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HomeMy WebLinkAbout1994 11 14 City Commission Regular Minutes . . ~ .. . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 14,1994 Mayor Bush was presented the United.States Flag and the POW Flag by the VFW Post 5405. The Regular Meeting of the City Commission of the City of Winter Springs was called to order by Mayor John F. Bush at 7:30 P.M. The invocation was given by Father Bluett, St. Stephen Catholic Community. The pledge of allegiance to the flag was led by Mayor John F. Bush. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Langellotti, absent Cindy Gennell, present David McLeod, absent Approval of minutes of October 24, 1994: there were no additions or corrections; the minutes stand approved as presented. Mayor Bush stated that agenda item A and E will be tabled until the next scheduled meeting. PUBLIC COMMENT: C.S. MonteCarlo, South Green Leaf Court, spoke regarding the drainage problems in Glen Eagle. Mr. Monte Carlo stated that he is requesting the City consider the following request concerning the yard underdrain: City to certify and approve the installation; City to be responsible for maintenance, cleaning and repairs and replacement of the work after installation; City to be responsible for liability and property damage from stormwater backup; City to establish funding to cover the above items; City to advise taxpayers if the engineer-of-record has been contacted or involved in solving the roadway problem and if the engineer-of-record assumes any financial responsibility for correcting the roadway problem and what the costs are for the correction of the roadway problem. Mr. Monte Carlo stated he has pictures and a video tape of the problem. Fran Gramarosa, Turkey Hollow Circle, spoke regarding the spraying of malathion. She stated that she has lung disease and would like to be notified when spraying will be done in her neighborhood. Mayor Bush stated that he has talked with Ms. Gramarosa and notified the City Manager to have the City call her when they are going to spray in her neighborhood. Manager Govoruhk stated that he has passed that on to Public Works and they will notify her. Roun-Ditt Sign Request - Walt Dittmer application (Southeast comer Shepard Road and 17-92: Donald LeBlanc, Land Management Specialist, stated the Staff thought it was a good concept and Regular Meeting City Commission November 14, 1994 94-95-3 Page 2 something new, there was no way we could pass approval on it because it is not identified in our Ordinance at all. Commissioner Ferring said Staff has met on this, and reviewed this and has recommended that it be done but they can't officially recommend it, is that what you are saying. LeBlanc stated we cannot officially go forward with it because there is no place in the Code that gives us that leeway, as a matter offact the Code only addresses a "V" shape sign, which would allow 360 sq. ft. of copy area and this would have 480 sq. ft. of copy area. Commissioner Ferring asked what are the options available to us at this time. LeBlanc stated to go along with it or not go along with it or do more study on it. Mayor Bush said your recommendation is what was written on Oct. 31, 1994 in your memo to the City Manager. LeBlanc said yes, the motion was that the Site Plan Review Board recommend approval of the sign to the Commission and that we change the current City Code and/or the LDC to permit this type sign. Walt Dittmer, owner Dittmer Aluminum, spoke regarding his request. Mr. Dittmer stated that the sign will be eight feet in height, twenty feet in width and ten feet off the ground. I have intentions of putting a turn table in there and slowly turning the sign, 10-15 seconds for a complete turn, similar to these tri-visions, this would be another approach to a slowly revolving sign, and nothing exceeding your 160 sq. ft. per side. I am suggesting to the City that they accept a circular or triangular sign providing there is no more than 480 sq. ft. and providing that it fits that silhouette of 160 sq. ft. and consider it a three sided sign, in effect there is room for three, the circumference is a little over three times the diameter 3.143, there is room for three twenty foot signs on there. I have a widen sign on my property now that has been there 30+ years, that sign is 12 x 24 some 288 sq. ft, what I am proposing is an 8 x 20 that would be only 56% of my existing sign. I have in mind to light this from inside, the lens on the face on this will be a transparent polycarbon unbreakable acrylic; for a defuser on the other side I will have a series of flat bars, the defuser will also serve as a cat walk. There will be no exterior lights and no exterior cat walk. Discussion. Commissioner Ferring asked the City Attorney if we can legally do anything with this recommendation from Stall: that we change the current City Code or LDC to permit this type of sign. Attorney Kruppenbacher said as he has read the memo's tonight, it appears from my reading of the memos that the Staff does not identify that this proposed sign would violate an existing provision of the City Codes, the concern appears to address the fact that the Code doesn't talk about this type of sign (Roun-Ditt), I don't think you legally jeopardize this City's position on anything other than you may end up with one of those and in the mean time the Staff can work to modify the Ordinance to address this issue; the worse that will happen is you will end up with the one that Mr. Dittmer is going to put up and find out there is some other issue that they've uncovered down the road, but that is the worse down side that I see happening to you. Regular Meeting City Commission November 14, 1994 94-95-3 Page 3 Motion was made by Commissioner Ferring to approve the Roun-Diu sign and have Staff look into changing the City Code and/or Land Development Code to permit this type of sign. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Torcaso: aye; Commissioner Gennell: aye; Commissioner Ferring: aye. Motion passes. Manager Govoruhk asked Mr. Dittmer at the time you put up the first one, you will probably have a lot of people come out and ask for advertising, in the mean while could I make a request: Welcome to City of Winter Springs, until you get your paid ads. Discussion. Public Hearing and second reading ofOrd. No. 571, authorizing Bell South Telecommunications, Inc. to use the Public Streets of the City of Winter Springs. Florida: Providing for Franchise Fee. etc.: Motion was made by Commissioner Torcaso to read Ord. No. 571 by title only on second reading. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Torcaso: aye. Motion passes. Attorney Kruppenbacher read Ord. No. 571, by title only on second reading. "An Ordinance of the City of Winter Springs, Florida, Authorizing BellSouth Telecommunications, inc. to use the public streets of the City of Winter Springs, Florida; Providing for Franchise Fee, Severability, Conflicts and Effective Date. " Mayor Bush opened the Public Hearing. Larry Strickler, of Southern Bell, spoke regarding Ord. 571. Mr. Strickler gave the Commission a little history as to why it is taking so long to get a franchise agreement renewed between Southern BeWBellSouth, and the City of Winter Springs. The general wording in a franchise agreement is fairly generic, there might be a little modification here and there, but generally the wording is very simple and the purpose ofit is to allow regulated utilities to operate within the streets and rights-of-way, and also put the responsibility on the utility to make sure after they work they return the right-of-way to appropriate condition. It also through State Statute allows a franchise fee up to one percent (1 %) to be collected, which is based on the recurring monthly revenues off of customers telephone bills. It is dollars we collect from your citizens and turn over to you. Generally I provide a generic agreement to the City Manager in any City I negotiate with, from there the City's Attorney looks it over and modifications and recommendations are made back. Before it comes to you for first reading, the management of the City and the management of SouthernBell and the legal representation of both sides has all ready agreed, then it comes to you. For some reason in 1992, that process did not take place; I found out after an Ordinance was passed, your Attorney did not receive a generic agreement. The City's Attorney at that time made up the Ord., after it was passed is when I received notification, and upon reading the Ord. I realized that it wasn't close to the wording in the generic agreement, I sent it to our Attorney and I was advised where we would have problems with it. You now have before you an agreement that is very close to the generic agreement that was presented back in 1992, the only thing missing is there is no term. What you have to understand is Regular Meeting City Commission November 14, 1994 94-95-3 Page 4 the ord. as it is passed is not an agreement, an agreement has signatures from the City and the company. We need some term length simply because we serve so many Cities, if we got into negotiating franchises every year and if any two of them took as long as this one, we would have to hire a new department just to handle negotiations. If you negotiate too frequently, the franchise monies would be going to attorney's fees. I need some sense of direction from you, the City Commission, as to whether you feel a term should be negotiated and if so what it should be. Commissioner Ferring stated to Mr. Strickler that in the past it has been the policy that whatever was agreeded to before as far as a tenure of a contract is concerned, that would be the amount of time that was renewed. From my own personal perspective, I vowed that we will never be in a long term contract with any utility Orgiznation. You originally were looking for a 30 yr. contract, and then it went down to 15 yrs.; now we are down to and Ord. here which has an unlimited term as long as we, the Commission as a majority, feels it is in the best interest of the residents of this City. For myself personally if you need a time constraint as far as a term in years, I would be willing to give you a term in years as long as that agreement provided an escape clause for us that in the best interest of the residents of this City, and by a majority vote of the Commission, we can abrogate that contact. This gives you an unlimited term and as long you provide the services that are necessary for this City, this term can run to infinity, I don't see a problem with it unless you just need a definitive number. I don't see it as a negative for this City, I do see it as a negative for the City to get into a long term contract that we can't get out of; so therefore, what we have before us, is you have a contract here, what we are putting into and Ord. and agreement that gives you an indefinite term