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HomeMy WebLinkAbout_2002 09 09 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 9, 2002 I. CALL TO ORDER The Regular Meeting of Monday, September 9, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:33 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, arrived at 6:34 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, arrived at 6:40 p.m. City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:34 p.m. A moment of silence was followed by the Pledge of Allegiance. Commissioner Michael S. Blake arrived at 6:34 p.m. City Attorney Anthony A. Garganese arrived at 6: 34 p. m. Regarding Agenda Changes, Mayor Partyka said that Agenda Items Regular "K", Regular "L", Regular "M", and ADD-ON Regular "0" would be heard in that order, following Public Input. Additionally, Mayor Partyka informed those in attendance that the "Patriot's Day" Ceremony would be held on September 11, 2002 on the front steps of City Hall at 8:00 a.m. II. PUBLIC INPUT Mr. Medford McCoy, 114 Brookshire Court, Winter Springs Florida: addressed the Commission regarding the City's tax base and the proposed Millage Rate. Mr. McCoy then inquired how he could obtain a meter for reclaimed water. Commissioner David W McLeod arrived at 6:40 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 2 OF 26 Replying to Mr. McCoy's question regarding a water meter for reclaimed water, City Manager Ronald W. McLemore said, "We are attempting - trying to get into metering these as soon as possible. I would have to know - where you live and all of that - to try and sit down with you after the Meeting or try to work that out with you." Additionally, Mr. McCoy mentioned his interest in doing an "Absorption Cost Study for defense of your Building Department Fees" at a lower price. With discussion, Mayor Partyka suggested that Mr. McCoy "Submit your name and address and qualifications like we do with all firms and have it on hand in the files, so when things like this do come up, you can be on the list and actually get a request - on the Bid List." Manager McLemore agreed and stated, "Right." Mr. Richard Oxenham, 309 Dornoch Court, Winter Springs, Florida: asked what criteria was used to determine the Millage Rate. Discussion. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: commented on the lighting fixtures in the Town Center. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. VI. REGULAR REGULAR K. Office Of The City Manager County Manager Kevin Grace Requesting To Address The Commission Regarding The Commission's Decision Of August 12, 2002 To Deny Funding Of ADA ParatraDsit Services For FY 2003. Seminole County Manager Kevin Grace introduced members of his staff and briefly spoke of the history of the ADA Paratransit Services. Then Mr. Grace said that the Mayors and Managers group recommended, "To take for a short term solution, for one (1) year only, to take the nine cent ($.09) - use it to pay for fixed routes services for one (1) year and then have the cities and the County share the cost of the ADA - based on where the trips are generated from." Mr. Grace added, "The bottom line from the County is we're asking you guys to help us out this year and help us meet that deficit in the way that the Mayors and Managers group recommended." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 3 OF 26 Discussion ensued on the City Commission's previous Motion and their concern with being reimbursed. Manager McLemore explained that the Commission had said, "When you do have funds available, we want to get paid back over a period of time." Mr. Grace then said, "Once you develop a long-term funding solution there is going to be extra money there to go back and pay back; and I can't tell you right now without knowing what that solution is whether that will be the case or not." Further discussion. "MY MOTION IS THAT WE COOPERATE IN THE AMOUNT AGREED UPON BY ALL THE OTHER CITIES, OUR AMOUNT BEING $38,037.00, FOR ONE (1) YEAR ONLY IN GOOD FAITH FOR THE ACTIVITIES THAT WERE ENGAGED UPON AT THE MAYORS AND MANAGERS MEETINGS." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR A LACK OF A SECOND. With further brief discussion, Commissioner Blake said to Mr. Grace, "I just wanted to point out that our position still holds, that we will front the money, but that we would expect to be paid back - some sort of reimbursement - two (2) years." REGULAR L. Community Development Department Requests That The City Commission, In Its Capacity As The DRC For Issues In The Town Center, Consider A Request Of The James Doran Company To Determine Hair Care (Barber And Beauty Facilities) And Tanning Facilities Appropriate Within The Town Center. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced the Agenda Item. Commissioner Blake voiced his concern with some Nail Shops that have an "Enormous odor discharge" and "As to what sort of effect it might have on neighboring tenants or neighboring parcels if it did not have some sort of an air system intact." Mr. Raymond Sherman 1020 Turkey Hollow Circle, Winter Springs: addressed the Commission concerning fumes and odors. Deputy Mayor spoke of a shop in Casselberry that "The smells were absolutely horrible and after some length of time I know that someone came in and I thought it might have been the City of Casselberry - came in and required them to put in all kinds of extra super ventilation and things, air cleaning things and I can tell you since then, I didn't even know the Nail Salon was operating down there. So I would suggest that somebody on our Staff see what it is in Casselberry, if it is a particular requirement Casselberry imposed over the State regulation or if that was a new State regulation but there is a CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 4 OF 26 means of removing those odors so you don't even smell them in the same building." Mr. Baker responded, "I will find out." Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: spoke of Use categories and requested a letter to Manager McLemore for verification of Permitted Uses. Discussion. Tape I/Side B With further discussion, Manager McLemore remarked that, "When you have stated Permitted Uses you don't have to come to this Commission to get approval of those stated Permitted Uses. One that you would have to get approval for - those that are not stated or they are not clear and what I sent you back was a list of those things that we thought were pretty straight forward in the Code and those that we didn't think were quite straight forward or were not addressed. So, if you want for a comfort zone for them to ratify those other Uses that were put in the letter, I certainly don't have a problem with that but I think you are allowed to do them anyhow." Mr. Doran asked, "So what are you considering this evening? Are you considering all the Uses on my sheet or just the three (3)?" Manager McLemore replied, "No, just the three (3)." Mayor Partyka stated, "According to everything that we have and according to the letter that I have read here, what the City Manager is saying - all these Uses excluding Hair Salons, Nail Salons, and Tanning Salons are approved, they are a Permitted Use. Is that correct?" Manager McLemore responded, "That is my perspective. They are stated in the plan." Mr. Doran asked, "So swimming pool supplies are okay?" Commissioner Edward Martinez, Jr. stated "Point of Order" and commented on Uses and the Agenda Item. Attorney Garganese stated, "I just would caution the Commission to handle this matter with some formality because the way the Code currently reads, as the City Manager indicated, if it is a listed Permitted Use already in the Town Center Code then a person has a right to do that. However, if the Use is not specifically listed, the Town Center Code requires three (3) things before this Commission can approve a Use that is not listed. One (1), that the Use that is proposed is not specifically limited to other Zoning Districts. For example, like Adult Entertainment Establishments - that is limited to Industrial only. The other requirement is that the Use proposed has to be consistent with the other Uses that are listed in the Town Center Code; and third, the Use has to be in harmony and meet the spirit of the Town Center Master Plan which this Commission approved, I think even before the Town Center District Code. Furthermore, Attorney Garganese stated, "I don't know if this is the Master Plan or not but I pulled the Commercial Planning Study that was prepared for the Town Center and with respect to Beauty Salons, they were talking about having a potential Beauty Salon of 1200 square CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 5 OF 26 feet in the Town Center. This was your Economic Study so I would look at things like this and - if you approve an additional Us,e just be cognizant that - you may want to approve it for this one (1) instance but not open the door for several types of the same business to be located in the Town Center. I don't think that is the way the Code was drafted. It is like a 'Use on Review.' Again, just to sum it up - I would handle it with some bit of formality." Mayor Partyka then said, "Mr. Baker basically said, this typical Use and I see a lot of this in Downtowns and Town Centers, etc., may have been an oversight because this is not an unusual kind of situation - that is what he is saying. So, if it is something that is normal and not unusual then ultimately do we have to do some kind of administrative correction?" Attorney Garganese replied, "If it was an oversight then you can change the Code to specifically put this Use in as Permitted without any limitation. But if it is not specifically listed, there are limitations and I am saying you may want to handle it with some formality so you don't have multiple types of these businesses throughout the Town Center. " Manager McLemore suggested, "I would say we might require some type of a - for the Salons, a certificate from a Mechanical Engineer relative to the ventilation system, which we could do - but I don't think we have a problem here." Attorney Garganese stated, "My understanding from listening to the City Manager and Staffs recommendation is that they believe this type of Use should just be permitted within the Town Center and the Commission can make that determination tonight and if you want to just make that blanket - decision then we would probably follow up with a Code provision to specifically list these types of Uses as Permitted Uses." Manager McLemore added, "And we might could make that language a little broader so that everything doesn't have to come back to you." Commissioner Blake said, "If we do any change at the moment in the Ordinance, we amend the Code then I think we should have - not a process that would allow anything to come in and get voted in all at once - I think that is too broad, too open, and too easy to lose control; but a cleaner process available for us that when we do see - clearly a glaring omission from the Permitted Uses such as for instance a Hair Salon, I think there would be a way to allow that Use without going through - we are talking two (2) additional Meetings, another month, advertisements, amending the Ordinance - it is a very cumbersome activity to change the Code. So I would like to have an easier mechanism developed that would allow that, perhaps by Resolution if it could be amended that way, that is official. We do other things by Resolution that we allow for by Code." Attorney Garganese stated, "In this case - I call it a 'Use on Review' decision under the Town Center Code - you have got some formality." Pool Supply stores and Special Permits were next discussed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 6 OF 26 Deputy Mayor Cindy Gennell stated, "Point of Order" and asked that Mr. Doran be allowed to sit down while addressing the City Commission. Attorney Garganese advised the Commission that "For this evening, a Motion could be in order and then that would be it. In the future, I would recommend that Staff have an application for this type of request - it is a 'Use on Review' that only the DRC [Development Review Committee] can approve." Attorney Garganese added, "We can follow up with some written Resolution that states exactly what the Commission approves tonight for the Mayor's signature." "I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE AS THE DRC [DEVELOPMENT REVIEW COMMITTEE], THE HAIR SALON, NAIL SALON, TANNING SALON THIS EVENING - HOWEVER, THAT STAFF WILL BRING BACK TO US AN APPLICATION FORM FOR APPROVAL FOR IN THE FUTURE THAT MAKES THIS A VERY SIMPLE PROCESS AND ONE THAT HAS A DIRECTION IN WHICH THINGS MUST COME THROUGH THE PROCESS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO STRIKE THE NAIL SALON. I THINK THAT SHOULD BE BY SPECIAL EXCEPTION." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. AMENDMENT DIED FOR LACK OF A SECOND. COMMISSIONER ROBERT S. MILLER ADDED, "AN OBSERVATION I THOUGHT THAT WAS CLEAR, THAT WHEN WE DISCUSSED THIS EARLIER THAT WHATEVER THE REQUIREMENTS WERE, THAT THE STATE, COUNTY, OR CITY MIGHT REQUIRE FOR NAIL SALONS, WOULD BE INCLUDED." MANAGER McLEMORE THEN NOTED, "WHY DON'T YOU JUST PUT IN YOUR MOTION THAT WE REQUIRE CERTIFICATION FROM A MECHANICAL ENGINEER." COMMISSIONER McLEOD STATED, "RON [McLEMORE], THAT GOES WITHOUT SAYING. IF IT IS REUQIRED BY STATE, BY CODE, OUR BUILDING DEPARTMENT WILL PICK UP ON THAT AND MAKE SURE THAT THAT HAPPENS." VOTE: COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: NAY MOTION CARRIED. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 7 OF 26 Attorney Garganese stated, "Mayor, just for the record, I am just going to prepare a very simple Resolution for the Mayor's signature that is going to state that Hair and Nail Salons are a Permitted Use within the Town Center." Mr. Doran asked, "So Tanning wasn't in that?" Mayor Partyka replied, "All three (3)." Attorney Garganese restated that, "Hair, Nails, Tanning are now a Permitted Use within the Town Center." Mr. Doran spoke again about Uses. Mayor Partyka stated, "What this Commission has said a few minutes ago, which the City Manager has confirmed is that all of these Uses that we talked about are permitted in a Town Center Zoning excluding the three (3) items that were on bottom and then this Commission approved that just a few minutes ago." Manager McLemore added, "And the one exempted by Special Exception - that one we have to follow up on, another process." REGULAR M. Community Development Department Requests That The City Commission, In Its Capacity As The DRC For Issues In The Town Center, Consider A Request Of The Thomas Sign And Awning Company To Interpret "Pan-Formed" Acrysteel Sign Faces, Surrounded By Aluminum To Be Permissible Finish Materials For Signs With The Town Center. Mr. Baker introduced the Agenda Item to the Commission. With discussion, Manager McLemore inquired, Are the sign panels on 434 - the signs on 434 going to utilize this? Mr. Baker responded, "No Sir, they are not illuminated." Manager McLemore stated, "Great. This is just on the front of Publix?" Mr. Baker then said, "That is correct Sir." Manager McLemore then stated, "That's good. Do you agree Shane [Doran] with that?" Mr. Doran responded, "Yes." Mayor Partyka added, "Mr. Doran agrees with that comment." Discussion. "I MOVE THAT WE CONSIDER APPROVING THE 'PAN-FORMED' - ACRYSTEEL SIGN FACES TO BE PERMISSIBLE FINISH MATERIALS FOR SIGNS WITHIN THE TOWN CENTER." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL WAS THEN ASKED TO CLARIFY THE MOTION. DEPUTY MAYOR GENNELL STATED, "THE STAFF RECOMMENDATION IS THAT THE CITY COMMISSION IN ITS' CAPACITY AS THE DRC [DEVELOPMENT REVIEW COMMITTEE] DETERMINE THAT THE PROPOSED SIGN FINISH MATERIALS ARE IN HARMONY WITH THE SPIRIT OF THE WINTER SPRINGS TOWN CENTER AND THEREFORE ACCEPTABLE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 8 OF 26 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ADD-ON O. Office Of The City Manager Advising The Commission Of A Serious Issue Related To The Town Center And Requesting Appropriate Direction. Mayor Partyka acknowledged that former Mayor John Bush was in the audience. Manager McLemore introduced the Agenda Item. Tape 2/Side A Discussion. Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: remarked about their lighting selection for the Town Center. Manager McLemore stated, "John [Baker] is probably right if we didn't have a set of Lighting Standards in our Code, but you have an approved plan that was approved by this Commission sitting as the Staff in the DRC [Development Review Committee]; and you don't have a right to change those plans unless it comes back to this Commission to be changed." Mr. Doran then stated, "You are absolutely correct. You are absolutely correct on that, by the way." Discussion ensued regarding whether plans were submitted to the City's Building Department Staff. Commissioner McLeod asked Mr. Doran, "Are these plans that you are talking about - November 26t\ approved by DRC [Development Review Committee]7" Mr. Doran responded, "They were not, but a permit was issued on them." With a review of the plans and related discussion, Commissioner McLeod stated, "So, basically what I can see here - you may have gotten a set approved by the Building Department, or a permit of a change in lighting, but it is a different set of plans that were submitted to the Building Department, than the set of plans that came before the DRC [Development Review Committee] to be approved to go to the Building Department in the first place." Further, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 9 OF 26 Commissioner McLeod added, "But something changed. The only approved set I know of right now are sixteen foot (16') poles, and I understand you have got thirty foot (30') over there." Next, Commissioner McLeod stated, "If you will count the number of poles that you have on the set that we approved, and the set that you now have has a different quantity of poles for the same area - I know there is a quantity difference - you now have less. The poles are a little higher, but you also run less conduit to the poles, you have a savings. You probably have less wire required to get to the poles, you have a savings." Commissioner McLeod added, "I think then the question here at this time is if you really feel you haven't had a chance to check into this thing and you feel differently than where the City is, I guess I would have to ask you to please bring back the documentation to substantiate - the changes made with some approved stamping from the Building Department." With additional discussion, Commissioner McLeod stated, "I have asked the Building Official, 'Did you approve any other drawings of lighting, changes, poles that went to this project' and that comment was 'No. ", Mr. Dennis Franklin, Building Official, Community Development Department stated, "The only set of - lighting plans that were approved by the Building Department were on the plans submitted on the 12th of October Submittal. Those are the only ones that we've received. We've not received this - the plans from November - that Mr. Doran is implying. A permit was not issued for those lights. The lights have been installed without a permit. We have extended a courtesy to them contingent upon them getting the process going and because they were on a time schedule to do inspections on those on the plans that were submitted to us. So, we have overextended ourselves I believe to help them and I am sorry but I don't think that they have followed through and there is no - approved set of plans for the lights for - your plans of the 30th. The only ones are the October 12th plans - that have been approved." Mayor Partyka then asked, "And you are saying there are no permits either?" Mr. Franklin replied, "No permits either for those lights." Mayor Partyka inquired, "Are they required to have permits?" Mr. Franklin answered, "Yes, they are. You have foundations for the lights and you also have electrical connections required for a building permit." "BASED ON THE LAST STATEMENT BY MR. DORAN THAT HE DID NOT HAVE AN OPPORTUNITY TO SEARCH FOR RECORDS, REVIEW RECORDS OR BRING RECORDS - I MAKE A MOTION THAT WE SUPPORT THE MANAGER'S POSITION WHICH CALLS FOR - TO WITHHOLD THE C.O.'S [CERTIFICATE OF OCCUPANCY] ON THE DORAN PROJECT UNTIL SUCH TIME AS A RESOLUTION TO THE LIGHTING ISSUES ARE RESOLVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTYpMAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 10 OF 26 COMMISSIONER McLEOD SAID, "I THINK WE ARE GOING REAL STRONG TO SAY THAT WE HOLD THE C.O.'S [CERTIFICATE OF OCCUPANCY] ON THIS THING - I MEAN THERE CAN BE A RESOLUTION. I THINK THE PUBLIX BUILDING DEFINITELY NEEDS TO GET OPENED HERE. I THINK MAYBE - I DON'T KNOW HOW LONG IT IS GOING TO TAKE TO RESOLVE THIS THING. I THINK IT IS PROBABLY SOMETHING - THIRTY (30), SIXTY (60) DAYS SHOULD BE ABLE TO BE RESOLVED - MUTUALLY." FURTHER, COMMISSIONER McLEOD STATED, "I WOULD RATHER SEE THAT A COUPLE OF THE MAIN ONES RIGHT NOW OF THE C.O.'S [CERTIFICATE