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HomeMy WebLinkAbout2001 02 12 Consent D Approval of the January 22, 2001 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM D Consent X Informational Public Hearings Regular February 12, 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT D. Office Of The City Clerk Approval Of The January 22,2001 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JANUARY 22, 2001 I. CALL TO ORDER The Regular Meeting of January 22,2001 of the City Commission was called to order by Mayor Paul P. 'Partyka at 6:31 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, arrived at 6:35 p.m. Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, (see below) City Attorney Anthony A. Garganese, present Mayor Partyka stated, "Let the record show that Ron McLemore is here." A moment of silence was followed by the Pledge of Allegiance. Presentations There were no Presentations at this Meeting; however, Mayor Partyka stated that at the next Regular City Commission Meeting, "We will honor all the all-county athletes, at the Winter Springs High School." Mayor Partyka advised those in attendance that Ms. Jan Palladino, (the City Manager's Secretary) had suggested that something special be done in recognition of former City Clerk, Ms. Mary Norton, who recently passed away. Ms. Palladino's suggestion was to possibly name a City street after her. Mayor Partyka suggested that the Commission consider this. Deputy Mayor David W McLeod arrived at 6:35 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22. 2001 PAGE 2 OF 20 II. PUBLI C INPUT Mr. Carl Stephens, 700 Fisher Road, Winter Springs, Florida: suggested that something special be done for Mary Norton, in her memory. He suggested a beautification island with her name on a plaque. Ms. Dart Helgeson, 992 Turkey Hol/ow Circle, Winter Springs, Florida: spoke of the City's Arbor Ordinance, and the benefits of this Ordinance; the many merits of trees in a community; arbor fees in other communities; and stated that "The Arbor Ordinance was put in place to safeguard our city forest." Ms. Helgeson suggested that a Workshop be held to consider "hardship case scenarios." Mayor Partyka suggested that Ms. Helgeson come up with some of her own suggestions, rather than having a Workshop held. Further discussion on the Arbor Ordinance. Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: stated that he was making a statement on behalf of the "People for Good Government," and asked that his comments be entered into the record. Mr. Lein spoke of the Tuscawilla Beautification District, and the related Supreme Court ruling in favor of the City. In his statement, Mr. Lein stated, "Since the City has already collected up to a million, or over a million dollar in assessments, why would it still need a $2.3 million dollar bond for capital improvements? In addition, since you'll be paying for the maintenance of Tuscawilla, why should anyone pay an additional twenty-five dollars ($25.00) in dues, for the T.H.O.A.?" Commissioner Michael S. Blake asked Mr. Lein, "My only question is about the million dollars that you say has been collected?" Mr. Lein replied, "This figure was given to a resident of Tuscawilla by your, I believe, by your Accounting Department, when it split- when it was asked how the money was deposited, it was split - some with interest, some without interest. This was the figure that was given to me, I have no direct information from the Department here, but I got it from the resident ofTuscawilla." Commissioner Blake then stated, "Ron, do you happen to know what the balance of that account is?" Mr. Ronald W. McLemore, City Manager replied, "Approximately, but I can tell you it is nothing like one million dollars. I think within the Capital Fund it is around - Louise, do you remember - it's about three hundred thousand?" Ms Louise Frangoul, Finance Director stated, "It's a little under three hundred thousand in the Capital, and about three hundred thousand or so, in the Maintenance." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 3 OF 20 Manager McLemore added, "It's about three hundred thousand in the Capital Fund, and about three hundred thousand in the Maintenance Fund, that was collected from the first year's assessments; and of course understand, that the money that is in the Capital Fund, will be deducted from the entire budget, that we would have to raise from the Bond Issue, as I thought everyone understood." Commissioner Blake then stated, "And that Capital Fund also represents various prepayments of the entire capital portion - of many of the people in the Assessment areas, so those would be non-recurring funds coming in, I believe the total generation on an annual basis is somewhere around four hundred .md fifty thousand dollars, actually somewhat less than that; about four hundred and twenty thousand dollars." Manager