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HomeMy WebLinkAbout1994 10 10 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS OCTOBER 10, 1994 The Regular Meeting ofthe City Commission of the City of Winter Springs was called to order by Mayor JohnF. Bush at 7:30 p.m. Rev. Carl Buffington of the Church of the New Covenant gave the invocation. The pledge of allegiance to the flag was led by City Manager John Govoruhk. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, absent City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of minutes of September 26, 1994: there were no additions or corrections; the minutes stand approved as presented. PUBLIC COMMENT: Joseph Genova, Adidas Road, spoke regarding the referendum on ambulance service. Gene Lein, Winged Foot Circle East, spoke regarding Architectural Review Boards reviewing and signing of building permits. Kathy Griffin, Little Fawn Court, spoke regarding the issue of bike paths along State Road 434. John Nelson, Biscane Drive, Chairman of the Central Florida Cycling Council, spoke regarding bike paths. Kitty Reilley, Executive Director of the Highlands, spoke regarding Architectural Review Boards reviewing and signing of building permits and that she is in favor of bike paths. Howard Seebs, Seneca Boulevard, spoke regarding Architectural Review Boards reviewing and signing of building permits and also mentioned a homeowner in his neighborhood putting a dog pen in their back yard without a building permit. Mayor Bush asked the City Manager to look into this situation. GENERAL AGENDA Second reading and Public Hearing of Ord. No.568, vacating, abandoning and closing Second Street. etc.: Motion was made by Commissioner Ferring to read Ord. No. 568 by title only on second reading. Regular Meeting, City Commission, October 10, 1994 Page 2 94-95-1 Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; motion passes. Attorney Kruppenbacher read Ord. No. 568 by title only on second reading. Mayor Bush recessed the Commission meeting and opened the public hearing on Ord. No. 568 vacating, abandoning and closing Second Street. No one spoke for or against the vacating, abandoning and closing of Second Street. Mayor Bush closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Ferring to adopt Ord. No. 568 vacating, abandoning and closing Second Street, etc. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod; aye; Commissioner Ferring: aye; motion passes. Second Reading and Public Hearing ofOrd. No. 569, authorizing Sprint/United Telephone- Florida, to use the public streets of the City of Winter Springs, FL; Providing for Franchise Fee, etc.: Motion was made by Commissioner Ferring to read Ord. No. 569 by title only on second reading. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring; aye; Commissioner Langellotti: aye; motion passes. Attorney Kruppenbacher read Ord. No. 569 by title only on second reading and stated in Section 7 to fiU in three (3) years from the effective date of the Ordinance. Mayor Bush recessed the Commission Meeting and opened the public hearing on Ord. No. 569, authorizing Spring/United Telephone-Florida, to use the public streets of the City of Winter Springs, FL; Providing for Franchise Fee, etc. No one spoke for or against Ord. No. 569. Mayor Bush closed the public hearing and reconvened the Commission Meeting. Commissioner Ferring commended both the City Manager and City Attorney for bringing back to the City of Winter Springs a shorter term contract with our utility people. Motion was made by Commissioner Ferring to adopt Ord. No. 569, authorizing Spring/United Telephone-Florida, to use the public streets of the City of Winter Springs, FL; providing for Franchise Fee, etc. Attorney Kruppenbacher stated that includes the provision from the effective date of the Ordinance, three (3) years. Seconded by Commissioner Langellotti. Vote on the motion: Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; motion passes. Regular Meeting, City Commission, October 10, 1994 Page 3 94-95-1 Grand Reserve Final Engineering - approval/Disapproval (west of Tuskawilla Road across from Arbor Glen Subdivision): Donald LeBlanc, Land Management Coordinator, gave his presentation. He stated that this subdivision is on the West side of Tuskawilla Road and is a 16 lot subdivision with over an acre size lots. He also said if the Commission approves this request, it will be contingent of the City Attorney approving the covenants. Motion was made by Commissioner Langellotti for approval of the Final Engineering on the Grand Reserve project across the street from Arbor Glen subdivision. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; motion passes. Appointment/Reappointment to Code Enforcement Board - Lloyd Anderson: Motion was made by Commissioner Ferring to reappoint Lloyd Anderson to the Code Enforcement Board. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring; aye; motion passes. Appointment/Reappointment to Code Enforcement Board - Charles Holzman: Motion was made by Commissioner Langellotti to reappoint Charles Holzman to the Code Enforcement Board. Seconded by Commissioner Gennelt. Discussion. Vote on the motion: Commissioner Gennelt: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; motion passes. Mayor Bush call a 10 minute recess at 8:25 p.m. Mayor Bush reopened the Commission Meeting at 8:35 p.m. City Attorney Frank Kruppenbacher: 1. Report on approval of building permit by Homeowners Associations. etc.: Attorney Kruppenbacher stated that he was asked by the Building Official if a building permit could be issued to a homeowner if the Homeowners Association did not sign off on the permit. The homeowner was demanding that the City issue the permit, as the representative of the Homeowners Association was on vacation and could not sign the permit. Attorney