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HomeMy WebLinkAbout1992 09 14 City Commission Regular Minutes . . . 91-92-23 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS SEPTEMBER 14, 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 The invocation was given by Commissioner Don Jonas and the pledge of allegiance to the flag was led by Commissioner Terri Donnelly. Approval of minutes of August 24, 1992: There were no corrections or additions to the minutes; the minutes stand approved as presented. Public Comment: Mayor Kulbes recognized the Boy Scouts from Troop 491 who were in the audience. These young men were working on a merit badge. Mike Bass, Tuscora Drive, spoke about the extension of Tuscora Road and the discussions regarding the high school and using the Tuscawilla site. He asked the City to give clear direction to the School board telling them we welcome the school and the only caveat is that Tuscora Road be put through. Joe Genova, Addidas Road, spoke about Ord. 521 procedures that were followed and about AARP. He made a corrected statement regarding the assets of AARP. He said their assets are 331 million dollars and they are a commercial enterprise. Art Hoffmann, Mt. Laurel Drive, said the Longwood/Winter Springs Chamber of Commerce is going to honor the City of Winter Springs on Sept. 28th. He said they have asked the City Manager, City Clerk and any staff the Manager wishes to invite to come to their luncheon meeting. Mr. Hoffmann also announced that at the Oct. 8th meeting of the Civic Association there will be a presentation by Florida Power Corp. on how to prepare for a hurricane. Mr. Denny, Pebble Beach Circle West, spoke about the BOWS Board project to design a new sign for the entryways to Winter Springs. He said before the Board can go ahead with the project, they need to know from the Commission if such a sign is designed and approved, will the Commission adopt it for use at the entryways to the City. The consensus of the Commission was yes they would. Gay Bess, Vistawilla Road, said there is a large amount of homeowners present this evening that are not in agreement that Tuscora Road should be dead ended. She asked for a show of hands in support of Mr. Bass. The City Planner, Greg Kern, said he spoke with Diane Kramer today and she said they are looking into realigning the road as they know it has to go through to S.R. 434. Commissioner Kaehler asked for a copy of the Tipton study which addressed the traffic impact of the high school. . . . Regular Meeting, City Commission, Sept. 14, 1992 91-92-23 Page 2 Public Hearing for 1992-1993 Fiscal Year Tentative Budget: Ad Valorem Millage-Discussion; Recompute and announce Tentative Millage Rate and Adopt Tentative Millage Rate; Adopt Amended Tentative Budget: Manager Rozansky said the purpose of this Tentative Budget Hearing is to adopt the Tentative Budget for Fiscal Year 1992-93. The Hearing is held pursuant to law. The first substantial issue to be discussed is the percentage increase in millage over the rolled back rate necessary to fund the budget if any and the specific purposes for which the ad valorem revenues are being increased. Prior to conclusion of the Hearing the Commission shall receive public input, amend the Tentative Budget as it sees fit, recompute the proposed millage rate; publicly announce the percentage if any by which the proposed millage rate exceeds the rolled back rate, then the Commission will adopt the Tentative Millage and finally it will adopt the Tentative Budget for FY 1992-93. Manager Rozansky briefly reviewed the Revenues. Total Revenues for the General Fund are $6,705,223 and total Budgeted Revenues are $11,009,614. Total General Fund Expenditures are $6,705,223 and Other Operating Funds are $4,304,391; total $11,009,614. This Budget allows for a clerk and a Resourse Officer in the Police Department; four maintenance people, a program coordinator and secretary in the Recreation Department and three firefighters. The Pension is 4%; Merit Increases 0-6%, paid health and life insurance, sick leave, vacations and 10 holidays and Workmen's Compensation. Mayor Ku1bes recessed the Commission Meeting and opened the Public Hearing to the public. John Ferring spoke about the surplus monies that are returned to the City from the publication of the Winter Springs Bulletin. He asked if those monies could be retained by the Civic Association this year. He said they are in need of updating their holiday decorations for the City. No one spoke against the