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HomeMy WebLinkAbout1995 09 11 City Commission Regular Minutes ------- --- -; ----;--- "1- - REGULAR MEETING CITY COMMISSION SEPTEMBER 11, 1995 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:35 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 Gennell, present David McLeod, present Mayor Bush asked for the invocation Mayor Bush asked for a moment of silent prayer. Approval of Minutes of August 28. 1995: Mayor Bush asked ifthere were any corrections or additions to the minutes of the August 28, 1995 meeting. Commissioner Gennell mentioned that she thinks there is a small part missing but is not sure if it was mentioned at the workshop (held before the regular meeting) or at the regular meeting and that she feels it is critical regarding when she asked Mr. McIntosh specifically is it his representation that his clients will continue to work with the rails to trails alliance and the cross Florida trail people and Mr. McIntosh said yes it is. That is not in the minutes of the Regular Meeting of Aug. 28, 1995. I want it reflected in one set of minutes, where ever it belongs. Discussion. I would suggest if the Clerk finds it on the tape, that it is in fact on the tape of the minutes of the regular meeting then the Clerk amend the minutes to reflect that. Mayor Bush asked for a motion to approve the minutes as amended. Motion was made by Commissioner Conniff to approve the minutes of the Regular Meeting of August 28, 1995 as amended. Seconded by Commissioner Gennell. Vote: Commissioner Conniff aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye. Motion passes. PUBLIC INPUT Gene Lein, 1173 Winged Foot Circle, President of Country Club Village Homeowners Assoc., spoke on behalf of the members and officers of the Homeowners Assoc., thanked the City Manager, City Attorney and the Commissioners involved and Staff~ for helping to put together the Country Club Village Streetlight Maintenance District. Mayor Bush said before he gets to the General Agenda he would like to bring up one thing he was going to bring up under his seat and that is the Code Enforcement appointment he had - Mr. George Colombo, and the discussion the Commission had with the fact that some of the Board Members such Regular Meeting City Commission September 11, 1995 94-95-29 Page 2 as Lurene Lyzen were not notified about their term expiring. Mr. Colombo very graciously agreed to resign from the Board, he (Mr. Colombo) has talked with Ms. Lyzen and I have talked with Mr. Colombo a couple of times, before and after, and at this time I would like to nominate Ms. Lurene Lyzen to the Code Enforcement Board. Motion was made by Commissioner Ferring to place this on the agenda. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye; Commissioner McLeod: aye~ Commissioner Conniff: aye. Motion passes. Mayor Bush nominated Ms. Lurene Lyzen to the Code Enforcement Board. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye. Motion passes. Commissioner Conniff stated that he has a letter of resignation from Sherylin Hill, he had recommended that she be placed on the Planning and Zoning Board and for professional reasons she tendered her resignation and he regretfully accepts her resignation. At this time I would like to ask the City Attorney if it is possible he appoint to his Planning and Zoning position out of his district. Discussion. Attorney Kruppenbacher said to make the nomination subject to it being legally approved. Commissioner Ferring said any Commissioner can appoint any resident of the City of Winter Springs to any Board and he doesn't know of any limitation of other than the geographic limitation placed on the Commissioners~ you do not have to appoint somebody that is in your geographic district, that is the only prohibition we have in this City. Motion was made by Commissioner Conniff to place on the agenda the appointment to fill the vacancy on the Planning and Zoning Bd. Seconded by Commissioner Ferring. Discussion. Attorney Kruppenbacher stated that is subject of it being politically correct. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye. Motion passes. Motion was made by Commissioner Conniff to appoint David Hopkins to the Planning and Zoning Board. Seconded by Commissioner Ferring. Discussion. Commissioner McLeod stated that Mr. Hopkins is presently setting on one of the other Boards and as he (Comm. McLeod) understands Mr. Hopkins is willing to resign from that Board and that Board is the Code Enforcement Board. Vote: Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye. Motion passes. Commissioner Ferring said with Mr. Hopkins resigning from the Code Enforcement Board that leaves a vacancy on the Code Enforcement Bd., and I understand that Mr. Bob Gray was interested in staying on that Board and therefore I would like to make a motion to put on the agenda appointment to the Code Enforcement Bd. Seconded by Commissioner Conniff. Discussion. Vote: Regular Meeting City Commission September 11, 1995 94-95-29 Page 3 Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Ferring to nominate Mr. Robert Gray to the Code Enforcement Bd. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher stated for the record he has looked at the Code and there is no prohibition on the appointment of the Zoning Board; however there is a Board that does require the appointment from Districts. GENERAL AGENDA Resolution No. 768 - Expressing appreciation to Gene Prestera for his service on the Code Enforcement Board: Mayor Bush read Resolution No. 768 in it's entirety. Resolution No. 769 - Expressing appreciation to Terry Meta for her service on the Beautification of Winter Springs Board (BOWS): Mayor Bush read Resolution No. 769 in it's entirety. Mayor Bush stated for all the citizens who serve on the City Boards and who give their time and efforts to make the City better, these Resolutions are a very small token of the appreciation of the Commission as well as the citizens of the City because many times their efforts go unnoticed by the majority of the population but the Commission knows the good work they have done and we certainly appreciate it and we hope the citizens of the City also appreciates it and I would like to ask the City Manager to see that these Resolutions are passed onto the Editor of the Winter Springs Bulletin so they can be noted in the next edition; they should be noted of the individuals of the good work they have done. Motion was made by Commissioner Gennell to approve Resolutions Nos. 768 and 769. Seconded by Commissioner McLeod. Discussion. Vote: Commission Gennell: aye; Commissioner Ferring; aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes. Public Hearing for 1995-1996 Fiscal Year Tentative Budget 1. Ad Valorem Millage - Discussion; a)Recompute and announce Tentative Millage Rate: b) Adopt Tentative Millage Rate: Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there was anyone present who wishes to speak regarding the Fiscal Year 1995-1996 Budget. There was no one present who wished to speak regarding the Fiscal Year 1995-1996 Budget. Commissioner Gennell asked if the inventory for this year has been completed. Manager Govoruhk said the inventory has been completed and a check is being made on the items that have been Regular Meeting City Commission September 11, 1995 94-95-29 Page 4 transferred. Commissioner Gennell asked if it will be reconciled this year as the City Charter says. Manager Govoruhk said yes. Commissioner Gennell said regarding the Capital Improvements on the Parks Dept., I had asked the City Manager on a couple occasions to bring forth some suggestions for reapportioning the expenses between the East and West sides of the City. Because the Budget is $182,450.00 for Capital Improvements for Recreation Department, in the Central WindslWinding Hollow area $41,400.00 is allocated between Central Winds Park and engineering and things for Winding Hollow. On the East side of the City, which a majority ofit is in the Tuscawilla area, it's $113,050.00; on the rest of the City, the West side it's $14,000.00; I think that it is not very equitable, I have brought it up in the workshops and here at this meeting once before and I don't think that that is a fair appropriation of Recreation Funds. I'm not suggesting for a moment not to do what we are doing in Tuscawilla but I am suggesting at the least that maybe we can postpone some of the things that are being done in Winding Hollow since nobody lives there right now. I think that since we represent all the citizens in the City that I think that we should more fairly appropriate the Recreation Funds. Commissioner McLeod said he believes that two years from now, there is somewhere around a quarter of a million dollars allocated to the West side of the City; I think that was brought out, I think we have a five year plan that shows this year the West side doesn't necessarily have a lot of monies being expended but the Parks and Recreation Director felt the attention needed to be given to present pieces that he had on the East side and the West side would be addressed two years from now with major funding compared to other parts of the City. I think at the workshop we had on the budget it was pretty well agreed upon by the Commissioners with the City Manager that we accepted that five year plan at present time. Discussion. Commissioner Ferring said this year, is the first year under the guidance of the City Manager that we have in place a five year growth plan; almost all Depts. with the exception of a few have put forth a five year growth plan and I think we went into a good discussion on this when we set the millage rate on July 24, 1995 and I want to take this time to complement the City Manager and his Staff and the Finance Director who grudgingly saw the light on what we were trying to do as far as maintaining the quality of service for the residents of this City but at the same time cutting to the "bone" areas that we could cut, thereby reducing the taxes in the City to the residents. I want to go on record in complementing the City Manager and his Staff for the work they have done on this budget. Mayor Bush said this issue has come up more than once and Commissioner Gennell has brought this up about the Parks; the plan that was submitted to the Commission at budget time, as far as I have determined, the Commission as a group has agreed with that and by approving the budget they have agreed with the plan and there has been no motions made to the contrary that would lead me to believe otherwise. Unless there is a Commissioner who wants to make a motion on this, and the Commission considers a vote, I think the plan stands as presented by the City Manager. Commissioner McLeod asked the City Manager and the Parks Director - do you still feel that your five year plan is an adequate plan for what we are doing with Parks and Recreation as it stands today. Regular Meeting City Commission September 11, 1995 94-95-29 Page 5 Manager Govoruhk referred that to the Parks and Recreation Director before he gives his comments. Don Wilson, Parks and Recreation Director, said in order to give the Commission a background about how he went about he put together the five year plan - he did not look at the City as district for district, had he been given those directions he would have~ what he was looking at when he put the five year program together was year by year how he could phase out all the improvements needed where it would be adequate and possibly feasible to fund it. The first priority he has was safety, the second was drainage plans~ the first year we are refurbishing some tennis courts- safety factors again, if we wait another year it will cost a lot more money to retain the existing courts especially at Sunshine Park. Relocation of one tennis court in another area~ most of it is to get us in the situation where we can build something that will be there for years to come~ we wonlt have flooding on the property. Also bring items up to OSHA standards for safety, that is the approach and philosophy I took, I think you are only looking at one year, I'm not saying that there is not more parks needed down the road but I was trying to address the immediate concerns, bring ourselves up shoulder level where we should be as far as conditions of the parks. Commissioner Langellotti asked if the residents over by Sunshine Park using the tennis courts. Mr. Wilson said he has seen residents use the courts, he has had complaints on why some residents will not use them. Manager Govoruhk said one thing Commissioner Gennell brought up regarding Winding Hollow, the only thing we are looking at this year is to come up with a plan for the next four or five years thereafter, the property owner has donated $20,000 towards that, so we are actually using the property owner donation for the next two years before we get into the General Fund, which will be the third year if nothing comes up to start into Winding Hollow. Hopefully between now and two years from now this whole plan will change because now we are looking at possibly annexations and the other property to possibly get between 75 acres to 250 acres for additional parks and recreation in the next two years minimum, so the whole five year plan may change. Commissioner Gennell said she is not going to stop raising this issue until she gets somebodyls attention, it may not be in this budget but it will be in the next one and I apologize to anybody that is offended for calling it East and West. In that area as you well know it is our less advantaged side of town, there are not a lot of privileged children over there, we have the most over crowded Elementary School in the entire County on that side of town. Now we don't even have a summer youth program anymore, we don't have anybody providing anything and this $14, 000.00 is a pittance to our less advantaged citizens and I do not begrudge Tuscawilla if they need it I say do it~ but I'm saying it's not equitable, that is just where I stand on it. Mayor Bush said for a point of clarification he believes the most over crowded school is Rainbow Elementary now. Commissioner McLeod said he doesn't know ifhis question has been answered by the City Manager- Is the City Manager presently supporting the five year budget plan. Manager Govoruhk said yes he is and remember one thing, this is this year's budget, next year you will have a whole new budget for approval. Commissioner McLeod said to the City Manager is he supporting the five year plan on the Regular Meeting City Commission September 11, 1995 94-95-29 Page 6 Parks as it is. Manager Govoruhk said yes. Commissioner Ferring said for anybody's information the millage rate that we will be setting tonight is 3.7023. Mayor Bush asked Harry Martin the Finance Director said the millage rate as it stands right now unless the Commission changes it is 3.7023. Motion was made by Commissioner Ferring to announce the Tentative Millage Rate for the City of Winter Springs of 3.7023. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Ferring to adopt the Tentative Millage Rate of3.7023 for the upcoming fiscal year. Seconded by Commissioner Conniff Discussion. Vote: Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush said agenda item D will be pulled from the agenda as the Manager and Attorney are still working on revisions and will be on the next regular scheduled meeting agenda. Approval/Disapproval of HMO to fully fund cost differential of Florida Municipal Major Medical coverage: Manger Govoruhk said Mr. John Ketteringham, General Services Director will cover this item. Mayor Bush said he read the information and what is the total amount of dollars are effected here that the Commission will either approve or disapprove. Mr. Ketteringham said there are 15 participants is $39.22 which is a cost differential XIS 50 if$588.30 per month. So for whatever months it takes us to award a new contract and we are estimating it will take us about four months so you are looking at $2,353.23 for the cost differential between the HMO and the modified PPO which would allow the 15 participants to keep their current physicians. Commissioner Ferring are all these participants electing to pay the difference between what is costing for the rest of the workers in the City and their plan. Mr. Ketteringham said there are only two that are willing to pay the differential between the current Florida Municipal Health Plan, which is considerably higher than the modified PPO that we got the quotes from AvMed on, there are only two participants that are willing to pay the differential themselves. So what we did is go out and Florida Municipal wouldn't cover those two participants, so what we did we asked A vMed to come up with a comparable PPO that will allow these participants to use their current physicians. They came back with a cost differential with the current HMO and the modified PPO of$39.22 per month. Commissioner Ferring said then we still have a dual plan then and the intention of this Commission was that we were going to have one standard plan for all the employees in this City and I don't know Regular Meeting City Commission September 11, 1995 94-95-29 Page 7 why we deviated away from that. Mr. Ketteringham said the reasons are that there was one particular case in point in the Fire Dept. where one person had family coverage in the FMHTF that he had to have those physicians and we tried to work around that for the balance from October 1 st, which is when the current plan expires and the time that we actually award a new contract and we estimate that to be somewhere around the first of the year, that is basically what we are trying to do. Discussion. Mr. Ketteringham said the total allotment for the health insurance was $349,087.00 and the current cost per employee for HMO is $1,813.00 per year and the current cost per employee for FMHTF is $3,839.00 per year and there wasn't any action taken during the workshops for the budget. There is quite a bit of differential between the two and we were trying to stay within the budget guidelines of $349,087. Commissioner Ferring said to the City Manager that he thought the Commission made it very clear that we wanted to get down to one health plan and if there were going to be any others that were going to be brought forth that we would have to discuss that in an ensuing budget year. Manager Govoruhk said during the workshop we have two and the comments that were made during the workshop that if the employees wanted they would have to pay the difference. We have two employees that want to do that and what we are trying to do for the next three or four months to give those employees the option for that short time and that is why we are asking guidance from the Commission do we do it or don't we do it. We are going out for RFP's and that should be done within the next three or four months. Ifwe don't do it then those two employees will be left out until we go out for a new insurance and come back because it might not be the HMO or FMHTF, we don't know who it will be with, we will have a whole new insurance program within the next four or five months. Commissioner Ferring said there has been a gross inequity through the years in this City regarding the health plans and when we were in discussion as to where we felt that we could reduce the budgets in this City, that was specifically mentioned that we would go to a single health plan for all employees and if the employees want to take their own health plan they would have the option to do so and pay the difference from what we are paying for everyone else in the City to what they want. I don't know why there is any confusion on that and where we went astray on this. Commissioner Conniff said to Mr. Ketteringham that he said something about the family in the Fire Dept. that this person needs to keep this certain plan, is there a physical problem. Mr. Ketteringham said yes, they have to have these particular physicians and FMHTF will not continue the plan for two participants, they have 15 participants now so they just would not continue it. So we tried to accommodate that particular family by going to A vMed and get the PPO from them to allow this particular family to keep their current physicians to continue on their health coverage for whatever period of time it takes us to award a new health and life insurance. Discussion. Mr. Ketteringham said this family could keep their current physicians at the differential of$39.22. Commissioner Langellotti asked if AvMed was the only plan that was approached on this. Mr. Ketteringham said yes because we are working with AvMed on the HMO now and they are covering the HMO and we are not trying to award brand new insurance at this point, we are going out with an RFP to do that and we had asked AvMed since FMHTF would not cover for just two participants and asked AvMed what they could do for us and they came back with this proposal; they are basically Regular Meeting City Commission September 11, 1995 94-95-29 Page 8 just modifying their current contract allowing it to extend beyond Oct. 1 for the balance of the time period and we are trying to put a "patch" in place basically. Discussion. Commissioner Langellotti suggested that the City has it in writing to cover the two employees so as not to leave them out on a "wing" Commissioner McLeod said so what you are asking us is to approve for basically of four months an expenditure of about $2,000 to continue coverage for particular families that want to continue this until they can find alternate coverage. Manager Govoruhk said that is correct. Commissioner McLeod said while you are looking for insurances to pick up your group, there should be something that is known as no gain/no loss~ in other words they want to pick your people up within the City then the insurance carrier cannot say they won't take an individual for "X" reason. Discussion. Mayor Bush said in light of Commissioner Ferring's point, is there some reason that we haven't already contracted with a new provider at this point, why do we have this four month opening? Manager Govoruhk said the RFP's were sent to the Attorney, which we just got the "ok" back from the City Attorney that we are ready to go out. We are going out for RFP's on liability, worker's compo and health, life and disability insurance~ also on the property causality insurance, by the time we get them out and give thirty days to get them back and then go through them and have Staff come up with the top three or five to give to the Commission, then the Commission does their interviewing and make their final decision we have looked at approximately three to four months to get it all done. Attorney Kruppenbacher said it is not a simplified process, these people have been working hard to get detailed bid specs, to come up with documents working with industry such that when we finally go out for bid you are going to get the best response as possible. Mayor Bush asked if the proposals that are being prepared do in fact encompass the Commission's wishes that Commissioner Ferring was pointing out. Attorney Kruppenbacher said yes, we are four months away from achieving your objective. Discussion. Commissioner Langellotti said to Mr. Ketteringham to make sure he asks about guaranteed issue, this means that any company can take the whole group in regardless of any health problems. Motion was made by Commissioner Langellotti to approve the funding of the HMO cost differential for four months. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Approval/Disapproval of Cable TV audit of Franchise agreements: Mayor Bush said we have a letter from Attorney Lang to the City Manager where he recommends that we periodically audit their records to determine whether or not we are being paid what we are owed. Commissioner Gennell asked if this is anticipated to be on a contingency basis of on a fee basis. Regular Meeting City Commission September 11, 1995 94-95-29 Page 9 Attorney Kruppenbacher said the Cities of Sanford and Longwood got into the contingency fee basis and both Cities will tell you that they ended up in the middle of a "war zone". Because you had a real fight, Sanford ended up being sued by the people who did the audit claiming that on the power company alone they owed them something like 70 thousand and ended up settling for 20 thousand; my recommendation is you don't do any audit in this City on a contingency fee basis; you pay people that professionally do this service. Commissioner Gennell said the reason she brought this up is she understands that both phone companies are refusing to let people into their facilities who are conducting the audits on a contingency basis. Attorney Kruppenbacher said he thinks the City ought to look at doing in future franchises is providing if our audits demonstrate there has been a failure to pay properly that is the result of the franchisees failure that they have to pay for the audit. Mayor Bush said this agenda item is really approval or disapproval of the concept of doing the audit and I think the Manager can come back to the Commission with a recommendation of what kind etc., Motion was made by Commissioner Ferring to approve the processing of the audit of the Cable TV and franchising agreements for all of our franchisees on a continued basis. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod said he thought the Commission discussed this before, it became clear that audits had been done before but normally ended up that the audit cost more than the revenues that came back from them, they are also audited by several other agencies that audit the franchise agreements themselves and they are under government guidelines; why do we want to spend money again to audit the audits unless we sit here as a Commission and know in our hearts and feel that there is monies that is not being paid to us, our own City Staff has told us they felt the audits were adequate. My question is why are we going to audit these people at this time. Mayor Bush said to answer your question, it was Mr. Lang's recommendation to the Manager where he recommends a periodic audit, he didn't say how often or when . Commissioner Ferring said in response to that, if you go back on your paper work you will see the documentation that was put forth showed that several audits of various Cities turned up a tremendous amount of monies for that City in respect to what it cost for the audit. I think I gave you documentation where it costs the City of Orlando $8,000 for an audit and they wound up with a surplus of over $70,000 on that one audit. Not to discriminate against one franchisee, it was recommended by the Attorney's that we do it on a regular basis to the franchisees that we do have in this City, one each year. Our regular audit procedure does not cover that particular area. It is just good business sense to do. Commissioner Gennell stated that she thinks it is a good idea to do, she hasn't heard of any Cities that were disappointed in doing it, but a lot of them did it on contingency basis so there is a question there, I could see us doing it on a rotating one per year and maybe reevaluate it after a certain time but it is also appropriate where we are coming up to renew some of these franchises to know where we stand. The only one that is going to have a vested interest in reviewing their franchise fees is someone who we appoint to that task. Some of the really big Cities have taken training for their own employees to go in and do it as part of their standard procedures, that is how critical they see it. Regular Meeting City Commission September 