HomeMy WebLinkAbout2005 08 22 EXEMPTION Consent Item 209- Regular Meeting Minutes, August 8, 2005
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING
AUGUST 8, 2005
The Regular Meeting of Monday, August 8, 2005 of the City Commission was called to
order by Mayor John F. Bush 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 John F. Bush, present
Deputy Mayor Michael S. Blake, present
Commissioner Robert S. Miller, present
Commissioner Donald A. Gilmore, present
Commissioner Sally McGinnis, present
Commissioner Joanne M. Krebs, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
Mayor Bush requested a Moment of Silence and asked everyone to remember Mr. Randy
Stevenson (Director, Community Development Department) and his family during a
difficult time for them. The Pledge of Allegiance followed.
) Related to Consent Agenda Item "200", a check was presented to the City by
Representative David Mealor and Representative Sandy Adams.
PUBLIC INPUT
Ms. Margo Miller, 679 Silvercreek Drive, Winter Springs, Florida: spoke of the Brusters
Ice Cream shop, the removal of trees, and the City's vision.
Discussion.
Mr. Paul Rosu, 2106 Kilamanjaro Court, Apopka, Florida: spoke of the First Reading of
Ordinance 2005-23 on tonight's Agenda and asked about his property and the
subdividing of his land.
Discussion.
Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: spoke in favor of the Noise
Ordinance.
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Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: mentioned he
agreed with Ms. Miller's comments and had noticed slight deviations and changes to the
City's Codes. Mr. Martinez also commented on Regular Agenda Item "508".
Ms. Tamara Turpin, District Director, Muscular Dystrophy Association, 120 University
Park Drive, Winter Park, Florida: spoke of MDA and Firefighters and Insurance
coverage.
Mr. Corey Green, representing the Winter
Springs Professional Firefighters Local 3296, Mr. Green spoke of Firefighters' response
time and their Boot Drive in affiliation with the Muscular Dystrophy Association.
Mr. Stephen Glazier, President, Orlando Regional South Seminole Hospital, 555 West
State Road 434, Longwood, Florida: gave an update on the City County Advisory
Committee and the benefits of this organization.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Office Of The Mayor
Proclamation Honoring Firefighters.
Mayor Bush presented a Proclamation in honor of the Winter Springs Firefighters.
In other City business, Mayor Bush read a Proclamation in honor of Parks and Recreation
and said to Mr. Chuck Pula, Director, Parks and Recreation Department, "We do
appreciate what you have done for the City as well as all your staff. You have done a
great job."
CONSENT AGENDA
CONSENT
200. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager And City
Attorney To Execute The Florida Department Of Environmental Protection,
Florida Recreation Development Assistance Program Project Grant Agreement For
Magnolia Park.
Brief discussion.
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CONSENT
201. Community Development Department - Urban Beautification Services
Division
Requesting Authorization To Purchase One (1) Ford F-150 Pick Up Truck By
Piggybacking Off Of Florida Sheriff's Association Bid #04-12-0823, And Approval
Of A Supplemental Appropriation In The Amount Of $13,793.00 To Fund The
City's Portion Of The Purchase Price.
Commissioner Sally McGinnis said, "I have been in other communities where I have seen
vehicles that would say - ".. .Donated by - to the Winter Springs Police Department..."
Commissioner McGinnis noted, "Sometimes agencies do get a donation from a Dealer if
they just put that logo. Have we ever done that?" With brief discussion, Commissioner
McGinnis added, "It is something you could consider - pursuing in the future."
Discussion.
CONSENT
202. Public Works Department - Stormwater Division
Requesting Authorization To Enter Into A Contract Agreement For Aquatic Weed
Control And Maintenance Services Of Certain Ponds.
Commissioner Joanne M. Krebs asked, "I know it says that it is for certain ponds. Is Oak
Forest - is in this?" Mr. Brian Fields, P.E., City Engineer, Public Works Department
said, "I would have to check and see if it is on the list." Commissioner Krebs added, "It
is really looking nasty!"
Discussion.
Deputy Mayor Michael S. Blake asked, "Is there any way we can extend that Contract to
allow it to begin earlier?" Mr. Fields stated, "We can check." Furthermore, Mr. Fields
added, "For the month of August we will be doing it internally with September 15t having
a new Contractor take over. We can check and see if we can move that up." Discussion
ensued on funding resources.
Deputy Mayor Blake said to Mayor Bush, "Pull that one off for separate consideration
please." Mayor Bush noted, "We will- pull it out and put it on our Regular Agenda."
