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HomeMy WebLinkAbout_2003 01 21 City Commission Special Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING JANUARY 21, 2003 CALL TO ORDER The Special Meeting of January 21,2003 of the City Commission was called to order by Deputy Mayor Robert S. Miller at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). After a moment of silence, the Pledge of Allegiance was recited. ROLL CALL: Mayor John F. Bush, absent Deputy Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:38 p.m. Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, absent Attorney Jeff Buak, present With a brief discussion of Agenda Changes, it was agreed that Regular Agenda Item "R" and Regular Agenda Item "S" would not be heard tonight. REGULAR (CONTINUED FROM THE JANUARY 13, 2003 REGULAR MEETING) REGULAR 26. E. Community Development Department Recommends Denial Of A Request For A Variance By Neil And Michelle Staley From Sections 6-2. And 20-103. Of The City Code Of Ordinances, To Encroach Ten Feet (10') Into The Twenty Foot (20') Rear Building Setback To Construct A Screened Porch With An ImperYious Roof At The Rear Of The House. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department presented his introductory comments to those in attendance. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE20F17 Mr. Fred Whitson, Florida Pool Enclosures, 927 Hickory Street, Altamonte Springs, Florida: as the acting agent for Mr. Neil Staley, Mr. Whitson spoke on the proposed Variance. Commissioner Michael S. Blake arrived at 6:38 p.m. Mr. Neil E. Staley, 1547 Braewick Street, Winter Springs, Florida: spoke on the unique aspects of his lot and the problems with golf balls. Discussion. City Manager Ronald W. McLemore spoke for the record about encroachments and community standards. "I MOVE THAT WE ACCEPT THE RECOMMENDATION - FROM THE STAFF AND THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Commissioner David W. McLeod stated, "I would like to make note that my light was on for discussion prior to the Roll Call." REGULAR 27. F. Community Development Department Requesting Commission Consider And Approve A Conceptual Development Plan For A Dentist Office On The 0.72 Acre Site Immediately West Of City Hall, Between The City Hall And The Equipment Rental Facility On State Road 434. Discussion ensued on whether this Agenda Item had been postponed. Mr. Baker explained to the City Commission that, "We got a memo from Dr. Courtney requesting that it be postponed. They are working on a new architectural rendering that they are more confident will meet your approval." Deputy Mayor Miller clarified, "It is going to be postponed and brought back by Staff at a later date - to be determined." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE30F17 REGULAR 28. G. Not Used REGULAR 29. H. Community Development Department Requests That The City Commission Consider Signs Proposed For Within The JDC Calhoun Town Center Site. Mr. Baker introduced this Agenda Item. Discussion. With further discussion by Members of the City Commission and Manager McLemore, Deputy Mayor Miller stated, "I would like to see Staff point this out to the individuals that come here from now on - that this is probably not going to pass the DRC [Development Review Committee] and do everything we can to encourage them to realize what it is we are trying to do. If they still want to come to the DRC [Development Review Committee], then I think it is going to end up here." "I WOULD LIKE TO MAKE THE MOTION THAT THE RECOMMENDATION IS FOLLOWED AS STAFF HAS OUTLINED TO US IN THIS - AGENDA PACKAGE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Mr. Baker stated, "Was that only on the Cellular store or were you looking at the other two (2)?" Commissioner McLeod responded, "I looked at your complete recommendation you gave us." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE40FI7 REGULAR 30. I. Office Of The City Clerk Requests That Commissioner Sally McGinnis Make An Appointment To The Planning And Zoning Board/Local Planning Agency To Replace Herself Who Resigned In November 2002, As She Was Elected By The Citizens Of The City Of Winter Springs To Serve As City Commissioner For District Four. "I AM PLEASED TO PROPOSE BILL POE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 31. J. Office Of The City Clerk Requests That Commissioner Michael S. Blake And Commissioner David W. McLeod Each Make An Appointment/Reappointment To The Board Of Trustees (Pension Plan). The Terms Of Office For These Remaining Two (2) Board Of Trustees (Pension Plan) Members Will Be Expiring In January 2003. "I MAKE A MOTION TO REAPPOINT MARK QUEEN." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT MARK LAMMERT." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE 5 OF 17 VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER MARTINEZ: NAY MOTION DID NOT CARRY. Discussion. "I WOULD LIKE TO REAPPOINT MARK LAMMERT." MOTION BY COMMISSIONER McLEOD. MOTION DIED FOR LACK OF A SECOND. With brief discussion, Commissioner McLeod stated, "I will reconsider and take another look at it." Further discussion. Commissioner Sally McGinnis then stated, "My recommendation is in the future, when Appointments are made, it seems appropriate that we could have some information to present to our fellow Commissioners about the person." REGULAR 32. K. Parks And Recreation Department Requests That The City Commission Consider Granting A Waiver To Provisions Of The Arbor Ordinance Number 2002-08 For Purposes Of Construction Of Park Facilities At Central Winds Park. Mr. Chuck Pula, Parks and Recreation Department Director addressed the City Commission on this issue. Discussion. Tape 1/Side B Commissioner McLeod suggested that "It should then go forward and be applied to the general public as a whole." With further discussion, Commissioner McLeod added, "I would advise that very quickly we move forward with Staff to get a recommendation back to this Commission regarding this particular species, so that as people look at developing the properties that they are not burdened." Manager McLemore said, "The timing is good because you will be getting back the Tree [ Arbor] Ordinance recommendations from your Advisory Committee, which gives you the opportunity at that point in time to make some changes." Commissioner McLeod then stated, "I would think that you would have that change made by the time it comes to us." Deputy Mayor CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE60F 17 Miller spoke of the Tree (Arbor) Ordinance Review Advisory Committee and said that this should certainly be taken into consideration. Brief discussion ensued on the recommendations. "IN VIEW OF THE FACT THAT THE ARBOR ORDINANCE IS UNDER REVIEW AND WE CAN EXPECT THE RECOMMENDATIONS FROM THAT COMMITTEE WITHIN FORTY-FIVE (45) OR SIXTY (60) DAYS AND CERTAINLY THIS ISSUE SHOULD BE GREATLY CONSIDERED AND INCLUDED AS COMMISSIONER McLEOD RECOMMENDED AND THE CITY MANAGER AGREED - THIS ISSUE SHOULD BE UPPERMOST ON THE MINDS OF THE COMMITTEE FOR PRESENTATION TO THE COMMISSION WHEN THEY COME BACK; AND IN VIEW OF ALL OF THE - INFORMATION AVAILABLE TO US, I MAKE A MOT~ON THAT WE APPROVE ITEM 'K'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION ENSUED ON THE ORDINANCE AND RELATED EXEMPTIONS. ATTORNEY JEFF BUAK STATED, "5-16. DOES APPEAR TO GIVE THE COMMISSION A WAIVER AUTHORITY IN THIS CASE." COMMISSIONER BLAKE ADDED, "I THINK ANY MOTION WE MAKE OUGHT TO CITE THAT SECTION AS WHAT WE BASE THAT WAIVER UPON." "I MOVE THAT WE AMEND THE MOTION TO CITE SECTION 5-16. WAS BEING THE IMPLEMENTING PORTION OF THE ORDINANCE THAT ALLOWS THE WAIVER." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE 7 OF 17 .:..:. AGENDA NOTE: BASED UPON THE FOLLOWING MOTION, THE FOLLOWING REGULAR AGENDA ITEMS 'L,' 'M,' 'N,' AND '0' WERE DISCUSSED AND VOTED ON TOGETHER AS ONE ITEM. .:. .:. "I MAKE A MOTION THAT WE ACT ON ITEMS 'L,' 'M,' 'N,' AND '0' AS ONE ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 33. L. Office Of The City Clerk Asking The City Commission To Consider Whether They Wish To Approve (Or Disapprove) Resolution 2003-01 Which Recognizes A Former Advisory Committee Member Who Was Removed As A Result Of Exceeding The Permitted Number Of Absences In Accordance With City Ordinances. REGULAR 34. M. Office Of The City Clerk Asking The City Commission To Consider Whether They Wish To Approve (Or Disapprove) Resolution 2003-02 Which Recognizes A Former Advisory Board Member Who Was Removed As A Result Of Exceeding The Permitted Number Of Absences In Accordance With City Ordinances. REGULAR 35. N. Office Of The City Clerk Asking The City Commission To Consider Whether They Wish To Approve (Or Disapprove) Resolution 2003-03 Which Recognizes A Former Advisory Board Member Who Was Removed As A Result Of Exceeding The Permitted Number Of Absences In Accordance With City Ordinances. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE 8 OF 17 REGULAR 36. O. Office Of The City Clerk Asking The City Commission To Consider Whether They Wish To Approve (Or Disapprove) Resolution 2003-04 Which Recognizes A Former Advisory Board Member Who Was Removed As A Result Of Exceeding The Permitted Number Of Absences In Accordance With City Ordinances. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE EACH OF THE RESOLUTIONS IN ITEMS 'L,' 'M,' 'N,' AND '0' AND SET A POLICY THAT AS LONG AS AN INDIVIDUAL ATTENDS NO FEWER THAN 1 ADVISORY BOARD MEETING, THAT THEY WILL BE RECOGNIZED FOR SERVICE TO THE CITY." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ALL FOUR (4) RESOLUTIONS - 'L,' 'M,' 'N,' AND '0' AS RECOMMENDED OR STATED ON THE AGENDA ITEMS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. "AS OUTLINED BY STAFF, I WOULD RECOMMEND THAT IN PRESENTING THESE PEOPLE WITH THEIR RESOLUTION, THAT THEY ARE INVITED TO - ATTEND A FUTURE COMMISSION MEETING AND BE PRESENTED WITH THE RESOLUTION AT THAT TIME." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. WITH DISCUSSION, MEMBERS OF THE CITY COMMISSION IN ATTENDANCE AGREED THAT NO ONE WANTED TO INFRINGE UPON THE MAYOR'S CEREMONIAL DUTIES IN INVITING RESIDENTS TO RECEIVE RESOLUTIONS. VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTYMAYORMILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE90F 17 VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 37. P. Community Development Department Requests That The City Commission Reconsider The Dumpster Location And Access On The Modified Wendy's Site Plan. Mr. Baker introduced this Agenda Item and discussion ensued on the formerly proposed plans as they related to the proposed dumpster. Discussion. Commissioner McLeod and Manager McLemore discussed what was pointed out at an earlier Meeting on this plan and Commissioner McLeod stated, "I will get with the City Clerk and I will ask to see the packet." Much discussion ensued on which drawings were previously shown to the City Commission; what was or was not included in the Commission's packets; and the positioning of the dumpster. Tape 2/Side A With further discussion, Commissioner McLeod stated, "I think the question here this evening that is before us is whether or not we are going to close off that drive-in for the trash trucks/garbage trucks and to reconfigure that portion of it and put plantings and a gated area that - allows them to get in. And between the two (2) concepts, I definitely would be much more in favor of this gated access coming into the establishment." Commissioner Blake inquired, "Is the gate going to be locked?" Manager McLemore stated, "We would hope that it would be - I don't know ifit would be locked, it certainly would be closed." Commissioner Blake then asked, "Will it always be closed? If it is not locked, then it means anyone could open it. What kind of liability does that open everybody up to, or what kind of traffic problems does that open everybody up to when the gate is left open?" Furthermore, Commissioner Blake inquired, "What safeguards are we going to put in place to make sure that the gate stays closed when it is supposed to be closed?" Commissioner Blake then inquired, "Once they are full and loaded, are they supposed to back all the way out onto the roadway or are they supposed to then circle around and go through the remainder of the drive-thru?