HomeMy WebLinkAbout2001 10 08 Consent F Approval of the September 24, 2001 Regular City Commission Meeting Minutes
COMMISSION AGENDA
ITEM F
Consent X
Informational
Public Hearings
Regular
October 8, 2001
Regular Meeting
Mgr. / Dept.
Authorization
CONSENT
F, Office Of The City Clerk
Approval Of The Minutes Of The September 24, 2001 Regular City Commission
Meeting.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
SEPTEMBER 24, 2001
I. CALL TO ORDER
The Regular Meeting of Monday, September 24, 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, arrived at 8:29 p.m.
Commissioner Edward Martinez, Jr., present
Commissioner Cindy Gennell, absent
City Manager Ronald W. McLemore, absent
Public WorkslUtility Department Director Kipton D. Lockcuff, P.E., present
City Attorney Anthony A. Garganese;present.- -. -... .. ....
Mayor Partyka brought up the recent tragedy on September 11th. Furthermore, Mayor
Partyka spoke about the recent drowning of a teenager, Cory Norwood, who was "One of
the fatalities of the Hurricane Gabrielle situation." Mayor Partyka advised those in
attendance that Cory Norwood lived near Gee Creek.
A moment of silence was followed by a unique version of the Pledge of Allegiance led by
Resident Joanne Krebs.
Mayor Partyka then spoke of the numerous courageous efforts made to find Cory
Norwood, and said "It was a credit to our Police Force, our Fire Department, our
paramedics. Also, I would like to give credit to the Seminole County Sheriffs
Department; also the V olusia County Diving team that came out, as well as the Seminole
County Diving Team. It was a very, very strong community effort."
Commissioner Edward Martinez, Jr. added, "About four weeks ago - Commissioner
Miller requested that Gee Creek be cleaned up because of all of the debris there, and if it
still is there, I think we ought to make sure that if it's the responsibility of the City of
Winter Springs to remove and clean up all of the debris that lays in Gee Creek and that
we do so."
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II. PUBLIC HEARINGS - PART 1
PUBLIC HEARINGS
A. Office Of The City Manager
Requesting The City Commission Hold A Public Hearing Relative To The Approval
Of Resolution No. 2001-40, Which Establishes The Final Millage For Fiscal Year
2001-2002 For The City Of Winter Springs At 3.7708 Which Is 12.47 % Above The
Rolled-Back Rate Of 3.3528.
Ms. Louise Frangoul, Finance Department Director introduced this Agenda Item.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION
2001-40 ESTABLISHING THE FINAL MILLAGE RATE FOR THE FISCAL
YEAR 2001-2002, AS STATED HERE IN THE FIRST ITEM." MOTION BY
COMMISSIONER MILLER.
MOTION DIED FOR LACK OF A SECOND.
Ms. Frangoul advised the Commission that "I do recommend raising that millage to
3.8332 to not only fund those Police Officers for an entire year, hiring them in April, but
to hedge against what I think are some - shortages."
Discussion followed on when the funding for the proposed four (4) new Police Officers
should take place, and possible Health Insurance adjustments for several retired
employees.
Commissioner Martinez said, "Point of Order. " Discussion.
"I WOULD LIKE TO RESTATE THE MOTION OF COMMISSIONER MILLER
TO APPROVE THE MILLAGE AT THE 3.7708." MOTION BY DEPUTY
MAYOR McLEOD. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
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PUBLIC HEARINGS
B. Office Of The City Manager
Requesting The City Commission Hold A Public Hearing Relative To The Approval
Of:
· Resolution No. 2001-41, Establishing The Final Budget For Fiscal Year 2001-
2002.
· Approve The Revised Budget For Fiscal Year 2000-2001.
In presenting this Agenda Item to the Commission, Ms. Frangoul stated this "Proposed
Final Budget is the same as the Tentative Budget discussed during the September 10th
Public Hearing, except for the changes reflected in the Memorandum attached to the
Public Hearing Item Number 'A' - Final Millage. It's also in the front of your Final
Proposed Budget Book. The changes to this Final Proposed Budget have resulted in no
net effect on the "General Funds" fund balance. There have been no additions to or
subtractions from. Also with this Agenda Item, we are revising the Budget for fiscal year
2000-2001. There had been changes made throughout the year on supplemental
appropriations; in addition, we have reviewed some of our year-end balances and have
made additional changes to the 2000-2001 Budget."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'B'
RELEVANT TO RESOLUTION 2001-41, ESTABLISHING THE FINAL
BUDGET FOR THE FISCAL YEAR 2001-2002." MOTION BY
COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McLEOD.
DISCUSSION.
VOTE:
COMMISSIONER l\1:iLiJtR: "Ayit
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Ms. Frangoul then said to the Commission, "I also need for you to approve the amended
2000-2001 Budget."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
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"I MAKE A MOTION THAT WE APPROVE THE REVISED BUDGET FOR
FISCAL YEAR 2000-2001 AS PRESENTED." MOTION BY COMMISSIONER
MILLER. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
III. PUBLI C INPUT
Mr. Art Hoffman: spoke of the recent national events and suggested that everyone live
each day as ifit were their last, and added that one should not be grouchy.
Mr. Paul Stanifer, 117 Cherry Creek Circle, Winter Springs. Florida: spoke in support
of builder Ric Heidenescher. (A matter related to Mr. Heidenescher will be discussed
under Regular Agenda Item "F").
Mr. Tom Parker, 51 Partridge Circle, Winter Springs, Florida: spoke of his water being
cut off.
Tape (/Side B
Mr. Parker further spoke of problems he has experienced with an excessive bill and
related water bill problems.
Discussion followed on policies; problems with meters; and erroneous service cut-offs.
Deputy Mayor David W. McLeod asked, "I would like to know then, Mayor, why it takes
from January to September - when the first draft was prepared." City Attorney Anthony
A. Garganese explained to Deputy Mayor McLeod about the drafts of the proposed
policy, and said to him, "You should have it before you at the next Meeting."
