HomeMy WebLinkAbout2001 01 08 Consent F Approval of December 4, 2000 City Commission Special Meeting Minutes
COMMISSION AGENDA
ITEM F
Consent X
Informational
Public Hearings
Regular
o4J
January).J.200l
Regular Meeting
Mgr. / Dept.
Authorization
CONSENT
F. Office Of The City Clerk
Approval Of The December 4, 2000 City Commission Special Meeting Minutes.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING
DECEMBER 4,2000
(CONTINUATION OF THE NOVEMBER 27,2000 REGULAR MEETING)
I. CALL TO ORDER
The Special Meeting of December 4, 2000 (which was the continuation of the November
27,2000 Regular Meeting) of the City Commission was called to order by Mayor Paul P.
Partyka at 6:35 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, absent
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
Members of the Winter Springs High School Chorus gave a Holiday Choral Presentation
to the City Commission.
"Mayor, Point of Order." Commissioner Michael S. Blake stated, "If! may just ask, have
Commissioners Martinez and McLeod been sworn in today?" Both Commissioners
confirmed that this had been done.
Mayor Partyka reminded everyone that the Official Inauguration Ceremonies will be held
on Monday, December 11,2000 at 5:30 p.m.
IV. CONSENT
ADD-ON
CONSENT
A. Community Development Department - Land Development
Presents To The Commission The Request Of CENTEX Homes For Authorization
For Additional Building Permits To Be Issued For The Parkstone PUD.
Commissioner Edward Martinez, Jr. stated, that "I believe that this is entirely out of
order. We approved the Consent Agenda last Monday, very early on and I think this Item
should be removed from tonight's schedule."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4,2000
(CONTINUA TION OF THE NOVEMBER 27, 2000 REGULAR MEETING)
PAGE 2 OF 15
Commissioner David W. McLeod stated, "I'd like to hear the reason that we should add
this on. Is there some urgency to this by the City Manager?"
With further discussion on this matter, the Commission agreed that this Item would not
be discussed at this time. Mayor Partyka stated, "At least three (3) of the Commissioners
would wait until we get our regular meeting done and then we can pose the question to
the City Manager, at that time."
v. REPORTS
REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
No report.
REPORTS
B. City Manager - Ronald W. McLemore
City Manager Ronald W. McLemore stated that Minutes from a meeting with the
Homeowners regarding Trotwood Park were given to members of the Commission.
Manager McLemore stated that he would be out of town Wednesday afternoon,
Thursday, and Friday of this week.
REPORTS
C. City Clerk - Andrea Lorenzo-Luaces
The City Clerk advised the Commission of the Deputy City Clerk's resignation.
REPORTS
D. Commission Seat V - David W. McLeod
Commissioner McLeod spoke of his concern with the Ordinance dealing with animals,
and how problems are handled. Manager McLemore agreed to look into this matter, in
addition to the "kennel" issue.
Commissioner McLeod added that "I understand because we accepted the Seminole
County Code that this person now feels they can have it back in our City and I don't
believe that is the case, and I would like to have some information on that at our next
meeting. "
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CITY OF WrNTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4, 2000
(CONTINUATION OF THE NOVEMBER 27, 2000 REGULAR MEETING)
PAGE 3 OF 15
Discussion.
Manager McLemore stated, "I too think that I need to go back and review exactly what
was stated." Manager McLemore added that "The 'kennel' issue is another issue I need
to look at."
Further discussion. Commissioner McLeod further stated, "You need to bring that thing
back. "
REPORTS
E. Commission Seat I - Robert S. Miller
Absent.
REPORTS
F. Commission Seat II - Michael S. Blake
Commissioner Blake inquired about office space at City Hall.
Manager McLemore stated that he was planning "To revisit that right after the first of the
year, to see what we can do."
REPORTS
G. Commission Seat III - Edward Martinez, Jr.
Commissioner Martinez read a document into the record. (See Attachment "A")
REPORTS
H. Commission Seat IV - Cindy Gennell
Deputy Mayor Cindy Gennell asked Manager McLemore if he was following the
CasselberryfFlorida Power franchise issue
Deputy Mayor Gennell spoke about a letter dated November 6th from the Planning and
Zoning Board, and their concern with the Annexation process, and whether a Workshop
should be held.
The consensus of the Commission was that at the next Commission Meeting, the
Commission would schedule a Workshop for the new year, regarding this matter.
CITY OF WINTER SPRINGS
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PAGE 4 OF 15
Deputy Mayor Gennell invited the Commission to the next Council of Local
Governments in Seminole County (CALNO) which is being held here at the City of
Winter Springs.
Commissioner McLeod spoke about Public Hearings Agenda Item "D" which was
discussed last Monday, at the November 27, 2000 Regular Meeting. Brief discussion
ensued on the previous vote and how it should best be brought up again for discussion.
Commissioner Martinez added, "I did intend to bring this back, but after the holidays, in
January." Mayor Partyka stated, "Mr. Garganese, let's research that one just so we know
we've got the right procedure on that one, okay."
Further brief discussion ensued on whether this matter could in fact be brought up again.
REPORTS
I. Office Of The Mayor - Paul P. Partyka
Mayor Partyka stated that he had tried to work the web links that we have, and did not
think that we were linked very well. Mayor Partyka asked that Manager McLemore
check with his Computer Services Department.
Mayor Partyka asked if information on the "Deed Restrictions issue" would be brought
up by Attorney Garganese. Attorney Garganese responded, "We'll hear this sometime in
the future, on that issue. I'm not prepared to discuss it tonight."
Mayor Partyka also asked on the status of the lawsuit dealing with the Tuscawilla
Lighting and Beautification District. Brief discussion ensued.
Deputy Mayor GennelI added that Saturday's Grand Opening at Torcaso Park was very
nIce.
