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HomeMy WebLinkAbout_1996 06 10 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION JUNE 10, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30p.m. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager Ronald W. McLemore, present City Attorney Frank: Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present F or the invocation Mayor Bush asked for a moment of silent prayer. Commissioner Gennell asked that Item A be pulled from the Consent Agenda for discussion. Commissioner Ferring asked that Items B, C and E be pulled from the Consent Agenda for discussion. Approval of Minutes of May 13. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of May 13, 1996. Mayor Bush mentioned a typographical error on page 3, next to the last paragraph the word "wan" should be "want". Minutes stand approved with the typographical error corrected. Approval of Minutes of Emergency Meeting of May 20. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of the Emergency Meeting of May 20, 1996. There were no additions or corrections to the minutes of the Emergency Meeting of May 20, 1996. Minutes stand approved as presented. Mayor Bush introduced Ms. Hollan Pugh, Executive Director of Safehouse of Seminole, and presented Ms. Pugh a certificate for 60 free meals from Kenny Rogers Roasters that was won by City Employees at the Kenny Rogers Rib-A- Thon. Ms. Pugh thanked the City Employees for the meals. Mayor Bush read the names of the employees who participated in the Rib-A- Thon. PUBLIC INPUT Mel Glickman, member of the Commerce and Industry Development Board, gave the Mayor and Commission an update as to the Board's activities and also mentioned the Board working on getting information for getting the City on the Internet, and said they will be presenting that to the Commission in the future. Linda Combs, from the Broadway Gymnastics Booster Club, asked the Commission if the City would sponsor an ad (renewal) for their program. Discussion. Ree:ular Meetine: City Commission June 10. 1996 96-97-19 Pae:e 2 Motion was made by Commissioner Conniff to place this on the agenda and to have the City sponsor an ad on the back cover of the Broadway Gymnastics program. Seconded by Commissioner GenneU. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Arcenio Reyes, 107 Inwood Court (Winding Hollow), spoke regarding the drainage problems in Winding Hollow and with regards to Consent Agenda Item A and potential drainage problems in that area. Kip Lockcuff, Public Works/Utility Director, stated that the City is aware of the problems and that Mr. John Florio, engineer with D.W. McIntosh Assoc., is present for questions. Mayor Bush said that Mr. Florio can speak when this item is addressed. Mayor Bush said the Consent Agenda consists ofItem D only. Motion was made by Commissioner Conniff to approve Consent Agenda Item D. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. CONSENT AGENDA DISCUSSION: Land Management Division A. Requesting Commission approval for recordation of the plat and supplemental covenants for Winding Hollow Unit 3. PURPOSE: to record the plat and supplemental covenants for Winding Hollow Unit 3 (that property located southward of S.R. 434 and to the west of City Hall and to the east of Winding Hollow Boulevard): Commissioner Gennell said she would like to hear more about this item as the Commission has had several complaints in regards to homes being affected with the water problem in the first phase and said she wanted to see if that has been addressed in the new phase. Donald LeBlanc stated that the plan's engineering and St. John's approval was,approved a number of years ago; this is another phase in the process, this action tonight by no means would allow Certificates of Occupancy to be issued, the final inspection on has not been done and that is why the City has a performance bond. This action allows the issuance of building permits only and not certificates of occupancy. Mr. John Florio, Director of Engineering with D.W. McIntosh & Assoc., said the plat before the Commission is the Winding Hollow Unit 3 plat, which consists of approx. 51 lots that are south of the existing development, all interior lots. The drainage discussion that Mr. Reyes spoke about, is a discussion that has been ongoing for many months and relates more to rear yard swales. Those rear yard swales have created some problem for the residents, the residents have a drainage committee and their property manager and have been meeting regularly with Pizutti and Lenar Homes and Horton Re2ular Meetin2 City Commission June 10. 1996 96-97-19 Pa2e 3 Homes to discuss their concerns. As Pizutti's engineering consultant, we have evaluated several alternatives, the most favorable thus far is to try to eliminate the rear yard swales. The elimination of the rear yard swales requires St. John's River Water Management approval, which is a fairly lengthily process. We have met with representatives of St. John's and with Mark Jenkins, the City Engineer, and discussed this and also met with The Friends of Lake Jesup to discuss this; we are preparing an application now to be submitted, we are looking at a June 20, 1996 submittal date and then go through St. John's process of approving the project. A majority of the complaints that we are aware of deal with the rear yard swales and the proposal that we are moving forward with the Water Management District will effectively provide additional treatment of other dirtier water from the subdivision in lieu of treating the stormwater in the rear yards of the subdivision. Discussion. Motion was made by Commissioner ConnitT to approve the recordation of the plat and supplemental covenants for Winding Hollow Unit 3. Seconded by Commissioner Gennell. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. City Manager B. Requesting payment of Rotary Club dues as per Section 9-A of the Manager's Employment Agreement. PURPOSE: to request the Commission to pay the City Manager's annual Rotary Membership Dues as per the Manager's Employment Agreement: Commissioner Ferring stated that he had given this deep consideration and researched several areas regarding this issue and said he has looked at the Manager's contract where it states the Commission will look at reasonable areas on which to subsidize the City Manager in certain professional associations. Commissioner Ferring said he does not believe falls under that particular category; dues are $600.00 per year and for the past periods of time that he has been in the City, the prior City Manager who belonged to this particular association, did that at their volition, it is a private organization, it is quasi-fraternal, not anyone can join this organization. A person has to be sponsored and approved to this organization, and therefore, (I don't believe) it falls under the realm under the realm of a Civic Assoc., where anyone can join. Commissioner Ferring said he feels while that organization does a lot of good work and are a fine organization, he doesn't believe that this falls under the guidelines where the Commission would make the taxpayers pay the dues that are forthcoming in this particular organization. Commissioner Ferring said the Commission has members that sit on the Commission now that are members of that organization and said he doesn't think they are being subsidized on their dues for this organization. Commissioner Ferring said he thinks goes on the reasonableness of what he would consider a professional organization or a civic organization and said he doesn't believe the Commission should be granting something like this. Discussion. Manager McLemore stated that he thinks his contract language says "and for those things that are for the good of the City", and said he thinks it is a valid contract that he has with the City. Manager McLemore said in his discussions with each one of the Commission in his first few weeks of employment, each one of the Commission listed in their first or second priority, get out in the community and meeting the people and working with the community; there are no other service club alternatives in this City other than Rotary Club. Manager McLemore said he can't draw the parallel Re2ular Meetin2 City Commission June 10. 1996 96-97-19 Pa2e 4 between thinking that a person in his position should not be representing the community in this type of organization and to say that this is not a service club, and stated that he doesn't know any club that is more of a service club to a community than Rotary. Manager McLemore said his goal is to try to carry out the Commission's wishes, which is to try and be involved in the community, to carry out a civic function, and this is the only organization that provides him the opportunity to mix with other business people and people in the community who really feels serious about the community and do good things for the community. Discussion. Motion was made by Commissioner McLeod to approve the payment of the City Manager's annual Rotary Membership dues as presented. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: nay; Commissioner Langellotti: aye. Motion passes. General Services Department C. Request approval by the Commission to authorize the City manager to enter into a contract with Ralph Hahn and Associates, Inc., for $3,900 to conduct a generalized review of the City Hall telephone system with recommendations for equipment upgrades and improved levels of service. PURPOSE: to obtain Commission approval and authorize the City Manager to enter into a contract with Ralph Hahn and Associates, Inc., of West Palm Beach, FL to provide the services identified in the May 23. 1996 letter for $3.900: John Ketteringham, General Services Director, stated that the request is for a needs analysis for City Hall. The system we have is functionally obsolete, we are having problems with it and need a new telephone system for City Hall. A consultant study is needed for the other facilities as well. Discussion. Motion was made by Commissioner ConnitT to table this item and have a study done on the whole City so that the City as a whole is compatible. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. It was the consensus of the Commission to have the City Manager check into other consultants. Commissioner Ferring mentioned that the Manager could contact the persons who worked on the School Board's telephone system, Mr. John Filer or Mr. Scott Stegall (327-6029 ext. 102). City Manager E. Requesting the Commission to consider approval of a short term consulting agreement with retired Chief Charles Sexton to perform certain services for the City. PURPOSE: to enter into a short term contract with retired Chief Charles Sexton to work with the City Manager on several law enforcement related matters that need to be addressed in the upcoming four months: Discussion on this item. Motion was made by Commissioner Ferring to not consider this Consent Agenda Item E. Reeular Meetine City Commission June 10. 