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HomeMy WebLinkAbout_1996 08 12 City Commission Regular Minutes - ----,- -- -- - REGULAR MEETING CITY COMMISSION AUGUST 12, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30p.m. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, absent John Langellotti, present Cindy Gennell, present David McLeod, present For the invocation Mayor Bush asked for a moment of silent prayer. Mayor Bush stated that Item G from the Regular Agenda will be removed and will be on the September 9, 1996 agenda. Approval of Minutes of July 22. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of July 22, 1996. There were no additions or corrections to the minutes of July 22, 1996. Minutes stand approved as presented. Paul Partyka, Judy Stewart and Gary Dickins, with the 17/92 task force gave a presentation to get the City's endorsement for the next steps in what the 17/92 committee has planned. It was the consensus of the Commission to endorse the recommendations of the 17/92 Task Force Committee. Mayor Bush presented James Greene Resolution No. 784 expressing the City's appreciation for his serving on the Board of Adjustment for ten years. PUBLIC INPUT William Fernandez, 250 E. Panama Rd., stated that he is glad to see that the Trails and Bikeways master plan has included equestrian along with the rest of the trials and bikeways. Mr. Fernandez stated that as the President of the Ranchlands Homeowners Assoc., the association is aware of the status of the settlement of the Seville Chase development, and mentioned cut-throughs in the natural landscape buffering (which the settlement agreement states is not to be breeched). Mr. Fernandez said he would hope that the City Manager would see that City Staff would inspect the property before there is a problem. Mr. Fernandez also mentioned the Oak Forest wall controversy and said he wants to put in a "bid" on behalf of the Ranchlands for a wall along Fisher Road so that those people know that if they are given City funds, he will come to the City for a wall on behalf of the Ranchlands. Mr. Fernandez stated that the residents in the Ranchlands had asked for a wall which they didn't get, but instead they got a 50' buffer. Ree:ular Meetine: City Commission Aue:ust 12. 1996 95-96-23 Pae:e 2 Commissioner McLeod stated that when he noticed the openings he called the City Manager and the City Manager had Mr. LeBlanc look into the situation. Mr. LeBlanc contacted the developer and as of now the openings are blocked off and informed them to cease immediately the cut-throughs. Commissioner McLeod also mentioned that the residents in the Ranchlands did indeed request not to have a wall on Fisher Road in lieu of having a 50' buffer; they preferred to have a natural buffer and no wall. Ken Haines, 1115 Aloha Ct., Editor of the Winter Springs Bulletin, announced that the summer issue of the Bulletin will be the last issue. Commissioner Ferring asked Mr. Haines to reconsider, and said he thinks the Bulletin has been a main stay in this City since 1991 and said he would hate to see it end. Mr. Haines stated that this decision has been discussed with the Civic Association and a decision has been made. Commissioner Ferring thanked Mr. Haines for all he has done for the City. Commissioner LangeUotti said at a budget meeting, the Commission agreed to have the City look into helping the Civic Association in support of this. Mr. Haines said the City basically pays the postage, which is 1/3 of the cost for postage, and the Civic Assoc. collects for the rest of the postage and on numerous occasions the Civic Assoc. has had to payout of their own monies. Mr. Haines said what had come out of the meeting is that the City wanted to have more control of the Bulletin. Commissioner Langellotti said he wished that the City Manager could get with Mr. Haines to reconsider this because the Civic Assoc. does good and said he would hate to see this end. Manager McLemore stated that he will have a report for the Commission for the first meeting in September on this issue. Manager McLemore stated that he is doing work on that now, he is surveying other communities to see how they handle a news bulletin. Manager McLemore said his intent was to get this report to the Commission for the first meeting in September and to try to work with Mr. Haines as much as possible this next week to get that done. Manager McLemore said he is sorry to hear what we are hearing about the end of the Bulletin but stated he is still obligated to do what the Commission has asked him to do regarding the news bulletin. Mr. Haines stated that if the City would like to see the Civic Assoc. continue this, then someone from the City needs to contact the Civic Assoc., but at this point said he is finished with it personally and to his knowledge the Civic Assoc. does not want any part of it but someone from the City can contact the Civic Assoc. Mel Glickman, 703 Aberdeen Ct., said that the President of the Highlands Homeowners Assoc., asked that he speak for him this evening and thanked the Commission and City Manager for the work they have done in regard to the Duke Property issue. Mr. Glickman reminded the Commission that the Duke Property issue will be before the County Commission on August 13, 1996. Mayor Bush asked if the City Manager will attend the County meeting. Manager McLemore stated that he will be there. Mayor Bush asked that the Manager express the Commission's thoughts on this. Re2ular Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 3 CONSENT AGENDA Land Management Division A. Requesting commission approval which will grant the City Manager authority to execute a blanket distribution easement agreement in favor of Florida Power Corporation for that entire property where the new Police Station will be located in order to provide power to the building. PURPOSE: to grant the City Manager authority to execute a blanket distribution easement agreement in favor of Florida Power Company for that entire property where the new Police Station will be located. Public Works Department B. Requesting authorization to execute Supplement #2 to Amendment 45 for Consulting Engineering Services - Traffic Engineering and Planing Services. PURPOSE: to request authorization to execute Supplement #2 to Amendment 45 Consulting Engineering Services for Traffic Engineering Services to update the Traffic Circulation Element of the Comprehensive Plan with Conklin, Porter & Holmes Engineers, Inc. City Manager C. Requesting authority to enter into a contract with Florida Data Bank, Inc., to perform Phase I of the Records Management Improvement Program. PURPOSE: to acquire Commission authority for the City Manager to initiate Phase I of the Records Management Improvement Program for the Clerk's office. Commissioner Ferring had a question on Item C regarding the dollar amounts. Mayor Bush also had a question on Item C regarding microfilming vs. laser technology. Manager McLemore spoke regarding the "life span" of laser technology vs. microfilming. Mr. Steve Lewis, Vice President of the Government Sector for Florida Data Bank, spoke regarding micro filming vs. laser technology regarding permanent retention. Commissioner McLeod had questions on Item B. Commissioner McLeod mentioned a typo on Exhibit 1 "above" should be "below" and also 3.2.3 says the information is below in 3.2.5, but looking at 3.2.5 - is blank. Manager McLemore said we can pull this item and bring it back or the Commission can give him the latitude to just fix the above. Commissioner McLeod said his other question is Exhibit 2, if we previously had $36,000 authorized on Amendment 45, why at the same time wasn't the Commission told about the additional 10,000; 4,000 and 3,000 (17,000) by the consultants. Manager McLemore stated that it was thought that that information was available from prior studies that had been done, we cannot produce that information from the old Tipton studies. Manager McLemore stated that he, the City Attorney and Kip Lockcuff (p.W.fUtility Director) have done extensive work with the various engineering firms in trying to locate that information and we cannot locate it, therefore, we are going to have to regenerate it. Manager McLemore stated that they have been told that the age of that information would probably render it obsolete even if we had it. Discussion. McLemore stated that the information is needed for the reevaluation of the impact fees and this modeling is required in order to revaluate the impact fees. McLemore stated that the purpose of the project is not to do a model, the purpose of the project is to reestablish new rates for the City's impact fees. Res!Ular Meetine: City Commission Aue:ust 12. 