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HomeMy WebLinkAbout1996 04 08 Other Date: 04/08/1996 The following Minutes for Meeting 03251996 were approved during the 04/08/96 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION MARCH 25, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30p.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 Langellotti, present Cindy Gennell, present David McLeod, present Manager McLemore stated that he had a request to pull Item G from the Informational Agenda to dispose of it separately. Manager McLemore then mentioned that he has a hand-out for Regular Agenda Item B. Manager McLemore also mentioned that there are two add-on items for the Informational Agenda, Items H and I. Mayor Bush recognized students from Lyman High School. Approval of Minutes of March 11. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of the Regular Meeting of March 11, 1996. There were no additions or corrections to the minutes of the Regular Meeting of March 11, 1996. Minutes stand approved as presented. Mayor Bush stated that each year the Commission has saw fit to recognize an outstanding senior citizen who has contributed to our City in one way or another and said tonight he and the Commission would like to honor one such individual. Mayor Bush said a Resolution was passed at ffie last meeting and read Resolution No. 776. Mayor Bush.presented Gladys Zahand with Resolution No. 776 and a plaque for her outstanding volunteerisum to the City of Winter Springs. Ms. Zahand thanked the Mayor and Commission and stated that this is a great honor and said whatever she has done in the past and whatever she does now, she does because she enjoys doing it and does it because she wants to and not because she has to. PUBLIC INPUT Mayor Bush read a letter into the record (which is attached hereto and is made part of the record). Mayor Bush stated that after much thought he has resigned his position as Publisher of the Winter Springs news and sold his stock in the corporation. Mayor Bush stated that his decision was made because of his position as Mayor of Winter Springs has the potential to inhibit the reporters and Editor of the paper from taking positions on issues of City government that might not be popular with some. Mayor Bush stated that he plans to contribute to the paper with his thoughts on government Regular Meeting City Commission March 25,1996 95-96-12 Page 2 and activities in the City as he has done in the past because he firmly believes that all citizens should be kept informed. Commissioner Langellotti expressed his appreciation to Gladys Zahand for the help .she has given to him and the seniors for the past ten years. Tom O'Connell, 1718 Seneca Blvd., spoke regarding the March 11, 1996 Commission decision to investigate the Tuscawilla Homeowners Assoc. Isabelle Laub, 1372 Blue Spruce Ct., wished Gladys Zahand everything good as she has done a lot for Winter Springs. Ms. Laub then spoke regarding the Commission meetings of February 12, 1996 and March 11, 1996. Jim Mathews, 1824 Seneca Blvd., Board Member of the Tuscawilla Homeowners Assoc., spoke regarding the Commission meeting of March 11, 1996. Attorney Kruppenbacher stated that he doesn't think the Commission voted to authorize any litigation be filed against the Homeowners Assoc. or anyone else. At the last meeting, what the Commission supported was the retention of outside council (because he opined to the Commission that he would not involve himself in this process). The retention of an outside attorney to advise the Commission what if any action the Commission should take. The formation for that judgement (as he understands it) is that there are many people within the community who have approached various members of the Commission regarding the unsettling things they have read in the paper and have had questions regarding what has occurred and what if any damage if any damage was done to the City as a result of this efforts. Attorney Kruppenbacher stated it was his understanding that the Commission asked for or authorized Commissioner Ferring to contact through him (attorney) an independent attorney. CONSENT AGENDA General Services Department A. Approval of the Seventh. Amendment to the city Pension Plan providing for a time certain for retirement payments to begin. Parks and Recreation Department B. Request Commission review the Personnel Policy - Section 20-2, Nepotism, for clarification. Motion was made by Commissioner Gennell to approve the Consent Agenda. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner Ferring asked that the purpose of each item be put on the agenda so that the audience can get a better understanding of what the Commission is talking about. Regular Meeting City Commission March 25, 1996 95-96-12 Page 3 INFORMA TIONAL AGENDA Parks and Recreation Department A. Review of the Special Event Flyer regarding the Easter Egg Hunt to be hosted at Central Winds park for Winter Springs residents. B. Review of the letter from the City Manager to Sheriff Donald F. Eslinger relative to the Chain Gang Service Program. Fire Department C. Review of the goal, outline and evaluation tool for the annual "Right to Know Training" to be held for all City employees. Finance Department D. Advising City Commission of the amended Budget Calendar for FY 1997. Parks and Recreation Department E. Request City Commission review information on the Sam Smith and Trotwood Park fencing projects as an updated status report on the projects progression. Police Department F. Informing City Commission of an accident involving a police vehicle. General Services Department G. Request