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HomeMy WebLinkAbout1995 05 22 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION MAY 22, 1995 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. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Langellotti, present City Manager John Govoruhk:, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Ferring, present Cindy Gennell, present David McLeod, present For the invocation Mayor Bush asked for a moment of silent prayer. The pledge of allegiance was lead by Boy Scout Troup 787. Approval of Minutes of May 8. 1995: Mayor Bush asked ifthere were any additions or corrections to the minutes of May 8, 1995. There were no additions or corrections to the minutes of May 8, 995. Minutes stand approved as presented. PUBLIC INPUT: There was no public input. GENERAL AGENDA: Ord. 585 - First Reading - Dismissal of Board Members: Motion was made by Commissioner Ferring to read Ord. 585 by title only, first reading. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: nay. Discussion. Attorney Kruppenbacher read Ord. 585 in its entirety. Attorney Kruppenbacher said one change will be to Section I, this is referring to a member of the Board of Directors of an Orgiznation or the Board of Directors of a group~ it is not, if you are a member of a group. Commissioner Ferring asked if this covers past litigations. Attorney Kruppenbacher stated no, an ordinance takes effect per a defined State Law procedure when it is actually formally received and recorded by the Secretary of State. Discussion. Attorney Kruppenbacher said he will add another "Whereas" that states the Commission is determining that the Commission believes it to be an inherent conflict of interest. The Whereas will read "Whereas, the City Commission has determined it to be an inherent conflict of interest for a person to serve either on the City Commission or any appointed Board of the City and simultaneously direct a claim against the City. " Commissioner Gennell asked what was the rationale for the Ordinance. Commissioner McLeod said Regular Meeting City Commission May 22, 1995 94-95-21 Page 2 that his feelings are if we have, as the City Commission, have appointed people to other entities of the City and they sit on that Board representing the City, advising the City, yet they sit on a Homeowners Association Board as a Board member and they are involved with a lawsuit against the City, I do not feel that it is in the best interest of the citizens of the City to have a party in a lawsuit against the City also sitting on another Board representing the City. Discussion. Motion was made by Commissioner Ferring to approve Ord. 585 as amended adding the other "whereas". Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner F erring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Ord. 586 - First Reading - Sale of Surplus Utility Property - Fairfax Ave. Building: Mayor Bush said that this item will be covered under the City Attorney's seat. Discussion of news information distribution in Utility Bills: Mayor Bush stated that this was discussed at the last meeting as a possibility to include a brochure in the utility bill that would carry information on what happens at Commission meetings or any other important event that may be occurring in the City that the Commission felt that the people needed to be informed of. Commissioner Ferring stated that he feels that this is a good idea and the cost will be minimal and it is a way of communicating with the residents of the City without having a big news letter. It is being done throughout the entire business industry, where an information bulletin is put in with your bill. I think we should look into the intricacies of it and how it can be best applied. Commissioner McLeod said he doesn't have a problem with it going out in the utility bills, he does have a problem with putting a person on Staff to sit and write newsletters for each monthly utility bill. I think noteworthy events with the City should be and those events should be put in the utility bill by a vote of the Commission; once the Commission decides that that particular item is newsworthy then go about getting that done; but for a weekly or monthly newsletter in the utility bill, all I can see is us having another Staff person aboard writing letters and I don't think that is the intent. Commissioner Conniff stated that he agrees with Commissioner McLeod that we don't need to send something out every time we send out a utility bill. However, he thinks it is a little more positive statement then having what we currently have on our water bill where it states we are going to shut the water off. Mayor Bush asked for a motion from the Commission to direct the City Manager to implement this program and leave it to him at his discretion on how it should be put together and by whom etc., I don't think the Commission needs to get involved in that. Motion was made by Commissioner Conniff to direct the City Manager to implement this program Regular Meeting City Commission May 22 1995 94-95-21 Page 3 and leave it up to the City Manager and at his discretion on how it should be put together. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod said does that include that the City Manager will write a procedure on how this will go and I want the procedure to include that it will be voted on by the Commission at to what is newsworthy. Manager Govoruhk said he needs some direction from the Commission as to the format etc. Commissioner Ferring said nobody is looking to put something out every month, but there may be occasions when there is something of a matter that might want to be communicated to the residents of the City and you have to give the City Manager that prerogative; as far as cost factors are concerned, it will not create additional postage and the time for a Staff member to put together would not take much time. Commissioner Gennell suggested that the newsletter be a separate color as opposed to white so that it stands out when it comes with the bill. Commissioner Conniff said one possible use that we could have for that is the City Clerk. The City Clerk has a mandate that is suppose to notifY the public of what is going on, so that it is not as cumbersome on the City Manager. Commissioner McLeod stated that he can almost imagine the City Manager writing a newsletter put it in the water bill and send it out and it is something that the majority of the Commission does not agree with; again we are going to tell the public what is going on and how we as the Commission decide or why we decided or what our feelings regarding the best interest of the City is; I thought the newsletter was to portray that to the people through the Commission. Commissioner McLeod said it appears to him that we are shifting the responsibility from the Commission and Mayor to giving guidelines to any subject and dropping it on the City Manager and I don't think that is a good position for the City Manager to be in. Mayor Bush said maybe we should change the name of the newsletter to The Commission's Newsletter, and that way it is obviously the City Manager will run the information past the Commission. Commissioner McLeod said that is what he is asking for, if we are going to send general information out to the public, we first have to see a copy and approve it as a body and then send it. Mayor Bush said he thinks the intent of the motion was that the City Manager is going to be the one to put this together by whatever means that he sees fit and bring the finished product back to the Commission for approval. Commissioner Conniff amended his motion to read that the Commission directs the City Manager to implement this program and it will be the City Manager's discretion at to how it is written and will be named "The Commissioner's Newsletter" and will be approved by the Commission at a regular scheduled meeting or emergency meeting before it would be sent to the public in the Utility Bill. Commissioner Langellotti seconded the amendment. Vote: Commissioner Langellotti: aye; Commissioner GenneU: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Mayor Bush said we want this to be a professionally done newsletter, we want it to look good and the City Manager has got to have the flexibility to make sure that it does in fact look good. This will be on an "as needed" basis. Regular Meeting City Commission May 2, 1995 94-95-21 Page 4 Discussion of Lake Mary LetterIResolution regarding Seminole County Sign Ord.: Commissioner Fening stated that he would like to table this issue. It needs more discussion with the City Manager, there are some things that he would like to relate to Lake Mary that he is not happy about. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye~ Commissioner McLeod: aye; Commissioner Conrillf: aye~ Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. ApprovaVDisapproval ofC.I.D.B. request for $5.000 to update City Brochure: fun Lup, Chairman of the Commerce & Industry Development Board, stated at the Board's meeting in April it was the Board's consensus that the Board needed to have the City Brochure updated. Our current brochure has been depleted, they have been used widely~ and there has been several changes within the City with the new School being built, the finishing of the Greenway, the construction on S.R 434 and other things that are occurring within the City that could be attractive in marketing the City via the brochure. For those reasons we (the Board) thought it was necessary that we come before the Commission and request that the brochure be updated and we need to request funds to do that. Mel Glickman, C.I.D.B. member, stated that we are not asking for all that money to update the brochure, that is a total budget for the Board. There are other things that the C.I.D.B. felt that we should have some budget for, perhaps attendance at trade shows, trade show exhibits, etc. The cost of redoing the brochure is estimated at 3,000 and 5,000 quantities. I have included the bills from two years ago for the preparation and printing of the brochure where we printed 5,000 copies. Mr. Glickman gave the Commission a packet showing the cost to revise and reprint the brochures, and copies of the bills etc. from two years ago when the brochure was initially printed. Discussion. Mr. Glickman said what they are asking for is a budget that would cover not only the brochure but some other things. Discussion on the distribution of the brochure. There was discussion on the C.I.D.B. having a budget. It was determined that if a member of the Board wanted to go or do something, they could take that up with the City Manager and then the City Manager then requests the Commission to allocate monies for whatever they want to do. Discussion. Motion was made by Commissioner Ferring to a lot the C.I.D.B. $2,867.00 at the cost of .57 cents each for 5,000 brochures to be published for the City of Winter Springs. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye~ Commissioner Gennell: aye. Motion passes. Resolution 760 - Appreciation to Charles Bryam: Mayor Bush asked if there is any discussion on Res. 760, which is a Resolution of the City of Winter Springs expressing appreciation to Charles L. Bryam. Mayor Bush said Mr. Bryam is a volunteer in the Police Dept. and has been for several years and we are recognizing him as one of the outstanding Regular Meeting City Commission May 22, 1995 94-95-21 Page 5 senior citizens for his contribution to the City. Motion was made by Commissioner Langellotti to approve Res. 760 expressing appreciation to Charles Bryam for his volunteerism in Winter Springs. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Bush stated that the City Manager will invite Mr. Bryam to attend a future meeting at which time we will present him with the Resolution and a plaque for his good work for the City. Resolution 761 - Appreciation to Grace Ann Glavin: Motion was made by Commissioner Ferring to approve Res. 761 showing appreciation to Grace Ann Glavin for the work and dedication she has given to the City of Winter Springs. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Mayor Bush stated that the City Manager will invite Ms. Glavin to attend a future meeting at which time we will present her with the Resolution. I.W.S. - Acquisition of Attwoods (B.F.!.) ofI.W.S. (Industrial Waste Service): Commissioner Ferring stated as we are well aware I.W.S. was taken over in a hostile take over not to long ago by B.F. I. (Browning Ferris Industries), I feel that in the agreements that we have with I.W.S. that we ask our Attorney to pursue whether or not we have recourse to have an escape clause from that agreement. And, also, we are now in a position to go out for bids throughout the industry to get the best for our dollar for the people of Winter Springs. Also, in the bidding process, there should be something that we haven't had with this past garbage co., and that is a franchise fees for the City, which somehow escaped everyone's attention through these years. These are the things that I would like to see happen and I will ask the Commission to support that. Motion was made by Commissioner Ferring to have the City Attorney to review the contract from I.W.S. to see if there is an escape clause based upon the concept of the merger, and then to determine if we can go out for bid on a contract and include in the bid process a franchise fee. Attorney Kruppenbacher said what he understands is that directs him to research the answers to those questions and report back at the next meeting. Seconded by Commissioner Langellotti. Discussion. Commissioner Langellotti also asked the Attorney to look into the recycling program; some municipalities now are making rebates coming back to them through the recycling program. Also, we've had quite a bit of discussion about the billing process, I understood this (a few years ago) that ifwe took off the billing there was suppose to be an adjustment on the rate; I wish you would look into that. Right now, we are billing the people, we are paying them, and we are not getting anything in return. Commissioner Ferring amended his motion to include the items described by Commissioner Langellotti. Commissioner Langellotti Seconded the amended motion. Commissioner McLeod said Regular Meeting City Commission May 22, 1995 94-95-21 Page 6 regarding the franchise fee, ifwe are going to go out for bids he would like to see the bids two ways, one the cost with franchise fees and one with out franchise fees, so we know what the dollar figure per month to the consumer. Manager Govoruhk mentioned getting two separate bids one for the garbage and one for recycling as we have not received any fees for doing billing. Commissioner McLeod asked what is the present length term left on the contract. Commissioner Ferring stated that it ends in December 1996. Commissioner Ferring read from the agreement with I.W.S. Discussion. Vote: Commissioner McLeod: aye~ Commissioner Ferring: aye~ Commissioner Conniff: aye~ Commissioner Gennell: aye~ Commissioner Langellotti: aye. Motion passes. The Reserve at Tuscawilla (Tuscawilla Parcel 80) - Approval/Disapproval for acceptance of improvements (water, sewer and portion of Tuscora Drive only)for City maintenance (property located north of CSX Railroad. south of S.R. 434 and west of Howell Creek): Donald LeBlanc, Land Management Specialist, stated that this is for the Reserve of Tuscawilla, Parcel 80 on the west side of Howell Creek and it is for the acceptance of the improvements, the water and sewer and a portion of Tuscora Drive. I gave you a memo from the Police Dept., which I received today, stating that their concerns had been answered. I sent the City Attorney a performance bond and a maintenance bond. This is a bit unusual because they encountered problems with the Dept. of Transportation, they received their permits last week to finish the entryway on S.R. 434. This is a bit out of the norm and that we will only be accepting part of Tuscora Drive, which is immediately north of the entryway. Attorney Kruppenbacher stated that we met last week at the City, Mr. LeBlanc, Mr. Govoruhk and myself, and the developers. I could not identify and Staff could not identify in the Code a prohibition against your being able to approve a portion of the road. It would be my recommendation that you do this and we send a message that we are prepared to work with quality developers~ given certain other things, we are trying to accomplish so that we get that message out. One of the concerns that you frequently raise is "are we protected by bonds etc." Mr. LeBlanc assures me that we have, and I've looked at them, the protection that the remaining portion that has to be completed, will be completed and has to be completed. Both from a legal standpoint and on behalf of the Staff tell you we will work with this particular developer and ask that you do approve the portion that they have asked to be opened. They did not create the problem, D.O. T. has been a logistics problem and with that we are protected legally. Commissioner McLeod said to Mr. LeBlanc, are you saying in your memo that if we approve, then sidewalks will be done at the time of each lot being sold, rather than at present. Mr. LeBlanc said that is the way we operate, if you put the sidewalks all in at present, the construction traffic will go over the sidewalks and break it~ the sidewalk that the engineer referred to was, the developer is seeking lots 10 through 17, eight lots from FEMA, (FEMA has to give them permission) those were approved in the preliminary engineering phase but not in the final engineering phase because FEMA has not approved it yet. Once those eight lots are approved, they will be coming in with final engineering, which will come before you, we don't know at this time whether this will be approved or not, so they have given me a performance bond (almost $5,000) to build those sidewalks; if they are not here and Regular Meeting City Commission May 22, 1995 94-95-21 Page 7 FEMA does not approve their request, so I feel comfortable. Commissioner Langellotti asked about the construction trucks. Mr. LeBlanc stated that we had the Police Dept. check the barricades, as you know it is barricaded at S.R. 434 and just to the immediate north of the project. The construction traffic will still enter through S.R. 434 (the bigger trucks). During working hours they remove the barricades and they have a "flag man" who directs traffic. Motion was made by Commissioner Ferring to approve the acceptance of improvements, water and sewer and portion of Tuscora Drive only, for City maintenance - property located north of CSX Railroad, south of S.R. 434 and west of Howell Creek. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush said to make a note regarding this property, on May 12, 1995, I was present for the ground breaking of the Health House, Scott Philpot is the builder; I had the opportunity to ask him how he got along dealing with the City. His comments were that Winter Springs is the best City of which to deal with of any place he does construction. He gave our permitting people a very high marks and said he enjoys doing business here. Mayor Bush said before we get into the Attorney's report, you recall at a previous meeting we asked the City Manager and Mr. Wilson, to expedite the research on the fencing at the ball diamonds at Central Wmds Park. Mr. Wilson has done that and asked Mr. Wilson to update the Commission on this. Don Wilson, Parks and Recreation Director, stated that he contacted eight vendors, some we got quotes from and some did not respond or said they didn't want to participate with the project. We had varied quotes on various ways to fix the foul ball problem. Mr. Wilson gave the Commission copies of the quotes received. Discussion. Mr. Wilson said his recommendation is to go with the Abbott Fence Co. Motion was made by Commissioner Gennell to accept the recommendation of the Parks and Recreation Director for the chain link netting by A.A. Abbott Fence Co. for $26,259.00 and to be paid for out of the Reserve Funds. Seconded by Commissioner Conniff. Discussion. Attorney Kruppenbacher stated he recommends that in addition to what the Commission is doing, our Director of Parks and Recreation, post appropriate warning signs in the parks; that entering the parks, standing in the parks, being in the parks would render one susceptible to being hit from anything and everything that came in or lived or was in that park. We now need to warn the public since we now so diligently established the dangerous situation. Vote: Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Regular Meeting City Commission May 22, 1995 94-95-21 Page 8 City Manager - John Govoruhk - Reports: Manager Govoruhk stated that Judge Wood from Seminole County was here Friday, meeting with Chief Sexton and myself. What the County would like to do is go back to the old court system for traffic and City Code. If the Commission has no objection weld would like to offer them the Chambers here, because they would have it some where between 1:00 p.m. and 4:00 p.m. They would hold the court here, it would really save the City money by doing that because the officers would not have to go to Sanford. Discussion. There was no objection from the Commission; the City Manager will offer the Chambers to hold court for traffic and City Code violations. City Attorney - Frank Kruppenbacher - Reports: Attorney Kruppenbacher gave the Commission a memo from him with attachments. The attachment is a notice of dismissal of lawsuit filed against the City by the Tuscawilla Homeowners Assoc. and Moti Khemlani. The content of the notice of dismissal I think is self explanatory, I'll answer any questions you may have regarding that particular lawsuit. There are still active at this point, the lawsuits involving the City of Oviedo against the City of Winter Springs; and the City of Winter Springs against the City of Ovideo, the Rouse Co, and the Viera Co. Commissioner Ferring said he would like to ask the Commission to support what he is asking the City Attorney to advise us on at the next meeting: 1. What if, any remedy do we have against Mr. Khemlani and the Tuscawilla Homeowners Assoc., regarding the cost the City has incurred to deal with this lawsuit that he (Khemlani) instituted against the City of Winter Springs. 2. What if, or is there any means we have available to identifY who paid for the lawyers, the professional consultants and the associates since those lawyers also represented the Simon Mall and I question that something is wrong here when the Homeowners Board members did not even know that this was going on. In fact was it legal for this lawsuit to be filed, since the Board of Directors, to the best of my knowledge, did not vote on this lawsuit and as a matter of fact, some were not even aware that this is now being dropped. Especially when this discovery process was going on in the litigation process, what I mean by that is that they have resisted vehemently, questions regarding who is paying for the Attorneys and the professional consultants and the associates that are being used in this lawsuit against the City of Winter Springs. I would like to have the support of this Commission for the Attorney to look into these issues and to come back and advise us of this; I would like to make that in the form of a motion. Mayor Bush said we have a motion to ask the Attorney to look into what Commissioner Ferring identified. Seconded by Commissioner Conniff. Discussion. Commissioner Gennell asked the City Attorney do we have a dollar figure their involvement cost us (the City). Attorney Kruppenbacher said that the comments of their Attorney has cost the City approx. one million dollars. Vote: Commissioner Conniff aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher gave the Commission a copy ofOrd. 