HomeMy WebLinkAbout1981 11 24 City Commission Regular Minutes
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
NOVEMBER 24, 1981
The Regular Meeting of the City Commission was called to order by Mayor Troy Piland.
The invocation was given by Commissioner Jim Hartman. The pledge of allegiance to lhe
flag was led by City Manager Richard Rozansky.
Roll Call:
Mayor Troy Piland, present
Deputy Mayor John Torcaso, present
City Manager Richard Rozansky, present
City Attorney Al Cook, present
Commissioners:
Jim Hartman, present
Martin Trencher, present
Maureen Boyd, present
Motion was made by Commissioner Torcaso to approve the minutes of November 10, 1981.
Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Hartman,
aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye;
motion carried.
.
Public Input:
Al Landgraf, representative of the Sugar Creek Homeowners Assn. spoke in reference to the
letter sent to the City, dated Sept. 8, 1981, Chapter 3, Section 3-4 pertaining to
the location of any business enterprise engaged in alcoholic beverages. The Association
requested the following amendment be made: deletion of any reference to beer and wine;
and add the following statement: any business enterprise located within the City limits of
Winter Springs engaged in the sale of liquor and alcoholic beverages of more than 25%
alcohol by weight shall maintain a minimum separation distance of 2,000 feet in a
straight line, from any adjacent similar business enterprise, and from any church or
school within said City limits. Mr. Landgraf suggested Council adopt this ordinance which
would parallel the ordinances of adjacent communities.
The second item Mr. Landgraf made reference to was a letter sent to Mr. Ron Emery in
conjunction with a public access easement located in the rear of 217 Cottonwood Drive.
In this public access area there is a large mound of dirt which they have asked to be
removed. He asked if some action could be taken on this.
Mr. Fred Winslow, Board Chairman of the East Seminole YMCA, presented the City with a
plaque in appreciation for allowing the East Seminole YMCA to use Sunshine Park last
summer for the recreation program.
General Agenda:
Public Hearing for Ord. No. 255, rezoning Lot 9, Blk. 16, N.Orlando from R-lA to C-l,etc.:
Mayor Piland recessed the commission meeting and convened the public hearing for
purposes of hearing comment on proposed Ord. No. 255. Attorney Cook read Ord. No. 255
by title only on second reading. The Zoning Board recommended approval. No one spoke
against the ordinance. Mayor Piland closed the public hearing and reconvened the
Commission Meeting.
Motion was made by Commissioner Torcaso to adopt Ord. No. 255 and to amend the com-
prehensive land use plan. Seconded by Commissioner Hartman. Discussion. Vote on the
motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso,
aye; Commissioner Hartman, aye; motion carried.
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Public Hearing for Ord. No. 256, creating a reserve fund to be generated from
revenues received in any year in excess of line-item budgeted amounts, etc.:
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Reg. Meeting, City Commission, Nov. 24, 1981
Page 2
81-82-4
Mayor Piland recessed the commission meeting and convened the public hearing for
purposes of hearing comment on proposed Ord. No. 256. Attorney Cook read Ord. No. 256
by title only on second reading. Manager Rozansky felt we did not need the ordinance;
the consensus of the Commission was against the 4/5 vote; Mayor Piland explained
that we have always maintained some type of reserve fund in the event of an emergency;
he explained that the Commission is required to amend the budget every year to have a
balanced budget. This ordinance ties up the excess funds until you have a budget
hearing. Bill Jacobs, S. Edgemon Ave., Ben Kaplan, Burgos Road, Art Harris, Tuscawilla,
Al Mausner, Tuscawilla, Dave Dearolph, Tuscawilla, Al Landgraf, Sugar Creek Homeowners
Assn., Buck Adkins, Pheasant Circle, J. Hatfield, Tuscawilla, all spoke in discussion.
Commissioner Trencher suggested budgeting for an emergency fund but did not think an
extra ordinance was necessary;; Commissioner Hartman felt if we had any monies left we
could put it in "savings" for a municipal complex; Commissioner Boyd was in favor of
a reserve or emergency fund but not in favor of a 4/5 vote~ Mayor Piland suggested
that the public hearing be continued and let Attorney Cook examine the ordinance to see
if it would be possible to re-write the ordinance to allow the Commission to create
some type of reserve fund and set some type of a cap.
Mayor Piland continued the public hearing until Dec. 22 until the Attorney has a chance
to look at the ordinance and the charter and make some recommendations.
