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HomeMy WebLinkAbout1996 10 14 Other Date: 10/14/1996 The following Minutes for Regular Meeting 09231996 were approved during the 10/14/96 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION SEPTEMBER 23,1996 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, absent 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 of silent prayer. Aeenda Chanees: , Mayor Bush indicated that there is an Add-On item on the Consent Agenda - Item F. Mayor Bush also stated that Items G and H on the Regular Agenda will be taken off and set for a date to be certain. Discussion. Motion was made by Commissioner Conniff to table Items G and II f..om the Regular Agenda and will be rescheduled for the Regular Meeting of the City Commission on October 14, 1996 at 7:30 p.m. Approval of the Minutes of September 9. 1996: Mayor Bush asked if there were any changes or corrections to the minutes of September 9, 1996. There were no changes to the minutes of September 9, 1996. Minutes stand approved as presented. PUBLIC INPUT Mr. Rob Reedy, Commissioner for the Junior and Senior Big League in Winter Springs Little League, said he is present to me a formal complaint against four Parks and Recreation employees. On 9-22- 96 at Central Winds Park, two teams from Oviedo and Winter Springs Big League arrived at the park to play baseball; and explained a situation that occurred. Mr. Reedy asked that immediate action be taken to discipline or dismiss the employees and said that he believes that a written letter of apology should be sent to both leagues and their parents. Mr. Reedy stated that Winter Springs Little League pledges to do whatever is necessary to establish a positive and cooperative environment with the City of Winter Springs. Manager McLemore said he has looked into this and talked with the Recreation Staff and Police Officers that were involved to try and get a better understanding of the incident. Manager McLemore said that he feels what has happened is a lot of frustration that is a result from a period of time that we haven't been able to work out a way for scheduling to properly take place at the Park. We can minimize the issue of the fact that the scheduling is not important and the Staff should always be in the position of conceding to the public, and stated that we can't operate that way. We have to have Re2ular Meetin2 City Commission September 23.1996 95-96-25 Pa2e 2 some rules by which we conduct business. Manager McLemore said he appreciates the position that Mr. Reedy has taken on this and said he thinks there is two issue, one issue is there is a concern voiced by the citizens from that event that the Parks Dept. failed to schedule the 16+ boy league game for 9-22-96 on field number 4 at 2:00 p.m. (and that is the complaint that he has gotten from other people today) Manager McLemore said that Mr. Reedy had made a remark (9-22-96) that the Parks Dept. had failed to follow through and schedule and prepare the field for the game. Manager McLemore said they can't find any evidence ofthis and in fact the written evidence suggests that that in case was not the fact The schedule (provided to the City by the League Officials) provides that no game was scheduled at Central Winds Park on that date. The schedule provided to the Parks Dept. states there is no game scheduled there until next Sunday. Manager McLemore said that he thinks that Mr. Reedy was misinformed on the date the game was suppose to be played. Manger McLemore said that Staff (because of a similar situation that happened last week) went out of their way this Friday to FAX to the League Scheduler a copy of the schedule that they sent us on Wednesday, asking them to verify the schedule and make sure there were no "slip ups" or problems, because as a result of what happened last week, the Parks Dept. explained to the people that the Parks Dept. has to have advanced notice to prepare the fields and make sure there is not a scheduling conflict with another team and to provide a proper level of supervision from the City's Staff. Manager McLemore said the City of Winter Springs probably has the best facility in the metropolitan area, and maybe the State; it is that way because we manage it and supervise it and don't let just go to whoever wants to be on it at any point in time. Manager McLemore said he feels what has happened is that the fiustration has built up on our Staff and on their part because we have not been able to find an adequate solution to a coordination problem between the District, and the League and the City's Staff The City Staff leans on the League to determine from their own working with their District as to when they want to play on our fields. In the schedule (that the District sent to the Parks Dept.) there is games scheduled when the Parks Dept. has other teams playing and that is stated knowing that we had already previously sent them information telling them what days were already scheduled. Manager McLemore said he is somewhat taken aback by the information that has been presented to the Commission tonight when the previous problem was that City was at fault because the City didn't schedule the field. Manager McLemore said the City is not at fault for not scheduling the field, the Parks Dept. never received a request for the field this past Sunday and that is the reason that the problem has arisen. Manger McLemore said there is a problem in the communications in the way we are trying to do the scheduling and that is not Mr. Reedy's fault, (he doesn't feel) it's the League's fault, or doesn't feel it's the Districts fault, but whatever we have to do to fix the scheduling problem, we need to work closer together and try to do that. Manager McLemore stated that we have to get to the route cause of why are we not able to get proper coordination between the District,( who actually does the scheduling) and the League who affirms the schedule and the City (who has to provide the field to accommodate the schedule). To come here and say "we are here and are going on the field" is not an acceptable situation. The reason the Police were called was because the Staff asked the teams to leave the field and they refused and said they would not leave; in that situation the parks employees needed to make a decision. Manager McLemore stated that the parks have Re2.ular Meetin2. City Commission Seotember 23. 