HomeMy WebLinkAbout1981 12 22 City Commission Regular Minutes
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,REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
DECEMBER 22, 1981
The Regular Meeting of the City Commission of the City of Winter,Springs,
Florida, was called to order by Mayor Troy Piland. The invocation was
given by Commissioner Maureen Boyd. The pledge of allegiance to the flag
was led by Mayor Troy Piland.
Roll Call:
l-d~or Troy Pilarid, present
D~uty Mayor John Torcaso, present
Gi~JI"Manager Richard Rozansky, present
City, Attorney Al Cook ,present
Commissioners:
Jim HartlD.~'; present
Buck Adkins ,J;lresent
Martin Trencl;l.er, present'
Maureen Boyd, present '
Motion was made by Commissioner ~prcaso to approve the minut~sor December
~, }.981. Seconded by Commissidnex:'..!rreneher. Vote on the mot~oni:
CoIimdssioner Torcaso,a;ye; Commis.sioner Adkins, a;ye; Gommissione:t-Boyd, aye;
Commissioner Hartman ,aye; Cottll'lli sSion$r Trencher, aye'; moti:,oi:l: carried.
Mayor Piland read and presented ~esolution,#369 to Wi l:f;re d Arnold and
. thanked him for his service t<;l:t;;lltil City. Mr. Arnold was also presented
a.plaque fOr his services re:hder~d during 1978-81.
P,ublic. Input:
}.fr.Wilfl:'ed Arnol.d stated he, tho:aght: it we;s only fair since, the Cityihad
given him something that hes~ou:r..d give the City sQIll.ething. He saiddhe.
;.~ted to give the City~anag~.:t' an envelope of cut 'glass which he.Wi.'shed
h~mto give H&W. He stated the glass ,was left on his streetTue~d~ t",;,:
art'd that the truck is supposed to carry shQ~ls, brooms or whatevei ~s .'
necessary to clean up the debris. '
Mr. Al Landgraf, Sugarcreek Homeowne'~s Association,i. stated 'he would like
:t4 thank the Council, Mayor and all;\theCity 'Officials who were.l:'esponsible
:for installing routing signs char,l,ging the traffic routing from Murphy Road
diverting it to Edgemon and Moss Hoad and on to S.R. 434.
General Agenda:
Election of Deputy Mayror:
~yor Piland ope~ed the floor for nominations. Commissioner Trencher
nominated John Torcaso beputy Mayor for another term. Commissioner Hartman
ttloved to close the nominations~ Sec'onded by Commissioner Trencher. Vote
on the motion: Commissioner Adkins, aye; Commissioner Boyd, aye;
Commissioner Hartman, a;ye; Commissioner Trencher, aye; Commissioner'
'I'orcaso,aye; motion carried.
Designation of appointment to COWlc;i.l of Local Gov. in Seminole County:
C9D'4ITlissioner Boyd moved to appoint the Deputy Mayor as represenilative' to I '
the Council of Local Gov't. Secc:m,lied, by CommiSsioner HartriIan. 'Vote on
the'motion: Commissioner Boyd, aye; Commissioner Hartman, aye; ,
Commissioner Trencher, aye; Co~ssioner Torcaso, 'aye; Commissioner
Adkins, aye; motion carried. \
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Regular Meeting, City Commission, Dec. 22, 1981
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Continued public hearing for Ord. 256 creating a reserve fund, etc.:
Mayor Piland recessed the Conunission Meeting and convened the public hearing
for purposes of hearing conunent on proposed Ordinance No. 256 creating a
reserve fund. Attorney Cook read Ordinance No. 256 by title only and stated
the ordinance as it is now written is in conflict with pur charter due to
its open endedness and because of the conflict with the duties of the City
Manager (it attempted to modlfythose duties to some eXtent). Mr. Bill
Jacobs, 404 S. Edgemon Ave. spoke against the ordinance. Mr. Wilfred Arnold,
1119 Winged Foot Cire., stated when he asked the City Attorney to draft an
ordinance he did not expect it to be in conflict with our charter. Mayor
Piland stated each time an ordinance is written the' charter is not researched
totally to determine conflicts and in trying to establish a level for the
reserve fund is where we got into the question of the conflict of the charter.