VI. REGULAR
REGULAR
B. Community Development Department - Land Development Division
Seeks Guidance From The Commission As It Relates To The Construction Of A
Retention Pond Within The 100 Year Flood Zone In The Proposed Belfaire (aka
Battle Ridge) Subdivision.
Mr. Don LeBlanc, Land Development Coordinator and Mr. Terry Zaudtke, P.E., CPH
Engineers, Inc. introduced this subject and noted that 110 lots would be developed,
according to the agreement.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4, 2000
(CONTINUATION OF THE NOVEMBER 27,2000 REGULAR MEETING)
PAGE 5 OF]5
Discussion ensued on mitigation, retention ponds, and wetlands. Manager McLemore
stated, "Actually, the retention pond as designed, would actually help in re-hydrating the
wetlands." Mr. Zaudtke agreed with this statement, and added, "The way they have
designed it a spillover type thing, rather than a single pipe, so that it would have a
tendency to impact better - more of the wetlands, and positively."
Tape I/Side B
Deputy Mayor Gennell further inquired about this parcel. Mr. LeBlanc stated, "This
parcel was not included in the Overlay District." Deputy Mayor Gennell further stated,
"And we've just annexed a couple more beyond this right?" Mr. LeBlanc further stated,
"We haven't received any plans, and to the best of my knowledge, I have not - the one to
the immediate east, I believe that Starmer is represented - I think that falls into the New
Corridor Design Standards, but I would have to check on the other ones." Deputy Mayor
Gennell then asked, "Why does this one not?" Mr. LeBlanc said that he would check on
this.
Mr. Raymond R. Bradick, President, Bowyer-Singleton & Associates, Incorporated:
briefly addressed the Commission.
Discussion ensued on matters dealing with signage on the 434 Corridor. Deputy Mayor
Gennell stated, "When we start at the beginning of something like this, and we get three-
fourths of the way down, as they come in with their specific building and engineering
plans, and they say, 'Oh, well now you popped this on us, why didn't someone bring it up
in the very beginning.' I'm here now, and I'm bringing it up in the beginning. If this
doesn't come under our 434 Corridor Vision plans, right now, and if there is any
particular aspect as we ran into problems with the Winter Springs Golf Course, having
that entrance road with their entrance signs and they wanted two (2), and our 434
Corridor only permitted one (1), in other words, are we going to run into those kinds of
things? Because if we are, I think we need to go back just a little bit and determine
whether or not they will come under the 434 Visioning Plan for this tract - where it meets
434."
Manager McLemore stated, "1 don't recall, what if anything we put in the development
agreement relative to signage, specifically. However, with a small amount of impact that
- the Corridor could have on this development, 1 suspect that these people would be
willing to put on the record tonight - that they would be willing to abide by that."
Mr. Bradick stated, "The only thing we would intend to do, you know is - to have the
subdivision signage on the wall. 1 mean we're not going to have any vertical signs or
anything like that, above the wall. It could be just like you see on every subdivision
along 434 now." Commissioner Blake stated, "Monument type - not a pylon sign." Mr.
Bradick added, "No, it would be on the face of the wall."
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SPECIAL MEETING - DECEMBER 4, 2000
(CONTINUATION OF THE NOVEMBER 27,2000 REGULAR MEETING)
PAGE 6 OF 15
Deputy Mayor Gennell stated, "Manager McLemore, I would say to you to look at the
annexations that we just accomplished and make sure that they do come under that."
"I MAKE A MOTION TO APPROVE THE REQUEST." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
REGULAR
C. Finance Department
Requests The City Commission Authorize The City's Acceptance Of Credit And
Debit Cards As An Additional Payment Option For Utility Customer's And Accept
Debit Cards For Other City Services Paid At City Hall. This Item Is Unbudgeted
And Would Require: An Appropriation From Retained Earnings Of The Water
And Sewer Fund In The Amount Of $20,000 For FY 01 And, An Appropriation
From Fund Balance Of The Solid Waste Fund In The Amount Of $5,000 For FY 01
And, An Appropriation From General Fund Balance Of $1,000 For FY 01.
Ms. Louise Frangoul, Finance Department Director spoke on this Agenda Item. Manager
McLemore added, "If we go forward at this point in time, then we need to go forward in
one way, and the question is, 'Is that wise? Because there may be other ways to do it that
are less costly."
Commissioner McLeod stated, "And mine would be Mr. Manager, to have that
researched and bring the best alternative forward, and let's not hasten ourselves. The
City has been able to get by this long, without this procedure."
"BASED ON THE REMARKS BY THE CITY MANAGER, AND THE
OBSTACLES PRESENTED BY THE CITY FINANCE DIRECTOR, AND THE
FACT THAT TWENTY-SIX THOUSAND DOLLARS ($26,000.00) COULD BE
BEST SPENT ELSEWHERE, ESPECIALLY AT A TIME WHEN WE ARE
LOOKING FOR RECREATION AREAS FOR THE CHILDREN OF THIS
COMMUNITY, I MAKE A MOTION THAT AT THIS TIME, WE DENY THIS
REQUEST, AND AS SUGGESTED BY THE OTHERS THAT THIS BE
BROUGHT BACK AT A LATER DATE WITH MORE EXPANDED
INFORMATION THAT WE CAN CONSIDER IN APPROVING THIS ITEM."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4,2000
(CONTINUATION OF THE NOVEMBER 27,2000 REGULAR MEETING)
PAGE 7 OF 15
MOTION BY COMMISSIONER MARTINEZ.
COMMISSIONER McLEOD. DISCUSSION.
SECONDED
BY
Deputy Mayor Gennell stated, "What would you consider to be a reasonable expectation
when we could expect this to come back before us, with better information - that we
could seriously consider?" Manager McLemore replied, "I think it's twelve (12)
months." Ms. Frangoul added, "I think that is accurate." Manager McLemore further
stated, "Then we'll be ready. We'll have the foundation in place where we can really do
it on a larger scale, and spread the cost over a much larger number of transactions."
