Loading...
HomeMy WebLinkAbout1998 04 13 Other Item 3 Date: 04131998 The following Minutes for Special Meeting 03301998 'were approved during the 04/13/98 Regular City Commission Meeting for this date. SPECIAL MEETING CITY COMMISSION MARCH 30, 1998 The Special Meeting of March 30, 1998, was called to order by Mayor Paul P. Partyka at 6:35 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gelmell, present City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, absent Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present II. Special Meeting A. City Attorney's report regarding the investigation of Section 4.09 of the City Charter as it relates to Ordinance 585: Discussion on having Public Input on this subject. It was determined that the Commission would hear from the public after the Commission hears the Attorneys report and after the Commission takes a vote on the issue. Commissioner Gennell a~;ked if she could bring up an issue before the Attorney's report. Commissioner Gennell said this is an issue involving Garage Sales and stated that Homeowner Associations generally have a neighborhood Garage Sale and go through the process, the homeowners involved sign up and a permit (one permit) is issued. Recently, something has come up where there is a minor discrepancy between what is practiced in the single family communities and what's actually applicable under the City's Manufactured Home zoning regulations, which restricts or prohibits any of that kind of activity. Commissioner Gennell said the two Manufactured Home Communities the City has, have been having these, they want to have one next week-end and asked the Commission to set it aside for this one and then the Commission can revisit to fix the zoning category. Motion was made by Commissioner Gennell to place the discussion of Garage Sale process in Manufactured Home Communities. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Gennell that the Commission suspend the applicable restriction against that type of activity in a Manufactured Home Community for Tuscawilla Trails Mobile Home Park so they can have their Garage Sale next week-end and then the Commission will come back later and readdress that zoning category. Seconded by Commissioner Blake. D:iscussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: Special Meetin2 and Workshop City Commission March 30.1998 97-98-26 Pa2e 2 aye; Commissioner McJLeod: aye; Commissioner Blake: aye. Motion passes. Mayor Partyka stated that this Special Meeting is being conducted to get the Attorney's report regarding the investigation of Section 4.09 of the City Charter as it relates to Ordinance 585. Attorney Guthrie gave his report. Attorney Guthrie stated that this issue exemplifies why it's been helpful to have this firm do the work, Mr. Kruppenbacher brings a historical perspective and said he brings a background that analyzes things from a different, independent way, without looking at necessarily being tied to the history of the Ordinance. Attorney Guthrie stated that he and Mr. Kruppenbacher have both looked at this an came up with similar conclusions and they definitely concluded on one issue, with regard to the wording of the Ordinance that it does not apply to the Mayor. Attorney Guthrie said his conclusion reached was that the Mayor wasn't named in Ordinance 585 and that 1he sanction of loss of public office is pretty strident, pretty strict, pretty serious, and so he thinks a Court would construe that Ordinance very strictly. Attorney Guthrie said similarly, Mr. Kruppenbacher was the author of the Ordinance, was here when it was adopted, and said they both reviewed tine minutes and noted how the provisions relating to elected officials were inserted somewhat late in the process, and said that was the way they concluded, that the Ordinance would not apply in this particular instance. In addition, they felt it wouldn't have been a self executing automatic Ordinance, there would have been the need to go through certain procedural steps and said there isn't a need to go through that stage if there is a consensus with the conclusion that the Commission reaches. Mayor Partyka stated then again, Ordinance 585, (to be clear) does not apply as it pertains to the Mayor's office. Attorney Guthrie said it is their (Kruppenbacher and Guthrie) conclusion that the Mayor's office is not named, so it does not apply. Motion was made by Commissioner McLeod that the Commission accepts and agrees to the recommendation by thle City Attorney that this Ordinance does not apply to the Mayor. Seconded by Commissi(]lner Blake. Discussion. Commissioner Blake asked Attorney Guthrie if he looked into whether l:lr not this Ordinance should be in existence at all. Attorney Guthrie said he doesn't think that facially invalid, and said he thinks it could apply to certain offices. Commissioner Blake asked if there was a Constitutional question about someone being able to go to a Court for an opinion and wouldn't apply across the board to all of the entities that maybe listed in that Ordinance. Attorney Guthrie said there definitely is a provision in the State Constitution that talks about access to the Courts, it's the provision that the Supreme Court is relied on to identify privacy rights and that sort of thing regarding abortions and other issues, so there is that provision in the Constitution and it's pretty strict, so that's there and that would be the c:ountervailing balance against this Ordinance if it were challenged, however, this Commis!don might have the power to define when a Board member, an appointed person, lost their loss of office, it