Deputy Mayor McLeod advised Mr. Parker, "We now have a solution or policy to come
forward. That sounds .to me like we are going to retroactive it back to your situation, to
resolve whatever it was, or partially resolve it with you and I guess I would like to
perhaps see your presence at the next City Commission Meeting when we discuss this
thing, and let's find out if it is a workable solution."
Members of the Commission apologized to Mr. Parker for the problems he has
experienced. Commissioner Martinez said to the Mayor and Mr. Kipton D. Lockcuff,
P.E., Public WorksfUtility Department Director, tell the Manager that "We have to come
up with something and we have to make sure that we listen to his complaints more
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carefully." Commissioner Martinez suggested that the equipment may need to be sent to
"Somebody else."
Deputy Mayor McLeod then said, "Would Staff see that Mr. Parker IS notified the
evening that that is coming in front of us. I think that is important."
Mr. Harold Scott, 374 Twelve Oaks Circle, Winter Springs, Florida: spoke of water
billing problems, and suggested that the City implement a Policy.
Mayor Partyka stated, "We are going to fix this problem!" Ms. Frangoul then addressed
what is being done and mentioned that the Meter Services Manager is currently on
Reserve duty.
Deputy Mayor McLeod said, "I would advise the City Manager not to wait on this issue
because this issue has dragged on." Deputy Mayor McLeod said to Mr. Lockcuff, "I
would advise you that if he isn't back to work on Monday, that we pursue going
forward." Deputy Mayor McLeod clarified that "If on Monday, Greg [Bishop] is not
back, I would advise the Manager to move forward with the issue."
Mayor Partyka asked for the consensus of the Commission on this matter. Commissioner
Martinez stated, "I agree." Commissioner Robert S. Miller stated for the record, "If we
do decide to go out and hire someone, that under the United States Government Policies,
that man is entitled to have his job back, when he comes back." Commissioner Miller
further stated, "If we need to go out and hire somebody tonight, it's going to have to be
on short term, and it's going to have to be on that - basis, that this is strictly a thirty (30)
day at a time contract. I would probably agree with that, but I am not going to agree with
anything more long term than that." Deputy Mayor McLeod said, "My statement was not
to replace Greg; mine was to resolve the problem. Now, if resolving the problem means
you have to have a Consultant come in and help analyze; or City Staffhas to put someone
else in analyzing the situation that Greg has worked for a couple of months on to get
themselves up to speed as to where he was - that's exactly what I meant." Ms. Frangou1
explained to the Commission, "I think we can manually calculate this."
Mayor Partyka clarified, "From a Commission standpoint, we are in agreement that we
put this on the front burner."
IV. CONSENT
CONSENT
A. Police Department
Requesting The Commission To Give Approval For The City Manager And Police
Chief To Renew School Resource Officers Inter-Agency Agreement Between The
City Of Winter Springs And Seminole County School Board.
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CONSENT
B. Office Of The City Clerk
Approval Of The Minutes Of The August 28, 2001 Special City Commission
Meeting.
CONSENT
C. Office Of The City Clerk
Approval Of The Minutes Of The September 10, 2001 Regular City Commission
Meeting.
Commissioner Martinez stated, on page twenty-two (22) of the September 10, 2001
Minutes, under Regular Agenda Item "G," "I put a Motion on the floor to approve
alternative one (1) of the alternatives that were being presented to us, and there is no
disposition here of that Motion."
Mayor Partyka stated, "You'll handle that right Andrea [Lorenzo-Luaces]?"
CONSENT
D. Office Of The City Clerk
Approval Of The Minutes Of The September 12, 2001 Special City Commission
Meeting.
"MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY
COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
DEPUTYMAYORMcLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
V. INFORMATIONAL
INFORMATIONAL
A. Parks And Recreation Department
Providing The City Commission Current Information Regarding A Designated Dog
Park.
Discussion followed with Mr. Chuck Pula, Parks and Recreation Department Director.
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Deputy Mayor McLeod said, "I think we need to have more input on this from the
citizens. Weare looking at an additional group to possibly discuss the new park -
property that we purchased; and I think as part of that purchase we should take a look at
that as one of the items to be considered."
"I MAKE A MOTION THAT THE CITY SPEND NO MORE MONIES AT THIS
TIME ON THE DOG PARK." MOTION BY DEPUTY MAYOR McLEOD.
DEPUTY MAYOR McLEOD FURTHER STATED, "THE MOTION WOULD BE
THAT WE SPEND NO MORE TIME NOR MONIES AT THIS TIME ON THE
DOG PARK AND THAT WE WAIT UNTIL WE ANALYZE THE NEW
PROPERTY AND WE HAVE A COMMITTEE TO LOOK AT THAT."
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
COMMISSIONER MARTINEZ ADDED, "WE NEED TO LOOK AT THE ISSUE
WHICH HAS BEEN GOING BACK AND FORTH FOR TWO AND ONE HALF
YEARS NOW ABOUT TRANSPORTATION FOR SENIOR CITIZENS, AND I
THINK THAT WOULD BE A PRIORITY OVER A DOG PARK."
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
INFORMATIONAL
B. Not Used.
IN FORMA TIONAL
C. Police Department
Informing The Commission That It Will Be Hosting A Meeting With The Residents
On George Street Concerning Parking On George Street.
The Commission was advised that a meeting on this matter is being held on Wednesday,
September 26th at 7:00 p.m.
Brief discussion with Chief of Police Daniel J. Kerr.
Deputy Mayor McLeod said, "So, you are going to meet with them, and you're going to
come back and give us some direction as to what the Manager and what the Police
Department and also Utility thinks should be done." Mayor Partyka added, "And to
report back - October 22nd, at this point of time." Deputy Mayor McLeod added, "Will
you make sure that in that Agenda Packet is the old packet of information that we
previously did take the time to discuss."
