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HomeMy WebLinkAbout2001 09 10 Consent G Approval of the August 27, 2001 Regular City Commission Meeting Minutes COMMISSION AGENDA ITEM G Consent X Informational Public Hearings Regular September 10.2001 Regular Meeting Mgr. I Dept. Authorization CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The August 27, 200l Regular City Commission Meeting. , CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 27, 200 I l. CALL TO ORDER The Regular Meeting of August 27, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Mayor Partyka welcomed Winter Springs Boy Scout Troop 196. The Pledge of Allegiance was then led by members of Boy Scout Troop 196, after a moment of silence. Agenda Changes were briefly reviewed. PRESENT A TIONS Mayor Partyka read a Proclamation in honor of "Constitution Week." Mayor Partyka then recognized Ms. Joanne Dalka, Director of the Information Services Department for her recent cooperative educational experience at Seminole Community College. City Manager, Ronald W. McLemore advised those in attendance that Joanne "Has been a real team player and one of the huge contributors in the last five or six years, since I've been here and really moving the City forward in the world of data processing and information systems. I don't know how we could have done it without her. She has been a real trooper. If it took eighty (80) hours a week, it took eighty (80) hours a week, and that's just been the 'get it done' kind of attitude that every employer loves to have in an employee; so Joanne, we're just really happy to recognize you tonight!" Mayor Partyka then presented Ms. Dalka with a "Certificate of Appreciation" from Seminole Community College. Mayor Partyka then recognized the Chorus from Winter Springs High School for their efforts in the recent Orlando Musicfest Competition, and awarded them with a plaque on behalfofthe City Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27. 2001 PAGE 2 OF 24 Mayor Partyka noted for those in attendance that "The City of Winter Springs, in its category, has - been voted America's best city in which to live." II. PUBLIC INPUT No one spoke. III. CONSENT CONSENT A. Utility Department Requesting Authorization To Enter Into A Contractual Agreement For Town Center Force Main Improvements. CONSENT B. Office Of The City Clerk Approval Of The Minutes Of The August 13, 2001 Regular City Commission Meeting. Mayor Partyka stated, "I'll take a Motion to approve the Consent Agenda." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Fire Department Informing The City Commission As To The Information Requested Regarding The Seminole County Transportation Study. Commissioner Edward Martinez, Jr. spoke of his concerns with Senior Citizens being able to get around, and said, "I have been asking for this City to make a commitment to CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAI{ MEETING - AUGUST 27. 2001 PAGE 3 OF 24 provide those folks with some form of transportation. Commissioner Martinez further stated, "I am requesting that YOll please make an effort to follow up in earnest on this issue and find a way to provide some transportation for the folks that can't drive anymore. " Mayor Partyka commellled on the public address system, as it seemed to be weak on the left side (looking out fro 1/1 the dais) of the Commission Chambers. Fire Chief Timothy 1. Lallathin spoke on this issue and elaborated upon several parts of his report to the Commission, and addressed the issue of "Para-transit" and other possible options. Commissioner Cindy Gennell said to Chief Lallathin, "You did a fine job!" Commissioner Gennell further stated, "While I do think it's important for us to go forward with the County, and eventually we will be integrated into that bus system; it's still, when it's fully done, isn't going to serve the needs that Commissioner Martinez addressed, and maybe even the Commission may want to go back and revisit the specific discussion regarding a van and transportation to that one facility and the options of only that - one type of a service, a very limited service to the Senior Center. I would not object to having that on a future Agenda myself, as a single item." Commissioner Martinez added, ''I'm looking for a solution to the problem - to which we would be able to send someone to pick these people on a daily basis if needed, or once a week, whenever it is needed, bring them to the Senior Citizens Center." Commissioner Martinez then stated, "I would suggest like Commissioner Gennell said, that this be brought back as an Agenda Item, very soon." Mayor Partyka said, "So, you'll bring it back, the final report when it's available, and then at that point in time the Commission can decide what to do nexC" Chief Lallathin explained that this will be brought back by Mr. Earnest McDonald, Advance Planning Coordinator for the Community Development Department, who has experience in transportation matters. Deputy Mayor David W. McLeod spoke on this issue and said, "I totally agree with Commissioner Martinez that I think it is time that we take a hard look, Mr. McLemore and not necessarily something that is a Lynx bus, but something that is perhaps a service that we may not own the bus, but a service we could contract through, that would provide the service for the handicapped, as well as the elderly, in order to have them be able to attend our Civic Center. Other communities do it, and I would urge that we continue to look for a way, in transportation needs that we may have to budget for, but I do think it's a well spent investment by this City." . CITY OF WINTER SPRINGS MINUTES CITV COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 4 OF 24 Commissioner Gennell further spoke on the "Para-transit" and the - system that Lynx has in place. Commissioner Gennell further commented, "It's been making the news for the past two (2) or three (3) years for how badly it operates, and how they run two (2) or three (3) hours behind, and sometimes they don't show up at