HomeMy WebLinkAbout_2003 09 08 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
SEPTEMBER 8, 2003
CALL TO ORDER
The Regular Meeting of Monday, September 8, 2003 of the City Commission was called
to order by Mayor John F. Bush at 6:40 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, present
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, present
Following a moment of silence, the Pledge of Allegiance was led by Mayor Bush.
During a brief discussion of Agenda Changes - Regular Item 27 - "I," Manager
McLemore stated, "We have had a request to remove that from the Agenda tonight."
Mayor Bush said to Manager McLemore, "Do you expect this to be on the next Agenda?"
Manager McLemore responded, "I would hope so." Mayor Bush added, "Regular 'I' has
been pulled and will be on a future Agenda."
AWARDS AND PRESENTATIONS
None.
PUBLIC INPUT
Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke about a piece
of property that might be a suitable replacement for the temporary Paw Park.
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Mr. Mike Perry, 423 Quay Assisi, New Smyrna Beach, Florida: handed out a photograph
and then commented on the Ordinance that deals with dumpster screening. Mr. Perry
spoke of property he owns in Winter Springs (424 North Edgemon Avenue) and asked
that this Ordinance be reconsidered. Mr. Perry then stated, "I'd be glad to put a gate in
the front, or some other type enclosure, but to have to put a concrete block wall that
meets all those codes with engineering specs and everything. ..)."
Discussion ensued on whether a Variance was needed for this Property Owner. Mayor
Bush said to Mr. Perry, "You need to probably talk with Mr. [John] Baker, [AICP, Senior
Planner, Community Development Department]; or Eloise [Sahlstrom, AICP, AS LA,
Senior Planner, Community Development Department]; or the [City] Manager [Ronald
W. McLemore] about procedures on how to move forward." Mr. Perry then stated, "I
had asked her about a Variance and you know, she told me I would have to show some
kind of hardship and it would only be financial." Mayor Bush said, "Talk to Mr.
McLemore then." Mr. Perry responded by saying, "Okay, I'll do that."
Commissioner Michael S. Blake said, "How does Staff, Mr. McLemore explain to folks
what is required in order to receive a Variance?" With further discussion, Commissioner
Blake stated, "If they think they have to show some sort of hardship, I don't recall that
being one of the six (6) Criteria - in fact I believe it is not even one of the six (6)
Criteria." Commissioner Blake then added, "When the gentleman just said to this
Commission that when he asked about a Variance, he was told he said, that he would
have to show some sort of a hardship, and whether or not that is what he was told, if that
is what he heard, then we are not doing a good enough job in making sure folks
understand what is required to go through the Variance process and be successful."
Manager McLemore said, "I agree."
Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: on behalf of the
Highlands Homeowner's Association, Ms. Schwarz discussed an email and remarked
about the proposed Dollar General store. Ms. Schwarz also noted her concerns with the
construction materials for the wall, and Traffic Study issues. As a citizen, Ms. Schwarz
then spoke in opposition to the Agenda Item which deals with a proposed billing rate
increase for the City's Labor Attorney.
Mr. Dennis Barr, 11 0 'Calty Lane, Orlando, Florida: spoke in favor of the Scottish
Highland Games Agenda Item.
Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: spoke on
Agenda Item Regular 'I' (which has just been pulled from tonight's Agenda) and hoped
the City Commission would "Stand firm with Developers on this issue." Ms. Tackaberry
also commented on the new Arbor Code which is being reviewed by Attorney Garganese
and suggested that it be placed on an upcoming Agenda.
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City Attorney Anthony A. Garganese stated, "It is coming for First Reading at the next
Commission Meeting."
Ms. Marsha Lapp, 307 Woodleaf Drive, Winter Springs, Florida: spoke in opposition to
new taxes.
Mr. Harold Scott, 374 Twelve Oaks Drive, Winter Springs, Florida: remarked that the
Minutes from the August 25, 2003 City Commission Regular Meeting that are on this
Agenda for approval, are different from the audiotape.
Mr. Byron Giltz, 1001 Troon Trace, Winter Springs, Florida: commented in favor of the
Agenda Item dealing with the removal of a tree in the Greenbriar subdivision.
PUBLIC HEARINGS (PART I)
PUBLIC HEARINGS
1. A. Office Of The City Manager
Requesting That The City Commission Hold A Public Hearing Relative To The
Approval Of Resolution Number 2003-33, Which Establishes The Tentative
Operating Millage Rate For Fiscal Year 2003-2004 For The City Of Winter Springs
At 4.4196 Mills Which Is 12.28% Above The Rolled-Back Rate Of 3.9362 And The
Tentative Voted Debt Service Millage Rate For Fiscal Year 2003-2004 For The City
Of Winter Springs At .2500.
During a brief discussion on the Budget, Manager McLemore stated that "What we have
adopted has been what you directed at the last Budget Session. We have included those
things. There is the new issue on the Table relative to ADA - I did point out to you that
does have some Millage implication. We can certainly take that under consideration
when we deal with the Budget."
Mayor Bush opened the "Public Input" portion of this Agenda Item.
Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: asked where
money is going and did not think the Millage Rate should be increased.
The "Public Input" portion of this Agenda Item was closed.
With discussion, Commissioner Sally McGinnis stated, "I would encourage all of you to
stay tuned to the Winter Springs Website during the next cycle of Budget Hearings, and
please attend" future Budget Workshops.
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Discussion.
"I WILL MAKE A MOTION THAT WE - APPROVE THIS RESOLUTION 2003-
33." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION.
VOTE:
DEPUTYMAYORMILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
2. B. Office Of The City Manager
Requesting The City Commission Hold A Public Hearing Relative To The Approval
Of:
· Resolution Number 2003-34, Establishing The Tentative Budget For Fiscal Year
2003-2004.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"MOTION TO APPROVE RESOLUTION 2003-34." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
COMMISSIONER BLAKE SPOKE OF THE BUDGET PROCESS AND
SUGGESTED, "MAYBE WE OUGHT TO BE REQUIRED TO SEND OUT A
NOTICE THAT SAYS, WE ARE WORKING ON THE BUDGET, NOW IS THE
TIME TO COME IN AND START TALKING TO US."
