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HomeMy WebLinkAbout_2002 09 23 City Commission Regular Minutes EXEMPTION CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 23, 2002 I. CALL TO ORDER The Regular Meeting of Monday, September 23, 2002 of the City Commission was called to order by Mayor Paul P. Partyka 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 Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, arrived at 6:33 p.m. Commissioner Michael S. Blake, arrived at 6:32 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:32 p.m. City Attorney Anthony A. Garganese, present A Moment of Silence preceded the Pledge Of Allegiance. Agenda Changes were then discussed with City Attorney Anthony A. Garganese who stated, "Consent Item 'B,' the Agreement with Cox Radio for the 4th of July Event, we just need to make a few more revisions to that contract and we will bring it back to you at the your next Meeting - so pull it for this evening." City Manager Ronald W McLemore arrived at 6:32 p.m. Commissioner Michael S. Blake arrived at 6:32 p.m. Commissioner Robert S. Miller arrived at 6:33 p.m. II. PUBLIC INPUT Mr. John MacHaffie, 141 Partridge Circle, Winter Springs, Florida: handed out documents and commented on a possible Code Enforcement violation involving a boat on his property. Commissioner Blake stated, "Point of Order" and asked ~r this case had gone to the Code Enforcement Board. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 2 OF 25 Captain Glenn Tolleson, Winter Springs Police Department briefly addressed the City Commission regarding this matter. With discussion, Mayor Partyka advised Mr. MacHaffie that "You have to defend your case at the Code Enforcement Board." Mr. Albert Murro, 632 Cheoy Lee Circle. Winter Springs, Florida: advised the City Commission about noise and alleged damage at his residence related to nearby construction and asked the Commission "What can we do?" With discussion, Manager McLemore spoke of the construction and possible alternatives. Mayor Partyka asked Manager McLemore, "Is there something that they can do as homeowners to claim any kind of damages or file something? What would the process be on something like that?" Manager McLemore responded, "It is a Civil matter between them and the Contractor." Mayor Partyka added, "So, they could just write a letter and notify them that they are claiming damages?" Manager McLemore stated, "Absolutely, that is where they start." Commissioner Miller then said, "I would like to see us do everything we can to help stop the problem from becoming severe." Manager McLemore spoke of his concerns and added, "The Building Official has been instructed to go out and talk with the Superintendent and witness the results of the compaction test and if it looks like we don't have a good situation, then we have to go to the next step." Mayor Partyka advised Mr. Murro that "The City Manager I think understands your position so - it is safe to say nothing is going to happen until it gets resolved from his standpoint." Commissioner Edward Martinez, Jr. suggested that Mr. Murro, "Go home and prepare a letter and send it Registered Mail, Receipt Requested to the Developer, advising him of the damages that they are causing to your property - and this way you are on record." Mr. Michael Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: asked about the lighting for the Tuskawilla Office Park. Manager McLemore was asked if he knew what size the lights will be. Manager McLemore stated, "I don't remember - be happy to look at it." Mayor Partyka said to Mr. Tackaberry, "We will get an answer on that." Mr. Brian Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: thanked the Mayor and City Commission for appointing him to the City's new Tree (Arbor) Ordinance Review Advisory Committee. Mr. Oliver also spoke of his concerns with drainage; standing water; and asked when the Developer would be on their side of the wall. Mayor Partyka pointed out that "I believe the City Manager is going to note all those things" and speak with the Superintendent tomorrow. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEM BER 23,2002 PAGE 3 OF 25 Mr. Corey Green, : as the President of the Winter Springs Professional Firefighters, Mr. Green asked when the Commission could meet with his organization to discuss their Contract. Commissioner Blake stated, "I would request we don't do it during a Regular Meeting - I would think a Special Meeting would be in order." With discussion, Mayor Partyka stated, "This Meeting is going to be strictly on the Fire Department issue and it will be at 6:30 p.m. on Tuesday, the 29th" of October. Manager McLemore added, "It is a Special Meeting." III. PUBLIC HEARINGS (NEW AGENDA ITEMS FOR THIS MEETING) PUBLIC HEARINGS A. Office Of The City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2002-32, Which Establishes The Final Millage For Fiscal Year 2002-2003 For The City Of Winter Springs At 4.1658 Which Is 15.58% Above The Rolled-Back Rate Of 3.6043. Manager McLemore introduced this Agenda Item. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Deputy Mayor Cindy Gennell spoke for the record about sufficient reserves and a possible Millage Rate increase. Discussion. Attorney Garganese stated, "Florida law requires that the City of Winter Springs as all taxing authorities publicly announce certain items in this Resolution, so I am going to go ahead and read the Resolution by 'Title. ", Attorney Garganese read the Resolution by "Title." "MOTION TO APPROVE RESOLUTION 2002-32." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 4 OF 25 VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. Office Of The City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of: . Resolution Number 2002-33, Establishing The Final Budget For Fiscal Year 2002-2003. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MOVE TO APPROVE ITEM 'B,' RESOLUTION NUMBER 2002-33 EST ABLISHING THE FINAL BUDGET FOR FISCAL YEAR 2002-2003. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. IV. REGULAR - PART I (CONTINUED FROM THE SEPTEMBER 9,2002 REGULAR MEETING) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23. 2002 PAGE 5 OF 25 REGULAR C. Community Development Department Requests The City Commission Reconsider Information About Boat Docks. "I MOVE TO RESCIND THE PREVIOUS MOTION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape IISide B Brief discussion. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: NAY MOTION CARRIED. With discussion on this and previous Motions, Deputy Mayor Gennell said, "The intent of the Motion was simply to bring it back up to be Agenda'd again." Mayor Partyka agreed and explained, "You can do whatever this Commission wants to do, so it is not a reconsideration, it is a new item." Attorney Garganese added, "We start over." Mayor Partyka also said, "It is like we are starting all over again." With discussion on environmental concerns with Lake Jesup, Deputy Mayor Gennell stated, "I would suggest that we instruct the City Manager to update the quotes on this to make sure that we know exactly how much it is going to cost to bring it back to us at the next Meeting for a final decision." Further discussion. .:. .:. AGENDA NOTE: THE FOLLOWING TOOK PLACE DURING THIS AGENDA ITEM. .:. .:. Boy Scout Troop 613 entered the Commission Meeting and were recognized by the City Commission. The Boy Scouts from this Troop were attending this Commission Meeting while working towards their Citizenship Badge. .:..:. AGENDA NOTE: REGULAR AGENDA ITEM "C" - PART I WAS FURTHER DISCUSSED. .:. .:. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 6 OF 25 COMMISSIONER MILLER SAID, "CALL THE QUESTION." MOTION BY COMMISSIONER MILLER. MAYOR PARTYKA STATED, THERE IS A MOTION TO CALL THE QUESTION." MOTION DIED FOR LACK OF A SECOND. Further discussion. Commissioner Miller stated, "Point of Order" and spoke of calling the question. Commissioner Blake said, "Several Commissioners and just most recently Commissioner Martinez stated that there is much land around Lake Jesup in Winter Springs to be developed and I simply ask him ifhe could point out to me exactly where that land is." "I MAKE A MOTION AT THIS TIME THAT WE DO NOT RECONSIDER ITEM 'c' - TO SPEND ANY MORE FUNDS, NOR TIME REGARDING THE BOAT DOCK ISSUE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. "I MOVE THAT WE DIRECT THE CITY MANAGER TO UPDATE THE INFORMATION IN THIS BOAT DOCK CONTRACT AND MAKE SURE WHAT THE PRICE IS AND EVERYTHING AND BRING IT BACK ON OUR NEXT AGENDA." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO REQUIRE THE CITY MANAGER TO ALSO BRING BACK TO US IN THAT SAME INFORMATIONAL PACKET A MAP OF THE CITY DEPICTING EXACTLY WHAT AREAS ALONG LAKE JESUP COULD POTENTIALLY BE DEVELOPED THAT WOULD BE AFFECTED BY THIS WORK." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 7 OF 25 VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE Deputy Mayor Gennell stated, "Point of clarification" and stated, "Just so we understand, it will be an Agenda Item that can be acted on that night. " DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR D. Office Of The City Clerk Requests That The City Commission Consider Holding An Unveiling Ceremony For The Bronze Plaque That The City Commission Approved In Honor Of Former City Clerk, Mary T. Norton. City Clerk Andrea Lorenzo-Luaces suggested to the City Commission the date of October 14th, 2002 (6:00 p.m.), as this date would be very acceptable to the family of Mary Norton. With brief discussion, Mayor Partyka asked Members of the City Commission, "Does everybody agree with that?" Commissioner Blake stated, "Yes." Commissioner Martinez said, "No problem." Mayor Partyka summarized, "So be it - 6 o'clock, prior to the Meeting." REGULAR E. Office Of The City Manager Requests That The City Commission Make An Appointment To The Metroplan Orlando Citizens' Advisory Committee, To Replace Mr. Robert J. Lochrane, P.E. Who Has Recently Resigned. (This Agenda Item Was Listed On Previous Regular Agendas, However No Appointment Has Been Made Thus Far.) Mayor Partyka inquired, "Does anybody have anyone at this point in time? If not, we will put it on the next Agenda." Commissioner Martinez stated, "So moved." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 8 OF 25 REGULAR G. Office Of The City Manager Requests The City Commission Consider The Issue Pertaining To The Waiving Of Fees For Political Signs For Qualified Election Candidates For The Upcoming Election And Possibly For All Future Elections. Discussion. "MOTION THAT WE WAIVE THE FEES FOR THE POLITICAL SIGNS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. WITH DISCUSSION, ATTORNEY GARGAN ESE INQUIRED "IS THERE A [FEE] SCHEDULE FOR POLITICAL SIGNS?" COMMISSIONER BLAKE ADDED, "IF THERE IS A SCHEDULE OF PERMIT FEES, THEY OUGHT TO BE PART OF THIS AGENDA ITEM, IF WE ARE TALKING ABOUT CHANGING IT." MANAGER McLEMORE STATED, "BE HAPPY TO GET ONE FOR YOU." COMMISSIONER BLAKE THEN STATED, "MY REAL CONCERN IS IF WE ARE GOING TO CHANGE THE RULES, AND IT IS AN ORDINANCE - THEN WE NEED TO USE AN ORDINANCE, BUT MORE THAN THAT, WE ARE TALKING ABOUT A PERMANENT SOLUTION HERE. ANTHONY [GARGANESE], I KNOW THAT PORTION OF THIS CODE IS PROBABLY NOT IN COMPLIANCE WITH SOME OF THE MOST RECENT CONSTITUTIONAL RULINGS THA T HA VE BEEN OUT THERE, AND I WOULD REALLY THINK THAT WE WOULD WANT TO HAVE AN ORDINANCE TO UPDATE OUR CODE TO MAKE SURE THAT WE DON'T HA VE THIS ISSUE TWO (2) YEARS FROM NOW." ATTORNEY GARGANESE STATED, "THAT IS AN ISSUE WE ARE LOOKING INTO?" COMMISSIONER MARTINEZ SUGGESTED, "WE OUGHT TO WORK ON A RESOLUTION TO BE BROUGHT BACK TO US TO ESTABLISH THIS IN PERMANENCY, WOULD YOU AGREE?" ATTORNEY GARGANESE STATED, "I WOULD AGREE THAT YOU NEED A PERMANENT SOLUTION TO IT." DEPUTY MAYOR GENNELL REMARKED THAT, "I THINK WE SHOULD WAIVE THE FEES AS WE HAVE IN THE PAST AND THEN DO WHAT COMMISSIONER MARTINEZ SAID, 'ANTHONY, BRING US BACK SOMETHING THAT WILL WORK' SO THAT WE ARE NOT INFRINGING ON ANYBODY'S RIGHTS DURING THE POLITICAL SEASON." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEM BER 23,2002 PAGE 9 OF 25 MAYOR PARTYKA ASKED ATTORNEY GARGANESE, "REGARDING WHAT HAPPENED IN THE PAST, IS IT PROPER THOUGH, FROM A LEGAL STANDPOINT - EVEN THOUGH THE FEES MAY BE WAIVED, ARE THE PERMITS STILL REQUIRED?" ATTORNEY GARGANESE STATED, "YES, THEY ARE REQUIRED TO GET A PERMIT - EACH CANDIDATE." THE CITY CLERK WAS ASKED TO REPEAT THE MOTION AND STATED THAT THE MOTION MADE WAS: "MOTION THAT WE WAIVE THE FEES FOR POLITICAL SIGNS." VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION TO DIRECT THE CITY ATTORNEY TO BRING US BACK A DOCUMENT IN THE FORM OF A RESOLUTION OR WHATEVER - AN ORDINANCE TO THE EFFECT THAT WE WILL HANDLE ELECTION SIGNS IN THE FUTURE IN THE PRESCRIBED MANNER, BENEFICIAL TO ALL, AND WITHIN THE LIMITS OF THE LAW." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese stated, "Just for the record - as the Commission knows, because I have advised you previously, that to regulate Political Signs I am going to have to come back with a comprehensive fe-write of your Sign Code." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 10 0F25 REGULAR I. Office Of The City Clerk Requests That Members Of The City Commission Make Two (2) Appointments To Replace Previous Advisory Board/Committee Members Who Have Been Removed From Several Of The City's Advisory Boards/Committees As A Result Of Exceeding The Permitted Number Of Absences, In Accordance With The Code Of Ordinances. "FOR THE POSITION TO THE BOARD OF ADJUSTMENT, IN PLACE OF MS. RANDALL - I WOULD LIKE TO APPOINT GARY DILLER." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. As no other Appointments were made, Mayor Partyka stated, "We will put it on the next Agenda. " REGULAR J. Office Of The City Clerk Requests That Commissioner Michael S. Blake Make An Appointment To The Beautification Of Winter Springs Board To Replace Board Member Dart Helgeson Who Has Resigned From Serving On The Beautification Of Winter Springs Board. Commissioner Blake stated, "With your indulgence, I am really trying to wait on that until we get done with the re-write of the Ordinance." REGULAR N. Community Development Department Requests That The City Commission Clarify The Intent Of The State Road 434 New Development Overlay Zoning District And Greene Way Interchange Zoning District Regarding Neon Signage. Mr. John Baker, AICP, Current Planning Coordinator Community Development Department introduced this issue and presented some photographs to the City Commission for their consideration. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE II OF 25 Tape 2/Side A Manager McLemore stated, "The type of signs that the Commission is talking about, those which have the open tube with the gas in them and that are charged and then they light up and hang inside - that we think is what you do not want." Further, Manager McLemore said, "If it has a neon bulb behind it, is that a neon sign, because the way the language is written? So, I think if you are telling us that your intent was not to deal with the signs that have a neon bulb, but these type of signs that are a hollow tube with the gas in them, that is all we need to know." Commissioner Blake added, "No exposed neon." Deputy Mayor Gennell stated, "It is my recollection also, exactly like Commissioner Blake, that it was our intent not to allow the exposed hollow tube neon lights." Commissioner Martinez added, "I agree with the two (2) Commissioners." Mayor Partyka asked Mr. Baker, "What is the consensus of the group?" Mr. Baker responded by saying, "That this type of neon, the exposed neon is prohibited, but the - back-lit signs such as what we saw for the Christian Bookstore, the Kash n'Karry, or what we saw last meeting for the Publix is acceptable because that doesn't have the appearance of neon, even though it is neon powered." Commissioner Martinez stated, "You have got it right." Attorney Garganese then remarked, "What are we going to do with the existing signs?" Attorney Garganese added, "Some of those signs, my guess would be - were recently installed." Manager McLemore remarked, "I think that is another Agenda Item - I think we should bring that back next week." Attorney Garganese added, "It is a problem - it will have to be addressed." Commissioner Blake stated, "Point of Order" and spoke about the Attorney's comments. Mayor Partyka then said, "Mr. Garganese, you have got instructions. If you have got any questions, bring them up at the next Commission Meeting or see Mr. McLemore - or work on the details." Deputy Mayor Gennell stated that she has had "Several contacts from business owners on the west side of the City that have some pre-existing signs and they have received letters. " Commissioner Blake stated, "Point of Order" and remarked about Deputy Mayor Gennell's comments. Deputy Mayor Gennell added, "Just apprising the City Manager and the Commission that there is a lot of concern out there and we may want to revisit this in some way to at least give them a feeling of being treated equitably." Commissioner David W. McLeod commented that "We are talking about neon - do you know you get the same look out of fiber optic?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23. 2002 PAGE I20F25 .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE NOT NECESSARILY DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. V. CONSENT (NEW AGENDA ITEMS FOR THIS MEETING) CONSENT A. Office Of The City Manager Requests The City Commission Consider Purchasing Extra Copies Of The City's Promotional Video Presentation, Recently Produced By The Company - Avid Neo Geo, And To Set The Price Point For Any Copies That Are To Be Purchased. CONSENT B. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Cox Entertainment For July 4, 2003, Entertainment And Concessions. NOTE: As stated at the beginning of tonight's Meeting, Consent Item "B," was pulled. CONSENT C. Parks And Recreation Department Requesting Authorization To Execute Amendment 75 Central Winds Park Expansion For Consulting Engineering Services, Final Grading Plan With Conklin, Porter, And Holmes Engineers, Inc. CONSENT D. Finance Department Requesting The City Commission Select An Insurance Carrier For The City's Life Insurance And Long Term Disability Needs For FY 03. CONSENT E. Finance Department Requesting That The City Commission Approve The Government Services Group, Inc. (GSG) Contract For Both Oak Forest And Tuscawilla Lighting And Beautification's District Annual Administrative Assessment Services In The Amount Of $12,500 Each For FY 03. Commissioner Martinez inquired if this Agenda Item had gone before the related Advisory Committee(s) for discussion prior to coming before the City Commission? Ms. Louise Frangoul, Finance Department Director responded that this issue had not gone before the respective Advisory Committee(s). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 13 OF 25 Commissioner Martinez then stated, "I am going to request that this be pulled and be voted on separately." CONSENT F. Parks And Recreation Department Requesting Authorization To Execute Amendment 76 Central Winds Roadway And Entrance Improvements For Consulting Engineering Services With Conklin, Porter, And Holmes Engineers, Inc. CONSENT G. Community Development Department Requests The City Commission Approve And Authorize The Mayor To Sign An Amended Interlocal Agreement With Seminole County For The Design, Construction And Maintenance Of Certain Sections Of The Cross Seminole Trail, Within The City Of Winter Springs Town Center. CONSENT H. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of The Intersection Signalization System Improvements At State Road 434 And Tuskawilla Road. CONSENT I. Public Works Department/Stormwater Division Requesting Emergency Authorization For Repairs To The Mt. Laurel Retention Pond. CONSENT J. Public Works Department Requesting Approval Of: 1) A Permanent Public Improvements And Maintenance Easement And Agreement And 2) A Temporary Road Access Easement And Agreement From The State Of Florida DEP, Bureau Of Public Lands Administration, Division Of State Lands. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 14 OF 25 CONSENT K. Finance Department Requesting The City Commission Select An Insurance Carrier For The City's General Insurance And Worker's Compensation Insurance Needs For FY 03. Mayor Partyka stated, "Let's act on the total Consent Agenda, excluding 'E.' I need a Motion to approve the Consent Agenda." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS PULLED OFF OF THE CONSENT AGENDA FOR INDIVIDUAL DISPOSITION. .:. .:. VI. CONSENT (NEW AGENDA ITEMS FOR THIS MEETING) CONSENT E. Finance Department Requesting That The City Commission Approve The Government Services Group, Inc. (GSG) Contract For Both Oak Forest And Tuscawilla Lighting And Beautification's District Annual Administrative Assessment Services In The Amount Of $12,500 Each For FY 03. "I WOULD LIKE TO MAKE A MOTION THAT WE DO NOT APPROVE THIS REQUEST AT THIS TIME, UNTIL WE HAVE SOME VERIFICATION AS TO THE BOARD'S ACTION ON THIS ITEM." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 150F25 Mayor Partyka stated, "I am sure that information will come back at the next Meeting." .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. VI. CONSENT (NEW AGENDA ITEMS FOR THIS MEETING) CONSENT H. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of The Intersection Signalization System Improvements At State Road 434 And Tuskawilla Road. Brief discussion. Mayor Partyka stated, "By the way, thank you for all your work on the Mt. Laurel retention issue, Mr. Lockcuff - we appreciate that - and the people appreciate it." Commissioner Blake agreed and stated, "Yes!" .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE NOT NECESSARILY DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. VII. INFORMATIONAL (NEW AGENDA ITEMS FOR THIS MEETING) INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Finance Department Requesting The City Commission Consider Information Requested At The 7/15/02 Budget Workshop Regarding City Attorney Billable Hours. Commissioner Miller stated, "I am not happy with the Legal Fees that the City is enduring right now. The second thing I would like to raise - I would like to see some Informational Item - information on how many cities our size, or maybe - a couple thousand either side of ours, are using their own Counsel, as opposed to outside Counsel." Manager McLemore stated, "We went through that about three (3) or four (4) weeks ago, at a Budget Meeting." With discussion, Commissioner Miller stated, "I will go back and check, thank you. I will raise it again if it needs to be." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 16 OF 25 INFORMATIONAL C. Public Works Department Updating The City Commission On The Status Of The Tuscawilla Lighting And Beautification District Project. INFORMATIONAL D. Public Works Department Updating The City Commission On The Status Of The Town Center Roads Project. Discussion. INFORMATIONAL E. Office Of The City Clerk Wishes To Inform The City Commission Of The Candidates That Have Qualified For The November 5, 2002 City Of Winter Springs Municipal Election. "MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka then advised those in attendance that regarding the upcoming Election, "Three (3) people have been qualified for Mayor: John F. Bush, Cindy Gennell, Paul P. Partyka. Commissioner Seat/District Two - Michael S. Blake is Unopposed. He is now the Commissioner for the next four (4) years - we congratulate Commissioner Blake on his win. And then under Commissioner Seat/District Four, we have Dick Crenshaw - Sally McGinnis - and Helga Schwarz." Furthermore, Mayor Partyka stated, "So again, Congratulations to Mr. Blake, Congratulations to everybody else who wishes to participate in the Election process; and Good Luck, one and all." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23. 