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HomeMy WebLinkAbout1993 02 22 City Commission Regular Minutes . . . 92-93-11 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS FEBRUARY 22, 1993 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Ku1bes at 7:30 p. m. Roll Call: Mayor Philip A. Ku1bes, present Deputy Mayor John V. Torcaso, present Acting City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: Don Jonas, present John Lange110tti, present Terri Donnelly, present Cindy Kaehler, present For the invocation Deputy Mayor John V. Torcaso asked for a moment of silent prayer. The Pledge of allegiance to the flag was led by Acting City Manager John Govoruhk. Approval of minutes of Feb. 8, 1993 and Special Meeting of Feb. 10, 1993: There were no additions or corrections; the minutes stand approved as presented. There was no public comment. General Agenda Quest Properties-Chelsea Parc at Tuscawi11a Stormwater Retention area proposa1- tabled 2/8/93: Don LeBlanc, LDC, explained the Commission has received a package on this issue. Mr. Bolin and Mr. Robinson were present. Attorney Kruppenbacher suggested the Commission needs to make a policy decision and recommended it be subject to: appropriate legal document or signing off that we can legally take the steps to make these exchanges, sign off on any bond covenants that are involved, do an appropriate developers agreement that ties in all these conditions and have that brought back to the Commission for approval at the next meeting. Commissioner Kaehler said she would also like to see included in that what definite plans are there to improve that park site. She said she does not have a problem with making the three ponds into one pond, and the developer getting more land, but she said, when we are giving up municipal property, a deal to her is to give some- back to the citizens. Motion was made by Commissioner Jonas to accept the City Attorney's recommendation and get with the Chelsea Parc Developer and work out an agreement between the City and Chelsea Parco Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Donnelly, aye; Commissioner Lange110tti, aye; motion carried. Request of Glen Eagle Community Association-Glen Eagle Stormwater Drainage System: Leonard Koz10v, City Engineer, explained that Mr. Buck Adkins and Mr. Hubbs, who is now the major principal in the Glen Eagle Homeowners Association, came to City Hall to discuss a problem that has occurred apparently between the Homeowners Association and the golf course, Tuscawil1a Country Club, and that is the maintenance and the upkeep of the two ponds which are part of the golf course but also serve as retention/ Regular Meeting, City Commission, Feb. 22, 1993 Page 2 92-93-11 . detention ponds for the stormwater drainage facility for the entirety of Glen Eagle. Under the present agreements that have been established over the past few years in relation to the development of this project, the homeowners association is totally responsible for the maintenance and upkEep of the stormwater management utility, that means the pipe that goes into the ponds. Now what has happened is Mr. Mikes is concerned about some continual erosion at the discharge pipe around the discharge pipes themselves. There is erosion of the material of the side slopes of the pond and in the past he has had Mr. Martello repair it but this erosion still continues. Mr. Kozlov explained he understands most of this run-off water comes from the sprinkling system that serves to maintain the grass and the slope areas and the pond itself. Mr. Kozlov said the association is here this evening with the anticipation that the City take over the entire main- tenance and upkeep of this facility now in principal because we have a stormwater management utility and this facility does serve the public streets. Mr. Kozlov said he gave the Commission copies of documents that are still in effect which represent some interesting elements that really are in the favor of the owner of the golf course. Also there is a letter from Mr. Apflebach on March 3, 1988 that says the homeowners association is responsible for the upkeep of the stormwater facility. . Mr. Adkins explained part of the problem is the homeowners association and part of the problem belongs to Mr. Mikes. He said the Homeowners Association should not be responsible to correct Mr. Mikes' problem of the sheet flow off the golf course as well as the erosion caused by the irrigation. Mr. Adkins explained the homeowners association problem is localized - it is the inflow structure of the pond. There is silt that has accumulated over years during construction of Glen Eagle. Mr. Adkins said they have received a letter from Mr. Mikes stating he will have the pipe blocked on his property lines to prevent all water from entering the ponds. Mr. Reischman, Eagle Nest Circle, stated he has just been appointed to the Board. He said from what he has read the Homeowners Association, the residents of Glen Eagle have the responsibility to maintain the stormwater system itself which does not include the pond. The ponds are owned by the golf course owner. The homeowners association is