HomeMy WebLinkAbout2006 09 25 EXEMPTION Consent 408 Approval of September 11 Regular Minutes
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING
SEPTEMBER 11, 2006
CALL TO ORDER
The Regular Meeting of Monday, September 11, 2006 of the City Commission was
called to Order by Mayor John F. Bush at 6:38 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, arrived at 7: 10 p.m.
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, absent
Attorney Debra S. Babb-Nutcher, present
A moment of silence was followed by the Pledge of Allegiance.
PUBLIC HEARINGS AGENDA (PART I)
PUBLIC HEARINGS
200. Office Of The City Manager
Requesting That The City Commission Hold A Public Hearing Relative To The
Approval Of Resolution Number 2006-48, Which Establishes The Tentative
Operating Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs
At 4.2919 Mills Which Is 9.50% Above The Rolled-Back Rate Of 3.9195 Mills And
The Tentative Voted Debt Service Millage Rate For Fiscal Year 2006-2007 For The
City Of Winter Springs At .1100 Mills.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11, 2006
PAGE 2 OF 24
Ms. Michelle Greco, Director, Finance Department spoke briefly on this Agenda Item.
"I WOULD LIKE TO MAKE A MOTION THAT WE REDUCE THE MILLAGE
RATE FROM 4.6216 MILS TO 4.2919 MILS AND SET THE VOTED DEBT
FROM .1374 MILS, DOWN TO - REDUCE THAT DOWN TO .1100 MILS FOR
FISCAL YEAR 2007" [RESOLUTION 2006-48]. MOTION BY DEPUTY
MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
201. Office Of The City Manager
Requesting That The City Commission Hold A Public Hearing Relative To The
Approval Of Resolution Number 2006-49, Establishing The Tentative Budget For
Fiscal Year 2006-2007.
Ms. Greco addressed the City Commission on this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO APPROVE RESOLUTION NUMBER 2006-49 ESTABLISHING
THE TENTATIVE BUDGET FOR FISCAL YEAR 06-07." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTYMAYORBLAKE: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 3 OF 24
.:..:. AGENDA NOTE: THE FOLLOWING NEW "ADD-ON" (NOT NOTED
ON THE AGENDA) WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:.
REGULAR AGENDA
REGULAR
Office Of The City Manager
ADD-ON
Discussion On The Town Center.
City Manager Ronald W. McLemore said, "Commissioners, we hate to pull a situation
with you where we have to do an Add-On when we didn't even have time to write up
anything, but we've been involved in a situation with our Developer of the Town Center,
James Doran, this afternoon that went up to probably about an hour ago. Due to its
potential financial impact on the Developer, and it being a matter of urgency, we're
asking to bring this to you tonight for consideration."
Manager McLemore continued, "The issue involves a couple of design issues on
Building 4 in your Town Center, which is ready, or getting ready now, for construction.
This project needs to move ahead to stay in step with its financing. The issues involved
deal with principally two (2) things; one is the corridor between the two (2) buildings,
Building 3 and Building 4; and then the issue of the construction of the columns on the
front of Building 4. This is the issue in a capsule form.
Back in 2005, prior to September, in review of preliminary plans, the Commission
designated a requirement for separation of these two (2) buildings at twenty feet and one
inch (20' 1 It). In subsequent approvals, the Commission in September 2005, agreed to a
set of building plans or Concept Plans - Aesthetic approval of the building plans and in
that plan there was some encroachments into that pass-through between two (2)
buildings. It involved an enclosure for a stairwell and a small part of the building in the
rear. Those particular plans when they were reviewed did not provide detailed
measurements on the width of the corridor or the passageway. They were approved by
the City Commission and approximately four (4) or five (5) days later, we received Final
Engineering Plans which did in fact represent that the passageway was twenty feet (20').
wide."
Manager McLemore continued, "So we have a conflict between your original
requirement, the building that was approved in Aesthetic Review, and then the Final
Engineering.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 4 OF 24
So, we worked all this afternoon to come up with a solution, one which I think is viable
and it works for all parties. And it basically includes a couple of minor enhancements to
Building 4 which includes putting back in that plan a doorway on the interior side of the
building which would actually face the passageway. And - not replacing, but putting
back into the plan, in the rear of the building, a window area to increase the amount of
display area into the passageway or pass through."
Manager McLemore added, "Additionally, there was a couple of minor landscape issues
and also in agreement between us and the Developer that as you know, we expanded the
sidewalks in the first phase from the Buildings 1 and 2 and our intent is to carry that
expansion of those sidewalks down the street. The Developer wants us to acknowledge
that he is willing to do that as long as we provide him the loss spaces credit in his future
parking requirements.
There are probably eight (8) parking spaces that would be lost based on just a quick look.
Doesn't have a huge impact and is certainly subject to further negotiations of where those
might be placed. But the main thing here is we need to move ahead. And there's nothing
in this that creates any substantial harm to the Town Center. Some of the things we did
this afternoon probably enhances the passageway a little bit. But, because the Final
Engineering was approved by the Commission showing the twenty feet (20') of width,
you would have to Approve or Amend that change as we've set out to you tonight. Any
questions?"
Discussion.
Manager McLemore said, "Now I believe, Shane (Doran, James Doran Company), if
you'll substantiate this, I believe your building is sold out, isn't it? It's ready to go."
Mr. Shane J Doran, Senior Vice President, James Doran Company, 216 Seven Farms
Drive, Suite 200, Charleston, South Carolina: said, "Yes it is."
Manager McLemore asked, "Briefly, it's how many condominiums units and then how
many square units?" Mr. Doran said, "Forty-one (41)." Manager McLemore said,
"Forty-one (41) units and the retail of...
Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200,
Charleston, South Carolina: responded, "...Roughly 7,000, just under - 6,800."
Manager McLemore said, "These workovers are the ideal kind of Town Center New
Urbanism type of building and really it's going to be a real asset to the Town Center.
And, as I said, the minimum changes in the passageway really don't do a lot of harm and
so I would highly suggest we move ahead with this and let them start building. I think
they're ready tomorrow."
,.....,
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER I I, 2006
PAGE 5 OF 24
Mr. Tullos stated, "What that doesn't reflect is that is just a building footprint plan from a
civil drawing. The architectural shows you the stairwell that's enclosed, it actually
bumps in there. It also shows the screen wall that we're providing to hide some electrical
equipment."
Commissioner Donald A. Gilmore asked, "Is there an elevator in here also?" Mr. Tullos
said, "There is, but that's in the central lobby, not affected."
Continuing, Mr. Tullos said, "That's the end of the huilding that is in question between 3
and 4. That is the end of Building 4, the south end. And that's the drawing the elevation
that was in the approval package back in [20]'05." Manager McLemore inquired, "And
this is the enclosed stairwell?" Mr. Tullos said, "That's correct." Mr. Tullos added, "At
the back of the building, it's eighteen (18) and where the stairwell is, it's sixteen and a
half (16 'li)."
Manager McLemore said, "Actually, I really think the little enhancements we made in
here, is really going to make it a nice place."
Discussion.
Regarding the window, Mr. Tullos said, "That was just a window unit and no longer a
door. We're going to put the door back in there. This is Tuscawilla [Road] that's
running out here. This back has a door, but it has a Hardie Panel around it, so it was a
solid door. We're just going to go full glass storefront there, in that section and remove
the door. You still have to move the door to the back of the house, you've got to have a
rear entry, you know, for deliveries, etc - but it creates a nice display window as your
coming through the passage area."
Manager McLemore said, "That last piece, you said we have to put a door in the rear?"
Mr. Tullos said, "You've got to have a rear access there, to get in that space." Mr. Doran
said, "For Code, I think." Mr. Tullos said, "So we'll just have to move it to the back
which is where the parking lot is." Manager McLemore said, "Well, we did a solid door
on the other buildings." Mr. Tullos said, "We'll do a solid louvered door. We're just
moving the door that's there, to there."
Deputy Mayor Michael S. Blake asked, "And what does this represent?" Mr. Tullos said,
"What we're looking at doing, is coming off of the wall here, on either side with a section
of powder coat aluminum black wrought-iron looking fence anchored by a brick podium
that would house probably a nice pot on top, planter; and what it does is create the back
side. "
.......,
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 6 OF 24
Furthermore, Mr. Tullos remarked, "If you looked at this as a square - we were looking
for a way to kind of delineate kind of the back ninety degree angles, creating that full
square." Deputy Mayor Blake said, "So we're actually making this even smaller than the
sixteen and a half feet (16' W') by putting in this fixture and this fixture." Mr. Tullos
noted "If it were clear, you'd see that we don't make it smaller, we'll stop it right at the
edge of the current protrusion into the twenty point one (20.1). It won't come beyond
that. You'll still have the sixteen and a half (16 1/2)."
Deputy Mayor Blake asked, "Is there any connectivity between this Building 4 and
Building 3 over here?" Mr. Tullos said, "There's not." Deputy Mayor Blake said,
"There's not going to be an archway or anything like that?" Mr. Tullos said, "No."
