HomeMy WebLinkAbout_2001 08 27 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
AUGUST 27,2001
I. CALL TO ORDER
The Regular Meeting of August 27,2001 of the City Commission was called to order by
Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
ROLL CALL:
Mayor Paul P. Partyka, present
Deputy Mayor David W. McLeod, present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner Cindy Gennell, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
Mayor Partyka welcomed Winter Springs Boy Scout Troop 196. The Pledge of
Allegiance was then led by members of Boy Scout Troop 196, after a moment of silence.
Agenda Changes were briefly reviewed.
PRESENT A TIONS
Mayor Partyka read a Proclamation in honor of "Constitution Week."
Mayor Partyka then recognized Ms. Joanne Da1ka, Director of the Information Services
Department for her recent cooperative educational experience at Seminole Community
College. City Manager, Ronald W. McLemore advised those in attendance that Joanne
"Has been a real team player and one of the huge contributors in the last five or six years,
since I've been here and really moving the City forward in the world of data processing
and information systems. I don't know how we could have done it without her. She has
been a real trooper. If it took eighty (80) hours a week, it took eighty (80) hours a week,
and that's just been the 'get it done' kind of attitude that every employer loves to have in
an employee; so Joanne, we're just really happy to recognize you tonight!" Mayor
Partyka then presented Ms. Dalka with a "Certificate of Appreciation" from Seminole
Community College.
Mayor Partyka then recognized the Chorus from Winter Springs High School for their
efforts in the recent Orlando Musicfest Competition, and awarded them with a plaque on
behalf of the City Commission.
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Mayor Partyka noted for those in attendance that "The City of Winter Springs, in its
category, has - been voted America's best city in which to live."
II. PUBLIC INPUT
No one spoke.
III. CONSENT
CONSENT
A. Utility Department
Requesting Authorization To Enter Into A Contractual Agreement For Town
Center Force Main Improvements.
CONSENT
B. Office Of The City Clerk
Approval Of The Minutes Of The August 13, 2001 Regular City Commission
Meeting.
Mayor Partyka stated, "I'll take a Motion to approve the Consent Agenda."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
IV. INFORMATIONAL
INFORMATIONAL
A. Fire Department
Informing The City Commission As To The Information Requested Regarding The
Seminole County Transportation Study.
Commissioner Edward Martinez, Jf. spoke of his concerns with Senior Citizens being
able to get around, and said, "I have been asking for this City to make a commitment to
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provide those folks with some form of transportation. Commissioner Martinez further
stated, "I am requesting that you please make an effort to follow up in earneSl: on this
issue and find a way to provide some transportation for the folks that can't drive
anymore."
Mayor Partyka commented on the public address system, as it seemed to be weak on the
left side (looking out from the dais) of the Commission Chambers.
Fire Chief Timothy 1. Lallathin spoke on this issue and elaborated upon several parts of
his report to the Commission, and addressed the issue of "Para-transit" and other possible
options.
Commissioner Cindy Gennell said to Chief Lallathin, "You did a fine job!"
Commissioner Gennell further stated, "While 1 do think it's important for us to go
forward with the County, and eventually we will be integrated into that bus system; it's
still, when it's fully done, isn't going to serve the needs that Commissioner Martinez
addressed, and maybe even the Commission may want to go back and revisit the specific
discussion regarding a van and transportation to that one facility and the options of only
that - one type of a service, a very limited service to the Senior Center. I would not
object to having that on a future Agenda myself, as a single item."
Commissioner Martinez added, "I'm looking for a solution to the problem - to which we
would be able to send someone to pick these people on a daily basis if needed, or once a
week, whenever it is needed, bring them to the Senior Citizens Center." Commissioner
Martinez then stated, "I would suggest like Commissioner Gennell said, that this be
brought back as an Agenda Item, very soon."
Mayor Partyka said, "So, you'll bring it back, the final report when it's available, and
then at that point in time the Commission can decide what to do next."
Chief Lallathin explained that this will be brought back by Mr. Earnest McDonald,
Advance Planning Coordinator for the Community Development Department, who has
experience in transportation matters.
Deputy Mayor David W. McLeod spoke on this issue and said, "1 totally agree with
Commissioner Martinez that I think it is time that we take a hard look, Mr. McLemore
and not necessarily something that is a Lynx bus, but something that is perhaps a service
that we may not own the bus, but a service we could contract through, that would provide
the service for the handicapped, as well as the elderly, in order to have them be able to
attend our Civic Center. Other communities do it, and 1 would urge that we continue to
look for a way, in transportation needs that we may have to budget for, but I do think it's
a well spent investment by this City."
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Commissioner Gennell further spoke on the "Para-transit" and the - system that Lynx has
in place. Commissioner Gennell further commented, "It's been making the news for the
past two (2) or three (3) years for how badly it operates, and how they run two (2) or
three (3) hours behind, and sometimes they don't show up at all. And until such ,a time as
we hear in the newspaper that they are exemplary and doing a wonderful job, I don't
think that it behooves us to tell our - senior citizens to rely entirely on that, if we can
afford to do otherwise."
INFORMATIONAL
B. Finance Department
Requesting The City Commission Review Information Regarding The Status Of
The Utility Billing Computer Conversion.
"MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY
COMMISSIONER MARTINEZ. SECONDED. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Commissioner Michael S. Blake stated, "I would like to thank the Fire Chief for once
again, not the first time, but once again, stepping up in an area outside of his field, but
trying to bring us some help at the Commission leveL" Mayor Partyka then said, "Mr.