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Commissioner Miller said, "I would also like to see Staff bring back the proposal for the
parking - on the north side of George Street. We discussed putting in parking there with
some kind of a landscaping feature. I would like to see that."
INFORMATIONAL
D. Parks And Recreation Department
Notifying The City Commission That Cox Events GrouplWMMO Radio Stations
Fall Music Fest On November 10, 2001, At Central Winds Park Will Have A $10.00
Per Ticket Cost.
Members of the Commission discussed this issue with Mr. Pula. Commissioner Martinez
spoke of his concern with "Turning Central Winds Park into a commercial enterprise."
Also of a concern with Commissioner Martinez was the use alcohol, and problems with
clean up. Commissioner Martinez further said, "I suggest that you re-think this price per
ticket that you are charging these people."
Discussion.
Deputy Mayor McLeod said "I understand the issue. I think the thing that we need to do
is take a look at this next year, when it comes back in front of us."
Commissioner Miller stated, "I think you have heard some of the concerns of the
Commission. I voice the same concerns so I suspect at some point we are going to be
hearing from you again, in the not too distant future regarding the details of this. I think
you have heard some of our concerns. So - if you need to address some with the
Attorney or with WMMO - get back to us at the appropriate time."
Mayor Partyka added, "This is a contractual issue already, we can't do anything other
than they are telling us what it is."
INFORMATIONAL
E. Office Of The City Manager/Office Of The City Attorney
Present To The City Commission Various Studies, Case Law, And Other
Information Regarding Adult Entertainment Establishments, Sexually Oriented
Businesses, And The .Effects Of Alcohol And Erotica And Deviant Sexual Behavior.
Commissioner Martinez suggested this be brought back as an Agenda Item or at a
Workshop.
Attorney Garganese advised the Commission, "You currently have an Adult
Entertainment Ordinance on the books. The purpose of this exercise is to update your
Adult Entertainment Ordinance and also consider regulations regarding alcohol and
nudity. The intent of this Agenda Item is simply the first stages of this whole process,
other than your initial direction to go forward and update your Codes. This stage is
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simply to submit to you the studies that are on that table that have been indexed, for you
to start mulling them over and considering them; then, we will come back with draft
Ordinances for you to consider. But, the purpose of tonight's is simply so this
Commission can accept these documents as the initial Legislative Record."
"I WOULD LIKE TO MAKE A MOTION THA T WE ACCEPT THE
INFORMA TION PROVIDED UNDER THIS AGENDA ITEM AND PUT IT INTO
THE RECORD." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
Tape 2/Side A
It was agreed that Members of the Commission should check out the binders of
documents with the City Clerk. Deputy Mayor McLeod said to Attorney Garganese,
"Thank you for the work that you have done on this."
VOTE:
DEPUTY MAYORMcLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
With further discussion, Attorney Garganese stated "A Workshop or a Special Meeting
probably would be in order." Members of the Commission agreed to hold such a
Meeting on Monday, November 5th, 2001 at 6:30 p.m.
INFORMATIONAL
F. Parks And Recreation Department
Providing Information To The City Commission Regarding The 2001 Winter
Springs Summer Day Camp Program.
Regarding the Informational Agenda, Mayor Partyka said, "I need a Motion to approve."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
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VI. PUBLIC HEARINGS - PART 2
PUBLIC HEARINGS
C. Community Development Department
Presenting To The City Commission A Request To Hold A Public Hearing To
Consider A Special Exception To Allow An Automobile Repair Shop For Only
Routine Service, As Set Forth In The City's Town Center District Code.
Mr. Charles Carrington, AICP, Community Development Department Director and Mr.
John Baker, AICP, Current Planning Coordinator, Community Development Department
introduced this Agenda Item. Brief discussion followed on recommendations and the
posting of the property.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
Mr. Carrington read a letter from an adjacent property owner, Mr. Lewis Blumberg, of
1130 East State Road 434. Copies of this letter were handed out to the Commission.
The "Public Input" portion of this Agenda Item was closed.
Deputy Mayor McLeod spoke about "Special Exceptions" and specifically inquired,
"Have we met, or are we meeting all of these exceptions?" Discussion followed on the
Staff DRC; whether the application complied with the appropriate criteria; and whether
the plan was drawn to scale."
Deputy Mayor McLeod spoke of Preliminary and Conceptual plans. Deputy Mayor
McLeod asked Attorney Garganese, "How can we be assured that that is how the
building is going to be erected?" Attorney Garganese suggested, "The best way to assure
that the project gets developed like that, and to make sure that the other conditions that
appear to be spread out throughout this Agenda Item, is by Development Agreement; and
I would recommend if you want to attach certain Commission conditions, that you do it
by Development Agreement, and record it against the propertY, so that it will be binding
and enforceable."
Further discussion followed on whether the site plan was drawn to scale, and
landscaping.
Mr. Ronald L. Wilson, Florida Site Selectors, Inc.: As a Realtor representing Mr. Joe
Miranda, he addressed the Commission on matters pertaining to this Agenda Item.
Commissioner Michael S. Blake arrived at 8:29 p.m.
Mayor Partyka stated, "Let the record show that Commissioner Blake is here now."
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Deputy Mayor McLeod then inquired about parking requirements in the Town Center.
Furthermore, Deputy Mayor McLeod said, "On State Road 434 the frontage road, there is
a frontage road shown on this drawing that is running in front of the bui lding. How wide
is the frontage road?" Mr. Wilson said, "That would be to the City to determine."
Deputy Mayor McLeod then asked, "Are you donating that property to the City?" Mr.
Wilson responded, "The City is requiring that we put in the frontage road." Discussion.
In reviewing the map, Deputy Mayor McLeod asked, "Can we get colored ones for up
here - at least for the books up here, that the Commissioners have, in the future?"
Deputy Mayor McLeod further said to Mr. Lockcuff, "Kip, would you ask the City
Manager to see that we have the same colored ones that we are going to deal with here."
