HomeMy WebLinkAbout1995 09 11 City Commission Regular Minutes
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REGULAR MEETING
CITY COMMISSION
SEPTEMBER 11, 1995
The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:35
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
Mayor Bush asked for the invocation Mayor Bush asked for a moment of silent prayer.
Approval of Minutes of August 28. 1995:
Mayor Bush asked ifthere were any corrections or additions to the minutes of the August 28, 1995
meeting.
Commissioner Gennell mentioned that she thinks there is a small part missing but is not sure if it was
mentioned at the workshop (held before the regular meeting) or at the regular meeting and that she
feels it is critical regarding when she asked Mr. McIntosh specifically is it his representation that his
clients will continue to work with the rails to trails alliance and the cross Florida trail people and Mr.
McIntosh said yes it is. That is not in the minutes of the Regular Meeting of Aug. 28, 1995. I want
it reflected in one set of minutes, where ever it belongs. Discussion. I would suggest if the Clerk
finds it on the tape, that it is in fact on the tape of the minutes of the regular meeting then the Clerk
amend the minutes to reflect that. Mayor Bush asked for a motion to approve the minutes as
amended.
Motion was made by Commissioner Conniff to approve the minutes of the Regular Meeting of
August 28, 1995 as amended. Seconded by Commissioner Gennell. Vote: Commissioner Conniff
aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~
Commissioner McLeod: aye. Motion passes.
PUBLIC INPUT
Gene Lein, 1173 Winged Foot Circle, President of Country Club Village Homeowners Assoc., spoke
on behalf of the members and officers of the Homeowners Assoc., thanked the City Manager, City
Attorney and the Commissioners involved and Staff~ for helping to put together the Country Club
Village Streetlight Maintenance District.
Mayor Bush said before he gets to the General Agenda he would like to bring up one thing he was
going to bring up under his seat and that is the Code Enforcement appointment he had - Mr. George
Colombo, and the discussion the Commission had with the fact that some of the Board Members such
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as Lurene Lyzen were not notified about their term expiring. Mr. Colombo very graciously agreed
to resign from the Board, he (Mr. Colombo) has talked with Ms. Lyzen and I have talked with Mr.
Colombo a couple of times, before and after, and at this time I would like to nominate Ms. Lurene
Lyzen to the Code Enforcement Board.
Motion was made by Commissioner Ferring to place this on the agenda. 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 nominated Ms. Lurene Lyzen to the Code Enforcement Board. Seconded by
Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye~ Commissioner Gennell:
aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye. Motion
passes.
Commissioner Conniff stated that he has a letter of resignation from Sherylin Hill, he had
recommended that she be placed on the Planning and Zoning Board and for professional reasons she
tendered her resignation and he regretfully accepts her resignation. At this time I would like to ask
the City Attorney if it is possible he appoint to his Planning and Zoning position out of his district.
Discussion. Attorney Kruppenbacher said to make the nomination subject to it being legally
approved. Commissioner Ferring said any Commissioner can appoint any resident of the City of
Winter Springs to any Board and he doesn't know of any limitation of other than the geographic
limitation placed on the Commissioners~ you do not have to appoint somebody that is in your
geographic district, that is the only prohibition we have in this City.
Motion was made by Commissioner Conniff to place on the agenda the appointment to fill the
vacancy on the Planning and Zoning Bd. Seconded by Commissioner Ferring. Discussion. Attorney
Kruppenbacher stated that is subject of it being politically correct. Vote: Commissioner McLeod:
aye; Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~
Commissioner Gennell: aye. Motion passes.
Motion was made by Commissioner Conniff to appoint David Hopkins to the Planning and Zoning
Board. Seconded by Commissioner Ferring. Discussion. Commissioner McLeod stated that Mr.
Hopkins is presently setting on one of the other Boards and as he (Comm. McLeod) understands Mr.
Hopkins is willing to resign from that Board and that Board is the Code Enforcement Board. Vote:
Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~
Commissioner Gennell: aye~ Commissioner McLeod: aye. Motion passes.
Commissioner Ferring said with Mr. Hopkins resigning from the Code Enforcement Board that leaves
a vacancy on the Code Enforcement Bd., and I understand that Mr. Bob Gray was interested in
staying on that Board and therefore I would like to make a motion to put on the agenda appointment
to the Code Enforcement Bd. Seconded by Commissioner Conniff. Discussion. Vote:
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Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye;
Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes.
Motion was made by Commissioner Ferring to nominate Mr. Robert Gray to the Code Enforcement
Bd. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye;
Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye;
Commissioner Conniff: aye. Motion passes.
Attorney Kruppenbacher stated for the record he has looked at the Code and there is no prohibition
on the appointment of the Zoning Board; however there is a Board that does require the appointment
from Districts.
GENERAL AGENDA
Resolution No. 768 - Expressing appreciation to Gene Prestera for his service on the Code
Enforcement Board:
Mayor Bush read Resolution No. 768 in it's entirety.
Resolution No. 769 - Expressing appreciation to Terry Meta for her service on the Beautification of
Winter Springs Board (BOWS):
Mayor Bush read Resolution No. 769 in it's entirety.
Mayor Bush stated for all the citizens who serve on the City Boards and who give their time and
efforts to make the City better, these Resolutions are a very small token of the appreciation of the
Commission as well as the citizens of the City because many times their efforts go unnoticed by the
majority of the population but the Commission knows the good work they have done and we certainly
appreciate it and we hope the citizens of the City also appreciates it and I would like to ask the City
Manager to see that these Resolutions are passed onto the Editor of the Winter Springs Bulletin so
they can be noted in the next edition; they should be noted of the individuals of the good work they
have done.
Motion was made by Commissioner Gennell to approve Resolutions Nos. 768 and 769. Seconded
by Commissioner McLeod. Discussion. Vote: Commission Gennell: aye; Commissioner Ferring;
aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye.
Motion passes.
Public Hearing for 1995-1996 Fiscal Year Tentative Budget 1. Ad Valorem Millage - Discussion;
a)Recompute and announce Tentative Millage Rate: b) Adopt Tentative Millage Rate:
Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there
was anyone present who wishes to speak regarding the Fiscal Year 1995-1996 Budget. There was
no one present who wished to speak regarding the Fiscal Year 1995-1996 Budget.
Commissioner Gennell asked if the inventory for this year has been completed. Manager Govoruhk
said the inventory has been completed and a check is being made on the items that have been
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September 11, 1995
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transferred. Commissioner Gennell asked if it will be reconciled this year as the City Charter says.
Manager Govoruhk said yes.
Commissioner Gennell said regarding the Capital Improvements on the Parks Dept., I had asked the
City Manager on a couple occasions to bring forth some suggestions for reapportioning the expenses
between the East and West sides of the City. Because the Budget is $182,450.00 for Capital
Improvements for Recreation Department, in the Central WindslWinding Hollow area $41,400.00
is allocated between Central Winds Park and engineering and things for Winding Hollow. On the East
side of the City, which a majority ofit is in the Tuscawilla area, it's $113,050.00; on the rest of the
City, the West side it's $14,000.00; I think that it is not very equitable, I have brought it up in the
workshops and here at this meeting once before and I don't think that that is a fair appropriation of
Recreation Funds. I'm not suggesting for a moment not to do what we are doing in Tuscawilla but
I am suggesting at the least that maybe we can postpone some of the things that are being done in
Winding Hollow since nobody lives there right now. I think that since we represent all the citizens
in the City that I think that we should more fairly appropriate the Recreation Funds.
Commissioner McLeod said he believes that two years from now, there is somewhere around a
quarter of a million dollars allocated to the West side of the City; I think that was brought out, I think
we have a five year plan that shows this year the West side doesn't necessarily have a lot of monies
being expended but the Parks and Recreation Director felt the attention needed to be given to present
pieces that he had on the East side and the West side would be addressed two years from now with
major funding compared to other parts of the City. I think at the workshop we had on the budget it
was pretty well agreed upon by the Commissioners with the City Manager that we accepted that five
year plan at present time. Discussion.
Commissioner Ferring said this year, is the first year under the guidance of the City Manager that we
have in place a five year growth plan; almost all Depts. with the exception of a few have put forth a
five year growth plan and I think we went into a good discussion on this when we set the millage rate
on July 24, 1995 and I want to take this time to complement the City Manager and his Staff and the
Finance Director who grudgingly saw the light on what we were trying to do as far as maintaining
the quality of service for the residents of this City but at the same time cutting to the "bone" areas that
we could cut, thereby reducing the taxes in the City to the residents. I want to go on record in
complementing the City Manager and his Staff for the work they have done on this budget.
Mayor Bush said this issue has come up more than once and Commissioner Gennell has brought this
up about the Parks; the plan that was submitted to the Commission at budget time, as far as I have
determined, the Commission as a group has agreed with that and by approving the budget they have
agreed with the plan and there has been no motions made to the contrary that would lead me to
believe otherwise. Unless there is a Commissioner who wants to make a motion on this, and the
Commission considers a vote, I think the plan stands as presented by the City Manager.
Commissioner McLeod asked the City Manager and the Parks Director - do you still feel that your
five year plan is an adequate plan for what we are doing with Parks and Recreation as it stands today.
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September 11, 1995
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Manager Govoruhk referred that to the Parks and Recreation Director before he gives his comments.
Don Wilson, Parks and Recreation Director, said in order to give the Commission a background
about how he went about he put together the five year plan - he did not look at the City as district
for district, had he been given those directions he would have~ what he was looking at when he put
the five year program together was year by year how he could phase out all the improvements needed
where it would be adequate and possibly feasible to fund it. The first priority he has was safety, the
second was drainage plans~ the first year we are refurbishing some tennis courts- safety factors again,
if we wait another year it will cost a lot more money to retain the existing courts especially at
Sunshine Park. Relocation of one tennis court in another area~ most of it is to get us in the situation
where we can build something that will be there for years to come~ we wonlt have flooding on the
property. Also bring items up to OSHA standards for safety, that is the approach and philosophy I
took, I think you are only looking at one year, I'm not saying that there is not more parks needed
down the road but I was trying to address the immediate concerns, bring ourselves up shoulder level
where we should be as far as conditions of the parks.
Commissioner Langellotti asked if the residents over by Sunshine Park using the tennis courts. Mr.
Wilson said he has seen residents use the courts, he has had complaints on why some residents will
not use them.
Manager Govoruhk said one thing Commissioner Gennell brought up regarding Winding Hollow, the
only thing we are looking at this year is to come up with a plan for the next four or five years
thereafter, the property owner has donated $20,000 towards that, so we are actually using the
property owner donation for the next two years before we get into the General Fund, which will be
the third year if nothing comes up to start into Winding Hollow. Hopefully between now and two
years from now this whole plan will change because now we are looking at possibly annexations and
the other property to possibly get between 75 acres to 250 acres for additional parks and recreation
in the next two years minimum, so the whole five year plan may change.
