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HomeMy WebLinkAbout2002 10 14 Consent H Unapproved Minutes from the August 26, 2002 City Commission Regular Meeting COMMISSION AGENDA ITEM H Consent X Informational Public Hearings Regular October 14. 2002 Regular Meeting Mgr. / Dept. Authorization CONSENT H. Office Of The City Clerk Requesting Approval Of The August 26, 2002 City Commission Regular Meeting Minutes. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 26, 2002 UNAPPROVED I. CALL TO ORDER The Regular Meeting of Monday, August 26, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:33 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. A Moment of Silence preceded the Pledge Of Allegiance. Agenda Changes were then discussed. Mayor Partyka stated, "I would like to propose a Special- 7:30 [a.m.] or 8:00 a.m. short service of memorial, where we - bring in the various Ministers of Religion throughout the City, get some people to say a few words, take about fifteen (15) or thirty (30) minutes in the beginning of the day and do that at the steps of City Hall." Deputy Mayor Cindy Gennell advised the Commission that "The VFW inquired a couple of weeks ago if the City was going to do anything and if the City wasn't, then they would like to - Mr. [Ronald W.] McLemore [City Manager] said we didn't have anything planned, so they have gone ahead with an 8:00 a.m. Ceremony at the VFW." Mayor Partyka suggested, "Maybe we could even get them involved here, because we could tie in a lot of other people - if that works out pretty easily. Is the Commission in favor of doing this?" Commissioner Edward Martinez, Jr. stated, "I second." Mayor Partyka then said, "All right. The Commission agrees, okay, thank you. We will get it all squared away, I will talk with Andrea [Lorenzo-Luaces, City Clerk] and with the City Manager, and with the VFW." Mayor Partyka then read a Proclamation into the record "Proclaiming that a General Municipal Election will be held." City Attorney Anthony A. Garganese arrived at 6:38 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26.2002 PAGE 2 OF 4\ PRESENTATIONS Mayor Partyka and Manager McLemore presented Employee Recognition Awards to the following City of Winter Springs employees: 5 Years Of Service: Ms. Elaine Curry, EMS/Firefighter, Fire Department; Mr. Daniel J. Kerr, Chief, Police Department; Ms. Michelle Kelly, Secretary, Community Development Department; Mr. Jay Jason Simpkins, Maintenance Worker, Public Works Department; Mr. Charles Atkinson, Jr., Service Technician, Utility Department. 10 Years of Service: Mr. Gary S. Coffman, Water Plant Operator, Utility Department; Mr. Christopher Deisler, Lieutenant, Police Department; Mr. Mike Hohnhorst, Firefighter/Paramedic, Fire Department; Mr. Roger Paynter, Wastewater Plant Operator, Utility Department; Mr. John Quinteros, Firefighter/Paramedic, Fire Department. 15 Years of Service: Mr. Joseph Riddick, Lieutenant, Police Department. 20 Years of Service: Mr. Donald Farnum, Maintenance Mechanic II, Public Works Department. Mayor Partyka then spoke of the recent Florida League of Cities Conference and informed those in attendance that Commissioner Michael S. Blake has just been elected to the Board of Directors. II. PUBLIC INPUT Mr. Walter Bogumil, 680 State Road 434 West, Winter Springs, Florida: handed out some documents and spoke of City Ordinance 2000-17 and signage along State Road 434; monument and pole signs; and asked that the related wording in the Ordinance "Not be enforced or that someone rethinks the language". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 3 OF 41 Deputy Mayor Gennell asked Mr. Bogumil, "Have you discussed this with the City Manager at all or with any of the Staff?" Mr. Bogumil said, "We had discussed this last year and our recommendation was that we pursue it with you folks." Deputy Mayor Gennell said, "Staff recommended that you handle it directly with us?" Mr. Bogumil said, "Yes, that's the idea. That's why I am here." Deputy Mayor Gennell then said, "I would prefer to see this handled through the City Manager's Office and then come to us." Manager McLemore stated, "There is nowhere for me to go on this one. You passed this policy. If you want to change your policy, that's fine. It's part of an Ordinance." Deputy Mayor Gennell then said, "That is fine if you don't have anywhere to go on it. It is just that generally when these kind of issues come up I would like to make sure they have gone through Staff and through your office before we try to micro-manage the situation. " Discussion. Mayor Partyka stated, "City Manager, any other final options at all that this person could pursue or is it done at this point in time?" Manager McLemore said, "I don't see how if you are going to maintain your Ordinance." Manager McLemore stated further, "The only option I could see - was if you wanted to extend the time limit again." Mayor Partyka suggested to Mr. Bogumil, "The current extension goes to November, so your best bet then is to see if you could make a case for an extension of that, and that would be your only case at this point in time - and that would have to be done by this entire Commission, so - you might want to do a letter writing campaign or something along those lines." Ms. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: stated her concerns with the City of Casselberry allowing only a ten foot (10') buffer between a proposed Church and the Ranchlands; and requested representation from the City Commission at the next City of Casselberry's Planning and Zoning Board Meeting on Wednesday, August 28th, 2002 at 6:30 p.m. Commissioner Martinez stated, "I suggested to her [Ms. Drebert] that she bring it up and let the City Manager maybe assign someone from Planning and Zoning to go and attend the Meeting and find out what is really happening there and come back and inform us so we can be better prepared to handle the issue if we need to." Commissioner Robert S. Miller agreed and said, "I think we need to send somebody from Staff over there, maybe even the City Manager and give us some kind of an idea at the next Commission Meeting that we have, as to what they are planning to do over there, especially if it is going to have an impact on the quality of life in the Ranchlands." Deputy Mayor Gennell advised Ms. Drebert that she would try to speak to the City of Casselberry representative who attends the next Council of Local Governments in Seminole County (CALNO) Meeting, and "Encourage them to listen to you all". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 4 OF 41 With further discussion, Commissioner Miller said that he would attend the next Casselberry meeting on Wednesday night and "Then I will talk to as many of the Commissioners that I can get a hold of at Casselberry, and I will give you a presentation - on what is going on." Deputy Mayor Gennell added, "We have gone out of our way and I will raise this issue with Casselberry when I have my meeting." Furthermore, Deputy Mayor Gennell said, "I would think: at the very least we can ask them to keep us updated with their public meetings on this so that at least by virtue of the paperwork and the plans that we are at least kept on board for the sake of the residents of our City." Manager McLemore stated, "I was going to suggest that you give me that direction - to send them a letter about the concerns of people not being heard, and that we be kept abreast of all these various meetings related to this matter." Deputy Mayor Gennell stated, "That's my Motion." Mayor Partyka stated, "I think: this Commission by consensus can do that. Any problems with this, Commission?" Commissioner Martinez stated, "No." Mayor Partyka stated, "Okay, you have got it - and then Commission Miller will be there also." Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: suggested to the Commission that some residents within Country Club Village believe that their own Association's budget could pay for the Streetlighting Assessment and added, "We would like to find out what direction we should take for the City to repeal this Ordinance". With discussion, Mayor Partyka stated, "The City Manager will give direction - with the help of the City Attorney and they will come up with a short letter that you can use." In other business, Mayor Partyka said to the City Commission, "With all of the delays that we have had in the past in terms of trying to finish the Agenda, we need to take some real practical steps here amongst ourselves. Number one is I would be willing to start setting or remind the Commission that as we get into an Item - call it fifteen (15) minutes, and then at the thirty (30) minutes mark - a reminder we need to close the discussion - that is one thing we could do. Another thing that we can do is set some limits on any kind of discussion that we are going to have and just say no more than fifteen (15) or twenty (20) minutes; and the third thing that we ought to consider doing truly, if we don't get through these Agendas, I truly believe we need to finish up these Meetings right away and maybe we have automatically a Meeting the very next day which would be tomorrow evening." Mayor Partyka then stated, "I will try to move this on, and remind the - people as we get to some of these Agenda Items, and if you come up with any other better ways of doing this, I will take that into account." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 5 OF 41 III. REGULAR - PART I (CONTINUED FROM THE JULY 22, 2002 REGULAR MEETING) REGULAR I. Finance Department Requesting The City Commission Grant The City Manager Approval To Enter Into An Agreement With MBIA MuniServices Company (MMC) For Revenue Enhancement Services Pertaining To The City's Property Tax Revenue. Ms. Louise Frangoul, Finance Department Director presented information pertaining to this Agenda Item. Discussion. In regards to the inventory of parcels within the City, Deputy Mayor Gennell asked, "Does that become our property then, that inventory?" Ms. Frangoul said, "I don't know." Deputy Mayor Gennell asked Attorney Garganese, "Anthony, shouldn't that become ours, if they are going to establish that inventory and the work they are doing for us?" Attorney Garganese stated, "It would all depend on what the Agreement says and I can't recall what it says on that point. Let me see if I can find some language." Deputy Mayor Gennell stated, "Well, before I vote on this I would like to know if that becomes our property when they are done. And the last thing - I had a question about - the time frame for completing this is 90 - 180 working days? So, can we put on our list of things here, 180 days out we can expect the results from this?" Ms. Frangoul said, "Yes." Mayor Partyka asked Attorney Garganese, "Do you have an answer to that question on the Contracts?" Attorney Garganese said, "MMC's Drafts, Notes, and Internal Memorandum shall become the property of the City upon termination of the Agreement, provided we pay of course." Tape I/Side B Commissioner Martinez suggested, "I would ask you to tell these people to use some caution - exercise some discretion when they are doing this here so we don't have a lot of problems out there." Ms. Frangoul stated, "Okay." Commissioner Blake then inquired, "Are they going to be looking at valuations or only physical features or classifications?" Ms. Frangoul stated, "I did not understand it to be valuations. I understood it to be parcels that should be in our City that are currently classified outside of the City and more importantly the Homestead Exemptions. That is where they seem to think the money is derived - individuals improperly claming a Homestead Exemption because this is not their primary property." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 6 OF 41 Commissioner Blake added, "What if somebody has a pool and it doesn't say there is a pool." Ms. Frangoul said, "There was no discussion about that so I didn't think it had anything to do with valuations. I don't think it did. There was no discussion in all the Agreements or our meeting with them regarding the valuation." Commissioner Blake then said, "I think some of these items are pretty important. I think the item most important is, are they going to look at my house and look at your house and look at the relative valuations and adjust one of them?" Ms. Frangoul said, "I don't believe so." Manager McLemore said, "They are not going to try to do appraisals." Commissioner Blake stated, "You will spend a lot more money than you will make going down that road and I just want to be sure that that is not what we are trying to do." Ms. Frangoul said, "There was no discussion about valuations. I understood it to be properties that were improperly classified as another jurisdiction and Homestead Exemptions." "I MAKE A MOTION TO DIRECT THE MANAGER TO ENTER INTO AN AGREEMENT WITH MBIA, FOR THE SERVICES LISTED IN ITEM 'I.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR J. Office Of The City Clerk Requests That Members Of The City Commission Make Four (4) Appointments To Replace Four (4) Advisory Board/Committee Members Who Have BeeD Removed From Several Of The City's Advisory BoardslCommittees As A Result Of Exceeding The Permitted Number Of Absences, In Accordance With The Code Of Ordinances. With brief discussion, Commissioner Miller stated, "I believe the City needs to reexamine its' current Ordinance wherein it says if somebody is on a Board and they miss three (3) meetings, they are not on that Board anymore." "I AM GOING TO REAPPOINT MOTI KHEMLANI TO THE TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT" ADVISORY COMMITTEE. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 7 OF 41 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka stated, "To follow up on your comments, Mr. Garganese is looking into the various Committees in terms of that very point. This Commission has acted on that." Attorney Garganese stated, "We already have a draft Ordinance to clarify all of that and 1 am working on it with the Clerk." Regarding additional Appointments, Commissioner Miller stated, "The Board of Adjustment - 1 will have that nominee at the next Meeting." Commissioner David W. McLeod stated, "1 will also have a nominee for the Board of Adjustment at the next Meeting. " REGULAR K. Office Of The City Clerk Requests That Commissioner Michael S. Blake Make An Appointment To The Beautification Of Winter Springs Board To Replace Board Member Dart Helgeson Who Has Resigned From Serving On The Beautification Of Winter Springs Board. Commissioner Blake stated, "1 will move to the next Meeting." IV. CONSENT - PART I (CONTINUED FROM THE AUGUST 12, 2002 REGULAR MEETING) CONSENT A. Police Department Requesting The Commission To Give Approval For The City Manager And Police Chief To Renew School Resource Officers Inter-Agency Agreement Between The City Of Winter Springs And Seminole County School Board. CONSENT D. Community Development Department Presents To The City Commission, The Final Engineering And Site Plan For The Highlands Apartments, Phase II. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 8 OF 41 CONSENT E. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The Seminole County/City Of Winter Springs Interlocal Agreement Community Development Block Grant Program. Program Year 2002-2003. CONSENT G. Public Works Department Requesting The City Commission Approve The Cost To Convert The Overhead Power Along Tuskawilla Road To Underground. CONSENT H. Office Of The Mayor Resolution Number 2002-27, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Dart Helgeson For Her Service On The Beautification Of Winter Springs Board. CONSENT I. Office Of The City Clerk Approval Of The July 22, 2002 City Commission Regular Meeting Minutes. Discussion ensued with Commissioner Martinez remarking about a Motion that he had made (shown on page 8 of the July 22, 2002 Meeting Minutes) - and that then another Motion was made and voted upon, and that this was improper. Mayor Partyka stated, "1 will have to review that." Deputy Mayor Gennell stated, "It was turned over to the City Attorney to bring us back the official recommendation as per Robert's Rules of Order and 1 actually have it here - 1 was going to bring it up under my Seat anyway - 1 can deal with it later; but it was not resolved, it was very unresolved." Commissioner Martinez added, "If you want to see the Motion, it was on page 6 of 26." With further discussion. Mayor Partyka added, "If there was something that was not quite in order okay - and we will move on. I will try to make sure it is not done again." CONSENT J. Office Of The City Clerk Approval Of The July 29, 2002 City Commission Special Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 9 OF 41 .:..:. AGENDA NOTE: THE VOTE ON THE ENTIRE CONSENT AGENDA - PART I WAS HAL TED, AS THE FOLLOWING CONSENT - PART I AGENDA ITEM WAS DISCUSSED INDIVIDUALLY AND THEN VOTED ON, AS DOCUMENTED. .:. .:. IV. CONSENT - PART I (CONTINUED FROM THE AUGUST 12, 2002 REGULAR MEETING) CONSENT D. Community Development Department Presents To The City Commission, The Final Engineering And Site Plan For The Highlands Apartments, Phase II. Deputy Mayor Gennell stated, "I am just not really comfortable putting these Final Engineering and Site Plans under Consent; I would rather have them on a Regular Agenda I think. They are far too detailed and complex to go through that easy." Mayor Partyka stated, "Commissioner Gennell has taken 'D' off the Consent Agenda." With further discussion, Deputy Mayor Gennell added, "Generally I prefer to look at a copy of their Covenants and Restrictions and that is not a part of this packet." "I WOULD MOVE THAT WE DIFFER THIS TO THE NEXT AGENDA - NEXT REGULAR AGENDA." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE REMAINDER OF THE CONSENT AGENDA - PART I WAS NEXT VOTED ON, AS DOCUMENTED. .:..:. IV. CONSENT - PART I (CONTINUED FROM THE AUGUST 12, 2002 REGULAR MEETING) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 100F41 CONSENT A. Police Department Requesting The Commission To Give Approval For The City Manager And Police Chief To Renew School Resource Officers Inter-Agency Agreement Between The City Of Winter Springs And Seminole County School Board. CONSENT E. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The Seminole County/City Of Winter Springs Interlocal Agreement Community Development Block Grant Program. Program Year 2002-2003. CONSENT G. Public Works Department Requesting The City Commission Approve The Cost To Convert The Overhead Power Along Tuskawilla Road To Underground. CONSENT H. Office Of The Mayor Resolution Number 2002-27, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Dart Helgeson For Her Service On The Beautification Of Winter Springs Board. CONSENT I. Office Of The City Clerk Approval Of The July 22, 2002 City Commission Regular Meeting Minutes. CONSENT J. Office Of The City Clerk Approval Of The July 29, 2002 City Commission Special Meeting Minutes. Mayor Partyka asked, "On the rest of the Consent Agenda, I need a Motion to approve." "SO MOVED WITH THE EXCEPTION OF ITEM - 'D.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE II OF 41 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING TWO INFORMATIONAL - PART I AGENDA ITEMS WERE DISCUSSED TOGETHER AND THEN VOTED ON, AS NOTED. .:..:. v. INFORMATIONAL - PART I (CONTINUED FROM THE AUGUST 12,2002 REGULAR MEETING) INFORMATIONAL D. Parks And Recreation Department Notifying The City Commission That Staff Is Applying For A Florida Recreational Development Assistance Program Grant For The Central Winds Park Improvements. INFORMATIONAL E. Parks And Recreation Department Notifying The City Commission That Staff Is Applying For Recreational Development Assistance Program Grant For The Central Winds Park Expansion. Commissioner McLeod asked, "We have a list here of what they are asking for and my question is, have we all agreed that this is exactly what is going in that park now? Soccer practice fields, Football practice, Baseball practice; 2, 2, 2, and 2, and the park entry road, the landscaping, signage, and lighting?" Manager McLemore said, "You have accepted a Conceptual Plan. We do not have detailed engineering drawings at this point in time and they are in the process of being developed." Commissioner McLeod then said, "But I think there were a lot of questions of that Conceptual Plan. Now my question is once we sign off on this and the Grant is going forward, and it comes back to us and we find out that some of the other elements should have been in there - I don't know if we totally signed off on that thing Ron [McLemore]. I don't remember totally signing off on it." Manager McLemore said, "I think the issue with these was they were time sensitive as far as getting them in." Commissioner McLeod said, "I understand that but everything becomes time sensitive up here. What I am afraid of is signing off on this thing and it becomes - 'Fellows, I am sorry but that is the way it is going to be. We can't do anything else. We put in for the Grant, that is what the money is there for, and that is all we can do' - I would really like to see the Agenda Item come back to us when we have signed off on the Conceptual because there were a lot of questions if I remember right on CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 12 OF 41 the Conceptual, with the entrance the way it was coming in; the amount of money it was costing; the drive around it. There were a lot of things that were still up in the air if I remember right, and it was coming back to us. Can you tell me that if we sign off on this, and it goes up for the Grant and the Grant money is awarded, that we will be able to change anything?" Manager McLemore said, "In my opinion based on what I know, you have a fair amount of flexibility, but you also have a fair amount of time before this is going to come back to us; so we can bring the Plan back to you at the next Meeting and still go ahead and submit this and let it be processing through." Mayor Partyka said, "It says here September 13th is the close of the submission period. So if we have our Meeting in September, does that make it?" Manager McLemore said, "It doesn't make any difference. You have got weeks after that, after it's submitted, to amend that Grant; so we can just bring the Plan back to you at the next Meeting and let you look at it and see if there is anything you want to change." Commissioner McLeod added, "I think the same thing holds true somewhat of 'D' and 'E' both here. 1 think my problem here would be Ron [McLemore], that I would be willing to approve it under the condition that this thing is brought back to us within thirty (30) days, this Conceptual - and we get this Park over here in front of us, and we get it resolved rather than it becoming an issue that - 'I am sorry Commissioners, we got the Grant, the Grant did go through, the only way we're getting the money is if we do it this way. You guys all approved this and this is how we moved forward, because I don't feel that I have approved that Park yet myself.''' Manager McLemore said, "We'll bring it back to you at the next Meeting with the Minutes of what has happened to date." Commissioner McLeod added, "I think we need to approve it on a separate basis, both of them." Manager McLemore stated, "Just approve it as a separate item." Mayor Partyka said, "Okay, we can do that." Discussion. "I WOULD LIKE TO MAKE A MOTION REGARDING 'D' AND 'E,' THAT WE CONTINUE TO MOVE FORWARD WITH THE GRANTS; HOWEVER THE CITY MANAGER WILL BRING BACK TO US WITHIN THE NEXT THIRTY (30) DAYS, THE INFORMATION REGARDING WHERE WE ARE TODAY ON THE FINALIZATION OF WHAT WE ARE GOING TO DO WITH THESE PARKS." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 13 OF 41 .:..:. AGENDA NOTE: THE INFORMATIONAL AGENDA - PART I WAS DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER AS DOCUMENTED. .:. .:. v. INFORMATIONAL - PART I (CONTINUED FROM THE AUGUST 12,2002 REGULAR MEETING) INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. IN FORMA TIONAL B. Public Works Department Updating The City Commission On The Status Of The Town Center Roads Project. Discussion on this matter developed with Manager McLemore and Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director. Commissioner Blake said, "We have made some, I believe, Contractual Agreements with other parties on a time frame as to when the roads are going to be available, and I am a little concerned as to whether or not we have some liability there at this point in time." Commissioner Blake stated further, "I do recall making an Agreement that these roads would be up and operating at a certain point in time." Commissioner Martinez said, "Doran keeps talking about the fact that there was a contract date and that apparently isn't going to be met and there are going to be losses incurred. When you start talking about losses, it sort of infers that you may be looking to come back at us to make up those losses. I don't know if that is the case and this is why I am bringing it up, to find out what is going on." Manager McLemore spoke of weather and other conditions and said, "You look at it in totality and my intent is to deliver the roads in time for them to open and move it along as fast as we can considering weather and other conditions - we are on the Contractor almost daily." Commissioner Martinez asked Attorney Garganese, "Are we on safe ground?" Attorney Garganese responded, "I don't know what the status is on the Road Project so I can't answer that question." Commissioner Martinez asked, "Could you find out and let us know?" Attorney Garganese said, "I will look into it and get with Kip [Lockcuff, Public Works/Utility Department Director]." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 140F4I Commissioner McLeod asked Mr. Lockcuff, "Do you feel he has enough manpower out there and equipment to do what he says he is going to get done?" Mr. Lockcuff stated, "Barely." Commissioner McLeod added, "That is the real issue." With additional discussion, Commissioner McLeod stated, "We should have a week or two (2) extra here - to try and correct some of these things Commissioners." INFORMATIONAL C. Finance Department Informing The Commission That The Pension Board Of Trustees Has Elected To Go Out For RFP For Investment Management Services For The Defined Benefit Pension Plan. INFORMATIONAL F. Finance Department Requests The City Commission Review Information Regarding The Outstanding Amounts Owed On The Medical Transport Vehicles. REVISED INFORMATIONAL G. Office Of The City Clerk Requests The City Commission Review This (Revised) Agenda Item For Information Regarding Some Of The Preliminary Details And Dates Pertaining To The November 5, 2002 Municipal Election, Including The Submittal Of Qualifying Packet Documents. INFORMATIONAL H. Office Of The City Clerk Informing The City Commission Of Normal Practices Related To Code Enforcement Board "Findings Of Fact" And "Relief Orders" And How Violators Are Notified By The City Of Winter Springs. INFORMATIONAL I. Information Services Department Wishes To Provide Information To The Commission About A Printer Purchased For The Building Department. INFORMATIONAL J. Finance Department Requests The City Commission Review Information Regarding The Form Of City Payment For The US 17-92 Redevelopment Charge. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 15 OF 41 INFORMATIONAL K. Community Development Department Requests The City Commission Consider Information About The Avery Park Architectural Review Board (ARB). Mayor Partyka said, "I need a Motion to approve the Informational Agenda - minus those two (2) items." "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VI. PUBLIC HEARINGS - PART I (CONTINUED FROM THE AUGUST 12, 2002 REGULAR MEETING) PUBLIC HEARINGS B. Office Of The City Attorney/Office Of The City Manager Request That The City Commission Consider First Reading Of Ordinance Number 2002-24 Amending Chapter 10 Of The City Code To Exempt Non-Commercial Solicitors From The Permitting Requirements For Solicitations Conducted In The City And Establish Criteria To Grant, Deny And Revoke Solicitation Permits. "MOTION TO MOVE IT TO READ BY 'TITLE' ONLY." MOTION. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26. 2002 PAGE160F41 Attorney Garganese read the Ordinance by "Title" and added, "I am recommending that we amend the current City Code to take into account this new u.s. Supreme Court case and while I was in the process of amending the Code; I also recommend amending subparagraph (b) and adding a subparagraph (c) which would set forth application requirements for commercial solicitors and also set forth the standards by which the City Manager will deny or approve permits for commercial solicitation." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion. "MOTION TO MOVE COMMISSIONER BLAKE. DISCUSSION. TO SECOND READING." MOTION BY SECONDED BY COMMISSIONER MARTINEZ. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS C. Office Of The City Attorney Requesting The City Commission Consider An Ordinance To Amend Section 2-87. Of The City Code Relating To The Candidate Qualification Period. Attorney Garganese introduced the proposed Ordinance 2002-25 and related Agenda Item and explained, "The issue was presented to me by the City Clerk regarding the Qualifying period, because as the Code is currently written - the end of Qualifying can occur on a weekend, and the Code is currently not clear what happens when that occurs - does the City Clerk have to be open for Qualifying on the weekend; or can we just cut off Qualifying on the Friday before, or do we have to open up the day after the end of the weekend on a Monday? So the purpose of this Ordinance was to clarify the Qualifying period." With further discussion, Attorney Garganese stated, "My recommendation to the Clerk is since Qualifying ends on a Sunday, our recommendation is to be open on a Sunday to accept any late filings as the Code currently reads." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE I70F4I Deputy Mayor Gennell stated, "Historically, we already have a precedent for the way we have done it, it has been Monday through Friday. Now if we want to entertain changing it, I suggest we wait until another Meeting or two (2) - because the sense of urgency to do it - we passed that when we skipped over this other Meeting. There is no time to accomplish this right now; there is not enough time for the two (2) Readings that it would take. The letter from Sandra Goard has to do with her preparation of absentee ballots to go overseas and we don't have time to accomplish it for that either, but we would be able to address this after the Qualifying Period." Further, Deputy Mayor Gennell pointed out that "We are not the only City that is going to have a problem; all the other cities have a time frame that - goes beyond September the 11 th which is when Sandy Goard needs the information in her office, so all of the cities are going to have to change their Qualifying periods to correspond with Sandra Goard's requirement. My suggestion is to move this Agenda Item on to a period in late September." "I MAKE A MOTION TO TABLE ITEM 'c' UNTIL THE DATE CERTAIN WHICH - LET'S MAKE IT - MOTION TO POSTPONE - UNTIL A DATE CERTAIN IN SEPTEMBER OR MAYBE EVEN OCTOBER MIGHT BE BETTER - THE FIRST MEETING IN OCTOBER." MOTION. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. Commissioner Blake asked, "Could somebody please clarify whether or not City Hall will be open on September 15th until five o'clock to receive paperwork for running for Election?" Mayor Partyka said, "City Attorney is recommending that it stay open. Is that right City Attorney?" Attorney Garganese said, "Yes, just on the Sunday, which is the last day of Qualifying." Deputy Mayor Gennell said, "Under what you approved, under the Informational Agenda, the last day City Hall is open during this Qualifying Period would be September 13th. That is the way we have done it historically in the City." Attorney Garganese stated, "The way I read the Informational Agenda. Item is that language is just tentative until such time as the Commission considered this Ordinance. My recommendation is my recommendation. Whatever the Commission wants to do is fine but because the last day does fall on a Sunday, someone may hold back until the last day and show up because our Code specifically says the I st through the 15th. They may show up on the 15th thinking they had that time and realized you cut Qualifying off two CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 18 OF 41 (2) days before. So in an abundance of caution, my recommendation is that you be open on the last day, not necessarily the Saturday, but be open on that last day." Tape 2/Side A Discussion. Commissioner Blake suggested, "I think we do need to alter our Ordinance and make it more clear, and I think Casselberry's language - where they discuss the first full week within September, Monday through Friday which doesn't mess with the dates, but a well defined day." Commissioner Martinez added, "I would ask this Commission to exercise caution. " "I MAKE A MOTION TO SET THE CLOSE OF QUALIFYING FOR THE 2002 GENERAL ELECTION AT CLOSE OF BUSINESS FIVE O'CLOCK P.M. FRIDAY, SEPTEMBER 13TH, 2002, RECOGNIZING THAT THE NORMAL DATE - SEPTEMBER 15TH, 2002 WOULD FALL ON A WEEKEND." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "It closes on Friday, at five o'clock." Attorney Garganese suggested that, "You may want to post on the internet site that Qualifying is going to close at 5:00 p.m. on Friday. You may want to do what Altamonte Springs has done in the past according to the Clerk's Memo, publish a notice in the newspaper advising people that Qualifying will be closing at 5 :00 p.m. on Friday; and you may want to post on a big sign out in front of City Hall that the Qualifying period will be closing 5 :00 p.m. on Friday, the 13th." Commissioner Martinez added, "If I may, I think that internet message should be on every day from now to the 13th." Attorney Garganese added, "Post it wherever you can post it." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR - PART II AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 19 OF 41 VII. REGULAR - PART II (CONTINUED FROM THE AUGUST 12, 2002 REGULAR MEETING) REGULAR D. Finance Department Requesting The City Commission Establish Dates For Budget Workshops In The Month Of August And September 2002. With discussion, the Commission agreed to hold Budget Workshops on Wednesday, August 28, 2002 at 5:30 p.m.; Thursday, August 29,2002 at 7:30 p.m.; and Wednesday, September 4,2002 at 5:30 p.m. In a related note regarding September the 4th, Mayor Partyka stated, "At 7:45, I am doing a State of the City Address with all the other Mayors at the PBAS Breakfast, so you are all invited - that is Wednesday morning at 7:45 a.m. - at Rolling Hills Golf Club." Additional Budget Workshops were also set by the City Commission for Tuesday, September 10th and Monday, September the 16th at 6:00 p.m., ifthey are needed. Mayor Partyka then reviewed the selected dates as "August the 28th at 5:30 [p.m.]; then August the 29th at 7:30 [p.m.]; September the 4th at 5:30 [p.m.]; September the 10th at 6:00 [p.m.] and September the 16th at 6:00 [p.m.]" REGULAR A. Office Of The City Manager Requests The City Commission Schedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Accessory Buildings And Detached Garages (Ordinance 2002-14). After discussion, the Commission agreed to hold a Workshop on Tuesday, September 24, 2002 at 6:00 p.m. to address Ordinance 2002-14. REGULAR B. Office Of The City Manager Requests That The City Commission Make An Appointment To The Metroplan Orlando Citizens' Advisory Committee, To Replace Mr. Robert J. Lochrane, P.E. Who Has Recently Resigned. Deputy Mayor Gennell informed the Commission, "I have two (2) individuals that would be qualified. If nobody has anybody here I will approach them between now and the next Meeting." Mayor Partyka stated, "That would be fine, anybody else then? Maybe it gives time for anybody else too." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 20 OF 41 REGULAR C. Office Of The City Clerk Requests That The City Commission Decide On The Following: An Appointment To The Code Enforcement Board To Replace A Member Of The Code Enforcement Board Who Recently Resigned; An Appointment/Reappointment Related To The Term Of Office Of A Member Of The Code Enforcement Board Whose Term Expired In July 2002; And An Appointment To The Oak Forest Wall And Beautification District Advisory Committee, Related To A Member Whose Term Of Office Will Be Expiring In August 2002. "MAYOR, ON THE CODE ENFORCEMENT BOARD, I WOULD LIKE TO - MAKE A MOTION TO APPOINT JERRY ROSS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. "I WOULD LIKE TO GO AHEAD AND APPOINT LURENE L YZEN." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka said, "The Oak Forest Wall and Beautification District Advisory Committee vacancy. Commissioner McLeod?" "LORIE TAYLOR. I SPOKE TO LORIE TODAY AGAIN ON THIS ISSUE AND SHE WOULD BE MORE THAN HAPPY TO SERVE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 21 OF 41 Mayor Partyka recessed the Meeting at 8:33 p.m. The Meeting reconvened at 8:52 p.m. .:. .:. AGENDA NOTE: THE COMMISSION AGAIN DISCUSSED PUBLIC HEARINGS - PART I, AGENDA ITEM "c." .:..:. VI. PUBLIC HEARINGS - PART I (CONTINUED FROM THE AUGUST 12, 2002 REGULAR MEETING) PUBLIC HEARINGS C. Office Of The City Attorney Requesting The City Commission Consider An Ordinance To Amend Section 2-87. Of The City Code Relating To The Candidate Qualification Period. "I MOVE TO ASK THE COMMISSION TO RECONSIDER THE DATE FOR QUALIFICATION IN LEAVING CITY HALL OPEN - SO I MOVE THAT WE RECONSIDER - THE MOTION TO CLOSE QUALIFYING ON FRIDAY THE 13TH." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE STATED, "I JUST WANTED TO MAKE SURE THAT IT IS CLEAR AT LEAST FROM MY SEAT, THAT I HAD NO DISCUSSIONS WITH ANYBODY ON THIS DURING THE BREAK; AND I AM SURE EVERYBODY ELSE DIDN'T EITHER BUT YOU MIGHT WANT TO JUST SAY SO TO BE SURE THAT THERE IS NO QUESTION." DEPUTY MAYOR GENNELL STATED, "I DID NOT." COMMISSIONER MARTINEZ STATED, "I JUST WANT TO STATE ON THE RECORD I WOULD NOT HONOR THOSE COMMENTS WITH A RESPONSE SO I AM NOT GOING TO SAY ANYTHING." MAYOR PARTYKA STATED, "CALL THE VOTE - THIS IS TO RECONSIDER." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 22 OF 41 WITH FURTHER BRIEF DISCUSSION, COMMISSIONER McLEOD STATED, "MAYOR, I WOULD LIKE TO RECONSIDER MY VOTE AS AN AYE." REVISED AND FINAL VOTE: COMMISSIONER McLEOD: AYE (REVISED VOTE) COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "I MOVE THAT ON THE ATTORNEY'S ADVICE, THAT WE KEEP CITY HALL OPEN ON THE 15TH THEN THAT WAY ENABLE ANYBODY TO COME IN ON THE DATE STATED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO BE THE CLOSE OF BUSINESS MONDAY, SEPTEMBER 16TH." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND. VOTE (ON THE MAIN MOTION): DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka stated, "It is 5:00 p.m. on Sunday, as the last day." .:. .:. AGENDA NOTE: THE COMMISSION RECONVENED DISCUSSION OF REGULAR - PART II AGENDA ITEMS. .:. .:. VII. REGULAR - PART II (CONTINUED FROM THE AUGUST 12, 2002 REGULAR MEETING) REGULAR E. Office Of The City Manager Requesting Commission Direction Relative To The Use Of The Senior Citizen Center For Political Activities. Manager McLemore introduced this Agenda Item and stated, "My feeling was that you review this issue, if you want to make any changes and direct us to review this - it is a CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 23 OF 41 good time for us t~ look at them and see if we want to make any rules, changes - other set of rules, give some direction, and that we bring back finally a set of rules for you for adoption by Resolution." Discussion ensued on recent political events held at the Senior Citizens Center; whether fees should be charged; and whether the Civic Center and/or the Senior Citizens Center should be available for political events. Commissioner Martinez spoke for the record about an event held on August 1 sl and related rules and regulations. Commissioner Blake stated, "This situation here, I absolutely think that this group should have to pay to rent the facility. It does not qualify under what really doesn't appear to be a rule at all but just something that was written on a study some fifteen (15) years or so ago, ten (10) years ago, by an employee who is long gone. So I think we probably need to review these things." Tape 2/Side B Commissioner McLeod stated, "I do believe there should have been a fee charged. I do believe probably a different method should have been gone about to secure the premises for whatever that is." Commissioner McLeod suggested that "The Manager come forth with a Resolution that gives us guidance as to how that Center will be used." Commissioner McLeod stated further, "I think Mr. McLemore, you just need to bring this thing back to us with the procedure that needs to be put in place - how this thing is going to be operated, and the fee structure of how it is going to be fee'd, and make it a Resolution and we no longer have a problem." Deputy Mayor Gennell inquired about proof of insurance and asked if "The Ordinance that we are in the process of passing right now about soliciting, the luncheons that Commissioner Blake mentioned and which I have raised here in the past myself, every one of those presentations is solicitation. Are those people going to the Senior Center with a captive audience at large, going to be subject to our Solicitation Ordinance? You can just think about it and bring it back to us Anthony [Garganese]." Commissioner Martinez spoke for the record about a previous political event and added, "The record will show that these rules do exist and they are in place to protect not only the City but the Senior Citizens Center." Commissioner Martinez added, "There was a clear violation here, an abuse of power and I am asking the Commission to make sure that this does not occur again." Commissioner Miller said, "If the City Manager will bring this Item back to us with some clear guidance as to what the future rules and regulations governing the use of that facility would be - I think that will probably put this issue to rest." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE240F41 "I WOULD LIKE TO DIRECT THE STAFF TO REVIEW THE RULES AND RETURN THE RULES WITH ANY RECOMMENDATION, CHANGES, TO THE COMMISSION FOR THE ADOPTION BY RESOLUTION; AND ALSO TO TAKE A LOOK AT ANY FEE STRUCTURES - AND ALSO DEFINITELY LOOK AT THIS THING FROM THE UTILIZATION OF POLITICAL ACTIVITES; AND IN DOING THAT I WOULD PLEASE ADVISE YOU TO CHECK WITH OTHER COMMUNITIES TO SEE WHAT IS DONE IN THEIR SENIOR CENTERS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR F. Office Of The City Manager Requesting The Mayor And City Commission To Appoint Members To The Arbor Ordinance Review Committee. COMMISSIONER MILLER STATED, "I WOULD LIKE TO NOMINATE GARY DILLER." COMMISSIONER BLAKE NOMINATED, "MARSHALL ALLEN." COMMISSIONER MARTINEZ STATED, "THAT WAS MY APPOINTEE - SO NOW I AM GOING TO HAVE TO WAfT AND GET SOMEBODY ELSE." DEPUTY MAYOR GENNELL NOMINATED, "CAROL FOTTLER." COMMISSIONER McLEOD NOMINATED, "DARCY MEAGHER." MAYOR PARTYKA SAID, "I WILL APPOINT BRIAN OLIVER." WITH BRIEF DISCUSSION, MANAGER McLEMORE STATED, "I WILL WAIT UNTIL THE NEXT MEETING AND COME UP WITH A COUPLE OF NAMES." MOTION. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE250F41 VOTE: DEPUTY MAYOR GENNELLL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR G. Office Of The City Manager Requesting The City Commission To Decide Issues Related To The City Managers Annual Review. Manager McLemore suggested moving this Item to later in the Agenda. With further discussion on when this Agenda Item would be discussed, Commissioner McLeod stated, "Let's get to it - by 10:30 [p.m.], I plan being out of here by 11 :00 [p.m.]." .:..:. AGENDA NOTE: DISCUSSED NEXT. .:..:. THE FOLLOWING AGENDA ITEMS WERE VIII. CONSENT - PART II (NEW AGENDA ITEMS FOR THIS MEETING) CONSENT A. Fire Department Requesting Authorization To Enter Into Contract With Advanced Data Processing (ADP) For Emergency Medical Transport Billing Services. Mayor Partyka asked, "Is there a Motion to approve?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 26 OF 41 IX. INFORMATIONAL - PART II (NEW AGENDA ITEMS FOR THIS MEETING) INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Deputy Mayor Gennell inquired, "Under Avery Park, this one here says construction continues, but the previous one says the developer is investigating the possibility of cantilevering the wall of a proposed domicile in lot 18 over the property line and into the air space above the common upland area adjacent to, and associated with the stormwater pond - is that something we normally allow?" Manager McLemore stated, "I really don't know the answer to that." Deputy Mayor Gennell then stated, "The [State Road] 434 Improvements Project, there is just no additional information - can't we have a status here?" Manager McLemore remarked that, "Typically if there has been no progress made since the prior report we don't repeat it." Deputy Mayor Gennell then said, "But a lot of these are duplicated from the previous one; and this particular one here appears to be duplicated with - no additional information. And I just think at least, if this is to be a - status of the current planning projects, I would like to see 'The status,' whatever the last status was." Manager McLemore said, "Okay." With discussion, Commissioner Blake suggested, "If perhaps they just put the date on each one of these, when they last altered what is on here, then we would know if we are looking at something that is three (3) months old or three (3) days old." Deputy Mayor Gennell again referred to Avery Park and spoke of the "Cantilevering a wall over the airspace above the common upland area of a stormwater pond - is that going to come in front of us before they are allowed to do that?" Mr. Lockcuff stated, "We will report at the next Meeting on it." Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department stated, "It would have to come to you since you are the DRC [Development Review Committee] - the Town Center." INFORMATIONAL B. Office Of The City Manager Informing The City Commission That The City Of Winter Springs Is Receiving The "Award Of Financial Reporting Achievement" From The Government Finance Officers Association In Coordination With The Efforts Of Louise Frangoul, Finance Director. Mayor Partyka said, "I think we need to make a Motion to move this on." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 27 OF 41 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. x. PUBLIC HEARINGS - PART II (NEW AGENDA ITEMS FOR THIS MEETING) PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-26 That Would Annex A 3.00 Acre Parcel, Owned By Mr. Chanh Nguyen. Mayor Partyka asked, "Is there a Motion to read by 'Title?'" MOTION TO APPROVE. MOTION. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MAYOR PARTYKA ADDED, "COMMISSIONER BLAKE MADE THE MOTION. SECONDED BY COMMISSIONER MARTINEZ. CALL THE VOTE PLEASE." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 28 OF 41 "I MAKE A MOTION TO APPROVE - TO SECOND READING." MOTION. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS B. Finance Department Requesting The City Commission Hold A Public Hearing On The Non-Ad Valorem Tax Assessment For Streetlighting Within The Country Club Village Subdivision And Provide Directions As Deemed Appropriate. Brief discussion. "MOTION TO TABLE THIS UNTIL STAFF CAN GET US A COpy OF THE AGENDA PACKET." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. XI. REGULAR - PART III (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR A. Community Development Department Recommends Denial Of A Request For An After-The-Fact Variance By Richard Grimes From Sections 6-2., 6-3., 6-4., And 20-103. Of The City Code Of Ordinances, To Allow His Porch To Encroach 10 Feet Into The 20 Foot Rear Building Setback At The Rear Of The House. Mr. Baker introduced the Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 29 OF 41 Mr. Richard Grimes, 1622 Fox Glen Court, Winter Springs, Florida: addressed the Commission and spoke of his request for a Variance. Tape 3/Side A Discussion developed on screened enclosures; setbacks; and the possibility of installing a pool on the property. Commissioner Blake read from the City's Code of Ordinances and stated, "The solution is get a pool. That is my opinion." Further discussion. Commissioner Blake stated "Point of Order" and further spoke about pools. Commissioner McLeod spoke to Mr. Dennis Franklin, Building Official, Community Development Department about problem contractors and what should be done. Commissioner McLeod stated, "If we have significant information that shows - several times this has gone on through the years - Mr. Grimes could write that, you can also support it and it would carry an awful lot of weight by you supporting it, going to Tallahassee." Furthermore, Commissioner McLeod pointed out, "He is a licensed Contractor by the State of Florida, and you as a Building Official can definitely go after his license - and so can you sir [Mr. Grimes], and I would highly recommend you do that." Mr. Grimes explained that, "With Mr. Franklin's assistance, we did write and fill out a large form and sent it off to Tallahassee but we have not gotten a response back." In regards to the Contractor, Commissioner Martinez asked Mr. Franklin, "Don't you have grounds to stop him from performing within the City of Winter Springs?" Mr. Franklin said, "I believe the Statute gives the authority to the Building Official to suspend his permitting privileges in the City until he clears up all his violations." Commissioner Martinez added, "That would be you. Thank you very much. I await your response." Mr. Franklin stated, "I would probably like a little bit of guidance from the City Attorney on that; but I believe that's a fact, we can work on that I guess." Attorney Garganese stated, "That is an issue for another - time and place right now." "I WOULD LIKE TO MAKE A MOTION TO DENY THE REQUEST FOR A VARIANCE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 30 OF 41 "I WOULD LIKE TO MAKE A MOTION THAT THIS COMMISSION FINDS THAT THE STRUCTURE AT - FOX GLEN, CHELSEA PARK, LOT 118, BE DEEMED TO BE A SCREENED ENCLOSURE UNDER SECTION 6-211. OF OUR CITY CODES, IF IN FACT IT IS FOUND TO CONTAIN A POOL AS DEFINED ALSO IN SECTION 6-211. IN OUR CITY CODES." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. MANAGER McLEMORE SAID, "WE NEED A PERIOD OF TIME BY WHICH WE BRING THIS TO CONCLUSION." COMMISSIONER MARTINEZ ADDED, "AS THE GENTLEMAN HIMSELF POINTED OUT, I THINK THIS CODE NEEDS TO BE REVISED. THERE HAS TO BE CHANGES TO ALLOW FOR SOME OF THESE THINGS NOT TO HAPPEN AGAIN." ATTORNEY GARGANESE ASKED, "IS THIS A CODE PROBLEM THAT SHOULD BE ADDRESSED BY AMENDING THE CODE TO MAKE IT MAKE MORE SENSE?" DEPUTY MAYOR GENNELL STATED, "YES." COMMISSIONER MARTINEZ STATED, "YES." COMMISSIONER BLAKE STATED, "YES." COMMISSIONER BLAKE ADDED, "WITHIN A CERTAIN PERIOD OF TIME, HE WILL HAVE TO GET SOME INSPECTION FROM THE CITY THAT SAYS THAT IT IS A POOL ENCLOSURE ACCORDING TO OUR FINDINGS, BUT IT HAS TO HAVE A POOL IN THERE IN ORDER TO DO THAT." ATTORNEY GARGANESE ADDED, "IS THERE A MORE FUNDAMENTAL PROBLEM WITH THE CODE..." COMMISSIONER BLAKE STATED, "...ABSOLUTELY..." ATTORNEY GARGANESE CONTINUED, "...THAT NEEDS TO BE ADDRESSED." COMMISSIONER BLAKE THEN SUGGESTED, "SO WHAT YOU ARE RECOMMENDING IS INSTEAD OF THAT MOTION IS THAT WE - GRANT SOME SORT OF A STAY ON ANY ACTION AGAINST HIM DURING THE TIME FRAME THAT WE READDRESS THE CODE?" ATTORNEY GARGANESE STATED, "THAT IS ANOTHER WAY TO DO IT." COMMISSIONER MARTINEZ SAID, "YES." MANAGER McLEMORE STATED, "THAT IS A BETTER WAY TO DO IT." COMMISSIONER BLAKE ADDED, "I WOULD GO FOR THAT." FURTHER, COMMISSIONER BLAKE SAID, "BUT IF WE DO THAT, THEN THE GENTLEMAN IS STILL AT RISK BECAUSE THERE IS NO GUARANTEE AS TO WHAT LAW MIGHT BE PASSED, IF ANY, AT ALL. SO IF WE COULD DO THAT AND DO THIS AS WELL, THEN THAT GENTLEMAN COULD GO HOME SLEEPING BETTER." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 31 OF41 MANAGER McLEMORE STATED, "ADMINISTRATIVELY, HERE IS WHAT WE ARE GOING TO DO. BASED ON YOUR FINDINGS, THIS IS NOT A VARIANCE. WE ARE NOT GOING TO PURSUE THIS AGAINST HIM AS FAR AS MAKING HIM TEAR IT DOWN OR ANY PENAL TIES OR ANYTHING OF THAT NATURE. WE ARE GOING TO BRING A CODE AMENDMENT AT THE NEXT MEETING IF POSSIBLE. THEN IF THAT CODE AMENDMENT DOES NOT PASS, THEN WE ARE COMING AFTER YOU - UNLESS YOU HAVE A POOL." "I WOULD LIKE TO MAKE AN AMENDMENT THAT WE GIVE THE GENTLEMAN 120 DAYS TO COME INTO COMPLIANCE, IN OTHER WORDS THERE WOULD BE A POOL ON THE PREMISES." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE (ON THE AMENDMENT): DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. VOTE (ON THE MAIN MOTION, AS AMENDED): COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "City Attorney, what is your suggestion in terms of what ought to be done next from this - in terms of the major Code?" Attorney Garganese suggested, "I think that the Commission should amend the Code to permit screened enclosures within - the rear setback regardless of whether you have a pool or not." Commissioner Blake stated, "So, it would just amend the definition of screen enclosure in Section 6-211.?" Attorney Garganese stated, "Unfortunately, that Section is just pertaining to - it is the Pool Code..." Manager McLemore suggested, "... You need to direct Staff to bring it back. . ." Attorney Garganese added, "... We will bring back an Ordinance that is going to apply - in all situations." Mayor Partyka stated, "Does this Commission agree with all that? Come back - okay, you have it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 32 OF 41 Mayor Partyka then said to Mr. Grimes, "From your standpoint, you have 120 days to rectify this problem. Now, what the City Attorney is saying here and this Commission has agreed is that during the 120 days, preferably within the next two (2) weeks, we will have some kind of Code improvement to this issue. If that happens within your 120 days, then you do not have to do anything else." .:. .:. AGENDA NOTE: THE COMMISSION AGAIN DISCUSSED REGULAR - PART II AGENDA ITEM "G". .:..:. VII. REGULAR - PART II (CONTINUED FROM THE AUGUST 12, 2002 REGULAR MEETING) REGULAR G. Office Of The City Manager Requesting The City Commission To Decide Issues Related To The City Managers Annual Review. Deputy Mayor Gennell suggested, "I would like for the Commission to agree that the Wednesday, 28th of August Meeting this week, the 5:30 [p.m.] Meeting, be designated as - a Special Meeting - so that we can carry over business instead of it just being a Workshop. We can do this and then go into the Workshop." Commissioner Miller stated, "Second." Mayor Partyka stated, "We are all agreeing to it, right Commission?" Commissioner Blake stated, "I agree." Commissioner McLeod stated, "I agree." Deputy Mayor Gennell stated, "Special Meeting." Mayor Partyka then added, "Special Meeting is duly noted." Mayor Partyka stated, "It is twenty of eleven. At the request of Commissioner McLeod and agreed to by this Commission, we are to talk about the City Manager's Performance." Commissioner McLeod stated, "If we are going to continue this on Wednesday, I have no problem allowing us to step out of the Manager's pay - until Wednesday, and have the people that are here be heard. I would prefer to do that." Manager McLemore stated, "I don't have any problem with that." Mayor Partyka said, "The comment has been made that the City Manager does not mind this being delayed until Wednesday - his discussion. But that is it. So we will continue with this discussion. " XI. REGULAR - PART III (NEW AGENDA ITEMS FOR THIS MEETING) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 33 OF41 REGULAR B. Community Development Department Recommends Denial Of A Request For A Variance By James And Eileen Cornell From Sections 6-2., 20-103., And 20-166. Of The City Code Of Ordinances, To Encroach As Much As 12 Feet Into The 35 Foot Rear Building Setback To Construct A Screened Porch At The Rear Of The House. Mr. Baker introduced the Agenda Item, and stated, "We do not feel that their request meets the six (6) criteria set forth in the Code." Discussion ensued. Mr. and Mrs. James and Eileen Cornell, 607 Viana Court, Winter Springs, Florida: addressed the Commission and spoke of their request for a Variance. Photographs were shown to the Commission by Mr. and Mrs. Cornell. Tape 3/Side B Further discussion ensued on a proposed "Hard Roof Screened Enclosure." "UNDER GRANT APPLICATION FROM JAMES AND EILEEN CORNELL FOR LOT 88 OF SEVILLE CHASE, APPLICATION FOR VARIANCE, I MAKE A MOTION TO DENY THE VARIANCE REQUEST FINDING THAT THEY DO NOT MEET THE SIX (6) REQUIRED ELEMENTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. Ms. Cornell asked, "If we want to just screen everywhere, do we have to come back again?" Mayor Partyka answered, "If you go to just screen, then the Ordinance is being changed right now. That is coming back to the Commission in two (2) weeks, which would seem like that would be allowed." "MOTION TO EXTEND." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26. 2002 PAGE 34 OF 41 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR C. Office Of The City Manager Requests The City Commission To Approve A Strategy For Making Central Winds Park Available For The 2003 Little League Ail Star Tournament. Manager McLemore addressed this Agenda Item and advised the Commission "That the way to do this would be to - contract more of the work with the expansion than the staff had initially anticipated contracting. So we don't eat up our resources, we would contract it out. And secondly, if we could bring on two (2) new people at mid-year, then we would have the people that would be dedicated to the Little League Tournament - helping out, actually training them on how to work on the fields - and then they would drop down to concentrate on the Little League Tournament Field preparation and work the Little League Tournament, while all this other work is going on; and when this is over, then those two (2) people then would be assigned from then on, permanently to the expanded Central Winds Park property area." Manager McLemore then stated, "We do not have the Staff to maintain the fields in the expansion area of Central Winds Park, the Parker property, they are not there. We have got to add them, so by doing this, we think we can make everything work out and take care of everyone's needs and still bring the Parker property up by August IS" and keep our fields maintained under their current schedule and satisfy everybody's needs and we can do that in your Budget with the addition of one (1) man year, because we would only bring them on for half a year - and then by asking also Little League - we have mentioned that they need to provide some funds or some additional supplies that we need for the Tournament which they have agreed to do. They need to provide some funds for additional traffic management for the Police Department which they have agreed to do, and with this strategy in place, I think we can accommodate everyone's needs." Mayor Partyka stated, "So you are saying we can do this?" Manager McLemore stated, "If you approve us two (2) full-time people, which is already in your Budget request, then we can accommodate everyone's needs, and that means we are going to have to contract some of the work for the Central Winds Park expansion; that we probably would have done with our own Staff, and by doing all of that, we can meet everyone's needs, for one (1) man year of work." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 35 OF 41 Discussion ensued on costs, out-sourcing, and Grants. Commissioner Blake stated, "I would like to go forward with it; I would like to do it but I would like to find out what sort of cost sharing arrangement we are going to have with the Little League in terms of offsetting the costs." Commissioner Blake stated further, "I would strongly recommend that we put this on our list of items to consider in two (2) days when we begin talking." Commissioner Martinez stated, "Don't you think it is a wise decision to postpone this here until we deal with the Budget and then make a decision on this Item?" Commissioner Martinez added, "It is possible to go forward, but I think we need to wait until we decide what is going to happen with the Budget." Manager McLemore said, "Well, that would be my recommendation." Deputy Mayor Gennell asked, "What kind of fees do we get from the Little League Tournament itself?" Manager McLemore said, "I really don't know the answer to that." Deputy Mayor Gennell added, "You can get that information in a couple of days when we come back?" Manager McLemore answered, "Sure." With further discussion about City Staff laying sod, Commissioner McLeod said, "I would recommend that you - no matter what you do, you go outside and have that done." "I WOULD RECOMMEND THAT WE DO MOVE FORWARD WITH THIS AS THE CITY MANAGER HAS OUTLINED, AND APPROVE THIS PLAN AT THIS TIME, FOR THE ADDITIONAL FUNDING, SO THAT THE LITTLE LEAGUE ALL STAR TOURNAMENT WILL BE HANDLED HERE IN THE UPCOMING YEAR OF 2003." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Mr. Bill Riccard, 201 Stratford Drive, Winter Springs. Florida: as the Treasurer for the Winter Springs Little League, Mr. Riccard said to the Commission, "If we do not give them the decision within a certain period of time they will move on to another City - September 15th, 2002." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 36 OF 41 Mayor Partyka explained, "What that all means is we are going to go through the Budget process over the next week or so 'and get a much better picture, and hopefully we will get to the September 9th Commission Meeting and still hopefully know - an answer and all that. " .:. .:. AGENDA NOTE: THE COMMISSION AGAIN DISCUSSED PUBLIC HEARINGS - PART II, AGENDA ITEM "B." .:..:. x. PUBLIC HEARINGS - PART II (NEW AGENDA ITEMS FOR THIS MEETING) PUBLIC HEARINGS B. Finance Department Requesting The City Commission Hold A Public Hearing On The Non-Ad Valorem Tax Assessment For StreetIighting Within The Country Club Village Subdivision And Provide Directions As Deemed Appropriate. "MOTION TO TAKE OFF THE TABLE - PUBLIC HEARINGS ITEM 'B.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Ms. Frangoul introduced the Agenda Item. Discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Although no one spoke at this time, Commissioner Blake and Mayor Partyka pointed out that we had "Input from Mr. [Gene] Lein earlier, we have that for the record." The "Public Input" portion of this Agenda Item was closed. "I WILL MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. - CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE 37 OF 41 VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Deputy Mayor Gennell pointed out that, "Mr. [Gene] Lein's request was not relative to tonights - but for the next time." Mayor Partyka stated, "That is correct; and the City Attorney and the City Manager are working on that." .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS - PART III ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. .:. .:. XI. REGULAR - PART III (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR E. Community Development Department - Arborist Recommends The City Commission Considers The Request Of Mr. William Hobbs To Remove An Approximately Eight (8) Inch Pine Tree Without Paying For An Arbor Permit Or Replacing The Tree. Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department introduced this Agenda Item. Mr. William Hobbs, 703 Woodlawn Drive, Winter Springs, Florida: addressed the Commission. Discussion. Tape 4/Side A With further discussion, Commissioner Martinez stated, "Mayor, I think a $100.00 donation in exchange for the removal of the tree is not far-fetched and I think it would aid us in continuing to be the City of Trees, USA." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 38 OF 41 "I MAKE A MOTION TO DENY THIS REQUEST UNLESS HE IS WILLING TO PAY $100.00." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA SUGGESTED, "IF YOU PAY $100.00, THAT WOULD INCLUDE THE ARBOR PERMIT FEE - AND THAT KIND OF ANSWERS THE ISSUE OF NOT PAYING THE ARBOR PERMIT." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR C. Public Works Department Requesting The City Commission Schedule A Special Meeting For The Fisher Road Project. Mr. Lockcuff explained that a Special Meeting of the City Commission was needed for "You to consider the Traffic Calming proposal on Fisher Road, and make a decision, and give us final direction." With the consensus of the City Commission, it was decided that a Special Meeting would be held on Monday, October 7,2002 at 6:30 p.m. REGULAR F. Office Of The City Clerk/Office Of The City Manager Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk. Brief discussion. Commissioner Miller stated "Point of Order" and spoke of the Performance Reviews for the City Manager and the City Clerk. Commissioner Martinez stated, "I would like to tell the City Manager to do what is right and make sure he takes good care of Andrea [Lorenzo-Luaces, City Clerk]." Deputy Mayor Gennell stated, "That's right, I will second that." Commissioner Miller stated, "Is it appropriate to third something." City Clerk Lorenzo-Luaces then stated, "Thank you." Commissioner McLeod departed the Meeting at 11:41 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 39 OF 41 ADD-ON REGULAR G. Office Of The City Manager Requesting The City Commission To Reconsider Regular Agenda Item "F" Of July 22, 2002. With brief discussion, Manager McLemore stated, "My recommendation would be that we move ahead with this as rapidly as possible. This audit will move forward very quickly; and I would ask - that by your next Commission Meeting we could have them come forward and give you a status report and go over everything they are doing, and answer any questions you have got at that point in time." "I MOVE TO RECONSIDER OUR PREVIOUS DECISION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. "MOTION TO APPROVE." SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. COMMISSIONER MILLER STATED, "IT IS PROBABLY NOT A BAD IDEA TO HAVE THE CITY COMMISSION BRIEFED ON THE VARIOUS BENEFITS AND DRAWBACKS TO SOMETHING LIKE THIS; AND IT SEEMS POSSIBLE TO ME THAT WE COULD PROBABLY RECEIVE SUCH A PRESENTATION A T THE NEXT COMMISSION MEETING, AND THEN MAKE A DECISION ON THIS." FURTHERMORE, COMMISSIONER MILLER STATED, "I AM NOT GOING TO SUPPORT IT. I WOULD RATHER HAVE A PRESENTATION THAT WOULD GO INTO THE MANY ASPECTS AND THE BENEFITS AND DRAWBACKS THAT WE COULD EXPECT FROM SOMETHING LIKE THIS." COMMISSIONER MARTINEZ STATED, "MAYOR, THERE IS A MOTION AND A SECOND. CALL THE QUESTION PLEASE." MAYOR PARTYKA STATED, "WE ARE IN DISCUSSION." COMMISSIONER MARTINEZ THEN STATED, "I AM ASKING YOU TO CALL THE QUESTION." MAYOR PARTYKA STATED, "CALL THE QUESTION. CALL THE VOTE FOR CALLING THE QUESTION." MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26, 2002 PAGE 40 OF 41 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. XIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the Regular Meeting at 11 :53 p.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. XII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Two - Michael S. Blake REPORTS E. Commission Seat Three - Edward Martinez, Jr. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26,2002 PAGE410F41 REPORTS F. Commission Seat Four/Deputy Mayor - Cindy Gennell REPORTS G. Commission Seat Five - David W. McLeod REPORTS H. Commission Seat One - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK, AND HOLLY N. PIERSTORFF ASSISTANT TO THE CITY CLERK APPROVED: PAULP. PARTYKA MAYOR NOTE: These Minutes were approved at the , 2002 Regular City Commission Meeting.