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HomeMy WebLinkAbout1995 06 26 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION JUNE 26,1995 The Regular Meeting of the City Commission of the City of Winter Springs was called to order by Deputy Mayor John Langellotti at 7:50 p.m. ROLL CALL: Mayor John F. Bush, absent 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 June 12. 1995: Deputy Mayor Langellotti asked if there were any additions or corrections to the minutes of the Regular Meeting of June 12, 1995. There were no additions or corrections to the minutes of the Regular Meeting of June 12, 1995. Minutes stand approved as presented. PUBLIC INPUT Mr. George Barcus (he has been working with the Seminole County High School Rezoning Committee), tomorrow (6-27-95) there is a monumental decision that will be taken at the School Board meeting. Before the School Board, for acceptance tomorrow night, presently draws the boundaries for the new Winter Springs High School to include all of Winter Springs residents excluding the half of Tuscawilla, where the line is presently drawn down Howell Creek. There was a compromise position that was attempted that would have brought the line a little further east, coming down Bear Creek that I did not anticipate nor did I realize the fire storm of out cry from the residents at Chelsea Woods that insist that they all want to be included. The only reason why the attempt was made because I have dealt desperately with School Board Planner Diane Kramer, who did not want to violate what she perceived as a two mile rule with the existing Oviedo High School. My position was to remind her (Ms. Kramer) that there are probably seventeen other instances in the present Plan "G" line that violate that same rule. The process is now underway, there is a petition being circulated throughout the entire community asking that the School Board reconsider and draw back to the original boundary lines of Plan "F" that the Task Force almost in total endorsed and thought that is what they (the School Board) were going to agree to but at the last moment they switched to Plan "G" . We are now in the process of asking for a reconsideration and just as they drop back and made other adjustments to Plan "G" that they are considering; we are asking that they also make this same type of adjustment to include all of the Tuscawilla community; to keep them all going in to the Winter Springs High School. Mr. Barcus gave the Commission a copy of a letter that he drafted and would like the Commission's approval to submit to the School Board to be read into the record if the Commission agrees with the intent. Discussion. Mr. Barcus stated that one other item that needs to be addressed is the next step in the process is to rezone all the Elementary and Middle Schools. Our argument is also is that Indian Trails Middle Regular Meeting City Commission June 26, 1995 94-95-23 Page 2 School presently exists with the boundary on the Expressway. Discussion. Commissioner McLeod asked the City Attorney to look over the proposed letter. Commissioner Ferring commended Mr. Barcus for the hard work that he has put into this project. In relationship to the other districts, I know that the district in Sanford is very unhappy with what they are being dealt with as far as bussing their children out of their community; will that have any effect in regards to the School Board's decision making tomorrow night. Mr. Barcus stated that they believe that the individuals that represent the northern part of the County will be very strongly opposed to Plan "0" in it's present form, without some recommendations for modification and I would not be surprised if they did not suggest legal action against Plan "0". Discussion. Commissioner Oennell asked Mr. Barcus to identify the portion of Tuscawilla not included in Plan "0". Mr. Barcus showed the Commission on the area not included on the map. Commissioner Oennell asked what is Mr. Barcus going to ask the School Board. Mr. Barcus stated that he was going to ask that the original Plan "F" boundary be include, which is up to the Expressway, to include all of Tuscawilla. Discussion. Commissioner Conniff said the only problem that he sees in this is that 60% of the vote that is on the School Board is from Lake Mary, and they don't want their School District changed, so it looks like Winter Springs is going to have to suffer the consequences of this. Mr. Barcus stated the answer to that issue right now is we are talking about the equivalent of about, (a maximum) 200 students that affected by this plan; if Plan "0" is being accepted because of the diversity issue that they are hoping to attain, right now Winter Springs High School as presently planned, without this change has 1,726 students with a minority distribution of21% and 8%; if we