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HomeMy WebLinkAbout1995 11 13 City Commission Regular Minutes ,,' ;,:'~:i REGULAR MEETING CITY COMMISSION NOVEMBER 13, 1995 I. Call to Order. Roll CalL Invocation. Pledge of Allegiance. Approval of Minutes of October 23. 1995. and Approval of Minutes of Special Meeting of November 1. 1995: The meeting was called to order by Mayor Bush at 7:35 p.m. in the commission chambers at city hall. 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, absent David McLeod, absent Mayor Bush requested everyone to rise for a moment of silent prayer and the Pledge of Allegiance. The minutes of the October 23, 1995 meeting and the November 1, 1995 special meeting stand approved as presented. John Govoruhk stated a correction for the October 9, 1995 minutes. He said he was absent at that meeting, but the minutes indicated that he was present. II. Public Input: Mr. Martin Nold, 135 Panama Road, E., complimented the road maintenance crews for their work on the roads, but stated that the roads need to be paved. The roads are muddy when wet; however, that isn't as bad as when the roads dry, and become washboards. Drainage alone won't fix the problem. It has been suggested to pave the roads, and have a bridle path along side. This will not lower the value of properties, and the rustic appearance will remain. With the cost of paving going up, and the availability of funds ; it only seems logical to take advantage now of this opportunity. Giving the homeowners at no cost, the kind of roads they should have. Mayor Bush pointed out that the Ranchlands paving issue was an item on the agenda, and public input could be give at that time. George W. Seely, 211 Birch Terrace, stated that a couple of weeks ago the sheriff of Seminole County kicked off a campaign for his re-election, and his list of supporters included Mayor John Bush. By the end of two weeks, Mr. Seely heard from people around the county that the City of Winter Springs was supporting Eslinger for re-election. He added, there are a lot of people in Winter Springs who do not support Eslinger. Mr. Seely strenuously objects to the title of Mayor of Winter Springs supporting a candidate for elective office without the expressed approval of the voters and/or their elected representatives. Regular Meeting City Commission November 13, 1995 95-96-03 Page 2 Mayor Bush stated that he supports several people running for office, and that he hasn't made any commitment for the city or the citizens of the city in any endorsement. Attorney Kruppenbacher said that he will contact the Division of Elections in Tallahassee, and have answers for Mayor Bush at the next meeting. Al Lockyer, 212 Morton Lane, read a letter signed by Duane Roaderick. The letter stated that petitions received indicate about 80% of the property owners on the affected streets desire paving. Due to a retention lake constructed directly in the area where Shore Road was to connect to Highway 434, the traffic on Panama, Bahama, and Fisher Roads will increase. Impact fees that the city has already collected can pave the roads. The letter also read Mr. Lockcuff indicated it would be desirable to designate Fisher Road a connector. Additional paving petitions are presently being circulated to property owners on residential streets, and should be completed in time for the next commission meeting. Mr. Lockyer said that he supports Mr. Roaderick's letter. He requested the city to authorize the research to find the monies necessary to pave the residential roads. He also requested that the commission research what it would take to immediately improve the quality of the dirt roads and road sides. When entering the community from Byrd Road, it resembles an entrance to a dump. All of the road sides along Fisher Road are in very poor condition. It is almost weekly that garbage trucks get stuck in the sugar sand on Morton Lane. Mr. Lockyer's son was coming home about three or four months ago, and the roads were relatively driveable. While driving over Arnold Road on Sunrise Road, he hit a one foot dip in the road which caused $2000.00 in damages. If the paving project will take a while, then we should look into stabilizing what is there to make the roads more safe. Art Hoffinann, 1436 Mt. Laurel Dr., spoke as the chairman of the Planning and Zoning Board. At the last P & Z Meeting, Commissioner Langellotti attended. During the second subject, Commissioner Gennell entered. Commissioner Langellotti left before the second subject ended. During a brief recess, a number of people including Commissioner Gennell conversed in the back of the room. Mr. Hoffmann reminded the commission that it is not only what they do, but also the impression left when doing these things. He suggested that the city attorney consider speaking to Commissioner Gennell, asking her to recluse herselffrom voting on the subject of the annexation of Battle Ridge because she spectated and conversed with some of who spoke in rebuttal to the issue. Attorney