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HomeMy WebLinkAbout2002 08 12 Consent H Unapproved Minutes from July 22, 2002 City Commission Regular Meeting COMMISSION AGENDA ITEM H Consent X Informational Public Hearings Regular August 12. 2002 Regular Meeting Mgr. I Dept. Authorization CONSENT H. Office Of The City Clerk Requesting Approval Of The July 22, 2002 City Commission Regular Meeting Minutes. ... CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 22, 2002 I. CALL TO ORDER The Regular Meeting of July 22, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:35 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, absent 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 6:44 p.m. A moment of silence was followed by the Pledge of Allegiance. Regarding Agenda Changes, Deputy Mayor Cindy Gennell suggested that Regular - Part II, Agenda Item "M - which is the-letter to.the'Postmaster.~cou-ld.we-put that.up-in Consent?". Mayor.-... . Partyka stated, "Yes." Furthermore, Deputy Mayor Gennell suggested taking Public Hearings - "A" off of the Agenda "Since we have nothing in front of us." Mayor Partyka stated, "That is correct." Mayor Partyka then made a statement announcing that he would again be running for the Office of Mayor in the November Election. Deputy Mayor Gennell then stated that she would also be running for the Office of Mayor in the November Election. PRESENTATIONS Mayor Partyka awarded a Proclamation to Mr. Larry Putchinski for his service to this community and to the United States Postal Service, with consideration of his upcoming retirement. Ms. Joanne Krebs was presented with a Resolution for her servIce to the Code Enforcement Board. ~ ~ ~ '=' ~ .\ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JULY 22, 2002 PAGE 2 OF 26 Miss Jessica Samuels and Miss Kristen Schrupp were honored for their recent contributions to the Winter Springs High School Girls Softball Team. City Attorney Anthony A. Garganese arrived at 6:44 p.m. II. PUBLIC INPUT Mr. Bill Riccard, 201 Stratford Drive, Winter Springs, Florida: as a Board of Directors member of the Winter Springs Little League, Mr. Riccard spoke of the opportunity for this community to host an All-Star tournament in July 2003, and that his organization hoped to work with the City to make this happen. Mayor Partyka stated, "The City Manager has sent a letter out to say there are some logistical problems - and we will make a copy for Bill [Riccard]." With discussion, Mayor Partyka suggested to Mr. Riccard that "You might want to give a call to Chuck [Pula, Parks and Recreation Department Director] and just chat with him about the details, because of all of the construction." Further discussion ensued on the possible problems of such an event with consideration of the planned expansion of Central Winds Park. Deputy Mayor Gennell suggested that Tourist Development Council Funds may be available and added that "As Vice Chair of the Tourist Development Council, ~ can tell you that plenty of people c'ome to .us for sporting events that are pulling in people from just out of the area." Further Deputy Mayor Gennell stated, "I would like to see that you all go through further logistical talks about this." Discussion ensued with Commissioner David W. McLeod about the status of the petition that was discussed earlier. City Manager Ronald W. McLemore added, "We will sit down with the Board and try to demonstrate to them the problems with trying to do this in 2003, and then at that point in time, they will have to make a decision as to what they want to bring back to you as a recommendation and under our agreement, our communication with the League is through their President, and 1 think it should come back from their President." Further, Commissioner McLeod clarified that what Manager McLemore was suggesting was "Ask them to go back to their Board, and see if their Board is in favor of coming back forward if they can't work it out with Chuck [Pula] to talk to this Commission - that is really what you are asking." Manager McLemore agreed and said, "That is what 1 am saying." Commissioner McLeod then stated, "I think 1 would like to allow it to go back - and allow them to talk to our Staff, and if there is some kind of a disagreement at that point, then it becomes an Agenda Item and they bring it forward." ~ It-cI ~ -= >~ = '=' '. L CITY OF WrNTER SPRINGS MrNUTES CITY COMMISSION REGULAR MEETING - JULY 22. 