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HomeMy WebLinkAbout1998 11 09 Consent Item J COMMISSION AGENDA ITEM J Consent X Informational Public Hearings Regular November 9. 1998 Regular Meeting Mgr. / Dept. Authorization CONSENT City Clerk's Office J. Approval of Minutes of Regular Meeting of September 14, 1998 REGULAR MEETING CITY COMMISSION SEPTEMBER 14,1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell' present City Manager Ronald W. McLemore, absent Attorney Bob Guthrie, present John Drago, Administrative Assistant, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present (6:50 p.m.) Mayor Partyka said the Commission will have the answers from the questions on the beautification in about 20 minutes. Mayor Partyka presented Resolution No. 852 to Lurene Lyzen for her service on the Code Enforcement Board. Mayor Partyka introduced Mr. Bob Miller, Commissioner of the Winter Springs Little League, thanked the Mayor and Commission and the City Manager and Mr. Brook Seal for the support that is given them in making this an extremely fine program that can be offered to boys and girls. Mr. Miller stated that last Springs, they participated in district wide tournaments and said for the first time they had a strictly 11 year old all-star Team (District 14), and the initial 11 year old all-star Team Tournament was won by Winter Springs and introduced the managers and coaches and team members of the 11 year-old All Star Team and presented the Mayor and Commission with the Banner for the winning team. Mr. Miller then introduced the softball team and coaches that went through the mid-season tournament and the top team tournament and never lost a game; the team presented the Mayor and Commission with two banners, one for the mid-season tournament and one for the top team tournament. The Mayor and Commission was also presented the banner for the runner-up banner for 9-10 year old for this section. Mayor Partyka said on behalf of himself and the City Commission and residents, he is very proud of the youth of the City. PUBLIC INPUT Ellen Weiss, 1203 Winter Springs Blvd., asked what was taking so long to get the answers to the questions that were asked at the special meeting with the Tuscawilla residents regarding the Lighting and Beautification District. Paul Finnegan, 1562 Warrington St., commended the Police Chief and Fire Chief in regards to their help with emergency planning and emergency management plan for Winter Springs High School and Indian Trails Middle School. Ree:ular Meetine: City Commission September 14, 1998 97-98-42 Pae:e 2 Michael Kocak, 1438 Mt. Laurel Dr., spoke regarding the Tuscawilla Lighting and Beautification District and urged the Commission to not finance the District with bonds. I. CONSENT AGENDA Police Department A. Requesting the Commission to give approval to donate $305.71 to a joint substance abuse program in cooperation with the Seminole County Cities. Utility Department B. Recommending the acceptance of the reuse feasibility and implementation plan for the East Water Reclamation Facility. Public Works Department C. Advising the City Commission that a recommendation on the minimum roadway width standards for striping to designate a bike lane will be provided at the September 28 City Commission meeting. Community Development Department/Land Development Division D. Requesting Commission approve the acceptance of the water and sewer system, the reclaimed water system, the stormwater management system, the roads and the street lighting for public ownership and maintenance within the Stone Gable Subdivision. Mayor's Office E. Adoption of Resolution No. 865 - expressing appreciation to John Herbert for his service on the B.O.W.S. Board. E. Approval of Minutes of August 3.1998. Commissioner Martinez stated he had question on Item D. Commissioner Miller stated he had question on Item C. Commissioner Miller said he would like to have an alternative included when this comes back before the Commission and said he would like to have an option using white paint. Commissioner Martinez stated he would like to have clarification with regard to the 100-year flood. Motion was made by Commissioner Gennell to approve the Consent Agenda minus Item D. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Charles Carrington, Community Development Director and Mark Jenkins, City Engineer, was present for questions. Ree:ular Meetine: City Commission September 14. 