add the 200 students to Winter Springs High School it drops it 1 percentage point. Mr. Barcus stated that it would not disrupt Oviedo High School because they presently have 2,365 students and they would drop to 2,065, still well within the boundaries that they are looking for; it moves them from a 9% and 8% ratio to a 10% and 9%. Attorney Kruppenbacher stated that he has read the letter and changed the letter a little. Deputy Mayor LangeUotti asked the Clerk to type the letter to the School Board on City stationary and then the Commissioners can sign the letter so that Mr. Barcus can take it to the School Board meeting tomorrow night. Deputy Mayor Langellotti called a 5 minute recess to allow the Clerk to type the letter. Deputy Mayor Langellotti asked the Clerk to read the letter into the record. "Seminole County School Board, Dear Dr. Hagerty: The City Commissioner of the City of Winter Springs, Florida has unanimously directed that I file this appeal to you on behalf of the City. We ask that you redefine the present boundaries of the proposed High School Rezoning Plan "G" to include all of the Tuscawilla community within the Winter Springs High School boundary. In order to maintain the integrity of our City and the existing interagency agreement between the City and the Seminole County School system, it is imperative that the largest community within our City not be divided. Your consideration is requested and appreciated. Yours truly, City of Winter Springs, John Langellotti, Deputy Mayor Regular Meeting City Commission June 26, 1995 94-95-23 Page 3 on behalf of Mayor John F. Bush". (All Commissioners signed the letter) GENERAL AGENDA A. Earley Property - Preliminary Engineering - Approval/Disapproval of Planning and Zoning Board Recommendation (property located to the west of Fisher Road, east of the power easement and south of Panama Road): Donald LeBlanc, Land Management Specialist, stated that ~his item has been before the Staff and P&z Board, the minutes from the P&Z Board are not the official minutes because the P&Z has not met since this item was before them, I received permission from the Board to present the minutes to you so this project is not delayed. Mr. Charles Madden, engineer for the project is present and Ms. Miranda Fitzgerald and Mr. Thorpe Earley are present for any questions. Mr. LeBlanc stated that he has the minutes (meaning covenants) and is reviewing them at the present time and is sending comments this week to the City Attorney. There are not that many comments in the covenants but they will be before you for the final engineering. Mr. Charles Madden, Allen Madden Engineering, engineer of record, representing First Orlando Development Corp. and Thorpe Earley and Ms. Fitzgerald are here also. Mr. Madden showed the Commission exhibits which delineate the conservation areas, the roadways, typical house pads and retention ponds, as well as the retention areas. Commissioner Ferring asked about the minimum width at the entranceways of the parcels. Mr. Madden said they will be 90' at the building setback line. Attorney Kruppenbacher read a section from the agreement which states that a total of not more than 30 irregular shaped lots and lots fronting on cul-de-sacs shall be a minimum of 90' wide at the front building line, shall have a minimum of25' of frontage on the public right-of-way. Attorney Kruppenbacher also mentioned that earlier on in the agreement it talks about they are attempting to achieve as many lots as possible at 100' wide. Commissioner Ferring asked how many irregular shaped lots are there. Mr. Madden said approximately 19 or 20. Commissioner McLeod asked about the muck areas in some lots and Street "B" and that would have to be de-mucked by St. John's Water Management's approving it. Mr. Madden said that is correct. Discussion. Commissioner McLeod said you have managed to get 110 lots based, at present time, that you are able to de-muck the other areas, is that correct. Mr. Madden stated that he wouldn't say de-mucking those areas would predicate the 110 lots, as you can see there is ample green space on this property and this is the layout that best serves the property and he doesn't anticipate any problems with the de-mucking; but if there is was a problem in any area we could certainly modify the plan. Commissioner McLeod asked the City Attorney is he correct in saying that the outer perimeter of these homes, are they not suppose to be 2,000 sq. ft. lots and the inner perimeter some where around 1,500 sq. ft. Attorney Kruppenbacher said paragraph five states that the minimum size lots to be developed on the 80 acre parcel shall be 1,500 sq. ft., the lots shall be as large as possible given the Regular Meeting City Commission June 26, 1995 94-95-23 Page 4 other conditions contained herein; the minimum size of the