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HomeMy WebLinkAbout1998 07 13 Regular Item E COMMISSION AGENDA ITEM E CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X July 13. 1998 Meeting MGR I!~PT Authorization REQUEST: City Manager requests the City Commission adopt Resolution 853 establishing the monthly expenditure allowance for the Mayor and City Commissioners. PURPOSE: The Purpose of this Agenda Item is to have the City Commission adopt Resolution 853 establishing the monthly expense allowance for the Mayor and City Commissioners. CONSIDERATION: At the July 8, 1998 Special City Commission Meeting, the Commission discussed their reimbursement allowance relative to elected officials in other comparable Cities in Florida. The Commission discussed an increase to the Mayor's and Commission's monthly expense allowance for expenditures naturally and necessarily incurred by the Mayor and Commission by virtue of their offices. The Commission directed the City Manager to prepare a Resolution reflecting the increased monthly expense allowance for the Mayor and Commission as discussed b the Commission. Resolution 853 complies with the City Commission's directive. FUNDING: none RECOMMENDATION: It is recommended that the City Commission review Resolution 853 establishing the monthly expense allowance for the Mayor and City Commission and make whatever decision it deems appropriate. IMPLEMENT A TION: upon approval ATTACHMENT: Resolution 853 COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER S.PRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 AGENDA REGULAR MEETING CITY COMMISSION MONDAY. JULY 13.1998 6:30 P.M. 1. Call to Order Invocation Pledge of Allegiance Agenda Changes II. PUBLIC INPUT III. CONSENT AGENDA Utility Department A. Requesting authorization to purchase 12.3 acres of vacant land. City Manager B. Requesting the Commission to approve a proposed interlocal agreement for submission to Seminole County relative to realignment of the Cross Seminole 'Frail in the proposed Winter Springs Town Center. City Manager C. Requesting the Commission adopt Resolution No. 849 establishing a potable water Teak policy on a customer's property. Mayor's Office D. Requesting the Commission adopt Resolution No. 850 expressing appreciation to Gene Lein for his service on the Planning and Zoning Board. Mayor's Office E. Requesting the Commission adopt Resolution No. 851 expressing appreciation to Robert Gray for his service on the Code Enforcement Board. Mayor's Office F. Requesting the Commission adopt Resolution No. 852 expressing appreciation to Lurene Lyzen for her service on the Code Enforcement Board. Regular Meeting City Commission July 13. 1998 97-98-35 Page 2 REGULAR MEETING CITY COMMISSION JULY 13,1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:35 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Robert Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Mayor Partyka stated that under the Consent Agenda (if approved), he would like to read all the Resolutions for the various volunteers. Commissioner Gennell stated that she has questions on Item B under the Consent Agenda. Commissioner Miller, Commissioner Blake and Commissioner McLeod stated they have questions on Item A of the Consent Agenda. Commissioner Martinez stated that he has question on Item H of the Consent Agenda. Mayor Partyka presented former Mayor Philip A. Kulbes a Proclamation honoring his 80th birthday. Mayor Partyka presented a field award of excellence to the Parks Department employees. Brook Seals introduced employees Tina Kimball, Maintenance Foreman and Paula Nunnery. PUBLIC INPUT Philip H. Ray, 1432 Mt. Laurel Drive, spoke regarding dismissal of appointed officials. Tom Lenzini, 1026 Nancy Cr., spoke regarding the Commissions' appeal of the Court ruling. Joanne Krebs, 1002 Taproot Drive, spoke regarding the Commissions' appeal of the Court ruling. Tim Johnson, 1199 Gator Ln., spoke regarding the lawsuit and about Commission raises. Regular Meeting City Commission July 13. 