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HomeMy WebLinkAbout2001 01 08 Consent G Approval of December 11, 2000 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM G Consent X Informational Public Hearings Regular ~ January N{ 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT G.. Office Of The City Clerk Approval Of The December 11, 2000 City Commission Regular Meeting Minutes. (" " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 11,2000 I. CALL TO ORDER The Regular Meeting of December 11, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:35 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 Cindy Gennell, arrived at 6:36 p.m. Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Ir., arrived at 6:36 p.m. Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:36 p.m. City Attorney Anthony A. Garganese, present REVISED Presentations Mr. Randall Farwell, Director Of Planning, Lynx Would Like To Update The City Commission On The Status Of The Northern Corridor Alignment Re-Study To Identify An Acceptable Potential Light Rail Alignment Segment Between Princeton Street And State Road 434. Mr. Farwell's Goal Is Inform The City Commission Of The System Requirements And Engineering Design Trade-Offs That Will Form The Basis For The Many Technical And Public Policy Decisions To Be Addressed. (This Presentation Was Previously Planned To Be Heard During The Regular City Commission Meeting Of October 23, 2000-But Was Not Heard On That Date) Deputy Mayor Cindy Gennell, arrived at 6:36 p.m. Commissioner Edward Martinez, Jr., arrived at 6:36 p.m. Mr. Farwell gave a short presentation on this subject. City Manager Ronald w: McLemore, arrived at 6:36 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 2 OF 20 Commissioner Martinez asked Mr. Farwell, "Are there any plans to expand towards Winter Springs?" Mr. Farwell replied, "Yes sir. There are. In the long range plan, we have routes that will extend east/west into Winter Springs, and I would be happy to bring that information to you." II. PUBLIC INPUT Mr. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs. Florida: asked if an informational letter from the City could be sent to the Winding Hollow Board of Directors of their Homeowner's Association. Discussion. Commissioner David W" McLeod stated, "I take it Ron, our Parks and Recreational Department aren't involved in this, are they?" Manager McLemore stated, "Not to my knowledge." Commissioner McLeod further stated, "I would set that record straight first. " Mayor Partyka stated, "City Manager, it looks like the majority - agree. Let's set the record straight with a short letter." Manager McLemore said, "I would like to include this map though. I think we should make it very clear what it is we are saying we are not doing, and I think we should make sure that this map is included, and say 'this is not a plan or presentation of the City of Winter Springs.'" Deputy Mayor Gennell added, "Well you make sure that you point out - that it wasn't originated by us, and we have no idea where it came from"" Manager McLemore agreed and said, "I think that it is important that we do that." Commissioner Robert S. Miller stated, "That was why I brought up the original map, because there is obviously a lot of misinfonnation going on with this map, and I don't know how this misinformation started in Winding Hollow." Commissioner Miller further stated, "That's why - the original map would show where it was, and this is obviously a false document. So, put both of them in there, Exhibit 'A' and Exhibit 'B.' Exhibit 'A' being what we originally thought about, and Exhibit 'B,' put out by some anonymous person. " Mayor Partyka stated, "Does this Commission agree to let the City Manager do what is right, based on our comments there." This was agreed to by the Commission. Mr. Mervin Werner, 673 Keuka Court. Winter Springs, Florida: Spoke about the retention pond in Wicklow Greens. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2000 PAGE 3 OF 20 III. CONSENT CONSENT A. City Clerk Approval Of The Minutes Of The November 27, 2000 Special City Commission Meeting (Continuation Of November 13, 2000 Regular City Commission Meeting) CONSENT B. City Clerk Approval Of The Minutes Of The November 27, 2000 Regular City Commission Meeting. Brief discussion. Members of the Commission and Attorney Anthony A. Garganese agreed that transcripts from the Court Reporter (who attended this meeting), should be attached to the Minutes. CONSENT C. General Services Department Requests The City Commission Ratify A Collective Bargaining Agreement Between The City And Local 3296, Winter Springs ProCessional Firefighters Association (I.A.F.F.), And Authorize The City Manager To Execute Same On The City's Behalf. Brief discussion. CONSENT D. General Services Department Requests The City Commission Extend The Current Franchise With Florida Public Utilities Company For One Hundred Eighty (180) Days From Its Expiration Date Of December 31,2000. "MR. MAYOR, I WOULD LIKE TO HAVE THIS ITEM MOVED TO THE PUBLIC HEARINGS SECTION PLEASE. THAT WOULD BE MY MOTION." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 4 OF 20 Mayor Partyka added, "Okay, this gets moved up to Public Hearings, and after 'A,' to 'B. '" CONSENT E. Fire Department Requesting Authorization To Purchase A Vehicle By Piggybacking Off Of Seminole County Bid #AfB-340 (2001). Discussion. CONSENT F. Finance Department Requests The City Commission Approve A Budget Amendment To Reflect The 2000 Water And Sewer Bond Issue And The Establishment Of A Separate Arbor Special Revenue Fund. "MAYOR, I WOULD LIKE TO MAKE A MOTION WE MOVE ITEM 'F' TO THE REGULAR AGENDA, AND THAT THE CITY ATTORNEY CRAFT A RESOLUTION TO PASS WITH IT." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REVISED CONSENT G. Community Development Department - Land Development Division Presents To The Commission The Request Of CENTEX Homes For Authorization For Additional Building Permits To Be Issued For The Parkstone PUD. (This Agenda Item Is The Same Agenda Item That Was Listed As "Add-On" Consent Agenda Item "A" On The December 4, 2000 Special Meeting, Which Was The Continuation Of The November 27, 2000 Regular City Commission Meeting Agenda. This Agenda Item Was Not Heard On December 4,2000) MOTION TO "APPROVE THE CONSENT AGENDA, MINUS THOSE ITEMS THAT WERE MOVED OUT TO OTHER SPECIFIC AREAS OF THE AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11.2000 PAGE 5 OF 20 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Public Works Department Forwarding To The City Commission Information About The Complaints Regarding The Wicklow Greens Detention Pond. INFORMATIONAL B. Community Development Department Requests The City Commission Receive Information On The City Of Casselberry's Small Area Study For The Seminole Greyhound Park Property. Discussion" Mayor Partyka stated, "Is there a Motion to approve the Informational Agenda?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE (, OF 20 v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Code Enforcement Division Requests The City Commission Holds A First Reading Of Ordinance 2000-42 That Amends The Code Dealing With Parking In Residential Areas. "MOTION TO READ 2000-42 BY TITLE ONL Y." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Tape I/Side B Discussion ensued on the language used, specifically, "front yard" and "driveway." Commissioner Michael S. Blake asked, "Is there perhaps a better way to word this which more accurately reflects our intentions, but still works well with the language in 20-411 or 20-412?" Further discussion ensued on whether the word "lot" should be used. 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'D LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2000-42 TO A SECOND HEARING AND AMEND THE LANGUAGE TO READ - 'SECTION B: CAMPERS, CAMP TRAILERS, AND BOATS AND TRAILERS MAY BE PARKED TEMPORARILY ON THE LOT OF RESIDENTIAL ZONED AREAS.' THE REST IS THE SAME." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 7 OF 20 Mayor Partyka said, "The key word is 'lot,' instead of 'front yard. '" Commissioner Blake added, "Instead of in the 'front yard,' it's on the 'lot.'" Commissioner McLeod asked, "Would you possibly - instead of saying 'lot,' call it the 'premises?'" Mayor Partyka asked Attorney Garganese, "Does it make a difference, Mr. Garganese?" Attorney Garganese explained, "I think so. A 'lot' is another zoning defined term and would include the four (4) corners of the property, the boundary of the property. One thing I want to bring up, logically, what the Commission is trying to do by using the term 'lot' makes a lot of sense, on a temporary basis, but, I'm not so sure that it doesn't then conflict with sub-paragraph (a) which actually defines a permanent area to store those types of vehicles in the rear and the side yard. And then your (b), your temporary provision would encompass the entire property when you're already permitted to permanently store those vehicles in the side yard and then in the rear yard." "MAYOR, I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO TABLE THIS ITEM UNTIL OUR NEXT REGULARLY SCHEDULED MEETING, DURING WHICH TIME STAFF AND THE ATTORNEY WILL COME BACK WITH APPROPRIATE LANGUAGE THAT BETTER DEFINES WHAT WE ARE TRYING TO GET TO." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Attorney Garganese explained, "'Motion to Table' can be addressed by the Commission if you vote on it and it passes. At the next meeting, when you pull it off the table - you take it with the (main) Motion on the floor." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka added, "This Item is Tabled until the next Commission meeting." .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS PREVIOUSLY LISTED ON THIS AGENDA AS CONSENT AGENDA ITEM "D," HOWEVER, THE COMMISSION VOTED IT ONTO THE PUBLIC HEARINGS AGENDA. THIS AGENDA ITEM IS NOW NOTED AS A PUBLIC HEARINGS AGENDA ITEM." .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER II, 2000 PAGE 8 OF 20 General Services Department Requests The City Commission Extend The Current Franchise With Florida Public Utilities Company For One Hundred Eighty (180) Days From Its Expiration Date Of December 31, 2000. Attorney Garganese stated, "You need to make a finding that there is an emergency, and the Ordinance would have to pass by two-thirds vote of the City Commission because it is an Emergency Ordinance that you are proposing." COMMISSIONER BLAKE STATED, "THAT'S MY MOTION." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Attorney Garganese stated that "An Emergency Ordinance requires one (1) reading." Mayor Partyka stated, ''Need a Motion to read by 'Title' only." MOTION. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE MOTION DID NOT CARRY. NOTE: COMMISSIONER McLEOD AND COMMISSIONER MARTINEZ DID NOT VOTE. BECAUSE OF THE 'NAY' VOTE, THIS ORDINANCE WAS REQUIRED TO BE READ COMPLETELY. Commissioner Blake stated, "Point of Order. I believe the 'Title' is incorrect - I believe it is 2001." Attorney Garganese read (the revised wording in) Emergency Ordinance Number 2000- 44. (See Attachment "A 'J Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11.2000 PAGE 9 OF 20 The "Public Input" portion of this Agenda Item was closed. The "Effective Date" was briefly discussed. Mayor Partyka stated, "Looking for a Motion here." "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VI. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire No report. REPORTS B. City Manager - Ronald W. McLemore No report. REPORTS C. City Clerk - Andrea Lorenzo-Luaces No report_ REPORTS D. Commission Seat V - David W. McLeod Commissioner McLeod asked, "When do we think that Fisher Road is going to come back for us again? Mr. Kip Lockcuff, P.E., Utility/Public Works Department Director stated, "I should have a proposal from our Engineer at the first meeting in January. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1.2000 PAGE 10 OF 20 Commissioner McLeod also inquired about a "Water stubout that was put on Winter Springs Boulevard by the contractor on Tuscawilla," and then asked, 'Do you know if that line has been moved yet, that was blocking the driveway?'" Mr. Lockcuff stated, "I don't think it has been moved yet, though we did provide a letter authorizing the contract to extend beyond the original contract." Mr. Lockcuff added, "I thought it was blocking a potential driveway? It's in front of the empty lot, right?" Commissioner McLeod agreed and said, "It is in front of the empty lot. It is where the person who owns that lot, occasionally parks his vehicle in that particular area. It has been impossible to park in there since the pipes were put there." Commissioner McLeod further stated, "So, I'd hope that we take that up and have it moved before they complete Tuscawilla Road." REPORTS E. Commission Seat I - Robert S. Miller No report. REPORTS F. Commission Seat II - Michael S. Blake No report. REPORTS G. Commission Seat III - Edward Martinez, Jr. No report. REPORTS H. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell asked about the status of Consent Agenda Item "F." Brief discussion followed. Deputy Mayor Gennell asked the Commission if they wished to become members of the National League of Cities. "I'LL MAKE A MOTION THAT WE SUBSCRIBE AGAIN TO THE NATIONAL LEAGUE OF CITIES AT HALF PRICE. IT'S ONLY GOOD UNTIL DECEMBER 31ST, OF THIS YEAR." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 11 OF 20 Commissioner Miller stated, "Point of Order," Brief discussion on this membership. VOTE: COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REPORTS I. Office Of The Mayor - Paul P. Partyka No report, Mayor Partyka called a break at 7:50 p.m. The Meeting was called back to order by Mayor Partyka at 8: 13 p.m. VII. REGULAR REGULAR A. Community Development Department - Planning Division Requests The City Commission Consider Approving A Proposed Annexation Agreement Between The City And Wayne P. And Robin R. Roberts That Will Extend Municipal Sewer And Water Services To Property Located Outside The City Limits. Annexation Can Occur At Such Time As The City Deems Appropriate. Mr. Charles Carrington, AICP, Community Development Director stated that "The Agreement would simply allow the applicant to connect to the municipal water and sewer services, prior to annexation with an agreement that they would annex..into the City when required, and Staff is recommending your approval." Discussion. Dr. Robin R. Roberts, Property Owner: addressed the Commission. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE SECTIONS SPELLED OUT IN ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 12 OF 20 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR B. City Manager Requests That The City Commission Establish A Workshop Date To Meet With The Winter Springs Planning And Zoning Board To Discuss The Role Of The Planning And Zoning Board As It Relates To Annexations. Brief discussion. With consensus by the Commission, it was decided that this Workshop would be held on February 5th, 2001 at 6:30 p_m. REGULAR C. Public Works Department Requesting City Commission Input For The Median Landscaping Design For State Road 434 From Tuscawilla Road To State Road 417~ Much discussion. Mr. Bill Starmer of SRI. Inc., and Mr. David Wickham of David Wickham & Associates: spoke with members of the Commission. Tape 2/Side A Discussion ensued. Commissioner Miller said, "What we could possibly do and what we would really like to do, because the existing perception of what is possible doesn't seem to be enforced anymore. I've always been told by Staff and everybody I have asked, 'No, you can't put large trees in roadways." Commissioner Miller further commented on large trees and said, "I would like to see a discussion by this Commission with a concept presented by you, possibly what 434 would look like twenty-five (25) years from now, with fifty (50) to sixty (60) foot Oaks there, where the canopy is starting to overhang the roadway." Commissioner Martinez stated, "Point of Order." Brief discussion ensued on a Consent Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 13 OF 20 "I'D LIKE TO MAKE A MOTION OR SUGGEST A MOTION THAT WE HAVE COMMISSIONER GENNELL PASS ALONG OUR OBSERVATIONS TO THE B.O.W.S. BOARD ON WEDNESDAY, WITH THE PROVISO THAT SHE NOT STATE THAT WE ONLY WERE LOOKING AT MAGNOLIA TREES." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. COMMISSIONER MILLER FURTHER STATED, "SO THE MOTION THAT WE SHOULD PROBABLY SAY - SOMETHING ALONG THE LINES THAT THE B.O.W.S. BOARD THEN CONCURRING OR NOT GIVING THEIR INPUT, ADVICE, COUNSEL, THAT THAT WOULD FORM THE BASIS FOR YOU TO GO AHEAD AND PREPARE THE NECESSARY PAPERWORK FOR SUBMISSION BY - JANUARY THE 31 ST." MAYOR PARTYKA STATED, "THE FIRST MOTION IS - YOUR ORIGINAL MOTION WHICH SAYS, 'GIVING A PARTY TO COMMISSIONER GENNELL, TO TAKE THE INFORMATION, WHATEVER WE DO TO THE B.O.W.S. BOARD.'" COMMISSIONER McLEOD STATED, "I'D LIKE TO SEE THE B.O.W.S. BOARD DO THEIR OWN JOB WITH THEIR RECOMMENDATIONS, WITH THE STAFF, AND WITH THE ARCHITECT AND DESIGN PEOPLE, AND THEN BRING IT BACK AND COMMISSIONER GENNELL BECOMES OUR LIAISON BETWEEN THIS COMMISSION AND THE DESIGN PEOPLE TO MOVE IT FORWARD." COMMISSIONER McLEOD FURTHER STATED, "THAT WOULD BE MY AMENDMENT TO THE MOTION." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. VOTE: (MAIN MOTION AS AMENDED) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 14 OF 20 REGULAR D. Finance Department Requests The City Commission Authorize Appropriations From General Fund And Water & Sewer Fund Balance $39,857 And $35,840 Respectively, To Purchase Finance, Utility Finance, Purchasing And Business License Equipment And Software That Will Enhance The Capability Of The New Financial Management Data Processing System. And Waive The Competitive Bidding Requirements Due To Sole Source Providers. (This Agenda Item Is The Same Agenda Item That Was Identified On The November 27, 2000 Regular City Commission Meeting Agenda As Regular Agenda Item "E"- But Was Postponed Until This Meeting) Discussion. Commissioner Miller added, "I would still like to see something from Staff, and you know what you already have on board, you know what you need to get through the end of the year. Commissioner Miller further stated, "If your request prevails tonight, and all three (3) of these are addressed, I would still like to get something from you which indicates that in the next twelve (12) months, based on everything that you know, these are areas that may have to be addressed." "I'D LIKE TO MAKE A MOTION THAT WE AUTHORIZE SUPPLEMENTAL APPROPRIATIONS FROM THE GENERAL FUND FOR $38,611 AND SUPPLEMENTAL APPROPRIATIONS FROM THE UTILITY FUND IN THE AMOUNT OF $35,840 TO FUND THE THREE DIFFERENT CATEGORIES OF ITEM 'D' FOR THE FINANCE DEPARTMENT SOFTWARE AND HARDWARE. ALSO FURTHER, THE COMMISSION MAKES A FINDING THAT JET FORMS LASER SOFTWARE IS THE SOLE SOURCE PROVIDER AND WE WAIVE THE BIDDING REQUIREMENTS ON THAT CONTRACT." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 15 OF 20 REVISED REGULAR E. Finance Department Requests The Commission Authorize The Formation Of A 3 Member Audit Selection Committee, Authorization For The City Manager To Issue An RFP For Audit Services In Compliance With The Competitive Auditor Selection Procedures Set Forth In Florida Statutes Section 11.45(3)(a) 6 And 7 (Competitive Negotiations Act) And Authorization For The City Manager To Negotiate A Contract For Audit Services For Review And Approval By The Commission. (This Agenda Item Was Formerly Listed As Consent Agenda Item "e" On The November 13, 2000 Regular City Commission Meeting. During That Same Meeting, This Agenda Item Was Moved To The Regular Agenda. Due To Time Constraints This Agenda Item Was Not Discussed On That Date. The Same Agenda Item Was Then To Be Discussed During The November 27, 2000 Special City Commission Meeting (Which Was The Continuation Of The November 13,2000 Regular Meeting) However, It Was "Postponed" To This Meeting) Brief discussion. "I'LL MAKE A MOTION THAT THE COMMISSION APPOINTS AN - AUDIT SELECTION COMMITTEE WHICH WOULD ENCOMPASS THE CITY MANAGER, THE DIRECTOR OF FINANCE AND A COMMISSIONER TO BE NAMED BY THE COMMISSION FOR THE PURPOSES OUTLINED IN THIS AGENDA ITEM." MOTION BY COMMISSIONER BLAKE. MOTION DIES FOR LACK OF A SECOND. Tape 21Side B Further discussion. "I'D LIKE TO MAKE A MOTION THAT WE APPOINT A FOUR MEMBER AUDIT SELECTION COMMITTEE, COMPRISED OF THE CITY MANAGER, THE FINANCE DIRECTOR, THE GENERAL SERVICES DIRECTOR, AND COMMISSIONER BLAKE." MOTION BY COMMISSIONER MILLER. COMMISSIONER MILLER CLARIFIED HIS MOTION AND STATED, "THAT THE COMMITTEE WOULD BE COMPRISED OF THE CITY MANAGER, THE FINANCE DIRECTOR, AND COMMISSIONER BLAKE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER MILLER STATED, "POINT OF CLARIFICATION FROM THE CITY ATTORNEY - COULD YOU SHED SOME LIGHT ON THIS QUESTION?" COMMISSIONER MILLER ASKED, "WOULD COMMISSIONER BLAKE HAVE TO EXCUSE HIMSELF THEN ON THE DAY OF THE APPROVAL OF THE VOTE?" ATTORNEY GARGANESE STATED, "NO, HE WOULDN'T. THE CITY COMMISSION CAN ESTABLISH THE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11.2000 PAGE 16 OF 20 COMMITTEE THAT IT CHOOSES." COMMISSIONER MILLER THEN ASKED, "IS THERE ANY CONFLICT OF INTEREST?" ATTORNEY GARGANESE ANSWERED, "ONLY IF A VOTING CONFLICT ARISES, PURSUANT TO FLORIDA STATUTE - THAT'S THE ONLY VOTING CONFLICT THAT A COMMISSIONER FACES." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. "I'LL MAKE A MOTION THAT WE HAVE THE MANAGER GO AHEAD AND ISSUE AN RFP." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka stated, "The third part of this is to authorize the City Manager to negotiate a contract, again subject to Commission approval for Audit Services based on what the Selection Committee recommends. Is there a Motion to that?" "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11.2000 PAGE) 7 OF 20 REGULAR F. City Manager Notifying The Mayor And Commission Of The Requirements Of Section 4.02. Of The Charter Of The City Of Winter Springs As It Relates To Districting. Further, The City Manager Is Requesting Guidance As It Relates To The Possibility Of The Charter Review Committee Recommendation That The City Add A Sixth District To The City. Discussion. Deputy Mayor Gennell asked Attorney Garganese, "On the Districting Committee, the members of the Districting Committee can also be members of our other Boards because this Districting Committee is just a short term thing. Is that correct?" Attorney Garganese stated, "In this case, you have a Charter provision specifically relating to the Districting Commission, and that says 'Electors chosen shall not be employed by the City in any other capacity. ", Deputy Mayor Gennell further inquired, "So, then the question becomes, 'Are our Board Members employees of the City?'" Discussion. Regarding possible recommendations, Mayor Partyka stated, "The status right now seems like at least three (3) people want the five (5) member districts - to go on at that point, and let's wait until after the Charter Review is done." Mayor Partyka further stated, "At this point, it seems like the input to the City Manager is that we just concentrate on the current Districting Commission, and whenever it's appropriate, we'll decide at that point in time." Commissioner McLeod added that, "I think part of the consensus though Mayor, is that a Staff member take a look at this thing, draw a line on a City map, and tell us what that looks like." With further discussion, Mayor Partyka then advised everyone, "So, your suggestion is that we do come out with our nominations by January 8th. So that's a head-up." Mayor Partyka then spoke about Deputy Mayor Gennell's request for information and asked Attorney Garganese, "Can a person serve on this and any other Board?" Attorney Garganese replied, "I would like a little time to think about that issue. You have until, no later than January 22nd to make the appointments; preferably, I think Staff is recommending January 8th. Let me think about that issue and get you an answer." Mayor Partyka stated, "Just fax it in so we can pass it on to the Commission." Deputy Mayor Gennell stated, "So you will get back to me?" Attorney Garganese replied, "My intentions are to get something to all the Commissioners and the Mayor, on that very issue, in writing - sooner, rather than later." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER II, 2000 PAGE 18 OF 20 REGULAR G. City Manager Recommends The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. Deputy Mayor Gennell nominated Commissioner McLeod for Deputy Mayor. Commissioner McLeod nominated Commissioner Blake for Deputy Mayor. With a hand vote, Commissioner McLeod was selected as the next Deputy Mayor. REGULAR H. City Clerk Requests That The Mayor Make An Appointment To The Beautification Of Winter Springs Board, To Fill The Vacancy As A Result Of The Recent Resignation Of Board Member Marilyn Dickinson. Mayor Partyka stated that he would have this for the January 8th, 2001 Meeting. REGULAR I. City Manager Requests That The City Commission Evaluate The Recent Two Month Trial Period In Which The "Reports" Portion Of Regular Meetings Was Moved. With discussion, the Commission agreed to have the "Reports" portion of the meeting, returned to the "end of the Meeting." REGULAR J. City Clerk Requests That The City Commission Consider Authorization Of A Supplemental Appropriation Of $9,125.29 To Cover The Costs Associated With The Recent Recodification Of The City Of Winter Springs' Code Of Ordinances. "I MOVE THAT THE COMMISSION APPROVE A SUPPLEMENTAL APPROPRIATION OF $9,125.29 TO COVER THE COSTS ASSOCIATED WITH THE RECENT RECODIFICATION OF THE CITY OF WINTER SPRINGS' CODE OF ORDINANCES." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. . - - . . <--.". .4__ ..~__._._____H..".~___.____________.._._._____.