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HomeMy WebLinkAbout2001 04 09 Consent F NEW Approval of March 26, 2001 City Commission Special Meeting Minutes COMMISSION AGENDA ITEM F Consent X Informational Public Hearings Regular April 9. 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The March 26, 2001 City Commission Special Meeting. CONSENT B. Office Of The City Clerk Requesting Approval Of The March 14, 2001 City Commission Special Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING MARCH 26, 2001 I. CALL TO ORDER The Meeting of March 26,2001 (was actually a combination of both the March 26,2001 Special Meeting, [which was the continuation of the March 14, 2001 Special Meeting] and the March 26, 2001 Regular Meeting) of the City Commission was called to order by Mayor Paul P. Partyka at 6:33 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Members of the Commission agreed to move around several Agenda Items, beginning with Regular Agenda Item "H" from the March 26, 2001 Regular Meeting Agenda. A moment of silence was followed by the Pledge of Allegiance. Presentations: A Cake was presented to Commissioner Edward Martinez, Jr. in honor of his Birthday. Mayor Partyka announced that "The 'State of the City' address is going to be scheduled for April the 17th, which is a Tuesday morning, and it's going to be from 7:30 to 9:00 - it's going to be out on the fields with a big tent." Mayor Partyka awarded Proclamations and a Plaque to a number of students from Winter Springs High School for their outstanding sportsmanship. Mayor Partyka called a break at approximately 6:50 p.m. Mayor Partyka called the meeting back to order at 7:02 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26,2001 PAGE 2 OF 32 II. PUBLIC INPUT Mr. Michael McDonald. 203 Charles Street, Winter Springs, Florida: did not want to address the Commission, but was opposed to the Respite Center. Ms. Sharon Testerman, 1102 Shadowbrook Trail, Winter Springs, Florida: opposed to the Respite Center, and asked the Mayor about his involvement on the sale of the property for the proposed Respite Center. Mr. Arthur Duncan, 424 East Highway 434, Winter Springs, Florida: showed photographs of the Nursery Road property and voiced his displeasure with the numerous cars and stated, "We really would like to see this not go through." Mr. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs, Florida: spoke III opposition to the Respite Center. Ms. Mildred Tarpley, 112 Brookshire Court, Winter Springs, Florida: did not wish to speak, but was opposed to the Respite Center. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: agreed with Mr. Roger Cooper. Ms. Denise McDonald, 203 Charles Street, Winter Springs, Florida: did not wish to speak, but was opposed to the Respite Center. Roger P. Daigle, 100 Melton Drive, Winter Springs, Florida: did not wish to speak, but was opposed to the Nursery Road issue. Mr. Edward Lathrap, 1230 George Street, Winter Springs, Florida: preferred to see the Nursery Road property zoned "residential." Commissioner Michael S. Blake asked City Manager, Ronald W. McLemore, "I think there is a problem with safety access on that road, and if we could have the Fire Chief check that out, and whatever appropriate action needs to be taken." Manager McLemore stated, "No problem." Mr. Raymond Vance, 615 David Street, Winter Springs, Florida: did not seem to be in attendance. Mr. Brett Cox, 1200 George Street, Winter Springs, Florida: spoke about problems with Nursery road, and was opposed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 3 OF 32 Mr. Dennis Bilskie, 103 Melton Drive, Winter Springs, Florida: Mayor Partyka stated, "I do have to say something, Dennis and I have done some business together." Mr. Bilskie felt that "offices" might be a better possibility, and spoke of visible oil on Nursery Road. Mr. Thomas Gekas. 1115 Oak Lane, Winter Springs, Florida: spoke of Little League, and the problems with the Nursery Road property and also suggested that offices would be better. Mr. Gekus stated that he was "Opposed," and suggested that he "Would like to have a meeting with them," and invited the Mayor and Commission. Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: spoke about previous meetings on the Respite Center, and advised the Commission that "The Highlands Homeowners Association Board of Directors has scheduled an informational meeting for Thursday, April 5th at 7:30 p.m. in its clubhouse. The Board is inviting Commissioners, City Staff, representatives from the Health Care Center for the Homeless to discuss the facts about the Respite Center with Highland's residents." Discussion. Tape I/Side B Further discussion and comments were made on the proposed Respite Center. Ms. Mary Rose, 203 Sherry Avenue, Winter Springs, Florida: did not want to address the Commission, but was opposed to the Respite Center. Ms. Bonita Kay Jones, 407 Edwin Street, Winter Springs, Florida: did not want to address the Commission, but was opposed to the Respite Center. Ms. May Ann Fenton, 204 Charles Street, Winter Springs, Florida: did not want to address the Commission, but was opposed to the Respite Center. Mr. Tony Walter, 727 Galloway Drive, Winter Springs, Florida: has been involved with the Homeless, and spoke in favor of the proposed Respite Center. Brief discussion. Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: has professional knowledge of agencies involved with the Homeless, and voiced her opposition to the proposed Respite Center being built in the City of Winter Springs. Ms. Beth Greg, 215 East Bahama Road, Winter Springs, Florida: did not want to address the Commission, but was opposed to the Respite Center. Mr. Bill Fernandez, 250 East Panama Road, Winter Springs, Florida: as President of the Ranchlands, he was opposed to the planned Respite Center. Mr. Fernandez also mentioned that he serves on the Planning and Zoning Board/Local Planning Agency and they "Received absolutely zero, zero 'Public Input' regarding Nursery Road." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION MEETING - MARCH 26,2001 rAGE 4 OF 32 Mr. Bill Pratsch, 220 Almaden Court, Winter Springs, Florida: voiced his opposition to the proposed Respite Center. Brief discussion ensued on the time limit for "Public Input" comments. Ms. Heidi Hunter, 227 Shore Road, Winter Springs, Florida: was opposed to the Respite Center, and suggested that the Mayor should not have been involved in this transaction. Commissioner Blake asked Mayor Partyka, "Was there a realtor representing the buyer, separately from the realtor representing the seller, in that transaction?" Mayor Partyka stated, "I was representing the seller." Mayor Partyka then added, "I represented the seller of the property, I was a sole realtor." Ms. Maureen Landgraf, 704 Silvercreek Drive, Winter Springs, Florida: spoke on the issue of the Respite Center. Commissioner Martinez added that "She wants to go on record as opposed." Mr. John Christensen, 232 Almaden Court, Winter Springs, Florida: did not want to address the Commission, but was opposed to the Respite Center. Ms. Dawn Chubb, 1296 Lake Lucerne Circle, Winter Springs, Florida: spoke on how her backyard was part of this; asked if she had "sitting rights;" asked if property owners would gain any benefits from this and stated, "I want to go on record, as opposed." Reverend David Heinze, 726 Galloway Drive, Winter Springs, Florida: spoke about the underprivileged and that our community should be compassionate. Mr. Craig Lukas, 502 George Street, Winter Springs, Florida: did not want to address the Commission, but was opposed to the Respite Center. Ms. Amy Kennerknecht, 45 South Devon Avenue, Winter Springs, Florida: opposed to the proposed Respite Center. Mr. Jonathan Andrews, 205 Springview Court, Winter Springs, Florida: did not appear to be in the audience when recognized. Mr. John Coffman, 65 South Devon Avenue, Winter Springs, Florida: commended the elected officials who went to Savannah; and was very concerned about Nursery Road. Mr. Coffman stated, "I'm very opposed to it." Deputy Mayor David W. McLeod advised those in attendance, "Regarding Nursery Road and it's problems that it's had over the last six years, it's just recently come into the City of Winter Springs. It's been under the control of County. We'd just like the residents to know that also." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 5 OF 32 Ms. Carol A. Thio, 673 Wishaw Lane, Winter Springs, Florida: read a "Letter to the Editor" called "Protect Parramore" from the Orlando Sentinel, and thought that the article was probably published last fall. Commissioner Martinez also spoke of an article in today's Orlando Sentinel, which addressed the lack of homeless in downtown Orlando. Mr. Jeff Schurrrer, 119 Stone Gable Circle, Winter Springs, Florida: did not need to address the Commission, but was opposed to the Respite Center. Mr. Robert Wilson, 213 Almaden Court, Winter Springs, Florida: did not want to address the Commission, but was opposed to the Respite Center. Tape 2/Side A Ms. Valerie Bryant, 718 Galloway Court, Winter Springs, Florida: spoke on behalf of the homeless. Ms. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke against the Respite Center and the Mayor's involvement; asked that City Hall be open; and spoke of employees that chain-smoke. Mr. Brad Palmer, 316 Tavestock Loop, Winter Springs, Florida: spoke in opposition to the Respite Center. Mr. David Bohnstadt, 1170 Talmo Street, Winter Springs, Florida: spoke about the Nursery Road problem and stated, "We don't want them." Mr. Tyler Weisman, 113 Brookshire Court, Winter Springs, Florida: did not wish to speak, but was opposed to the Respite Center. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: did not wish to speak, but was also opposed to the Respite Center. Ms. Cindy Slack, 1220 George Street, Winter Springs, Florida: commended Commissioner Cindy Gennell for informing residents about a meeting, and "Was opposed to them developing it in the way Nursery Road has been developed thus far," and was concerned with her daughter's safety ifshe were to drive along Nursery Road. Ms. Raquel Rona, 245 Tavestock Loop, Winter Springs, Florida: did not wish to speak, but was opposed to the Respite Center. Mr. Scott Rona, 245 Tavestock Loop, Winter Springs, Florida: did not wish to speak, but was also opposed to the Respite Center. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 6 OF 32 Mr. John Neubauer & Ms. Aimee Mslero, 102 Stone Gable Circle, Winter Springs, Florida: did not wish to speak, but were opposed to the Respite Center. Ms. Tammy Rode, 617 David Street, Winter Springs, Florida: did not wish to speak, but was opposed to the Respite Center. Ms. Michele Reardon, 629 David Street, Winter Springs, Florida: Mayor Partyka stated, "Respite Center, opposed, does not wish to speak." Ms. Kathy McGoldrick, 533 Moree Loop, Winter Springs, Florida: spoke about reaching "Out to the homeless" and asked "What does God want us to do?" Ms. Diane Abbott, 205 Springview Court, Winter Springs, Florida: did not wish to speak, but was opposed to the Respite Center. Ms. Susan Klimberg, 128 West State Road 434 and 600 Northern Way, Winter Springs, Florida: did not wish to speak, but was opposed to the Respite Center. Ms. Carmen Colon, 340 San Rafael Court, Winter Springs, Florida: did not seem to be in attendance. Ms. Altagracia Castillo, 215 Sherry Road, Winter Springs, Florida: did not seem to be in attendance. Mr. Thomas L. High, 400 Timberglen Court, Winter Springs, Florida: was opposed to the Respite Center and spoke of his concerns with the Homeless. Ms. Sharon Testerman, 1101 Shallowbrook Court, Winter Springs, Florida: again briefly addressed the Commission about patients who may have Tuberculosis. Deputy Mayor McLeod clarified such health conditions by stating, 'It's not - Tuberculosis, it's not a fear tactic here. These people could have been in for heart surgery, they could have been in for appendicitis. They could have been in for anything. The center is supposed to be to help - those people." Ms. Natalie Fernandez, 751 Wilson Road, Winter Springs, Florida: mentioned that she was a student at Winter Springs High Schools and spoke on the public's comments about the Respite Center, and stated "I am opposed to the Respite Center." Ms. Jana King, 386 Twelve Oaks Drive, Winter Springs, Florida: did not wish to speak, but was opposed to the Respite Center. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCI-I 26,2001 PAGE 7 OF 32 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "H" FROM THE MARCH 26, 2001 REGULAR MEETING WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. VI. REGULAR Regular H. City Manager Requesting Direction From The City Commission Relative To HCCH Respite, LLC's (Orlando, Florida) Application For Construction Of A Respite Center. Manager McLemore introduced this matter, and suggested that "Where the Staff is on this and what we need from you is that we have some real issues with the land use and zoning on this project, as we understand it today - and we are requesting the Commission to direct us and go back and evaluate this project on it's consistency with the 'Comp Plan,' Land Use and Zoning, and to come to you at the next meeting, if we can, with Staffs report." Manager McLemore then explained various options that the Commission has, and added that "Weare recommending number three (3) and that is based on recommendations of your Staff, that we have concerns about your Comprehensive Plan and Zoning and Land Use regulations. We are simply asking you for a period of time to go back and evaluate what we have heard, in this Meeting, and in the Workshop, and come back to you with a recommendation relative to this proposal's consistency with your Comprehensive Plan or related regulations." Ms. Miranda Fitzgerald, 215 North Eola Drive, Orlando, Florida: as an Attorney representing the applicant, Ms. Fitzgerald addressed the Commission about the Zoning Code; what is appropriate for this property; and that there is an interest to work with Staff. "I MOVE THAT WE DIRECT THE STAFF TO PROVIDE THE COMMISSION WITH AN ANALYSIS AND RECOMMENDATION AS TO THE PROPOSED USES CONSISTENT WITH THE CITY'S LAND DEVELOPMENT REGULATIONS AND COMP PLAN - THAT'S ITEM THREE (3)." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR McLEOD ASKED "WHAT KIND OF TIME FRAME WE'RE LOOKING AT HERE?" DISCUSSION FOLLOWED ON THE SUGGESTED TIME FRAME. DEPUTY MAYOR McLEOD STATED, "WE'RE REALLY SAYING WITHIN A MONTH, STAFF'S RECOMMENDATIONS SHOULD BE BACK TO THE COMMISSION CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 8 OF 32 REGARDING WHERE WE STAND ON THIS ISSUE - THE COMPREHENSIVE PLAN - LAND DEVELOPMENT." COMMISSIONER BLAKE STATED, "I WOULD LIKE TO AMEND THE MOTION TO - REQUIRE STAFF TO BRING THIS RECOMMENDATION BACK TO US." AMENDMENT BY COMMISSIONER BLAKE. COMMISSIONER BLAKE FURTHER STATED, "THEN THE MOTION WOULD STATE THAT YOU WOULD HAVE YOUR RECOMMENDATION AND ANALYSIS BACK TO US BY THE APRIL 23RD MEETING." MANAGER McLEMORE STATED, "NO PROBLEM." SECONDED. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. COMMISSIONER GENNELL MENTIONED THAT HER MOTION INVOLVED "ITEM THREE (3), AS IT IS WORDED." VOTE: (ON MAIN MOTION) COMMISSIONER MARTINEZ:. AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Major Partyka advised everyone that this matter will be further discussed at the April 23r Meeting. Mayor Partyka called a break at 9:00 p.m. The Meeting was called back to order at 9:19 p.m. Mayor Partyka stated, "Let the record show we have Commissioner McLeod here; we have Commissioner Martinez here; and we have Commissioner Gennell here." Commissioner Robert S. Miller returned to the dais at approximately 9:20 p.m. Commissioner Blake returned to the dais at approximately 9:20 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26.200\ PAGE 9 OF 32 .:. .:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEMS "H" AND "I" FROM THE MARCH 26, 2001 REGULAR MEETING WERE DISCUSSED NEXT. .:..:. v. PUBLIC HEARINGS PUBLIC HEARINGS H. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-14 To Adopt A Small Scale Comprehensive Plan Amendment (SS- CPA-2-200l) That Would Change The Future Land Use Map Designation Of A 6.2 Acre Property From (County) "Commercial", "Industrial" And "Low Density Residential" To "Industrial" On 6.2 Acres Located On Nursery Road On The East Side Of U.S. 17/92. Attorney Anthony A. Garganese read Ordinance 2001-14 by "Title" only. Attorney Garganese then stated, "As you recall, the Commission approved this for Commercial Future Land Use designation at the last meeting." Deputy Mayor McLeod stated, "I would like to point out, I believe, the City Attorney had mentioned 6.5 acres, it's 6.2." Tape 2/Side B Members of the Commission and Attorney Garganese agreed that the Agenda Packets given to the Commission did not have the correct Ordinance, but that the Ordinance that Attorney Garganese read was the correct version. Discussion. Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: the property owner addressed the Commission on Zoning and Land Use Designations. Manager McLemore asked that no action be taken, and that this Agenda Item come back at a later date. Further discussion ensued. Commissioner Martinez stated, "I just wanted to add to the record that it is obvious at this time, it's getting late, that we're not'going to be able to do this tonight, and the suggestion by the Manager - is very proper, and we should go along with this and postpone this matter. " "AT THIS TIME I WILL MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO TAKE THIS BACK TO STAFF, ITEM 'H,' AND BRING US BACK - 'H' AND 'I' AT A FUTURE DATE." MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26.2001 PAGE 10 OF 32 COMMISSIONER GENNELL ADVISED THE CITY MANAGER OF HER ADDITIONAL CONCERNS, AND STATED, "I DO NOT WANT, NUMBER ONE, TO DUPLICATE WHAT IS ALREADY THERE, AT ALL; AND NUMBER TWO, I WOULD LIKE, IF THERE WAS SOME WAY THA T THE PROPERTY OWNER AND STAFF COULD COME TO A CONSENSUS TO REDUCE OR ELIMINATE THE CONDITIONS THAT DO EXIST THERE BEFORE - GOING FURTHER." At the suggestion of Deputy Mayor McLeod, Mayor Partyka asked the Commission if they would agree to seeing a show of hands from the audience, as to who would also like to speak: under 'Public Input.'" The members of the Commission agreed (non-verbally) that this was acceptable. DEPUTY MAYOR McLEOD STATED, "I'LL MAKE A MOTION TO AMEND THE MOTION - TO HAVE THE OPPORTUNITY TO OPEN THIS BACK UP TO THE GENERAL PUBLIC, TO TAKE INPUT, PRIOR TO THE MOTION BEING VOTED ON." MOTION BY DEPUTY MAYOR McLEOD. COMMISSIONER BLAKE STATED, "MAYOR, POINT OF ORDER. I MAKE A MOTION TO SUSPEND THE RULES." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. DEPUTY MAYOR McLEOD STATED, "CALL THE MOTION, MAYOR." ATTORNEY GARGANESE STATED, "MOTION TO TABLE IS REALLY NON-DEBATABLE AND IT SHOULD BE VOTED ON; THEN YOU CAN MOVE ON. COMMISSIONER BLAKE STATED, "POINT OF ORDER, MR. MAYOR. THERE HAS BEEN NO MOTION TO TABLE THE ITEM." I CALLED FOR A POINT OF ORDER. I DID MAKE A MOTION TO SUSPEND THE RULES, WHICH WAS DULY SECONDED. I THINK THAT REQUIRES A VOTE." MAYOR PARTYKA STATED, "UNDER A MOTION TO POSTPONE DEFINITELY, I BELIEVE THAT WOULD BE THE CORRECT TERM. MR. BLAKE IS RIGHT IN TERMS OF - IT'S DEBATABLE, IT'S ALSO AMENDABLE, AND YOU NEED A MAJORITY VOTE, AND SO THAT IS WHERE WE ARE. IT THEN BECOMES A STANDARD VOTE, IT'S NOT A TABLING VOTE." MAYOR. PARTYKA FURTHER STATED, "COMMISSIONER McLEOD, YOU HAD THE FLOOR IN TERMS OF POTENTIALL Y AMENDING THE MOTION." DEPUTY MAYOR McLEOD STATED, "I WOULD LIKE TO MAKE A MOTION THAT WE AMEND THE MAIN MOTION AND OPEN THIS UP AT THE PRESENT TIME TO THE GENERAL PUBLIC, FOR INPUT PRIOR TO MOVING ON THE MAIN MOTION." MOTION BY DEPUTY MAYOR McLEOD. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE II OF 32 COMMISSIONER BLAKE STATED, "THAT MOTION IS OUT OF ORDER BECAUSE THERE IS A MOTION TO SUSPEND THE RULES, WHICH IS NOT DEBATABLE, AND WE HAVE TO VOTE." DEPUTY MAYOR McLEOD STATED, "MAYOR I WILL YIELD TO COMMISSIONER BLAKE." MAYOR PARTYKA STATED, "CALL THE VOTE ON SUSPENSION OF THE RULES." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka opened this to "Public Input. " Ms. Figliolia, 1211 Lake Lucerne Circle, Winter Springs, Florida: advised the Commission about drainage into the lake, and explained that the lake was dry. Ms. Dawn Chubb, 1296 Lake Lucerne Circle, Winter Springs, Florida: asked if she would lose her back yard due to this project. Mayor Partyka suggested she contact an attorney. Mr. Thomas Gekas, 1115 Oak Lane, Winter Springs, Florida: asked about businesses and the easement, and suggested that the area be measured. Ms. Ruth Bilskie, 103 Melton Drive, Winter Springs, Florida: Spoke of businesses and asked that the area be cleaned up. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka stated, "The suspension of the rules, I believe are finished. We will go back to the rules now." Mayor Partyka added, "There is a Motion, I believe, on the floor that talks to postponing this to the next meeting for analysis." Mayor Partyka then stated, "Now we are back to the Motion. The Motion is still there." Commissioner Gennell asked, "On the east end of this property here, there are a bunch of dashed lines here, and I'm wondering if that's a right-of-way for an extension of Talmo, or just what that is behind those residential family lots there?" Commissioner Gennell asked for an explanation of this. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 12 OF 32 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "This is postponed to the next meeting." .:..:. AGENDA NOTE: THE ABOVE MOTION FOR PUBLIC HEARINGS AGENDA ITEM "H" ALSO TOOK CARE OF THE NEXT AGENDA ITEM, PUBLIC HEARINGS AGENDA ITEM "I" AS DOCUMENTED IN THE MOTION ABOVE. .:. .:. V. PUBLIC H;EARINGS PUBLIC HEARINGS I. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-15 To Adopt The Rezoning (REZ-2-2001) That Would Change The Zoning Map Designation Of A 6.2 Acre Property From (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family Dwelling" District To (City) C-l "Neighborhood Commercial", Located On Nursery Road On The East Side Of U.S. 17/92. .:. .:. AGENDA NOTE: THE COMMISSION THEN HEARD THE FOLLOWING AGENDA ITEMS FROM THE MARCH 26, 2001 REGULAR MEETING AGENDA, AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR A. Finance Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR) For The Fiscal Year Ended September 30, 2000. Ms. Louise Frangoul, Finance Director introduced Mr. Eldon McDirmit with McDirmit, Davis, Puckett & Company, P.A. Tape 3/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26,2001 PAGE 13 OF 32 Mr. McDirmit addressed the Commission on the Comprehensive Annual Financial Report (CAFR). Brief discussion. "I'D LIKE TO MAKE A MOTION WE ACCEPT THE REPORT." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Deputy Mayor McLeod added, "I think this was well put together. Thank you, and for the input by our Staff too." Mayor Partyka stated, "Louise, good job!" Mr. McDirmit added, "We really did enjoy working with Louise, and her staff. You've got a great staff, you really do!" v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-18 To Adopt The Large Scale Comprehensive Plan Amendment (LS-CPA-I-00) That Would Change The Future Land Use Map Designation Of The Elizabeth Morse Foundation Property From (County) "Suburban Estates" (1 DU Per Acre) To (City) Designation "Greeneway Interchange" Attorney Garganese read Ordinance 2001-18 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: addressed the Commission as the Chair of the Friends of Lake Jesup about his concerns with the "Restoration effort of the lake" and also presented a map from Seminole County. Discussion. Commissioner Martinez spoke about his concerns with preserving the lake shore, and stated, "I would like to ask Staff again, when we responded to DCA's ORC, on this item here - I think I saw a document here that we have agreed to participate in the - project, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 14 OF 32 with the St. John's Water Management, the State, and so on. Am I correct?" Manager McLemore stated, "I believe that we have, but factually, I would have to go back and look at it." Commissioner Martinez added, "One of the questions that DCA asked - the ORC's - it had to do with the wetlands and the hundred year floodplain zone, and basically everything related to the lake, and I would like to know if we did anything from our side here to try and protect that lake shore, because when this project came up, that was one of my concerns, and I was told that we would do whatever was possible to protect the lake shore. " Manager McLemore replied and said, "As far as I know, we have complied with all of the provisions of your Comprehensive Plan." Mr. Charles Carrington, AICP, Community Development Department Director stated, "The real response to the ORC report is by the applicant's consultant - not the City's staff." Commissioner Martinez added, "I understand that, and I always hear- this kind of an explanation, but I believe that it is the responsibility of the Staff to make sure that whatever the applicant puts on record, is what we are looking for as far as protecting the City and the residents of Winter Springs." Manager McLemore stated, "I am not aware at this time of any outstanding comments from DCA, that we have not answered - or that were inconsistent anyplace with our Comprehensive Plan." Commissioner Martinez asked, "Have they dealt with the protection of the lake shore?" Manager McLemore stated, "We can only deal with the regulations that we have in place, and - our mandate is to review all developments consistent with your Comprehensive Plan, and others that we have to do relative to coordination. As far as I know we have complied with all the Comp Plan provisions." Mr. Scott Henderson, (Henderson Planning Group) J J 2 South Lake Avenue, Orlando, Florida: representing the Elizabeth Morse Foundation discussed the subject property, and stated that "Weare not aware of any designation of this property for preservation." Discussion. Commissioner Martinez asked, "Will you have run-off water going into the lake, from your property?" Mr. Henderson responded and said, "We do not have a development proposal, at this time." Commissioner Blake asked, "Is this property targeted at all, or any portion of the property targeted for the Natural Lands Acquisition Projec!?" Mr. Henderson replied, "Not to my knowledge." Further discussion. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 15 OF 32 "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE CHANGE OF THE FUTURE LAND USE MAP DESIGNA TION OF THE ELIZABETH MORSE FOUNDATION PROPERTY FROM (COUNTY) "SUBURBAN ESTATES" (1 DWELLING PER ACRE) TO (CITY) DESIGNATION "GREENEW A Y INTERCHANGE" DISTRICT AS OUTLINED IN ITEM 'A.'" MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: NAY COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-19 To Adopt The Large Scale Comprehensive Plan Amendment (LS-CP A-4-00) That Would Change The Future Land Use Map Designation Of The Springs Land/Jesup Shores Property From "Mixed Use" To The "Town Center" Designation. Mayor Partyka read the title of this Agenda Item. Manager McLemore introduced this Agenda Item, and advised the Commission by stating, "I need to make you aware that I received a letter, I saw it in my box this morning; from the owner of the property, requesting that this Item be withdrawn; that puts us in an interesting position. I have some real hesitation with the Commission doing that, based on the sensitivity of this property to the Town Center." Attorney Garganese stated, "Generally you have the authority legislatively to administratively change future land use designations or zoning designations on individual pieces of property, however, in this case, you had an application submitted, and the applicant has withdrawn his application, so under these circumstances, you probably should just accept the individuals notice to withdraw, and if you want to proceed administratively, then you can start the process and do an administrative change." Deputy Mayor McLeod advised those in attendance that he had received a telephone call from the applicant who was very concerned with "Working in the guidelines of the Town District." Tape 3/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 16 OF 32 Discussion. Commissioner Gennell asked if an application fee had been paid. Mr. Carrington stated, "To my knowledge, there was no application fee." Commissioner Gennell added, "Well, bearing in mind that as Anthony suggested since this was an application on their part, and that they've requested to withdraw it, I could support withdrawing it. The thing is I could also support going ahead administratively like you said, and starting the process, to where we go ahead and do it administratively, and keep the thing clean. But, does that mean that we have to go through the next cycle then?" Manager McLemore stated, "Yes." Commissioner Gennell then stated, "Can we put ourselves on record - very quickly, as to having it publicly stated that we are going to do that, to prevent somebody from coming in here and trying to develop it under the 434 Corridor guidelines?" Manager McLemore stated, "I think if you take that action tonight and then direct Staff to bring it back to you for administrative rezoning, you can take that final action based upon some type of development agreement, that we would enter into within, I would think, if it's going to remain - C-l. In other words, they would agree with you that if they are going to develop it in the future under C-l - they would agree to work with us in the blending of the issues." Manager McLemore clarified his comments by saying, "If there was some - binding way, under which you could enter into some agreement with these people, if they come out of the Town Center - it would say they would agree with you to work out some blending." "MOTION TO EXTEND FOR ONE HOUR." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Gennell stated, "If we do as Anthony says, and we drop this, and if we instruct Staff to bring us back in the same sort of a Motion, Staff brings back the methodology for going ahead and doing it administratively - are we then on record as intending that to be back in the Town Center, and if they bring something in between now and the next cycle, can we bind them to the Town Center?" Attorney Garganese stated, "You can raise a Pending Ordinance doctrine argument under those factual scenario, unless - they had some application that was pending, that I'm not aware of." Attorney Garganese then asked, "Do they have an application pending, Charles?" Mr. Carrington responded, "The only application they have pending is the application that's before you tonight." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 17 OF 32 Regarding the applicant's application, Attorney Garganese suggested "You just Table this Item, or dispense of it." Commissioner Gennell added, "In other words, treat it as it has been withdrawn." Commissioner Gennell stated, "Let's look at it this way, it's withdrawn, so we don't have that. So, if we direct Staff to bring us back the methodology to get it into the next cycle, under the Town Center guidelines, then if subsequent to that, he comes in while we are in our process to next August, at that time, then the City Manager can develop - if they want to develop outside of that - keeping in mind our pending ordinance, or whatever is impending, then he can enter into a developer's agreement and accomplish what we want to accomplish anyhow." Attorney Garganese stated, "If you want to move forward administratively, I would take no action on his application, because he has withdrawn it; and then give the Staff and City Manager direction to move forward administratively to change the Future Land Use designation on this property to Town Center, and to change the Zoning designation to Town Center, if you want to move in that direction. That would be a clear indication by this Commission that there is now a pending Ordinance to administratively change the Future Land Use designation and Zoning designation on this property." COMMISSIONER GENNELL STATED, "MR. MAYOR, WHEN EVERYBODY IS FINISHED TALKING, THAT'S MY MOTION." "MOTION TO TABLE THIS." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. Mayor Partyka stated, "Everything is tabled." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26.2001 PAGE 18 OF 32 PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-20 To Adopt The Large Scale Comprehensive Plan Amendment (LS-CPA-S-OO) That Would Change The Future Land Use Map Designation Of The Property From (County) "Medium Density Residential" (Max. 10 DU Per Acre) To (City) Designation "Town Center", On Property Located On The West Side Of Tuskawilla Road And Adjacent On The South Side Of Milky Way Avenue. Attorney Garganese read Ordinance 2001-20 by "Title" only. Attorney Garganese explained that the "Applicant has submitted a survey that which clearly indicates that it would be parcel number two (2) - that small triangular strip between Oak Forest and this development would be' excluded from the Town Center designation." Commissioner Blake inquired, "Even though it says in the Title of the Ordinance that it is bounded on the south side of Oak Forest Unit Seven (7)?" Attorney Garganese stated, "That's the title that is advertised, the legal description will be attached. We can make a technical amendment and just strike from the title 'and on the south side by Oak Forest Unit Seven (7) subdivision, and attach this map, or this survey as Exhibit Number One (1)." Commissioner Blake added, "Does that map specifically depict that property that is included?" Attorney Garganese responded, "That is included, and there is a legal description in the top right hand comer, which appears to be in order." Attorney Garganese clarified his comments by saying, "There would be a minor change in the title, striking the language "and on the south side by Oak Forest Unit Seven (7) subdivision. Exhibit One (1) will be this survey and it depicts the property that will be changed to Town Center that is Parcel Number Two (2). It excludes a small triangular piece." Attorney Garganese further explained, "It excludes that small triangular piece, that is between Parcel Number Two (2) and Oak Forest subdivision; that remains whatever it is today, I think it's a Mixed-Use designation." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Ms. Sandy Bierly: "I just wanted to make sure it was clear that it's 38.37." Attorney Garganese stated, "That is correct, the survey does say 38.37 - a technical amendment to the 'Title' of the Ordinance to reflect the survey acreage." "I'D LIKE TO MOVE TO ADOPT." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 19 OF 32 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department - Planning Division Request The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-23 To Adopt The Large Scale Comprehensive Plan Amendment (LS-CP A-6-00) That Would Replace Completely The Current Text And Maps In The Traffic Circulation Element Volume 1 Of 2 And Volume 2 Of 2 Of The City's Comprehensive Plan. Attorney Garganese read Ordinance 2001-23 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. Brief discussion. "I'LL MAKE A MOTION THAT WE APPROVE ORDINANCE 2001-23." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka stated, "The Motion still holds." VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 20 OF 32 PUBLIC HEARINGS E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-26 To Adopt The Large Scale Comprehensive Plan Amendment (LG-CPA-2,3,4-98) That Would Add Three (3) New Policy Statements (LG-CPA-2- 98 In The Conservation Element; LG-CP A-3-98 In The Land Use Element; (LG-4- . CPA-98) In The Intergovernmental Coordination Element) To The Comprehensive Plan. Attorney Garganese read Ordinance 2001-26 by "Title" only. Attorney Garganese advised the Commission that "The policies call out for certain land development regulations to be adopted by the City Commission in the year 2000. That should read 2001, or if you think 2001 is overly ambitious, I suggest that you change that right now, before you send it to DCA." Manager McLemore stated, "I think 2002 is the realistic." The consensus of the City Commission was that that it should read 2002, under Exhibit 1. 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 ADOPT ORDINANCE 2001-26 INCORPORATING THE CHANGE ON EXHIBIT ONE (1), TO READ 2002." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 21 OF 32 PUBLIC HEARINGS F. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-24 To Adopt The Large Scale Comprehensive Plan Amendment (LS-EM-CPA-1-2001) That Would Change The Future Land Use Map Designation Of Properties With Multi-Family Apartment Complexes In And Around The Intersection Of Moss Road And State Road 434 From "Commercial" To "Medium Density Residential" (6.6 - 9.0 DU Per Acre). Attorney Garganese read Ordinance 2001-24 by "Title" only. Commissioner Gennell asked Manager McLemore, "Does this Ordinance - these two (2) do they encompass that piece down on the southern Moss Road?" Commissioner Gennell stated, "I want to see it in there, because those - are part of our part of our plan too, ultimately, and I don't want to leave those out there in jeopardy." Commissioner Gennell further stated, "They need to be in there. Now, what does it take to get it in there?" Discussion ensued on these units not being in Phase One. Commissioner Gennellthen stated, "I realize we missed the opportunity now, but once we go and pass this thing, I would like an opportunity to make a Motion to instruct the Staff to do it, at the next cycle, that way protecting them, in the eventuality that anything comes up between now and the next cycle. Do I make myself clear?" The property in question was pointed out on a map, and Commissioner Gennell pointed out that it was "North of the power line." The type of designation was further discussed and Commissioner Gennell stated, "All I am trying to do is accomplish the same thing for those two units down there, that we are for the ones we're dealing with up on 434." "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka stated, "The Motion holds." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 22 OF 32 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PlJBLIC HEARINGS G. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-25 To Adopt The Proposed Rezoning (REZ-3-2001) That Would Change The Zoning Map Designation Of Properties With Multi-Family Apartment Complexes In And Around The Intersection Of Moss Road And State Road 434 From C-l "Neighborhood Commercial" To R-3 "Multi-Family Dwelling" District. Attorney Garganese read Ordinance 2001-25 by "Title" only. Attorney Garganese stated that the effective date of this Ordinance would be contingent upon the effective date of Ordinance 2001-24, which changes the future land use map designation to "Medium Density Residential." 