Tape I1Side B
FURTHER DISCUSSION.
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VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
CONSENT
CONSENT
3. A. Community Development Department
Requesting Commission Approval And Acceptance Of The Naming Of Three
Streets Beginning With The East State Road 434 Entrance Into Winter Springs
High School And Central Winds Park.
(This Agenda Item Will Be Scheduled For The September 22,2003 Agenda).
CONSENT
4. B. Finance Department
Recommending The City Commission Adopt Resolution 2003-29 Which Provides
For The Commissions Approval Of The Assessment Rolls For The Oak Forest Wall
And Beautification District And The Tuscawilla Lighting And Beautification
District For FY 200312004 And Directs That The Assessment Rolls Be Certified To
The Seminole County Tax Collector.
Discussion.
CONSENT
5. C. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Execute The
Agreement Between The City Of Winter Springs And The Scottish American
Society Of Central Florida, Inc.
CONSENT
6. D. Public Works Department/City Forester
Recommends Removal Of Trees Located At City Hall That Are Currently A
Maintenance Problem Due To Health And Location.
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CONSENT
7. E. Public Works Department
Requesting Authorization To Pursue FDOT [Florida Department Of
Transportation] Safety Funds For The Turn Lane On To Moss Road From State
Road 419.
CONSENT
8. F. Information Services Department
Requesting Authorization To Purchase Equipment From State Contract To
Complete Two (2) Projects On Information Technology Strategic Plan.
CONSENT
9. G. Office Of The Mayor
Resolution Number 2003-38 - A Resolution Of The City Of Winter Springs, Florida,
Expressing Appreciation To Bill Fernandez For His Service On The Planning And
Zoning Board/Local Planning Agency.
CONSENT
10. H. Office Of The Mayor
Resolution Number 2003-40 - A Resolution Of The City Of Winter Springs, Florida,
Expressing Appreciation To Jerry Ross For His Service On The Code Enforcement
Board.
CONSENT
11. I. Parks And Recreation Department
Requesting Approval To Make Changes In The Florida Recreational Development
Assistance Program Grant (FRDAP) Approved On August 11, 2003.
Discussion.
CONSENT
12. J. Office Of The City Clerk
Approval Of The August 25, 2003 City Commission Regular Meeting Minutes.
Commissioner Blake stated, "I would like to have Item '12.' pulled off the Agenda for
separate consideration."
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"I MAKE A MOTION THAT WE - APPROVE THE CONSENT AGENDA, WITH
THE EXCEPTION OF ITEM '12.'" MOTION BY DEPUTY MAYOR MILLER.
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS
DISCUSSED SEPARATELY, AS DOCUMENTED. .:..:.
CONSENT
CONSENT
12. J. Office Of The City Clerk
Approval Of The August 25, 2003 City Commission Regular Meeting Minutes.
"I WOULD LIKE TO MAKE A MOTION TO TABLE ITEM - CONSENT 'J.'"
MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
COMMISSIONER BLAKE EXPLAINED THAT, "WE HAVE HAD A MEMBER
OF THE PUBLIC QUESTION THE VALIDITY OF THE MINUTES, AND I
THINK IF WE JUST TABLE IT BEFORE WE APPROVE IT - WE WILL GIVE
THE CLERK AN OPPORTUNITY TO HAVE HER STAFF LOOK THROUGH
THERE AND MAKE ABSOLUTELY CERTAIN THAT IT IS CORRECT."
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
Mayor Bush said to Ms. Andrea Lorenzo- Luaces, City Clerk, "I think what the
Commissioner was indicating Andrea [Lorenzo-Luaces], that you would have a chance to
look these over."
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INFORMA TIONAL
INFORMATIONAL
13. A. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
Commissioner Edward Martinez, Jr. stated, "I am just requesting that they remove from
the list the 'Little Cypress' item." Mayor Bush added, "That is a good point - take it off."
Manager McLemore said, "We'll do it."
INFORMATIONAL
14. B. Public Works Department
Advising The City Commission Of The Status Of Various Capital Improvement
Projects.
INFORMATIONAL
15. C. Public Works Department
Advising The City Commission Of The Quantity Of Garbage Complaints This Year.
INFORMATIONAL
16. D. Information Services Department
Wishes To Update The Commission On The Status Of The LT. [Information
Technology] Plan Created In FY 2002.
"MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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PUBLIC HEARINGS (PART II)
PUBLIC HEARINGS
17. C. Office Of The City Attorney
Requesting The City Commission Adopt On Second And Final Reading Ordinance
2003-33 Relating To The Creation Of A Local Public Nuisance Abatement Board, In
Accordance With Chapter 893, Florida Statutes.
Attorney Garganese read the Ordinance by "Title" only.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I WILL MAKE A MOTION TO APPROVE ITEM 'c' - ORDINANCE 2003-33."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
PUBLIC HEARINGS
18. D. Office Of The City Attorney
Presents To The City Commission For Approval On First Reading Ordinance 2003-
37 Relating To The List Of Permitted Uses Within The 1-1 Industrial Zoning
District To Clarify That Contractor Storage Yards Are An Allowed Use.
Mayor Bush said, "Could we have a Motion to read by 'Title' only?"
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
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VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only and stated, "This is going to be
First Reading. If approved on First Reading, we are going to advertise this Ordinance for
two (2) more Public Hearings pursuant to the Florida Statutes. The Commission did
direct that this Ordinance be prepared to address the concerns that were raised by the
Industrial property owners during the Administrative Rezoning process at the last
Commission Meeting. At that Meeting, I opined that storage yards are still permitted in
the new Industrial Zoning District, but we are going to add some clarifying language to
give those property owners a level of comfort they had under the previous Ordinance
which specifically spelled out that contractor equipment and material storage yards are a
Permitted Use in the Industrial Area."
Commissioner Blake inquired of Attorney Garganese, "Is there any reason why we can't
delay the future Readings while we go through the Workshop process to add the other
uses that we desired to be placed into the 'I-I' Zone, and then just fold up into one
amendment?" Discussion.
