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HomeMy WebLinkAbout2001 11 12 Consent Q Approval of October 29, 2001 City Commission Special Meeting Minutes COMMISSION AGENDA ITEM Q Consent X Informational Public Hearings Regular November 12.2001 Regular Meeting Mgr. / Dept. Authorization CONSENT Q. Office Of The City Clerk Requesting Approval Of The October 29, 2001 City Commission Special Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 29,2001 I. CALL TO ORDER The Special Meeting of Monday, October 29,2001 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: M.:yor Paul P. Partyka, present Depu~y Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:39 p.m. Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:31 p.m. A moment of silence was followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese arrived at 6:31 p.m. .:..:. AGENDA NOTE: THE COMMISSION HEARD FROM THE FOLLOWING INDIVIDUAL PRIOR TO BEGINNING THE AGENDA. .:..:. _~r. },,!ervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke about the Dyson Drive entrance and asked that the City move forward with the Dyson Drive Referendum. Discussion ensued on bringing an Ordinance(s) regarding this issue back to the City Commission. City Manager Ronald W. McLemore explained in regards to the Dyson Drive area, to prevent extra costs being incurred by the contractor "We need to think in terms of having a Referendum around the first of February. We need to get the Ordinances back and re- do those again." Manager McLemore added, "You need to tell me or direct me to bring the Ordinances back to you setting the - Referendum. And we have talked with the Supervisor of Elections, she is on board; we know what her needs are. It will be a Special Election, and it will not cost a lot of money, because you are only dealing with II 0 parcels." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,200] PAGE 2 OF 19 '"( THINK IT BEHOOVES US TO ASK THE CITY MANAGER TO BRING THOSE ORDINANCES BACK SO WE CAN DISCUSS THEM AND VOTE ON THEM AND PROCEED WITH THE REFERENDUM. I THINK THAT THIS TIME WE WILL BE ABLE TO BE SUCCESSFUL. I'LL MAKE IT A MOTION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. II. REGULAR (CONTINUED FROM THE OCTOBER 22, 2001 MEETING) REGULAR A. Finance Department Requesting The City Commission Adopt Resolution 2001-39 Establishing A "Potable Water Unexplained Excessive Use Policy." Ms. Louise Frangoul, Finance Department Director introduced this Agenda Item and Mr. Rob Ori. Mr. Rob Ori, Public Resources Management Group, Inc.: addressed the Commission on this matter. DiscussIOn followed on whether this Item should be brought back at another Meeting when more citizens could comment on the proposed Resolution. Commissioner Michael S. Blake arrived at 6:39 p.m. Commissioner Cindy Gennell stated, "I am going to suggest that if Commissioner Edward Martinez, Jr. wants to make a Motion to continue this to our next Regular Meeting, I would second that Motion." "I THINK BECAUSE OF THE GRAVITY - AND THE NATURE OF THE ISSUE THAT IS BEING DISCUSSED, I WILL MOVE IN THAT DIRECTION. I WILL MAKE A MOTION THAT IT BE POSTPONED TO A DEFINITE DATE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE30FI9 VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE AGENDA ITEM 'A,' WHICH IS THE ADOPTION OF RESOLUTION 2001-39." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING (NEW ITEMS FOR THIS AGENDA) AGENDA ITEM WAS DISCUSSED NEXT. .:..:. III. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR A. Utility Department Requesting The City Commission Set A Workshop Date To Review The Utility And Stormwater Rate Study. /vb. Rob Ori. Public Resources Management Group, Inc.: addressed the Commission on this matter. Discussion ensued on when the Report would be available. Commissioner Blake inquired, "How soon can they get it to us?" Discussion followed on a Workshop and possible dates. Commissioner Blake suggested, "Ron, don't you have two (2) or three (3) recommendations or two (2) or three (3) alternatives that you could bring to us, and then you could concisely explain to us the differences between those alternatives and then we could make an intelligent decision?" Manager McLemore responded, "I think so - yes, we could do that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 4 OF 19 Commissioner Blake then said, "My recommendation would be to get the document to us, and let's schedule it as a Regular Agenda Item, and let's try to get everybody to read it, I00k over it, understand it, and get with the Manager if they