Loading...
HomeMy WebLinkAbout_1996 10 14 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION OCTOBER 14, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30 p.m ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John LangeUotti, present Cindy Gennell, present David McLeod, present For the Invocation, Mayor Bush asked for a moment of silent prayer. Mayor Bush also mentioned that Cub Scout Pack 196 will lead the Commission in the Pledge of Allegiance. The Pledge of Allegiance was let by Cub Scout Pack 196. The members of Pack 196 present were: Joseph Blanton, Michael Butt, Sean Cioce, Eric Furbish, Christopher Hedrick, Bradick Herring, Brett Kruse, Nathan Leighty, Eric Nussbaum and Leaders Oral Nussbaum and Peter Butt. The Cub Scouts also defined what the Pledge of Allegiance meant to them. Mayor Bush noted agenda changes: an add-on Item I, on the approval of the minutes - Parks and Recreation Department requests that the Commission approve the correction to the September 23, 1996 minutes for the record (Correction: "Mr. Wtlson stated that there was an existing bulletin board at the park but the schedules were not posted"). Mayor Bush also mentioned that the City Manager has requested that Agenda Item I of the Regular Agenda be tabled until the October 28, 1996 meeting; and stated that Item C of the Regular Agenda, (is in regard to the height of the telecommunication towers also) and will be tabled until the October 28, 1996 Commission Agenda. Approval of Minutes of September 23. 1996: Mayor Bush asked ifthere were any additions or corrections to the minutes of September 23, 1996. Manager McLemore stated that the Add-On item relates to the approval to the minutes and is requesting a change and asked the Commission to amend the minutes as stated. Commissioner Conniff stated that on page 10, the motion was made by Commissioner McLeod, and was Seconded by Commissioner Langellotti. Mayor Bush stated that the minutes stand approved as amended. PUBLIC INPUT Gene Lein, 1173 Winged Foot Circle East, member of the Planning and Zoning Board, requested that the Commission table items D, E, F and G of the regular agenda. Mr. Lein explained that the items regarding the Lefller and Morrison properties came before the P & Z in February, with the recommendation from Staff for changing Commercial zoning to Low Density Residential; after discussion the P & Z recommended to pass on to the Commission the change from Commercial to Low Density Residential. Sometime between the time it came before the Commission (on September 9, 1996) there was a change made and presented to the Commission on 9-9-96 that the application be denied and in the alternative change it from Commercial to Mixed Use. Mr. Lein stated that as far as he was concerned that this change was made without going through the P & Z Board for proper recommendation. Discussion. Commissioner Ferring said to the City Attorney, that he had conversation with him regarding that issue and said what Attorney Kruppenbacher indicated to him was that yes, policy had been that whenever there was a recommendation from the P & Z Board and went to the Commission and there was a change, as a courtesy and as a policy it did go back to the P & Z Board, however, this was a legal bonafided vote that was taken by the Commission and although the Commission has been wrong by not sending it back and said he apologizes to the P & Z Board for not doing that. Commissioner Ferring said he was given assurance that all future items that are changed from the time it comes from P & Z to the Commission that it will be sent back to P & Z; and Commissioner Ferring asked if that was a correct interpretation of what the City Attorney's and his discussion was. Attorney Kruppenbacher said no, what he said (in his discussion with Commissioner Ferring) was that it would be a nice courtesy if you were going to totally veer off something, there are public bodies that have routinely send it back, if you are going to completely go to a new concept; the Commission is not obligated and said he doesn't think the Commission should get into the position that if the Commission is going to do something different that what the P & Z recommended that.it has to go back to the P & Z, because the Code states the Commission has the ability to approve with modifications, the Commission has the total authority, the Commission is the ultimate decision maker not the P & Z. Attorney Kruppenbacher said when Commissioner Ferring used the word "policy" he said there has not been a policy of sending things back to the P & Z and said he was simply saying it can be a courtesy to avoid misinterpret and hard feelings. P & Z has to recognize that they make a recommendation to the Commission and the Commission can do what they want with the recommendation, the Commission is not bound by it. Commissioner Ferring said what is the harm of giving the courtesy to P & Z. Attorney Kruppenbacher said that is the Commission's policy judgement to establish a policy, the Commission has not had one but the Commission has to decide when to send it back and when not to send it back. Attorney Kruppenbacher said he advocated and recommended that you not send this back because you have already brought this particular development forward, the Commission has taken action and as a body, if the Commission wants to establish a new defined practice, he