What we would have to do based upon the guidelines that were presented to
the Attorney and the ordinance that we got back was to establish a fund
wi thout a dollar amount because we would not really know what it was and the
charter does not provide a mechanism to do that and what Council had
questioned was what do other cities do - why is it necessary for Winter Springs
to establish an ordinance creating a reserve fund when many other cities
have reserve funds and they are established through the normal budgetary
process so what we thought we would do is to check with the other munici-
palities in the area, check into the charter section that we felt might
possibly conflict and come back. and discuss at length rather than dismiss
the ordinance at the last public hearing. Mr. Landgraf, Sugarcreek
Homeowners Assn. ,asked onee the surplus is identified and established,
how is it to be managed and invested? The City Manager explained the
investing procedure. Mr. L~dgraf questioned the categories defined as
emergencies. Mayor Piland stated they had not put it in categories because
that is one of the discussions they were having on the 4/5 vote. The
Conunission,YQuld make a determination, any time they use that money for any
purpose. The 4/5 vote would have to be obtained before making disburse-
ment of that money and that there was discu.ssion as to whether it should
be 4/5 or 3/5. Mayor Piland asked if we could set a reserve fund - stating
that we really need an emergency fund, suggesting we set a dollar amount,
a percentage of our budget - anything over that we conunit to go to tax
relief in the next budget year. Mr., Jacobs questioned what the C.P.A.
reconunended for the reserve fund and stated he was not opposed to what Mr.
Arnold suggeste.d, but that he; is opposed 110 picking a percentage or an
arbitrary number or surplus or a percentage rather than setting a specifiC
dollar amount. Commissioner Trencher stated he would like to see the
Conunission adopt a $100,000.00 contingency reserve fund on the basis of a
3/5 vote and any additional reserve that comes up over $100,000.00 in any
fiscal year, be returned in the following year in terms of tax relief.
Mr. Brewington, 1218 Winter Springs Blvd., agreed with Mr. Jacobs regarding
a specific amount to be set. Mr. Harrison, 1105 Winter Springs Blvd.,
spoke in discussion. Mayor Piland closed the public hearing and reconvened
the Commission Meeting. Mayor Piland stated if the Conunission is in
agreement with most of ColIimissioner Trencher's comments and how to set
the reserve fund he would like Mr. Trencher to come back to the next
Commission Meeting with his proposal outlined in sufficient time that all
the Commissioners, can review it prior to the session and proceed to
establish that reserve fund in the budgetary process as they amend the
existing budget and that process starts next month and also with some
recommendations to the excess funds above what is set for reserve - how
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Regular Meeting, City Commission, Dec. 22, 1981
81-82-6
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they are to be handled in reference to tax relief or how the Commission
wishes to handle this vote wise. If any Commissioner wishes to submit
their own they may do so. Discussion. Commissioner Hartman moved to
table Ordinance No. 256. Seconded by Commissioner Adkins. Vote on the
motion: Commissioner Adkins, aye; Commissioner Boyd, aye; Commissioner
Hartman, aye; Commissioner Trencher, aye; Commissioner Torcaso, aye;
motion carried. Mayor Piland stated he would appreciate Mr. Trencher
getting his" proposal to the oth,er Commissioners a week prior to the meeting
if possible.
Planning and Zoning Recommendation of December 16, 1981:
Revision of';['usce.willa MasterPlan - finding of inconsistency of one BDendment:
The City Planner stated at the last ,two meetings the Planning and Zoning
Board has been considering requests for six different revisions to the
approved plan of Tuscawilla. At its last meeting they made a finding that
one request - that of changing the pasture area which is 25~ acres to
condominium - they found that was a request they could not recommend
positively - in the terminology of the code they found that this was
inconsistent with the approved plan. According to Section 44.85.8 when
the Board makes such a finding of inconsistency, the Council must then call
for a public hearing on that question - so the item is on your agenda this
eveni~g to advise you that you need to ca.ll a public hearing on this
request. The Planner stated the earliest date would probably be January 26th.