City Commission to consider a Request for Donation to Defray Cost of City Impact Fee for one (1) affordable housing Single-Family Unit. City Manager's Department H. City Manager advising the Commission of the results of the Strategic Planning Workshop on Information Systems Management for the City. City Clerk's Department I. City Clerk advising the Commission of the City Clerk's Strategic Planning Workshop being organized for the Clerk's office. Manager McLemore reminded the Mayor that Item G be removed for discussion. Manager McLemore said that Item G involves a request of the local Catholic Parish relative to an affordable housing unit. The Commission had directed the Manager to come back with a report on a general fund contribution for impact fees. Manger McLemore stated that he understands that there is a desire among members of the Commission to amend this item or further discuss it. Commissioner Ferring said the Manger has set forth two options for the Commission's consideration. 1. The City could make a donation from the General Fund to reimburse the Church for the police, Regular Meeting City Commission March 25,1996 95-96-12 Page 4 fire and transportation impact fees for the first house and assist the Church with the application with SillP Funds for future projects from the County. Commissioner Ferring said he would like to request that the sewer and water connection fees be added into the donation. Manager McLemore stated with the additional fees added the amount would be $4,071.05; the water and sewer fees amount is $2,392.00 and the impact fees amount is $1,679.05. Commissioner Gennell stated that this is taking on the look ofa donation; Commissioner Gennell said' she is in favor of these kind of things; but her concern is what will the Commission do when another builder of affordable housing comes in and say they represent an organization and also want almost $5,000 in help. As a Commission when we were doing the budget, certain Commissioners were looking to reduce the budget and cut back and reduce taxes, they eliminated all the charitable contributions. So how do we distinguish this item from any other charities. Commissioner Ferring stated we are a City and a community and said he thinks part of our obligation is to try and help in areas that we can help, affordable housing is one of the areas that is spoken about in our Comprehensive Plan and yes this is a form of a donation. Commissioner Ferring said he thinks it shows that the City of Winter Springs is able to do something in it's City that many other Cities throughout the entire Nation and throughout the communities in Orange and Seminole Counties, that have been doing in for a long time. The Habitat for the Housing Builders are well taken care of by other communities. Commissioner Ferring said he doesn't see what the problem is; therefore he said he thinks the request is reasonable and would hope that the Commission supports it. Commissioner Langellotti stated that the City of Oviedo did a similar thing for two homes that this organization did in Oviedo for Habitat for Humanity; the policy of Habitat for Humanity is to go to the municipalities and request this donation and said he thinks the Commission should go along with it because we are helping needy people to meet the reasons we have to under our comprehensive plan and said he doesn't see any problem with this. --Mayor Bush stated that he spoke with the Manager about lhis and said that this is a one time request because future requests will go through the SHIP Funds. Another item is that this is a privately owned home, it will not be owned by the Church which means the City will collect taxes from this home. However, what Commissioner Gennell said is something the Commission did discuss two years ago when we did the budget; Mayor Bush said what he would like the Commission to consider along with this item as well is that there are many worthwhile charities in the City as deserving as this one and said he would like to see our City work together with the organizations in the City to establish some kind of an event that we can raise funds through attendance, that then the Commission, at their discretion, could use for charitable donations. Mayor Bush said that might be a way to address these issues in the future. Commissioner Gennell said it is a large amount, it is more than was in the budget for the charities that we gave away. Commissioner Gennell stated that she is in full support of this, however, she said the Commission needs to revisit during the budget period whether the Commission wants to provide for Regular Meeting City Commission March 25,1996 95-96-12 Page 5 these things as part of the regular budget and if the Commission doesn't want to provide for them in the regular budget, then we need to know how much we are going to be able to budget for these purposes from a fund raiser. Commissioner Conniff stated he agreed with Commissioner Gennell regarding the funds. Commissioner Geonell asked if the City could get reimbursed through the SHIP Funds on this project. Manager McLemore said that they attempted that, but this is a grant type project and have set times of the year on which they call for request for grants and that time has passed. This project is beyond the application period for this particular unit; for future units they could apply. Motion was made by Commissioner Ferring that for a one time and one time only until the SHIP Funds are in place that the City make a donation in the amount of $4,071.05. Seconded by Commissioner Langellotti. Discussion. Commissioner Ferring withdrew his motion. Commissioner Langellotti withdrew his second. Discussion on Item G of the Informational Agenda. Motion was made by Commissioner Gennell to approve the Informational Agenda less Item G, subject to the comments in the record regarding Item G. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. REGULAR AGENDA General Services Department A. Request preliminary approval to the Visioning Conceptual Plan, and to direct Staff to complete the proiect: Manager McLemore stated in the interviews that he had with the Commission, the Commission had established that this is one of the Commission's priorities. The Commission directed him (Manager) to work with Staff, property owners and various people to try to bring this item back to the surface for priority action. Manager McLemore said we have attempt to do just that in the last month and stated that Mr. Mike Wadley, of Berryman and Henigar, consultant for the City, will report to the Commission as to the status and will answer any questions the Commission might have. Mr. Wadley gave his presentation to the Commission, which was a review of the conceptual plan. Mr. Wadley stated that the vision statement that was developed for the corridor is "to create a pleasant view while traveling along the corridor with the perception of being a green image characterized by canopy street trees existing and planted, planted or natural landscape buffers, controls signage, site access, reasonable parking and building setbacks and other site development standards." Mr. Wadley mentioned that the sketches that are present are not to be the final guidelines that are developed but are vignettes that might represent how this vision might be played out. Following that our task was to develop street-scape guidelines to implement the vision. Regular Meeting City Commission March 25, 1996 95-96-12 Page 6 Mr. Wadley mentioned that after that task, a group of property owners worked with Donald McIntosh and Associates and prepared a set of design guidelines. Subsequent to that, the Staff reviewed the guidelines and prepared comments on those, and we were asked to comment and have also prepared comments that address both Staff and Mr. McIntosh's draft. After meetings with Mr. McIntosh and the group of property owners, it became obvious that the Commission needed to give some preliminary approval to the concept if we were to go forward and be meaningful, therefore we are bringing this to the Commission this evening, to allow us to go forward with the process by granting a preliminary approval to the concept that we have outlined and allow us to work and develop the guidelines which would then be brought back to the Commission or subject to other public input, as the Commission directs. Following that, we will prepare an overlay zoning district which would convert the guidelines into a set of zoning restrictions that would govern the property. Ifit were determined that any rezoning or comprehensive plan amendments would be necessary, then we would follow up and do that in the process and that would complete our contract. Discussion on this item. Commissioner Ferring questioned about 330' of the center line of the entire parcel and now we are involved to the Lake and said he thought that there was a stipulation that we wanted 330' from the center median which would encompass what the corridor visioning was going to be. Commissioner Ferring also stated that he was under the impression that if we were to give the Planning Dept. the go-ahead, we wouldn't need Berryman and Henigar and that the cost that would have to be born for the studies that lay ahead, we could do ourselves with our Staff . Tom Grimms, Community Development Coordinator, stated that with respect to the 330', he was asked by his superiors to do a Staff review of Mr. McIntosh's submittal and did that and one recommendation that he (Grimms) made was a distance 0[330' from the center line of the right-of- ,vay of either side, wherein. the additional regulations that he envisioned would apply. Mr. McIntosh has suggested other wise, that for those properties that abut the right-of-way (the corridor) that the additional regulations would apply to whole of the property. Mr. Grimms stated that he has observed that there is property that goes back approximately 1800' to the north ofthe corridor, but that was merely his Staff review that he made in his report on Mr. McIntosh's proposals. There was discussion at Staff level about the possibility of City Staff continuing on with the project, there was never a definitive stand (as Grimms recalls) made on that. Commissioner Ferring said to Grimms, if he was given direction by the Commission to proceed with in-house support, would he (Grimms) be able to do it. Mr. Grimms stated that we have limited Staff to accomplish a lot of these tasks. Manager McLemore stated a project to be successful such as this requires disciplinary approach with a number of different disciplines and skills. Manager McLemore stated that we don't have that inner disciplinary approach to a project of this type; we don't have that in-house and Mr. Wadley is that technical person to try to help us make this happen. Mr. Wadley's scope of services is finite, as defined in his contract at this point in time. Which was to help come up with the overall concept (which is here) but then to get into the details of the various design issues and try to work between Regular Meeting City Commission March 25, 1996 95-96-12 Page 7 the property owners and the Staff; and to come up with a consensus of that with something that might work. Manager McLemore then stated that we do not have the time and Staff nor the inner