Kruppenbacher said that he would not comment in the absence of Commissioner Gennell. Commissioner Ferring said that it would be proper to postpone the issue until Commissioner Gennell is present. He has talked about this issue for a good period of time, and asked Attorney Kruppenbacher to have information for the next meeting. Attorney Kruppenbacher said he would. Mr. Hoffinann said that the subject will be presented at the next meeting. Commissioner Ferring said that he doesn't know that to be a fact at this point. Commissioner Langellotti stated that he did not think it would be proper to stay knowing Battle Ridge was an item that was going to be coming before the commission. Commissioner Conniff mentioned that Mr. Hoffinann said that she talked to members of the public, but didn't address any P & Z Board members, and asked if this was correct. Mr. Hoffinann said as far as he could tell. Regular Meeting City Commission November 13, 1995 95-96-03 Page 3 Charles Comeau, of Longwood, said that his daughter attends Starlight Christian Academy and he attends Starlight Christian Church. He drives Hayes and Bahama Roads at least 16 to 20 times a week. The roads are dangerous. He would like to see Hayes and Bahama Roads paved to make it safer. Commissioner Ferring requested Mr.Comeau to tell his pastor that the commission received his message, along with messages from some parishioners. The message is loud and clear, and will be addressed. David Sheets, of Casselberry, said he is a member of Starlight Baptist Church also. He would like to see the roads paved for all of the reasons that have been previously brought forward. He owns the lot at the comer of Stoner and Hayes Roads, and when it rains many cars get stuck. III. General Agenda: A. The Reserve at Tuscawilla Phase II - Approval/Disapproval for recordation of plat and supplemental covenants (property located west of Howell Creek. south of S.R. 434 and north of abandoned CSX railroad). Don LeBlanc, Land Development Specialist, said that to record the plat and supplemental covenants only is not acceptance of the project. There is a performance bond in place, and the maintenance bond is received when the city accepts the project. Commissioner Ferring asked if the supplemental covenant goes with the original covenants. Mr. LeBlanc answered, yes. He also asked if it changed anything. No, replied Mr. LeBlanc. Motion was made by Commissioner Ferring for the recordation of the plat and supplemental covenants located west of Howell Creek, south of S.R. 434, and also known as Tuscawilla Phase II. The motion was seconded by Commissioner Conniff . Vote: Commissioner Conniff, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye. Motion passed. B. Eagle's Watch Phase Two - Approval/Disapproval for acceptance of water system. sewer system. and reclaimed water system for city maintenance. and for the Recordation of plat and supplemental covenants (property located south of S.R. 434. west of GreeneWay. north of abandoned CSX railroad and east of Vista willa Drive). Mr. LeBlanc stated that the plat and supplemental covenants for Eagle's Watch are for the same reasons as the Reserve at Tuscawilla. The project is being accepted. There has been no objection. Mr. LeBlanc found that there is a two year, ten percent maintenance bond to the city. The city engineer wanted a four year, 100 percent bond furnished to the homeowners association because of the asphalt problems. Mr. LeBlanc said he has checked the two year maintenance bond to the city and everything was okay. He checked on the four year maintenance bond, and found out that Armor is primarily in the automobile insurance field, and maybe that's why they have had so many Regular Meeting City Commission November 13, 1995 95-96-03 Page 4 complaints. With further research, Mr. LeBlanc was told that they had a re-insurance carrier. Documents have been forwarded to Attorney Kruppenbacher. The Insurance Consumer Hotline told Mr. LeBlanc that the company was domiciled in England with a state side address of New York, and is not registered in the state of Florida. A letter was received Friday from the person insuring Mr. Bines on the maintenance bond for the city which Mr. LeBlanc sent to Attorney Kruppenbacher. Attorney Kruppenbacher said the commission could approve it subject to the city signing off on an appropriate bond. As long as the city has a bond from an insurer which does business in Florida, that can be sued in Florida, and is in good standing with the State Insurance Commission, then the city will be okay. The bonds should meet the city's standards. Commissioner Conniff asked if this was an off shore company. Attorney Kruppenbacher replied, from what we best could tell. Attorney Kruppenbacher stated that he was not signing off on it as an acceptable bond to the homeowners. There are red flags. The developers attorney was present. He said that they will work with Mr. LeBlanc and Attorney Kruppenbacher getting them comfortable with this or another