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HomeMy WebLinkAbout_1997 08 11 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION AUGUST 11, 1997 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present Attorney Bob Guthrie COMMISSIONERS: Larry Conniff, present Michael Blake, present John Langellotti, present Cindy Gennell, present AGENDA CHANGES: Mayor Partyka stated that Regular Agenda Items ''f' and "K" will be moved to the front of the Regular Agenda. Approval of Minutes of July 14, 1997: Commissioner Blake noted that on page 8, the reappointment of Walt Dittmer to the Commerce Board, there is no vote listed in the minutes. Motion was made by Commissioner Blake to approve the minutes of July 14, 1997, subject to the amendment just mentioned. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Vote on the motion: Motion was made by Commissioner Blake to reappoint Walt Dittmer to the Commerce Board. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Manager McLemore introduced Attorney Bob Guthrie, a new associate with Attorney Kruppenbacher's office and stated Attorney Guthrie will be working with the City. Approval of Minutes of July 28. 1997: Commissioner Blake noted that on page 2, a motion was made and there were only three Commissioners present, a vote was taken, and there were two ayes and one nay; it says in the minutes that the motion does not pass and asked Attorney Guthrie that when there is a quorum, is it required to have three votes affirmative to pass something. Attorney Guthrie stated that State law says that a majority of a quorum can approve something, but the Winter Springs City Charter states it takes the votes of three members to take an affirmative action, so in this situation, the City Charter is more detailed and would prevail in this situation. Commissioner Blake said on page 5, a motion to adopt Ordinance 670, again the vote is not listed. The vote on the motion: Motion was made by Commissioner Blake to adopt Ord. 670. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Motion passes. Regular Meeting City Commission August 11. 1997 96-97-20 Page 2 Commissioner Blake said on page 7, Item N, said he specifically requested that it be placed on the record that tabling of that issue did not waive any rights of this Commission to visit that issue and it is not mentioned in the minutes. That being: "Commissioner Blake stated that he would like to request that the City Attorney convey his complete explanation to this Commission in writing, also stating that by us (Commission) tabling this Veto this evening and not acting on it that this Commission has not given up any right to vote and overturn this Veto at the next regularly scheduled meeting." Motion was made by Commissioner Blake, subject to the two specific changes just mentioned, approve the minutes of July 28,1997. Mayor Partyka asked about who made the motion for the reappointment of Art Hoffmann. Commissioner Blake and Langellotti stated that Commissioner Langellotti made the motion. Seconded by Commissioner Conniff. Discussion. Commissioner McLeod stated that Commissioner Blake asked that it be put in writing by the City Attorney regarding the tabling of that motion and also the fact that it did take a 4/5's of all Commissioners to vote against a veto, and we have received back in writing from the City Attorney, that in writing. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Connnff: aye. Motion passes. Manager McLemore introduced John Drago, serving as Administrative Assistant to the City Manager and also introduced Michelle Adams, the City's new Manager of Accounting. Mayor Partyka presented Adam Umak a Proclamation recognizing Adam for achieving the rank of Eagle Scout. Mayor's Office 1. Resolution No. 825 - Expressing appreciation to Robert Amato for his service on the Code Enforcement Board' Motion was made by Commissioner Conniff to approve Resolution No. 825. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Mayor's Office K. Resolution No. 826 - Expressing appreciation to Charles Holzman for his service on the Code Enforcement Board: Motion was made by Commissioner Conniff to approve Resolution No. 826. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Mayor Partyka mentioned that the Resolutions will be presented to Mr. Amato and Mr. Holzman at the next Commission meeting. PUBLIC INPUT Harold Scott, 911 Augusta National Blvd., spoke regarding Commissioner Gennell opposing the Regular Meeting City Commission August 11. 