diciplinary capability to undertake the planning stages of a project like this. Commissioner Langellotti asked if the Utility Director had a rough estimate for the cost of the underground lines along S.R. 434. Manager McLemore stated there is an estimate of cost but it is not addressed of any way to finance it. Manger McLemore stated that it is very costly, 4+ million dollars for. that corridor. Manager McLemore stated that he and Staff will bring back to the Commission two or three different alternatives to look at along with ways to try and finance it. Commissioner Langellotti said in the Manager's recommendations, number 4 - it says "Commission directs Staff to explore ways of expanding the visioning process to include other areas of the City such as Lake Jesup. Manager McLemore said there was discussion as to if some other kinds of opportunities existed in this visioning process. For example - are there ways that we could provide for some access to the Lake for recreation? Our question to you, the Commission, do you want us to entertain that kind of more expansive visioning process or limit it where it is. Manager McLemore asked the Commission if they desire to expand out the input at this point in time to get a more diverse set of opinions. Manager McLemore also stated that there are a lot of property owners that have not been involved in this process and he recommends to the Commission that the City does something to try and bring them into this process, to give those property owners an opportunity to see what is happening and to become involved and give their input. , Mayor Bush asked the areas along the northern portion that are not in the City and we have talked about annexation of those on-c1aves and said he thinks there is a reasonable chance that they will be part of the City. Manager McLemore stated that we probably will be addressing the on-c1ave issue and will be dealing with it as something we need to work with. Manager McLemore said in our visioning process should we think about how that area might fit into this, does it offer any opportunities to this process? Commissioner McLeod asked Mr. Wadley how far along is he in our contract with him. Mr. Wadley said the Commission does not have the full package; the information that the Commission has now are their comments to a combined document of Staff comments to Mr. McIntosh's guidelines. Given that package and their comments, they are probably 75% into street scape guidelines. Discussion. Commissioner McLeod asked that the Commission receive the guidelines that McIntosh and the property owners put together. Discussion. Manager McLemore stated that he feels that we think we will finish and be back to the Commission in May with a consensus between Staff and the property owners as to what the design guidelines should be for all the undeveloped area. Discussion. Regular Meeting City Commission March 25, 1996 95-96-12 Page 8 Commjssioner Conniff said he feels the Commission needs to give the City Manager the latitude to dream, this is the time not ten years from now, lets give our City Manager some direction, lets move forward. Commissioner Gennell suggested considering the undeveloped portion from S.R. 419 to Hayes Road as.it is undeveloped, green and has canopy trees. Commissioner Gennell said she feels that looking at the conceptual diagram, it seems that the Town Center is ended abruptly and the property east of TuscawillaRoad could be considered part of the Town Center. Commissioner Gennell said the lake is a tremendous opportunity and the land should be considered. Discussion. Commissioner Ferring stated that he would like to see on going progress reports so the Commission can keep abreast of what is happening between the property owners and the other parties that are involved. Manager McLemore said the plan is to be back before the Commission in about a month with the colurnination of the work between the City and the existing property owners. Motion was made by Commissioner Conniff to approve the Visioning Conceptual Plan and let the City Manager proceed. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Mayor Bush called for a short break at 8:50 p.m. Mayor Bush called the meeting back to order at 9:00 p.m. Finance Department Requesting action on the appointment of Auditors for the City beginning with Fiscal Year Ending September 30. 1996: Discussion on this item. Motion was made by Commissioner Conniff to give the City Manager the authority to negotiate with the top two firms and give the Manager the latitude to make his decisions and the top two firms are 1) Deloitte & Touche and 2) Ernst & Young. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion carried. Mayor Bush stated that the motion did in fact take into consideration if the Manager does not approve the top two firms then the Manager will come back to the Commission. Request from the Commerce/Industry Development Board for funding of a "Business Community Breakfast Meeting": Manager McLemore stated that the Commerce/Industry Development Board felt that this would open a discussion and opportunity for new dialog between the business community and the City. Discussion. Regular Meeting City Commission March 25,1996 95-96-12 Page 9 Motion was made by Commissioner Conniff to approve the appropriation of $450.00 for the Business Community Breakfast Meeting given by the Commerce/Industry Development Board. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. City Attorney -Frank Kruppenbacher - Citation for unsafe building procedures: Attorney Kruppenbacher said the item regarding citation for unsafe building procedures should be stricken permanently as he is satisfied that the existing Code deals with unsafe building procedures. Attorney Kruppenbacher addressed the issue regarding the Tuscawilla/Oviedo Mall issue. Attorney Kruppenbacher stated that at the last meeting the Commission did not authorize (vote or state) that the Commission would file suit against any homeowners or Homeowners Association. Attorney Kruppenbacher said he contacted Attorney Weinberg from Tampa and introduced Commissioner Ferring to Attorney Weinberg. Attorney Weinberg was given an overview briefing of the facts in this case and Attorney Weinberg said he would see if there might be a conflict of interest with the firm he is employed in and advised late Monday afternoon that neither he or his firm could identify any conflicts and that he was interested in this case based upon what was reviewed with him. Attorney Kruppenbacher stated that the cost for Attorney Weinberg would not exceed $10,000 to completely review and evaluate and advise the Commission what rights, if any it had on all of these issues. Discussion. Motion was made by Commissioner Ferring to retain the law firm of Zuckerman, Spader, Taylor and Evans specifically Attorney Weinberg and not to exceed at this point a preliminary investigation not to exceed $10,000. Seconded b)' Commissioner LangeHotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher spoke regarding the issue that Commissioner Langellotti raised of Commissioner Gennell missing six meetings while she was on the B.O.W.S. Bd. and receiving payment for that. Attorney Kruppenbacher stated that on 01-24-94 the Commission passed Ord. 551, which provides that each person appointed by the Commission to a Board shall receive a sum of $25.00 for each meeting of the Board the person attends, it is reimbursement for all expenses occurred when attending the meeting. Attorney Kruppenbacher said that the City Clerk advised him that once a month she goes through the attendance rosters and verifies who attended and who did not, those who attended are then processed through Finance for payment. Attorney Kruppenbacher said the conduct raised relates to conduct arising prior to the passage of this Ord. Attorney Kruppenbacher stated that he and the City Clerk looked at past ordinances and resolutions today and those ordinances and resolutions talked about payment to people for being on the Boards for reimbursement for expenses and they don't get into issues whether people attended or not from what we could tell in the City records. Regular Meeting City Commission March 25, 1996 95-96-12 Page 10 Attorney Kruppenbacher also said he spoke with Wayne Holmes from the State Attorney's Office. Missing six meetings and receiving payment for it is in the eyes of the law the same thing as missing one meeting and receiving payment. There were no requirements that I am aware of or the City Clerk is aware of that we could ascertain that required people prior to Ord. 551 to file a certification that they attended a meeting, so there are no written misrepresentations that someone attended and then received public money for. Attorney Kruppenbacher said it is his opinion as the City Attorney for the betterment of this City and those people who served on all your Boards that he is not going to take further action unless the Commission directs him to. Commissioner Langellotti stated that there will be further action, he will pursue this as a citizen of Winter Springs and will not consult with the City Attorney. City Manager - Ronald W. McLemore: Manager McLemore mentioned that as of today, he feels there is resolution with the Chelsea Parc issue. We have in writing a set of documents that all parties are in agreement as to what we need to do. Manager McLemore asked the Parks Director, Don Wilson to brief the Commission of a situation at the park. Mr. Wilson stated that the Press Box at the Park serves two functions, 1) as a Press Box to announce games and keep score; 2) it serves as Administrative Office for Parks and Recreation. We have had some problems there with children in the Press Box with and without parents. We have experienced some destruction there and said he has made written and verbal complaints to the Winter Springs Little League regarding this issue. Mr. Wilson stated that he feels that he has a joint agreement with the Little League and the City and feels this situation will be taken care of Commission Seat III - John Langellotti: No Report Commission Seat IV - Cindy Gennell: Commissioner Gennell mentioned that the City of Winter Springs is hosting the CALNO meeting on April 1, 1996 and invited the Mayor and Commission to attend. Commission Seat V - David McLeod: No Report. Commission Seat I - Larry Conniff: No Report. Regular Meeting City Commission March 25, 1996 95-96-12 Page 11 Commission Seat II - John Ferring: Commissioner Ferring mentioned that the montWy report from the Fire Department has handled forty transport cases and they were all done effectively and efficiently and said he wanted to commend the Fire Chief for the smooth operation the ambulance system in now in effect. Commissioner Ferring read an item from the last minutes to refresh the Attorney's memory. Mayor's Office - John F. Bush: Mayor Bush said the Commission all received an invitation to attend the Starlight Baptist Church for this Sunday and said that he will attend representing the City. Mayor Bush also mentioned that he had the opportunity to represent the City at one of our citizens who became an Eagle Scout. The meeting adjourned at 10:25 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk APPROVED: ~~ JOHN F. BUSH, MAYOR