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Home My WebLink About2004 04 12 Consent 209 COMMISSION AGENDA ITEM 209 Consent X Informational Public Hearings Regular April 12. 2004 Regular Meeting Mgr. / Dept. Authorization CONSENT 209. Office Of The City Clerk Approval Of The March 22, 2004 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MARCH 22, 2004 CALL TO ORDER The Regular Meeting of Monday, March 22, 2004 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). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Edward Martinez, Jr., present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:50 p.m. Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. After a moment of silence, Mayor Bush led the Pledge of Allegiance. Under "Agenda Changes," Mayor Bush noted that in regards to Regular Agenda Item "504" - the Applicant "Has asked that this be pulled from the Agenda." AWARDS AND PRESENTATIONS AWARDS AND .PRESENT A nONS 100. Office Of The Mayor And City Commission Presentation Of A Key To The City And A Proclamation To Ms. Lorie Taylor, Founding Member Of The Oak Forest Wall And Beautification District Advisory Committee - In Honor And Recognition Of Her Many Contributions To The City Of Winter Springs. Ms. Lori Taylor, a long-time resident of the City of Winter Springs and Member of the Oak Forest Wall and Beautification District Advisory Committee was presented by Mayor Bush and the City Commission with a Proclamation, a "Key to the City", and a bouquet of roses for her many years of dedication to the Oak Forest community and the City of Winter Springs. ~~-J ~~ ~.J ~~:;q C9:s~J c~-""""'" @,g) r;:::::.::::::'::'> ~ e0"'~~ ""=)' [t,~:2J CSJ CITY OF WrNTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETrNG - MARCH 22,2004 PAGE 2 OF 22 City Attorney Anthony A. Garganese arrived at 6:38 p.m. PUBLIC INPUT Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: spoke about the issues related to commercial planning, and referenced the Kash N'Karry complex, the shopping center planned for near the Stone Gable subdivision, and the Town Center. Discussion. Mr. Bob Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: thanked the City Commission for their support of a Boy Scout volunteer at the last City Commission Meeting. Mr. Rucci also noted that due to some construction issues, the Temporary Paw Park Grand Opening Event will now most likely be held on Saturday, May 8th, 2004. Commissioner Michael S. Blake arrived at 6:50 p.m. Commissioner David W. McLeod noted, "I had said I would see what I could do for this Boy Scout - I did find an Architect that has offered to put his time into doing the design for it [signage] and work with him; and get it into the City and get through the permitting process with it; and when we get those drawings, I have told this young gentleman that he is welcome to come over to my barn where I have all the tools that he needs to build this - and I would be more than happy to work with him and help him erect it and I would donate a lot of the materials." Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: commented on signage quantities and sizes; and a neighbor's dogs. Mayor Bush said to Ms. Bosse, "If you have other things you are going to read, you might want to give it to the Clerk and she will circulate it to the Commission." Commissioner Robert S. Miller said, "The City Manager and the City Attorney were going to meet with Captain [Glenn] Tolleson [Police Department]. Could the Attorney kindly inform the Commission what came of those discussions. Where are we right now on this issue?" Attorney Garganese stated, "With respect to the - sign code, we discussed the matter by telephone and it was the consensus of everyone that the current Code needs to be revised and we are in the process of doing that. With respect to prosecuting any other Code Violation, Captain Tolleson heads up Code Enforcement, and if anybody has any evidence or information to share regarding a Code Violation, the information should be submitted to Captain Tolleson." Discussion ensued with Captain Tolleson. ,"" , , , : J [ I \ ; ~ ! " '. _.