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HomeMy WebLinkAbout1999 10 11 Consent Item G COMMISSION AGENDA ITEM G Consent X Informational Public Hearings Regular October 11. 1999 Regular Meeting Mgr. / I)ept. Authorization G. City Clerk's Office Approval Of The Minutes For The Regular Meeting Of September 27, 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, 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. V oigt, 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 W[NTER SPRlNGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, [999 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 UPDATE 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 l/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 MAYOR 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 MAYOR 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 MAYOR GENNELL SECONDED. DISCUSSION. COMMISSIONER BLAKE ASKED, "MAYOR, DOES THAT MOTION INCLUDE THE CHANGE AND THE UPDATE, THE AMENDMENT, FOR THE TWO PERCENT LONGEVITY PAY"? MAYOR 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 Vehic1e 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; MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 11 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 S\ 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 BEHIND THE HOME, BEHIND THE FENCE". SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 120f17 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 AT ONE 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 5th, 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 MEETING - SEPTEMBER 27,1999 Page 13 of 17 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 MAYOR 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 W[NTER SPRINGS CITY COMMISSION REGULAR MEET[NG - SEPTEMBER 27, [999 Page 140[[7 PRESENTED TO US THIS EVENING, WITH THE CITY OF OVIEDO, AND TO PUT THEM ON NOTICE THAT WE WILL TAKE ALL STEPS AVAILABLE 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 Works/Utility 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", MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27,1999 Page 16 of 17 F. Commission Seat IV - Cindy Gennell 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. "I 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 PAUL P. PARTYKA, MA NOTE: These minutes were approved at the Oc tober 11, 1999 City Commission Meeting. NOTE FROM THE CITY CLERK: AT THE OCTOBER 11, 1999 CITY COMMISSION MEETING, THE CITY COMMISSION APPROVED THE ADDITION OF A PREVIOUSLY REQUESTED VERBATIM TRANSCRIPT (OF A PORTION OF THE SEPTEMBER 27, 1999 MEETING) TO BE INCLUDED WITH THE MINUTES OF THE SEPTEMBER 27, 1999 CITY COMMISSION MEETING. THEREFORE, THE SEPTEMBER 27, 1999 MINUTES WERE APPROVED TO INCLUDE THE FOLLOWING VERBATIM TRANSCRIPT. J~ The following discussion, held at the City Commission Regular Meeting of September 27, 1999, is transcribed "verbatim" by request. Mr. Kipton D. Lockcuff. Just the last item I brought up, if you want to direct Staff on- Commissioner Edward Martinez, Jr.: Can you pass that package, if you have it? Mr. Lockcuff. Sure. Commissioner Martinez: I want to comment on this. Mayor Paul P. Partyka: Ok. Yeah, Let me, let me, talk to this one. This came to my attention Thursday by the Orlando Sentinel, in terms of that the City does not have any way of confirming qualifications. It accepts qualifications by the City Clerk, but does not confirm qualifications and, so, the only question is, do we need to get into the confirmation business of the data that gets put onto qualifications for candidates, or is this sufficient, or are we opening up ourselves to possible embarrassment in the future. Now that's just the general issue. From what I gather, this particular person as been checked out now and I understand she's, she has met the qualifications. Is that correct? I mean that's just- Mr. Lockcuff. I don't have that information. Commissioner Martinez: Checked out by whom? Attorney Robert Guthrie: I don't know whether she's been checked out or not. Could, let me answer part of this. Let me, let's sort of start at the beginning- Commissioner David W McLeod: -Who checked her out? Deputy Mayor Cindy Gennell: Yeah. Commissioner Martinez: -Like to know, who checked her out? Mayor Partyka: My impression was, again, my impression was the Sentinel was going to check it out and do that and if there was a problem, they were going to contact me. They have not contacted me. Well, I mean, that's better than nothing-And they're the ones that brought it- Commissioner McLeod: We can't say that it's been checked out- Mayor Partyka: No, no, no. But what I'm saying, they're the ones that brought it up, so if they feel comfortable with that- Commissioner Martinez: I understand. VERBA TIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 2 of 14 ".1 ". . " t: I Commissioner McLeod: I understand, but we can't say- Mayor Partyka: No, no. But again, we can't rely on the City either. That's the whole point- Commissioner McLeod: We can at this point, Sir. Mayor Partyka: Ok, go ahead. Attorney Guthrie: Let's talk about roles here a little bit. Let's start out with the City Clerk and her function. The City Clerk is the Supervisor of Elections under City Code and, sometimes the law is not clear, but occasionally it is, and the Court's have had occasion to rule and the Attorney General has taken those rulings and given an opinion that is logical enough that even I'll agree with the Attorney General on this one, but basically it suggests that the Secretary of State, of the State of Florida, who's in effect Supervisor of Elections, and the Clerk of the Circuit Court, in two cases they sighted, have neither the responsibility nor the authority to pass judgement upon the supposed ineligibility of candidates for office who properly comply with the form of the primary laws governing their becoming a candidate for nomination to primary process. Attorney Guthrie continued: Apparently, the rationale, from the cases, is that often there is a narrow window for someone to qualify and then get on the ballot, because the ballot has got to be printed promptly. So, basically the courts have given the opinion that the officer that takes the qualifications doesn't have the, either the duty, frankly, nor the authority, to go behind the facts and say someone can't go on the ballot. So, in this case, that's what happened. And I say that just for the role of the Clerk, and why she didn't check it out, didn't have the authority, didn't have the ability to do that. And, indeed, I think this candidate is probably on the ballot right now, because the Supervisor of Elections, the County Supervisor of Elections, has certain windows that they have to comply with, with getting absentee ballots out. Separate from that, the courts have said that the forum for challenging this clearly is the courts. That's a mechanism for challenging someone's qualifications for office. So there is a remedy, ultimately. Attorney Guthrie continued: Somewhere in between is, and there's been some discussion here, is the ability of the City or the City Council to make a determination here, and there is a provision in our Charter that talks about judge of qualifications, and, it clearly was meant to deal with those situations where a current member of the City Commission fell out of compliance with one of the requirements in another section, they moved out of the district they lived in, they violated the Charter, they've been convicted of a felony, and they failed to attend certain meetings. Clearly, it applies to that. What some of the debate is surrounding is does the City have either a duty or an ability to use that section, which is Section 4.09. of the Charter, to ascertain the qualifications of a candidate. And, so, we need to read that and decide. Clearly, I know what it was it meant to do. Whether it applies here, is another issue. VERBA TIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27. 1999 Page 3 of 14 Attorney Guthrie continued: The second problem is, or the second issue is if we have such a-we make a determination one way or the other, how is it carried out? We have no independent power to either say something that's on the, or it would have very little clout, to tell the Supervisor of Elections for the Seminole County, 'Ok, you were right to put that one on there, that person on there', or 'You were wrong to put them on there'. That would not, in itself, be a self-affecting removal of that candidate. The only way for that candidate to be removed is for someone to challenge that in court. So, I just say that, I mean, there may be a right within our Charter to look at this, but I'm not sure we have a direct remedy to do anything about it, our ruling does not have the force of affect oflaw. Attorney Guthrie continued: So that sets the scenario for why the Clerk couldn't do anything, and I thinks it clear she couldn't, and I don't think we could give them any power to do that, given the way the cases have evolved. I can give you copies of the Attorney General opinion in the case that best summarizes the other cases, all the cases. And then the other issue, and the other things that's clear is, a court challenge to someone's qualifications, and our Code does speak of the residency requirements as qualifications, so they're presumed to be valid. So the court remedy exists. In between, does this Charter give us any authority or ability is what we can look at. Mayor Partyka: Ok, Commissioner Miller. Commissioner Miller. Commissioner Robert S. Miller: Since it was