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HomeMy WebLinkAbout1995 02 13 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS FEBRUARY 13, 1995 The Regular Meeting of the City Commission of the City of Winter Springs was called to order by Mayor John F. Bush at 7:30 p.m. For the invocation Mayor Bush asked for a moment of silent prayer. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Langellotti, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Ferring, present Cindy Gennell, present David McLeod, present Approval of minutes of Special Meeting ofJanuaI)' 16. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of the Special Meeting ofJanuary 16, 1995. There were no additions or corrections to the minutes of the Special Meeting ofJanuaI)' 16, 1995. Minutes stand approved as presented. Approval of minutes of Regular Meeting of JanuaI)' 23. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of the Regular Meeting ofJanuary 23, 1995. There were no additions or corrections to the minutes of the Regular Meeting ofJanuaI)' 23, 1995. Minutes stand approved as presented. Approval of minutes of Special Meeting ofJanuaI)' 30. 1995: Mayor Bush asked ifthere were any additions or corrections to the minutes of the Special Meeting ofJanuary 30, 1995. There were no additions or corrections to the minutes of the Special Meeting ofJanuaI)' 30, 1995. Minutes stand approved as presented. PUBLIC COMMENT Monique Clair Branton, Seneca Boulevard, thanked the Commission for the manner in which they have dealt with the complex and difficult issue of the mall connector road. Harold Scott, Swan Street, spoke regarding a plan of action to be taken, this action has been promoted by certain activities by this electorate body. Recognized as past problems that have existed and allowed to continue to exist, deteriorate and finally have reached a stage where we feel that action must be taken on behalf of the citizens of the City. Since the Commission cannot clean up this situation and the existing problem;. we shall ask and proceed to the State Attorney's office to assist in filing a complaint against. the entire elected body. By doing this we feel that it will leave no stones unturned, this could also dwell into past staff activities, past or present and any orgiznation or individual outside the City employment that could have contributed to some of these various activities. We simply will supply the documentation to the State and let them draw their own Regular Meeting City Commission February 13, 1995 94-95-11 Page 2 conclusion. Mr. Scott stated he will explain briefly the events that led to this decision. On May 16, 1994, a special meeting was called to address such issues as Sunshine Laws, the Charter, the function of the Commission as to an everyday conduction of the daily business, which was a that time a question because some element of uncertainty of the responsibility of who runs this City on a daily basis. Not all elected members were present at that meeting, but shortly thereafter there was an ordinance that was passed and voted on; and thinks that vote was 3 to 2. On January 30, 1995, the same type of meeting was called to order, item 4 on the agenda "Review of the Sunshine Law, City Charter, Commission Procedures and new laws, etc.". I believe that the City Attorney had Mr. Holmes from the State Attorney's office for a presentation that evening, this meeting was cancelled because the lack of elected officials to participate in that meeting. What really spun this into action and brought it to it's finality for this action was the meeting that was held on February 6, 1995. This was a joint P&Z and Commission meeting, that meeting triggered and actually put into the "pot" some documentation which it blatantly points to some of the obstruction of City business authorized by this Commission and directed to be done by this Commission. As part of the material to be turned over to the State Attorney's office, and they can arrive at their own conclusion. There are also two tapes that will be turned over to the State Attorney's office at this time and we'll ask the City Manager for the cooperation of the following: 1. We are requesting a log of the duplicates issued from the meeting of 12-12-94; and ask that not more than one more duplicate be allowed to be made of that tape in order to save it's integrity for audio enhancement. It will involve removing the tape from the building and taking it to the lab and at that time there will have to be a police officer in it's presence at all times. The second tape is the tape of 2-6-95, both tapes are to be attested to as to their originality, in other words, they are to be original tapes, they are to be placed in a sealed package, witnessed and put in a safe place. Mr. Scott stated the City Manager's responsibility in this area, Chapter 116 - The City Manager has the sole and armament authority in not only the maintenance, reproduction, storage, producing, anything of public record; that is why we are asking for his cooperation on this. Mr. Scott quoted chapters from the Florida Constitution and Governing and Statutory Law; Chapter 165 - Formation of Municipalities Act; Chapter 166 - Municipal Home Rules Power Act; this would be the controlling elements which directs the conduct of the municipality as an entity. Chapter 906 of the City Charter. Mr. Scott stated that it only takes 1,204 qualified voters to address action for Referendum by petition; that petition could encompass a broad scope as long as it does not affect emergency procedure, appropriations of money or the levying of taxes and also, Chapters 287, 112 part 3. This whole action has to do with the City Charter and the effect of the City Charter and what it's responsibility is; actually when the Commission took their oath, they actually swore to Section 13.05 of the City Charter which placed it under State Law. Mr. Scott said the proposed plans on this is, is a promise that will not be broken. It is plain facts, and good common sense and if you can't do it we can do it. Discussion. Mr. Scott said that the Commission is not doing what they are suppose to be doing and he is not attacking any issue, and Regular Meeting City Commission February 13, 1995 94-95-11 Page 3 land issue, any ordinance or anything~ what he is attacking is the internal problems within this City. The misguided information coming forth from this Commission to the public is no longer acceptable. There is too much information coming outside of this City, through Staff, into various areas that shouldn't be, and there is documentation where representation of this City has gone on completely circumvented this Commission. This is where he is and the other two people that are involved in this are coming from. You cannot deny the citizen's rights and you cannot abridge them, that is Constitutional Law. Discussion. Mr. Scott also stated to the City Manager that he will need a copy of the June Ordinance and a log of anybody that requests the minutes and the tapes of this meeting. Commissioner McLeod stated for the record so Mr. Scott will understand~ last year when that particular meeting was called he could not attend because six months prior to that he had to make a several thousand dollar commitment to be in Chicago and stated that he tried to get out of it and he even had conversation with the City Manager about it and stated he wasn't able to be there. Commissioner McLeod then stated that the other evening the reason he wasn't there exactly at 7:00 p.m. was because he thought the meeting was at 7:30 p.rn. and said that he was here at 7: 12 p.m. and unfortunately the meeting had already been postponed. Commissioner McLeod stated that to say the officials really don't want to take the responsibility, is not all the truth. Commissioner Conniff stated that he was the second person not at this meeting and that he had just gotten out of the hospital. Kathy Cowden, realtor with Realestate Professionals, representing Ms. Clara D. Joyce, who owns the property at 1205 Orange Ave., Winter Springs. Ms. Cowden stated that they filed all the proper documents for a change of zoning to R-3, to conform with the requirements of a contract, at the recommendation of City Staff. Ms. Cowden also stated that on three different occasions in the meetings of this City Commission have not been heard for no reason that was ever explained to them and it has been continued three times. On December 29, 1994, we were requested to come to a meeting to try and arrange a compromise of some sort because a few neighbors decided that they didn't want this change of zoning. Therefore, someone in the City came up with a creative plan that instead of changing the zoning to R-3 that the City could change the approved uses ofR-U, which is the current zoning, to allow an ACLF, and at the time of the meeting that is what was going to be proposed in the Ordinance~ and therefore it met the requirements of our contract and we went along with it. Sometime prior to the next public meeting, which was with the Planning and Zoning Board some limitation of the number of residents that could be in this new approved use ofR-U can forward which was in fact six residents per acre owned. This was not ever agreed to in the initial meeting and furthermore, six residents are allowed in any single family home anywhere in the State. You can have six residents in any single family residence for an ACLF as long as they area not within a thousand feet of another similar home. So to put a limitation of six residents in this R-U zoning didn't accomplish anything for our buyer and due to the limitations and going beyond our deadline with the delays, we are now out of contract. We would like to have some action on this and I think that at Regular Meeting City Commission February 13, 1995 94-95-11 Page 4 least a hearing on the zoning amendment is due tonight but we have yet to have the first reading 0 the request ofR-3 zoning that we filed three months ago. Commissioner Ferring stated to the best of his knowledge, this Commission has tried to cooperate one hundred percent with the needs of Ms. Joyce. Commissioner Ferring read from a letter from Mr. Reischmann, Ms. Joyce's Attorney which stated that it would be necessary for the density to be increased to six residents per acre owned to meet the requirements under the existing contract between Ms. Joyce and her purchasers. Attorney Kruppenbacher said we have asked before this meeting that you table this item until the next meeting. Mr. Reischmann's letter cancelling the ACLF request came in a the end oflast week, not in time for your own procedures to put back on the agenda the R-3 request. At this time we have a request to go to R-3, we will put it back on the agenda for the next meeting and have the Commission entertain the process in the normal course of