Mayor Piland asked if they would be addressing the other items. Ms. Koch
stated at the next Council Meeting (after the next Zoning Board Meeting)
she will make a presentation on the other five requests the Board did find
consistent plus we are going to go over the parks in Tuscawilla and the'
two traffic analyses the developer had prepared. Mayor Piland asked if
there was sufficient time to meet the January 26th date for a public
hearing. The City Planner state,d there was. Mayor Piland stated he felt
there were alot of residents here due to the fact they were under the
impression a decision would be made tonight however, he stated if at any
time they had any questions regarding the status of an issue, any one of
the City Officials would be glad to come out and talk to them. Mr. Aragon,
1226 Cheetah Trail, Mr. Art Harris, 20 Sabel Ct., and Mr. John Hatfie~d,
1103 Irma, all spoke in discussion. The Planner stated the way she
interprets the code the Zoning Board has the right to approve the amend-
ments they found consistent. The City Attorney agreed with this
interpretation. Mr. Cook and Mr. Trencher clarified if there was anyone
who was opposed to the other five issues those could be appealed (totally
separate from the pasture issue). Mr. Marty Kirsch, 1310 Deer Run, also
'spoke in discussion. Commissioner Boyd moved to set the public hearing
for purposes of hearing the review on the inconsistency of the Tuscawilla
master plan (pasture area). Seconded by Commissioner Torcaso. Vote on
the motion: Commissioner Hartman, aye; Commissione~ Trencher, aye;
Commissioner Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, aye;
motion carried.
The Commission recessed for five minutes and then reconvened. Mayor Piland
stated he had a resolution amending the Interlocal Agreement dated as of
September 10, 1981 between the City and the South Seminole North Orange
County Wastewater Transmission Authority and that he would like Mr. Pat
West, Executive Director of the Transmission Autharity to explain the
change in the Interlocal Agreement and then at that time ask the Commission
to adopt the resolution (#372). Mr. West stated this Resolution
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authorizes the Mayor to execute on behalf of the City of Winter Springs
the existing Interlocal Agreement between the City and the Wastewater
Transmission, Authority. He stated the Authority is on the verge of in
the next ten, days selling bond anticipation notes so that we can get
under construction with the total interceptor system that will get tied
into the iron bridge road plan oWned by the City of Orlando. Mr. West
stated in the process of getting to this point in time we received
construction bids on ten of the total of 12 contracts. Bids on those
contracts Came in at almost thirty percent under estimate, therefore,
at the end of our budget analysis on how much money we had 'in the federal
'grant and how much money we had in the bondresoiution;authorization of
up to 8 million dollars we find that ,we have enough cash avail~ble we
can completely finish the entire project including con~ector to Winter
Springs so the City can get at the point in time when it becomes the owner
of the sewer system tie On to the interceptor or, North Orlando Water
and Sewer can tie on to the interceptor system. Thisaniendment to the
Interlocal Agreement is at the request and direction of the Marine
Midland Bank in. N.Y. so that they can execute with the Authority a note
financing agreement that amotmts to insurance like you h~Ve on bonds.
It iI;lsures that with the Authority issuing its noteS with "a two-year life
that if the Authority for some reason could not redeem those notes at
their maturity on October 1, 1983, thep Marin~cMidland and First Southeast
National of Miami would step in and,pay<the debt. We would then have
renewal notes with them to go to ifhe bon,d :mafket. This is necessary so
that we can get a suitable rating' out of MooaY Investment Service in New
York City. We received tentati vely' , today from Mooa;Y' s a rating which is
equivalent to a AA Bond. Mr. West explained each . se"ction of the a,meridment.
