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HomeMy WebLinkAbout1993 09 27 City Commission Regular Minutes 92-93-27 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS SEPTEMBER 27, 1993 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 V. Torcaso, present City Manager John Govoruhk, present City Attorney, Frank Kruppenbacher, present Commissioners: Don Jonas, present John Langellotti, 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 John Govoruhk. Approval of minutes of September 13, 1993: Amend minutes as follows: On page 1, under Public Comment, Ron Sarbo spoke about the parks. The last sentence "after discussion the consensus of the Commission was to allow them to use the fields if they pay a user fee" add the words: "if the fields are available". Minutes stand approved as amended. Marty Kramer, Chairman of the Winter Springs Art Festival gave the Commission an update on the Art Festival. He said the Festival is scheduled for December 4th and 5th at Central Winds Park. To date they have received approximately 70 entries. Mr. Kramer said they appreciate the City's support of the function and will be giving further updates as time goes on. . Harold Scott, Swan Street, said his comments are about an ongoing situation which involves taxpayers money. He said there has been so much controversy in this that it is no longer appropriate for discussion and should be dismissed, and this is in regard to the Tuscawilla Maintenance issue. Mr. Scott referred to the various times this item has been discussed. He said this is an issue that should have been resolved a long time ago, and asked that someone make a motion to end this "needless waste of taxpayer money"to allow the homeowners association to come back in, present in a package where a concrete ruling could be made by the City Attorney and Commission. Final Budget Hearing-FY 1993-1994 Budget-General Fund, Special and State: Second Reading of Budget Ord. NO. 549; Adopt: Resolution No. ~4 setting the Ad Valorem Tax Millage Rate for FY 1993/94 and Adopt Budget Ord. No. 549: Attorney Kruppenbacher read Ord. No. 549 by title only on second reading. Mayor Kulbes recessed the Commission Meeting and opened the public hearing for public comments on the budget. Mr. Art Hoffmann, Mt. Laurel Drive, commended the Police Department for their handling of the accident at Tuscawilla Road and S. R. 434. He spoke about the fund balances and year end reserves. There were no further comments from the public. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kaehler to read Resolution No. 714 by title only. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. . . Regular Meeting, City Commission, Sept. 27, 1993 Page 2 92-93-27 Attorney Kruppenbacher read Resolution No. 714 by title only. set the millage rate at 3.922Lmills for FY 1993/94. Resolution No. 714 Motion was made by Commissioner Kaehler to adopt Resolution No. 714. 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. Motion was made by Commissioner Kaehler to adopt Ordinance No. 549. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Public Hearing and Third Reading of Ord. No. 547, creating a New Chapter of "Codes Enforcement Citations," providing for a supplemental method of enforcing City Codes and Ordinances: providing intent; etc.: The Public Hearing for Ord. No. 547 has been continued for Oct. 11, 1993. Industrial Waste Services-Landfill Tipping Fee Increase Request: Charles Wilson, General Manager for Industrial Waste Services said on August 24th the Seminole County Commission approved a landfill tipping fee increase of $36.00 per ton. This increase amounts to 16.2% over the old rate of $31.00 per ton. This increase becomes effective Oct. 1, 1993. Industrial Waste Services is requesting an adjustment to the residential rates for landfill tipping fees which amounts to .54 . cents per month for residential customers, and the new rate would be $13.68. Industrial Waste Services is also asking for a .22~ cent increase per cubic yard for all commercial accounts to cover the new landfill tipping fees. Motion was made by Commissioner Torcaso to approve the .54 cents for residential and .22~ cents for commercial. 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. Commissioner Kaehler asked the City Manager to direct a letter to Seminole County asking what percentage of the increase is going to take care of the landfill and what percentage is going for improvements at Sanlando Park, and why we have to foot the bill for improvements at a ballfield. First Reading of Ord. No. 551 establishing a fee to be paid each member of a board appointed by the City Commission, etc.: Motion was made by Commissioner Kaehler to read Ord. No. 551 by title only. 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. 551 by title only on first reading. The Commission suggested that we should solicit input from the Boards. Commissioner Kaehler suggested that each Board's chairman be directed to poll their individual Boards, ask for their collective feelings and report back to the Commission. The public hearing on this Ord. No. 551 is to be scheduled for December 13, 1993. . . Regular Meeting, City Commission, Sept. 27, 1993 Page 3 92-93-27 Commissioner Kaehler referred to the letter that was read into the minutes of the last meeting, and a recommendation made that the Commission treat themselves exactly the same way, and she said she would like to comment on that. She said there was a suggestion from this individual of $175.00 for the Commission for each meeting they attend. She said she attends probably four or five meetings a month representing this City Commission on the Expressway Authority, the Tourist Development Council on the Council of Local Governnments, two Commission Meetings and usually two workshops a month. She said the Commission's budget would have to be tripled, and she asked her comments to be placed on the record, to this individual who says "we are not treating ourselves the same way as we are treating our Boards. No we are not, we are shortchanging ourselves as per usual coupled with the fact that we have to run for our seats and are not appointed to them. She asked her comments to stand on the record. Designation of City Manager as Plan Administrator for the Pension Plan: Motion was made by Commissioner Langellotti to designate the City Manager or his designee to give instructions to the bank in the event the Chairman of the Pension Board becomes incapacitated. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. . City Manager's Contract: Attorney Kruppenbacher gave the Commissioners the contract. He explained the Commission would be hiring the City Manager to perform all the duties that are required of him pursuant to the City Charter that defines the City Manager's role and responsibilities. He would also be required to act in accordance with all state laws or City ordinances. After discussion of changes to be made, Attorney Kruppenbacher said he would have this back for the next meeting. Resolution No. 715 providing for user fees and charges relating to special events held within the City of Winter Springs, etc.: Attorney Kruppenbacher read Resolution No. 715 by title only. Commissioner Kaehler asked, as this Resolution contemplates that if the event shall have more than 50 people, would they have to do something different then what they have been doing all along as far as insurance, etc. She said her concern is that we are going to get to the point that any kind of normal activities that we have at the Civic Center or Senior Center are now going to require a special waiver from this Commission, and she said she didn't think that that was the intent of this resolution. Commissioner Kaehler suggested that special event be redefined or perhaps raising the amount from 50 persons to more. This Resolution will be brought back to the Commission. Review of Utility Subordinations from FDOT: Tabled Resolution No. 696 (Parcel No. 107.lR), Res. No. 716 (Parcel No. 130.1); Resolution No. 717 (Parcel No. 111.4R); Resolution No. 718 (Parcel No. 110.4R) and Res. No. 719 (Parcel No. 111.3R): Motion was made by Commissioner Kaehler to read Res. No. 696, 716, 717, 718 and 719 by title only. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. . . Regular Meeting, City Commission, Sept. 27, 1993 Page 4 92-93-27 Attorney Kruppenbacher read all resolutions by title only. Motion was made by Commissioner Torcaso that we approve Res. No. 696, 716, 717, 718 and 719. 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. Appointments/Reappointments to Code Enforcement Board (Hoffmann & Schneider): Motion was made by Commissioner Kaehler to reappoint Art Hoffmann and Ann Schneider to the Code Enforcement Board. 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. City Manager John Govoruhk: There were no questions on the monthly reports. Manager Govoruhk said he would be taking a vacation starting next week and the Commission has a letter for Kip Lockcuff to act on his behalf. Manager Govoruhk asked the Commission to ratify the rankings of the architectural consultants in the design of the municipal public safety building which was recommended by listing the relative rankings at the Workshop on Sept. 21, 1993. . Motion was made by Commissioner Torcaso to authorize the City Manager to negotiate with the architects that were selected for the design of our public safety building beginning with the highest ranked firm and working back down to the lowest ranked firm. Seconded by Commissioner Langellotti. In discussion Manager Govoruhk stated the firms were listed 1. Architects Design Group; 2. Stottler Stagg & Associates; 3. Gee and Jenson; Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. . Commission Seat I - John V. Torcaso: Commissioner Torcaso said he has received phone calls asking if the City Manager had the authority to release any personnel that work for the City. He said he told the people to go read the Charter. He said the Charter states that the City Manager has the authority to release any person working for the City regardless of his position. Commission Seat II - Don Jonas: No report. Commission Seat III - John Langellotti: Commissioner Langellotti thanked the Utility Director for getting the water on the center island. He also wanted to commend a public works employee for taking out the dead bushes on the center island on his own time. Commission Seat IV - Terri Donnelly: No report. . Commission Seat V - Cindy Kaehler: Commissioner Kaehler spoke about the meeting of the: Expressway Authority that she serves on. She said she wanted to bring to the Authority her concern about the Tuscawilla Road widening. She was concerned with the fact that if we have a four lane free road it would detract drivers onto that road and off of the Expressway, thus lowering the amount of revenue. . Regular Meeting, City Commission, Sept. 27, 1993 Page 5 92-93-27 She said she made a motion which was tabled until the next meeting so that the Expressway Authority Director could get further information on how the traffic counts were done and how the proposed revenue was figured; whether or not it was figured with Tuscawi11a widened or whether it was figured without it widened. Then she attended a Florida Turnpike Authority meeting on the toll rates. As a City Commissioner she asked them to consider lowering the toll on the expressway to make it more attractive for people to take it to the end as opposed to getting off and riding it down to what will be a four 1aned free highway. Commissioner Kaehler congratulated the Utility Director on the letter that was in the water bills and the survey for the water reuse. Mayor's Office: Results of Qualifying: Mayor Ku1bes read the Results of Qualifying which ended Sept. 15, 1993 at 5:00 p.m.~ Mayor - John F. Bush and Paul P. Partyka Commissioner - Seat/District II - John L. Ferring and Don Jonas Commissioner - Seat/District IV - Cindy Genne11 Appointments to Transmission Authority: Mayor Ku1bes recommended Deputy Mayor John V. Torcaso be the City's representative and Commissioner John Lange110tti be the alternate. . Motion was made by Commissioner Kaehler to approve the appointments as made by the Mayor. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Lange110tti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Mayor Ku1bes read a statement to the City Commission which is attached to these minutes. Discussion followed. Commissioner Torcaso said if you read the Charter it explains everything. Commissioner Kaehler questioned the timing. She said we sat through budget hearings where we discussed reorganization. She said she has sat through eight years of Commission Meetings where departments were changed, altered, moved around etc., etc. She asked the City Attorney if anything was done improperly. Attorney Kruppenbacher asked Ms. Green who is a partner in the law firm of Richeson & Brown, if there was anything she has seen occurred in advising and counseling the City Manager that she believes violates any particular personnel policies, Laws of Florida, the Federal Government or the Charter? Ms. Green said she did not find anything that was violated. Discussion followed. Meeting adjourned 9:50 p. m. Respectfully submitted, . ~~~ Mary T. Norton, City Clerk MAYOR