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGEIOOF17 Manager McLemore stated, "Actually, they have a couple of choices. They can actually back-up and then come out this way..." Commissioner Blake said, ".. .Can they make that turn..." Manager McLemore added, "...I think so," Commissioner Blake then said, "I am talking about the turn back - next to the gate..." Manager McLemore remarked, "... Yes, can they back up here and then come out this way. My understanding is that they can." Commissioner McLeod asked the City Clerk to provide him with the plans from a previous discussion. Deputy Mayor Miller called a recess at 8:11p.m. Deputy Mayor Miller reconvened the Meeting at 8:18 p.m. Commissioner McLeod was provided with the plans that he had requested. Brief discussion. Commissioner McGinnis asked that if there was a gate, would it have to be maintained at all times? Manager McLemore responded, "I think you would have to make it part of a Development Agreement, then you would have the ability to bind that by contract." Deputy Mayor Miller inquired, "Could this issue be eliminated altogether by moving the dumpster to that location there, so that this would be closed, and that - could be nicely enclosed. It would require the people from Wendy's to actually just walk across to dump into that location there." Discussion. On another note, Commissioner McLeod stated, "Mr. McLemore, it would be nice - if each of these stations had these [laser] pointers." Commissioner McLeod then suggested, "If you put the shrubs back across, sit the dumpster here as Mr. McLemore mentioned, you can come in and leave - I would be a little objectionable to backing back out into this area - I don't know why you don't shrub this straight across." Commissioner Blake returned to the Commission Chambers at 8:27 p.m. Commissioner McLeod then spoke of security concerns and suggested something like what is at the airport - "A single directional drive-over that actually pops back up so that if people try to come out of here, it will actually go into tires - and this could be hash- marked to stop that, and also signs here - 'This is not an exit. ", CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21, 2003 PAGEI10F17 Commissioner Blake suggested, "I like the idea of putting a trash box right here, making them pull in, load it, back out, they can make those turns without any problem; and it creates an opportunity for additional landscaping on the back side of it." COMMISSIONER McLEOD STATED, "WHAT COMMISSIONER BLAKE JUST POINTED OUT IS EXACTLY THE MOTION I WAS ABOUT TO MAKE. I WOULD MAKE A MOTION THAT THE DUMPSTER BE MOVED OVER AND THE BACK SIDE OF THAT BE CLOSED OFF WITH GREENERY AND HEDGES TO HELP HIDE THE DUMPSTER." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: NAY MOTION CARRIED. Next, Commissioner McLeod asked if "Staff would take a moment and outline to us exactly what this Motion was and what you plan to take back to the developer." Mr. Baker stated, "The dumpster pad enclosure would go approximately in here; landscaping across here; and this area made to provide the correct radii for a dumpster truck." Commissioner McLeod stated, "Thank you - I think you did a very good job of that." Commissioner McGinnis then said to Manager McLemore, "When you do the Developer's Agreement, will you take everything into consideration - about aesthetics and maintenance with this?" Manager McLemore asked, "Do you want that in an Agreement?" Commissioner McGinnis responded, "The maintenance, yes." Commissioner McLeod added, "One of the things we also should make sure of - is when that dumpster is moved over there, they do have a drain over there and water over there to clean that dumpster area." Commissioner Blake stated, "Point of Privilege" and spoke of the remaining Agenda Items. REGULAR 38. Q. Community Development Department - Arbor Division Recommends The City Commission Consider The Request Of Mr. Louis Patricelli To Remove 1 Specimen Bald Cypress, Approximately 23 Inches In Diameter. Mr. Michael Mingea, Arborist/Environmental Inspector, Community Development Department spoke on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21. 