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HomeMy WebLinkAbout1994 02 14 City Commission Regular Minutes 93-94-8 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS FEBRUARY 14, 1994 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John F. Bush at 7:30 p.m. For the invocation Commissioner John Langellotti asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Deputy Mayor John V. Torcaso. David McLeod was sworn in as Commissioner Seat/District 5 by City Attorney Frank Kruppenbacher. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of minutes of January 24, 1994: minutes stand approved as presented. there were no additions or corrections; the Mayor Bush presented Resolution No. 729, expressing appreciation to the Civic Association for organizing the Winter Springs Holiday Parade to Rae Artman, Chairman of the Parade Committee. . Public Comment: Paul Partyka, Oswego Court, said on behalf of the Rotary Club, the Tuscawilla 7 Up 8K Classic turned out to be very fine. He thanked the City Manager and Staff expecially Kip Lockcuff and Glenn Whitsett, Charlie Sexton and Grayson Gregory and the paramedics for their assistance. Mr. Partyka also spoke about annexing the Duda Property into the City of Winter Springs. General Agenda: Presentation of 1992-1993 Audit Report: Christine Hill, partner with Coopers & Lybrand, spoke to the Commission. She said it has been her privilege to be the engagement partner on this year's audit of the City of Winter Springs, and she introduced Pat Knight one of the other partners and Tim Baker who served as the Manager for this year's audit. Ms. Hill pointed out that the opinion on the Financial Statements that appear on pages 1 and 2 of the report is what is commonly referred to in the trade as an un- qualified opinion. She said basically what this opinion says is that they performed all the audit procedures that were necessary to be in compliance with the government auditing standards and generally accepted auditing standards, and she said as a result they concluded that the City's financial statements were fairly stated in all material respects in accordance with generally accepted accounting principals. So, she said, this is in essence the best report card that an organization can receive on the fairness of which its financial statements are presented. . . Regular Meeting, City Commission, Feb. 14, 1994 Page 2 93-94-8 Ms. Hill explained the front statements are sort of an accumulation of the detailed statements that appear in the back. She said if you analyze the whole report you will see that each and every separate fund that has been created by the City of Winter Springs either as a result of bond covenants or the result of actions taken by the Commission are presented within this report, and for each fund for which a legally adopted budget is presented a comparison of actual to budget appears as well. Ms. Hill explained in the back part of the report you will see detailed statements on all the individual funds and also certain compliance reports. These reports are required because governmental organizations unlike commercial enterprises are subject to a great deal of regulations and government auditing standards require auditors to give opinions on how well laws and regulations were complied with and how adequate our internal control structure was. Ms. Hill said their report on compliance with laws and regulations indicates that with respect to items tested we were in compliance in all material respects with all of the important regulations to which we were subject. She said the report does make reference to the fact we had a few minor instances which are included in the Management Letter and not significant enough to require this report to be qualified. . As far as the internal control structure report, Ms. Hill said they looked at areas such as treasury or financing activities in the City, controls over revenue receipts, controls over purchases and disbursements and also the external financial reporting procedure and they did not note anything that they consider to be a material weakness in the internal control structure. She said they did note some things they believe Commission and Staff should consider on an on-going basis to try to improve procedures within the City, and those particular recommendations are included in the Management Letter. She said they have reviewed the response to the Management Letter from Staff and they believe the statements made in this response are reasonable. Discussion followed. Manager Govoruhk said he would give the Commissioners a copy of the letter which is to be sent to Tallahassee. Motion was made by Commissioner Gennell to accept the 1992-1993 Audit Report. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. Transmission Authority (Iron Bridge)-Proposed Financing Agreement: Attorney Tom Lang explained the City has had a relationship with the South Seminole North Orange County Wastewater Transmission Authority whereby they had built Iron Bridge. About ten years ago they sold some bonds and they are now seeking to refund those bonds and have asked the City to consider some resolutions which would amend the inter-local agreement and also authorize the refunding. . Attorney Lang said it would be their recommendation the Commission authorize the Mayor to execute the resolution with the approval of the City Attorney participating in the refunding providing it does not create any financial obligations on the part of the City. So what we would propose to you tonight is, subject, again to the Mayor and City Attorneys being comfortable that it does not create any obligations on the part of the City financially, that the Commission approve a resolution of the City of Winter Springs approving the form and authorizing the execution of amendments to an . Regular Meeting, City Commission, Feb. 14, 1994 Page 3 93-94-8 inter local agreement previously entered into with the South Seminole and North Orange County Wastewater Transmission Authority. Motion was made by Commissioner Lange110tti to approve the resolution of the City of Winter Springs approving the form and authorizing the execution of amendments to an inter10ca1 agreement previously entered into with the South Seminole and North Orlando County Wastewater Transmission Authority and subject to the Mayor and City Attorneys being comfortable that it does not create any obligations on the part of the City financially. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; motion passes. (Res.#735) Attorney Lang said there is another resolution and again subject to the same provisos which would be that the Mayor and City Attorneys are comfortable with the fact that there are no obligations created for the City of Winter Springs, that the Commission approve a resolution authorizing the issuance of not to exceed $7,835,000 Sewer Revenue Refunding Bonds, Series 1993, of the South Seminole and North Orange County Wastewater Transmission Authority for the purpose of refunding South Seminole and North Orange County Wastewater Transmission Authority Sewer Revenue Bonds Series 1986A and Series 1986B, issued in the original aggregate principal amounts of $7,570,000 and $1,700,000 respectively; providing for the payment of the bonds from pledged revenues, making other covenants and agreements in connection therewith; and providing an effective date. . Motion was made by Commissioner Ferring to approve a resolution authorizing the issuance of not to exceed $7,835,000 Sewer Revenue Refunding Bonds, Series 1993, and subject to the proviso that the Mayor and City Attorneys are comfortable with the fact that there are no obligations created for the City of Winter Springs. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Gennel1, aye; Commissioner McLeod, aye; Commissi~ner Torcaso, aye; motion carried. Consolidation/relocation of utility offices-request two year approval for a temporary mobile office to be used as office and work area, etc.: Motion was made by Commissioner Ferring to approve the consolidation and relocation of utility offices and request a two year approval for a temporary mobile office to be used as office and work area. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Public Hearing and second reading of Ord. No. 555, establishing a non-ad valorem assessment for mandatory solid waste/recycling/yard trash, etc.: First reading of Ord. NO. 556, vacating, abandoning and closing a utility easement located to the rear of Lot 17, Glen Eagle Unit 1, etc.: Resolution No. 733 regarding Parcel No. 803.1, Sec. 77070-2516, (DOT), etc. Resolution No. 734 regarding Parcel No. 115.1, Sec. 77070-2516, (DOT), etc. Motion was made by Commissioner Lange110tti to read Ord. No. 555, Ord. No. 556, Resolution No. 733 and Resolution No. 734 by title only. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange110tti, aye; motion passes. . . Regular Meeting, City Commission, Feb. 14, 1994 Page 4 93-94-8 Attorney Kruppenbacher read Ord. No. 555 by title only on second reading; Ordinance No. 556 by title only on first reading; Resolution No. 733 and Resolution No. 734. Mayor Bush recessed the Commission Meeting and opened the public hearing for comments on Ord. No. 555. No one spoke for or against the ordinance. Mayor Bush closed the public hearing and reconvened the Commission Meeting. Motion was made to approve Ord. No. 555, Ord. No. 556, Resolution No. 733 and Resolution No. 734 by Commissioner Langellotti. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. Request for Permission for more than 2 dogs - Clark: Attorney Kruppenbacher explained the property owners were cited for a violation regarding dogs. At the Code Enforcement Board hearing the Board took no action but said to go to the Commission to see if you can get a waiver. From a protocol standpoint, Attorney Kruppenbacher said it would be his recommendation the Commission not deal with that item; that it be sent back to the Code Enforcement Board for the Board to determine whether or not a violation exists. Once they determine whether or not a violation exists they can set as a condition they have x number of days within which to come into compliance or obtain permission from the Commission. . City Attorney Frank Kruppenbacher: 1. Telephone Franchises-Southern Bell and United Telephone: Attorney Kruppenbacher said on March 14th he will have for first reading an ordinance for each telephone franchise. City Manager John Govoruhk: Manager Govoruhk reported the City has received certification as Tree City 1993-1994. Manager Govoruhk also said there will be no money from Federal or State for this program for the next year. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked Commissioner Ferring if he reviewed the letter from Cable- vision. Commissioner Ferring said he is still researching the whole situation. He said there is a lot of work to be done before he can come back and give the Commission any- thing definitive. Commissioner Gennell said she wanted to call the Commission's attention to the need to move forward with forming the committee to develop a plan for the SR 434 corridor. She said when she first brought it up the Commission objected because they said the developers would not come and it has been tried before. She said two weeks ago we heard from the Boards and they basically said they are in favor of it. She said we have heard from the Boards and she thinks the Commission has to take the lead to provide a climate where the optimum desire of the residents and developers can come together. . She said we have an obligation to plan ahead when the opportunity presents itself. She said, "I don't think we want to be put in a position of having plans submitted to us before we as a city has decided what we can live with in the central part of the City. I'm afraid that it might represent a potential legal issue if we delay a developer . Regular Meeting, City Commission, Feb. 14, 1994 Page 5 93-94-8 while at the same time we are making major changes to the land development regula- tions. Then that could cause us to approve a commercial development which does not reflect what the residents would prefer, then we might lose ground on the plan itself. I brought this to the commission before and I have many years of real estate experience and many more years as a long time Florida resident watching the development trends. I have seen pristine areas devoured by commercial development in weeks and months. I think the responsibility for preventing same thing from happening in Winter Springs rests with the Commission. No matter how many boards or committees or staff we delegate it to I think we have an opportunity to prevent undesirable development here and to make some really good things happen. There is no reason why we can not formu- late a committee of interested parties and let them get this project underway." Commissioner Ferring said going back to the discussions at the Workshop he thinks there was a consensus of the Commission that they felt the proper way to go about this was a little different from what Commissioner Gennell was saying. Commissioner Ferring said he feels it is premature to do anything until the Land Development Regulations are in place. The responsibility of the LDR's lay in the hands of the Planning & Zoning Board, and it is presently before them. Commissioner Ferring suggested we go through due process and give total support to the Planning and Zoning Board for them to accomplish their mission in setting forth the LDR's. He said proper LDR's will make proper building along this corridor. . Commissioner Ferring said he did not see any benefit to appoint another committee. He said the Commerce & Industry Board has volunteered to be helpful in any way they can. Commissioner Ferring said he didn't think it proper at this time and he thinks it is premature. Mr. Arthur Hoffmann, Mt. Laurel Drive, said he is currently serving on the Planning and Zoning Board, and he spoke about the need for a planner. He suggested the Commerce & Industry Board work with the Planning & Zoning Board. Mr. Hoffmann also suggested annexing the property on SR 434 to the east that is not in the City. Commissioner Gennell asked this be put on one of the next two agendas. The consensus of the Commission for a town meeting in March was not in favor of a meeting. Commissioner Gennell gave the CALNO report. She said they are working on making a Countywide sign ordinance as opposed to just US 17-92 and they are also encouraging the increased use of community service. Commission Seat V - David McLeod: Motion was made by Commissioner McLeod to appoint Mr. Ralph Bowman, 400 Hayes Road to the Board of Trustees for Employee Pension Plan. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. . ~ Regular Meeting, City Commission, Feb. 14, 1994 Page 6 93-94-8 Commission Seat I - John V. Torcaso: Commissioner Torcaso suggested that every Commissioner and Board member read the Code of Ordinances. Commission Seat II - John L. Ferring: No Report. Commission Seat III - John Langellotti: Motion was made by Commissioner Langellotti to appoint Mary Scott, 814 Big Buck Circle to the Beautification of Winter Springs Board. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion carried. Commissioner Langellotti said about three years ago he brought up youth center at the Piggly Wiggly with the previous City Manager. this is a project we should all get behind. Commissioner Gennell Tallahassee and she will be in touch with Senator Jennings to see are available. the idea of a He said he thinks will be going to what grant monies Mayor's Office - John F. Bush: Mayor Bush said Indian Trails Middle School has requested public officials to participate in public information class to speak to sixth graders on March 15th. If anyone is interested contact the Clerk. ~ Mayor Bush said the Commission received a copy of the letter he sent to the Chairman of the Board of County Commissioners requesting a Workshop. As of this date there has been no response. Meeting was adjourned 9:30 p.m. Respectfully submitted, ~ -r k:C Mary T. Norton, City Clerk Approved: 744 ,MAYOR ~ . . . Page 5 Regular Meeting, City Commission, Feb. 28, 1994 Approved: Respectfully submitted, ~r:~ Mary T. Norton, City Clerk . BUSH 93-94-9