HomeMy WebLinkAbout1999 10 25 Consent Item C
COMMISSION AGENDA
ITEM C
Consent X
Informational
Public Hearings
Regular
October 25. 1999
Regular Meeting
Mgr, / Dept.
Authorization
C. City Clerk's Office
Approval Of The Minutes Of The Regular Meeting Of October 11, 1999.
i
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
OCTOBER II, 1999
NOTE: Please note a
Transcript Addition to
these minutes, which
follows page 18, and
Attachment "A".
I. CALL TO ORDER
The Regular Meeting of October 11, 1999 of the City Commission was called to order by
Deputy Mayor Cindy Gennell at 6:30 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708). A moment of silence was followed by the Pledge of Allegiance.
ROLL CALL:
Mayor Paul P. Partyka, arrived at 6:46 p.m.
Deputy Mayor Cindy Gennell, present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney, Mr. Anthony Garganese, present
.:..:. AGENDA CHANGE: THE COMMISSION AGREED TO DISCUSS
REGULAR AGENDA ITEM "A", AFTER "PUBLIC INPUT". IT WAS ALSO
AGREED BY THE COMMISSION THAT THE VERBATIM PORTION FROM
THE SEPTEMBER 27, 1999 M:EETING SHOULD BE ADDED TO THE
MINUTES OF THE SEPTEMBER 27,1999 MEETING. .:..:.
Deputy Mayor Gennell welcomed the City's new Attorney, Mr. Anthony A. Garganese,
to his first official meeting.
II. PUBLIC INPUT
Stella Varela, 100 North Cortez Avenue, Winter Springs, Florida: spoke regarding
ownership of her neighbor's dogs, and was "concerned" with the smell from the dogs.
Rudolph Varela, 100 North Cortez Avenue, Winter Springs, Florida: spoke in support of
the laws of the City.
.:..:. AGENDA CHANGE: THE COMMISSION WAS IN AGREEMENT TO
HEAR REGULAR AGENDA IT.E:M "A" PRIOR TO THE REST OF THE
AGENDA. .:..:.
'.
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REGULAR MEETING - OCTOBER II, 1999
Page 2 of 18
VI. REGULAR
A. Public Works Department
Requesting The City Commission Authorize The City Manager To Advance Fund A
Portion Of The Costs For The Oak Forest Wall And Beautification District.
Mr. Kipton D. Lockcuff, P.E., Public W'orks/Utility Director and Mr. Albert Murro from
the Oak Forest Wall And Beautification District Advisory Committee spoke on the
requested bond issue. Discussion.
"I'D LIKE TO MAKE A RECOMMENDATION FOR THE CITY MANAGER TO
GO AHEAD AND ADVANCE THE FUNDS UP TO $100,000 FOR THE OAK
FOREST WALL AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND
TO PROCEED WITH THE STEPS NECESSARY TO BRING BACK IN THE
SPRING OF 2000, THE RESOLUTIONS NECESSARY FOR THE COMMISSION
TO CONSIDER CREATION OF THE OAK FOREST BEAUTIFICATION
ASSESSMENT DISTRICT".
MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE. MOTION CARRIED.
III. CONSENT
A. Parks And Recreation Department
Requesting The City Commission To Accept The Lowest Qualified Bidder And 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 In The Amount Of $286,621,00.
B. Utility Department
Requesting Authorization To Enter Into A Contractual Agreement For The Seneca
BoulevardNistawilla Drive Reclaimed Water Main Improvements,
C. Utility Department
Requesting Authorization To Enter Into A Contractual Agreement FOil" The Blower
Replacement And Installation Project.
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Page 3 of 18
D. Public Works Department
Requesting Approval of Resolution #898 - Requesting And Accepting Surplus
Lands From DOT.
E. City Manager
Requesting Commission Authorization To Enter Into A Contract With Ameritek
Orlando, For Consulting Services And Implementation Of A New Financial
Package For The City, And To Authorize The Expenditure Of An Amount, Not To
Exceed $45,130 For This Consulting/Project Management.
F. Community Development Department
Requests The Commission Waive Building Permit Fees Associated With The
Rehabilitation Of The Residential Units In The Moss Cove Project.
G. City Clerk's Office
Approval Of The Minutes For The Regular Meeting Of September 27,1999.
Deputy Mayor Gennell said, ''I'm ready to take a motion to approve the Consent
Agenda" .
"SO MOYED". MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION. YOTE. COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: AYE. MOTION CARRIED.
DEPUTY MAYOR GENNELL ADDED, "THE CONSENT AGENDA IS
APPROYED, WITH THE CHANGES TO THE MINUTES",
IV. INFORMATIONAL
None.
V. PUBLIC HEARINGS
A, Community Development Department - Land Development Division
Requests The Commission To Hold The Second 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. Don LeBlanc, Land Developmc;:nt Coordinator introduced this Agenda Item and
spoke briefly about enhanced landscaping.
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Page 4 of 18
Deputy Mayor Gennell opened the Public Hearing.
There was no public input.
The Public Hearing was closed by Deputy Mayor Gennell.
"I'LL MAKE A MOTION THAT WE RECOMMEND TO APPROVE THE
DEVELOPMENT AGREEMENT FOR THE WINTER SPRINGS GOLF
COURSE". MOTION BY COMMISSIONER McLEOD, SECONDED.
Attorney Garganese suggested, "In paragraph eleven (II), sub-paragraph "a" - duration
of the agreement - there is no duration". Attorney Garganese added, "It may have been
an oversight. Statutory duration is not to exceed ten (10) years, so I would recommend
that you insert language in sub-paragraph eleven (11) 'am. Attorney Garganese clarified,
"Ten years to date, from the effective date, which would be the date it was executed by
both parties".
Deputy Mayor Gennell asked, "Commissioner Blake, are you amending the Motion to
that effect?"
COMMISSIONER BLAKE SAID, "I MAKE A MOTION TO AMEND THE
MOTION TO INCLUDED THE CORRECTIVE LANGUAGE IN SECTION
ELEVEN (11) SUB "A", TO INCLUDE THE TERMS OF DURATION FOR TEN
(10) YEARS FROM THE EFFECTIVE DATE". SECONDED BY
COMMISSIONER MILLER. DISCUSSION. VOTE (ON THE AMENDMENT):
COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE.
MOTION CARRIED. DISCUSSION.
Deputy Mayor Gennell said, "The amendment passes. Now, is there any discussion on
the Motion?"
VOTE (ON THE MOTION): COMMISSIONER MILLER:
COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ:
COMMISSIONER BLAKE: AYE. MOTION CARRIED.
AYE;
AYE;
Mayor Paul P. Partyka arrived at 6:46 p.m. (The Mayor advised those in attendance that
he had just left a reception for the Vice Mayor of Modi 'in, Israel).
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CITY COMMISSION
REGULAR MEETING - OCTOBER 11, 1999
Page 5 of 18
B. Community Development Department
Requests The Commission Consider A Second Reading Of Ordinance 707 Adopting
The Proposed Town Center District Boundary And Town Center District Code.
Mr. Charles C. Carrington, AICP, Community Development Director, and Mr. Thomas
Grimms, AICP, Comprehensive Planning Director addressed the Commission on this
Item.
Discussion ensued on approving this second reading, but to have a third and final reading
for adoption of the Ordinance at a later meeting; possibly tabling this matter; meetings
with the property owners; proposing a date certain; and agreements.
Micky Grindstaff. 20 North Orange Avenue, Suite 1001, Orlando, Florida: discussed this
matter, and the status of workshops.