to operate on the streets of the City of Winter Springs. The only way that that will be abrogated is if the majority of this Commission says this is not in the best interest of the citizens. Mr. Strickler asked what Commissioner Ferring would consider not long term. Commissioner Ferring said three years, but I think this serves it's purpose and you don't have to worry about coming back in three years and negotiate as long as everything is being done properly. Commissioner Gennell said she was wondering if the rest of the Commission and Mr. Strickler, if we could live with something that automatically renewed annually unless either party notified the other within thirty days prior to the renewal date. Attorney Kruppenbacher said yes we could live with that and the other option would be to pick a date/term and say this is the term unless the Commission decides that it is in the best interest of the city to terminate with 6 months notice. Attorney Kruppenbacher stated that he realizes that Mr. Strickler has demands from his higher-up's who want to see numbers and he has pressures on him and I don't believe from his perspective, the automatic one year renewal solves for him. Discussion. Commissioner Torcaso stated that he is in favor of granting them the ability to use our streets, but I would like to increase the number of years from 3 (the same as we did with Cablevision) and give them 10 years. I think they are not a "fly-by-night" outfit, I think it will be an investment for the City to collect that money after a year, I just can't see a Utility Co. like SouthemBell coming in here every Regular Meeting City Commission November 14, 1994 94-95-3 Page 5 three years to renew a contract. Mayor Bush asked what was the shortest length of contract that Mr. Strickler could bring back to his people. Mr. Strickler stated either a flat 10 yr. or a 15 yr. with a 7 yr. reopener. Discussion. Commissioner Ferring said to Mr. Strickler what if we gave you a 7 yr. contract with the escape clause, that gives you a seven year contract and that cannot change unless a majority of this Commission deem it in the best interest of the citizens to abrogate it. Mr. Strickler said that is the same thing that you have now, except seven years isn't mentioned, but an escape clause invalidates the term. Discussion. Commissioner Ferring said we are looking to protect ourselves and to get tied into any long term contract, to me, is counter to what we are trying to accomplish in this City. Commissioner Gennell asked if this was a non-exclusive contract. Attorney Kruppenbacher said no they are regulated by the Public Service Commission, you don't regulate that all you are doing is authorizing them to use the rights-of-way pursuant to the Florida Statute. All regulations beyond that is done by the Public Service Commission, you have no other authority. Discussion. Harold Scott, Swan Street, stated when looking at these different franchise utilities, there is no language in these things protecting the citizens. Basically you grant a franchise, and absolutely no liability what so ever protecting the citizens. Let's put some language in this thing for the citizens. Commissioner Ferring stated that we just negotiated a contract with United Telephone for a three year contract, and we right not are offering an open ended ord. whereby you don't have to come back unless there is a need, I don't understand where the problem is and based on that I'm going to make a motion that we adopt Ord. 571. Mayor Bush mentioned that the public hearing is not closed, Commissioner Ferring withdrew his motion. Discussion regarding the three year contract with Untied Telephone. Attorney Kruppenbacher stated for the record, Mr. Govoruhk and I together via conference call, spoke with Ms. Lapinski who told us that a three year deal is fine, pass it and send her a copy of it, which is exactly what we did. Discussion. Mayor Bush closed the Public Hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to adopt Ord. No. 571, authorizing BellSouth Communications, Inc., to use the public streets of the City of Winter Springs, Florida~ providing for franchise fee, severability, conflicts and effective date. Seconded by Commissioner Torcaso. Discussion. Commissioner Gennell stated that she would like to amend the motion to put a term in there, I will suggest 7 years as an amendment to the motion. Discussion. Attorney Kruppenbacher stated if you (the Commission) decide to make that change the issue would be, whether this would be a substantive change, I think it would be a substitutive change and therefore, what you would do is simply readvertise and bring it back with the change, because I think you are making a substantive change. Mayor Bush stated he doesn't think Commissioners Ferring and Torcaso would accept an amendment so let's vote on the motion. Vote: Commissioner Ferring: aye~ Commissioner Regular Meeting City Commission November 14, 1994 94-95-3 Page 6 Gennell: nay; Commissioner Torcaso: aye. Motion fails. Attorney Kruppenbacher stated we will have to agenda this item until the next meeting for direction from the full Commission as to what they want for a term. I'll prepare the Ord. leaving that portion blank and will have the first reading at the next meeting, whatever way you direct it to be done and then we'll go back through the process. Discussion. Attorney Kruppenbacher stated to Commissioner Gennell ifhe could ask her to modify her vote based