1998 97-98-42 Pae:e 3 Motion was made by Commissioner Blake to table Item D until the next meeting, until Staff can come back to the Commission with the right answers on both of the questions, which regards the 100 year flood plain and the streetlighting. Seconded by Commissioner Miller. Discussion. Commissioner Martinez stated that he has asked the City Manager and Staff to contact FEMA to have them provide the City with an accurate response from their office as to the problem that exists here, regarding the flood plain and the inaccuracies in the map, and stated that he has not gotten an answer and would like an answer from FEMA by the time this Item comes back to the Commission. Commissioner McLeod stated that he would like to see the maker of the motion and the maker of the second withdraw the motion as this property barely touches the 500 year flood plain and said he feels the motion should go on and carry though and stated that the Commission should approve this without the lighting and have it contingent upon staff's review of the lighting issue. Commissioner Blake said he prefers that the motion goes on as it was made because of the lighting issue, if the developer determines to keep the lights that are currently being installed then (as far as he is concerned) they need to come back to the Commission with an answer as to whether they want to maintain this as a private community or complete all the utility agreements, have them in hand and bring it back to us before we accept any part of what is normally considered the pubic right-of-way area; secondly as far as the flood way question, the map shows (at best) it looks like the 500 year flood plain line barely touches one corner of the property on the southwest side, and stated that as long as we are going to wait two weeks to get the utility issue taken care of it seems that staff ought to also go and double check to the best as they are able to, as to just exactly where FEMA is with the map revision in this area, as apparently there are some errors in the map, and staff has presented that question to the Commission already, and said he thinks that when it comes to flood ways, we air on the side of caution, and said as long as the developer is going to have to wait two weeks anyway we might as well task them to do the entire job and reiterated that the motion is maintained as made. Attorney Guthrie said because of the streetlighting issue and because that is a contingency that wasn't expected, we probably have a little discretion in terms of tabling this and said this is an administrational act approving this and it's been found technically sufficient in the other area by our staff so we generally wouldn't have this kind of discretion in terms of tabling this item and not approving it and said the Commission needs to be cautious whenever we have site plan approvals, plat approvals and said those are areas that the Commission does not have much discretion at all. Attorney Guthrie said the streetlighting issue raises an issue where he thinks it won't be improper to continue if that is the Commission's decision and said but if the flood map is currently accurate and this is outside the flood hazard area as we define it in our code, and said the fact that it might change in the future he doesn't feel it would be a basis for turning this approval down. Commissioner Martinez stated for clarification, the map is not accurate and said staff has said that the map has been drafted wrong and said we are not talking about an accurate map, we are talking about something that needs correction and that is what he is asking for. Commissioner Gennell asked if the information that the Commission has is correct with the exception of streetlights or not. Mr. Carrington stated yes. Commissioner Gennell said then there is no problem with the flood zone map in that area, is that what staff if saying. Mr. Carrington said yes and. Jenkins stated yes. Mr. Jenkins reviewed the change that FEMA will be making and that is realigning the flood boundary in the area south of this development. Mr. Jenkins said he Ree:ular Meetine: City Commission September 14.1998 97-98-42 Pae:e4 has asked FEMA to take into consideration the City's 1993 Stormwater Master Plan and some of the drainage studies because the City's computer modeling shows elevations that are not as high as FEMA has here and said they (FEMA) has a five foot difference going across Shore Road, which would indicate a restriction that would cause a five foot difference. More Discussion. Mr. Jenkins stated that this was started with a letter of map revision from Winding Hollow Unit 4, because the flood zone is actually shown in the wrong area, it encroaches into Winding Hollow more than it should on the map, and said in the process FEMA noticed that they have a major error - they have the creek in the wrong place and in their effort to try to change that, their plan was to take the existing, published, base flood elevations from the map (which are already on the map) and align those with topographical elevation lines from the St. John's map. Mr. Jenkins stated he received a Faxed draft copy of that, and stated that the copy is just what they plan on doing, it is not official, it shows their intent. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Mayor Partyka read Resolution No. 865, expressing appreciation to John Herbert for his service on the B.O.W.S. Board. II. INFORMA TIONAL AGENDA City Manager A. Informing the Commission that the City of Winter Springs received a Certificate of Appreciation from the Florida League of Cities for the City's contribution to the 1998 City Innovations Showcase. Public Works Department B. Advising the City Commission of the Tree Planting Project on Edgemon Avenue and Murphy Road. Utility Department C. Updating the City Commission on the status of the notification sent to residents at Moss and Bahama Roads of the requirement to connect to the sanitary sewer system. Motion was made by Commissioner Gennell to accept the Informational Agenda. Seconded by Commissioner Blake. Discussion. Commissioner Miller; Commissioner McLeod stated they have question on Item C. Commissioner Miller asked about mandatory hook-up. Commissioner McLeod also spoke about assessing people at the time that they must connect when their septic system doesn't function anymore. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. V. REGULAR AGENDA Mayor Partyka announced that the Commission will hear Regular Agenda Item D at this time. Community Development Department/Planning Division C. Requests the Commission review its membership on the East Central Florida Regional Planning Council Sandra Glenn, Director of the E.C.F.R.P.C. and Greg Golgowski, ofE.C.F.R.P.C., were present and gave their presentation. Ree:ular Meetine: City Commission Seotember 14. 1998 97-98-42 Pae:e 5 Ms. Glenn suggested and requested that the City continues to be participants as an ad-hoc basis at the Regional Planning Council because in their opinion it is still the one source were the City can get the most information of regional items and what is going on in our region today. Ms. Glenn said their reason for being present is to reiterate to the City that their budget year begins January 151 of each year and said any dollar amount that the City might approve in the City's 99 budget beginning October 1, that they have already been working with that budget since July of 98 and said even if at their Wednesday meeting, if the Board choose to reduce the membership, it probably would be January 151 time that such a thing would take place, if even then because it will be done by State Rule and stated that it is not something that is going to happen today and asked that the City's representative continue to participate in any activity they have. Ms. Glenn asked that the Commission consider funding the entire amount because they believe the City is going to get a year's worth of service from July to the next July. Ms. Glenn said if that is not feasible for the City, she asks that the City look at funding at least half because the City has had the use of the Council and will continue to for more than six months in their OpInIOn. Discussion. Commissioner Martinez stated that if the City does not have a vote, we can't add anything, only our OpInIOn. Commissioner Miller asked what let to this decision. Mr. Golgowski stated that the Counties are a major financial contributor to the Council and that carries leverage; if they are not happy and want to use that. Mr. Golgowski said is also reflects the change in times that we are in. Ms. Glenn said in years past there was a law that said ifthe D.R.I. doesn't pass the Regional Planning Council it stops there until that is worked out and stated that the State Law has changed, thus the role of Regional Planning Councils. Commissioner Miller stated that looking at the data provided by the E.C.F.R.P.C. there are 27 Cities shown and the way the new origination is showing, Cities with 150 thousand or more will have a representative, and allows for Orlando and said that excludes 26 other Cities. Commissioner Miller stated that means it is down to Counties representation, nine appointees, two for the Tri-County representation; Commissioner Miller said it seems to him that this has been weighted heavily in favor ofthe people who have a lot of political power and said whereas the Cities will have to go to their individual representatives and try to get our agenda in front of them and hope it works out. Commissioner Miller asked if they are getting any information from other Cities if they are in favor of this or unhappy with this change. Ms. Glenn said the majority of the Cities they have spoken to and particularly Apopka are unhappy with the changes. There was a question of double taxation and that was one of the things that came up in the County looking at paying per resident (per capita) and said a point that the County brought up was that they are paying the dues for the people living in the incorporated as well as the unincorporated areas, thus they feel they are representing the people that live in the incorporated and unincorporated areas. Rel!:ular Meetinl!: City Commission September 14, 1998 97-98-42 Pal!:e 6 Ms. Glenn stated that what they are asking from Winter Springs is time already spent, from January until whenever - if the vote passes that will cease, then they do not foresee them coming