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HomeMy WebLinkAbout1994 08 08 City Commission Regular Minutes 93-94-22 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 8, 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. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, absent City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Langellotti, present Cindy Gennell, present David McLeod, present Also present was acting City Manager Kip Lockcuff. The invocation was given by Dr. Craig Culbreth, Pastor, First Baptist Church of Winter Springs. The pledge of allegiance to the flag was led by Commissioner John Ferring. Approval of minutes of July 25, 1994: there were no additions or corrections; the minutes stand approved as presented. Public Comment: Phil Kulbes, former Mayor, Glasgow Court, asked if the City could mow a piece of property, coming from US 17-92 on the left hand side of Shepard Road. He said it is in Seminole County. . Todd Castain, Burgos Road, spoke about the speeding problem on Burgos Road. Harold Scott, Swan Street, spoke about an article in the Sentinel written by Mayor Bush. Ray Laub, Blue Spruce Court, spoke about the maintenance of the common areas in Tuscawilla. Proposed Non-Ad Valorem Assessments-Country Club Village and Solid Waste: Motion was made by Commissioner Ferring that we not take any action as far as putting these two issues on the County rolls. What they would be doing would be keeping the IWS collections on the Utility Bills and adding Country Club Village streetlighting assessment to be paid by members of that particular area only. Unless there is any legal prohibition I would like to move that be done. Seconded by Commissioner Torcaso. Discussion. Motion was amended by Commissioner Ferring, seconded by Commissioner Torcaso to include only IWS at this time. Discussion. Vote on the motion: Commissioner McLeod,aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. Motion was made by Commissioner Ferring to read Resolution No. 743 by title only. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. . Attorney Kruppenbacher read Resolution No. 743, adopting and approving the assess- ment plat for the annual assessment of charges for the provision of street lighting pursuant to Ord. No. 545 for Country Club Village Street Lighting, etc., by title only. . . . Regular Meeting, City Commission, Aug. 8, 1994 Page 2 93-94-22 Motion was made by Commissioner Ferring to approve, subject to an amendment to it in the event it is determined you can legally place this on the utility bills for the following year, this Resolution would be null and void. Seconded by Commissioner Torcaso. Discussion. In discussion Commissioner Gennell asked the amount of the total assessment. The Finance Director said it would be $6,453.00 ($26.50 per unit). Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Temporary Trailer/Modular Building approval at Vistawilla-Mike Jones: Mr. Gosline, Community Development Director, explained in the middle of May Mr. Jones requested the City provide him with what necessary permitting and permission will be required from the City to erect a mobile office structure on a temporary basis from 12 to 18 months, located at the southeast corner of SR 434 and Vistawilla Drive. Mr. Gosline explained the Staff reviewed that request and provided a number of comments regarding that matter and communicated that back to Mr. Jones during the first part of June. He said the City Attorney, City Manager, Mr. Jones and himself all met to discuss the matter. This site is in the Tuscawilla PUD and is in the SR434 corridor which the Commission has identified as being very important in terms of Site Plan Review. Staff is recommending the process should go ahead and Mr. Jones disagrees with that interpretation, and Mr. Jones was present to present his side of the story. Motion was made by Commissioner McLeod that the Commission is interpreting on Page 6 of the Settlement Agreement between Winter Springs Development Joint Venture and the City, dated Nov. 21, 1990, Condition 14 is not violated by the request filed by Mr. Jones with the understanding that it is for an initial period of up to one year, but in no event longer than 18 months. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, no; motion passes. Motion was made by Commissioner McLeod that we send Mr. Jones back to see the City Manager, and the Manager will direct him to the appropriate departments. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, no; Commissioner Langellotti, aye; motion passes. Mayor Bush called a recess at 9:30 and called the meeting back to order at 9:45 p.m. Approval of Reuse Feasibility and Implementation Plan for our West Wastewater Facility Operations Master Plan Reclaimed Water System: Motion was made by Commissioner Langellotti to approve the Reuse Feasibility and Implementation Plan. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. First Reading of Ord. No. 565 adopting Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery, etc.: Motion was made by Commissioner Ferring to read Ord. No. 565 by title only on first reading. Seconded by Commissioner Torcaso. 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, Aug. 8, 1994 Page 3 93-94-22 Attorney Kruppenbacher read Ord. No. 565 by title only on first reading. Approval of Amendment to the Amended & Restated Money Purchase Pension Plan, etc.: Motion was made by Commissioner Ferring to approve the Amended and Restated Money Purchase Pension Plan. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher explained that subsequent to the last meeting the City Manager did advise him that he did a survey of surrounding Senior Centers. He was advised there were no private groups that were receiving the fee as a condition of being able to use the programs within the facility. Attorney Kruppenbacher said if it is the Commission's direction, the Manager and he will get with the existing Senior Citizens and advise them it will be made clear to anyone who comes to the Senior Citizens Center that they are not required to join or pay a fee to any private group to participate in a function being held at the facility other than to pay the fee for participating in that particular function if there is a charge for that function, or he and the City Manager can have dialogue with that private group and then come back and talk to the Commission before taking any position. The City Attorney said he would get with the City Manager and then will come back with a report before any action is taken. . Attorney Kruppenbacher said he was advised by the Division of Elections in Tallahassee that they thought we could have a non-binding referendum on the November ballot in reference to the ambulance issue. Motion was made by Commissioner Torcaso to direct the City Attorney to work with Sandy Goard and City Clerk to put this on the ballot. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, no; Commissioner McLeod, no; Commissioner Torcaso, aye; motion passes. Commission Seat I - John V. Torcaso: Motion was made by Commissioner Ferring to waive the sign fees for political candidates. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Commissioner Torcaso asked Attorney Kruppenbacher to look into doing away with the petitions for City Elections. He spoke about the speeders on Burgos Road and Mr. Castain's report. . Commission Seat II - John Ferring: Commissioner Ferring talked about the water pump being struck by lightning which caused a drop in water pressure in a certain area of the City. He said for the information of the Commission there is always a member of the Utility Department on duty, 24 hours a day over the weekends to take any action that is necessary regarding a sudden emergency. He said within one half hour the problem was corrected. Commissioner Ferring suggested the actual procedures in the event of an emergency be placed on the water bills to advise residents, and also in the Winter Springs Bulletin. . . . Regular Meeting, City Commission, Aug. 8, 1994 Page 4 93-94-22 Commission Seat III - John Langellotti: Commissioner Langellotti announced that a national retailer will be taking over Piggly Wiggly and he will leave the City Manager disclose it. He said he would like to have the Sandbaggers golf tournament this year. Commission Seat IV - Cindy Gennell: Commissioner Gennell spoke about the transportation workshop she attended with D.O.T. She said she received a call today from DOT in Deland advising her that the City will have bike lanes on SR 434. Commission Seat V - David McLeod: Commissioner McLeod said he wanted to make sure that everybody understands the Mike Jones issue. There are only two things, one is that we are not violating what is presently known as our Settlement Agreement and secondly, the recommendation that Mr. Jones go back to Staff and go back through the process with Staff, and any issues that Mr. Jones and Staff cannot resolve then come back to the Commission. Attorney Kruppenbacher said the Commission will be getting some covenants, deeds and restrictions that are being finalized on a number of projects. He said if anyone has any policy objections to contact him. Attorney Kruppenbacher said he would be out of town from Wednesday to next Monday. Attorney Lang will be available should any crises arise. Attorney Kruppenbacher said the City is currently going through a US Department of Labor Wage and hour audit. Mayor's Office-John F. Bush: Mayor Bush said he has received the resignation from Mary Norton, City Clerk, effective Sept. 30, 1994. Mayor Bush said his intention is to advertise the position. A search committee of the City Manager, City Clerk and a person from the Institute of Government would review the applications. Mayor Bush said he would talk to the City Manager when he gets back. Mayor Bush said he received a letter from the Chairman of the Planning & Zoning Board that Carl Stephens has been appointed to the SR 434 project committee. Mayor Bush also received a letter from Seminole Community College, on August 24, at 8:30 a.m. at Heathrow Country Club one of the Winter Springs law enforcement officers will be honored. Mayor Bush said he would attend. Mayor Bush also received a letter from the president of the Winter Springs Little League encouraging participation. Also received a letter from the National Fire fighters asking to collect for muscular dystrophy while on duty. That will be turned over to the City Manager. Mayor Bush thanked Jim Mikes of the Tuscawilla Country Club and IWS for sponsoring the Tri-County League Luncheon, and he said he would send them both thank you letters. Mayor Bush introduced Don Wilson the new Recreation Director. Meeting was adjourned 10:40 p.m. . . . I, .. Regular Meeting, City Commission, August 8, 1994 Approved: ~s:~ Page 5 Respectfully submitted, ~,:~ Mary T. Norton, City Clerk ,MAYOR 93-94-22