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HomeMy WebLinkAbout1991 07 08 City Commission Regular Minutes . . . 90-91-20 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JULY 8, 1991 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:30 p.m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor Paul P. Partyka, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, late City Attorney Tom Lang, present Commissioners: Cindy Kaehler, present Don Jonas, present John Langellotti, present Terri Donnelly, present The invocation was given by City Manager Richard Rozansky. The pledge of allegiance to the flag was led by Commissioner Cindy Kaehler. Motion was made by Commissioner Langellotti to approve the minutes of June 24, 1991. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. Public Comment: Joe Genova, Addidas Road, spoke about districting and asked if it could be changed so the Commissioners would be elected by the residents of that district. He also spoke in reference to the penny sales tax referendum. Toni Igler, Cheetah Trail, spoke in reference to the article in the Seminole Sentinel about the budget and proposed tax increase. John Ferring, Baltic Lane, spoke about the millage rate and budget of the City of Winter Springs. Bill Jacobs, S. Edgemon Ave., spoke about the May unaudited Financial Report. He said construction is down over 40% which has a direct effect on three departments within the City. General Agenda Discussion of Tuscawilla P.U.D. Rezoning: Mayor Kulbes said he discussed this matter with our Attorney and his recommendation is because the Planning & Zoning Board is charged with the responsibility of establishing zoning districts, that this issue should go before the Planning & Zoning Board for their recommendations to this Body. Commissioner Partyka explained the motion that was made was to have the City's Land Planner give her thoughts on those certain parcels, then go to the next step. Commissioner Partyka then read the following statement: It seems I am in a position where I must defend myself. On July 5, 1991, Mr. Jim Mikes from Tuscawilla Country Club sent a letter to Frank Kruppenbacher, suggesting that I along with Mr. Khemlani were pushing Mr. Kruppenbacher into giving a unpopular legal position that the rezoning of the "Tuscawilla PUD" will likely result in a multi-million dollar damage claim against the City. . . . Regular Meeting, City Commission, July 8, 1991 Page 2 90-91-20 Furthermore, he goes on to state that I am pushing the "Motives that are suspect and who should not be voting He further states "The City Council should not let his City to incur costs and damages." rezoning of the PUD for on any issue affecting us". personal vendetta cause the I would like to know why Mr. Mikes feels my motives are "suspect" and what "personal vendetta" I have? Let me refresh everyone's memories; I have been fighting the re- zoning of the Tuscawilla PUD before I became a Commissioner and before I knew Mr. Mikes. The rezoning issue has come up a number of times over the past 2~ years while in my term of office. I first made a motion to review the PUD on Feb. 13, 1989; I further made a motion on Dec. 11, 1989 in reference to Parcel 51 to have a moratorium on new construction other than single family homes/townhouses and then made another motion later on re- zoning Tuscawilla to Rl-AA and I have brought it up again recently. As you know, I am not a one man show but part of a 5 member Commission. The Commission approves or disapproves motions made by any Commissioner. The most recent motion passed by the Commission was for the City Planner to come to us, the Commission, and recommend what should be done with the Tuscawilla PUD, whether individual parcels or the total. You, the Commission would decide based on facts and your judgement. Why have I consistently been for rezoning? Because my constituents have asked for this many times. I have letters, petitions and verbal comments on what they want. I have been the messenger. Therefore, to say my motives are suspect and I have a personal vendetta is ridiculous. Finally, and this is the most disturbing news I want to give you. As background, on June 28, 1991 I resigned my membership at Tuscawilla Country Club. I resigned because I personally could not go along with Mr. Mikes policies. I felt I needed to resign. Mr. Mikes' response was to black ball me from the Club. In fact there are xerox notices throughout the Club that I am not to be served even as a guest. Now I wonder whether other resigned members are blackballed and treated this way. Mr. Mikes also spoke to me late on Friday, June 28, 1991 and during the conversation threatened me with a financial lawsuit and also mentioned that he would try legally not to have me vote on issues concerning Tuscawilla. I wonder if any other Commissioner was threatened with a legal suit? Finally, it is a sad state of affairs that any person should threaten a government official with financial ruin because of an official's right to vote on City business. Let me state right now that I will not be threatened or coerced into a position that I do not believe in. If someone wants to sue me, so be it. But we as the governing body should not be coerced or threatened into anything. Thank you, Paul P. Partyka, Deputy