back to Winter Springs next year for additional monies but we will be back to Winter Springs to participate in an ad-hoc committee. Ms. Glenn stated that their budget year started in July and said they have actually spent the money from July to October assuming that the City would renew their dues, that they were not going to have this type of conversation and if the City pays their dues in October, what you are actually doing is going back retroactive to July and paying the portion that you would have paid in your budget year. Ms. Glenn said ifit happens on Wednesday if the vote is taken and Cities are no longer voting members, other than through the Tri-County League, the City of Orlando and those other Counties that have like organizations for Tri-County, but it is not for the current year that we are looking for payment, it is from July 98 through the term that Commissioner Martinez would cease to be the City's voting member and stated that it would probably be around January. Commissioner Blake asked about the double taxation statement. Commissioner McLeod said one thing that was mentioned was the City at least pay 50% and said according to the letter sent to the City, the Council's budget starts in July and said according to how he has figured it out is that is a quarter. Commissioner McLeod said his recommendation would be, if this votes Wednesday, the other way that as of the end of September we are out of it, we pay our dues for July, August and September and said we do not have representation, we're out of it. Commissioner McLeod stated to Commissioner Martinez, his recommendation to the rest of the Commission would be to pull out immediately if we don't get representation, after the decision from Wednesday's meeting. Ms. Glenn said when Commissioner McLeod stated "back out" and as she explained earlier, it would be at least three months that even if the vote is taken. Commissioner McLeod said it is over with, the vote would vote us out and our representation would basically stop. Ms. Glenn said the Commissioner can bring those items to our meeting Wednesday and if such a motion is made, then you would have a formal request before our Board. Commissioner Blake stated that as the Commission is stewards for our City, he would agree with Commissioner McLeod, in that he might be willing to pay a quarters worth of funding based on the sheet they have, but if the City does not have a vote in representation of a vote on the Council then he said he can't see the City continuing to members. Ms. Glenn said she understands where the Commission is "coming from" but said she hopes the City would continue to have someone monitor and work with them from the elected body. Commissioner Gennell stated that the League of Cities is pressing for legislation in this coming session that will mandate requirement of all the Cities in the Regional Planning Councils. Reeular Meetine City Commission September 14. 1998 97-98-42 Paee 7 It was the consensus to the Commission to have Commissioner Martinez go to the meeting on Wednesday and voice the Commission's opinion and report back to the Commission at the next meeting. III. PUBLIC HEARINGS John Drago, Administrative Assistant, requested that the Commission hear Public Hearing Item C first as the City's consultant is present. Community Development DepartmentJPlanning Division C. Requests the City Commission adopt the Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan and direct staff to transmit the adopted EAR to the Florida Department of Community Affairs Fred Goodrow, the City's consultant, was present to discuss with the Commission his recommendations. Discussion. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. There was no one present to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Blake to adopt the Evaluation and Appraisal Report and to transmit the adopted EAR to the Florida Department of Community Affairs. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Mayor Partyka called a recess at 8:38 p.m. Mayor Partyka reconvened the Regular Meeting at 8:54 p.m. Finance Department A. Requesting the City Commission hold a Public Hearing relative to the approval of Resolution No. 866, setting the Tentative Millage Rate at 3.600 mils or an alternative rate the Commission deems appropriate and adoption of same, and relative to the adoption of the first reading of Ordinance No. 705 establishing the Tentative Budget for Fiscal Year 1998-1999. Harry Martin, Finance Director was present for questions. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one wished to speak on this Ordinance. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Commissioner Blake had comments on the assessed value. Discussion. Motion was made by Commissioner Gennell to approve Resolution No. 866 setting the tentative millage rate at 3.600 mils. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. Ree:ular Meetine: City Commission September 14. 