HomeMy WebLinkAbout1994 09 12 City Commission Regular Minutes
93-94-24
REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
SEPTEMBER 12, 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.
The Invocation was given by Pastor David Brett, Lord of Life Church. The pledge of
allegiance to the flag was led by Commissioner Cindy Gennell.
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, absent
John Langellotti, present
Cindy Gennell, present
David McLeod, present
Approval of minutes of August 22, 1994:
Commissioner Gennell asked that the total amount of the budget be reflected in the
minutes. Minutes were approved as corrected.
There was no public comment.
General Agenda
Public Hearing for 1994-1995 Fiscal Year Tentative Budget: Ad Valorem Millage-
Discussion; (a) Recompute and announce Tentative Millage Rate; (b) adopt Tentative
Millage Rate; Adopt Amended Tentative Budget:
Mayor Bush read the following letter from Commissioner John Ferring: To: Mayor,
Commissioners, City Manager, Residents of Winter Springs; from John Ferring,
Commissioner, dated for meeting of Sept. 12, 1994; Subject: Setting of Millage rate
10-1-94 to 9-30-95: I wish to apologize in advance for missing this important Sept.
12th meeting, but the christening of our 3rd grandchild and first grandson, Jake
Patrick, has taken me out of town. Although there may be some who may be willing
to pay to keep me out of the City, let me assure them, I'll be back...(got that
Frank!).
As for tonight's meeting, I have reviewed the City Manager's memo of August 23rd, and
wish to commend him for his RECOMMENDATION to reduce the millage rate to 3.7626 for
the next fiscal year.
This year's budget workshops will prove to be the start of a new approach and better
understanding of ways to increase efficiency while at the same time increasing
services to the residents of Winter Springs.
We all had our different ideas on how this could be accomplished, but in the final
analysis, we came together and hopefully, once again claim title to having the lowest
tax rate of any city in Seminole County. No small feat indeed in today's times.
Finally, I urge each member to accept the RECOMMENDATION that the millage rate for
the 1994/1995 be set at 3.7626. Thank you all, signed John Ferring Commissioner.
Mayor Bush then opened the public hearing for the Tentative Budget. No one from the
public spoke. Mayor Bush closed the public hearing on the Tentative Budget and re-
convened the Commission Meeting.
Motion was made by Commissioner Torcaso that we adopt the Millage Rate 3.7626.
Regular Meeting, City Commission, Sept. 12, 1994
Page 2
93-94-24
Seconded by Commissioner Langellotti. Discussion. In discussion Commissioner
Gennell said she has a problem with decreasing the ad valorem taxes. She said we
are facing a multitude of unpredictable expenses this year, and she said she thinks
it would be unfair to the people and irresponsible for the Commission to lower their
taxes right now and then have to maybe hit them harder next year. The Finance
Director explained there are approximately $670,000 in reserves in next year's budget.
Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Langellotti,
aye; Commissioner Gennell, no; Commissioner McLeod, no; Mayor Bush, aye; motion
carried.
Motion was made by Commissioner Torcaso to adopt the amended Tentative Budget.
Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner
Langellotti, aye; Commissioenr Gennell, no; Commissioner McLeod, no; Commissioner
Torcaso, aye; Mayor Bush, aye; motion passes.
Public Hearing and second reading of Ord. 565, adopting Statewide Mutual Aid
Agreement for Catastrophic Disaster Response and Recovery, etc.:
Motion was made by Commissioner Torcaso to read Ord. No. 565 by title only on
second reading. Seconded by Commissioner Langellotti. Discussion. Vote on the
motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso,
aye; Commissioner Langellotti, aye; motion passes.
Attorney Kruppenbacher read Ord. No. 565 by title only. Mayor Bush recessed the
Commission Meeting and opened the public hearing. No one spoke for or against the
ordinance. Mayor Bush closed the public hearing and reconvened the Commission Meeting.
Motion was made by Commissioner Torcaso to adopt Ord. No. 565. Seconded by
Commissioner McLeod. Discussion. Vote on the motion: Commissioner McLeod, aye;
Commissioner Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye;
motion passes.
Public Hearing and second reading of Ord. 567, proposing an Advisory Referendum
Ballot Question regarding ambulance service, etc.:
Motion was made by Commissioner Langellotti to read Ord. No. 567 by title only on
second reading. Seconded by Commissioner Torcaso. Discussion. Vote on the motion:
Commissioner Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye;
Commissioner McLeod, aye; motion passes.
