Loading...
HomeMy WebLinkAbout2001 12 10 Consent B Approval of November 26, 2001 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM B Consent X Informational Public Hearings Regular December 10.2001 Regular Meeting Mgr. / Dept. Authorization CONSENT B. Office Of The City Clerk Approval Of The November 26,2001 City Commission Regular Meeting Minutes, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 26, 2001 J. CALL TO ORDER The Regular Meeting of Monday, November 26,2001 of the City Commission was called to order by Mayor Paul P. Partyka at approximately 6:35 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 David W. McLeod, absent Commissioner Robert S. Miller, present Commissioner Michael S, Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A, Garganese, present A mC!l1ent of silence was followed by the Pledge of Allegiance. Mayor Partyka stated, "There has been a request by the - Commission 'to bring the Turnpike Authority's presentation up - prior to Public Input." City Manager Ronald W. McLemore stated, "Staff would like to defer - Regular Item 'D' - to the next Meeting." With discussion, the Commission agreed to discuss Regular Item "H" at a Special Meeting, which will be held on Monday, December 3,2001 at 6:30 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING INDIVIDUALS ADDRESSED THE COMMISSION ON THE DYSON DRIVE ISSUE. .:..:. Mr. Richard Taylor, 1129 Dove Lane: spoke of wanting to meet with the City Commissi.)n one-on-one, and that this same matter had been in the works about two years ago. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26,2001 PAGE 2 OF 29 Ms. Mandy Taylor, J J 29 Dove Lane: commented on changes to the original document, and asked that written infonnation pertaining to the benefits of this project be provided to the residents of this area; and asked if a list of the interested residents could be given to someone. With discussion, Mayor Partyka asked Ms. Taylor to be the group's "Coordinator" and to put a list together of interested residents and to provide it to the City Manager or the City Clerk. Mayor Partyka stated that the "City Manager will ensure that our Staff will meet up with your staff," .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR (NEW ITEMS FOR THIS AGENDA) AGENDA ITEM WAS HEARD NEXT. .:..:. VI[. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR A. Oftice Of Commissioner Cindy Gennell Requesting The Commission To Receive A Report From The Turnpike Authority On A Pilot Project To Reduce Tolls On State Road 417 Between State Road 434 And Red Bug Road. Mr. Joey Gordon and Mr. Saad A. Shbaklo of the Florida Department of Transportation - Turnpike District gave a presentation to the Commission on a new pilot study which reduces the tolls at the State Road 434 exit from seventy-five cents ($.75) to thirty-one cents ($.31). Mr. Gordon then advised the Commission that "Following the completion of the study, the Turnpike District will evaluate the results and report the findings back to the City of Winter Springs." Commissioner Michael S. Blake asked Mr. Gordon, "When was the last time you took counts on some of the residential roads in Winter Springs that are frequently used as cut- through methods to avoid going downtown Oviedo? Those specifically would be . VistawiHa Drive, Northern Way, Seneca Boulevard, Winter Springs Boulevard, the other Northern Way, Citrus." Mr. Gordon responded, "We can verify exactly what was counted for you and get information to you," Additionally, Mr. Gordon stated, "We can certainly use some input from you guys if you notice some particular anomalies that we may not be familiar with, specifically to your area - it would be helpful for us." Mr. Gordon then said, "We do count a lot of the local network, but I don't know if we actually count those specific ones or not, but we can definitely check into it and let you know." Commissioner Blake also mentioned Tuscora Drive and Greenbriar Lane, Commissioner Cindy Gennell asked about Shetland Avenue, Mr. Gordon added, "We'll definitely follow up on that and get back to you." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 3 OF 29 Commissioner Robert S. Miller asked why the State Road 434 toll booth was only sometim~s manned. Mr. Gordon explained that the Office of Toll Operations handles such matters, but said, "We will make a note of it and we'll follow up on it for you." Regarding the premise of this project, Mr. Gordon reiterated that "The real thing that we are trying to accomplish is take traffic off the local network, 434 in particular, and other streets in the local network that are serving the City of Oviedo and out them on the Seminole Expressway for that short trip," Commissioner Gennell stated, "Since this program is going to last for a whole year, and it is going to benefit many of our citizens who have the transponders, I would suggest that we get the City Manager to put that in the next newsletter." Informational brochures were handed out, along with the toll free number, which is 1- 888- TOLLFLA. .:. .:. AGENDA NOTE: DOCUMENTEDo .:. .:. PUBLIC INPUT WAS HELD NEXT, AS 110 PUBLIC INPUT Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: remarked about her new appointment to a second Advisory Committee and asked that an individual's "Positive aspects" be considered. Brief discussion. Ill. CONSENT CONSENT Ao Information Services Department Requests That The Commission Approve/Adopt The "Policy For Use Of Computer, Internet, E-Mail, And Electronics Systems," Hereafter Called "Computer Usage Policyo" Commissioner Edward Martinez, Jr. commented, "On page 6, under 'City Software,' the second line where it says 'Federal copyright law makes it illegal copy.., ", and Ms. Joanne Dalka, Information Services Department Director agreed that the wording should state '" .., To copy". ", Commissioner Martinez pointed out that on page 8, Item 5, A., "Is it mice or mouse?" Ms. Dalka stated, "Mice," CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 4 OF 29 Cornr!Jissioner Martinez then said "I didn't see anything on theft of identity and credentials. Is that covered?" City Attorney Anthony A. Garganese stated that "There are state laws that address identity theft, criminalization of those types of activities, but there is no specific