The URL can be used to link to this page

Home My WebLink About2002 04 22 Consent H Unapproved Minutes from the April 8, 2002 City Commission Regular Meeting COMMISSION AGENDA. ITEM H Consent X Informational Public H:earings Regular April 22. 2002 Regular Meeting Mgr. / Dept. Authorization CONSENT H. Office Of The City Clerk Approval Of The April 8, 2002 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 8, 2002 I. CALL TO ORDER The Regular Meeting of April 8, 2002 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 Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. A moment of silence was followed-by the Pledge of Allegiance. ... Under "Agenda Changes," Mayor Partyka asked that Regular Agenda Item "F" be moved up to after "Public Input." This was agreed to by the Commission. Members of the City Commission also asked that "Add-On" Regular Agenda Item "L" follow Regular Agenda Item "F." This change to the Agenda was also agreed to. Commissioner Edward Martinez, Jr. stated, "I am requesting that all those - "Public Hearings" that have been given to us, as of Saturday be removed from today's Agenda, and that in the future we continue with what we agreed to do in the pa.st, and that is to have the Agenda ready by Wednesday, or at least Thursday noon, and. nothing else be added to the Agenda after that." City Attorney Anthony A. Garganese arrived at 6:38 p.m. With discussion, the Commission agreed to continue with tonight's Agenda Items as scheduled. . Furthermore, Commissioner Michael S. Blake spoke of the problenl: with getting all Agenda Items on time and said to Mayor Partyka - "If you as Mayor, want to bring this up on an Agenda as something that we need to address once and for all." ~ D:md ~ ~ '==' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8. 2002 PAGE 2 OF 26 Commissioner Martinez said, "I think as Commissioner Blake said, we should have an Agenda Item in the near future to discuss this issue and get rid of it, once and for all. Mayor Partyka stated, "City Manager, if this is okay with you we will put this on an Agenda for a future Meeting and see what we can do in terms of trying to figure this thing out." PRESENTATIONS Mayor Partyka presented a Resolution to Mr. George Barcus, [represented by his son Bradley], and Ms. Paula Davoli for their service and contributions to the City while serving on the Central Winds Park Expansion Ad Hoc Advisory Committee. Next, Mr. Carl Stephens was presented a Resolution for his service and contributions to the City while he served on the Planning and Zoning Board/Local Planning Agency. II. PUBLIC INPUT Mr. Terry Echols (Echols Tree Service, Inc.), 510 Burton Lane, Sanford, Florida: as a professional Arborist for eighteen (18) years he commented on his concerns with the proposed new Arbor Ordinance regarding tree replacement values and his concern with legitimate and illegitimate tree removal companies, and what licensing requirements should be designated. Discussion followed with Mr. Michael Mingea, City Forester, Code Enforcement Division, Community Development Department. Commissioner David W. McLeod said to Mr. Mingea, "I think the document looks much better than the first time presented to us." Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked the Commission for their pro-activeness towards the Paw Park issue; his contact with various organizations; that Manager McLemore was right on target regarding the suggested parking at the proposed Paw Park; and the status of the County Commission's plans. Mr. Earnest A. Raimondi, 249 Buttonwood Avenue, Winter Springs, Florida: commented on a problem with flooding in front of his house, and problems associated with a very large dying oak tree in his back yard, that the City has trimmed the tree; problems with damage to his boats; and that warning tape was left around the problem tree in his back yard. Mayor Partyka said to City Manager, Ronald W. McLemore, "If this is true what Mr. Raimondi is saying? Do we have responsibilities to take care of it?" Photographs provided from Mr. Raimondi were shown to those present. Manager McLemore stated, "We have a responsibility to keep from damaging his property - whether that is an ~ ~ =ct ~ t= CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 3 OF 26 appropriate response is to cut it down - I don't know, that is something Mike [Minge a] - we lean on you to give us your advice. Mayor Partyka said, "Can we study this - he has brought up two (2) points that maybe needs further investigation, can we do that City Manager?" Manager McLemore stated, "I think we just need to look at it and come back with a solution." .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS WERE DISCUSSED NEXT. .:..:. VI. REGULAR REGULAR F. Office Of Commissioner Robert S. Miller Asks The City Commission To Determine If Mayor Paul Partykal Should (1) Be Censured For Deliberately Misleading The City Commission Regarding His Participation In The Planning Of The Homeless Center In The City's Industrial Park In 2001, And (2) Be Ordered To Reimburse The City For An Invoice Associated With His Participation In That Planning. Mayor Partyka read a personal statement and mentioned several individuals he had been associated with regarding the proposed Respite Center project. Mayor Partyka stated, "I represented only one (1) person throughout this transaction which includ.ed contract offer agreement, due diligence, and close, and that person is Marie Chowanski over there, the former owner. I have stated this repeatedly and legally" my fiduciary responsibility is to my client and that is what I did." Mayor Partyka asked Ms. Chowanski, "Were you my client - just nod your head." Mayor Partyka then stated, "Let the record show that Ms. Chowanski nodded yes to that fact." Mayor Partyka continued to read from his statement and stated, "I did not and have never participated as a Project Director. That job was done by Domenic Macaione and staff. Mr. Domenic Macaione, 1505 Eagle Nest Boulevard, Winter Springs, Florida: read a letter for the record about his participation as the "Project ManagerlProgram Manager" for the [Respite] Center. Mr. Macaione further elaborated on his responsibilities and then handed the letter to the City Clerk for the record. Tape I/Side B Commissioner Robert S. Miller commented on his concerns with what Mayor Partyka had previously advised the t Commission, and added that he did not feel that Mayor Partyka "Had been up front with this Commission." .~ ~ :=a <:C.:) ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 8, 2002 PAGE 4 OF 26 Commissioner Martinez stated "Point of Order" and asked Attorney Garganese if witnesses should be a part of this process. Much discussion followed with Mayor Partyka, Mr. Macaione, and Members of the Commission. Commissioner McLeod thanked Commissioner Miller and Mayor Partyka for their frankness. "I WOULD LIKE TO MAKE A MOTION THAT THIS IS PUT BEHIND THIS COMMISSION AND WE GO FORWARD WITH THE BUSINESS WE HAVE AT HAND, AT THIS TIME." MOTION BY COMMISSIONER McLEOD. MOTION DIED FOR LACK OF A SECOND. Further discussion ensued on the Mayor's previous actions and which citizens had voiced their concern with this matter. Mr. George Seeley spoke from the audience and said that he had voiced his concern, as pointed out for the record by Commissioner Blake. Commissioner Martinez stated "Point of Order" and said that he did not think that documenting names was necessary. Commissioner Miller stated, "I am not accusing him of any impropriety, I am asking for information and an explanation about all of theses issues." Deputy Mayor Cindy Gennell inquired of Mayor Partyka, "Do you deny assisting St. Stephen's, or Father Bluett, or the Health Care Center for the Homeless in a site search for a proposed Respite Center, prior to the sale in Winter Springs?" Mayor Partyka responded, "No, I don't - I don't deny that." Further discussion. "IF YOU COMMISSIONERS AREN'T SATISFIED WITH WHAT THE MAYOR SAID THIS EVENING THEN I WOULD TELL YOU TO TAKE IT TO -THE STATE ETHICS COMMISSION, LET THEM BATTLE IT OUT. IF YOU ARE IN FAVOR OF WHAT THE MAYOR SAID THIS EVENING, THEN I WOULD TELL YOU THIS - THAT WE SHOULD GO AHEAD AND ACCEPT WHAT THE MAYOR HAS SAID TO US THIS EVENING AND MOVE THIS AGENDA ITEM FORWARD WITH BOTH PARTIES - MR. MILLER I WOULD HOPE, AND THE MAYOR - HAVE RESOLVED THE ISSUE THIS EVENING AND LET'S MOVE FORWARD. I WOULD LIKE TO HAVE IT AS A MOTION THAT WE VOTE TO MONE THIS FORWARD AND LEAVE THIS BEHIND US AT THIS POINT. IF IT IS TURNED DOWN, THEN I WOULD ASK YOU TO VOTE TO SEND IT TO THE ETHICS COMMISSION." MOTION BY COMMISSIONER McLEOD. ~ ~ ~ =a ~ i1 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 5 OF 26 Tape 2/Side A SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER McLEOD STATED, "I HOPE THAT IF THIS THING IS VOTED TO LET IT BE PASSED THAT THE TWO (2) OF YOU ARE BOTH MAN ENOUGH TO GET UP AND SHAKE EACH OTHER'S HANDS AND LET'S GET IT BEHIND US." MAYOR PARTYKA STATED," I AM WILLING TO DO THAT - STAND UP AND SHAKE IF I JUST GET AN APOLOGY." COMMISSIONER MILLER STATED, "YOU HAVE IT." [MAYOR PARTYKA AND COMMISSIONER MILLER STOOD UP AND SHOOK HANDS.] VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. ADD-ON REGULAR L. Office Of The City Attorney Requests That The City Commission Decide Whether Or Not To Request A Formal Ethics Opinion From The Florida Commission On Ethics Regardiing The Use Of City Business Cards. Attorney Garganese introduced this Agenda Item and stated, "What's your pleasure, whether you want to request a - Formal Ethics Opinion regarding some question - the use of City business cards." Commissioner Martinez suggested to Attorney Garganese that "You were supposed to have done some further research and then come back to us with a final decision or Opinion which hasn't come forth. So, I don't know why this Item is still here because I am still interested in an Opinion as to an answer to the questions I put to you." Discussion. Deputy Mayor Gennell spo~ on what the mis-use of business cards involved, and also mentioned her concern with an Elected Official conducting personal business, and not escorting guests - at City Hall over the Easter weekend. Deputy Mayor Gennell then stated, "I would be in favor of asking for the Commission on Ethics to give us a Formal ~ ...:;;;1 1I;t.'i\f--cJ L'l:,,~ ~~ fi,,,,,,"d ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 6 OF 26 Opinion since the Commission asked the Mayor to cease doing that and he has insisted that he won't cease - I think we need to ask for the Formal Opinion." "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY ATTORNEY TO REQUEST A FORMAL OPINION FROM THE STATE ATTORNEY'S OFFICE OR THE COMMISSION ON ETHICS ON THIS ISSUE WHICH WILL SET THE STANDARD, NOT FOR THE MAYOR lBUT FOR ALL OF US HERE AND IT WILL CLEAR THE WAY FOR FUTURE, REFERENCE IN CASE ONE OF US DECIDES TO BREAK THE RULES." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER McLEOD ASKED ATTORNEY GARGANESE, "MY QUESTION HERE WOULD BE - IF I AM CONDUCTING BUSINESS FOR SOMEBODY AND THEY ASK FOR MY CARD - WOULD IT BE IMPROPER TO GIVE MY CARD TO SOMEBODY I WAS DOING BUSINESS WITH, HERE IN THE AREA?" ATTORNEY GARGANESE REFERRED TO THE AGENDA ITEM AND COMMENTED THAT VARIOUS FACTORS WOULD HAVE TO BE CONSIDERED. VOTE: COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. With discussion, Deputy Mayor Gennell stated, "Question 2., the question that I asked, while engaged in the solicitation of customers for their personal business, may a City Commissioner or Mayor insert a City business card in personal business correspondences - put in the word 'use' for purposes of promoting themselves for personal profit or gain? That is my question that I would like answered by the Ethics Commission." Commissioner Martinez said, "3., 4., and 5." Attorney Garganese then stated, "3., 4., and 5. and Deputy Mayor Gennell and Commissioner Miller want question number 2." Commissioner Blake said, "Regarding question 2., "I would only ask that we change a part of the question, where it says 'Personal business correspondences for purposes of promoting themselves for personal profit or gain?' - for 'Purposes' - I would rather see 'With the intent' - I would like to see the word 'Intent' in there because I think that is one of the key issues that the.Ethics Commission looks at on any ruling." ~ ~ !?;:rd ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 7 OF 26 Mayor Partyka said, "Is that agreeable to this Commission?" Deputy Mayor Gennell said, "That's fine." There were no objections to Mayor Partyka's questions. Furthermore, Deputy Mayor Gennell said to Attorney Garganese, "If you think they can answer 3.,4., and 5., I would say go ahead." Commissioner Martinez added, "Yes." Next discussion followed on the use of City Hall on nights and weekends. Manager McLemore stated, "I think as a general rule that everyone would benefit if we had a clear understanding about the use of the building on nights and weekends for personal business. I think we need to follow that policy for everybody's protection." Commissioner Blake inquired of Manager McLemore, "Do we have a policy of who is allowed to use this building and who isn't?" Commissioner Blake added, "I think we need to really spell out just who ought to be here, and who should not." Commissioner Blake then suggested, "If we are going to talk about it like this, then we need to put it down on a policy, put it in a Resolution and we need to pass it through this Commission." Manager McLemore stated, "No problem." Commissioner Miller said, "I don't think anybody should be in this building during unnormal duty hours - I don't care who they are." Commissioner Miller added, "I don't think it's appropriate for any of us to have our families running around in this building when it is closed." Mayor Partyka stated, "Do we need to put this on an Agenda to come up with some rules - that make some sense and we just turn it over to the City Manager." Manager McLemore stated, "I'll write you a Resolution." Mayor Partyka stated, "Is that okay with everybody?" No objections were voiced. . Deputy Mayor Gennell stated, "Now the problem that I have and I would continue to . have is with unescorted people." Manager McLemore added, "If you are in this building, you need to be here for a public purpose." Further, Manager McLemore said, "We'll come up with something I think that is reasonable." Commissioner McLeod stated that he very much agreed with Commissioner Martinez in that only City business should be conducted at City Hall. Mayor Partyka called a Break at 8:40 p.m. The Meeting reconvened at 8:58 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS ARE NOT NECESSARILY DOCUMENTED AS THEY WERE DISCUSSED. .:. .:. ~ ~~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 8 OF 26 III. CONSENT CONSENT A. Public Works Department Requesting Authorization To Piggyback Off Of The Seminole County Contract (PS- 590-0l/BJC) For The State Road 419/Moss Road Intersection Improvements Including Design, Plan Preparation, And Permitting With PEC, 10(:. At A Cost Of $36,503.00. CONSENT B. Utility Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of The Southern Water Main Interconnect. CONSENT C. Office Of The City Manager Requesting Commission Approval Of A Supplemental Appropriation To Fund Impact Fee And Concurrency Ordinances Related To The New Comprehensive Plan And To Authorize The City Manager To Enter Into A Contract With Land Design Innovations To Perform The Work. Discussion. Commissioner Blake returned to the Commission Chambers at 9:03 p.m. CONSENT D. Office Of The Mayor Resolution Number 2002-17, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Sally McGinnis For Her Service On The Board Of Adjustment. CONSENT E. Office Of The City Clerk Approval Of The Minutes Of The March 25, 2002 Regular City Commission Meeting. Attorney Garganese stated, "I would like the Commission to pull Item 'B' off Consent for separate vote and discussion." MAYOR PARTYKA SAID, "LOOKING FOR A MOTION TO APPROVE EVERYTHING BUT 'B.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MCLEOD. DISCUSSION. ~ ~ ~"~'~ ~ 9 ~ tt=I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 9 OF 26 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS AGAIN DISCUSSED AND DISPOSED OF, AS DOCUMENTED. .:. .:. III. CONSENT CONSENT B. Utility Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of The Southern Water Main Interconnect. Attorney Garganese stated, "I am recommending that certain contract contingencies be added to the contract with the contractor due to a threat of lawsuit that has been made against the City in a filed but not yet served lawsuit against one of the property owners, Mr. and Mrs. McLeod, that have voluntarily granted the City a waterline easement for this Interconnect project." Attorney Garganese further clarified that "With respect to your Motion, I would just simply add that if you are going to award the bid, it's subject to certain contract contingencies being put into the contract for the contractor to agree to and sign." Commissioner Blake inquired, "Do we have some sort of an agreement that