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HomeMy WebLinkAbout_1996 02 12 City Commission Regular Minutes AMENDED REGULAR MEETING CITY COMMISSION FEBRUARY 12,1996 The Closed Executive Session was called to order at 6:03 p.m. by Mayor John F. Bush. Mayor Bush adjourned the Closed Executive Session at 7:20 p.m. 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 Langellotti, present Cindy Gennell, present David McLeod, present For the invocation Mayor Bush asked for a moment ofsitent prayer. Approval of Minutes of January 22. 1996: Mayor Bush asked if there were any additions of corrections to the minutes of January 22, 1996. There were no additions or corrections to the minutes of January 22, 1996. Minutes stand approved as presented. Mayor Bush presented Fire Chief Tim Lallathin with a 20 year service pin. ChiefLallathin said he has enjoyed working for the City and the citizens of Winter Springs for the past 20 years and said he is prepared to do the best job possible for the community. PUBLIC INPUT Mel Glickman, 703 Aberdeen Court, said he came before the Commission about one month ago and spoke about a problem they were having in the Highlands with water and they were promised by the Public Works Dept. that it would be taken care of in 60 days. Mr. Glickman said he is pleased to report and wanted to thank the Public Works Dept. and whoever else is responsible that work is diligently going on now. (Commissioner Gennell asked that this portion of the Public Input be verbatim. The Commission was in consensus of having this portion verbatim.) Harold Scott, 1208 Swan Street, said in perusing through the papers the past couple of months, I ran across a little article that was published in the Orlando Sentinel and it was dated 1-28-96 "Winter Springs Commissioner Cindy Gennell was recently elected head of the CALNO, the Council of Local Government, Gennell a first term Commissioner replaced former Chairwoman Longwood Commissioner Iris Benson. Benson was removed as Longwood's representative to CALNO by her AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 2 fellow Commissioners" and it went on and on and on. It just set off a little bell that I didn't think too much about until approximately three days later and article appeared in Oviedo Voice on 2-1-96 entitled "Gennell to Chair of CALNO in Seminole County - Cindy Gennell, Winter Springs City Commissioner has been elected Chairman ofCALNO, the Council of Local Governments in Seminole County. The group is composed of representatives from each of the seven Cities in the County, a representative from the School Board, a representative from the County Commission. This is a quote "we meet monthly to discuss issues common to all groups represented, Gennell said. A year ago we helped draft an inter-local mediation agreement which supports mediation and disputes between the bodies, it was used in the Oviedo Mall case.." then it goes on. Those last two statements, I don't believe were true, it was not mediation used in the Oviedo Mall issue and once again there was the inter-local mediation agreement was reached back in November 1993, on 11-22 a report by Commissioner to this very CounciVCommission "CALNO inter-local agreement on mediation - Frank just gave me a note that he has reviewed as he has in the past and found it to be legally correct. All the Attorneys, which was a real trip to get everyone to agree to this, all the governmental agency Attorneys have reviewed it; we've incorporated their comments and concerns and this has been unanimous approved by CALNO" so both of these articles were not true; I don't know where they came from, I don't particularly, it just struck me as being kind of funny. Then in doing that research, I came across something else which is a real concern; on 1-31-of this year 96, a meeting was held in Seminole County, this was by an invitation sent out by Ben Griffith, of Seminole County; 24 people present for this meeting, a forming of this new committee, four were sent by local municipalities, one by this municipality, City of Winter Springs, the balance were special interest groups. The next meeting of this is on 2-21-96 and the minutes of the 1-31 meeting, which you should have sometime within the next couple of days, I'll make available to you, but the name of this committee is "Seminole County Wide Trails and Greenways Task Force" the most interesting aspect of this meeting is that Commissioner Gennell approached the County Commission, a couple of those Commissioners, to more or less beg for an appointment to this particular committee. She was appointed to the committee, she was also nominated to Chair this committee by the special interest group. The special interest group also instilled as vice-chair one of their own people and it was agreed upon. Now there is a lot of things that are taking place in both of these instances and it's up to this Commission to figure out what it is and where they are going to go with it and what they are going to do about it. I'll reserve any time I have left and any questions you may have ..... Commissioner Ferring said Mr. Scott don't go away. Commissioner Ferring said have you had any further information regarding this particular situation cause the best of my knowledge this Commission is on record by a vote of this Commission for refusing to have Commissioner Gennell serve on that Commission cause we felt there was a conflict of