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HomeMy WebLinkAbout1995 12 11 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION DECEMBER 11,1995 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 ofsitent prayer. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present (Attorney Kruppenbacher arrived at approx. 8:30 p.m.) COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of Minutes of Regular Meeting of November 27. 1995: Mayor Bush asked ifthere were any additions or corrections to the minutes of the Regular Meeting of November 27, 1995. There were no additions or corrections to the minutes of the Regular Meeting of November 27, 1995. Minutes stand approved as presented. Approval of Minutes of Special Meeting of November 28. 1995: Mayor Bush asked ifthere were any additions or corrections to the minutes of the Special Meeting of November 28, 1995. There were no additions or corrections to the minutes of the Special Meeting of November 28, 1995. Minutes stand approved as presented. PUBLIC INPUT Mayor Bush asked if there was any member of the public who wished to address the Commission. There was no member of the public who wished to speak. GENERAL AGENDA Wagner Station PUD - Approval/Disapproval of Request of Donald W. McIntosh Assoc., Inc. for a one year extension to the Wagner Station pUD Master Plan Approval (property located between S.R. 434 and Lake Jesup, east of Seminole County Public School Transportation Facility and west of Central Winds Park).(Tabled from Nov. 27. 1995): Donald LeBlanc, Land Management Specialist, gave his presentation. Motion was made by Commissioner Ferring to approve the request of Donald W. McIntosh Assoc., Inc. for a one year extension to the Wagner Station pUD Master Plan. Second by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Seville Chase (aka Earley Property) - Approval/Disapproval of Final Engineering for 110 lot subdivision (property located south of Panama Road, east of Fisher Road, west of Florida Power Corp. power lines and north ofDunmar Circle) (Tabled from Nov. 27. 1995): Regular Meeting City Commission December 11, 1995 95-96-06 Page 2 Mr. LeBlanc gave his presentation. Mr. LeBlanc stated that if it is the Commission's desire to approve this subdivision, I ask that you put the caveat listed on my memo. Mayor Bush said the caveat is if there are future drainage problems associated with the lot elevation that is shown on the approved engineering plans, the engineer of record shall be required to assist the builder/developer in correcting the problem which may include but not limited to the installation of underdrains along lot lines to connect to storm inlets. Discussion. Motion was made by Commissioner Langellotti to approve the final engineering for Seville Chase (Earley property) 110 lot subdivision with Mr. LeBlanc's caveat. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Ferring: nay~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye. Motion passes. Request ofL&S Developments, Inc. - Approval/Disapproval to sell part of property to City for Park use (undeveloped property northwest corner of Edgemon Ave. and S.R. 419). Tabled from Nov. 13 and 27. 1995 meetings: Mr. LeBlanc gave his presentation. Discussion. Motion was made by Commissioner Langellotti to disapprove the request ofL&S Developments, Inc. to sell property to City for park use. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye. Motion passes. Small Scale Comprehensive Plan Amendment - Lane use change on Future Land Use Map of that .244 acre parcel located east northeast of Club House at Winter Springs Golf Course from "Conservation" to "Commercial" (1) Consideration of Planning and Zoning Board recommendation of 11-9-95. (2) First Reading of Proposed Ordinance No. 607 if subsection (1) is approved: Tom Grimms, Community Development Coordinator, gave his presentation. Motion was made by Commissioner McLeod to approve the Small Scale Comprehensive Plan Amendment of the land use change on the Future Land Use map of that .244 acre parcel located east northeast of Club House at Winter Springs Golf Course from "Conservation" to "Commercial". Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye. Motion passes. Motion was made by Commissioner Conniff to read Ord. 607 by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye. Motion passes. Regular Meeting City Commission December 11, 1995 95-96-06 Page 3 Mayor Bush read Ord. 607 by title only. Mayor Bush mentioned that the second reading and public hearing on Ord. 607 will be on January 8, 1996. Resolution No. 774 - Establishing User fees and Charges for Reclaimed Water Service per Section 19-138 of the Code: Kip Lockcuff, Utility/Public Works Director, stated that the City Attorney agreed that this should be done by ordinance. Mayor Bush stated that the Commission will get back to this item when the Attorney arrives. Second Reading and Public Hearing of Ord. 595 - Amending Article III, Section 10-51 through Section 10-110, Adult Entertainment, of the Code of Ordinances of the City of Winter Springs, Florida. in its entirety. providing for conflict. severability. and effective date: Commissioner McLeod moved to table this item until the Attorney arrives. Seconded by Commissioner GenneU. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Second Reading and Public Hearing Ord. 606 - Amending the 1994-1995 Fiscal Year Budget, providing for severability. conflicts and effective date: Mayor Bush read Ord. 606 by title only. Mayor Bush closed the regular meeting and opened the public hearing. Mayor Bush asked ifthere was any member of the public who wished to speak regarding this ordinance. There was no member of the public who wished to speak regarding Ord. 606. Mayor Bush closed the public hearing and reconvened the regular meeting. Commissioner Gennell asked if this was the second revision or first revision to last year's budget. Manager Govoruhk stated that it is the second, there was a mid year and this is the end of the year. Harry Martin, Finance Director, stated that this revision takes the year end and adjusts the revenues where we exceeded the previous budget and adjusted the revenues and realigned any departments that had exceeded their budget; the Recreation Dept. was the one we had, as a result of the Fair Labor Standard problem. Discussion. Motion was made by Commissioner Ferring to approve Ord. 606 amending the 1994-1995 Fiscal year Budget. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Second Reading and Public Hearing Ord. 608 - Transportation of Emergency Medical Service Patients providing for severability. conflicts and effective date: Mayor Bush read Ord. 608 by title only. Regular Meeting City Commission December 11, 1995 95-96-06 Page 4 Mayor Bush closed the regular meeting and opened the public hearing on Ord. 608. Harold Scott, 1208 Swan Street, spoke in favor of the Transportation of Emergency Medical Service Patients. Art Hoffinann, 11436 Mt. Laurel Dr., spoke in favor of the Transportation of Emergency Medical Service Patients. Fred Leonhardt, Government Relations Council for Atlantic Ambulance Services, strongly encouraged the Commission to consider waiting to see what Seminole County does in this situation and said it is possibly that Seminole County will go out for bid for the service. Bob Eberhart, Director of Government Relations for Atlantic Ambulance Services, addressed concerns that the previous speakers had. Mr. Eberhart stated his company is confident that a financial analysis needs to be done on this that we have requested the City to hire an independent auditor, of it's choice, and we would reimburse the City to have the numbers evaluated. Discussion. Moti Khemlani, 605 Morgan St., President of the Tuscawilla Homeowners Assoc., told the Commission the tally of the referendum vote from the 1994 elections by precinct. Mr. Khemlani said he feels that this is the wrong way to go about an issue that the citizens feel very strongly about and have let you know by their overwhelming vote of rejection. Mr. Khemlani said that the Commission should insist on voting to do the same and put this on a referendum basis at the next election. Discussion. Mayor Bush closed the public hearing and reconvened the regular meeting. Mayor Bush mentioned the letter that was sent by the Chair of the County Commission and said the Commission is aware of what the County is asking the City to do. Commissioner McLeod said he would like the Commission to take into consideration what the County is asking. Commissioner McLeod said he would like to see the City take the offer of Life Fleet to have an individual consultant study at Life Fleet's expense. Discussion. Commissioner Ferring stated that the County is going to take one year to decide as to what they are going to do and that year will be a good test period for the City to find out whether or not our City can come through with what they are saying. Discussion. Commissioner Gennell said she contacted other Cities that have gone into this and found two things that they all had in common. One being everyone was different concerning manpower and ability; the other thing in common was they all went out for RFP's. Commissioner Gennell suggested that the City go out for RFP's and see how they come in. Discussion. Commissioner McLeod suggested that the Ord. should state that any time the City has to use tax money to subsidize it that it must go out to public bid. Regular Meeting City Commission December 11, 1995 95-96-06 Page 5 Attorney Kruppenbacher stated if the Commission wants to make that change then he asks that this Ord. goes to a third reading. Attorney Kruppenbacher said it is very technical language as to when you trigger taxes and to when you don't and said he would like to get with the Manager and Fire Chief if the Commission wants that to make sure it reads right. Discussion. Motion was made by Commissioner Ferring to approve Ord. 608. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: nay. Motion passes. Resolution No. 774 - Establishing User Fees and Charges for Reclaimed Water Service per Section 19-138 of the Code: Attorney Kruppenbacher said he believes to avoid any challenge, this Resolution is best read as an ordinance. Motion was made by Commissioner Ferring to read Ord. 609 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Ord. 609 by title only. Second Reading and Public Hearing of Ord. 595 - Amending Article III, Section 10-51 through Section 10-110, Adult Entertainment, of the Code of Ordinances of the City of Winter Springs, Florida. in its entirety. providing for conflict. severability. and effective date: Attorney Kruppenbacher read Ord. 595 by title only. Attorney Kruppenbacher said he recommends approval with two changes, which he believes are substant enough to require additional advertising. Those changes are: page 6 - Section 6 - add to the end of the paragraph "... to the extent the State permits an age greater than 17 years of age, then this section 6 shall be read to adopt that greater age. II The next change is: page 21 - add a paragraph 5 that would read ".. To the extent permitted by law, the City reserves the right to reject an applicant if the applicant is a convicted felon". Mayor Bush closed the regular meeting and opened the public hearing on Ord. 595. Mayor Bush asked if there was any member of the public who wished to speak on this ordinance. There was no member of the public who wished to speak. Mayor Bush said the Commission has a letter from Rev. Backus. Mayor Bush closed the public hearing and reconvened the regular meeting. Discussion. Motion was made by Commissioner Conniff to approve Ord. 595 with the corrections stated by the City Attorney. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Regular Meeting City Commission December 11, 1995 95-96-06 Page 6 Proposed Public Safety Complex (Moss Road between S.R. 419 and Fire Station) - Presentation by Architects Design Group prior to going out for Bids: Kevin Radigan and Ian Reeves gave a presentation to the Commission. Mr. Radigan said that after his company is given the authorization to issue the project for bids, they should be able to receive bids in about four weeks. Discussion. Approval/Disapproval of Resolution No. 772 - Establishing the official Holiday Schedule for calendar year 1996: Mayor Bush read Res. 772 by title only. Motion was made by Commissioner Langellotti to approve Res. 772. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner GenneU: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Recommendations of the Sub-Committee to select Property Casualty Insurance for the City: John Ketteringham, General Services Director, introduced Mr. Ashley Bacot, Risk Management Officer for the City of Altamonte Springs. Mr. Bacot reviewed with the Commission how the committee reached their decision. Mr. Bacot stated that Florida League of Cities has the best quotes for all coverages except for the Boiler and Machinery quote, and that (Boiler & Machinery) being with 1. Ralph Davis. Mr. Bacot said the committee turned their focus exclusively to the League of Cities and after reviewing the options offered by the League, we recommend option "C" which varies from the City of Winter Springs' current program. General Liability - no payment coverage; currently the City has $1,000 medical payment coverage per incident. Recommend continue of coverage for Boiler & Machinery. The City currently carries a $250 property deductible - recommend a $1,000 deductible for the property insurance. The City currently carries a $2,500 workers' compo deductible - the most favorable option offered by the proposers is a "0" deductible. The City currently does not carry monies and securities coverage - the option we recommend has a $5,000 limit. The City currently carries a liability limit of $300,000 per occurrence - recommended plan has a limit of $500,000 per occurrence. The City has a "0" deductible