HomeMy WebLinkAbout2004 05 24 Consent 200
COMMISSION AGENDA
ITEM 200
Consent X
Informational
Public Hearings
Regular
May 24.2004
Regular Meeting
Mgr. 1 Dept.
Authorization
CONSENT
200. Office Of The City Clerk
Approval Of The May 10, 2004 City Commission Regular Meeting Minutes.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
MAY 10,2004
CALL TO ORDER
The Regular Meeting of Monday, May 10, 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, present
Commissioner Sally McGinnis, present
Commissioner David W. McLeod, absent
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
In regards to a moment of silence, Mayor Bush stated, "I would like to ask everyone here
to remember Lorie Taylor. Lorie would have gotten a Resolution tonight but she is
extremely ill and is unable to be here, so if you would remember her in your prayers."
The Pledge of Allegiance followed.
Under Agenda Changes, City Manager Ronald W. McLemore stated, "[Regular Agenda]
Item '502' - we have given you a revised Agenda Item which very simply just reduces
the amount of the Supplemental Appropriation we were requesting."
In other City business, Manager McLemore introduced Ms. Michelle Greco, the City's
new Finance Department Director.
.:. .:. AGENDA NOTE: THE FOLLOWING AWARDS AND
PRESENTATIONS WERE PRESENTED, BUT NOT NECESSARILY IN THE
ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA.
.:. .:.
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AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Office Of The Mayor
Presentation Of Resolution 2004-16 To Lorie Taylor For Her Service On The Oak
Forest Wall And Beautification District Advisory Committee.
Ms. Taylor was unable to attend this Meeting.
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ADD-ON
AWARDS AND PRESENTATIONS
102. Office Of The Mayor
Presentation Of Resolution 2004-14 To Sharon Tackaberry For Her Service On The
Board of Adjustment.
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Ms. Sharon Tackaberry was presented with Resolution 2004-14. Ms. Tackaberry then
thanked Mayor Bush and the City Commission.
Mayor Bush added, "Sharon [Tackaberry] is an example of many of the citizens who
serve on these Advisory Boards, puts in a lot of hours and a lot of time, and we really do
appreciate it. Thank you very much Sharon [Tackaberry]."
A WARDS AND PRESENTATIONS
101. Office Of The City Manager
Presentation Of A Plaque From Friends of Leash Optional Parks (FLOP).
Mr. Greg Ferraro, 307 Cello Circle, Winter Springs, Florida: as the Vice President of
the Friends of Leash Optional Parks (FLOP), Mr. Ferraro thanked the City Commission
for providing the temporary Paw Park and spoke of the successful event this past
Saturday. Mr. Ferraro then presented a plaque and caps to the Mayor and City
Commission and recognized them as Honorary Members of Friends of Leash Optional
Parks (FLOP).
Discussion.
PUBLIC INPUT
Mr. Bill Riccard, 201 Stratford Drive, Winter Springs, Florida: spoke on behalf of
concerned residents and parents related to concerns they have with the Winter Springs
Grizzlies Association.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 3 OF 26
Discussion.
Commissioner Michael. S. Blake stated, "A League that we have an Agreement with at
the City parks, that the taxpayer's have paid for, I heard this evening, are locking people
out; and I have a problem with our City Parks being involved with an organization that is
locking people out." Commissioner Blake added, "I think that that is an issue that should
void the Agreement, if that is the case."
Further discussion ensued with Mr. Chris Caldwell, Sports and Athletic Supervisor, Parks
and Recreation Department.
Commissioner Blake stated "Point of Order" and spoke of By-Laws.
Mayor Bush stated, "Unless the Commission feels otherwise, I would like to put this back
on the City Manager's purview to come back to the Commission with a
recommendation." Deputy Mayor Edward Martinez, Jr. suggested, "I think the Manager
and the Department of Parks and Recreation should get together and get to the bottom of
this here. We don't want any citizen in Winter Springs locked out of our Parks, for
whatever reasons. If you have to amend the Agreement, well amend the Agreement."
Mr. Caldwell added, "We have set up a meeting Mayor, for 7:00 p.m. this Saturday, to
listen to the concerns from the group." Mayor Bush added, "Then, Mr. McLemore will
decide when to bring it back to the Commission then after you have tried to resolve this
the best you can and with the Manager and Chuck [Pula's] - input, etceteras."
Mr. William Bridges, 935 Glen Abbey Circle, Winter Springs, Florida: mentioned issues
related to the residence of Deputy Mayor Martinez.
Discussion ensued on residency and domicile issues.
Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke on resigning from
the Tuscawilla Homeowner's Association; and the Consent Agenda Item related to
Winter Springs Boulevard.
Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: briefly spoke on behalf
of the Planning and Zoning Board/Local Planning Agency related to Regular Agenda
Item '500'."
Brief discussion.