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 BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 23 OF 32 J. Utility Department Requesting The City Commission Hold A Second Reading For Ordinance #2001-11 Relating To Water Shortages. Attorney Garganese read Ordinance 2001-011 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion Qf this Agenda Item was closed. "MOTION TO APPROVE ORDINANCE 2001-11." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING MOTION, AS DOCUMENTED WAS NOT RELATED TO PUBLIC HEARINGS AGENDA ITEM "J." .:..:. COMMISSIONER GENNELL STATED, "I WANT TO MAKE A MOTION NOW THAT WE INSTRUCT THE ST AFF TO GO BACK AND BRING US ORDINANCES RELATIVE TO THOSE BUILDINGS ON SOUTH MOSS ROAD TO BRING THEM INTO THE SAME KIND OF COMPREHENSIVE PLAN USE AND ZONING AS THE APARTMENT COMPLEXES WE JUST TALKED ABOUT." MOTION BY COMMISSIONER GENNELL. COMMISSIONER BLAKE ADDED, "THAT WE INSTRUCT THE STAFF, WHILE THEY ARE DOING THAT, ALSO BRING US A LIST OF ALL THE C-2 PROPERTY WE HAVE OUT THERE, RIGHT NOW, AND WHAT IT'S CURRENT USE IS, BECAUSE THAT PARTICULAR PARCEL YOU ARE TALKING ABOUT IS ZONED C-2." COMMISSIONER GENNELL STATED, "I'LL ENCOMPASS THAT IN MY MOTION." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCI-I 26, 2001 PAGE 24 OF 32 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS DISCUSSED NEXT WERE FROM THE SPECIAL MEETING OF MARCH 26, 2001 (WHICH WAS THE CONTINUATION OF THE MARCH 14,2001 SPECIAL MEETING). .:..:. VI. REGULAR REGULAR A. City Manager Requesting The City Commission To Review Information Relative To The City Clerk's Annual Salary Review And To Take Whatever Actions It Deems Appropriate. Deputy Mayor McLeod stated, "I would like to suggest at this time we do not go into this, because we are dealing with a salary issue that - from everything we got last time, that we were after hours of the nonnal meeting, and therefore we would be behind closed doors again, behind the hour's that the general public is not here to discuss salary positions of employees of this City, and I do not, at this time, feel that would be in the best interest of the people up here." Commissioner Blake added, "I agree Mayor." Discussion. "WHY DON'T WE DIRECT THE MANAGER TO PLACE THIS AS THE FIRST REGULAR ITEM ON OUR NEXT AGENDA. THAT WOULD BE MY MOTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26,2001 PAGE 25 OF 32 REGULAR C. City Attorney Wishes To Inform The Commission About His Research Into The Matter Of Business Card Use, And Asks For The Commission's Direction In Requesting A Formal Opinion On The Matter From The Commission On Ethics. Attorney Garganese stated, "The options for the City Commission are to drop the matter and not request an Opinion, or request a Fonnal written Opinion from the Commission on Ethics which would require a Public Hearing of that Commission to determine potentially an answer to your inquiry." Commissioner Martinez stated, "1 would suggest to you that we request a formal opinion, Mr. Garganese." COMMISSIONER GENNELL MOVED TO "REQUEST A FORMAL OPINION FROM THE COMMISSION ON ETHICS REGARDING THE MATTER OF BUSINESS CARD USE AND FURTHER THAT WHEN YOU BRING THE QUESTION BEFORE YOU SEND IT, THAT WE GET TO REVIEW IT, BEFORE IT IS SENT OUT." MOTION BY COMMISSIONER GENNELL. ATTORNEY GARGANESE ASKED WHAT THE QUESTION WAS. COMMISSIONER GENNELL STATED, "BASICALLY, WHETHER OR NOT IT IS APPROPRIATE FOR AN ELECTED OFFICIAL TO USE THEIR TAX PAYER PAID FOR CITY BUSINESS CARDS IN THE CONDUCT OF THEIR BUSINESS CORRESPONDENCE TO INCLUDE THOSE CARDS IN WITH THEIR PERSONAL BUSINESS CORRESPONDENCE." Tape 4/Side A COMMISSIONER GENNELL CLARIFIED HER PREVIOUS COMMENTS BY STATING, "I WOULD DISTINGUISH THAT - IN OTHER WORDS, CORRESPONDENCE THAT IS MAILED OUT ON CITY STATIONARY FOR CITY BUSINESS PAID FOR BY THE CITY'S POSTAGE MACHINE, I FEEL IT'S TOTALLY APPROPRIATE. ON THE OTHER HAND, CORRESPONDENCE THAT IS MAILED OUT FOR A PERSON'S PERSONAL BUSINESS PURPOSES, PAID FOR BY THEIR BUSINESS, MY PERSONAL FEELING IS IT IS INAPPROPRIATE TO INCLUDE A TAXPAYER PAID FOR BUSINESS CARD IN THAT KIND OF CORRESPONDENCE. HOWEVER YOU WOULD LIKE TO FRAME IT. I WOULD JUST LIKE TO LOOK AT IT WHEN YOU GET DONE FRAMING IT." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MARTINEZ ASKED, "DOES THAT MEAN THAT YOU ARE ASKING TO REQUEST THAT WE, OR ANYONE HERE, IS TO INCLUDE THEIR BUSINESS CARDS WITH ANY RELATED PERSONAL BUSINESS OR OTHER, FROM WHICH YOU ARE GOING TO DERIVE A PROFIT, OR A GAIN." COMMISSIONER GENNELL CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 26 OF 32 ST A TED, "I THINK IF WHAT I UNDERSTOOD YOU TO SAY CORRECTLY, THAT'S WHAT I MEAN." COMMISSIONER GENNELL REITERATED HER MOTION AND SAID, "MY MOTION IS TO REQUEST THE COMMISSION ON ETHICS TO ISSUE A FORMAL OPINION ON WHETHER OR NOT IT'S PROPER FOR AN ELECTED OFFICIAL TO USE THEIR TAXPAYER FUNDED BUSINESS CARD IN CORRESPONDENCE, THAT IS RELATED EXCLUSIVELY TO THEIR PERSONAL BUSINESS INTERESTS TO WHICH THEY RECEIVE A BENEFIT - A POTENTIAL FOR A FINANCIAL GAIN." ATTORNEY GARGANESE ADDED, "FROM THE CORRESPONDENCE." COMMISSIONER GENNELL SAID, "RIGHT." SECONDED AGAIN BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR McLEOD STATED, "I THINK THE MOTION NEEDS TO BE AMENDED TO INCLUDE PERSONALLY PAID FOR CITY BUSINESS CARDS." MOTION BY DEPUTY MAYOR McLEOD. DEPUTY MAYOR McLEOD FURTHER STATED, "I THINK THE WHOLE MOTION IS WHAT WE ARE TRYING TO DO HERE IS - ARE WE SELF-PROMOTING OURSELVES, THROUGH THE CITY, AS WE CONDUCT OUR OWN BASIC BUSINESS, I THINK THAT IS WHAT WE ARE GENERALLY TRYING TO GET TO THE BOTTOM OF, ANTHONY; AND I THINK THAT IS WHAT YOU ARE REALLY BEING ASKED TO FIND OUT." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. Attorney Garganese advised the City Commission that "I will put together some questions, based on the information that you have provided, and you can tweak them at the next meeting." VOTE: (ON AMENDMENT) COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 27 OF 32 VOTE: (ON MAIN MOTION) COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR D. Office Of The City Clerk Requesting That The City Commission Of The City Of Winter Springs Consider The Attached Resolution Number 2001-04 Which Sets Forth A Suggested Format And Style For All City Commission Meeting Minutes And Advisory Board And Committee Meeting Minutes. (This Agenda Item Was Listed As Regular Agenda Item "A" On The February 26, 2001 Regular Meeting Agenda, But Was Postponed To This Meeting.) "MOTION TO APPROVE RESOLUTION." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR E. Community Development Department Requests The City Commission Consider Adopting Resolution Number 2001-07 Amending Resolution 600, Section II J Dealing With Consulting Fees. Mr. Carrington introduced this Agenda Item. "MOTION TO APPROVE RESOLUTION NUMBER 2001-07." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26,2001 PAGE 28 OF 32 VOTE: COMMISSIONER GENNELL: NAY DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION DID NOT CARRY. Commissioner Martinez departed at 12:01 a.m. "I'LL MOVE TO EXTEND THE MEETING FIFTEEN (15) MINUTES." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR F. Commissioner Michael S. Blake Is Asking That The City Commission Consider His Request For Additional Funds, As He Has Reached (And Exceeded) The Appropriated Amount Of $2,000.00 Under Line Code 1100-54010 (Travel & Per Diem). Deputy Mayor McLeod stated, "I'd be more than happy, for the' reasons spoken by Mr. Blake, to allow Commissioner Miller and Commissioner Blake use funds from my account, to cover the expenses they have had, and to continue to draw off of that account, if necessary, until it is gone." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE 29 OF 32 Manager McLemore added, "That still won't cover us though;" Discussion. COMMISSIONER GENNELL SUGGESTED, "THAT WE GIVE EACH OF THE COMMISSIONERS, AND THE MAYOR $2,000.00 MORE AND AMEND THE BUDGET. CAN WE DO THAT?" MANAGER McLEMORE STATED, "SURE APPROPRIA TION." A SUPPLEMENTAL COMMISSIONER GENNELL THEN SAID, "OKAY, THAT WOULD BE MY SUGGESTION - AND WE REVISIT IT WHEN WE DO THE BUDGET HERE IN ANOTHER COUPLE OF MONTHS." DEPUTY MAYOR McLEOD STATED, "I THINK WHAT I WOULD LIKE TO DO, RATHER THAN SAY EACH COMMISSIONER, $2,000.00, I THINK I WOULD LIKE TO PUT A GENERAL FUND DOWN HERE OF $10,000.00 FOR THE REMAINING OF THIS YEAR, FOR ALL COMMISSIONERS TO DRAW OFF, AS THEY SHOULD GET CLOSE TO OR RUN OVER THEIR BUDGETS." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. MAYOR PARTYKA ASKED, "IS IT $10,000 OVER AND ABOVE THE $2,000 PER?" DEPUTY MAYOR McLEOD AGREED THAT IT WAS AND EXPLAINED, "WE HAVE $12,000.00 HERE THAT WAS OUR ORIGINAL BUDGET, I'M SAYING WE ANTE UP ANOTHER $10,000.00 THAT'S IN A GENERAL BUDGET FOR THE COMMISSIONERS AND THE MAYOR TO DRAW OFF FROM." VOTE: COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. In other business, Manager McLemore advised the Commission of the City's first hand gun case today at the Middle School. Mayor Partyka added, "The gun was empty." Manager McLemore agreed. Manager McLemore then explained that Tom Grimms, Comprehensive Planning Coordinator "Was to be here tonight, to present these items." Manager McLemore then added that "He did not show up. This was his last day." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 30 OF 32 Regarding actions of the DRC, Manager McLemore stated, "I'd recommend the Commission take that same class - as you're going to be sitting as the DRC." Manager McLemore stated, "I'd like to set that up with your approval." Mayor Partyka suggested, "Give them some dates - we're all agreeing." Manager McLemore also advised the Commission that "Your fund balance, the general fund was substantially higher than we had projected, that is mainly - because of a number of auditor adjustments, or journal entries that were made that shifted expenses from 2001, to 2000, that kind of thing. So, that doesn't necessarily mean we're going into the next year with a much larger fund balance than we had anticipated. We are in the process now of taking those final journal entries and projecting them through into this year, so that we know what it means in this fiscal year. Once we do that, then I can tell you whether it was as rosy as it looks." Mayor Partyka stated, "I just want to tell the Commission that we have now a continuation - and we have to do this at the start of the ,next Commission meeting, so we have some items that we still have to handle." Commissioner Gennell added, "Could I just ask that the next meeting, we consolidate - nobody wants to hear our reports at the beginning of a meeting, so just move our reports to the end - they can consolidate these issues into the next agenda. Mayor Partyka stated, "Okay. There is consensus here," Mayor Partyka stated, "Looking for a Motion to Adjourn." MOTION. SECOND. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at approximately 12:12 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS FROM THE REGULAR MEETING OF MARCH 26, 2001 WERE NOT HEARD AT THIS "MERGED" MEETING. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE310F32 III. CONSENT CONSENT A. Public Works Department Requesting Authorization To Piggyback Off Of The Seminole County Contract For The Design Of The Vistawilla Drive Traffic Signal. CONSENT B. Office Of The City Clerk Approval Of The Minutes Of The March 14, 2001 Special City Commission Meeting. IV. INFORMATIONAL INFORMATIONAL A. Parks and Recreation Department Notifying The City Commission Of The Department's Intent To Lease The Central Winds Parks Amphitheater And Parking Areas To The Cox Events Group/WMMO Radio Station For Its 3rd Annual Music Fest On Saturday, November 10, 2001. VI. REGULAR REGULAR B. Community Development Department Requests The City Commission Receive Information From TEl Engineers And Planners On The State Road 434 Access Management And Road Resurfacing Program. REGULAR C. Utility Department Requesting The City Commission Adopt Resolution #2001-09 Implementing Water Shortage Restrictions. REGULAR D. Not Used REGULAR E. Finance Department Requesting That The City Commission Approve The Government Services Group, Inc. (GSG) Contract For Both Oak Forest And Tuscawilla Lighting And Beautification District's Annual Administrative Assessment Services In The Amount Of $12,500.00 Each. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 32 OF 32 REGULAR F. Finance Department Requesting City Commission Approve The FY 2002 Budget Calendar. REGULAR G. Community Development Department Requests That The Commission Approve The Recordation Of The Plat And Supplemental Covenants For Parkstone Unit 3 VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat IV - Cindy Gennell REPORTS E. Commission Seat V - David W. McLeod REPORTS F. Commission Seat I - Robert S. Miller REPORTS G. Commission Seat II - Michael S. Blake REPORTS H. Commission Seat III - Edward Martinez, Jr. REPORTS I. Office Of The Mayor - Paul P. Partyka 1\ NO-C~: fhese minutes: we.<e approved at the April 9, 2001 City Commission Meeting.