As City Manager, Ronald W. McLemore wanted to confer with staff for a few minutes -
Mayor Partyka presented a plaque to "Richard the Barber" - as his barber shop is the site
of the original City of Winter Springs City Hall.
Mayor Partyka called ajive minute break at 7:03 p.m.
The meeting was called back to order at 7:12 p.m. by Mayor Partyka.
Micky Grindstaff. 20 North Orange Avenue, Suite 1001, Orlando, Florida: said "I
would like to get caught up on a few things, for the benefit of the record, and I think for
the benefit of some of the folks that are here this evening, in anticipation of the second
reading, and for the benefit of the new City Attorney. I know that along the way, we
talked about this a number of times. We've had a court reporter here, who has
transcribed every hearing we have had on this thing, of which there have been many, of
which there has been a lot of paper produced by her, and because we've been geared up
for the second reading, a number of times, rightfully or wrongfully, we've been having to
get geared for it - we would like to tender the transcripts to date into this record and give
you each a copy of it, as well as the new City Attorney, especially and Mr. McLemore,
and at least be caught up as of October the 11 th, 1999".
The Commission and Mr. Ronald W. McLemore, City Manager discussed adjoining
properties and the Standstill Agreement.
Mayor Partyka opened the "Public Input" portion of the meeting.
Paul Schertz, Contract Purchaser for the Kingsbury property: introduced himself to the
Commission and spoke of the property and site plans.
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REGULAR MEETING - OCTOBER II, 1999
Page 6 of 18
Commissioner David W. McLeod asked that Manager McLemore update the
Commission regarding Mr. Joshi prior to the next meeting.
Discussion ensued on the status of the Town Center; adjoining properties; the 434
corridor; adoption of this Ordinance; the Kingsbury property; and a Standstill Agreement.
Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: explained the
two volumes of documents; spoke of the suggested continuance; and being "fair".
Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: deferred to Mr.
Leerdam.
Ed Leerdam, 1327 Alberta Drive, Winter Park, Florida: spoke about vested rights,
property ownership, and that he is still waiting to talk with City personnel.
Tape I/Side B
Manager McLemore asked Mr. Leerdam to call his office in the morning to arrange a
meeting.
Paul Finnegan, 1567 Warrington Street, Winter Springs, Florida: asked about the status
of the agreement with Mr. Joshi, and office arrangements with Mr. Rohit Joshi.
Mayor Partyka closed the Public Hearing.
"BASED ON THE FACT THAT THE MANAGER AND THE CITY ATTORNEY
ATTEST TO THE FACT THAT NO ONE WILL BE HARMED BY APPROVING
THIS SECOND READING AS AMENDED, AND THAT IT WILL STAND AS A
FIRST READING, FOR ALL INTENTS AND PURPOSES; AND SINCE IT HAS
BEEN RECOMMENDED BY STAFF, THE CITY MANAGER, THE CITY
ATTORNEY, I MAKE A MOTION THAT WE APPROVE THE SECOND
READING OF ITEM "B" AS AMENDED". MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL.
Manager McLemore added, "I think that the motion made by the Commissioners should
include moving this to the third reading, at the meeting of - your next meeting date".
Commissioner Martinez said, "No problem with it".
Mayor Partyka added, "To a date certain, which is the next Commission meeting".
Mayor Partyka then asked if there was a motion to read the Ordinance.
"SO MOVED". MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER MARTINEZ,
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REGULAR MEETING - OCTOBER II, 1999
Page 7 of 18
The first Motion (and Second) were withdrawn.
Mayor Partyka then said, "We need to get a Motion to read by title only, for this
particular amended Ordinance".
MOTION AND SECOND. DISCUSSION. VOTE: DEPUTY MA YOR
GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER
MILLER: AYE. MOTION CARRIED,
Attorney Garganese read Ordinance Number 707 by "title only", "as amended". He
added, "Just so it is very clear that the two amendments are with regards to the maps on
page two (2) of the document entitled, Town Center District Code, and the amendment to
the map that's within the body of the ordinance related to the Kingsbury property, which
will be included within the zoning district - that issue".
"I MAKE A MOTION TO APPROVE THE SECOND READING WHICH IN
THIS CASE WILL BE FIRST READING, AND AS AMENDED, AND TO MOVE
THIS ON TO OUR NEXT MEETING WHICH IS SCHEDULED FOR OCTOBER
25TH, 1999 FOR ADOPTION". MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION, VOTE:
COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE;
COMMISSIONER BLAKE: AYE. MOTION CARRIED.
.:..:. AGENDA CHANGE: THE COMMISSION AGREED TO HEAR
REGULAR AGENDA ITEM "D" AND REGULAR AGENDA ITEM "E" AT THIS
TIME. .:..:.
VI. REGULAR
D. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of Philip S. Florence, 101 N.
Bombay Ave., To Obtain Permission Of The Commission To Have More Than Two
Dogs At His Residence, As Per Section 4-2. Of The Code Of Winter Springs.
Mr. Phillip S. Florence, 101 North Bombay Avenue, Winter Springs, Florida: spoke
about his four dogs. Ms. Jimette S. Cook, Code Enforcement Officer, the Commission
and Mr. Florence spoke about the Code; the breed of these dogs; any impact on the
community; and complaints.
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REGULAR MEETING - OCTOBER 11. 1999
Page 8 of 18
"I'M GOING TO MAKE A MOTION THAT THEY DO HAVE TO GET RID OF
TWO (2) OF THE DOGS, AND TWO OF THOSE DOGS WOULD HAVE TO BE
GOTTEN RID OF WITHIN A THIRTY (30) DAY PERIOD. THAT'S MY
MOTION, AND THAT'S KEEPING WITH OUR PRESENT ORDINANCE".
MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER
MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: NAY;
COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE.
MOTION CARRIED.
F. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of Sally CanIahan, 41 S.
Edgemon Ave., To Obtain PermissJion Of The Commission To Have More Than
Two Cats At Her Residence, As Per Section 4-2. Of The Code Of Winter Springs.
Ms. Sally Callahan, 41 South Edgemon Avenue, Winter Springs, Florida: spoke about
the care and upkeep of her pets.
Ms. Jimette S. Cook, Code Enforcement Officer read a letter into the record, from Ms.
L.P. White. (See Attachment "An).
Discussion ensued regarding the Ordinance, and fairness.
"I THINK THAT THIS SHOULD BE DENIED - TWO (2) CATS, AS THE
ORDINANCE SPELLS OUT, AND AGAIN, THEY SHOULD HAVE THIRTY (30)
DAYS TO REMOVE THE OTHER THREE (3) CATS". MOTION BY
COMMISSIONER McLEOD. SJi:CONDED BY COMMISSIONER MILLER.
DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
The Commission discussed possibly rewriting the Ordinance. Commissioner McLeod
suggested that our Code Enforcement Department may want to bring some proposed
changes to the Ordinance, within the next two (2) weeks.
v. PUBLIC HEARINGS
C. Community Development Department - Planning Division
Requests The City Commission Approve The First Reading Of Ordinance 745, To
Annex A 9.07 Acre Parcel.
Mayor Partyka said, I'm looking for a Motion to read by title only".
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REGULAR MEETING - OCTOBER 11. 1999
Page 9 of 18
"SO MOVED". MOTION BY COMMISSIONER McLEOD. SECONDED.
DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR
GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED.
Attorney Garganese read Ordinance Number 745 by "title only".