things. John Baker, Ponce DeLeon Drive, the City's Honorary Historian, spoke regarding the meeting he had with the City Manager in reference to the "Historical Storage Room" which took place on January 26, 1995. There was discussion regarding insurance on the building and Mr. Ketteringham stated that the City's insurance is in effect on the building. Mr. Baker also mentioned the historical items and furniture in the storeroom and stated that Mr. Govoruhk had explained that correctly speaking, the material was all my personal property as it had not been given to the City nor had the City accepted it. Mr. Baker said he checked with his own insurance agent and his agent clarified that as his personal property it was covered. Mr. Baker spoke about his coming and going to the storage room and about visitors. Mr. Govoruhk has said that the would put this item in a form of a question to the Commission on tonight's agenda. Mr. Baker stated that he specifically requests from the Commission permission that until the information regarding the bids is available for them to make a decision, that he be permitted to go in without feeling guilty, to work on the displays, cataloging etc.; and further requests to have permission that when he gets requests from individuals, to have permission to take the people there. Discussion. Mayor Bush asked Mr. Baker to put his request in writing to the City Manger so that he can review it and make a recommendation and then it could be placed on the agenda for a future meeting. GENERAL AGENDA Presentation by Mayor John F. Bush a resolution and plaque expressing appreciation to John V. Torcaso: Mayor Bush read Resolution 751 and presented a plaque expressing appreciation to John V. Torcaso. John Torcaso thanked the Mayor and Commission. Mayor Bushy said that items B and item #1 under the City Attorney's seat will be tabled until the next meeting. Motion was made by Commissioner Ferring to read Ord. 576,577,578 and Res. 755 by title only. Regular Meeting City Commission February 13, 1995 94-95-11 Page 5 Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Ord. 576 by title only. "An Ordinance of the City of Winter Springs, Florida, imposing a six month moratorium on the approval or issuance of licenses for the operation of adult entertainments within the City; identifYing Adult Entertainment establishments, providing for conflicts, severability and effective date. II Attorney Kruppenbacher read Ord. 577 by title only. "An Ordinance of the City Commission of the City ofWmter Springs, Florida, Amending Section 20-76 through 20-84, Code of Ordinances, City of Winter Springs, Florida, providing for conflicts and effective date. II Attorney Kruppenbacher read Ord. 578 by title only. "An Ordinance of the City of Winter Springs, Florida placing a six month moratorium on the construction an/or erection of any outdoor advertising display/billboard off-premises sign as defined by Section 16-77, Code of Ordinances, City of Winter Springs, Florida; and providing for effective date. II Attorney Kruppenbacher read Res. 755 by title only. "A Resolution providing for the division of one originally platted lot, hereinafter described once into no more than two parcels or lots pursuant to Section 9-3 of the Winter Springs Code of Ordinances entitled Dividing Platted Property, conflicts and effective date. II Public Hearing and Second Reading Ord. 576, Imposing a six (6) month moratorium on the approval or issuance of licenses for the operation of adult entertainments within the City; identifying Adult Entertainment establishments: providing for conflicts, severability. and effective date: Mayor Bush convened the regular meeting and opened the Public Hearing. Mayor Bush asked if there were any comments from the public regarding this ordinance. There were no comments from the public. Mayor Bush convened the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Ferring to adopt Ord. 576, imposing a six month moratorium on the approval or issuance of licenses for the operation of adult entertainment within the City. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. Public Hearing and Second Reading Ord. 577, Amending Section 20-76 through Section 20-84, Code of Ordinances. City of Winter Springs. Florida. providing for conflicts and effective date: Mayor Bush convened the regular meeting and opened the Public Hearing. Mayor Bush asked if there were any comments from the public regarding this ordinance. There were no comments from the public. Mayor Bush convened the Public Hearing and reconvened the Regular Meeting. Regular Meeting City Commisison February 13, 1995 94-95-11 Page 6 Motion was made by Commissioner Langellotti to adopt Ord. 577, amending Section 20-76 through Section 20-84. Seconded by Commissioner Conniff. Discussion. Attorney Kruppenbacher stated he will bring back to the Commission another ordinance on the Board of Adjustment, there area other provisions in the Code that deal with the Board of Adjustment in other areas. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring; aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Public Hearing and Second Reading Ord. 578, placing a six (6) month moratorium on the construction and/or erection of any outdoor advertising display/billboard off-premises sign as defined by Section 16-77, Code of Ordinances, City of Winter Springs, Florida; and providing for effective date: Mayor Bush convened the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there were any comments from the public regarding this ordinance. Mike Schrimshier stated that he has an application in for a billboard to take the place of one that was recently removed from his property. Attorney Kruppenbacher stated it is our legal recommendation with regard to that application for the replacement billboard that it be grandfathered in. There are no other pending applications at this time. Discussion. Attorney Kruppenbacher stated for the record this is a one billboard application. Commissioner Gennell asked about the length of the permit. Attorney Kruppenbacher stated that permit is good for two years. Commissioner Gennell said if in the process of the visioning, the Visioning Committee decides and the Commission approves, that they doni want billboards on there at all, could we not make them phase out? Attorney Kruppenbacher said that there are procedures for phasing out billboards, there is compensation associated with that and he will get that research for the Commission. Attorney Kruppenbacher stated that City's do have the authority for buying out billboards as a way of improving and he will work it through for the Commission. Discussion. Mayor Bush convened the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Langellotti to adopt Ord. 578, placing a six month moratorium on the construction and/or erection of any outdoor advertising display/billboard off-premises sign as defined by Section 16-77 Code of City Ordinances; with the understanding that the application made by Mr. Schrimshier is grandfathered in. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennelt: aye. Motion passes. Lot Split - Request of Lam or and Adrianne Milam to split Lot 8, Block B, North Orlando Ranches Section 3 (south side of Panama Road, between Moss Road and Edgemon Ave.) 1. Resolution 755, providing for the division of one originally platted lot. conflicts and effective date: Mr. LeBlanc stated that the Engineer, Building Official and Utility Director have checked the Regular Meeting City Commission February 13, 1995 94-95-11 Page 7 property and said they have no problems with this. Motion was made by Commissioner Conniff to adopt Res. 755, providing for the division of one originally platted lot. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye~ Commissioner Conniff: aye~ Commissioner McLeod: aye~ Commissioner Gennell: aye~ Commissioner Langellotti: aye. Motion passes. SouthemBell - Request for term of Franchise: Larry Strickler, representative of SouthemBell, stated that the City passed a Franchise Agreement a couple of years ago which authorized SouthemBell to collect 1% of the recurring local revenues, which is collected as a franchise fee and turn it back over to the City. That is allowed by State Law at a 1 % maximum, however, we do not have a franchise agreement, an agreement applies both parties in a mutually agreeable situation. Mr. Strickler stated that he is here tonight to try to encourage the Commission to agree to a term on a franchise agreement. There is no problem from SouthemBell's standpoint, our Attorney and your Attorney agree on the wording of the contract, but we still need a term. It is very good business to have a term of a contract, it is also good business to have a term that is reasonable in length so that you and I don't get into the business of negotiating franchises too often. One of the biggest things in the franchise agreement is that SouthemBell operating in the R-O- Ws would indemnifY the City in case we were sued for any reason working in the R-O-W. Without an agreement, we do not indemnifY you, that is a major liability issue, that may never happen but why take the chance. I am recommending that you do something similar as the City of Lake Mary did and that is in essence a 7 year agreement~ it is a 15 year agreement with a 7 year reopener. I would like to see you take the franchise agreement, which has not been signed by either party and agree to a 15 year, 7 year reopener for that agreement and let's get on with business. Commissioner Ferring stated that on Oct. 10, 1994, we had the second reading of the Ordinance that we were proposing with SouthernBell, there were two members of the Commission absent~ the vote was two to one to adopt the ord., unfortunately it required a majority of at least three to make it effective so the ordinance was not adopted. Discussion. Commissioner Ferring stated that he urges the Commission to consider that we don't get locked into any long term contracts. Much discussion on the franchise agreement. Attorney Kruppenbacher stated that he recommends at this point to take no action and Mr. Strickler and his attorney and he will talk and will report back to the Commission at the next meeting. I.W.S. - Up-date status of new ownership by B.F.I. and service problems: AI Krump, Municipal Market Developer for B.F.I., Charles Wilson, I.W.S., and Lloyd Watkins, B.F.I. were present to represent their company. Mr. Krump gave the Commission background information on his company and information on their Regular Meeting City Commission February 13, 1995 94-95-11 Page 8 recent purchase of the stock in Atwoods, the parent company ofI.W.S. Mr. Krump stated that presently Atwoods remains a legal corporate entity and I.W.S. is still wholly owned by Atwoods. However, in the near future we may ask to come before this Board again and respectfully