HomeMy WebLinkAbout_2000 02 21 City Commission Special Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING
FEBRUARY 21,2000
I. CALL TO ORDER
The Special Meeting of February 21, 2000 (which is the continuation of the February 14,
2000 Regular Meeting) 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, present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, .If., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
II. UNFINISHED (OLD) BUSINESS: CONTINUATION OF THE
FEBRUARY 14, 2000 REGULAR MEETING
PUBLIC HEARINGS
C. Development Department - Code Enforcement Division
Requests The City Commission Holds A Public Hearing For The Second Reading
Of Ordinance Number 2002,-02 Providing For The Maintenance Of Fences And
Walls.
Ms. Jimette Cook, Code Enforcement Officer spoke to the Commission on this matter.
As the newly re-written Ordinance was not included in this package, it was suggested that
this be handled at the next meeting.
Mayor Partyka said, "Looking for a Motion to continue this until the next Regular
Commission Meeting" (February 28, 2000).
"SO MOVED". MOTION BY COMMISSIONER EDWARD MARTINEZ.
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
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Page 2 of 13
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRI ED.
At 6:37 p.m., Commissioner Edward Martinez, Jr. left the dais.
Commissioner Martinez returned to the dais at 6:39 p.m.
REGULAR
A. Parks and Recreation Depa.'tment
Requests The City Commission Authorize Increased Pricing Of Concession
Products Sold At Central Winds Park, In Conjunction With The Attached
Recommended Price List.
Mr. Chuck Pula, Parks and Recreation Department, introduced this Agenda Item and
spoke of the recent negotiations; new pricing; profit margins; and when the new prices
will be in effect.
"I'LL MOVE TO AP'PROVE THAT THE COMMISSION AUTHORIZE THE
PRICING FOR THE CONCESSION PRODUCTS - AND THE PARKS AND
RECREATION DEPARTMENT GO AHEAD WITH IT". MOTION BY DEPUTY
MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
COMMISSIONER McLEOD ADDED, "THE ONLY DISCUSSION THAT I'D
HAVE IS I THINK THAT WE SHOULD TAKE A LOOK AT THIS ON AN
ANNUAL BASIS, NOT ONCE IN FIVE (5) YEARS; SUCH A DRASTIC JUMP IN
SOME OF THESE PRICES, I'M SURE THEY'RE GOING TO SHELL-SHOCK
SOME PEOPLE - THEY WON'T REALIZE THEY'VE HAD FOUR (4) YEARS
WORTH OF A GOOD DEAL, AND I THINK EACH YEAR YOU NEED TO
LOOK AT IT, AND DETERMINE WHAT THAT INCREASE NEEDS TO BE
AND RUN IT AS A PROFITABLE BUSINESS, AND AT LEAST BRING
NUMBERS - REASONABLE BACK TO THIS COMMISSION".
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VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNEtL: AYE
MOTION CARRIED.
Further discussion ensued on whether the pncmg needs to come back to this
Commission. Commissioner Edward Martinez, Jr. said, "I think that even if we authorize
a yearly review and increase it as needed, that we should be notified somehow, that this
has taken place.
At 6:44 p.m., Mr. Ronald W McLemore, City Manager left the dais.
B. Community Development Department
Requests The City Commission Consider Approving An Interlocal Agreement
Between The City And Seminole County Providing For Reimbursement Of Up To
$83,200 In Community Development Block Grant (CDBG) Funds To Be Spent For
Infrastructure Improvements In The Moss Cove Project.
As Deputy Mayor Cindy Gennell's dais light was not working, brief discussion followed
about when the new equipment would be installed; and whether the work could also be
done by either a "Controls" contractor or an "Electrical" contractor.
At 6:45 p.m., Manager NfcLenwre returned back to the dais.
Mr, Charles Carrington, AICP, Community Development Director spoke about the
public-private partnership with the Wyman Fields organization. Discussion ensued on
the Grant; the city being responsible for administering the Grant; encumbering the funds;
possible delays; closing documents; and CDBG monies.
Deputy Mayor Gennell mentioned that she was pleased with the City getting CDBG
funds; and Deputy Mayor Gennellasked to be notified as to who was representing the
City of Winter Springs on the Citizen Advisory Committee (for the CDBG Board), as it
would be most beneficial for the City to have such a representative.