holds land owners in that area, and of course the main one we are talking about is Commissioner McLeod, that holds them 'Harmless' in the event of some sort oflitigation that comes up because of this City project." Attorney Garganese stated, "Yes sir. In the - Easement documents we agree to defend the property owners that have granted the Easements to the City for this City project." Commissioner Blake explained, "I just want to make sure that's all clear and open and understood - when we have City Attorney's doing legal work for one of the Commissioners, everybody understands why and how." Mayor Partyka stated, "Tuskawilla Trail - I have had a listing on Tuskawilla Trail as an agent for almost two (2) years. The owner of the property is Larry Beasley and Mary Anne Beasley - that's been there for like I said, a couple of years and we are actively marketing that property so I jyst wanted to put that on the record." ,i''''~ , '1 -G "';":11 ~;j ....~ """:j '>I' '...... .~',-:~...,'.'::: .' ".'-" .,:,':'~ ,.~ ?~.'... \~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 10 OF 26 "I WOULD MAKE A MOTION TO APPROVE THE BID SUBJECT TO INCORPORATING THE LANGUAGE THE ATTORNEY SUGGESTED IN THE CONTRACT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER McLEOD STATED, "I WOULD JUST LIKE TO MAKE IT VERY CLEAR THAT THE INTENT OF THIS IS DEFINITELY FOR THE PUBLIC PURPOSE TO CONNECT THE EAST SIDE OF THE CITY AND THE WEST IN CASE WE DO HAVE A BREAKAGE OF WATER MAINS TO HELP GIVE BETTER WATER PROTECTION TO BOTH SIDES OF THE CITY. IT JUST HAPPENS I HAVE A PIECE OF PROPERTY IT CAN GO THROUGH AND I HAVE SOME PEOPLE THAT DON'T PARTICULARLY CARE TO SEE THAT HAPPEN, SO YOU ARE GOING TO HEAR INFORMATION REGARDING THAT THIS IS BEING DONE FOR THE BENEFIT OF COMMISSIONER McLEOD, AND THAT IS FAR FROM THE TRUTH - AND I JUST WANT TO PUT THAT OUT THERE FOR THE RECORD." COMMISSIONER MCLEOD FURTHER EXPLAINED THAT THIS WILL PROVIDE DOMESTIC WATER AND FIRE PROTECTION FOR THE RESIDENTS OF OAK FOREST AND SEVILLE CHASE. ATTORNEY GARGANESE ADDED THAT COMMISSIONER McLEOD SHOULD "DECLARE A VOTING CONFLICT OF INTEREST FOR THE RECORD, AND FILL OUT THE APPROPRIATE 'FORM 8.'" VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: ABSTAIN COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Martinez stated, "On Item 'A,' on the second page, 'State Road 434 Roadway Improvements Project,' Staff received a preliminary design, provided a copy to the City Manager and distributed a copy to DRC [Development Review Projects] members. Is it possible for me to get a copy of this?" Manager McLemore stated, ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE II OF 26 "Absolutely." Commissioner Martinez asked that the copy be placed in his box. Deputy Mayor Gennell also asked for a copy of the same document. INFORMATIONAL B. Fire Department Requests That The City Commission Review The City Of Winter Springs Employee Blood Drive Information To Be Held At The Winter Springs Branch Of The Central Florida Blood Bank, Badcock Plaza. INFORMATIONAL C. Finance Department Requesting The City Commission Review Information Regarding The Status Of The Utility Billing Computer Conversion. INFORMATIONAL D. Finance Department Requests The City Commission Review The FY 02 YTD Financial Report For The General Fund. INFORMATIONAL E. Public Works Department Informing The City Commission Of The Results Of Initial Speed Study On State Road 419. . INFORMATIONAL F. Office Of The City Manager Providing The City Commission With Information Pertaining To The Seminole County Archeological Survey. (This Agenda Item Will Be On The April 22, 2002 Regular Meeting Agenda.) Mayor Partyka said, "I am looking for a Motion to approve." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. ~ " .w.,-u r. ":.~J~ ~;~~~: ~"''':'.",,~ ., ~.... . "-"~i,~..4 . ~ ~~,lSOlt\l .;JJ!!'''~ el.Q.~ ~~...~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8,2002 PAGE 120F26 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEAINGS 'rVERE HEARD IN THE ORDER DOCUMENTED. .:. .:. V. PUBLIC HEARINGS PUBLIC HEARINGS B. Office Of The City Attorney Requests The City Commission Consider The Oak Forest Small Scale Comprehensive Plan Amendment. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by 'Title' only. Tape 2/Side B Mayor Partyka opened the "Public Input" portion of this Agenda Item. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: as the spokesperson for residents on Cheoy Lee Circle, Ms. Tackaberry stated that they support the amending of the Comprehensive Plan - as it pertains to their property. Mayor Partyka stated, "Way back when, when the Cheoy Lee group was thinking of purchasing this, they asked me to help them out and I acted on their behalf to purchase that from the previous owner." The "Public Input" portion of this Agenda Item was closed. ~ 1'.>'.- f~;"'.~ D,."':::_ Vt~~ 1'(.:~,~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 13 OF 26 "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS C. Office Of The City Attorney Requests The City Commission Consider The Oak Forest ExtelnSion Rezoning Ordinance. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by 'Title' only. Discussion followed on two (2) different kinds of "PUD" language, and possible inconsistencies. Attorney Garganese stated, "I think what is going to be import;ant is when this comes back for Second Reading, you will also - in conjunction with the Ordinance, approve the Master Plan." Mr. Charles Carrington, AICP, Community Development Department Director addressed the Commission and stated that "Staff would recommend one thing that happened and that is that neither of these actions take effect until the property is surveyed by the property owners and the record plat is prepared for recordation eliminating those lot lines from the old street and the lot lines from this residual parcel so that the lots that they own are shown as one parcel of land. And I believe that the "PUD" classification should be the number one PUD in the Zoning Ordinance - and when it comes back to you we will have all of this clarified." ~;"4CI ~ ~ ~ QS;I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 14 OF 26 Commissioner Blake stated, "It may not make a difference today, it's just that the language has to stipulate which "POO" it is, that's probably a fine tuning effort that we can go through between now and the Second Reading." Attorney Garganese responded, "Yes. I would agree -let's take a look at it and we'll come back with further explanation at the Second Reading." 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 ITEM 'c' TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS A. Community Development Department Presents To The Commission, The Final Adoption Of Ordinance Number 2002-08 Amending Chapter 5 Of The City Code By Repealing The Existing Arbor Ordinance And Adopting A New Ordinance Entitled Tree Protectiolll Ordinance. Attorney Garganese read Ordinance 2002-08 by 'Title' only. Ms. Jimette Cook, Manager, Code Enforcement Division, Communi.ty Development Department informed the Commission of an email from Beautification of Winter Springs Board Member Alice Bard. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Ms. Vicki Smith, 206 Heatherwood Court, Winter Springs, Florida: spoke of thousands of trees being destroyed on nearby County property; the merits of trees; and asked that any Arbor Ordinance enacted should in fact protect trees in our community. [J, ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 15 OF 26 Ms. Carol Fouler, 208 Heatherwood Court, Winter Springs, Florida: as the Vice President of the Reserve at Tuscawilla and representing the subdivision addressed their concerns with the proposed new Arbor Ordinance and "the liberal use of the word 'may; ", loopholes; and Section 5-9. (Q) (~) size of replacement trees and how developers are using these loopholes. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: said that she was in support of the previous two (2) speakers, and stated that she was challenging the Commission to communicate with Homeowner's Association representatives to help in similar processes. Mr. Brian Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: regarding the Arbor Ordinance, Mr. Oliver stated that he felt the Code was more lenient with developers; . remarked about "Low Impact Residential;" and commented that a water truck on the Tuskawilla Park development project has not moved. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: suggested that equity for Homeowner's be considered in terms of tree replacement criteria. Ms. Schwarz also complimented Mr. Mingea on his service and assistance and suggested that the City Commission give him direction. Mr. Michael Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: commented that he hoped that trees were being added per the plan, and that Inspectors check on this by referencing plans, prior to certifying the work. The "Public Input" portion of this Agenda Item was closed. Discussion ensued on preserving trees and urban development. Commissioner Blake pointed out that, "The Ordinance as I read it does not mention a single Zoning district." Attorney Garganese explained, "Looking back at some of the Town Center development projects that have been approved, we have used the Development Agreement vehicle and the preferred Plant List vehicle for purposes of addressing the tree issue. Those mechanisms are inserted into this Ordinance." Discussion followed on property rights; notification to residents; and replacement ratios. Commissioner Blake stated, "I think the one-to-one is overly burdensome and doesn't get us to where we ultimately want to be." Commissioner Miller stated, "My concern there is that we treat all the citizens of Winter Springs the same, so some of the concerns that the residents have about us allowing developers to clear-cut the piece of property that if they're taking down trees that they are being subject to the same terms and conditions that everyone else is - I think was made clear this evening." Tape 3/Side A ~~.~ tj;, ~..::- t;~ ~~"~ l1. "1::1 ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8,2002 PAGE 16 OF 26 Regarding Appendix "c" of the proposed Arbor Ordinance, Commissioner McLeod asked Ms. Cook, "I would advise us that on the average cost, we ought to put a date on this thing." Ms. Cook stated, "Good point." Discussion continued on the replacement ratio and Mr. Mingea pointed out "I believe those were plants not inches - as for the number of tree removals to the number of plant replacements." Commissioner McLeod suggested that a legend be add.ed to Appendix "c" which would further explain the concept. Mr. Mingea stated, "That can be approved." Commissioner McLeod added, "I would appreciate that being done" and further stated, "Let's explain the ratio - what it means on the Appendix." Mr. Mingea added, "Certainly" and also suggested that some "Parameters" be established. Next, Commissioner McLeod inquired, "How do you get the same credit for a twenty inch (20") tree as you do for a five inch (5") tree, because our Code basically says anything over four inches (4") in caliper has to be counted?" Mr. Mingea stated, "I still believe it needs a little more tweaking than what 5-8. (~) has." Discussion ensued next on "Specimen" trees. Ms. Cook stated, "So, if it's a really big tree, over twenty inches (20") it's really special and it's going to come