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HomeMy WebLinkAbout_1998 03 09 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION MARCH 9, 1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:33 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell' present City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, present David McLeod, present MAYOR PARTYKA ANNOUNCED THAT THIS PORTION OF THE MEETING IS A CONTINUA TION OF THE MARCH 2, 1998 MEETING (which was continued from t.he February 23, 1998 meeting). Mayor Partyka stated that before this meeting was closed two people had to give their reports and they were COrrunlssioner Gennell and himself and will finish the remaining portion and then start the Regular Meeting of March 9, 1998. Commission Seat IV - Cindy Gennell: Commissioner Gennell stated that at the last meeting she had asked for a couple of things and one thing is on the April 20, 1998 workshop she would like to add to the agenda and said she would like to workshop the Arbor Ordinance (Ord. No. 675) and said she would also like to have a discussion on Commission Policy and Procedures. Commissioner Gennell stated that for the past few months the Mayor and Commission have been at a sort of a "tug of war" over whether or not the Mayor had the power to terminate the City Clerk or the City Attorney, whether it was given to him (Mayor) under the Charter or not. At the last meeting the Mayor gave a lengthy discussion on citing legal cases and legal president for why he should in fact be able to fire the City Attorney (in this case). Commissioner Gennell stated that the Mayor mentioned some Court rulings and the Commission asked the Mayor for a list of those and said that the City Attorney has looked at them and says that they really don't apply and stated that in so much as the Mayor took the liberty to look at some of those things, she did also. Commissioner Gennell said the information that the Mayor gave the Commission are old and come from 1900, some from 1839, one had already been reversed by a higher Court; the Mayor's point was that the power to hire carries with it necessarily the power to remove. Commissioner Gennell said she doesn't think there is an argument here on the Commission relative to that issue, and said it is a common sense issue. Commissioner Gennell said some of the Commissioners wanted the Court to issue a ruling on it and that gets expensive and said before the Commission went that route, she wanted to see if this could be resolved a little more simply. One comment from the Mayor was the general powers (quoting the Charter) shall be vested in the Commission, except as other wise provided by law or this Charter; another statement is "his responsibilities as Mayor, is to serve the people who elected him" and Reeular Meetine City Commission March 9.1998 97-98-24 Paee 2 Commissioner Gennell stated that she agrees with that. Commissioner Gennell said the Mayor stated that he has been empowered to act and said that she doesn't agree with that. Commissioner Gennell in the City's Charter under Article IV mentions the Mayor and the City Commission as two distinctive separate things and it states that there shall be a City Commission of five voters of the City at large. Commissioner Gennell said the Commission is five voters and states that there is six people sitting here on the dias; the Charter goes on to say that the Mayor shall act and serve as a Chairman of the City Commission and said it does not say that he becomes a member of the City Commission, he shall act and serve as Chairman of the City Commission, shall be the Chief Executive Officer of the City, shall preside at its meetings, and shall be recognized as head of the City Government for all ceremonial purposes, and be Governor for purposes of military law. Commissioner Gennell said it goes on further to say that all powers of the City shall be vested in the Commission. Under City Clerk, which we have two positions, the City Clerk and the City Attorney that are at issue, and explained that every one else is under the City Manager and the City Manager is directly under the City Commission. Commissioner Gennell said there is not a dispute about how the Commission hire the City Manager or how the Manager is fired, it is deliberately set forth in the Charter; the things that are vague are the Clerk and the City Attorney. Commissioner Gennell went on to say that under the City Clerk it says the Mayor shall appoint, and said that is the key word; the Mayor shall appoint an officer of the City who shall have the title of City Clerk and who shall be approved by the City Commission. - that is the conditions upon which the Mayor can appoint the City Clerk and said it makes no reference to termination. Commissioner Gennell went on to say under Administrative Department it lists City Attorney and says "there shall be a City Attorney appointed by the Mayor and approved by the City Commission, who shall represent the City in all legal proceedings and shall perform all other duties assigned to him by the City Commission. Commissioner Gennell noted that the word appointed is again stated, and said it carries a condition with it. Commissioner Gennell read the meaning of the word appoint from the Webster's 20th Century Unabridged Dictionary. Commissioner Gennell reviewed cases from Florida Supreme Court regarding appointing authority. Commissioner Gennell sited Mcquillin on Municipal Corporations, which is the "bible" on Municipal Corporations. Attorney Guthrie said it is encyclopedia that gathers law for municipal bodies. Mayor Partyka cautioned Commissioner Gennell that this issue is going to Court. Commissioner Gennell continued to cite cases from Mcquillin and the Florida Supreme Court. Commissioner Gennell said in her opinion this has already been looked at and in view of the things she just cited and the cost of going to Court that this could create she would like to make a motion. Motion was made by Commissioner Gennell that the City Commission finds that the Charter does not give the Mayor the power to fire the City Attorney or the City Clerk and that the Commission makes that finding in the form of a Resolution. Mayor Partyka said with due respect Reeular Medine City Commission March 9. 1998 97-98-24 Paee 3 the motion is out of order, that it is totally against the Charter and what Commission Gennell is recommending is in effect to change the Charter. Commissioner Gennell said the Charter says that we interpret our own Charter, that we provide for administration, our own rules and the operations of our City Commission; the motion is on the floor and it is in order. Mayor Partyka said Commissioner Gennell is talking about changing an implied law as stated in the Charter and again that was the whole point of why it's going to Court; if the Charter says that in his power of appointment it implies removal and is what Commissioner Gennell has said a number of times in her discussions, then that power is very clear that he does have the power to terminate. Commissioner Martinez called for point of order, and said we have an Attorney here and the Attorney can decide whether Commissioner Gennell's motion is legal or not and said the Mayor is not an Attorney he is the Chairman of this Commission and said it is up to the Attorney to render a decision as to the legality of the motion at this time. Commissioner McLeod seconded the motion that was made by Commissioner Gennett. Mayor Partyka stated that he ruled that the motion was out of order, because Commissioner Gennell's motion is trying to change the Charter. Attorney Guthrie said the City Charter says that an item can be brought up at a regular meeting, and a Resolution under State Law is an expression of the governing body concerning matters of administration, and is a temporary matter so it does not have to have advertising requirement. Commissioner Gennell said she was trying to make the distinction between the authority to nominate and the power to appoint, they are two different things and said she is willing to concede that there can be some misinterpretation of the verbiage, a matter of semantics but the Charter is very clear that all powers rest with the Commission. Mayor Partyka said unless there is a law is other wise, or unless specified directly in the Charter, and said that is the whole issue, we've outlined this case before and that is why it is going to Court. Commissioner Gennell said she doesn't want the City to go to Court and pay for what this Commission can determine is their position; then anybody is in disagreement with what this Commission deems, since the Commission has all the power on the Commission, then that person or persons can bear the expense, rather than the taxpayers of this City. Mayor Partyka, said another point of order, the Commission can not interpret the Charter, the only people can define the Charter are the people in a referendum. Attorney Guthrie said the Charter specifically says what must be introduced by Ordinance and this is not a matter that must be introduced by Ordinance, according to the list of items that are set forth in the Charter, so it can be brought up by Resolution which does not require advanced advertising. Mayor Partyka said a Resolution in effect undermines the basic intent of the Charter, wouldn't you say that would be out of order. Attorney Guthrie said that's been the disagreement between the Mayor and Commission. Mayor Partyka said that is the point. Commissioner Gennell wanted to cite from Section 4.02. Mayor Partyka said he is ruling on a point of order at this time and said that is the crux of this issue - the legal meaning of the Charter, that is why we are going to Court, so from a point of order, if we are talking about a Resolution to define what the Charter says and that point of contention is different isn't the motion our of order. Attorney Guthrie said the Resolution arguable could draw the issue between the two sides. Commissioner Gennell quoted from Section 4.06 of the City Charter, General Powers and Duties and said for that reason she is sure the Resolution is in order because we are spelling out performance of duties. Mayor Partyka said again point of order, Commissioner Gennell stated this very clearly, and Mayor Partyka read a portion of Section 4.06 of the Charter and said the issue is the Charter states very clearly to him in legal terms and to others, what this law is and what the Charter is that's the point, Reeular Meetine City Commission March 9.1998 97-98-24 Paee 4 we are not talking about duties, we are talking about a Charter Provision as given to him, as Mayor, and Commissioner Gennell has mentioned a number of times that incident to the power of appointment, which is what he (the Mayor) has, he is the appointing authority, is the power to remove and said that's been the issue here, he is not talking about duties, but there are several issues here that are point oflaw and that is why the Commission here said, let's go to Court and get what the legal definition is, and that is the point, not the duties; so going back, the Charter, other wise other than the Charter or the law, the law and the Charter provide him as Mayor, the power to terminate along with his power to appoint. Mayor Partyka said this issue has come up again a number of times, we have voted on this as a Commission to take this to Court, we can't do anything more than that, it's going to Court, then we'll clarify what the definition of this Charter is, we are not lawyers here to interpret; the key is this Commission already voted, by motion to go to Court to get a clear definition of what the Charter is, what his power as Mayor is, what the Commission's power is, not interpretations. Mayor Partyka said he is not here to interpret the Charter or the Commissions, it is not their job, our job is to follow the Charter, now the Court will tell us that. Commissioner Gennell said she has a motion on the floor and it has been seconded and said there are a few Commissioners who want to address it and it encompasses the potential for costing the City a lot of taxpayer money unnecessarily and said she thinks we should hear from the other Commissioners. Mayor Partyka asked Commissioner Gennell to repeat her motion. Commissioner Gennell said she moved that the City Commissioners find that the Charter does not give the Mayor the power to fire the City Attorney or the City Clerk and that the Commission makes that finding in the form of a Resolution. Mayor Partyka stated the motion is still out of order, Commissioner Gennell has already stated her position on record before that she disagrees with him and that vote was 5 to 0 and that was three or four Commission meetings ago, so this in effect a redundant position, nothing has changed. Commissioner Martinez said the Attorney has ruled that Commissioner Gennell's motion for a Resolution is in order and the Mayor has no .cause to rule it illegal. Mayor Partyka said he did not rule that it was illegal, he ruled that it was out of order for two specific reasons, (1) it goes against the definition of a Charter, which says it's against the law to do that and (2) the Commission has already ruled on this and the Commission has already resolved, on record, that the Commission disagrees with the position he (Mayor) takes and what Commissioner Gennell right now is repeating what is already on record. Commissioner Martinez said the Attorney has rendered a decision and there is a motion on the floor. Mayor Partyka said what he is saying is that this has already been recorded, it is exactly the same motion that the Commission has already moved on. Commissioner Gennell said except it is in the form of a Resolution. Mayor Partyka said he will accept the Resolution. Discussion on the Motion. Commissioner Martinez said he cannot understand why the Mayor Relwlar Medine City Commission March 9. 