Mr. Grimms advised the Commission that "The applicant has accepted the City's offer,
invitation to annex into the City". Discussion ensued on providing utility services to this
property; the location of the property; zoning classifications; possible subdivisions; title
ownership; legal description; and the building of a personal residence and/or additional
residences.
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
"I'D MOVE TO ADOPT ORDINANCE 745 AND MOVE TO A SECOND
READING, ON THE 25TH OF OCTOBER". MOTION BY COMMISSIONER
MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE:
DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE;
COMMISSIONER MARTINEZ: AYE. MOTION CARRIED.
D. Community Development Department - Planning Division
Requests The City Commission Approve The First Reading Of Ordinance 744, To
Annex A 4.5 Acre Parcel.
Mayor Partyka asked, I'm looking for a Motion to read by title only".
"SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER
BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER
McLEOD: AYE. MOTION CARRIED,
Attorney Garganese read Ordinance Number 744 by "title only".
The Commission and Mr. Grimms briefly discussed utility services to this property.
Mayor Partyka opened the Public Hearing.
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REGULAR MEETING - OCTOBER II. 1999
Page 10 of 18
There was no public input.
The Mayor closed the Public Hearing.
Mayor Partyka said, "I'd be looking for a Motion".
"SO MOVED". MOTION BY COMMISSIONER MILLER. SECONDED BY
DEPUTY MAYOR GENNELL, DISCUSSION. VOTE: COMMISSIONER
BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR
GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER
McLEOD: AYE. MOTION CARRIED.
E. Community Development Department - Code Enforcement Division
Requests The City Commission Hold A Public Hearing For The First Reading Of
Ordinance No. 747 To Amend The City Code That Deals With Commercial Vehicle
Parking In Residential Areas And lExtend The Deadline To Obtain Limited Term
Parking Permits From August 31,1999 To December 31,1999.
Mayor Partyka asked, I'm looking for a Motion to read by title only".
"SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER
McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER
BLAKE: AYE. MOTION CARRIED.
Attorney Garganese read Ordinance Number 747 by "title only".
Discussion ensued on the existing ordinance, and recreational vehicles.
Mayor Partyka opened the Public Hearing.
Anne Schloeman, 675 Wanetta Court, Winter Springs, Florida: asked that the deadline
not be extended; and added that "That other Ordinance totally needs to be re-done".
The Mayor closed the Public Hearing.
The Commission discussed the transfer of permits; and the time period for the extension.
"I WOULD MOVE THAT WE APPROVE OR PASS ON FOR SECOND
READING ORDINANCE NUMBER 747". MOTION BY DEPUTY MAYOR
GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE:
COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE;
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REGULAR MEETING - OCTOBER II, 1999
Page 11 of 18
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: AYE.. MOTION CARRIED.
F, Community Development Department - Planning Division
Requests The City Commission Approve The First Reading Of Ordinance 746, To
Annex A 2.5 Acre Parcel.
Mayor Partyka said, "I need a Motion to read by title only".
"SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED.
DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER
BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
Attorney Garganese read Ordinance Number 746 by "title only".
Mr. Grimms spoke on the location of this property; the zoning of this property; the
planned use for the property; and land development regulations.
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
Mayor Partyka said, "I'm looking for a Motion".
"SO MOVED". MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER BLAKE, DISCUSSION.
Mayor Partyka then clarified, "To move it on to the second reading".
VOTE: COMMISSIONER MILlGER: AYE; DEPUTY MAYOR GENNELL:
AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD:
AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED.
G. Community Development Department - Code Enforcement Division
Requests The City Commission Hol.d A Public Hearing For The First Reading Of
Ordinance No. 748 Establishing A Moratorium Prohibiting The Installation Of New
Billboards.
Mayor Partyka said, "I need a Motion to read by title only".
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Page 12 of 18
"SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ:
AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE;
DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE.
MOTION CARRIED.
Attorney Garganese read Ordinance 748 by "title only".
There was brief discussion about other communities; a date certain; and corporate logos
and bright colors.
Tape 2/Side A
Commissioner Martinez said, "I just wanted to remind the Code Enforcement Officer that
we discussed this last, it was a discussion about grandfathering some signs that are up,
and cannot be ordered to be removed because of standing agreements, or whatever, so if
we do this, make sure that we are advised of the fact that there are certain signs out there
that would have to remain". Code Enforcement Officer Cook agreed.
Discussion ensued on regulations; other properties; size limitations; along with current
billboards and new billboards. Code Enforcement Officer Cook was asked if there was
any available information on the number of billboards that this would apply to.
Attorney Garganese suggested that Staff should use the definition currently in the City
Code, and to not create another definition. Attorney Garganese suggested amending
"Section 2. to state that the billboards shall be defined as set forth in Section 15-51. for
the definition of outdoor advertising displays". Ms. Cook said that she would take that
under advisement. In addition, Attorney Garganese spoke about being consistent,
especially regarding Section 16-77.
Further discussion ensued about considering on-site and off-site advertising pertaining to
"billboard sized signs".
Mayor Partyka opened the Public Hearing.
There was no public input.
The Mayor closed the Public Hearing.
"I'D LIKE TO MOVE THAT WE MOVE ORDINANCE 748 ON TO A SECOND
READING AND HAVE IT INCLUDE THE SUGGESTED CHANGES,
RECOMMENDED BY THE CITY ATTORNEY, AND THE SECOND READING
BE THE 25TH OF OCTOBER". MOTION BY COMMISSIONER MILLER.
SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE:
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COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD:
COMMISSIONER BLAKE: AYE:; DEPUTY MAYOR GENNEll.L:
COMMISSIONER MILLER: AYE. MOTION CARRIED.
AYE;
AYE;
.:..:. AGENDA CHANGE: THE COMMISSION AGREED TO HEAR "ADD-
ON" REGULAR AGENDA ITEM "G" AT THIS TIME. .:..:.
VI. REGULAR
ADD-ON
G. City Manager
Recommending Adoption Of Resolution Number 899 Authorizing A Covenant To
Budget And Appropriate Non-Ad Valorem Revenues For Security For The City Of
Winter Springs Special Assessment Revenue Bond Anticipation Notes, Series 1999.
Mr. Mike Williams of Carlton Fields, Bond Counsel explained to the Commission that
"Essentially what this Resolution says, is that if the assessments for some reason, either
don't come in as expected, or come in an amount less than expected, the City will come
up to budget and appropriate the legally available fund amounts sufficient to pay the
notes". Mr. Williams elaborated on the adoption of this Resolution; "NationsBank";
related litigation; and rising interest rates.
"I'LL MAKE THE MOTION TO APPROVE RESOLUTION 899". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
Mayor Partyka introduced Mr. Randy Schwartz, legal counsel for the Greater Orlando
Association of Realtors, and the Deputy Mayor of Modi'in, Israel, Mr. David Ziv to the
Commission and to those in attendance. Mr. Ziv spoke about looking for opportunities to
form a Joint Venture with high tech companies; along with the merits of education, and
their hopes to build a University.
Mayor Partyka called a break at 9:07p.m.
At 9:21 p.m., the meeting was called back to order by Mayor Partyka.
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VI. REGULAR
B. Community Development Department
And Wyman Fields Foundation Request The Commission Establish October 14,
1999 At 11:00 A.M. As The Date For The Official Ground Breaking Ceremony For
The Moss Road Redevelopment Project.
This was acceptable with the Commission. It was noted that the festivities would start at
the offices of Wyman Fields - 207 North Moss Road, Suite 105.