request that the contract be assigned to B.F.I. We understand the terms and conditions of the contract and we have no intentions of asking for any changes to the terms and conditions. We have insurance and bonding capabilities that far exceed the City's requirements, and we would certainly want to assure the Commission and citizens of Winter Spring that our first and foremost priority would be to continue the provision of good quality service. When we do come before the Board, your favorable consideration to this request would be much appreciated. Commissioner Ferring asked the Attorney if it would be possible for him to do the research on this particular contract and be able to come back to the Commission. Attorney Kruppenbacher said yes. Commissioner Langellotti asked Mr. Krump if they area going to continue to take care of all the complaints that have been coming through I.W.S. Mr. Krump stated yes; there have been two changes and with the merger of the two companies there were some problems. Since the first couple of weeks of the start up, the best of his knowledge the problems have been resolved with the service. Commissioner Conniff mentioned that he went and talked to people in his district and asked them what their problems were with I.W.S. Commissioner Conniff stated that he talked with 25 different people and 24 of them said they really didn't have any problems with the service. The only complaints wee that sometimes the service comes at six in the morning and sometimes at six at night. Everyone seems relatively pleased and if you continue to give the service that you have shown in the past, he has no problems. Manager Govoruhk stated that within the last two weeks he has only received one complaint. Commissioner Ferring said there are some legal issues that he is presently researching and based upon his legal research and his discussions with our Attorney, he will be in a better position to make his comments known by the time they come back before the Commission again. Conformation of Districting Commission members as appointed by Mayor and Commission: Motion was made by Commissioner Langellotti to confirm the appointments of the Districting Commission. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye. Motion passes. Mayor Bush announced the members of the Districting Commission: Kathlene Roy; OJ. "Skip" Drumheller, Bruce Coxe, Ken Haines, Gene Lein, Vernon Rozelle and Lee Ferguson. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher stated that the City of Oviedo has filed their condemnation action and it is Regular Meeting City Commission February 13, 1995 94-95-11 Page 9 before Judge Benson. Attorney Kruppenbacher stated that the City Manager has written a letter to the Department of Community Affairs Secretary Shelly confirming the City's position regarding this matter. All the different elements are in place to defend, and I will advise you that it is my recommendation that given the kind of expense the public would have to incur in this case that you permit me to convey to the opposing lawyers that we have no opposition to continuing to attempt to mediate a resolution to this matter; with the Court appointing an outside mediator to do that. Commissioner Ferring said in regard to the inter-local agreement we have with the Council oflocal Governments it mandates that mediation should be the first step before going into the litigation process. Attorney Kruppenbacher stated that he believes that the parties attempted to comply with that by the dialog and negotiations that took place prior to filing of the law suit. All I'm representing to you and I think it assures the spirit of compliance is that I'd like to take the formal position that we are prepared to permit the Court to appoint a professional mediator to sit and bring the parties together and see if there is not a resolution to this issue. Discussion. Mayor Bush said the City Attorney is asking for the Commission's consent to discuss having a Court appointed mediator. It was the consensus of the Commission to have the Attorney request mediation. City Manager John Govoruhk - Reports: Manager Govoruhk stated that Donald LeBlanc has been assigned to work with the County on the agreement with us and as soon as they have their first meeting we will give the Commission and up- date. Manager Govoruhk mentioned the property on Fairfax and First Street and that the Commission has a copy of the letter from Kip Lockcuff which states that will be put into the budget and into the master plan and will come back to the Commission at that time as to what will be the best recommendation for that property. Manger Govoruhk also stated that a letter went out to all the residents that wrote about the TimeWarner Cable rate increase on the proper procedure on how to respond to that. Manager Govrouhk stated that a the next meeting there will be an up-date on the paving and drainage survey throughout the Ranchlands. Attorney Kruppenbacher mentioned that at the Special Meeting that was called to cover the Sunshine Law, City Charter, the Jennings case and handling of zoning issues and any other up-dates that we want to cover with you legally, and that we would at this meeting announce the rescheduling of that meeting. Discussion. It was the consensus of the Commission to hold the Special Meeting on February 27, 1995, at 4:00 p.m. and the Regular Meeting on the same date at 7:30 p.m. Commission