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CITY COMMISSION
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PAGE 4 OF 26
Mr. Eugene Rice, 300 Shenandoah Drive, Winter Springs, Florida: representing the
Winter Springs Golf Club and Meadowbrook, Mr. Rice noted a specimen tree problem.
Manager McLemore stated, "This item needs to be agended for your next Meeting."
Mayor Bush said to Mr. Rice, "Talk to the Arborist or the Manager about how to go
about doing that."
Mr. Daniel Torres, 65 Oak Bend Court, Oviedo, Florida: as the President of the
Tuscawilla Homeowner's Association, Mr. Torres spoke on pedestrian and bike lanes for
the Winter Springs Boulevard project.
Mr. Rick Tribit, 225 Mosswood Court, Winter Springs, Florida: as a Teacher and Coach
at Winter Springs High School, Mr. Tribit addressed sports organizations and the
relationship to the City.
Tape I/Side B
Mr. Tribit suggested that the issue brought up this evening be checked into carefully.
Mr. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: spoke on the
residence and telephone number for Deputy Mayor Martinez.
Mr. Richard Roy, 1205 Orange Avenue, Winter Springs, Florida: affiliated with Creative
Printing, Mr. Roy mentioned wanting to purchase property on Wade Street for this
business, and the Zoning for this type of a business.
Manager McLemore stated, "This is an item that needs to be looked at on another
Agenda; maybe we could try to set that for the next Meeting or two. Things have to be
done here. One, either you'd have to make a determination of what your intent was on
the current Zoning classification that it would fit as 'C-1', and if you make the
determination it doesn't, then he would have to apply for a Rezoning. We could set that
Meeting for your next Agenda, for you to review and what your intent is for that Zoning.
It may be worth your while to go ahead and apply right now for the Rezoning in case they
didn't make that finding, at least you wouldn't lose two (2) weeks."
Mayor Bush said to Mr. Roy, "The next Meeting is the 24th, so that will meet your
timelines as well. So I think you need to work closely again - with the Manager on this."
Mayor Bush then stated, "The Manager will see this gets on the next Meeting's Agenda."
Manager McLemore stated, "Right, and I would suggest that we get together - tomorrow
if possib Ie."
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CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 5 OF 26
CONSENT AGENDA
CONSENT
200. Information Services Department
Requests Authorization To Dispose Of Broken, Old, Or Obsolete Cellular
Telephones By Donating Them To Safe House Of Seminole Located In Sanford.
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No discussion.
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CONSENT
201. Information Services Department
Requests Authorization To Dispose Of Surplus Assets According To The Attached
Disposition Sheets.
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This Agenda Item was not discussed.
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CONSENT
202. Public Works Department
Requesting The City Commission Adopt The Right Turn Deceleration Lane
Prioritization Table.
Discussion,
Mayor Bush said to Mr. Kip Lockcuff, P.E., Public Works/Utility Department Director,
"You do not have costs factored in there anywhere either - and so obviously that would
be a decision the Commission is going to look closely at when that comes."
. Commissioner Blake stated, "Where are we looking at budget-wise on this? Are we
talking about doing number 1 - that is not what it just sounded like. Are we going to be
able to accomplish all six (6) of these top priorities and if so, how long will that take?"
CONSENT
203. Public Works Department
Requesting Authorization To Piggyback Off Of The Seminole County Contract For
The Winter Springs Boulevard Preliminary Engineering Study and Pavement
Evaluation Report.
Deputy Mayor Martinez said to Mr. Lockcuff and Manager McLemore, "When you
proceed with the pavement and improvements on Winter Springs Boulevard, that you
keep in mind and keep after the people in charge of landscaping." Mr. Lockcuff stated,
"Yes. "
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 6 OF 26
CONSENT
204. Public Works Department
Requesting Authorization To Purchase One (1) Medium Tractor By Piggybacking
Off Of State Contract Number 765-900-04-1.
There was no discussion on this Agenda Item.
CONSENT
205. Office Of The City Manag'er
Requesting The City Commission To Authorize The Mayor To Sign A Letter
Agreement With The Florida Department Of Law Enforcement Approving
Distribution of $280,805.00 FY [Fiscal Year] 2005 Bryne Formula Grant Funds For
Anti-Drug Abuse.
No discussion.
CONSENT
206. Parks And Recreation Department
Requests The City Commission To Authorize The City Manager To Negotiate And
Execute The 2004 Summer Camp Use Agreement Between The City Of Winter
Springs And The Episcopal Church Of The New Covenant, Inc. ("Church"),
Providing The City Of Winter Springs With An Appropriate Venue To Offer Its
2004 Summer Camp Program At The Church's Facilities Upon The Terms And
Condition Set Forth In The Proposed Agreement.
Mr. Chuck Pula, Parks and Recreation Director addressed questions posed by Members
of the City Commission.