Fire Chief, thank you very much for your support and help in doing what I call, a little bit
extra." Commissioner Martinez also agreed with these comments.
V. PUBLIC HEARINGS
PUBLIC HEARINGS
A. Finance Department
Requests The City Commission Hold A Public Hearing On The Non-Ad Valorem
Tax Assessment For Streetlighting Within The County Club Village Subdivision
And Provide Directions As Seemed Appropriate.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
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Commissioner Blake stated, "Ron, the calculations that were done, do indeed show what
I though was the case, and that is that we are not adequately collecting for the
administrative fees." Manager McLemore stated, "I think there is about a three hundred
dollar ($300.00) difference." Commissioner Blake then said, "The question is in the past
we've had special districts such as the TLBD or the Oak Forest Wall Assessment District.
We have expended funds and then charged those back to the account at a future date -
and I think that is the equitable way to do that. Is there a way for us to cheaply and easily
keep an accounting of that this time, and make sure that we charge back next year to this
account to make sure that it is adequately funded?" Manager McLemore stated, "Louise
and I have already talked about that and that's exactly what we are going to do,"
"MOTION TO APPROVE ITEM 'A.'" MOTION BY COMMISSIONER
MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
PUBLIC HEARINGS
B. Not Used.
PUBLIC HEARINGS
C. Community Development Department
Requests The City Commission Conduct A Public Hearing For Second Reading Of
Ordinance 2001-46 To Adopt The Proposed Administrative Rezoning (REZ-05-
2001) That Would Change The Zoning Map Designation Of The Moss Wood
Apartments Property And Three (3) Adjacent Sites From C-2 "General
Commercial And Industrial District" To R-3 "Multiple-Family Dwelling District".
City Attorney Anthony A. Garganese read the Ordinance by "Title" only.
Mr. Charles C. Carrington, AICP, Community Development Department Director and
Ms. Patricia A. Tyjeski, AICP, of Land Design Innovations, Inc., Consultant to the City
of Winter Springs addressed the Commission.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
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"I'D LIKE TO MAKE A MOTION TO APPROVE." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
D. Community Development Department
Requests The City Commission Conduct A Public Hearing For The Second Reading
Of Ordinance 2001-48 To Amend The Official Zoning Map Of The City Of Winter
Springs By Changing The Current Designation Of The 1.36 Acre Subject Property,
Located At 1135 State Road 434, From (Seminole County) A-I "Agrkulture"
District To The City Of Winter Springs' TC Town Center District.
Attorney Garganese read the Ordinance by "Title" only.
Mr. Carrington and Mr. John Baker, AICP, Current Planning Coordinator addressed the
Commission on this matter. Mr. Carrington advised the Commission that "Staff is here to
answer questions and also the applicant, Mr. Miranda is in the audience should you have
questions of the applicant. Mayor Partyka asked the applicant if he wished to speak,
however he declined to do so.
Discussion ensued on the actual location of the property. Commissioner Blake then
expressed his concerns with "The proposed use of this property." Mayor Partyka stated,
"So noted."
Commissioner Martinez and Commissioner Blake inquired as to whether this property
had been posted. Discussion then ensued on the posting of the property. Furthermore, in
discussing whether the property had been posted, Commissioner Blake asked, "Is it the
big sign from Public Works?" Commissioner Blake further stated, "In fact, the
Commission did direct Ron, some time ago, when we were discussing the property over
on 17-92, or near 17-92 and Nursery Road, the procedures to post a property effectively
when there is a Rezoning, and this is a Rezoning. And, in fact, I remember you saying,
Mr. Manager at the meeting that Commissioner Martinez just noted, to get the sign from
Public Works, the big sign, and to post it, and apparently that was not done," Manager
McLemore added, "That's exactly correct as I remember it."
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"I AM GOING TO MAKE A MOTION TO POSTPONE THIS ITEM UNTlL OUR
NEXT REGULARLY SCHEDULED COMMISSION MEETING WHICH IS -
SEPTEMBER 10TH - AND THAT WILL PRESERVE THE ADVERTISING AND
THAT PROPERTY WOULD BE POSTED AS THIS COMMISSION DIRECTED
FOR THAT HEARING." MOTION BY COMMISSIONER BLAKE. SECONDED
BY COMMISSIONER MARTINEZ. DISCUSSION.
COMMISSIONER BLAKE CLARIFIED HIS MOTION BY SAYING, "THIS IS
GOING TO BE THE SECOND READING, THE ADOPTION READING, THE
POSTPONEMENT MOTION IS TO PICK IT UP, RIGHT WHERE 'YE ARE
CURRENTLY - SEPTEMBER 10TH."
VOTE:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
Deputy Mayor McLeod said to Manager McLemore, "It was very clear that eveni.ng what
the Commission had asked for - also reluctant that evening by your staff, that they wanted
to do that. I would hope that when the Commission asks for something in the future, and
I'm glad to see the Commission call them on it, that the Staff does perform what's asked
of them, and not to try to read into it."
Mayor Partyka added that this Commission has a policy that "For any future Rezoning,
that it be posted."
VI. REGULAR
REGULAR
A. General Services Department
Requesting That The City Commission Provide Direction In Appointinl~ Legal
Counsel To Advise The Code Enforcement Board.
Manager McLemore introduced this Agenda Item. Attorney Garganese then said, "I just
want to point one thing out, that's not quite correct in the Agenda Item - the Florida Law
does permit the City Attorney to serve as the Code Enforcement Board Attorney,
however, if the City Attorney does serve in that capacity he cannot present cases to the
Code Board, on behalf of the City. So the City Attorney can do either one of two things,
present cases to the Board or represent the Board."
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Attorney Garganese suggested, "It is a very good idea to provide training from time to
time, that would be very beneficial I think, for the Board, especially if new Members are
added. You should periodically update the Board regarding - case law, and what they can
and cannot do."
Commissioner Blake spoke of funding for an Attorney to represent the Code
Enforcement Board, and inquired of Attorney Garganese, "What would you rather do?
Would you rather represent the Code Board or would you rather represent the
Commission?" Attorney Garganese said, "I don't have a preference." Attorney
Garganese then said, "I could probably be more effective representing the Code Board."
Potential conflicts of interest were then discussed.
Commissioner Blake then stated, "Mayor, I am concerned that the Code Board - is one of
those Boards that really does deal with people's rights. And I am concerned that - we
don't give opportunities for enough training for the Code Board." Commissioner Blake
then said, "I don't know if we need to provide for a full time Attorney for the Code
Board, all the time. It might be appropriate in general, to have perhaps a junior member
from Anthony's firm, serve on occasion when there are cases on the Agenda that may be
fairly complex, to have that person available for the Code Board to use. In this particular
case, I think we've already - by our previous actions decided which way to go and that is,
I think we need to hire somebody from outside counsel and hopefully just keep it very
short. "
Tape l/Side B
Commissioner Martinez said, "There are some issues however that come up, but I believe
to preserve the rights of a citizen, it is more incumbent upon the City to hire an Attorney,
in which case, we should have one present, if they want one present. Otherwise, I think
that by a conference with you or someone in your office, that could resolve any given
problem that arises and needs legal assistance, or either to have - someone physically
present at the time, to dispose of one case. What I do not envision is the need for a full-
time Attorney with the Code Enforcement Board."
Commissioner Robert S. Miller asked Ms. Joalme Krebs, Chairperson of the Code
Enforcement Board discussed how many cases may have needed the services of an
Attorney over the past two (2) years.
Ms. Joanne Krebs, Chairperson Of The Code Enforcement Board: spoke about training
that she has received; and when an Attorney might need to be present.
Commissioner Miller further said, "It would be beneficial then to the people on the Code
Board if they were availed of some legal expertise, as maybe part of a Workshop where
an Attorney would point out, these are the type things that you need to be aware of and
then what would make you more comfortable - in those cases that come along, such as
the one we just looked at in the last month or two, that an Attorney may - be present at
those proceedings."
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Commissioner Miller suggested, "It may not be a bad idea for this Commission to then
consider some kind of a commitment, maybe financial I suppose, where we would
identify maybe an Attorney who would be available from time to time, possibly not our
Attorney to avoid any complications later; and provide some training - maybe eaGh time a
new person comes on board, and then on those instances where you feel you're clearly in
need of some Counsel. During the proceedings, there would be someone that the - Code
Board could call upon and have that person attend the meeting. Whatever that would
cost, I think we just need to get a handle on that and - in the budget."
Ms. Krebs further asked that two (2) Alternates be appointed to the Code Enfi)rcement
Board. Commissioner Miller said to Ms. Krebs, "I believe we are working that issue
right now."
Further discussion ensued on when Attorneys were formerly provided to the Code
Enforcement Board and the Planning and Zoning Board/Local Planning Agency. Deputy
Mayor McLeod suggested, "It would seem to me that the Chairperson should be able to -
based on the Agenda requirements, should be able to call the Attorney for advice, prior to
an Agenda Item. The problem is that only ends up with the Chairperson having the
knowledge of what the Attorney said." Deputy Mayor McLeod further suggested,
"Maybe we need to have a couple of educational programs with them. Maybe that the
Attorney just needs to hold a couple of those educational programs and then the Attorney
comes back and reports to us what his feelings and findings are after that, as to how to
handle it."
Further discussion ensued on caseload and the format of information on cases that is
forwarded to the Code Enforcement Board. Ms. Krebs added, "I don't know if it is a
judgement call. I don't know if it's something that comes up on an Agenda that I can
speak with either the City Manager or somebody about what's coming up and the
possibility of having - maybe foreseeing that. Or, better yet, why not have somebody
from Staff ~ occasionally come in and see where we are having problems or listen to the
tapes, maybe you already know; and say okay, we've been having problems here, let's
get some help for them in this area."
The length of meetings and what would be involved for legal advice was then discussed.
Manager McLemore suggested, "Our goal should be to provide the minimum help that is
needed and provide training as much as possible, so that they are comfortable in moving
ahead - with these cases, and what I was going to suggest is that Anthony and I - get
together with you Joanne." Manager McLemore then said that he agreed with the
suggestion of providing training and added, "I would really like to bring this back at your
next Meeting, and have a chance to talk with the Attorney about due process and
evidence and all those things that are minimally required to make sure that we have a
sound decision."
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Deputy Mayor McLeod said that, "If we're talking about a $3,000.00 - $4,000.00
expenditure, it might be worth that expenditure to keep from any kind of a lawsuit, to
make sure that they have the proper legal advice, and I am not saying for the Attorney to
become the dictator of the policy. The Code Board still runs the meeting. The Attorney
is there for advice, when asked for, or when he sees that somebody is heading down the
wrong path. That seems to me to be a prudent expense."
Deputy Mayor McLeod then said, "I would be willing to postpone this Item until the next
Commission Meeting but at the same time, I would like to see the City Attorney and Mr.
McLemore and the Chairperson to get the time together and to come back and present to
us what they really feel is workable; and the Chair may not feel the same as the
Manager. "
Mayor Partyka advised those in attendance that "Basically, four (4) Commissioners have
said, 'As needed on tern1S of an Attorney - so that's where we are right now." Deputy
Mayor McLeod clarified, "I am not totally' As needed.' I'm thinking about somebody
there at the meetings Mayor." Mayor Partyka said, "Okay."
Commissioner Gennell said, "I have been of the opinion that it would be to our best
interest and to the Code Boards interest to have somebody there at each and every
meeting. I am willing to listen to other proposals, but I would have a much higher level
of comfort, if they had regular support outside the Board from an Attorney."
Commissioner Martinez stated, "I am saying it should be as the need arises, and I think
that the Code Enforcement Manager who feeds you the cases, should have an idea, based
on her experience and the process that you have been through as to whether you need an
Attorney there for certain cases, and advises you or advises the City Manager; or call the
City Attorney, whichever process they have in place to inforn1 them that you need legal
assistance present during this time. I don't think we should spend money foolishly by
just having an Attorney there sitting, listening to what is happening."
"I WOULD LIKE TO MAKE A MOTION THAT WE INSTRUCT THE CITY
MANAGER TO TAKE UNDER ADVISEMENT ALL THE POINTS THAT WERE
BROUGHT UP HERE THIS EVENING, BRING US BACK A LIST OF OPTIONS,
SPANNING FROM ONE (1) ATTORNEY AT ALL MEETINGS, TO ONE (1)
ATTORNEY AT SOME MEETINGS, TO NO ATTORNEY AT ANY MEETINGS
AND WHATEVER SEEMS APPROPRIATE, BASED ON OUR INPUT HERE
TODAY." MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
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VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
REGULAR
B. Utility/Public Works Department
Requesting Authorization For The City Manager To Execute A Purchase And Sale
Agreement For The Acquisition Of Approximately 8.7 Acres Platted As The
Hartman Industrial Park From James D. And Martha R. Hartman.
Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director advised the
Commission on several alternatives regarding the subject property.
Discussion followed on the proposed purchase, and Commissioner Martinez spoke of his
objection to the purchasing of the property. Mr. Lockcuff advised Commissioner
Martinez that "1 do believe the Hartman piece would meet our needs for the next ten (l0)
years, in and of itself. The 3.2 acres will not." Mr. Lockcuff further stated, "As for the
money we have accounted for this in the Utility Enterprise Fund, we planned for it in the
Bond issue, so the funds are available. It will not cause any increase in rates, in and of
itself for the acquisition of this property." Commissioner Martinez further stated that he
did not agree with the proposed purchase for this property.
Manager McLemore said to Mr. Lockcuff, "When you say it would take care of our
needs for ten (10) years, I'm talking about not only Public Works/Utility, but all our other
needs in the City, as far as having a place to put all our operational type activities, storage
for all of City Hall, all these various Departments, not just Public Works and Utilities."
Mr. Lockcuff clarified, "1 speak only for Public Works and Utilities. 1 don't speak to the
other Department's needs."
Commissioner Blake inquired about the price, negotiations, and when the appraisal had
been done. Commissioner Blake then said, "I have a concern as I think everybody up
here knows, about the City's long tenn financial outlook and I certainly have a concern
about buying property that we're not going to need for the foreseeable future. I may
agree to go forward with this contract if that agreement is adjoined with an agreement to
liquidate the property that we currently have, where Utilities is currently housed."
Discussion followed on general fund assets. Commissioner Blake then stated, "I would
be agreeable to the purchase if it's at the right price only if in conjunction with this
purchase, we also agree to liquidate the holdings where we currently are located, 1:0 offset
the costs of buying this."
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Discussion ensued on zoning issues related to the properties in question, Commissioner
Miller asked, "What would it probably become?" Manager McLemore responded, "1
think what we would want to do is make it compatible with its surroundings,"
Discussion.
Commissioner Gennell asked, "What happened to the thought processes that we are
directing those pieces of City owned vacant property to be used for a community center
in that area, which has no real Commission gathering place right there, and the additional
parking that you mentioned that we really needed there?" Manager McLemore
responded, "The Commission will just have to decide - what it wants to do."
As Boy Scout Troop J 96 had to depart, Members of the Commission thanked them for
their attendance at tonight's Meeting.
Chief Lallathin spoke on parking. The use of area basketball courts was then discussed
with the Commission.
Tape 2/Side A
Commissioner Blake then said, "1 could not support the purchase of the entire Hartman
tract without knowing where the funding was going to come from overall."
Commissioner Blake then spoke of the three (3) parcels and their relationship, and said,
"So without raising funds for this purchase through liquidation of those surplus
properties, then I could not support the purchase. 1 would have to agree with
Commissioner Martinez."
"I WOULD LIKE TO MAKE A MOTION THAT WE AP)>ROVE
'ALTERNATIVE 4' OF 'ITEM B.'" MOTION BY COMMISSIONER MJ[LLER.
SECONDED BY COMMISSIONER GENNELL. DISCUSSION.
"I'D LIKE TO MAKE AN AMENDMENT TO THE MOTION - THAT 'VOULD
BE THAT WE WILL DO A STUDY ON '9' PUBLIC WORKS AND 'A.O,' TO
DETERMINE THE USES OF THOSE PROPERTIES IN THE FUTURE, AND TO
DETERMINE WHAT PORTIONS OF THAT MAY BE SURPLUS AND - IF IT IS
DECLARED SURPLUS, IT WOULD BE SOLD TO HELP PAY FOR ANY
FUTURE CONSTRUCTION ON THE HARTMAN PROPERTY." MOTION BY
DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER M][LLER.