2003 PAGE 12 OF 17 Mr. Louis Patricelli, 647 Silvercreek Drive, Winter Springs, Florida: addressed the City Commission. Several photographs of his property were then shown to those in attendance. Discussion ensued on Mr. Patricelli's property; historic and specimen trees; and the related Ordinance. Commissioner Blake inquired, "Were there any specimen or historic trees on the Parker property?" Manager McLemore said, "By definition of twenty inches (20") or larger? Oh yes." Commissioner Blake then stated, "So, that is going to come back to us?" Commissioner Blake added, "I would ask that we return to take a look at that issue on the Parker property." Further discussion followed on drainage problems related to Mr. Patricelli's property; the proposed pool and play area; mosquitoes; and possible damage to the tree in question. Tape 2/Side B With discussion, Deputy Mayor Miller did not think mosquitoes were a true problem and suggested that "If you were going to put in a pool, one of things I think you may want to take a look at if this Commission does not approve the removal of the tree - put in one of those round plastic pipes around the edge of your pool that would go right down to the swale along Silvercreek [Drive] - the ones that have all the holes in it, and that would probably take all the water out of that area." Commissioner Blake departed the Meeting at 9:01 p.m. Discussion. "I WILL MAKE A MOTION THAT WE ALLOW THE GENTLEMAN TO REMOVE THE TREE PRIOR TO THE POOL BEING BUILT. I THINK WE ARE GOING TO HAVE PROBLEMS HERE WITH SAFTEY ISSUES IF THIS YARD IS GRADED AND CUT DOWN." COMMISSIONER McLEOD ADDED, "THE CODE ALLOWS FOR REPLACEMENTS ELSEWHERE." MOTION BY COMMISSIONER McLEOD. MR. MINGEA STATED, "THE ORDINANCE CALLS FOR REPLACEMENT WHEN WE DO LIVING REMOVALS AND THOSE ARE JUST NORMAL TREES, AND OF COURSE UP TO A - LIMIT. WE HAVE SET OUR $100.00 TREE BANK DONATION OR THE REPLANTING OF AN ITEM - SO YOU WOULD NEED TO DECIDE IF THAT WAS SUFFICIENT FOR A SPECIMEN TREE REMOVAL." COMMISSIONER McLEOD STATED, "I WOULD SAY THAT THAT WOULD BE SUFFICIENT." MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE 13 OF 17 "BASED ON THE EVIDENCE PRESENTED BY STAFF AND THE FACT THAT WE RECENTLY DENIED A PERSON WITH A SIMILAR SITUATION - A POOL, WHEN THE TREE WAS CLOSER TO THE POOL THAN THIS TREE IS, I MAKE A MOTION THAT WE DENY THE APPLICATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: NAY MOTION DID NOT CARRY. Manager McLemore pointed out that the "Motion failed, there is no action." With discussion, Commissioner McLeod stated, "I suggest this come back before the Commission when the full Commission is here next week." Commissioner McGinnis added, "In addition to that, could there be some recommendations for dealing with the water that could come back with that?" Furthermore, Commissioner McGinnis inquired, "Is there some way that on the Agenda - when we have citizens like this that they could be early on the Agenda." Discussion. Furthermore, Commissioner McGinnis stated, "I would like to see more information on this besides just the tree removal, and that would deal with the drainage." Mr. Mingea suggested, "Perhaps as Mr. Patricelli being a builder, if I recall that is his occupation, that he could - give us some more" information. Commissioner McLeod added, "1 think it ought to be heard at the next Meeting." Additionally, Commissioner McLeod remarked to Manager McLemore, that "When we have individuals that - 1 think this is their second week here - waiting to come before us and then we have made a Motion to put it back on the next Agenda for them, then I think they should be a priority - to be able to come before the rest of the folks, maybe - right after "Consent" - or even before "Public Hearings" rather than have the general public wait and wait and wait." With further discussion, Manager McLemore stated, "It could be." REGULAR 39. R. Community Development Department - Arbor Division Recommends The City Commission Consider The Request Of Mr. Rick Kettler To Remove 1 Specimen Long Leaf Pine, Approximately 21 Inches In Diameter. As stated earlier in this Meeting, this Agenda Item was pulled from this Agenda. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21, 2003 PAGE I40F 17 REGULAR 40. S. Community Deyelopment Department - Arbor Division Recommends The City Commission Consider The Request Of Mr. Michael Gerken To Remove 1 Specimen Pond Pine, Approximately 26 Inches In Diameter. Also as stated earlier in this Meeting, this Agenda Item was removed from this evening's Agenda. ADD-ON REGULAR 40A. T. Community Development Department Requests That The City Commission Consider (In Its Capacity As DRC) Establish A Policy Giving Authority For Temporary Signage Review And Approval Within The Town Center To The Staff DRC. Mr. Baker introduced this Agenda Item. Commissioner Edward Martinez, Jr. stated, "In my opinion, it is best if you leave it the way it is, and I suggested before, when we had the first item, that it is up to you Staff to tell these people when they come up to you, that the Code says this is the way it is going to be." Discussion. "LET ME MAKE A MOTION ON ITEM 'T' - TO FOLLOW THE RECOMMENDATIONS OF STAFF, THAT IN THEIR CAPACITY, ON TEMPORARY SIGNAGE FOR GRAND OPENINGS, SPECIAL EVENTS - THAT STAFF IS ABLE TO ISSUE THE PERMITS FOR THAT." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE 15 OF 17 REPORTS REPORTS 41. A. City Attorney - Anthony A. Garganese, Esquire Attorney Buak stated that the City Attorney wanted to inform the Commission about two (2) lawsuits which have recently been filed against the City. Attorney Buak stated that the first is "'Ritz versus the City of Winter Springs and Oviedo' - this matter arose several years ago and resulted from a joint exercise between the Winter Springs Police Department and the Oviedo Police Department." Attorney Buak then stated that "The second item is 'Peterson versus Winter Springs,' a personal injury action." REPORTS 42. B. City Manager - Ronald W. McLemore No Report. REPORTS 43. C. City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces addressed the Commission and inquired, "Would the Commission at this time like to set a date for the Accessory Buildings Workshop, or do you want to wait for the full Commission?" The consensus between Deputy Mayor Miller, Commissioner Martinez, Commissioner McGinnis, and Commissioner McLeod was that this Workshop should be held on Monday, February 3rd, 2003 at 6:30 p.m. Deputy Mayor Miller said to City Clerk Lorenzo- Luaces, "Andrea, you will call Commissioner Blake and see if he is going to be here that evening, and then let us know if we can get a quorum." An alternate date was then suggested by the City Commission as Monday, February 17th, 2003, also at 6:30 p.m. City Clerk Andrea Lorenzo-Luaces then reminded the City Commission that "The Paw Park Workshop with the City Commission is next Monday, prior to our Meeting on the 2ih - that will begin at 5:00 p.m." followed by the Regular Meeting scheduled to begin at 6:30 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 21,2003 PAGE 16 OF J7 REPORTS 44. D. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez stated, "I had a matter of utmost importance that I wanted to bring up to the attention of the Commission, the City Attorney, and the City Manager - but the full Commission must be here because this is a serious matter that has to be heard by all - and I need to postpone that." Secondly, Commissioner Martinez said to Attorney Buak, that the City Commission had asked Attorney Garganese to "Review the Resolution dealing with proceedings by the Commission which is very badly needed and that was before the Christmas break, and I think we need to have this back." Next, Commissioner Martinez inquired about the Boat Dock Ordinance and asked Manager McLemore, "When are we going to have something back?" Manager McLemore responded, "I will have to check into that for you - I know it is being worked on. It will be an Informational Item on your next Agenda." REPORTS 45. E. Commission Seat Four - Sally McGinnis No Report. REPORTS 46. F. Commission Seat Five - David W. McLeod No Report. REPORTS 47. G. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller inquired, "What is the status of our lawsuit with Oviedo?" Manager McLemore stated, "Waiting for the judge to render an opinion." Next, Deputy Mayor Miller spoke of the light poles in the Town Center and inquired, "Have there been any new developments on those?" Manager McLemore responded, "Lots of discussion - I do not know if it will make the next Meeting, but the Meeting after that - we should be in front of you." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETfNG - JANUARY 21,2003 PAGE 17 OF 17 REPORTS 48. H. Commission Seat Two - Michael S. Blake No Report as Commissioner Blake had departed the Meeting. REPORTS 49. I. Office Of The Mayor - John F. Bush Absent. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Deputy Mayor Miller adjourned the Meeting at 9:21 p.m. RESPECTFULLY SUBMITTED: - '. , . ~ ' ". - - - ~-- 'APPROVED: _ ~ -=- -:: ~ '., NOTE: These Minutes were approved at the February 10, 2003 Regular City Commission Meeting.