company; but asked that the commission approve it subject to that. Attorney Kruppenbacher said nothing will be issued from the city until the matter is resolved and the commission has been notified in writing. Motion was made by Commissioner Ferring to approve the acceptance of the water and sewer system of Eagle's Watch Phase Two subject to the comments that have been given in the record, complete approval by the city attorney and the land management specialist, and advising the city commission that this has been done. The motion was seconded by Commissioner Langellotti. Vote: Commissioners Langellotti, aye; Commissioner Conniff, aye; Commissioner Ferring, aye. Motion passed. Mayor Bush stated that there were two second readings, and requested that a motion be made to read Ordinance 603 and 604 by title only. Attorney Kruppenbacher asked for the first reading of Ordinance 605 to be included in the motion. Motion was made by Commissioner Ferring to read Ordinances 603, 604, and 605 by title only. The motion was seconded by Commissioner Langellotti. Vote: Commissioner Conniff, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye. Motion passed. C. Second Reading and Public Hearing of Ordinance 603 - Changing the Future Land Use Map of the Comprehensive Plan from "Mixed Use" to "Commercial" Attorney Kruppenbacher read Ordinance 603 by title only. Mayor Bush opened the meeting to the public for the Public Hearing on Ordinance 603, and asked if there were any citizens who wished to speak concerning the ordinance. There were not any citizens who wished to speak, so Mayor Bush closed the public hearing. Regular Meeting City Commission November 13, 1995 95-96-03 Page 5 Motion was made by Commissioner Ferring to approve Ordinance 603. The motion was seconded by Commissioner ConnitT. Vote: Commissioner Langellotti, aye~ Commissioner Ferring, aye~ Commissioner Conniff, aye. Motion Passed. D. Second Reading and Public Hearing of Ordinance 604 - Changing the Future Land Use map of the Comprehensive Plan from "Recreation" to "Higher Density Residential" Attorney Kruppenbacher read Ordinance 604 by title only. Mayor Bush opened the meeting to the public for the Public Hearing on Ordina~ce 604, and asked if there were any members of the public who wished to speak concerning the ordinance. There were not any members of the public who wished to speak, so Mayor Bush closed the public hearing. Motion was made by Commissioner Conniff to adopt Ordinance 604. The motion was seconded by Commissioner Langellotti. Vote: Commissioner Ferring, aye~ Commissioner Conniff, aye~ Commissioner Langellotti, aye. Motion passed. E. First Reading of Ordinance 605 - Amending portions of Chapter 6 of the code of Ordinances relating to building. electrical. plumbing. mechanical and gas codes. Attorney Kruppenbacher read Ordinance 605 by title only. Mayor Bush announced that the second reading of Ordinance 605 will be on November 27, 1995. F. Resolution No. 771 - Approval/Disapproval to adopt a "Building Fee Schedule" Attorney Kruppenbacher read Resolution No. 771 by title only. Commissioner Ferring said he read the building director's review, and asked Attorney Kruppenbacher if everything was in order. Attorney Kruppenbacher said the ordinance is in legal form, but he can not give an opinion on whether or not the fees are appropriate~ just an opinion that the ordinance is in order. Motion was made by Commissioner Ferring to approve Resolution No. 771 "Building Fee Schedule". The motion was seconded by Commissioner Langellotti. Mayor Bush asked about a comparison to show if the fees increased, decreased, or stayed the same. Building Official, Don Houck, said that the fees are much the same, but some items have been added such as the ability to collect a fee for the refunding of permits and fees. Many times we go through the process of doing the plan review, processing the permit documents, then the builder comes back a week or so later and says that his customer decided not to build the house and that he'd like a refund. There is not a provision to hold anything to recoup some of the cost involved in the plan Regular Meeting City Commission November 13, 1995 95-96-03 Page 6 examination and paperwork process. Mayor Bush asked if that was the last item on the sheet--Refunds on permits of more $25.00 will be assessed a $25.00 processing fee. Mr. Houck said that was correct. Commissioner Conniff asked if this was establishing a minimum. Mr. Houck said yes, and stated that the minimum fee was $15.00, but this will increase the fee to $25.00 in order to take care of cost to send the inspector out and the paperwork involved. Mayor Bush mentioned that Winter Springs has some of the higher fees compared to the three cities presented, and asked if it just cost more to do business in Winter Springs then it does in these other cities. Mr. Houck said that the fee for the building permit itself is still $5.00 per thousand--the same as it has been for quite some time. The minimum fee of $25.00 will cover work up to $5,000.00 in valuation. The impact would come to someone doing maybe a $1,000.00 of work. Mayor Bush asked how much additional revenue will be brought into the city. A major increase in revenues is not anticipated. Commissioner Ferring said he had a discussion with the city manager, and believed a comparison of the increasing fees to the old fees was in the works. In the interim period, he said he thinks they are fair. Commissioner Conniff agreed. Vote: Commissioner Langellotti, aye; Commissioner Ferring, aye; Commissioner Conniff, aye. Motion passed. G. Request of1.