provision in here on identity theft." Commissioner Martinez asked Attorney Garganese, "Are you satisfied with this, the way it is?" Attorney Garganese responded, "In the context - in which it is being brought you, I am satisfied," Commissioner Gennell pointed out that on page 6, under Item 3., "You have 'my' instead of 'may.'" Additionally, Commissioner Gennell spoke of her concerns with items 2., 3., and 4. and suggested that "Situations could come up where somebody inadvertently accesses these things." Commissioner Gennell added, "I would think that the word 'Deliberately' or something similar to 'Deliberately' would be a little more clear," Commissioner Gennell stated, "I just want to make sure that somebody opening something accidentally isn't going to be penalized for that." Mayor Partyka asked Ms. Dalka, "Is it covered, or not?" Ms. Dalka responded, "Yes." On page 4, the use of computers for personal use was discussed next. Tape I/Side 8 Commissioner Gennell commented on the last line on page 4, specifically the text stating ". . . use without authorization from the City Manager" and inquired, "Is there a reason for it to be there." Manager McLemore said that he would be agreeable to deleting this section. Discussion. Manager McLemore suggested, "In an abundance of caution, the better thing would be to cut it out. Like I said, those situations will arise anyhow, and unless we can find some real public purpose involved, we shouldn't be doing it. Because, I am in the same situation; if you leave it in there, the only way I would approve it anyhow, is if somebody could show me a public purpose - but yet it would almost be contradictory to the language." Mayor Partyka polled the Commission regarding whether this wording should be deleted and asked, "Do you agree with that position?" Commissioner Miller stated, "I think it ought to be in there." Commissioner Blake stated, "Take it out." Commissioner Martinez responded, "Out." Commissioner Gennell stated, "Out." Discussion followed on how this would apply to Elected Officials. Manager McLemore suggested, "We can do it up front." Attorney Garganese added, "Under the general statement of policy, we can add 'Mayor and City Commission.'" Attorney Garganese then spoke of the potential remedies and said, "Those types of remedies and sanctions I don't think need to be stated in this policy; if you want them stated, I'd be happy to put them in there," Commissioner Martinez suggested, "I think you should insert at least one line or two (2) to the effect that this is applicable to Elected Officials also." Commissioner Miller stated, "I concur. I think there should be a comment in there making it applicable," CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 5 OF 29 Commissioner Gennell then asked if and how this Policy would deal with volunteers and interns and stated, "I would like to know - if this covers them." Ms. Dalka stated, "It should cover them, and they would have to adhere to the same Policy as the employees for any computer usage." Ms. Dalka added, "We can specify" such individuals also." Commissioner Blake suggested including Contractors also. With discussion on controls, Commissioner Martinez felt that "This is a weak linle" CONSENT B. Community Development Department Requests Authorization To Submit The Florida National Scenic TraiVCross Seminole Trail (FNST/CST) Management Plan To The Board Of Trustees Of The Internal Improvement Trust Fund. CONSENT C. Public Works Department Requesting Authorization To Execute Amendment 72 - Town Center Streetscape And Laudscape Services With Conklin, Porter & Holmes Engineers, Inc. CONSENT D. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For State Road 434 Medians & Rights Of Way. Attorney Garganese stated, "Under the contract on paragraph 3.1 on page 14, where it talks about the scope of services as described in the project - where it talks about the scope of services, as described in the project manual, we will be adding in a phrase, 'attached hereto and incorporated herein as Exhibit 'A.' So we will be attaching the project manual which includes a detailed scope of services for this contract." CONSENT E. Community Development Department Requesting Authorization For The City Manager To Execute A Purchase And Sale Agreement For The Acquisition Of Approximately 0.0471 Acres From Laverne W. And June L. Kingsbury. CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The November 12, 2001 Regular City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 6 OF 29 CONSENT G. Office Of The City Clerk Appn>val Of The Minutes Of The November 19, 2001 Special City Commission Meeting. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. .:. .~. AGENDA NOTE: THE FOLLOWING DISCUSSION WAS HELD, AS DOCUMENTED. .:. .:. Mayor P:rrtyka suggested the Commission consider how they might be able to speed up Commission Meetings, and suggested that they "See if we could put a time limit on Commissioner's discussions, including the Mayor, up to about - no more than ten (10) minutes." Commissioner Martinez said, "What I suggested to you is you get together with the City Attorney and apply 'Roberts Rules,' the rules of debate to this body here to prevent all this back and forth questions and answers that go on and on and on," Mayor Partyka stated, '''Roberts Rules' says that after a Motion has passed, during discussion each of the voting members can speak up to five (5) minutes and no more than twice, so a total of ten (10) minutes under discussion, after a Motion is made, Prior to thiil there is no set time limit other than what this body has set." Discussion. Commissioner Blake remarked about Resolution 908 and that at other cities, meetings are held with voting members and the City Manager, prior to a public meeting. Commissioner Miller stated, "I would support your '5 and 5.'" Commissioner Martinez was in favor of 'Robert's Rules. ,,, Commissioner Gennell agreed with what had been said thus far, and stated, "I support the' 5 and 5, '" Commissioner Gennell then inquired, "Once a Motion has been made, can you still table it?" Mayor Partyka said, "Yes." Commissioner Blake stated, "We can certainly try to work towards a '5 and 5,' but if somebody has something that they feel they need to say, this Resolution which is the rules that we - adopted for this Commission, and we put them in Resolution,form," CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26. 