didn't really go into it in that great of depth as to Special Meetin2 and Workshop City Commission March 30.1998 97-98-26 Pa2e 3 them, the issue before tiS was an elected official, and didn't go any deeper, we could look at that if the Commission likes, but the Commission's right that the countervailing argument would be that people Wf:re deprived their rights under the State Constitution concerning access to Courts and that might throw the whole Ordinance into question. Attorney Guthrie said an elected official is such a high office, such a high Constitutional provision, said he didn't think the Ordinance could stand there; with a Board member, it's possible it could, and said he can't guarantee that and said. he didn't look into it very deeply. Commissioner McLeod said with going back and looking at the Ordinance himself, and rereading it and being involved with the writing of it at the tim1e, his total understanding of the Ordinance (585) is not against the Mayor nor against the City Commission, that's an elected official, it's more against appointed people that are appointed to City Boards, that if a Board member so elected to sue the City then it was in the best interest at the time that the Commission felt, if a person is going to suing the person they are supposedly up here representing on a Board, then that person is best off not to be on the Board, any longer, and said that was the intent of that Ordinance (585). Commissioner McLeod said he thinks the Ordinance has a place, and said he thinks that if somebody is on a Board and decides they want to sue the City, the intent of that was is they wanted to sue the City then they shouldn't be working for them because the Board members do get paid something from the City to represent the City, therefore, either step down or we (the Commission) will ask you to be removed from that Board, and said that was the intent. Commissioner McLeod said to Attorney Guthrie, that he should probably go back, (Guthrie and Kruppenbacher) with what the intent was of that Ordinance (585) and said it is not against elected officials, but primarily against appointed people; and said maybe the Ordinance needs to be rewritten in a different fashion and said he thinks the Attorneys need to look at that and come b~lck to the Commission and let the Commission know if we should keep it or get rid of it. Commissioner Martinez said he agrees with Commissioner McLeod that this Ordinance (585) has to be reviewed and rewritten or even make it disappear, and said something has to happen with it because he said he believes and said he is wholeheartedly in agreement with the fact that the "muzzling" of a citizen, a right to decent, at any given time, is a violation of the first amendment ofthe Constitution ofthe United States and even ifit "flies" in the lower Court, it would eventually be overturned in a higher Court, it would be a total waste of time and effort by all concerned and monies, and said he hopes that the Commission will follow along those Hines somewhere down the road. Vote: Commissioner Gennell: aye; Commissioner McLeod:: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Mayor Partyka asked the: Commission if they wanted to hear comments from the public. The Commission did not want to hear from the public. Attorney Guthrie gave the Commission a copy of a memo from Attorney Kruppenbacher and himself. Attorney Guthrie said he apologizes for not reviewing the memo with the Commission but as he stated that he and Mr. Kruppenbacher just met on this just before the meeting tonight. Attorney Guthrie read the memo into the record and said he and Mr. Kruppenbacher met Friday night and this evening before the meeting and said they have discussed this issue on several occasions and said he Special Meetin!! and Workshop City Commission March 30.1998 97-98-26 Pa!!e 4 would like to read the memorandum into the record (see attached). Attorney Guthrie stated that this was a decision that was finalized this evening and said there was not an opportunity to review it with the Commission. Attorney Guthrie said that he and Mr. Kruppenbacher thinks that this will take them out of this issue, and at the same time it will assure that the result (that he thinks is necessary) is achieved, in terms of the parties knowing where they stand and a successor City Attorney knowing basically the rules of the game when they come in. Attorney Guthrie said that is the reason that they (he and Kruppenbacher) have taken this action and again they think this will also affectively allow them to continue to apply independent and provide independent legal assistance to the City while this matter is pending because they are accentually out of this current controversy. Attorney Guthrie said he offers this for the record and for the Commissions information. Mayor Partyka asked for a clarification, stating the City Attorney has not resigned, that's pending the declaratory statement is that correct. Attorney Guthrie said correct, upon that they will have resigned, and said that they have always felt that they served at the pleasure of the majority of the City Commission and said if the City Commission finds it in the best interest of the City to go ahead and accept their resignation sooner, they accept that fate. Mayor Partyka said if he is clear, Attorney Guthrie is implying that we ought to get a declaratory statement from the Court at this time, based on this. Attorney Guthrie said he didn't think there was any choice and again said he thinks for the reasons he articulated, he tried to put the positive spin that if it' s going to be done, it would help