&S Developments. Inc. - Approval/Disapproval to sell a part of property to the city for park use (undeveloped property-northwest corner of Edgemon Avenue and S.R. 419) Don LeBlanc explained that he and Mr. Lockcuff had a meeting with L & S Development. They purchased the property of the intersection of S.R. 419 and Edgemon Avenue. One of the conditions of that property is that Shepard Road is to be extended. It's in the comprehensive plan, and it's a developer financed road. (not a city financed road) Mr. LeBlanc said that Mr. DiMillo claimed that not many homes can be built. His letter stated that the road cost $100,000.00, and he would entertain the possibility of selling some of the property that he can not use to the city for the same amount. The park director did attempt to go on the property, but it was too wet. Mr. DiMillo was told that he had to bring this issue before the commission. Commissioner Ferring asked Mr. DiMillo if he wanted the city to give him $100,000.00 for property that he can't use. Mr. DiMillo said not exactly. Mr. DiMillo was told that he has to build Shepard Road through his land at his cost, but he can't use the road. Commissioner Ferring asked him ifhe was aware of that before he purchased the property. Mr. DiMillo said he was not. He said the road is being forced on him because he doesn't really need Shepard Road. Commissioner Ferring said that it is in the comprehensive plan, and he doesn't think Mr. DiMillo has a right to ask the city to pay him $100,000.00 because he bought a piece of property, and all of a sudden finding out that he has certain responsibilities to meet. Mr. DiMillo said not necessarily because if the project itselfis cost prohibitive then he can't develop it; and if he can't develop it--Shepard Road doesn't get built. His understanding is that the city wants Shepard Road to get built. Mr. DiMillo added that he understood Regular Meeting City Commission November 13, 1995 95-96-03 Page 7 that Commissioner Ferring was saying this is an agreement, but ifhe can't recoup some of the cost of that road, then he can't build a road. The city is saying that ifhe can't build a road, then he can't develop the land. This is a catch 22 situation. Mr. DiMillo said he offered a compromise: there are seven or eight acres adjacent to the park (at least halfis dry). If the city were interested in extending their park, they could buy that land to offset some of his costs for Shepard Road. Commissioner Ferring asked him what would stop every other developer who buys property from trying to make the same offer to us. We would be in the land buying business for property which has no use to us. Mr. DiMillo said he understood. Commissioner Ferring said he was sorry, but he didn't see it his way. Mayor Bush suggested donating the land to the city, and taking a tax write off Commissioner Langellotti asked Mr. DiMillo about not having an entrance on Shepard Road into this 20 home development. Mr. LeBlanc explained that there can not be any driveway cuts on Shepard Road. Mr. DiMillo said that he is not so much looking for the city to buy the land, but trying to offset the cost of the road because the road doesn't have any use to him. It is a 65 foot wide road versus a 26 foot wide road. He said he could take a tax write off, but the trouble is he hasn't made any money to pay tax. Attorney Kruppenbacher advised Mayor Bush not to make any comments tonight. A report will be given at the next meeting. Motion was made by Commissioner Ferring to defer this issue until a report is received by the city attorney. The motion was seconded by Commissioner Langellotti. Vote: Commissioner Conniff, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye. Motion passed. H. City Attorney - Frank Kruppenbacher S.R. 434 Visioning - Discussion of property owners concerns: Attorney Kruppenbacher stated that on October 26, 1995, Donald McIntosh of McIntosh and Associates (represents a number of the property owners that abut S.R. 434, and have participated in the Visioning Process) met with the city manager and himself to discuss a concern that his clients had regarding continued participation in the process. In essence, they wanted to be assured that as a result of participating in the Visioning Process that the city was not going to use that participation as a subsequent argument to assert that the property owners that Mr. McIntosh represents would be estopped (or