C. Parks And Recreation Department
Requesting The City Commission Consider City Concession Services.
(This Agenda Item Is Postponed To The October 25, 1999 City Commission Regular
Meeting)
No action was taken or required.
E. Deputy Mayor Cindy Gennell
Requests The Commission Review The Attached Draft Of Commission Policies, As
Discussed At The July 13, 1999 City Commission Workshop.
The Commission went through the bulleted minutes attached to this Agenda Item, and
clarified that they will adhere to the foHowing procedures:
. Starting with the October 25, 1999 Commission meeting, a workshop will be held
prior to each Commission meeting, from 5:00 p.m. to 6:30 p.m., for a period of
two (2) months.
. "Agenda Packets will be made available to members of the Commission, no later
than Wednesday, prior to the Commission Meeting".
. "Robert's Rules of Order will be the underlying foundation for the conduct of the
Commission meetings".
. "Any Commissioner may request a Consent Agenda Item be held for separate
consideration".
. "No motion shall be recognized by the Chair until all Commissioners and the City
Manager have had an opportunity to address the Agenda Item".
. "Motions, once made, and seconded, belong to the Commission, not the
individual making the original Motion".
. "Amendments need not be approved by the maker of the Motion".
. "All Motions shall be considered in accordance with the Ranking Order Chart in
the Parliamentary Procedure Basics for Governmental Bodies".
. There is no time limit as to the amount of time a Commissioner may speak.
. "Motions to call the question, shall require a second and a vote".
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - OCTOBER II, 1999
Page 15 of 18
· "The Mayor shall strongly enforce the directives of the Commission, relative to
disruptive members of the audience, and time limits on public input".
. "Members of the Commission may call the Mayor's attention to disruptive
behavior by members of the audience, if the Mayor fails to notice the behavior.
In such event, the Mayor shall issue a warning to those individuals".
· "Disruptive members of the audience, shall be given one (1) or two (2) warnings
by the Chair. If these individuals commit further disruptions, the Police Chief
shall escort them out of the Commission Chambers". The consensus of the
Commission was that after one (1) warning - individuals who disrupt the meeting,
will be escorted out of the meeting.
. "Commission meetings shall be adjourned by II :00 P.M., however, they may be
extended in one (1) hour increments, by a 'supermajority' vote".
· "The consensus of the Commission was that regardless of the time. adjournment
shall require a Motion, a second. and a 'majority' vote ".
. If the time to adjourn is before II :00 p.m., with the approval of a majority, the
meeting can be adjourned.
"I MAKE A MOTION THAT WE ADOPT THE CITY COMMISSION RULES
FOR CONDUCTING BUSINESS, STARTING ON THE 25TH OF OCTOBER".
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER, DISCUSSION.
. The consensus of the Commission was to include "Chart If" from the
Parliamentary Procedures booklet.
There was further discussion about adjourning the meeting; motions; suspending the
rules; and whether a Resolution or a Policy Paper should be completed.
"MAYOR, I'D LIKE TO MAKE A MOTION TO AMEND THE MOTION TO
DIRECT THE CITY MANAGER TO BRING THIS BACK WITH THE
CHANGES APPROVED THIS EVENING, IN THE FORM OF A RESOLUTION".
MOTION BY COMMISSIONER lBLAKE. SECONDED BY COMMISSIONER
MARTINEZ, DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE;
COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE;
COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE.
MOTION CARRIED.
MAYOR PARTYKA THEN SAID, "NOW, THE MOTION WITH THE
AMENDMENT ON THE MAIN MOTION". DISCUSSION. VOTE:
COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE;
COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE;
DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING. OCTOBER I 1,1999
Page 16 of 18
Commissioner McLeod thanked Deputy Mayor Gennell and Mayor Partyka for their
efforts with this project.
Commissioner Edward Martinez, Jr. brought up a letter pertaining to "Establishing a free
trade zone", Mayor Partyka said that he would address this issue under his seat.
VII. REPORTS
A. City Attorney - Anthony A, Garganese, Esquire
No report.
B. City Manager - Ronald W. McLemore
No report.
C. City Clerk - Andrea Lorenzo-Luaces
Ms. Lorenzo-Luaces thanked Mayor Partyka for his appointment, and the Commission
for their ratification - in person.
D. Commission Seat III - Edward Martinez, Jr.
Commissioner Martinez spoke about bringing it to the Commission's attention regarding
such things happening in the Tuscawilla community, as "obstructions" and negativity.
Tape 2/Side B
He added that an attorney has taken the job of handling such issues and that he wanted to
make sure that the Commission was aware of such actions.
E. Commission Seat IV - Cindy Gennell
Deputy Mayor Gennell asked about the qualifications of a candidate whose residency was
being questioned.
Attorney Garganese addressed this Issue and was asked if this was acceptable.
Discussion.
Deputy Mayor Gennell spoke about issues involving corporate logos. Discussion.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - OCTOBER II. 1999
Page 17 of 18
The consensus of the Commission was that Staff would check into this. Mr. Carrington
suggested that Mr. Mike Wadley could bring this back to the Commission in the 434
guidelines.
Deputy Mayor Gennell suggested that if the Commission was to review the animal issue,
then, could the Code Enforcement Officer contact the two individuals who were here
tonight, and advise them that we may be revising the code.
The consensus of the Commission was that the Code should be revisited and other
surrounding cities should be checked.
Deputy Mayor Gennell asked what the status was regarding individuals having political
signs on vehicles, on city property.
The consensus of the Commission was that political SignS should be acceptable on
vehicles.
Deputy Mayor Gennell asked Mr. Garganese to bring back information, at the next
meeting, regarding what could happen if something a candidate did, was done
incorrectly.
F. Commission Seat V - David W. McLeod
No report.
G. Commission Seat I - Robert S. Miller
Commissioner Miller commented on a problem with mosquitoes. Manager McLemore
said he'd look into making sure that the City's efforts are as comprehensive as possible.
Commissioner Miller spoke about the changes with Hayes Road and State Road 434,
regarding road improvements, over a two (2) week period. Commissioner Miller asked if
this was the case, could it be done as quickly as possible.
Commissioner Miller spoke about the affidavit that was supplied regarding a candidate's
residency, and he suggested that our Attorney look into this, as suggested. Discussion.
Attorney Garganese spoke on the issues of residency and domiciles.
The Commission was polled for their opinion, whether the Commission wanted more
information regarding the residency issue. The consensus was that no further information
was needed.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - OCTOBER II, 1999
Page 18 of 18
"MOTION TO ADJOURN - SO MOVED", MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE: DEPUTY MAYOR GENNElLL: AYE; COMMISSIONER MARTINEZ:
AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: NAY. MOTION CARRIED
VIII. ADJOURNMENT
The meeting was adjourned at 11 :00 p.m. by Mayor Partyka.
The following Reports were not discussed.
VII. REPORTS
H, Commission Seat II - Michael S. Hlake
I, Office of the Mayor - Paul P. Partyka
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
PAUL P. PARTYKA, M
NOTE: These minutes were approved at the October 25, 1999 City Commission Meeting.
Attachment "An
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-----1.