the Orlando Sentinel that raised this issue, what exactly did they say? Do we have a copy of that, was it in writing or- Attorney Guthrie: No, I don't think we have any kind of real complaint, and that could be an issue to the Commission, too, in terms of- Commissioner Miller: I'm just curious how this started. Attorney Guthrie: I think- Mayor Partyka: I would imagine, I would imagine someone made a complaint. He didn't tell me at all, but I would imagine someone made or voiced a comment and then it was brought to Andrea's attention and that's when we found out we couldn't do anything, right? Attorney Guthrie: Andrea- Mayor Partyka: And that's where Will Wellons then called me up and said, 'Did you know', and I said, 'No, I'm surprised about that'. And then the issue was, on one of the candidates, whether that person was here for at least twelve (12) months. Now the application says eighteen (18) months, or what, nineteen (19) months. So, and based what you've just submitted to me, which says 'False swearing and submission of false voter registration information', I mean, I would assume that this person knows about this and is not lying. And then- VERBA TIM TRANSCRiPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 4 of 14 Attorney Guthrie: Yes, City Staff put that together, but that is a-that is a proviso in the law. Mayor Partyka: Right. So, I assume then, and again, Will Wellons called me up several times over this. I said, 'Well you need to check it because I can't do anything'. So, he was going to do that and I told him that I would at least bring this up today as an overall bigger issue, but more importantly, if there's anything there so we don't embarrass ourselves, that he would let me know. Well, he has not called me, so I assumed then he was satisfied. Commissioner Miller: It says here in the article, for your, for everyone's edification, that she presented a new driver's license issued in February. Mayor Partyka: Right. Commissioner Miller: Previously lived in Pompano Beach. So if it was February of 1999, it would obviously not be- Mayor Partyka: But the license not, is a determining factor for residence. Commissioner Miller: True. Well, yeah, ok. Mayor Partyka: No, it's not. So, that's when, like I said, he was pursuing that and there's, I've heard a lot of stories, but I don't know what the story is. So, the only-I go by is he was pursuing this aggressively and he was supposed to get to me if he had anything that would say she did not apply, did not, qualify. So that's all I have. I have no more, no less. So, the simplest thing would be just to ask her. But, that's it. I don't know the bigger picture is should we continue with this loophole? That, to me, is the bigger picture. Commissioners, any comments from anybody? Commissioner Miller: Would it be inappropriate for the Clerk to ask her for some verification of residency, other residency, other than, I mean, the only document she provided was a driver's license, and it said February of 1999. Commissioner Michael S. Blake: If! may? There apparently was another document, too. Commissioner Miller: Well, I didn't see anything. Commissioner Blake: I had seen it in the records, the water bill. Apparently, water service to the residence was taken out at the same time. Commissioner Miller: February? Commissioner Blake: Yeah. It doesn't appear to be in this package. VERBATIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 5 of 14 Commissioner Miller: Well, it would appear to me that- Commissioner Blake: We obviously don't have the facts. Commissioner Miller: If the only document she provided was a driver's license as February and it's now been pointed out that it is a requirement for twelve months, for a year, it might be appropriate to avoid some problems later, to ask for additional verification that would support the residence at that address, or at least somewhere in the City, for at least twelve months. Attorney Guthrie: A rationale for that, I mean, in the, in Section "409." that talks about judge of qualifications, even if it's prospective after she becomes a member, one of the criteria, one of the tests, is that one lacks at any time any qualifications prescribed by the Charter or, by law. So that could be a rationale for asking that, and again, that's an authority given to the Commission, but it, I can't assure you that's the power we have prior to one becoming a member of this body. Mayor Partyka: Well, let me just ask- Attorney Guthrie: There is a logical, I mean you're asking about laws should an election occur, but the cases say that's true. They say that the issues raised are not without merit, but this isn't the way, but anyway, that's- Mayor Partyka: Ok. Can we not take a practical position on this and say, 'Hey, there's some question, probably, may