Commissioner Gennell said she is not going to stop raising this issue until she gets somebodyls
attention, it may not be in this budget but it will be in the next one and I apologize to anybody that
is offended for calling it East and West. In that area as you well know it is our less advantaged side
of town, there are not a lot of privileged children over there, we have the most over crowded
Elementary School in the entire County on that side of town. Now we don't even have a summer
youth program anymore, we don't have anybody providing anything and this $14, 000.00 is a pittance
to our less advantaged citizens and I do not begrudge Tuscawilla if they need it I say do it~ but I'm
saying it's not equitable, that is just where I stand on it. Mayor Bush said for a point of clarification
he believes the most over crowded school is Rainbow Elementary now.
Commissioner McLeod said he doesn't know ifhis question has been answered by the City Manager-
Is the City Manager presently supporting the five year budget plan. Manager Govoruhk said yes he
is and remember one thing, this is this year's budget, next year you will have a whole new budget for
approval. Commissioner McLeod said to the City Manager is he supporting the five year plan on the
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September 11, 1995
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Parks as it is. Manager Govoruhk said yes.
Commissioner Ferring said for anybody's information the millage rate that we will be setting tonight
is 3.7023.
Mayor Bush asked Harry Martin the Finance Director said the millage rate as it stands right now
unless the Commission changes it is 3.7023.
Motion was made by Commissioner Ferring to announce the Tentative Millage Rate for the City of
Winter Springs of 3.7023. Seconded by Commissioner Langellotti. Discussion. Vote:
Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye;
Commissioner McLeod: aye. Motion passes.
Motion was made by Commissioner Ferring to adopt the Tentative Millage Rate of3.7023 for the
upcoming fiscal year. Seconded by Commissioner Conniff Discussion. Vote: Commissioner
McLeod: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye;
Commissioner Langellotti: aye. Motion passes.
Mayor Bush said agenda item D will be pulled from the agenda as the Manager and Attorney are still
working on revisions and will be on the next regular scheduled meeting agenda.
Approval/Disapproval of HMO to fully fund cost differential of Florida Municipal Major Medical
coverage:
Manger Govoruhk said Mr. John Ketteringham, General Services Director will cover this item.
Mayor Bush said he read the information and what is the total amount of dollars are effected here that
the Commission will either approve or disapprove.
Mr. Ketteringham said there are 15 participants is $39.22 which is a cost differential XIS 50 if$588.30
per month. So for whatever months it takes us to award a new contract and we are estimating it will
take us about four months so you are looking at $2,353.23 for the cost differential between the HMO
and the modified PPO which would allow the 15 participants to keep their current physicians.
Commissioner Ferring are all these participants electing to pay the difference between what is costing
for the rest of the workers in the City and their plan. Mr. Ketteringham said there are only two that
are willing to pay the differential between the current Florida Municipal Health Plan, which is
considerably higher than the modified PPO that we got the quotes from AvMed on, there are only
two participants that are willing to pay the differential themselves. So what we did is go out and
Florida Municipal wouldn't cover those two participants, so what we did we asked A vMed to come
up with a comparable PPO that will allow these participants to use their current physicians. They
came back with a cost differential with the current HMO and the modified PPO of$39.22 per month.
Commissioner Ferring said then we still have a dual plan then and the intention of this Commission
was that we were going to have one standard plan for all the employees in this City and I don't know
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September 11, 1995
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why we deviated away from that. Mr. Ketteringham said the reasons are that there was one particular
case in point in the Fire Dept. where one person had family coverage in the FMHTF that he had to
have those physicians and we tried to work around that for the balance from October 1 st, which is
when the current plan expires and the time that we actually award a new contract and we estimate
that to be somewhere around the first of the year, that is basically what we are trying to do.
Discussion. Mr. Ketteringham said the total allotment for the health insurance was $349,087.00 and
the current cost per employee for HMO is $1,813.00 per year and the current cost per employee for
FMHTF is $3,839.00 per year and there wasn't any action taken during the workshops for the budget.
There is quite a bit of differential between the two and we were trying to stay within the budget
guidelines of $349,087.
Commissioner Ferring said to the City Manager that he thought the Commission made it very clear
that we wanted to get down to one health plan and if there were going to be any others that were
going to be brought forth that we would have to discuss that in an ensuing budget year. Manager
Govoruhk said during the workshop we have two and the comments that were made during the
workshop that if the employees wanted they would have to pay the difference. We have two
employees that want to do that and what we are trying to do for the next three or four months to give
those employees the option for that short time and that is why we are asking guidance from the
Commission do we do it or don't we do it. We are going out for RFP's and that should be done
within the next three or four months. Ifwe don't do it then those two employees will be left out until
we go out for a new insurance and come back because it might not be the HMO or FMHTF, we don't
know who it will be with, we will have a whole new insurance program within the next four or five
months. Commissioner Ferring said there has been a gross inequity through the years in this City
regarding the health plans and when we were in discussion as to where we felt that we could reduce
the budgets in this City, that was specifically mentioned that we would go to a single health plan for
all employees and if the employees want to take their own health plan they would have the option to
do so and pay the difference from what we are paying for everyone else in the City to what they want.
I don't know why there is any confusion on that and where we went astray on this.
Commissioner Conniff said to Mr. Ketteringham that he said something about the family in the Fire
Dept. that this person needs to keep this certain plan, is there a physical problem. Mr. Ketteringham
said yes, they have to have these particular physicians and FMHTF will not continue the plan for two
participants, they have 15 participants now so they just would not continue it. So we tried to
accommodate that particular family by going to A vMed and get the PPO from them to allow this
particular family to keep their current physicians to continue on their health coverage for whatever
period of time it takes us to award a new health and life insurance. Discussion. Mr. Ketteringham
said this family could keep their current physicians at the differential of$39.22.
Commissioner Langellotti asked if AvMed was the only plan that was approached on this. Mr.
Ketteringham said yes because we are working with AvMed on the HMO now and they are covering
the HMO and we are not trying to award brand new insurance at this point, we are going out with
an RFP to do that and we had asked AvMed since FMHTF would not cover for just two participants
and asked AvMed what they could do for us and they came back with this proposal; they are basically
Regular Meeting City Commission
September 11, 1995
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just modifying their current contract allowing it to extend beyond Oct. 1 for the balance of the time
period and we are trying to put a "patch" in place basically. Discussion.
Commissioner Langellotti suggested that the City has it in writing to cover the two employees so as
not to leave them out on a "wing"
Commissioner McLeod said so what you are asking us is to approve for basically of four months an
expenditure of about $2,000 to continue coverage for particular families that want to continue this
until they can find alternate coverage. Manager Govoruhk said that is correct. Commissioner
McLeod said while you are looking for insurances to pick up your group, there should be something
that is known as no gain/no loss~ in other words they want to pick your people up within the City then
the insurance carrier cannot say they won't take an individual for "X" reason. Discussion.
Mayor Bush said in light of Commissioner Ferring's point, is there some reason that we haven't
already contracted with a new provider at this point, why do we have this four month opening?
Manager Govoruhk said the RFP's were sent to the Attorney, which we just got the "ok" back from
the City Attorney that we are ready to go out. We are going out for RFP's on liability, worker's
compo and health, life and disability insurance~ also on the property causality insurance, by the time
we get them out and give thirty days to get them back and then go through them and have Staff come
up with the top three or five to give to the Commission, then the Commission does their interviewing
and make their final decision we have looked at approximately three to four months to get it all done.
Attorney Kruppenbacher said it is not a simplified process, these people have been working hard to
get detailed bid specs, to come up with documents working with industry such that when we finally
go out for bid you are going to get the best response as possible. Mayor Bush asked if the proposals
that are being prepared do in fact encompass the Commission's wishes that Commissioner Ferring was
pointing out. Attorney Kruppenbacher said yes, we are four months away from achieving your
objective. Discussion. Commissioner Langellotti said to Mr. Ketteringham to make sure he asks
about guaranteed issue, this means that any company can take the whole group in regardless of any
health problems.
Motion was made by Commissioner Langellotti to approve the funding of the HMO cost differential
for four months. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Conniff:
aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye; Commissioner Gennell: aye;
Commissioner McLeod: aye. Motion passes.
Approval/Disapproval of Cable TV audit of Franchise agreements:
Mayor Bush said we have a letter from Attorney Lang to the City Manager where he recommends
that we periodically audit their records to determine whether or not we are being paid what we are
owed.
Commissioner Gennell asked if this is anticipated to be on a contingency basis of on a fee basis.
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September 11, 1995
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Attorney Kruppenbacher said the Cities of Sanford and Longwood got into the contingency fee basis
and both Cities will tell you that they ended up in the middle of a "war zone". Because you had a real
fight, Sanford ended up being sued by the people who did the audit claiming that on the power
company alone they owed them something like 70 thousand and ended up settling for 20 thousand;
my recommendation is you don't do any audit in this City on a contingency fee basis; you pay people
that professionally do this service. Commissioner Gennell said the reason she brought this up is she
understands that both phone companies are refusing to let people into their facilities who are
conducting the audits on a contingency basis. Attorney Kruppenbacher said he thinks the City ought
to look at doing in future franchises is providing if our audits demonstrate there has been a failure to
pay properly that is the result of the franchisees failure that they have to pay for the audit.
Mayor Bush said this agenda item is really approval or disapproval of the concept of doing the audit
and I think the Manager can come back to the Commission with a recommendation of what kind etc.,
Motion was made by Commissioner Ferring to approve the processing of the audit of the Cable TV
and franchising agreements for all of our franchisees on a continued basis. Seconded by
Commissioner Langellotti. Discussion. Commissioner McLeod said he thought the Commission
discussed this before, it became clear that audits had been done before but normally ended up that the
audit cost more than the revenues that came back from them, they are also audited by several other
agencies that audit the franchise agreements themselves and they are under government guidelines;
why do we want to spend money again to audit the audits unless we sit here as a Commission and
know in our hearts and feel that there is monies that is not being paid to us, our own City Staff has
told us they felt the audits were adequate. My question is why are we going to audit these people
at this time. Mayor Bush said to answer your question, it was Mr. Lang's recommendation to the
Manager where he recommends a periodic audit, he didn't say how often or when .
Commissioner Ferring said in response to that, if you go back on your paper work you will see the
documentation that was put forth showed that several audits of various Cities turned up a tremendous
amount of monies for that City in respect to what it cost for the audit. I think I gave you
documentation where it costs the City of Orlando $8,000 for an audit and they wound up with a
surplus of over $70,000 on that one audit. Not to discriminate against one franchisee, it was
recommended by the Attorney's that we do it on a regular basis to the franchisees that we do have
in this City, one each year. Our regular audit procedure does not cover that particular area. It is just
good business sense to do.
Commissioner Gennell stated that she thinks it is a good idea to do, she hasn't heard of any Cities that
were disappointed in doing it, but a lot of them did it on contingency basis so there is a question
there, I could see us doing it on a rotating one per year and maybe reevaluate it after a certain time
but it is also appropriate where we are coming up to renew some of these franchises to know where
we stand. The only one that is going to have a vested interest in reviewing their franchise fees is
someone who we appoint to that task. Some of the really big Cities have taken training for their own
employees to go in and do it as part of their standard procedures, that is how critical they see it.