1997 96-97-20 Page 3 reappointment of Art Hoffmann to the Planning and Zoning Board. George Seely, 211 Birch Terrace, spoke regarding school buses speeding on State Road 434. Police Chief Kerr said that the Department will monitor the issue and charges will be made on violations. Ed Martinez, 802 Leopard Trail, President of the Tuscawilla Homeowners Association, asked to get a response from the City Manager regarding the Tuskawilla PUD and commercial traffic. Mr. Martinez also spoke about the Tuskawilla Country Club issue. Nathan Hamler, 664 Tuscora Drive, spoke regarding a potential petition from skateboarders wanting the City to build a one acre skate park. Mayor Partyka recommended that Mr. Hamler speak with the Parks and Recreation Director. CONSENT AGENDA Land Development Division A. Requesting Commission approval for the recordation of the plat and supplemental covenants, and for the acceptance of the water, sewer, and reclaimed water system for public ownership, Howell Creek Reserve Phase Three subdivision. PURPOSE: to approve recordation of the plat and supplemental covenants, and to accept the water, sewer and reclaimed water system for public ownership and maintenance. The plat and supplemental covenants to be recorded, and the improvements to be accepted are located in the Howell Creek Reserve Phase Three subdivision, located north of the abandoned CSX right-of-way, east of Howell Creek and west of Vistawilla Drive in the Tuscawilla Planned Unit Development: Motion was made by Commissioner Conniff to approve the Consent Agenda. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner BDake: aye; Commissioner Langellotti: aye. Motion passes. INFORMA TIONAL AGENDA Parks and Recreation Department A. The Seminole County Planning Department requests permission to present to the City Commission a report on development progress to date and plans for construction of the Pilot Program of the Cross SeminolelFlorida National Scenic Trail through Winter Springs. PURPOSE: to rqx>rt to the Commission from time to time the plans and progress for construction of this trail: Chris Bowley, from Seminole County and Forest Michael, Trail Consultant, displayed maps and gave a presentation of the Seminole County trail. Land Development Coordinator B. Presenting to the Commission for informational purposes, and requesting the authorization to expend approximately $16,000.00 of the City's allocated $35,600.75 from the 1997-97 Recycling & Education Grant Funds. PURPOSE: to inform the Commission that the City has received permission from the Florida Department of Environmental Protection to expend approximately $16,000.00 of allocated grant funds for the purchase of wheel stops made up of a minimum 96% post-consumer and/or post-industrial recycled plastics. Regular Meeting City Commission August 1 L 1997 96-97-20 Pa.ge 4 Land Development - ADD-ON C. Presenting to the Commission for informational purposes, the purpose of purchasing approximately $11,800.00 of the City's allocated $35,600.75 from the 1996-97 Recycling & Education Grant Funds for playground equipment. PURPOSE: to inform the Commission that the City has received verbal permission from the Florida Department of Environmental Protection to expend approximately $11,800.00 of allocated grant funds for the purchase of playground equipment constructed of recycled materials. This is in addition to that presented in Informational Agenda Item "B" on this agenda: Motion was made by Commissioner Conniff to approve the Informational Agenda. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Motion passes. REGULAR AGENDA Fire Department A. Requesting the Commission conduct a Public Hearing and approve the Second Reading for adoption of Ordinance No. 673, concerning the fee charges for the City's emergency medical patient transport service. PURPOSE: to request that the Commission conduct a Public Hearing and approve the Second Reading for adoption of Ordinance No. 673 amending the fee charges that were approved with Ordinance No. 608, establishing new fees, and providing for future fee changes by Resolution of the City's emergency medical patient transport service, providing for conflicts, severability and effective date: Attorney Kruppenbacher read Ord. 673 by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Mayor Partyka asked if anyone wished to speak on this Ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Blake to adopt Ordinance No. 673 for fee charges of the City's emergency medical patient transport service. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion carried. Community Development Department B. Requests the Commission hold a Public Hearing to approve the Second Reading and adoption of Ordinance No. 667, to annex a 1.37 acre parcel located approximately 160 feet east of Wade Street, on the north side of State Road 434. PURPOSE: to request the Commission approve the Second Reading and adoption of Ordinance No. 667 to annex a 1.37 acre parcel: Attorney Kruppenbacher read Ord. 667 by title only. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Mayor Partyka asked if anyone wished to speak on this ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Conniff to approve the adoption of Ordinance 667. Regular Meeting City Commission August 11 , 1997 96-97-20 Page 5 Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. Community Development Department C. Requests the Commission hold a Public Hearing to approve the Second Reading and adoption of Ordnance No. 668 to change the future land use designation of a 1.37 acre parcel located on the north side of State Road 434, 160 feet east of the intersection of State Road 434 and Wade Street from County designation of "Suburban Estates (IDU/acre) to the City's designation of "Commercial". PURPOSE: to request the Commission approve the Second Reading and hold a Public Hearing on Ordinance No. 668, to change the future land use designation of a 1.37 acre parcel in the County enclave located on the north side of S.R. 434 160 feet east of the intersection of S.R. 434 and Wade Street from County designation of "Suburban Estates (1 DU/acre) to the City's designation of "Commercial": Attorney Kruppenbacher read Ord. 668 by title only on second reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Mayor Partyka asked if anyone wished to speak on this ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Langellotti to approve Ordinance 668. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Community Development Department D. Requests the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 669, to change the zoning designation of a 1.37 acre parcel located on the north side of State Rod 434 approximately 160 feet east of Wade Street. PURPOSE: to request the Commission hold a Public Hearing and Second Reading for adoption of Ordinance No. 669 to change the zoning designation of a 1.37 acre parcel from County designation A-I "Agriculture" to City designation C-l "Neighborhood Commercial" on the City's Official Zoning Map: Attorney Kruppenbacher read Ordinance 669 by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Mayor Partyka asked if anyone wished to speak on this ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Conniff to approve Ordinance 669. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner McLeod: aye; Commission Gennell: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. Community Development Department E. Requests the Commission hold a Public Hearing to approve the second reading and adoption of Ordinance No. 672, creating a "Redevelopment Area" Overlay Zoning District, and to direct Staff Regular Meeting City Commission August 1 L 1997 96-97-20 Page 6 to develop a Comprehensive Plan amendment and zoning change that would be in accordance with Redevelopment Area Design Guidelines for the State Rod 434 Corridor Vision Plan. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 672 creating a "Redevelopment Area" Overlay Zoning District that would include the properties adjacent to the State Road 434 right-of-way from U.S. 17/92 eastward to Hayes Road. Also, request is made for the Commission to direct Staff to (1) prepare a Comprehensive Plan amendment, and (2) prepare a zoning change that would be in accordance with the "Redevelopment Area" Design Guidelines for the S.R. 434 Corridor Vision Plan: Attorney Kruppenbacher read Ord. 672 by title only on second reading. Tom Grimms, Community Development, stated that the design guidelines for the redevelopment area will go to the Planning and Zoning Board for their review and recommendation to the Commission. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Missy Casscells, 907 Old England Avenue, Winter Park, spoke on this item. Motion was made by Commissioner Conniff to adopt Ord. 672. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Motion passes. Utility Department F. Requesting clarification of the policy relating to customer notification on reclaimed water service availability. PURPOSE: to request clarification of the policy of the Commission relating to customer notification on reclaimed water service availability prior to and during construction of reclaimed water distribution retrofit proiects: Kip Lockcuff, Utility/Public Works Director, gave his presentation. Motion was made by Commissioner Conniff to approve the Utility Director's recommendation of alternative #3. Seconded by Commissioner Langellotti. Discussion. Commissioner Blake asked about the installation of the reclaimed water system. Mr. Lockcuff explained the process. Discussion. Commissioner Gennell asked what was the difference in cost between Alternative 2 and 3. Mr. Lockcuff said it depends on the first response rate. Commissioner Gennell asked how many days would the property owners have, under alternative #3, to respond before it is considered the time period has passed for responses. Mr. Lockcuff said typically it is until the end of construction. Discussion. Commissioner McLeod asked for clarification with regards to alternative #3 - Commissioner McLeod said it is his understanding that first the City will notify the customer and then if the Regular Meeting City Commission August 1 L 1997 96-97-20 Pa,ge 7 customer has not responded in 60 days, the City will then notify the proper property owner (if that happens to be a rental unit). Mr. Lockcuff said the notification will be for the non-respondents. Commissioner McLeod then asked, for the property owners that did not receive notification of the reclaimed water service, due to their properties being rented during the previous projects~ would we then refund the $150 service~ Commissioner McLeod asked