HomeMy WebLinkAbout1980 10 28 City Council Regular Minutes
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REGULAR SESSION
CITY COUNCIL
CITY OF WINTER SPRINGS
OCTOBER 28, 1980
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The Regular 5ession of the City Council of the City of Winter Springs, Florida, waS
called to order by Mayor Troy Piland. The invocation was given by Councilman John
Bennett. The pledge of allegiance to the flag was led by City Manager Richard
Rozansky.
Roll Call:
Mayor Troy Piland, present
Deputy Mayor Wilfred Arnold, present
City Manager Richard Rozansky, present
City Attorney Wallace Stalnaker, present
Councilmen:
William Jacobs, present
John Bennett, present
Maureen Boyd, present
John Torcaso, present
Pub lic Input:
Mr. Larry Mansfield, Indian Ridge, asked Council if they could do something to
alleviate the noise from the shopping center.
Mr. Al Inbornone, San Miguel, also spoke in reference to the noise.
Manager Rozansky was asked to contact the owners of the Shopping Center to see what
could be done, and to come back to Council with a report.
Mr. Ozersky, 605 Pearl Road, asked about the 39% increase in property taxes as
advertised.
Mrs. Weiss, Winter Springs Boulevard, asked why the advertisement was placed where
it was and not in the legal ad section.
Mrs. Kearns, South Edgemon Ave., asked about the petition for Spring Hammock.
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Approval of Minutes of October 14, 1980:
Motion waS made by Councilman Bennett to approve the minutes of October 14, 1980.
Seconded by Councilman Jacobs. Discussion. Vote on the motion: Councilman Torcaso,
aye; Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye;
Councilman Boyd, aye; motion carried.
Resolution No. 326, proposed Sunshine Park Track - Tabled 10/14/80:
Attorney Stalnaker read Resolution No. 326 in its entirety.
Motion was made by Councilman Bennett that Resolution No. 326 be adopted. Seconded
by Councilman Arnold. Discussion. Vote on the motion: Councilman Jacobs, aye;
Councilman Arnold, aye; Councilman Bennett, aje; Councilman Boyd, aye; Councilman
Torcaso, aye; motion carried.
Resolution No. 327, requesting DOT to make traffic study, etc.:
Motion was made by Councilman Arnold to amend Resolution No. 327 to include the
entire area of S.R. 434 within the City. Seconded by Councilman Bennett. Discussion.
Vote on the motion: Councilman Arnold, aye; Councilman Bennett, aye; Councilman Boyd,
aye; Councilman Torcaso, aye; Councilman Jacobs, aye; motion carried.
Motion was made by Councilman Arnold to adopt Resolution No. 327 as amended.
Seconded by Councilman Jacobs. Discussion. Vote on the motion: Councilman Bennett,
aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Jacobs, aye;
Councilman Arnold, aye; motion carried.
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Resolution No. 316 Revised, vacating and abandoning park in Sec. 9:
Motion was made by Councilman Torcaso to adopt Resolution No. 316 Revised. Seconded
by Councilman Arnold. Discussion. Vote on the motion: Councilman Boyd, aye;
Councilman Torcaso, aye; Councilman Jacobs, aye; Councilman Arnold, aye; Councilman
Bennett, aye; motion carried.
Appointments to Code Enforcement Board:
Motion was made by Councilman Torcaso to appoint the top six names as listed (Victor
Suarez, Dave Dearolph, William Daucher, Gary Hunt, Hat Hattaway, George Schrader).
Motion died due to lack of a second.
Motion was made by Councilman Arnold to appoint Jay Alpert, builder. Seconded by
Councilman Bennett. Discussion. Vote on the motion: Councilman Torcaso, no;
Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman
Boyd, aye; motion carried.
Motion was made by Councilman Arnold to appoint George Schrader who is associate
dean of engineering at CFU, registered professional engineer of State of Florida.
Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs,
aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Boyd, aye;
Councilman Torcaso, aye; motion carried.
Motion was made by Councilman Bennett that Gary Hunt be appointed to the Board.
Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Arnold,
aye; Councilman Bennett, aye; Councilman Boyd, aye; Councilman Torcaso, aye;
Councilman Jacobs, aye; motion carried.
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Motion was made by Councilman Jacobs to appoint William Daucher to the Code
Enforcement Board. Seconded by Councilman Torcaso. Discussion. Vote on the motion:
Councilman Bennett, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman
Jacobs, aye; Councilman Arnold, aye; motion carried.
Motion was made by Councilman Boyd to appoint Victor Suarez, attorney, to the Code
Enforcement Board. Seconded by Councilman Torcaso. Discussion. Vote on the motion:
Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Jacobs, no; Councilman
Arnold, no; Councilman Bennett, aye; motion carried.
Motion was made by Councilman Torcaso to appoint Hat Hattaway to the Code Enforcement
Board. Seconded by Councilman Arnold. Discussion. Vote on the motion: Councilman
Torcaso, aye; Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye;
Councilman Boyd, aye; motion carried.
Attorney Stalnaker was asked to find out if the Chairman of the Board has a vote, or
does he just vote in case of a tie.
Mr. Alpert
wi 11 serve
year term.
and Mr. Schrader will serve for a one year term. Mr. Hunt and Mr. Daucher
for a two year term. Mr. Suarez and Mr. Hattaway will serve for a three
Motion was made by Councilman Arnold that Mr. Ray Bradshaw, Building Official, be
appointed the Code Inspector. Seconded by Councilman Bennett. Discussion. Vote on the
motion: Councilman Torcaso, aye; Councilman Jacobs, aye; Councilman Arnold, aye;
Councilman Bennett, aye; Councilman Boyd, aye; motion carried.