wouldn't advocate retroactively applying it to an existing project. Attorney Kruppenbacher said that is what he understood that he communicated to Commissioner Ferring and said and that he thinks the Commission needs to get a recommendation from Staff as to when to send it back and when not to send it back to P & Z so it is clear. Discussion. Manager McLemore stated that in the record that was developed for the Commission, it was pointed out very specifically what the P & Z's recommendation was; it was disclosed in the document so the Commission was made fully aware of what the P & Z's recommendation was and the Staff was taking a different position. Mayor Bush said when a Board makes a recommendation and the Commission takes an alternative action, then the Commission owes that Board an explanation (at the least) on why the Board's recommendation wasn't followed and said he would like to see that the Commission takes steps to do that. Discussion. Attorney Kruppenbacher said legally there is an obligation to transmit the recommendation, but Staff has the legal right to say that based upon subsequent information, they have come up with a different recommendation. Attorney Kruppenbacher said some public bodies do send it back and said this Commission has done that once or twice before. Attorney Kruppenbacher said what he is saying to the Commission is before the Commission sets a policy, between now and the next meeting -let's define exactly how it is going to work and get the Commission's recommendation before they make an ill advised policy. Attorney Kruppenbacher said Mr. Lein's comments are well taken and said the Commission needs to sit down and learn from this. Discussion. George Sealy, 211 Birch Terrace, spoke regarding the method and procedure used to grant the City Manager an increase in salary. Commissioner Ferrlng said that he was away at the last Commission meeting and upon reviewing the tapes of the meeting he had no problem with the issue Commissioner McLeod raised in accordance with the contract of the City Manager. Commissioner Ferrlng said that Commissioner McLeod stated it very specifically as to what must be done according to policy and the City Manager's contract. Commissioner Ferring said he is upset because he did not get the information until he requested it regarding a survey that was put out and said he has some questions that he needs to ask regarding this issue. Commissioner Ferring asked the Mayor if he can ask the questions at this time or should he make a motion to place this on the agenda. Mayor Bush asked Commissioner Ferring if he minded waiting until the Public Input was finished. Commissioner Ferring agreed. Harold Scott, 911 Augusta National Blvd., spoke regarding the telecommunication tower issue. William Fernandez, 250 Panama Road East, stated that he has written a letter as Chairman of the P & Z/LP A Board to the City Manager and said that he has discussed it and hopes that the City Attorney did get the letter. Mr. Fernandez stated that he understands that the rules and procedures for having quasi-judicial hearings are with the City Attorney and said hopefully he will be able to discuss that with the City Attorney this week or in the near future. Mr. Fernandez said he feels it appropriate to have written findings offact in conclusions oflaw. Mr. Fernandez said so there would be no confusion regarding the findings offact and conclusion oflaw, orders are entered and signed by the Chairman with specific findings in the order itself on a form order (which can be hand written in with the conclusions) and then there will be no question about whether there is findings offact or conclusions of law that are presented to the Commission; the Commission would have it signed by the Chairman of that particular Board and said he hopes the procedures and policies address that. Mr. Fernandez stated that he specifically came to the meeting to address the paving in the Ranchlands. Mr. Fernandez requested to have the Commission delay the project of paving Panama Road (from Moss to Shore Road). Commissioner Ferring stated to Mr. Fernandez regarding sending E-mail communications to the Mayor and said in the future when Mr. Fernandez has something like this to bring forth, he thinks (Commissioner Ferring) that the proper protocol would be to direct it to the City Manager's office as opposed to the Mayor's office. Mr. Fernandez said he did direct his letter to the City Manager and the City Manager has given to the City Attorney and stated that the City Manager was asked to see that each Commissioner received a copy of the letter. Discussion. Art Hoffinann, Mt. Laurel Drive, spoke regarding the City Manager's salary change and suggested that from time to time have the Commissions input at the beginning of the meeting. Mel Glickman, Aberdeen Circle, Chairman of the Commerce & Industry Development Board, informed the Commission that the breakfast that was scheduled for Wednesday morning has been canceled. The response from the business community was not what the Board had hoped and key members of the Staff will not be available for the meeting. Mr. Glickman said the has decided to have an annual breakfast in the Spring. Mayor Bush closed the Public Input. Commissioner Ferring said he would like to put the issue of the City Manager's compensation on the agenda. Mayor Bush said there is a motion