HomeMy WebLinkAbout1999 09 27 Consent Item B
COMMISSION AGENDA
ITEM B
Consent X
Informational
Public Hearings
Regular
September 27. 1999
Regular Meeting
Mgr. / Dept.
Authorization
B. City Clerk's Office
Approval Of The Minutes For The Regular Meeting Of September 13, 1999.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
SEPTEMBER 27,1999
I. CALL TO ORDER
The Regular Meeting of September 27,1999 of the City Commission was called to order
by Mayor Paul P. Partyka at 6:31 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, arrived at 6:45 p.m.
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, absent
Public WorkslUtility Department Director, Mr. Kipton D. Lockcuff, P.E., present
Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present
Interim City Clerk, Andrea Lorenzo-Luaces, absent
.:..:. AGENDA CHANGE: THE COMMISSION AGREED TO DISCUSS
CONSENT AGENDA ITEM "D". .:..:.
Commissioner Michael S. Blake arrived at 6:45 p.m.
II. PUBLIC INPUT
Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: spoke regarding
Resolution Number 890; asked the Mayor not to sign the Resolution until after a twenty
(20) day period; and spoke about the upcoming Municipal Election.
There was discussion regarding the bonds being sold; due diligence; the bond closing;
amending tax rolls; and notice.
Harold Scott, 911 Augusta National Boulevard, Winter Springs, Florida: addressed the
Commission regarding the Agenda being amended; and other the budgets of other Cities.
Trish Drebert, 500 Hayes Road, Winter Springs, Florida: asked about the Winn Dixie in
Casselberry; if the City can install an overhead blinking school zone light at Winter
Springs Elementary School; said that the City needs a website; and asked that the
children's play areas at Torcaso park be fenced in.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27,1999
Page 2 of 17
.:..:. AGENDA CHANGE: THE FOLLOWING AGENDA ITEMS ARE
DOCUMENTED IN THE ORDER DISCUSSED. .:..:.
Presentation
Mr. Chuck Pula, Director, Parks and Recreation Department, introduced Mr. Russell E.
Voigt, President of the Winter Springs Little League; Mr. John Sestito, President of the
Winter Springs Soccer Club; and an Officer Soccer Club. Mr. Pula thanked both
Organizations and expressed appreciation for their efforts. Mayor Partyka also thanked
both Organizations on behalf of the City; and read the letters from both Organizations
that were included in the Agenda Item Packet. Mr. Voigt commended the City and the
City workers; and passed out plaques to the Mayor and Commission.
.:..:. AGENDA CHANGE: THE COMMISSION WAS IN AGREEMENT TO
VOTE ON CONSENT AGENDA ITEMS "D" AND "E" SEPARATELY. .:..:.
III. CONSENT
A. Parks And Recreation Department
Requesting The City Commission To Accept The Selection Committee's
Recommendation And Award The Playground Equipment And Installation To
Dominica Recreation Products, Inc. (Representing Gametime Equipment) And
Authorize The City Manager To Enter Into An Agreement For Said Services Not To
Exceed $300,000.00.
(This Agenda Item is postponed to the October 11, 1999 City Commission Regular
Meeting).
B. City Clerk's Office
Approval Of The Minutes For The Regular Meeting Of September 13, 1999.
Mayor Partyka stated, "I'm looking for a Motion to approve the Minutes".
"SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER
MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER
MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER
McLEOD: AYE. MOTION CARRIED.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27, 1999
Page 3 of 17
C. Parks And Recreation Department
Requests The Commission Accept The Donation Of Shade Cloth From Winter
Springs Little League And A Set Of Soccer Goals From Winter Springs Soccer Club
To The City For Use At Central Winds Park.
(This Agenda Item Has Been Designated As A Presentation And Will Be Heard At The
Beginning Of The Meeting).
This Agenda Item was heard at the beginning of the meeting as a Presentation.
D. Community Development Department
Requests The City Commission Authorize The City Manager To Enter Into A
Contract With The Firm Of Breedlove Dennis Associates (BDA) To Prepare
Amendments To The City Code Affecting Wetlands, Conservation Areas, And
Docks.