586. Mayor Bush said this is for first Regular Meeting City Commission May 22, 1995 94-95-21 Page 9 reading, the sale of the surplus utility property, Fairfax Ave. building. Mayor Bush asked ifthere was a motion to read by title only. Motion was made by Commissioner Ferring to read Ord. 586 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: nay; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion dies. Attorney Kruppenbacher read Ord. 586 in it's entirety. Discussion on Ord. 586. Commissioner Gennell asked if this a proper place to put in that one of the requirements of the sale is that the building wouldn't be materially altered. Attorney Kruppenbacher said he can put in that the building will not be materially altered without prior permission given by the City Commission. Discussion. Attorney Kruppenbacher asked if he could put those items in the contract, he will bring back at the second reading this document and the contract. Discussion. It was the consensus of the Commission that this not be included in the contract document. Commissioner Gennell stated that she is going to oppose this for one reason because it is in direct conflict of the Comprehensive Plan. When we divest ourselves of a building over there in a neighborhood that is rapidly deteriorating and we take our highly visible presence in that area; we are violating our own Comp Plan and we are abandoning that side of the City. I think that it doesn't cost us that much to keep that building and another reason I think that it is prematurely selling it because when the road comes in it will be worth a lot more money. If nothing else the City Manager should go back to the appraiser and find out what effect the widening of S.R. 434 and the development over here is going to have on the value of that building in 2 or 3 years. Commissioner McLeod said he thinks our Comp Plan states that we are not in a position to get rid of buildings that are of a nature that fall within a historical category; this at this time does not fall into a historical category and therefore does not violate our Comp Plan. Discussion. Motion was made by Commissioner Ferring to approve Ord. 586 first reading. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Gennell: nay; Commissioner Langellotti: aye. Motion passes. Commission Seat IV - Cindy Gennell: Commissioner Gennell said on Saturday we had the Visioning process at the Senior Center in Winter Springs and it was very nice to see some new faces there, people who have never come and put forth any effort and ifwas very gratifYing to see them. I think it was a good start, considering it's five years late in coming and you have to start somewhere; I would encourage everybody that is interested to keep with it because it is a long term project and we can only benefit by the future planning. Commission Seat V - David McLeod: Commissioner McLeod stated that he also attended the Visioning process on Saturday, I think at the Regular Meeting City Commission May 22, 1995 94-95-21 Page 10 pace, it appeared that it may end up going, I think we need to step in and I think we need to speed the process up; it looked to me like it is going to be a long process, a lot longer than it necessarily has to be. I appreciate the Mayor's outline letter on it, I wholeheartedly agree with the Mayor's analyzation of that, there were some good things that I believe came out of it. Commissioner McLeod stated that he would like the Commission to know why he voted the way he did for reading Ordinances for first readings by title only. The general public doesn't see necessarily the whole ordinance, and I think that on first readings I would like to see this Commission and our City Attorney, as courtesy, to allow us to at least read in entirety an ordinance for the first reading. I don't have a problem with reading by title only on second reading, I think the general public should hear what the entirety of the ordinance is. Discussion. Mayor Bush asked the Commission to give this some thought and this will be addressed at the next meeting; Mayor Bush also mentioned that the citizens could give the City Manager or the City Clerk a call to voice their opinion on this. Commissioner McLeod also mentioned that he has receive more letters this week regarding the utility bills; regarding the coldness of the utility bill and I think the City Manager is looking at that. Manager Govoruhk stated that the only thing on the utility bills is a pre-printed little box and they have several thousand of those, but as soon as they run out of the pre-printed bills, we will have the bills with nothing on it like that. Commission Seat I - Larry Conniff: Commissioner Conniff mentioned that he also was at the Visioning meeting on Saturday. Commissioner Conniff remarked that he and his wife attended the Winter Springs employee picnic on Sunday at Central Winds Park; since then he has been thinking and after the presentation by the C.lD.B., I would like to see us expand the use of that park, it is a magnificent facility; I would like to see concerts done there. The Mayor has spoken before that he would possibly like to have an ampitherter or a stadium concept to think about. If we are going to grow as a City and if the C.lD.B. is going to be involved in it, I think that something viable has got to come from this - Ifwe are going to attract people, we have to have something to attract them with. Discussion. Motion was made by Commissioner Conniff that the C.I.D.B. look into this and come back with some suggestions on how we can utilize Central Winds Park and possibly an amphitheater or a stadium. Seconded by Commissioner Ferring. Discussion. Commissioner Ferring stated that the area of an amphitheater has been discussed in the original plans, and in fact is part of a phasing that we had. What happened is we ran out of bond money and there was no funds available for that particular project and that is why it never became a reality. For something like that, I don't know if you can make a motion out ofit, it would have to be brought up in the budget discussions to see whether or not there is enough funding available. Mayor Bush said the motion was for the C.lD.B. to investigate this and come back to the Commission with some data which they could then take up what Commissioner Ferring is stating. Discussion. Manager Govoruhk stated that Mr. Wilson, General Services Director, the Public Works Director, Regular Meeting City Commission May 22, 1995 94-95-21 Page 11 have all had discussed this with former Commissioner Kaehler. One of our hold backs is bathroom facilities~ but now these will be under construction. There are two things we are looking at: to get ready for next Easter and something for possibly October or November, when no other City is having art festivals etc., to possibly go into an October Fest with a band, exhibits etc.