be wrong, but just clarify for us the basis of the residency', and couldn't we just put this thing to bed that way, one way or the other? Attorney Guthrie: I think if you do that, I would recommend that come from a direction from the Commission. The Clerk could be the person that carries that out, but I think it's questionable whether the Clerk has the power so, I don't want anybody to raise this factor that that entity is acting beyond their scope, but, that could be a conclusion you could reach. Mayor Partyka: Alright. Commissioner Blake. I'm sorry, hold it, hold it, Commissioner Martinez was next. Commissioner Martinez: You say that a compounding of facts established this evidence, is that correct? Attorney Guthrie: A compounding of facts? Commissioner Martinez: Facts established this evidence? Attorney Guthrie: Good, good rule- VERBA TIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27,1999 Page 6 of 14 Commissioner Martinez: The license is one piece. I understand there was a water bill that was taken out on February 9th for that address, not by this person, but by somebody else. That's another piece, and if you get enough pieces together, you can refute or establish that this person did come into Winter Springs on this date, and does not qualify under the residency requirement. And it is a felony to sign an oath stating that this was fact. It is a felony and it can be prosecuted. And we as a Commission have the right to make inquiries if we choose to, it says so right here, and we can do that if we wanted to. But I'm not saying, I don't want to deprive anyone of the right to run for office in Winter Springs, or anywhere else, because I have been considered a member of a minority for many, many years, although I do not consider a member of a minority, I stand on my own and I do what I have to do when I have to do it, and let the chips fall where they may. And that's the way I have grown into manhood, that's the way I'll go to the grave. But if this person doesn't qualify and she has been talked into running by someone else, and I have information that there is a PAC, a pack of wolves- Mayor Partyka: Ok, Ok. No, no, no! This is out of order- Commissioner Martinez: No, no, no! Mayor Partyka: Yes it is! We're just trying to stay on the facts- Commissioner Martinez: I am staying on the facts. This person could have been one of those that was recruited of a hundred other- Mayor Partyka: Commissioner, you have no basis of fact- Commissioner Martinez: -If! did, I would make sure that charges would- Mayor Partyka: Commissioner! Commissioner, all we're trying to do is keep it simple, we may, this may be a totally innocent person- Commissioner Martinez: I know that these people are your friends and that you have to speak up on their behalf- Mayor Partyka: No! Commissioner Martinez- Commissioner Martinez: -But let me say what I have to say- Mayor Partyka: Commissioner Martinez, Commissioner Martinez-because you are out of order, because you're condemning the integrity of a person! Commissioner Martinez: I'm not! Mayor Partyka: You are! So at this point in time I think the issue- VERBA TIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 7 of 14 Commissioner Martinez: I don't have proof to do that, but I am gathering proof. Mayor Partyka: The issue, until you become a lawyer- Commissioner Martinez: I do not have to be lawyer, Sir. Mayor Partyka: Sir, all I'm going to do is this, you can question anything you want, but don't the question the integrity of people. Commissioner Martinez: I am not! Mayor Partyka: That is out of order, that's all I'm talking- Commissioner Martinez: When did I question anyone's integrity here? I am saying there is rumors to something that is going on out there, in our City, ok, and it's a violation of law to try and talk people into running for office, when you're paying their campaign, all their expenses, telling them that this job twenty-five thousand dollars a year- Mayor Partyka: Commissioner- Commissioner Martinez: An? you only have to meet twice a month for three hours. That's illegal. Mayor Partyka: Commissioner, you have no basis of fact for what, all the things that you said. Commissioner Martinez: Maybe you don't, I do. And as soon as I gather a cooperation witness, you're gonna hear about it. Mayor Partyka: Then at that appropriate time, it's fine, but the issue is one of- Commissioner Martinez: lam saying that this issue is not dead. And I don't want you to say that this issue is dead, because it is not. And we have to find out what the facts are and present them to the proper authorities and let the chips fall where they may. Mayor Partyka: Now that's appropriate. I have no problem with that. Now that would have been good. Person in Audience: Prepare to be sued. Commissioner