1996 95-96-23 Pae:e 4 Attorney Kruppenbacher said if the Commission approves the Consent Agenda, he asked that the motion says that it is adopting the following: The distribution easement will be an agreement for the distribution of electric energy and service, there is no authority being granted by this City to place any communication services or facilities on the easement property without the prior consent of the City. ACTION: Motion was made by Commissioner Ferring to approve the Consent Agenda including the Attorney's statement (above). Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. fflFORMATIONALAGENDA Land Management Division A. Updating the Commission on the construction progress of the Public Safety Complex. PURPOSE: to update the Commission on the status of the Public Safety Complex as of July 22. 1996: Motion was made by Commissioner Ferring to accept Item A on the Informational Agenda. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye. Motion passes. REGULAR AGENDA Parks and Recreation Department A. Requests that the City Commission review infotmation regarding the "Seminole County Greenways Trails & Bikeways- Conceptual Master Plan" and the proposed recommendation for addressing the development of a "Trails and Bikeways Conceptual Master Plan" for the City of Winter Springs. PURPOSE: to update the Commission on the "Seminole County Greenways Trails & Bikeways- Conceptual Master Plan" for the City of Winter Springs: Don Wilson, Parks and Recreation Director and Ben Griffith, Seminole county Planner gave a presentation. Mr. Wilson stated in October 1995 the Commission appointed him to the Cross Seminole Trails Task Force and said the Task Force is made up of24 people and started meeting in November 1995 and have met every month since that time. Mr. Wilson said he feels the Task Force has come up with a very good product, a positive product of Seminole County. Mr. Wilson stated that the Task Force will continue to meet for at least the next 6 to 8 months regarding the overall conceptual master plan. Mr. Wilson also stated that the Chairman of the Task Force, Mr. Grey Wilson is present along with about 1/3 of the Task Force are also present. Mr. Wilson said they are present tonight for two reasons, 1) to give the Commission a brief overview of the Seminole County Rails to Trails Master Plan; 2) to get the Commission's direction regrading the Parks and Recreation Department's recommendation regarding getting the City's plan developed so that they can "marry" into Seminole County's plan. Mr. Ben Griffith, Seminole County Planner, gave the Commission an over view of the Master Plan. Mr. Griffith said there are three major components of a Trail and Greenway System: 1) recreation - Reeular Meetine City Commission Aueust 12. 1996 95-96-23 Paee 5 the recreational aspect covers a lot of different uses: bicycles, equestrian, walkers, joggers, rolerbladers and whatever the next recreational use that comes along; 2) environmental interests - conservation and preservation; habitat protection; 3) alternative transportation - by providing alternative transportation opportunities we can link up with different types of transportations; whether it is the bus system or possibly in the near future a commuter rail type system; so there is opportunity to link up and actually have a true multi-modal transportation form. Mr. Griffith said the biggest question that comes up with Trails and Greenways is "how much do they cost"; actually the cost is very minimal when compared to the benefits that are seen from these types of projects. Mayor Bush asked Mr. Griffith to give a brief description of an "activity center" and why isn't there any shown in Winter Springs. Mr. Griffith stated that an activity center is generally defined as "any designation where people tend to gather whether that is a shopping mall, business center, office complex, major school. Mayor Bush asked if the City's Town Center that this Commission is looking at now with the S.R. 434 visioning project be an ideal location for such an activity center. Mr. Griffith said yes it would and that is part of what he wanted to ask tonight was that as part of the visioning that the City is doing for S.R. 434 is to include a provision for the Trails and Greenways System because a good portion of the Cross Seminole Trail parallels S.R. 434 and runs by Central Winds Park and the new High School. Commissioner Ferring asked if Mr. Griffith could give the Commission an overview as to what he feels the total amount that he is talking about and how the funding is going to take place. Mr. Griffith said the County wide plan consists of three major show case trails that the County is currently working on: the SeminolelWekiva Trail in the western portion of the County - that property is owned jointly by the State and Department of Transportation and the County sought funding in 1993 for the development of that through IceT enhancement funds at the MPO and we are just now beginning (this fiscal year) to see some of that now. Commissioner Ferring asked what the financial impact would be on the Cities that are involved in this whole project. Mr. Griffith said the Cross Seminole Trail that runs through the City of Winter Springs; the State of Florida Offices of Greenways and Trails is currently negotiating with the Railroad to purchase that and once the purchase is complete, we will be able to seek funding through IceT enhancement funds (there are several methods/routes to go with that) currently the MPO is not taking any applications because there has been so many that they are behind; but there are other funding sources available and we will be seeking those out. Commissioner Ferring said then the City itself will not have to fund through tax dollars this particular trial. Mr. Griffith said they would not have to but they would appreciate it; the development (the actual construction and design) of these trails is most likely going to come from IceT enhancement monies and those are federal dollars; there are some other funding sources available. Mr. Griffith said where the long term commitment would come would be in operations and maintenance and we have come up with several figures County wide as far as how much it costs per mile to maintain a trail. We have also come up with figures that we can have volunteers; such as adopt-a-road, because most of the trials are low maintenance. Mr. Griffith said most of the trails are very low maintenance, if they are designed and built with low maintenance in mind, they are zero-scaped where you don't have to have irrigation and costly Ref!ular Meetinf! City Commission AUf!ust 12. 1996 95-96-23 Paf!e 6 landscaping added, your costs go down significantly and if the Cities keep that in mind, by working with the Parks & Recreations people that will be maintaining these for long term; which is what we are doing with the County - the Parks & Recreation Department will be taking over once they are paved because it's a linear park and would be the only costs incurred. This is why we have tried to develop partnerships with user groups, individuals, corporate sponsors, civic organizations and with different other agencies; there is also grants for that and also there are different State agencies in Florida. Right now everything is just beginning: the master planning process and we haven't actively sought any of those partnerships yet. Mr. Griffith said as part of the adoption of this County wide plan, the County Commissioners through the Community Development has what they call a Neighborhoods in Action Grant Program; what that is with the Community Development Office is the county will match 50/50 a grant to do whatever type of connections within the primary trail system. For instance, whether a neighborhood would like to connect with a major trail or just develop a trail system within their own neighborhood to a school or a park. The match coming from the neighborhood can either be cash, in-kind, materials or other types of services. The 50/50 Grant would allow for the people that live in an area to have more of an ownership in it; and it has been very successful with the Community Development Office and we think it will be with the trails and greenways program. Commissioner Langellotti asked if Mr. Griffith had a comparison to the locality around here. Mr. Griffith said a good example close by is the West Orange Trail which begins at the County line at Lake County and runs to Winter Garden; and that trail generates about 30,000 + visitors a month that actually goes out and uses that trail. That trail is in a very rural area, you have to drive or ride the bus out there to that trail. Mr. Griffith said there has been remodeling going on, one of the hotels is being remodeled to open up as it was in the heyday of the citrus days; there is also restaurants that have come on board; different small shops, shopping etc. in the City of Winter Garden in anticipation of the trail going through their City. Motion was made by Commissioner Ferring to approve the Seminole County Greenways Trails & Bikeways Conceptual Master Plan and the Parks and Recreation Director's recommendation to have the Mayor and Commission appoint residents to a design committee. Seconded by Commissioner McLeod. Discussion. It was determined that this item will be on the September 9, 1996 meeting for the appointments to the design committee. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush said each Commissioner will appoint two residents from their district and the Mayor will appoint two residents at large. Mayor Bush asked Mr. Wilson to give the Commission some detail on what the appointee's responsibility would be to help them in their selection process. Mr. Wilson said if this committee were to meet twice per month he thinks the committee could bring a product back to the Commission in March or April. Mr. Wilson said the responsibilities of the individuals, the best thing to think about in an appointee would be that the individual that is familiar with the community they live within, streets and roads etc., the pluses and minuses of the streets and roads so we can bring up the issues we will have to deal with so we can address those one by one by each district. Manager McLemore stated this will be an agenda item for the September 9, 1996 meeting. Ree:ular Meetine: City Commission Aue:ust 12. 1996 95-96-23 Pae:e 7 Land Management Division B. Requesting approval of the Site Plan Review Board's recommendation that the subdivision entry walls and privacy gates for Seville Chase Subdivision (Earley property) be approved. PURPOSE: to approve the subdivision entry walls and privacy gates for Seville Chase Subdivision. Approval action will allow the developer to commence construction, with the proper permits, of the entry walls and the privacy gates associated with the subdivision. The subdivision is located east of Fisher Rd., south of Panama Rd.. west of the Florida Power easement and north ofDunmar Circle: Donald LeBlanc, Land Management Specialist, gave his presentation and introduced Mr. Ed Linquist is present to give a presentation on the walls and privacy gates for Seville Chase Subdivision. Mr. Ed Linquist, landscape architect for Ivey, Harris & Walls, Inc., gave his presentation. Mr. Linquist stated that the illustration he is showing the Commission is an elevation of the main entrance walls and gates. Mr. Linquist said there is a divided entryway with an in-bound and out-bound lane; flanking the entrance on both sides is a series of walls and columns that we arraigned to create a very pleasant and interesting entrance into the subdivision and also provide an opportunity for signage. The materials that are proposed is brick for the walls and imitation keystone behind the actual sign wall surfaces; we are suggesting to have a raised planter underneath each one of the entrance signs themselves and to help with the idea ofit being Spanish or Seville, we are using Spanish Mission Tiles on the tops of the columns, we are also punctuating the columns with concrete medallions to help add additional detail to the walls. The wall heights: walls on either side of the actual signage walls are 6' and at the highest point of the signage wall it goes up to 9'10" (only at the peak) and then transitions down to 6'; the columns at the highest point (at the peak) is 8'8". Mr. Linquist said as far as the landscape concept they are proposing to use native Florida materials as a back drop - a combination of laurel and live oaks and sable palmettos to create a back drop for the signage and we would be planting azaleas and low ground covers of that nature in front of the wall to add interest. Mr. Linquist said in the Staff report there was some concern about the actual location horizontally; the main entrance and secondary entrance have been adjusted such as they are outside of the cross visibility triangle for proper vehicular movement through the intersection. Mr. LeBlanc stated ifit is the Commission's desire to approve the request, we will check to make sure that the site clearance line is met on the Shore Road entry and the developer must adhere to the Fire Chiefs memorandum dated July 16, 1996. Commissioner McLeod asked about pavers going into the drives, and asked if that was a colored paver of the reds. Mr. Linquest said at the main entrance only, they are proposing about a 90' section of concrete unit pavers which would be 3 1/8 inch thick, set on sand and the color would be a combination of grey and charcoal grey and red. Mr. LeBlanc stated that will not be maintained by the City, those will be private streets maintained by the Homeowners Assoc. Motion was made by Commissioner Gennell to approve the request with the two stipulations that are outlined on page 3 of the agenda item packet. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Re2ular Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 8 Langellotti: aye; Commissioner Gennell: aye. Motion passes. City Manger C. Requesting the City of Winter Springs execute interlocal Agreements with Seminole county and Seminole county School Board which will allow the City to collect County imposed impact fees (transportation library and school). PURPOSE: to allow the City to execute Interlocal Agreements with Seminole county and Seminole County School Board which will allow the City to collect County imposed impact fees (transportation, library and school). The city, in return for collecting the impact fees, will receive a 3% administrative fee for each impact fee collected (up to a maximum of two hundred fifty dollars per fee): Mr. LeBlanc gave his presentation and introduced Ms. Sally Sherman, Senior Planner from Seminole County. Ms. Sherman answered questions from the Commission. Mr. LeBlanc said if the Commission is in agreement with this request, this could probably be implemented by October 1, 1996 or thereabout. Motion was made by Commissioner Ferring that the City Commission authorize the Mayor to execute the interlocal agreements with the County/School Board which will allow the City to collect County imposed impact fees. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Bush called for a recess at 9: 10 p.m. Mayor Bush reconvened the meeting at 9:20 p.m. Public Works Department D. Request authorization to execute an Amended Interlocal Agreement to the Seminole County Transportation Interlocal Agreement. PURPOSE: to request authorization to execute an Amended Interlocal Agreement to the Seminole county Transpiration Interlocal Agreement for the 10 year 1 cent Sales Tax Program: Manager McLemore said this in an interlocal agreement that has taken place to amend the road improvement program for County for the final five years. There are a number of changes budget wise, the basic set of projects that was adopted in the prior interlocal agreement has stayed essentially the same, we have changed ours a small degree. Manager McLemore stated that he has given the Commission an analysis noting that the overall increases in sales tax and increases in project costs are also in the information given to the Commission. Manager McLemore said his question he had directed to Ron Rabin, County Manager, was in regards to the reduction in the County's revenue contribution. Mr. Rabin did respond that it was the result of impact fees not accruing at the rate they originally thought they would, and the County only desires to put as much money into it as they need to do those projects. Manager McLemore said it is his understanding that the majority of the increases in cost was due to principally land acquisition more than anything else (which is typical of road projects that had been planned out for five or ten years). By in large the City's task is to implement this agreement; which was worked out in work sessions back in the spring, so we are "memorializing" basically something that has been worked out through the Staff and presented on to the County Commission and back to the City to "memorialize"( which Re2ular Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 9 is his understanding). Pam Hastings, Public Works Administrative Manager, spoke regarding this program. Motion was made by Commissioner McLeod to execute the amended interlocal agreement to Seminole County Transportation, based on the memo given to the Commission by the City Manager and the representations that the County representative made to the Commission this evening. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring. Motion passes. General Services Department E. Request the City Commission authorize the City Manger to enter into an agreement with Omnicom, Inc., of Tallahassee, FL for a negotiated fee of $26,980 for telecommunication services. PURPOSE: to authorize the City Manager to enter into an agreement with Omnicom, Inc., for master planning design, bidding and bid evaluation services related to telecommunication systems for City facilities: J. Ketteringham, General Services Director, gave his presentation. Manager McLemore stated that it was decided that we could do two of the phases in-house and there were some pieces of the work that can be done in-house in the other three phases to help reduce the cost, which allowed to negotiated the price down. Discussion on this item. Motion was made by Commissioner Ferring to award the amended proposal of Phases I through 3 of the telecommunication system to Omnicom, Inc., of Tallahassee Florida for $26,980; and to authorize the City Manager to enter into a contract with Omnicom, Inc., for Phases 1 through 3 of the telecommunications study for $26,980, contingent upon legal review and sign-ofT of the contract by the City Attorney; and to authorize the appropriations of the funds from the General Reserves in the amount of $21,000 and the Utility Fund Reserves in the amount of $5,980. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. General Services Department F. Request the Commission: 1) ad a new Section 21-12 "Drug-Free Work Place" to the Personnel Policy instituting the new policy; 2) amend the Drug-Free Workplace Policy to include the new U.S. Department of Transpiration Commercial Drivers License (CDL) operator testing policy to comply with Federal Regulations No. 382; 3) Adopt Resolution 786 of the Code of Ordinances establishing a new Section 21-12 Drug-Free Workplace, amending Section 5-4(e) Disqualification of Applicants, amending Section 11-9(1) and G) Employee Assistance Program, and amending all other sections of the Personnel Policy affected by the Drug-Free Workplace Policy: Discussion. Motion was made by Commissioner Langellotti to adopt Resolution 786 amending the Ree:ular Meetine: City Commission Aue:ust 12. 1996 95-96-23 Pae:e 10 Personnel Policy of the City and to approve recommendations 1 and 2 of the request. Seconded by Commissioner Ferring. Attorney Kruppenbacher read Resolution 786 by title only. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye. Motion passes. ITEM G - PULLED FROM THE AGENDA Fire Department H. Requesting the Commission review information relative to public safety access into gated communities in the City, and to adopt a policy for access standards for existing and future communities. PURPOSE: to provide sufficient information to the City Commission from which to adopt a policy for access standards into gated communities for public safety purposes: Fire Chief Tim Lallathin, gave his presentation. ChiefLallathin stated the agenda item packet outlined past experiences with gated communities, as well as recommendations that the Fire and Police Departments have put forth in trying to correct a situation that occurs in our communities today. Discussion. Motion was made by Commissioner McLeod to approve the recommendation proposed to the Commission with exception of the paragraph regarding grandfathering, and that upon any present gated community, upon replacement of their gates they would have to bring it up to code. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner McLeod: aye. Motion passes. Parks and Recreation Department I. Requesting the Commission review and approve Resolution No. 787 which will authorize the establishment of a $25.00 exclusive use fee for park picnic pavilions reservations and use. PURPOSE: to obtain approval of the Resolution setting a $25.00 exclusive use fee for park picnic pavilion exclusive use by individuals and groups: Motion was made by Commissioner Ferring to approve Resolution No. 787 and to read Resolution No. 787 by title only. Seconded by Commissioner McLeod. Discussion. Commissioner Gennell said to confirm that the Parks and Recreation Department will intend to use a policy of only reserving one pavilion so that one is available for the public to use it, first come - first serve. Mr. Wilson stated yes, at Trotwood and Central Winds, as they are the only places that have two pavilions. Commissioner McLeod asked about a time limit for the exclusive use. Mr. Wilson stated that it will be in four hours increments: 10:00 - 2:00; and 2:30 until dusk. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Resolution 787 by title only. City Manager J. Seeking direction from the Commission relative to the Golf Villa's Drainage Problem. PURPOSE: to finalize Commission action regarding the City's role in the drainage problem at Golf Villa's in Tuscawilla: Michael Christiansen, 941 Wedgewood Dr., expressed his appreciation to the Mayor, Commission and to the City for the assistance provided to the Wedgewood Golf Villas in the past with their Ree:ular Meetine: City Commission Aue:ust 12. 