2002 PAGE 3 OF 26 With further discussion, Commissioner Michael S. Blake stated, "I would like to find a way that we do it if we can, but not at the cost of the Fourth of July." In conclusion, Mayor Partyka suggested, "Mr. Riccard, go back to the Board, you have heard everything, and then get together with Mr. Pula and see if you can come up with some creative way to do something and come back to the Commission." Mr. Albert Murro, 632 Cheoy Lee Circle, Winter Springs, Florida: commented on problems that he and his neighbors are experiencing regarding property that they purchased; and requested assistance form the City Commission. Mr. Murro further remarked about the numerous problems associated with construction and the effects on their back yards. Photographs were shown to Members of the Commission. Discussion. Tape I/Side B Further discussion followed on suggested costs and Commissioner McLeod asked, "Can we get closer to that estimate Ron [McLemore]?" With further discussion, Commissioner McLeod stated, "I do understand that certain parties have tried for the last week to get a hold of certain Staff - to return phone calls. I would appreciate it if the parties of the City would check for - messages and return those phone calls." Discussion Deputy Mayor Gennell stated, "I would suggest that we schedule a meeting with one (1) or two (2) Commissioners, the City Manager and Planning people, or whoever all has to be there - the Attorney, and let's sit down and see how we can simplify it." With additional discussion, Deputy Mayor Gennell stated, "If things are not being done the way they are supposed to be done by the developer that is out there, if they have committed to watering and doing things they are not doing, I think that is something our Code Department needs to be notified about." Mr. Murro asked for clarification as to whom they should call for assistance. Furthermore, Deputy Mayor Gennell stated, "Ron [McLemore], who do they call if they have a problem that terms are not being met?" Manager McLemore responded, "Actually it is going to come down to a combination of the Building Department, Code Enforcement, and probably the City Engineer." Deputy Mayor Gennell stated, "Mr. Mayor, can we schedule a meeting and move fOlWard with the Meeting?" Commissioner Blake stated, "We have public-private partnerships elsewhere in the City, and I again state that this ought to be one also." Commissioner Edward Martinez, Jr. said "The City Attorney has come up with an offer to possibly - this issue and if there is a ~ ;g ~ '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 4 OF 26 meeting, the meeting should include the twelve (12) property owners and the City Attorney." "I WOULD BE WILLING TO MAKE A MOTION THAT IF THE PROPERTY OWNERS ARE WILLING - IN THE EXPENDITURE OF THE $11,000.00, THAT THE CITY WOULD BE WILLING TO PAY HALF THAT AND T~E PROPERTY OWNERS WOULD PICK UP THE OTHER HALF." FURTHERMORE, COMMISSIONER McLEOD STATED, "AND I WOULD ASK THAT THEY GO BACK AND GET EVERYBODY TO SIT DOWN AND DISCUSS THAT." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. "I WOULD LIKE TO OFFER AN AMENDED MOTION FOR THE CITY TO PAY $11,000.00 OR HAVE AVAILABLE $11,000.00 TO PROVIDE FOR WHATEVER COSTS ARE NECESSARY TO GET TIDS DONE. ANYTHING OVER $11,000.00, THE PROPERTY OWNERS OVER THERE WILL HAVE TO ABSORB." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. COMMISSIONER McLEOD FURTHER STATED, "PART OF MY MOTION WAS THAT THEY GO BACK - WE ARE GOING TO PUT $5,500.00 ON THE TABLE. THEY ARE GOING BACK TO THE REST OF THE HOMEOWNERS, HAVE A MEETING AND COME BACK. EITHER THEY AGREE TO DO IT, OR NOT DO IT." VOTE: .... . - . . . . .- . DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE . COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mr. Tim Johnson, 1109 Gator Lane, Winter Springs, Florida: stated his opposition to the suggested Variance for the Bosse property and asked why this did not go to the Board of Adjustment. Mr. Johnson also commented on the City's other Advisory Boards. Mr. Enon Winkler 646 Cheoy I,.ee Circle, Winter Springs, Florida: commented on the problems behind his house and stated that only one quarter of the wall goes behind his house. Mayor Partyka said, "As we get through this, we will get an answer on that." Commissioner Blake asked Attorney Garganese "Is there some law - about one (1) property retaining their own water or at least directing their own water to the appropriate drainage, not having it run off onto some neighboring property?" Attorney Garganese spoke of Stormwater provisions and suggested that "1 think it is something that the contractor should step up and fix while the property is being constructed." Commissioner ~ LtmfCI == ~ :- :H ~ t::::' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22. 2002 PAGE 5 OF 26 Blake further said, "If it is flooding out this gentleman's yard, I think we need to step up and make sure that they are taking all precautions possible." Attorney Garganese added, "I am sure the City Manager got the message tonight and will be on the phone with the contractor." Commissioner McLeod also commented about St. Johns River Water Management District and concerns they may have about the end of the wall "Over time being stable enough?" Commissioner McLeod stated, "I think that should be looked into by Staff also." Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: suggested that a meeting might be helpful and asked for clarification on the previous Motion. Deputy Mayor Gennell asked if the current Ordinances that require a wall to separate commercial and residential would apply in this situation. Attorney Garganese stated, "I think we addressed this at the last Meeting - you have a binding Development Agreement that was approved by the Commission and a binding Site Plan which shows the wall going to the - end of the retention pond." Deputy Mayor Gennell then said, "But it didn't show the lot lines of the houses." Further, Deputy Mayor Gennell stated, "Somehow or another, I would like us to revisit this issue, on a future Agenda, maybe the next one when the City Manager can be here." Mayor Partyka called a break at 8:03 p.m. The Meeting reconvened at 8:08 p.m. III. REGULAR - PART I (CONTINUED FROM THE JULY 8,2002 REGULAR MEETING) REGULAR A. Information Services Department Wishes To Present To The Commission The Updated Strategic Technology Plan Which Includes Recommendations And Provides Costs And Implementation Timelines Relative To Technology-Related Projects. Information Services Is Requesting Commission Approval Of The Strategic Technology Plan, Along With Proper Staffing And Funding Of Said Plan. Ms. Joanne Dalka, Information Services Department Director introduced Mr. Frank Hagy with the Florida League of Cities. Mr. Frank Hagy, CPM, Chief Information Officer, Florida League of Cities, 125 East Colonial Drive, Post Office Box 530065, Orlando, Florida 32853-0065: presented information regarding his proposed Strategic Plan to the Commission. Tape 2/Side A ~ ~ ~ = '=' (/ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22. 2002 PAGE 6 OF 26 Ms. Sherry Hilley, CISA, Florida League of Cities, 125 East Colonial Drive, Post Office Box 530065, Orlando, Florida 32853-0065: also addressed the City Commission on the proposed Strategic Plan. Discussion ensued with Members of the Commission. Manager McLemore explained that "You are going to need to make some decisions as part of your budget process-to determine the speed with which you want to do these. I think on your issues sheet we will have those sequenced out as recommended here." Mayor Partyka asked Ms. Dalka, "From your standpoint, you have seen this entire presentation, you have worked with Mr. Hagy - your recommendation would be what?" Ms. Dalka stated, "My recommendation is to go forth with year 1, only because the Commission meeting - I think it was in March, you all strongly wanted to upgrade our technology and the only way we are going to be able to do this is to do it sensibly and in sfeps." Mayor Partyka further asked Ms. Dalka, "And you feel this entire City would operate better by implementing this year 1 plan?" Ms. Dalka responded by saying, "Yes I do." Manager McLemore then said to Ms. Dalka, "Relative to that 3 year plan, can your organization implement that 3 year plan just on the basis of workload and have it - assimilated into the organization?" Ms. Dalka stated, "With the new person, the Multi- Media Specialist that would be in year 1, yes we can do this." Manager McLemore stated, "Okay." Mayor Partyka then said to Manager McLemore, "Ron; if you would just incorporate that as part of the budget - we will have discussions." REGULAR B. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Chanh Nguyen For Forgiveness For A Code Enforcement Lien Of $186,000.00 Against His Property. Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: addressed the Commission regarding his client Mr. Chanh Nguyen, and presented some history regarding the situation before the Commission. Mr. Charles Carrington, Community Development Department Director also addressed the Commission and gave a history on this case. Discussion ensued on the true costs related to this case. "I WAS GOING TO SUGGEST A MOTION THAT WE SETTLE FOR TEN THOUSAND DOLLARS ($10,000.00)." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. ~ --ct ::a ~ t:::' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 7 OF 26 Mayor Partyka stated, "If you could just hold that Motion." Discussion. Commissioner Blake said, "How would your client react to a requirement of annexing in the other portion of the property as part of that settlement?" Mr. Chanh Q. Nguyen, 4409 Steed Terrace, Winter Park, Florida: briefly addressed the Commission. Commissioner Blake then stated that his recommendation would be that "I would ask the rest of the Commission that in any settlement that we decide to make with the landowner, that we require as part of that agreement a requirement to annex in that adjacent parcel that is not currently in the City." Commissioner Blake further explained that "My requirement would be - the adjacent parcel that Mr. Ngyuen owns right here which is next to the one in question with the Code Enforcement action, that that be annexed in as part ofthe settlement." Commissioner McLeod asked if notification was made by Certified Mail and added, "Mr. Manager, would it not be wise that we send this kind of a notification when we are levying a $250.00 a day fme against a piece of property as certified mail- to the property owner?" Manager McLemore stated, "Yes." Tape 2/Side B Regarding notifying violators, Commissioner McLeod suggested to Manager McLemore that such a procedure be put into operation within thirty (30) days. Furthermore, regarding proof of notification, Mr. Carrington said to Commissioner McLeod, "I know that they were notified. Now, you asked me if they were notified by certified mail, return receipt requested and I honestly don't know the procedure - I can find out for you." Commissioner McLeod then stated, "And 1 basically asked that if we don't have that procedure, to put that procedure in place." Mayor Partyka then inquired, "Does this Commission agree with that last position?" Commissioner Martinez stated, "Sure." Deputy Mayor Gennell said, "By certified, return receipt, yes." Commissioner Blake stated, "I thought we already were doing that." Commissioner McLeod then stated, "And we may very well be doing that - I just want to make sure we have that procedure. Discussion. Mr. James Meade, 5361 Young Pine Road, Orlando, Florida: addressed the Commission on what previously has transpired with the property in question. s::: ;~ u. ~ v.....1:S ~ <::> ~ t:::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22. 2002 PAGE 8 OF 26 Mayor Partyka stated for the record, "Mr. Meade called me up and explained this to me and I said, 'Explain it to the Commission.'" Discussion. "I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF AND THE CITY ATTORNEY INCLUSIVE TO WORK OUT AN AGREEMENT WITH MR. WALLACE REPRESENTING THE LANDOWNER IN THIS CASE FOR A REDUCTION IN FINE THAT WOULD SETTLE AND REMOVE THE LIEN ON THIS PROPERTY TO $10,000.00, IF THERE IS A SUCCESSFUL VOLUNTARY ANNEXATION APPLICATION AND IT GOES THROUGH THE ENTIRE SYSTEM - AND THAT OCCURS WITHIN THREE (3) MONTHS/NINETY (90) DAYS; OTHERWISE IF THAT DOES NOT OCCUR, THEN THE REDUCTION IN FINE AGREEMENT WOULD NOT TAKE PLACE AND IT WOULD REVERT BACK TO THE $187,000.00." MOTION BY COMMISSIONER BLAKE. Commissioner Martinez stated "Point of Order" and spoke of a previous Motion. ~ Jil8~ == ~ t::::=' ATTORNEY GARGANESE STATED, "I UNDERSTAND COMMISSIONER BLAKE'S MOTION TO MEAN THAT IF HE VOLUNTARILY ANNEXES THE PROPERTY, IT IS A MITIGATING FACTOR WHICH WILL REDUCE THE FINE BY APPROXIMATELY $176,000.00. JUST SO THAT IT IS CLEAR ON THE RECORD, THIS IS A LIEN AGAINST THE PROPERTY. THIS COMMISSION IS NOT UNDER -ANY ]JRESSURKT<YREDUCKTHlS LIEN~" ---- - - ---- -.. COMMISSIONER BLAKE CLARIFIED THAT HIS MOTION INCLUDED, "THAT THE ANNEXATION PROCEDURE HAD TO BE COMPLETE WITIDN NINETY (90) DAYS." SECONDED. DISCUSSION. COMMISSIONER BLAKE ADDED, "THE MOTION WAS FOR OUR STAFF TO GET TOGETHER WITH HIS ATTORNEY AND WORK OUT THOSE DETAILS WHICH INCLUDED A PAYMENT ARRANGEMENT. IT W1\S NOT TO PAY WITHIN THAT NINETY (90) DAYS; IT WAS MERELY TO GET ANNEXED IN WITHIN THAT NINETY (90) DAYS, ON A VOLUNTARY BASIS, AND IF THAT HAPPENS, THEN THE FINE WOULD BE $10,000.00 AS NEGOTIATED FOR PAYMENT TERM TO BE AS NEGOTIATED BY OUR STAFF AND HIS ATTORNEY." DEPUTY MAYOR GENNELL THEN ASKED, "DID YOUR MOTION INCLUDE WAIVING THE ANNEXATION FEES?" COMMISSIONER BLAKE RESPONDED, "NO." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 9 OF 26 "AN AMENDMENT TO THE MOTION TO MAKE THE AMOUNT TOTAL $7,500.00 AND WAIVE ANNEXATION FEES." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE MAYOR PARTYKA: AYE MOTION CARRIED. Mr. Wallace inquired, "Should I call the City Manager first?" Manager McLemore stated, "That would be fine." REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of AVA Anthony/Phelopateer, LLC For Forgiveness For A Code Enforcement Lien Of $75,900.00 Against Their Property At Hayes Road And State Road 434. Mr. Carrington introduced this Agenda Item and gave some brief information regarding this case and suggested-Staffs.costswere"in-the'rangeof$2;050;OO~".'.'. .- . .. Ph.P.., Attorney Garganese advised the Commission that, "My amount is approximately $10,000.00 in defending a Mortgage Foreclosure action where the City's Code Enforcement Lien was in play; filing a Public Nuisance Lawsuit against the owner to bring the property back into compliance with the Code; and to address a very extensive Vested Rights IssuefDevelopment Agreement." Mr. Arron J. Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola, Orlando, Florida: as the Attorney for A V A AnthonylPhelopateer, LLC, Mr. Garovitz addressed the City Commission. Discussion ensued on what the real costs were, and the many problems associated with this property. Tape 3/Side A "I WOULD STILL LIKE TO MAKE THE RECOMMENDATION THAT WE MOVE THIS - FORWARD AND WE MAKE THE FINE AT $12,500.00." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. ~ --ct == ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 10 OF 26 "I AMEND THE MOTION TO INCLUDE A WAIVER - TO AGREE NOT TO FILE A RELEASE - OF ANY POTENTIAL ACTION ON A VESTED RIGHTS ACTION." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE CLARIFIED HIS AMENDMENT TO THE MOTION AS, "TO AMEND IT TO ADD IN TO THAT $12,500.00 FINE, REQUIRING,A RELEASE FROM THE PROPERTY OWNER OR THEIR REPRESENTATIVES OF ANY POTENTIAL FILING OF A VESTED RIGHTS ACTION ON THAT PROPERTY, IN TERMS OF ANY - POTENTIALLY PRE-APPROVED SITE PLAN." ATTORNEY GARGANESE ADDED, "THE APPLICANT HAD SUBMITTED A VESTED RIGHTS APPLICATION AS WELL AND I TIDNK THAT IS WHAT COMMISSIONER BLAKE IS TALKING ABOUT - THAT THE PROPERTY OWNER RELEASE THE CITY OF ANY LIABILITY WITH RESPECT TO THAT VESTED RIGHTS APPLICATION. IN OTHER WORDS, THEY ARE RELEASING THEIR CLAIM THAT THEY HAVE A VESTED RIGHTS ON THE PROPERTY REGARDING THAT PREVIOUSLY APPROVED SITE PLAN FOR THE GASOLINE STATION." FURTHERMORE, ATTORNEY GARGANESE SAID, "I WAS GOING TO ASK THE QUESTION TO THE APPLICANT - IF THE COMMISSION APPROVED THIS REDUCTION, DOES THE CITY COMMISSION THEN BUY A VESTED RIGHTS LAWSUIT?" MR. GAROVITZ STATED, "WHEN I INDICATED I SUPPORTED THE CODE ENFORCEMENT BOARD'S RECOMMENDATION, THAT CAME 'WITH. A BTIPULATIONTHAT- WE-WOULD VOLUNTARiLY. RELEASE, AND I THINK THE TERM WE USED IS RELEASE OUR CLAIM OF VESTED RIGHTS REGARDING THE PREVIOUSLY FILED APPLICATION, AND I THINK WE ARE ALL CLEAR ON WHAT WE MEAN." SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: (ON AMENDMENT) COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ~ ~ == ~' = '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- JULY 22, 2002 PAGE II OF26 Mayor Partyka said, "Mr. Garovitz, I believe you understand $12,500.00. You waive the right to a Vested - challenge." REGULAR D. 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). "MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MAYOR PARTYKA: AYE MOTION CARRIED. REGULAR E. Office Of The City Manager Requests That The City Commission ~ake An Appointment To J'he Metroplap_ Orlando Citizens' Advisory Committee, To Replace Mr. Robert J, Lochrane, P.E. Who Has Recently Resigned. Commissioner Blake stated, "I have a person, but I can't give his name tonight because he has not been able to get back to me yet, but he is supposed to this week." Deputy Mayor Gennell suggested, "Just put it on the next Agenda." Mayor Partyka advised the Commission that, "I got appointed as Chairman of the Municipal Advisory Committee which is all the Mayors etcetera - I now have a seat on the Metroplan Board." .:. .:. AGENDA NOTE: THE FOLLOWING "REGULAR - PART II" AGENDA ITEM WAS AGAIN DISCUSSED, AS DOCUMENTED. .:. .:. REGULAR D. 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). ~ --d =cs ~ t::::' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 120F26 "MOTION TO RESCIND THE PREVIOUS ACTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. "MOTION TO POSTPONE THE ITEM UNTIL THE NEXT REGULARLY SCHEDULED COMMISSION MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE:' THE FOLLOWING TWO (2) "REGULAR - PART II" AGENDA ITEMS-WERE DISCUSSEU TOGETHER.'.:"':.--' '.' ........ ..... .... REGULAR G. Office Of The City Clerk Requests That The City Commission Decide On The Following Appointments Or Reappointments For Terms Of Office Which Will Be . Expiring In July 2002 - Specifically Regarding Members Of The Code Enforcement Board; And The Terms Of Office Which Will Be Expiring In August 2002 - Specifically Regarding Members Of The Oak Forest Wall And Beautification District Advisory Committee. REGULAR H. Office Of The City Clerk Requests That The City' Commission Make An Appointment To The Code Enforcement Board To Replace Board Member Joanne Krebs Who Has Resigned From Serving On The Code Enforcement Board, And Who Has Recently Been Appointed And Reappointed To The Planning And Zoning BoardILocal Planning Agency. Commissioner Martinez stated, "This letter here from Commissioner Miller requesting that one of us appoint his choice for the Oak Forest Board, because Mr. [Tom] Helgeson has vacated the office, and he is recommending that one of us, if it possible or ~. ea ;~ ~ '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE I3 OF 26 permissible, appoint one in his behalf." Mayor Partyka then said, "You can nominate an appointment to go into his - yes." "I NOMINATE TERRY PATTEN FOR THE OAK FOREST WALL, IN PLACE OF COMMISSIONER MILLER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE WHO ADDED, "IT IS COMMISSIONER MILLER'S APPOINTMENT, AND HE DID LEAVE WITH US IN WRITING THE REQUEST TO DO THIS, UNDER HIS SEAT." DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE JIM PITTS WHO HAS ALREADY SERVED ON CODE ENFORCEMENT AND WISHES TO BE REAPPOINTED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMlISSIONER MARTINEZ. DISCUSSION ENSUED ON PROCEDURES FOR SUCH APPOINTMENTS. AS FOR THE APPOINTMENT PROCEDURE FOR THE CODE ENFORCEMENT BOARD, DEPUTY MAYOR GENNELL STATED, "THIS BOARD, CODE ENFORCEMENT HAS ALWAYS BEEN AN AWKWARD BOARD FOR A .CITY .COMMISSION .TO-nEAL- 'WITH."--UEPUTY-MAYOR-. GENNELL ADDED "I DON'T PARTICULARLY OBJECT TO CHANGING IT, BUT I DON'T KNOW IF WE WANT TO CHANGE IT IN ..MIDSTREAM BECAUSE OF THE WAY WE HAVE ALWAYS DONE IT. IF WE WANT TO SIT DOWN AND LOOK AT IT AS A POLICY MATTER, I COULD NOT AGREE MORE." "LURENE LYZEN IS ALSO ON THAT BOARD AND HAS SERVED THERE NINE (9) YEARS AND HAS REQUESTED TO BE REAPPOINTED - SO I WOULD NOMINATE HER." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. MAYOR PARTYKA STATED, "CALL THE VOTE FOR THE NOMINEE, JAMES PITTS." VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ~.. Ir-- . f:;i ~ c::::> = t=- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 14 OF 26 REGARDING ADDITIONAL APPOINTMENTS TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, IT WAS POINTED OUT THAT ALICE LOUISE ALLEN HAS ALREADY BEEN REAPPOINTED, AND THE ONLY VACANCY INVOLVES NOMINATING SOMEONE IN PLACE OF LORIE TAYLOR WHO DOES NOT WISH TO BE REAPPOINTED. REGULAR I. Office Of The City Manager Requests The Commission Review The Preliminary FY 03 Budget. "I MAKE A MOTION TO APPROVE THAT ITEM - WE ALREADY RECEIVED THE REPORT AND THE TRANSMITTAL LETTER FROM THE MANAGER." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR J. Office Of The City Manager Requesting The City Commission To Decide Issues Related To The City Managers Annual Review. "I MAKE A MOTION WE POSTPONE THIS TO THE NEXT REGULARLY SCHEDULED MEETING PER THE REQUEST OF COMMISSIONER MILLER WHO WANTED TO BE HERE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. ~ ~ ~ ~~ ==' ~ '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 15 OF 26 IV. CONSENT CONSENT A. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For State Road 434 Medians And Rights Of Way. . CONSENT B. Office Of The City Manager Requesting The City Commission To Authorize $241,687 From The I-Cent Local Option Sales Tax Funds To Fund A Portion Of The Cost Overruns On The Cross Seminole County Overpass Over State Road 434. CONSENT C. Finance Department Requesting The Commission Approve Resolution Number 2002-25 To Proceed With The Non-Ad Valorem Tax Assessment For Streetlighting Within The Country Club Village Subdivision. CONSENT D. Office Of The City Clerk Approval Of The July 8, 2002 City Commission Regular Meeting Minutes. CONSENT E. Information Services Department Requesting The Commission Authorize The City Manager To Enter Into A Contract With Orlando Business Telephone Systems (OBTS) To InstalllFiper Optic Cabling Between City Hall And Central Winds Park, Using SNAPs (State - Negotiated) Pricing. .:. .:. AGENDA NOTE: THE FOLLOWING "REGULAR - PART II" AGENDA ITEM WAS INCLUDED ON THE FOLLOWING CONSENT AGENDA VOTE, AS DOCUMENTED. .:. .:. FORMERLY LISTED ON THE REGULAR - PART II AGENDA Office Of The City Manager Requesting The City Commission To Adopt Resolution Number 2002-26 Requesting The U. S. Postal Service To Elevate The Current Branch Office Status Of Partial Service In The City To A Full Service Post Office Managed By The City's Own Postmaster. ~ ~ ~ ~ == ~ t:::f CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 16 OF 26 "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE CONSENT AGENDA WITH THE INCLUSION OF THE POST OFFICE ITEM ON THE CONSENT AGENDA, AS WELL - REGULAR 'M.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE NOT NECESSARILY DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. v. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion. INFORMATIONAL B. Public Works Department Updating The City Commission On The Status Of The Tuscawilla Lighting And Beautification District Project. INFORMATIONAL C. Public Works Department Updating The City Commission On The Status Of The Town Center Roads Project. INFORMATIONAL D. Finance Department Requesting The City Commission Review A Letter From The US 17-92 CRA Coordinator Regarding Changes In The US 17-92 Community Redevelopment Area Boundary. Discussion. ~ ~~ ~ t::::f CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 17 OF 26 "MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ STATED, "I WITHDRAW MY MOTION." INFORMATIONAL E. Community Development Department Requests The City Commission Consider Information About The Median Opening At The Entrance To Stone Gable. Mayor Partyka stated, "I think this is an issue that we as a Commission need to address - there are some real issues here 1 think that need to be discussed." "MOTION TO APPROVE INFORMATIONAL" AGENDA. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED.. , .,'-. " .. . ". . VI. PUBLIC HEARINGS PUBLIC HEARINGS A. Office Of The City Attorney Requesting The City Commission Consider An Ordinance Establishing Minimum Outdoor Lighting Development Standards. (This Agenda Item Will Be Available Friday, July 19,2002.) Attorney Garganese said to the Commission, "I am going to ask the Commission to postpone this until the next Meeting." Further, Attorney Garganese stated, "It will be back at the next Meeting." ~ rt-cI :;:a:I ~ t:=t CITY OF WrNTER SPRINGS MrNUTES CITY COMMISSION REGULAR MEETrNG - JULY 22, 2002 PAGE [8 OF 26 PUBLIC HEARINGS B. Public Works/Utility Department/Office Of The City Attorney Request The City Commission To Consider Second Reading Of Ordinance 2002-22 Relating To Access And Tampering Of City Utility Facilities By Amending Chapter 12 And Chapter 19 Of The City Code. Attorney Garganese read the Ordinance by "Title." 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. Commissioner Martinez pointed out that on Sec. 19-301. ~ - page 4 of6, "It says 'Duly authorized agents and employees of the city bearing proper credential and identification shall, during daylight hours or if called out after dark for emergency service, have free access to any premises...' Isn't that all encompassing." Much discussion ensued on the definition of "Premises." ~ ~ == ~ t:::f Attorney Garganese explained it was intended to mean the "Land around the building on which the infrastructure is located." Deputy Mayor Gennell suggested to Attorney Garganese, "What. ,if, .you say.., ~ Excluding... private. ..str.uctures1;.~~ ." Attomey.Garganese ". " .. ."~,,, .. .~..