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Commissioner Conniff said he likes the idea of having some of our people do the audits, I don't think
we need to do it on an annual basis, if we suspect anything we always have the power to subpoena
and take them to court and let them prove they haven't.
Attorney Kruppenbacher said to point out one thing to have the Manager check into is that he thinks
the City of Maitland that paid Orlando auditors, their City auditors on Staff, to do audits for them,
you may be able to buy it by looking at some of the governments who have huge auditing
departments and find out if they would let you contact them.
Mayor Bush said the Manger will come back with recommendations on auditing.
Vote: Commissioner Gennell: aye~ Commissioner McLeod: nay~ Commissioner Conniff: aye~
Commissioner Ferring: aye~ Commissioner Langellotti: aye. Motion passes.
Proposed Pubic safety Complex - Commission authorization to increase Architectural Professional
Fee for addition of Add Alternate to existing contract:
Manager Govoruhk said the Commission has a letter asking for authorization to go out for the
$12,495.00. This will be a shell of an additional building, it will allow the City to receive a price for
construction at this time so we can see if we have enough bond money to build it at this time.
Mayor Bush asked if this would save the City money in the long run. Manager Govoruhk said yes
it will and we hope we would be able to build the whole thing if we go out this way.
Commissioner McLeod said what we are looking at as we are going through this is we continuing
to have talks with the architect and continue to try and take the "fluff' out of this building, and in
doing that we hope to find perhaps we can build the building we are wanting plus the additional three
thousand feet to the building that would be the future building (that is about four years down the
road) as a shell at the present time. That would save the City taxpayers quite a bit of money down
the road from having to go back and tear up landscape, the yard, and everything else and have a
general construction site at the Police Station and we are talking to the architect about the very basics
to provide in that shell at this time. What we are looking as is the possibility at this time the complete
shell of the building could be built similar to how malls and shopping centers are built and at a later
date go in and finish the inside.
Commissioner Gennell asked if the $12,495 will come out of the bond money or out of the general
fund. Manager Govoruhk said out of the bond money, the money that has been set aside for the
complex.
Commissioner Conniff said basically it is pay now or pay more later. Commissioner McLeod said that
is basically what it is, if we can build it today under the overall contract with all contractors as it is
being built we should get a better price per square foot on the overall building. This is where some
of our savings would come in~ we would not have a floor in this building, we would basically have
a shell up. Discussion.
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September 11, 1995
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Motion was made by Commissioner Conniff to approve the expenditure of $12,495 for the
professional fees. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner
Ferring: nay; Commissioner Conniff; aye; Commissioner Langellotti: aye; Commissioner McLeod:
aye; Commissioner Gennell: aye. Motion passes.
City Attorney - Frank Kruppenbacher - Reports:
Attorney Kruppenbacher gave the Mayor and Commission an ordinance and stated that he would like
to have this put on the agenda, the ordinance deals with the City investment policy and this needs to
be on the agenda tonight in order to comply with our law. You were given in your packets the
investment policy.
Motion was made by Commissioner Gennell to place on the agenda the discussion of the investment
policy and investment policy ordinance. Seconded by Commissioner Conniff Discussion. Vote:
Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye;
Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes.
Attorney Kruppenbacher stated that the Commission has in their packet the actual investment policy
which is referred to as exhibit "A" to this ordinance. It is attached to the memo of August 29, 1995,
from the City Manager to me regarding this issue.
Attorney Kruppenbacher went over with the Commission the changes proposed in the policy and put
this on for first reading and then deal with it again for second reading at the September 25, 1995
meeting. Attorney Kruppenbacher went on to his next item while the Clerk made copies of the
investment policy.
Attorney Kruppenbacher stated the question that Mr. Lang posed to him; on the outset incase there
is any issues or concerns that I do employment work for the City of Casselberry and asked the
Commission if they had a problem regarding the fact that he represents the City of Casselberry in
employment matters with my giving an opinion on this matter. Commissioner Ferring said he had a
problem with that. Mayor Bush asked if any other Commissioner had a problem with that. No other
Commissioner stated they had a problem Commissioner Ferring said he thinks it is a conflict.
Attorney Kruppenbacher said with his ethical background all it takes is one and this will be put on
the next agenda and he will have Mr. Lang available to speak on this issue.
Commissioner Ferring said he doesn't know if anybody recently read in the Orlando Sentinel
regarding the City of Casselberry's annexation policies. They seem to have quite an appetite for
annexation on their own and they are right now dueling with the County regarding their annexation
policies. When the City of Casselberry came before us regarding this issue, just food for thought for
this Commission to think about, is that we had asked them whether or not they would consider
straightening out the fiasco on SR 434 where there is a one strip mall there that belongs to the City
of Casselberry and we were told that we (Casselberry) would be glad to do that, only it is illegal that
they can't deannex that, so the City of Winter Springs could annex it in and once and for all we can
have a City line that is contiguous with the rest of our City. At that time I asked Attorney Lang to
Regular Meeting City Commission
September 11, 1995
94-95-29
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look into the legality of whether or not we would be able to annex in that western portion of the
property that they are saying is illegal. All they want to give us is that little strip on the north side and
I am talking about that southwestern piece that would make everything all contiguous. So far we
haven't got anything on that. Mayor Bush stated that Attorney Kruppenbacher indicated that
Attorney Lang will be at the next meeting. Attorney Kruppenbacher said we haven't gotten anything
because Mr. Lang is not the City Attorney and he gave that request to me and as you know I've
spoken to you before about this publicly and it has not been raised - the conflict. I will have him here
at the next meeting.
Commissioner McLeod said, didn't the City Manager and Mayor of Casselberry address that strip
that they had taken that up with their City Attorney at the time and they weren't able to release that
because it was part of a continuous portion of theirs? Mayor Bush said he thinks we should wait until
the next meeting when Attorney Lang is here.
Investment policy - Attorney Kruppenbacher said the fundamental issue that we have with this policy
is, as drafted and proposed by Finance, it would delegate to the Finance Director of this City and the
City Administrator, basically decisions on how to invest your money. We have to tell you that we
have an issue with that; our theory is your investment policies and how the monies are invested etc.
ought to within a frame work be approved by this Commission. Attorney Kruppenbacher said if that
concept is agreeable to you that you (the Commission) ultimately have control, then we would like
to put in some procedures and have that amended, that you adopt it tonight with that concept, and
have the language that the Commission has the final authority and I believe your Manager
recommends that also.
Attorney Kruppenbacher said we have a "top flight" financial consultant that works with Mr.
Govoruhk, Mr. Lentz and we want to put in some language that those policies or how those
investments will be done in consultation with our consultants, there is no reason not to require that
that be tapped before you get the recommendation.
Commissioner Ferring said for the benefit that are listing to our exchange back and forth, what we
are talking about basically is an investment policy for the City of Winter Springs on the monies that
they have in their accounts and how to properly invest them and into what areas to invest them in and
to set up proper auditing and proper accounting procedures to make sure everything is done under
a controlled atmosphere, so this is basically what we are doing at this point. This is a rough draft of
what we're talking about and it has to be worked on and amended to all of the Commission's
satisfaction as they review it. The only problem is that we are working under a deadline, this has to
be done by State Statute by October 1, 1995 and unfortunately we are at the 11th hour again.
Attorney Kruppenbacher said on page 2, if you look at the reporting requirements proposed by
Finance, it says "..a monthly report will be submitted to the City Manager by the Finance Director.."
that report should also go to the Commission, I don't think your Manager wants to be in a position
of getting finance reports, you not getting them and if there is a glitch being held accountable for it.
The Manager and I have talked about it and he agrees the information is critical. On the finance
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September 11, 1995
94-95-29
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committee, the proposal is that there be a semi-annual meeting, we propose that that be at least
quarterly for the funds of the City. On the bank selection, where there be a depository services with
a proposal no less than every five years~ five years is a long time, you have already expressed yourself
on the concept of franchises and this kind of runs in conflict with that theory. I don't know why you
would not look at that issue annually if that is what your financial consultants recommend and if there
is a reason not to do it, let me put in here that you have the right to waive that. If your consultants
say you want to do it every two years because there is some financial benefit to do it, I'm sure you
would understand that but to go five years to me you have better control looking at that.
Commissioner Gennell asked the Attorney to define Re-Purchase Agreement. Attorney
Kruppenbacher said it is a very technical banking term and he doesn't know the answer and will find
out between the next meeting.
Mayor Bush said he was wondering if it wouldn't be prudent to have our financial consultant come
and go over this with the Commission. Attorney Kruppenbacher said we will have him here at the
next meeting.
Commissioner Ferring said that Re-Purchase Agreement has to deal with short term investments and
how they are handled and the scope goes quite large and you can read it in the Florida Statutes.
Attorney Kruppenbacher said under Authorized Investments, he will leave it up to Mr. Lentz to tell
us if that is satisfactory or not, we are awaiting that.
Attorney Kruppenbacher said we recommend an expansion of paragraph 8 on page 4, to provide that
one of the investments can be or in such other investments, trust funds, mutual funds, as maybe
legally qualified for municipal investments by Florida Law, basically giving you the right to do
anything that is qualified under Florida Law. Commissioner Ferring said on the money market funds,
do we keep a running list because it says funds rated triple A or double A, G or better by standard
and poors corporation and insured certificate of deposits and timed deposits received as required by
Chapter 280 of the FL Statutes~ would you please have him look into that and define that more.
Attorney Kruppenbacher said at the last meeting in September we should have Mr. Lentz and Mr.
Martin here to go through how this works for them. Commissioner Ferring said and on internal
controls on page four where it says internal controls will be reviewed and approved by the finance
committee which deletes the Commission. Attorney Kruppenbacher said I am recommending a
change to that to be they shall be reviewed and approved by the finance committee and recommended
for final approval by the City Commission.
Attorney Kruppenbacher said the portfolio and composition and diversification recommended change
is to have that cover your invested and operating surplus funds which is the technical way that should
read.
Attorney Kruppenbacher said that covers the changes based upon what is provided. For everybody's
benefit this is just passed by the Florida Legislature and it's purpose is to avoid what occurred in
Regular Meeting City Commission
September 11, 1995
94-95-29
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Orange County, CA, where there were a ton of investments and the public body didn't realize what
was going on and then it collapsed. I would like to ask the Commission to authorize for first reading
the ordinance and have it approved for second reading subject to the changes that have been covered
and then at the second reading, I think given the nature of this issue, if any of you identify changes
that you need made at that time, we will make those changes and adopt it at that meeting.
Mayor Bush said so you are recommending that the Commission consider the first reading of the
ordinance that you passed out regarding the investment. (ordinance number 599)
Motion was made by Commissioner Conniff to read Ord.599 for first reading. Seconded by
Commissioner Gennell. Discussion. Commissioner Ferring asked when is it anticipated that the
Commission will get the revised copy of the investment policy. Attorney Kruppenbacher said by the
end of this week; Mr. Lentz will call me to tell me ifhe saw anything financially and my comments
will be revised and put in tomorrow so there is no reason you shouldn't have it by Friday. Vote:
Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner
Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord.