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Manager Rozansky was asked to notify the people of their appointment and to set
up a meeting~,
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Motion was made by Councilman Bennett that Mr. Jack Cooper be appointed as the City
Prosecutor for the Code Enforcement Board. Seconded by Councilman Torcaso. Discussion.
Vote on the motion: Councilman Torcaso, aye; Councilman Jacobs, aye; Councilman
Arnold, aye; Councilman Bennett, aye; Councilman Boyd, aye; motion carried.
Wilfred Arnold - Appointment to Board of Adjustment:
Motion waS made by Councilman Arnold that we accept the resignation of Mrs. Sonnie
William from the Board of Adjustment and appoint Charles Chute to fill the un-
expired term on the Board of Adjustment. Seconded by Councilman Bennett. Discussion.
Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett,
aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried.
Request for lot splits, James D. Hartman - Tabled 10/14/80:
Motion was made by Councilman Torcaso that the lot splits requested by James Hartman
be authorized. Seconded by Councilman Bennett for discussion. Discussion.
Attorney Stalnaker explained that Sec. 14-3.1 of the Code states the owner must make
application for the lot split. Each individual owner was asked to make application
for the lot splits, and this will be on the agenda for the next meeting.
Councilman Bennett withdrew his second of the motion in view of the discussion and
advice of the Attorney.
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Disposition of Lawsuit:
In the Florida Land lawsuit, Florida Land Company challenged the referendum process
on constitutional gounds (denial of due process, improper delegation of authority to
the citizens; the fact it waS an improper delegation of authority without sufficient
standards and they were directing their arguments against the city charter.)Judge
Leffler ruled the referendum section of our Charter unconstitutional only when it
relates to zoning issues. Ben Kaplan, Burgos Road,Dave Dearolph, Tuscawilla, Peter
Wasilewski, Holiday Lane, Richard DeFazio, Jackson Circle,and George Guarente, Fisher
Road, Curtis Moore, Mockingbird Lane, Mr. Schuster, Sunset Drive, George Shriver,
Bombay Avenue, James Hartman, Sailfish Road and Mr. Maiuri, Tradewinds Road; Mr.
Ozersky, Pearl Road all spoke in discussion of the appeal of the decision.
Motion was made by Councilman Bennett that the City file an appeal against the recent
judgment against our City charter. Seconded by Councilman Torcaso. Discussion. Vote
on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett,
aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried.
Mr. Tom Craven, Tuscawilla, and Mr. Richard DeFazio, Jackson Circle, spoke in
discussion.
Public Hearing:
Final Budget Hearing - Second Reading of Budget Ordinance No. 221:
Mayor Piland recessed the Council Meeting and convened the public hearing for purposes
of hearing comment on proposed budget Ordinance No. 221. Attorney Stalnaker read
Ordinance No. 221 in its entirety.
Manager Rozansky said the purpose of this hearing was to finalize the budget including
the Federal Revenue Sharing portion of the budget and adopt the millage rate.
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Manager Rozansky said this evening Council must amend the tentative budget as they
see fit; they must adopt Resolution No. 325 which sets the millage and indicates the
percentage of increase and Council must adopt budget Ordinance No. 221.
The final budget as submitted, 1.87 mills, is 39% over the rolled back rate of 1.34
mills. This increase is required to maintain an adequate level of municipal
services resulting from increased growth and demands upon our local resources.
The City will probably not receive Federal Revenue Sharing monies until January or
possibly later. The City has budgeted $72,500.00 in Federal Revenue Sharing Funds.
City Manager Rozansky recommended that we maintain our Federal Revenue Sharing level
that we have. We have our items prioritized and he recommended we adopt it as it is
and then utilize it as we go.
Council was presented a budget on the 14th of October which was adopted as a
tentative budget. That budget has been revised and is dated October 28, 1980.
City Manager discussed his recommendations dated October 28, 1980. Manager Rozansky
said the recommended millage is 1.87 to fund the ad valorem which is .53 over the
rolled back rate of 1.34 mills and this represents the 39% increase in taxes that
was advertised. Mayor Piland then opened the floor to the public to ask questions
regarding the recommended budget prior to adoption. Input from the general public
was received and considered. Mayor Piland closed the public hearing and reconvened
the Council Meeting.
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Resolution No. 325, setting the ad valorem tax millage rate:
Motion was made by Councilm?n Arnold to adopt Resolution No. 325 setting the millage
rate of 1.87 mills which is a 39% increase over the rolled back rate of 1.34 mills.
Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Bennett,
aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Jacobs, aye; Councilman
Arnold, aye; motion carried.
Adoption of Ordinance No. 221, 1980-81 FY Budget:
Motion was made by Councilman Arnold to adopt Ordinance No. 221. Seconded by
Councilman Bennett. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman
Torcaso, aye; Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett,
aye; motion carried.
Motion was made by Councilman Arnold to authorize the City Manager to recompute
the final adopted millage rate. Seconded by Councilman Jacobs. Discussion. Vote on the
motion: Councilman Torcaso, aye; Councilman Jacobs, aye; Councilman Arnold, aye;
Councilman Bennett, aye; Councilman Boyd, aye; motion carried.
Meeting waS adjourned 9:35 p. m.
Respectfully submitted,
Approved:
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7nw, T ~
Mary T. Norton,
City Clerk