1998 97-98-42 Pae:e 8 Finance Department A.1. Requesting the City Commission hold a Public Hearing relative to the approval of Ordinance No. 705. establishing the Tentative Budget for Fiscal Year 1998-1999: Commissioner Gennell asked about the Board Appreciation Dinner. Mayor Partyka stated he has discussed this with the City Manager and that there is enough money in the budget to handle that. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one wished to speak on this Ordinance. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Martinez to read Ordinance 705 by title on First Reading. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Guthrie read Ord. 705 by title only on First Reading. Motion was made by Commissioner Blake to move Ord. No. 705 onto Second Reading on September 28,1998 at 7:00 p.m. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye Commissioner Miller: aye. Motion passes. Motion was made by Commissioner Blake to move Resolution No. 866 on to the Commission meeting of September 28,1998 to set the final millage at 7:00 p.m. Seconded by Commissioner GenneII. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Finance Department B. Requesting the City Commission hold a Public Hearing on the Non-Ad Valorem Tax Assessment for Street lighting within the Country Club Village Subdivision and provide directions as deemed appropriate: Mr. Martin gave his presentation. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one present wished to speak on this item. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Blake to approve Resolution No. 854. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner McLeod: aye; Commissioner GennelI: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Rel!ular Meetinl! City Commission September 14, 1998 97-98-42 Pal!e 9 REGULAR AGENDA Utility Department A. Requesting the appearance of the Seminole County Director of Environmental Services to respond to the City's offer to provide bulk potable water services: Kip Lockcuff, Public WorkslUtility Director, stated that he had spoken with Mr. Wagner on Wednesday and Mr. Wagner said he would be here for the meeting but is not present. Discussion. It was the consensus of the Commission to table this item until the next Commission meeting. Community Development Department/Planning Division B. Requests the Commission to review the role of the Commerce and Industry Board: Tom Grimms, Comprehensive Development, gave his presentation. Mel Glickman, Chairman of the C.LD.B., and Jennifer Booten, Board Member, were present. Mr. Glickman gave his presentation. Discussion on this item. Commissioner Martinez mentioned that during budget discussions there was some mention that possibly the C.LD.B. could be turned into the Winter Springs Chamber of Commerce and stated that he feels this is an area that should be explored to see if this could become a reality. Discussion. Commissioner Miller read from the Code regarding the C.LD.B. and discussed the Board's role for the City. Commissioner McLeod stated that the reason this is on the agenda is during budget workshops, the Commission analyzed each Board and their activity and stated that the C.LD.B. did not have any activity and said the Commission was trying to justify the cost of the Board. Commissioner McLeod it was mentioned turning the Board into a Chamber of Commerce and stated that it was mentioned that it was not something that the City would sponsor. Discussion. Commissioner McLeod said it is his recollection that the Commission discussed abandoning the Board because presently it's productivity and usefulness as the C.I.D.B. didn't fit. Commissioner Gennell said when the C.LD.B. was established it was an entirely different era then as far as the City didn't have professional, skilled consultants or City Manager working with us that brought in professionals from different fields. Particularly the Town Center, the marketing and promotion and developers and said the City's emphasis has now been in that area. Discussion. Commissioner Gennell mentioned that currently the C.LD.B. is not suiting our needs and stated that the times have changed since the Board was established. Mayor Partyka commented that there are five business people on the Board that are good and whether there is a Commerce & Industry Board the way it is now is to be determined, but maybe the issue is what does it need to become and how do we take these five good people and channel Ree:ular Meetine: City Commission September 14. 