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HomeMy WebLinkAbout1992 09 28 City Commission Regular Minutes . . . 91-92-24 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS SEPTEMBER 28, 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, absent Cindy Kaehler, present For the invocation Deputy Mayor John Langellotti asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Cindy Kaehler. Approval of minutes of Sept. 14, 1992: there were no additions or corrections; the minutes stand approved as presented. Public Comment: Janet Cariel, Walden Way, read a statement about being harassed which is attached to the minutes. This matter will be referred to the Code Board. James Dasher, Galloway Court, spoke about the unsightly growth on Shepard Road which is an entrance to the City. He asked if it could be corrected. Dick Denny, Pebble Beach Circle, talked about last week's Workshop Meeting on the maintenance in the Tuscawilla area. Attorney Tom Lang introduced Dan Webster who is running for Congress. John Bush, Tarpon Circle, thanked the Mayor and Commission for the way they run the meetings and allow people to speak. Kathleen Roy, Tuscora Road, spoke against the proposed high school in the Tuscawilla area. Kurt Steinebronn, Tuscora Drive, spoke about the proposed high school and the realign- ment of Tuscora Road. Attorney Kruppenbacher reported the hearing was held today on the Armando Guarin garage door case in Greenspointe. Judge McGregor supported the City's position and has ordered Mr. Guarin to comply within 30 days. Motion was made by Commissioner Torcaso to read Ord. No. 532, 530, 531, 533, Resolution No. 686, 687, 688, 690, 691 and 692 by title only. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Attorney Kruppenbacher read Resolution No. 685, setting the Ad Valorem Tax millage rate for Fiscal Year 1992/93 in its entirety. . . . Regular Meeting, City Commission, Sept. 28, 1992 Page 2 91-92-24 Attorney Kruppenbacher read the following Ordinances and Resolutions by title only: Ord. No. 532, adopting the Municipal Budget for the FY 1992-93; Ord. No. 530, to extend its territorial and municipal limits to annex the hereinafter described lands (Sprague) etc.; Ord. No. 531, setting forth the procedures for the determination of vested rights; Ord. No. 533, vacating, abandoning and closing that ten foot conservation easement located to the rear of Lot 110 and that fifteen foot conservation easement, etc.; Resolution No. 686, establishing the equivalent residential unit (ERU) for a storm- water management utility, etc. Resolution No. 687, establishing the monthly fee to be paid for a Stormwater Management Utility, etc. Resolution No. 688, providing for establishment of an interim services fee, etc. Resoltuion No. 689, authorizing and approving the expansion of the utility functions of the City's existing water and sewer systems of the City by merging the two systems into one system, etc. Resolution No. 690, authorizing the issuance of not exceeding $15,000,000 Water and Sewer Refunding Revenue Bonds, Series 1992, of the City of Winter Springs, Florida, etc. Resolution No. 691, providing for the early redemption of the outstanding City of Winter Springs, Florida Water and Sewer Revenue Bonds, Series 1990, providing for the Notice of Redemption, etc. Resolution No. 692, authorizing the negotiated sale of City of Winter Springs, FL Water and Sewer Refunding Revenue Bonds, Series 1992; awarding the sale thereof to Prudential Securities, Inc., Gardnyr Michael Capital, Inc., A.G. Edwards & Sons, Inc., The Leedy Corp., William R. Hough & Co., and Harcourt Ryder Capital,Inc. subject to the terms and conditions of a purchase contract, etc. Final Budget Hearing-Fiscal Year 1992-93 Budget-General Fund, Special and State; 1. Second Reading of Budget Ord. No. 532; Adopt: (a) Res. No. 685 setting the Ad Valorem Tax Millage Rate for FY 1992/93 and (b) Budget Ord. No. 532: Manager Rozansky explained the purpose of this Public Hearing is to finalize the Budget, adopt the final millage rate and adopt the final Budget. The law requires the first substantive issue to be discussed shall be 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. During the discussion the Commission shall hear comments regarding the proposed increase over the Rolled Back Rate. The general public shall be allowed to speak and ask questions prior to the adoption of any measure by the Commission. Prior to the con- clusion of the Public Hearing the Commission shall receive public input, amend the Tentative Budget as it sees fit, recompute the millage rate and publicly announce the percentage if any by which the proposed final millage rate exceeds the rolled back rate. The adoption of the Budget Ord. No. 532 and adoption of the Millage Rate, Resolution No. 685 shall be by separate votes with the Resolution No. 685 being read in its entirety and adopted first. Finally, a Summary of the FY 1992-93 Budget along with the required Notice of Tax Increase has been published in accordance with Florida Statutes in both the Sanford Herald and the Orlando Sentinel, and I believe that we have met all the legal requirements of the law. . . . Regular Meeting, City Commission, Sept. 28, 1992 Page 3 91-92-24 Manager Rozansky explained he will review the General Fund, the other funds and the Winter Springs Water and Sewer East and West. He reviewed the revenues of the General Fund which total $6,705,223. The other funds total $4,303,791 for a total of $11,009,614 total budgeted revenues. General Budget. Manager Rozansky then reviewed the expenditures