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Home My WebLink About2000 10 23 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 23, 2000 I. CALL TO ORDER The Regular Meeting of October 23, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Presentations: Mr. Randall Farwell, Director Of Planning, Lynx Would Like To Update The City Commission On The Status Of The Northern Corridor Alignment Re-Study To Identify An Acceptable Potential Light Rail Alignment Segment Between Princeton Street And State Road 434. Mr. Farwell's Goal Is Inform The City Commission Of The System Requirements And Engineering Design Trade-Offs That Will Form The Basis For The Many Technical And Public Policy Decisions To Be Addressed. This was not presented, due to a personal conflict. Mr. Wayne Weinberg, Seminole Vision, Youth Commission Steering Committee Would Like To Update The City Commission On Newly Formed Seminole County Youth Commission Addressing Diverse Issues, Concerns And Needs Of Youth From Birth To Age Eighteen In The County. Mr. Weinberg's Goal Is To Share With The City Commission This Exciting Opportunity For Our Community And To Seek The City Commission's Support In The Form Of An Endorsement. Mr. Wayne Weinberg and Dr. Evans addressed the Commission. Mr. Weinberg stated, "We invite the City of Winter Springs, and we're hopeful that you'll participate in the process. We know that invitations will be extended to members of the government, and the Mayor will certainly be invited to participate in the youth CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23,2000 PAGE 2 OF 20 conference - it's a half-day session on December 6th. This evening, if you'll so indulge me, and we hope that you will endorse the establishment of the Seminole County Youth Commission, that would be extremely helpful, especially when we submit grants -anyone who's backing this - who's supporting the organization and have your written endorsement. " "I'D LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS EXPRESSES A POSITION OF SUPPORT FOR THE SEMINOLE COUNTY YOUTH COMMISSION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Deputy Mayor Cindy Gennell asked about issuing a Proclamation. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka stated, "Motion passes and we'll have that endorsement for you, in the form of a Proclamation." ADD-ON Seminole County Wishes To Address The Commission Regarding The Trails Connection Referendum. The Honorable Randall Morris of the County of Seminole gave a presentation to the City Commission, followed by an excerpt from a video. Mayor Partyka thanked Commissioner Morris "For your support with the Governor and Cabinet, in terms of the work that you did with us, in terms of the grant monies and also the exchange of conservation areas; so we thank you for your work and support on that." Commissioner Morris added, "I really want to single out Commissioner (Michael S.) Blake for an outstanding job in his presentations to the Cabinet and staff; and the City staff did a very nice job!" "I'LL MAKE A MOTION THAT WE ISSUE A PROCLAMATION IN SUPPORT OF THE COUNTY TRAILS REFERENDUM." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23,2000 PAGE 3 OF 20 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka stated "Commissioner, we will send you our endorsement and Proclamation. Thank you." II. PUBLIC INPUT Mr. Harold Scott, 374 Twelve Oaks Drive, Winter Springs, Florida: spoke on the recent budget summary and proposed tax increase, and utility tax service. Tape I/Side B Mayor Partyka asked, "Was the ad an accurate ad?" Mr. Ronald W. McLemore, City Manager replied, "It was." Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: commented on realtors contributing to previous campaign financing reports; where did park lands go; and the position of Deputy Mayor. Ms. Jackie Lein, 1173 Winged Foot Circle, Winter Springs, Florida: spoke about Commissioners attending lower board meetings; and perceptions. Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: asked about his previous comments on the severance clause of the City Manager's contract, and compliance with the Charter. Mr. Michael J. Moore, 452 Dewars Court, Winter Springs, Florida: representing the Highland Lakes Homeowners Association spoke about the issue dealing with the "perc ponds." Commissioner Edward Martinez Jr. stated, "I made a commitment to you, on that evening, and I intend to keep my commitment." Ms. Louise Conine, 745 Sybilwood Circle, Winter Springs, Florida and Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: applauded the City on previous park efforts, and discussed their displeasure with the building of batting cages in their back yard. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23.2000 PAGE 4 OF 20 Mr. Bill Manooch, 1515 South Greenleaf Court, Winter Springs, Florida: as President of Winter Springs Little League, thanked the Commission for their recent agreement and their support. Mr. Marc D. Arnold, 749 Sybilwood Circle, Winter Springs, Florida: discussed the placement ofField Number Three (3). Commissioner Blake suggested that "I would like to see the City Manager, and the Parks Director and perhaps Mr. Starmer get together with the Little League people and the Homeowners there on Sybilwood, and see if we can't come up with a real solution." Tape 2/Side A Commissioner Blake added, "Let's see if we can't find some more creative solutions that will take care of the issues for the people that live there, and still provide the service for our youth. And, I would be willing to give you a couple of weeks, to come back to the Commission with some real solutions." Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: spoke of the benefits that the planned batting cages would provide. Ms. Audrey Sacrey, 464 MacGregor Road, Winter Springs, Florida: reminded the Commission that their decisions affect neighborhoods and urged the Commission to not use the perc ponds, as promised at a recent Homeowners meeting. Mr. Mark Lammert, 410 MacGregor Road, Winter Springs, Florida: suggested that the perc ponds not be used for recreational purposes, but for stormwater management; and felt that similar "roundtable" discussions should be held at least once a year. Mr. Dave Fitzgerald, 460 Dewars Court, Winter Springs, Florida: spoke of his concerns; how Highland Residents were notified; and asked that adequate time be given for input. Mr. Larry Bracco, 1151 Arbor Glen Circle, Winter Springs, Florida: as the President of the Arbor Glen Homeowners Association discussed reclaimed water issues; an extra meter; and his displeasure with roads being torn up. Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: spoke on the "perc pond" issue and inquired where does the Commission stand on any future development of the percolation ponds on Shepard Road; suggested that all departments be involved in future planning efforts; and inquired why Highlands residents were not notified. Ms. Kathleen Ramsey, 465 MacGregor Road, Winter Springs, Florida: stated "Yes," she supports "Everything everybody said." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 5 OF 20 Ms. Holly Heath, 501 Erica Way, Winter Springs, Florida: stated, "I agree with everything that has been said." Mr. William P. Jones, 501 Erica Way, Winter Springs, Florida: suggested these sorts of programs go where there are no "established" neighborhoods. Mr. Richard Grogan, 697 Aberdeen Lane, Winter Springs, Florida: suggested that the City purchase all five (5) proposed properties. Mr. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs, Florida: suggested ways to cut down the length of Commission meetings and to have someone always available for the "A-V" equipment. He added, "I have handouts that support" the trail referendum. Mayor Partyka stated "For the record, this audio-visual situation we have is not very good, so City Manager, we need to prevent this time delay." Mr. Jim Logue, 3205 Elm street, Oviedo, Florida: addressed the issue of annexation of property east of the Battle Ridge line. Mr. Joel Weiss, 1203 Winter Springs Boulevard, Winter Springs, Florida: asked why Mr. Khemlani could read someone else's statement, when the Mayor did not permit something similar at a previous meeting. Ms. Terry Scarlata, 106 Nancy Circle, Winter Springs, Florida: discussed park issues and concurrency management. Mr. Tom 0 'Hanlon, City of Oviedo, Oviedo, Florida: formally objected to the annexation of the Carroll property. Tape 2/Side B Discussion. Mayor Partyka called a break at 9:02 p.m. Mayor called the meeting back to order at 9:14 p.m. .:..:. AGENDA NOTE: THE COMMISSION AGREED TO HEAR THE FOLLOWING AGENDA ITEM AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 6 OF 20 PUBLIC HEARINGS E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-36 That Would Annex An Approximately 10 Acre Parcel. "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE There was a brief pause, as Commissioner Robert S. Miller and Deputy Mayor Gennell returned to Commission Chambers. THE VOTE CONTINUED. COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-36 by "Title" only. Councilman Robert Dallari of the City of Oviedo addressed the Commission. Tape 3/Side A Mr. Thomas Grimms, Comprehensive Planning Coordinator read a letter to the Commission that was faxed from Mr. Tony Matthews, with Seminole County, earlier in the day. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: discussed what boundaries had been agreed upon. Mr. Luther Carroll, Property Owner: spoke to the Commission about his wish to be annexed into the City of Winter Springs. Commissioner Martinez asked Mr. Carroll, "Have you voluntarily requested the City of Winter Springs to annex your property, into the City of Winter Springs?" Mr. Carroll replied, "Yes." The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 7 OF 20 "I'LL MAKE A MOTION THAT YOU MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka advised Councilman O'Hanlon, "We're going to have a mutual traffic issue, I think in this whole area, maybe have it in Oviedo with the Mall issue, and 426 and all the things that are around here, and maybe the first thing we can do here is start thinking about how can we manage this issue; maybe as having some of our staff or this is again with the concurrence of the Commission and the City Manager, maybe ifperhaps we could have our joint discussions, at least, traffic issues, because I think there could be some things that could affect us - I mean people go through Oviedo, and Oviedians go through Winter Springs, I mean, we affect each other. Maybe, that's the first step - to some kind of joint discussions and maybe that may lead into something else. I mean if the Commission is willing - I think we ought to have some kind of start of discussions, then maybe we could do something like this. City Manager, is that possible?" Manager McLemore stated, "There still is an opportunity for us to sit down with Oviedo and do a Joint Planning type agreement which may be - we could stop at DeLeon Street- for voluntary annexations, in consideration of other things. There's a lot for discussion." Mayor Partyka added, "That maybe we could take some first steps to maybe pass that on." Councilman Tom O'Hanlon stated, "Mayor Partyka, I will do that. I will bring that to the Oviedo Council, and see where they want to go from there." III. CONSENT CONSENT A. Parks and Recreation Department Requesting City Commission Approval Of The Application And Criteria For A Scholarship (Financial Assistance) Program For The Summer Program And Fall, Winter, Spring And Summer Classes And Programs And Establishment Of A Scholarship Account With Initial Funding Of $800.00. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23,2000 PAGE 8 OF 20 Discussion. The Commission was polled and agreed that this should only be for "residents only." Commissioner David W. McLeod also asked that it be a "Very simple form." This was agreed to, with consensus of the Commission. CONSENT B. Fire Department Requesting Execution Of The New Statewide Mutual Aid Agreement, Dated July 31, 2000. Brief discussion. CONSENT C. Fire Department Requesting Authorization To Extend A Term Contract For Billing Services For The Emergency Medical Transport System. Discussion. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE PULL ITEM 'c' FROM CONSENT, AND PLACE IT ON THE REGULAR AGENDA FOR SEPARATE CONSIDERATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Tape 3/Side B CONSENT D. Public Works Department - Stormwater Division Requesting Authorization To Execute An Interlocal Agreement Providing Joint Funding For The Watershed Atlas Between Municipalities Within Seminole County And Seminole County. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 9 OF 20 CONSENT E. Fire Department Requesting Commission Authorization To Increase The Paramedic Incentive From $3,900 Annual To $5,500 Annual. Discussion. CONSENT F. Utility Department Requesting Authorization To Enter Into A Lease Purchase Agreement For The Design/Build Of A SCADA Telemetry System For The Lift Stations And Treatment Plants. CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The September 25, 2000 Regular City Commission Meeting. Brief discussion ensued on a resident's water bill problem. Manager McLemore briefly updated the Commission, and stated, "It certainly will be on your next Agenda." CONSENT H. Office Of The City Clerk Approval Of The Minutes Of The October 3, 2000 Special City Commission Meeting. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MARTINEZ AGREED "LESS ITEM 'C.'" VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 10 OF 20 IV. INFORMATIONAL INFORMATIONAL A. Finance Department Requests The City Commission Consider Information Regarding A Revised Utility Billing Schedule. INFORMATIONAL B. Public Works Department Forwarding To The City Commission A Summary Of The Greenbriar Subdivision Stormwater System Report. Commissioner Martinez thanked Mr. Kip Lockcuff, P.E., UtilitylPublic Works Director for his assistance with this report. INFORMATIONAL C. Public Works Department Advising The City Commission Of The Findings Relative To The Hazard Complaint At The Wicklow Greens Detention Pond. "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. V. PUBLIC HEARINGS PUBLIC HEARINGS A. City Attorney Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-28 That Would Amend Ordinance 587, Which Provides Procedures For Review And Adoption Of Comprehensive Plan Amendments. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE I I OF 20 "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-28 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, I'LL MAKE A MOTION TO MOVE ORDINANCE 2000-28 TO SECOND READING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. COMMISSIONER BLAKE STATED, "POINT OF ORDER. AT THIS TIME, I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND THE MEETING - FOR ONE HOUR UNTIL MIDNIGHT." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23. 2000 PAGE ]2 OF 20 PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-33 That Would Annex A 3.5 Acre Parcel. "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-33 by "Title" only. Mayor Partyka stated, "Just for the sake of clarifying this, and even though I am not required to do this by Sunshine Law, I just want to say that I am the listing broker for this particular property. I handle all the Jerry Korman properties, and he has a number of them. I've had this listing for about nine (9) months, so I represent the seller, not the buyer. Thank you very much." Commissioner Blake stated, "Thank you for that disclosure. And I did want to question - because the Ordinance suggests and calls itself "Telecorp, Inc. property, when in fact it is not owned by Telecorp, Inc. It is owned by Mr. Korman, as you stated, and I think we need to correct for that." Discussion ensued on the related advertising. Attorney Garganese suggested that "You have to amend the title to this Ordinance 2000- 33 to reflect the name of the owner of the property - Gerald Korman - and then we'll advertise that for two (2) consecutive weeks, in the newspaper properly; and let the record reflect that the title of the Ordinance has been changed to indicate the Gerald Korman property." Commissioner Blake asked, "Do we need to re-read the title with the amended name, at this point?" Attorney Garganese stated, "We could." COMMISSIONER BLAKE STATED, "MAYOR, I'D LIKE TO MAKE A MOTION TO RE-READ THE TITLE AS CORRECTED, OF 2000-33." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE I30F20 COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. "MR. MAYOR, POINT OF ORDER. I'D LIKE TO MAKE A MOTION IN THE MIDST OF THE LAST MOTION, TO EXTEND THE MEETING FOR ONE (1) HOUR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ WHO STATED, "I'LL SECOND THAT, AND I'LL ADD SOMETHING TO IT. IN THE PAST WE HAVE EXTENDED CONSIDERATION FOR BUSINESS PEOPLE THAT HAVE BEEN SITTING HERE ALL NIGHT LONG, WAITING TO BE CALLED. THESE FOLKS HAVE BEEN SITTING HERE SINCE SIX-THIRTY (6:30) TONIGHT." DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION DID NOT CARRY. "MR. MAYOR, I'LL MOVE TO CONTINUE THE MEETING UNTIL THIS ITEM IS VOTED ON." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ; AYE COMMISSIONER BLAKE; NAY MOTION DID NOT CARRY. "I'D LIKE TO MAKE A MOTION THAT WE CONTINUE THIS MEETING TO COVER THE FOLLOWING ITEMS 'B,' 'C,' AND 'D' OF THE PUBLIC HEARINGS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 14 OF 20 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese re-read the corrected title of the Gerald Korman property by "Title" only. Mr. Bill Starmer of Starmer, Ranaldi Planning and Architecture briefly addressed the Commission. Deputy Mayor Gennell asked if "The written survey in the City Charter," is normally adjusted. Brief discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MAYOR, I MAKE A MOTION TO MOVE ORDINANCE NUMBER 2000-33 AS AMENDED TO SECOND READING WITH APPROPRIATE ADVERTISING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-34 To Designate The Telecorp, Inc. Property (3.5 Acres) On The City's Future Land Use Map "GreeneWay Interchange" District. "MOTION TO READ 2000-34 BY TITLE ONLY." COMMISSIONER BLAKE. SECONDED. DISCUSSION. MOTION BY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 15 OF 20 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese stated, "That there are several technical amendments I would like to recommend to the Commission. In the 'NOW THEREFORE clause,' it should read 'NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS AS FOLLOWS,' that's on page four (4) of the Ordinance. In Section II, also on page four (4), the last line of that section says - 'Begins 417 aka' - you need to insert the word 'To' and it's 'To the Greeneway.' In Section III of that same page, you need to add the two words, 'The conflict' at the end of that section." Discussion. With further discussion by the Commission and Attorney Garganese, it was decided that "In Section II it should read, 'To the City Designation Greeneway Interchange District' - that needs to be added to the end." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE TO SECOND READING - MOTION TO MOVE ITEM 'c' TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER MARTINEZ ADDED, "AS AMENDED." DEPUTY MAYOR GENNELL AGREED WITH THE AMENDMENT. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 16 OF 20 PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-35 To Designate The Telecorp, Inc. Property (3.5 Acres) On The City's Zoning Map GID "GreeneWay Interchange District". Mayor Partyka commented on this as the Gerald Korman property. "MOVE TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Attorney Garganese stated, "On page three (3), in the 'NOW THEREFORE' clause, it needs to read that 'NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS.' On page four (4), Section II, it needs to read something like this, 'It is hereby declared to be the purpose and intent of this Ordinance to change the Zoning classification of the 3.5 acre portion of the - Gerald Korman property, on the southeast corner of State Road 434 and State Road 417, aka the Greeneway, as shown in Exhibit 'A' of this Ordinance to the City Greeneway Interchange Zoning District classification. '" "Section V on that same page - 'Effective Date' should read - the 'Effective Date of this Ordinance shall take effect upon the Effective Date of Ordinance Number 2000-34' (which is the Comprehensive Plan Future Land-Use Map Ordinance which you have previously approved on First Reading. So once that Ordinance becomes effective, then you can Overlay this Zoning District on top of it - it cannot become effective before that time)." Attorney Garganese re-read the corrected title of this Ordinance by "Title" only. Deputy Mayor Gennell added, "Mr. Garganese, the first one in the 'WHEREAS' has Telecorp in it." Attorney Garganese clarified, "That should be the Gerald Korman property. " Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 17 OF 20 "MOVE TO SECOND READING PLEASE." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE CONTINUE THIS MEETING UNTIL 6:30 TOMORROW EVENING, TUESDAY THE 24TH OF OCTOBER." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: NAY MOTION CARRIED. DEPUTY MAYOR GENNELL STATED, "CAN I MOVE THAT WE - CONTINUE THIS MEETING, NEXT MONDAY AT 6:30 P.M." MOTION BY DEPUTY MAYOR GENNELL. Discussion ensued on the previous Motion. "MAYOR, I MAKE A MOTION TO RESCIND THE PREVIOUS ACTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Mayor Partyka clarified, "There is no Meeting now tomorrow." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE 18 OF 20 "I WOULD LIKE TO MOVE THAT WE CONTINUE IT TO NEXT MONDAY NIGHT, AT SIX-THIRTY (6:30)." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka stated, "A Meeting is scheduled for next Monday night - this is a continuation. It will start at six-thirty (6:30 p.m.)" "I MAKE A MOTION WE ADJOURN THIS EVENING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. The Meeting ended at 11 :20 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF OCTOBER 23, 2000. .:. .:. VI. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces CITY OF WINTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2000 PAGE I90F20 REPORTS D. Commission Seat III - Edward Martinez, Jr. REPORTS E. Commission Seat IV - Cindy Gennell REPORTS F. Commission Seat V - David W. McLeod REPORTS G. Commission Seat I - Robert S. Miller REPORTS H. Commission Seat II - Michael S. Blake REPORTS I. Office of the Mayor - Paul P. Partyka VII. REGULAR REGULAR A. Commissioner Cindy Gennell Requesting The Commission To Discuss Issue Related To City Elected Officials Becoming Involved In Real Estate Transactions Within The City. REGULAR B. Fire Department Requesting Authorization For The City Manager To Negotiate An Agreement To Allow The Fire Department To Provide Medical Transport From An Emergency Room To A Hospital Affiliated With The Emergency Room At No Additional Charge Beyond The Initial Transport. REGULAR C. City Manager Requesting That The City Commission Of The City Of Winter Springs Consider Endorsing The Recent Nomination Of City Of Oviedo Council Member, The Honorable Tom O'Hanlon; And The Re-Nomination Of The Honorable Whitey Eckstein Of The City Of Sanford, To The Seminole County Expressway Authority (SCEA). REGULAR D. Community Development Department - Land Development Division Presents To The Commission For Their Action The Recommendation To Accept The Improvements For Golfside Villas And To Approve The Recordation Of The Covenants For This Project, With The Stipulation That A Performance Bond For The Stormwater Conveyance Pipe From Island Lake To Lake Audubon Located On The Winter Springs Golf Course Be Provided. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23,2000 PAGE 20 OF 20 ADD-ON REGULAR E. Mayor Paul P. Partyka Requesting Two Items To Be Placed On The Agenda For Discussion. .:..:. AGENDA NOTE: THE FOLLOWING ITEM WAS ORIGINALLY CONSENT AGENDA ITEM "C," BUT WITH CONSENSUS OF THE COMMISSION, IT WAS MOVED TO THE REGULAR AGENDA. .:..:. Fire Department Requesting Authorization To Extend A Term Contract For Billing Services For The Emergency Medical Transport System. VIII. ADJOURNMENT Respectfully submitted: Andrea Lorenzo-Luaces City Clerk APPROVED: ,> ' - - - ..,.,. "" ""'. ~ r . , --. ...~~:::~ - ~ - ~.. ~ "".--- ... --;~ ..~- ~ 'to ~- ~--;__~ . ~ .', I -' '- " ,-.,,'~ NOTE: These minutes were approved at the November 13,2000 City Commission Meeting. NOV-06-2000 16:31 NOV. -06' OOIMON) 10:50 CITY OF WINTER SPRINGS FL COMM. ON ETH I C TEL:8S0 488 3077 407 327 4753 P.04 ? UU4 fo/~oo J~d-- FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NMlc. OF BOARD. COUNCIl.. COMMISSION, 41JT0io.Afl'I, OR t'OU~nTEE p~ CfT'f c."ftf1dS,Q.v 11IN AOOflES3 THE BOARe. CO\JNCII.. COMt.lJSSION, AUTHOf:l1lY OR ~MITTee. ON Co rLf OS w C--Go c..:r. WHICH I S~E IS A uNIT OF: CI1"V COUf'I1Y 1Y Cl COUNTY Q OTHER LOCAL AGEtCt' W J t0titL oS f't<" I;J G- J SChI,.)O LL- NAMeOF PO~m~~'ONs PR I ~ Cr-:S DAn: ON WH'C MY POsmON IS: t 0 ECTl\1i 0 APPOIHTIVE WHO MUST FilE fORM 88 This fOrm is for use by any person serving at lhe county, eiry. or other local level of government on an appointed or elected board. council. commission, authority, or eomminee, It applies equ311y to members of advisoty and non.advisory bOdies who are j)resenled with a vOling conflict of inlerest under Section 112.3143. Florida Stalules. Your rupOllSibililies under the law wMn faced with "oting on a measure in which you nave a conflict of interest wid vary grOlltly depending on whelt1er you hola an elective or appoifltive position. For It'lis reaSOn. please pay close attention to the instructions on this torm before completing trle reverse side and filing fhe form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES A person holding elective or appoinlive county. municipal. or olher locar public oHics MUST ABSTAIN from l/oti1lg on a measure whic,", "ures to his or her spedaJ private gain or 10S$. EBeh elecled or a!:,poinled local officl!lr also is prohibiled Irom kr\owingly voling 011 a mea- ..........lIre whicn u,ures 10 tile special gain or lOSS 01 a pnncipal (other than a government agetlCy) by wMm he or she is retained (including t"e parent organi%8lion or &ubsidiary of a corporate principal by which he or she is retained): to the special private 9f1in or loss of e relalive; or to the special privata gain or loss of a busine.s.s associate. CommissIoners of community redliwelopment agencies under Sec. 163.358 or , 63.357. F.