DISCUSSION.
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VOTE: (ON THE AMENDMENT)
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER GENNELL: NAY
COMMISSIONER MILLER: AYE
DEPUTYMAYORMcLEOD: AYE
MOTION CARRIED.
VOTE: (ON THE MOTION AS AMENDED)
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
The closing on the HCCH property was briefly discussed.
REGULAR
C. City Manager
Requests That The City Commission Make An Appointment To Serve As A Liaison
To The St. Johns River Water Management District.
Commissioner Miller said that he would be interested in serving on this Committee.
Commissioner Gennel1 mentioned that she was planning to nominate Commissioner
Martinez. Commissioner Martinez stated that he would be interested in accepting this
nomination.
Commissioner Miller withdrew his name for consideration.
"I NOMINATE COMMISSIONER MARTINEZ." MOTION BY
COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
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REGULAR
D. City Manager
Requesting The Commission Reconsider The Commission's Previous Direction That
The City Go Out For A RFP For Banking Services In Light Of Its Good Faith
Agreement With Bank Of America.
Manager McLemore introduced this Agenda Item and explained that no copy of an
Agreement could be found.
Commissioner Blake suggested, "If we can't find any documentation then I think we
need to do something to memorialize what we thought occurred then, and I think Mr.
Manager that you should have some negotiations or have your Staff have some
negotiations with the bank and bring together an Agreement not longer than three (3)
years, at this point in time, that would define exactly what services they will gave us and
where we would received a "Favored Nations" clause type treatment which is what we
discussed the last time out. And no, I don't have any interest in pulling the business from
Bank of America as long as they are servicing our accounts to the level that we require."
"I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE MANAGER'S
REQUEST TO GO AHEAD AND START NEGOTIATING WITH THE BANK,
AFTER HE GETS THE RECOMMENDATIONS OF - (STEVE) ALEXANDER'S
FIRM." MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER GENNELL. DISCUSSION.
"I'D LIKE TO AMEND THAT TO READ THAT WE AUTHORIZE STAFF TO
NEGOTIATE WITH BANK OF AMERICA IN A MEMORIAJLIZED
AGREEMENT THAT CLEARLY OUTLINES ALL OF THE CRITERl[A OF
THIS AGREEMENT FOR A PERIOD OF NOT LONGER THAN THREE (3)
YEARS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY
MAYOR McLEOD. DISCUSSION.
COMMISSIONER BLAKE STATED, "I WOULD ASK THE MANAGER TO
REVIEW THE CITY'S INVESTMENT POLICY AND WHAT WE ARE
REQUIRED TO DO. WE HAVE TO DO THINGS IN THREE (3) YEAR
INCREMENTS, THAT'S OUR POLICY." DEPUTY MAYOR McLEOD
SUGGESTED, "I THINK WE SHOULD AT LEAST, FROM OUR STANDI.OINT
GIVE THEM THE OPPORTUNITY TO KNOW THAT THREE (3) YEARS
FROM NOW, THERE IS REALLY NO DEAL ON THE TABLE, AND THAT WE
WILL GO OUT FOR IT."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - AUGUST 27, 2001
PAGE 15 OF 24
VOTE: (ON THE AMENDMENT)
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MILLER: NAY
COMMISSIONER GENNELL: NAY
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
MANAGER McLEMORE ASKED THE COMMISSION, "WOULD YOU BE
COMFORTABLE IN GIVING ME A LITTLE LEEWAY AS I NEGOTIATE
WITH THEM OVER TO WHETHER IT IS THREE (3) YEARS OR FOUR (4)
YEARS OR THREE (3) YEARS OR FIVE (5) YEARS, BASED ON WHAT
COMES OUT OF THE DEAL?" MAYOR PARTYKA RESPONDED, "THE
AMENDMENT SAYS THREE (3) YEARS." MANAGER McLEMORE STATED,
"OKA Y."
VOTE: (ON THE AMENDED MOTION)
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
REGULAR
E. City Manager
Requests The City Commission's Direction Regarding The Upcoming Performance
Review For The City Clerk.
Commissioner Blake stated, "I just want to point out that we directed you to bring this to
us one (1) month before her anniversary date, and according to my calendar, it'~, one (I)
month to the day, so Ijust want to congratulate you."
Discussion.
Commissioner Blake said that he agreed with other Commissioner's suggestions of
having the City Manager do the City Clerk's review, "But I would like - his work to be
delivered to us no later than the next Meeting, in order to give us time to review it, and to
make comments back to him, before a final version is drafted."
Mayor Partyka summarized the previous comments by saying, "All of them have agreed
that the City Manager basically should do the evaluation - all five (5). It's just a question
of timing at this point and to a degree, should we bring it back here. And four (4) of them
basically said 'Bring it back. ",
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PAGE 16 OF 24
Commissioner Blake added, "1 was setting a timeline for it to be back to US, not
requesting that it be on the Agenda for discussion on that date. What I envision, is each
of the five (5) of us then having the opportunity to review that, see what was said and
then have an opportunity to comment back to the Manager, if at all, on things that we
may see differently, because in fact, she does work for us, she does not work for him."
Deputy Mayor McLeod stated, "It's not that it's going to come back here as an Agenda
Item..." Commissioner Blake added, "It will on the 2ih..." Deputy Mayor McLeod
then said, "We should review it with the Manager prior to it coming back. That 1 would
agree to."
