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HomeMy WebLinkAbout1995 11 27 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION NOVEMBER 27, 1995 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30 p.m. For the invocation, Mayor Bush asked for a moment of silent prayer. 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 Approval of Minutes of Regular Meeting of November 13. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of November 13, 1995. There were no additions or corrections to the minutes of November 13, 1995. Minutes stand approved as presented. PUBLIC INPUT: Seminole County Sheriff Don Eslinger spoke regarding the Sheriffs Office involvement in the investigation at 990 Shetland Ave. in Tuscawilla. Discussion on this subject. Attorney Kruppenbacher mentioned that the Sheriffs Office has been very helpful in this matter. George Seely, 211 Birch Terrace, spoke regarding the involvement of the Sheriffs Office with regard to the investigation at 990 Shetland Ave. Mayor Bush commended the City Manager and City Attorney for handling the situation at 990 Shetland Ave. as soon as the City became aware of the situation. Mayor Bush said he feels that the City has handled this situation properly and doesn't see where the City has incurred any liability and the City has acted strictly within the City's jurisdictions. Attorney Kruppenbacher gave a synopsis of the events from the first day the City was notified about the situation at 990 Shetland Ave. up until the present date. Paul P. Partyka, 684 Oswego Court, mentioned that the Winter Springs Art Festival is being held on December 2nd & 3rd and mentioned the Jazz Artists who will be preforming on the two days. Mr. Partyka gave the Mayor and Commission posters for this year's Festival. Mr. Partyka also asked the Mayor and Commission if they would make a personal donation to the Art Festival. Mayor Bush mentioned that he is a member of the Winter Springs Rotary Club and wanted to mention that the person in charge made it a point to indicate how much the City of Winter Springs Regular Meeting City Commission November 27, 1995 95-96-04 Page 2 has cooperated this year and said it is the best cooperation that they have had. GENERAL AGENDA Transportation of Emergency Medical Service Patients - 1) Discussion, 2) Approval/Disapproval of Resolution No. 772 if Subsection (1) is favorable: Fire Chief Tim Lallathin asked for the Commission's support in the Fire Department's efforts to provide a quality and cost effective EMS transport service to the City's residents. Robert Beck, Training Chief, W.S. Fire Dept. gave the Commission a presentation on transporting patients. Mr. Beck said the Fire Depts. proposal is a user fee system, if someone requires transport, then they will pay for that additional service. The fee that would be charged is based on the total estimated transports, personnel and salary benefits, the average hourly wage of 51 % of two personnel for one hour (increasing at 3% per year), operating costs (increasing at 3% per year), vehicle depreciation for two transport units at over a seven year life span, a 40% uncollectible rate (which is the average uncollectibles in Seminole County) and a 10% administrative fee for the processing and billing charges; this adds up to a total customer transport charge. ChiefLallathin stated that in the packet of information he gave to the Commission a Resolution was included to authorize the Fire Dept. to provide the routine medical transport with a fee of$184.63 for the first year. Discussion. Chief Lallathin stated that every year the rate will be held by Resolution, the Commission will have to vote whether or not to decrease or increase the fee. Carl Pilcher, EMS Division Chief, W.S. Fire Dept., spoke about the cost of drugs. Commissioner Gennell stated that the Fire Dept. doesn't lack her support in this issue but her concerns go to the accountability of it, because we had a referendum that said the people did not want to support it through ad-valorem taxes. Commissioner Gennell said she is looking for any possible thing that could go wrong ahead of time so we can address it. Commissioner Gennell asked Chief Lallathin if he could carry out the five year projection to ten years so the Commission can see what it looks like. Discussion. Commissioner Gennell asked if an enterprise fund would be set up. Chief Lallathin said that is something the City Manager and Finance Director and Commission has to determine. Commissioner McLeod had many questions regarding this item. Commissioner McLeod said how can our dollar figure be less to go into an enterprising business then the surrounding Cities being into it but yet our rates are going to go down in the beginning. Fred Linhart, of Gray, Harris & Robinson, government relations council to Atlantic Ambulance Service, spoke on behalf of Atlantic Ambulance Service. Bob Eberhard, of Atlantic Life Fleet Ambulance Service, gave a presentation to the Mayor and Commission. Regular Meeting City Commission November 27, 1995 95-96-04 Page 3 Mr. Eberhard stated his company would encourage the Commission to look forward and direct Staff to talk to them about a deal that is: between $1.00 and $6.00 annually we will transport any resident in Winter Springs regardless of how many people in their house, we will transport those residents as many times as necessary for emergency calls and the patient will never receive a bill. Discussion. We suggest that if you believe that a change is imminent and you must go forward with a change, the citizens of Winter Springs as a minimum should be allowed to have their Fire Dept. compete with the private sector, invite any of the other competitors and an RFP process would allow the citizens and the Commission to get all the facts and all the information and find out what the true cost of providing the service is. Marc Baumgart, W.S. Paramedic, spoke in favor of the transportation of patients. Mayor Bush asked for the Commission's consent to adjourn the meeting tonight at 10:30 p.m. as tomorrow is the interviewing of candidates for the City Manager. Mayor Bush stated that he has asked the City Manager and Attorney to look over the agenda and see what items that need to be taken care of tonight. The City Manager and City Attorney reviewed the agenda. There was more discussion on the transportation of emergency medical service patients. Mayor Bush announced that before we continue this discussion, the City Attorney has talked with a few people that have items on the agenda for this evening and they have agreed to move their item to a future meeting. Mayor Bush stated that items B, C, D, E, G, H, will be tabled until the December 11, 1995 meeting. Mayor Bush thanked the people for their cooperation in tabling their agenda items. Motion was made by Commissioner Ferring to have the City Attorney take all the legal procedures by Ordinance to allow our City Fire Department to take over the advanced life support and transport in this City. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: nay. Motion carries. Exception to Section 4-2 of the Code - Request of Ms. Kathy Pearson to allow three (3) dogs in a household at 213 Springview Court (Winding Hollow subdivision): Commissioner McLeod asked if the third dog will always be a dog in training. Ms. Pearson stated that the third dog will be a dog in training for the physically handicapped and it will vary; when the first dog has completed it's training and gone on, then I may get another one at that time and I understand that I would have to come back again to ask for an exception or will this exception continue for all dogs that she trains. Manager Govoruhk said with a different dog, Ms. Pearson would have to come back before the Commission. Discussion. Motion was made by Commissioner Conniff to approve the exception to allow three dogs in a household at 213 Springview Court. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: nay; Commissioner Gennell: aye; Regular Meeting City Commission November 27, 1995 95-96-04 Page 4 Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Second Reading and Public Hearing Ordinance 605 - Amending portions of Chapter 6 of the Code of Ordinances relating to building, electrical, plumbing, mechanical and gas for severability, conflict and effective date: Attorney Kruppenbacher read Ord. 605 by title only. Mayor Bush opened the public hearing and asked if there was anyone present to speak on this item. There was no one present to speak on this item. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to adopt Ordinance 605. Seconded by commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. First Reading Ordinance 606 - Amending the 1994-1995 Fiscal Year Budget, providing for severability. conflict and effective date: Motion was made by Commissioner Ferring to read Ord. 606 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring; aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 606 by title only. City Attorney - Frank Kruppenbacher - (1) Reports, (2) Determination on Conklin Porter Holmes becoming Traffic Engineer for the City as per existing contract: Motion was made by Commissioner Ferring to read Ord. 608 by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 608 - "Transportation of Emergency ;Medical Service Patients" by title only. Commissioner Gennell asked if the City could provide for a separate enterprise fund so that the funds involved with the ambulance transport can easily be identified year to year. Mayor Bush and Attorney Kruppenbacher said that is something that the Commission would direct the City Manager to do. Mayor Bush announced that the second reading of Ord. 608 will be at the next meeting. Attorney Kruppenbacher stated that earlier he briefed the Commission on the "Pleasure Dome" and said he had discussions today with their Attorney and we are trying to negotiate a resolution to avoid the expenditure of the dollars necessary to the hearing on Wednesday. That resolution could include either a stipulated or injunction or based upon discussions we have, might include representations or conclusions by the City Manager and myself that we don't need the injunction. At this point we've have evaluated and we are going forward with the injunction but if we can stipulate out and feel Regular Meeting City Commission November 27, 1995 95-96-04 Page 5 comfortable and feel that we have a handle on the situation and don't need to continue