NOTE FROM THE CITY CLERK:
AT THE OCTOBER 25, 1999 CITY COMMISSION REGULAR MEETING, THE
FOLLOWING DISCUSSION ENSUED REGARDING THE APPROVAL OF THE
CONSENT AGENDA, INCLUDING THE APPROVAL OF THE OCTOBER 11, 1999
MINUTES:
"MOTION TO APPROVE" (THE CONSENT AGENDA). MOTION BY
COMMISSIONER MARTINEZ,
Deputy Mayor Gennell said, "The minutes as we have them, do not reflect the
discussions that took place here, amongst the Commissioners; so I would either like the
discussion, during the Reports Period, on the qualification process and the dilemma that
we faced - either further outlined or done verbatim".
The Commission agreed that a verbatim discussion should be added to the minutes.
SECONDED BY DEPUTY MA YOR GENNELL. DISClJSSION, VOTE:
COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE;
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY
MAYOR GENNELL: AYE. MOTION CARRIED.
THEREFORE, THE FOLLOWING EXCERPT FROM THE CITY COMMISSION
REGULAR MEETING HELD ON OCTOBER 11, 1999, IS ADDED TO THE OCTOBER
11, 1999 MINUTES:
VII. REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
"N 0 report".
B. City Manager - Ronald W, McLemore
"No report".
C. City Clerk - Andrea Lorenzo-Luaces
Ms. Lorenzo-Luaces thanked Mayor Partyka for his appointment, and the Commission
for their ratification - in person.
CITY OF WINTER SPRINGS
TRANSCRIPT ADDITION TO THE OCTOBER II. 1999 REGULAR MEETING MINUTES
CITY COMMISSION
OCTOBER 11,1999 REGULAR MEETING MINUTES
PAGE 2 OF IS
D, Commission Seat III - Edward Martinez, Jr.
Commissioner Martinez: "I'd like to bring to the attention of the Commission the fact
that there are certain things happening within this City, which are not in the best interest
of this City and the residents of Winter Springs. We have what we can call
'obstructionists' that each and every time the City is moving forward, somehow,
someway, find a way to come up here and interrupt, create conflict, cause delays, and
cause us to work overtime in pushing the programs meant to move the City forward and
negative.
And, I don't know what's happening or I would like the Commission to be aware of the
fact that there's an Attorney here, in the City who has taken up the chore of handling
every one of the issues for some citizens and against the City of Winter Springs -
meanIng us.
We have - this Attorney's on record, so it's no secret, he has tended to the Mayor's case
against the Commission. He has also written recently on behalf of a candidate for office
who's qualifications are worth questioning. He's also the Attorney on record on an
alleged or perverted or express appeal that has been filed to attempt to enjoin the City of
Winter Springs from proceeding with the bond issue and the taxing district. And I can't
understand what is going on or why these things are happening or why this one Attorney
is involved in all of these different issues. Is he friends of the Mayor? An injunction?
And the protection of a person who only recently came to our attention" ...
Tape 2/Side B
". . .Asking for donations to kill the taxing district - to defend or to support their legal
position in their effort to kill the taxing district. And I can't understand, I mean, it
befuddles me, when the very same people that are doing this are the very same people
that when Tuscawilla, the Homeowners' Association, was fighting the country club, and
asked for legal donations, to support our fight against the country club which benefited
that section over there, called Country Club Village, more than any other subdivision in
Tuscawilla. They reneged and withdrew their legal support from the Tuscawilla
Homeowners' Association for the legal defense, and here they are asking citizens of
Tuscawilla to send them donations supporting the illegal action against the City of Winter
Springs and the taxing district.
I don't know who has the answers, but I wish somebody - I just want to make sure the
Commission is aware of what is transpiring within this City. Thank you".
Mayor Partyka: "If! may, Commissioner, again - this is not a position of pro or con, but,
very simply, Mr. Jones is a noted attOlney in Central Florida, of Florida and even beyond
as being a very good attorney to fight governmental constitutional issues; and he's gotten
a lot of publicity, honestly, in terms of my case. But, the fact of the matter - he's a
lawyer, he's there to get paid, and so he's got a job to do and he's doing his job based on
CITY OF WINTER SPRINGS
TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES
CITY COMMISSION
OCTOBER II, 1999 REGULAR MEETING MINUTES
PAGE 3 OF 15
clients - that's number one. Number two, I think in a democracy all people have a right
to voice their opinions pro or con, and as long as these issues are legal - that's the nature
of this United States of America. So, I think we just have to let these things TUn its
course, and see wherever it goes - it goes. So, that's - that's really my general comment
on anything, and that's not a position of pro or con - it's, that's the comments of
America, and I've been on the side of fighting the issues as an activist out there. I was
very very unpopular with the Commissioner's up here, so we're just doing what we're
supposed to be doing, I think - in a democracy, and that's the"...
Commissioner Martinez: "Who's we, Mr. Mayor"?
Mayor Partyka: "We anybody - that's the population - the population has a right in a
democracy to do whatever it takes from a legal standpoint, to protect our position - that's
all, us here, and the people".
Further discussion ensued between Mayor Partyka and Commissioner Martinez regarding
the Mayor's case.
Mayor Partyka: "Commissioner Gennell".
E. Commission Seat IV - Cindy Gennell
Deputy Mayor Gennell: "Yes, Mr. Garganese - were you going to bring us back the
information about the qualifications of the candidate from last meeting".
Attorney Garganese: "Yes, it was placed on the dais. There were two letters or
Affidavits, whatever you want to call them, submitted by Mr. Baggett and Ms. Aliff
regarding the residency of Ms. Melissa Zilka - both of those Affidavits or documents
indicate that Ms. Zilka resided in Winter Springs for more than one year prior to her
present residence at 324 San Rafael Court in Winter Springs. They claim that she resided
at 317 Riunite Circle, Winter Springs, Florida; furthermore, you should - I believe
you've received a copy, according to the City Manager of a letter that was addressed to
me from Attorney Michael Jones. In that letter, he submits an Affidavit of Ms. Zilka,
which indicates that she is also - that she has resided in the City of Winter Springs for
more than one year. It goes into explaining her situation in Pompano Beach, in as well as
situations involving members of her family and residency at Riunite Circle. That is the
additional information that's been submitted regarding Ms. Zilka's qualifications to TUn
for City Commission".
Mayor Partyka: "Any other comments"?
Deputy Mayor Gennell: "Yes, I think the Commission needs to look at this with regard
to whether or not they have an obligation under the Charter to, to make a finding whether
this person meets what the residents of this City, in their Charter, intent for the
qualification of the people who want to serve them. I can't vote on this - I have no
CITY OF WINTER SPRINGS
TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES
CITY COMMISSION
OCTOBER 11. 1999 REGULAR MEETING MINUTES
PAGE40FI5
intention of it. But, I would call your attention - I will do whichever, that part doesn't
bother me. But I do feel very strong for this here relationship with the people who
entrusted us up here, to safeguard their Charter. So, that's all I have to say about it".
Mayor Partyka: "Mr. Garganese, is this sufficient from the State Law, at this point, I
mean, you made this point in here, that one's residence where the person intends to live-
there's an Affidavit here that's saying what they say is - is this sufficient? And, is it, is
this sufficient at this point"?
Attorney Garganese: "On the face of the information that you have been provided, it
indicates that she has resided in Winter Springs for more than one year. The law, as to
whether she is a resident depends obviously on the definition of residence, and is an issue
of law and fact; and the facts that have been given to the Commission so far, I believe the
Commissioners all, that all Commissioners have received it. With respect to this
Commission's actions at this point, there is nothing expressly stated in the Charter or
State Law that requires you to make an affirmative action, regarding this".
Mayor Partyka: "Okay. Commissioner Martinez".