1998 97-98-42 Pae:e 10 them in some other direction to benefit the City and benefit them and be productive. One of the things my be "ambassadors" of the City and said as we get into annexation and bringing people in, someone will have to present the "story" and said that may be a start. Discussion. Commissioner McLeod said he would like to thank Mr. Glickman and the Board for what they have done in the past and for their hard work. Motion was made by Commissioner McLeod to recommend at the present time that the Commission dissolve the Commerce & Industry Development Board as was talked about in the budget workshops. Seconded by Commissioner Blake. Discussion. Commissioner Blake stated that he thinks the City, in the past few years the Board hasn't had clear direction on what to do and said they haven't had any tools on what to do and said it is a confusing problem. Commissioner Blake said there is not question that the things that the C.I.D.B. have been charged to do by the Code under which they were formed is an area in which the City needed at one point in time when the Orlando Metropolitan Development was no where near here and said now that development is "knocking" at our door and surrounding the City, it becomes a different issue, it becomes a problem where we have to manage the growth that is "knocking" at our door; and said we do need to attract good clean commercial type businesses and unfortunately an advisory board is not in the best position to do so, it's really a Staff issue. Commissioner Blake stated that the C.1.D.B. ought to be commended for their hard work over the last few years and said he really doesn't know what to ask the Board to do at this point in time and that is why he seconded the motion and said he hopes that the members of the Board don't take it the wrong way and said he hopes that the Board members hold themselves out for another appointment on one of the other Boards and continue to serve the City if this Board is dissolved. Commissioner Miller said he doesn't see any purpose in dissolving the Board at this point and said he would like to talk to the City Manager about his plans before any action is taken. Commissioner Blake stated that this is just an indication of what we intend to do, it will take and Ordinance before this happens and during that time we can look at some of the issues that Commissioner Miller has brought up. Mayor Partyka stated there are concerns in terms of the current C.I.D.B.'s goals and objectives and said he thinks it has been transitioned to something else and said the other piece on this is what it the transition mechanism and said even Manager McLemore's recommendation to the Commission is to authorize the Manager to assemble a small team of economic development professionals to explore what the C.I.D.B. to see what programs, if any, it could carry out to enhance business development and retention in the City. Mayor Partyka said there should be at least one more meeting to give the C.I.D.B. a change to talk and come up with creative way in solving this issue. Vote: Commissioner Miller: nay; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Martinez: nay. Motion passes. Utility Department C. Recommending authorization to lift the emergency water restrictions: Kip Lockcuff, Public WorkslUtility Director, was present for any questions. Rel!ular Meetinl! City Commission September 14. 1998 97-98-42 Pal!e 11 Motion was made by Commissioner Blake to lift the emergency water restrictions imposed June 24, 1998 and recommend water use guidelines be incorporated into our future Resolutions. Seconded by Commissioner Martinez. Discussion. Commissioner Gennell asked about the water use guideline to be incorporated. Mr. Lockcuff said he will come back with a proposal for 10:00 - 4:00 and every other day and said he would like to have some kind of steps that the Manager could impose emergency water restrictions at a future date - to have a mechanism so that we could have emergency water restrictions if a drought condition did reoccur. Mr. Lockcuff stated that he did have complaints from people who are on wells and said they thought the City was overstepping their authority by regulating wells and asked the Commission's thought on that. Commissioner Gennell asked Mr. Lockcuff what is his feeling on that. Mr. Lockcuff said he personally thinks the City should regulate wells and also reclaimed water. Mr. Drago stated that he feels that Mr. Lockcuff could use the Water Management District as a guideline and include any other provisions that he feels is appropriate for this area including wells, canals and reclaimed and said the City has the right to control that and the City should. Commissioner McLeod said he agrees with Commissioner Miller regarding controlling the people who are on wells. Vote: Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Miller: nay; Commissioner McLeod: aye. Motion passes. REPORTS A. City Attorney - Frank Krupoenbacher: Attorney Guthrie recommend the Commission hold an executive session for several pending law suits, those having to do with Central Winds Park and Battleridge. It was determined that the Commission will hold an executive session on September 21, 1998 at 6:30 p.m. Attorney Guthrie read the law suits and stated that those in attendance will be Mayor Partyka, Deputy Mayor Gennell, Commissioners Miller, Blake, Martinez and McLeod; Attorney Guthrie, Special Council Bernard J. Martin