1998 97-98-24 Paee 5 is obstinate on this issue because this is a simple matter, that the six of us can intelligently could bring it to a solution without the need of a Court case. Commissioner Martinez stated that at his first meeting this subject came up and there was a vote for a vote of confidence for the City Attorney until this issue could be resolved intelligently and said that passed 5 to O. Commissioner Martinez said the Mayor does have the right to appoint but the Charter also says that it has to be confirmed by the Commission and based on the City Charter Chapter 4.06, the Commission had the right to decide whether the firing is legal or illegal and the Commission has a right to vote to either sustain the firing or deny the firing. Mayor Partyka asked Commissioner Martinez if he is saying that the Mayor has the right to fire. Commissioner Martinez said the Mayor has the right to make the announcement that he is firing but the Commission has the right to say whether it stands or it fails, the Commission has the right to vote on the Mayor's firing, as same as when the Mayor makes his appointments and said the Commission has the right to say "no" on a majority basis or "yes" on a majority basis. Commissioner Blake said he thinks the issue is very clear and easy to understand and said he doesn't think the Commission should spend taxpayers dollars to go to Court on something that is quite clear an obvious. Commissioner McLeod said the key thing here that is being overlooked is strictly as Commissioner Martinez has pointed out (and other Commissioners) Section 6.02 City Attomey, states there shall be a City Attorney appointed by the Mayor and approved by the City Commissioner. Commissioner McLeod said the Mayor is taking the point that he has the right to appoint therefore he has the right to fire and said that the Commissions position in the Charter is that the Mayor has the right to appoint, the Mayor has the right to voice an opinion to fire but the same as the Mayor's right to appoint, it has to be approved by the City Commission; therefore the firing of the City Attorney would also be approval by the City Commission. Commissioner McLeod said because it would give an individual full power over those people's (Attorney and Clerk) destiny and said he doesn't think in any way in the Charter, that that is the intend of the Charter. Commissioner McLeod said in everything else, it requires a 4/5 or 2/3 vote to make a decision and said he disagrees with the Mayor but said he would like the maker of the motion to include in the motion that the reason is by approval to approve or approval to dismiss by the Commission. Commissioner Gennell said she will amend her motion to add that statement. Commissioner McLeod seconded the amendment. Commissioner Gennell reread the motion: "Motion was made by Commissioner Gennell that the City Commission find that the Charter does not give the Mayor the power to fire the City Attorney or the City Clerk without the approval of the Commission and that the Commission makes that finding in the form of a Resolution. Seconded by Commissioner McLeod. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner McLeod said the Commission is going to look into the Charter in the future, and urged the Commission to take a strong look at the Mayor's position regarding the City Attorney and City Clerk that and look at the disparity that we have in our Charter to give an individual the thought process that they may have the right under themselves to make decisions and said the Commission Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 6 needs to look at that to correct that so there is no misinterpretation in the future. Commissioner Gennell thanked the audience for their indulgence, and said it is important to remember that our whole government is based on a system of checks and balances and as Commissioner McLeod said it is inconceivable that you would have a City Attorney or City Clerk nominated by the Mayor and confirmed by the Commission and in two or three weeks down the road, they would make some sort of decision or take some sort of an action in the capacity of their employment that would aggravate or enrage a Mayor and then your gone; then we go through the process of appointing and confirming again. Commissioner Gennell said she thinks it's inconceivable that the Charter would have considered that much power, with the potential for abuse to be in the hands of anyone officer in this City. Mayor Partyka said a minor point, the Constitution allows the President, currently, to appoint with advise and consent of the Senate, exactly the same terminology and this is why all these Charters are based on the Constitution and all power of appointment implied to that is the power to remove, and said that has been stated many times. Mayor Partyka said the whole point of this issue is, like the President who has the power to appoint and terminate his Cabinet, that is what this Charter gives him. Mayor Partyka said the whole point of this is why it's going to Court, so we get a full clear interpretation on this. Mayor's Office - Paul P. Partyka: Mayor Partyka stated that he has a letter from Gene Williford, City Manager of Oviedo, on meeting on working out a negotiating schedule for the two Cities relative to the establishment of a T.P.A. agreement and asked what needs to be done. Manager McLemore said we had talked and he said he would get with Mr. Williford and work out a means by which we would do this discussion. Mr. Williford took that to his Commission and they denied it and said they were not interested in pursuing that at this point in time. Manager McLemore said as Mr. Williford explained to him, at the end of their discussion on of the Councilmen asked that the two Mayors could get together and have some discussion about this on how we would precede and then the Oviedo Council agreed. Manager McLemore said the question is what does this Commission (Winter Springs) desire to do; to authorize the Mayor to talk to the person appointed which is the Chairman of the Oviedo Council to talk about how we ought to proceed or suggest maybe the Mayor and the two City Managers and their Chairman can do that, or do nothing. Manager McLemore said he knows that County Commissioner Morris is trying be active to try and mediate between the two groups and pull some kind of agreements together. Manager McLemore said the County has forwarded to us, which we are evaluating now, a type of agreement and said he thinks they forwarded the same recommendation to the City of Oviedo on the basis that they would like for both of us to sign that agreement as a way of getting the process started. Manager McLemore stated that he just received it and hasn't had time to bring anything to the Commission, it has a lot of issues in it and we were possibly going to try and talk about that at the next meeting; but the question is how does the Commission desire to proceed at this point in time. Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 7 Mayor Partyka asked Manager McLemore what is his recommendation. Manager McLemore stated that his recommendation would be that if Mayor Partyka, the Oviedo Chairman, Gene Williford and himself to sit down to see if there is any way to get this going. Motion was made by Commissioner McLeod to have the City Manager and Mayor Partyka meet with Oviedo's City Manager and Chairman for the purpose of setting the ground rules for the meetings of the two Commissioners. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Blake: nay; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Mayor Partyka stated there was a point mentioned at the last Commission meeting by Commissioner Miller "that he (Mayor) made disparaging remarks about the western side of the City". Mayor Partyka stated that statement is wrong and elucidated what he spoke about in the State of the County Address. Mayor Partyka stated that he represents the whole City. Mayor Partyka closed the continuation of the February 23, 1998 meeting at 7:34 p.m. REGULAR MEETING OF MARCH 9, 1998 The Regular Meeting of the City Commission of Marcy 9, 1998 was called to order by Mayor Paul P. Partyka at 7:38 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, present David McLeod, present Mayor Partyka announced that the approval of the minutes of February 23 and March 2 will be postponed until the next meeting - March 23, 1998. Mayor Partyka announced agenda changes: Moving Regular Agenda Items D, E. J and I to the beginning of the Regular Agenda. Mayor Partyka stated the developer for Regular Agenda Item C has asked that the item be tabled until the next Regular Commission Meeting. Motion was made by Commissioner Blake to table Regular Agenda Item C until the March 23, 1998 Commission meeting. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner Miller: aye Commissioner Blake: aye. Commissioner McLeod was not present for the Vote. Reeular Meetine Citv Commission March 9. 