Mr. Lockcuff stated, "Yes, Sir."
"Point of Order," stated Commissioner Blake. Discussion followed on this Public
Hearing and the DRC review process.
Mayor Partyka then said to Attorney Garganese, "From a 'Point of Order' though, is it
safe to go on?" Attorney Garganese agreed that it was. Deputy Mayor McLeod added
that Resolution 2001-08 should be referred to in this matter.
Discussion. Deputy Mayor McLeod said, "Charles, so what you are saying is that our
Consultants really are suggesting then that we do put the frontage road on that side of the
street. I am asking this because this is the first piece of property being developed on 434
in that area, so it will establish what is going to happen in the future." Mr. Carrington
said, "Yes, that is true."
Mr. Wilson was asked by Deputy Mayor McLeod, "What is the paving surface that is
going to be used on here?" Mr. Wilson responded, "Asphalt." Deputy Mayor McLeod
inquired about where the drainage was to go to and said, ''''I just really believe that the
information that we have in front of us, these - conceptual drawings just do not meet the
intent of what is supposed to come in front of this Board, at this time."
Deputy Mayor McLeod then asked about signage, and protecting neighboring properties.
With further discussion on this issue, Deputy Mayor McLeod said, "If we go forward
here, I would probably be making that kind of recommendation that we should look at
perhaps a taller wall back there."
Tape 2/Side B
Discussion followed on the frontage road; traffic circulation; and whether the correct
approval process was being followed. Attorney Garganese stated, "First of all, you need
to fill out a proper application. One of the application requirements for 'Special
Exception' in the Town Center is that you have a site plan drawn to scale, which shall
indicate five (5) things. Commissioner McLeod has gone over those five (5) things. It
appears to be a limited type of site plan. Also, your Code specifically states that the City
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Commission can require additional exhibits and may defer approval of 'Special
Exception' applications or schedule additional Public Hearings to review those exhibits."
Commissioner Miller said, "I share the same concerns that Commissioner McLeod has
brought up." Commissioner Miller further stated, "My recommendation would to be to
go back and completely review the Code; make sure that the next time this comes up that
we have everything we need, the items that have been mentioned by Commissioner
McLeod, and I think we ought to just Table this."
Commissioner Martinez spoke of a proposed wall, and said "You have to remember that
there are properties to the West of this site." Commissioner Martinez then asked, "There
is nothing shown here how you are going to protect - those properties from this
commercial piece." Commissioner Martinez then advised those in attendance that "If we
do approve this site eventually, that we abide by the City Attorney's suggestion and we
enter into a Developer's Agreement with these people to make sure that we can enforce,
not only this, but leakages of obnoxious liquids into other properties, and toxic waste."
Commissioner Blake spoke of his concern with excessive noise and said that he would
not support a "Special Exception."
"I WOULD LIKE TO MAKE A MOTION TO DENY THE 'SPECIAL
EXCEPTION' APPLICATION REQUEST FOR THE AUTO REPAIR SHOP AT
1135 EAST STATE ROAD 434 AND THE REASON I WOULD MOVE TO DENY
IT BECAUSE THE 'SPECIAL EXCEPTION' DOES NOT MEET THE
REQUIREMENTS STATED IN OUR CODE FOR A 'SPECIAL EXCEPTION.'"
MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION
FOLLOWED ON WHERE SUCH A BuSiNESS COULD Co IN tHE TOWN
CENTER AND WHETHER ANOTHER APPLICATION COULD BE
SUBMITTED WITH MORE INFORMATION AND BETTER
DOCUMENTATION.
ATTORNEY GARGANESE ADVISED THE COMMISS.ION, "IF YOU WANT TO
GIVE THE APPLICANT AN OPPORTUNITY TO MAKE ANOTHER
PRESENTATION AND ANOTHER PITCH, AN APPROPRIATE MOTION
WOULD BE A MOTION TO TABLE, TO REQUIRE THEM TO GET THEIR
ACT TOGETHER AND COME BACK BEFORE YOU AGAIN, AND NOT MAKE
A FINAL DECISION TONIGHT."
"MAYOR, I WOULD LIKE TO MAKE A MOTION TO TABLE THIS AT THE
PRESENT TIME." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION. ATTORNEY GARGANESE
CLARIFIED, "A MOTION TO TABLE TAKES PRIORITY UNDER ROBERT'S
RULES, IT'S NON-DEBATABLE."
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VOTE: (ON THE MOTION TO TABLE)
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
MOTION CARRIED.
Mayor Partyka stated, "Motion to Table has passed."
Mayor Partyka called a break at 9:28 p.m.
The Meeting was called back to order by Mayor Partyka at about 9:46 p.m.
PUBLIC HEARINGS
D. Not Used.
PUBLIC HEARINGS
E. Office Of The City Manager/Office Of The City Attorney
Present To The City Commission For A First Reading Of Ordinance No. 2001-49
That Would Establish A Procedure For The Appointment Of Alternate Board
Members To Winter Springs Boards And Commissions.
Commissioner Miller stated, "It is my understanding having read this that we are going to
look to see two (2) Alternates put on the Code Enforcement Board at this time, but that
we are going to leave in abeyance all of the other Boards until such time as it may be
required to appoint Members to the Boards also; but this is not mandating that we appoint
Alternates to all of the City's Boards, is that correct?" Attorney Garganese stated, "That
is correct."
Discussion.
Tape 3/Side A
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I WOULD LIKE TO MAKE A MOTION TO MOVE ORDINANCE NUMBER
2001-49 TO SECOND READING." MOTION BY COMMISSIONER
MARTINEZ. SECONDED. DISCUSSION.
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VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
F. Office Of The City Manager/Office Of The City Attorney
Present To The City Commission For The First Reading Ordinance No. 20ot-50
That Would Establish Additional Regulations Of Off-Premises Signs/Billboards.
"MOTION TO READ 20ot-50 BY 'TITLE' ONLY." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Discussion.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"MOTION TO MOVE ORDINANCE 20ot-50 TO A SECOND READNG AT THE
NEXT SCHEDULED REGULAR MEETING." MOTION BY COMMISSIONER
BLAKE. SECONDEO BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
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PAGE 15 OF 28
VII. REGULAR
REGULAR
A. Finance Department
Requesting The Commission Approve And Adopt A New City Retirement
Investment Policy.
Ms. Frangoul introduced this Agenda Item and the City's Consultant.
Mr. Steven Alexander, CCM, Senior Managing Consultant, Public Financial
Management, 201 South Orange Avenue, Suite 720, Orlando, Florida: briefly addressed
the Commission.
"MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
REGULAR
B. Office Of The City Manager
Requesting The City Commission Make A Decision Relative To A Request From
The Florida Public Utilities Company In Regards To An Exemption From The
Commercial Vehicle Ordinance.
Fire Chief Timothy J. Lallathin advised the Commission of a request from the Florida
Public Utilities Company "To have an exemption to the Commercial Vehicle Ordinance
in regards to a vehicle that one of their on-call personnel brings home."
Mr. Donald E. Kitner, Florida Public Utilities Company, 830 West Sixth Street, Sanford,
Florida: as the Division Manager of Florida Public Utilities Company, Mr. Kitner
addressed the Commission and introduced Mr. Don Middleton, Operations Manager for
Florida Public Utilities Company. They spoke of their request for an exemption to the
Commercial Vehicle Ordinance.
Much discussion.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 16 OF 28
"MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE
CITY MANAGER TO HAVE DISCUSSIONS WITH MR. KITNER OR AN
APPROPRIA TE INDIVIDUAL FROM THEIR COMPANY TO WORK OUT AN
AGREEMENT THAT WOULD ALLOW FOR UP TO TWELVE (12) WEEKS A
YEAR STORAGE FOR AN EMERGENCY BASIS OF THIS VEHICLE ON CITY
PROPERTY SOMEPLACE, WHETHER IT BE AT A PUBLIC WORKS
LOCATION, CITY HALL, A FIRE STATION OR POLICE STATION, OR SOME
OTHER APPROPRIATE CITY PROPERTY THAT THE MANAGER DESIRES
AS BEING APPROPRIATE - ALONG WITH ALL OF THE APPROPRIATE
RELEASES OF LIABILITY TO THE CITY FOR THE ALLOWANCE OF THAT
STORAGE." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
"I WOULD LIKE TO MAKE A MOTION TO AMEND THE MAIN MOTION TO
EXCLUDE THE POLICE DEPARTMENT FOR SECURITY REASONS."
AMENDMENT TO THE MOTION BY COMMISSIONER MARTINEZ.
COMMISSIONER BLAKE ADDED, "JUST TO CLARIFY, IT'S NOT JUST TO
SUGGEST THAT THERE WOULD BE AN OPEN ENDED PARKING PERMIT
FOR ANY CITY PROPERTY. IT WOULD BE ONE PLACE THAT WOULD BE
NEGOTIATED BY THE CITY MANAGER WITH THEM, AND WOULD BE A
PLACE THAT THEY DEEM TO BE APPROPRIATE TO FIT OUR INTERESTS
AS WELL."
AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND.
VOTE:
COMMISSIONER MILLER: NAY
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR McLEOD: NAY
COMMISSIONER MARTINEZ: NAY
MOTION DID NOT CARRY.
Discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THE GAS
COMPANY ON THE WEEKS THAT THEIR EMPLOYEE IS ON EMERGENCY
CALL TO BE ABLE TO PARK THE VEHICLE IN THE DRIVE OF THAT
RESIDENCE." MOTION BY DEPUTY MAYOR McLEOD.
MOTION DIED FOR LACK OF A SECOND.
Further discussion.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 17 OF 28
"I MAKE A MOTION THAT WE ALLOW THIS VEHICLE TO PARK AT OUR
CITY HALL OR AT THE PUBLIC WORKS DEPARTMENT OF THE CITY OF
WINTER SPRINGS FOR THE DURATION OF THE PERIOD THAT HE IS
SUPPOSED TO MANNING THAT VEHICLE, WHETHER IT BE EIGHT (8) OR
TWEL VE (12) WEEKS," MOTION BY COMMISSIONER MARTINEZ.
MOTION DIED FOR LACK OF A SECOND.
Brief discussion followed.
"AGAIN, I WILL MAKE A MOTION THAT IT IS PARKED IN THE
DRlVEW A Y OF THE RESIDENCE AND IT WILL BE REQUIRED TO HAVE
THE SIGN ON THE VEHICLE BLACKED OUT BY A MAGNETIC SIGN."
MOTION BY DEPUTY MAYOR McLEOD.
MOTION DIED FOR LACK OF A SECOND.
REGULAR
C. Office Of The City Manager
Requesting The City Commission Decide On A Methodology For Collecting
Balances Due On Delinquent Garbage And Stormwater Accounts Where
Water/Wastewater Services Are Not Provided By The City.
Mr. Gene DeMarie, General Services Department Director introduced this Agenda Item.
Tape3/Side B
Commissioner Blake asked, "Have we had any conversations with the top ten account
holders for the trash?" Mr. DeMarie responded, "No, Sir." Commissioner Blake then
asked why this had not been done. Mr. DeMarie said, "Well, we wanted to bring it
before the Commission first to get your feeling on how we should proceed."
Commissioner Blake further stated, "Maybe we proceed by having a conversation with
each of them and letting them know that on such a date, a lien will be filed, and on a
different date perhaps their trash service will end." Furthermore, Commissioner Blake
said, "I don't want to spend more than 35% of Staffs time in terms of dollars, trying to
collect it when we could ship it to a collection agency, though I really dislike that
alternative."