~ we have started on this for fund raising. All the help we can get from any Board members, individuals, would be appreciated. Commissioner Langellotti stated that he thinks that we should leave this up to Staff, let the City Manger get with Staff and come up with some ideas and present them to us. I think what we are doing by putting this to the C.lD.B., they are looking for Commerce and Industry not entertainment. Mayor Bush said based upon the reaction of the two Commissioners, I agree with the concept, maybe you should change the motion to direct the City Manager to investigate this rather than the C.I.D.B. Commissioner Ferring withdrew his second. Commissioner Conniff amended his motion to direct the City Manger to look into the expanded usage of Central Wmds Park. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Gennelt: aye~ Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Commission Seat II - John Ferring: Commissioner Ferring appointed Russ Robins to the B.O.W.S. Board~ 1009 Sapling Drive, 699-5816. Commissioner Ferring mentioned that he received in the mail on this date, a letter from the President of the Oak Forest Homeowners Association addressing certain issues regarding their medians in Oak Forest and City property~ I will give this to the City Manager to look into and report back to the Commission. Commissioner Ferring also stated that he also was at the Visioning session on Saturday and agrees wholeheartedly with the Mayor on his outline on that meeting. Commissioner Ferring said he thought that the session was a waste of money and didn't accomplish anything. We were infiltrated by people that were outside of our City, we were given ultimatums by people that live outside the City, telling us what we should or shouldn't do as far as annexation is concerned. I was deeply disappointed in the presentation, the lack of specificity and the fact that the people that were there, although they were eager, had no idea of what we were talking about as far as cost factors when were dealing with asking owners to give up part of their properties for the visioning process. Ifwe are to continue with this, I think we could have done just as well in a meeting we could have had here in City Hall. I don't think we got any place with that and I think we lost money on it. I am totally disappointed although I am in agreement with getting citizens involved, I think they should be schooled on what their responsibilities they have to understand as far as where the money is going to come from for these visioning processes. You just don't go out and say "I want 400' of an owners property" and think you are going to get that owner to give you 400' of that property without paying a lot of money for it~ these are things that should have been brought up at this session and the lack Regular Meeting City Commission May 22, 1995 94-95-21 Page 12 of specificity absolutely gave me a mind boggling. One other thing, the new faces that were there were people from Black Hammock, McKinley Mills, Orange Avenue, all these people who don't want to come and annex into our City, are trying to tell us how to run our City and I personally would like to see any future meetings that we have, that it would be addressed by the residents of this City. Anyone can come and listen to what is going on, but they keep their comments to themselves if they are not a resident and taxpayer of this City. Commissioner Ferring stated that last week Mayor Bush, Commissioner Langellotti and myself attended the County School Board Mtg. We were there not only because of the interest we have taken but because of the requests that were made by certain individuals of this City to support the concept of neighborhood schools in this City. Unfortunately, what had taken place is it was laid down to just two options one from a neighborhood concept, where everybody in Winter Springs (all the children) would be going to Winter Springs High School and the second concept would split this City right down the middle. The task force that was involved with this project was totally in favor of the neighborhood school concept; somehow they got "submarined" because of the fact that the special interest groups that were in that audience seemed to have a very powerful effect on the way the School Board voted. I was disappointed in Lake Mary, I was disappointed at the City of Casselbeny, for them not supporting a concept of a neighborhood school. What they have done here is that they split the City in half as far as their schools are concerned. When we met with the County School Board, we had mutually agreed there would be joint projects that we would go into in the spirit of cooperation. We knew that all the children of Winter Springs wouldn't go into Winter Springs High Schoo~ but we thought a good portion would be, as it turns out right now, half of the children are going to Winter Springs High School and half of Sanford and Midway are going to be coming in to go to Winter Springs High School. It was a real disturbing issue to see all the powerful homeowner associations that have been screaming about a mall, I didn't see one thing that they were concerned about the children in this City. Commissioner Ferrlng said that Mr. Barcus, a member of the task force is here and asked the Mayor to give him a few minutes to explain what is happening. Commissioner McLeod stated that it would seem to him, that we as the City, would have a upper arm with the School Board with the park; they