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HomeMy WebLinkAbout2000 08 28 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 28, 2000 I. CALL TO ORDER The Regular Meeting of August 28, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 7:45 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, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Presentations Mayor Partyka read an Election Proclamation for the record. (See Attachment "A"). Mayor Partyka mentioned that Commissioner Michael S. Blake had been asked to testify before the newly created "State Tax Reform Task Force which will examine the state's tax structure and to make recommendations on how the state's tax structure can be improved to ensure a stable revenue base, that is adequate to fund the needs of Florida" regarding "local revenue issues." II. PUBLIC INPUT Mr. Bruce Bower, 221 Shore Road, Winter Springs, Florida: disagreed with some of the findings from a "Smart Radar" report, and spoke of the continued problem with speeding on Shore Road. Discussion. Commissioner Edward Martinez Jr. stated, "I would appreciate it if the police representatives here today, check into that - to make sure the equipment is working the way it is supposed to." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 2 OF 16 Mr. William Riccard, 217 Chestnut Ridge, Winter Springs, Florida: concerned with Section 20-411. of the Code of Ordinances, in regards to temporarily keeping his boat on his property. Discussion. Commissioner Martinez stated that Mr. Riccard had called him on this issue. City Manager Ronald W. McLemore suggested that "What might be of help for us is to contact some other communities that are, and have a lot of boating people in the community, to see what seems to be working." Mayor Partyka stated, that "On a temporary basis, I believe forty-eight (48) hours may actually be on the books already, on a temporary basis, and I think we need to find that out for sure." Attorney Anthony A. Garganese was asked about the applicable Code and responded, that "If you want to relax your code, then you need a code amendment. I was looking through the code, and I didn't see anything that allowed forty-eight (48) hours for someone to park a boat in the front of their yard. I did see a forty-eight (48) hour extension for disabled vehicles; and there may be some other code provisions. Basically, there is a forty-eight (48) hour time period for disabled vehicles. If you want to go down the road and allow an exception to the new trailer regulation, then you need to examine that, and it would have to come back at another meeting - for you to consider an Ordinance change." "MAYOR, I WOULD LIKE TO DIRECT THE CITY MANAGER TO REVIEW THE POLICIES OF SURROUNDING COMMUNITIES AND SEE HOW THEY HANDLE THIS SITUATION, AND BRING BACK SOME RECOMMENDATIONS TO US, TO TAKE CARE OF, NOT ONLY MR. RICCARD, BUT OTHER INDIVIDUALS IN THE CITY'S PROPERTIES AS WELL." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: regarding the Parkstone PUD, and inquired "Was there an agreement for the thiry-three33 acres; what happened to the 33 acres; and why were they given that variance; and as a Public Records request, can I have the minutes to the meeting where that concession was given?" Ms. Scarlata also commented on previous documents written by the City Engineer. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 3 OF 16 Mayor Partyka stated, "We will try to confirm what you have said, and if it's not correct, then we'll notify you. At the same time, if it is correct, then we should notify the public, and take steps to correct this." Manager McLemore stated, "1 just want to echo your words, regardless of what the Commission does, I'll look into it anyway - and, bring you back a report." CONSENT III. CONSENT A. Office Of The City Clerk Approval Of The Minutes Of The August 14, 2000 Regular City Commission Meeting. "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:. .:. VI. REGULAR REGULAR F. City Manager Requesting The Commission To Authorize The City Manager To Enter Into A Contract With Wyman Fields Foundation To Administer C.D.B.G. Funded Street Improvements To Receive A Status Report On Phase I Of The Housing Project And Discuss Issues Relating To Phase II And Phase III Of The Project. Commissioner Martinez inquired, "Do we follow the same procedure on these rehabs, as you would follow on any development? In other words, would you have to send your people out there to inspect, before you issue 'e.o. 's?'" Manager McLemore stated, "Absolutely." Commissioner Martinez further stated, "I would like you to have someone in the City go over there and take a look at this here, and see what is happening over there?" Manager McLemore stated, "We are constantly reviewing the project, and there is a third party inspector involved, that we get reports from," CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 4 OF 16 Manager McLemore stated, "I'd like to know what the nature of the complaints are more specifically so we can address them." Commissioner Martinez stated, "May I suggest that you send your people there to talk to those people - and you will find out..." Manager McLemore said, "I'll be more than happy to go over and talk to some of these people, and see what their problems are." Commissioner Martinez stated, "And let us know?" Manager McLemore stated, "Sure!" Manager McLemore then said, "I'd like a specific action on the authority to enter into this contract." "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Ms. Candice Birle of the Wyman Fields Foundation addressed the Commission on the status of this proj ect. Commissioner Martinez stated, "I just wanted to make sure that my comments were not misconstrued. I am not against the project. What I am against is, or what I'm trying to bring out is and what I am looking for - responses to is the fact that - if you're supposed to be doing cosmetic repairs, fine. I understand what cosmetic repairs are. But, if you're supposed to be doing re-wiring, if you're also supposed to be doing plumbing, if you're supposed to be replacing doors, toilets and things like that - well, that is not a cosmetic change. That's a little more than a cosmetic change, and we need to know if that was part of the requirement, and if it was required, I'd like to know if someone - from City Hall can go there, check it out and come back and say - this is being complied with." Tape l/Side B Ms. Bide mentioned that regarding Phase I - "Two things that we're asking is for you to attend the Open House, on August 30th; and the second is, you have in the past, waived permit fees for us. We are in the position now where we are turning the water, connecting the water on and off, on and off, to test the water, to test the plumbing and then turning it back off and then re-tuming it on for the cleaners, etc. We're getting charged for this, and our bills are almost into the thousands and we're asking for you to waive the connect/disconnect water fees until the rehab is over." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 5 OF 16 Furthermore, Ms. Bide advised the Commission that "Behind Lori Anne Lane is a small strip of property that the city owns. Currently they are storing Public Works equipment. It really doesn't help the neighborhood too well. We'd like to see if we can have the City declare that as surplus property, and donate it to the foundation for a clubhouse for that area." Ms. Bide then stated, "One of the things we do not have monies for in Phase I or Phase II or wherever is we really do need, what we call is a subdivision wall. We'd like to have each one of these complexes or these townhomes really have a nice subdivision walL" Ms. Bide added, "We were looking to see if the city might want to partner with us, in a 'CDBG' request to the County to have that done?" Ms. Bide stated, "I have those twelve (12) buildings under contract and I need to move forward on going to the bank and starting my loan process, I need some kind of written commitment for Phase II." Ms. Bide added, "Number two, there are two (2) lots or two (2) problems on Moss Road that I've called Code Enforcement on. One being a retention pond on the corner of Moss Road and 434. The other is a Huge vacant lot next to the professional office buildings on North Moss." Ms. Bide elaborated, "There are the brick professional office buildings, a vacant lot, and Cory Lane". Manager McLemore stated, "Yes, we need to take these issues and explore them and develop alternatives, and quantify them in terms of dollars, and appropriate strategies." Manager McLemore added that "We'll come back to you with an update." "MAYOR, I'LL MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO ISSUE A LETTER FOR PHASE II." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. City Manager Requests That The City Commission Hold A Public Hearing For The Second Reading And Consideration Of Ordinance 2000-27 Which Will Initiate The Annexation By Referendum Of The Dyson Drive Area. Attorney Garganese read Ordinance Number 2000-27 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 6 OF 16 No one spoke. The "Public Input" portion of this Agenda Item was closed. Brief discussion. "I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE 2000-27." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VI. REGULAR REGULAR A. Community Development Department - Land Development Division Requests That The Commission Approve The Recordation Of The Plat And Covenants For Golfside Villas. Discussion. Mr. Charles Carrington, AICP, Community Development Director spoke on this and mentioned that "Under our Ordinance, Certificates of Occupancy will not be issued until all infrastructure improvements have been accepted for maintenance." Mr. Carrington further stated that a memo notes "Two errors in the Homeowners Association documents. Page four (4) - they forgot to insert the three hundred dollar ($300.00) initial assessment - that page is corrected and is in the insert, with that memo." Mr. Carrington further stated, that "On page ten (10), the witness date changed due to the page four (4) correction. I would point out that in reviewing the covenants I also discovered a third error - on page six (6), Item 12.(c) the last word should read plat - not past." Deputy Mayor Cindy Gennell stated that she had received a complaint call "From the homeowners in Greenspointe - was that their understanding was that this developer of Golfside Villas was only going to lay sod down a foot or two, into this retention area and - in other words - where there originally was a certain little retention area there, that had grass down to the water, and that his understanding of the plans now, as he was told by the City's Staff, or by the developer, one, was they were only required to put it on the top foot or so of the retention area, and that's all they intended to do. And he lived there for a long time, and he looks out on that retention area and he was not pleased at all. And I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 7 OF 16 could agree with that, so if you can't answer the question for me about what the real story on that is, I would just as soon defer this to the next meeting, until we can get an answer." Mayor Partyka asked Mr. Carrington, "What golf hole is nearby." "I'M GOING TO MOVE THAT WE POSTPONE THIS UNTIL THE NEXT MEETING, UNTIL WE GET SOME MORE INFORMATION ON WHAT THEY ARE REQUIRED TO DO WITH THAT DRAINAGE AND RETENTION." MOTION BYDEPUTY MAYOR GENNELL. Mr. Carrington stated, "I think that's fine. I would point out that the developer is posting a bond in the amount of $32,261.00 for the completion of infrastructure, and although I can't say for sure, but I think this is part of the infrastructure improvement, but we'll find out and bring it back to you on the next Agenda." Commissioner Blake asked about Item 12.(e) lot coverage ratios and stated, "I didn't think we did any hundred percents?" Mr. Carrington said he would check on this matter. Commissioner Blake also inquired about the regulation ofltem 18., and the constitutional rights of Item 21. Discussion ensued on a prior Attorney's opinion regarding this. Manager McLemore stated that he was hoping to get an opinion from Attorney Garganese. Attorney Garganese said he would look "At the big picture, look at this issue for you, and get back" to the Commission. Deputy Mayor Gennell asked about Item 23., and added that this needs further review. Discussion ensued on PUD documents. Deputy Mayor Gennell stated, "I'm suggesting that we simply have an affidavit required from an attorney, that states that based on his determination or evaluation or his preparation of this document or. whatever - that it is not in conflict with any City of Winter Springs' codes as of that date, and federal codes as of that date. And anybody that wants to go back, can go back to him. That's the way I'd like to see it done." Tape 2/Side A "THE CITY MANAGER WAS CONCERNED WITH US HAVING TO GET INTO LENGTHY, EXPENSIVE LEGAL REVIEWS OF THESE DOCUMENTS. FINE. PUT THE BURDEN WHERE IT BELONGS - ON THE PEOPLE WHO ARE PRESENTING THESE LENGTHY, LEGAL DOCUMENTS TO US, AND LET THEIR ATTORNEY DO HIS JOB. ALL RIGHT, I'LL MAKE THAT IN THE FORM OF A MOTION." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL STATED, "I'LL MAKE TWO MOTIONS - I'LL MAKE IT A MOTION ON THE AGENDA ITEM TO POSTPONE THIS TO THE NEXT AGENDA, TO THE NEXT MEETING, UNTIL MR. CARRINGTON CAN BRING US BACK THE ANSWERS TO THE QUESTIONS ASKED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 8 OF 16, VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "NOW, THE SECOND MOTION I'LL MAKE IS THAT WE ASK THE CITY MANAGER AND THE CITY ATTORNEY TO COME BACK TO US WITH - WHATEVER FORMAT NECESSARY, FOR US TO REQUIRE AN AFFIDAVIT FROM AN ATTORNEY, ATTACHED TO ALL THE COVENANTS AND CONDITIONS THAT COME BEFORE US, CERTIFYING THAT THEY MEET- THAT THEY ARE IN AGREEMENT WITH OUR CITY CODES, OR THEY ARE NOT IN DISAGREEMENT, WHATEVER THE WORDING WILL BE, AND THE SAME THING WITH ANY FEDERAL REGULATIONS, AND SIGN IT." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Attorney Garganese stated, "I'd like to go back and just look at the big picture on this, in terms of enforcing - these documents - in conjunction with looking at Deputy Mayor Gennell's issue." Discussion. Deputy Mayor Gennell stated, "Well, my Motion can go forward, and then that can be in the information you bring us back." DEPUTY MAYOR GENNELL FURTHER STATED, "I AGREE THAT YOU CAN LOOK INTO IT, BUT IF POSSIBLE, I'LL MAKE THE MOTION - IF POSSIBLE, BRING US BACK A RECOMMENDATION FOR A DOCUMENT - WHEREBY AN ATTORNEY CAN CERTIFY THAT THESE ARE IN CONCURRENCE WITH THE STATE, FEDERAL, AND LOCAL REGULATIONS. THAT'S MY MOTION." DEPUTY MAYOR GENNELL WAS ASKED TO CLARIFY THE MOTION, AND STATED, "THE MOTION IS THAT THE CITY MANAGER AND THE CITY ATTORNEY EXPLORE THE POSSIBILITY OF REQUIRING A DEVELOPER TO HA VE AN ATTORNEY ATTACH A SIGNED AFFIDAVIT, TO THE SUBMITTED COVENANTS AND CONDITIONS AND RESTRICTIONS THAT ARE SUBMITTED TO THIS COMMISSION FOR APPROVAL." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28. 2000 PAGE 9 OF 16 "MAYOR, I'D LIKE TO MAKE A MOTION TO DIRECT THE CITY MANAGER AND THE ATTORNEY TO GET TOGETHER AND TAKE A BIG PICTURE LOOK AT THE ENTIRE 'PUD' AND 'CCR' QUESTION, AND MAKE APPROPRIATE RECOMMENDATIONS TO THE COMMISSION, AS SOON AS PRACTICABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. REGULAR B. City Manager Discussion Of Charter Amendment. Manager McLemore introduced this topic. Discussion ensued on the proposed Resolution and how it fits a community. Commissioner Blake stated, "I understand the flexibility is in there, all I'm trying - my concern is that it may be perceived as though we have a predetermined outcome here, and I want to make certain that that's not the case, and I want to make sure I'm on the record stating that I'm not looking for a predetermined outcome - I'm looking for something that fits Winter Springs and is an operable form that will allow us to get the work done, that we have to do in the most efficient manner." Discussion. "MR. MAYOR - I WAS PREPARED TO MAKE AT LEAST TWO MOTIONS, ONE FOR THE ADOPTION OF RESOLUTION 2000-27." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Attorney Garganese inquired about the "Duration of project" on page two (2), and that for a May Referendum, you need to insert a reference as to the "First meeting in February." Attorney Garganese also stated, "The Mayor brought up additional Public Workshops under the timeline, you may want to under IX, Put a number 4., Any other locations required by the City Commission." DEPUTY MAYOR GENNELL STATED, "AS AMENDED." SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 10 OF 16 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "MY SECOND MOTION IS THAT THE COMMISSION DETERMINE THE TIMELINE IN WHICH THE COMMISSION WOULD LIKE TO COMPLETE THE PROJECT AND THA T WAS ALREADY ENCOMPASSED IN THE FIRST MOTION ANYWAY. WELL - TO COMPLETE THE PROJECT IS NOT WHEN THE REPORT WOULD BE, TO COMPLETE THE PROJECT WE NEED TO KNOW - THAT SHOULD BE THE DATE WHEN THE SUPERVISOR OF ELECTION REQUIRES THE INFORMATION TO BE SUBMITTED FOR THE MAY REFERENDUM - THAT'S WHAT THAT DATE WILL BE." DEPUTY MAYOR GENNELL FURTHER STATED, "AND, THAT THE COMMISSION APPROVE MR. JIM BURGESS AS LEAD CONSULTANT FOR THE PROJECT AND THAT WE AUTHORIZE A SUPPLEMENTAL APPROPRIATION OF $25,0000 GENERAL, FROM THE GENERAL FUND REVENUES FOR IMPLEMENTING THIS CHARTER REVIEW PROCESS." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL ALSO ADDED TO HER MOTION, "WITH THE ASSISTANCE OF THE INSTITUTE OF GOVERNMENT, MARILYN CROTTY." SECONDED BY COMMISSIONER MILLER. DISCUSSION. Mayor Partyka read a statement from Commissioner McLeod into the record. (See Attachment "B"). VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. The consensus of the Commission was that appointments for this Committee should be made at the next Commission Meeting. Mayor Partyka stated, "Let the record show, that this Commission has decided to do it by the next Commission Meeting." Manager McLemore stated, "And we'll start drafting a more refined schedule on that basis." Attorney Garganese added, "That it probably would be appropriate just to waive competitive bidding to retain Mr. Burgess for professional services." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 11 OF 16 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR C. City Manager Requesting The Commission To Consider Adoption Of Resolution #2000-28 Providing For Parcels Within The Tuscawilla Lighting And Beautification District To Be Assessed At $0.00 For The Tax Year 2001. Brief discussion. "I MAKE A MOTION WE ADOPT RESOLUTION 2000-28." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "Are you going to notify people in Tuscawilla that this is happening - either through the newsletter or utility bill, or something." Manager McLemore stated, "We can do that - yes." REGULAR D. Not Used REGULAR E. Community Development Department Requests That The Commission Consider The Request Of Centex Homes To Allow The Issuance Of More Than One Hundred (100) Building Permits Prior To The Construction Of The Park Area Within The Parkstone PUD. Mr. Carrington introduced this subject, and discussion ensued on previous comments on thirty-three (33) acres of green space and estimated completion dates for the bathhouse, pool, tot lot, and tennis court. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 12 OF 16 Commissioner Blake stated that "I would be agreeable not to put a number on the permit, but to put a cut-off date of November 1 S\ if these park improvements are not completed by that date, and then they will be issued no more building permits after that date, until such time that a 'C.O.' is granted for these improvements." Tape 2/Side 8 Mayor Partyka inquired that "Commissioner Martinez mentioned that this City was in violation of Statute 357," and inquired, "Were we in violation of something, in the approval of this?" Commissioner Martinez stated "That's passe because they approved the final engineering, that specific time four-to-one. That was when they - the section in the back, that St. John's Water Management did not approve and in order to get the final engineering going and proceed with the project, they detached a section from it - 20-357. says that if you detach any portion of Final Engineering, you have to come back, and you have to go through the City Clerk, Planning and Zoning and then, back to the Commission, and that wasn't done." Commissioner Blake stated, "Mayor, Point of Order. For the record, it was three-to-two, it was not four-to-one." Mayor Partyka then said, "There is an allegation here. I need to get that clarified, maybe not now, but it has to be answered very clearly. You just cannot go out and make these kind of allegations including Ms. Scarlata, or anyone else and we need to find out what the facts are. Okay. So, you can use that - whenever you find out the answer very specifically, either we did or didn't do that." "MOTION TO EXTEND - FOR ONE HOUR." MOTION BY COMMISSIONER MILLER. "I'LL GO FOR A HALF HOUR, NOT AN HOUR." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "THE MOTION IS ESSENTIALLY TO ALLOW THE DEVELOPER TO PULL - TO CONTINUE TO PULL BUILDING PERMITS UP 'TILL AND INCLUDING NOVEMBER 1 s\ 2000, NOT TO EXCEED FORTY (40) ADDITIONAL PERMITS CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 13 OF 16 - THAT WOULD BE A GRAND TOTAL OF ONE HUNDRED FORTY (140) PERMITS FOR THE PROJECT; AND TO INSERT THAT LANGUAGE INTO THE DEVELOPER'S AGREEMENT THAT IS PROVIDED FOR US, AND AMENDED AS SUCH, AND TO ALLOW THE CITY MANAGER AND ATTORNEY TO ADOPT THIS DEVELOPER'S AGREEMENT, SUBJECT TO THE PRIOR EXISTENCE OF A CHAPTER 163 DEVELOPER'S AGREEMENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL, WHO ADDED, "AND APPLICABLE STATE LAW." DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. Mayor Partyka stated, "I want to put this on the record, that this development group worked with this City and the Commission at the time, said they've been doing a very good job, so you guys continue to do a good job as evident by all of the sales that you have out there." .:..:. AGENDA NOTE: *THE FOLLOWING AGENDA ITEM WAS PREVIOUSL Y LISTED AS INFORMATIONAL AGENDA ITEM "A" AND WAS MOVED TO THE REGULAR AGENDA. THIS AGENDA ITEM WAS DISCUSSED NEXT. .:..:. Parks and Recreation Development Providing Information To The City Commission Regarding The 2000 Winter Springs Summer Day Camp Program. Discussion on scholarships. The consensus of the Commission was for additional information and a study on this, and "What we ought to be doing." Deputy Mayor Gennell stated, "I didn't know we were giving scholarships, so I would like to know what the criteria has been." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 14 OF 16 VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated that based on an opinion letter from the Florida Division of Elections, that "The City issue a petition form for each of the proposed charter amendments; so that's the direction that I'm advising the City Clerk to go." Attorney Garganese mentioned that he had accepted a partnership offer with the law firm of Brown, Ward, Salzman & Weiss, P.A. Mayor Partyka asked if the City attorney's contract was an individual contract or with a firm, and asked to see a copy of this contract. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore stated that he was asking for direction from the Commission regarding the approval of appraisals Greeneways and trails acquisition program and properties - Commissioner Martinez stated, "Point of Order." "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER MARTINEZ THEN WITHDREW HIS MOTION. "I MOVE THAT WE APPROVE THE EXPENDITURE FOR ALL THREE OF THESE EXPENDITURES." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR GENNELL STATED, "I WILL AMEND MY MOTION TO INCLUDE NUMBER ONE, THE PARK EXPANSION AND LAKESIDE PARK, I THINK LAKESIDE PARK IS A SMALL EXPENSE AND MAY VERY WELL BRING US A GOOD RETURN." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 15 OF 16 VOTE: (ON THE MAIN MOTION) COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VIII. ADJOURNMENT "MAYOR, MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION VOTE: COMMISSIONER MILLER: NAY DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE MOTION CARRIED. Mayor Partyka adjourned the meeting at 11 :38 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF AUGUST 28, 2000. .:. .:. VII. REPORTS REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat I - Robert S. Miller REPORTS E. Commission Seat II - Michael S. Blake REPORTS F. Commission Seat III - Edward Martinez, Jr. REPORTS G. Commission Seat IV - Cindy Gennell REPORTS H. Commission Seat V - David W. McLeod - -.: ~.?-\ "" . REPORTS ~- -.; .. . .. --:-. - ./ ~. I. Office: of:.the Mayor - Paul-? .j>ar ,. ~ : ..- .- -::;- . -- """",- .... ,. "" ...~" _ ,r ~- ~ ~- -, .: .:r,-. - - - .- Respectfully Submitt~iliy:~ ",~A'nd~ea Lorenzo-Luaces .,.,' " City Clerk APPROVED: PAUL P. PARTYKA, MAYOR NOTE: These minutes were approved at the Sep tember 11 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 28, 2000 PAGE 16 OF 16 ,2000 City Commission Meeting,