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HomeMy WebLinkAbout2002 09 09 Regular G Waive Fees for Qualified Election Candidates .. .' COMMISSION AGENDA ITEM G Consent Informational Public Hearing Regular X September 9. 2002 Regular Meeting t\ " U ~/ Mgr. / Dept. Authorization REQUEST: City Manager requests the City Commission consider the issue pertaining to the waiving of fees for political signs for Qualified Election Candidates for the upcoming Election and possibly for all future elections. PURPOSE: The purpose for this Agenda Item is to determine whether the City Commission wishes to waive the fees for Qualified Election Candidates during the upcoming November 5, 2002 Election and possibly for all future Elections. CONSIDERATIONS: Resolutions: In researching the records of the City, only the following Resolutions were found, and each Resolution that was located only waived the fees for an individual Election. Resolution 462 was approved on September 25, 1984. This Resolution waived the permit fees for political signs for the 1984 Election. CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 REGULAR AGENDA ITEM "G" PAGE 2 on Resolution 578 was approved on October 12, 1987. This Resolution waived the permit fees for political signs for the 1987 Election. Resolution 792 was approved on September 9, 1996. This Resolution waived the permit fees for political signs for the 1996 Election. Resolution 830(-A) was approved on August 13, 1997. This Resolution waived the permit fees for political signs for the 1997 Election. No other Resolutions were located which waived fees for political signs. Minutes: Although all Minutes from 1959 to the present were not researched, the following Minutes (involving Election signage discussions over the last few years) were located: During the August 30, 1999 Regular Meeting, a Motion was approved which waived the "sign fees and permitting" for the 1999 Election. At the July 24, 2000 Regular Meeting, discussion regarding political signs was followed by a suggestion that a Resolution be provided to the City Commission. Remarks were made during the September 25,2000 Regular Meeting, and an excerpt from this Meeting is also included in this Agenda Item. At the October 30, 2000 Regular Meeting, discussion covered political signs and what to do with any signs that were picked up. FUNDING: None. RECOMMENDATIONS: The City Commission is recommended to determine the following: 1) Does the City Commission wish to make a Motion to waive the permit fees for all candidates for the November 5, 2002 Municipal Election only? CITY Of WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 REGULAR AGENDA ITEM "G" PAGE30F3 And/or 2) Does the City Commission wish to have a Resolution brought back for their review which waives fees for all future candidates and Elections? If so, please provide direction to Staff as to what should be included in the Resolution ATT ACHMENTS: A. Resolution 462, approved on September 25, 1984 Resolution 578, approved on October 12, 1987 Resolution 792, approved on September 9, 1996, Resolution 830(-A), approved on August 13, 1997 B. An excerpt from the August 30, 1999 Regular Meeting Minutes C. An excerpt from the July 24,2000 Regular Meeting Minutes D. An excerpt from the September 25,2000 Regular Meeting Minutes E. An excerpt from the October 30, 2000 Regular Meeting Minutes COMMISSION ACTION: ATTACHMENT "A" \ RESOLUTION NO. 462 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, WAIVING T~{E PERMIT FEES FOR SIGNS FOR CANDIDATES FOR THE NOVEMBER 6, 1984 ELECTION; CONFLICTS AND EFFECTIVE DATE. WHEREAS a_Hunicipal Election will be held this year on November 6, 1984 and a General Election will be held on the same date; and WHEREAS the City Commission deems it to be in the best interest of the City and the general public to waive the fees for signs for all candidates in the November 6, 1984 election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The City Commission of the City of Winter Springs, Florida, hereby waives the fee for political signs for all candidates in the November 6, 1984 election. SECTION II - This Resolution shall remain in force and effect until November 6. 1984. SECTION III - All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. SECTION IVi_ This Resolution shall take effect 9/25/84 PASSED and ADOPTED this ~day of Sept. . 1984. CITY OF \HNTER SPRINGS, FLORIDA J~ ATTEST: ~ ~U~ CITY C~ RESOLUTION NO. 578 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, WAIVING THE PERMIT FEE FOR SIGNS FOR ALL CANDIDATES FOR ANY NOVEMBER 3, 1987 BALLOT ISSUE; CONFLICTS AND EFFECTIVE DATE. WHEREAS a municipal election will be held in the City of Winter Springs on November 3, 1987, and WHEREAS the City Commission deems it to be in the best interest of the City and the general public to waive the permit fee for signs for all candidates for any November 3, 1987 ballot issue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I _ The City Commission of the City of Winter Springs, Florida, hereby waives the permit fee for signs for all candidates for any November 3, 1987 ballot issue. SECTION II _ This Resolution shall remain in force and effect until NOvember 3, 1987. SECTION III _ All Resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. SECTION IV - This Resolution shall take effect 10/12/87 Passed and adopted this 12th day of October, 1987. FLORIDA ATTEST: ~~~~ CI Y CLERK RESOLUTION NO. 792 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, W AlVlNG THE PERMIT FEES FOR SIGNS FOR CANDIDATES FOR THE NOVEMBER 5, 1996 ELECTION; CONVLICTS AND EFFECTIVE DATE. WBEREAS, a Municipal Election will be held tllis year on November 5, 1996 and a General Election will be held on the same date; and WHEREAS, the City Commission deems it to be in the best interest of the City and the general public to waive the fees for signs for all candidates in the November 5, 1996 election, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION 1: The City Commission of the City of Winter Springs, Florida, hereby waives the fee for political signs for all candidates in the November 5, 1996 election, SECTION II: This Resolution shall remain in force and effect until November 5, 1996. SECTION ill: All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed, SECTION IV: This Resolution shall take effect September 9, 1996. PASSED AND ADOPTED this ~~ day oL.)~~~..J ,1996. CITY OF WINTER SPRmGS, FLORIDA /"./:? ,~p; "f./'~ . .' ATTEST: ~-'~ ';l;-~ CITY LERK .t'~~. RESOLUTION NO. 830 -A A RESOLUTION OF THE CITY OF WINTER SPlUNGS, FLORIDA, W AlVfNG THE PERMIT FEES FOR SIGNS FOR CANDIDATES FOR THE NOVEMBER 4,1997 ELECTION; CONFLICTS AND EFFECTIVE DATE, WHEREAS, a Municipal Election will be held this year on November 4, 1997; and WHEREAS, the City Commission deems it to be in the best interest of the City and the general public to waive the fees for signs for all candidates in the November 4, 1997 election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WfNTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION 1: The City Commission of the City of Winter Springs, Florida, hereby waives the fee for political signs for all candidates in the November 4, 1997 election, SECTION II: This'Resolution shall remain in force and effect until November 4, 1997. SECTION III: All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed, SECTION IV: This Resolution shall take effect September 9, 1997, r;j PASSESANDADOPTEDthis /J day of ~ ,1997. CITY OF WINTER SPRINGS, FT~9RIDA ", , I . , ATTEST: ~~.~ CITY CL RK ATTACHMENT "B" CITY OF WrNTER SPRINGS MrNUTES CITY COMMISSION CONTINUA nON OF THE AUGUST 23, 1999 REGULAR MEETrNG HELD ON AUGUST 30, 1999 Page 9 of 11 Commissioner Martinez advised the Commission that the City still needs to make another appointment to the Regional Planning Council. Commissioner Martinez read a document into the record (see Attachment "A"). Tape 2/Side A Commissioner Martinez next spoke of a sub-conference at the recent Florida League of Cities Annual Conference, regarding the relationship between City Managers and Commission Members. Commissioner Blake asked Manager McLemore if he had been instructed to provide the Commission with information from all of the Development Review Committee meetings, and Manager McLemore agreed that he had been doing this with any procedural and important meetings and, in addition, information has been provided to the Commission in the monthly reports. There was much discussion in reference to informing the Commission of projects that are "In the works". In response to the Commission's concerns, Manager McLemore stated that he was going to develop a "matrix type" report, to be given to the Commission at their Regular Meetings, that will give the Commission the status of every project that the City knows about. The Commission was in agreement. H. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell spoke about waiving political sign fees and permits; whether the regulations should be waived, as well; and how the new State Road 434 Corridor Vision Plan will affect the sign regulations. Discussion. "I MOVE THAT WE WAIVE THE SIGN FEES AND PERMITTING FOR POLITICAL SIGNS DURING THIS UPCOMING ELECTION PERIOD, IN THE CITY OF WINTER SPRINGS". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR GENNELL CLARIFIED, "THAT'S NOT TO SAY THAT PEOPLE VIOLATE THE REGULATIONS, BUT THEY DON'T HAVE TO PUT THE PERMITS ON OR PAY THE FEES AND ALL THAT. THEY STILL HAVE TO ADHERE TO WHATEVER THE REQUIREMENTS ARE AS FAR AS SETBACKS, AND SO FORTH". Attorney Guthrie also clarified, "If they put them in right-of-ways, and in medians, and that sort of thing, they'll be snatched up. So the regulatory aspects are still in force". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30, 1999 Page 10 of II There was continued discussion on waiving the sign fees; permits; regulations; and what has been done in the past; and how the State Road 434 Corridor Vision Plan will affect political signs, DEPUTY MAYOR GENNELL ADDED: "ONTO MY MOTION, I WOULD MAKE THE SPECIFIC TIME FROM SEPTEMBER 15TH, WHICH IS THE END OF QUALIFYING, TO NOVEMBER 4TH. THAT'S MY' MOTION". DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Commissioner McLeod made the announcement that he would not be running for the Mayor's seat. I. Office of the Mayor - Paul P. Partyka Mayor Partyka addressed his -responsibilities per the City's Charter; and voting at the recent Florida League of Cities Conference. Mayor Partyka nominated Commissioner Martinez as the City's Representative to the Regional Planning Council. Commissioner Martinez accepted. Mayor Partyka asked the Interim City Clerk to complete any necessary paperwork. Mayor Partyka asked about the status of parliamentary procedures. Mayor Partyka agreed to summarize the changes in a Memorandum and bring it back to the Commission Mayor Partyka spoke about starting the process for a permanent City Attorney. His plans are to give information about the nominee(s) for the Acting City Attorney to the Commission and to have the matter resolved at the September 13, 1999 City Commission Regular Meeting; along with the process of selecting the permanent City Attorney and City Clerk. There was much discussion between the Commission and the Mayor regarding the appointments of a permanent City Attorney and a permanent City Clerk. The Commission urged the Mayor to appoint a permanent City Clerk. Commissioner Martinez asked Attorney Guthrie to research if the Commission ,can "override this obstacle". Attorney Guthrie agreed to look into this and spoke regarding appointing a permanent City Attorney and City Clerk. ATTACHMENT "C" CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2000 PAGE 13 OF 15 MANAGER McLEMORE STATED, "LET'S SEE HOW MUCH WE GET AT AUCTION, THEN I'LL COME BACK TO YOU." VOTE: AYE: BLAKE/GENNELL/MARTINEZ/McLEOD. NAY: MILLER. MOTION CARRIED. Deputy Mayor Gennell then spoke about the $400.00 received from the bicycle auction at the Fourth of July celebration and stated, "I would like to authorize the Chief to use that toward bicycle helmets for the police officers to distribute in some manner they deem appropriate." Discussion. Deputy Mayor Gennell further stated that she was speaking with the head of the DOT Safety Board in Tallahassee, who explained that "There are always programs for bicycle helmets - for Police Officers." Deputy Mayor Gennell suggested that we "Could apply for some of those Grants for bicycle helmets - however they do it, and manage to distribute them to kids." Chief Kerr added that, "The money went back into the General Fund to be utilized for whether it is the youth organization or helmets - or whatever the Commission decides." Chief Kerr further said, "We will apply for those Grants. We have in the past, and we've' gotten quite a few from the State." Deputy Mayor Gennell then said that "There appears to be a number (six or eight) of large van trucks in the 'Badcock' parking lot, and asked if "We could have someone check it outT..,..." Deputy Mayor Gennell then asked about the status of the minutes dealing with the "Shore, Road and Baptist Church" issue, which were recently requested by Commissioner Blake. Deputy Mayor Gennell stated, "I want to refresh my memory on what our discussion