HomeMy WebLinkAbout2000 11 27 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
NOVEMBER 27,2000
I. CALL TO ORDER
The Regular Meeting of November 27,2000 of the City Commission was called to order
by Mayor Paul P. Partyka at 8:04 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, arrived at 8:06 p.m.
Commissioner Robert S. Miller, absent
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
The Commission agreed to hear Regular Agenda Item "A" after "Public Input."
Mayor Partyka advised the Commission on information that he had researched regarding
"calling the question."
II. PUBLIC INPUT
Deputy Mayor Cindy Gennell arrived at 8:06 p.m.
Ms. Joanne Krebs, 1006 Taproot Drive, Winter Springs, Florida: suggested that a Parks
and Recreation Advisory Board be created. In addition, Ms. Krebs spoke of building
permits and deed restrictions. Discussion.
Commissioner Blake added, regarding "The problem is the City doesn't look at the deed
restrictions prior to responding to an application for those permits, and it creates a
viscous circle, and been through this again and again and again, that's - one of those
items that we need to revisit."
Commissioner McLeod explained that "It makes us be in a position not to enforce our
codes, but also enforce the covenants of your Homeowners Association, my Homeowners
Association, anyone else's Homeowners Association, and that's what the state came
down and said no - and that's why Mr. Kruppenbacher had given that ruling that we no
longer take a look at the covenants or deed restrictions. We need to only look at what we
have on the books as our building permit regulations, that we approved."
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Mayor Partyka stated, "What I am going to suggest here is rather than debate this on legal
interpretations, I suggest that this Commission tell Mr. Garganese to research it and have
an answer for us at the next time."
Attorney Garganese stated, "I don't have a problem researching it - I would like to see
the specific deed restrictions that Ms. Krebs..." Mayor Partyka added, "Ms. Krebs will
offer that as an example, okay. Is that okay with everybody?" Commissioner Martinez
stated, "Sure."
Commissioner Blake stated, "I'd be happy to also provide Mr. Garganese with the
additional documentation which - if only to help him. . ."
Commissioner McLeod added, "If we have the documentation that Mr. Kruppenbacher
gave his ruling on, then I think that is what he ought to take a look at."
Deputy Mayor Gennell stated, "I don't want to see Mr. Garganese restricted to any
particular Homeowners' set of documents; just assume, take our word for it, they are out
there all over the place."
Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: spoke on not getting
a suitable response to his recent letter; and also asked if we were selling water to people
outside of the city limits. Discussion ensued on Charter Review Meetings.
Deputy Mayor Gennell stated, "Now I expect an apology for the misrepresentations that
Mr. Lein has made in the last couple of weeks, directed at me."
Ms. Colleen Van Allen, 1150 0 'Day Drive, Winter Springs, Florida: as the President of
the Winter Springs Soccer Club, asked for more practice fields for the children.
Mr. Bill Christie, 1045 Abottsford Court: representing a soccer club, suggested
consideration for all sports and spoke of the shortage of fields.
Mr. John Sullivan, President of the Winter Springs Grizzlies: supported parks and
requested a place for practice.
Ms. Lydia Gonzalez: was opposed to Moss Park.
Mr. Hal Fues, 550 Wade Street, Winter Springs, Florida: discussed his business location
near play fields.
Mr. Bart Phillips, 419 Old Sanford-Oviedo Road, Winter Springs, Florida: concerned
with children walking around in this area near school bus stops.
Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: suggested that we
pursue the Seminole County site, which is her preference.
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.:..:. AGENDA NOTE: THE FOLLOWING REGUlLAR AGENDA ITEM WAS
NEXT DISCUSSED, AS DOCUMENTED. .:. .:.
VII. REGULAR
REGULAR
A. Finance Department
Requests The City Commission Make A Binding Decision Regarding Ms.
Abdulaziz's Water Bill Appeal.
Ms. Louise Frangoul, Finance Department Director introduced this Agenda Item.
Ms. Abdulaziz, 1603 Grizzley Court, Winter Springs, Florida: addressed the Commission
on this matter.
Tape 1/Side B
Commissioner Blake stated, "Mayor, Point of Order. I think it is important to point out
we are not talking about those few dollars. What we are really talking about is a
legitimate policy that our bond ratings and our debt that we issued on the water and sewer
system are related to - and that is a very, very important question about what policies we
implement and how we exercise the protection of the bond holders and remaining
customers in the water and sewer system. So, we can't minimize the importance of the
fifty or sixty or seventy dollars that might be in question."
COMMISSIONER McLEOD STATED, "MINE WOULD BE A MOTION OF
RECOMMENDATION THAT WE DO ADOPT AN EXTRAORDINARY USE
POLICY, AS PERHAPS OUTLINED IN THREE - IN THE FUTURE, BUT
HOWEVER FOR THIS PARTICULAR POLICY THIS EVENING AND TO GET
THIS THING BEHIND US, AND THEN LET THE STAFF BRING THIS POLICY
FORWARD TO US, I WOULD RECOMMEND THAT WE DO RECEIVE THE
$143.78 FROM MRS. ABDULAZIZ AND MOVE THIS THING FORWARD, AT
THIS TIME." MOTION BY COMMISSIONER McLEOD.
