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Home My WebLink About2003 06 09 Consent M Unapproved Minutes from the May 27, 2003 City Commission Special Meeting COMMISSION AGENDA ITEM M Consent X Informational Public Hearings Regular June 9. 2003 Regular Meeting Mgr. / Dept. Authorization CONSENT M. Office Of The City Clerk Requesting Approval Of The May 27, 2003 City Commission Special Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING MAY 27,2003 CALL TO ORDER The Special Meeting of Tuesday, May 27, 2003 of the City Commission was called to order by Deputy Mayor Robert S. Miller at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present (via teleconference call) Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:33 p.m. City Attorney Anthony A. Garganese, arrived at 6:33 p.m. Deputy Mayor Miller led the Pledge of Allegiance after a moment of silence. Agenda Changes were discussed next. City Manager Ronald W. McLemore arrived at 6:33 p,m. City Attorney Anthony A. Oarganese arrived at 6:33 p.m. AWARDS AND PRESENTATIONS None. PUBLIC INPUT Mr. Jason Zinno, 612 Tina Lane, Winter Springs, Florida: spoke about the time constraints related to his request for an Accessory Building scheduled to go before the Board of Adjustment and then the City Commission. ~ ~ ~ ~E C2> ~ ~-- ~. iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 27, 2003 PAGE 2 OF 25 In discussion with Manager McLemore, Mr. John Baker, AICP, Senior Planner, Community Development Department, stated that there was another individual, Mr. Paul Starks who was also in the same position as Mr. Zinno. Commissioner Michael S. Blake suggested, "If the Clerk's Office could simply have the Board of Adjustment determine whether or not they would be willing to have their decision transmitted without their final approval to us, then I think we would probably be able to move forward." Discussion. Commissioner David W. McLeod stated, "I would be in favor of suspending our rules on this one, however I would make sure that we do it for both parties." Further, Commissioner McLeod said, "Could we get the Minutes typed up, maybe with a sign-off by the Chairman." Manager McLemore said, "Vote to suspend the rules on this one." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: NAY DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Ms. Lurene Lyzen, 627 Marni Drive, Winter Springs, Florida: a letter was passed out to the City Commission. Ms. Lyzen then read from the letter which discussed a proposed affordable housing project. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: advised the City Commission that he was handing in $925.00 dollars collected for the Paw Park project, and gave the money to Manager McLemore. Commissioner Blake complimented Mr. Rucci on his efforts. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke against the proposed Dollar General Store and an affordable housing project proposed for the City of Winter Springs. s ~ ~ D3.:7'bl C2~ e~ ::=::-~. ' ~.2J l; ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 3 OF 25 Ms. Judy Benson, 1212 Orange Avenue, Winter Springs, Florida: commented on a deeded Easement running in the proximity of Orange Avenue. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER AS DOCUMENTED. .:. .:. CONSENT CONSENT 1. A. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation In The Amount Of $46,669.00 To Re-Roof The Central Winds Park Building And Dugouts, Replace The Central Winds Park Playground, And Replace The 2 Ball- Field Backstops At Sunshine Park From The Land Acquisition And Park Improvements Fund. CONSENT 2. B. Parks And Recreation Department Requesting The City Commission To Approve A Supplemental Appropriation In The Amount Of $38,875.00 For Two (2) Un-Budgeted Summer Sports/Athletic Program Expenses Which Will Be Offset By An Increase In The Two (2) Sports/Athletic Program Revenues That Were Previously Unbudgeted. Commissioner Sally McGinnis commented that, "I think it is inappropriate to put on the material that you are giving out, the official recruitment logo from the U.S. Government." CONSENT 3. C. Public Works Department Requesting Approval Of The Disposal Of Surplus Items By Auction From The Public Works, Utility, Fire, Finance And Parks And Recreation Departments. Discussion. CONSENT 4. D. Community Development Department Requesting Supplemental Appropriation For The Building Division Plans And Inspections Budget. Discussion. (~d Q::~~ f'.~ c;;;.rs---. I-~ ~ ~ ~ ~~ ~ ~ ;J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 27, 2003 PAGE 4 OF 25 "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 5. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Regarding the Colt Drive issue, Commissioner Edward Martinez, Jr. inquired, "Why isn't it possible for the City to take that piece of land?" Attorney Garganese spoke about the current status of Colt Drive and spoke of current efforts to obtain Title of Colt Drive. Discussion ensued on the proposed Dollar General Store. Related to the issue of economic viability, Deputy Mayor Miller asked, "Is this something that has been addressed by other communities in terms of legislation." Furthermore, Deputy Mayor Miller stated, "From a community standards standpoint, have other communities looked into this issue and if they have, I would be interested in finding out what other cities have done. " With further discussion, Deputy Mayor Miller then stated, "I will withdraw the request of the City Attorney." Deputy Mayor Miller added, "I will make it my personal business to look into this and see what other cities have done." Attorney Garganese said, "1 was going to talk to the Planning Department to see if they could contact the Planning Institute - to see if there are any white papers written on regulating economic viability/slum and blight or regulating the kinds or types of businesses that are permitted within a certain geographic area." Commissioner McGinnis stated, "I would like to proceed with that." Deputy Mayor Miller added, "You will just ask the Planning Department?" r=g ....~ ,:' '=0 ;",.~ 'r:5l ''r:~ , '2] ::\~ "~ -,."..~..:J . '::5'1 --=-~ \~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 5 OF 25 INFORMATIONAL B. Not Used. INFORMATIONAL 6. C. Parks And Recreation Department Requests That The City Commission Review Information On The Community Youth Organization (C.Y.O.) Supervised Basketball Summer Program At Torcaso Park. INFORMATIONAL 7. D. Finance Department Relaying Information To The City Commission Regarding FY 03 Supplemental Appropriations To Date. MOTION TO APPROVE INFORMATIONAL AGENDA. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 8. A. Office Of The City Attorney Requests That The City Commission Consider For 1st Reading Ordinance 2003-21 Which Corrects A Scrivener's Error In Ordinance 2003-04. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. <r'C_-'~ ., -..0<) l,' "'::1:'0 "'" ~:"-.=8 r:~,':;^,:,,~ 1";. . -,,{l \:> ;;',~'2J ~~...C" ,~-=fJ. t.::::::::J fr':S'281~b / .,> "'-" ~ ~~ L~~ Cf;J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 6 OF 25 Attorney Garganese read the Ordinance by "Title" only. Discussion. Deputy Mayor Miller opened the "Public Input H portion of this Agenda Item, No one spoke. The "Public Input H portion of this Agenda Item was closed. Tape I/Side B MOVED TO SECOND READING. MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 9. B. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2003-18, That Would Annex Four (4) Contiguous Parcels Equaling 3.13 Acres, Owned By Pullen, Heitlage, Conti & Duffy At 1204, 1206, 1208 And 1210 Orange Avenue. Deputy Mayor Miller stated, "Motion to read by 'Title' only?" "YES." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ~~ [i(~~ c-~ ~ ~0 ~8 Cz.-::;::::;l C2:~ ~.. ~=:4:~ "",-'lfj!-:::;'] ~~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 7 OF 25 Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented her introductory remarks to the City Commission regarding this Public Hearing. Discussion. Deputy Mayor Miller opened the "Public Input" portion of this Agenda Item. Ms. Judy Benson, 1212 Orange Avenue, Winter Springs, Florida: briefly spoke from her seat and reiterated the comments that she stated under "Public Input." Deputy Mayor Miller closed the "Public Input" portion of this Agenda Item. Deputy Mayor Miller stated, "I am looking for a Motion to approve and move to a Second Reading." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Commissioner McLeod added, "When this packet comes back to us - will we make sure there is a copy of those Warranty Deeds, still with our packet, as a reminder." PUBLIC HEARINGS 10. C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-17, Repealing Winter Springs Code Section 20-59. "MOVE TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ~~ ro:~ ~~ ~ ~~J ~..:eJ C=V ~ ~'j CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 27, 2003 PAGE 8 OF 25 Commissioner McGinnis left the dais at 7:27 p.m. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE Commissioner McGinnis returned to the dais at 7:29 p.m. COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2003-17 by "Title" only. Deputy Mayor Miller opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR REGULAR 11. A. Office Of The City Manager J.D.C. Calhoun Requesting The City Commission To Consider Removing The May 12,2003 Regular Agenda Item "G" From The Table For Consideration. "MOTION TO TAKE THE ITEM OFF THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. M ~ ~ []r:.:.;<&V ~ E;-',~..?J ~ (t'-9 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 9 OF 25 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Discussion Mr. Charles Carrington, Esquire, Greenberg Traurig, P.A., 450 South Orange Avenue, Suite 650, Orlando, Florida: representing the James Doran Company, Mr. Carrington addressed the City Commission. Discussion. As requested by Deputy Mayor Miller, City Clerk Andrea Lorenzo-Luaces read back