CONSENT
203. Public Works Department - Stormwater Division
Requesting City Commission Approval To Enter Into An Agreement As A
Community Partner With The Federal Emergency Management Agency (FEMA) In
The Update And Modernization Of The Flood Maps.
No discussion.
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CONSENT
204. Public Works Department - Stormwater Division
Requests City Commission Authorization To Enter Into An Agreement To The First
Amendment To Interlocal Agreement Providing Joint Funding For The Watershed
Atlas Between Municipalities And Seminole County.
There was no discussion on this Agenda Item.
CONSENT
205. Office Of The Mayor
Requests That The City Commission Approve Resolution 2005-28 As Part Of The
City Of Winter Springs' Nominating Packets For Ronald W. McLemore, City
Manager; Anthony A. Garganese, City Attorney; And Andrea Lorenzo-Luaces,
CMC, City Clerk As "City Manager Of The Year", "City Attorney Of The Year",
And "City Clerk Of The Year" Respectively For The Florida League Of Cities 2005
"Cities Of Excellence Awards".
Commissioner McGinnis remarked, "On these Nominations, I support all of them; and I
think next year if we could just remember to really get this together several months ahead
of time." Mayor Bush commented, "I agree."
CONSENT
206. Police Department
Requesting The City Commission To Give Approval For The City Manager And
Police Chief To Renew The Annual School Resource Officers Inter-Agency
Agreement Between The City Of Winter Springs And Seminole County School
Board.
Brief discussion.
Tape IISide B
CONSENT
207. Office Of The City Clerk
Requesting Approval Of The July 11, 2005 Regular City Commission Meeting
Minutes.
Brief discussion.
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CONSENT
208. Office Of The City Clerk
Requesting Approval Of The July 13, 2005 Special City Commission Meeting
Minutes.
This Agenda Item was not discussed.
"MOTION TO APPROVE CONSENT AGENDA." MOTION BY
COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS.
DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "LESS ITEM '202'."
COMMISSIONER MILLER NOTED, "YES." MAYOR BUSH REMARKED,
"YES, WE HAVE PULLED ITEM '202'."
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTYMAYORBLAKE: AYE
MOTION CARRIED.
INFORMATIONAL AGENDA
INFORMATIONAL
300. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Commissioner Donald A. Gilmore mentioned to Mr. John Baker, AICP, Senior Planner,
Community Development Department, "The map - we did not get it on this time." Mr.
Baker responded, "It will certainly be there next week."
Discussion.
INFORMATIONAL
301. Community Development Department - Urban Beautification Services
Division
Wishes To Update The City Commission On The Status Of National Urban And
Community Forestry Grant Program Applications.
No discussion
INFORMATIONAL
302. Not Used.
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INFORMATIONAL
303. Public Works Department
Advising The City Commission Of The Status Of Various Capital Improvement
Projects.
With discussion, Commissioner McGinnis spoke on the monies used for trees. Mr. Kip
Lockcuff, P.E., Director, Public Works/Utility Department said, "If you want, we can
come back next Meeting and give you an update, just budget wise." Commissioner
McGinnis said, "Yes."
INFORMATIONAL
304. Public Works Department - Capital Projects Coordinator
Responding To The City Commission's Questions Regarding Requirements For Bid
Bonds, Payment And Performance Bonds And Other Contract Requirements As
Required By City Policy/Code/Ordinance And State Statutes.
Deputy Mayor Blake said to Mr. Lockcuff, "This is the best, most concise job I have seen
of trying to explain some of the rules of - the Bid process that is out there. I would ask,
can I get the same thing that involves all purchasing Ron [McLemore, City Manager], not
just construction projects?" With discussion, Deputy Mayor Blake asked, "Is it including
Consulting Services?" Deputy Mayor Blake added, "It is not a rush but just is really
more for education of the Commission."
Manager McLemore noted, "You basically want bullets on what the Purchasing Policy
states?" Deputy Mayor Blake remarked, "Yes, for professional services." With further
discussion, Deputy Mayor Blake said to Manager McLemore, "Then we will have it -
within the next couple of Budget cycles."
"MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER.
Deputy Mayor Blake remarked, "Point of Order" and spoke of the Motion.
COMMISSIONER MILLER ADDED, "MOTION TO APPROVE THE
INFORMATIONAL AGENDA." SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
DEPUTYMAYORBLAKE: AYE
MOTION CARRIED.
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PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Not Used.
PUBLIC HEARINGS
401. Community Development Department - Planning Division And Office Of
The City Attorney
Requests The City Commission Hold A Public Hearing Of First Reading For
Ordinance 2005-23, Amending Chapter 9 Of The City Code As It Relates To The
Subdivision Process.
Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
"SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTYMAYORBLAKE: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2005-23 by "Title" only.
Mr. Baker presented this Agenda Item.
Deputy Mayor Blake spoke of flag lots and his own property's shape and stated, "How do
we decide what a flag lot is?" Deputy Mayor Blake added, "Do we need to put a degree
measurement in that one angle or how do we go about defining exactly what a flag lot is
and how long must that pole be for it to be a flag lot?"
Furthermore, Deputy Mayor Blake said, "It is an interesting question that I think we need
to deal with if we are going to include the discussion of flag lots."
With further discussion on legal description of flag lots, Commissioner Robert S. Miller
said, "I think the City Attorney needs to address this somehow from a legal standpoint, if
it is our pleasure to do that..." Commissioner McGinnis added, ".. . Good idea."
Discussion.
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Mayor Bush said to the City Commission, "Is the Commission in favor of a more
accurate - definition of a flag lot?" Commissioner McGinnis noted, "Just a tighter..."
Commissioner Krebs responded, "... Cannot hurt." Commissioner Gilmore said, "I
would go along with that." Mayor Bush said, "That is a Consensus." Discussion.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Mr. Paul Rosu, 2106 Kilamanjaro Court, Apopka, Florida: spoke of this Ordinance and
his property.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Discussion.
"MOTION TO APPROVE - PUBLIC HEARINGS ITEM '401' - MOVE IT TO A
SECOND READING - WITH THE ADDITIONS THAT THE ATTORNEY
WOULD BRING BACK ON THE SECOND READING; CLARIFICATIONS ON
WHAT IS A FLAG LOT." MOTION BY COMMISSIONER MILLER.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
DEPUTYMAYORBLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
402. Office or The City Attorney
Presents Ordinance Number 2005-16 For Final Reading And Adoption. The
Ordinance Proposes A Noise Ordinance That Regulates Sound Levels That Will Be
Deemed To Constitute A Public Nuisance.
Attorney Garganese read Ordinance 2005-16 by "Title" only.
Discussion.
Tape 2/Side A
Further discussion.
Dr. Roger L. Wayson, P.E., 857 Oak Drive, Oviedo, Florida: as Associate Professor,
University of Central Florida who is the director of the Community Noise Lab, Dr.
Wayson commented on this issue.
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Discussion.
Deputy Mayor Blake inquired, "Will the Police Department be enforcing these laws on
the streets of Winter Springs? If there is a vehicle that has an altered exhaust system and
is louder than it was when it left the factory, will we be enforcing that - State Statute..."
Captain Tolleson stated, "... Yes..." Deputy Mayor Blake continued, "...In addition to
all these other things that we have been discussing in this Noise Ordinance." Captain
Tolleson stated, "Yes, we will - to include the twenty-five foot (25') radials and
boomboxes outside the car."
Further discussion.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: commented on the proposed
Noise Ordinance.
Mr. Tony Marasco, 1311 Deer Run, Winter Springs, Florida: spoke of school bands
playing and similar noise.
Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented
on enforcing the Ordinance and everyday noise.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Discussion.
Manager McLemore said to Captain Glenn Tolleson, Police Department, "Based on the
Ordinance the way it is written, understanding your job in enforcing this law, is the
Department going to be able to take this Ordinance and use it?" Captain Tolleson
responded by saying, "Yes."
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE
2005-16." MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER KREBS: NAY
COMMISSIONER GILMORE: AYE
DEPUTYMAYORBLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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Mayor Bush called a Recess at 8:45 p.m.
The Meeting reconvened at 9:01 p.m.
REGULAR AGENDA
REGULAR
500. Community Development Department
Requests The City Commission Approve The Proposed Final
SubdivisionlEngineering Plans And The Second Modification To The Pre-
Annexation Agreement For Jesup's Reserve.
Mr. Baker and Mr. Fields presented findings related to this Agenda Item; to which Mr.
Baker noted, "Staff recommends that the City Commission approve the final subdivision
engineering plans and the second modification to the Developer's Agreement for the
Jesup's Reserve subject to the three (3) conditions: One - the HOA [Homeowner's
Association] shall be required to pay any cost differentia between maintaining the
standard streetlights and the required Town Center lighting. The Development
Agreement shall be revised to reflect the revised number of units, potential cross access
to the adjacent property to the west as well as modify the alley configuration. The City
will coordinate approval of all streets and alley names as part of the Final Plat review."
Manager McLemore said, "Particularly related to the street edge on [State Road] 434, and
in that compromise that we all worked out, it was to provide enough area as I recall for a
double planting of trees on both sides of the sidewalk. Right?" I want to make sure that
that is provided for in this plan before we approve it."
