HomeMy WebLinkAbout2003 07 14 Consent I Unapproved Minutes from June 23, 2003 City Commission Regular Meeting
COMMISSION AGENDA
ITEM I
Consent X
Informational
Public Hearings
Regular
July 14. 2003
Regular Meeting
Mgr. / Dept.
Authorization
CONSENT
I. Office Of The City Clerk
Requesting Approval Of The June 23,2003 City Commission Regular Meeting Minutes.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
JUNE 23, 2003
CALL TO ORDER
The Regular Meeting of Monday, June 23, 2003 of the City Commission was called to
order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the 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, present
Commissioner Edward Martinez, Jr., absent
Commissioner Sally McGinnis, present
Commissioner David W. McLeod, present
City Manager Ronald W, McLemore, arrived 6:35 p.m.
City Attorney Anthony A. Garganese, present
After a moment of silence, the Pledge of Allegiance was recited.
PRESENTATIONS
None.
PUBLIC INPUT
Mr, Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked City
Attorney Anthony A. Garganese for his help with his assistance on putting a Lease
together for the Paw Park. Mr. Rucci introduced Chris Cannizzaro, a Boy Scout working
towards Eagle Scout status.
Mr, Chris Cannizzaro, 209 Hazelwood Court, Winter Springs, Florida: as a Boy Scout
working on becoming an Eagle Scout, he spoke in conjunction with the FLOP [Friends of
Leash Optional Parks] organization and showed some photographs of proposed signage.
Commissioner Michael S. Blake suggested, "I think he probably needs to get in touch
with the Parks [and Recreation Department] Director, Chuck Pula and also Engineering"
regarding signage meeting wind load specifications.
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CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 2 OF 27
Mr. Mark Lammert, 410 MacGregor Road, Winter Springs, Florida: spoke on behalf of
the Highlands Homeowner's Association about an email he had sent the City Commission
involving inviting Members of the City Commission to attend a "Highlands Community
meeting on the affordable housing project and Dollar General Store - planned for
Thursday, July 24th from 7:00 p,m, to 9:00 p.m, at the Highlands Elementary School on
Shepard Road."
City Manager Ronald W McLemore arrived at 6:35 p.m.
Mr. Byron Giltz, 1001 Troon Trace, Winter Springs, Florida: speaking on behalf of the
Tuscawilla Homeowner's Association, Mr. Giltz noted their support of the Winter Springs
Police Department and spoke of their support for motorcycles and personnel for the
Winter Springs Police Department.
Deputy Mayor Robert S. Miller stated that "I had asked the City Manager - to put this on
the Agenda, I want to make sure this is on the next Agenda," Manager McLemore said,
"We can certainly have that on it."
Ms. Sharon Tackaberry, 634 Cheoy Lee Circle Winter Springs. Florida: spoke on the
status of the replatting and asked if several property owners could put fences up on the
portion of land being replatted.
With discussion, Mayor Bush asked Manager McLemore "Is there anyway we could have
it expedited?" Further, Mayor Bush stated, "Maybe Mr. McLemore can speak with them
- and try to move it along."
Mr, Carl Stephens, 700 Fisher Road, Winter Springs, Florida: said that he was in favor
of the Fisher Road project noted on this evening's Agenda and asked ifthere would be a
presentation.
CONSENT
CONSENT
1. A. Office Of The City Manager
Requesting The Commission Adopt Resolution Number 2003-30 Approving And
Awarding The Sale Of $_ Million In City Of Winter Springs, Florida
Improvement Refunding Revenue Bonds, Series 2003 To Our Underwriters,
Execute A Bond Purchase Contract And Continuing Disclosure Certificate,
Authorizing The Preliminary Official Statement And Escrow Deposit Agreement
And Appointing The Paying Agent And Registrar.
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CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 3 OF 27
CONSENT
2. B. Fire Department
Requesting That The City Commission Approve A Supplemental Appropriation In
The Amount Of $40,000.00 To Rehabilitate Fire Station 24 And Station 26 FrOm'!
General Fund Reserves And The Medical Transport Fund Balance.
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CONSENT
3. C. Parks And Recreation Department
Requesting The City Commission To Award The Bid For The Sunshine Park
Restroom/Storage Building As Per Bid Number ITB-015-03/CP To The Lowest And
Best Bidder Tim Williams Builders And To Provide The City Manager The
Authority To Enter Into A Contract With Tim Williams Building And To Provide A
Notice To Proceed To Construction. Also To Approve A Supplemental
Appropriation From Fund Balance Park Donation Revenues In The Amount Of
$26,569.00.