There were concerns as to why two different firms were needed "To reach the same
goals", regarding Consent Agenda Items "D" and "E". Discussion ensued about if the
firms have the expertise to deal with the engineering and floodplain issues; Staffs
recommendations; methods other Municipalities use; a model floodplain Ordinance; the
Parkstone Planned Unite Development; protecting wetlands; restrictions; and regulations
that are "Unique to the Winter Springs environment".
MOTION BY DEPUTY MAYOR GENNELL. "I MOVE TO APPROVE ITEM 'D'
ON THE CONSENT AGENDA, TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH THE FIRM OF BREEDLOVE DENNIS
AND ASSOCIATES TO PREPARE AMENDMENTS TO THE CITY CODE
AFFECTING WETLANDS, CONSERVATION AREAS, AND DOCKS".
SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
There was much discussion regarding "avoiding duplication"; the City having flood
insurance rate maps (FIRM) "in house"; past directives to Staff; previous meetings
regarding floodplains; docks; developing a new Ordinance; amendments to the City
Code; and reviewing the City Code.
VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ:
AYE; COMMISSIONER McLEOD: NAY; COMMISSIONER BLAKE: NAY;
COMMISSIONER MILLER: AYE. MOTION CARRIED.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27, 1999
Page 4 of 17
E. Community Development Department
Requests The City Commission Authorize The City Manager To Enter Into A
Contract With The Firm Of CPH Engineers, Inc. To Prepare Amendments To The
City Code Affecting Floodplains.
"MR. MAYOR, I MOVE TO REFER ITEM 'E' BACK TO THE CITY
MANAGER FOR HIM TO GIVE US FURTHER INFORMATION". MOTION
BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER
McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER
BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
Commissioner Edward Martinez, Jr. stated, "I'd like to set the record straight, I'd like to
apologize to Mr. Carrington, if he misunderstood my intentions. My intentions were
directed, the same direction as they have been from the beginning, and I hope that you
weren't offended by my remarks, as the Mayor seems to imply".
IV. INFORMATIONAL
A. Community Development Department - Land Development Division
Presents To The Commission For Informational Purposes The Proposed Site Plan
For Winter Springs Executive Park.
B. Public Works Department
Advising The City Commission That Project Information Signs Will Be Installed
Throughout The City.
C. Public Works Department
Advising The City Commission Of The Tree Give Away Program For The 1999
Arbor Day Celebration In Conjunction With The Tree City USA Requirements.
MOTION BY DEPUTY MAYOR GENNELL. "I'LL MAKE A MOTION, IF NO
ONE ELSE WANTS TO, TO APPROVE THE INFORMATIONAL AGENDA".
SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE:
COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE;
COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER McLEOD: AYE. MOTION CARRIED.
Mayor Partyka announced that the City of Winter Springs Arbor Day Celebration will be
held on October 9, 1999, starting at 9:00 a.m., at both of the City's Fire Stations.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27, 1999
Page 5 of 17
V. PUBLIC HEARINGS
A. Community Development Department - Land Development Division
Requests The Commission To Hold The First Of Two Required Public Hearings
Relative To Approval Of A Development Agreement With The Winter Springs Golf
Course (A.K.A. Winter Springs L.L.C.).
Mr. Donald LeBlanc, Land Development Coordinator, briefly introduced this Agenda
Item.
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
Discussion ensued regarding a delay in landscape plans; that the Winter Springs Golf
Course approved of the Development Agreement; a "five year stipulation"; extending the
sign up program for the youth program; and the range of ages for the youth program.
"I'LL MAKE A MOTION TO MOVE IT ON TO SECOND READING".
COMMISSIONER McLEOD SECONDED. DISCUSSION. VOTE:
COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY
MAYOR GENNELL: AYE. MOTION CARRIED.
Mayor Partyka announced that the date, time and place of the second Public Hearing of
the above mentioned Development Agreement will be Monday, October 11, 1999, at 6:30
p.m. in the Commission Chambers of Winter Springs City Hall, 1126 East State Road
434, Winter Springs, Florida 32708.
Mr. Elliot Chick, General Manager, Winter Springs Golf Course, 900 West State Road
434, Winter Springs, Florida: briefly spoke to the Commission in reference to extending
the sign-up period for the youth program.
B. City Manager
Requests The City Commission Consider A Second Reading Of Ordinance #735
Amending Chapter 3, Alcoholic Beverages Of The City Code.
Attorney Guthrie read Ordinance Number 735 by "title only".
Mayor Partyka opened the Public Hearing.
There was no public input.
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REGULAR MEETING - SEPTEMBER 27, 1999
Page 6 of 17
The Mayor closed the Public Hearing.
Attorney Guthrie explained what changes this Ordinance would make.
MOTION BY COMMISSIONER BLAKE. "MAYOR, I MAKE A MOTION WE
ADOPT ORDINANCE 735, AT THIS TIME, HOWEVER STRIKING SECTION,
THE UPDA TE OF CODE SECTION 3-2., WHICH RELATES TO THE
ELIMINATION OF SEPARATION BETWEEN ESTABLISHMENTS SERVING
ALCOHOLIC BEVERAGES AND CHURCHES AND SCHOOLS".
(COMMISSIONER BLAKE FURTHER EXPLAINED THE MOTION).
Tape I/Side B
(COMMISSIONER BLAKE CONTINUED EXPLAINING THE MOTION).
SECONDED BY COMMISSIONER McLEOD. MUCH DISCUSSION.
The Commission discussed how the Ordinance relates to the proposed Town Center; the
distance between establishments that serve or sell alcohol and churches or schools;
intense development; store frontage; and revisiting the issue at a later date.
COMMISSIONER McLEOD AMENDED THE MOTION BY SAYING, "I'D LIKE
TO ALTER THE MOTION THAT WE DO APPROVE ITEM 'B' AS IN THE,
WITH RECOMMENDATIONS OF NUMBER ONE AND, OR SECTION ONE
AND SECTION TWO, SECTION THREE, SECTION FOUR AND SECTION
FIVE". COMMISSIONER MILLER SECONDED THE AMENDMENT.
DISCUSSION.
Mayor Partyka said, "Call the vote on the amendment". Deputy Mayor Gennell asked,
"The amendment is to go with it just like it is"? Mayor Partyka replied, "Just the way,
the entire reading".
VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD:
AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE;
COMMISSIONER BLAKE: NAY. MOTION CARRIED.
Mayor Partyka asked, "That takes care of everything, is that correct"? Attorney Guthrie
replied, "It makes the first Motion a nullity". Discussion ensued on whether a vote
should be taken on the original Motion.
"MR. MAYOR, I MOVE TO ADOPT ORDINANCE 735 AS PRESENTED
HERE". MOTION BY COMMISSIONER MILLER. COMMISSIONER
MARTINEZ SECONDED. DISCUSSION.
MINUTES
CITY OF WINTER SPRINGS
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Page 7 of 17
There was continued discussion if another Motion was necessary and whether a vote
should be taken on the original Motion. Mayor Partyka added, "The agreement was to
approve the amendment, therefore the Motion is now the entire Ordinance 735 as stated
here".
VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ:
AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: NAY;
DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
C. Community Development Department - Planning Division
Requests The City Commission Hold A Second Reading For Adoption Of
Ordinance 740 To Annex The 59.45 Acre Elizabeth Morse Foundation Property.
Attorney Guthrie read Ordinance Number 740 by "title only".
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
MOTION BY COMMISSIONER McLEOD. "I WOULD LIKE TO MAKE A
MOTION THAT WE ADOPT ORDINANCE 740 TO ANNEX THE 59.45 ACRE,
ELIZABETH MORSE". SECONDED BY COMMISSIONER BLAKE.
DISCUSSION. VOTE. COMMISSIONER McLEOD: AYE; DEPUTY MAYOR
GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER
BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED.
D. Community Development Department - Code Enforcement Division
Requests The City Commission Hold A Public Hearing To Approve The Second
Reading And Adoption Of Ordinance No. 734, Concerning Tree Removal And
Replacement.
Attorney Guthrie read Ordinance Number 734 by "title only".
Ms. Jimette Cook, Code Enforcement Officer, informed the Commission that a change
that was made at the first Public Hearing was inadvertently left out of the Ordinance. Ms.
