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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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION 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 CITY COMMISSION REGULAR MEETING - SEPTEMBER 27,1999 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 CITY COMMISSION 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27,1999 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; MfNUTES CITY OF WINTER SPRfNGS CITY COMMISSION REGULAR MEETfNG - SEPTEMBER 27,1999 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 12 of 17 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEET[NG - SEPTEMBER 27, 1999 Page [3 of[7 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 MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27,1999 Page 14 of 17 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.