to add this to the agenda. Motion dies for lack of a second. Mayor Bush asked the Commission if they had any objection to having Commissioner Ferring speaking on this subject at this time. There was no objection by the Commission. Commissioner Ferring stated that he was taken back when he listened to the tapes of the last meeting and said he has several questions: 1) the raise that the Commission put into effect by three Commissioners, was totally illegal because it was never put on the agenda; 2) there was a City Manager compensation survey handed out, surrounding Cities average in population to Winter Springs and said he would like to ask the City Manager: who put this survey together. Manager McLemore stated that the survey was put together by Mr. Ketteringham, General Services Dept. Commissioner Ferring asked Mr. Ketteringham if he put the survey together and at who's request. Mr. Ketteringham stated yes he put the survey together and it was at the City Manager's request. Commissioner Ferring said with regards to the survey he noticed that it was delineated on several of the Cities in the surrounding area the base salary, retirement, different comps., auto allowances, life insurance; and stated that there was something left out, and that is the tenure. Commissioner Ferring asked the City Manager if he feels his ability to serve as the City Manager is much greater than all the City Manager's in the local area. Manager McLemore stated he thinks his ability to serve as the City Manager is equal to anyone in the area. Commissioner Ferring gave a run-down on some of the City Manager's in our area (taken from the survey). Commissioner Ferring stated that he thinks Mr. McLemore is very in depth at what he does; in the City Manager's contract and the personnel policy of this City, we are governed by what the rest of the employees of this City has to do and what the Manager, by contract, has stipulated and agreed to and Commissioner Ferring read from a portion of the City Manager's contract. Commissioner Ferring said he is asking his Commission colleagues to consider what they are doing, because the raise that they did put in and retroactive, is unbelievable when it specifically says annually, and said he has no problem in evaluating the City Manager and said the Commission should evaluate the City Manager. When the evaluation is done, that is when the recommendation is made on to what the merit of the raise should be, that is according with past policy, the personnel policy of this City. Commissioner Ferring stated that he suggests that the raise has not been done properly and said he doesn't think it is a legal entity and said he thinks it should be completely dismissed and go through the proper process in evaluating the City Manager in accordance with his contract and in accordance with the personnel policy of the City of Winter Springs. If that comes out fine and the Commission wants to give the City Manager a raise, that's up to the Commission and said he thinks the Commission should not throw everything to the wind. Mayor Bush said as the Mayor he can place things on the agenda and said he is going to place this subject on the agenda tonight and said this now is on the agenda for the Commission to take action if they wish. Commissioner Conniff stated that he had made the motion and said he made the motion to extend the meeting past 11 :00 p.m., and said there were citizens in the chambers, it was not a closed session, it was not an executive session, it was open to the public and said he was voted on the Commission by the citizens and said he did what he thought was right and said he will stay by it. Mel Glickman, Aberdeen Court, spoke regarding the City Manager's raise. Manager McLemore stated that it is not uncommon in the private or public sector when the Chief Administrative Officer/Chief Executive Officer, who the Board of Directors thinks is doing a good job to go outside the bounds of the contract to express that. Manger McLemore stated (as an example) that Casselberry's City Manager had a contract and he was given an increase after his first six months of service there. Manager McLemore stated that the Commission has spent a lot of money this year to try to bring the employees up to market level. Manager McLemore said that he appreciates the Commission's consideration and said he has worked hard and will continue to work hard for the Commission regardless what is done tonight. (j.9 ~~ Commissioner Ferring said it appears to him that Manager McLemore has brokeq"his own raise, not only does he see possible violations of some sort but the way the tapes read (and those are a matter of record and will be dealt with at some point) and said he is asking him (McLemore) to go by the contract that was written with his knowledge and his consent and to take the Commission "off the hook" by agreeing to go through the evaluation process that is called for in the contract and in the personnel policy of this City and at such future time, if the Commission so desires to award him aamerit raise, on the annual basis then so be it. Commissioner Ferring said he thinks that he should weigh very carefully that appeal to him, because he thinks if the Manger is willing to do that the rest of this Commission will abide by it. Commissioner McLeod said he doesn't know where the violations are coming from, but he had brought