Attorney Kruppenbacher read Ord. No. 567 by title only. Mayor Bush recessed the
Commission Meeting and opened the public hearing. No one spoke for or against the
ordinance. Mayor Bush closed the public hearing and reconvened the Commission
Meeting.
Motion was made by Commissioner Langellotti to approve Ord. No. 567. Seconded by
Commissioner Torcaso. Discussion. In discussion Commissioner Gennell said before
she said she did not think we have enough information to put this before the public
and she still feels that way. Commissioner Langellotti said Casselberry is very
happy with theirs; Altamonte Springs is going to do their own and Orlando is also
going to have their own ambulance service. He said he thinks it is something we can
give to the citizens of this City. He said its not free, there could be a slight
charge to all the people. Vote on the motion: Commissioner Langellotti, aye;
Commissioner Gennell, no; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion
passes.
Regular Meeting, City Commission, Sept. 12, 1994
Page 3
93-94-24
First Reading of Ord. No. 568, vacating, abandoning and closing a portion of an
unnamed right of way as shown on the plat of D. R. Mitchell's Survey (Vacation of
Second St.) etc.:
Motion was made by Commissioner Torcaso to read Ord. No. 568 by title only on first
reading. Seconded by Commissioner Langellotti. Discussion. Vote on the motion:
Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Langellotti, aye;
Commissioner Gennell, aye; motion passes.
Attorney Kruppenbacher read Ord. No. 568 by title only.
Oviedo Crossing, Substantial Deviation to Development of Regional Impact-Discussion
and Tipton proposal:
Attorney Kruppenbacher explained it has recently been learned that the City of Oviedo
is proceeding forward regarding the property that would encompass the proposed mall.
It has also been learned that the mall was proceeding with DRI changes.
Mayor Bush asked Mr. Tipton, of Tipton & Associates, the City's transportation consul-
tants if he could identify what he has learned at this point about the changes in
the DRI from what he originally analyzed for this City's benefit regarding punching
into Winter Springs Boulevard by that mall and what changes are being proposed.
Mr. Tipton said he finds in the information that has been submitted for the sub-
stantial deviation that the traffic generation for what is being proposed now is 25%
higher than what he was responding to when he met with the Commission the last time
concerning the proposed mall project. He said they have an approved DRI right now.
He said if their substantial deviation were approved as is being requested right now,
it would be an 85% increase over the traffic of the approved DRI that is currently in
place.
Motion was made by Commissioner Gennell to determine that an emergency exists to
justify the waiving of the bidding requirements and to authorize the City Manager
to enter into an agreement with Tipton & Associates at their standard hourly rates
for the purpose of working with the city to deal with any traffic issues that are
addressed to them regarding the Oviedo Crossing and to report back to the Commission
when two thirds of the budget of $15,000 is hit so they have a status report to the
Commission of what is going on at that point. Seconded by Commissioner Langellotti.
Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye;
Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes.
Mayor Bush said he would like to ask the Commission to consider starting formal
negotiations with Oviedo and the County to see what other options are available
other than the only one we ever hear which is crossing that easement and opening
the road onto Winter Springs Boulevard. Mayor Bush said there has to be other ways
to solve the traffic problem. He said if we can get the three agencies working
together rather than all working independently maybe we can come up with a solution
that everybody is happy with. Mayor Bush said he would like to see us become pro-
active on this and try to work towards a solution that Winter Springs is happy with
and Oviedo is happy with also.
Attorney Kruppenbacher asked the Commission if they have any objection to the Manager
proceeding to discussing with the unidentified parties the concept of a mall on SR 434?
The consensus of the Commission was no objection. Attorney Kruppenbacher explained
the Commission is only authorizing the Mayor to have discussions but to make no
representations.
Regular Meeting, City Commission, September 12, 1994
Page 4
93-94-24
Manager Govoruhk explained Mr. Gosline, Community Development Director, has been
designated to work with the County and Oviedo on all the projects on SR 434, Battle
Ridge, and the Oviedo project. Mayor Bush asked the Manager to have Mr. Gosline
summarize the information for the Commission and the Mayor.
YMCA Request for Agreement Renewal:
Ed Thomas, Director, e~plained after approximately four months the YMCA Intercession
Program at the Winter Springs Civic Center at Sunshine Park, they would like to share
with the City a summary report of the number of Winter Springs residents served, the
amount paid to the YMCA and a request to continue to use this agreement as was agreed
upon at the January 19, 1994 City meeting.
Mr. Thomas discussed the areas of concern expressed by City staff. One concern was
the cleanliness of the facility; another concern was that allowing the YMCA to use
the center on an ongoing basis that it changes the intended purpose of the functional
use of the facility; the third concern is continued use of the facility by the YMCA
as a child care functioning facility will require amendments be made to the facility
and/or its exterior which changes the initial intent for use and the final area of
concern was the extension of the contract.
Don Wilson, Parks & Recreation Director, also spoke about the concerns.
Motion was made by Commissioner Langellotti that we put this off for our next City
Commission Meeting. Seconded by Commissioner Torcaso. Discussion. Attorney
Kruppenbacher explained that by putting this off means the YMCA is to meet with
Staff and attempt to resolve the issues; he recommended what they cannot resolve to
be itemized so that it is known exactly what it is that is not resolved.
Commissioner Gennell asked that the flinutes of January 24, 1994 be reviewed and see
that the presentation was for a year and it was for intercession schools and the
Commission approved presentation as presented.
Mayor Bush asked that when this comes back to the Commission that answers be given
to the questions that have been raised as how many are from Winter Springs, a
solution to the communication problem, the cleanliness problem, etc.
Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner
Torcaso, aye; Commissioner Langellotti, aye; motion carries.
Mayor Bush recessed the meeting at 9:45 p. m. and called the meeting back to order at
10:00 p. m.
Tuscawilla Parcel l4-C (Chestnut Estates)-Approval/Disapproval of Final Engineering
and Covenants (property located on both north and south sides of Winter Springs
Boulevard at Seneca Boulevard):
Mr. Carl Gosline, Community Development Director, explained this project is before
the Commission for final engineering and development plan approval. It is located
at Seneca and Winter Springs Boulevard. This project came before the Commission back
in April and at that time the Commission approved a preliminary development plan which
showed an entrance to the subdivision on Seneca. Subsequent to that there has been
some discussion of moving that entrance off of Seneca and relocating it onto Winter
Springs Boulevard. The Site Plan Review Committee met ten days or so ago and that is
their recommendation.
Regular Meeting, City Commission, September 12, 1994
Page 5
93-94-24
Mr. Gosline explained Staff recommended approval of the project subject to moving
that road from Seneca to lining it up with the piece of the subdivision to the south.
The Commission has in their packet a copy of the Master Site Plan and the landscape
plans. Staff recommends approval on page 2 of the Staff Report, with the recommenda-
tion that Street A be relocated to line up with Street C south of Winter Springs
Boulevard and there be no access to Seneca from the subdivision, and this is all
pending the City Attorney's approval of the deed restrictions, covenants and documents.
Mayor Bush called a recess at 10:10 p.m. and called the meeting back to order at 10:15
p.m.
Attorney Kruppenbacher explained when this project was proceeding forward after the
last stages the City Manager and himself had a conversation with Mr. Culp regarding
moving the alignment of the Winter Springs Boulevard, and Mr. Culp advised them he
had no problem if that is what the Commission so desired.
Attorney Kruppenbacher said he has been advised in the last ten minutes that somehow
our traffic engineer, Mr. Tipton, has been retained by this developer to give informa-
tion that may not be in accordance with Staff's recommendation. He said two years
ago it was his recommendation to this Commission that our consultants, whether they
be lawyers, traffic engineers, etc., they represent the City and they do not represent
anyone who comes before this City. He said he would advise Mr. Tipton in writing
that we do not have our consultants represent people because it taints the entire
process and more importantly, it taints the public's right to have confidence in the
Commission that they are taint free.
Mr. Scott Culp, president of Vision Developers, said he was representing the current
owners of Parcel l4-C. He said just to remind everyone of the condition of approval
with regard to this property, the Settlement Agreement which adopts the land use for
this property provides for the approval of 125 ~nits on this piece of property which
would equate to approximately 3.89 units per acre. He said the proposed use that they
have moved forward with is a total of 51 units with the addition of lot 25 where the
proposed roadway was at one point which is a little over l~ units per acre. The plan
they have proposed has 33% of the entire property in conservation and preservation
space. They also have 33% of each lot in open space based upon the setbacks and they
have additional open space for the retention areas.
Mr. Culp said they want to make a presentation tonight because their engineer of record
is not comfortable with the location that has been requested. He said they have asked
their engineer of record and a traffic consultant to address that and their legal con-
sultant to address the issues with regard to this entrance.
Attorney Kruppenbacher recommended this be tabled because he did not know what the
traffic consultant was going to say and the Winter Springs Boulevard is a hot topic
right now.
Motion was made by Commissioner Gennell that we table this until the next Commission
meeting. Seconded by Commissioner McLeod. Vote on the motion: Commissioner Torcaso,
no; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod,
aye; motion carried.
Tuscawilla Parcel 51 (Arrowhead Unit 2) (Also known as Parcel 9) Approval/Disapproval
of Final Engineering and Covenants (property located on souths ide of Winter Springs
Boulevard between Tuscawilla Country Club and August National Boulevard):
Regular Meeting, City Commission, September 12, 1994
Page 6
93-94-24
Don LeBlanc, Land Management Specialist, explained this is substantially the same
engineering plans that were approved on April 25 and Staff recommends approval for
these 28 lots, contingent upon the City Attorney's approval of the covenants and
restrictions.
Motion was made by Commissioner Langellotti that we approve Parcel 51 Final
Engineering(subject to the City Attorney and Mr. Mikes getting together and
working through any covenant issues the Commission previously identified).
Mr. Mikes said the documents that have been prepared provide for a sum of about
$28,000 that will be put into an Escrow Fund to be turned over to the homeowners
at the time of the turnover whenever that occurs. So that will be a guarantee of
$28,000 plus whatever interest accrues.
Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye;
Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes.
Mr. Mikes asked to put on the record, to make certain this is done when Unit 1 is
done, he said they have depicted Tract A which is to be deeded subject to the
approval of the Country Club Village Homeowners Association. If they want that
tract deeded to them it will be deeded to them. There is a letter that exists,
which is about a year old, where Mr. Mikes said he agreed that he would do certain
things, and, he said, that letter we will live by, subject to the new board that is
going to be elected agreeing that those are the items that they still want, which
included the possibility of putting a brick wall behind some of their homes. Mr.
Mikes said whatever was in that letter he would agree to do that, and he is putting
that in the record and that will be part of his committment to do that and whatever
else is on there.
Mr. Mikes also explained as they work on Tract A they will probably construct a new
entrance sign for Country Club Village with their agreement that after they see the
wall and the gates that are put on the 28 lots, the hope would be that they would
design something that would be consistent with that wall and the wall at the Tusca
Oaks entranceway so that whole intersection will take on some continuity.
Solid Waste & Recycling Interlocal Agreement with Seminole County:
Motion was made by Commissioner Torcaso to approve the lnterlocal Agreement.
Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner
Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes.
Metropolitan Planning Agency (MFO) Reorganization:
Mr. Gosline explained this was brought before the Commission as an informational
item. The MFO is the agency that doles out all the highway money for the metro-
politan area and they are in the process of reorganizing, and Mr. Gosline said
he wanted to provide the Commission with the information to take a position if
they needed to.
Harold Scott, Swan Street, stated basically you are not looking at representation.
You are looking at this agency seeking funding for reorganization. He said they
are not asking the Commission to propose somebody for representing the City. They
are asking the City to send them a letter or Seminole County a letter as they want
to increase their employment base by using additional participation by jurisdictions
in this area to the tune of fifty cents per person per capita and each adjoining
jurisdiction for the tax year 1995-96 and increase it to seventy five cents per
Regular Meeting, City Commission, September 12, 1994
Page 7
93-94-24
capita for 1996-97. Mr. Scott said this is done by having the City send a letter
supporting the additional tax assessment so that the County can impose a levy in
the amount of funds requested by the MPO. Discussion.
Mr. Gosline explained there are five recommendations that the restructuring committee
has made. 1 is to have a unified vision of a transportation plan; 2. is to separate
from the ECFRPC; 3. hire the executive director; 4. it is time to get serious about
funding this kind of operation to the tune of .50 per capita; 5. add airport
authority to the MPO Board.
Commissioner Langellotti said he would take this up with Mr. Dowling on Wednesday
and come back with a report. There was a consensus of the Commission.
City Attorney Frank Kruppenbacher:
Motion was made by Commissioner Torcaso to place on the agenda and read by title only
Ord. 569, franchise Ordinance with Sprint/United Telephone. Seconded by Commissioner
Gennell. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner
Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion
carried.
Attorney Kruppenbacher read Ord. NO. 569 by title only on first reading.
Attorney Kruppenbacher said when
will make a report at that time.
session regarding bargaining. He
the union out and the credit goes
the wage and hour issue is totally reconciled he
He said there is a need to have an executive
said last week the police officers voted to throw
to the Police Chief and City Manager.
Attorney Kruppenbacher asked the Commission if they agree with him they do not want
their consultants representing anyone that does business, and all agreed.