1996 95-96-25 Pa2.e 3 conceded to them numerous times when there were scheduling problems. Discussion. Manager McLemore stated that ifthis game was scheduled the way it was ,suppose to be scheduled, we would not have had summer part-time employees there, we would have had full-time staff there and this would never had occurred. Manager McLemore said under these situations, there is no excuse for City employees part-time or other wise, treating the public irrespectively but to impose a policy, even thought the public may not like the policy is something you have to do sometimes. Manager McLemore said he will apologize for any of our staff that was confrontational or disrespectful to the public; but this is not the first time this situation has happened regarding the scheduling. Commissioner McLeod asked if anyone signs off on the schedule and asked if the Park Manager has a beeper and said the Manager should have gone to the Park to take care of the problem and not let the part-time employees handle the situation. Don Wilson, Parks and Recreation Director, said he has the schedule from the District that is sent to Winter Springs Little League and they in turn FAXED it to the Parks office on 9-18-96, and it had no game scheduled on 9-22-96, the first game for the 16 year and above is scheduled for Central Winds Park on 9-29-96. Mr. Wilson said after receiving the schedule by the League's scheduler, Mr. Lenny Smith, we FAXED him back and told him we had mens baseball scheduled until 3:00 p.m. on Sundays, that we would have to adjust the schedule to accommodate them. Mr. Wilson stated that he FAXED to Mr. Smith, on Friday, the park's schedule for the weekend so is there were any problems, they could get back with us and we didn't get any response. Commissioner McLeod asked about a schedule posted on a board at the Park for the Leagues. Mr. Wilson stated that there is a board with the schedules posted at the Park. Commissioner McLeod said that the City Manager should talk to the Park employees that may have had some misconduct and get to the bottom of that and asked the Manager to do that and report back to the Commission at the next meeting. Mr. Wilson stated there has been no misconduct whatsoever with the exception of one "smart" remark to Mr. Reedy by an employee, that was not done in a hostile voice which the employee admitted. Mr. Wilson said he doesn't think there has been any misconduct by any employee and said he wants to make that palt of the record, Mr. Wilson also stated that he talked to RT Hillery on Friday afternoon, that if there was a situation like this what would our posture be on it and I told Mr. Hillery that if they got a call over the weekend on this we would have to call the Police. The same situation happened last Sunday and we told them to go ahead and play. Mr. Wilson said if the same situation happened again he would make the same decision, the reason being is' that it is an inter-league game and we know Mr. Reedy's team has insurance, but said that he doesn't know if the out oftown teams have insurance and would not let them play and if someone gets hurt they would come after the City. Ms. Linda Endsley, 424 Hawthorn Circle N., also spoke about the situation on Sunday and said there was misconduct on the part of the employees. Commissioner Gennell asked if it was standard operating procedure to call the Police to remove someone from the field is the field is vacant and a group does a "pick up" baseball game; would the Re2ular Meetin2 City Commission September 23. 1996 95-96-25 Pa2e 4 staff then go out and tell them to get off the field or they would call the police because they were trespassing. Mr. Wilson said the staff would approach the people on the field that are not scheduled there and explain them why we don't have practice on the fields; as the Commission passed a Resolution in 1992, that there would be no practice or free play on the fields, only scheduled league play. Mr. Wilson said what the staff does is invite the group to visit one of the practice facilities or to go to the passive area or the amphitheater and practice there. Mr. Wilson this was a situation that was an inter-city game and that is why the Police were called. Discussion. Commissioner Gennell stated that she has concern as to where the situation was going. Commissioner Conniff stated that he doesn't feel that this belongs in front of the Commission and said he feels Mr. Reedy needs to get with Mr. Wilson and the City Manager; it is our City Manager's responsibility to take care of this, the Commission obviously has concern for this. Mayor Bush said Mr. Reedy has brought up points that he hopes Mr. Wilson and the City Manager will look into and Mayor Bush said he understands that RT was not there and didn't speak with Mr. Reedy but said he understands that the employees in question are three part-time employees, who were put in a difficult situation and said the employees should have just called the supervisor and ask the supervisor to come to the park. Mayor Bush said that Mr. Reedy has stated that there are scheduling problems but said he thinks the employees need to use good judgement in dealing with citizens, especially when they are upset and at times they need to get their supervisor in. CONSENT AGENDA General Services Department A. Request the Commission consider contracting with an Employee Benefits Consultant to implement a