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HomeMy WebLinkAbout_2001 02 12 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 12,2001 I. CALL TO ORDER The Regular Meeting of February 12, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, absent Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Director, present City Attorney Anthony A. Garganese, present Presentations: Mayor Partyka awarded Proclamations to a number of students from Winter Springs High School for their outstanding sportsmanship. Mayor Partyka then advised those in attendance that Commissioner Michael S. Blake had been elected 2nd Vice President to Tri-County League of Cities; and had also been appointed to the Legislative Committee on Intergovernmental Relations by Governor Jeb Bush. Mayor Partyka stated that then mentioned that Commissioner Cindy Gennell had been reelected as Chairperson of the Council of Local Governments in Seminole County (CALNO), at their February 7, 2001 Regular Meeting. Mayor Partyka brought up the matter of Resolution 2000-05 which was on tonight's Consent Agenda for approval. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT, PRIOR TO "PUBLIC INPUT". .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 2 OF 22 III. CONSENT CONSENT C. Office Of The Mayor Resolution Number 2001-05, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mel Glickman For His Service On The Code Enforcement Board. COMMISSIONER BLAKE STATED, "I WOULD BE HAPPY TO MAKE A MOTION AT THIS POINT THAT WE ACCEPT AND APPROVE THAT RESOLUTION, AT THIS POINT SEPARATELY, OFF THIS CONSENT AGENDA." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE 'COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka read Resolution 2001-05 in recognition ofMr. Mel Glickman. Commissioner Robert S. Miller was presented with a Birthday Cake. The issue of Animal Control came up, and Deputy Mayor David McLeod asked if a copy of Seminole County Ordinance 74-8 could be provided to the Commission. II. PUBLIC INPUT Ms. Cindy Barger, 635 Alton Road, Winter Springs, Florida: asked about the property where the Texaco station was to be built and mentioned safety issues; trash; and the fence that is in disrepair. Mr. Anthony A. Garganese, City Attorney gave a brief report on this matter and spoke of code enforcement issues and "public nuisance" problems; and that a "demand" letter had been sent regarding what could be done. A copy of this letter was added to the record. Mrs. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: introduced her family and mentioned numerous encounters with aggressive neighborhood dogs; pet rescue services; code enforcement issues; discussions with Police Department personnel; and their concern for their children's safety. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- FEBRUARY 12.2001 PAGE 3 OF 22 Discussion ensued with Attorney Garganese regarding land-uses; and permitted uses. With Ms. Jimette Cook, Code Enforcement Manager, discussion dealt with kennels; code enforcement issues; nuisance language; and law enforcement options. Deputy Mayor McLeod stated, "Point of Order, Mayor. I think we are getting into the Agenda - we're going to repeat everything we've just talked about. We're really in Public Input." Commissioner Edward Martinez, Jr. asked Captain Mike Noland, Winter Springs Police Department, "Is it necessary for an individual who has no knowledge of Police Department procedures, to ask for a case number, or is it the duty of the officer called to ask if they want to file a complaint?" Captain Noland replied, "No Sir." Captain Noland then went into some of the previous calls involved with this case. Mr. Eric Bosse, 1004 Gator Lane, Winter Springs, Florida: in addition to what his wife had said earlier, he spoke of their concern with the neighbor's dog, and asked for the Commission's assistance. Tape l/Side B Mr. Harvey Wilkinson, 590 Village Place, Longwood, Florida: As a previous oWner of the residence at 1004 Gator Lane, he spoke of a ruling by the Code Enforcement Board; problems with the neighbor's dogs; and enforcing the rules. Mr. Russell DeFazio, 145 West Tradewinds Road, Winter Springs, Florida: asked that the railing and sidewalk be repaired immediately at "The corner of Tradewinds Road and South Edgemon, the southeast corner." Mr. Richard Grogan, 697 Aberdeen Lane, Winter Springs, Florida: Inquired as to the status of the Town Center. Mr. Charles Carrington, Community Development Department Director spoke of plans, and a possible Mayor June groundbreaking specifically "On structures, on the first buildings in Phase One, of the Kingsbury tract." Mr. Grogan then asked if every residence receives a bill for trash on their water bill, including "Mt. Greenwood?" Deputy Mayor McLeod asked Mr. Lockcuff "To look into that, and make sure that Mt. Greenwood is?" Mr. Lockcuff stated, "Sure." Mr. Tim Johnson, 1109 Gator Lane, Winter Springs, Florida: Advised the Commission that animals should be taken care; and spoke of problem animals who run loose; suggested that fines be enforced, and the law should be enforced. Mr. Johnson also inquired about the Charter Review Committee's "Revised Charter" and suggested that any changes be done on a "line-item basis." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12.2001 PAGE 4 OF 22 Mayor Partyka called a break at 7:34 p.m. Mayor Partyka called the meeting back to order at 7:50 p.m. Mayor Partyka stated "For the record, we have three (3) Commissioners here." Mayor Partyka recognized Boy Scout Troop 613 who were in attendance observing a City Commission Meeting. Mayor Partyka stated "Let the record show that we have four (4) Commissioners here, and Commissioner McLeod. We have five (5) Commissioners here." III. CONSENT CONSENT A. General Services Department Requests The City Commission Declare Items On The Attached Lists As Surplus To The Needs Of The City, And To Authorize Their Removal From The City's Assets By Public Auction. Brief discussion. CONSENT B. Public Works Department Requesting The City Commission Approve An Addendum To The Tuscawilla Lighting And Beautification District Entryway Enhancements Construction Agreement. Brief discussion. CONSENT D. Office Of The City Clerk Approval Of The Minutes Of The January 22, 2001 Regular City Commission Meeting. "I RECOMMEND THAT WE APPROVE - THE CONSENT AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 5 OF 22 VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Requests The City Commission Receive Information On The City Of Casselberry's Small Area Study For The Seminole Greyhound Park Property. Commissioner Blake asked, "Who do we have attending the small-study area meetings; somebody from Charles Carrington 's~ffice?" Mr. Lockcuff stated, "I believe Charles himself is attending." Commissioner Blake added, "I would just like to ask that we get any documentation that is handed out for those. Any drawings, reports, suggestions anything like that, just so that we are up on what is happening." Further brief discussion on what may be planned for this area. INFORMATIONAL B. Community Development Department Requests The City Commission Receive Information On The Current Status Of The FDOT State Road 434 Access Management And Road' Resurfacing Program. INFORMATIONAL C. Public Works Department Advising The City Commission Of The Findings Relative To The Approximate Cost Of Stamped Concrete. Mayor Partyka stated, "Is there a Motion to approve the Informational Agenda?" "SO MOVED." MOTION. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 6 OF 22 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Code Enforcement Division Requests The City Commission Holds A First Reading Of Ordinance 2001-09 Amending The C.ode Dealing With Trailer Signs. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. Commissioner Gennell inquired, "On the bottom of the front page of the Ordinance here, it says, doesn't have to do with trailer signs. It does have to do with something we dealt with when we were developing this sign Ordinance, the last line, 'flashing, running or revolving illuminated signs.' And the word 'illuminated' in there, I am going to ask you, are you interpreting that to be that it prohibits revolving illuminated signs but it does not prohibit revolving un-illuminated signs? If so, we need to clarify it a little better." Discussion. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE TABLE THIS ITEM TO GIVE THE ATTORNEY TIME TO CRAFf ADDITIONAL LANGUAGE WITHIN IT. WE'LL BRING IT BACK UP LATER THIS EVENING, RE-READ IT UNDER A FIRST READING WITH THE CORRECTED. TITLE, TO REFLECT THE AMENDMENTS WE DESIRE TO CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 6 OF 22 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Code Enforcement Division Requests The City Commission Holds A First Reading Of Ordinance 2001-09 Amending The Code Dealing With Trailer Signs. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. Commissioner Gennell inquired, "On the bottom of the front page of the Ordinance here, it says, doesn't have to do with trailer signs. It does have to do with something we dealt with when we were developing this sign Ordinance, the last line, 'flashing, running or revolving illuminated signs.' And the word 'illuminated' in there, I am going to ask you, are you interpreting that to be that it prohibits revolving illuminated signs but it does not prohibit revolving un-illuminated signs? If so, we need to clarify it a little better." Discussion. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE TABLE THIS ITEM TO GIVE THE ATTORNEY TIME TO CRAFT ADDITIONAL LANGUAGE WITHIN IT. WE'LL BRING IT BACK UP LATER THIS EVENING, RE-READ IT UNDER A FIRST READING WITH THE CORRECTED TITLE, TO REFLECT THE AMENDMENTS WE DESIRE TO CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 7 OF 22 HAVE MADE TONIGHT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Discussion. Attorney Garganese stated, "So my understanding is you want to prohibit revolving signs." Commissioner Gennell added, "Flashing, running and revolving signs." Mayor Partyka polled the Commission for their consensus. Attorney Garganese clarified that "My understanding is you want to continue to prohibit - revolving illuminated signs or just, plain old revolving signs, whether they are illuminated or not." Attorney Garganese added, "I will strike 'illuminated. ", Mayor Partyka then stated, "Again, the statement is 'flashing, running, or revolving illuminated signs. ", Commissioner Gennell brought up the fact that what if it was 'revolving' and not 'illuminated.' Mayor Partyka stated, "Commissioner Martinez came with, really I thought a simple way of encompassing everything, and that is 'revolving signs. ", Mayor Partyka stated, "Then we need a Motion to take it offthe table." "THAT'S MY MOTION, MAYOR, TO REMOVE ORDINANCE 2001-09 FROM THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "I'D LIKE TO MAKE A MOTION TO READ ORDINANCE 2001-09 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 8 OF 22 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese then stated, "One change would be to Section 1., under 16-57, we'll just simply strike the word 'illuminated,' and I'm assuming that the reason that you want to eliminate these signs is for aesthetic reasons?" Commissioner Gennell added, "And for safety, and distractions." Attorney Garganese added, "I'll appropriately amend the 'Whereas' clauses to reflect those points as well, aesthetics and safety and distractions." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION THAT WE MOVE PUBLIC HEARING ITEM 'A' TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. Utility Department Requesting The City Commission Hold A First Reading For Ordinance #2001-11 Relating To Water Shortages. Attorney Garganese advised the Commission that while he was working on this Ordinance, he was reviewing the "Code provisions that the St. Johns River Water Management District wanted us to adopt by reference in the Ordinances. Those code provisions in my mind are not really applicable, unto what you are trying to achieve, and that is to assist St. Johns in enforcing water shortage orders and emergency orders that CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 9 OF 22 they adopt." Attorney Garganese explained that this Ordinance would be available for the next meeting. Discussion. Commissioner Miller stated that "The last time we discussed this issue, I asked if we could send a letter to St. Johns, expressing our concern that rapid development needs to be addressed by them - you know, the impact on water. Was the letter sent out by the City?" Mr. Lockcuff said that he would check on this. Commissioner Miller added, "If it hasn't, I would like the City Manager to make sure it goes." .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT DISCUSSED. .:. .:. VI. REGULAR REGULAR G. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Animal Control Issues. Ms. Cook introduced this Agenda Item by explaining that "The City Manager asked the Chief of Police and I to look at some issues concerning animal control. Actually, there were two (2) directives. First of all, to address some concerns that had been raised as to what our involvement in animal control issues were and how we handled those. And, then the second one was to look at the Code as we have it, and see how it addresses, not- for-profit pet rescue type operations." Discussion. Commissioner Blake asked Attorney Garganese "Each time we pass an Ordinance, don't we discuss in there the language providing for the repeal of prior inconsistent Ordinances? And if that would have been the case, and I believe that language was in the Ordinance when we changed the maximum number of dogs and/or cats; should not that have changed 'Section 415,' though it doesn't appear to be codified that way?" Attorney Garganese replied, "Yes." Commissioner Blake added, "I just bring that up as a point that we need to think about." Mayor Partyka stated, "Commissioner Blake, I'll let the record show that it is not because you are speaking, because the Boy Scouts are leaving," (Boy Scout Troop 613 left the Meeting). Tape 