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HomeMy WebLinkAbout_2002 11 25 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 25, 2002 I. CALL TO ORDER The Regular Meeting of Monday, November 25,2002 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, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. City Manager Ronald W. McLemore presented a Plaque each to Mayor Partyka and Deputy Mayor Cindy Gennell. Mayor Partyka noted for the record that '''Certificates of Election' were being awarded to Mayor-Elect John F. Bush; Commissioner Michael S. Blake; and Commissioner-Elect Sally McGinnis. Commissioner Edward Martinez, Jr. stated, "On behalf of this Commission, thank you very much for your support and I wish you and your families the greatest Thanksgiving ever." Agenda Changes were then discussed. II. PUBLIC INPUT Ms. Gretchen Hyde, 1166 Orange Avenue, Winter Springs, Florida: addressed the City Commission with her concerns about the history of the proposed Borrow Pit; inquired as to the delays related to the proposed Development Agreement; spoke of Code CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 2 OF 17 Enforcement issues; and asked what assurances can be given that the proper fill will be used. Mr. Edward Shindelman, 709 Glasgow Court, Winter Springs, Florida: as the Vice President of the Highlands Patio Homeowner's Association, Mr. Shindelman remarked about erosion problems associated with Soldiers Creek and questioned ownership. With discussion between Commissioner Blake and Mr. Kipton D. Lockcuff, P.E., Public WorksfUtility Department Director, Commissioner Blake asked, "Who owns the creek?" Mr. Lockcuffresponded, "The Highlands HOA [Homeowner's Association] - the Master HOA [Homeowner's Association] is what it looks like." Regarding a possible solution, Manager McLemore suggested, "I think all we can do is to confirm the ownership and then as Kip [Lockcuff] said, once we find the owner, we will cooperate with them in any way we can to try and find the solution." Commissioner Martinez stated, "I am suggesting that the same way we lend technical assistance to others, that the City Manager and Kip Lockcuff investigate and bring back a report and then you will know exactly who is responsible, and what they have to do." Mr. John Bush, 21 Tarpon Circle, Winter Springs, Florida: asked whether Florida Power is paying any interest on the uncollected revenue taxes, and inquired about the delay. Mr. MJ Soileau, 100 Tuskawilla Road, Winter Springs, Florida: spoke on his frustration with the postponement of the proposed Borrow Pit situation; and thanked the City for some work done at the North end of Tuskawilla Road. Ms. Judy Benson, 1212 Orange Avenue, Winter Springs, Florida: commented on her opposition to the proposed Borrow Pit and the effect this would have on the community and Lake Jesup. Mr. Richard C. Kovacik, 921 Contravest Lane, Winter Springs, Florida: explained his concern with signage problems affecting his new business in the new Town Center, as a result of obtrusive trees. With discussion on this matter, Manager McLemore said, "Ifhe [Mr. Kovacik] will come by tomorrow, we will sit down with him and go over the procedure he has to follow to do this." Mr. Kovacik stated, "I will call you tomorrow and make an appointment." Ms. Sharon Tackaberry, 634 Cheoy Lee Cire/e, Winter Springs, Florida: noted her support of any assistance the City Commission may help with, regarding solving the situation involving the height of the Tuskawilla Office Park wall. Ms. Tackaberry also inquired about of the proposed lighting planned for the Tuskawilla Office Park. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: complimented Mayor Partyka and Deputy Mayor Gennell for their service to the City; and spoke of the issue on CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 3 OF 17 this Agenda related to Colt Drive. Some photographs were displayed of Colt Drive. Additionally, Mr. Warner briefly addressed the City's proposed Paw Park and suggested that sponsors be utilized for some of the funding. Mr. Marc Batchelor, 200 Torcaso Court, Winter Springs, Florida: commented on his concern with the proposed Borrow Pit. Mr. Brian Oliver, 630 Cheoy Lee Ore/e, Winter Springs, Florida: regarding the Tuskawilla Office Park, Mr. Oliver spoke of his displeasure with the Developer's solution to the drainage problem and asked if the City could work with the Developer to solve this problem. Mr. Oliver also noted his support for the City's Police and Fire Departments. Mr. Pradipkumar Raumanlah, 100 St. Johns Landing Drive, Winter Springs, Florida: asked for assurance that the proposed Borrow Pit issue would not be postponed any more; and asked that citizens' concerns be considered as much as others. Discussion. Tape 1/Side B With discussion, Manager McLemore spoke of current talks with a representative from Seminole County. III. CONSENT CONSENT A. Office Of The City Clerk Approval Of The November 11, 2002 City Commission Regular Meeting Minutes. CONSENT B. Police Department Requesting The Expenditure Of $32,970.00 From The Special Law Enforcement Trust Fund To Acquire Two Police Vehicles For School Resource Officer/Community Relations Programs And Two Automated External Defibrillators. CONSENT C. Public Works Department Requesting Authorization To Pursue The Acquisition Of The Colt Drive Right Of Way. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE40F17 With discussion on ownership, Commissioner Blake stated, "I would hope we would not have to purchase it." Furthem1ore, Commissioner Blake inquired, "How are we going to get ownership of the right-of-way, and how much is that going to cost, if anything - that is not addressed in here." Mr. Lockcuff stated, "That will be brought back to you - with the instrument for conveying it." CONSENT D. Office Of The City Manager Requesting The Commission Approve A Settlement Agreement With Florida Power Related To Utility Taxes Due The City And Authorize The City Manager To Execute The General Release. Discussion. "'MOTION TO APPROVE CONSENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Public Works Department Providing The City Commission Information On The Wedgewood "Sinkhole." Discussion. INFORMATIONAL B. Office of the City Manager Updating The Commission On The Progress Of Replatting Of Property Adjacent To Tuskawilla Office Park. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 5 OF 17 INFORMATIONAL C. Police Department Informing The Commission Of The Status Of Its Application For Federal Grant Assistance For Expansion Of The Computer System And Mobile Laptop Computers. Discussion ensued with Chief of Police Daniel J. Kerr on the possible costs. Chief Kerr stated, "Weare really getting to the point where if we don't get a Grant, we are going to have to start buying this equipment." Commissioner David W. McLeod said to Manager McLemore, "If we don't find some Grants this year, is this something that probably is going to be in next year's budgeting?" Manager McLemore responded, "I think you'll see it next year." Commissioner McLeod added, "Chief [Kerr], if we don't find this between now and your next year's Budget, by all means - I would like to see it in next year's Budget - I think it is very important to our Officers." Commissioner McLeod also suggested that if there were any current funds that could be moved and appropriated for this, that he would highly suggest that this be done. Further discussion. INFORMATIONAL D. Office Of The City Manager Updating The Commission On The Status Of The Fire Consolidation Study With Seminole County. MOTION. SECONDED. DISCUSSION. MAYOR PARTYKA STATED, "CALL THE VOTE PLEASE." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For And Adopt On The Second Reading, Ordinance Number 2002-26, To Annex Into The City Property Owned By Mr. Chanh Nguyen. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE60F 17 Deputy Mayor GenneUleft the dais at 7:33 p.m. Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka opened the "Public Input" portion of the Meeting. No one spoke. The "Public Input" portion of the Meeting was e/osed. "I WOULD MAKE A MOTION TO ADOPT ORDINANCE 2002-26." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE Deputy Mayor GenneU returned to the dais to cast her vote. DEPUTYMAYORGENNELL: AYE MOTION CARRIED. VI. REGULAR REGULAR A. Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 4.42-Acre Tract Owned By Mr. Chanh Nguyen, Located On The South Side Of Orange Avenue, Generally East Of Central Winds Park And Generally North Of The Winter Springs High School. The Development Agreement Addresses Filling An Existing Borrow Pit. (This Agenda Item Has Been Delayed Until January 2003) As noted above, this Agenda Item is being delayed until January 2003. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 7 OF 17 REGULAR B. Community Development Department Recommends The City Commission Hear A Request By Thomas Binford For A Variance From Section 20-486. Of The City Code Of Ordinances, To Allow An Existing Non-Conforming Pole Sign To Remain Within The State Road 434 Redevelopment Overlay Zoning District Beyond The November 14, 2002, Amortization Deadline. Commissioner McLeod stated, "There is a Court Reporter in the Chambers, and I would like to know if the Court Reporter is here for this particular Item?" This was confirmed. Mr. Lockcuff introduced this Agenda Item. Deputy Mayor Gennell returned to the dais at 7:37 p.m. Mr. Tom Binford, 426 East State Road 434, Winter Springs, Florida: addressed the City Commission regarding this Agenda Item. Tape 2/Side A Discussion ensued on the Ordinance and what changes are needed for Mr. Binford's sign to come into compliance. Commissioner McLeod suggested that Mr. Binford might be able to "Take the sign off of the pole that it is on and lower that sign to sit on a monument." Regarding the applicable violations, Mr. Lockcuff pointed out that Items "'A' through 'F'" are not in compliance. Commissioner McLeod asked Mr. Binford, "Is this something Tom, you think you can go back and take a look at and see how this might fit in?" Mr. Binford stated, "Sure." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE GIVE TOM BINFORD NINETY (90) DAYS TO LOOK INTO HIS SIGN AND HIS COSTS AND TO BRING THIS SIGN INTO COMPLIANCE WITH THE CODE AS WE NOW HAVE IT." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER BLAKE ASKED IF THE MOTION INCLUDED, "TO HOLD THIS VARIANCE REQUEST ON THE TABLE UNTIL SUCH TIME AS THAT NINETY (90) DAYS PASSES." COMMISSIONER McLEOD STATED, "YES." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE80Fl7 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR C. Public Works Department Providing An Update On The Town Center Project. Manager McLemore and Mr. Lockcuff presented their introductory comments. Mr. Terry Zaudtke PE., DEE, Executive Vice President/Branch Manager, CPH Engineering, Inc., 117 East Robinson Street, Suite C, Orlando, Florida: addressed the Commission. On issues related to this Agenda Item. With discussion, Commissioner McLeod asked, "Has the Developer been informed that this Item - was coming up tonight and was the information passed forward to him?" Manager McLemore stated, "I have not sent him a copy of this Agenda Item." Commissioner McLeod added, "I think it would have been probably prudent for us to have done that." Furthermore, Commissioner McLeod suggested, "I would ask that at least it be sent to him - to give him the opportunity to review it and to have the opportunity to comment for or against it." Commissioner Robert S. Miller agreed and added, "We should provide it to Mr. Doran." Commissioner McLeod then asked, "Are we moving forward with Mr. Schrimsher on that easement?" With discussion, Commissioner McLeod and Mayor Partyka both stated that they had discussed the matter involving the easements with Mr. Schrimsher. Additionally, Commissioner McLeod stated, "I would like to be kept informed on that" status. Commissioner Blake asked, "Is there some reason for maneuvering purposes or developmental issues - that easements have not been conveyed - from the Schrimshers, as well as - wasn't there supposed to be a dedication of some land?" With a concern for time constraints, Manager McLemore suggested "Give the benefit of the doubt - for another week or so, and then see where we are at that point in time." "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT THIS REPORT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25. 2002 PAGE90F 17 "I WOULD LIKE TO AMEND THE MOTION THAT WE INCLUDE DIRECTION TO THE CITY MANAGER TO SEND A COPY OF THIS TO DORAN." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka stated, "I appreciate your write-up on this report; it is one of the best ones I have seen." With further discussion, Mayor Partyka said, "In terms of communication, I would hope in the future, anything that concerns this Town Center or anything of a major importance, that we do send communication to all the parties involved." REGULAR D. Public Works Department Responding To The City Commission's Request For The Tuskawilla Office Park Wall Height. Mr. Lockcuff spoke on this Agenda Item and presented photographs of different sections of the wall at the Tuskawilla Office Park. Tape 2/Side B Discussion. Commissioner Miller suggested that "I think we need to look into the depths of that pond." With further discussion, Manager McLemore stated, "You have got one solution here I think and that is to raise the wall." Commissioner Blake asked Attorney Garganese, "Is there any Case Law you are familiar with for these types of issues?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 10 OF 17 Attorney Garganese stated, "I would be looking to see six feet (6') from both sides of the wall. " "MOTION TO APPROVE STAFF RECOMMENDATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR E. Office Of The City Manager Requesting The City Commission Reconsider The Date Of The Workshop On Accessory Buildings And Detached Garages Scheduled For January 20, 2003 Which Is The Martin Luther King Holiday. With discussion, it was agreed that the Workshop on Accessory Buildings and the Paw Park Workshop, (at the November 11th, 2002 Regular Meeting both were scheduled for January 20,2003) would now be held on Tuesday, January 21,2003 - 6:30 p.m. REGULAR F. Office Of The City Clerk Requests The City Commission Decide On The Appropriate Appointments Or Reappointments For Members Of The Board Of Trustees (Pension Plan) Whose Terms Of Office Will Be Expiring In January 2003. COMMISSIONER MARTINEZ REAPPOINTED VINCENT GIANNONI. MOTION. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. DEPUTY MAYOR GENNELL STATED, "I AM PREPARED TO REAPPOINT VERN ROZELLE." MOTION. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE II OF]7 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner Miller read a statement into the record "In reference to Regular Item 'D' which appeared on the Commission Agenda of the II th, our last Meeting" which pertained to an Appointment voted on by the City Commission. Discussion. COMMISSIONER MILLER STATED, "I WOULD LIKE TO PUT IN PLACE THE NOMINATION OF MR. ROBERT NIPPES FOR THE PENSION BOARD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. "I WOULD LIKE TO RE-APPOINT MARK LAMMERT." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. MOTION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTYMAYORGENNELL: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. Mayor Partyka stated, "Given that fact, we still have - two (2) more openings - my suggestion is we could wait until the next Commission Meeting - to pick some more . " nommees. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 12 OF 17 VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated for the record, "On that last Agenda Item, the City Clerk should just prepare a simple Resolution for your signature for the Appointments on the Pension Board." Secondly, Attorney Garganese informed the City Commission that earlier today, "We closed on the Reece property, that - property that Mr. Reece donated as part of the Development Agreement." Commissioner Blake asked Attorney Garganese when the actual terms of office for the Board of Trustees Members expire; and questioned whether a Member of the City Commission who would not be serving after December 2nd, 2002 could or should make an appointment to the Board of Trustees. Mayor Partyka then suggested that tonight's Motions be retracted and this matter be brought before the City Commission in December, when the new City Commission will be seated. Commissioner Martinez stated, "Point of Order" and said that his nomination stands. Mayor Partyka then said, "One of the Commissioners has raised a point of procedure that I think is only fair for the City Attorney to review." Furthermore, Mayor Partyka suggested, "For one Commission Meeting, why not let the City Attorney just check that out - and the answer would come back." Commissioner Martinez stated, "The Appointment stands." With discussion, Attorney Garganese explained, "The issue that is being raised is whether or not an outgoing City Commissioner has the ability to make an Appointment, at her last Meeting..." Commissioner Blake said, ".. .For a position that is not vacant..." Attorney Garganese added, ".. .For a position that is not technically vacant. 00" Commissioner Blake then stated, "...It is not vacant and it would not be vacant until after her term has expired." Attorney Garganese stated, "I think the Code is silent as to when that Appointment gets made, but I will take a look at it." Mayor Partyka stated, "The City Attorney made a practical comment that he would either research this and ifhe finds the Motion or the procedure is out of order, he will bring this up at the next Commission meeting. I think that is a practical decision. As it stands right now, this Commission has voted on these issues pending his review." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 13 OF 17 REI'ORTS B. City Manager - Ronald W. McLemore Regarding Information Agenda Item "A" on tonight's Agenda, Manager McLemore stated that he and Attorney Garganese had conferred on this matter and "I had asked the question could we by Ordinance and public necessity - require the Homeowner's Association to address this issue - and his response was that there is a Code Section under which we could take an action against the Homeowner's Association if that is something the Commission would like us to do - to require them to deal with this issue," Discussion ensued on possible Code Enforcement issues and criteria related to Homeowner's Associations. Commissioner Miller suggested, "In the interim, I think the best thing we might want to consider is to have Code Enforcement issue some kind of a safety citation, just to put some emphasis on the fact that the City is concerned about it." Commissioner Blake stated that we "Put the HOA's [Homeowner's Association] Insurance carrier on notice that this risk exists and they are potentially liable for huge sums that could occur if there is somebody injured or other damage - and have them put the heat on the HOA [Homeowner's Association] to get it fixed." Further discussion. Commissioner McLeod suggested, "Why wouldn't we just send a courtesy letter to the President of the Homeowner's Association addressing the fact that they need to have something done with this and leave it at that for now - and tell them - this needs to be answered and addressed within the next thirty (30) days, and see how they approach it." Manager McLemore asked, "Should that letter be styled to say that based on their response, you would reevaluate this again at a future date?" Commissioner McLeod responded, "Correct." Discussion. "I MAKE A MOTION THAT WE FOLLOW COMMISSIONER McLEOD'S SUGGESTION AND ALSO INCLUDE A COPY/CC'D TO THE HOA [HOMEOWNER'S ASSOCIATION] ATTORNEY STATING THE FACTS AND SUBSEQUENT TO THAT WHATEVER ACTION IS DEEMED APPROPRIATE WILL BE TAKEN CARE OF." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER BLAKE ASKED FOR CLARIFICATION ON THE WORDING, "WHATEVER ACTION IS DEEMED APPROPRIATE." MANAGER McLEMORE STATED, "WHAT I SAID WAS, AFTER A PERIOD OF TIME WE WOULD BRING IT BACK TO THIS COMMISSION AND THE COMMISSION THEN WOULD TAKE WHATEVER ACTION IT DEEMS CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 14 OF 17 APPROPRIATE." COMMISSIONER MARTINEZ THEN REMARKED, "I STATED THAT I WAS IN AGREEMENT WITH THE CITY MANAGER-THAT IS TO BRING THIS BACK BEFORE ANY OTHER ACTION IS TAKEN." MAYOR PARTYKA CLARIFIED, "THE APPROPRIATE ACTION IS TO BRING IT BACK TO THE COMMISSION." MANAGER McLEMORE STATED, "BASED ON WHAT I HAVE HEARD THE COMMISSION SAY HERE AND THE MOTION, THAT WHAT I WOULD SAY IS THIS HAS BEEN BROUGHT TO THE ATTENTION OF THE COMMISSION. THIS IS SOMETHING THE COMMISSION DOES NOT DESIRE TO GET INTO, HOWEVER, WE DO NEED TO IMPRESS UPON THEM THE NEED TO HAVE THIS MATTER ADDRESSED AND THAT I HAVE BEEN DIRECTED TO BRING THIS BACK TO YOU FOR FURTHER REVIEW WITH SIXTY (60) DAYS OR NINETY (90) DAYS." VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner McLeod then stated, "May we at least say here that this thing should come back to us in thirty (30) days?" Manager McLemore stated, "The reason I would suggest sixty (60) is you need time for their Board to come together and have a meeting." With the possibility of a Homeowner's Association holding an emergency meeting for an important issue such as the matter under discussion, Commissioner McLeod said, "Thirty (30), forty-five (45) days on the outside." Mayor Partyka asked, "Does this Commission agree with that?" Commissioner Blake said, "I do." Commissioner Martinez stated, "Yes." Commissioner Miller stated, "No problem." Tape 3/Side A Manager McLemore then brought up the issue of Mayor-Elect Bush attending the upcoming Council of Local Governments in Seminole County (CALNO) meeting, scheduled for December 4th, 2002 (and possibly future meetings) as the City of Winter Springs' Representative. Discussion. Commissioner Blake stated, "Point of Order" and spoke of Section 4.05. of the City's Charter. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE]5 OF 17 With further brief discussion on when Mayor-Elect Bush could attend meetings in an official capacity, Mayor Partyka summarized the discussion by saying, "From December 2nd on, the new Commissioner and the new Mayor can take all corresponding responsibilities. " REPORTS C. City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces reminded everyone that the Inauguration Ceremonies scheduled for next Monday evening, the 2nd of December, 2002 - will begin at 6:30 p.m. Next, City Clerk Lorenzo-Luaces noted that in light of the discussion regarding when potential Appointments can be made, and based on the standing direction of the City Commission, would the Commission wish to revise this practice? No suggestions for any changes were made, and Mayor Partyka stated, "I think you did the right thing." REPORTS D. Commission Seat One - Robert S. Miller Commissioner Miller complimented Mayor Partyka and Deputy Mayor Gennell for their service to the City. REPORTS E. Commission Seat Two - Michael S. Blake Commissioner Blake agreed with Commissioner Miller's comments about Mayor Partyka and Deputy Mayor Gennell. Secondly, Commissioner Blake said to Commissioner Miller, "I would like to have a copy of the statement you read into the record earlier when we were discussing appointments." Commissioner Miller responded, "I will give it to Andrea [Lorenzo- Luaces, City Clerk]. Commissioner Blake added, "That would be great, and if! could get a copy of that." Commissioner Blake then questioned the difference in the vote for/against Mr. Lammert on November 11 th and earlier this evening. Discussion. Commissioner Blake then suggested that Commissioner-Elect McGinnis should have been permitted the opportunity to make an Appointment to the Board of Trustees. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 16 OF 17 REPORTS F. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez commented on a previous meeting between two (2) Members of the Commission at a wall. Discussion. Commissioner Martinez then remarked about a previous statement about a teacher and the recent election process; and the Appointment process. Next, Commissioner Martinez asked Manager McLemore to "Look at the comer of Tuskawilla and [State Road] 434 where the convenience store used to be," and suggested this be cleaned up. Manager McLemore explained, "I had requested that the Police Department contact the County [ of Seminole] to see if we could get some Code Enforcement on that issue." REPORTS G. Commission Seat Four/Deputy Mayor - Cindy Gennell Deputy Mayor Gennell spoke on her reasoning for making her appointment tonight to the Board of Trustees. REPORTS H. Commission Seat Five - David W. McLeod Commissioner McLeod thanked Mayor Partyka and Commissioner Gennell for their service to the City. Next, Commissioner McLeod also questioned tonight's vote for/against Mr. Lammert. Commissioner McLeod then commented about the Commission being a free-thinking body, and that he will do what he can to ensure this. REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka noted his concern that the City's Building and Zoning Department is not aware of 1-1 zoning. Secondly, Mayor Partyka asked when the construction for the Trail Overpass would begin? Manager McLemore responded by saying, "My understanding is that construction will begin in July." In conclusion, Mayor Partyka spoke of the experiences of the past six (6) years; the many contributions that have been made; and offered his assistance to Mayor-Elect Bush. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 25, 2002 PAGE 17 OF 17 VIII. ADJOURNMENT MAYOR PARTYKA STATED, "AND THE MOTION IS TO ADJOURN." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 9:55 p.m. NZO-LUACES, CMC .I j)' - . A~ 'PROf~D., ,.-' :'". " '; \. .' ~'".:~, '-<~ - ;,"";"1 : NOTE: These Minutes were approved at the December 9, 2002 Regular City Commission Meeting,