Discussion. Commissioner Torcaso moved to adopt Reso+ution No. 372.
Seconded by Commissioner Trencher. i/~:>:te on the motion: Commissioner
Trencher, aye; Commissioner Torcaso, aye; Commissioner Adkins, aye;
Commissioner Boyd, aye; Commissioner Hartman, aye; motion carried.
Re uest of Gar Hunt for consideration of unim roved subdivision 'a roval
under. Section 1 -3.2:
The City Manager stated the reasons this request is before the Commission
is to insure Mr. Hoot had due process - that his application is being
processed with the code and to determine what to do with it. The Staff's
recbmmendatton is as it was previOusly. The problem the staff has with
development without includingimp;r:ovements is that if we do this wit;hout
the improvements any lots we have b~ comparable size anywhere in the
Ranches in the RC-l ... it is conceivable someone could have 5 acres
fronting,anyother road and it could be divided into five lots without
improvemen~put in. Also, in R-lAA the same thing could happen (over
near Williams Rd.) where there woUld be more problems. The City Manager
stated he wondered where they wquld stand on the'pext request if this
one is approved. Mayor Piland stated the final sentence says the
recommenq,ation of the City Staff' 'shall be subj ect to the approval of the
City Council. Mayor Piland stated he felt the intent of RC-l was to have
a rural atmosp~ere with dir~ roads; with as much natural drainage as you
can have. In the RC-l zoning if. .on"e-acre lots require paving, storm
sewe:r:age and water systems, then they should not conSider any other lot
splits until those requirements ar~ put on everYpne. Gommissioner Torcaso
stated he felt it was unnecessary to require the.5e impr:ovements for these
few lots, and that he felt. this subject having come up over the past
several years should be resolved~ ,Comtnissioner Hartman stated he
interpreted, this section the same"manner in which the Mayor had inter-
preted it. Comrhissioner Trencher .stated. each one of the proposed lots
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Regular Meeting, City Commission, Dec. 22, 1981
81-82-6
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to be~ split are over~he. requir~d one ac"se for the area an~ that he could
see no reason to turn thlS partlcular request down. He sald he could see
no reason for a mix n t ma.tch situation regarding paving. Connnissioner
Adkins stated he felt it was onlY common sense to go ahead and approve the
waiver to develop the lots. Mr. B:111 Jacobs spo~e in discussion.
Commissioner Torcaso moved to approve the waiver. Seconded by Connnissioner
,Hartman. Vote on the motion: Commissioner Adkins, aye; Connniasioner Boyd,
no; Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner
Torcaso, aye; motion carried.
Resolution No. 370, approvin~ efforts of Florida League of Cities to secure
property tax relief, etc.:
Mayor Piland stated he would like to suggest Council continue this until
the next connnission meeting. The East, Central Florida Regional Planning
Council has done a study in reference to the proposed legislation in
Tallahassee on the various forms of the lrb, ~rb, local option taxes.iMayor
Piland stated he would ,like to get copies of that to the Commission for
review prior to taking any adoption steps. Discussion. Mayor Piland said
he would call a special session prior to ,going to Tallahassee to give
consideration to this Resolution.
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Resolution No. 371, establishing holidays for FY 1981-82.:
Connnissioner Boyd moved to adopt Besolution No. ~ 371. Seconded by
Commissioner Trencher. Vote on the motion: Commissioner Boyd, aye;
Commissioner Hartman, aye; Commissioner Trencher, aye; :Commissioner Torcaso,
aye; Commissioner Adkins, aye; motion carried.
First Reading of Ordinance No. 259, requiring affirmative votes: of three
members of P & Z Board for passage of ltems, etc.:
Conimissioner Hartman moved to have Ordinance No. 259 read by title only.
Seconded by Commissioner Trencher. Vote on the motion: Commissioner
Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, no; Commissioner
Hartman, aye; Commissioner Trencher, aye; pursuant to oUfcharter
Ordinance No. 259 was read in its entirety due to the no vote. The City
Attorney stated this was not a dissolving of the presentPlann:lbg and
Zoning Board. Mr. Cook stated the main change was in the last four lines
in Section I concerning the attendance of meetings~and method of removal.
