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HomeMy WebLinkAbout2001 06 25 Consent A Approval of the June 11, 2001 Regular City Commission Meeting Minutes .COMMISSION AGENDA ITEM A Consent X Informational Public Hearings Regular June 25.2001 Regular Meeting Mgr. / Dept. Authorization CONSENT A. Office Of The City Clerk Approval Of The Minutes Of The June 11,2001 Regular City Commission Meeting. / ';/ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JUNE 11,2001 I. CALL TO ORDER The Regular Meeting of June 11, 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 A moment of silence was followed by the Pledge of Allegiance. PRESENTATIONS Chief of Police Daniel J. Kerr introduced Ms. Chris Stouffer, Ms. Bobbie Boggs, Ms. Carol Liss, and Ms. Sharon Bullick of the "Seminole Spokes" of the "Welcome Wagon Club" who presented a check in the amount of $1,800.00 to Chief Kerr for the purchase of digital cameras. Mayor Partyka thanked the guests on behalf of the City Commission for their donation. Mayor Partyka announced that Commissioner Edward Martinez, Jr. has been approved by the Florida Senate for his appointment to serve on the Florida Corrections Commission. II. PUBLIC INPUT Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: advised the Commission that a warning by the Police Department had been left at his home early one Saturday morning for a sprinkler system violation; and that the Police Department had told him that his name came from a list. Mr. McCoy stated that this was wrong as he did not violate any rules, and did not approve of a list being used. Discussion. Chief Kerr spoke on this situation and said that if this was done in error, "We'll make sure that you don't get a $50.00 ticket the next time." Chief Kerr said that he would '.~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE II, 2001 PAGE 2 OF 42 straighten this out with Mr. McCoy after the Meeting. Code Enforcement Manager Jimette Cook spoke briefly on the official days when sprinkler systems can be used. Discussion ensued on "in person" presentations of warnings versus "door hanger notices." It was suggested to Chief Kerr that if "Officers want to give a citation they can just hang it on the door." Mr. Bill Griffin. 312 Moss Road, Winter Springs. Florida: did not think that batting cages would be as noisy as basketball games, and suggested that some screening be placed around the basketball courts at Moss Park, due to the noise factor there. Mr. Griffin stated that he was in favor of the appropriations for the screening of Moss Park. Mr. Ned Voska, 815 West State Road 434. Winter Springs, Florida: opposed "the raising of the curbs there" and spoke for the record on his opposition to the proposed raised medians along State Road 434. Discussion. Mayor Partyka stated for the record that he was aware that Mr. V oska had previously voiced his opposition to this. Mr. Frank DeFilippo, 492 El Camino Real, Winter Springs. Florida: spoke on his opposition to continually having to apply for a permit for banners along State Road 434. Much discussion. Mr. DeFilippo mentioned that apartments on Moss Road often have banners and asked if there were different rules? Code Enforcement Division Manager Ms. Jimette Cook said that she would check into the apartments on Moss Road. Commissioner Robert S. Miller stated, "Could you check on all of the ramifications of this and bring it back to us." With further discussion on other communities and real estate signs, Commissioner Miller stated, "I personally am going to look at this real estate sign aspect of it because I'm not familiar with it; and if Jimette is, then you can let me know in the next couple of days." Commissioner Martinez suggested that "If I perceive his message correctly, that he - is willing to abide by the 14 and 90, but his doesn't want to pay the fee." Commissioner Martinez further added, "So maybe, the Commission can waive the fee, I don't know - it's something that maybe the Manager could look at and make some recommendations." Mayor Partyka then polled the Commission as to whether they wanted to get a review of the policy. The consensus of the Commission was that no review was needed. Mayor Partyka then suggested to Mr. DeFilippo, "Work with Ms. Cook in terms of getting maybe one permit or fill out a series of applications or just one for a lengthy period of time within the guidelines." Mayor Partyka then summarized that "We could do it on a quarterly basis, fourteen (14) days in a row, do it no more than once a quarter. Is that correct? And fortunately, or unfortunately, depending on how you perceive this, we have to get a permit." Mr. DeFilippo stated, "Okay." 'i" . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 3 OF 42 Ms. Jamie McDuffie, 1301 West State Road 434, Winter Springs, Florida: representing Star Brite Cleaners, Ms. McDuffie advised the Commission that she was opposed to a median that would block access to her business. Mr. James J Meagher. 710 East State Road 434, Winter Springs, Florida: of Budget Tree Service, he suggested that with his commercial vehicles, a turn lane and turn signal should be added if medians are built. Mr. Meagher then spoke of his driveway location at Hayes Road. Ms. Joyce Ozarksy, 605 Pearl Road, Winter Springs, Florida: was opposed to the raised median in this area, which with landscaping could bock visibility, especially at night. Ms. Ozarsky was in favor of "Resurfacing and putting the utilities underground." III. CONSENT CONSENT A. City Manager And City Attorney Request The City Commission To Consider Amendments To The City Of Winter Springs Personnel Policies And Procedures Manual. Commissioner Martinez questioned the third paragraph on page three (3) of four (4), and Attorney Anthony A. Garganese clarified that this was a "typo" and clarified that "Employees will not be penalized." Commissioner Martinez then inquired "Are we providing an employee with a due process, or an opportunity to go beyond the Manager?" Attorney Garganese explained that "There is no additional administrative process with the City. The person could choose, obviously, to go to court if they objected to the determination of the final administrative decision maker which is - being proposed to be the City Manager for harassment claims." Attorney Garganese added, "An employee can also file a claim with the EEOC before a suit is filed." Commissioner Martinez asked to have this Item voted on separately. Deputy Mayor David W. McLeod suggested including "A time frame on the harassment, once it is brought to the City Manager's attention - it will be handled within 'x' number of days, period." Regarding the other part of this Agenda Item dealing with secondary employment, Deputy Mayor McLeod suggested that we check into problems that might arise for the City of Winter Springs if an employees second employer does not have Workman's Compensation and said, "I wish you would check that out, before we move on this particular Agenda Item." Further discussion on this Agenda Item. Tape lISide B <" CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING- JUNE 11,2001 PAGE 4 OF 42 Commissioner Martinez stated, "I am willing to recommend that we pull this Item off the Agenda and bring it back with all the corrections that have been suggested here and then allow us to vote on it." Mayor Partyka spoke of what happens if there is a problem with the City Manager position. It was suggested to Mayor Partyka that "In order to, in effect, cover everybody is there - a procedure in place where the person can go to another person and file a complaint against the City Manager position." Mayor Partyka further stated that "It should be in the policies guide that the procedure would be to report it to the City Attorney, and then the City Attorney would then give the guidance to the Commission on what to do at that point in time. Then, we in fact have every single position covered." CONSENT B. Board Of Trustees/Pension Board Request That The City Commission Endorse The Recommended Rankings Of Pension Attorney Candidates, And Authorize The Board To Begin Contractual Negotiations With The #1 Ranked Candidate Pursuant To The Consultants Competitive Negotiations Act. Brief comments were made. CONSENT C. City Manager Requesting Authorization For A Supplemental Appropriation From The Enterprise Fund In FY 01 In The Amount Of $9,400 To Hire An Additional Customer Service Representative In The Finance Utility Department. CONSENT D. Parks And Recreation Department Requesting The City Commission Approval Of A Letter From The Mayor And City Commission To Seminole County Supporting Funding The Proposed Torcaso Park ExpansionlImprovemen ts. CONSENT E. Office Of The City Clerk Approval Of The Minutes Of The May 14,2001 Regular City Commission Meeting. ... CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 5 OF 42 CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The May 29, 2001 Special City Commission Meeting. Commissioner Martinez stated that on page four (4) of nineteen (19) under "REGULAR (NEW ITEMS FOR THIS AGENDA)" "E" that his objections to this issue had not been included. Commissioner Martinez stated, "I would like this corrected to show my objections at the time, as spelled out, on the record." Commissioner Martinez clarified, "I am not asking for the entire discourse to be written verbatim, Ijust want my objections to the issue, which are not printed here." "I WANT THE PORTION OF THAT ITEM TO BE RECORDED ON PAPER AS PART OF THE MINUTES FOR MAY 29TH, WHICH RECORDED MY OBJECTIONS, AS SPELLED OUT BY ME ON THE RECORD ON THAT NIGHT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER BLAKE INQUIRED OF COMMISSIONER MARTINEZ, "ARE YOU JUST SIMPLY WANTING TO MAKE SURE THAT IT'S RECORDED THAT WHILE YOU VOTED IN FAVOR OF THE MOTION, YOU ARE OBJECTING TO THE - ISSUE ITSELF?" COMMISSIONER MARTINEZ STATED, "YES." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: NAY COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka stated, "Let's take a vote to approve the Consent Agenda, excluding 'A.'" "SO MOVED, AND AS AMENDED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE "- COMMISSIONER GENNELL: AYE MOTION CARRIED. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 6 OF 42 .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS TAKEN OFF OF THE CONSENT AGENDA AND DISCUSSED SEPARATELY, AS DOCUMENTED. .:. .:. CONSENT A. City Manager And City Attorney Request The City Commission To Consider Amendments To The City Of Winter Springs Personnel Policies And Procedures Manual. Discussion. "I WAS SUGGESTING THAT BECAUSE OF ALL OF THE LITTLE ISSUES THAT CAME UP THAT ARE IN CONTRAST TO THE REQUEST ON ITEM 'A' OF THE CONSENT AGENDA, THAT WE PULL THIS ITEM OR TABLE THIS ITEM AND ALLOW THE CITY MANAGER AND THE ATTORNEY TO PREPARE A MORE THOROUGH DOCUMENT AND BRING IT BACK TO US, AT THE NEXT MEETING FOR CONSIDERATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE SUGGESTED THAT A PORTION OF THIS AGENDA ITEM BE HANDLED TONIGHT, AND STATED, "I REALLY THINK PART OF IT WE NEED TO ADDRESS THIS EVENING. WHAT I WOULD LIKE TO LOOK AT IS, GIVE STAFF A LITTLE BIT OF TIME DURING A BREAK TO LOOK THROUGH IT, AND SEE IF WE CAN'T PASS THIS VERSION WITH THE UNDERSTANDING THAT IN TWO (2) WEEKS WE'LL COME BACK AND FIX THOSE PROBLEMS THAT WE HAVE; BECAUSE RIGHT NOW WE'RE SORT OF IN LIMBO WITH IF THERE WERE TO BE A COMPLAINT, OVER THE NEXT TWO (2) WEEKS. WHERE WOULD THAT COMPLAINT GO? HOW WOULD IT BE HANDLED?" DISCUSSION. MAYOR PARTYKA ASKED COMMISSIONER MARTINEZ, "IS YOURS TO TABLE OR TO POSTPONE?" COMMISSIONER MARTINEZ RESPONDED, "TABLE IT UNTIL THEY CAN BACK TO AN INVESTIGATION OF WORKMAN'S COMP; FIX THE OTHER AREAS IN THE HARASSMENT ISSUE, AS TO WHO REPORTS TO WHO IF THE MANAGER IS INVOLVED, AS YOU BROUGHT UP." FURTHER DISCUSSION ENSUED ON THIS ISSUE AND WHETHER IT SHOULD BE TABLED. CITY OF WTNTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11.2001 PAGE 7 OF 42 VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. City Manager Wishes To Report To The City Commission On Progress And Enhancement Made In Meter Services Operations Since The Establishment Of A Meter Services Division And The Hiring Of A Meter Services Manager. Commissioner Martinez asked, "Are the meters on Greenbriar Lane being read electronically?" Commissioner Martinez further stated, "The reason why I asked the question is because - there is so much dirt on the face of the meter, for the last two (2) months, there is no way any person that you send out there is reading the meter, unless they are doing it electronically. . That's why I asked the question. If it's being read electronically, then I guess he doesn't have to look at it then, and the dirt can accumulate all it wants. But if the dirt is there, and he has to look at it, then something is wrong." Mr. Greg Bishop, Meter Services Manager addressed Commissioner Martinez' concern and explained that the cleaning of meters is an ongoing process. Commissioner Martinez further stated, "I hope it is done in the next month or so, because the last two (2) months it wasn't done. Thank you." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE INFORMATIONAL AGENDA." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 8 OF 42 v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Code Enforcement Division Requests The City Commission Consider First Reading Of Ordinance No. 2001-16 Dealing With Temporary Storage Structures And Schedule A Second Reading For Adoption. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Much discussion on this subject followed with Code Enforcement Division Manager Cook. Commissioner Miller and Deputy Mayor McLeod discussed their concern with these types of structures in a hurricane type of weather situation, and pointed out that on page two (2) of four (4) under "(Q}" and specifically "The temporary storage structure shall be immediately removed..." and suggested, "Why couldn't we put in there, 'By the storage service within twelve (12) hours.'" Furthermore, Deputy Mayor McLeod suggested that the following wording also be included: "The City shall have the right, if not removed within twelve (12) hours to come on the property and have it removed." Attorney Garganese commented that this was a good suggestion. Deputy Mayor McLeod then addressed what happens after the seventy-two (72) hours time frame and inquired, "What is the penalty? What is the fine? When does it happen? None of those things are in here." Deputy Mayor McLeod further stated, "I think you need some definitive way to say that if this doesn't happen, this is what's going to happen, and the penalty will be 'x' number of dollars, per day, if found in violation." Ms, Cook addressed this matter and spoke on citations; and actions of the Code Enforcement Board. Attorney Garganese added, "It is covered by the Code Enforcement Board procedure, but you bring up a good point. If you want to impose also as a supplemental method, a 'Citation' fine, we can make that a technical amendment." Deputy Mayor McLeod said that this was not necessary. ,. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 9 OF 42 Commissioner Martinez commented that approximately eight (8) months ago there was discussion on this subject and he recalled "Discussing the issues of fees, and I don't see anything on fees here." Ms. Cook mentioned that "We do have a clause in here that allows us to...' a permit may be required and collected by the City...'" Commissioner Martinez felt that the wording should be stronger than "may be." Ms. Cook acknowledged this. Discussion ensued on time frames, and what would happen during the time between City Commission Meetings. Attorney Garganese stated, "One suggestion because of the time frames is to have the City Manager have the authority 'For good cause shown' - to extend the time period..." Commissioner Miller added, "Until such time as the Commission gets it." Attorney Garganese then added, "Or just have the City Manager do it administratively - if you've provided enough legislative direction in the Ordinance. I mean you can only extend it for good cause which is defined therein this Ordinance, so I can strike City Commission on subsection '@' and put City Manager." Commissioner Cindy Gennell stated, "I don't object to that." Commissioner Martinez added, "I was just about to suggest the very same thing that the City Attorney suggested." Commissioner Martinez further stated, "I think that the solution would be to allow the City Manager and Code Enforcement to use their discretion on extended permits beyond the three (3) days." Deputy Mayor McLeod stated, "I do believe that it is a good thing for the City Manager, but I think the City Manager should only be able to extend that until which time there is a Commission Meeting." Further discussion ensued on how to notify residents that a permit could be required. Commissioner Martinez suggested that the City newsletter could be used to notify all citizens of such rules. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Ned Voska, 815 West State Road 434, Winter Springs, Florida: discussed a personal situation regarding his house being modified and spoke of "democracy." Tape 2/Side A The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION THAT WE MOVE THIS TO SECOND READING WITH ALL THE CORRECTIONS AND AMENDMENTS THAT HAVE BEEN MENTIONED BY THE COMMISSION." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 10 OF 42 "I WOULD - MOVE TO APPROVE THIS ORDINANCE AND MOVE IT SECOND READING WITH THE TIME PROVIDED BEING SEVEN (7) DAYS, NOT SEVENTY-TWO (72) HOURS." MOTION BY COMMISSIONER GENNELL. MOTION DIED FOR LACK OF A SECOND. Mr. Ronald W. McLemore, City Manager then suggested, "Why not have the company get the permit and just have the ordinance say that a company providing these cannot put one on a piece of property until they come in and get the permit for the property?" Commissioner Martinez added, "Same as a Building Permit." Ms. Cook then spoke of default situations and responsibility. "I WOULD LIKE TO INCORPORATE THE LANGUAGE THAT COMMISSIONER McLEOD BROUGHT UP, THAT THE CITY MANAGER MAKE THAT DECISION DURING THE INTERIM PERIOD BETWEEN THE TIME WHEN THE DECISION NEEDS TO BE MADE INITIALLY AND THE VERY NEXT COMMISSION MEETING, AND THEN THE COMMISSION EITHER RATIFIES THAT OR OVERTURNS THAT DECISION." MOTION BY COMMISSIONER BLAKE. Commissioner Michael S. Blake then asked, "Would th(~.t be a change in language, Anthony - would that be a substantive change that we would need to go back to another First Reading?" Attorney Garganese stated, "It's getting close. It's really technical in nature, but I would suggest that it's not a question of ratifying the City Manager's decision. I think the City Manager should have the right to extend it until the next Commission Meeting, and then - the Commission will decide if it needs to be extended further. " Manager McLemore said, "Why not give the Manager the authority to do that and if the person doesn't agree with what we work out, then he can appeal that to the Commission." Deputy Mayor McLeod inquired, "Did you consider 'lia' on that Motion also? The time frame? Did you consider c by the storage company removing the 'POD' within a certain time frame? Maybe it's twenty-four (24) hours instead of twelve (12)?" Commissioner Blake then said, "No, I didn't discuss that, but I would agree that twenty-four (24) is better than twelve (12)." SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. DEPUTY MAYOR McLEOD THEN ASKED COMMISSIONER BLAKE, "DID YOUR MOTION THEN ALSO INCLUDE '~' TO IMMEDIATELY BE REMOVED BY THE STORAGE SERVICE COMPANY WITHIN TWENTY-FOUR (24) HOURS?" COMMISSIONER BLAKE RESPONDED, "YES." COMMISSIONER MARTINEZ AMENDED THE MOTION AND STATED, "I WOULD LIKE TO SUGGEST THAT THE - CITY MANAGER'S IDEA TO CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11.2001 PAGE I I OF 42 HAVE THE PEOPLE WHO OWN THE 'PODS' OR RENT THE 'PODS' COME TO CITY HALL AND GET A PERMIT FOR THE SITE, AS AN INCLUSION TO THE ORDINANCE THAT WOULD BE COMING BACK TO US." MOTION BY COMMISSIONER MARTINEZ. COMMISSIONER MARTINEZ CLARIFIED HIS AMENDMENT BY SAYING, "THE MANAGER SUGGESTED THAT THEY HAVE TO COME HERE AND GET A PERMIT FOR, AND ON BEHALF OF THE RESIDENTS OR THE PEOPLE WHO ARE RENTING THE 'POD,' AND THEY WOULD BE RESPONSIBLE FOR COMING HERE, OBTAINING A PERMIT, AND PAYING THE FEE." COMMISSIONER BLAKE SAID TO COMMISSIONER MARTINEZ, "THE COMPANY?" COMMISSIONER MARTINEZ AGREED AND STATED, "THE COMPANY." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. DEPUTY MAYOR McLEOD ASKED, "IN THE PERMIT, WHEN THE 'POD' COMPANY COMES IN FOR THE PERMIT, ARE THEY GOING TO HAVE TO HAVE A MAP OF THE PROPERTY, SHOWING THE ZONING?" DEPUTY MAYOR McLEOD THEN ASKED, "WOULD YOU ALLOW THEM TO COME IN HERE WITH JUST THE PERSON'S NAME AND AN ADDRESS?" MANAGER McLEMORE STATED, "SURE. ABSOLUTELY." DEPUTY MAYOR McLEOD THEN STATED, "SO - THE PERMIT WOULD BE SIMPLY HAVING THE ADDRESS AND THE NAME OF THE PARTY OF THE RESIDENCE." MANAGER McLEMORE AND MS. COOK ADDED, "AND THE DATES." DEPUTY MAYOR McLEOD ADDED, "I WOULD LIKE TO HAVE THAT AS PART OF AN AMENDMENT TO THE MOTION." COMMISSIONER MARTINEZ CLARIFIED, "THAT'S PART OF THE AMENDMENT." DEPUTY MAYOR McLEOD THEN SAID, "ALONG WITH THE AMOUNT OF WHAT IS THIS FEE." Mayor Partyka stated, "Call the Vote on the Amendment." VOTE: (ON THE AMENDMENT WHICH DOES NOT INCLUDE A FEE STRUCTURE) COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: NAY MOTION CARRIED. DEPUTY MAYOR McLEOD THEN DISCUSSED FEES AND STATED, "THE AMENDMENT WOULD BE THAT WE NEED TO ESTABLISH A FEE, AND CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 12 OF 42 WHAT IS OUR BASE FEES FOR PERMITS?" ATTORNEY GARGANESE ST A TED, "THE COMMISSION HAS THE RIGHT TO PUT THE FEE IN THE ORDINANCE ITSELF. THE BEST PRACTICE IS ALWAYS TO PUT SOME GENERAL LANGUAGE IN YOUR ORDINANCE AND ESTABLISH THE FEE BY RESOLUTION, BECAUSE IT IS MUCH EASIER TO AMEND THE RESOLUTION. ONCE THIS ORDINANCE GOES TO SECOND READING, YOU COULD ESTABLISH BY RESOLUTION THE FEE THAT WOULD GO ALONG WITH THE TEMPORARY STORAGE STRUCTURE." DEPUTY MAYOR McLEOD THEN STATED, "THEN I WOULD PULL MY MOTION ON THE FEE AT THE PRESENT TIME, AND ALLOW IT TO GO ITS NORMAL COURSE BY RESOLUTION." "I WOULD LIKE TO MAKE A MOTION THAT THE PERMITTING OF THIS WOULD BE A REQUIREMENT OF HAVING THE ADDRESS AND THE NAME OF THE PERSON AT THE RESIDENCE - WITH THE DATE." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON THE NEW AMENDMENT) COMMISSIONER GENNELL: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: NAY DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese then clarified the previous actions of the Commission and stated, "We will make the technical amendment to make the provider of the temporary structure obtaining the permit. Section '(g)' read that the City Manager has the right to extend up until the next City Commission Meeting. Any further extensions would require the City Commission's approval. The application shall include the name of the person, the address, and the date." Deputy Mayor McLeod added, "It shall only require the name of the person, address, and date." Attorney Garganese agreed and stated, "... Only require... and the fee will be established by Resolution." . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 13 OF 42 Manager McLemore then said, "There will probably have to be some other information on the permit, but what I think you are trying to do is keep it from having to have a drawing or a map, right?" Manager McLemore then stated, "I just wonder if we couldn't just exclude those from the Ordinance so we don't wind up here and saying 'Can we print the fee on the permit?'" Mayor Partyka added, "According to this, again this Ordinance, it doesn't say anything about needing a map, site plan or anything else, therefore there is no reason why we should read into this." Attorney Garganese added, "It's not required." Additionally, Manager McLemore stated, "Site plan is not required." Commissioner Blake asked Attorney Garganese, "Did you get "Section '(~),' twenty-four (24) hours?" Attorney Garganese agreed and added, "The provider will remove within twenty-four (24) hours." Mayor Partyka then said to Attorney Garganese, "Once you get that finished, because it's fairly complicated, and it's changed a lot, could you get - a corrected copy to us, as quickly as you can - within reason." Attorney Garganese stated, "Yes." Mayor Partyka called a break at 8:24 p.m. The Meeting was called back to order at 8:43 p.m. Mayor Partyka stated, "Let the record show all five (5) Commissioners are here - everyone is here." "Point of Order" by Commissioner Gennell who spoke on the high temperature in the Chambers. Discussion ensued on moving up Regular Agenda Item "A." Mayor Partyka polled the Commission who agreed to hear this Item. .:..:. AGENDA NOTE: REGULAR AGENDA ITEM "A" WAS NEXT HEARD BY THE COMMISSION. .:. .:. VI. REGULAR REGULAR A. Community Development Department Requests The City Commission Receive Information From TEl Engineers And Planners On The S.R. 434 Access Management And Road Resurfacing Program. Mr. Charles C. Carrington, AICP, Community Development Department Director introduced Mr. Kent Black, Project Manager with TEl Engineers and Planners. .. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 14 OF 42 Mr. Kent Black, TEl Engineers & Planners, 300 Premier Boulevard, Lake Mary, Florida: presented to the Commission an overview from the second public Workshop that was recently held. Commissioner Gennell asked, "This 17-92 entrance statement, it's nice, but I don't see it represented where you plan to place it on there?" Mr. Black replied, "We are right now within the study concept phase and we're generally looking for approval of the look and the type of materials. Some of these features and some of the locations of these features will become a design issue, within the design of the project, and so we'll be coming back with some of these major features to you, to gain approval of the location and the exact look of those as we more develop what those things might look like." Discussion. Tape 2/Side B Deputy Mayor McLeod stated, "I like to see us do things, but I don't like to see us hurt businesses that have been here a number of years, ifthere is any way to prevent that." With further discussion,. Manager McLemore asked have "We had any success with reducing the speed limit in the Village Walk area?" Mr. Black responded, "My opinion is that the improvements and enhancements that will occur will have a tendency to slow drivers down. Anytime you put visual, and I'll call them obstructions, but they are really beautification; there are trees and shrubs and things like that and then you provide interest along side the roadway; it has a natural tendency. to slow traffic down. I think -:- and we can approach the Department of Transportation with this to see if they will be interested in reducing the speed through that area. My gut reaction to that is that they probably will not want to see that occur; that they would like to see the other physical features that are being provided on the roadway do it's natural calming of the traffic there." Manager McLemore stated, "Well - that's fine, but we also had requested that we attempt to do that." Mr. Black then stated, "And we'll certainly do that. We'll approach the Department with that issue." Mayor Partyka inquired, "Have we taken or tried to take steps to try and fix some of these issues?" Mr. Black said, "For example, the Star Brite Cleaners. Originally we were looking in that area as probably not having a median opening at all, and then as we. analyzed that and looked at the congregation of streets that occur right there and also the needs of the access to that property, provided what would be a Westbound directional left turn to be able to pull into that property. As we move further into the design of this, there may be minor modifications throughout