Section 125 "Premium Only Plan". PURPOSE: to allow the Commission to decide: 1) Whether to implement a Section 125 Premium Only Plan; 2) if so, select a consultant to implement the plan. General Services Department B. Request the Commission amend the existing contract with Ominicom, Inc., for the amount of $2,890.00 to develop and "audio-video system" for the Commission Chambers. PURPOSE: to allow the Commission to decide how it wants to proceed with the development of an audio-video system for the Commission Chambers. City Manager C. Commerce & Industry Board endorsing Winter Springs Rotary Club's request to increase the City's Annual contribution to the Winter Springs Arts Festival from $1,500 to $2,500 for the 7th Annual Winter Springs Arts Festival to help pay for television advertising. PURPOSE: to request the City Commission to increase its donation to the 7th Annual Winter Springs Arts Festival to be held on December 7th and 8th, 1996 from $1,500 to $2,500 to pay for television advertising that will dramatically increase Rotary's earnings and donations back to the commu'nity. Retmlar Meetin2 Citv Commission Seotember 23. 1996 95-96-25 Pa2e 5 City Manager D. City Manger recommending the Commission consider entering into an agreement with the University of Central Florida to provide services related to the selection of the Winter Springs Police Chief, authorizing the City Manger to name a Police Chief Selection Committee made up of 5-10 citizens from the community and authorizes the City Manger to spend up to $7,500 to complete the selection process. PURPOSE: to provide the City Manager with professional assistance related to the selection of the Winter Springs Police Chief offered through the Institute of Government at the University of Central Florida and to carry,out the selection process. Land Management Department E. Request Commission approval for the Mayor to execute a modification of an existing sanitary sewer easement agreement between the City of Winter Springs and Florida Country Clubs, Inc., which will effectively relocate an existing sanitary sewer easement on that property platted as Arrowhead at Tuscawilla Unit 1 (plat Book 50, Pages 42-50). PURPOSE: to allow the Mayor to execute a modification of an existing sanitary sewer agreement between the City of Winter Springs and Florida Country Clubs, Inc., which will effectively relocate an existing sanitary sewer easement on that property platted as Arrowhead at Tuscawilla Unit 1. This property is located north of Northern Way and east of Fairway Oaks Subdivision. General Services Department F. Requests that Commission 1) appoint Dr. Jock Sneddon of Florida Hospital Corporate Services as an MRO for Florida Statutes 440.101 and 102 dmg testing for the City; 2) hire D.O.T. Stop and Centra Care Medical Center, divisions of Florida Hospital to perform drug/alcohol tests according to Florida Statutes 440.101 and 102. PURPOSE: to allow the City Commission to I) Appoint Dr. Jock Sneddon of Florida Hospital Corporate Services and MRO for drug testing for the City; 2) hire D.O.T. Stop and Centra Care Medical Center, Divisions of Florida Hospital to perform drug/alcohol tests according to Florida Statutes 440.10 I and 102. ACTION: lVlotion was made by Commissioner Gennell to approve the Consent Agenda. Seconded by Commissioncl' Conniff. Discussion. Commissioner Langellotti asked the City Manager ifhe was going to get a consultant or get firms to turn in a bid to suggest a price as a consultant for the Health Plan. Manager McLemore said that is a small number and we are not required to go out on bid; we called around and found one company in this area and one company in Miami. Manager McLemore said that was the cheapest price of the two companies. Commissioner McLeod mentioned that some of the Consent Items, have recommendations that have more than,one potential recommendation; when the Commission approves them, are we approving the maximum recommendation. Commissioner McLeod stated that on Item A, there is two issues with a recommendation and on that item, he thinks the Commission is saying is to do it and go out and get the consultant to lead you through it. Manager McLemore said in his reading of the item, he understood that we are asking the Commission to approve the two steps and the two steps together Reeular Meetine City Commission September 23.1996 95-96-25 Paee 6 is $1,400. After the company does the initial workup, they then have to come in and do a review the following year. Commissioner McLeod said the issues are two things, one is does the Commission want to provide the 125 Premium only Plan as an employee benefit, reducing the employee's premium; two is does the Commission want to make the Premium Only Plan mandatory or voluntary; that is one way or the other is a decision by the Commission. Commissioner McLeod said what he. is trying to point out is if the Commission was to vote on this now and say yes; does that mean mandatory or voluntary. Discussion. John Ketteringham, General Services Director, stated in this case, he would like it to be voluntary because there are certain employees who have expressed reservations about it and they have asked that it be voluntary. Manager McLemore said in his review of the Item, he reviewed it as mandatory. Discussion. Mayor Bush said this would be mandatory. Manager McLemore said this will be a subject of collective bargaining, and said he is sure they will take it because it will save them money, but we will have to go through collective bargaining. Commissioner McLeod said in Item B, in the proposal, that was outlined of what they outlined to do for the City, seemed to have a lot of things that we didn't talk about having and asked if there is a reason that we are going to get that deep into it. Commissioner McLeod said he thinks the original motion by the Commission was to have a way to have visuals shown to the Commission, be where the audience can view the visuals at the same time. Commissioner McLeod said looking through this item, there are about 12 items that are being researched and it has gotten complicated even to supporting in the ceiling for structural weight and asked Mr. Ketteringham ifhe. is going beyond what the Commission asked for. Mr. Ketteringham said this item, he is asking the Commission to approve $2,890.00 for the design of the system, he is not asking the Commission to approve the old plan as it was proposed. Commissioner McLeod said the proposal says "projected scope"; Commissioner McLeod said the projected scope is the scope upon which the consultant is going to do the work around and if that is the case, it looks like a lot of items in the scope that are greater perhaps, then what this Commission originally asked for to improve the visual of the Chambers. Discussion. Mr. Ketteringham said he understood the direction of the Commission at that time was to design a rudimentary system to begin with, with the capability of building on to the system at some future point and that is the direction of this Item. Discussion. Commissioner Langellotti asked about Item C and asked if someone from the Rotary can tell him what they (Rotary) does for the residents of Winter Springs. Mr. Gregory Hess, President of the Winter Springs Rotary for 1996-97, explained to Commissioner Langellotti what the Rotary does in the City. Manager McLemore stated that basically the Commission has taken the position that it doesn't appropriate money to separate charitable organizations and this is a way in which the Commission can do something that will help fund those organizations by giving them the ability to make money and then that money comes back to those organizations. Commissioner McLeod said that the important thing to look at is the Rotary will be getting about $15,000 worth of advertisement toward the Winter Springs Art Festival, which is advertising this City. Ree:ular Meetine: City Commission September 23. 1996 95-96-25 Pal!:c 7 Discussion. Mayor Bush mentioned that the C.I.D.B. unanimous approved recommendation of this to the Commission. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. INFORMATIONAL AGENDA Parks and Recreation Department A. Request the COnurUssion review the food and drink. concession pricing survey and the "Proposed Price Changes" for the Central Winds Park concession stand for information purposes. PURPOSE: the purpose in adjusting food and drink prices is to realign the Central Winds Park concession prices with the surrounding market fees which are charged at neighboring parks and thereby positioning the concession operation in a more favorable revenue posture. ACTION: Discussion on this item. Motion was made by Commissioner Conniff to approved the Infonnational Agenda. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush called for a recess at 8:50 p.m. Mayor Bush reconvened the meeting at 8:58 p.m. REGULAR AGENDA Mayor Bush announced that the Commission will hear Item L of the Regular Agenda first. Land Management Department L. Request Commission to hear Architects Design Group presentation of the color scheme for the Public Safety Complex and provide direction appropriately. PURPOSE: to present to the commission proposed color schemes for the Public Safety Complex as discussed at the Commission Meeting of September 9. 1996: Ian Reeves, Architects Design Group, presented the Commission two color schemes in earth tones. )1 I Manager McLemore recommended the first color scheme, reversing the colors and using a little darker brown than shown. Motion was made by Commissioner Langellotti to approve the Manager's recommendation of the first color scheme shown (reversing the colors shown). Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. City Manager A. Request Commission hold a Public Hearing relative to the second reading and approval of ordinance No.624 relative to the adoption of Final budget for Fiscal year 1996-1997. PURPOSE: to have the Commission adopt Ordinance No.624 and approval of the Final Budget for Fiscal year 1997: - Reeular Meetine City Commission September 23. 1996 95-96-25 Paee 8 Harry Martin, Finance Director, mentioned a couple changes in the Budget. Mr. Martin stated that they have removed from the General Fund revenues and Fire Department expenditures, those monies applying towards the medical transport service and made a special revenue out of that. Another change was that $7,500 was added to the Police Department's budget for the Police Chiefs selection. Mr. Martin stated that those were the only changes from the tentative budget and this budget. Motion was made by Commissioner Langellotti to read Ordinance No.624 for second reading by title. Seconded by Commissioner Conniff. Discussion on Emergency Transport collectibles. Commissioner McLeod asked the City Manager to give the Commission an account of the uncollected monies from the emergency transport service and an approach to get the uncollected amount. Vote: Commissioner Conniff aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Ordinance No. 624 by title only. Mayor Bush opened the Public Hearing. Mayor Bush asked if there was any member of the public who which to speak on the Ordinance. There was no member of the public who wished to speak. Mayor Bush closed the public hearing. Motion was made by Commissioner Conniff to adopt Ordinance 624 establishing the Fiscal I Year 1996-1997 Budget. Seconded by Commissioner Langellotti. Discussion. Vote: ! Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; i Commissioner Conniff: aye. Motion passes. I . "Motion was made by Commissioner Gennell to .'eadopt Resolution No. 796 and to read by title ./"{'J.. \ r. \nly. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; \' \'-( ~'ommissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Resolution No. 796 by title only. Mayor Bush announced that the Fiscal Year Budget 1996-1997 will become effective October 1, 1996. I Fire Department B. Request Commission approval of the First Reading of Ordinance No. 628 which will amend Section 9-157 of the Code of Ordinances, inserting language to provide for access standards into gated communities for public safety purposes. PURPOSE: to authorize Ordinance No. 628 implementing the policy that was approved at the Regular meeting of the City Commission on August 12. 1996: Motion was made by Commissioner Conniff to approve the first reading of Ord. No. 628 and to read by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: Ree:ular Meetine: City Commission September 23. 1996 95-96-25 Pae:e 9 aye. Motion passes.' Attorney Krup'penbacher read Ord. No. 628 by title only. Community Development Division C. Request Commission to approve the first reading of Ordinance to rezone the Leffler property from (R-U) Rural Urban to (PUD) Planned Unit Development. PURPOSE: to request the Commission to approve the first reading of an ordinance to rezone the Leffler Property from (R-U) Rural Urban to (PUD) Planned Unit Development consistent with the property owner's request for redesignation of the property form Commercial to ~xed Use on the Future Land Use Map: Tom Grimms, Community Development Coordinator, gave his presentation. Motion was made by Commissioner Langellotti to approve the first reading of Ord. 629 and to read by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 629 by title only. Community Development Division D. Request Commission to approve the first reading of an Ordinance to rezone the Morrison property from (R-U) Rural Urban to (PUD) Planned Unit Development. PURPOSE: to request Commission approve the first reading of an Ordinance to rezone the Morrison property from (R-U) Rural Urban to (PUD) Planned Unit Development consistent with the property owner's request for redesignation of the property from Commercial to Mixed Use on the Future Land Use Map: Mr. Grimms gave his presentation. Motion was made by Commissioner Conniff to approve the first reading of Ordinance No. 630 and to read by title only. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod stated that the motion includes the front portion of the parcel approx. 264 feet by 200 feet deep will be commercial and the balance will be residential and a wall will be required between ( commercial and residential and S.R. 434 right-of-way. Mr. Grimms stated that is correct, that is pc of the Staff recommendation to the Commission. Vote: Commissioner Conniff: aye; Commission Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Ord. No. 630 by title only. Community Development Division E. Request Commission to hold the second of two Public Hearings, to review and approve a Development Agreement governing the development of the Lefller property, if redesignated by the Commission from Commercial to Mixed Use on the Future Land Use Map. PURPOSE: to request the Commission to hold a second Public Hearing relative to the approval of a Development Agreement governing the development of the Lefller property, if redesignated by the Commission from Commercial to Mixed Use on the Future Land Use Map: Mr. Grimms gave his presentation. Mayor Bush opened the Public Hearing. There was no one present who wished to speak. Mayor Bush closed the Public Hearing. Re2.ular Meetin2. City Commission September 23. 1996 95-96-25 Pa2.e 10 Motion was made by Commissioner Conniff to approve the Development Agreement governing the development of the Lerner property. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod asked that in the future on these type of agreements when they come before the Commission that the agreements are signed off by the City Attorney so that the Commission knows the Attorney has read it and is in agreement with it. Vote: Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Community Development Division F. Request Commission to hold the second of two Public Hearings to review and approve a Development Agreement governing the development of the Morrison property, if redesignated by the Commission from Commercial to Mixed Use on the Future Land Use Map. PURPOSE: to request the Commission hold a second Public Hearing relative to the approval of a Development Agreement governing the development of the Morrison property, if redesignated by the Commission from Commercial to Mixed Use on the Future Land Use Map: Mr. Grimms gave his presentation. Mayor Bush opened the Public Hearing. There was no one present who wished to speak. Mayor Bush closed the Public Hearing. Motion was made by Commissioner McLeod to approve the Development Agreement governing the development of the Morrison property as recommended by Staff. Discussion. V ote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye. Motion passes. Utility Department 1. Requesting authorization to execute an lnterlocal Utility Construction Agreement with Seminole County. PURPOSE: to request authorization to execute an Interlocal Utility Construction Agreement with Seminole County for the installation of water mains, reclaimed water mains, landscaping and irrigation during the construction of Tuskawilla Road Phases III and IV: Kip LockcutT, Public Works/Utility Director, gave his presentation. Mr. Lockcuff stated what is before the Commission is an Interlocal Agreement with Seminole County for the utility construction ofTuskawilla Road Phases III and IV; also included in the agreement are some clarifications of the issues relating to landscaping, and irrigation improvements that have been discussed for several years. Mr. Lockcuff said the Utility Engineer for the County estimates the utility portion of the work to be approx. $225,000 and probably will be funded in 1997. Mr. Lockcuffsaid he has $150,000 in next year's budget and stated that at this point in time he estimates that he will not need any of