2001 PAGE 7 OF 29 Mayor Partyka then said, "At this point in time, there are three (3) Commissioner's that Wdl to go with the '5-5' post-Motion discussion, - And if I need a vote, since it is a Resolution, I would be willing to accept a Motion on that." "SO MOVEDo" MOTION BY COMMISSIONER MARTINEZ. SECONDED. .DISCUSSIONo ATTORNEY GARGANESE ASKED, "MAYOR, ARE YOU ASKING THAT THE RESOLUTION 908 BE AMENDED?" MAYOR PARTYKA REPLIED, "THAT'S WHAT THIS MOTION WOULD BEo" ATTORNEY GARGANESE THEN SAID, "AND WE'LL BRING BACK THE RESOLUTION AT ANOTHER MEETING?" MAYOR PARTYKA ADDED, "I BELIEVE ROBERT'S RULES SAYS A MOTION, AND IF THAT INCLUDES AN AMENDMENT TO THAT, WE WILL JUST READ THAT IN THEREo I JUST WANT TO FOLLOW 'ROBERT'S RULES' ON THIS ONE." COMMISSIONER GENNELL ASKED ATTORNEY GARGANESE, "CAN'T WE JUST PASS THE RESOLUTION TONIGHT? PASS THIS AS AN AMENDMENT TO THE RESOLUTION?" ATTORNEY GARGANESE SAID, "IT WOULD HA VE TO BE WRITTEN. I COULD WORK ON ONE AND SEE IF I CAN GET IT DONE, BETWEEN NOW AND THE END OF THE MEETING AND YOU CAN APPROVE ITo" VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NEXT HFARD AS DOCUMENTEDo .:..:. IVo INFORMATIONAL None. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26.2001 PAGE S OF 29 v. PUBLIC HEARINGS PUBLIC HEARINGS A. Commlllnity Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2001-58, Which Would Change The Zoning Map Designation Of A 49.55-Acre Parcel From "Planned Unit Development (Seminole County) To "Planned Unit Development" (Winter Springs). "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE WITH FURTHER BRIEF DISCUSSION, COMMISSIONER BLAKE STATED, "NO, I CHANGE MY VOTE." COMMISSIONER BLAKE: AYE (REVISED VOTE) MOTION CARRIED. Attorney Garganese read Ordinance 2001-58 by "Title" only, Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed, Commissioner Blake asked about the "PUD" document, and stated, how can we "Adopt a zouing classification POO when we haven't defined according to our Codes, what this PUD is." Mr. Earnest McDonald, A1CP, Advance Planning Coordinator Community Development Department addressed this issue with the Commission, With discussion by the Commission on being provided with appropriate copies of related documents, Commissioner Blake added, "I have some real problems passing on zoning when I don't think we have gone through any appropriate steps yet." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 9 OF 29 Ms. Christie Eljlein, Glatting Jackson, 33 East Pine Street, Orlando, Florida: said she would be glad to get the Commission copies of the requested documents for the next Reading. Ms, Elflein added, "We don't intend to submit the Final Development Plan at this point in time. We don't have an end user of the property right now, so once we do have an er,d user, we will come back with the Final Development Plan and go forward - to get that approved." Attorney Garganese commented on the Master Plan and stated, "That information - should have been submitted to the Commission for review as part of this Agenda Item, because the Master Plan is one of the most important documents in a PUD zoning." Ms. Elflein added, "We will have the copies - to each of you first thing," "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE UNTIL DECEMBER 10TH, THE FIRST READING OF ORDINANCE 2001-58." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS B. Office Of The Fire Chief/Office Of The City Attorney Requesting That The City Commission Conduct A First Reading And Public Hearing For Ordinance Number 2001-54 Concerning Revisions To Article III Of Chapter 7 Of The City Of Winter Springs Code Of Ordinances Concerning Fire Prevention Code. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE IOOF29 Attorney Garganese read the Ordinance by "Title" only, and said that the Fire Chief, Timothy J, Lallathin had provided him with a copy of the "Uniform Fire Safety Code for the entire State of Florida." Chief Lallathin addressed the Commission on Impact Fee credits. With discussion, Commissioner Blake inquired, "Does this discount method get us to the same place or does it jeopardize the rest of the Impact Fee calculations?" Commissioner Blake added, "When you have Impact Fees, they have to be defensible, and we need to make sure that it's just not a number out of the air," Further, Commissioner Blake stated, "I have some concerns about that number and we need to look at it, I think more closely." Commissioner Blake inquired about the effective date and Attorney Garganese said that it should be effective January 1,2002. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed, "I MOVE TO MOVE THIS FOR SECOND READING." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department Requests That The City Commission Consider The Recommendations Of Land Design Innovations (LDI) For The Evaluation And Appraisal Report (EAR) Based Amendments To The Comprehensive Plan Of The City Of Winter Springs. Commissioner Gennell commented that there was no Attachment 'c.' as listed in the Agenda Item, Discussion ensued with Mr. McDonald, Tape 2/Side A Further discussion followed on what documents have previously been provided to the Commission. Commissioner Blake asked, "Did P and Z have final documents to pass approval on?" Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 11 OF 29 Ms. TraGY Crowe, Principal Planner, Land Design Innovations, Inc., 151 Lookout Place, Suite 200, Maitland, Florida: advised the City Commission that "You should have received, the three (3) ring binders that are all in a strike-through and underline format. I thi:1k Deputy Mayor McLeod had taken the lead and the initiative on requesting that when we provided you with the final copy, it was made very clear that we had to provide you with the list of all of the changes that occurred, so we not only went out of our way to show you from the original drafts that you received, now you are receiving a strike- through and underline - so that you can see everything that we have changed during the Workshops, but we also provided you a summary for every single Element that tells you every single change that - we compiled with from the Workshops - this is your final copy, " Commissioner Blake said to Ms. Crowe, "Are you suggesting that we have, even for the very last Workshop we've received the work that came out of that one..," Ms. Crowe responded, "...Yes, sir." Commissioner Blake then said, "...With all the strike- throughsT Ms. Crowe stated, "Yes, sir. This is a complete document." Commissioner Blake then stated, "Whatever Motion is made, I would vote to pass this from First Reading to Second Reading with the understanding that each of us will double check to make sure that we have complete copies." Manager McLemore said, "Let us know," Commissioner Blake added, "And we can get back with the City Manager and he can get us copies of those things that we don't have, just to be sure." "SINCE THIS IS COMING BACK FOR A SECOND READING AT WHICH TIME IT BEHOOVES THEM TO MAKE SURE THAT WE HAVE THE FINISHED PRODUCT THAT WE ARE SUPPOSED TO, WITH ALL THE CORRECTIONS. IF NOT, WE CAN KILL THE AGENDA ITEM THEN. I MAKE A MOTION THAT WE MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. Mayor Partyka stated, "Could you hold that Motion and let me open this up to Public Input. " Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed, COMMISSIONER MARTINEZ THEN STATED, "MOTION STANDS." MOTION REITERATED BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26.2001 PAGE 12 OF 29 COMMISSIONER GENNELL THEN STATED, "I AM UNDERSTANDING NOW, THAT WHEN IT COMES BACK FOR THE SECOND READING, I HAVE THE STRIKE-THROUGH COPY, BUT I DON'T HAVE THE FINAL DRAFT HERE, THAT IT SAYS I HAVE. SO AM I TO UNDERSTAND THAT AT THE SECOND READING WE WILL HAVE THE FINAL DRAFT COpy IN FRONT OF US, WITH STRIKE-THROUGHS OR ANYTHING?" MANAGER McLEMORE STATED, "THAT WAS NOT MY UNDERSTANDING." MANAGER McLEMORE FURTHER STATED, "MY UNDERSTANDING WAS YOU WOULD HAVE A STRIKE-THROUGH VERSION BECAUSE THAT IS WHAT YOU ASKED FOR. IF YOU DON'T HAVE A STRIKE-THROUGH VERSION, LET ME KNOW AND WE WILL MAKE SURE YOU GET IT." MANAGER McLEMORE THEN STATED, "YOU WEREN'T COMFORTABLE IN GETTING A CLEAN - YOU WANTED A STRIKE-THROUGH VERSION SO YOU COULD SEE THE CHANGES." COMMISSIONER GENNELL ADDED, "I WOULD GUESS THAT WE WANTED TO SEE THAT PRIOR TO IT GOING TO . A FINAL DRAFT, BUT IT DIDN'T MEAN THAT WE DIDN'T WANT A FINAL DRAFT." ATTORNEY GARGANESE STATED TO THE COMMISSION, "THIS IS FIRST READING AND TRANSMITTAL OF THE COMPREHENSIVE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS." REGARDING THE PREVIOUS MOTION, COMMISSIONER MARTINEZ STATED, "IT IS WITHDRAWN." Mayor Partyka inquired, "Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka again opened the "Public Input" portion of this Agenda Item. No one spoke. This "Public Input" portion of this Agenda Item was closed. .'::' ~~:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 13 OF 29 "THE MOTION IS THE SAME - MOVE TO SECOND READING PROVIDING AT THAT TIME WE ARE DELIVERED A COPY OF - WITH ALL THE CORRECTIONS THAT WERE APPROVED BY THIS COMMISSION DURING THE SEVERAL WORKSHOPS THAT WERE HELD." MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER GENNELL ASKED, "AND TRANSMITTAL?" COMMISSIONER MARTINEZ STATED, "YES." SECONnED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY MAYORPARTYKA: AYE MOTION CARRIED. DISCUSSION FOLLOWED ON THE MOTION THAT WAS' JUST MADE. MA YOR PARTYKA STATED, "COMMISSIONER MARTINEZ, THE MAKER OF THE MOTION, AND YOUR STATEMENT OF THE MOTION, WAS THAT TO - IN EFFECT, REVIEW THE UNDERLINED COPY THAT WE HAD, AT THA T POINT IN TIME, LIKE WE HAVE DONE IN THE PAST?" COMMISSIONER MARTINEZ STATED, "BRING IT BACK FOR SECOND READING AND APPROVE IT OR DISAPPROVE IT, SO IT CAN BE FORWARDED." MAYOR PARTYKA STATED, "BUT THAT'S IT?" Commissioner Blake stated, "Point of Order. I would like to have the Clerk read back the Motion please. " CITY CLERK ANDREA LORENZO-LUACES STATED, "MAYOR, WHAT I HA VE IS, MAYOR - 'MOTION BY COMMISSIONER MARTINEZ TO MOVE TO SECOND READING PROVIDING WE ARE GIVEN COPIES,' AND THAT IS WHAT I'VE GOT." MAYOR PARTYKA STATED, "IF YOU HAVE THE UNDERLINED COPIES, YOU DON'T NEED ANY MORE, AND IF YOU DON'T HAVE IT, YOU GET A CUPY. IS THAT CORRECT?" COMMISSIONER MARTINEZ STATED, "WHAT! MEANT BY THE FINAL PRODUCT IS THE UNDERLINED ITEMS THAT WE WORKED ON; I MENTIONED TlIE WORK PROJECTS, AND THE WHOLE THING." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26.2001 PAGE 14 OF 29 MAYOR PARTYKA THEN SAID, "IF THAT'S THE WAY WE UNDERSTAND IT, WHICH IS UNDERLINED COPIES..." COMMISSIONER MARTINEZ ADDED, "...THAT'S THE WAY IT IS MEANT TO BE..." MAYOR PARTYKA THEN STATED, "...1 THINK THE MOTION STANDS THE WAY IT IS, AND YOU DON'T HAVE TO MAKE ANY EXTRA COPIES. IF WE HAVE THE UNDERLINED VERSION IN OUR POSSESSION, WE'VE GOT IT. IF WE DON'T HAVE IT, YOU GET A COpy OF IT. IS THAT CORRECT?" COMMISSIONER MARTINEZ RESPONDED, "YES, SIR." MAYOR PARTYKA STATED, "MOTION STANDS." PUBLIC HEARINGS D. Community Development Department Requests That The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2001-52, Which Would Initiate Annexation Procedures For The Dyson Drive Area Pursuant To A Referendum Vote Considered By The Registered Electors Of The Area And Repeal Ordinance 2000-27, Which Was Not Used For Annexation. "MAYOR, MOTION TO MOVE 2001-52 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMl\lISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion ensued on absentee ownership property. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Hugh Wilson, 1066 Black Acre Trail: spoke about his concern with the entrance to Dyson Drive and hoped that it would be similar to the other entrances, Mr. Wilson then said :hat they would like to meet with Manager McLemore in December. Manager McLemore stated, "Agreed." Mr, Bill Diamond, Dyson Drive: did not officially address the City Commission. Mayor Partyka stated, "Bill Diamond states that he agrees with Mr. Wilson." The "Public Input" portion of this Agenda Item was closed. ._."",-:'~ CITY OF WINTER SPRINGS MINUTES CrTY COMMrSSION REGULAR MEETING - NOVEMBER 26,2001 PAGEI50F29 Manager McLemore stated, "There is every understanding that a positive vote in favor of annexation is a positive vote to be included in the Assessment District. Now, I think the Commission needs to know that is what is in people's minds, that if they are voting on annexation, they are voting on this coming into the Assessment District, and some way, the Commission needs to give some indication of that, as part of this whole Referendum process. ~ow, whether that is - put in the language of the Ordinance and maybe that is nOl the best place, or it could simply be done by the Commission taking a vote in session - we need. to get that clear understanding between the Commission, and certainly the Staff and the people." Manager McLemore added that by the "Next time, we have the Second Reading, we need to establish the date of this Referendum, and we can do that by Agenda Item." Commissioner Blake suggested, "If we can have the Attorney draft a brief Resolution that this Commission can pass." Commissioner Blake added that a similar previous vote "Had 62% - I believe was the number - of the residents in the annexation area approving inclusion into the Beautification District, and we can adopt that as our indication of interest, and then move forward and put in the Resolution format, that should this area be annexed into the City; then they will be included as part of the Beautification District." Discussion. Attorney Garganese suggested, "If you want to state that intent in the Ordinance, we can state that intent in the Ordinance." Commissioner Blake inquired if it could be part of the "Question?" Attorney Garganese stated, "You may be able to add it in the explanatory statement - of the Referendum question - to state your intentions," Attorney Garganese then explained that "I will amend the Ordinance and it will come back to you for Second Reading and it will have a statement of intent that if the - registered electors vote for annexation, that's the intent of the Commission is that the property would be included in the TLBD." Manager McLemore added, "And in the information we give out, we will state that." "I MAKE A MOTION THAT THIS ITEM BE APPROVED AND MOVED TO SECOND READING, AND THAT THE AMENDMENTS CITED BY THE ATTORNEY BE INCORPORATED INTO THE ORDINANCE THAT IS GOING TO BE BROUGHT BACK TO US AT SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "THE PEOPLE IN THAT SECTION ARE A \'" ARE OF THE FACT THAt THEY WANT TO BELONG TO THE TA...XING DISTRICT AND THEY KNOW THAT IN ORDER TO BELONG TO THE TAXING DISTRICT, THEY HAVE TO BE ANNEXED." FURTHER, COMMISSIONER MARTINEZ SUGGESTED, "A LITTLE NOTICE TO THEM, INCLUDING MAYBE A COPY OF THE ORDINANCE, WILL MAKE SURE THAT ALL THOSE BARRIERS ARE CLEAR." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26. 2001 PAGE 16 OF 29 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka called a recess at 8:42 p.m. The Mee6ng was called back to order at 9:00 p.m. Mayor Partyka stated, "Let the record show that three (3) Commissioners are here; Commissioner Gennell, Miller, and Martinez." PUBLIC HEARINGS E. General Services Department Requests The City Commission Conduct A Public Hearing For The Adoption On Final Reading Of Ordinance 2001-53, A Franchise Agreement Between The City And Florida Public Utilities Company, Which Provides For Natural Gas Services In The City. Mr. Gene DeMarie, General Services Department Director addressed the Commission on this issue. Mayor Partyka read the Ordinance by "Title" into the record. Attorney Garganese returned to the dais at 9:02 p.m. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Attorney Garganese said that as a result of a conversation with Mr. Donald E. Kitner of Florida Public Utilities Company, a few other changes were being requested by Mr. Kitner. The first change could be found on page 14, under paragraph 12,9. Attorney Garganese stated, "At the request of the company, they wanted some additional language in th~re - 'This paragraph is not intended to require the company to pay the cost and expense for work performed by the company on private property, at the request of the property owner.' The company would like to also insert the word 'Public' property as wel!." . Commissioner Blake returned to the Commission Chambers at 9:05 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 170F29 Attorney Garganese reiterated the suggested change as "On private or public property, at the request of the private property owner." Attorney Garganese added, "If the City requested that they relocate infrastructure, on City right-of-way, the City does not incur any expense because they are in the City's right-of-way." Commissioner Gennell asked, "Where does it say that they are obligated to remove things at their cost, at the City's request on City property?" Mr. Donald E. Kitner, Division Manager, Florida Public Utilities Company, 830 West Sixth Street, Sanford, Florida: stated, "We are on the City's right-of way by permit and part of that permitting process is that - we have to move our facilities if it is in the way of City construction - at our cost." Attorney Garganese said, "I am just going to emphasize that in paragraph 12.9, that it doesn't apply when the City requests that you relocate infrastructure," Mr. Kitner stated, "That's fine." Attorney Garganese explained that the additional request "Involves the 'Most Favored Franchise Fee' clause that we added - in paragraph XVII.. They do not object to the provisions in the 'Most Favored Franchise Fee' status paragraph, however, they would like - that provision stated in a separate Agreement, not in the Franchise Fee Ordinance." Attorney Garganese then stated, "If we were going to state this provision in an Agreement form, I would want to add a paragraph in that Agreement that is called a 'C:I)SS Default' paragraph that in the event they default under the Franchise Fee, we could terminate that Agreement and vice versa. If they default on the most 'Most Favored Franchise Fee' Agreement, then we have the right to terminate the Franchise Ordinance. " Discussion, Tape 2/Side B Attorney Garganese stated that "I don't need to make reference to that in the Franchise Ordinance that is before you; however, in the Agreement that we prepare, there will be 'Cross Default' provisions which simply state that if you breach or you violate the 'Most Favored Nations' clause, then the City has the right to terminate the Franchise Ordinance, and vice versa." Commissioner Gennell said to Attorney Garganese, "There won't be anything in this Odinance to call a future City Attorney's attention to the fact that one exists today?" AttoMey Garganese stated that "We can ensure that hopefully - as part of the Archives, that we incorporate both and we staple them together as one comprehensive franchise rela!ionship with the company." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26,2001 PAGE 18 OF 29 Mr. Kitner added, "We provide, on an annual basis, what our franchise fees are to each municipality that has a 'Most Favored Nations,' so that will stem someone's memory." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION TO APPROVE ITEM 'E,' PROVIDING THE APPLICANT ENTERS INTO AN AGREEMENT WITH THE CITY, WITH RESPECT TO THE 'MOST FA VORED FRANCHISE FEE' STATUS." MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER GENNELL STATED, "HE IS APPROVING THIS ITEM WITHOUT THE 'MOST FAVORED NATIONS' ATTACHED TO IT..." COMMISSIONER MARTINEZ STATED, "...PROVIDING THEY ENTER INTO IT." COMMISSIONER GENNELL ADDED, "...AS A SEPARATE AGREEMENT." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: NAY MAYOR PARTYKA: AYE MOTION CARRIED. PUBLIC HEARINGS F. Office Of The City Manager/Office Of The City Attorney Request That The City Commission Conduct A Public Hearing For First Reading Of Ordinance 2001-59, An Ordinance Prohibiting A Person From Publicly Appearing Nude In Any Establishment That Is Licensed By The State Of Florida To Permit The Sale, Service, Or Consumption Of Alcoholic Beverages. "MOTION TO READY BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE CO:\1MISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 190F29 Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke, The "Public Input" portion of this Agenda Item was closed. Commissioner Blake stated, "I still want to put on the record my objection to Section 3- 10, (4), the definition of 'Person.' I think we should strike that section altogether." Discussion ensued on the definition of 'Person.' Attorney Garganese explained that "The intent of the Ordinance is to create one standard in Seminole County, and Seminole County has taken the lead in adopting its 'Public Decency' Ordinance to have this definition in place." Commissioner Gennell added, "My inclination would be to strike the 'Ten (10) years of age' out of there. Commissioner Martinez stated, "Point of Order" and commented on the standards being discussed. With further discussion, Commissioner Gennell stated, "My preference would be to put a period after 'Being' and delete the balance of that sentence." Commissioner Miller stated, "Point of Order" and asked about the definition of "Nates. " Commissioner Blake suggested, "We already have an exception that in section (c), under 'Exceptions.,' is also not a violation of this section for 'a mother to breast feed her baby.' Why don't we just add appropriate language in there, 'Or to change a baby's diaper,' or whatever you want to put in there that makes sense. That would cover that issue." "I MAKE A MOTION WE MOVE THIS TO SECOND READING, THIS ORDINANCE NUMBER 2001-59, WITH THE SECTION 3-10 (a) (4) STRIKING ALL WORDS AFTER THE WORD 'BEING,' AND IN SECTION - 3-10 (e) UNDER 'Exceptions.,' ADDING LANGUAGE IN THE LAST SENTENCE IS 'ALSO NOT A VIOLATION OF THIS SECTION FOR A MOTHER TO BREAST FEED OR CHANGE HER BABY - CHANGE THE DIAPER." ATTORNEY GARGANESE SUGGESTED USING THE WORD "'CLOTHING,' THAT WOULD INCLUDED DIAPER." COMMISSIONER BLAKE ADDED, "THAT'S MY MOTION, MAYOR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION FOLLOWED ON DEFENSIBLE ARGUMENTS. . ~. ..J ,. CITY OF WfNTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26.2001 PAGE 20 OF 29 VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS G. Community Development Department/Office Of The City Attorney Present To The City Commission For A First Reading Ordinance Number 2001-57 That Would Amend Chapter 6 Of The Winter Springs Code Of Ordinances Entitled Building~J And Building Regulations And Repeal Chapter 8, In Response To The Implementation Of The Florida Building Code. "I MOVE FOR READING BY 'TITLE' ONLY." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. At:orney Garganese read the Ordinance by "Title" only, Attorney Garganese explained that "Page 17 of 19, you will see in brackets, information to be supplied by the Building Official. Before Second Reading, we need to just come back and include some landmarks, in which to define the wind speed area for the City of Winter Springs." Mr. Dennis Franklin, Building Official, Building Division, Community Development Department addressed the Commission and commented on the landmarks, and suggested that "If we could use the proper verbiage to say that in the incorporated areas of the community, then .that would automatically grow, and we wouldn't have to change it every time we annexed property," 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 - NOVEMBER 26, 2001 PAGE 2101' 29 Discussion followed on the Code and whether there was a more precise map or drawing depicting where wind speed lines were. Commissioner Blake asked, "Is there a better map, because the one from DCA is as general as the one you have." Commissioner Blake further suggested that a possible solution might be "We could just make a finding that the 120 mile an hour wind line lies directly on top of the North/South oriented 17/92, and that all portions of Winter Springs that are east of that, are listed at 120 miles an hour, and any portions of Winter Springs that lie to the west of that, which of course there are none, would be 110 miles an hour." Further discussion ensued on wind speeds and what increments were suggested. Tape 3/Side A Commissioner Blake stated, "My recommendation would be we set 17/92 as being the . division between 110 and 120; 120 if you are east of 17/92, and we can check to find out whether we are supposed to be incrementally smaller than ten (10); I think it is ten (10); and whether we have to set one at all, and I think we do." "I MOVE THAT WE MOVE ORDINANCE NUMBER 20Ot-57 TO A SECOND READING INCORPORATING WITHIN IT - 6-3 (;!) - THAT WE ESTABLISH THE WIND - SPEED ZONE - TO BE 17/92; ANYTHING IN THE CITY EAST OF 17/92 TO BE CONSIDERED 120 - AND ANYTHING THAT SHOULD OCCUR IN THE CITY WEST OF 17/92 WOULD BE 110." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Manager McLemore suggested to the Commission, "I have reviewed these other items on the new Agenda and if you wanted to delay all the new Items until next Monday night when you have your other Meeting, I don't see any reason why you couldn't do that." .:. .:.. AGENDA NOTE: THE FOLLOWING REGULAR (ITEMS CONTINUED FROM THE NOVEMBER 12, 2001 REGULAR MEETING) AGENDA ITEMS ARE DOCUMENTED IN THE ORDER AS DISCUSSED. .:. .:. VI. REGULAR (ITEMS CONTINUED FROM THE NOVEMBER 12, 2001 REGULAR MEETING) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26,2001 PAGE 22 OF 29 REGULAR H. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Possible Code Amendments To Regulations Concerning Temporary Storage Units. (This Agenda Item Was Previously On The November 12, 2001 Regular City Commission Agenda, However, Due To Time Constraints This Agenda Item Was Not Discussed). Ms. Jimette Cook, Code Enforcement Division Manager, Community Development Department introduced this Agenda Item and spoke of some discussions that she and Manager McLemore have had with the representatives of a temporary storage units company. Further, Ms. Cook stated that On "September the 4th, September the 6t\ the loth, and the lih, there were 'PODS' installed in the City after the Ordinance was enacted; imd after they were notified of the Ordinance, there were 'PODS' installed in the City wi::hout permits, We did issue citations on those four (4) dates. Mr. Greene did request a court date, and then is challenging those Ordinances - and we will go to Court on December 21 st." "I AM GOING TO MAKE A MOTION THAT WE TABLE THIS ITEM; IF WE HAVE A COURT ACTION, THEN I DON'T THINK IT IS PRUDENT FOR US TO BE HAVING THESE TYPES OF DISCUSSIONS DURING LITIGATION, SO I WILL MAKE A MOTION TO TABLE THIS." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR C. General Services Department Requests That The City Commission Determine If Any Changes Should Occur In The Way The City Addresses The Pay Status Of Employees Who Are Called To Active Duty In The Military. (This Agenda Item Was Previously On The November 12, 2001 Regular City Commission Agenda, However, Due To Time Constraints This Agenda Item Was Not Discussed). Mr. DeMarie opened the discussions on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26. 2001 PAGE 23 OF 29 Regarding benefits, Mr. DeMarie advised Commissioner Gennell that "Their Health benefits are picked up by the military automatically." Commissioner Gennell inquired, "For their whole family?" Mr. DeMarie responded, "Yes, Ma'am." Commissioner Gennell then asked, "All branches?" Mr. DeMarie replied, "Yes, as I understand it, it's all branches," Commissioner Gennell then asked, "And there is no lapse in coverage?" Mr. DeMarie stated, "There is no lapse in coverage. We allow for the accumulation of vacation and sick leave; and retirement benefits continue. The health benefits of course are taken over by the military," Commissioner Gennell then said, "They lose nothing - financially?" Mr. DeMarie agreed and stated, "That's true." Commissioner Blake asked Mr. DeMarie, "What about contributions to the retirement ac<...ount?" Mr. DeMarie stated, "The contribution issue I would have to check on, Cormnissioner." Commissioner Blake then asked, "Do they accrue time, the vesting schedule, even though they are not here; and do we make contributions, City portion for what they would be paid if they were here; and secondly, do they make contributions on their behalf for the same amount for what they would be paid if they were here?" Manager McLemore stated, "We need to ask our Attorneys about that." Commissioner Blake read from 115.12 Florida Statutes - "They are entitled to preserve all seniority rights, efficiency ratings, promotional status and retirement privileges," Manager McLemore added, "We need some legal rendering on this." Mr. DeMarie stated, "From the Pension Attorney? I can do that." Commissioner Blake then inquired about the following: "For how long - what time frame do we wish to retain that subsidy again" and "What happens if the individual doesn't come back to the City at the end of their tour," Discussion. Commissioner Miller stated, "I go along with the Staffs recommendation." Commissioner Martinez said that when an individual is called to active duty and "Is ordered to report, that should entitle him to some benefits." Commissioner Martinez then said that, "Once he is discharged from duty he is given a certain amount of time for him to come back and say, I am here, and I am ready to go to work. Ifhe doesn't do that, then it is your choice to dismiss him." Further, Commissioner Martinez stated, "Your recommendation to do the same thing as Casselberry is more than sufficient to satisfy the needs of anyone." Additionally, Commissioner Martinez stated, "I am in agreement with your recommendation to subsidize the pay to the level of an employee's City salary." Commissioner Gennell said, "In general, I am satisfied with it the way it is;" and added, "I would suggest to you that you would want to put a term on the length of time that we would continue this supplement to their family or to them. I would think, if you wanted to put a time limit on it, I would base it on the number of years of service with the City," Commi~sioner Gennell then said, "If they are vested with the City, depending on what the legal interpretation is in the end, I would support their ability to contribute to their own pension - we might even want to go to the extent - if they wanted to stay in - our pension plan, ~o them contributing the whole amount that the City would be putting in." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 200] PAGE 24 OF 29 Mr. DeMarie advised the City Commission that "I can bring back the issue of retirement and benefits, at a separate time, if that's okay with you Ron." Commissioner Miller stated, "We accept your recommendation." Commissioner Gennell stated, "Is that with the understanding that they are going to bring back that pension benefits at a later date." Mr. DeMarie stated, "I will research that." REGULAR D. General Services Department And Finance Department Reques'( That The City Commission Determine If Any Changes Are Warranted Regarding The Collection Of Garbage Service Fees During A Customer's Extended Atsence rrom His Residence, Such As Vacation Periods. (This Agenda Item Was Previously On The November 12, 2001 Regular City Commission Agenda, However, Due To Time Constraints This Agenda Item Was Not Disc:ussed). Mr. DeMarie provided the City Commission with some background information on this Agenda Item, and said that there have been several inquiries, Discussion. Mayor Partyka stated, "At this point, three (3) Commissioners have said "'No change.' It seems to me we don't have to do anything at this point in time," REGULAR I. Parks And Recreation Department Requesting The Appointments From The City Commission And Mayor To The Central 'Winds Park Expansion Advisory Committee. (This Agenda Item Was Previously On The November 12, 2001 Regular City Commission Agenda, However, Due To Time Constraints This Agenda Item Was Not Discussed). Mr. Chuck Pula, Parks and Recreation Department Director introduced this Agenda Item to those in attendance. Tape 3/Side B COMMISSIONER MILLER NOMINATED "WAYNE WOJEWODA. HE LIVES ON 677 SIL VERCREEK DRIVE." COMMISSIONER BLAKE NOMINATED, "GEORGE BARCUS." COMMISSIONER MARTINEZ NOMINATED, "VERN ROZELLE." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26.2001 PAGE 25 OF 29 COMMISSIONER GENNELL NOMINATED, "SALLY MCGINNIS." MAYOR PARTYKA NOMINATED "TIM JOHNSON AND PAULA DAVOLI." "MOTION TO APPROVE NOMINATIONS WITHOUT OBJECTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. COMMISSIONER BLAKE THEN STATED, "MAYOR, I WITHDRAW MY MOTION." Mayor Partyka called a break at 10:49 p,m. The Meeting was called back to order at 10:51 p.m. MR. PULA STATED, "THE TWO (2) STAFF APPOINTMENTS WOULD BE KELL Y THOMPSON AND ROD OWENS." "I'LL MAKE A MOTION THAT WE APPROVE THE NOMINEES SUBJECT TO THE APPLICATIONS PROVISIONS - FOR EACH OF THE NOMINEES - THEY HAVE TO FILL OUT THE APPLICATION." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. COMMISSIONER GENNELL STATED, "SO PEOPLE GOING ON A NEW BOARD HAVE TO - SO WHEN THE PEOPLE WHO ARE SERVING, IF THEY GET REAPPOINTED, THEN THEY WILL HAVE TO GO THROUGH THAT PROCESS TOO?" ATTORNEY GARGANESE STATED, "THAT WAS THE DIRECTION OF THE COMMISSION." MAYOR PARTYKA STATED, "ON THIS FIRST TIME, BECAUSE THEY ARE STILL KIND OF NEW, WE BASICALLY COULD TAKE APPLICATIONS AFTER NOMINATIONS." ATTORNEY GARGANESE STATED, "I THINK YOU COULD DO THAT, BUT IN THE FUTURE, I WOULD SUGGEST THAT ANDREA GIVE EACH COMMISSIONER SEVERAL APPLICATIONS, THAT WHEN YOU COME ACROSS A CITIZEN THAT IS INTERESTED IN SITTING ON A BOARD, YOU HAVE AN APPLICATION THAT YOU CAN GIVE THEM, AND HAVE THEM SUBMIT IT TO ANDREA." COMMISSIONER GENNELL INQUIRED, "WHAT TIME FRAME ARE WE LOOKING AT?" ATTORNEY GARGANESE STATED, "INCLUDING COMMISSIONER McLEOD GETTING HIS NAME IN, IT SHOULDN'T TAKE MORE THAN A DAY - ONCE WE GET THE APPLICATIONS TO COMPLETE THE PROCESS." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26. 2001 PAGE 26 OF 29 MAYOR PARTYKA STATED, "EACH OF US, JUST MAKE IT A POINT TO HAVE THE APPLICATIONS IN FOR OUR PEOPLE, SAY BY FRIDAY, CAN WE DO THAT?" COMMISSIONER GENNELL AND COMMISSIONER BLAKE BOTH COMMENTED THAT THEY WOULD ASSIST BUT THAT STAFF SHOULD TAKE CARE OF THIS MATTER. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. IX. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER MARTINEZ ADDED, "THE REASON FOR THE MOTION IS BECAUSE THE MANAGER SAID THAT WE COULD - DO A WAY WITH ALL THESE ITEMS AT THE NEXT MEETING." COMMISSIONER MILLER STATED, "NEXT MONDAY - 6:30." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the Regular Meeting at 10:56 p.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. VII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR B. Office Of Commissioner Cindy Gennell Requests That The City Commission Reflect On Whether They Wish To Consider A Policy Limiting Board Appointments. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETfNG - NOVEMBER 26. 2001 PAGE 27 OF 29 REGULAR C. General Services Department Requests That The City Commission Decide On The Installation Of A "Queuing" System To Show The Mayor In Which Order Individual Commissioners Pressed Their "Request To Speak" Buttons, And If Approved, To Authorize A Supplemental Appropriation For That Purchase And Installation. REGULAR D. Community Development Department Requests The City Commission Consider Adopting Resolution 2001-45 Revising Its Schedule Of Filing Fees And Permits For Development Services And Other Related Applications And Licenses And Consolidating Said Fees Into One Single Resolution. Ncte: Based on brief discussion during the beginning of the Meeting, Manager McL(,more stated that "Staff would like to defer - Regular Item 'D' - to the next Meeting." REGULAR E. Community Development Department Requests The City Commission Approve And Authorize The Mayor To Sign An Amended Interlocal Agreement With Seminole County For The Design, Construction And Maintenance Of Certain Sections Of The Cross Seminole Trail, Within The City Of Winter Springs Town Center. REGULAR F. Community Development Department Requests The City Commission Approve And Authorize The Mayor To Sign The Seminole County School Board Interlocal Agreement Of 2001 On Behalf Of The City Commission. REGULAR G. Community Development Department Requests That The Commission Approve The Recordation Of The Plat And Supplemental Covenants For Parkstone Unit 4. REGULAR H. Office Of The City Manager Presents To The Commission The Request Of The JDC Calhoun, Inc. (JDC) To Modify The Special Exception Approval Granted October 22, 2001, And Approve Design Conditions. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26. 2001 PAGE 28 OF 29 VIII. REPORTS REPORTS A. Cit)' Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Five - David W. McLeod REPOF,TS E. Commission Seat One - Robert S. Miller REPORTS F. Commission Seat Two - Michael S. Blake REPORTS G. Commission Seat Three - Edward Martinez, Jr. REPORTS H. Commission Seat Four - Cindy Gennell REPORTS I. Office Of The Mayor - Paul P. Partyka [SIGNATURE PAGE FOLLOWS] CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 2001 PAGE 29 OF 29 RESPECTFULLY SUBMITTED: j . I ! /"-- NZO-LUACES, CMC APPROVED: NOTE: Thl..se minutrs were approved at the December 10,2001 Regular City Commission Meeting.