want to use our park and part of their agreement was they were going to work with us. Discussion. Mayor Bush stated that he also was extremely disappointed in the results of the public hearing and the vote of the School Board, I don't feel the City of Winter Springs was given it's due respect in this case, I basically don't think we were heard. Mr. George Barcus, task force member for the rezoning of the High Schools, also a resident of Tuscawilla. The task force was made up of numerous citizens from allover the County. Initially there were five plans that were proposed, I and one or two others, always spoke in terms of all of Winter Springs being included in those plans, the plans that included us (Winter Springs) were certainly those we endorsed and encouraged. When the process came to a point where the School Regular Meeting City Commission May 22, 1995 94-95-21 Page 13 Board asked to respond and comment on the five plans, it was decided from the School Board that probably the best approach would be to go out to the public. We held three public meetings, allover the County, listened to hundreds of people and comments and reaction. We took those comments and take those five principal plans and distill them down to one or two, that could then be addressed back to the School Board. I worked with the architect who orchestrated of the neighborhood school plan, Plan F, that is the one that I personally and the folks in our area and in the City of Winter Springs totally endorsed because the fact that it brought in the majority of the students in the Winter Springs area and the fact that it just made good sense. About one week before we were to go before the School Board to present what we thought would be the only plan at that time, Plan F; Plan G came up, and plan G quite honestly had we studied it closer we would have realized it at the time that it was almost identical to Plan A that we literally laughed off the table because it seemed so incongruence to common sense. But, there were strong people speaking to that plan and strong reasons why they wanted that plan at least presented in front of the Board. Had I realized at the time, I would have been much more insistent that if two plans were being presented, even though one seems totally ridiculous, I would have fought harder and longer to include Winter Springs. There was an orchestrated effort to bring a large number of Tuscawilla residents in, that had been started and it was planned to be done; quite honestly I feel I may have been misdirected in terms of how overwhelmingly assured we were that Plan F was going to be the "right" plan. The architect for Plan F endorsed Plan G, and we did not have the opportunity to respond to that. Mr. Barcus explained to the Commission the boundary lines for Plan G. Discussion. Mayor Bush asked the Commission if they would approve that he and Mr. Barcus work together, putting a letter together for the Commission's review, to support Mr. Barcus's presentation. The Commission was in agreement. Commissioner Gennell stated that she supports Mr. Barcus's plan, but is concerned that she would not like to see them move the whole area, where they would cut out the other end of Winter Springs. Commissioner Ferring said to the City Attorney that several weeks he requested the Attorney to investigate the violations of Sunshine and what progress has been made on that. Attorney Kruppenbacher said he will give a report at the next meeting that concludes it. Attorney Kruppenbacher said to the Mayor that at this time, ifwe could recess, as pursuant to Florida Statute 286.011, commence at this open meeting, a meeting of this Commission pursuant to 286.011, for the purpose of discussing settlement negotiations and strategy sessions related to litigation expenditures regarding the lawsuit currently flied against us by Oviedo, and the lawsuits we have filed against Oviedo, Rouse, Viera, etc. That session will be held in private it will be recorded by Ms. Gail Perry of Perry and Assoc., she will record the times of commencement and termination of the session, it will be commencing at 10: 10. The names of all persons present at any time will be recorded and the names of all persons speaking; there will be no portion of the session held off the record. Her notes will be fully transcribed and filed with the City Clerk within a reasonable time after Regular Meeting City Commission May 22, 1995 94-95-21 Page 14 the meeting. The persons in attendance at this meeting tonight will be: Commissioners McLeod, Gennell, Langellotti, Mayor Bush, Commissioners Ferring and Conniff, Mr. Govoruhk and myself and the court reporter. Mayor Bush recessed the Regular Meeting at 10: 10 p.m. to commence the closed executive session. Mayor Bush called the regular Meeting of the City Commission back to order at 11: 10 p.m. and announced the termination of the closed executive session. Mayor Bush said we need a motion to continue the meeting past 11 :00 p.m. Motion was made by Commissioner Langellotti to continue the meeting past 11 :00 p.m. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring; aye; Commissioner Langellotti: aye; Commissioner Gennelt: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher said at this time, I ask permission and authority from the Commission to proceed to try and negotiate and conclude a modification to the current settlement agreement with Oviedo, Rouse, Viera etc., to provide for the annexation petition of Parcel 14-C to be delivered within five days of an approved modification; $150,000 to be paid upon the commencement of site work for the mall; discussions regarding a bike path connecting to Northern Way, which the Manager will look into and the feasibility of issues regarding that and the viability, definitely getting a covenant not to have a crossing on that portion of the north east section - a covenant that would run with the land to be recorded as early as possible so we negotiate from that standpoint. Meaning we would record it immediately and to take effect as early as we can get it to take effect. We would like it to be effective immediately, so with that ifl could have your approval to have that authority to proceed I will do so. Motion was made by Commissioner McLeod to proceed as outlined by the City Attorney. Seconded by Commissioner Conniff. Discussion. Attorney Kruppenbacher said with the Commission's authority he will be working with Commissioner Ferring on that so that he has a point person again to deal with. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Commission Seat ITI - John Langellotti: Commissioner Langellotti stated that he also attended the visioning meeting on Saturday and stated that he didn't think much of it for the time he was there because about five years ago, our Planner at the time, in working with members of the Planning and Zoning Board and now a few Commissioners, we were working on the Comp Plan and we invited all segments of the City to come in and discuss certain things with the Plan. We didn't have that good of a turn out, but at the time the Planner had an idea and brought in owners of property along S.R. 434 to give their input. They had great ideas, these are people that own property out here; they know what they want to do with it, I think that it Regular Meeting City Commission May 22, 1995 94-95-21 Page 15 was a waste of money to put this in the hands of Mr. Goodrow, to have all these people come in, that don't live in the City, to give their opinions about what is to go here and the owners of the property not having even been asked what they wanted to do. I think that we should bring it back to our P&Z Board, go all through that and let the five Commissioners and Mayor appoint a committee, a task force for this. Commissioner Langellotti mentioned the Seminole County Task Force for 17-92, and stated that they have not done anything regarding that. Commissioner Langellotti said he would like to see this project back before the City Boards and let them work it through and let the people be appointed by the City Commission, not people out of the City or people who have self interest in being on that committee. It was a set-up as far as I was concerned. I am totally against this and let's go back to square one and start from the beginning. Mayor's Office - John F. Bush: Mayor Bush stated that the new Fire Station on Northern Way will be open to the City Staff on May 26, 1995, from 2:00 p.m. until 4:00 p.m., also on Saturday May 27, 1995, from 2:00 p.m. until 4:00 p.m., this is a public open house for the community. Mayor Bush stated that the City received a letter from David Medley from Seminole County, stating that the Seminole County Board of Commissioners has accepted an invitation to participate in the anti drug abuse forum grant program for 1995-96, the program began in 1990 and provides two hundred and three thousand; this doesn't cost us anything, no funds are being requested from our City. Local match funds from each of the projects are being furnished by the agents who is providing direct services. They have attached a form letter that they would like us to submit. The Commission was in favor to have the Mayor send the letter. Mayor Bush also mentioned his disappointment in the visioning meeting. We didn't know what the format was in advance, and he didn't find the format to be productive to what he was expecting to accomplish. Mayor Bush said he thought the materials that the consultant used was of poor quality for what we paid, he would have expected something better. Mayor Bush also stated that he objected to the non-Winter Springs people being participants in this meeting; I have no objections for them being there and listening but to be active participants I felt to be out of line, I thought the consultant should have noticed that. I didn't feel we got into any relevant discussion regarding S.R. 434 until after 4:00 in the afternoon, I seemed like we never got started. I think we did build expectations from those in attendance that they will or should be selected for this "blue ribbon committee", I made the statement at the meeting that this is the responsibility of the Commission to select those people. Mayor Bush stated that the idea of the program was good, I think the Commission and City did the right thing by having it, I really didn't think we got our money's worth, I think we should have gotten more accomplished, however, it is a first step and therefore we are on our way with it, but I was really disappointed in Mr. Goodrow and the fellow that was with him, I did not feel that they did a good job. Regular Meeting City Commission May 22, 1995 94-95-21 Page 16 Commissioner LangeUotti suggested that the Commissioners and Mayor and the City Manager, and rent a bus, as long as we don't violate the sunshine law and invite the press and take a ride to Port Orange, Ormond Beach and other communities to see the beautiful work in visioning with their localities. Commissioner McLeod stated that he would donate his motorcoach for that purpose, it fits about 12 people. Commissioner McLeod stated if that was an outline as far as what our consultant capable of doing, on Saturday, then perhaps we have the wrong consultant. I heard earlier this evening that the discussion was to take property from the owners; it is not to take property, it is only saying that in these boundaries you will plant trees, Greenway, or sidewalk; it is not taking it away from them. There were some property owners there that own large sections of property and saw some good things coming out of what we had. I think we need to go forward with some of that, it is not taking anything from anybody, it is just helping outline how we would like to see it developed. Commissioner F erring said he doesn't think we should have anybody undermining this City and I'm talking about dealing with people outside this City. Commissioner Conniff moved to adjourn. Seconded by Commissioner Ferring. Vote: All aye. The meeting adjourned at 11 :40 p.m. Respectfully Submitted, ~J.,~ Margo M. Hopkins, City Clerk PROVED: 7-:~