Tape 2/Side B
Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: stated, "Yes, we
have trees on both sides of sidewalk of [State Road] 434."
Manager McLemore added, "And that was in lieu of requiring the frontage road - that
was worked out. Okay. The other issue was, in return for us putting in the streets - as it
was your - agreement to underground those power lines in front of the development?"
Mr. Corkery noted, "That's correct." Manager McLemore added, "Okay." Furthermore,
Manager McLemore said, "We need to make sure it's in the Agreement."
Commissioner Gilmore and Mr. Fields spoke of the Stormwater Plan, to which
Commissioner Gilmore asked, "Who owns all of this property in the Wetlands that this is
flowing to?" Mr. Fields responded, "As far as land ownership of the Wetlands itself, that
I don't know, I would have to check."
Discussion.
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Attorney Garganese spoke for the Record about including the conditions mentioned by
staff and noted, "Staff made certain recommendation that just need to be incorporated
into the proposed Modification Development Agreement - the conditions right. One in
particular, having to do with HOA's [Homeowner's Association's] paying the differential
for maintaining the decorative streetlights."
"I WOULD LIKE TO MAKE A MOTION TO APPROVE THE - FINAL
SUBDIVISION AND ENGINEERING PLANS, SECOND MODIFICATION TO
THE DEVELOPER'S AGREEMENT JESUP'S RESERVE, SUBJECT TO THE
THREE (3) CONDITION'S STATED WITHIN THE ITEM, AND IN ADDITION
TO BE CERTAIN THAT WE INCLUDE SPECIFICATIONS OF THE DOUBLE
SIDE TREE PLANTINGS ON THE FRONTAGE OF [STATE ROAD] 434 AND
THE UNDERGROUNDING OF THE POWER LINES." MOTION BY DEPUTY
MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
DEPUTYMAYORBLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
REGULAR
501. Community Development Department
Requests That The City Commission Approve The Landings At Parkstone Final
Subdivision Plat And Homeowner Restrictive Covenants, And Authorize Their
Recordation, Subject To The City Attorney's Review And Comments.
Mr. Baker introduced his opening remarks regarding this Agenda Item.
Brief discussion.
"MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
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REGULAR
502. Community Development Department
Requests That The Commission Approve The Wallace Final Subdivision Plat, And
Authorize Its Recordation.
This Agenda Item was presented by Mr. Baker.
Access to Lot 2 and flag lots was briefly discussed.
"I WILL MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTYMAYORBLAKE: NAY
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: NAY
MOTION CARRIED.
REGULAR
503. Community Development Department
Requests That The City Commission Consider The Aggarwal's Request To Renew
The Final Engineering/Site Plan And Development Agreement For The Village
Market Place Expansion.
Mr. Baker spoke on this Agenda Item.
Discussion.
Mr. Aggarwal, 1056 Edmiston Place, Longwood, Florida: addressed the City
Commission on this issue.
"I MAKE A MOTION TO EXTEND THE FINAL ENGINEERING SITE PLAN
AND DEVELOPMENT AGREEMENT FOR THE VILLAGE MARKET PLACE
EXPANSION - FOR A PERIOD OF SIX (6) MONTHS FROM TODAY."
MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER
KREBS. DISCUSSION.
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VOTE:
DEPUTYMAYORBLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
"I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND THE FINAL
ENGINEERING SITE PLAN AND DEVELOPMENT AGREEMENT FOR THE
VILLAGE MARKET PLACE EXPANSION - FOR A PERIOD OF SIX (6)
MONTHS COMMENCING SIX (6) MONTHS AND ONE (1) DAY, FROM
TODAY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
MOTION CARRIED.
REGULAR
504. Community Development Department
Requesting The City Commission Consider And Approve A Final Engineering/Site
Plan For The Belle Avenue Warehouse.
This Agenda Item was briefly introduced by Mr. Baker.
"MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTYMAYORBLAKE: AYE
MOTION CARRIED.
REGULAR
505. Not Used.
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REGULAR
506. Not Used.
REGULAR
507. Office Of The City Manager
Requesting The City Commission To Deny The Request From The Muscular
Dystrophy Association To Change City Policy Prohibiting City Employees From
Soliciting For Charitable Organizations On Duty And At Street Intersections.
Much discussion.
Mr. Corey Green, : spoke of the Firefighters'
response time and their Boot Drive in affiliation with the Muscular Dystrophy
Association (MDA).
Further discussion ensued on what work was not being done during the Boot Drive and
safety concerns.