1998 97-98-24 Paee 8 Commissioner Gennell announced that she has questions on Item C on the Informational Agenda. Commissioner Martinez announced that he has a question on Item A on the Consent Agenda. II. PUBLIC INPUT Stephen Dudra, 1094 Cheyenne Trail, President of the Tuscawilla Trails Homeowners Association, asked about tornado and/or other severe weather warnings and also where to take shelter. Mayor Partyka stated that the City Manager and Staff are reviewing the whole policy. Jeanne Rodeck, 1632 Tiverton St., President of the Carrington Woods Homeowners Association, stated that the City's paving project for Carrington Woods is for paving the entrance of Tiveton (2/3 of the street) and 2/3 of Carrington St. and asked why only partially pave the streets, why not pave all the streets. And requested that the Commission consider paving all the streets not just partially. Mr. Lockcuff stated that they use funds from the Transportation Improvement Fund and have to allot the money throughout the whole City and said when he brings the paving award bid to the Commission he can have that as a consideration. Manager McLemore said there is a criteria on which we use for repaving. Mr. Lockcuff said they do the worst streets first. David Meckstroth, 994 Papaya Lane and Sue Checefsky, 996 Papaya Lane, spoke regarding drainage problems and the erosion of the road and sidewalk in that area. They also showed the Mayor and Commission pictures of the problem area. Mr. Lockcuff stated that there may be funds left from the Transportation Improvement Fund to put underdrains in which could help the problem and mentioned that it would cost about $7,000. Commissioner Martinez mentioned that he went out to see the problem and stated that it appeared to him to be a serious situation. The water is slowly gushing from underground, coming up to the top and spilling out onto the curb, the street is cracking and said he was told that there is a pond to the rear of the properties which is City property and City maintained and said he was told that the pond has accumulated about a foot of pine needles at the bottom, causing the water not to drain properly and the water is draining laterally and said they think that is what is causing the water to come down and creating the problem and stated it is definitely a situation that needs to be looked at and repaired before someone is injured or something serious happens there. Mr. Lockcuff said he walked the property on Friday and said he is confident that the pond is not the source of the problem. Commissioner McLeod asked that Mr. Lockcuff go out to the area and evaluate the problem and come back with a budget and also report back to when the other project will be done and if there will Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 9 be money available to allocate to fix this problem. Manager McLemore said he will report back at the next meeting and if there is money left over he will expedite this to take care of the problem right away. Commissioner Miller asked if the City should post signs restricting heavy vehicles from roads that are stressed from the heavy rains. Commissioner Blake asked what does the City currently collect on our Stormwater Fees. Mr. Lockcuff said $300,000 per year. Commissioner Blake asked what is the charge per month. Mr. Lockcuffsaid $2.04. Manager McLemore said that is part of the rate study that we are talking about to look at that to carry this. In the overall Master Plan it talks about a Phase I and Phase II and the rate the City has now is a Phase I rate and we are suppose to look at a more intensive program in Phase IT so that rate study has been proposed and we could "feed" that into the rate study. Manager McLemore said we don't generate those kind of revenues currently. Commissioner Blake asked if the rate study is based on requirements of the fund. Manager McLemore said it is based on the needs of the fund. Joanne Krebs, 1002 Taproot Dr., mentioned that the Civic Association is working with the Red Cross for disaster relief Ms. Krebs also mentioned that she feels the Mayor is for the City. llI. CONSENT AGENDA Police Department A. Requesting the Commission review and approve the Seminole County Public Schools, School Resource Officer Agreement. PURPOSE: to provide the Commission with the Seminole County Public Schools, School Resource Officer Agreement between the School Board and the City to provide School Resource Officers at Indian Trails Middle School and Winter Springs High School: Commissioner Miller asked if the School was under the control of the County. Attorney Guthrie said the Schools are under the control of the School Board. Commissioner Gennell asked if the Police Officer assigned to the School is required to take a marked Police car to the School with them and park it there all day. Chief Kerr said yes, they currently have one Officer assigned to Winter Springs High and one to Indian Trails; they both take a patrol car to the school and park it in front. Chief Kerr said the School Board reimburses half of the Officers salary. Commissioner Gennell asked if the cars are used on other shifts. Commissioner Gennell said that we are fully equipping two police cars to park in front of the schools five days a week. Chief Kerr said that is correct, and last year the City obtained two used police cars from the Sheriff's Department (that they were going to surplus) for that purpose of using them at the school. Commissioner Blake asked why are we just getting the agreement now, this is for the year starting October 1, 1997. Chief Kerr said this is the time of the year the School Board sends it out. Commissioner Blake asked if the City is going to get the funding from the School Board in the first Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 10 lump sum as soon as we approve this and asked if there is any way the City can get next years agreement prior to the start of the fiscal year. Chief Kerr said as he understands the City will get the first payment after the Commission approves this and said that he can request the agreement earlier but said he is not sure what their schedule is. Motion was made by Commissioner Blake to approve the Consent Agenda. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. IV. INFORMA TIONAL AGENDA Public Works Department A. Updating the Commission on traffic calming plans and progress. PURPOSE: to update the Commission on the current staff activities related to' traffic calming. Community Development Department/Engineering Division B. Informing the Commission of the status of the Staff review and update of the Flood Damage and Prevention, Section 8 of the City Code. PURPOSE: to inform the Commission of the Staff review and update of the Flood Damage and Prevention, Section 8 of the City Code. Finance Department C. Informing the Commission of the status of direct billing of the utility bill. PURPOSE: to inform the Commission of the status of Direct Billing of Utility Bills for the residents serviced by the Water & Sewer Department: Commissioner Miller said he would like to move that the City prepares a report to the Commission as soon as possible after they return from the March 25, 1998 visit to West Palm Beach and in that report make recommendations as to how Winter Springs can develop a comprehensive plan for existing in planed development areas. Commissioner Miller said for the residents present, this issue deals with an issue called traffic calming and said there are eight or ten different items that can be used by the City to calm the traffic on our streets, major thoroughfares and residential streets. Seconded by Commissioner Gennell. Commissioner Blake asked about the Comprehensive Plan and asked if in the information the Commissioner received it stated that they will be reporting on that. Commissioner Miller said he was not talking about the City's Compo Plan, he meant a plan on how they could recommend implementation in Winter Springs. Manager McLemore said he supports what the Commissioner is requesting and said he has a question about timing, and asked wouldn't it be better to wait, we are going to try to have this person come and speak to the Commission and asked the Commission if it would be better to wait untiU after that point in time to get started with that. Commissioner Miller said yes. Manager McLemore said once we get 'I information together we are going to have a presentation for the Commission and suggested then do that, because the Commission will have some specific direction after that presentation. Mayor Partyka said the motion still stands because it stated as soon as possible. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 11 Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. Commissioner Gennell had a question regarding Item C, direct billing. Commissioner Gennell said it states that the banking institution normally charges fees to perform this service, any cost to the utility should be assessed to those customers who participate. Commissioner Gennell said she is not sure that she agrees with that because part of the principal is that if you can direct bill to their bank account, you get paid quicker, you get the money in your coiffeurs quicker, you earn more interest and said you make it up that way and said she would not object to this if it could be determined that the other utilities pass that on to those customers also. Commissioner Gennell said she would really like to know that before she approves passing the City's costs, not the customers costs for their billing out of their bank, but the cost to the utility. Commissioner Gennell said she would like to know that other companies make that a cost to that customer. Discussion. Harry Martin, Finance Director, said the intent of that statement was any cost incurred by the City to perform a service that the customer is asking for, needs to be passed onto them; the rest of the users of the system should not pay to have someones bill to be sent to a bank to be paid for and that was the intent of that statement. Motion was made by Commissioner Gennell that before the Commission passes any costs back, any billing costs back to the customers that are participating in the direct billing, she said the Commission needs some information to show that other utilities are doing likewise. Seconded by Commissioner Martinez. Discussion. Commissioner Blake said asked if Commissioner Gennell is suggesting that if there is additional costs associated with the City implementing a direct bill system, that we not pass that cost through to the users of that system. Commissioner Gennell said she is not taking any position on that yet because she is not educated enough to know how the other utilities handle it. Commissioner Blake asked why should that matter, wouldn't that be just a matter of policy that if the City is going to implement a plan that increased costs, for the benefit of some users, or to the desirement of some users, that we should as a matter of policy pass that cost on to those who desire to use it 'and not put the burden on the others who decide not to use it. Commissioner Gennell said maybe the Commission needs to hear more about it because we have no figures, we don't know. Commissioner Blake said he disagrees, because it really doesn't matter what any other utility does if we are here to set as a matter of policy; if it costs the utility money for a direct bill system and it requires an expenditure that is not ordinarily made if we did not set up a direct bill system, then those who desire it ought to bear the cost, as a matter of policy. Commissioner McLeod said he agrees with Commissioner Blake, he feels that people who do not utilize the direct bill system has to bear the blunt of whatever it costs, and said he has to agree at this time that it should be by the people that is using it, however, he would also like further explanation in the future, as to how many other Cities are going one way or the other on over all billing. Mr. Martin said he will check with other Cities and report back. Commissioner McLeod said at the present time he agrees with Commissioner Blake and until we find out that the norm is not to charge. Commissioner Blake said he is in favor of having a direct bill system and said he thinks eventually it will end up being cheaper but if there is an additional cost to set it up, he thinks the City should pass through that cost. Commissioner Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 12 Gennell said if the Commissioners are in favor of passing on the additional cost, then asked if all the utility customers paid their bills at the end of the month, the City gets a significant amount of money at the beginning of the month and we make interest on that money then, are the Commissioners willing to pass the benefit back to the people, if the City makes money on it; that is the situation here, Commissioner Gennell said what she needs to hear from the Finance Director is or from other companies whether it's a distinct benefit. Manager McLemore said one of the items in the Commission's packet is a workshop on utility system rates and said he thinks that this subject should be taken up during that discussion and ask Mr. Ori to be ready to comment on that when we have the workshop. Vote: Commissioner Miller: aye; Commissioner Blake: nay; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: nay. Motion passes. I Fire Department D. Requests that the Commission review the information on "Project Safe Place", a joint effort between the Winter Springs Fire Department and Boys Town USA. PURPOSE: for the Commission to review the information presented, related to the Fire Department's participation in the "Project Safe Place" program: Motion was made by Commissioner Blake to accept the Informational Agenda. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. V. REGULAR AGENDA Community Development Department/Code Enforcement Division D. Requests the Commission consider the request of Virginia Cote to allow the temporary parking and occupation of an oversized recreational vehicle in her side yard at 411 David Street (R-1), from March 9 through April 11 in accordance with City Code Section 20-431. PURPOSE: to request the Commission consider the application of Virginia Cote for a permit to allow the temporary parking and occupation of an over-sized recreational vehicle in her side yard at 411 David Street, (R-1) from March 9 through April 11 in accordance with City Code Section 20-431 : Commissioner Gennell asked that Mr. Carrington read Section 20-431 of the Code. Charles Carrington, Community Development Director, read Section 20-431 (in abbreviated form) of the City Code. Commissioner Gennell said it states in the Code that recreational vehicles may be occupied during parking or storage if a permit has been issued in accordance with Section 20-412 and asked if a permit has been issued under that Section. Mr. Carrington stated no permits have been issued at all. Commissioner Blake asked about the letter that was sent out and asked if it was sent to the near-by property owners. Mr. Carrington said notification letters were sent by certified mail to all of the adjacent property owners (about 20). Commissioner Blake asked if there were any responses to the letters or asked ifany one was present who lives on an adjacent property. Mr. Carrington said there Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 13 were no responses received and said he did not know if anyone is present to speak on this tonight, other than Ms. Cote. Mayor Partyka said let the record show that there are no other people requesting any kind of comment under public discussion. Attorney Guthrie said Ms. Cote handed him an item that he will pass onto the Mayor, saying it is not signed by has the name of some people, and said they express no objection. Manager McLemore said that we are in a kind of dilemma with these types of requests, that there is a constant request from the community and the Commission to do more and more rigorous Code Enforcement so we are reluctant by recommendation to come to the Commission to recommend this. However, we did an abundance of caution by asking neighbors if they had a problem with this and said that is the reason the letter were sent and as he understands that in the past there was some debate over this issue, if not this particular neighborhood, another neighborhood regarding the same issue and therefore, it is not that we are trying to be "hard-ball" we are just trying to follow the Commission's direction. Commissioner Martinez asked Ms. Cote when was the last time she was given a permit to park an RV vehicle on her property. Ms. Cote said for the past three years with the exception oflast year. Commissioner Martinez asked if there has been any complaints. Ms. Cote said no. Mr.Carrington said no. Commissioner Martinez asked Ms. Cote if this will be used for residential purposes or just to park and store. Ms. Cote said that they are her children and they stay for 2 or 3 weeks and do work for her that she is not able to do herself and said she lives in a one bedroom home so her children sleep there. Motion was made by Commissioner Martinez to approve the request. Seconded by Commissioner Gennelt. Discussion. Commissioner McLeod asked if Section 24-412 allow for people to stay at the home and live in the motor coach. Mr. Carrington said to his knowledge it does and the only issue was that previous Commission policy s he understands it, dictated that the vehicle would be parked behind the building line and there was a large tree in the side year and said he knows that the tree has been removed and said he has been told that that the vehicle will fit behind the building line, so it would be in keeping with previous policy dealing with the same issue. Vote: Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. City Manager E. Requesting Commission approve the First Reading of Ordinance 697, which amends the Money Purchase Pension Plan and Trust, and establishes a Defined Benefit Pension Plan and Trust. PURPOSE: to request the Commission approve the First Reading of Ordinance 697 which amends the Money Purchase Pension Plan and Trust, and establishes a Defined Benefit Pension Plan and Trust: Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 14 Motion was made by Commissioner Blake to read Ord. 697 by title only on first reading. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Martinez: nay; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Mayor Partyka said with due respect to Commissioner Martinez, asked Commissioner Martinez if he would reconsider his vote to speed up the process, we are taking about reading by title only vs. the entire ordinance. Commissioner Martinez said he will reconsider his vote and voted aye. Attorney Guthrie read Ord. 697 by title only on first reading. Manager McLemore stated that Sandy Turner, of Turner & Associates, Rick Burke, Gray, Harris and Robinson, and Attorney Tom Lang, were present for questions. Commissioner Blake said on the plan specification sheet, under contributions it states that the employees are required to have no contribution, and said he thought it was 2% and asked if there was a specific reason why it is written as it is. Ms. Turner said what the Commissioner is looking at is the defined benefit portion and there is no employee contributions to that portion of the program. Commissioner McLeod said doesn't the plan that is in front of the Commission now, state that the employees have to be 65 years old before they can retire; they could take an early retirement at 55. Commissioner McLeod said on August 25, 1997, his motion was made at that time to approve a unified a City off-set pension plan with a 30 year max., 15 year amortization; normal retirement 55 with 10 years of service and disability coverage and said he thinks that the Commission approve on this. Ms. Turner said it is called a subsidized 55 and 10; and that has some of the similar characteristics of a normal retirement age, however, there are other benefits and other things that are related to an age, to a normal retirement age of 65. For purposes of this plan design, the normal retirement age is 65 and the 55 and 10 is what we call a subsidized early retirement program. Ms. Turner said the initial studies all had age 65, and said that none of them were presented to the Commission as normal retirement age 55 and 10 only as a subsidized early retirement benefit. Commissioner McLeod asked the City Manager why is this different than what the Commission had approved to go forward. Manager McLemore said as he understands that there are some things that we really have to do with age 65 and what we are trying to do is have a retirement age of 55 and the way we deal with the requirements at 65 is the way we've done it here. Ifwe had a typical straight retirement at age 55 then we move into another set of costs that we don't have by doing it this way. Our goal was to give them an early retirement option at age 55, is what he thought we were trying to do. Manager McLemore said the key is that there is no staticital reduction in benefit at age 55 and that is what we were trying to accomplish and said he thinks that is what the Commission was trying to accomplish is that there would be no reduction in benefit by retiring at age 55. Discussion. Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 15 Rick Burke stated that an employee could retire at age 55 and receive the same amount as if at 65, which is what Sandy refers to as a subsidized. Manager McLemore said he thinks the Commission didn't want the employees penalized by retiring at 55 in any way and that is what we did. Ms. Turner said as an example, if the City hired someone that is 59; under a normal retirement age of 55 and 10 years, he would have to wait until he was 69 before he could retire; by having a normal retirement age of 65 he is eligible to retire at the age 65 with a time of service at hand, he doesn't have to have the 10 year service behind him, so that way he is not penalized and has to work until he is almost 70. Attorney Lang stated the City has two plans, the City had a defined contribution plan in place and have now created a defined benefit plan to assist those people who will not have enough time under the defined contribution plan to get the retirement income that they need. Attorney Lang stated that the City is totally responsible for the defined benefit plan, which would make up any inadequacy in the defined contribution plan at the time of retirement but the defined contribution plan would be the first one "hit" in order to pay the retirement benefits. Commissioner Martinez mentioned the Board of Trustees minutes from January 13 and 27, 1998, and said there are questions that trouble him and said the questions were brought up by an individual (who he knows in the community and said he is an expert in this field) and stated that this individual has questioned the defined benefit plan and stated that he is not against the employees benefiting from whatever benefits accrue but that individual said he was concerned with the taxpayers money; this individual stated that the defined benefit plan is riskier because the investment by the Manager of the Plan could not bring any returns and it has been said that the defined contribution plan is sounder and more economical to the City and in the long run more beneficial to the employee. It has also been said that the City would be better off by giving the employees an increase and let them invest their money than going into a defined benefit 'plan. Commissioner Martinez stated that he is not ready to deal with this item at this time and stated will make a motion. Motion was made by Commissioner Martinez that this item be tabled until maybe the individual from the Board of Trustees could be brought here and explain this to the Commission so the Commission can understand it fully. MOTION DIES FOR LACK OF A SECOND. Commissioner Blake said he would like to address what Commissioner Martinez spoke about and said he also read with great interest the individual's comments (from the Board of Trustees) and concerns about this plan as it is being set up; and said he is right in many respects in general terms that a defined benefit plan does typically shift some of the risk onto the employer and off of the employee. That was certainly address in putting this unique plan together Floor Off-Set Plan, which in a sense gives the employees what they really need and what they really want. To reconcile that, the individual from the Board of Trustees said something to the effect that "a defined contribution plan actually is Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 16 better for the employees". Commissioner Blake said he agrees with that statement, a defined contribution plan, such as we already have in place, is best for the employees in the long run, however, sometimes it's difficult when you are an employee and not trained in what is (quite frankly) a higWy technical area, it is very difficult to educate them (employees) on what would end up being the best. You have to recall thought as employer in a competitive market place, and are competing with other municipalities that are part of the State defined benefit plan, which does not have a defined contribution element into it. What we were trying to do in putting this together was to give the employees the maximum benefit that they could get with the least amount of dollars, to give them the maximum level of security to know that they are going to get at least a bottom line, minimum benefit that is as good as what the State plan has and give them the opportunity to have even better results than that because of the defined contribution portion of the plan. Commissioner Blake said he thinks as this plan is put together, does that and takes many of those issues into consideration and does a very good job with it and said the team that was put together on the professional side, did a excellent job in putting this together. Commissioner Blake said many companies are moving away from a defined benefit plan because it does shift the perceived risk off of the company burden and onto the employees burden. The Commission has to recall what we are competing with in this market place is a situation where you have organized labor, or potentially organized labor that have as their chief priority the Section 175/185 plans of the State which cost