Commissioner Joanne M. Krebs asked, "Do you want one?" Mr. Tullos said, "Not really,
no. The distance is too far to span, you start getting into all kinds of structural issues."
"I MOVE THAT WE ACCEPT THE DESIGN MODIFICATIONS PRESENTED
TONIGHT FOR BUILDING 4." MOTION MADE BY COMMISSIONER
McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
MANAGER McLEMORE SAID, "I JUST WANT TO MAKE SURE IN THE
RECORD, THIS IS GOING TO BE A SOLID DOOR MARKED 'F:OR
EMPLOYEES ONLY' OR 'FOR STORAGE ONLY', SOMETHING LIKE
THAT." MR. TULLOS SAID, "IT'LL BE SIMILAR TO THE REAR OF
BUILDING 2."
MAYOR BUSH SAID, "AND THE MOTION - THE MANAGER ELIMINATED
THE WIDENING OF THE SIDEWALK AND THE PARKING SPACES THAT
WOULD BE REMOVED, WOULD BE CREDITED TO THEM FOR FUTURE..."
COMMISSIONER McGINNIS SAID, "...WHICH I BELIEVE WAS EIGHT (8)."
MAYOR BUSH SAID, "WELL, THEY DON'T KNOW. THEY SAID
APPROXIMATELY EIGHT (8). SO THE MOTION WILL INCLUDE THOSE."
DEPUTY MAYOR BLAKE SAID, "TALKING ABOUT THE PARKING, I
UNDERSTOOD AND BOUGHT INTO THE ARGUMENT UP CLOSER TO
[STATE ROAD] 434, WHY IT WAS IMPORTANT TO GIVE UP A FEW SPACES
IN ORDER TO HAVE PARALLEL PARKING AND A WIDER SIDEWALK.
WHAT ARE THE EXPECTED RETAIL USES IN THESE THREE (3) SLOTS?"
MR. TULLOS SAID, "HARD TO SAY AT THIS POINT, COMMISSIONER.
THOSE ARE RETAIL CONDOMINIUMS. IT'S VERY LIKELY THAT YOU'LL
SEE A MIXTURE OF RETAIL AND MAYBE QUASI-OFFICE."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 7 OF 24
MR. DORAN SAID, "THE RESIDENTIAL ONES ARE SOLD. WE HAVE TWO
(2) OF THE RETAIL CONDOS RESERVED. I THINK ONE'S BY A TITLE
COMPANY. THE OTHER TWO (2) ARE NOT SOLD. IT'S THE
RESIDENTIAL ONES THAT ARE."
DEPUTY MAYOR BLAKE SAID, "AND SO, BASICALLY THOUGH -
SLIGHTLY DIFFERENT TYPE OF USE THEN WHAT YOU MIGHT EXPECT
ACROSS THE STREET OR UP CLOSER TO [STATE ROAD] 434 IN TERMS OF
RESTAURANT TRAFFIC OR, THESE ARE BACK OFF JUST A LITTLE BIT,
THIS IS BUILDING 4, IT'S THE FOURTH BUILDING OFF OF [STATE ROAD]
434. I AM WONDERING, JUST HOW IMPORTANT IT REALLY IS TO
CONTINUE WITH AN EXTRA WIDE SIDEWALK HERE VERSUS GIVING UP
THE ANGLED-IN PARKING. I THINK I WOULD LIKE TO SEE THE
ANGLED-IN PARKING."
MANAGER McLEMORE SAID, "IT'S REALLY ESSENTIAL THAT WE WIDEN
THE SIDEWALK. EVEN IF YOU WERE OUT FRIDAY NIGHT, YOU COULD
SEE PEOPLE JUST ALL OVER THE SIDEWALKS." DEPUTY MAYOR
BLAKE SAID, "NOT HERE?" MANAGER McLEMORE REMARKED, "I
KNOW, BUT IT IS GOING TO BE I HOPE, THE SAME SITUATION FOR THIS
NEXT BLOCK. NOW ONCE WE GET BEYOND THAT NEXT BLOCK, IT IS
NOT AN ISSUE. BUT IT'S REALLY IMPORTANT ON MAIN STREET, AND
I'M TALKING ABOUT MAIN STREET, TO HAVE VERY WIDE SIDEWALKS,
BECAUSE REMEMBER, IT'S A PLACE. THE WHOLE THING IS TO MAKE
IT A PLACE."
MANAGER McLEMORE SAID, "THESE COLUMNS HERE, YOU HAVE SIX (6)
AND EIGHT FEET (8') OF SPACE BETWEEN THE EDGE OF THAT COLUMN
TO THE BACK OF THE EXISTING CURB." DEPUTY MAYOR SAID,
"CURRENTLY WITH THE PARALLEL PARKING?" MANAGER McLEMORE
SAID, "RIGHT. BUT WHEN WE EXPAND IT OUT, YOU'LL HAVE
FOURTEEN FEET (14'), I BELIEVE IT IS; AND YOU'LL HAVE ROOM FOR
TABLES AND HOPEFULLY THE KIND OF CROWDS AND EVENTS THAT
WE REALL Y WANT."
FURTHER DISCUSSION.
"I WOULD LIKE TO AMEND THE MOTION TO REMOVE THE PARKING
COMMENTS AND RETAIN THE ANGLED-IN PARKING." MOTION MADE
BY DEPUTY MAYOR BLAKE.
MOTION DIED FOR LACK OF A SECOND.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 8 OF 24
MAYOR BUSH SAID, "YOU WERE PREPARED TO DO THE ANGLE
PARKING?" MR. DORAN SAID, "I AM VERY HAPPY WITH THE ANGLE
PARKING - IN THE SPIRIT OF COOPERATION, TO GET THINGS MOVING, I
WAS GOING TO ALLOW IT TO BE PARALLEL BUT TO GET CREDIT - I
DON'T THINK IT WOULD BE FAIR THAT I NOT GET CREDIT FOR THE
LOSS."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: NAY
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING 'PUBLIC INPUT' AND REGULAR
AGENDA ITEM '303' WERE DISCUSSED NEXT, IN THE ORDER
DOCUMENTED. .:. .:.
PUBLIC INPUT
Ms. Lois Smith, 803 Tomlinson Terrace, Lake Mary, Florida: Mayor Bush stated, "Lois
Smith is in favor of retaining the Dog Park in Central Winds, but does not wish to address
the Commission."
Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked Manager
McLemore for his assistance; spoke on the past six (6) months and recent actions of the
City Commission; and recommended keeping the Dog Park at Central Winds Park.
Commissioner Robert S. Miller arrived at 7: 1 0 p. m.
Mr. Gregory Ferraro, 307 Cello Circle, Winter Springs, Florida: as the Vice President
of "Friends of Leash Optional Parks", Mr. Ferraro spoke on merits of Central Winds Park
as the location for this Dog Park.
Ms. Loretta A. Ames, 150 Third Street, Winter Springs, Florida: Mayor Bush stated,
"Loretta Ames is also in favor, but does not wish to address the Commission."
Ms. Diane Ferraro, 307 Cello Circle, Winter Springs, Florida: Mayor Bush stated,
"Diane Ferraro. You agree with her husband, and with Mr. Rucci."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 9 OF 24
Ms. Sarah Spragip, 774 Seneca Meadows Road, Winter Springs, Florida: commented on
merits of dogs; asked if any of the City Commission were dog owners; and noted that she
was in favor of Central Winds Park for the Dog Park location.
Ms. Anna D. Filsinger, 442 Club Drive, Winter Springs, Florida: Mayor Bush stated,
"Anna Filsinger is in favor, but does not wish to address the Commission."
[Commissioner Sally McGinnis noted, "Her son dropped that off."]
Mr. James A. Toredo, 442 Club Drive, Winter Springs, Florida: Mayor Bush stated,
"James Toredo is in favor and does not wish to address the Commission."
Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: Mayor Bush stated,
"Central Winds Park as well."
Mr. William P. Jones, 501 Erica Way, Winter Springs, Florida: Mayor Bush stated,
"William P. Jones - does not wish to address the Commission - is opposed to the Shepard
Road location, is his opposition."
Ms. Holly Heath, 501 Erica Way, Winter Springs, Florida: Mayor Bush stated,
"Opposed to the Shepard Road location as well and does not wish to address the
Commission. "
Mr. William Payne, 510 Bentley Street, Oviedo, Florida: noted he was in favor. Mayor
Bush remarked, "You are in favor of it at Central Winds [Park] as well." Mr. Payne
stated, "Yes."
REGULAR
REGULAR
303. Parks And Recreation Department
Requesting City Commission Direction Regarding Potential Sites, To Proceed With
Further Evaluation For A Future Permanent Dog Park Location.
Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City
Commission on potential related problems with Lake Jesup and the Dog Park location.
Discussion.
Tape 1/Side B
Commissioner Krebs asked, "If the Dog Park was moved up closer to [State Road] 434,
would it be less of an impact?" Mr. Fields said, "That would help. You could also look
at doing a retention area around it. There's even - we did some research to point out to
Chuck (Pula, Director, Parks and Recreation Department), one area in New York did
almost a dog septic system to address this particular problem."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER I 1,2006
PAGE IO OF 24
Much discussion.