for all of it's liability coverages - recommend a $25,000 deductible per occurrence; there is a stop loss mechanism which limits the City's deductible exposure to a maximum of $120,538.00. The projected total cost of the recommended program will be $233,000, if your losses exceed what they have been in the past the cost could reach a maximum of $323,000 - this is still less than what the City is paying now which is $338,000. We urge the City to implement a managed care program and a drug free workplace program that will further reduce the cost of this program to $206,000 with a maximum $297,000; this loss successive plan should save the City $131,000 as compared to the City's current insurance expenditure. Discussion. Mr. Bacot said in summary, the committee's recommendation is for the City to adopt the circled option on exhibit "C" which is the $25,000 loss sensitive option and to pursue the implementation of managed care and a drug free workplace, if this recommendation is adopted by the City it should save the City in excess of$131,000 or 40% less than your current program, while at the same time providing more coverage for the City. Discussion. Regular Meeting City Commission December 11, 1995 95-96-06 Page 7 Motion was made by Commissioner Conniff to approve exhibit "C"and the "circled program" from the League of Cities as recommended by the Insurance Committee and to have the Boiler & Machinery coverage through 1. Ralph Davis and upping the two million dollars on the liability and to continue the underground storage tank coverage and to implement the managed care program and drug free workplace program. Seconded by Commissioner Ferring. Discussion. Kurt Hayman, Director of Marketing for the League of Cities, commented on the program. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring; aye; Commissioner Conniff: aye. Motion passes. Approval of Life Insurance Company for City Employees: Mr. Ketteringham said the major decision the Commission needs to make is whether the Commission wants to cover retirees in the life insurance. Mr. Ketteringham went over the options with the Commission. Discussion. Joel Berk, representative of Security Mutual Life Insurance, said his company will pick up retirees at .28 cents per thousand. Linda Thompson, Prudential Insurance Company, said the RFP did not state for retirees and they revised their proposal to include the retiree the City has now and future retirees at a cost of .26 per thousand for life insurance and .6 cents per thousand for accidental death and dismemberment. Discussion. Motion was made by Commissioner Ferring that the City use the services of Security Mutual Life for the life insurance for the employees at .28 cents per thousand. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. City Attorney Frank Kruppenbacher - Reports: Attorney Kruppenbacher said since the last meeting the City went to court on "The Pleasure Dome" and at the hearing they stipulated to a permanent injunction and per the Commission's approval he met with the homeowners. The homeowners were very appreciative to the City and City Manager's efforts and what we had done by understanding is the problem still may be there but it is not there at the level it was at. Weare monitoring to see if anything is necessary at this time. Attorney Kruppenbacher said that the lawsuit of Sullivan vs. The City of Winter Springs (over the borrow pit), the League of Cities is defending that case and that case is asking for significant amount of dollars and at your first meeting of January I'll ask you to schedule a closed meeting for the Commission so the lawyers from the League will come talk with you. Attorney Kruppenbacher brought up an issue to the Commission that there was an engineer the City employed to study the issue (Sullivan issue) named McIntyre. The understanding was that Mr. McIntyre's fees would be paid by the applicant; the applicant (who is suing the City) never paid his fees. Mr. McIntyre has refused to discuss the issue with the League of Cities lawyers unless his fees Regular Meeting City Commission December 11, 1995 95-96-06 Page 8 are paid. The League would like for me to get authorization from the City that the City would pay the fees that were not originally paid and then authorize them to file a counter claim in the lawsuit to get reimbursed from the developer the cost of those fees. The Leagues lawyers have to have McIntyre to deal with case. Discussion. Attorney Kruppenbacher said the fees are approximately $18,000 as he understands at this time. Discussion. Attorney Kruppenbacher said if the Commission would like to hold off making the