MOTION DIED FOR LACK OF A SECOND.
COMMISSIONER MARTINEZ STATED, "I MAKE A MOTION THAT WE
ACCEPT POLICY OPTION 3, FOR AGENDA ITEM A. MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION.
COMMISSIONER BLAKE STATED, "MAYOR I WOULD LIKE TO MAKE AN
AMENDED MOTION THAT THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS MAKE A FINDING THAT OUR ENGINEER IS UNABLE
TO DETERMINE WHETHER OR NOT THE HOLE IS CONNECTED TO A
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LEAK; THAT OUR CITY ENGINEER IS UNABLE TO DETERMINE
WHETHER OR NOT THERE ARE ANY SPRINKLER PIPES AT, NEAR, OR
AROUND THE HOLE; THAT WE ARE UNABLE TO DETERMINE WHETHER
OR NOT THE METER THAT WAS TESTED WAS INDEED THE METER
THAT CAME FROM THE ABDULAZIZ' PROPERTY, AS IT DID NOT HAVE A
SERIAL NUMBER ON IT, AND THAT WE FIND THAT SINCE THERE IS NO
ABSOLUTE PROOF THAT THERE WAS A LEAK, THAT WE CHARGE THE
PROPERTY OWNER THE AVERAGE OF THE LAST TWELVE (12) MONTHS
- CONSUMPTION WATER BILL. THAT'S MY MOTION." COMMISSIONER
BLAKE ADDED, THE LAST TWELVE MONTHS PRIOR TO THAT MONTH,
THAT WOULD - GO FROM SEPTEMBER 1999 THROUGH AUGUST 2000,
EXCLUDING THE BILL IN QUESTION." AMENDMENT BY COMMISSIONER
BLAKE.
AMENDMENT DIED FOR LACK OF A SECOND.
Mayor Partyka added, "Ultimately, it comes down - $72.77 , as the Amendment."
Commissioner Blake clarified, "Mayor, I did not use a number. I used a formula."
COMMISSIONER McLEOD STATED, "I'D LIKE TO MAKE A MOTION THEN
IF THIS COMMISSION IS NOT WILLING TO TAKE A LOOK AT THE 140
SOME DOLLARS THAT THEY WERE WILLING TO OFFER, THEN I WOULD
GO BACK TO COMMISSIONER BLAKE'S WITH THE $72.77, AND THEN
AGAIN ASK THAT STAFF GO BACK AND LOOK AT AN EXTRAORDINARY
USE POLICY, AND TO BRING THAT BACK IN FRONT OF US, AT A LATER
DATE, AND I WOULD HOPE WITHIN NINETY DAYS."
COMMISSIONER McLEOD CLARIFIED, "I WOULD LIKE TO AMEND THE
MOTION THAT IT BECOMES A $72.77 WITH THE EXTRAORDINARY USE
POLICY TO BE BROUGHT BACK TO US WITHIN 90 DAYS."
MAYOR PARTYKA STATED, SO YOUR AMENDMENT IS NUMBER ONE?"
COMMISSIONER McLEOD CLARIFIED, "MINE IS NUMBER ONE, BUT
WITH AN EXTRAORDINARY USE POLICY - THAT NUMBER 1 DOES NOT
HAVE IN IT." COMMISSIONER BLAKE ASKED, "DOES THAT MOTION
INCLUDE THE FINDINGS THAT I LISTED IN MY EARLIER AMENDED AND
SUGGESTED AMENDED MOTION?" COMMISSIONER McLEOD REPLIED,
"SURE." SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
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VOTE:
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MAYOR PARTYKA: NAY
MOTION DID NOT CARRY.
DEPUTY MAYOR GENNELL STATED, "MR. MAYOR, CALL THE QUESTION
PLEASE." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
Commissioner Blake said, "Mayor - I have to appeal to the Chair." Commissioner Blake
then stated, "I would appeal to you to recheck your rules, prior to going any further in the
meeting. "
Commissioner Martinez stated, "Point of Order. Is it possible that this Commission can
sit here and continue to bat Motions back and forth, until somebody likes the motion that
one person makes. Instead of voting on the original Motion, if you don't like it, vote
against it, and let's get on with the new Motion."
Mayor Partyka called afive minute break at 9:10 p.m.
Mayor Partyka called the Meeting back to order at 9:22 p.m.
Mayor Partyka stated, "Let the record show that we are back from recess." Mayor
Partyka then spoke on the previous actions and who had the floor.
Mayor Partyka then stated, that Deputy Mayor Gennell "Does take precedence over
anyone else, with a light, and so I have recognized Commissioner Gennell, and Mr.