"I'D LIKE TO MAKE A MOTION THAT THE MANAGER BE DESIGNATED
TO PREPARE THE UPCOMING PERFORMANCE REVIEW FOR THE CITY
CLERK AND THAT HE HAVE THAT - BACK TO THIS COMMISSION BY
SEPTEMBER 10TH FOR OUR CRITIQUE AND FINAL DISPOSTION ON
SEPTEMEBER 27TH." MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER GENNELL. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
DEPUTYMAYORMcLEOD: AYE
MOTION CARRIED.
Mayor Partyka called a break at 8:36 p.m.
The Meeting was called back to order at 8:47 p.m.
ADD-ON
REGULAR
F. City Manager
Requesting The City Commission To Approve The Purchase And Sale Agreement
For The Acquisition Of The Parker Property And To Authorize The City Manager
To Execute The Agreement On Behalf Of The Commission.
Manager McLemore advised the City Commission that "We had an issue over Section
19. and it is our recommendation that we believe that is some superfluous language, and
that we adopt this, deleting Section 19."
Discussion ensued on access and the Agreement with "Springs Land." Commissioner
Blake stated, "As I read this, frankly it sounds to me like this is protective language for us
in that it stated that 'Nothing herein shall constitute a waiver or relinquishment by Seller
of its access agreement with the buyer.'" Manager McLemore said that he was :not sure
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - AUGUST 27, 2001
PAGE 17 OF 24
how this was applicable. Commissioner Blake suggested, "We obviously need to look at
that. "
Mayor Partyka asked why we did not know the reason for this clause. Discussion
followed on why this was being done prior to the Referendum being held, and what the
property was appraised at.
Commissioner Blake said, "I would vote for this, except for Section 19., if the
Referendum were passed and for the record I will be voting for the Referendum, but I
will not vote for it prior to the Referendum." Commissioner Martinez suggested that if
this Item is approved tonight, that there are safeguards; and he agreed with Attorney
Garganese that Section 19. did not mean anything and said, "But, I think you should deal
with it, one way or another, and when you bring this back, we should have an answer."
Tape 2/Side B
Deputy Mayor McLeod stated that he was in disagreement with Item 19. and the
"Purchase price and method of payment. I do believe our agreement is the $2.950,000.00
on the property, and I think you need to re-write that language in there from a standpoint
that it is - to be perhaps any additional charitable amount that would be certified through
an Appraiser would be agreed to by the Commission, Anthony, rather than putting a four
million dollar ($4,000,000.00) price tag here."
Deputy Mayor McLeod further stated that "I think the charitable contribution portion is
something they have to prove anyhow, isn't it?" Attorney Garganese agreed and
suggested "That's a very easy fix of Paragraph 2." Deputy Mayor McLeod further stated,
"Would you mind fixing - Paragraph 2. - and also (c) of Paragraph 2. also." Attorney
Garganese agreed with this and stated, "The purchase price would be $2,950,000.00, it
would be as originally stated, that they struck out and added additional language. The
purchase price will be $2,950,000.00; there will be a $50,000.00 deposit; the remaining
$2,900,000.00 will be conditioned upon the approval of the Referendum, that's ~;tated in
2. (b), and if you are following along; and then Paragraph (c) will go back the way it was
originally proposed, that they believe the purchase price is understated based on an
appraisal, then we will agree to sign 'Internal Revenue Service Fonn 8283' just
acknowledging a charitable donation, but we leave the appraisal up to them and their
determination of - whatever they believe the purchase price should have been."
Deputy Mayor McLeod further agreed with the original verbiage and said, "I wouldn't
have a problem with the contract other than clarity of what 19. truly is."
Commissioner Blake asked, "The four million dollar ($4,000,000.00) question, couldn't
we handle that in number 8. with the appraisal section? That if we elect to at our cost to
get the appraisal, then we would agree that the value of the property is whatever the
signed professional Appraiser says it is and that any amount over $2,950,000.00 that we
would agree that it's a contribution?" Further discussion ensued on the appraisal.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - AUGUST 27, 2001
PAGE 18 OF 24
Commissioner Blake next suggested that "I think we ought to utilize a value that is from
a Certified Appraisal and not from some number they have given us or that we make up
ourselves." Attomey Garganese agreed with Commissioner Blake. Discussion ensued
on the first page - "Exhibit 'A'" - and whether the word "registered" should be stricken.
Manager McLemore stated, "It's the registered voters voting." Commissioner Blake
added, "It doesn't say that." Manager McLemore then said, "It should." Attorney
Garganese stated, "He is correct. I will insert the word 'Voting' after Winter Springs."
Mayor Partyka summarized the proceedings by saying, "Paragraph 2., Paragraph 19. and
Paragraph 8., plus a little bit of the technical stuff. Okay."
"I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THE CITY
MANAGER TO APPROVE THE PURCHASE AND SALE AGREEMENT FOR
THE ACQUISITION OF THE PARKER PROPERTY AND TO AUTHORIZE
THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF
THE COMMISSION, WITH ALL CORRECTIONS AND DELETIONS STATED
DURING DISCUSSION AS PER SECTION 8., SECTION 2., AND
SUBDIVISIONS THEREOF DELETING SECTION 19. AND - THE SECOND
WHEREAS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
MANAGER McLEMORE THEN STATED TO THE COMMISSION, "THE
COMMISSIONER ASKED ABOUT 'EXHIBIT A.' THAT'S JUST A LEGAL
DESCRIPTION AND - THAT WILL BE ATTACHED TO THE AGREEMENT."
VOTE:
COMMISSIONER MARTINEZ: AYE
DEPUTYMAYORMcLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
VII. REPORTS
REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
Attorney Garganese advised the Commission on the outcome [Tom the recent Code
Enforcement Board Hearing held this past Tuesday, August 21, 200 I, "That du~ring the
rehearing of the - Laudini Case, it was decided 4-2 that the $1.00 dollar fine would stay
as is; that they were not interested in increasing the fine."
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - AUGUST 27, 2001
PAGE 190F24
REI'ORTS
B. City Manager - Ronald W. McLemore
Manager McLemore advised the Commission that he had placed in the Commission's
mail boxes, a letter sent to Mr. David B. Struhs, the Secretary of Florida's Department of
Environmental Protection, and that "They agreed that they would give us through the
October cycle of the Governor and Cabinet to get this thing done."
Regarding the second refinancing of Utility Bonds, Manager McLemore stated, "We
were right at 7% on savings last Friday, which is well over the benchmark you had given
us, which would result in a net savings on your mIDual debt service of around $80,000.00
a year." Further discussion.
Manager McLemore handed out infonnation on upcoming mandatory tramIng for
members of the Commission. Manager McLemore added that "I had asked the City
Attorney for an opinion on that on whether it really applies to the Board, and I think he's
working on that." Discussion ensued with Manager McLemore and Ms. Louise
Frangoul, Finance Department Director on why the Commission had not been informed
at an earlier date. Ms. Frangoul explained that "The deadline in terms of complying with
the Florida Statute that requires us to have Investment Training, ends on September 30t\
and it began last year, October I st."
Commissioner Gennell asked, "What if somebody, a Pension Board Member or
somebody can't make it, or whatever their reason?" Ms. Frangoul responded, "We'll
have to arrange to have them get some additional training elsewhere. They are required
to have it before September 30th." Commissioner GennelI then said, "I concur with the
rest of the Commission, I would really have appreciated it much sooner." Commissioner
Gennell then said, "I would encourage you, from my perspective, to look around to some
of the other municipalities, and if they are doing this, find out where they have - time
slots, so any of those who can't make it can avail and we can trade likewise with the
other cities." Ms. Frangoul stated, "Okay."
Manager McLemore then added, "There is still the question out there, whether the
Commission has to do it, and that's something if I could get in the next couple of days,
we could get you out of that." Commissioner GennelI added, "The same thing applies for
the Pension Board Members too."
Mayor Partyka then said, "I think Commissioner Gennell has a couple of good
suggestions there. I think we need to look at that, then concurrently we need to find out
whether this Commission actuaIIy needs to be there, so there's a two-fold assignment."
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - AUGUST 27, 2001
PAGE 20 OF 24
REPORTS
C. City Clerk - Andrea Lorenzo-Luaces
City Clerk Andrea Lorenzo-Luaces asked the Commission for a consensus on their
preference of how Commission photographs should be framed and where the
Commission would like the photographs places. A couple of samples were suggested.
Mayor Partyka asked, "Why does this Commission have to get involved with things like
this. Why can't that just be done with the concurrence of nonnal procedures - with the
City Manager?"
"I WOULD LIKE TO MAKE A MOTION WE APPOINT THE CLERK AS OUR
ARTISTIC CONSUL T ANT AND HAVE HER FRAME THOSE PICTURES,
HOWEVER SHE SEES FIT." MOTION BY COMMISSIONER BLAKE.
SECONDED. DISCUSSION.
COMMISSIONER BLAKE THEN STATED, "MAYOR, I HAVE AN
AMENDMENT TO MY MOTION. THE COMMISSION WILL AGREE THAT
WHATEVER SHE DOES, HOWEVER SHE DOES IT, WE WILL ALL BE
HAPPY WITH IT." MOTION BY COMMISSIONER BLAKE.
MOTION DIED FOR LACK OF A SECOND.
VOTE: (ON THE MAIN MOTION)
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
REPORTS
D. Commission Seat Three - Edward Martinez, Jr.
Commissioner Martinez advised Manager McLemore that he picked up information from
the State of Florida's Department of Community Affairs Emergency Management
Preparedness and Assistance Trust Fund at the Florida League of Cities Annual
Conference. Commissioner Martinez noted that numerous cities around the State had
applied and received funds, but he did not see the City of Winter Springs referenced.
Manager McLemore spoke about the City joining the County in similar efforts and Chief
Lallathin explained, "At this current tenn, we didn't actually identify any needs for this
current Grant cycle." Chief LaUathin then said, "We have actually looked at a couple of
issues with - Public Utilities in regards to some of their chlorination and some other
things - we will be looking this coming Grant cycle for some additional items."
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - AUGUST 27, 2001
PAGE 21 OF 24
Commissioner Martinez asked what the status was on the Adult Entertainment
Ordinance. Attorney Garganese responded that "You will definitely get it before the year
is out, probably sooner."
Commissioner Martinez suggested that instead of recognizing groups and special events
during Regular City Commission Meetings, which adds to the length of these Meetings,
that such recognition be done on a special date set aside for this.
Regarding the "Open Container" issue that was on the June 25th Agenda, Commissioner
Martinez inquired as to when it would be brought back. Manager McLemore responded,
"We'll try to do that within the next 30 days." Commissioner Martinez asked if it could
be ready by the September 10th Meeting and with further discussion, Commissioner
Martinez said "I hope that we can have it by September 2ih? Do you think?" :Manager
McLemore responded, "I think so."
REPORTS
E. Commission Seat Four - Cindy Gennell
Commissioner Gennell stated that at a recent meeting, she had asked "If we could have
some information brought back to us and I was wondering when we could expect that,
and that's the information relative to what other cities do, and what the State or Federal
guidelines are that we have to do, or can do." Mr. Lockcuff and Manager McLemore
said that a report would be brought to the Commission at the September loth Meeting.