11, 1995 94-95-29 Page 10 Commissioner Conniff said he likes the idea of having some of our people do the audits, I don't think we need to do it on an annual basis, if we suspect anything we always have the power to subpoena and take them to court and let them prove they haven't. Attorney Kruppenbacher said to point out one thing to have the Manager check into is that he thinks the City of Maitland that paid Orlando auditors, their City auditors on Staff, to do audits for them, you may be able to buy it by looking at some of the governments who have huge auditing departments and find out if they would let you contact them. Mayor Bush said the Manger will come back with recommendations on auditing. Vote: Commissioner Gennell: aye~ Commissioner McLeod: nay~ Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye. Motion passes. Proposed Pubic safety Complex - Commission authorization to increase Architectural Professional Fee for addition of Add Alternate to existing contract: Manager Govoruhk said the Commission has a letter asking for authorization to go out for the $12,495.00. This will be a shell of an additional building, it will allow the City to receive a price for construction at this time so we can see if we have enough bond money to build it at this time. Mayor Bush asked if this would save the City money in the long run. Manager Govoruhk said yes it will and we hope we would be able to build the whole thing if we go out this way. Commissioner McLeod said what we are looking at as we are going through this is we continuing to have talks with the architect and continue to try and take the "fluff' out of this building, and in doing that we hope to find perhaps we can build the building we are wanting plus the additional three thousand feet to the building that would be the future building (that is about four years down the road) as a shell at the present time. That would save the City taxpayers quite a bit of money down the road from having to go back and tear up landscape, the yard, and everything else and have a general construction site at the Police Station and we are talking to the architect about the very basics to provide in that shell at this time. What we are looking as is the possibility at this time the complete shell of the building could be built similar to how malls and shopping centers are built and at a later date go in and finish the inside. Commissioner Gennell asked if the $12,495 will come out of the bond money or out of the general fund. Manager Govoruhk said out of the bond money, the money that has been set aside for the complex. Commissioner Conniff said basically it is pay now or pay more later. Commissioner McLeod said that is basically what it is, if we can build it today under the overall contract with all contractors as it is being built we should get a better price per square foot on the overall building. This is where some of our savings would come in~ we would not have a floor in this building, we would basically have a shell up. Discussion. Regular Meeting City Commission September 11, 1995 94-95-29 Page 11 Motion was made by Commissioner Conniff to approve the expenditure of $12,495 for the professional fees. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: nay; Commissioner Conniff; aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. City Attorney - Frank Kruppenbacher - Reports: Attorney Kruppenbacher gave the Mayor and Commission an ordinance and stated that he would like to have this put on the agenda, the ordinance deals with the City investment policy and this needs to be on the agenda tonight in order to comply with our law. You were given in your packets the investment policy. Motion was made by Commissioner Gennell to place on the agenda the discussion of the investment policy and investment policy ordinance. 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 stated that the Commission has in their packet the actual investment policy which is referred to as exhibit "A" to this ordinance. It is attached to the memo of August 29, 1995, from the City Manager to me regarding this issue. Attorney Kruppenbacher went over with the Commission the changes proposed in the policy and put this on for first reading and then deal with it again for second reading at the September 25, 1995 meeting. Attorney Kruppenbacher went on to his next item while the Clerk made copies of the investment policy. Attorney Kruppenbacher stated the question that Mr. Lang posed to him; on the outset incase there is any issues or concerns that I do employment work for the City of Casselberry and asked the Commission if they had a problem regarding the fact that he represents the City of Casselberry in employment matters with my giving an opinion on this matter. Commissioner Ferring said he had a problem with that. Mayor Bush asked if any other Commissioner had a problem with that. No other Commissioner stated they had a problem Commissioner Ferring said he thinks it is a conflict. Attorney Kruppenbacher said with his ethical background all it takes is one and this will be put on the next agenda and he will have Mr. Lang available to speak on this issue. Commissioner Ferring said he doesn't know if anybody recently read in the Orlando Sentinel regarding the City of Casselberry's annexation policies. They seem to have quite an appetite for annexation on their own and they are right now dueling with the County regarding their annexation policies. When the City of Casselberry came before us regarding this issue, just food for thought for this Commission to think about, is that we had asked them whether or not they would consider straightening out the fiasco on SR 434 where there is a one strip mall there that belongs to the City of Casselberry and we were told that we (Casselberry) would be glad to do that, only it is illegal that they can't deannex that, so the City of Winter Springs could annex it in and once and for all we can have a City line that is contiguous with the rest of our City. At that time I asked Attorney Lang to Regular Meeting City Commission September 11, 1995 94-95-29 Page 12 look into the legality of whether or not we would be able to annex in that western portion of the property that they are saying is illegal. All they want to give us is that little strip on the north side and I am talking about that southwestern piece that would make everything all contiguous. So far we haven't got anything on that. Mayor Bush stated that Attorney Kruppenbacher indicated that Attorney Lang will be at the next meeting. Attorney Kruppenbacher said we haven't gotten anything because Mr. Lang is not the City Attorney and he gave that request to me and as you know I've spoken to you before about this publicly and it has not been raised - the conflict. I will have him here at the next meeting. Commissioner McLeod said, didn't the City Manager and Mayor of Casselberry address that strip that they had taken that up with their City Attorney at the time and they weren't able to release that because it was part of a continuous portion of theirs? Mayor Bush said he thinks we should wait until the next meeting when Attorney Lang is here. Investment policy - Attorney Kruppenbacher said the fundamental issue that we have with this policy is, as drafted and proposed by Finance, it would delegate to the Finance Director of this City and the City Administrator, basically decisions on how to invest your money. We have to tell you that we have an issue with that; our theory is your investment policies and how the monies are invested etc. ought to within a frame work be approved by this Commission. Attorney Kruppenbacher said if that concept is agreeable to you that you (the Commission) ultimately have control, then we would like to put in some procedures and have that amended, that you adopt it tonight with that concept, and have the language that the Commission has the final authority and I believe your Manager recommends that also. Attorney Kruppenbacher said we have a "top flight" financial consultant that works with Mr. Govoruhk, Mr. Lentz and we want to put in some language that those policies or how those investments will be done in consultation with our consultants, there is no reason not to require that that be tapped before you get the recommendation. Commissioner Ferring said for the benefit that are listing to our exchange back and forth, what we are talking about basically is an investment policy for the City of Winter Springs on the monies that they have in their accounts and how to properly invest them and into what areas to invest them in and to set up proper auditing and proper accounting procedures to make sure everything is done under a controlled atmosphere, so this is basically what we are doing at this point. This is a rough draft of what we're talking about and it has to be worked on and amended to all of the Commission's satisfaction as they review it. The only problem is that we are working under a deadline, this has to be done by State Statute by October 1, 1995 and unfortunately we are at the 11th hour again. Attorney Kruppenbacher said on page 2, if you look at the reporting requirements proposed by Finance, it says "..a monthly report will be submitted to the City Manager by the Finance Director.." that report should also go to the Commission, I don't think your Manager wants to be in a position of getting finance reports, you not getting them and if there is a glitch being held accountable for it. The Manager and I have talked about it and he agrees the information is critical. On the finance Regular Meeting City Commission September 11, 1995 94-95-29 Page 13 committee, the proposal is that there be a semi-annual meeting, we propose that that be at least quarterly for the funds of the City. On the bank selection, where there be a depository services with a proposal no less than every five years~ five years is a long time, you have already expressed yourself on the concept of franchises and this kind of runs in conflict with that theory. I don't know why you would not look at that issue annually if that is what your financial consultants recommend and if there is a reason not to do it, let me put in here that you have the right to waive that. If your consultants say you want to do it every two years because there is some financial benefit to do it, I'm sure you would understand that but to go five years to me you have better control looking at that. Commissioner Gennell asked the Attorney to define Re-Purchase Agreement. Attorney Kruppenbacher said it is a very technical banking term and he doesn't know the answer and will find out between the next meeting. Mayor Bush said he was wondering if it wouldn't be prudent to have our financial consultant come and go over this with the Commission. Attorney Kruppenbacher said we will have him here at the next meeting. Commissioner Ferring said that Re-Purchase Agreement has to deal with short term investments and how they are handled and the scope goes quite large and you can read it in the Florida Statutes. Attorney Kruppenbacher said under Authorized Investments, he will leave it up to Mr. Lentz to tell us if that is satisfactory or not, we are awaiting that. Attorney Kruppenbacher said we recommend an expansion of paragraph 8 on page 4, to provide that one of the investments can be or in such other investments, trust funds, mutual funds, as maybe legally qualified for municipal investments by Florida Law, basically giving you the right to do anything that is qualified under Florida Law. Commissioner Ferring said on the money market funds, do we keep a running list because it says funds rated triple A or double A, G or better by standard and poors corporation and insured certificate of deposits and timed deposits received as required by Chapter 280 of the FL Statutes~ would you please have him look into that and define that more. Attorney Kruppenbacher said at the last meeting in September we should have Mr. Lentz and Mr. Martin here to go through how this works for them. Commissioner Ferring said and on internal controls on page four where it says internal controls will be reviewed and approved by the finance committee which deletes the Commission. Attorney Kruppenbacher said I am recommending a change to that to be they shall be reviewed and approved by the finance committee and recommended for final approval by the City Commission. Attorney Kruppenbacher said the portfolio and composition and diversification recommended change is to have that cover your invested and operating surplus funds which is the technical way that should read. Attorney Kruppenbacher said that covers the changes based upon what is provided. For everybody's benefit this is just passed by the Florida Legislature and it's purpose is to avoid what occurred in Regular Meeting City Commission September 11, 1995 94-95-29 Page 14 Orange County, CA, where there were a ton of investments and the public body didn't realize what was going on and then it collapsed. I would like to ask the Commission to authorize for first reading the ordinance and have it approved for second reading subject to the changes that have been covered and then at the second reading, I think given the nature of this issue, if any of you identify changes that you need made at that time, we will make those changes and adopt it at that meeting. Mayor Bush said so you are recommending that the Commission consider the first reading of the ordinance that you passed out regarding the investment. (ordinance number 599) Motion was made by Commissioner Conniff to read Ord.599 for first reading. Seconded by Commissioner Gennell. Discussion. Commissioner Ferring asked when is it anticipated that the Commission will get the revised copy of the investment policy. Attorney Kruppenbacher said by the end of this week; Mr. Lentz will call me to tell me ifhe saw anything financially and my comments will be revised and put in tomorrow so there is no reason you shouldn't have it by Friday. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 599 in it's entirety, and stated the second reading will be Sept. 25, 1995. Commission Seat I - Larry Conniff: No report. Mayor's Office - John F. Bush: Mayor Bush commended the City Manager for the memo he put out on Aug. 29, 1995, regarding the hurricane; this was an excellent report and he pointed out the way the City was prepared and pointed out what need to be taken care of in the future. I have asked the Clerk to give this to the Sentinel hopefully they will look at this and I would like to see it go to the Winter Springs Bulletin; it really informs the citizens of the City's preparedness and also identifies problems that the City is taking steps to take care of in the future. Mayor Bush read a letter that the Commission asked him to write to the Seminole County Commission in opposition to the privatization of the landfill. Discussion. Commissioner Ferring said that the Commission did not agree to say we would re-evaluate the privatization. Mayor Bush said he would re write the ending of the letter. Mayor Bush also mentioned that after reading the Code Enforcement Bd. minutes, he said pointed out some things to the Commission examples of the inadequacies of our Code Enforcement process. Mayor Bush said right now the Code Enforcement Board meets every other month and thinks this needs to be looked at and feels that they should meet every month. He feels that the Commission needs to look at how long it takes to enforce a code and feels that the Commission can improve this. Discussion. Mayor Bush mentioned that he was a little distraught to see that Time Warner is raising their rates agalO. Regular Meeting City Commission September 11, 1995 94-95-29 Page 15 Mayor Bush said a letter was received by the City from a Mr. John Kleja regarding an exception to bring more than two dogs. Manager Govoruhk said he was in the process of writing a letter to send to Mr. Kleja to come before the Commission because we don't know when he is going to bring in the dogs and how long they will be there and how will they be kept. Attorney Kruppenbacher said that before he got ill the City had a proposed settlement of a law suit involving an insurance company and the matter has been settled; the Manager simply needs to administratively execute the releases. We have been released of all liability, they have been released subject to the Manager and it's a technical thing that our carrier have to obtain execution on. I have advised the Manager to go ahead and execute the settlement. City Manager - John Govoruhk - Reports: Manager Govoruhk stated we are in the process with the School Board to renew our contract on the Resource Officer Contract on the upcoming term. Manager Govoruhk also stated that he and the City Clerk working on a process of notifying Board members as to when their term expires. Manager Govoruhk said he has gotten with Casselberry on the IceTee funding grants; our General Services Dept., Planner and Land Development are all working that. Manager Govoruhk said the deannexation/annexation with the City of Casselberry will be on the next meetings agenda. Manger Govoruhk said regarding the notice on the utility bills, Mr. Martin has explained to Commissioner Gennell that the information was received too late as the water bills had already gone out on one side of the City. Manager Govoruhk stated that he has a letter going to all Dept. Heads regarding the Code Enforcement, asking them to check everything in the Code and make any suggestions and recommendations on any ordinance that has to be changed and bring it back so it can go to the City Attorney and Commission. Commission Seat III - John Langellotti: Commissioner Langellotti asked the Attorney ifhe received any information from the Florida League Convention on personal property/private property rights. Attorney Kruppenbacher said no. Commissioner Langellotti said he will give the paper work to the Clerk and she will make copies to distribute to the Mayor and Commission. Commissioner Langellotti asked what can be done about putting a full stop sign on Winter Springs Blvd. at the entrance of Country Club Village and Tusca Oaks. Commissioner Langellotti stated that he has been hearing a lot of complaints and also had his car hit in the back. It would really slow down the traffic on that section. Regular Meeting City Commission September 11, 1995 94-95-29 Page 16 Commissioner Langellotti asked if the Fire Chiefhas been working on the ambulance service that has been going on and it he has can the Fire Chief give us some input. Fire Chief Tim Lallathin, stated that basically what we are doing is looking at all the information and studying the material that has been presented to see if it is feasible for city and County Fire Depts. to provide emergency transport to the hospital. One big issue is not raising taxes and not increasing the cost to the citizens that they currently pay now for that service. Discussion. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked Attorney Kruppenbacher if Attorney Lang asked him about her question about visioning and was there a provision in the settlement agreement for a PUD in the commercial area there to handle underground utilities and asked for a copy of that at the next meeting. Attorney Kruppenbacher said we are having our outside consultant check on that and is waiting for his response on that. Commissioner Gennell said at the last meeting there were at least three of the Commissioners who were interested in taking a bus and go around to look at sites like Commissioner Langellotti recommended and it didn't get brought up and I think if we are going to do it we need to do it and ifwe are not going to do it then we need to decide not to do it, but let's settle it. Discussion. Mayor Bush stated that he spoke with Attorney Lang after the meeting informally, and said that Attorney Kruppenbacher needs to get a hold of Mr. Lang so he (Kruppenbacher)can give a report to the Commission on how tins can be done and what has to be done and then the Commission can decide whether or not they want to do it. Attorney Kruppenbacher said you would have to rent a bus, you would have to notice the public and make it open and accessible. Discussion. Motion was made by Commissioner Gennell to secure a vehicle and establish a date and time and a route to look at some of the improved areas that we might like to consider patterning some of the things for our visioning for our 434 corridor. Seconded by Commissioner McLeod. Discussion. Commissioner Ferring said this is nothing but a dog and pony show and thinks that the Commission is all adult people and if we want to go around the town and look at improved properties that we have every right to do it on our own personal guidance, we don't have to get a caravan or expand taxpayers money to do this and disagrees with it. Commissioner Conniff said he doesn't think it is logistically wise unless we have a five tier bus. Vote: Commissioner Conniff: nay; Commissioner Ferring: nay; Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion fails. Commissioner Gennell stated that she accepted a plaque from the Seminole County School Board in appreciation to the City of Winter Springs as a partner in excellence with the School Board. Commission Seat V - David McLeod: Commissioner McLeod said regarding the corridor visioning, he has been going out on his own looking and taking photographs and when he completes what he is doing, his intentions are to have several duplicates made to be able to give each Commissioner , Mayor and City Manager and a Regular Meeting City Commission September 11, 1995 94-95-29 Page 17 couple extra copies for Staff in some of the things that he as a Commissioner finds tasteful for the City. On the other hand areas that are enlightening that other communities are doing. Mayor Bush stated he has "penned" a last paragraph for the letter to the County Commission on the privatization of the landfill and read it to the Commission. The Commission was in agreement to sent the letter with the revision. Commission Seat II - John Ferring: Commissioner Ferring said he would like to know what the Commission's opinion is on whether or not the City should fluoridate their water. Many other Cities throughout the Country fluoridate their water for prevention for cavity decay in young children and adults and for some reason it's hasn't been addressed by our City and would like to know whether or not we can have the Utility Director look into the pro's and con's of it. Discussion. It was the consensus of the Commission to have the City Manger look into that. Commissioner Ferring said it has come to his attention that there is a City Commissioner that has been attending County Workshops and getting up at those County Workshops and giving opinions that have not been under the guidance of this Commission in any respect. We have a policy and we set forth policies that anybody that goes out ant speaks for this City does so with the advise and consent of this City Commission and for anybody to start doing things on their own and representing themselves whether it be aka as a private citizen or as a Commissioner; you are still a Commissioner in this City and I would hope that this comes to an end. Nobody on this commission has got the right to speak for this City unless they are authorized to do so by the rest of this Commission and to do it is in direct conflict and can be held accountable for it. I know the Commissioner knows who I'm talking about and I just want to see it end once and for all. Commissioner Gennell stated this is not the Kremlin, it's not Bosenia, this is not Cuba, those are public meetings and these are public meetings and I have every right to be anywhere I want, I do not stand up and represent this City unless I'm so delegated and I am free to attend them and I will attend them and I won't tolerate being intimidated and blue collar union tactics and everything else used up here. I think it's an offense to this Commission. Commissioner Ferring said this is a very important point and I'm going to ask the City Attorney, we've got written reports Ms. Gennell, and I've got reports from people in the County that you are going out there and expressing opinions regarding things that have to come before this City body, now whether you call it blue collar union or communism or whatever you want to call it the point of the matter is that you do not represent this City unless we advise you to represent this City and if you want to do it then I'm going to be pressing charges against you for illegal procedures, and if you think it's funny you'll see how funny it is and there are written reports to document it. Mayor Bush said there is a gentleman in the audience who was not able to make it here for the public input; he has a problem with his water bill, he has attempted to work this out with the City Manager and Finance Director and he has asked that he come before the Commission and I know Public Input Regular Meeting City Commission September 11, 1995 94-95-29 Page 18 is over but I would like to ask the Commission's ability to let him speak. It was the consensus of the Commission to let the resident speak. Mr. Manuel Ayala, 611 Huntley Lane, spoke to the Commission regarding a problem with his water bill. Discussion. It was determined that Mr. Ayala would pay $150.00 construction deposit so he can have water service at 611 Huntley Lane during construction. It was also determined that the City Manager will bring back at the next meeting supporting documentation regarding this situation. Mr. Ayala will also bring in documentation. Attorney Kruppenbacher said this is a serious matter given what he heard raised tonight, and he has said this to the Commission before and will say it again because he doesn't want to be sitting here down the road with complaints with outside agencies or complaints to me or to the Commission, 1) none of you nor myself nor the City Manager is authorized to represent this City regarding any matter to the outside unless this Commission approves it. Now the Staff meaning the Manager, myself etc., we work within parameters you've preapproved that we know, you as Commissioners have got to avoid the appearance of impropriety and to that if there is this confusion being generated I would urge the Commissioner who is going to continue to voice her opinions to articulate at the up front of any meeting "I am not here as a spokesman for the City of Winter Springs Florida, I am not authorized on behalf to represent the City of Winter Springs Florida" that way there can't be any confusion from the people receiving the comments that they are City comments. Commissioner Ferring said whether you get up and speak as a private citizen or as a City Commissioner, you are still a City Commissioner, when you are speaking about issues that will come before this Commission for a vote, you can't speak as a private citizen; now if you are telling me that you can do that, you can speak as a private citizen and then come around and vote on that issue, then there is something very wrong here. Attorney Kruppenbacher said he will speak to the Commission more at the next meeting on this issue, in the mean time between now and the next meeting to forgo putting themselves in the position during this period of time from even having this issue raised and at the next meeting under my seat we will get this concluded once and for all so that there can't be any confusion. Mayor Bush stated he is planning to go to the County Commission meeting tomorrow night regarding the Oviedo Crossings Mall to listen to what is going to go on but I do not plan to speak. The meeting adjourned at 10: 10 p.m. Respectfully Submitted, ~~.