the Motions that were on the floor when this Agenda Item was last discussed (and subsequently Tabled) during the May 12,2003 Regular Meeting. The following Motions were stated: "I WOULD LIKE TO MAKE A MOTION AT THIS TIME THAT WE DO ALLOW THE DEVELOPER TO BUILD-OUT THE BUILDING 1 AS A - TWO STORY BUILDING, POTENTIALLY WITHOUT AN INTERMEDIATE FLOOR BETWEEN THE TWO STORIES. HOWEVER, THE WINDOWS HAVE TO BE REAL WINDOWS IN THE SECOND STORY. THE BUILDING HAS TO BE ABLE TO ACCOMMODATE IN THE FUTURE, THAT IF THE MARKET DRIVES IT TO BE ABLE TO HAVE A SECOND STORY FLOOR THAT IT BE PUT IN IT; AND ELEVATOR SHAFTS TO BE PUT IN IT, SO THAT IT COULD BE CONVERTED BACK QUITE SIMPLY. IT WOULD NEED TO BE BUILT UNDER THE RECOMMENDATIONS OF THE a) AND THE b) AND c) THAT I JUST PRETTY WELL OUTLINED. d), I HAVE NOT GOT A PROBLEM WITH - WITH THE EXCEPTION THAT THE DEVELOPER ALWAYS HAS THE RIGHT TO COME BACK BEFORE THIS COMMISSION IF HE CANNOT GET IT RESOLVED BETWEEN THE CITY MANAGER AND STAFF. e) - WE COVERED EARLIER THAT THE INTERMEDIATE DIVIDE WALLS MUST MEET THE FIRE RATING OF TWO HOURS. THE SPRINKLER SYSTEM OF THE SHELL SHALL BE CONSTRUCTED TO MEET THE BUILDING AS DETERMINED BY THE FIRE MARSHALL - NOT THE MAXIMUM POTENTIAL. I THINK AS LONG AS YOU HAVE AMPLE WATER SUPPLY TO THE BUILDING, THEN THE SPRINKLER SYSTEM LATER CAN BE UPGRADED FOR THAT. ~~ ~' :9 t ,,:0 '. ;';,-.{] i:P B' .'2] :21 , :'9 , ..22 .,:~ :'~~ ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 27, 2003 PAGE 10 OF 25 THE WALLS AND FOUNDATIONS OF g) I TOTALLY AGREE TO AS IN OUR HANDOUT; AND THE h), HOWEVER, THE MAXIMUM POTENTIAL BUILD- OUT OF THE BUILDING FOR THE AIR CONDITIONING - AS YOU AIR CONDITION A BUILDING OF THAT NATURE, AND YOU SEE THE HIGH CEILINGS, AND YOU SEE THE AIR DUCTS DOWN AT ABOUT TWELVE FEET (12') RATHER THAN BACK UP AT THE EIGHTEEN FOOT (18') LEVEL - IT IS BECAUSE THE AIR WILL BECOME STAGNANT IN THE HIGHER PART OF THE BUILDING AND YOU REALLY DO NOT HAVE TO ADDDRESS THAT FROM AN ENERGY STANDPOINT OF TRYING TO CONDITION THAT SPACE, BUT AS LONG AS THE BUILDING IS ADEQUATELY DESIGNED TO BE ABLE TO ADD ADDITIONAL AIR CONDITIONING IN THE FUTURE, THERE SHOULD NOT BE A PROBLEM WITH IT AND THAT IS THE SAME WAY - THE BIGGER QUESTION IS DOES IT HAVE ADEQUATE POWER FOR FUTURE AIR CONDITIONING. ALONG WITH THAT CAVEAT, I WOULD THEN WANT TO HAVE BUILDINGS 2, 3, AND 4 - BUILT AS TWO STORY BUILDINGS, OTHER THAN THE ATRIUM AREAS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION SPECIFIC TO THE DISCUSSION OF ONE STORY OR TWO STORIES AND THE AMENDMENT WOULD ALLOW - THE ABILITY OF THE BUILDING TO HAVE A TWO STORY ATRIUM USE FOR THOSE AREAS WHERE THE USE IS AS A RESTAURANT ON BUILDING 1. REMAINING AREAS MUST BE TWO STORIES FLOORED OUT IN BUILDING 1." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. Mr. Carrington then stated, "First of all, a couple of clarifications - there is a reference to the elevator shafts, and our understanding of the Motion is that we would not be required to put elevator shafts in. We would be required to design and engineer the building in such a manner that the building could accommodate elevator shafts at a later date - if required at a later date." Commissioner McLeod stated, "That was the intent of the Motion - for clarification." Next, Mr. Carrington said, "We want to be clear everyone understands the applicant here is proposing to commence construction of the building as designed by the Architect." Mr. Carrington added, "James Doran Company is planning to build the building, for which plans have been submitted to the City; James Doran Company is awaiting a building permit - so the building that would be built would not have an intermediate floor. The language of the Motion was that the building would be potentially without an intermediate floor and we just want to be up front that the building would not have an intermediate floor, but that is consistent with what was contemplated by Commissioner McLeod's Motion, I believe. ~ ~ ~~ D-..~ rr~cJ L~)5j ~&J ~~ '1.-c-"~. . . \.....~t.~ . ,,,,,,,,,,.:<1 .~~- , r"-,-,,, :~~ . ~.-:: -2J .~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 11 OF 25 The other point, and this is the last one, is simply that what James Doran Company has determined it can do after looking at the numbers and the effect - on the numbers, what's proposed here is that Buildings 2, 3, and 4 is to proceed along the lines of Commissioner McLeod's Motion without the Amendments that were discussed that night." Deputy Mayor Miller said to Mr. Carrington, "In other words, you would prefer to go with the Main Motion, but not the Amendment?" Mr. Carrington stated, "What we are prepared to do is if we can get it approved tonight, we'd like to proceed with Commissioner McLeod's proposal as presented in his Motion." With discussion on being "Market driven" and Commissioner McLeod's Motion, Commissioner McLeod added, "The Motion, the way it was read off here is - verbatim, the way I made that Motion." VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: NAY MOTION DID NOT CARRY. VOTE: (ON THE MAIN MOTION) COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Attorney Garganese stated, "I take - implied in that is authority for the City Manager to execute an Amendment to this Development Agreement, because that was the Agenda Item - to amend the Development Agreement, it has to be in writing pursuant to the original Development Agreement." Deputy Mayor Miller stated, "Correct." Attorney Garganese added, "That's implied, the City Manager has the authority to execute it." Commissioner McLeod said, "As the Motion." REGULAR 12. B.l Community Development Department Requesting The City Commission To Approve A Master Development Agreement Between The City And Davis Heritage Properties G.P. Holdings, LLC. Mr. Baker introduced this Agenda Item. ~~ ~ ~~ . )"--'-' -"'0 ~gJ ~~ GE ~~ ~ CS==v CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 12 OF 25 Much discussion. Deputy Mayor Miller stated, "I don't have any objection to the Master Plan, what I do object to is the concept of low income housing," Deputy Mayor Miller added, "I would like to see that Struck." Tape 2/Side A Mr. Kevin J. Bzoch, Zoning/Site Selection, Davis Heritage, Ltd" 20725 SW 46th Avenue, Newberry, Florida: addressed the City Commission and spoke for the record about getting together with area residents. ~ ~ ~ '".~. ' ~"""'e ~---2J Cf'~ ,.""",,,i:-':::J G~.~ L;:::.:==.1 ~ Mr. Bzoch then stated, "The topic of market rate - if you would prefer, that the wording be changed to housing, that is what we are doing, is we are providing housing." Mr. Bzoch added, "This is not a subsidy, let me make that very clear, this is not a subsidy, They have to qualify the income. There are criminal checks and there are credit checks, and we require it on all of the residents." Next, Mr. Bzoch stated, "As far as wetlands, Commissioner Martinez, that is important to us as well. We are having BDA [Breedlove, Dennis & Associates, Inc.] do a wetlands study. We are waiting for the finalization of that study. Of course it would be addressed for the final site plan. But if you have a site plan handy, you may note that the units have been brought forward, towards the road and to the sides. The wetlands as we understand them, and as BDA [Breedlove, Dennis & Associates, Inc.] will determine them, are in between the golf courses, so we are bringing our parking, we are bringing our housing away from those areas, and that is important to us." Commissioner Martinez asked Mr. Bzoch, "Would you be able to provide me with a copy of the BDA [Breedlove, Dennis & Associates, Inc.] report?" Discussion. Manager McLemore stated, "On the project that is going to be an affordable project, what is the mixture of market rate to affordable in that project?" Manager McLemore then said to Mr. Bzoch, "The way this was structured it was not going to be a 100% affordable housing project - there was a mixture of market rate to moderate to low in this project." Mr. Bzoch stated, "That's correct." With further discussion, Manager McLemore asked, "Were some of the units in that project to be full market rate units?" Mr. Bzoch responded, "I believe that that is how Lisa [Stephens, Comptroller and Development Coordinator, Davis Heritage, Ltd.] had started out her Performa." Manager McLemore said, "I think that's what was represented before. I think that is an important point that we need to know about." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 13 OF 25 With discussion on what percentage was market rate, Commissioner McLeod suggested, "We can go back and pull the tapes." Furthermore, Commissioner McGinnis said to Mr. Bzoch, "This is not a government subsidy - this is not the same as a 'Section 8.'" Mr. Bzoch responded, "That is correct. It is not." Discussion. Deputy Mayor Miller stated, "If you wanted to allow us to change the wording to put both projects are market rate, I think we can go ahead this evening." Additionally, Deputy Mayor Miller stated, "If you would like to change the B.2 item to also reflect market rate, I think I would support it." Mr. Bzoch stated, "One of the things that I was excited about that I learned subsequently was your Landscape Easement. We'd love to incorporate that into the design and I look forward to seeing what is going to unfold on [State Road] 434. As a matter of fact, it's a part of this Development Agreement." Mr. David J. Stockton, Acquisition/Development, Davis Heritage, Ltd., 20725 SW 46th Avenue, Newberry, Florida: addressed the City Commission. Much discussion. Commissioner Martinez stated. "Point of Order" and spoke of the discussions. "I AM GOING TO MAKE A MOTION THAT WE DISAPPROVE ITEM B.1." MOTION BY DEPUTY MAYOR MILLER. MOTION DIED FOR LACK OF A SECOND. Manager McLemore suggested the City Commission "Add language to this Agreement that makes it subject to the Commission's evaluation of their existing properties." "I WOULD LIKE TO MAKE A MOTION - THE MOTION WOULD BE: ON B.l - THAT WE WOULD APPROVE THE DEVELOPMENT AGREEMENT ON B.l WITH A CAVEAT THAT THE MEMBERS OF THE COMMISSION, MEMBERS OF STAFF HAVE THE NEXT THIRTY (30) DAYS TO GO OUT, VIEW AND TAKE A LOOK AT THE PROPERTIES AND REPORT BACK THEIR FINDINGS - IF THEY ARE SATISFIED, DISSATISFIED WITH THOSE PROPERTIES AND THAT WE WOULD MOVE FORWARD IN GOOD FAITH." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BL~KE. DISCUSSION. ~.~;::J ~ '-~;=,-, &ll~ !';'-1:.8J ",a:r-~ . -<8 i:'?b1 :~;~ ,.~.~::2~ "r~ I_.~ ts' :c:' dJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 14 OF 25 ATTORNEY GARGANESE STATED, "I THINK IT IS IMPLIED IN THE MOTION, THAT IN THE EVENT AFTER THIRTY (30) DAYS YOU COME BACK AND IF YOU SAY YOU DON'T LIKE WHAT YOU SEE, YOU DON'T LIKE HOW THE PROPERTIES ARE BEING KEPT, YOU DON'T LIKE HOW THEY MANAGE THEIR PROPERTIES, THAT THE COMMISSION HAS THE RIGHT TO TERMINATE." Tape 2/Side B VOTE: COMMISSIONR MARTINEZ: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 13. B.2 Community Development Department Requesting Commission Approve A Development Agreement For A Multi-Family Development On An Approximately IS-Acre Tract Located On The North Side Of State Road 434, Between The Winter Springs Golf Club And The Golf Terrace Apartments. Mr. Baker introduced Agenda Item B.2. Manager McLemore stated, "1' d suggest that that same language be put into this Agreement - on the thirty (30) day due diligence, if you choose to go forward." Commissioner McLeod said to Attorney Garganese, "Can we not put into this particular Agreement, the affordable housing - can we not put into this Agreement - the percentage of what that is to be?" Commissioner Blake suggested, "Can't we just put in here the maximum allowable market rate." Discussion. Mr. Stockton stated, "The Tax Credit laws have regulations. One of those regulations is a maximum number of market rate units allowable within a single development and I don't have - the exact number, but we can add that language - that whatever the State requires, we will provide the maximum number of those units." ~ ~ ~dJ C=:=;--~c;::,'l ~.J cS"?2 ~ ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 15 OF 25 Members of the Commission asked if Mr. Stockton could contact someone regarding what the true percentages are, that are in question. A recess was called at 8:57 p.m. Deputy Mayor Miller called the Special Meeting back to order at 9:06 p.m. Mr. Stockton stated, "Seventy percent (70%) of the units have to be affordable - that's Florida Statutes - thirty percent (30%) can be market rate." "MOTION TO DENY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION DID NOT CARRY. Attorney Garganese stated, "The Agreement did not pass. There was a Motion to deny the Agreement and that failed, 3 to 2. So now you have a clean slate to approve the Agreement with any changes that you may want to have incorporated into the Agreement like a Termination provision, if you are not happy with site inspections." Attorney Garganese added, "The Agreement as presented is not consistent with the condition you placed on the Master Agreement. I would recommend that you put that same condition in this Agreement granting the Commission the right to terminate if you are not happy with the site inspection." "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE DEVELOPER'S AGREEMENT WHICH IS ITEM B.2, SUBJECT TO THE SAME CONDITION, THAT BEING THE THIRTY (30) DAY INSPECTION PERIOD THAT WAS PLACED ON THE MASTER DEVELOPMENT AGREEMENT THAT WAS PREVIOUSL Y DISPOSED OF. SECONDLY, I WOULD HAVE THE CONDITION THAT NOT LESS THAN THIRTY PERCENT (30%) OF THE UNITS WOULD BE MARKET RATE IN THE - CYPRESS POINTE PROJECT - ADOPTION OF THE DEVELOPMENT AGREEMENT SUBJECT TO THOSE TWO (2) POINTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. AMENDMENT TO THE MOTION THAT "WE DO THE RESEARCH, OUR STAFF AND COME BACK TO US AND LET US KNOW WHAT THE MAXIMUM MARKET DRIVEN PERCENTAGE OF THE HOUSING CAN BE - AND THAT IS WHAT THE PROJECT WOULD BE DEVELOPED TO." s ~ ~ ~ ~ jj;!'~=8 CE:.~ ~~ [~ Q~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 16 OF 25 AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ATTORNEY GARGANESE STATED, "NOW THAT WE ARE ADDING LANGUAGE TO THE AGREEMENT REGARDING THE AFFORDABLE HOUSING MIX, IN THE UNLIKEY EVENT THAT THEY ARE NOT SUCCESSFUL IN GETTING YOUR TAX CREDIT FINANCING, THEN THIS WILL BE A 100% MARKET RATE APARTMENT." ATTORNEY GARGANESE THEN INQUIRED, "WHAT HAPPENS IF YOU DON'T GET YOUR APPLICATION APPROVED?" MR. STOCKTON STATED, "WELL, CERTAINLY, THEORETICALLY IF WE MOVE FORWARD, THAT WOULD BE THE CASE. YES. IT WOULD HAVE TO BE." ATTORNEY GARGANESE ADDED, "SO I WOULD BE ADDING LANGUAGE LIKE THAT AS A CATCH- ALL AT THE END, BUT I THINK THAT IS UNLIKELY." COMMISSIONER McLEOD STATED, "CAN WE NOT PUT THAT INTO THE LANGUAGE OF THE MOTION THAT I JUST MADE TO THE AMENDMENT?" ATTORNEY GARGANESE RESPONDED, "YES. THAT IS IMPLIED." COMMISSIONER McLEOD STATED, "I DO WANT TO MAKE AN ADDITION TO THAT AMENDMENT TO THE MOTION - TO PICK UP THE LANGUAGE THAT THE [CITY] ATTORNEY ADDRESSED HERE REGARDING IF IT SHOULD FALL THROUGH AND NOT BE ABLE TO GO FORWARD AS AFFORDABLE HOUSING, THEN IT WOULD GO - AS A MARKET- DRIVEN, 100%." MR. STOCKTON STATED, "WE ARE VERY WILLING TO DO THAT. I AM WONDERING, JUST FROM A TECHNICAL STANDPOINT, AND I REALIZE WE ALREADY MADE THE MOTION ON THE OTHER DEVELOPER'S AGREEMENT - IF IT SHOULDN'T REVERT BACK TO THAT DOCUMENT." ATTORNEY GARGANESE STATED, "WE ARE GOING TO COVER THAT POINT." VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: NAY MOTION CARRIED. s ~ ~ ~ ~ ~ r~~ ~ ct":jJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 170F25 VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER MARTINEZ: NAY MOTION CARRIED. REGULAR C. Not Used. REGULAR 14. D.l Community Development Department Requests That The Commission Consider The Emergency Request By Engle Homes For Approval And Recordation Of The Plat And Homeowner Documents For Barrington Estates (A.K.A. Belfaire, A.K.A. Battle Ridge). Mr. Baker spoke on this Agenda Item. Discussion. Manager McLemore stated, "I am going to recommend to the Commission that this approval be granted subject to this - we committed that we would require, as far as water management, the best practices, highest quality water management system - I believe Florida quality water standards. Mr. Baker added, "Outstanding Florida Water." Manager McLemore agreed and said, "Yes. We made a commitment to it, and I need to make sure that in fact what was designed, is being constructed." Commissioner Blake stated, "On the 'Outstanding Florida Water' issue, I don't know that we have to make any special note of that tonight because it is already memorialized in the Developer's Agreement and if they are not being developed according to that, we should shut them down, yesterday. Staff should already have been aware of this, from the very beginning and should have been monitoring specifically, that issue - from the beginning - the very first design that we would have seen." Mr. Dan Roberts, Vice President Land Operations, Engle Homes, 775 South Kirkman Road, Suite 117, Orlando, Florida: spoke to the City Commission regarding their needs. Commissioner Blake asked Mr. Roberts, "How familiar are you with the 'Outstanding Florida Water' program, as it relates to run-off and drainage?" Mr. Roberts responded, "Not at all. This is the first time I have seen it. We relied on the approved set of plans that were prepared by Boyer-Singleton," ~ ~~ ~ ~qJ 1t:':9& <:i:.~ ~~ ~.....=:J ~ ~ JJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 180F25 Further discussion. "I WILL MAKE A MOTION TO TABLE." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM D.l, THE RECORDATION OF THE PLAT AND THE HOMEOWNER DOCUMENTS FOR BARRINGTON ESTATES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 15. D.2 Community Development Department Requests That The City Commission Approve A "Second Addendum To Annexation And Pre-Development Agreement" For Barrington Estates (A.K.A. Belfaire, A.KA. Battle Ridge). Mr. Baker introduced this Agenda Item. Discussion. Tape 3/Side A Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE D.2 AS OUTLINED WITHIN THE AGENDA ITEM." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: NAY COMMISSIONER McGINNIS: NAY DEPUTY MAYOR MILLER: AYE MOTION DID NOT CARRY. ~ f:tr~ ~ ~ ~~ ~ ~ ~~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 190F25 Attorney Garganese stated, "The Plat shows a Utility Easement running across the - eastern boundary. It also shows a Landscape Buffer, not a preserve area. Is it the intent of the Commission to also require the Developer to amend the plat, consistent with your decision to not amend the Development Agreement, or leave the plat as approved, which would then create an inconsistency between the plat and the existing Development Agreement. " Discussion. MOTION TO "AMEND THIS ATTACHMENT THAT WE HAVE FOR THE DEVELOPMENT AGREEMENT, IN THE SENSE TO ALLOW FOR THE UTILITIES TO CONNECT TO THE EAST AS WATER AND SEWER AND ANY POWER REQUIREMENTS, AS UTILITIES ONLY, AND NOT TO HAVE ANY INTERCONNECTING STREETS FROM THIS DEVELOPMENT TO THE EAST - AND TO KEEP INTACT THE TEN FOOT (10') LANDSCAPE BUFFER OTHER THAN WHERE THIS UTILITY EASEMENT IS." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. "I WOULD LIKE TO MAKE A SUBSTITUTE MOTION THA T WOULD EMPOWER STAFF TO HAVE THE PLAT THAT WAS DELIVERED TO US ADJUSTED TO COMPL Y AND CONFORM WITH THE EXISTING DEVELOPER'S AGREEMENT AND IT WOULD BE APPROVED SUBJECT TO THAT CHANGE WITHOUT COMING BACK BEFORE US." SUBSTITUTE MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE REITERATED HIS MOTION BY SAYING, "IT WAS A SUBSTITUTE MOTION THAT WOULD DIRECT STAFF TO HAVE THE PLAT FIXED OR ADJUSTED TO CONFORM WITH THE EXISTING DEVELOPER'S AGREEMENT. IN OTHER WORDS, TO TAKE CARE OF THOSE INCONSISTENCIES THAT THE ATTORNEY MENTIONED." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner Blake stated, "Point of Order" and spoke of the Motions on thefloor, COMMISSIONER MARTINEZ REMARKED ABOUT COMMISSIONER BLAKE'S MOTION AND STATED, "EVERYTHING GOES BACK TO THE ORIGINAL AGREEMENT." COMMISSIONER BLAKE ADDED, "IT DOES; AND IT WOULD DIRECT STAFF TO HAVE THE APPLICANT CORRECT THE PLAT TO ALLEVIATE THE CONFLICT THAT THE ATTORNEY HAS SO DUTIFULLY POINTED OUT." ~=:il """"-~....o(lJ ~^~~ ~~ l'~ F.~ ~"~ ~ r~~ Q;?",e <:S:2:l ~ cr J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 20 OF 25 VOTE: (ON THE SUBSTITUTE MOTION) COMMISSIONER McGINNIS: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: NAY MOTION DID NOT CARRY. VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. Commissioner Blake stated "Point of Order" and spoke about the last Motion. "I THINK THAT WE SHOULD HAVE A MOTION HERE TO GO BACK AND HAVE STAFF RECEIVE THE PLAT WITH THE CORRECTIONS THAT WERE POINTED OUT BY COUNSEL, AND WITH THE CHANGES THAT THIS MOTION BROUGHT FORWARD." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR E. Not Used. REGULAR 16. F. Office Of Commissioner Edward Martinez, Jr. Requesting That The April 28, 2003 Regular Agenda Item "E" Regarding The Wall For Moss Park To Be Reconsidered For Approval. MOTION TO APPROVE "$36,000.00 FOR THE WALL AT MOSS PARK." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. cr.'.~ ~ r- =0 .~ ..2] .~ '@ '~ ~~ (f'; J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 2\ OF 25 COMMISSIONER MARTINEZ SAID TO MANAGER McLEMORE, DID "CODE ENFORCEMENT GO OVER THERE AND VISIT THE OWNERS OF THOSE PROPERTIES WHOSE FENCES ARE ALL SHOT UP, BECAUSE WHEN WE DISCUSSED THIS THE LAST TIME, CAPTAIN [GLEN] TOLLESON CAME UP AND HE TOOK THE ADDRESSES AND HE WAS SUPPOSED TO HAVE GONE OVER THERE AND LOOKED AT THIS; AND ALSO THE FENCE THAT WAS COMPLAINED ON WINTER SPRINGS BOULEVARD. WAS THAT DONE?" COMMISSIONER MARTINEZ ADDED, WOULD YOU GET ME AN ANSWER?" MANAGER McLEMORE RESPONDED, "ABSOLUTELY." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner McLeod stated, "Aye, because I may want to be able to bring this back." Commissioner Blake stated, "I already asked for it. It will be on the next Agenda." REGULAR 17. G. Finance Department Requesting The City Commission Set A Budget Workshop Date To Consider Various Personnel Expense Options Related To The FY04 Budget. Discussion. Commissioner Martinez stated, "Point of Order " and noted that a Workshop date needs to be decided upon. With discussion, the City Commission decided to hold a Workshop on this issue on June 10,2003 at 6:30 p.m. Commissioner Blake was recognized regarding his upcoming Birthday. A recess was called at 10:24 p.m. Deputy Mayor Miller called the Special Meeting back to order at 10:33 p.m. Tape 3/Side B ~.. ~.~ .. . .>.. ~ ~j ~ ~ ~ ~. J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27, 2003 PAGE 22 OF 25 REPORTS REPORTS 18. A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke about Colt Drive and said they were awaiting some related documentation. Secondly, Attorney Garganese remarked about current mediation efforts related to the Esterson Construction Contract. Regarding the Summer Camp Agreement with New Covenant Episcopal Church, Attorney Garganese explained that this organization is requesting that Manager McLemore sign a "Letter of Understanding." REPORTS 19. B. City Manager - Ronald W. McLemore No Report. REPORTS 20. C. City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces inquired if the City Commission was interested in holding an Advisory Board/Committee Appreciation Dinner this year. Deputy Mayor Miller stated, "Aye." Commissioner Martinez said, "Aye." Commissioner McGinnis agreed and stated, "Aye." Commissioner Blake said, "Aye." Commissioner McLeod also stated, "Aye." Deputy Mayor Miller then said, "Andrea [Lorenzo-Luaces], bring it back to us at the next Meeting, what the alternatives are - and some recommended dates." City Clerk Lorenzo- Luaces responded, "I will do that." REPORTS 21. D. Commission Seat Five - David W. McLeod Commissioner McLeod asked, "When are we going to bring back the rest of the - Accessory Buildings" issue? w ~...~ ~ [):t.~J ~ ~ ~ ~-= 'J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 23 OF 25 With discussion on whether a Workshop should be held to further discuss this topic, Commissioner McLeod suggested to Manager McLemore, "Get yourself reacquainted with what it is, where your Staff is at, and report back where the Staff is with it, to determine what kind of a Workshop - that we need or do not need. Maybe your Staff has got a good portion of it done." Furthermore, Commissioner McLeod stated, "Bring it forward as an Informational Item." REPORTS 22. E. Commission Seat OnelDeputy Mayor - Robert S. Miller Deputy Mayor Miller asked Manager McLemore about an update on the fourplex renovations program? Manager McLemore stated, "We are trying to prepare something now and are getting ready to bring it to you." Deputy Mayor Miller added, "I would like to see it sooner than later, if at all possible." Manager McLemore stated, "Okay." REPORTS 23. F. Commission Seat Two - Michael S. Blake Commissioner Blake thanked the City Commission for the Birthday recognition. Secondly, Commissioner Blake asked Attorney Garganese about the status of the PUD [Planned Unit Development] document/Ordinance. With discussion, Attorney Garganese said that he had a draft, and said to Commissioner Blake "Do you want to review it before it goes to the Planning and Zoning Board [/Local Planning Agency]?" Commissioner Blake stated, "I would not mind seeing a copy of it. You have my email address." Attorney Garganese then suggested, "Let's send it to the Planning and Zoning Board [/Local Planning Agency] in July. I will be happy to email you what we have, if you want to take a look at it, and give me some comments." Commissioner Blake responded, "Great, I would love to." Attorney Garganese added, "And, if any of the other Commissioners want to make preliminary comments..." Commissioner Blake suggested to Attorney Garganese, "...Just send it to Andrea [Lorenzo-Luaces] and then she can send it to everybody." Next, Commissioner Blake asked about purchasing cards for the City Commission. With discussion, Commissioner Blake also suggested that purchasing cards be available "Perhaps at your level, perhaps at an individual Department level, maybe." Commissioner Blake added, "I would like to see an Agenda Item on it." Manager McLemore stated, "All right." Commissioner Miller also stated, "Make an Agenda Item on it." ~~ ~ >IW>::~~ ~":-""''"'t~ ~'rol~ ....~~,~ ",,;~ I~;~ r~~?~ ,"'Ql~ ,. <.~ +.'~~... . I~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 24 OF 25 REPORTS 24. G. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez also spoke about the need for purchasing cards for Members of the City Commission. With further discussion, Manager McLemore stated, "It is on the next Agenda." Secondly, Commissioner Martinez asked Attorney Garganese about the status of the Open Container Ordinance. Attorney Garganese said, "I will get with the Chief and find out exactly where we are." Furthermore, Attorney Garganese stated, "I will get with the Chief first thing tomorrow and get a plan of action." Next, Commissioner Martinez remarked about the Tree Ordinance and stated, "I am requesting that every Commissioner here, really sets his sights on strengthening the Tree Ordinance to the effect that people in the City who are licensed and operate a business of cutting trees down are made just as liable as any resident who fails to obey or follow the law." Additionally, Commissioner Martinez said, "I urge you to get the Code Enforcement Board tape for April 15th, and listen to it, and you will know what I am talking about." Next, Commissioner Martinez asked what action has been taken regarding "The people that ruined the two (2) trees at the entrance of Tuscawilla and Winter Springs [Boulevard]?" Commissioner Martinez asked, "What is the City doing about it?" Manager McLemore said, "I will have to go look into it." Commissioner Martinez requested, "Could you please provide me with the answer that you have on record?" Manager McLemore responded and stated, "Sure." Regarding the Boat Dock issue, Commissioner Martinez stated that he had provided copies of information on this issue from the City of Oviedo and the County. Commissioner Martinez added, "I am asking you to bring the Boat Dock issue back at the next Meeting so we can decide finally, which way we are going to go with it." Manager McLemore asked, "What is the direction of the Commission?" Deputy Mayor Miller stated, "If that is what we agreed on, then do it." Commissioner Martinez said, "That is what we agreed on." Commissioner Blake and Deputy Mayor Miller both suggested that Manager McLemore, "Find out what we agreed to." REPORTS 25. H. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke about an increase in Florida Recycling's service fees. With discussion on the rates, Commissioner McGinnis stated, "I think we need to address that." Manager McLemore stated, "I can bring you back the law and the agreements, and I can tell you whether or not they are overcharging, according to the Resolution." ",-, ,<) " ~ [; ocoQ " 5lD 2J .~ t.. '<2J ~:;2:> c::::,;~ ~ ~~iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 27,2003 PAGE 25 OF 25 Secondly, Conupissioner McGinnis asked about the status of the Borrow Pit. Discussion. REPORTS 26. I. Office Of The Mayor - John F. Bush Via telephone conference, Mayor Bush mentioned an email from a Firefighter, and asked if Manager McLemore could give an update on the situation involving the County. Manager McLemore spoke of an upcoming meeting with Seminole County, and stated, "I probably could file a report at the next Commission Meeting." ADJOURNMENT Deputy Mayor Miller adjourned the Special Meeting at 11 :02 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, ~ ~ ~~ ~ ~ ~ ~.~ ~