this, and we will be looking for opportunities to help people as much as we possibly can with their access. The other example would be down at Hayes Road, near where the tree business is, we're going to look at modifying the concept to provide a left turn lane off of the roadway to be able to turn left into that property and when we move into design, we'll look at the width of that driveway and consider whether we can within this project maybe widen that driveway out a little bit ~ ~ CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 15 OF 42 more to make that a better turn for larger vehicles and things like that, so we are trying to tweak the program." "As far as the next steps for the project, if we're not giving a negative reaction from the City Commission after tonight, our intention is to move this study forward to finalize our recommendations within the study, go to the Department of Transportation to have the "Access Class" of the roadway reclassified to "Access Class 5" which allows the raised medians, and then move forward with - the County, the City and the Department towards the design phases of this project." Manager McLemore stated, "You've got again two (2) choices. Whether we are going to have just a repaving or whether we are going to do some real treatment - to the roads to make them safer and certainly to beautify that whole area." "I WOULD LIKE TO RECOMMEND THAT - TEl BE PERMITTED TO MOVE TO THE NEXT STEP." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Discussion ensued on moving up Add-On Regular Agenda Item "1." Mayor Partyka . polled the Commission who all agreed to hear this Item. .:. .:. AGENDA NOTE: WITH DISCUSSION BY THE COMMISSION, IT WAS AGREED THAT REGULAR AGENDA ITEM "I" WOULD BE HEARD NEXT. .:. .:. REGULAR I. City Manager Requesting The Commission To: . Adopt Resolution #2001-15 That Amends Resolution #2001-10. . Authorize The City Manager Subject To The Provisions Of Said Resolution To Award The Sale Of The Bonds To The Underwriter(s) If Present Value Savings For The Series 1991 Bonds Exceeds 10% And If The Present Value Savings For The Series 1992 Bonds Exceeds 5%. Manager McLemore introduced Mr. David Moore of Public Financial Management who briefly explained this Agenda Item by stating that the Amendment "Is just to change the " j.. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 16 OF 42 savings - the minimum savings threshold from six percent (6%) to five percent (5%) on the second of the two financings." Discussion. "I'LL MAKE A MOTION TO SUPPORT OR APPROVE THE MANAGER'S REQUEST." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE COMMISSION THEN RETURNED TO THE PUBLIC HEARINGS AGENDA. THE NEXT ITEM IN ORDER TO BE DISCUSSED WAS PUBLIC HEARINGS AGENDA ITEM "B." .:. .:. PUBLIC HEARINGS A. City Manager And City Attorney Present To The City Commission For First Reading Ordinance No. 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. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. '\. ,': CITY OF WINTER SPRINGS M [NUTES CITY COMMISSION REGULAR MEETING - JUNE I 1.2001 PAGE 170F42 The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS C. City Manager And City Attorney Present To The City Commission For First Reading Ordinance No. 2001-38 That Would Regulate Open Alcoholic Beverage Containers. "I WOULD LIKE TO MOVE TO TABLE ITEM 'c.'" MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION ON COMMISSIONER GENNELL'S DESIRE TO READ THE ORDINANCE IN IT'S ENTIRETY. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY MOTION CARRIED. Commissioner Miller then stated, "I would like to ask that Commissioner Gennell inform the Commission in a Memorandum, before the next Reading, of what the items are that concern you." PUBLIC HEARINGS D. Community Development Department Requests The City Commission Hold A Public Hearing For 2nd Reading And Approval Of Ordinance 2001- 34 For W/S Town Center Auto That Would Annex A 1.36 Acre Parcel. Attorney Garganese read the Ordinance by "Title" only. .. '," CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 18 OF 42 Commissioner Blake inquired about the "draft" pictures included in Attachment "e." Attorney Garganese stated that "Attachment 'C' is not part of the annexation Ordinance." Attorney Garganese further stated that this was provided for informational purposes only. Tape 3/Side A Commissioner Gennell asked Attorney Garganese, "This application for annexation which is - Attachment '8.' On the bottom line it says, 'The intent of this request for annexation into the City of Winter Springs is a Small Auto Service Facility. Now, if we were to approve this annexation application, are we in any way condoning - indicating that we would give future approval for that auto service facility there?" Attorney Garganese stated, "No." Commissioner Martinez said, "What I don't want to hear in the future, and I said this before, and I'll repeat it again. I don't want the City Attorney and the Manager coming back to us and saying, 'Well, we allowed this man to file an application. We allowed him to spend some money. Now we're going to have to allow him to have his business because otherwise we'll go to Court, and we're going to have to pay." Commissioner Martinez further stated, "We have to know up front, that we're going to do this the right way. " 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 THAT WE ADOPT ORDINANCE 2001-34 ANNEXING THE PARCEL ON 434." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. , CITY OF WINTER SPRINGS M (NUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 190F42 PUBLIC HEARINGS E. Community Development Department Requests The City Commission Hold A Public Hearing For 1 sl Reading Of Ordinance 2001-40 For A Small Scale Comprehensive Plan Amendment (SS-CPA- 03-2001) For W/S Town Center Auto That Would Change The Future Land Use Map Designation Of A 1.36 Acre Property From A Seminole County Designation Of Office To The City Of Winter Springs' New Town Center Land Use Designation. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Carrington introduced this Agenda Item. Brief discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Gennell stated that "Number four (4) on page two (2) says the legal description is Attachment 'C' and it's not. It's in Attachment 'A.'" Mayor Partyka stated, "Let the record show the Ordinance is correct." Attorney Garganese added, "It should just simply say, 'See Ordinance.'" "I WOULD LIKE TO MAKE A MOTION TO MOVE ORDINANCE 2001-40 TO SECOND READING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. ". ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 20 OF 42 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS F. Community Development Department Presents To The Commission The Second Reading Of The Recommendation Of The Districting Commission As It Relates To The Redistricting Of The City And To Request Adoption Of Ordinance No. 2001-33 Which Will Establish District Boundaries Reflecting The January 31, 2001 Population. Attorney Garganese read the "Title" of Ordinance Number 2001-33. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Attorney Garganese stated, "As you recall during the First Reading, Section 2. was added to state the City Commission's intent between Districts Two and Five. That Section was added based on your previous action." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ITEM 'F.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER GENNELL ASKED, "WHETHER OR NOT THERE WAS ANY CHANGE IN THAT SOUTHERN BOUNDARY?" MR. CARRINGTON ST A TED, "BOTH THE EXISTING AND THE NEW DISTRICT BOUNDARIES ARE INCLUDED IN YOUR AGENDA. IF YOU LOOK AT THE OLD ONE YOU WILL NOTICE THAT THE BOUNDARY FROM DAVID STREET ACTUALLY WENT UP TO EDWIN STREET THERE. A SMALL PORTION OF THOSE HOUSES WAS INCLUDED." THE LINE NOW, IS RIGHT ALONG HERE - RIGHT ALONG HERE AND BACK. SO THE SMALL PORTION RIGHT WHERE MY FINGER IS HAS BEEN DELETED FROM THAT SECTION." " ~' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 21 OF 42 COMMISSIONER GENNELL ADDED, "IT HAS BEEN DELETED FROM DISTRICT I." VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS G. Community Development Department Presents To The Commission For Adoption The Second Reading Of Ordinance No. 2001-35 Which Will Vacate And Abandon An Unnamed Right-Of-Way Located On The West Side Of Tuskawilla Road, South Of State Road 434 And Contiguous To The Current Town Center District In Plat Book 1, Page 5, Public Records Of Seminole County, Florida. Attorney Garganese read Ordinance 2001-35 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ORDINANCE 2001-35 FOR ADOPTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. " ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JUNE 11.2001 PAGE 22 OF 42 PUBLIC HEARINGS H. Community Development Department Presents To The Commission For Their Action The Second Reading Of Ordinance No. 2001-36 Which Will Vacate And Abandon A Portion First Street Located Northeast Of State 434 In The Town Center District And Recorded In Plat Book 1, Page 5, Public Records Of Seminole County, Florida. Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Gennell inquired of Mr. Carrington, and asked for clarification that "Not a single piece of this is any way part of the National Scenic Trail." Mr. Carrington confirmed this and stated, "You are absolutely correct. It does not affect the Trail in any way." "MOTION TO APPROVE ITEM 'H.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REVISED PUBLIC HEARINGS I. City Manager And City Attorney Present To The City Commission For Second Reading Ordinance No. 2001-37 That Would Establish A Temporary One Hundred Twenty (120) Day Moratorium On The Issuance Of Permits For Off-Premises Signs. Attorney Garganese read Ordinance 2001-37 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was dosed. -t ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 23 OF 42 Commissioner Gennell stated that "I did speak with Mr. Garganese about it and that is that it is in my conscious recollection that we actually - did enact an Ordinance prohibiting and providing for removing - and everything of these billboards, along the 434 corridor at least, and that may be subject to us finding that; and by taking this action, we don't weaken anything preexisting we already have, do we?" Attorney Garganese replied, "No, Ma'am. You do prohibit off-site advertising in the new redeveloped 434 Redevelopment Area and the old 434 Redevelopment Area, but you do have some provisions that provide for off-site advertising elsewhere in the City. All of these issues would have to be studied within this one hundred twenty (120) day period, and we will bring back a recommendation." Attorney Garganese then stated that, "House Bill 1053 would require a municipality to compensate the billboard owners for any removal of existing signs. So, the purpose of the Ordinance is to put a moratorium so we can study the impact of that bill, should the Governor sign it. Further, Seminole County recently adopted a new Ordinance limiting billboards to a certain fixed number. That will'have an impact on billboards in the City of Winter Springs. So for both of those pieces of legislation, I think City Staff needs to study and recommend to you whether you need to change any provisions in your Code, for new billboards, not existing. New billboards." "I MAKE A MOTION TO ADOPT ORDINANCE 2001-37." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VI. REGULAR REGULAR B. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. Mr. Chuck Pula, Parks and Recreation Department Director introduced this Agenda Item, and stated that "On the 'Considerations,' the second 'Consideration' there is a typographical error. On the second 'Consideration,' third line, it should state there, 'the -i. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 24 OF 42 city for out-of-pocket expenses for police, fire, electricity, restrooms, and extra personnel cost for this event. '" Mr. Rick Marshall, President of the Scottish-American Society: presented Mayor Partyka with the "Official signed and sealed copy of what you have before you, in your exhibits." Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR C. Parks And Recreation Department Requesting The City Commission To Consider Options For Additional Park Screening At Moss Park That Is Not Budgeted And Would Require New Appropriation. Mr. Pula discussed this Agenda Item with members of the Commission. Commissioner Blake suggested "I would agree to perhaps throwing a few additional pieces of landscaping in there which would improve the buffer somewhat, but I don't think we should go over and above what we've got anyplace else." Commissioner Blake further stated, "Frankly, I would rather see this come back as a line item budget request for next year as opposed to us doing it at this point in time." Tape 3/Side B Commissioner Miller stated that "I am not certain we can let it go for a year either, because I think we're just going to get more and more people in here complaining about the noise. They do want something done, and the vegetation aspect of it I think is too slow, if we wait five (5) years for it to reach five feet (5'). I don't think we're going to give you that much time. So, I'm in favor of putting in some kind of a barrier that definitely takes care of a lot of the noise and light." With further discussion, Commissioner Miller said, "I'd like to see us put in a fence of some kind. I'd love to see this wall put in, made out of block. I think that would be fantastic, but I do realize that we may need to make some accommodations, but at least ~. ." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 25 OF 42 the stockade fence; but, I would support a cinder block wall personally, as the solution that we should take tonight, as a starting point, so I would make a Motion that.. .no I'll wait for everybody else and everybody's else's lights." Commissioner Martinez suggested that "I am not willing to spend the kind of money that you have spelled out here to put a fence at a place where there is no need for a fence because most of the other parks don't have any fences, and everything is working fine. I may go along with something cheap, like you have here, maybe some Myrtle hedges or something like that, but not the kind of wall that Commissioner Miller is recommending which is very costly. We don't have the money." Commissioner Gennell asked Manager McLemore "Do we have the money in the reserves." Manager McLemore stated, "Yes." Commissioner Gennell then stated that "I do support the Staffs recommendation." Furthermore, Commissioner Gennell stated, "Mr. Mayor, when it's appropriate I'll be ready to make a Motion in support of this, and my Motion would be to follow the Staffs recommendation on this portion, and then entertain the second portion, which is the 220 feet in the - upcoming budget." Deputy Mayor McLeod stated, "I have a problem with this thing, spending those kind of dollars additional to the park. I think the residents are no different than other residents. If it's annoying to them then at this point I think - they have an option to put a stockade wood fence in their back yard; they have the option of also putting Wax Myrtles. I do not believe that we've brought something more into the neighborhood. You know, the parks have been there for years. The parks been used, perhaps right now because the better equipment is there, there may be more activity by mothers, and kids, and fathers with their kids there and I'm also sure there is some more activity due to teenagers with the basketball, but the whole idea was to get the kids back into the parks and off the streets, so with that Mayor, I'm ready to make a Motion on this thing." Mayor Partyka stated, "Everybody has talked: Is there any problem with making a Motion. Okay, then I'll ask Commissioner Miller." Commissioner Miller stated, "At any case, people have brought up issues about not having enough money and things like that. This is one of those ongoing things. We started this. We had a budget originally to put in - landscaping, the landscaping, I'm not sure this was the original landscaping that we had in mind, in any case, I have to tell you that it's the sorriest landscaping I have seen in a long time, especially since it has been there for at least six (6), eight (8) months. Half, well not half, probably twenty percent (20%) look like they are not going to make it through the next month or two, so if there is an irrigation system in there, I'm not sure there if it's really a timed irrigation." "I FEEL REALLY STRONGLY ABOUT THIS SO I WOULD LIKE TO MAKE THE MOTION THAT WE ADOPT - APPROVE THE EXPENDITURE OF $36,000.00 TO BUILD THAT WALL FOR THE TWO (2) SIDES AND PUT THE 3RD EXTENSION OF THAT WALL IN THE BUDGET FOR NEXT YEAR," ~ " CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 26 OF 42 MOTION BY COMMISSIONER MILLER. MAYOR PARTYKA STATED, "OKAY, COMMISSIONER MILLER, COMMISSIONER..." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. MAYOR PARTYKA CONTINUED, "COMMISSIONER BLAKE NEEDS TO SAY SOMETHING SO, AS HAS BEEN THE PRECEDENT, COMMISSIONER BLAKE, YOU HAVE SOMETHING TO SAY?" COMMISSIONER BLAKE STATED, "WELL, IS THERE A MOTION ON THE FLOOR?" MAYOR PARTYKA STATED, "NO, THERE IS NO MOTION." COMMISSIONER GENNELL ADDED, "YES, THERE'S A MOTION AND A SECOND, YES." DISCUSSION ENSUED ON WHO WAS TO MAKE THIS MOTION. COMMISSIONER BLAKE THEN SAID, "IF WE WERE TO BUILD A BRICK WALL THERE, AND IF THERE IS A VANDALISM ISSUE THERE, I'M CONCERNED ABOUT THE GRAFFITI ISSUE WITH BRICK WALLS. ARE WE PLANTING AN EASEL FOR THEM? HOW EXPENSIVE IS IT TO HAVE A BRICK WALL SAND BLASTED OR WHATEVER YOU HAVE TO DO TO REMOVE GRAFFITI ON IT, AS OPPOSED TO A CONCRETE BLOCK WALL WITH STUCCO?" Commissioner Martinez stated, "Point of Order. What we decided a long time ago was every Commissioner would get a turn and after every Commissioner got a turn, a Motion was in order, and that has happened tonight. " ADDITIONAL DISCUSSION ENSUED ON WHO WAS ABLE TO MAKE THIS MOTION. REGARDING COMMISSIONER MILLER'S MOTION, MAYOR PARTYKA EXPLAINED THAT "NO, I DIDN'T ACCEPT HIS MOTION." "MOTION TO EXTEND FOR HALF AN HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: (TO EXTEND THE MEETING) COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. MAYOR PARTYKA STATED, "COMMISSIONER McLEOD, YOU WERE THE FIRST ONE TO REQUEST A MOTION." COMMISSIONER GENNELL STATED, "MR. MAYOR, MR. MILLER HAD THE FLOOR AND MADE THE MOTION. I DON'T KNOW THAT YOU CAN SAY THAT HE DIDN'T MAKE .' ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11.200 I PAGE 27 OF 42 THE MOTION IF HE HAD THE FLOOR." MAYOR PARTYKA STATED, "COMMISSIONER GENNELL, I HAVE BEEN DOING THIS A NUMBER OF TIMES, AND WE'VE ALWAYS - NO, NO, NO. WE ALLOW PEOPLE TO SPEAK, THIS IS YOUR RULE, AND I'M TRYING TO BE COURTEOUS AND RESPECTFUL TO THE FIRST PERSON THAT ACTUALLY WANTED TO MAKE THE MOTION. SO WE HAVE ALLOWED THAT. IT'S COMMISSIONER McLEOD." COMMISSIONER MILLER STATED, "NO, IT'S NOT. COMMISSIONER GENNELL BROUGHT IT UP UNDER HER SEAT WHEN SHE WAS SPEAKING, THAT IF IT WAS IN ORDER, SHE WAS READY TO MAKE A MOTION." DEPUTY MAYOR McLEOD STATED, "IT WASN'T IN ORDER BECAUSE I HADN'T SPOKEN YET." COMMISSIONER MARTINEZ STATED, "WELL, YOU WERE WRONG THEN BY MAKING A MOTION, KNOWING THAT SHE WANTED TO MAKE A MOTION." MAYOR PARTYKA STATED, "OKAY, SO WE'RE GOING TO JUST - FOR THE SAKE OF ENDING THIS THING AND OUT OF RESPECT..." COMMISSIONER GENNELL ADDED, I SAID, WHEN IT WAS IN ORDER, I WOULD LIKE TO MAKE A MOTION..." MAYOR PARTYKA STATED, "THAT'S RIGHT." COMMISSIONER GENNELL SAID, "THAT WAS MY COMMENT." MAYOR PARTYKA THEN SAID, "OKAY, COMMISSIONER McLEOD." DEPUTY MAYOR McLEOD STATED, "OKAY. I'D LIKE TO MAKE A MOTION THAT WE DO NOT APPROVE ITEM 'c' AS LAID OUT HERE IN FRONT OF US THIS EVENING, AND THAT IF THERE IS ANYTHING IN THIS, IT SHOULD BE PUT IN THIS YEAR'S BUDGET TO SEE IF WE CAN AFFORD TO DO THIS AT THIS TIME." COMMISSIONER BLAKE ASKED, "DO YOU MEAN THE COMING YEAR'S BUDGET?" DEPUTY MAYOR McLEOD REPLIED, "THIS COMING YEAR'S BUDGET." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. "Point of Order" by Commissioner Miller. "Mayor, I'm going to challenge this, however J have to challenge this legally, because there was a Motion on the floor. Whether you're correct or not I'm really aware of that, we'll find out. I'm just letting you know that I'm going to - J want to challenge - whatever the finding is - however it goes. J think you're being arbitrary." Mayor Partyka stated, "Okay, as a Chair, J can make this. " Members of the Commisison further discussed who was able to make the previous Motion. Mayor Partyka stated, "Commissioner Miller, the Motion is going to be valid either way, once we decide on this. Now, Commissioner McLeod, I am going to rely on you here. Did you request to make the Motion ahead of Commissioner Gennell?" Deputy Mayor McLeod stated, "No I did not, however, Commissioner Gennell - the practice has been .' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- JUNE 11,2001 PAGE 28 OF 42 that once all Commissioners have spoken, then they can make a Motion. All Commissioners had not spoken. I had not spoken yet. All the rest of the Commissioners had spoken up to that point, and that's why my question earlier was to you Mayor. If I was the first one to speak at any given item and as soon as I spoke, I said I want to make the Motion, then no matter what the other four (4) said, it would sti 11 come back to me to make the Motion? 1 disagree with that respectfully, and I think once after we had been doing this, once after all Commissioners have spoken, at least once, then a Motion is in order." Commissioner Martinez added, "And let the others speak under discussion." Deputy Mayor McLeod added, "That's correct. And that's exactly what I did this evening, and that's why 1 said 1 was willing to make the Motion at that time, and then it went on to Mr. Miller. Okay." Mayor Partyka then said, "All right, so you're saying, you really didn't do that. It's Commissioner Gennell? Deputy Mayor McLeod commented, "I am saying Commissioner Gennell had made it prior to me ever having the first time of speaking. I had not spoken yet, and I did desire to speak. Now..." Mayor Partyka added, "Now, I recognize that, all right." "... Which we have been waiting until everybody has spoken..." Mayor Partyka stated, "I agree." Deputy Mayor McLeod then said, "...And then turned for a Motion, and that's exactly what 1 did this evening." Mayor Partyka stated, "I agree. So, did you have - did you not say or want to say anything then?" Deputy Mayor McLeod said, "When?" Mayor Partyka said, "Now that we found out that you didn't have a chance to speak. Do you want to speak?" Deputy Mayor McLeod clarified, "I did speak. Let me back up Mayor. All Commissioners had spoken, except myself. At the time Commissioner Gennell asked to make a Motion, 1 had my light on. You called on me to speak. That was the first time I spoke. At the end of speaking I said I was going to make the Motion, You asked me to wait a moment and you went to Mr. Miller, which was his second - or third time. Okay. Commissioner Blake added, "Bypassing me." Mayor Partyka said, "I have the sequence so I know..." Deputy Mayor McLeod added, "Which I believe in - your Resolution of the way that you suggested to 'go ahead and allow me to make the Motion, was proper for what we have done in the past. Thank you." Mayor Partyka stated, "I still accept your Motion right now, because you started this already and right or wrong, I am going to allow you to make the Motion." Deputy Mayor McLeod commented, "I have made the Motion and it has been seconded." Mayor Partyka said, "Okay. Any further discussion? Call the Vote." VOTE: (ON DEPUTY MAYOR McLEOD'S MOTION) COMMISSIONER GENNELL: NAY DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE "Point of Order" by Commissioner Miller, on bringing this matter up again. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2001 PAGE 29 OF 42 COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka commented on getting the Meeting done in a quicker manner. "Point of Order" by Commissioner Gennell on getting the air conditioning flXed. Mayor Partyka stated, "City Manager, fiX the air conditioning. .. Mayor Partyka called a break at 11: lOp. m. The Meeting was called back to order at11: 15 p.m. A cake was presented to Commissioner Blake in honor of his Birthday. REGULAR D. City Manager Requesting The Commission To Establish A Workshop Date To Review The Charter Revisions Prepared By Jim Burgess. With discussion by the Commission, it was agreed that a Workshop would be held on Wednesday, August 1, 2001, beginning at 6:30 p.m. REGULAR E. City Manager Requesting The City Commission Review A "Request For Travel Reimbursement" For A Member Of The Districting Commission; In Addition To Confirming That The Districting Commission Is Considered To Be One Of The City's Advisory Boards, Similar To The Board Of Adjustment Or The Beautification Of Winter Springs Board, Which Would Influence The Decision Regarding Payment For This "Request For Travel Reimbursement." Mayor Partyka advised the Commisison that he had discussed this matter with Mr. McShea and "After I had explained to him what the $25.00 was for, that it - was in the City expenses, like mileage and going to City Hall, etc., he said that no one has ever explained that to him, that's the reason why he submitted it, and really, he does not wish to be reimbursed the fourteen dollars ($14.00) for traveling within the City." Mayor Partyka added, "And this is similar to other people coming in, new people, they're just not familiar with what's good or not good." "MOTION TO DENY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 30 OF 42 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Gennell stated, "This item, it's not establishing policy across the Board for the Board expenses is it? It's just dealing with this one (1) request?" Mayor Partyka stated, "That's correct." Manager McLemore stated, "Not from me. From now on, I'm not going to entertain any more expenses for inter-city travel. You made that - that's from your direction." Manager McLemore added, "You just addressed travel within the City. If you want to expand that, you need to say that now - or I'll bring it back to you for further consideration." Commissioner Gennell stated, "No." REGULAR F. Office Of The City Clerk Requests That The City Commission Decide On The Appropriate Appointments Or Reappointments For Terms Of Office Which Will Be Expiring In July 2001 - Specifically Regarding Several Members Of The Beautification Of Winter Springs Board; The Board Of Adjustment; The Code Enforcement Board; The Planning And Zoning Board/Local Planning Agency; And The Terms Of Office Which Will Be Expiring In August 2001 - Specifically Regarding Several Members Of The Oak Forest Wall And Beautification District Advisory Committee, And The Tuscawilla Lighting And Beautification District Advisory Committee. "I WOULD LIKE TO REAPPOINT DA WNA FERGUSON" TO THE BEAUTIFICATION OF WINTER SPRINGS BOARD. MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "ON THE PLANNING AND ZONING BOARD, I WOULD LIKE TO REAPPOINT BILL FERNANDEZ." MOTION BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE310F42 VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "LINDA TILLIS" TO THE TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "BEAUTIFICATION OF WINTER SPRINGS BOARD - ETHEL BEEECHER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "BOARD OF ADJUSTMENT - JACK TAYLOR." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. -., CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 32 OF 42 "CODE ENFORCEMENT BOARD - MERVIN WARNER." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "PLANNING AND ZONING BOARD - ROSANNE KARR." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. . VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE - DONALD GILMORE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka stated, "I pass all those Congratulations to everybody." -" 1; CITY OF WINTER SPRfNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 33 OF 42 REGULAR G. Community Development Department Presents To The City Commission In Their Capacity As The Development Review Committee For The Town Center A Concept Plan For Review And Approval For The Tuskawilla Commercial Property. Ms. Sandy Bierly: reviewed plans for this project with the Commission. Mr. Carrington spoke on this project and explained that this Agenda Item involves Ms. Bierly "Asking for concept approval. She'll be back before you with a site plan and final engineering in your capacity as the DRC Review Committee for the Town Center, at some future date." Discussion ensued on walls separating uses; vinyl fencing; and right-of-ways. Attorney Garganese stated, "This is the first time under the Town Center Code where you had somebody apply for that Preliminary Review; and just so it is clear, under our Town Center Code, applicants may at their option submit designs for Preliminary Review, and it is subject to further approval by the Commission." With discussion on the issue of walls and buffers, Ms. Bierly stated, "If a wall is a major issue, ifthere is no way around that, then I'll build a wall. Trees will come down. You know, it's just a lot more difficult to do, given my site constraints, but you know, I'll try to work with it." Mayor Partyka said, "I need a Motion here, 'To review and accept the conceptual plan.'" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. Tape 4/Side A Commissioner Blake inquired, "Did the Motion include anything about a wall, or any separation, or buffer, or anything like that is what I am concerned about. What I don't want is the developer coming in here and not yielding to anybody, when they go through this part ofthe process, and they say, well, back on that date you approved what I brought in, and now you're saying we have to do it differently.'" Commissioner Martinez stated, "It says here she has a tree buffer there, and if you want a - she'll have to bring down the trees. I'd rather see the trees stay there and put up a brick wall. I mean if the trees suffice." SECONDED BY COMMISSIONER MILLER. DISCUSSION ENSUED ON THE TREE LINE. MS. BIERLY STATED, "WHAT I COULD DO BY THE TIME WE COME BACK WITH FINAL ENGINEERING, I WILL HAVE THE ENGINEER OVERLAY ON THE AERIAL SO YOU CAN SEE EXACTLY WHAT'S GOING TO BE LEFT." MS. BIERLY THEN STATED THAT REGARDING A / ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE II, 2001 PAGE 34 OF 42 MASONRY WALL, "IT WOULDN'T BE ANY PROBLEM WITH THEM, THE PROBLEM I HAVE - IS HOW TIGHT IT IS, HOW TIGHT THE GROUND IS THERE. I WOULD BE ELIMINATING LOTS, WHICH DEVELOPERS DON'T LIKE TO DO." DEPUTY MAYOR McLEOD THEN INQUIRED, "WHAT IS THE DIFFERENCE BETWEEN A THREE INCH (3") POST WITH WIRE ON IT VERSUS THE WIDTH OF WHAT, AN EIGHT INCH (8") CONCRETE BLOCK WALL? THIS FIVE INCHES (5") DIFFERENCE IS GOING TO MAKE ALL THIS DIFFERENCE IN THE WORLD TO WHAT YOU'RE GOING TO DO TO THAT LOT? YOU'RE GOING TO ELIMINATE LOTS BECAUSE OF THAT?" MS. BIERLY RESPONDED, "THAT'S WHAT MY ENGINEER TOLD ME." DEPUTY 'MAYOR McLEOD SAID, "FOR FIVE INCHES (5")? I THINK THAT WOULD BE INTERESTING TO SEE HIM COME BACK WITH THAT - I'D LIKE TO SEE THAT IN WRITING." MS. BIERLY ADDED, "AS LONG AS I DON'T LOSE LOTS, I'M FINE." DEPUTY MAYOR McLEOD STATED, "I'D LIKE TO SEE IT IN WRITING THAT YOU'RE GOING TO LOSE LOTS BECAUSE OF FIVE INCHES (5")." VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONERGENNELL: AYE MOTION CARRIED. Mayor Partyka stated that the Concept Plan passes." "MOTION TO EXTEND - TO TWELVE (12:00)." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: NAY "Point of Order" by Commissioner Martinez. COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION DID NOT CARRY. Mayor Partyka stated, "Motion to Adjourn?" " " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 35 OF 42 "SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION DID NOT CARRY. "I'D LIKE TO MAKE ANOTHER MOTION THAT WE EXTEND THE MEETING TO 12:05." MOTION BY DEPUTY MAYOR McLEOD. MOTION DIED FOR LACK OF A SECOND. Commissioner Blake asked Manager McLemore "What Items do you have?" Manager McLemore and Commissioner Blake agreed that the Add-On Regular "H" Item and Attorney Garganese's Report still needed to be discussed. Manager McLemore also stated that "I need to give you a report on the Parker Property and a subsequent offer." "I'D LIKE TO EXTEND THE MEETING UNTIL SUCH TIME THAT THOSE ITEMS ARE COMPLETED, THE ONES THAT THE CITY MANAGER JUST MENTIONED." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: NAY MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING "ADD-ON" REGULAR AGENDA ITEM WAS NEXT HEARD BY THE COMMISSION. .:. .:. ~ \: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 36 OF 42 ADD-ON REGULAR H. City Manager Requesting The Commission To Approve An Interlocal Agreement/Easement With The Seminole County School Board To Utilize The Stormwater Retention Pond Located On Winter Springs High School Property, To Authorize The City Manager To Make Minor Changes To The Agreement Consistent With Negotiations With The School Board, And To Execute The Agreement On Behalf Of The Commission. Manager McLemore introduced this Agenda Item and explained that "Changes would result from negotiations, that they might add." "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the Commission that "Late Friday, I received a proposed Settlement offer from HCCH's Attorney regarding the proposed Respite Center. In that proposal, they claim that from their perspective it's highly unlikely that their project would ultimately get approved by the City, and they provided a draft Settlement Agreement, along with a Contract for Sale and Purchase of the proposed - Respite Center site. Generally, in the proposed Settlement Agreement they are requesting that the City Commission, as part of a comprehensive settlement purchase the property for $265,000.00. They base that figure on a summary appraisal that they apparently received. They also want the City to pay for certain expenses that they claim to have incurred, up to this date, regarding this project. All totaled, the proposed settlement is $544,853.72. Ms. Miranda Fitzgerald, Esquire with Lowndes, Drosdick, Doster, Kantor & Reed, P.A.: representing HCCH discussed this matter with members of the Commission. c.. 'C CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 1 1.2001 PAGE 37 OF 42 Much discussion. With a review of the numbers presented, Deputy Mayor McLeod stated, "I don't see that it's a good faith settlement or proposal, presented here. I think its semantics. I think it has been brought forward to try to show that there is some intent of a settlement, and I do not believe that the numbers in front of us are good solid numbers, by any means." Ms. Fitzgerald stated, "What I was hoping to be able to do is negotiate with your Staff a settlement proposal that would come to you in the form of an agreement, that was at least agreed upon at your Staff level, and present something to you to vote in." Ms. Fitzgerald agreed that City Staff could make a recommendation to the City Commission. Furthermore, Ms. Fitzgerald stated, "Just so you know, Thursday is the day that I have to file an appeal from your DRC determination. I intend to do that. We will start spending money, very quickly, additional funds at that time, because there is a two (2) week time frame. Once I appeal that appeal, there is a two (2) week period of time when we have to have the quasi-judicial hearing in front ofthis Board." Further discussion. Commissioner Blake inquired, "Is there someway for us, through some emergency procedure, to change that time table, in the interest of the health, safety, and welfare of all the citizens in Winter Springs, to lengthen that calendar to give us an opportunity to have some substantive negotiations or conversations, or maybe come to some settlement of this?" Ms. Fitzgerald stated, "My sense, Anthony is that if you and I were agree to an extension of time, I would view that as like - its not a jurisdictional issue, it's an Ordinance issue, that if the parties would agree to an extension."Ms. Fitzgerald further stated, "But I think this is probably waivable." Attorney Garganese said, "Is it an extension of time to file an appeal or an extension of time for the hearing after you file an appeal." Ms. Fitzgerald stated, "I think either way. I mean I could certainly file something on Thursday, and then we could, you know, figure out a time frame for the Hearing that's a little longer than two (2) weeks." Commissioner Blake added, "If both parties are truly interested in sitting down together. and seeing if there is some point - where we can come to an agreement here, I would hate to think that those conversations would be clouded by this time clock that ticking in the background. If we have the ability to alter that, then I would suggest that we go down that road first and then have some conversations, making sure that nobody loses any rights in the process." Attorney Garganese stated, "I think we could stipulate and agree to that." Ms. Fitzgerald stated, "I do too." Ms. Fitzgerald asked about a progress report and suggested, "I would prefer to see if I could work with your Staff to work out something that they're comfortable with; show them the data; show them what we have as back-up for these numbers and then bring "~ {: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE I I, 2001 PAGE 38 OF 42 something back to you, with whatever direction you'd like to give tonight, or as soon as you can." Commissioner Blake then stated, "I'm willing to make a Motion to the Board and everybody else can talk about it or vote it up and down, to grant that time extension." Commissioner Martinez stated that "I do not engage in propaganda writing." Commissioner Gennell then spoke about her visit to another Respite Center, and stated "Y ou can negotiate all you want. If you reach some very low minimum amount - I would be open to it, but certainly nothing of the nature of what is represented here." Mayor Partyka stated, "The property across the street from this place which was bought by USA Services, and I represented the seller there; was bought by USA Services for $180,000.00" Attorney Garganese asked, "Is it the Commission's desire to have the City Manager and myself and further negotiate a proposed settlement that can be brought back to the Commission, if HCCH is willing to stipulate to this, I would recommend a Motion to grant HCCH an additional thirty (30) days, in which to file an appeal of the DRC's decision." Attorney Garganese further stated, "Ms. Fitzgerald, are you - prepared to stipulate to that, or do you need to go back to your client?" Ms. Fitzgerald stated, "I think what I would prefer, frankly would be to go ahead and file something- file an appeal and then extend the time, just because your Ordinance very . clearly says that I have a thirty (30) day window to file an appeal." Discussion. Regarding a designated date, Attorney Garganese stated, "I think August 15t would be the date in which their appeal would be heard. Is that what you're proposing?" Ms. Fitzgerald then said, "What I would really hope is that August 15t will be the day we bring back a Settlement Agreement that we have negotiated with your Staff." Tape 4/Side B Further discussion ensued on the two (2) week time frame. Attorney Garganese suggested that the Motion should be: "A Motion that upon filing of the Notice of Appeal, which we expect on Thursday, the City Commission will grant an extension for the Hearing date until August 6th of 2001, provided HCCH provides us with their written consent to that, unless you're prepared to stipulate to August 6th." "MY FIRST MOTION IS TO AUTHORIZE THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE WITH REPRESENTATIVES OF HCCH REGARDING A SETTLEMENT AGREEMENT FOR THE PROPERTY LOCATED - IN THE INDUSTRIAL PARK." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. COMMISSIONER GENNELL STATED, "THE SETTLEMENT AGREEMENT, I ~ ~' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 1].2001 PAGE 39 OF 42 DON'T NECESSARILY THINK NEEDS TO ADDRESS THE PROPERTY PER SE, AS MUCH AS THE SETTLEMENT OF THE DISAGREEMENT BETWEEN US, BECAUSE I FOR ONE HAVE NOT FOR A MINUTE SAID THAT THE CITY SHOULD OWN THAT PROPERTY, AND I DON'T WANT TO LEAD TO THAT." COMMISSIONER BLAKE THEN SAID, "THAT WAS NOT THE INTENT OF THE MOTION." COMMISSIONER GENNELL THEN STATED, "I CAN APPRECIATE THAT THERE WAS A TIME CONSTRAINT HERE, AND THIS CAME UP THE WAY IT DID, BUT THE PUBLIC WILL NOT APPRECIATE IT, WHEN THEY HEAR ABOUT IT, OKAY. AND SO I WOULD LIKE NOT FOR ANYTHING ELSE ON THIS ISSUE TO COME UP, UNLESS IT IS PROPERLY AGENDAED, PLEASE." COMMISSIONER MARTINEZ ADDED, "I'D LIKE TO INDICATE THAT THE PROPERTY IS LOCATED AT 250 OLD SANFORD-OVIEDO ROAD, WINTER SPRINGS." VOTE: DEPUTY MAYOR McLEOD:' AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "THE SECOND MOTION WOULD BE TO GRANT AN EXTENSION TO HCCH OF THEIR DRC APPEAL TO AUGUST 6TH, 2001, PROVIDED THEY FILE A NOTICE OF APPEAL - BY THURSDAY, JUNE 14, 2001." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE INQUIRED, "DO I HAVE TO HAVE SOME LANGUAGE IN THERE ACKNOWLEDGING HER STIPULATION TO THAT OR..." ATTORNEY GARGANESE STATED, "IF SHE STATED FOR THE RECORD THAT THEY WOULD STIPULATE TO THAT SCHEDULE DATE." ATTORNEY GARGANESE ASKED THAT THE RECORD REFLECT THAT "THEY DID STIPULATE TO THAT." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. '" ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE 40 OF 42 Commissioner Blake commented to Ms. Fitzgerald that "While the City Manager and the City Attorney were authorized to negotiate, they weren't given any parameters or authorizations to accept or approve anything - so it does still have to come back." REPORTS B. City Manager - Ronald W. McLemore Manager McLemore advised the Commission that "We did receive late last week, another indication of interest from the Parker brothers, on the sale of their property adjacent to Central Winds Park in the City. That number was considerably more than we had offered. As 1 recall it was $3.3 million dollars. We had offered $2.5 and - that they wanted us to provide them with a $600,000.00 tax credit or verification of that." Discussion. Manager McLemore offered the Commission several options: "Alternative One. We let them know that we simply would not be interested in an offer that goes beyond where we were before. Alternative Number Two. You would give us authority to - sit down and try to come up with some other number, or at least just make another offer, based on something that you could approve here tonight, or leave it up to our discretion to come up with. Alternative Number Three. Do nothing and see what they do." Commissioner Blake asked Mayor Partyka several questions. "Do you have any interest in the listing or the sale of that property?" Mayor Partyka replied, "The Parker property? No." Commissioner Blake then asked Mayor Partyka, "As a realtor, you represent the seller. Do you have listings in here or around that property that discussions like this may affect what you do with those properties. It may affect the value of this property?" Commissioner Martinez added, "You should inform him, sometimes you represent both the buyer and the seller." Mayor Partyka stated, "1 don't." Mayor Partyka then said, "To answer the question, I don't have any properties around the Parker property." Manager McLemore then stated, "Another alternative would just be to let them know that that alternative is not acceptable to us. It's too high, and they should come back with another alternative, without us putting anything on the table." Discussion. Commissioner Blake suggested "A bonafide offer. Go back with $2.4 and give them the $100,000.00 tax letter. 1 don't necessarily mind the tax letter deal. 1 don't think we have a problem with that at all, as long as we have an appraisal." Commissioner Blake further stated, "I think you need to go back with a smaller offer." Commissioner Martinez stated, "I would like to suggest that whenever you keep the lines of communication open, there is always a possibility you can come down to a meeting of the minds and a conclusion. I suggest you continue negotiating." Commissioner Gennell suggested that another option is to "Go back with the same offer." ~ .. "'4: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11,2001 PAGE410F42 Attorney Garganese stated, "The last time I did a deal like this, it's the City's responsibility to sign the appropriate IRS form. It's the person who seeks to have the tax credit as a donation, they're required to get the appraisal. They're required to state what they believe the fair market value is and deduct it from the purchase price, and then take the tax write-off. It's totally in their court. It's their responsibility and their liability. We just sign as accepting the property." Mayor Partyka further polled the Commission for their final thoughts on this matter. In addition to Commissioner Blake's suggestion, which Mayor Partyka stated, was "Slightly less than the cash, more on the tax credits. Commissioner Martinez is saying, Give him the discretion of the City Manager. Commissioner Gennell agreed that Commissioner Blake's idea was acceptable. Deputy Mayor McLeod suggested, "I would step the negotiations up a little bit, maybe a hundred thousand dollars, and then I would tell them to go get an appraisal. Whatever that tax credit comes in, above - beyond that point, we'd be willing to sign a certificate - a tax credit." Mayor Partyka summarized the polling of the Commission as "Three (3) Commissioners have said to drop the cash offer a little bit and then give the rest in a tax credit. I guess we're going to have to rely on your judgement - how low do you want to offer." "MOTION TO ADJOURN." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the Meeting at 12:35 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. REPORTS C. City Clerk - Andrea Lorenzo-Luaces t,.. J, .. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JUNE I I, 2001 PAGE 42 OF 42 REPORTS D. Commission Seat Two - Michael S. Blake REPORTS E. Commission Seat Three - Edward Martinez, Jr. REPORTS F. Commission Seat Four - Cindy Gennell REPORTS G. Commission Seat Five - David W. McLeod REPORTS H. Commission Seat One - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka RESPECTFULLY SUBMITTED: ^'. NOTE: These minutes were approved at the June 25. 2001 Regular City Commission Meeting.