"I WILL MOVE THAT WE ASK STAFF TO WORK OUT THE NECESSARY
PLANS TO PROVIDE FOR A PERMANENT DOG PARK LOCATED IN
CENTRAL WINDS PARK." MOTION BY COMMISSIONER McGINNIS.
COMMISSIONER McGINNIS ADDED, "NINETY (90) DAYS TO COME BACK
WITH A PLAN." SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: NAY
COMMISSIONER MILLER: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL "PUBLIC INPUT"
WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:.
PUBLIC INPUT
Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of the
upcoming Election, and suggested an educational class be held by the City Commission
for Campaign candidates.
Mr. Christopher Cannizzaro, 209 Hazelwood Court, Winter Springs, Florida: Mayor
Bush stated, "He was in favor. He didn't wish to address the Commission. I assume he
was in favor of the decision as well."
Dr. Neil R. Backus, 110 East Panama and 415 South Moss Road, Winter Springs,
Florida: Mayor Bush said, "Neil Backus, you are in favor of '203', but you do not wish
to address the Commission."
Mr. Steve Molnar, : representing the City of
Winter Springs Professional Firefighters, Mr. Molnar spoke on the Cody Study and
salaries.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 11 OF 24
.:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE
DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENT A nONS
100. Not Used.
REGULAR
REGULAR
301. Public Works Department - Stormwater Division
Requests The City Commission Review The Stormwater Utility Fee Adjustment
Request By Michael D. Jones Of 560 Dunmar Circle Pursuant To Section 19-166. Of
The City Code Of Ordinances.
Mr. Kip Lockcuff, Director, Public WorkslUtility Department spoke on this Agenda
Item.
Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary,
Florida: representing Mr. Mike Jones, Mr. Chase spoke for the Record about the lots
near Mr. Jones' property.
Discussion.
Tape 2/Side A
Further discussion.
Mr. Mike Jones, 560 Dunmar Circle, Winter Springs, Florida: answered questions from
his Attorney, Mr. Chase.
Attorney Debra S. Babb-Nutcher stated, "If I could refer to Section 19-166., the
Commission is only to be considering evidence that was provided when Mr. Jones was
initially requesting his Adjustment request; and I am referring to 19-166. (a) (4) and
therefore, this additional evidence is new evidence that has not been presented."
Much discussion.
"I MAKE A MOTION - WE TABLE THIS ITEM FOR TWO (2) WEEKS."
MOTION BY COMMISSIONER MILLER.
MOTION DIED FOR LACK OF A SECOND.
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER I 1,2006
PAGE 12 OF 24
Discussion.
"MY MOTION WOULD BE TO DIRECT STAFF TO BRING BACK TO US AT
THE NEXT CITY COMMISSION MEETING THIS COMPETENT
SUBSTANTIAL EVIDENCE THAT WILL ALLOW US TO REST WITH THE
DETERMINATION THAT STORMWATER FLOWS OFF OF MR. JONES'
PROPERTY, INTO THE CITY'S SYSTEM AND THEREFORE, WE SHOULD
CHARGE HIM OR WILL CHARGE HIM THE STORMWATER FEE THAT IS
APPROPRIATE FOR HIS EQlJIV AI,ENT RESIDENTIAL UNIT OR A FINDING
THAT IT DOES NOT FLOW OFF AND THEN WE WILL NOT CHARGE AS
APPROPRIATE BASED ON A USER FEE AS ANY OTHER USER FEE THAT
WE HAVE IN THE CITY." MOTION BY DEPUTY MAYOR BLAKE.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
ATTORNEY BABB-NUTCHER ADDED, "IF YOU ARE GOING TO BE GIVING
ADDITIONAL TIME FOR MORE INFORMATION TO BE GATHERED, THAT
WE GET SOME KIND OF COMMITMENT ON THE RECORD FROM MR.
JONES THAT WE ACTUALLY HAVE THE ABILITY TO COME ON TO THE
SITE TO MAKE THE INSPECTION."
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mayor Bush called a Recess at 8:55 p.m.
Mayor Bush called the Meeting back to Order at 9: 15 p. m.
REGULAR
300. Public Works Department
Requests The City Commission Validate The Staff Recommendation Finding
Tuscawilla Square To Be Built In Substantial Accordance With The Final
Engineering Plans And Authorize Reimbursement In The Amount Of $165,613.50
For Gary Hillery Drive Improvements.
"I MOVE WE APPROVE ITEM '300' ALLOWING REIMBURSEMENT OF THE
ONE HUNDRED SIXTY-FIVE THOUSAND, SIX HUNDRED THIRTEEN
DOLLARS AND FIFTY CENTS ($165,613.50)." MOTION BY COMMISSIONER
GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 13 OF 24
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
REGULAR
302. Finance Department
Requesting That The City Commission Authorize Staff To Delay Increasing The
Delinquent Fee For Utility Customers Until The Formal System-Wide Rate Study Is
Completed By The City's Consultant. It is Also Requested That City Commission
Delay A Decision On The Televox Notification Service Until The Delinquent Fee
Increase Can Be Readdressed.
Mayor Bush stated, "Asking for a delay here."
"I MOVE WE DELAY '302'." MOTION BY COMMISSIONER GILMORE.
MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER MILLER."
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Commissioner Gilmore stated, "I said, I move we delay '302', what I really meant was I
move we allow the delay as requested in '302'." Commissioner Krebs added, "That is
what I interpreted." With no objections, Mayor Bush then said, "I think everybody
understood that."
PUBLIC HEARINGS AGENDA (PART II)
PUBLIC HEARINGS
202. Office Of The City Attorney And Community Development Department
Requests That The City Commission Hold A Public Hearing To Adopt Ordinance
Number 2006-11, Amending Chapter 9 Of The City Code, As It Relates To The
Subdivision Process.
Attorney Babb-Nutcher read Ordinance 2006-11 by "Title" only.
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 14 OF 24
Tape 2/Side B
Mayor Bush opened the "Public Input" portion of the Agenda Item.
.
,.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION THAT WE APPROVE ITEM '202'." MOTION BY
COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS.
DISCUSSION. MAYOR BUSH NOTED, "FOR THE ADOPTION OF THIS
ORDINANCE..." COMMISSIONER MILLER ADDED, "...2006-11."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Manager McLemore returned to the Commission Chambers at 9:21 p.m.
PUBLIC HEARINGS
203. Community Development Department
Requests That The City Commission Approve The Heidish Lot Split, And Authorize
Its Recordation. [Resolution 2006-47].
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on
this Agenda Item.
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 15 OF 24
Regarding the Mayor's power to Veto Ordinances and the previously approved
Ordinance, Mayor Bush said, "I have no plans to Veto it."
"I MAKE A MOTION THAT WE APPROVE THE LOT SPLIT FOR
RESOLUTION 2006-47 - ALONG WITH THE RECOMMENDATIONS."
MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
McGINNIS." DISCUSSION. COMMISSIONER MILLER ADDED, "ALONG
WITH THE RECOMMENDATIONS." MAYOR BUSH NOTED, "TO APPROVE
WITH THE RECOMMENDATIONS AS STATED BY STAFF ON PAGE 3."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
305. Office Of The City Clerk
Requests That Mayor John F. Bush Or A Member Of The City Commission Make
An Appointment To Fill A Vacancy On The Code Enforcement Board.
Commissioner Krebs initially commented on this Agenda Item.
Discussion.
Commissioner Krebs stated, "I would like everyone to consider Ms. Laura-Leigh Wood
for this appointment."
Commissioner McGinnis commented, "When there is a vacancy, that the 1 st Alternate
would fill that slot." Commissioner Krebs added, "I brought that up, that Jim Pitts would
go into that position, yes, and then Alternate '2' moves to Alternate '1' - and I was
bringing her up for consideration in the position of Alternate '2'."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
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PAGE 16 0F 24
"I WILL MAKE THE MOTION THAT MR. PITTS MOVES UP TO FILL THE
VACANCY THAT LAURENT (PELLERIN) IS LEAVING AND MOVE
ALTERNATE '2' TO POSITION ALTERNATE '1' AND LAURA-LEIGH WOOD
TO POSITION ALTERNATE '2'." MOTION BY COMMISSIONER KREBS.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
REGULAR
304. Parks And Recreation Department
Presenting The City Commission With The Current Central Winds Park Master
Plan For Consideration And Approval.
Mayor Bush stated, "With the passing of '303', that kind of makes '304' - Staff has
obviously not had time to include the Dog Park, so I think, 'Motion to Table'."
"MOVE TO TABLE." MOTION BY COMMISSIONER GILMORE.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Commissioner Krebs said, "If we 'Motion to Table', as I understand it, it can still only
stay on the Table for two (2) - Meetings." Mayor Bush added, "It can come back from
the Table, then we can extend it."
