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
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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
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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.
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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.
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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.
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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.
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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."
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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
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"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?"
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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.
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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.
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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."
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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
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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.
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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.
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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
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NOTE: These Minutes were approved at the December 9, 2002 Regular City Commission Meeting,