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HomeMy WebLinkAbout_2005 12 14 City Commission Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING DECEMBER 14, 2005 CALL TO ORDER The Special Meeting of Wednesday, December 14, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, arrived at 6:21 p.m. Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:04 p.m. A moment of silence was followed by the Pledge of Allegiance. PUBLIC HEARINGS - INFORMATION AGENDA PUBLIC HEARINGS - INFORMA nON Office Of The City Manager ADD-ON 200. Review Of A Complaint Regarding Certain Statements Made By A Member Of The Planning And Zoning Board/Local Planning Agency At The December 6, 2005 Planning And Zoning Board/Local Planning Agency Meeting Relative To The Keewan Real Property Company Of Winter Park Regarding An Application For A Large Scale Comprehensive Plan Amendment To Change The Future Land Use Designation Of Certain Properties Located In Winter Springs From "Industrial" To "Medium Density Residential". Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE20F9 Mayor Bush closed the "Public Input" portion of the Agenda Item. City Attorney Anthony A. Garganese arrived at 6:04 p.m. Discussion ensued regarding this Agenda Item. Deputy Mayor Michael S. Blake said, "We have several Boards that are of highly technical requirements in the way that they operate." Furthermore, Deputy Mayor Blake suggested, "1 really think that it is the Commission's fault for not requiring better training for our [Advisory] Board [and Committee] Members that we would provide, on a regular basis to be certain that they understand the rules; that they understand what their job is. And that is something that 1 think that if nothing else, could perhaps turn out to be a very, very good thing for us if we would go forward and implement the appropriate training programs for each of our Boards that require it, on a regular basis, especially when someone is new on the Board." Next, Deputy Mayor Blake stated, "There should be a letter of information given directly to that Board Member that lets them know the specific nature of what went wrong here, and 1 think the [City] Attorney is probably the appropriate one to write that letter and send it to her. Secondly, 1 believe that we should require that every Board Member on Planning And Zoning [Board/Local Planning Agency], every Board Member on Code Enforcement [Board], and every Board Member on the Board Of Adjustment, in addition to my comments Monday night, the Board Members on the Trust [Board of Trustees] be provided training within the first quarter of next year. That means before the end of March [2006]; and not the opportunity for training, but the requirement for training in order to continue serving on that Board." Regarding training, Commissioner Joanne M. Krebs said, "More than once, 1 came up to the podium and begged this Commission to have training for the Boards." Commissioner Krebs added, "1 do believe that we should train all of those Boards that you mentioned. 1 do believe that if you send out a letter, that you send out a letter to everybody. Anybody who has to make a decision." Commissioner Krebs stated, "Training, especially on issues like this, it is very important." Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Rosanne Karr, 1323 Augusta National Boulevard, Winter Springs, Florida: addressed the City Commission on this issue. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Donald A. Gilmore arrived at 6:21 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE30F9 Commissioner Sally McGinnis said, "And I do think we need to send a copy - of the letter from the Attorney, maybe a copy to the entire P and Z [Planning And Zoning] Board[/Local Planning Agency]. And I think it is appropriate also, training is essential." Commissioner McGinnis added, "And I would ask that we do training for all of our Advisory Boards, specific to their charge and every time we have a new Member, they go through the same training." Discussion. "MY MOTION WOULD BE THAT WE INSTRUCT THE CITY ATTORNEY TO SET UP A TRAINING FORUM FOR ALL OF OUR CITY BOARDS AND COMPLETE IT BY MARCH 31, 2006 - WHICH WOULD INVOLVE A COMPLETE REVIEW OF THEIR RESPONSIBILITIES AS BOARD MEMBERS ON THOSE RESPECTIVE BOARDS - INCLUDING ALL OF THE - SUNSHINE LAW." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. COMMISSIONER BLAKE SAID, "I WOULD ASK THAT WE CHANGE THE MOTION SLIGHTLY. FIRST THING IS, I DON'T THINK WE SHOULD HAVE THE CITY ATTORNEY DO IT. I THINK WE SHOULD TASK THE MANAGER TO DETERMINE WHO THE APPROPRIATE INDIVIDUAL, PARTY OR DEPARTMENT IS - TO PROVIDE IT. SECONDLY, I DON'T THINK THAT WE SHOULD DO IT FOR ALL BOARDS BECAUSE ALL BOARDS DON'T NEED THAT TYPE OF TRAINING NECESSARILY. THERE ARE SPECIFIC ONES THAT WE MENTIONED EARLIER; THE ONES THAT I BROUGHT UP AND I DID NOT GO THROUGH THE ENTIRE LIST OF BOARDS SO I DON'T KNOW WHICH ONES - WHICH BOARDS SHOULD BE SUBJECTED TO THAT TYPE OF LEGAL TRAINING - EVERY BOARD NEEDS SUNSHINE TRAINING. IN FACT, WE HAVE HAD THE CLERK BRING TO US PREVIOUSLY ISSUES OF SUNSHINE TRAINING, COURSES OR SEMINARS THAT WERE OUT THERE." DISCUSSION. COMMISSIONER MILLER SAID, "POINT OF CLARIFICATION - THE CITY MANAGER INDICATES THAT HE WOULD PROBABLY - BETTER SUITED TO DO THAT THAN THE ATTORNEY AND THE ATTORNEY AGREES. IT WOULD PROBABLY INVOLVE THE P AND Z [PLANNING AND ZONING] BOARD[/LOCAL PLANNING AGENCY], THE CODE ENFORCEMENT [BOARD], AND THE BOARD OF ADJUSTMENT. SO, THAT WOULD BE AN AMENDMENT OR CLARIFICATION OF MY MOTION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE40F9 REFERENCING ALL THE BOARDS AND COMMITTEES, COMMISSIONER GILMORE STATED, "ALL OF THE BOARDS SHOULD AFFORD THE PROPER COURTESY TO EVERYBODY THAT COMES BEFORE THEM, NO MATTER WHAT THE SITUATION IS AND THAT'S HOW WE CAN BEST GET PEOPLE TO UNDERSTAND THEIR RESPONSIBILITY." COMMISSIONER MILLER SAID, "THAT GOES BACK TO MY ORIGINAL MOTION." DEPUTY MAYOR BLAKE SAID, "POINT OF ORDER" - IN BETWEEN MY COMMENTS WOULD BE THAT THE ORIGINAL MOTION STILL STANDS AS STATED UNLESS - MADE BY SOMEBODY ON THE FLOOR." COMMISSIONER MILLER ADDED, "THE BASIC MOTION - WAS FOR ALL BOARDS, LEGAL RESPONSIBILITIES AND SUNSHINE." COMMISSIONER MILLER THEN NOTED, "THERE IS NO AMENDMENT ON THE FLOOR." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Discussion. PUBLIC HEARINGS - INFORMA nON 201. Office Of The City Manager - General Services Department ADD-ON Point Of Clarification On The Holiday Schedule. City Manager Ronald W. McLemore discussed this Agenda Item and stated, "For the rules to be Amended, it has to be done by Resolution." With discussion, Mayor Bush said, "So, we will have a Resolution the first Meeting in January [2006]." Manager McLemore stated, "Yes." Deputy Mayor Blake said, "Today, I received from Florida Department of Revenue a schedule of Holidays for the State of Florida in 2006 and the schedule of Holidays for the State of Florida 2006 is different than the one we Voted on Monday evening. There were eleven (11) days on the schedule and no floating days." Deputy Mayor Blake stated, "Since the Motion as I recall it, adopted the Florida model, then I think what we ended up with is different than what we thoug4t we were getting." Discussion ensued with Mr. Kevin Smith, Director, General Services Department on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE50F9 Deputy Mayor Blake said, "The State of Florida schedule that 1 got today had eleven (11) fixed days in it." "I MAKE A MOTION THAT WE DIRECT STAFF TO CONSTRUCT A RESOLUTION THAT THEY UTILIZE THE SCHEDULE THAT WAS LISTED IN THE AGENDA ITEM, MONDAY, DECEMBER 12, 2005 UNDER THE STATE OF FLORIDA ADDING ONE (1) FLOATING DAY ONTO THE SCHEDULE TO EQUAL TEN (10) HOLIDAYS FOR 2006." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. Office Of The City Manager Requesting The Commission To Make A Final Determination Regarding The Settlement Of Storm Related Damages Resulting From Sewer System Back-Ups During Hurricane Charley. Mayor Bush referred to an email from the Walters family. Manager McLemore stated, "Act on the ones that are presented in your Agenda Packet - we will analyze that along with the others and bring it back to you for subsequent action." Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Mark Walters, 1605 Little Sparrow Court, Winter Springs, Florida: spoke regarding his email and his insurance carrier and stated, "1 recognize your comments - about keeping it in - pending, so I am not looking for a final determination. I realize you probably want to see that documentation from State Farm [Insurance Company] - and I'll get that to you as soon as possible." Manager McLemore said, "When he presents his information, then we have to get with our Insurance Company - go over the proof of loss. " Mr. Mark German, 1608 Little Sparrow Court, Winter Springs, Florida: discussed a letter from Manager McLemore and a good faith payment. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE60F9 Tape I1Side B Discussion continued with Mr. German. Ms. Teresa German, 1608 Little Sparrow Court, Winter Springs, Florida: spoke on damage to their home; and the amount of money declined by the Florida League of Cities. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: commented that the numbers on page 3 of the Agenda Item was incorrect. Deputy Mayor Blake pointed out that, "I think the Commission will agree that third column should equal the sum." Manager McLemore asked Mr. Mize, "Were you paid ten thousand dollars ($10,000.00) by the Insurance carrier?" Mr. Mize said, "Yes." Manager McLemore added, "Any of the items of which you were paid that ten thousand dollars ($10,000.00), were they also on your proof of loss to be paid for by the Insurance Company?" Mr. Mize said, "Yes." With further discussion on the Agenda Item, Manager McLemore said, "We can enter it into the Record of tonight - clarifying." Mr. Mize said, "Would it be an Addendum to this one to rectify this?" Manager McLemore said, "Through the Minutes." Discussion. Ms. Monica Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: spoke about the financial damage and the future resale of her property. Mr. Michael Camarano, 1609 Little Sparrow Court, Winter Springs, Florida: asked about the "Pending" status and that he was awaiting information from his Insurance carrIer. Mayor Bush closed the "Public Input" portion of this Agenda Item. Manager McLemore said, "On page 3 of3, those disputed numbers, [Mr. Jose] Bibiloni- ten thousand four [hundred] seventy three [dollars and] sixty five [cents] ($10,473.65) and adding across on [Mr. David] Mize would be nine thousand six hundred eighty four [dollars] and twenty six [cents] ($9,684.26)." Discussion. Commissioner McGinnis said, "I think the Insurance Company has been very fair. They have come to the table several times. They have made very good settlement offers. I think they need to be commended." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE70F9 Commissioner Gilmore stated, "I like the Settlement similar to item 2." Furthermore, Commissioner Gilmore added, "I would like to suggest that we consider five thousand dollars ($5,000.00) which Mr. German felt was an acceptable amount." Commissioner Krebs said, "I would support that Commissioner." Commissioner McGinnis said, "I would too." Discussion. Deputy Mayor Blake said, "In our quest to be fair and equitable, if the Commission wants to add additional monies, and frankly I agree that there are certain cases that puts the level where if we are going to put in the extra money, some deserve it more than others. I wouldn't change the base, twenty five hundred dollars ($2,500.00). I would recommend leaving that but then take the remaining portion which is - seventeen thousand five hundred dollars ($17,500.00) and divide it up by the percentage share." Deputy Mayor Blake added, "Weare only talking about these seven (7) that we are recommending settlement for this evening, and divide those up by the percentage." Commissioner Krebs stated, "I would go with what Commissioner Blake recommended." Tape 2/Side A Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT OPTION 2. WHICH WILL RECOGNIZE THE SETTLEMENT OFFER MADE BY THE INSURANCE CARRIER FOR TEN PERCENT (10%) - ADDITIONAL PAYMENT OF APPROVED LOSS WITH THE ADDITION OF THE OUT OF POCKET DEPRECIATION AND OTHER ELIGIBLE OUT OF POCKET EXPENSES FROM THE INSURANCE CARRIER AS HAS BEEN SHOWN. AN ADDITIONAL PAYMENT OF TWENTY FIVE HUNDRED DOLLARS ($2,500.00) TO EACH CLAIMANT AND AN ADDITIONAL PAYMENT OF SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500.00) FROM THE CITY - DIVIDED BY EACH INDIVIDUAL CLAIMANT'S _ PROPORTIONATE SHARE OF THEIR APPROVED LOSS." MOTION BY DEPUTY MA YOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "JUST FOR CLARITY - THESE SEVEN (7) CLAIMANTS, THE RUTHERFORD'S, BIBILONI'S, MIZE, ALMEIDA, BAKER, GERMAN, AND SCHOLLHAMMER." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE80F9 ATTORNEY GARGANESE SAID, "I'M SURE COMMISSIONER BLAKE IMPLIED THIS IN HIS MOTION, BUT THERE IS ALSO A RECOMMENDATION THAT IS CONTINGENT UPON EXECUTION OF FULL RELEASES AND THERE IS A DEADLINE." DEPUTY MAYOR BLAKE SAID, "THE MOTION EMBODIED ALL THE TERMS IN OPTION 2. WITH THE AMENDMENT THAT I MADE AND YES, YOU ARE CORRECT." ATTORNEY GARGANESE SAID, "OKAY." DEPUTY MAYOR BLAKE SAID, "IN FACT, I WOULD AMEND THAT _ MAYOR, THIS WOULD BE AN AMENDMENT TO MY MOTION - ALL THREE (3) OFFERS ARE MADE CONTINGENT UPON EXECUTION OF AN APPROPRIATELY SIGNED - WITHIN TWENTY ONE (21) DAYS AFTER MAILING A CERTIFIED AGREEMENT VIA CERTIFIED MAIL OR A FULL RELEASE SIGNED AT THE DECEMBER 14, 2005 CITY COMMISSION SPECIAL MEETING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush commented regarding discussions with Chairman Carlton D. Henley, Seminole County Board of County Commissioners and the Winter Springs Golf Course. Mayor Bush read a letter for the Record, from the City of Margate to Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department dated November 30,2005. Mayor Bush added, "We appreciate Kip [Lockcuff] taking this action!" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE90F9 Commissioner Robert S. Miller commented about a letter from the City of Danbury, Connecticut dated December 9, 2005 regarding defending borders; and stated, "I would just like to point out, that there are a couple of states in the United States - California, Florida, which have tremendous numbers of people coming into the State that are not supposed to be here." Commissioner Miller added, "I feel very strongly that we need to send a strong message - and this may be a forum for that, but I would like you to think about it, because time is running out on this; and I am not sure but it might be appropriate for us to ask the State to attend, or the County to attend, or maybe ask one of the Cities to attend." Mayor Bush said, "I will contact the League of Cities and have something for the Commission, at their first Meeting of January [2006]." ADJOURNMENT Mayor Bush adjourned the Special Meeting at 7:45 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN, DEPUTY CITY CLERK ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE 9 OF 9 Commissioner Robert S. Miller commented about a letter from the City of Danbury, Connecticut dated December 9, 2005 regarding defending borders; and stated, "I would just like to point out, that there are a couple of states in the United States - California, Florida, which have tremendous numbers of people coming into the State that are not supposed to be here." Commissioner Miller added, "I feel very strongly that we need to send a strong message - and this may be a forum for that, but 1 would like you to think about it, because time is running out on this; and 1 am not sure but it might be appropriate for us to ask the State to attend, or the County to attend, or maybe ask one of the Cities to attend." Mayor Bush said, "I will contact the League of Cities and have something for the Commission, at their first Meeting of January [2006]." ADJOURNMENT Mayor Bush adjourned the Special Meeting at 7:45 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN, DEPUTY CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - DECEMBER 14,2005 PAGE90F9 Commissioner Robert S. Miller commented about a letter from the City of Danbury, Connecticut dated December 9, 2005 regarding defending borders; and stated, "I would just like to point out, that there are a couple of states in the United States _ California, Florida, which have tremendous numbers of people coming into the State that are not supposed to be here." Commissioner Miller added, "I feel very strongly that we need to send a strong message - and this may be a forum for that, but I would like you to think about it, because time is running out on this; and I am not sure but it might be appropriate for us to ask the State to attend, or the County to attend, or maybe ask one of the Cities to attend." Mayor Bush said, "I will contact the League of Cities and have something for the Commission, at their first Meeting of January [2006]." ADJOURNMENT Mayor Bush adjourned the Special Meeting at 7:45 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN, DEPUTY CITY CLERK AND ~ A LORENZO-LUACES, CMC CLERK APPROVED: ~~ NOTE: These Minutes were approved at the January 9, 2006 Regular City Commission Meeting.