the issue up under his seat, which is a normal way of doing things quite often. Commissioner McLeod stated that he asked for an opinion of the rest of the Commissioners, he did not make the motion, and said he had not talked to that Commissioner about the possibility of a raise, he had no contact or communications with that Commissioner or any other Commissioner on this Board regarding this particular item or any other item that evening. Commissioner McLeod said the Commissioners came to their own conclusions and said he had asked for the survey to be put together by the City Manager; the City Manager did not solicit it, he had asked for it and the City Manager went ahead and did what he asked him to do. Commissioner McLeod said that he thinks as a Commissioner he has the right to do that. Commissioner McLeod said in any way shape or form feel any remorse for the fact that this subject moved forward. Commissioner McLeod said he thinks the City has a Class-A City Manager, and said he recognizes it and feels we need to keep him with the City and the City needs to go forward and the City needs to have Class A people in it's government and said that is one of the reasons he was behind this and said he also felt that after October this does change in the amounts of monies that we say we can bring people forward and said he had alluded to that; and said as the Commission knows that the City Manager had asked (during discussions of the budget) the Commission if they will evaluate and to put a dollar figure in the budget for the City Manager, the Commission did not do that and the City Manager did not put a dollar figure in his line item, he asked the Commission to do that. Commissioner McLeod said the Commission is to the point where we are to approve the City budget and the Commission had not done that and said that is part of the reason behind of why he stepped forward and brought it up because it was not being moved on. Commissioner Ferring said ifmemory served him correctly, the former City Manager was under strict scrutiny by Commissioner McLeod and had raised whatever issues he had to do with the City Manger at a Commission meeting; and said that there is a policy that no individual Commissioner takes it upon himself to dictate anything that concerns the rest of the Commission and this City without the advise and consent of the rest of the Commission. Commissioner Ferring said if it was Commissioner McLeod's intention to get this going, then he thinks Commissioner McLeod is obligated to let the rest of the Commission know what his intentions were and more specifically he (Ferring) has a vivid recollection that the Commission did put a number in the upcoming budget to address this situation at $7,500 and said he is not trying to beat anyone out ofa raise, what he is saying how does it look for the rest of the employees for the City. Commissioner Ferring said the personnel policy calls for an annual evaluation and a raise based on merit; and if he is not wrong, there was a range where an employee can go to. Commissioner McLeod said he did not make the motion, his original intent was to bring it up and for it to be put on the agenda this evening, another Commissioner at the time had made the motion. Commissioner McLeod said it is again on the agenda and said he has no problem with a Commissioner making a motion. Mayor Bush asked the City Attorney (for clarification) does the Commission have the right to change the City Manager's contract regardless what the contract says, is that correct. Attorney Kruppenbacher said that is correct if the City Manager agrees with it; you are both parties, you can mutually agree to change the contract. Mayor Bush said what the Commission did that night was certainly legal. Attorney Kruppenbacher stated yes. Motion was made by Commissioner McLeod to go ahead and bring the City Manager's salary to $82,624, which is the average of the eight Cities. Seconded by Commissioner ConnitT. Discussion. Commissioner Ferring said he thinks this is doing the City a disservice, and thinks it is a disservice to the taxpayers and the taxpayers will be the one you will be accountable to; the arrogance of what the Commission is doing is unbelievable to prove a point and these taxpayers will get the message because what the Commission is doing is throwing everything to the winds, nothing counts anymore, no contracts, no anything. Attorney Kruppenbacher asked if the motion incorporates retroactivity, because it was not specified and the last motion did incorporate it. Commissioner McLeod said no his motion did not retroactive it; Commissioner McLeod also stated that his motion will include a date which will be November 1, 1996. Mayor Bush asked if the maker of the second agrees with the amendment. Commissioner Conniff said he agreed to the amendment. Commissioner McLeod said he would like to point out that this is not due to any arrogance or anything else, if certain Commissioners don't agree to it then he understands that, they have the opportunity in their vote to voice their opinion as all Commissioners on this Board will as the vote goes, and he stated that he doesn't know if it will go through or won't and in either case which ever way it goes he is willing to abide by that and said he thinks all Commissioners should go forward from that point. Attorney Kruppenbacher said procedurally he thinks the Commission will need a motion first to rescind the Commission's prior vote, otherwise the Commission will end up with two conflicting votes. Discussion. Commissioner F erring said he is not in opposition to the City Manager receiving a merit increase, and said he is in opposition of the complete lack of continuity between the City Manager's contract, a City Personnel Policy, which means that every other employee in this City is open to receive the same kind of benefit, that means every employee no longer needs to be guided by Personnel Policies or contracts. Commissioner McLeod said that is an opinion by a Commissioner, the City Manager is under a contract, this Commission has the right to look at into that contract and change it if both parties are in agreement (we have been told that legally), our employees are not under the same contract. Mayor Bush said with the Attorney's recommendation, the motion needs to include something that the previous contract has been rescinded. Discussion. Commissioner McLeod withdrew his motion. Commissioner Conniff withdrew his second. Motion was made by Commissioner ConnitT to rescind the vote taken at the last meeting regarding the City Manager's salary increase. Seconded by Commissioner Gennell. Discussion. Commissioner Ferring said again, if the Commission votes on this (in his estimation) the Commission is throwing every type of personnel policy and every type of contract to the winds. Mayor Bush stated that the motion is to rescind the motion taken at the last meeting. Vote: Commissioner Conniff: aye; Commissioner Ferring wanted to abstain. Attorney Kruppenbacher stated that Commissioner Ferring cannot abstain by law as Commissioner Ferring has no conflict. Commissioner Ferring again stated he abstained. Attorney Kruppenbacher said he is advising Commissioner Ferring that he is not legally permitted to abstain from a vote under Florida law unless he has a conflict, and stated that Commissioner Ferring does not have a defined conflict of interest. Discussion. At this point in the meeting Commissioner Ferring stated that he is not abstaining and he is not present and at this point left the meeting at 8:55 p.m. (Continuation of vote) Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner McLeod to give the City Manager a salary increase to $82,624 which will go into effect November 1,1996 and that should bring him to the average of the eight surrounding Cities as was surveyed. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher said for the benefit of the record he would like to put in it that The Government in the Sunshine Manual, written by Pat Gleason - the general council for the Attorney General Robert Butterworth, page 45, Section 286.01 Florida Statutes provides no member of any State, County, or Municipal Government Board, Commission or Agency, who is present at any meeting of any such body at which an official decision, ruling or other official act is to be taken or adopted may abstain from voting; a vote shall be recorded and accounted for each such member present except when, with respect to any such member there is or appears to be a possible conflict of interest under Florida Statutes 112.311, 112.313, and 123.143. Mayor Bush called for a recess at 8:56 p.m. Mayor Bush reconvened the meeting at 9: 10 p.m. CONSENT AGENDA Land Management Division A. Requesting Commission approval for the Acceptance of the water, sewer and reclaimed water systems for public ownership and maintenance, Arrowhead Unit I. PURPOSE: to accept the water, sewer and reclaimed water systems for public ownership and maintenance. These improvements are located in Unit 1 of Arrowhead Subdivision (that property located on the edge of the Tuscawilla Golf Course along Winter Springs Boulevard and Northern Way). Fire Department B. Requesting authorization to enter into a service agreement for Billing Services for the Emergency Medical Transport System. PURPOSE: to gain Commission authority to discontinue the Billing Services provided by EMTS Corporation and to request authorization for the City Manager to enter into a service agreement with Medical Compliance, Inc. for Billing Services for the Emergency Medical Transport System at a cost of 5.5% of the collected amount. Public Works - Stormwater Division C. Requesting authorization to waive the bidding procedures for emergency repairs to the Stormwater Pipes on Meadowbrook Drive. PURPOSE: to request that the Commission declare the necessary stormwater piping repairs on Meadowbrook Drive an emergency, waive the bidding procedures and authorize the repairs be performed at ta cost of$8,613.00 plus 10% contingency. ACTION: Motion was made by Commissioner Gennell to approve the Consent Agenda. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Gennell: aye; Re2ular Meetin2 City Commission October 14.1996 96-97-01 Pa2e 9 Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye. Motion passes. INFORMATIONAL AGENDA Parks and Recreation Department A. Request the Commission review the Lake Tuscawilla Cleanup day Flyer which will be distributed throughout the Tuscawilla development informing residents of the event scheduled to be held Saturday, November 2, 1996. PURPOSE: to update the Commission on the event should they be asked about the event, and to extend an invitation to the Commission and the public to visit the event. ACTION: Motion was made by Commissioner Conniff to approve the Informational Agenda. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. REGULAR AGENDA Fire Department A. Request Commission hold a Public Hearing relative to the second reading and approval of Ordinance No. 628 which will amend Section 9-157 ofthe Code of Ordinances, inserting language to provide for access standards into gated communities for public safety purposes. PURPOSE: to have the Commission adopt Ordinance No. 628 implementing the policy that was approved at the Regular Meeting of the City Commission on August 12. 1996: Motion was made by Commissioner Conniff to read Ord. 628 by title only. Seconded by Commissioner GenneU. Discussion. Vote: Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Ord. 628 by title only. Attorney Kruppenbacher read Ord. 628 by title only. Mayor Bush opened the Public Hearing and asked if anyone present wished to speak for or against the Ordinance. No one wished to speak on the Ordinance. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Conniff to adopt Ord. 628. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Land Management Division B. Request Commission approval for the Second Reading of Ordinance No. 625 to vacate a portion of the drainage and utility easement located along the lot line between lots 231 and 232, Tuscawilla Unit 14B (679 and 681 Canadice Court). PURPOSE: to vacate a portion of the existing drainage and utility easement located along the lot line between lots 231 and 232, Tuscawilla Unit 14B (679 and 681 Canadice Court): Ree:ular Meetine: City Commission October 14.1996 96-97-01 Pae:e 10 Motion was made by Commissioner ConnitT to read Ord. 625 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 625 by title only. Mayor Bush opened the Public Hearing. Mayor Bush asked if anyone wished to speak on Ord. 625. No one wished to speak on Ord. 625. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner ConnitT to approve Ord. 625. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Item C tabled until the October 28, 1996 meeting. Mayor Bush asked for a motion to read Ordinances 626,627,629 and 630 by title only. Motion was made by Commissioner GenneU to read Ordinances 626, 627, 629 and 630 by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye. Motion passes. Community Development Division D. Request Commission hold a Public Hearing and approve the second reading for adoption of Ordinance No. 626 changing the Future Land Use designation of the Lefller property; located on the south side of S.R. 434 from Commercial to Mixed use. PURPOSE: to request the Commission hold a Public Hearing and second reading for adoption of Ordinance No. 626 to change the future Land Use Map designation of the Lefller property (8.1 acres) from Commercial to Mixed Use: Attorney Kruppenbacher read Ord. 626 by title only. Mayor Bush opened the Public Hearing. Mayor Bush asked if anyone wished to speak regarding Ord. 626. Gene Lein, 1173 Winged Foot Circle East, again asked that the four items D, E, F and G be tabled. Donald McIntosh, Donald W. McIntosh Associates, representing the applicant spoke for the request. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Langellotti to approve Ord. 626. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Re!!Ular Meetine City Commission October 14.1996 96-97-01 Paee 11 Community Development Division E. Request Commission hold a Public Hearing and to approve the second reading of Ordinance 627 changing the Future Land Use designation of the Morrison property located on the south side of S.R. 434 from Commercial to Mixed Use. PURPOSE: request the Commission hold a Public Hearing and second reading for adoption of Ordinance 0.627 changing the Future Land Use Map designation of the Morrison property (5 acres) from Commercial to Mixed Use: Attorney Kruppenbacher read Ord. 627 by title only. Mayor Bush opened the Public Hearing and ask if anyone wished to speak on Ord. 627. Donald McIntosh, representing the applicant stated he is in support of the Staff's recommendation. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner GenneU to approve Ord. 627. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Community Development Division F. Request Commission hold a Public Hearing and to approve the second reading for adoption of Ordinance No. 629 to rezone the Leffler property from (R-U) Rural Urban to (PUO) Planned Unit Development. PURPOSE: request Commission hold a Public Hearing and approve the second reading of Ordinance No. 629 to rezone the LeIDer property from Rural Urban to Planned Unit Development consistent with the property owner's request for redesignation of the property from Commercial to Mixed Use on the Future Land Use Map: Attorney Kruppenbacher read Ord. 629 by title only. Mayor Bush opened the Public Hearing and asked if anyone wished to speak on Ord. 629. No one wished to speak on Ord. 629. Mr. McIntosh stated that there is a Developer's Agreement on this piece of property in place and stated that he would like the Commission to know that these two properties will likely be developed together as was presented previously. Mr. McIntosh stated that when the entrance is coordinated for a D.O.T. crossing, is brought into the residential tract, it is possible that buffering that entrance from the commercial tract with landscaping will be an attractive part of the design. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner ConnitTto approve Ord. 629. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Res!Ular Meetine: City Commission October 14.1996 96-97-01 Pae:e 12 Community Development Division G. Request the Commission hold a Public Hearing and to approve the second reading for adoption of Ordinance 630 to rezone the Morrison property form (R-U) Rural Urban to (PUD) Planned Unit Development. PURPOSE: request Commission hold a Public Hearing and second reading of Ordinance No. 630 to rezone the Morrison property from Rural Urban to Planned Unit Development consistent with the property owner's request for redesignation of the property from Commercial to Mixed Use on the Future Land Use Map: Attorney Kruppenbacher read Ord. 630 by title only. Mayor Bush opened the Public Hearing and asked if anyone wished to speak on Ord. 630. Mr. McIntosh, representing the applicant, stated that they respectfully request the Commission support and will answer any questions. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner ConnitT to approve Ordinance 630. Seconded by Commissioner Gennelt. Discussion. Commissioner Gennell said she would like to direct the City Manager to do what he can to see if Staff can come forth with a solid policy that will avoid what has happened with regard to the Planning and Zoning Board happening in the future. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. General Services Department . H. Request the Commission ratify the Third, Fourth, Fifth, Sixth and Seventh Amendments to the City of Winter Springs Money Purchase Pension Plan in accordance with Section 14-51 (b) Code of Ordiances of the City of Winter Springs, Florida by Resolution No. 798. PURPOSE: to allow the Commission to ratify the Third, Fourth, Fifth, Sixth and Seventh Amendments to the City of Winter Springs Money Purchase Pension Plan, in accordance with Section 14-51 (b) Code of Ordinances of the City of Winter Springs by Resolution No. 798: Motion was made by Commissioner Gennell to read Resolution 798 by title only. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Resolution 798 by title only. Motion was made by Commissioner Langellotti to approve Resolution 798. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye. Motion passes. City Manager I. Requesting Commission to table until October 28, 1996, a public hearing and consideration of approval of the second reading of Ordinance 623 providing for a lease of City property located at the sewer plant site on State Road 434 adjacent to the Winter Springs Golf Course and that property Re1!Ular Meetin2 City Commission October 14. 1996 96-97-01 Pa2e 13 located at the intersection of Shore and Panama Road (presently has ponds on site) to PrimeCo Personal Communications of Tampa, Florida for the purpose of erecting a telecommunications tower on each site. PURPOSE: for the Commission to table Commission consideration of a lease of property located at the City Sewer Plant on State Road 434 adjacent to the Winter Springs Golf Course and that property located at the intersection of Shore and Panama Road to erect monopole telecommunications towers: This item tabled until the October 28, 1996 Commission meeting. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher stated that he and the City Manager have been working on the issues associated with the wall along Tuskawilla Road. And as well as an issue brought to him by the City Manager regarding a beautification district for the Tuscawilla PUD. Attorney Kruppenbacher said he wanted to advise the Commission that he has brought in to council on both matters given the development and law within the last year, Robert Neighbors, from Tallahassee. Mr. Neighbors is the leading authority in the State on the issue of these types of districts. Attorney Kruppenbacher stated that he and the City Manager has conferred with Mr. Neighbors will be working through him (Kruppenbacher) to work on these topics with the City Manager. Attorney Kruppenbacher also stated that at the time that the City was involved in the North Orlando Water and Sewer Acquisition, the City received a deed and that deed included a certain property that was a duplex, which was the conveyor's property to convey to the City. Attorney Kruppenbacher said he would like for the City to quick claim back that piece of property and asked the Commission to have the Mayor sign the quick claim deed. The Commission was in agreement. Attorney Kruppenbacher mentioned that he received a copy (in the mail) of a letter written to Mayor Bush from Loney Group to Deputy County Attorney, requesting that the City Commission direct the City Attorney to support the County in it's efforts to fight a case involving Eaton Park Village, dba, The Family Living Center vs. Seminole County Board of County Commission, in which on petition for rit-of-certuary involving the County's denial of an ACLF. Discussion. Attorney Kruppenbacher said he doesn't recommend that the City get involved in this case with the County. The Commission was in agreement with the Attorney's recommendation to not getting involved with the case with the County. Commissioner Gennell asked about the Billboard Moratorium. Attorney Kruppenbacher said it needs to be extended and will be an agenda item at the next meeting and for the record there will be a pending ordinance on the billboard moratorium to deal with it. Attorney Kruppenbacher asked Manager McLemore if he agrees with the modification to his employment contract that the Commission wants to make. Manager McLemore stated he agrees to it. City Manager - Ronald W. McLemore: Manager McLemore displayed a board depicting property taxes for the other Cities in the County and Res!Ular Meetin2 City Commission October 14. 1996 96-97-01 Pa2e 14 noted that Winter Springs has the lowest City property tax rate of any of the other Cities. Manager McLemore said the County wide average is 4.8863 and the City of Winter Springs' millage for this year is 3.6083. Manager McLemore informed the Commission regarding the Police Chief s opening, the applications have been gone through and from 110 resumes it has been narrowed down to 10 and that process is moving along fairly rapidly and at this time the ten finalists have been sent a series of questions that will come back to the Citizen Advisory Committee on November 7, 1996; they will then cut the list down to five finalists and those five finalists will then go into the assessment center element of the selection, which will involve a rigorous evaluation of the final five. Manager McLemore said he is hoping to have a recommendation to the Commission for the next Police Chief probably in December and ifnot certainly no later than the first of January. Commission Seat In - John Langellotti: Commissioner Langellotti said he has two appointments to make one to the Rails to Trails Task Force and that is George St. Pierre, 875 Benchwood Drive, 699-1547. Commissioner Langellotti also mentioned that AI Becker has resigned from the Board of Adjustment and said he would like to appoint Fred Cottenbach, Winged Foot Circle West. Motion was made by Commissioner ConnitT to approve the appointment to the Rails to Trails Task Force and the appointment to the Board of Adjustment. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner Langellotti also stated that the City of Winter Springs if hosting the Tri-County Luncheon is being held on Thursday at the Tuscawilla Country Club. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked if it would help expedite anything if the approval of the minutes in the Consent Agenda. Commissioner Gennell stated that with regards to the Seminole County Expressway Authority, the Cities collectively get to appoint two elected municipal officials to serve as members on the Authority and stated that Betty Smith, the Mayor of Sanford is not running for reelection and CALNO is the body that generally makes the recommendations to the County for the appointment; CALNO has recommended Commissioner Whitey Eckstein from Sanford to take Mayor Smith's place and CALNO is asking the Cities to endorse that nomination. Motion was made by Commissioner Gennell to recommend Commissioner Whitey Eckstein serve on the Seminole County Expressway Authority per the recommendation of CALNO. Seconded by Commissioner Langellotti. Discussion. Vote: Commission Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye. Motion Resmlar Meetin2 City Commission October 14.1996 96-97-01 Pa2e 15 passes. Commission Seat V - David McLeod: No Report. Commission Seat I - Larry Conniff: Commissioner Conniff stated he has two appointments to the Rails to Trails Task Force: George Barkus, 50 Tarpon Cr. and Terri McCall, 209 Williams Road. Motion was made by Commissioner LangeUotti to appoint Mr. Barkus and Ms. McCall to the Rails to Trails Task Force. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye. Motion passes. Commissioner Conniff stated that he received a letter of resignation from David Hopkins from the Planning and Zoning Board. Commissioner Conniff stated that he was talking to a Professor from the University of Florida, who is a Botanist and said he was telling the Professor about the Rails to Trails that the City possibly has coming in and the Professor said he has the capacity with infrared light to take pictures along the trail to see which are diseased trees that may present a problem and said he wouldn't mind donating his time to the City, if the City so desired, to go through the path and clean out the diseased trees. Commission Seat II - John Ferring: Absent O. Mayor's Office - John F. Bush: Mayor Bush mentioned the Tri-County Luncheon. Mayor Bush also mentioned a letter from Bob Crawford, having to do with the Cabinet tabling the Rails to Trails purchase and read a portion of the letter for the public present. Mayor Bush stated that the Oak Forest residents need to be informed of the progress of what the City is doing in terms of the investigation of the different taxing districts. And mentioned that there is a lot of misinformation going around and maybe a letter to the residents keeping them apprised of what is going on. Commissioner Gennell suggested sending the letter to the Oak Forest Newsletter and asking them to publish the letter. Discussion. The Commission were in agreement to having the Mayor work with the City Manager in writing a letter and to send it to the Oak Forest Newsletter asking them to publish it. Resmlar Meetine: City Commission October 14.1996 96-97-01 Pae:e 16 Mayor Bush said the Tuscawilla Homeowners Association should be notified likewise of the issue of the beautification. The meeting adjourned at 9:50 p.m. Respectfully Submitted, c4~'~A-~ ~ Hopkins, City Clerk APPROVED: ~~