McLemore added, "Somewhere in that range, yes." Commissioner Blake then said, "So, I just wanted to point out that if we want to stick with the facts, that there aren't funds sitting someplace, of a million dollars, and then you shouldn't mislead people that this year it will be another million dollars coming in, and then there would be two million dollars, and why do you need a Bond Issue for two and a half million dollars." Mr. Lein stated, "The question right here, if you are correct on the figures, which you probably are, and it will be amended; but, there's still some thought that should be given to the situation where that money is in, and had been spent, if something could be adjusted. If there is a way of doing it in the budget to stop or lower the amount of Bond Issues required." Manager McLemore explained, "Well, it's not only that, it's we are required to do it by law. We don't have any choice. That money - the prepayments to those funds that were collected for Capital Improvements, have to be spent for Capital Improvements." Mr. Lein then asked, "You are required to by law, for a $2.3 million?..." Manager McLemore answered by explaining, "Ordinances and Resolutions adopted by this City say that those prepayments have to be used for the program of improvements and which means that if we need two million dollars to complete for the whole project, those prepayments then have to be netted out of that two million dollars, therefore, we would only need $1.7 million dollars in bonds." Manager McLemore added, "So, whatever we have in cash collected for capital improvements through those prepayments, has to be deducted from a total amount of the budget, for your ongoing assessments. " Manager McLemore made a final comment on this matter and stated, "If I could, we need to clarify that the litigation costs is not a burden of the general property owners of this City. It's a burden of the taxpayers within the district, unfortunately." Mayor Partyka stated, "That's correct." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 4 OF 20 III. CONSENT CONSENT A. Community Development Department -Land Jl)evelopment Division Requesting Commission Approval For The Acceptance Of The Improvements (Water And Sewer System) Located In Parkstone Unit 2 For City Ownership And Maintenance CONSENT 8. Finance Department City Manager Requesting The Commission To Authorize The City Manager To Enter Into A Contract With A C.P.A. Firm To Perform The FY 2000 And Subsequent Year Audit. (This Agenda Item will be available Friday.) Brief discussion. CONSENT C. City Clerk Approval Of The Minutes Of The January 8, 2001 Attorney-Client City Commission Meeting. CONSENT D. City Clerk Approval Of The Minutes Of The January 8, 2001 Regular City Commission Meeting. Commissioner Edward Martinez, Jr. spoke about the discussion documented in the minutes of comments made between Mr. Eduard Darona and members of the Commission. Commissioner Martinez stated, "Well, Mr. Darona sat there and during - some of his statements he made allegations or threats that his attorney was going to look into the possibility of suing the people responsible for checking his background, and that part was left out of here, and I would like to see it included." This was agreed to by the Commission. Commissioner Martinez further stated that on page fourteen (14) of twenty-five (25), "It had to do with the Code of Ordinances related to flood damage prevention; Item C, discussion, where it starts with my name, and ends - and the reason why I asked then, and I am going to say it again for the record, 'that this be postponed before we even took it to a vote.' I said - that I asked that it be postponed because I would have liked to have Commissioner Robert S. Miller who was absent, participate in the debate, and that part CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 5 OF 20 was left out." Revising the minutes to include this, was also agreed to by the Commission. Mayor Partyka stated, "I'm looking for a Motion to approve the Consent Agenda?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. THE CITY CLERK CORRECTIONS?" CORRECTIONS, YES." ASKED, MAYOR "THAT WOULD BE PARTYKi\ STATED, WITH "WITH THE THE VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Blake introduced Mr. Elden G. McDirmit, C.P.A., and Ms. Kelly D. Leary, C.P.A. of McDirmit, Davis, Puckett & Company, P.A. (the City's new Auditors) to the Commission. IV. INFORMATIONAL None. V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2001- 01 That Would Annex A 0.72 Acre Parcel. Mayor Partyka stated, "Again, prior to this, and I've stated this already for the record, I happen to represent the potential buyer for this property. So, I've said that before, and note it for the records." Mr. Tom Grimms, Comprehensive Planning Coordinator, Community Development Department introduced this to