have any questions; and if we are unable to handle it at that Regular Meeting, then we can schedule a Workshop at that time," Deputy Mayor David W. McLeod said, "I would say that if it looks like we are going to spend more than an hour on it during the Regular Meeting, then we should get into a Workshop." Further discussion suggested that a Workshop be held on Monday, November 12, 2001 at 5:00 p.m. on this matter. Manager McLemore added, "Workshop it, and then keep it on the Agenda for action." The final consensus of the Commission was to hold a Workshop on this issue on Monday, November 12, 2001 at 5:00 p.m. Mayor Partyka clarified, "We'll put it on the Agenda, just in case there is any action that is needed that evening." .:.. ..:. AGENDA NOTE: THE FOLLOWING (CONTINUED FROM THE OCTOBER 22, 2001 MEETING) AGENDA ITEMS WERE DISCUSSED NEXT. .:. .:. II. REGULAR (CONTINUED FROM THE OCTOBER 22, 2001 MEETING) REGULAR F. City Manager Requesting The Commission To Review Plans And Costs Related To Magnolia Park, Streetscapes In The Town Center And Fencing Of The Town Center Retention Pond Located Behind City Hall. Mr. Terry Zaudtke, P.E., Vice President, CPH Engineers, Inc.: addressed the Commission on this Agenda Item. Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director handed out a document to the City Commission and also addressed the concerns of the City Commission. Mr. Zaudtke spoke of pricing and paving alternatives and specifically stated, "We found that current pricing on concrete pavers was much less expensive than previously had been thought." Mr. Zaudtke added, "What we are looking at on Tuskawilla Road would be to do the crosswalks up front on 434, leaving this area in the beginning here, to be able to put the signalization coils and so forth - you need the magnetic loops; and then another area of paving, and then the crosswalk here; and then making this kind of an intersection with two (2) different styles of paving; and then - what I call the 'eyebrow' here, would also be paved. And then up by the school again, we would do the - I am not showing it CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 5 OF 19 on here - but we would again do crosswalks to highlight the school entrance. And then when you get on Hickory, there are the two (2) crossing that we would highlight and then pa'{ers whcre the sidewalk crosses the roadway entrances to the area. And, likewise that would occur with anything that gets developed on the Northern side of the road." Dis<.:U3sion followed on maintenance and pricing. Commissioner Robert S. Miller said, "I would like to see us use as much brick as we can get down." Furthermore, Commissioner Miller stated, "If we cut comers now, it will always be reflected I think in the overall appearance of the Town Center." Commissioner Martinez asked Mr. Zaudtke, "Do you have a leaning towards standard asphalt with concrete pavers?" Mr. Zaudtke said, "Yes." Discussion followed on the budgeted funds for this project. Commissioner Blake then said, "On Spine Road, I wouldn't mind seeing a few crosswalk type of enhancements or things of that nature, but on Main Street I think it is key - my desire would be to totally brick Main Street and to leave Hickory Grove Park Road - as it is drawn." Discussion followed on possible costs. Deputy Mayor McLeod suggested that "If you are talking about the pavers - it's the same paver then that we would want used throughout the project, including with the developer of their projects so you have a consistency of the color of the pavers." Mr. Zaudtke agreed and said, "I believe that that would be a wise choice." Deputy Mayor McLeod then asked, "Would this be picked - between Doran and our Staff as the first bricks going through?" Manager McLemore suggested, "If you wanted to leave a portion of it asphalt, we could do a nice full brick pattern right there at the intersection of Hickory and Tuskawilla, in that entire section there." "I MAKE A MOTION THAT WE ACCEPT THE RECOMMENDATION OF THE CONSUL T ANT AND USE STANDARD ASPHALT AND CONCRETE P AVERS. I AM NOT GOING TO MENTION THE COST BECAUSE THE MANAGER MENTIONED THAT THERE IS A POSSIBILITY YOU MIGHT EXTEND AND USE MORE PAVERS THAN WHAT YOU HAVE SHOWN HERE, SO - MY MOTION ONLY DEALS WITH THE TYPE OF PAVING THAT WE ARE GOING TO USE AND THEN THE EXTENT OF IT CAN BE DECIDED BY ST AFF LATER ON, OR BY THIS COMMISSION IF IT IS BROUGHT BACK." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29.2001 PAGE 6 OF 19 Commi~sioner Miller said, "Just do it in one part and come back with some numbers at the next Meeting that would indicate what the overall cost would be." Additionally Commissioner Miller stated, "I would like to see much more use of brick on that, at least on M:tin Street." Furthennore, Commissioner Miller said, "I would like to see some consensus of the Commission to extensively use brick on Main Street, and what we would have to sacrifice on the alternate streets." Mayor Partyka started to poll the Commission. Commissioner Blake's suggestion was "All of Tuskawilla Road." Tape I/Side B Commissioner Martinez stated, "Just as it is there." Commissioner Blake added to his previous comment, "We've got to name these roads. Just as it is drawn on there, perhaps - a few other accoutrements, if it is possible." Manager McLemore advised the Commission, "Don't compromise Magnolia Park with this road, because Magnolia Park has to be magnificent! And we have a very good starting point on Magnolia Park that will be magnificent - and all I am saying is when we start thinking about the length of the road and all the other stuff, I think you need to make these decisions together, rather than separate. That's my recommendation. So, I think discussion is good tonight, but I think we need to see Magnolia Park rolled into this entire discussion before you make any final decisions." Commissioner Gennell stated, "I would agree with that and also to have actually what we have budgeted for this." Manager McLemore said, "We can bring you back some much better numbers." Regarding the poll in progress, Mayor Partyka asked Commissioner Gennell, "To what degree would you like to have - the concrete pavers in this?" Commissioner Gennell responded, "As much as possible." . As for Deputy Mayor McLeod's opinion, Deputy Mayor McLeod stated, "I would like to have you come back - with this as an alternative, that we have in front of us, but then on Main Street would be the difference to close in those open areas on Main Street with brick pavers; and that would also be to include the parking spaces." Deputy Mayor McLeod further said, "I would suggest that we look at putting that thing into the second cost, being to fill in those spots with pavers; and I guess really the third would be - if you left it out of the parking spaces, what would that cost be?" Deputy Mayor McLeod inquired about the future repair of the product and the related costs. Deputy Mayor McLeod then said, "I would like to know how it does definitely affect the budget that we have, as we go with it." Mr. Lockcuff suggested, "We are out to Bid now, and the second we have our Bid, we could issue an Addendum showing this CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 7 OF 19 with an alternative to give unit costs for brick pavers that we could bring back at the time of award - the alternatives, how that unit costs relates to parking places, the whole road and all that." Deputy Mayor McLeod added, "You could really put out Addendum one (I), two (2), and three (3). That would give you the three (3) different breakdowns of the costs - as alternatives, as each one being an Addendum to the cost and therefore when they came back, then the Commission could pick it at that point." Mr. Zaudtke said, "We need to also discuss though with DOT and the signal people how we would go about taking care of the magnetic loops here. They have been negative in the past about putting the loops in where pavers are." Deputy Mayor McLeod asked "Couldn't you put that under a concrete strip right there?" Discussion followed on potential repairs and whether a "Sleeve" could be used. Mr. Lockcuff suggested, "We could talk to Winter Park." Deputy Mayor McLeod then said, "Why don't you figure that out and come back and tell us, but I would think you could put a sleeve into the concrete as it is poured there." Deputy Mayor McLeod then suggested, "Make it a pattern, a design pattern out of concrete." Mayor Partyka stated, "I think the consensus is to do as much as possible in terms of this, especially the entire Main Street if it is possible, but there is a cost issue that we need to determine." Commissioner Gennell stated, "When you all come back to us with the figures, is it possible that we can get some drawings that we can have up here to look at, because those are not that easy to - pick up the detail on." Deputy Mayor McLeod asked Mr. Zaudtke, "Wouldn't it be just as wise for them to bring the three (3) alternatives back to us in an Addendum - put an Addendum out in the Bid. When the Bids come back, then to have what budget information we do have and be able to look at it as the Bids." Mayor Partyka asked Members of the City Commission if they were in agreement and then said, "I think this Commission agrees with that suggestion, and that is to get everything back, bring it back here." Mr. Zaudtke then said, "We thought that could be brought back as part of the Bid Award; you know, what do you want to award and that whole package which comes back to the Commission anyway; come back with the diagrams, and all the different alternates." DE.PUTY MAYOR McLEOD STATED, "I WILL BE MORE THAN HAPPY TO MAKE THAT AS A MOTION." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. MANAGER McLEMORE ASKED, "ARE WE GOING ALL THE WAY TO THE HIGH SCHOOL, OR ARE WE GOING TO SOME POINT? WHERE DOES THE BRICK STOP?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 8 or 19 DEPUTY MAYOR McLEOD SAID, "MY MOTION RON IS, SEE THE BOTTOM DRA'''ING, THERE IS MAIN STREET. THE BRICK STOPS ON THAT MAIN STREET, RIGHT WHERE WE ARE THERE, AT MAGNOLIA PARK." MR. ZAUDTKE SAID, "AND DO THE ACCENTS UP AT THE HIGH SCHOOL, WHICH ARE NOT SHOWN HERE, BUT THAT IS WHAT WE WERE PLANNING ON DOING, CROSSWALK ACCENTS AT THE SCHOOL." DEPUTY MAYOR McLEOD ADDED, "I THINK I WOULD DO THE CROSSWALK ACCENTS. I DON'T KNOW IF YOU WOULD GO ALL THE WAY TO THE SCHOOL." MAYOR PARTYKA ASKED IF THE COMMISSION UNDERSTOOD THIS AS THE MOTION. COMMISSIONER BLAKE ADDED, "I THINK WE NEED TO KNOW HOW MUCH IT IS GOING TO COST TO DO IT THE RIGHT WAY, THE WAY WE WOULD LIKE TO DO IT, ALL THE WAY UP TO THAT POINT." DEPUTY MAYOR McLEOD SAID, "COMMISSIONER BLAKE IS CORRECT, THAT IS WHAT I THOUGHT." MR. ZAUDTKE SAID, "TO THE HIGH SCHOOL AND HICKORY." VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMl\1J.SSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mr. Zaudtke then handed out a rendering of the retention pond fencing system and stated, "Generally you are looking at a requirement of a minimum height of forty-two (42) inches and you would have to have some sort of support and post systems, roughly every eight (8) feet. So, what I did was I put together a concept plan here of putting in columns every twenty-four (24) feet, and then having the secondary posts every eight (8) feet. Also, what we did was we added instead of bringing the sheet piling all the way up to the top, we ended the sheet piling top at the water level, put a concrete base there and then put keystone blocks which would have a split-face appearance and we can get a very similar color to what City Hall is now; and so there would be some kind of matching look as we went from the one to the other. The other thing that would occur is you would have ;l walkway around with landscaping around the pond for use - as part of the Trail system, meandering on both sides of the pond." Regarding the fencing, Mr. Zaudtke said, ""I would recommend aluminum that looks like wrought iron." Commissioner Blake asked, "Is that strong enough?" Mr. Zaudtke responded, "Yes. It can be designed, the ASCE 797 requires a fifty (50) pound per lineal foot load on the fence." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 9 OF 19 Deputy Mayor McLeod asked about the purpose for this and inquired as to whether this could be used as a fishing pond, and to possibly hold annual tournaments." Manager McLemJre said, "It could be done that way." "I MOVE TO APPROVE THE DESIGN AS PRESENTED FOR THE RETENTION POND WALL, BEHIND CITY HALL." MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. REGULAR G. City Manager Requesting The Commission To Adopt Resolution #2001-44 Creating The Central W~nds Park Advisory Committee To Appoint Members Thereto, And To Change The Proposed Swimming Pool Workshop From January 2002 To March 2002. Much di~cussion. Deputy Mayor McLeod said, "I think this Advisory Board would come back to this Commission and say - the number one (I) item is not soccer fields; the number one (1) item is three (3) tennis courts - by the use that we have going on in our park, it would be practice fields. But, by the general public's overall use of what they may want to be able to do in - that park could be more adult activity and not totally all tied up into the activity of kids or Leagues and I think that is the important key question to find out." Manager McLemore asked Deputy Mayor McLeod, "So you want this Committee to actually do public Workshops?" Deputy Mayor McLeod said, "With our Parks Director, yes." Deputy Mayor McLeod then said to Manager McLemore, "The Workshops need to be set up on the park overall with the general public as to what that design entails." Mayor Partyka then read from the Resolution for clarification. Commissioner Martinez stated, "Point of Order" and spoke of the current discussion. Commissioner Blake stated, "I do agree with Commissioner McLeod that part of this planning process ought to be some exercise to determine what ought to be there and what should not be there. I don't remember this Commission deciding that a football field would be there or that a swimming pool would be there, or that softball fields would be there. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE100FI9 Furthermore, Commissioner Blake said, "It is an 'Ad Hoc' Committee by the way, and it should say that in here. It's not one of continuing existence. Their job is to take the property that is there, work with the designers, work with the public, the citizens, and determine what would be the best plan. Then they would come back and recommend to us in terms of building it. Once that is done then I think, yes, ultimately we will be having Workshops to go over their recommendations: '.' Tape 2/Sidc A Commissioner Miller said, "The difficulty that I want to avoid at this time is the perception going out, and all these people that show up, that this land was purchased for football fields and soccer fields. We have other people that have expressed an interest in other types of athletic activities and I think we seriously need to address those." Commissioner Miller added, "I don't see any problem at all with making space there for a swimming pool." Commissioner Martinez pointed out that "On Item 'G' in recommendation, where it says adopt 'Resolution 21001.' It's not '21001,' it's '2001.'" Commissioner Gennell said, "We need to do a comprehensive study of it with a Committee that is assigned to do that; to come back and bring us recommendations just like any other Board does; and encompassing all aspects of things that the public brings to them that they wish to be considered." Discussion followed on the suggested number of nine (9) individuals to be affiliated with this Committee. Commissioner Gennell stated, "One of my concerns would be to fill all the spaces on this Board with special interest people, as opposed to people from the community who could hear from the special interest people, and let - all of the special interests make their presentations to people without a special interest." "I WOULD LIKE TO MAKE A MOTION THAT WE ASK THEM TO COME BACK - MY MOTION IS TO GO FORWARD SO THAT WE CAN GET THIS BOARD ESTABLISHED. I WOULD RECOMMEND LIMITING IT TO SEVEN (7) PEOPLE, AS OPPOSED TO NINE (9). SO THAT'S MY MOTION FOR SEVEl'i (7) PEOPLE, AND TO PASS THE RESOLUTION TO HAVE THAT COMMITTEE AND TO - TASK THEM WITH THE THINGS THAT WE HAVE DISCUSSED HERE TONIGHT, WITH A COMPREHENSIVE STUDY OF THAT ISSUE AND COME BACK TO US; HOLD PUBLIC HEARINGS AND COME BACK TO US WITH RECOMMENDATIONS." MOTION BY COMMISSIONER GENNELL. MANAGER McLEMORE ASKED, "YOU WANT THEM TO HOLD PUBLIC WORKSHOPS?" COMMISSIONER GENNELL STATED, "ISN'T THAT WHAT YOU ENVISIONED?" COMMISSIONER GENNELL THEN SAID, "YES, WORKSHOPS." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGEIIOFI9 COMMISSIONER GENNELL REITERATED HER MOTION AS "MY MOTION W AS TO GO FORWARD WITH - AN ADVISORY COMMITTEE TO - HOLD WORKSHOPS AND GET PUBLIC INPUT ON ALL ISSUES RELATING TO POTENTIAL USE FOR THAT PARK AND TO COME BACK TO US WITH RECOMMENDATIONS; AND TO MAKE A GROUP OF SEVEN (7)." SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. COMMISSIONER BLAKE ASKED, "THAT'S WITH THE MOTION TO APPROVE THE RESOLUTION, CORRECT?" COMMISSIONER GENNELL STATED, "IF ANTHONY [GARGANESE, CITY ATTORNEY] CAN ADJUST THIS ONE TO REFLECT THAT, YES. IF WE NEED A RESOLUTION TO ESTABLISH THE COMMITTEE AND ANTHONY SAYS HE CAN AMEND THIS TO REFLECT THAT, THEN WE GO AHEAD AND APPROVE IT AS AMENDED, SO THAT WE CAN MOVE FORWARD WITH THIS COMMITTEE EXPEDITIOUSL Y." COMMISSIONER MARTINEZ FURTHER SUGGESTED THAT THE MEMBERS OF THIS COMMITTEE BE CITY RESIDENTS AND THEY BE "LAY PEOPLE." COMMISSIONER MARTINEZ ALSO FELT THAT THE COMMITTEE SHOULD BE COMPRISED OF NINE (9) MEMBERS. COMMISSIONER BLAKE AGREED WITH COMMISSIONER MARTINEZ REGARDING MEMBERS OF THE BOARD BE OPEN TO ALL CITY RESIDENTS. ADDITIONALLY, COMMISSIONER BLAKE STATED, "WHAT I WOULD LIKE TO SEE IS, WHILE I WOULD RATHER HAVE A BOARD THE SIZE OF SEVEN (7), I THINK THIS PARTICULAR ONE REALLY DOES NECESSITATE A BOARD OF NINE (9) AND TO THAT END, I THINK THERE OUGHT TO BE SIX (6) APPOINTMENTS MADE BY THE MAYOR AND THE COMMISSION