to raise claims against the city regarding vested rights). In other words, the city would take the position that by participating in the Visioning Process and agreeing to a vision of what S.R. 434 through the city ought to be, that we would turn around and claim that the property owners had waived their rights to build or do anything contrary to what that ultimate vision was as approved by the commission. Attorney Kruppenbacher said that he and the city manager advised Mr. McIntosh that neither of them were aware of any thought process by anybody on the city side regarding this, and that he would speak to the commission. Based upon a discussion with the commission, Attorney Kruppenbacher said he would confirm to Mr. McIntosh in writing--ifthe commission was in agreement--that by virtue of the participation in the Visioning Process by Mr. McIntosh's clients, we do not intend to raise waiver or estoppel arguments based upon that participation. Attorney Kruppenbacher recommended that the Regular Meeting City Commission November 13, 1995 95-96-03 Page 8 city give them the comfort that we are not trying to sneak one in or get something by them, then turn around and say they've waived all their rights. Attorney Kruppenbacher asked if this could be confirmed. Commissioner Langellotti said that the commission should work with them. They have a big interest in the visioning ofS.R. 434. They have been very helpful so far. Commissioner Conniff stated that they had a constitutional right to be there. Their input is as valuable as anyone. Commissioner Ferrlng agreed with the Attorney Kruppenbacher. Attorney Kruppenbacher said he will confirm the issue in writing to Mr. McIntosh. Attorney Kruppenbacher said he has been attending to some personal matters the past six weeks or so. On behalf of his wife, he expressed her appreciation for everyone's kind thoughts and gestures. Attorney Kruppenbacher stated that during this period of time there was an article published in the Tuscawilla Homeowners Newsletter which appears to be a continuation of a series of attacks on different parties within the city, and this being another attack on him. It is titled "Facts about the City Attorney and the Conservation Easement". Most who have known Attorney Kruppenbacher know that he doesn't mind saying anything, at any time, in any place, but he is a stickler at saying what is accurate. First, the issue being that the mayor must make a decision in the near future to renew his contract with the city for 1996. That is not an accurate fact. He is not renewed annually by the city. Publicly speaking to the mayor and commission, Attorney Kruppenbacher said anytime they don't want him here, they can tell him. He's a big boy, and he can leave, thanking them for the years. Second, Attorney Kruppenbacher wanted to discuss the issue of the content of this article. He believed this was liabilous and contained false information. He believed it accused him of a crime. For example: He is accused of having either trespassed or engaged in the unauthorized negotiations towards a settlement agreement. He and Manager Govoruhk on virtually a weekly basis meet and go out and see parcels of property because Attorney Kruppenbacher said he likes to look at the property that he's been dealing with. He could not figure out what the easement was in terms of how it configured. He and Mr. LeBlanc kept bickering as to where it actually looked like. This was well in advance of this commission dealing with this issue because it was Mr. Hoffmann who contacted him long before it got in front of the commission about the city of Oviedo and the easement. Attorney Kruppenbacher stated that he did not commit a trespass. To the point, the commission is elected, the city attorney is not. He is preparing two things: He has contacted a law firm that he considers quite good to examine this article as to what rights regarding litigation, etc. are there for him. He is advising the commission that he wants to send a letter to the homeowners as the city attorney telling them the truth about what has gone on regarding this Oviedo Mall. Attorney Kruppenbacher is tired of all of these documents he has read that haven't told them what has really happened. He is prepared to stand up and say it. Tell him to get out of town if you don't like what he says. He created this easement with Mr. LeBlanc. He know exactly why it was created. He knows the intent of that easement. He knows what he would have had to testify to regarding that easement. He knows every nuance about it. He knows what it was intended to do. Neither Khemlani, O'Connell Regular Meeting City Commission November 13, 1995 95-96-03 Page 9 or anyone else can testify better about that, or know more than him. When people keep trying to make it something it was not intended to be and then use it against us, he is finding this false and misleading to the public. He will raise this at the next meeting before he does anything. He wants his outside council to advise and review the letter because he's close to this issue. He will advise the full commission in case any of them have a problem, and ifany of them have a problem with the letter then he won't send it. Kruppenbacher said that he is not going sit by and have the public told complete untruths about what has happened, and have him accused of things that are out right criminal. The community ought to stand up and start taking responsibility because he can't fathom living in a community where anybody is permitted to inflict the kind of harm and attacks on people that are permitted. He doesn't mind the truth, but when it is untrue he said he is not going to sit by and he thinks he has a responsibility to the citizens. His letter will deal with the nuances. Commissioner Ferring said that he knows his frustration because he has been the subject of a few of those articles. He also said he has no problem with him communicating with the residents of Tuscawilla and telling them what is really happening. Commissioner Langellotti said he supports Attorney Kruppenbacher whole-heartedly. He said he is tired of taking the rap from this particular person. Someone has to put a stop to it. The press doesn't do anything about it, so he thinks he should. Attorney Kruppenbacher added one more correction about this article. The attorney's office gives advice and council on a number offacts, but the city is the client who directs the attorney what to do. He doesn't direct the city, and he takes great offense to the implication that the commission are not capable enough of making their own decisions. Mayor Bush said that in the most recent issue they published his telephone number to call about a couple of things that Attorney Kruppenbacher has raised. Two people did call him, and after he explained to them the entire story, they had a completely different attitude about it. Getting the truth out at this point is really important. The citizens are intelligent enough to know all of the facts then they can make a decision based upon the truth of the matter. I. City Manager - John Govoruhk Manager Govoruhk asked to join in with the rest because he has sat on both sides: as a citizen, as chief of police, as the city manager, and then a citizen again. He said he's been looking for articles in the paper or magazine when he can say "we've gotten rid of another John from the city", but no, he didn't get rid of him; Govoruhk will soon be out on his turf One indifference to Jackie Koch, stated Attorney Kruppenbacher, Mr. Khemlani and the Tuscawilla Homeowners Association did not get rid of the former city planner. He took greater offense to that then anything. Regular Meeting City Commission November 13, 1995 95-96-03 Page 10 Rec;ycling & Education Grant Money: Manager Govoruhk said that recycling education grant money was requested. Tallahassee is going to be abolishing the so call education grant money, and the city is asking the commission to use the general fund reserve money to purchase it, when the grant money is received it will be paid back to the city. Mayor Bush said that this is an excellent use of these funds, and glad to see the city considering this. A motion was made by Commissioner Ferring to approve the monies to dedicate to the fiscal year 95/96 funds for the purchase of a chipper. The motion was made by Commissioner Conniff. Vote: Commissioner Langellotti, aye; Commissioner Conniff, aye; Commissioner Ferring, aye. Motion passed. Direction of course of action - City Manager's memo of November 2. 1995. and Utility Director's memo of October 26. 1995 on collector roads: Public Works/Utility Director, Kip Lockcuff, stated that we are recommending that we revisit the traffic circulation element of the comprehensive plan with specific attention paid to the collector roads in the Ranchlands, the Shore Road extension, the Panama Road extension to Tuscawilla. Re-evaluate the feasibility of doing these improvements. If the commission did feel that they have heard enough testimonials about the improvements that we have included in the current fiscal year, we are prepared to start with them rather than let the consultant do the formality of evaluating. Mayor Bush asked Mr. Lockcuffto summarize the five recommendations for the citizens present at the meeting waiting to speak. The first item is to retain the services of a transportation engineering consultant to re-evaluate the proposed collector road improvements and the traffic circulation element of the comprehensive plan. He would focus initially on those improvements that are budgeted currently in the fiscal year which are Hayes Road from the current pavement terminus, south of Sailfish to Bahama; Moss Road from the current pavement terminus, just north of Moss to Panama; and then Panama from Edgemon to Moss. Second item, a workshop, getting input from the residents to come up with what would be a typical collector road cross section for this area, discussing sidewalks, horse paths, bike paths, curbs anything can be discovered. The third item would be to basically do the other items discussed, modify the extension of Shore Road that is currently in the comprehensive plan as going through the Earley property. This is not being built due to the wetlands problems he had. This obviously has to be revisited, and it's beyond Mr. Lockcuffto understand how Fisher can not be identified as a collector road because it certainly functions as one. The next item is the Panama Road extension from Shore to Tuscawilla through Winding Hollow. There is a great deal of Wetlands there to determine whether or not that is even feasible. The next objective will be for the consultant to develop a traffic circulation plan based on their findings, summarizing all of the improvements. Mr. Lockcuff added that it is important that we have a collector road system that everyone can say what's going to happen and it's really going to be built, not just a drawing on paper. For example: the Winter Springs loop that the P & Z board and Mr. Grimms is working on dropping. It looked good on paper, but probably not feasible or realistic, same as the Tuscawilla bypass. The final item would be for the individual to visit the transportation impact fee portion of the ordinance to determine whether we have sufficient funds to build all of the improvements that are identified in Regular Meeting City Commission November 13, 1995 95-96-03 Page 11 the traffic circulation element. Commissioner Ferring asked Manager Govoruhk if he has received any response regarding the Tuscawilla bypass loop. Several letters have been sent to the county requesting the funds that we were appropriated. Manager Govoruhk said that as of today, he has not received any reply. Commissioner Ferring asked that the manager report back to the commission ifthe county has not responded in a specified time, and Manager Govoruhk said he would. Commissioner Ferring stated that he has heard the message of the people of the Ranchlands, Hayes, Bahama, and Panama Roads and all around. He said he is convinced that the survey that was sent out originally which he was sticking to was the sentiment, but was not really a sentiment when it was found out that we could(with the impact fees) upgrade and pave those roads. He is prepared to accept the recommendations of the Mr. Lockcuff, proceed with prompt response as far as upgrading those road as fast as possible. The traffic engineer that would be selected could be Conklin, Porter and Holmes. Mayor Bush asked why the city has to retain the services of a transportation engineer consultant. Mr. Lockcuff said he thinks it's important particularly something like the Panama Road extension through Tuscawilla. To take it out of the comprehensive plan, he would expect DCA to be looking at that in an analysis. Asking why the city is dropping it out. To all of the staff, it jumps out that we have no east/west circulation other than S.R. 434. The Winding Hollow and the Oak Forest problem was along these same lines. Maybe Mr. Grimms or Mr. Ketteringham can answer that better, but Mr. Lockcuff would expect that the state would be looking for some justification rather than just hearing what people don't want. Thomas Skelton, 325 Hayes Road, said he would like to know when he can take a look at the road section after the approval. Mr. Lockcuff said there should be a January workshop. Mr. Skelton added that there many children around Hayes Road, and he would like to look into speed control or additional stop signs. Mark Miller, 233E Panama Road, said he has been a resident in the Ranchland area of and on for thirty years. Growing up, it was a big experience to see a car go by, but nowadays it's a lot of traffic and speeders. Panama is used as a collector road dumping out of the back side of East Lake Drive up to S.R. 434. Teenagers use it for a race track. His fathers house was robbed today, and Mr. Miller felt if the roads were paved, the area might get more attention from patrolman. It would be a little more convenient for them. Rev. Rusty Riggs, 190 E. Bahama Road, said his sentiments applaud the idea of paving the roads in the Ranchlands. He is the assistant pastor of Starlight Baptist Church, and have stopped many time to help people stuck on the side of the road. Services have been washed out many times on Sunday mornings. He feels this is a plus for Winter Springs and the people of the Ranchlands. The beautification and the use. Regular Meeting City Commission November 13, 1995 95-96-03 Page 12 A motion was made by Commissioner Ferring that the funding that has been approved in the Fiscal year plan for the paving of the roads that was specified by the utility director be commenced as soon as possible, and that all other areas be looked at to be improved as soon as possible. Concurring with Mr. LockcufPs recommendations. The motion was seconded by Commissioner Langellotti. Commissioner Conniff said he lives at the comer of Alton and Hayes, and the project can't be started quick enough. Vote: Commissioner Langellotti, aye~ Commissioner Conniff, aye~ Commissioner Ferring, aye. Motion passed. Attorney Kruppenbacher stated that a motion can be made to have Conklin, Porter and Holmes subject to a determination being made that we can do that per the state. Commissioner Ferring said "so moved". Commissioner Langellotti seconded. Vote: Commissioner Ferring, aye~ Commissioner Conniff, aye~ Commissioner Langellotti, aye. Motion passed. K. Commission Seat I - Larry Conniff Commissioner Conniff said that he was unable to make it to the city manager's retirement party, but he wished Mr. Govoruhk best wishes and good luck, then presented him with a card and a (comical) gift. Manager Govoruhk said he didn't finish his seat. He said he received a memo from Coopers & Lybrand in regards to the audit for the TD. The cost rate is $6,000.00 to $8,000.00, but there may be a possibility to attach on to Seminole County or a bigger city to get the cost down. Mayor Bush asked how much the city would save. Manager Govoruhk said that it cost Maitland $2,000.00 and got back about $1,800.00. He will research further. He received a note from the State of Florida, Department of Revenue concerning the truth in millage trim certification. The department has reviewed the city's millage certification documents submitted by our taxing authority, and determined that the city meets the certification requirements of Florida Statues 200.065 and 200.068. The department has found no violations of the requirements of section 200.065, and accordingly accepts our certification for the City of Winter Springs. He also reminded everyone that there is only one commission meeting in December(11). Manager Govoruhk announced a training taking place at the police department on December 15. The subject being "Avoiding liable slander/negative communication". L. Commission Seat III - John Ferring Commissioner Ferring said about four meetings ago, he brought to the commission a request by Barnett Bank to hold a community workshop for all of the members and residents of the community. Teaching ways to build and improve homes, and all aspects of owning real estate. They would like to use the civic center for two evenings to conduct this workshop. Commissioner Ferring asked the commission if they would let Barnett Bank use the civic center and waive the rental fee. Regular Meeting City Commission November 13, 1995 95-96-03 Page 13 Commissioner Conniff said he doesn't have a problem with it. It's a public service to the citizens. Mayor Bush said there should be a motion to waive the fees. Commissioner Conniff said, "So moved". Commissioner Langellotti seconded. Vote: Commissioner Ferring, aye; Commissioner Conniff, aye; Commissioner Langellotti, aye. Motion passed. Commissioner Ferring said he would notifY Barnett Bank of the city's support, and then they will contact the mayor or the city manager about the schedule. Mayor Bush asked if this could be put in the Winter Springs Bulletin. Commissioner Ferring said he would try to get something in there. M. Commission Seat III - John Langellotti Commissioner Langellotti asked Attorney Kruppenbacher what has been done with the 69 acres that Jim Micas was going to give to the city. Attorney Kruppenbacher said Mr. Micas is getting an environmental study done because the city could only accept the property subject to completion of an environmental study. He has asked for a letter regarding the ability to use the property the initial way he wanted. We are working through what can be issued at this time, and should be wrapped up within the week. Commissioner Langellotti stated that he was a little disappointed that the ambulance issue was not on the agenda, and he wants to make sure it is on the next agenda whether or not there is a full commission. Manager Govoruhk said that it will be on the next agenda. O. Mayor's Office - John F. Bush Mayor Bush expressed his gratitude and appreciation for the cards and kind words from the commissioners and citizens of the city of the death of his father on October 31. He also mentioned the retirement party for Mr. Govoruhk included over 200 people. He said he was glad to be a part of the evening. He congratulated Mr. Govoruhk on his retirement. Manager Govoruhk had said that he didn't want a party, but he will never forget it. Mayor Bush said he wanted to write a thank you letter to Mr. Micas for his donation of the country club's facility as well as the banquet. Attorney Kruppenbacher updated the commission and mayor on the background checks on the current applicants for city manager. Releases will be expressed to them, authorizing the completion of criminal and credit background checks which will be back before the interviews. Additional community background checks will be done along with the actual documented ones. Then a thorough, in depth background check will be done on the leading candidate. Regular Meeting City Commission November 13, 1995 P. Adjournment Mayor Bush adjourned the meeting at 9:15 p.m. 95-96-03 Page 14 F.~U.Sh, ~~O~