Martinez: Ah, sue. Sue me, so what? Mayor Partyka: Ok, no comment, please. VERBA TIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27,1999 Page 8 of 14 Commissioner Martinez: Sue. Sue. Mayor Partyka: No comments! Ok. Alright, good, ahead. Commissioner Martinez: It's not the first time- Mayor Partyka: Commissioner Martinez! Commissioner Martinez! Commissioner Martinez: Tell them to stop- Mayor Partyka: I'm trying! Both of you, now, please. Let's act like adults here. Commissioner Martinez: I'm not scared. Mayor Partyka: Alright. Commissioner Blake. Person in Audience: I take offense to that. Mayor Partyka: Please! Alright, stop! Let's stop now, let's stop now. Person in Audience: He made a- Mayor Partyka: Stop! Mr. Lien! Mr. Lien, stop right now. Go ahead, Commissioner. Blake. Commissioner Blake: Thank you, Mayor. There is clearly a problem here someplace, And I think we have proof tonight that one of two Statutes have been violated, we just can't determine which one. Section 322.192, Florida Statutes states that whenever a person moves, changes addresses, etc., must obtain a new license with the correct address within ten days. Section 104.011 states that false swearing, submission of false voter registration information is a felony of the third degree. The application that was filed was sworn under oath that the length of the residence, of residence was nineteen (19) months. The driver's license of the individual was issued at that address on two (2), three (3), ninety-nine (99) and the address that it replaced was an address in Pompano Beach, Florida. Commissioner Blake continued: So, I can't tell you that the person didn't live in Winter Springs prior to two (2), three (3), ninety-nine (99), but if the person did, then the person, and the person lived in Winter Springs for nineteen (19) months in that district that they, under oath, swore they lived in, then there was a period of at least ten months, possibly twelve months, that person did not comply with Section 322 of Florida Statutes. If they did comply with Section 322, then they do not comply with Section 104. So, something's wrong here, something's amiss, and I don't know what remedies there are available to us as a Commission, however, because, quite frankly, based on what I've heard tonight, VERBATIM TRANSCRlPT CITY OF WINTER SPRlNGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 9 of 14 even if somebody, requires fifteen (15) signatures, maybe they only turned in ten (10), I still don't understand what we could do to keep somebody off the ballot. Attorney Guthrie: It's a basis of challenge, that to challenge to qualifications, that's clear. Anything else is not clear, is not clear. Commissioner Blake: And whose job is that to do? Is it a member of the public? Attorney Guthrie: Yes, somebody that is offended or aroused by the failure to qualify could seek this to be addressed in court. Commissioner Blake: But as a Commission, even though we have some evidence that certainly points in that direction, and our Charter states that we have power to compel witnesses and subpoena information, but that doesn't get us anywhere because we have no method of remedy. Attorney Guthrie: You have no way to remove them from the ballot. Commissioner Blake: So why are we here? Attorney Guthrie: Well, it was brought up and well, discussed. Commissioner Blake: I say we move on. Mayor Partyka: Let me just build on one thing, can we, just to get a practical measure as a Commission, or as a Mayor, just ask the question, 'If you lived here, please provide an explanation'? I mean, whether she had the license or not, people don't always get their licenses in time, but I think we deserve an explanation, don't we? Can we ask that? Tape 2/Side B Mayor Partyka: -Because it's been brought up at a City, can we do something like that? I mean, we want to resolve this thing one way or another. This may be totally innocent, it may not. Attorney Guthrie: Right. You could ask that and certainly the Commission may want to endorse asking you to ask that. Mayor Partyka: Commissioners, do you have any problem if! do that? Commissioner Martinez: I do. Mayor Partyka: Why? Commissioner Martinez: Because it's not your job to do that. VERBA TIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27. 1999 Page 10 of 14 Mayor Partyka: Ok, then we won't- Commissioner Martinez: Let the chips fall where they may, when the issues comes up. Mayor Partyka: Ok. Alright. That's fine then. Ok. Then~ at this point, I guess we can just move on. Commissioner Gennell. Are you done with that? Mr. Lockcuff: Nothing further, Sir. Mayor Partyka: Commissioner Gennell. Deputy Mayor Gennell: Mr. Guthrie, since this issue directly affects me, would you please outline what my liberties are in discussing it here, before I try to discuss it? Attorney Guthrie: As a general-you can participate in discussion of the issue. You might want to exercise discretion if any action item comes up, to abstain. That would not be improper at all, to abstain. But you could participate in discussion. Deputy Mayor Gennell: Ok, thank you. Mayor Partyka: Commissioner McLeod. Deputy Mayor Gennell: Well, I'm not- Mayor Partyka: Oh, I'm sorry. Deputy Mayor Gennell: I was done talking to Mr. Guthrie. I just, for the Commission's sake, I will feel like, I was prepared not to discuss this at all this evening because of how close it is to myself, but I feel compelled to call your attention to the fact that each and every one of us swore to uphold the Charter of the City when we were sworn into office. And you have to ask yourselves, does that obligation to the citizen's of this City make you, make it your responsibility to make sure that the people in any given district are entitled, are insured of having qualified candidates on their ballot, to the extent that you are able to do that with the Charter. Deputy Mayor Gennell continued: And my feeling on the Charter is, the way I read it, is that it's incumbent on the Commission to look at the issue and come to a Commission decision on it. The Charter also says those decisions are subject to review by the courts. But I do think that it, for instance, take any other situation with any other candidate, any other time. Somebody comes in, same set of circumstances, and if nobody chooses to challenge them, and a person runs, an unqualified person runs, and gets elected, where does that lead this Commission, as far as living up to their responsibility to uphold the Charter. I think it's something that you really need to look at, is your responsibility to take some consideration of this and come to a Commission decision, and then let the VERBATIM TRANSCRlPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27. 1999 Page II of 14 chips fall wherever they may. Otherwise, I, they way I read it, you're advocating your responsibility to scrutinize. Now I am finished. Mayor Partyka: Thank: you. Commissioner McLeod. Commissioner McLeod: Mayor, I don't disagree with you of, perhaps, of some questions being asked of this individual. One Commissioner said no, so you dropped the issue. But I'm not sure that trying to resolve it, at least trying to be honest, we hope the individual is honest, I'd have to assume that, and that those questions be asked and those questions be documented as to who they were asked and how they were answered. And I think there's some other things that could be asked, and checked into, is whether the home, the person owns it or the person leases it. If the home, they own it, I would hope there would have been a sales agreement on the home, or at least a leaSe agreeement, a couple other documents could be checked, bank: checking accounts, saving accounts, these kind of things should be checked, if need be. And I do believe that it's important, not for necessarily this individual, but any individual, if their going to sit up here and we are signing affidavits on things, then they do need to comply to what the requirements are. And if there's something that's out of order, then definitely, that should be looked into to assure who the person is representing it, and something could have been done here that the person themselves may not have intentionally mislead anybody or intending to, and I think we ought to find that out. Mayor Partyka: Well then I-Commissioner Miller? Are you finished Commissioner McLeod? Commissioner Miller. Commissioner Miller: I share Commissioner McLeod's concern. Our Charter clearly provides for us, our removal, if we violate any express prohibitions of the Charter, or qualifications prescribed by the Charter, meaning a forfeiture of office, and there obviously seems to be an issue here which may have been inadvertent-but I do think it would be incumbent upon us to at least try to reach some, some resolution in the immediate future, so that we're not confronted two days after the election with having to remove somebody for something that we knew was a potential problem and we just didn't bother to look into it, period. And I don't think it's inappropriate for someone, maybe yourself or, I don't know, someone to ask for one or two additional pieces of information which would clarify the question regarding the residence of twelve months. Mayor Partyka: I think it's totally appropriate. I, if the Commission is willing, ok, and we'll take a vote on this, I'm willing to send a short note explaining the situation, and for the candidate to show proof of residency. Simple as that. And, that's it. I'm willing to do that as the Mayor. Cornrriissioner McLeod. Commissioner McLeod: Mayor, I understand that and I think, and I appreciate that, but, maybe under the circumstances, it might be better that we just ask the Attorney to write the letter, covering yourself, covering the Commission, and let's turn it over to where, perhaps, the Attorney writes the letter, the Attorney may even ask to set with that person VERBATIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 12 of 14 and ask for some other things. I mean, I don't know if he has a-you may not have the right, but if you have nothing to hide, if you have no reason not to come and sit down and at least meet with you for a few moments, and produce a couple of other documentations, and then for that person to come back and say, 'Hey, here's what I asked for. Here's what was produced'. Mayor Partyka: Is that appropriate? Attorney Guthrie: Yeah, I'd like a Motion to that affect and to be perfectly honest, I'm just gonna ask and if nothing is produced, I'll report that. If something is produced, I'll do that. I doubt that I'll do any independent inquiry. If an inquiry is in order, than we'll evaluate this provision of the Charter again, and you decide whether you want to try to, there's a provision in here for a due process hearing that you guys can, not anyone else. So, if a Motion directs me to inquire, I'll inquire". Mayor Partyka: Is there a Motion? Commissioner McLeod: I'd like to make that Motion. Mayor Partyka: Is there a second? Commissioner Miller: I'll second it. Mayor Partyka: Ok, any further discussion? Call the Vote. Clerk: Commissioner Miller. Commissioner Miller: Aye. Clerk: Commissioner McLeod. Commissioner McLeod: Aye. Clerk: Commissioner Martinez. Commissioner Martinez: Aye. Clerk: Commissioner Blake. Commissioner Blake: Aye. Clerk: Deputy Mayor Gennell. Deputy Mayor Gennell: I'm, sorry, I'm declaring a conflict. VERBATIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 13 of 14 Attorney Guthrie: Conflict, I understand. Mayor Partyka: Alright. Commissioner McLeod: I think, Mayor, the only thing- Deputy Mayor Gennell: Excuse me, I'm declaring a potential conflict. Mayor Partyka: No, you have to declare a conflict. I think we'll take the first one. Deputy Mayor Gennell: Ok. Commissioner McLeod: Ok. Timeframe. Is this something- Mayor Partyka: Tomorrow. Attorney Guthrie: Tomorrow. Mayor Partyka: I think the consensus is tomorrow to find out. Post haste. Attorney Guthrie: Sure. Commissioner McLeod: Ok. So tomorrow, then, you would, after that, what step would be taken? Would you call each Commissioner? Would you call, I mean, my question is, if there is a problem, where do we go from there? Do we wait two more weeks before we meet again to give direction, you know, that would seem to be the next issue. Attorney Guthrie: Two things. One, of course, is an answer may be prompt or no answer may be forthcoming at all. There's, I'm not sure there's duty to respond to me. So, and there would need to be some timeframe allowed for a response, mailing time from me, and then response time, so we could work from there and see if I could give you a report in terms of what I learned. Commissioner Martinez: The response would be that we move into further action, if necessary. Attorney Guthrie: I think Commissioner McLeod was asking when, though. Commissioner McLeod: Yeah but, ok. It would seem to me that there has to be some window of conclusion on this thing. Mayor Partyka: I would assume from a practical standpoint, you're goal is to find out the answer one way or the other as quickly as possible. And as fast as you know that answer, maybe you could report back to the City Clerk, if nothing else, with a letter VERBA TIM TRANSCRIPT CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 1999 Page 14 of 14 saying, 'She is, based on my findings, either qualified or not qualified'. And if it's not qualified, then you could bring back that to the Commission. Attorney Guthrie: I will bring you whatever evidence. What I'll bring to you is the evidence she provides. Mayor Partyka: Ok. Commissioner McLeod: Alright. Commissioner Miller: Would it be unreasonable to put in there, 'We would appreciate a reply by a certain date', which would facilitate, maybe, getting it to us sooner than later. In other words, we'll know on a certain date whether or not there's probably going to be a response. Attorney Guthrie: I could certainly do that. Mayor Partyka: Ok. Alright. Move on. Deputy Mayor Gennell: What would the certain date be? In other words, write this person and say, 'Give us proofby X, by seven (7) days'- Attorney Guthrie: Yes, seven (7) to ten (10) days, seems reasonable for return mail. Mayor Partyka: Ok. Alright. You got it all? Ok. Good. Let's move on now. Verbatim Transcript Respectfully Submitted By: Amy R. Lovingfoss Interim Assistant City Clerk