- suggested, "On land." Commissioner McLeod suggested, "Have free access to any utility structure for the purpose of examining and maintaining the condition." Attorney Garganese then suggested, "Free access to land on which the utility structure is located." Mayor Partyka then asked for input from the Commission. The consensus of the Commission was to go with the wording suggested by Commissioner McLeod - "Have free access to any utility structure for the purpose of examining and maintaining the condition." "I MOVE IT FOR ADOPTION - INCLUDING THE CHANGES." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. COMMISSIONER BLAKE ADDED, "THE MINOR SCRIVENER'S ERROR." DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 190F26 PUBLIC HEARINGS C. Not Used. PUBLIC HEARINGS D. Community Development Department - Land Development Division Presents To The Commission, In Its Capacity As The Development Review Committee (DRC) The Recommendation Of The Staff DRC As.It Relates To The Request Of Morrison Homes For Special Exceptions To The Town Center District Code To Allow Non-Operable Plastic Shutters At Avery Park. Mr. John Baker,. AICP, Current Planning Coordinator, Community Development Department introduced this Agenda Item. Deputy Mayor Gennell asked, "Do they have an Architectural Review Committee in that subdivision?" Deputy Mayor Gennell explained, "I just would like to be assured that there is an Architectural Review Committee that reviews any modifications made to the front of those buildings, by the owners in the future." Attorney Garganese said to Deputy Mayor Gennell, "I cannot recall whether they had an ARB [Architectural Review Board]. I have the documents in my office, the recorded copy - call me tomorrow and I can tell you for sure." Tape 3/Side B 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 APPROVE REQUEST." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER BLAKE INQUIRED, "HAVE EACH OF THOSE STEPS BEEN COMPLIED WITH?" DISCUSSION. COMMISSIONER MARTINEZ SUGGESTED THAT "IN THE FUTURE, WHEN YOU USE 'VARIANCE' WITH THIS 'SPECIAL EXCEPTION,' YOU CREATE A LOT OF HASSLES." COMMISSIONER BLAKE THEN REFERRED TO THE TOWN CENTER CODE AND ASKED ABOUT THE CRITERIA REQUIRED TO BE INCLUDED FOR REVIEW FOR "SPECIAL EXCEPTIONS." Deputy Mayor Gennell departed the Meeting at 10:41 p.m. ~ ~ =cs i;i t::::' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 20 OF 26 "I WOULD LIKE TO AMEND THE MOTION TO PROVIDE FOR APPROVAL OF THIS ITEM SUBJECT TO STAFF COMING BACK TO US WITH A REPORT OF REVIEWING EACH OF THE SIX (6) ITEMS THAT ARE REQUIRED UNDER II B OF THE SPECIAL EXCEPTION AREA, TO LET US KNOW THAT EACH OF THOSE DO IN FACT COMPLY." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. COMMISSIONER McLEOD ASKED FOR THE AMENDMENT TO AGAIN BE STATED. "MY MOTION WAS TO AMEND IT, TO MAKE THE APPROVAL SUBJECT TO STAFF REVIEWING THE SIX (6) ITEMS THAT ARE REQUIRED IN THE REVIEW PROCESS, SECTION II B OF OUR CODE." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONR MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION DID NOT CARRY. VOTE: (ON THE MAIN MOTION) COMMISSIONERoMcI:.EOD:~A:YE'~. ~ 0.00 ..~..'..,,~... ... ... .. .. ... .. '-. . COMMISSIONR MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE ITEM WITH STAFF GOING BACK AND REVIEWING TO MAKE SURE ALL DOCUMENTS ARE THERE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka called a break at 10:48 p.m. The Meeting reconvened at 10:54 p.m. i! --cI :;x:I ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 21 OF 26 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR - PART II AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:..:. VII. REGULAR - PART II (NEW AGENDA ITEMS FOR TillS MEETING) REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Lori Bosse, 1004 Gator Lane, To Waive The Fee And Procedure For A Request For A Variance From The Fence Code. Manager McLemore introduced this Agenda Item. Brief discussion. "I WOULD RECOMMEND THAT WE DENY THE REQUEST ON BOTH COUNTS - I WILL MAKE THAT MOTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISC1,JSSION. COMMISSIONER MARTINEZ ASKED MANAGER McLEMORE, "WHY WAS n.R HORTON PERMITTED TO PUT UP A SIX FOOT (6') STOCKADE FENCE IN GREENBRIAR?" MANAGER McLEMORE STATED, "I DON'T KNOW THE ANSWER TO THAT QUESTION." COMMISSIONER MARTINEZ THEN STATED, "IT "IS -IN THK BACK;' BUT-IT~RUNS~TO THE'STREET"ON SOME".. SIDES - EVERY BLOCK HAS A DIVIDING FENCE THAT IS SIX FOOT (6') TALL." COMMISSIONER MARTINEZ ADDED, "CHECK IT OUT." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka stated that "Based on the Motion, the request was denied." REGULAR B. Finance Department Requesting Authorization To Piggyback Ofr Of The City Of Casselberry's Contract For Meter Reading Services. Ms. Louise Frangoul, Finance Department Director addressed the City Commission on this matter. ~ ~ == ~ t::I CITY Or: WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22. 