Mayor Bush opened the "Public Input n portion of this Agenda Item.
No one spoke.
The "Public Input n portion of this Agenda Item was closed.
"I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2003-
37 TO A SECOND HEARING AT SOME FUTURE DATE." MOTION BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
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.:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS
WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:.
REGULAR
REGULAR
25. G. Community Development Department
Requests That The City Commission Remove From The Table The Final
Engineering/Site Plan And Proposed Building Rendering For The Dollar General
Store, Along With The Removal Of Four (4) Healthy Specimen Trees.
Mayor Bush stated, "Requests That The City Commission Remove From The Table The
Final Engineering/Site Plan And Proposed Building Rendering For The Dollar General
Store, Along With The Removal Of Four (4) Healthy" Specimen Trees.
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: NAY
MOTION CARRIED.
Mr. Baker introduced this Agenda Item to the City Commission and stated, "The Site
Plan remains unchanged - we do have a new Building Rendering from where the
Applicant did meet with the City Manager and came up with this much more aesthetically
appealing design."
Mr. Dennis L. Wood, PE., 1925 Bartow Road, Lakeland, Florida: as the Site Engineer
for this project, Mr. Wood addressed the City Commission regarding the changes that
have been made.
Commissioner McGinnis asked Mr. Wood to look at the "Split Faced" of the building
and stated, "In looking at the color rendering, is that gray?" Mr. Wood responded by
saying, "They designate the color as 'Quiver Tan. ", Commissioner McGinnis then said
to Mr. Wood, "It is not that gray, industrial type look?" Mr. Wood said, "Correct."
Commissioner McGinnis then stated, "Okay, that is good. Also - the condominiums on
the other side of this building - that Homeowner's Association has reiterated their request
also that the wall be brick. Furthermore, we would ask that any wall - that there be
something in the Developer's Agreement that would mandate maintaining the wall, and
keeping it clean." Mr. Wood said, "We have it identified as a 'Split Faced Block' wall
which would be painted the same color - as the Faced Block on the other."
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Mr. Wood then explained, "If you have been to the site and you stand in this area here -
along this area here, that is probably about fifty (50) to 100 feet from the property line
here is a group of real large Oak Trees that has a canopy that goes down basically to the
ground. If you back this way, you can't even see these condos - and we are planning
along that side there, just as a hedge - a continual hedge that goes around this side, along
this side - if you will see the block wall, we show these brick - the reason we show this,
they may be more than a couple of them, but there - this whole side is heavily wooded
also - a lot of trees are not shown here. Our intentions are not to remove those trees, they
will remain in place and we'll put the wall around the trees as best we can."
Furthermore, Mr. Wood stated, "The question was asked last time, above the 'Split Faced
Block,' this area here, there is no metal building features to this one; the metal building is
no longer a portion. This is all conventional type construction - 'Split Faced Block,'
above it will be stucco finished block and - and those are mostly - they look like real
windows, but they're kind of windows - I call them fake windows, but you can't tell
they're not real windows unless you go inside." Mr. Wood then spoke of landscaping
and commented on the plantings along the perimeter - "There is a substantial lot of
plantings along the west side, along the perimeter there that basically is on a kind of a
berm above the retention pond."
Next, Commissioner McGinnis inquired, "What color is the roof?" Mr. Wood stated,
"They identify it on the plans as white - and there is nothing sacred about the white."
Mr. Wood then said, "The color of the roof, and actually the color of the building if you
wanted to - we are still going to have- if you vote to approve this - we're still going to
have some time of going through the building permit process if someone from the City or
someone from this Commission wants to - look at more depth to it and have a better idea
of maybe another color blend - I don't think there is anything sacred about the color."
Commissioner McGinnis stated, "I would recommend that be changed. And what do you
have against real windows? Why are they not real windows?" Discussion.
Commissioner David W. McLeod said to Manager McLemore, "I have to commend you
for what you have done, in a short turnaround time. I think it is a 110 percent better
looking building than what we were looking at a couple of weeks ago - and directed Staff
- to look at those windows, what are they made out of?" Commissioner McLeod then
said to Manager McLemore, "I would direct you to - with this Commission to give
direction that perhaps we use the same type material that we are using on the windows
over here - presently at the Town Center."
Discussion.
Deputy Mayor Robert S. Miller said to Mr. Wood, "The north wall, the north face, the
back lot of your building - the back lot line opens up on the golf course, and there is a lot
of residential stuff back there. I would prefer to see a wall on the north side."
Furthermore, Deputy Mayor Miller added, "The wall on the east is good, but the - lack of
a wall on the north seriously concerns me. I would like to see that included."
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Next, Deputy Mayor Miller spoke on the proposed State Road 434 Village Walk, and
stated, "We are going to put special lighting in on [State Road] 434. There is already
special lighting on Sheoah Boulevard. It is 'Acorn' type lighting - we have 'Acorn'
lighting in our Town Center. We are going to have 'Acorn' lighting along that roadway
and I would seriously like to see you consider putting 'Acorn' lighting in the parking lot."
Regarding traffic, Deputy Mayor Miller suggested that Staff consider traffic concerns
such as potential u-turns and turning into the Highlands community. Deputy Mayor
Miller also suggested that the entrance location be reconsidered.
Commissioner Blake left the Commission Chambers at 8:14 p.m.
Deputy Mayor Miller then stated, "I really prefer brick walls if at all possible. In that
area I think it deserves a brick wall."
Tape 2/Side A
Next, regarding lighting issues, Mr. Baker stated, "If you look on your Lighting plan that
is a part of the site plan in your packet, you will notice that they have not only the
photometries, but they show the downward directed shoebox type lighting, so that would
be a change to what was approved." Deputy Mayor Miller added, "I am not happy with
the blueprints, the way they show up and I don't want someone to stand here with their
Attorney six (6) months from now and say, well I am sorry, this is what was approved."
Commissioner McGinnis asked, "I want to know what your plan is for how you are going
to do your display." Mayor Bush added, "They want to see what the store is going to
look like with your name on it, etcetera."