Planning & Zoning Board Recommendations of Nov. 18, 1981: Tuscawilla Parks:
The City Planner explained that the question came up recently of what is going to happen
to the parks in Tuscawilla when Winter Springs Development Corporation is finished. Who
is going to maintain and operate the four parks. In the petition for annexation there
is a statement that they shall not be dedicated publicly, but shall be maintained
privately; however, since there is no mandatory homeowners association there is no
instrument for operating or maintaining parks; the developer has offered to the
existing voluntary homeowners association the option to take over the parks and he has
also considered if they decline, to offer them to the City. This was presented to
the Zoning Board. They wanted to know who is going to maintain and operate them so
they suggested setting a time limit of six months by which the homeowners association
will have to decide whether or not they want that responsibility. There will be one
park on Northern Way, one in Oak Forest (west of Tuscawilla Road at Winter Springs
Boulevard, one will be near the extension of Winter Springs Boulevard and a large area
mainly a conservation area. Mayor Piland asked that since there is no mandatory home-
owners association, how would the homeowners association go about funding the maintenance
of the park. The City Planner explained that the existing Homeowners Association is
thinking over right now and trying to decide whether or not they want that responsibility.
Mayor Piland also asked why not just dedicate the parks to the City. Miss Koch explained
there is a technicality in the petition for annexation. There is a clause that it will
not be dedicated publicly. An ordinance would have to be passed to amend that. Mayor
Piland asked the Attorney if there would be a way to assess people a certain fee for
the perpetual care of their parks and recreation areas. Attorney Cook said he would
look into that.
Commissioner Trencher asked is there a problem now that the developer wants to divest
himself of the responsibility of these parks and therefore wants to give them over to
the homeowners association or to the city, or is the developer, through the rules of
the P.U.D., required to maintain these parks until he leaves? Why at this particular
time do the homeowners in Tuscawilla need to decide whether or not they want to
control it? Manager Rozansky explained the reason this was brought up was because
the Commission asked whether or not the developer was keeping up with his parks program.
...
Reg. Meeting, City Commission, Nov. 24, 1981
Page 3
81-82-4
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The developer is no where near the point where the homeowners need to maintain it
nor the City to maintain it - there is still a lot of vacant land out there. Commissioner
Trencher asked of the parks that are there now did the City require that they put up
certain facilities and maintain them during the development? Manager Rozansky
answered yes, they have an amenities program. Commissioner Trencher asked if they
have met those requirements and the City Planner answered they are fairly on target.
Commissioner Trencher said if they would continue this process of adding the amenities
to the park facilities at their expense and according to the rules of the P.U.D., why
would the City want to bother with it at this time nor the homeowners. Let the
developer pay the load until we are at the point where the developer is 85% or so sold
out; we know what the facilities are; if they have met the regulations down the road
and everything is right, then its a consideration of whether or not the homeowners
want to take it over or the City wants to take it over. I don't see the point now.
Mr. Al Mausner, Tuscawilla, Mrs. Ellen Weiss, Winter Springs Boulevard, asked if the
recreation programs could be extended to the Tuscawilla area; Joel Weiss, Winter
springs Boulevard, Art Harris, Sable Court, Leanne Grove,Alton Road, Bob Williams,
Tuscawilla, all spoke in discussion.
Mayor Piland explained the reason that he keeps bringing this up is because he does
not want this to be a surprise to the Commission. Its been a problem since the day
we approved the planned unit development. He said he thinks the end result will be
when they get to 80 or 90% built out, there will have to be a referendum to decide
if the residents of Tuscawilla want to create a special taxing district for their
parks or turn them over to the City. We need to continue to discuss the parks.
Mayor Piland also talked about the high cost of maintaining the medians.
.
Mayor Piland said this needs to be discussed on an annual basis so that the Commission
is aware of the fact that at some point in time we are going to have recreational
areas in the Tuscawilla area that the developer no longer wants and who is going to
be responsible. If the people would like to have them then we need a method of con-
veying that property to them, either by a special district or letting the City take them.
Mayor Piland asked to see Mr. Harris' report after it is completed; asked Mr. Landgraf
to get with Mr. Harris and his committee and see if we can find some course we can live
with when the developer is gone.
Mr. Al Landgraf, volunteer recreation director outlined some future recreation plans.
Mayor Piland charged Manager Rozansky with the responsibility of keeping the Commission
informed as to Mr. Landgraf, Mr. Harris' group and anyone else that wants to give input
in reference to the Tuscawilla recreation situation.
Resolution No. 369, appreciation to Wilfred Arnold:
Motion was made by Commissioner Boyd to approve Resolution No. 369. Seconded by
Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye;
Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye;
motion carried.