probably twice (or in that range) than what this plan costs for literally the same amount of benefits. One of the reasons is because it is a well under funded plan, which means to be a portion of it, to be part of the State plan, you have to fill in some of those under funded liabilities from the past that exist in it. Commissioner Blake said it is his belief that this plan, as we are currently putting it together, will not be in existence some time from now, the defined benefit portion will fall away. The reason is because essentially what people do is they receive the benefits from their defined contribution plan and any short fall in that plan that doesn't bring them up to their 2% a year, 30 year max. Is made up by the defined benefit side. And there will be a time, he believes, not to far down the road, the defined contribution plan will be worth much more than that 60% than the defined benefit plan provides for, so that plan will just fall away, it won't exist. The other thing going on here is you have to recall a policy this Board made some time ago, when we first addressed this issue, is the fact that since the City has been around so forty years or so, we've really not had an adequate plan to provide for our long term employees. This plan corrects some of those past errors and yes we are doing this on the backs of our finances today, but you have to look at the other side and realize some of the finances we have today is because we didn't spend the money to do this in the past, so we're probably coming out a little bit ahead. Commissioner Blake said when you have employees that have been here over 25 or 30 years and they're getting ready to retire and are walking away with virtually no benefits because there wasn't a plan in place 10,15 or 20 years ago, they have no benefit for working here during that time and Commissioner Blake said it is time we take care of that ailment as well. That is why you need that defined benefit portion of the plan to take care of those situations. Commissioner Blake said when you look at the employees that we have now, our average age is very low and that is very good for us because that means most of our labor force (if they stay here) when they get to retirement age, the Reeular Meetine Citv Commission March 9. 1998 97-98-24 Paee 17 defined benefit plan probably won't be in existence. Most of our employees will never collect from the defined benefit side and that's why it's put in place. Commissioner Blake said he does not disagree with most of what the individual from the Board of Trustees said but every situation is a little bit different and this plan specifically provides for the special oddities that we have being a government employer, being an employer with organized or potentially organized labor, being an employer that has to compete with other statute plans out there that have certain requirements, we try to give them all the benefits that those have and still minimize our costs and take care of our employees at the same time. Commissioner Blake said he has been in that business for about 18-20 years and said this is a great plan, it's great for the City and it's really great for the employees. Commissioner Martinez said he agrees with some of the statements of Commissioner Blake, and said he is not willing to take away any benefits of any employee because he is the recipient of a sound pension plan for the past 20 years (or so). Commissioner Martinez said he was searching for enlightenment because there is a great difference between the defined benefit and defined contribution plan as Commissioner Blake spelled out. Commissioner Martinez asked what is the objection to having the Board of Trustees individual coming and explaining all the issues to the Commission so we can understand them better. Commissioner Martinez said this issue was brought up some time ago and said he wasn't here and said he was not privy to that information and that is why he made the point he made to have this postponed and have the Board member. or someone come here and explain it for the whole Commission to understand. Commissioner McLeod said he feels that the panel that was put together is a panel of experts and said any questions could be directed directly to those individuals and said the individual that Commissioner Martinez is talking about is sitting on an advisory board for the Commission. Commissioner McLeod said that Commissioner Martinez knows the questions that the individual had asked and asked if there was a brief way that to bring Commissioner Martinez up to date as to answering that individuals questions. Mayor Partyka asked at what point does the defined benefit portion go away. Ms. Turner said any where between 15 to 20 years depending on how your rate of return is. Mayor Partyka asked what is the liability for the City, Mayor Partyka said Ms. Turner said in terms of her assumption there was a 9% growth in terms of assets and asked Ms. Turner if that is a fairly aggressive number over the course of 15 or 20 years. Ms. Turner said we use a range that's around the 8% range, the State uses 8% and we have historically used any where between a point above and a point below. Ms. Turner said the City's rate for the last four years has been an average of 14% and so we took the 9% which was a point above 8 and said she recently was given a report of all the local Cities in the State of Florida and 9% is not an uncommon number. That number is not set in concrete, it is reviewed on an annual basis, and is adjusted accordingly so it is not something the City will be tied with, it will move up and down within a three point range depending how the market is running. Mayor Partyka said ifit goes down below 9%, which is where we made these assumptions, does the City then have to contribute more money than what is planned. Ms. Turner said this is a self adjusting program, you have a lot of room in it for excess money to come into plan, also you have a 10%, 10% compensation is your lock, that was the mandate that was given her by the City Manager and between the money Reeular Meetinl!: City Commission March 9. 1998 97-98-24 Paee 18 purchase plan and the defined benefit plan, there's a certain percentage going into both plans. Should something catastrophic happened to the market, and all your monies are lost, both plans would dissolve instantly anyway. At that point in time your liabilities would be in the defined benefit plan and can come in by mandate and shift, but the 10% would stay fixed. Ms. Turner stated that this is a very unique program, the City of Winter Springs is the only one in the State right now that has one. Ms. Turner said there is not more money from the City, it is just how much more goes in between the defined benefit plan and the defined contribution plan. Mayor Partyka asked how many Cities around the State have a defined benefit plan for their employees. Manager McLemore said most of the Cities around the State have these defined benefit plans for their Police and Firemen, the majority of the Cities around the State do not have the defined benefit plan for their other employees. One of the early decisions we made on this Commission, relative to this issue was were were going to have one plan for everybody and not three separate pension boards, and three separate plans, and all that complexity and we also made a decision that yes, public safety employees are important but the other employees are as important as they are when it comes to providing a reasonable amount of retirement. Manager McLemore said he thinks the Commission made a very good choice of a way to deal with this issue at this point in time. Mayor Partyka said on the projected liabilities payable for 15 years and estimated contributions, and said according to this around the year 2007, this plan has a deficit. Ms. Turner said she was looking, out of curiosity to see what the relationship from payouts would be just from the 4% going into the defined benefit plan and said she didn't take into account what's being bought by the money purchase plan and said at that particular point if the money purchase plan was earning the amount of money that the o~her plan had been earing, it should take over at that point and that deficit would not be there, it would be kicking in and taking over the benefit structure. Ms Turner said as she was saying, you would actually have a surplus of money sitting on the defined benefit side, at that point. Ms. Turner said the reason why we have the security of the money purchase plan involved, because it actually allows that account balance type situation for those individuals so they have that as well. Ms. Turner said the City really has the best of both types of plans, one cushions the other. Mayor Partyka said if the economy goes down a little bit in five years, and all of a sudden the returns on our assets are 5%, what effect does that do to defined benefits. Ms. Turner said at that point, you would have to address it as basically the employer, you would look and see how the program is running, these are not set in concrete, and the one the City has self adjusts, and at that point you may have to change, you have that within your power and it moves very easily. Ms. Turner said one of the things they were able to accomplish by doing this type of program, is the other side, where you have retirement plans that are just flat defined benefit plans within municipalities, where all of a sudden all this money is being made, they have been assuming 3 and 4 percent returns so they have been pumping in their i 0%, all of a sudden there is millions of excess dollars and there is no way of capturing it for the people, it just sits out in limbo, the money is still going in, so this picks that up, it allows it to drop down into the defined contribution side. Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 19 Mayor Partyka said ifby chance there is a down side, where three or four years from now where all of a sudden the growth on assets are bad, the City at that point in time, if necessary can actually change the pension plan from a fiscal responsibility, would that be a recommended option. Ms. Turner said it is built into it, It would have to be drastic before the City would have to actually think about changing the plan document because it has safety valves already in it. Commissioner Blake asked if either Ms. Turner, Mr. Burke or Attorney Lang could address some of the concerns that the individual on the Board of Trustees had. Attorney Lang said he thinks what the individual was trying to was put the Commission on notice that there was some questions in his mind that he wanted back-up information to come to the Commission at the time you considered the plan. Attorney Lang said it is his understanding that the back-up information was provided to the Commission so that the Commission would be aware of what the risks were that attached to incorporating a defined benefit plan. As to the specifics, his recollection is, that the individual just wanted the Commission to see what the numbers would be with regard to what you would have to utilize in the way of funds to fund this program, which is the defined benefit program over the near term; the individual wanted us to make sure the Commission saw the assumptions that were utilized to make sure the Commission was comfortable with those assumptions. Attorney Lang said he is not sure that person was taking issue as much as he was saying that there are risks that are attached and the City by going into a defined benefit plan is assuming those risks and he wanted to make sure the Commission was aware of the risks, not that he wanted to question the Commission on them but to make sure the Commission had seen them and were prepared to take those risks if the Commission approved the defined benefit plan. Attorney Lang said it is his recollection that the individual just wanted to make sure the Commission knew what they were doing at the time of approval and he wanted the City Manager to make sure that the Commission got that information so there could be no questions later on as to whether or not the Commission understood the risks that attached putting the defined benefit plan in place. Manager McLemore said the way the plan is structured is to work our way out of the defined benefit plan over a period of time. Mayor Partyka asked if anyone present wished to speak on this item. No one wished to speak. Attorney Lang said he would like to complement Ms. Turner and Mr. Burk for the work they did, this was a complex task, trying to take these two plans, the defined contribution and the defined benefit plan, and said it was a masterful job of creating a unique plan for this City that took both concepts and combined it and congratulate both of them. Motion was made by Commissioner Blake to move Ord. 697 to second reading for March 23, 1998. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Martinez: nay. Motion passes. Utility Department Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 20 I. Requesting approval of Resolution No. 839 providing for the assessment methodology for a waterline extension on Old Sanford/Oviedo Road. PURPOSE: to request approval of Resolution No. 839 which provides for the equitable recovering of the City's costs associated with the extension of the City's water system on Old Sanford/Oviedo Road: Kip Lockcuff, Public Works\Utility Director, gave his presentation. Mr. Lockcuff stated that what the Commission has before them is a Resolution on a project that has been in the "works" for four or five years, the Resolution basically sets forth the methodology which we would use to recoup the monies that the City will spend to put the water line in the Industrial Park area of the City. Mr. Lockcuff said he has had input from some of the beneficiaries from that area about some of the' particulars as far as frontage foot usage and that type of information. Mr. Lockcuff said it is their intent to bring an Ordinance back after the completion of the project, which finalizes all the numbers. Mr. Lockcuff said they expect to bring this back in about four to six months. Motion was made by Commissioner McLeod to approve Resolution No. 839, establishing the means and methods for the recovering the City's costs associated with the extension of the water distribution system to Old Sanford\Oviedo Road and Wade Street, the project will be providing Fire protection and the potable water supplied to the industrial area of the City, which currently relays on draft tanks and shallow wells. Seconded by Commissioner Blake. Discussion. Commissioner Blake said it is unclear to him how the City can legally enforce collection on those properties that are not in the City; and said he understands the purpose of doing this but the problem is that the properties that are on this road that are in the City shouldn't have the burden of not having these services just because there are other enclave areas along the way. Attorney Guthrie said the Resolution sets on how we are going to do it, basically the City is going to carry the cost of this until people are ready to have the service and as a condition of the service they will have to annex into the City. Mayor Partyka asked if anyone wished to speak on this item. No one wished to speak. Vote: Commissioner Blake: aye; Commissioner Miller: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Utility Department 1. Requesting authorization to enter into a Contract Agreement for Water Main Improvements on Old Sanford/Oviedo Road. PURPOSE: to request authorization to enter into a Contract Agreement with Master Site Development, Inc., for Water Main Improvements on Old Sanford/Oviedo Road at a cost 0[$79.105.00 plus 10% contingency: Mr. Lockcuff gave his presentation and stated that this' project was bid last February and said there were six bidders and is recommending the low bidder who is also one of the property owners on Old Sanford/Oviedo Road. Motion was made by Commissioner McLeod to authorize the City Manager to enter into a Contract Agreement with Master Site Development, Inc., for Water Main Improvements on Old Sanford/Oviedo Road at a cost of $79,105 plus 10%, contingency. Seconded by Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 21 Commissioner Martinez. Discussion. Commissioner Gennell asked if the City will set the bricks aside for Chris Boley or will they need someone to take up the bricks. Mr. Lockcuff said he hasn't had the opportunity to discuss this with the City Manager as\ of yet and said he doesn't know what the long term plans are but stated that the bricks does not really effect this project Commissioner Blake asked about the pipe being used (lPVC C-900) if that type of pipe being used in applications of this sort even in an industrial area. Mr. Lockcuff stated yes. Commissioner Blake asked if there was any problem with the pipe being under roadways with large heavy equipment going over it. Mr. Lockcuff said the C-900 will be fine, and that they are more concerned about areas where someone would tend to be drilling, that pipe is more success able, but weight bearing - it's fine. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Parks and Recreation Department A. Requests the Commission to review the attached contract with Mountain View Productions, Inc., for use of Central Winds Park for "Springfest 98" to select the appropriate form of compensation to the City and authorize the City Manager to enter into contract accordingly. PURPOSE: to determine if the Commission desires to continue developing its relationship with Mountain View Productions to provide expanded recreational opportunities for the City through privatization, to select the appropriate form of compensation and to authorize the City Manager to enter into contract with Mountain View Productions. Inc.. for "Springfest 98": Brook Seals, Parks and Recreation Director stated that Vince Salanskas of Mountain View Productions was present for questions, and stated what is need to know is if the Commission approves this item, which form of compensation would the Commission like to have included in the contract. Manager McLemore stated that his recommendation on the method of compensation is the method involved with the $5,000 and 10% of the gate. Manager McLemore said as the Commission has seen, this is not a tremendous money maker either way, it is mainly providing an alternative form of recreation for the community. Commissioner Miller asked how many people is expected to attend and how many will be adults and how many children. Mr. Salanskas said being a new area for them to be working in an event like this, we feel that it is hard to predict those numbers; and said minimally you could see 500 people on a week night, on a Friday you may see 750 to 1,000 and on a Saturday from 10:00 a.m. to Midnight we could see 2,000; but that would be what we consider would be a losing proposition for the event. Mr. Salanskas said they are hopeful of doubling those numbers, 1,000 on week nights, and we would like to see possibly 1,500 on Friday night and maybe 3 or 4 thousand on Saturday; and said that those numbers are a guess, and said if the later numbers are correct then it would be a good sign that this is something that could be built into a truly wonderful event. Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 22 Mr. Salanskas said this is a new situation and they are still learning it as well and said he feels after this five day event, when we present a new event to the City, or come up with another free event, which we would like to do in the near future, we'll have more specific demographics and be able to give more specific numbers. Commissioner Martinez said the estimated cost to the City would be $5,000, and asked if that was the overall cost for the entire stay. Mr. Seal said that is the direct cost in terms of personnel and equipment. Commissioner Martinez asked about Option I, where it states that the City would be required to fund from the general fund cost not covered by the 50% gate revenue. Mr. Seal said that would be if the attendance was in the low end (and this is the first of the three options available) and if the City took 50/50 we might loose money, we might have to fund it; but if the City takes the Manager's recommendation and take the other option, where we get our cost up front and 10% of the gate, then the City wouldn't have to fund anything from the general fund. Commissioner Martinez said in the section that says responsibility of the City, it states that the City will provide electricity, water, trash, rest rooms and staff to clean them up, four police officers each day, fire and emergency vehicles, and two park department employees for traffic, clean up, general control, esthetics and health during all hours of operation and said the $5,000 mentioned, will cover all of this. Mr. Seal said yes. Commissioner Martinez said as he understands, the admission will be $3.00 per adult and $1.00 for youth, and said they will be selling food, clothing, and said as with any fair or any such activity, they will be renting booths for commercial purposes for vendors, and asked if Mr. Salanskas ifhe had an estimate on how much that will bring in. Mr. Salanskas said on this event it is bringing him nothing; this is a test event for them and in order to maintain their media relationship with Clear Channel Communications, they are looking to do a very large public relations piece with this, they will have six radio stations that will be basically promoting this event in the community and said they are also working now to obtain an TV station to work with them as well. Mr. Salanskas said what they give them in response is they basically go out and sell commercial packages for people to put commercials on their radio station and in return this is a gift they can give them, they're allowing them to come into the event and present a product. In this particular event we have what is called "Big Boys Toys" and by that they mean boats, RV's, motorcycles - dealerships of that nature; it gives a very nice show and is successful, and stated again for this he is not making anything for that type of booth sponsorship. Commissioner Martinez asked who will be responsible to damage to the grounds. Mr. Salanskas said he will be. Commissioner Gennell in regards to the costs, where it says Parks - $200, and asked if this is all that it will cost the parks is $200. Mr. Seal said yes, we have Staff there already and also his supervisory staffwill:fill in with out direct costs, so there will be very little direct personnel costs. Commissioner Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 23 Gennell said the insurance documents will not be delivered to the City until three days before the event. Mr. Salanskas said per the contract it says that, however, he will have them within the next two days and will be giving them to the Parks Department. Commissioner Gennell said if this is approved, is she to understand then that the City will be entertaining other projects that want to come in and derive income in using our facility (charge admissions.) Commissioner Gennell said this is a question of policy that she raised the last time. Manager McLemore said it is his understanding that the City wants to continue to provide a varied amount of entertainment opportunities for people in this community other than athletics. Manager McLemore said there are other types of entertainment opportunities other than this type, where the City stands to earn a great deal more money, but this is geared mainly at young adults. Manager McLemore said he hopes that the City will have six or eight different events every year. Commissioner Gennell said she is at a quandary and said this is a big thing to look at and said she wants to know how the Commission feels about opening the park and changing money for events, whether we make money off it or not, is this something we want to do and do we want to do this particular event. Commissioner McLeod said he understands and hopes that all Commissioners do, that anybody putting on something like this is looking to break even or make little money and said he does believe this is another means for recreation for the citizens and said he thinks it is a good thing for the City to have a working relationship with an organization like Mountain View Productions, that is willing to have a give and take, some things are free and some things they try to cover their expenses or make a profit. Commissioner McLeod said he thinks that in the future the Commission will see that more Cities are going this way. Motion was made by Commissioner McLeod to authorize the City Manager to enter into a Contact with Mountain View Productions and to use option #2, as a method of payment ($5,000 and 10% of the gate intake). Seconded by Commissioner Miller. Discussion. Commissioner Miller called the question. Vote on calling the question: Commissioner McLeod: aye; Commissioner Gennell: nay; Commissioner Martinez: nay; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Vote on the motion: Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Gennell: nay; Commissioner Blake: aye; Commissioner Martinez: nay. Motion passes. Mayor Partyka called a recess at 9:54 p.m. Mayor Partyka reconvened the meeting at 10:05 p.m. City Manager B. Requesting the Commission review various option to meet the Police Department's need for additional vehicles for eight new Police Officers. PURPOSE: to provide the Commission with data concerning the need for additional vehicles and equipment in relation to the approved personnel being requested through the Federal Universal hiring Grant: Reeular Meetine City Commission March 9.1998 97-98-24 Paee 24 Manager McLemore said we are anticipating employing eight additional officers and the question is what type of transportation for these officers. Manager McLemore said there was an opinion express by the Commission when this was brought up before, relative to the use of cycles, and said the basic majority of people were opposed to it, but then there was a request to bring up the issue of the cost back to the Commission to look at relative to these alternatives. Manager McLemore said he has stated on many occasions his opposition to cycles and as he has told Chief Kerr, he is certainly open and has permission from him, to present to the Commission his feelings about this relative to this Issue. Manager McLemore said he has given the Commission options and has tried to detail the arguments and trying to be fair to both parties and said Chief Kerr has agreed to all of this and have basically on the language. The question is are we going to go with an all car option or go with an option which involves a partial car and cycle option with a lease or with a purchase option relative to cycles. Manager McLemore said as stated in his memo to the Commission the first thing the Commission needs to do is to settle the issue of cycles before we get into whether we have lease or purchase. Manager McLemore said based on his experience with managing municipal police officers/police departments for over 25 years and a number of years he has worked with departments on consulting basis and have seen this cycle issue, cycle through department, said he cannot in good conscience recommend that to the Commission. Manager McLemore said Chief Kerr thinks differently, and said he doesn't think that cycles are efficient and said he thinks the world is going away from specialization to multi-media and job enlargement and all those things that gives you the biggest "bang" for the buck. The question here is, for the amount of safety involved and the flexibility you have with cars, is the admitted to some degree, tactical advantage cycle's worth the investment. Manager McLemore said he wanted to find a way of getting his feeling across to the Commission on this and then showed the Commission a picture of a police vehicle which was involved in an accident that was not the officers fault, and said that his is dilemma with cycles, is that in that particular accident, the officer would not have survived under the best of conditions and that is the issue that is faced of us. Manager McLemore said we have in the City a real effort, through our Risk Management function to try to reduce the amount of exposure that we have for risk in the community, and in our organization and said he doesn't think this fits that pattern and that goal and said we have to think about all of this in trying to make a decision as it relates to a tactile advantage that is perceived and in some cases in working certain traffic situations. Manager McLemore said he went by the City of Auburn, GA, and spoke with the City Manager and asked him what they are doing in regards to cycles. He said they tried them in the residential traffic enforcement and said it didn't work and they gave up on them and said they had several accidents and had several officers hurt and said they decided that it wasn't worth it. Manager McLemore said the other thing that he pointed out to him was that they had found they get more traffic enforcement with cars parked where people can see them then they do with vehicles that are hidden behind bushes. Manager McLemore said he is not aware of any research where it has been said that this type of enforcement in a residential area, results in any significant reduction in speeding. Rel!:ular Meetine City Commission March 9. 1998 97-98-24 Paee 25 Chief Kerr said he thinks this is a two part issue, one being safety and the other as the way he looks at it as the Police Chief as a safety thing for the entire community, including our Police Officers and said there is a lot of room for debate on which way is the best way to enforce our traffic laws in our residential areas. Chief Kerr said he thinks the City's residential areas are quite unique compared to a lot of Cities and that is that we have no on street parking in most of our residential areas. Chief Kerr said he doesn't like the idea of hiding behind bushes and said he would not be a proponent of that in this City. Chief Kerr said he thinks it is very difficult to work traffic in those areas in a vehicle and said it has been proven. They go out and try to enforce those regulations, and said he doesn't believe in doing any thing half way and said he believes this is the best way for the safety of the residents, for the children, for the families that back out of driveways. Chief Kerr said he has done a lot of research on this in this area particular, in the last five years and has looked at the jurisdictions around the City and they have not had any serious accidents with motorcycles, and a lot of that has to do with training, where we've come with training. Chief Kerr said there have been cycles of people going to motorcycles and traffic enforcement in police departments. There is the biggest movement today because it has proven to be beneficial. A lot has to do with the training of the personnel and supervision, in this City before, the management within the police department have any experience in supervising or managing a motorcycle unit and said that he has experience and said he knows what the results have been and without hiding behind bushes or billboards or anything else, he has had the reputation of having a safe community. Chief Kerr said he agrees with the City Manager that visibility is a key issue and said he thinks that by the twelve hour shifts that they have gone to this year, they have put a lot more visibility out there and said he thinks they need more when it comes to traffic enforcement and also when you have strong traffic enforcement, you also have a concurrent reduction in crime in the area. Chief Kerr said he wouldn't come to the Commission to say go to motorcycles just for the idea of going to motorcycles, he is coming to the Commission with this because he thinks that is what is best for the City, for the safety of the City. Mayor Partyka said that Manager McLemore made a recommendation and asked Chief Kerr if he had a recommendation in terms of what is needed here. Chief Kerr said the idea that was brought up about specialization, and said he has a strong feeling in that area also, that there can be too much specialization and said right now we have a patrol division and a criminal investigation division, because we have specific things that have to be done with a criminal investigation and said they rotate people through that, and said with the type of complaints that he receives every day on traffic in the City, particularly in the residential areas, that the City needs a traffic enforcement unit. Again, with the same emphasis that people will be rotated through and at the same time our patrol units continue 1'0 do the same traffic enforcement that they do right now. A traffic unit would be a supplement in support of the patrol units and said his recommendation would be that we go with Option B, in the three choices, which would be at least five motorcycles, and purchase two automobiles. The two automobiles would be for the directed patrol activity, the officers that would be supporting patrol in the crime area and the motorcycles for the officers that Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 26 would be doing traffic enforcement as their general assignment. Commissioner Martinez commended the Chief and his Staff for their quick response on the home invasion that took place in our City last week; the manner in which the personnel responded and took action in identifying and arrested three purpurtrators and said that was excellent police work and commended the Chief for it. Commissioner Martinez asked if the Chief had any other options beside the three listed. Chief Kerr said for this unit, these are the only options that they presented and said it is stated in the item that it does not address the department's other needs for patrol vehicles and their future needs. Chief Kerr said that last year they purchased some used vehicles, fixed older vehicles, and updated their fleet and said what he thinks needs to be done in the next budget year is to look at some other options and down size all the investigative vehicles to much less expensive cars and said they need to explore those ideas in the coming year. Commissioner Martinez asked what is the price ofa fully equipped motorcycle today. Chief Kerr said the base price, on contract right now is about $11,400 and the emergency equipment to go on it is about another $2,000 to $2,500. Commissioner Martinez asked if the Chief could adjust and buy three cars and two motorcycles to start. Chief Kerr said there are all kinds of possibilities. Commissioner Blake said on the numbers, he is confused by Option A was four vehicles and Option Band C were seven vehicles. Chief Kerr said basically this was a recommendation of the City Manager at the Commission meeting where we put in the grant for the eight officer~, to do a ratio of one vehicle per two officers. One of the problems that we have by going with the one vehicle per two officers, is that it will reduce the ability to put numbers (people) on duty at any given time. Chief Kerr said for example if we have the four officers in directed patrol activities, generally we have two vehicles available for them; for the four officers in traffic enforcement, you have two vehicle available for them at any given time, so more or less we would have to split shifts and do them like we do patrol units right now where the vehicle is operated for 12 hours at a time and then is taken by another group of officers for the next twelve hours. Chief Kerr said with the option of going to motorcycles, you actually have the ability to be able to put four officers out on motorcycles at any given time for traffic enforcement in both north and south ends of the City. The reason for the additional motorcycle (to make it five) is to have a spare, for example we have our patrol vehicles, automobiles, and as Commissioner Gennell mentioned earlier we have a couple of those vehicles assigned to school resource officers but they are available when they are not being used there as a spare vehicle if we have to use them.