1996 95-96-23 Pae:e 11 flooding problems. Mr. Christiansen said at the Commission meeting of July 22, 1996, in essence the consensus was that this was not a City issue and said he feels that the development of Arrowhead is a City issue because of it's effects upon Wedgewood Golf Villas. Mr. Christiansen said the Homeowners Assoc., had an agreement with the owner of the golf course which has not happened and said the modification should have been reviewed by the City because it did have an impact upon the current drainage. There had been no problems at the Golf Villas as far as flooding prior to the modifications at the golf course and the excavation of the land for the development of Arrowhead. Mr. Christiansen said he hopes that the Commission and City Manager will look at this as what it is, they have a serious problem at Wedgewood and it's all of a result of the modifications made at the golf course and the changes to the topography at the lots for Arrowhead and stated that he hopes that the Commission takes that into consideration. Manager McLemore asked the City Engineer Mark Jenkins if the plans for Arrowhead were approved and permitted by the Water Management District and asked if they were built to the standards of the plan. Mr. Jenkins stated yes. Mr. Christiansen stated that the representative from 81. John's informed him that it was not a requirement of theirs to approve those plans and the drawing which they had looked at, were in fact the original drawings. Mr. Christiansen said the revised drawings that they asked to look at were the drawings that cannot be located and the actual construction that has taken place since the submission of the original drawings is nothing in line to what it was suppose to be. Manager McLemore stated that it seems to him that this is a fairly easy situation to resolve; the City has a set of plans that were approved and asked the City Engineer if he has been in the field to determine that the plans, as drawn, have in fact been constructed the way they were drawn. Mr. Jenkins said yes he has many times. Attorney Kruppenbacher asked if the City approved the plans and does the City have the plans that the Commission approved in the engineer's office. Mr. Jenkins stated yes. Attorney Kruppenbacher asked if the project been built in accordance with those plans. Mr. Jenkins stated yes. Attorney Kruppenbacher asked Mr. Jenkins if the plans are the same plans (to his knowledge) that 81. John's approved. Mr. Jenkins said yes to his knowledge and stated that the only modification (to his knowledge) was the treatment depressions, the actual geometric shape of them were modified slightly to save some trees but the volumes of the treatment depressions were not reduced and the general configuration of the treatment depressions were in basic conformity with the approved plans. Attorney Kruppenbacher asked Mr. Jenkins why is the property flooding or whatever is happening that is causing this problem. Mr. Jenkins said on the original Wedgewood engineering plans, it appears that maybe there was an oversight (he is not exactly sure) but there are notes on the engineering plans that state retention to be taken care of on the golf course. Mr. Jenkins said there has not been any legal documents or easements or anything that he has seen that show that that is taking place; there appears to be a boundary between the golf course and Wedgewood Golf Villas that collects run-off from the golf course and Golf Villas. Mr. Jenkins stated that the engineering plans show that the lots next to the golf course was suppose to be graded to flow towards the golf course and said he thinks there might have been a natural "saving grace" in that before the lots were built there was a depression in the ground (lots 1-8, Parcell, Arrowhead Unit One), approximately Res!Ular Meetine: City Commission Aue:ust 12. 1996 95-96-23 Pae:e 12 by lot #2 there was a depression in the ground, water would flow from Wedgewood Golf Villas and some would overflow into that area (depression area) and give the Wedgewood Golf Villas some relief There has never been any easements recorded to guarantee the existence of this depression. Attorney Kruppenbacher asked if the water that's creating this problem coming from the golf course onto Wedgewood or is it Wedgewood's inability to "dump" it's water onto the golf course. Mr. Jenkins said he thinks it is a mutual problem, Arrowhead Unit One lots, in his site visits, do not indicate that it's water flowing from those lots to the Wedgewood Golf Villas, and in fact it looks almost like the reverse~ it looks like water is trying to flow from Wedgewood to the treatment depression area of the Arrowhead Unit One, lots 1-8, Parcel One. Mr. Jenkins said the depression that use to be there in years past offered some relief in that water would flow into the natural depression~ and stated that he has not seen any documentation that indicates that that natural depression was designed to be there for retention for anyone. Mr. Jenkins stated that he has not seen any letters, easements or anything of that nature to show him that that was the intended use for the depression~ Mr. Mikes had every legal right to fill that depression in because there was nothing guaranteeing that to serve any particular piece of property. Attorney Kruppenbacher stated that there is a book of law written by a professor from the Anniversary of Florida regarding the natural flow of water in Florida and the rights that accrue and don't accrue and said he is very familiar with that book~ and said he doesn't want to put the City in the middle of this because this is a problem between two private homeowners. There are technical legal defenses, you can't be sued for planning process approvals by Florida Law. Attorney Kruppenbacher asked Mr. Jenkins, if the plans that the City approved included the fililing in of the depression. Mr. Jenkins stated yes. Commissioner McLeod asked if the 8th hole tee box was removed and said Mr. Mikes offered to remove that. It was stated no it wasn't removed. Commissioner McLeod asked if that would compound the problem. Mr. Jenkins said he really didn't look that much at the 8th tee issue other than to accept the statements of the residents. Commissioner McLeod then asked if Mr. Mikes would be required to have permitting to put the tee box there. Mr. Jenkins said not to his knowledge, ifhe is just moving dirt around on his own property, as long as he is not creating a burrow pit or something of that nature. Commissioner Ferring said to the City Engineer that he feels that the flooding problem is a combination of both Wedgewood and golf course. Mr. Jenkins said that is what he felt it was, and that he didn't do an engineering study, so his comments are estimates. Commissioner Ferring asked Mr. Jenkins about his original letter to Mr. Mikes which advised him of certain conditions he had with the Arrowhead lots and that adjustments should be made and at a subsequent meeting the Commission asked for a clarification and you (City engineer) said it was not his intention to give engineering advise. Mr. Jenkins said his second letter explained that his first letter was strictly mirroring the comments of the Wedgewood people and just putting Mr. Mikes on notice that these complaints were coming in~ and stated that he did not do an engineering study to verify the accuracy of the complaints, he didn't try to make a judgement on the complaints. Mr. Jenkins said he asked Mr. Mikes to revisit the engineering to check to see if there were any problems there. Commissioner Ferring said the original depression that was there prior to the Arrowhead Units, which presently the house on lot #2, is covering about 1/3 of the treatment depression area that was there and what we Resmlar Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 13 are trying to piece together is Mr. Mikes made indications that he was going to do so much to correct what was happening there and as of this day, there has been nothing done. Commissioner Ferring said there has been no sump pumps installed, no lines installed and said from what he was given to understand Mr. Mikes was making a recommendation that he wanted to run a line from the Arrowhead Unit properties through to Winter Springs Boulevard into the stormwater system of the City. Commissioner Ferring said he doesn't know how the City can say that the City can't be involved in this. Attorney Kruppenbacher stated that the City is not, the City is not involved and legally the City does not want to get involved in this or the City will get in the middle of every issue between homeowners and property owners when the City approves any document. Attorney Kruppenbacher said we have asked these homeowners to produce an engineering study or an engineering information to support their issues; the City does not have one yet, we don't know what these answers are; the reality is that if the City embarks upon a course of putting the City in the middle of this, there is no way out. Attorney Kruppenbacher said the Commission is not guaranteeing what they approve when the Commission approves a project; the Commission is saying based upon the engineer's input to the Commission and the Commission's review of it, it works. We are hearing two sides to this; we are hearing the City's Engineer say there is an issue coming from the other and Attorney Kruppenbacher said he is hearing that there still has not been a meeting with the engineer from the homeowners, with the City, with Mr. Mikes to discuss the issue from an engineering standpoint. Attorney Kruppenbacher said as he listen's to this as the City's Attorney, the City is embarking upon a lot of lay opinions, we still don't have what we should have had a month ago. Manager McLemore stated that the reason the City doesn't have the information is because the homeowners don't want to pay for it, there is a very subtle game going on, putting the City in a position to pay for it, Manager McLemore stated that is his opinion of this and he is cautioning the Commission along with the City Attorney not to do this. Commissioner Ferring said he is trying to get at the facts, he said he is hearing that there are two sets of plans, with one set of plans missing. Attorney Kruppenbacher said no, what you have been told by the City's engineer is that he has the plans for Arrowhead, that the Commission approved, that the project was built in accordance with those plans and that as of right now. Commissioner Ferring asked if there was a change on the treatment depression areas of the original plans. Mr. Jenkins stated the shape, not the volume. Commissioner McLeod asked if the natural depressions were filled, were they allowed to be filled by the plans. Mr. Jenkins stated that there was a natural depression there and said he doesn't know if that was designed to be a treatment depression or not; it was a depression in the ground and that was allowed to be filled because we had no information that showed that it was anything other than a natural depression in the ground on golf course property. Commissioner Ferring said he thinks there is a safety situation there, something that the City should be responsible for whether it be Mr. Mikes or the developer of that property and that is there is standing water there, mildew, an area that stinks; is that not the City's responsibility and asked who enforces what is suppose to be done in that area. Manager McLemore said the problem is getting to the bottom of this problem is a fact building game, doing that cost money in this case and the City shouldn't put themselves of being the one to pay to Re2ular Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 14 develop the facts so that all the acquisitions can come down to something that is defensible. Manger McLemore said this is what is going on here, to get to the bottom of this problem, one of two things has to happen either the parties agree to pay for the proper engineering to discover the proper facts, to discover the proper solution; or they are going to sue each other or they are going to get the City to do it for them. Manager McLemore stated that he is trying to advise the Commission that the City doing that for them is not the proper use of taxpayers funds. It is just not the City's role to fix it. Attorney Kruppenbacher stated that if there is a Code violation, it is the City's responsibility to enforce the Code; if we have a violation of something that the Commission approved in the plan, it is the City's role to go out and deal with that; what they are telling him as the City's lawyer is they don't have a Code violation and they don't have a plan violation and as he stated at the last meeting "you can't make facts" so what you have right now is two private property owners, both saying it is not their responsibility, one telling the other it is the others problem. Attorney Kruppenbacher said the professional engineers are the people who are suppose to handle this, the parties should get together and deal with this. Discussion regarding Code violations. Attorney Kruppenbacher said to have the Code Inspector go out there and see if there are any Code violations. Commissioner Gennell asked if it is possible that a developer could hire an engineer to draw up the engineering for a subdivision, bring it to the City with the engineering stamp and the City judges it solely on the basis of the drawings with the engineer's stamp. Mr. Jenkins stated that he reviews the plans for compliance with City Code and sound engineering practices and he does look at the site. Mr. Jenkins said he had the engineer come from Tampa for the purpose of making some corrections. Commissioner Gennell then asked Mr. Jenkins ifhe was satisfied with the accuracy of the engineering as it was in front of him corrected. Mr. Jenkins said based on what was on the engineering plans it appeared to be in compliance with City Code. Commissioner Gennell asked Mr. Jenkins how could he reconcile now what is occurring. Mr. Jenkins said he can't because he doesn't think that what is occurring is a cause of Arrowhead Unit One, which is the engineering that he reviewed and approved. Commissioner Gennell stated that she has serious problems with this and said she has serious problems with just "dumping it" and turning our back on it. Commissioner Langellotti said that there has been a flooding problem there behind the 8th tee for two years, the members could not drive their carts on the cart path, long before Arrowhead was even thought of, so for anyone to say since the start of Arrowhead all this flooding has occurred - that's false. Manger McLemore stated that Commissioner Gennellleft a question out and that is the City accept signed and sealed drawing from a reputable engineer; we review the drawings and then if down the road you find out those were not competent drawings, who is responsibility to fix it - it's not the City's, that is a civil matter between the property owners and the design engineer. Attorney Kruppenbacher asked the City Engineer ifhe had stated that it is his opinion that Arrowhead is not causing this problem. Mr. Jenkins stated that it does appear that way. Attorney Res!Ular Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 15 Kruppenbacher said the City Engineer is telling us that it is not Arrowhead and doesn't know how the Commission can embark on