of the General Fund which total $6,705,223. Total expenditures of the other operating funds $4,304,391, for total General Fund expenditures $11,009,614. Manager Rozansky then reviewed the Personnel and Benefits and the other funds. Then Winter Springs Water & Sewer West was reviewed. Total Budgeted Revenues $2,531,392; Renewal & Replacement Funds $64,500; 1991 Construction Fund $484,008 and Revenue Generation Fund $75,000. On the expenditure side, total expenditures amounted to $2,531,392; Renewal & Replacement Funds $64,500; 1991 Construction Fund $484, 008 and Revenue Generation Fund $75,000. Then Winter Springs Water & Sewer East was reviewed. Total Budgeted Revenues $2,583,222; Renewal & Replaccement Funds $15,500. On the expenditure side, total expenditures $2,583,222 and Renewal & Replacement Funds $15,500. Mayor Kulbes recessed the Commission Meeting and opened the Public Hearing to hear comments from the public on the 1992/93 Fiscal Year Budget. John Morgan, Troon Trace, asked about merit raises, asked about road resurfacing and equipment for the Police and Fire Departments. John Ferring, Benitawood Drive, asked how much extra revenue will be received as a result of the .05% increase over the rolled back rate. The Finance Director answered approximately $38,000 to $39,000 dollars. Kurt Steinebronn, Tuscora Drive, supported purchasing lap top computers for the Police Department. No one spoke against the Budget. Mayor Kulbes closed the Public Hearing and reconvened the Commission Meeting. Manager Rozansky explained the proposed Tentative Millage Rate is 3.6153 mills. This is an increase of .05% over the Rolled Back Rate of 3.6136, and thus it is an increase in property taxes. The purpose of the increase is to adequately fund the General Fund Budget and provide for the health, safety and welfare of the city residents. Motion was made by Commissioner Torcaso to adopt Resolution No. 685 which sets the Ad Valorem Tax Millage for the FY92-93. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Motion was made by Commissioner Torcaso to adopt Ord. No. 532 the Budget Ordinance. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. . . . Regular Meeting, City Commission, Sept. 28, 1992 91-92-24 Page 4 Public Hearing and Second Reading of Ord. No. 530, annexing Sprague Components into the City of Winter Springs, FL etc.: Mayor Kulbes recessed the Commission Meeting and opened the Public Hearing. John Ferring, member of the Planning & Zoning Board, spoke about the contamination of the property. Commissioner Kaehler spoke about the letter from Seminole County regarding the annexation. Motion was made by Commissioner Kaehler to table. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, no; Commissioner Jonas, no; Commissioner Langellotti, aye; Commissioner Kaehler, aye; Mayor Kulbes, no; motion failed. Motion was made by Commissioner Torcaso to approve Ord. No. 530. Seconded by Commissioner Jonas. Discussion. In discussion Commissioner Kaehler spoke about the contamination on the WSWS East site. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, no; Commissioner Kaehler, no; Commissioner Torcaso, aye; Mayor Kulbes, aye; motion carried. Mayor Kulbes called a recess at 9:50 p.m. and called the meeting back to order at 10:00 p.m. Public Hearing and Second Reading of Ord. No. 531, setting forth the procedures for the determination of vested rights; providing for an application form; providing for time limitations to file vested rights applications; etc.: Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord. No. 531. Don McIntosh, McIntosh & Associates, asked for one point of clarification. Sec. 3A, Item 1 describes the provisions for which vested rights determination should be approved and a requirement of the applicant to demonstrate what he believed the intention was all of the following with the difficulty being that a) and b) were kind of either/or; he said his question refers to the problem or condition where an individual did satisfy either a) or b) and has subsequently sold the property to a third party. He said he had asked the attorneys at the time and believes he was told the intention here is that the vesting is a transferable right and the vesting runs with the land, and he wanted to make sure that is a correct assumption. Mayor Kulbes answered he thought he was correct. Mayor Kulbes closed the public hearing and re- convened the Commission Meeting. Commissioner Kaehler said if we put a certain land classification on a certian piece of property and a developer comes in, she said she is not denying there are cases of vested rights but in some of these cases such with the common law it is very subjective. When we do a rezoning, it is a subjective opinion. The public is notified, they bring out the facts, they bring out concerns. In this particular instance what in effect becomes a rezoning, a change of the land classification is done by permit. The only time the public even knows about it is if there is an appeal because he was turned down, behind closed doors and in essence you have a rezoning. She said she did not think that is proper. Motion was made by Commissioner Kaehler to table. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Attorney Kruppenbacher said it is tabled until the next meeting. Regular Meeting, City Commission, Sept. 28, 1992 Page 5 91-92-24 . First Reading of Ord. No. 533, vacating, abandoning and closing that ten (10) foot conservation easement located to the rear of Lot 110; and that fifteen (15) foot conservation easement tapering to the east located to the rear of Lot 108; both lots in Highland Village Two, etc.: This ordinance will be set for public hearing. Resolution No. 686 establishing the Equivalent Residential Unit (ERU) for a Storm- water Management Utility, etc.: Motion was made by Commissioner Torcaso to adopt Resolution No. 686. Seconded by Commissioner Lange11otti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Lange11otti, aye; motion carried. Resolution No. 687 establishing the monthly fee to be paid for a Stormwater Manage- ment Utility, etc.: Motion was made by Commissioner Torcaso to adopt Resolution No. 687. Seconded by Commissioner Lange11otti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Lange11otti, aye; Commissioner Kaehler, aye; motion carried. Resolution No. 688 providing for establishment of an interim services fee, etc.: Motion was made by Commissioner Torcaso to adopt Resolution No. 688. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Lange11otti, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. . Lighting-Country Club Village: Attorney Kruppenbacher is to get a letter off to the Attorney General explaining exactly what it is we are asking to do. Motion was made by Commissioner Lange1lotti directing the City Manager and the City Attorney to take the steps to proceed forward to assure that we legally can do it with the Attorney General and then from there we will move. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Tuscawi1la High School Site Evaluation/Direction-Diane Kramer: Diane Kramer, School Board Facilities Planner, 1211 Mellonville Ave., Sanford, spoke to the Commission. She said the School Board will be holding a public hearing on October 13, 1992. They have signed option contracts on both sites, one site next to City Hall and the Tuscawilla Site. They have not made a final decision. She said she sent a letter outlining some of the questions they had. She asked what approvals would be needed from the City on the Tuscawilla site, and she asked would you not require an amendment to the Master Plan of the PUD? Attorney Kruppenbacher answered he would get an answer to that question. Mrs. Kramer explained that in evaluating the two sites she needed to know whether she would be looking at putting a road through. Attorney Kruppenbacher explained there is nothing that this Commission can say tonight that you can rely on to the contrary. He advised the Commission against saying their opinions. . Regular Meeting, City Commission, Sept. 28, 1992 Page6 91-92-24 . Ms. Cassell, property owner, spoke for the Tuscawilla site. Kurt Steinebronn, Tuscora Drive, spoke against the Tuscawilla site. Resolution No. 689, authorizing and approving the expansion of the Utility Functions of the City's existing water and sewer systems of the City by merging the two systems into one system, etc.: Motion was made by Commissioner Torcaso to approve Resolution No. 689. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Resolution No. 690, authorizing the issuance of not exceeding $17,000,000 Water and Sewer Refunding Revenue Bonds, Series 1992, etc.: Mr. Bill Jacobs, S. Edgemon Avenue, said he is not opposed to the City saving money by consolidation. He asked the City to explain what their intentions are after consolidation. He asked what will the City do with the two million dollars in WSWS West, what will the City do if the rates have to be raised, and what will the City do for accountability and will separate enterprise funds be kept. After discussion it was suggested Mr. Jacobs meet with the City Manager and allow him to account to Mr. Jacobs. Motion was made by Commissioner Kaehler to adopt Resolution No. 690 as amended (changed from $15,000,000 to $17,000,000). Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Kaehler, aye; motion carried. . Resolution No. 691, providing for the early redemption of the outstanding City of Winter Springs, Florida, Water and Sewer Revenue Bonds, Series 1990, etc.: Motion was made by Commissioner Kaehler to adopt Resolution No. 691. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Resolution No. 692, authorizing the negotiated sale of $ City of Winter Springs, Florida, Water and Sewer Refunding Revenue Bonds, Series 1992; awarding the sale thereof to Prudential Securities, Inc., Gardnyr Michael Capital, Inc., A. G. Edwards & Sons, Inc., The Leedy Corporation, William R. Hough & Co., and the Harcourt Ryder Capital, Inc., subject to the terms and conditions of a Purchase Contract, etc.: Jim Lentz explained the figure to be placed in the resolution is $16,015,000; the number of years is 28, the total amount of interest is $17,665,319.63 and the debt service is $1,255,586.26. Motion was made by Commissioner Kaehler to approve Resolution No. 692. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. City Manager-Reports: Manager Rozansky said they did have a meeting on Sept. 28, 1992 with the Developer and the homeowners, and the Commission has received a copy of the report. . Manager Rozansky said he sent the Commission copies of the letter he received from I.W.S. regarding the increase in tip fees. . Regular Meeting, City Commission, Sept. 28, 1992 Page 7 91-92-24 Commission Seat III-John Langellotti: No report. Commission Seat V -Cindy Kaehler: Commissioner Kaehler spoke abont the foreign teams that are looking for places to train and she asked if a committee could be formed, a sports search committee, This will be on the next agenda. Commission Seat I -John V. Torcaso: No report. Meeting was adjourned 11:20 p. m. Respectfully submitted, . ~4utT?ZnZ:J Mary T. Norton, City Clerk YOR