Commissioner Martinez: "I'm not trying to keep this person from running for office. I
don't care - I could care less whether she runs or doesn't run. But, I do say that she has a
neighbor, name of Carnes, across the street from where she used to live in Pompano, and
she said that the young lady and her daughter were living there until February. She
would not give an Affidavit. There's also the matter of a telephone listing. Usually,
when a person moves out of a jurisdiction, before a phone is discontinued, the phone
continues to be listed. If they move before the next set of books is issued, they're
probably eliminated, and Ms. Zilka has a telephone listed in Pompano, which when
dialed, you receive a response that says this telephone is not receiving incoming calls.
That's all I have to add to that - to the matter".
Mayor Partyka: "Okay. Any other thing on this? Is there anything that we need to do at
this point"?
Attorney Garganese: "I don't know - well, let me make sure I'm really clear on this -
there's nothing in your Charter or the Statutes that expressly authorizes you or requires
you to act. If the Commission wanted to take some action, based on the information that
has been provided, the actions could be one of two things, one - an attempt to challenge
her residency requirement, or residency that, her residency in Winter Springs, or do
nothing, I mean those are the two things. If you decided to challenge that, it's an issue of
standing - on what basis would the City itself bring the action and, 'cause you have no
express authority, it would have to be some sort of implicit authority, such as municipal
home rule powers or implicit authority in your Charter to uphold certain provisions in
your Charter, so you would have to go forward, based on that.
CITY OF WINTER SPRINGS
TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES
CITY COMMISSION
OCTOBER 11, 1999 REGULAR MEETING MINUTES
PAGE 5 OF 15
And then you have to ask yourselves, what are you going forward to do? Is it to seek -
there are a couple of potential remedies and I've read some cases where this issue has
come up, where a City had actually filed a declaratory relief in the Circuit Court to ask
the Court whether or not a potential candidate for their City Commission had met the
residency requirements of their City Charter - was declaratory relief. If that would -
that's one potential avenue for this Commission. But, just like any other lawsuit, you
have to evaluate the facts that are before you and whether you want to even go forward
with a particular action in the Circuit Court. It's very clear in the Statutes that to enjoin
anybody from running for office is going to require an action of the Circuit Court. And
you've got to ask yourself whether this City Commission wants to take this action based
on the facts that have been presented to you, and then we can get into, if you really
wanted to get into some of the technical legal issues, I'd be happy to go through them. I
could be here for a little while going through them, but, it's up to the Commission".
Mayor Partyka: "Okay. We have Affidavits here in front of us. I mean what more can
we do? She signed the Affidavit that she's been here nineteen months. I've got two
other Affidavits here. I mean what else can we do? I mean - from my standpoint, and
beyond that - let the campaign dictate what it is or challenged or whatever it may be. I
mean, I was looking at this, and what we could do. Commissioners, I mean it's your call.
I was just looking at this; we've got Affidavits, we've got this, I don't know. Anybody"?
Commissioner Martinez: "The Commissioner here has an option, she can challenge this
in Court, before the election comes in".
Mayor Partyka: "Okay. Is there anything this Commission wants to do on this? Okay.
You've got final comment".
Deputy Mayor Gennell: "I think most people are intelligent enough to see through
situations and make good decisions when they vote. But I will say this, having been out
this morning, at a gathering with some people socially. To take no action, which is your
option, it opens us up to comments such as, were made to me this morning. For instance,
I had a Seminole County Sheriffs Deputy say to me, 'you know, I wrote a ticket in
Winter Springs, that will qualify me to run there'. Another guy said, 'Well, I drove
through there once, but I guess I could qualify to run'. So, it's immaterial to me what
you do, but when the public out there looks at it, are you comfortable that they're going
to be satisfied that you did your job, that's all I'm saying. I'll go on, other people have
their seats if they want to bring it up".
Mayor Partyka: "Commissioner McLeod".
Commissioner McLeod: "I don't fully - I don't really believe that it's something that
should be challenged, you know, should be challenged, should be challenged in the
Courts, and I don't know that it's what the Affidavits that's here in front of us, and the
information that's here on these Affidavits. I don't know if there's anything on the
Affidavits strong enough to tell us that we should spend tax payer's money fighting the
CITY OF WINTER SPRINGS
TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES
CITY COMMISSION
OCTOBER II, 1999 REGULAR MEETING MINUTES
PAGE 6 OF 15
Court, as a City or City Commission; and I think the truths will come out prior to an
election, and if not, they definitely could be challenged even after election, but, you
know, it's pretty hard to take this - it's basically an Affidavit under the State of Florida,
signed, notarized here that addressed all five issues, basically, that if brought out
regarding this particular individual, and an explanation for those. So, I would have to at
this time, myself, say I don't know if the Commission needs to expend at this time, a lot
of money necessarily fighting this thing - and I think it will come out".
Deputy Mayor Gennell: "Okay. Thank you. As I said..."
Commissioner McLeod: "I mean that's my personal opinion, if you definitely have three
other Commissioners here - opinions".
Deputy Mayor Gennell: "But it's not, that's not - you only take the action that you want
to, but, it's under my seat stilL.."
Mayor Partyka: "I thought you were already finished and were taking a little poll"?
Deputy Mayor Gennell: "No, I just left it; other people have their seats coming up, if
they choose to bring it up under their seats, and take an action, fine. If they choose not
to, fine. I was just advising you of what's out there, in the public right now".
Discussion then followed regardil1g other subjects including SIgn Issues; matters
pertaining to the City's Animal Ordinance; and political signs.
F, Commission Seat V - David W. McLeod
No report.
G. Commission Seat I - Robert S. Miller
Commissioner Miller spoke about problems with mosquito; and the Hayes Road area.
Commissioner Miller: "On the issue that Commissioner Gennell raised, with regard to
the individual who's put her name into the hopper to run for a Commission Seat. I only
saw this a little while ago, but it's an Affidavit signed by Mrs. Zilka, and I just got it at
the beginning of this meeting. Just now, had a chance to read it. I am struck by
paragraphs two and four of her statement, which I would like to read and see what
everyone else thinks - missing something. Paragraph two of her Affidavit states that she
moved to 317 Riunite Circle, of Winter Springs in February of 1998, with the intent and
purpose of establishing residency, locating a home and preparing to bring her daughter to
Winter Springs, and enroll in the Winter Springs county school district. I believe 317
Riunite Circle is a relative's residence, but I'm not sure. I don't think it's her residence.
CITY OF WINTER SPRINGS
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CITY COMMISSION
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And then paragraph 4., she goes on to say, that in February of 1999, Affiant moved to
324 Raphael Court, Winter Springs and secured a job with the Sales Engineering
Concepts, Inc. in Altamonte Springs, Florida, although Affiant had in fact set up
residency in Seminole County - Affiant did not change her permanent mailing address
from South Florida or change the same with the Driver's License Bureau because the
Affiant maintained a mailing address with her grandmother, until she made permanent
arrangements in Winter Springs.
She also mentions elsewhere in her statement that she travels a lot through the state, with
her earlier employ - who, I don't know who that was, but, it appears to me that what
happened was that from time to time, she came through Winter Springs on her business,
resided with a relative, and then went home to join her daughter and her mother in
Pompano Beach - that's what it appears to me. I believe there is serious grounds here for
a question. I don't think her statement establishes her residence in Winter Springs in
February of 1998. That's my personal opinion.