City Manager - Richard Rozansky:
Bid recommendation: The recommendation from the Fire Chief for the cardiac monitor/
defibrillator was from Physio-Control Corporation in the amount of $6,617.25. For
. the medical communications radio was from Bio=Tek Associates in the amount of $6,055.00.
Manager Rozansky said he concurred with these recommendations.
."
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Reg. Meeting, City Commission, Nov. 24, 1981
Page 4
81-82-4
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Motion was made by Commissioner Torcaso to accept the bids. Seconded by Commissioner
Trencher. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner
Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried.
Reports:
On the Code Enforcement Board, the City Manager reported that he is doing a little
administrative re-organization. He recommended that the position of Code Inspector
be assigned to the Police Department, specifically Lt. Bo Smart, effective Dec. 1, 1981.
Motion was made by Commissioner Hartman that we change the Code Inspector from Ray
Bradshaw to Lt. Smart. Seconded by Commissioner Torcaso. Discussion. Vote on the
motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye;
Commissioner Hartman, aye; motion carried.
Manager Rozansky informed the Commission that the City will be rece~v~ng the f~re truck
possibly around the 22nd of December and he is going to begin to find financing for the
truck; Exxon, the people we receive our gasoline from now are cutting out their
operators so we will be going over to Chevron; we are trying to get Christmas decorations
up by the 4th of December. Manager Rozansky talked about the letter from Cablevision
in which they state they desire to exercise their 10 year option; this will be on the
next agenda.
Mayor Piland asked the Manager about the letter from Chemical Enterprises in reference
to paving Moss Road. Manager Rozansky spoke to Mr. Binford, and this letter has been
answered.
.
Commission Seat I - Jim Hartman:
Nothing to report.
Commission Seat III-Martin Trencher:
Nothing to report.
Commission Seat IV - Maureen Boyd:
Nothing to report.
Commission Seat V - John Torcaso:
Commissioner Torcaso introduced Mr. Gordon Spencer, Paramedic Supervisor.
Mayor's Office:
The Swearing In Ceremony will be December 7, 1981 at 5:00 p. m.
Meeting was adjourned at 9:20 p. m.
Respectfully submitted,
~-;:4J~
Mary T. Norton,
City Clerk
Approved:
,MAYOR
.
81-82-4
REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
NOVEMBER 24. 1981
The Regular Meeting of the City Commission was called to order by Mayor Troy Piland.
The invocation was given by Commissioner Jim Hartman. The pledge of allegiance to Lhe
flag was led by City Manager Richard Rozansky.
Roll Call:
Mayor Troy Piland, present
Deputy Mayor John Torcaso, present
City Manager Richard Rozansky. present
City Attorney Al Cook, present
Commissioners:
Jim Hartman, present
Martin Trencher, present
Maureen Boyd. present
Motion was made by Commissioner Torcaso to approve the minutes of November 10, 1981.
Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Hartman,
aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye;
motion carried.
Public Input:
Al Landgraf. representative of the Sugar Creek Homeowners Assn. spoke in reference to the
letter sent to the City. dated Sept. 8, 1981. Chapter 3, Section 3-4 pertaining to
the location of any business enterprise engaged in alcoholic beverages. The Association
requested the following amendment be made: deletion of any reference to beer and wine;
and add the following statement: any business enterprise located within the City limits of
Winter Springs engaged in the sale of liquor and alcoholic beverages of more than 25%
alcohol by weight shall maintain a minimum separation distance of 2.000 feet in a
straight line, from any adjacent similar business enterprise. and from any church or
school within said City limits. Mr. Landgraf suggested Council adopt this ordinance which
would parallel the ordinances of adjacent communities.
The second item Mr. Landgraf made reference to was a letter sent to Mr. Ron Emery in
conjunction with a public access easement located in the rear of 217 Cottonwood Drive.
In this public access area there is a large mound of dirt which they have asked to be
removed. He asked if some action could be taken on this.
Mr. Fred Winslow, Board Chairman of the East Seminole YMCA, presented the City with a
plaque in appreciation for allowing the East Seminole YMCA to use Sunshine Park last
summer for the recreation program.
General Agenda:
Public Hearing for Ord. No. 255, rezoning Lot 9, Blk. 16, N.Orlando from R-lA to C-l,etc.:
Mayor Piland recessed the commission meeting and convened the public hearing for
purposes of hearing comment on proposed Ord. No. 255. Attorney Cook read Ord. No. 255
by title only on second reading. The Zoning Board recommended approval. No one spoke
against the ordinance. Mayor Piland closed the public hearing and reconvened the
Commission Meeting.