planning to make a good faith effort to work with Mr. Mikes, the owner of the golf course to deal with the situation. Mr. Reischman explained he is here this evening to alert the City as to the predicament they are worried about being placed into and that is the stopage of the pipe which could create a very serious problem with regard to health, safety and welfare of the residents living along the golf course. And he asked the City to consider taking over their stormwater system. Attorney Kruppenbacher said he would see if we could get this worked out on behalf of the homeowners and report back to the Commission at the next meeting. And the Staff needs to evaluate the issue associated with ultimately recommending or not recommending taking over the ponds. . . . . Regular Meeting, City Commission, Feb. 22, 1993 Page 3 92~93-11 Acting City Manager-John Govoruhk: Appointment of Auditor Motion was made by Commissioner Langellotti to go out for bids for City Auditors. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Amendment 4 Bond Improvements-Power Easement Irrigation Contract D: Utilities Director Kip Lockcuff explained the Bids came in a little under $92,000 for this project. Terry Zaudtke made a presentation showing the different phases of the design stage, he spoke about the design construction schedule. Motion was made by Commissioner Torcaso to approve this Amendment, not to exceed $7,800 and subject to legal review. 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. Results of Tuscawilla Maintenance Survey: Attorney Kruppenbacher said at the next meeting he will be bringing the ordinances to start these special taxing districts including the lighting barring any kind of problems. Mr. John Ferring spoke about the article that appeared in the Tuscawilla newsletter as follows: "Have a nomination in mind? The Tuscawilla Maintenance Board will consist of one City staff member and four Tuscawilla property owners. This Board will prepare the budget and administer the expenses. It is your money and only you will have the right to elect the four Tuscawilla property owners to serve on the Board. The City will have the legislative authority to approve the budget and assure that the Board works in accordance with your expections." He said he had several questions as follows: How is the placing of this committee going to be handled? How does a resident who is not a member of the Tuscawilla Homeowners Association get his or her input in this matter in lieu of the fact that they do not receive any information from the Tuscawilla Homeowners Association regarding this and what are the responses of all the existing developers of the remaining properties that are still left to be built on and how is enforcement going to be enacted. Attorney Kruppenbacher explained the Commission is going to make the appointments. public will be aware of what transpires because there will be public hearings and second readings of an ordinance which will be advertised. The ultimate approval of expenditure of these dollars will come from the City Commission, they will approve budget. There will be a Board responsible for administering the budget, but this Body will appoint the Board and no one else will do it. The the the Commissioner Kaehler asked for a report from Staff on what the problems they foresee and the recommended solutions they might have to those problems. Attorney Kruppenbacher said they will work to bring this back at the next meeting. Reports: Acting City Manager John Govoruhk explained staff members have been excused from the meeting and monthly reports would be given to the Commission the 10th of every month, and if there are any questions to please contact the Acting City Manager or the Staff and if necessary they will be at the meeting. After discussion it was decided to try it for a month, and if it does not work, then go back to the way it was. . . . Regular Meeting, City Commission, Feb. 22, 1993 Page 4 92-93=11 Motion was made by Commissioner Langellotti to reappoint Mr. Al Mendelsohn to the Seminole County CDBG Program. 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. Acting City Manager Govoruhk spoke about the memo from the Recreation Director regarding the summer youth program. There was discussion of the four week program with the year round schooling starting. Mr. Whitsett said he would come back with some kind of program but he wanted to insure the safety of the children. Attorney Kruppenbacher spoke about the memo to the City Commission regarding severance benefits for City Manager Richard Rozansky which he read: "The following represents the various amounts of monies Mr. Rozansky requests as his severance package: 1. Vacation leave accrued 414 hours/51 3/4 days - $11,765.38 2. Sick leave accrued 1080 hours/135 days - $30,692.31 3. Thirty days severance per charter - $ 4,925.92 Total - $47,383.61 As to sick leave, for all other employees, we provide payment for sick leave only as a bridge to those eligible for retirement. Please note that regarding sick leave, Dick advises it was his understanding that he would be reimbursed for his accrued sick leave. Dick has spoken with me in the past that a former City Commission authorized this policy for the City Manager." Motion was made by Commissioner Kaehler that Items 1 and 3 on the Memorandum from the City Attorney to the Commission regarding severance benefits for Richard Rozansky be paid to Mr. Rozansky. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Attorney Kruppenbacher explained on Item 2 Mr. Rozansky will be advised the Commissioners have taken no action on it pending confirmation of some proof. conjunction with that, Commissioner Kaehler asked if such proof is found she also like to receive the proof that there are 135 days as well. In would Attorney Kruppenbacher presented a draft for an Ad for a City Manager. Commission Seat II - Don Jonas: Commissioner Jonas spoke about the junior poster sign at Central Winds Park. He said we have an opportunity to be able to use that sign with the hopes of getting our Public Works Department to draft up a beautiful sign that can go on top of the pole, and would advertise Central Winds Park and the cost to the City would be $250.00. It was decided that we find out what size sign, what the Codes are, then a decision will be made. Commissioner Jonas asked Attorney Kruppenbacher if he was in violation as he has had a social meeting with Rob Yeager and Mike Jones. Attorney Kruppenbacher explained he did not feel there was any violation and counseled Commissioner Jonas to sit and listen. . . . Regular Meeting, City Commission, Feb. 22, 1993 Page 5 92-93-11 Commission Seat III - John Langellotti: Commissioner Langellotti spoke about the letter from the School Board regarding the condition of Orange Avenue. He asked if we could get out of the interlocal agreement we have. Attorney Kruppenbacher said it is not a legal issue but a political issue. Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Cindy Kaehler: Commissioner Kaehler said she was not able to attend the next CALNO meeting, and Commissioner Langellotti volunteered to attend for her. Commissioner Kaehler asked if the lawsuit has been filed by Mr. Jones and Mr. Yeager. Attorney Kruppenbacher said he has not been advised that it has been filed. Commissioner Kaehler spoke about the lawsuit and said it is no wonder people do not want to get into City government politics. She said, for the record, should this lawsuit go forward it is her intent to counter sue because she will not let this matter lie. Somebody has to take the initiative here. She said, "we take an awful lot of hits in this position, some deserved and a lot are not. This is a malicious jab at me personally. I will not stand for it and I would urge the other commissioners to do the same". Commission Seat I - John V. Torcaso: Commissioner Torcaso spoke about the 1099 form he received for his expense reimburse- ment he received from the City. He said he will discuss this with the Acting City Manager and Finance Director to get this straightened out. Attorney Kruppenbacher spoke about the litigation on the permitting of the ponds with DER. He said that is still out there and a hearing is scheduled for March. City Engineer Leonard Kozlov said there are two agencies that were involved the St. John's Water Management and the Department of Environmental Regulation. He said we petitioned both agencies. Mr. Kozlov explained the St. John's came back after a petition was filed and said they do not need a permit at all, but with the DER, the Hearing issue is still on going and the Hearing date is set for March 18, 1993. Mr. Kozlov explained that is the only permit that is standing in the way of the borrow pit from going forward. Attorney Kruppenbacher reported the Browning Case has been settled. Commissioner Kaehler said we really need to go on record as protesting. She said we sat here at a meeting and we all said that we did not want to settle this case and over our objections the insurance company went ahead and settled. Attorney Kruppenbacher spoke about the lawsuit involving the drums. He said previously he received authorization to negotiate towards the settlement of some $80,000 with the seller of the utility. Attorney Kruppenbacher said he is in a position to settle the other claims for an additional $25,000 sum which would end up putting us somewhere about $40,000 out of pocket, and he recommended we settle for the following: the cost of hiring experts alone in legal fees for which we can not recover even if we win are going to exceed $50,000. Also, in discussion with the lawyers who represent the other parties, they will state the City was given the opportunity to do the inspections. . . . Regular Meeting, City Commission, Feb. 22, 1993 Page 6 92-93-11 Motion was made by Commissioner Torcaso to authorize the City Attorney to negotiate a final settlement for any outstanding claims. 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. Paul Partyka, Oswego Court, thanked the City for the Tuscawilla Road race and the help of the Police and Recreation Staff. He also spoke about a business search committee to review the applications for City Manager. Meeting was adjourned 10:10 p.m. Respectfully submitted, ~?:~ Mary T. Norton, City Clerk ~~:-.~~ ,MAYOR