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HomeMy WebLinkAbout_1998 10 12 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION OCTOBER 12,1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Robert Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Commissioner Gennell stated that she has comments and questions on Consent Agenda Items A, B, C and D; also on Informational Agenda Items A and B. Commissioner Blake stated that he had a question on Consent Agenda Item E. Mayor Partyka announced stated that the Second Annual Halloween Dance will be held on Friday, October 30, 1998 from 7:00 p.m. to 10:00 p.m. and will be held at Indian Trails Middle School in the Cafeteria. Mayor Partyka stated that the Parks and Recreation Department is hosting this event and stated there will be prizes for best costumes and also for the dance contest. This dance will be targeting the Indian Trails Middle School students. Mayor Partyka presented Commissioner Blake certificates for his completion of the Florida Institute of Government and Florida League of Cities Institute for Elected Municipal Officials. Mayor Partyka also presented Commissioners Miller and Martinez their certificates for the completion of the Florida Institute of Government and Florida League of Cities Institute for Elected Municipal Officials. II. PUBLIC INPUT: Joanne Krebs, 1002 Taproot Dr., spoke regarding the legal fees in the 98/99 budget. III. CONSENT AGENDA Community Development Department/land Development Division A. Requests Commission approval for the Final Engineering of Fox Glen - Phase II, Chelsea Parc at Tuscawilla subdivision. Fire Department B. Requesting authorization to enter into a term contract for Billing Services for the Emergency Medical Transport System. Regular Meeting City CommissionOctober 12.1998 97-98-45 Page 2 Public Works Department C. Requesting authorization to enter into a Contractual Agreement for Drainage, Roadway and Water Main Improvements on Panama Road. Utility Department D. Requesting Authorization to enter into a Contractual Agreement for the Reclaimed Water Interconnection. Community Development Department/Land Development Division E. Requests Commission approval of the landscape and wall plan for Wicklow Estates. Commissioner Gennell said it seemed to her that Consent Agenda Item A had a lot of reservations to be put on a Consent Agenda. Commissioner Blake said he had a concern about Wetlands Area 2, lots 143-149. Discussion. Commissioner Blake said is it his understanding that after this is platted then they would relinquish this easement on this property for drainage and said that sometime in the future someone ought to go through and get that filled in so it doesn't create a nuisance in the future. Mr. Lockcuff said the City, as the property owner, it would be the City's responsibility. Commissioner Blake asked if this has been discussed with the developer about them taking care of the easement. Mr. Lockcuff stated that there are certain mitigation thresholds and the developer has done what they can do within the thresholds that they are working within. Mr. Lockcuff stated that relinquishing the easement is a reasonable request. Discussion on Consent Agenda Item "B". Commissioner Gennell asked if the current has expired. Tim Lallathin, Fire Chief, stated that the current agreement was a one year contract, renewable up to five years and said technically we have not executed a new agreement with them and stated that the City has been using the current billing agency for two years. Commissioner Gennell asked if references where checked. Chief Lallathin stated that Michelle Adams, from the Finance Dept., contacted the City of Winter Park, Altamonte Springs, and Orange County and said he himself contacted Seminole County and also the City of Sanford regarding the condition of the current contractor. Chief Lallathin said all the information that was provided by the other Cities, and Counties was that they were completely satisfied with the operation. Discussion on the references. Manager McLemore stated the reassurances are that the other organizations who have far more resources than we have, have done investigations to determine what is out there in the market and based on what is out there, it looks like this is our best alternative at this point in time unless we want to triple our costs. Manager McLemore said if this company doesn't perform, we can get out ofthe contract in 30 days. Regular Meeting City CommissionOctober 12. 