all. And unti I such a time as we hear in the newspaper that they are exemplary and doing a wonderful job, I don't think that it behooves us to tell our - senior citizens to rely entirely on that, if we can afford to do otherwise." INFORMATIONAL B. Finance Department Requesting The City Commission Review Information Regarding The Status Of The Utility Billing Computer Conversion. "MOTION TO APPROVE INFORMATIONAL AGENDA." COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. MOTION BY VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Michael S. Blake stated, "1 would like to thank the Fire Chief for once again, not the first time, but once again, stepping up in an area outside of his field, but trying to bring us some help at the Commission leveL" Mayor Partyka then said, "Mr. Fire Chief, thank you very much for your support and help in doing what 1 call, a little bit extra." Commissioner Martinez also agreed with these comments. v. PUBLIC HEARINGS PUOLlC HEARINGS A. Finance Department Requests The City Commission Hold A Public Hearing On The Non-Ad Valorem Tax Assessment For Streetlighting Within The County Club Village Subdivision And Provide Directions As Seemed Appropriate. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27. 2001 PAGE 5 OF 24 Commissioner Blake stated, "Ron, the calculations that were done, do indeed show what I though was the case, and that is that we are not adequately collecting for the administrative fees." Manager McLemore stated, "I think there is about a three hundred dollar ($300.00) difference." Commissioner Blake then said, "The question is in the past we've had special districts such as the TLBD or the Oak Forest Wall Assessment District We have expended funds and then charged those back to the account at a future date - and I think that is the equitable way to do that Is there a way for us to cheaply and easily keep an accounting of that this time, and make sure that we charge back next year to this account to make sure that it is adequately funded?" Manager McLemore stated, "Louise and I have already talked about that and that's exactly what we are going to do." "MOTION TO APPROVE ITEM 'A.'" MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS B. Not Used. PUBLIC HEARINGS C. Community Development Department Requests The City Commission Conduct A Public Hearing For Second Reading Of Ordinance 2001-46 To Adopt The Proposed Administrative Rezoning (REZ-OS- 2001) That Would Change The Zoning Map Designation Of The Moss Wood Apartments Property And Three (3) Adjacent Sites From C-2 "General Commercial And Industrial District" To R-3 "Multiple-Family Dwelling District". City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Mr. Charles C. Carrington, AICP, Community Development Department Director and Ms. Patricia A. Tyjeski, AICP, of Land Design Innovations, Inc., Consultant to the City of Winter Springs addressed the Commission. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27. 2001 "AGE 6 OF 24 "I'D LIKE TO MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading Of Ordinance 2001-48 To Amend The Official Zoning Map Of The City Of Winter Springs By Changing The Current Designation Of The 1.36 Acre Subject Property, Located At 1135 State Road 434, From (Seminole County) A-I "Agriculture" District To The City Of Winter Springs' TC Town Center District. Attorney Garganese read the Ordinance by "Title" only. Mr. Carrington and Mr. John Baker, AICP, Current Planning Coordinator addressed the Commission on this matter. Mr. Carrington advised the Commission that "Staff is here to answer questions and also the applicant, Mr. Miranda is in the audience should you have questions of the applicant. Mayor Partyka asked the applicant if he wished to speak, however he declined to do so. Discussion ensued on the actual location of the property. Commissioner Blake then expressed his concerns with "The proposed use of this property." Mayor Partyka stated, "So noted." Commissioner Martinez and Commissioner Blake inquired as to whether this property had been posted. Discussion then ensued on the posting of the property. Furthermore, in discussing whether the property had been posted, Commissioner Blake asked, "Is it the big sign from Public Works?" Commissioner Blake further stated, "In fact, the Commission did direct Ron, some time ago, when we were discussing the property over on 17-92, or near l7-92 and Nursery Road, the procedures to post a property effectively when there is a Rezoning, and this is a Rezoning. And, in fact, I remember you saying, Mr. Manager at the meeting that Commissioner Martinez just noted, to get the sign from Public Works, the big sign, and to post it, and apparently that was not done." Manager McLemore added, "That's exactly correct as r remember it" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION RI::GULAR MEETING - AUGUST 27. 2001 PAGE 7 OF 24 "( AM GOING TO MAKE A MOTION TO POSTPONE TI-IIS ITEM UNTIL OUR NEXT REGULARLY SCHEDULED COMMISSION MEETING WHICH IS - SEPTEMBER 10TH - AND THAT WILL PRESERVE THE ADVERTISING AND THAT PROPERTY WOULD BE POSTED AS THIS COMMISSION DIRECTED FOR THAT HEARING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE CLARIFIED HIS MOTION BY SAYING, "THIS IS GOING TO BE THE SECOND READING, THE ADOPTION READING, THE POSTPONEMENT MOTION IS TO PICK IT UP, RIGHT WHERE WE ARE CURRENTLY - SEPTEMBER 10TH." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Deputy Mayor McLeod said to Manager McLemore, "It was very clear that evening what the Commission had asked for - also reluctant that evening by your staff, that they wanted to do that. I would hope that when the Commission asks for something in the future, and I'm glad to see the Commission call them on it, that the Staff does perform what's asked of them, and not to try to read into it." Mayor Partyka added that this Commission has a policy that "For any future Rezoning, that it be posted." VI. REGULAR REGULAR A. General Services Department Requesting That The City Commission Provide Direction In Appointing Legal Counsel To Advise The Code Enforcement Board. Manager McLemore introduced this Agenda Item. Attorney Garganese then said, "I just want to point one thing out, that's not quite correct in the Agenda Item - the Florida Law does permit the City Attorney to serve as the Code Enforcement Board Attorney, however, if the City Attorney does serve in that capacity he cannot present cases to the Code Board, on behalf of the City. So the City Attorney can do either one of two things, present cases to the Board or represent the Board." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGUL^R MEETING - ^UGUST 27, 2001 "^GE 8 or- 24 Attorney Garganese suggested, "It is a very good idea to provide training from time to time, that would be very beneficial I think, for the Board, especially if new Members are added. You should periodically update the Board regarding - case law, and what they can and cannot do." Commissioner Blake spoke of funding for an Attorney to represent the Code Enforcement Board, and inquired of Attorney Garganese, "What would you rather do? Would you rather represent the Code Board or would you rather represent the Commission?" Attorney Garganese said, "I don't have a preference." Attorney Garganese then said, "I could probably be more effective representing the Code Board." Potential conflicts of interest were then discussed. Commissioner Blake then stated, "Mayor, I am concerned that the Code Board - is one of those Boards that really does deal with people's rights. And I am concerned that - we don't give opportunities for enough training for the Code Board." Commissioner Blake then said, "I don't know if we need to provide for a full time Attorney for the Code Board, all the time. It might be appropriate in general, to have perhaps a junior member from Anthony's firm, serve on occasion when there are cases on the Agenda that may be fairly complex, to have that person available for the Code Board to use. In this particular case, I think we've already - by our previous actions decided which way to go and that is, I think we need to hire somebody from outside counsel and hopefully just keep it very short. " Tape l/Side B Commissioner Martinez said, "There are some issues however that come up, but I believe to preserve the rights of a citizen, it is more incumbent upon the City to hire an Attorney, in which case, we should have one present, if they want one present. Otherwise, I think that by a conference with you or someone in your office, that could resolve any given problem that arises and needs legal assistance, or either to have - someone physically present at the time, to dispose of one case. What I do not envision is the need for a full- time Attorney with the Code Enforcement Board." Commissioner Robert S. Miller asked Ms. Joanne Krebs, Chairperson of the Code Enforcement Board discussed how many cases may have needed the services of an Attorney over the past two (2) years. Ms. Joanne Krebs. Chairperson Of The Code Enforcement Board: spoke about training that she has received; and when an Attorney might need to be present. Commissioner Miller further said, "It would be beneficial then to the people on the Code Board if they were availed of some legal expertise, as maybe part of a Workshop where an Attorney would point out, these are the type things that you need to be aware of and then what would make you more comfortable - in those cases that come along, such as the one we just looked at in the last month or two, that an Attorney may - be present at those proceedings." CITY Of' WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE: 9 OF 24 Commissioner Miller suggested, "It may not be a bad idea for this Commission to then consider some kind of a commitment, maybe financial I suppose, where we would identify maybe an Attorney who would be available from time to time, possibly not our Attorney to avoid any complications later; and provide some training - maybe each time a new person comes on board, and then on those instances where you feel you're clearly in need of some Counsel. During the proceedings, there would be someone that the - Code Board could call upon and have that person attend the meeting. Whatever that would cost, I think we just need to get a handle on that and - in the budget." Ms. Krebs further asked that two (2) Alternates be appointed to the Code Enforcement Board. Commissioner Miller said to Ms. Krebs, "I believe we are working that issue right now." Further discussion ensued on when Attorneys were formerly provided to the Code Enforcement Board and the Planning and Zoning Board/Local Planning Agency. Deputy Mayor McLeod suggested, "It would seem to me that the Chairperson should be able to - based on the Agenda requirements, should be able to call the Attorney for advice, prior to an Agenda Item. The problem is that only ends up with the Chairperson having the knowledge of what the Attorney said." Deputy Mayor McLeod further suggested, "Maybe we need to have a couple of educational programs with them. Maybe that the Attorney just needs to hold a couple of those educational programs and then the Attorney comes back and reports to us what his feelings and findings are after that, as to how to handle it." Further discussion ensued .on caseload and the format of information on cases that is forwarded to the Code Enforcement Board. Ms. Krebs added, "I don't know if it is a judgement call. I don't know if it's something that comes up on an Agenda that I can speak with either the City Manager or somebody about what's coming up and the possibility of having - maybe foreseeing that. Or, better yet, why not have somebody from Staff - occasionally come in and see where we are having problems or listen to the tapes, maybe you already know; and say okay, we've been having problems here, let's get some help for them in this area." The length of meetings and what would be involved for legal advice was then discussed. Manager McLemore suggested, "Our goal should be to provide the minimum help that is needed and provide training as much as possible, so that they are comfortable in moving ahead - with these cases, and what I was going to suggest is that Anthony and I - get together with you Joanne." Manager McLemore then said that he agreed with the suggestion of providing training and added, "I would really like to bring this back at your next Meeting, and have a chance to talk with the Attorney about due process and evidence and all those things that are minimally required to make sure that we have a sound decision." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 1001'24 Deputy Mayor McLeod said that, '" C we're talking about a $3,000.00 - $4,000.00 expenditure, it might be worth that expenditure to keep fi'om any kind of a lawsuit, to make sure that they have the proper legal advice, and I am not saying for the Attorney to become the dictator of the policy. The Code Board sti II runs the meeting. The Attorney is there for advice, when asked for, or when he sees that somebody is heading down the wrong path. That seems to me to be a prudent expense." Deputy Mayor McLeod then said, "I would be willing to postpone this Item until the next Commission Meeting but at the same time, I would like to see the City Attorney and Mr. McLemore and the Chairperson to get the time together and to come back and present to us what they really feel is workable; and the Chair may not feel the same as the Manager. " Mayor Partyka advised those in attendance that "Basically, four (4) Commissioners have said, 'As needed on terms of an Attorney - so that's where we are right now." Deputy Mayor McLeod clarified, "I am not totally' As needed.' I'm thinking about somebody there at the meetings Mayor." Mayor Partyka said, "Okay." Commissioner Gennell said, "I have been of the opinion that it would be to our best interest and to the Code Boards interest to have somebody there at each and every meeting. I am willing to listen to other proposals, but I would have a much higher level of comfort, if they had regular support outside the Board from an Attorney." Commissioner Martinez stated, "I am saying it should be as the need arises, and I think that the Code Enforcement Manager who feeds you the cases, should have an idea, based on her experience and the process that you have been through as to whether you need an Attorney there for certain cases, and advises you or advises the City Manager; or call the City Attorney, whichever process they have in place to inform them that you need legal assistance present during this time. 1 don't think we should spend money foolishly by just having an Attorney there sitting, listening to what is happening." "I WOULD LIKE TO MAKE A MOTION THAT WE INSTRUCT THE CITY MANAGER TO TAKE UNDER ADVISEMENT ALL THE POINTS THAT WERE BROUGHT UP HERE THIS EVENING, BRING US BACK A LIST OF OPTIONS, SPANNING FROM ONE (1) ATTORNEY AT ALL MEETINGS, TO ONE (1) ATTORNEY AT SOME MEETINGS, TO NO ATTORNEY AT ANY MEETINGS AND WHATEVER SEEMS APPROPRIATE, BASED ON OUR INPUT HERE TODAY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE II OF24 V OT E: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR B. Utility/Public Works Department Requesting Authorization For The City Manager To Execute A Purchase And Sale Agreement For The Acquisition Of Approximately 8.7 Acres Platted As The Hartman Industrial Park From James D. And Martha R. Hartman. Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director advised the Commission on several alternatives regarding the subject property. Discussion followed on the proposed purchase, and Commissioner Martinez spoke of his objection to the purchasing of the property. Mr. Lockcuff advised Commissioner Martinez that "I do believe the Hartman piece would meet our needs for the next ten (10) years, in and of itself. The 3.2 acres will not." Mr. Lockcuff further stated, "As for the money we have accounted for this in the Utility Enterprise Fund, we planned for it in the Bond issue, so the funds'are available:- It will' not cause any increase in rates, in and of itself for the acquisition of this property." Commissioner Martinez further stated that he did not agree with the proposed purchase for this property. Manager McLemore said to Mr. Lockcuff, "When you say it would take care of our needs for ten (l0) years, I'm talking about not only Public WorkslUtility, but all our other needs in the City, as far as having a place to put all our operational type activities, storage for all of City Hall, all these various Departments, not just Public Works and Utilities." Mr. Lockcuff clarified, "I speak only for Public Works and Utilities. I don't speak to the other Department's needs." Commissioner Blake inquired about the price, negotiations, and when the appraisal had been done. Commissioner Blake then said, "I have a concern as I think everybody up here knows, about the City's long term financial outlook and I certainly have a concern about buying property that we're not going to need for the foreseeable future. I may agree to go forward with this contract if that agreement is adjoined with an agreement to liquidate the property that we currently have, where Utilities is currently housed." Discussion followed on general fund assets. Commissioner Blake then stated, "I would be agreeable to the purchase if it's at the right price only if in conjunction with this purchase, we also agree to liquidate the holdings where we currently are located, to offset the costs of buying this." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27. 2001 PAGE 1201724 Discussion ensued on zoning issucs related to the properties in question. Commissioncr Miller askcd, "What would it probably bccome?" Manager McLemore responded, "I think what we would want to do is make it compatible with its surroundings." Discussion. Commissioner Gennell asked, "What happened to the thought processes that we are directing those pieces of City owned vacant property to be used for a community center in that area, which has no real Commission gathering place right there, and the additional parking that you mentioned that we really needed there?" Manager McLemore responded, "The Commission will just have to decide - what it wants to do." As Boy Scout Troop /96 had to depart. Members of the Commission thanked them for their attendance at tonight's Meeting. Chief Lallathin spoke on parking. The use of area basketball courts was then discussed with the Commission. Tape 2/Side ^ Commissioner Blake then said, "I could not support the purchase of the entire Hartman tract without knowing where the funding was going to come from overall." Commissioner Blake then spoke of the three (3) parcels and their relationship, and said, "So without raising funds for this purchase through liquidation of those surplus properties, then I could not support the purchase. I would have to agree with Commissioner Martinez." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE 'ALTERNATIVE 4' OF 'ITEM B.'" MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. "I'D LIKE TO MAKE AN AMENDMENT TO THE MOTION - THAT WOULD BE THAT WE WILL DO A STUDY ON '9' PUBLIC WORKS AND 'A.O,' TO DETERMINE THE USES OF THOSE PROPERTIES IN THE FUTURE, AND TO DETERMINE WHAT PORTIONS OF THAT MAY BE SURPLUS AND - IF IT IS DECLARED SURPLUS, IT WOULD BE SOLD TO HELP PAY FOR ANY FUTURE CONSTRUCTION ON THE HARTMAN PROPERTY." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 13 OF 24 VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. The closing on the HCCH property was briefly discussed. REGULAR C. City Manager Requests That The City Commission Make An Appointment To Serve As A Liaison To The St. Johns River Water Management District. Commissioner Miller said that he would be interested in serving on this Committee. . Commissioner Gennell mentioned that she was planning to nominate Commissioner Martinez. Commissioner Martinez stated that he would be interested in accepting this nomination. Commissioner Miller withdrew his name for consideration. "I NOMINATE COMMISSIONER MARTINEZ." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MITTINt; _./\lJGlJST 27, 2001 I'M;!: 14 OF 24 REGULAR D. City Manager Requesting The Commission Reconsider The Commission's Previous Direction That The City Go Out For A RFP For Banking Services [n Light Of Its Good Faith Agreement With Bank Of America. Manager McLemore introduced this Agenda Item and explained that no copy of an Agreement could be found. Commissioner Blake suggested, "If we can't find any documentation then.I think we need to do something to memorialize what we thought occurred then, and I think Mr. Manager that you should have some negotiations or have your Staff have some negotiations with the bank and bring together an Agreement not longer than three (3) years, at this point in time, that would define exactly what services they will gave us and where we would received a "Favored Nations" clause type treatment which is what we discussed the last time out And no, I don't have any interest in pulling the business from Bank of America as long as they are servicing our accounts to the level that we require." "I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE MANAGER'S REQUEST TO GO AHEAD AND START NEGOTIATING WITH THE BANK, AFTER HE GETS THE RECOMMENDATIONS OF - (STEVE) ALEXANDER'S FIRM." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. "I'D LIKE TO AMEND THAT TO READ THAT WE AUTHORIZE STAFF TO NEGOTIATE WITH BANK OF AMERICA IN A MEMORIALIZED AGREEMENT THAT CLEARLY OUTLINES ALL OF THE CRITERIA OF THIS AGREEMENT FOR A PERIOD OF NOT LONGER THAN THREE (3) YEARS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MA YOR McLEOD. DISCUSSION. COMMISSIONER BLAKE STATED, "I WOULD ASK THE MANAGER TO REVIEW THE CITY'S INVESTMENT POLICY AND WHAT WE ARE REQUIRED TO DO. WE HAVE TO DO THINGS IN THREE (3) YEAR INCREMENTS, THAT'S OUR POLICY." DEPUTY MAYOR McLEOD SUGGESTED, "I THINK WE SHOULD AT LEAST, FROM OUR STANDPOINT GIVE THEM THE OPPORTUNITY TO KNOW THAT THREE (3) YEARS FROM NOW, THERE IS REALLY NO DEAL ON THE TABLE, AND THAT WE WILL GO OUT FOR IT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27. 2001 PAGE 150F24 VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: NAY COMMISSIONER GENNELL: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. MANAGER McLEMORE ASKED THE COMMISSION, "WOULD YOU BE COMFORTABL~ IN GIVING ME A LITTLE LEEWAY AS I NEGOTIATE WITH THEM OVER TO WHETHER IT IS THREE (3) YEARS OR FOUR (4) YEARS OR THREE (3) YEARS OR FIVE (5) YEARS, BASED ON WHAT COMES OUT OF THE DEAL?" MAYOR PARTYKA RESPONDED, "THE AMENDMENT SAYS THREE (3) YEARS." MANAGER McLEMORE STATED, "OKA Y." VOTE: (ON THE AMENDED MOTION) COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. REGULAR E. City Manager Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk. Commissioner Blake stated, "I just want to point out that we directed you to bring this to us one (1) month before her anniversary date, and according to my calendar, it's one (1) month to the day, so I just want to congratulate you." Discussion. Commissioner Blake said that he agreed with other Commissioner's suggestions of having the City Manager do the City Clerk's review, "But I would like - his work to be delivered to us no later than the next Meeting, in order to give us time to review it, and to make comments back to him, before a final version is drafted." Mayor Partyka summarized the previous comments by saying, "All of them have agreed that the City Manager basically should do the evaluation - all five (5). It's just a question of timing at this point and to a degree, should we bring it back here. And four (4) of them basically said 'Bring it back.'" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27. 2001 PAGE 1(,OF24 Commissioner Blake added, "I was selling a timeline for it to be back to us, not requesting that it be on the Agenda for discussion on that date. What I envision, is each of the five (5) of us then having the opportunity to review that, see what was said and then have an opportunity to comment back to the Manager, if at all, on things that we may see differently, because in fact, she does work for us, she does not work for him." Deputy Mayor McLeod stated, "[t's not that it's going to come back here as an Agenda Item..." Commissioner Blake added, "It will on the 2ih..." Deputy Mayor McLeod then said, "We should review it with the Manager prior to it coming back. That 1 would agree to." "I'D LIKE TO MAKE A MOTION THAT THE MANAGER BE DESIGNATED TO PREPARE THE UPCOMING PERFORMANCE REVIEW FOR THE CITY CLERK AND THAT HE HAVE THAT - BACK TO THIS COMMISSION BY SEPTEMBER 10TH FOR OUR CRITIQUE AND FINAL DISPOSTION ON SEPTEMEBER 27TH." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka called a break at 8:36 p.m. The Meeting was called back to order at 8:47 p.m. ADD-ON REGULAI~ F. City Manager Requesting The City Commission To Approve The Purchase And Sale Agreement For The Acquisition Of The Parker Property And To Authorize The City Manager To Execute The Agreement On Behalf Of The Commission. Manager McLemore advised the City Commission that "We had an issue over Section 19. and it is our recommendation that we believe that is some superfluous language, and that we adopt this, deleting Section 19." Discussion ensued on access and the Agreement with "Springs Land." Commissioner Blake stated, "As I read this, frankly it sounds to me like this is protective language for us in that it stated that 'Nothing herein shall constitute a waiver or relinquishment by Seller of its access agreement with the buyer.'" Manager McLemore said that he was not sure CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27.2001 rAGE 17 Of' 24 how this was applicable. Commissioner Blake suggested, "We obviously need to look at that. " Mayor Partyka asked why we did not know the reason for this clause. Discussion followed on why this was being done prior to the Referendum being held, and what the property was appraised at. Commissioner Blake said, "I would vote for this, except for Section 19., if the Referendum were passed and for the record I will be voting for the Referendum, but I will not vote for it prior to the Referendum." Commissioner Martinez suggested that if this Item is approved tonight, that there are safeguards; and he agreed with Attorney Garganese that Section 19. did not mean anything and said, "But, I think you should deal with it, one way or another, and when you bring this back, we should have an answer." Tape 2/Side B Deputy Mayor McLeod stated that he was in disagreement with Item 19. and the "Purchase price and method of payment. I do believe our agreement is the $2.950,000.00 on the property; and I think you need to re-write that language in there from a standpoint that it is - to be perhaps any additional charitable amount that would be certified through an Appraiser would be agreed to by the Commission, Anthony, rather than putting a four million dollar ($4,000,000.00) price tag here." Deputy Mayor McLeod further stated that "I think the charitable contribution portion is something they have to prove anyhow, isn't it?" Attorney Garganese agreed and suggested "That's a very easy fix of Paragraph 2." Deputy Mayor McLeod further stated, "Would you mind fixing - Paragraph 2. - and also (c) of Paragraph 2. also." Attorney Garganese agreed with this and stated, "The purchase price would be $2,950,000.00, it would be as originally stated, that they struck out and added additional language. The purchase price will be $2,950,000.00; there will be a $50,000.00 deposit; the remaining $2,900,000.00 wilI be conditioned upon the approval of the Referendum, that's stated in 2. (b), and if you are following along; and then Paragraph (c) will go back the way it was originally proposed, that they believe the purchase price is understated based on an appraisal, then we will agree to sign 'Internal Revenue Service Fonn 8283' just acknowledging a charitable donation, but we leave the appraisal up to them and their detennination of - whatever they believe the purchase price should have been." Deputy Mayor McLeod further agreed with the original verbiage and said, "I wouldn't have a problem with the contract other than clarity of what 19. truly is." Commissioner Blake asked, "The four milIion dollar ($4,000,000.00) question, couldn't we handle that in number 8. with the appraisal section? That if we elect to at our cost to get the appraisal, then we would agree that the value of the property is whatever the signed professional Appraiser says it is and that any amount over $2,950,000.00 that we would agree that it's a contribution?" Further discussion ensued on the appraisal. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27. 2001 PAGE 18 OF 24 COll1missioner Blake next suggested that "I think we ought to utilize a value that is from a Certi fied Appraisal and not from some number they have gi ven us or that we make up ourselves." Attorney Garganese agreed with Commissioner Blake. Discussion ensued on the first page - "Exhibit' A'" - and whether the word "registered" should be stricken. Manager McLemore stated, "It's the registered voters voting." Commissioner Blake added, "It doesn't say that" Manager McLemore then said, "It should." Attorney Garganese stated, "He is correct I will insert the word 'Voting' after Winter Springs." Mayor Partyka summarized the proceedings by saying, "Paragraph 2., Paragraph 19. and Paragraph 8., plus a little bit of the technical stuff. Okay." "I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THE CITY MANAGER TO APPROVE THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE PARKER PROPERTY AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE COMMISSION, WITH ALL CORRECTIONS AND DELETIONS STATED DURING DISCUSSION AS PER SECTION 8., SECTION 2., AND SUBDIVISIONS THEREOF DELETING SECTION 19. AND - THE SECOND WHEREAS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER DISCUSSION. MANAGER McLEMORE THEN STATED TO THE COMMISSION, "THE COMMISSIONER ASKED ABOUT 'EXHIBIT A.' THAT'S JUST A LEGAL DESCRIPTION AND - THAT WILL BE A TT ACHED TO THE AGREEMENT." VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. VII. REPORTS HEPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the Commission on the outcome from the recent Code Enforcement Board Hearing held this past Tuesday, August 21, 2001, "That during the rehearing of the - Laudini Case, it was decided 4-2 that the $l.OO dollar fine would stay as is; that they were not interested in increasing the fine." CITY Or- WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27. 2001 "AGE 190r-24 REPORTS B. City Manager - Ronald W. McLemore Manager McLemore advised the Commission that he had placed in the Commission's mail boxes, a letter sent to Mr. David B. Struhs, the Secretary of Florida's Department of Environmental Protection, and that "They agreed that they would give us through the October cycle of the Governor and Cabinet to get this thing done." Regarding the second refinancing of Utility Bonds, Manager McLemore stated, "We were right at 7% on savings last Friday, which is well over the benchmark you had given us, which would result in a net savings on your annual debt service of around $80,000.00 a year." Further discussion. Manager McLemore handed out information on upcoming mandatory training for members of the Commission. Manager McLemore added that "I had asked the City Attorney for an opinion on that on whether it really applies to the Board, and I think he's working on that." Discussion ensued with Manager McLemore and Ms. Louise Frangoul, Finance Department Director on why the Commission had not been informed at an earlier date. Ms. Frangoul explained that "The deadline in terms of complying with the Florida Statute that requires us to have Investment Training, ends on September 30th, and it began last year, October 1st." Commissioner Gennell asked, "What if somebody, a Pension Board Member or somebody can't make it, or whatever their reason?" Ms. Frangoul responded, "We'll have to arrange to have them get some additional training elsewhere. They are required to have it before September 30th." Commissioner Gennell then said, "I concur with the rest of the Commission, I would really have appreciated it much sooner." Commissioner Gennell then said, "I would encourage you, from my perspective, to look around to some of the other municipalities, and if they are doing this, find out where they have - time slots, so any of those who can't make it can avail and we can trade likewise with the other cities." Ms. Frangoul stated, "Okay." Manager McLemore then added, "There is still the question out there, whether the Commission has to do it, and that's something if I could get in the next couple of days, we could get you out of that." Commissioner Gennell added, "The same thing applies for the Pension Board Members too." Mayor Partyka then said, "I think Commissioner Gennell has a couple of good suggestions there. I think we need to look at that, then concurrently we need to find out whether this Commission actually needs to be there, so there's a two-fold assignment." CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 20 OF 24 I{EI'OHTS C. City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces asked the Commission for a consensus on their preference of how Commission photographs should be framed and where the Commission would like the photographs places. A couple of samples were suggested. Mayor Partyka asked, "Why does this Commission have to get involved with things like this. Why can't that just be done with the concurrence of normal procedures - with the City Manager?" "I WOULD LIKE TO MAKE A MOTION WE APPOINT THE CLERK AS OUR ARTISTIC CONSULTANT AND HAVE HER FRAME THOSE PICTURES, HOWEVER SHE SEES FIT." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. COMMISSIONER BLAKE THEN ST A TED, "MAYOR, I HA VE AN AMENDMENT TO MY MOTION. THE COMMISSION WILL AGREE THAT WHATEVER SHE DOES, HOWEVER SHE DOES IT, WE WILL ALL BE HAPPY WITH IT." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. VOTE: (ON THE MAIN MOTION) DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REPORTS D. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez advised Manager McLemore that he picked up information from the State of Florida's Department of Community Affairs Emergency Management Preparedness and Assistance Trust Fund at the Florida League of Cities Annual Conference. Commissioner Martinez noted that numerous cities around the State had applied and received funds, but he did not see the City of Winter Springs referenced. Manager McLemore spoke about the City joining the County in similar efforts and Chief Lallathin explained, "At this current term, we didn't actually identify any needs for this current Grant cycle." Chief Lallathin then said, "We have actually looked at a couple of issues with - Public Utilities in regards to some of their chlorination and some other things - we will be looking this coming Grant cycle for some additional items." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 200\ PAGE 2\ OF 24 Commissioner Martinez asked what the status was on the Adult Entertainment Ordinance. Attorney Garganese responded that "You will definitely get it before the year is out, probably sooner." Commissioner Martinez suggested that instead of recognizing groups and special events during Regular City Commission Meetings, which adds to the length of these Meetings, that such recognition be done on a special date set aside for this. Regarding the "Open Container" issue that was on the June 25th Agenda, Commissioner Martinez inquired as to when it would be brought back. Manager McLemore responded, "We'll try to do that within the next 30 days." Commissioner Martinez asked if it could be ready by the September 10th Meeting and with further discussion, Commissioner Martinez said "I hope that we can have it by September 2ih? Do you think?" Manager McLemore responded, "I think so." REPORTS E. Commission Seat Four - Cindy Gennell Commissioner Gennell stated that at a recent meeting, she had asked "If we could have some information brought back to us and I was wondering when we could expect that, and that's the information relative to what other cities do, and what the State or Federal guidelines are that we have to do, or can do." Mr. Lockcuff and Manager McLemore said that a report would be brought to the Commission at the September loth Meeting. REPORTS F. Commission Seat Five - David W. McLeod Deputy Mayor McLeod commented on a recent editorial in the local newspaper about the upcoming Referendums, and asked Manager McLemore if he had been in touch with the Editor regarding the article. Deputy Mayor McLeod then inquired, "Did they understand what the Charter Review was?" Manager McLemore stated, "I don't think so. Their main concern was over the issue of "Term Limits." Their position to me was we have historically been opposed to 'Term Limits.' We are going to continue to be opposed to 'Term Limits,' and since your Charter was a revised Charter with everything in it and not having the option to vote on 'Term Limits,' then they can't support it because the enactment of it would include 'Term Limits.' Now, the fact that we already have 'Term Limits' in our City's Charter, I thought would speak for something but apparently it didn't, so what you've got is their categorical across the board lack of support for 'Term Limits. ", Deputy Mayor McLeod then commented that "I think the article really did a disservice for the Charter." Manager McLemore added, "I did ask for a meeting with the Editorial Board. I did not get that approval. I was asked to put our thoughts down on paper and provide them with a letter, which I will be composing tonight - I've already started on it. CITY Or: WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 22 OF 24 rfthere is anything that you want to suggest, give me a call tomon-ow, I'll be happy to put it in." Furthermore, Deputy Mayor McLeod stated, "I just think they have done a real disservice to this Commission and this City with this editorial and [ think that definitely should be brought to their attention. And I'm glad to see that you've followed up on that - so, I appreci ate that input." Deputy Mayor McLeod then commented on the al1icle by resident Terry Scarlata. Deputy Mayor McLeod said, "And I think that was another disservice after the fact that we have sat here and we went through an awful lot with that particular individuaI." .:..:. AGENDA NOTE: COMMISSIONER MARTINEZ ASKED TO GIVE ADDITIONAL REPORTS, AS DOCUMENTED. .:..:. REPORTS D. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez advised Manager McLemore that he had brought him a "Code of Ethics" prepared by the City of Jacksonville which is "Supposedly the best and most solid 'Code of Ethics' in the State of Florida," in case Manager McLemore wished to suggest that this Commission should adopt a "Code of Ethics" for the City of Winter Springs. Further, Commissioner Martinez spoke of a sample Ordinance which addresses the prevention of using cell phones while driving, and asked that Manager McLemore consider this infomlation. REPORTS G. Commission Seat One - Robert S. Miller Commissioner Miller spoke briefly about the water billing situation; and he commented that Casselberry's plans to develop the dog track site has fallen through. Commissioner Miller spoke of a recent article on water problems and asked Attomey Garganese whether we should consider advisory wamings; or posting notices; and inquired, "Do we have any liability to advise people in our City that the lake is dangerous to swim in, aside from the alligators?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 23 OF 24 REI'ORTS H. Commission Seat Two - Michael S. Blake Commissioner Blake inquired about the status of "The piece of land that we own that is next to the Police Station on the corner of 419 and Moss Road, I believe, we had a discussion probably a year ago about declaring that parcel surplus, and liquidating it." Commissioner Blake commented that he was glad that the Winter Springs High School Chorus received recognition from the City for their efforts, and complimented them. Further, Commissioner Blake then commented on the successful JROTC program at Winter Springs High School, and said, "Mayor, 1 would ask that you look into the possibility of finding recognition for them also." Commissioner Blake mentioned that the City of Oviedo has done a similar type of recognition on entranceway signs. Manager McLemore asked, "Is that on the same sign or finding some other way or both?" Commissioner Blake said that "It was on the same sign in Oviedo." Commissioner Blake then spoke on the issue on parking and what is legal and said, "I really think it's time for a policy - to figure out where people should be parking." Commissioner Blake then said, "I would like to ask Staff to take a look at this and let's clarify what the rules are. I myself would like to see a prohibition for on street parking, including the rights-of-way." Additionally, Commissioner Blake suggested that the City will need to be concerned with upcoming electricity issues, and related revenues and franchise fees, and suggested that "We need Staff, I think to keep our eyes open." Commissioner Blake added, "There is going to be substantial legislation there that we are going to have to keep an eye on, and we may have to spend some money to be involved with it Ron, and working on it." REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka advised the Commission that "I would like to send a letter to Mayor John Land on behalf of this Commission, just to recognize their championship Little League Team. " Mayor Partyka recognized Commissioner Blake for "Doing an outstanding job" running the "Municipal Finance and Taxation" meeting at the Florida League of Cities' AImual Conference. Mayor Pal1yka also commented on the recent Florida League of Cities' Annual Conference. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 24 OF 24 VIll. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 9:44 p.m. RESPECTFULLY SUBMITTED: PAUL P: PARTYKA 'MAYOR NOTE: These minutes were approved at the September 10. 2001 City Commission Meeting.