Discussion followed about the $83,000; construction and administration costs; an earlier
bid; and improvements to Rhoden Lane.
MOTION BY COMMISSIONER MARTINEZ, "I'D LIKE TO MAKE A MOTION.
TO APPROVE AGENDA ITEM 'B' - THE INTERLOCAL AGREEMENT WITH
THE COUNTY". SECONDED BY COMMISSIONER MILLER. DISCUSSION.
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CITY COMMISSION
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Page 4 of 13
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
C. General Services Department
Requests That The City Commission Provide Guidance Regarding Procedures To
Be Followed For The For-mal Adoption Of The Attached New Personnel Policies.
Mr. Gene DeMarie spoke of the current personnel policy; a collaborative effort including
a labor attorney (Ms. Dottie Green); a review by Consultant (Mr. Colin Baenziger of
Palm Beach County); several drafts; possible adoption policies; the review process by the
Department Heads; whether a Workshop should be held to review this "document,
possibly with the input of several Department Heads; a smoke-free Firefighters' policy;
bereavement and grievance policies.
Commissioner Martinez asked if he could submit a list of questions and asked to get
written responses to his questions, by Monday's meeting.
Commissioner David W. McLeod was concerned with the wording of the "Harassment"
section, and asked to be able to compare this with his own company's pol(cy.
Further discussion ensued regarding the protection of Department Heads; whether
employees are being given the benefits as stated in the policy; legal review; written
responses; policies; reviewing this document; taking care of management; and Federal
Labor Laws.
Mayor Partyka concluded the discussion by stating, "We'll bring this up on the Agenda,
at the next Commission Meeting".
E. City Manager
Requesting The Commission To Receive An Update On The Progress Of The
Pension Plan R.F.P. And Requesting The Commission To Provide Direction
Relative To Continued Action On The R.F.P.
Manager McLemore asked the Commission for their input on how to proceed with this
issue, Discussion ensued on the response to the R.F.P. ("Request For Proposal"); having
a review by the Pension Board; and Actuarial services.
Tape 1/Side B
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Page 5 of 13
Commissioner Miller left the dais at 6:35 p.m.
Discussion ensued on the scope of services; retaining the current Attorney and Actuarial;
possibly providing the Commission with a Scope of Services for the Actuarial or
providing a type of position paper.
Commissioner Miller returned to the dais at 6:39 p.m.
Members of the Commission discussed whether the Pension Board should review related
matters; legal services; the duties of an Actuarial; plan administration; and whether there
should be a change in Actuarial services. Regarding the overall consensus of the
Commission, Mayor Partyka summarized, "It's not going to Pension Board". Mayor
Partyka then added, "So, at this point in time, there is clear determination on Plan
Administration - it goes to an R.F.P.; on Investment Program, R.F,P,; the Actuarial- no,
R.F.P.; and legal is a no on R.F.P.".
Discussion continued on an annuity; timing; and pricing.
Mayor Partyka clarified, "We're now going to an R.F.P. on the individual services; you'll
get bids back and will pick eventually, and get the services done, and at that point in time
- you'll come back to LIS".
There was further discussion about policy matters and timing, Mayor Partyka clarified,
"Timing is then after policy matters are settled - that's your direction".
.:..:. AGENDA NOTE: THE TWO (2) AGENDA ITEMS UNDER THE "NEW
BUSINESS" SECTION OF TONIGHT'S AGENDA WERE NEXT DISCUSSED.
.:. .:.
"MR. MAYOR, I'LL MOVE TO PUT ITEM 'G' ON THE AGENDA". MOTION
BY DEPUTY MA YOR GENNELL. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION.
"I'LL AMEND THE MOTION TO ADD ON THE ITEM 'H' ALSO". MOTION
BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE (ON THE AMENDMENT):
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
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VOTE (ON THE MAIN MOTION):
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
III. NEW BUSINESS: THE CITY MANAGER MAY NEED
COMMISSION DIRECTION AND APPROVAL ON MATTERS
THAT CANNOT \VAIT UNTIL THE NEXT REGULAR
MEETING
REGULAR
ADD-ON
G. City Manager
Informing The Commission Of A Conference Call Between The City Manager, City
Attorney, Community Development Director, And Debby Parrish, Director of
O.G.T. Relative To Issues Raised At The February 14, 2000 Commission Meeting
Regarding Trail Realignment, Relocation Of The Trail, And Encumbering FY 2000
O.G.T. Funds For Acquisition Of Hickory Park And The Parker Property.
Manager McLemore spoke on this issue to the Commission.
Deputy Mayor Cindy Gennellleft the dais at 8:08 p.m.
Manager McLemore continued with his comments about Wetland Park; the Schrimsher
organization; and related deadlines.
Deputy Mayor Gennell returned to the dais at 8: 12 p.m.
Members of the Commission then discussed with Manager McLemore and Mr.
Carrington - Hickory Park; the affected property owners, such as the Blumberg property;
negotiations; appraisals; approvals; guarantees; and Preservation 2000.
"I'D LIKE TO MAKE A MOTION THAT WE ADVANCE - THE COMMISSION
ADV ANCE THE FUNDS FOR THE IMMEDIATE APPRAISALS AND SURVEYS
FOR HICKORY PARK, IN THE AMOUNT OF $28,575 DOLLARS, FOR THE
APPROPRIATIONS FROM THE GENERAL FUND BALANCE". MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
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Page 7 of 13
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
ADD-ON
H. Parks and Recreation Department
Requesting That The City Commission Approve Upgrading The Central Winds
Park Amphitheater By Providing Three Phase Service That Is Not Budgeted And
Would Require New Appropriation.
Mayor Partyka commented on behalf of the Commission that Opening Day of Little
League was excellent! Mayor Partyka added, "The fields were superb", and theft Mayor
Partyka stated that he would be sending a personal note to those not previously
mentioned.
Mr. Chuck Pula, Parks and Recreation Director spoke about this Agenda Item. Members
of the Commission inquired about the contractor; underground wiring; amperage
capacity; three phase service; and vendors.
MOTION BY COMMISSIONER McLEOD TO APPROVE THE, CONTRACT,
"WITH FLORIDA POWER TO BRING OVER THE THREE PHASE POWER".
COMMISSIONER McLEOD ADDED, "AND TO TAKE THE FUNDINGS FROM
THE GENERAL FUNDS RESERVES". SECONDED BY COMMISSIONER
BLAKE. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR G ENNELL: AYE
MOTION CARRIED.
VII. REPORTS
A. City Attorney - Anthony Garganese, Esquire
No Report.
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B. City Manager - Ronald W. McLemore
Commissioner Martinez left the dais at 8: 27 p.m.
Manager McLemore spoke of the three resignations in the Finance Department; delays
with the audit; and the Finance Director position.
Commissioner Martinez returned back to the dais at 8:30 p.m.
C. City Clerk - Andrea Lorenzo-Luaces
No report.
D. Commission Seat IV - Cindy Gennell
Deputy Mayor Gennell asked about the applications that have supposedly been submitted
by Tuskawilla Trails for possible future developments. Manager McLemore--said he
would check on this matter and he would get back to the City Commission about this.
Deputy Mayor Gennell suggested that we consider putting together the next Board
Appreciation Dinner.
E. Commission Seat V,- David W. McLeod
· Appointment to the Board of Trustees (Pension Plan)
No Appointment was made at this meeting.
Commissioner McLeod asked about the status of practice fields at Central Winds Park,
and asked for comments from Manager McLemore regarding whether there are fields
available for football practice.
Manager McLemore spoke of the policy issue pertaining to the use of Central Winds Park
for practice. Discussion.
Attorney Anthony Garganese left the dais at 8:36 p.m.
Tape 2/Side A
Discussion ensued with Manager McLemore, Mr. Pula, and Members of the Commission
regarding the use of Central Winds Park. Photographs were shown of Central Winds
Park and discussion followed about the preferred fields; passive fields; and the types of
grass used for the fields at Central Winds Park.
Attorney Anthony Garganese returned to the dais at 8:39 p.m.
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Mr. Don James, Parks and Recreation Superintendent also spoke to the Commission on
related matters. Discussion continued about past and previous policies.
Mr. Pula presented a sketch to the Commission depicting an area off of Shepard Road,
specifically an area "In the "middle of the 'perc' pond area". Mr. Pula suggested this
area as his recommendation for practice fields, as it was "high and dry and level in the
middle"; and it had su fficient space for play and parking. Some modifications would
need to be made, and Mr. Pula asked for the Commission's direction regarding this
suggested choice. Discussion continued.