Deputy Mayor Gennell suggested, "Why can't we get something like this to come up
when its time to be included in the budget." Manager McLemore agreed, "I think we
could plan for it much better for next year."
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Commissioner Blake stated, "I think it is great to see Staff, specifically Louise (Frangoul)
to fmd issues like this, to bring to us for action. I hope she doesn't take this as meaning
that it isn't ajob well done. I think it is ajob very well done!"
REGULAR
D. City Attorney
Requests the Commission Review His Legal Opinion Regarding Section 3 Of The
City Manager's Contract, As It Applies To Section 5.02 Of The City Charter.
Attorney Garganese spoke to the Commission on this matter.
Commissioner McLeod stated, "I think you did a great job of it. But I think that for the
overall good of the City, I personally feel that this Opinion would be best served if read
into the record."
Furthermore, Commissioner McLeod stated, "Secondly, regarding that, I would like to
know how much we have spent in this Opinion, by bringing it forward - dollars and cents
wise. Which you may not have that answer at this time - and if you do, roughly, I would
like to have a ballpark figure of what it has cost us; your time to go back based on one or
two citizens' requesting this type information, because I think it will then help this
Commission in the future, to decide whether or not, on some of these issues that we
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4, 2000
(CONTINUA TION OF THE NOVEMBER 27, 2000 REGULAR MEETING)
PAGE 8 OF 15
should pick up the City Attorney's time to do the research to this extent on issues that
have been previously given to this Commission by the previous Attorney. However, you
have given it to us in a legal written form, and he's given it to us basically in a verbal
form, but the same basic conclusions - you've come to the same end. So, I would like to
have some idea of what this has cost us. Thank you."
"MAYOR, I WOULD LIKE TO MAKE A MOTION TO HAVE THE ATTORNEY
READ THE FINDINGS INTO THE RECORD." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Attorney Garganese read his "Legal Opinion" into the record. (See Attachment "B "J
Tape 2/Side A
Commissioner Martinez addressed the Commission. Mayor Partyka stated' that
Commissioner Martinez was "Out of Order." Commissioner Martinez responded, "1 will
appeal to the Commission." The consensus of the Commission was to let Commissioner
Martinez continue to speak further on this issue. Commissioner Martinez then completed
his comments.
REGULAR
E. Finance Department
Requests Commission Consider The Purchase Of Additional Equipment And
Software For The Finance And Utility Finance Department To Operate More
Efficiently And Economically And Fully Realize The Benefits Associated With The
Computer Conversion.
(This Has Been Postponed To The December 11,2000 Regular Meeting)
No action was taken or required.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4,2000
(CONTINUATION OF THE NOVEMBER 27, 2000 REGULAR MEETING)
PAGE 9 OF 15
REGULAR
F. Parks and Recreation Department
Requesting That The City Commission Approve An Appropriation From The
General Fund. Fund Balance Of $14,400 Is Required To Cover The Projected
Increase In Utility Costs Due To Previous Under-Billing From Florida Power
Corporation For FY 2000/01.
"MAYOR, I WOULD BE WILLING TO MAKE A MOTION TO APPROVE."
MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR
GENNELL. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
REGULAR
G. Parks And Recreation Department
Requesting That The City Commission Approve Proceeding With Land Lease
Agreements With The Seminole County School Board And The American Annuity
Group To Provide Property For Youth Sports Practice Areas.
"MOTION TO SUSPEND THE RULES." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Mr. Chuck Pula, Parks and Recreation Department Director spoke on this subject, and
displayed several drawings and photographs to the Commission. Discussion.
In discussion on a property owned by the School Board, Commissioner McLeod stated,
"You have indicated that that property goes all the way to Wade Street, on your drawing.
The Old Sanford-Oviedo Road is the inlet to it, as far as the property that sits against 419,
does not run all the way to Wade Street."
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4, 2000
(CONTINUATION OF THE NOVEMBER 27,2000 REGULAR MEETING)
PAGE 100F 15
Commissioner McLeod further stated, "That property though, I think, is under the power
line, that is an easement for the power company, but I believe that piece of property, next
to Wade Street is owned by the auto company that was in here, and it would seem to me,
rather than trying to go between the two auto companies, at the present time, the
scrapyards, that actually use part of that street for the servicing of loading and unloading
trash dumpsters to haul their debris off, it may make sense to get with them and cut a
deal, that you would be able to come off Wade Street and just North of the power poles,
to follow down that right-of-way; which would mean we would have to do some kind of
a stabilization to the road coming in, but also I think you're going to have less problems,
than what you're going to have with that piece of property coming on Old Sanford-
Oviedo Road, because those junked cars have glass and pieces of metal."
Commissioner McLeod added, "So, I think that the benefit would be very well possible,
Ron - if we were able to get an easement from the salvage yard, and basically stating that
we would come to the South of them, in an agreement with the - County and the School
Board. "
Commissioner McLeod then stated, "It also does not take in that full section as you drew
it, and where it does touch 419, there is a narrow portion of that property that touched
419. The problem there became DOT's on acceleration/deceleration lanes, off 419 to
make turns into that property. So the other problem you will have though is from the
power poles coming in, you will have to cut across the Trails, and I'm sure
Commissioner Gennell can help work that with the County."
Mr. Pula explained that the second property was located on "Shepard Road." Further
discussion ensued.
Regarding the third property, Mr. Pula identified it as "A Florida Power Corporation
power easement that is adjacent to Moss Park."
Commissioner Blake asked Mayor Partyka to poll the Commission regarding their
personal preferences on these three (3) properties. Discussion.
Commissioner McLeod asked Manager McLemore about the Parker property, and asked
"If we had considered asking if we could possibly lease a portion of that property?"
Discussion.