for every body to know the situation. Attorney Guthrie said he doesn't embrace it, he aceepts it as a given. Commissioner Gennell said for clarification, this means that, assuming that the City Commission didn't vote to accept it any sooner, that at such time as a declaratory judgement is rendered, no matter which way it goes, that M:r. Guthrie and Mr. Kruppenbacher are in fact resigning. Attorney Guthrie said yes that is correct. Attorney Guthrie said they think it will take them out of this controversy and again through no question to the rulings from this seat, and that is what they are trying to achieve. Commissioner Martinez said he thinks in all fairness to all concerned, this Commission, the Mayor and the City of Winter Springs, he thinks we should advertise publicly for the hiring of an Attorney and let qualified Attorneys submit their resumes to the City and let us go through the proceedings that are required by the City Charter for the Mayor to appoint and the Commission to ratify the appointment of an Attorney and said that is in the form of a motion. Motion was made by Commissioner Martinez to advertise for a qualified City Attorney and qualifications to be detelrmined by the Commission. Motion dies for lack of a second. Commissioner Blake said prior to making the advertisement or beginning a search for a replacement Attorney, this Commission ought to have a discussion about that position and whether it ought to be contracted out or whether we ought to take care of it in house. Commissioner Blake said many Special Meetine: and Workshop City Commission March 30.1998 97-98-26 Pae:e 5 Cities do take care of it in house and said he has had discussions with the City Manager about that possibility and said he thinks there is significant work to be done in that area before the Commission makes that type of decision but said he thinks the Commission should look at that prior to starting a new relationship of the same sort of what we use to have. Commissioner McLeod ~:aid he (kind of) agrees with Commissioner Blake but said he needs to ask Attorney Guthrie a question. Commissioner McLeod asked if Attorney Guthrie is absolutely saying that Attorney Kruppenbacher is going to resign either way this goes, whether the Commission really cares to retain their services or not. Attorney Guthrie said that is Attorney Kruppenbacher' s current position, and said that is what they reviewed tonight and that is the consensus they reached. Commissioner McLeod said he would like to speak to both Attorney Kruppenbacher and Attorney Guthrie before the Commission pursues any other Attorneys and said as far as he is concerned Attorney Kruppenbacher and Attorney Guthrie are still employed by the Commission and if this comes out in the other fashion, he sees no reason that Attorneys Kruppenbacher and Guthrie would want to resign the position and said he is not sure the reasoning behind this and said he would like a little more information. Commissioner Gennell said she agrees with Commissioners Blake and McLeod and said most particularly with Commissioner Blake, and said she doesn't think you canjust "throw out" an R.F.P. for an Attorney and said she thinks we need to sit down as a Commission; this City has changed a lot in 16 years and our expectations as a Commission need to be defined so that when and how the interview process takes place; all those things need to be defined ahead of time, before we go out and run an add. Mayor Partyka said based on the comments, he thinks it is appropriate to have a workshop, to discuss all these various issues, and corne up with a mutual group decision on this. Commissioner Gennell asked if the Commission, at the next meeting, schedule a workshop to discuss this. Mayor Partyka said yes. The Special Meeting was adjourned at 7:05 p.m. Respectfully Submitted, APPROVED: Margo M. Hopkins, City Clerk PAUL P. PARTYKA, MAYOR Mayor Partyka mentioned that he just received a graphic for aT-Shirt for the Trails campaign which Special Meetin!!: and Workshop City Commission March 30.1998 97-98-26 Pa!!:e 6 was designed by children. Special Meeting and Workshop City Commission March 30.1998 97-98-26 Page 1 WORKSHOP (following Special Meeting) Utility and Finance Department A. Requesting a workshop to review the proposed rate and policy Ordinance: Manager McLemore introduced Rob Ori, President of Public Resources Management Group, a utility rate and consultant firm dealing with utility rates and financial issues. Mr. Ori gave his presentation. Mr. Ori said there are two specific areas of review to be discussed and those are large user irrigation rates and customer service billing issues. Mr. Ori discussed the large user irrigation rates. There was discussion on this subject. Mr. Ori recommended that the Commission adopt the proposed rate structure; notify all irrigation customers of rate structure change; notify St. John's River Water Management District of the rate structure change; implement rates effective by May 1, 1998 or earliest convenient date and monitor revenues for financial concerns Mr. Ori Discussed the customer service billing issues. Discussion. Mr. Ori' s proposal is adopt a late payment fee (greater of $5.00 or 1.5% of outstanding bill; no fee charged ifbilling error or due to extreme hardship case; first time delinquent in twelve month period not charged with notice provided; customer supervisor or finance director has right to waive/adjust fee; proper notification of late payment fee should be made to allow change in payment havits). The workshop adjourned at 8:55 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk