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HomeMy WebLinkAbout1995 07 10 City Commission Regular Minutes REGULAR l\.1EETING CITY COMMISSION JULY 10, 1995 The Regular meeting of the City Commission of the City of Winter Springs was called to order by Mayor John F. Bush at 7:32 p.m. 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 GenneIl, present David McLeod, present For the invocation Mayor Bush asked for a moment of silent prayer. Approval of Minutes of the Regular Meeting of June 26. 1995: Mayor Bush asked ifthere were any additions or corrections to the minutes of the Regular Meeting of June 26, 1995. Commissioner Langellotti mentioned a misspelling on page 7, last paragraph. There were no other additions or corrections to the minutes of the Regular Meeting of June 26, 1995. Minutes stand approved as corrected. PUBLIC INPUT: Ray Bradshaw, 320 Hayes Road, spoke regarding the City Manager's severance pay. CONSENT AGENDA: ApprovaVDisapproval Traffic Pre-emption Systems Interlocal Agreement with the City of Orlando, Orange and Seminole Counties. Howell Creek Reserve Phase One - Acceptance of water, sewer and reclaimed water systems (west of Vista willa Drive, north ofCSX Railroad) for City maintenance. Eagles Watch Phase One - Acceptance of water, sewer and reclaimed water systems (ease of Vistawilla Drive. orth of CSX Railroad) for City maintenance: Motion was made by Commissioner Conniff to approve the Consent Agenda. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. GENERAL AGENDA: Second Reading and Public Hearing Ord. 587 - Providing for a Schedule for review of Comprehensive Plan Amendments; Providing for Procedures for Review and adoption of Comprehensive Plan Amendments: providing for severability and effective date etc.: Regular Meeting City Commission July 10, 1995 94-95-24 Page 2 Attorney Kruppenbacher read Ord. 587 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there was anyone present to speak for or against Ord. 587. There was no one present to speak for or against Ord. 587. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Tom Grimms, Community Development Coordinator, stated this is the same as it was for the first reading with changes that are indicated in Section 15-34, Small Scale Amendments~ these were additions that the Legislature passed into law. Motion was made by Commissioner Conniff to approve Ord. 587. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye. Motion passes. ApprovallDisapproval of Changes to Ordinance 585: Commissioner Gennell said she feels this is a waste of our time and energy to duplicate what we can already do. Motion was made by Commissioner Conniff to approve Ord. 585. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye~ Commissioner Gennell: nay~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye. Motion passes. Discussion of Request to Land Planning Agency (Planning and Zoning Board) to delete from the Comprehensive Plan various proposed collector roads and reconsideration of the Transportation Impact Fee: Mr. Grimms stated that Staff has re-reviewed the Compo Plan, especially the traffic circulation element and we feel that certain collector roads such as the Winter Springs Loop, the Tuscawilla Bypass are really not needed. We are suggesting that the Commission ask the Local Planning Agency (p&z) to take a look and make a recommendation back to the Commission as to whether it should be dropped from the traffic circulation element of the Comp Plan. Discussion. Motion was made by Commissioner McLeod to approve the Staff recommendation to have the Land Planning Agency look at the necessity of these collector roads and reconsideration of the Transportation Impact Fee. Seconded by Langellotti. Discussion. Vote: Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye. Motion passes. City Attorney Frank Kruppenbacher - Reports: Attorney Kruppenbacher gave the Mayor and Commission a copy of The City of Winter Springs Independent Contractor Consulting Agreement for their review. Attorney Kruppenbacher said this Regular Meeting City Commission July 10, 1995 94-95-24 Page 3 was prepared for the Commission's consideration to deal with Mr. Govoruhk's retirement and the transition period that will take place subsequent to that; it provides for Mr. Govoruhk to become employed for a six month period as an independent contractor, and paid according to his current income level per month. To be available to act on projects that he is currently working on and to act in consultation and direction of the new City Manager. If you don't hire someone by the time his current contract expires, then for each month you don't hire someone and he stays, this six months actually lops off a month at a time. It is for your consideration tonight, there is one item that needs to be amended to be included in that and that is a paragraph that would authorize the new City Manager to continue Mr. Govoruhk as a consultant as he deems appropriate, in an amount not to exceed this agreement. Attorney Kruppenbacher asked that the Commission put this item on the agenda for action. Discussion. Motion was made by Commissioner Ferring to place this item (approval of the independent contractor consulting agreement) on the agenda. Seconded by Commissioner McLeod. Discussion. Commissioner Gennell stated that she is not prepared to discuss this because she has not had the proper time to review it. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: nay. Motion passes. Mayor Bush called for a five minute recess so the Commission could review the agreement. Mayor Bush asked if there was anyone present who would like to speak on this agenda item. There was no one present who spoke for or against this item. Motion was made by Commissioner McLeod to approve the Independent Contractor Consulting Agreement as written with the revision giving the new City Manager authority to continue as a consultant as he/she (City Manager) deems appropriate. Seconded by Commissioner Langellotti. Discussion. Commissioner Gennell asked what the City Manager makes in pay at this time. Manager Govoruhk stated approx. $65,000. Commissioner Gennell said aside from the fact that the City Manager might be with us on a consulting basis for a full six months; while we are paying a salary to a new City Manager, we will be paying the old Manager at the rate of $76,800 per year, at that rate. Commissioner Gennell said she doesn't see how the taxpayers really want to support that kind of "two" Managers at the same time, at that high cost. Commissioner McLeod said he doesn't think we will have two Managers, we will have a single Manager with the other one on as a consultant, continuing to bring the new Manager up to date as fast as possible on a lot of issues, plus continuing to handle a lot of things the City Manager is presently handling, that I think would go by the way-side if we didn't do this, I think the City would loose much more money by not going into an agreement. When I calculate these numbers I think what I find that is in here are the benefits that you now have over and above the present City Manager's hourly rate, which would be equivalent to the same dollar figure that we are seeing here. Attorney Kruppenbacher said the City will not be paying any unemployment, worker's comp, FICA, etc.; he would become obligated for the everything. Regular Meeting City Commission July 10, 1995 94-95-24 Page 4 Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: nay; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher stated the only other item he would advise the Commission on and ask if there is any concern is upon conclusion of Mr. Govoruhk's current agreement, I will prepare a letter for the Mayor that confirms acceptance on behalf of the Commission of his retirement at conclusion of his current contract, he will then be eligible for any accrued vacation, sick leave, less anything he uses between now and that date, and what ever pension payments that are due. Motion was made by Commissioner McLeod to approve the City Attorney preparing a letter stating the closure of the present agreement in the fashion that the City Attorney has outlined. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Gennell: nay; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. City Manager John Govoruhk - Reports: Manager Govoruhk stated that the Commission has been presented with the 1995-96 Budget, a budget workshop is scheduled for July 17, 1995, at 7:00 p.m. to finalize the budget. Manager Govoruhk stated that the bridge at the second hole at the Tuscawilla Country Club, on July 3, 1995, the Building Official met with Jim Mikes and looked at the repairs that have been done. Mr. Mikes is going to go through every bridge and foot path at the Country Club to repair and or replace almost every bridge and the Building Dept. will be inspecting each step of the way. Manager Govoruhk mentioned that we are in the process of replacing the ceiling at the Civic Center, the sound dampening sample baffles, they will be hung tomorrow afternoon (7-11-95) at 2:00 p.m. The Mayor and Commissioners are welcome to go down and look at it. Hopefully with this we will get 100% improvement in the sound there. Manager Govoruhk also stated that the project we will be working on, and we have already signed a contract, Mr. AI Rosen with the Seminole County Community Service Officer, will be starting a work program to be utilized mainly at the parks and public works; where we will be utilizing all sources offree labor while providing a work place for the offenders that have been sentenced by the Court at no cost to the City or taxpayers. They will be providing their own insurance, transportation and everything that is required for them. Manager Govoruhk stated that the Commission has a letter from him regarding TimeWamer Cable request. Manager Govoruhk said he would like the Commission's permission to work with TimeWarner to come up with an acceptable document to grant the temporary access to Winding Hollow. The Commission did not object to having the Manager work with TimeWarner regarding the temporary access to Winding Hollow. Manager Govoruhk said the Commission has a letter where we signed an agreement with Morrison Regular Meeting City Commission July 10, 1995 94-95-24 Page 5 Homes on the landscaping plan at ParcellS, that they will give to us at no cost, we will maintain it, provide the water until they get the 250 homes; then the City will assume all responsibility for the maintenance of the R-O-W, easement and the island out there. Manager Govoruhk also stated that we have applied for a tree farm grant. We have all ready started our tree farm behind the Baptist Church, we have gotten oak trees, portaculpus, Florida orchid; we are going to try to get almost all plants and trees that are on the extinct listing in the State of Florida to try and have the City plant them throughout the parks. Hopefully we will get the grant to do that, we do have the tree spade coming in and we will start planting the trees on the west side of the City. Manager Govoruhk said we have received $20,000 towards the Public Safety construction from Seminole Pines; that case is also closed and is being recorded at this time. Mayor Bush said at the last meeting there was a question regarding the Deputy Mayor and voting. Attorney Kruppenbacher read from the City Charter, Section 4.05, "....The Commission shall elect from among it's members a Deputy Mayor" and it goes on to say "... who shall act as Mayor during the absence or disability of the Mayor and if a vacancy occurs, shall become the Mayor" So the Deputy Mayor acts as the Mayor in the Mayor's absence. You then go further on in that Section and