Tape 21Side B
Commissioner McLeod asked Manager McLemore, "Has anybody addressed the -
people (whoever is in control), is there a possible option of leasing a portion of that four
(4) acres or five (5) acres, holding them 'hold harmless,' that we can make into
temporary practice fields for our people?"
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CITY OF WINTER SPRINGS
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CITY COMMISSION
SPECIAL MEETING - DECEMBER 4,2000
(CONTINUA TION OF THE NOVEMBER 27,2000 REGULAR MEETING)
PAGE 11 OF 15
Manager McLemore explained that "We have discussed acquiring a portion of it, rather
than the full twenty-seven (27) acres, a smaller portion to make it more affordable. We
have not talked about a lease arrangement with the Parker's. Regarding future plans,
Manager McLemore stated that "I wouldn't be comfortable talking those details now, but
I would certainly sit down with you and - talk about it." Commissioner McLeod stated,
"I'd like to."
Mayor Partyka stated, "From the polling, it seems that the leaning is going to be towards
the School Board, but two other Commissioners also brought up a couple of other
thoughts, so it's not such a consensus."
Mayor Partyka opened the Public Input portion of this meeting.
Mr. Carl Stephens, 700 Fisher Road, Winter Springs, Florida: stated that he was
opposed to Moss Park being developed.
Mr. Bill Fernandez, 700 Fisher Road, Winter Springs, Florida: commented that he also
did not want Moss Park to be developed.
Mr. Richard Grogan, 697 Aberdeen Lane, Winter Springs, Florida: spoke of his interest
in bringing "park activity" to the Highlands subdivision.
Mr. William P. Jones, 501 Erica Way, Winter Springs, Florida: spoke on the impact of
traffic in his neighborhood, and suggested that his preference was for the "Dearborn"
property.
Mayor Partyka closed the Public input portion of this meeting.
Commissioner McLeod asked about who originally owned the four (4) acre property off
of Shepard Road, and stated, "I think we ought to check into that." Commissioner
McLeod further stated, "When I sat on the P and Z Board, several years ago, when that
property came in front of the Board because there were going to be some build-out on
that property, and that property was found - if that's the property - and I think again we
need to check on this and find out, but that property was found to have some
contaminants on that property."
Commissioner McLeod further added, "You may find that that piece of property is listed
on the list of properties that is a contaminated piece of property. I think we have to make
sure that if it is and we decide that we are going to make soccer fields for the children, I
think we need to find out what is that level." Commissioner McLeod reiterated, "I would
like us to check into that."
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SPECIAL MEETING - DECEMBER 4, 2000
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PAGE 12 OF 15
COMMISSIONER BLAKE STATED, "IN THE SCOPE OF THIS AGENDA
ITEM, IF WE CAN PERHAPS MOVE FORWARD - IN REVERSE ORDER,
NUMBER FOUR (4) PRIORITY AGAIN, AND ONLY THE SCOPE OF THIS
AGENDA ITEM, I THINK WE NEED TO DISCUSS THE PARKER PROPERTY,
BUT WE ARE ALREADY WORKING ON THAT IN OTHER AREAS, SO
THAT'S A LONGER TERM SOLUTION. OBVIOUSLY THE CITY HAS
ALREADY SET A POLICY THAT WE WOULD LIKE TO BUY THAT
PROPERTY, AND WE ARE WORKING THROUGH A VARIETY OF FUNDING
SOURCES IN ORDER TO MAKE THAT HAPPEN; AND I THINK THAT IS
INDEED OUR ULTIMATE GOAL, BUT IT'S MORE THE CONTEXT OF WHAT
WE ARE WORKING WITH HERE.
I THINK NUMBER THREE (3) THE MOSS PARK AREA, I WOULD
CERTAINLY WANT TO ELIMINATE. I WOULD MAKE THAT PART OF MY
MOTION. SECONDLY, WOULD BE THE ANDOVER PROPERTY, THE
PROPERTY THAT COMMISSIONER McLEOD WAS TALKING ABOUT. THE
PROPERTY HAS BEEN THERE FOR A LONG TIME. IT'S BEEN UTILIZED
FOR THESE TYPES OF ACTIVITIES FOR A LONG PERIOD OF TIME. I
DON'T SEE THAT ANYTHING IS GOING TO OCCUR IN THE NEAR
FUTURE. WE CERT AINL Y, TO MY KNOWLEDGE, DON'T HAVE ANY
DEVELOPMENT PLANS OR ANYTHING FOR THAT PROPERTY.
SO, I THINK WE CAN KEEP THAT IN THE BACK POCKET AS SOMETHING
TO GO AND TAKE A MORE CAREFUL LOOK AT, IF WE ARE NOT
SUCCESSFUL WITH WHAT I WOULD CONSIDER TO BE THE NUMBER
ONE PRIORITY AND THAT WOULD BE TO DETERMINE EXACTLY HOW
MUCH SPACE WE WOULD NEED AND TO BEGIN TO ACCELERATE OUR
DISCUSSIONS WITH THE SCHOOL BOARD AND WORK OUT AN
INTERLOCAL AGREEMENT THAT WOULD ALLOW US TO HAVE FULL
UTILIZATION OF WHATEVER PORTION OF THAT PROPERTY WE
WOULD NEED FOR AT LEAST THE NEXT THREE (3) YEARS,
POTENTIALLY, AN OPTION UP TO FIVE (5) YEARS OR SO, AS PART OF
OUR NEGOTIATIONS OBVIOUSLY WE COULD BEGIN TO DO A FEW OF
THE MINOR IMPROVEMENTS THAT THEY WOULD ULTIMATELY HAVE
TO DO ANYWAY.