Commissioner Blake then inquired, "Is there something that we can do in terms of their
business license?" and asked about possible court actions. Commissioner Blake then
stated, "I dislike the option of going to a collection agency. I think we should exhaust all
these other options first, and after we have exhausted those, whatever we don't get then,
we should through the collection agency."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 18 OF 28
Commissioner Miller stated, "My suggestion would be to go out with a form letter and
inform all of these individuals that your accounts are delinquent. You wouldn't have to
put the amount on it; and that the City has decided to take the following actions, and
unless this account is settled within some period of time, 30, 60 days which would
included placing liens against their property, which would include revocation of the
occupational licenses at such time as they may come into the City to get them renewed,
which will include termination of their garbage service." Commissioner Miller also
suggested that we could use the City Attorney's letterhead.
Commissioner Martinez suggested that using a collection agency might be very helpful.
Deputy Mayor McLeod said, "I think your first thing is you get your general letter out to
them stating this is a past due account." Further discussion.
"I WILL MAKE A MOTION THAT WE EXTEND THE MEETING ONE (1)
HOUR." MOTION BY DEPUTY MAYOR McLEOD. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
"I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF TO
PREPARE A LETTER EITHER ON THE CITY ATTORNEY'S LETTERHEAD
OR ON CITY LETTERHEAD, WHATEVER IS APPROPRIATE AND HAVE
THAT LETTER INCLUDE - AN ADVISORY TO ALL OF THESE -
CORPORATIONS OR INDIVIDUALS THAT THE CITY INTENDS TO
COLLECT THIS WITIDN THIRTY (30) DAYS AND IF IT IS NOT
FORTHCOMING WITHIN THIRTY (30) DAYS THAT IT WILL IMPACT
OCCUPATIONAL LICENSES. IT COULD INVOLVE LIENS AGAINST
PROPERTY; IT COULD INVOLVE COLLECTION AGENCIES AND THAT
THE CITY WILL LEVY BACK INTEREST ON THE ACCOUNT FOR AS LONG
AS THEY HAVE BEEN OUTSTANDING, IF NOT PAID WITHIN THE THIRTY
(30) DAY PERIOD." MOTION BY COMMISSIONER MILLER.
COMMISSIONER MILLER ADDED, "AND ALSO THE OPTION OF
DISCONTINUING SERVICE."
DEPUTY MAYOR McLEOD ASKED, "DOES THAT ALSO INCLUDE AT THE
END OF THIRTY (30) DAYS, ONE OF THE OPTIONS - BEING WE TURN IT
OVER TO A COLLECTION AGENT? AND WHAT WE ARE REALLY SAYING
HERE IS THAT WE'RE REALLY TURNING THIS BACK TO STAFF TO
HANDLE IT." THIS WAS AGREED TO. SECONDED BY DEPUTY MAYOR
McLEOD. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 19 OF 28
COMMISSIONER MARTINEZ INQUIRED ABOUT THE SCHOOL BOARD.
ATTORNEY GARGANESE STATED, "I WOULD EXCLUDE THE SCHOOL
BOARD FROM THIS PROCEDURE. THERE IS AN ISSUE WHETHER THE
SCHOOL BOARD IS OBLIGATED TO PAY STORMWATER FEES."
ATTORNEY GARGANESE FURTHER SAID TO COMMISSIONER
MARTINEZ, "IT WOULD BE A GOOD IDEA PERHAPS IN LIEU OF PAYING
THE FEES THAT THEY CONTRIBUTE THE $3,500.00 TO OFFSET THE FEES.
THAT IS AN OPTION."
COMMISSIONER MILLER THEN STATED, "MR. MAYOR, I HAD INTENDED
TO INCLUDED THAT IN MY MOTION." COMMISSIONER MILLER THEN
STATED, "I WOULD LIKE TO AMEND MY MOTION TO DELETE THE
SCHOOL BOARD FROM THIS NOTIFICATION. AMENDMENT TO THE
MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR
McLEOD. DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
VOTE: (ON THE MAIN MOTION, As AMENDED)
COMMISSIONER MARTINEZ: NAY
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: NAY
MAYOR PARTYKA: AYE
MOTION CARRIED.
REGULAR
D. Office Of The City Attorney
Requests That The City Commission Pass Ordinance #2001-51 As An Emergency
Ordinance To Further Extend The Franchise Agreement Between The City And
Florida Public Utilities Company (FPUC) From October 1,2001 Until November 12,
2001 (1 st Commission Meeting In November 2001).
"MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ.
SECONDED. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 20 OF 28
VOTE:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Attorney Garganese advised the Commission, "Attached to the Emergency Ordinance is
the draft of the new franchise - that is being considered. If you have any comments
regarding that Ordinance, please forward them to my office."
REGULAR
E. Office Of The City Manager
Requests That The City Commission Approve The 1 00% Vesting Of The
Mandatory 3% Of Employee Salary Contributions To The Pension Fund, From
Date Of Contribution.
Discussion.
Ms. Sandra Turner, President, Retirement Plan Specialists, Inc., 2 Lawn Street, Oviedo,
Florida Mr. Donald D. Chapman, E.A., MA.A.A., M.S.P.A., Consulting Actuary,
Retirement Plan Specialists, Inc., 2 Lawn Street, Oviedo, Florida: were introduced and
discussed matters with the Commission.
With discussion, Ms. Turner stated, "Municipality plans, Governmental plans are a total
different animal than small businesses." Discussion followed on cash-outs and vesting.
Deputy Mayor McLeod spoke of his concern with "Keeping people's money."
Tape 4/Side A
Commissioner Martinez spoke on his previous request to clarify the record.
Discussion.
Commissioner Blake stated, "Why don't we just fix it by not having the employee's have
a contribution?" Commissioner Blake added, "Why don't we fix it by redefining the
dollar?" With further brief discussion, Commissioner Blake said, "So what you are
telling me is if we re-define the dollar, it actually reduces the cost for the employer if we
re-define them all as employer dollars, as opposed to emPloyer and employee dollars."