599 in it's entirety, and stated the second reading will be Sept. 25, 1995.
Commission Seat I - Larry Conniff:
No report.
Mayor's Office - John F. Bush:
Mayor Bush commended the City Manager for the memo he put out on Aug. 29, 1995, regarding the
hurricane; this was an excellent report and he pointed out the way the City was prepared and pointed
out what need to be taken care of in the future. I have asked the Clerk to give this to the Sentinel
hopefully they will look at this and I would like to see it go to the Winter Springs Bulletin; it really
informs the citizens of the City's preparedness and also identifies problems that the City is taking steps
to take care of in the future.
Mayor Bush read a letter that the Commission asked him to write to the Seminole County
Commission in opposition to the privatization of the landfill. Discussion. Commissioner Ferring said
that the Commission did not agree to say we would re-evaluate the privatization. Mayor Bush said
he would re write the ending of the letter.
Mayor Bush also mentioned that after reading the Code Enforcement Bd. minutes, he said pointed
out some things to the Commission examples of the inadequacies of our Code Enforcement process.
Mayor Bush said right now the Code Enforcement Board meets every other month and thinks this
needs to be looked at and feels that they should meet every month. He feels that the Commission
needs to look at how long it takes to enforce a code and feels that the Commission can improve this.
Discussion.
Mayor Bush mentioned that he was a little distraught to see that Time Warner is raising their rates
agalO.
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September 11, 1995
94-95-29
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Mayor Bush said a letter was received by the City from a Mr. John Kleja regarding an exception to
bring more than two dogs. Manager Govoruhk said he was in the process of writing a letter to send
to Mr. Kleja to come before the Commission because we don't know when he is going to bring in the
dogs and how long they will be there and how will they be kept.
Attorney Kruppenbacher said that before he got ill the City had a proposed settlement of a law suit
involving an insurance company and the matter has been settled; the Manager simply needs to
administratively execute the releases. We have been released of all liability, they have been released
subject to the Manager and it's a technical thing that our carrier have to obtain execution on. I have
advised the Manager to go ahead and execute the settlement.
City Manager - John Govoruhk - Reports:
Manager Govoruhk stated we are in the process with the School Board to renew our contract on the
Resource Officer Contract on the upcoming term.
Manager Govoruhk also stated that he and the City Clerk working on a process of notifying Board
members as to when their term expires.
Manager Govoruhk said he has gotten with Casselberry on the IceTee funding grants; our General
Services Dept., Planner and Land Development are all working that.
Manager Govoruhk said the deannexation/annexation with the City of Casselberry will be on the next
meetings agenda.
Manger Govoruhk said regarding the notice on the utility bills, Mr. Martin has explained to
Commissioner Gennell that the information was received too late as the water bills had already gone
out on one side of the City.
Manager Govoruhk stated that he has a letter going to all Dept. Heads regarding the Code
Enforcement, asking them to check everything in the Code and make any suggestions and
recommendations on any ordinance that has to be changed and bring it back so it can go to the City
Attorney and Commission.
Commission Seat III - John Langellotti:
Commissioner Langellotti asked the Attorney ifhe received any information from the Florida League
Convention on personal property/private property rights. Attorney Kruppenbacher said no.
Commissioner Langellotti said he will give the paper work to the Clerk and she will make copies to
distribute to the Mayor and Commission.
Commissioner Langellotti asked what can be done about putting a full stop sign on Winter Springs
Blvd. at the entrance of Country Club Village and Tusca Oaks. Commissioner Langellotti stated that
he has been hearing a lot of complaints and also had his car hit in the back. It would really slow down
the traffic on that section.
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 16
Commissioner Langellotti asked if the Fire Chiefhas been working on the ambulance service that has
been going on and it he has can the Fire Chief give us some input.
Fire Chief Tim Lallathin, stated that basically what we are doing is looking at all the information and
studying the material that has been presented to see if it is feasible for city and County Fire Depts.
to provide emergency transport to the hospital. One big issue is not raising taxes and not increasing
the cost to the citizens that they currently pay now for that service. Discussion.
Commission Seat IV - Cindy Gennell:
Commissioner Gennell asked Attorney Kruppenbacher if Attorney Lang asked him about her question
about visioning and was there a provision in the settlement agreement for a PUD in the commercial
area there to handle underground utilities and asked for a copy of that at the next meeting. Attorney
Kruppenbacher said we are having our outside consultant check on that and is waiting for his
response on that.
Commissioner Gennell said at the last meeting there were at least three of the Commissioners who
were interested in taking a bus and go around to look at sites like Commissioner Langellotti
recommended and it didn't get brought up and I think if we are going to do it we need to do it and
ifwe are not going to do it then we need to decide not to do it, but let's settle it. Discussion. Mayor
Bush stated that he spoke with Attorney Lang after the meeting informally, and said that Attorney
Kruppenbacher needs to get a hold of Mr. Lang so he (Kruppenbacher)can give a report to the
Commission on how tins can be done and what has to be done and then the Commission can decide
whether or not they want to do it. Attorney Kruppenbacher said you would have to rent a bus, you
would have to notice the public and make it open and accessible. Discussion.
Motion was made by Commissioner Gennell to secure a vehicle and establish a date and time and a
route to look at some of the improved areas that we might like to consider patterning some of the
things for our visioning for our 434 corridor. Seconded by Commissioner McLeod. Discussion.
Commissioner Ferring said this is nothing but a dog and pony show and thinks that the Commission
is all adult people and if we want to go around the town and look at improved properties that we have
every right to do it on our own personal guidance, we don't have to get a caravan or expand
taxpayers money to do this and disagrees with it. Commissioner Conniff said he doesn't think it is
logistically wise unless we have a five tier bus. Vote: Commissioner Conniff: nay; Commissioner
Ferring: nay; Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod:
aye. Motion fails.
Commissioner Gennell stated that she accepted a plaque from the Seminole County School Board
in appreciation to the City of Winter Springs as a partner in excellence with the School Board.
Commission Seat V - David McLeod:
Commissioner McLeod said regarding the corridor visioning, he has been going out on his own
looking and taking photographs and when he completes what he is doing, his intentions are to have
several duplicates made to be able to give each Commissioner , Mayor and City Manager and a
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 17
couple extra copies for Staff in some of the things that he as a Commissioner finds tasteful for the
City. On the other hand areas that are enlightening that other communities are doing.
Mayor Bush stated he has "penned" a last paragraph for the letter to the County Commission on the
privatization of the landfill and read it to the Commission. The Commission was in agreement to sent
the letter with the revision.
Commission Seat II - John Ferring:
Commissioner Ferring said he would like to know what the Commission's opinion is on whether or
not the City should fluoridate their water. Many other Cities throughout the Country fluoridate their
water for prevention for cavity decay in young children and adults and for some reason it's hasn't been
addressed by our City and would like to know whether or not we can have the Utility Director look
into the pro's and con's of it. Discussion. It was the consensus of the Commission to have the City
Manger look into that.
Commissioner Ferring said it has come to his attention that there is a City Commissioner that has been
attending County Workshops and getting up at those County Workshops and giving opinions that
have not been under the guidance of this Commission in any respect. We have a policy and we set
forth policies that anybody that goes out ant speaks for this City does so with the advise and consent
of this City Commission and for anybody to start doing things on their own and representing
themselves whether it be aka as a private citizen or as a Commissioner; you are still a Commissioner
in this City and I would hope that this comes to an end. Nobody on this commission has got the right
to speak for this City unless they are authorized to do so by the rest of this Commission and to do
it is in direct conflict and can be held accountable for it. I know the Commissioner knows who I'm
talking about and I just want to see it end once and for all.
Commissioner Gennell stated this is not the Kremlin, it's not Bosenia, this is not Cuba, those are
public meetings and these are public meetings and I have every right to be anywhere I want, I do not
stand up and represent this City unless I'm so delegated and I am free to attend them and I will attend
them and I won't tolerate being intimidated and blue collar union tactics and everything else used up
here. I think it's an offense to this Commission.
Commissioner Ferring said this is a very important point and I'm going to ask the City Attorney,
we've got written reports Ms. Gennell, and I've got reports from people in the County that you are
going out there and expressing opinions regarding things that have to come before this City body,
now whether you call it blue collar union or communism or whatever you want to call it the point of
the matter is that you do not represent this City unless we advise you to represent this City and if you
want to do it then I'm going to be pressing charges against you for illegal procedures, and if you think
it's funny you'll see how funny it is and there are written reports to document it.
Mayor Bush said there is a gentleman in the audience who was not able to make it here for the public
input; he has a problem with his water bill, he has attempted to work this out with the City Manager
and Finance Director and he has asked that he come before the Commission and I know Public Input
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 18
is over but I would like to ask the Commission's ability to let him speak. It was the consensus of the
Commission to let the resident speak.
Mr. Manuel Ayala, 611 Huntley Lane, spoke to the Commission regarding a problem with his water
bill. Discussion. It was determined that Mr. Ayala would pay $150.00 construction deposit so he can
have water service at 611 Huntley Lane during construction. It was also determined that the City
Manager will bring back at the next meeting supporting documentation regarding this situation. Mr.
Ayala will also bring in documentation.
Attorney Kruppenbacher said this is a serious matter given what he heard raised tonight, and he has
said this to the Commission before and will say it again because he doesn't want to be sitting here
down the road with complaints with outside agencies or complaints to me or to the Commission, 1)
none of you nor myself nor the City Manager is authorized to represent this City regarding any matter
to the outside unless this Commission approves it. Now the Staff meaning the Manager, myself etc.,
we work within parameters you've preapproved that we know, you as Commissioners have got to
avoid the appearance of impropriety and to that if there is this confusion being generated I would urge
the Commissioner who is going to continue to voice her opinions to articulate at the up front of any
meeting "I am not here as a spokesman for the City of Winter Springs Florida, I am not authorized
on behalf to represent the City of Winter Springs Florida" that way there can't be any confusion from
the people receiving the comments that they are City comments.
Commissioner Ferring said whether you get up and speak as a private citizen or as a City
Commissioner, you are still a City Commissioner, when you are speaking about issues that will come
before this Commission for a vote, you can't speak as a private citizen; now if you are telling me that
you can do that, you can speak as a private citizen and then come around and vote on that issue, then
there is something very wrong here.
Attorney Kruppenbacher said he will speak to the Commission more at the next meeting on this issue,
in the mean time between now and the next meeting to forgo putting themselves in the position during
this period of time from even having this issue raised and at the next meeting under my seat we will
get this concluded once and for all so that there can't be any confusion.
Mayor Bush stated he is planning to go to the County Commission meeting tomorrow night regarding
the Oviedo Crossings Mall to listen to what is going to go on but I do not plan to speak.
The meeting adjourned at 10: 10 p.m.