~ Margo M. Hopkins, City Clerk APPROVED: ~~~R REGULAR MEETING CITY COMMISSION SEPTEMBER 11, 1995 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:35 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 Gennell, present David McLeod, present Mayor Bush asked for the invocation Mayor Bush asked for a moment of silent prayer. Approval of Minutes of August 28. 1995: Mayor Bush asked ifthere were any corrections or additions to the minutes of the August 28, 1995 meeting. Commissioner Gennell mentioned that she thinks there is a small part missing but is not sure if it was mentioned at the workshop (held before the regular meeting) or at the regular meeting and that she feels it is critical regarding when she asked Mr. McIntosh specifically is it his representation that his clients will continue to work with the rails to trails alliance and the cross Florida trail people and Mr. McIntosh said yes it is. That is not in the minutes of the Regular Meeting of Aug. 28, 1995. I want it reflected in one set of minutes, where ever it belongs. Discussion. I would suggest if the Clerk finds it on the tape, that it is in fact on the tape of the minutes of the regular meeting then the Clerk amend the minutes to reflect that. Mayor Bush asked for a motion to approve the minutes as amended. Motion was made by Commissioner Conniff to approve the minutes of the Regular Meeting of August 28, 1995 as amended. Seconded by Commissioner Gennell. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. PUBLIC INPUT Gene Lein, 1173 Wmged Foot Circle, President of Country Club Village Homeowners Assoc., spoke on behalf of the members and officers of the Homeowners Assoc., thanked the City Manager, City Attorney and the Commissioners involved and Staff; for helping to put together the Country Club Village Streetlight Maintenance District. Mayor Bush said before he gets to the General Agenda he would like to bring up one thing he was going to bring up under his seat and that is the Code Enforcement appointment he had - Mr. George Colombo, and the discussion the Commission had with the fact that some of the Board Members such Regular Meeting City Commission September 11, 1995 94-95-29 Page 2 as Lurene Lyzen were not notified about their term expiring. Mr. Colombo very graciously agreed to resign from the Board, he (Mr. Colombo) has talked with Ms. Lyzen and I have talked with Mr. Colombo a couple of times, before and after, and at this time I would like to nominate Ms. Lurene Lyzen to the Code Enforcement Board. Motion was made by Commissioner Ferring to place this on the agenda. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Mayor Bush nominated Ms. Lurene Lyzen to the Code Enforcement Board. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Commissioner Conniff stated that he has a letter of resignation from Sherylin Hill, he had recommended that she be placed on the Planning and Zoning Board and for professional reasons she tendered her resignation and he regretfully accepts her resignation. At this time I would like to ask the City Attorney if it is possible he appoint to his Planning and Zoning position out of his district. Discussion. Attorney Kruppenbacher said to make the nomination subject to it being legally approved. Commissioner Ferring said any Commissioner can appoint any resident of the City of Winter Springs to any Board and he doesn't know of any limitation of other than the geographic limitation placed on the Commissioners; you do not have to appoint somebody that is in your geographic district, that is the only prohibition we have in this City. Motion was made by Commissioner Conniff to place on the agenda the appointment to fill the vacancy on the Planning and Zoning Bd. Seconded by Commissioner Ferring. Discussion. Attorney Kruppenbacher stated that is subject ofit being politically correct. Vote: Commissioner McLeod: aye~ Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Motion was made by Commissioner Conniff to appoint David Hopkins to the Planning and Zoning Board. Seconded by Commissioner Ferring. Discussion. Commissioner McLeod stated that Mr. Hopkins is presently setting on one of the other Boards and as he (Comm. McLeod) understands Mr. Hopkins is willing to resign from that Board and that Board is the Code Enforcement Board. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye. Motion passes. Commissioner Ferring said with Mr. Hopkins resigning from the Code Enforcement Board that leaves a vacancy on the Code Enforcement Bd., and I understand that Mr. Bob Gray was interested in staying on that Board and therefore I would like to make a motion to put on the agenda appointment to the Code Enforcement Bd. Seconded by Commissioner Conniff. Discussion. Vote: Regular Meeting City Commission September 11, 1995 94-95-29 Page 3 Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Ferring to nominate Mr. Robert Gray to the Code Enforcement Bd. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher stated for the record he has looked at the Code and there is no prohibition on the appointment of the Zoning Board; however there is a Board that does require the appointment from Districts. GENERAL AGENDA Resolution No. 768 - Expressing appreciation to Gene Prestera for his service on the Code Enforcement Board: Mayor Bush read Resolution No. 768 in it's entirety. Resolution No. 769 - Expressing appreciation to Terry Meta for her service on the Beautification of Winter Springs Board (BOWS): Mayor Bush read Resolution No. 769 in it's entirety. Mayor Bush stated for all the citizens who serve on the City Boards and who give their time and efforts to make the City better, these Resolutions are a very small token of the appreciation of the Commission as well as the citizens of the City because many times their efforts go unnoticed by the majority of the population but the Commission knows the good work they have done and we certainly appreciate it and we hope the citizens of the City also appreciates it and I would like to ask the City Manager to see that these Resolutions are passed onto the Editor of the Winter Springs Bulletin so they can be noted in the next edition; they should be noted of the individuals of the good work they have done. Motion was made by Commissioner Gennell to approve Resolutions Nos. 768 and 769. Seconded by Commissioner McLeod. Discussion. Vote: Commission Gennell: aye; Commissioner Ferring; aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes. Public Hearing for 1995-1996 Fiscal Year Tentative Budget 1. Ad Valorem Millage - Discussion; a)Recompute and announce Tentative Millage Rate~ b) Adopt Tentative Millage Rate: Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there was anyone present who wishes to speak regarding the Fiscal Year 1995-1996 Budget. There was no one present who wished to speak regarding the Fiscal Year 1995-1996 Budget. Commissioner Gennell asked if the inventory for this year has been completed. Manager Govoruhk said the inventory has been completed and a check is being made on the items that have been Regular Meeting City Commission September 11, 1995 94-95-29 Page 4 transferred. Commissioner Gennell asked if it will be reconciled this year as the City Charter says. Manager Govoruhk said yes. Commissioner Gennell said regarding the Capital Improvements on the Parks Dept., I had asked the City Manager on a couple occasions to bring forth some suggestions for reapportioning the expenses between the East and West sides of the City. Because the Budget is $182,450.00 for Capital Improvements for Recreation Department, in the Central WindslWinding Hollow area $41,400.00 is allocated between Central Winds Park and engineering and things for Winding Hollow. On the East side of the City, which a majority of it is in the Tuscawilla area, it's $113,050.00; on the rest of the City, the West side it's $14,000.00; I think that it is not very equitable, I have brought it up in the workshops and here at this meeting once before and I don't think that that is a fair appropriation of Recreation Funds. I'm not suggesting for a moment not to do what we are doing in Tuscawilla but I am suggesting at the least that maybe we can postpone some of the things that are being done in Winding Hollow since nobody lives there right now. I think that since we represent all the citizens in the City that I think that we should more fairly appropriate the Recreation Funds. Commissioner McLeod said he believes that two years from now, there is somewhere around a quarter of a million dollars allocated to the West side of the City; I think that was brought out, I think we have a five year plan that shows this year the West side doesn't necessarily have a lot of monies being expended but the Parks and Recreation Director felt the attention needed to be given to present pieces that he had on the East side and the West side would be addressed two years from now with major funding compared to other parts of the City. I think at the workshop we had on the budget it was pretty well agreed upon by the Commissioners with the City Manager that we accepted that five year plan at present time. Discussion. Commissioner Ferring said this year, is the first year under the guidance of the City Manager that we have in place a five year growth plan; almost all Depts. with the exception of a few have put forth a five year growth plan and I think we went into a good discussion on this when we set the millage rate on July 24, 1995 and I want to take this time to complement the City Manager and his Staff and the Finance Director who grudgingly saw the light on what we were trying to do as far as maintaining the quality of service for the residents of this City but at the same time cutting to the "bone" areas that we could cut, thereby reducing the taxes in the City to the residents. I want to go on record in complementing the City Manager and his Staff for the work they have done on this budget. Mayor Bush said this issue has come up more than once and Commissioner Gennell has brought this up about the Parks; the plan that was submitted to the Commission at budget time, as far as I have determined, the Commission as a group has agreed with that and by approving the budget they have agreed with the plan and there has been no motions made to the contrary that would lead me to believe otherwise. Unless there is a Commissioner who wants to make a motion on this, and the Commission considers a vote, I think the plan stands as presented by the City Manager. Commissioner McLeod asked the City Manager and the Parks Director - do you still feel that your five year plan is an adequate plan for what we are doing with Parks and Recreation as it stands today. Regular Meeting City Commission September 11, 1995 94-95-29 Page 5 Manager Govoruhk referred that to the Parks and Recreation Director before he gives his comments. Don Wilson, Parks and Recreation Director, said in order to give the Commission a background about how he went about he put together the five year plan - he did not look at the City as district for district, had he been given those directions he would have; what he was looking at when he put the five year program together was year by year how he could phase out all the improvements needed where it would be adequate and possibly feasible to fund it. The first priority he has was safety, the second was drainage plans; the first year we are refurbishing some tennis courts- safety factors again, if we wait another year it will cost a lot more money to retain the existing courts especially at Sunshine Park. Relocation of one tennis court in another area; most of it is to get us in the situation where we can build something that will be there for years to come; we won't have flooding on the property. Also bring items up to OSHA standards for safety, that is the approach and philosophy I took, I think you are only looking at one year, I'm not saying that there is not more parks needed down the road but I was trying to address the immediate concerns, bring ourselves up shoulder level where we should be as far as conditions of the parks. Commissioner Langellotti asked if the residents over by Sunshine Park using the tennis courts. Mr. Wilson said he has seen residents use the courts, he has had complaints on why some residents will not use them. Manager Govoruhk said one thing Commissioner Gennell brought up regarding Winding Hollow, the only thing we are looking at this year is to come up with a plan for the next four or five years thereafter, the property owner has donated $20,000 towards that, so we are actually using the property owner donation for the next two years before we get into the General Fund, which will be the third year if nothing comes up to start into Winding Hollow. Hopefully between now and two years from now this whole plan will change because now we are looking at possibly annexations and the other property to possibly get between 75 acres to 250 acres for additional parks and recreation in the next two years minimum, so the whole five year plan may change. Commissioner Gennell said she is not going to stop raising this issue until she gets somebody's attention, it may not be in this budget but it will be in the next one and I apologize to anybody that is offended for calling it East and West. In that area as you well know it is our less advantaged side of town, there are not a lot of privileged children over there, we have the most over crowded Elementary School in the entire County on that side of town. Now we don't even have a summer youth program anymore, we don't have anybody providing anything and this $14, 000.00 is a pittance to our less advantaged citizens and I do not begrudge Tuscawilla if they need it I say do it; but I'm saying it's not equitable, that is just where I stand on it. Mayor Bush said for a point of clarification he believes the most over crowded school is Rainbow Elementary now. Commissioner McLeod said he doesn't know ifhis question has been answered by the City Manager - Is the City Manager presently supporting the five year budget plan. Manager Govoruhk said yes he is and remember one thing, this is this year's budget, next year you will have a whole new budget for approval. Commissioner McLeod said to the City Manager is he supporting the five year plan on the Regular Meeting City Commission September 11, 1995 94-95-29 Page 6 Parks as it is. Manager Govoruhk said yes. Commissioner Ferring said for anybody's information the millage rate that we will be setting tonight is 3.7023. Mayor Bush asked Harry Martin the Finance Director said the millage rate as it stands right now unless the Commission changes it is 3.7023. Motion was made by Commissioner Ferring to announce the Tentative Millage Rate for the City of Winter Springs of 3.7023. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Ferring to adopt the Tentative Millage Rate of3.7023 for the upcoming fiscal year. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush said agenda item D will be pulled from the agenda as the Manager and Attorney are still working on revisions and will be on the next regular scheduled meeting agenda. Approval/Disapproval of HMO to fully fund cost differential of Florida Municipal Major Medical coverage: Manger Govoruhk said Mr. John Ketteringham, General Services Director will cover this item. Mayor Bush said he read the information and what is the total amount of dollars are effected here that the Commission will either approve or disapprove. Mr. Ketteringham said there are 15 participants is $39.22 which is a cost differential XiS 50 if$588.30 per month. So for whatever months it takes us to award a new contract and we are estimating it will take us about four months so you are looking at $2,353.23 for the cost differential between the HMO and the modified PPO which would allow the 15 participants to keep their current physicians. Commissioner Ferring are all these participants electing to pay the difference between what is costing for the rest of the workers in the City and their plan. Mr. Ketteringham said there are only two that are willing to pay the differential between the current Florida Municipal Health Plan, which is considerably higher than the modified PPO that we got the quotes from A vMed on, there are only two participants that are willing to pay the differential themselves. So what we did is go out and Florida Municipal wouldn't cover those two participants, so what we did we asked AvMed to come up with a comparable PPO that will allow these participants to use their current physicians. They came back with a cost differential with the current HMO and the modified PPO of $39.22 per month. Commissioner Ferring said then we still have a dual plan then and the intention of this Commission was that we were going to have one standard plan for all the employees in this City and I don't know Regular Meeting City Commission September 11, 1995 94-95-29 Page 7 why we deviated away from that. Mr. Ketteringham said the reasons are that there was one particular case in point in the Fire Dept. where one person had family coverage in the FMHTF that he had to have those physicians and we tried to work around that for the balance from October 1 st, which is when the current plan expires and the time that we actually award a new contract and we estimate that to be somewhere around the first of the year, that is basically what we are trying to do. Discussion. Mr. Ketteringham said the total allotment for the health insurance was $349,087.00 and the current cost per employee for HMO is $1,813.00 per year and the current cost per employee for FMHTF is $3,839.00 per year and there wasn't any action taken during the workshops for the budget. There is quite a bit of differential between the two and we were trying to stay within the budget guidelines of $349,087. Commissioner Ferring said to the City Manager that he thought the Commission made it very clear that we wanted to get down to one health plan and if there were going to be any others that were going to be brought forth that we would have to discuss that in an ensuing budget year. Manager Govoruhk said during the workshop we have two and the comments that were made during the workshop that if the employees wanted they would have to pay the difference. We have two employees that want to do that and what we are trying to do for the next three or four months to give those employees the option for that short time and that is why we are asking guidance from the Commission do we do it or don't we do it. We are going out for RFP's and that should be done within the next three or four months. Ifwe don't do it then those two employees will be left out until we go out for a new insurance and come back because it might not be the HMO or FMHTF, we don't know who it will be with, we will have a whole new insurance program within the next four or five months. Commissioner Ferring said there has been a gross inequity through the years in this City regarding the health plans and when we were in discussion as to where we felt that we could reduce the budgets in this City, that was specifically mentioned that we would go to a single health plan for all employees and if the employees want to take their own health plan they would have the option to do so and pay the difference from what we are paying for everyone else in the City to what they want. I don't know why there is any confusion on that and where we went astray on this. Commissioner Conniff said to Mr. Ketteringham that he said something about the family in the Fire Dept. that this person needs to keep this certain plan, is there a physical problem. Mr. Ketteringham said yes, they have to have these particular physicians and FMHTF will not continue the plan for two participants, they have 15 participants now so they just would not continue it. So we tried to accommodate that particular family by going to A vMed and get the PPO from them to allow this particular family to keep their current physicians to continue on their health coverage for whatever period of time it takes us to award a new health and life insurance. Discussion. Mr. Ketteringham said this family could keep their current physicians at the differential of $39.22. Commissioner Langellotti asked if AvMed was the only plan that was approached on this. Mr. Ketteringham said yes because we are working with AvMed on the HMO now and they are covering the HMO and we are not trying to award brand new insurance at this point, we are going out with an RFP to do that and we had asked AvMed since FMHTF would not cover for just two participants and asked A vMed what they could do for us and they came back with this proposal; they are basically Regular Meeting City Commission September 11, 1995 94-95-29 Page 8 just modifying their current contract allowing it to extend beyond Oct. 1 for the balance of the time period and we are trying to put a "patch" in place basically. Discussion. Commissioner Langellotti suggested that the City has it in writing to cover the two employees so as not to leave them out on a "wing" Commissioner McLeod said so what you are asking us is to approve for basically of four months an expenditure of about $2,000 to continue coverage for particular families that want to continue this until they can find alternate coverage. Manager Govoruhk said that is correct. Commissioner McLeod said while you are looking for insurances to pick up your group, there should be something that is known as no gain/no loss; in other words they want to pick your people up within the City then the insurance carrier cannot say they won't take an individual for "X" reason. Discussion. Mayor Bush said in light of Commissioner Ferring's point, is there some reason that we haven't already contracted with a new provider at this point, why do we have this four month opening? Manager Govoruhk said the RFP's were sent to the Attorney, which we just got the "ok" back from the City Attorney that we are ready to go out. We are going out for RFP's on liability, worker's compo and health, life and disability insurance; also on the property causality insurance, by the time we get them out and give thirty days to get them back and then go through them and have Staff come up with the top three or five to give to the Commission, then the Commission does their interviewing and make their final decision we have looked at approximately three to four months to get it all done. Attorney Kruppenbacher said it is not a simplified process, these people have been working hard to get detailed bid specs, to come up with documents working with industry such that when we finally go out for bid you are going to get the best response as possible. Mayor Bush asked if the proposals that are being prepared do in fact encompass the Commission's wishes that Commissioner Ferring was pointing out. Attorney Kruppenbacher said yes, we are four months away from achieving your objective. Discussion. Commissioner Langellotti said to Mr. Ketteringham to make sure he asks about guaranteed issue, this means that any company can take the whole group in regardless of any health problems. Motion was made by Commissioner Langellotti to approve the funding of the HMO cost differential for four months. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye~ Commissioner Ferring: aye; Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye. Motion passes. ApprovaVDisapproval of Cable TV audit of Franchise agreements: Mayor Bush said we have a letter from Attorney Lang to the City Manager where he recommends that we periodically audit their records to determine whether or not we are being paid what we are owed. Commissioner Gennell asked if this is anticipated to be on a contingency basis of on a fee basis. Regular Meeting City Commission September 11, 1995 94-95-29 Page 9 Attorney Kruppenbacher said the Cities of Sanford and Longwood got into the contingency fee basis and both Cities will tell you that they ended up in the middle of a "war zone". Because you had a real fight, Sanford ended up being sued by the people who did the audit claiming that on the power company alone they owed them something like 70 thousand and ended up settling for 20 thousand; my recommendation is you don't do any audit in this City on a contingency fee basis; you pay people that professionally do this service. Commissioner Gennell said the reason she brought this up is she understands that both phone companies are refusing to let people into their facilities who are conducting the audits on a contingency basis. Attorney Kruppenbacher said he thinks the City ought to look at doing in future franchises is providing if our audits demonstrate there has been a failure to pay properly that is the result of the franchisees failure that they have to pay for the audit. Mayor Bush said this agenda item is really approval or disapproval of the concept of doing the audit and I think the Manager can come back to the Commission with a recommendation of what kind etc., Motion was made by Commissioner Ferring to approve the processing of the audit of the Cable TV and franchising agreements for all of our franchisees on a continued basis. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod said he thought the Commission discussed this before, it became clear that audits had been done before but normally ended up that the audit cost more than the revenues that came back from them, they are also audited by several other agencies that audit the franchise agreements themselves and they are under government guidelines; why do we want to spend money again to audit the audits unless we sit here as a Commission and know in our hearts and feel that there is monies that is not being paid to us, our own City Staffhas told us they felt the audits were adequate. My question is why are we going to audit these people at this time. Mayor Bush said to answer your question, it was Mr. Lang's recommendation to the Manager where he recommends a periodic audit, he didn't say how often or when . Commissioner F erring said in response to that, if you go back on your paper work you will see the documentation that was put forth showed that several audits of various Cities turned up a tremendous amount of monies for that City in respect to what it cost for the audit. I think I gave you documentation where it costs the City of Orlando $8,000 for an audit and they wound up with a surplus of over $70,000 on that one audit. Not to discriminate against one franchisee, it was recommended by the Attorney's that we do it on a regular basis to the franchisees that we do have in this City, one each year. Our regular audit procedure does not cover that particular area. It is just good business sense to do. Commissioner Gennell stated that she thinks it is a good idea to do, she hasn't heard of any Cities that were disappointed in doing it, but a lot of them did it on contingency basis so there is a question there, I could see us doing it on a rotating one per year and maybe reevaluate it after a certain time but it is also appropriate where we are coming up to renew some of these franchises to know where we stand. The only one that is going to have a vested interest in reviewing their franchise fees is someone who we appoint to that task. Some of the really big Cities have taken training for their own employees to go in and do it as part of their standard procedures, that is how critical they see it. Regular Meeting City Commission September 11, 1995 94-95-29 Page 10 Commissioner Conniff said he likes the idea of having some of our people do the audits, I don't think we need to do it on an annual basis, if we suspect anything we always have the power to subpoena and take them to court and let them prove they haven't. Attorney Kruppenbacher said to point out one thing to have the Manager check into is that he thinks the City of Maitland that paid Orlando auditors, their City auditors on Staff, to do audits for them, you may be able to buy it by looking at some of the governments who have huge auditing departments and find out if they would let you contact them. Mayor Bush said the Manger will come back with recommendations on auditing. Vote: Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Proposed Pubic safety Complex - Commission authorization to increase Architectural Professional Fee for addition of Add Alternate to existing contract: Manager Govoruhk said the Commission has a letter asking for authorization to go out for the $12,495.00. This will be a shell ofan additional building, it will allow the City to receive a price for construction at this time so we can see if we have enough bond money to build it at this time. Mayor Bush asked if this would save the City money in the long run. Manager Govoruhk said yes it will and we hope we would be able to build the whole thing if we go out this way. Commissioner McLeod said what we are looking at as we are going through this is we continuing to have talks with the architect and continue to try and take the "fluff" out of this building, and in doing that we hope to find perhaps we can build the building we are wanting plus the additional three thousand feet to the building that would be the future building (that is about four years down the road) as a shell at the present time. That would save the City taxpayers quite a bit of money down the road from having to go back and tear up landscape, the yard, and everything else and have a general construction site at the Police Station and we are talking to the architect about the very basics to provide in that shell at this time. What we are looking as is the possibility at this time the complete shell of the building could be built similar to how malls and shopping centers are built and at a later date go in and finish the inside. Commissioner Gennell asked if the $12,495 will come out of the bond money or out of the general fund. Manager Govoruhk said out of the bond money, the money that has been set aside for the complex. Commissioner Conniff said basically it is pay now or pay more later. Commissioner McLeod said that is basically what it is, if we can build it today under the overall contract with all contractors as it is being built we should get a better price per square foot on the overall building. This is where some of our savings would come in; we would not have a floor in this building, we would basically have a shell up. Discussion. Regular Meeting City Commission September 11, 1995 94-95-29 Page 11 Motion was made by Commissioner Conniff to approve the expenditure of $12,495 for the professional fees. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: nay; Commissioner Conniff; aye~ Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. City Attorney - Frank Kruppenbacher - Reports: Attorney Kruppenbacher gave the Mayor and Commission an ordinance and stated that he would like to have this put on the agenda, the ordinance deals with the City investment policy and this needs to be on the agenda tonight in order to comply with our law. You were given in your packets the investment policy. Motion was made by Commissioner Gennell to place on the agenda the discussion of the investment policy and investment policy ordinance. 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 stated that the Commission has in their packet the actual investment policy which is referred to as exhibit "A" to this ordinance. It is attached to the memo of August 29, 1995, from the City Manager to me regarding this issue. Attorney Kruppenbacher went over with the Commission the changes proposed in the policy and put this on for first reading and then deal with it again for second reading at the September 25, 1995 meeting. Attorney Kruppenbacher went on to his next item while the Clerk made copies of the investment policy. Attorney Kruppenbacher stated the question that Mr. Lang posed to him~ on the outset incase there is any issues or concerns that I do employment work for the City of Casselberry and asked the Commission if they had a problem regarding the fact that he represents the City of Casselberry in employment matters with my giving an opinion on this matter. Commissioner Ferring said he had a problem with that. Mayor Bush asked if any other Commissioner had a problem with that. No other Commissioner stated they had a problem Commissioner Ferring said he thinks it is a conflict. Attorney Kruppenbacher said with his ethical background all it takes is one and this will be put on the next agenda and he will have Mr. Lang available to speak on this issue. Commissioner Ferring said he doesn't know if anybody recently read in the Orlando Sentinel regarding the City of Casselberry's annexation policies. They seem to have quite an appetite for annexation on their own and they are right now dueling with the County regarding their annexation policies. When the City of Casselberry came before us regarding this issue, just food for thought for this Commission to think about, is that we had asked them whether or not they would consider straightening out the fiasco on SR 434 where there is a one strip mall there that belongs to the City of Casselberry and we were told that we (Casselberry) would be glad to do that, only it is illegal that they can't deannex that, so the City of Winter Springs could annex it in and once and for all we can have a City line that is contiguous with the rest of our City. At that time I asked Attorney Lang to Regular Meeting City Commission September 11, 1995 94-95-29 Page 12 look into the legality of whether or not we would be able to annex in that western portion of the property that they are saying is illegal. All they want to give us is that little strip on the north side and I am talking about that southwestern piece that would make everything all contiguous. So far we haven't got anything on that. Mayor Bush stated that Attorney Kruppenbacher indicated that Attorney Lang will be at the next meeting. Attorney Kruppenbacher said we haven't gotten anything because Mr. Lang is not the City Attorney and he gave that request to me and as you know I've spoken to you before about this publicly and it has not been raised - the conflict. I will have him here at the next meeting. Commissioner McLeod said, didn't the City Manager and Mayor of Casselberry address that strip that they had taken that up with their City Attorney at the time and they weren't able to release that because it was part of a continuous portion of theirs? Mayor Bush said he thinks we should wait until the next meeting when Attorney Lang is here. Investment policy - Attorney Kruppenbacher said the fundamental issue that we have with this policy is, as drafted and proposed by Finance, it would delegate to the Finance Director of this City and the City Administrator, basically decisions on how to invest your money. We have to tell you that we have an issue with that; our theory is your investment policies and how the monies are invested etc. ought to within a frame work be approved by this Commission. Attorney Kruppenbacher said if that concept is agreeable to you that you (the Commission) ultimately have control, then we would like to put in some procedures and have that amended, that you adopt it tonight with that concept, and have the language that the Commission has the final authority and I believe your Manager recommends that also. Attorney Kruppenbacher said we have a "top flight" financial consultant that works with Mr. Govoruhk, Mr. Lentz and we want to put in some language that those policies or how those investments will be done in consultation with our consultants, there is no reason not to require that that be tapped before you get the recommendation. Commissioner Ferring said for the benefit that are listing to our exchange back and forth, what we are talking about basically is an investment policy for the City of Winter Springs on the monies that they have in their accounts and how to properly invest them and into what areas to invest them in and to set up proper auditing and proper accounting procedures to make sure everything is done under a controlled atmosphere, so this is basically what we are doing at this point. This is a rough draft of what we're talking about and it has to be worked on and amended to all of the Commission's satisfaction as they review it. The only problem is that we are working under a deadline, this has to be done by State Statute by October 1, 1995 and unfortunately we are at the 11 th hour again. Attorney Kruppenbacher said on page 2, if you look at the reporting requirements proposed by Finance, it says "..a monthly report will be submitted to the City Manager by the Finance Director.. " that report should also go to the Commission, I don't think your Manager wants to be in a position of getting finance reports, you not getting them and if there is a glitch being held accountable for it. The Manager and I have talked about it and he agrees the information is critical. On the finance Regular Meeting City Commission September 11, 1995 94-95-29 Page 13 committee, the proposal is that there be a semi-annual meeting, we propose that that be at least quarterly for the funds of the City. On the bank selection, where there be a depository services with a proposal no less than every five years; five years is a long time, you have already expressed yourself on the concept of franchises and this kind of runs in conflict with that theory. I don't know why you would not look at that issue annually if that is what your financial consultants recommend and if there is a reason not to do it, let me put in here that you have the right to waive that. If your consultants say you want to do it every two years because there is some financial benefit to do it, I'm sure you would understand that but to go five years to me you have better control looking at that. Commissioner Gennell asked the Attorney to define Re-Purchase Agreement. Attorney Kruppenbacher said it is a very technical banking term and he doesn't know the answer and will find out between the next meeting. Mayor Bush said he was wondering if it wouldn't be prudent to have our financial consultant come and go over this with the Commission. Attorney Kruppenbacher said we will have him here at the next meeting. Commissioner Ferring said that Re-Purchase Agreement has to deal with short term investments and how they are handled and the scope goes quite large and you can read it in the Florida Statutes. Attorney Kruppenbacher said under Authorized Investments, he will leave it up to Mr. Lentz to tell us if that is satisfactory or not, we are awaiting that. Attorney Kruppenbacher said we recommend an expansion of paragraph 8 on page 4, to provide that one of the investments can be or in such other investments, trust funds, mutual funds, as maybe legally qualified for municipal investments by Florida Law, basically giving you the right to do anything that is qualified under Florida Law. Commissioner Ferring said on the money market funds, do we keep a running list because it says funds rated triple A or double A, G or better by standard and poors corporation and insured certificate of deposits and timed deposits received as required by Chapter 280 of the FL Statutes; would you please have him look into that and define that more. Attorney Kruppenbacher said at the last meeting in September we should have Mr. Lentz and Mr. Martin here to go through how this works for them. Commissioner Ferring said and on internal controls on page four where it says internal controls will be reviewed and approved by the finance committee which deletes the Commission. Attorney Kruppenbacher said I am recommending a change to that to be they shall be reviewed and approved by the finance committee and recommended for final approval by the City Commission. Attorney Kruppenbacher said the portfolio and composition and diversification recommended change is to have that cover your invested and operating surplus funds which is the technical way that should read. Attorney Kruppenbacher said that covers the changes based upon what is provided. For everybody's benefit this is just passed by the Florida Legislature and it's purpose is to avoid what occurred in Regular Meeting City Commission September 11, 1995 94-95-29 Page 14 Orange County, CA, where there were a ton of investments and the public body didn't realize what was going on and then it collapsed. I would like to ask the Commission to authorize for first reading the ordinance and have it approved for second reading subject to the changes that have been covered and then at the second reading, I think given the nature of this issue, if any of you identify changes that you need made at that time, we will make those changes and adopt it at that meeting. Mayor Bush said so you are recommending that the Commission consider the first reading of the ordinance that you passed out regarding the investment. (ordinance number 599) Motion was made by Commissioner Conniff to read Ord.599 for first reading. Seconded by Commissioner Gennell. Discussion. Commissioner Ferring asked when is it anticipated that the Commission will get the revised copy of the investment policy. Attorney Kruppenbacher said by the end of this week; Mr. Lentz will call me to tell me if he saw anything financially and my comments will be revised and put in tomorrow so there is no reason you shouldn't have it by Friday. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 599 in it's entirety, and stated the second reading will be Sept. 25, 1995. Commission Seat I - Larry Conniff: No report. Mayor's Office - John F. Bush: Mayor Bush commended the City Manager for the memo he put out on Aug. 29, 1995, regarding the hurricane; this was an excellent report and he pointed out the way the City was prepared and pointed out what need to be taken care of in the future. I have asked the Clerk to give this to the Sentinel hopefully they will look at this and I would like to see it go to the Winter Springs Bulletin; it really informs the citizens of the City's preparedness and also identifies problems that the City is taking steps to take care of in the future. Mayor Bush read a letter that the Commission asked him to write to the Seminole County Commission in opposition to the privatization of the landfill. Discussion. Commissioner Ferring said that the Commission did not agree to say we would re-evaluate the privatization. Mayor Bush said he would re write the ending of the letter. Mayor Bush also mentioned that after reading the Code Enforcement Bd. minutes, he said pointed out some things to the Commission examples of the inadequacies of our Code Enforcement process. Mayor Bush said right now the Code Enforcement Board meets every other month and thinks this needs to be looked at and feels that they should meet every month. He feels that the Commission needs to look at how long it takes to enforce a code and feels that the Commission can improve this. Discussion. Mayor Bush mentioned that he was a little distraught to see that Time Warner is raising their rates agam. Regular Meeting City Commission September 11, 1995 94-95-29 Page 15 Mayor Bush said a letter was received by the City from a Mr. John Kleja regarding an exception to bring more than two dogs. Manager Govoruhk said he was in the process of writing a letter to send to Mr. Kleja to come before the Commission because we don't know when he is going to bring in the dogs and how long they will be there and how will they be kept. Attorney Kruppenbacher said that before he got ill the City had a proposed settlement of a law suit involving an insurance company and the matter has been settled; the Manager simply needs to administratively execute the releases. We have been released of all liability, they have been released subject to the Manager and it's a technical thing that our carrier have to obtain execution on. I have advised the Manager to go ahead and execute the settlement. City Manager - John Govoruhk - Reports: Manager Govoruhk stated we are in the process with the School Board to renew our contract on the Resource Officer Contract on the upcoming term. Manager Govoruhk also stated that he and the City Clerk working on a process of notifYing Board members as to when their term expires. Manager Govoruhk said he has gotten with Casselberry on the IceTee funding grants; our General Services Dept., Planner and Land Development are all working that. Manager Govoruhk said the deannexationlannexation with the City of Casselberry will be on the next meetings agenda. Manger Govoruhk said regarding the notice on the utility bills, Mr. Martin has explained to Commissioner Gennell that the information was received too late as the water bills had already gone out on one side of the City. Manager Govoruhk stated that he has a letter going to all Dept. Heads regarding the Code Enforcement, asking them to check everything in the Code and make any suggestions and recommendations on any ordinance that has to be changed and bring it back so it can go to the City Attorney and Commission. Commission Seat ill - John Langellotti: Commissioner Langellotti asked the Attorney ifhe received any information from the Florida League Convention on personal property/private property rights. Attorney Kruppenbacher said no. Commissioner Langellotti said he will give the paper work to the Clerk and she will make copies to distribute to the Mayor and Commission. Commissioner Langellotti asked what can be done about putting a full stop sign on Winter Springs Blvd. at the entrance of Country Club Village and Tusca Oaks. Commissioner Langellotti stated that he has been hearing a lot of complaints and also had his car hit in the back. It would really slow down the traffic on that section. Regular Meeting City Commission September 11, 1995 94-95-29 Page 16 Commissioner Langellotti asked if the Fire Chiefhas been working on the ambulance service that has been going on and it he has can the Fire Chief give us some input. Fire Chief Tim Lallathin, stated that basically what we are doing is looking at all the information and studying the material that has been presented to see if it is feasible for city and County Fire Depts. to provide emergency transport to the hospital. One big issue is not raising taxes and not increasing the cost to the citizens that they currently pay now for that service. Discussion. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked Attorney Kruppenbacher if Attorney Lang asked him about her question about visioning and was there a provision in the settlement agreement for a PUD in the commercial area there to handle underground utilities and asked for a copy of that at the next meeting. Attorney Kruppenbacher said we are having our outside consultant check on that and is waiting for his response on that. Commissioner Gennell said at the last meeting there were at least three of the Commissioners who were interested in taking a bus and go around to look at sites like Commissioner Langellotti recommended and it didn't get brought up and I think if we are going to do it we need to do it and ifwe are not going to do it then we need to decide not to do it, but let's settle it. Discussion. Mayor Bush stated that he spoke with Attorney Lang after the meeting informally, and said that Attorney Kruppenbacher needs to get a hold of Mr. Lang so he (Kruppenbacher)can give a report to the Commission on how tins can be done and what has to be done and then the Commission can decide whether or not they want to do it. Attorney Kruppenbacher said you would have to rent a bus, you would have to notice the public and make it open and accessible. Discussion. Motion was made by Commissioner Gennell to secure a vehicle and establish a date and time and a route to look at some of the improved areas that we might like to consider patterning some of the things for our visioning for our 434 corridor. Seconded by Commissioner McLeod. Discussion. Commissioner Ferring said this is nothing but a dog and pony show and thinks that the Commission is all adult people and ifwe want to go around the town and look at improved properties that we have every right to do it on our own personal guidance, we don't have to get a caravan or expand taxpayers money to do this and disagrees with it. Commissioner Conniff said he doesn't think it is logistically wise unless we have a five tier bus. Vote: Commissioner Conniff: nay; Commissioner Ferring: nay; Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion fails. Commissioner Gennell stated that she accepted a plaque from the Seminole County School Board in appreciation to the City of Winter Springs as a partner in excellence with the School Board. Commission Seat V - David McLeod: Commissioner McLeod said regarding the corridor visioning, he has been going out on his own looking and taking photographs and when he completes what he is doing, his intentions are to have several duplicates made to be able to give each Commissioner , Mayor and City Manager and a Regular Meeting City Commission September 11, 1995 94-95-29 Page 17 couple extra copies for Staff in some of the things that he as a Commissioner finds tasteful for the City. On the other hand areas that are enlightening that other communities are doing. Mayor Bush stated he has "penned" a last paragraph for the letter to the County Commission on the privatization of the landfill and read it to the Commission. The Commission was in agreement to sent the letter with the revision. Commission Seat II - John Ferring: Commissioner Ferring said he would like to know what the Commission's opinion is on whether or not the City should fluoridate their water. Many other Cities throughout the Country fluoridate their water for prevention for cavity decay in young children and adults and for some reason it's hasn't been addressed by our City and would like to know whether or not we can have the Utility Director look into the pro's and con's of it. Discussion. It was the consensus of the Commission to have the City Manger look into that. Commissioner Ferring said it has come to his attention that there is a City Commissioner that has been attending County Workshops and getting up at those County Workshops and giving opinions that have not been under the guidance of this Commission in any respect. We have a policy and we set forth policies that anybody that goes out ant speaks for this City does so with the advise and consent of this City Commission and for anybody to start doing things on their own and representing themselves whether it be aka as a private citizen or as a Commissioner; you are still a Commissioner in this City and I would hope that this comes to an end. Nobody on this commission has got the right to speak for this City unless they are authorized to do so by the rest of this Commission and to do it is in direct conflict and can be held accountable for it. I know the Commissioner knows who I'm talking about and I just want to see it end once and for all. Commissioner Gennell stated this is not the Kremlin, it's not Bosenia, this is not Cuba, those are public meetings and these are public meetings and I have every right to be anywhere I want, I do not stand up and represent this City unless I'm so delegated and I am free to attend them and I will attend them and I won't tolerate being intimidated and blue collar union tactics and everything else used up here. I think it's an offense to this Commission. Commissioner Ferring said this is a very important point and I'm going to ask the City Attorney, we've got written reports Ms. Gennell, and I've got reports from people in the County that you are going out there and expressing opinions regarding things that have to come before this City body, now whether you call it blue collar union or communism or whatever you want to call it the point of the matter is that you do not represent this City unless we advise you to represent this City and if you want to do it then I'm going to be pressing charges against you for illegal procedures, and if you think it's funny you'll see how funny it is and there are written reports to document it. Mayor Bush said there is a gentleman in the audience who was not able to make it here for the public input; he has a problem with his water bill, he has attempted to work this out with the City Manager and Finance Director and he has asked that he come before the Commission and I know Public Input Regular Meeting City Commission September 11, 1995 94-95-29 Page 18 is over but I would like to ask the Commission's ability to let him speak. It was the consensus of the Commission to let the resident speak. Mr. Manuel Ayala, 611 Huntley Lane, spoke to the Commission regarding a problem with his water bill. Discussion. It was determined that Mr. Ayala would pay $150.00 construction deposit so he can have water service at 611 Huntley Lane during construction. It was also determined that the City Manager will bring back at the next meeting supporting documentation regarding this situation. Mr. Ayala will also bring in documentation. Attorney Kruppenbacher said this is a serious matter given what he heard raised tonight, and he has said this to the Commission before and will say it again because he doesn't want to be sitting here down the road with complaints with outside agencies or complaints to me or to the Commission, 1) none of you nor myself nor the City Manager is authorized to represent this City regarding any matter to the outside unless this Commission approves it. Now the Staff meaning the Manager, myself etc., we work within parameters you've preapproved that we know, you as Commissioners have got to avoid the appearance of impropriety and to that if there is this confusion being generated I would urge the Commissioner who is going to continue to voice her opinions to articulate at the up front of any meeting "I am not here as a spokesman for the City of Winter Springs Florida, I am not authorized on behalf to represent the City of Winter Springs Florida" that way there can't be any confusion from the people receiving the comments that they are City comments. Commissioner Ferring said whether you get up and speak as a private citizen or as a City Commissioner, you are still a City Commissioner, when you are speaking about issues that will come before this Commission for a vote, you can't speak as a private citizen; now if you are telling me that you can do that, you can speak as a private citizen and then come around and vote on that issue, then there is something very wrong here. Attorney Kruppenbacher said he will speak to the Commission more at the next meeting on this issue, in the mean time between now and the next meeting to forgo putting themselves in the position during this period of time from even having this issue raised and at the next meeting under my seat we will get this concluded once and for all so that there can't be any confusion. Mayor Bush stated he is planning to go to the County Commission meeting tomorrow night regarding the Oviedo Crossings Mall to listen to what is going to go on but I do not plan to speak. The meeting adjourned at 10: 10 p.m. Respectfully Submitted, ~~.~ Margo M. Hopkins, City Clerk APPROVED: ~~~R