-~/ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 3 OF 22 Deputy Mayor Edward Martinez, Jr. noted some photographs and said, "Now I see a copy of a fence with about fifteen (15) signs - isn't that a Violation to post that many signs along a residence, on a wall?" Attorney Garganese stated, "We will take a look at them." Commissioner Miller then said, "I would like to see the City Manager, the [City] Attorney, and the Code Enforcement Officer come back to us with some information where we might be able to have a Workshop and review this issue again. Not this particular issue that has been raised this evening, but with regard to changing the Code to reflect what we used to have here in Winter Springs which was a certain number of animals. " Furthermore, Commissioner Miller suggested, "I would like to see us review this issue again in a Workshop at some point in the next couple of months, and see what other cities around us have on their books right now, with regard to the number of animals that people can have on their residential property. Are we - representative of most of the cities or are we one of the few right now that has unlimited amount [of pets] - I would like to see that kind of data from all of the cities in Florida - [for instance] eighty (80) cities have no legislation; eighty (80) cities say you can only have one (1) dog, one (1) cat." Mayor Bush suggested, "It appears this maybe should be a Regular Agenda Item." Commissioner Sally McGinnis stated, "I was prepared to bring this up tonight under my seat, and Commissioner Miller has already suggested - perhaps a Workshop. I certainly support it." Next, Commissioner McLeod stated, "The issue is there is a problem. Write the law around the problem and how to resolve it without restricting the rest of the people within the City, that are good, law abiding citizens." Mayor Bush added, "Commissioner McGinnis indicated she would maybe bring this up under her seat again so we could discuss it further." Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: addressed the Arbor Ordinance and related fines; and suggested that some monies be earmarked for educating qty residents. Deputy Mayor Martinez stated, "I am an advocate of what you have stated, and the people have to be educated; and it is not only the Arbor Ordinance, it should be every Ordinance that we pass. The citizens of this community or every household at least should be notified of the contents of that Ordinance." C -:-. ~ r - ---. ) 1 ~ c . : ~ ~ - \ - I I ~ .. .~I i ( . '- , I L. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22,2004 PAGE 4 OF 22 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 500. Office Of The City Clerk Respectfully Requests That The City Commission Discuss Issues Related To Elections With The Seminole County Supervisor Of Elections, Dennis Joyner. Mr. Dennis Joyner, Supervisor of Elections for Seminole County addressed the City Commission. Discussion. With discussion on boundaries, Mr. Joyner stated, "I know we work with the Sheriffs Office. They do train the Poll Deputy's for the day - I will talk with them..." Commissioner Miller added, "".I think it comes to your Poll Deputy's. They need to be in charge and they need to know what the rules are." Further discussion. Tape I/Side 8 With additional discussion, Commissioner Blake suggested that "Perhaps this would be an excellent time to really gain a clear understanding, not just for us, but for the Clerk's Office and Staff and the Police Department also to have a clear understanding of how the rules should be applied in this c.ase." Much discussion. Mayor Bush suggested, "That we have Chief Kerr meet with the Supervisor of Elections and identify these areas so that our Police Department is aware of it and would be able to enforce the Election Laws as explained to us here tonight." Commissioner McLeod said, "Yes." Commissioner McGinnis stated, "Yes." Mayor Bush summarized that "I think we have a consensus of the Commission." Mr. Joyner stated, "I would be very open to any suggestions to look into other areas." Furthermore, Mr. Joyner added, "I am not locked into anyone facility. I will re-look at this. " /"-- .-- : \' : L.- '-- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 5 OF 22 In other business, Mayor Bush and the City Commission recognized Boy Scout Troop 626 from the Highlands and Troop 242 from Lake Mary. Commissioner Miller left the Commission Chambers at approximately 7:35 p.m. CONSENT AGENDA CONSENT 200. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For Street Resurfacing. (::;- . This Agenda Item was not discussed. CONSENT 201. Office Of The City Manager Requesting That The City Commission Authorize A Supplemental Appropriation In The Amount Of $20,000.00 From The Utility Fund To Line Code 1360-64000 Equipment-General To Cover Datamatic Handheld Equipment For Meter Reading In The City Of Winter Springs. No discussion. CONSENT 202. Not Used. CONSENT 203. Office Of The City Manager The Commission Authorize The City Manager To Execute A Three Year Contract For Audit Services With The Firm Of McDirmit, Davis, Puckett And Company, LLC. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 6 OF 22 CONSENT 204. Fire Department Requesting Authorization To Purchase And Install A Fire Sprinkler And Fire Alarm System For Fire Station 24 At 102 North Moss Road Under State Of Florida Purchasing Agreement Number 9382456-3 And To Purchase And Install NO SMOKE "Vehicle Exhaust Removal Systems" As A Sole Source Vendor On Seven Fire Apparatus. No discussion. CONSENT 205. Utility Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of The West Water Reclamation Facility Roof Replacement. This Agenda Item was not discussed. CONSENT 206. Office Of The City Clerk Approval Of The March 8, 2004 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE 'CONSENT' AGENDA." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE Commissioner Miller returned to the Commission Chambers at approximately 7:35 p.m. COMMISSIONER MILLER: AYE MOTION CARRIED. ,i ) ~ , I _ l'.,,--, ,)ji G~j \ CITY OF WrNTER SPRrNGS MrNUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 7 OF 22 INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Projects. Of Various Current Planning There was no discussion on this Agenda Item. c- -~ l .J : . - , INFORMATIONAL 301. Fire Department Requests That The City Commission Review The City Of Winter Springs Employee Blood Drive Information To Be Held At The Winter Springs Branch Of Florida's Blood Centers, 268 East State Road 434. - " 't '''::'." L .~. r - - - - ( ., r -- -,) No discussion. "-. I ) INFORMATIONAL 302. Not Used. INFORMATIONAL 303. Not Used. INFORMATIONAL 304. Fire Department Informing The City Commission Of Receipt Of Grant Funds To Be Used To Purchase A Thermal Imaging Camera. This Agenda Item was not discussed. "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 8 OF 22 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests The Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2004-12, Which Rezones Eight (8) Parcels Constituting 13 Acres (More Or Less), Located Along Belle Avenue From "C-2" General Commercial (Winter Springs) To "C-C" Commerce Center (City Of Winter Springs). c;:: ---..-l [-~.,. :., i . . . l . Attorney Garganese read the Ordinance by "Title" only. \ ':-. t.. " r Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ORDINANCE 2004-12." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "MOTION BY COMMISSIONER MARTINEZ TO APPROVE AND SECONDED BY COMMISSIONER BLAKE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2004-13, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of An 3.7 Acre Parcel, Located At 1112 Orange Avenue, From (Seminole County) "Suburban Estates" & "Conservation" To (City Of Winter Springs) "Town Center" And "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read Ordinance 2004-13 by "Title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22. 2004 PAGE 9 OF 22 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ORDINANCE 2004-13." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests The Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2004-14 Which Rezones 3.7 Acres (More Or Less), Located At 1112 Orange Avenue from "A-I" Agricultural (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 the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MOVE WE APPROVE ORDINANCE 2004-14." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. .-- . , _ n ! , .' ., C.. . { .+- - , .. "-.-- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22,2004 PAGE ]0 OF 22 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. (::.- -- -j r __.._ , ,. -:.' !. ' ~ PUBLIC HEARINGS 403. Not Used. REGULAR AGENDA REGULAR 501. Finance Department Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR), As Presented, For The Fiscal Year Ended September 30, 2003. Mr. Eldon McDirmit, McDirmit Davis Puckett & Company, LLC, 605 East Robinson Street, Suite 635, Orlando, Florida: presented comments from the Comprehensive. Annual Financial Report (CAFR). Discussion. "I WOULD LIKE TO MAKE A MOTION THAT THIS COMMISSION ACCEPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) THAT IS PRESENTED." MOTION DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. COMMISSIONER MILLER STATED, "I WOULD LIKE TO COMPLIMENT THE CITY MANAGER FOR ACHIEVING THIS CERTIFICATE OF EXCELLENCE." CITY MANAGER RONALD W. McLEMORE STATED, "I CERTAINLY WANT TO COMPLIMENT