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HomeMy WebLinkAbout2000 08 14 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 14,2000 I. CALL TO ORDER The Regular Meeting of August 14,2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:32 p.m. A moment of silent prayer was followed by the Pledge of Allegiance. Mayor Partyka stated, "I just want to note for the record, as Commissioner Michael S. Blake said, that was the finest Pledge of Allegiance he's ever heard, during the times that we've had these Commission meetings." Agenda Changes: It was suggested that Regular Agenda Item "D" be moved up; that Consent Agenda Item "J" be pulled off the Consent Agenda and moved to the Regular Agenda; and there were questions on a couple of Consent and Infonnational Agenda Items. Also requested was that the two Code Enforcement Agendas be handled together. Attorney Anthony A. Garganese arrived at 6:32 p.m. Signing Ceremony A signing ceremony took place with Mayor Partyka, City Manager, Mr. Ronald W. McLemore, City Attorney Garganese, and Mr. Shane Doran of the James Doran Company. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 2 OF 24 Presentations Ms. Terry Rose, Director Of Community Relations, Seminole County Better Living For Seniors, Would Like To Make A Presentation To The City. Her Goals Are To Make The City Of Winter Springs Aware Of The Many Programs Available For Seniors, And To Ask The City Of Winter Springs For Its Support Of This Program. Ms. Rose spoke about this program which provides "Meals on Wheels" to area seniors, and asked that we appropriate funds to assist with this effort. Commissioner Edward Martinez, Jr. suggested that the City Manager review the budget and see if "We would be in a position to grant her request." Mayor Partyka announced that Commissioner Martinez was just "Appointed by Governor Bush to the Board of Corrections." II. PUBLIC INPUT Mr. Patrick 0 'Neill, 897 Stirling Drive, Winter Springs, Florida: spoke of his concern with possible damage to the berms at the perc ponds. Mr. Richard Grogan, 697 Aberdeen Lane, Winter Springs, Florida: spoke of a survey and his support of the "Grizzlies." Ms. Holly Heath, 501 Erica Way, Winter Springs, Florida: gave a package of photographs to members of the Commission showing excessive parking problems In early August, and was opposed to the Grizzlies use of the perc ponds. Mr. William P. Jones, 501 Erica Way, Winter Springs, Florida: opposes the Grizzlies use of the perc ponds. Mr. Don Rowe, 1701 Galway Court, Winter Springs, Florida: spoke about the educational standards and family involvement with this League. Mr. Micheal DiDomenico, 969 Sequoia Drive, Winter Springs, Florida: addressed the initial parking problems and working with the City's Parks and Recreation Department. Mr. John Sullivan, 1888 Meadowgold Lane: as President of the Winter Springs Grizzlies, he spoke about the existing contract, and read an excerpt from a petition. Ms. Susan Hancock, 761 Blades Court, Winter Springs, Florida: pleased with the good use of these perc ponds, by the Grizzlies. CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 3 OF 24 Ms. Lori Birchell, 1121 ShadowBrook Trail, Winter Springs, Florida: commented on the Winding Hollow and Shepard Road Parks. Mr. Mike Lammert, 410 MacGregor Road, Winter Springs, Florida: as President of the Highlands Homeowners Association, he stated that officially "We haven't really discussed it" and stated, "Basically for the record, what we'd like to do is sit down with the City Manager and the different departments of the City, look at the future uses of this, and as far as the decision of future current use of this, I would - defer that decision over to the City Manager and what his suggestion is on that." Mr. Borron Owen, 860 Dyson Drive, Winter Springs, Florida: spoke of a signed contract and the Grizzlies' activities. Members of the Commission discussed the planned upcoming practice dates and other events planned for this organization. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:..:. VI. REGULAR REGULAR D. Parks And Recreation Department Requesting That The City Commission Continue To Allow The Grizzlies To Use The Area Near The Perc Ponds On Shepard Road With All Four (4) Teams And Cheerleaders Or Relocate A Portion Of The Grizzlies To Practice At The Passive Area Of Central Wind Winds Park. Discussion. Tape 1/Side B Deputy Mayor Cindy Gennell suggested, "Sometime, toward the end of this season, that it is time for the City to sit down with that Homeowners Association and the Parks and Recreation Department, and determine just exactly what is the impact on that area." Commissioner David W. McLeod stated that he would "Like to see is a listing (and tract sizing) of both potential parcels that we have." Commissioner McLeod further said to the City Manager, "I'd like you to direct the Parks Director to do that, bring it back to the Commission, also with the probability that there is a usage. If there is no usage in this tract ofland, then we need to know that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 4 OF 24 Commissioner McLeod then stated that he was also interested in knowing "How many acres actual usable land are we presently using at the perc ponds - that are the practice fields - approximately?" Discussion also covered the status of the Parker property. Commissioner McLeod then suggested that the President of the Grizzlies, our City Manager, our Mayor, and the City's Parks and Recreation Department Director contact the School Board regarding possibly using the 30 acre property on State Road 419, (slated as the site of a new school) for practice fields. Commissioner McLeod stated, "Mr. McLemore, I would like us to follow through with that and see what the potential" of this might be. Commissioner McLeod also stated that "The other thing that I would like to see here is - I would like to see the City Manager, I'd like to see the Parks Director along with the President and Directors of the Highlands and the President of the Grizzlies, to continue to work together - and it sounds like there has been support by the Highlands - but to work together and put a group together that has representatives from each entity, to continue to work forward to be able to continue to use the perc ponds on Shepard Road, for all the teams and the cheerleaders, if there is any possible way." Commissioner Robert S. Miller suggested that the City confer with the owner of the property located on "Shepard Road - west of the elementary school." Commissioner Blake suggested that the "Plante" property might be an alternative solution, and asked that this be considered. Deputy Mayor Gennell suggested that after school hours, Highlands Elementary School might be a location for the cheerleaders to practice. Other suggestions included Moss Park and some of the easements owned by power companies, which should also be considered. "I'D RECOMMEND THAT - DEFINITELY FOR THIS YEAR, FOR THE NEXT COUPLE OF WEEKS, TO CONTINUE THE FOUR TEAMS AND THE CHEERLEADERS, AT THE PERC PONDS, AND THAT, IN THE FUTURE, TO GO FORWARD, THAT I WOULD LIKE TO SEE THE PRESIDENT OF THE HIGHLANDS - THE DIRECTORS OF THE HIGHLANDS, THE PRESIDENT OF THE GRIZZLIES, OUR PARKS DIRECTOR, CITY MANAGER - TO BE ABLE TO SIT DOWN, GET TOGETHER, AND SEE WHAT WE CAN WORK OUT SO THAT AS WE MOVE INTO THE NEXT SEASON, WE'RE NOT SITTING HERE WITH A PROBLEM BETWEEN THE HOMEOWNERS ASSOCIATION AND THE CITY AND THE GRIZZLIES." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION ENSUED ON THE POSSIBILITY OF USING THE KINGSBURY PROPERTY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 5 OF 24 Mayor Partyka suggested that the "Leaders of the Grizzlies go and take one of those neighbors and ask them to'join to see if again, for the next couple of weeks - you guys can work together a little bit. And it's not a bad idea to listen from their side just a little bit; and maybe there are some things that you could do to just soften it over the next couple of weeks." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka called a break at 8: 13 p. m. The Meeting was called back to order at 8:27 p.m. Commissioner Martinez read a document into the record (see Attachment "A.") Deputy Mayor Gennell said to Mayor Partyka, that "When we were passed out that handout previously with the Grizzlies, that there was one for the whole Commission, and it had good quality photographs on it. It would have been good probably at that time to have put something like that, under the overhead, so that the people who were here, could have appreciated some of those pictures they didn't realize what that neighborhood looked like before they impacted it." Mayor Partyka added, "I agree." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL "PUBLIC INPUT" COMMENTS WERE NEXT HEARD. .:. .:. II. PUBLIC INPUT Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: read a document to the Commission (which dealt with the following verbatim discussion). Mayor Partyka: "Okay, Commissioner Blake." Commissioner Blake: "Ms. Scarlata. Did you cite the section of the Florida Statutes, in the beginning of that?" Ms. Scarlata: "That was straight out of the 'Government In The Sunshine Manual' - 1999." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 6 OF 24 Commissioner Blake: "Typically though, it would refer to a Section in the Florida Statutes." Ms. Scarlata: "Yes, if you have a 'Government In The Sunshine Manual' handy, I can refer - I can open the page up for you." Commissioner Blake: "Are you familiar with the section that she is talking about?" Attorney Garganese: "Yes. There was a requirement that there be public hearings for settlement agreements in excess of five thousand dollars, by a governing agency - was a defendant in the lawsuit - that has been repealed." Ms. Scarlata: "That - but it - is not retroactive. .." Attorney Garganese: "First of all, I wasn't the City Attorney..." Commissioner Blake: "I understand..." Attorney Garganese: "I don't know anything that. . ." Commissioner Blake: "I understand. . ." Attorney Garganese: "I was going back at that time, but - the Statute that she may be referring to has been repealed, in 19..." Ms. Scarlata: "I have information about that too." Mayor Partyka: "Okay - one, one at a time. Let's just get..." Commissioner Blake: "...If it was repealed in 1999, then that means anything prior to the time it was repealed, we would have had to fall under those requirements." Attorney Garganese: "Again, I wasn't here..." Commissioner Blake: "...1 understand. I understand. . ." Attorney Garganese: "I don't know if - the general matter of those meetings, or the full details. " Commissioner Blake: "Okay. I would like to ask that you find out whether or not we did comply with the letter of the law, back then, as it would have applied, first. Secondly, if we did not - where does that leave us today? Thirdly, if Mr. Manager or the Clerk, if we could research the meeting that apparently has no minutes; I think I know the answer to that. I think the meeting didn't occur. It was announced and scheduled, but was cancelled prior to it being held. That's my recollection, but..." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 7 OF 24 Manager McLemore: "That's my recollection..." Commissioner Blake: ". ..But - but we'll check it out and find out; and I think that's all of my questions." Mayor Partyka: "Okay. I have a - just a couple.. .well then, Commissioner Gennell." Deputy Mayor Gennell: "I am interested in the question of - when the confidentiality clause was included." Mayor Partyka: "Okay. In reference to Public Input and Executive Sessions, were we following what we were supposed to be doing?" ?: inaudible. Mayor Partyka: "You're referring to - you refer to Public Input - I'm sorry - to Special Meetings. Okay." Attorney Garganese: "With respect to the Special Meetings that we've had since I've been City Attorney, I believe we've complied with the Florida Statutes..." Mayor Partyka: "Okay. Okay" Ms. Scarlata: "About providing Public Input at Special Meetings?" Mayor Partyka: "I can't speak specifically, all I can speak to is that we - at least I've tried to follow everything based on the consideration of the City Attorney here, so what we're trying to do is do everything the way it's supposed to be done..." Ms. Scarlata: "Well, Robert's..." Mayor Partyka: ".. .If..." Ms. Scarlata: ". . .Rules, I believe indicates that at a Special Meeting - the only difference between a Special Meeting and a Regular Meeting..." Mayor Partyka: "Right..." Ms. Scarlata: ". ..Is the timing, but otherwise, the meetings are carried practically the same." Mayor Partyka: "Okay. I can't speak for the past, I - just don't know. We try to do the best we can in running all the meetings and I can't speak for every single Special Meeting that we've ever had." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 8 OF 24 Ms. Scarlata: "I was just referring to the July 1 ih one. We have plenty of minutes where you've allowed other people to speak at SpeciaL.." Mayor Partyka: "Okay." Ms. Scarlata: ".. .Meetings." Mayor Partyka: "Okay." Ms. Scarlata: "I just think that was an error of judgement on your part." Mayor Partyka: "Okay." Ms. Scarlata: "I mean at this point, you have, you have in Winter Springs a great deal of people that have moved in the last two or three years, and you always - you have to be more open than the past; the public isn't stupid. They know something's wrong here and the only way that you can separate yourself from the past is to start following the letter of the law, in a way that you do not provide the public with reason to doubt your judgement." Mayor Partyka: "Okay, thank you. Commissioner Gennell." Deputy Mayor Gennel/: "No - I'll just speak to Mr. Garganese later." Mayor Partyka: "Okay. Commissioner Martinez." Commissioner Martinez: "I just wanted to tell Terry that I wasn't here during the dates that she mentioned, up to December 7, 1997, and that I take exception to the remarks that we are doing something wrong, because I'm not doing anything wrong