Mayor. The City Planner explained there is much more control and protection for property owners under the PUD system then cutting out separate parcels and rezoning them. She pointed to the current approved master plan of Tuscawilla which shows all the changes that were agreed upon with the settlement reached last year. The City Planner emphasized the need to revise the Land Development Code so that when plans come in those requirements can be enforced. . . . Regular Meeting, City Commission, July 8, 1991 Page 3 90-91-20 David Hopkins, Chairman of the Planning & Zoning Board, explained the Planning and Zoning Board was directed to review the Tuscawilla PUD and the possibility for re- zoning different parts. He then read the report that was prepared and presented to the City Commission in May of 1989 and is attached to these minutes. Tom Freeman, attorney and resident of Tuscawilla, spoke in reference to zoning. He said "all we're suggesting to you is this: we would like a map for the future in our area; we would like to be secure with that map and we would like that map to reflect good growth management. We would like that map to reflect protection for what is there for the future. We would like that map to guarantee to us all of the categories and all of the criteria and all of the standards that are implicit within the R-lAAA, the R-lAA categories, the recreational. We are suggesting, most respectfully, you should adopt a zoning classification of recreation and do away with the PUD that we cannot defend in court." Commissioner Kaehler said before this issue goes to Planning & Zoning, she wants to know which way the people are protected the most; she said she wants to see in the law where these people are protected more by residential zoning than PUD zoning. Moti Khemlani, president of the Tuscawilla Homeowners Association, spoke in discussion. Dottie Plater, Winged Foot Circle West and Joe Genova, Addidas Road, spoke in discussion. Motion was made by Commissioner Partyka that we direct the Planning and Zoning Board to review the zoning issue of the Tuscawilla P.U.D. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Mayor Kulbes called a recess at 9:15 p.m. and called the meeting back to order at 9:30 p.m. Request of Highlands Homeowners' Association for Reconsideration of Sidewalk: Kathleen DeGrenia, Executive Director of the Highlands, spoke to the Commission. She spoke about the three reasons Florida Land Company gave for the deletion of the side- walk, and the approval given by the City Commission on January 28, 1991. She asked this be reconsidered for the safety and welfare of the residents of the Highlands. Motion was made by Commissioner Partyka that we review this sidewalk issue pending the City Attorney's legal review and what can or cannot be done. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. Appointment to Board of Trustees-Resolution No. 661 was deferred to the next meeting. Bid Recommendations of Central Winds Park: Mr. David Barth, Glatting Lopez Karcher Anglin, Project Manager, was present to report on the bid for the park. He said 9 bids were received ranging in price from 1.8 million dollars to 2.3 million dollars. . . . Regular Meeting, City Commission, July 8, 1991 Page 4 90-91-20 His recommendation was to award the bid to GCl. They were the low bidder and their bid was in accordance with the Bid Documents. Mr. Barth also recommended that Alternate No. 3 be accepted which is a deduct alternate, meaning that GCl would deduct $28,000 from their contract and that alternate is to go from vinyl coated chain link fence to an aluminum coated chain link fence. Another recommendation was to add to Alternate No.2, which is to increase the quality of the sinks and other fixtures from porcelain to stainless steel. Third recommendation was to put fire sprinklers in both buildings in the amount of $10,700. Mr. Barth said he is recommending the Commission accept one deduct alternate for $28,000 and accept to add alternates for a total of $20,000, so the net result is the price is a little below $1.8 million dollars for Phase One. Motion was made by Commissioner Kaehler to award the Bid as recommended subject to the Staff and Attorney approving and reviewing the appropriate contract. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. City Manager Richard Rozansky: Presentation of Fiscal Year 1991/1992 Budget: The City Manager delivered a Budget Message and General Operating Budget, Winter Springs Water and Sewer-West and Winter Springs Water and Sewer East: Emergency Services: We provide Police, Fire and Advanced Life Support Services. The Departments are well staffed with highly qualified motivated individuals who are truly dedicated professionals. They provide services that I believe other cities our size and larger labor to match. Public Works Department: This Department literally performs all maintenance on roads, drainage systems, facilities, equipment and vehicles with the exception of very major repairs such as our road resurfacing program, which this year is approximately $190,000. Over the last twelve years we have put about one million dollars in resurfacing roads in the City. When you consider the hard, nasty jobs they are required to do and the dedication they display, and the low turnover rate in the