that money due to the delays in Phase II and subsequent delays in Phases III and IV. (Commissioner McLeod said for clarification that the $150,00 won't be spend in the upcoming year but in the following year. Mr. Lockcuffstated yes) Mr. Lockcuffsaid in the agreement it is stated that the County will receive free reclaimed water for Tuskawilla Road; preputial maintenance by the City from Station 209 (which is generally the median cut for the Church of the New Covenant) north to State Road 434. Also Re!!ular Meetin!! City Commission Seotember 23.1996 95-96-25 Pa!!e 11 included is the memorialization of the fact that the City will be responsible for paying any portion of the costs that exceed 3% of the roadway pay items for landscaping and irrigation; based on the engineer's estimate it is calculated for that to be about $133,000 and our recommendation is to pay for that out of the City's portion of the one cent sales tax. Mr. Lockcuff stated that the City has available about one million eight available from the fund due to the deletion of the Tuscawilla By- pass. Commissioner McLeod asked about the'3%. Mr. Lockcuffstated that the 3% is the City's portion of the one cent sales program. Commissioner McLeod said that is only going to come to the City provided there is no overruns on the building of the road, Mr, Lockcuff stated that he wasn't aware of that. Commissioner McLeod said his understanding is that the 3% only takes effect if the County stays within their budget, if they go over their budget in the building of the road then the City looses the 3%. Mr. Lockcuff stated that is not stipulated in the agreement Discussion. Attorney Kruppenbacher stated that Section 7 of the agreement in regards to liability, needs to be modified. Discussion. Motion was made by Commissioner Conniff to table this item until the City Manager and City Attorney get the agreement "ironed out". Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes, Parks and Recreation Department 1. Requests Commission review the proposed parks and Recreation Brochure draft for consideration of approval as to form and content prior to printing. PURPOSE: the purpose in submitting the brochure draft in proof form to the Commission is to receive comment and approval on the draft tOffilat and content prior to the final correction phase and the product being forwarded to the printer for production: Mr. Wilson gave his presentation. Mr. Wilson said some of the changes to the draft that are recommending is the brown strip be taken off the front cover and the picture be clarified. Also for the Commission's information the final brochure will be slick copy. There are spelling corrections that need to be made also. Mr. Wilson said he would like to get the Commission's comments on the general format and layout and recommendations. Mayor Bush commented that Central Winds Park is the "premier" park in the City and said that maybe that park should be higWighted more (bigger picture) etc. Mayor Bush also mentioned that he didn't like the maps. Commissioner Gennell suggested asked if a picture of the Senior Center could be put in. Commissioner Conniff suggested having a picture of Lake Jesup, It was the consensus of the Commission to make whatever changes necessary to upgrade the Re2ular Meetin2 City Commission September 23. 1996 95-96-25 Pa2e 12 brochure and if more money is needed, bring it back to the Commission. Community Development Division K. Updating Commission on the preparation of Design Guidelines for the Redevelopment Area of the State Road 434 Corridor Visioning Project. PURPOSE: to give a progress report on the preparation of the Design Guidelines for the Redevelopment Area of the State Road 434 Corridor Visioning Proiect: Mr. Grimms gave his presentation. Mr. Grimms stated that they are now in the process of developing the design regulations for the redevelopment area and a re-enhancement program for the redevelopment area which is from the intersection of 419 and 434 to the City limits before hwy. 17/92. Mr. Grimms stated that the City will make this proposal to F.D.O.T. for this coming year for inclusion into the five year work program. Mr. Grimms also mentioned that the Town Center regulations will go before the Planning and Zoning Board on October 2, 1996. Mr. Grimms said there will be a committee established for the development of the regulations in the redevelopment area. Discussion. Parks and Recreation Department M. Requests Commission review and consider for approval Phase I of a two Phase computer/software purchase program which will provide specified hardware and software for vastly improving the financial management of the concession operations, inventories and revenue control. PURPOSE: to gain Commission authority to expedite the purchase of Phase I ofa data processing enhancement program from the Fiscal Year 1996 computer reserve fund to improve the financial management of Parks and Recreation concession operations, inventories and revenues as mandated by the Finance Department: Mr. Wilson gave his presentation. Motion was made by Commissioner Conniff to approve the recommendation by Staff. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Langellotti: aye. Motion passes. City Manager N. City Manager updating the Commission on the Rails to Trails Program. PURPOSE: to update theComrnission on the Seminole County Rails to Trails Program and a recent site visit to the West Orange County Trail that is nearing completion in Orange County: Manager McLemore gave the Mayor and Commission a brochure of the Seminole County Greenway Reeular Meetine City Commission September 23. 