CONSENT
4. D. Information Services Department
Requesting Authorization To Dispose Of Surplus Technology Assets According To
The Attached Disposition Sheets.
CONSENT
5. E. Public Works Department
Requesting Authorization For Additional Expenditure For Fisher Road Paving And
Drainage Design For Consulting Engineering Services With Conklin, Porter And
Holmes Engineers, Inc.
"I WILL MAKE A MOTION TO APPROVE THE CONSENT AGENDA."
MOTION BY DEPUTY MAYOR MILLER. SECONDED COMMISSIONER
BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
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CITY COMMISSION
REGUlAR MEETING - JUNE 23, 2003
PAGE 4 OF 27
INFORMATIONAL
INFORMATIONAL
6. A. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
INFORMATIONAL
7. B. Public Works Department
Advising The City Commission Of The Status Of Various Capital Improvement
Projects.
ADD-ON
INFORMATIONAL
8. C. Police Department
Informing The City Commission Of The Results Of Winter Springs Police Vehicle
Entry In Law And Order Magazine.
MOTION TO APPROVE INFORMATIONAL AGENDA. MOTION BY DEPUTY
MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
PUBLIC HEARINGS
9. A. Community Development Department - Planning Division
Requests The City Commission Conduct A Public Hearing For The Second
Reading/Adoption Of Ordinance 2003-18, That Would Annex Four (4) Contiguous
Parcels Equaling 3.13 Acres, Owned By Pullen, Heitlage, Conti And Duffy At 1204,
1206,1208, And 1210 Orange Avenue.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department addressed this Agenda Item.
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PAGE 5 OF 27
Attorney Garganese read the Ordinance by "Title" only.
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 WILL MAKE A MOTION THAT WE APPROVE." MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
10. B. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second
Reading/Adoption Of Ordinance 2003-14 To Adopt A Small Scale FLUM
Amendment By Changing The Future Land Use Map Designation Of Two (2)
Parcels Equaling 2.22 Acres, Located At 835 And 895 West State Road 434, From
"Commercial" (Seminole County) To "Commercial" (City Of Winter Springs).
Attorney Garganese read Ordinance 2003-14 by "Title" only,
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 WILL MAKE A MOTION THAT WE APPROVE ITEM 'B." MOTION BY
COMMISSIONER McLEOD. SECONDED. DISCUSSION.
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REGULAR MEETING - JUNE 23, 2003
PAGE 6 OF 27
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
PUBLIC HEARINGS
11. C. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second
Reading/Adoption Of Ordinance 2003-15 To Rezone Two (2) Parcels Equaling 2.22
Acres, Located At 835 And 895 West State Road 434, From "C-2" (County) To "C-
2" (City Of Winter Springs).
Attorney Garganese read the Ordinance by "Title" only,
Mayor Bush opened the "Public Input" portion of this Agenda Item.
Mr, Ned Voska, 1466 Whitehall Boulevard, Winter Springs. Florida: briefly addressed
the City Commission on this Agenda Item.
Discussion.
Commissioner Blake stated, "Point of Order" and commented on this Agenda Item
Further discussion ensued on Zoning Classifications.
Tape IISide B
The "Public Input" portion of this Agenda Item was closed.
"I MAKE A MOTION THAT WE ADOPT ORDINANCE 2003-15." MOTION BY
DEPUTY MAYOR MILLER. SECONDED. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 7 OF 27
PUBLIC HEARINGS
12. D. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second
Reading/Adoption Of Ordinance 2003-10 To Adopt A Small Scale FLUM
Amendment By Changing The Future Land Use Map Designation Of Two (2) 4.55
Acre Parcels, Located On Orange Avenue, Immediately North Of The High School,
From "Rural-3" (Seminole County) To "Town Center" (City Of Winter Springs).
Attorney Garganese read the Ordinance by "Title" only.
Brief discussion.
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 2003-10." MOTION BY
DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
13. E. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second
Reading/Adoption Of Ordinance 2003-11 To Rezone Two (2) 4.55 Acre Parcels,
Located On Orange Avenue, Immediately North Of The High School, From
(County) "A-I" To (City Of Winter Springs) "Town Center District".
Attorney Garganese read the Ordinance by "Title" only.
Mayor Bush opened the "Public Input" portion of this Agenda Item,
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CITY COMMISSION
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PAGE 8 OF 27
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I WILL MAKE A MOTION TO APPROVE ORDINANCE - 2003-11." MOTION
BY DEPUTY MAYOR MILLER. SECONDED. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
PUBLIC HEARINGS
14. F. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second
Reading/Adoption Of Ordinance 2003-12 To Adopt A Small Scale FLUM
Amendment By Changing The Future Land Use Map Designation Of A 4.88 Acre
Parcel, Located At 1120 Orange Avenue, From "Rural-3" (Seminole County) To
"Town Center" (City Of Winter Springs).
