HomeMy WebLinkAbout1999 06 28 Regular Item I
COMMISSION AGENDA
June 28, 1999
Meeting
Consent
Informational
Publie Hearing
Regular X
ITEM I
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Mgr. 1 Dept.
Authorization
REQUEST:
The City Manager is requesting that the City Commission consider overriding the
Mayor's Veto of Ordinance Number 721 (Commercial Vehicles).
PURPOSE:
The purpose of this Agenda Item is for the City Commission to decide if it desires to
override the Mayor's Veto of Ordinance Number 721 (Commercial Vehicles).
CONSIDERATIONS:
The City Commission approved Ordinance Number 721 (Commercial Vehicles), at the
June 14, 1999 Regular Meeting of the City Commission.
On June 23, 1999, a letter addressed to the City Commission was received from Mayor
Paul P. Partyka. This letter noted his veto of Ordinance Number 721 (Commercial
Vehicles).
ATTACHMENTS:
. Letter of Veto from Mayor Paul P. Partyka, dated June 23, 1999.
COMMISSION ACTION:
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
OFFICE OF THE MAYOR
Re: VETO OF ORDINANCE 721
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June 23, 1999
To: City Commissioners
I have decided to veto Ordinance 721 (deals with Commercial Vehicles) which was
passed by the City Commission on June 14, 1999.
I will provide a written statement at the next regular Commission Meeting on June 28,
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Mayor
CC City Manager
City Clerk
CITY OF WINTER SPRINGS, FLORIDA
OFFICE OF THE MAYOR
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
June 28, 1999
VETO STATEMENT CONCERNING ORDINANCE 721
(COMMERCIAL VEIllCLES)
I have decided to veto ordinance 721 because a monster has been created. After the many
meetings on this issue, I had asked the city clerk to fax me the fmal version to me so that I could
review it in total. That was two Fridays ago. After reviewing it throughout the weekend and
then conftrming what it said with Mr. Guthrie. I decided that this ordinance is a classic example
of GOVERNMENT GOBBL YGOOK. My rhetorical question to the Commission is have you
read the fmal version and do you understand the implications for our working citizens? This new
ordinance will have negative ramifications not for the 100 or so households initially planned to
ftx but, in addition, will affect potentially thousands of households throughout the city. In my
neighborhood alone it affects at least 5 households including myself. This is another example of
how government has taken a relatively simple concept. . .Make the city a nicer place to live.
Instead it has overreacted and made it difftcult for its working citizens through unnecessary,
imprecise and unfair language in the ordinance. In fact it probably infringes on their
Constitutional Rights. I read that I am doing this for political reasons. Yes, but not for me, but
for the Commissioners.
Let me illustrate some key points. The current law on commercial vehicles is clear that it's
intention is to prevent trucks or vehicles that are rated more than % ton. It refers to dual rear
wheel vehicles, trailers and certain type of vehicle bodies. It was simple to understand and the
intent was to stop heavy-duty type of vehicles used in the common sense standard of commercial
use.
Now here's what has happened when government officials take over and create GOVERNMENT
GOBBL YGOOK. Take a simple ~page ordinance, turn it mto a monster ordinance that changes
the spirit of what needs to be done, makes it unwieldy to administer, creates a situation where
people will be breaking the law and won't even know they're doing it. Let me read the
proposed deftnition of commercial vehicle:
Section 20-432
For purposes of this Chapter, commercial vehicles are defined to be all passenger vehicles,
trncks, trailers, and constrnction equipment of any type used in or designed to be used in
business; all vehicles temporarily or permanently designed to accommodate, support, house,
store, deliver or transport material, supplies, equipment machinery or power plants of all types;
all constrnction related equipment; and all vehicles of any type, trailers and construction
equipment upon which a business name or sign is permanently or temporarily affixed
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And
Section 20-434
One commercial vehicle per dwelling may be parked in residentially zoned districts of the City...
Now let me illustrate some examples of its implications:
I. The new defmition of commercial vehicles goes beyond trucks and includes all passenger cars
used for business with or without commerciallettering; for temporary or permanent use. So for
families that have 2 business cars (these could be company cars or private cars) because the man
and woman or (perhaps a child) work for companies that give them a very nice car, can now only
have 1 authorized per dwelling. What do you do with the second car? Who is going to tell the
household that the two cars, one from Mary Kay and one from xyz company, only one ia allowed
and the other is not. Or the person that has a business truck and has a second passenger car also
used for business. Guess what? They must get rid of it, park it somewhere else or move out of
the city? Does that make sense? It doesn't to me. This law will affect thousands of wage-
earning homes in this city.
2. Here's another one.
Section 20-435, it reads:
Utility vehicles used to maintain the site or horse trailers of any length are permitted within any
parcel of 5 acres or more within any. ranchland or agricultural zoned district provided that they
are not visible from any rights-of- way or abutting property.
Guess What? In the current zoning designations of the city there is no such zoning as ranchlands
or agricultural zoning. How did this language happen?
3. What is the implication of the statement I just read. Residents that have more than 5 acres and
are in a residential community (such as Dunmar Estates that is zoned for a minimum of 1 acre)
cannot have a utility vehicle to take care of the land because it may be a non-conforming vehicle
whether it is hidden or not. Those residents can only have I authorized vehicle for business
(truck or passenger). In fact there can be a case made that certain tractors used for lawnwork
may be construction-related and are non-conforming vehicles. The second vehicle may be non-
conforming or needs to parked elsewhere or move out. By the way, horse trailers on these
properties will fall under the same limitations as the rest ofthe residential areas of the city.
4. Not to long ago the city has NOT BEEN GOOD in enforcing the current commercial vehicle
law. And in some cases actually permitted these vehicles by issuing occupationallicenses or
permits. In effect we allowed those trucks in those neighborhoods. Now we have overreacted,
we now are telling those same people you have two years or else (provided it is the only
commercial vehicle you have). Get rid of that brand new truck (you just bought) two years from
now or park it somewhere else or move out. Well let me tell you that is plain NOT FAIR. In
actual fact, we are dealing with 50, 100, maybe 150 non-conforming trucks. This is not a life or
death issue but one of common sense and fairness. The fair thing to do is let normal attrition
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take over. Grandfather these people. As the truck gets replaced then license only conforming
trucks/vehicles. This is similar to what progressive companies do when they have to take job
cuts. Let's be considerate of our wage-earning citizens. Through attrition, this problem will go
away in a few years without causing a hardship for these citizens.
5. Here's something that riles me. We slap them with a new law that potentially affects their
livelihood.. .then charge them $25 to permit that to happen, Talking about big brother. Let's
face it, we are only talking about a relatively small number of vehicles under this category. In
fact, the permit process creates a burden for the working citizen and the city. Perhaps we should
pay them as they come in for their lost time. Or take one progressive step forward. Eliminate the
permit process. If they are grandfathered then all new vehicles whenever they get licensed will
be told whether it complies or not. This saves the city and the citizen time in doing
administrative GOBBL YGOOK.
Our job when this issue came up was simply to update the current ordinance. Educate all people
throughout the city about the ordinance and its intent. We, as elected officials, need to make sure
our laws are fairly, and with some common sense, applied. If they are not.. . get rid of them.
Instead, we created a monster that will penalize thousands of households, goes way beyond its
original intent, is not clear in its application, refers to zoning areas that don't exist, is not fair,
and is not clear on how to administer.
Do not override the veto but show our citizens that you understand their plight by make a
pragmatic and realistic law that makes our city nicer and treats our wage-earning residents with
respe~
Paul P. (:t;~a
Mayor
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