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HomeMy WebLinkAbout1985 10 14 City Commission Regular Minutes .. <Ill. 85-86-1 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, OCTOBER 14, 1985 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, absent City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman,present Arthur Hoffmann, present Buck Adkins, present Leanne Grove, present The Invocation was given by Commissioner Buck Adkins. The pledge of allegiance to the flag was led by Commissioner William A. Jacobs. Motion was made by Commissioner Jacobs to approve the minutes of Sept. 23, 1985. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Public Input: Mike Darwin, Tradewinds has a large pit on it. situation. Road, spoke about the property on Tradewinds Road which The fence has been taken down and it is a very dangerous . Susie Reid, Hayes Road, also spoke about the unsafe conditions on the property. Kitty DeGrengia, Highlands, asked that candidates do not distribute campaign literature in mailboxes. The Meet the Candidate's Nights to be held in the Highlands will be October 22, 1985. Daryl Hall, Oak Forest, asked the status of the Jacobson wall. Attorney Kruppenbacher said we have had the outside consultant inspect the wall and at the next meeting a report will be given whether or not the wall is in compliance. Mr. Hall said for the record the wall in his backyard is currently in excess of ten feet. General Agenda: Motion was made by Commissioner Grove to put Mr. Webb's problem on the agenda. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Motion was made by Commissioner Jacobs that we instruct through a letter to the owner and the mortgagee to construct a temporary fence no later than Friday at 5:00 p. m. and to bring the property up to Code in 30 days in reference to the construction of the permanent fence or to grade. Seconded by Commissioner Hoffmann for discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. . Public Hearing for Ord. No. 331, relating to water and sewer user charges, and other related charges and fees, etc. Second Reading. . . . .. . Regular Meeting, City Commission, Oct. 14, 1985 Page 2 85-86-1 Attorney Kruppenbacher read Ord. No. 331 by title only Torcaso recessed the Commission Meeting and opened the from the audience spoke for or against the ordinance. Public Hearing and reconvened the Commission Meeting. on second reading. Mayor Public Hearing. No one Mayor Torcaso closed the Motion was made by Commissioner Adkins to adopt Ord. No. 331 with the change on page 4 "unable to lock-off" the only change. Motion died due to lack of a second. Motion was made by Commissioner Jacobs to adopt Ord. No. 331 with the change on page 4, late payments be changed from $20.00 to $10.00, and change failure to "unable to lock-off"; also on page 9, change fee from $20.00 to $10.00, and no fee for voluntary reinstatement. Seconded by Commissioner Hoffmann. Discussion. There was discussion of residential user in reference to mobile homes. Motion was made by Commissioner Hartman to table this ordinance until we address that subject. Motion was never seconded. Mr. Boerner, Hacienda Village said "We're a licensed motor vehicle, not a home, we use them as homes." Vote on motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, will file a conflict of interest form and abstain; Commissioner Hartman, aye; Commissioner Hoffmann, no; motion carried. Waiver to Subdivision Regulations-14-3.2 - Mr. Floyd Jacobs: The City Planner explained the property is a five acre parcel located on the east side of Hayes Road bordered on the north by Bahama Road and the south by Panama Road. Under the zoning of RC-1, this 5 acre parcel could be divided into five one-acre parcels; however, there is no fire flow in that area and therefore Staff is recommending against the waiver to the subdivision regulations. Mr. Jacobs was present and was represented by his Attorney Mr. Murasko. A court reporter was also present. Motion was made by Commissioner Hartman that we deny Mr. Jacobs the waiver to the subdivision regulations based upon the Staff recommendation of no fire flow, and the fact that we have traffic flow problems now and maintenance of the roads, and all those things that would be considered with that, based on the existing ordinance. Seconded by Commissioner Jacobs. Discussion. In discussion, J. Bates, Panama Road, Susie Reid, Hayes Road, Floyd Jacobs and his Attorney Joe Murasko all spoke. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, no; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Planning & Zoning Board Recommendations: Elsea's Annexation - the property is an eight acre parcel located off of Florida Avenue between the Highlands and the Wildwood Planned Unit Development. The Planning & Zoning Board recommended the annexation with C-1 zoning. Motion was made by Commissioner Hoffmann to accept the Planning & Zoning Board Recommendation. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. . - Regular Meeting, City Commission, Oct. 14, 1985 Page 3 85-86-1 4It Lake Pickett Properties, Inc. Annexation: The legal description of the property is Lots 11, 12, 13, Block B, D. R. Mitchell's Survey of the Levy Grant (abutting Brantley and Orange Avenues). Planning and Zoning Board recommended annexation with C-l zoning and they requested all surrounding property owners be notified. Motion was made by Commissioner Hartman to accept the Planning & Zoning Board recommendation to annex the Lake Pickett properties. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. First Reading of Ord. No. 332, to extend its territorial and municipal limits, etc. (Lots 25 + E 24 ft. of S 200 ft. of Lot 24, Entz. Farms Add. No.3, P.B. 6, Pg. 27, P.R. of Sem. Co., Fl.) - Elsea: Mayor Torcaso directed Attorney Kruppenbacher to read by title only on first reading. Attorney Kruppenbacher read Ord. No. 332 by title only on first reading. First Reading of Ord. No. 333, to extend its territorial and municipal limits, etc. (Lots 11, 12, & 13, Block B, D.R. Mitchell's Survey of Levy Grant, P.B. 1, Pg. 5, P.R. of Sem. Co., Fl.) Lake Pickett Properties: Mayor Torcaso directed Attorney Kruppenbacher to read by title only on first reading. Attorney Kruppenbacher read Ord. No. 333 by title only on first reading. 4It Final Engineering approval of Mt. Greenwood Boulevard Infrastructure Mt. Greenwood Planned Unit Development: The City Planner discussed his memo dated 10/3/85. A representative from Arnerifirst Development corp., 851 Trafalgar Court, Suite 208, Maitland, FL 32751 and Ray Braddock, of Boyer Singleton Engineering were present. Motion was made by Commissioner Jacobs to approve final engineering of Mt. Greenwood Boulevard infrastructure subject to the finalization of the five stipulations as pointed out in the Planner's letter dated October 3, 1985. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Approval of Replat, Lots 17 & 18, Fairway Oaks Unit 1: Motion was made by Commissioner Jacobs for approval of replat, Lots 17 & 18, Fairway Oaks Unit 1 subject to the mortgagee's consent on the plat. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. Approval of Final Plat-Cypress Club, Group 3 Design: Motion was made by Commissioner Jacobs, seconded by Commissioner Adkins for approval of final plat of Cypress Club. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. 4It . . . Regular Meeting, City Commission, Oct. 14, 1985 Page 4 1985-86-1 Presentation of proposed ordinance to amend Sec. 14-3.2: Motion was made by Commissioner Hartman, seconded by Commissioner Hoffmann to table. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Attorney's Reports: Attorney Kruppenbacher said he would notify on the wall by the next Commission Meeting. Mr. Jacobson to have the work completed Mr. Stevens will do an outside inspection. On the Dittmer property, a memo has been distributed. On the Municipal Complex, the $85,000 dollar payment will be released based upon the last letter from the Architect. After discussion it was decided to not release the payment to LeCesse until our Consulting engineers, Conklin, Porter & Holmes evaluate the problem. Attorney Kruppenbacher reported on the school zone maintenance agreement we are still waiting for an answer from the insurance company in writing that they are in agreement with our letter. The appeal on the Hazardous Waste Consultants will be on Nov. 26 and Attorney Kruppenbacher suggested that it be on the next City's Agenda to decide who is to attend the meeting. . Florida Public Utilities: Motion was made by Commissioner Jacobs to authorize filing of suit against Florida Public Utilities for trespass and encroachment upon public property by their gas pipe. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Attorney Kruppenbacher said he met with Industrial Waste Services this past Friday at the direction of the City Commission, regarding what would be a negotiated document to our Agreement and the two options are: 1. The same existing franchise for a three year fixed period with the Commission permitting a change in the commercial rate of $2.75 a cubic yard to $2.85 and I.W.S. agreeing to waive the 6l~, and the residential rates that are presently $9.00 will remain the same for three years. 2. A three year contract fixed for a period of two years at the present rates, commercial being $2.75 per cubic yard and residential $9.00 per month with I.W.S. waiving the 6l~ back charges and reserving the right at the end of two years to request a rate increase of residential and/or commercial with an option to renew for one year at the end of the third year. . Motion was made by Commissioner Jacobs that the City Manager negotiate with I.W.S. for a three year contract -residential rates to remain at $9.00 and the commercial rates to go up from $2.75 to $2.85 with a provision of no increases during this period; to have four days every year, one each quarter, for the contractor to come in and pick up large items such as old refrigerators, mattresses,etc. Seconded by Commissioner Hartman. Discussion. Motion was withdrawn. . . Regular Meeting, City Commission, Oct. 14, 1985 Page 5 85-86-1 The contract will be discussed at the Workshop Meeting. Appointment of City Auditor: There was discussion of the time of appointing the City Auditors. This will be on the Agenda for the next meeting. Appointment to Code Enforcement Board: Motion was made by Commissioner Grove to reappoint Mr. Kaplan to the Code Enforcement Board. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Motion was made by Commissioner Adkins to reappoint Mr. Tom Dougherty to the Code Enforcement Board. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Grove, no; Commissioner Hartman, no; Commissioner Hoffmann, aye; Commissioner Adkins,aye; Commissioner Jacobs, no; motion failed. Commission Seat I - Jim Hartman: Commissioner Hartman spoke about the lot on the corner of Hayes & Bahama Roads and if it could be cleaned up. Commissioner Hartman asked if the City could have a Clean Up Week. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann asked about the mosquito spraying and there was discussion of spraying in private areas. . Commission Seat III - Buck Adkins: Commissioner Adkins thanked Chief Govoruhk for the speed bumps at Cas a Park Villas. Commission Seat IV - William Jacobs: Motion was made by Commissioner Jacobs to put on the Agenda the Florida Indoor Air Act Smoking designation area. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Hoffmann, no; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Motion was made by Commissioner Jacobs to designate this side of the dias a smoking area. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Hoffmann, no; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Commission Seat V - Leanne Grove: Commissioner Grove talked about items being brought up and no definitive action being taken. Commissioner Grove said the creeks need cleaning out. There was discussion of spraying in the private areas. The Commission would like all areas to be sprayed unless a letter is received from that certain area they do not want spraying. Commissioner Grove asked if the Public Works Director was supposed to have an office in this building and if so, why do we still have the trailer in the budget. . Mayor's Office: Motion was made by Commissioner Jacobs to waive the sign permit fees for candidates. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, abstain. Motion carried. . Regular Meeting, City Commission, Oct. 14, 1985 Page 6 85-86-1 Mayor Torcaso spoke about the letter from Mr. H. Morrison in reference to the Doctrine of joint and several liability. Mayor Torcaso said he appointed Commissioner Hoffmann to represent the League before the Editorial Board of the Orlando Sentinel. Meeting was adjourned at 11:15 p. m. Respectfully submitted, ~~~ Mary T. Norton, City Clerk Approved: "/',, ,MAYOR i ) . . FORM 4 MEMO'RANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME tW. THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~TY C COUNTY C OTHER LOCAL AGENCY C STATE COUNTY. ;e -5P,e/,AI if Jm//I.Idtt! DATE ON WHICH VOTE OCCU ED tf}tJ.T,{JB~,e /1. 11/'.5 NAME OF BOARD, COUNCIL. COM~ISSION. AUTHORITY, OR COMMITTEE /'A C!.?#II1I./.J/"ON NAME OF POLITICAL SUBDIVISION OR STATE AGENCY G?;-1 ,,/ tU/:U7e"e .f re/~..f WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C ofthe form contains instructions as to when and where this form must be filed, PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florid!. Statutes (Supp. J984).] , The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN IS DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on IJ~/()Bt:-e l/j ,19....M.: (a) I abstained from voting on a matter which (check one): _ inured to my special private gain; or ~ inured to the special gain of #IJR~ /J. It) /IlL fClltI'JE #~p 'P8/l , by whom I am retained. ft/l&/EAlof; j{;t/J#E (b) The measure on which I abstained and the nature of my interest in the measure is as follows: 1/.f7.p;A//lpt/t!' .,.s,g/ /h/l.PG L'ER-;(?E#8EJ 7lJ POa;L~ ;I~pE.f. /1..1' :/.R[ J7tf/?JJ ;r';dH ~r ~(JB/~E /lbHE.f ;,A/ /llPe;~ ~;C'#dc ;..f OIiet'eAllZ-Y l/PcIt.-,e. a1;~t/f.f/~A/ .bt 7#t a1' fe "/lU/y W/l~~:1! (~E~E,e ;{?1TC aL/?...I.//~/eH/itP,;(// 'f rEl-r ;~ 8EJT 7D ,/9.8.1"779/# f .Ht.t; C!'t:;,NI2/c7:'" qa::/ ~. ::I-~ e ()d~ /(0 " /1/.5 Date Filed Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within IS days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 _ : (a) I voted on a matter which (check one): - inured to my special private gain; or - inured to the special gain of , by whom I am retained. e (b) The measure on which I VO~i~li'nif@erest in the m...u~ ~ as fnllows: Date Filed OCT 1 6 1985 OTY of WINTER SPRINGS on HALL Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (I S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. . - NOTICE: UNDER PROVISIONS OF FLORIDA ST ATUTESfll2.317(1983). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED 55.000.