I CERTAINLY WOULDN'T WANT TO SEE US BUILD BRICK BATHROOMS,
OR PAVING ROADS OR THINGS OF THAT NATURE THAT WOULD BE
PERMANENT IMPROVEMENTS, BUT THAT WOULD GIVE US THE AREA
THAT WE NEED. IT WOULD REMOVE SOME OF THE IMPACT FROM THE
NEIGHBORHOODS. I DO BELIEVE IN NEIGHBORHOOD PARKS, AND I
THINK EVERYBODY WHO LIVES IN A NEIGHBORHOOD ULTIMA TEL Y
BENEFITS FROM PARKS AROUND THE NEIGHBORHOOD.
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PAGE 13 OF 15
THIS IS A SOMEWHAT HIGHER INTENSITY USE THOUGH, THAN YOUR
NEIGHBORHOOD SWING SET AND PLAYGROUND, AND SANDBOX. THE
PARK THAT IS IN TUSCAWILLA, ON TROTWOOD, TROTWOOD PARK,
RECEIVES A TREMENDOUS AMOUNT OF USE AND I WOULD SAY THAT
THAT BORDERS ON THE LINE, AND PERHAPS MAY EVEN CROSS THE
LINE, FOR THE LEVEL OF INTENSITY USE THAT YOU WOULD WANT TO
HAVE IN THE NEIGHBORHOOD, RIGHT NEXT TO HOMES.
YOU REALLY OUGHT TO HAVE SOME TRANSITION BETWEEN
SOMEONE'S BACK YARD AND A BATTING CAGE OR A FOOTBALL FIELD,
OR A SOCCER FIELD; AND IF WE WERE TO BE ABLE TO DO THAT AGAIN
WE MIGHT EVEN SET THAT UP SOMEWHAT DIFFERENTLY, BUT HERE
WE ARE, SO WE CAN'T. SO THAT WOULD BE MY RECOMMENDATION
MAYOR. IF IT'S IN ORDER, I WOULD LIKE TO MAKE THE MOTION
THAT - AGAIN, FOR THE SCOPE OF THIS ITEM, THAT WE RANK OUR
ACTIONS IN THAT ORDER." MOTION BY COMMISSIONER BLAKE.
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
DEPUTY MAYOR GENNELL STATED, "THE COMMENT THAT WAS
BROUGHT UP BY - MR. FERNANDEZ, THAT THERE IS AN AWFUL LOT OF
LAND OUT HERE, AND THERE IS A LOT OF LEVEL LAND. FOR
INSTANCE, ALL THAT ZONED COMMERCIAL STUFF IN PARKSTONE, IF
WE DON'T HAVE ANYTHING COMING IN, WHICH I'M NOT AWARE OF
ANY PLANS COMING IN FRONT OF US, THAT MIGHT BE AVAILABLE FOR
A SHORT TERM LEASE, IF WE'RE LOOKING FOR SPOTS THAT DON'T
REQUIRE TREE REMOVAL - IT WAS A SUGGESTION. THERE IS A LOT OF
SCHRIMSHER LAND THAT IS LEVEL. THERE IS A LOT OF PIECES THAT
ARE LEVEL, AND ALMOST COMPLETELY CLEAR - IT MIGHT DO US
WELL TO AT LEAST LOOK AT IT."
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTYMAYORGENNELL: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4, 2000
(CONTINUA TION OF THE NOVEMBER 27,2000 REGULAR MEETING)
PAGE 14 OF 15
H. Office Of The City Clerk
Is Requesting That The City Commission Of The City Of Winter Springs Consider
The Attached Resolution Number 2000-38 Which Sets Forth A Suggested Format
And Style For All City Commission Meeting Minutes And Advisory Board And
Committee Meeting Minutes.
(This Has Been Postponed To The December 11, 2000 Regular Meeting)
No action was taken or required.
J. Parks and Recreation Department
Requesting That The City Commission Approve Proceeding With Alternative
Master Plans For Improvements On The Property South Of The Police Station
With A Supplemental Appropriation From General Fund Reserves.
Mr. Pula spoke on this matter, and stated, "What Staff is requesting in this request is a
request for some additional appropriation to go ahead and have Starmer, Ranaldi, and
Associates to work up a master plan." Discussion ensued on some of the possible
designs, and the related Grant process.
Tape 3/Side A
"I MOVE THAT WE APPROVE ITEM 'J' AND GO ON WITH THE
RECOMMENDATION OF STAFF TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A CONTRACT FOR SERVICES WITH SRI, IN A FORM
APPROVED BY THE CITY ATTORNEY." MOTION BY DEPUTY MAYOR
GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: NAY
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
MAYOR PARTYKA: AYE
MOTION CARRIED.
Mayor Partyka stated that he had received a call from Councilman Tom O'Hanlon with
the City of Oviedo, "We had requested of him, to go back to his Council and see what we
could do about getting a potential meeting with those people, and start the discussion and
communication process. I also talked to them at one of their Workshops, to emphasize
that fact. He called me up and basically he said, 'His Commission looks like they are in
agreement to do that, and he is going to try to see, in terms of scheduling some kind of
Workshop, probably like January or February - to request us to be a part of that
Workshop."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 4,2000
(CONTINUATION OF THE NOVEMBER 27, 2000 REGULAR MEETING)
PAGE 15 OF 15
VIII. ADJOURNMENT
"MR. MAYOR, I MOVE TO ADJOURN." MOTION BY DEPUTY MAYOR
GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE (HIS FINAL VOTE)
MOTION CARRIED.
Mayor Partyka adjourned the Meeting at 9:42 p.m.
RESPECTFULLY SUBMIITED:
cJL- ~
ANDREA I,..O 'ZO-LUACES
CITY CLERK
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NOTE: These Minutes were approved at the January 8, 2001 City Commission Meeting.
ATTACHMENT "An
AT THE MERCY OF PEOPLE FOR GOOD GOVERNMENT:
We, the City Commission, the City Administration have been continuosly
been subjected to lhe whims of the nay sayers; People for Good
Government.
This group has consistently during the pa~t two years have demonstrated an
ability to be detractors whose sole objective has been to obstruct every effort
by the City Administration and this Commission to move our City forward.
In order to achieve the retardation of forward movement they have:
l. Supported the Mayor's lawsuit to override the specifics of our Charter
2. Supported the Mayor's veto of the budget in 1999 because we were
spending too much money on legal when the expenditures were brought
about by the very lawsuit
3, Took it upon themselves to sue the City with regards to the assessment
district for the beautification of Tuskawilla, An absolute indication of the
few deliberately want jug to control the many.
4, Took it upon themselves to suggest changes to our Charter that would
usurp the powers of tbe City Commission while granting many desired
powers to the office of the Mayor and including the granting of subpoena
powers to a citizen's committee; mainly theirs.
5, Every citizen has the unalienable right to run for public office providing
they meet the criteria established by law, However, this group has ran
unknown and unqualified candidates two years in a row in order to gain
control of the commission so that they can accomplish their goal of firing the
city manager and the city attorney,
6, They have been pursuing an alleged Charter violation by this Commission
as-regard the City Manager's severance pay. However, the very people
never questioned the very same actions of earlier commission who ascribed
to the same procedure as we did" except that the City Manager in question
and the Commissioners in question were of their approval.
This maneuvering has cost the City thousands of dollars in legal expense for
the City attorney has had to do a lot of research in order to satiate their thirst.
Last Monday the City attorney provided a written response to their
unquenched thirst and Mr. Gene Lein threatened us with court litigation;
something that has become his hobby.
Mr. Lein also referred to portions of Commissioner Gennell' s remarks at
previous forums as "garbage" while being allowed to spread his own litter in
excess of the three minute rule,
Their President writes insulting and injurious letters to the Commission and
the City staff, to wit; recently writes charging that the City Manager is on
the take,
There are many more instances; too many to mention and we need to move
OD.
However, I in behalf of this Commission request of you, the people, those
who come here with let,ritimatc presentations or in search of relief, those
whose interest lies in a better City for our residents to please not support the
antics of those in that group hungry for power at any length.
I will also request of our Mayor, who at times gives the impression of being
a stickier for Robert Rules, to please comply with the directive of this
Commission and stick to time limitations placed on speakers when they
choose to use this forum and our time to act as demagogues,
Thank you very much
Edward Martinez Jr.
Commissioner - District 3
A IT ACHMENT "8"
BROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LA W
Usher L. Brown ·
John 1-/, Ward ·
Gary $, $alzmano
Jeffrey $, Weiss
Suzanne D'Agrcsta
Anthony A, GarganeseU
Scott 0, Danahy
James G, Vickaryous
Allison Carmine McDonald
Alfred Truesdell
Arthur R, "Randy" Brown, Jr.
William A. Davis, Jr.
III North Orange Ave., Suite 875
Post Office Box 2873
Orlando, FL 32802.2873
(407) 425-9566
(407) 425.9596 FAX
Email: firm@orlandolaw.net
Website: www.orlandolaw.net
agarganese@orlandolaw,net
· Iloard Certified Civil Trial Lawyer
o Ooard Certificd Busincss Litigalion Lawycr
" Ooard Certified Cily. Counly & Local GovwlIncnl Law
Novcmber 27,2000
The Honorable Paul P. Partyka and
Members of the City Commission
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
Re: Legal Opinion - City Manager's Severance Pay
Dear Mayor Partyka and Members of the City Commission:
I. Introduction
Several citizens have claimed that Section 5.02 ofthe Winter Springs City Charter ("Section
5.02") does not allow the City Commission to approve an employment contract with the City
Manager that provides for severance pay greater than thirty (30) days in the event the City Manager
is terminated from employment with the City. The City Commission has directed that I provide a
legal opinion regarding whether the claim is supported by law.
Admittedly, the City Charter is not crystal clear on this issue. On the one hand, Section 5.02
might be reasonably interpreted to limit scverance pay to thirty days when that section is read
literally and independently, without consideration for the remaining provisions of the City Charter.
On the other hand, for the reasons that follow, th<.: City Charter, when considered in its entirety, can
be reasonably interpreted to permit the payment of severance pay in excess of thirty days if the
severance pay is provided f()r in an employment contract for a definite term of employment.
Mayor Paul P. Partyka
Members of the City Commission
November 27, 2000
Page 2
II. Factual Background
The impetus of the citizens' claim appears to be the current employment contract with the
City Manager, Ronald W. McLemore ("McLemore"). On November 28, 1995, the City Commission
directed then City Manager John Govoruhk and former City Attorney Frank Kruppenbecker to
negotiate an employment contract, consistent with law and the Winter Springs City Charter, with
McLemore for the position of City Manager. On January 22, 1996, the City Commission I approved
a three (3) year employment agreement with McLemore for the position of City Manager ("1996
Agreement"). Relevant hereto is Section 3 of the 1996 Agreement which provides:
In the event Employee is terminated by the City Commission during the first thirty
(30) months of Employee's initial employment and Employee is willing and able to
perform his duties under this Agreement, then, in that event, the City agrees to pay
Employee a lump sum cash payment equal to six (6) months' aggregate salary; if
Employee is terminated during the thirty-first to thirty-sixth month of the
employment period, then the Employee shall only be entitled to the remaining
months of severance under the term of the Agreement. . . .
Section 3 further states that the City shall have no obligation to pay severance if the City Manager
is terminated for cause or resigns.
On September 16, 1999, the City Commission2 approved a second employment agreement
with McLemore for the position of City Manager (" 1999 Agreement"). The 1999 Agreement is a
four (4) year agreement with one three-year extension. Although Section 3 of the 1999 Agreement
is substantially similar to Section 3 of the 1996 Agreement, several amendments contained in the
1999 Agreement are relevant to severance pay. Section 3 of the 1999 Agreement states:
In the event the Employee is terminated by the City Commission while Employee is
willing and able to perform his duties under this Agreement, the City agrees to pay
Employee nine (9) months'(or remaining months under the term of the Agreement
if less than nine (9) months), as severance pay.