$.. at'Id office~ of lndependenupecial lax districts elected on a ont-acre, one.vole basis are nOI prOnlDiled from vOling in that l;;apaelly. For purposes of thi! law, a 'relative- includes only Ihli! officer's father. mother, son. daughter, t1uliband. wife, brolher. sister. falt1er-in-Iaw. moltler.in.raw, son-in-law, and daughter,in-Iaw. A ''business associate' means any person or enlity engaged i1l or carrying on a business enterprise with lf1e offieer as a partner, joint venturer, coowner of propeny. or corporate shareholder (where the shares ot the COrpoT3lion are nOI ~Sted on any national or regional stock exchange). ELECTED OFFICERS: In addillon to abstaining from I/oting in the situalions described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by PLlblicly Slating to the assembly the nsture Of your inleretlln lhe measure on which you are abstaining from voling: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing Ihis form with the person responsible lor recording the min- utes 01 ~e moeling, who Should ineorporale tl'\e form in tho minutes. APPOINTED OFF'C-=RS: Although you must abstain Irom voting in ltie situs lions de$Q'ibeCf above. you otherwise may participate in th9$!l maners. However, you must ctiscJ~e Ihe nature 01 Ihe conflict before m3kil'lg any 3rtemptlO influence the decision, whelher orally or in writing find wrlelher made "'y you or al your directIon. --:'F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL ae TAKEN: · YOlJ must complete and file lhls form (tlelore making any altemplto influenC'e the decisionJ with the person responsible for reeording the mlnutas of the meeling, w"o will ineorporale the form In tile minutes. (Conrinued 0(\ Other .side) CE PORM 88 . EFF. 112000 PAGE 1 ,.., f1~ NOV-06-2000 16:31 NOV.-06'OO(MONl llJ:~U CITY OF WINTER SPRINGS fL ~UM~ UN ~'Itll~ 1r.L..:ll;JU 'Illa JUII 407 327 4753 P.05 I, VIJ,J lOpe{CO d. a/.x APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately 10 the ottler mAmbers of the agency. .' The form must be read pUblicly ar lhe next meeting after lh.e lorm is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before patticipating. · Vou musl complele the (orm and file it within , 5 dayS after the IIole occurs wittllhe person respOf\$ible for recording the minutes of thll meeting. whO must incorporate rhe form in the minutes. A copy of Ihe form mu!1 be provided immediately to the olller members 01 the agenc:y, and the (orm must be read PUblicly altha next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST r A /.Iv P df,~ p ~('( I<A- , horeby disclose thaI on 0 CAt>I.3M. J [) I. .20 00: (4) 0\ measure came or wIll come bGfOrf! my agency which (l;he~k one) X Inured to my speeial priv3l8 gain or loss: _ inured to the special gain or loss of my business associate. _ i"ured to the llpeclal gain or IO$S of my relarive, .:;( inl.lred to the special ge.ln or lOSS !)( G--~<\ L.p ~ e. t1 A-..j . by whom I am retained; or inured to Ihe special g81n or loss 01 is lne parent organization Or subsidiary 01 a principal which has rele.j"ed me. t.b) lhe measure before my 8gaoey and tne nalure 01 my conflicting interest in lhe measure is as follows: ..- :r:. Ah Tlf(.. L-iS'-/~ OlD ~ f" &..~ -nfL-. P~tJl..1Y OwtJL.D 6 y G-~l,..J) )La R t"1 ~ . MOl S O~/,.J <r- (2.a:..a J lS:-S ~ 1'9 {3 (..... r}IJ,J c...1<~ Il-tS D ~N 6.;D ),.J'TQ -nti- C,....(, Y o ? W I ~ 11'i.R. .s p..e. ..i G-:S .. . which Oate Filed 11-0JOO '.,:. .... "-" NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.3'7. A FAILURE'TO MAKi:ANV REOUIRED OISCLOSURE CONSTITUTES GROUNOS FOR AND MAY BE PUN'S~EO BY ONE OR P01,ORE OF THE FOLLOWING: IMPEAC~MENT. REMOVAL OR SUSPENSION FROM OFFICE OR eMPLOYMENI. DEMOTION. ~El?UCTION IN S.ALAAY. REPRIMAND. OR A CIVIL PENALTY NOT lO EXCEeo $10,000. '_ ' '. ." ce FORM sa . EFlF. 1/2000 PAGE. 2 ""'-1"'\ .._,.., ~,...""""'" 00=-, l:l (:llC;: TOTAL P. 05