Respectfully Submitted,
~~.~
Margo M. Hopkins,
City Clerk
APPROVED:
~~~R
REGULAR MEETING
CITY COMMISSION
SEPTEMBER 11, 1995
The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:35
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
Mayor Bush asked for the invocation Mayor Bush asked for a moment of silent prayer.
Approval of Minutes of August 28. 1995:
Mayor Bush asked ifthere were any corrections or additions to the minutes of the August 28, 1995
meeting.
Commissioner Gennell mentioned that she thinks there is a small part missing but is not sure if it was
mentioned at the workshop (held before the regular meeting) or at the regular meeting and that she
feels it is critical regarding when she asked Mr. McIntosh specifically is it his representation that his
clients will continue to work with the rails to trails alliance and the cross Florida trail people and Mr.
McIntosh said yes it is. That is not in the minutes of the Regular Meeting of Aug. 28, 1995. I want
it reflected in one set of minutes, where ever it belongs. Discussion. I would suggest if the Clerk
finds it on the tape, that it is in fact on the tape of the minutes of the regular meeting then the Clerk
amend the minutes to reflect that. Mayor Bush asked for a motion to approve the minutes as
amended.
Motion was made by Commissioner Conniff to approve the minutes of the Regular Meeting of
August 28, 1995 as amended. Seconded by Commissioner Gennell. Vote: Commissioner Conniff:
aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye;
Commissioner McLeod: aye. Motion passes.
PUBLIC INPUT
Gene Lein, 1173 Wmged Foot Circle, President of Country Club Village Homeowners Assoc., spoke
on behalf of the members and officers of the Homeowners Assoc., thanked the City Manager, City
Attorney and the Commissioners involved and Staff; for helping to put together the Country Club
Village Streetlight Maintenance District.
Mayor Bush said before he gets to the General Agenda he would like to bring up one thing he was
going to bring up under his seat and that is the Code Enforcement appointment he had - Mr. George
Colombo, and the discussion the Commission had with the fact that some of the Board Members such
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 2
as Lurene Lyzen were not notified about their term expiring. Mr. Colombo very graciously agreed
to resign from the Board, he (Mr. Colombo) has talked with Ms. Lyzen and I have talked with Mr.
Colombo a couple of times, before and after, and at this time I would like to nominate Ms. Lurene
Lyzen to the Code Enforcement Board.
Motion was made by Commissioner Ferring to place this on the agenda. 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 nominated Ms. Lurene Lyzen to the Code Enforcement Board. Seconded by
Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell:
aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion
passes.
Commissioner Conniff stated that he has a letter of resignation from Sherylin Hill, he had
recommended that she be placed on the Planning and Zoning Board and for professional reasons she
tendered her resignation and he regretfully accepts her resignation. At this time I would like to ask
the City Attorney if it is possible he appoint to his Planning and Zoning position out of his district.
Discussion. Attorney Kruppenbacher said to make the nomination subject to it being legally
approved. Commissioner Ferring said any Commissioner can appoint any resident of the City of
Winter Springs to any Board and he doesn't know of any limitation of other than the geographic
limitation placed on the Commissioners; you do not have to appoint somebody that is in your
geographic district, that is the only prohibition we have in this City.
Motion was made by Commissioner Conniff to place on the agenda the appointment to fill the
vacancy on the Planning and Zoning Bd. Seconded by Commissioner Ferring. Discussion. Attorney
Kruppenbacher stated that is subject ofit being politically correct. Vote: Commissioner McLeod:
aye~ Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye;
Commissioner Gennell: aye. Motion passes.
Motion was made by Commissioner Conniff to appoint David Hopkins to the Planning and Zoning
Board. Seconded by Commissioner Ferring. Discussion. Commissioner McLeod stated that Mr.
Hopkins is presently setting on one of the other Boards and as he (Comm. McLeod) understands Mr.
Hopkins is willing to resign from that Board and that Board is the Code Enforcement Board. Vote:
Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye~
Commissioner Gennell: aye~ Commissioner McLeod: aye. Motion passes.
Commissioner Ferring said with Mr. Hopkins resigning from the Code Enforcement Board that leaves
a vacancy on the Code Enforcement Bd., and I understand that Mr. Bob Gray was interested in
staying on that Board and therefore I would like to make a motion to put on the agenda appointment
to the Code Enforcement Bd. Seconded by Commissioner Conniff. Discussion. Vote:
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 3
Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye;
Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes.
Motion was made by Commissioner Ferring to nominate Mr. Robert Gray to the Code Enforcement
Bd. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye;
Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye;
Commissioner Conniff: aye. Motion passes.
Attorney Kruppenbacher stated for the record he has looked at the Code and there is no prohibition
on the appointment of the Zoning Board; however there is a Board that does require the appointment
from Districts.
GENERAL AGENDA
Resolution No. 768 - Expressing appreciation to Gene Prestera for his service on the Code
Enforcement Board:
Mayor Bush read Resolution No. 768 in it's entirety.
Resolution No. 769 - Expressing appreciation to Terry Meta for her service on the Beautification of
Winter Springs Board (BOWS):
Mayor Bush read Resolution No. 769 in it's entirety.
Mayor Bush stated for all the citizens who serve on the City Boards and who give their time and
efforts to make the City better, these Resolutions are a very small token of the appreciation of the
Commission as well as the citizens of the City because many times their efforts go unnoticed by the
majority of the population but the Commission knows the good work they have done and we certainly
appreciate it and we hope the citizens of the City also appreciates it and I would like to ask the City
Manager to see that these Resolutions are passed onto the Editor of the Winter Springs Bulletin so
they can be noted in the next edition; they should be noted of the individuals of the good work they
have done.
Motion was made by Commissioner Gennell to approve Resolutions Nos. 768 and 769. Seconded
by Commissioner McLeod. Discussion. Vote: Commission Gennell: aye; Commissioner Ferring;
aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye.
Motion passes.
Public Hearing for 1995-1996 Fiscal Year Tentative Budget 1. Ad Valorem Millage - Discussion;
a)Recompute and announce Tentative Millage Rate~ b) Adopt Tentative Millage Rate:
Mayor Bush closed the Regular Meeting and opened the Public Hearing. Mayor Bush asked if there
was anyone present who wishes to speak regarding the Fiscal Year 1995-1996 Budget. There was
no one present who wished to speak regarding the Fiscal Year 1995-1996 Budget.
Commissioner Gennell asked if the inventory for this year has been completed. Manager Govoruhk
said the inventory has been completed and a check is being made on the items that have been
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 4
transferred. Commissioner Gennell asked if it will be reconciled this year as the City Charter says.
Manager Govoruhk said yes.
Commissioner Gennell said regarding the Capital Improvements on the Parks Dept., I had asked the
City Manager on a couple occasions to bring forth some suggestions for reapportioning the expenses
between the East and West sides of the City. Because the Budget is $182,450.00 for Capital
Improvements for Recreation Department, in the Central WindslWinding Hollow area $41,400.00
is allocated between Central Winds Park and engineering and things for Winding Hollow. On the East
side of the City, which a majority of it is in the Tuscawilla area, it's $113,050.00; on the rest of the
City, the West side it's $14,000.00; I think that it is not very equitable, I have brought it up in the
workshops and here at this meeting once before and I don't think that that is a fair appropriation of
Recreation Funds. I'm not suggesting for a moment not to do what we are doing in Tuscawilla but
I am suggesting at the least that maybe we can postpone some of the things that are being done in
Winding Hollow since nobody lives there right now. I think that since we represent all the citizens
in the City that I think that we should more fairly appropriate the Recreation Funds.
Commissioner McLeod said he believes that two years from now, there is somewhere around a
quarter of a million dollars allocated to the West side of the City; I think that was brought out, I think
we have a five year plan that shows this year the West side doesn't necessarily have a lot of monies
being expended but the Parks and Recreation Director felt the attention needed to be given to present
pieces that he had on the East side and the West side would be addressed two years from now with
major funding compared to other parts of the City. I think at the workshop we had on the budget it
was pretty well agreed upon by the Commissioners with the City Manager that we accepted that five
year plan at present time. Discussion.
Commissioner Ferring said this year, is the first year under the guidance of the City Manager that we
have in place a five year growth plan; almost all Depts. with the exception of a few have put forth a
five year growth plan and I think we went into a good discussion on this when we set the millage rate
on July 24, 1995 and I want to take this time to complement the City Manager and his Staff and the
Finance Director who grudgingly saw the light on what we were trying to do as far as maintaining
the quality of service for the residents of this City but at the same time cutting to the "bone" areas that
we could cut, thereby reducing the taxes in the City to the residents. I want to go on record in
complementing the City Manager and his Staff for the work they have done on this budget.
Mayor Bush said this issue has come up more than once and Commissioner Gennell has brought this
up about the Parks; the plan that was submitted to the Commission at budget time, as far as I have
determined, the Commission as a group has agreed with that and by approving the budget they have
agreed with the plan and there has been no motions made to the contrary that would lead me to
believe otherwise. Unless there is a Commissioner who wants to make a motion on this, and the
Commission considers a vote, I think the plan stands as presented by the City Manager.
Commissioner McLeod asked the City Manager and the Parks Director - do you still feel that your
five year plan is an adequate plan for what we are doing with Parks and Recreation as it stands today.
Regular Meeting City Commission
September 11, 1995
94-95-29
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Manager Govoruhk referred that to the Parks and Recreation Director before he gives his comments.
Don Wilson, Parks and Recreation Director, said in order to give the Commission a background
about how he went about he put together the five year plan - he did not look at the City as district
for district, had he been given those directions he would have; what he was looking at when he put
the five year program together was year by year how he could phase out all the improvements needed
where it would be adequate and possibly feasible to fund it. The first priority he has was safety, the
second was drainage plans; the first year we are refurbishing some tennis courts- safety factors again,
if we wait another year it will cost a lot more money to retain the existing courts especially at
Sunshine Park. Relocation of one tennis court in another area; most of it is to get us in the situation
where we can build something that will be there for years to come; we won't have flooding on the
property. Also bring items up to OSHA standards for safety, that is the approach and philosophy I
took, I think you are only looking at one year, I'm not saying that there is not more parks needed
down the road but I was trying to address the immediate concerns, bring ourselves up shoulder level
where we should be as far as conditions of the parks.
Commissioner Langellotti asked if the residents over by Sunshine Park using the tennis courts. Mr.
Wilson said he has seen residents use the courts, he has had complaints on why some residents will
not use them.
Manager Govoruhk said one thing Commissioner Gennell brought up regarding Winding Hollow, the
only thing we are looking at this year is to come up with a plan for the next four or five years
thereafter, the property owner has donated $20,000 towards that, so we are actually using the
property owner donation for the next two years before we get into the General Fund, which will be
the third year if nothing comes up to start into Winding Hollow. Hopefully between now and two
years from now this whole plan will change because now we are looking at possibly annexations and
the other property to possibly get between 75 acres to 250 acres for additional parks and recreation
in the next two years minimum, so the whole five year plan may change.