2002 PAGE I70F25 VII. PUBLIC HEARINGS (NEW AGENDA ITEMS FOR THIS MEETING) PUBLIC HEARINGS C. Community Development Department Presents To The City Commission, The First Reading Of Ordinance Number 2002- 29, To Vacate And Abandon A Segment Of Old Sanford Oviedo Road Right-Of- Way (ROW). Mayor Partyka stated, "Looking for a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. The property in question was shown to those in attendance. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title." Mr. Baker introduced this Agenda Item. Mr. Vincent A. Con testa bile, 200 Old Sanford Oviedo Road, Winter Springs, Florida: addressed the City Commission. Discussion. Commissioner Blake said, "Kip [Lockcuff] or Mr. Manager, I think we would want an Agreement in writing and have all of this taken care of prior to the actual vacation of this right-of-way, and make sure that all parties are very clear on exactly, who is getting what." Manager McLemore stated, "Okay - next Meeting." Further discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23. 2002 PAGEI80F25 "I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE ITEM 'c' AND MAKING IT SO THAT THIS GENTLEMAN CAN GO FORWARD AT THE PRESENT TIME, SO I WOULD APPROVE IT AS FIRST READING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "SHOULD WE INCLUDE COMMISSIONER BLAKE'S RECOMMENDATIONS ABOUT AN AGREEMENT IN THIS MOTION?" COMMISSIONER McLEOD STATED, "I DEFINITELY WOULD AGREE TO THAT." Tape 2/Side B MAYOR PARTYKA STATED, "FROM A LEGAL STANDPOINT, IF HE FINDS US PROOF THAT HE ACTUALLY HAS THE RIGHT-OF-WAY VACATED, ALL THIS IS A MOOT POINT." ATTORNEY GARGANESE STATED, "THAT IS CORRECT. IF THE EASEMENT - THE RIGHT-OF-WAY HAS BEEN V ACA TED, IT HAS BEEN V ACA TED." VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka said to Mr. Contestabile, "I think it would behoove you to try to see if you have got any records." PUBLIC HEARINGS D. Office Of The City Attorney Requests The City Commission Consider Second Reading of Ordinance 2002-28 That Would Amend The City Code To Provide Clarification Regarding The Administration Of Boards And Committees Appointed Under The City Code. Attorney Garganese read Ordinance 2002-28 by "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE I90F25 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS E. Community Development Department Presents To The Commission, The Second Reading Of Ordinance Number 2002-27, Which Will Vacate And Abandon A 66.65 Foot Long Segment Of A 5 Foot Wide Utility Easement, Located Along The West Side Of Lot 10, The Reserve At Tuscawilla, Phase I-A. Attorney Garganese read Ordinance Number 2002-27 by "Title" only. Mr. Baker presented introductory comments to the City Commission. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake stated, "The last time this came up, I asked the questions about whether or not this was the property that had already received a Variance because of the front of the building being placed within the setback area and for a better description of exactly what type of wall they are looking to build; where it is going to exist and whether or not that construction also would be a violation of the setback?" Commissioner Blake then suggested, "I think that this is an important aspect of a request to move into an area that was specifically reserved for the public good and this is twice now on the same property. I think we need additional information before we can go forward on this. We had asked for it before, and we don't have it yet - I would ask that we continue this to the next Meeting, giving Staff an opportunity to go back and bring this information to us and I would ask that we do that in a way that we preserve advertising, so we don't have any additional costs." "I WOULD LIKE TO MAKE A MOTION THAT WE POSTONE UNTIL THE NEXT REGULAR COMMISSION MEETING, THE SECOND READING AND ADOPTION HEARING OF ORDINANCE 2002-27, PRESERVING THE PUBLIC HEARINGS ADVERTISING - THE NEXT REGULARLY SCHEDULED MEETING WHICH IS OCTOBER 14, 2002." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 20 OF 25 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VIII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR A. Parks And Recreation Department Requesting The City Commission To Approve Resolution Number 2002-31 Establishing New Fees To Be Paid By Individuals Or Groups For Exclusive Use Of Sports Fields At Central Winds Park, Trotwood Park, Torcaso Park And Sunshine Park. Mr. Chuck Pula, Parks and Recreation Department Director addressed the Commission. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR B. Not Used Mayor Partyka called a Break at 8:59 p.m. The Regular Meeting reconvened at 9:10 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE210F25 REGULAR C. Community Development Department Presents To The City Commission, The Final Engineering And Site Plan For The Highlands Apartments, Phase II. Manager McLemore stated, "I recommend that this item be Tabled until the next Meeting." "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. IX. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the Commission that "The Rawlins Code Enforcement Citation Case - the Rawlins' have filed a Notice of Appeal indicating their intent to appeal the decision of the County Court." Secondly, Attorney Garganese reported that "On the Oviedo/Seminole County litigation - all of the briefs have been filed and we are waiting for a Court decision on that." REPORTS B. City Manager- Ronald W. McLemore No Report. REPORTS C. City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces said to the Commission, "With the passage of the new Ordinance dealing with Board Members and their attendance, does the Commission still wish to receive attendance reports?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 22 OF 25 Mayor Partyka asked for input from the Commission. Commissioner Miller stated, "I would be interested in receiving them on a Quarterly basis or semi-annual, but not monthly." Commissioner Blake remarked that "I think semi-annual is probably enough. If there is a particular time of the year when Boards come up significantly - a July time when a lot of the Boards turn over a lot, perhaps near that time; and I am sure it is always available upon any Commissioner's request too." Commissioner Martinez stated, "No, I think that we are imposing a tremendous task on the City Clerk and her Staff and it will take up time and great effort when we are supposed to have a report from the City Clerk whenever a Board Member is absent for a number of meetings - they are supposed to submit a report to us, so we can take action; so I don't think we need it. I am against it." Deputy Mayor Gennell stated, "Semi-annual." Commissioner McLeod responded by saying, "It would seem that if we are going to monitor this, the City Clerk is already monitoring it, so I would say, Semi-annual. Mayor Partyka summarized the comments and said, "Semi-annual." City Clerk Lorenzo-Luaces then brought up that when Advisory Board and Committee Members resign from serving the City, they are presented with a Resolution for their service. The question was asked of the City Commission as to should Advisory Board/Committee Members who are removed for attendance problems be recognized? Commissioner Blake suggested, "Before we give a single Resolution to any Board Member who has served, whether it be for ten (10) minutes or ten (10) years, it comes before this Commission to approve; and this Commission simply needs to vote Aye or Nay when that Resolution comes up - that way we can determine this on a case-by-case basis, just as we always have." Mayor Partyka added, "So, we just continue it the same way - if it is anything highly unusual, we will do that on an individual basis." REPORTS D. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez stated, "Some people came over here to object to a sidewalk on Tuscora [Drive], between Northern Way and Trotwood [Boulevard], and they approached me subsequently because they were told that since we decided not to do the road on Tuscora [Drive], you chose not to do the sidewalk that was supposed to have been done on Northern Way, extending towards Addidas [Road], and I have not received an answer - and they do want that sidewalk, not on Tuscora, but on Northern Way." Deputy Mayor Gennell commented on a previous decision and stated, "We included all of the sidewalk project in that decision." Commissioner Martinez inquired, "Is there any way you can put this back?" Manager McLemore replied, "Absolutely." Furthermore, Commissioner Martinez inquired, "So, you are going to bring this back?" Mr. Lockcuff stated, "Yes, we are going to bring the Tuscora item - if you want us to add the Northern Way as a separate item, or just as part of that same item, we can do whatever you want." Commissioner Martinez then asked, "Are you all aware of the condition of the road on Trotwood [Boulevard], between Tuscora [Drive] and Addidas [Road]?" Mr. Lockcuff inquired, "You are talking about Northern Way?" Mr. Lockcuff stated, "Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 23 OF 25 Secondly, Commissioner Martinez stated, "There is a dead tree at the end of the wall of Bentley Green - close to the crossing of the golf course?" Mr. Lockcuff stated, "Yes." Commissioner Martinez then explained about a problem with a dead tree and asked if the City's Forester actually visits each site involving the removal of a dead tree. Brief discussion. Next, Commissioner Martinez pointed out that at the "Northeast corner of Tuskawilla and Greenbriar Lane, they dug up