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HomeMy WebLinkAbout2000 12 11 Regular G Next Deputy Mayor Appointment COMMISSION AGENDA ITEM G Consent Informational Public Hearing Regular x December 11, 2000 Regular Meeting Mgr. / Dept. Authorization REQUEST: The City Manager recommends the City Commission consider nominating the next Deputy Mayor as stipulated in the Charter of the City of Winter Springs, consistent with actions in the past. PURPOSE: The purpose of this Agenda Item is for the City Commission to nominate the next Deputy Mayor to represent the City Commission for the City of Winter Springs. CONSIDERATIONS: Section 4.05. Mayor. of the City of Winter Springs' Code of Ordinances states, "The Commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term, or until the first municipal election after the vacancy occurs, whichever shall occur first. If a municipal election is held prior to the expiration of a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the remaining unexpired term of office." The last nomination for Deputy Mayor Was held at the Special Meeting of December 6, 1999. At the Special Meeting of December 6, 1999, Commissioner Cindy Gennell was nominated to the position of Deputy Mayor. CITY OF WINTER SPRINGS REGULAR MEETING - DECEMBER 11,2000 REGULAR AGENDA ITEM "G" PAGE 2 OF 2 FUNDING: None Required. ATTACHMENTS: A. Section 4.05. Mayor. from the City of Winter Springs' Code of Ordinances B. Page 9 from the December 6, 1999 City of Winter Springs City Commission Special Meeting Minutes. C. Pages 6 and 7 from the December 14, 1998 City of Winter Springs City Commission Regular Meeting Minutes. COMMISSION ACTION: ATTACHMENT "A" Section 4.04. Compensation; expenses. The city commission may determine the an- nual salary of mayor and commissioners byordi- nance, but no ordinance increasing such salary shall become effective until the date of commence- ment of the terms of mayor and commissioners elected at the next regular election, provided that such election follows the adoption of such ordi- nance by at least six'(6) months. The mayor and each commissioner of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred in the perfor- mance of their duties of office and said reimburse- ment for expenses shall be established by resolu- tion. Section 4.05. Mayor. The mayor shall act and serve as chairman of the city commission, shall be the chief executive officer of the city, shall preside at its meetings, shall be recognized as head of the city government for all ceremonial purposes and be the governor for purposes of military law. Additionally, the mayor shall have the responsibility of the admin- istrative duties of the city manager in the event the city commission' does not appoint a city man- ager, unless otherwise provided in this charter. The commission shall elect from among its mem- bers a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term, or until the first municipal election after the vacancy occurs, which- ever shall occur first. If a municipal election is held prior to the expiration of a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the remaining unexpired term of office. The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days after the adoption of any ordinance by the city commis- sion, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require four-fifths (V~,) vote of the city com- mission to pass the ordinance after the mayor's veto. CI-IAlU'ER S 4.09 Section 4.06. General powers and duties. All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Section 4.07. Prohibitions; holding other of- fice. Except where authorized by law, no commis- sioner shall hold any other city office or city employment during the term for which he was elected to the commission. Section 4.08. Vacancies; forfeitures of of- fice; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office. (b) Forfeiture of office. A commissioner or mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications prescribed by this Char- ter or by law; or (2) Violates any express prohibition of this Charter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive reg- ular meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in the 'com- mission shall be filled until the next regular election by the commission on a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the elec- tion and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evi- dence. A member charged with conduct constitut- ing grounds for forfeiture of his office shall be so 5 ATTACHMENT "B " CITY or WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 6, 1999 Page 9 of 13 VI. REGULAR A. City Manager Requests That The City Commission Nominate The Next Deputy Mayor To Represent The City Commission For The City Of Winter Springs. There was brief discussion about previous procedures