REGULAR
306. Office Of The City Manager
Requesting The City Commission Consider Recommendations From The Pension
Board Of Trustees Regarding The City's Pension Plan.
Mr. Kevin Smith, Director, General Services Department addressed the City Commission
on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 17 OF 24
"MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: NAY
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
CONSENT AGENDA
CONSENT
400. Community Development Department - Urban Beautification Services
Division
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Services For Tuskawilla Road And The Oak Forest Wall And
Beautification District With Annan Landscape Company.
No discussion.
CONSENT
401. Community Development Department - Urban Beautification Services
Division
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Services For The State Road 434 Rights-Of-Way, Medians, And
Ponds.
There was no discussion on this Agenda Item.
CONSENT
402. Public Works Department
Requests The City Commission Validate The Staff Recommendation Finding The
Highlands Apartments To Be Built In Substantial Accordance With The Final
Engineering Plans And To Accept The Potable Water And Sanitary Sewer
Infrastructure For Ownership And Maintenance.
This Agenda Item was not discussed.
CITY OF WINTER SPRINGS, FLORIDA
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PAGE 18 OF 24
CONSENT
403. Information Services Department
Requests Authorization To Dispose Of Surplus Assets According To The Attached
Disposition Sheets.
No discussion.
CONSENT
404. Public Works Department - Capital Projects Coordinator
Requesting Approval To Accept Hazard Mitigation Grant Program Funds From
The Federal Emergency Management Agency (FEMA) Through The Florida
Department Of Community Affairs (DCA).
There was no discussion on this Agenda Item.
CONSENT
405. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Apply For A
Recreational Development Assistance Program Grant For Central Winds Park On
Behalf Of The City Of Winter Springs.
This Agenda Item was not discussed.
CONSENT
406. Parks And Recreation Department
Requests Authorization To Accept The Proposal From Miracle Recreation
Equipment Company To Purchase And Install A Large Replacement Playground
And Rubber Surfacing In The Back Of Central Winds Park.
No discussion.
CONSENT
407. Information Services Department
Requests Authorization To Municipal Code Corporation For LaserFiche
Maintenance And Support In The Amount Of $18,014.50.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
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PAGE 19 OF 24
CONSENT
408. Utility Department
Requesting Approval For The Construction Of A Support Structure For The New
Sludge Thickening Equipment At The West Wastewater Treatment Facility With
Unlimited Welding, Inc. At A Cost $24,527.00.
This Agenda Item was not discussed.
CONSENT
409. Community Development Department - Urban Beautification Services Arbor
Division
Requesting Approval For The Installation Of Canopy Trees Along Moss Road To
Mitigate Tree Removals At The Saratoga Condominiums Site.
Commissioner McGinnis spoke for the Record on the merits of what Metropolis Homes
is doing and suggested they be commended.
CONSENT
410. Office Of The City Clerk
Requesting Approval Of The August 23, 2006 Special City Commission Meeting
Minutes.
No discussion.
CONSENT
411. Office Of The City Clerk
Requesting Approval Of The August 28, 2006 Regular City Commission Meeting
Minutes.
There was no discussion on this Agenda Item.
"MOVE TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER
McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER I 1,2006
PAGE 20 OF 24
INFORMATIONAL AGENDA
INFORMATIONAL
500. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
There was no discussion on this Agenda Item.
INFORMATIONAL
501. Public Works Department
Advising The City Commission Of The Status Of Various Capital Improvement
Projects.
This Agenda Item was not discussed.
INFORMATIONAL
502. Office Of The City Clerk
Wishes To Inform The City Commission Of The Candidates That Have Qualified
For The November 7, 2006 City Of Winter Springs Municipal Election.
No discussion.
INFORMATIONAL
503. Information Services Department
Wishes To Inform The City Commission Of Upcoming Launch Of Our New Winter
Springs Website On September 15th, 2006.
There was no discussion on this Agenda Item.
"I MAKE A MOTION WE APPROVE THE INFORMATIONAL AGENDA."
MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 21 OF 24
REPORTS
REPORTS
600. Office Of The City Attorney - Anthony A. Garganese, Esquire
Attorney Babb-Nutcher stated, "No Report."
REPORTS
601. Office Of The City Manager - Ronald W. McLemore
No Report.
REPORTS
602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC
City Clerk Andrea Lorenzo-Luaces remarked, "The Workshop that you want to all have
on the 27th [of September, 2006] with the Board of Trustees, is that going to be a City
Commission Workshop or is that going to be Board of Trustees Workshop?" Mayor
Bush noted, "I think it is a City Commission Workshop with the Pension Board."
REPORTS
603. Commission Seat Three - Donald A. Gilmore
Commissioner Gilmore asked for an update on the median removal for State Road 434.
Mr. Brian Fields, City Engineer, Public Works Department addressed this issue.
Deputy Mayor Blake returned to the Commission Chambers at 9:37 p.m.
Commissioner Gilmore then asked about the paving of Winter Springs Boulevard. Mr.
Fields spoke on this issue.
Then, Commissioner Gilmore asked, "Is there any update on the Dyson sidewalks?" Mr.
Fields addressed this inquiry and stated, "Start construction 1 st of December.
Completion is probably a four to six (4-6) month project." Mayor Bush asked, "Could
we put that kind of information out on our Website and keep it updated?" Mayor Bush
added, "Not the Agenda Item..." Mr. Fields said, "... On the W ebsite. We can do that."
Discussion ensued on a house that burned down on Deer Run and could anything be done
to improve this situation.
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REGULAR MEETING - SEPTEMBER I I, 2006
PAGE 22 OF 24
REPORTS
604. Commission Seat Four - Sally McGinnis
Commissioner McGinnis mentioned, "When you are driving out of the Town Center,
onto [State Road] 434, from the interior of the Town Center, and you have to cross over
the - Trail, the crosswalk, the sidewalk - there is a stop sign, there are two (2) stop signs.
One is - because there is a pedestrian crosswalk. Then, just beyond that is another stop
sign. . ." Manager McLemore remarked, "... In front of Publix?"
Continuing, Commissioner McGinnis stated, "Yes, that is one of them - now, my concern
is that there is just two (2) stop signs and the uninitiated may not realize it is actually a
pedestrian crosswalk. I am saying, if we could consider a '''Pedestrian crosswalk' sign?"
Manager McLemore said, "We will check on it." Commissioner McGinnis added, "It
would explain why there are two (2) stop signs, side by side."
Secondly, Commissioner McGinnis mentioned a meeting she put together regarding the
Fairfax properties, and stated, "The City is going to be working with that group of people
to help them deal with some of the problems with the appearance and the condition of
that property."
Thirdly, Commissioner McGinnis mentioned an email from the former Mayor of St.
Cloud related to WiFi.
REPORTS
605. Commission Seat Five - Joanne M. Krebs
Commissioner Krebs spoke of a pet red-foot Tortoise placed on her property.
REPORTS
606. Office Of The Mayor - John F. Bush
No Report.
REPORTS
607. Commission Seat One - Robert S. Miller
Commissioner Miller commented on a group called the "Winter Springs Reform
Committee" and remarked, "I thought it would be interesting to put on the Record what
happened because now that the information is available, it turns out that there were
seventeen (17) people that contributed to this. Only four (4) of them lived in the City of
Winter Springs. The others lived as far away as Georgia.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11, 2006
PAGE 23 OF 24
They raised a total of eight thousand, one hundred dollars ($8,100.00) and only one (1) of
every four (4) dollars of that eight thousand [dollars] ($8,000.00) came from Winter
Springs. The rest of it came from outside of our City; came from as far away as Apopka
and south Florida.
They mailed out a total of 19,000 petitions, and they only got back two percent (2%). It
looks like something less than about 250 signed ballots, total. I just wanted to put that on
the Record because I think it is a very sad event when something like this was formed by
some of our residents here in Winter Springs, one of whom actually was here earlier this
evening and the intent was not an honorable intent; it was actually anti-American in my
OpInIOn.
It was one of those things that destroys people's faith in good government in the United
States, and if we become like some of the other third world countries around the world
because people continue to do this, I would not want to run for election in this City again
if I had to confront things like that and I think there is probably a lot of other people that
are going to reach the same conclusion; and that is very sad for democracy and our
democratic form of government, which really is at the local level, where it is at the most
viable and the most vibrant, and people - come in at the bottom and they move into State
Government, County government and into the National level. America is going to be a
much poorer country for things like this if they continue."
REPORTS
608. Commission Seat Two/Deputy Mayor - Michael S. Blake
No Report.
.:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED
NEXT, AS DOCUMENTED. .:..:.
REPORTS
REPORTS
606. Office Of The Mayor - John F. Bush
Mayor Bush stated, "I appreciate Captain (Glenn) Tolleson, (Police Department)
following up on that retention pond there at Moss [Road] and [State Road] 434."
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 24 OF 24
ADJOURNMENT
Mayor Bush adjourned the Regular Meeting at 9:51 p.m.