a hole on the Greenbriar side and a bigger hole on the Winter Springs Boulevard side. They finished their work, they filled it up and they never fixed the landscaping. And all you have there is a bunch of dirt that looks very ugly, and should be taken care of." Mr. Lockcuff noted the location as Greenbriar and Winter Springs Boulevard, and that the area needs sod. Additionally, Commissioner Martinez remarked, "I don't know who took care of clearing the east side of Greenbriar Lane, from the vicinity of Hole 17, all the way down - they did a terrible job." Discussion ensued on snapped branches and the refuse that was left behind. Commissioner Martinez stated, "I would suggest that you maybe go over there and take a look and get that cleaned up - if you please." Commissioner Martinez then said, "I would like you to take a look at that and see if you can fix it up somehow; at least clean up the debris that they left behind including, and I spoke to you twice, and I spoke to the City Manager by Memo, the branches of a pine tree that fell there two (2) months ago - they are still sitting there in the same place where they have been since I brought it to your attention and to the Manager's attention." Manager McLemore asked for a direction from the Commission. With discussion, Commissioner Martinez said, "I am going to put it off until the next week, and I will bring the photos." Commissioner Martinez added that the location was Greenbriar Lane "Across the street from mostly the pond and Bentley Green - subdivision." Mayor Partyka summarized that "The Commissioner will bring some pictures back and maybe everybody will get a chance to look at it too." The upcoming Election was then discussed by Commissioner Martinez who spoke of undesirable tactics. Commissioner Martinez then spoke of political situations and suggested that candidates for political office should "Keep them clean and stay away from personal attacks and character assassinations." Much discussion. REPORTS E. Commission Seat Four/Deputy Mayor - Cindy Gennell Deputy Mayor Gennell announced that the next Council of Local Governments in Seminole County (CALNO) will be held on Wednesday, October 2, 2002 at the Educational Support Center and that "It will be an update on the County Educational System." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23. 2002 PAGE 24 OF 25 Secondly, Deputy Mayor Gennell asked for an update on mosquito spraying practices. With brief comments by Mr. Lockcuff, Deputy Mayor Gennell added, "If we need more money to do it, then we need to hear about it." Deputy Mayor Gennell asked if signage could be provided for the Blood Bank, similar to what was done for the Grove Counseling Center. Manager McLemore suggested that they would "Put it on an Agenda for the next Meeting, and come back with some information." Deputy Mayor Gennell stated, "Okay." A document which discussed lighting for the Town Center was then mentioned by Deputy Mayor Gennel1. Deputy Mayor Gennell then remarked about upcoming negotiations regarding the lighting and suggested, "I would just urge you to get it to a point where you think it is going to be somewhat acceptable to us, before they come to us, so we don't end up using up public time to hash all that over and send them back again three (3) more times." REPORTS F. Commission Seat Five - David W. McLeod Commissioner McLeod also spoke about the lighting for the Town Center and added, "The thing that was really important is the style of fixture on that pole." Tape 3/Side A Commissioner McLeod asked the City Clerk, "Can I get from you, on the Appointment to the Board of Adjustment, anybody that has filled out any - applications on that? Would you mind contacting my office tomorrow." City Clerk Lorenzo-Luaces agreed to do this. Commissioner McLeod then addressed previous comments about political endorsements and related comments dealing with the upcoming Election. REPORTS G. Commission Seat One - Robert S. Miller Commissioner Miller did not give any Reports, but stated, "I am going to ask you to make sure I get recognized at the next Meeting." REPORTS H. Commission Seat Two - Michael S. Blake No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23. 2002 PAGE 25 OF 25 REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka spoke of Robert's Rules of Order and specifically "Breaches of order." Mayor Partyka also spoke briefly of political endorsements and political actions. X. ADJOURNMENT Mayor Partyka then requested, "A Motion of Adjournment." "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. The Meeting was adjourned by Mayor Partyka at 9:55 p.m. .~,. --. ...... ~y -/ "",f ' ~: ~;-~-"."~AU~~_. ARTVKA tOr MAYQR .,'- - . ...." ~ . NOTE: These Minutes were approved at the October 14,2002 Regular City Commission Meeting.