~~_ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2000 PAGE 19 OF 20 VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ADD-ON REGULAR K. City Clerk Requesting That The City Commission Of The City Of Winter Springs Consider Resolution Number 2000-38 Which Sets Forth A Suggested Format And Style For All City Commission Meeting Minutes And Advisory Board And Committee Meeting Minutes. (This Agenda Item Is The Same Agenda Item That Was Identified On The November 27, 2000 And December 4, 2000 City Commission Meeting Agendas As Regular Agenda Item "H" - But Was Postponed Until This Meeting. This Agenda Item Will Not Be Discussed On This Agenda, But Will Be Placed On The January 8, 2001 Regular Meeting Agenda Item) No action needed or taken at this Meeting. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS PREVIOUSLY LISTED ON THIS AGENDA AS CONSENT AGENDA ITEM "F," HOWEVER, THE COMMISSION VOTED IT ONTO THE REGULAR AGENDA. THIS AGENDA ITEM IS NOW NOTED AS REGULAR AGENDA ITEM "L." .:. .:. Finance Department Requests The City Commission Approve A Budget Amendment To Reflect The 2000 Water And Sewer Bond Issue And The Establishment Of A Separate Arbor Special Revenue Fund. Brief discussion. "MOTION TO APPROVE RESOLUTION 2000-40 INCORPORATING BUDGET AMENDMENTS AND COMMISSION CONSENT ITEM 'F.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER II, 2000 PAGE 20 OF 20 Discussion ensued on funding. Ms. Ethel Beecher, Chairperson of the Beautification of Winter Springs Advisory Board: spoke to the Commission about upcoming projects. Deputy Mayor Gennell stated, "Between the B.O.W.S. Board and Public Works, are they going to revisit some of those traffic calming areas that are so raggedy looking? Right?" Mr. Lockcuff answered, "Yes." Deputy Mayor Gennell added, "Thank you." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. VIII. ADJOURNMENT Members of the Commission wished everyone Happy Holidays. "MOVE TO ADJOURN." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the meeting at 9:59 p.m. . , I NOTE:',Tlii~ Minutes were.approved at; the January 8, 2001 City Commission Meeting. 'I. . ., " J,. "'. " '. ' ", '...', ATrACHMENT"A" ORDINANCE NO. 2000-44 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, EXTENDING THI;: TI~RM OF THE NATURAL GAS FRANCHISE GRANTED BY ORDINANCE NO_ 54 UNTIL JULY I, 20Ot; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. \VB EREAS, the current natural gas fj-anchisc ordinance, granted on December 21, 1970, wi II expire on December 31, 2000; and WHEREAS, the City Commission will not hold another meeting until after the term of Ordinance No. 54 expires, therefore, an emergency exists requiring immediate and timely action to extend the franchise to allow negotiations as stated herein; and WHEREAS, City staff is currently negotiating a new natural gas franchise with Florida Public Utilities Company and desires additional time to complete the negotiations and prepare a ne\v franchise ordinance for the City Commission's consideration and adoption; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hercby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs to extend the franchise term provided in Ordinance No. 54 for a period of time set forth herein in order to allow City staff additional time to complete negotiations on a new franchise with Florida Public Utilities Company. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Fr"anchise Term Extended. The natural gas franchise term set fOl1h in Ordinance No. 54 is hereby extended one hundrcd eighty (180) days and said term shall now expire on July 1,200 I. All other terms and conditions contained in Ordinance No. 54 shall be unchanged by this Ordinance and shall remain in full force and eflect. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, arc hereby repealed to the extent of the conflict. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competcntjurisdiction, whether lar substantive, procedural, or any other reason, such portion shall Cily of Winter Springs Ordinance No_ 2000-44 Page I () I" 2 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the II'" day of Deeember 2000. Q PAULPAR~~~ Mayor t. TTEST: If) ( "--/ANDREA.LOR City Crerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney Effective Date: December 11,2000. Accepted by Franchisee (Florida Public Utilities Company): Print name/title: F:\DOCS\Ciry of Winter Springs\Ordinances. 2000\Ordinance - 2000-44\2000-44.kj City of Winter Springs Ordinance No. 2000-44 Page 2 of 2