decision~ then have the closed meeting and have the lawyers here and he will tell the lawyers the Commission want to wait to talk to them. Discussion. Attorney Kruppenbacher asked the Mayor if this could be an agenda item under his (Attorney) seat for the first meeting in January. This will be on the agenda under the Attorney's seat for the January 8, 1996 meeting. City Manager - John Govoruhk - Reports: Manager Govoruhk said the Commission has a copy of his memo dated on this date regarding the employee health care. Manager Govoruhk said he needed clarification, from what we understand this is what the Commission authorized~ ifthere is no objection we will go by this memo. Discussion. Commissioner McLeod said he thought the one the Commission approved was the "point of service" plan and we asked to also see the HMO~ according to this memo you are saying you are approving the HMO and not the "point of service". Manager Govoruhk said that is correct, the HMO is lower in price. Discussion. It was determine that the Commission approved the "point of service" plan for all employees. Manager Govoruhk said the personnel policy was given out in a "rough/smooth", and asked if the Commission wanted to wait until the new City Manager comes on board or does the Commission want to schedule a workshop to go over it. Manager Govoruhk mentioned that the employees would like to move along on it. Discussion. It was determined that the Commission will wait to have a workshop with the new City Manager. Commission Seat II - John Ferring: Commissioner Ferring thanked Chief Sexton for coming through on his word that he would bring through the ranks and bring up the Police Dept. roster to full quota. Commission Seat III - John Langellotti: 1) Appointment to B.O.W.S. Board: Commissioner Langellotti asked the City Attorney about the letter he was going to get out regarding the Tuscawilla Homeowner's Assoc. Attorney Kruppenbacher said what he advised the Commission that he had retained lawyers who have been analyzing the case~ that he (Kruppenbacher) wanted to write a letter that explained everything, I will be writing that letter subsequent to their (Kruppenbacher's lawyers) analyzing the case and advising me whether they thought that was prudent or not giving whether or not they thought there was a liable. I am intending to meet with my lawyers next week and after that he will be acting accordingly and stated that he does believe that he (Kruppenbacher) was liabled in that article. Commissioner Langellotti stated that he would like to appoint Sara Watson, 704 Galloway Court, 695-3461, to the B.O.W.S. Board. Regular Meeting City Commission December 11, 1995 95-96-06 Page 9 Motion was made by Commissioner Ferring to appoint Sara Watson to the B.O.W.S. Board. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked if the City has a signed contract with the new City Manager. Manager Govoruhk said no, he talked to Mr. McLemore and he was out of town and he will go over it as soon as he gets back and will get back with either the City Attorney or Manager Govoruhk. Commissioner Gennell asked the Manager if he has the inventory and reconciliation. Manager Govoruhk said he was guaranteed by Finance and Purchasing Departments that it was all completed. Commissioner Gennell said she would like to see it. Manager Govoruh~ said Mr. Martin would have it in the Finance Dept. Commissioner Gennell said the list of Social Services and programs and Non-Profit Service Agencies that she asked for for CALNO last month, and said she needs to know if that has been done because CALNO has said they have never received it. Commissioner Gennell gave the Manager a sample of Longwood's. Commission Seat V - David McLeod: Commissioner McLeod asked what the procedure was to change an Ordinance. Discussion. Commissioner McLeod suggested to the Commission that the Commission propose another Ordinance to Ordinance 608 and that being that whenever the first tax dollar subsidies are spent that the service will go out within 90 days from the City for public bid. Discussion. Attorney Kruppenbacher said he thinks he knows what the Commission wants and he will get with the Fire Chief and City Manager and at the next meeting they will bring back to the Commission what they think will work as a resolution to an amended ordinance and if they can't achieve the Commission's objective they will tell them at the next meeting if they can they will have it written out the best they can. Commission Seat I - Larry Conniff: No Report. Mayor's Office - John F. Bush: No report. The meeting adjourned at 10:10 P.M. ~espectfull~~bmitted: ~ ~HOP~ City Clerk APPROVED: