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Home My WebLink About2003 08 11 Consent H Unapproved Minutes from the July 28, 2003 City Commission Regular Meeting COMMISSION AGENDA ITEM H Consent X Informational Public Hearings Regular August 11. 2003 Regular Meeting Mgr. 1 Dept. Authorization CONSENT H. Office Of The City Clerk Approval Of The July 28, 2003 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 28, 2003 CALL TO. ORDER The Regular Meeting of Monday, July 28, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:41 p.m. Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was held in remembrance of Commissioner David W. McLeod's brother. The Pledge of Allegiance was then led by Mayor Bush. AWARDS AND PRESENTATIONS Mayor Bush announced that Commissioner Edward Martinez, Jr. "Has been certified as the National Vice President of the American Federation of Police." PUBLIC INPUT Mayor Bush stated that regarding "The three (3) minute rule - in talking with our Attorney, over a recent court case in - Cocoa, it is very important that we stick with the three (3) minutes, as prescribed by the Commission - so at two and one-half (2 112) Minutes, I will notify you that you are closing in on your three (3) minutes, and at three (3) minutes, I am going to ask you to stop." Mayor Bush added, "Legally, it is something that we just have to do." Additionally, Mayor Bush said, "If you are representing a Homeowner's Association, you get five (5) minutes - you just need to identify yourself as that and who you are representing." ~ ~ ~ ~ 9':3'="1 ~._~ <<,~---., .'-~:/ ~....lt:i::~ 6~ L'.:..:.:. -U:..2J ~~~a CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 2 OF 28 Mr. Thomas Noce, 1303 West State Road 434, Winter Springs, Florida: representing the . Winter Springs Soccer Club, Mr. Noce thanked the City Commission for their support and handed out caps/visors to the Mayor and City Commission. Mr. Noce then invited the Mayor and City Commission to their upcoming "Jamboree" scheduled for August 16, 2003, and asked them to notify him in advance, if they can attend. Mr. Mark Lambert, 410 MacGregor Road, Winter Springs, Florida: thanked Mayor Bush and several Commissioners for attending a recent Highlands Homeowner's Association meeting with approximately 250 attendees. Mr. Lammert then spoke of the proposed Affordable Housing Project; asked what was planned for the entrance to the City on the west side; suggested a plan for the redevelopment of the West side with similar zoning as in the Town Center District; suggested that any Special Use for Davis Properties should be revoked; and asked, "Has the City met its governmental quota for low income housing or affordable housing?" Mr. Lammert also suggested that more current information should be provided in the City's publication, "The Insider." With discussion, City Manager Ronald W. McLemore spoke of mandates and "Good public policy," and suggested that citizens should become "More knowledgeable and partner with the City" when possible. Mayor Bush spoke of a letter he had written to the Highlands Homeowner's Association and stated, "What I have asked for is that you put in writing the questions that you wanted answers to so that we can get you answers to those questions officially either through the Manager and/or Staff - also I did request that the [City] Clerk email to your Homeowner's office, as soon as it is available - the Agenda for the City Commission Meetings which probably will be Thursday mornings." Commissioner Michael S. Blake arrived at 6:41 p.m. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: representing the Highlands Homeowner's Association, Ms. Schwarz reported the outcome of their recent Homeowner's Association meeting, and spoke of the results from a survey on opinions about affordable housing, and the proposed Dollar General store. Ms. Schwarz asked, "What can be done to protect people at the Winter Springs Elementary School and the citizens in the Highlands and nearby areas from unwanted traffic in the school parking lot on Sheoah Boulevard, 1st Court, and Algiers Avenue? Is the City aware whether or not Davis Heritage will return in 2004 or beyond to propose a multi-family project of any variety? Now that the City Commission has permitted the conditional use of multi- family housing on the 'C-l' zoned parcel on which Cypress Pointe was to be built, will that parcel forever be allowed to have multi-family usage?" Mayor Bush stated, "Some of the things that you mentioned tonight - if you would go ahead and include those in your response, as well as any others." ~J ~ G=i;:~ ~6'l Q~ r:;::~..' ~ C[~~ f:-=. -" ;':":.::iJ ~ ....e:::JiI ~~ . .. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28. 2003 PAGE 3 OF 28 Commissioner Sally McGinnis said, "I did mention at that meeting that I had with our City Manager some weeks ago about several possibilities - to possibly include a visioning group - to bring in the community and talk about some of the issues of what we would like to see on [State Road] 434." In response to Ms. Schwarz' concerns; Mayor Bush stated, "We will get you answers to those, but I would rather officially write them to you - as soon as you get the list, we will get answers back as quickly as possible." With further questions from Ms. Schwarz, Mayor Bush stated, "Mr. [John] Baker [AICP, Senior Planner, Community Development Department] can talk to you later." Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: as a former member of the Central Winds Park Expansion Ad Hoc Advisory Committee, Ms. Davoli spoke in favor of the Agenda Item dealing with the proposed purchase of the Wincey property. Mr. Daniel Pokovny, 1270 Stone Street. Oviedo, Florida: inquired about the notice in relation to [State Road] 434 and DeLeon - and asked what was planned for this property? Mayor Bush suggested that Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department could assist Mr. Pokovny with any inquiries prior to the Agenda Item coming up later during this Meeting. Mr. Bill Manooch, 1515 South Greenleaf Court, Winter Springs, Florida: as the President of the Winter Springs Little League, he thanked the City Commission for the City's support and excellent facilities. Mr. Manooch also said that their "Membership voted to change the affiliation of our League from 'Little League International' to 'Babe Ruth.'" Mayor Bush said to Mr. Manooch, "Would you please give the [City] Clerk the names of the young men and women on theses teams, as well as the Coaches, so that the Commission can recognize them." Mr. Manooch stated, "Yes, I will." Mr. George C. Barcus, 50 Tarpon Circle, Winter Springs, Florida: also as a former member of the Central Winds Park Expansion Ad Hoc Advisory Committee, Mr. Barcus recommended the City Commission approve the acquisition of the Wincey property. Mr. Rod Owens, 1114 Pheasant Circle, Winter Springs, Florida: as another former member of the Central Winds Park Expansion Ad Hoc Advisory Committee, Mr. Owens also noted his preference that the City of Winter Springs purchase the Wincey property. ~ C2:::::::-::5l r::.....-Z~ 9'=i~, =. !Sj ~ " brl f:z-~ - ~::J ~J EZ> ~ ~ ~.dj ~:3 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28. 2003 PAGE 4 OF 28 CONSENT CONSENT 1. A. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Rights Of Way And Ponds. Discussion. CONSENT 2. B. Finance Department Requesting A Supplemental Appropriation Of $9,000.00 From The Utility Fund Fund Balance For Utility Billing Department Postage Expense. CONSENT 3. C. Office Of The City Manager Requesting Supplemental Appropriation Of $30,000.00 From General Fund Fund Balance For Unanticipated Labor Related Legal Expenses. CONSENT 4. D. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Futball Club, Inc., An Affiliate Of Central Florida United Soccer Club. CONSENT 5. E. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Soccer Club. CONSENT 6. F. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With FC America, Inc. ~. ~J ""----===a ~ .~~ r;':.=f'! ~ ~eJ ~~ ~ ~ G: 'J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28. 2003 PAGE 5 OF 28 CONSENT 7. G. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Basketball League. CONSENT 8. H. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs GrizZlies (Football). CONSENT 9. I. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Youth Sports Organization. CONSENT 10. J. Community Development Department Presents A Request By Tuskawilla Office Park, LLC, To Approve The Lighting Plan For Tuskawilla Office Park. With discussion on light spillage, Commissioner Blake stated, "I just want to make sure that we enact whatever protections are available to us." CONSENT 11. K. Office Of The City Clerk Approval Of The July 14, 2003 City Commission Regular Meeting Minutes. "MOTION TO APPROVE THE CONSENT AGENDA." COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. MOTION BY VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ~ ~ ~.~ ,Oil ....:...:.,.]. ~~ ~ ~ ~,q] ~.:=:-~7J li?-'"~I ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28.2003 PAGE 6 OF 28 INFORMATIONAL INFORMATIONAL 12. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL 13. B. Parks And Recreation Department Notifying The City Commission Of The Status Of The Florida Recreational Development Assistance Program Grant Regarding The Central Winds Park Expansion. Deputy Mayor Robert S. Miller stated, "I would just like to compliment the Staff on your continued excellence in putting these proposals together for Grant monies, because for us to consistently score in the top ten percent (10%) I think is really a credit to all of you, and Ijust want to compliment you," INFORMATIONAL 14. C. Public Works Department Informing Commission Of Action By The Public Works Department Regarding Issues Brought Before The Commission By Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida. INFORMATIONAL 15. D. Office Of The City Manager Advising The Commission Of Davis Properties Withdrawal Of The Cypress Pointe Affordable Housing Project Located On State Road 434. Mayor Bush stated, "Could we have a Motion?" "SO MOVED." MOTION. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ~ ~~ ~''E1 ~J1 ~:Y ~~ ~~ ~::..z- E!E~'-r:iJ ~ ~?3 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 7 OF 28 PUBLIC HEARINGS PUBLIC HEARINGS 16. A. Office Of The City Manager Requesting The City Commission To Approve The Second Reading Of Ordinance Number 2003-02, Which Repeals Ordinance Number 545 And Dissolves The Tuscawilla Country Club Village Streetlight Maintenance District ("District") Pursuant To Section 189.4042, Florida Statutes. The Proposed Ordinance Also Dissolves Resolution Number 720, And Discontinues The Levy, Collection And Enforcement Of Non-Ad Valorem Assessments By The District As Provided Under Section 197.3632, Florida Statutes. City Attorney Anthony A. Garganese read Ordinance 2003-02 by "Title" only and clarified that "The effective date will be December 31, 2004 - the next tax year." Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. - . The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2003-02, AND DISSOLVE ORDINANCE NUMBER 545 AND RESOLUTION NUMBER 720." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 17. B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-19 To Adopt A Small Scale FLUM (Future Land Use Map] Amendment By Changing The Future Land Use Map Designation From Seminole County "Low Density Residential" To Winter Springs "Town Center" For The Properties Located At 1204, 1206,1208, And 1210 Orange Avenue. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. ~~ ~ tr~ ~~~r;2) n\- ._,-,-;~ 1....-~....:1t.'...31f' '.c:-" 13~~J >;~ c/::::;, (.~-d.J r.;.?:';''-.~~ ~"\~~ ~~ rOO ~~~::8 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 8 OF 28 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only Ms. Sahlstrom introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE [ORDINANCE] 2003-19 TO A SECOND READING AT THE NEXT CITY COMMISSION MEETING." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 18. C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-20 To Change The Zoning Map From Seminole County "R-l" To Winter Springs "Town Center" For The Properties Located At 1204, 1206, 1208, And 1210 Orange Avenue. MOTION TO READ BY "TITLE" ONLY. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. ~ ~ ~-?J ~~ [3l=i,;;;;:::J. r-.7~~ b ~~ ~~ ~.:::;:::>J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 9 OF 28 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2003-20 by "Title" only and stated that this Ordinance "Will become effective upon Ordinance number 2003-19 becoming effective." Ms. Sahlstrom spoke briefly on this Agenda Item. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION TO ADOPT ORDINANCE 2003-20, AND MOVE IT TO A SECOND READING AT THE NEXT CITY COMMISSION MEETING." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Tape 1/Side B VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 19. D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-25, Rezoning Of Seven (7) Parcels Along State Road 434 From "R- I" To "c-l." Mayor Bush asked, "Could I have a Motion to read by 'Title' only?" ~ ~ ~ ~.~ r!'....~~ ~,.~~..-.,.". ~ ~ ~ G: == :J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28. 2003 PAGE 10 0F28 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Brief discussion ensued with Ms. Sahlstrom. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Martinez spoke of public comments and suggested that "We ought to consider Rezoning very seriously, especially when it is around or in the vicinity of residential areas. You have here behind the seven (7) parcels that you are listing here, a whole host of homes and I don't think that they coming here and saying that they were interested in the resale value of their properties is enough. I think we should have some record showing these people were in conformity with what we are doing, so in the event that you put the wrong kind of business there, backing into any of those residences - the entire neighborhood, we have something to fall back on." Commissioner Martinez added, "I think we ought to take into consideration those people who have been living there for many, many years." Discussion. "I MAKE A MOTION WE MOVE - [ORDINANCE] -2003-25 TO A SECOND READING AT THE NEXT REGULARLY SCHEDULED MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ~ ~.-;'il " ,,----'. ~ ~qJ [;=~ r~",..,n 2-:...28 p-~ /"' . ~---l.. . c~ ~ ~'3 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE II OF 28 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE. COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 20. E. Office Of The City Attorney On Remand From The Circuit Court Of Seminole County, Florida, The City Attorney Requests That The City Commission Adopt On Second And Final Reading Ordinance Number 2003-27 That Would Annex Approximately Ten (10) Acres Of The Carroll Property ("Carroll Property"). Attorney Garganese read the Ordinance by "Title" only. Discussion ensued on advertising and the annexation. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: spoke on behalf of the Black Hammock on this issue; the land use; and suggested a three (3) way Agreement with the City of Oviedo and Seminole County. . Manager McLemore spoke for record on previous efforts by the City relative to this annexation. The "Public Input" portion of this Agenda Item was closed. Discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'E,' ORDINANCE 2003-27." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ~ ~ ~ ~ ~..9 Co ~~ ~ 00 cr:;2jJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 12 OF 28 PUBLIC HEARINGS 21. F. Office Of The City Manager/Office Of The City Attorney Request' That The City Commission Consider First Reading Of Ordinance Number 2003-26 Amending Section 9-281. Of The Winter Springs Code To Extend The Compliance Date For Dumpster Screening To October 1,2004. MOTION TO READ BY 'TITLE' ONLY. MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner McGinnis left the dais. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: ABSENT FOR VOTE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2003-26 by "Title" only. Commissioner McGinnis returned to the dais. Deputy Mayor Miller spoke for record about the City Commission reconsidering this Ordinance. Furthermore, Deputy Mayor Miller spoke of some problem dumpsters and specifically said that areas "On Moss Road, are still a problem after repeated reassurances - that they are going to be moved around the back of the building where nobody can see them in the neighborhood - they are still out in front with no walls around them - everyone had fair warning that this was coming." Additionally, Deputy Mayor Miller added, "We need to tell these people that own these apartment houses to take care of the dumpsters, there is an Ordinance - if you need more time, take out a bank loan or maybe put garbage cans out there, instead of dumpsters." Commissioner Martinez spoke about Staff not completing the City Commission's directive and said, "To wait until this item comes up like it happened last time, when he was not here, to then say that Staff has not complied with the directive from this Commission that was in place a 10ng time ago, is not acceptable. And I want Commissioner Miller to know that - in looking at what she said and what she stated tonight, and what she stated before, I have suggested that this be extended only six (6) months, and they still say it is not enough time. There is no way that you can tell me that six (6) months is not enough time for people to handle something like this." cc~1 U=-:.-:c ,'.1 c..'O-:--- c- .-===:11 D'~ u=~ ~8i D:1'~L',mf1 R \:.iilJ u':';'~ c;,_.,.",~ E- ~.~ Go ,;.~~.:8 Ei~ ~-=~ . ,.' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 13 OF 28 Deputy Mayor Miller added, "This has been around a year. I expect you to do whatever you have to do - give us a proposal and take care of the problems on the west side and leave the ones on the rest of the City that maybe are not so critical until later - give them six (6) or eight (8) months. I would go along with that, but the ones on the west side of the City - that is what brought this up, that is what caused this Ordinance to be passed." Deputy Mayor Miller then noted a problem located "Down from Richard's Barber Shop, if you go down, there are three (3) or four (4) dumpsters right there in the middle of the street, there is garbage around them, .trash." Furthermore, Deputy Mayor Miller said, "I want this problem taken care of by 1 October - I want this issue addressed now - on this deadline. You do whatever you do, and on an exception basis, give them thirty (30) days, forty (40) days, whatever to come into compliance - but I think the time has come to get this resolved and finish it." Mayor Bush opened the "Public Input" portion of this Agenda Item. Ms. Eleanor Monroe, 314 Bridie Court, Winter Springs, Florida: stated that she was in agreement with Deputy Mayor Miller and said that something needs to be done to solve this problem. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake spoke of Staff problems and stated, "Staff did not do it, but we did not really give Staff the resources to get it done - I would like to see this taken care of as soon as possible, obviously just because we extend it for one (1) year, doesn't mean it should take 365 days from this date that we are extending it to, to complete the project. I would hope that Staff would work diligently in this direction to know that we are going to be watching very carefully to make sure that this is done correctly." Commissioner Blake added that he did not see any exceptions in the Ordinance. "I WOULD LIKE TO MAKE A MOTION WE MOVE ORDINANCE 2003-26 TO A SECOND READING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Tape 2/Side A MS. SALHLSTROM STATED, "I INTEND TO SEND OUT A LETTER AS SOON AS THE ORDINANCE HAS PASSED WITH THE NEW DEADLINE, SO THEY KNOW THE DEADLINE - AND THEN I INTEND TO FOLLOW UP - THE FIRST LETTER WILL BE A CERTIFIED LETTER. I DON'T KNOW UNLESS YOU GIVE ME DIRECTION THAT YOU WANT SUBSEQUENT LETTERS TO BE CERTIFIED, BUT I WOULD THINK IT WOULD BE A GOOD IDEA TO SEND A FOLLOW-UP LETTER IN THREE (3) OR FOUR (4) MONTHS TO REMIND THEM IF THEY HAVE NOT COME INTO COMPLIANCE, SO THAT THEY KNOW IT IS NOT JUST A ONE TIME ISSUE WITH THE CITY, THAT WE ARE SERIOUS ABOUT FOLLOWING UP WITH IT." ~ r:-~3il C:":~ ~"~ l'^'='-" ;~ ;r:",. .~..-c;'lt.t."'1 LT' ._~ .i'~\J tpL --tr/ c'~ .:2) E:",:~.~ Q \ ' !>-,--<il -...~ [i:;!i~j ct~J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28,2003 PAGE 14 OF 28 COMMISSIONER McLEOD STATED, "WE DO HAVE AN ORDINANCE FOR THEM TO FOLLOW AND WE DO NEED TO MAKE SURE THAT THAT IS DONE. HOWEVER, I THINK WE ALSO HAVE GOT TO BE FAIR AND REALISTIC TO THE PEOPLE AND IF WE HAVE FAILED TO GIVE PROPER NOTIFICATION, I THINK WE HAVE GOT TO MAKE SURE WE GIVE PROPER NOTIFICATION, SO THAT THEY ARE ABLE TO BUDGET FOR THIS AND MOVE FORWARD." MANAGER McLEMORE SPOKE OF SITE DEVELOPMENT AND CODE ENFORCEMENT ISSUES AND STATED, "THERE ARE GOING TO BE SOME CASES THAT ARE GOING TO BE VERY DIFFICULT TO WORK WITH, WHERE A DUMPSTER IS NOT THE RIGHT APPROACH - P ARTICULARL Y IN THE CASES WHERE YOU HAVE DIFFERENT PROPERTY OWNERS AND THEY DON'T HAVE MANDATORY ASSOCIATIONS, BINDING ASSOCIATIONS; AND IT IS GOING TO BE A DIFFICULT PROBLEM IN SOME OF THESE CASES, BUT WE WILL DO OUR BEST TO WORK WITH THEM TO TRY AND FIND THE RIGHT