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HomeMy WebLinkAbout1992 10 26 City Commission Regular Minutes ~ . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS OCTOBER 26, 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 Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Manager Richard Rozansky. Approval of minutes of October 12, 1992: there were no additions or corrections; the minutes stand approved as presented. Public Comment: Mr. Robert Daves, N. Brassie Drive, spoke about IWS and the increase in tipping fees. Kathleen DeGrenia, Executive Director of the Highlands Homeowners Assn., thanked the Commission, City Attorney and the Code Enforcement Board because the Armondo Guarin case is finally settled. . David Dearolph, Deer Run, spoke about the garbage service and the increases in fees. General Agenda: Public Hearing and second reading of 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 tapering to the east located to the rear of Lot 108, both lots in Highland Village Two, etc.: Attorney Kruppenbacher read Ord. No. 533 by title only on second reading. Mayor Kulbes recessed the Commission Meeting and opened the public hearing. 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. 533. 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. Ord. No. 531, setting forth the procedures for the determination of vested rights; providing for an application form, etc. TABLED 10/12/92: Attorney Kruppenbacher read Ord. No. 531 by title only. Attorney Kruppenbacher explained the Commission has a revised copy of the ordinance and he has concluded it to be a material change to the ordinance that was originally advertised. . Motion was made by Commissioner Kaehler to amend the agenda to add Ordinance No. 534. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Regular Meeting, City Commission, 10/26/92 Page 2 92/93-2 . Motion was made by Commissioner Kaehler to read Ord. No. 534 by title only on first reading. 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. Attorney Kruppenbacher read Ord. No. 534 by title only on first reading. Motion was made by Commissioner Kaehler to deny Ord. No. 531. 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. Resolution No. 694 clarifying Resolution No. 689 of the City which resolution approved 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 and providing an effective date: Attorney Kruppenbacher read Resolution No. 694 by title only. Motion was made by Commissioner Torcaso to adopt Resolution No. 694. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly,aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Appointment of Commissioner Kaehler to Expressway Authority: Motion was made by Commissioner Torcaso to appoint Commissioner Kaehler to the Expressway Authority. 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 to amend the motion to reappoint Mayor Bettye Smith to the Express- way Authority. Seconded by Commissioner Langellotti. Discussion Vote on the amend- ment to the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye;Commissioner Langellotti, aye; motion carried. Appointment to Code Enforcement Board: Motion was made by Commissioner Torcaso to appoint Gene Prestera to the Code En- forcement Board. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Report on Interlocal Agreement with County for maintenance of roads, etc.-City Attorney: Attorney Kruppenbacher recommended the homeowners be asked to annex into the City, and if they do not like the level of maintenance the City is providing they can continue to be residents of the unincorporated County and should talk to their County Commiss- ioners. Attorney Kruppenbacher explained at the time the City entered into this Agreement there was a potential for litigation. In order to avoid that litigation the City entered into this Agreement, with an agreement to provide the same level of road maintenance within the area of concern that is provided elsewhere in the City. Scott Wasmund, Orange Ave., spoke to the Commission. He said he had a copy of the agreement, and was asking for the City to abide by the Agreement. City Engineer Leonard Kozlov said there is to be a meeting with the County Engineer regarding this issue. . . Regular Meeting, City Commission, Oct. 26, 1992 Page 3 92/93-2 Recommended Ballot Survey-City Attorney: Attorney Kruppenbacher passed out surveys for the Tuscawilla common areas and the Oak Forest areas which he received from Attorney Resichman who represents one or more homeowner associations. The Manager's and Attorney's recommendation would be to have staff have a simple survey that says these are the areas that you want an increased level of maintenance, and if you do, here is the projected budget, and everybody who owns property in the Tuscawilla PUD which will be defined, will be assessed an equal amount, if that is the way you want to do it, for that increased level of maintenance and then send it to the people. Oak Forest is within that PUD, but would have a separate survey and different costs. At the next Commission Meeting the Commission will adopt the survey as recommended by the Staff. Mayor Kulbes called a recess at 9:00 p.m. and called the meeting back to order at 9:10 p.m. City Manager Richard Rozansky: Seminole County Landfill Tipping Fee/IWS Rate Increase Request;Status of new contract/ ordinance to be effective January 1, 1993: Mayor Kulbes called a Workshop Meeting for next Monday evening to discuss the contract and ordinance. Mr. Willis Cowdell, Assistant General Manager was present. Review of Sec. 9-386.19 Transportation Impact Fees: Manager Rozansky reported Staff is reviewing the fees and Commission will receive a report at the next meeting. . Central Winds Park Status Report: Manager Rozansky reported he has received the appraisal on the additional ten acres and asked the Commission if he could start negotiations for the property. Commission was in agreement to do that. Billy Johnson of the Recreation Department gave a report on the problem with the lights and said they are being remedied by Palmer Electric Company. Another problem after all the rain we have been getting there is construction materials coming through the clay. Manager Rozansky reported this problem will be resolved and he will report back. Manager Rozansky reported there will be a circus held at Central Winds Park on November 17, 1992. It is a fund raiser for the Missing Children's Center. Monthly reports have been distributed. Attorney Kruppenbacher reported he has checked on the pension, and there is no problem increasing the contribution 2%. On the Sports Commission Commissioner Jonas has agreed not to attend the committee so as to avoid a "Sunshine" problem. So as to avoid an issue of a public records argument Attorney Kruppenbacher recommended it would be more prudent to create a private Winter Springs Sports Development Group. Attorney Kruppenbacher reported the City Planner is preparing the Land Development Regulations in-house. On the borrow pit issue, the hearing has been moved to December 11, 1992. They have filed a request to have the Commission reconsider their prior decision, and Attorney Kruppenbacher said he would keep the Commission apprised of the status of the matter. . . . . Regular Meeting, City Commission, Oct. 26, 1992 Page 4 92/93-2 On the street lighting issue Attorney Kruppenbacher said he sent the letter off to the Attorney General. Commission Seat V - Cindy Keahler: No report. Commission Seat I - John V. Torcaso: Commissioner Torcaso asked that the increase in the City's contribution to the Pension Fund be on the agenda for the next meeting. Commission Seat II - Don Jonas: Commissioner Jonas spoke about the City Manager's letter regarding the Seminole County School Board intergovernmental cooperation joint use facility. Commission was in agreement to allow the City Manager to send the letter to the School Board telling them the City will cooperate with them on dual use of our facilities. Commission Seat III - John Langellotti: Commissioner Langellotti commended the Public Works Department and the Recreation Department for the fine job they are doing with the parks. Commission Seat IV - Terri Donnelly: No report. Mayor's Office: Mayor Kulbes spoke about the request from Lake Mary to prepare a resolution encouraging the School Board to establish a Safety Board as a result of the tragic accident in Lake Mary at a school bus stop. Meeting was adjourned 9:45 p. m. Respectfully submitted, ltuu, -r ~ Mary T. Norton, City Clerk