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HomeMy WebLinkAbout1995 03 13 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION MARCH 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 7:05 p.m. The invocation was given by Dr. Craig Culbreth, First Baptist Church of Winter Springs. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Langellotti, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher COMMISSIONERS: Larry Conniff, present John Ferring, present Cindy Gennell, present David McLeod, present Approval of minutes of Special Meeting ofFebruaty 27. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of the Special Meeting of February 27, 1995. There were no additions or corrections to the minutes of the Special Meeting of February 27, 1995. Minutes stand approved as presented. Approval of minutes of Regular Meeting ofFebruaty 27. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of the Regular Meeting of February 27, 1995. There were no additions or corrections to the minutes of the Regular Meeting of February 27, 1995. Minutes stand approved as presented. PUBLIC COMMENT Walter Bogomill, Williams Road, spoke regarding a marquee sign for his office building located at 680 West S.R. 434. Mr. Bobomill stated he has been in contact with the Bldg. Dept. and was told that the Commission needs to look at the sign before approval. Manager Govoruhk stated that he would rather not have this on the agenda tonight, due to the fact that it has not gone to Staff, they have not gotten the wind calculations for the Bldg. Dept., it has not gone to the Land Development. Therefore I recommend not putting this on the agenda. Discussion. Mr. Bobomill said we are a financial institution and our tenants are CPA's and we are looking at a relatively speaking, vanishing tax period. Natalie Bogomill stated that she was told by Mr. LeBlanc just last week that we would go ahead and pass on the Staff meeting because I kept pressing the urgency and timeliness, we can't wait until the end of this month because our tax season is fleeting by April 15th. We derive a large part of our business from that and so do our tenants. Ms. Bobomill stated that she was not aware that this fell into a different category and that the Commission has to approve it. Discussion. Regular Meeting City Commission March 13, 1995 94-95-14 Page 2 Attorney Kruppenbacher stated he asked the City Manager if this is a sign within the umbrella of the moratorium and he advised that it is not a sign within that umbrella; the second thing I asked then if it is not a sign within the umbrella of the moratorium, what is the reason we are bringing it back to the Commission and the City Manager advised me-that this Commission had previously made a policy decision that you wanted every project on S.R. 434 to come back in front of this Commission. That is why this issue is in front of you. Attorney Kruppenbacher said that the City Manager is complying with your policy; if you all decide to authorize him to say that if his Staff considers this sign acceptable then we are fine and we stand behind your judgement and you can sign off on it, if you don't then it can be brought back at your next regular meeting for you, you have the ability to make that judgement. Discussion. Attorney Kruppenbacher stated that if the Commission wants to pass on it and say that we have no objection to this so that Mr. Govoruhk and his Staff can determine that it is in accordance with the Code, there is no legal prohibition to your doing that. Motion was made by Commissioner Conniff to allow the latitude of the City Manager to make the decision as to whether or not the sign is in accordance with the City Code. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mel Glickman, Aberdeen Court, President of the Highlands Homeowners Association, spoke regarding a drainage problem in a grassy area at Shepard and Sheoah Blvd. Mayor Bush asked the City Manager to look into this problem. Public Hearing and Second Reading Ord. 579 - Amending Subsection 7-46(b) Fire Prevention Code: Motion was made by Commissioner Ferring to read Ord. 579 by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Ord. 579 by title only. "An Ordinance of the City of Winter Springs, Florida, amending subsection 7-46(b), Chapter 7 of the Code of Ordinances, City of Winter Springs, Florida, providing for severability, conflicts and effective date. " Mayor Bush closed the regular meeting and opened the Public Hearing and asked if there was any input from the public regarding this ordinance. There was no input from the public. Mayor Bush closed the Public Hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to adopt Ord. 579. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Regular Meeting City Commission March 13, 1995 94-95-14 Page 3 Wage and Hour Issue: Attorney Kruppenbacher stated that he would like the Mayor to schedule a meeting for Wednesday night (3-15-95) and he would like this to be the first item on the agenda for action by the Commission. Discussion. It was determined that the Special Meeting to hear this item will be held on Wednesday, March 15, 1995 at 7:00 p.m. Mayor Bush stated that Item "C" will be pulled from the agenda and will be put on the the agenda for the March 27, 1995 meeting. New Rules for Commission Meetings: Attorney Kruppenbacher stated that he has gotten back data that shows all the other Cities, but we have not been able to collate it within the time frame to give it to you in a condensed form, given some of the other issues you've had~ if you could push this to the next agenda, and the information will be to the Commission within a week so you can review it for the next meeting. (March 27, 1995) Motion was made by Commissioner Ferring to table Item "D". Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennelt: aye. Motion passes. City Manager - John Govoruhk Reports: Manager Govoruhk stated that at the last meeting Commissioner Ferring brought up the information on the 10 yr., one cent sales tax program from County Manager Ron Rabin, in regards to the beautification of the medians throughout the 7 Cities. The consensus of the Commission at that time was there was no problem. I would like to asked for each Commissioner to say yes or no tonight as now they would like to have something in writing from us, so Manager Rabin can advise the County Commissioners at their next meeting. Discussion. Commissioner Ferring stated basically all the County Manager is looking for is a reaffirmation of the approval and concept that we had forwarded a few weeks ago~ each individual problem will be addressed on an individual basis. This only deals with them having the ability to use three per cent of the monies that they have to lend enhancements to all major roads. All they are asking for in every City, is something in writing saying that they agree to the concept~ we voted to agree to the concept and all they are looking for is something in writing. Mayor Bush said this does not obligate the City for money, it is a redistribution of the one cent sales tax money. Motion was made by Commissioner Ferring to reaffirm the approval of the concept that we've agreed to at the prior Commission meeting and to be put in writing and transmitted to the County Manager. Seconded by Commissioner Conniff. Discussion. Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner LangeUotti: aye~ Commissioner Gennett: aye. Motion passes. Manager Govoruhk asked if it would be all right and if Commissioner McLeod would consent to, to have his expertise for him to continue on the Architectural Review Committee with me. . . Regular Meeting City Commission March 13, 1995 94-95-14 Page 4 Commissioner McLeod agreed to continue on the Architectual Review Committee. It was the consensus of the Commission to have Commissioner McLeod continue on the Architectual Review Committee. City Attorney Frank Kruppenbacher - Reports: Attorney Kruppenbacher stated pursuant to Chapter 286.011, on Wednesday night at the Special Meeting, I would like you to announce in that meeting that we. will be adjourning to have and Executive Session pursuant to Chapter 286.011, to discuss and have advise regarding and concerning the litigation that is presently pending both against Oviedo, Verla and Rouse; and the litigation against the City of Winter Springs by Oviedo in the eminent domain. The subject matter will be limited to discussion with the Commission regarding settlement negotiations and/or stregity sessions regarding the litigation expenditures and issues therewith. The entire meeting will be recorded by a certified Court Reporter, the reporter will record the times of commencement and termination of the session. All discussion proceedings, the names of all persons present at any time and the names of all persons speaking. No portion of the session will be off the record, the court reporter's notes will then be fully transcribed and filed with the City Clerk within a reasonable time after Wednesday night; they will not be available to the public until conclusion of all of those pieces of litigation as it will relate to all. We will be announcing tonight and posting notice of the time and date, it is anticipated that the wage and hour will take us 15 minutes so at 7: 15 p.m. I would ask you to adjourn the general open meeting and convene a closed meeting pursuant to Chapter 286.011, it is anticipated that that meeting will take no more than an hour, so at 8:15 p.m., I'd ask you then to close that meeting and reopen the public meeting and I would like as the second item on the agenda for the Special Meeting: Resolution of matters regarding the City of Oviedo, Rouse, Viera and the City of Winter Springs; so that ifthere was action necessitated you would have the authority to take that action. It was determined to reconvene the Special Meeting at 9:00 p.m. to have enough time. Attorney Kruppenbacher stated that it is anticipated that the estimated length of the Closed Executive Session will run from 7: 15 p.m. (or thereabout) until 9:00 p.m. at which time we would then come back in the Chambers and reconvene the meeting and if necessary take whatever actions are deemed appropriate regarding the litigation. Attorney Kruppenbacher stated in attendance at the meeting will be and we will announce Wednesday night at the conclusion before we adjourn the Special Meeting, those people who will be joining the meeting again, in case it changes but now it is anticipated that the people that will be in the meeting will be: the City Clerk, Margo Hopkins; Commissioner McLeod, Commissioner Gennell, Commissioner Langellott~ Mayor Bush, Commissioner Ferring, Commissioner Conniff; City Manager Govoruhk, City Attorney Kruppenbacher, Mr. Bricklemeyer , Mr. Tipton and the Court Reporter. Commission Seat IV - Cindy GennelI: Commissioner Gennell stated that the City Manager has given us a request for input to his budget and the Mayor has asked several times for us to have a goal setting meeting and since we don't have a meeting next Monday, I think it would be good if we get together and discuss some of the things we would like to see on the budget and do some goal setting. Discussion. Regular Meeting City Commission March 13, 1995 94-95-14 Page 5 Motion was made by Commissioner Gennell to put the subject of a meeting next week on Monday night for goal setting on the agenda. Seconded by Commissioner McLeod. Discussion on the revised budget for this fiscal year and the new budget for 95-96. Mayor Bush suggested that we give the City Manager a chance to look at his calendar and schedule and the fact of the revision being addressed, wouldn't it be appropriate to give the City Manager time to look at things and come back to us and let him tell us when he feels it is a good time to hold a goal setting workshop. Commissioner McLeod withdrew his second. Motion died for lack of a second. Discussion on the revised budget. Harry Martin, Finance Director, stated that he will have the revised budget for the Commission at the first meeting in April. Attorney Kruppenbacher stated that a closed executive session will need to be held at the end of the March 27, 1995 meeting in regards to negotiations with the Firefighters Union. It was the consensus of the Commission to hold an closed executive session for negotiations with the Firefighters Union. Commission Seat V - David McLeod: Commissioner McLeod stated at Cypress Club it look like everybody has come to an agreement of adding the 12 inch drain pipes and also maintenance of the slope for 6 months. Commissioner McLeod stated that he is surprised about the maintenance for 6 months on the slopes, because normally a contractor is responsible for things for a period of a year after construction; State Statute 489 states that a contractor will be responsible for maintenance of a project for a year from the time of the end of the contract. I think that may be something to change, the 6 months and asked the City Attorney if that Statute pertains to this particular issue. Commission Seat I - Larry Conniff: Commissioner Conniff stated that he had a call from a citizen regarding Casselberry wanting us (the City) to deannex certain part of our City over by Edgemon and Murphy, they want to put some sort of a drainage pond over there. Manager Govoruhk stated that is correct and the Commission received a letter in their packet. Commissioner Conniff also stated that on Sunday morning he drove past that area and at that area there were three Casselberry patrol cars there stopping everybody coming into the City of Winter Springs. Commissioner Conniff said he would like to have some official explanation on why the Casselberry officers were there harassing our citizens. Commissioner Conniff stated that he called the Police Department and talked to Officer Broxton and commended on his professionalism. Police Chief Charlie Sexton stated that he spoke to the Police Chief Gats this afternoon. We have no jurisdiction to stop them from being there, it is their City, that was his comment. Commissioner Conniff said he would like to have something formally sent over to Casselberry with our displeasure. City Manager asked ifhe could talk with the Casselberry City Manager one on one instead of a letter. Commissioner Conniff said that would be fine. Commissioner Conniff also stated that he received a complaint that over at Central Winds Park there is no netting and two spectators were hit with foul