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HomeMy WebLinkAbout2001 08 27 Consent B Approval of the August 13, 2001 Regular City Commission Meeting Minutes COMMISSION AGENDA ITEM B Consent X Informational Public Hearings Regular August 27. 2001 Regular Meeting Mgr. 1 Dept. Authorization CONSENT B. Office Of The City Clerk Approval Of The Minutes Of The August 13,2001 Regular City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 13,2001 I. CALL TO ORDER The Regular Meeting of August 13,2001 of the City Commission was called to order by Deputy Mayor David W. McLeod at 5:08 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, ,Winter Spri~gs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, absent Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, absent Commissioner Michael S. Blake, arrived at 7:39'p:m.' Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, absent Mr. Gene DeMarie, General Services Director, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Deputy Mayor McLeod explained to those in attendance at tonight's Meeting that the time for this Meeting had been changed, as most of the Commission had to take early flights the next day to meet with the Governor and Cabinet regarding Trail Heads for the City of Winter Springs. Agenda Changes were then discussed. Commissioner Cindy Gennell suggested that Regular Agenda Item "A" be handled at the end of the Regular Agenda. Commissioner Edward Martinez, Jr. and Deputy Mayor McLeod agreed with this. Attorney Anthony A. Garganese returned to the Commission Chambers at 5: 11 p.m. Presentations Ms. Doreen Gruber, Principal of Winter Springs High School awarded a certificate to the City Commission, and a plaque to Chief Daniel 1. Kerr, Police Chief for their contributions to "Project Graduation." Deputy Mayor McLeod thanked Principal Gruber on behalf of the City and the P~lice Department. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2001 PAGE 2 OF 24 Deputy Mayor McLeod advised those in attendance that the "Public Hearings" portion of this Meeting would be handled at or after 6:30 p.m., as several Ordinances were advertised referencing this time. II. PUBLIC INPUT Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: spoke of,a letter he sent to the City Commission and City Manager regarding a dog park and read this into the record. Deputy Mayor McLeod advised Mr. DeMarie to "See that the City Manager gets that input. " Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: handed out a document to members of the Commission and advised the Commission that she felt that having a Workshop on the issue of pets would "Be a waste of our City's time" and should just be handled on a future Agenda. Ms, Bosse then spoke on her concern with a neighbor's dogs and potential code violations. Ms. Joanne Krebs, 1002 Taproot Drive. Winter Springs, Florida: spoke on the Code Enforcement Board's need for Legal Counsel at their meetings, and especially for the upcoming Meeting. Ms. Krebs also mentioned that Garbage Service is very poor and needs to be improved. Regarding the problems with the City's Garbage Service, Deputy Mayor McLeod stated, "Gene can follow up with that, with the City Manager." In terms of the request for Legal Counsel, Commissioner Gennell stated, "It's my recommendation that the City Attorney and the City Manager look at the possibility of doing that." Commissioner Gennell further said, "I'd like it to be looked into." Commissioner Martinez suggested to Ms. Krebs that "We do have a City Attorney and if you have an Agenda which if in your opinion requires the need of legal advice, you contact Mr. Garganese." Attorney Garganese commented that "We probably should agenda this Item for the Commission's consideration at a Meeting." Attorney Garganese added that "I can serve as the Code Enforcement Prosecutor or I can serve as the Code Enforcement Board Attorney, one or the other. That is a policy decision for this Commission." The Commission was asked for their input on having Legal Counsel available at the next Code Enforcement Board Meeting. Commissioner Gennell said, "My suggestion would be to let the City Manager make that decision." Attorney Garganese explained that he would be in attendance at the next Code Enforcement Board Meeting to present a "Motion to the Board, so if the Code Board were to get Legal Counsel we would have to CITY OF WINTER SPRINGS tvIINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,200] PAGE 3 OF 24 get somebody outside the City to sit up there, at the next Meeting." Deputy Mayor McLeod advised Mr. DeMarie, "Would you also please make sure that the Manager brings back to us an Agenda Item" regarding this matter "In the near future." Deputy Mayor McLeod also suggested that Attorney Garganese would work with the City Manager on the Agenda Item. Attorney Garganese replied, "My pleasure." Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: handed out an excerpt from the February 12, 2001 City Commission Meeting Minutes and asked how much longer it would take to have the problems associated with the Animal Ordinance taken care of? Mr. Warner also handed out a copy of a letter dated April 20, 1999 from Ms. Sandra Rawlins, and read a portion of the letter, which dealt with finding homes for animals. Mr. Warner asked Deputy Mayor McLeod, "Is there a permit for this work - is there a permit to have this Animal Rescue - in this residential area?" Deputy Mayor McLeod stated, "I cannot answer that at this time. I'd have to ask our City Officials to look into that. I suspect not." Deputy Mayor McLeod then mentioned to Mr. Warner that "We are going to discuss this evening - whether or not we are going to have a Workshop on this." Commissioner Gennell asked Attorney Garganese, "Had you seen this letter, previous to this?" Attorney Garganese said, "No." Commissioner Gennell then stated, "I don't have any recollection of seeing this letter. Did you give it to Jimette (Cook)?" Ms. Jimette Cook, Code Enforcement Division Manager addressed her recollection of the letter and related events. Commissioner Gennell then said to Ms. Cook, "This letter, you believe was part of "an Agenda packet that was dealt with at some time?" Ms. Cook responded, "I believe so." Commissioner Gennell further commented that the letter references a "Non- profit corporation" and the link to "Operating a business in a residential area." Mr. Lawrence Walters, 455 Douglas Avenue, Suite 2155-31, Altamonte Springs, Florida: as Legal Counsel for Ms. Sandra Rawlins, he spoke on his concern with the proceedings, and reiterated their offer "To sit with the City Attorney and to try to develop ways to deal with the overall issue of Pet Rescues." Mr. Walters further commented on his client's actions and his concern with how this matter is being handled; and a neighbor's allegations against his client. Deputy Mayor McLeod commented on this matter and related cases, and felt that "We at least need to find out what Code Enforcement has to bring to the table, and then we can make an intelligent decision after that." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 4 OF 24 III. CONSENT CONSENT A. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The Seminole County/City Of Winter Springs Inter-Local Agreement Community Development Block Grant Program. Program Year 2001-002. CONSENT B. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From Norbert Dorsey, As Bishop Of The Diocese Of Orlando. CONSENT C. Not Used CONSENT D. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From John Brereton. CONSENT E. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From Fernando And Wanda Fuentes. CONSENT F. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From The Reserve At Tuscawilla Homeowners Association Inc. CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The July 23, 2001 Regular City Commission Meeting. CONSENT H. Office Of The City Clerk Approval Of The Minutes Of The August 2, 2001 Special City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13. 200 I PAGE 5 OF 24 "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. Tape )/Side B IV. INFORMATIONAL INFORMATIONAL A. Finance,Department .. "" _ ___ Requesting The City Commission Review Information Regarding The Status Of The Utility Billing Computer Conversion. INFORMATIONAL B. Public Works Department InJorm Commission Of Action Taken By The Public Works Department In Mosquito Control Measures - Summer 2001. Regarding Agenda Item "B," Commissioner Gennell asked that Mr. DeMarie "Take this back to the City Manager." Commissioner Gennell further stated that "With the State, and County's and the Cities all looking at this issue and it's a serious health concern, I don't think that we can really deal with it adequately on - the Informational Agenda, because I personally would like some more information and I think that the rest of the Commission could benefit from some more information." Commissioner Gennell then stated that "I also would like some information regarding what the Federal and State policies and regulations are that regulate spraying, and the amount of spraying that you can do, that you're allowed to do, compared with what the City is currently doing. So, I would like to see some more information on this, and see it come up as an Agenda Item, on the Regular Agenda, in the future." Commissioner Martinez and Deputy Mayor McLeod both agreed with the request for more information, and that this come back as a Regular Agenda Item. "SO MOVED, TO APPROVE ITEM 'A.'" MOTION BY COMMISSIONER GENNELL. REGARDING INFORMATIONAL AGENDA ITEM "B," COMMISSIONER GENNELL ADDED, "WE COULD ACCEPT THIS REPORT FOR WHAT WE HAVE IN FRONT OF US, THERE IS NO PROBLEM ACCEPTING THIS. IT'S JUST THAT WE DIRECT STAFF TO BRING - IT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2001 PAGE 6 OF 24 BACK AND MORE INFORMATION UPON OUR REGULAR AGENDA, LATER." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR McLEOD CLARIFIED, "SO THE APPROVAL OF WHAT YOUR MOTION THEN IS - 'A' AND 'B,' AND THEN WHAT YOU'RE ASKING FOR - IS MORE INFORMATION ON 'B.'" THIS WAS AGREED TO BY COMMISSIONER GENNELL AND COMMISSIONER MARTINEZ. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS " "WERE DISCUSSED NEXT, AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR B. Office Of The City Clerk Requests That Commissioner Cindy Gennell Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. (This Agenda Item Was Previously Listed As Regular Agenda Item "c" On The July 23, 2001 Agenda, But Due To Time Constraints, It Was Not Heard). COMMISSIONER GENNELL STATED, "I WOULD LIKE TO NOMINATE MR. MIKE MASTERS FROM OAK FOREST, TO BE ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST) 3,2001 PAGE 7 OF 24 REGULAR C. Office Of The City Attorney Presents The Results Of Legal Research And Requests Direction From The City Commission Regarding The Preparation Of An Ordinance Which Would Regulate The Number Of Animals At Each Residence Within The City Of Winter Springs. (This Agenda Item Was Previously Listed As Regular Agenda Item "E" On The July 23, 2001 Agenda, But Due To Time Constrai1't~, !t ,Was Not Heard). Regarding this Agenda Item, Commissioner Gennell said, "I suggest that we do put this on a Workshop, I think that gives more opportunity for more citIzens pro and con and for us to hear - and to gather information." Commissioner Gennell further stated, "I would also suggest that the County Animal Control person..." Deputy Mayor McLeod said, "...I gave that name to the City Manager and asked him to make sure that person would be present." Commissioner Gennell then said, "It is my recommendation that we handle Item 'c' by scheduling a Workshop for it when the whole Commission is here that can agree ona-proper.date." - - . . .-, .. Mr. DeMarie advised the Commission that "I have been advised by Mr. Carrington that you have a Special Meeting next Monday evening. Maybe you want to work that Workshop around the Meeting somehow. Or a Special Meeting is requested, I don't know how you are presenting this, Charles, it's consideration and approval of the James Doran Company site plan and elevations for the Publix grocery store and the second item is working with the Planning and Zoning Board on the updated Comprehensive Planning elements." Mr. DeMarie added, "I'm suggesting the Workshop might be before or after." Brief discussion followed on several meetings that have been planned that pertain to the James Doran Company. Mr. Charles C. Carrington, AICP, Community Development Department Director then advised the Commission that there are two issues. "One, the meeting with the Staff DRC on the 10th which was Friday, dealt with two issues. One, the site plan which must come on to this Board for final approval and JDC has asked for accelerated review and approval, because they want to get under construction because of deadlines with Publix. So, that meeting was scheduled some time ago I understood, on the 20th, which is next Monday. And we also talked about the other issue, is in connection with the update of the Comprehensive Plan and the Planning Commission, and this body wishes to have a Workshop with the Consultants on the Elements of the Comprehensive Plan." Mr. Carrington then explained that the Special Meeting on the 20th "Would deal with two issues, one, the site plan. The second issue would be the elevations or the facades for the four (4) sides of the grocery store, the Publix building." Mr. Carrington then said that a "Third Item" on the 20th would be a Workshop "Dealing with the Comprehensive Plan Elements." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 8 OF 24 Deputy Mayor McLeod then spoke of the planned meeting scheduled for August l61h with Commissioner Miller (and Deputy Mayor McLeod). Deputy Mayor McLeod then said, "Do we have a date for this Workshop." Deputy Mayor McLeod then explained that it would be a Workshop dealing with Regular Item "c." Dates were discussed, and it was suggested that this Workshop be held on "The first Monday that is available" (not including the Labor Day holiday); but as the first available Meeting date was Monday, September 18, 2001, Members of the Commission felt that this date was later than they would like. The Commission agreed with Mr. DeMarie's suggestion that the City Manager probably would "Get with you individually and schedule it." Deputy Mayor McLeod added, "And let's see if we can schedule it before the next three (3) weeks." Deputy Mayor McLeod then said, "Is that agreeable with everybody?" Commissioner Martinez stated, "Very good." Commissioner Gennell stated, "Yes." . . "l'MOVETHAT THE CITY MANAGER BE INSTRUCTED TO POLL THE COMMISSIONERS ON WHAT DATES THEY HAVE AVAILABLE TO MEET; HOPEFULL Y WITHIN THE NEXT THREE (3) WEEKS ON THE WORKSHOP ON THE PET - REGULATIONS." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "AND I WOULD SUGGEST THAT MAYBE YOU CAN - INVITE MS. RAWLINS; THE PEOPLE THAT THE ATTORNEY WAS REFERRING TO, AND BRING THEIR NOTES, AND GIVE THEM TO US - OR WHATEVER THEY WANT to PRESENT." DEPUTY MAYOR McLEOD ADDED, "I THINK WE - WOULD LIKE TO INSTRUCT CODE ENFORCEMENT ON ANY ISSUES THAT MAY BE OUT THERE WITH RESIDENTS THAT THEY HAVE HAD RECENTLY OR MAYBE EVEN BACK FOR THE LAST YEAR, ON DOGS, AND CATS, OR ANY OTHER ANIMAL CONTROL PROBLEMS, THAT THEY BE NOTIFIED AND LET THEM KNOW THAT THERE IS GOING TO BE A WORKSHOP ON IT AND LET'S GET THEIR INPUT, AND - PEOPLE THAT HAVE HAD THE PROBLEM AS WELL AS THE OWNERS OF THE PETS." COMMISSIONER MARTINEZ ADDED, "I THINK CODE ENFORCEMENT SHOULD BE READY TO ANSWER ANY QUESTIONS REGARDING ANIMAL COMPLAINTS IN THE PAST FEW YEARS." FURTHERMORE, DEPUTY MAYOR McLEOD SUGGESTED THAT MANAGER McLEMORE HAVE THE SEMINOLE COUNTY ANIMAL CONTROL INDIVIDUAL ATTEND THIS WORKSHOP." DEPUTY MAYOR McLEOD ALSO SUGGESTED, "I BELIEVE LONGWOOD ALSO THEIR OWN ANIMAL CONTROL - IF WE COULD GET SOMEBODY REPRESENTING THE CITY OF LONGWOOD, FROM THE STANDPOINT OF WHAT THEY DO THERE, AND PERHAPS ORANGE COUNTY." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 9 OF 24 COMMISSIONER GENNELL THEN SUGGESTED, "I WOULD LIKE TO SUGGEST FURTHER THAT IN STRUCTURING THE WORKSHOP, I AGREE COMPLETEL Y WITH BRINGING IN OTHER EXPERTISE, AND IN AS MUCH AS WE'RE BRINGING THESE PEOPLE IN, AFTER THEIR NORMAL WORK DAY IN THEIR OWN BUSINESSES OR CAREERS, I WOULD RATHER HEAR FROM THEM FIRST, AND LET THEM GO ON THEIR WAY, RATHER THAN . . HAVE THEM SIT THROUGH, PERHAPS A COUPLE OF HOURS OF CITIZEN INPUT THEY WOULD HEAR IN THEIR OWN JOB EVERYDAY, ANYWAY." DEPUTY MAYOR McLEOD AGREED AND SAID, "WE SHOULD TAKE THE PROFESSIONAL SIDE OF IT FIRST." ADDITIONALLY, DEPUTY MAYOR McLEOD SUGGESTED, "WE NEED TO OPEN THIS TO THE PUBLIC." VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. REGULAR D. General Services Department Requests That The City Commission Approve The Attached "Engagement For Pension Attorney Services" And Authorize The City Manager To Execute. Brief discussion. "I'LL MOVE TO APPROVE THE ENGAGEMENT OF THE PENSION ATTORNEY'S SERVICES - WITH JAMES W. LINN." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. REGULAR E. General Services Department Requests That The City Commission Approve The 100% Vesting Of The Mandatory 3% Of Employee Salary Contributions To The Pension Fund, From Date Of Contribution. Much discussion. CiTY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,200] PAGE 10 OF 24 Commissioner Martinez inquired "Where the $25,000 was coming from?" Mr. DeMarie stated that "It would either be an employer contribution of the total amount or some combination of employer and employee contribution." Deputy Mayor McLeod stated, "So what you're really saying is the three percent (3%) is the money that's by the employee, that put into the fund. At the end of three (3) years that employee leaves, where saying at that time, you did not have the right to take with you, the money you vested?" Mr. DeMarie said, "That's exactly right." With further discussion on the actuarial calculations, Deputy Mayor McLeod asked,' "Our consultants took all the profits and rolled those forward and took no consideration of - ever coming out of it for administrative?" Mr. DeMarie stated, "The administrative fees are not considered in the projections. They are separate. They are talking about strictly benefit calculations." Deputy Mayor McLeod then said, "But the only benefit calculation they had was forward going and never anybody ever leaving?" Mr. DeMarie responded, - . -"T-hat-Ican't answer Mr. McLeod, I really don't know how they do it to tell you the truth, it's a very technically precise thing, and that why we pay actuaries big bucks. I really don't know that." Deputy Mayor McLeod then said, "Well, I think if that's the case, I think there has been a real misrepresentation by them." Furthermore, Deputy Mayor McLeod added, "So the fund is benefiting by the fact that they are leaving." Additionally, Deputy Mayor McLeod said, "You're saying they can't take their money with them." Mr. DeMarie said, "Not now, they can't, no. Not now. And the fund is not set up - that the fund - the 60% - cannot fund the three percent (3%)." Mr. DeMarie then said, "Exactly, for cash-out purposes. It requires an additional contribution by either the City, or the employees or a combination of the two." Deputy Mayor McLeod then stated, "I think that whole thing then needs to be - looked at. I don't believe that the three percent (3%) should necessarily be kept back from the people. They should have the option to take that. Most of them do." Furthermore, Deputy Mayor McLeod said, "I think that the model may need to be -looked at." Commissioner Martinez then stated, "I am in agreement with Commissioner McLeod that somebody from that fund should come here, and this Item should be put on another Regular Agenda - and brought back - these people should be here to explain to us why this is happening." "I MAKE A MOTION THAT THIS ITEM BE TABLED FOR THE TIME BEING, AND - BROUGHT BACK ON A FUTURE COMMISSION MEETING, AND THAT THE PEOPLE WHO REPRESENT THE FUND AND OTHER INTERESTED PARTIES BE HERE, INCLUDING OUR FINANCE OFFICER TO EXPLAIN TO US THOROUGHLY HOW THIS CAME ABOUT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2001 PAGE II OF24 DEPUTY MAYOR McLEOD ADDED, "WHEN YOU COME BACK, WE DON'T JUST WANT YOU TO COME BACK AND TELL US WHY IT'S THIS WAY; I THINK WHAT WE'RE WANTING IS ALTERNATIVES, WHEN IT COMES BACK HERE TO DISCUSS THIS. IS THAT CORRECT? I MEAN, WE DON'T WANT THEM TO JUST COME BACK AND SAY - YOU DO HAVE THE PROBLEM. BUT, CAN THIS BE SET UP AND WHAT WOULD IT TAKE TO SET IT UP OR WHAT HAS TO CHANGE IN THE PLAN. NOW, WE MAY HAVE TO BUCKLE DOWN THIS YEAR, AND WE MA Y HAVE TO PAY THE TWENTY-FIVE, BUT CAN THE PLAN BE CHANGED, AND' WHAT TIME FRAME - TO TAKE IN ANOTHER MEANS SO THAT THE PLAN ITSELF WOULD BE PAYING FOR THESE." VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MCLEOD: AYE MOTION CARRIED. REGULAR F. Not Used. In other business and at the suggestion of Commissioner Gennell, Deputy Mayor McLeod explained to those now in attendance, why tonight's Meeting started at an earlier time. Deputy Mayor McLeod called a Recess at 6:32 p.m. The Meeting was called back to order at 6:46 p.m. by Deputy Mayor McLeod. Deputy Mayor McLeod polled Commissioner Martinez and Commissioner Gennell and asked if they would agree to let one other individual speak under "Public Input." All members of the Commission agreed to let one other individual speak. .:. .:. AGENDA NOTE: THE COMMISSION AGREED TO HEAR AN ADDITIONAL INDIVIDUAL SPEAK UNDER "PUBLIC INPUT, AS DOCUMENTED. .:. .:. Deputy Mayor McLeod re-opened "Public Input. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 12 OF 24 II. PUBLIC INPUT Mr. Mark Batchelor, 200 Torcaso Court, Winter Springs, Florida: addressed the Commission about the availability of the Agenda, and asked that the Agenda always be posted on the City's Website. Deputy Mayor McLeod asked the City Clerk when the Agenda had been posted on the City's Website. City Clerk Andrea Lorenzo-Luaces explained the recent course of events regarding the posting of Agendas. "Public Input" was then closed. .:..:. AGENDA NOTE: THE COMMISSION AGREED TO HAVE A RESOLUTION PRESENTED TO A FORMER ADVISORY BOARD MEMBER, AS DOCUMENTED. .:. .:. Presentations Deputy Mayor McLeod read Resolution Number 2001-25 in honor of Mr. Chuck Holzman's contributions and service to the City, and specifically for his recent tenure on the Code Enforcement Board. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE NEXT DISCUSSED, IN THE ORDER DOCUMENTED. .:..:. v. PUBLIC HEARINGS PUBLIC HEARINGS B. Office Of The City Attorney Requesting That The City Commission Conduct A Second Reading And Public Hearing For Ordinance 2001-44 Dealing With Revisions To The City Charter. Attorney Garganese read Ordinance 2001-44 by "Title." Brief discussion. Deputy Mayor McLeod opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MOVE FOR APPROVAL OF ORDINANCE 2001-44." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2001 PAGE 13 OF 24 VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing }{.or The Second Reading Of Ordinance (2001-45) To Approve Transmittal Of A Large Scale Comprehensive Plan Amendment (LS-CPA-05-01) That Would Change The Future Land Use Map Designation Of A 49.55-Acre Property From "Planned Development" And "Conservation Overlay" (County) To "Mixed-Use." The Subject Property Is Located On Dovera Drive, North Of Red Bug Lake Road, Within The Oviedo Marketplace DevelopmentOfRegional Impact (DRI). Mr. Carrington introduced this Agenda Item and stated, "This is the transmittal hearing to approve the Large Scale Comprehensive Plan Amendment." Tape 21Side A Mr. Carrington introduced Ms. Patricia A. Tyjeski, AICP, of Land Design Innovations, Inc., Consultant to the City of Winter Springs. Deputy Mayor McLeod opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Attorney Garganese read Ordinance 2001-45 by "Title." "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. COMMISSIONER GENNELL ASKED ATTORNEY GARGANESE IF THE LEGAL DESCRIPTION WAS ATTACHED. ATTORNEY GARGANESE STATED, "IT DIDN'T GET INCLUDED IN THE PACKAGE, BUT WE DO HAVE AN EXHIBIT 'A,' LEGAL DESCRIPTION WITH A MAP AND I BELIEVE THE CITY PLANNER DOES HAVE A COPY OF THAT. WE SHOULD JUST MAKE SURE THAT THAT GETS INCLUDED WITH THE ORDINANCE." CITY OF WINTER SPRINGS _ MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 14 OF 24 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For First Reading Of Ordinance 2001-46 To Adopt The Proposed Administrative Rezoning (REZ-OS- 2001) That Would Change The Zoning Map Designation Of The Moss Wood Apartments Property And Three (3) Adjacent Sites From C-2 "General Commercial And Industrial District" To R-3 "Multiple-Family Dwelling District." "MOTION TO READ BY TITLE ONLY.'.'.. J\101;:IQ~ J~X COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-46 by "Title." The following reading of the "Title" of "Ordinance 2001-46 includes changes stated by Attorney Garganese, in response to the "old" copy that was attached: "An Ordinance of the City Commission of the City of Winter Springs, Florida changing the Zoning Map Designation of the real property, generally located on Moss Road, south of State Road 434, legally described on Exhibit 'A,' attached hereto, and fully incorporated herein by this reference" - "From Seminole County C-2 "General Commercial and Industrial District" to City of Winter Springs R-3 "Multiple-Family Dwelling District" providing for severability, conflicts, and an effective date." Attorney Garganese added, "Just disregard that reference to Oviedo Marketplace in the 'Title,' that's an old copy of the Ordinance." Mr. Carrington and Ms. Tyjeski addressed the Commission regarding this Agenda Item. Deputy Mayor McLeod opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Deputy Mayor McLeod asked, "Have all of the property owners been notified of the change?" Mr. Carrington then deliberated with Staff. Commissioner Martinez suggested CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 15 OF 24 that "Since this a first Public Hearing, that - notification of posting be done, that it be done before the second Public Hearing comes up, to give people an opportunity if they wish to present their feelings." Mr. Carrington advised the Commission that "Our Ordinance does not require notification, but the City Commission has directed the Staff to post all properties for Rezoning. That posting did occur - for the 7/23rd Meeting." Mr. Carrington further stated, "It has been posted. If you wish for us to notify the adjacent property - owners, we can do that, but we are not required under the Code to do that. That's really up to the Commission." , Deputy Mayor McLeod asked Attorney Garganese about "Vested Rights." Attorney Garganese stated, "We certainly need to provide the Notice." Attorney Garganese then asked Mr. Carrington, "Did we advertise this in the newspaper?" Mr. Carrington answered, "We're getting ready to advertise it for Second Reading?" Attorney Garganese then stated, "We probably need to go back and make sure we cover our bases regarding Notice, because this is a City initiated Zoning. There are other Notice requirements that-we need to make sure happen, and we'll probably need to go back and do that and have two (2) more Readings on this Ordinance. And that includes noticing the property owners." Deputy Mayor McLeod said, "I think you need to Notice the property owners on this thing. Is that one of the things that is required here?" Attorney Garganese responded, "That and two (2) newspaper advertisements, one prior to First Reading and then another prior to Second Reading, because this is a City initiated Rezoning." With further discussion on providing "Notice," Deputy Mayor McLeod added, "Let's make sure we do." Attorney Garganese advised Mr. Carrington that "We provide Notice to the property owners as well as newspaper advertising. We can go over the details tomorrow." Commissioner Gennell asked Attorney Garganese, "Is it your recommendation to move this to a Second and a Third reading, or just ignore this, and move it to a second First Reading?" Attorney Garganese suggested, "Why don't we come back and do a First Reading - after we publish the Notice and notify the property owners." Attorney Garganese then stated, "I would recommend not taking any action on this tonight." At the recommendation of Attorney Garganese and the Commission, "No action" was taken on this date, regarding this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2001 PAGE 16 OF 24 PUBLIC HEARINGS D. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2001-48 To Amend The Official Zoning Map Of The City Of Winter Springs By Changing The Current Designation Of The 1.36 Acre Subject Property, Located At 1135 State Road 434, From (Seminole County) A-I "Agriculture" District To The City Of Winter Springs' TC Town Center District. "MOVE TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-48 by "Title." Mr. John Baker, AICP, Current Planning Coordinator addressed the Commission on this Agenda Item. Commissioner Gennell. asked Mr. Baker, "This action tonight is designed - to bring this piece of property into the Town Center District, and in no way obligates us to approve or disapprove the actual use they put the property to, when they go to develop it. Is that correct?" Mr. Baker responded, "That's correct." Commissioner Martinez inquired, "Is there an application on file, for this project?" Mr. Baker responded, "Yes, Sir." Commissioner Martinez then asked, "Why is it that this property, if it's already been applied for and there is an application on file, hasn't been posted, so the people next door have an opportunity to come here and express their opinion, one way or another?" Commissioner Martinez was advised by Mr. Baker that "I haven't posted it. No, Sir." Commissioner Martinez stated, "Well, I think it is incumbent upon you to do that." Furthermore, Commissioner Martinez said, "And, I hope it is done, quickly." Mr. Carrington stated, "We can post it prior to the Second Reading. It will be posted two (2) weeks prior to the Second Hearing." Discussion ensued on providing Notice; whether there was a written policy on this; special exceptions; posting; and whether this property offered Towing services. Commissioner Gennell then stated, "On this issue, I don't have any objection to going forward with the Rezoning to Town Center, because I think that's exactly what it needs to be. But, I think that - in an over abundance of caution, that when the Special Exception comes forward, if in fact it does, that we need to go to extraordinary lengths to make sure the residences surrounding that park, are adequately notified, and that may go above and CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 17 OF 24 beyond just posting the property." Commissioner Martinez agreed and stated, "I feel the same way." Deputy Mayor McLeod opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Further brief discussion followed on a drawing that had previously been provided. "I MOVE - TO MOVE ORDINANCE 2001-48 TO A SECOND READING." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMCLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS E. Office Of The City Attorney Requesting That The City Commission Consider Approving Ordinance 2001-39 Amending Winter Springs Code Of Ordinances Chapter 9 By Establishing A Concurrency Management Procedure For Certain Public Facilities. (Pursuant To The Stipulated Settlement Agreement With Terry Scarlata And The Florida Department Of Community Affairs). Attorney Garganese introduced this Agenda Item and advised the Commission that "This Ordinance sets forth at this time, the procedures by which Staff will determine the levels of service are satisfied, prior to development. In addition, this Ordinance also fills in the Parks and Recreational level of service of requirements, and at a later date we would come back with additional Code changes for levels of service regarding Sewer, Potable Water, Garbage Collection, Solid Waste Collection, and other Public Utilities required by Florida Statutes." Furthermore, Attorney Garganese stated that "Ms. Scarlata is in agreement with this proposed Amendment and I am recommending that the Commission move this Item on for Second Reading and Public Hearing." Deputy Mayor McLeod stated, "Could we have a Motion to read this by "Title" only?" "SO MOVED." MOTION BY COMMISSIONER GENNELL. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.200] PAGE 18 OF 24 Commissioner Martinez inquired, "It doesn't say anything here under the request about First Reading." Attorney Garganese responded that "This is First Reading." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-39 by "Title." Deputy Mayor McLeod opened the "Public Input" portion of this Agenda Item. - No one spoke. . The "Public Input" portion of this Agenda Item was closed. "I MOVE TO APPROVE MOVING ORDINANCE 2001-39 FOR THE SECOND READING." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING TWO REGULAR AGENDA ITEMS WERE NEXT DISCUSSED, IN THE ORDER AS DOCUMENTED. .:..:. VI. REGULAR REGULAR G. Community Development Department Requests Authorization For A Supplemental Appropriation Of $6,000.00 From The General Fund To Provide Contract Inspection Services. Mr. DeMarie introduced this Agenda Item. Commissioner Martinez suggested postponing this Agenda Item until the full Commission was here, and voiced his concern with how long the requested $6,000.00 might last. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 19 OF 24 Mr. Carrington advised the Commission further about the request for the $6,000.00 and explained about the negotiations involving this contract. With discussion, Commissioner Gennell suggested that the Commission not go beyond the $6,000.00. Commissioner Martinez further stated his concern with the proposed amount and stated, "The only way I will vote for this tonight is if I hear some certainty that this is going to stop at $6,000.00 and it will be brought back to the Commission for further deliberation and possible approval or disapproval." Further discussion followed on staffing and the current demands on the City's Building Department. Commissioner Michael S. Blake arrived at 7:39 p.m. Deputy Mayor McLeod stated, "I would like for the record to be noted that . Commissioner Blake has just joined' us:" . ..- - - - Discussion then followed about the consultant using their own vehicle; benefits paid to City employees; and the time required to do different inspections. Deputy Mayor McLeod asked Mr. Carrington if he was "The only employee that carries the State's inspection license? Mr. Carrington responded, "I really can't answer that. I don't know how many employees he has, but I do know that he's licensed." Deputy Mayor McLeod then stated, "It says he's using his automobile. I take it then, the insurance on that automobile has been checked - the City will then be co-insured on that automobile, since he is using his personal vehicle for City inspections?" Attorney Garganese stated, "Typically, we have our consultants name the City as additional "Named Insured." Attorney Garganese further stated, "I haven't had a chance, other than tonight, to review the "Letter of Agreement," but there are also no provisions regarding liability. - This person needs to be made clear that he is an independent contractor and carries no insurance - that is he is not going to be - making claims against the City." Deputy Mayor McLeod then said, "Is that part of this Agreement?" Mr. Carrington responded, "With the City Attorney's assistance, we'll make an amendment to the Agreement. " Discussion followed on the "Universal Independent Contractor Agreement." Tape 2/Side B Deputy Mayor McLeod inquired, "Who has looked over the Contractual Agreement." Attorney Garganese stated, "This particular Agreement, I have not. Further reference was made to the "Universal Independent Contractor Agreement." Attorney Garganese CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 20 OF 24 then said, "I would recommend that we go back and get that Agreement and have Mr. Frame's company execute that Agreement - all the provisions that we're talking about tonight are addressed in the "Independent Contractor Agreement." Deputy Mayor McLeod then said, "He definitely has to give you a copy of his "Comp" and so forth. Now, if he shows his "Comp" carrier is a labor company, don't go there. You're the liable body." Furthermore, Deputy Mayor McLeod