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HomeMy WebLinkAbout2000 10 30 City Commission Special Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 30, 2000 (CONTINUATION OF THE OCTOBER 23,2000 REGULAR MEETING) I. CALL TO ORDER The Special Meeting of October 30, 2000 (Continuation of the October 23,2000 Regular Meeting) of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present VI. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated that he had recently attended a Planning and Zoning Board/Local Planning Agency Meeting, and the Board had asked if a Workshop between this Board and the City Commission could be held, dealing with annexation. Regarding a request by the Commission for the City Attorney to research the approval of the Mikes Settlement Agreement. Mr. Garganese added that it had been approved at a Public Meeting. Mayor Partyka inquired about another issue that a resident, Ms. Terry Scarlata had inquired about, dealing with Staff Members and the Sunshine Law. Attorney Garganese said he would look into this particular inquiry. REPORTS B. City Manager - Ronald W. McLemore No report. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA TION OF THE OCTOBER 23, 2000 REGULAR MEETING) PAGE 2 OF 12 REPORTS C. City Clerk - Andrea Lorenzo-Luaces The City Clerk asked if the Commission would be interested in purchasing some note cards, with either the City's name and/or seal on them. With discussion by the Commission, Mayor Partyka summarized that "So nothing under the City's standpoint, and if a Commissioner wants to use it, they can get it on their own expense report." The City Clerk also inquired if a time could be arranged to have photographs of members of the Commission and the City Manager taken for the City's Web Site? It was suggested that individual photographs could be scanned in, and Commissioner McLeod agreed with Deputy Mayor Gennell and suggested, "Have them available at the next meeting, and take photos, and be done with it." Commissioner McLeod added, "I would suggest one thing though, as I do think it is important, because we haven't done this - I think what you should have is your seated Commission, and Mayor perhaps posted over on this other wall, so that the people know - and perhaps the City Manager and City Attorney." Commissioner Miller commented that, "It may be appropriate to delay the photograph until November the 8th." Mayor Partyka added, "We should have photos of the Commissioners up there, and the Mayor and group shots and individuals - and I think it's nice also to put Staff together and I think it's a nice touch." REPORTS D. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez stated, "For the record, I don't know where the gold is hidden here in Winter Springs, but there have been low-level gutter type politics taking place in this City; and I for one wish that somehow it would end." Commissioner Martinez also mentioned numerous political SIgnS of his have been removed from private property. REPORTS E. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell commented that in regards to comments made that 'Deputy Mayor Gennell was removing political signs', Deputy Mayor Gennell stated, "I would appreciate it ifpeople quit making unsubstantiated allegations against me." CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUATION OF THE OCTOBER 23, 2000 REGULAR MEETING) PAGE 3 OF 12 Deputy Mayor Gennell also asked that some kind of a central location be agreed upon for signs that are picked up by City staff members. Mayor Partyka clarified, "We've given instructions to the City Manager to basically tell Public Works, or whomever - to just hold them." Manager McLemore said that he would check on space at City Hall where these signs could be held, for 24 hours. Deputy Mayor Gennell announced that "The much anticipated and long awaited Shepard Road sidewalk (71.2 feet) is currently being installed." Deputy Mayor Gennell also reminded everyone that there is a Council of Local Governments in Seminole County (CALNO) Meeting at the City of Lake Mary, on Wednesday. REPORTS F. Commission Seat V - David W. McLeod No report. REPORTS G. Commission Seat I - Robert S. Miller No report. REPORTS H. Commission Seat II - Michael S. Blake Commissioner Blake inquired if the City needed a City Canvassing Board. City Clerk Lorenzo-Luaces answered that Seminole County was handling this and all other aspects of the Election. Commissioner