Commissioner Blake suggested, "I think it would be appropriate if this Commission sent
a letter to the Chairperson of the School Board stating some of the facts that have
occurred and our displeasure with this situation." With further discussion, Manager
McLemore spoke of receiving "A call to apologize, as I understand - saying yes you can
come if you want to." Commissioner Blake said, "In that case, then I would want to
reinforce his commitment to us and send him a letter that appreciates their change of
wind on this, and that we certainly look forward to continuing to work with the School
Board going forward and trying to make all the resources of the community available to
everybody. "
Commissioner Sally McGinnis spoke of similar incidents and stated, "I think we need to
be really strong about a spirit of cooperation and start documenting those times that that
Agreement is violated."
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CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 7 OF 26
Mayor Bush added, "The Manager and I are meeting with the Superintendent tomorrow
morning, not about this issue, but something else - we will certainly bring it up." Mayor
Bush then said, "I will take Commissioner Blake's recommendation and thank him for
his follow-up."
CONSENT
207. Office Of The City Manager
Requesting That The City Commission To Determine If It Desires To Grant An
Exception To The City Policy For A Water Leak For Howard H. Warfield Of 51
North Edgemon Avenue.
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Commissioner Blake stated, "I would like to have Item '207' pulled off for separate
consideration." ,: I
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CONSENT
208. Utility Department
Requesting Authorization To Purchase One (1) Medium Duty Tractor By
Piggybacking Off Of State Contract Number 765-900-04-1.
This Agenda Item was not discussed.
CONSENT
209. Office Of The City Clerk
Approval Of The April 26, 2004 City Commission Regular Meeting Minutes.
"MOTION TO APPROVE
COMMISSIONER MILLER.
DISCUSSION.
CONSENT AGENDA." MOTION BY
SECONDED BY COMMISSIONER BLAKE.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 8 OF 26
INFORMATIONAL AGENDA
INFORMATIONAL
300. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
There was no discussion on this Agenda Item.
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INFORMATIONAL
301. 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.
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Commissioner Blake spoke of this event and stated, "When it begins here in the next
couple of weeks, take a moment to go by, and see what is going on there. It is one of the
greatest things you will see in the community we live in. You have got primarily the
Police Department - they have done that every year; the Fire Department is right there,
they have got some folks involved. Parks [And Recreation] has a hand in it. These are
folks that work for the City and aren't making big, big bucks, that are taking their free
time and trying to make the community a better place to be."
Furthermore, Commissioner Blake added, "It is fun to go by there in the evenings and
watch all the kids of all ages having a great time with some real role models that we have
in the community - so I would just like to make sure that we thank them appropriately for
the job that they are doing - because they are doing it as volunteers, they are not getting
paid for it and it just shows you the kind of people that we have here."
Mayor Bush stated, "It would be good if Andrea [Lorenzo-Luaces, City Clerk] you could
remind the Commissioners and myself that June the 7th - is the Opening Day."
INFORMATIONAL
302. Parks And Recreation Department
Wishes To Inform The City Commission That It Will Not Conduct A Summer Day
Camp Program At Indian Trails Middle School, But At New Covenant Church.
This Agenda Item was not discussed.
INFORMATIONAL
303. Not Used.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 9 OF 26
IN FORMA TlONAL
304. Information Services Department
Wishes To Update The Commission On The Status Of The I.T. [Information
Technology] Plan Created In FY [Fiscal Year] 2002.
Mayor Bush inquired about deadlines.
Ms. Joanne Dalka, Information Services Department Director stated, "We are trying to
make a push by June 30th, to have them all cleared up."
INFORMATIONAL
305. Public Works Department - Urban Beautification Division
Advising The City Commission On The Status Of Various Streetlighting Projects.
No discussion.
INFORMATIONAL
306. Public Works Department
Advising The City Commission On The Status Of The Fisher Road Project.
There was no discussion on this Agenda Item.
INFORMATIONAL
307. Public Works Department
Advising The City Commission That Street Signs Can No Longer Be Sold To
Private Subdivisions.
Discussion.
Deputy Mayor Martinez stated, "I have no objection to providing these signs free when
they are needed." Furthermore, Deputy Mayor Martinez said, "Maybe the Commission
should consider giving these away, rather than selling them." Deputy Mayor Martinez
added, "When the time comes, and a subdivision or a group needs a sign, I think the City
should provide for it."
"I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT THE
INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MILLER.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
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REGULAR MEETING - MAY 10, 2004
PAGE 10 OF 26
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
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.:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS
PULLED OFF THE CONSENT AGENDA FOR INDIVIDUAL
CONSIDERATION, AS DOCUMENTED, FOLLOWED BY THE REST OF THE
AGENDA. .:..:.
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CONSENT AGENDA
CONSENT
207. Office Of The City Manager
Requesting That The City Commission To Determine If It Desires To Grant An
Exception To The City Policy For A Water Leak For Howard H. Warfield Of 51
North Edgemon Avenue.