interest and we appointed our Parks and Recreation Director to carry on the best interest of this City. It now has come to my knowledge that Commissioner Gennell has gone to a County Commissioner around the back of this Commission and asked to be appointed to this special interest committee and then subsequently has become Chairperson of this committee. Mr. Scott said yes. Commissioner Ferring said well I think this is a .... I don't know what to say, at this particular point I think it is a tremendous conflict ofinterest...Mr. Scott - let me put it this way....Commissioner Ferring - I think it is a slap at this Commission and I AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 3 think that we are do an apology for somebody going outside of our wishes as a Commission on a majority vote and doing something that's making the rest of this City look silly or the rest of this Commission look silly. Mr. Scott said let me add something else to this because it's an on going issue and it's not through, it is now under investigation by the County Attorney as a conflict of interest and also the fact that there are two boards involved is also being looked at, it's not only a conflict of interest but there is even possibilities of Sunshine here, but I won't go into it because that's up to you. Commissioner Ferring said he would like Commissioner Gennell to respond to those comments. Mayor Bush asked Commissioner Gennell if she wished to respond. Commissioner Gennell said yes, are you finished Mr. Scott. Mr. Scott said yes he is, you can have the floor, all the answers are forth coming from you not from me. Commissioner Gennell said it's apparent that you are very unhappy with this, and I'm just as sorry as I can be about that but you are the only person here that's voiced any problem. As far as CALNO goes, what is the problem, I have been on CALNO for two years represented this Commission well, worked well in CALNO, I did sit in on CALNO when we had to make revisions to the mediation agreement before it finally was accepted, it was accepted here once, it got thrown back because one ofthe Cities didn't like it and we had to reword the mediation agreement before it was found finally acceptable to all the Cities. So that is not a lie, that's the truth.. ..Mr. Scott said how about the mall issue... . Mayor Bush said let Commissioner Gennell finish. Commissioner Gennell said yes, if you are finished, please... but I think Frank will confirm that Oviedo exercised their option under the mediation agreement in the mall issue (pause) Attorney Kruppenbacher said to be truthful Commissioners, I don't know how we got to mediation, I think we all wanted to go.....Commissioner Gennell said they sent us a letter.....Attorney Kruppenbacher who technically did what over there....Commissioner Gennell said ok I'll tell you the records will reflect that Oviedo sent us a letter and said subject to the recently agreed upon inter-local agreement they wanted us to have mediation, so we sat down and had mediation with them at their City Hall, if you recall. Attorney Kruppenbacher said I remember their asking us to sit with them. Commissioner Gennell said ok, as far as the Cross Seminole Trail Alliance goes, this Commission decided that it's best representative from this City was going to be their Staff person, with which I don't have any disagreement, he is a fine person; as far as and I will ask that Margo transcribes Mr. Harold Scott's comments verbatim, will the rest of the Commission agree to this please, I would like to have his comments verbatim where he accused me oflying and where he accused some other things because I did not go to the County Commissioners, the County Commissioners came to me and as a matter offact the Ordinance under which the County Commission authorized this Trails Task Force is one that endorses the Trails and wants to build a network of trails that connects and that is the taskhbefore that Commission and yes the 24 people on that Commission elected me Chairman and I'm very AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 4 proud to say that and I hope I do a good job and that's all I have to say about it. Mayor Bush said thank you, - Commissioner Ferring. Commissioner Ferring said I'm going to have to take exception to the comments that Commissioner Gennell has made because upon hearing about this I checked in with the County and I was told by the County that Commissioner Gennell requested to go onto this Committee, now if we want to pursue this further that's fine and ifwe want to bring the County people that were involved with this thing, that's fine also. That's the information I was given, but I gottajust add one thing, we act as a democracy and I think you are the person that says we should be a democratic government and democracy is great, well the democracy on this Commission is by majority vote, and when you indicated that you wanted to serve on that Commission, on that committee and this Commission refused to let you serve on that committee, I think it would have been proper for you to abide by what your Commission had voted on and sent a director from the Parks and Recreation Dept. to represent this City and I think you have not done us a very good deed by just not paying attention to what we're doing here and I would like for you, Mr. Attorney to look and see whether or not with a director from our Staff serving on this committee whether this poses