in litigation, if we get the assurances we want. The assurances are as follows: there will be no commercial or any other activity in violation of the City Codes and there will be no violation of any State Laws. Discussion. Attorney Kruppenbacher mentioned that on the City Manager background checks, we are down to three, we now have signed authorizations from the three applicants. From the two that I have read, there are no criminal background negative reports that have come up. In the process of doing the credit check, which we should have at the end of the week or beginning of next week. The preliminary inquiries in the three areas that they come from are coming back without negatives; my recommendation to you is once you have interviewed them, I would like you to ask them during their interviews what negatives should we expect when we go and do an on site inspection. Discussion. Attorney Kruppenbacher stated that he has review the material regarding Conklin Porter & Holmes and we are going to move forward and use them as the traffic engineer for the project we have been looking at. Attorney Kruppenbacher also mentioned that he will set up a closed meeting for the Mayor and Commission in the weeks to come for you to review and discuss with our outside lawyers on the Sullivan vs. the City of Winter Springs lawsuit. City Manager - John Govoruhk (1) Reports (2) Proposed Health/Life Ins. Committee Selection of Final Three (3) East Central Florida Regional Planning Council FY 96 Assessment (4) Discussion on Code of Ordinances on the Internet: Manager Govoruhk stated that the Commission has a package on the proposed Health/Life Insurance and asked the Commission if they would like to have the three companies to give a presentation at the next meeting or set up a special meeting. Discussion. It was determined that there will be a special meeting on December 4, 1995 at 7:00 p.m. to hear the presentations of the three final comparnes. Manager Govoruhk said that the East Central Florida Regional Planning Council's sent us a bill and does the Commission want to pay it or not. Discussion. Motion was made by Commissioner Langellotti to pay the fee of $6,193.00 to the E.C.F.R.P.C. yearly fees to stay in the council. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner F erring: aye; Commissioner Conniff: aye. Motion passes. Manager Govoruhk said the City has received a letter from the Florida League of Cities requesting to put our ordinances on the internet at no cost to the City. It was unanimous consensus of the Commission to go ahead with that. Manager Govoruhk mentioned that the City finally has the inter-agency agreement with the court Regular Meeting City Commission November 27, 1995 95-96-04 Page 6 system for the juvenile division of the circuit court. Manager Govoruhk said the gave the Commission a memo for the audit FY 94-95, the letter is dated Sept. 5, 1995 and the City received it on Nov. 22, 1995, they wanted the contract signed last week and I informed them that I would bring it to the Commission to see if the Commission wants to approve it or not. Manager Govoruhk said that this is the last year for Coopers and Lybrand contract, then the Commission can go out for bid or do whatever they want. Discussion. Manager Govoruhk stated that for the interviewing tomorrow, there is only three candidates and we will break down the interviews into two groups, the first group starting at 9:00 a.m. and the second starting at 10:30 a.m. The first group is Commissioners Conniff, Gennell and McLeod; and the second group will consist of Mayor Bush, Commissioners Ferring and Langellotti. Then we will break for lunch at 12:00 p.m. and reconvene approx. 1 :00 p.m. for the group interview. Commission Seat I - Larry Conniff: Commissioner Conniff asked about the four vacancies at the Police Dept. Capt. Pieper stated that from his understanding the Dept. should be full. Commission Seat II - John Ferring: Commissioner Ferring presented the City Manager with a new U.S. Flag and a new P.O.W. Flag from the Civic Association to replace the worn flags. Also, the Civic Assoc. has for the last two years has contributed to the City almost $3,000 for illuminations on the boulevards for the Xmas Holidays. Commissioner Ferring commended Kip Lockcuff and his Dept. for the good job with the decorations. Commission Seat III - John Langellotti: No Report. Commission Seat IV - Cindy Gennell: No Report. Commission Seat V - David McLeod: Commissioner McLeod asked the Commission if there was anything that they would have to watch from asking the candidates. Attorney Kruppenbacher said ask anything pertinent to the job; do not ask about their married life, age, issues such as that. Manager Govoruhk told the Commission that one of the City's Building Inspectors had a heart attack and passed away the day after Thanksgiving. Mayor's Office - John F. Bush: Mayor Bush asked if a user fee could be set by Resolution or does it have to be an ordinance. Attorney Kruppenbacher said he and Mr. Lockcuffwill be looking into that. Regular Meeting City Commission The meeting adjourned at 10:45 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk APPROVED: J~ ~,.~,._~_.~---- November 27, 1995 95-96-04 Page 7