Commissioner Gennell said she is not going to stop raising this issue until she gets somebody's
attention, it may not be in this budget but it will be in the next one and I apologize to anybody that
is offended for calling it East and West. In that area as you well know it is our less advantaged side
of town, there are not a lot of privileged children over there, we have the most over crowded
Elementary School in the entire County on that side of town. Now we don't even have a summer
youth program anymore, we don't have anybody providing anything and this $14, 000.00 is a pittance
to our less advantaged citizens and I do not begrudge Tuscawilla if they need it I say do it; but I'm
saying it's not equitable, that is just where I stand on it. Mayor Bush said for a point of clarification
he believes the most over crowded school is Rainbow Elementary now.
Commissioner McLeod said he doesn't know ifhis question has been answered by the City Manager -
Is the City Manager presently supporting the five year budget plan. Manager Govoruhk said yes he
is and remember one thing, this is this year's budget, next year you will have a whole new budget for
approval. Commissioner McLeod said to the City Manager is he supporting the five year plan on the
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 6
Parks as it is. Manager Govoruhk said yes.
Commissioner Ferring said for anybody's information the millage rate that we will be setting tonight
is 3.7023.
Mayor Bush asked Harry Martin the Finance Director said the millage rate as it stands right now
unless the Commission changes it is 3.7023.
Motion was made by Commissioner Ferring to announce the Tentative Millage Rate for the City of
Winter Springs of 3.7023. Seconded by Commissioner Langellotti. Discussion. Vote:
Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye;
Commissioner McLeod: aye. Motion passes.
Motion was made by Commissioner Ferring to adopt the Tentative Millage Rate of3.7023 for the
upcoming fiscal year. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner
McLeod: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye;
Commissioner Langellotti: aye. Motion passes.
Mayor Bush said agenda item D will be pulled from the agenda as the Manager and Attorney are still
working on revisions and will be on the next regular scheduled meeting agenda.
Approval/Disapproval of HMO to fully fund cost differential of Florida Municipal Major Medical
coverage:
Manger Govoruhk said Mr. John Ketteringham, General Services Director will cover this item.
Mayor Bush said he read the information and what is the total amount of dollars are effected here that
the Commission will either approve or disapprove.
Mr. Ketteringham said there are 15 participants is $39.22 which is a cost differential XiS 50 if$588.30
per month. So for whatever months it takes us to award a new contract and we are estimating it will
take us about four months so you are looking at $2,353.23 for the cost differential between the HMO
and the modified PPO which would allow the 15 participants to keep their current physicians.
Commissioner Ferring are all these participants electing to pay the difference between what is costing
for the rest of the workers in the City and their plan. Mr. Ketteringham said there are only two that
are willing to pay the differential between the current Florida Municipal Health Plan, which is
considerably higher than the modified PPO that we got the quotes from A vMed on, there are only
two participants that are willing to pay the differential themselves. So what we did is go out and
Florida Municipal wouldn't cover those two participants, so what we did we asked AvMed to come
up with a comparable PPO that will allow these participants to use their current physicians. They
came back with a cost differential with the current HMO and the modified PPO of $39.22 per month.
Commissioner Ferring said then we still have a dual plan then and the intention of this Commission
was that we were going to have one standard plan for all the employees in this City and I don't know
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 7
why we deviated away from that. Mr. Ketteringham said the reasons are that there was one particular
case in point in the Fire Dept. where one person had family coverage in the FMHTF that he had to
have those physicians and we tried to work around that for the balance from October 1 st, which is
when the current plan expires and the time that we actually award a new contract and we estimate
that to be somewhere around the first of the year, that is basically what we are trying to do.
Discussion. Mr. Ketteringham said the total allotment for the health insurance was $349,087.00 and
the current cost per employee for HMO is $1,813.00 per year and the current cost per employee for
FMHTF is $3,839.00 per year and there wasn't any action taken during the workshops for the budget.
There is quite a bit of differential between the two and we were trying to stay within the budget
guidelines of $349,087.
Commissioner Ferring said to the City Manager that he thought the Commission made it very clear
that we wanted to get down to one health plan and if there were going to be any others that were
going to be brought forth that we would have to discuss that in an ensuing budget year. Manager
Govoruhk said during the workshop we have two and the comments that were made during the
workshop that if the employees wanted they would have to pay the difference. We have two
employees that want to do that and what we are trying to do for the next three or four months to give
those employees the option for that short time and that is why we are asking guidance from the
Commission do we do it or don't we do it. We are going out for RFP's and that should be done
within the next three or four months. Ifwe don't do it then those two employees will be left out until
we go out for a new insurance and come back because it might not be the HMO or FMHTF, we don't
know who it will be with, we will have a whole new insurance program within the next four or five
months. Commissioner Ferring said there has been a gross inequity through the years in this City
regarding the health plans and when we were in discussion as to where we felt that we could reduce
the budgets in this City, that was specifically mentioned that we would go to a single health plan for
all employees and if the employees want to take their own health plan they would have the option to
do so and pay the difference from what we are paying for everyone else in the City to what they want.
I don't know why there is any confusion on that and where we went astray on this.
Commissioner Conniff said to Mr. Ketteringham that he said something about the family in the Fire
Dept. that this person needs to keep this certain plan, is there a physical problem. Mr. Ketteringham
said yes, they have to have these particular physicians and FMHTF will not continue the plan for two
participants, they have 15 participants now so they just would not continue it. So we tried to
accommodate that particular family by going to A vMed and get the PPO from them to allow this
particular family to keep their current physicians to continue on their health coverage for whatever
period of time it takes us to award a new health and life insurance. Discussion. Mr. Ketteringham
said this family could keep their current physicians at the differential of $39.22.
Commissioner Langellotti asked if AvMed was the only plan that was approached on this. Mr.
Ketteringham said yes because we are working with AvMed on the HMO now and they are covering
the HMO and we are not trying to award brand new insurance at this point, we are going out with
an RFP to do that and we had asked AvMed since FMHTF would not cover for just two participants
and asked A vMed what they could do for us and they came back with this proposal; they are basically
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 8
just modifying their current contract allowing it to extend beyond Oct. 1 for the balance of the time
period and we are trying to put a "patch" in place basically. Discussion.
Commissioner Langellotti suggested that the City has it in writing to cover the two employees so as
not to leave them out on a "wing"
Commissioner McLeod said so what you are asking us is to approve for basically of four months an
expenditure of about $2,000 to continue coverage for particular families that want to continue this
until they can find alternate coverage. Manager Govoruhk said that is correct. Commissioner
McLeod said while you are looking for insurances to pick up your group, there should be something
that is known as no gain/no loss; in other words they want to pick your people up within the City then
the insurance carrier cannot say they won't take an individual for "X" reason. Discussion.
Mayor Bush said in light of Commissioner Ferring's point, is there some reason that we haven't
already contracted with a new provider at this point, why do we have this four month opening?
Manager Govoruhk said the RFP's were sent to the Attorney, which we just got the "ok" back from
the City Attorney that we are ready to go out. We are going out for RFP's on liability, worker's
compo and health, life and disability insurance; also on the property causality insurance, by the time
we get them out and give thirty days to get them back and then go through them and have Staff come
up with the top three or five to give to the Commission, then the Commission does their interviewing
and make their final decision we have looked at approximately three to four months to get it all done.
Attorney Kruppenbacher said it is not a simplified process, these people have been working hard to
get detailed bid specs, to come up with documents working with industry such that when we finally
go out for bid you are going to get the best response as possible. Mayor Bush asked if the proposals
that are being prepared do in fact encompass the Commission's wishes that Commissioner Ferring was
pointing out. Attorney Kruppenbacher said yes, we are four months away from achieving your
objective. Discussion. Commissioner Langellotti said to Mr. Ketteringham to make sure he asks
about guaranteed issue, this means that any company can take the whole group in regardless of any
health problems.
Motion was made by Commissioner Langellotti to approve the funding of the HMO cost differential
for four months. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff:
aye~ Commissioner Ferring: aye; Commissioner Langellotti: aye~ Commissioner Gennell: aye~
Commissioner McLeod: aye. Motion passes.
ApprovaVDisapproval of Cable TV audit of Franchise agreements:
Mayor Bush said we have a letter from Attorney Lang to the City Manager where he recommends
that we periodically audit their records to determine whether or not we are being paid what we are
owed.
Commissioner Gennell asked if this is anticipated to be on a contingency basis of on a fee basis.
Regular Meeting City Commission
September 11, 1995
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Page 9
Attorney Kruppenbacher said the Cities of Sanford and Longwood got into the contingency fee basis
and both Cities will tell you that they ended up in the middle of a "war zone". Because you had a real
fight, Sanford ended up being sued by the people who did the audit claiming that on the power
company alone they owed them something like 70 thousand and ended up settling for 20 thousand;
my recommendation is you don't do any audit in this City on a contingency fee basis; you pay people
that professionally do this service. Commissioner Gennell said the reason she brought this up is she
understands that both phone companies are refusing to let people into their facilities who are
conducting the audits on a contingency basis. Attorney Kruppenbacher said he thinks the City ought
to look at doing in future franchises is providing if our audits demonstrate there has been a failure to
pay properly that is the result of the franchisees failure that they have to pay for the audit.
Mayor Bush said this agenda item is really approval or disapproval of the concept of doing the audit
and I think the Manager can come back to the Commission with a recommendation of what kind etc.,
Motion was made by Commissioner Ferring to approve the processing of the audit of the Cable TV
and franchising agreements for all of our franchisees on a continued basis. Seconded by
Commissioner Langellotti. Discussion. Commissioner McLeod said he thought the Commission
discussed this before, it became clear that audits had been done before but normally ended up that the
audit cost more than the revenues that came back from them, they are also audited by several other
agencies that audit the franchise agreements themselves and they are under government guidelines;
why do we want to spend money again to audit the audits unless we sit here as a Commission and
know in our hearts and feel that there is monies that is not being paid to us, our own City Staffhas
told us they felt the audits were adequate. My question is why are we going to audit these people
at this time. Mayor Bush said to answer your question, it was Mr. Lang's recommendation to the
Manager where he recommends a periodic audit, he didn't say how often or when .
Commissioner F erring said in response to that, if you go back on your paper work you will see the
documentation that was put forth showed that several audits of various Cities turned up a tremendous
amount of monies for that City in respect to what it cost for the audit. I think I gave you
documentation where it costs the City of Orlando $8,000 for an audit and they wound up with a
surplus of over $70,000 on that one audit. Not to discriminate against one franchisee, it was
recommended by the Attorney's that we do it on a regular basis to the franchisees that we do have
in this City, one each year. Our regular audit procedure does not cover that particular area. It is just
good business sense to do.
Commissioner Gennell stated that she thinks it is a good idea to do, she hasn't heard of any Cities that
were disappointed in doing it, but a lot of them did it on contingency basis so there is a question
there, I could see us doing it on a rotating one per year and maybe reevaluate it after a certain time
but it is also appropriate where we are coming up to renew some of these franchises to know where
we stand. The only one that is going to have a vested interest in reviewing their franchise fees is
someone who we appoint to that task. Some of the really big Cities have taken training for their own
employees to go in and do it as part of their standard procedures, that is how critical they see it.
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 10
Commissioner Conniff said he likes the idea of having some of our people do the audits, I don't think
we need to do it on an annual basis, if we suspect anything we always have the power to subpoena
and take them to court and let them prove they haven't.
Attorney Kruppenbacher said to point out one thing to have the Manager check into is that he thinks
the City of Maitland that paid Orlando auditors, their City auditors on Staff, to do audits for them,
you may be able to buy it by looking at some of the governments who have huge auditing
departments and find out if they would let you contact them.
Mayor Bush said the Manger will come back with recommendations on auditing.
Vote: Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Conniff: aye;
Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes.
Proposed Pubic safety Complex - Commission authorization to increase Architectural Professional
Fee for addition of Add Alternate to existing contract:
Manager Govoruhk said the Commission has a letter asking for authorization to go out for the
$12,495.00. This will be a shell ofan additional building, it will allow the City to receive a price for
construction at this time so we can see if we have enough bond money to build it at this time.
Mayor Bush asked if this would save the City money in the long run. Manager Govoruhk said yes
it will and we hope we would be able to build the whole thing if we go out this way.
Commissioner McLeod said what we are looking at as we are going through this is we continuing
to have talks with the architect and continue to try and take the "fluff" out of this building, and in
doing that we hope to find perhaps we can build the building we are wanting plus the additional three
thousand feet to the building that would be the future building (that is about four years down the
road) as a shell at the present time. That would save the City taxpayers quite a bit of money down
the road from having to go back and tear up landscape, the yard, and everything else and have a
general construction site at the Police Station and we are talking to the architect about the very basics
to provide in that shell at this time. What we are looking as is the possibility at this time the complete
shell of the building could be built similar to how malls and shopping centers are built and at a later
date go in and finish the inside.
Commissioner Gennell asked if the $12,495 will come out of the bond money or out of the general
fund. Manager Govoruhk said out of the bond money, the money that has been set aside for the
complex.
Commissioner Conniff said basically it is pay now or pay more later. Commissioner McLeod said that
is basically what it is, if we can build it today under the overall contract with all contractors as it is
being built we should get a better price per square foot on the overall building. This is where some
of our savings would come in; we would not have a floor in this building, we would basically have
a shell up. Discussion.
Regular Meeting City Commission
September 11, 1995
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Page 11
Motion was made by Commissioner Conniff to approve the expenditure of $12,495 for the
professional fees. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner
Ferring: nay; Commissioner Conniff; aye~ Commissioner Langellotti: aye; Commissioner McLeod:
aye; Commissioner Gennell: aye. Motion passes.
City Attorney - Frank Kruppenbacher - Reports:
Attorney Kruppenbacher gave the Mayor and Commission an ordinance and stated that he would like
to have this put on the agenda, the ordinance deals with the City investment policy and this needs to
be on the agenda tonight in order to comply with our law. You were given in your packets the
investment policy.
Motion was made by Commissioner Gennell to place on the agenda the discussion of the investment
policy and investment policy ordinance. Seconded by Commissioner Conniff. Discussion. Vote:
Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye~
Commissioner Gennell: aye~ Commissioner McLeod: aye. Motion passes.
Attorney Kruppenbacher stated that the Commission has in their packet the actual investment policy
which is referred to as exhibit "A" to this ordinance. It is attached to the memo of August 29, 1995,
from the City Manager to me regarding this issue.
Attorney Kruppenbacher went over with the Commission the changes proposed in the policy and put
this on for first reading and then deal with it again for second reading at the September 25, 1995
meeting. Attorney Kruppenbacher went on to his next item while the Clerk made copies of the
investment policy.
Attorney Kruppenbacher stated the question that Mr. Lang posed to him~ on the outset incase there
is any issues or concerns that I do employment work for the City of Casselberry and asked the
Commission if they had a problem regarding the fact that he represents the City of Casselberry in
employment matters with my giving an opinion on this matter. Commissioner Ferring said he had a
problem with that. Mayor Bush asked if any other Commissioner had a problem with that. No other
Commissioner stated they had a problem Commissioner Ferring said he thinks it is a conflict.
Attorney Kruppenbacher said with his ethical background all it takes is one and this will be put on
the next agenda and he will have Mr. Lang available to speak on this issue.
Commissioner Ferring said he doesn't know if anybody recently read in the Orlando Sentinel
regarding the City of Casselberry's annexation policies. They seem to have quite an appetite for
annexation on their own and they are right now dueling with the County regarding their annexation
policies. When the City of Casselberry came before us regarding this issue, just food for thought for
this Commission to think about, is that we had asked them whether or not they would consider
straightening out the fiasco on SR 434 where there is a one strip mall there that belongs to the City
of Casselberry and we were told that we (Casselberry) would be glad to do that, only it is illegal that
they can't deannex that, so the City of Winter Springs could annex it in and once and for all we can
have a City line that is contiguous with the rest of our City. At that time I asked Attorney Lang to
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 12
look into the legality of whether or not we would be able to annex in that western portion of the
property that they are saying is illegal. All they want to give us is that little strip on the north side and
I am talking about that southwestern piece that would make everything all contiguous. So far we
haven't got anything on that. Mayor Bush stated that Attorney Kruppenbacher indicated that
Attorney Lang will be at the next meeting. Attorney Kruppenbacher said we haven't gotten anything
because Mr. Lang is not the City Attorney and he gave that request to me and as you know I've
spoken to you before about this publicly and it has not been raised - the conflict. I will have him here
at the next meeting.
Commissioner McLeod said, didn't the City Manager and Mayor of Casselberry address that strip
that they had taken that up with their City Attorney at the time and they weren't able to release that
because it was part of a continuous portion of theirs? Mayor Bush said he thinks we should wait until
the next meeting when Attorney Lang is here.
Investment policy - Attorney Kruppenbacher said the fundamental issue that we have with this policy
is, as drafted and proposed by Finance, it would delegate to the Finance Director of this City and the
City Administrator, basically decisions on how to invest your money. We have to tell you that we
have an issue with that; our theory is your investment policies and how the monies are invested etc.
ought to within a frame work be approved by this Commission. Attorney Kruppenbacher said if that
concept is agreeable to you that you (the Commission) ultimately have control, then we would like
to put in some procedures and have that amended, that you adopt it tonight with that concept, and
have the language that the Commission has the final authority and I believe your Manager
recommends that also.
Attorney Kruppenbacher said we have a "top flight" financial consultant that works with Mr.
Govoruhk, Mr. Lentz and we want to put in some language that those policies or how those
investments will be done in consultation with our consultants, there is no reason not to require that
that be tapped before you get the recommendation.
Commissioner Ferring said for the benefit that are listing to our exchange back and forth, what we
are talking about basically is an investment policy for the City of Winter Springs on the monies that
they have in their accounts and how to properly invest them and into what areas to invest them in and
to set up proper auditing and proper accounting procedures to make sure everything is done under
a controlled atmosphere, so this is basically what we are doing at this point. This is a rough draft of
what we're talking about and it has to be worked on and amended to all of the Commission's
satisfaction as they review it. The only problem is that we are working under a deadline, this has to
be done by State Statute by October 1, 1995 and unfortunately we are at the 11 th hour again.
Attorney Kruppenbacher said on page 2, if you look at the reporting requirements proposed by
Finance, it says "..a monthly report will be submitted to the City Manager by the Finance Director.. "
that report should also go to the Commission, I don't think your Manager wants to be in a position
of getting finance reports, you not getting them and if there is a glitch being held accountable for it.
The Manager and I have talked about it and he agrees the information is critical. On the finance
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 13
committee, the proposal is that there be a semi-annual meeting, we propose that that be at least
quarterly for the funds of the City. On the bank selection, where there be a depository services with
a proposal no less than every five years; five years is a long time, you have already expressed yourself
on the concept of franchises and this kind of runs in conflict with that theory. I don't know why you
would not look at that issue annually if that is what your financial consultants recommend and if there
is a reason not to do it, let me put in here that you have the right to waive that. If your consultants
say you want to do it every two years because there is some financial benefit to do it, I'm sure you
would understand that but to go five years to me you have better control looking at that.
Commissioner Gennell asked the Attorney to define Re-Purchase Agreement. Attorney
Kruppenbacher said it is a very technical banking term and he doesn't know the answer and will find
out between the next meeting.
Mayor Bush said he was wondering if it wouldn't be prudent to have our financial consultant come
and go over this with the Commission. Attorney Kruppenbacher said we will have him here at the
next meeting.
Commissioner Ferring said that Re-Purchase Agreement has to deal with short term investments and
how they are handled and the scope goes quite large and you can read it in the Florida Statutes.
Attorney Kruppenbacher said under Authorized Investments, he will leave it up to Mr. Lentz to tell
us if that is satisfactory or not, we are awaiting that.
Attorney Kruppenbacher said we recommend an expansion of paragraph 8 on page 4, to provide that
one of the investments can be or in such other investments, trust funds, mutual funds, as maybe
legally qualified for municipal investments by Florida Law, basically giving you the right to do
anything that is qualified under Florida Law. Commissioner Ferring said on the money market funds,
do we keep a running list because it says funds rated triple A or double A, G or better by standard
and poors corporation and insured certificate of deposits and timed deposits received as required by
Chapter 280 of the FL Statutes; would you please have him look into that and define that more.
Attorney Kruppenbacher said at the last meeting in September we should have Mr. Lentz and Mr.
Martin here to go through how this works for them. Commissioner Ferring said and on internal
controls on page four where it says internal controls will be reviewed and approved by the finance
committee which deletes the Commission. Attorney Kruppenbacher said I am recommending a
change to that to be they shall be reviewed and approved by the finance committee and recommended
for final approval by the City Commission.
Attorney Kruppenbacher said the portfolio and composition and diversification recommended change
is to have that cover your invested and operating surplus funds which is the technical way that should
read.
Attorney Kruppenbacher said that covers the changes based upon what is provided. For everybody's
benefit this is just passed by the Florida Legislature and it's purpose is to avoid what occurred in
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 14
Orange County, CA, where there were a ton of investments and the public body didn't realize what
was going on and then it collapsed. I would like to ask the Commission to authorize for first reading
the ordinance and have it approved for second reading subject to the changes that have been covered
and then at the second reading, I think given the nature of this issue, if any of you identify changes
that you need made at that time, we will make those changes and adopt it at that meeting.
Mayor Bush said so you are recommending that the Commission consider the first reading of the
ordinance that you passed out regarding the investment. (ordinance number 599)
Motion was made by Commissioner Conniff to read Ord.599 for first reading. Seconded by
Commissioner Gennell. Discussion. Commissioner Ferring asked when is it anticipated that the
Commission will get the revised copy of the investment policy. Attorney Kruppenbacher said by the
end of this week; Mr. Lentz will call me to tell me if he saw anything financially and my comments
will be revised and put in tomorrow so there is no reason you shouldn't have it by Friday. Vote:
Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner
Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord.