single family residences to built on the lots shall be 2,000 sq. ft. of heated and cooled area excluding the garages, each residence shall have an enclosed garage. Commissioner McLeod said that in the P&Z minutes is states that if the lot falls under 1,500 sq. ft. that that lot will be taken out of the plan, is that correct. Mr. LeBlanc said that is correct. Attorney Kruppenbacher said he would like the developer to propose to the Commission that this proposed plan in front of the Commission is consistent with all respect with the requirements of the settlement agreement reached with the City. Commissioner Gennell asked ifthere was a time frame. Mr. LeBlanc said it is one year; he thinks that it is a year from the time the settlement agreement as signed to start "the ball rolling". Discussion on the time of Commissioner approval and the time of commencement. Commissioner McLeod asked about the discharge pipe that runs under the roadway. At the present time the plans show that it is dropping into a swale that is over there or is that a retention area that the developer is going to provide. Mr. Madden stated presently that pipe discharges onto our property and comes around and goes into a conservation area on the property. Commissioner McLeod stated that at the present time it backs-up at that location; as it drops off the road into that swale from that point it backs-up; it use to flow through there, what he is getting at is to make sure that it still continues to flow in that direction. Mr. Madden said in final engineering we will be looking at that and we are aware of that. Commissioner McLeod stated he wanted to make the Staff very aware of that and also that it continues to flow in the direction that it goes; because as it crosses the property of Dr. Mosley, I think we are going to have some real problems if we divert it differently because it goes from that location to the lake beyond his property and then it runs through the complete Dunmar subdivision out into Oak Forest. We need to make sure that flow is open because if the lake backs-up, we are going lose the whole road. Mr. LeBlanc stated once final engineering is approved they have one year to commence work and then it can be extended for six months by the Commission. Commissioner Gennell asked the City Attorney what happens if they don't commence building within the time frame, what happens to the settlement. Attorney Kruppenbacher stated it would be his position, my initial reaction without doing extensive research on it is that at the end of one year, these plans would totally vacate, they wouldn't be approved any more and this Commission would be in the position to treat this property like they treat any other property in the City. If the Commission decides to proceed towards a rezoning of the property, I would take the initial argument that you could do that; there may be vested rights arguments but I haven't analyzed in light of that, but that would be my initial position. Commissioner McLeod said at the present time it shows the extension of pavement 50' past the intersection of Morton Lane and Street "A". It seems to me that it would be in the best interest of the people in the Ranchlands, the City and perhaps even the developer that if it took in 50' past Morton Lane to assure that that intersection is also paved if we're within 50' of it. Discussion. That Regular Meeting City Commission June 26, 1995 94-95-23 Page 5 may be an issue that maybe the City Manager with our Staff should take a look at and some concern and I'll go by their recommendations. It is a consideration that should be looked into. Commissioner Gennell asked if there would be any redevelopment or earth moving in the conservation area. Mr. Madden said no, it will stay just the way it is. There was discussion as to where the construction vehicles would enter the project. It was determined that the construction traffic would go through Lake Dr. Mr. LeBlanc summarized the discussion. There is concern about the 24" pipe under the road to ensure that the flow does continue; revisit the 50' extension of pavement near the intersections and entering the project from Lake Dr. The Commission was in agreement. Motion was made by Commissioner McLeod to approve the preliminary engineering for the development of the Earley Property subject to the comments and representations made by both sides tonight. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: no; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner Ferring questioned the City Attorney regarding the fact that Deputy Mayor Langellotti is acting as Mayor, is he not entitled to his vote? Attorney Kruppenbacher said he would have to pass the gavel to vote, he couldn't sit as Mayor. As long as he sits as Mayor he can't vote, unless there is a tie. Commissioner Ferring said he would like the Attorney to check on that for future. Attorney Kruppenbacher read from the Charter which states the Mayor shall not vote except in the case of a tie vote of the Commission, and Commissioner Langellotti is acting as the Mayor tonight. Discussion. Attorney Kruppenbacher said he will bring back interpretation on that issue. Commissioner Ferring said he would like to get something in writing so that we don't have to go through this at another time. Deersong 3 - Approval/Disapproval Plat and Second Supplement to Covenants, etc. (property located at intersection of Moss Road and S.R.419): Mr. LeBlanc stated that he has sent the information to the City Attorney and the Attorney wrote back stating that everything is alright. There was a problem ofa performance guarantee of$10,050.00, Mr. Sebetti had in escrow already $7,747.15 on a maintenance escrow that expired May 9, 1995, and he chose to leave this in the escrow account and today we received a check for the additional $2,302.85 which was put in the escrow amounting to $10,050.00. Motion was made by Commissioner Conniff to approve the Plat and Second Supplement to Covenants for Deersong 3. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Regular Meeting City Commission June 26, 1995 94-95-23 Page 6 Seminole Pines Agreement - ApprovaVDisapproval of Manufactured Home Communities Offer for Settlement of Agreement: Mr. LeBlanc stated that the Commission has received a copy of the settlement agreement for this property which was signed in 1982. It is stated that at the 200th certificate of occupancy that they would give to the City 1 1/2 to 2 1/2 acres and a shell of a building, the question is the validity of the agreement seeing as it had never been recorded. The City Manager spoke with the owner and negotiated a proposed agreement, pending Commission approval, to give the City $20,000 for that property and the $20,000 would be allocated to the new proposed Public Safety Complex. Discussion. Mr. LeBlanc stated that when the City vacated the unplatted "First Street", the entranceway to Seminole Pines will be moved to coincide with the City Hall entrance. Motion was made by Commissioner Conniff to approve the offer of Manufactured Home Communities offer for settlement of agreement. Seconded by Commissioner McLeod. Discussion. Commissioner McLeod asked if the City Attorney was in agreement with this settlement of agreement. Attorney Kruppenbacher said yes but would like to recommend to the Commission that their paragraph 3, submission to the City, calls for your adoption of an Ordinance to terminate the agreement~ I don't think you are required to do an ordinance, their real estate lawyers may have some particular need that I'm unaware of, but if they voluntarily agree to eliminate that, I think you are in a position to execute this agreement immediately vs. having to execute it and come back and go through the process of an ordinance. If the maker and the second would adopt this with those comments, I would propose to them to delete the requirement of an ordinance. They may have some requirement that I am not aware of, but if they don't, I think you can move on this document without an ordinance. Commissioner Conniff amended his motion to include what the Attorney just included. Commissioner McLeod amended his second. Vote: Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. ApprovallDisapproval of Changes to Ordinance 585: Motion was made by Commissioner Ferring to read Ord. 585 by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring~ aye; Commissioner Gennell: nay. Attorney Kruppenbacher read Ord. 851" in it's entirety. Commissioner McLeod said he had a question that was brought up to him this evening as to whether or not a portion of this Ordinance was legal, as being in reference to the Mayor or Commissioners being elected officials, is it then therefore being elected by the bodies of this City and they happen to belong to a Homeowners Assoc. Board, is it proper for the City Commission to remove those parties from the City Commission, even though they are elected officials. Attorney Kruppenbacher said there are Charter provisions and Statutory provisions regarding removal of officers~ is that if you are in that position, you will be eligible for forfeiture of office pursuant to law. In the event the legal research in law in that particular time says it is not an appropriate removal or that you cannot remove, then Regular Meeting City Commission June 26, 1995 94-95-23 Page 7 you cannot remove, then it cannot take place. If in fact the Statute at that time and appropriate applicable law says that it is a ground, then you will be eligible for removal and that will require research on that particular occasion. What you are articulating here, is on behalf of the Commission to tell Commissioners and Board members that if you file a claim against the City, we consider it a conflict and if in fact we can remove you, we will take the action and you will be eligible to be removed. Discussion. Commissioner McLeod said the Mayor is not mentioned in the ordinance and the Mayor is also an elected official. Attorney Kruppenbacher stated he will amend the ordinance, if the Commission agrees, to say "...any person who is either the Mayor or a member of the Winter Springs City Commission..." Commissioner Ferring said to the Attorney, pursuant to law, in our City Charter, this Commission has the right to remove any other elected official for improprieties or other reasons that can be well established, is that not correct. Attorney Kruppenbacher said there are Charter provision and Statutory provisions in the Florida Statutes dealing with removal of public officers. The way I wrote this document for you, is we will apply that Charter and the law in effect and if the events at that time form the ground this ordinances puts people on notice, then you'll use it. Attorney Kruppenbacher said he thinks it was the Commission's intention, to put people on notice up front, if we can take "you" off for this conflict, we are taking you off Commissioner Gennell said we at any time already can declare someone in conflict of interest, and we can remove them; I think it is a waste of time and money for us to have to go through this, when it is something we can already do. Discussion on this ordinance. Motion was made by Commissioner Conniff to approve Ord. 585 with the amendment adding in the Mayor. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: nay; Commissioner Ferrlng: aye; Commissioner Conniff: aye. Motion passes. Mr. Howard Seeds, Seneca Blvd., stated the portion of the Ord. that he disagrees with is the Commission has the right to dismiss anybody who is appointed by the Commission and Mayor on any committee or Board, but how come you can take the dictatorial right to go against the people of the general public who have elected you, everyone is elected by the general public, where do you get the power, just because somebody is on a Board or belongs to an Orgiznation has nothing to do with it, all they have to do is abstain from discussion when these things come up, they shouldn't be fired from their position. We are paying you salary, you are elected by the people of Winter Springs and what right do you have to tell a man, when he abstains from the discussion when there is a claim against the City, what right do you have to say he is fired. Commissioner McLeod stated the way the Attorney has this written if the person abstains from voting, then there would not be a reason for this Board to remove that person. Discussion. Attorney Kruppenbacher stated in Section I we will state "providing for the removal" and take out "automatic". Regular Meeting City Commission June 26, 1995 94-95-23 Page 8 Appointment for Voting Delegate at Florida League of Cities Convention: Deputy Mayor Langellotti stated that every year at the Convention, each City is to delegate a person to be the voting delegate; last year the Mayor failed to do that and there was a little problem. Every year they send a form, and it is up to the City Commission to designate a voting delegate. Motion was made by Commissioner Ferring to designate Deputy Mayor John Langellotti to be the voting delegate for the Florida League Convention. Seconded by Commissioner Conniff Discussion. Commissioner Gennell stated that the person who gets designated to be the voting delegate from this Commission should be someone who is going to attend those sessions in which they are going to vote and not enter in activities that conflict with those sessions. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. City Attorney Frank Kruppenbacher 1. Proposed Revision on Tuscawilla Settlement Agreement - Jim Mikes 2. Reports: Attorney Kruppenbacher said back in 1994, he issued what became a controversial opinion regarding the fact that our Building Dept. had required someone to obtain approval from a Homeowners Assoc. before we would issue a building permit. I opined that the Commission did not have the authority to delegate the governmental authority to, in essence, a private Homeowners group or any private group; that if someone came in and met your Code, you had to give them a permit. There were issues about ifwe are a party to the Homeowners "thing" why can't we do that; we have only been parties to these agreements to enforce them for public purposes. Every Commission as long as he has been with the City, has a long standing policy of saying we are not getting in the middle of the Homeowners issues. The City Manager asked that I give an opinion again, to the Building Official regarding the fact that someone had come in for a building permit