the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 6 OF 20 Mr. Anthony A. Garganese, City Attorney read the Ordinance by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2001- 03 That Would Annex An Approximately 6.5 Acre Parcel. Mr. Grimms also addressed the Commission on this Agenda Item, and stated "This is continuing to whittle down an enclave along State Route 417, and we are desirous of getting all that enclave into the City." Attorney Garganese read Ordinance 2001-03 by "Title" only. Commissioner Cindy Gennell and Commissioner Blake inquired about the location of this property. Commissioner Blake further stated, "I don't believe that this parcel is actually in what is legally considered an enclave, so I don't know that we should use that terminology, when we discuss - annexation." Mr. Grimms agreed and stated, "Okay, good point." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22. 2001 PAGE 7 OF 20 "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE 2001-03, ANNEXATION OF APPROXIMATELY SIX AND A HALF ACRES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Discussion ensued on what the buildings on this parcel consisted of, and where the actual property was located." VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department Requests That The Commission Conduct A Public Hearing For A Second Reading And Consideration Of Ordinance 2001-04 That Will Amend Chapter 8 Of The Code Of Ordinances Related To Flood Damage Prevention And Section 9-241 Related To Stormwater Management. Mr. Charles Carrington, Director, Community Development Department briefly addressed the Commission. Attorney Garganese read Ordinance 2001-04 by "Title" only. 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 MOVE TO APPROVE IT." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 8 OF 20 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department - Code Enforcement Division Requests The City Commission Holds A Second Reading Of Ordinance 2001-06 That Amends The Code Dealing With Parking In Residential Areas. Ms. Jimette Cook, Manager, Code Enforcement Division briefly addressed this Agenda Item. Attorney Garganese read the Ordinance by "Title" only. 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 MOVE TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 9 OF 20 VI. REGULAR REGULAR A. Public Works Department City Manager Requests The City Commission Make A Final Determination On The Use Of Brick Pavers Or Stamped Asphalt At Th(~ Intersection Of Tuskawilla Road And Winter Springs Boulevard With Accurate Costs Now Available. Manager McLemore spoke first and stated, "We have talked with the representatives of the Assessment District and they are in support of stamped asphalt, rather than brick pavers, and so we are recommending that to you, as the least costly and the method of choice, by representatives of your taxing district." Commissioner Blake stated, "We had a discussion last meeting about concrete and we were to receive some information back there; if not numbers, at least some idea of whether or not it was more cost effective to go with concrete, than it was with stamped asphalt." Manager McLemore explained that Mr. Kip Lockcuff, P.E., Public Works/ Utility Department Director was not present to answer questions. Manager McLemore then brought up noise and cost issues. Manager McLemore further stated, "It may be more durable, but there are other issues. There are noise issues involved and I think that was all discussed with your representatives of your various districts, but I can check that." Commissioner Blake then asked, "What is your recommendation?" Manager McLemore replied, "My recommendation would be for you to authorize the stamped asphalt. We'll do some work and if we think we need to bring it - back to you, if there is something that we don't know, or - that has not been discussed, and if it is something we feel like it needs to be br0ught back, then we would." "I MAKE A MOTION THAT WE APPROVE REGULAR AGENDA ITEM 'A' FOR THE STAMPED ASPHALT, AT THE $76,878.99, AS OUTLINED IN OUR PACKET." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22,2001 PAGE 10 OF 20 REGULAR B. City Manager City Manager Reminds 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. The Mayor And The Commission Are Directed, By Charter, To Name Their Appointments To The Districting Commission By February 1, 2001 Commissioner Blake mentioned that "It should be pointed out to everybody - I asked this question before, that your nominee must reside in your District." COMMISSIONER MILLER STATED, "I AM PLEASED TO NOMINATE WILLIAM POE." (IT WAS NOTED THAT MR. POE RESIDES ON MARLIN ROAD). MOTION. SECOND. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE Tape I/Side B COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka stated, "Mr. Poe is approved." COMMISSIONER BLAKE STATED, "I WOUJLD LIKE TO NOMINATE JIM MATHEWS." MOTION. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. COMMISSIONER MARTINEZ STATED, "I WILL NOMINATE MR. BYRON GILTZ." "MOTION TO APPROVE BYRON GILTZ." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. l CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22,2001 PAGE 11 OF 20 VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "Mr. Giltz is approved." COMMISSIONER GENNELL STATED, "I NOMINATE VERN ROZELLE." (IT WAS NOTED THAT MR. ROZELLE RESIDES ON REDWOOD DRIVE). "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. DEPUTY MAYOR McLEOD STATED, "I WOULD LIKE TO NOMINATE LEE FERGUSON." MOTION. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. AS MR. FERGUSON HAD RECENTLY MOVED, THERE WAS BRIEF DISCUSSION ON ADDRESSES WITHIN HIS DISTRICT. DEPUTY MAYOR McLEOD ASKED THE CITY CLERK TO CHECK ON THIS. [NOTE: The City Clerk verified that Mr. Ferguson's Residence was in District Five (5). This information was relayed to Deputy Mayor McLeod during this meeting.] , VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 12 OF 20 MAYOR PARTYKA STATED, "I HAVE TWO (2) APPOINTMENTS. APPOINTMENT ONE (1) IS A GENTLEMAN BY THE NAME OF CHARLES SORKIN; CHARLES LIVES IN WINDING HOLLOW." "MOTION TO APPROVE CHARLES SORKIN." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. MAYOR PARTYKA THEN STATED, "THE NEXT ONE IS JIM McSHAE." MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Further discussion ensued on the size of the Districting Commission. Members of the Commission commented on the size of the Commission and the related Districts as it stands currently, and in the future. Commissioner Blake stated, "My feeling is that we go ahead and just have a regular three (3) year - with the five (5) seats, and that should there be a Charter that is adopted with an additional District or fewer Districts or whatever may come of that; then I'm certain that within that would be a provision to have a new Charter Review Committee that would take up that issue, if it should exist." Deputy Mayor McLeod added, "I think our business at hand is under the Charter upon which we are under, and I think we should then also proceed with the five (5) and two (2) and let it be at that, and that will fulfill our obligation to the Charter." The Commission was polled and all agreed with the above comments. Mayor Partyka stated, "It stays the same way that it is." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 13 OF 20 C. Community Development Department - Code Enforcement Requests The City Commission Review Information Related To Grand Opening Signs. Ms. Cook addressed the Commission. Discussion ensued. Commissioner Blake stated, "I would certainly support having Staff come back to us with a draft that would expand the prohibition on trailer signs to the remainder of the City that is currently not covered." Commissioner Gennell asked, "How do we propose for certain events to be promoted, at the school, or when the Town Center is done, that are not right on the main road." Brief discussion. "I WILL GO AHEAD AND MAKE A MOTION TO DIRECT STAFF TO BRING TO US, AN APPROVED ORDINANCE WHICH WOULD REQUIRE THE PROHIBITION OF TRAILER SIGNS THROUGHOUT THE CITY, NOT JUST ON THE 434 CORRIDOR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. ADD-ON D. City Manager City Manager Requesting To Establish A Workshop Date On The City Charter. Manager McLemore addressed the Commission and stated that regarding the budget for this project, that "As of today, in total you have spent approximately just under fourteen thousand dollars. I don't expect this budget to go over much more than that." With discussion by the Commission, it was decided that the first meeting ( a Workshop) would be held on the 21 S\ beginning at 6:00 p.m. If a second meeting would be needed, it would be held on the 22nd. With further discussion, the Commission agreed to begin the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 200 I PAGE 14 OF 20 Workshop on Wednesday, February the 21 SI at 4:00 p.m., and that the February 22nd date would "be tentative." Prior to a break, the Commission and Staff presented a Birthday Cake to Mayor Partyka. Mayor Partyka called a break at 8:53 porn, The meeting was called back to order at approximately 9:05 p.m. Mayor Partyka stated, "Let the record show that all Commissioners are here." Mayor Partyka thanked the Commissioners for the cake. VII. REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese reported that regarding the Tuscawilla Lighting and Beautification District case - "The Florida Supreme Court found in the City's favor, and found that the Special Assessment did confer a special benefit on the property owners in Tuscawilla; that the Special Assessment also was not arbitrary, and that the Supreme Court found that the Special Assessment was thoughtfully selected to assure equitable treatment to every landowner in the