a conflict of interest on behalf of the City of Winter Springs. Commissioner Conniff said Mayor can we proceed with the public input. Mayor Bush identified Commissioner McLeod. Commissioner McLeod said he would just like to ask, put this to the City Attorney, has there been any laws broken here or any ordinances broken here. Attorney Kruppenbacher said members of the Commission and Mayor, I don't know enough about the accuracy of what the facts are other than what has been described here to give you an opinion one way or the other, if you want me to look into it I will bring back to you at the next meeting the facts as I identifY them and what the answer is ifthere is any....Commissioner Ferring said I would appreciate that.....Attorney Kruppenbacher said if, you know me, if I thought there was a violation of the law I would be the first to tell a Commissioner you got a violation, I don't know the facts enough to know the answer to that and I'm not going to even speculate on it in difference to each one of you as Commissioners, I won't do it. Commissioner McLeod said would you mind then, I think the majority here would like you to look into it to see if any law has been broken....Commissioner Ferring said absolutely....Commissioner McLeod said or any violation of codes and advise us of that... .Mayor Bush said do we have the consensus among the Commission for Commissioner McLeod's recommendation. Consensus was yes. Mayor Bush said ok you have it. Attorney Kruppenbacher said I'll report back at your next meeting and if it is alright with you I'll also concur with the City Manager on this as I move along. Mayor Bush said ok. (End of Verbatim Portion) AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 5 Mayor Bush asked ifthere was any other member of the public who wished to speak. There was no other member of the public who wished to speak. Mayor Bush closed the Public Input portion of the meeting. CONSENT AGENDA: Public Works Dept. A. Shore Road Culvert and Sanford Road Ditch Drainage. B. Potable Water Well #6 Construction Contract. C. Winter Springs/Seminole County Engineering Design. D. Supplemental Traffic Engineering Study. General Services Dept. E. Salary Study Update. Police Dept. F. SHOCAP - Cooperative Agreement with State Juvenile Justice Department. Mayor Bush asked ifthere was any items on the Consent Agenda that any Commissioners wished to have pulled. There was no items that the Commission wanted to discuss from the Consent Agenda. Motion was made by Commissioner Ferring 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. INFORMATIONAL AGENDA: Finance Dept. Reissuance of Audit R.F.P. ' s: Motion was made by Commissioner Ferring to go forward with the R.F.P.'s. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. REGULAR AGENDA: General Services Dept. Public Safety Complex bid presentation: Mr. Timothy Fierro, President of Gel (General Constructors, Inc.), spoke regarding the bid in reference to the City of Winter Springs Police Dept. and that his company is protesting the bid. Mr. Kevin Radigan, Vice President of Architects Design Group, stated in their opinion Mr. Fierro and his Company had the opportunity to either take the information which was given to them or to bid it according to the plans and specs. In reading the notes from the structural engineer, I cannot find anything that was added to the project. More importantly I find clarification and interpretation of the details that were included in the project. I spoke to the structural engineer today and was assured AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 6 that there was no structural work was left out of the project. In terms of a change order that would be generated, I don't believe at this from the research that I have done into this situation that it would result from beams and columns being left out of the project. Manager McLemore stated that he has responded to the bid protest and reviewed the complaint and information provided by the design consultants and filed Supplemental I with the Commission today and said it basically covers the issues that have been raised and my recommendation to the Commission based on the facts is that the Commission find this bid protest to be invalid. Commissioner McLeod said in sitting in on this, the structural engineer was called today from City Hall and was asked pertinent questions and was called by Mr. Frank (with the design Co.), basically the structural engineer had assured us that there nothing had been left out; some questions were asked and referred the questions to not only the structural drawings but go back over the architectural drawings because those questions were answered in the architectural. The structural engineer and Building Official has assured us today that nothing has been left out of the building structurally. Discussion. Motion was made by Commissioner Ferring that the protest of the bid to be invalid. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion carries. Manager McLemore stated that we are recommending the awarding the bid for the Public Safety Building to the second low bidder, we are recommending that the low bidder be released from his bid based on our review of the situation where he has provided that he miscalculated his bid and because of that he asked to be released; I think it would be in our best interest to release the low bidder based on his representation and go to the second low bidder who is Southland Building Contractors, Inc., ofLongwood in the amount of$1,831,344.00; I am also recommending that you would grant to the City Manager the authority to deal with change orders up to 5% of the project which amounts to $91,567.00 and anything over that would have to come back to the Commission for your review. Discussion. Attorney Kruppenbacher said if the Commission deems it appropriate to approve Manager McLemore's recommendation, I would ask you to add in that approval subject to legal review because of the letter that came in today from protester and I want to check some of the technical bidding statutes with the City Manager. Motion was made by Commissioner Conniff to release Castle Design and Construction, Inc., from their February 7, 1996 bid without penalty. Seconded by Commissioner Ferring. Discussion. Commissioner McLeod said for the record, that Castle Design and Const. stated that they would honor the contract if the City intended to call upon the bond. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 7 Motion was made by Commissioner Conniff to award the bid of the Public Safety Complex to Southland Building Contractors, Inc. for $1,831,344.00 and subject to legal review by the City Attorney. Seconded by Commissioner Gennell. Discussion. Commissioner McLeod asked the City Attorney how long will it take to get through the process. Attorney Kruppenbacher stated it would only take an hour in the morning. Commissioner McLeod said that the City Manager should know by noon tomorrow and this is including the building and three addendums to it which includes the addition, the landscaping and irrigation; it is all inclusive the City is not doing anything themselves. Manager McLemore stated for the Commissioner's information, the Building Official is comfortable that he can act as our ownjob inspector and coordinator and we don't need to go to the expense of hiring someone to do that; the Building Official will advise me if he thinks we are getting into a position where we need to do that; it will also save us quite an amount of money also. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Motion was made by Commissioner McLeod to grant the City Manager 5% contingency fund in the amount of $91,567.00 to be used for unforeseen circumstances and subject to legal review. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Manager McLemore stated that originally in your package item A, we knew we were going to be in the position of having to work this out so Item A was presented to you with specific recommendation that we would bring information to you tonight for supplemental; so for the record Item A is disposed of with supplemental action #2. Second Reading and Public Hearing Ord. 610 - Vacating, Abandoning and Closing the Westerly four (4) feet of the easterly fifteen (15) foot utility easement located on Lot 4, Walden Terrace, as Recorded in Plat Book 18, page 69, Public Records of Seminole County Florida, providing for conflicts. severability and effective date: Attorney Kruppenbacher read Ord. 610 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there was any member of the public who wished to address the Commission on this ordinance. There was no member of the public who wished to address the Commission on ordinance 610. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Ferring to adopt Ord. 610. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Second Reading and Public Hearing Ord. 611 - Vacating, Abandoning and Closing that part of Tract AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 8 "B", The Highlands, Section 4, plat Book 19, Page 44, Public Records Seminole County, Florida~ providing for conflicts. severability and effective date: Attorney Kruppenbacher read Ord. 611 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there was any member of the public who wished to address the Commission on this ordinance. Mr. Sid Chans, 1224 Denton Rd. Winter Park, Attorney representing the homeowners and stated that he would answer any questions regarding the vacation of the easement. Discussion. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Ferring to approve Ord. 611. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye~ Commissioner Conniff: aye~ Commissioner Gennell: aye~ Commissioner Langellotti: aye. Motion passes. Second Reading and Public Hearing Ord. 612 - To extend territorial and Municipal limits to annex, pursuant to Florida Statute 171.044, owned by the Viera Company, located on Oviedo Crossings, North of Red Bug Lake Road: providing for severability. conflicts and effective date: Attorney Kruppenbacher read Ord. 612 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there was any member of the public who wished to speak on Ord. 612. There was no member of the public who wished to speak on Ord. 612. Commissioner Ferring asked the City Attorney if he was satisfied that everything in the Ordinance was correct. Attorney Kruppenbacher said he is satisfied that the City is annexing what has been propertied by the applicant to be the parcel that they have given the City pursuant to the Settlement Agreement. Motion was made by Commissioner Langellotti to approve Ord. 612. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye~ Commissioner McLeod: aye~ Commissioner Ferring: aye~ Commissioner Gennell: aye~ Commissioner Langellotti: aye. Motion passes. Second Reading and Public Hearing Ord. 614 - Changing the Future Land Use of the north 375 feet along the eastern right-of-way of Wade Street of the west ~ of Lot 41, Entzminger Farms, Addition No.2, as recorded in Plat Book 5, Page 9, of the public records of Seminole County, Florida, less the north 375 feet along the right-of-way of Wade Street of the west 1/4 of Lot 41, Entzminger Farms, Addition No.2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida from the present zoning category Rural Urban (R-U) to Neighborhood Commercial (C-l)~ AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 9 providing for severability. conflicts and effective date: Attorney Kruppenbacher read Ord. 614 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there was any member of the public who wished to speak regarding Ord. 614. There was no member of the public who wished to speak regarding Ord. 614. Commissioner Ferring asked Mr. Grimms is he made sure that there was no cost factor to the City for the jack and boring of this project. Mr. Grimms said there will be no cost to the City. Motion was made by Commissioner ConnitTto approve Ord. 614. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye. Motion passes. Second Reading and Public Hearing Ord. 615 - Rezoning the north 375 feet along the eastern right- of-way of Wade Street of the west ~ of Lot 41, Entzminger Farms, Additions No.2, as recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida, less the north 375 feet along the right-of-way of Wade Street of the west 1/4 of Lot 41, Entzminger Farms, Addition No.2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida from the present zoning category Rural Urban (R-U) to Neighborhood Commercial (C-l), providing for severability, conflicts and effective date: Attorney Kruppenbacher read Ord. 615 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if any member of the public wished to speak regarding Ord. 615. There was no member of the public who wished to speak regarding Ord. 615. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner ConnitT to approve Ord. 615. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennelt: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Ferring: aye. Motion passes. Second Reading and Public Hearing Ord. 616 - Placing a six-month moratorium on the construction and/or erection of any outdoor advertising display/billboard off-premises sign as defined by Section 16-77. Code of Ordinances. City of Winter Springs, Florida. providing for effective date: Attorney Kruppenbacher read Ord. 616 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if any member of the public wished to speak regarding Ord. 616. There was no member of the public who wished to speak regarding Ord. 616. Mayor Bush closed the Public Hearing and convened the Regular Meeting. AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 10 Motion was made by Commissioner GenneU to approve Ord. 616. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. Fire Department Second Reading and Public Hearing Ord. 613 - Providing for financial protection and safeguards for the City of Winter Springs, Florida, regarding the establishment and operation of the City operated emergency transport system: providing for conflicts. severability and effective date: Attorney Kruppenbacher read Ord. 613 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there was any member of the public who wished to speak regarding Ord. 613. There was no member of the public who wished to speak regarding Ord. 613. Motion was made by Commissioner ConnitT to adopt Ord. 613. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. General Services Department Adoption of Resolution 775 - Interim Service Fees revision: Motion was made by Commissioner ConnitT to read Resolution 775 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Resolution 775 by title only. Discussion. Motion was made by Commissioner Ferring to adopt Resolution 775, Interim Service Fees revision. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Chelsea Parc Phase II - Plat error update: John Ketteringham, General Services Director, stated that lots 23,24 and 25 are no longer in code compliance; we are recommending that the City withhold building permits until the matter is corrected to the City's satisfaction and gets into compliance on Chelsea Parc Phase II. Commissioner Ferring asked how many units are left to build on. Mr. LeBlanc stated approximately 15 lots in Phase II. Mr. LeBlanc stated that he sent Mr. Robinson a letter on 1-25-96 and copy to Mr. Robinson's Attorney and as of this date he hasn't received a reply, I had invited him to the meeting to explain what steps were being taken. AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 11 Attorney Kruppenbacher stated that he and Manager McLemore conferred last week on this issue and following that conference called Mr. Draige and advised him that tonight was the deadline and said he would get a hold of his client and that he understood from his client that his client was dealing with the other neighbor to do something which would buy some property and solve the whole issue. Attorney Kruppenbacher said he has received nothing. Attorney Kruppenbacher said that he concurs with the City Manager's recommendation that there may be a legal issue about holding up permits but I believe the Commission approved this project based upon representations of proper platting etc. With regard to the City's issue, he is not prepared to speak on that issue because their particular problem really involves claims against them as individual property visa ve, the developer, what we are dealing with is our rights regarding the plat. I will look at that for you, normally I would assume by conveying the message that they are not going to have the permit issued, we are not going to revoke any permits but they will not have a permit issued for any new lots, it would draw the attention of a developer into remedying the issue. In addition to this, the next issue we will look at is the ability to use the Code Enforcement fine process. Attorney Kruppenbacher stated that this will require some time and energy to discern what legal remedies we can use. Attorney Kruppenbacher said if the Commission approves the recommendation he asks that in approving it to authorize the Manager that in the event the developer solves the problem or has been resolved and the City gets written conformation it is resolved, that the Manager can begin reissuing permits. Discussion. Attorney Kruppenbacher said if this is approved, Mr. LeBlanc will file notice to the property of the action from the City with the Clerk of the Court. Motion was made by Commissioner Langellotti to authorize Staff to withhold building permits in Chelsea Parc Phase IT and to have the City Attorney look into alternate ways to prevent the developer from continuing the process and the City Manager has the authority to issue the permits if the matter is resolved. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. City Attorney - Frank Kruppenbacher: 1) Ord. with regard to unsafe building procedures; 2) Vested Rights issue: 3) Report on Mikes Settlement Agreement: Attorney Kruppenbacher said with regard to items 1 and 2, he and Manager McLemore are finalizing and will bring back to the Commission. Attorney Kruppenbacher said with regard to the Mikes Settlement Agreement, he and the City Manager have conferred and have decided to do with the Commission's authority is to take the minutes of the Commission meeting in which Mr. Mikes appeared and made representations to the Commission in which the Commission took action, to attach them (minutes) to a cover document that says the City Commission based upon the representations contained in the attached minutes by the developer is prepared to honor the action it took at that meeting; that cover letter would be signed by the Mayor. There would then be a sentence that says "the developer agrees to the representations he has made in the minutes as the consideration for the action and the request of the Commission to AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 12 take the action it took; that would be forwarded to Mr. Mikes. If Mr. Mikes decides to delete from the proposed agreement, that language regarding tennis courts which was not approved at that meeting by the Commission. Attorney Kruppenbacher said that he and Manager McLemore join in the recommendation and asked for your authority to proceed in that fashion. It was the consensus of the Commission to have the Attorney and City Manager proceed with their recommendation. Attorney Kruppenbacher said that within the last ten days he was phoned by Mr. Mikes and Mr. Mikes believed that a former and present P&Z Board member were violating a number oflaws; that they had contacted prospective purchasers of his property and that those issues had resulted in delays in the sale of Mr. Mikes' property. Discussion. Attorney Kruppenbacher stated that given what he knows about the facts as of right now, he doesn't see any exposure to the City at this particular time. Attorney Kruppenbacher gave an update on the matter regarding Armando Guarln who resides in the Highlands and the City filed suit and invoked the City Code and the Homeowners deed restrictions under the provision that I had put in that the City had third party rights to go in. Discussion. Attorney Kruppenbacher stated that Mr. Guarin's attorney has made the offer of paying the costs and Attorney's fees (and said he believed it is up to $500.00). Attorney Kruppenbacher said that he and Manager McLemore has conferred on this matter and are advising the Commission that they are going to proceed through the steps of going through the Code Board with a recommendation to remove the lien and settle the matter. Discussion. City Manager - Ronald W. McLemore: Manager McLemore mentioned to the Mayor and Commission that he has requested a Staff member from Martin County to spend the day tomorrow (2-13-96) with me and the Staff to assess where we are and layout a frame work as to where we need to go with our Data Processing System. Commission Seat V - David McLeod: Commissioner McLeod thanked Manager McLemore for the new agenda layout and that it is user- friendly. Commissioner McLeod said regarding the Bid results on the Public Safety Complex, there was a lot of time put into that today with the architect and Staff going over the bids and to determine whether or not the individual has a legitimate complaint or not and recommendations were as the report said, we felt there was not a legitimate complaint and that the individual went on assumptions. Commission Seat I - Larry Conniff: Commissioner Conniff said he is concerned with the information Mr. Scott brought before the Commission and hopes the City Attorney brings back information by the next meeting. AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 13 