Discussion. Commissioner Blake explained that "Currently, the City has an amount of
money that they spend for their employees. Some of it goes in wages, some of it goes in
FICA, some of it goes in benefits of other sorts. But when you add it all up, it's one
number. Some of those dollars funnel through the gross wages that are then added in and
then deducted from the employees paycheck and put into this fund. What I am
CITY OF WINTER SPRJNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 21 OF 28
suggesting is you don't go that route; you transition over some time." Commissioner
Blake further commented on the transition process and suggested, "Next year, they only
have a two percent (2%) mandatory contribution, and we put nine percent (9%) in. The
year after that, they only have one percent (1 %) mandatory contribution. You still have
some early years where you have to take care of this problem of what happens when
somebody leaves and you make a policy decision on that, but the idea is, ultimately they
will end up with more money later on, a bigger benefit and it will cost the City less."
Deputy Mayor McLeod stated, "This evening, the City would not have to come up with
anything else, as far as the $25,000.00, if we took this back, to the time that they
contribute the three percent (3%).
"I MAKE A MOTION THAT WE DO TAKE THE RECOMMENDATIONS OF
THE STAFF AND THE BOARD OF TRUSTEES." MOTION BY DEPUTY
MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
"I WOULD LIKE TO AMEND THE MOTION - AMEND THE MOTION TO
FURTHER DIRECT THE CITY MANAGER TO MEET WITH STAFF AND THE
CONSULTANT TO DO SOME INVESTIGATIVE WORK ON HOW COST-
SHIFTING MIGHT AFFECT THE NUMBERS OVER A TEN (10) YEAR
PERIOD."
AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: NAY
MOTION CARRIED.
Mayor Partyka thanked the Consultants.
REGULAR
F. Community Development Department.
Presents To The City Commission The Request Of Heidenescher Homes For A
Variance From The Established Front Yard Setback Line At Lot 11, 136 (formerly
132) Cherry Creek Circle, In The Reserve At TuscawiIIa, Phase IA.
Mr. Baker introduced this Agenda Item to the Commission. Discussion.
Mr. Ric Heidenescher, 101 Cherry Creek Circle, Winter Springs, Florida: addressed the
Commission and explained several mistakes that happened. Documents were handed out
to the Commission.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24,2001
PAGE 22 OF 28
Much discussion.
"I WOULD LIKE TO MAKE A MOTIION TO EXTEND THE MEETING"BY
THIRTY (30) MINUTES." MOTION BY COMMISSIONER BLAKE.
SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION.
VOTE:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Further discussion ensued with Members of the Commission, Attorney Garganese, and
Mr. Heidenescher on the proposed Variance; related circumstances; special
privileges/special benefits; and the criteria required for a Variance to be approved.
Tape 4/Side B
Further discussion.
Mr. Greg Goodenbury, 136 Cherry Creek Circle, Winter Springs, Florida: spoke to the
Commission regarding the problems with the building of his home.
Ms. Maggie Goodenbury, 136 Cherry Creek Circle, Winter Springs, Florida: addressed
the Commission on this situation.
Deputy Mayor McLeod asked Attorney Garganese how this affects the Commission
"From a legal standpoint." Attorney Garganese responded, "This particular Variance
application is - much different than the previous one that you had." Attorney Garganese
further said, "This case really falls on applying the six (6) criteria. It's based on the facts
that are presented." Discussion.
Deputy Mayor McLeod asked for Attorney Garganese to guide the Commission in this
matter. Brief discussion.
Commissioner Miller suggested, "I would like to recommend that we strongly consider
tabling this until the next Commission Meeting."
"MOTION TO EXTEND THE MEETING THIRTY (30) MINUTES." MOTION
BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION.
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 23 OF 28
VOTE:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Commissioner Martinez departed at 12:34 p.m.
Attorney Garganese asked Mr. Heidenescher about several issues, which dealt with the
construction of this house, and the lot that the house was built on.
Mr. Mark Queen, 129 Cherry Creek Circle, Winter Springs, Florida: addressed the
Commission as the Homeowners Association President, and advised those in attendance
that at the annual Homeowners meeting, "The majority of the people that attended the
meeting were in favor of doing nothing to the house - leaving it as is."
Attorney Garganese consulted with the City's Building Official, Dennis Franklin on the
structure in question, and the lot.
Deputy Mayor McLeod further spoke of Attorney Garganese assisting the Commission
with this matter. Attorney Garganese stated, "Do you want me to go over the criteria, to
say what I think would support a decision? The decision is yours, but I would be happy
to go over each'criteria." Attorney Garganese then stated, "What you see in front of you,
I think is potentially a special condition or circumstance peculiar to the land regarding the
setback. The fact that the roadway is not up - against the property line, which is relevant
to the setback." Further discussion ensued with Mr. Heidenescher.
COMMISSIONER BLAKE STATED, "I MAKE A MOTION THAT WE MAKE A
FINDING THAT THE SIX (6) CRITERIA HAVE BEEN MET AND..."
COMMISSIONER BLAKE CONTINUED WITH HIS MOTION AND STATED, "I
MAKE A MOTION THAT THE COMMISSION FINDS, BASED ON
TESTIMONY THIS EVENING THAT THE SIX (6) CONDITIONS REQUIRED
FOR THE GRANTING OF A VARIANCE HAVE BEEN MET AND THAT WE
HEREBY GRANT THE VARIANCE FOR THE PROPERTY AT - RESERVE -
LOT 11, TO ALLOW A MINIMUM FRONT SETBACK - NOT TO BE LESS
THAN 17.37 FEET AT ITS' NEAREST POINT." MOTION BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD.
DISCUSSION.
Tape 5/Side A
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 24 OF 28
COMMISSIONER MILLER SAID, "I WOULD ENTERTAIN TO GO ALONG
WITH IT IF THERE IS -I THINK REALLY THIS IS A MINIMAL AMOUNT, I
THINK WITH A FINE OF $5,000.00 I'LL GO ALONG WITH IT, AGAINST THE
BUILDER." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER.
