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HomeMy WebLinkAbout2002 03 25 Consent P Approval of March 11, 2002 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM P Consent X Informational Public Hearings Regular March 25.2002 Regular Meeting Mgr. 1 Dept. Authorization CONSENT P. Office Of The City Clerk Approval Of The March 11, 2002 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MARCH 11, 2002 I. CALL TO ORDER The Regular Meeting of March 11, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:32 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:34 p.m. A moment of silence was followed by the Pledge of Allegiance. Commissioner Michael S. Blake arrived at 6:32 p.m. Agenda changes were next discussed. City Attorney Anthony A. Garganese arrived at 6:34 p.m. Mayer Partyka read two (2) Proclamations into the record. The first Proclamation was entitled "Day of Remembrance - Yom Hashoah" and the second Proclamation came from the City of Longwood noting a challenge to Mayor Partyka and City Manager Ronald W. McLemore. II. PUBLIC INPUT Mr. Thomas Kearney, 159 Stone Gable Circle, Winter Springs, Florida: spoke of a petition protesting the "Villagio" project which is proposed to be built near the Stone Gable subdivision. Mr. Kearney mentioned his fellow resident's concerns about previous discussions with the developer; their request for a green buffer to separate the two (2) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 2 OF 28 entItIes; their concern with the proposed use of Stone Gable Circle as part of the "Villagio" project's ingress and egress; traffic concerns of a vehicular and pedestrian nature; violations of their community's covenants; and safety issues. Mr. Kearney specifically requested a thirty foot (30') tree buffer; to meet with the developer; and to be informed of completed documents involving this project.. Additionally, Mr. Kearney voiced his concern that someone had been mechanically destroying trees on the proposed "Villagio" site. Commissioner Edward Martinez, Jr. said, "I hope we can -build a buffer there, so you would be protected somehow." Ownership of tract "B" was next discussed. Commissioner Blake asked, "Do you know whether or not tract "B" has some sort of an easement as an overlay? Conservation - greenspace requirement?" Commissioner Blake further said to Mr. Kearney, "But you don't know if tract "B" was required to remain green that portion of it that is in order to meet green space requirements? You might want to check into that?" Commissioner Martinez stated, "I would like to ask the Manager, based on the allegations of Mr. Kearney here to send someone from Staff over there to find out if they are in fact working on the property, because they are not supposed to be." Mayor Partyka added, "I saw Ms. Cook - she is going to take a look at it." Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: spoke of the possible financial problems of the Pizzutti company and asked about the status of the planned light at Winding Hollow. With discussion, Commissioner Blake asked "The Manager to have this Item on our next Agenda for consideration." Manager McLemore stated, "Agreed." Mr. Michael Cleaver, 1018 Chesterfield Circle, Winter Springs, Florida: spoke on behalf of the Winter Springs Grizzlies in "Support of the Central Winds Park Expansion Report. " Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: also spoke in support of the Central Winds Park Expansion plan and suggested that commendations be given to the Committee Members. Mr. Jason Rickards, 719 South Endeavor Drive, Winter Springs, Florida: commented on his volunteer Grant writing assistance that he has given to Mr. Chuck Pula, Parks and Recreation Department Director, and further offered his services to the City. Dr. Alan March, 1648 Eagle Nest Circle, Winter Springs, Florida: spoke of his opposition to the proposed cellular tower Ordinance amendment; and as a physician he spoke of problems assoc.iated with telemetry devices. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCI.' 11,2002 PAGE 3 OF 28 Mr. Mati Khemlani, 605 Morgan Street, Winter Springs, Florida: representing the Tuscawilla Homeowner's Association, he spoke of his community and asked that the proposed cellular tower Ordinance amendment be voted down. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:. .:. VI. REGULAR REGULAR B. Parks And Recreation Department Requesting The City Commission To Accept The Central Winds Park Expansion Report And Concept Plan From The Central Winds Park Expansion Ad Hoc Advisory Committee. Mr. Pula introduced this Agenda Item. Tape lISide B Ms. Paula Davoli addressed the City Commission on behalf of the Central Winds Park Ex,ansion Ad Hoc Advisory Committee and gave an overview of the Committee's report. Also on behalf of the Committee, Ms. Davoli suggested that the_ ~ommission consider purchasing the adjoining parcels, "Particularly the Wincey properties and the Springs Land tracts - our fear is some commercial development that would not be conducive to the uses of Central Winds Park." Ms. Davoli further stated, "We encourage you to do whatever would be possible to obtain those properties for future expansion and to maintain the integrity of the Central Winds Park." Mayor Partyka complimented the Central Winds Park Expansion Ad Hoc Advisory Committee and stated, "I think what is in order, and I am sure this Commission will agree is Certificates of Recognition - and we'll present that at some future time." Manager McLemore stated, "There is a real threshold issue involved with that - relative to the acquisition of additional properties which would include the Wincey properties and the other property up front on 434." Discussion ensued on possibly holding a Workshop to 'iiscuss "A very preliminary level conceptual review of those other two (2) parcels" and the main access road. Discussion As discussion continued about holding a Workshop to further explore this matter, Manager McLemore also suggested that the Commission could "Just authorize me to go ahead with that next level of study - and we could have that for your Workshop." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11, 2002 PAGE 4 OF 28 Mr. Forest Michael, Michael Design Associates, 130 North Center Street, Suite 1, Winter Park, Florida: briefly discussed issues related to traffic circulation, parking and the primary entrance. Regarding whether a Workshop should be held, Deputy Mayor Cindy Gennell said, "I suggest that we let the City Manager and Forest Michael with that Committee iron out the pOf:sible transportation alternatives." Mayor Partyka said to Commissioner Blake, "Shadd we as a group here agree to give the direction to the City Manager to do the preliminary investigation with Forest Michael?" Commissioner Blake responded, "No." In regards to the same question, Commissioner Robert S. Miller stated, "You definitely need to have a Workshop." Commissioner Miller added, "We need to sit down and agree among ourselves what it is that we want to do here and let's press on." With discussion, the Commission agreed on a Workshop date of April 15th - 6:30 p.m. even though Commissioner Blake would not be able to attend the April 15th Workshop. Deputy Mayor Gennell added, "In the meantime, whatever information the City Manager is able to develop, he'll bring to us." Mr. Michael added that they would postpone his presentation to the Workshop scheduled for April 15th. Additionally, Mayor Partyka suggested "That anything that you could pass to us, hand- outs, anything ahead of time so we're not seeing it for the first time would b~,gryat!'~.. _ , __ uu.. ' .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS ARE NOT DOCUMENTED IN THE ORDER THAT THEY WERE DISCUSSED. .:. .:. III. CONSENT CONSENT A. Police Department Requesting The Commission To Give Approval To Donate $1,000.00 From The Special Law Enforcement Trust Fund To Winter Springs High School To Use For The Alcohol And Drug Free Grad Night Program. CONSENT B. Parks And Recreation Department Requesting The City Commission To Accept The Best Bid That Meets The Needs Of The City And Authorize The City Manager To Execute A Contract With The Approved Bidder For A Fireworks Display On July 4, 2002. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 5 OF 28 Deputy Mayor Gennell said she would be giving the City Manager the name and related information of a company that specializes in portable toilet systems. CONSENT C. General Services Department Requests That The City Commission Approve The Adoption Of The Computer Use Policy - Originally Approved On November 26, 2001 As A Stand-Alone Policy - As Part Of The City's Personnel Polices By Reference. CONSENT D. Public Works Department - Stormwater Division Requesting Authorization To Enter Into A Contract Agreement For Pond Aquatic Weed Control And Maintenance Services. Commissioner Martinez suggested that on page 2, under "Implementation Schedule," it says "The new pond maintenance contract will commence on April 1, 2001... - it must be 2002." CONSENT E. Public Works Department Requesting Approval To Enter Into An Agreement With Greenfields Fertilization And Pest. Control. Corporation, For _.Fertilization.. And_ ,Pest, Control. Services. On. Areas Improved By The Tuscawilla Lighting And Be~utification District. \- CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The February 25, 2002 Regular City Commission Meeting. CONSENT G. Community Development Department Advising The City Commission Of The Modifications To The JDC Calhoun Town Center Site Plan. CO.'l'lmissioner Miller left the dais at 7:55 p.m. Mayor Partyka stated, "Need a Motion to approve the Consent Agenda." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH II, 2002 PAGE 6 OF 28 "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: WAS ABSENT FOR THE VOTE MOTION CARRIED. Commissioner Miller returned to the dais at 7:56 p.m. COMMISSIONER MILLER STATED, "AYE." MAYOR PARTYKA SAID, "LET THE RECORD SHOW THAT COMMISSIONER MILLER VOTED 'AYE' ON THE CONSENT AGENDA." COMMISSIONER MILLER: AYE (REVISED VOTE) MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS ARE NOT DOCUMENTED IN THE ORDER THAT THEY WERE DISCUSSED. .:. .:. IV. INFORMATIONAL INFORMATIONAL A. Fire Department Informing The City Commission Of Reimbursement Of $27,365.43 For Services And Supplies That Were Required To Support Operations At The Affordable Tire Company Fire. INFORMATIONAL B. Information Services Department Wishes To Update The City Commission On The Upgrade Of Employment Status Of City PC Technician, From Part Time To Full Time. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 7 OF 28 INFORMATIONAL C. General Services Department Wishes To Inform The Commission That Some Preliminary Research Has Been Done In Response To A Question Raised At A Recent City Commission Meeting. The Question Related To The City's Ability To Require A Business To Purchase Insurance Coverage To Pay For Fire Suppression, Law Enforcement, And Other Costs Resulting From A Catastrophic Event, Such As Occurred At Affordable Tire Company. INFOR.i.1A TIONAL D. General Services Department Wishes To Inform The Commission Of The Proceeds Received From The Sale Of Surplus City Property At Public Auction. INFORMATIONAL E. General Services Department Wishes To Inform The Commission That Inspections Of City Sites And Facilities Have Been Conducted By Safety Specialists From Coregis Insurance Company And The Preferred Governmental Insurance Trust To Assure That The City Properly Addresses Hazards To Our Employees And The General Public. INFORMATION AL F. Finance Department Requesting The City Commission Review Information Regarding The Mail Date Of The Utility Bills. INFORMATIONAL G. Finance Department Requesting The City Commission Review Information Regarding A Donation For A Historical Museum. Discussion ensued with Ms. Louise Frangoul, Finance Department Director on the restrictions associated with the Escrow Account. Commissioner Blake asked, "How do we un-restrict many of these dollars?" Commissioner Blake then stated, "Ron, are you planning on bringing an Item back to us that will address many of these itemized items?" Manager McLemore stated, "I think we probably need to create an Agenda Item and have you make some decisions about where you want these funds to go, but I think before we do that, we want to finish our research on them." CITY OF WINTER SPRINGS MINUTES CITY COi\IMISSION REGULAR MEETING - MARCH 11.2002 PAGE 8 OF 28 INFORMATIONAL H. Community Development Department Advising The City Commission That The City Of Oviedo Has Scheduled A Land Planning Agency Public Hearing For Thursday, March 7, 2002 To Consider A PUD Future Land Use (FLU) Designation For The Potential Location Of A Hospital In Oviedo. INFORMATIONAL 1. Community Development Director Requests The Commission Consider Uses Permitted In The Greenway Interchange District. Regarding language dealing with the "Big box" concept, Manager McLemore stated, "We need to go back and look at that language relative to your new Comprehensive Plan and bli'11g back suggestions to you that would make sure that that District is going to accomplish what your intent was." Commissioner Martinez added, "I would really appreciate it if next time an Informational Item such as this is listed on our Agenda that you also include what you are considering as uses permitted for the area so we have an idea." Tape 2/Side A .:. .:. AGENDA NOTE: THE FOLLO'VING INFORMA TIONAL AGENDA ITEM WAS DISCUSSED PRIOR TO THE VOTE ON THE ENTIRE INFORMATIONAL AGENDA. .:..:. IV. INFORMATIONAL INF,,)RMA TIONAL H. Community Development Department Advising The City Commission That The City Of Oviedo Has Scheduled A Land Planning Agency Public Hearing For Thursday, March 7,2002 To Consider A PUD Future Land Use (FLU) Designation For The Potential Location Of A Hospital In Oviedo. Commissioner Martinez commented on the late notice of this information, in terms of the Meeting that was identified in the Agenda Item and said, "I would like to have a more prompt and expeditious way of letting us know when meetings such as this take place." "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 9 OF 28 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. A cake was presented to Commissioner Martinez in honor of his Birthday. Mayor Partyka called a Break at 8:05 p.m. Mayor Partyka reconvened the Meeting at 8:26 p.m. Mayor Partyka said, "I have got three (3) here for 'Public Input' - Charles Cordero, Pam Cordero, and Maryann Avery - that's in terms of the Parks. We've already handled that issue, so we'll just put that as part of the record." Commissioner Blake returned to the Commission Chambers at 8:27 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. v. PUBLIC HEARINGS PUBLIC HEARINGS C. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. "MOTION, TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Commissioner Blake stated, "I am very surprised to see this back on the Agenda in its exact original form, I think, as it was the last time we passed over it. I think the only hope at this point is for us to 'Table' this at this point in time and have Staff bring it back to 'IS as we have already stated, I believe as a Commission we desire it to be brought back. I will disclose that I did have a conversation with the property owner and the applicant shortly after our last Meeting and we discussed a method by which he could place a Land Use and Zoning classifications on that property that works for everybody." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 10 OF 28 Manager McLemore explained that "We're proposing that we clean up your Zoning Ordinance and take Industrial uses out of the C-2, fix the 'Commercial' and 'Industrial' permitted uses in your Ordinance and then come back at a later date, as soon as this goes through the Planning Commission and processes through, and then apply the appropriate Zoning with an appropriate zone, which we do not have at this point in time." Commissioner Blake said, "Point of Order" and commented on the Motion. Mayor Partyka summarized the Motion on the floor - "Read this by 'Title' only, that's the Motion right now." VOTE: DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. Commissioner Blake stated, "Point of Order" and spoke on legal procedures associated with this Agenda Item "MAYOR, I AM GOING TO MAKE THE MOTION THAT WE MOVE DISCUSSION OF THIS ITEM, THAT BEING ORDINANCE 2002-01 FOR DISCUSSION PURPOSES ONLY TO THE REGULAR AGENDA." COMMISSIONER BLAKE REITERATED HIS MOTION AS, "MY MOTION 'VAS TO MOVE CONSIDERATION OF ORDINANCE 2002-01 AND ITS DISCUSSION TO A REGULAR AGENDA ITEM." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE FURTHER CLARIFIED HIS MOTION AS, "MAYOR, MY MOTION IS TO NOT REA][) THIS ORDINANCE AND TO MOVE IT TO THE REGULAR AGENDA FOR FURTHER DISCUSSION." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "WE NEED A PARLIMENTARIAN HERE." VOTE: COMlVIISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 11 OF 28 PUBLIC HEARINGS , D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R- I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial." "MAYOR, I WOULD MAKE THE SAME MOTION FOR PUBLIC HEARINGS ITEM 'D,' THAT'S ORDINANCE 2002-02, WHICH IS THE SAME QUESTION ONLY DEALING WITH THE ZONING ISSUE ON THE SAME PARCEL." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. Mayor Partyka stated, "What we are doing is now discussing 'c' and 'D.' We will allow some input from the public, and then after that we are going to go into Regular Item 'A,' which is the Development Agreement." Further, Mayor Partyka explained, "We moved all three (3) items to this time, so we could htmdle all' the people - so we are going to handle this right now, just as under the Regular Agenda." .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT UNDER THE REGULAR AGENDA, AS DOCUMENTED. .:. .:. VI. REGULAR (FORMERLY PUBLIC HEARINGS AGENDA ITEM "C") Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 12 OF 28 (FORMERL Y PUBLIC HEARINGS AGENDA ITEM "0") Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R- I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial." (FORMERL Y REGULAR AGENDA ITEM" A") Community Development Department Re'luesting Commission Consider And Approve A Development Agreement For A 7.561-Acre Tract At The Northeast Corner Of The Intersection Of U.S. 17-92 And Nursery Road. Manager McLemore spoke briefly on the Zoning classifications; and then Mr. Charles Carrington, AICP, Community Development Department Director gave a historical perspective on the properties in question. With further discussion, Manager McLemore stated that "There are extreme site conditions that have got to be a part of this solution. Simply zoning the property is not going to solve the problem." Further comments were made by Mr. Carrington. Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: addressed the Commission anc stated, "My suggestion would be that the property that is - currently being used as 'Commercial' including the duplexes which are non-conforming in that area, - from there west to 17-92 be your Zoning of C-2. The property to the rear - 'Residential.' I guess you call it R-3, I'm not totally familiar with that density - 'High Density Residential' - and the property across the street, the same way; and I don't see, you know that that would cause me any great heartaches and I could still eliminate the parking problem that I've got up there, because I could at that point utilize some of that R-3 or R-T or whatever you call it as a parking area. So, the only thing that would be developed in the back is 'Residential Multi-Family' or duplex or something on that order. I guess that again has to go through your Planning Department and whatever traffic it generates it has to take care of that or it can't be developed, or make it into a park or give it to a church or do something with it." Mayor Partyka said to Mr. Reece, "But, conceptually it sounds like you are agreeing with what the things are being said right now." Mr. Reece stated, "Conceptually, I am agreeing with that, yes." For clarification purposes, Mr. Reece pointed out to the City Commission the property he was speaking about. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 13 OF 28 Tape 2/Side B With discussion on the parking situation, Mr. Reece stated, "I along with the tenants have created a problem that needs to be corrected." Mr. Rick Labinsky: as an engineer working for Mr. Reece, addressed the Commission on parking issues and the duplex concept. Manager McLemore said to Mr. Reece, "If you developed a multi-family arrangement back there, you would need parking to accommodate multi-family, then also parking to accommodate really what is off-site parking for the commercial area, right?" Mr. Reece responded, "I don't need off-site parking. I've got more than adequate parking." Manager McLemore then said to Mr. Reece, "And the front end of your recommendation - the front would be C-2?" Mr. Reece stated, "Yes, sir." Manager McLemore then stated, "Is it the Commission's desire for that to be inclusive of the current industrial uses?" Commissioner Blake stated, "As revised." Mayor Partyka added, "I believe the comment made by Mr. Carrington was that they're talking about a revised C-2 Zoning that is going to be - developed shortly for this Commission to ultimately make that decision." Manager McLemore stated, "Correct." Further discussion. Commissioner Blake suggested that "I would like to at this point, send it back to Staff. I don't know that it necessarily has to go back through P and Z [Planning and Zoning Board/Local Plaiining Agericy]." Furthermore, Commissioner Blake stated, "I think we could certainly send this back to Staff to have them develop a Developer's Agreement, put together a Developer's Agreement with the property owner that embraces everything that we've talked about this evening, go through that C-2 list and scratch out those things - in my opinion, some of the items that we have talked about moving from C-2 to 'Industrial' would end up making some of these parcels that he has already - as non- conforming uses and we need to decide whether, and I think this is a Staff issue to work on and bring it back to us to decide whether we want those three (3) or four (4) non- conforming uses for the period of time or if we want to through a Developer's Agreement allow those uses because of currently allowed Zoning in the future." Commissioner Blake added, "We need to have it go back to you folks to work and bring it back to us in two (2) weeks or four (4) weeks or whatever." Deputy Mayor Gennell spoke of her concerns with the "linear junkyard" and said that she was not in support of accommodating more "So-called parking spaces." Commissioner Martinez voiced his concerns with Commissioners speaking with applicants. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 14 OF 28 Commissioner Blake stated, "Point of Order" and asked Mr. Reece to clarify who called who. Mr. Reece stated that he had personally called Commissioner Blake. Attorney Garganese addressed the most recent comments and added that this was a legislative matter. Ms. Cindy Slack, 1220 George Street, Winter Springs. Florida: spoke on behalf of her neighbors and commented that they had met with Mr. Reece on three (3) occasions; mentioned an oil slick which was a concern; noise problems; parking concerns; problems with tenants; and a previous consultant. Ms. Slack added, "We talked at the last Meeting and requested possible annexation into the City. You had directed - I'm not sure who on your Staff to get information to me, that I would be the person that would spearhead it. I've not received any of that information yet, and these are issues that really could be addressed with that information if we had some enforcement." Mayor Partyka said, "So, follow up on that with the City Manager." Manager McLemore spoke of Commissioner Blake's recommendation and reiterated, "We'll hold off on this Development Agreement and meet back with the parties and see if we can deal with this permitted uses situation." Manager McLemore added, "I would like to bring back this original POO [Planned Unit Development] plan and see what it was in there that people seem to be agreeable to." Mr. Reece then stated, "Those duplexes that are next door have a well, and those wells are monitored by Seminole County and they have to ha~e - the water has to be checked I believe, every ninety (90) days, and the well has never failed and the well was there when I bought the property, and it's still in use. So, I assume that it is much closer to all this pollution that is going on and the oil that is going in the ground and - it's still in good shape. I intend to hook that up to City water. But, be that as it may, they may not have that option. The other is, as the City Manager pointed out, if I go in there and build a wall and do a parking lot and with proper retention it meets all the requirements of the City, it seems to me that that would be more palatable to the neighborhood than a commercial building, which she is alluding to - and I am saying I don't want any commercial buildings back there on that property. All I would like to do is clean up the property that I've got up front. I can't do that without a parking lot. I can leave the property as is - just right where it is and not do anything." Manager McLemore explained, "We need your concurrence to take a rezoning scheme back to the Planning Commission. At the same time, I will meet with Mr. Reece and the Staff - you are welcome to come along - we need to discuss these permitted uses we are talking about and how we are going to deal with them, even though we think we already have (\ way of doing it - and see if we can get another step closer to where we could come back at either the next or right after that Commission Meeting with a Development Agreement." Ms. Slack stated, "Agreed." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 15 OF 28 Commissioner Martinez asked to correct the record about previous comments that were stated and said "My words very clearly, which are still on the record say that they 'should be' - big difference from saying they 'are' or they 'should' be." "I WOULD LIKE TO MAKE A MOTION TO DISPOSE OF ITEMS 'c' AND 'D' ENTIRELY AND START NEW THE NEXT TIME, FOR THE SIMPLE REASON THAT AS THEY ARE CURRENTLY WRITTEN, THEY DON'T REFLECT THE WILL OF THE COMMISSION A YEAR AGO - AND THERE ARE ALL KINDS OF DISAGREEMENTS BETWEEN THE DOCUMENTATION FOR THE AGENDA ITEM AND THE ORDINANCE ITSELF - THE MINUTES THAT ARE HERE REFLECT THE FACT THAT LAST YEAR THIS WAS BROUGHT TO US AS A C-2 PROPOSAL. WE AS A COMMISSION VOTED TO SEND IT TO SECOND READING AS C-l, AND IT CAME BACK IN FACT AS C-2." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL ADDED, "WE ARE GOING TO BE DEALING WITH A DIFFERENT - ENTIRE ORDINANCE ANYHOW, AND I WOULD JUST LIKE TO SEE IT START OVER, FRESH AND CLEAN." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTORNEY GARGANESE STATED, "AT THIS POINT, 'c' AND 'D' WOULD HA VE TO BE RE-ADVERTISED." VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Manager McLemore stated, "We will contact Mr. Reece and his consultants and have a meeting with us and Staff." Mayor Partyka said, "Tomorrow, sometime call Mr. Reece, call up Ms. Slack, set up a Meeting as quickly as possible and start this process. Can you do that?" Manager McLemore stated, "Yes." Deputy Mayor Gennell commented on the unlicensed vehicles mentioned earlier and said for the record, "There is a large number of vehicles out there that are unlicensed, sitting right there on the road." Mayor Partyka stated, "City Manager, get Code Enforcement people cut there to take a look at that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 160F28 .:..:.. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:. .:. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department/Office Of The City Attorney Present To The City Commission For A First Reading Ordinance Number 2002-08 Amending Chapter 5 Of The City Code By Repealing The Existing Arbor Ordinance And Adopting A New Ordinance Entitled Tree Protection Ordinance. "MOVE TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title." Tape 3/Side A Next, Attorney Garganese proceeded to give a brief overview of the proposed Ordinance. Deputy Mayor Gennell asked about the list entitled "UNDESIRABLE TREES," specifically about trees such as a "Water Hyacinth" and asked, "Why they made it into the list - some are mis-spelled and there are - a lot of duplications on your tree . list. " Deputy Mayor Gennell suggested the list be cleaned up "By the next time it comes through. " Then, Deputy Mayor Gennell stated that on page 12, under (Q) (A) (iii) - "I think you have a typo or a mis-spelled word - 'The landscape plan for the propose development.. . ' - I think you need a 'd' at the end of 'propose.'" This was agreed to. Deputy Mayor Gennell asked for clarification on (C) on the same page. Ms. Jimette Cook, Manager, Code Enforcement Division, Community Development Department addressed the concept of tree replacement credits. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11.2002 PAGE 17 OF 28 On page 13, Sec. 5-10. (g) - the "Cut and Fill Guidelines." - Deputy Mayor Gennell inquired, "Why would we allow them to remove material and ground within six feet (6')? Why don't we require them to stay past the drip line?" Deputy Mayor Gennell suggested, "I would be in favor of extending that to the dripline." Mr. Michael Mingea, City Forester, Code Enforcement Division, Community Development Department addressed the City Commission on this issue. Deputy Mayor Gennell asked, "Do you agree that that one will be looked at then?" Mr. Mingea stated, "I have no objection." With further discussion, Deputy Mayor Gennell suggested, "Let them bring that one item back for a recommended distance." Commissioner Miller agreed and added, "Ifhe wants to come back with something, I would like to hear what it is. There are trees that I think we ought to try and save - the real big ones, those have to go out to the drip line. " Deputy Mayor Gennell added, "My main concern was six feet (6') was too little." Commissioner Blake said, "Right around six feet (6') I think is the right number for the majority of them, but if there are some that have a much greater caliper, then you can have some formula that pushes it out." Commissioner Blake added, "There is some good number out there and I think six feet (6') is a real good starting place. For your larger trees it probably needs to be more and maybe that is where you can concentrate your efforts, and I would be agreeable to that." Mayor Partyka summarized, "Yes, go back and get us some other number that makes some sense." Next, near the top of page 14, the last sentence un~er (i), Deputy Mayor Gennell suggested changing the "shall" to "may." Discussion followed on the concern with having to give out a permit. With discussion however, no change to this statement was agreed upon by the Commission. Deputy Mayor Gennell remarked about item (12) on page 15, and asked, "Is somebody going to be held responsible for replacing the landscape material that was originally placed there?" Discussion ensued on "Perpetual maintenance." Deputy Mayor Gennell concluded by saying, "I ask this question because there are places in the City where we have been unable to do that, because we don't have the records - we can't go back." On page 11, Sec. 5-9. under "Tree Replacement Guidelines." - Commissioner Blake said, "It doesn't tell when they have to replace the trees." Furthermore, Commissioner Blake asked, "How do we enforce the replacement with some time guidelines?" Ms. Cook stated, "We give someone up to ninety (90) days as a condition of their permit. If you don't want to do that, you pay the money. That's part of our discretionary power." Commissioner Blake then inquired, "Is that ninety (90) days for the contribution to the tree .replacement fund? Does it state ninety (90) days in here?" Attorney Garganese stated, "The Commissioner raises a good point." Commissioner Blake then said, "You guys can work it out." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 18 OF 28 "I MAKE A MOTION THAT WE MOVE THE ARBOR/TREE ORDINANCE TO SECOND READING WITH CORRECTIONS AND RECOMMENDATIONS BY THIS COMMISSION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka inquired, "Does anyone wish to speak under the 'Public Hearing' on the first item?" No one spoke. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka then stated, "Motion stands." PUBLIC HEARINGS B. Community Development Department/Office Of The City Attorney Present To The City Commission For A First Reading Ordinance Number 2002-09 Amending Chapter 13 Of The City Code To Require The Removal Of Dead, Damaged Or Diseased Trees Which Constitute A Hazard To Life And Property. "MOVE TO READ 2002-09 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2002-09 by "Title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 19 OF 28 With brief discussion, Attorney Garganese explained that "The Ordinance does allow a prcperty owner to appeal the decision of Staff to the City Commission." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS E. Community Development Department Presents To The Commission, The First Reading Of Ordinance Number 2002-10, Which Will Vacate And Abandon A 5 Foot Wide Utility Easement, Located Along The West Side Of Lot 15, Parkstone Unit I. Commissioner Martinez left the dais at 10:33 p.m. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: WAS ABSENT FOR THE VOTE MOTION CARRIED. Attorney Garganese read Ordinance 2002-10 by "Title" only. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 20 OF 28 Brief discussion. Commissioner Martinez returned to the dais at 10:35 p.m. Commissioner Martinez spoke on the record about Centex Homes. "MOTION TO MOVE COMMISSIONER BLAKE. DISCUSSION. TO SECOND READING." MOTION BY SECONDED BY DEPUTY MAYOR GENNELL. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. VI. REGULAR REGULAR D. General Services Department Requests That The City Commission Review The Request Of Nextel Communications To Amend Ordinance Number 678 (Codified As Section 20-451.), Eliminating The West Sewage Treatment And Water Reclamation Plant Site On Winter Springs Boulevard As A Designated Site For The Location Of Cell Towers, And Substituting The East Sewage Treatment And Water Reclamation Plant Site Next To Sam Smith Park In Lieu Of The West Plant Site. Mr. Gene DeMarie, General Services Department Director addressed the City Commission regarding this Agenda Item. Tape 3/Side B Mr. Allen Watts, Cobb, Cole and Bel!, 150 Magnolia Avenue, Daytona Beach, Florida: as the legal representative for Nextel Communications, Mr. Watts addressed the City Commission on their request. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCI-II), 2002 PAGE210F28 Mr. DeMarie pointed out an error on the first page of the Agenda Item and explained - "Under 'REQUEST' - 'West Sewage Treatment and Water Reclamation Plant site on Winter Springs Boulevard.' It should be the East Plant site on Winter Springs Boulevard or the West Plant on State Road 434." Mr_ Vinod Devin, RF Design Engineer for Nextel Communications: reviewed various possible sites and explained why some sites were not selected. "I MOVE TO CONTINUE THE MEETING FOR AN HOUR." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. "MOTION TO DENY THE REQUEST." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR C. Office Of The City Clerk Requests That Deputy Mayor Cindy Gennell Make An Appointment To The Planning And Zoning Board/Local Planning Agency To Replace Board 'Member Carl Stephens, Jr. Who Has Resigned. DEPUTY MAYOR GENNELL STATED, "I NOMINATE SALLY MCGINNIS FOR THE VACANCY ON THE P AND Z BOARD." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR GENNELL ADDED, "SHE WILL RESIGN THE OTHER BOARD." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 22 OF 28 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka said, "You'll have to notify her Andrea [City Clerk Andrea Lorenzo- Luaces] that she would have to resign from the other Board to take this position. Deputy Mayor Gennell added that as Carl Stephens, Jr. had been her "First appointment when I first got into office almost nine (9) years ago and he stayed at that the whole time - I would like to see us give him a really nice Proclamation." Mayor Partyka said, "We'll do something nice." REGULAR E. Office Of The City Manager Requests That The City Commission Further Consider Their Recommendation That A Plaque Be Placed On The Desk That The Former City Clerk, Mary T. Norton Used. With discussion on this Agenda Item, Deputy Mayor Gennell stated that the City Manager "Mentioned another alternative which I thought was kind of nice - was to do the same kind of a plaque for her that they did for Phil Kuloes over in the Senior Center, and put it somewhere here. I would support that." "I WOULD MOVE TO DO THE ALTERNATIVE THAT THE CITY MANAGER SUGGESTED." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL REITERATE RED HER MOTION AND STATED, "I MOVE THAT WE PURCHASE A PLAQUE AS OUTLINED BY THE CITY MANAGER IN AGENDA ITEM 'E,' A BRONZE PLAQUE WITH A BAS- RELIEF-ETCHED PHOTO, AND MOUNT IT SOMEPLACE IN CITY HALL." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 23 OF 28 Mayor Partyka stated, "Get it out of the Mayor's fund." REGULAR F. Community Deyelopment Department Requests The City Commission Consider Amending Regulations Affecting Accessory Buildings. Manager McLemore stated, "Mayor, I request this Item be tabled - at the request of - Commissioner McLeod." "MOTION TO POSTPONE UNTIL THE NEXT REGULARLY SCHEDULED COMMISSION MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. VII. REPORTS REPORTS A. City Attorney.:.... Anthony A. Garganese, Esquire Attorney Garganese advised the Commission that Judge Bravo "Upheld the constitutionality of the dog barking Ordinance and he has scheduled a hearing to impose a fine. " Next, Attorney Garganese stated, "No response yet from Oviedo and Seminole County regarding the annexation lawsuit that is pending." Deputy Mayor Gennell spoke of a Seminole County Commission Consent Agenda dealing with Mediation. Commissioner Martinez spoke of an article in today's newspaper about Seminole County Commissioner Randy Morris and inquired, "Didn't we at one time, sometime ago, agree to contact the Commission in Oviedo to see if we could get together?" Commissioner Martinez then stated, "I spoke to two Commissioners who said that they never heard any such thing from anybody." Further, Commissioner Martinez stated, "If that is the case, we have to address the Commissioners in person, either go to their Meetings and invite them, or reach out for them one at a time." Brief discussion. Mayor Partyka stated, "I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 24 OF 28 can go and welcome them again." Attorney Garganese suggested to the Commission that "We wait for the County Commission to adopt whatever they are going to adopt and if Oviedo adopts the same thing requesting a waiver of the last stage, then this Commission needs to consider - their action, and either accept it or do not agree to waive - but we can get into that issue when the time comes." Attorney Garganese then advised the Commission that the "Industrial" District Zoning Ordinance should be sent to the Planning and Zoning Board/Local Planning Agency at their next Regular Meeting. REPOR.TS B. City Manager - Ronald W. McLemore No Report. REPORTS C. City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces asked if the City Commission was interested in holding a Board Appreciation Dinner this year. Mayor Partyka stated, "I think to this Commission it's an annual type of thing." The consensus of the City Commission was to make plans for such an event, possibly to be held in July. Deputy Mayor Gennell stated, "I move that we designate Winter Springs Country Club to have the Board Appreciation Dinner at." Further discussion followed on other possible venues. Suggestions included St. Stephen's Catholic Church Enrichment Center and the City's Senior Center. Commissioner Blake asked, "Can we hire somebody to take care of all of those other issues, planning issues, catering issues, the works?" With brief discussion on bid requirements, Commissioner Blake added, "It may be an extra step, but I think what I would feel most comfortable with would be to - put out a request to both the Winter Springs Golf Club and the Tuscawilla Country Club, including those certain tough to define atmospheric conditions that Deputy Mayor Gennell brought up - food quality whatever - and then let us re-evaluate it at our next Meeting." Deputy Mayor Gennell added, "That includes the options of the Senior Center or the church as well." Further, Commissioner Blake stated, "Sure, if the Clerk wants to come up with three (3) different ideas and throw it out th'ere, hopefully not spending too much time on it, and bring it back to us." . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH II, 2002 PAGE 25 OF 28 Mayor Partyka summarized, "Andrea [City Clerk Lorenzo-Luaces] I guess you are going to do some research and request some prices okay, and bring it back to us. And if! may, I think what we are looking for is a nice quality event at a nice location. If that's Tuscawilla Country Club, so be it - or Winter Springs - but we want a nice place, nothing second rate." REPORTS D. Commission Seat Five - Dayid W. McLeod Absent. REPORTS E. Commission Seat One - Robert S. Miller No Report. REPORTS F. Commission Seat Two - Michael S. Blake Commissioner Blake stated, "Just two (2) weeks ago, I had a couple of requests and I haven't heard back on those like some timing issues and Trail stuff." Manager McLemore stated, "All that is coming to you at the next Meeting." REPORTS G. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez commented on his concern with the proposed Vall agio project and added, "The Manager has assured me that he is going to start a new process by which he is going to advise the Commission of an incoming project, etceteras, etceteras, etceteras. I hope it becomes reality this time." Next, Commissioner Martinez said, "The Minutes under Consent today will show that I asked for an Informational Item on the Dock Ordinance to be brought to us at this Meeting, and that didn't happen either. I already spoke to the Manager and he told me it is coming next week." Commissioner Martinez then said to Manager McLemore, "The Department of Community Affairs ORC, dated February 14th, 2002 - have you responded to thisyet?" M2nager McLemore stated "Not as yet - we are formulating responses." Commissioner Martinez then said, "Would you please provide me with a copy of those responses when you do it? Manager McLemore said, "Sure." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 26 OF 28 Lastly, Commissioner Martinez thanked the City Commission for the Birthday cake. REPORTS H. Commission Seat Four/Deputy Mayor - Cindy Gennell Deputy Mayor Gennell stated, "I had asked Anthony last week after the Meeting about the response from the Attorney General in regard to the Mayor's use of his business cards - City business cards; and Anthony advised me that he had not yet received the feedback from the balance of the Commissioners in order to send it; so, it hasn't even been sent out yet. I would just ask that the Commissioner's who have not given him questions, if they have questions, give them to him - and if you're are not going to give him anything, just tell him - he doesn't need any more information from you to just go ahead and proceed, but give him what he needs so that he can go ahead and proceed please - and Andrea [City Clerk Lorenzo-Luaces], if you would please advise Commissioner McLeod of the same thing." REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka commented on the upcoming Paw Parks Workshop. Brief discussion. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE ALSO GIVEN, IN THE ORDER DOCUMENTED. .:. .:. VII. REPORTS REPORTS G. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez asked Attorney Garganese, "What recourse do we have when we ask for an Agenda Item to be brought up at a certain Meeting and it never comes" - and specifically referenced the issue of transportation for Senior Citizens. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 27 OF 28 REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka stated, "On the Oviedo Meeting, going to Oviedo and asking the Commission to get together, I am willing to go over there and do that. The question is, "What do we want to ask them?" With brief discussion, Mayor Partyka said, "I'll be there to request that we get together again - anything they want." .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS ALSO GIVEN. .:. .:. VII. REPORTS REPORTS G. Commission Seat Three - Edward Martinez, Jr. In response to Commissioner Martinez's previous question, Attorney Garganese stated, "Your Item that you requested needs to be put on the Agenda." Further discussion. Commissioner Martinez added, "When I make a serious request here, I would like for that request to be complied with, the same as they do with other Commissioners." Tape 4/Side A Manager McLemore briefly explained how Agendas are set up and added that Staff will be holding a meeting with interested Senior Citizens. Commissioner Martinez asked when that meeting is to take place. Manager McLemore responded, "I'll get you a date tomorrow." VIII. ADJOURNMENT Mayor Partyka said, "I need a Motion to adjourn." "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. THE CITY COMMISSION AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 28 OF 28 Mayor Partyka adjourned the Meeting at 11 :32 p.m. -- A PAUL P. PARTYKA MAYOR NOTE: These minutes were approved at the March 25, 2002 Regular City Commission Meeting.