upon the following: pass the Ordinance so we have, and I just spoke with Mr. Strickler and he is in agreement with this, so that we do have terms and conditions that they know they have to operate under and that we've set down and then we will agenda for the next meeting, the issue of a first reading for the full Commission to consider modification of the term if it so desires to modify it. To sum up what I just said: you would pass the ord. tonight, right now we don't have anything and we are asking them to charge something. At the next meeting the Commission would have on it's agenda modification ofOrd. No. 571 regarding the term issue; and the full Commission would decide the issue you all just debated and if the votes were there to modify the term, then we would do an ord. and modify the term. If the votes weren't there to modify the term, it would not be modified but there would be a legal document that set authorization for the collecting of the 1 % and continuation of their authority to operate within our streets. Discussion. Attorney Kruppenbacher said we have a document in place that we have been relying on and the Statute, all I'm saying is all other terms of this agreement, the telephone company and the City are in agreement with, where you all have a dispute is regarding the term of the agreement, this proposed Ord. does not specify a specific term of years the way you would like it. The Telephone Co. is in agreement (I just spoke with Mr. Strickler) to pass it and have you consider at your next meeting the Commission's decision whether or not to set a specified date, but at least at this point we would lock down all these other provisions and be done with it. You will have to pass something, all you are doing is saying we are going with this now and in two weeks we'll deal with the term issue with the full Commission. Commissioner Gennell said she doesn't see why after this length of time, two weeks makes a great deal of difference whether we pass part of it or all of it in two weeks from now. Attorney Kruppenbacher stated we will have to readvertise and spend the money to readvertise this whole document; if the full Commission doesn't agree with your position, we won't have to pay for that if it passes tonight. If it doesn't pass tonight and they don't agree with you, we've got to go back and readvertise this. Commissioner Gennell said if it passes tonight and they want to do something else, they won't have the leeway to modify it any other way will they two weeks from now, I will have tied them up. Attorney Kruppenbacher said if you are saying that there may be other issues there that other Commissioners may have, then don't defeat it tonight, table the item to a time certain so we don't advertise it, the issue is the term, if there are other issues out there that are coming up at this point at the second reading, once you defeat it you have to restart the process and pay dollars to advertise. Commissioner Gennell said she thinks she would rather see it tabled. Discussion. Regular Meeting City Commission November 14, 1994 94-95-3 Page 7 Attorney Kruppenbacher asked Mr. Strickler is there is anything in the agreement that you would take a position as the Telephone Co., if this Commission wanted to change in a subsequent Ord. you would object to at this point. Mr. Strickler stated no. Discussion. Mr. Strickler stated for clarification the Ord. that the Commission passed in 1992, there were some problems that we had with it only because of the wording and some of the other things in there that had nothing to do with our business. What you have before you now is something that is fairly standard in every City in Florida we have been collecting the 1% since January 1st oflast year because your Ordinance authorized us to do that, and our Attorney said that is the intent of the City therefore we will collect. So this is not a question of collecting or not collecting, the elected body here two years ago said we want a franchise fee of 1 %. The only thing that we feel like is that we still need to negotiate some length of term. Commissioner Gennell stated that she understands but her question to the Attorney earlier, was what is the urgency now between now or two week, I can understand the advertising however, I attempted to amend the motion to put a term in and pass this and I voted against it because you've refused to put a term in there. I think they are making a legitimate request some kind of term could be put in there and we could have passed it. But if we are going to go back and just have the same thing again and try and pass it just the way it is... Attorney Kruppenbacher said that is not what he said, what he said was "you would pass this tonight so we had an agreement in hand, contrary to what Mr. Strickler said his council and I had detailed discussions about the legality of the 1 % because that prior agreement they would not accept; what I said to you was you would pass this Ordinance tonight as written and you would have on your next meeting the issue you want considered by the full Commission and it would either pass or not. If it did not pass, then we would have an agreement, if it does pass then this agreement would be modified as you sought. Commissioner Gennell said if Mr. Strickler would be happy with that and the rest of the Commission wants to undo that we can go ahead and do it. Discussion. Motion was made by Commissioner Gennell to reconsider the motion ofOrd. 571. Seconded by Commissioner Torcaso. Discussion. Vote: Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Torcaso: aye. Motion passes. Motion was made by Commissioner Torcaso to approve Ord. 571. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: nay; Commissioner Torcaso: aye; Commissioner Ferring: aye. Motion fails. Much discussion on this item. Mayor Bush tabled this until the next meeting. Attorney Kruppenbacher stated at the next meeting he will bring back to the Commission for first reading Ord. 571 and I'll have the provision on the term; you will have two options the one as written or one where you can specify a term, we will start over for first reading. Regular Meeting City Commission November 14, 1994 94-95-3 Page 8 Ord. No. 572, amending the 193-194 Fiscal Year Budget, which was adopted pursuant to Ord. No. 549 of the City of Winter Springs. Florida. etc.: Motion was made by Commissioner Ferring to read Ord. No. 572 by title only on first reading. Seconded by Commissioner Torcaso. Discussion. Vote: Commissioner Torcaso: aye; Commissioner Gennell: aye; Commissioner Ferring: aye. Motion passes. Attorney Kruppenbacher read Ord. 572 by title only on first reading. An Ordinance of the City of Winter Springs, Florida, amending the 1994 fiscal year budget which was adopted pursuant to ordinance no. 549 of the City; repealing ordinances in conflict herewith; providing for severability, conflicts and effective date. Motion was made by Commissioner Gennell to approve Ord. 572 amending the 1994 fiscal year budget. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Torcaso: aye; Commissioner Gennell: aye. Motion passes. City Attorney Frank Kruppenbacher - Reports: No report. City Manager John Govoruhk - Reports: Manager Govoruhk said for record purposes he just gave the Commission memos regarding the Oviedo Crossing application for the approve ADA. Manager Govoruhk stated he has the packet in his office and the Commission can review it at any time until such time copies are made as the packet is very large. Manager Govoruhk also stated that the Commission also has the minutes regarding the Art Festival between the Rotary Club and the Parks and Recreation Department. Manager Govoruhk mentioned the Commission has a copy of the letter that he sent to Ron Rabin, County Manager, for clarification on a petition that was brought in during my absence. Manager Govoruhk mentioned that there is a bucket truck parked out in the front of City Hall and stated that we had put in for a grant through the recycling money, which would have been a 50/50 grant, the truck cost $37,821.14, as of today we have been notified by the State that they are putting in for the full grant and will not cost the City residents any money. Commission Seat II - John Ferring: Commissioner Ferring stated that Thursday night there was a meeting with the County Engineers regarding the widening ofTuskawilla Road. It was attended by himself, the Mayor and Mr. McLeod and the City Manager. There was a lot of unhappiness from the people that were present regarding the widening of Tuskawilla Road. I have had conversations with the President of the Oak Forest Homeowners Assoc. who has asked me when are we going to do something about the wall on the west side of Tuskawilla Road; I indicated to him that it was under discussion. Commissioner Ferring stated to the Mayor that he would like for the Mayor tonight in lieu of the conversation and statements by Commissioner Warren at the last meeting to resume the joint meetings that the County Commission and the City Commission have had regarding the buffering of that particular road. I would hope that we could write them or you Mayor, could contact them as to see if we can resume Regular Meeting City Commission November 14, 1994 94-95-3 Page 9 meeting with them as soon as possible. So that if indeed we can come to some kind of an agreement regarding the wall, that it will be done with little obstruction on the engineering plans that are already in place. I would like to ask the Commission here tonight, for permission for the Mayor to contact the County Commission and request the resumption of the joint meetings regarding the widening of Tuskawilla Road and the wall that will subsequently, we hope, will be put up to protect the residents of Oak Forest. Discussion. It was the consensus of the Commission to have the Mayor write a letter to the County Commission to resume the meetings. Commissioner Gennell said that she would like the Commission to consider the information that she has given the Commission from time to time about accommodating bicycles and pedestrians as long we are working on the two major thoroughfares in the City, we should take all these things into consideration while we work with these different entities. Mayor Bush stated that at the Public Hearing regarding Tuskawilla Road, those issues came up, I think all issues should be discussed. Mayor Bush also mentioned that he would like the Commission to have a plan so when we meet with the County Commission we can say this is what the people ofWmter Springs want so we have a united front when we meet jointly with the County. I will be more than happy to set up a meeting but I do want us to have an agenda that we all agree on and go and say this is what we want. It was the consensus of the Commission to have the Mayor write a letter to the County Commission and at the next meeting the Commission will decide how to handle this internally and we will make sure we don't agree to a meeting with the County Commissioners before we have our meeting. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked when will the construction start on Tuskawilla Road. Mayor Bush stated that there will be a public meeting with the County Commission sometime in January and the construction in a couple years. Commissioner Gennell said regarding the Oviedo Crossing and all the information that the Commission has been given, the Staff has been asking for direction and legal direction and I would think it would be pertinent to us to have a workshop and go over just how we want to approach this. I see things are happening and Staff is asking for this kind of direction. Discussion. Attorney Kruppenbacher said the Commission has gone on record saying to make sure Staff objects to the Oviedo Crossing deal and we should object in writing and in person. Commissioner Gennell asked if the Commission will get copies of the objection letters. Attorney Kruppenbacher stated that the Commission will get copies of everything he generates. Commissioner Gennell stated that she would like copies of the objection letters from Staff also. Manager Govoruhk stated that they have just received most of it Thursday, Friday and today, as the Attorney just stated we just met on this today to set up a meeting with Staff to see what we will object to and what the Attorney will object to and put the decisions in writing, then if we have to meet with you the Commission, we will set up a special meeting. Anything that goes out to anyone will be given to the Mayor and Commission, so nothing will go out "blind-folded" for any of us. Discussion. Mayor Bush stated that he would like to see that the Chair of the County Commission also receive copies of our objection letters. Commissioner GenneU gave a poster from the Winter Springs Art Festival to be placed in the lobby. Regular Meeting City Commission November 14, 1994 94-95-3 Page 10 Commissioner Gennell move to appoint Tom Brown to the BOWS Board. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Torcaso: aye; Commissioner Ferring: aye; Commissioner Gennell: aye. Motion passes. Commission Seat I - John V. Torcaso: Commissioner Torcaso asked the Attorney about the annexation of Orange Avenue. Commissioner Torcaso also stated that he feels we should get rid of the signatures that are required when someone runs for election. Commissioner Torcaso also brought up the distribution offunds from the Senior Center by the Corporation. Commissioner Torcaso mentioned the City's old utility building that it is possible for it to be renovated with one or two offices to be rented out and have a museum. He stated that he has talked to a few people that would volunteer hours to have a museum and he would like the Commission to consider this. Commissioner Torcaso stated that this would be a benefit to the City. Commissioner Torcaso asked if the signs along Tuskawilla regarding the Rotary Club have been changed to read Winter Springs Rotary not Tuscawilla Rotary. Commissioner Torcaso was told by a resident in the audience that the signs have been changed to Winter Springs Rotary. Mayor's Office - John F. Bush: Election Results: Mayor Bush stated regarding the signatures for qualifying for elections is in our Charter, then that would take a Charter change. Maybe at some point the Commission should consider a charter review committee. Mayor Bush stated regarding the fund situation at the Senior Center, rather than getting the Attorney involved, the City Manager should handle it at this point unless it becomes a legal issue; and asked the City Manager to look into that and report back to the Commission at the next meeting or whenever you have information. Attorney Kruppenbacher stated the issue revolves the fact that there is a Senior Citizens Corp.(for lack of a better description), that is a private corporation that raised funds that have been utilized to pay for various programs at the senior center. We don't have control of nor the authority to deal with the funds that they raised. We have the authority to run the senior center, this Commission could interpose itself and say cease and desist from raising funds in the manner in which you are raising them, and they would cease doing that and then the issue would become where is the funding going to come from for the various programs that are held. Attorney Kruppenbacher stated that this is an issue for the Commission you can either direct your Staff that no one is to raise funds at the senior center or any other public facility for a private entity regardless of how that money is spent, for dues or whatever or you can say you are not going to address the issue. I don't have the authority to address this. Mayor Bush asked the City Manager to prepare this for the next Commission meeting as an agenda item so we can get this resolved. Manager Govoruhk said he will meet with the Senior Center and the new President and see what we come up with and I will bring it back to you. Mayor Bush said that is fine. Mayor Bush went over the election results: there are 11,879 registered voters in the City of Winter Springs; there were 7,543 ballots cast and 140 absentee ballots for a total of 7,683 voters who voted in this last City election; that is a turnout of 64. 