RESPECTFULLY SUBMITTED:
DAN/ELLE HARKER, ASSISTANT TO THE CITY CLERK AND
ANDREA LORENZO-LUACES, CMC
CITY CLERK
APPROVED:
JOHN F. BUSH
MAYOR
NOTE: These Minutes were approved at the
, 2006 Regular City Commission Meeting.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING
SEPTEMBER 11, 2006
CALL TO ORDER
The Regular Meeting of Monday, September 11, 2006 of the City Commission was
called to Order by Mayor John F. Bush at 6:38 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, arrived at 7:10 p.m.
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, absent
Attorney Debra S. Babb-Nutcher, present
A moment of silence was followed by the Pledge of Allegiance.
PUBLIC HEARINGS AGENDA (PART I)
PUBLIC HEARINGS
200. Office Of The City Manager
Requesting That The City Commission Hold A Public Hearing Relative To The
Approval Of Resolution Number 2006-48, Which Establishes The Tentative
Operating Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs
At 4.2919 Mills Which Is 9.50% Above The Rolled-Back Rate Of 3.9195 Mills And
The Tentative Voted Debt Service Millage Rate For Fiscal Year 2006-2007 For The
City Of Winter Springs At .1100 Mills.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 2 OF 24
Ms. Michelle Greco, Director, Finance Department spoke briefly on this Agenda Item.
"I WOULD LIKE TO MAKE A MOTION THAT WE REDUCE THE MILLAGE
RATE FROM 4.6216 MILS TO 4.2919 MILS AND SET THE VOTED DEBT
FROM .1374 MILS, DOWN TO - REDUCE THAT DOWN TO .1100 MILS FOR
FISCAL YEAR 2007" [RESOLUTION 2006-48]. MOTION BY DEPUTY
MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
201. Office Of The City Manager
Requesting That The City Commission Hold A Public Hearing Relative To The
Approval Of Resolution Number 2006-49, Establishing The Tentative Budget For
Fiscal Year 2006-2007.
Ms. Greco addressed the City Commission on this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO APPROVE RESOLUTION NUMBER 2006-49 ESTABLISHING
THE TENTATIVE BUDGET FOR FISCAL YEAR 06-07." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11, 2006
PAGE 3 OF 24
.:..:. AGENDA NOTE: THE FOLLOWING NEW "ADD-ON" (NOT NOTED
ON THE AGENDA) WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:.
REGULAR AGENDA
REGULAR
Office Of The City Manager
ADD-ON
Discussion On The Town Center.
City Manager Ronald W. McLemore said, "Commissioners, we hate to pull a situation
with you where we have to do an Add-On when we didn't even have time to write up
anything, but we've been involved in a situation with our Developer of the Town Center,
James Doran, this afternoon that went up to probably about an hour ago. Due to its
potential financial impact on the Developer, and it being a matter of urgency, we're
asking to bring this to you tonight for consideration."
Manager McLemore continued, "The issue involves a couple of design issues on
Building 4 in your Town Center, which is ready, or getting ready now, for construction.
This project needs to move ahead to stay in step with its financing. The issues involved
deal with principally two (2) things; one is the corridor between the two (2) buildings,
Building 3 and Building 4; and then the issue of the construction of the columns on the
front of Building 4. This is the issue in a capsule form.
Back in 2005, prior to September, in review of preliminary plans, the Commission
designated a requirement for separation of these two (2) buildings at twenty feet and one
inch (20' 1 "). In subsequent approvals, the Commission in September 2005, agreed to a
set of building plans or Concept Plans - Aesthetic approval of the building plans and in
that plan there was some encroachments into that pass-through between two (2)
buildings. It involved an enclosure for a stairwell and a small part of the building in the
rear. Those particular plans when they were reviewed did not provide detailed
measurements on the width of the corridor or the passageway. They were approved by
the City Commission and approximately four (4) or five (5) days later, we received Final
Engineering Plans which did in fact represent that the passageway was twenty feet (20').
wide."
Manager McLemore continued, "So we have a conflict between your original
requirement, the building that was approved in Aesthetic Review, and then the Final
Engineering.
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So, we worked all this afternoon to come up with a solution, one which I think is viable
and it works for all parties. And it basically includes a couple of minor enhancements to
Building 4 which includes putting back in that plan a doorway on the interior side of the
building which would actually face the passageway. And - not replacing, but putting
back into the plan, in the rear of the building, a window area to increase the amount of
display area into the passageway or pass through."
Manager McLemore added, "Additionally, there was a couple of minor landscape issues
and also in agreement between us and the Developer that as you know, we expanded the
sidewalks in the first phase from the Buildings 1 and 2 and our intent is to carry that
expansion of those sidewalks down the street. The Developer wants us to acknowledge
that he is willing to do that as long as we provide him the loss spaces credit in his future
parking requirements.
There are probably eight (8) parking spaces that would be lost based on just a quick look.
Doesn't have a huge impact and is certainly subject to further negotiations of where those
might be placed. But the main thing here is we need to move ahead. And there's nothing
in this that creates any substantial harm to the Town Center. Some of the things we did
this afternoon probably enhances the passageway a little bit. But, because the Final
Engineering was approved by the Commission showing the twenty feet (20') of width,
you would have to Approve or Amend that change as we've set out to you tonight. Any
questions?"
Discussion.
Manager McLemore said, "Now I believe, Shane (Doran, James Doran Company), if
you'll substantiate this, I believe your building is sold out, isn't it? It's ready to go."
Mr. Shane J Doran, Senior Vice President, James Doran Company, 216 Seven Farms
Drive, Suite 200, Charleston, South Carolina: said, "Yes it is."
Manager McLemore asked, "Briefly, it's how many condominiums units and then how
many square units?" Mr. Doran said, "Forty-one (41)." Manager McLemore said,
"Forty-one (41) units and the retail of...
Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200,
Charleston, South Carolina: responded,".. . Roughly 7,000, just under - 6,800."
Manager McLemore said, "These workovers are the ideal kind of Town Center New
Urbanism type of building and really it's going to be a real asset to the Town Center.
And, as I said, the minimum changes in the passageway really don't do a lot of harm and
so I would highly suggest we move ahead with this and let them start building. I think
they're ready tomorrow."
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CITY COMMISSION
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PAGE 5 OF 24
Mr. Tullos stated, "What that doesn't reflect is that is just a building footprint plan from a
civil drawing. The architectural shows you the stairwell that's enclosed, it actually
bumps in there. It also shows the screen wall that we're providing to hide some electrical
equipment."
Commissioner Donald A. Gilmore asked, "Is there an elevator in here also?" Mr. Tullos
said, "There is, but that's in the central lobby, not affected."
Continuing, Mr. Tullos said, "That's the end of the building that is in question between 3
and 4. That is the end of Building 4, the south end. And that's the drawing the elevation
that was in the approval package back in [20]'05." Manager McLemore inquired, "And
this is the enclosed stairwell?" Mr. Tullos said, "That's correct." Mr. Tullos added, "At
the back of the building, it's eighteen (18) and where the stairwell is, it's sixteen and a
half (16 ~)."
Manager McLemore said, "Actually, I really think the little enhancements we made in
here, is really going to make it a nice place."
Discussion.
Regarding the window, Mr. Tullos said, "That was just a window unit and no longer a
door. We're going to put the door back in there. This is Tuscawilla [Road] that's
running out here. This back has a door, but it has a Hardie Panel around it, so it was a
solid door. We're just going to go full glass storefront there, in that section and remove
the door. You still have to move the door to the back of the house, you've got to have a
rear entry, you know, for deliveries, etc - but it creates a nice display window as your
coming through the passage area."
Manager McLemore said, "That last piece, you said we have to put a door in the rear?"
Mr. Tullos said, "You've got to have a rear access there, to get in that space." Mr. Doran
said, "For Code, I think." Mr. Tullos said, "So we'll just have to move it to the back
which is where the parking lot is." Manager McLemore said, "Well, we did a solid door
on the other buildings." Mr. Tullos said, "We'll do a solid louvered door. We're just
moving the door that's there, to there."
Deputy Mayor Michael S. Blake asked, "And what does this represent?" Mr. Tullos said,
"What we're looking at doing, is coming off of the wall here, on either side with a section
of powder coat aluminum black wrought-iron looking fence anchored by a brick podium
that would house probably a nice pot on top, planter; and what it does is create the back
side. "
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
REGULAR MEETING - SEPTEMBER I I, 2006
PAGE 6 OF 24
Furthermore, Mr. Tullos remarked, "If you looked at this as a square - we were looking
for a way to kind of delineate kind of the back ninety degree angles, creating that full
square." Deputy Mayor Blake said, "So we're actually making this even smaller than the
sixteen and a half feet (16' W') by putting in this fixture and this fixture." Mr. Tullos
noted "If it were clear, you'd see that we don't make it smaller, we'll stop it right at the
edge of the current protrusion into the twenty point one (20.1). It won't come beyond
that. You'll still have the sixteen and a half (16 1/2)."
Deputy Mayor Blake asked, "Is there any connectivity between this Building 4 and
Building 3 over here?" Mr. Tullos said, "There's not." Deputy Mayor Blake said,
"There's not going to be an archway or anything like that?" Mr. Tullos said, "No."