Discussion ensued on when these suggested fields may be available for football practice
play - possibly even within a week, Manager McLemore added that the Parker property
would be an ideal long-term solution for practice fields. Mr. Pula was congratulated for
his efforts.
Discussion continued regarding practice fields; policies; recreational use; Developers
following what is stated in the Comprehensive Plan; budgeting for future needs; '-concerns
with the newly suggested practice area; whether Mr. Pula had been in touch with some of
the people concerned with the City having practice fields.
Mayor Partyka stated, "For the record, Mr. (Tom) Waters IS out there - who IS the
representative for this group".
Commissioner McLeod asked about restroom facilities for such an area, and stated, if
. "Central Winds Park is primarily a - fields that are structured for tournan)ents and play-
scheduled play, not practice; then I would like to see that in a policy, brought back,
before this Commission and as which parts of that Park, fall into that". Deputy Mayor
Gennell added that we should also survey neighboring communities to make sure that we
are recouping the appropriate monies.
Mr. Pula suggested that this matter be also discussed during the already scheduled March
20th, 2000 Workshop.
In further conversation, it was decided that this policy (and workshop) should also
include where "Practice can be held"; "How many acres are available for that; and "What
do you see in the future to be the requirement".
Manager McLemore added, "There was an issue brought up about your Comp Plan and
having Developers put land aside for developments, in such a way that you didn't have
these problems; and we gave you a special report last time, related to a challenge that
we've had, to your Camp Plan - and the issue that I thought was clear is that it's not that
the Plan doesn't generate enough acreage, it's just that some of the acreage that has been
generated, because of the pressure that the public has put you under - is not usable, It's
there, it's just not usable, and it's an unfortunate situation, but, so in order to create a
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Page I 0 0 f 13
situation where the community is willing to accept that type of facility - we've got to
look somewhere else. And, that's what we're trying to do".
Continuing with his comments, Manager McLemore added, "The Parker property - some
acreage like this, but it's not a default in your Comp Plan per se - and I think I have to
get on the record with that, because of where we are, relative to a potential challenge to
your Plan. Your Plan has been carried out, and your plan has been administered in sllch a
way, that you are not, non-concurrent with parks, it's just that the land is there and the
level of service and propel1y and acreage - so, the land is there, and it's been generated
by contributions. We're just able to use them, at this point in time".
Manager McLemore then said, "Some of them are not wet - some of them are sitting
there, ready to be used, it's just that the neighborhoods don't want to be used for this type
of intensive play. So, we have to come up with another alternative. And, I just need to
put that on the record".
F. Commission Seat I - Robert S. Miller.
Commissioner Robert S. Miller stated that he received some complaint letters regarding
Code Enforcement issues; and he asked whether the subject of additional staffing should
be discussed at the Workshop scheduled for March.
Manager McLemore stated that he would have information regarding the Code
Enforcement Depal1ment, at one of the next two City Commission Regular Meetings.
Commissioner Miller forwarcled the complaints to Manager McLemore" for them to be
given to the Code Enforcement Officer. Discussion followed on additional budgeting
considerations; political signs in the right of way; and other violations throughout the
City.
Commissioner Miller asked whether a response had been sent to Mr. George Morris, in
regards to Mr. Morris' letter, dated February 2, 2000. Attomey Garganese explained that
a seven (7) page response letter had been sent, and members of the Commission should
be receiving a copy of this wri tten response.
Next, Commissioner Miller asked about a "discussion" between Commissioner Michael
S, Blake and Attorney Micky Grindstaff, at the February 14, 2000 Commission Meeting.
Discussion.. Attorney Anthony A. Garganese responded that "You can have those
discussions. There are some ex parte communication rules - those rules are simply in
rezoning matters or land use matters". Commissioner Miller then withdrew his request.
Commissioner Miller asked about the status of previous legal expenses that the Mayor
was to respond to. Mayor Partyka said, "We've got the bill. Basically, we're reviewing
it and at the appropriate fashion, we will respond".