Kruppenbacher said that he researched this and this couldn't be done in the context it was asked. Attorney Kruppenbacher stated that the City should return to the way they were doing it by having the Homeowners Associations sign off on the building permits. Discussion. Mayor Bush said since it has been brought up by more than one person, there seems to be a perception that people are not getting building permits and asked the City Manger to research this matter and clarify this for the citizens. Regular Meeting, City Commission, October 10, 1994 Page 4 94-95-1 2. Early Litigation Settlement: Attorney Kruppenbacher said he and Carl Gosline, Land Management Specialist, met this morning with the developer's Attorney and the settlement is not finalized. He suggested that the Commission hold a work session first and then a public hearing. Attorney Kruppenbacher said that he intends to bring back to the Commission a series of options so the Commission has a full look at what is out there and then can make their decision. Discussion. It was the consensus of the Commission to hold a workshop first and then a Public Hearing on the Early Litigation Settlement. It was the consensus of the Commission to hold a workshop regarding the Early Litigation on October 24th at 5:00 p.m. prior to the regular Commission Meeting. 3. First reading of Ordinance for Southern Bell telephone Franchise: Motion was made by Commissioner Gennell to read Ord. No. 571 by title only regarding the Southern Bell telephone Franchise. Seconded by Commissioner Ferring. Discussion. Attorney Kruppenbacher stated that this agreement will take effect upon passage and will expire if you pass a subsequent Ordinance repealing it. Discussion. Attorney Kruppenbacher read Ord. No. 571 by title only on first reading regarding the Souther Bell telephone Franchise. Attorney Kruppenbacher mentioned that at the last meeting Commissioner McLeod asked about lawsuits against the City. Attorney Kruppenbacher said that the Commission will be getting in a confidential memo that outlines the pending lawsuits and any potential claims that could result in a lawsuit. He mentioned that these documents are not authorized for anyone to have and the Commission should not disclose these documents to anybody until the cases are settled which then they will become public record. Attorney Kruppenbacher also mentioned that the question was raised regarding if the City needed to go through a bidding process to designate an insurance company to serve as an administrator for an optional employee benefit program. Attorney Kruppenbacher said that Mr. Lang answered this question and for the benefit of the Commission, the City Manager has been advised the provided that the City is paying the administrator no fees, bidding is not necessary and a company could be selected to provide the afforced for described services based upon recommendation of Staff to the Commission. City Manager John Govoruhk: 1. Reports: Manager Govoruhk mentioned that Commissioner Langellotti and Mary Wilson, Employee Relations Coordinator, has been working with him on the issue just discussed by the City Attorney. Attorney Kruppenbacher gave to the Mayor and Commission a copy of the Southern Standard Building Code regarding the definition of billboards, signs etc., for the Commission's review. Regular Meeting, City Commission. October 10, 1994 Page 5 94-95-1 Manager Govoruhk mentioned that he gave the Commission and Mayor a memo from the architects for the new Public Safety Complex to keep the Commission and Mayor informed regarding that issue. Manager Govoruhk also mentioned that he hasn't received anything back from the Cumberland Farms renovation but that issue is going before Staff in the morning. Manager Govoruhk stated that with regards to the RancWands Drainage and Paving survey questionnaire, he has been working with Carl Stephens and Kip Lockcuff and will be redoing the survey and will be bringing it back before the Commission as soon as possible. Manager Govoruhk also mentioned that he has been in contact with Nick Pellegrino and he is back in town and will be available for a workshop with the Commission. Discussion. It was the consensus of the Commission to have a workshop on October 12, 1994 at 4:30 p.m. preceding a closed executive session beginning at 4:00 p.m. regarding the Firefighter negotiations. Manager Govoruhk stated that he just gave out a memo from Harry Martin, Finance Director regarding the utility billing. Harry Martin, Finance Director, explained that there were computer problems that cause the August billing to be late, anywhere from 5-7 weeks. He said they have taken steps to eliminate the possibility of this happening again. Martin said that in August we implemented the tier rates on water consumption, the first 15,000 gallons billed at .91 cents, the next 15,000 billed at $1.50, and anything over 30,000 gallons billed at $2.00. Martin said he was asked by the City Manager and Mayor to recompute possible adjustment for over charging the residents for the computer problems of what would be the possible adjustment had we not implemented the tier rates - .91 cents per thousand gallons for all consumption. There are approximately 22 hundred accounts that are involved and adjustments would run from .01 cents to $531.00. Martin said he has come up with three suggestions: one - we could adjust everybody affected; two - make a break point of$1O.00 and three - a break point of$5.00. Martin stated that the adjustments will be reflected on the residents next bill. Martin said that the total of over charging comes to a total of $27,542.00 and averages $12.53 per bill. Discussion. Motion was made by Commissioner Langellotti to allow credit on the next bill going out to all residents of Winter Springs. Seconded by Commissioner