STAFF." COMMISSIONER BLAKE SUGGESTED THAT "THE INFORMATION WITHIN THIS DOCUMENT IS VERY HELPFUL FOR US AS WE GO FORWARD - READ THE NOTES." MR. McDIRMIT ADDED, "THE 'MANAGEMENT'S DISCUSSION', PAGES 3 THROUGH 18." COMMISSIONER McGINNIS SAID TO MANAGER McLEMORE, "IS THIS SOMETHING YOU COULD PUT IN THE NEWSLETTER?" MANAGER McLEMORE RESPONDED, "SURE, WE COULD MAKE A NOTE OF IT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 11 OF 22 FURTHERMORE, COMMISSIONER McGINNIS ADDED, "THE THIRTY FIVE PERCENT (35%), THAT MAKES IT PRETTY SPECIAL, SO IF YOU COULD INCLUDE THAT." MAYOR BUSH ALSO AGREED AND SAID, "YES, I AGREE WITH THE COMMISSIONER, I THINK IT SHOULD BE; AND AGAIN, I SAY TO MR McLEMORE AND THE STAFF, "IT IS A JOB WELL DONE!" c.~.~ .1 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. 1 .- l. I. '. REGULAR 502. Police Department - Code Enforcement Bureau Requests The Commission To Review Information Regarding Arbor Cases Presented To The Code Enforcement Board And Related Enforcement Activities In Seminole County. Captain Tolleson presented his opemng remarks on this Agenda Item to the City Commission. Tape 2/Side A Mayor Bush inquired if the City of "Oviedo has ever assessed a Fine?" Discussion ensued with Captain Tolleson and Mr. John Baker, AICP, Senior Planner, Community Development Department. Mayor Bush then inquired, "Has a citizen ever been fined $3,000.00 in the City of Oviedo - for a tree [Violation]?" Commissioner McGinnis stated, "Thank you for this [Agenda Item]." Commissioner McGinnis added, "We must educate our community about our Tree Ordinance." Commissioner Miller remarked to Captain Tolleson, "I would like to congratulate you on this" [Agenda Item]. Commissioner Miller added, "Kudos for our Code Enforcement Board because they have, with your help, enforced this." Discussion. Deputy Mayor Martinez stated, "It is high time that this Commission review that Arbor Ordinance once more, and treat everybody in the City equal." Furthermore, Deputy Mayor Martinez suggested, "If a person makes a mistake, and they are not well versed on the law, although it says that ignorance of the Law is not an excuse - these facts have to be taken into consideration, together with the fact that if you have a licensed cutter there that does that, he should be the guy to suffer the most, not the resident." CITY OF WTNTER SPRTNGS MTNUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 12 OF 22 Commissioner McLeod asked, "Is Oviedo enforcing it - is Lake Mary enforcing this? Is Altamonte Springs enforcing it? I mean it is one thing to have it on your books, but how many fines, in each one of these cities, has been given out and how long has their Ordinance been in place?" Furthermore, Commissioner McLeod inquired, "Are they truly enforcing it on a daily basis, under every circumstance or do they slip back as their max and do they back into the State Statute which is less on residents? And I think that is part of the question here?" Additionally, Commissioner McLeod asked, "I would just like to know - are they truly enforcing it and when did their Ordinance go on the books?" 0=:~-:::-! F:~~.~~ r l, -. L.__:ih~ i-- Commissioner Miller stated, "I am not in favor of not enforcing our law, because no one else is doing it." Commissioner Miller added, "I am not in favor of going out to the other cities and asking them what percentage of their violations they enforce?" ( . . Deputy Mayor Martinez suggested, "We need to do something to make sure that each one of these cases is looked at separately and that we take into consideration the facts - all the facts - before we levy these huge fines against citizens of this community." Commissioner McGinnis stated, "I support everything Commissioner Miller said." Mayor Bush then inquired, "Is it true that a person in Casselberry can cut a tree down on their own property if they are an existing homeowner, with a permit?" Captain Tolleson stated, "Yes, in Seminole County as well - up to five (5) acres." Mayor Bush explained, "It doesn't say that anywhere in this data that you presented. That is the only point that I am making. And if we are going to get comparative data to the Commission to make decisions on, it should be complete and it should be accurate." Mayor Bush added, "I think the Fines are too much." Commissioner McLeod stated, "I do support our Tree Ordinance. I do not necessarily support the level of the Fines." Commissioner McLeod inquired, "If they are not enforcing it, is it because there was an uprising by their