1996 95-96-25 Paee 13 and Trails BikewayS Master Plan. Manager McLemore also gave a presentation of his site visit to the West Orange County Trail. Manager McLemore suggested that the Commission and the Rails to Trails Task Force Committee take the West Orange County Trail tour and Manager McLemore stated that there are tours on Saturday. O. City Attorney - Frank Kruppenbacher: No Report. P. City Manager - Ronald W. McLemore: Manager McLemore gave the Commission a report on telecommunication towers. Commissioner GenneU mentioned that at the next CALNO Meeting, being held at the City of Oviedo on October 2, 1996, at 7:00 p.m., there will be people there to discuss the possibility of some so11 of Inter local agreement (if such a thing is possible) to somehow map it out and bring the companies to sort oflimit it in a way that is acceptable to the Cities before it goes "crazy". Discussion on the Manager's report. Attorney Kruppenbacher said the only thing that he thinks legally is critical for the Commission to give guidance 'on tonight is to authorize the City Manager globally to begin preparing an ordinance for the Commission's consideration, dealing with the towers. Motion was made by Commissioner McLeod that the City Staff prepare a tower and location ordinance using the Orange County Ordinance for review and to bring this back to the Commission within thirty days and also to prepare a standard tower lease agreement for review by the Commission within thirty days. Second by Commissioner Gennell. Discussion. Vote: Commissioner Conniff aye; Commissioner Langellotti: declared a conflict and abstained from voting; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Discussion on the term of the lease agreement. R. Commission Seat III - John Langellotti: Commissioner Langellotti appointed Mr. Keith Coker, 1205 Winter Springs Boulevard to the Trails Bikeways Task Force, and stated that the will have his other appointment for the next meeting. Commissioner Langellotti asked the City Attorney about the lawsuit with the Rouse Company and Waterford project. Attorney Kruppenbacher said that matter is closed. S. Commission Seat IV - Cindy Gennell: Commissioner Gennell appointed Ms. Kim Doran, 221 Charles Street; and Ann Russell, 165 W.S.R. 434, to the Trails Bikeways Task Force. Regular Meeting City Commission Seotember 23.1996 95-96-25 Page 14 Commissioner Gennell mentioned that at the Florida League of Cities Convention, there was talk about telecommunication franchises and asked the City Manager to bring back the pro's and con's of a telecommunication franchise ordinance. T. Commission Seat V - David McLeod: Commissioner McLeod asked about Code Enforcement Ordinance comparisons. Manager McLemore stated that the Commission will be getting those next month. Motion was made by Commissioner Conniff to extent the meeting past 11:00 p.m. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Commissioner McLeod asked the City Manager to have the Public WorkslUtility Director to inform the Starlight Baptist Church about the paving on Hayes Road. Commissioner McLeod also asked if the trees were re':tagged along Hayes Road. Manager McLemore stated that he and Staff met with the consulting engineers regarding developing three models for rural type road construction and stated that they are ready to send out notices to the public to have a workshop with the Commission regarding the rural type roads; which will be in October. Commissioner Langellotti left 11 :05 p.m. Commissioner McLeod said the Commission has received a copy of salaries regarding City Manager and stated in the City's agreement with the City Manager it refers that each November or by November we will reevaluate the City Manager (and said the Commission hasn't done that), when this was brought up in the Budget meetings the City Manager asked that we look at this. Commissioner McLeod said October 1 is approaching quickly and said he doesn't think the Commission has done much about this and said he does propose that in the next six months he hopes that the Commission puts together a way to merit the Manager or a time frame that the Commission sits and talks with the Manager and said that needs to be discussed by the Commission. Commissioner McLeod said what has been put together is a survey of surrounding Cities; using eight Cities fairly close to Winter Springs: Altamonte Springs, Kissimmee, Sanford, Winter Park, Casselberry, Ocoee, Apopka and Oviedo were the eight cities that were looked at for averaging to find out where the City Managers in those Cities averaged out. The reason this was looked at from an averaging standpoint was from when we did the Cody study, the Cody study was based on area averaging and we elected to try to bring our employees in line of the City averages of the surrounding towns; so that we stop loosing employees to the surrounding areas. (So Winter Springs is at least average if not better) Commissioner McLeod said the survey also looked at six surrounding towns by population and said some of these Titusville, St. Cloud, Leesburg, Eustis, Longwood and Maitland were so much less than Winter Springs that it didn't really favor for us to look at those. Commissioner McLeod said he is looking at the average of the surround eight Cities shows that the City Managers base salary is basically and $82,624 base salary. That is pretty much in line with Reeular Meetine City Commission September 23.1996 95-96-25 Paee 15 Winter Park, wehaye roughly 26,000 people in Winter Springs, and Winter Park has 24,000 and Winter Park salary is $82,000 (which falls on that average) Casselberry is also at 24,000 and the salary is 69,400+ S() there are differences of opinions of where the Managers fall within these Cities. However, when you look at the benefits, retirement and deferred compo etc., you see that they change drastically. Commissioner McLeod said what he is proposing and putting out for discussion, if the rest of the Commission feels that this is something that should go forward this evening or this should be put on as an agenda item for the next meeting. Mayor Bush stated that Commissioner Langellotti had eye surgery today and is suffering some after