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HomeMy WebLinkAbout1992 06 08 City Commission Regular Minutes . . . 91-92-17 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 8, 1992 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 John Langellotti, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: John V. Torcaso, present Don Jonas, present Terri Donnelly, present Cindy Kaehler, present For the invocation Commissioner Don Jonas asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Approval of minutes of May 11, 1992: there were no additions or corrections; the minutes stand approved as presented. Public Comment: Beau Taylor, Alton Road, candidate for Seminole County Sheriff, asked if the political sign fee could be waived. Motion was made by Commissioner Kaehler to put the waiver of sign fees on the Agenda. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Motion was made by Commissioner Jonas to waive the political sign fee. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Rae Kirkwood, Fruitwood Ave., thanked the Commission for the efforts being put forth in their behalf to fight the development of the Castle Park apartments. James Ferguson, property owner on Orange Ave., restated his concerns about the flood water situation there. He said he has suffered more erosion and ask that his needs be considered. General Agenda: Public Hearing and second reading of Ord. No. 520, amending the 1991-1992 Fiscal Year Budget, etc.: Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord. No. 520. Attorney Kruppenbacher read Ord. No. 520 by title only on second reading. City Manager Richard Rozansky, explained some of the changes. He said the Fund Balance increased $244,724. Finance used that to balance the other revenues. After balancing the General Fund there was a balance of $242,319. On the Expenditure side Page 8, Legal was increased $40,000; Page 11, Consulting Services $30,000; Page 24 General Government Line Code 2510 Unemployment Compensation was increased $5,000; Line Code 4500 Pension Reserve was increased $20,000; the remainder was placed in Line Code 6920 Contingencies in the amount of $165,724. The Contingency Fund now . . . Regular Meeting, City Commission, June 8, 1992 Page 2 91-92-17 has $183,758; on Page 28 Transportation Improvement Fund, Commission has acknowledged they would approve funding of $80,000 for a grader. Plans are to take the old grader to be used in the park and the new one will be for the Ranchland roads. The other major change was in resurfacing. Took out $32,285 from the road re- surfacing projects for a total of $165,000. In the Utilities $30,000 was added for Lab Certification; and the Sheoah Blvd. Water Main. On the East system the revenues were revised. $43,753 was taken from water revenues and$67,647 from sewer revenues and utility tax collections $5,680, totalling $156,830 revenue reduction reason being growth projections and connections are not there. All line codes on the expenditures side have been revised. $49,000 was taken from Salaries and $9,000 from line codes having to do with salaries; $15,000 was taken from legal services; and there were changes to maintenance, fuel and oil. No one spoke for or against the Ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Torcaso to adopt Ord. No. 520. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. First Reading of Ord. No. 522, abandoning and vacating an existing 15 ft. drainage easement in Chestnut Ridge, etc.: Motion was made by Commissioner Kaehler to read Ord. No. 522 by title only on first reading. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Attorney Kruppenbacher read Ord. No. 522 by title only. Annual Upadate of Zoning Map as per Section 20-102(c) of the Code: Don LeBlanc, Land Development Coordinator, explained the Planning & Zoning Board approved the changes at their meeting. There were three annexations; Ord. No. 502 and 503 (west of the Elementary School) and Ord. No. 516 (Lots 13 and 14, Tuscawilla). Motion was made by Commissioner Kaehler to approve the updating of the zoning map with the amendments as outlined. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Request to have more than two dogs - Gary Massey: Mr. Massey was present to speak for his request. Motion was made by Commissioner Kaehler to allow special permission for Gary Massey to have three dogs on his property. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. . Regualr Meeting, City Commission, June 8, 1992 Page 3 91-92-17 City Manager Richard Rozansky: Central Winds Park Update: City Manager Rozansky spoke about the damage that was done from the last storm. He said he was out there to see what happened. At the next Commission Meeting there will be a full report how this issue is to be fixed. Commissioner Kaehler asked for an update for the road situation and who was responsible for that, and has this affected any of our grant money. Don LeBlanc, Land Development Coordinator explained that we have collected $135,000 and we will be getting $15,000 but the second grant was cancelled. Commissioner Kaehler asked for an explanation in writing why the road is where it is before we had a vacation of easement and why the utility companies were not contacted in advance of our starting the road. FY 1992/93 Budget: Calendar, Personnel/Manning and Salaries/Merit: Manager Rozansky said the Commission has received a copy of the Budget Calendar. He asked if a Workshop could be called to discuss manning and merit. Mayor Kulbes called a Workshop Meeting for Monday, June 15, at 7:00 p. m. . Ratification of Fire Collective Bargaining Agreement: Motion was made by Commissioner Donnelly to ratify the Fire Collective Bargaining Agreement as is with authority to the Manager and Fire Chief to enlarge it from the one year period to the legally permissible three year period or any length longer that the parties agree within the law. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. First Reading of Ord. No. 521, establishing a Stormwater Management Utility for the City of Winter Springs, Florida, etc.: Motion was made by Commissioner Kaehler to read Ord. No. 521 by title only on first reading. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Attorney Kruppenbacher read Ord. No. 521 by title only one first reading. Reports: Manager Rozansky said he gave the Commission a copy of the letter he received from a resident of Longwood about combining the Police Department and Sheriff's Department. He said he thought the Commission would be interested in this letter, because in the second paragraph says "I wrote because I understand Winter Springs is watching Longwood". City Attorney Frank Kruppenbacher asked that the Commission declare an emergency and permit the Staff to enter into an agreement with Parsons Brinckerhoff Gore & Storrie Inc., Water Resources Engineering and Hydrogeology experts for the purposes of analyzing the borrow pits. We do not have time given the appointment of a hearing officer and the processing of the Division of Administrative Hearings challenge of the issuance of permits by St. John's to Sullivan Properties to go through a bidding process and prepare ourselves. . Regular Meeting, City Commission, June 8, 1992 Page 4 91-92-17 . Motion was made by Commissioner Kaehler to put the emergency situation on the agenda. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Motion was made by Commissioner Kaehler to declare an emergency which would let us bypass the bidding process and award a contract to Parsons Brinckerhoff Gore & Storrie, Inc., subject to legal approval of that agreement. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Attorney Kruppenbacher said he will report at the next meeting on the different conclusions on assessments for the different parcels of property including a final report on the garbage assessment issue. Attorney Kruppenbacher said he would give the Commission an outline of what the Commission can and cannot do regarding communication restrictions. Commission Seat I - John V. Torcaso: Commissioner Torcaso suggested the percentage be increased to 6% for the Pension Plan for employees. . Attorney Kruppenbacher spoke about the Castle Park project. He said this Commission has always given authority to the Manager and Attorney to take what steps were necessary to preserve the status quo until the Commission can look at the issue. He said he spoke with the Mayor and then sent a letter to Casselberry asking that they delay their vote for 30 days to enable Winter Springs to further look at the project. At this time Mr. Kern is evaluating that project and to the extent necessary with the consultants on our staff to see whether or not there are any adverse impacts on the residents of Winter Springs. The next meeting is set for the beginning of July. At the last meeting there was a vote taken and there is some question whether or not that letter was approved. That letter was not specifically approved; there was a letter specifically authorizing the Staff to proceed to raise objections. There was not time to decide whether or not we could raise objections so we asked for a con- tinuance. Attorney Kruppenbacher said that he has put on the record the background of why we asked for the 30-day continuance and this is what has been done. Commission Seat II - Don Jonas: Commissioner Jonas spoke about the borrow pits and the problems that were brought out. City Engineer, Leonard Kozlov, stated that the consultant the City hired is a geo- technical expert and that he is to examine and review the geotech model used for the project to determine the validity of the end results of the data of the geotechnical condition of the property. Attorney Kruppenbacher said if this particular expert comes back and says they do not perceive any problems from their engineering review, he will recommend that we with- draw our objection to the issuance of permits by SJWMD because he will not have . anything to take as evidence in this case. . . . Regular Meeting, City Commission, June 8, 1992 Page 5 91-92-17 Commission Seat III - John Langellotti: Commissioner Langellotti said he has received a phone call from a city commissioner in Oviedo regarding our police officers going into Oviedo and issuing summons. Commissioner Kaehler said at the Council of Local Governments Meeting Council person Cook of Oviedo explained the perception is that our officers are sitting so close to the Oviedo line, and could they move down a little. Attorney Kruppenbacher said the bottom line is that our police officers are doing their job; somebody is violating the law and we are holding them accountable. Commission Seat IV - Terri Donnelly: Commissioner Donnelly thanked Mr. Rozansky regarding the land development regulations. Commission Seat V - Cindy Kaehler: Commissioner Kaehler reported the City's portion of the Local Option Gas Tax distribution will be $766,441.00 this year. Commissioner Kaehler spoke about the possibility of a bus route through Oviedo and asked the Commission if they wanted her to check on it to see exactly what the costs are. The consensus of the Commission was to pursue that. Mayor's Office: Mayor Kulbes recommended that Lynn Kline, 1040 Elk Court North be appointed to the B.O.W.S. Board. Motion was made by Commissioner Jonas, seconded by Commisisoner Langellotti to ratify the Mayor's appointment of Lynn Kline to serve on the B.O.W.S. Board. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Designation of voting delegate to FLC Convention: Motion was made by Commissioner Torcaso that the Mayor be the voting delegate. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Motion was made by Commissioner Kaehler to put Resolution No. 682, opposing the proposed plan for reorganization of the membership of the Orlando Urban Area Metropolitan Planning Organization,etc., on the agenda. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Attorney Kruppenbacher read Resolution No. 682 by title only. Motion was made by Commissioner Kaehler to adopt Resolution No. 682. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Mayor Kulbes asked for the Staff comments by the next meetin? on the Castle Park project. . . . Regular Meeting, City Commission, June 8, 1992 Page 6 Meeting was adjourned 9:00 p.m. Respectfully submitted, ~T~ Mary T. Norton, City Clerk A7~L ~ ,MAYOR PHILI{. A. KULBES 91-92-17