MAYOR PARTYKA STATED, "I NEED AN EXTENSION." "FIFTEEN (15)
MINUTES - I'LL GO ALONG WITH IT." MOTION BY COMMISSIONER
MILLER. DEPUTY MAYOR MCLEOD SAID, "IS YOUR MOTION FOR
FIFTEEN (15) MINUTES?" COMMISSIONER MILLER SAID, "YES."
SECONDED BY DEPUTY MAYOR McLEOD, DISCUSSION.
VOTE: (TO EXTEND THE MEETING)
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND.
Further discussion.
VOTE: (ON THE MAIN MOTION)
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: NAY
MOTION DID NOT CARRY.
Brief discussion.
"TO APPROVE A MOTION FOR A $5,000.00 FINE AGAINST THE BUILDER
FOR THE VARIANCE THAT WE WILL APPROVE." MOTION BY
COMMISSIONER MILLER.
MOTION DIED FOR LACK OF A SECOND.
Discussion.
"I'D LIKE TO GO AHEAD AND REQUEST A VARIANCE ON THE PARCEL
AND THE BUILDER BE FINED A $3,000.00 FINE." MOTION BY DEPUTY
MAYOR McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION
FOLLOWED ON WHERE THE MONIES WOULD GO.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 25 OF 28
"A $3,000.00 FINE THAT WILL BE APPROPRIATED FOR THE SPECIFIC USE
OF AN UPGRADE TO THE ENTRANCE AT - TUSCORA ROAD FOR TBD
(TUSCAWILLA BEAUTIFICATION DISTRICT)." AMENDMENT TO THE
MOTION BY COMMISSIONER BLAKE.
MOTION DIED FOR LACK OF A SECOND.
VOTE: (ON THE MOST RECENT MOTION BY DEPUTY MAYOR McLEOD)
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: NAY
MOTION DID NOT CARRY.
Further discussion.
"MY MOTION IS TO APPROVE THE VARIANCE WITH ALL STIPULATIONS
THAT WERE PREVIOUSLY STATED AND TO CREATE A FINE OF $3,000.00
THAT WOULD BE DIRECTED TO THE TUSCAWILLA BEAUTIFICATION
FUND THAT WILL DIRECTED TO UPGRADES AND IMPROVEMENTS AT
THAT ENTRANCEWAY ONLY." MOTION BY COMMISSIONER BLAKE.
SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION.
Brief discussion.
"THAT WE . PUT HALF THE MONEY IN THE TBD (TUSCAWILLA
BEAUTIFICATION DISTRICT) AND WE PUT HALF IN THE GENERAL
FUND." AMENDMEMT TO THE MOTION BY COMMISSIONER MILLER.
SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MILLER: AYE
. ~ . _ . . . M _ . _. _.,. _ . . .. ~ _ ~ . .
MOTION CARRIED.
VOTE: (ON THE MAIN MOTION, AS AMENDED)
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mayor Partyka clarified, "Just so you are clear. A $3,000.00 fine. $1,500.00 goes
directly to TBD for that area and $1,500.00 will go into the General Fund."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 26 OF 28
IX. ADJOURNMENT
"MOTION TO ADJOURN."
SECONDED. DISCUSSION.
MOTION BY COMMISSIONER BLAKE.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: NAY
MOTION CARRIED.
Mayor Partyka adjourned the Meeting at approximately 1: 16 a.m.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT
DISCUSSED DURING THIS MEETING. .:..:.
REGULAR
G. Parks And Recreation Department
Requesting The City Commission To Establish A Date For A Workshop On The
Petition To Consider A Public Swimming Pool For Winter Springs.
REGULAR
H. Parks And Recreation Department
Requesting The City Commission To Discuss The Conceptual Master Planning Of
The Expansion Of Central Winds Park,
REGULAR
I. Office Of The City Clerk
Requests That Commissioner Michael S. Blake Make An Appointment To The
Planning And Zoning. BoardlLocal- Planning Agency To Replace Board Member
Brent Gregory Who Is Resigning.
REGULAR
J. Community Development Department
Requests That The City Commission Untable This Item And Reconsider Making A
Contribution, Which Would Represent The City's Pro Rata Share Of Existing Basic
Transit Services, As Well As Explore Alternatives For Expanding Current And
Future Public Transit Needs.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 27 OF 28
REGULAR
K. Commissioner Robert S. Miller
Requesting the City Commission Consider The Unpaid Bill Of $1278.21 Requested
Of Mayor Paul P. Partyka In An Invoice From The City Of Winter Springs Dated
November 16, 1999 And Approved By The City Commission On November 29,
1999.
REGULAR
L. Office Of The City Manager
Requests That The City Commission Consider Either Reappointing Mr. Donald
Gilmore To Serve As The Representative To The South Seminole & North Orange
County Wastewater Transmission Authority Or To Reappoint Another Individual.
Additionally, The City Commission Is Requested To Consider Either Reappointing
Mr. Roy Prince As The Alternate To The South Seminole & North Orange County
Wastewater Transmission Authority Or To Reappoint Another Individual.
VIII. REPORTS
REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
REPORTS
B. City Manager - Ronald W. McLemore
REPORTS
C. City Clerk - Andrea Lorenzo-Luaces
REPORTS
D. Commission Seat Five - David W. McLeod
REPORTS
E. Commission Seat One - Robert S. Miller
REPORTS
F. Commission Seat Two - Michael S. Blake
REPORTS
G. Commission Seat Three - Edward Martinez, Jr.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 2001
PAGE 28 OF 28
REPORTS
H. Commission Seat Four - Cindy Gennell
REPORTS
I. Office Of The Mayor - Paul P. Partyka
NOTE: These minutes were approved at the October 8, 2001 Regular City Commission Meeting.