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(CONTINUATION OF THE FEI3RUARY 14,2000 REGULAR MEETING)
Page II of13
Commissioner Miller inquired about the results of "traffic calming", as was presented at
the last meeting. Commissioner Miller asked when such a survey regarding the public
opinion might be done. Manager McLemore explained they were considering such a
survey, in approximately sixty (60) days.
Commissioner McLeod left the dais at 9:25 p.m.
G. Commission Seat II - Michael S. Blake
Commissioner Blake mentioned a previous proposal for a discussion on Sunshine Law
practices.
Commissioner McLeod returned to the dais at 9:27 p.m.
Commissioner Blake asked about the completion of the pond and fence at Courtney
Springs Apartments. Manager McLemore explained that this will be done, prior to a final
"e.O." ("Certificate of Occupancy"), and stated that he will check on this- matter
tomorrow.
Commissioner Blake inquired if the power lines, parallel to State Road 434 would be
buried, including the ones in f'ront of the lake. Discussion.
Commissioner Blake mentioned his appreciation of the job that the Parks and Recreation
Department did, regarding locating an area for practice fields.
Also, Commissioner Blake asked about re-writing the pan of the Ordinance that deals
with the "right side/wrong side" placement of fences. Attorney Garganese said that he
would check into this.
H. Commission Seat III - Edwa,-d Martinez, Jr.
Commissioner Martinez stated, "First of all, regarding the issue of the Attorney and the
Commission conversation, it wasn't meant to be critical. It's just that it seems improper,
at times, when you - especiall y when you are in the middle of a heated debate on an issue
that involves, like the Attorney said, like land use or etc., etc, etc. And I for one, would
never, because I believe in saying - it comes from what I learnt a long time ago - 'CY A'.
I would never speak to an Attorney one on one on a heated issue that was being debated
here; because, I don't know what that Attorney would say in the future, and whether I
could refute him. When you speak to an Attorney on a one-to-one basis, you have no
way of refuting what he says or he - what you said. So, I just wanted to clear that up, for
the record".
Mayor Partyka then said, "Let me just clarify again for the record, so we're very clear
here. What Commissioner iVlartinez is doing - is doing his own opinion on how he
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Page 120fl3
handles this. The records show that what Commissioner Blake or anyone else can do,
including Commissioner Martinez - those things that were being discussed, is totally
right and totally appropriate".
Commissioner Martinez asked if they could attend the Manager's Staff Meeting on the
23rd. Manager McLemore replied, "You're welcome to come anytime that you'd like".
Commissioner Martinez then spoke of storm drains and landscapers. Discussion ensued
regarding reviewing the controls and licensing policies of Landscapers. Further
discussion ensued on Occupational Licensing.
· Appointment to the Board of Trustees (Pension Plan)
Commissioner Martinez nominated Mr. Vincent Giannoni to a complete tern1 as a
member of the Board of Trustees.
MOTION AND SECOND. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BL;\KE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Commissioner Martinez then asked that the issue regarding Jim Mikes and related legal
matters be brought up as COlllmissioner McLeod was in attendance.
I. Office of the Mayor - Paul P. Partyka
Mayor Partyka first spoke of the status of the Mikes lawsuit.
Tape 2/Side B
Discussion ensued regarding the Mikes lawsuit, and which parties were named in the
lawsuit; the involvement of the League of Cities; and if a judgement is made. Attorney
Garganese suggested that this matter not be discussed any further.
Mayor Partyka asked about the standing of an R.F.P. for the City's Annexation efforts.
Manager McLemore stated that he would present an update on this issue at the next
Commission Meeting.
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(CONTINUA T10N OF THE FEBRUARY 14,2000 REGULAR MEETING)
Page 13 of 13
Mayor Partyka then inquired about the status of the Charter Review Committee.
Manager McLemore agreed to give a report on this matter at the next Commission
Meeting.
In other discussion, Deputy Mayor Gennell discussed "Public Input" and that concerns of
the public can often first be handled by Staff. Deputy Mayor Gennell added that this
would permit the Commission to deal with more Agenda issues.
IV. ADJOURNMENT
Mayor Partyka adjourned the meeting at 9:50 p.m.
"I MAKE A MOTION THAT WE ADJOURN". MOTION BY COMMISSIONER
MILLER. SECONDED. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
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NOTE: These minutes were approved at the February 28, 2000 City Commission Meeting,