Cook explained that Section 5-3., sub-section (d), sub-section (1), the words "Public
rights-of-way" should be changed to "Public land"; in sub-section 2, the words "Public
rights-of-way" should be changed to "Public land"; and that this change reflects the
changes the Commission had agreed upon at the first reading of Ordinance Number 734.
Attorney Guthrie stated, "I'm very comfortable with that because it was authorized,
discussed and recommended at first reading. So this is really just to take care of a
scribner's problem, it just wasn't reflected in this version".
MINUTES
CITY OF WINTER SPRINGS
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REGULAR MEETING - SEPTEMBER 27,1999
Page 8 of 17
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
"I'LL MOVE TO APPROVE ORDINANCE 734". MOTION BY DEPUTY
MA YOR GENNELL. COMMISSIONER MARTINEZ SECONDED.
DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
E. Community Development Department - Planning Division
Request The City Commission Hold A Public Hearing For The Second Reading And
Adoption Of Ordinance 739 To Adopt The Capital Improvements Program/Capital
Outlays Document.
Attorney Guthrie read Ordinance Number 739 by "title only".
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
MOTION BY COMMISSIONER BLAKE. "I'D LIKE TO MAKE A MOTION
WE ADOPT ORDINANCE 739, ADOPTING THE CAPITAL IMPROVEMENTS
PLAN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE:
COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE;
COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE;
DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
F. Finance Department
Requesting The City Commission Approve The Second Reading Of Ordinance No.
741 Establishing A Revised Police Public Safety Facilities Impact Fee.
Attorney Guthrie read Ordinance number 741 by "title only".
Mr. Harry Martin, Director, Finance Department, explained that this Ordinance is the
"Biannual request to update the rates"; and that numbers had been corrected in the
Agenda Item Packet from the first reading.
Mayor Partyka opened the Public Hearing.
There was no public input.
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Page 9 of 17
The Mayor closed the Public Hearing.
"I MOVE TO APPROVE". MOTION BY COMMISSIONER MARTINEZ.
COMMISSIONER MILLER SECONDED. DISCUSSION. VOTE:
COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY
MA YOR GENNELL: AYE. MOTION CARRIED.
G. Finance Department
Requesting The City Commission Approve The Second Reading Of Ordinance No.
742, Establishing A Revised Fire Public Safety Facilities Impact Fee.
Attorney Guthrie read Ordinance Number 742 by "title only".
Mr. Harry Martin, Director, Finance Department, in response to a question asked at the
first reading of this Ordinance, stated, "Yes the medical transport equipment is included
in the numbers of the fixed assets for the Fire Department".
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
MOTION BY COMMISSIONER MILLER. "I'D LIKE TO MOVE TO ADOPT
ORDINANCE 742". SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE.
MOTION CARRIED.
H. City Manager
Requesting The City Commission Hold A Public Hearing Relative To The Approval
Of The Second Reading Of Ordinance No. 738, Establishing The Final Budget For
Fiscal Year 1999-2000.
Attorney Guthrie read Ordinance Number 738 by "title only".
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27, 1999
Page 10 of 17
Mr. Martin advised the Commission that the tentative budget had "$56,156.00 in surplus
going back to the fund balance"; and did not include the City Manager's recommendation
for the two percent (2%) merit increase. Mr. Martin said that in the City Manager's
budget message, Manager McLemore stated that he would like "To hold that in
abeyance" and "balance out" the budget. Discussion.
"AS LONG AS THE REALLOCATION DOESN'T INCREASE THE OVERALL
BUDGET, I'D MOVE TO APPROVE ORDINANCE 738". MOTION BY
COMMISSIONER MILLER.
Mayor Partyka reopened the Public Hearing.
There was no public input.
The Mayor closed the additional Public Hearing.
"I'LL REINTRODUCE A MOTION TO ADOPT 738". MOTION BY
COMMISSIONER MILLER. DEPUTY MA YOR GENNELL SECONDED.
DISCUSSION.
COMMISSIONER BLAKE ASKED, "MAYOR, DOES THAT MOTION
INCLUDE THE CHANGE AND THE UPDATE, THE AMENDMENT, FOR THE
TWO PERCENT LONGEVITY PAY"? MA YOR PARTYKA ASKED
COMMISSIONER MILLER, "IS THAT CORRECT"? COMMISSIONER
MILLER REPLIED, "YES IT IS".
VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ:
AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE;
COMMISSIONER MILLER: AYE. MOTION CARRIED.
Mayor Partyka called a recess at 8:00 p.m.
The Mayor called the meeting back to order at 8: 16 p. m.
VI. REGULAR
A. Community Development Department - Code Enforcement Division
Requests The City Commission Consider Offering Commercial Vehicle Limited
Term Parking Permits For An Extended Time.
Ms. Jimette Cook, Code Enforcement Officer, explained that since the cut off date for
purchasing a permit for a commercial vehicle; several people had requested to obtain a
permit. Discussion ensued in reference to the original deadline; additional fees;
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Page II of 17
amending the Ordinance; prices for advertising; Staffs recommendation; enforcement;
and actions the Code Enforcement Board could take.
After discussion, a date of December 31, 1999 was suggested for the end of the extension
period. Mayor Partyka polled the Commission in reference to the date of the end of the
extension period and if a late fee should be charged. The Commission agreed by
consensus that there would be no late fee charged and that the grace period would end on
December 31, 1999.
Commissioner Blake clarified by saying, "This is only an extension of time to purchase a
permit, correct? It is not an addition of time, or an additional time from the cut off date
that we already established and it's not an additional time from the expiration of the
permit. The only thing we're doing is if somebody can prove that they had the vehicle
during that, or prior to that cut off date, then between now and December 31 st, they can
still buy a permit".
Discussion ensued in reference to enforcement; and selling the permits before the
amended Ordinance passes.
Mayor Partyka stated, "I think somebody needs to make a Motion for a practical solution
to this, and one practical way of doing this is accept the application pending approval of
the Ordinance".
"SO MOVED". MOTION BY DEPUTY MAYOR GENNELL. COMMISSIONER
BLAKE SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD:
AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE.
MOTION CARRIED.
B. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of John Wimberly, 1105
Ermine Ave., For An Annual Permit From The Commission To Park His Oversized
Recreational Vehicle At His Residence.
Ms. Cook introduced this Agenda Item.
John Wimberly, 1105 Ermine Avenue, Winter Springs, Florida: addressed the
Commission regarding his neighbors not commenting about parking the vehicle at his
residence, that he is aware of; and that his next door neighbor had offered to speak on his
behalf.
MOTION BY COMMISSIONER McLEOD. "I'D LIKE TO MAKE A MOTION
THAT WE APPROVE, SEEING THIS IS SETTING A HUNDRED FEET OFF
THE STREET AND THIRTY FEET BEIDND THE HOME, BEHIND THE
FENCE". SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
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VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ:
AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE.
MOTION CARRIED.
C. Parks And Recreation Department
Is Requesting The City Commission To Establish The Dates And Times At
Trotwood And Torcaso Parks For Official Groundbreaking Ceremonies During
The Month Of October For The Parks Improvement Program.
There was discussion about whether to hold two different groundbreaking ceremonies on
two different days, to hold a single ceremony for all the parks; or to hold two ceremonies
in one day.
The Commission agreed by consensus to hold two groundbreaking ceremonies in one
day, at both Trotwood and Torcaso Parks.
The Commission also agreed by consensus to hold the ceremonies on October 24, 1999,
in the afternoon, with the exact times to be determined by the Parks and Recreation
Department.
.:..:. AGENDA CHANGE: THE COMMISSION AGREED TO HOLD THE
"QUESTION AND ANSWER SESSIONS" FOR REGULAR AGENDA ITEMS
"D", "E", AND "F" ALL ATONE TIME. .:..:.
D. City Manager
Requests The City Commission Approve Resolution No. 895 Authorizing The
Issuance Of Special Assessment Revenue Bonds, Series 1999 Not To Exceed
$2,500,000 For The Tuscawilla Lighting And Beautification District.
Mr. Jim Lentz, Financial Advisor for the City of Winter Springs; and Mr. Mike Williams,
Bond Counsel for the City of Winter Springs, discussed the bonds with the Commission
and answered questions.