anything beyond that once the Commission had heard that. Discussion. Commissioner Gennell stated that without "sticking our head in a noose" she is not satisfied with the length we are going to before we drop it, she stated that there is something missing in here that we could maybe do. Mayor Bush said the Commission has already made the offer to meet with Mr. Mikes and the homeowners, this was made the last time it was discussed. Manager McLemore said what the struggle is what is the real issue of the City's role in this and the problem is (and it's been said over and over) nobody has really "nailed" from an engineering perspective what this problem is. The question is, is it the City's role to do that; Manager McLemore stated that we won't get anywhere in this problem until that is done and no one wants to pay for it and it's not this Commission's responsibility to do that. Manger McLemore said he thinks it's the Commission's role and responsibility to try to encourage these people to get together and do that, to do everything you (Commission) can, and you tried. Manger McLemore said he has not see the developer or the homeowners assoc., bring a set of engineering plans that describe in detail factual terms, of what this problem is and the thing that we keep coming to is when will that be done and who will pay for it. Manager McLemore said all we are saying is it is not the Commission's responsibility to pay for it. Mr. Christiansen said he has with him the original plan that was submitted by the Tuscawilla Golf Course for the development of those Arrowhead lots and stated that a second set of plans were presented to him by Mr. Mikes which he presented to Mr. McLemore when he attended one of the Homeowners Assoc. meetings. Mr. Christiansen said at that meeting, Mr. McLemore and Mr. Jenkins both said that those plans have never been seen by the City and have never been approved. Mr. Christiansen said that the construction, the modifications and excavation that have taken place at the golf course and on the Arrowhead lots do not follow the plan at all. Mr. Christiansen also mentioned the City Engineer's letter dated September 15, 1995 to Mr. Mikes. Motion was made by Commissioner Ferring to extend the meeting past 11:00 p.m. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Jerry Correll, President of the Wedgewood Golf Villas Homeowners Assoc., stated that the residents of Wedgewood Golf Villas have not done anything different in 18 years to cause the flooding problems that began in 1985. Mr. Correll stated that the plan that the City approved is not working and needs to be rethought and studied with a sense of urgency prior to the next flooding onto their common area and into their homes. Mr. Correll asked many questions regarding this issue. Attorney Kruppenbacher asked Mr. Correll ifhe has gone over the questions with the City Engineer, in a meeting. Attorney Kruppenbacher stated that he had asked the homeowners to get with the City Engineer and Staff and work through everything, and stated that the Commission is hearing the same Re2ular Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 16 things as they did in the prior meeting; and asked why they haven't met with the City Staff Manager McLemore stated that there is a letter on file from him to Mr. Correll requesting him to give the City any information that he had that would have a bearing on this situation; and stated that Mr. Correll had advised him that he didn't have any information. Mr. Correll said their position remains the same, the City of Winter Springs erred in this approval. Attorney Kruppenbacher recommended to the Commission that this be an item on the next agenda, tell the homeowners to meet with the City Engineer, Attorney Kruppenbacher said he thinks it's unfair to the Commission as they are being asked exactly what the Commission wanted to avoid in the past. Attorney Kruppenbacher stated that the homeowners are back here and avoiding that process and putting the Commission in the middle of a technical engineering issue. Attorney Kruppenbacher said as the City's Attorney, he thinks it is wrong, it is inappropriate and asks the Commission to do what they are not qualified to do. Discussion. Manager McLemore stated that there is really no sense in having a meeting as the homeowners have no competent engineering facts to bring to this issue; that is the problem, the only thing we disagree on is who should pay for it, who should pay to discover what the problem is and who's responsible and in the end, who should do the fix; that is what this argument is about - these people have a problem, it needs to be fixed, we still aren't solving the problem, what is causing it. Once we know the problem then we can come to a good conclusion of who should pay for the fix. Ed Turner, 926 Wedgewood Dr., spoke regarding the flooding problem. Commissioner Ferring asked what would it cost for an independent engineering study. Attorney Kruppenbacher said it was just asked of the City Engineer and it is estimated to be about $1,000. Motion was made by Commissioner Ferring for the City to retain an independent engineer to escalate the problem that is going on and to give an independent report on this issue. Motion dies for lack of a second. Discussion. Attorney Kruppenbacher stated that City Staff has said to him: there is no Code violation, they see no violations of the plans that were approved, and the City Engineer has stated that he doesn't think Arrowhead is causing the problem. When those three factors come into play, Attorney Kruppenbacher said he can't figure out legally at that point where we are headed with this. Commissioner Ferring asked Mr. Correll ifhe would meet with the City Engineer again and give the Engineer some of the information given this evening to see whether or not there has been any loss of communications somewhere along the line and with that attempt maybe some kind of report can come back to the Commission as to the results and disposition of that meeting. Mr. Correll stated yes he would meet with the City Engineer, Utility Director and City Manager to accomplish this. Motion was made by Commissioner Gennell to table this item. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye. Motion passes. Mayor Bush stated that this item is tabled until the meeting between Staff and Mr. Correll occurs and the Manager places this Resmlar Meetine City Commission Aueust 12. 1996 95-96-23 Paee 17 back on the agenda. Community Development Division K. Requests the Commission approve the schedule for the preparation of Design Guidelines for the Town Center and the Redevelopment Area of the State Road 434 Corridor Visioning Project. PURPOSE: 1) request the Commission consider the expansion of the area of the Town Center and approve the schedule for preparation of the Design Guidelines for the Town Center; 2) request the Commission approve the process and schedule for preparation of the Design Guidelines for the Redevelopment Area: Tom Grimms, Community Development Coordinator, gave his presentation. Mr. Grimms stated that the proposal is to have the Town Center include the northeast portion of S.R. 434 all the way to Tuskawilla Road, up to the old Railroad r-o-w. Motion was made by Commissioner McLeod to recommend the adoption of the two requests regarding this item. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. City Clerk/Mayor's Office L. Resolution 788 - Expressing appreciation to Jim Lup for his service on the Commerce and Industry Development Board: Mayor Bush stated that he is pulling this item from the agenda. . City Clerk/Mayor's Office M. Resolution 789 - Expressing appreciation to Seymour "Sy" Berman for his service on the Board of Trustees - City's Pension Plan: Motion was made by Commissioner Ferring to approve Resolution 789 and to read Resolution 789 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Resolution 789 by title only. N. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher stated that the Mayor and Commission has received a letter from the Fire Union expressing concern over the fact that the Commission may not have been informed regarding proposals and stated that he intends to reply on the Commission's behalf explaining to them the process for collective bargaining under Florida Law and explaining to them if they have an issue regarding bargaining they take it up at the bargaining table and at such time we reach an impasse, we take it up with the Commission. Attorney Kruppenbacher stated that the letter was incorrect because there was a meeting held with the Manager, Fire Chief and himself, in which they reviewed bargaining proposals given to them by the Union. The responded within a week of those proposals being given to them as to the positions your management team wanted to take on those proposals. We then asked to schedule a subsequent meeting (through the Fire Chief) and the Union advised they were not prepared to have a subsequent meeting, four weeks or so have passed since that time. Attorney Kruppenbacher said the process of collective bargaining in Florida does not anticipate that every time someone gives us a proposal, we will call you into closed session to discuss that proposal, it Res!Ular Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 18 contemplates that your chief negotiator (by law the City Manager) and the team he has will bargain in good faith on the Commission's behalf and if the parties cannot reach a resolution at the table, either side has a right to declare an impasse, which ultimately calls for a resolution of the issue. Attorney Kruppenbacher stated if it is all right with the Commission, he will respond on the Commission's behalf telling them that in the future if they have an issue, they can take it up with the City's bargaining team and if they don't believe that we are bargaining in good faith they can take it up with PERK and if they don't agree with what our position is, they can declare an impasse and the Commission will ultimately resolve that. Attorney Kruppenbacher said he needs to schedule, pursuant to Florida Statutes 286.0118, a closed executive session regarding the lawsuit involving Kevin Brunelle vs. The City of Winter Springs, the subject matter will be confined to settlement negotiations or stragity, sessions related to litigation expenditures in that case. The entire session will be recorded by a certified Court Reporter, the time of commencement and termination will be recorded, this will be closed pursuant to laws that it is active litigation. All discussions and proceedings will be recorded, the names of all persons present at the time and the names of all persons speaking, nothing will be off the record, the Court Reporter notes will be sealed, given to the Clerk and then processed in accordance with the law thereafter. Attorney Kruppenbacher recommended holding the closed session 30 minutes before the next meeting. Attorney Kruppenbacher stated that the only persons in that meeting will be: Mayor Bush, Commissioner Langellotti, Commissioner Gennell, Commissioner McLeod, Commissioner Ferring, Commissioner Connitf, the City Manager Ron McLemore and himself (Kruppenbacher) and the court reporter, unless someone is absent due to an illness or unforseen circumstances. It is anticipated that it will take no more than 30 minutes to review the issues in this case and get the Commission's direction and guidance in that matter. Discussion. It was determined that the Closed Executive Session will be August 26, 1996, at 7:00 p.m. Manager McLemore announced that he will not be present at that meeting. O. City Manager - Ronald W. McLemore: Manager McLemore spoke regarding his memo on the status of the Preservation Trust Grant advising the Commission that he could not get the agreements in hand in time to make application. Manager McLemore stated that he thinks there may be another round at the first of the year and will try to apply at that time. Manager McLemore spoke regarding political signs. Manager McLemore stated it is his intent to enforce the laws as is put on the books. We require permits on commercial zoned property, and there are size limits. Discussion. It was mentioned that the sign permit fees are usually waived for political signs. Manger McLemore stated that Acting Police Chief Pieper is present to update the Commission on the Trotwood/Tuskawilla Road turn signal. Acting Police Chief Pieper stated that he had received a response from Mark Bevis, Seminole County Traffic Engineering in response to a letter he had sent to him in June, proposing three alternatives for the traffic signal and intersection at Tuskawilla and Trotwood Blvd., option two and three, which dealt with leaving the geography of the intersection as is and simply doing things with the phasing and Resmlar Meetin2 City Commission AU2ust 12. 1996 95-96-23 Pa2e 19 signals were rejected because they said it was unsafe to both pedestrians and vehicular traffic. The first option that was recommended had to do with the construction of a left turn for traffic on Trotwood Blvd. and as discussed previously the County will not do that ahead of their schedule but said the City could do it ourselves. (Ifr-o-w available, the cost would be about $50,000) However, the County still believes that it would be money that is ill spent because they believe the problem will "go away" by itself once the four laning of Tuskawilla Road is done and a left signal becomes effective. Discussion. P. Commission Seat IV - Cindy Gennelt: Commissioner Gennell stated that she will put off her appointment to the Board of Trustees. Commissioner Gennell asked the City Attorney if the appointments to the Trails Committee can be members of other Boards. Attorney Kruppenbacher stated he does not believe the Commission should have multiple Board appointments, it creates the entire stigma of dual office holding and stated that he recommends to the Commission that they do not appoint people to more than one Board. O. Commission Seat V - David McLeod: Commissioner McLeod stated that he will put off his appointment to the Commerce & Industry Development Board. Commissioner McLeod mentioned having item L being pulled from the agenda. Commissioner McLeod also commented on Item J of the agenda. S. Commission Seat II - John Ferring: Commissioner Ferring stated that he would like to reappoint Mel Glickman to the Commerce & Industry Development Board. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner Ferring stated that a resident brought to his attention regarding the Parks & Recreation Department in the City of Oviedo, and their activities for a six month period. Commissioner Ferring gave a brochure to the City Manager from the City of Oviedo. Commissioner F erring also brought up the memo from the City Manager to himself regarding the alarm systems that are in homes. Commissioner Ferring mentioned a resident mentioning to him regarding bridges at the Tuscawilla Country Club. Manager McLemore state that he will have the Building Official look into this matter as it is a matter of safety. T. Commission Seat III - John Langellotti: No Report. U. Mayor's Office - John F. Bush: Mayor Bush alluded to why he pulled Item L from the agenda. Reeular Meetine City Commission Aueust 12. 1996 95-96-23 Paee 20 Mayor Bush stated that regarding Item J, he would like to make sure there are no Code violations by Mr. Mikes with the standing water etc. The meeting adjourned at 11 :56 p.m. Respectfully Submitted, ~~.~ Margo M. Hopkins, City Clerk APPROVED: 7:H F. BUSH, MAYOR