Commissioner McLeod spoke of building materials and stated, "I think the' Split Faced'
is fine, but I do think the top of that 'Split Faced' should not necessarily just be a poured
top lintel - I think you need to put a cap on top of that wall. I think that would dress that
wall up and be something more of what Commissioner Miller may be looking for. I think
that would give it a -little richer ending to the 'Split Faced', than what you are doing in
the poured lintel. So, if we do go with the 'Split Faced' Commissioners, I would
recommend that we see that a cap is placed on top - a triangular cap feature on top of this
wall."
Mr. Wood addressed the "Acorn" lighting and stated, "I don't think we will have a whole
lot of problem with that because we are probably talking about four (4)..." Mayor Bush
added, "... So you would agree to that, if that is the case?" Mr. Wood responded, "Yes."
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Mayor Bush then asked Mr. Wood about "The brick wall on the east side." Mr. Wood
. responded, "What we would like to do is put the cap on the wall like the Commissioner
suggested - make it look a little nicer instead of putting just the poured lintel on the top,
which will dress it up. It matches the building - from the maintenance standpoint. At the
same time they do their maintenance on the building, they can do the same maintenance
on the walls at the same time. If it's necessary to do increased maintenance on the wall
we will make sure that happens."
Next, Deputy Mayor Miller referred to the artist's rendering, and commented on the
landscaping as presented, and stated, "I would like to see these trees actually look like
that when this store opens."
"I WOULD MAKE A MOTION THAT WE DO APPROVE THE SITE PLAN
WITH THE FOLLOWING CHANGES: CHANGE - THE COLOR OF THE
SHINGLES TO BE APPROVED AT A LATER DATE, TO COME BACK
THROUGH WITH STAFF, AND THE TOP OF THE LIGHTS TO BE CHANGED
TO 'ACORN' TYPE LIGHTING...
Commissioner Blake returned to the Commission Chambers at 8:25 p.m.
...AND THAT THE WALL BE THE 'SPLIT FACED' WITH - A TRIANGULAR
CAP ON THE EAST WALL AND THAT THAT CAP NOT BE PAINTED THE
SAME COLOR AS THE REST OF THAT WALL, BUT TO BLEND, EITHER TO
BE A SAND CONCRETE OR TO BLEND WITH THE BUILDING, TO GIVE
SOME DIFFERENCE OF THE TONES." COMMISSIONER BLAKE
INQUIRED, "IS THE COMMISSIONER MAKING A MOTION TO APPROVE
THE SITE PLAN SUBJECT TO THOSE ARCHITECTURAL DETAILS?"
COMMISSIONER McLEOD STATED, "THAT IS CORRECT." MOTION BY
COMMISSIONER McLEOD.
COMMISSIONER McLEOD CONTINUED WITH HIS MOTION AND SAID,
"THEY WILL HAVE LARGER CALIPER TREES." COMMISSIONER
McLEOD THEN ADDED TO HIS MOTION "THAT THE DEVELOPER GET
WITH OUR CITY ARBORIST TO BE ABLE TO PUT IN 'PREFERRED' TWO
(2) LARGER TREES THAT THE ARBORIST WOULD AGREE UPON FOR
THAT AREA." SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
"I WOULD LIKE TO AMEND THE MOTION TO INCLUDE A BRICK WALL
OR WHATEVER THE WALL IS ON THE EAST SIDE THAT EXTENDS
AROUND ON THE NORTH SIDE - OF THE SAME MATERIAL..."
AMENDMENT TO THE MOTION BY DEPUTY MAYOR MILLER. MAYOR
BUSH ADDED, "...AS THE EAST."
MOTION DIED FOR LACK OF A SECOND.
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MANAGER McLEMORE SAID, "JUST A CLARIFICATION, I AM ASSUMING,
THAT AS LONG AS THESE THINGS ARE DONE, THIS DOESN'T HAVE TO
COME BACK TO THE COMMISSION?" MAYOR BUSH STATED, "I
BELIEVE NOT FOR THE SITE PLAN, BUT I THINK THE COMMISSION
WOULD CONTINUALLY WANT TO SEE WHAT THE ARCHITECTURAL
LOOK OF THE BUILDING IS." COMMISSIONER McGINNIS STATED, "I
WOULD LIKE TO SEE IT." DEPUTY MAYOR MILLER SAID, "SO WOULD
I." COMMISSIONER McLEOD ADDED, "I WOULD LIKE TO SEE IT ALSO."
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
REGULAR
21. C. Office Of The City Manager
Requesting The Commission To Adopt Resolution Number 2003-41 Supporting The
Levy Of One Penny Of Local Option Gas Taxes By The Seminole County
Commission To Fund ADA Paratransit Services Beginning FY05 And Forward,
And To Consider A Second Request Of Seminole County To Fund A $45,196.00
Share Of ADA Paratransit Service For FY04.
Manager McLemore spoke on this Agenda Item.
Mr. Kevin Grace, Seminole County Manager, 1101 East First Street, Sanford, Florida:
addressed the City Commission.
With discussion, Mayor Bush stated, "I just want to point out to the Commission that I
was not at the Meeting where the Mayors and the Managers approved this."
Manager McLemore then said to the City Commission, "If you approve this, that it is
done contingent to the - County Commission adopting the one (1) penny, and I think you
should make that as a condition."
Deputy Mayor Miller stated, "I would like to Table the second part of this, and have a
Meeting with the County, and Mr. Grace can be there, whoever else wants to be there."
Deputy Mayor Miller added, "I would like to have a Meeting with the County, as soon as
they want to hold it with whichever Commissioners want to go, and I would like to find
out what exactly is going on."
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 16 OF 30
Mayor Bush said, "Let's address the first Recommendation by Staff to - adopt the
Resolution 2003-41 supporting the County Commission's actions to levy one (1) peIIDY
of Local Option Gas Taxes to fund the ADA Paratransit services beginning in Fiscal Year
'05 and forward."