1996 96-97-19 Paee 5 Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: nay; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. INFORMATIONAL AGENDA Commissioner Ferring asked that Item E and F be discussed. Parks and Recreation Department E. Requesting the Commission review the results of the Trotwood Park Neighborhood Workshop meeting which was hosted at the Civic Center on Tuesday, May 21, 1996. PURPOSE: to provide Commission updated information relative to the Trotwood Park Master Planning process which will consist of three (3) or four (4) neighborhood workshops: Discussion. Don Wilson, Parks and Recreation Director, stated that the meeting was very successful, there were 17 citizens present and had a very good workshop and the citizens felt a part of the process. Mayor Bush called a recess at 8:40 p.m. Mayor Bush reconvened the meeting at 8:50 p.m. Community Development Division F. Update on the Battle Ridge, Carroll, Weaver, Minter Large Scale Comprehensive Plan Amendments. PURPOSE: to notifY the City Commission that the objections, recommendations and comments (ORC) report from Department of Community Affairs (DCA) concerning the Battle Ridge, Carroll, Weaver, Minter Large Scale Comprehensive Plan Amendment has been issued and advising the Commission that the report is flawed and incomplete as submitted: Discussion. Mr. Jim Logue, 3250 Stone Street, President of the Black Hammock Homeowners Assoc., spoke against this item and asked the Commission to drop this issue. Motion was made by Commissioner ConnitT to table this item until a final recommendation is in from DCA. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: nay; Commissioner Langellotti: nay; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: nay. Motion fails. Discussion. Land Management Division(informational agenda) A. Land Management Division presents, for informational purposes, the plan for a partial wall and new entry sign at Golf Terrace Apartments. PURPOSE: to inform the Commission of the replacement ofan existing entry sign and the addition ofa partial wall along S.R. 434, namely at the Golf Terrace Apartments located westward of the Winter Springs Golf Course and on the north side of S.R. 434. Public Works Department/Stormwater Division B. Providing an update of the proposed emergency Stormwater Piping Replacement at 444/446 Alderwood Court. PURPOSE: to keep the City Commission informed as to the progress of the Rel!Ular Meetinl! City Commission June 10. 1996 96-97-19 Pal!e 6 emergency stormwater pipe replacement at 444/446 Alderwood Court as authorized at the May 13, 1996 City Commission meeting. Public Works Department/Utility Division C. Updating the Commission on the Water Reuse Program. PURPOSE: to update the City Commission as to the availability of reclaimed water to residents and advise the Commission the alternatives available to those residents who do not and may not have reclaimed water service provided to them. Parks and Recreation Department D. Requesting the Commission review the results of the meeting with the Winter Springs Little League held Tuesday, May 28, 1996, to discuss several issues relative to the league's use of City recreation facilities. PURPOSE: to provide the Commission an update on the solutions agreed upon by the City of Winter Springs and the Winter Springs Little League. Motion was made by Commissioner Langellotti to approve the Informational Agenda. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferrlng: nay; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Gennell: aye. Motion passes. REGULAR AGENDA (Item E was moved to after Item B and Item D was moved to after Item B; and Item C followed) A. Requesting Commission approval of the First Reading ofOrd. No. 619 which will amend Sections 20-232(a)(31) and 20-252(24) ofthe Code of Ordinances, deleting existing uses and inserting new uses. PURPOSE: (I) to delete an existing use from Section 20-232(a)(31) "Full Service Gas Station, requiring that mechanical service be provided; (2) inserting new use in Section 20-232(a)(31) "Mini- Mart (convenience store, snack shop and self-service gasoline sales)"; (3) to delete an existing use from Section 20-252(24) "Junkyards", and (4) inserting a new use in Section 20-252(24) "Full- Service gas station, requiring that mechanical services be provided. This action will ensure that the uses allowed in the City's commercial and industrial districts are more compatible in nature with surrounding uses: Motion was made by Commissioner ConnitTto read Ord. No. 619 by title only. Seconded by Commissioner LangeUotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Ferrlng: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 619 by title only. Motion was made by Commissioner Ferring to approve Item A, Regular Agenda. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Resmlar Meetine City Commission June 10. 1996 96-97-19 Paee 7 General Services Department B. Requesting the Commission to consider approval of the first reading of Ordinance 620, amending Section 2-152 of the City Code providing the Commission authority to waive bidding requirements when deemed in the best interest of the City. PURPOSE: to give the Commission the flexibility to waive bidding requirements when the Commission finds that it is in the best interest of the City to do so: Motion was made by Commissioner ConnitT to read Ord. 620 by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 620 by title only. Discussion on this agenda item. Motion was made by Commissioner Ferring not to go forward with Ordinance 620. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. General Services Department E. Request the Commission consider approval of Resolution No. 782, amending the existing Personnel Policy, Section 13-3, Vacation Leave with pay, and Section 13-4, Sick Leave replacing them with the attached Paid Time Off (PTO) Policy and conversion of existing vacation and sick leave hours policies, and consider alternatives recommended by the City Manager. PURPOSE: to allow the Commission to adopt an alternative policy for annual and sick leave: 1. Ketteringham, General Services Director gave his presentation. Mr. Ketteringham stated that it is Staff's recommendation that this item be deferred until a later time. Discussion on this item. Motion was made by Commissioner ConnitT accept the report and to have further study on this item and to present a full package at one time to the Commission. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye. Motion passes. City Manager D. Request the Commission review and adopt Cooper & Lybrand's Audit and Management Letter related to the FY 95 audit. PURPOSE: to give the City Auditor's the opportunity to present the FY 95 Audit to the City Commission for review and adoption: Mr. Pat Knipe and Ms. Suzanne Ferdette, of Cooper and Lybrand, reviewed their audit with the Commission. Ms. Ferdette stated that they had begun the transition process to the City's new Auditors and assured the Commission that they are doing everything to make the transition as smooth as possible. Motion was made by Commissioner ConnitT to adopt Cooper & Lybrand's audit and management letter related to the FY 95 audit. Seconded by Commissioner Gennell. Res!Ular Meetine: City Commission June 10. 1996 96-97-19 Pae:e 8 Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Bush called for a recess at 10: 17 p.m. Mayor Bush reconvened the meeting at 10:27 p.m. City Manager C. Requesting the Commission to receive the presentation of the proposed FY 97 Budget and to establish budget workshop dates. PURPOSE: (1) for the Manager to deliver the proposed FY 97 Budget; (2) for the Manager to present the 97 Budget Message to the Commission; (3) for the Manager to present the Five Year Budget Forecast; (4) for the Commission to establish budget workshop dates: Discussion on Budget Workshop dates. It was the consensus of the Commission to hold workshops on Wednesday, June 12, 1996 at 5:00 p.m; Thursday, June 13, 1996 at 5:00 p.m.; Friday, June 14, 1996 at 1:00 p.m. and Saturday, June 15, 1996 if needed; as suggested by Manager McLemore. Manager McLemore gave his Budget Message and gave an overview of the budget. Motion was made by Commissioner ConnitTto extend the meeting past 11:00 p.m. Seconded by Commissioner LangeUotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Manager McLemore stated that the budget he is presenting for FY 97 is in total 4% less than the City's last year's budget. J. Ketteringham gave a presentation on how the Budget Forecast was achieved. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher mentioned that Attorney R. Black contacted him regarding a Quick Claim Deed from Florida Land with regards to the old utility Building and the City being deeded properties. Attorney Kruppenbacher asked that the Commission give hi authority to work with Attorney Black regarding this issue. The Commission agreed to authorize Attorney Kruppenbacher to work with Attorney Black. Attorney Kruppenbacher stated that he, Captain Pieper and Captain Tolleson met with Orlando's Code Enforcement people and stated they will be making a major overhaul to the Code Enforcement Department and update the Code regarding Code Enforcement. Attorney Kruppenbacher also stated that a Closed Executive Session is needed regarding the Sullivan case and stated that the Executive Session will be held either on Wednesday, June 12, 1996 at 8:00 p.m. or on Monday, June 24, 1996, at 8:00 p.m. Attorney Kruppenbacher stated those present for the Closed Executive Session will be Commissioners Conniff, Ferring, Langellotti, Gennell, McLeod, Mayor Bush, City Manager McLemore, Attorneys Noah, Roper, and possibly Penley, and himself Reeular Meetine City Commission June 10. 1996 96-97-19 Paee 9 (Attorney Kruppenbacher); also a court reporter. Attorney Kruppenbacher stated he will get with Attorney Noah and see what date he can come. City Manager - Ronald W. McLemore: Manager McLemore asked the Commission if they wished to skip the June 24, 1996 meeting as there will be two Commissioner on vacation. Discussion. The meeting will take place as scheduled on June 24, 1996. Commission Seat I - Larry Conniff: Commissioner Conniff presented Mayor Bush (for the City) and the City Clerk Certificates of Appreciation from the Knights of Columbus Council #5357 for helping collect canceled stamps to help Habitat for Humanity. Commission Seat II - John Ferring: Commissioner Ferring asked the Commission if they would authorize him to go to the County meetings to represent the City regarding the Duke Property (S.R. 419) and he would report back to the Commission the status of the project. Discussion. It was determined that the City Manager will send a Staff member to the County meetings. Commission Seat III - John Langellotti: No Report. Commission Seat IV - Cindy Gennell: Commissioner Gennell spoke regarding monitoring the Duke Property project. Commission Seat V - David McLeod: Commissioner McLeod mentioned that as the political season nears, not to bring in the public for personal uses. Mayor's Office - John F. Bush: Mayor Bush said that he has been contacted by some residents with regards to having Fire Works for the 4th of July and said that the City Manager is looking into this and that this function (if feasible) would be for next year, not this year. Mayor Bush also reminded the Commission of the Commerce and Industry Development Board's Business Breakfast on Wednesday, June 12, 1996 at 7:30 a.m., being held at the Senior Center. Resmlar Meetin2 City Commission June 10. 1996 96-97-19 Pa2e 10 Commissioner Conniff thanked the City Manger and Staff for their presentation of the Budget. The meeting adjourned at 12: 17 a.m. Respectfully Submitted, Margo M. Hopkins, City Clerk APPROVED: