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HomeMy WebLinkAbout_2001 06 25 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JUNE 25, 2001 I. CALL TO ORDER The Regular Meeting of June 25, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 p.m. in the Commission Chambers of the Mlmicipal 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., absent 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 A. City Manager Presentation Of The "Aware Of Excellence" Award (From The Fields Of Excellence Program) To The Parks And Recreation Department. Mayor Partyka presented an award to Mr. Chuck Pula, Parks and Recreation Department Director and his staff for the "Fields of Excellence" Program. Mayor Partyka welcomed former Mayor Phil Kulbes and his wife who were in the audience. PRESENTATIONS B. City Manager Requesting The Commission Receive The Presentations Of Employee Recognition Awards. Mayor Partyka explained the City's new Employee Recognition Awards Program, and awards were given out to the following individuals: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 2 OF 30 5 Years Of Service: Mr. Tracy D. Baker, Maintenance Worker, Utility Department; Ms. Robin Bernosky, Corporal, Police Department; Ms. Patricia J Best, Accounts Payable Clerk, Finance Department; Ms. Katherine Bruno, Customer Service Representative, Utility Billing/Finance Department; Ms. Constance E. Fifelski, Communications Operator II, Police Department; Ms. Tracy Lynn Fugate, Corporal, Police Department; Ms. Terri Guerra, Communications Operator II, Police Department; Mr. Robert Heatwole, Captain, Police Department; Mr. Pascual Herrera, Corporal, Police Department; Mr. Ed Hinchey, Firefighter/Rescue Technician, Fire Department; Mr. Alan G. Hill, Public Works Superintendent, Public Works Department; Mr. David Kerr, Maintenance Mechanic II, Utility Department; Ms. Andrea Lorenzo-Luaces, City Clerk, Office Of The City Clerk; Mr. Shane Massari, Firefighter/Rescue Technician, Fire Department; Ms. Tammy Mathison, Communications Operator II, Police Department; Mr. Ronald W McLemore, City Manager, Office Of The City Manager; Mr. Jack Morgan, Corporal, Police Department; Mr. William Nelson, Fleet Service Mechanic I, Public Works Department; Ms. Zynka P. Perez, Engineering Inspector/Technician, Engineering Division/Public Works Department; Ms. Catherine Presley, Records Clerk, Police Department; Mr, Kevin Lee Presley, Lance Corporal, Police Department; Mr. Kevin Sims, FirefighterfRescue Technician, Fire Department; Ms. Michelle Turner, Records Clerk, Police Department; Mr. James R. Wickman, Corporal, Police Department; Mr. Michael Williams, Meter Reader II, Meter Services/Finance Department. 10 Years Of Service: Mr. Stephen Baggs, Lead Water Plant Operator, Utility Department; Mr. Marc Baumgart, EMS Division Chief, Fire Department; Ms. Georgia Sue Coffman, Senior Center Manager, Senior Center/Parks And Recreation Department; Ms. Sylvia P. Denson, Permit Specialist, Building Division/Community Development Department; Mr. Ron Estep, Maintenance Mechanic I, Utility Department; Mr. Fred Gold, Corporal, Police Department; Mr. Thomas Grey, Firefighter/Apparatus Operator, Fire Department; Mr. Matt Hool, Lieutenant, Fire Department; Mr. Stephen Paul Keefer, Firefighter/Apparatus Operator, Fire Department; Mr. Kipton D. Lockcuff, Director, Public Works/Utility Department; Mr. Steve Molnar, Firefighter/Apparatus Operator, Fire Department; Mr. Carlos Manuel Morales, Service Technician, Meter Services/Finance Department; Mr. Bill A. Morris, Maintenance Mechanic I, Utility Department; Ms. Janice Palladino, Secretary To The City Manager, Office Of The City Manager; Mr. Richard Wayne Riggle, Firefighter/Apparatus Operator, Fire Department; Mr. Jose R. Romero, Corporal, Police Department; Mr. Miguel Sanchez, Team Leader, Utility Department; Mr. Doug Seely, Corporal, Police Department; Mr. Gregg Tischler, Lieutenant, Police Department; Ms. Lena Titus, Records Clerk Supervisor, Police Department; Ms. Mary Watson, Computer Systems Manager, Police Department. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 3 OF 30 15 Years Of Service: Mr. Richard Brookover, Heavy Equipment Operator, Public Works Department; Mr. Donald Cheney, Utilities Superintendent, Utility Department; Mr. Ronald Cox, Corporal, Police Department; Mr. Edward Forrest, Battalion Chief, Fire Department; Mr. Ralph Fuccillo, Waste Water Plant Operator, Utility Department; Mr. Corey Green, Lieutenant, Fire Department; Mr. James Hanford Kennedy, Lead Maintenance Worker, Parks And Recreation Department; Mr. James E. Morris, Fleet Service Mechanic II, Public Works Department; Mr. David G. Myers, Battalion Chief, Fire Department; Mr. Michael E. Noland, Captain, Police Department; Mr. Justino Rolon, Waste Water Plant Operator/Lab Coordinator, Utility Department; Ms. Patricia J Schraff, Administrative Secretary, Fire Department; Ms. Ellen Simpson, Administrative Assistant, Police Department; Mr. Norman Douglas Taylor, Utilities Superintendent, Utility Department; Mr. Glenn E. Tolleson, Captain, Police Department; Mr. James Wilkins, Captain, Police Department; Ms. Mary Anne Willett, Administrative Secretary, Public Works Department; Mr. 'I11Omas J Wise, Waste Water Plant Operator, Utility Department. 20 Years Of Service: Mr. Robert E. Dallas, Fire Marshall, Fire Department; Mr. David O'Brien, Deputy Fire Chief, Fire Department; Mr. William Rivera, Jr., Firefighter Lieutenant, Fire Department. 25 Years Of Service: Mr. Timothy J Lallathin, Chief, Fire Department; Ms. Mary N. Wilson, Human Resources Coordinator, Human Resources Division/General Services Department. Mayor Partyka called a break at approximately 7:20 p.m. The Meeting was called back at 7:36p.m. PRESENTATIONS C. City Manager Requesting The Commission, To Be Updated By Director Of Community Relations Teresa Rose, Meal On Wheels Etc. On The Agency's Name Change, And New And Expanding Programs Meals On Wheels Provides To The Seniors Of Seminole County And To Ask For Continued Support From The City Of Winter Sprin~:s. Ms. Teresa Rose of "Meals on Wheels, Etc." discussed some of the programs that this organization offers and asked for the Commission's consideration of a line item contribution to this organization. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 4 OF 30 Commissioner Robert S. Miller asked Ms. Rose if she knew if the National organization had been nominated for a Nobel Peace Prize. Ms. Rose was not sure about this, but said that she would check on this. Mayor Partyka asked Mr. Pula for an update on the upcoming Fourth of July event. Tape I/Side B Mr. Pula advised those in attendance about some of things planned for the Fourth of July celebration. II. PUBLIC INPUT Ms. Louise Conine, 745 Sybilwood Circle, Winter Springs, Florida: spoke on keeping the parks as they are and asked that the rest of the park remain natural. Ms. Conine also spoke of the batting cages and gave a document to the Commission regarding her remarks. A two (2) page petition was submitted with Ms. Conine's document. Mr. Marc Arnold, 749 Sybilwood Circle, Winter Springs, Florida: spoke on the batting cages and suggested that Option 4 would be the best recommendation. Deputy Mayor David W. McLeod asked if Mr. Arnold or Ms. Conine had been part of the "Committee that was put together on Trotwood, as to the location and the redesign of that park?" Brief discussion. III. CONSENT CONSENT A. Office Of The City Clerk Approval Of The Minutes Of The June 11, 2001 Regular City Commission MEding. CONSENT B. Office Of The Mayor Resolution Number 2001-16, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Lee Ferguson For His Service On The Districting Commission. CONSENT C. Office Of The Mayor Resolution Number 2001-17, A Resolution Of The City Of Winter Springs, Fllorida, Expressing Appreciation To James Mathews For His Service On The Distlricting Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 5 OF 30 CONSENT D. Office Of The Mayor Resolution Number 2001-18, A Resolution Of The City Of Winter Springs, F'lorida, Expressing Appreciation To Byron Gntz For His Service On The Districting Commission. CONSENT E. Office Of The Mayor Resolution Number 2001-19, A Resolution Of The City Of Winter Springs, F'lorida, Expressing Appreciation To James McShea, Jr. For His Service On The Districting Commission. CONSENT F. Office Of The Mayor Resolution Number 2001-20, A Resolution Of The City Of Winter Springs, F'lorida, Expressing Appreciation To William Poe For His Service On The Dist:ricting Commission. CONSENT G. Office Of The Mayor Resolution Number 2001-21, A Resolution Of The City Of Winter Springs, F'lorida, Expressing Appreciation To Vernon Rozelle For His Service On The Districting Commission. CONSENT H. Office Of The Mayor Resolution Number 2001-22, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Charles Sorkin For His Service On The Districting Commission. CONSENT I. Office Of The Mayor Resolution Number 2001-23, A Resolution Of The City Of Winter Springs, F'lorida, Expressing Appreciation To James Harbin For His Service On The BeautHication Of Winter Springs Board. CONSENT J. City Manager Requesting That The City Commission Pass Ordinance #2001-41 As An Eme:rgency Ordinance To Further Extend The Franchise Agreement Between The Cilty And Florida Public Utilities Company (FPUC) From July 1, 2001, To October 1, 2001. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 6 OF 30 "I'LL MOVE TO APPROVE THE CONSENT AGENDA, LESS THE AGENDA ITEM THAT WAS PULLED." MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY MAYOR McLEOD. COMMISSIONER BLAKE STATED, "JUST TO MENTION FOR THE RECORD, THAT'S ITEM 'J.'" COMMISSIONER GENNELL ADDED - "ITEM 'J.'" DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka stated, "Those Resolutions for the people that served on the Districting Commission - we'll have Resolutions for them so we can recognize them at a public Meeting, for the next Meeting." .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS TAKEN OFF OF THE CONSENT AGENDA AND DISCUSSED SEPARATELY, AS DOCUMENTED. .:. .:. III. CONSENT CONSENT J. City Manager Requesting That The City Commission Pass Ordinance #2001-41 As An Emergency Ordinance To Further Extend The Franchise Agreement Between The Cilty And Florida Public Utilities Company (FPUC) From July 1, 2001, To October 1, 2001. City Attorney Anthony A. Garganese read this Emergency Ordinance by "Title." Brief discussion ensued on the date associated with this Emergency Ordinance. "I MAKE A MOTION THAT WE MAKE A FINDING THAT THERE IS AN EMERGENCY THAT EXISTS AND THAT WE PASS AN EMERGENCY ORDINANCE NUMBER 2001-41." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS ;\1INUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 7 OF 30 IV. INFORMATIONAL INFORMATIONAL A. Utility Finance Department Requests That The City Commission Review Information Relative To The Recent Utility Billing And Cash Receipting Computer Conversion. Mr. Greg Bishop, Meter Services Division Manager addressed this Agenda Item. Discussion. Commissioner Cindy Gennell asked Mr. Bishop for clarification on the new format of several months' bills. Mayor Partyka advised Mr. Bishop, "Greg, I want you to spend a little extra time with Commissioner Gennell." Mr. Bishop stated, "Certainly." MAYOR PARTYKA STATED, "I NEED A MOTION TO APPROVE: THE INFORMATIONAL AGENDA." "SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BJLAKE. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Code Enforcement Division Requests The City Commission Consider Second Reading And Adoption Of Ordinance No. 2001-16 Dealing With Temporary Storage Structures. Attorney Garganese read the Ordinance by "Title" only. Discussion. Mr. Charles C. Carrington, AICP, Community Development Department Director advised the Commission that he was there to answer any questions they may have. Commissioner Michael S. Blake said, "I think that we had some actual sub:;tantive changes in this and probably in my discussion with the Attorney, might need to go to a third Reading on this, before adoption." Attorney Garganese agreed with this. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 8 OF 30 Much discussion ensued on removing these portable structures, in the event of a potential storm, and liability concerns. Deputy Mayor McLeod stated that "I would think that we would not want to be in the situation that we would say that we absolutely would because, if something should happen that we didn't get to it, and there have been some damage or a problem, then I think we have a real liability. I just wanted to make sure it's clear on that." Mayor Partyka suggested getting Department level approval rather than requInng approval from the City Manager or the City Commission. Deputy Mayor McLeod agreed that the Building Official could make such decisions, and that "the Commission is the one that will give the extensions basically on the short window between the two (2) to three (3) week window; ifthere are some circumstances there, that would be dom: by the Manager, and I could see the - Building Official- really being able to do that." "I WOULD LIKE TO MOVE ORDINANCE 2001-16 TO A THIRD READING FOR ADOPTION, FOR THE FIRST MEETING OF JULY." MOTION BY COMMISSIONER BLAKE. SECONDED. 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. "Point of Order" by Commissioner Blake. "MOTION TO SUSPEND THE RULES." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: (ON SUSPENDING THE RULES) COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: NAY COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE MOTION CARRIED. Brief discussion followed on this being re-advertised. Deputy Mayor McLeod asked Manager McLemore, "Is thing something that you feel really has to come to you, or should it just come to the Building Official?" Manager McLemore responded, "It can go to the Building Official or to me, it doesn't make any difference, but what we'll need to do is we'll lay out some criteria on which we'll make the judgement, and the thing about putting it with the Manager - the Manager can always assign it to another Department Head, unless you specifically want me to do it, just leave CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 9 OF 30 it like it is and I will assign it to the Building Official who will take an application and he'll spend two (2) seconds with me and we'll make a decision." Manager McLemore added that in fact, "We'll work that out, unless there is a problem, he doesn't evt:ll have to consult me." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. City Manager And City Attorney Request The City Commission Considers Removing June 11, 2001, Public Hearing Agenda Item C, Which Deals With Proposed Legislation That Would Rt~gulate Open Alcoholic Beverage Containers, From The Table For Final Disposition. Introductory discussion. "I'D LIKE TO MAKE A MOTION TO REMOVE ORDINANCE 2001-38 :FROM THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MAYOR, I'D LIKE TO MAKE A MOTION TO READ ORDINANCE 2:001-38 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECOND:ED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: NAY DEPUTY MAYOR McLEOD: AYE MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 10 OF 30 Discussion ensued on Commissioner Gennell's concerns with this Ordinance and the vote that was just taken. Commissioner Gennell stated, "That was why I had my light on a couple of minutes ago. I would have preferred that after the Motion to take it off the table, that we had some discussion period on it, before it went into the first r.eading, because that forced me to vote 'No' in order to get the discussion going, do you s{:e what I am saying." Commissioner Blake stated, "What I might suggest is, if the Commissioner might consider reconsidering her vote, giving us the opportunity to discuss it, I would second her Motion to read the Ordinance in its entirety, after discussion if she feels that the discussion was not in such a fashion that amply pointed out all of the issues that she has." COMMISSIONER GENNELL STATED, "ALL RIGHT, WE CAN RE-DO THIS. I THINK I HAVE SUFFICIENTLY GOT EVERYBODY'S ATTENTION. I WILL RECONSIDER MY VOTE. I'LL VOTE 'AYE.'" VOTE: (BASED ON COMMISSIONER GENNELL'S LAST COMMENTS) COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Tape 2/Side A Commissioner Gennell questioned the wording".. . And the morals." Discussion ensued on the Ordinance. Police Chief Daniel J. Kerr addressed the Commission about this Ordinance. Commissioner Miller stated, regarding "Commissioner Gennell' s comment about 'morals' - I think we out to consider striking that." Commissioner Blake added!, "I do also agree with the question on the use of the term 'morals. '" Commissioner Blake then said, "I would support striking - two (2) places in here where it was utilized - but if there are more then I would also agree." Commissioner Blake said that "The issue of the highway definition of what's public, what's private. I believe there are actually legal definitions for those places that are 'public places' though they may be 'private property' and that's what - I think we're - trying to get to." Commissioner Blake further said, "Perhaps, we could re-work the language here to be clearly pointed towards those areas and not towards somebody's front yard or something of that nature." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE I I OF 30 Discussion ensued on definitions, special events, and permits. Commissioner Gennell further commented that, "On page seven (7), number one ill, second to the last line, these are exceptions also and - it's a phrase that's in number one ill and it's not in number two ill and I'm suggesting that if this Ordinance were to go through, then you would want to carry this last phrase from number one ill and repeat it in number two ill and that has to do with the exception being about refrigerators in mobile homes, etceteras, etceteras; about in the possession or readily accessible to the driver." Discussion. Attorney Garganese stated, "We could simply add that language, provided that no open container containing any alcoholic beverages in the possession or readily accessible to the driver to - subsection ill, right at the end." Commissioner Miller added, regarding the City authorizing drinking at City of Winter Springs functions, "It does allow for the general public to have their own little parties down there with the - prior permission of the City of Winter Springs. I thin1< that's appropriate because that way it is being controlled and the law enforcement - if there is no permit, then they do have the ability to go in there." Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Mark Batchelor, 200 Torcaso Court, Winter Springs, Florida: felt that this Ordinance would prevent someone from walking in their community with a glass a wine, and said that he was opposed to a lot of the language in this Ordinance. The "Public Input" portion of this Agenda Item was closed. "I WILL MAKE A MOTION THAT WE MOVE ORDINANCE 2001-38, AS AMENDED, WHICH MEANS WE STRIKE THE LANGUAGE IN THE T'WO (2) SPOTS WHERE IT SAYS 'MORALS,' I BELIEVE THAT IT THE ONLY ACTUAL TEXT CHANGE THAT WE MADE; AND THE SECOND THING IS, THAT ON THE PERMITS THAT WE INSTRUCT THE CITY OF WlNTER SPRINGS ATTORNEY TO BRING US BACK LANGUAGE THAT 'WOULD INCLUDE THE CITY COMMISSION - THE IDEA BEING - THAT THE DECISION OF WHO GIVES A PERMIT, OR UNDER WHAT GUIDELINES GETS A PERMIT, IS ACTUALLY A POLICY DECISION OF THE COMMISSION, THAT THE MANAGER WOULD THEN CARRY OUT. - EXACTLY, THE LANGUAGE ON NUMBER TWO (2) EXCLUSION THAT ALSO, IT WOULD NOT BE IN THE REACH OF THE DRIVER, OR READILY ACCESSIBLE TO THE DRIVER, I BELIEVE WAS THE LANGUAGE. WITH THOSE MODIFICATIONS, TO BRING IT BACK TO A SECOND READING FOR CONTINUED DISCUSSION AND POTENTIAL ADOPTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - Jill-IE 25, 2001 PAGE 12 OF 30 Deputy Mayor McLeod inquired, "Where did this Ordinance come from? Who brought this forward?" Chief Kerr stated, "The Police Department requested that an Ordinance be written to coincide with the county Ordinance and the other Ordinances of the cities around us that have a similar Ordinance." Discussion ensued on the potential enforcement of this Ordinance. Mayor Partyka agreed with Deputy Mayor McLeod and Commissioner Gennell, and said, "I agree with your intent of what you're trying to do, but I think what we need to do is clean this up a little bit to make the actual words agree to what you want to do." Commissioner Miller stated, "I agree incidentally with - what everyone else here has said, but I do not concur in one aspect of it, and that is that we are going to deal with this problem sooner or later, as the Chief of Police pointed out." VOTE: DEPUTY MAYOR McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: NAY COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. Attorney Garganese asked, "Would the City of Winter Springs Commission would like me to rework this Ordinance at this time and bring it back to you for further consideration or just let it die for the time being." Commissioner Blake commented, "I was going to ask that the Commission direct the Attorney to go back and revisit this issue." Commissioner Blake further said, "I would like the Attorney to go back and take a look at some of these areas, specifically concentrating on the discussion that we had this evening, the motor vehicle law I think is a key area and issues of disturbances in certain public places where - disturbances that exist if this is the element that our law enforcement need in order to take control of the situation. - There may be some other communities around us that have tackled some of these issues already." Mayor Partyka stated, "I guess what Commissioner Blake is saying, go back and see if we can come up with something that's kind of, makes a little bit more practical sense and satisfies Chief Kerr and some of the issues that we may have." Mayor Partyka asked if anyone agreed with these comments. Deputy Mayor McLeod stated, "I don't have a problem going back, re-Iooking at it, doing what it really, what the real need of intent would be, from the Police Depar1ment." Mayor Partyka asked, "Are you agreeing that we ought to look at it further?" Deputy Mayor McLeod responded, "I think you would look at it, but look at it from the practicality that - you're trying to design to help under certain circumstances and spell them out, if that's what you're after, so we know what it is." Tape 2/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE I3 OF 30 Commissioner Gennell said that her preference was that "It came to us not in the form of an Ordinance, initially, but bring it back - the key points for discussion and see if it's something the Commission finds acceptable, before we get an Ordinance." Commissioner Miller stated, "Fine with me." Mayor Partyka stated, "Mr. Garganese, City Manager - come up - with something that makes some sense." Attorney Garganese said, "I'll get with the Police Chief and the City Manager to discuss this." PUBLIC HEARINGS C. Community Development Department Requests The City Commission Hold A Public Hearing For 2nd Reading Of Ordinance 2001-40 For A Small Scale Comprehensive Plan Amendment (SS-CP A- 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. Attorney Garganese read the Ordinance by "Title" only. Mr. Carrington introduced the City's new Comprehensive Planning Coordinator, Mr. Earnest McDonald. Mr. McDonald briefly addressed the Commission. Mr. Carrington then introduced this Agenda Item. Mr. Ron Wilson, the agent for Mr. Joseph M Miranda: addressed the Commission. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'LL MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 14 OF 30 PUBLIC HEARINGS D. City Manager Requests That The City Commission Consider Implementation Of A Discretionary Communication Services Tax. Attorney Garganese introduced Attorney JeffBuak from his office who was assisting him by reviewing the "Recent legislative enactment's from the Florida Legislature regarding the Communication Service Tax Simplification Law." "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-42 by "Title" only. Attorney Garganese added that there was a deadline of July 16th and that we should be able to meet this deadhne. 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 Jeff Buak, Brown, Ward, Salzman & Weiss, P.A.: addressed the Commission on the Communication Service Tax Simplification Law." Commissioner Blake stated, "I have a concern that if we do in fact have a windfall, what is our policy? What is this Board's policy in terms of any windfalls that we reeeive." Discussion. Commissioner Blake then said, "If there is a shortfall in revenue, we're certainly going to be hearing about it because we are going to have to act, we're going to have to do something about it. If there is a windfall of revenue coming, are we going to do something about it?" Mr. Buak responded, "I agree with what Commissioner Blake is saying, I think it's still a good idea to go ahead and enact the rate ordinance as it's been provided to you. You can always make the policy decision at the time of windfall to roll back the rates to whatever rate the Commission feels is the best case for the city. If you don't - adopt the rates at this time, you may lose that ability, should you wish to take a more liberal interpretation which I'm providing this evening." Commissioner Blake felt that "We absolutely have to take action tonight. My question is, should we have a provision in the Ordinance that we CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 15 OF 30 adopt tonight that states, 'not withstanding any provisions that may be enacted into law,' that may give us an adoption to avoid the windfall recovery." Much discussion followed. Commissioner Blake added, "I've been through the numbers on a couple of occasions and I don't think our numbers are good numbers. I think there is a windfall that's going to occur and I think it's substantial and I think it's my duty to make sure that everybody understands that if it occurs as I think it will it's going to be a substantial tax in::rease." Commissioner Blake added, "On the record, what are we going to do about it?" Mayor Partyka again opened the "Public Input" portion of this Agenda Item. No one spoke. This "Public Input" portion of this Agenda Item was closed. Further discussion ensued. Commissioner Blake was asked to provide a layman's summary of the Communication Service Tax Simplification Law, which he did. "I MAKE A MOTION TO APPROVE THE ORDINANCE OR MOVE IT ON TO SECOND READING BASED ON THAT." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONERGENNELL: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO APPROVE COMMISSIONER MILLER. DISCUSSION. THE RESOLUTION." MOTION BY SECONDED BY COMMISSIONER BLAKE. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Commissioner Gennell thanked Commissioner Blake for his assistance. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JU1'iE 25, 2001 PAGE 16 OF 30 .:. .:. AGENDA NOTE: THE COMMISSION DISCUSSED THE FOLLOWING REGULAR AGENDA ITEMS, IN THE ORDER AS DOCUMENTED. .:..:. VI. REGULAR REGULAR G. City Manager Requests The City Commission Approve Amendment #1 To The Binding Development Agreement Between CHC Development And The City Of Winter Springs For The Development Of Avery Park. Manager McLemore commented on the City's Arbor Ordinance, and said that "What we tried to do was to go back and look at it and create a context where there was an incentive for a developer to improve the quality of the environment." Discussion. Mr. Carl Cahill, CHC Development: addressed the Commission and stated, "There are about 1400 hundred trees on the property. Most of those will have to come down because they are on the building sites or on the roadway. We will try to save as many trees as we can around the perimeter, and even on the lots." Tape 3/Side A Discussion ensued on members of the Commissions' concern with the wetlands, replacements trees and values. Ms. Sandy Bierly: advised the Commission that they could develop the wetlands in question. With further discussion on acreages, trees, and credits, Commissioner Gennell said, "I don't see the way this is written, of having no limit per acre. I think there should be a limit on it - we will give you credit up to 'x' number of trees, per acre. Beyond that, we won't." Mr. Carl Cahill, CHC Development: further addressed the trees that would be kept. Discussion. "I'LL MOVE TO EXTEND THE MEETING - ONE HOUR..." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER Bl.AKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 17 OF 30 VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Manager McLemore then commented on the Arbor Ordinance and stated, "What it does to development in the way it's written today. And what we try to do was give some credit for that land that's being given to make it at least reasonable - for a develop,er to go in and get something out of that land. Now if you don't agree with it, just cut that portion out of this Ordinance - just cut it out and go with the other two (2) provisions." Further discussion on tree replacement credits. Tape 3/Side B "I WOULD MOVE TO HAVE THIS ITEM 'G,' THE BINDING DEVELOPMENT AGREEMENT APPROVED WITH ONE (1) CHANGE, AND THAT'S ON PAGE TWO (2) AT THE BOTTOM, SECTION 4. (a) WHERE IT SAYS THE VOLUNTARY ONE (1) TREE REPLACEMENT CREDIT FOR EVERY TI~N (10) TREES LOCATED WITHIN AN INVOLUNTARILY DEDICATED CONSERVATION AREA, AND I WOULD MAKE THAT TO A MAXIMUM OF ONE HUNDRED (100) TREES PER ACRE, WITH THAT CHANGE." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE SPOKE ON THE GIVING SOMEONE THE RIGHT TO CUT TREES IF OTHER WILL NOT BE CUT DOWN; AND MANAGER McLEMORE SPOKE FOR THE RECORD THAT "THE AGREEMENT DOES NOT READ THAT." COMMISSIONER BLAKE ASKED ATTORNEY GARGANESE, "IF ANOTHER DEVELOPER CAME TO US ON A DIFFERENT PARCEL AND THEY WANTED THE SAME TYPE OF ARRANGEMENT, WOULD WE BE OBLIGED TO GIVE IT TO THEM? WOULD WE BE OBLIGATED TO GIVE IT TO THEM? COULD WE SAY 'NO' AND THEN AVOID THE LAWSUIT?" ATTORNEY GARGANESE RESPONDED, "IF YOU'RE JUST GOING TO DO THIS BY AGREEMENT, I DON'T BELIEVE YOU WOULD BE OBLIGATED. YOU WOULD NOT BE OBLIGATED TO DO IT WITH THE NEXT DEVELOPER. IT WOULD ALL DEPEND ON A CASE BY CASE SITUATION, DEPENDING ON THE DEVELOPMENT THAT'S BEING OPPOSED." ATTORNEY GARGANESE FURTHER ADVISED THE COMMISSION THAT "YOU WANT TO BE AS UNIFORM AND CONSISTENT AS POSSIBLE SO YOU DON'T OPEN YOURSELF UP TO ARBITRARY CLAIMS AND DISCRIMINATION CLAIMS." ATTORNEY GARGANESE THEN A][)DED, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - Jill-IE 25. 2001 PAGE 18 OF 30 "THIS PARTICULAR CREDIT SHEET, YOU MAY WANT TO ESTABLISH THIS UNIFORM CREDIT SHEET AND USE IT IN OTHER DEVELOPMENTS." FURTHERMORE, ATTORNEY GARGANESE SUGGESTED THAT "IF THIS IS - AN APPROACH YOU WANT TO HAVE IN THE FUTURE FOR OTHER DEVELOPMENTS, THEN OBVIOUSLY YOU NEED TO CONSIDER AMENDING YOUR - ARBOR ORDINANCE." VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR McLEOD: NAY COMMISSIONER GENNELL: AYE MOTION DID NOT CARRY. Mr. Cahill asked if "We could reconsider, and delete the ten (10) to one (1) replacement; and put a limit of one hundred (100) tree per acre maximum and resubmit." Mayor Partyka stated, "Limit of one hundred (100), we've got that." Mr. Cahill added, "And delete the ten (10) to one (1) replacement credit for - the ten (10) tree replacement credits for every one (I) tree located up on voluntarily dedicated conservation area - that seems to be Commissioner Blake's - main concern." Mr. Cahill then said, "If we delete 4. (b), which is the ten (10) tree replacement credits for every one (I) tree located up on voluntary dedicated conservation, delete that. And the (a) - put in maximum of one hundred (100) trees per acre. That would be satisfactory with us." Deputy Mayor McLeod asked, "Would you consider removing (a) completely?'" Mr. Cahill then said, "So if we deleted (a) and (b)?" Deputy Mayor McLeod said, "I believe it's (a) and (b), and on our pages, it also becomes, I believe Ron, is (b) on page two (2), which is part of the very first part of - our 'G;' page two (2) considerations." Manager McLemore stated, "That language can be deleted." Deputy Mayor McLeod added, "That would also be deleted and then we drop down to Section 4. (a), delete; Section 4. (b), delete. " Mayor Partyka summarized the discussions by saying, "Carl, your submitting right now, delete 4. (a). Is that correct?" Mr. Cahill responded, "Yes." Mayor Partyka then said, "Delete 4. (b)?" Mr. Cahill responded, "Yes." "I'D LIKE TO APPROVE AGENDA ITEM 'G' WITH THE (b) ON PAGE TWO (2) ON CONSIDERATIONS BEING DELETED AND - UNDER SECTION 4., PAGE TWO (2) - SECTION 4. IS DELETE (a) AND DELETE ON PAGE THREE, SECTION 4. (b)." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER GENNELL ASKED, "WHAT ABOUT 'F' ON PAGE TWO (2)." DEPUTY MAYOR McLEOD ADDED, "'F' IS ALSO INCLUDED ON PAGE TWO (2). ANYTHING - ANY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 19 OF 30 CONFLICTING LANGUAGE REGARDING THE CONSERVATION AREAS, VOLUNTARY OR INVOLUNTARY." VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka said to Manager McLemore, "If the Arbor Ordinance is not good from your standpoint, we should have, in the Commission's possession, some kind of statement to say why it's no good." Mayor Partyka further stated, "And that needs to be handled at some point in the future, as to why." Manager McLemore explained that he felt that, "The Ordinance was a punitive Ordinance and it does not create incentives." Mayor Partyka then said, "I think that something needs to come back - if that's true." REGULAR A. Community Development Department Requests That The City Commission, At The Request Of Builder John Saud~uni, On Behalf Of The Homeowners, Howard And Libby Baity, Consider Removing May 14,2001, Agenda Item "E" From The Table For Final Disposition. "MOTION TO TAKE FROM THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mr. Carrington introduced this request for a Variance. Ms. Libby Baity, 627 Sailfish Road, Winter Springs, Florida: addressed the Commission and said that they had not experienced any flooding. Discussion ensued with Mr. Dennis Franklin, Building Official. "Point of Order" by Commissioner Blake who stated, "The flood level is 34 feet. FEMA's number is 35 feet. That's what is required. " CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 20 OF 30 Mr. John Laudani: explained to those in attendance that this was the first house that he had built and the problem was due to an honest mistake on his part. Much discussion. Tape 4/Side A Commissioner Blake discussed with Attorney Garganese his preferences for three (3) things to happen. Commissioner Blake summarized his suggestions for a possible Motion and stated, "Three (3) things happen. The Builder goes to Code Enforcement for whatever penalties there are there. The homeowner has to file and record a document stating that the foundation or the level, or whatever it is, the base flood elevation is below code and that holds Winter Springs harmless against any actions caused by that. When those two items are done or completely completed, then they come back before us and we will attempt to utilize the Variance to issue a C.O." Further discussion ensued regarding possible options, and Deputy Mayor McLeod stated, "Let our Building Official put this information in the file, in the Building Department, put it on record with the individual's file." Deputy Mayor McLeod added, "I would follow the recommendations of the Code Enforcement to put this thing on file at the County." Discussion ensued on these options. "I MOVE THAT ITEM 'A' ON THE REGULAR AGENDA, THE REQUEST FOR HOWARD AND LIBBY BAITY, THAT THE CITY MANAGER TAKE THAT BACK AND REVIEW IT, APPLYING THE FLOOD CRITERIA, BECAUSE I KNOW WHAT ANTHONY IS TALKING ABOUT, AND AT THE SAME TIME, I'LL REFER THE BUILDER - BACK TO THE CODE ENFORCEMENT MANAGER." MOTION BY COMMISSIONER GENNELL. COMMISSIONER GENNELL WAS ASKED TO REPEAT HER MOTION AND STATED, "I MOVE THAT THIS PROPERTY VIOLATION BE REVIEWED IN VIEW OF THE FLOOD - DAMAGE PREVENTION ORDINANCE - CHAPTER EIGHT (8) OF THE EXISTING CODE, A VARIANCE UNDER THAT ORDINANCE. AND AT THE SAME TIME, THAT THE CODE VIOLATION PER SE BE REFERRED TO THE CODE ENFORCEMENT OFFICER." COMMISSIONER MILLER ASKED FOR A CLARIFICATION AND STATED, "WOULD THE FLOOD DAMAGE ORDINANCE COME BACK TO US, WITH A RECOMMENDATION FROM THE ATTORNEY, OR WOULD IT BE SETTLED BY THE CITY MANAGER?" COMMISSIONER GENNELL STATEn, "IT WOULD COME TO US." ATTORNEY GARGANESE ADDED, "I JUST '~ANT TO MAKE THE RECORD CLEAR. I THINK CHAPTER EIGHT (8) WOULD AFFORD THE PROPERTY OWNER MORE RELIEF THAN - YOUR REGULAR VARIANCE PROCEDURES." COMMISSIONER GENNELL STATED, "I AGREE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER. SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 21 OF 30 "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE THE REQUIREMENT PRIOR TO COMING BACK FOR A FINAL VARIANCE DISPOSITION OF FILING A RECORDED DOCUMENT WITH THE CLERK OF THE COURT OF SEMINOLE COUNTY WITH THE INFORMATION AS DISCUSSED PREVIOUSLY THAT THE FINISH FLOOR ELEVATION IS BELOW THE EIGHTEEN INCHES (18") ABOVE FLOOD LEVEL -- THE HUNDRED YEAR FLOOD LEVEL REQUIRED BY THE CITY OF Wl[NTER SPRINGS BUT IS IN EXCESS OF THE TWELVE INCHES (12") REQUIRED BY FEMA." MOTION BY COMMISISONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. DEPUTY MAYOR McLEOD ADD.ED, "I WOULD LIKE TO ALSO SEE WITH THAT AS THEY COME BACK, A LETTER FROM THE OWNER AND THE BUILDER THAT THEY WILL HOLD THE CITY HOLD HARMLESS WITH ANY FUTURE FLOODINGS ON THAT PIECE OF PROPERTY." COMMISSIONER BLAKE STATED, "IT WAS ACTUALLY PART OF MY LANGUAGE ORIGINALLY, SO I GUESS I WOULD INCORPORATE THAT IN THERE - IN THE AMENDMENT." VOTE: (ON THE AMENDMENT) COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION) DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Manager McLemore advised the Commission that the "hardship" issue could be brought to the Commission at the next Meeting. "I'D LIKE TO MAKE A MOTION THAT WE EXTEND FOR ONE (1) HOUR." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 22 OF 30 REGULAR C. Parks And Recreation Department Requesting The City Commission To Review The Trotwood Batting Cagt~s And Consider Approaches For The Use Of The Concrete Slab And Poles That Wt~re Not Used For Batting Cages. Mr. Pula addressed the Commission on this matter. Manager McLemore suggested that option #4 was the best choice. Discussion. Commissioner Gennell stated that regarding "Mr. Arnold who came before us, I would appreciate it if the City Manager, or Chuck, somebody could get with him and s,ee - he claims that this design was not what they were shown and that the balls are falling into he and his neighbors yard constantly, and I'm concerned that the plan was or wasn't changed. I don't know, but I would like to know. And I would like the man to have some level of comfort with it, okay. Have somebody get back to him." "I'LL MAKE A MOTION THAT WE APPROVE APPROACH #1, CUT OF:F THE POLES, AND USE THEM ELSEWHERE; PUBLIC WORKS TO DEMOLISH THE CONCRETE SLAB AND HAUL IT OFF." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR B. Community Development Department Presents To The City Commission A Request From The Highlands Homeowner's Association For A Variance To Section 6-191 Which Limits Inter!iection Obstructions. "I MOVE THAT WE APPROVE ITEM 'B' ON THE REGULAR AGENDA FOR THE VARIANCE FOR THE HIGHLANDS HOMEOWNERS ASSOCIATION. THEY ARE JUST REPLACING A PREEXISTING WOODEN FENCE AND THEY ARE JUST WAITING FOR THIS TO DO IT." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MIll-LER. DISCUSSION. COMMISSIONER BLAKE STATED, "I SAW A LIST OF FINDINGS HERE, BUT I DIDN'T SEE A LIST OF FINDINGS IN TERl\'IS OF THE REQUIREMENTS FOR THE VARIANCE TO BE GRANTED." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 23 OF 30 "MY RECOMMENDATION WOULD BE TO TABLE IT UNTIL THE NEXT MEETING GIVING STAFF AN OPPORTUNITY TO GO BACK AND DETERMINE WHETHER OR NOT THE BOARD OF ADJUSTMENTS FOUND THAT IT MET THE SIX (6) REQUIREMENTS." MOTION BY COMMISSIONER BLAKE. MAYOR PARTYKA STATED, "THERE IS A MOTION AND A SECOND. THE TABLE IS OUT OF ORDER AT THIS POINT." FURTHER DISCUSSION BY COMMISSIONER GENNELL ON THE REQUEST FOR THE VARIANCE. COMMISSIONER GENNELL TOLD COMMISSIONER BLAKE THAT, "I AGREE WITH YOU, IT MIGHT HAVE BEEN NICER TO HAVE THINGS DONE POINT BY POINT." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR D. Not Used REGULAR E. City Manager Requesting That The City Commission Designate One Member From The Commission To Represent The City Of Winter Springs At The Annual Business Session Of The Florida League Of Cities Annual Conference; And Determine If There Are Any Issues That The City Would Like To Submit In The Form Of A Resolution For Consideration By The Resolutions Committee. Mayor Partyka stated, "On point A of that, I believe that is clear. If I should attend and I plan to attend, I should be the representative." Regarding the other part of this Agenda Item, Manager McLemore stated, "I personally think we should ask the legislature to go back and deal with this JP A issue that we currently have with the City of Oviedo, and the County which would require all parties would have to be party to it, that are affected by it. I think that should be a legislative issue." Discussion. Tape 4/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 24 OF 30 With further discussion, the Commission agreed that Manager McLemore and Attorney Garganese would bring back a Resolution at the next City Commission Meeting. REGULAR F. Office Of The City Clerk Requests That The City Commission Decide On The Appropriate Appointm(mts 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; The Tuscawilla Lightinl~ And Beautification District Advisory Committee; And Additionally, The Terms Of Office Which Will Be Expiring In August 2001 - Specifically Regarding Several Mlembers Of The Oak Forest Wall And Beautification District Advisory Committee. Commissioner Miller said that for the Beautification of Winter Springs Board, he would hold that in abeyance. "FOR THE BOARD OF ADJUSTMENT, ELIZABETH RANDALL, I WUULD LIKE TO REAPPOINT HER." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "FOR THE CODE ENFORCEMENT BOARD, I WOULD LIKE TO APJPOINT GREGORY ROERO." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. COMMISSIONER GENNELL ASKED, "THAT'S IN PLACE OF WHO, ON CODE ENFORCEMENT?" COMMISSIONER BLAKE SAID, ";CODE ENFORCEMENT IS DIFFERENT, WE DON'T HAVE INDIVIDUAL SEATS THERE." COMMISSIONER GENNELL STATED, "NO, WE DON'T, AND I THINK MAYBE WE WANT TO ADDRESS THAT LATER BY ORDINANCE OR SOMETHING." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - Jill-IE 25, 2001 PAGE 25 OF 30 "ON THE PLANNING AND ZONING BOARD - I WOULD LIKE TO REAPPOINT TOM BROWN." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "THE TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE - I WOULD LIKE TO REAPPOINT MOTI KHEMLANI." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "BOARD OF ADJUSTMENT - GREG SMITH - I WOULD LIKE TO REAPPOINT." MOTION BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE AN APPOINTMENT OF GREG THOMPSON TO THE CODE ENFORCEMENT BOARD." MOTION BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION. COMMISSIONER GENNELL INQUIRED, "WHO ARE YOU DOING THAT IN PLACE OF?" DEPUTY MAYOR McLEOD STATED, "PAUL FINNEGAN." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 26 OF 30 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. "FOR OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE - PAUL KREBS." MOTION BY COMMISSIONER Bll.,AKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Blake stated, "He replaces Al Murro who's retired." REGULAR H. City Manager Requesting The City Commission To Approve The Final Version Of The Charter Amendments To Be Presented To The Public And To Instruct The City Attorney To Prepare An Ordinance Calling For The Referendum. Discussion ensued on how the public would be informed about this. Attorney Garganese stated, "It will be one (I) question - and what the question would be generally around is a revision of the entire Winter Springs Charter, as set forth in the Ordinance and you will have the red line and strike out version which you have which would be presented to the voters. You will also have a fact sheet which will explain each individual proposed amendment, so the citizens are fully informed as to what they are voting on." Furthermore, Attorney Garganese stated, "You should have the Ordinance at the polling booth so in the event - somebody needs to review it one more time, or if someone didn't see it, you can publish it - in your newsletter to fully inform the voters of the proposed amendments. You can send out a separate mailer to citizens." Commissioner Gennell asked, "Can we put it on our website?" Attorney Garganese replied, "Absolutely." Commissioner Gennell inquired about what happens if there is no City Manager. Brief discussion. CITY OF WINTER SPRINGS ~V1INUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 27 OF 30 Commissioner Blake pointed out that "On page four (4), Section 4.05. Mayor., this is the veto language. We just missed one here. It states, the affirmative vote of four (4) -- and it should be 'By an affirmative vote of not less than four (4)' - we changed it elsewhere, but we must have missed this one." "I MAKE A MOTION THAT WE - APPROVE FINAL AMENDMENTS, INCLUDING THE CHANGES MADE THIS EVENING TO THE CHARTI~R TO BE OFFERED TO THE PUBLIC AND APPROVE THE FORM WHICH - BE OFFERED WHICH WILL BE THE ADOPTION OF AN ENTIRE CHARTJB:R AS AMENDED, CHARTER REVISION, AND THREE, AUTHORIZE THE CITY ATTORNEY TO PREPARE AN APPROPRIATE ORDINANCE CALLING FOR THE REFERENDUM." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire No report. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore advised the Commission that the City's Consultant on the Charter Review process, Mr. Jim Burgess had told him that "This was the best Charter process he had been involved with." Manager McLemore then spoke to the Commission about the "School Board Item on the retention pond, the Interlocal Agreement - for the Town Center, and said that this would be a Consent Item on their Agenda; plus, it has the Superintendents' recommendation to approve it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 28 OF 30 Next, Manager McLemore asked the Commission if they would be willing to meet with Shane Doran in a Special Meeting, "To embody those changes that we talked about." With discussion, the Commission agreed to hold a Special Meeting on Monday, July 2, 2001 at 6:30 p.m. Regarding the Parker property Manager McLemore mentioned a recent meeting with the Parker Brothers who countered with a three million dollars ($3,000,000.00) proposal. Discussion. Mayor Partyka asked Manager McLemore for his recommendation. Manager McLemore stated, "I would go to $2.7 max." Manager McLemore added, "That would include due diligence on all of that stuff." Manager McLemore then stated to the Commission, "You could make this contingent upon a referendum, to ago above $2.5, if you want to." Discussion. "I WOULD MAKE A MOTION THAT WE OFFER THEM $2.5 WITH THE TAXABLE CREDITS, NOT TO EXCEED - $3.2 AND ANYTHING ABOVl8: $2.5, WE WOULD HAVE TO TAKE TO A REFERENDUM." MOTION BY DEPUTY MAYOR McLEOD. REGARDING THE TAX LETTER, DEPUTY MAYOR McLEOD ADDED, "WE WILL JUST LEAVE THAT OPEN." MANAGER McLEMORE THEN INQUIRED FURTHER ABOUT THE "ANYTHING ABOVE" WORDING. COMMISSIONER GENNELL ADDED, "HAVE THEM RESPOND WITHIN SEVEN (7) DAYS." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. COMMISSIONER GENNELL ADDED, "THAT MOTION HAS A SEVEN (7) DAY RESPONSE TIME IN IT?" DEPUTY MAYOR McLEOD RESPONDED, "YES." VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "I MAKE A MOTION THAT WE EXTEND THE MEETING, ANOTHER FIVE (5) MINUTES." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 29 OF 30 Manager McLemore then advised the Commission that he will be bringing the budget to the Commission at the July 9th Regular Meeting, and wanted to know if the Commission wanted to set budget dates now, or at the July 9th Regular Meeting. The consensus of the Commission was to discuss this at the July 9th Regular Meeting. VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MIJLLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 1 :09 a.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. REPORTS C. City Clerk - Andrea Lorenzo-Luaces 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 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 30 OF 30 REPORTS H. Commission Seat One - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka NZO-LUACES, CMC " - ~g= ~ - ~ ~ l' -~ ..... ::'"" : ~;PAUL P. RARTYKA: ~ '-:. 0.; r." _ _"^, -:;." MAYOR' r.- .(-..' <-=" < :~ :--' ~ :;~ :- _ _ _ _ :;:-7.".. . ...~_...- ~ ~~. v' NOTE: These minutes were approved at the July 9, 2001 Regular City Commission Meeting.