7% which is an excellent turnout. In Seat III John . .. ., ~ .. Regular Meeting City Commission November 14, 1994 94-95-3 Page 11 Langellotti was the winner with 56.6% of the vote and Seat I Larry Conniff was the winner with 66.8% of the vote. I have distributed was the votes by prescient including the absentee and the non- binding referendum on the ambulance was NO: 62% vs. 38% YES votes. Mayor Bush mentioned a petition that was submitted to the City from the Arbor Glenn Homeowners. Somehow the Homeowners were thinking that we should submit this to the County Commission and I think that we need to contact the President of the Homeowners and say that this is a County Road and they as citizens have the right to go to the public hearing such as some did, but that is where their concerns should have been presented. To put it to the Commission would make the assumption that the Commission has endorsed those concerns, which of course it never came before the Commission for endorsement; so what the Manager did was work as a messenger and passed it on to the County Commission. That's not that the Commission wouldn't have agreed with some their recommendations, it is just that it was never brought before the Commission and never an agenda item and I think they somehow had the feeling that the Commission should have done that. We need to explain to them how it works. Commissioner Ferring said with respect to that, we did receive the petition, I would just be curious how all this came about without us having any knowledge ofit whatsoever whereby portions of the road were moved further to the west and a portion of an individual developers property was taken - an additional 6 feet times 1,000 feet to accommodate one side of the road or the other. I don't know what is going on here, all I know is that this was done without our knowledge until we saw it Thursday night and I would just be curious; I raised that issue that night at the meeting to ask why the County if they were taking this particular developer's property, which was 81 out of the 87 plats were already done, that they asked for an additional 6 feet from that developer. Then there was a suggestion that proper paper work would have been expedited for that developer to get a cut into his development onto Tuskawilla Road, I would like to know how this came about and when that change was made, moving that road again, when they were talking about moving it to the east. I think we deserve some kind of answer on that and who made those decisions. Mayor Bush said that was the first I heard of it too, and I attended both of the meetings and the only explanation I can come up with is at the result of the first meeting on Sept. 15th, the County believed that somehow or other the people were wanting this and so they came up with a rendering showing. That is the only explanation I could come up with, I did ask them about that and they said they tried to respond to what the citizens said on Sept. 15th. Your other commends about the additional r-o-w from the developer is a good question, I talked to Commissioner Warren about it that night, I think it does need to be brought up at our meeting. I think what you stated in the public meeting might be true, I hope it isn't but it very well could be. Mayor Bush said he has two letters, one from the Rev. Neil Backus regarding the BOA turning down his request for a conditional use for Faith Bible Church and Floral Gardens at 415 S. Moss Road. Manager Govoruhk stated that he has talked to Staff regarding this and Staff will get with Mr. Backus to see if that is an appeal or not an appeal, if it is have it reworded so we can bring it to the Commission. Mayor Bush then mentioned a letter from Ed Martinez, Jr., regarding his utility bill and ... ' r( II Regular Meeting City Commission November 14, 1994 94-95-3 Page 12 the problems from a few months ago. Commissioner Ferring said he has placed several calls to Mr. Martinez residence over the last week and he has not returned any of my calls. I indicated to him that I wanted to get a little more information on the letter he sent us. I did finally today, get to speak with Ms. Martinez and she indicated that he has been working late and that is probably why I haven't spoke with Mr. Martinez. I understand that the City Manager is already aware of this and they are doing research on it at this particular point. Manager Govoruhk said we are checking into it also at the billing department. Commissioner Gennell said she would like to have copies of the information that Mr. Monte Carlo gave to the Manager. Manager Govoruhk said he will give the Commission copies if they want, and he had a meeting last week with the builders, developers, and the homeowners, the only thing Mr. Monte Carlo said at that meeting is that he isjust going to make you aware of it, but the problem as the homeowners when they left the meeting, and he voted on it, that he accepted what the builders/developers were going to do. The only thing we are going to do is to check it off make sure it was done. Mayor Bush mentioned the issue of the widening of Tuskawilla Road and he thinks the City has to be very pro-active in getting what the citizens expect to happen. It will take more than just the Commission, the citizens need to contact their County Commissioners and I think it is time that we talk to them about looking at some of the things that we want here especially as it relates to the widening issue. The meeting adjourned at 9:27 p.m. Respectfully submitted, Approved: '-tu{,~ ~~~ Margo lIopkins, Acting City Clerk 7. ~,MAYOR HNF. BUSH