1998 97-98-45 Page 3 Commissioner Blake stated that he is happy to see the City going with another company because he was not happy with the current company. Commissioner Martinez asked if the cost that the City will be charged is similar to the previous company. Chief Lallathin stated that the new company has a lower charge than the current company. Commissioner Miller asked if the new company doesn't collect the percentages is there some way they will cover the shortfall. Chief Lallathin said the new company will be monitored constantly on all their performances and said if we see that degrading, we will do what is within our power to do to correct the situation. Commissioner McLeod asked if the City is now asking 60%, what was the percentage of collections with the previous company. Chief Lallathin stated somewhere between 60 and 70 percent. Commissioner McLeod said what we are basically asking for is that the new company meets the minimum of what we are seeing in the past. Chief Lallathin said yes. Discussion on Consent Agenda Item "C". Commissioner Gennell said she has noticed that this project came in $200,000 than what was expected and said that means that other things can be done. Commissioner Gennell said what then can be done with the money. Mr. Lockcuff said there are still 4-5 items in the Traffic Circulation Elements of the Compo Plan that have to be done and said he thinks the Hayes Road turn lane is planned for this year and said he believes that Fisher and Moss Roads design will be done this year and built next year. Discussion. Commissioner Miller asked if most of the people on Panama Road are aware that the road will be paved. Mr. Lockcuff said yes. Commissioner Miller asked about Panama Road being a collector road. Mr. Lockcuff stated that Panama Road has been designated a collector road since 1987 went Tipton & Associates did the original study to determine the transportation system. Discussion. Commissioner Blake asked if there can be expenditures out of the Transportation Impact Fee Fund for anything that increases transportation capacity. Manager McLemore said expenditures can be made from that Fund for the scheduled projects that are related to the Compo Plan requirements, which is contained in the Circulation Plan, which the Commission has recently approved and updated and said those are projects for maintaining concurrency. Discussion on Consent Agenda Item "D". Commissioner Gennell said she has the same comments as the previous item regarding coming in under budget. Regular Meeting City CommissionOctober 12. 1998 97-98-45 Page 4 Commissioner Miller said that there are five or six spray fields going back towards Trotwood and asked if the 1,200 feet of 8' PVC that is referred to going to come off the end of that system and go through or will it be a separate pipe by-passing the spray field. Mr. Lockcuff said it is part of the pipe that goes through the spray field, and that pipe continues on easterly to the Florida Power & Light easement and at that point we are going due south towards the Oak Forest spray field and through the Oak Forest spray field. Discussion ensued. Commissioner Gennell asked about reclaimed water at Lori Ann Ln. Discussion. Manager McLemore stated that we just adopted a Master Plan. Mr. Lockcuff stated that was for the east system and said we are adding things to the west system and we haven't gone back to the plan and amended it to incorporate the things that we have added; we are making changes and need to revisit the west plan. Manager McLemore said we need to get the plan in place and then move according to the plan and suggested amending the plan. Commissioner Gennell stated that she would like a prioritized list of projects so that the Commission can review it. Manager McLemore said all construction projects on the "want" list have to be converted to dollars and said that he has stated that he doesn't have the data but said it is coming together quickly to be able to give the Commission a budget for those capital improvements. Manager McLemore said we have about 3 million dollars to work with that would not require any tax increases, so the Commission will have to fit the "want" list into those numbers. Manager McLemore said how can he prioritize something when he doesn't know what the cost is and said that is his dilemma. Discussion. Mr. Lockcuff stated that his plan was when the Commission approved the east master plan, the Commission authorized him to do a rate study and said when the rate study is done, hopefully he can go back and address the usage of reclaimed water by metering it. Mr. Lockcuff said when we can meter it, we can somehow attach a value to it and said he thinks that will reduce the consumption and when that is done, we can fee up more reclaimed water for other uses and stated that until that is done we have people using more than they should be using. Mr. Lockcuff said he prefers to do the rate study and then address through rates, metering or however we will do it to actually make reclaimed water a commodity; and with that we may be able to serve 50% more than we do now. Mayor Partyka asked what is the estimated time. Mr. Lockcuff said he might come back in the Spring and do that. Manager McLemore said at this point in time Mr. Lockcuff is saying there is zero available for adding new customers and said that is putting on hold the remaining portion of the plan. Mr. Lockcuff said that he has another four or five Regular Meeting City CommissionOctober 12.1998 97-98-45 Page 5 subdivisions to do per the existing plan and said he is not scheduling any more and said he needs to revisit the plan and said he would like to do the rate study first. Commissioner Gennell said she feels something needs to be done on the west side. Commissioner Miller said he would also like to see that issue brought up for discussion. Commissioner Miller said he thinks