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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. .:..:. '. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER 11, 1999 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER II, 1999 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). MINUTES CITY OF WINTER SPRINGS 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION 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, MINUTES CITY OF WINTER SPRINGS CITY COMMISSION 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION 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". MINUTES CITY OF WINTER SPRINGS CITY COMMISSION 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION 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; MINUTES CITY OF WINTER SPRINGS CITY COMMISSION 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". MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER II, 1999 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: MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER II, 1999 Page 13 of 18 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. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER II. 1999 Page 14 of 18 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 -------. AI L. P. Whitc 45 S. Edgemon Avc. 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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 TRANSCRIPT ADDITION TOTHE OCTOBER 11, 1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER II, 1999 REGULAR MEETING MINUTES PAGE 7 OF 15 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". CITY OF WINTER SPRINGS TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER II, 1999 REGULAR MEETING MINUTES PAGE 8 OF 15 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". CITY OF WINTER SPRINGS TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER II, 1999 REGULAR MEETING MINUTES PAGE90FIS 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 CITY OF WINTER SPRINGS TRANSCRIPT ADDITION TO THE OCTOBER I I, 1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER I 1,1999 REGULAR MEETING MINUTES PAGE 10 OF 15 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"? CITY OF WINTER SPRINGS TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER 11. 1999 REGULAR MEETING MINUTES PAGE 11 OF 15 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". CITY OF WINTER SPRINGS TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER II. 1999 REGULAR MEETING MINUTES PAGE 12 OF 15 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". CITY OF WINTER SPRINGS TRANSCRIPT ADDITION TOTHE OCTOBER II, 1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER II, 1999 REGULAR MEETING MINUTES PAGE 13 OF 15 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". CITY OF WINTER SPRINGS TRANSCRIPT ADDITION TO THE OCTOBER II, 1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER II, 1999 REGULAR MEETING MINUTES PAGE 14 OF 15 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"? CITY OF WINTER SPRINGS TRANSCRIPT ADDITION TO THE OCTOBER 11.1999 REGULAR MEETING MINUTES CITY COMMISSION OCTOBER II. 1999 REGULAR MEETING MINUTES PAGE 15 OF 15 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