it says "...the Mayor shall not vote except incase ofa tie vote of the Commission" Therefore, if you read that language consistently, what you see is in the Mayor's absence, the Deputy Mayor becomes the Mayor and if he becomes the Mayor, he cannot vote unless there is a tie. Discussion. Mayor Bush mentioned that this subject might be an item for a Charter revision at some future time. Commission Seat II - John Ferring: No Report. Commission Seat III - John Langellotti: Commissioner Langellotti said for his appointment to the Board Adjustment he would like to reappoint AI Becker; for his appointment to the Planning and Zoning Board he would like to reappoint Art Hoffmann and he would like to reappoint Mary Scott to the B.O.W.S. Board. Motion was made by Commissioner Ferring to approve Commissioner Langellotti's appointments to the Board of Adjustment, Planning and Zoning and B.O.W.S. Boards. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Commission Seat IV - Cindy Gennell: Commissioner Gennell said she would like to reappoint Sally McGinnis to the Commerce and Industry Development Board. Motion was made by Commissioner Conniff to reappoint Sally McGinnis to the Commerce and Regular Meeting City Commission July 10, 1995 94-95-24 Page 6 Industry Development Board. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Commission Seat V - David McLeod: Commissioner McLeod stated he has an appointment to the Planning and Zoning Board which is not on the agenda this evening and he will have his appointment at the next meeting. Commissioner McLeod stated he would like to reappoint Greg Smith to the Board of Adjustment and to reappoint Terry Meta to the B.O.W.S. Board. Motion was made by Commissioner Ferring to approve Commissioner McLeod's reappointments to the Board of Adjustment and B.O.W.S. Board. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner McLeod: aye. Motion passes. Commissioner McLeod stated at the last meeting he would do an outline of the tape he listened to regarding the hiring of a City Manager and said he will give it out at this time but it needs to be redone, but this will give the Commission some input. Commissioner McLeod said he would like to see the Commission get active and schedule a meeting to discuss the issues of hiring a City Manager. Discussion. It was determined that this will be put on the July 17, 1995 agenda, to discuss the procedures and time frame for filling the City Manager's position. Commissioner McLeod stated that he would like to say to the City Manager and Police Chief, he has had some problems at his home and from he and his family he would like to thank the Police Chief and his people, their response and time and thanked the City Manager to see that the enforcement is there. Commissioner McLeod said he is sure that it is there for all of the citizens with the same respect as the instance his family has been through. Thank You. Commission Seat I - Larry Conniff: Commissioner Conniff said he would like to appoint John Herbert to the B.O.W.S. Board, Jacqueline Gieseler to the Commerce and Industry Development Board, Elizabeth Harrow to the Board of Adjustment and Sherilyn Hill to the Planning and Zoning Board. Motion was made by Commissioner Langellotti to approve the appointments of John Herbert to the B.O.W.S. Board, Jacqueline Gieseler to the Commerce and Industry Dev. Board, Elizabeth Harrow to the Board of Adjustment and Sherilyn Hill to the Planning and Zoning Bd. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher said pursuant to Florida Statute 286.011, he is in need as legal council a meeting with this Commission in closed session to discuss the Oviedo Crossing lawsuit, involving Regular Meeting City Commission July 10, 1995 94-95-24 Page 7 Viera, Rouse, City of Oviedo and ourselves. We were going to have it tonight but I gave you a memo that we were not able to have negotiations. Given the time frame, we are scheduled to have them in the week to come, I would ask if you could set the closed executive session one hour before the next meeting. In attendance will be: Mayor Bush, Commissioners Conniff, Ferring, Langellotti, Gennell, McLeod, the City Manager, myself and possibly Mr. Bricklemeyer. Discussions will be limited to settlement issues regarding the lawsuit, there will be no off the record discussions, there will be a court reporter to transcribe it, we will advertise a public hearing at which time we will convene the meeting in open session and then go into closed session, upon conclusion of the closed session we will close the regular meeting in the public. That will be transcribed within a reasonable time thereafter, sealed and submitted to the City Clerk, only to be opened upon conclusion of the outstanding litigation. This meeting should be scheduled an hour before the next regular meeting. July 24, 1995. In the negotiations that we will be having, you will be represented by myself, Commissioner Ferring and Mr. Govoruhk. Mayor Bush called a Closed Executive Session for July 24, 1995, at 6:30 p.m. for the purposes discussed by the City Attorney. Mayor's Office - John F. Bush: Mayor Bush said he will postpone his appointments to the next regular meeting. Mayor Bush said on the items that the Clerk has put out, asked if the items from the June 12, 1995, meeting have been covered and from the June 26, 1995 meeting, if the items have been answered to the Commission's satisfaction. There was no comment from the Commission. Mayor Bush gave a letter to the Commission to sign which will go to Patrick Byrne, Chairman of the Board of Community Colleges, regarding Seminole Community College. This letter is in regards to our position on asking them to not consider merging SCC with Valencia. The Mayor and Commission signed the letter. The meeting adjourned at 8:30 p.m. ~~y~~~ ~~ Hopkins, City Clerk APPROVED: BUSH, MAYOR