2/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 10 OF 22 Discussion. Attorney Garganese suggested, "It may be helpful to determine where the Commission wants to go on this? Are we looking to bring an action before the County Animal Control Board? Are we looking to bring the action before the Code Enforcement Board? Are we looking to bring a citation before the circuit court? Are we looking to bring an independent cause of action, like 'file a lawsuit' against a property owner? Because, whichever one you choose, there may be a different evidentiary standard, that we have to build a case from?" Mayor Partyka stated, "It seems to me, and I am going to be real basic here, if you've got a household that gets chronic complaints; noise, defecation, odors, something, but noise and disturbance of the community; it would seem to me you have to somehow penalize those people. I think ultimately, that is where this Commission wants to go." Mayor Partyka polled the Commission on their feelings: Commissioner Miller agreed with Mayor Partyka. Commissioner Blake stated, "I wish to not focus on an individual household on Gator Lane; but I think we should focus on, here, at this level - do we have the appropriate codes in place to protect private property rights within the City, and do we have the effective means to enforce those regulations, and thirdly, are we taking those actions?" Commissioner Martinez did not feel that anyone should be arrested; and added, "Yes, and we have to draft a new Code of Ordinances for this section, that is applicable to all those incidents that are occurring out there." Commissioner Gennell said that her concern was "If the police and the code enforcement are telling us that they don't have enough strength to say they saw something, when the County can say they saw it and they can act on it, but our officers can't say they heard about and they've had fourteen (14) complaints but, they can't act on it. We have a problem here. Why adopt the County's Ordinance if we can't do what the County can do? So, I go back to, if we've adopted what the County says, and if the County can do it, why cannot our officers do it?" Mayor Partyka asked Deputy Mayor McLeod, "Whether the law, at this point as we speak, is strong enough to do what we're supposed to do, or do we have to change it?" Deputy Mayor McLeod stated, "I am not sure that we totally understand what the document says, nor what the guidelines of that document is telling our Police Department or our Code Enforcement." Deputy Mayor McLeod also said, "I think there is plenty of meat in here, I just think maybe part of the situation is that the fines aren't heavy enough." Deputy Mayor McLeod added, "It would be interesting to find out if that person that is paying the fine is getting reimbursed by some organization? Maybe the fine means nothing. So there are a number of questions I think here Mayor." Deputy Mayor McLeod then said, "I would have to ask our officers that are saying they have to see it - have you read this thing, or are you going by a State Statute of some other, under police enforcement?" Further discussion. Mayor Partyka summarized, "I think the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE II OF 22 feeling is there is enough potential law out there for enforcement, it's a question of interpretation. Who enforces the current County law." Commissioner Miller stated, "I would like to go on the record tonight so that you know that it was actually Commissioner Martinez and I that were in the minority, the other Commissioners did not support two things. First, was an effort to get a leash law passed, and the second was to get a 'Pooper Scooper' law passed." Commissioner Miller then stated that he would support the previous Ordinance. Further discussion. Deputy Mayor McLeod advised Ms. Cook that, "There is a problem with the kennel issue. However, the way that I felt about this thing is that it was - we've got a problem with that, we don't know what it means. And I think it is your responsibility to bring that back to the Commission. The Commission doesn't read all these things and try to tie them all together, all the time. You are the one receiving the phone calls from the general public, most of the time, occasionally we do, and when we do though, you are the one that responds to this thing. If there is a problem in an Ordinance that overlaps in control, I would hope that you would bring that to us." Deputy Mayor McLeod also asked that possible solutions be included with all problems brought to the Commission." Further discussion ensued on the problem with kennels. Deputy Mayor McLeod stated, "I think the problem is that we have a shelter here, of animals. I think the concern of the