something should be put in the newsletter explaining the logic of the plan so that the residents will realize that there is not an infinite amount of water available all the time. Discussion on Consent Agenda Item "E". Commissioner Blake asked if there will be signage on Northern Way. Mr. LeBlanc said he thinks it is for the main entrance and said he doesn't think there will other signs; there will be a wall at the entrance next to lot 1 and a wall across lots 42, 43 and 44. Steve Samaha, developer, said they agreed that "Wicklow" will be put on both wing- walls on Northern Way and then "Wicklow Greens" at the entrance at the radius. Discussion. Commissioner Blake asked about the paving and drainage improvements on Nancy Circle. Mr. Samaha said they are scheduled and will be done and said they hope to have everything done by the end of the year. Mr. LeBlanc said this will be coming up for platting and we will receive a performance bond to complete the proj ect. Commissioner Martinez asked if the developer were able to save any of the trees that were planed to be saved when the development stage started. Mr. Samaha said yes, they have saved almost all of the trees on the high end of the site, and at the lower site didn't have many trees and said they had to add fill there and said they couldn't save many trees there. Motion was made by Commissioner Blake to approve the Consent Agenda. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. INFORMATIONAL AGENDA Community Development/Land Development Division A. Presents to the Commission information on assigning a name to S.R. 434. Community Development/Code Enforcement Division B. Informing the City Commission of the status of the HomeBuilders Association's HomeFest signage campaign. Commissioner Gennell regarding Item A, she would like to see a map. Commissioner Gennell also asked about the legal question in the packet with regards to the other entities Regular Meeting City Commission October 12. 1998 97-98-45 Page 6 having to approve the name assignment for 434. Mr. LeBlanc said he doesn't know. Attorney Guthrie said he was waiting to see what the outcome of the action tonight was and said if the Commission wanted to go further, then he would inquire about whether they would cooperate and whether they have to. Discussion. Mayor Partyka stated that the procedure on this would be if the Commission wants to go beyond this, this will be a regular agenda item at a future meeting. Motion was made by Commissioner McLeod to place Informational Agenda Item "A" on the Regular Agenda for tonight's meeting. Seconded by Commissioner Blake. Discussion. V ote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Mayor Partyka announced that this item will be moved to the Regular Agenda and will be Item "C". Discussion on Informational Agenda Item "B". Commissioner Blake commented that he was not aware that the Commission granted special permission to this entity to put up these types of signs and said it was his understanding that the Commission decided not to do this after the similar sort of fiasco happened with the Parade of Homes in the Spring, when we gave specific permission for signs in certain areas. We pointed out to the individuals from the H.B.A., of certain prohibited acts which was having signs placed in certain R-Q-W's and said the signs were placed there anyway and said he is surprised that this permission was granted to them on this limited basis. Manager McLemore said if that is correct, it is his error because he thought the consensus was that we could move ahead on the same basis as last year. Manager McLemore apologized for the error. Commissioner Blake said he would like his position on this to be very clear and that is that every time the Commission attempted to give them any benefit of the doubt, we've had this exact same situation and said his direction would be, if the rest of the Commission concurs, is that the Commission does not allow these types of illegal signs agam. Commissioner Gennell said this is something that is done for a short period of time and said she is not in agreement to have violations occur but last year we asked that the City Manager work with the H.B.A. to work out something agreeable and they did and this year the Manager went along the same lines as they were allowed to do previously. Commissioner Gennell said before she would agree to say that we would never allow this again, she would say then we won't let the firemen do the boot drive because they put signs up and knew better. Manager McLemore said we have them under our control and said they have been warned that that won't happen again. Commissioner Gennell said Regular Meeting City CommissionOctober 12.1998 97-98-45 Page 7 these sign violations that did occur, would they not have been subject to some kind of a fine. Jimette Cook, Code Enforcement Officer, stated that there are three ways to deal with sign violations, one is to pull them and throw them away, the second is to bring them to the Code Enforcement Board and said the Statutes require that they are given notice and give them a reasonable time to correct the situation, if the situation is not corrected, the sign is pulled and we