Ms. Tamara Turpin, District Director, Muscular Dystrophy Association, 120 University
Park Drive, Winter Park, Florida: spoke ofthe Muscular Dystrophy Association (MDA)
and Firefighters and Insurance coverage.
Discussion ensued on different charities being supported by different City Departments to
which Deputy Mayor Blake said, "Somehow the City has determined by some Policy, I
have been here almost ten (10) years now and I do not remember voting on one or
establishing one, but the City endorses contributions through payroll deduction to the
United Way. Again I do not know how that happened but that appears to be the case."
Further discussion.
Deputy Mayor Blake noted, "In counting here, it looks like there are at least three (3)
Votes at the moment to not approve this Request and hearing the discussion my question
is, does that mean that we are setting a Policy that will allow for no on-City time work for
charities?" Additionally, Deputy Mayor Blake said, "What I am really concerned about
here is are we picking and choosing Ron [McLemore], I think you will agree, we need to
have one (1) standard Policy, whatever that is. I do not think we can be picking and
choosing. "
Manager McLemore said, "I think it is a fair question you raise." Furthermore, Manager
McLemore stated, "My suggestion would be - let them continu
pand it and then let's try to address this issue and come up with a fair
Policy." Commissioner McGinnis remarked, "I like that." Commissioner Krebs
commented, "I think that the City needs to have a Policy about the school or those - type
organizations on any comer, on that street out there." Commissioner Krebs added, "I
think we need a Policy."
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Furthermore, Manager McLemore noted, "I think that Fire needs to work with Police,
work out all appropriate mitigation strategies for the safety of that intersection this year,"
Commissioner McGinnis said to Manager McLemore, "So you are saying - continue as
they have done before and then we will develop a Policy?" Manager McLemore added,
"And one caveat being that they work with the Police Department in setting up their
mitigation strategies for safety at that intersection this year with their off-duty people."
Tape 3/Side A
Further discussion continued.
"I MOVE THAT WE LET THE FIREFIGHTERS UNION COLLECT MONEY
FOR MUSCULAR DYSTROPHY UNDER THE SAME CONDITIONS THAT WE
DID LAST YEAR AND THAT WE DURING THE NEXT YEAR, WE WILL
DEVELOP A POLICY FOR FUTURE ENDEAVORS LIKE THIS." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER.
DISCUSSION. DEPUTY MAYOR BLAKE SAID, "JUST THE WEEKEND - BUT
ONLY ONE (1) FRIDAY, RIGHT?" COMMISSIONER McGINNIS ADDED,
"SAME AS LAST YEAR."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: NAY
DEPUTY MAYOR BLAKE: NAY
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
"I WOULD LIKE TO MAKE A MOTION WE DIRECT THE CITY MANAGER
TO BRING BACK TO US A COMPREHENSIVE POLICY ON THE CITY'S
ENDORSEMENTS AND ACTIVITIES OF CHARITABLE ACTIVITIES..."
DEPUTY MAYOR BLAKE ADDED, "...BY JANUARY 1ST." MOTION BY
DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTYMAYORBLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED. \
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REGULAR
508. Office Of The City Manager
Requests Direction From The City Commission On Seminole County's Request For
Funding ADA (American Disabilities Act) Paratransit Services.
Discussion.
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BLAKE.
SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH
NOTED, "STAFF'S RECOMMENDATION WAS TO DENY."
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
REGULAR
509. Community Development Department
Requests That The City Commission Consider Additional Second Floor Wall
Signage Proposed For The West (Parking Lot) Side Of The JDC Calhoun (Doran)
Town Center Building Number 2, Located At The Southwest Corner Of Tuskawilla
Road And Tree Swallow Drive.
Mr. Baker presented this Agenda Item for discussion.
Discussion ensued on this Agenda Item.
Commissioner Gilmore stated, "I would kind of like to see a Plan View of what we are
talking about - the buildings. Show me a Plan View of..." Deputy Mayor Blake noted,
". ..What he is talking about is - you know the big Town Center overlay which shows
which building is where..." Commissioner Gilmore added, "...I mentioned before that
there should be a plaque up here - this Town Center is getting so much attention and we
sit up here and nobody knows in the audience what we are talking about - 1 think you
need a - Plan that we can look at here and see it." Mayor Bush said to Mr. Baker, "Can
you do it?" Mr. Baker responded, "Yes, Sir." Mayor Bush then said, "Do we have a
Consensus then?" Commissioner McGinnis said, "Yes." Commissioner Krebs said,
"Yes." Deputy Mayor Blake said, "I think we had Consensus on this previously." No
objections were noted.