The Commission discussed interest rates; and amortization.
Mr. Williams explained that in Resolution 896, "The note will be dated October 5t\
rather than October 1 st".
Tape 2/Side A
"I MOVE TO APPROVE RESOLUTION 895". MOTION BY COMMISSIONER
MARTINEZ. COMMISSIONER BLAKE SECONDED. DISCUSSION. VOTE:
DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: AYE. MOTION CARRIED.
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E. City Manager
Requests The City Commission Approve Resolution No. 896 Authorizing The
Issuance Of Special Assessment Revenue Bond Anticipation Notes, Series 1999 Not
To Exceed $2,500,000 For The Tuscawilla Lighting And Beautification District.
Mr. Williams informed the Commission that the number of $2,500,000 had been changed
to $2,300,000.
MOTION BY COMMISSIONER BLAKE. "I'LL MAKE A MOTION TO
AUTHORIZE, PASS RESOLUTION 896". SECONDED BY COMMISSIONER
MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE;
COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE;
COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE.
MOTION CARRIED.
F. City Manager
Request The City Commission Approve Resolution No. 897 Authorizing The
Awarding The Sale Of Special Assessment Revenue Bond Anticipation Notes Series
1999 Not To Exceed $2,500,000 For The Tuscawilla Lighting And Beautification
District To Bank Of America, N.A., D/B/A NationsBank, N.A.
"I'LL MOVE TO APPROVE RESOLUTION 897". MOTION BY DEPUTY
MA YOR GENNELL. COMMISSIONER MARTINEZ SECONDED.
DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR
GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED.
G. City Manager
Requests Direction From The City Commission Whether The City Should Continue
To Object To The Proposed Joint Planning Agreement Between The City Of Oviedo
And Seminole County.
There was much discussion between the Mayor, Commission, and Staff regarding
"registering objection"; Battleridge; Joint Planning Agreements; Property Owners in the
area wanting to annex into the City of Winter Springs; interest to annex by the City of
Oviedo; the "Urban Service Boundary"; Black Hammock; a letter of objection from the
City of Winter Springs; challenging the Joint Planning Agreement between Seminole
County and the City of Oviedo; Comprehensive Plans; articles in the newspaper; property
rights; "legal remedies"; and mutual annexation territories.
MOTION BY COMMISSIONER BLAKE. "MAYOR, I MAKE A MOTION
THAT WE DIRECT YOU, AND CITY STAFF, TO ATTEND THE SEMINOLE
COUNTY BOARD OF COMMISSIONERS MEETING TOMORROW,
SPECIFICALLY TO STATE THE CITY'S OFFICIAL OPPOSITION TO THE
COUNTY ENTERING INTO A JOINT PLANNING AGREEMENT, AS
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PRESENTED TO US THIS EVENING, WITH THE CITY OF OVIEDO, AND TO
PUT THEM ON NOTICE THAT WE WILL TAKE ALL STEPS A V AILABLE TO
PROTECT OUR RIGHTS UNDER STATE LAW, SHOULD THEY DECIDE TO
GO FORWARD WITH THAT AGREEMENT". SECONDED BY
COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER
McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR
GENNELL: AYE. MOTION CARRIED.
VII. REPORTS
A. Legal Counsel
No Report.
B. City Manager - Ronald W. McLemore
Mr. Kipton D. Lockcuff, P.E., Director, Public WorkslUtility Department, informed the
Commission that the City would be issuing a notice to proceed, this week, for the
Tuscawilla Lighting and Beautification District. He added that construction for the
District should start in several weeks; that there will be a Public Meeting with the Oak
Forest Wall and Beautification District Advisory Committee on September 29, 1999, in
the Commission Chambers at City Hall; and that there were possible questions pertaining
to the residency of a candidate in the upcoming Municipal Election.
The Commission discussed holding the Oak Forest Public Meeting at a different location,
should the crowd be large.
Mr. Lockcuff advised the Commission that he would call Winter Springs High School to
reserve an area "As a backup".
Extensive discussion ensued in reference to the qualification of a candidate for the
upcoming Municipal Election; and if the City can investigate or take action.