and the person from the Homeowners Assoc. was not available or did not approve it and the property owner was indignant, raised the issue with lawyers etc., that they didn't want to wait for a Homeowners Assoc. to be available. The Building Official did an extensive memo to the Manager that talked about the fact that frequently Homeowners Groups are not home during the day when contractors are working etc. and it is a nightmare. The Building Official had previously recommended that he simply notify people who are seeking permits of the following: The covenants and restrictions of your development may require the approval of your Homeowners Assoc. for any alteration of your property or business use, contact your local representative for further information. I wrote back the City Manager in June the following memo: "Per your request I have reviewed the above referenced memo and attachments, in view of my prior opinion and subsequent discussion with the City Commission, I cannot elaborate any further. I suggest Staff handle it, in light of the discussion and review the minutes, ifthere is any further confusion please call me, should you have any questions, please contact me". I basically am advising to you the Commission is that the City Manager direct Staff to go back and read the minutes of that Commission meeting and if they can't figure out the what the answer is, then they can come back to me. Regular Meeting City Commission June 26, 1995 94-95-23 Page 9 Manager Govoruhk said the question is do we wait for the ARB approval first or do we go ahead and issue the building pennit and stamp it the way we use to that saying "the activity for which you have applied for a permit, may require the approval of your Homeowners Assoc. Check with your Homeowners Assoc. for information prior to commencement". Discussion. It was the consensus of the Commission to have it stamped on the permit that the homeowner may be required to get their Homeowners Assoc. approval. Attorney Kruppenbacher stated that a summary of six items was given to you regarding proposed collective bargaining agreement and I ask if you would put it on the agenda for ratification. Motion was made by Commissioner Gennell to put on the agenda the ratification of the six items for the proposed collective bargaining agreement. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher said we now need a motion to approve the six items for incorporation into a collective bargaining agreement. Motion was made by Commissioner Conniff to approve the six items for incorporation into a collective bargaining agreement. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher stated that the Commission needs to announce the scheduling of a meeting pursuant to Florida Statute 286.011 ofa closed session of approximately 3 hours for the purpose of discussing settlement issues related to the Rouse, Viera, and Oviedo lawsuits. In attendance would be Mayor Bush, Commissioners Conniff, Ferring, Langellotti, Gennell, and McLeod, Attorney Kruppenbacher, Mr. Bricklemeyer, Manager Govoruhk and a court reporter; nothing else will be discussed, it will be recorded by a court reporter that will be provided in a sealed envelope reasonably thereafter, transcribed to the City Clerk to be held until resolution of the lawsuit. We will convene in the public, go into private session and reconvene in the public to adjourn. Discussion of a date for the closed session. It was determined that the closed executive session will be held on July 10, 1995, to commence at 5:00 p.m. until 7:30 p.m. Attorney Kruppenbacher gave the Commission copies of the original first amendment settlement agreement approved by the Court in the Mikes matter, with a draft second amendment to settlement agreement that deals with the issue of the number of lots. Attorney Kruppenbacher asked the Commission to review this document. Attorney Kruppenbacher gave the Commission a memo he gave to the City Clerk regarding setting up a meeting with all City Boards and Mr. Holmes from the State Attorney's Office regarding the Sunshine Law and Public Records Law. Attorney Kruppenbacher said the Mr. Holmes can be Regular Meeting City Commission June 26, 1995 94-95-23 Page 10 available to meet July 10th, July 24th or August 7th. Attorney Kruppenbacher stated the date of August 7th will be better so as to give all the Board members sufficient time to have knowledge of the meeting. Attorney Kruppenbacher said the Commission is welcome to attend this workshop but they don't have to attend, this is really for the Boards of the City to hear a similar or same presentation that the Commission previously heard. Attorney Kruppenbacher said that he has filed motion to tax cost against the Tuscawilla Homeowners Assoc. for the cost the City has incurred during the lawsuit. It is basically for