Mayor Piland asked for Commissioner Boyd's intent regarding tl1e,removal
of the board members. Commissioner Boyd stated her intent was to insure
a board member be automatically dropped after missing three meetings.
Commissioner Trencher asked if it was necessary to have the line in
reading: "The present Planning and Zoning Board shall be dissolved upon
adoption of this ordinance." Mr. Cook stated this could be left up to
the code people to assign to a particular section. Commissioner Trencher
suggested where the ordinance rea.,ds: "Members shall be subject to
removal from office by the counciL.." be amended to reflect ,Commissioner
Boyd's intent of being automatically removed upon failure to a.i:;tend three
meetings.
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First Reading of Ordinance No. 260, reqUlrlng affirmative votes of three
members of Board of Adjustment for passage of items, etc.:
Attorney Cook stated this ordinance is exactly the same and that he would
incorporate the word automatically as previously noted. Motion was made
by Commissioner Torcaso to have Ordinance No. 260 read by title only.
Seconded by Commissioner Trencher. Vote on the motion:
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Regular Meeting., City Commission, Dec. 22, 1981
81-82
Page 6.
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Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner
Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, aye; motion
carried. The City Attorney read Ordinance No. 260 by title 'only.
CITY MANAGER RICHARD ROZANSKY:
1. Double T~ation (Kelton Mgt. ) :
Mayor Piland recommended the Commission not take any a~tion until such
time as they were afforded a clarification of Section IV B.
2. Vehicle Bids (Police De~artment):
The City Manager stated he would like to go out and purchase the vehicles
placed in the budget for the Police Department. After shopping around it
appears the best buy ava,ilable is the State Bid List. P. O. #1052 is for
a dodge Diplomat, that ha,s the police package (heavY duty) - the basic
price is $7,017.92. They added some optionss6 the total price comes to
$7,159.48. The package for the three vehicles comes to $21,478.44. The
City Manager stated we have the money in the budget and would like to go
out and order these vehicles now. Discussion. Commissioner Hartman
moved to accept the State Bid List. Seconded by Commissioner Trencher.
Vote on the motion: Commissioner Adkins, . aye.; Commissioner Boyd, aye;
Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner
Torcaso, aye; motion carried." .
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Staff Organization!f{esponsibilities:
The City Manager stated he vould like to, specifically 'address the City
Planner ~nd the City Engineer. He stated the Planne.r's position and
responsibility has increased to a point where she is more than just a
Planner. He stated she has prepared our Flood Insurance Program, our
basic grants, and is responsible for all zoning requests. Mr. Rozansky
stated after conducting interviews for a City Engineer and after talking
further with Mr. Cooper he has decided to remain with the City. Mr.
Rozansky stated he has ~xpanded Mr. Cooper's duties somewhat to include
more field time on our inspections and more importantly, he is now
working with the Public Works Dept. on the drainage and road improvement,
projects to give them more direction an(i tecl:tni~e:l guidance. The City
Manager also mentioned Mr. Cooper is the City's Code Enforcement Prosecutor
and that the Board is quite effective. The City of Oviedo has asked
for Mr. Cooper to come over and help them ih~tiatetheir Board. Mr.
Rozansky stated he would l:i,,~eto change the City Planner's' salary range to
begin at $14,000 and run to'$18~gqtl.00. TheConnnissioners asked how this
compared to other cities. The City Manager stated the City Planner's
salary at this time is $13,886.00 with no set range. This s~la;ry is
below Casselberry, there is noPlan~er i~ Oviedo; there is no Planner in
Longwood, nor Lake Mary and. it is be.lowthe :t';Lanner' s position in
Altamonte as well as the County. CasselberrY's range is $14,000.00-
$15,000.00. Commissio;ner Torcaso stated he felt Ja.ckie had done a good'
job for the City and could see no reason natto upgrade the City Planner's
salary range. COnnnissioner Tre,ncher stat'ed he would like to see. a
comparative study regarding the department heads' salaries. The City
Manager reported ,the City hasawe,li-qu,gified bookkeeper and that his
salary Wbuld have to be addressed in: th~'.:nea.r future. Discussion.
