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HomeMy WebLinkAbout1992 11 09 City Commission Regular Minutes 92-93-3 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 9, 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 City Manager Richard Rozansky. Mayor Kulbes recessed the Commission Meeting, and the City was presented with new flags by the VFW. The pledge of allegiance to the flag was led by the VFW and Commissioner John V. Torcaso. Mayor Kulbes called the meeting back to order at 7:35 p.m. Approval of minutes of October 26, 1992 - there were no additions or corrections; the minutes stand approved as presented. Mayor Kulbes expressed appreciation to the Veterans of Foreign Wars Post 5405 for their contribution of new flags to the City. Mayor Kulbes acknowledged the Boy Scout Troop 196 who were in attendance. . General Agenda: Borrow Pits - Request for Reconsideration: Attorney Rob Rosen who represents the person who has an option to purchase the land, Sullivan Properties, and Attorney Jim Seay, counsel with MacGuire, Voorhees & Wells, for Hubbard Construction, were present. Attorney Kruppenbacher explained the City is in litigation regarding the permitting of Sites 15 and l4C. The State has now taken the position they are exempt from permits on the l4C Site. Attorney Kruppenbacher explained this discussion this evening is in the nature of settlement discussion, and therefore cannot be used against the City nor against Sullivan Properties or Hubbard, or anyone else; it is in the nature of settlement discussion. Attorney Kruppenbacher said he was contacted by the Attorney for Hubbard Construction, Attorney Jim Seay who advised that circumstances had changed and they were in need of dirt and were negotiating with Sullivan Properties. Site 15 is where they would be looking to construct what they would plan on as a recreation lake. He said this Commission would have to make the decision to permit the land use to be changed under the Settlement Agreement and go through the process to allow this operation to go forward. Rather than expend further dollars for all the experts and engineers, we need to have that fundamentally answered Attorney Seay, attorney for Hubbard Construction, explained that Hubbard Construction is interested in the prospect of conducting excavation on the site but that there are a number of matters to be resolved. The initial matter is whether the City Commission . would be willing to consider amendment of the Settlement Agreement. . . . Regular Meeting, City Commission, November 9, 1992 Page 2 92-93-3 Attorney Rosen explained they would propose to repay the City for the cost of the engineer in preparing the letter outlining exactly what it is he needs to render his final opinion, and also ask this Commission, given the time that has been expended to date and given the time constraints that Hubbard is under in proceeding with the Expressway, and finding the fill required for the Expressway, based upon the permits that were issued and based upon what they believe will be an engineer's approval, and recommendation to the City, they would ask that the City schedule a Public Hearing two weeks from this evening to review the Settlement Agreement, to look at the permits issued for the excavation of the lake and also to look at the administrative appeal and whether the City would drop that based on the approval moving forward. Commissioner Kaehler said the first project was presented as the recreational lake for the residents of Tuscawilla. She said what we are looking at now is a recrea- tional lake only for those people who live around the lake. She said there was a question of maintenance, and there is still a question of maintenance. She spoke about the need for the dirt and she said she still has environmental concerns on this property. Mrs. Isabella Laub, Blue Spruce Court, Gary Alcart, resident and Dick Denny, Pebble Beach Circle and Glenn Childs, Wildcat Court, all spoke in discussion. Motion was made by Commissioner Kaehler that this Commission's policy position is that it is not disposed to changing its Comprehensive Plan and its Settlement Agreement as it relates to this property. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commisisoner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. First Reading of Ord. No. 535, vacating, abandoning and closing a part of Oneida Lane (50' R.O.W.) and Otisco Way (50' R.O.W.), etc.: Motion was made by Commissioner Torcaso, seconded by Commissioner Langellotti to read Ord. No. 535 by title only on first reading. 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. 535 by title only on first reading. First Reading of Ord. No. 536, amending a scrivener's error in Sec. 15 Effective Date of Ordinance No. 513: Motion was made by Commissioner Torcaso, seconded by Commissioner Langellotti to read Ord. No. 536 by title only on first reading. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Attorney Kruppenbacher read Ord. No. 536 by title only on first reading. Appointments/Reappointments to Code Enforcement Board - (Gray & Lyzen) Motion was made by Commissioner Torcaso to reappoint Gray and Lyzen to the Code Enforcement Board. Seconded by Commissioner Kaehler. 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, November 9, 1992 Page 3 92-93-3 Approval to execute City Deed - Parcel No. 107.1R Resolution No. 696, regarding right of way - Parcel No. 107.1R: The City Engineer, Leonard Kozlov, explained there has been a City Deed request from the DOT along the right of way on the other side of the railroad tracks all the way to the Expressway to deed any utility easements, etc. that we may have within the right of way for the DOT. This is standard procedure. Motion was made by Commissioner Kaehler to table. Seconded by Commissioner Torcaso. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. City Manager Richard Rozansky: Industrial Waste Services; Landfill Tipping Fees/Request for Rate Increase and Ord. No. 537 Mandatory collection of solid waste: Manager Rozansky explained Mr. Wilson and Mr. Daly from Industrial Waste Services are present this evening. Their request for a rate increase was discussed at the Workshop Meeting on Nov. 2nd, and the Commission instructed them to be back at this meeting for action. They are asking for the increase based on the formula of 1.3 tons per year per individual it amounts to $1.40. Motion was made by Commissioner Kaehler to approve the landfill tipping fees schedule as presented ($1.40). Seconded by Commissioner Langellotti. Discussion. Mr. Chiles, Wildcat Court, spoke in discussion. Motion was amended by Commissioner Kaehler, seconded by Commissioner Langellotti, to be effective retroactive to October 1, 1992 and also the increase for commercial. Vote on the motion as amended: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Motion was made by Commissioner Langellotti to read Ord. No. 537 by title only on first reading. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Attorney Kruppenbacher read Ord. No. 537 by title only on first reading. Tuscawilla-Oak Forest Survey: Manager Rozansky explained there was a meeting with the President of the Homeowners Association and Attorney and the Commission has been given a copy of the resulting survey. The first blank was annual basis costs which is $144,000; second blank was approximate number of property owners which is 3,000; third blank comes to $4.00 a month. Manager Rozansky said they wanted to publicize this some more in the local newspaper and the homeowners newsletter and if there are any changes to let him know. Dick Conniff explained there was a Board Meeting discussing this subject and the feeling was they wanted a little more time in order to let everyone in the Tuscawilla area understand exactly what they are talking about and have an opportunity to voice their opinion. Mr. Chiles spoke about the holidays coming up, people being out of town and will not respond to the survey if it is sent out now. Mrs. Laub also spoke . . . Regular Meeting, City Commission, November 9, 1992 Page 4 92-93-3 about making the people aware of what the survey was all about. John Ferring said the people of Oak Forest want to be included. Paul Partyka said the most important thing is education of everyone out there. Thomas Whitstead asked the Commission to appoint the 5 people to get started. Attorney Kruppenbacher said they will finalize the survey by adding in the figures Mr. Rozansky gave, cleaning up the word control; putting in there will be a five member advisory board appointed by the City Commission which five members shall be comprised of residents of the areas assessed. Acquisition of Fire Trucks: Manager Rozansky explained the fire trucks have been approved and are in the budget. After looking at ways to finance them, he said they found if they wait and finance them in January they can get a much better rate. He explained he would like to use the $355,000 for the two trucks; we have 82 or 83 in the Budget, take our money and buy the trucks now. In January go out and that would leave a balance in January of $272 or $275,000. Mike Stewart, Capital Market, explained they looked at two different types of financing for these trucks. One which is bank qualified and that means that the City does not finance more than 10 million in anyone year. In 1992 we did the Water and Sewer Issue so we are over that cap. Bank qualified allows financial institutions to buy these securities and put them in their own portfolio and then deduct a portion of that interest income. Mr. Stewart said the thought was to wait until January 2nd and finance on a bank qualified basis and get the lower interest rate and again save the City some money. Resolution No. 698, permanent financing of fire trucks: Attorney Kruppenbacher read Resolution No. 698 by title only. Motion was made by Commissioner Torcaso to adopt Resolution No. 698. 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. Manager Rozansky suggested there be a meeting with all the people involved because the opening of the park will be December 5th. Attorney Kruppenbacher spoke about the Armando Guarin garage lawsuit and said the Judge reserved jurisdiction on the issue of what fine would be assessed. Attorney Kruppenbacher recommended to go to Judge McGregor and say we would like the City reimbursed for its out of pocket costs filing the lawsuit and any legal fees it incurred. He said to just leave it to the Judge, and the Commission was in agree- ment. Commission Seat I - John V. Torcaso: Motion was made by Commissioner Torcaso that the retirement be changed from 4% to 6%. Seconded by Commissioner Langellotti. After discussion Commissioner Langellotti withdrew his second. . Regular Meeting, City Commission, November 9, 1992 Page 5 92-93-3 Commission Seat II - Don Jonas: No report. Commission Seat III - John Langellotti: Commissioner Langellotti asked the attorney the status on the interlocal agreement with Spring and Orange Avenue. Attorney Kruppenbacher explained that those people were told we are not going to do anything more, and they can go to the County, or they can annex into the City. Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Cindy Kaehler: Commissioner Kaehler said she would like to see a Workshop on the increase in the city's contribution to the pension plan for city employees. She said she wanted figures where the money is corning from and how this extra 2% is going to affect the fund. Mayor's Office: Mayor Kulbes called a Workshop Meeting for Nov. 16th to discuss the pension increase. Resolution No. 697, endorsing the establishment of a county-wide safety busing committee composed of representatives from Seminole County, etc.: . Attorney Kruppenbacher read Resolution No. 697 by title only. Motion was made by Commissioner Torcaso to approve Resolution No. 697. 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. Meeting was adjourned 9:14 p. m. Respectfully submitted, ~r:~ Mary T. Norton, City Clerk ,MAYOR .