2002 PAGE 22 OF 26 Discussion ensued on preventing damage and the safekeeping of the City's hand-held devices. Mr. Oscar A. Varons, Manager of Meter Reading Services, Severn Trent-Avatar Utility Services. LLC, 4891 NW 103 Avenue. #14, Sunrise, Florida: addressed the Commission's questions. Commissioner McLeod asked, "What is in the clause of the contract then for damage? Is there a damage clause?" Ms. Frangoul stated, "I believe Oscar [V arons] just mentioned that. If it was negligence, they would be responsible for normal type repairs." Further disc.ussion. Mayor Partyka stated it was 11:05 p.m. and asked for the Commission's direction regarding the status of continuing the Meeting. "MOTION TO SUSPEND THE RULES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Office space, staffing and the "Piggybacking" of the contract was next discussed. Commissioner Blake spoke of his concern with the contract and Purchasing guidelines. Furthermore, Commissioner Blake inquired, "The question is to whether or not the contractor would honor the contract that is outstanding there - we are talking a $1,300.00 difference?" Mr. Varons responded, "I will deal with the other 400 that are touch. That's no problem, but the 400 radios - I mean, when we first talked we even said, they weren't sure if they wanted us to read them or not? So I am saying, keep those." Commissioner Blakeasked, "Where are these located?" Mr. Varons stated, "Backyards." Ms. Frangoul added, "I would prefer that we pay the higher rate and do that." Commissioner Blake then stated, "I think we could find a special issue there - if they are in the back yards and pay the higher rate on the radio reads - because of the accessibility issue, it is a trade-off there I think. But, if you give us the - touch reads - on the other 400..." Mr. Varons stated, "The touch read - that's fine." Commissioner Blake then said, "...The touch read, the .507 and then .645 on the rest of them..." Mr. Varons stated, "That's fine..." Commissioner Blake added, "... Then I think I could live with that. I think that would be in compliance with the existing contract that is outstanding, due to the additional. .." ~ ~ ~ ~ ~ ~ t:::' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 23 OF 26 "THAT IS MY MOTION - IS TO APPROVE THIS BASED ON .507 ON THE TOUCH READS, NUMBERING ABOUT 400 METERS AND ABOUT - 64.5 CENTS RATHER ON THE REMAINING MANUAL AND RADIO READS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR D. Not Used. REGULAR H. The Finance Department Requesting The City Commission Approve Resolution Number 2002-23, Computing The Proposed Millage Cap For Fiscal Year 2002-2003, Establishing The Rolled- Back Rate And Setting The Date, Time And Place Of A Public Hearing To Consider The Tentative Millage Rate And Tentative Budget For Fiscal Year 2002-2003. Discussion. Tape 4/Side A "MAYOR, I WOULD MOVE THAT WE SET A SPECIAL MEETING TO SET THE TENTATIVE MILLAGE RATE." THE CONSENSUS OF THE COMMISSION WAS TO MEET AT 5:30 P.M. ON JULY 29TH, 2002. MOTION CARRIED. REGULAR L. Office Of The City Manager Requesting The City Commission To Review And Consider For Adoption Resolution 2002-24 Establishing The Ad-Hoc Tree (Arbor) Ordinance Citizen Study Committee. "I MAKE A MOTION TO ADOPT RESOLUTION 2002-24 ESTABLISHING THE AD-HOC 'TREE (ARBOR) ORDINANCE CITIZEN STUDY COMMITTEE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ~ ~ ::x:s ~ '=' , CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22. 2002 PAGE 24 OF 26 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. IX. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 11 :27 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. VII. REGDrAR ~ -PART If' (NEW' AGENDA ITEMS FOR TillS MEETING) REGULAR A. Public Works Department Having CPH Engineers, Inc. Present The Streetscape And Landscape Design For Tuskawilla Road And Hickory Grove Boulevard. REGULAR E. Community Development Department Requests Direction From The City Commission On Funding ADA Para transit Services In FY 2002 To 2003. REGULAR F. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Enter Into A Contract With Government Services Group, Inc. To Perform An Overhead Cost Allocation Plan, User Fee Analysis Of Building Code, Planning, And Development Review Fees And To Provide A Supplemental Appropriation Of $33,000 To Fund The Study. ~ ~~ t:x:I ~ t:::f CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22. 2002 PAGE 25 OF 26 REGULAR G. Parks And Recreation Department / Fire Department Requesting The City Commission To Discuss Senior Transportation And To Provide Further Direction. 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. 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 Been Removed From Several Of The City's Advisory Boards/Committees As A Result Of Exceeding The Permitted Number Of Absences, In Accordance With The Code Of Ordinances. 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. VIII. 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 ~ ~ :;x:J ~ It::::' '- REPORTS E. Commission Seat Three - Edward Martinez, Jr. CITY OF WINTER SPRINGS M [NUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 26 OF 26 REPORTS F. Commission Seat FourfDeputy 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 APPROVED: PAUL P. PARTYKA MAYOR NOTE: These Minutes were approved at the , 2002 Regular City Commission Meeting. ~ ~ :;1:1 ~ t:::'