Blake also inquired about considering an "Audit of our franchise fee receipts?" Manager McLemore said that this is currently in progress. Deputy Mayor Gennell asked that Attorney Garganese further investigate the City's Charter and any requirements that we name a City Canvassing Board. REPORTS I. Office of the Mayor - Paul P. Partyka Mayor Partyka asked for a Status report on the Fire Department Contract. Manager McLemore stated that "We've been waiting for them to take a vote inside on our contract. " CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA TION OF THE OCTOBER 23, 2000 REGULAR MEETING) PAGE 4 OF 12 VII. REGULAR REGULAR A. Commissioner Cindy Gennell Requesting The Commission To Discuss Issue Related To City Elected Officials Becoming Involved In Real Estate Transactions Within The City. Discussion. Tape I/Side B Commissioner Miller suggested "Maybe we should request an Opinion from the Ethics Committee on the legality of putting business cards in your mailings." Discussion. Mayor Partyka summarized, "City Manager, this Commission asked for an Opinion on how does one use City business cards; what's appropriate; what's not appropriate; legal or illegal." Mayor Partyka concluded by saying, "The City Attorney has been directed by this Commission." REGULAR B. Fire Department Requesting Authorization For The City Manager To Negotiate An Agreement To Allow The Fire Department To Provide Medical Transport From An Emergency Room To A Hospital Affiliated With The Emergency Room At No Additional Charge Beyond The Initial Transport. Discussion. "I'D LIKE TO MAKE A MOTION THAT WE TABLE THIS ITEM UNTIL WE GET CLARIFICATION FROM THE PARTIES THAT ARE GOING TO TAKE PLACE IN THIS AGREEMENT AND OUR OWN FIRE DEPARTMENT." MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER MARTINEZ THEN STATED THAT "IF YOU WANT, I WILL WITHDRAW MY MOTION UNTIL EVERYONE HAS SPOKEN." Discussion. "MOTION TO T ABLE THIS BECAUSE WE NEED FURTHER CLARIFICATION OF THIS ISSUE AND TO BRING IT BACK US AT A LATER DATE FOR A FORMAL DECISION." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUATION OF THE OCTOBER 23, 2000 REGULAR MEETING) PAGE 5 OF 12 VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTYMAYORGENNELL: NAY COMMISSIONER MILLER: AYE MOTION DID NOT CARRY. "MAYOR I WOULD LIKE TO MAKE A MOTION THAT WE SEND IT TO THE CITY MANAGER FOR FURTHER RESEARCH, AND GIVE HIM THE ABILITY TO GET THE INFORMATION HE NEEDS TO BRING IT BACK TO US." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR C. City Manager Requesting That The City Commission Of The City Of Winter Springs Consider Endorsing The Recent Nomination Of City Of Oviedo Council Member, The Honorable Tom O'Hanlon; And The Re-Nomination Of The Honorable Whitey Eckstein Of The City Of Sanford, To The Seminole County Expressway Authority (SCEA). Discussion. "I WOULD LIKE TO NOMINATE COMMISSIONER DAVE McLEOD TO OCCUpy THIS POSITION." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. Commissioner McLeod declined the nomination. "I WOULD RECOMMEND NOMINATING COMMISSIONER CINDY GENNELL. MOTION BY COMMISSIONER McLEOD. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA TION OF THE OCTOBER 23. 2000 REGULAR MEETING) PAGE 6 OF 12 DEPUTY MAYOR GENNELL SAID THAT SHE WOULD MOST LIKELY DECLINE THE NOMINATION, AND THEN STATED, "I MOVE THAT WE DO CONFIRM THE NOMINATION OF WHITEY ECKSTEIN FROM SANFORD." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. "I WOULD BE WILLING TO NOMINATE THE MAYOR TO SERVE ON THIS COMMITTEE." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Deputy Mayor Gennell explained, "That's the nomination to CALNO, that makes the recommendations to the County Commission." REGULAR D. Community Development Department - Land Development Division Presents To The Commission For Their Action The Recommendation To Accept The Improvements For Golfside Villas And To Approve The Recordation Of The Covenants For This Project, With The Stipulation That A Performance Bond For The Stormwater Conveyance Pipe From Island Lake To Lake Audubon Located On The Winter Springs Golf Course Be Provided. (A Special Meeting Was Duly Advertised And Held On October 25, 2000 To Handle This Agenda Item, Therefore, No Further Action Is Required For This Agenda Item). No action was required or needed. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA TION OF THE OCTOBER 23,2000 REGULAR MEETING) PAGE 7 OF 12 REGULAR E. Mayor Paul P. Partyka Requesting Two Items To Be Placed On The Agenda For Discussion. Tape 2/Side A Discussion on the City Manager's Contract, regarding the severance clause. Attorney Garganese said that he could have an Opinion on this in "Less than a month." Deputy Mayor Gennell added, "We will most definitely have the City Attorneys' Opinion by the time the Charter Review process reaches us." Manager McLemore stated, "I think you would be well served to let your Attorney do a good extensive job. Even if you went to Declaratory Judgement, I think it becomes very helpful to the Court, to see a nice piece of work put in front of them, for consideration. And, obviously I would like to see the results of that too." The consensus of the Commission was to have the City Attorney work on this issue. The second issue dealt with the Grizzley spray fields. Commissioner McLeod stated, "I would ask the City Manager to please, start bringing some recommendations back to us - let's not let it be an eleventh hour decision that we have to make." Manager McLemore said that they would come back with a report on 2ih of November. Commissioner Miller then stated, "Just for the record, I do recall us going through this to a great extent, with hearings and hearings and hearings and I also recall representatives from the Highlands being here and making a comment to us that 'Yes, they basically had no problem with it, of course they had to get the approval of the Board. A lot of people seem to have forgotten that and this is not a half-baked issue that we just decided we're going to send all the people over there, and we're not going to tell them about it. I believe there was a breakdown in several areas, and one of them may have been within the Highlands itself, regrettably. That doesn't change the issue - I don't think we should go back there next year." Commissioner Miller then stated, "We should make a Resolution that we're not going to put anything in the perc pond on Shepard Road, for the next two (2) to three (3) years, or we will not consider putting anything in there, that would involve an imposition on the neighborhood, of any type." CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA TION OF THE OCTOBER 23, 2000 REGULAR MEETING) PAGE 8 OF 12 Commissioner Miller stated, "I'd like to see a Motion made - either tonight or the next meeting that will not use the Shepard Road facility for anything but what its been designated for at this time." Commissioner Martinez stated, "I would like to state for the record that I have heard from our own Staff, that the perc ponds still collect sewage disposal, when there is an overflow in the area, due to heavy rains. If that is the case Ladies and Gentlemen, I oppose any further sports practices in that perc pond, for the safety, and health, and welfare of our children." Discussion ensued on this matter and Manager McLemore clarified that the use of those fields "Is a place for storage of excess recycled water or retreated water." Manager McLemore added, "There are no safety issues involved in that." Commissioner McLeod suggested, "I do think that we should definitely get with County - School Board and be able to try to negotiate a way for the use of those fields, until which time or that property until which time they get ready to build on that property." Commissioner McLeod added, "It seems to me it sure would be a benefit to the City to lease the property from the County, to go ahead and use it for recreational purposes. The only problem I see is the - egress of the properties between the two junk yards." "I'D LIKE TO MAKE A MOTION THAT THE CITY COMMISSION APPROVE A MOTION TO DEDICATE THE PERC POND ON SHEPARD ROAD TO ITS CURRENTLY DESIGNATED USE FOR THE NEXT THREE YEARS, THAT BEING USED AS A SPRAY FIELD AND THAT IF AT SOME POINT, WELL THAT WOULD BE THE MOTION." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. Commissioner McLeod stated, "We're at the end of the play. It's over with. I think we wait until we hear from our Staff, here in November, regarding what their next years needs are, and at that time, then we decide what we have to do. And I've got a pretty good feeling that the spray fields are not going to be part of that need, but I think Staff needs to look at everything, and come back to us with what needs to be done." COMMISSIONER MILLER STATED, "I'D LIKE TO REINTRODUCE A MOTION THAT WE NOT USE THAT FACILITY FOR ANYTHING BUT WHAT IT WAS DESIGNED TO BE USED FOR, FOR THE NEXT THREE (3) YEARS. AFTER THAT, IF WE NEED TO RESTUDY THE ISSUE, WE CAN, BUT I THINK THIS WILL EXPRESS THIS BODY'S COMMITMENT, THAT WE REALLY DO INTEND TO LOOK ELSEWHERE AND, EVEN IF WE CAN'T FIND ANYTHING ELSEWHERE, I DON'T THINK WE HAVE ANY RIGHT TO GO BACK TO THAT FACILITY FOR THE NEXT THREE (3) YEARS. THAT'S MY MOTION." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA TION OF THE OCTOBER 23,2000 REGULAR MEETING) PAGE 9 OF 12 "I'LL AMEND THE MOTION TO ELIMINATE THE TIME LIMIT SPECIFIED BY COMMISSIONER MILLER, TO AN OPEN ENDED TIME PERIOD." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Tape 2/Side B "I WOULD LIKE TO AMEND THE MOTION TO DELETE THE PART ABOUT THE THREE (3) YEARS, AND JUST SAY THAT THE PERC PONDS WILL BE USED FOR THEIR INTENDED PURPOSE, WHICH IS PART OF HIS MOTION, UNLESS OTHER ARRANGEMENTS ARE MADE THROUGH EXTENSIVE COMMUNITY INPUT AND MUTUAL CONSENT." AMENDMENT BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR GENNELL ASKED THE CITY MANAGER, "DO YOU HAVE A SUGGESTED WORD SUBSTITUTE FOR 'MUTUAL AGREEMENT' THAT WOULD SATISFY THEIR CONCERNS. MANAGER McLEMORE STATED, "EXTENSIVE INPUT AND PARTICIPATION OF THE NEIGHBORHOOD." DEPUTY MAYOR GENNELL THEN SAID, "I'LL CONCEDE TO THAT." COMMISSIONER MARTINEZ THEN STATED, "AND I SECOND THAT MOTION." VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: AYE MOTION CARRIED. COMMISSIONER McLEOD STATED THAT HE'D "LIKE TO MAKE AN AMENDMENT TO THE MOTION, THAT ALL OTHER SPRAY FIELDS IN OUR NEIGHBORHOODS ALSO BE TAKEN INTO CONSIDERATION, ON THIS AMENDMENT." SECONDED BY DEPUTY MAYOR GENNELL. VOTE: (ON THIS AMENDMENT) COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA TION OF THE OCTOBER 23, 2000 REGULAR MEETING) PAGE IOOF 12 Attorney Garganese clarified, "The reason that Mr. McLeod's Amendment was permitted is because it did not interfere with the adopted Amended Motion, if that makes sense." VOTE: (ON FIRST AMENDMENT) DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. VOTE: (ON MAIN MOTION WITH AMENDMENTS) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Commissioner Blake summarized all of the earlier Motions and stated, "The Motion that was passed was that all spray fields in the City will be used only for their intended use as a spray field, unless there is significant - extensive community involvement with the City and effectuating some additional use." REGULAR F. Fire Department Requesting Authorization To Extend A Term Contract For Billing Services For The Emergency Medical Transport System. (This Was Originally Listed As Consent Agenda Item "C" On The October 23, 2000 Agenda, But The Commission Moved It To The Regular Agenda). Much discussion. "I'D LIKE TO MAKE A MOTION TO DIRECT THE CITY MANAGER TO COME BACK TO US WITH A BILLING ALTERNATIVE THAT WOULD INVOLVE AN INCENTIVE CLAUSE THAT WOULD ALLOW THEM TO RE- AWARD THE CONTRACT NEXT YEAR INVOLVING A DEFINITION OF COLLECTION STRATEGIES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30. 2000 (CONTINUATION OF THE OCTOBER 23. 2000 REGULAR MEETING) PAGE I I OF 12 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. COMMISSIONER McLEOD STATED, "THIS COMMISSION HERE REWARDS THIS PERSON IN THE SAME FASHION AS OUR CONTRACT, AS WHAT HAS BEEN UNDER OUR CONTRACT, WHILE THIS PERSON IS WILLING TO GO FORWARD. I THINK WE SHOULD BE WILLING TO EXTEND THE SAME CONTRACT TO THEM ON A MONTH- TO-MONTH BASIS, UNTIL THIS IS RESOLVED." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Blake stated, "We have an open item - we wish to hear from the City Attorney prior to adjourning this meeting." Attorney Garganese stated, "On the issue of the Canvassing Board, that is not directly in the Charter, however, you have an Ordinance in the books that states that the City will have a Canvassing Board, only at which time that the County does not have one, in the County Election. In this case, you do have a County Election." VIII. ADJOURNMENT Mayor Partyka stated, looking for a Motion to adjourn. MOTION. SECONDED. DISCUSSION CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA TION OF THE OCTOBER 23, 2000 REGULAR MEETING) PAGE 12 OF 12 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka adjourned this meeting at 9:20 p.m. Respectfully submitted: Andrea Lorenzo-Luaces City Clerk :;:-:PAu:b~p. PARTYKA (ViA r;. ". --: ~ ::~' 'f . ;-0. - ~!> .. Ie;. Co . J NOTE: These minutes were approved at the November 13,2000 City Commission Meeting.