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HomeMy WebLinkAbout1981 04 14 City Council Regular Minutes .' . . . . 80-81-18 ". REGULAR HEETING CITY COUNCIL CITY OF WINTER SPRINGS APRIL 14, 1981 The Regular Meeting of the City Council of the City of Winter Springs, Florida, was called to order by Mayor Troy Piland. The invocation was given by City Manager Richard Rozansky. The pledge of allegiance to the flag was led by Deputy Mayor John Torcaso. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Wallace Stalnaker, present Councilmen: Jim Hartman, present Wilfred Arnold, present Martin Trencher, present Maureen Boyd, present Motion was made by Councilman Torcaso to approve the minutes of March 24, 1981. Seconded by Councilman Hartman. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. There was no public input. Consent Agenda: Approval to record plat of Country Club Village Unit 3: Motion was made by Councilman Arnold to approve the consent agenda. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. General Agenda: Public Hearing for Ord. No. 234, rezoning all that part of Lot 30 Entzminger Farms Add. No. 2 from R-U to C-l, etc. (S.E.comer of Hayes Road and S. R. 434).Second Reading. Mayor Piland recessed the Council meeting and convened the public hearing for purposes of hearing comment on Ordinance No. 234, rezoning all that part of Lot 30 Entzminger Farms Add. No. 2 from R-U to C-l,etc. Attorney Stalnaker read the second reading by title only. The Planning and Zoning Board recommended approval. Mrs. L. Grove, 626 Alton Road, asked if Celery Ave.had been vacated. Hr. B. Jacobs, S. Edgemon Ave., spoke in discussion. No one spoke against the ordinance. Mayor Piland closed the public hearing and reconvened the regular meeting. Motion was made by Councilman Hartman to approve Ordinance No. 234. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Public Hearing for Ord. No. 236, rezoning that part of Lot 13 in Block C of the D. R. Mitchell Survey, from C-l to C-2, etc. (North side of Hwy. 419 across from end of N. Edgemon Ave.). Second Reading. Mayor Piland recessed the council meeting and convened the public hearing for purposes of hearing comment on proposed Ord. No. 236. Attorney Stalnaker read the ordinance by title only on second reading. No one spoke against the ordinance. Mayor Piland closed the public hearing and reconvened the Regular meeting. 1 : Regular Meeting, City Council, April 14, 1981 Page 2 80-81-18 . Motion \Vas made by Councilman Arnold to adopt Ordinance No. 236. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; motion carried. Public Hearing for Ordinance No. 237, rezoning Lots 15, 16 and 17, Block 8, North Orlando Townsite, 4th Add., from R-l to C-l, etc. (Corner of S. R. 434 and Sherry Ave.). Second Reading. Mayor Piland recessed the council meeting and convened the public hearing for purposes of hearing comment on proposed Ord. No. 237. Attorney Stalnaker read the ordinance by title only on second reading. No one spoke against the ordinance. Mrs. Lowndes, Indian Ridge, was concerned about what would go in there. Mayor Piland closed the public hearing and reconvened the regular meeting. Motion was made by Councilman Torcaso to adopt Ordinance No. 237. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. First Reading of Ordinance No. 240, making the granting of all conditional uses subject to hearing before the Board of Adjustment, etc. Motion was made by Councilman Arnold to read by title only on first reading. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. . Attorney Stalnaker read the first reading by title only. Public hearing is to be set for May 12, 1981. Planning & Zoning Board recommendations of April 1, 1981: Request of J. R. Hattaway for approval of Replat of Lot 19, Block B, Ranches Sec. 2, plus vacated City Park property, to create three lots on Alton Road at Hayes Road. Mr. Mike Hattaway was present. There vlaS discussion of easements Ie; ding into Gee Creek for maintenance. City Engineer Jack Cooper suggested the easement be requested not demanded as there is a 14 foot easement. Motion was made by Councilman Arnold that the Council approve the request of Mr. J. R. Hattaway for the replat of Lot 19, Block B, Ranches Sec. 2, plus vacated City park property to create three lots on Alton Road at Hayes Road. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. Request for an extension of the temporary bank facility located at 401 E. Hwy. 434 (Tropic Bank). Mr. Kessler was present and explained that the temporary facility is to be moved to Port St. Lucie. Motion was made by Councilman Torcaso that we grant the request for a 90-day extension to July 14, 1981. Seconded by Councilman Arnold. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. . . . . ~.. Regular Meeting, City Council, April 14, 1981 Page 3 80-81-18 Lot Split Request - Lot 9, Block B, N.Orlando Ranches Sec. I-Panama Road-Kelly: Motion was made by Councilman Torcaso for approval of the lot split. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; motion carried. Resolution No. 350, vacating, abandoning and closing a five foot utility easement, etc. - Maronda Homes: Attorney Stalnaker read Resolution No. 350 by title only. Motion was made by Councilman Arnold to adopt Resolution No. 350. Seconded by Councilman Torcaso; discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. City Manager Evaluation: Mayor Piland said at the last Workshop Meeting Council asked him to compile the figures from the review forms. The performance rating Manager Rozansky received was a 4.08 average which puts him in between average and outstanding. The salary recommendations that were turned in averaged $1188 per year. Mayor Piland recommended a $1500 merit increase and a ten percent cost of living increase. The merit increase could either be paid in a lump sum or monthly basis; next year the merit increase would be dropped; he is rated on his performance. Motion was made by Councilman Torcaso that we pay the city manager $1500~ merit increase and $2000.00 from April 1, 1981 to April 1, 1982. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Arnold, no; Councilman Trencher, aye; Councilman Boyd, no; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. City Manager: First Reading Ord. No. 239, amending 1980-81 Budget, etc. Motion waS made by Councilman Torcaso to read Ord. 239 by title only. Motion died due to lack of a second. Attorney Stalnaker read Ordinance No. 239 in its entirety. Manager Rozansky discussed the changes in revenues. He said $113,959.71 was added to the revenues. The changes made in the departments were as follows: Increases were made in all R&M Line Codes. Also on salaries, the bookkeeper accounted for the additional five days of the year. In the Police Department, Gas and Oils was lowered to $25,000. In the Fire Department, R&M was increased. Office Supplies was increased; added $500.00 to gas and oil; put $35,000.00 in 62.1 Construction from General Government; added L.C. 64.1 Rescue Equipment to match the $17,000 for rescue vehicle; in Public Works Deparment, increased utilities $8,600 and lowered janitorial supplies; City Manager's office adjusted salary, added some to telephones, added $100.00 office supplies, deducted $350.00 from gas and oils and added $25.00 to vehicles in Federal Revenue to make up cost; Planning Department added $238.00 to salary, adjusted telephone and added $50.00 to utilities; Building Dept. adjusted telephone expense $150.00 and took $800.00 from gas and oil; Finance and engineering salaries were increased, added additional telephone money, added $50.00 to utilities and subscriptions, dues, books added $100.00; City Clerk salary was adjusted, increased telephone $150.00, added $350 to 42.1, increased utilities expense, increased legal advertisements 1500.00, increased recording fees $50.00, increased office supplies $150.00; Mayor and City Council increased travel $2300.00, added registrations 500.00, added $1100 in Contingency;Legal Council 31.11 Other Services increased to $30,000.00. Regular Meeting, City Council, April 14, 1981 Page 4 80-81-18 . Mayor Piland said Council needs to be appraised on a monthly basis of the cost of the appeal to the taxpayers. ~layor Piland said he felt Council should be aware of ~"hat is being spent on litigation on this particular lavfsuit. Manager Rozansky reported he will give Council a letter recommending some of the things he would like to be done in the Recreation Department; General Government L.C. 62.1Construction there is $19,328.22 remaining, equipment $1,100 and year end reserves increased $57,807.77; Construction Fund L.C. 63.1 Capital Improvement s :;; 83,121.25. The public hearing is to be set for May 12, 1981. Tanker/Pumper: Manager Rozanskyecommended the bid on the Grumman in accordance with the Fire Chief's recommendation. The Grumman can be serviced in north Florida. ($132,545.00). 11otion was made by Councilman Trencher to accept the City Manager's recommendation for the tanker/pumper as previously described for the Grumman. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, ay~; Councilman Arnold, no; motion carried. Public Safety Complex: . The City Manager has asked the City Engineer to find some federal money to build a public safety complex for the City. The Engineer has found this firm Architects Design Group of Florida. It is his opinion that this firm has excellent capability to design a safety complex and obtain a grant for us. If they fail ~Te are not obligated - if they succeed the only obligation we have is to consider them among others to select the architect to implement the grant. Motion was made by Councilman Trencher that we accept the letter from Architects Design Group of Florida dated March 25, 1981 referring to their agreeing at no cost to the City and no obligation to prepare the necessary work to attempt to get a grant application for a possible City safety complex. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. The monthly reports have been distributed. . Fiscal Agent-Bond Company: Mayor Piland reported that we have a contract with the Leedy Corporation dated 10/2/79. He said that at that time we had formed a negotiating team to talk to North Orlando Water & Sewer Corpoation about the possible acquisition of the utility. \~e have met with officials of that corporation and expressed our intentions. Since that time Mr. Cooper has contacted North Orlando \~ater & Sewer Corporation for information in reference to their operation and to establish the value of the utility. Mayor Piland said his recommendation to Council is to terminate the contract with the Leedy Corporation and invite the Leedy Corporation as well as other fiscal agents back to make a presentation before Council because when this agreement was entered into three of the members on Council did not enjoy the pleasure of making that decision. It should be Council's decision Hhich fiscal agent they would like to deal with. Regular Meeting, City Council, April 14, 1981 Page 5 80-81-18 . Motion was made by Councilman Arnold to place the dissolution of the negotiating committee on the agenda. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye;Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Motion was made by Councilman Arnold that the negotiating committee as set up by Council under date of October 2, 1979 be dissolved. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. Motion was made by Councilman Arnold that the Mayor be directed to take immediate action to get with North Orlando Water and Sewer Corporation and discuss the possibility of the purchase of the utility. tlotion died due to lack of a second. Motion was made by Councilman Trencher that for the purpose of Council looking at it in open forum we give 30-day notice to the Leedy Corporation and ask them to come back as well as other prospective bonding companies so that we can judge for ourselves as this Council to represent the City when and if we do successfully negotiate on the North Orlando Hater & Sewer Corporation. Hotion was withdraHn. Mr. Loomis Leedy had no objections to Council talking to other fiscal agents. Attorney Stalnaker wanted Council to be aHare that before a price can be reached for the utility it is important to know that a bond issue is available to support the acquisition of the utility, so it is important that the fiscal agent decision be settled before getting into serious negotiations in regards to price. . Also, Attorney Stalnaker asked Mr. Leedy for permission in writing allowing Council to talk to the different fiscal agents. Council Seat I - Jim Hartman: Mayor Piland asked City Manager Rozansky to notify other fiscal agents if they are interested in talking to Council. Council Seat II - ~.[i1fred Arnold: Councilman Arnold asked ~layor Piland about the agreement with the Wastewater Transmission Authority. The agreement that Councilman Arnold was referring to was the agreement that the City first signed betHeen the City of Orlando and the City of Winter Springs. This agreement does not read the same because the City does not own the utility company. General Waterworks is n~t a governmental entity so their agreement does not read the same. Mayor Piland said they are going to try to come to a meeting of the minds with an agreement that protects the city of Winter Springs, General ~~aterworks, city of Maitland, Casselberry, Winter Park, Seminole County and the City of Orlando, and an agreement the bond counsel says will "fly" on a bond issue. Councilman Arnold said he would be absent at the next meeting. Council Seat III - Martin Trencher: Councilman Trencher reported on some of the activities that are going on in Tallahassee. He said the Committee on Tourism and Economic Development in the house is proposing a bill to create a 1% tourism tax to be levied on restaurants, resort property, hotels, ~ bars, etc., with a proportionate amount to be returned to local governments. .. .. Regular Meeting, City Council, April 14, 1981 Page 6 80-81-18 . Council Seat IV - Maureen Boyd: Councilman Boyd said she was not opposed to a merit increase but was opposed to the 10% cost of living increase. Council Seat V - John Torcaso: There will be a softball game on May 2 between the City and the Sugartree and Sugarcreek Homeowners Associations. Councilman Torcaso has asked the City Manager for a sign on S.R. 419 shmving the City's "Business District". Mayor's Office: Attorney Stalnaker said in reference to the Florida Land litigation that he has filed his brief and Florida Land Company has filed their brief. Attorney Stalnaker said he is in the process of filing a reply brief, then Florida Land Company will have an opportunity to reply to that brief; then we have oral arguments and that is it. As far as the Southern States lawsuit Attorney Stalnaker has had a hearing since the last meeting. Southern States joined the P.S.C. as a third party defendant. Attorney Stalnaker moved to dismiss them and they were dismissed by Judge Joe Davis. NovY it is between the City and Southern States Utilities. Attorney Stalnaker is in the process of drafting a motion for a judgement which may preclude the necessity for a trial. Meeting was adjourned 10:24 p. m. . Respectfully submitted, ~/;r ~ Mary T. Norton, City Clerk Approved: -.. .