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
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NOTE: These minutes were approved at the Sep tember 25 ,2000 City Commission Meeting.