district." Attorney Garganese further advised the Commission that, "I will keep you apprised as procedurally this case winds down." Regarding the City of Oviedo and Seminole County case against the City of Winter Springs, Attorney Garganese stated that this "Case has formally been abated by the Circuit Court for 180 days while all the parties go through mandatory settlement proeedures. " B. City Manager - Ronald W. McLemore Manager McLemore stated that at the next City Commission meeting, Staff will be offering the Commission some recommendations on "The funding of the improvements for the Tuscawilla Beautification District, and on the refinancing of some prior Bond Issues." Prior to the next City Commission meeting, Staffwill be meeting with the City's Financial Advisor, and Manager McLemore stated that members of the Commission are welcome to attend these meetings. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22. 2001 PAGE 15 OF 20 Manager McLemore advised the Commission that the first meeting regarding the Respite Center was held today, and that it went well. Manager McLemore stated that he is considering taking a trip to Savannah, to tour the (closest) Respite Center, and to meet with law enforcement officials. Manager McLemore stated that he had spoken with Mr. Kevin Grace, County Manager for Seminole County, "On the settlement process on annexation. Kevin has talked with the City Manager of Oviedo, and they are in agreement with you, that Howard Tipton be a facilitator for our meeting." Prior to that meeting, Manager McLemore said he would like to hold a "Closed Door Session" regarding this matter. With consensus of the Commission, it was agreed that an "Executive Session" would be held on Thursday, February 1 st, beginning at 6:30 p.m. Manager McLemore also mentioned that at the recent Mayors and Managers meeting, matters dealing with the Sales Tax Referendum for this faU were discussed. Manager McLemore added, "We did meet with the County this week to look at our list further. We're revising that list and we will bring that list to you at your next Commission Meeting for review." Commissioner Blake asked Manager McLemore, "Ron, you said that there was a date when the FA was going to' !De; here." Manager McLemore Fesponded, "We haven't set it yet, but we'll work with you on that." C. City Clerk - Andrea Lorenzo-Luaces The City Clerk informed the Commission of the newly improved "Employee Recognition Program," and passed along sample brochures for the Commission's review. Tape 2/Side A D. Commission Seat I - Robert S. Miller Commissioner Miller asked about the status of the Texaco gas station, and asked for a report from the City Manager, at the next City Commission meeting. Attorney Garganese stated that he has looked at this situation with the Code Enforcement Department, and is looking at some ways to improve this property. Attorney Garganese spoke of a related litigation issue and stated that "Within a month, I should be able to have a pretty firm recommendation to bring to the City Manager, and the Commission." Commissioner Miller inquired, "Can you make it three (3) weeks, that way we do it at the next Commission meeting? Well, give us some input at the next meeting." Attorney CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 16 OF 20 Garganese said, "I'll give you a status at the next meeting, and perhaps I may even have the recommendation at the next meeting." Commissioner Miller advised Manager McLemore that he was interested in the visit to the Respite Center in Savannah, and asked that he be kept apprised of what the plans are. E. Commission Seat II - Michael S. Blake Commissioner Blake asked about the City's Website and suggested "That we would continue to make that a priority, in trying to get more and more information on to it." Commissioner Blake added, "E see that we have some Agendas and Minutes and the Code Book and all those things on there, and that's great! I'd like to see the Agendas with the packets, all the information, prior to the meeting, much as the School Board, much as the County does, as well as other cities." Commissioner Blake added, "I don't think that is as big a job as we need to make it, if would start doing all of our Agendas on the server,' and then having it automatically available and uploaded on - or with access, onto the Website." Commissioner Blake then stated, "I would also like to see a link on there that would allow citizens as they go through there, to enter their comments on anything that they might have, through email, and then put it on either a bulletin board, or something like that." Commissioner Blake also mentioned his concern with such measures being "Reserved strictly for City business." Commissioner Blake inquired about the status of the City Clerk's anniversary date/review process, and asked "What measures could be put in place for