I Mayor John Bush and Commissioners Larry Conniff, John Ferring, Cindy Gennell John Langellotti, and
David McLeod,
2 Mayor Paul Partyka and Commissioners Michael Blake, Cindy Gennell, Edward Martinez, David
McLeod, and Robert Miller.
Mayor Paul P. Partyka
Members of the City Commission
November 27,2000
Page 3
Section 3 of the ] 999 Agreement also provides that the City is not obligated to pay severance pay
if the City Manager is terminated for cause or resigns,
Both the 1996 Agreement and 1999 Agreement provide for a maximum amount of severance
pay. If the remaining number of months under the agreement is less than the maximum severance
pay, the amount of severance becomes the number of months remaining under the agreement. Thus,
if the city manager is terminated for cause with one month remaining on the agreement, the city
manager would receive only one month severance pay in that case.
III. Legal Analysis
The gravamen of the issue presented is one involving the interpretation of the Winter Springs
City Charter. As such, statutory rules of construction apply to interpreting the provisions of the
Winter Springs City Charter. See Great Outdoors Trading, Inc. v, City of High Springs, 550 So. 2d
483 (Fla. 1 st DCA 1989). When interpreting the provisions of a city charter, the provisions must be
considered as a whole. Alsop v, Pierce, 19 So. 2d 799 (Fla. 1944). As stated in Forsythe v,
Longboat Key Beach Erosion Control Dist, , 604 So. 2d 452,455 (Fla. 1992), "all parts of a statute
must be read together in order to achieve a consistent whole. Where possible, courts must give effect
to all statutory. provisions and construe related statutory provisions in harmony with another."
Further, the provisions should be construed so as to be reasonable and consistent with one another.
City ofOpa Locka v, State, 257 So. 2d lOO (Fla. 3rd DCA] 972). A literal interpretation of the city
charter should not be given, however, when to do so leads to an unreasonable or ridiculous result or
to a purpose not designated by the lawmakers. City of Boca Raton v. Gidman, 440 So. 2d 1277 (Fla.
1983). A city charter should be construed together with other laws having the same purpose so that
the provisions are in harmony with each other. !d. at 1282. In addition, city charter provisions
relating to the same subject matter are in pari materia, and to the extent thatthe understanding of one
provision would aid in the interpretation of the other, they should be construed together and
compared with each other. See Goldstein v. Acme Concrete Corp., 103 So. 2d 202 (Fla. 1958). It
is within this context that the aforementioned citizens' claim and Article V of the Winter Springs
City Charter relating to the City Manager should be analyzed.
Several provisions of the Winter Springs City Charter are relevant to the claim raised.
Section 5.0 I of the Winter Springs City Charter provides that "[t]he commission may appoint a City
Manager for an indefinite term and fix his compensation." And, Section 5.02 of the Winter Springs
City Charter provides "[t]he commission may remove the city manager by motion of the City
Commission requiring four (4) affirmative votes; the city manager shall receive thirty (30) days'
severance pay in all such cases." Also relevant is Section 3.0 I of the Winter Springs City Charter
which states that "[t]he city shall have all powers possible for a city to have under the constitution
~ayorPauIP.Partyka
~embers of the City Commission
November 27,2000
Page 4
and laws of this state as fully and completely as though they were specifically enumerated in this
Charter." Except as otherwise provided by law or the Winter Springs City Charter, all powers are
vested in the City Commission. Section 4.06, Winter Springs City Charter.
Provisions of the Florida Constitution and Florida Statutes set forth powers possessed by
municipalities. Specifically, Article VIII, Section 2(b) of the Florida Constitution provides that:
~unicipalities shall have governmental, corporate and proprietary powers to enable
them to conduct municipal government, perform municipal functions and render
municipal services, and may exercise any power for municipal purposes except as
otherwise provided by law.
Further, the Municipal Home Rules Powers Act, ~166.021(4) of the Florida Statutes,
provides in part:
It is the further intent of the Legislature to extend to municipalities the exercise of
powers for municipal government, corporate, or proprietary purposes not expressly
prohibited by the constitution, general or special law, or county charter and to remove
any limitations,judicially imposed or otherwise, on the exercise of home rule powers
other than those expressly prohibited. (Emphasis added).
It is axiomatic, therefore, that the City of Winter Springs is vested with a broad range of
municipal home rule powers with the exception of those powers that are expressly prohibited by law.
The home rule powers possessed by the City of Winter Springs are incorporated into the Winter
Springs Charter as though they were specifically enumerated in the Charter. Section 3.01, Winter
Springs Charter. Unless otherwise provided by law or the Winter Springs City Charter, those powers
are vested in the City Commission. Section 4.06, Winter Springs City Charter. Therefore, based on
the foregoing, the City Commission is clearly vested with the authority to exercise the broad range
of municipal powers provided by the Florida Constitution and Florida Law unless expressly
prohibited by law.
It is self-evident that a municipality clearly has the power to enter into an employment
contract for purposes of conducting municipal government, functions, and services. After
exhaustively researching the issue, I was unable to find any state or federal law that would prohibit
a city commission from entering into an employment contract with a city manager that provides for
severance pay in the event the employment contract is terminated for cause by the city commission.
Accordingly, the claim made by the citizens should be analyzed as follows:
Mayor Paul p, Partyka
Members of the City Commission
November 27,2000
Page 5
Whether the Winter Springs City Charter expressly prohibits or expressly limits the
City Commission's authority to provide severance pay by written contract to the City
Manager in cases where the city manager is terminated from employment.
The only provisions of the Winter Springs City Charter relating to the employment
relationship between the City Manager and the City Commission can be found in Article V, City
Manager. Section 5.01 of Article V pertains to the appointment of the City Manager and Section
5.02 of Article V pertains to removal of the City Manager.. Because Sections 5.0 I and 5.02 relate
to the same subject matter, that is, the employment of the City Manager, a reasonable argument can
be made that the two sections are in pari materia and must be construed with reference to each other.
See Goldstein v. Acme Concrete Corp., 103 So. 2d 202 (Fla. (958). As such, the meaning of Section
5.0 I should be used as an aid in interpreting Section 5.02 so that the two sections are construed in
harmony with each other.
Section 5,01 provides that "[t]he City Commission may appoint a City Manager for an
indefinite term and fix his compensation." In other words, the City Commission may, but is not
required to, appoint a City Manager for an indefinite term of employment. An indefinite term of
employment is employment without an employment contract that specifically obligates the City
Commission and the City Manager for a definite term of employment. See Maguire v, American
Family Life Assurance Co, of Columbus, Ga., 442 So.2d 321 (Fla. 3rd DCA 1983); Perri v. Byrd,
436 So. 2d 359 (Fla, I st DCA 1983). Where the term of employment is "indefinite," either party for
any reason may terminate it at any time and no action may be maintained for breach of employment
contract. DeMarco v, Publix Super Markets, 384 So. 2d 1253 (Fla. 1980). Apparently, Section 5.0 I
contemplates employment of the City Manager without a definite term contract. It is, therefore,
reasonable to argue that Section 5.02 relating to termination and severance pay should be interpreted
in the context of an employment contract for an indefinite term. As such, if the City Manager did
not have an employment contract for a definite term, Section 5.02 by operation oflaw would require
that the City Manager receive thirty days severance pay if terminated by the City Commission. On
the other hand, if the City Manager had a definite term employment contract, severance pay could
be negotiated and agreed to in the employment contract.
Furthermore, Sections 5.0 I and 5.02 do not "expressly" prohibit severance pay greater than
thirty days in instances where the city manager has an employment contract for a definite term. An
"express" prohibition must be "clear; definite; explicit; plain; unmistakable; not dubious or
ambiguous; made known distinctly and explicitly, and not left to inference." See Blacks Law
Dictionary (Westlaw). Absent such an express prohibition, the City Commission is arguably vested
with Municipal Home Rule Powers necessary to contract for severance pay greater than thirty days.
Therefore, pursuant to the Municipal Home Rule Powers Act and Sections 3.0 I and 4.06 of the
Winter Springs City Charter, one could reasonably interpret the Winter Springs City Charter to
~ayorPaulP.Partyka
~embers of the City Commission
November 27,2000
Page 6
provide that the City Commission is vested with the authority to enter into a definite term
employment contract which provides the city manager with severance pay greater than thirty days.
In this case, the past and current City Commissions have entered into two separate
employment contracts with ~cLemore for the position of City ~anager. Both contracts have
definite terms of employment. The 1996 Agreement was for three years and the 1999 Agreement
is for four years with a three year optional extension. Further, both contracts provide for severance
pay. The 1996 Agreement provided for a maximum of six months severance and the 1999
Agreement provides for a maximum of nine months severance. Severance pay is only paid in the
event the City ~anager is terminated by the City Commission when the City ~anager is "willing
and able to perform his duties" under the Agreement. Even then, under the 1999 Agreement, the
City ~anager shall receive only a maximum of nine months severance pay. If the City ~anager is
terminated with less than nine months remaining under the Agreement, severance pay will only be
paid for the remaining months left under the Agreement. The City is not obligated to pay severance
if the City Manager is terminated for cause. There is, therefore, no guarantee that the City ~anager
will receive any severance pay under the 1999 Agreement.
Two City Commissions, apparently with advice from legal counsel, have approved definite
term City ~anager employment contracts with ~cLemore that provide for the possibility of
severance pay in excess of thirty days. In other words, the City Commission appears to have
construed the City Charter as not prohibiting the payment of severance pay greater than thirty days
under a definite term, written employment contract. Based on the foregoing, one could reasonably
argue that the City Commission's interpretation of the City Charter is supported by law. If that
interpretation is challenged, the City Commission's interpretation of the City Charter should be given
considerable weight by the courts construing and applying the Winter Springs City Charter. See
Pepe v. City of New Britain, 524 A.2d 629 (Conn. 1987); Mile High Enterprises, lnc, v, Dee, 558
P.2d 568 (Colo. 1977).
In sum, it is fair to say that a reasonable person could interpret Section 5.02 of the Winter
Springs City Charter in a number of ways. A person could choose to isolate Section 5.02 and
interpret it literally without regard to other relevant provisions of the City Charter and law.
Alternatively, a person could choose to interpret Section 5.02 in conjunction and harmony with other
relevant provisions of the City Charter and law. Reasonable people can disagree. In fact, even
courts can disagree. See Partyka v. Blake, et aI., 731 So. 2d 749 (Fla. 5th DCA 1999) (trial court's
interpretation of the City of Winter Springs Charter relating to the City Commission's authority to
terminate the City Attorney overturned), rev. denied, 744 So. 2d 456 (Fla. 1999). Accordingly,
unless it is judicially determined otherwise, the interpretation of the previous City Commission and
the current City Commission that the City Charter does not prohibit the payment to a City Manager
- ------.....,-.
,',
~ayorPaulP.Partyka
~embers of the City Commission
November 27,2000
Page 7
of severance pay greater than thirty days under a definite tenn, written employment contract appears
to be reasonable based on the foregoing and should be given considerable weight.
1 trust this answers the City Commission's inquiry within the full context of existing legal
authority.
?'cere ,
~ ~
~thOny A. Garg~
City Attorney
AAG:kj
F:\DOCS\Cily ofWinler Springs\Legal Opinionslcily mgr severance