"AS YOU JUST WORDED IT - I WILL MAKE THAT MOTION." MOTION BY
DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
COMMISSIONER BLAKE ASKED MR. GRACE, "WHAT HAPPENS UNDER
THIS SCENARIO, IF THE BANK PORTION OF THAT RESERVE SHOULD
GROW SIGNIFICANTL Y AND THE FUTURE COSTS ARE NOT
ANTICIPATED TO EVER CATCH UP WITH IT?" MR. GRACE RESPONDED,
"THOSE MONIES COULD BE USED BASICALLY FOR OTHER TRANSIT
PURPOSES. "
COMMISSIONER BLAKE THEN INQUIRED, "WHO WOULD BE DECIDING
HOW THOSE MONIES WOULD BE DIVIED UP, SPENT?" MR. GRACE SAID,
"AT THIS POINT, THE BOARD OF COUNTY COMMISSIONERS WOULD."
COMMISSIONER BLAKE THEN SAID, "I THINK AS WE GO THROUGH THIS
EXERCISE, THAT WE MAY WANT TO HAVE A FURTHER DISCUSSION ON
THAT, BECAUSE IF WE ARE TALKING ABOUT FUNDING CURRENTLY
THAT'S 2.2 TIMES THE CURRENT EXPENDITURE REQUIRED, EVEN IF
YOU HAVE A VERY HIGH GROWTH RATE, GAS TAXES ARE GOING TO
GO UP AS WELL, DUE TO GROWTH." THEN, COMMISSIONER BLAKE
SUGGESTED, "I THINK IT WOULD BE BEST IF WE KNEW HOW THOSE
MONIES MIGHT BE SPLIT UP AT THIS POINT IN TIME."
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Commissioner Martinez said, "I believe that we should demand that LYNX who has the
records, provide us with a list of names and addresses of these nine (9) people that they
serve, and find out how many of those people live within the boundaries of the City of
Winter Springs and how many live within incorporated Seminole County - and then we
should make a decision."
CITY OF WINTER SPRINGS
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REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 170F30
Discussion.
"I WILL MAKE A MOTION THAT WE TABLE THIS ITEM TO A DATE
UNCERTAIN AND THAT WE ASK THE CITY MANAGER AND THE COUNTY
MANAGER TO ARRANGE A MEETING AT WHICH WE WOULD HAVE THE
OPPORTUNITY TO EXPLORE ALL OF THE INFORMATION THAT HAS
BEEN PROVIDED TO US, AND THAT ALSO - SOME LYNX - OR ADA
PARA TRANSIT PEOPLE BE PRESENT TO ANSWER QUESTIONS AND ALSO
TO BRING ALL OF THEIR INFORMATION WITH THEM SO THAT WE CAN
GET ANSWERS TO THE QUESTIONS WE HAVE." MOTION BY DEPUTY
MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
MAYOR BUSH SPOKE OF THE MOTION TO TABLE, AND ADDED THAT
"THE TWO (2) MANAGERS WOULD GET TOGETHER; LYNX WOULD
PROVIDE INFORMATION AND BE PRESENT AT A MEETING; AND THEY
WOULD BRING DATA TO SUPPORT WHAT COMMISSIONER MARTINEZ
HAS RAISED..." COMMISSIONER MARTINEZ STATED, "...THE NAMES
AND ADDRESSES OF THESE NINE (9) PEOPLE."
COMMISSIONER McLEOD ADDED, "LET'S SEE HOW MANY TRIPS PER
WEEK, THOSE NINE (9) PEOPLE TRULY TAKE VERSUS A PROJECTION OF
WHAT THEY MAY DO, BECAUSE THERE COULD BE A BIG DIFFERENCE."
COMMISSIONER McLEOD THEN SAID, "IF LYNX HAS IMPROVED THEIR
SERVICE OF ACCOUNTABILITY - THEN THEY SHOULD BE ABLE TO
TELL US THAT PERSON 'A' IS MAKING SEVEN (7) TRIPS A MONTH, AND
PERSON 'B' IS MAKING TWO (2), BUT 'c' IS MAKING THIRTY (30) - SO WE
HA VE SOME TRUE NUMBERS." COMMISSIONER McLEOD ADDED, "I
WANT TO KNOW NAMES AND ADDRESSES, AND I WANT TO KNOW HOW
MANY TRIPS THOSE PEOPLE ARE ACTUALLY MAKING."
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
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PAGE IS OF 30
REGULAR
20. B. Community Development Department
Requests That The City Commission, In Its Capacity As The DRC [Development
Review Committee], Consider The James Doran Company's Most Recent Request
To Change The Floor Plan And Building Elevations As Part Of The Partition Of
The Remaining Portion Of Building Number 8 (That Part Not Occupied By Leslie's
Pool Supply).
Mr. Baker presented this Agenda Item for discussion and stated, "Since you did approve
the other layout, we have to bring this before you."
Mr. David 0. Eldridge, Esquire, Arnall Golden Gregory LLP, 2800 One Atlantic Center,
1201 West Peachtree Street, Atlanta, Georgia: as Counsel to his client, Mr. Eldridge
asked about the authority of the City Commission to review this particular request.
Discussion.
Commissioner Blake stated, "Point of Order" and made the following Motion.
"I WOULD LIKE TO MAKE A MOTION TO TABLE THIS ITEM PLEASE."
MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR
MILLER. DISCUSSION.
Tape 2/Side B
VOTE:
COMMISSIONER McGINNIS: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR MILLER: AYE
MOTION DID NOT CARRY.
Discussion.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE THIS ITEM AND
MAKE IT CLEAR THAT WE ARE NOT WAIVING OUR RIGHT TO
REGULATE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION.
MAYOR BUSH ADDED, "THAT THE CHANGE IN THE FLOOR PLAN BE
APPROVED, AND IN NO WAY WOULD THIS CHANGE THE WAY THE
COMMISSION DOES HANDLE THE BUSINESS WITH THE TOWN CENTER."
CITY OF WINTER SPRINGS
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PAGE 19 OF 30
DEPUTY MAYOR MILLER THEN SAID TO MR. ELDRIDGE, "THERE WAS A
COMMENT MADE BY YOU EARLIER - REGARDING LITIGATION. I
ASSUME THAT THAT IS NOT GOING TO BE THE CASE, OR IS THAT
GOING TO BE THE CASE? IS THERE GOING TO BE A CHALLENGE?" MR.
