Loading...
HomeMy WebLinkAbout_2001 10 15 City Commission Workshop Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP OCTOBER 15,2001 I. CALL TO ORDER The Workshop of Monday, October 15,2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, arrived at 6:38 p.m. City Attorney Anthony A. Garganese, arrived at 6:37 p.m. The Invocation and the Pledge of Allegiance followed Roll Call. II. AGENDA A. Introduction With Ms. Jimette Cook, Code Enforcement Division Manager. Ms. Jimette Cook, Manager, Code Enforcement Division, Community Development Department introduced tonight's Agenda. B. Orange County Animal Control Representative. 1. Presentation. 2. Questions. Ms. Cook read a letter from Ms, Kimberly Krause, Orange County Animal Services Project Administrator for the record. Ms. Krause could not attend tonight's Workshop. Ci;y Attorney Anthony A. Garganese arrived at 6:37 p.m, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15, 2001 PAGE 2 OF I I Commissioner Edward Martinez Jr. stated, "It would have been more apropos for a report from the City of Orlando." Ms. Cook stated, "We were just responding - I think there was a direct request from one (1) of the Commissioners to ask Orange County to attend." City Manager Ronald W McLemore arrived at 6:38 p,m. C. Mike Wittmer, Seminole County Animal Control 1. Presentation. 2. Questions. M1. Mike Wittmer, Seminole County Animal Control Division Director spoke on the proce.~s an Animal Control Officer or Law Enforcement Officer goes through when they receive calls for service. Discussion followed. Commissioner Michael S. Blake asked Mr. Wittmer, "About Seminole County's Animal Control Ordinance that's currently in place, are there any changes to that that you see necessary?" Mr. Wittmer stated, "We've looked at it several times. There's a 'Dangerous dog' Ordinance, or part of that Ordinance that I want to change and we're working on that at the moment." Commissioner Blake asked, "Where would that change be specifically? Where is the weakness in the Code as you see it?" Mr. Wittmer said, "We'd like to be a little stronger on requirements for dog owners of dangerous dogs, One (1) of the requirements is that right now the State Code says that a dog that is under investigation is a dangerous dog, if he's confined at home, he can stay there. We'd like to change that. We'd like to have the dogs only be at our shelter." Commissioner Blake then asked, "Anything else?" Mr. Wittmer stated, "Not on that particular Ordinance. There's a citation on our present Ordinance that is an old citation and we're using a new citation under Code Enforcement; and the reason the County did that is because they wanted all the citations to be uniform." Discussion. Mr. Wittmer spoke of other County's sanctions; those being having a "Master" that oversees Code Enforcement classes, Animal Services, and citations; and imposing a class for violators so as if they attend, their ticket might be adjusted. Discussion followed regarding Kennels and Pet Rescues. Mr. Wittmer advised Members of the Commission that a "Pet Rescue" does not fall into the category of a Kennel. Discussion. Tape I/Side B Mr. Lawrence Walters, Esquire, 455 Douglas Avenue Suite 2155-31, Longwood, Florida: representing Pet Pal Rescue, Inc. and Ms. Rawlins, asked to cross-examine Mr. Wittmer. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15,2001 PAGE 3 OF I] With discussion, Attorney Garganese stated, "Section "E" of the Agenda - is a "Public Forum" for anybody to get up and speak on the matter. Mr. Walters is certainly free to do so at that time." D. Discussion Of Legal Research Results Regarding Pet Limitations With Anthony A. Garganese, City Attorney. Discussion on pet limitations and regulations developed. Attorney Garganese stated, "There are many lawful ways to regulate animals in residential areas. They include regulations such as Public Nuisance regulations; Zoning regulations prohibiting kennels in residential areas; Animal Control regulations limiting the number of animals like the City of Sanford did in 1990; and Animal Licensing regulations. You do have several regulations regarding Public Nuisances - they are already on the books. You have an Ordinance that you've adopted, adopting Seminole County's Ordinance, which has a host of regulations that are in place. So at this point, further regulations obviously would be within the purview of the Commission. You do have police powers to go even further, but in the end it's simply a balancing of interests. The Commission needs to make a decision at the end, whether they want to adopt further regulations. Attorney Garganese then stated, "I just simply want to remind the Commission if you are not aware, there are two (2) pending citations." E. Public Forum. Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: spoke for the record about an incident when her son was challenged by a dog; and her concern with her neighbor's animals. Mr, Eric Bosse, 1004 Gator Lane, Winter Springs, Florida: spoke on the problems he's faced with illuminated signs in his yard; and barking and loose dogs. Ms. Cheryl Eller, 37 Jackson Circle, Winter Springs, Florida: did not address the Commission, but a letter was submitted. Ms. Pattie Brown, 400 Pine Way, Sanford, Florida: spoke of Seminole Animal Control and Casselberry Animal Control asking Ms. Rawlins to house dogs from their kennels. Ms. Kathy Law, 4368 Radio Avenue, Sanford, Florida: did not address the Commission. Mayor Partyka stated, "Let the record show that on pet limitations, Ms. Kathy Law is opposed. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15,2001 PAGE40F 11 Ms. Jean M Foster, 368 WindMeadows, Altamonte Springs, Florida: did not address the Commission, but was opposed to pet limitations. Ms. Phyllis Ayoob, 572 Seminole Woods Boulevard, Geneva, Florida: spoke of being the "Cat half' of Pet Rescue and stated it was a visiting dog that challenged the Bosse's son. A Member of the Commission remarked about the number of people from other cities that were present and commenting on the City of Winter Springs' Ordinances. Ms. Marilyn Pagliaro, 675 Waneta Court, Winter Springs, Florida: spoke in opposition of pet li,mitations and to not include cats in this issue. Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: remarked about Code Enforcement cases regarding animals, enforcing laws regarding animal bites, and communication between our City and Seminole County. Brief discussion. Mr. Bob Williams, 1039 Elk Court North, Winter Springs, Florida: spoke "In favor of the Ordinance" and control. Deputy Mayor David W. McLeod asked Mr. Williams what should be controlled. Brief discussion. Deputy Mayor McLeod then said, "I think what you're saying is we need an Ordinance to control the problem animals more than the quantity of animals. Is that correct?" Mr. Williams stated, "Exactly. If someone and I don't see how somebody could have twenty (20) dogs and then control them. But if someone has the capability of controlling the dogs that have no problems, I don't see a number on it, I really don't." Commissioner Cindy Gennell stated, "To my knowledge and on this Agenda there is no Ordioance before us, or pending, or listed here; and my take on this was that we were here to gather complete information, and whether we even want to do an Ordinance or not, and what type it will be. So less anybody should leave here or sit here under the impression that there is some Ordinance here pending, to my knowledge that's not so. Am I correct Mr. Mayor?" Mayor Partyka stated, "That's correct. We're just getting information. " Ms. Ellen Rosette, 139 Woodleaf Drive, Winter Springs, Florida: spoke of being a Humane Organization Volunteer and stated her disagreement with limiting the number of all pets, Ms, Misty Garcia, 145 Garden Drive, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated "The record shows that she is opposed to pet limitations." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15,2001 PAGE50FII Mr. Alex Garcia, 145 Garden Drive, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated "Opposed to pet limitations." Ms. Gloria E. Wade, 120 North Fairfax Avenue, Winter Springs, Florida: stated her oppositions to pet restrictions. Mr. Hugh Garry, 1268 Orange Avenue, Winter Springs, Florida: disagreed with imposing a pet limitation just because of a dispute between two (2) neighbors. Ms, Ruth Garry, 1268 Orange Avenue, Winter Springs, Florida: commented on Ms, Rawlins' efforts, and spoke of not wanting to be annexed into the City of Winter Springs if there is an Ordinance limiting pets. Commissioner Martinez stated, "Most of the speakers coming up to the podium are referring to limitations of animals, and that is not the issue here tonight. We are not concerned with the number of animals that each person has. Weare dealing with the issues affecting other things that are happening in the community. Mayor Partyka added, 'We are considering all issues." Mr. Lawrence A. Morrissette, 909 Cypress Wood, Winter Springs, Florida: stated he is Vice President of the Seminole Dog Fanciers Association and spoke on limit laws. Mr, Morrissette distributed a letter for the record. Tape 2/Side A Commissioner Robert S. Miller departed the Meeting at 8:07 p.m. Mayor Partyka said, "Commissioner Miller has to leave, so let the record show that." Commissioner Gennell stated, "I would just encourage the gentleman to leave his written remarks with the Clerk so she can copy us." Mr, Mark Ellett, 970 Paces Circle, Apopka, Florida: stated that he is affiliated with the owner of the Orlando Canine Academy and spoke in opposition of pet limitations. Ms. Amy Kennerknecht, 45 South Devon Avenue, Winter Springs, Florida: suggested dealing with the number of citations a dog owner is cited. Ms, Laurice Giesbrandt, 535 Lake Avenue, Altamonte Springs, Florida: spoke in support of Ms. Sandra Rawlins' Pet Rescue operation. Ms. Rebecca Jones, 4217 Cloverleaf Place, Casselberry, Florida: commented on being a volunteer with Pet Pal Rescue, Inc. and her opposition to imposing pet limitations. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15,2001 PAGE60F II Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: remarked about not letting the minority jeopardize the safety and welfare of the majority, Ms, Alvina McGladdery, 511 North Wayman Street, Longwood, Florida: spoke III opposition about pet restrictions. Mr. Jim Frank, 808 Windwillow Circle, Winter Springs, Florida: spoke in opposition to the pet limitations and stated his disagreement with a kennel being located in a residential area. Mr, Lawrence Walters, Esquire, 455 Douglas Avenue Suite 2155-31, Longwood, Florida: stated that he represents Pet Pal Rescue, Inc. and Ms. Rawlins, and spoke in opposition of reinstating a pet limit Ordinance. Discussion. Commissioner Martinez stated, "I just want the record to show that we are not dealing with this issue because of the matter that is ongoing between the neighbors out there in the community. We dealt with this back in 1999 and at that time the Ordinance here was two/two (2)/(2) of any kind and we changed it to unlimited numbers - today's exercise has nothing to do with the limitations." Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke of the need for the City Commission to pass laws to make the City a decent place to live. Mr, Tim Johnson, 1109 Gator Lane, Winter Springs, Florida: spoke in support of Ms. Rawlins' pet rescue operation and opposed pet limitations. Dr. Paul Williams, 702 Sailfish Road, Winter Springs, Florida: spoke in opposition to the pet restrictions. Mr. Harvey Wilkinson, 590 Village Place, Longwood, Florida: mentioned that he is a former Gator Lane resident, and commented that he was in favor of pet limitations, and mentioned some of the problems he faced while living next door to Ms. Rawlins. Mr. Sam Etze, 1110 Gator Lane, Winter Springs, Florida: as a former board member of the Central Florida Kennel Club, he stated that a Pet Rescue operation does not belong in a residential area; and spoke in favor of a "Pooper Scooper" law. Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: spoke in opposition of residential dog kennels; and asked that some teeth be added to the Ordinance, Mr, Jacob Gilbert, 643 Marlin Road, Winter Springs, Florida: remarked that dog owners need to be responsible individuals. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15,2001 PAGE 7 OF II Tape 2/Side B Ms. Luisa Salaman, 227 Shady Hollow, Casselberry, Florida: was not present. Ms, Cathy Markward, 255 Arnold Road, Winter Springs, Florida: spoke in favor of Ms. Rawlins' pet rescue operation and stated her disagreement with pet limitations. Mr, Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: commented on his previous experiences with animals, and suggested that this Ordinance should not become a ''Neighbor feud" Ordinance. Mr, Billy Nichols. 1281 Natures Way, Winter Springs, Florida: questioned ifhis roosters, pigs, and horses would be limited, even though his property is zoned Agriculture. Mayor Partyka recessed the Meeting at 8:58 p.m. Mayor Partyka reconvened the Meeting at 9:07 p.m. F. City Commission Discussion And Conclusions. Manager McLemore suggested, "I think we have to take a prevention aspect - rather than a reaction mode, and it is my strong opinion that we should not have these types of facilities in our neighborhoods. Manager McLemore stated further, "I think I heard one (1) Commissioner say it may be more of a Zoning problem than anything else, and maybe that's exactly right." Commissioner Blake spoke on the responsibility required of dog owners and said, "Somebody made the suggestion that maybe we ought to have these citations or the cost of these citations escalate. I absolutely agree, and that's something I think that we should look at, is alleviating the first visit where there is no warning. If there's a visit we should require there to be a warning, a written warning; and on the second visit there should be a citltion. On the third visit, that citation should be a more expensive citation. I would also like to see some way for us to implement at County level, and this would be for Commissioner Gennell, perhaps through the CALNO (Council of Local Governments in Seminole County) organization, to see if there wouldn't be some way to discuss having this special Magistrate that exists in some other Counties. So that if these are problems that exist not only in our City but other Cities, let's find a way to have people come before a Judge to make sure that they understand the severity of the issue. Currently it has to go through Traffic Court as the gentleman from Seminole County said. And if you've ever been to Traffic Court you know they are busy enough already handling traffic. I am also concerned about the high number of calls that each County Officer seems to have to handle." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15,2001 PAGE 8 OF II Commissioner Blake further stated, "Perhaps there is something more that we as a City can do, not that we aren't already, and maybe those calls include some of our visits, we'll ha'/e to check into that and find out. But the main problem here is we have the laws alrcaGY in place I believe; what we don't seem to have is the level of enforcement of those laws or the teeth to make them stick. That's where I think we can best spend our time. " Regarding the pet rescue and/or kennel operations, Commissioner Blake stated, "In my opinion, I think we have an issue here, a Land Use issue. I think we have an issue, these other ones I have already mentioned in terms of how we can enforce the Codes." Commissioner Martinez spoke about enforcement issues and stated, "I think that - we seriously need to provide an Ordinance or some form of control requiring court appearances after the third citation. And each citation after the first one (1) should increase, the penalties should increase to make sure that these people understand." Commissioner Gennell stated, "I think the problem that I see is the issue of pet ownership verses pet boarding. That is one (1) issue I would like us to look into regulating. When we relaxed the laws a couple years ago we were assured by the Police and the Code Enfor-::ement that we had Codes and everything in place that would protect..." Commissioner Gennell continued, "... We were assured that we had Codes and laws and nuisance Ordinances and so forth in effect that would protect other homeowner's if a person had a large number of animals or if they became a nuisance. Well in fact, maybe we do have those and maybe we don't, but they're obviously unenforceable. So I think we need to look into enforcement. I agree with escalating penalties absolutely; and not only that, if the criteria at present under the Code that we've adopted for the County says that three (3) people have to witness it in lieu of a Police Officer, then I would submit to you, that a nuisance is created by three (3) consecutive complaints by the same person, or by several people, not necessarily everybody at every particular instance but rather a series of consecutive complaints would constitute a nuisance. Anyhow, other than that, I pretty much agree with what's been said here already." Deputy Mayor McLeod said, "I agree to what most Commissioners have said here. I do believe that we should continue with the support of the Seminole County - however, I believe we - should at a Commission Meeting, direct the City Manager to write to the County Commissioners in asking for Code changes such as, after two (2) violations - the third goes to court automatically." Further, Deputy Mayor McLeod said, "Progressive citations, I agree with that. I do though believe we need to take a look at the Code to understand kennels. As I understood it this evening, kennels are considered something where somebody brings an animal to and pays to have it boarded. That's not the issue I've heard discussed here this evemng. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15,2001 PAGE 9 OF 11 I think you need to perhaps look at Pet Rescue. I do not think Pet Rescue falls under the category of Section 20.74 which is 'Noncommercial kennels.' I do not believe that's where it falls. However, some of the law or some of the outcomes of that may very well be the same outcomes that should go into a Pet Rescue Ordinance." ''Point of Order" by Commissioner Blake who spoke about Seminole County's Animal Code. Mayor Partyka stated, "Let the record show again it refers back to Section 4, but it takes us to the County numbering designation after that." Mayor Partyka asked for suggestions on what to do next. Manager McLemore stated, "I would like the latitude to explore us having our own ability to deal with it procedurally in our community." Manager McLemore stated, "One suggestion is, give it to the City Manager and let's see what he comes up with." Discussion followed. Manager McLemore stated, "The only aspect that I would like to get into, if there is an infraction - that we would adjudicate that here, rather than at the County leve1." Deputy Mayor McLeod asked, "Are you saying bring it back in front of our Code Enforcement?" Manager McLemore responded, "Or a special Code Enforcement Board." Deputy Mayor McLeod then said, "That I don't disagree with. I do disagree with having more Departments, more Staff put on the City to now try to control animals when we can actually do a lot of that through the regulations we presently have." Deputy Mayor McLeod advised, "My direction would be - that the Manager needs to bring this back in front of the Commission as an Agenda Item so the Commission can actually deal with it there - I just think it needs to come back period to the Commission to deal with - not as a number of animals; I think we need to deal with the actual enforcement issue of the Ordinances." Mayor Partyka said, "It seems to me like the animal limitation is not the key issue here, That everything here has been basically Code Enforcement and ways to in effect potentially penalize - and also in some cases, there may be a question of some Land Use." Commissioner Blake stated, "I would agree with Commissioner McLeod. I think Staff has h:-:ard from the four (4) of us that are here, our opinions, and they can take those and put them together and come back with some ideas." Commissioner Martinez agreed with the other Commissioners and added, "But regardless of what the County Code says we can also draft our own more stringent Ordinance on top of what the County has, because the County is not covering all the issues that we discussed here tonight." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15, 2001 PAGE 10 OF 11 Commissioner Gennell said, "I would like to have this come back to the Commission with - suggested alternatives for enforcement or penalties and everything; but I really would not like to look at a Draft Ordinance at that point. I'd like just the information and certain alternatives to be laid out so that we can craft the type of Ordinance that we're I00king for, if in fact it is an Ordinance." Mayor Pmtyka added, "Prior to, if you get to that point and you would have it in writing, it would 1 think be appropriate for the Commissioners to read that, prior to that, so they could actually do some input, so when you finally come here, it's not the first time." Further Mayor Partyka said, "I think at this point, the Commission is basically saying come back with something, based on all the findings that we have here today." Deputy Mayor McLeod suggested that "We can add additional restrictions" to Seminole County's Animal Code. Additionally, Deputy Mayor McLeod said, "I do not, however want to see us put anything on the books at all, unless we are able to enforce it." Ms. Cook stated, "We already have escalating penalties. We already have issued - the Police Department handles most of these calls because of the hours and the speediness of the response time. They have issued $50.00, $100,00, $300.00, so we already have that in the book under administration and - the citation program." Furthl~rmoTe, Ms. Cook advised the Commission, "I have tried to petItIon Seminole County Court system last year - I tried to petition him to give Code Enforcement Officers in the County the right as allowed under the Florida Statutes to issue "Notice to Appears," so that after the third infraction of whether it may be an animal violation, or a disabled vehicle - Seminole County at this point, does not want to over burden their Court system and will not allow that. The Seminole County Attorney's office is trying to lobby, and so we are working together to try to be able to issue those "Notice to Appears," but at the current time, even if we passed the City Ordinance, the County Court won't allow it at this time." Commissioner Martinez stated, "If you have that information somewhere in the books that we don't have with us today, bring it back with the Agenda Item that the Manager is bringing back to us." Commissioner Martinez asked Attorney Garganese, "Can we, if we issue citations, can we have those people come to our traffic court and levy our fines here, instead of going to County Court, if we passed an Ordinance?" Attorney Garganese responded, "I'll have to go back and talk to the City Manager regarding this, but we are limited to the procedures in the Code Enforcement Statute, and there are several alternatives, in addition to what you already have that we need to explore, and bring back more information to the Commission on." Commissioner Martinez said, "I'd like to have that. " CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 15,2001 PAGE II OF II III. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 9:44 p.m. RESPECTFULLYSUBAfITTED: HOLL Y PIERSTORFF ~A SISftJ.\.NT TO THE CITY CLERK, AND "T 1'. . . , /' ''B,{:tL ~ . A;NDRE ~~NZO-LUACES, CMC CITY C~~ . -~.- ;'J"""; ." _-. ~ /"" ~....... ?~ -. J