OF OCCUPANCY) ARE ISSUED, BUT BEFORE ANY FURTHER BUILDING PERMITS OR - MAYBE NOT PERMITS, BUT BEFORE ANY OF - THE BUILDINGS THAT YOU HAVE GOT COMING OUT OF THE GROUND - ALLOWED TO BE C.O.'D [CERTIFICATE OF OCCUPANCY); HOWEVER ANY FUTURE BUILDINGS COMING OUT OF THE GROUND BEFORE THEY ARE C.O.'D [CERTIFICATE OF OCCUPANCY) WOULD HAVE TO HAVE THIS RESOLVED. NOW, I THINK THAT IS BEING FAIR FOR BOTH PARTIES TO GET THE INFORMATION TOGETHER, SIT DOWN, TALK ABOUT IT, LOOK AT IT." MAYOR PARTYKA SUGGESTED, "COMMISSIONER McLEOD, IT MAY BE IN ORDER SINCE THERE WAS A MOTION AND A SECOND - YOU MIGHT W ANT TO MAKE THAT AN AMENDMENT TO THE MOTION." "I WOULD LIKE TO - MAKE THAT AS AN AMENDMENT TO THE MOTION THAT WE NOT HOLD THE C. OF O. [CERTIFICATE OF OCCUPANCY) ON THESE PARTICULAR - I THINK THERE IS WHAT THREE (3), FOUR (4) - BUILDINGS PRESENTLY - MY MOTION IS THOSE THAT ARE OUT OF THE GROUND AT THE PRESENT TIME NOT TO HOLD THE C.O.'S [CERTIFICATE OF OCCUPANCY) - C. OF O. [CERTIFICATE OF OCCUPANCY], ON THEM - BUT THAT WE WILL RESOLVE THIS BY THE TIME AND NOT TO HOLD UP ANY FUTURE BUILDING PERMITS; HOWEVER, WE WILL HOLD FUTURE BUILDINGS C OF O'S [CERTIFICATE OF OCCUPANCY]. SO, THAT DOESN'T STOP YOUR CONSTRUCTION BUT IT DOES GIVE YOU A WINDOW DOWN THE ROAD THAT YOUR BUILDINGS WILL NOT GET THE C. OF O. [CERTIFICATE OF OCCUPANCY) UNTIL THIS MATTER IS ABSOLUTELY SET DOWN, BROUGHT TO A HEAD AND RESOLVED." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. COMMISSIONER MILLER SUGGESTED "I WOULD SUPPORT THE MOTION IF THERE WAS A TIME ON IT - I AM UNCOMFORTABLE WITH JUST LEAVING IT OPEN - LIKE NINETY (90) DAYS, 120 DAYS JUST - WHAT WE ARE LOOKING AT HERE IS NINETY-SIX (96) DOWN TO SIXTY-EIGHT (68), THIS IS A PRETTY SUBSTANTIAL CHANGE; AND - I DON'T KNOW WHAT THE TIME IS REQUIRED TO FIX THAT IF IT IS -120 DAYS, THEN IT IS 120 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 11 OF 26 DAYS OR THE C.O. [CERTIFICATE OF OCCUPANCY], WHICHEVER ONE COMES FIRST. BUT IF WE DON'T HAVE THE C.O. [CERTIFICATE OF OCCUPANCY] FOR THE NEXT 120 DAYS - THEN MAYBE WE DON'T RESOLVE THIS FOR - TWO (2) YEARS. I THINK IF IT IS AGREED THAT WE ARE GOING TO MAKE IT A REASONABLE AMOUNT OF TIME, I WOULD RATHER PUT A TIME ON IT - AND THEN IT HAS TO BE CORRECTED." COMMISSIONER McLEOD SAID, "THE REASON MR. MILLER I DIDN'T HAVE A TIME FRAME - RIGHT NOW, YOU ONLY HAVE FIVE (5) BUILDINGS THAT ARE OUT OF THE GROUND OVER THERE, FIVE (5) BUILDINGS ARE NOT GOING TO SUSTAIN WHAT NEEDS TO BE SUSTAINED FOR THAT AREA, EITHER FINANCIALLY NOR BY US - THEREFORE IT IS GOING TO BE IN BOTH INTERESTS TO BE ABLE TO CONTINUE TO MOVE FORWARD. IT IS GOING TO BE IN BOTH INTERESTS, AND MR. DORAN BY THE TIME HE GETS HIS SIXTH BUILDING OF GETTING A C. OF O. [CERTIFICATE OF OCCUPANCY], THAT IS GOING TO BE VERY IMPORTANT FOR HIM TO RESOLVE THIS AND IT COULD BE THAT THE POLES HAVE TO CHANGE. MY MOTION DOESN'T CHANGE BY A DATE - THE DATE IS PRESET DUE TO THE FACT OF WHENEVER HE COMES IN FOR THAT C. OF O. [CERTIFICATE OF OCCUPANCY)." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner Blake stated "Point of Order" and commented on the recent Amendment. COMMISSIONER BLAKE STATED, "WHAT I WOULD ASK FOR IS TO HOLD UP ANY C.O.'S [CERTIFICATE OF OCCUPANCY), UNTIL WE HAVE AN AGREEMENT; AND THAT AGREEMENT DOES NOT MEAN IT IS FINISHED, THAT AGREEMENT MEANS THAT WE HAVE A WELL UNDERSTOOD TIMELINE, A PLAN OF ATTACK TO CORRECT THE PROBLEM, AND IF WE AGREE THAT IT IS A MONTH OUT, OR THREE (3) MONTHS OUT, 120 DAYS, HOWEVER YOU WANT TO MEASURE IT, THEN THAT IS BASED IN THE AGREEMENT. ONCE THE AGREEMENT IS IN PLACE, THEN C.O.'S [CERTIFICATE OF OCCUPANCY] CAN BE ISSUED ON THE BUILDINGS THAT ARE UNDER CONSTRUCTION." Tape 2/Side B MAYOR PARYKA SUMMARIZED THAT THE AMENDMENT WAS "TO INCLUDE THAT THERE WOULD BE CERTIFICATE OF OCCUPANCY'S ISSUED FOR THE FIVE (5) BUILDINGS WHICH INCLUDES PUBLIX AND TO HOLD ALL FUTURE C.O.'S [CERTIFICATE OF OCCUPANCY] - UNTIL WE COME TO SOME KIND OF AGREEMENT. THAT IS THE AMENDMENT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 12 OF 26 VOTE (ON THE AMENDMENT): COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. COMMISSIONER McLEOD STATED, "NOW THAT DOESN'T STOP THE DEVELOPER FROM COMING IN AND PULLING A PERMIT ON WENDY'S OR WASHINGTON MUTUAL. HE MAY CONTINUE TO BUILD BUT HE DEFINITELY WILL NOT CLOSE THE C. OF O. [CERTIFICATE OF OCCUPANCY] ON THOSE BUILDINGS UNTIL WE RESOLVE IT, AND - THE PROPER DOCUMENTS ARE BROUGHT HERE THAT ARE STAMPED AND APPROVED BY OUR BUILDING DEPARTMENT. I WILL STAND BEHIND THE DEVELOPER - WHAT HE IS SAYING - THAT HE HAS THAT DOCUMENTATION. BUT IF HE DOESN'T HAVE THAT DOCUMENTATION, THEN ALL I CAN TELL YOU IS WHAT I HAVE SEEN RIGHT NOW." COMMISSIONER BLAKE STATED, "JUST TO BE CLEAR, THE MOTION - AS AMENDED IS THAT THE WASHINGTON MUTUAL BUILDING WILL NOT RECEIVE ITS' C.O. [CERTIFICATE OF OCCUPANCY] OR ANY qTHER BUILDING, OUTSIDE OF THE FIVE (5) THAT CURRENTLY HAVE FOOTERS AND ELEVATIONS GOING UP UNTIL THE PROBLEM IS SOLVED, IS RECTIFIED, NOT AN AGREEMENT - BUT WE HAVE AGREED AND IT HAS BEEN TAKEN CARE OF. I JUST WANT TO BE SURE EVERYBODY IS CLEAR WHERE THE WASHINGTON MUTUAL BUILDING STANDS AND WHAT MUST BE COMPLETED IF THIS MOTION PASSES." MAYOR PARTYKA WAS ASKED TO REPEAT THE MOTION AND SAID, "BASICALLY THE MOTION IS THAT - THIS WOULD BE APPROVED AS DIRECTED BY THE CITY MANAGER WITH THE AMENDMENT THAT SAYS THAT BUILDINGS - PUBLIX, NINE (9), ELEVEN (11), THIRTEEN (13), AND FOURTEEN (14) WHICH ARE THE BUILDINGS OUT OF THE GROUND, WILL GET CO'D [CERTIFICATE OF OCCUPANCY] BUT ALL FUTURE BUILDINGS WILL BE HELD UP ON CO'S [CERTIFICATE OF OCCUPANCY] UNTIL THIS LIGHTING ISSUE IS RESOLVED." MR. FRANKLIN SAID, "MR. LOCKCUFF BROUGHT SOMETHING TO MY ATTENTION. IT WOULD BE VERY DIFFICULT TO C.O. [CERTIFICATE OF OCCUPANCY] THE PUBLIX OR ANY OF THE OTHER BUILDINGS FOR THOSE LIGHTS BECAUSE WE DON'T EVEN HAVE A PERMIT FOR THOSE LIGHTS AND UNLESS HE FIXES THEM I CAN'T ISSUE HIM A PERMIT FOR THE LIGHTS." MAYOR PARTYKA ASKED, "SO HE HAS TO GET A PERMIT FOR THOSE LIGHTS?" MR. FRANKLIN REPLIED, "YES - BUT WE WON'T CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 13 OF 26 BE ABLE TO ISSUE THAT BECAUSE THEY DON'T COMPLY WITH THE TOWN ORDINANCE AND RELEVANCE TO THIS ISSUE." MANAGER McLEMORE STATED, "THE ONLY THING WE COULD DO IS GIVE THEM A CONDITIONAL PERMIT, THAT'S ALL WE CAN DO." MR. FRANKLIN INTERJECTED, "OR TO EXTEND THE TEMPORARY C.O. [CERTIFICATE OF OCCUPANCY] TO INCORPORATE THIS." VOTE (ON THE MOTION): COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. With further discussion, Commissioner Blake stated, "A set of plans that went through this Commission, I don't know that there are any or would have been any that would have approved any changes from the site plan change or the site plan that was approved back in October of '01, and I would just caution that if there was a set of plans that were approved as you call it on the Consent Agenda on or about March 11th and we find those, and there are substantive changes on there, and those changes aren't noted and listed, then I think I will have a big issue with that." Discussion Manager McLemore added, "We need an Agreement with this guy. He either agrees or he doesn't agree and he accepts the Commission's position that those plans were not intended to be approved by this Commission and he is willing to rectify it." Mayor Partyka stated to Manager McLemore, "I believe this Commission is saying that you now have the ability to sit down with Mr. Doran, knowing full well what this Commission has said, that that issue has to be resolved, and based on that final resolution, or final issue, or final determination, you come back to the Commission and then determine what needs to be done." Furthermore, Mayor Partyka pointed out that "This Commission has made the Motion that you and he have to see what you come up with. Ultimately, that may be your position, City Manager, not to say, but you have to come back after your discussion with Mr. Doran - and Mr. Doran understands how serious this is from this Commission's position. " Manager McLemore then advised the Commission that "There was a request by Mr. Doran relative to the number of clocks on the towers and suggested we drop it to two (2) or maybe three (3)." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 14 OF 26 Brief discussion. Commissioner Martinez left the dais at 9:09 p.m. "I WOULD LIKE TO MAKE A MOTION THAT WE APPOINT THE CLOCK TEAM TO DISCUSS THIS WITH THE CITY MANAGER - CLOCK TEAM BEING COMMISSIONERS GENNELL AND McLEOD AS THEY HAVE BEEN." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE Commissioner Martinez returned to the dais at 9: 11 p.m. COMMISSIONER MARTINEZ: NAY MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. III. CONSENT CONSENT A. Public Works Department Requesting Authorization To Reimburse The Oaks HOA For Streetlighting Costs Incurred. CONSENT B. Not Used CONSENT C. Finance Department Recommending The City Commission Adopt Resolution 2002-28 Which Provides For The Commission's Approval Of The Assessment Rolls For The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification District For FY 2002/2003 And Directs That The Assessment Rolls Be Certified To The Seminole County Tax Collector. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 15 OF 26 CONSENT D. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For Expansion Of Torcaso Park. CONSENT E. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. CONSENT F. Office Of The City Clerk Approval Of The August 12, 2002 City Commission Regular Meeting Minutes. Mayor Partyka stated, "Is there a Motion to approve the Consent Agenda?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Public Works Department Advising The City Commission That FDOT Has Reimbursed The City $50,000.00 For The Vistawilla Drive Traffic Signal. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 16 OF 26 INFORMATIONAL C. Parks And Recreation Department Informing The City Commission On The Status Of Phase I Of The Central Winds Park Expansion. Mayor Partyka stated, "Is there a Motion to approve the Informational Agenda?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. REGARDING INFORMATIONAL AGENDA ITEM "A," AND THE NEW NAME OF THE PROJECT FORMERLY KNOWN AS "BElLFAIRE," COMMISSIONER BLAKE SUGGESTED THAT "STAFF COULD JUST MAYBE UPDATE US SO WE KNOW WE ARE GETTING GOOD INFORMATION." VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka recessed the Meeting at 9: 15 p. m. Mayor Partyka reconvened the Meeting at 9:36 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED AS DISCUSSED. .:. .:. V. PUBLIC HEARINGS PUBLIC HEARINGS B. Office Of The City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2002-29, Which Establishes The Tentative Millage For Fiscal Year 2002-2003 For The City Of Winter Springs At 4.2053 Which Is 16.67% Above The Rolled-Back Rate Of 3.6043. Manager McLemore introduced the Agenda Item. Discussion ensued on Police and Fire Services, and issues pertaining to the proposed Millage Rate. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 17 OF 26 Tape 3/Side A Further discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Charles Sorkin, 1128 Shadowbrook Trail, Winter Springs, Florida: spoke of increases, budgets, and his concern with the proposed Millage Rate. The "Public Input" portion of this Agenda Item was closed. Discussion. Commissioner Miller spoke for the record about reaching fund balance projections. "I WOULD LIKE TO MAKE A MOTION THAT WE SET THE FINAL MILLAGE RATE OF 4.1658 MILLS WHICH IS OPTION 1, LESS THE $48,000.00 FOR THE 'COPS' GRANT MONEY" - RESOLUTION 2002-29. MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS C. Office Of The City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of: · Resolution Number 2002-30, Establishing The Tentative Budget For Fiscal Year 2002-2003. Ms. Louise Frangoul, Finance Department Director informed the Members of the Commission that an adjustment to the Resolution was required: "The General Fund Expenditures need to be at $15,787,400.00 - there needs to be a correction." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 18 OF 26 The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE RESOLUTION 2002-30." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA WAS ASKED TO REPEAT THE MOTION AND STATED, "THE MOTION IS JUST TO APPROVE RESOLUTION 2002-30, THE RESOLUTION - AS AMENDED WHICH IS ESTABLISHING THE BUDGET AT THE - 4.1658." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner Blake stated "Point of Order" and stated "Back on Item [Public Hearings] 'B,' could we just make sure that Motion reflects that that was Resolution 2002-29. " Mayor Partyka added, "We appreciate the hard work on this, we appreciate all the comments made from everyone." PUBLIC HEARINGS A. Community Development Department Presents To The Commission, The First 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. Mayor Partyka stated, "Need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 190F26 Attorney Garganese read Ordinance 2002-27 by "Title" only. Mr. Baker introduced the Agenda Item and stated, "We recommend the vacation of that portion of the easement. Discussion ensued regarding whether a retaining wall is considered a structure and would have to come before the Commission for approval. Commissioner Blake said, "I don't have a problem with the vacation of the easement but I would say - be placed on notice that if there is going to be some construction down there whether it be a wall or whatever, but I think we need to take a very careful look at it and not just merrily issue a building permit - an application for building." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Further discussion. Tape 3/Side B Deputy Mayor Gennell inquired, "This is a Public Hearing. Does that mean that the adjoining property owner has been notified of this request?" Mr. Baker responded, "We have not sent out notices to the abutters, but we will be posting this in the newspaper." Deputy Mayor Gennell then said, "I would think - we have been through this before - this is something that may impact just one (1) homeowner but I would rather - err on the side of caution than to just say well they have got to read the paper. We only have to mail to really one (1) homeowner. I think that person deserves to at least have the consideration of being notified that this is being considered adjacent to his property - just in case, because of these slopes and all this drainage stuff and everything; in case it might adversely impact him, I would hope that we would direct Staff to do that." "I MOVE THAT WE MOVE THIS ON TO SECOND READING AND ALSO WITH THE CONDITION THAT THE ADJOINING PROPERTY OWNER IS NOTIFIED BY MAIL, RETURN RECEIPT CERTIFIED REQUESTED - THE HOA [HOMEOWNER'S ASSOCIATION] - TO BE SPECIFIC, TO POST IT, TO NOTIFY THE HOA [HOMEOWNER'S ASSOCIATION], AND THE ADJACENT HOMEOWNER THAT THIS REQUEST IS BEING CONSIDERED FOR A FINAL APPROVAL." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 20 OF 26 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS D. Office Of The City Attorney Requests The City Commission Considers Ordinance 2002-28 That Would Amend The City Code To Provide Clarification Regarding The Administration Of Boards And Committees Appointed Under The City Code. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" and then introduced the Agenda Item. Attorney Garganese explained, "If this Ordinance passes, unless otherwise provided by State or Federal Law, Section 2-42. of the Code will be the uniform rules and guidelines for Boards and Committees except for one (1) exception, and that is the appointment process. If there is another provision in the Code that allows for a different appointment process other than majority vote of the Commission - I did not touch - those other Code provisions. So if - Planning and Zoning Board has individual appointments - those Code provisions were not affected or will not be affected by this Ordinance." 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 9, 2002 PAGE210F26 Brief discussion ensued regarding excused absences and the implied intent of excuses not being held against the Member. Mayor Partyka asked the Members of the Commission, "Do we have excused absences or not?" Commissioner Miller said, "I think we should leave it the way it is. I don't think excused ought to be put in there." Commissioner Blake said, "Agreed." Commissioner Martinez stated, "Agreed." Deputy Mayor Gennell said, "I agree with the question. That is - quite some time ago - we had a P&Z [Planning and Zoning Board/Local Planning Agency] Member who was going to be working out of town for several months and he actually came in front of the Commission and asked the Commission's consent for him to be absent for two (2) months or something; and I would not like to rule out that possibility if we had a valued Board Member who wanted to come to us - I agree with not having excused absences." Commissioner McLeod responded to the question by stating, "I agree but I disagree with seven (7) days. I think it ought to be five (5), that's pretty generous." Mayor Partyka said, "At this point in time, no excuses." Then Mayor Partyka said to the Members of the Commission, ''Now, the next one (1) key issue is instead of - two numbers, five (5) or seven (7)" absences. Commissioner Blake stated, "I don't think you can go with a fixed number like five (5) or seven (7) and achieve what we are trying to do here." Commissioner Martinez stated, "Seven (7)." Commissioner McLeod said, "Five (5)." Commissioner Miller responded, "Seven (7)." Commissioner Blake stated, "Thirty percent (30%)." Deputy Mayor Gennell stated, "Seven (7)." Summarizing, Mayor Partyka said, "So it is seven (7) right now. Seven (7) and no excuses." Commissioner Martinez inquired, "Are the absences - absences from one (1) year? Will they carryover to the next year, or at the end of the year is it wiped out?" Attorney Garganese clarified, "It is rolling - except that if they get reappointed, then they start with a clean slate - they start all over, if they get reappointed - it carries over." Commissioner Miller stated, "Point of Order" and spoke of moving the Meeting along. "MOVE TO EXTEND." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA ADDED, "FOR ONE HOUR." MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION TO EXTEND THE MEETING TO FINISH THE CURRENT PUBLIC HEARING ITEM AND ITEM 'H.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.tDISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 22 OF 26 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. Commissioner McLeod departed the Meeting at 11:05 p.m. "I WILL MAKE A MOTION TO MOVE THIS ON TO SECOND READING INCORPORATING THE CHANGES WE MADE TONIGHT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGUlLAR AGENDA ITEM WAS DISCUSSED NEXT. .:..:. VI. REGULAR REGULAR H. Office Of The City Manager Requesting That The City Manager Make Two (2) Appointments To The Arbor Committee. Manager McLemore said, "I gave you two (2) names from the City Manager's Seat and these are the two (2) names that I am recommending." "MOTION TO APPROVE THE MANAGER'S RECOMMENDATIONS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 23 OF 26 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 11 :07 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. VI. REGULAR REGULAR A. Community Development Department Presents To The City Commission, The Final Engineering And Site Plan For The Highlands Apartments, Phase II. (This Agenda Item Has Been Postponed Until The September 23, 2002 Regular Meeting.) REGULAR B. Not Used REGULAR C. Community Development Department Requests The City Commission Reconsider Information About Boat Docks. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 24 OF 26 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. 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.) REGULAR F. 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. (This Agenda Item Has Been Postponed Until The September 23, 2002 Regular Meeting.) 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. 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. 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 25 OF 26 ADD-ON N. Community Development Department Requests That The City Commission Clarify The Intent Of The State Road 434 New Development Overlay Zoning District And GreeneWay Interchange Zoning District Regarding Neon Sign age. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Three - Edward Martinez, Jr. REPORTS E. Commission Seat Four/Deputy Mayor - Cindy Gennell REPORTS F. Commission Seat Five - David W. McLeod REPORTS G. Commission Seat One - Robert S. Miller REPORTS H. Commission Seat Two - Michael S. Blake CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 26 OF 26 REPORTS I. Office Of The Mayor - Paul P. Partyka RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK, AND ~~l -0 DEBBIE GILLESPIE ~~ DEPUTY CITY CLERK -' ~ ? -~ PAtJLP. P{~Tm(A ~. - --..- ~- .-MA YOR .~ . --::. NOTE: These Minutes were approved at the October 14,2002 Regular City Commission Meeting.