Attorney Kruppenbacher said he sent a copy of a proposed change regarding height
restrictions and he was advised the other department heads had not gone through
that document. The issue that was discussed was that the Commission had not seen
all of those changes and there was a discussion about the protocol of the Staff to
take proposed changes off to the Boards before the Commission gets a look at it.
Attorney Kruppenbacher recommended once something is authorized to proceed through
the channels by the City Manager, then it works its way up whether you have seen it
or not. At that point you have to rely on the judgement of the Manager and Staff;
if he deems it is something significant that you ought to see it before he ever goes
off policy or is recommending a change, that you will hear about it before it gets
into the hopper. He said again, the Staff does it, and it does not leave the Staff
until the Manager signs off and says its authorized to leave the Manager. It will
go to the Boards and they will work their way up to the Commission, and then the
Commission will evaluate it.
City Manager John Govoruhk:
No reports.
Commission Seat III - John Langellotti:
Commissioner Langellotti spoke about the new emergency number the City has; he asked
if the City has an ordinance about putting trash out on Sundays and is not picked up
until Thursday. Mayor asked Manager Govoruhk to do a little research on this.
Regular Meeting, City Commission, September 12, 1994
Page 8
93-94-24
Commission Seat IV - Cindy Gennell:
Commissioner Gennell asked the City Attorney to bring back an ordinance on a
moratorium on billboard signs along SR 434 until we get our Land Development Code
changed.
Commissioner Gennell said she would like to go to the NLC Convention in Minneapolis
the first week in December because there are some seminars she would attend and
bring back information the City can benefit from. She said there is over $4,000 in
the travel and per diem line code and some of that money would have to be moved into
the Dues and Registration Line Code.
Motion was made by Commissioner Gennell that we move the necessary funds from the
Travel and Per Diem Line Code to Dues and Registration Line Code so there is sufficient
money available under both those line codes for Commissioner Langellotti and Commissioner
Gennell to go to the NLC Convention in Minneapolis November 29th to Dec. 5th. Seconded
by Commissioner Langellotti. Discussion. Commissioner Langellotti withdrew his
second. Motion was seconded by Commissioner McLeod. Vote on the motion:
Commissioner Torcaso, no; Commissioner Langellotti, no; Commissioner Gennell, aye;
Commissioner McLeod, no; motion fails.
Mayor Bush said it needs to be resolved, there needs to be a policy on how the
travel money should be spent. Manager Govoruhk said it is specified in next year's
budget how much money can be spent.
Attorney Kruppenbacher reported that he and Commissioner McLeod attended the meeting
with the residents of the Ranchlands. There is a tape of that meeting and a copy
has been provided to each Commissioner. He said Commissioner McLeod did an
excellent job in following the exact guidance and parameters within which the
Commission authorized that meeting to proceed forward. He said it was a positive
meeting and the Commission was well protected at that meeting.
Commission Seat V - David McLeod:
Commissioner McLeod said he feels the meeting enlightened many people. He asked the
Manager if the Utility Director has answered his memo regarding a water and mosquito
problem in Oak Forest. Manager Govoruhk said the letter from Mr. Lockcuff should be
in Commissioner McLeod's box.
Commission Seat I - John V. Torcaso:
Commissioner Torcaso spoke about Commissioner Gennell and that he didn't expect her
to take over all the worries and problems of the City.
Mayor's Office - John F. Bush:
Mayor Bush complimented Manager Govoruhk on his letter to Mr. Castine from Burgos Road.
Mayor Bush announced that Congressman Mica will be holding a town meeting here at
City Hall on September 17th. On the 15th the County will be hold a meeting at Indian
Trails Middle School on the widening of Tuskawilla Road.
Mayor Bush spoke about the Tuscawilla taxing district. Attorney Kruppenbacher
explained the Commission decided they were not going to take any action because
the Manager said the City could handle the issue. Manager Govoruhk said we have
a private enterprise out there doing the mowing, etc.
Regular Meeting, City Commission, September 12, 1994
Page 9
93-94-24
Mayor Bush said the Mayor's office has funds called the promotional budget and he
would like, with Commission's consent, to develop an award for an outstanding senior
citizen in our City each year. The Commission was in agreement to do this.
Commissioner Gennell said for the record, that Commissioner Torcaso remembers some
things that Mary and I have no knowledge of.
Meeting adjourned at midnight.
Respectfully submitted,
~T~
Mary T. Norton,
City Clerk
Approved:
~~
,MAYOR