INDIVIDUALLY, OR AS A GROUP, WE CAN WORK THAT OUT; AND THEN ALLOW STAFF TO APPOINT THREE (3) PEOPLE TO THE BOARD. THAT WOULD GIVE THEM ROOM TO MAKE SURE THAT SOMEBODY PERHAPS ISN'T LEFT OUT." COMMISSIONER BLAKE CONTINUED BY SAYING, "MY OTHER ISSUE IS I AM IN TOTAL AGREEMENT'WITH.:..;'PUBLICINPUTATTHE "M'EETINGS' --, AND A LOT OF THE TIME." REGARDING THE RESOLUTION, COMMISSIONER BLAKE SAID, "I AM VERY CONCERNED THOUGH IN THE RESOLUTION ABOUT THIS DISCUSSION ON NUMBER 2) WHICH SHALL INCLUDE 'AT MINIMUM...' THAT LINE I THINK NEEDS TO BE TAKEN OUT AND PERHAPS SOME DIRECTION - PLANS THAT THEY LOOK AT AND THINK ABOUT - SHOULD THEY INCLUDE THESE TYPES OF AMENITIES." FURTHER, COMMISSIONER BLAKE SAID, "I THINK WE SHOULD PRESCRIBE THEIR DUTIES TO GO OUT AND FIND OUT WHAT THE PUBLIC WANTS AND WHAT THEY NEED, AND THEN WORK IN THAT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 12 OF 19 SENSE. I DON'T THINK WE SHOULD PRESCRIBE WHAT SHOULD BE IN THE PLAN." "I WOULD LIKE TO AMEND THE MAIN MOTION TO EXPAND THE BOARD TO NINE (9), THAT THE CITY MANAGER APPOINTS THREE (3) AND THAT THE COMMISSION EACH APPOINTS ONE (1) - THE MAYOR WOULD APPOINT TWO (2), EACH COMMISSIONER APPOINTS ONE (1) AND THE CITY MANAGER APPOINTS TWO (2); AND THAT THE - AREAS OF INTEREST THAT THEY LOOK AT, AS STATED IN THIS DOCUMENT, TO INCLUDE A SWIMMING POOL AND THE OTHER THINGS THAT ARE LISTED HERE." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. COMMISSIONER MARTINEZ STATED, "I WILL SECOND THAT AMENDMENT IF HE CORRECTS THE NUMBER OF APPOINTMENTS TO ONE (1) EACH AND THREE (3) FOR THE STAFF." COMMISSIONER MILLER SAID, "IT WAS ONE (1) FOR EACH COMMISSIONER..." COMMISSIONER MARTINEZ SAID, "... AND ONE (1) FOR THE MAYOR, AND THREE (3) FOR STAFF..." COMMISSIONER MILLER SAID, "I WILL CHANGE THE WORDING TO STATE, THREE (3) FROM THE STAFF, YOU APPOINT ONE (1), EACH COMMISSIONER APPOINTS ONE (1)." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR McLEOD STATED, 'I BELIEVE THE MAYOR REALLY ShOULD HAVE TWO (2) AND SO SHOULD THE STAFF." DEPUTY MAYOR McLl!:OD THEN SAID, "I WOULD BE MORE IN FAVOR TO HAVE THE - MOTION CHANGED TO BE AS COMMISSIONER BLAKE LAID IT OUT, IT'S PRETTY MUCH THE SAME THING AS COMMISSIONER MILLER." "I WOULD LIKE TO AMEND THE AMENDMENT TO INCLUDE WHAT COMMISSIONER BLAKE HAD POINTED OUT FOR THE CITY ATTORNEY TO INCLUDE IN THE RESOLUTION ALONG WITH CHANGING TO TWO (2) , VOTES FOR THE MAYOR, AND TWO (2) VOTES FOR THE STAFF. ONE (1) VOTE BY EACH OF THE COMMISSIONERS." AMENDMENT TO THE AMENDMENT BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE Co.MI\-HSSIONER GENNELL: AYE MOTION CARRIED. Commissioner Blake stated, "Point of Order" and asked to restate the Motion for the purpose of clarifying the Motion to be voted upon. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 13 OF 19 COMMISSIONER BLAKE STATED, "THE AMENDMENT AS AMENDED IS FOR THERE TO BE NINE (9) PEOPLE ON THE BOARD - SEVEN (7) APPOINTED BY EACH ONE OF US. YOU WOULD HAVE TWO (2), EACH COMMISSIONER WOULD HAVE ONE (1). TWO (2) APPOINTED BY STAFF AND THERE WOULD BE PUBLIC INPUT AT THE MEETINGS, AND SECTION 2) OF THE RESOLUTION WOULD BE RE-WORDED TO REMOVE 'WHICH SHALL INCLUDE AT A MINIMUM...' AND RESTATED AS FREER LANGUAGE THAT - COULD INCLUDE OR AT LEAST IN DISCUSSION WOVLD INCLUDE THOSE ITEMS." COMMISSIONER BLAKE THEN SAID, "A VOTE OF 'AYE' WOULD ACCEPT THAT LANGUAGE. A VOTE OF 'NAY' WOULD GO BACK TO THE ORIGINAL MAIN MOTION WHICH WAS FOR THERE TO BE THREE (3) AND SIX (6) AND NO DISCUSSION OF PUBLIC HEARINGS, NO DISCUSSION OF THE OTHER ITEMS." MANAGER McLEMORE ADDED, "THERE WAS ONE MORE ITEM THAT W AS DISCUSSED; IT WAS GOOD IF YOU WOULD INCLUDE IN YOUR AMENDMENT - THAT WOULD BE TO DESIGNATE IT AS AN 'AD-HOC' COMMITTEE." DEPUTY MAYOR McLEOD STATED, "I POINTED OUT THE ITEMS AS COMMISSIONER BLAKE HAD DISCUSSED." MAYOR PARTYKA STATED, "CALL THE VOTE FOR THE FIRST AMENDMENT, AS AMENDED." VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. COMMISSIONER GENNELL ASKED IF A TIME FRAME WAS NEEDED. MANAGER McLEMORE AGREED THATTHISW AS 'NE'EDED~' --.. -.. . - .. . "I MOVE TO AMEND THE MOTION TO - GIVE THE DEADLINE AS MARCH 1 ST, 2002." AMENDMENT BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. DEPUTY MAYOR McLEOD ASKED, "THIS NEEDS TO BE BACK TO US AT THE NEXT COMMISSION MEETING, SO THAT THIS COMMISSION CAN MAKE THEIR APPOINTMENTS TO MOVE IT FORWARD. EVERYBODY SHOULD HAVE THEIR APPOINTMENTS BY THE NEXT MEETING, IF POSSIBLE." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29.2001 PAGE 14 OF 19 MAYOR PARTYKA THEN SAID, "CALL THE VOTE ON THE AMENDMENT." VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. MAYOR PARTYKA THEN SAID, "NOW, GO TO THE MAIN MOTION, VOTE ON THE MAIN MOTION AS AMENDED, WHICH IS NOW MARCH 1, IN ADDITION TO ALL THOSE OTHER THINGS." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Manager McLemore then said to the Commission, "You had originally had a Meeting set in January. I don't think there is any need for the Meeting anymore, and we just need to make that dear." Manager McLemore further said, "I just need you to say, 'It's gone. ,,, Mayor Partyka said, "No Meeting in January. Schedule something or bring back to the Commisf.ion, whatever is appropriate. Okay?" .:. .:. AGENDA NOTE: THE FOLLOWING (NEW ITEMS FOR THIS AGENDA) AGENDA ITEMS WERE DISCUSSED NEXT. .:. .:. III. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR B. Office Of The City Attorney/Office Of The City Clerk Requesting The City Commission Consider For Approval An Application For Advisory Board/Committee Members. Much discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29.2001 PAGE 15 OF 19 Commissioner Blake asked about question 2a. on page one (1) - 'Are you a resident of Winter Springs?' and said, "Is there some way we could word that more effectively because a lot of people think they live in Winter Springs, but they don't." Attorney Garganese suggested the wording of "Do you live within the city limits of Winter Springs?" Commissioner Blake said, "That's clear enough." Next, Commissioner Blake asked about 3a., which references being convicted of a felony. Attorney Garganese said "You don't have to ask 3b. - if you want to eliminate thE't question." Manager McLemore suggested "It would be better - if you do it as a declaration, and tell them up front." Commissioner Blake added, "That's fine too." Commisswner Miller stated, "'Point of Order.' I distinctly remember all of us agreeing that this was only going to apply to new people coming on board, would not apply to anybody who was already serving on a City Board. They didn't have to do it even if they were re-elected and re-elected for normal terms, but the minute that seat becomes vacant and a new person comes in, that person has to fill out the form. " Mayor Partyka stated, "That's a Point of Order and that's correct." Attorney Garganese added, "I just believe it would be good to get the information on file, especially the reporting requirements." Tape 2/Side B Under C. 3., Commissioner Blake suggested, "There should be a line in there that says 'Other. '" Mayor Partyka added, "It would be 3., then it goes a., b., c. for each of the Committees, then you add a 'j.' for 'Other. '" Deputy Mayor McLeod said, "Under Reappointment, they should fall under the same criteria as the ones we are now bringing on because it is a whole new appointment." Deputy Mayor McLeod then suggested, "If they know they have the form to fill out and they feel there are any problems with that form, they have also have a thing that we send out that says your term is up, 'Are you wanting to be Reappointed?' All they have to say at that time is 'No.' And at that same time, if they want to, I believe the form should be sent to get the record straight - is the same as a new Appointment, and should come under the same scrutiny as we would anybody else coming on board.". "I MAKE A MOTION TO APPROVE ITEM 'B' - AS CORRECTED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR PARTYKA ASKED, "DOES EVERYBODY AGREE TO ALL THE CORRECTIONS?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29.2001 PAGE 16 OF 19 COMMISSIONER GENNELL ASKED, "HAVE WE DELETED 3b.?" ATTORNEY GARGANESE SAID, "YES." ATTORNEY GARGANESE THEN SAID, "I AM ALSO GOING TO ADD AS THE CITY MANAGER SUGGESTED, A LITTLE FOREWARNING - 'THAT THE CITY CODE ALSO PROHIBITS A PERSON FROM SERVING ON A CITY - COMMITTEE, IF THAT PERSON HAS BEEN CONVICTED OF A FELONY,' SO IT IS UP FRONT, IF THAT'S APPROPRIATE. ALSO CHANGE 2a. TO 'DO YOU LIVE WITHIN THE CITY LIMITS OF WINTER SPRINGS?' AND ADD A 3. j 'OTHER.'" DF,PUTY MAYOR McLEOD ASKED, "I WOULD LIKE TO FIND OUT IF THE COMMISSION FEELS THAT IS APPROPRIATE, TO WHAT WE ARE TALKING ABOUT HERE IS THAT THE REAPPOINTMENT - FORM SHOULD BE S.ENT." COMMISSIONER MILLER ADDED, "I WOULD LIKE TO ASK THAT THE CITY ATTORNEY OR THE CITY MANAGER BRING US BACK AN INFO ITEM ON THIS NEXT TIME. LET'S FIND OUT WHAT WE AGREED TO THE FIRST TIME." Commissioner Blake stated, "Point of Order" which dealt with the related Ordinance, which has already been passed. DEPUTY MAYOR McLEOD SAID, "I WOULD LIKE THE CITY ATTORNEY TO LOOK AT THAT AND BRING US BACK THE ANSWER TO THAT ONE PLEASE." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: NAY DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ADD-ON REGULAR C. Community Development Department Presents To The City Commission A Revised Phasing Plan For The 15.08 Acre JDC Calhoun, Inc. Property. Mr. Charles Carrington, AICP, Community Development Department Director introduced this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 17 OF 19 Commissioner Blake stated, "Point of Order" and pointed out that "I believe this is not the Phasing Plan that was approved on the Meeting dated October 22/1{'. As a matter of fact, I believe the large sheet of paper which had different color inks on it was supposed to be made part of the record and showed something different." Commissioner Blake further asked, "Did we add a 'Key' or a 'Legend' to those colors there like it was instructed? " Brief discussion ensued on the plans and Phases. Mr. Carrington explained that "The first Phase is shown in yellow, and you will see that this building, I, 2, and 3 now is included in Phase 1. The change here is that Buildings 8, 10, and 15 under the old Phase -. which ~/ere in Phase I before - 8, 10, and 15 have moved into Phase II under this propcsed plan that is before you tonight. I feel it is much better. The reason 1 feel it's better is because this major building on the corner of Tuskawilla and State Road 434 whil:h is a two (2) story structure is now included in the 1 sl Phase as is the second building along Main Street or Tuskawilla Road and the third building along Main Street. All of these buildings are two (2) story buildings." Mr. Carrington further said that "We still have the Publix building in on the 1 sl Phase; we have building nine (9) in on the 1 sl phase. And it is quite easy to see the development of the 2nd Phase picking up here; building 4, 5 on Hickory Grove; 6, 7, 8 at the corner of the EastlWest connector and State Road 434; and finally this building here, 10 which is leased out, as I understand it to a bank building. They are not going to sell the land, they are going to lease and the bank builder is going to build its own structure there - and that's why they moved it into the 2nd Phase. All of these internal buildings will be in the 2nd Phase. The three (3) buildings, plus the liner building that was shown in the 3rd Phase when Mr. McLemore presented it on the 22nd, are still shown in the 3rd Phase." CornC!lissioner Blake asked, "Can we trade building 8 for 4 or something like that so we can get building 4 in the 1 sl Phase?" Manager McLemore said, "We can try." Further discussion. "I'LL MOVE TO APPROVE THIS - REVISED PHASING DATED OCTOBER 26." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ.. DISCUSSION....... ...... _.... VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29,2001 PAGE 18 OF 19 Commissioner Gennell asked, "Is this going to come back to us in some kind of a concrete thing or do I have to ask you right now to color code these maps for me so that 1 have it to refer to, in the future." Attorney Garganese stated, "I believe that is coming back with a second Modification to the Development Agreement." .:. .:. AGENDA NOTE: THE FOLLOWING DISCUSSION TOOK PLACE NEXT. .:. .:. Attorney Garganese stated, "It's on the Respite Center, the 'Due Diligence' period. - we are currently going through 'Due Diligence' and 'Due Diligence' is set to expire at the end of this month; and we are asking for an additional thirty (30) days to complete 'Due Diligence.' The HCCH folks have already agreed to the thirty (30) day extension, actually it's a little bit more than thirty (30) days - it brings us to December 1 S\ and they have executed a 1 sl Amendment to the contract; and I am looking for authorization for the City Manager to sign to extend 'Due Diligence' to December I." "I MOVE TO EXTEND THE 'DUE DILIGENCE' PERIOD TO - DECEMBER 1ST, 2001." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE M01JON CARRIED. Commis~ioner Gennell reminded everyone about the upcoming November ih CALNO Meeting which is being held at the City of Winter Springs. IV. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka adjourned the Special Meeting at 9: 15 p.m. RESPECTFULL Y SUBMITTED: ___bL L ~~ ANDRE~NZO-LUACESl CMC CITY CL RK A D:(~ } '/\ I !J/ ~ ..---- P LIL P. PA...1{TYKA MA YOR CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 29.2001 PAGE 19 OF 19 NOTE: These minutes were approved at the November 12.200 I Regular City Commission Meeting.