HomeMy WebLinkAbout_2001 11 05 City Commission Workshop Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
WORKSHOP
NOVEMBER 5, 2001
1. CALL TO ORDER
The Workshop of Monday, November 5, 2001 of the City Commission was called to
order by Deputy Mayor David W. McLeod at 6:32 p.m. in the Commission Chambers of
the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708). The Pledge of Allegiance followed.
ROLL CALL:
Mayor Paul P. Partyka, absent
Deputy Mayor David W. McLeod, present
Commissioner Robert S. Miller, absent
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner Cindy Gennell, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
II. WORKSHOP AGENDA
A. Office Of The City Attorney
Discuss The Regulation Of Adult Entertainment Establishments, Sexually Oriented
Businesses, And Alcohol And Nudity.
*Various Studies, Case Law And Other Information Have Been Previously Provided
To The City Commission And Are Available In The Office Of The City Clerk For
Review.
City Manager Ronald W McLemore departed the Workshop at approximately 6:36 p,m.
(to work in the West Conference Room, but would be available ifneeded).
City Attorney, Anthony A. Garganese gave a brief presentation on the issue of Alcohol
and nudity. During his presentation he cited some research and studies done by a Dr.
George from the Seattle, Washington area, along with court cases. Further, Attorney
Gargancse referenced information derived from a case entitled "Sammy's of Mobile v,
City of lv/obile. "
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
WORKSHOP - NOVEMBER 5, 2001
PAGE 2 OF 4
Attorney Garganese then advised the Commission about the Adult Entertainment
Ordinance that he wrote for the City of Casselberry; how the City of Winter Springs
stands now in comparison to other cities in Seminole County; and Police and Fire calls to
Adult Entertainment establishments.
Discussion.
A "Draft" Ordinance that Attorney Garganese presented to Members of the Commission
(d{,aling with Alcohol and Nudity) was discussed next.
Other cases and "Findings of Fact" were further discussed.
Commissioner Edward Martinez, Jr. inquired if any studies had been done on individuals
who patronize Adult Entertainment establishments, and then commit criminal acts.
With further discussion, Attorney Garganese advised the Commission that the sensible
thing to do is to have "One set of standards" for law enforcement.
Regarding the "Draft" Ordinance, Commissioner Michael S. Blake asked why the "Ten
year old" definition was necessary. Discussion. Commissioner Blake then stated, "What
I would suggest is striking number (4) in this particular Ordinance." Attorney Garganese
said that he would consider the threshold and advise the Commission at a later date.
Commissioner Martinez added, "You should have something there to protect and allow
the enforcement body to take action whenever it is appropriate." Attorney Garganese
said he would further review the Ordinance especially regarding child pornography laws
and the age issue.
Commissioner Cindy Gennell stated, "Anytime we have something that has already stood
a court test, I am in favor of adopting that language." Commissioner Martinez added,
"Y ou have got to close as many loopholes as possible."
Attorney Garganese advised the Commission that he plans to bring an Ordinance to the
City Commission for consideration, possibly for the second Regular Meeting in
November.
Adult Entertainment regulations were next discussed. Attorney Garganese suggested that
the City of Winter Springs consider revising what is currently on the books, and spoke of
Semino!e County and the City of Casselberry's Ordinance. Discussion followed on
"Sexually Oriented" businesses. Attorney Garganese advised the Commission that new
Adult Entertainment establishments are required to be 2,500 feet from schools,
Dis.cussion followed on zoning, and how sites in the City of Winter Springs would be
affected. Attorney Garganese advised the Commission that the 2,500 feet requirement
can be reduced if that is the City's preference, however, Attorney Garganese suggested
that the impact on available sites should be considered before taking any such action.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
WORKSHOP - NOVEMBER 5, 2001
PAGE 3 OF 4
Discussion.
Commissioner Gennell stated that, "The School Board purchased the property that they
now own after we enacted that Ordinance - so how does the State Law affect the
Ordinance that we put in place? Does it effectively amend our Ordinance?" Attorney
Garganese responded that it did.
Tape I/Sid(' B
With further consideration of the distance requirements from schools and whether
programs held at the Grove Counseling Center would be a factor, Deputy Mayor McLeod
asked Attorney Garganese to look into this. Commissioner Gennell spoke of day-care
centers a~ld said, "I would prefer to include day-care centers when we draft ours."
Attorney Garganese advised the Commission that he would include day-care centers
when the Ordinance is drafted.
Discussion followed on the issue of location. Attorney Garganese suggested that an
Interlocal Agreement might be a consideration. Further discussion regarding distance
requirements continued with Attorney Garganese agreeing to consider the location of the
Senior Citizen's Center; schools; parks and recreational areas; and the Cross Seminole
Trail.
Attorney Garganese explained to Members of the Commission about the documents that
are part of the City's Legislative Record, and that he would be adding to the City's
Legislative Record with time.
Commissioner Blake said to Attorney Garganese, "Earlier, you showed us some evidence
that suggested - at these types of establishments that there was a higher response required
for Police and Fire Rescue, or more calls than other establishments that did not have these
types of activities going on. Is there a way in our licensing to measure and perhaps
revoke a license based on an above average impact on our public safety systems; or to
have different fees associated with it; or to tax or bill them separately for that; or to
utilize that information to make some other finding that would prohibit the activity?"
Attorney Garganese explained that violations, incremental penalties, and revocations
have been based on "Enumerated violations of the Code" and not on excessive Police or
Fire responses.
Commissioner Martinez asked if an Ordinance should include "Rave Clubs." Attorney
Garganese spoke of an Ordinance dealing with this issue that he had composed for
another municipality, and said that if the Commission would like to consider an
Ordinance dealing with "Rave Clubs," that he could bring this to the Commission.
Deputy Mayor McLeod stated, "I think if you previously drafted one, I think it would
definitely be something that the Commission, at least from my standpoint, would be
interested to see."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
WORKSHOP - NOVEMBER 5, 2001
PAGE 4 OF 4
Deputy Mayor McLeod asked the Commission, "Is that something the rest of this
Commission would like to see, come right along with the rest of this?" Commissioner
Martinez responded, "I think we ought to." Commissioner Gennell stated, "Yes."
Attorney Garganese added that he has a Legislative record on "Rave Clubs" also.
Attorney Garganese then suggested that the Commission might wish to review "Tab 30 -
the 'Findings of Fact and Conclusions' of law adopted by the Casselberry City
Commission" which dealt with "Rachel's" (an Adult Entertainment establishment),
Deputy Mayor McLeod then stated, "That may be something that we could have the City
Clerk run a copy of and put in each of our boxes."
Commissioner Blake said, "The Findings of Fact, can we simply adopt those?" Attorney
Gargancse agreed that these would be incorporated into the record.
III. ADJOURNMENT
Deputy Mayor McLeod said, "If there are no other questions, then I would take a Motion
to Adjourn."
"SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
Deputy Mayor McLeod adjourned the Workshop at 7:44 p.m.
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