(but primarily they are used at the schools for the officers). Commissioner Blake asked if motorcycles operations often occur in the evening when it is dark. Chief Kerr said no, they are primarily used during the day time and we would basically be utilizing them in the morning and evening rush hour and traffic enforcement at the neighborhood and traffic directions at the elementary schools and high school when necessary. Commissioner Blake asked about inclement weather. Chief Kerr said if it is a light rain then they could probably be used but heavy rains no. Commissioner Blake said what would the Chief do with those officers in inclement Reeular Meetine City Commission March 9.1998 97-98-24 Paee 27 weather. Chief Kerr said they would find spare vehicles at the station for them to use. Commissioner Blake asked Chief Kerr ifhe feels there is an additional level of risk that we have to assume if we have motorcycles. Chief Kerr said there is an automatic certain higher degree of risk because they are not as well protected, but said he thinks with the amount of training the officers would receive and the kind of supervision and said he thinks a lot of that is mitigated. Commissioner Blake said if there is an increased level of risk that we have to assume, does the Chief believe that level of risk is off-set by the enforcement benefits that a motorcycle brings to the community. Chief Kerr said he thinks more so than the enforcement benefits also coupled with the safety of the entire community. Commissioner Blake asked how is this (motorcycles) perceived in the department. Chief Kerr said it is a plus in terms of having it as a tool to use, and said he thinks it is a positive thing; there are some officers feel that it is risky and they don't apply to operate one and we have those that don't see it as a higher risk. Chief Kerr said there are rules and regulations in the department, general orders, that require certain things that they are able to do or not able to do and one of those things for example they wouldn't be involved in police pursuits because that is a higher risk and that is one additional risk factor that we would not expose them to. George Sealy, 211 Birch Terrace, spoke in favor of having motorcycles in the City. Commissioner McLeod asked about spare vehicles and that he thought there were not any spare vehicles. Chief Kerr said that is one of the issues, we do have vehicles, because we have two officers assigned to one vehicle, they get a rest between shifts, so there is a vehicle at the station. Discussion. Commissioner McLeod said a couple of weeks ago when the Commission spoke about the issue for the grant, what would those officers be used for. Chief Kerr said four officers would be used for directed community policing to areas where we identified we need additional officers and the other four officers for directed traffic enforcement. Commissioner McLeod said the cost difference is about $5,600 per year to have the officers in police cars. Commissioner McLeod said he is very much against putting the City's police officers out there at jeopardy, and said he would rather see the police department get a fifth police car rather than put our officers on motorcycles. Commissioner McLeod said he thinks the liability costs are just too great. Commissioner Gennell said she cannot support the use of motorcycles. There is increased worker's comp., there is just too many things, and stated she cannot support it and said she won't support it that she can't in good faith. Commissioner Blake said he understands that there is additional risks associated with motorcycles on patrol and said he understands that the Commission as a policy making Board, have to weight the risks and make decisions, and said he believes that there is a problem ( out there) and the solution could be the motorcycles. Commissioner Blake said that Chief Kerr is the professional in this area and said it is a tough call, but said he thinks that the Commission should give him a year, and if it doesn't work our to the Commission's satisfaction after that year, we "pull the plug" and said with Reeular Meetin!! Citv Commission March 9. 1998 97-98-24 Paee 28 that stance, we keep the pressure on, he knows it, the entire police force knows it and the community will know it too, and said he thinks what we'll end up with is a great asset and a great reputation, which will give us the type of voluntary compliance, which will be important to us in the future. Commissioner Blake said he will support the Chief on this for those reasons. Commissioner Martinez said the Police Chief was hired to run the Police Department, to be productive, efficient and responsive to the citizens of the City and said he thinks the Commission should give the Chief every opportunity to develop this pilot project for one year. Motion was made by Commissioner Martinez to allow the Police Chief to pick up three cars and two motorcycles. Seconded by Commissioner Blake. Motion was made by Commissioner Martinez to extend the meeting to 11:30 p.m. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Martinez: aye; Commissioner Miller: aye. Motion passes. Discussion on the motion to allow three cars and two motorcycles. Commissioner Gennell said she can't support this motion. Commissioner McLeod said the motion should be either Option B or C. Commissioner Blake said he would generally like to see a motion on the floor for Option B, which is the least of the motorcycles, this gives the Police Chief the mix that he has requested and does not tie the Commissions hand past the one year, Commissioner Blake asked the Police Chief if he could operate with only two motorcycles, a unit that will be fair to the unit. Chief Kerr said he didn't think it would be as effective and said he thinks the mix that was recommended under Option B would be the best way to go. Commissioner Martinez amended his motion Option B. Commissioner Blake amended his second. Vote: Commissioner Miller: nay; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: nay; Commissioner McLeod: nay. Motion dies. Motion was made by Commissioner Gennell to accept Option A. Seconded by Commissioner McLeod. Discussion. Commissioner Gennell amended her motion to have up to six vehicles and to have the City Manager and Police Chief bring back a recommendation as to the type and price of vehicles. Commissioner McLeod amended his second. Discussion. Commissioner Blake said he would like to see other alternatives and have this item brought back to the Commission in two weeks with some of the other alternatives. Commissioner Miller said he supports the Police Chief coming back with an alternate package of vehicles that he needs, that are four wheel vehicles. Commissioner Gennell called the question. Vote to call the question. Commissioner Blake: nay; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Martinez: nay; Commissioner Gennell: aye. Vote on the Motion: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Community Development Department/Land Development Division Reeular Meetine Citv Commission March 9. 1998 97-98-24 Paee 29 C. Presents to the Commission the recommendation of the Planning and Zoning Board as it relates to the proposed Development Agreement for Tuscawilla Tract 15, Parcel "l-B". PURPOSE: for the Commission to hold a Second Public Hearing to consider the recommendation of the Planning and Zoning Board as it relates to the proposed Development Agreement for Tuscawilla Tract 15, Parcel I-B. Parcell-B is located at the northeast intersection of Vista willa Drive and S.R. 434, extends eastward on the south side ofS.R. 434 approximately 2,160 feet, then south southwest approximately 450 feet, then westward approximately 2,100 feet and then north northeast to the point of beginning approximately 450 feet: THIS ITEM TABLED UNTIL THE MARCH 23,1998 MEETING. Community Development Department/Land Development Division G. Requests Commission approval for the recordation of the plat and covenants for The Oaks subdivision. This action is also for the acceptance of the infrastructure within The Oaks for City ownership and maintenance. PURPOSE: for the Commission to approve the recordation of the plat and covenants for The Oaks subdivision. It is also requested that the Commission accept the infrastructure within The Oaks for City ownership and maintenance. This subdivision in located on the northerly side of Edgemon Avenue, approximately seven hundred fifty (750) feet southwest of S.R. 419: Mr. Carrington gave his presentation. This is a request to approve the recordation of the final plat and covenants for The Oaks subdivision and accept the infrastructure within the subdivision for public ownership and maintenance. The final plat is in conformance with the final engineering that was approved March 28, 1997. Mr. Carrington stated that the City Engineer has reviewed and approved the infrastructure and construction costs in the amount of$179,913.50, the developer has posted the bond in the amount of $18, 171.35 for a period of ten years, which meets the 10% requirement and said that Staff has recommended the Commission accept the infrastructure for public ownership and maintenance and approve the plat and covenants for recordation. Commissioner Gennell asked that it be pointed out to her the requirement for the developer to contribute to the reserve fund. Discussion. Motion was made by Commissioner Gennell to approve this item, less the covenants. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Miller: aye. Motion passes. Community Development Department/Land Development Division H. Requests Commission approval of the impact Fee Credit Agreement between the City and L & S Developments, Inc. PURPOSE: for the Commission to approve the Impact Fee Credit Agreement between the City and L & S Developments, Inc. This agreement will credit L & S Developments with transportation impact fee costs associated with the construction of twenty seven (27) homes in The Oaks subdivision because of the completion of Shepard Road. a collector road: Mr. Carrington gave his presentation. Mr. Carrington stated that current regulations permit a credit toward road impact fees for the construction of certain required transportation improvements; L&S Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 30 Development, Inc., (developer of the Oaks) was required to construct Shepard Road and said it is a collector road and then stated that the developer is asking for an impact fee credit for the 27 lot subdivision. The City's traffic consultant, Conklin, Porter & Holmes, Inc., has determined that the developer is in fact eligible for impact fee credit in the amount of $72,413.85, for constructing Shepard Road. The Oaks subdivision consists of27 lots with a calculated transportation impact fee of $24,055.65; the amount is less than the maximum eligible credit of $72,413.85, therefore, no transpiration impact fee is required for The Oaks subdivision. Mr. Carrington said the surplus is non- assignable and said the Staff recommends the Commission approve the impact fee credit against the agreement between the City and L&S Development, Inc. Motion was made by Commissioner Blake to approve Item H. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Martinez: aye; Commissioner Blake: aye. Motion passes. City Manager F. Requests that the Commission choose one of the plans on the attached spreadsheet for the Commission Chambers audio visual system. PURPOSE: to have the Commission come to a decision on the configuration of the Commission Chambers audio visual system: Motion was made by Commissioner Blake to table this item until March 23, 1998. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Gennell: aye. Motion passed. Commissioner Blake stated that the business of this City is a little to erroneous to get done in one meeting every two weeks, and as the Manager has indicated it's not going to get any lighter and said he thinks that the Commission needs to discuss some fix to that and said he thinks the only way to fix that is to have a few extra meetings. Discussion. Commissioner Gennell said when the tabled item (Item F regarding the audio visual) comes up at the next meeting, she would like to have some information on where the Commission can go to see this kind of equipment in operation, instead of buying off a piece of paper and said she wants to be comfortable with what is gotten. Commissioner Miller also stated that he would like more information on the audio visual equipment. Mayor Partyka asked the Commission if they agreed with Commissioner Blake regarding more meetings. Commissioner Miller: nay; Commissioner McLeod: nay; there was discussion with having workshops vs. meetings. Motion was made by Commissioner Miller to extend the meeting another half hour to finish the agenda. MOTION DIES FOR LACK OF A SECOND. Reeular Meetine City Commission March 9. 1998 97-98-24 Paee 31 Mayor Partyka announced that this meeting will be continued at the March 23, 1998 meeting. The meeting adjourned at 11 :30 p.m. Respectfully Submi~j' /J ~ 'i,.~ Margo r Hopkins, City Clerk __ P AUL P.-.l~ ARTYKA,