Garganese and I agreed to that. So, it is an order, and we have to call the question based
on Commissioner Gennell' s Motion."
VOTE: ("TO CALL THE QUESTION")
COMMISSIONER BLAKE: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: NAY
COMMISSIONER MARTINEZ: AYE
MAYOR PARTYKA: AYE
MOTION DID NOT CARRY.
Commissioner Blake stated, "Point of Order. I believe a Motion to call the question
requires a supermajority at best." Attorney Garganese added, "It requires two-thirds
vote." Mayor Partyka stated, "Two-thirds vote, that's a 60 percent. All right, Motion
fails." Attorney Garganese added, "Then debate follows under Robert's Rules."
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Deputy Mayor Gennell stated, "My recommendation stands that we do Option Number 3
as is one of the recommendations of the City Staff."
MAYOR PARTYKA STATED, "NOW MR. BLAKE, YOU HAD A CALL THE
QUESTION? I BELIEVE?" COMMISSIONER BLAKE STATED, "I DID."
MAYOR PARTYKA STATED, "CALL THE QUESTION." MAYOR PARTYKA
THEN ASKED, "IS THERE A SECOND ON CALLING THE QUESTION?"
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE: (ON CALLING THE QUESTION)
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
MAYOR PARTYKA: AYE
MOTION DID NOT CARRY.
Manager McLemore stated, "I simply want to clarify one thing in the record. Somewhere
I read in the record that there was a pipe broken in your yard, about this time, by a
concrete truck? Is that correct?" Brief discussion.
Commissioner Martinez stated, "Point of Order, Mr. Mayor. Stop It."
VOTE:
COMMISSIONER McLEOD: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
DEPUTY MAYOR GENNELL: AYE
MAYOR PARTYKA: AYE
MOTION CARRIED.
Commissioner Blake then stated, "Mayor, Point of Order. You may want to have the
Clerk review for Staff exactly just what happened, because they are asking me, and
frankly, I don't know."
Discussion ensued on what action just took place. Ms. Frangoul stated, "And I am
supposed to come back to you with an Ordinance?" Mayor Partyka stated, "The Motion
says, Option 3 - and it talks to recommending Option 3 being - the whole scenario,
$215.69, and part ofthat is any kind of extraordinary use policy. Okay?"
"Mayor, Point of Order," stated Commissioner Blake. Commissioner Blake then said, "I
would like to have that Motion re-read and read correctly so that everyone is very clear
on what you voted for, because what you stated just now, is not what was voted for."
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Mayor Partyka asked those who voted "in the positive" - what was their understanding of
the Motion, was it as I stated?"
Commissioner Martinez stated, "Option 3 - two hundred fifteen dollars and change."
Deputy Mayor Gennell stated, "Option 3 - yes."
Commissioner McLeod said, "I think the question becomes Mayor, is it an Option 3 as
Option 3 stands, or is it recommendation 2, which says that if you want an extraordinary
use policy, then you use Option 3. So, is there an extraordinary use policy attached to the
Motion, or not? I think that is the Commissioner's question."
Further discussion. Commissioner Blake stated that "The recommendation is if the
Commission desires an extraordinary use policy - it is recommended that Option 3 which
lays out how an extraordinary use policy could be put into effect, what the math would
be, and additionally, how that math, if this were applied, would specifically affect this
customer. And then be applied to Ms. Abdulaziz' case." Mayor Partyka stated, "I
believe that was the Motion."
Mayor Partyka further stated, "This is the recommendation. These two Commissioners
and myself agree with the recommendation that was given to the staff. That's what it has
come down to be. Now, if somehow we missed a word or terminology, that's the intent
here. "
Tape 2/Side A
COMMISSIONER BLAKE STATED "MR. MAYOR, WHAT I WOULD
SUGGEST IS THAT IN FACT IF YOU WILL RECOGNIZE ME FOR THIS
PURPOSE, I WILL MAKE THE MOTION THAT WE HOLD TONIGHT'S
ACTION IN ABEYANCE UNTIL THE NEXT MEETING, WHEN WE CAN
REVIEW THE RECORD VERBATIM, FROM THIS ACTION TONIGHT, AND
THEN DETERMINE, WHAT ACTION THE BOARD TRULY DESIRES TO
TAKE. I THINK AT THIS POINT, THAT IS THE ONLY FAIR AND LOGICAL
WAY TO GO." MOTION BY COMMISSIONER BLAKE.
Mayor Partyka stated, "I believe the Motion may be out of order, at this point, because
what we are still talking about is clarification of this Motion." Commissioner Blake
stated, "My Motion would address that directly."
Commissioner Martinez said that he was "Not confused and I would like to state for the
record that Commissioner Blake should not be reading through my mind because he is
not a CNBC reporter on TV trying to upstage the others around him. He cannot read into
my mind."
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Commissioner Martinez further stated, "I made a Motion that says I approve Option 3.
They keep talking that this was not a recommendation. It's very clear here, that it is a
recommendation, and when the Finance Director got up there, she said that was her
recommendation, for us to work with. And I said, 'And I make a Motion to approve
Option 3, Policy Option which is titled up here '3' in Item 'A,' and eventually I indicated
two hundred fifteen dollars and change, which was the amount posted on there. That's
what the Motion was - it's very clear."
Mayor Partyka stated, "I believe the Motion has been passed. Okay."
COMMISSIONER BLAKE RESTATED HIS LAST MOTION, AND STATED
THAT "THE MOTION WAS QUITE SIMPLY THAT WE HOLD BACK - IN
ABEY ANCE ANY ACTION ON THE PREVIOUS MOTION UNTIL SUCH TIME,
NEXT MEETING, THAT WE HAVE AN OPPORTUNITY TO REVIEW THE
VERBATIM RECORD SO THAT WE MAY MORE CLEARLY ASCERTAIN
EXACTLY WHAT THE INTENT OF THE COMMISSION WAS." SECONDED
BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER McLEOD: AYE
MAYOR PARTYKA: NAY
MOTION DID NOT CARRY.
COMMISSIONER McLEOD STATED, "I WOULD LIKE TO MAKE A MOTION
THAT THIS RECORD OF THIS PORTION OF THIS MEETING BE
VERBATIM." MOTION BY COMMISSIONER McLEOD. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
MAYOR PARTYKA: NAY
MOTION DID NOT CARRY.
Commissioner McLeod said, "Then I would request that I have a tape of this meeting for
tomorrow, in my basket. Thank you."
DEPUTY MAYOR GENNELL STATED, "IN ORDER TO CLARIFY ANYTHING
THAT HAS HAPPENED WITH THIS ISSUE, I MOVE THAT WE IN ADDITION,
ADOPT RECOMMENDATION NUMBER 2, AS LISTED IN AGENDA ITEM
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'A.'" MOTION BY DEPUTY MAYOR GENNELL.
COMMISSIONER MARTINEZ. DISCUSSION.
SECONDED BY
Manager McLemore stated, "We don't have an Ordinance yet, but - doing what she is
suggesting gives us direction to bring you back an Ordinance."
Attorney Garganese stated, "That is not entirely recommendation number 2, as applied to
resident's appeal. It's simply to request that the policy be brought back for City
Commission consideration and adoption." Deputy Mayor Gennell added, "That's
correct." Manager McLemore added, "And she is stating that in addition to the Motion
that's already been adopted."
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: NAY
MAYOR PARTYKA: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE CONSENT AGENDA WAS THEN DISCUSSED,
AS FOLLOWS. .:..:.
III. CONSENT
CONSENT
A. Public Works/Stormwater Department
Requesting Approval To Accept An Easement For Access To Oak Forest Lake For
Maintenance Purposes.
(This Agenda Item Has Been Postponed)
CONSENT
B. Public Works Department
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Services For City Rights Of Ways And Ponds.
CONSENT
C. Parks and Recreation Department
Requesting The City Commission To Authorize Increased Pricing Of 3 Products
And Decreased Pricing Of 1, And The Addition Of 5 New Products Sold At The
Central Winds Park Concession.
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CONSENT
D. Office Of The City Clerk
Approval Of The Minutes Of The November 2, 2000 Special City Commission
Meeting.
CONSENT
E. Office Of The City Clerk
Approval Of The Minutes Of The November 13, 2000 Regular City Commission
Meeting.
Mayor Partyka stated, "Looking for a Motion to approve Consent Agenda."
COMMISSIONER MARTINEZ STATED, "SO MOVED." SECONDED BY
DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
IV. INFORMATIONAL
INFORMATIONAL
A. Police Department
Providing Additional Information To The Commission Regarding Speeding And
Traffic Conditions On Shore Road Based On Traffic Surveys Conducted Since
August 14, 2000.
Brief discussion.
INFORMATIONAL
B. Utility Department
Advising The City Commission Of The Proposed Potable Water Projects In This
Fiscal Year.
Commissioner Blake asked Mr. Kip Lockcuff, P.E., Public WorksfUtility Department
Director, "My question is about the water main on 434, from Vistawilla to 417. We're
paying for that?" Mr. Lockcuff replied, "We're considering contributing to the up-
sizing." Commissioner Blake further stated, "And that would be an additional $50,000?"
Mr. Lockcuff replied, "Approximately." Commissioner Blake further stated, "But that
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hasn't been approved in any budget as of yet." Mr. Lockcuff agreed and stated, "Not
formally - correct."
Commissioner Blake further inquired, "When would that come before us as a budget
request?" Commissioner Blake added, "If this project is planned for the year, and it is
not in our budget, when did you plan to bring it to us, and how?" Manager McLemore
stated, "Ninety days - do you think, Kip." Mr. Lockcuff stated, "We can bring it next
time."
Mayor Partyka stated, "Is there a Motion to approve the Informational Agenda."