Motion was made by Commissioner Torcaso to adopt Ord. No. 255 and to amend the com-
prehensive land use plan. Seconded by Commissioner Hartman. Discussion. Vote on the
motion: Commissioner Trencher, aye; Commissioner Boyd. aye; Commissioner Torcaso,
aye; Commissioner Hartman, aye; motion carried.
Public Hearing for Ord. No. 256, creating a reserve fund to be generated from
revenues received in any year in excess of line-item budgeted amounts, etc.:
Reg. Meeting, City Commission, Nov. 24, 1981
Page 2
81-82-4
Mayor Piland recessed the commission meeting and convened the public hearing for
purposes of hearing comment on proposed Ord. No. 256. Attorney Cook read Ord. No. 256
by title only on second reading. Manager Rozansky felt we did not need the ordinance;
the consensus of the Commission was against the 4/5 vote; Mayor Piland explained
that we have always maintained some type of reserve fund in the event of an emergency;
he explained that the Commission is required to amend the budget every year to have a
balanced budget. This ordinance ties up the excess funds until you have a budget
hearing. Bill Jacobs, S. Edgemon Ave., Ben Kaplan, Burgos Road, Art Harris, Tuscawilla,
Al Mausner, Tuscawilla, Dave Dearolph, Tuscawilla. Al Landgraf. Sugar Creek Homeowners
Assn., Buck Adkins, Pheasant Circle, J. Hatfield, Tuscawilla. all spoke in discussion.
Commissioner Trencher suggested budgeting for an emergency fund but did not think an
extra ordinance was necessary;; Commissioner Hartman felt if we had any monies left we
could put it in "savings" for a municipal complex; Commissioner Boyd was in favor of
a reserve or emergency fund but not in favor of a 4/5 vote~ Mayor Piland suggested
that the public hearing be continued and let Attorney Cook examine the ordinance to see
if it would be possible to re-write the ordinance to allow the Commission to create
some type of reserve fund and set some type of a cap.
Mayor Piland continued the public hearing until Dec. 22 until the Attorney has a chance
to look at the ordinance and the charter and make some recommendations.
Planning & Zoning Board Recommendations of Nov. 18, 1981: Tuscawilla Parks:
The City Planner explained that the question came up recently of what is going to happen
to the parks in Tuscawilla when Winter Springs Development Corporation is finished. Who
is going to maintain and operate the four parks. In the petition for annexation there
is a statement that they shall not be dedicated publicly, but shall be maintained
privately; however, since there is no mandatory homeowners association there is no
instrument for operating or maintaining parks; the developer has offered to the
existing voluntary homeowners association the option to take over the parks and he has
also considered if they decline, to offer them to the City. This was presented to
the Zoning Board. They wanted to know who is going to maintain and operate them so
they suggested setting a time limit of six months by which the homeowners association
will have to decide whether or not they want that responsibility. There will be one
park on Northern Way, one in Oak Forest (west of Tuscawilla Road at Winter Springs
Boulevard, one will be near the extension of Winter Springs Boulevard and a large area
mainly a conservation area. Mayor Piland asked that since there is no mandatory home-
owners association, how would the homeowners association go about funding the maintenance
of the park. The City Planner explained that the existing Homeowners Association is
thinking over right now and trying to decide whether or not they want that responsibility.
Mayor Piland also asked why not just dedicate the parks to the City. Miss Koch explained
there is a technicality in the petition for annexation. There is a clause that it will
not be dedicated publicly. An ordinance would have to be passed to amend that. Mayor
Piland asked the Attorney if there would be a way to assess people a certain fee for
the perpetual care of their parks and recreation areas. Attorney Cook said he would
look into that.
Commissioner Trencher asked is there a problem now that the developer wants to divest
himself of the responsibility of these parks and therefore wants to give them over to
the homeowners association or to the city. or is the developer, through the rules of
the P.U.D.. required to maintain these parks until he leaves? Why at this particular
time do the homeowners in Tuscawilla need to decide whether or not they want to
control it? Manager Rozansky explained the reason this was brought up was because
the Commission asked whether or not the developer was keeping up with his parks program.
Reg. Meeting, City Commission, Nov. 24, 1981
Page 3
81-82-4
The developer is no where near the point where the homeowners need to maintain it
nor the City to maintain it - there is still a lot of vacant land out there. Commissioner
Trencher asked of the parks that are there now did the City require that they put up
certain facilities and maintain them during the development? Manager Rozansky
answered yes. they have an amenities program. Commissioner Trencher asked if they
have met those requirements and the City Planner answered they are fairly on target.
Commissioner Trencher said if they would continue this process of adding the amenities
to the park facilities at their expense and according to the rules of the P.U.D., why
would the City want to bother with it at this time nor the homeowners. Let the
developer pay the load until we are at the point where the developer is 85% or so sold
out; we know what the facilities are; if they have met the regulations down the road
and everything is right, then its a consideration of whether or not the homeowners
want to take it over or the City wants to take it over. I don't see the point now.
Mr. Al Mausner, Tuscawilla, Mrs. Ellen Weiss. Winter Springs Boulevard, asked if the
recreation programs could be extended to the Tuscawilla area; Joel Weiss, Winter
springs Boulevard, Art Harris, Sable Court. Leanne Grove.Alton Road, Bob Williams,
Tuscawilla, all spoke in discussion.
Mayor Piland explained the reason that he keeps bringing this up is because he does
not want this to be a surprise to the Commission. Its been a problem since the day
we approved the planned unit development. He said he thinks the end result will be
when they get to 80 or 90% built out, there will have to be a referendum to decide
if the residents of Tuscawilla want to create a special taxing district for their
parks or turn them over to the City. We need to continue to discuss the parks.
Mayor Piland also talked about the high cost of maintaining the medians.
Mayor Piland said this needs to be discussed on an annual basis so that the Commission
is aware of the fact that at some point in time we are going to have recreational
areas in the Tuscawilla area that the developer no longer wants and who is going to
be responsible. If the people would like to have them then we need a method of con-
veying that property to them, either by a special district or letting the City take them.
Mayor Piland asked to see Mr. Harris' report after it is completed; asked Mr. Landgraf
to get with Mr. Harris and his committee and see if we can find some course we can live
with when the developer is gone.
Mr. Al Landgraf. volunteer recreation director outlined some future recreation plans.
Mayor Piland charged Manager Rozansky with the responsibility of keeping the Commission
informed as to Mr. Landgraf, Mr. Harris' group and anyone else that wants to give input
in reference to the Tuscawilla recreation situation.
Resolution No. 369, appreciation to Wilfred Arnold:
Motion was made by Commissioner Boyd to approve Resolution No. 369. Seconded by
Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso. aye;
Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye;
motion carried.
City Manager - Richard Rozansky:
Bid recommendation: The recommendation from the Fire Chief for the cardiac monitor/
defibrillator was from Physio-Control Corporation in the amount of $6,617.25. For
the medical communications radio was from Bio=Tek Associates in the amount of $6,055.00.
Manager Rozansky said he concurred with these recommendations.
Reg. Meeting. City Commission, Nov. 24, 1981
Page 4
81-82-4
Motion was made by Commissioner Torcaso to accept the bids. Seconded by Commissioner
Trencher. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner
Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried.
Reports:
On the Code Enforcement Board, the City Manager reported that he is doing a little
administrative re-organization. He recommended that the position of Code Inspector
be assigned to the Police Department, specifically Lt. Bo Smart, effective Dec. 1, 1981.
Motion was made by Commissioner Hartman that we change the Code Inspector from Ray
Bradshaw to Lt. Smart. Seconded by Commissioner Torcaso. Discussion. Vote on the
motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye;
Commissioner Hartman, aye; motion carried.
Manager Rozansky informed the Commission that the City will be rece1v1ng the fire truck
possibly around the 22nd of December and he is going to begin to find financing for the
truck; Exxon, the people we receive our gasoline from now are cutting out their
operators so we will be going over to Chevron; we are trying to get Christmas decorations
up by the 4th of December. Manager Rozansky talked about the letter from Cablevision
in which they state they desire to exercise their 10 year option; this will be on the
next agenda.
Mayor Piland asked the Manager about the letter from Chemical Enterprises in reference
to paving Moss Road. Manager Rozansky spoke to Mr. Binford, and this letter has been
answered.
Commission Seat I - Jim Hartman:
Nothing to report.
Commission Seat III-Martin Trencher:
Nothing to report.
Commission Seat IV - Maureen Boyd:
Nothing to report.
Commission Seat V - John Torcaso:
Commissioner Torcaso introduced Mr. Gordon Spencer, Paramedic Supervisor.
Mayor's Office:
The Swearing In Ceremony will be December 7, 1981 at 5:00 p. m.
Meeting was adjourned at 9:20 p. m.
Respectfully submitted,
~;:~rJ
Mary T. Norton,
City Clerk
Approved:
,MAYOR