Loading...
HomeMy WebLinkAbout2000 09 11 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 11, 2000 I. CALL TO ORDER The Regular Meeting of September 11, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:33 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, absent 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, present A moment of silent prayer was followed by the Pledge of Allegiance. II. PUBLIC INPUT Mr. Eric Dearborn, 306 South Moss Road, Winter Springs, Florida: spoke to the Commission about Ordinance Number 721 and what could be done for his particular situation. Discussion. Attorney Anthony A. Garganese stated that he would "Take a look at it" and bring it back to the Commission. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: spoke to the Commission about a notice that he received from his Homeowner's Association, regarding the proposed Winding Hollow Nature Trail issue, and what the status of this was. Commissioner McLeod suggested that "I'd like to see either yourself or the Manager write a letter back in response to - and if we could have a copy of the Agenda, as a response back to this, then address the issue with the directors over there." Manager McLemore spoke about a "mail-out type ballot," and said that "We should go back into what the record says." Mr. McCoy stated, the former Board did say that as soon as it was built out, they would do the mailer; the current board said that they will never do that." Manager McLemore then stated, "We can bring it back to the Commission with that information, and let the Commission decide what they want to do." CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 2 OF 22 Commissioner Martinez stated, "I would suggest that you and your group contact the City Manager, and work it and bring it back to us, if that's what you want." Manager McLemore mentioned that "We will bring a report back to you at the next meeting." Commissioner McLeod stated that "I would just ask that the City Manager go back and have the tapes reviewed and let this Commission know what the outcome of that tape review is." Manager McLemore stated, "We'll bring it to you at the next Meeting." Ms. Ellen Weiss, 1203 Winter Springs Boulevard, Winter Springs, Florida: spoke to the Commission about the wildflowers and suggested that they should be "weeded properly." Secondly, Ms. Weiss asked that the City Clerk make sure that there are sufficient Agendas for everyone. Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke about the Mikes Settlement Agreement; staff members and the Sunshine Law; and showed photographs of (clean-out) caps which could be a safety hazard. Commissioner Blake stated that regarding the "caps" - he had "A real concern over this, and I think we need to look into." Commissioner Martinez read into the record, "Section 20-359. is entitled 'Alterations to the final development plan.' And basically they both read the same and I say that this is the third time I've read this into the record. Any request for an alteration, revision, addition or deletion to the final development plan shall be submitted to the city clerk for review by the planning and zoning board. The board shall review the request and make finding of fact as to whether the proposal constitutes a change in the preliminary development plan also. If so, the request must first be processed according to Section 20- 358. If not, the board shall review the proposal and the staff recommendations to determine whether or not the proposed change is substantially consistent with the approved final development plan. If the proposal is determined to be consistent, the planning and zoning board may approve or approve with modifications the proposed change. " Commissioner M<;Leod stated, "City Manager, are we going to have Kip look at this thing?" Manager McLemore responded, "Sure." Further, Commissioner McLeod stated, "City Manager, see that Kip gets with the developer and get us a recommendation back on this thing." Commissioner McLeod reiterated, "Let's just be wise about this - get with the developer, find out what it is, give us a report back, with recommendations and let's take it from there." Mr. Michaellzzo, 312 Panama Circle, Winter Springs, Florida: spoke about commercial vehicles and asked how he could comply. Attorney Garganese will look into this matter, even though it was different from the earlier comments. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11, 2000 PAGE 3 OF 22 Commissioner McLeod said, "These are just presently notices, nobody has been given any kind of a warning - my question is how long is that going to go on that way? City Manager, do you have an answer to that? Where do we stand?" Manager McLemore stated, "I need to review the Ordinance." Commissioner McLeod added, "Would you bring that back to us under Consent or Informational next time, so we know where this thing is going." Manager McLemore said "Absolutely." Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: inquired whether a cost analysis is done for Park projects; and asked who manages or polices the City Charter. Brief discussion. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:. .:. III. CONSENT CONSENT B. Information Services Department Requests Authorization For The City Manager To Sign And Execute Contracts With Munis And KIVA For The Purchase And Implementation Of The Financial And Land Development Software And Hardware System. Regarding some of the technical language that was changed by Attorney Garganese. Commissioner Martinez stated, "In the future, I'd like to know what they are, when you do make those." CONSENT D. Information Services Department Requests Authorization For The City Manager To Sign And Execute Fiber Optic Interlocal Agreement With Seminole County. Commissioner Martinez asked about the reference to Exhibits "A" and "B", (on page 3), and explained, "We only have 'A;' we don't have 'B.''' Commissioner Martinez stated, "Then we should correct this - agreement." Ms. Joanne Dalka, Information Services Manager agreed that this would be done. CONSENT C. Finance Department Requesting The City Commission Approve A Modification To The Water And Sewer Deposit And Consumption Billing Policy For The Wyman Fields Project And Make A General Fund Contribution To The Utility Fund To Cover The Wyman Fields Water And Sewer Consumption During The Rehabilitation Period. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 4 OF 22 Tape I/Side B Discussion. Commissioner Blake spoke about the cash flow and specifically regarding the ten dollars ($10.00) a unit amount and stated, "Are you recommending that we do this, to save them ten dollars ($10.00) per unit?" Furthermore, Commissioner Blake stated, "I frankly would feel more comfortable if this Commission decided that they wanted to make an additional cash contribution to the project." Commissioner Martinez stated that regarding exceptions, "I wouldn't like to start making exceptions for a big outfit like Wyman Fields." ''I'm in agreement with Commissioner Blake that if you want a poll, that it's best to give them five hundred bucks and get it over with, rather than going and making exceptions in our billing methodology." Commissioner McLeod asked about the need for water for clean-up procedures and related costs for the contractor. Commissioner McLeod stated, "I have a problem with changing policy, because we're involved with a project." Commissioner McLeod added, "I'm opposed to giving five hundred dollars ($500.00) and I'm opposed to anything different that anybody else in the City has to do." Commissioner McLeod also stated that "I'd be in favor of one courtesy turn-on." "I WOULD MAKE A MOTION THAT WE TABLE THIS, I THINK STAFF HAS HEARD SOME NEGATIVE INPUT FROM THE COMMISSION, AND IF THERE IS ANY MERIT TO AL TERNA TIVES THAT COULD BE BROUGHT BACK TO THE NEXT COMMISSION MEETING, I WOULD ASK STAFF TO PUT IT ON THE NEXT COMMISSION MEETING AGENDA." MOTION TO TABLE BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. Commissioner Miller stated "I don't support it. I would like to see alternatives - if there are any." "I'LL MAKE A MOTION THAT THE MAYOR CONTRIBUTE ONE THOUSAND DOLLARS ($1,000.00) FROM HIS CONTRIBUTION LINE TO HANDLE THE PROJECT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE MAYOR PARTYKA: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 5 OF 22 "I WOULD MAKE A MOTION THAT WE TABLE THIS ITEM UNTIL THE NEXT COMMISSION MEETING." MOTION TO TABLE BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The August 28, 2000 Regular City Commission Meeting. Brief discussion. Regarding the covenants and restrictions, Attorney Garganese stated, "I am coming back to the Commission with a written legal opinion. I've done significant research since the last meeting, I just have not had a chance to put it in writing." .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE VOTED ON AS DOCUMENTED. .:. .:. CONSENT A. Finance Department Recommending The City Commiss~on Adopt The Oak Forest Wall And Beautification District Final Assessment Roll For FY 2000/2001. CONSENT B. Information Services Department Requests Authorization For The City Manager To Sign And Execute Contracts With Munis And KIVA For The Purchase And Implementation Of The Financial And Land Development Software And Hardware System. CONSENT C. Finance Department Requesting The City Commission Approve A Modification To The Water And Sewer Deposit And Consumption Billing Policy For The Wyman Fields Project And Make A General Fund Contribution To The Utility Fund To Cover The Wyman Fields Water And consumption During The Rehabilitation Period. CONSENT D. Information Services Department Requests Authorization For The City Manager To Sign And Execute Fiber Optic Interlocal Agreement With Seminole County. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11.2000 PAGE 6 OF 22 CONSENT E. Office Of The Mayor Resolution Number 2000-24, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Marc Clinch For His Service On The Planning and Zoning Board/Local Planning Agency. CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The August 28, 2000 Special City Commission Meeting (This Is The Continuation Of The August 14, 2000 Regular Meeting). CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The August 28, 2000 Regular City Commission Meeting. Mayor Partyka stated, "We need a Motion to approve the Consent Agenda." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA CLARIFIED THE MOTION AS "APPROVAL OF THE CONSENT AGENDA, EXCLUDING 'C.'" SECONDED. DISCUSSION VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka read Resolution Number 2000-24, A Resolution of the City of Winter Springs, Florida, expressing appreciation to Marc Clinch. Mayor Partyka then read a Proclamation in honor of "Constitution Week." Mayor Partyka called a break called at 7:59 p.m. Mayor Partyka called the meeting back to order at 8:19 p.m. Mayor Partyka stated, "Let the record show, three Commissioners are here right now." CITY OF WINTER SPRINGS AGENDA . CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 7 OF 22 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT DISCUSSED. .:. .:. REGULAR F. City Manager Requests The Mayor And Commission To Each Appoint One Person To The Charter Review Advisory Committee. Commissioner Blake inquired whether the Charter Information that we do have and suggested "We can get that on the Website. Commissioner Blake also asked about getting a "mail server" on our Website. "I WOULD NOMINATE SALLY McGINNIS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I WOULD LIKE TO APPOINT BILL REISCHMAN TO THE BOARD." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "IT WOULD BE MY PLEASURE TO APPOINT DON GILMORE OF 803 LEOPARD TRAIL, WINTER SPRINGS." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. . Commissioner Blake stated, "Point of Order." Brief discussion ensued on dual office holding. "THIS IS MY APPOINTMENT PENDING CLARIFICATION OF A RESOLUTION OR AN ORDINANCE THAT MAY BE OUT THERE. AT WHICH TIME I WOULD HAVE TO DECIDE ON SOMEONE ELSE OR THIS PERSON WOULD HAVE TO RESIGN THE OTHER BOARD IF THAT IS THE CASE." CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 8 OF 22 MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER MILLER. DISCUSSION. SECONDED BY Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: spoke about being on two (2) committees in 1995. Mayor Partyka stated, "Let the Motion stand, and as part of this - pending clarification." Attorney Garganese stated, "Just so it's very clear, unless the City has it's own policy, prohibiting a person from serving on two (2) Boards, that person can serve on two (2) Boards providing that other Board isn't delegated with sovereign powers of the City to make a final decision. The City Charter Committee is an Advisory Committee only, so you wouldn't run into that problem with dual office holding." Attorney Garganese further stated, "It would be up to the City Clerk to advise me if there are any Resolutions that the City Commission has adopted previously that would prohibit serving on two (2) Boards." Commissioner Miller stated "In the event something does come up which would require us to either appoint alternates, or not, that we set a date right now, maybe Wednesday of this week, and if we're required that we would meet at that .time to review this issue. If there is no requirement then we don't have to meet. But I think we need to set up a date in the event that there is a hitch in this process, but I'd suggest Wednesday - of this week, maybe at six o'clock in the evening." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. With consenSllS of the Board, it was agreed that the Commission would meet at six o'clock on Wednesday of this week, should a Special Meeting be needed. City Clerk Andrea Lorenzo-Luaces read the following memo dated September 11, 2000 from Commissioner Gennell into the record (see Attachment "A"): MOTION TO APPROVE BY COMMISSIONER MILLER. (READ INTO THE RECORD BY CITY CLERK LORENZO-LUACES). SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11.2000 PAGE 9 OF 22 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE ROBERT ORI." MOTION BY COMMISSIONER McLEOD. FOLLOWING A BRIEF DISCUSSION RELATED TO MR. ORI BEING A CONTRACTOR FOR THE CITY; THE CHARTER; AND NO POSSIBLE CONFLICTS OF INTEREST, COMMISSIONER MARTINEZ SECONDED THE MOTION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "THE MAYOR WOULD LIKE TO APPOINT JUDGE TOM FREEMAN." COMMISSIONER MILLER STATED, "I'LL MAKE THE MOTION." MOTION AND SECOND. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Further discussion ensued on the costs, size, and content related to a special edition of the newsletter, in addition to the proposed schedule. "I MAKE A MOTION THAT WE DO A SPECIAL MAILER ANNOUNCING THE CHARTER REVIEW CALENDAR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 10 OF 22 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT DISCUSSED. .:. .:. INFORMATIONAL IV. INFORMATIONAL A. Community Development Department - Land Development Division Informs The Commission Of Changes In The Approved Site Plan For Burger King. Brief discussion. INFORMATIONAL B. Public Works Department Updating The City Commission On The Status Of The Tuskawilla Road Traffic Signals At Trotwood Boulevard And Winter Springs Boulevard. Discussion. Commissioner Miller stated, "What I would like everybody to consider right now, is would this not be the time for this Commission to look at this item seriously, and with the objective of looking at least of what the cost is to upgrade it, and why not do it now, rather than try and find the money three or four years from now when we have some nice mast arms on Tuscawilla Boulevard, and some that aren't so nice, and since Trotwood and Winter Springs Boulevard in particular, is probably one of the premier intersections on that roadway, I think it would be very regrettable if we were not able to put the better mast arms that we want on that roadway right at the beginning, and not have to go back and retrofit it, at some significant cost to the City later. So that was the item that I wanted to bring up. I think we ought to look at this item, if not tonight, we ought to have it brought back to us, and see what the alternatives are, so that we could look to making that improvement right off the bat, rather than retrofit it later." Discussion ensued on the planned project timeline. Commissioner Miller added, "I think we ought to look at this very pro actively and try and work this problem out. If you need to bring us back an Item on it, let's do it." Commissioner Miller further said, "I would like to see what it costs us to force this issue now. What's it going to cost us when that roadway is built and it's got the mast arms that we want on there, as opposed to forgetting about it for the time being, or going back and doing it later?" Commissioner Miller then stated, "We need a total - and then the cost of going back and doing it later." Commissioner Blake stated, "In this very important corridor in our City, we would like to have - the same level of decorative lights that we are already putting in at 419 and 434; the same level of decorative lights that we've committed to putting in to the Village Walk area or the historical section, whatever we want to call it, on the west side of the City on CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 11 OF 22 434; and he's not willing to accept the 'no' here, that 'no,' this can't be done, now. It probably can be done now if someone is willing to write a big enough check, so I guess the real question is how soon can we practically expect that we can do the corridor correctly, that is put decorative mast arms in there and how much will it COSt. Is there any sort of a trade-in benefit you get if the County does indeed, go ahead, as they've said here, and puts in the standard mast arms that they use. In other words, do we trade those in and get a credit? Are we really just doing the mast arms, and this is a reinstallation, using the same hardware - you know the lights, the computers, and everything else? What is the real cost differential if we do it a year from now, or two (2) years from now, as opposed to through the - current construction contract and is it possible to pay that it is beneficial to pay the contract extension fees in order to get it done? Which way is cheaper or are any of them, even the cheapest alternative affordable?" Discussion. Commissioner Blake further stated, "My opinion is that we direct Staff to go back again, and look under every rock and try to find a way and come back to us with cost alternatives of what it is going to do to get us there." Tape 2/Side A Discussion ensued on the planned timeline of this project. Mayor Partyka stated "I think we need to take this advantage and work with the County Commissioners if that's the issue." Mayor Partyka added, "We need to take advantage of our leverage here and what do we want to do." "I'LL MAKE A MOTION THAT YOU TAKE THIS ITEM "B" AND PUT IT ON THE AGENDA FOR THE NEXT COMMISSION MEETING. IN THE MEANTIME, STAFF, WHOEVER IT MAY BE, WILL GET IN TOUCH WITH THE COMMISSION, THE COUNTY COMMISSION, WHOEVER IT MAYBE, TO BRING US BACK DEFINITE INFORMATION AS TO THE COST, WHETHER IT BE NOW OR LATER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. "I'D LIKE TO MAKE A MOTION THAT - THE COMMISSION REQUEST COMMISSIONER McLEOD TO WORK WITH THE CITY MANAGER AND STAFF AND TO GO TO THE COUNTY AND WE GIVE HIM THE AUTHORITY TO NEGOTIATE ANY WAY POSSIBLE, WITH OF COURSE CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 12 OF 22 REASON." MOTION BY COMMISSIONER BLAKE. COMMISSIONER MARTINEZ. DISCUSSION. SECONDED BY Mayor Partyka added, "Even if it should pass, but, I also urge all the Commissioners to use whatever leverage they have, in addition to that." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. INFORMATIONAL C. Public Works Department Updating The City Commission On The Status Of The Vistawilla Drive Traffic Signal At State Road 434. Mayor Partyka inquired, "Are we going to have the signal up pretty quick or how long do we have to wait." Discussion on traffic data and costs. Commissioner Miller stated, "I'd like to see some information come back from Staff on a lot of other intersections in our City, that - I don't think any of us are clear." Commissioner Miller added, "While we are working the County, on this issue of the mast arn1S on - Tuscawilla Boulevard, I think it might be good for Staff to come back and give us some input on where are all these problem areas, and where are we with the County on solving, or likely to solve this problem in the future. In other words, is it a year, two years, three years out, and what are the alternatives?" "I would like to see this information come back on all these other alternatives on - maybe an Agenda Item. That these are the problem areas, this is what the solution probably is going to be, in terms of time." Commissioner Blake added, "I do agree with Commissioner Miller. We do have to look at this on a big picture and we shouldn't take a light from one place to put it someplace else, without considering what the first place has, in terms of impact." Commissioner McLeod stated, "Has anyone approached the Department of Transportation and said, 'Okay, if the City funds it, would the City then be reimbursed in three (3) years." Discussion. Commissioner McLeod also stated, "I think the key thing that Mr. Miller asked for, please give us an update on all those other intersections as to what they are presently slated for." "I think those are the questions that the Commissioner has asked, and it seems reasonable in the next couple of weeks, Mr. Manager to possibly have that at the next Meeting." Commissioner McLeod then stated, "It would seem to me that with commercial developments, we need to make darn sure CITY OF WINTER SPRiNGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 13 OF 22 that that funding comes out of commercial development, for that other light." Commissioner McLeod added, "I would like to make sure our Staff brings that kind of thing to our attention." Mayor Partyka stated, "I need a Motion to approve the Informational Agenda." "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A-I. & A-2. City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2000-29, Establishing The Tentative Millage For Fiscal Year 2000-2001, And Resolution Number 2000-30, Establishing The Tentative Budget For Fiscal Year 2000-2001. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE RESOLUTION 2000- 29, THE RESOLUTION ADOPTING THE TENTATIVE MILLAGE RATE - SETTING THE TENTATIVE MILLAGE RATE FOR THE CITY OF WINTER SPRINGS AT FOR FY 2001 AT 3.54 MILLS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11, 2000 PAGE 14 OF 22 "I'D LIKE TO MAKE THE MOTION AND ADOPT RESOLUTION 2000-30, A RESOLUTION OF THE' CITY OF WINTER SPRINGS ADOPTING THE TENTATIVE BUDGET FOR THE CITY OF WINTER SPRINGS FOR FISCAL YEAR 2001." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MAYOR PARTYKA RULED THAT THE MOTION WAS OUT OF ORDER AS PUBLIC INPUT HAD NOT BEEN HELD YET. 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 RESOLUTION NUMBER 2000- 30, A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, ADOPTING THE TENTATIVE BUDGET FOR THE CITY OF WINTER SPRINGS FISCAL YEAR 2001." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-19 Repealing Section 20-26 Of The Winter Springs Code Of Ordinances. Mayor Partyka said, "I need a Motion to read by "Title" only. "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 150F22 Attorney Garganese read Ordinance Number 2000-19 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. Mayor Partyka said, "I need a Motion here - then to move this on." "SECOND READING. SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VI. REGULAR REGULAR A. Not Used REGULAR B. Finance Department Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR) For The Fiscal Year Ended September 30,1999. Commissioner Martinez pointed out that "There are some inconsistencies listed here at the end of this report. On pages 87 and 88, and I want to make sure that these are being taken care of and will not be listed again next year." Manager McLemore responded that it would be taken care of. A representative from Deloitte & Touche, LLP addressed the commission. Mayor Partyka said, "I'm looking for a Motion to approve this?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPIUNGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 16 OF 22 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAI{ C. Community Development Department - Land Development Division Requests The Commission Remove Regular Agenda Item A Of The August 28th, 2000 Commission Meeting From The Table For Consideration. The Request Is To Record The Plat And Covenants For Golfside Villas. "I MAKE A MOTION TO TAKE THIS ITEM 'c' OFF THE TABLE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Discussion ensued on deed restrictions. Tape 2/Side B "I MAKE A MOTION TO APPROVE THE PLAT, THE FINAL PLAT AND RECORDATION FOR GOLFSIDE VILLAS." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 17 OF 22 REGULAR D. Community Development Department - Planning Division Requests The City Commission Schedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Wetlands, Conservation Areas And Docks As Determined By Breedlove, Dennis & Associates, Inc. And As Related To Floodplain Management As Prepared By CPH Engineering, Inc. Brief discussion. The consensus of the Commission was to hold a Workshop on October 16th, 2000, at 6:30 p.m. REGULAR E. Community Development Department - Land Development Division Requests That The Commission Authorize The City Manager To Enter Into A Telecommunications Tower Collocation Consent Agreement With Nextel South Corporation (d/b/a Nextel Communications "Nextel"). Brief discussion. "MOTION TO APPROVE." SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: ABSENT FOR VOTE MOTION CARRIED. REGULAR G. Community Development Department - Planning Division Requests The City Commission Schedule A Workshop To Discuss A Proposal To Refine The State Road 434 Village Walk Concept Plan And To Evaluate The Traffic Circulation In The Area. Discussion. It was agreed with the consensus of the Commission to also hold this Workshop on October 16th, 2000, beginning at 6:30 p.m. It was agreed that the issue regarding the Village Walk would be held first, and then discuss the Wetlands issue. Regarding providing information to the public on the Village Walk Workshop, it was agreed that something would be sent out. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER ii, 2000 PAGE 18 OF 22 REGULAR H. Office Of The Mayor Mayor Paul P. Partyka Requests The City Commission Consider The Following Three Items: 1) The Status Of Signalization For Vistawilla Drive At State Road 434; 2) Review Of The "Reports" Section Of The Agenda And Consider Whether The Reports Section Could Be Moved To An Earlier Slot In Each Agenda; And 3) Changing The Processes For Planning And Permitting. 1) Nothing further was discussed. 2) Discussion ensued on the subject of Reports. "MAYOR, I'D LIKE TO MAKE A MOTION THAT FOR AGENDAS THROUGH THE - SECOND MEETING IN NOVEMBER, THAT WE MOVE THE REPORTS SECTION IN FRONT OF THE REGULAR AGENDA AND BEHIND THE PUBLIC HEARINGS ITEMS. AT WHICH TIME WE WILL THEN EVALUATE THE MOVE AND DECIDE WHETHER TO LEAVE IT THERE, PUT IT BACK, OR KEEP IT SOMEWHERE ELSE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY MAYOR PARTYKA: AYE MOTION CARRIED. 3) Discussion followed on fast track permitting. Commissioner McLeod stated, "I would really like to see information come back to us from Staff, from the City Manager on this issue, because I want to make sure - that we don't by having fast-track - end up meaning that we have to add Staff." Mayor Partyka added that the Commission, "Would like to look at it, and need to have some additional information." VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke about the scheduled Oral Arguments for the Bond Validation Hearing, to be held October 6th. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 190F22 REPORTS B. City Manager - Ronald W. McLemore Manager McLemore spoke about county funds and stated, "We're asking the County to amend their plan and to accept our application for those funds so that we can acquire those twelve (12) units." Manager McLemore further stated, "Those funds are there. They are not committed in any direction, at this point in time. And I think if the County - various members heard from you, reiterating how important this project is to our rehab efforts in the community, and the fact that we're putting money into it, it would be very helpful. It would be very helpful, and it needs to be done right away." Mayor Partyka added, "If you should talk to a Commissioner, whatever comments ~ may come from that, report that back to Mr. McLemore." Regarding dates for the "Meeting with the Governor and Cabinet, on acqUlsltlOn of properties for the Town Center," discussion ensued on the conflict with our City Commission Meetings. Mr. Charles C. Carrington, AICP, Community Development Director discussed the meetings and change of venue. Mr. Carrington added, "On the Trail relocation, it would be good if we could have a representative from the County, since the applicant in that case is not the City of Winter Springs, but it is Seminole County, formally, so if we could get a representative, either from the Staff, preferably an Elected Official." Tape 3/Side A Mayor Partyka said, "I need a Motion to extend the Meeting." "MOTION TO EXTEND MEETING ONE (1) HOUR." COMMISSIONER BLAKE. SECONDED. DISCUSSION. MOTION BY VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka summarized the meeting schedule and stated, "I'll go up and represent the City along with Charles. The City Manager and the rest of the Commission will be here on that particular Monday/Tuesday. Prior to that, Commissioner Blake will be there available for the Cabinet Aides Meeting on - September 20th. And then, to be deternlined would be October loth, but as of right now, the schedule is in place - and potentially Commissioner Martinez may also show up." Manager McLemore brought up the matter of Liability Insurance quotes and he and the Commission discussed this matter. Commissioner McLeod inquired as to "How many professional liability cases" have we had? Manager McLemore said that we could go CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER] I, 2000 PAGE 20 OF 22 back and count them; and added, "If you would like me to go back to the best bidder and see that, I'd be willing to do that." REPORTS C. City Clerk - Andrea Lorenzo-Luaces No report. REPORTS D. Commission Seat I - Robert S. Miller Commissioner Miller stated that he is officially running for Office; spoke about a letter that Mayor Partyka had written him regarding the Belarus delegation; and that Mr. Jeff Larson of Hanifen, Imhoff had contacted him. REPORTS E. Commission Seat II - Michael S. Blake Commissioner Blake mentioned the City's Website and that inforn1ation dealing with the Charter Review should be added to our site, and stated that "We should work diligently to try and keep it up to date on all happenings, as they occur." Commissioner Blake also felt that the Agenda should also be added to our W ebsite." Commissioner Blake had received some complaints that the Medians were not being cut as often; that sprinkler heads had been damaged on the islands along Winter Springs Boulevard; and mentioned that the Tuscawilla community and Tuskawilla Road are often spelled incorrectly. REPORTS F. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez asked for a written report (to be placed in his box) regarding three (3) young Oak trees that are being damaged on Old White Way in the Greenbriar subdivision. Specifically, the location was noted as "Right at the entrance, the two lots that recently have been built on." Commissioner Martinez asked that Public Works examine the storm drain system at Greenbriar, due to cement accumulating, and would like a report prior to D.R. Horton completing work in this subdivision. Commissioner Martinez also stated that streetlights were out at Antelope Trail and Swan Street; commented on fairness and enforcement issues as they pertain to the Commercial CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 21 OF 22 Vehicles Ordinance; and why the speed limit differs on Murphy Road. Chief of Police, Daniel 1. Kerr said that "I'd be more than happy to do some research and come back to you with some recommendations on trying to make some of these streets consistent." Commissioner Martinez also mentioned that Mr. Jeff Larson of Hanifen, Imhoff had contacted him; asked Manager McLemore about the possibility of assisting the "Better Living for Seniors program; stated that he had given out a copy of Resolution 000-3 from the League of Cities, declaring the week of October 22 - 28, 2000 as part of City Government Week, and asked that we consider issuing a Proclamation; and handed a copy of Ordinance Number 14-00-1716 from the City of South Miami requiring locking devices for firearms - by homeowners. Commissioner Martinez asked that the City Attorney "Come back and let us know what he felt." REPORTS G. Commission Seat IV - Cindy GenoeU Absent. REPORTS H. Commission Seat V - David W. McLeod Commissioner McLeod stated that he would be a little late at the September 25th , Meeting. Commissioner McLeod inquired about the speed limit signs with a yellow border, and asked Chief Kerr ifhe would check on this matter. Commissioner McLeod brought up a Code Enforcement issue regarding property owned by Walt Dittmer. Discussion. "I MAKE A MOTION ON THIS THING TO GO AHEAD AND GET COURT COSTS COVERED, AND I'M WILLING TO DROP THE FINE TO ZERO." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE CITY OF WINTER SPRINGS AGENDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2000 PAGE 22 OF 22 REPORTS I. Office of the Mayor - Paul P. Partyka Mayor Partyka mentioned that he had planned to present a Proclamation to Mr. Wayne Epps, former principal of Winter Springs High School, this Friday evening. However, as he would be out of town, and if Deputy Mayor Cindy Gennell was unable to attend, Mayor Partyka would like someone else to represent the Commission. Commissioner Miller was designated as back up. Mayor Partyka stated, "I'm asking for a Motion to Adjourn." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 11 :36 p.m. Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk .., . . " ., ~.- / . :- .,.... -:. NOTE: These minutes were approved at the Sep tember 25 ,2000 City Commission Meeting.