McLeod. Discussion. Mayor Bush asked that a statement be put on the water bills explaining what happened. Vote on the motion: Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; motion passes. Regular Meeting, City Commission, October 10, 1994 Page 6 94-95-1 Commission Seat V - David McLeod: No report. Commission Seat II - John Ferring: Commissioner Ferring brought up for discussion bike paths along State Road 434 and Tuskawilla Road. He mentioned that Commissioner Gennell has approached the Department of Transportation and Seminole County regarding this issue without any direction from this Commission. Discussion. Mayor Bush said that he will write to the Department of Transportation and Seminole County stating the Commission's position on bike paths. Mayor Bush asked the City Manager to get back to the Commission with concrete facts regarding bike paths and alternatives. Manager Govoruhk stated that he would bring back information to the Commission before he leaves for vacation. Commissioner Ferring asked Carl Gosline, Land Management Specialist, regarding the Seneca Bend project rezoning and the developer agreement that he received. Gosline stated that is a draft development agreement and is what the City of Oviedo uses in that sort of thing. He said the rezoning was in effect reducing the impacts on the City because it was taking commercial property and making it residential with the exception os a small commercial piece on Winter Springs Boulevard. Discussion. Commissioner Ferring asked that Gosline give the Commissioner copies of anything that might be relevant to what is going to happen in that area. Commissioner Ferring also asked Gosline about a memo he sent to the Planning and Zoning Board regarding the Land Development Code and optional approaches. Gosline stated that the Land Development Code Technical Committee recommendation was that it would be in the best interest of the City to pursue a more conventional zoning approach then the way the current draft Land Development Code is written. Gosline stated that at the last Planning and Zoning Board meeting the Planning and Zoning Board recommendation was to reject the Land Development Code Technical Committee's recommendation and to continue to pursue revising the Henniger and Ray draft that was submitted before. Discussion. It was the consensus of the Commission to have Fred Goodrow meet with the Commission to discuss the zoning possibilities and then give direction to the Planning and Zoning Board. Commissioner Ferring asked about the letter from the Finance Director regarding Commissioner Gennell's request to see copies of the Commissioners registration and expense forms for those who went to the Florida League of Cities convention in August. Discussion. Mayor Bush suggested to the City Manager that we review the travel policies within other jurisdictions and come up with a policy that the Commission can review and all agree upon. Commission Seat III - John Langellotti: Commissioner Langellotti mentioned talking to residents near Bentley Green who said they have a Regular Meeting, City Commission, October 10, 1994 Page 7 94-95-1 water problem and asked the City Manager to have the Utility Director look into the problem. Commission Seat IV - Cindy Gennell: Commissioner Gennell told the City Manager that she has looked at the Cumberland Farms renovation and has no problems with it. Commissioner Gennell said that she would still like to sit down and talk to McDonalds so we can build a relationship with them and ask them if they would cooperate down the road when we get our long range plan in place and asked the City Manager if he could set something up with them. Commissioner Gennell mentioned that at the CALNO last week, a couple of things were brought up one regarding voting to place Bette Smith back on the Expressway Authority and the Interlocal Agreement on mediation and intergovernmental coordination. Discussion. Motion was made by Commissioner Ferring to place both of the previous items on the agenda. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; motion passes. Motion was made by Commissioner Ferring for the recommendation of Sanford Mayor Bette Smith to be reappointed as member of Seminole County Expressway authority for a term of two years. Seconded by Gennell. Discussion. Vote on the motion: Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; motion passes. Motion was made by Commissioner Ferring to approve the Interlocal agreement on mediation and Interlocal governmental coordination. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring; aye; Commissioner McLeod: aye; motion passes. Commissioner Gennell said the City of Cassleberry had addressed the issue of casinos, and that the City of Winter Springs is adjoining 175 acres in the City of Casselberry that we would take an active interest in communicating with them if the casino referendum passes; and they are asking that we be ready for whatever comes. Mayor's Office - John F. Bush: 1. Discussion of City Manager Contract: Mayor Bush spoke about a letter he received from a resident whose son received a ticket for running a stop sign while riding his bicycle, and turned that over to the City Manager. Mayor Bush also mentioned calls from residents in the Ranchlands who are concerned about the survey. Regular Meeting, City Commission, October 10, 1994 Page 8 94-95-1 Mayor Bush said he would like to bring up for the Commission's consideration that the Deputy City Clerk is filing in as City Clerk until a replacement is appointed, and she is actually doing the Clerk's functions and I think it might be appropriate for the Commission to consider an adjustment in her compensation until the Clerk's position is resolved. Discussion. Motion was made by Commissioner Ferring to raise the Deputy City Clerk's salary either 5% or the minimum salary of the City Clerk whichever is greater. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye; motion passes. Mayor Bush said that he is sure the Commission means that to be retroactive to the day the Deputy Clerk took over. The Commission was in agreement. Mayor Bush stated that at the last meeting the issue was raised regarding the contract we have with the City Manager that an evaluation is to be done. Mayor Bush gave the Commission a form that he made up that is briefer than the one the City is currently using as the City's form is not geared to the City Manager~ and asked the Commission which form they would like to use. It was the consensus of the Commission to uses the shorter form. Mayor Bush stated that the City Manager does some things that he could say he wouldn't have done that way but he does things that he thinks are done quite will such as saving money for the maintenance of the City's properties. One of the things that keeps coming back to me personally on this subject is when I think about what government should be and do and so forth, we have the lowest taxes in the County and we are not dependent upon bringing in huge commercial operations to meet our requirements for public service by trying to raise tax money for other sources. We have some of the nicest places to live in all of Seminole County and all of Central Florida, but one of the things that has impressed me about Mr. Govoruhk this year is my first go- around with budgets and looking at taxes. When we met with the City Manger the Commission basically gave the Manager the charge that they certainly didn't want to raise taxes and if there was a way to reduce them, they would certainly like to consider that option. Mr. Govoruhk's response to this was he presented a way for the Commission to have the options that they asked for and I think that is one of the more critical things that the City Manager is evaluated on; I think that there is opportunity for us to move forward in the future with his (Mr. Govoruhk's) leadership to set some agendas and goals that the Commission can relay to the Manager. I think Mr. Govoruhk does a good job of responding when the Commission is clear on what they want. Commissioner Ferring stated that in the short period of time that the City Manger has been on- board, he has brought around tremendous refonn and change in this City. With looking at all the reports on the evaluation form, I probably would have to go to the highest ratings on all areas. I am prepared to just give a vote of confidence to the City Manger for a job well done and as far as my evaluation is and let it go at that. .. Regular Meeting, City Commission, October 10, 1994 Page 9 94-95-1 Commissioner Langellotti said after serving under two City Managers he has seen a drastic change with Mr. Govoruhk. We are able to go into him at any time and ask for information and he gets it to us, which is something that was lacking with the previous City Manager. I would like to also give a vote of confidence for Mr. Govoruhk because of the job he has done in the situation that the previous Commission put him in and to come out with insight, Mr. Govoruhk has nothing but the City at heart and I would also give him a high rating and a vote of confidence. Commissioner Gennell said that she doesn't necessarily disagree with most of the things that have been said, but she has sat here for twelve years listening to Commissions trying to get a written evaluation in place and it was only at the end of that time that they were able to accomplish this one that we have here. I think in all fairness to the City Manager and to all the other employees and in all fairness to the Commissions that went before us and struggled so hard to put this in place, I feel we should go with a written evaluation. Mayor Bush said that he did go over the two evaluation forms with the City Manager and the City Manager told him that he'll do whatever the Commission wished on this. Mayor Bush then stated that the Manager is not against a written evaluation. Commissioner McLeod stated that he feels that if indeed the evaluation is a regulation then the evaluation should be part of the procedure for whomever. He said that the City Manager has done a lot of good things this past year but that we need to follow a procedure that we have in place or get rid of the procedure. Mayor Bush mentioned that the procedure is pretty broad right now but we are trying to nail that down. Mayor Bush said an option could be that the Commissioners meet individually with the Manager doing an evaluation and then making it a public record. Commissioner Ferring said one important factor that has never been in this City before and that is the contract. When Mr. Govoruhk was appointed City Manger he volunteered to take a contract whereby at the end of the contract if the Commission was not happy with him he certainly would not stay; so keeping that in mind and that the contract does run to the extend it does, why don't we wait until the expiration of the contract before we do this and at this point give him a vote of confidence. Discussion. Mayor Bush said the Commissioners will meet individually with the City Manger for the purpose of evaluating the Manager and fill out the form which will then become part of the public record, prior to November 1st, as is stated in the contract. Mayor Bush said another thing he would like to recommend to the Commission is to think ahead about a workshop to work with the City Manager to help set goals for the coming year. Mayor Bush asked the Commission to think about that and it will be discussed at a later date. ... Regular Meeting, City Commission, October 10, 1994 The meeting was adjourned at 11 :30 p.m. ~~ Page 10 Respectfully submitted, /JtRU~'/I;. ~1f~ Margo M. Hopkins, Deputy City Clerk 94-95-1