the City Clerk, the City Manager, and the City Attorney?" Manager McLemore suggested that "The Commission could be notified perhaps thirty (30) days in advance." Manager McLemore then asked how the Commission would like this matter handled. Commissioner Blake stated, "My opinion would be that I would like to receive an information packet, "On a timely basis, I think thirty (30) days before is good." Commissioner Blake agreed that this would apply to the City Clerk, the City Manager, and the City Attorney. Commissioner Blake suggested that "In that packet would be a review of activities over the past year from your standpoint, and also information from a salary study that we have done, on a regular basis. The salary study portion probably would not apply to the Attorney's position." Commissioner Blake continued and said, "I would like to see, as soon as the next meeting, if possible, that information, and let's try to implement something where we can get back on track and do things the right way." Manager McLemore inquired, "Again, I need to understand what role you want me to play with the Clerk. I can certainly do an evaluation from how we interact with each other." Commissioner Blake stated, "My response to that is I would like you to bring us the information which would be your evaluation of the activities that have occurred over CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 17 OF 20 the past year, as well as some information on a salary study, what is going on out in the marketplace, and I would certainly think that you could - throw in there, your recommendation of a suggested action as well. The decision remains ultimately with the Commission. " Mayor Partyka added, "I agree with Commissioner Blake. As I've said in the past, we need to regularly evaluate the three (3) key positions. And I've talked to Mr. Garganese in terms of how do we perform this evaluation. What I suggested to Mr. Garganese, that he in effect develop some criteria that the Commissioners here, myself, and the City Manager can actually use, as a basis of some kind of evaluation. So, he was going to do something along those lines." F. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez commented that he would like the City Manager "To state on the record that he will provide me with copies of any application for projects of development in the City of Winter Springs, immediately after they are filed." Manager McLemore replied, "It is my understanding that we are doing that, Sir." Brief discussion. Manager McLemore clarified for informational purposes, "There has been no application on the restaurant, because it didn't require an application. So, the only application for the restaurant that we are going to have, is going to be an. application for a building permit." Commissioner Martinez then read a personal statement, into the record. (See Attachment "A.") During the reading of this statement, Mayor Partyka stated that Commissioner Martinez was "Out of Order." The Commission was asked for their consensus as to whether Commissioner Martinez should continue. The consensus was that Commissioner Martinez could continue. Further discussion. Mayor Partyka then commented on some of the statements that Commissioner Martinez stated. As Commissioner Martinez wished to respond to the statements made by Mayor Partyka, Mayor Partyka asked the Commission for their consensus as to whether Commissioner Martinez should be able to continue. The consensus was taken by Mayor Partyka, who found it to be a "3-2" decision, and that Commissioner Martinez should not continue. Commissioner Blake stated, "You didn't count correctly Mayor, for the record." The count was further discussed. Commissioner Miller stated, "Point of Order. Commissioner Martinez had the floor. If you, as the Chairman wanted to end the discussion on that point, you should have abided by that decision, but you didn't. You answered his question." Commissioner Miller further stated, "You should have done that under your seat, in my opinion, and then - Commissioner Martinez should have been allowed to finish, and you answer your response under your seat." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE180F20 The consensus of the Commission was further discussed. It was agreed to be "5-0." Commissioner Martinez continued with his comments. Commissioner Martinez then asked Attorney Garganese about "His contacting the Commission on Ethics and bringing us back a decision on the propriety of the Mayor's activities related to what Commissioner Blake stated, 'was that he was sending literature with his - Mayor's business card' - and we have never had an answer." Attorney Garganese responded, "That answer is still pending and it pertains to any City Commissioner's ability to use their business card in mailing. I'll bring you an answer as soon as I receive one." G. Commission Seat IV - Cindy Gennell Commissioner Gennell presented a sketch of a proposed park to be located off of Spring Avenue. The conceptual drawing "Illustrates the site as a passive recreational park for low intensive activities." Commissioner Gennell further explained some of planned amenities proposed for this park. Commissioner Gennell spoke about the Respite Center and inquired "Is this in the process of reaching any kind of a Development Agreement, on that property?" Manager McLemore replied, "Yes." Commissioner Gennell further asked, "Is there an opportunity to put any kind of a provision in there preventing - it from ultimately falling back into a use as an out-and-out homeless shelter?" Manager McLemore added, "I know we can probably tie these people into an Agreement. I don't know whether we can tie the property into an Agreement." Attorney Garganese added, "We can certainly look at that particular issue. It may be a matter of a zoning regulations. And, we just have to be very careful with that particular issue about flatly prohibiting any type of use, not just a homeless shelter, a specific use. I think we should be looking at it from a comprehensive standpoint. So, we would have to take a look at it, and take your issue under advisement, at this time." Commissioner Gennell added, "I would appreciate that." Commissioner Gennell then stated, "I also would like to see the issue of the City Clerk's evaluation, or the results of an evaluation, or something on the next agenda." Do you think it could be done on the next Agenda?" Commissioner Gennell then added, "All right, for the next Agenda." Regarding the Arbor Ordinance, Commissioner Gennell inquired, "Are we going to ask the B.O.W.S. Board to make a recommendation back to us, about situations of tree removal, and replacements." Commissioner Gennell added, "I think we should present it to them, and let them give us some recommendation, along with - Staffs." Regarding "hardship cases," Commissioner Gennell stated, "I think a provision for a financial CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGEl90F20 hardship should be in there, if that is the case. And, I don't think they should necessarily be made to come in front of the Commission, if they have a financial hardship." Commissioner Gennell agreed with the earlier suggestions to honor former City Clerk, Mary Norton, and suggested that Sunshine Park be renamed in her honor." H. Commission Seat V - David W. McLeod Deputy Mayor McLeod asked about animal control, and stated that we have some problems with control. Deputy Mayor McLeod further spoke about "shelters" and rules. Deputy Mayor McLeod stated, "That even though we are supposedly following a lot of Seminole County's, which is supposed to have been much stricter that what we had, I would again, Ron, ask you to have Code Enforcement bring that issue back to us." Deputy Mayor McLeod further said, "I will be more than happy to supply you with the names of the party, and I think that needs to be back here in front of this Commission. It was never the intent of this Commission to allow that kind of use - of housing of animals within the City." Commissioner Miller also asked that this matter be brought back, and he spoke of the previous Ordinance. Tape 2/Side B Commissioner Blake also spoke on this issue, and commented on the need for enforcement, and said to Manager McLemore, "If you find some flaw that does not allow the law to be enforced as it is currently written, then I think it is your job to bring it back to the attention of this Commission, with some recommended changes." Manager McLemore replied, "So I think maybe, that's what we will be looking at, 'is can we really enforce with some degree of efficiency, the rules that we've got;' and yes, we'll be happy to look at this." Deputy Mayor McLeod further spoke of this issue and stated, "I think our Staff needs to come back to us and explain why they feel that it is no longer their problem, if that's where we are at." Deputy Mayor McLeod asked that this be discussed at our next meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2001 PAGE 20 OF 20 I. Office Of The Mayor - Paul P. Partyka Mayor Partyka spoke about Talmo Street, and asked if there was a possibility that "The apartments would be a good neighbor and maybe do something to protect those people," beyond the berms that have been added. Mayor Partyka then stated, "Those people want to annex into the City, and they are willing to come in." VIII. ADJOURNMENT "MOTION TO ADJOURN." SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka adjourned the meeting at 9: 13 p.m. RESPECTFULLY SUBMITTED: fI,/XTDt"'J711 T).. rp. .J. ..i'-"", '~-J~' . I., , .\",. -", , "",.,'~" 4 11"" 1\' " . tJ{/~ ~ I. o ... ~ '.' 'PAUL P. PA...