Seat II - John Ferring: Commissioner Ferring stated that the Commission has received copies of the pension request Regular Meeting City Commisison February 13, 1995 94-95-11 Page 10 regarding upgrading of certain section of the pension plan and asked if this could be put on the agenda. Manager Govoruhk stated that it will be put on the next agenda. Commissioner Ferring mentioned that it has come to his attention regarding the performance of our emergency services in the City. Many Cities that he has been involved with and has had experience with usually have in place a system of meritorious acts of valor, where an individual employee who performs a meritorious act of valor or meritorious act, is recognized by two ways. First that persons is put in for that particular meritours act and is placed before a peer review committee to discuss whether the act was of a nature that the mertiourous act was indeed what is was specified as. Upon such doing, this particular individual is granted a certain type of meritorious classification and usually a campaign ribbon is associated with that meritorious act that can be worn with honor on their uniform. Along with that there is usually a certain benefit that is derived from that for the value of how that meritorious act come, the highest being given the greatest credence and the lowest given the least credence, in respect to promotional opportunities. Commissioner Ferring asked the City Manager to look into this and come back with information for the Commission. Commissioner Ferring gave a presentation to the Commission regarding the widening of Tuskawilla Road project and his meeting with Randy Morris, Chairman of the County Commission.. Commissioner Ferring stated he put in each Commissioner's box on Friday, a complete report of what he has done on behalf of this Commission and Mayor regarding this project. Commissioner Ferring said that he was presented a petition signed with 900+ names and presented the petition to Mr. Morris. Along with the petition he gave Mr. Morris a list of 20 questions and went through the questions on a one by one basis. There was also a gentlemen there from the MPO, Mr. Mike Wilson, who gave a brief presentation before the meeting started. Commissioner Ferring said at the meeting the County Chairman proposed that the County was willing to go along on a partnership basis to help the City in areas that they felt they could help us legally and properly. The definitely made statements that they were not going to give us (the City) any money to build a wall. Mr. Morris explained that it would be quite an expensive project for the County to entertain a type of policy as far as letting Cities help build walls. However, what he did do and what we were able to put together was a prototype for the future and for the visioning for Cities starting with the City ofWmter Spring to be the model of what a corridor should look like. Mr. Morris stated that he felt that the could convince his Commission that they could put into the construction budget additional amounts of money mainly for the beautification of this corridor. We would work a north- south interlocal corridor agreement calling it "Gateway North and Gateway South" but it would be the model for what they feel they could do not only for the City of Winter Springs but be the benchmark for future projects in the County. The figures projected in Mr. Morris' letter to us notes that the County is willing to put two hundred and sixty thousand dollars towards the beautification of this corridor. That is basically what Mr. Morris felt would be the best approach he could give to his Commission and make recommendations. Regular Meeting City Commission February 13, 1995 94-95-11 Page 11 Commissioner Ferring stated that the MPO was more intent in talking about a wiser strip that would give bicyclists a right-of-way on the road itself When asked whether or not they as the MPO could contribute anything towards the cost of what would be incurred, they said they had no money~ the county also indicated that they have no money appropriated for bicycle paths. Discussion. Commissioner Ferring said he met with the City Manager and Statfregarding this proposal and the figures that were put forth on this issue. During this meeting I was asked to find out whether or not this money that the County is willing to put up can be escrow or in some fashion be subcontracted to the City of Winter Springs~ so that we can do our own beautification. Discussion. Commissioner McLeod said is what is needed now is that tomorrow you need to get back to their Commission to give them a yes or no. Commissioner Ferring said no, the Commission is going to have to decide whether they agree with the concept that they put forth as a proposal to further refine it with the Statfand Attorneys of both sides and the engineers from both sides and anyone else that is involved with this project. Commissioner McLeod said the wants to make sure that he is understanding this correctly: it is a concept the Winter Springs would do the wall or somehow it would get done through our entities and Seminole County would do the other half~ is this concept a feasible concept between this Commission and theirs? Commissioner Ferring said yes, we would have to work out what our end of it would be, whether it would be us taking on that obligation or working in control with the residents of the community etc. I think that is something we can further refine as we go along. Discussion. Commissioner Langellotti asked if the County is still planning to put sidewalks on both sides of the roadway. Commissioner Ferring said there will be five foot sidewalks on both sides of the corridor. Mayor Bush said Commissioner Ferring is bringing this before the Commission for their action and this will go to the County Commission tomorrow. We have to decide if this is something we want to do. Commissioner Ferring stated that he recommends that we consider this concept and indicate to them that we are willing to work along with this if we can work out all the questions involved that are being raised here tonight. I am sure they are more than willing to sit and discuss whatever our concerns area but we have to give them an indication as whether we want to work inter-governmental and cooperatively. This is the concept and it is up to you as a body whether you want to go along with this concept or you are not interested. Commissioner Gennell commented on bike lanes and stated that she would like to see if the Commission can agree to perhaps approach the County on widening the sidewalks to accommodate the children more safely. Mayor Bush stated that he needs a motion to extend the meeting beyond 11 :00 p.m. Regular Meeting City Commission February 13, 1995 94-95-11 Page 12 Motion was made by Commissioner Langellotti to extend the meeting beyond 11 :00 p.m. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; commissioner Langellotti: aye; Commissioner Gennell: aye; Commission McLeod: aye. Motion passes. Motion was made by Commissioner Conniff that this Commission send Commissioner Ferring to the County to proceed with the concept plan with the County Commission. Seconded by Commissioner McLeod. Discussion. Commissioner McLeod stated what we are passing on to the County is we are in agreement to look at the concept. Commissioner Gennell said she is not advocating that we hold them to the bike paths, and asked to encourage the County to widen the sidewalks a foot or so. Commissioner Ferring said he will relay that to the County Commission. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Commissioner Ferring said he will relay to Commissioner Morris that we are in favor of the concept as proposed. Commission Seat III - John Langellotti: No report. Commission Seat IV - Cindy Gennell: Commissioner Gennell stated that CALNO is asking us to nominate someone for a position on the Advisory Board for the Community Service Block Grant. They are asking for an elected official. Discussion. It was the consensus of the Commission to nominate Commissioner Gennell for the Advisory Board for the Community Service Block Grant. Commissioner Gennell asked the Attorney if the City an run the visioning process simulantianous with the Land Development Regulations. Attorney Kruppenbacher said yes, they are separate. Commission Seat V - David McLeod: Commissioner McLeod asked the City Manager what is happening a the present time with the investigation that this Board had requested to go on in the City. Manager Govoruhk stated that he has called the State Attorney and they haven't given us a definite date when they will come in and start. Manager Govoruhk said he will put it in writing again to the State Attorney. Commissioner McLeod also stated to the City Manager that he (the Manager) had made it pretty clear last year that at the end of September when his contract runs out that he had planned to retire and asked the Manager ifhe still is planning to do that. Manager Govoruhk stated that his plans are like anybody else's plans, it all depends, it changes from day to day and can't give a definite answer right now. Commissioner McLeod stated from a stand point maybe perhaps under your seat at the next Commission meeting to let the Commission know what his intentions are at the end of his contract. Because this Commission needs to go out an start soliciting for a City Manager if you Regular Meeting City Commission February 13, 1995 94-95-11 Page 13 intend to retire, as that takes 6-8 months. Even if your intentions are to retire, I would by all means ask you to stay on on a month to month basis until that portion of the seat was filled. Commissioner McLeod said he would like to have some direction as to what the Manger's intentions are so that the Commission will know what they need to do. Commission Seat I - Larry Conniff: Commissioner Conniff asked if there is any information available from the wage and hour that we have going. Attorney Kruppenbacher stated not at this time. Mayor's Office - John F. Bush: Mayor Bush mentioned that a citizen, who attends most of our meeting has done some research and found out that we can get a digital timer with a beeper at Walgreens for $4.95 and asked the Commission's approval to have the City Manager purchase a timer. We can then use the timer for public input to put some limits on this, if the Commission so desires. The Commission approved to purchase a timer. Mayor Bush also mentioned that Duda/Rouse area now making presentations on the mall to civic groups and they are going to be at the Winter Springs Rotary Club on the 24th; if anybody would like to come as my guest, who is not a member, he would be glad to invite them; this will be held at the Wedgewood Tennis Villas. The meeting adjourned at 11 :20 p.m. Respectfully Submitted, ~~~~ Margo M. Hopkins, City Clerk