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HomeMy WebLinkAbout2001 11 12 Consent N Approval of October 8, 2001 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM N Consent X Informational Public Hearings Regular November 12.2001 Regular Meeting Mgr. / Dept. Authorization CONSENT N. Office Of The City Clerk Approval Of The October 8, 2001 City Commission Regular Meeting Minutes. ". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 8, 2001 I. CALL TO ORDER The Regular Meeting of Monday, October 8, 200 I of the City Commission was called to order by Mayor Paul P. Partyka at approximately 6:48 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 David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissi~ner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Mayor PartJ:ka awarded a special Proclamation to City of Winter Springs resident Dr. Carl Bilancione, who is one of the sixteen (16) contenders in the television show "Survivor - Africa." "Point of Privilege" by Commissioner Edward Martinez, Jr. who complimented the Winter Springs High School Chorus Department with their "Wizard oj Oz " presentation. Commissioner Martinez also commended Deputy Mayor David W. McLeod and his wife who personally made a generous contribution to the Winter Springs High School Chorus Department Jor this show. II. PUBLIC INPUT Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: passed out a letter and spoke of the Commission informing citizens about the progress, or any problems with the Tuscawilla Lighting and Beautification District. Discussion. Mayor Partyka asked City Manager Ronald W. McLemore, "What is the mechanism for reporting back or checking up on all of these things?" Manager McLemore stated, "It can be done in several ways. We can file a monthly report with you. That's nornlally what we would do. We can have a Workshop and bring everybody up to date. I have asked Kip [Lockcuff, Public Works/Utility Department Director] to bring forward a report on CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8. 2001 PAGE 2 OF 43 both of the Assessment Districts and address a number of issues at your next Meeting, and at that point in time - if you are unhappy with where things are, then we can move accordingly. But, if there is anything other than monthly reports that you would prefer, then 1 !1eed you to tell me that." UI. CONSENT CONSENT A. Public Works Department Requesting Authorization To Piggyback Off Of The Seminole County Contract For The Design Of The State Road 434/Tuskawilla Road Mast Arm Traffic Signal Replacement. CONSENT B. Public Works Department Requesting A Supplemental Appropriation Of $28,000 For Aerial Mosquito Spraying. CON3E:"IT C. Office Of The City Clerk Resolution Number 2001-42 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Lee Jensen For His Service On The Tuscawilla Lighting And Beautification District Advisory Committee. CONSENT D. Office Of The City Clerk Approval Of The Minutes Of The September 13, 2001 Special City Commission Meeting. CONSENT E. Office Of The City Clerk Approval Of The Minutes Of The September 17, 2001 Special City Commission Meeting. CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The September 24, 2001 Regular City Commission Meeting. Commissioner Cindy Gennell asked a procedural question about page twelve (12) of twenty-eight (28), "Does a Motion to Table take priority over a Motion that is already on CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8. 2001 PAGE 3 OF 43 the floor?" Commissioner Gennell added, "I would really like some clarification, if there is a Motion on the floor, if a Motion to Table actually takes precedence over an existing Motion that has been seconded." City Attorney Anthony A. Garganese responded, "The object of this Motion to Table - the object of the Motion is to postpone the Main Motion in such a way that at a future time it can be taken up when the assembly wishes rather at a specific time set in advance. " "MOTION TO TAKE THAT ITEM OFF THE TABLE." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMM!SSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Michael S. Blake then said, "How do we handle the Public Hearing Item that in the midst of a Motion, that was a Motion that was made and duly seconded, in the midst of discussion it was Tabled. How do we handle that situation, because it was a Public Hearing Item." Attorney Garganese said, "Administratively, we can go ahead and put together an Agenda Item, put it on the Agenda, notify the applicant to attend; we can even advertise and present it to the Commission. At that time you can take the Item off the Table and reconsider it - if you don't then we're stuck, and we have to wait for the City Commission to direct us when you want us to present it to you." IV. INFORMATIONAL INFORMATIONAL A. Office Of The City Manager Advising The City Commission Of The Upcoming Review For The City Manager. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8. 2001 PAGE 4 OF 43 INFORMATIONAL B. Parks And Recreation Department. Notifying The City Commission Of Cox Events Group/WMMO Radio Station's Cancellation Of The Fall Music Fest And Art Festival On Saturday, November 10, 2001, At Central Winds Park. Commissioner Martinez spoke for the record on this contract and issues dealing with contracts and money. Discussion followed on whether the City Attorney had reviewed the agreement. Attorney Garganese stated, "I reviewed the agreement when it was approved. I don't recall whether there was a provision in here that would permit them to cancel and then get a refund of their deposit. That is something that I would have to look into." Commissioner Robert S. Miller then said, "I would appreciate it if you would and bring it back to us as an Informational Item next time and also I think it might be worthwhile to review these things in the future, and make sure that both of us are getting the same consideration. Because if it is true that they could walk away anytime and we couldn't, we may want to change that approach a little bit in the future." MC:::1ager McLemore spoke about his concerns about whether we should be in such a positi~n. Mayor P3.rtyka said, "I need a Motion for the Informational Agenda to be approved." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For A Second Reading Of Ordinance 2001-49 That Would Establish A Procedure For The Appointment Of Alternate Board Members To Winter Springs Boards And Commissions. Attorney Garganese read the Ordinance by "Title" only. '. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8. 2001 PAGE 5 OF 43 Commissioner Gennell asked, "Did we ever get any inforn1ation back to us about whether this process is followed in any other communities?" Brief discussion. Commissioner Gennell then inquired, "Are the alternate Board Members - do they receive the same compensation as a regular Board Member?" Attorney Garganese stated, "It is not addressed in this particular Ordinance." Attorney Garganese then said, "I read Sectiun 2-41. of the Code as permitting the payment of $25.00 each time an alternate Board Member attends, and that's for reimbursement for all expenses incurred in attending the Meeting." Commissioner Gennell then asked about the top of page three (3), Item CD regarding doing a background check. Much discussion. Commissioner Martinez asked if the term of office should be changed to concur with Commissioner's terms. Further discussion. Commissioner Gennell then inquired, "Are we going to appoint one Member for each existing Member, or just two (2) Alternates for the entire Board." Attorney Garganese stated, "It's two (2) alternates for every Board." Commissioner Gennell clarified, "A person being an alternate is no guarantee that when a vacancy occurs that that alternate will aut'Jmatically step into that position." Attorney Garganese stated, "That's correct. There's no guarantee. Now, there is a guarantee in that if there is one regular Member l.lh~ent at a, particular Meeting, they will step up - the first alternate will step up and take that regular Member's place. Further, the way this Ordinance is structured, it doesn't affect the City Commission's current appointment process if it is specifically stated elsewhere in the Code." Commissioner Gennell then said, "I assume the first alternate Member refers to the first appointed, the one with the more seniority." Attorney Garganese stated, "That's correct." Discussion followed on what the terms of office for the alternates should be. Manager McLemore inquired of the Commission, "Do we keep it the way it is, or do we go to four (4) years basically?" Commissioner Miller said, "The way it is." Commissioner Blake said, "I'm fine with leaving the three (3) year terms if that is what it is, or a two (2) year term, if that is what it is." Commissioner Martinez stated, "Four (4)." Commissioner Gennell stated, "I kind of agree with the three (3)." Deputy Mayor David W. McLeod said, "As it is today or four (4)? I would say, 'As it is today. '" Regarding whether a one (1) year term should be implemented, Deputy Mayor McLeod said, l would have the same term as the rest of the Members." Commissioner Gennell said, "I'll go along with the three (3) years, the same as the Board Members." Commissioner Martinez stated, "I am in favor of the three (3) year term." Commissioner Blake said, "Mayor, I think they are right. I agree with that." Mayor Partyka summarized, "Given that, it's the same terms." Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8. 2001 PAGE 6 OF 43 No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'LL MAKE A MOTION THAT WE APPROVE THIS WITH THE DELETION OF ITEM Q.) ON PAGE THREE (3)." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Tape 2/Side B COMMISSIONER MARTINEZ SAID, "ITEM ~ WOULD NOT APPLY IF NUMBER Q.) IS TAKEN OUT." DISCUSSION ENSUED ON PROVISION~. MAYOR PARTYKA CLARIFIED THAT "THE MOTION IS TO APPROVE THIS MOTION WITH DELETING NUMBER TWO (2)." VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE Mo..:rION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE AGENDA ITEM 2001-49 WITH THE DELETION IN PARAGRAPH m THAT WE WERE JUST DISCUSSING ON THE - EVERYTHING AFTER THE BACKGROUND CHECK, IN OTHER WORDS, AT THE DISCRETION OF THE CITY COMMISSION, SO m WOULD READ, CONSENT TO A STANDARD CRIMINAL BACKGROUND CHECK." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka said, "This changes the whole way of picking nominations or picking nominees, is that correct, for all Boards?" Attorney Garganese added, "Unless otherwise provided elsewhere in the Code." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8. 2001 PAGE 7 OF 43 Commissioner Gennell inquired, "From now on, and at this point, are Boards going to be sent out a letter saying you are going to have to consent to this if you want to remain on the Board? This is now the City's Code." Attorney Garganese said, "As reappointment and new appointments, you can start implementing this new provision. I think it is a great idea to make sure you have a good Board Member application, and it sets for the requirements that are in the Ordinance, and just asks a question, and they check it off and they sign and submit it for reappointment and appointment as new Members, and that should take care of this whole Ordinance procedure in and of itself. I will get with the Clerk and help implement this." Attorney Garganese added, "It's one application and you just get the general information down and if it doesn't change over the course - from serving one term to the next, then it really doesn't need to be amended. They just simply send a letter for reappointment to a Board." Commissioner Gennell added, "So henceforth, any new appointments on any Boards that we have, we will fill out one form, the application, and then if it doesn't change after that, and there are subsequent terms, they just ask to be reappointed under the basis of their old application. Is that right?" Attorney Garganese said, "That would work - until information changes." Commissioner Blake asked, "If somebody is going to be appointed, say this evening, is that still possible, or do they have to go and fill these steps prior to being appointed; or is it more like they do federally where somebody is appointed and it then goes through a process of final approval?" Discussion on the implementation of this Ordinance and the Mayoral power of Veto followed. Mayor Partyka stated, "I still think that this person can be nominated today and still fall under the current Ordinance." PUBLIC HEARINGS B. Office Of The City Manager/Office Of The City Attorney Present To The City Commission Ordinance 2001-50 That Would Establish Additional Regulations Of Off-Premises Signs/Billboards. Attorney Garganese read Ordinance 2001-50 by "Title" only. Ms. Jimette Cook, Code Enforcement Division Manager, Community Development Department addressed the Commission and spoke of the locations of "Off-Premises Siens/Billboards," and stated, "Tuskawilla and 434, Schrimsher has a sign at the southeast comer. There is one on 434 going east across from Creek's Run. There is one at Springs A venue, across from Courtney Springs, and there is the final one near the Gre~neWay on the north side of 434, on the west side of the GreeneWay Interchange." Commissioner Gennell stated, "I need to call your attention to a fifth one, that's the one that Dittmer owns on the comer of Shepard Road and 17-92." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 8 OF 43 Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION TO MOVE ORDINANCE NUMBER 2001-50 TO THE THIRD READING - AS AMENDED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS C. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For Second Reading Ordinance 2001-02 That Would Regulate And Establish Procedures For Implementing The Issuance Of Citations For Violations Of Codes, Ordinances And Applicable Florida Statutes Relating To Unlicensed Contractors And Persons Failing To Obtain A Building Permit. Attorney Garganese read the Ordinance by "Title" only, and then said, "This Ordinance is a Second Reading and in addition to the Ordinance is a Resolution, Resolution 2001-43 which would adopt a citation form to implement the Ordinance if the City Commission adopts it this evening." Commissioner Blake asked about the adoption of this Ordinance. Attorney Garganese said, "As a precautionary note, I would hate to see the City be in a position of enforcing an Ordinance that was adopted by the Commission and then have the Mayor veto it." Commissioner Blake suggested, "I think we need to have the Attorney take a real careful look at what the Charter says and what the law says." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Puhlic Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 9 OF 43 "I MAKE A MOTION TO ADOPT ORDINANCE 2001-02." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOrION CARRIED. "I MAKE A MOTION TO ADOPT RESOLUTION 2001-43." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Manager McLemore then advised the Commission that "I would like to be able to respond to those issues that were placed before you a few moments ago relative to the TLBD. I asked Kip [Lockcuff] if he could do it. I would like to do it right away so those issues don't linger." Mr. Lockcuff addressed the Commission and informed the Commission of answers to resident Gene Lein's questions under "Public Input." Mayor Partyka said to Mr. Lockcuff, "Thank you again for that timely information." .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 10 OF 43 VII. REGULAR (NEW ITEMS FOR THIS AGENDA) C. Public Works Department Presenting The Hickory Grove Park Boulevard And Main Street Engineering Drawings. Mr. Lockcuff and Mr. Terry Zaudtke, Vice President, CPH Engineers, Inc. presented an update, along with what the bid procedure and construction schedule looks like to the City Commission. Commissioner Blake spoke about the street names and said that this does need to be done, "Let's name these things." Commisf;ioner Blake then stated, "I am really concerned with the school traffic, most specifically, and if we are utilizing Hickory Grove Park road as a detour and it does comes out to 434, there is no traffic control device at that point. Currently it is set up to be - you can't make a left turn getting out onto 434 which is going to create another problem in and of itself unless the construction on Tuskawilla Road will be such that, it will still be able to be utilized as a one way road, coming out - have we thought about that?" Mr. Zaudtke stated, "Yes, that's the direction by your Public Works Director." Commissioner Blake further asked, "Have we had any conversations Kip [Lockcuff], with the School Board or anybody at the school?" Mr. Lockcuff responded, "That's our next step." Tape 2/Side A Di::;~ussion followed on the pond and pilings. Deputy Mayor McLeod asked, "Have we done any core samples out there yet?" Mr. Zaudtke responded, "Yes, we have had soil samples done." Deputy Mayor McLeod further said, "And we've got good soil back there, and we're not going to hit muck? So when we start digging this thing we're not going to find that we're digging into the muck and we have got to go deeper than we anticipated." Mr. Zaudtke added, "No, we don't know of any." Further discussion regarding fencing was next discussed. Manager McLemore added, "I think we have to be careful about the way we design it, one for safety and second, to make sure that it is not a detriment to the Town Center." Deputy Mayor McLeod said, "I never understood this thing was going to be fenced." A handrail, instead of fencing was then suggested. Discussion. Deputy Mayor McLeod then asked, "What stops a child from crawling through that and dropping off into four (4) feet and into the water that is eight (8) feet deep, with no means of getting back up onto the side bank?" Manager McLemore said, "1 definitely think we need to do some more thought." Deputy Mayor McLeod added, "I think I would go back and reconsider." Deputy Mayor McLeod further said to Manager McLemore, "I think Ron, there is definitely some consideration should be taken to look at that - and maybe a means of an CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 11 OF 43 access to get out of that thing, if somebody should get in it." Deputy Mayor McLeod further said, "I am just concerned with the liability of what I am seeing on this set of prints. " Stamped asphalt was next discussed. Deputy Mayor McLeod asked, "Is the paver cost of that section versus stamped asphalt for the whole length? I think you get a better look for what you are trying to achieve if you did the pavers here, and/or a stamped concrete color, maybe at a better price - and a better look; and leave the center from where that stops now, down to Magnolia and asphalt and then brick again." Deputy Mayor McLeod added, "In the long ternl, maintenance-wise, I think you may be better off without stamped asphalt." Manager McLemore said, "We can certainly look at it some more." "TO DIRECT STAFF TO BRING US BACK COST ESTIMATES FOR THE DIFFERENTIAL BETWEEN WHAT THEY HAVE PRESENTED TO US, THAT BEING WITH THE STAMPED ASPHALT THE ENTIRE LENGTH OF TUSKA WILLA ROAD, VERSUS THE TWO (2) OTHER AL TERNA TIVES; ONE BEING STAMPED CONCRETE - COLOR IMPREGNATED CONCRETE AND THEN THE THIRD ALTERNATIVE IS BRICK PAVER - ALONG WITH THE ASSOCIATED DIFFICULTIES IN UTILIZING EACH OF THOSE TYPES OF PRODUCTS; WHETHER IT BE ROAD CLOSURES, TRAFFIC CONTROL, MAINTENANCE ISSUES, ETC.; AND IF WE COULD HAVE SOME SORT OF A PROJECTION - OF TEN (10) YEARS WORTH OF MAINTENANCE ON EACH OF THOSE AS WELL, OR MAYBE THERE IS NONE; MAYBE THE USEFUL LIFE IS EVEN LONGER THAN THAT, SOMETHING TO GIVE US AN IDEA OF WHICH WAY TO GO, AND IF WE COULD DO THAT BY THE NEXT MEETlNG." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE ADDED, "I AM CONCERNED ABOUT IF WE HAVE DIFFERENT COST FEATURES WITH EACH OF THESE PRODUCTS THAT WE SEE HOW THAT FITS IN WITH THE ENTIRE BUDGET OVERALL, OF WHERE WE NEED TO SPEND MONEY ON INFRASTRUCTURE IN THE TOWN CENTER, SO THAT - WE DON'T MAKE THE WRONG DECISION THAT CUTS US OUT OF DOING THE OTHER THINGS WE NEED TO DO." DEPUTY MAYOR McLEOD SAID, "I BELIEVE THE DORAN DEVELOPER PLANS TO HAVE A PAVER CIRCLE AROUND A FOUNTAIN AREA UP IN THE NORTHERN SECTOR; IT WOULD SEEM THAT WHATEVER WE ARE DOING IN THIS TOWN CENTER WHEN WE USED PAVERS, IF HE IS USING PAVERS, WE WOULD USE THE SAME PAVERS." DEPUTY MAYOR McLEOD THEN SAID, "I THINK YOU NEED TO FIND OUT WHAT THEIR INTENT IS AND I THINK YOU TRY TO SOMEWHAT STAY CONSISTENT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8,2001 PAGE 12 OF 43 DEPUTY MAYOR McLEOD ALSO SUGGESTED, "THE OTHER THING I BELIEVE YOU COULD DO IS PUT IT OUT TO BID AS IT IS AND THEN HAVE ADDENDUM ONE (1) AND ADDENDUM (2). ADDENDUM ONE (1) BEING STAMPED CONCRETE FOR THIS DISTANCE - WITHOUT STAMPED ASPHAL T. ADDENDUM (2) WOULD THEN BE THE - BRICK PAVERS - WHICH WOULD ALLOW YOU TO MOVE FORWARD NOW - AND THEN FROM YOUR BIDDING PROCESS WITH THE CONTRACTORS, WILL BRING BACK TO YOU THE TRUE COST OF THE DIFFERENCES, BETWEEN PAVEMENT, CONCRETE, AND BRICK PAVERS." Commissioner Blake stated, "Point of Order." Discussion on the Motion and the retention pond ensued. DEPUTY MAYOR McLEOD ADDED, "I ALMOST THINK THIS THING NEEDS TO COME BACK TO US. I THINK YOU HAVE A LITTLE BIT MORE TO BRING BACK TO US, PERSONALLY. YOU HAVE SOME SAFETY ISSUES THAT REALLY NEED TO BE ADDRESSED." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "Point of Order" by Commissioner Martinez who addressed this evening's Agenda. "I AM GOING TO MAKE A MOTION RIGHT NOW TO GIVE THE CITY MANAGJ~R THE AUTHORITY HE JUST ASKED FOR TO WORK OUT THE REDESIGN OF THE POND TAKING INTO ACCOUNT ALL OF THE ISSUES THAT WERE BROUGHT UP THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE ADDED, "...TO THE NEXT MEETING." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 13 OF 43 Commissioner Blake then said, "I just wanted to clarify that the Motion I made previous to this, discussing the pavers issues, I think Commissioner McLeod truly understood what I was trying to say in terms of trying to get the cost estimates and everything, and I think if we go the bid route, and do this by the addendum method, if that is what this is called, that that makes the most sense." .:..:. AGENDA NOTE: THE FOLLOWING DISCUSSION WAS HELD NEXT, AS DOCUMENTED. .:. .:. Attorney Chip Carrington for the James Doran Company addressed the City Commission regarding breaking ground and stated, "If we all push here, I think we could definitely see a groundbreaking next month. We're committed to that." Mr. (Chip) Carrington stated, "With respect to the kind of remaining impediments, we've got our wildlife study back, it's clear, not even gopher tortoises on the site; so that's good. We've got the first 'Mod' back from the City which we are thankful for in terms of being able to get that done at this point under our agreement with Kingsbury, we can go ahead and record that, the original agreement." Further comments were made on the planned groundbreaking for November. Mr. (Chip) Carrington then said, "What we really need, with respect to certain remaining items, we need to be able to see the light so we can then set the closing and the groundbreaking, and those items are: one, the entry signs, that's an issue that has been bounced around a fair amount, and everybody is working hard on that. Ron, suggested an idea late last week which I think is a good one - if we can't resolve the issue of the entry signs tomorrow, we've already drafted a proposed modification to the agreement which would allow for us to go ahead. We'd be assured that we would be able to put in those entry signs, but there would be a provision that those entry signs, the final design of them would be subject to approval by the City and that would allow us to get the thing closed, because one thing we have got to have knowledge that we have got those things because we've committed to give them to Publix before we close." A traffic study and full access at Hickory Grove Park Boulevard and State Road 434 was further commented on by Mr. (Chip) Carrington who stated, "What we're really trying to do I think with respect to the plans you saw tonight is simply accommodate for the potential for a full access there." Mr. (Chip) Carrington added, "Neither James Doran nor the City is obligated to convert that." Furthermore, Mr. (Chip) Carrington spoke about the sidewalk along Main Street who suggested that "One half of the sidewalk would be put in by the City and then the second half perhaps could be put in at the time, at an appropriate time, once the buildings are in place, and perhaps James Doran could put that sidewalk in and then be reimbursed by the City for that second half of the sidewalk along the building." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 14 OF 43 Deputy Mayor McLeod said to Mr. (Chip) Carrington, "Regarding the signage, what I just heard you say is that you can do an agreement with the City Manager at the present time, changing our contract. Manager McLemore said, "No, it has to come back to you, but what I had suggested was we agree that they can have entranceway features in an agreement, but we would not be forced to finalize what it looks like in the next two (2) weeks." Mr. (Chip) Carrington then said, "In the original conceptual site plan, in our view - you have agreed to three (3)." Deputy Mayor McLeod said, "In our view, we didn't." Mr. (Chip) Carrington then said, "What we're comfortable with is two (2) and not three (3), limiting it to two (2), and they would be described as entry signs, and then the design of them would be subject to review by the City." Mr. (Cnip) Carrington then stated, "I think it's fair, you would not be able to unreasonably withhold your approval of the design." Deputy Mayor McLeod added, "But this Commission has never said that there would be two (2) there." Deputy Mayor McL(;od further said, "And so far, we've said we don't approve it. We haven't approved anything for the Town Center." Additionally, Deputy Mayor McLeod said, "But I haven't heard of anything of approval of anything different than what is in the Ordinances. I think we told you, you had to come back for a Variance; and what I am hearing you say, you're coming back with a Developer's Agreement to do two (2)." Mr. (Chip) Carrington stated, "I guess to clarify what we're saying - that it wasn't anything other than the original Developer's Agreement - and that Developer's Agreement has attached to it the conceptual site plan - showing clearly three (3) monument signs." Mr. (Chip) Carrington added, "We have conceptual approval for three (3) monument signs." Deputy Mayor McLeod then stated, "That was never part of the Ordinance. I mean that is your opinion, maybe our Attorney's too, I don't know, but it has never been the opinion of this Council." Manager McLemore said, "My understanding from your prior direction was that you were agreeable to some forms of entranceway signage. You did not specify, in fact we basically ~aid we didn't like what we were shown. They have come back with some additional, some difference in concepts. I am certainly not happy with them, but I think it represents some progress. Now the only question is how are we going to resolve the issue of signage." Manager McLemore added, "We're bringing it forward to you to say 'Yes' or 'No.''' Tape 2/Side B Further discussion ensued on the situation with the signage. Manager McLemore stated,' "We have all said we will not accept a monument sign." Discussion. Mayor Partyka inquired as to when a groundbreaking might be planned, Mr. (Chip) Carrington stated, "We can't set a groundbreaking until all of these impediments - we have a deal with Publix showing two (2) signs. We have these other impediments." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 15 OF 43 Comlilissioner Martinez stated, "I am in agreement with Commissioner McLeod because - we can go back to the tapes, we can go back to the Minutes and will show that they presented a conceptual plan to us over here and we agreed to certain things, but we clearly put it on the record, clearly put it on the record that it was not binding upon this Commission. " Commissioner Gennell asked, 'What ever happened to the process they were going to go through for a Variance for these signs - that was out there and it was almost as far as I knew, agreed on, that that would be the vehicle that they would go about applying for these signs?" Discussion followed with Mr. (Chip) Carrington and a couple Members of the Commission wanting to know the City Attorney's opinion on this matter. Attorney Garganese stated, "I'll be happy to look at it and I will give you my legal position at a laV~r date, but right now I am not prepared to make it." Commissioner Blake, "I am simply not in favor of having Anthony or his firm spend time putting together a legal opinion." Mayor Partyka then polled the rest of the Commission as to whether it was the desire of the Commission to receive a legal opinion on this issue from Attorney Garganese. Commissioner Miller stated, "I don't think it is the right time." Commissioner Martinez responded by saying "No." Commissioner Gennell stated, "Yes, I think it is the right time." Deputy Mayor McLeod said, "Definitely, yes." Mayor Partyka summarized the poll by saying, "Not necessary at this point." Mayor Partyka thanked Mr. (Chip) Carrington for his comments. Mayor Partyka called a break at 9:23 p.m. The Meeting was called back to order at 9:39 p.m. by Mayor Partyka. .:. .~) AGENDA NOTE: THE FOLLOWING REGULAR (NEW ITEMS FOR THIS AGENDA) AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. VII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR A. Office Of The City Manager Requesting The Commission To Approve An Amended Contract With The Parker Brother's Regarding The Acquisition Of The Parker Tract. Attorney Garganese introduced this Agenda Item and stated, "There were a couple of changes that were made to the Agreement, I just passed those out. I received a hard copy of those at this evening's Meeting. Those changes are on pages one (1), two (2), and ten CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8. 2001 PAGE 16 OF 43 (10), and I highlighted the changes. With respect to the second 'Whereas' clause - simply inserting the word 'voting.' Paragraph 2. (c), there is a provision - that we included into the language and that is that the buyer, the City of Winter Springs shall not be liable for, or otherwise obligated to pay to the seller in cash, any portion of those amounts designated as a charitable contribution." Attorney Garganese then explained that "On page ten (l0), which is not in the copy that you have, and that is adding a second paragraph to paragraph number 19. This whole paragraph pertains to the CSX crossings currently, as part of a settlement agreement to a lawsuit. The Parker's have the ability to pick two (2) access points across the old CSX railroad crossing. Those access points have not been selected at this time. The second paragraph that will be added would give the City the right to get all the pertinent documents regarding those access points or the settlement agreement, and that the City would have the ability to select its' preferences for the physical location of those access points. " Commissioner Blake commented on the four million dollar ($4,000,000.00) price and the February date noted in the contract. Commissioner Blake said, "1 would like to see that date moved to March 1st Mayor, and put back into place, the thirty (30) day extension." Commissioner Gennell pointed out that on the extra document that on page ten (l0) of sixteen (16), the third line from the bottom on the right, the wording should say "the right to" instead of "to the right." This was acknowledged that it should be corrected. Discussion ensued on the four million dollar ($4,000,000.00) price and the February date noted in the contract. Members of the Commission were interested in hearing from the Parker's, who were in attendance. Mr. Steven H. Price, Esquire, 1420 Edgewater Drive, Orlando, Florida 32804: as the Attorney for the Parker family, he addressed the Commission and stated that in regards to the "Four million dollar ($4,000,000.00) value, which is an estimate, we do not have a narrative appraisal that has determined that. We have ordered a preliminary appraisal whicl: has given us that indication, but that's all it is, is an indication. And so for the sake of conversation and for purposes of contract with the City we have estimated it to be exactly that. I have no problem, in terms of the language and Commissioner Blake's concern on the first page, and have no problem with that request or alternatively to adding it as an estimate subject to our appraisal. I don't know what the City of Winter Springs intends to do as far as its own appraisal; clearly it has the contractual right to order it's own appraisal, but for the purposes of this sale, we would certainly be looking to our appraisal." Mr. Price then said, "If it is the Commission's will to either add 'Estimate' or add language which Mr. Garganese and I can get together - to add language saying that it is conditioned upon appraisal; we certainly have no objection to that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 17 OF 43 The Commission was polled by Mayor Partyka for their thoughts on this. Commissioner Miller said, "Let the Attorneys work it out." Commissioner Blake stated, "This is fine with one - and if you want to leave some discussion that based on a preliminary appraisal or something like that, it is estimated to be - I would suggest just the language of the difference between the actual narrative appraisal and 2.95 million dollars represents a charitable contribution." Tape 3/Side A Commissioner Martinez stated, "I am in agreement with the other twO." Commissioner Gennell stated, "Yes." Deputy Mayor McLeod said, "Yes, I agree with Commissioner Blake." Discussion followed on the closing dates, as noted on pages six (6) and seven (7). Mr. Price stated, "Right now, the Parker's feel that the February 8th was fine, that was what was agreed to, and the extension was also within the parameters of what the City indicated it was willing, and was able to work under." Discussion ensued with Mr. Price, Manager McLemore, and Members of the Commission. After conferring with his clients, Mr. Price then stated, "I'll offer this proposal that the Parker's are willing to do, just having discussed it here with them, that we keep the closing date of February 8t\ but we would be willing to extend the extension request period from ten (10) days to twenty (20) days." Mr. Price further stated, "I have no authority to go beyond what we have already offered in good faith today, which would be to extend the extension period another - ten (10) additional days for a total of twenty (20) days which would then push a closing conceivably to the end of the month." Mayor Partyka said, "If I could just summarize, basically from the Parker's standpoint it's still February 8th, but they are willing to go from the ten (10) days on this revised copy to twenty (20) days." Commissioner Blake stated, "It was thirty (30) days, so what this means is instead of cutting it to ten (10) days, they are willing to cut - to twenty (20) days." Discussion. Mayor Partyka further summarized, "Right now it's February 8th - and it has been changed to, from your standpoint, from ten (10) on this revised to twenty (20)." Tbe clarification of the date was further discussed. Deputy Mayor McLeod said, "Which would be February 28th." Additionally, Mayor Partyka said, "The position is February 8th - and a twenty (20) day extension." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'A' WITH ALL THE ANNOTATIONS AND AMENDMENTS APPROVED TODAY AND TO SET THE CLOSING DATE AS FEBRUARY 8TH, 2002 WITH A TWENTY (20) DAY EXTENSION, IF REQUIRED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 18 OF 43 VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mr. Price added, "We are, at Commissioner Blake's request going to be amending to indicate that the purchase price will be subject to an appraisal - to be obtained by the seller..." Mayor Partyka added, "...Subject to whatever you and - and Mr. Garganese- but yes, that's the Motion." Commissioner Blake added, "The cash portion of the purchase price is $2,950,000.00. The remainder of the purchase price is funded by a charitable contribution from the Parker's to the City of Winter Springs, whatever that remainder may be will be determined." Mr. Price added, "We are only amending the portion that designates four million ($4,000,000.00) dollars. Commissioner Blake then said, "And in no way, shape or form will the City have to expend more than $2.950,000.00 in terms of the cash payment." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR (CONTINUED FROM THE SEPTEMBER 24, 2001 REGULAR MEETING) AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. VI. REGULAR (CONTINUED FROM THE SEPTEMBER 24, 2001 REGULAR MEETING) REGULAR G. Parks And Recreation Department Requesting The City Commission To Establish A Date For A Workshop On The Petition To Consider A Public Swimming Pool For Winter Springs. Mr. Chuck Pula, Parks and Recreation Department Director introduced this Agenda Item. ComlYlissioner Blake stated, "I am not in favor of holding this Workshop at this point in time. I think if the School Board and the County wanted to come to us and have a discussion of a joint effort, I think that would be a worthwhile discussion to have." Commissioner Gennell stated, "Yes, I want to see us have the Workshop for it. I think it's a good time in January, it would be the new year and would give the Staff time to explore the possibilities and the potential with the School Board, and so forth." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 19 OF 43 Deputy Mayor McLeod said, "A School Board Member seemed to be somewhat in favor of talking to us about a joint venture on it - so I think that should be addressed, at least talk to them - and directly to the School Board Members. But, I believe it should be part of the overall study that we are going to conduct for this property, for its build-out, for what we are going to do with that property, rather than a separate entity study." Deputy Mayor McLeod further stated, "I do believe it needs to be part of the overall study; I just don't believe it needs to be a separate Workshop." Commissioner Miller said, "I think that we need to look at this now. I don't think it is a waste of time." Commissioner Miller then said, "I don't think it is going to hurt at all to discuss the merits of this at the same time; maybe even look at it as a corollary for discussion with the School Board. But, I definitely support having a Workshop." Commissioner Martinez added, "I think I would be in favor of you and the City Manager contacting the School Board and come back to us with some kind of a response at which time we could set up ajoint Workshop to discuss the matter, if they are willing to." Mayor Partyka stated that the consensus of the Commission was "Three-two (3-2) for a Workshop to be scheduled sometime in January. Right - and part of the Workshop is getting everybody together." Commissioner Gennell stated, "I don't think that necessarily having a Workshop on the pool issue precludes it becoming a part of the overall park plan for the City, so I don't think they are mutually exclusive. I don't think that we need to wait and have a joint meeting with the School Board, until we have had a meeting with our own citizens and hashed it all through. I agree that it is a good idea to explore what is out there with the School Board, but I don't think we have to wait until they are ready to meet with us jointly until we can address it." Mayor Partyka stated, "On this Workshop, do we want this to have people from the School Board, or anybody else?" Commissioner Miller said, "I think it ought to be announced. If the School Board wants to come and listen, sure. If the School Board wants to join us in this, I think that would be fantastic. If they don't, I think we need to press on with a very serious analysis of doing it on our own." Commissioner Blake stated, "If the County and the School Board are going to be involved, then I would entertain the idea of having a Workshop; if not, then I would not." Commissioner Martinez responded, "Ditto." Commissioner Gennell said, "Yes, Mr. Mayor I would request that the City Manager includes in the appropriate issue of the Insider, the announcement of this Swimming Pool Workshop." Regarding whether members of the School Board should be involved in this Workshop, Commissioner Gennell stated, "Sure." Deputy Mayor McLeod commented, "I would say definitely involve the School Board. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 20 OF 43 Commissioner Gennell then said, "Lake Brantley High School's pool was built on a three way thing, with Altamonte Springs, the Tourist Development Council, and the School Board. So, we may also want to include that." Mayor Partyka said to Mr. Pula, "I think we are ready on this Workshop, I think that is all we want here. It's going to be in January, you pick the date, whenever it is appropriate." REGULAR H. Parks And Recreation Department Requesting The City Commission To Discuss The Conceptual Master Planning Of The Expansion Of Central Winds Park. Note: At the request of the City Commission, this Agenda Item was asked to be transcribed verbatim. Mr. Pula: ".. .Seeking your direction on this, based on discussing several different options... " Manager McLemore: "...I am ignoring you." Commissioner Gennell: "We're working down here." Manager McLemore: "Okay." Mr. Pula: "The master plan for the expansion of Central Winds Park which is the Parker property, some of the options that we've suggested here is establishing a Park Committee or Park Expansion Committee, possibly made up of the sports leagues representatives and others that you would select to be on that Committee to review the - you know review the various aspects of the development of that property and bring - make recommendations and to bring them to you. Staff has gone out and solicited proposals for a master plan of the park which you have in your package there from 'Starmer Ranaldi' and also from 'Michael and Associates.' Both of these firms have done work for the City before, for your consideration and again there are several implications of that of your selecting a finn or of establishing a Committee that could actually - proposals from these firms and then select a firm, or recommend a firm to you. I'm just trying to st:t-k some direction on where to go with this. Would you want to continue to move this along as we go through the process so that hopefully we will have something up on those fields and be operational within two (2) years?" Mayor Partyka: "Okay. You want this Commission eventually to pick which one of these two (2) design firms to start this process right?" Mr. Pula: "Well, that's just one (1) option..." CITY OF WINTER SPRiNGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 200\ PAGE 2\ OF 43 Mayor Partyka: ".. .Okay. City Manager." Manager McLemore: "Expedite is the word. We have only a short window where we have another facility to house people. We need to move along very quickly and obviously there's a tremendous - of enthusiasm in the community. We need to involve those people in my opinion right away in a process that continues to make this real. Agail~, you have two (2) firms, both that have knowledge of that property. One again is Bill Starmer who has knowledge of that property already; and you have the other firm who has a tremendous amount of that knowledge of that property because they did a lot of the original work on the Trail and was part of the rationale, they were of the setting that property aside initially and did, and has done the work relative to the Trail Head. So, you've got two (2) people here who know this property, can jump on it right away and get this process moving without wasting you know, sixty (60) or ninety (90) days in some kind of a comparative process for services that are way under the threshold - so what we are asking you to do is pick a firm or let us pick it and then we would like to get some names from you of people that would be on the advisory group with us, and hopefully in sixty (60) days or ninety (90) days come back with a good strong master plan for you to look at." Mayor Partyka: "Okay. Really, a question, you don't need this Commission to pick the desj.gn permits, that's within your threshold isn't it?" l'vfanager lvfcLemore: "Well, technically I could do it, but I think it is one of those things where I would be more comfortable if you would tell me, go do what you want to do, that's fine. But, I think it should be one (1) of these two (2). Mayor Partyka: "Okay." Manager McLemore: "I mean we're not designing huge buildings, this is a very simple project that has a very minimal of brick and mortar in it." Mayor Partyka: "Okay. Which one is your recommendation of the two (2)? ... That's why he is the City Manager." Manager McLemore: "Well, if you have - I would probably lean toward the other group rather than - the Michael Design Group to be honest with you. Because, I think that they tcr.u to be an environmental firm much more, they are familiar with - very much - have done a lot of work with Trails and a lot of quite frankly, landscape design work that I like. Not that I don't like some of the things that Bill has done, but I think that - I don't think you could lose either way. I would just - for this project, I tend to lean toward them. " Mayor Partyka: "Okay. All right. Okay. Ready in order, Commissioner Martinez first. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 22 OF 43 Commissioner Martinez: "Well, City Manager, even though that the expenditures IS below what you're authorized, is this an Item that should have been put out to bid?" Manager McLemore: "No." Commissioner Martinez: "Okay. Because I just didn't want the City of Winter Springs to ~e known as the Winter Springs by Ranaldi, you know what I mean. And I think that this i:; an Item that certainly would take a lot more time to discuss. There are many ramifications involved here than we have the time to discuss here tonight. We still have three (3) or four (4) Items from the old Agenda to review or to approve or pass on, so I don't know what the Commission wants to do but you know and it's always been the case that this is not going to end in fifteen (15) minutes, or a half hour. Thank you." Manager McLemore: "Oh, 1 think it could." Commissioner Martinez: "Tell us what you want." Mayor Partyka: "Commissioner, Commissioner Blake." Commissioner Blake: "Mayor, I would be willing to make a Motion to allow the Manager to pick the firm that he desires and go forward with this as long as the price is the same, the lowest bidder." Commissioner Martinez: "Second." Mayor Partyka: "There are other Commissioners that wish to speak unless they. . ." Commissioner Blake: "...1 would be willing to do..." Mayor Partyka: ".. .Unless - unless they are willing to agree with that. Okay. No. Okay. No, we voted - this Commission voted to wait until everybody has commented. Okay. All right, Commissioner McLeod." Deputy Mayor McLeod: "Was there a Motion made there?" Commissioner Martinez: "Yes." M{1yor Partyka: "He would like to make the Motion but there are other people that want... " CommisslOner Blake: "...I wasn't recognized..." Mayor Partyka: "...Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 23 OF 43 Deputy Mayor McLeod: "Oh, okay. All right, so basically, what you're wanting really from us is one of the two (2) guys here..." Manager McLemore: ".. .Yes..." Deputy Mayor McLeod: ".. .And then I heard the - the thing that you are going to do on the rest of the plan over there is to put the group together to - decide what gets done with it." /vfanager McLemore: "Well, we are going to bring you some names, but you are going to choose them." Deputy Mayor McLeod: "Well, and I understand that and I hope there is also names that are identified, not the name, but the sport that they normally represent." Manager McLemore: "Right." Deputy Mayor McLeod: "Okay. Because I - the problem - I don't want to see it all weighed to baseball, I don't want to see it all weighed to soccer. It should be one from those leagues, one from swimming and somebody from tennis and somebody from other things, you lmow there are other interests in the City so I mean that is what we should really make sure that all parties have an opportunity to discuss those issues." };[Clager McLemore: "Well, we'll bring you a number of names which is not by any means an exhaustive list, just so, and we'll maybe try to do that by the next Meeting Chuck, just so we can get a group appointed." Commissioner Martinez: "You may want to include some lay people there. .." Deputy Mayor McLeod: ".. . Sometimes it's..." Commissioner Martinez: "... Give everybody an opportunity. . ." Deputy Mayor McLeod: "...I don't want to see us load this thing on one side of the spectrum that you know the people that have other opinions have no chance at it. - It all- needs to be equal okay. And that's all I had to say." Mayor Partyka: "Okay. Commissioner Gennell." Commissioner Gennell: "Okay, first the easy part. 'Michael Design,' I have worked with them a lot. They do good work. I totally support using them. Now, what exactly are we hoping to accomplish here by having one Agenda Item relative to this parcel of property, relative to the swimming pool, relative to the whether or not we mayor may not consider having one in January, and the next Agenda Item here is something that's to move along in two (2) and four (4) and six (6) weeks, on that piece of property, that is not CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8,2001 PAGE 24 OF 43 going to be taking into consideration the prevIous Agenda Item. There's something wrong with this timing here I think." Manager McLemore: "Well..." Commissioner Gennell: "...1 would think either we move forward Item 'G,' or we hold Item 'H' after Item 'G,' chronologically speaking..." M(1nager McLemore: "... Can I respond?" lyfayor Pavtyka: "Yes..." Manager McLemore: "...If! understand your question I think you're making - there has to be a necessary correlation between the pools and design of that. .." Commissioner Gennell: ".. . Yes, surprise, surprise!" Manager McLemore: "And, and we can - we can have a couple of plans that provide - all we are doing is a master plan, we're not designing anything in detail. What we have to do - our obligation to the people that voted on this - they didn't vote on pools, they voted on soccer fields, baseball fields and those other field things that were in there. . ." Commissioner Gennell: "... And what else..." Deputy Mayor McLeod: ".. . And other..." Commissioner Gennell: ".. . And other recreational things..." Manager McLemore: "...1 understand - I understand. I wrote the language along with the Attorney, I know exactly what we meant. We never meant pools, we meant other things related to those kind of things.. ." Commissioner Gennell: ". ..Let me help you out here." ?: "B ut. .. " Mayor Partyka: ".. .All right. All right. Please, please. Let's..." Manager McLemore: "...It can be read that way." Mayor Partyka: "Let's..." Manager McLemore: ".. .If that's what you want, we'll do that." Commissioner Gennell: "Well, let me help you out here." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 25 OF 43 Manager McLemore: "Yes." Commissioner Gennell: "I have been here almost nine (9) years, and I hate to tell you how many times somebody has tried to shove something through saying, well, we're only going to do this so don't worry. Don't worry, we're only going to - it doesn't matter..." Manager McLemore: "... Well, let me try..." Commissioner Gennell: ".. .And then later, oh well we already did that. If that's what you are trying to do, just stop." Manager McLemore: "Well, can I finish?" Commissioner Gennell: "Yes." Manager McLemore: "Okay. Again, the goal is to have the soccer fields, the baseball fields, football fields, all those things ready within two (2) years. That's what we told people we would do, that's what we should do. Now, if you want to spend six (6) months studying a pool. I don't think we should hold that process up. I think we need to go on forthrightly right now and do the master planning of that property. We can set aside in the master plan an area to put the pool and if it becomes an eventuality, but don't ask me to wait until sometime in March to start the planning process for something we've got to put on line, you know, twelve (12) months later." Commissioner Gennell: "Who said March? You were - this request in Item 'G' is for JaP1lary, right. And that was requested by your Staff - we didn't - we didn't do that..." Manager McLemore: ". .. What would you think you are going to accomplish on that night?" Commissioner Martinez: "Nothing, as usual." Manager McLemore: "In that Workshop? You are going to make one (1) or two (2) decisions. Yes, we want to go forward for more detail planning or no, we are not going to do anything." Commissioner Gennell: "Probably gather information..." Manager McLemore: ".. . And then, before - right, and before you ever get to any final decision about a pool, the window opportunity for getting this project built and on line, the two (2) years will have gone by." COff/missioner Gennell: "So, it will go two (2) years and three (3) months." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 26 OF 43 Manager McLemore: "We are talking about a space on a plan to put a pool. That's all we are talking about, that's all we're doing - a master plan. We don't have to wait three (3) months or six (6) months to master plan an idea that where a pool should go on this site, we really don't." Commissioner Gennell: "Then we can have this part of the Minutes done verbatim tonight can't we, so that this is very specifically in the Minutes." Manager McLemore: "What is..." Commissioner Gennell: "...Just the - the reference to setting aside possibly setting aside a portion of this property for a pool, for other use." Manager McLemore: "If this Commission says by gosh, that pool must - that master plan must have regardless of what your Advisory Group says, a place set aside for a pool is going to have a place set aside for a pool." Commissioner Gennell: "Good, and we can have that - have the Minutes of this section, this subject verbatim. That's that." Manager McLemore: "For you, I was..." Mayor Partyka: ".. .All right, all right, okay, we are getting out of hand here. All right, first of all..." Commissioner Gennell: "...I had the floor and I was making my point. That's alL." Mayer Partyka: "...1 agree with you. I have no problem with that. Now are you serious about this verbatim - minutes? I don't..." Commissioner Gennell: "... This section, this portion..." Mayor Partyka: ".. . Okay, Commissioner's, do you want to do this, a verbatim portion? Okay, Deputy Mayor McLeod. I'll go from your side. Just to change it around." Deputy Mayor McLeod: "Does this mean it could also be a tennis court?" Mayor Partyka: "It could be anything." Commissioner Gennell: "Yes." Mayor Partyka: "All we are looking is - verbatim Minutes that's all." Deputy Mayor McLeod: "On this topic? Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 27 Or: 43 Mayor Partyka: "Commissioner Martinez?" Managa McLemore: "The City Attorney wants to talk..." Commissioner Martinez: "...Well, for the sake of moving this along, I will say yes, but I think that remembering what you said is sufficient because...." Mayor P..1rtyka: ".. .Okay..." Tape 3/Side B Mayor Partyka: "...It's already there, it serves specific purpose. Okay. Verbatim Minutes Andrea. Handle it. Okay, anything else?. ." Commissioner Martinez: ".. .All the Minutes..." Mayor Partyka: "...I know - she is - believe me - she understands.. ." Manager McLemore: "...I tell you what I am going to do. When we come back to you with the Advisory Committee, I am going to do it in the forn1 of a Resolution and it will han in there that part of the function is to make sure that there is a place for a pool." Deputy Mayor McLeod: "That's not necessary, the advisory committee may not..." Manager McLemore: "...A pool..." Mayor Partyka: ". ..Okay, okay, all right. We do this all the time when it gets to that- okay. You still have the floor Commissioner Gennell. Okay." Commissioner Gennell: "No thank you, I'm done." Mayor Partyka: "Okay, Commissioner Miller." Commissioner Miller: "The Expansion Committee that you are talking about, I would like to sce thc people that Commissioner McLeod mentioned, and I mean, I will come with a list in the next couple of days and send a copy to everybody, but I do believe we need a cross section. I'm not interested in seeing just little league and the football teams; if we need others, everything needs to be put out on the table for consideration. The second pc.int is, it concerns me when the City Manager is all of a sudden in a big hurry to get all of this done in sixty (60) days, otherwise we are not going to get it done in the next two (2) years, and I have some concerns about that. I would like to see a schedule put together at our next Meeting, an Information Item on when all these things might or would have to be done to have operational fields in play in whatever it is that you intend to have them in play. If you are going to have them in place six (6) months from now, then yes, we need to do something tomorrow; but if it going to be eighteen (18) months CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 28 OF 43 from now and you know it's going to be eighteen (18) months, then I think we need to have a schedule that shows what we are really looking at here.. ." Commissioner Martinez: ".. .Give it up." Commissioner Miller: "I realize that a swimming pool may be an expensive proposition but I don't think we are really going to know what the public's input is on this until we have a Workshop." Commissioner Martinez: "MOTION TO EXTEND FOR AN HOUR..." Mayor Partyka: ".. .Let Commissioner Miller finish please." Commissioner Martinez: "He can't, he is going to keep talking, it is eleven o'clock." Deputy Mayor McLeod: "SECOND." Mayor Partyka: "Commissioner Miller, you still have the floor." Deputy I'vlayor McLeod: f'Call the rol1." hIe/or Partyka: "Go ahead." Commissioner Miller: "You know Commissioner Martinez has made about. .." Commissioner Martinez: "... I am giving you a chance to. .." Mayor Partyka: ".. .Just a minute, please..." Commissioner Miller: ".. .Four (4) or five (5) abrupt outburst here this evening, and I am not sure if it's because he is suffering from artificial hardening of the arteries of the cranium but - you know - it's not going to make any big difference..." Commissioner Martinez: "...I am trying to give you time to continue. . ." Mayor Partyka: ".. .Okay. Just a minute. Okay. Okay. Commissioner Martinez please. Commissiuner Gennell: "Call the roll." Mayor Partyka: "All right. Just a minute. No. Now..." Commissioner Miller: "...I have nothing further to say." Mayor Partyka: "Please. Okay. Commissioner Miller, I apologize. You had the floor. All right, now." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8,2001 PAGE 29 OF 43 Commissioner Miller left the dais at approximately 11:01 porn.. Commissioner Martinez: "Mayor, 'Point of Order.' When it reaches eleven 0 'clock, aren't we supposed to ask for an extension, regardless of who is talking?" Commissioner Blake left the Commission Chambers at approximately 11:01 p.m.. Mayor Partyka: "My - my clock does not show 0"" CommissIOner Martinez: "... No, we go by that clock." Mayor Partyka: "No, I look at this one, this is like the official one, all right." Commissioner Martinez: "Well, let's get the record straight..." Mayor Partyka: ".. .Now. Now, I am looking for a Motion to - I am looking for a Motion to adjourn, or extend." Commissioner Martinez: "I ALREADY MADE A MOTION TO EXTEND FOR AN HOUR." Mayor Partyka: "Okay, is there a..." Commissioner Martinez: "'0 . We haven't finished the last.. . Mayor Partyka: "...Is there a second?" Deputy Mayor McLeod: "SECOND." [DISCUSSION] Mayor Partyka: "SECOND. CALL THE VOTE PLEASE." Ms. Andrea Lorenzo-Luaces, City Clerk: "DEPUTY MAYOR McLEOD?" Deputy Mayor McLeod: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER MARTINEZ?" Commissioner Martinez: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER GENNELL?" Commissioner Gennell: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER BLAKE?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 30 OF 43 Commissioner Blake: [Was not present for the vote] City Clerk Lorenzo-Luaces: "COMMISSIONER MILLER?" Commissioner Miller: [Was not present for the vote] Mayor Partyka: "COMMISSIONERS?" Commissioner Martinez: "IT'S A MAJORITY VOTE RIGHT HERE. IT PASSES." Mayor Partyka: "WELL, THEY ARE HERE. THEY ARE HERE." Commissioner Martinez: "BUT THEY ARE NOT PRESENT." Mayor Partyka: "THEY ARE HERE. COMMISSIONER BLAKE? COMMISSIONER MILLER? THEY ARE HERE. COULD YOU GET THEM, WHEREVER THEY MAY BE. WHAT HAPPENED TO THEM?" Commissioner Martinez: "YOU GOT THEM UPSET." Commissioner Gennell: "THEY ARE BOTH IN THE BACK, SO..." Commissioner Martinez: "...NO, BLAKE WENT THAT WAY." Commissioner Gennell: "DID HE?" Mayor Partyka: "WE NEED YOUR - WE NEED A SUPERMAJORITY TO EXTEND." Commissioner Miller returned to the dais at approximately 11 :02 p.m. Commissioner Martinez: "HEY, BOB, I APOLOGIZE, I WAS..." Commissioner Miller: "...1 AM GOING TO... Commissioner Martinez: "...1 WAS TRYING TO GIVE YOU MORE TIME." Commissioner Miller: "I - AM GOING TO SAY - I AM GOING TO MAKE A VERY BRIEF ANOUNCEMENT HERE. OUT OF ALL OF THE PEOPLE ON THIS PODIUM, YOU KNOW I PROBABLY TAKE UP FIVE PERCENT (5%) OF THE TIME IN DISCUSSIONS, AND IT URKS ME WHEN SOMEONE STARTS INTERFERING WITH THAT LOUSY FIVE PERCENT (5%) THAT I, YOU KNOW, WHEN I AM MAKING THAT COMMENT, IF YOU KNOW, IF SOMEONE DOESN'T THINK THEY ARE APPROPRIATE, THEN JUST BITE YOUR TONGUE." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 I'AGE310F43 Commissioner Miller: "I WILL VOTE TO EXTEND THE MEETING." MOlTON CARRIED. Mayor Partyka: "At this point, it make no difference if Commissioner Blake is here or not." Commissioner Blake returned to the Commission Chambers at approximately 11:03 p.m. Mayor Partyka: "It is extended for one (I) hour. Continue. Okay, at this point, Commissioner - we are looking for some kind of action here." Commissioner Gennell: "Is Commissioner Miller done?" Mayor Partyka: "Yes. Anyone." Commissioner Gennell: "Okay, which Item are we on?" /v[ayor Partyka: "This same one, on 'H. ", Commissioner Gennell: "The same one? Okay." Mayor Partyka: '''H.' Commissioner Martinez, you have your light on. You have your light on, Commissioner Martinez." Commissioner Martinez: "What was it Commissioner, Item 'H.'" Commissioner Gennell: "Do you want me to do it, we are still on the expansion, the - 'H. ,,, Commissioner Martinez: "Oh no, I don't want - I already said what..." fvkyor Partyka: ".. .All right, anybody? What do we want to do?" Commissioner Gennell: "The City Manager said that he can do it at his discretion." Commissioner Gennell: "I MOVE THAT WE AUTHORIZE THE CITY MANAGER TO ENGAGE THE SERVICES OF MICHAEL DESIGN GROUP FOR THE CONCEPTUAL MASTER PLANNING AND EXPANSION OF CENTRAL WINDS PARK AND THAT WE HAVE - THEM FOLLOW THE PROCESS THAT IS OUTLINED HERE IN ITEM NUMBER 1., 2., AND 3. CAN WE DO ALL THREE (3) OF THESE TOGETHER RON?" Manager McLemore: "MA'AM?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 32 OF 43 Commissioner Gennell: "ALL THREE (3) OF THESE TOGETHER?" Commissioner Martinez: "YOU HAVE GOT TO DO ONE OR THE OTHER." Commissioner Gennell: "NO, I DON'T THINK SO." Mayor Partyka: "HOWEVER YOU WANT TO MAKE YOUR MOTION." Manager McLemore: "I'M NOT SURE I UNDERSTAND WHAT YOU ARE ASKING." Commissioner Gennell: "OKAY. ON AGENDA ITEM 'H'..." Manager McLemore: "...YES." Commissioner Gennell: "MY MOTION IS TO AUTHORIZE YOU TO ENGAGE MICHAEL DESIGN GROUP FOR THE..." Manager McLemore: "...RIGHT..." CommisslOner Gennell: "...CONCEPTUAL MASTER PLANNING AND EXPANSION OF CENTRAL WINDS PARK." AND YOU WANT US TO INCLUDE THESE THREE (3) ITEMS AS YOU HAVE THEM OUTLINED HERE? IN OTHER WORDS, DOES - THAT SHOULD INCLUDE ESTABLISHING A CENTRAL WINDS PARK EXPANSION COMMITTEE MADE UP OF SPORTS LEAGUES, REPRESENTATIVES AND OTHER CITIZENS. " Manager McLemore: "OKAY." Commissioner Gennell: "OKAY. NUMBER 2. IS ALREADY COVERED IN MY MOTION; AND 3. IS PRECLUDED BY THE MOTION, SO THAT'S MY MOTION." Mayer Partyka: "ALL RIGHT. IS THERE A SECOND TO THAT?" Commissioner Martinez: "SECOND." [DISCUSSION] Mayor Partyka: "ANY FURTHER DISCUSSION? COMMISSIONER McLEOD?" Deputy Mayor McLeod: "OKAY..." Mayor Partyka: "OKAY?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 33 OF 43 Deputy Mayor McLeod: "THEN WHAT THAT MEANS - THAT ACCORDING TO 1. AND 2., THAT WE ARE GOING TO GO AHEAD AND PICK THE - THE COMMITTEE AND THEN THE COMMITTEE IS GOING TO CHOOSE THE DESIGN GROUP AND GIVE RECOMMENDATIONS BACK TO THE COMMISSION. IS THAT CORRECT?" Manager McLemore: "NO, THAT IS NOT WHERE WE WANT TO GO." Commissioner Gennell: "NO?" Deputy Mayor McLeod: "ISN'T THAT WHAT IT SAYS?" Nkflager McLemore: "THAT'S NOT WHAT I WANT." Deputy Mayor McLeod: "IS IT WHAT IT SAYS?" Commissioner Gennell: "I DON'T THINK THAT'S WHAT IT SAYS." Deputy Mayor McLeod: "THE CITY MANAGER COULD ESTABLISH CENTRAL WINDS EXPANSION COMMITTEE MADE UP OF SPORTS LEAGUES, REPRESENT A TIVES AND OTHER INTERESTED CITIZENS. THESE CITIZENS WOULD MEET ON A REGULAR BASIS IN PUBLIC MEETINGS, THROUGH THE MASTER PLANNING PROCESS AND MAKE A RECOMMENDATION FOR THE DEVELOPMENT TO THE CITY COMMISSION. THAT'S ONE. TWO, THE CITY COMMISSION COULD NOW SELECT THE MASTER PLAN DESIGN SERVICE PROPOSAL OR ALLOW THE COMMITTEE ONCE IT IS FORMED TO INTERVIEW AND RECOMMEND TO THE COMMISSION A FIRM TO PROVIDE THIS SERVICE..." Commissioner Martinez: "...WE DID THAT..." Deputy Mayor McLeod: "...SO, THERE ARE A COUPLE OF OPTIONS IN EACH ONE..." Commissioner Gennell: "...THERE ARE, YES..." Deputy Mayor McLeod: "...IN ONE, AND IN TWO." Commissioner Gennell: "YES." Deputy Mayor McLeod: "SO I WAS JUST ASKING FOR CLARIFICATION ON THE MOTION." CO/.>1f'lissioner Germell: "MY MOTION..." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 34 OF 43 Commissioner Martinez: "...RECOMMENDED A SPECIFIC..." Commissioner Gennell: COMPANY..." "...MY MOTION RECOMMENDED A DESIGN Commissioner Martinez: "...YOU DID, YOU DID THAT." Commissioner Gennell: "AND RECOMMENDS THE ESTABLISHMNET OF A CENTRAL WINDS PARKS EXPANSION COMMITTEE, MADE UP OF SPORTS LEAGUE, REPRESENT A TIVES AND OTHER CITIZENS AND THERE - AND THEY WOULD WORK WITH THE MICHAEL DESIGN GROUP. AND, THAT WOULD ALSO ULTIMATELY INVOLVE ONE OR TWO (2) - PUBLIC COMMUNITY MEETINGS, I ASSUME." Manager McLemore: "WELL, WE - WE WILL - THAT COULD - YES..." Commisswner Gennell: "... YES." Manager McLemore: "YES. BUT WE WILL DO WITH THE CITIZENS THOUGH IS WORK WITH THE CITIZENS TO BRING A PLAN TO YOU..." Commissioner Gennell: "... YES." Manager McLemore: "HOW YOU WANT TO EXP AND, THAT WOULD BE A DECISION YOU MAKE." Commissioner Gennell: "OKAY. THAT'S MY MOTION. IS IT CLEAR? DO YOU W ANT ME TO DO IT AGAIN?" Deputy Mayor McLeod: "WELL I THINK - NO, I THINK UNDER THE - MY LIGHT IS ON, BUT UNDER THE SCHEDULE OF THE FEES, PART OF THE FEES DOES SAY PUBLIC MEETINGS, FOUR (4) OF THEM." Manager McLemore: "OH, THERE ARE DEFINITELY..." Deputy Mayor McLeod: ".. .AT TWO (2) HOURS..." Manager McLemore: ",. .MEETINGS. I THINK ..." Deputy Mayor McLeod: "...OKAY." Manager McLemore: "I THINK WE'RE TALKING ABOUT MEETINGS WITH THE ADVISORY GROUP." Deputy Mayor McLeod: "OKAY." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 34 OF 43 Commissioner Martinez: "...RECOMMENDED A SPECIFIC..." Commissioner Gennell: COMPANY..." "...MY MOTION RECOMMENDED A DESIGN Commissioner Martinez: "...YOU DID, YOU DID THAT." Commissioner Gennell: "AND RECOMMENDS THE EST ABLISHMNET OF A CENTRAL WINDS PARKS EXPANSION COMMITTEE, MADE UP OF SPORTS LEAGUE, REPRESENTATIVES AND OTHER CITIZENS AND THERE - AND THEY WOULD WORK WITH THE MICHAEL DESIGN GROUP. AND, THAT WOULD ALSO ULTIMA TEL Y INVOLVE ONE OR TWO (2) - PUBLIC COMMUNITY MEETINGS, I ASSUME." MC'nager McLemore: "WELL, WE - WE WILL - THAT COULD - YES..." Commissioner Gennell: "... YES." Manager McLemore: "YES. BUT WE WILL DO WITH THE CITIZENS THOUGH IS WORK WITH THE CITIZENS TO BRING A PLAN TO YOU..." Commissioner Gennell: "... YES." Manager McLemore: "HOW YOU WANT TO EXPAND, THAT WOULD BE A DECISION YOU MAKE." Commissioner Gennell: "OKAY. THAT'S MY MOTION. IS IT CLEAR? DO YOU WANT ME TO DO IT AGAIN?" Deputy Mayor McLeod: "WELL I THINK - NO, I THINK UNDER THE - MY LIGHT IS ON, BUT UNDER THE SCHEDULE OF THE FEES, PART OF THE FEES DOES SAY PUBLIC MEETINGS, FOUR (4) OF THEM ." ManagerMcLemore: "OH, THERE ARE DEFINITELY..." Deputy Mayor McLeod: ".. .AT TWO (2) HOURS..." Manager McLemore: "...MEETINGS. I THINK ..." Deputy Mayor McLeod: "...OKAY." Manager McLemore: "I THINK WE'RE TALKING ABOUT MEETINGS WITH THE ADVISORY GROUP." Deputy Mayor McLeod: "OKAY." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 35 OF 43 Commissioner Gennell: "THERE WILL BE PUBLIC MEETINGS ANYWAY?" Manager McLemore: "SURE, IF ANYBODY WANTS TO COME." Deputy Mayor McLeod: "IN THIS TYPE PROCESS, IS THAT PROCESS AS JUST OUTLINED, THEN DOES IT STILL FALL WITHIN THE $8,500.00 AS THE DESIGN GROUP?" Commissioner Gennell: "LOOKS LIKE IT..." Deputy Mayor McLeod: "...YOU FEEL IT DOES, OKAY. THANK YOU." Mayor Partyka: "OKAY. ALL RIGHT. SO, THAT'S IT UNDER DISCUSSION. CALL THE VOTE." City Clerk Lorenzo-Luaces: "COMMISSIONER MILLER?" Commissioner Miller: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER BLAKE?" Commissioner Blake: "AYE." City Clerk Lorenzo-Luaces: "DEPUTY MAYOR McLEOD?" Deputy Mayor McLeod: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER MARTINEZ?" Commi~sioner Martinez: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER GENNELL?" Commissioner Gennell: "AYE." MOTION CARRIED. MAYOR PARTYKA: "Okay. Motion passes. Thank you very much Mr. Pula." CITY OF WINTER SPR1NGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 36 OF 43 REGULAR I. Office Of The City Clerk Requests That Commissioner Michael S. Blake Make An Appointment To The Planning And Zoning Boal"d/Local Planning Agency To Replace Board Member Brent G;'egory Who Is Resigning. Commissioner Blake asked Attorney Garganese, "If I make this appointment tonight, what does that mean for that person?" Attorney Garganese said, "It means he is appointed to the Planning and Zoning Board, you do have an appointment to make. I believe the Ordinance allows each Commissioner to make an appointment to the Planning and Zoning Board. The only question is whether he needs to now comply with the new Ordinance, which is subject to veto by the Mayor." Further discussion. Mayor Partyka added, "The Ordinance is adopted today - and in effect today." Deputy Mayor McLeod said, "Why don't we ask the Attorney to bring this back as an Item." Attorney Garganese stated, "Let me look at that issue globally." Attorney Garganese asked the City Clerk if she had an application. City Clerk Lorenzo- Luaces stated that she did. "I WILL NOMINATE JOANNE KREBS, WHO CURRENTLY SERVES ON THE CODE ENFORCEMENT BOARD AS THE CHAIRMAN TO FILL THE POSITION ON PLANNING AND ZONING AS OF OCTOBER 11TH." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Ma)'or Partyka stated, "Congratulations to Ms. Krebs on this position, and she will make those decisions over the next few days. Discussion followed on dual office holding and whether Ms. Krebs would have to resign from one of the Advisory Boards. Attorney Garganese stated, "I don't believe that is the case." Attorney Garganese further stated, "I can look at that issue just to be one hundred percent (100%) sure, but I don't believe it presents a dual office holding problem." Mayor Partyka said to Attorney Garganese, "Why don't you just double check it, and Ms. Krebs will do whatever is appropriate anyway." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 37 OF 43 Commi...sioner Blake stated, "Point of Order " and spoke of possibly rearranging some of the remaining Agenda Items. Regarding Regular Agenda Item "F," Manager McLemore stated, "We are going to request Item 'F' be dropped anyhow, or tabled, because one of the people we wanted here was Sheriff Eslinger who is not available tonight." Mayor Partyka stated, "Okay." The consensus of the Coml)1ission was to continue with the Agenda as it stands. REGULAR J. Community Development Department Requests That The City Commission Untable This Item And Reconsider Making A Contribution, Which Would Represent The City's Pro Rata Share Of Existing Basic Transit Services, As Well As Explore Alternatives For Expanding Current And Future Public Transit Needs. "MOTION TO UNT ABLE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION DID NOT CARRY. REGULAR K. Commissioner Robert S. Miller Requesting the City Commission Consider The Unpaid Bill Of $1278.21 Requested Of Mayor Paul P. Partyka In An Invoice From The City Of Winter Springs Dated November 16, 1999 And Approved By The City Commission On November 29, 1999. Commissioner Miller introduced this Agenda Item. Mayor Partyka read a letter that he presented to the City Commission, City Manager, and City Attorney. Further discussion. Attorney Garganese spoke on his interpretation of this matter. Mayor Partyka stated, "Anyway, my intent was always to pay the $390.00." Mayor Partyka further said, "And this will be paid before the month is out." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 38 OF 43 Attomey Garganese remarked, "I am just going by what was presented, I haven't reviewed this file but, clearly it appears that based on what I have seen, that there are certain costs that were taxed as part of the appeal to the 5th District Court of Appeal and those that are clearly accessible of $390.10. And that amount does appear to be due and owing, Mayor. The other costs that are set forth here are not really clearly accessible, under the uniform guidelines for taxing costs. There is a question of whether they should be taxed against you. It's debatable. But clearly, the $390.10 is - appears to be due and owing, and I would think that payment would be in order Mayor, for that amount." Mayor Partyka stated, "I agree with that." Commissioner Miller stated, "I will express my disappointment that you didn't settle the original amount that was asked." Much discussion. Tape 4/Side A Further discussion. Commissioner Miller said, "I would go along with the $390.00. If you want to make a $390.00 contribution, fine. If you don't want to make any contribution, that's up to you." Mayor Pattyka then said, "No, my position is clear, $390.10. I have already said that." Mayor Partyka asked Commissioner Blake for his opinion. Commissioner Blake stated, "I'll take the $390.10." Commissioner Martinez said, "I'll go along with it." Commissioner Gennell said, "In my opinion, you really owe the City a lot more than the $390.10, and I am not just talking about money. But, right now, I'll just take what you give us." Deputy Mayor McLeod said, "You pay the $390.10, and I would like to see this matter behind everybody." In conclusion, Mayor Partyka stated, "The check will be here before the month is up." REGULAR L. Office Of The City Manager Requests That The City Commission Consider Either Reappointing Mr. Donald Gilmore To Serve As The Representative To The South Seminole & North Orange County Wastewater Transmission Authority Or To Reappoint Another Individual. Additionally, The City Commission Is Requested To Consider Either Reappointing Mr. Roy Prince As The Alternate To The South Seminole & North Orange County Wastewater Transmission Authority Or To Reappoint Another Individual. "I MAKE A MOTION THAT WE APPOINT DONALD GILMORE - AS A REPRESENTATIVE TO THE SOUTH SEMINOLE & NORTH ORANGE COUNTY W ASTEW ATER TRANSMISSION AUTHORITY, AND MR. ROY PRINCE AS THE ALTERNATE TO THE SAME SOUTH SEMINOLE & NORTH ORANGE COUNTY WASTEWATER TRANSMISSION AUTHORITY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 39 OF 43 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR (NEW ITEMS FOR THIS AGENDA) AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:. .:. VII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR B. Office Of The City Manager Requesting The City Commission To Provide Direction Regarding Funding For The Acquisition Of The Springs Land/Jesup Shores Tract Of Land For Construction Of A Regional Trail Facility. Mam.ger McLemore spoke on this matter with the Commission. Discussion. Commissioner Blake said, "I think we should take the Manager's narrative recommendation - I think it is time to give up on this." "I AGREE WITH COMMISSIONER BLAKE. I THINK WE OUGHT TO JUST CONCENTRATE ON THOSE AREAS THAT WE ARE GOING TO DEVELOP WITH THESE NEEDS IN MINDS." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 40 OF 43 REGULAR D. Office Of The City Manager Requesting The City Commission To Review The City Manager's Comments And Recommendations Relative To The Current Evaluation Of City Clerk, Andrea Lorenzo-Luaces. Discussion. Mayor Partyka stated, "I need a Motion to extend." "SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Dis~ussion followed on the normal process for getting the Agenda out In a timely manner. Much discussion. Commissioner Miller asked, "On all the other Boards that the City Clerk and the Staff work on, is that problem going to be solved quickly? You make a comment, actually - Andrea makes a comment here that advertising, City's Advisory Boards and Committees can and should be done by other related Departments. Is that going to happen sometime in the next few months or the next..." Manager McLemore responded, "... It' s going to happen at the time that we have the opportunity to stop for a few minutes and have other people trained to do the job that Andrea does, so that those Departments can take over those functions under the general guidance of the Clerk. That's what many cities do with Boards and that's what we are going to need to do in order to get that tremendous workload off of her." Commissioner Miller then asked when this might take place, and Manager McLemore said, "Maybe in a couple of months." Discussion followed on the status of the recent salary upgrade. Deputy Mayor McLeod stated, "$3,800.00 was prior to the Cody study. After the $3,800.00, then the Cody study would take effect, after we redo the Cody study and from there - she would fall under the Cody study." Commissioner Gennell added, "She should have received an increase at that time, and if she has not received an increase at that time, then we need to look at it - somebody needs to review those Minutes and see what happened there." Commissioner Martinez stated, "It's due her." Commissioner Gennell added, "It's due her, yes. So, could we please have a reanalysis of that - issue. Mr. Mayor, could you poll the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE410F43 Commission..." Mayor Partyka said, "I believe everybody is in agreement - the check, and to find out what the story is on this special adjustment." Regarding the Agenda process, Commissioner Gennell said, "I do think that there is probably a sense of urgency that isn't being conveyed to some levels that is making them - rot come forward as promptly as we would like. Okay, I - sense that some people just aren't being told 'Ifit isn't here, it doesn't going on the Agenda,' and I think that some people need to hear that." Commissioner Martinez spoke for the record on the many pressures on City Staff to move some projects along, and when Agenda packets were to be ready. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'D' THAT'S A 3.82 FOR 6% INCREASE FOR THE CITY CLERK." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. DEPUTY MAYOR McLEOD SAID, "I THINK THE RECORD SHOULD GO BACK AND BE CHECKED BUT I THINK THE $3,800.00 WAS ALREADY APPROVED AND IT WASN'T SUPPOSED TO BE AFFECTED BY THE 6%." COMMISSIONER MILLER STATED, "THAT'S CORRECT." DEPUTY MAYOR McLEOD THEN SAID, "THE REVIEW HAD NOTHING TO DO WITH THAT." COMMISSIONER GENNELL SAID, "RIGHT." COMMISSIONER MARTINEZ SAID, "IT'S SEPARATE AND ABOVE." MAYOR PARTYKA ADDED, "WE HAVE ALREADY DIRECTED THE CITY MANAGER TO FIND THAT OUT, BECAUSE IT IS IMPORTANT, A VERY IMPORT ANT ISSUE HERE." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka Said, "Congratulations." City Clerk Lorenzo-Luaces offered her thanks. REGULAR .Eo Community Development Department - Code Enforcement Division Requests The City Commission Considers Reduction Or Satisfaction Of A Code Enforcement Lien On Seminole Bakery, Village Marketplace, 260 East State Road 434. Ms. Jimette Cook, Code Enforcement Division Manager, Community Development Department introduced this Agenda Item. Ms. Cook noted that the client was not present. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 42 OF 43 "MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. IX. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MarION CARRIED. Mayor Partyka adjourned the Meeting at 12:20 a.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM AND REPORTS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF OCTOBER 8, 2001. .:..:. VII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR F. Office Of The City Manager City Ma.nager Requests The Commission Readdress The Open Alcoholic Beverage Container Issue As Requested By The City Commission. Note: Em'lier during this Meeting, Manager McLemore advised the Commission that Staff wish.ed to "drop or Table" this Item as the Guest Speaker could not attend this Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 43 OF 43 VIII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Five - David W. McLeod REPORTS E. Commission Seat One - Robert S. Miller REPORTS F. Commission Seat Two - Michael S. Blake REPORTS G. Commission Seat Three - Edward Martinez, Jr. REPORTS H. Commission Seat Four - Cindy Genoell REPORTS I. Office Of The Mayor - Paul P. Partyka NOTE: 'n;r.sc l11i~utes werc <:pp.-cycd at thc Novcmbcr 12,200 I Regular City Commission Meeting. : {, \