REPORTS
F. Commission Seat Five - David W. McLeod
Deputy Mayor McLeod commented on a recent editorial in the local newspaper about the
upcoming Referendums, and asked Manager McLemore if he had been in touch with the
Editor regarding the article. Deputy Mayor McLeod then inquired, "Did they understand
what the Charter Review was?" Manager McLemore stated, "I don't think so. Their
main concern was over the issue of "Ternl Limits." Their position to me was we have
historically been opposed to 'Term Limits.' We are going to continue to be opposed to
'Term Limits,' and since your Charter was a revised Charter with everything in it and not
having the option to vote on 'Term Limits,' then they can't support it because the
enactment of it would include 'Term Limits.' Now, the fact that we already have 'Term
Limits' in our City's Charter, I thought would speak for something but apparently it
didn't, so what you've got is their categorical across the board lack of support for 'Term
Limits. ",
Deputy Mayor McLeod then commented that "I think the article really did a disservice
for the Charter." Manager McLemore added, "I did ask for a meeting with the Editorial
Board. I did not get that approval. I was asked to put our thoughts down on paper and
provide them with a letter, which I will be composing tonight - I've already started on it.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - AUGUST 27, 2001
PAGE 22 OF 24
Ifthere is anything that you want to suggest, give me a call tomorrow, I'll be happy to put
it in."
Furthermore, Deputy Mayor McLeod stated, "I just think they have done a real disservice
to this Commission and this City with this editorial and I think that definitely should be
brought to their attention. And I'm glad to see that you've followed up on that - so, I
appreciate that input."
Deputy Mayor McLeod then commented on the article by resident Terry Scarlata.
Deputy Mayor McLeod said, "And I think that was another disservice after the fact that
we have sat here and we went through an awful lot with that particular individual."
.:. .:. AGENDA NOTE: COMMISSIONER MARTINEZ ASKED TO GIVE
ADDITIONAL REPORTS, AS DOCUMENTED. .:. .:.
REPORTS
D. Commission Seat Three -Edward Martinez, Jr.
Commissioner Martinez advised Manager McLemore that he had brought him a "Code of
Ethics" prepared by the City of Jacksonville which is "Supposedly the best and most
solid 'Code of Ethics' in the State of Florida," in case Manager McLemore wished to
suggest that this Commission should adopt a "Code of Ethics" for the City of Winter
Springs.
Further, Commissioner Martinez spoke of a sample Ordinance which addresses the
prevention of using cell phones while driving, and asked that Manager McLemore
consider this information.
REPORTS
G. Commission Seat One - Robert S. Miller
Commissioner Miller spoke briefly about the water billing situation; and he commented
that Casselberry's plans to develop the dog track site has fallen through.
Commissioner Miller spoke of a recent article on water problems and asked Attorney
Garganese whether we should consider advisory wamings; or posting notices; and
inquired, "Do we have any liability to advise people in our City that the lake is dangerous
to swim in, aside from the alligators?"
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - AUGUST 27, 2001
PAGE 23 OF 24
REPORTS
H. Commission Seat Two - Michael S. Blake
Commissioner Blake inquired about the status of "The piece of land that we own that is
next to the Police Station on the corner of 419 and Moss Road. I believe, we had a
discussion probably a year ago about declaring that parcel surplus, and liquidating it."
Commissioner Blake commented that he was glad that the Winter Springs High School
Chorus received recognition from the City for their efforts, and compliment"ed them,
Further, Commissioner Blake then commented on the successful JROTC program at
Winter Springs High School, and said, "Mayor, I would ask that you look into the
possibility of finding recognition for them also," Commissioner Blake mentioned that
the City of Oviedo has done a similar type of recognition on entranceway signs. Manager
McLemore asked, "Is that on the same sign or finding some other way or both?"
Commissioner Blake said that "It was on the same sign in Oviedo."
Commissioner Blake then spoke on the issue on parking and what is legal and said, "1
really think it's time for a policy - to figure out where people should be parking."
Commissioner Blake then said, "1 would like to ask Staff to take a look at this and let's
clarify what the rules are. I myself would like to see a prohibition for on street parking,
including the rights-of-way."
Additionally, Commissioner Blake suggested that the City will need to be concerned with
upcoming electricity issues, and related revenues and franchise fees, and suggested that
"We need Staff, 1 think to keep our eyes open." Commissioner Blake added, "There is
going to be substantial legislation there that we are going to have to keep an eye on, and
we may have to spend some money to be involved with it Ron, and working on it."
REPORTS
I. Office Of The Mayor - Paul P. Partyka
Mayor Partyka advised the Commission that "1 would like to send a letter to Mayor John
Land on behalf of this Commission, just to recognize their championship Little League
Team."
Mayor Partyka recognized Commissioner Blake for "Doing an outstanding job" running
the "Municipal Finance and Taxation" meeting at the Florida League of Cities' A.Imual
Conference, Mayor Partyka also commented on the recent Florida League of Cities'
Annual Conference.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - AUGUST 27,2001
PAGE 24 OF 24
VIII. ADJOURNMENT
"MOTION TO ADJOURN." MOTION BY COMMISSIONER lIlLAKE.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
Mayor Partyka adjourned the Meeting at 9:44 p.m.
RESPECTFULLY SUBMITTED:
. ....--- 'j/';....
NOTE: These minutes were approved at the September 10,2001 City Commission Meeting.