Commission Seat II - John Ferring: (TIllS PORTION OF MINUTES VERBATIM) Commissioner Ferring said Mr. Mayor, lost in the shuflle of our new City Manager coming on board and the process of time that it took to bring him on board a few things were over looked, which I would like to have permission to bring on the agenda tonight and that is appointments to the CALNO Board and appointments to the East Central Regional Planning Council Board; so with your permission I would like to bring these on the agenda. Mayor Bush asked for a motion to add these two items to the agenda. Commissioner Langellotti said so moved. Mayor Bush said "do we have a second". Commissioner ConnitT said I'll second it. Discussion. (There was no discussion) Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner ConnitT: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Commissioner Ferring said "ok". Mayor Bush said those are two separate appointments...Commissioner Ferring said yes they are two separate appointments, and I would like to make a motion on both of these appointments, in lieu of the fact that we do a rotational system on a lot of the things that we do, I would like to nominate Commissioner Langellotti for the Council on Local Governments and Commissioner Gennell to the East Central Regional Planning Council and I would like to have a second regarding that Mayor Bush said do we have a second. Commissioner ConnitT said "I'll second it" Discussion. Commissioner Gennell said "in my conversations with CALNO, as a matter offact I'll go back to last year when you tried to do this, I pointed out to you that Commissioner Kaehler had this four years, the whole time she was on here and when I got on, I got on with that intention and I've worked diligently toward that end. In talking with the CALNO representatives, it turns out that most of the other Cities stay on there, one of them has been on there nine years, one's been on seven years, Lee Constantine was on eleven or twelve years. Because we only meet one hour, once a month, it takes well over a year until you get to work a good working relationship with these people and in as much as I have been just appointed, elected, chairman of that group, I think it's appropriate that I be reappointed to it." Commissioner McLeod said "I agree, I believe the fact here that we've had a fellow Commissioner being appointed as Chairperson for Seminole County for CALNO, that that person should be reappointed, I don't think that it sounds to me like a way to take the Chair positioning away from the individual and I don't believe under good ethics that I would vote along those lines, I think that I would have to recommend that Cindy stay on as CALNO". Commissioner Ferring said "In lieu of the fact that Commissioner Gennell has been appointed Chairman before we've even had a chance to make the reappointments, this has been a question in my mind as far as who stays on any particular position for any length of time. In lieu of the fact that Commissioner Gennell felt that she was entitled to stay on that Board, you know, for an in determined amount of time, I checked with the former Commissioner that held that position, Commissioner Kaehler and she indicated to me that absolutely, every year there had to be a AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 14 reappointment either by vote or by consensus to go on that Board, mainly because no one else wanted it and that's the reason why she held it for four years, or for whatever period of time she had because nobody else wanted it. The scene is changing, if the nomination 1 made does not want to sit on that Board, then 1 will defer and retract my nomination~ if he decides he wants to sit on that Board for a various experience, that everybody should be getting to broaden their own knowledge, then my nomination stands the way it is and seconded." Commissioner Gennell said "I just don't agree with this at all, it just smacks of a good ole' boy system and I will say something else here that 1 was rather hesitant to bring up in public but 1 really have to say that Commissioner Langellotti has been on the East Central Florida Regional Planning Council for several years and has only attended one third of their meetings. Now, to send somebody like that to another County organization for that kind of representation is just.. . none of it is good sense gentlemen, none of it is good sense. 1 have been a proponent for a long time number one, when somebody is doing a good job up here in whatever their field of expertise, that you retain em in that position~ number two 1 would favor going to something like the City of Orlando has where anybody appointed to any Board or committee has to attend at least 75% of those meetings, that's what the City of Orlando does. But, you do reappoint things from year to year, you definitely do, but if you will look at the Cities of Sanford and Casselberry, Lake Mary and all that, they reappoint the same people that are doing a good job and that express a desire to stay there and that have built up a rapport with the other people on that committee." Commissioner LangeUotti said "Just to answer Commissioner Gennell, I'm glad she's keeping a tabs on my attending meetings, 1 know 1 try to keep tabs on the meetings that she was so called attending with the B.O.W.S. Board a few years ago and 1 wish she would bring that to mind and 1 wouldn't like to bring that up in public either, but