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Manager McLemore introduced this Agenda Item.
Mr. Dave Anderson 201 Overlook Drive, Chuluota, Florida: as the Landlord, Mr.
Anderson addressed the City Commission on this issue.
Brief discussion.
"I WOULD MAKE A MOTION THAT WE GO AHEAD AND APPROVE THE
POLICY AS IT WAS WRITTEN WITH THE FINDING THAT THIS IS INDEED,
EVEN THOUGH IT WAS BILLED OVER TWO (2) MONTHS, IT IS ONE
INCIDENT, AND SHOULD BE TREATED AS SUCH." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY J 0, 2004
PAGE I I OF 26
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Community Development Department - Planning Division
Requests The City Commission Conduct A Public Hearing For The First Reading
Of Ordinance 2004-15, Annexing A Parcel Located At 1181 Orange Avenue
Equaling Approximately 8.558 Acres Owned By Guy Ferlita Trustee.
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"MOTION TO READ ORDINANCE 2004-15 BY 'TITLE' ONLY." MOTION BY
COMMISSIONER BLAKE. MAYOR BUSH STATED, "SECONDED BY
COMMISSIONER MILLER." DISCUSSION.
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VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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City Attorney Anthony A. Garganese read Ordinance 2004-15 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.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department introduced this Agenda Item.
"MOTION TO APPROVE ITEM '400'." MOTION BY COMMISSIONER
MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 12 OF26
PUBLIC HEARINGS
401. Community Development Department - Planning Division
Requests The City Commission Conduct A Public Hearing For The First Reading
Of Ordinance 2004-18, Annexing A Parcel Located At 1184 Orange Avenue
Equaling Approximately 1.7 Acres And Owned By George And Yvonne Meier.
"MOTION TO READ ORDINANCE 2004-18 BY 'TITLE' ONLY." MOTION BY
COMMISSIONER BLAKE. MAYOR BUSH STATED, "SECONDED BY
COMMISSIONER MILLER." DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2004-18 by "Title" only.
Tape 2/Side A
Attorney Garganese stated, "This Annexation, because of the contiguousness
requirement, is contingent upon the previous Ordinance becoming effective."
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.
Commissioner Blake commented on this Agenda Item and said to Ms. Sahlstrom, "Good
job. I am glad this one did not slip through the cracks."
Commissioner Blake said to Attorney Garganese, "We need to amend Section 6., do we
not - to include the language that incorporates the passage or adoption of Ordinance
2004-15?" Attorney Garganese responded, "Sure, I can add a sentence there."
"I MAKE A MOTION TO MOVE [ORDINANCE] 2004-18 INCLUDING THE
CHANGE IN LANGUAGE IN Section 6." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER MILLER. MAYOR BUSH
STATED, "MOTION BY COMMISSIONER BLAKE TO MOVE THIS
FORWARD WITH THE ONE CHANGE NOTED, AND SECONDED BY
COMMISSIONER MILLER." DISCUSSION.
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VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
402. Community Development Department - Planning Division
Requests The City Commission Conduct A Public Hearing For The First Reading
Of Ordinance 2004-21 Annexing Parcels Located At 1268 Orange Avenue Equaling
Approximately 4.8 Acres Owned By Mohammad S. And Karen Kazma.
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Mayor Bush stated, "Can I have a Motion to read by 'Title' only."
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"SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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.
"MOTION TO APPROVE ITEM '402'." MOTION BY COMMISSIONER
MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER
BLAKE." DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
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REGULAR MEETING - MAY 10,2004
PAGE 14 OF 26
PUBLIC HEARINGS
403. Office Of The Public Works Director
Presents To The City Commission For The First Reading Ordinance Number 2004-
24 Amending Chapter 9, Article IV, Division 2 Of The City Code, Creating A New
Section 9-206. Entitled "Right-Turn Deceleration Lanes."
"MOTION TO READ ORDINANCE 2004-24 BY 'TITLE' ONLY." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2004-24 by "Title" only.
Mr. Lockcuffpointed out one change to the Ordinance and stated, "Under item ff1 it says
for 'two-lane', it should say for 'four-lane' - so, ill} and ili.l should be for 'two-lane' and
(fl and @ should be for 'four-lane' - 9-206. (fl."
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.
Discussion.
"MOTION TO APPROVE ITEM '403'." MOTION BY COMMISSIONER
MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER
BLAKE." DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
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REGULAR MEETING - MAY 10,2004
PAGE 15 OF 26
PUBLIC HEARINGS
404. Office Of The City Attorney
Presents To The City Commission For The First Reading Ordinance Number 2004-
25 Amending Chapter 2, Article IV, Entitled "Elections," Of The City Of Winter
Springs Code Of Ordinances.
Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
"SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
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.