1 Commissioner Boyd moved to set the City, Planner's salary range at
$14,000 -$18,000.00. Second~d byComini.ssioner Torcaso. Vote on the
motion: Commissioner Adkins,. aye; COmmis,sioner Boyd, aye; Commissioner
: Hartman, aye; Connnissioner T~encher, aye; Commissioner Torcaso, aye;
motion carried.' .
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Reports:
The City Manager stated we have three Paramedics in the process of taking
their physicals. Our program is on schedule and We look for the first
or second week in January to be in the paramedic business. Our Finance
Report will probably be out tomorrow. The budget revision process will
start in February. He stated we now also have a rescue vehicle in
Tuscawilla. The Mayor stated when we get the new rescue vehicle fully
equipPed he would like to see the City Manager have it at one of the
commission meetings with the Chief Paramedic or any other Paramedic he so
desire~ and show the City Commission the vehicle and give them a demon-
stration. "Mayor Piland also asked if there was a plan in the City to
implement the teaching of fi,rst aid or EMT to pOlice officers or all the
employees.. The City Manager stated we do not have a plan like that. Mayor
Piland stated he would like to have a plan formulated whereby all the
employees are exposed to the basic procedures of first aid. Regarding
the Public Works Dept. the Mayor stated he felt we needed some uniform
identiffcation of all the City's:l?ublic Works equipment so that the
citizens would be aware of what was being done in their area. Mayor
Piland stated he was putting Mr. Rozansky on notice if the sound system
is not changed by the end of January he is going to ask the Commission to
fire him. Commissioner Trencher stated he would like to have the whole
subdivision (HighlandsjSheoah Blvd.) looked at by the City Engineer
regarding the drainage. Commissioner Torcaso stated the City Manager has
approved obtaining signs for the .Code Enforcement Board, Board of
,Adjustment and the Planning and Zoning Board to avoid confusiQn over the
names during meetings. We are also getting one for the City Attorney.
He stated 'they should be ready within the next week. Commiss~oner Boyd
asked if the badges would be changed to Commissioner. Mayor Piland
stated they would be corrected.
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Commission Seat 1- Jim Hartman:
Motion was made by Commissioner Torcaso to ratifY Commissioner Hartman's
'appointment of Mr. Rarry G. Reed, III, 285 Hayes Road, to the Board of
Adjustment. Seconded by Commissioner Trencher. Vote on the motion:
Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner
Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, aye; motion
carried.
Commission Seat II - Buck Adkins:
Commissioner Adkins questioned the nlrmber of vehicles at a house on
Antelope Trail. He stated there are about ten vehicles there all the
time and that they are working on them in the yard. The Police Chief
stated they are not breaking the law by being on their own lawn. Mr.
Al Landgraf, Sugarcreek Homeowners Assn., spoke in discussion. It was
suggested Commissioner Adkins file a complaint with the Police Dept.
Commission Seat III - Martin Trencher:
Commissioner Trencher stated the City Attorney would draft a basic outline
regarding the reserve fund.
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Commission Seat IV - Maureen BOyd:
Wished everyone a Merry Christmas. and a Happy Hanukk.ah.
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Regular Meeting , City .Commission, ..Dec. 22, 1981
81-82-6
Page 8.
Commission Seat V - John Torcaso:
Thanked the Commission for his reappointment as Deputy Mayor and stated
he would try to do the best job he could.
Mayor's Office:
Wished everyone a Merry Christmas.
Meeting adjourned at 10:30 p.m.
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, ,Re..pe~~~Y~
~. Bradtock,
Recording Secretary
__~pproved:
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