COMMISSIONER MARTINEZ STATED, "SO MOVED."
DISCUSSION.
SECONDED.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTYMAYORGENNELL: AYE
MOTION CARRIED.
V. PUBLIC HEARINGS
PUBLIC HEARINGS
A. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading And
Adoption Of Ordinance 2000-36 That Would Annex Approximately 10 Acres Of
The Carroll Property.
Attorney Garganese read Ordinance Number 2000-36 by "Title" only.
Attorney Garganese also stated, "This is the Second Reading and a Public Hearing, with
respect to this Ordinance and the newly attached Exhibit "A," Metes and Bounds Survey
that we attached at the last City Commission Meeting for First Reading. As you know, -
there has been testimony that was presented during First Reading which the Commission
heard and that testimony and any other evidence for purposes of this hearing should be
incorporated in the City Commission's decision this evening, by reference."
Commissioner Blake stated, "Mr. Attorney, Are we missing a word in the 'Title' of the
Ordinance? Should it not state, 'The Luther and Joann Carroll property' - add the word
'property.' So, that would be a scribner's error, non-material?" Attorney Garganese
stated, "That is a scribner's error and it's not really material to this Ordinance."
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Mr. Luther Carroll, 11909 Narcoosee Road, Orlando, Florida: stated "I am here
requesting the annexing of approximately 10 acres."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
Ms. Deborah Pierre, City of Oviedo, Oviedo, Florida: on behalf of the City of Oviedo,
she stated the City's opposition to this annexation, and submitted documentation for the
record. Discussion.
Deputy Mayor Gennellleft at 10:10 p.m.
Attorney Garganese asked Ms. Pierre, "For the record - can the City of Oviedo provide
water and sewer to the subject property?" Ms. Pierre stated, "I am not sure. I can't
answer that question." Attorney Garganese stated, "I believe at the last City Commission
Meeting, some representatives of Oviedo said they could not, and Oviedo was aware that
this is a voluntary annexation; that the property owner is requesting annexation into the
City of Winter Springs."
Mr. Grimms stated, "Yes, at this time, my understanding is the City of Oviedo cannot
provide the services."
Ms. Frances Chandler, 1101 East First Street, Sanford, Florida: as the Deputy County
Manager, she noted the County of Seminole's opposition to this annexation. Ms.
Chandler noted documentation that was being submitted for the record.
Tape 3/Side A
The "Public Input" portion of this Agenda Item was closed.
"I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE 2000-36."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
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PUBLIC HEARINGS
B. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading And
Consideration Of Ordinance 2000-40 That Would Annex The Approximately 30+/-
Acre Weaver Parcel.
Attorney Garganese read Ordinance Number 2000-40 by "Title" only.
Attorney Garganese also stated, "Mayor, this is the Second Reading with the Metes and
Bounds legal description as attached as Exhibit "A." This is a Public Hearing. To save
the Deputy County Manager the time, there was testimony at the last City Commission
meeting where this Ordinance was considered on First Reading and that testimony should
be incorporated here by reference."
Commissioner Blake stated, "Mr. Mayor, if I may, while he is coming up, just again
reiterate that there was a time some six years ago, maybe seven, that Mr. Weaver was a
client of mine for a single municipal bond transaction, and I just wanted to disclose that
again. "
Mr. Weaver, 844 Lake Mills Road, Chuluota, Florida: stated "I have voluntarily
requested annexation into the City of Winter Springs."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
Ms. Deborah Pierre, City of Oviedo, Oviedo, Florida: submitted documentation for the
record, and stated the City's opposition to this annexation, on behalf of the City of
Oviedo.
Ms. Frances Chandler, 1101 East First Street, Sanford, Florida: as the Deputy County
Manager, she noted Seminole County's opposition to this annexation, and noted
documentation submitted by Seminole County.
Mayor Partyka stated, "So noted for the record."
The "Public Input" portion of this Agenda Item was closed.
"I'LL MAKE A MOTION THAT WE ADOPT ORDINANCE NUMBER 2000-40."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
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PUBLIC HEARINGS
C. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading And
Consideration Of Ordinance 2000-41 That Would Annex The Approximately 34.7
+/- Acre (Minter) Parcel.
Attorney Garganese read Ordinance Number 2000-41 by "Title" only.
Attorney Garganese also stated, "Mayor, this is the Second reading with this Metes and
Bounds legal description. It also is a Public Hearing, and the purpose of this Hearing
which we should incorporate by reference, the comments, testimony, evidence presented
at the previous City Commission Meeting."
Mayor Partyka stated, "So noted."
Mr. Tom Minter, 1700 DeLeon Street, Oviedo, Florida: stated "I just wanted to say this
is a voluntary annexation. Thank you very much."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
Ms. Deborah Pierre, City of Oviedo, Oviedo, Florida: on behalf of the City of Oviedo,
Ms. Pierre spoke of the City's opposition to this annexation, and again submitted a letter
for the record.