Attorney Garganese read the Ordinance by "Title" only.
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 MOVE FORWARD FOR ADOPTION
ORDINANCE 2003-12." MOTION BY COMMISSIONER McLEOD.
SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
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PAGE 9 OF 27
PUBLIC HEARINGS
15. G. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading
/Adoption Of Ordinance 2003-13 To Rezone A 4.88 Acre Parcel, Located At 1120
Orange Avenue, From (County) "A-I" To (City Of Winter Spring) "Town Center
District".
Attorney Garganese read Ordinance 2003-13 by "Title" only,
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 2003-13." MOTION
BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
16. H. Community Development Department Planning DivisionlPolice
Department/Office Of The City Attorney
Request The City Commission Hold A Public Hearing For Second
Reading/Adoption Of Ordinance 2003-24, Amending Winter Springs Code Section
20-434., Relating To Commercial Vehicles In Residential Areas As Directed By The
City Commission.
Attorney Garganese read Ordinance 2003-24 by "Title" only,
Mayor Bush opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed,
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PAGE IOOF27
Manager McLemore stated, "1 would just like to acknowledge Eloise [Sahlstrom] for the
work she has done." Furthermore, Manager McLemore added, "1 think she deserves a
thank you at this point in time."
"I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE
2003-24." MOTION BY COMMISSIONER McLEOD. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
17. I. Community Development Department - Planning Division/Office Of The
City Attorney
Requests The City Commission Hold A Public Hearing For Second
Reading! Adoption Of Ordinance 2003-23, Amending Winter Springs Code Section
20-463., Amending The Eastern Boundary Of The New Development Overlay
District
Attorney Garganese read the Ordinance by "Title" only.
Discussion.
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 WILL MAKE A MOTION THAT WE ADOPT ORDINANCE 2003-23."
MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER
BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
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CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE II OF 27
PUBLIC HEARINGS
18. J. Office Of The City Attorney
Requests That The City Commission Consider For Second Reading And Public
Hearing Ordinance Number 2003-21, Which Corrects A Scrivener's Error
Contained In Ordinance 2003-04.
Attorney Garganese read Ordinance Number 2003-21 by "Title" only.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
No one spoke,
The "Public Input" portion of this Agenda Item was closed,
"MOTION TO ADOPT ORDINANCE 2003-21." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS
DISCUSSED NEXT, FOLLOWED BY THE REGULAR AGENDA, AS
DOCUMENTED. .:. .:.
CONSENT
CONSENT
1. A. Office Of The City Manager
Requesting The Commission Adopt Resolution Number 2003-30 Approving And
Awarding The Sale Of $_ Million In City Of Winter Springs, Florida
Improvement Refunding Revenue Bonds, Series 2003 To Our Underwriters,
Execute A Bond Purchase Contract And Continuing Disclosure Certificate,
Authorizing The Preliminary Official Statement And Escrow Deposit Agreement
And Appointing The Paying Agent And Registrar.
Ms, Rebecca Peterson, Consultant, Public Financial Management, 201 South Orange
Avenue, Suite 720, Orlando, Florida: presented comments related to this Agenda Item
with Members of the City Commission.
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PAGEI20F27
Mr, Mike Willams, Esquire, Akermann Senterfitt, Post Office Box 231, Orlando, Florida:
also spoke on this matter and the related Resolution.
Ms, Peterson then pointed out that $8,870,000 - "Was the amount of new Bonds that
were issued,"
Manager McLemore stated, "Kudos to the entire' financial team, including the
Commission, the FA [Financial Advisor] and everybody else."
"I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION ADOPT
[RESOLUTION] NUMBER - 2003-30." MOTION BY COMMISSIONER BLAKE.
SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
REGULAR
19. A. Community Development Department - Arborist Division
Recommends The City Commission Consider The Request Of Mrs. Jo Ann Brown
To Remove One (1) Specimen Laurel Oak, Approximately 28 Inches In Diameter.
Ms. Sah1strom briefly addressed the City Commission.
"I - RECOMMEND THAT WE APPROVE THE RECOMMENDATION TO
REMOVE THE TREE AT 154 BLACK BEAR COURT." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
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PAGE 13 OF 27
REGULAR
20. B. Community Development Department - Planning Division
Requests The City Commission Approve Preliminary And Final Engineering/Site
Plan For The New Elementary School "I" And To Consider The School Board's
Request To Remove Thirteen (13) 20-Inch (Or Greater) Trees.