citizen is that at some time, her or her family may be able to get to know her neighbor's dogs, and not fear the dog's of her neighbor; however, when the dogs change on a rotating basis, or whatever animals are there, then there became some of the problem. And I think that's the crux of our problem here, and I think we need to - my direction to you would be is that we need to go back and do something here Kip, on the fact of not only the kennels, but the fact of being able to bring in strange animals and care for them." Deputy Mayor McLeod added, "And if we are going to have some kind of refuge center, I think we need to make sure that this refuge center then, drops into a commercial area, the same as our kennels or an R-U area - I don't find anything of a refuge center, and I don't believe it's in - Seminole County. So, I think our real issue that we are dealing on this particular piece of property, is not just necessarily here, it's the fact that it's a refuge center, and I think we need to bring an Ordinance back to this Commission regarding refuge centers, and where they can be, within this City. And, I think that will probably eliminate many problems that we presently have." Regarding Section 20.23, "at-large," Deputy Mayor McLeod suggested that the following section be noted, "That the Code Enforcement Officer is not necessarily the one needed to cite the violation, due to the fact he has to see that. And I think that if you - read that differently, that is the case, then I would suggest that we change that portion, by the section, put it in ours, that does allow three (3) people signing a citation, for anyone of these things of noise, urinating, whatever, throughout this code, to have as an umbrella to this one - an overlay." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 12 OF 22 In addition, Deputy Mayor McLeod advised Ms. Cook, "If we ever give you anything to do as a Code, or of that nature, and we have missed something, believe me, my feeling is that it is your responsibility to bring that back to US, just as soon as you can get it here." Commissioner Gennell asked Ms. Cook, "When you go out, investigating animal complaints, do you require the owners to show you proof of rabies, vaccinations, and the tags?" Ms. Cook explained that she does not usually get such calls, and the "one" call that she got, she did not ask for this information. Commissioner Gennell further stated, "The County Code, requires rabies vaccinations; it requires the owner to show proof that they have that, and it requires the animal to be wearing a tag - so whoever is going out, investigating these things, has the obligation to check that." Commissioner Gennell also said, "I do believe that everything we need, is in here, and I think there may be one (1) or two (2) small spots where you and the Police Department need to get together to say, 'this is what we have to have in order to be able to go out there and effectuate what you, the Commission wants.'" Additionally, Commissioner Gennell said, "I do not see the need for the City to go into a lawsuit stance, when we have adopted a very comprehensive and obviously thorough Ordinance from the County to start with. I think it needs to be enforced, and I would like, as soon as possible, to see back here before us." Tape 2/Side B Discussion. Mayor Partyka summarized that "Three (3), maybe four (4) basically said we need to enforce the current Regs firmly, and that is the Seminole County ones, with maybe some minor modifications." Commissioner Martinez added, "By separate Ordinance." Mayor Partyka agreed and said, "Right." "MAYOR, I WOULD LIKE TO MAKE A MOTION WE DIRECT STAFF TO COME BACK TO US WITH AN ORDINANCE THAT WILL MAXIMIZE THE PENAL TIES AVAILABLE FOR THESE INFRACTIONS." MOTION BY COMMISSIONER BLAKE. "SECONDED WITH AN AMENDMENT" BY COMMISSIONER GENNELL. DISCUSSION Mayor Partyka inquired, "What is the Amendment?" COMMISSIONER GENNELL STATED, "TO INCLUDE THE PROVISION FOR ANIMAL SHELTER TYPE THINGS TO BE EXCLUDED FROM RESIDENTIAL ZONING." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Deputy Mayor McLeod asked for clarification and inquired, "That the shelter not being in residential areas, are we giving any direction to Code Enforcement, or is Code Enforcement going to come back and tell us the proper designation?" Commissioner CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 13 OF 22 Gennell replied, "I want them to come back to us." Commissioner Blake asked, "When the Commissioner said 'shelters,' does that mean any operation that shelters animals to include what we previously had defined as a kennel, or what is known as a kennel, whether it be a not-for-profit operation, or a for-profit operation." Commissioner Gennell answered by saying, "Exactly, yes." Commissioner Miller asked, "The guidance to the Code Enforcement person is that there will be no kennels, commercial or otherwise, in the Ordinance that is going to be crafted?" Commissioner Gennell replied, "In residential. " Commissioner Blake stated, "Mayor, Point of Order. Currently we are on discussion on the Amendment which only entails the question about shelters." Commissioner Gennell added, "Mr. Mayor, my Amendment embraces a broad definition, a detailed definition of shelters and kennels, what is prohibited and what is not." VOTE: (ON THE AMENDMENT) COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Martinez stated, "Maybe the Motion should include addressing some of the issues in this County Ordinance, and strengthening those areas that need strengthening, for our benefit, and the benefit of the people in our community." VOTE: (ON MAIN MOTION) COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka asked Ms. Cook if this will be ready for the next Commission Meeting. Ms. Cook replied that it would be available "As soon as possible." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER, AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 14 OF 22 REGULAR D. City Manager Requests That The City Commission Authorize The City Manager To: 1) Issue, As Soon As Possible, No More Than $2.5 Million In Bonds For The Tuscawilla Lighting And Beautification District Special Assessment District And, 2) Refinance, As Soon As Possible, The Water And Sewer Revenue Bonds Series 1991 And, 3) Refinance, When Percent Savings Reaches 6% Or More, The Water And Sewer Revenue Bonds Series 1992. Mr. Lockcuff introduced Mr. David Moore, the City's Financial Consultant, and Ms. Louise Frangoul, Finance Department Director to the Commission. Mr. Moore gave a brief introduction to the Commission on this Agenda Item. "I MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GARDNYR MICHAEL, AS THE SENIOR MANAGER, HANIFEN IMHOFF, AND WILLIAM R. HOUGH & CO. AS CO- MANAGERS FOR THE - TLBD FINANCING UNDER THE TERMS OF UTILIZING THE SURETY BOND TO REDUCE THE AMOUNT." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mr. Moore then further advised the Commission matters pertaining to the remainder of this Agenda Item. Discussion. Tape 3/Side A Members of the Commission and Mr. Moore further discussed possible options. "I MAKE A MOTION THAT WE APPROVE ITEM D, SECTION 2) - REFINANCE THE WATER AND SEWER REVENUE BONDS SERIES 1991 AND 3) - REFINANCE THE WATER AND SEWER BOND SERIES 1992 AS RECOMMENDED BY THE CITY MANAGER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 15 OF 22 Mayor Partyka asked Mr. Moore, "Does the Motion meet the standard on specifics, or not." Mr. Moore stated, "The agenda recommendation reads 'Note that if the Water and Sewer 1991 and 1992 Refinancings are able to go at the same time, i.e., the 1992 Refinancing meets the threshold of six percent (6%) or greater, then we would be able to issue one official statement for both, instead of two separate ones.' If this is the case, then we would only need one team as recommended below. The point is that, the recommendation contemplates that if rates are such that you can do them together, then they are one deal." Regarding the Motion, Mr. Moore stated that he understood from the Motion that "My marching orders are to get everything together as quickly as possible for both Financings. If the market conditions are such that we meet the threshold for the 1991 and the 1992, we do them together. If they are not there to do the 1992, then, we put that one on the back burner until they are." Commissioner Gennell commented to those in attendance that "I just want to commend the Finance Department, and the City Manager - for this, because ever since before I was on the Commission, I was always amazed at the ability to go through and refinance these things, and save the taxpayers money, in this manner, and I think it is very, very proactive." Commissioner Martinez agreed. VOTE: COMMISSIONER BLAKE: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR B. General Services Department Requests That The City Commission Select The Avid Neo Geo Company To Provide Marketing And Communication Services To Comprehensively Promote The City, And, Where Necessary And Appropriate, To Encourage Annexation. Also Requested Is The Authorization For The City Manager To Execute The Attached Contract. Mr. Gene DeMarie, General Services Director addressed the Commission and introduced this Agenda Item. Commissioner Gennell inquired whether "The video estimate of$13,283.00 is part of the $25,000.00?" Mr. DeMarie responded, "Yes." Commissioner Gennell then asked, "Are they in the habit