general public to the dollar of the Fines? Commissioner McLeod then suggested that "We take another look at maybe our Fine structure and maybe we need to bring it down some so that it is more realistic for the average guy." Next, Commissioner Blake stated, "Perhaps since it keeps coming up - actually put together a Tree City educational program for the City. Let's earmark some of these dollars that. we have received or even General Fund dollars to actually work towards educating the citizens of Winter Springs and all those around us about what the rules are, about how we are trying to protect the tree canopy and how this is really for the future of Winter Springs." Commissioner McGinnis added, "Good." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 13 OF 22 Discussion ensued on Pines levied on a Developer and the information provided in the Agenda Item. Chief of Police Daniel 1. Kerr suggested possibly redefining "Our Ordinance for first, second, third-time Violations - if that is what you're looking for." "I WOULD LIKE TO SEE THIS COME BACK TO US AGAIN, AND I WOULD LIKE TO SEE IT COME BACK WITH - AGAIN, JUST THE SAME AS THIS IS LAID OUT WAS VERY GOOD INFORMATION TO US. I JUST WANT TO EXPAND THAT INFORMATION BY AGAIN CHECKING TO SEE HOW THE FINES ARE GOING ON IN THOSE CITIES - THAT IS PART OF THE MOTION THAT YOU WOULD BRING IT BACK, LET US KNOW WHAT IS GOING ON IN THOSE CITIES BY FINE. THE SECOND PART THOUGH - IS LET'S TAKE A LOOK AT THIS THING AS A FIRST AND SECOND OFFENSE TYPE THING - THE FIRST TIME IT HAPPENS, MAYBE THE PERSON AT THAT POINT BECOMES AWARE OF IT, AND WE LESSEN THE FINE, BUT THE SECOND TIME IT HAPPENS THEN WE GO BACK UP TO A FINE STRUCTURE THAT HOLDS TRUE IF THEY DO IT A THIRD, FOURTH OR FIFTH-TIME TYPE THING, AND I THINK - I AM NOT SURE WHAT THE DIFFERENCE OF THAT SHOULD BE BUT MAYBE IT'S FORTY PERCENT (40%) OF WHAT THESE NUMBERS WOULD BE FOR THE FIRST OFFENSE TYPE THING." MOTION BY COMMISSIONER McLEOD. Tape 2/Side B COMMISSIONER McLEOD RESTATED HIS MOTION, "ONE, IS THAT WE CHECK THE OTHER CITIES AND SEE HOW MANY TIMES WHAT IS HAPPENING THERE - AS FAR AS THEM ACTUALLY ENFORCING. THE SECOND PART OF THAT MOTION IS THAT WE HAVE A REDUCTION OF THESE NUMBERS PERHAPS - TO BE ONLY FORTY PERCENT (40%) OF WHAT THAT CALIPER IS FOR THE FIRST OFFENSE AND THEN AFTER THAT FIRST OFFENSE, A SECOND OFFENSE - YOU WOULD GO TO THE FULL NUMBER ON THE FINES." SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. DEPUTY MAYOR MARTINEZ SAID, "I HONESTLY BELIEVE, AND DON'T TAKE MY WORD FOR IT, GET THE TAPES OF ALL THOSE HEARINGS PERTAINING TO TREES, THAT THE CODE ENFORCEMENT BOARD IS A QUASI-JUDICIAL ENTITY, THAT THEY TAKE EVIDENCE, THEY LISTEN TO TESTIMONY, THEY LISTEN TO WITNESSES AND THEY RENDER A DECISION AFFECTING THE CITIZENS OF THIS COMMUNITY, AND THERE SHOULD BE SOME FORM OF IN-SERVICE TRAINING FOR THE MEMBERS OF THE CODE ENFORCEMENT BOARD." r [:. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22,2004 PAGE 14 OF 22 REGARDING THE PROPOSED MOTION, CAPTAIN TOLLESON INQUIRED, "IS THAT GOING TO BE RESIDENTIAL AND COMMERCIAL?" ATTORNEY GARGANESE SUGGESTED, "I WOULD PREFER THAT YOU TREAT THEM ALL THE SAME." FURTHERMORE, CAPT AIN TOLLESON ASKED, "WOULD THE SECOND OFFENSE INCLUDE A SECOND TREE?" COMMISSIONER McLEOD RESPONDED BY SAYING, "A COMPLETE SECOND OFFENSE - IF I CUT DOWN TEN (10) TREES ALL IN THE SAME DAY, AS FAR AS I AM CONCERNED THAT IS THE ONE OFFENSE - THAT IS HOW I WOULD LOOK AT IT. NOW ONCE YOU HAVE BEEN FINED FOR THAT OVERALL OFFENSE, THEN IF YOU DID IT AGAIN, THAT BEGINS A SECOND OFFENSE." ATTORNEY GARGANESE SPOKE ON WHETHER FLAGRANT OFFENSES SHOULD BE CONSIDERED. COMMISSIONER MILLER SAID, "THERE IS ONE ITEM MISSING FROM THIS WHICH COMMISSIONER McLEOD BROUGHT UP AND I THINK ONE OTHER COMMISSIONER DID THAT, WHETHER CONTRACTORS ARE TREATED WITH EQUAL JUSTICE UNDER THE LAW IN OUR CITY." COMMISSIONER BLAKE SUGGESTED, "IF WE CAN FIRST AGREE ON WHAT THE OUTCOME IS THAT WE ARE TRYING TO GET TO, DOESN'T IT MAKE MORE SENSE TO ALLOW STAFF TO GO BACK TO THE DRAWING BOARD AGAIN AND BRING US SEVERAL ALTERNATIVES THAT WE CAN THEN DISCUSS INTELLIGENTLY WITH REAL DATA, REAL INFORMATION?" COMMISSIONER MILLER THEN CHALLENGED THE MEDIA TO LOOK INTO THE CASES MENTIONED TONIGHT AND TO INVESTIGATE FURTHER BOTH SIDES OF THE STORIES. "I WOULD LIKE TO MAKE A - SUBSTITUTE MOTION THAT WE REQUEST STAFF TO TAKE INTO CONSIDERATION THE COMMENTS OF NOT ONLY TONIGHT'S MEETING BUT OF THE PREVIOUS MEETINGS WHEN WE HAVE DISCUSSED THIS ISSUE SINCE THIS ORDINANCE HAS BEEN IN EFFECT - AND COME BACK TO US WITH SEYERAL SOLUTIONS THAT WILL ADDRESS OUR CONCERNS." SUBSTITUTE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD WHO STATED, "CAN WE PUT A NINETY (90) DAY TIME FRAME ON IT?" COMMISSIONER BLAKE SAID, "ABSOLUTELY." DISCUSSION. (~ ~.. S;-.~_.-.J i ~,'.' ~:"d- -- ~..~ i c- - ., r"' . (~.. .- , .. ,:'--- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 15 OF 22 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: NAY DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Mayor Bush called a recess at 9:08 p.m. Q_~~~~~Jl -- - -c: ..1 The Meeting was called back to order at 9:25 p.m. I. REGULAR 503. Not Used. "J : 1 - ! REGULAR 504. Community Development Department Requests The City Commission Hear A Request For A Variance By Armando J. Davila From Section 6-85. Of The City Code Of Ordinances, To Encroach As Much As Six (6) Feet Nine (9) Inches Into The Seven (7) Foot Rear Screen Enclosure Setback. The Applicant Wishes To Construct A Screened Enclosure For A Swimming Pool In The Rear Yard, Into The Rear Setback, And On Top Of A Brick Privacy Wall. As mentioned under "Agenda Changes", Mayor Bush said that in regards to Regular Agenda Item "504" - the Applicant "Has asked that this be pulled from the Agenda." REGULAR 505. Community Development Department Recommends The City Commission Reconsider A Request By The Winter Springs Food Market, Inc., For A Variance From Section 20-486. Of The City Code Of Ordinances, To Reconstruct An Existing Non-Conforming Pole Sign Into A Monument Sign Within The Ten (10) Foot Front And Side Setbacks (Approximately Two (2) Feet From Both The Front And Side) In The State Road 434 Redevelopment Overlay Zoning District. The Applicant Is Aware That, Subsequent To Her Application, The City Commission Voted To Waive The $500.00 Variance Fee (May 12, 2003) And Therefore Requests That The Fee Be Refunded And Her Request Be Reconsidered. Mr. Baker introduced this Agenda Item Mr. and Mrs. David T. Van, 147 West State Road 434, Winter Springs, Florida: addressed the City Commission on this issue. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 16 OF 22 Discussion. MOTION TO APPROVE - "FROM THE FACE OF THIS BUILDING, MOVING FORWARD EIGHT FEET (8') OUT, EIGHT FEET (8') HIGH, YOUR MONUMENT SIGN - THAT WOULD BE THE PLACEMENT, AND THAT WOULD BE THE VARIANCE." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. MAYOR BUSH SUMMARIZED, "THE COMMISSIONER'S MOTION WAS THAT IT IS EIGHT FEET (8') FROM THE BACK OF THE LINE WHERE THE WALL WOULD BE - EIGHT FEET (8') OUT - AND HOW TALL - EIGHT FEET (8')." VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Brief discussion. "I WOULD BE MORE THAN HAPPY TO GO AHEAD AND REFUND THE FIVE HUNDRED DOLLARS ($500.00)." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH EXPLAINED, "MOTION TO REFUND THE FIVE HUNDRED DOLLARS ($500.00) VARIANCE FEE." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 506. Community Development Department Requests That The City Commission Consider A Wall Sign Proposed For The East (Tuskawilla Road) Side Of The Art Avenue Shop At Building No.1, Within The JDC Calhoun Town Center Site. Tape 3/Side A Mr. Baker presented his opening remarks. c.~.-:: ! D:.::".:.:--- ; l-".......;-l- (~~: ~ r", ''- I '--'<~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 170F22 Commissioner Blake asked for "A mock-up of how this will look on the building." Discussion. "I WILL GO AHEAD AND MAKE A MOTION THAT WE POSTPONE THIS UNTIL THEY COME BACK WITH A DRAWING OF THEIR PROPOSED SIGN SUPERIMPOSED ONTO THE SIDE OF THE BUILDING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. . DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: AYE MOTION' CARRIED. \ '~.' L _::_ _. . , , [~?~~ J REGULAR 507. Office of the City Manager Requesting The Commission To Review Information Regarding The City Manager Annual Evaluation In Performance Year "8" November 1, 2002 Through October 31, 2003 And To Take Action It Deems Appropriate. Manager McLemore introduced this Agenda Item. Discussion. "I RECOMMEND THAT THE COMMISSION MAINTAIN THE CITY MANAGER'S COMPENSATION NOT LESS THAN THE AVERAGE OF THE METRO CITIES, FOR $154,000.00." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH CLARIFIED, "THE MOTION IS THE MANAGER'S COMPENSATION WOULD BE $154,000.00." COMMISSIONER McGINNIS ADDED, "TOTAL COMPENSATION." SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. COMMISSIONER MILLER SAID, "I HAVE NEVER REALLY BELIEVED IN AVERAGES, AND WHEN I LOOK AROUND AT SOME OF THE OTHER CITIES AROUND US AND WHAT IS GOING ON, I THINK THAT OUR CITY IS WAY AHEAD OF THE REST OF THEM, AND I THINK THAT THE AVERAGE IS - AN UNFORTUNATE WAY TO DO THIS." COMMISSIONER MILLER ADDED, "I HOPE THAT NEXT YEAR WE WILL LOOK AT IT SLIGHTLY DIFFERENT." FURTHER DISCUSSION ENSUED ON PENSION BENEFITS. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 18 OF 22 . VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese reported that, "Sandra Rawlins appealed the Circuit Court's Appellate decision to the 5th District Court of Appeal." REPORTS 601. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE HEARD NEXT, IN THE ORDER AS DOCUMENTED. .:. .:. REPORTS REPORTS 604. Commission Seat Five - David W. McLeod Manager McLemore inquired as to the status of the "Building Department Committee" work. Manager McLemore stated, "That is coming on schedule. Weare supposed to try to terminate that in April according to the schedule as I recall; and we should be pretty well on time to come back to you in April with - the Report." C..C.' ....'---. ---' I J ~ -~ I '.... '1_ t ~.~~ -,1 " ... -.:,=~, ')/ ~-~~; CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 190F22 Next, Commissioner McLeod spoke of the Fisher Road Traffic Calming project and explained, "The trash truck hits the trees going through there now." Commissioner McLeod added, "There are two (2) of them there, I think are overly tight, Ron [McLemore], especially - if you are heading North - the roundabouts - where the palms are, seem fine, but the roundabouts, they are tight." Commissioner McLeod added, "Can we just have Kip [Lockcuff, P.E., Public WorkslUtility Department Director] look at that?" Manager McLemore said, "Sure." Commiss'ioner McLeod further said, "I am sure he has, but take a look at it from a safety standpoint of people maneuvering around there - normal traffic - and emergency fire trucks," Commissioner McLeod further remarked that "There are a couple of things that I do want to - and I will get with you Ron [McLemore] regarding customer service - friendliness." Additionally, Commissioner McLeod added, "I think part of the responsibility needs to start being eased off a little bit for the Directors that make their decisions - sometimes when you are not here, it doesn't seem like a decision wants to be made - from a standpoint of afraid of making that decision." Commissioner McLeod added, "I think going forward, I think those Directors now need to be developed to be able to make some of those decisions a little more freely and where you sit back and take a look at it from the outside instead of everything - thumbs on." REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush also mentioned the Roundabouts and said that "If you are pulling a boat, there is no way you can stay on the road." Secondly, Mayor Bush noted "There is a hole in the road on Winter Springs Boulevard between the Country Club and the 7-11," Manager McLemore spoke of problems with Winter Springs Boulevard and added, "I will check into for you." Manager McLemore added, "Next year, we need to start reconstruction of that road." Thirdly, Mayor Bush stated, "I think the City still has to work on its communications with the citizens and we need to - look at some alternatives that we haven't looked at to see if we can't do a better job of informing the people of the City of the good things that are happening in the City." Mayor Bush then stated, "I would like to recommend that we give the Manager some latitude to look at this and maybe come up with some ideas that we could do to improve the communications for the citizens, other than what we are doing now." f;;J ~f:~_'.~, _-=-J ~ .~;l L. . :~1 or, ( .'~J (0. . _<) . J ",.: : '> I . <:' ~::- i ~..-:.:..~/ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 20 OF 22 REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller stated, "If we are going to do anything on Fisher [Road], I would like to see the City Manager come to us with some recommendations before we do anything. " Next, Commissioner Miller suggested, "I would like to get the Commission's support to have the City Manager come back with some and also maybe give him some ideas - I would like him to come back with some advertising, publicity type stuff that addresses what we are going to be doing here in and around the Town Center in the next six (6) months, year, eighteen (18) months and two (2) years, because we have been getting some bad press here lately." Commissioner Miller further suggested, "It