Ms, Diane Kramer, Deputy Superintendent, Seminole County Public Schools, 400 East
Lake Mary Boulevard, Sanford, Florida: asked about getting a copy of the "Letter of
Understanding" for the School Board's Meeting scheduled for tomorrow and spoke on
this project.
Next, Ms. Kramer spoke of a tree survey, and stated, "We have that to submit to you
tonight." Furthermore, Ms. Kramer stated, "Our survey indicates there are an additional
twenty-eight (28) Cabbage Palms that are twenty inches (20"); so I would have to revise
that to be thirteen (13) specimen trees and twenty-eight (28) Cabbage Palms that would
have to be removed."
Furthermore, Ms Kramer said, "What 1 would ask is that this agreement give us the
authority to proceed with the demolition of the trees necessary for this project, with the
landscaping plan that we have turned in. That landscaping plan we revised at the
suggestion of your Urban Forester - it has forty (40) Live Oaks, it has seven (7) Winged
Elms, it has thirty-one (31) Laurel Oaks, and thirty-three (33) Palms. We would like for
that to be acceptable as the replacement of trees for this project and that we would not be
putting taxpayer money into the Tree Bank - that we would pay the Arbor Fee to cover
the inspections - that we would not put money into the Tree Bank."
Mayor Bush said to Ms. Kramer, "On the Staff recommendation - what you are saying is
you are adding to what the Staff has recommended, you are adding twenty-eight (28)
Cabbage Palms?" Ms. Kramer responded, "Right. That would be in Section 11.2 of the
Letter of Understanding. 1 am also asking that our submitted Landscape Plan be
acceptable as the replacement trees, and pay the Arbor Permit Fee which would be the
$100.00 plus ten dollars ($10,00) per tree that is removed; that there would be no
contribution to your Tree Bank."
Deputy Mayor Miller inquired about what would be done with the Cabbage Palms. Ms.
Kramer stated, "If you want to come and pick them up, we will give them to you,"
Deputy Mayor Miller added, "Is that an offer?" Ms. Kramer replied, "Yes." Deputy
Mayor Miller then said, "There are companies that sell them and they may be interested
in them - we will get the City Manager to see if can get an offer to come and take them
out." Furthermore, Deputy Mayor Miller stated, "It is on the record, so I will remind you
of that." Ms. Kramer then said, "I have no problem..."
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,With discussion, Commissioner Blake said to Attorney Garganese, "When we decided to
remove some trees on Central Winds Park - did we not utilize - some special provision
for the interest of the common good that we were able to not replace those? I think it was
'a hardship." Attorney Garganese responded and spoke of a Waiver provision in the
Arbor Ordinance and suggested, "If the Commission wanted to waive that requirement,
we would just put it into the Letter of Understanding that has already been drafted, we
will make some modification and the Commission could execute it. I would reference in
the Letter of Understanding the City Commission's authority under the Arbor Ordinance
to waive Waiver requirements." Commissioner Blake added, "When we get to that point,
I would like to make sure that we do that."
Deputy Mayor Miller inquired, "What is the requirement for the City to put in sidewalks
near schools, because there are no sidewalks in that area at all." With brief discussion,
Mayor Bush stated, "I think this may be something that needs to come back to the
Commission." Deputy Mayor Miller added, "We are in the Budget process right now,
and if we need to put that on the Agenda for discussion, we need you to bring it back to
us real quick." Attorney Garganese added, "Deputy Mayor Miller does bring up a good
point, I think the schools and the Cities need to provide appropriate walking conditions
for students to and from the school, and in the event that a hazardous - walking condition
was created - Florida Law requires that hazardous conditions be alleviated within a
reasonable period of time and cooperation between the. City, the School Board and any
other governmental entity with jurisdiction," Deputy Mayor Miller said, "Bring it back to
us if you would so that we can put it into the Budget, if we need to."
"I WOULD LIKE TO MAKE A MOTION THAT THE CITY COMMISSION
APPROVE THE PRELIMINARY AND FINAL ENGINEERING SITE PLAN FOR
ELEMENTARY SCHOOL 'I,' SUBJECT TO THE LETTER OF
UNDERSTANDING AS ATTACHED AND AS AMENDED TO INCLUDE A
WAIVER ON THE ADDITIONAL REQUIREMENTS OF THE
CONTRIBUTIONS TO THE TREE BANK - FOR THE REMOVAL OF TREES
GIVEN THE LARGE OFFSITE IMPROVEMENTS AND ONSITE ADDITIONAL
IMPROVEMENTS PROVIDED BY THE SCHOOL BOARD FOR THE BENEFIT
OF THE CITY OF WINTER SPRINGS AND TO INCLUDE SPECIFICALLY.