"MAY I MAKE A MOTION TO EXTEND THE MEETING ONE HOUR."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Mayor Partyka asked Mr. Garganese, "In your opmlOn, have we done everything
correctly?" Attorney Garganese stated, "Yes."
Ms. Frances Chandler, 1101 East First Street, Sanford, Florida: as the Deputy County
Manager, she noted Seminole County's opposition to this annexation, and mentioned the
previous comments made by County Manager Kevin Grace at the previous meeting. A
letter handed out at the previous City Commission Meeting was resubmitted by Seminole
County.
Mayor Partyka stated, "So noted."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 27, 2000
PAGE 15 OF 22
Discussion ensued on the Minter property. Commissioner Blake stated, "For the record,
Mr. Grimms is pointing out that property that is duly identified, both within the
Ordinance and through the map, the metes and bounds description as the Minter
property."
The "Public Input" portion of this Agenda Item was closed.
"I'D LIKE TO MAKE A MOTION THAT WE DO PASS FORWARD
ORDINANCE 2000-41." MOTION BY COMMISSIONER McLEOD.
SECONDED. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
PUBLIC HEARINGS
D. Community Development Department - Planning Division
Requests That The Commission Conduct A Public Hearing For A Second Reading
And Consideration Of Ordinance 2000-39 That Will Amend Chapter 8 Of The Code
Of Ordinances Related To Flood Damage Prevention And Section 9-241 Related To
Stormwater Management.
"I WOULD LIKE THE COMMISSION TO SUPPORT ME IN POSTPONING
THIS ITEM FOR A DATE CERTAIN, THAT BEING DECEMBER 11TH, DUE TO
THE FACT THAT I HAVE SOME MATERIAL HERE THAT I NEED TO
INTRODUCE AND DISCUSS AND THIS IS GOING TO BE TAKING SOME
TIME, AND WE HAVE PEOPLE WAITING. - TO DECEMBER 11TH. MOTION
TO POSTPONE TO DECEMBER 11 TH BY COMMISSIONER MARTINEZ.
MOTION DID NOT CARRY.
Attorney Garganese read Ordinance Number 2000-39 by "Title" only.
Mr. Terry M Zaudtke, P.E., CPH Engineers, Inc. 1117 East Robinson Street, Suite C,
Orlando, Florida 32801: discussed this matter.
Tape 3/Side B
Discussion.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 27, 2000
PAGE 16 OF 22
The "Public Input" portion of this Agenda Item was closed.
Commissioner Blake stated, "Adoption of this Ordinance does or does not require us to
bring on staff, a team to manage floodway and floodplain development." Manager
McLemore stated, "Does not." Commissioner Blake further said, "I just want to make
sure it was good for the record."
Mr. Zaudtke stated, "Charles, in reading through a couple of provisions, thought that we
maybe should make a couple of word changes, if I may present those to you. On page
l2, Section 8-52., Item Number (1), where you have underlined '18 inches,' he believes
we should insert the words 'to a minimum of 18 inches;' and the same in paragraph (2),
insert the words, 'a minimum of before 18 inches." Mr. Zaudtke further stated, "And
that also applies to section 9-241."
Attorney Garganese stated that these suggestions were not material changes.
"MAYOR, I'D LIKE TO MAKE A MOTION FOR ADOPTION OF ORDINANCE
2000-39, AN ORDINANCE PERTAINING TO CHAPTER 8, DEALING WITH
FLOOD - DAMAGE PREVENTION, AND SECTION 9-241., STORMW ATER
MANAGEMENT, IN THE CITY OF WINTER SPRINGS." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McLEOD: AYE
MOTION DID NOT CARRY.
Discussion ensued on the last action. Mayor Partyka stated, "It may be worthwhile to
bring this back with more Commissioners."
Commissioner Blake added, "Unless there is an affirmative vote to rescind the previous
action, which would require three (3) Commissioners."
Attorney Garganese added, "We would have to start the whole procedure all over again,
and have a first reading - if the Ordinance came back."
COMMISSIONER MARTINEZ STATED, "MAYOR, WHY CAN'T EXTEND A
HALF HOUR TO GIVE THEM AN OPPORTUNITY?" COMMISSIONER
MARTINEZ STATED, I'LL MAKE THAT MOTION." MOTION TO EXTEND
BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER
McLEOD. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 27, 2000
PAGE 17 OF 22
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: AYE
MOTION DID NOT CARRY.
"MAYOR I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND THE
MEETING TO COVER THE BLUMBERG AGREEMENT, AND ALLOT TIME
AFTER THAT AGREEMENT IS HANDLED, TO SET A TIME FOR A
CONTINUANCE OF THE MEETING." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
NEXT HEARD, AS DISCUSSED. .:. .:.
REGULAR
I. City Manager
Requests The Commission Approve An Agreement Between Lewis And Juanita D.
Blumberg And The City Of Winter Springs Relative To The Town Center.