asked, "Could that be done this evening, that - if it goes through, approved, that provided that you, as the City Attorney approve the contract?" Attorney Garganese said, "I would recommend that." Further discussion. Commissioner Martinez then voiced his concern with a consultant signing City inspection reports, and asked Attorney Garganese, "If this man is signing official City documents, reports - how can we consider him a Consultant?" Attorney Garganese said, "He is an agent of the City, he is an independent contractor of the City, but if we have the right agreement, it's his license and his liability - we need to shift that risk to that person, as an independent contractor and agent for the City." "I WOULD MOVE THAT WE APPROVE THE - SUPPLEMENTAL APPROPRIATION OF $6,000.00 FROM THE GENERAL FUND FOR USE IN BUILDING INSPECTIONS, SUBJECT TO THE PROPER CONTRACT BEING SIGNED AND ACCEPTABLE TO THE CITY ATTORNEY." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ INQUIRED, "ARE WE GOING TO RUN OUT OF THE $6,000.00 THEN AND HAVE IT BROUGHT BACK TO US, OR IS THIS GOING TO RUN FOREVER?" COMMISSIONER GENNELL STATED, "MY UNDERSTANDING OF THIS ITEM, IS THAT WHEN THE $6,000.00 IS GONE - THERE IS NOT MONEY AFfER IT." DEPUTY MAYOR McLEOD ADDED, "THEY'D HAVE TO COME BACK FOR MORE MONEY." VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Commissioner Martinez departed at 7:55 p.m. CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 21 OF 24 REGULAR A. Fire Department Requesting The City Commission To Discuss Transportation Alternatives For Citizens. (This Agenda Item Was Previously Listed As Regular Agenda Item "E" On The July 9, 2001 Agenda). Fire Chief Timothy J. Lallathin addressed the Commission about this and asked how the Commission wished to proceed. Commissioner Gennell complimented Chief Lallathin and stated, "Tim, that was a very nice analysis you did. Very complete, I liked it." Commissioner Gennell referenced Alternative "5." dealing with the County's current Transportation Study and inquired, "Can we get representation on the Committee that's conducting this study at the County?" Chief Lallathin discussed his request to receive more information from the County regarding this matter and further stated, "I really don't know what type of alternative they're going to have, other than - potentially maybe going out for their own service or sticking with that that's already available; but I could actually bring forth to the Commission, once that information is available, an additional Agenda Item." Chief Lallathin also asked whether this might be better handled by the City's Planning Department. Commissioner Gennell then asked, "To what extent would we be monitoring the process they're going through to make sure that they are accurately representing Winter Springs' needs in their overall survey?" Chief Lallathin responded that he was unsure of the answer. "I AM GOING TO ANTICIPATE THAT WE USE ALTERNATIVE '5.,' BUT HA VE THIS BROUGHT BACK TO THE NEXT MEETING WITH SOME FURTHER EXPLORATION ABOUT HOW WE CAN HA VE INPUT OR OVERSIGHT OF THE SURVEY THAT IS CURRENTLY BEING CONDUCTED." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Commissioner Gennell then said to Chief Lallathin, "Thank you very much." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13.2001 PAGE 22 OF 24 .:..:. AGENDA NOTE: THE FOLLOWING REPORTS THAT ARE DOCUMENTED, WERE NOT NECESSARILY DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS B. City Manager - Ronald W. McLemore No Report. REPORTS C. City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces said to the Commission, "I would just like clarification, please - The Commission has decided to hold a Special Meeting on the 20t\ Charles spoke about this earlier. He was also wanting to hold a Workshop after that, with the Planning and Zoning Board, with a review of the Comp Plan." City Clerk Lorenzo- Luaces further inquired, "Is that your desire to do that?" Commissioner Gennell stated, "The first time I heard about it was tonight." Discussion ensued on the specifics of the suggested Workshop and the related timeline for the approval of the Elements of the Comprehensive Plan. Commissioner Gennell then said, "Well, let's schedule the Meeting." Deputy Mayor McLeod agreed and stated, "Let's go ahead and schedule it." REPORTS D. Commission Seat Two - Michael S. Blake No Report. REPORTS E. Commission Seat Three - Edward Martinez, Jr. Not present. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2001 PAGE 23 OF 24 REPORTS F. Commission Seat Four - Cindy Gennell No Report. REPORTS G. Commission Seat Five - David W. McLeod No Report. REPORTS H. Commission Seat One - Robert S. Miller Absent. REPORTS I. Office Of The Mayor- Paul P. Partyka Absent. VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR McLEOD: AYE WITH DISCUSSION, COMMISSIONER BLAKE STATED, "I CHANGE MY VOTE." DEPUTY MAYOR McLEOD STATED, "IT'S ON THE RECORD, COMMISSIONER BLAKE SAID 'YES.'" MOTION CARRIED. Deputy Mayor McLeod adjourned the Meeting at 8:04 p.m. RESPECTFULLY SUBMITTED: ZO=.tUACES, CMC CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2001 PAGE 24 OF 24 NOTE: These minutes were approved at the August 27, 2001 Regular City Commission Meeting.