if there should be a time frame, because someone could come back in two years and said they never received notice. Discussion. Commissioner McLeod said he feels there should be a time frame or a property address tied to this, for alternative #3. Commissioner McLeod said he feels there should be a 120 day time period. Discussion. Commissioner Blake asked if the discussion was regarding property owners who did not receive notification of previous projects and said that number totals 11. Mr. Lockcuff stated yes. Commissioner ConnitT called the motion as amended: Motion approving the Utility Director's recommendation of Alternative #3 and adding a 120 day time frame period(Commissioner Langellotti, (who seconded the motion) agreed to amend his second). Vote to call the amended motion: Commissioner Blake: aye; . Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: aye; Commissioner ConnitT: aye. Motion passes to vote on the motion. Vote on the motion: to approve the Utility Director's recommendation of alternative #3 adding a 120 day time frame period. Vote: Commissioner ConnitT: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Gennell: aye. Motion passes. Mayor Partyka recognized Matthew Guglimello, sitting in on the Commission meeting, working on his communication merit badge for boy scouts. Utility Department G. Requesting approval of Resolution No. 828 Authorizing the creation of a zone for a water line extension on Old Sanford/Oviedo Road. PURPOSE: to request approval of Resolution No. 828 proposing the creation of a zone for recovering costs associated with the extension of the City's water system on Old Sanford/Oviedo Road which includes unincorporated areas of Seminole County: Kip Lockcuff, UtilitylPublic Works Director, gave his presentation. Commissioner Blake asked about the properties D through I and M, and said it appears those properties are not in the City. Mr. Lockcuff said that is correct. Commissioner Blake said if they are not in the City, why do we want to give them water and sewer, when in the normal course of business, we utilize our substantial water and sewer capabilities as one of the true benefits of becoming part of our city. Mr. Lockcuff said this is only for water, and the purpose is to have them share in the cost, rather than have them stay in the County and have the water line go in front of them (for fire protection) and not have to pay anything~ so we are trying to go through an assessment process so that everyone has their fair share. Discussion. Mr. Lockcuff stated that the cost is not Regular Meeting City Commission August 11. 1997 96-97-20 Page 8 connection fees, it is strictly construction costs, there will be an additional connection fee that they would have to pay. Attorney Kruppenbacher said they would not be authorized to connect to the City's system without paying the appropriate fee that spreads the construction costs across all of them. Attorney Kruppenbacher said the Commission could make a condition of connection with annexation. Commissioner Blake said he does not have a problem with going forward with this if the City is collecting the fees, but before anybody can connect, he absolutely wants to see in this, a requirement that they (property owners) have to annex the property into the City. Attorney Kruppenbacher said this process contemplates you doing this, under Chapter 180 and then we have to come back to the Commission with an Ordinance, and the requirement of annexation can be built into that next process. Motion was made by Commissioner Blake to approve Resolution 828 subject to the amendments that were discussed. (Fire protection and annexation of properties not in city to be included in Ordinance) Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner ConnitT: aye; Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye. Motion passes. Mayor Partyka called a recess at 8:05 p.m. Mayor Partyka reconvened the Regular Meeting at 8: 15 p.m. City Manager H. Requesting the Commission address the Mayor's veto of July 21, 1997, regarding Telecommunications Tower Ordinance No. 645. PURPOSE: to have the Commission address the Mayor's veto of the Telecommunications Tower Ordinance No. 645: Mayor Partyka read a letter addressed to the Commission (by the Mayor) regarding his reasons for Vetoing Ordinance 645. "....(1) They (towers) should have a minimal impact on our visual environmental quality of life. (2) They (towers) should provide the communication needs for our citizens. (3) We should make informed decisions based on good factual and creditable data. Mayor Partyka stated that the Commission needs to answer all three statements positively to pass a sound ordinance and all other considerations are secondary..." Attorney Kruppenbacher said if there is a motion to pass this ordinance, there needs to be a 4/5's vote to pass the motion. Motion was made by Commissioner Blake that this Commission votes to adopt again Ordinance 645, the communications tower ordinance, that when originally brought to this Commission, back in January of this year, in its original form, had a motion and a second on the floor, at which time he (Blake) asked that it be retracted because the original ordinance would allow (by his calculations) an excess of 40 towers in the City; after going through workshops where the Mayor has had an opportunity to have input on this ordinance and chose more to hurry up for adjournment, he believes that the mayor had more than ample time to research each of these issues and have input on the finished product, as this Commission previously passed, subject of course to the Mayor's pending veto; and this is the Regular Meeting City Commission August 11. 