Attorney Garganese advised the Commission in detail about this Agenda Item. Attorney
Garganese stated, "Generally, you have before you two (2) Agreements. Y Oil have the
first Agreement which is a contract to purchase the Boulevard property from the
Blumbergs. The Boulevard property is the property shaded blue on the map and it
basically would be for purposes of constructing Hickory Grove Boulevard. As you
remember, Hickory Grove Boulevard is an obligation on the City, under the James Doran
Agreement, so the acquisition of that property would help that Agreement fall into
place. "
In addition to the acquisition of the Boulevard property, you have another Agreement and
that Agreement does a couple of things. That Agreement would give the City of Winter
Springs a two (2) year option to acquire the property that is in orange. That Agreement
would also give the City a perpetual Recreational Easement to connect Hickory Grove
Parks 1 and 2 - (Charles is pointing out that easement) - that would be a thirty (30) foot
Public Recreational Easement. In addition, the Agreement would give the City a right of
first refusal for a period of five years on the Blumberg Residence property."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 27,2000
PAGE 18 OF 22
Attorney Garganese explained that "The right of first refusal is simply that in any event
the Blumbergs receive a binding offer to purchase their property, the City would have the
right of first refusal to purchase the property, based on the terms and conditions of the
Agreement that the Blumbergs receive from some third party. The Option to acquire the
orange property could be exercised at the City's' discretion during the two year time
period. And, generally, all of these Agreements are also conditioned on the City
Commission vacating a portion of, I believe it is First Street - (Charles will point that
out). That right of way currently bisects the property owned by Mr. Blumberg."
"In addition, Mr. Blumberg will be reserving the ability to cross the Recreational
Easement, for a temporary period of time by a pedestrian or a vehicle; and his concern is
he wants to make sure that he can connect his two (2) properties." Attorney Garganese
added, "We want to go green-to-green, and he wants to go white-to-white. In addition,
this contract to acquire this property is contingent upon Mr. Blumberg selling the Hickory
Grove Park properties to the State of Florida. That contract is currently pending in
closing."
Attorney Garganese added, "Mr. Blumberg would also be conveying to the State, the
medians - there are three (3) medians on Hickory Grove Boulevard, 'A,' 'B,' and 'C;'
and that is also a condition before the City would be obligated to purchase the Boulevard
property in blue."
Furthermore, Attorney Garganese stated, "With respect to the Public Recreational
Easement, there is a provision currently in the draft that would allow the City to install
recreational equipment. Mr. Blumberg wants to limit that to pave trails and signage.
Other than that, the Easement would be for ingress and egress to connect the two (2)
parks. "
Attorney Garganese added, "In the Option Agreement, there is a provision that Mr.
Blumberg would not encumber the Option property in orange during the two (2) year
time period, and he was concerned that it could technically be foreseeable where he
would have perhaps a mortgage or a lien that would encumber the Option, and he wants
to make it clear that if for any reason he did mortgage the property, he could do that over
the Option property in orange; however, if we exercise our right to purchase the Option
property, then obviously he would satisfy the lien at that time, prior to closing. He will
agree that during the Option period, he will not lease or sell the Option property. And
from my standpoint, I think that sufficiently protects the City and with respect to the
Agreement to acquire Property and Easement, we just need to add an 'Exhibit Five (5)'
which would depict the residents property; and those are the only amendments."
"MAYOR, I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF
WINTER SPRINGS APPROVES THE AGREEMENTS AS NEGOTIATED AND
AS AMENDED THIS EVENING, WITH JUANITA AND LEWIS BLUMBERG FOR PROPERTIES LOCATED IN THE WINTER SPRINGS TOWN CENTER."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 27,2000
PAGE 19 OF 22
MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Tape 4/Side A
"I'LL MAKE A MOTION THAT WE HEAR ITEM "B,' REGULAR AGENDA."
MOTION BY COMMISSIONER McLEOD.
COMMISSIONER MARTINEZ STATED, "SHOULD THERE BE A MOTION TO
EXTEND." MAYOR PARTYKA STATED, "MOTION TO EXTEND BY THIS
ONE ITEM." SECONDED. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: AYE
MOTION DID NOT CARRY.
With consensus of the Commission, it was decided that the Commission would meet on
Monday, December 4th at 6:30 p.m. to complete this Meeting.
"I MAKE A MOTION THAT WE CONTINUE THIS MEETING TO MONDAY,
DECEMBER 4TH, 6:30." MOTION BY COMMISSIONER BLAKE. SECONDED
BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Mayor Partyka adjourned the meeting at 12:11 p.m.
.:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED
DURING THE REGULAR MEETING OF NOVEMBER 27, 2000. .:..:.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 27,2000
PAGE 20 OF 22
VI. REPORTS
REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
REPORTS
B. City Manager - Ronald W. McLemore
REPORTS
C. City Clerk - Andrea Lorenzo-Luaces
REPORTS
D. Commission Seat V - David W. McLeod
REPORTS
E. Commission Seat I - Robert S. Miller
REPORTS
F. Commission Seat II - Michael S. Blake
REPORTS
G. Commission Seat III - Edward Martinez, Jr.
REPORTS
H. Commission Seat IV - Cindy Gennell
REPORTS
I. Office Of The Mayor - Paul P. Partyka
VII. REGULAR
REGULAR
B. Community Development Department - Land Development Division
Seeks Guidance From The Commission As It Relates To The Construction Of A
Retention Pond Within The 100 Year Flood Zone In The Proposed Belfaire (aka
Battle Ridge) Subdivision.
REGULAR
C. Finance Department
Requests The City Commission Authorize The City's Acceptance Of Credit And
Debit Cards As An Additional Payment Option For Utility Customer's And Accept
Debit Cards For Other City Services Paid At City Hall. This Item Is Unbudgeted
And Would Require: An Appropriation From Retained Earnings Of The Water
And Sewer Fund In The Amount Of $20,000 For FY 01 And, An Appropriation
From Fund Balance Of The Solid Waste Fund In The Amount Of $5,000 For FY 01
And, An Appropriation From General Fund Balance Of $1,000 For FY 01.
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 27, 2000
PAGE 21 OF 22
REGULAR
D. City Attorney
Requests the Commission Review His Legal Opinion Regarding Section 3 Of The
City Manager's Contract, As It Applies To Section 5.02 Of The City Charter.
REGULAR
E. Finance Department
Requests Commission Consider The Purchase Of Additional Equipment And
Software For The Finance And Utility Finance Department To Operate More
Efficiently And Economically And Fully Realize The Benefits Associated With The
Computer Conversion.
(This Has Been Postponed To The December 11,2000 Regular Meeting)
REGULAR
F. Parks and Recreation Department
Requesting That The City Commission Approve An Appropriation From The
General Fund. Fund Balance Of $14,400 Is Required To Cover The Projected
Increase In Utility Costs Due To Previous Under-Billing From Florida Power
Corporation For FY 2000/01.
REGULAR
G. Parks And Recreation Department
Requesting That The City Commission Approve Proceeding With Land Lease
Agreements With The Seminole County School Board And The American Annuity
Group To Provide Property For Youth Sports Practice Areas.
REGULAR
H. Office Of The City Clerk
Is Requesting That The City Commission Of The City Of Winter Springs Consider
The Attached Resolution Number 2000-38 Which Sets Forth A Suggested Format
And Style For All City Commission Meeting Minutes And Advisory Board And
Committee Meeting Minutes.
(This Has Beell Post pOlled To The December 11,2000 Regular Meeting)
REGULAR
J. Parks and Recreation Department
Requesting That The City Commission Approve Proceeding With Alternative
Master Plans For Improvements On The Property South Of The Police Station
With A Supplemental Appropriation From General Fund Reserves.
VIII. ADJOURNMENT
Respectfully submitted:
Andrea Lorenzo-Luaces
City Clerk
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NOTE: These minutes were approved at the December 11
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 27, 2000
PAGE 22 OF 22
. 2000 City Commission Meeting.
NOTE FROM THE CITY CLERIC
At The December II, 2000 Regular City Commission Meeting, The Following Brief
Discussion Ensued Regarding Consent Agenda Item "B" - The Approval Of The
November 27, 2000 Minutes:
Commissioner Blake stated, "On Item 'B,' that's the Minutes, I merely wanted to ask the
question as to whether or not we should get a copy of the Court Reporter's transcripts
from that meeting from the City of Oviedo, a Public Records Request and attach that to
our Minutes as well."
Mayor Partyka then asked, "Any comments from this Commission?"
Commissioner McLeod stated, "I would think that is a good idea."
Mayor Partyka stated, "Okay. Anyone else? Mr. Garganese, your thoughts."
Attorney Garganese stated, "That's a good idea; you can do that."
Mayor Partyka stated, "Okay, so is everybody in agreement with that? Okay, so make it
so!"
NOTE FROM THE CITY CLERK:
Shortly After The Above Discussion, The Approval Of The November 27, 2000 Consent
Agenda Took Place, As Documented:
MOTION TO "APPROVE THE CONSENT AGENDA, MINUS THOSE ITEMS THAT
WERE MOVED OUT TO OTHER SPECIFIC AREAS OF THE AGENDA." MOTION
BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
TRANSCRIPT ADDITION
CITY COMMISSION
TRANSCRIPT ADDITION TO THE NOVEMBER 27, 2000 REGULAR MEETING MINUTES
PAGE20F2
NOTE FROM THE CITY CLERK:
The Document Referenced In The Above Discussion(s) Is Attached To These Minutes Of
The November 27, 2000 Regular City Commission Meeting, And Are Part Of The
Permanent Record:
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Transcript Respectfully Submitted By:
Andrea LorenzQ-iuace.;;~
City Clerk ; ~ - ,-_
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