balls. City Manager Govoruhk stated that we have Regular Meeting City Commission March 13, 1995 94-95-14 Page 6 netting on all the ball fields and has been raised, Manager Govoruhk said he will look into that. Commissioner Conniff said that he also has had complaints about the crews that cut trees etc., that they leave the area in a mess. Manager Govoruhk said he would check into that also. Commission Seat II - John Ferring: Commissioner Ferring said that last week the City of Winter Springs was host for the Defensive Driving Course given by the AARP at the Senior Center. Commissioner Ferring said he found the course to be very informative and said he thinks it is a great thing for the citizens of this City to take advantage of that the course is called 55 and Alive. It is for the seniors 50 years old and older, and said it is a very productive program that we should advertise and try and get them back here again as soon as possible. The course is based over two days, four hours each day, you are then given a certificate of qualification which you can turn over to your insurance company, which will give you a minimum of 5% reduction in your insurance costs. The course costs $8.00, I would like to see if we can continue having this type of a safe driver defensive course and advertise it more and get them back. Mayor Bush suggested putting that information in the Winter Springs Bulletin. Commissioner Ferring said it has come to his attention regarding the fire rating in the City of Winter Springs. Currently the City of Winter Springs has a split rating, we have a 4/9 classification. In my research, I have found out that the four rating basically is pretty much covered for most of the City, where it reflects the fact that you have a fire hydrant within 1,000 ft. of your home and therefore with that classification, you are not penalized on your hazard insurance. On a class 9, which means a fire hydrant is more than 1,000 ft. away from your home, you are penalized substantially on your hazard insurance; several hundred dollars to be exact, the difference between a 4 area and a 9 area. There is one area in the City that is more affected than the rest of the City and that is the Ranchlands. Commissioner Ferring asked the City Manager ifwe have any plans to try and get water lines into that area and get hydrants so that people in that area of the Ranchlands can get what the rest of the City enjoys as far as the hazard insurance is concerned. Discussion. Manager Govoruhk said he will get with the Public WorkslUtility Director to see if we have anything in next year's budget, or when they are going to put it in or where we go at from to bring it up. Commissioner Ferring said he would like to see that this is a major priority. Commission Seat III - John Langellotti: Commissioner Langellotti thanked the City Manager on behalf of the parents who have children attending Rainbow Elementary School, since the City has put sidewalks on Shetland and Northern Way, it is great seeing the youngsters riding their bicycles to school instead of walking in the streets. One of the parents stopped by my house with the Principal and wanted to stress their thanks. I hope it continues through the City. Mayor's Office - John F. Bush: Mayor Bush stated one thing that wasn't brought up at our last meeting was the Winter Springs Regular Meeting City Commission March 13, 1995 94-95-14 Page 7 Rotary Club Tuscawilla 8K Run, which was a very successful event. The City again was very beneficial to the Rotary Club and their assistance~ over 800 people participated and again the City is to be commended for the work they did to make this a success. Mayor Bush also stated that he received a letter from Mimi Riebeck, head of the Social Studies Dept. at Lyman High Schoo~ she is inviting the elected officials as well as the City Manager from the Cities that serve Lyman High School to come and speak to the different classes. I will leave with the City Clerk, the times that she would like to have people from Winter ~prings to attend. I would appreciate you getting with the City Clerk to see if there is any time that you could spare to go and speak to one of the Social Studies classes about your role as a Commissioner or City Manager~ I'll be speaking as the Mayor. Ms. Riebeck is asking for any help that you can give her, there are several different dates, the City Clerk will have the sign up sheet and times the classes meet. Mayor Bush mentioned about some information we received from a citizen who is indicating he shouldn't be paying the stormwater management fee, and asked the City Manager to look into this and get back with the Commission. Manager Govoruhk said he is looking into it now. The meeting was adjourned at 8:45 p.m. Respectfully Submitted, ~';t~ Margo M. Hopkins, City Clerk APPROVED: 9;~