ELDRIDGE RESPONDED BY SAYING, "I DID NOT MAKE IT HERE. I WAS
SPEAKING TO YOUR COUNSEL." DEPUTY MAYOR MILLER THEN SAID,
"SO YOU ARE NOT GOING TO PROCEED WITH THAT, OR YOU ARE
GOING TO PROCEED WITH THAT?" MR. ELDRIDGE STATED, "UNTIL I
HEAR FROM MR. GARGANESE IN TERMS OF HIS ANSWERS TO MY
QUESTIONS, I CANNOT ANSWER THAT."
VOTE:
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Mayor Bush called a Break at 9:18 p.m.
The Meeting reconvened at 9:28 p.m.
REGULAR
19. A. Community Development Department - Arborist
Recommends The City Commission Consider The Request Of Jackie Melley To
Remove One (1) Specimen Long-Leaf Pine Tree, Approximately 26 Inches In
Diameter, From The East Side Of The Lot, In Order To Protect The Home
Structure.
Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development
Department presented his opening remarks regarding this Agenda Item.
Discussion.
Commissioner McLeod departed the Meeting at 9:29 p.m.
Further discussion.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 20 OF 30
Deputy Mayor Miller stated, "I would just ask the Commission to entertain the thought -
of a Workshop someday in the next six (6) months or whenever it might be agreeable to
us regarding the issue of the proximity of mature trees to residential property." Deputy
Mayor Miller added, "I believe we never came up with a proximity - distance, so if a tree
is really very close to a house and it looks like it is going to damage it, or is damaging it,
that is one criteria that we all have to look at seriously; but if it is potentially a hazard to
the - residential house, because of its close proximity, and the owner would like to
eliminate that threat, I think maybe we need to revisit this." With further discussion,
Mayor Bush stated, "I think the Commissioner is asking that we schedule a Workshop to
address this."
Attorney Garganese added, "We will have First Reading of the revised Arbor Ordinance
at the next Commission Meeting where you might be able to address this issue. In
addition, the recommendation from the Arbor Committee is not to include Pine Trees as a
Specimen Tree, so that will have a relaxed standard, if adopted by the Commission. You
won't have to address Pine Tree removals at every Meeting."
Mr. Mingea spoke of troubled trees within the community. Deputy Mayor Miller then
said to Mr. Mingea, "I appreciate that - you can give us that input again next time, when
we meet up, and I applaud the Attorney for having this Ordinance, when it is obviously a
timely issue."
Further discussion.
Ms. Jackie Melley, 969 Troon Trace, Winter Springs, Florida: spoke of her personal
concerns with a tree on her property.
Discussion.
"MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Deputy Mayor Miller said to Attorney Garganese, "You are going to bring us at the next
Meeting a proposed change to the Ordinance that was crafted by the Committee that we
appointed?" Attorney Garganese acknowledged this and added, "There are also
recommendations of the Commission and the recommendations of the Arbor Committee
that are all being incorporated into a comprehensive revision of the Ordinance."
CITY OF WINTER SPRINGS
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PAGE 21 OF 30
REGULAR
26. H. Office Of The City Manager
Requests Commission Approval To Ratify The 2002-2003 Contract With The
Winter Springs Professional Firefighter's Local 3296.
Manager McLemore introduced this Agenda Item
Mr. Jeffrey E. Mandel, Muller Mintz, 255 South Orange Avenue, Suite 1525, Orlando,
Florida: explained to the Commission that "There are some slight modifications that we
made this afternoon; actually even going up into early evening. In 'Article 39,' the
Union has asked that we add a footnote, similar to the one that the City has included,
whereby they set forth that they are not waiving their rights either under the law, which
we believe is perfectly acceptable.
With respect to the 'Drug-Free Workplace Policy,' the parties have agreed to take out
42.2 A. that appears before you on page 21. The language is superfluous, it's not
necessary. And what we have agreed to do is to put in its place, a clause stating that prior
to any discipline for violation of the City of Winter Springs' 'Drug Free Workplace
Policy,' the City shall provide the employee with an opportunity to rebut or explain the
alleged violation. That is the current practice and surely we would not take disciplinary
action against somebody without giving them an opportunity to explain what happened,
or to present rebuttal evidence. Essentially we're putting in language consistent with
what our practice would be.
The last thing is under Article 43, the Management Rights clause - page 22 G., where it
says 'Transfer."" With clarification of the pages being referred to, Mr. Mandel stated
that on page 48, [Article] "43 1. G. would read 'Transfer in accordance with current
practice and to assign employees in operational positions within the organizational
structure of the Fire and Emergency Service, and, in the case of light duty, or the declared
emergencies, anywhere within the organizational structure of the City. ",
Commissioner Blake stated, '''Transfer in accordance with the current practice' - where is
current practice defined?" Mr. Mandel responded, "The current practice is not defined.
It's what the existing practice that the Chief has employed over the years. And the Chief
had a conversation with the President of the Union, and they agreed that the current
practice is acceptable, and it is not uncommon in Collective Bargaining Agreements to
reference current practice, instead of spelling out in great detail what the practice is."
Commissioner Blake said to Manager McLemore, "Mr. Manager, we're comfortable
with.. ." Manager McLemore stated, ".. . Yes..." Commissioner Blake continued,
".. . Current practice?" Manager McLemore then said, "Oh yes. We're comfortable with
this."
CITY OF WINTER SPRINGS
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PAGE 22 OF 30
Mr. Mandel continued, "Those are the changes, other than what's in front of you. The
highlights are basically we're implementing the CODY 'c' in the same maIIDer as was
implemented for all employees for this Fiscal Year. We're increasing the ranges to keep
the City competitive with what's going on in the marketplace." Mr. Mandel added, "An
important note too is we're increasing the Paramedic incentive from $5,500.00 a year to
$7,000.00 which is an absolute necessity if you want to continue to provide advanced life
support. "
Furthermore, Mr. Mandel pointed out that "While this is really only a one year deal that
technically expires at the end of this month, that the language is satisfactory and it will
carry forward for the next year, and we're not going to have to renegotiate anything for
the next year."