to you before you can take it out, so that way we can address how are you going to replace it. Are you going to replace it with more than just the five (5) to one (I), or the one (I) to one (l), or the three (3) to one (I)." Commissioner McLeod said, "Shouldn't that be a footnote also down at the bottom of this Appendix that this Appendix would be adjusted by the City Commission based on any trees being removed larger than twenty inches (20")?" Commissioner McLeod added, "It also allows them when they come back to look at it - it would tell the Commission in the future that they would change the ratio requirements." Ms. Cook stated, "Sure, we can do that - put a footnote on there, if you would like." Deputy Mayor Gennell said, "How do we resolve this perception of a discrepancy between the requirements on an individual homeowner as opposed to the requirements on a developer?" Ms. Cook addressed this issue and said that she felt that this was a tree protection Ordinance. Furthermore, Deputy Mayor Gennell asked, "Did we delete in its entirety that was giving them so many trees in the place that they weren't going to remove them anyway, or they couldn't have used that plan?" Ms. Cook responded, "It was changed on page 2 of your Agenda Item." On page 13, Section 5-10., (~) and (g) were referenced. Deputy Mayor Gennell said, Regarding (~) - "It has to do with temporary placement of materials, machinery or soil - it says it shall be unlawful to place material, machinery, or temporary soil deposits within five feet (5') of any trunk stand having a diameter of - and yet we have gone to the trouble of establishing TreeiProtection Zones - and lay them out quite carefully. Why does this not refer to the Tree Protection Zone?" Ms. Cook stated, "You're right, we should make that consistent." Deputy Mayor Gennell further pointed out that "If you see on (g), you did do that - you used Tree Protection Zones. Well, either you are going to have a Tree Protection Zone and protect the tree or you are going to just arbitrarily let ~ ~;i~ ~[;\.,.". . L),I.. .~ lY~CJ ~ ~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 8, 2002 PAGE 17 OF 26 them pile their machinery within five feet (5') of the trunk." Ms. Cook then said, "Why don't we just omit the words within five feet (5') and just say it shall be unlawful to place material, machinery, or temporary soil deposits within the Tree Protection Zone." Commissioner Blake left the Commission chambers at 10:22 p.m. On page I of Appendix "B," Deputy Mayor Gennell stated there was a typographical error regarding the reference noted as "Devils Waliking Stick." Others were on page 2, noted as "Rusty Lyonia" and also "Shiny Ly90nia." "Gabbage Palm" was suggested by Ms. Cook as another typographical error. Lastly, Deputy Mayor Gennell pointed out an additional typographical error on page 1 of2 on Appendix "C," Tabecuia." With further discussion on the Tree Lists and why they weren't alphabetized, Deputy Mayor Gennell said, "I would suggest that you do." Ms. Cook and Mr. Mingea agreed that the Lists could be alphabetized. Commissioner Martinez suggested that on page 13, Section 5-10. (~), the statement "Upon written request, the City Forester, on a case by case basis, may allow material or temporary soil deposits to be stored within the Protective Barrier if no other storage is available" - should be deleted from this Section. Commissioner Martinez added, "I consider this to be a -loophole for a developer." Ms. Cook then said, "If you want us to take it out..." Commissioner Martinez further pointed out that "... Section 5-6 (f), another loophole there, and you have several of those throughout this Code. The Code is not bad - but it has certain aspects to it - there are certain aspects to it that should be more restrictive, and this is one of the objections they cited. The loophole is created here in favor of a developer." . Commissioner Miller said, "On Appendix "C," give some thought to putting a couple of examples at the bottom of the page which just says for example, if you were to lose a tree - you could replace it with this or that and this would be the impact." "I'LL MOVE TO APPROVE ORDINANCE 2002-08." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONlER MILLER. DISCUSSION. COMMISSIONER MARTINEZ STATED, "I WOULD RATHER SEE THAT THEY LOOK AT THIS A LITTLE FURTHER AND TAKE OUT SOME OF THOSE LOOPHOLES THAT I SPOKE ABOUT." Commissioner Blake returned to the Commission Chambers at 10:32 p.m. MAYOR PARTYKA POLLED THE COMMISSION FOR THEIR OPINION. COMMISSIONER MILLER STATED, "FOR THE PRESENT, I AM SATISFIED WITH THE EXPLANATIONS THAT HAVE BEEN GIVEN TO US BY - CODE ENFORCEMENT - WITH REGARD TO PROTECTING THE SMALL TREES. ~ e:; ~>>U. ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 18 OF 26 IF THEY HAVE TO HAVE THE PERMISSION FIRST OF OUR CITY PEOPLE BEFORE THEY CAN DO THAT, I DON'T THINK THERE IS A PROBLEM WITH THAT." COMMISSIONER BLAKE STATED, "I AGREE." DEPUTY MAYOR GENNELL STATED, "I AGREE." COMMISSIONER McLEOD RESPONDED, "I AGREE ON THAT BUT I WOULD LIKE TO MAKE SURE THAT THE MOTION MEANT - TO REFLECT THE CHANGES..." DEPUTY MAYOR GENNELL AGREED AND SAID, "...TO REFLECT THE CHANGES WE MADE TONIGHT." MAYOR PARTYKA STATED, "SO NOTED." ATTORNEY GARGANESE REFERRED TO DEPUTY MAYOR GENNELL'S "CHANGE TO 5-10. ~) WHERE WE REPLACE TREE PROTECTION ZONE FOR THAT FIVE FOOT (5') REQUIREMENT, I AM LOOKING AT THE DEFINITION SECTION ON PAGE 4, THE DEFINITION OF PROTECTIVE BARRIER, WE SHOULD STRIKE AT THE DRIPLINE OF THE CROWN AND REPLACE IT WITH TREE PROTECTION ZONE TO MAKE THE CHANGE CONSISTENT." ATTORNEY GARGANESE THEN CLARIFIED THAT, "THE NEW DEFINITION WILL BE THE PROTECTIVE BARRIER WHICH IS THAT SUBPARAGRAPH (Q) ON PAGE 4, SHALL BE A CIRCLE OF ONE INCH (1") TO TWO INCH (2") WIDE STICKS SPACED THE MAXIMUM OF EIGHT FEET (8') FROM EACH OTHER AT THE TREE PROTECTION ZONE - NOT AT THE DRIPLINE OR THE CROWN; AND THAT GOES IN LINE WITH YOUR CHANGE THAT NO MATERIAL, MACHINERY, OR TEMPORARY SOIL DEPOSITS SHOULD BE WITHIN THE TREE PROTECTION ZONE." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner Martinez said, "Can you make sure that we get a copy of the final version of this Ordinance." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8. 2002 PAGE 19 OF 26 VI. REGULAR REGULAR A. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs, The OviedolWinter Springs Lion Club Inc., And The Winter Springs Festival Of Arts, Inc. For A Winter Springs Art And Music Festival. (This Agenda Item Will Be On The April 22, 2002 Regular Meeting Agenda.) No action was taken nor required. REGULAR D. General Services Department Requests That The City Commission Adopt And Authorize Dissemination Of The City's New Promotional Video, As Produced Under Contract By Avid Neo Geo Of Orlando. Mr. Gene DeMarie, General Services Department Director introduced this Agenda Item. The proposed Promotional Video was next presented to the Commission for their review and possible approval. Tape 3/Side B "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. The first copy of the Promotional Video was given to Mayor Partyka. REGULAR B. Finance Department Requesting The City Commission Approve The FY 2003 Budget Calendar. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. e"~ " _d"-1J i:ll."I-'I.:#~ i-'~i9~..... f!"~ t'k'!;~ 1iJ>~'''d ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 20 OF 26 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR C. Finance Department Requests The City Commission Adopt Resolution Number 2002-18 Amending The FY 02 Budget. Manager McLemore explained to the Commission that the two (2) things that we needed to do was bring to you the overview of our - financial situation, as of the first six (6) months. The second thing that we needed to do was to approve the .Amended Budget which includes going back and taking all the Supplemental Appropriations that you have approved, looking at operations and amending the Budget to include those changes that have happened along the way that we need to accommodate." "I MOVE TO EXTEND FOR ONE (1) HOUR." MOTION BY DEJPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Manager McLemore and Ms. Frangoul gave an overview related to this Agenda Item. Deputy Mayor Gennell said, "I would prefer to have the time to go over it and perhaps get with the City Manager and from one person's perspective up here, if we have two (2) weeks, it would benefit all of us if each of us has any particular areas of interest, to get with him rather than tie up the whole meeting over each particular issue." Deputy Mayor Gennell added, "I don't have any problem with putting it on the next Agenda." Commissioner Martinez inquired about the cost for the ADA Transit and the costs for a minivan and insurance for t~ansportation for Senior Citizens, and after brief discussion with Manager McLemore, Commissioner Martinez stated, "I just want you to know that I am going to keep bringing this up, time and time again until something is done, because there is a vacuum to be filled there, and there is a need." ~~~ l':b. -..... ~... ~.,-,tiot..., ~' ........... ;t~~~.-- ,....... ~01ld .~ 'If-~ ~,"'~ '!i?'..!:J.'~ .,,~ 1tR~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8. 2002 PAGE 2\ OF 26 Regarding the Ad Valorem revenues being down, Manager McLemore stated, "They went up dramatically this year." Commissioner Blake suggested "We need to check on that because I think that there are some properties that are being included in the "TIFF" [Tax Increment Financing Fund] that aren't in the District - we have to go back I think and take a look at where the lines were drawn." Chief of Police, Daniel 1. Kerr next addressed the City Commission regarding his concern with Departmental Staffing and keeping the community safe. Commissioner McLeod stated, "I will not jeopardize our police force or our citizens" and stated that he was in favor of the Police Department hiring the additional officers. Commissioner Martinez stated, "Second." Commissioner Blake said, "I agree one hundred percent (100%) and if we have to delay $100,000.00 expenditures some place for six (6) months, find some place else to do it." Manager McLemore stated, "We need to understand where the hundred thousand ($100,000.00) is going to come from." Commissioner Blake added, "Bring it to us - bring us three (3) different alternatives and then we will decide." Deputy Mayor Gennell was also in agreement. Mayor Partyka said to Manager McLemore, "What you need to do is make whatever adjustments that you have to, to bring this back to this Commission." Mayor Partyka then said, "What do we want to do?" Deputy Mayor Gennell stated, "Put it on the next Agenda." Manager McLemore stated, "Okay." REGULAR E. Community Development Department Requests That The City Commission, In It's Capacity As The DRC, Consider A Request Of The James Doran Company To Amend The Approved Phasing Schedule. Mr. Carrington introduced this Agenda Item. Tape 4/Side A Mr. Leigh Colyer, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: as the Construction Manager for the James Doran Company, Mr. Colyer addressed the Commission. With brief discussion Manager McLemore stated, "We still don't have a sign detail that we argued over for months from them, for development. I spent a full day with Mr. Doran down at Citywalk, went over a number of issues. He appeared to be quite interested in the idea of somd enhancements to the property." Discussion. e:.,~~~ . ""'" Ir~\ii.r.::--ti n""i1'_ pJ<>.!'''