1998 97-98-35 Page 3 Marjorie Gray, 1390 Ayerswood CT., spoke regarding the Tuscawilla Beautification and Lighting District. Jean Gray 1390 Ayerswood CT., spoke regarding the Tuscawilla Beautification and Lighting District. Philip Kulbes, 705 Glasgow Ct., spoke regarding the Commissions' appeal of the Court ruling and also the proposed increase in the Commission and Mayor's reimbursement. Harold Scott, 911 Augusta National Blvd., introduced Ms. Glenda Busick. Glenda Busick, Rockledge, FL, spoke regarding issues from Brevard County and gave the Mayor and Commission a copy of a book she wrote. Commissioner Miller said for the record that what Mr. Scott and Ms. Busick referred to did not happen in the City of Winter Springs. John Sargent, 1476 Connors Ln., spoke regarding the Tuscawilla Beautification and Lighting District. Marian Mueller, 1300 Casa Park Cr., spoke regarding the Tuscawilla Beautification and Lighting District. Tom O'Connell, 1718 Seneca Blvd., spoke about the increase in the reimbursement to the Mayor and Commission. Dartanya Helgeson, 992 Turkey Hollow Cr., spoke regarding the accomplishments of the B.O.W.S. Board. Ethel Beecher, 1207 Winter Spgs. Blvd., spoke regarding discussion of eliminating the , B.O.W.S. Board and asked if the public could speak during Budget Workshops. Commissioner McLeod and Commissioner Gennell stated the B.O.W.S. Board is an asset to the City and will not be eliminated. Carol Morrison, 400 Boxwood Cr., Chairman of the B.O.W.S. Board also spoke about the accomplishments of the B.O.W.S. Board. Jeanne Rodeck, 1632 Tiverton St., Mayor Partyka read a statement from Ms. Rodeck as she had to leave the meeting. Ms. Rodeck's concern was with regards to the Tuscawilla Taxation District. Ellen Weiss, 1203 Winter Spgs. Blvd., spoke regarding the Tuscawilla Taxation District. Ms. Weiss also read a statement from her daughter, Cynthia Weiss (a resident of Casa Park) regarding the Tuscawilla Taxation District. Regular Meeting City Commission July 13. 1998 97-98-35 Page 4 , Wayne Nelson, 1104 Winged Foot Cr., spoke regarding the City Attorney issue and Tuscawilla Beautification and Lighting District. I Attorney Guthrie spoke regarding the book that was given to the Mayor and Commission. Mayor Partyka humbly requested that the Commission ends the strife and not to go through with the appeal and stated that for the next meeting, he would like to start the process of getting an attorney for the City. I CONSENT AGENDA Utility Department A. Requesting authorization to purchase 12.3 acres of vacant land. L.L <t ..., ..., < .J. ~ '-( f: ::a ,:~ ')i ~ City Manager B. Requesting the Commission to approve a proposed interlocal agreement for submission to Seminole County relative to realignment of the Cross-Seminole Trail in the proposed Winter Springs town CenteL City Manager C. Requesting the Commission adopt Resolution No. 849 establishing a potable water leak policy on a customer's property. \ \ 1 Mayor's Office D. Requesting the Commission adopt Resolution No. 850 expressing appreciation to Gene Lein for his service on the Planning and Zoning Board. Mayor's Office E. Requesting the Commission adopt Resolution No. 851 expressing appreciatIOn to Robert Gray for his service on the Code Enforcement Board. Mayor's Office F. Requesting the Commission adopt Resolution No. 852 expressing appreciation to Lurene Lyzen for her service on the Code Enforcement Board. City Clerk's Office G. Approval of Minutes of the Regular Meeting of May 11, 1998 H. Approval of Minutes of the Regular Meeting of June 8, 1998 I. Approval of Minutes of the Special Meeting of June 15, 1998 J. Approval of Minutes of the Special Meeting of June 19, 1998 K. Approval of Minutes of the Regular Meeting of June 22, 1998 L. Approval of Minutes of the Special Meeting of June 23, 1998 M. Approval of Minutes of the Special Meeting of June 29,1998 Regular Meeting City Commission July 13. 1998 97-98-35 Page 5 Commissioner Blake asked if the landowner has considered donating this property to the City. Mr. Tom Kelly, realtor, stated that the landowner has consulted with his tax advisor and at this point has decided to sell the property out right to the City. Commissioner McLeod asked about the cost to prepare the site. Kip Lockcuff, Public WorksfUtility Director, stated that he does not take trees down, they dodge them. Discussion. Commissioner McLeod asked the Attorney that being that this is part of a settlement agreement, would we be able to pull this out to allow the developer to sell that piece of property. Attorney Guthrie said if the property came under the City's ownership, then the City would control it for the purposes of this use. Attorney Guthrie said that when he originally discussed this, he said he didn't realize that there was a realtor involved and said he would like to change the part that relates to a realtor and designate that a realtor is involved and that the seller is responsible for the commission, to clarify that and also stated that he recommends that the arbitration is deleted and use a mediation concept (on the fourth page). Commissioner Blake asked if the interconnection is done between the east and west side. Mr. Lockcuff said no, that is budgeted for October and said that the Manager has authorized him to go out and bid that and said it is ready to go to bid on October 1,1998. \: I I Commissioner Gennell asked about exhibits for Consent Agenda Item B. Manager McLemore stated that the exhibits were being prepared by Michael & Michael and were not ready for this meeting but will be a Regular Agenda Item at the July 27, 1998 meeting and will have the exhibits attached. Commissioner McLeod asked if the maps were similar to what was shown at the Town Center presentation and also asked if this is the one that goes across the Schrimsher property and asked if the Schrimshers are in agreement. Manager McLemore said that City has a letter or'intent from the Schrimsher's, and said there was an agenda item (about a month ago) agreeing to limit the Schrimsher's role to the donation of property. Manager McLemore said what is remaining is the working out the agreement with the County relative to the maintenance and construction. Discussion. Commissioner McLeod asked about this coming back to the Commission and said it needs to be brought back as a regular agenda item, from the standpoint that there is no questions and that everyone is cognizant to the fact that it is before the Commission and has the latest drawings. Commissioner Martinez had a correction to the Consent Agenda Item H and stated that on page 9, where it states he asked abut "cut through traffic" and it should sate that he has a concern about people trespassing on private property and passed the information onto the Police Chief. . Regular Meeting City Commission July 13.1998 97-98-35 Page 6 I l ;, ( Motion was made by Commissioner Blake to approve the Consent' Agenda, including the changes recommended by the City Attorney for the sales contract (Item A) and also the changes to the June 8, 1998 minutes. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka read Resolution No.'s 850, 851 and 852, in their entirety. ,; : .1' "';'-1 I ~ - - Mayor Partyka called a recess at 8:20 p.m. Mayor Partyka reconvened the meeting at 8:30 p.m. t. REGULAR AGENDA City Manager A. Requesting the Commission to hear a 15 minute presentation from the Tuscawilla I Homeowner's Association regarding the Tuscawilla Lighting and Beautification District: Tom O'Connell, President of the Tuscawilla Homeowner's Association, gave his presentation addressing some residents concerns. W fC -T -. ..::.. C u " Ii ...< ~ f1 j; Discussion. ~~':::.;.. .:\-.... ,,~ .'~/... City Manager B. Requesting the Commission approve the First Reading of Ordinance No. 704 establishing the Commission authority to create non ad-valorem assessment districts: Motion was made by Commissioner Blake to approve the First Reading of Ordinance No. 704 and to read by title only. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Attorney Guthrie read Ordinance No. 704 by title only on First Reading. Commissioner Gennell said on page 10, Section 2.02 should specify that each Commissioner will select one (1) resident for the Board. Commissioner McLeod said on page 10, Section 2.02(b) the word "not" should be deleted. Discussion. It was determined that the Attorney will reword the Section. Commissioner Gennell said on page 11, in the first paragraph the statement "may take pubic input" should be added. Commissioner Miller mentioned that on page 16, Section 3.07, the wording needs to be "cleaned up". Commissioner McLeod said that on page 11, the word "deems" needs to be reworked. Regular Meeting City Commission July 13. 1998 97-98-35 Page 7 Motion was made by Commissioner Blake to move Ordinance No. 704 onto Second Reading at the next Commission Meeting. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Public Works Department C. Requesting direction relative to the creation of an Assessment District for street and drainage improvements to Colt Drive: Manager McLemore stated he would like to hold a workshop with the property owners on a Staff level. Discussion. I I Motion was made by Commissioner McLeod to direct the City Manager to contract the property owners and hold a workshop at the Staff level with regards to an Assessment District for street and drainage improvements to Colt Drive. Seconded by Commissioner Blake. Discussion. V ote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. ! ~i ~' eel ~ ::-::: 1 --..;T I I , ! Commissioner Gennell asked about the cost of a title search. Attorney Guthrie stated it should cost approximately $350.00. City Manager D. Requesting the Commission set an appropriate number of workshop dates in August to discuss the East-side Reclaimed Water Master Plan, the Arbor and Flood Plain Ordinances, the Community Pool and the Evaluation and Appraisal Report for the Comprehensive Plan: Discussion. Commissioner Gennell asked about information regarding construction signs. The Commission determined that they will have a workshop on August 3, 1998 to discuss the EAR and the community pool and a workshop on August 17, 1998 to discuss the Arbor and Flood Plain Ordinances and the East-side Reclaimed Water Master Plan; the workshops will start at 6:30 p.m. City Manager E. Requesting the Commission adopt Resolution 853 establishing the monthly expenditure allowance for the Mayor and City Commissioners: Discussion. Motion was made by Commissioner Gennell to adopt Resolution 853 and the effective date to be October 1, 1998. Seconded by Commissioner Blake. Discussion. V ote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. Regular Meeting City Commission July 13. 1998 97-98-35 Page 8 VII. Continuation of the Special Meeting from July 8.1998 - Budget Review: Joanne Dalka, Information Services, and Mike Koragan, consultant, gave their presentation to the Commission. The Commission had questions regarding the City's legal advertisements. It was determined that the City will use only the Orlando Sentinel for advertisements. The Commission had question regarding the Medical Transport Services. Harry Martin, Finance Director and Manager McLemore explained this to the Commission. Manager McLemore will bring back to the Commission a proposal for the write-offs. Manager McLemore explained the Solid Waste Funds. VIII. REPORTS A. City Attorney - Frank Kruppenbacher: Attorney Guthrie recommended holding a Special Meeting to have a closed executive session on Thursday, July 16, 1998 at 3:00 p.m. and announced such. Motion was made by Commissioner Gennell to hold a Special Meeting to have a closed executive session on Thursday, July 16, 1998. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. B. City Manager - Ronald W. McLemore: No Report. C. Commission Seat III - Ed Martinez. Jr.: Commissioner Martinez said he would like to nominate Jackie Adams to the Code Enforcement Board. Motion was made by Commissioner Blake to appoint Jackie Adams to the Code Enforcement Board. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner Martinez asked the Mayor to see that the audiences' decorum is held to the highest. D. Commission Seat IV - Cindy Gennell: Commissioner Gennell had a question on Regular Agenda Item B. E. Commission Seat V - David McLeod: 11 1"1 Ii Regular Meeting City Commission July 13. 1998 97-98-35 Page 9 Commissioner McLeod mentioned the comments from the audience. F. Commission Seat I - Robert S. Miller: Commissioner Miller mentioned the emergency ordinance regarding burning and mentioned the seniors not smoking within 25 feet of the Senior Center building. Discussion. Manager McLemore said he will bring this subject back to the Commission. G. Commission Seat II - Michel S. Blake: Commissioner Blake stated he would like to nominate Tom Waters to the Board of Adjustment. ! Motion was made by Commissioner Gennell to appoint Tom Waters to the Board of Adjustment. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Motion was made by Commissioner Miller to extend the meeting past 11 :00 p.m. Seconded by Commissioner Gennell. Discussion. Vote: Commissioners Martinez, Miller, Gennell and McLeod: aye; Commissioner Blake: nay. Motion dies. H. Mayor's Office - Paul P. Partyka: Mayor Partyka reminded the Commission of other Board appointments. Mayor Partyka stated that he has talked with the City of Oviedo's Chairman regarding setting a meeting. Mayor Partyka stated that he will try to control the audience. The meeting adjourned at 11 :03 p.m. Respectfully Submitted, ~A.~ Margo M. Hopkins, City Clerk