Commissioner Blake spoke of the Qualifying Fee and the Election Assessment and
stated, "I would like to amend this Section of Qualifying Fees to also include the same
waiver for anybody who would qualify for the waiver under the Election Assessment Fee
that they would also qualify for the Qualifying Fee in the City."
Discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE MOVE - ORDINANCE
2004-25 INCORPORATING THE CHANGED LANGUAGE IN SECTION. 2-88.
UNDER 'Qualifying fees' TO INCLUDE A HARDSHIP WAIVER FOR THE
'Qualifying fees' AS WELL." MOTION BY COMMISSIONER BLAKE. MAYOR
BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS."
DISCUSSION.
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REGULAR MEETING - MAY 10,2004
PAGE 16 OF 26
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Mayor Bush called a recess at 8:16 p.m.
The Meeting was called back to order at 8:28 p.m.
REGULAR AGENDA
REGULAR
500. Community Development Department
Requests The City Commission Approve Of The Final Subdivision/Engineering
Plans For The Proposed Barclay Woods Townhouse Subdivision And Its Associated
Development Agreement And Deed Restrictions, Subject To Conditions.
Manager McLemore pointed out that "The Development Agreement was not received in
time for us to have the proper coordination between the City Attorney's office and the
Staff. "
Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: representing the
Planning and Zoning Board/Local Planning Agency, Ms. Krebs read a letter related to
insufficient parking for residents and guests for this proposed project.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item. During Mr. Baker's presentation, Mr. Baker stated, "The proposed
Townhome Development is subject to the new Aesthetic Review Ordinance, and we
anticipate that all the Aesthetic Review documents will be ready in two (2) to four (4)
weeks for your approval." Mr. Baker added, "We hope to have that to you real soon."
Commissioner Robert S. Miller remarked about parking on the street and Mr. Baker said,
"The idea was to have parking only." Commissioner Miller added, "So, that is going to
be their documents then, that you are only allowed to park on one (1) side?" Mr. Baker
responded, "Yes."
Commissioner McGinnis said "I have some real concerns about the parking too. I don't
think adequate guest parking has been provided."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE170F26
Regarding possible exceptions to the City Code, Commissioner Blake said that, "This
question about on street parking that is in here on one (1) side, that is a violation of that
portion of our general City Code, Section 12-65., I believe, and can that be negotiated
away, through a Development Code or through a Developer's Agreement?" Attorney
Garganese responded, "No." Commissioner Blake added, "That would be one area that I
think we would look at as we go forward on this."
Attorney Garganese stated, "There is a statement in the Staff Analysis which troubles me,
and that is a 'Waiver of Comprehensive Plan Policy' under the Conservation Element.
We don't waive or vary Comprehensive Plan requirements - that is not permissible."
Tape 2/Side B
With discussion, Commissioner Blake suggested, "I think there needs to be more space
allotted to the ingress and egress - storage of vehicles question." Furthermore,
Commissioner Blake stated, "I think this thing probably needs a lot more work from our
Attorney and our Staff before we could pass any real judgment on it."
Discussion. Commissioner Miller said, "I am a little uncomfortable making a decision
based on what I have heard. I would like to see Staff look at this a little bit."
Additionally, Commissioner Miller said, "The Mayor hit on the point that is of the most
concern to me and that is that we have a lot of projects in the City that looked great
twenty (20) years ago and now we know what it was that made them fail in the last
twenty (20) years - and a lot of it has to do with stress, and too many people living in a
small area, no matter how great it looks, people just kind of give up after a while and go
somewhere else because they get tired of these issues."
Mr. Thomas Corkery, 759 Bear Creek Estates, Winter Springs, Florida: addressed the
City Commission and stated, "These are the exact architectural drawings of what we are
going to build there. There are going to be some eight (8) units, six (6) units and four (4)
unit buildings. It will be block construction on the first floor, frame on the second. The
widths of the road are twenty-two feet (22') wide."
Next, Mr. Corkery explained, "I disagree with Kip that a - non-inverted roadway versus
an inverted roadway is better than the other." Mr. Corkery then addressed parking and
said, "My shortest driveway is sixteen feet (16')."
Mr. David 1. Evans, PE., President, Pecht Evans Engineering, Inc., (PEC), 501 East
Jackson Street, Suite 202, Orlando, Florida: stated that "The number of sixteen foot
(16') driveways in the project, out of eighty-eight (88) units is twenty-three (23). The
next size up, which is the balance and above is eighteen feet (18'). If you look on the Site
Plan there are some units that have, even along the long straightaways that you talked
about earlier."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10,2004
PAGE 180F26
Mr. Corkery then pointed out that "As we have read the code for private roads, we have
the right - and I disagree with you Sir, to have on-street parking. With discussion, Mr.
Corkery stated, "Not only did we provide - dual ingress and egress for the property here,
we are also having an additional - which this Plan does not show - an additional
emergency access for this project.
Mr. Corkery stated, "The price range is $160,000.00 to about $185,000.00."
Furthermore, Mr. Corkery added, "The only thing the Homeowner's are going to own is
the unit themselves. So, all the landscaping, all the - tree-trimming, all the street
cleaning, all the clean-outs and everything is all the responsibility of the Homeowner's
Association." Next, Mr. Corkery stated, "I have two and three-quarters (2 3/4) parking
areas per unit; the trees - I have over three 396 credits of trees left to use under your
Ordinance. "
Mr. Corkery then commented on copies of Development Agreements or Homowner's
Association documents that are provided to the City and apologized that the City
Attorney did not receive a copy of the Developer's Agreement. Mr. Corkery added,
''Next time you [Attorney Garganese], will get the first copy. The Banner signs for that
Variance - I am asking instead for fifteen (15) days, I am asking for nine (9) months.
These are Banners that are inside the project, inside by the wall." Continuing on, Mr.
Corkery stated, "My roads are two feet (2') wider than - wanted twenty-four foot (24')
wide, but the concern was the driveways." I think with certain constraints, the eighteen
foot (18') long driveways, parking on side of the street, with signage for towing and only
parking on one side of the street; managed by a Homeowner's Association, I believe this
could be a very viable, successful pretty townhouse development."
Commissioner Miller inquired, "Is that depiction there pretty much to scale?" Mr.
Corkery responded, "Actually, yes it is - the driveways are not - this is - one of your
Variances - we didn't talk about this was your City Code is ten foot (10') for rear
setbacks on the units. I'm asking for six (6). I would like that additional four feet (4'), as
I talked about, as I pushed these units closer to the pond for a six foot (6') maintenance
berm - I pushed these units four foot (4') back to make those driveways a minimum of
eighteen feet (18') long, so instead of a ten foot (10') rear setback, I have a six foot (6')
rear setback. I have a wall and a fence on both sides of the property - this is all open area
here - of course that's the 300 hundred acres - that St. Johns Conservation owns right
now."
The average number of cars per family was discussed next, and Commissioner Miller
stated, "This is one of the issues that I would like to get more information on."
Commissioner Miller then asked "What is the front on each one of these townhouses?"
With further discussion on parking capacity, Commissioner Miller said, "Until I have
more data I am uncomfortable with your solution which is that they can park on one side
because I think there is a good likelihood that it is going to be a constant row of cars all
along the roadway."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 190F26
Furthermore, Commissioner Miller stated, "I don't think you solved the parking problem
in my opinion. If everybody has one (I) car, you don't have a problem. If everybody has
two (2) cars, I think you are right on the borderline. If you get a couple of family's in
with four (4) or five (5) vehicles, I think you have a parking problem. And it - is not
going to work well the way you have got it - if you had some parking areas for guest
parking, that might be the solution." Commissioner Miller then said, "I will make it my
business in the next couple of weeks to look into what is the average number of cars."
Mr. Corkery then stated, "I have two and three-quarters (2 3/4) parking spaces per unit-
under my plan." Commissioner Miller pointed out, "But that includes parking on the
roadway?" Mr. Corkery stated, "That's correct." Mayor Bush remarked, "You
mentioned the 'No Parking Zones'. Where would they be?" Mr. Corkery replied, "On
the entire right side ofthe road." Mayor Bush said, "On the outside?"
With further discussion, Commissioner McGinnis asked Mr. Corkery, "Is there any way
you can configure some extra parking spots for guests?" Discussion.
Mayor Bush then inquired, "Is there going to be storage other than in your garage?" Mr.
Corkery stated, "Yes, you have the storage areas under the stairs, that go up to the second
floor; you have storage in the attic." With additional discussion on whether there was
plywood on the floor of the attic, Mr. Corkery stated, "We have an attic; we have storage
under the stairs but I can't honestly answer if I have plywood on the rafters in the attic for
storage. I would have to get back to you on that." Mayor Bush stated, "Okay."
Tape 3/Side A
Further discussion.
Attorney Garganese suggested that this needs to go to the next Meeting.
"MOVE THIS ITEM TO THE NEXT MEETING - GIVE THE ATTORNEY A
CHANCE TO REVIEW THE DOCUMENT, COME BACK TO US AND ALSO
PERHAPS GIVE EVERYBODY AN OPPORTUNITY TO REFLECT ON ALL
THE DIFFERENT THINGS THAT WE HAVE TALKED ABOUT THIS
EVENING - HOPEFULLY COME UP WITH SOME SOLUTIONS TO THE
MOST GLARING ISSUES - THAT IS THE MOTION." MOTION BY
COMMISSIONER BLAKE. MAYOR BUSH STATED, "MOTION BY
COMMISSIONER BLAKE TO MOVE THIS ITEM TO THE NEXT MEETING -
ASSUMING THE ATTORNEY WILL HAVE TIME TO REVIEW THE
DOCUMENTS AND ALSO I THINK TO GIVE THE COMMISSION A LITTLE
MORE TIME TO STUDY SOME OF THE THINGS THAT TOM (CORKERY)
HAS BROUGHT UP TONIGHT AS WELL." SECONDED BY COMMISSIONER
MILLER. DISCUSSION.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10,2004
PAGE 20 OF 26
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
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REGULAR
501. Community Development Department
Requests The City Commission Consider Interpreting The C-2 Permitted Uses,
Section 20-252. Of The City Code, Provisions To Allow Coffee Roasting And
Distributing As A Permitted Use.