Budget. Mayor Ku1bes closed the Public Hearing and reconvened the Commission Meeting. Commissioner Kaehler spoke about the memo from the Finance Director regarding the salary variance. Discussion followed on merit increases. Commissioner Kaehler asked for an explanation in writing regarding $5,000 difference in merit increases. Manager Rozansky reviewed the Revenues of the Winter Springs Water & Sewer West which totaled $2,531,392. Then the Expenditures for WSWS West were reviewed. Total expenditures $2,531,392. Then Manager Rozansky reviewed the Revenues and Expenditures for WSWS East which totaled $2,583,222. Mayor Ku1bes then recessed the Commission Meeting and opened the Public Hearing. No one spoke for or against the Utilities' Budgets. Mayor Ku1bes closed the public hearing and reconvened the Commission Meeting. Manager Rozansky said the proposed Tentative Millage is 3.6153 mills and this is an increase of .05% over the rolled back rate millage of 3.6136 mills. This has to be depicted as an increase in taxes. . . . Regular Meeting, City Commission, Sept. 14, 1992 Page 3 91-92-23 Manager Rozansky said the reason Ad Valorem Revenues are being increased .05% over the rolled back rate is to adequately fund the General Fund Budget so as to provide for mandated and other required services to insure the health, safety and welfare of the residents. Manager Rozansky recommended the Commission adopt this Budget. Motion was made by Commissioner Torcaso to adopt the Tentative Millage Rate of 3.6153 mills. 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. The Totals of the Tentative Budget are: total General Fund $11,009,614; Winter Springs Water & Sewer West $2,531,392; Special Funds, Renewal & Replacement $64,500; Construction Fund $484,008; Prior year allocation of $75,000; Winter Springs Water & Sewer East $2,583,222; Renewal & Replacement $15,500. Motion was made by Commissioner Torcaso to adopt the Tentative Budget as submitted. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye Commissioner Donnelly, no; Commissioner Kaehler, no; Commissioner Torcaso, aye; motion carried. Commissioner Kaehler said she would like to clarify her no vote. She felt that this was a very fair budget. She really did not want to have to vote no but during the many Workshop Hearings she asked very specifically for explanations, very clear explanations and stated at that time, if she did not get the explanations, that she would not vote for this budget. Mayor Kulbes called a recess at 8:55 p.m. and called the meeting back to order at 9:05 p. m. Public Hearings and Second Readings of Ord. NO. 527, relating to Interim Services Fees, etc; Ord. No. 528, providing for Franchise Fee for Bellsouth Telecommunications, Inc. etc. and Ord. No. 529, amending the 1991-92 Fiscal Year Budget, etc.: Attorney Kruppenbacher read Ord. No. 527, 528 and 529 by title only on second reading. Mayor Kulbes recessed the Commission Meeting and opened the Public Hearing for Ord. No. 527. 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. 527. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Mayor Kulbes recessed the Commission Meeting and 528. No one spoke for or against the ordinance. hearing and reconvened the Commission Meeting. opened the public hearing for Ord. No. Mayor Kulbes closed the public Motion was made by Commissioner Kaehler to adopt Ord. No. 528. 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. . Regular Meeting, City Commission, Sept. 14, 1992 Page 4 91-92-23 Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord. No. 529. No one spoke for or against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Langellotti to adopt Ord. No. 529. 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. Financial Advisor Report-Water & Sewer Refunding/Consolidation: Resolution No. 683 and 684 were removed from the Agenda. Mr. Lentz explained because of the effect of the hurricane on the bond insurance community, MBIA has asked for an extension. He said as soon as he hears from them, he will get back to the Commission and ask the Commission to approve the bond sale, the bond resolutions and the preliminary official statement. Bill Jacobs, S. Edgemon Avenue, asked whether or not it was permissible for the City to utilize money, men and/or materials from one utility to the other. He also asked can the two issues be refunded without consolidation and the other question, why are we consolidating? He also asked about what should be done with the two plus million dollars at WSWS West. Manager Rozansky was asked to contact Attorney Lang for the answers to these questions. . City Manager Ricahrd Rozansky: Computerization: Manager Rozansky said at the Workshop the Commission agreed that this is the general direction we want to move as outlined in Mr. Kern's letter of September 8th. He asked for some kind of formal approval. Commission was in agreement to move on and a motion was not necessary as it was already in the budget. Tuscawilla-Maintenance of Common Areas: Mr. Genova explained the issue first arose in 1988 and has been on-going. He said they are faced with urgency and something has to be done. Attorney Kruppenbacher explained the preliminary legwork has been done and now the issue becomes how is the City or if the City is going to deal with the maintenance of those areas. Attorney Kruppenbacher said the City has a multitude of options. They could say they are not going to deal with it, its not our property, and to the extent the City does own any of the property, we will maintain it. The City could decide to have a referendum to see whether or not the homeowners wanted a district to take care of it. That route would be an enormous delay. Or the City could go with the creating of a neighborhood improvement district, created by the Commission and designed to allow them to raise the funds across the P.D.D. with the City controlling and appointing members of the Board to sit there, or it could go through a special assessment process. Attorney Reischmann said he lives in Tuscawilla and has been retained by the home- owners of Tuscawilla to try to give some legal guidance as to what the options are. He said he contacted the City of Fort Lauderdale because they have created seven of these types of districts and they have learned of some of the advantages and dis- advantage. . Regarding the referendum, if the proposed district was the geographical area of Tuscawilla, you would have every registered voter whether or not the voter was a renter, or owner voting on it. The way these referendums are set up, if someone fails to send back their ballot it is counted as a no vote. Attorney Reischmann Regular Meeting, City Commission, Sept. 14, 1992 Page 5 91-92-23 . feels there is some legitimate concern whether or not you could obtain a fair and impartial vote on whether the referendum could be passed. Then there is the cost of the referendum and the delay. Attorney Kruppenbacher suggested a workshop be called to discuss this issue. The issue was put on the Workshop Meeting for Monday, Sept. 21. Attorney Reischmann said this is a very complicated and controversial issue and under any scenario that the Commission chooses, there is not going to be any revenues coming in for a substantial period of time. Manager Rozansky said the Tuscawilla Homeowners Assn. would take care of the median and the entranceways in the meantime and the City would be responsible for the right of ways. Mr. Genova said he sent a memo that as of Oct. 1 the Homeowners Association will take care of those properties contingent upon something being done hastily. Paul Partyka, Oswego Court, said they want to keep the property pretty and it would cost approximately $35.00 per household per year. . Tuscawilla-Water Treatment Plant: Report/Findings of electrical malfunction 8/14/92 and Recommended corrective action: Manager Rozansky reported he gave the Commission a report along with a memo from the Utilities Director, the Fire Marshall's report and also the Building Inspector's report. Terry Zaudtke referred to his memo of Sept. 8 regarding the recommended corrective action. His recommendations are as follows: 1. Make minimal repairs to the existing electrical system to make it fully operational in accordance with electrical code. This involves repair/ replacement of the No. 1 disconnect and some additional wiring. 2. Prepare a design for a new electrical system capable of 1200 Amps. 3. Prepare a design for a new high service pump to meet FDER requirements. 4. Bid the new electrical system as soon as possible and proceed with construction. 5. Implement the pump design project as required by FDER. Motion was made by Commissioner Torcaso that we approve five items proposed by Conklin, Porter & Holmes. 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. Reports: Manager Rozansky said the City Engineer has a report on Unit 14C. Leonard Kozlov, City Engineer, reported on the borrow pit issue. He said we presently are in a phase of a hearing which for the moment has been delayed by the other side. Last week we received a copy from SJWMD an exemption for any kind of a permit to Sullivan Materials. They were given an exemption in lieu of going forward with the permit for 14C. Mr. Kozlov explained the Sullivan people went ahead and applied for a consumptive use permit from the SJWMD. With the concurrence of the Commission the City proceeded to challenge the proposed issuance of a permit. In the process of their application situation we filed a petition to challenge the issuance of that permit. . The hearing has been delayed until October, and Mr. Jeff Elridge in Palatka went ahead and reissued a letter saying that that particular permit is not necessary and Regular Meeting, City Commission, Sept. 14, 1992 Page 6 91-92-23 . Sullivan Materials now has an exemption from any kind of a permit from the St. John's for l4C. Mr. Jonas asked if they can now go ahead and dig the borrow pit and Mr. Kozlov answered no, they initially came to this Commission requesting a permit and it was denied. The reason for the exemption was because they were not discharging water off site. Mr. Kozlov said we are still in the process for a hearing with DER on Unit 15 which is the area that runs on the southern perimeter of SR 434 on the other side of the railroad tracks. Attorney Kruppenbacher explained in order for an entity to dig a borrow pit in this City they have to obtain a permit from this City Commission. He said he needs the Commission's authority because there is some discussion to use Mr. McIntyre and he has been on a hold status because of the cost. The City Manager explained we are paying the engineer and they are using him as their engineer. After discussion, City Attorney Kruppenbacher asked if he could have the authority to take the steps to properly protect the City and he will come back. He said he would get with the City Manager and City Engineer. Attorney Kruppenbacher spoke about the meeting of the Board of Trustees with representatives from the Florida League of Cities. He said Mr. Ferring asked about having a financial advisor to advise them so they can evaluate all this information. Attorney Kruppenbacher spoke to Mr. Lentz and he offered gratis to sit with the Staff and Pension Board Trustees and give them his insight based on his years of experience. Attorney Kruppenbacher stated the new Ordinance will start in November. . Commission Seat II - Don Jonas: Commissioner Jonas asked about the Warren Williams property. Don LeBlanc, LDC, said they are redoing all those plans for Highland Lakes. Commission Seat III - John Langellotti: Commissioner Langellotti asked about Code Enforcement and Attorney Kruppenbacher suggested changing their meeting times to once a month. Commissioner Langellotti asked that the street lighting issue for Country Club Village be put on the agenda for the next Regular Meeting. Commission Seat IV - Terri Donnelly: Commissioner Donnelly said she is hoping to take a vacation so she will not be here on Sept. 28th. Commission Seat V - Cindy Kaehler: Commissioner Kaehler asked that an audit be done for Cablevision by Ernst & Young to have the gross receipts checked. She said Mr. Bertram said there would be no cost to the City and she would hold him to that. . Commissioner Kaehler reported that the Tourist Development Council and the Soccer facility people had a meeting on Friday and all the facilities that were looked at were rated. She said the property that is being recommended now is County owned and the next one on the list is Winter Springs. She said this property is in the We kiva jurisdiction and they have to have a hearing. If there is any problem or anyone protests that will set their schedule back. Commissioner Kaehler suggested we should proceed as though it were still active, and Commission was in agreement . . . Regular Meeting, City Commission, Sept. 14, 1992 Page 7 91-92-23 for Staff to proceed. Commission Seat I - John V. Torcaso: Commissioner Torcaso spoke about raises for employees and 6% for retirement. Mayor's Office: Mayor Kulbes spoke about Chief Govoruhk's report on the new school zones within the City. He suggested sending the School Board a letter stating we would appreciate if they would confer with us before they take action in our City. Manager Rozansky spoke about the nine - ten acre site next to the park, we would like to get for use of the City but that it needs to be appraised. Commission was in agreement to get it appraised. Meeting was adjourned 11:15 p.m. Respectfully submitted, ~t~ City Clerk ,MAYOR