Commissioner Joanne M. Krebs asked, "Do you want one?" Mr. Tullos said, "Not really,
no. The distance is too far to span, you start getting into all kinds of structural issues."
"I MOVE THAT WE ACCEPT THE DESIGN MODIFICATIONS PRESENTED
TONIGHT FOR BUILDING 4." MOTION MADE BY COMMISSIONER
McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
MANAGER McLEMORE SAID, "I JUST WANT TO MAKE SURE IN THE
RECORD, THIS IS GOING TO BE A SOLID DOOR MARKED 'FOR
EMPLOYEES ONL Y' OR 'FOR STORAGE ONL Y', SOMETHING LIKE
THAT." MR. TULLOS SAID, "IT'LL BE SIMILAR TO THE REAR OF
BUILDING 2."
MAYOR BUSH SAID, "AND THE MOTION - THE MANAGER ELIMINATED
THE WIDENING OF THE SIDEWALK AND THE PARKING SPACES THAT
WOULD BE REMOVED, WOULD BE CREDITED TO THEM FOR FUTURE..."
COMMISSIONER McGINNIS SAID, "...WHICH I BELIEVE WAS EIGHT (8)."
MAYOR BUSH SAID, "WELL, THEY DON'T KNOW. THEY SAID
APPROXIMATELY EIGHT (8). SO THE MOTION WILL INCLUDE THOSE."
DEPUTY MAYOR BLAKE SAID, "TALKING ABOUT THE PARKING, I
UNDERSTOOD AND BOUGHT INTO THE ARGUMENT UP CLOSER TO
[STATE ROAD] 434, WHY IT WAS IMPORT ANT TO GIVE UP A FEW SPACES
IN ORDER TO HAVE P ARALLEL PARKING AND A WIDER SIDEWALK.
WHAT ARE THE EXPECTED RETAIL USES IN THESE THREE (3) SLOTS?"
MR. TULLOS SAID, "HARD TO SAY AT THIS POINT, COMMISSIONER.
THOSE ARE RETAIL CONDOMINIUMS. IT'S VERY LIKELY THAT YOU'LL
SEE A MIXTURE OF RETAIL AND MAYBE QUASI-OFFICE."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER I 1,2006
PAGE 7 OF 24
MR. DORAN SAID, "THE RESIDENTIAL ONES ARE SOLD. WE HAVE TWO
(2) OF THE RETAIL CONDOS RESERVED. I THINK ONE'S BY A TITLE
COMP ANY. THE OTHER TWO (2) ARE NOT SOLD. IT'S THE
RESIDENTIAL ONES THAT ARE."
DEPUTY MAYOR BLAKE SAID, "AND SO, BASICALLY THOUGH -
SLIGHTLY DIFFERENT TYPE OF USE THEN WHAT YOU MIGHT EXPECT
ACROSS THE STREET OR UP CLOSER TO [STATE ROAD] 434 IN TERMS OF
RESTAURANT TRAFFIC OR, THESE ARE BACK OFF JUST A LITTLE BIT,
THIS IS BUILDING 4, IT'S THE FOURTH BUILDING OFF OF [STATE ROAD]
434. I AM WONDERING, JUST HOW IMPORT ANT IT REALLY IS TO
CONTINUE WITH AN EXTRA WIDE SIDEWALK HERE VERSUS GIVING UP
THE ANGLED-IN PARKING. I THINK I WOULD LIKE TO SEE THE
ANGLED-IN PARKING."
MANAGER McLEMORE SAID, "IT'S REALLY ESSENTIAL THAT WE WIDEN
THE SIDEWALK. EVEN IF YOU WERE OUT FRIDAY NIGHT, YOU COULD
SEE PEOPLE JUST ALL OVER THE SIDEWALKS." DEPUTY MAYOR
BLAKE SAID, "NOT HERE?" MANAGER McLEMORE REMARKED, "I
KNOW, BUT IT IS GOING TO BE I HOPE, THE SAME SITUATION FOR THIS
NEXT BLOCK. NOW ONCE WE GET BEYOND THAT NEXT BLOCK, IT IS
NOT AN ISSUE. BUT IT'S REALLY IMPORTANT ON MAIN STREET, AND
I'M TALKING ABOUT MAIN STREET, TO HAVE VERY WIDE SIDEWALKS,
BECAUSE REMEMBER, IT'S A PLACE. THE WHOLE THING IS TO MAKE
IT A PLACE."
MANAGER McLEMORE SAID, "THESE COLUMNS HERE, YOU HAVE SIX (6)
AND EIGHT FEET (8') OF SPACE BETWEEN THE EDGE OF THAT COLUMN
TO THE BACK OF THE EXISTING CURB." DEPUTY MAYOR SAID,
"CURRENTLY WITH THE P ARALLEL PARKING?" MANAGER McLEMORE
SAID, "RIGHT. BUT WHEN WE EXPAND IT OUT, YOU'LL HAVE
FOURTEEN FEET (14'), I BELIEVE IT IS; AND YOU'LL HAVE ROOM FOR
TABLES AND HOPEFULLY THE KIND OF CROWDS AND EVENTS THAT
WE REALL Y WANT."
FURTHER DISCUSSION.
"I WOULD LIKE TO AMEND THE MOTION TO REMOVE THE PARKING
COMMENTS AND RETAIN THE ANGLED-IN PARKING." MOTION MADE
BY DEPUTY MAYOR BLAKE.
MOTION DIED FOR LACK OF A SECOND.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER II, 2006
PAGE 8 OF 24
MAYOR BUSH SAID, "YOU WERE PREPARED TO DO THE ANGLE
PARKING?" MR. DORAN SAID, "I AM VERY HAPPY WITH THE ANGLE
PARKING - IN THE SPIRIT OF COOPERATION, TO GET THINGS MOVING, I
WAS GOING TO ALLOW IT TO BE PARALLEL BUT TO GET CREDIT - I
DON'T THINK IT WOULD BE FAIR THAT I NOT GET CREDIT FOR THE
LOSS. "
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTYMAYORBLAKE: NAY
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING 'PUBLIC INPUT' AND REGULAR
AGENDA ITEM '303' WERE DISCUSSED NEXT, IN THE ORDER
DOCUMENTED. .:. .:.
PUBLIC INPUT
Ms. Lois Smith, 803 Tomlinson Terrace, Lake Mary, Florida: Mayor Bush stated, "Lois
Smith is in favor of retaining the Dog Park in Central Winds, but does not wish to address
the Commission."
Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked Manager
McLemore for his assistance; spoke on the past six (6) months and recent actions of the
City Commission; and recommended keeping the Dog Park at Central Winds Park.
Commissioner Robert S. Miller arrived at 7: 1 0 p. m.
Mr. Gregory Ferraro, 307 Cello Circle, Winter Springs, Florida: as the Vice President
of "Friends of Leash Optional Parks", Mr. Ferraro spoke on merits of Central Winds Park
as the location for this Dog Park.
Ms. Loretta A. Ames, 150 Third Street, Winter Springs, Florida: Mayor Bush stated,
"Loretta Ames is also in favor, but does not wish to address the Commission."
Ms. Diane Ferraro, 307 Cello Circle, Winter Springs, Florida: Mayor Bush stated,
"Diane Ferraro. You agree with her husband, and with Mr. Rucci."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 9 OF 24
Ms. Sarah Spragip, 774 Seneca Meadows Road, Winter Springs, Florida: commented on
merits of dogs; asked if any of the City Commission were dog owners; and noted that she
was in favor of Central Winds Park for the Dog Park location.
Ms. Anna D. Filsinger, 442 Club Drive, Winter Springs, Florida: Mayor Bush stated,
"Anna Filsinger is in favor, but does not wish to address the Commission."
[Commissioner Sally McGinnis noted, "Her son dropped that off."]
Mr. James A. Toredo, 442 Club Drive, Winter Springs, Florida: Mayor Bush stated,
"James Toredo is in favor and does not wish to address the Commission."
Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: Mayor Bush stated,
"Central Winds Park as well."
Mr. William P. Jones, 501 Erica Way, Winter Springs, Florida: Mayor Bush stated,
"William P. Jones - does not wish to address the Commission - is opposed to the Shepard
Road location, is his opposition."
Ms. Holly Heath, 501 Erica Way, Winter Springs, Florida: Mayor Bush stated,
"Opposed to the Shepard Road location as well and does not wish to address the
Commission. "
Mr. William Payne, 510 Bentley Street, Oviedo, Florida: noted he was in favor. Mayor
Bush remarked, "You are in favor of it at Central Winds [Park] as well." Mr. Payne
stated, "Yes."
REGULAR
REGULAR
303. Parks And Recreation Department
Requesting City Commission Direction Regarding Potential Sites, To Proceed With
Further Evaluation For A Future Permanent Dog Park Location.
Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City
Commission on potential related problems with Lake Jesup and the Dog Park location.
Discussion.
