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HomeMy WebLinkAbout1991 10 07 City Commission Workshop Minutes CITY ~MISSION WORKSHOP MINUTES Octoner 7, 1991 . The meet i ng was ca 11 ed to oraer by Mayor Ku 1 bes at 7: 00 P. i"1. BOLL,,_9ALL: ______u_ u___uu_u________ _ ____________u_________ _____________________________________ Mayor Philip A. Kulbes, Present Comm1ssioner C1nay Kaehler, Presen~ Commissioner Don ~onas, Presen~ Comm1ssioner Jonn Langellotti, Present Commissioner Terri Donnelly, Absent Deputy Mayor Paul P. Partyka, Present City Manager Richard Rozansky, Presen~ City Attorney Frank Kruppencacher ;r:tq~stLi aJ_Waste_~~[.Y_ic~~l. u'''\c ,_--=-.__<::CJl!!)er~ia t~CYC I in~/Operat ions :____________________ Mayor Kulbes s~ated tnat Tom Daly is here to give the presentation. Ta~ Daly, from :ndustrial Waste Services, introduced Charlie Wilson, new General Manager. Daley stated tha~ State Law states that beginning ~anuary 1, 1992, we can not ~icK up garcage and trasn, which is grass clippings and tree trimmings mixea with 9ar~age. The grass cl~ppings and tree trimmings has to be picked up secarately ana w1tn a separate truck. We have given yo~ two different options to iook a~ ana deciae which way yo~ would like the garbage and trash picked up starting January 1992. Notning nas ~o be decided tonign~, we are just bringing i~ to your .a~tention to ~hinK about. wilson said now the City's c~rrent serVice 1S twice weekly garbage and trash combined and once per week recycling; witn the cos~ cegin 11.74 per month. One ~p~ion is: once per week garbage, once per week yard trash and once per week recycling; with the cost at the same rate as it is now, 11.74 per month. The other op~ion is: twice weeKly garbage, once per week yard trash and once per week recycling; with the cos~ at 16.43 per montn. The second option is another ~rip per week. ~aehler stated that personallY she likes option 1, because she does not like to see ~he garbage ~rucks run through the City any more than tney do now; and op~ion 2 cos~ is too high. She asked about if a holiday falls on a trash pick up day how will that be handled if the Commission chooses option 1 with only one day of garbage pick up. Wilson s~ated that they would either work the holiday or make ~t up on tne following day. Mayor Kulbes asked since the C;~y star~ed recycling, how much solid waste reduction has there been per family to jus~ify one pick up per week on solid waste. Wilson stated that the trena 1S somewhere around six pounds per week. Wilson also stated that the average yard trasn would average about 18 - 20 pounds aepeno1ng on tne season. ~angello~ti asked about looking at piCKing up the reCYCl1ng once every two weeks. Daley stated that they would look at that possibility. Langellotti stated that . that migh~ be better even if the residents needed two bins. ~onas stated that he woula like to nave some type of survey of the residents to see what type of service they would like. City Commission Workshop Minutes October 7, 1991 Page 2 . Kaehler asked about what exactly is picked UP for recycl1ng. Daley stated that they pick UP any piastics that have the numbers 1 or 2 on the bottom. Manager Rozansky stated that he has discussed with Daley the options. He stated that the County didn't go with mandatory trash pick up and how do you work their Dayment. Aren't their tags a dollar and if someone chooses to participate they have to pay a dollar for the bag: how do you make their runs because the flyer we received states that they still get two garbage pick ups. Wilson stated that what the County did is they elected to stay with garbage pick UP twice per week and trash is ~asically on a tag or bag. Daley also stated that garbage is a two can limit and if there is more the residents have to buy a tag for a doliar. The City of Winter Springs is unlimited for the number of cans. Rozansky asked how is the trash picked up. Wilson stated that they run an additional truck to pick up the trash. Wilson also mentioned that this will be mandatory by 1994. Rozansky stated that if we are going to try to go mandatory and put it on the tax rolls for January, we are going to have to publish it a few times with a resolution. What we are trying to do. and: was working with the County, was to try to piggy-back on the back of their mandatory comouter runs. it would have saved a lot of problems and a lot of money. Because of the agreement the County has with the Tax Collector, they could have included the City with their's and we could have went along with them; we thought, now the County turned around and said they don't want mandatory for another year. We reverted back to looking at two things; one to either to see whether or not we could get ~t on the tax rolls in January and start the process or see if we can get it on comouter as we have the two utilities now and we could build a list. Our probl~1 would be to get the people that are not on either utility. We were leery about saying we want mandatory because of people take it anyway until we can be sure we can cover the City. If we take mandatory and put it on our list and we miss somebody or we can't collect we owe them. whatever is on the bill we have to Day them. if we have a problem then we would have to subsidize from the general fund our garbage fee. . There was discussion on getting this on the tax rolls. Wilson stated to get this information on the tax rolls the Tax Collector needs all the information by June of each year and then has to certify the information before it can be put on the tax rolls. Rozansky stated that it has to be published. there are so many reauir~nts for publication and notification that has to be done, it is liKe an assessment. Wilson stated that they can come back with some information. they can go to the County to see what is available. John Ferring, reslaent of Oak Forrest, spoke about some residents paYlng double as they already pay a lawn service to take away the trash. Art Hoffman. resident of Tuscawilla, Questioned the residents who rent homes. . Joe Genova. resident of Tuscawilla, also spoke about some residents Daying maintenance fees for 1awn care paying doubie. City Commission Worksnop Oc~ooer 7, 199: Page 3 . ~;itty DeGrenia, from ~he Highlands Homeowners Associa~ion, asked about the resiaents who use dumpsters. Kulbes said ~hat this is not a simple task, I~ ,s a very complicated matter with many solutions that the Staff and IWS will come up with a solution agreeable to everyone. ~ames Dasher, resident of the Highlands, spoke about how other Cities nandle this matter. ~ohn Morgan, residen~ of Tuscawilla, spoke about the money being made from recyciing and that the money could be used to offset the additional runs. Al 3ecker, resident of Tuscawilla, also spoke about some residents paying double. Rudy Warling, resident of the City, mentioned having the City collect the trash and not franchise out. Tom Gordon, resident of the City, spoke about the residents purchasing special trash bags for the trash. Ann Schneider, resident of the Ranchlands, suggested having the residents cali if . ~hey nave yar;c ~rasn to be picked up. ~aenler stated that she would li~e to see a survey to the residents to 3ee what tney want.. Partyka asked about total reCYCllng by everyone, residents and commercial. Wilson stated that commercial is the last step for recycling. Wilson also sta~ed that ~he yard trash will be going to the Osceola land fili site no~ the coun~y dun~. Partyka sta~ed that he would like to see the total City on recycling. ~onas suggested what could be done for the people tnat pay for lawn maintenance, ~hat the maintenance people leave the yard trash for the franchise to pick up as tney are paying for it any way instead of having ~he maintenance service take it away. ~~oyd Anderson, ,esident of Hacienda Village, spoke about Grants. BeCKer askec if there would be other workshops on this subject with other ~roviders for competition. . ~angeliotti stated he is not a firm De I lever ,n letting garbage layover because he feels it is a health hazard and he thinks that the City should purchase a chipper and truck, tha~ way as residents have trash they can call the City and ~he City can go pick it up and in turn could mulch it and give it to the residents for compost or what ever they want. He said he feels this would solve a big problem. City Commission Workshop October 7, 1991 Page 4 . Kaehler stated what would it cost one tax payer a year for garbage serv~ce; why couldn't we raise the millage by that percent; which would be maybe one tenth of a oercent and have the Tax Collector collect this and pay only one check which would save money in billing and we could have the fourth run of service and it shouldn't cost any more. Rozansky stated that the way Commissioner Kaehler stated to have an ad-valorem assessment would not be difficult. and we have talked about another assessment. which would require oublications; these are two different forms of assessments. Wilson said they will cane back and tell the Commission what kind of reduction there would be if the City went to mandatory trash and garbage pick uo where the billing would be on the tax rolls and the City would pay one bill oer year. There was discussion on the type of billing and the number of determined that the City will put out a survey in the Winter Newsletter to find out how the residents want the garbage and trash how they want the billing done. runs. It was Springs Civic oicked up and The survey will be distributed in the newsletter that will be out between October 15th thru the 20tr. . Kaehler asked the Commission if the City Hall could recycle the paoer that is produced here. She stated that she has looked into this and stated that there is a Company that brings in a bin and when it is full they collect it and send a check for the paper. She asked if she could get orices on this and if we did ~nlS maybe the recycling money could be used toward the playground eauipment. The Commission was in agreement to this. Kaehler stated she would bring back the information at the next meeting. Code Enforcement Board Operations/General Discussion: Kulbes stated that there are many Code violations that come before the City. and the Code Board takes appropriate action and if the person is in violation of City Codes the Board fines them. The Board gives this oerson a grace period to rectify the situation before the fine goes into effect. He stated that 99% of the time the violation is cleared and no fine is oaid. He said that it seems to him if the administrative procedures are gone through that there should be sane sort of minimum fine placed for administrative cost only even if the violation is taken care of. City Attorney Kruopenbacher stated that he has been worKlng with the City ~anager and Police Chief on the issue of Code Enforcement and trying to strengthen the issues associated. He said he would like to go over where he is at this ooint and then get comments fran the Commission, the Code Board and oublic. Kruppenbacher stated that initially in reviewing the actual current ordinance it aooears to track Florida Statute 162, but the oarts in terms of it does not adopt i62-21 which are suppleTental procedures which would enable your Code Enforcement Officer to issue a citation at the oarticular scene and forward it on to the City . Commission Workshop October 7, 1991 Page 5 . County Cour~; oypasslng ~he Code Board and basically much like a ~raTilC ticKet. Yo;., can pay ~ t o~- contest it. The i ncent i ve is not to contest it. We are looking ~o o/-ing back to you a~ the second meeting in October, an ordinance to adopt that add; t i ona I enf or-ce-nent author i ty . We have looked at surround i ng ccmnunities and certain other j~risdictions outside YOLjr area. Revisions to your ordinances on grass cutting and the failure to maintain property and strengthen~~g our ability to take steps in the event we determine it is a nuisance and not have to wa~t rcr the Code Board to meet to deal with the '; ~ 0 1 at ~ on. We have rev ~ sed and will be br ~ ng i r,g a long another ord i nance regarding the parking of recreational vehicles subjecting it to Commission approval and cleaning ~p any problEms associated with that particular issue. In ~~e process or looking at this as it relates to new neighborhoods that the Commission will oe approving that have homeowner deeds and restrictions, , am adv~sin9 Mr. LeBlanc in the future that those deeds and restrictions while they nave always obligated/provided tha~ nothing waive the City ordinances etc. I want to go more affirmative that the property owner agrees to comply with ail the City Codes and Ordinances and in the event they don't the City shall be entitled to and or tne Homeowners Association to an irrrnediate injunctive relief to require compliance just another effort to try and have some further protection. That is where we are right now in steps in trying to approve the ability to pounce on ~eople and not get tied up in what: think is a statute that clearly enables the . party who is violating the law to enjoy the benefit of procedural steps and every other kind of step before they are neld accountable. One of the things we are going to deal with is strengthening the issue of repeat violations. Where if YOL<r cited and YOL.; do it again, i want to avoid going back to the Code Board ever- '/ time. -:-r-. i s is where we are not. ! suggest if there are other- 1 ssues you \',ar::: looked at, ; f jO:"; \'IOL.; I a just give them to us at your second meet i ng in Octoner, we wll1 bring back every solution that we think yo~ can maximize and take in an ::rdinance l-eady to go that night, and if you can't take steps to solve iOL.;i probleTl we'll explain why you can't. ~angei;0ttl n~entioned vlolations of loud speakers/radios, animals, not only the ~p keep of yards and parking of disabled vehicies; but there are other little thi~gs that came up. He said that he can recall when he sat on the Code Board whe:, it was two months or so when there was a c:anp I a i nt of no i se from a party, and it 'l'Ias t:YIO iI.Onths since the vi 0 I at i on was cited, and the no i se cont i nued. He stated that he would like to see more "te:eth" i:-, the fines for violations. So we .::an stop it and make the Code Officers job a lot easier. if the people knew that ~hey were in violation of noise or unkept property and if they are cited and :::rought oefo/-e the Coce Board, : et them dec i de, 1 et them pay the fine and then go ,x,. Too many cases aren't so: vec. :"~ibes s~ated ~hat it seems to him 1:hat if our Code Officer gets a violation on n01se, that noise is taking place at that time he goes out to investigates, he should be able to write them a ticket, same thing as a speeding ticket, saying you are fined per i od; and not have theT) appear before the Code Enforcement Board, ,think if we were able to eliminate those types of violations going before the Boare, a 1: the major- i tam wo....l d go before the Board for sett I ement. . ..James Dasher, member of the Code Enforcement Board, asked the Chy Attorney '""hat c~ty Commission Workshop October 7, 1991 Page 6 . is the difference of where lS the distinction between a violation of City Ordinance involving Police action such as a traffic violation and the Code Enforcement Board, somewhere there is a grey area, how is it determined that traffic violations are treated different than other vioiations of City Ordinances. Kruppenbacher stated that the Florida Legislature created what is called the Florida Uniform Traffic Code that said every driver in the state has to abide by the following laws, they have not created a Flor~da Unifor~ Code Enforcement rules. We will look at that issue for the ability to s~te and not rave tc go before the Code Board. One of those ways may be what the statute contemolates and that is a suoplemental procedure that will enable the Code Officer to ~ssue the citation at the scene ~uch like a traffic ticket. Hoffmann said in Chapter 162-21 it states the Code Officer is authorized to issue a c~tation on the spot if it goes to the County Court, however, he has to give reasonable notice of a period of time to correct the infraction. However it states he does not have to provide this reasonable time if he believes the violation presents a serious threat to the public health, safety and welfare or if the violation is correctable or irreversible. There was discuss i on on 1; ens that have bee:; placed on propert i es . . Kr~ppenbacher said the City has placed ten liens on properties. two been oaid. of wf-i::n have Kruppenbacher :-;;entioned some of the areas that they have approac:-:ed: we w~ll be revising the height limitation to cover set back requirements. ~ssue of distance from property lines, the issue of littering, a whole new article on littering to dea 1 wi th every kind of 1i tter; n9 and not ma i nta in i n9 yards: Oil weeds etc., we have a new article on the obligation to trim grass, shrubbery and trees, the oarking of recreational vehicles, and commerciai vehicles. out door disolays and storage, and a new article on everything to do with the abandoning or derel~ct vehicles. He statec that he feels that they will be bringins back the toughest enforcement they :an find of other aublic entities that have attemoted to solve their own probl~. Bob Gray, Chairman ::f the Code Enforc8iient Board, stated he feels the Code Board is working pretty well. He said he is a little concerned about the imDressio~1 of collecting iT'Oney to cover expenses of the operations of the City Code Offker. Our intent and our job is to b:ing citizens ir,to cXlpl iance with c~t:. Code. Ninet,,' percent of the cases get resolved before ccming before the Code Board, very few of thEm actually go before the Code Board and go th:ough the p;ocess of assessing liens. ; wonder what the backiasr of ~he c~tizens would be when they find that they can be fined imnediately for not cutting the grass or not cieaning up their ~ool. I am not say~ng that it i3 a bad ~dea, I'm saying we need to estab i i sn our intend. whether we are go i ng to make nuney or whether- oU: interest ~s ~:I 3e~ting the citizens to ccmo1y with C~:',/ Code. . ":i.; i bes sa i d the intent is net to make nu!ley, the intent is to clean up the Ci ty. You have to realize that every t~~ie we send out an officer to check out a c~tj Co:Trr. i ss i on Workshop October 7. -; 99"1 . Page 7 carp 1 a i nt rec:)ver, cl~ation. ~ t ::c,s~s t;--le C: i t'y' t ~;lje and l~oney. the time and money spent on it is ~o cOver expenses. That .s what we are trylng to the officer gOing out and giving the Krc.:ppenbache: stated that fraT. yo,-,r 1 awyer standpo i nt that :.A,ft. 1 I peop 1 e know that 11: w. i i cost then, Ter' .io13.ting your codes, they will,~olate /c...:r codes. What we are talking about is t:) amen:::l ordinances to make it easier on thEm to do the job the) have ::ee:. doing, and to deal with the people that fragrantl, ignore us. John Morgan spo~~e abo:.At hane occupational licenses. There was discussion cn this subjec-t. ~angellct~i comllended the Code Enforcanent Board malIDerS :)n the fine job they do. ~ bye Ancierso,-, member cf the Code Board, asked if a board member can site a . ioiation. Kruppenbaoher stated that by the Statute members OT tne Code Board co.:,': start the code process, i recomnend that if SCX11eone reports a violation tc a 30ard member', that malIDer shou I d not i fy tr.e Code I nspector and the Code 'nspector can go and take the canplaint and start the process. . eh i ef Govoruhk stated that one ma i n th i ng the Board is do i ng now is to r,ot l fy the hCX1:eowner and the mortgage canpany and th i s has he 1 pec:! in gett i n9 the vi 0 1 at ions -=:leared c.:p and with collecting fines. He also mentioned that the Code Board also i I-,e i ude and future vi 0 1 at ions oT the same nature in the re 1 i ef order so if there ~s a repeat of the violation the fine starts inmediately and does not have to go oack before the Code Board. Schneider mentioned trat there sometimes is difficulty in finding the homeowner and getting word fran the mortgage canpany, time passes and in cases where there lS a pool involved the pool turns into a health hazard, in relation to sCfi~ething ir: this natc.:re is it possible that our Code Officer can issue a citation. ~r~ppenbacher stated that we ai-e working on getting an ordinance to be able to iSSue a c~tatior". if the violation is regarding publ~c safety. We will be able to bypass the Board and ~ssue the c~tation inmediately and not have to wait ;..ntii the iSSue goes before the Code Board. We are still wo:k~ng through what those cases are. :~sner stated that his inte~t ~f being on the Code Board IS to make Winter Spr~nss a des~rable place to live. '<I-~ppenbacher stated that he wi 11 be back to the Calmission wi1:h all :.r,e re'v~sed ordinances the se:ond meeting in October which is October 28, 199i. ;:,e workshop was adjo;.;rned at 9:50 P.M. . Respectfully Submitted, Margo Hopkins Deputy City Clerk