~T "J . ',\ MA'irOR' ' NOTE: These minutes were approved at the February 12,2001 City Commission Meeting. A IT ACHMENT "A" January 22, 200 I OUR CITY~ A SPLENDOR IN CENTRAL SEMINOLE COUNTY I'll start by passing on good news: The present score is the good guys two, Michael Jones & Paul P. Partyka and Michael Jones & Lein & Lenzini - 0 and I am not attempting to be facetious. For some time now we have endured the personal insults, the published half truths, the false and injurious statements read into the record during public input by a group of obstructionists whose only apparent purpose is to derail and delay the efforts of this commission to fulfill the goals set for our great city. In their rhetoric they charge that we are spending huge amounts of money (false and unsupported) irresponsibly, This includes monies spent in defending the City Charter and the right of citizens to set up an assessment district. The Mayor who has aided and abetted the efforts of this group of people indirectly, vetoed the 99 budget because of excessive legal expenses while not being politically correct for it was his actions that precipitated the right of this commission to defend itself and the City Charter. The Mayor vetoed the Commercial Parking ordinance after working with the Commission for six months and ultimately approving the final draft without objection. The Mayor in order to make a profitable commission as a realtor whose license was only activated during the late stages of the Town Center codification and agreement sold land to a non for profit organization (SOlc3) in order for them to install a respite center in our city after being denied a permit in Sanford. This transaction sailed through without the slightest hint to the Commission that a city official was involved. The Mayor never voted for or against the beautification assessment district and if one listens carefully to each and every tape recorded and dealing with that subject one will learn that there is subtle support for the People for Good Government and their representatives who filed the infamous law suit against the bond issue; necessary to proceed with the project. The Mayor in his smooth and subtle ways supported the Pizza parlor to be opened on Winter Springs Boulevard; Tuskawilla's center piece, by bringing in his campaign manager and his other supporter to speak in support of the application while in a sort of way performing theatrics while chiding the commission. Our Mayor then proceeds to call on the applicant to make a presentation. Usual procedure. However and instead of proceeding as usual, the applicant is asked leading questions by the Mayor in order to reinforce the position of the applicant and further allows and permits the applicant to make threats against person/s that could be performing background checks in order to learn if the subject is suitable to do business in our community. The Mayor also permitted one of his friends to scald yours truly over a remark made to a City employee. ' c. Yet, he readily and without hesitation for the third time in the span of one year, interrupted yours truly when I legitimately was attempting to speak against the restaurant and needed to speak about the respite center in order to connect and make sense of my statement. This is not a political year and there are not any elections pending or seats up for grabs. I am not making this statement for political reasons. However, we are supposed to be a team and none of us should be using a group of non- conformists to harass and obstruct this public body from performing at above expected level and to achieve the goals approved by the citizens. A perfect example is the current effort by the People for Bad Government to override the official duties of the Commission and pursue a referendum consisting of 13 amendments to the City Charter, most of which are pretentious and ill conceived. This is being done for the only purpose of satisfYing our Mayor quest for power not presently granted by the City Charter. The Mayor wants to have a vote; totally unnecessary, veto power, which he already has, and to change our system of government from Manager-Commission strong to Mayor-strong. When he voluntarily ran for election to the position he now enjoys, he was perfectly aware of the powers vested in him, When he was a Commissioner back in 1990-93 he never, ever suggested the then Mayor be given the powers he now wants, nor suggested the Charter be revised then to achieve such a notion. During this period he also participated in the approval of the ordinance and the Agreement that permitted parcel 61 to now be developed as a restaurant and never argued for a variance. The bottom line is that once again, and as I did right after my reelection victory am asking our Mayor to put aside personal differences, to stop lending what the group of obstructionists take as support and to work with this commission for the health, safety and welfare of this; our city. Ed Martinez, Commissioner -= Seat #3