here. Thank you. " Mayor Partyka: "Okay. Anything else?" Ms. Scarlata: "I do have the information from Mr. Garganese about the Conflict Resolution Act - that's what he is referring to. I can inform all of you all, as I only have a paragraph - it's very good information because, this is, you know - he is correct, this is up in the air, but I don't think that he is interpreting it correctly, because I have talked to the office of the State Representative that sponsored the program, and, or the bill and the Department of Community Affairs and both of them have egg on their face. And if you'd let me just read it real quickly, it will give you the background and information..." Mayor Partyka: "Might as well read it, and then you've got a request for some public records. . . " Ms. Scarlata: "Yeah, it's just data - it's just data. .." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 9 OF 24 Mayor Partyka: "You wanted some information on public records..." Ms. Scarlata: "Yeah, I just want to make sure that I came here with the proper information and there is a meeting that's missed in - you know, in have to apologize..." Mayor Partyka: ".. .Apologize..." Ms. Scarlata: "I will apologize, but if I - it is not - then I feel my statements are. . ." Mayor Partyka: "Okay." Ms. Scarlata: "Fair. Okay. 'The Conflict Resolution Act was passed in the House on April 26th, 1999 and signed by the Governor on June 8th. It goes by the number HR 223 and Senate Bill 1076. After the law was passed, a request was made to the Attorney General's Office to interpret a clause in the new law. The results are summarized in this brief statement from the February issue of the Brechner Report. The law was intended to implement a mediation process for government agencies, but in the processes it also repealed a provision that city and county governments approve any lawsuit settlements for more than five thousand at public hearings. State Representative Lee Constantine from Altamonte Springs, the sponsor of the Bill has asked legislative attorney's to research the effect of the Bill. The Bill was not intended to allow local government to hide anything from the public, according to the legislature. As of today, an attempt has been made - one attempt has already been made to repeal the law and return it to it's original intent. It was added to a rider called the Growth Management Act - but the Growth Management Act did not pass. Both the Department of Community Affairs and a representative from Lee Constantine's office, stated that they continue to work to correct this oversight." Mayor Partyka: "Okay. Thank you. And you've already got the instructions to clarify this position." Attorney Garganese: "Okay." Mayor Partyka: "Okay. Thank you. Leonard Battles." Commissioner McLeod: "Mayor..." Mayor Partyka: ". .. Yes, Commissioner McLeod - Oh, I'm sorry..." Commissioner McLeod: "Could I ask that this portion of the minutes - of Terry's input here be typed out verbatim, and passed out to the Commissioners here." Mayor Partyka: "She has a copy over there. . ." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 10 OF 24 Commissioner McLeod: "Oh, I understand that. But, I would like to have it typed out so that - you have a copy of what she just read. Okay." Mayor Partyka: "Right. Right." Commissioner McLeod: "Okay." Mayor Partyka: "That's what you want - is that correct?" Commissioner McLeod: "I would like to have that run off so that each Commissioner gets it in their box. Thank you." Mayor Partyka: "Very good. Okay. Thank you. And, Leonard Battles." Mr. Leonard Battles, 745 Sherwood Drive, Winter Springs, Florida: inquired about commercial vehicles enforcement. Mayor Partyka asked if Ms. Jimette Cook, Code Enforcement Manager could meet with Mr. Battles and discuss his situation. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: encouraged the Commission to find money for the Meals on Wheels program; and as a Director of the Tuscawilla Homeowner's Association (THOA), asked if signs regarding community meetings could be allowed to notice their meetings. Tape 2/Side A Discussion. Commissioner Martinez spoke about "An exception granted for the one twenty- four period, for these signs to be put up and then picked up and removed immediately, the next day after the meeting was over." Commissioner Martinez further stated, "The Ordinance always prohibited signs in the right-of-way always, but there was an exception granted by this body, okay for years. It's only now recently that this has started, and I'd like to know why, ifit can be continued, that we continue. Leave it up to the Commissioners." Commissioner Blake stated, "I would love to hear from the City Attorney about his feelings on 'Regulation of Content' and what the Supreme Court has thought about in attempts of doing that, in the past." Attorney Garganese stated, "Your Ordinance just simply provides that no sign shall be placed in a city controlled right-of-way, with the exception of directional signs. So you have a blanket prohibition on signs in the rights-of-way, like some of the Commissioners have indicated." Attorney Garganese further stated that "A blanket prohibition allows you to keep your right-of-way clean. It also keeps the legal argument, or it reduces the amount of legal arguments that can be made, because a blanket prohibition of signage in public rights-of-way is constitutionally permissible." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 11 OF 24 Commissioner Blake inquired about certain types of signs and stated, "Maybe we need to look at the Ordinance more carefully, based on your reading of it." Ms. Joanne Krebs, J 002 Taproot Drive, Winter Springs, Florida: asked for assistance with notifying the public about the Civic Association's upcoming Holiday Parade. Manager McLemore agreed that this information would be printed in an upcoming water bill and in the City's newsletter. Ms. Maryanna Christy, 504 George Street, Winter Springs, Florida: inquired about excess parking on George Street. Discussion. Chief of Police, Daniel 1. Kerr said, "We want everyone to park in the grassy area - no tickets have been given out." Chief Kerr further stated that, "Whatever the City Commission decides here tonight, whatever way that we can make it safe for everyone there, and still get the cars off the streets, so the emergency vehicles can get through there." Manager McLemore said, "It appears that we've got to come up with some kind of surface treatment, across the street; and actually I thought we were in the process of establishing all that - and I need to check where that is." Mayor Partyka asked that the City Manager should "Find out what we have to do." Commissioner McLeod clarified that "The Police Chief is saying that, right now, it's illegal to park on the sidewalks, you can park in your driveway, other than that, you can park across the street, until the Manager comes back with recommendations - back to the Commission. I'd just like these people to understand - to make sure they understand what the Chief said." Mr. Lyle Christy, 504 George Street, Winter Springs, Florida: asked that a speed limit sign be placed on George Street. Mayor Partyka said, "We'll also look into that." Manager McLemore agreed to check into this matter. Mr. Mervin Warner: 673 Keuka Street, Winter Springs, Florida: asked about the lack of enforcement of vehicles parked in the right-of-way. Discussion. Mr. Warner also inquired about the City Charter - and stated, "I would like to know what the City Council is going to do about revisiting this City Charter in order to preempt this thing that is taking place, about going on the ballot." Commissioner McLeod stated that "Tonight, under my seat, I intend to speak on that issue and I intend to ask the City Manager to bring the Charter back on schedule, so that we can start reviewing it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 12 OF 24 Mr. Bob Rode, 617 David Street, Winter Springs, Florida: spoke about the issue of parking on George Street, and stated, "Why should they get a free parking area, when I had to spend a thousand dollars to widen my driveway?" The "Public Input" portion was closed. III. CONSENT CONSENT A. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For Development Of Trotwood Park. CONSENT B. Deputy Mayor Gennell Asking The City Commission To Pass Resolution Number 2000-26 In Support Of Dedicating Five Additional Cable Channels For Educational And Local Government Purposes. CONSENT C. Office Of The Mayor Resolution Number 2000-25, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To George Morris For His Service On The Tuscawilla Lighting And Beautification District Advisory Committee. CONSENT D. Office Of The City Clerk Approval Of The Minutes Of The June 26, 2000 Regular City Commission Meeting. CONSENT E. Office Of The City Clerk Approval Of The Minutes Of The July 3, 2000 Special City Commission Meeting. CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The July 10, 2000 Special City Commission Meeting (The Continuation Of The June 26, 2000 Regular Meeting). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 13 OF 24 CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The July 10, 2000 Regular City Commission Meeting. CONSENT H. Office Of The City Clerk Approval Of The Minutes Of The July 17,2000 Special City Commission Meeting. CONSENT I. Office Of The City Clerk Approval Of The Minutes Of The July 24, 2000 Regular City Commission Meeting. Brief discussion. CONSENT J. City Manager Requesting The Commission To Authorize Underwriters For The Utility Fund Bond Issue. * Commissioner Martinez stated that he "Questioned the building of a home by D.R. Horton at 950 Torrey Pine Drive, some time ago - and my question is - what I would like - for the Building Division - to produce the final engineering for this property, lot 87." After further discussion, Commissioner Martinez stated that he would bring this matter up under his seat. *Mayor Partyka stated, "And at this point, on Item 'J' on the Consent Agenda, we're going to put that on the Regular Agenda, so given that, if there are no other questions, I'm looking for a Motion to approve the Consent Agenda?" "SO MOVED." MOTION TO APPROVE THE CONSENT AGENDA BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE ADDED, "THAT'S TO APPROVE THE CONSENT AGENDA, LESS ITEM 'J.'" MAYOR PARTYKA STATED, "LESS ITEM 'J,' YES. " VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 14 OF 24 IV. INFORMATIONAL INFORMATIONAL A. Community Development Department - Code Enforcement Division Requests The City Commission Consider Information Regarding Regulation Prohibiting Distribution Of Printed Material On Vehicles. Brief discussion. INFORMATIONAL B. Parks And Recreation Department Notifying The City Commission Of The Department's Intent To Conduct A Family Fitness And Fun Day At Central Winds Park On August 26, 2000 From 11 :00 A.M. Until 2:00 P.M. INFORMATIONAL C. Office Of The City Clerk Requests The City Commission Review This Agenda Item For Information Regarding Some Of The Preliminary Details And Dates Pertaining To The Upcoming City Election, Including The Submittal Of Updated Versions Of Forms, That Will Become Part Of The City's Qualifying Packet. Discussion. Deputy Mayor Gennell asked that the following items also be included in each Election Qualifying Packet: · the handbook from the Supervisor of Elections. · the finding from the City Attorney, "That a person that serves on an HOA board can exercise the office of a City Commissioner without any repercussions, or without resigning from his Homeowner Association Board, or anything else." · the finding regarding "That a person - currently serving on a City Board, need not resign in order to run for office." · State/Federal information pertaining to the prohibition against destroying and defacing, etc. political signs. Regarding the last item, Commissioner Martinez stated, that the "U.S. Civil Code - V oters Rights Act of 1965" applied to this matter. As for the two (2) "sample" City and District Residency forms, Mayor Partyka stated, "Mr. Garganese, could you look into that and just come up with something that's much more efficient, if anything." Mayor Partyka stated, "Looking for a Motion to approve the Informational Agenda?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 15 OF 24 "SO MOVED." MOTION TO APPROVE THE INFORMATIONAL AGENDA BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Land Development Division Presents To The Commission For Their Action The Second Reading Of Ordinance Number 2000-23 Which Will Vacate And Abandon A Portion Of Stoner Road. Attorney Garganese read Ordinance Number 2000-23 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ORDINANCE NUMBER 2000-23 WHICH IS ITEM 'A' ON TODAY'S AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 16 OF 24 PUBLIC HEARINGS B. Finance Department Requesting The City Commission Hold A Public Hearing On The Non-Ad Valorem Tax Assessment For Streetlighting Within The Country Club Village Subdivision And Provide Directions As Deemed Appropriate. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake asked about the "Amount on this for the adjustment for the early payment discounts - is that based on a formula or due to experience?" Manager McLemore said that he would check on this matter. "MAYOR, I'D LIKE TO MAKE A MOTION TO TABLE ITEM 'B.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2000-22 Annexing 5.644 Acres More Or Less Of The L.D. Plante Property. Attorney Garganese read Ordinance Number 2000-22 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION TO APPROVE ORDINANCE NUMBER 2000-22, ITEM 'c' ON THE PUBLIC HEARINGS AGENDA FOR TODAY." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 17 OF 24 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2000-24 Annexing 0.836 Acres More Or Less Of The Seminole Pines Associates, Ltd. Property. Attorney Garganese mentioned that a different Ordinance had been included in the package and stated "As you recall, the first reading of the Ordinance that I passed out amended the Ordinance, putting it into proper form so, I'm going to read that Ordinance into the record." Attorney Garganese further stated that "The Ordinance that I'm going to read into the record was the Ordinance that was advertised for second reading, so I'll read it in by 'Title' only." Tape 2/Side B Discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE 2000-24 ANNEXING 23.6 ACRES MORE OR LESS, ANNEXING 0.836 ACRES MORE OR LESS OF THE SEMINOLE PINES ASSOCIATES, LTD. PROPERTY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 18 OF 24 PUBLIC HEARINGS E. City Manager Requests The City Commission Hold A Public Hearing For The First Reading And Consideration Of Ordinance 2000-27 Which Will Initiate The Annexation By Referendum Of The Dyson Drive Area. "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-27 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: asked about the referendum process. The "Public Input" portion of this Agenda Item was closed. Attorney Garganese stated, "Mr. Greenwood gave me a copy of a sketch - description of the Dyson area that was prepared by a surveyor, and that will be attached also as Exhibit 'A' with the legal description. Thank you." "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 19 OF 24 VI. REGULAR REGULAR A. Community Development Department - Land Development Division Requests That The Commission Approve The Recordation Of The Plat And Supplemental Covenants For Parkstone Unit 2. Discussion. Mr. Ed Cassick with Centex Homes: discussed the improvements to the east side of the entry, at the north side of State Road 434, and stated that "Work shifts start this week, if not, the first of the following week to correct the drainage problem along 434." "I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE RECORDATION OF THE PLAT AND SUPPLEMENTAL COVENANTS OF PARKSTONE, UNIT 2." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: *THE FOLLOWING AGENDA ITEM WAS PREVIOUSLY LISTED AS CONSENT AGENDA ITEM "J" AND WAS MOVED TO THE REGULAR AGENDA. THIS AGENDA ITEM WAS DISCUSSED NEXT. .:. .:. City Manager Requesting The Commission To Authorize Underwriters For The Utility Fund Bond Issue. Discussion. Commissioner Blake handed out information to those on the dais regarding the background and ranking of different firms. Mr. Bill Leedy, 2025 Siesta Lane, Orlando, Florida: representing the William R. Hough Company, he advised the Commission about his interest in handling this project. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 20 OF 24 Commissioner McLeod stated, "Mr. Leedy had come to his office; called me and made an appointment to come to my office, basically the conversation was, he expressed the same concerns as he just did right now. Okay. Nothing else was talked about." Commissioner Martinez stated, "Ditto, we met in the office in the back last week. He requested that I meet him, and I did." Mayor Partyka stated, "Let the record show also, Mr. Leedy called - on the very same issue. " Mr. Jeff Larson of Hanifen, Imhoff: spoke on the accomplishments of this firm and stated for the record that "We understand your policy and we chose purposefully not to contact the elected officials in this regard, but we're here to answer any questions that you might have." Deputy Mayor Gennell stated, "I'll acknowledge also that I was contacted by Mr. Leedy and - he alluded to the same things, and I have the same type of information in front of me that was before me a couple of years ago." Deputy Mayor Gennell also stated, "That if there is a problem with the way this was presented or understood by this Commission, maybe there is another better way to present these kinds of Consent Agenda Items, in the future. " Commissioner Blake stated, "I also had an opportunity to speak with the gentleman from Hough, down in Ft. Lauderdale, but he didn't call me. I ran into him in the hallway, and I asked him, after I was queried by the Manager, whether or not he had called me. And at that time, he had not. So any contact between myself and him is a contact that I initiated at a breakfast meeting that I was at." Commissioner Miller stated, "I would also like to go on the record that I was contacted by telephone, I did not take the call, and I have not spoken with any of these gentlemen." Further discussion ensued. Commissioner Martinez stated, "Point of Order. I think we've heard enough of this interest to possibly move this along, because actually this dissertation by my fellow Commissioner is very enlightening, but it has nothing to do with this vote." Discussion. Mayor Partyka stated, "I'll go on record at this point - in my mind, both firms are reputable. I find nothing other than they're both honorable companies, and I cannot sit here and listen to, in effect, dispersions against both companies, without seeing things in black and white, without understanding the much, much deeper issue. I personally think we're going real deep into this in areas that I don't think we are prepared to handle." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 21 OF 24 "I AM PREPARED TO MOVE THAT WE AUTHORIZE THE - UNDERWRITERS FOR THE UTILITY BOND ISSUE TO BE 'WILLIAM R. HOUGH AND COMPANY' - AS THE PRIMARY." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER BLAKE STATED, "MR. MAYOR, I'D LIKE TO AMEND THE MOTION TO INCLUDE 'GARDNYR MICHAEL CAPITAL' AND 'HANIFEN, IMHOFF' AS CO-UNDERWRITERS FOR THE WATER AND SEWER ISSUE." SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER McLEOD STATED, "WE'RE GOING BACK TO OUR MARCH 22, 1999 COMMISSION AGENDA, THAT WE WERE LAID OUT RECOMMENDATIONS. THE CITY MANAGER SAID THAT IN THOSE RECOMMENDATIONS, EVEN THOUGH IT WASN'T WRITTEN THAT HE HAD A PRIMARY, LEAD MANAGER, AND A CO-MANAGER. THIS COMMISSION HAS BASICALLY - HAS NOT ACKNOWLEDGED THAT THIS EVENING, UNTIL THIS TIME, AND WE ARE NOW SAYING WE'RE GOING TO HAVE - PRIMARY'S AND CO'S. AND WHERE I'M GOING TO WITH THIS - ARE WE THEN SAYING THA T THE REST OF THE RECOMMENDATIONS THAT WERE MADE BACK IN 1999, THAT WE WILL RECOGNIZE THE REST OF THESE NOW, AS BEING PRIMARY'S AND CO'S. I THINK THAT IT'S IMPORTANT, SO THAT WE DON'T END UP WITH THIS BACK IN FRONT OF US AGAIN." VOTE: (ON AMENDMENT) COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTYMAYORGENNELL: AYE MOTION CARRIED. COMMISSIONER BLAKE STATED, "I'D LIKE TO MAKE AN AMENDED MOTION THAT THE MAIN MOTION SHOULD READ, 'THE WILLIAM R. HOUGH TEAM WILL LEAD, AND THE MANAGER WILL HAVE DISCRETION TO CHOOSE FROM EITHER OR BOTH OF 'HANIFEN, IMHOFF' AND/OR 'GARDNYR MICHAEL CAPIT AL' AS THE CO- UNDERWRITERS." Tape 3/Side A DEPUTY MAYOR GENNELL STATED, "POINT OF ORDER. THE AMENDMENT WAS AS COMMISSIONER BLAKE DESCRIBED IT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 22 OF 24 VOTE: (ON SECOND AMENDMENT) COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. VOTE: (ON MAIN MOTION) COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner McLeod stated, "I did bring up, and you said you would bring it back up - on this issue, the Town Center." "I'LL MAKE A MOTION THAT WE EXTEND FOR AN HOUR." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE STATED, "POINT OF ORDER, MAYOR." MOTION DID NOT CARRY. "I'LL MAKE A MOTION THAT WE ADJOURN." COMMISSIONER McLEOD. SECONDED. DISCUSSION. MOTION BY VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 23 OF 24 VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 11 :02 p.m. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS TABLED, WITH NO FURTHER DISCUSSION, DURING THE REGULAR MEETING OF AUGUST 14,2000. .:. .:. PUBLIC HEARINGS B. Finance Department Requesting The City Commission Hold A Public Hearing On The Non-Ad Valorem Tax Assessment For StreetIighting Within The Country Club Village Subdivision And Provide Directions As Deemed Appropriate. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS AND REPORTS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF AUGUST 14, 2000. .:. .:. REGULAR B. Police Department Providing Information To The Commission Regarding Speeding And Traffic Conditions On Shore Road Based On Traffic Surveys Conducted During The Month Of July 2000. REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Consider Information Regarding Sign Permits. REGULAR F. Office Of The City Clerk Respectfully Requests That Commissioner Michael S. Blake Consider The Appointment/Reappointment Of Planning And Zoning Board/Local Planning Agency Member, Mr. Marc Clinch, Whose Term Of Office Expired July 2000. (This Agenda Item Was Last Previously Scheduled For The Regular Meeting Of July 24, 2000, But No Action Was Taken). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 14,2000 PAGE 24 OF 24 REGULAR D. City Manager Requesting The Commission To Authorize The City Manager To Enter Into A Contract With Wyman Fields Foundation To Administer C.D.B.G. Funded Street Improvements To Receive A Status Report On Phase I Of The Housing Project And Discuss Issues Relating To Phase II And Phase III Of The Project. VII. 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 I - Robert S. Miller REPORTS E. Commission Seat II - Michael S. Blake REPORTS F. Commission Seat III - Edward Martinez, Jr. REPORTS G. Commission Seat IV - Cindy Gennell REPORTS H. Commission Seat V - David W. McLeod REPORTS I. Office of the Mayor - Paul P. Partyka Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk r . r- "... --- NOTE: These minutes were approved at the Augus t 28 , 2000 City Commission Meeting.