Tape 1/Side B
Commissioner Krebs asked, "If the Dog Park was moved up closer to [State Road] 434,
would it be less of an impact?" Mr. Fields said, "That would help. You could also look
at doing a retention area around it. There's even - we did some research to point out to
Chuck (Pula, Director, Parks and Recreation Department), one area in New York did
almost a dog septic system to address this particular problem."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 10 OF 24
Much discussion.
"I WILL MOVE THAT WE ASK STAFF TO WORK OUT THE NECESSARY
PLANS TO PROVIDE FOR A PERMANENT DOG PARK LOCATED IN
CENTRAL WINDS PARK." MOTION BY COMMISSIONER McGINNIS.
COMMISSIONER McGINNIS ADDED, "NINETY (90) DAYS TO COME BACK
WITH A PLAN." SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: NAY
COMMISSIONER MILLER: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL "PUBLIC INPUT"
WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:.
PUBLIC INPUT
Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of the
upcoming Election, and suggested an educational class be held by the City Commission
for Campaign candidates.
Mr. Christopher Cannizzaro, 209 Hazelwood Court, Winter Springs, Florida: Mayor
Bush stated, "He was in favor. He didn't wish to address the Commission. I assume he
was in favor of the decision as well."
Dr. Neil R. Backus, 110 East Panama and 415 South Moss Road, Winter Springs,
Florida: Mayor Bush said, "Neil Backus, you are in favor of '203', but you do not wish
to address the Commission."
Mr. Steve Molnar, : representing the City of
Winter Springs Professional Firefighters, Mr. Molnar spoke on the Cody Study and
salaries.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 1 1,2006
PAGE 11 OF 24
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE
DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENT A nONS
100. Not Used.
REGULAR
REGULAR
301. Public Works Department - Stormwater Division
Requests The City Commission Review The Stormwater Utility Fee Adjustment
Request By Michael D. Jones Of 560 Dunmar Circle Pursuant To Section 19-166. Of
The City Code Of Ordinances.
Mr. Kip Lockcuff, Director, Public Works/Utility Department spoke on this Agenda
Item.
Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary,
Florida: representing Mr. Mike Jones, Mr. Chase spoke for the Record about the lots
near Mr. Jones' property.
Discussion.
Tape 2/Side A
Further discussion.
Mr. Mike Jones, 560 Dunmar Circle, Winter Springs, Florida: answered questions from
his Attorney, Mr. Chase.
Attorney Debra S. Babb-Nutcher stated, "If I could refer to Section 19-166., the
Commission is only to be considering evidence that was provided when Mr. Jones was
initially requesting his Adjustment request; and I am referring to 19-166. (a) (4) and
therefore, this additional evidence is new evidence that has not been presented."
Much discussion.
"I MAKE A MOTION - WE TABLE THIS ITEM FOR TWO (2) WEEKS."
MOTION BY COMMISSIONER MILLER.
MOTION DIED FOR LACK OF A SECOND.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11, 2006
PAGE 12 OF 24
Discussion.
"MY MOTION WOULD BE TO DIRECT STAFF TO BRING BACK TO US AT
THE NEXT CITY COMMISSION MEETING THIS COMPETENT
SUBSTANTIAL EVIDENCE THAT WILL ALLOW US TO REST WITH THE
DETERMINATION THAT STORMWATER FLOWS OFF OF MR. JONES'
PROPERTY, INTO THE CITY'S SYSTEM AND THEREFORE, WE SHOULD
CHARGE HIM OR WILL CHARGE HIM THE STORMWATER FEE THAT IS
APPROPRIATE FOR HIS EQUIVALENT RESIDENTIAL UNIT OR A FINDING
THAT IT DOES NOT FLOW OFF AND THEN WE WILL NOT CHARGE AS
APPROPRIATE BASED ON A USER FEE AS ANY OTHER USER FEE THAT
WE HAVE IN THE CITY." MOTION BY DEPUTY MAYOR BLAKE.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
ATTORNEY BABB-NUTCHER ADDED, "IF YOU ARE GOING TO BE GIVING
ADDITIONAL TIME FOR MORE INFORMATION TO BE GATHERED, THAT
WE GET SOME KIND OF COMMITMENT ON THE RECORD FROM MR.
JONES THAT WE ACTUALLY HAVE THE ABILITY TO COME ON TO THE
SITE TO MAKE THE INSPECTION."
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mayor Bush called a Recess at 8:55 p.m.
Mayor Bush called the Meeting back to Order at 9:15 p.m.
REGULAR
300. Public Works Department
Requests The City Commission Validate The Staff Recommendation Finding
Tuscawilla Square To Be Built In Substantial Accordance With The Final
Engineering Plans And Authorize Reimbursement In The Amount Of $165,613.50
For Gary Hillery Drive Improvements.
"I MOVE WE APPROVE ITEM '300' ALLOWING REIMBURSEMENT OF THE
ONE HUNDRED SIXTY-FIVE THOUSAND, SIX HUNDRED THIRTEEN
DOLLARS AND FIFTY CENTS ($165,613.50)." MOTION BY COMMISSIONER
GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER I I, 2006
PAGE 13 OF 24
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
REGULAR
302. Finance Department
Requesting That The City Commission Authorize Staff To Delay Increasing The
Delinquent Fee For Utility Customers Until The Formal System-Wide Rate Study Is
Completed By The City's Consultant. It is Also Requested That City Commission
Delay A Decision On The Televox Notification Service Until The Delinquent Fee
Increase Can Be Readdressed.
Mayor Bush stated, "Asking for a delay here."
"I MOVE WE DELAY '302'." MOTION BY COMMISSIONER GILMORE.
MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER MILLER."
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Commissioner Gilmore stated, "1 said, 1 move we delay '302', what 1 really meant was 1
move we allow the delay as requested in '302'." Commissioner Krebs added, "That is
what 1 interpreted." With no objections, Mayor Bush then said, "1 think everybody
understood that."
PUBLIC HEARINGS AGENDA (PART II)
PUBLIC HEARINGS
202. Office Of The City Attorney And Community Development Department
Requests That The City Commission Hold A Public Hearing To Adopt Ordinance
Number 2006-11, Amending Chapter 9 Of The City Code, As It Relates To The
Subdivision Process.
Attorney Babb-Nutcher read Ordinance 2006-11 by "Title" only.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 14 OF 24
Tape 2/Side B
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION THAT WE APPROVE ITEM '202'." MOTION BY
COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS.
DISCUSSION. MAYOR BUSH NOTED, "FOR THE ADOPTION OF THIS
ORDINANCE..." COMMISSIONER MILLER ADDED, "...2006-11."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Manager McLemore returned to the Commission Chambers at 9:21 p. m.
PUBLIC HEARINGS
203. Community Development Department
Requests That The City Commission Approve The Heidish Lot Split, And Authorize
Its Recordation. [Resolution 2006-47].
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on
this Agenda Item.
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER I I, 2006
PAGE 15 OF 24
Regarding the Mayor's power to Veto Ordinances and the previously approved
Ordinance, Mayor Bush said, "I have no plans to Veto it."
"I MAKE A MOTION THAT WE APPROVE THE LOT SPLIT FOR
RESOLUTION 2006-47 - ALONG WITH THE RECOMMENDATIONS."
MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
McGINNIS." DISCUSSION. COMMISSIONER MILLER ADDED, "ALONG
WITH THE RECOMMENDATIONS." MAYOR BUSH NOTED, "TO APPROVE
WITH THE RECOMMENDATIONS AS STATED BY STAFF ON PAGE 3."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
305. Office Of The City Clerk
Requests That Mayor John F. Bush Or A Member Of The City Commission Make
An Appointment To Fill A Vacancy On The Code Enforcement Board.
Commissioner Krebs initially commented on this Agenda Item.
Discussion.
Commissioner Krebs stated, "I would like everyone to consider Ms. Laura-Leigh Wood
for this appointment."
Commissioner McGinnis commented, "When there is a vacancy, that the 1st Alternate
would fill that slot." Commissioner Krebs added, "I brought that up, that Jim Pitts would
go into that position, yes, and then Alternate '2' moves to Alternate '1' - and I was
bringing her up for consideration in the position of Alternate '2'."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 16 OF 24
"I WILL MAKE THE MOTION THAT MR. PITTS MOVES UP TO FILL THE
V ACANCY THAT LAURENT (PELLERIN) IS LEAVING AND MOVE
ALTERNATE '2' TO POSITION ALTERNATE '1' AND LAURA-LEIGH WOOD
TO POSITION ALTERNATE '2'." MOTION BY COMMISSIONER KREBS.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
REGULAR
304. Parks And Recreation Department
Presenting The City Commission With The Current Central Winds Park Master
Plan For Consideration And Approval.
Mayor Bush stated, "With the passing of '303', that kind of makes '304' - Staff has
obviously not had time to include the Dog Park, so I think, 'Motion to Table'."
"MOVE TO TABLE." MOTION BY COMMISSIONER GILMORE.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Commissioner Krebs said, "If we 'Motion to Table', as I understand it, it can still only
stay on the Table for two (2) - Meetings." Mayor Bush added, "It can come back from
the Table, then we can extend it."