was, a couple of years ago, on this Commission, about connecting or not connecting Shore Road, and what the particulars were." Manager McLemore asked Mr. Richard Greenwood, Assistant to the City Manager, about the status of this issue and stated to Mr. Greenwood, "Let's make sure that gets out tomorrow. " Commissioner Martinez asked Chief Kerr if "The officers that ride the bikes - are they exempt from the helmet law." Chief Kerr stated, "No." REPORTS I. Office of the Mayor - Paul P. Partyka Mayor Partyka read a proclamation on the "Americans With Disabilities Act," into the record, (Attachment "A.") CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2000 PAGE 14 OF 15 Mayor Partyka stated that "This Dyson Annexation handout that you have here - with the benefits and features - this is excellent!" Mayor Partyka asked "How soon will we have a consistent presentation on annexation?" Manager McLemore and Mr. Greenwood explained that there is an R.F.P. out on public relations material, due - and we are out on R.F.P." - Mr. Greenwood added that it is "Due in at the end of the month - to develop a marketing brochure." Mayor Partyka stated that he was "Glad to see that we've got this contract on D.O.T. about Vistawilla - that we're authorized for a light." Mayor Partyka mentioned the waiving of political signs," and suggested that "Anyone that qualifies, they have already authorized political signs. Would that help the permit process, as soon as you qualify." Mayor Partyka further stated, "Why not do this early on and just allow anybody," and then said, "That's an opinion that I would like to see incorporated, not necessarily today, but maybe at some point of time in the future - hopefully at the next Commission meeting." Commissioner Blake added, "Mayor, we have an Ordinance on the books that is in conflict with federal law, I believe - a constitutional case." Commissioner Blake further' stated, "From my standpoint, if people want to put up political signs, as long as they are on private property, there is not a lot we can do about it." Mayor Partyka, added" '1. helie\!e.we. have..a. process, in, place, 7:--theY~Ie..suppose.cL to .get _a, _ _ _ _ _ ._ permit, and we waive the fees, and all kinds of other things like that. My position is this - only, if there is something in conflict, let's clean it up, or let's do something that is consistent with what the Constitution says." DEPUTY MAYOR GENNELL STATED, "I'D BE WILLING TO MAKE A MOTION TO ASK THE CITY ATTORNEY TO BRING US BACK A RESOLUTION THAT WOULD ACCOMPLISH WHAT YOU MENTIONED." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL CLARIFIED, "THAT'S MY MOTION - AN ORDINANCE." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: AYE: McLEOD/GENNELLIMARTINEZ/MLLERlBLAKE. MOTION CARRIED. VIII. ADJOURNMENT "MOTION TO ADJOURN. MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. ATTACHMENT "D" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2000 PAGE 3 OF 18 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. II. PUBLIC INPUT Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: spoke on the matter of Board Members serving on two (2) City boards; and the regulations regarding sign violations. Commissioner Martinez said, "I'd like to state for the record that I have been one that has been pursuing this sign business for a long time and it is not only a Homeowner Associations' signs out there, there are also political signs on the right-of-way all over the City in Winter Springs and I have complained many times about them, including right down - the next door from here - City Hall including right smack out on the edge of the curb - by the curb. And I think that the law should apply equally to everyone and if signs are going to be removed, they are to be removed for all, and not just for one." Mr. Greg Roero, 602 Silvercreek Drive, Winter Springs, Florida: asked about the trees on Hayes road, and inquired ifthere would be more. Manager McLemore spoke of what had been done. Commissioner Martinez stated, "Some of the folks are concerned about, not only the trees there, but the extension of the sidewalk - they say the sidewalk was to reach a certain point and then it stopped, and they are trying to find out if you're going to extend the sidewalk beyond the point that which has ended presently?" Manager McLemore replied, ''Not in this year's budget. It's something we can look at next year." Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: asked why he was not receiving Commission Meeting Agenda packets, now that he has qualified for the upcoming election. Discussion. Deputy Mayor Gennell stated, "If someone will look back in the minutes, that it was determined to be policy that we're not going to furnish anything more than the public got, and that is all available out in the lobby." Deputy Mayor Gennell then stated, now if somebody - we can defer this until the next meeting and they can look up in the minutes, " ATTACHMENT "E" CITY OF WINTER SPRINGS AGENDA CITY COMMISSION SPECIAL MEETING - OCTOBER 30, 2000 (CONTINUA nON OF THE OCTOBER 23, 2000 REGULAR MEETING) PAGE 2 OF 12 REPORTS C. City Clerk - Andrea LOlI"enzo-Luaces The City Clerk asked if the Commission would be interested in purchasing some note cards, with either the City's name and/or seal on them. With discussion by the Commission, Mayor Partyka summarized that "So nothing under the City's standpoint, and if a Commissioner wants to use it, they can get it on their own expense report." The City Clerk also inquired if a time could be arranged to have photographs of members of the Commission and the City Manager taken for the City's Web Site? It was suggested that individual photographs could be scanned in, and Commissioner McLeod agreed with Deputy Mayor Gennell and suggested, "Have them available at the next meeting, and take photos, and be done with it." Commissioner McLeod added, "I would suggest one thing though, as I do think it is important, because we haven't done this - I think what you should have is your seated Commission, and Mayor perhaps posted over on this other wall, so that the people know - and perhaps the City Manager and City Attorney." Commissioner Miller commented that, "It may be appropriate to delay the photograph until November the 8th." Mayor Partyka added, "We should have photos of the Commissioners up there, and the Mayor and group shots and individuals - and I think it's nice also to put Staff together and I think it's a nice touch." REPORTS D. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez stated, "For the record, I don't know where the gold is hidden here in Winter Springs, but there have been low-level gutter type politics taking place in this City; and I for one wish that somehow it would end." Commissioner Martinez also mentioned numerous political SIgnS of his have been removed from private property. REPORTS , E. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell commented that in regards to comments made that 'Deputy Mayor Gennell was removing political signs', Deputy Mayor Gennell stated, "I would appreciate it if people quit making unsubstantiated allegations against me." , . CITY OF WfNTER SPRfNGS AGENDA CITY COMMISSION SPECIAL MEETfNG - OCTOBER 30,2000 (CONTfNUA TION OF THE OCTOBER 23,2000 REGULAR MEETING) PAGE 3 OF 12 Deputy Mayor Gennell also asked that some kind of a central location be agreed upon for signs that are picked up by City staff members. Mayor Partyka clarified, "We've given instructions to the City Manager to basically tell Public Works, or whomever - to just hold them." Manager McLemore said that he would check on space at City Hall where these signs could be held, for 24 hours. Deputy Mayor Gennell announced that "The much anticipated and long awaited Shepard Road sidewalk (71.2 feet) is currently being installed." Deputy Mayor Gennell also reminded everyone that there is a Council of Local Governments in Seminole County (CALNO) Meeting at the City of Lake Mary, on Wednesday. REPORTS F. Commission Seat V - David W. McLeod No report. REPORTS G. Commission Seat I - Robert S. Miller No report. REPORTS H. Co'mmission Seat II - Michael S. Blake Commissioner Blake inquired if the City needed a City Canvassing Board. City Clerk Lorenzo-Luaces answered that Seminole County was handling this and all other aspects of the Election. Commissioner Blake also inquired about considering an "Audit of our franchise fee receipts?" Manager McLemore said that this is currently in progress. Deputy Mayor Gennell asked that Attorney Garganese further investigate the City's Charter and any requirements that we name a City Canvassing Board. REPORTS I. Office of the Mayor - Paul P. Partyka Mayor Partyka asked for a Status report on the Fire Department Contract. Manager McLemore stated that "We've been waiting for them to take a vote inside on our contract."