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PAGE 17 OF 24
Manager McLemore asked, "Do you want this electronically now, or do you want
something hanging on the wall?" Deputy Mayor Blake said, "I don't think it matters. I
think if it is even a copy in here. Remember we had that from part of the old initial Town
Center vision - we had this area where we had streets drawn in and there were buildings
drawn in and since then it has of course evolved into something. If we just had
something that represented these fifteen (15) or seventeen (17) acres out here, with each
of the buildings on it, each of the buildings numbered so that we know if we are looking
at Building 2 - it is right here. You can put it as part of the Agenda Item, have a little star
on the exact spot, from an overhead of where that sign is being discussed."
Mayor Bush said, "The Commission has a Consensus on it Mr. Baker - so come up with
something." Commissioner Gilmore added, "The Town Center map is what we are
after." Deputy Mayor Blake noted, "With the buildings overlayed onto the map..." Mr.
Baker stated, ".. .Yes, Sir..." Deputy Mayor Blake added, ".. .And identified."
"MOTION TO DISAPPROVE." MOTION BY COMMISSIONER MILLER.
SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER GILMORE: NAY
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER McGINNIS: NAY
MOTION CARRIED.
REGULAR
510. Community Development Department - Building Division
Requests The City Commission Adopt Resolution 2005-29 Which Revises The
Building Permit Fee Schedule For New Construction And Provides For A
Methodology For Computing And Updating The Permit Fee Multiplier.
With discussion, Mr. David Alamina, CBO, Building Official, Building Division,
Community Development Department and Mr. Lockcuff spoke on this Agenda Item.
Discussion.
"I WOULD LIKE TO MAKE A MOTION WE APPROVE RESOLUTION 2005-
29." MOTION BY COMMISSIONER GILMORE. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
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REGULAR MEETING - AUGUST 8, 2005
PAGE 18 OF 24
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTYMAYORBLAKE: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM, WHICH WAS
FORMERLY LISTED ON THE AGENDA AS CONSENT AGENDA ITEM "202",
WAS HEARD NEXT, AS IT HAD BEEN MOVED TO THE END OF THE
AGENDA. .:. .:.
(FORMERLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "202")
Public Works Department - Stormwater Division
Requesting Authorization To Enter Into A Contract Agreement For Aquatic Weed
Control And Maintenance Services or Certain Ponds.
Mr. Fields stated, "We have a couple of options here. We can do what we can to move
up the new Contractor, if the Agreement is approved tonight by the Commission to start
as soon as possible. If that's not possible, we can go to possibly one of the other Bidders
to see as a third party if they can come in, in the interim to fill up any gaps between the
current Contractor and that new Contractor. We can work with the current Contractor if
that's not available to work with him to extend in through the month of August to
complete the work as per his current Agreement. If all that fails, we do have the ability
with staff to go address particular ponds, ifthere is a particular need."
Deputy Mayor Blake said, "Thank for providing a menu of choices. I appreciate that!"
Deputy Mayor Blake continued, "I don't think that there will be any difficulty with -
Lake Doctors, [Inc.] right?" Mr. Fields said, "That's correct."
"I WOULD MAKE A MOTION THAT WE AWARD THE CONTRACT TO
THEM AND ADJUST THE DATE FROM OCTOBER 1ST OR SEPTEMBER 1ST
WHICHEVER DATE IT WAS, BACK TO TOMORROW, AUGUST 9TH, 2005
AND ASK THEM TO MOBILIZE AS QUICKLY AS POSSIBLE." MOTION BY
DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
DEPUTY MAYOR BLAKE ADDED, "CLARIFICATION COMMENT - THAT
WILL BE - A ONE (1) YEAR CONTRACT, PLUS THE PERIOD OF TIME
BETWEEN TOMORROW AND THE ORIGINAL START DATE OF
SEPTEMBER 1 - THE ANNIVERSARY DATE OF THE CONTRACT REMAINS
SEPTEMBER 1 ST."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - AUGUST 8, 2005
PAGE 190F24
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REPORTS
REPORTS
600. Office Of The City Attorney - Anthony A. Garganese, Esquire
No Report.
REPORTS
601. Office Of The City Manager - Ronald W. McLemore
Manager McLemore spoke of a Hurricane document he was writing and explained, "I
hope that tomorrow or the next day 1 can have - a draft to look at." With discussion on
litigation and the content of the document, Commissioner McGinnis said, "You will do
that A.S.A.P." Manager McLemore stated, "This thing will not come back up until some
time in September."
The Soldiers Park issue was mentioned by Manager McLemore.
Manager McLemore noted they are submitting some projects for funding under new
legislation for highway improvements.
Next, Manager McLemore spoke of the Bulk Container problems on Fairfax A venue and
stated, "Two strategies. Get rid of the bulk containers. Set up a special route to pick up
all this stuff that continues to flow out of there and replace those bulk containers with
roll-outs." Manager McLemore added, "Then, probably designating by Resolution a
special area for special service."
The Workshop on the Town Center scheduled for August 15th, 2005, was noted next by
Manager McLemore who remarked, "We're trying to generate information hopefully to
get in your hands ahead oftime."
Manager McLemore mentioned the City of Oviedo and Seminole County were working
on a new Joint Planning Agreement (JP A), and he had requested copies of documents and
noted, "We will share them with you."
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Deputy Mayor Blake said, "I would like the Commission to officially and formally
request to be a part of all discussions between the City of Oviedo and Seminole County
pursuant to 9J-5 Florida Administrative Code - whatever that section is that talks about-
the involvement specifically of any and all affected parties in a creation of a joint
planning agreement and - 1 think that should be by Resolution and 1 think that we should
send it directly to each of those governments by whatever official means exists, whether
that be by Certified Mail with return receipt or personal delivery and stamped copy by
their clerks. We asked to be included before. The work that they are doing affects our
boundaries. Weare a party to this and 1 think this time we need to document our
involvement or lack of involvement in how that occurs more carefully."
Discussion.
"I MAKE A MOTION WE DIRECT THE CITY MANAGER TO CREATE A
DOCUMENT WITH CITY ATTORNEY AND GIVE IT TO THE MAYOR FOR
SIGNATURE - A RESOLUTION OF THE CITY OF WINTER SPRINGS -
ADOPTED THIS DATE AUGUST 8TH, [2005] - FOR DELIVERY TO BOTH -
SEMINOLE COUNTY, FLORIDA AND THE CITY OF OVIEDO FLORIDA BY
EVERY LEGAL MEANS POSSIBLE TO ASSURE THAT THESE PARTIES ARE
PUT ON NOTICE THAT WE WISH TO BE INVOLVED PURSUANT TO OUR
RIGHTS OF SECTION 9J-5, FLORIDA ADMINISTRATIVE CODE OF THE
JOINT PLANNING AGREEMENT PROCESS THAT IT IS APPARENT THAT
THE CITY OF OVIEDO AND - THE COUNTY OF SEMINOLE FLORIDA ARE
CURRENTLY GOING THROUGH." MOTION BY DEPUTY MAYOR BLAKE.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
COMMISSIONER MILLER SAID, "I WOULD LIKE TO SEE IT SENT RETURN
RECEIPT REQUESTED AND I THINK WE SHOULD SEND IT TO ALL OF
THE COUNTY COMMISSION..." DEPUTY MAYOR BLAKE SAID, "...EACH
ELECTED OFFICIAL AS WELL AS STAFF..." COMMISSIONER MILLER
AGREED AND SAID, "...ALSO AS WELL AS STAFF." FURTHERMORE,
COMMISSIONER McGINNIS ADDED, '''CC: EVERYBODY."
COMMISSIONER MILLER NOTED, "AND ALSO THE MEMBERS OF THE
OVIEDO COMMISSION, INDIVIDUALLY." COMMISSIONER KREBS
REMARKED, "THAT IS A GOOD IDEA." DEPUTY MAYOR BLAKE NOTED,
"I AGREE. " MAYOR BUSH COMMENTED, "EVERYBODY IS IN
AGREEMENT WITH THE COMMENTS THAT COMMISSIONER MILLER
HAS MADE IN ADDITION TO THE MOTION?" COMMISSIONER McGINNIS
STATED, "YES."
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - AUGUST 8, 2005
PAGE 21 OF 24
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
"MOTION TO EXTEND THE MEETING RETROACTIVE TO THE 11:00 [P.M.],
FOR ONE (1) HOUR." MOTION BY DEPUTY MAYOR BLAKE. SECONDED
BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
DEPUTYMAYORBLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Manager McLemore mentioned guests from Hong Kong visited with Commissioner
Miller and our City on emergency operations procedures. Discussion ensued with
Commissioner Miller.
REPORTS
602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC
No Report.
REPORTS
603. Commission Seat Five - Joanne M. Krebs
Commissioner Krebs mentioned an article in a Tuscawilla publication related to the
Tuscawilla Lighting and Beautification District.
Tape 3/Side B
Commissioner Krebs asked to have explained - "How the money is going to be dispersed.
How it is being used." Commissioner Krebs inquired, "Are we going to send something
out - with that straw vote?"
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REGULAR MEETING - AUGUST 8, 2005
PAGE 22 OF 24
Manager McLemore said, "We went to print on something today. It doesn't specifically
get into that but the next one that goes out will have a lot of detailed information on it."
Commissioner Krebs asked, "Will we have that information available here for them,
when they come?" Manager McLemore stated, "Sure." With further comments,
Manager McLemore noted, "We will try to - do a better job."
Next, Commissioner Krebs spoke of planning and urban developments. With discussion
on this issue, Manager McLemore said to Commissioner Krebs, "I will be happy to sit
down with you." Commissioner Krebs added, "Beyond the Town Center."
Further discussion.
REPORTS
604. Office Of The Mayor - John F. Bush
Mayor Bush asked about the status of the appraisal of Kristi Anne Court. Brief
discussion.
Secondly, Mayor Bush mentioned a discussion with a resident regarding a water bill
problem.
Deputy Mayor Blake commented, "I continue to hear those same types of complaints
about the level of customer service in dealing with utilities."
With further discussion, Mayor Bush said to Manager McLemore, "I can give you his
phone number." Manager McLemore said, "I would be interested in talking with him."
Third, Mayor Bush commented on a resident who had some issues getting a Building
Permit. Discussion.
REPORTS
605. Commission Seat One - Robert S. Miller
Commissioner Miller remarked, "I would like to see us get some information from
somebody in the next couple of months on the concept of 'Clusters', beyond the Town
Center, going to the GreeneWay and all that land out there - come up with some kind ofa
map that would show us where the - wetland areas are that can never be built on.
We all - 1 think most of us want to have - office buildings along [State Road] 434 but in
the back going down to the lake, it might not be a bad idea to consider a cluster concept
back there where you have thirty-five-forty (35-40) units all in a cluster and then several
acres around them that would be woods." Commissioner Miller added, "I would like to
see some if everyone wants to go along with it, it might not be a bad idea to have some -
conceptual type stuff assembled by Staff that we can all take a look at."
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Mayor Bush said, "I think we need to give the Manager time to - mull over what
Commissioner Krebs and what you are recommending - and then bring it back to the City
Commission." Commissioner Miller added, "I will remind him."
Commissioner Miller asked Attorney Garganese about the time related to Public Records
Requests and specifically asked about documents requests on the Joint Planning
Agreement (JP A), and a related news article. Discussion.
The vision related to the East Rural Area Property Owner's Committee and the Black
Hammock was brought up next by Commissioner Miller.
Lastly, Commissioner Miller mentioned a "Casselberry tree cutting exercise in Winter
Springs - what is happening on that?" Manager McLemore noted, "I will get you some
more information on it."
REPORTS
606. Commission Seat TwolDeputy Mayor - Michael S. Blake
No Report.
REPORTS
607. Commission Seat Three - Donald A. Gilmore
Commissioner Gilmore mentioned that the Splash Pad at Torcaso Park is in dire need of
shade.
Secondly, Commissioner Gilmore mentioned trash pick up related to chunks of concrete
and stated, "I think our waste hauler should be picking that stuff up." Furthermore,
Commissioner Gilmore stated, "He should have a price for the Homeowner."
Commissioner Gilmore then said, "You [Manager McLemore] just said they don't pick
up construction materials - then I think that everybody needs to know that that is an
agreement. I think it should be published and people should know that they can call us to
get that, and right now that is not known." Manager McLemore noted, "Be happy to do
it." Commissioner Gilmore said, "We need to tell them the process." Additionally,
Manager McLemore remarked, "And we have and we will be happy to put some
information out there." Commissioner McGinnis and Commissioner Gilmore both
recommended putting the information in the City's Newsletter.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - AUGUST 8, 2005
PAGE 24 OF 24
REPORTS
608. Commission Seat Four - Sally McGinnis
Commissioner McGinnis mentioned the City's previous "Commerce and Industry Board"
and stated, "I think that now we might be ready to think about developing a Chamber of
Commerce for the City." With discussion, Manager McLemore said, "Could we do it
after the next two (2) years?" Commissioner McGinnis responded by saying "Yes, 1
think we just need to keep it in mind."
ADJOURNMENT
Mayor Bush adjourned the Meeting at 11 :53 p.m.
RESPECTFULLY SUBMITTED:
LORENZO-LUACES, CMC
CIT CLERK
APPROVED:
~1'1 ; ~
F. BUSH
MAYOR
NOTE: These Minutes were approved at the August 22, 2005 Regular City Commission Meeting.