1997 96-97-20 pa,ge 9 motion, in hopes that the realization that this is certainly not a perfect ordinance but with hours and hours of work, this is the best we have to this point in time and it obviously a living document and he is certain the Commission will work to make it even better in the future. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner ConnitT: nay; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: nay; Commissioner Blake: aye. Motion dies. VETO STANDS. Discussion. Attorney Kruppenbacher mentioned a workshop to review another telecommunication ordinance. Mayor Partyka said he is looking for specific information which says, what are the ranges on the distances that is needed, what is specific possibilities for our City~ what is the projected usage. Discussion. Attorney Kruppenbacher asked if the City Manager and the City's legal team can have the Commissions authority, between now and the next meeting, come back to the Commission with an ordinance that deals with the issues as best as they can, and they will tell the Commission based on what they come up with, here are the recommendations. Attorney Kruppenbacher said he is not representing to the Commission that they will be giving the Commission the ordinance in written form for first reading until that Monday or that Friday before, they will look to see what data they can get, it may be that they come back in two weeks and say here is an ordinance and they recommend that the Commission pass it, it may not be perfect but in order for the Commission to get to what is perfect, they may say to hire an expert in telecommunications firm to get to the next level, but they will give the Commission the best they can do. Discussion. This item will be brought back at the next Commission meeting. Building Department I. Requesting Commission approval of First Reading of Ordinance No. 674, amending Section 10- 29 of the Winter Springs Code of Ordinances. PURPOSE: to request Commission approval to adopt an ordinance using the format for occupational license taxes developed as a result of the 1995 Equity Study Commission's recommendations and to modify the tax rate schedule: Motion was made by Commissioner ConnitT to read Ordinance No. 674 by title only on First Reading. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: nay; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner ConnitT: aye. Motion dies. (Motion to read by title only needs to be unanimous). Attorney Kruppenbacher and Attorney Guthrie read Ordinance No. 674 in its entirety. Commissioner Gennell mentioned that Adult Entertainment, video rentals, liquor stores and scrub parlors, were not addressed in the Ordinance. Discussion. These will be addressed in the Ordinance. Commissioner McLeod asked about the difference in contractors with a number of vehicles vs. service business with vehicles. Don Houck, Building Official, explained that it pertains to businesses that are located in the City. Commissioner Blake asked if it was possible to have a category for businesses that are not Regular Meeting City Commission August 11 , 1997 96-97-20 Page 10 mentioned. Attorney Guthrie stated there is a section for that. Commissioner Blake asked about solicitors permits, in regards to having a background check and the cost for the background check. It was stated that the cost to the City for a background check is $35.00. Commissioner Blake said that the charge for the solicitor permit is only $25.00 and said he would like to see that go up to $100.00. Mr. Houck said the City is limited to a 5% increase each time the prices are visited,( every two years) and said since the equity study (which was the time the price could have gone up to 20(010) but not we are limited to 5%. Commissioner Blake asked if the fee could be raised to $27.50 which includes the 5%, and then charge an additional criminal background fee of actual cost. Mayor's Office L. Resolution no. 827 - Expressing appreciation to Art Hoffmann for his service on the Planning and Zoning BoardlLocal Planning Agency' Mayor Partyka suggested this item be tabled, as Mr. Hoffmann's name may be brought up for appointment to the P&Z Board. VI. REPORTS A. City Attorney - Frank Kruppenbacher' Attorney Kruppenbacher formally introduced Bob Guthrie, and stated that Attorney Guthrie will be working with him. B. City Manager - Ronald W. McLemore: Manager McLemore stated that he will be