SOLUTION." COMMISSIONER MARTINEZ ADDED, "REGARDLESS OF REASONS WHY THlNGS AREN'T DONE, THIS COMMISSION IS SUPPOSED TO BE THE LAST WORD AND IF WE ISSUE A DIRECTIVE, IT SHOULD BE FOLLOWED UP ON." COMMISSIONER MARTINEZ ADDED, "I UNDERSTAND OVERLOAD - THERE HAS BEEN A TREMENDOUS WORKLOAD AND A CHANGE IN PERSONNEL IN THE DEPARTMENT IN QUESTION, BUT SOMEBODY SHOULD HAVE COME TO US, LONG BEFORE THIS ISSUE CAME FOR A VOTE - AND SAID TO US, WE NEED STAFF, WE LACK THE RESOURCES, WE NEED THE COMMISSION'S HELP TO TAKE CARE OF BUSINESS." "I WOULD LIKE TO AMEND THE MOTION TO EXTEND THE COMPLIANCE DATE TO MARCH 1, 2004." AMENDMENT TO THE MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. REGARDING THE LEGAL RAMIFICATIONS OF EXTENDING THIS ORDINANCE, ATTORNEY GARGANESE STATED, "THESE TYPES OF ORDINANCES, THOSE THAT WILL ACTUALLY GO BACK TO PEOPLE AND REQUIRE THEM TO CHANGE SOMETHING, LIKE IN THIS CASE THE DUMPSTERS - FROM A PRACTICAL STANDPOINT, IT REQUIRES A LITTLE MORE PROACTIVE APPROACH, WHERE YOU ACTUALLY GO OUT THERE AND NOTIFY THE PROPERTY OWNERS OF THEIR NEW OBLIGATION." s ~ ~~ l~ e=.'~ L>::3:E0 Q.,.~ cS;~ ~ Q' :J CITY OF WrNTER SPRrNGS MrNUTES CITY COMMISSION REGULAR MEETrNG - JULY 28, 2003 PAGE 15 OF 28 ATTORNEY GARGANESE ADDED, "I THINK TO GET PEOPLE TO COMPLY, THOSE EXISTING DUMPSTERS ARE GOING TO REQUIRE A PROACTIVE APPROACH AND NOTIFICATION FOLLOW-UP IN WORKING WITH THESE PROPERTY OWNERS. THE CONSEQUENCES OF NOT COMING INTO COMPLIANCE BY THE OCTOBER 1, 2003 DEADLINE TECHNICALLY IS A CODE VIOLATION, AND THE CITY CAN THEN HANDLE THAT, JUST LIKE WE HANDLE ANY OTHER CODE VIOLATIONS, WHEREBY YOU CAN PROVIDE WARNING NOTICES TO THESE FOLKS THAT THEY NEED TO COME INTO COMPLIANCE, BEFORE CITING - IF THE CITY WANTED TO DO THAT." COMMISSIONER BLAKE SUGGESTED, "WE NEED TO STEP UP AND MAKE SURE THAT WE HAVE DILIGENT CODE ENFORCEMENT FOR ANY VIOLATOR OUT THERE THAT IS CREATING A HEALTH, SAFETY WELFARE ISSUE AROUND THEIR DUMPSTER, AND THEN WE SHOULD WORK IN A - BUSINESS-LIKE MANNER TO WORK TOWARDS GETTING THOSE DUMPSTERS THAT ARE NOT BEHIND WALLS, TO HELP THEM GET BEHIND WALLS." FURTHERMORE, COMMISSIONER BLAKE THEN SAID THAT "YES, THERE IS PROPER NOTICE OUT THERE. ANY TIME WE MAKE A LAW, AN ORDINANCE, WE GO THROUGH THE PROPER PROCEDURES, THAT IS ALL THE NOTICE THAT IS REQUIRED BY LAW - BUT THAT IS NOT THE REALITY OF IT - IN REALITY, IT TAKES A LITTLE MORE THAN THAT TO GET THEM TO DO IT." VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY DEPUTYMAYORMILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. MANAGER McLEMORE STATED, "OUR CODE ENFORCEMENT PEOPLE ARE STILL VERY, VERY MUCH FULLY INVOLVED WITH JUST TRYING TO GET COMPLIANCE ON THE SIGN ISSUE." MAYOR BUSH SAID, "SOME OF THE COMMISSIONERS HAVE MADE IT PRETTY CLEAR THAT THEY WANT THIS ENFORCED TO CLEAN UP THE CITY, AND I THINK THEY ARE GIVING YOU THE DIRECTION TO DO WHATEVER IT TAKES TO DO THAT - WHETHER IT MEANS HIRE STAFF- THAT IS THE WAY I READ IT, IF I WERE SITTING IN YOUR SEAT, I WOULD SAY THAT THEY WANT YOU TO GET THE JOB DONE, WHATEVER IT TAKES TO GET IT DONE." ~~ ~ ~1 ~~ ~~ C~ ~ ~ ::D CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 16 OF 28 COMMISSIONER MARTINEZ ADDED, "IT IS UP TO STAFF TO SEE TO IT THAT TIDS IS IMPLEMENTED, THE WAY THE COMMISSION WANTS IT IMPLEMENTED." DEPUTY MAYOR MILLER STATED, "I AM REFERRING TO STAFFING - IF WE HAVE A PROBLEM IN CODE ENFORCEMENT STAFFING, THEN THE CITY MANAGER NEEDS TO BRING THAT TO OUR ATTENTION, AND WE NEED TO HIRE PEOPLE." DEPUTY MAYOR MILLER THEN SAID, "IF YOU NEED PEOPLE, YOU NEED TO TELL US." FURTHERMORE, DEPUTY MAYOR MILLER ADDED, "IF WE NEED MORE CODE ENFORCEMENT PEOPLE, I EXPECT THE CITY MANAGER TO BRING IT TO OUR ATTENTION REAL QUICK, AND WE WILL DO WHATEVER WE HAVE TO DO TO ADDRESS THE ISSUE." ADDITIONALLY, DEPUTY MAYOR MILLER SAID, "IF WE NEED PEOPLE, LET'S FIGURE OUT WHERE WE NEED TO SPEND THE MONEY TO GET THE PEOPLE, BUT I DON'T WANT TO HEAR THAT YOU CANNOT DO THIS BECAUSE WE ARE BUSY DOING SIGNAGE OR SOMETHING ELSE." VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: NAY MOTION CARRIED. Commissioner Blake stated, "Ron [McLemore], could you get a listing of exactly who and how many are going to be affected by this - could you get me a copy of that please." Deputy Mayor Miller added, "Give the whole Commission a copy of it." Mayor Bush suggested, "I think it would be something at the next Commission Meeting, to be given to everybody, okay." PUBLIC HEARINGS 22. G. Offic~ Of The City Manager/Office Of The City Attorney Present To The City Commission For First Reading Ordinance Number 2003-01 That Would Regulate Open Alcoholic Beverage Containers In Public Places, Adopt Definitions And Provide A General Penalty Provision For Violations Of Chapter 3 Of The City Code. Commissioner Blake stated, "I congratulate the City Attorney and whoever he talked to on this because I think that this version, and we have been through several, certainly provides the ability for the Police Department to enforce the laws that they need to enforce, as well as provide for the true intent of this Ordinance to be carried out." ~ ~ ~ ~"':~'1 '--e ::3J ["','~-<:1 d.~::~ c.s~ L?' ,:.o....::;:@ fj>~ \i~l C;-~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 17 OF 28 Mayor Bush stated, "We need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read by Ordinance 2003-01 by "Title" only. Discussion. Commissioner Martinez stated "Point of Order" and commented on the discussion. Attorney Garganese stated that Manager McLemore, Chief of Police Daniel J. Kerr, and Captain Mike Noland contributed to this Ordinance. Discussion. Commissioner Blake added, "Very good job and I think it is well done! Thank you." Chief Kerr addressed the City Commission. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION TO MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. tJ ~~ [p""dj .J-'{9 ~~ ~2J ~ ~ ~~:J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28. 2003 PAGE 18 OF 28 PUBLIC HEARINGS H. Not Used. PUBLIC HEARINGS I. Not Used. PUBLIC HEARINGS 23. J. Office Of The City Attorney Proposes To The City Commission For First Reading Ordinance Number 2003-30, Adopting A Code Provision That Permits The City To Recover Attorneys' Fees And Costs In Any Legal Proceeding Brought By The City To Enforce The City Code In Which The City Prevails. "MOTION TO READ ORDINANCE 2003-30 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: agreed with the proposed Ordinance and said it would be helpful to the Code Enforcement Board. The "Public Input II portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE [ORDINANCE] 2003-30 TO A SECOND READING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. ~~ ~.".-'2J':. ~~::?:J 'Lt [):cr~f2iJ C=.~' r:"j , ~..--., ' cS~ ~~ ~ C; '2J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 19 OF 28 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR REGULAR A. Not Used. REGULAR 24. B. Office Of The City Clerk Requests That Members Of The City Commission Make The Remaining Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2003 - Specifically Regarding Members Of The Code Enforcement Board and The Planning And Zoning Board/Local Planning Agency. "I WOULD LIKE TO APPOINT PAUL KREBS TO THE CODE ENFORCEMENT BOARD. HE HAS INDICATED THAT HE WOULD LIKE TO SERVE ON THAT BOARD, AND HE WOULD THEREFORE RESIGN FROM THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Blake stated, "Since that is going to come back, it would be my desire that the Clerk not be required to put a 100 page packet together on that." Commissioner McGinnis stated, "Yes." Tape 2/Side B Si ~ ~~ ~~ ~~ ~ ~~ ~ ~ C8J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 20 OF 28 REGULAR 25. C. Community Development Department Recommends Approval Of The Proposed Architectural Renderings For Building 11 At The Tuskawilla Office Park (TOP), Subject To The Dover Kohl And Partners Comments. Mr. Baker addressed the City Commission regarding this Agenda Item. Commissioner Martinez said to Mr. Baker, "So you are saying that your Department will be responsible to make sure these things are complied with and fully in place by the time you issue a C.O. [Certificate of Occupancy]?" Mr. Baker responded, "What we have done with the others is to have them provide us with written documentation that they acknowledge that they need to do this, and that they will be responsible to make these changes and implement them before the C.O. [Certificate of Occupancy]." Commissioner Martinez added, "My point is, you will see to it that this is done?" Mr. Baker replied, "Yes, Sir." "I MAKE A MOTION THAT WE APPROVE THE ARCHITECTURAL RENDERINGS AS DEPICTED IN - ATTACHMENT 'C.'" MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE STATED, "MY ONLY CONCERN IS NO PLACE ON THE ACTUAL DRAWING PAGE DOES IT SAY WHAT ATTACHMENT IT IS. SHOULD IT SOMEHOW BECOME DETACHED FROM THE COVER FAX PAGE, THEN WE WOULD NEVER KNOW THAT IS THE ATTACHMENT." MANAGER McLEMORE SAID, "WE WILL RECTIFY THAT." MAYOR BUSH STATED, "THE MOTION DID NOT INCLUDE IT SUBJECT TO DOVER KOHL & PARTNERS' COMMENTS." DEPUTY MAYOR MILLER ADDED, "THAT WOULD BE INCLUDED IN THE ATTACHMENT." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR D. Not Used. ~ ~ ~ ~ ~ ~ G ~~:V CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 21 OF 28 REGULAR 26. E. Finance Department Requesting The City Commission Approve Resolution Number 2003-32, Computing The Proposed Tentative Millage Cap For Fiscal Year 2003-2004, Establishing The Rolled-Bac.k Rate And Setting The Date, Time And Place Of A Public Hearing To Consider The Tentative Millage Rate And Tentative Budget For Fiscal Year 2003- 2004. MOTION THAT "THE COMMISSION WOULD CONSIDER A TENTATIVE MILLAGE OF 4.4196." MOTION BY COMMISSIONER MARTINEZ, SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE ,COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR 27. F. Office Of The City Clerk Requests That The City Commission Approve An Appointment Tp Replace Mr. Roy Prince Who Prior To His Recent Resignation Has Served As The City Of Winter Springs' Alternate To The South Seminole And North Orange County Wastewater Transmission Authority. Brief discussion. Deputy Mayor Miller stated, "Point of Clarification" and spoke briefly of this Agenda Item. Commissioner McGinnis left the dais. Mayor Bush asked for a Motion to Table. MOTION TO TABLE UNTIL THE NEXT MEETING. DISCUSSION. SECONDED. S ~..Q f'tf'f~ ~;.;",,'1 ":...,?t1 ~;:itli~~ - Qr ~ ~ ~ ~ Cc- -2l CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 22 OF 28 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: ABSENT FOR VOTE MOTION CARRIED. Commissioner McGinnis returned to the dais. REGULAR 28. G. Community Development Department Requests That The City Commission, In Its Capacity As The DRC [Development Review Committee], Consider The James Doran Company's Request To Change The Floor Plan And Building Elevations As Part Of The Partition Of The Remaining Portion Of Building Number 8 (That Part Not Occupied By Leslie's Pool Supply). Mr. Baker handed out information related to this Agenda Item and addressed the issue at hand. With discussion, Commissioner Blake stated, "When we talk about Building Elevations, it would be very helpful to see a 'Before' and 'After' to see some sort of clear illustration of exactly what is moving." Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ~l ~:d>1 e-==n ~ r>~ ~ ~ ~ ~. ~ C;' ~, 2J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 23 OF 28 REGULAR 29. H. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Mr. Harry Migdal To Remove 1 Specimen Sweet Gum, Approximately Twenty Inches (20") In Diameter. Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department introduced this Agenda Item. "MOTION TO APPROVE THE REQUEST." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Martinez asked Mr. Mingea to "Put a Memo in my box as to the disposition of the tree cutter in the case of the Cruces." Mr. Mingea inquired, "That was the Code Enforcement case - on Moss Road?" Commissioner Martinez stated, "Yes." Commissioner Blake stated, "Point of Order" and suggested this should be handled under "Reports. " Commissioner Martinez added, "Just put a Memo in my box - Thanks." REGULAR 30. I. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Mrs. Diane Solano To Appeal The Decision Of The City Forester For The Removal Of One Sand Live Oak Tree In Her Front Yard. This Agenda Item was not addressed as Mayor Bush pointed out that "They have withdrawn their Appeal." ~ ~ ~ [):::t;:~ ~ ~ ~ , G' :a CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 24 OF 28 ADD-ON REGULAR 40. F. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Present A Formal Offer For The Acquisition Of The Wincey Property Located Adjacent To Central Winds Park. "I WOULD LIKE TO MAKE A MOTION THAT WE AUTHORIZE THE CITY MANAGER AND THE ATTORNEY TO ENTER INTO NEGOTIATIONS WITH THE WINCEY PROPERTY OWNERS TO PURCHASE THE LAND AS DESIGNATED UTLIZING FINANCING THAT IS DEPICTED IN THE PACKAGE FOR A TOTAL COST - NOT TO EXCEED $900,000.00." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. REPORTS REPORTS 31. A. City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 32. B. City Manager - Ronald W. McLemore Manager McLemore asked the City Commission to decide where they would like their mailboxes to be relocated to. Deputy Mayor Miller suggested, "Put it in the Mayor's Office - that is my vote." Commissioner Blake stated, "The Mayor's Office is a good idea." Mayor Bush said, "No problem with me." In conclusion, Mayor Bush summarized the consensus of the City Commission was that "The mailboxes will go in the Mayor's Office - will it fit along the wall as you walk in - to the left? If not, it could fit where the bookcase is. Do you have any objection to let Andrea [Lorenzo-Luaces, City Clerk] decide' where it goes in there?" Manager McLemore added, "I think a discussion between the two of you would be ideaL" Mayor Bush then said, "We will get it so that it is easilyaccessible." CE51 ~~~ ~ ~J ~1 ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 25 OF 28 Next, Manager McLemore said, "We now have a draft and I think we are ready to bring to you the Accessory Buildings issue." Discussion ensued on when to have this matter discussed next. Manager McLemore added, "I would like to be here when it comes up." Mayor Bush suggested, "I think we will delay it until you are back - the next Meeting that you are back for." REPORTS 33. C. City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces reminded the Mayor and City Commission that the Advisory Board and Committee Appreciation Dinner is set for next Friday, August 8, 2003. Mayor Bush inquired, "Are we having someone at the Dinner to take some pictures?" City Clerk Lorenzo- Luaces agreed that this would be done. REPORTS 34. D. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez stated, "I would like to thank the City Attorney for his prompt and very well written Ordinance on the Open Container issue. I think that you and the Chief [Kerr], the City Manager and Captain Noland did a good job and I commend you for it, and thank you." Secondly, Commissioner Martinez suggested that "I think it should be required for Commissioners to listen to the tapes" of the City Commission Meetings. Thirdly, Commissioner Martinez stated, "At the last Meeting, there were two (2) items on the Consent Agenda that dealt with the Park Concessions." Commissioner Martinez added that he had been contacted by Mr. Fred Mannara. Commissioner Martinez added that Mr. Mannara "Felt he had a right to come before the City and express his position." Furthermore, Commissioner Martinez suggested that "The Commission be cautious in the future - when we have items like this that are controversial and somebody is claiming that they can do better than somebody else, which is favorable to the City - we should at least listen to it." REPORTS 35. E. Commission Seat Four - Sally McGinnis No Report. ~1 ~ ~ ~ ~cn.. ~ CS;;2:> ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 26 OF 28 REPORTS 36. F. Commission Seat Five - David W. McLeod Commissioner McLeod offered his sincere thanks for the support he has received from the City with the passing of his brother. REPORTS 37. G. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller stated, "I would like to see the City Manager pull all of the background data - there have been several information items given to us in the last six (6), eight (8) months on Village Walk, and I would like to see copies of those pulled with the highlights because it is about to start, and I would like those to be sent to the Homeowner's Association President Helga Schwarz." Deputy Mayor Miller added, "I think that would be very timely thing for us to do right now to provide that to them, so that they know that something really is going to start." Manager McLemore said to Mr. Kip Lockcuff, Public Works/Utility Department Director, "I would like to know if you have any updated information?" Deputy Mayor Miller added, "Whatever is the best information you have, I would appreciate it if you would send that along with whatever 'We have done in the past." Commissioner Martinez said, "I think that if you are going to send that to that Homeowner's Association, you should send it to all of the Homeowner's Associations." Mayor Bush suggested, "I think that is something you can talk to the Manager about." REPORTS 38. H. Commission Seat Two - Michael S. Blake Commissioner Blake stated, "We have an Agreement with a property on Orange A venue, on the North side of Orange Avenue, a Pre-Annexation Agreement" which should be in effect. Ms. Salhstrom spoke of the Meyers property and stated, "I will check." Commissioner Blake then said, "When you recheck, make sure it is and just go ahead and get it in the process." Secondly, Commissioner Blake said to Attorney Garganese, "Section 20-357." ~ ~ ~ ~ ~."", ~ ' U ~. ~ ';3} CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 27 OF 28 REPORTS 39. I. Office Of The Mayor - John F. Bush Mayor Bush stated, "I would like to - for one (1) Meeting a month change the Agenda where we do the seats first, rather than last. Is there any objection to that?" With brief discussion, Mayor Bush then said, "Is it something that we could bring up at the next Commission Meeting for a Vote?" Furthermore, Mayor Bush stated, "I would like to bring that up at the next Meeting and have the Commission either vote it up or vote it down. " Next, Mayor Bush spoke of a "Memo from the Manager concerning the traffic study at the Dollar General store, and said that it would be nice if the Homeowner's Association was made aware of this Study and have the opportunity to review it, if they so choose." Commissioner Martinez pointed out that, "They have got it." In a related issue, Commissioner Blake spoke to Mayor Bush about a letter that Mayor Bush sent to the Highlands Homeowner's Association, "Specifically involving the delivery on a regular basis of the Agenda to them. That creates a problem in my eyes, because if we start delivering an Agenda to a special interest group - and when we do not make it a point to deliver an Agenda to every special interest group, be they a Homeowner's Association, the Safehouse of Seminole.. .then I think we really are creating a problem and we are not treating everybody the same." Commissioner Blake added, "Our Agendas are available on the Internet." Mayor Bush then said, "Well, this will be one of these things that I think that we will see how they respond, but something that the Commission can discuss at more length, and if you don't want to do that, why we certainly won't do it." Deputy Mayor Miller offered, "Mayor, I think if you wanted to do it personally, I think that would probably be alright, but for the City to do it..." Mayor Bush then said, "...1 will meet with the Homeowner's Association and when they get back with me in response to the letter, I will convey to them some of the things that you have just said, and we will try to make it so it makes sense for everybody." Mayor Bush then suggested, "Let's bring this up at another Meeting where we can discuss it and the Commission can decide what to do," Thirdly, Mayor Bush brought up the Solid Waste Collection procedures, and inquired, "Are we keeping track of this money by category, so that this Commission would know how much money is involved - the solid waste collection, solid waste disposal of customer service, Franchise Fees, rate stabilization which gives us a total of the total customer rate?" Mayor Bush then spoke of the charges for rate stabilization and suggested that "If it is something that we should do, why don't we put it in the Millage and get it off the water bills?" Mayor Bush added, "I just wanted to bring it up, and it is something probably for the future." ~ ~ ~ ~ ~ ~ ~ ~...;J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 28, 2003 PAGE 28 OF 28 Additionally, Mayor Bush pointed out that "Louise [Frangoul, Finance Department Director] is going to try to get some of this data." Mayor Bush then said, "Maybe the Attorney can tell us, when you get a Resolution that breaks things down like this, should the bookkeeping reflect this or not?" Commissioner Blake suggested, "I think we should put this on an Agenda." ADJOURNMENT Mayor Bush adjourned the Meeting at 9:22 p.m. RESPECTFULLY SUBMITTED: fl>.... ~;r, NZO-LUACES, CMC ...~ APPROVED: ~ JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the ,2003 Regular City Commission Meeting, ~ ~ ~ ~ ~ ~ ~;J