when we have to pay a person for quite a few months and never attends a meeting, 1 wasn't paid for attending meetings at the Regional Planning Council. I'm willing to give it up, I've been there enough and I'm looking to go to something else, 1 think it's time that we change and we should change every year, a different Commissioner get on these Boards, so that we get different input and get the information back, and that's what 1 have to say". Commissioner Ferring said "In response to Commissioner Gennell's good ole' boy system, I've been around for a long time and I've worked with many males and many females~ but to put this on a gender basis who's completely wrong. When you are in the business of politics and government you do what you think is right, irrespective of what the gender is, whether it's male or female. I've worked along side of many talented professional females and many talented professional males. There is a certain story going around about male chauvinism and blue collar unionism being disseminated by certain people; now 1 don't think that's very proper and I'm not going to dignify it and go into it any more, but I believe should be done is that every responsibility in this City should be circulated on a rotating basis and that's what I'm making my motion on. 1 think every Commission has a right to serve on a committee if they so desire, and that's why we change every year, we change Deputy Mayor's every year. Nobody says that the Deputy Mayor should go for the term of his tenure, it's changed every year and you were the one that brought that out Commissioner Gennelllast year, or AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 15 have you forgot about that? I just don't want to get involved in a gender type situation, let's stick to the issues and not the gender and not the good ole' boy systems, let's stick to the issues. Commissioner Gennell said "Well, if you want to stick to the issues, then why don't you try and explain why you'll take a hard working Commissioner off of a Board to which they have just been appointed as Chairman, why in the world would you do that, take somebody that's doing a good job except for the good ole' boy system and another thing the East Central Florida Regional Planning Council is something we pay almost seven thousand dollars a year to, we have a, it's a legislative body, we pay the dues so that we can have input, so that we can affect the growth in this whole central part of the State and for our input to have not been present that much in these past years, we will never know, we will never know......Commissioner Ferring said "well maybe you could do just as good a job there...Mayor Bush said "Commissioner Ferring let her finish then Commissioner Conniff wishes to speak" Commissioner Gennell said "I am not interested in the East Central Florida Regional Planning Council, as a matter offact, to tell you the truth since you've raised it and since your background is in land use, I was going to nominate you for that because I feel like that's something you would really do a good job at; that's not where my background is and everybody knows it. Why, why put me somewhere where I don't have a background, that doesn't make sense either. This is just a plain, just just a sleazy slap in the face is all it is. Commissioner Ferring said "can I respond please" Mayor Bush said no, Commissioner Conniff is to speak next then you can Mr. F erring" Commissioner Conniff said "thank you Mayor, I hear merits on both sides, what I would like to do is table this motion or ask this motion be tabled until after our City Attorney reports back to the Commission at the next meeting". Mayor Bush said we have a motion to table, do we have a second? Commissioner Ferring said "I'll second the motion in respect to Commissioner Conniff. Mayor Bush said call the roll, there is no discussion on a tabled motion, no discussion, call the role. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Mayor Bush said motion's tabled. Commissioner McLeod said "can I ask a question now? Mayor Bush said sure. Commissioner McLeod said "is the question, I guess Mr. Conniff, that you're asking is that what the City Attorney comes back with whether any laws or violations were broken? Commissioner Conniff said correct. Commissioner McLeod said ok thank you, I just wanted clarification. Mayor Bush asked "is there anything else Mr. Ferring? Commissioner Ferring said "no, that's all I have" . Commission Seat III - John Langellotti: Commissioner Langellotti invited Manager McLemore to the Tri-County League February Meeting on Thursday in the City of Eatonville so the Manager can meet the other elected officials and City Managers in the Tri-County League of Cities. Manager McLemore accepted the invitation. AMENDED Regular Meeting City Commission February 12, 1996 95-96-09 Page 16 Commission Seat IV - Cindy Gennell: No Report. Mayor's Office - John F. Bush: Mayor Bush mentioned that he had not been attending the Commerce & Industry Development Board meetings because he thought it would be a Sunshine violation; after talking with the City Attorney, he (Attorney) sees no conflict so Mayor Bush stated that he will attend the meetings and ifhe cannot attend he will ask the Deputy Mayor to attend. Mayor Bush complemented the City Manager on the agenda format. The meeting adjourned at 9:25 p.m. Respectfully Submitted, ~~~~ Margo M. Hopkins, City Clerk APPROVED: *~