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Mr. Leonard Lamastus, 958 Oak Drive, Oviedo, Florida: addressed the City
Commission and stated, "We have grown very fast the last three (3) or four (4) years, so
we decided to move the operation from where we are to a bigger location so we can have
a showroom for coffee equipment and all that, and where we can put our new equipment
that we just purchased, about $250,000.00 in brand new packaging and roasting
equipment."
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Furthermore, Mr. Lamastus stated, "It is a very clean operation, we will have everything
in air-conditioned rooms, the packaging rooms and all that - only the roaster is going to
be - outside of the air-conditioning. We plan to bring in school children and give them
tours of the facility and all that for education and - and maybe in the future, if the folks
allow it, we might want to have people come and tour it."
Commissioner Blake inquired about the related transportation. Mr. Lamastus then
pointed out that "Trucks come in once a week, once or twice a week to deliver the coffee
and we ship mostly by UPS [United Parcel Service]. We should probably once or twice a
month through trucks but it is mainly UPS [United Parcel Service] - we ship out. We
ship at least eighty percent [80%] of the coffee that we sell through UPS [United Parcel
Service]." Regarding daily traffic, Mr. Lamastus stated, "Right now what we have in
downtown Orlando are, we have - customers that come in to pick up their coffee maybe
five (5) or six (6) times a day - five (5) different people. I mean if the business grows
like we expect it to grow, we would like to have more people coming in or out."
Commissioner Blake then inquired, "Would you be willing to change your label - it
could say like the "Pride of Winter Springs." Mr. Lamastus replied, "We could come up
with something like that."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10,2004
PAGE 2] OF26
Discussion.
"I MOVE THAT WE INCLUDE COFFEE ROASTING, GRINDING AND
DISTRIBUTION AND APPROVE THIS ITEM '501'." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Deputy Mayor Martinez departed the Meeting at 10:12 p.m.
REGULAR
502. Community Development Department - Plans and inspections Division
Requesting Supplemental Appropriation From The Development Services Fund
Balance For Contract Inspection Services And Other For The Building Division
Plans And Inspections Budget.
Mr. Dennis Franklin, Building Official, Community Development Department addressed
this Agenda Item.
Discussion.
"I MOVE THAT WE APPROVE AGENDA ITEM '502' - REVISED." MOTION
BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "THE MOTION IS
TO APPROVE '502' REVISED." SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS
MINUTES
-CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 22 OF 26
REGULAR
503. Finance Department
Requests That The City Commission Adopt Resolution Number 2004-13 Amending
The FY [Fiscal Year) 04 Budget.
Discussion.
"MOTION TO APPROVE ITEM '503'." MOTION BY COMMISSIONER
MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER
McGINNIS." DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REPORTS
REPORTS
600. Office Of The City Attorney - Anthony A. Garganese, Esquire
Attorney Garganese said that "Potchen filed a second complaint" regarding the McLeod
case and the City.
REPORTS
601. Office Of The City Manager - Ronald W. McLemore
Discussion ensued on holding a Budget Policy Workshop. With discussion, it was agreed
to hold this Workshop on Tuesday, June 1 S\ 2004 at 6:30 p.m.
Manager McLemore then stated, "The City Attorney and I would like to get your
authority to move ahead with the foreclosure on the remaining four (4) units of the
Wyman Fields project."
"MOTION TO AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY
TO MOVE FORWARD." MOTION BY COMMISSIONER BLAKE. SECONDED
BY COMMISSIONER McGINNIS. DISCUSSION.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10,2004
PAGE 23 OF 26
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
REPORTS
602. Office Of The City Clerk - Andrea Lorenzo-Luaces
City Clerk Lorenzo-Luaces mentioned "I received a call today from the City of Oviedo -
their [City] Clerk was wondering who was taking Minutes for this meeting coming up on
the 25th [of May] and I thought the Commission had discussed that their Clerk would
handle the first Meeting - is that correct?" Mayor Bush said, "They are the host, I would
think they would provide that."
City Clerk Lorenzo-Luaces added, Their Clerk "Was unaware of anything - and I
mentioned you all had talked about refreshments, and she was unaware of that also."