and City Manager McLemore. Attorney Guthrie stated that there will be a court reporter present and the transcripts will be available upon conclusion of the litigations. B. City Manager - Ronald W. McLemore: Mr. Drago stated that he has provided copies of the answers from the public meeting regarding the Tuscawilla Beautification District and stated that he has spare copies for the public. Mr. Drago stated that the City Manager asks the Commission to decide how they would like this distributed in the future and said the Manager has suggested either mail or make available at City Hall. Commissioner Blake said he has spoken to the City Manager regarding this and said apparently there has been some discussion at to whether this will be mailed and if mailed then to who. Commissioner Blake said given the size of the document, he feels the report should be available at City Hall for no charge. Commissioner McLeod stated that after the public meeting the Mayor stated that he would mail to the public that was present a copy of the answers that were put together and said the 70 people deserve copies of the document mailed to them as was Rel!:ular Meetinl!: City Commission September 14. 1998 97-98-42 Pal!:e 12 promised and the rest of the general public is welcome to come in and get copies. Discussion on the question and answer document and how to get it out to the public. It was the consensus of the Commission to send the draft report by mail to the 70 people who attended the public meeting and if the public had any questions they can come to the Sepcial Meeting and voice their concerns and questions. C. Commission Seat III - Ed Martinez. Jr. Commissioner Martinez asked about the situation between the City and Oviedo regarding the J.P.A. Attorney Guthrie stated that both the County and Oviedo have declined to go into the formal CALNO mediation process and stated that both the County and Oviedo said they are fulfilling their requirement because they have been talking to us about this. Attorney Guthrie stated that he attended the County Commission meeting to urge them to derail this process and they declined to do that and at that point in time County Commissioner Morris urged us to submit things to the County and that might be the basis for a J.P.A. with us, but there was no formal action on the J.P.A. at that meeting but also no indication that there would be a tri-party one or that the other one would be delayed. Mayor Partyka mentioned that he has left messages with Commissioner Dalari to start the process and said he has not gotten a call back. Commissioner Blake asked what is our next course of action to move both Seminole County and Oviedo into the mediation proceedings. Attorney Guthrie said we would have to show that we are damaged in some way and said we have to see if one or the other has scheduled that for a public hearing and then we could indicate and go to Court and say we have been deprived of rights that we have under the inter-local agreement and said the inter-local agreement provides for Attorneys fees and we would seek attorneys fees for violating it. Commissioner Martinez gave Mr. Drago a letter from Ms. Helen Baker and said she has a sensitive issue and said it falls in the Code Enforcement area and asked that Ms. Baker be provided with an answer. Commissioner Martinez asked what is going on with Colt Dr. and said this is the third meeting since the Commission has asked about the ownership of that road and what the City intends to do. Attorney Guthrie said the Attorney that we are going to have the executive session with is also the attorney that does title work for us and said he and the City Manager met with the Attorney on Thursday and stated that the Attorney indicated to them that he is doing all the title work and will be delivered to the City in short order. Re~ular Meetin~ City Commission September 14. 1998 97-98-42 Pa~e 13 Commissioner Martinez said it had been brought to his attention by a citizen about not getting any response to her regarding the area on Northern Way and Greenbriar, where the power lines go across, the corner is "ugly" and said it needs to be defined as to whether Florida Power is responsible for maintaining that area or if the City is responsible and said if the City is responsible someone needs to clean up that area. Jimette Cook, Code Enforcement Officer, stated that the Code Enforcement Board meets tomorrow night and the owners of that property will appear before the Board on that matter. D. Commission Seat IV - Cindy Gennell: Commissioner Gennell said regarding the 1 DO-year flood zone that the Commission was talking about earlier, in the City's Compo Plan it calls for no building within the 100 year flood zone and said that Mr. Carrington stated that we allow it and said that is something that the City needs to look at. Commissioner Gennell said as far as the problem regarding the lights in Stone Gable - if we don't have a mechanism for developers to bring in their lighting plans, we should get that mechanism in place. Commissioner Gennell also spoke about enforcing the time limit when people speak during Public Input and said unless a Commissioner or Commissioners say they want to hear more. Commissioner Gennell stated that she received a complaint about the Fire Department regarding their annual Boot Drive, which was approved by the Commission at the last meeting, and said the complaint was regarding signs in the median and signs taped to stop signs and speed limit SIgns. Motion was made by Commissioner McLeod to continue the meeting for 10 minutes. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Miller: nay; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. E. Commission Seat V - David McLeod: Commissioner McLeod spoke regarding the East Central Florida Regional Planning Council. Motion was made by Commissioner McLeod that Commissioner Martinez, the City's representative, attend the meeting on Wednesday and makes it very clear that if we as a City do not have a vote, as far as a City on that Council, then we will withdraw from it as of the end of September and we pay only a quarter of the dues for the time that we have spent as a voting member for July, August and September. Seconded by Blake. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. F. Commission Seat I - Robert S. Miller: Relwlar Meetinl! City Commission September 14. 1998 97-98-42 Pal!e 14 Commissioner Miller stated that he will have his appointment to the B.O.W.S. Board at the next Commission meeting. G. Commission Seat II - Michael S. Blake: Commissioner Blake mentioned that he has a problem with the current park situation and stated that he has had people complain about the conditions at the park. Commissioner Blake stated that this is not the issue regarding the play equipment, it is the overall condition of the facilities, from the turf, the fencing, the benches, light bulbs, weeds, backstops, holes in the baseball diamonds and fields. Commissioner Blake stated that he also had a complaint from Mr. Miller of the Little League regarding the "big" field and stated that the field was tom apart and not ready for play and stated that Little League had to cancel games and said the Little League was promised that the field would be done and it wasn't done and said there was one problem and excuse after another and said it is a matter of not putting the right resources in the right place at the right time. Commissioner Blake said they had to cancel some games and said in fact the games that the Little League is having tomorrow at Winter Springs High School, that we are paying for as a city, we are sending our crews over there, they did it on Saturday and again tomorrow, to work on Winter Springs High School's field to prepare it so that Little League can plan there. Commissioner Blake said that is revenue that we are loosing, plus we are having to pay for the manpower and equipment to go over there and do that field so they can go over there to play. Commissioner Blake said there is a problem here, and there were games all day on Saturday and said that light on two scoreboards that he looked at had lights out and it was hard to tell what the score was. Commissioner Blake said at Trotwood Park at the baseball diamonds - the backstops where the fences are are a safety hazard and said he had seen a child about 4 or 5 months ago who was standing behind the backstop and a pitch went through a hole under the backstop and hit the child in the ankle and said the child got hurt. Commissioner Blake said he has mentioned these problems before and said they have not been taken care of and said he will talk to the City Manager about this again but asked Mr. Drago to relay the messages to the City Manager. H. Mayor's Office - Paul P. Partyka: Mayor Partyka also mentioned that he also has issues regarding the Parks and said that two major groups, the Little League (Babe Ruth 12 and above) a hundred boy group, for whatever reason, missed out in getting their mailings and said they cannot get fields. Mayor Partyka said Winter Springs Soccer, the girls program, said out of 60 league games to be played here in Winter Springs can only get three where outside Cities are getting 20 to 30 % of the time and said something is not quite right in scheduling. Mayor Partyka said he is glad to see that we had the 2.3 million-dollar grant for the redevelopment of S.R. 434 and said hopefully we will start seeing some things done. Mr. Drago said if the Commission is not going to have the workshop this evening, does the Commission want it on the 21 st or to be rescheduled for the 28th. Discussion. Reg:ular Meeting: City Commission SeDtember 14. 1998 97-98-42 Pag:e 15 It was the consensus of the Commission to hold the workshop on October 5, 1998 at 6:30 p.m. The meeting adjourned at 11: 15 p.m. Respectfully Submitted, Margo M. Hopkins-Pierce, CMC City Clerk APPROVED: PAUL P. PARTYKA, MAYOR