ready to talk to the Commission about the retirement issue and asked if the Commission would like to handle this in a meeting or set a workshop to deal with the issue. Manager McLemore said he could meet with each Commissioner one-on-one and go over the provisions. Discussion. It was the consensus of the Commission to meet with the Manager one- on-one. Manager McLemore asked for the Commissions authority to inform the City of Casselberry, that based on our discussions with them, to send them a letter stating that it was the City of Winter Springs' intend to assert our rights in this issue and asked for the Commission's authority to work with the Attorneys to put that together. Discussion. It was the consensus of the Commission to authorize the City Manager to write a letter to the City of Casselberry and to "cc" their Mayor and Commission. C. Commission Seat V - David McLeod: Appointment to Board of Trustees: Commissioner McLeod stated that he has not been able to get an appointment to the Board of Trustees and asked the Commission if they may know of anyone who would like to serve on the Board and if so, to please give their input to the City Manager. D. Commission Seat I - Larry Conniff: Commissioner Conniff said he presented the Certificate of Appreciation to the St. Claire's Shore's Council and was informed by them that 500 Cities throughout the world, including China and Japan, have responded to the Parental Responsibility Ordinance~ it has been challenged and it withstood the challenge in their Courts~ they thanked us and said they would probably have a formal delegation Regular Meeting City Commission August 11. 1997 96-97-20 Page 11 come down around January or February to make a thank you presentation. E. Commission Seat II - Michael Blake: No Report. F. Commission Seat ill - John Langellotti: Appointment/Reappointment to the Planning and Zoning Board Commissioner Langellotti moved that Art RotTmann be reappointed to the Planning and Zoning Board. Commissioner Gennell stated that that is out of order, that has already been done and hailed. Discussion. Attorney Guthrie said the vote can be brought up, and it should come from the majority that acted. Attorney Guthrie said it can come up because in effect it wasn't acted on. Commissioner Gennell said the prevailing person in that vote, was herself. Discussion. Attorney Guthrie said Robert's Rules of Order does not address that, and said he thinks this, in effect, was no action and said he doesn't think it was effectively acted on, so he doesn't think it was either rejected or accepted and said he thinks it can come back. Discussion. Mayor Partyka said Art Hoffmann's name cannot be brought up at this point unless Commissioner Gennell wished to bring it up as she was the prevailing vote. G. Commission Seat IV - Cindy Gennell: Commissioner Gennell said she has noticed some of the existing buildings along the re-development area that have no landscaping and they just add to the overall deteriorated appearance of that end of the City and said she has asked the City Manager if Staff can look at some of the older buildings that have fallen into non-compliance of our Code and to see that they start complying~ to revisit the site plan and see what was agreed to do when the project was approved such as plant trees, shrubs, etc. Commissioner Gennell asked about the R. U. O.K. program, and asked if it would be appropriate to put a notice on the water bills telling that the service is available. Commissioner Gennell stated that in the new Florida League of Cities Directory, the time for the City's meeting is not correct, it states 7:30 and the meeting time is 6:30. Commissioner Gennell said in regards to the Veto on the telecommunication tower ordinance, and said she would have been more comfortable passing an ordinance and amending it in the near immediate future than having the City "wide open" like we are now. And stated that she hopes in the future, a little extra thought goes into a Veto, as to how important or unimportant the item might be. H. Mayor's Office - Paul P. Partyka: Mayor Partyka said he received a memo from the Winter Springs Civic Association, asking for a donation of $1,000 to help off set some expenses for the Holiday Parade. Discussion. It was the Regular Meeting City Commission August 11. 1997 96-97-20 Page 12 consensus of the Commission to donate $1,000 to the Civic Association to help off set expenses for the Holiday Parade. Mayor Partyka said he received from the Winter Springs High School, requesting the City place a full page ad in their year book. Mayor Partyka stated that ad costs $175.00 and stated he would like to place the ad showing support from the City Commission. The Commission were in agreement. Commissioner McLeod stated that he has given the Attorney and City Manager his objections regarding the ordinance, to not prolong it, but in order to expedite them getting together to work something out. The meeting adjourned at 10:00 p.m. Respectfully Submitted, ~';t.~ Margo M. Hopkins, City Clerk APPROVED: