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
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NOTE: These minutes were approved at the November 13,2000 City Commission Meeting.