Now, I think we should have the - our Attorney made the comment earlier that you could
look into this and get back to us with some details, maybe a case study or something like
that, I'm not sure what, but I did obtain a piece of paper from our Attorney, moments ago
which I guess is based on case law, and one of the case laws says that an elector may
have his place of permanent residenct: in a certain county and yet have as the mailing
address, the route number that bears the name of the city or town in another county. So,
yes a mailing number is not necessaril.y a residence, and then there's a second one that
says a person's residency for voting purposes is where he or she intends to maintain
permanent domicile at that time, to the exclusion that any other location; failure to
maintain residency in that jurisdiction may be grounds to challenge the elector at the
polling place; so, I assume that intending to maintain a permanent domicile in Winter
Springs does not exclude her earlier domicile in Pompano Beach; therefore, she probably
was not a resident of Winter Springs, until the time she physically rented a house here -
acquired a driver's license.
I'd just like to point that out to the Commission, I believe we probably ought to look into
this further, and not just - well, I think it might be incumbent on us to look into it further,
rather than just say, leave it 'till after the election and see if somebody challenges this.
There is enough evidence here, gives me cause for concern that we probably should look
into it, a little bit further. And, that's the way I'd like to leave it for the time being - see
whatever, see if anyone else has a comment, other than that, I have no further input".
Mayor Partyka: "Commissioner Martinez".
Commissioner Martinez: "All I can add to that is there are about five or six pieces of
documents that are refuting the allegation of the Affidavit. An Affidavit doesn't mean a
thing because I can produce a false sworn Affidavit against my person, by person's of
this community, so swearing into an Affidavit apparently seems to something that people
have been falling into since 'slick Willie' did it in Washington".
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Mayor Partyka: "Commissioner Martinez, I'm going to say this again. Commissioner
Martinez, I'm going to say this again".
Commissioner Martinez: "It's on the record".
Mayor Partyka: "You cannot impugn a document that has been sworn as - as fact".
Commissioner Martinez: "I'm telling you that I can produce a document that was sworn
falsely against me. I'm not saying that that is..."
Mayor Partyka: "Okay. All right then, then, okay, all right".
Commissioner Martinez: "Stop twisting my words, as you've said before".
Mayor Partyka: "Okay. All right. Anything else, any other comments? Okay. I think
it's the Commission - I certainly think they said, earlier, that I think we're just going to
have to go where this goes, and let the campaign take. Is that correct? I believe
Commissioner McLeod voiced that opinion - and I don't think we need to do anything
else at this point, okay".
Commissioner McLeod: "I think Commissioner Miller has probably still has the floor -
poll the Commission as to the..."
Mayor Partyka: "Okay. All right. Commissioner Blake"?
Commissioner Blake: "And the question is"?
Mayor Partyka: "Do you want to do - do you want to do anything further in terms of
checking out the residency of this person".
Commissioner Miller: "Mr. Mayor, if I may. The comment was made earlier, not by me,
but by someone else, that - or I think it was actually our Attorney who said he could look
into this and get back to us with more information".
Mayor Partyka: "Is that what you said"'?
Commissioner Miller: "This information on case law is the kind of information I'm
referring to, because it - it makes it quite clear, I think, unless I'm misreading this, that
there are certain things that establish people's residency for - running for an elected
office, and if, if there is some - something were missing, I think we at least ought to have
it presented to us, before we drop this into a post election box and just ignore if'.
Mayor Partyka: "Rather - Mr. Garganese".
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Attorney Garganese: "Mr. Mayor. Just so it's clear - what I said, is if the Commission
would like me to explain more, as to what the law is with respect to residency, I'd be
happy to do it at this meeting. It could take some time - maybe not several hours,
hopefully not, but it would take some time to explain".
Mayor Partyka: "Let me ask you, just a simple question. Based on what you saw right
here, with these Affidavits, is this a legal document? I mean - I'm not questioning
anything here, I mean, is this a legal document, is this sufficient for what it's intended to
be"?
Attorney Garganese: "That's the form - it appears to be a legal Affidavit - sworn to".
Mayor Partyka: "Okay, now is there anything else you want to say"?
Attorney Garganese: "Only if the Commission wants me to get into more on the legal
issues"?
Mayor Partyka: "Okay, Commissioners - let's - I believe Mr. Blake had the official
question, so, you do get to vote on it".
Commissioner Blake: "I think - the question that hasn't been asked yet tonight is, even if
anyone of us, or all of us could prove: without a doubt that this person has lived in the
City for less than the time that is required according to our chart. Even if we could prove
that beyond reasonable doubt, it's my understanding from the research that I've done, and
the people I've talked to - there's still is isn't anything that we as a Commission can do
about it. It has to come from an interested citizen who can file the complaint with the
Elections Commission, or a Judge and have it heard, and then the Judge will rule, and
make a decision.
So, I don't know why we're spending a lot of time talking about it, regardless, I mean
there is, you know, pieces of paper here, people have said things there; you know, you
could certainly paint a picture that looks like maybe she hasn't lived here that long; but,
even if that is true - and I don't know that it is, but, even if that is true, we need - as a
Commission - my reading of the Charter, and looking at some 'Attorney Garganese'
(Attorney General) Opinions, and everything else - we can't do anything about it. It
takes a citizen out there, I think who wants to file a complaint and have it investigated
and have it heard by a Judge - they can do something about it. So, I say we get on with
our jobs".
Mayor Partyka: "Commissioner Martinez".
Commissioner Martinez: "I think that it was requested of the City Attorney that it comes
back also at the next meeting and research this here and give us an idea as to what is
legal, and what is not - for the future. We have to know how to act every time one of
these instances come up, and we don't have a clear cut view of what our rights on the
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issue are as a Commission. We have to get some kind of a definition by the City
Attorney so we know how to proceed, and I think that was what was - for you - you
should come back to - to research it and come back and tell us where do we stand on this
issue. That's what I understood before".
Mayor Partyka: "Commissioner Gennell".
Commissioner Gennell: "I think what - it's pretty clear about what establishes residency
in the United States; and I've also heard the pros and cons of residency and everything, as
discussed this week; but, I would ask Mr. Garganese - 'Are there penalties for making
false Affidavits to the State"'?
Mayor Partyka: "We've already been shown that last time - it's a felony. She's already
subject to a felony".
Commissioner Gennell.' "I would like to here it".
Attorney Garganese: "I believe - tht::re are penalties. 1 don't know off the top of my
head what they are, with respect to her general Affidavit that's submitted".
Commissioner Gennell: "We reviewed the last one, at the last meeting, two (2) weeks
ago which said..."
Attorney Garganese: "That was..."
Mayor Partyka: "Let's all talk in -let's all talk into the microphones".
Commissioner Gennell: "Said that in relation to - an election and voting".
Attorney Garganese: "Yes, that was a third - degree felony with respect to the qualifying
papers. With respect to just a general Affidavit, the penalties for - for lying in an
Affidavit - I don't know off the top of my head, but, you're right - with respect to
qualifying, it's - it could be potentially a third degree felony, but..."
Commissioner Gennell: "As - legal issues go, to courts and Judges and so forth and
lawyers, are there not statutory requirements in - the State of Florida, about lying, about
lying under oath, in an Affidavit"?
Attorney Garganese: "Petjury".
Commissioner Gennell: "Petjury. Okay. Thank you, that's all 1 want to know".
Mayor Partyka: "Okay, so"?
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Commissioner Gennell: "Yes, I think it bears further looking into - I think that goes
without saying..."
Mayor Partyka: "Okay".
Commissioner Gennell: "Because I do think that the Commission - if, a criminal act was
perpetrated on the citizens of this City - yes, I think it incumbent on the City
Commission to be aware of that and how to avoid it, and so on and so forth. Yes I do".
Mayor Partyka: "Okay. Commissioner McLeod".
Commissioner McLeod: "I suspect there is quite a bit of law on this thing, so I suspect
it's going to probably become - other than what you already know, it's probably going to
be fairly timely in the next two weeks, of taking up a lot of your time in looking into it,
because I've heard a broad statement, rather than a - beyond a directional statement of
what you're looking into. Are you looking into all case law regarding misrepresentation
of filing an Affidavit and filing for an election, I mean, it seems to me with what I have
heard, unless you can give us some directive as - how you understand what you want to
look for".
Attorney Garganese: "My understanding right now is you wanted to know a little bit
more about residency requirement for qualifying as a candidate for City Commissioner. I
will tell you, based on what I know from my research - the issue, like I said before is an
issue of law, and an issue of fact. It is extremely fact intensive with respect to the issue
of residency. Now, the definition of residency I will suggest to you is unclear. What is
meant in the City Charter by residing in the City of Winter Springs? There is a Florida
Supreme Court case out there which indicates that residency and domicile are two
distinct terms and there is a lot of confusion on the two. Residency - a person - I can just
simply state it - without getting into an the details - a person could have two (2) or more
residencies, but only one domicile. Your Charter says, resides within that City of Winter
Springs.
What you have before you is an Affidavit of - from an individual that claims to have
established for all intents and purposes, a residency at 317 Riunite Circle, in February of
1988. One of the factors in determining residency is a person's intent to reside and if you
can go by the Florida Supreme Court Case, one person could live in Winter Springs, and
reside in Winter Springs, and reside in Pompano Beach at the same time. Further, there
is an Attorney General Opinion out there - actually a Division of Elections Opinion, out
there, in 1980, whether a candidate who is a guest in a home, has established residence
there for purposes of qualifying, depends on surrounding circumstances and intent of that
person. The issue - it's a very difficult issue; and, as I stated before, it's an issue for a
Judge to determine, with respect to an election".
Commissioner Martinez: ''1' d just like you to clarify one point. You said, Riunite Place
for 1988 - and that was '98".
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Attorney Garganese: "'98, if I misquoted. I'm just, I'm just reading, right from her
Affidavit that she provided to you, I take it for face value".
Mayor Partyka: "All right. Commissioners"?
Commissioner McLeod: "Mayor, 1 still have the floor, and I'd like to - 1 guess what I'd
like to try and point out is what we're hearing here. I don't know that - whatever the
research - when you're done, 1 think you are going to sit you two weeks from now,
basically tell us the same thing, that it's really a legal issue - it's not something you as
City Attorney can put your finger on and say, this is it".
Attorney Garganese: "I can't do that".
Commissioner McLeod: ". ..As legal - yes, as legal counsel of the city then, 1 would
think it would be somewhat misleading if you already know that in your heart or stomach
or wisdom - that two weeks from now, you're not going to be able to do that, then this
Commission needs to realize that right now, and not spend time - of your time chasing
something that the end result is going to have to be taken to Court to find the answer for.
And 1 think - I just, well I just heard you say.. ."
Attorney Garganese: "That's exactly what 1 said; the totality of the circumstances and
the facts that have to be presented to a judge".
Mayor Partyka: "All right. So Commissioners, do you want to go any further than this?
I mean, if you go by a majority, three of us said let's look into it. Do we need to do
anything more at this point"?
Commissioner Martinez: "We just want the information".
Commissioner McLeod: "I think - from the information that we were just given, you
should go down through this table again, and ask, if we are going to spend City
Attorney's money looking into something that this Commission has no control over and
this City Attorney cannot give you a definite defined answer saying, this person has
falsified this, or this person does not live in the City, nor this person does not meet your
Charter" .
Mayor Partyka: "Okay. 1 will..."
Commissioner McLeod: "That is the question".
Mayor Partyka: "I will pose the vote again. Okay, I'll start right from you this time.
What's your..."
Commissioner McLeod: "No".
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Mayor Partyka: "No. Okay. Ms. Gennell"?
Deputy Mayor Gennell: "I'll declare a conflict here".
Mayor Partyka: "Well, you can vote. You can vote".
Attorney Garganese: "With respect to this person's candidacy, I would - suggest that
you do not vote - because you have declared a conflict of interest".
Mayor Partyka: "But, this is not the candidacy. We're talking about going further on the
residency issue".
Attorney Garganese: "Is it, is it just a general question"?
Mayor Partyka: "General question out there..."
Attorney Garganese: "Or is it..."
Mayor Partyka: "All right".
Attorney Garganese: "Or is it something related to the election"?
Mayor Partyka: "All right, okay. Commissioner Martinez"?
Commissioner Martinez: "Yes".
Mayor Partyka: "Okay? Yes to go on, and find some more"?
Commissioner Martinez: "Bring us the information".
Mayor Partyka: "Okay".
Commissioner Martinez: "We have to establish - I was challenged in New York, for
residency, by running for office. There are clear-cut established rules and laws that
establish residence or residency requirements for qualification purposes. I imagine that
Florida is no different than New York, and there will have to be something there that tells
us, for the future, which way we should go",
Mayor Partyka: "Okay? It's a yes. Commissioner Blake"?
Commissioner Blake: "No".
Mayor Partyka: "Okay. Commissioner Miller"?
Commissioner Miller: "Yes".
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Mayor Partyka: "Okay. Tie - one, two, tie vote, no - okay. Any - any other questions?
Commissioner McLeod"?
Commissioner McLeod: "No".
Mayor Partyka: "Okay".
Commissioner Martinez: "Point of Order".
Commissioner Miller: "Mr. Mayor. I still have the floor, but I want to thank you for -
resolving this..."
Commissioner Martinez: "It's already after eleven o'clock".
Mayor Partyka: "Okay. All right. Motion to adjourn"?
Commissioner Martinez: "Suspend the: rules".
Mayor Partyka: "We need a - we need a super majority - okay. Is there a second"?
Commissioner Miller: "Second".
Mayor Partyka: "Okay. Call the vote please"?
?: "What's...what's the..."
Commissioner Martinez: "It's after eleven o'clock, Sir. It's a Motion to Adjourn".
Mayor Partyka: "Motion to adjourn; and you need a super majority, so - and it would be
for one hour. Call the vote".
Commissioner Martinez: "Motion to Adjourn. The Motion is to Adjourn".
Mayor Partyka: "The Motion is.. ."
Commissioner Martinez: "It's eleven o'clock. That's...which rules are we..!'
Mayor Partyka: "That's right - Motion is there to adjourn. Okay".
City Clerk Lorenzo-Luaces: "Deputy Mayor - excuse me".
Mayor Partyka: "I'm sorry. Go ahead".
City Clerk Lorenzo-Luaces: "Deputy Mayor Gennell"?
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Deputy Mayor Gennell: "Yes".
City Clerk Lorenzo-Luaces: "Commissioner Martinez"?
Commissioner Martinez: "Yes".
City Clerk Lorenzo-Luaces: "Commissioner Blake"?
Commissioner Blake: "No".
City Clerk Lorenzo-Luaces: "Commissioner Miller"?
Commissioner Miller: "Aye".
City Clerk Lorenzo-Luaces: "Commissioner McLeod"?
Commissioner McLeod: "No".
Mayor Partyka: "Okay. Motion Passes. This Meeting is now adjourned. Thank you
very much".
Transcript Respectfully Submitted By:
Andrea Lorenzo-Luaces
City Clerk