schedule them for a public hearing which occurs once a month and said that is not reasonable; the third way is the citation program and that way is we issue a written warning, have to give them a reasonable time to correct the situation and if the situation is not corrected in that reasonable time then we issue a ticket. Ms. Cook said with this situation, she spoke with a representative from the H.B.A. and urged him to please stick to the agreement and said there were problems, they didn't stick to the agreement. Ms. Cook said it is a difficult repeatable offense as they have to have a reasonable time to correct the violation, they remove the signs and then the signs appear agam. Commissioner Gennell asked if it would be possible to have them put up a bond. Ms. Cook said it is her opinion that if that is done, it should be done across the board, and said she has some reservations about issuing special exceptions to one group of builders/sellers over others. Discussion. Motion was made by Commissioner Blake to accept the Informational Agenda. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. V. PUBLIC HEARINGS Community Development Department/Land Development Division A. Requests Commission approval for the Second Reading and adoption of Ordinance No. 706, vacating a portion of a Greenbelt, Drainage and Utility Easement located to the rear of Lot 35. Bear Creek Estates (761 Bear Creek Circle): Attorney Guthrie read Ord. 706 by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one wished to speak on this item. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Attorney Guthrie said this is a vacation of an easement, and stated that an alternative that he and the City Manager have talked about was to grant some type of authorization to use this property, a license agreement or something like that, that would be short of importunity, it would be for a time and conditions that the Commission could define. Attorney Guthrie said this is an alternative to the vacating if the Commission is interested in doing that, the license agreement is a right to use the property for a defined purpose for a defined period of time under certain conditions. The conditions could include simultaneous use by public utility providers who might need it, and the conditions could Regular Meeting City CommissionOctober 12. 1998 97-98-45 Page 8 include the displacement of the use the property owner wants to make in the event if there was a need to use the entire width of the easement. Attorney Guthrie said this is an alternative that some local governments use. Discussion. Commissioner Blake said how can the City give the property owner a license when they own the property. Commissioner Blake said the only thing in question is the easement, the City's right to enter the property for the benefit of the public, only for certain actions. Discussion. Attorney Guthrie stated that the City has a right to use the easement for defined purposes and said if the Commission chooses to have a license agreement, then the City would forgo those uses under certain conditions and extent. Commissioner Blake said he doesn't like the idea of giving up, specifically drainage type easements, and said this one happens to be on Bear Creek and said the City Engineer had stated that the giving up of this easement actually increases our storage and said there was the dirt consideration and stated that the landowner has deposited a bond with the City to assure the removal ofthe dirt. Manager McLemore said the only conditions that he would like in the license agreement would be that upon a finding by the Commission, that if there was a public need for the easement, then the owners would agree that they would give up the license agreement. Manager McLemore said if that be the case, the issue would be who would pay for the removal of that tennis court. Commissioner Blake asked Mike Runda, property owner - 761 Bear Creek Circle, if he has had discussions with Staff regarding the licensing agreement or a non-perpetual giving up of our easement. Mr. Runda stated no. Commissioner Blake asked if an additional week's delay would cause any hardship with getting the work done. Mr. Runda stated no. Commissioner Blake said based on that he would like Staff to further investigate the licensing agreement issue and if we were in fact to have another meeting this week, that we could take up this issue at that time and determine at that time whether there is an appropriate type of licensing arrangement to go through and if not then to bring this issue, the 2nd Reading and Public Hearing off the table at that time and act upon it . Motion was made by Commissioner Blake to table this item until later in the Agenda. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: nay; Commissioner Blake: aye; Commissioner Martinez: nay. Motion passes. VI. REGULAR AGENDA Public Works Department A. Public Works Department providing Funding Alternatives for Striping Bike Lanes: Mr. Lockcuff stated that at the last Commission meeting the Commission decided that striping bike lanes in the City was a priority and asked that alternatives be brought back on how to fund the $30,000 necessary to complete this project. Mr. Lockcuff said that Regular Meeting City CommissionOctober 12.1998 97-98-45 Page 9 Staff has three alternatives, those being: (1) General Fund Reserves - current fiscal year; (2) take from General Fund Reserves after the 97/98 audit determines the actual amount of the reserves; (3) come back next year and budget in FY 99/00. Commissioner Gennell asked how far down Shepard Road will the striping go. Mr. Lockcuff said his estimate was based on the City taking the whole portion, from 17/92 to Edgemon Avenue. Commissioner Miller asked when the 97/98 audit be completed. Manager McLemore said the audit should be completed by the end of December or first part of January. Commissioner Miller asked if Recommendation #2 is based on the fact there might be a surplus from last year's funds. Manager McLemore said when our books are closed and we know what our ending fund balances are; there usually is a number of projects to be done, and at that time we will bring those projects to the Commission and ask if the Commission approves the projects, according to priority. Manager McLemore said there may in fact be a short fall, and if there is a short fall, then the Commission may decide to do nothing. Motion was made by Commissioner Blake to approve recommendation #2. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. Mayor Partyka called a recess at 8:20 p.m. Mayor Partyka reconvened the Regular Meeting at 8:30 p.m. City Manager - ADD-ON B. Requesting the City Commission to address the Mayor's Veto of October 7, 1998, regarding the City's FY 98/99 Annual Budget Ordinance No. 705 Mayor Partyka read his Veto statement: "The represents the people of this City, the people and their wisdom approved the Charter that gives the Mayor the authority to veto an ordinance when the Mayor feels that it does not do the proper thing for them. Before the Mayor made his decision he referred to Mr. McLemore and Mr. Guthrie on possible repercussions, there is sufficient time to revise the budget without any repercussions to the City. This year's budget with it's projected expenditure on legal fees does not do the right and responsible thing for it's taxpayers and therefore the Mayor has decided to veto this year's budget that was passed by the Commission on September 28th. Why? The Commissioners have decided to budget almost 40 thousand dollars of the taxpayers money for a legal fight that should not have taken more than 5 thousand dollars, including the appeal fees. This is a situation where the current elected body is wasting people's money and acting juvenile on a case that has no merit and takes time away from other more productive issues facing this city. Let's clearly state the background facts on this issue: the City Attorney has been here only once in over a year, only once, the City Attorney has abdicated his position, a position that by Charter is one of the most important positions in the City with long term effects if the job is not done properly. Not only did the City Attorney abdicate his position, he appointed his own Attorney as a Regular Meeting City CommissionOctober 12.1998 97-98-45 Page 10 substitute who happens to still be here over a year later and billing the taxpayers at the average rate, since January through May of 29 billable hours per week, or approximately 9 thousand, 6 hundred dollars per month. Clearly the intend of the Charter and the will of it's people has not been followed. Said another way, the people are not getting their moneys worth from their City Attorney since he has decided not to do his job, this was pointed out to the City Attorney several times before the letter of December 4th, 1997 tracing this unique situation there were no surprises, the surprise is that this issue continues on such a simple and clearly defined matter. Furthermore, when the City Attorney did not follow through on his own decision to resign, it left no alternative by the Mayor but to terminate his services, which by Charter and in the people's good wisdom allows the Mayor to terminate anyone he appoints. In exercising the Mayor's right, he also made allowances to have a temporary Attorney immediately handle the legal reigns of the City. The Commissioners decided that they had the authority and not the Mayor, since neither the Mayor nor the Commissioners are Charter experts, and the issue was not going to be settled otherwise, the City Commissioners made a motion that was approved to go to Court to get a ruling. Incidentally, Florida Statutes 86.101 states clearly that it has anticipated situations like this and urges that the Court through the use of a declaratory judgement be used easily and often if necessary. The Mayor followed the motion of the Commission and considering costs, filed for a declaratory judgement for the Court using the voluntary services of an Attorney and personally paying for all fees associated with this seemingly simple process. The declaratory judgement process is not an adversarial issue, there are no damages involved, and the goal is simply to have a decision what something means. The Mayor and the Commissioners will live with the outcome, this is process should have taken less than 30 days with minimal costs, the Mayor would then with the help of the Commission, find appropriate and qualified Attorney candidates; make an appointment then have the Commissioners approve and the City would run smoothly. Instead, the Mayor has met with obstacles from the Commission many times that slowed down the process of finding a decision and instead in a questionable process hired Attorneys and used taxpayer money at the rate of over 10 thousand dollars. This firm with all of it's Attorneys by the way, did not add any new factual information to the case that was already presented to the Court for free. This is a waste of the taxpayers money, the Court ruled in a seven page ruling that the Mayor has the authority as given that position by it's people through the Charter can terminate the an appointee. The Court ruled that to consider any other decision would be an absurd act. What does the Commission then do? They want to hang the taxpayer with 40 thousand dollars of unnecessary legal fees that could have been done for less than 5 thousand dollars, incidentally Sharon Steadman and Attorney who specializes in appellate work reviewed the appeal process for this case; her expert opinion and given to me as estimate for the City, that the cost of this appeal process should be no more than 3 thousand dollars including the expenses of pleading the case in Daytona Beach. This was also confIrmed by Attorney John Galuzo, who is the past chairman of the 18th Circuit Court Grievance Committee and slightly higher with Attorney Michael Bodine, who fought as the lead Attorney for the rebate of the Florida Tag Fee, instead the Commissioners, through a questionable process, that included having no hiring authority, no bid, and without going through the Mayor, have decided to hire an Attorney from Miami for 22 thousand 5 hundred dollars, plus expenses to appeal this case and that is on top of the 10 Regular Meeting City CommissionOctober 12. 1998 97-98-45 Page 11 thousand dollars plus already spent. On behalf of the taxpayers, the Mayor finds this spending to be a waste and let's save this money, let's lower the milage by approximately 4 hundred and 44 mils for the benefit of the citizens. Finally, let's find a new City Attorney quickly and cooperatively to replace the one that has only been here once in over a year. Commissioners, the Mayor respectfully urges you to lower the budget for it's citizens and help in the process in finding a new City Attorney and have this City move forward for this relatively petty issue to more productive issues that need our combined efforts. Thank you Mayor Paul Partyka." Commissioner McLeod said the Mayor is well aware, that the City Commission and said he believes that the Charter says that the City Attorney works for the City Commission. Mayor said they eventually get hired by the Commission, yes. Commissioner McLeod said they also work for the Commission. Mayor Partyka said for the Commission yes, and the City. Commissioner McLeod said he and other Commissioners had talked to Mr. Kruppenbacher and he had given indication that he had an associate, and on normal meeting nights would sit in his place and would answer the day to day questions, unless there happened to be something that required his time to be here, in order to hold down costs. Commissioner McLeod said that Mr. Kruppenbacher also stated that while this litigation was going on, he (Kruppenbacher) felt that it would be best if he did not sit in rulings that he may have to make that may not be favorable to the Mayor and felt that those rulings could be better handled by an associate that was non-biased. Commissioner McLeod said he does not feel that this is a waste of taxpayers money and said he thinks there is much more at stake than the $40,000 it may cost; and said there are two issues that he has a problem with and that is the Mayor recommends appointment to the Commission, with the Commission adopting the City Attorney and City Clerk, with that in mind, if we allowed that to happen in that fashion, and said that he doesn't believe that the Charter was written to mean that the dismissal could happen by the Mayor for both parties without a majority vote because that would mean that every three years we would be subject to loosing the City Attorney and City Clerk so we would have no consistency with our City government. Discussion. Commissioner Martinez said he and other Commissioners asked the Mayor in February, to hold a workshop to come to a determination about the City Attorney and said that the Mayor refused. Discussion. Mayor Partyka stated that there was a motion and was seconded by the Commission to go to Court and also said that Commissioner Martinez agreed with the Mayor's right to terminate by Charter; Mayor Partyka stated that this was stated in the minutes and said the City Attorney does not work at the pleasure of the Commission and the Charter has been given a final summary judgement by the Courts and said these are all facts. Mayor Partyka said as stated in his document, he has continued to pay all the fees but for voluntary services of the Attorneys. Commissioner Miller said in his opinion he believes this is a constitutional challenge and said the Mayor initiated the Court action and since then he has been getting contradictory Regular Meeting City Commission October 12. 