599 in it's entirety, and stated the second reading will be Sept. 25, 1995.
Commission Seat I - Larry Conniff:
No report.
Mayor's Office - John F. Bush:
Mayor Bush commended the City Manager for the memo he put out on Aug. 29, 1995, regarding the
hurricane; this was an excellent report and he pointed out the way the City was prepared and pointed
out what need to be taken care of in the future. I have asked the Clerk to give this to the Sentinel
hopefully they will look at this and I would like to see it go to the Winter Springs Bulletin; it really
informs the citizens of the City's preparedness and also identifies problems that the City is taking steps
to take care of in the future.
Mayor Bush read a letter that the Commission asked him to write to the Seminole County
Commission in opposition to the privatization of the landfill. Discussion. Commissioner Ferring said
that the Commission did not agree to say we would re-evaluate the privatization. Mayor Bush said
he would re write the ending of the letter.
Mayor Bush also mentioned that after reading the Code Enforcement Bd. minutes, he said pointed
out some things to the Commission examples of the inadequacies of our Code Enforcement process.
Mayor Bush said right now the Code Enforcement Board meets every other month and thinks this
needs to be looked at and feels that they should meet every month. He feels that the Commission
needs to look at how long it takes to enforce a code and feels that the Commission can improve this.
Discussion.
Mayor Bush mentioned that he was a little distraught to see that Time Warner is raising their rates
agam.
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 15
Mayor Bush said a letter was received by the City from a Mr. John Kleja regarding an exception to
bring more than two dogs. Manager Govoruhk said he was in the process of writing a letter to send
to Mr. Kleja to come before the Commission because we don't know when he is going to bring in the
dogs and how long they will be there and how will they be kept.
Attorney Kruppenbacher said that before he got ill the City had a proposed settlement of a law suit
involving an insurance company and the matter has been settled; the Manager simply needs to
administratively execute the releases. We have been released of all liability, they have been released
subject to the Manager and it's a technical thing that our carrier have to obtain execution on. I have
advised the Manager to go ahead and execute the settlement.
City Manager - John Govoruhk - Reports:
Manager Govoruhk stated we are in the process with the School Board to renew our contract on the
Resource Officer Contract on the upcoming term.
Manager Govoruhk also stated that he and the City Clerk working on a process of notifYing Board
members as to when their term expires.
Manager Govoruhk said he has gotten with Casselberry on the IceTee funding grants; our General
Services Dept., Planner and Land Development are all working that.
Manager Govoruhk said the deannexationlannexation with the City of Casselberry will be on the next
meetings agenda.
Manger Govoruhk said regarding the notice on the utility bills, Mr. Martin has explained to
Commissioner Gennell that the information was received too late as the water bills had already gone
out on one side of the City.
Manager Govoruhk stated that he has a letter going to all Dept. Heads regarding the Code
Enforcement, asking them to check everything in the Code and make any suggestions and
recommendations on any ordinance that has to be changed and bring it back so it can go to the City
Attorney and Commission.
Commission Seat ill - John Langellotti:
Commissioner Langellotti asked the Attorney ifhe received any information from the Florida League
Convention on personal property/private property rights. Attorney Kruppenbacher said no.
Commissioner Langellotti said he will give the paper work to the Clerk and she will make copies to
distribute to the Mayor and Commission.
Commissioner Langellotti asked what can be done about putting a full stop sign on Winter Springs
Blvd. at the entrance of Country Club Village and Tusca Oaks. Commissioner Langellotti stated that
he has been hearing a lot of complaints and also had his car hit in the back. It would really slow down
the traffic on that section.
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 16
Commissioner Langellotti asked if the Fire Chiefhas been working on the ambulance service that has
been going on and it he has can the Fire Chief give us some input.
Fire Chief Tim Lallathin, stated that basically what we are doing is looking at all the information and
studying the material that has been presented to see if it is feasible for city and County Fire Depts.
to provide emergency transport to the hospital. One big issue is not raising taxes and not increasing
the cost to the citizens that they currently pay now for that service. Discussion.
Commission Seat IV - Cindy Gennell:
Commissioner Gennell asked Attorney Kruppenbacher if Attorney Lang asked him about her question
about visioning and was there a provision in the settlement agreement for a PUD in the commercial
area there to handle underground utilities and asked for a copy of that at the next meeting. Attorney
Kruppenbacher said we are having our outside consultant check on that and is waiting for his
response on that.
Commissioner Gennell said at the last meeting there were at least three of the Commissioners who
were interested in taking a bus and go around to look at sites like Commissioner Langellotti
recommended and it didn't get brought up and I think if we are going to do it we need to do it and
ifwe are not going to do it then we need to decide not to do it, but let's settle it. Discussion. Mayor
Bush stated that he spoke with Attorney Lang after the meeting informally, and said that Attorney
Kruppenbacher needs to get a hold of Mr. Lang so he (Kruppenbacher)can give a report to the
Commission on how tins can be done and what has to be done and then the Commission can decide
whether or not they want to do it. Attorney Kruppenbacher said you would have to rent a bus, you
would have to notice the public and make it open and accessible. Discussion.
Motion was made by Commissioner Gennell to secure a vehicle and establish a date and time and a
route to look at some of the improved areas that we might like to consider patterning some of the
things for our visioning for our 434 corridor. Seconded by Commissioner McLeod. Discussion.
Commissioner Ferring said this is nothing but a dog and pony show and thinks that the Commission
is all adult people and ifwe want to go around the town and look at improved properties that we have
every right to do it on our own personal guidance, we don't have to get a caravan or expand
taxpayers money to do this and disagrees with it. Commissioner Conniff said he doesn't think it is
logistically wise unless we have a five tier bus. Vote: Commissioner Conniff: nay; Commissioner
Ferring: nay; Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod:
aye. Motion fails.
Commissioner Gennell stated that she accepted a plaque from the Seminole County School Board
in appreciation to the City of Winter Springs as a partner in excellence with the School Board.
Commission Seat V - David McLeod:
Commissioner McLeod said regarding the corridor visioning, he has been going out on his own
looking and taking photographs and when he completes what he is doing, his intentions are to have
several duplicates made to be able to give each Commissioner , Mayor and City Manager and a
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 17
couple extra copies for Staff in some of the things that he as a Commissioner finds tasteful for the
City. On the other hand areas that are enlightening that other communities are doing.
Mayor Bush stated he has "penned" a last paragraph for the letter to the County Commission on the
privatization of the landfill and read it to the Commission. The Commission was in agreement to sent
the letter with the revision.
Commission Seat II - John Ferring:
Commissioner Ferring said he would like to know what the Commission's opinion is on whether or
not the City should fluoridate their water. Many other Cities throughout the Country fluoridate their
water for prevention for cavity decay in young children and adults and for some reason it's hasn't been
addressed by our City and would like to know whether or not we can have the Utility Director look
into the pro's and con's of it. Discussion. It was the consensus of the Commission to have the City
Manger look into that.
Commissioner Ferring said it has come to his attention that there is a City Commissioner that has been
attending County Workshops and getting up at those County Workshops and giving opinions that
have not been under the guidance of this Commission in any respect. We have a policy and we set
forth policies that anybody that goes out ant speaks for this City does so with the advise and consent
of this City Commission and for anybody to start doing things on their own and representing
themselves whether it be aka as a private citizen or as a Commissioner; you are still a Commissioner
in this City and I would hope that this comes to an end. Nobody on this commission has got the right
to speak for this City unless they are authorized to do so by the rest of this Commission and to do
it is in direct conflict and can be held accountable for it. I know the Commissioner knows who I'm
talking about and I just want to see it end once and for all.
Commissioner Gennell stated this is not the Kremlin, it's not Bosenia, this is not Cuba, those are
public meetings and these are public meetings and I have every right to be anywhere I want, I do not
stand up and represent this City unless I'm so delegated and I am free to attend them and I will attend
them and I won't tolerate being intimidated and blue collar union tactics and everything else used up
here. I think it's an offense to this Commission.
Commissioner Ferring said this is a very important point and I'm going to ask the City Attorney,
we've got written reports Ms. Gennell, and I've got reports from people in the County that you are
going out there and expressing opinions regarding things that have to come before this City body,
now whether you call it blue collar union or communism or whatever you want to call it the point of
the matter is that you do not represent this City unless we advise you to represent this City and if you
want to do it then I'm going to be pressing charges against you for illegal procedures, and if you think
it's funny you'll see how funny it is and there are written reports to document it.
Mayor Bush said there is a gentleman in the audience who was not able to make it here for the public
input; he has a problem with his water bill, he has attempted to work this out with the City Manager
and Finance Director and he has asked that he come before the Commission and I know Public Input
Regular Meeting City Commission
September 11, 1995
94-95-29
Page 18
is over but I would like to ask the Commission's ability to let him speak. It was the consensus of the
Commission to let the resident speak.
Mr. Manuel Ayala, 611 Huntley Lane, spoke to the Commission regarding a problem with his water
bill. Discussion. It was determined that Mr. Ayala would pay $150.00 construction deposit so he can
have water service at 611 Huntley Lane during construction. It was also determined that the City
Manager will bring back at the next meeting supporting documentation regarding this situation. Mr.
Ayala will also bring in documentation.
Attorney Kruppenbacher said this is a serious matter given what he heard raised tonight, and he has
said this to the Commission before and will say it again because he doesn't want to be sitting here
down the road with complaints with outside agencies or complaints to me or to the Commission, 1)
none of you nor myself nor the City Manager is authorized to represent this City regarding any matter
to the outside unless this Commission approves it. Now the Staff meaning the Manager, myself etc.,
we work within parameters you've preapproved that we know, you as Commissioners have got to
avoid the appearance of impropriety and to that if there is this confusion being generated I would urge
the Commissioner who is going to continue to voice her opinions to articulate at the up front of any
meeting "I am not here as a spokesman for the City of Winter Springs Florida, I am not authorized
on behalf to represent the City of Winter Springs Florida" that way there can't be any confusion from
the people receiving the comments that they are City comments.
Commissioner Ferring said whether you get up and speak as a private citizen or as a City
Commissioner, you are still a City Commissioner, when you are speaking about issues that will come
before this Commission for a vote, you can't speak as a private citizen; now if you are telling me that
you can do that, you can speak as a private citizen and then come around and vote on that issue, then
there is something very wrong here.
Attorney Kruppenbacher said he will speak to the Commission more at the next meeting on this issue,
in the mean time between now and the next meeting to forgo putting themselves in the position during
this period of time from even having this issue raised and at the next meeting under my seat we will
get this concluded once and for all so that there can't be any confusion.
Mayor Bush stated he is planning to go to the County Commission meeting tomorrow night regarding
the Oviedo Crossings Mall to listen to what is going to go on but I do not plan to speak.
The meeting adjourned at 10: 10 p.m.
Respectfully Submitted,
~~.~
Margo M. Hopkins,
City Clerk
APPROVED:
~~~R