THE REMOVAL OF THIRTEEN (13) SPECIMEN TREES PLUS TWENTY-
EIGHT (28) ADDITIONAL CABBAGE PALMS IN EXCESS OF TWENTY (20)
INCHES." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY
MAYOR MILLER. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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REGULAR
21. C. Community Development Department - Arborist Division
Recommends The City Commission Consider The Request Of Mr. Bill Strudgeon
To Remove Three (3) Specimen Pond Pines Approximately 22 Inches In Diameter
Each.
Ms. Sahlstrom introduced this Agenda Item.
Discussion.
Ms, Anne Strudgeon, 853 Big Buck Circle, Winter Springs, Florida: explained that the
City's Arborist had said that the third tree in question was diseased.
Commissioner Blake left the dais at 7:52 p.m.
"I MAKE A MOTION THAT WE APPROVE - ITEM 'C.'" MOTION BY
DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
DEPUTYMAYORMILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
Commissioner Blake returned to the dais at 7:53 p.m.
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
REGULAR
22. D. Community Development Department
Requesting Commission Consider And Approve An Amendment To The Existing
Development Agreement For An Automotive Repair Shop On A 1.36-Acre Parcel
Along The South Side Of State Road 434, Just East Of The Entrance To Tuskawilla
Trails.
Mr. John Baker, AICP, Senior Planner, Community Development Department addressed
the City Commission on this Agenda Item.
Tape 2/Side A
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Discussion ensued on the proposed building elevation and signage.
Deputy Mayor Miller stated, "I want to make absolutely certain also that if you are in the
review process on the DRC [Development Review Committee], before it comes to us, I
think you need to go back and look at the original documentation on this because that was
my recollection, and I would not like to think that the whole building is going to be a
forty foot (40') ceiling in there and that building on the right is actually going to be one
(1) floor, which is just the ground floor, with all those being artificial windows on the
second level."
Discussion.
With further discussion, Manager McLemore stated, "What is it that you find
objectionable here so he knows what to do? Is it principally the second story and the
rooflines?" Mayor Bush suggested, "I think what the Commission is saying, until they
see the design ofthe building it is hard to approve the sign."
"I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE THE
SIGNAGE AS SHOWN ON THE RENDERING, HOWEVER IT IS NOT
APPROVING THE RENDERING OF THE BUILDING ITSELF." MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: NAY
COMMISSIONER BLAKE: NAY
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
MAYOR BUSH: NAY
MOTION DID NOT CARRY.
REGULAR
23. E. Office Of The City Clerk
Requests That Members Of The City Commission Make
AppointmentslReappointments Related To The Terms Of Office Which Will Be
Expiring In July 2003 - Specifically Regarding Members Of The Beautification Of
Winter Springs Board; The Board Of Adjustment; The Code Enforcement Board;
The Planning And Zoning Board/Local Planning Agency; And The Terms Of Office
Which Will Be Expiring In August 2003 - Specifically Regarding Members Of The
Oak Forest Wall And Beautification District Advisory Committee And The
Tuscawilla Lighting And Beautification District Advisory Committee.
Discussion,
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CITY COMMISSION
REGULAR MEETING - JUNE 23. 2003
PAGE 17 OF 27
Commissioner Michael S. Blake stated, "Point of Order" and remarked about what was
being said.
DEPUTY MAYOR MILLER STATED, "FOR THE BOARD OF ADJUSTMENT, I
WOULD LIKE TO APPOINT GARY DILLER." MOTION BY DEPUTY MAYOR
MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
"I WOULD LIKE TO REAPPOINT SHARON T ACKABERRY" TO THE
BOARD OF ADJUSTMENT. MOTION BY COMMISSIONER McLEOD.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
COMMISSIONER BLAKE STATED, "I MOVE TO REAPPOINT MAT
MATISAK" TO THE CODE ENFORCEMENT BOARD. MOTION BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
DEPUTY MAYOR MILLER STATED, "I WOULD LIKE TO RENOMINATE
TOM BROWN" TO THE PLANNING AND ZONING BOARDILOCAL
PLANNING AGENCY. MOTION BY DEPUTY MAYOR MILLER. SECONDED
BY COMMISSIONER BLAKE. DISCUSSION.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 18 OF 27
VOTE:
DEJPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
"I WOULD LIKE TO NOMINATE DEBORAH DWYER OF 1016 TAPROOT
DRIVE" TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT
ADVISORY COMMITTEE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
"I WILL MOVE TO REAPPOINT GARY HILLERY" TO THE TUSCA WILLA
LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE.
MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR
MILLER. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
"I WILL NOMINATE RANDE THOMPSON" TO THE TUSCA WILLA
LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE.
MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR
MILLER. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - JUNE 23. 2003
PAGE 190F27
"I WOULD LIKE TO NOMINATE ALICE BARD FOR ANOTHER TERM" ON
THE BEAUTIFICATION OF WINTER SPRINGS BOARD. MOTION BY
COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
"I WILL NOMINATE KATHLEEN ANDREWS" TO THE BEAUTIFICATION
OF WINTER SPRINGS BOARD. MOTION BY COMMISSIONER BLAKE.
SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
REGULAR
24. F. Public Works Department
Requesting Approval Of The Final Design Of The Fisher Road Paving, Drainage
And Traffic Calming Design.
Mr. Kip Lockcuff, P.E., Public Works/Utility Department Director addressed the City
Commission and introduced Mr, David Mahler with CPH Engineers, Inc.
Mr. David Mahler, Professional Engineer, CPH Engineers, Inc., 1117 East Robinson
Street, Suite C, Orlando, Florida: also addressed the City Commission.
Discussion.
Mr. Lockcuff added, "The next time we should be back to you would be probably the first
meeting in August to approve the Bid award."
"I WILL MAKE A MOTION THAT WE APPROVE THE FINAL DESIGN FOR
FISHER ROAD AS DEPICTED IN ITEM 'F.'" MOTION BY DEPUTY MAYOR
MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 20 OF 27
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
A recess was called at 8:40 p,m.
The Meeting reconvened at 8:58 p.m,
REGULAR
25. G. Community Development Department - Planning Division
Requests That The City Commission, In Its Capacity As The DRC, Approve Minor
Variations From The Floor Plans And Building Elevations Reviewed And Approved
November 11, 2003 On Building 1 (Multi-Tenant Building At Corner Of Tuskawilla
Road And State Road 434).
. Ms. Sahlstrom addressed the City Commission on this Agenda Item.
Discussion.
Commissioner Blake returned to the Commission Chambers at 8:59 p.m.
Note: There were technical difficulties with Tape 2/Side B.
Tape 3/Side A
Discussion,
"I WOULD LIKE TO MAKE A MOTION WE APPROVE THE MINOR
VARIATIONS OF THE FLOOR PLANS AND ELEVATIONS AS PRESENTED
INCLUDING THE COLORS." MOTION BY COMMISSIONER BLAKE.
SECONDED. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
MOTION CARRIED.
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CITY OF WINTER sPRiNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 21 OF 27
.:..:. AGENDA NOTE: REGULAR AGENDA ITEM "I" WAS DISCUSSED
NEXT, FOLLOWED BY THE REMAINDER OF THE REGULAR AGENDA, AS
DOCUMENTED. .:. .:.
REGULAR
REGULAR
27. I. Office Of The City Manager
Requesting The City Commission Take Regular Agenda "H" Of June 9, 2003 From
The Table To Approve A Second Modification Amendment To The Development
Agreement With JDC Calhoun, Inc. Regarding Building 1\.
Manager McLemore opened the discussion and stated, "There was one (I) suggested
change that Staff wouldn't have any problems related to the fire ratings of the walls. The
intent was to have two-hour wall rating between tenants - inside the building, and
apparently that language that we have used is causing them little problems, so we don't
have any problem with changing two-hour rating for interior walls that separate tenants,"
Deputy Mayor Miller stated, "On page 3 of 4 - the paragraph - between Q} and 3.0, the
first sentence reads, 'The City agrees all other buildings on the JDC Property may be one
(1) story occupancy buildings provided that JDC constructs the buildings to a height of at
least two (2) stories' - is it understood here from this language that this does not apply to
Main Street and the buildings that we have already agreed will be..." Manager
McLemore responded, "That is correct." Commissioner David W. McLeod added, "Is it
clear to their Attorney?" .
Mr. Charles Carrington, Esquire, Greenberg Traurig, P.A., 450 South Orange Avenue,
Suite 650, Orlando, Florida: stated, "The language is clear."
"I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE ITEM'!'
WITH THE CHANGES AS POINTED OUT BY THE CITY MANAGER -
SECTION 2.0 f) ~." MOTION BY COMMISSIONER McLEOD. SECONDED
BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 22 OF 27
REGULAR
26. H. Community Development Department
Requests That The Commission Approve The Final Subdivision Re-Plat For
Wagner's Curve And Authorize Its Recordation.
Mr. Baker addressed the City Commission.
Discussion,
Mr. Baker stated that under FINDINGS: 6) C., "Is inclusion of a ten foot (10') wide utility
easement on the commercial part of the property. I believe everybody has received
correspondence from Mr. Leerdam objecting to that, stating that that creates some
problems for him at this time, You have the Memo from Public Works Department, but I
just asked Mr. Lockcuff if that - easement could be provided at a later date, if that would
cause him any problems. And he stated that as long as we get the easement, that that does
not have to be on this plat, so apparently there is some flexibility there."
With discussion, Commissioner Blake asked Attorney Garganese, "Can we approve this,
this evening subject to Leerdam providing us a document that is recordable that will
provide for the easement on Parcel 2, outside of this procedure." Attorney Garganese
stated, "If the Commission thinks it is necessary to have an easement, then the preference
would be to have it in the plat, however - if you want to basically give the landowner a
break here and not make him go back and redo the plat; then I think it is a reasonable
condition to require a separate instrument as a condition of approving the plat."
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE
WAGNER'S CURVE REPLAT SUBJECT TO A SEPARATE INSTRUMENT
THAT IS RECORDABLE BEING DELIVERABLE TO THE CITY OF WINTER
SPRINGS THAT CONVEYS A TEN FOOT (10') EASEMENT FOR UTILTIIES -
ACROSS THE TEN FOOT (10') FRONTAGE OF PARCEL 2 BORDERING
STATE ROUTE 434." MOTION BY COMMISSIONER BLAKE. SECONDED
BY DEPUTY MAYOR MILLER. DISCUSSION
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 23 OF 27
REGULAR
28. J. Office Of The City Manager
Presenting Information Regarding Purchase Cards As Requested By The City
Commission.
(This Agenda Item Will Be On The July 14, 2003 Agenda Due To A Delay With
Information Being Provided By Bank Of America.)
REGULAR
29. K. Office Of The City Manager
Requesting Commission Authorization To Implement Wage, Retroactive Pay, And
Paramedic Incentive Increases For The Unionized Firefighters Subject To Approval
By The Winter Springs Professional Firefighter's Local 3296.
(This Agenda Item Will Be Available Friday, June 20, 2003, Subject To Ratification By
The Firefighter's Union.)
NOTE: No information was provided related to this Agenda Item and the Agenda Item
was not addressed during this Meeting,
REGULAR
30. L. Office Of The City Manager
Requesting The Mayor And City Commission Appoint Members To The Davis
Properties Affordable Housing Due Diligence Committee.
MAYOR BUSH STATED, "TOM BROWN AND DON GILMORE IS WHO I
RECOMMENDED."
DEPUTY MAYOR MILLER SAID, "I WOULD LIKE TO APPOINT WILLIAM
POlE AND RICHARD GENNELL."
COMMISSIONER BLAKE STATED, "I WOULD LIKE TO APPOINT MARK
LAMMERT AND CINDY GENNELL."
COMMISSIONER SALLY McGINNIS STATED, "I THINK THERE SHOULD BE
A REPRESENTATIVE FROM THE HIGHLANDS HOMEOWNER'S
ASSOCIATION AND I UNDERSTAND THE PRESIDENT CANNOT SO - IT
COULD BE PAUL BUSCEMI, A MEMBER OF THEIR BOARD - JIM CHARLES
WHO IS PRESIDENT OF GREENSPOINT HOA [HOMEOWNER'S
ASSOCIATION]."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23. 2003
PAGE 24 OF 27
COMMISSIONER McLEOD STATED, "I WOULD LIKE TO HAVE NED
VOSKA - APPOINTED TO THAT BOARD AND ALSO, MR. HOWARD
CASMAN."
COMMISSIONER McGINNIS SPOKE OF WANTING TO MAKE OTHER
APPOINTMENTS AS THERE WERE NUMEROUS INTERESTED
INDIVIDUALS IN HER DISTRICT. MAYOR BUSH SUGGESTED, "YOU MAY
WANT TO GIVE THOSE NAMES TO THE CLERK AND IF COMMISSIONER
[EDWARD] MARTINEZ, [JR.] NEEDS SOME RECOMMENDATIONS, HE
MIGHT CHECK WITH THE CLERK." MAYOR BUSH ADDED, "YOU MIGHT
CALL COMMISSIONER MARTINEZ AND LET HIM KNOW THAT SOME
OT.HER NAMES WERE MENTIONED."
COMMISSIONER McGINNIS SUGGESTED, "WE SHOULD HAVE SOME
ALTERNATES." MAYOR BUSH STATED, "WE WILL ASK THE [CITY]
CLERK TO CONFIRM WITH THOSE WHO HAVE BEEN APPOINTED AND
THEN IF THEY CANNOT SERVE OR WON'T SERVE THEN - WE WILL
COME BACK TO THE NEXT MEETING AND FILL THE SLOTS."
MANAGER McLEMORE STATED, "I WOULD LIKE TO APPOINT SOMEONE
FROM THE GOLF COURSE..." COMMISSIONER McGINNIS SUGGESTED,
"...JUST SAY THE MANAGER..." MANAGER McLEMORE ALSO
. NOMINATED RICHARD GROGAN.
"MOTION TO APPROVE THE NOMINATIONS." MOTION BY DEPUTY
MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
DEPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN
THE ORDER AS DOCUMENTED. .:..:.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 25 OF 27
REPORTS
REPORTS
32. B. City Manager - Ronald W. McLemore
Manager McLemore opened up discussion on the need for a couple of additional Budget
Workshops. With discussion on this issue, Mayor Bush suggested, "You have got four
(4) issues on June 30th." Next, Mayor Bush stated, "We need to pick a date for the [City]
Manager, Commission, [City] Clerk - can we do that before the Meeting on [July] 14th_
at 5 o'clock?" Manager McLemore stated, "1 think so." Mayor Bush added, How about
July 14th for the second one [column] there - maybe we ought to say 5 o'clock." Mayor
Bush added, "Mr. McLemore, at 5:30 p.m., would that give us enough time?" Manager
McLemore stated, "I think we will be through those in a few minutes."
. With discussion, the wrap-up of Budget issues was scheduled for July 21S\ 2003 at 6:30
p.m. Manager McLemore added, "For the wrap-up, 1 added two (2) things, one obviously
is the Pension issue needs to come back to you. Is that a satisfactory time frame?"
Commissioner Blake stated, "Yes." Manager McLemore then said, "I also added the
Police Laptops."
REPORTS
31. A. City Attorney - Anthony A. Garganese
Attorney Garganese stated, "On the Potchen versus Winter Springs case, we recently had
Commissioner McLeod's deposition,"
Next Attorney Garganese stated that regarding the Rawlins versus City of Winter Springs
case, an Answer Brief was given "To the City Manager, so a copy of that should probably
be in your box sometime soon."
Furthermore, Attorney Garganese advised the City Commission that "Still no decision on
the Minter case."
Brief discussion,
Regarding Colt Drive, Attorney Garganese stated, "We got the final Title Report back -
the owner of Colt Drive is Richland Properties. 1 forwarded all of the information, the
new survey, and the Title work to Richland Properties."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 26 OF 27
REPORTS
33. C. City Clerk - Andrea Lorenzo-Luaces
City Clerk Andrea Lorenzo-Luaces reminded the City Commission about the Budget
Workshop scheduled for Monday, June 30, 2003 from 6:00 p.m. - 9:00 p.m.
Also, City Clerk Lorenzo-Luaces confirmed the date for the Advisory Board and
Committee Appreciation Dinner as Friday, August 8, 2003.
REPORTS
34. D. Commission Seat OnelDeputy Mayor - Robert S. Miller
No Report.
REPORTS
35. E. Commission Seat Two - Michael S. Blake
No Report,
REPORTS
36. F. Commission Seat Three - Edward Martinez, Jr.
Absent.
REPORTS
37. G. Commission Seat Four - Sally McGinnis
No Report.
REPORTS
38. H. Commission Seat Five - David W. McLeod
No Report.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 23, 2003
PAGE 27 OF 27
REPORTS
39. I. Office Of The Mayor - John F. Bush
Mayor Bush commended the City of Winter Springs' Police Department for fmding a
purse recently stolen from Winter Springs High School. Mayor Bush stated, "I told the
Chief [Daniel J. Kerr] to pass that on to the people who were involved."
Secondly, Mayor Bush added that he would not be able to attend the Workshop scheduled
for Monday, June 30, 2003, and that Deputy Mayor Miller would need to run that
Meeting.
Deputy Mayor Miller commended Mayor Bush for the way this Meeting was run.
ADJOURNMENT
Mayor Bush adjourned the Meeting at 9:41 p,m.
. RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES, CMC
CITY CLERK
APPROVED:
JOHN F. BUSH
MAYOR
NOTE: These Minutes were approved at the
, 2003 Regular City Commission Meeting.
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