the copying of our depositions for $2,700.36. Commissioner Ferring asked if the motion to tax cost was filed today and does that reopen this to discovery. Attorney Kruppenbacher said yes it was filed today and no it does not reopen this to discovery because it is an issue for the Court to decide whether they award costs, you don't get to do discovery with that motion. City Manager John Govoruhk - Reports: Manager Govoruhk said with regard to the possible lawsuit with Mr. Chris Monte Carlo, Martha Jenkins has checked with the Florida League of Cities, Mr. Cominsky, and he advised her that the City should be immuned from prosecution because of the solvent immunity law. Attorney Kruppenbacher said what he thinks that opinion to be, is that you cannot be sued in your planning functions. I think they are taking the position is that with regard to that drainage, that was all planning and you are immuned from liability, which means they are not interested in talking to Mr. Monte Carlo about settling his lawsuit or any claims he has. What that means to you is he (Monte Carlo) will end up back in front of you to deal with the issue; therein lays the "nut shell" question, I have had public bodies say we are not responsible, take it up with the developer and we are out of it; my legal recommendation is if you can take that position, that is the position you take. I would have the Utility Director and the Staff double check that the drainage is working in accordance with the plans out there and if it isn't then we can intercede and deal with the developer and if it is, then Mr. Monte Carlo needs to deal with the developer. Manager Govoruhk asked the Commission has seen the timers to be in the Commission Chambers, if the Commission does not have an objection we will go ahead with the timers. The Commission had no objections. Manager Govoruhk said the request from B.F.I. Waste Management was handed out to the Commission, to start the day light savings time which will be moving the time from 7:00 a.m. to 6:00 a.m. for pick-up. If the Commission has no objection he will notify them. The Commission had no objection. Manager Govoruhk stated he has submitted a letter to the Commission expressing his retirement plan, if any Commissioner has any questions feel free to contact him at home, work or any time. Regular Meeting City Commission June 26, 1995 94-95-23 Page 11 Commissioner Conniff stated that he has looked over the letter that the City Manager has given and has spoken to him. Motion was made by Commissioner Conniff to accept the City Manager's letter of resignation effective at the end of his contract; this man has served us well in top management for 20 years, I would like to see us have a John Govoruhk Day and a suitable retirement party. Seconded by Commissioner McLeod. Discussion. Commissioner McLeod said we have four months left to the end of the Manager's contract and I think we all agree or have had previous conversations that a search would take more than four months, in lieu of that, and the City Manager has also acknowledged he would have some interest in staying on in the interim, I would like to include in Commissioner Conniff's motion that we would extend or write a separate contract from Oct. for an additional six months to help the City fulfill the position, plus give time for the new City Manager to come aboard and for him to be totally brought up to date as to where he/she needs to be. In that interim allow the City Manager to continue once that City Manager is on, for the remainder of that contract period to work with some of the things he (Govoruhk) has been very diligently working with. Commissioner Conniff amended his motion to include the six month extension. Commissioner McLeod also stated that the City Manager's rate of pay should continue on as the fragment of the consulting fee. Commissioner McLeod amended his second. Attorney Kruppenbacher said he asked the City Manager is he was acceptable to that and he stated he was; I think for the Commission's benefit and the Manager's benefit, you have that subject to us getting it down in writing so everybody understands the terms of the relationship as opposed to some verbal statement here at the Commission. Commissioner McLeod stated he said he mentioned a contract which if everybody on this Commission agrees to then I would like to turn it back to the City Manager and City Attorney during the next two to work out those details so that we can see them. Deputy Mayor Langellotti read the City Manager's resignation letter into the record. "Dear Mayor Bush and Commissioners: It is with sadness that I am writing to inform you that I will be retiring from the City at the end of my current contract in October of 1995. Obviously, I do not want to leave you or the residents without a City Manager. Nor do I want