of utilizing pictures that are already in the stock of let's say, WPBS or Seminole County or the Tourism and Development Council?" Ms. Mona Isaia and Mr. Lon Winter of Avid Neo Geo were introduced to the Commission. Ms. Isaia stated that CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 16 OF 22 "The answer to your question is 'Yes. You can use existing footage, to be edited in the piece, if it is available. ", Further discussion. Commissioner Blake suggested that the money be instead used for lobbying efforts in Tallahassee, to help "enhance the City." Commissioner Gennell asked that the proximity to Sanford International Airport be considered and asked whether a City flag should be created. The cost of additional videos was also mentioned, and the City was advised that beyond the six (6) original copies, the City would be provided a master for our own duplication efforts. "MOTION TO APPROVE ITEM 'B.'" MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: NAY MOTION CARRIED. REGULAR A. Information Services Department Requests Direction From The Commission Relative To Agenda Item Packets Being Placed On City, Web Site And Starting A Bulletin Board On City Web Site. Ms. Joanne Dalka, Information Services Department Director addressed the Commission. Commissioner Blake explained that regarding his comments on "bulletin boards" from the previous meeting, "What I was really trying to get to was - a place that we already have, we're just not utilizing it, and that is a place where we, the City can pin up things on a bulletin board, if you will." Commissioner Blake and Ms. Dalka agreed that a "Newsflash" would be the type of location that Commissioner Blake was interested in the Information Services Department pursuing. Discussion. Tape 3/Side B Ms. Dalka and members of the Commission further discussed the problems associated with converting some attachments and adding them to our Website. Discussion. Ms. Dalka suggested that Agenda Items be added to our Web Site, but not the related attachments. Commissioner Gennell inquired, "Would you put a reference in there, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 170F22 'Maps available at City Hall, or Maps on view at City Hall, or something like that?''' Ms. Dalka stated, "Yes." Deputy Mayor McLeod asked how much additional time would this new action take up. Discussion. Deputy Mayor McLeod also inquired as to how many hits our Web Site was getting, and stated, "What I wonder is how many people are really going to it, and - what is the payback - for the hours being put into it?" Ms. Dalka stated, "I could get you some information~" Deputy Mayor McLeod added, "I think that would be somewhat interesting." Discussion followed on whether the City Clerk was seeing any change in the amount of requests for information that she was getting. Commissioner Miller stated, "I would like the hits first before you start on this. It might be interesting also to see what the experience has been for other cities around us - and the School Board." Mayor Partyka asked, "What is the Web site that gives you automatic hits for any Web Site that you want? What's that address?" Mayor Partyka stated that he would get that information. Commissioner Gennell inquired how long documents (such as Agendas and Minutes) are being kept on our Web Site, and what were other cities doing? "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF TO PLACE ALL AGENDA ITEMS, INCLUDING THE DOCKETS, ON THE INTERNET, A.S.A.P., WHEN EACH ITEM IS AVAILABLE. THEY ARE RELEASED FROM THE RESPONSIBILITY OF PUTTING ANYTHING ON THERE THAT IS LARGER THAN LEGAL SIZE, IN ORIGINAL FORMAT, HOWEVER, IF IT IS IN DIGITAL FORMAT, AND IT IS EASILY AVAILABLE TO HAVE ON THERE, THEN THEY SHOULD MAKE AN EFFORT TO PUT THAT ON THERE AS WELL. THE SECOND PART OF THIS MOTION IS ANY DISCUSSION OF BULLETIN BOARD, WILL BE AS I DISCUSSED EARLIER, AND THAT IS AS A - 'NEWSFLASH' PAGE, WHICH IS A WAY TO DISSEMINATE INFORMATION FROM THE CITY TO THE CITIZENS, THROUGH THAT METHOD." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE IS OF 22 "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND THE MEETING TO 11 :30." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. REGULAR C. City Manager Requesting That The City Commission Of The City Of Winter Springs Decide How They Would Like To Recognize Former City Clerk, Mary T. Norton, Who Recently Passed Away. Discussion. Commissioner Gennell suggested that "We could certainly I think, find a suitable place to put some kind of a little monument - like the monument at Torcaso Park - without naming the whole thing after her." Commissioner Blake suggested "The walkway, the Trail that goes from Torcaso Park to Sunshine Park" or "A special place on the wall here at City Hall or a "Walk of Fame." Commissioner Martinez suggested that perhaps, at Sunshine Park, we "Place a plaque there - or a stone with a description telling people who she is." Deputy Mayor McLeod added, that in regards to Commissioner Blake's idea, "It would be nice if we pick an area, whether it be the Trail or somewhere along there, and maybe start along that part of the Trail, you put different plaques that recognize different people." Commissioner Gennell suggested, "We may want to hold off until we are actually bringing the Trail through the City, and have points of interest, where you can do those things in a more focused area." It was agreed to have this matter placed on the next Agenda. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 19 OF 22 REGULAR E. Public Works Department Recommending The City Commission Adopt Resolution #2001-06 Requesting The County Commissioners Approve The Renewal Of The One-Cent Sales Tax For Transportation Projects And Schools And Schedule A Referendum For September 2001. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. Discussion. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Commissioner Blake asked Mr. Lockcuff, on the Project List, "The one about Winter Springs Boulevard? Is that to four-lane Winter Springs Boulevard?" Mr. Lockcuff replied, "Not at all." Commissioner Miller then asked Mr. Lockcuff, "Is this Transportation Project List a sacred document, or is it a 'for instance' of what the money could be spent on?" Mr. Lockcuff answered, "This will be the Project list. Adding a Project to the list will require an amended Interlocal, at a future time, and we will be bringing back the Interlocal for this, in the next couple of meetings." Commissioner Miller then said, "So, how much time do we have to make changes to this?" Mr. Lockcuff replied, "Between now and - when the actual Interlocal is adopted." VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR F. Public Works Department Updating The City Commission Regarding The Status Of Various Traffic Signalization Projects In The City. Discussion ensued on the Edgemon Avenue and the Moss Road signal. Mr. Lockcuff, Captain Noland and members of the Commission further discussed this intersection. "I MAKE A MOTION - TO SIGN THE SIGNALIZATION MAINTENANCE AGREEMENT." MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 20 OF 22 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Commissioner Gennell thanked the Commission for their support. Mayor Partyka then stated, "This 434 - basically you've got it. When is it going to happen?" "I WOULD LIKE TO MAKE A MOTION THAT WE GO AHEAD AND GO FORWARD WITH WINDING HOLLOW AND PARKS TONE, THE SIGNALIZATION." MOTION BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THE REMAINDER OF THIS ITEM TO OUR NEXT MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Tape 4/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 21 OF 22 VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese addressed the Commission on the "City Business Card" issue. Attorney Garganese advised the City Commission that "The Staff for the Commission on Ethics did not feel there was enough legal precedent to issue an informal opinion." Attorney Garganese asked the Commission, "Do you want to get a fomlal Opinion on that issue that I presented, or do you want to not request an Opinion from them." Attorney Garganese was asked for his opinion. Discussion. Commissioner Blake suggested that Attorney Garganese should bring this matter up, at the next Commission meeting, "And ask us if we have any further opinions on any recommended action, at that point in time." Attorney Garganese stated that he would put an Agenda Item together for the next Meeting, and would include the letter that he wrote to the Commission on Ethics, and other documents, for the consideration of the Commission. COMMISSIONER MILLER STATED, "POINT OF ORDER. I MAKE A MOTION TO ADJOURN." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 11 :25 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. REPORTS B. City Manager - Ronald W. McLemore CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 12,2001 PAGE 22 OF 22 REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat II - Michael S. Blake REPORTS E. Commission Seat III - Edward Martinez, Jr. REPORTS F. Commission Seat IV - Cindy Gennell REPORTS G. Commission Seat V - David W. McLeod REPORTS H. Commission Seat I - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka SUBMITTED: a- v..-, .~ - ",I"': -~ A' 'I- ;;.... ... ~::-. :--;; -- " - -. - ,j: ;VAUL'P. P1\E.EfYKA J 0.=-. MAYOK,,:' ' " ,.'" . NOTE: These minutes were approved at the February 26, 2001 City Commission Meeting.