The Commission Of Improvements In Utility Billing. "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 400. Community Development Department - Planning Division, Planning And Zoning Board, and City Attorney Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2004-02, Establishing A New Zoning District Entitled "CC - Commerce Center". (This Agenda Item Has Been Rescheduled To The January 26, 2004 Regular City Commission Meeting Because The Newspaper Failed To Publish The Advertisements Submitted By The City). .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS BRIEFLY DISCUSSED, AS DOCUMENTED, (AND WILL BE DISCUSSED AGAIN ON PAGE 10). .:..:. REGULAR REGULAR 500. Community Development Department - Planning Division Requests That The Kinder Kampus Request For A Variance Be Removed From The Table, And That The Kinder Kampus Variance Request Be Approved As Amended, To Allow For The Construction Of A New Monument Sign In The State Road 434 Redevelopment Overlay Zoning District. Mayor Bush stated, "Do we have a Motion to remove from the Table?" "SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 12,2004 PAGE 8 OF 37 VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department stated, "There is another Agenda Item that relates to this Item and that is Agenda Item '514' and that Agenda Item should be heard before this one." .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS HEARD PRIOR TO THE COMPLETION OF REGULAR AGENDA ITEM "500", AND THE FOLLOWING AGENDA ITEMS, AS DOCUMENTED. .:..:. REGULAR REGULAR 514. Community Development Department Recommends That The City Commission Find That The Existing Subdivision Entrance Features At The Northeast And Northwest Corners Of The Intersection Of Charles Street And State Road 434 Are In The Public Right-Of-Way, That They Are A Nuisance, And Authorize Their Removal For Public Safety Issues. Ms, Sahlstrom introduced this Agenda Item, Discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER McGINNIS MADE AN AMENDMENT TO THE MOTION THAT "WE WOULD POST A NOTICE FOR THIRTY (30) DAYS - WE ARE GOING TO REMOVE IT AND THAT WE WOULD ALSO LANDSCAPE THE SPOT." AMENDMENT TO THE MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 9 OF 37 ATTORNEY GARGANESE STATED FOR THE RECORD, "SECTION 861.01 FLORIDA STATUTES MAKES IT A FIRST DEGREE MISDEMEANOR TO OBSTRUCT ANY -ROAD RIGHT-OF-WAY - YOU ARE NOT PERMITTED TO OBSTRUCT ROAD RIGHT-OF-WAYS INCLUDING CITY STREETS. SO, I WOULD CITE TO THAT CASE AND POSSIBLY POST THE NOTICE ON THE SIGN SAYING THAT THE SIGN IS OBSTRUCTING THE RIGHT-OF-WAY IN VIOLATION OF THIS FLORIDA STATUTE AND THAT THE CITY MAY REMOVE THE SIGN AND - AFFORD ANY INTERESTED PARTY AN OPPORTUNITY TO COME BEFORE THE COMMISSION - AND PROTEST IT - BEFORE THE CITY TAKES FINAL ACTION." COMMISSIONER BLAKE SAID TO ATTORNEY GARGANESE, "SPEAKING OF EQUAL TREATMENT, THERE BEING OTHER AREAS IN THE CITY THAT ALSO HAVE STRUCTURES OF THIS TYPE IN THE RIGHT-OF-WAY, ARE WE REQUIRED TO POST THOSE AS WELL WITH THE SAME STATUTE NUMBER AND TAKE THOSE DOWN BECAUSE THEY ALSO WOULD BE OBSTRUCTING THE RIGHT-OF-WAY"? ATTORNEY GARGANESE RESPONDED, "EVERYONE GETS TREATED EQUALLY." VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE ANOTHER AMENDMENT - I WOULD LIKE TO MAKE A MOTION THAT - IF THE RESIDENTS OF THE COMMUNITY DO RAISE ANY ISSUES ABOUT THE REMOVAL OF THOSE THAT THE CITY LOOK TO ENCOURAGING THE B.O.W.S. [BEAUTIFICATION OF WINTER SPRINGS BOARD] BOARD TO LOOK TO MAKING SOME LANDSCAPING IMPROVEMENTS ON THE CENTER ISLAND DIVIDER OF CHARLES STREET." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER MILLER RESTATED HIS MOTION AND SAID, "WE ARE GOING TO TAKE DOWN THOSE COLUMNS - IF THEY DO COMPLAIN, THEN THE CITY SHOULD ENCOURAGE THE B.O.W.S. [BEAUTIFICATION OF WINTER SPRINGS BOARD] BOARD TO MAKE SOME KIND OF IMPROVEMENTS IN THAT CENTER ISLAND - FOLIAGE AND LANDSCAPING." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE \0 OF 37 MAYOR BUSH THEN SAID TO COMMISSIONER MILLER, "SO YOUR MOTION WOULD INCLUDE THE POSTING OF THE NOTICE?" COMMISSIONER MILLER RESPONDED, "ABSOLUTELY, YES - THE THIRTY (30) DAYS NOTICE." MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE DO POST THEM FOR THIRTY (30) DAYS AND AT THE END OF THIRTY (30) DAYS, IF THERE ARE NO OBJECTIONS, THE THIRTY-FIRST (31) DAY THEY COME OUT OF THERE." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER McLEOD: A.YE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Commissioner McGinnis suggested she might "Contact - write a Memo to the B.O,W,S. [Beautification of Winter Springs Board] Board," Tape IISide B REGULAR 500. Community Development Department - Planning Division Requests That The Kinder Kampus Request For A Variance Be Removed From The Table, And That The Kinder Kampus VariaDce Request Be Approved As Amended, To Allow For The Construction Of A New Monument Sign In The State Road 434 Redevelopment Overlay Zoning District. Ms. Sahlstrom introduced this Agenda Item. Mr, Keith Stokes, 640 State Road 434, Winter Springs, Florida: as the owner of Kinder Kampus, Inc" Mf. Stokes spoke on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 11 OF 37 Discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY COMMISSION APPROVE THE VARIANCE OF THE SIGN AGE FOR THE KINDER - KAMPUS ACCORDING TO THE RENDERING THAT W AS PROVIDED IN OUR PACKAGE FOR JANUARY 12TH, 2004, LISTED AS ATTACHMENT 'A' THAT SHOWS THE SOUTHERNMOST EDGE OF THE SIGN BEING TEN FEET (10') AWAY FROM THE CITY'S SIDEWALK AND THE WESTERN BOUNDARY OF THE SIGN BEING TEN FEET (10') FROM THE PROPERTY LINE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 501. Community Development Department Requests That The City Commission Reconsider A Request By Dr. Pete Corum For A 3 Foot Variance From The 10 Foot Setback Requirement Of Section 20-486. Of The City Code Of Ordinances, To Authorize A New Monument Sign To Be Constructed Within The State Road 434 Redevelopment Overlay Zoning District. Discussion ensued with Ms. Sahlstrom on notifying applicants. Mayor Bush said, "When the time changes, I think we need to make sure these people are notified immediately once the Clerk has polled the Commissioners and agreed to a different starting time." "MOTION TO TABLE ITEM '501'." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 120F37 REGULAR 502. Public Works Department Requesting The City Commission Review And Provide Comments On The Preliminary Right Turn Deceleration Lanes Study. Mayor Bush stated, '''502' - Table it." REGULAR 503. Office Of The City Clerk Respectfully Requests That The Remainder Of Appointments Be Made To The 2004 City Of Winter Springs Districting Commission. COMMISSIONER BLAKE STATED THAT REGARDING THE DISTRICTING COMMISSION, "I WOULD LIKE TO APPOINT KURT MIERICKE - SENECA BOULEV ARD." MOTION. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. COMMISSIONER MILLER STATED, "I WOULD LIKE TO APPOINT LORI ROERO" TO THE DISTRICTING COMMISSION. MOTION. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. FOR THE DISTRICTING COMMISSION, COMMISSIONER McLEOD STATED, "I WOULD LIKE TO APPOINT LEE FERGUSON." MOTION. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 13 OF 37 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. MAYOR BUSH STATED, "I WOULD LIKE TO APPOINT MR. RON WEBB WHO LIVES AT 308 SOUTH MOSS STREET - AND MR. ART HOFFMAN WHO LIVES ON MT. LAUREL." MOTiON. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. R,EGULAR 504. Community Development Department - Planning Division/Planning And Zoning Board Requests That The City Commission Schedule A Workshop To Review And Consider The Board's Recommendations Resulting From Recently Held Visioning Workshops Related To The City's Industrial And Commercial Zoning Districts. Discussion. "I WOULD LIKE TO MAKE A MOTION WE SCHEDULE THE WORKSHOP FOR MONDAY, THE 2ND OF FEBRUARY [2004] AT 6:30 P.M." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 14 OF 37 REGULAR 505. Not Used. REGULAR 506. N ot Used. REGULAR 507. Office Of The City Manager Requesting The Commission · Authorize The Formation Of A Three (3) Member Audit Selection Committee Including Selection Of A City Commissioner, · Authorization For The City Manager To Issue An RFP [Request For Proposal] For Audit Services In Compliance With The Competitive Auditor Selection Procedures Set Forth In Florida Statutes Section 11.45 (3) (a) 6 And 7 (Competitive Negotiations Act), · And Authorization For The City Manager To Negotiate A Contract For Audit Services For Review And Approval By The Commission. "I WOULD LIKE TO MAKE A MOTION THAT MICHAEL BLAKE BE APPOINTED AS THE COMMISSIONER TO SERVE ON THIS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. MAYOR BUSH SUMMARIZED, "THE MOTION THEN IS TO AUTHORIZE THE FORMULATION OF A THREE (3) MEMBER AUDIT SELECTION COMMITTEE - INCLUDING COMMISSIONER BLAKE." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McGINNIS : AYE MOTION CARRIED. Mayor Bush then stated, the "'Authorization for the City Manager to issue an RFP [Request For Proposal] for Audit Services in compliance with the Competitive Auditor Selection Procedures set forth in Florida Statutes Section 11.45 (3 ) (a) 6 and 7 (Competitive Negotiations Act)' - do we have a Motion?" "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 15 OF 37 VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Thirdly, Mayor Bush stated, "Authorization for the City Manager to negotiate a Contract for Audit Services for Review and Approval by the Commission." MOTION TO APPROVE. MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 508. Office Of The City Clerk Respectfully Requests That The City Commission Consider Several Issues Related To Elections. Brief discussion, "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED. DISCUSSION. WITH DISCUSSION, COMMISSIONER BLAKE STATED, "FOR CLARIFICATION, ANY VOTE OF THIS ITEM TONIGHT IS MEREL Y DIRECTING STAFF TO PROVIDE THE DOCUMENTS TO BRING BACK FOR US TO APPROVE OR CHANGE OR NOT APPROVE OFFICIALL Y, CORRECT?" MAYOR BUSH STATED, "THAT IS CORRECT." MAYOR BUSH ADDED, "ALSO ANDREA [LORENZO-LUACES] IS ASKING HERE IF THE COMMISSION WISHES TO DIRECT STAFF TO HANDLE ANY OTHER ELECTION CONCERNS THAT - THEY MAY WISH PURSUED." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 160F37 COMMISSIONER MILLER STATED, "I WOULD LIKE TO SEE ANDREA [LORENZO-LUACES] SPEND SOME TIME WITH ST. STEPHENS [CATHOLIC] CHURCH AND MAKE SURE THAT THEY CONFIRM TO YOU THAT THEY UNDERSTAND THE PROCESS THAT GOES - THAT TAKES PLACE ON THAT DATE AND THAT IF BY LAW, PEOPLE ARE ALLOWED TO BE WITHIN A CERTAIN AREA OF THE PRECINCT ENTRANCE..." COMMISSIONER MILLER ADDED, "...IN OTHER WORDS, IF THEY ARE GOING TO GO ALONG WITH WHATEVER IT IS THAT THE LAW REQUIRES." DISCUSSION. MAYOR BUSH STATED, "WHAT WE COULD DO IS ASK - WHOEVER THE NEW SUPERVISOR OF ELECTIONS IS THAT THEY MAKE IT CLEAR TO WHATEVER ORGANIZATION HOSTS THE PRECINCT THAT THEY UNDERSTAND AND AGREE TO WHAT THlE LAW SAYS." FURTHERMORE, MAYOR BUSH SAID, "MAYBE THAT WOULD BE SOMETHING, A RECOMMENDATION WE COULD MAKE TO THE SUPERVISOR [OF ELECTIONS]." MAYOR BUSH THEN SUGGESTED TO CITY CLERK LORENZO-LUACES, "I WILL CONTACT THEM. I WILL GET WITH YOU - WE WILL PUT SOMETHING TOGETHER. DOES THE COMMISSION WANT TO SEE IT BEFORE WE SEND IT?" DEPUTY MAYOR MARTINEZ STATED, "YES." MAYOR BUSH THEN SAID, "SO AT THE NEXT MEETING, WE WILL HA VE A DRAFT OF A LETTER SPEAKING TO THESE ISSUES AND THE COMMISSION THEN CAN EDIT IT, IF THEY WISH." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 509. Office Of The City Clerk Respectfully Requests That The City Commission Consider Dates For A Workshop On The Sunshine Law, As Requested By The City Commission. Discussion, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 17 OF 37 Commissioner Miller stated, "I think to be proactive we ought to do it. I think we ought to invite all of the City Boards, at least provide them with notice that we are going to have a Workshop here." With discussion, Commissioner Blake stated, "Why don't we set the date, advertise it and then maybe we would get some feedback then at that point." The majority of the City Commission agreed on a Workshop date of March 23, 2004. Mayor Bush added, "March 24th [2004] as an alternate date, if the nrd is not acceptable. Everybody in agreement? Okay." Mayor Bush then stated, "Does the rest of the Commission have objection to inviting the surrounding cities to participate?" No objections were voiced, City Clerk Lorenzo- Luaces, then asked for clarification and said, "Would that just be Seminole County cities?" Mayor Bush stated, "Yes." Commissioner McGinnis also said, "Yes." Mayor Bush called a recess at 6:34 p,m, The Meeting was called back to order at 6:46 p,m, .:..:. AGENDA NOTE: THE MAYOR AND CITY COMMISSION AGAIN HEARD PUBLIC INPUT, AS DOCUMENTED. .:..:. PUBLIC INPUT Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: remarked about further education and information for Advisory Board and Committee Members including Budget information, Commissioner Blake returned to the Commission Chambers at 6:47 p.m. Commissioner Miller returned to the Commission Chambers at 6:48 p.m, Manager McLemore returned to the Commission Chambers at 6:48 p,m, Mr, Robert Mitchell, 5508 Satel Drive, Orlando, Florida: spoke about getting historical photographs to document the City of Winter Springs' history and buildings. With discussion, Manager McLemore stated, "It's something we could put on an Agenda in the future, if you want to." Mayor Bush said, "What if something like that becomes maybe something the B.O.W.S, [Beautification of Winter Springs Board] Board could do?" Mayor Bush added, "I think it is something maybe we can consider for the future, and maybe give it some thought over the next few weeks," CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 12,2004 PAGE 18 OF 37 .:..:. AGENDA NOTE: REGULAR AGENDA ITEM "501" AND "502" WERE AGAIN DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. .:. .:. REGULAR REGULAR 502. Public Works Department Requesting The City Commission Review And Provide Comments On The Preliminary Right Turn Deceleration Lanes Study. Mr. Fursan Munjed, P.E., Professional Engineering Consultants, Inc., 200 East Robinson Street, Suite 1560, Orlando, Florida: presented a report to the City Commission. Tape 2/Side A Discussion, Commissioner Miller stated, "I would like to see your analysis expanded to include - Hayes [Road] and Moss [Road] specifically come to my mind." Commissioner Miller added, 'I think the distance between Sheoah Boulevard and Moss [Road] is probably going to be slowed down anyway when Village Walk goes in." With further discussion, Mayor Bush stated, "Does the rest of the Commission agree with Commissioner Miller's recommendation?" Discussion. Commissioner Blake stated, "I agree with Commissioner Miller has said in terms of these other areas also. I think they are important for us to look at and not just the fifty (50) mile an hour section." Furthermore, Commissioner Blake spoke of funding sources. Mf. Munjed stated, "What we could do is we can approach the State and tell them we are looking at - provide them a copy of the study and tell them - the City Commission has given us direction to approach you to try to see if we can do any kind of joint funding - to construct those turn lanes." Commissioner Blake stated, "That would be great, we would always appreciate that kind of help." Discussion. "MOTION THAT WE DIRECT STAFF TO BRING US BACK AN ORDINANCE UPGRADING OUR CODES IN THAT AREA. SECONDLY, PROVIDING FOR ADDITIONAL STUDY AREAS OF HAYES ROAD, MOSS ROAD, AND SHEOAH BOULEVARD - WE WANT TO BEGIN EXPLORING METHODS TO ADD THESE TO OUR WORK PLAN FOR PAYMENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE190F37 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 501. Community Development Department Requests That The City Commission Reconsider A Request By Dr. Pete Corum For A 3 Foot Variance From The 10 Foot Setback Requirement Of Section 20-486. Of The City Code Of Ordinances, To Authorize A New Monument Sign To Be Constructed Within The State Road 434 Redevelopment Overlay Zoning District. Ms. Sahlstrom spoke on this Agenda Item. Discussion, Commissioner David W. McLeod suggested, "If your Attachments were marked different - and 'A', and a 'B', and a 'C', and a 'D', or an Exhibit could be an Attachment but it could be a different Exhibit number - we approve by the Exhibit Number or the Attachment numbers, so there is no confusion." Ms. Sahlstrom stated, "That's a good point, I will keep it in mind for the future." Commissioner McLeod added, "I do think you presented this very well." "MOTION TO APPROVE STAFF'S RECOMMENDATION." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE MAYOR AND CITY COMMISSION RETURNED TO DISCUSSING THE REMAINING PUBLIC HEARINGS, AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES . CITY COMMISSION REGULAR MEETING -JANUARY 12,2004 PAGE 20 OF 37 PUBLIC HEARINGS PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests That The Commission As A Corrective Action, Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2003-35) Changing The Current Future Land Use Map Designation From "Low Density Residential" To "Medium Density Residential" For Three (3) Parcels Located At The Northwest Corner Of Parkstone Boulevard And State Road 434, Within The Parkstone PUD [Planned Unit Development]. Parkstone Had A "Mixed Use" Future Land Use Map Designation At The Time The Project Was Being Master Planned In 1995. At Some Point The FLUM [Future Land Use Map] Was Changed To "Low Density Residential" Which Was Then Formally Adopted By The Commission And Submitted To DCA [Department Of Community Affairs] With The Adoption Of The Comprehensive Plan By Ordinance 2001-55. Mayor Bush stated, "Could I have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom spoke on this Agenda Item. 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, "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 21 OF 37 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Office Of The City Attorney Requests That The City Commission Adopt On Second And Final Reading Ordinance Number 2003-43 Establishing Minimum Standards For Community Appearance And Aesthetic Review Of Land Development Projects. (This Agenda Item Has Been Rescheduled To The January 26, 2004 Regular City Commission Meeting Because The Newspaper Failed To Publish The Advertisements Submitted By The City). PUBLIC HEARINGS 403. Office Of The City Attorney/Community Development Department - Planning Division Requests That The City Commission Adopt On Second And Final Reading Ordinance Number 2003-42 Annexing Approximately Nine (9) Acres More Or Less Located On State Road 434 Adjacent To Central Winds Park. Attorney Garganese read Ordinance 2003-42 by "Title" only, 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, "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 22 OF 37 PUBLIC HEARINGS 404. Community Development Department - Planning Division/Office Of The City Attorney Request The City Commission Hold A Public Hearing For First Reading Of Ordinance 2004-04, Amending Winter Springs Code Section 20-101. And 20-102. Mayor Bush stated, "Could I have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. 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, "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 23 OF 37 PUBLIC HEARINGS 405. Office Of The City Attorney Requests That The City Commission Approve On Second Reading Ordinance Number 2003-41, Amending Chapter 10, Article III, Adult Entertainment Establishments, Related To Adult Entertainment Establishments And Sexually Oriented Businesses And More Specifically Regarding Legislative Findings, Licensing, Conduct Regulations, And Penalties. (This Agenda Item Has Been Rescheduled To The January 26, 2004 Regular City Commission Meeting Because The Newspaper Failed To Publish The Advertisements Submitted By The City). PUBLIC HEARINGS 406. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance Number 2004-03, Regulating Adult Arcade Amusement Centers; Providing A Definition Of Adult Arcade Amusement Center; And Providing For Zoning And Locational Standards, Operational Standards, Permit, License And Other Standards. (This Agenda Item Has Been Rescheduled To The January 26, 2004 Regular City Commission Meeting Because The Newspaper Failed To Publish The Advertisements Submitted By The City). PUBLIC HEARINGS 407. Community Development Department - Planning Division Requests That The City Commission Consider Second Reading/Adoption Of Ordinance 2003-40 Amending Section 9-281 Of The Winter Springs' Code To Allow For Vinyl As An Acceptable Dumpster Screening Material For Existing Dumpsters Which Need To Come Into Compliance With Section 9-281 By March 1, 2004, And Requests That The City Commission Adopt Standard Details To Be Made Available To Affected Parties And That They Exempt These Dumpsters From Compliance With The Zoning Setback Requirements Generally Applied To Accessory Buildings And Structures. (This Agenda Item Has Been Rescheduled To The January 26, 2004 Regular City Commission Meeting Because The Newspaper Failed To Publish The Advertisements Submitted By The City). PUBLIC HEARINGS 408. Public Works Department Requests That The City Commission Consider First Reading Of Ordinance 2004-01 Amending Chapter 19, Article V, Of The City Code Of Ordinances, Entitled Stormwater Management Utility. Mayor Bush stated, "Could I have a Motion to read by 'Title' only?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 24 OF 37 "SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mf. Lockcuff spoke on this Agenda Item. 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. Discussion. "MOVE FOR APPROVAL." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED, IN THE ORDER DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 25 OF 37 REGULAR REGULAR 510. Office Of The City Clerk Respectfully Requests That Commissioner Sally McGinnis Make An Appointment To The Board Of Adjustment. COMMISSIONER McGINNIS STATED, "MY APPOINTMENT IS CATHERINE FAIRCHILD - SHE RESIDES AT 116 SOUTH EDGEMON AVENUE." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 511. Office Of The City Clerk Respectfully Requests That Commissioner Robert S. Miller Make An Appointment To The Beautification Of Winter Springs Board. COMMISSIONER MILLER STATED, "I WOULD LIKE TO APPOINT LORI ROERO" TO THE BEAUTIFICATION OF WINTER SPRINGS BOARD. MOTION. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush called a recess at 6:34 p.m. The Meeting was called back to order at 6:46 p.m. Tape 2/Side B Commissioner McGinnis was presented with a cake in honor of her Birthday. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 26 OF 37 REGULAR 512. Office Of Commissioner David W. McLeod Requesting Discussion Of The Range Of Fines Authorized Under The Tree Ordinance Which Can Be Assessed By The Code Enforcement Board. Commissioner McLeod introduced this Agenda Item, Manager McLemore returned to the Commission Chambers at 7:48 p,m, Much discussion. Commissioner Miller spoke for the record on the Villagio property. Mayor Bush stated, "I talked to the [City] Manager today about possibly trying to get something on the utility bill and maybe when someone comes in to get - their water hooked up, that they could be given some information specifically about this." Further discussion. Commissioner McLeod suggested, "I think that we need to take a look at - other areas - how their fines are or we put a cap on these fines." With further discussion, Commissioner Blake stated, "I think maybe Staff could take a look into the Code Board perhaps at the Attorney's office and sort of review and report back to us the level of expertise that they are showing on there and perhaps give us some idea of how we might be able to help them do the job even bettef." Commissioner Miller then stated, "I would like to see the City Manager bring to us an Information Item at the next Meeting, identifying the four (4) cases, if the Contractors were licensed or not, and if they didn't pull a permit, then I think we need to take a serious look at making certain that the City from now on goes after the Contractor with a lot more vigilance than we have in the past." Commissioner McGinnis stated, "I believe that abuses will continue forever unless we continually get the information out and the education out to the community, not once, not twice but ongoing, every way we can - if it means on every utility bill, just a reminder, it could be three (3) sentences - 'alert', a newsletter statement, every newsletter, when permits are issued - all of those should be employed all the time." Mayor Bush suggested that "I think we're starting to need to put up tree cutting signs throughout the City telling people about this." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 27 OF 37 Commissioner Blake agreed with the need for educating residents and added, "We do send out water bills to the vast majority of our residents on a monthly basis, that does have - some space on there where we can put notes - we can probably even put flyers in there, there is probably a way to do that I think Ron [McLemore] - these are all excellent ways to get information out. We have our Website. Even the Mayor's idea of posting signs around, I think there probably are ways," Commissioner Blake then spoke on the Arbor Ordinance and stated, "I believe that that Ordinance was a unanimous Vote - I will check on that tomorrow," Commissioner McLeod said, "Somebody had mentioned to have - perhaps the City Attorney's office to take the four (4) cases, look at the four (4) cases that are here in front of us this evening on the prior Ordinance," Tape 3/Side A Commissioner McLeod added, "We have alternative things here - given to us by Staff that says - we can maintain the current level of fines; we could amend the current level of fines by telling them what we want it to be; or they could research - fines imposed by other local governments and return the results to the Commission for review." Commissioner McLeod then said to Manager McLemore, "Was 3. done as really checking into other communities or did we come up with the fines we now have in the present Ordinance by some mathematical method?" Commissioner McLeod added, "Did we check all the other communities to find out - our fine levels, are we right with our fine levels?" Manager McLemore responded by saying, "To the best of my knowledge, we did not review the fine schedules of other cities - we reviewed the contents of Ordinances and that type of thing." Further discussion ensued with Captain Glenn Tolleson, Police Department. Commissioner McLeod stated, "I think from a standpoint, even if it may go through the process and they take it to Court Ron [McLemore] and then they come back to us, I think we should have that information in front of us. I think we should be aware that they were all done consistently, or there was something that wasn't consistent with one of them, for whatever the reason." Commissioner McLeod added, "I think we all should still go back and look at this - these four (4) cases and find out how they line up" and how these relate to the old and new fines, and whether it would apply to the Contractor or the resident. "I WOULD LIKE TO MAKE A MOTION BASED ON THIS, I WOULD LIKE THE FOUR (4) CASES TO BE LOOKED AT, IN THE FASHION THAT I HAVE ASKED HERE - A FEW MOMENTS AGO - AND THEN I WOULD ALSO LIKE TO - RESEARCH OUR FINES THAT ARE IMPOSED BY OTHER LOCAL GOVERNMENTS AND RETURN THOSE RESULTS TO THE COMMISSION- SEEING THAT, WE HAVEN'T REALLY DONE THAT. TELL US WHAT OURS IS COMPARED TO THE OTHER MUNICIPALITIES SURROUNDING US." MOTION BY COMMISSIONER McLEOD. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 28 OF 37 COMMISSIONER McLEOD ADDED, "I WANT TO KNOW WHAT CASSELBERRY IS DOING; I WANT TO KNOW WHAT OVIEDO IS DOING; AND I WANT TO KNOW BASICALLY - SEMINOLE COUNTY, WHAT IS GOING ON WITHIN OUR COUNTY." COMMISSIONER McLEOD THEN SAID, "IF YOU WANT TO ADD THE OTHERS IN, FINE, I WOULD STILL LIKE TO KNOW WHAT SEMINOLE COUNTY IS DOING - THE CITIES THAT ARE SURROUNDING US." MAYOR BUSH ASKED COMMISSIONER McLEOD, "DO YOU WANT TO PUT A DATE TO HAVE THAT BACK BEFORE THE COMMISSION IN YOUR MOTION?" COMMISSIONER McLEOD STATED, "SIXTY (60) DAYS IS REASONABLE." SECONDED BY COMMISSIONER McGINNIS. Commissioner Miller left the dais at 8:40 p,m, VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE Commissioner Miller returned to the dais at 8:41 p.m, COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 513. Community Development Department Requests That The City Commission Consider A Wall Sign Proposed For The Tijuana Flats Restaurant At Building Number 1, Within The roc Calhoun Town Center Site. Mf. Baker introduced this Agenda Item. Discussion. "MOTION TO APPROVE STAFF RECOMMENDATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 29 OF 37 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner McLeod stated, "On that site - that drawing you had up there - as you come around - and head up Tuskawilla Road, on the bottom drawing there - the single doorway - what is going on with that single doorway?" Manager McLemore stated, "It is something that we are working on now, which may very well wind up in front of you at the next Meeting, or the Meeting after that, but it is definitely a problem," Commissioner McLeod added, "I would have to agree with you." REGULAR 515. Office Of The City Clerk Respectfully Requests That The City Commission Review Information Related To A Previous Decision Regarding The Placement Of "Reports" And Decide Where "Reports" Should Be Placed On Future Agendas. Mayor Bush spoke on this issue. Mayor Bush stated, "Do you want to continue the second Meeting with the Reports being first, or not?" Commissioner McLeod stated, "I would say no - leave them on the end where they have been." Commissioner Blake said, "I say continue to alternate." Deputy Mayor Martinez added, "Me too." "MOTION TO CONTINUE TO ALTERNATE." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. MAYOR BUSH STATED, "WE HAVE A MOTION TO ALTERNATE REPORTS BETWEEN THE FIRST AND SECOND MEETING." "I WOULD LIKE TO AMEND THAT MOTION THAT WE DO NOT AL TERNA TE." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 30 OF 37 COMMISSIONER BLAKE STATED, "YOU HAVE TO NOW READ THE MOTION AS AMENDED WHICH IS 'TO CONTINUE TO AL TERNA TE AND DO THEM AT THE END'." FURTHERMORE, COMMISSIONER BLAKE STATED, "IT IS QUITE CLEAR THAT THREE (3) PEOPLE JUST WANT TO MOVE THEM TO THE END, AND THAT THAT IS THE PLEASURE OF THE COMMISSION, AND THAT IS WHAT WE DO." WITH FURTHER DISCUSSION, MAYOR BUSH ALSO SAID, "I THINK THE INTENT OF THREE (3) OF THE COMMISSIONERS IS TO LEAVE - THE SEATS AT THE END." REGULAR 516. Not Used. REGULAR 517. Office Of The City Manager Requesting The Commission To Delay Further Consideration Of Contracting With Seminole County For Fire And EMS Services Until Such Time As The City Commission Is Ready To Open A Fully Manned Third Station. Manager McLemore presented his introductory comments related to this Agenda Item. Mr. Robert Frank, Deputy County Manager, County of Seminole, 1101 East First Street, Sanford, Florida: briefly addressed the City Commission on this mattef. Discussion. "MOTION TO APPROVE MANAGER'S REQUEST FOR ITEM '517'." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Commissioner McLeod stated, "I am glad to see that the Fire Department is - sticking with us." VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE310F37 ADD-ON REGULAR 518. Office Of The City Manager Requesting The City Commission Hear The Status Report Of The Building Services Study By Mr. Skip Burnside Of Government Services Group. Mr, Skip Burnside, Government Services Group, GSG, 1500 Mahan Drive, Suite 250, Tallahassee, Florida: presented a Report to the City Commission. ADD-ON REGULAR 519. Community Development Department Requests That The City Commission, In Its Capacity As The DRC [Development Review Committee], Consider A Signage Request By The Transformations II Tanning And Skin Care Tenant Of The JDC Town Center Building Number 8 (For That Part Of The Building Abutting Doran Drive And A Portion Of State Road 434). Mf. Baker presented his introductory comments. "MOTION TO APPROVE STAFF RECOMMENDATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 32 OF 37 REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "My Report is going to be fairly extensive, Mr. Mayor - I have requested to go last." Mayor Bush stated, "Okay." .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM, WHICH WAS FORMERL Y LISTED ON THE AGENDA AS CONSENT AGENDA ITEM "204", WAS HEARD NEXT, AS IT HAD BEEN MOVED TO THE END OF THE AGENDA, AS DOCUMENTED. .:. .:. (FORMERL Y LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "204") 204. Finance Department Requesting The Commission Approve Resolution 2004-01 Which Designates The City Manager And The City Controller As Authorized Representatives To Execute Documentation Required By Bank Of America On Behalf Of The City Of Winter Springs. Commissioner Blake stated, "I simply ask that the words are placed either in one or both documents that suggest that any action requires two (2) signatures." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ONLY THE DOCUMENT THAT WAS OFFERED BY OUR ATTORNEY - RESOLUTION NUMBER 2004-01 WITH THE ADDITIONAL LANGUAGE THAT REQUIRES - TWO (2) SIGNATURES OF THE NAMED INDIVIDUALS TO TRANSACT BUSINESS." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Blake added, "I would like to further suggest that if the Bank of America has issue with us not providing this Resolution on their document, it is probably about time that we took a look at some of the other banking institutions that are now available and doing business in Winter Springs." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 33 OF 37 .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED, AS DOCUMENTED. .:. .:. REPORTS REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces asked if the City Commission wished to do something special for an Advisory Board member who recently passed away. With discussion, Commissioner Blake suggested, "A Resolution of appreciation and perhaps just call some of the family members in to make a presentation here in our Chambers would be appropriate." Mayor Bush added, "Continue the current practice." Secondly, City Clerk Lorenzo-Luaces advised the City Commission about Congressman Tom Feeney's Town Hall meeting here tomorrow evening, Tuesday, January 13, 2004 from 6:00 p.m. - 8:00 p.m. REPORTS 603. Commission Seat Five - David W. McLeod Commissioner McLeod stated that he recently attended an Oak Forest Wall and Beautification District Advisory Committee Meeting and suggested that Members "Get a look at their Charter, how it is outlined - what they are there to do; and also be more proactive in helping set the Budget and understanding what is in the Budget for that particular District." Commissioner McLeod added, "There is some more information that is supposed to come from - Staff back to those folks, and I hope that we get back to them as soon as possible - at their next Meeting. REPORTS 604. Office Of The Mayor - John F. Bush . State Of The City Message Mayor Bush began his "State of the City" Message. Tape 3/Side B Mayor Bush concluded his "State of the City" Message. Next, Mayor Bush remarked about Utility Billing and inquired, "Are we making any progress on getting our Utility Billing straightened out?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 34 OF 37 REPORTS 605. Commission Seat OnelDeputy Mayor - Robert S. Miller Commissioner Miller stated, "I would like the City's Public Works Department to take a look at all of our stornlwater areas and start cleaning them up - particularly - between Mocking Bird [Lane] and Winding Hollow." Next, Commissioner Miller spoke of problems with getting City water bills into the envelopes and stated, "I wonder if it might not be possible for the City Manager to take a personal interest in designing an envelope that you can easily put - not only the City's water bill- but also your check in there and send it in." Commissioner Miller mentioned the Scottish Highland Games planned for this coming weekend at Central Winds Park and suggested that everyone attend. REPORTS 606. Commission Seat Two - Michael S. Blake Commissioner Blake stated, "Happy New Year" to all. Commissioner Blake spoke of the Wyman Fields organization, being contacted by the media regarding this issue and stated, "I would like to have some sort of an update, especially when events of that sort happen on a more regular basis and at this stage, I would like to know exactly where we stand with the project." With brief discussion, Commissioner Blake inquired, "And where will we stand financially?" Manager McLemore responded, "I will have to give you some new projections on that. I furnished those to you some months back, and I can give you an update on it." Commissioner Blake added, "I would be very interested to know where we stand now, as well as - perhaps this is something that ought to be put together as an Agenda Item - where do we go next." REPORTS 607. Commission Seat Three - Edward Martinez, Jr. Also related to the Wyman Fields organization, Deputy Mayor Martinez stated, "What I would like, along with what Commissioner Blake requested, from the City Manager is an Informational Item spelling out exactly where we stand as far as money is concerned - whether it is projected or not? Can we have that?" Manager McLemore responded by saying, "Sure." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 35 OF 37 Deputy Mayor Martinez commented on the Scottish Highland Games and said, "The ad on TV, does not mention Winter Springs, and I think it is important that next year or thereafter - it says Seminole County and it is not Seminole County, it is Winter Springs - and I think that should be corrected." Next, Deputy Mayor Martinez also asked about the status of the Dock Ordinance, Manager McLemore stated, "Your Consultant needed a little more time to finish his work - he will be on your next Agenda." Deputy Mayor Martinez then stated, "I think that we ought to pay attention to what we are saying up here as individuals, instead of talking to each other, so that you know that remarks are not addressed at yOU." Lastly, Deputy Mayor Martinez spoke of being told to be careful of his "decorum" in relation to now being Deputy Mayof. .:. .:. AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 605. Commission Seat One/Deputy Mayor - Robert S. Miller Commissioner Miller spoke briefly about Wyman Fields being in New York and then said, "I will review the tape." .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented on Public-Private Partnerships such as the Wyman Fields organization and suggested, "This was an exception - I hope that would not be a deterrent for us to continue to seek out Public-Private Partnerships in the future." Deputy Mayor Martinez departed the Meeting at 9:32 p.m, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 36 OF 37 Commissioner McGinnis stated that "CALNO has requested that all the cities who belong to CALNO [COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY] go back to their cities and find out - number one, if the CALNO [COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY] Membership is designated on the Website - and they would like for that to be noted on every Web site that the City is a Member of CALNO [COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY]." Mayor Bush stated, "We should be able to take care of that - and the League of Cities too. " Next, Commissioner McGinnis remarked about the traffic light at the new school and stated, "If we could have a Letter - probably from the Mayor on behalf of the Commission - recognizing that they have denied this request but also once school starts, and there is a problem, it takes months to get a light, and by that time it is too late, So, if we could begin that process. Mayor Bush said, "I will get with Kip [Lockcuff] and the Manager and put a letter togethef. I will have the Clerk run it by all of you for your comments before we send it." Commissioner McGinnis then stated, "I think our new Web site looks great." Regarding City Utility bills, Commissioner McGinnis spoke for the record that she has not had any troubles with the bill. Commissioner McGinnis then stated, "This week or next week, the Oviedo Chamber of Commerce is holding a joint meeting with Winter Springs." Manager McLemore stated, "It's on my calendar to stand in for you [Mayor Bush]." Mayor Bush added, "The Deputy Mayor should go." Manager McLemore added, "I think so." Commissioner McGinnis then asked, "When is it - I would like to go." Commissioner McGinnis then asked City Clerk Lorenzo-Luaces, "When somebody is appointed to a Board, are they given an Orientation on the charge of their Committee?" City Clerk Lorenzo-Luaces stated, "Yes." Lastly, Commissioner McGinnis added, "Happy New Year everybody." .:. .:. AGENDA NOTE: THE FOLLOWING TWO (2) REPORTS WERE PRESENTED NEXT, IN THE ORDER DOCUMENTED. .:..:. REPORTS REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush suggested starting Meetings at an earlier time - 5 :00 p,m, and added, "I would like the Commission to consider that for the future." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 12,2004 PAGE 37 OF 37 REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore spoke on Town Center walls and stated, "I am asking for the direction from you to allow us to bring an Ordinance next week to where the current problem we have relative to these dividing walls - we will never have again. And secondly, I would like to ask for the authority from you to enter into an agreement with a consultant whom I just mentioned a minute ago from' Street Sense'." "I MAKE A MOTION THAT WE ACCEPT HIS TWO (2) POINTS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Meeting at 9:50 p,m. TFULLY SUBMITTED: -- -LORENZO-LUACES, CMC LERK ~'APPROVED: '\.~ '\ .~.. ... ~- .~~-~'...- ~ ;'. - ,"- .~ '-~ ~ ~ -:J-.~ ,.; - .(~-: . ; - ;: - ;,-. ;... ~. ...:.. -: "~F.~~ BJJS.:1B- ". -- _ . -.$I _ c;:, d" /" - ~vFAYOE:-- ~-y .:c <-!>~>-. --'~.~:~-f:';"'~-_.~ NOTE: "These Minutes were approved at the January 26 ,2004 Regular City Commission Meeting.