to leave my successor without the opportunity to properly settle into his or her job without the opportunity to consult with me, if necessary. Consequently, upon expiration of my current agreement, I will be more than willing to enter into a consulting agreement with the City to facilitate the transition and to help to complete some projects that are on going. I would suggest that the City Counsel begin an immediate search for my successor and detail a schedule that will be followed for selecting and hiring that individual. My years with the City have been very rewarding and extremely interesting. I wish I could stay forever, but I understand that the City and I are maturing; both needing to find new challenges. I appreciate the opportunities that have been afforded me by the City, and I will miss being at City Hall. Thank you for your attention to this matter, and I hope that we can have a smooth and successful transition. Sincerely, John Govoruhk, City Manager". Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Regular Meeting City Commission June 26, 1995 94-95-23 Page 12 Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Conniff to have the Mayor head the team to find a suitable replacement for the City Manager. Discussion. Commissioner Conniff withdrew his motion. Discussion on the process to hire a City Manager. Commissioner McLeod suggested that each Commissioner should do an outline as to perhaps the procedure that we would like, to take a look at for the next meeting or at a special meeting. Commission Seat II - John Ferring: Commissioner Ferring asked if there will be another meeting regarding the budget before we set the millage rate. Discussion. It was determined that a workshop will be held on July 17, 1995 at 7:00 p.m. for discussion of the budget. Commission Seat III - John Langellotti: No Report. Commission Seat IV - Cindy Gennell: Commissioner Gennell mentioned the letter the Commission received regarding the deannexation request of City property into Casselberry. Manager Govoruhk stated he has given the Commission as received from the Attorneys. Manager Govoruhk stated he has gotten with the City Manager in Casselberry and was told we were suppose to get a package and as of today we haven't received it yet. We do have a request from the property owner at the present time. Commissioner Gennell asked if this might not be a good time to negotiate with Casselberry to get that piece of property on S.R. 434 near the golf course into our City. Discussion. Commission Seat V - David McLeod: Commissioner McLeod said there was a question raised at the last meeting regarding a safety issue about a bridge area. Manager Govoruhk said the Building Dept. has been out there and the bridge is being worked on but has not been completed as of today. Commissioner McLeod said he has been back to Central Winds Park and has a problem with what he sees going on at the ball field from the upper fence. The contractor has put one section of fence up and it looks like it wasn't long enough to reach the next bar; there is a two foot slice with an eight inch overlap. Commissioner McLeod said he would like the tops taken off and properly done by the contractor. Commissioner McLeod also mentioned that he made it clear to the contractor and the Recreation Dept. people that if you pick an elevation where the back stops come off, they all should be the same. As you walk up to the very first one, you'll notice the one on the left is one elevation and the one on the right is another elevation; I don't think we should accept that as being the finish product. It is very important at this time while the contractor is there that it is done right. Commissioner McLeod stated that he was surprised to see that the contractor used a torch and Regular Meeting City Commission June 26, 1995 94-95-23 Page 13 torched off all the posts, rather than pull the posts and the concrete out. It will be very difficult for the contractor to pull those borings out now since he has removed the pipes, the pipes are your leverage; I think this needs to be looked at, I thought our intent was we pull the borings and I thought that point was made very clear to the contractor. Commissioner McLeod asked the Commission if they would like for him to make an outline for them from a tape he has listened to regarding the hiring of a City Manager. The Commission said yes. Mayor's Office - John F. Bush: Deputy Mayor Langellotti said the Mayor had an appointment to the B.O.W.S. Board and would like to appoint Marilyn Dickinson, 1212 Winter Springs Blvd., 699-6398. Motion was made by Commissioner Ferring to approve the appointment of Ms. Dickinson to the B.O.W.S. Board. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. The meeting adjourned at 10:10 p.m. Respectfully Submitted, ~~~.. ~ Margo M. Hopkins, City Clerk