REGULAR
306. Office Of The City Manager
Requesting The City Commission Consider Recommendations From The Pension
Board Of Trustees Regarding The City's Pension Plan.
Mr. Kevin Smith, Director, General Services Department addressed the City Commission
on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 17 0F 24
"MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: NAY
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
CONSENT AGENDA
CONSENT
400. Community Development Department - Urban Beautification Services
Division
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Services For Tuskawilla Road And The Oak Forest Wall And
Beautification District With Annan Landscape Company.
No discussion.
CONSENT
401. Community Development Department - Urban Beautification Services
Division
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Services For The State Road 434 Rights-Of-Way, Medians, And
Ponds.
There was no discussion on this Agenda Item.
CONSENT
402. Public Works Department
Requests The City Commission Validate The Staff Recommendation Finding The
Highlands Apartments To Be Built In Substantial Accordance With The Final
Engineering Plans And To Accept The Potable Water And Sanitary Sewer
Infrastructure For Ownership And Maintenance.
This Agenda Item was not discussed.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 18 OF 24
CONSENT
403. Information Services Department
Requests Authorization To Dispose Of Surplus Assets According To The Attached
Disposition Sheets.
No discussion.
CONSENT
404. Public Works Department - Capital Projects Coordinator
Requesting Approval To Accept Hazard Mitigation Grant Program Funds From
The Federal Emergency Management Agency (FEMA) Through The Florida
Department Of Community Affairs (DCA).
There was no discussion on this Agenda Item.
CONSENT
405. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Apply For A
Recreational Development Assistance Program Grant For Central Winds Park On
Behalf Of The City Of Winter Springs.
This Agenda Item was not discussed.
CONSENT
406. Parks And Recreation Department
Requests Authorization To Accept The Proposal From Miracle Recreation
Equipment Company To Purchase And Install A Large Replacement Playground
And Rubber Surfacing In The Back Of Central Winds Park.
No discussion.
CONSENT
407. Information Services Department
Requests Authorization To Municipal Code Corporation For LaserFiche
Maintenance And Support In The Amount Of $18,014.50.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11, 2006
PAGE 19 OF 24
CONSENT
408. Utility Department
Requesting Approval For The Construction Of A Support Structure For The New
Sludge Thickening Equipment At The West Wastewater Treatment Facility With
Unlimited Welding, Inc. At A Cost $24,527.00.
This Agenda Item was not discussed.
CONSENT
409. Community Development Department - Urban Beautification Services Arbor
Division
Requesting Approval For The Installation Of Canopy Trees Along Moss Road To
Mitigate Tree Removals At The Saratoga Condominiums Site.
Commissioner McGinnis spoke for the Record on the merits of what Metropolis Homes
is doing and suggested they be commended.
CONSENT
410. Office Of The City Clerk
Requesting Approval Of The August 23, 2006 Special City Commission Meeting
Minutes.
No discussion.
CONSENT
411. Office Of The City Clerk
Requesting Approval Of The August 28, 2006 Regular City Commission Meeting
Minutes.
There was no discussion on this Agenda Item.
"MOVE TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER
McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 20 OF 24
INFORMATIONAL AGENDA
INFORMATIONAL
500. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
There was no discussion on this Agenda Item.
INFORMATIONAL
501. Public Works Department
Advising The City Commission Of The Status Of Various Capital Improvement
Projects.
This Agenda Item was not discussed.
INFORMATIONAL
502. Office Of The City Clerk
Wishes To Inform The City Commission Of The Candidates That Have Qualified
For The November 7, 2006 City Of Winter Springs Municipal Election.
No discussion.
INFORMATIONAL
503. Information Services Department
Wishes To Inform The City Commission Of Upcoming Launch Of Our New Winter
Springs Website On September 15th, 2006.
There was no discussion on this Agenda Item.
"I MAKE A MOTION WE APPROVE THE INFORMATIONAL AGENDA."
MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 21 OF 24
REPORTS
REPORTS
600. Office Of The City Attorney - Anthony A. Garganese, Esquire
Attorney Babb-Nutcher stated, "No Report."
REPORTS
601. Office Of The City Manager - Ronald W. McLemore
No Report.
REPORTS
602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC
City Clerk Andrea Lorenzo-Luaces remarked, "The Workshop that you want to all have
on the 27th [of September, 2006] with the Board of Trustees, is that going to be a City
Commission Workshop or is that going to be Board of Trustees Workshop?" Mayor
Bush noted, "I think it is a City Commission Workshop with the Pension Board."
REPORTS
603. Commission Seat Three - Donald A. Gilmore
Commissioner Gilmore asked for an update on the median removal for State Road 434.
Mr. Brian Fields, City Engineer, Public Works Department addressed this issue.
Deputy Mayor Blake returned to the Commission Chambers at 9:37 p.m.
Commissioner Gilmore then asked about the paving of Winter Springs Boulevard. Mr.
Fields spoke on this issue.
Then, Commissioner Gilmore asked, "Is there any update on the Dyson sidewalks?" Mr.
Fields addressed this inquiry and stated, "Start construction 1 st of December.
Completion is probably a four to six (4-6) month project." Mayor Bush asked, "Could
we put that kind of information out on our Website and keep it updated?" Mayor Bush
added, "Not the Agenda Item..." Mr. Fields said, "...On the Website. We can do that."
Discussion ensued on a house that burned down on Deer Run and could anything be done
to improve this situation.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 22 OF 24
REPORTS
604. Commission Seat Four - Sally McGinnis
Commissioner McGinnis mentioned, "When you are driving out of the Town Center,
onto [State Road] 434, from the interior of the Town Center, and you have to cross over
the - Trail, the crosswalk, the sidewalk - there is a stop sign, there are two (2) stop signs.
One is - because there is a pedestrian crosswalk. Then, just beyond that is another stop
sign. . ." Manager McLemore remarked, "... In front of Publix?"
Continuing, Commissioner McGinnis stated, "Yes, that is one of them - now, my concern
is that there is just two (2) stop signs and the uninitiated may not realize it is actually a
pedestrian crosswalk. I am saying, if we could consider a "'Pedestrian crosswalk' sign?"
Manager McLemore said, "We will check on it." Commissioner McGinnis added, "It
would explain why there are two (2) stop signs, side by side."
Secondly, Commissioner McGinnis mentioned a meeting she put together regarding the
Fairfax properties, and stated, "The City is going to be working with that group of people
to help them deal with some of the problems with the appearance and the condition of
that property."
Thirdly, Commissioner McGinnis mentioned an email from the former Mayor of St.
Cloud related to WiFi.
REPORTS
605. Commission Seat Five - Joanne M. Krebs
Commissioner Krebs spoke of a pet red-foot Tortoise placed on her property.
REPORTS
606. Office Of The Mayor - John F. Bush
No Report.
REPORTS
607. Commission Seat One - Robert S. Miller
Commissioner Miller commented on a group called the "Winter Springs Reform
Committee" and remarked, "I thought it would be interesting to put on the Record what
happened because now that the information is available, it turns out that there were
seventeen (17) people that contributed to this. Only four (4) of them lived in the City of
Winter Springs. The others lived as far away as Georgia.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 23 OF 24
They raised a total of eight thousand, one hundred dollars ($8,100.00) and only one (1) of
every four (4) dollars of that eight thousand [dollars] ($8,000.00) came from Winter
Springs. The rest of it came from outside of our City; came from as far away as Apopka
and south Florida.
They mailed out a total of 19,000 petitions, and they only got back two percent (2%). It
looks like something less than about 250 signed ballots, total. I just wanted to put that on
the Record because I think it is a very sad event when something like this was formed by
some of our residents here in Winter Springs, one of whom actually was here earlier this
evening and the intent was not an honorable intent; it was actually anti-American in my
OpInIOn.
It was one of those things that destroys people's faith in good government in the United
States, and if we become like some of the other third world countries around the world
because people continue to do this, I would not want to run for election in this City again
if I had to confront things like that and I think there is probably a lot of other people that
are going to reach the same conclusion; and that is very sad for democracy and our
democratic form of government, which really is at the local level, where it is at the most
viable and the most vibrant, and people - come in at the bottom and they move into State
Government, County government and into the National level. America is going to be a
much poorer country for things like this if they continue."
REPORTS
608. Commission Seat Two/Deputy Mayor - Michael S. Blake
No Report.
.:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED
NEXT, AS DOCUMENTED. .:..:.
REPORTS
REPORTS
606. Office Of The Mayor - John F. Bush
Mayor Bush stated, "I appreciate Captain (Glenn) Tolleson, (Police Department)
following up on that retention pond there at Moss [Road] and [State Road] 434."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11,2006
PAGE 24 OF 24
ADJOURNMENT
Mayor Bush adjourned the Regular Meeting at 9:51 p.m.
RESPECTFULLY SUBMITTED:
DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND
APPROVED:'
,134
H
NOTE: These Minutes were approved at the September 25, 2006 Regular City Commission Meeting,