effects from that (and stayed as long as he could) and that is why he had to leave. Commissioner Conniff said he agrees with Commissioner McLeod and said he feels that the Commission can work on this tonight, what Commissioner McLeod didn't mention is that a City of 18,000 - Oviedo, their Manager gets paid $92,000 and said that Oviedo's City Manager also gets $100,000 life insurance policy where our's gets a $10,000 life insurance policy and said he thinks there's some discrepancies that can be addressed tonight and possibly back dated a little if we take our City Manager up to the average in the area of $82,624 and then go ahead with the normal evaluation. Commissioner Conniff said Mr. McLemore has been patient and he is definitely professional and things have been moving along very well at this time. Motion was made by Commissioner Conniff that the Commission goes ahead and make the City Manager's salary $82,624 which is the average of the eight Cities done in the survey and that the Commission makes that retroactive from his six month time. Seconded by Commissioner Genllell. Discussion. Mayor Bush stated that he is certainly a supporter of Mr. McLemore and said he thinks Mr. McLemore has done an outstanding job and certainly the recommendation and motion is within line, however, on a thing such as the salary of the Manager he is a little leery wilen we don't have the full Commission sitting here for discussion and said he would like to bring that to the Commission's attention to think about. Mayor Bush said we voted 5-0 to hire Mr. McLemore and hopefully all five still feel very strongly that what you three have done here is right and said he agrees also. Commissioner McLeod said that is a very good point seeing as Mr. Langellotti had to leave. Commissioner McLeod said what he hears from the motion is that it is basically talking about salary right now and any of the other benefits stay as they are until we get to the one year point. Commissioner Conniff said that is correct, because that was the time we were going to open for discussion anyway. Vote: Commissioner Gelmell: aye; Commissioner McLeod: aye; Conmlissioner Conniff: aye. Motion passes. Attorney Kruppenbacher stated that motion is subject to his making sure with the Manager that it is appropriate and legal. Manager McLemore thanked the Commission for their consideration and vote of confidence. Manager McLemore said the Commission set out certain goals for him to try to achieve and stated that he believes that the Commission would agree the City has moved a long way in this direction; one goal was moving toward automation - automate the process of government so that we can Regular Meetin~ City Commission September 23. 1996 95-96-25 Page 16 increase efficiency; we've adopted through our budget a five year automation plan, we are moving very rapidly in undertaking that and putting that in place. Manager McLemore said one of the major charges was to try and improve the retirement system and said we have put that in place and have done that. The Commission was interested in improving the flow of information, particularly the information to the Commission to give the Commission better information to make decision with; Manager McLemore said it is not where he wants it to be but said he thinks the Commission will agree it is a lot better than what the Commission has had in the past. Manager McLemore said the Commission also asked to be presented with alternatives and said he has tried in these various decisions that the Commission is confronted with and the Commission to layout alternatives for you and the alternatives appear to be appropriate. Manager McLemore said the Commission asked that he get involved with the community and said he has done that and said he thinks-it is putting a lot of work on him but he is enjoying it and said he has not done everything that he would like to do but will do more in the upcoming year. Manager McLemore said the other thing the Commission asked that he open government up and said he has really tried to open up decision making and at the Staff level and to interact more with the community and make sure there is not a air of secrecy about the City and said he believes that the Staffwill tell the Commission (even though they don't agree with him on everything) everyone is able to say what they want to say and put it on the table and get their view points considered and said he thinks the Commission will hear back from most people that they are comfortable at least with what we are trying to do in terms of right style for City government. Manager McLemore said the Commission asked for a fiscal responsibility and said he gave the Commission a budget this year with the largest fund balances the City has ever had and at the same time a very aggressive improvements program for the City's services. We improved the composition of the budget where it is more readable and has a lot more information and demonstrates to the Commission the fund equity positions, which was never shown before; Manager McLemore stated that the budget that the Commission sees next year will be several steps above what they have this year in terms of information. U. Commission Seat I - Larry Conniff: Commissioner Conniff said he has two appointments to the Rails to Trails Task Force and said he will give those names to the City Clerk. Vo Mayor's Office - John F. Bush: Mayor Bush said he had a call from a citizen regarding a possible child abduction on Trotwood and asked about that. Captain Pieper said it has not been brought to his attention but will get back with the Mayor on that. Mayor Bush also mentioned the letter from Starlight Baptist Church regarding the paving of the Ranchlands and said he would like to make sure to get the word out when those meeting occur. The meeting adjourned at 11: 15 p.m. Respectfully Submitted, APPROVED: =-k- ~.~ Margo ~Hopkins, lty Clerk