and "traditions". "I WOULD LIKE TO NOMINATE COMMISSIONER GENNELL". MOTION BY COMMISSIONER MILLER. "I WOULD LIKE TO NOMINATE MICHAEL BLAKE". MOTION BY COMMISSIONER McLEOD. DISCUSSION ENSUED ON HISTOlUCAL PERSPECTIVES, AND ROT A TING THE POSITION. MAYOR PARTYKA SAID, "WE'RE GOING TO TAKE A VOTE ON COMMISSIONER GENNELL OR COMMISSIONER BLAKE - I GUESS THAT'S THE SIMPLEST WAY OF DOING THIS IS - THERE IS TWO (2). VOTE: COMMISSIONER McLEOD: "COMMISSIONER BLAKE"; COMMISSIONER MARTINEZ: "DEPUTY MAYOR GENNELL"; COMMISSIONER BLAKE: "COMMISSIONER BLAKE"; COMMISSIONER MILLER: "DEPUTY MAYOR GENNELL"; DEPUTY MAYOR GENNELL: "DEPUTY MAYOR GENNELL". MOTION CARRIED ON FAVOR OF DEPUTY MAYOR GENNELL). B. City Commission Requests To Make An Appointment To The Beautification Of Winter Springs Board, To Fill The Vacancy From The Recent Resignation Of Board Member Sally McGinnis. Deputy Mayor Gennell nominated Ms. Alice Bard of 649 Choey Lee Circle, Winter Springs, Florida. MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. ATTACHMENT "C" Regular Meeting City Commission December 14. 1998 97-98-53 Page 6 Community Development Department/Land Development Division C. Requests Commission approval of the Final Engineering for the Kash n' Karry/Courtney Springs Apartments site: Mr. LeBlanc gave his presentation. Motion was made by Commissioner McLeod to approve the final engineering for the Kash n' Karry/Courtney Springs Apartments site. Seconded by Commissioner Gennell. Discussion. It was determined to add that this approval is contingent upon the execution of the development agreement. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Code Enforcement Division D. Requests the City Commission hold a First Reading of Ordinance No. 711 to amend Chapter 5. Arbor. Ordinance No. 451. ofthe Code of Ordinances. City of Winter Springs: Mr. Carrington and Jimmette Cook, Code Officer, gave their presentation. Motion was made by Commissioner Martinez to read Ordinance 711 by title only. Seconded by Commissioner Blake. Discussion. It was suggested to delete the word "alternative on enforcement" and have it state "in the alternative". Commissioner Miller asked about fines. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. City Manager - ADD-ON E. Requesting the City Commission authorize the revised sick leave buy back plan: Mr. Drago gave his presentation and stated that the City Manager recommends option 2. Discussion. Motion was made by Commissioner McLeod to approve the buy back plan option 2, and to by back within 6 years. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Commissioner Gennell stated that she would like to add an item on the agenda for the nomination of Deputy Mayor for 1999, Commissioner Martinez nominated Commissioner Gennell for Deputy Mayor. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller; aye; Commissioner Blake: nay; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: nay. Motion passes. Commissioner McLeod nominated Commissioner Blake for Deputy Mayor. Seconded by Commissioner Blake. Discussion. There was discussion regarding having one person hold the position for more than one year. Vote: Commissioner Blake: aye; Commissioner Regular Meeting City Commission December 14.1998 97-98-53 Page 7 Gennell: nay; Commissioner Martinez: nay; Commissioner McLeod: aye; Commissioner Miller: nay. Motion failed. Mayor Partyka asked for voice vote on Commissioner Gennell for Deputy Mayor. There was three ayes and two nays. Deputy Mayor will be Commissioner Gennell. The next item was moved from the Consent Agenda to the Regular Agenda. Mayor's Office B. Requesting City Commission adopt Resolution No. 870 supporting the implementation of domestic service at the Orlando Sanford Airport: Mayor Partyka stated that he had asked Mayor Dale for a summary of the noise abatement and said he never received it. Mayor Partyka stated that most of the issues of noise has been handled and said the regulations would start in 1999. Discussion. Commissioner Blake said he would like to recommend that the Commission not take action on this Resolution. No Action on this item. VI. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Guthrie gave the Commission a copy of the replied notice of argument regarding the City Charter. Attorney Guthrie also stated regarding exparte communication he discourages a one on one discussion. Attorney Guthrie also stated that the lP.A. between the City of Oviedo and the County will be on the 11th agenda. Discussion. Mayor Partyka stated that he and Commissioner Blake will continue to monitor this. B. City Manager - Ronald W. McLemore Absent. C. Commission Seat IV - Cindy Gennell No Report. D. Commission Seat V - David McLeod No Report. E. Commission Seat I - Robert S. Miller Commissioner Miller asked about making a change to the ordinance to lower canopy heights.