Mayor Bush stated, "I will talk to the Mayor and see if I can help them get straightened
out." Discussion ensued on refreshments, and Mayor Bush added, "If we were the hosts,
I think we would have paid for it."
Furthermore, City Clerk Lorenzo-Luaces said that their Clerk also did not know that there
was supposed to be a follow-up meeting, which I thought we were hosting.
Commissioner McGinnis said, "Yes." Mayor Bush added, "I think after this first
meeting, we will decide at the meeting, whether there is a follow-up meeting."
Secondly, City Clerk Andrea Lorenzo-Luaces inquired, "Does the Commission have any
plans for an Oath of Office for Mr. Gilmore?" Discussion ensued on when Deputy
Mayor Martinez' actual last day of office was.
Attorney Garganese stated, Commissioner Martinez' last official duties - was the
attendance at the 24th ~ofMay] Meeting - at the end of the Meeting, we could swear Mr.
Gilmore in, on the 24t , so he could go to the Oviedo Meeting on the 25th." Mayor Bush
inquired, "Who should talk to Commissioner Martinez about this?" Attorney Garganese
stated, "The City Manager."
Commissioner Miller asked Mr. Gilmore, "Will you be here on the 24th [of May]?"
Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: stated, "I plan to be
here."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10,2004
PAGE 24 OF 26
Mayor Bush added, "I think it is really important that Commission Martinez agree that
Mr. Gilmore be at the Oviedo meeting."
REPORTS
603. Commission Seat One - Robert S. Miller
Commissioner Miller stated, "I am really impressed that Winter Springs has been
recognized as the sixth safest city in the entire state to live in. I think that is really a
commendation to the Police Department and this City."
REPORTS
604. Commission Seat Two - Michael S. Blake
No Report.
REPORTS
605. Commission Seat Threeilleputy Mayor - Edward Martinez, Jr.
No Report as Deputy Mayor Martinez had already departed.
Tape 3/Side B
REPORTS
606. Commission Seat Four - Sally McGinnis
Commissioner McGinnis stated, "I have a copy of the City of Sanford's 'Municipal
Mentoring Leave Policy,' something I don't believe Winter Springs has ever done - the
City gives an hour of paid time for employees to do Mentoring in the schools." With
discussion, Commissioner McGinnis added, "I think it is a great idea, our City is growing
now - I have a copy of that. I will just leave it here with Andrea [City Clerk Lorenzo-
Luaces] and someday I will bring it back because I think - we have a lot of employees
that might be interested in it." Mayor Bush suggested, "It might be something, maybe the
Manager would want to poll the employees, to see if they were interested in. And as we
heard tonight from Parks and Recreation, the employees do contribute time, working with
the youth."
Commissioner McGinnis added, "I think we need more benches at the Paw Park."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MA Y 10,2004
PAGE 25 OF 26
REPORTS
607. Commission Seat Five - David W. McLeod
Absent.
REPORTS
608. Office Of The Mayor - John F. Bush
Mayor Bush mentioned that the "Opening of the Paw Park was really a good event,
which was well attended."
Next, Mayor Bush noted an email from a handicapped individual "Who was suggesting
that we give that some attention." Brief discussion.
Mayor Bush added that the "Opening of the Tijuana Flats [Restaurant] also was a really
great event for those ofthe Commission who were able to attend."
Furthermore, Mayor Bush stated, "The intersection of [State Road] 419 and State Road
434, the County people were there - replacing the - light." Mayor Bush added that he
spoke to one of the County representatives who told him that "There will be no new mast
arms there because it is not included in the beautification. Is that true?" Manager
McLemore said to Mr. Lockcuff, "We have got to talk." Mr. Lockcuff added, "We have
one cent money program to do it, but it is not part of the [State Road] 434
Improvements." Mayor Bush asked, "Is there going to be mast arms there?" Mayor
Bush added this location was right across from the Eckerds and the Church." Mr.
Lockcuff added, "Is it not part of the [State Road] 434 Improvements project - we have
got money programmed for - those two."
Mayor Bush then said, "So what you are saying is there are going to be mast arms there
someday." Mr. Lockcuff responded, "If you so direct it, yes." Mayor Bush inquired,
"What do you mean by that?" Mr. Lockcuff stated, "It is funded. We would have to
design it, and build it, and do it."
Commissioner Blake noted, "Didn't we get or have some money earmarked from Eckerd
- for the development of that?" Manager McLemore added, "I thought so."
Furthermore, Commissioner Blake said, "It is part of the Developer's Agreement, we
need to go back and take a look at that."
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ADJOURNMENT
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 10, 2004
PAGE 26 OF 26
Mayor Bush adjourned the Meeting at 10:50 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES, CMC
CITY CLERK
APPROVED:
JOHN F. BUSH
MAYOR
NOTE: These Minutes were approved at the
, 2004 Regular City Commission Meeting.
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