Department, they do an excellent job. Building Department: There has been comments that construction is down. That is true. Major construciton is down; however, I believe there are a number of smaller projects and permits which require the same inspections. Additionally we are building new homes that require inspections and follow up. Engineering Department: We have an Engineer and an Assistant Engineer. They review everything - all submittals to the City; they help Public Works in fixing major drainage and other problems. Presently they are loading some stormwater data into our computers in preparation for the adoption of our Stormwater Management Utility which is going to be mandated. Finance: I think the Finance Department stands on its own. They provide hands on management for all City funds including both Utilities-this year that is some 18 million dollars and they do it with three people. Look at surrounding cities and compare their budgets, and the complexity of their transactions to ours. . . . Regular Meeting, City Commission, July 8, 1991 Page 5 90-91-20 Utilities: They stand on their own. We have owned North Orlando Water and Sewer which is now Winter Springs Water and Sewer-West since 1984. There has not been a rate increase. We've put about six million dollars back in the system that normally would have went to someone for profit. We have improved it. We still have a ways to go because some of it is antiquated. Recreation: The final major service we give is Recreation which is really just coming into its own, and the Commission is dedicated to improving services and the Department is growing. Recently the Tuscawilla parks have been added. The Staff is reviewing a proposal to improve Trotwood Park. This past year a Senior Citizens Center has been constructed and is presently operating and very popular. Tonight we accepted the bid for a major park which will add greatly to recreational opportunities for our people. So you see the local government really does support local services. The money we receive goes right back to our citizens. Manager Rozansky then reviewed the FY 1991-1992 Budget. The total of the General Operating Budget is $11,561,899.00; Winter Springs WAter & Sewer-West General Budget is $2,374,093.00; The Renewal and Replacement Fund $190,000.00; the Construction Fund from the Bond Issue is $1,624,852.00; Winter Springs Water & Sewer-East Budget is $2,683,525.00, for a grant total this year of $18,434,369.00. On July 15th the Commission will hold a Workshop Meeting to review the revenues and expenditures and millage rates in preparation for July 22nd at which time this Commission has to set the proposed millage rate, the rolled back rate and the date, time and place of the public hearing for the Tentative Budget, which is September 9, 1991. The Final Budget Hearing will be held on September 23, 1991. Manager Rozansky gave a little history of the City's Ad Valorem rates. 1974 was the first year for Ad Valorem. This present year our millage was 3.6153, and the millage rate proposed in this budget is 3.7029 which will produce $2,353,872.00 in Ad Valorem. The percent of increase over the present millage rate is 2.4%, but the State dictates that we advertise (we announce) the increase in millage over the rolled back rate and that is 8.7649%. Manager Rozansky then reviewed revenues and expenditures of the Departments, the various Funds, personnel and salary benefit package, and the Utilities. Mayor Kulbes called a Workshop Meeting for Monday, July 15th at 7:00 p. m. Commission Seat III-John Langellotti: Commissioner Langellotti asked about the water problem by City Hall. Commission Seat IV-Terri Donnelly: No report. Commission Seat V-Paul P. Partyka: Commissioner Partyka said hopefully at the next meeting he will have his appointment to the Planning & Zoning Board. He said Industrial Waste Services, Inc. will make their presentation on commercial recycling in August. Commission Seat I-Cindy Kaehler: No report. . . . Regular Meeting, City Commission, July 8, 1991 Page 6 90-91-20 Commission Seat II-Don Jonas: Motion was made to appoint Jean Jacobs to the BOWS Board by Commissioner Jonas. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Commissioner Jonas asked for the public hearing and second reading for Ord. No. 506 be tabled until the first meeting in August because he will be on vacation. Attorney Kruppenbacher said it has to be on the Agenda for the July 22nd meeting, and at that time the Commission can vote to table to August 12th. Mayor's Office: Mayor Kulbes appointed Commissioner Donnelly to the Impact Fee Review Committee for the School Board of Seminole County, and the Commission was in agreement. Mayor Kulbes spoke about Ruth Smith's resignation from the Commerce and Industry Board and recommended Walt Dittmer be appointed to that Board. Motion was made by Commissioner Partyka that we nominate and approve Walt Dittmer to the Commerce & Industry Board. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. Mayor Kulbes spoke about the City's property on Flamingo Avenue. Mayor Kulbes also spoke about the telephone call he received from Mrs. Bush, Bahama Road, in reference to the condition of the road. Meeting was adjourned 11:00 p.m. Respectfully submitted, ~r~ Mary T. Norton, City Clerk ~ ,MAYOR