Tape 2/Side B
The above noted discussion continued.
There was discussion regarding whether the City Attorney should ask the candidate about
their qualifications. Attorney Guthrie stated, "If a Motion directs me to inquire, I'll
inquire".
Mayor Partyka asked, "Is there a Motion"?
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27,1999
Page 15 of 17
"I'D LIKE TO MAKE THAT MOTION". MOTION BY COMMISSIONER
McLEOD. COMMISSIONER MILLER SECONDED. DISCUSSION. VOTE:
COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE;
COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE;
DEPUTY MAYOR GENNELL: "I'M DECLARING A CONFLICT". MOTION
CARRIED.
Attorney Guthrie informed the Commission that he will make the inquiry the next day
(September 28, 1999) and then let the Commission know the results.
C. City Clerk - Andrea Lorenzo-Luaces (Interim City Clerk)
No report.
D. Commission Seat II - Michael S. Blake
Commissioner Blake spoke about correspondence from the former owner of Tuscawilla
Country Club. Discussion.
Attorney Guthrie said that he would talk to Attorney Bruce Blackwell regarding this
matter.
E. Commission Seat III - Edward Martinez, Jr.
Commissioner Martinez asked about regulations regarding vehicles with campaign signs
being parked on City property. Discussion.
Attorney Guthrie said that he would look into what the regulations have been in the past.
Mayor Partyka stated, "Let me just go on record, when I came in, I mean, I noticed the
thing on the truck, I didn't know it was going to be there, that's not endorsed by me, I
didn't pay him, I laughed, I said 'Uh oh, this is going to come back to haunt me for
whatever reason', but I try to be neutral in all these things, I've done that from three
elections ago. I just want to go on record, that was a total surprise to me, too. That's
why it doesn't say 'Paid political advertisement' on there, from my standpoint".
Discussion ensued regarding the campaign signs on vehicles being allowed; and partisan
relationships.
Mayor Partyka said, "Again, I'm going to state this very clearly on the record, it's not
supported by me, period".
Attorney Guthrie also said that he would look into "The partisanship issue".
MfNUTES
CITY OF WfNTER SPRfNGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27,1999
Page 16 of 17
F. Commission Seat IV - Cindy GenDell
Deputy Mayor Gennell requested that the portion of the minutes for this meeting that deal
with qualification of a Candidate for election be done verbatim by the City Clerk's
Office.
G. Commission Seat V - David W. McLeod
Commissioner McLeod requested that the "City Clerk issue" be addressed; and thanked
the Mayor for the names for the City Attorney position.
H. Commission Seat I - Robert S. Miller
No report.
I. Office of the Mayor - Paul P. Partyka
Mayor Partyka nominated Andrea Lorenzo-Luaces for the position of City Clerk.
"SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED.
Mayor Partyka asked Mr. Lockcuff about an annexation presentation; for information on
a Charter Review Commission; and asked that the lights on the dais be fixed
· Appointment Of City Attorney
The Commission presented the Mayor with "feedback" as to whom they would like to see
appointed as City Attorney; and the Mayor reviewed the reasons for his
recommendations.
Mayor Partyka appointed Anthony A. Garganese as City Attorney and asked, "Does
anybody wish to make that Motion"?
MOTION BY DEPUTY MAYOR GENNELL. "1 MAKE THE MOTION".
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
Mr. Anthony A. Garganese, Law Offices of Amari & Theriac, P.A., Post Office Box 1807,
Cocoa, Florida 32923-1807: spoke to the Commission about his experience; education;
and qualifications.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27,1999
Page 17 of 17
VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE;
COMMISSIONER MILLER: NAY; COMMISSIONER McLEOD: AYE;
COMMISSIONER MARTINEZ: AYE. MOTION CARRIED.
The Commission discussed a "transition" between Attorneys; and thanked Attorney
Guthrie for his work for the City.
VIII. ADJOURNMENT
Mayor Partyka adjourned the meeting at 10:48 p.m.
Respectfully Submitted By: Amy R. Lovingfoss
Interim Assistant City Clerk
APPROVED:
PAUL P. PARTYKA, MAYOR
NOTE: These minutes were approved at the
, 1999 City Commission Meeting.