=- ~""'~~ ','to;afJI ~..''''t.d Il,....,.~ :a~ ~~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 22 OF 26 Mr. Colyer said to Manager McLemore, "I would be delighted to call you tomorrow Ron [McLemore] and sit down and talk to you and come up with a plan." Manager McLemore inquired if Mr. Colyer was the Architect? With discussion, Mr. Colyer further stated, "I would like to talk to you about the scope of what you are envisioning." Manager McLemore said, "Sure." At Commissioner Blake's asking, Manager McLemore said to Commissioner Blake, "I need the Architect, and let's sit down - with Mr. Doran and talk about some of these things we talked about when we were at Citywalk." "I WILL GO AHEAD AND MAKE A MOTION THAT WE AI'PROVE THIS REQUEST TO SHIFT BUILDINGS 10, 13, 14, AND 15 FROM PHASE 2 TO PHASE 1 SUBJECT TO - DORAN'S REPRESENTATIVE AND OUR CITY MANAGER GETTING TOGETHER AND MEETING WITHIN ONE (1) WEEK FROM TODAY TO DISCUSS THE ARCHITECTURAL ENHANCEMENT ISSUES PREVIOUSLY DISCUSSED BY SHANE [DORAN) AND RON McLEMORE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR GENNELL INQUIRED, "DOES THAT MOTION INCLUDE THOSE ARCHITECTURAL ENHANCEMENTS COMING BACK ON THE 22ND WITH THE OTHER INFORMATION?" COMMISSIONER :BLAKE SAID, "THEY WOULD HAVE TO." COMMISSIONER McLEOD ADDED, "SO, NEXT WEEK YOU ARE GOING TO HAVE THAT BACK TO US - AT THE NEXT MEETING?" MANAGER McLEMORE STATED, "I CAN REPORT TO YOU ON WHAT HAPPENDED." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR G. Community Development Department Presents To The City Commission A Request Of Paul And Vicki Starks For A Variance From Section 20-146. Of The City Code Of Ordinances, Which Sets Forth Building Setbacks For The R-Cl Zoning District. . Mr. John Baker, AICP, Current Planning Coordinator Community Development Department introduced this Agenda Item and Mr. Paul Starks. ~ ~ ~ ~ ~ ~ '--' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRJL 8, 2002 PAGE 23 OF 26 Mr. Paul Starks, 484 Wild Fox Drive, Casselberry, Florida: addressed the Commission regarding his request for the Variance.. Discussion. "I WOULD MAKE A FINDING THAT THIS VARIANCE IS IN ORDER AND MOVE TO GRANT IT." MOTION BY COMMISSIONER BLAKE. Further discussion. COMMISSIONER BLAKE RESTATED HIS PREVIOUS MOTION AS, "I MAKE A FINDING THAT THE SIX (6) CONDITIONS ARE MET AND MAKE A MOTION TO GRANT THE VARIANCE AS APPLIED FOR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I MAKE A MOTION TO POSTPONE ITEMS 'H,' 'I,' AND 'K' TO A DATE CERTAIN - APRIL 22ND MEETING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: NAY MOTION DID NOT CARRY. REGULAR H. Community Development Department - Current Planning Division Requesting Commission Approval For The Acceptance Of ThE~ Improvements (Potable Water And Sanitary Sewer Systems) Located At Parkstone, Unit III, To Be Dedicated To The City For' Ownership And Maintenance. Mr. Baker introduced this Agenda Item. ~ ~ ~ ~ ~ t::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 24 OF 26 "MOTION TO APPROVE ITEM 'H.'" MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. REGULAR I. Parks And Recreation Department Requesting The City Commission Make The Remaining Appoin1l:ments To The Newly Established Paw Park Committee. COMMISSIONER BLAKE NOMINATED DR. PAUL WILLIAMS" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR J. Office Of The City Manager Requesting The City Commission Consider Data Regarding Trafnc Calmin~ For The City Of Winter Springs. (This Agenda Item Will Be Available At The April 22, 2002 Regular Meeting.) No action needed nor taken. REGULAR . K. Community Development Department Requests The City Commi!\Sion Receive Information About Boat Docks. (This Agenda Item Was Previously Listed On The March 25, 2002 Regular Meeting Agenda And The April 2, 2002 Special Meeting Agenda As Regular Agenda Item "K.'? I ~ ~ ~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 25 OF 26 Commissioner Martinez said to Manager McLemore, "Can we have this moved to the top of the Agenda next time?" Manager McLemore responded, "Absolutely." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR H. Community Development Department - Current Planning Division Requesting Commission Approval For The Acceptance Of The Improvements (Potable Water And Sanitary Sewer Systems) Located At Parkstone, Unit III, To Be Dedicated To The City For Ownership And Maintenance. Deputy Mayor Gennell stated, "I would just want to call the Commission's attention to something in Item 'H' on the City Engineer's letter that she has noticed several, numerous "boils" that have come up - and she is saying that she is going to approve this, but hold this but hold it out for consideration when they bring in Unit IV, because it is a concern to her and she has notified St. John's Water Management - just so we go on record that that part of it is going to be held out." VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 12:04 a.m. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING TH)S MEETING. .:..:. (t;.. "..,;(l ...,,"~ ~ ~ ~ ~ ~ ~ .. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 8, 2002 PAGE 26 OF 26 VII. 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 One - Robert S. Miller REPORTS E. Commission Seat Two - Michael S. Blake REPORTS F. Commission Seat Three - Edward Martinez, Jr. REPORTS G. Commission Seat Four - Cindy Gennell REPORTS H. Commission Seat Five - David W. McLeod REPORTS I. Office Of The Mayor - Paul P. Partyka RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: PAUL P. PARTYKA MAYOR NOTE: These Minutes were approved at the , 2002Regular City Commission Meeting. 1>-.. > eaa. ~ .=-:1 c= ~.. t;;;:;:;:T