1998 97-98-45 Page 12 inputs and read a note which he had given to the Mayor this evening before the Mayor issued his statement: "dated October 12, 1998 - Dear Mayor Partyka: on 14 September 1998 you publicly advised me that you no longer had a legal suit against either myself nor the City of Winter Springs. You were empathic about this, I am pleased Mr. Mayor at your decision to withdraw your declaratory suit as this Commission can now move forward with the many other pressing issues which have been impacted by your litigation against myself, others and the City. With regard to your undated, unsigned letter of 14 September and your subsequent letter of 8 October 1998, in which you clarified that you would like names of candidates who might be acceptable to other Commission members or me. I am anxious to provide such a list for your consideration, however, prior to my submission, I believe it would be advisable that a workshop or executive session be convened in which the Attorney issue can be collegially discussed amongst all of us in an open public forum. I would recommend a workshop in early November, the November date will also provide you adequate time to withdraw your summary judgement against myself, and the City of Winter Springs". Commissioner Miller said if it is the Mayor's intent to move forward on this, it is very simple for him to allow us to move forward and asked the Mayor ifhe has a lawsuit against him or the City of Winter Springs. Mayor Partyka said he has no lawsuit at this point, the Court has given a final summary judgement, made a ruling, it's over. It's now in appeal process that has been initiated by the Commission and said for a point of clarification, he has the verbatim minutes of February 9th where Commissioner Miller was part of the motion that was made by Commissioner McLeod, which talked to the fact that this needs to go to the Court for a ruling. Commissioner Miller said there is a process where when there is a decision from a Court, there is an appeal process, which continues the process and said we all have that right, anyone can appeal a decision if they don't feel it is a correct decision. Discussion. Commissioner Blake said in the meeting of February 23, 1998, he recalls that in that meeting, the action of getting the declaratory judgement was rescinded prior to taking any action or filing of any suit by this Commission because it was determined that the Commission is in charge of interpreting it's Charter and making it's rules and the Commission made such an interpretation at that meeting and therefore, determined that no legal action was required. Commissioner Blake read a section of the Charter: Article VI, Administrative Departments of the Winter Springs Charter, Section 6.01, Power of Commission to Establish: .. ..the Commission may establish City Departments Officers or Agencies in addition to those created by this Charter and may prescribe the functions of all Departments and Agencies. Section 6.02 - City Attorney - There shall be a City Attorney appointed by the Mayor and approved by the City Commission, who shall represent the City in all legal proceedings and shall perform all other duties assigned to him by the City Commission." Discussion. Commissioner Blake reiterated on what he stated months ago, and stated that it was agreed upon, that this Charter needs substantial help and we need to turn this into a workable document and said it is his hope that the Commission will do that after the turn Regular Meeting City CommissionOctober 12. 1998 97-98-45 Page 13 of the year so the Commission can bring to the people of this City a Charter that does what it is intended to do instead of doing this. Motion was made by Commissioner Blake that this Commission over-rides the Veto to Ordinance No. 705. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka stated that the motion passes and the budget Veto is over-ridden 5-0. Motion was made by Commissioner Blake that the Public Hearing Item A is removed from the table, regarding Ord. 706, vacating a portion of greenbelt drainage utility easement located at the rear of Lot 35, Bear Creek Estates. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Motion was made by Commissioner Blake to table the same Public Hearing Item to the next regularly scheduled meeting of this Commission, which is October 26, 1998 at 6:30 p.m., preserving our advertisement already on at Public Hearing with the understanding that between now and then that Staff will be researching an alternative method, that we discussed earlier and will be contacting the landowner prior to that meeting, so that they will have those details worked out prior to that evenings meeting. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Mayor Partyka stated that the Commission will now hear the item, which was voted on to place on the agenda which, is the issue regarding the naming of S.R. 434. Commissioner Blake stated that he would like to see the City go forward to take the steps to place a real name on S.R. 434. Commissioner Blake said he would like to see the public involved in this issue and run some sort of a "contest", utilizing the schools in the City, put in the newsletter, etc. Discussion. Motion was made by Commissioner Blake that the Commission directs Staff to put together some sort of a contest to name S.R. 434 and to "crawl" through the majority of the entries and bring to this Commission ten (10) that they feel are appropriate and meet all the necessary criteria that would make them eligible to be used as a street name out there and then this Commission will have the opportunity to decide which if any of those ten (10) it decides to use for the naming of that street, subject to Mr. LeBlanc's further comment. Mr. LeBlanc stated he has a legal questions with regards to if the other governmental entities have to approve also. Seconded by Commissioner Miller. Discussion. Commissioner McLeod said to let the general public know that the Commission has a consideration of Winter Springs Parkway. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Regular Meeting City CommissionOctober 12. 1998 97-98-45 Page 14 Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. VII. REPORTS A. City Attorney - Frank Kruppenbacher · Request for a Closed Executive Session for October 15, 1998 to discuss the Mikes Suit. Attorney Guthrie stated that with talking with outside council, he sees the need to recommend an executive session with the Commission pursuant to Section 286.011 ofthe Florida Statutes; it is in the case of Florida Country Clubs Inc., vs. the City of Winter Springs. Attorney Guthrie said it is the Seminole County Case, Case Number 91-224- 4CA-16-E and said he is recommending an Executive Session for Thursday, October 15, 1998 at either 2:00 p.m. (if outside council, Bruce Blackwell is available at that time) and said if Mr. Blackwell is not available at that time, then the meeting will be at 5:30 p.m. Attorney Guthrie stated that the place of the Executive Session will be City Hall, and estimated the time to not exceed one hour and announced the attendees: Mayor Paul P. Partyka, Deputy Mayor Cindy Gennell, Commissioners Robert Miller, Michael Blake, Edward Martinez, David McLeod, Attorney Robert Guthrie, Special Council Bruce Blackwell, and City Manager Ron McLemore. Attorney Guthrie also stated that a Court Reporter will be present to transcribe the proceedings and a transcript will be make part of the public record at the conclusion of the litigation. Motion was made by Commissioner Blake that the Commission holds a Special Meeting and Executive Session on October 15, 1998 at either 2:00 p.m. or 5:30 p.m. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. B. City Manager - Ronald W. McLemore No Report. C. Commission Seat V - David McLeod No Report. D. Commission Seat I - Robert S. Miller Commissioner Miller asked about the sidewalk on the east side of Hayes Road and said that two homeowners asked him if the City would take under advisement that the sidewalk on the west side of the road meanders and said the homeowners would like meandering sidewalks. Manager McLemore said if the Commission wishes that and if there is sufficient right-of- way, we could do that. It was the consensus of the Commission to have the sidewalk meander if there is sufficient right-of-way. Regular Meeting City CommissionOctober 12.1998 97-98-45 Page 15 E. Commission Seat II - Michael S. Blake Commissioner Blake stated that he had a citizen call him regarding the use of soccer fields for private use. Discussion. Manager McLemore stated he will get information back to the Commission on this subj ect. F. Commission Seat III - Ed Martinez, Jr. Commissioner Martinez commended the Code Enforcement Officer for the good job she did in getting the lot at Northern Way and Greenbriar Lane cleaned. G. Commission Seat IV - Cindy Gennell Commissioner Gennell mentioned that she did not receive the attachments that she was missing from the last meeting. Commissioner Gennell also asked about the construction n the Winn Dixie on S.R. 434. Manager McLemore gave the Commission an up-date on that project. Commissioner Gennell asked that the Commission put on the Agenda the CALNO appointment of Tom Haygood for the delegate to the Expressway Authority. Motion was made by Commissioner Gennell to place the CALNO appointment for the delegate to the Expressway Authority on the agenda. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: nay; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Gennell to ratify the CALNO appointment of Tom Haygood to be the delegate from CALNO to the Expressway Authority. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner Miller: aye; Commissioner Blake: Day; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. H. Mayor's Office - Paul P. Partyka Mayor Partyka mentioned that the City of Winter Springs is getting high visibility because of the Town Center and said that was from the Business Roundtable he attended. Mayor Partyka also stated that he would be willing to hold a workshop with the Commission regarding finding a City Attorney provided that the appeal is over. The meeting adjourned at 10:00 p.m. \JED: PAUL}~YOR r--.. ~pectfully SUb~,. ~~~~- ~ Margo M. Pierce, CMC City Clerk