would show in six (6) months from now - there is going to be another 3,000 people in the area around the Town Center." Commissioner Miller added, "I would like to see - a two (2) year, three (3) year, or five (5) year - projection based on the build-out of some of these housing developments that are going in, in a time frame that will represent a business volume. " Mayor Bush stated, "The Commission is asking for a consensus to give the Manager some leeway to explore this." Deputy Mayor Martinez stated, "A couple of weeks ago you and Commissioner Blake brought this very issue up and we all agreed that we needed to find extra publicity." Commissioner McGinnis said, "Yes, go ahead." Then, Mayor Bush reiterated, "Commissioner Miller is asking that the Commission agree that we give the Manager some leeway to explore ways to publicize - not only the Town Center, but 1 think other things in the Town Center that are noteworthy. Anybody disagree?" No objections were noted. Mayor Bush added, "Done. Now the Manager will bring back a budget if he needs one. He is not going to do anything. He is going to bring back some recommendations to the Commission." REPORTS 607. Commission Seat Two - Michael S. Blake Commissioner Blake asked about vacancies on the Board of Adjustment. Brief discussion. ~,j ~::i~ ~.-j l"- ~~g; I"'""..~~'::~+l c:-~2J~i-j C:~:~J) --.~.:::;... ~ c~_..-:;~ r- ---=:-) : !~.2J C:-----0 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 21 OF 22 REPORTS 608. Seat Three/Deputy Mayor - Edward Martinez, Jr. Deputy Mayor Martinez inquired of Manager McLemore, "Have the water restrictions in this City been lifted?" With brief discussion, Deputy Mayor Martinez said, "What I would like to request of you [Manager McLemore] is that you send a letter to the Greenbriar Homeowner's Association and to their Management company" regarding an erroneous article about irrigating lawns in this subdivision. Deputy Mayor Martinez gave some documentation on this issue to Manager McLemore. Lastly, Deputy Mayor Martinez spoke on rules related to the Senior Citizens Center and the Civic Center and stated, "We did ask for rules by which those two (2) places are going to be run to prevent the kinds of things that have happened in the past - I am going to give this to the City Clerk so that she can provide every Commissioner with a copy." Deputy Mayor Martinez added, "I am going to give this to the City Clerk so that she can give us all a copy of what existed then - the only issue with this paper at the time was that they were not approved by the Commission." Deputy Mayor Martinez further explained, "We want a set of rules for the Senior Citizens Center and the Civic Center, specifically addressing some of the things in the past - violations of the past that first brought this issue before the Commission in 2002." With discussion, Mayor Bush stated, "Maybe this would be something that we could put on a future Agenda." Commissioner McLeod suggested, "Put it on an Agenda." In conclusion, Mayor Bush noted, "Let's put it on the Agenda for the next Meeting, is that okay Commissioners?" Commissioner Blake stated, "Sure." Brief discussion ensued on water restrictions. REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis asked for "Our Attorney to draft an Ordinance - I am proposing four (4) household pets - I am just proposing four (4) pets per household, it is not just dogs." With discussion, Mayor Bush stated, "The Commissioner is asking for a consensus - to bring this back before the Commission." Commissioner Miller said, "I would support - Staff coming back with some analysis of what is going on in the cities around us." Commissioner Blake stated, "No, I do not support it." Deputy Mayor Martinez remarked, "We need a Code that can be enforced, when a Violation exists." Deputy Mayor Martinez added, "I am in favor." Tape 3/Side B Mayor Bush summarized, "We have a consensus to bring this back." cc--J '-- --->:"l D==::Jj L;;..-----~ -:J ~:::.J ~~~,-.'71 r.--.. ~J-J U-' \:~.:J rGx~~~ ..-"'-.... )) {' ..."----, \.5---.- ;.::;:: :::-J P;~1?1 . ~ :.;LJ ~-J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2004 PAGE 22 OF 22 ADJOURNMENT Mayor Bush adjourned the Meeting at approximately 10:42 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHNF. BUSH MAYOR NOTE: These Minutes were approved at the ,2004 Regular City Commission Meeting. c-=:::J c-:::.----=0. ~ D=-~J c~CJ t~~l ,.::; --~~ '.: ~:'5l ':"..r''':;-21 ::'----:,(-~ C:....~~ '.'--""."'2)" '---.-:' ~,.,~.,.... L~ ;~9 ~~ ~=:D