Tape 3/Side A
"I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'H,' THE
COMMISSION APPROVAL TO RATIFY THE 2002-2003 CONTRACT WITH
THE WINTER SPRINGS PROFESSIONAL FIREFIGHTER'S LOCAL 3296."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY
MAYOR MILLER. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
MOTION CARRIED.
Mr. Mandel clarified what was reflected in the Motion and stated, "The record should
clearly reflect that the Motion to approve the Contract is the Contract as has been
amended - the description, and in fact let me just read for the record - I read two (2) of
the additions and I referenced a footnote that we were going to include - the Union's
footnote, that offers them the same protection that we have in there - and it has reached
the extent by agreeing to this new language - the Union does not leave its position that
such language caIIDot be legally taken impasse or imposed. The Union notwithstanding
its agreement to this language of this Contract agrees to defer this issue to negotiations
for a successful Agreement. The Union reserves the right to seek to have it removed
from future Collective Bargaining Agreements, which is consistent with their legal right
and offers them the same type of protection that they agreed to give us in the footnote
that we have in the Collective Bargaining Agreement, so those are the three (3) changes
to the packet that you have and we would ask that those be included as part of the
Contract that you are agreeing to."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 23 OF 30
Mr. Mandel added, "We added in three (3) sections that I read to you and then we are
removing section 44.2 A. as it appears in your packet."
"I WOULD LIKE TO MAKE ANOTHER MOTION TO THE EFFECT THAT
THE APPROV AL OF THE PREVIOUS ITEM 'H,' ALSO INCLUDES
CORRECTIONS STATED ON THE RECORD BY THE LABOR ATTORNEY
PRESENT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
REGULAR
22. D. Office Of The City Manager
Requesting The City Commission To Take August 25, 2003 Regular Agenda Item
"F" From The Table For Consideration Related To Increased Fee For The City
Labor Attorney.
"MOTION TO REMOVE ITEM 'F' FROM THE T ABLE." MOTION BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER.
DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Discussion.
Mr. Jeffrey E. Mandel, Muller Mintz, 255 South Orange Avenue, Suite 1525, Orlando,
Florida: addressed questions from the City Commission.
"MOTION TO INCREASE THE RATE TO $150.00 PER HOUR FOR ANY
WORK BEING DONE ON NEGOTIATIONS, CONTRACTS, ANY ISSUES FOR
FISCAL YEAR 2004 AND BEYOND." MOTION BY COMMISSIONER BLAKE.
MOTION DIED FOR LACK OF A SECOND.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 24 OF 30
"EFFECTIVE FY'04, THAT STARTS OCTOBER 1ST, 2003 - AND ANY
CONTRACT YEAR THEREAFTER THE RATE WILL BE $150.00. ALL
CURRENT WORK WILL BE COMPLETED UNDER THE CURRENT RATE OF
$130.00. ANY NEWLY MATERIALIZING WORK DUE TO A PREVIOUS
YEAR, THAT BEING A YEAR THAT BEGAN OR FINISHED BEFORE
OCTOBER 1ST, 2003, WOULD BE COMPLETED AT $140.00 AN HOUR."
MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: NAY
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Mr. Mandel addressed his proposed hourly rate.
Manager McLemore suggested a Motion for consideration by the City Commission and
stated, "Beginning October I, we charge a new rate on all things other than the Appeal
that is currently active."
"I WOULD LIKE TO MAKE A MOTION TO RECONSIDER THE LAST
VOTE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
"I WOULD LIKE TO MAKE A MOTION THAT ANY BUSINESS HANDLED BY
THE LABOR ATTORNEY, BE PAID AT THE RATE REQUESTED OF $150.00,
STARTING OCTOBER 1ST, 2003 - EXCEPTING ANY MATTERS PENDING AT
THE COURT OF APPEALS THAT DEALS WITH THE SUBJECT MATTER."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 25 OF 30
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MILLER: NAY
MAYOR BUSH: AYE
MOTION CARRIED.
REGULAR
23. E. Office Of The City Clerk
Respectfully Requests That Commissioner Michael S. Blake Make An Appointment
To The Oak Forest Wall And Beautification District Advisory Committee.
With brief discussion, Mayor Bush said to Commissioner Blake, "Do you want to put that
on the next Agenda?" Commissioner Blake stated, "Yes, please."
REGULAR
24. F. Office Of The Mayor
Requesting That The City Commission Consider Two (2) Changes To The Agenda,
Specifically Related To The "Reports" Section.
Mayor Bush introduced this Agenda Item
Discussion.
"LET'S TRY IT FOR THREE (3) MONTHS - IMPLEMENT BOTH YOUR
IDEAS - DOING IT EVERY OTHER - MEETING. I WILL MAKE A MOTION
TO ADOPT YOUR IDEAS." MOTION BY COMMISSIONER BLAKE.
SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Mayor Bush added, "We will do the second Meeting - is when we will make the change;
the second Meeting of the Month."
CITY OF WINTER SPRINGS
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REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 26 OF 30
REGULAR
27. I. Office Of The City Manager
Requesting The Commission To Deny The August 11, 2003 Settlement Offer From
Centex Attached Hereto Related To The Improper Cutting Of Trees On The Centex
Heritage Park Project Site And To Provide Staff With Direction It Deems
Appropriate.
As stated earlier in the Meeting under Agenda Changes, Mayor Bush explained that this
Agenda Item has been "Pulled."
ADD-ON
REGULAR
37. J. Office Of The City Manager
Requests That The City Commission Schedule A Workshop To Review And Make
Recommendation Regarding Amending The List Of Permitted Uses Under The "C-
2 General Commercial" And "1-1 Light Industrial" Zoning Districts.
Discussion ensued on a proposed date, and September 15, 2003 was suggested.
Furthermore, a Joint Workshop between the City Commission and the Planning and
Zoning Board/Local Planning Agency was suggested in relation to Permitted Uses.
Mayor Bush suggested to Manager McLemore, "Why wouldn't the Planning and Zoning
[Board/Local Planning Agency] just meet with Staff, have the Workshop, and then make
the recommendations to the Commission. Manager McLemore said, "That is perfectly
okay, it's just that I think they [Planning and Zoning Board/Local Planning Agency]
made a request; we're responding and now we will tell them - you all work on it and
bring us some recommendations."
Mayor Bush stated, "Could we have a Motion then to give the [City] Manager some
direction. "
"SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
MS. SALHSTOM SAID TO THE CITY COMMISSION, THAT THE PLANNING
AND ZONING BOARD/LOCAL PLANNING AGENCY RECENTLY REVIEWED
THIS ISSUE AND SUGGESTED A JOINT WORKSHOP TO FURTHER
DISCUSS PERMITTED USES.
COMMISSIONER BLAKE SUGGESTED, "THIS IS SOMEWHAT MORE
PRESSING IN TERMS OF OUR PRIORITIES, ESPECIALLY SINCE WE HAVE
AN ORDINANCE - PENDING."
CITY OF WINTER SPRINGS
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REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 27 OF 30
VOTE:
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
With the conclusion of the vote on the Motion, Commissioner Blake stated, "We are not
going to have a Joint Meeting."
Commissioner Blake added, "I think this [Permitted Uses] takes priority, at this point in
time. Accessory Buildings, it's been out there..." Commissioner McGinnis said, "...I
agree..." Commissioner Blake continued, ". ..Let's take care of this, and do it on the
same night. We will do this and then Accessory Buildings - we will follow it up with."
Mayor Bush clarified, "The 15th [ of September] then Commissioners. - we'll start at 6
[p.m.]." Mayor Bush added, the Workshop "Will start at 6 [p.m.] - we will just have two
(2) items that we are going to cover."
ADD-ON
REGULAR
38. K. Office Of The City Manager
Requesting The City Commission To Approve An Agreement With SRI Architects
And Associates To Design The Expansion Of City Hall.
Manager McLemore introduced this Agenda Item. Discussion.
"MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REPORTS
REPORTS
28. A. Office Of The City Attorney - Anthony A. Garganese, Esquire
No Report.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 28 OF 30
REPORTS
29. B. Office Of The City Manager - Ronald W. McLemore
No Report.
REPORTS
30. C. Office Of The City Clerk - Andrea Lorenzo-Luaces
No Report.
REPORTS
31. D. Commission Seat One/Deputy Mayor - Robert S. Miller
Deputy Mayor Miller inquired, "When is the City going to start breaking ground on
Fisher Road?" Brief discussion.
REPORTS
32. E. Commission Seat Two - Michael S. Blake
Commissioner Blake stated, "The Agendas - now we are dealing with numbers and
letters. I would suggest we get rid of the letters." Commissioner McGinnis said, "Yes."
Mayor Bush added, "I certainly agree with the Commissioners." Mayor Bush then said,
"The Commissioner has recommended that we use just consecutive numbers" and that no
letters of the alphabet would be used. Commissioner McGinnis stated, "Good." Mayor
Bush stated, "Okay, everybody in agreement with that?" No one voice an objection to
this.
REPORTS
33. F. Commission Seat Three - Edward Martinez, Jr.
Commissioner Martinez stated, "I am going to suggest to the Commission that once and
for all they stick to that which we have approved, and when we have these late Agenda
Items come in on Fridays, especially on Fridays, that we delete those Items from the
Agenda." With discussion, Commissioner McGinnis said, "I agree but I would hate for
us to make a hard and fast rule because there are times that there are crises and there are
emergencies, and if it is an issue that comes before us under those conditions, and it is too
complicated, all we need to do is say - we need more time with this." Mayor Bush
added, "It is one of those things if you don't, it will always happen." Deputy Mayor
Miller stated that he was in agreement with Commissioner Martinez and added, "I don't
like getting the last minute things that aren't really critical."
CITY OF WINTER SPRINGS
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REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 29 OF 30
Secondly, Commissioner Martinez said to Mayor Bush, "Are you responding or
considering this letter from Russ Harbourne about - [Governor] Jeb Bush's
'Communities for a Lifetime' initiative?" Mayor Bush responded, "I really haven't made
a decision about it yet."
REPORTS
34. G. Commission Seat Four - Sally McGinnis
Commissioner McGinnis spoke of attending a recent CALNO [Council of Local
Governments in Seminole County] Meeting and passed out a document. Commissioner
McGinnis stated, "We have been requested to review this and have a Workshop soon
with the Seminole County Office of Emergency Management and the County Health
Department." Commissioner McGinnis added, "I think within the next six (6) weeks we
need to schedule a Workshop but have them do their presentation." Brief discussion
ensued on funding.
Mayor Bush said to Commissioner McGinnis, regarding a Workshop - "Would you want
to - contact them and see when they could come, and then get some dates and bring it
back to the Commission?"
Tape 3/Side B
In conclusion, Mayor Bush said to Commissioner McGinnis, "Why don't you check with
them on some dates." Commissioner McGinnis responded, "I will- I will bring it back."
REPORTS
35. H. Commission Seat Five - David W. McLeod
No Report as Commissioner McLeod had already departed.
REPORTS
36. I. Office Of The Mayor - John F. Bush
Mayor Bush spoke about a brochure on the City's Town Center.
Mayor Bush spoke of the September 18, 2003 Tri-County League of Cities Luncheon and
said if anyone wanted to go, to "Let Andrea [Lorenzo-Luaces, City Clerk] know."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8, 2003
PAGE 30 OF 30
Mayor Bush spoke about a Memorandum from the City Clerk on an upcoming
Employment Law Seminar being held at City Hall. Mayor Bush added, "Let's advertise
it in case any of the Commissioners do" want to attend.
ADJOURNMENT
Mayor Bush adjourned the Meeting at 10:44 p.m.
RESPECTFULLY SUBMITTED:
ORENZO-LUACES, CMC
ERK
APPROVED:
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NOTE: These Minutes were approved at the October 13, 2003 Regular City Commission Meeting,