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HomeMy WebLinkAbout1985 08 12 City Commission Regular Minutes . . . 84-85-24 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 12, 1985 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Tom Lang, present Commissioners: Jim Hartman, present Arthur Hoffmann, present Buck Adkins, present Leanne Grove, present For the invocation Commissioner Grove asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Attorney Tom Lang. Public Input: Mr. Boehrner, Hacienda Village, spoke about the memo of May 17, 1985, the proposal for the utility billing of Hacienda Village by Winter Springs Water & Sewer. Commissioner Hartman wanted to discuss the reasons that this item of Hacienda Village and the utility billing by Winter Springs Water & Sewer was not placed on the agenda. Attorney Tom Lang explained the Charter is not definitive. The Mayor is the Chief Executive officer. At this point, the only way it could be resolved is to get a declaratory judgement. He said if the Commission has strong feelings they should amend the Charter to reflect what the Mayor's rights are. Mr. Baccus, Panama Road, asked if the Arbor ordinance is going to be on the Agenda. Tom Dougherty, Oak Forest, asked about the I.W.S. rate increase. Art Harris, Sable Court, spoke about the rezoning action with High Flavor on Tuscawilla Road. He said residents of the Tuscawilla area are fighting that action and Mr. Harris asked for some support from the City. Sept. 7th, the County Commission will be holding a public hearing, and Mr. Harris said he would like some positive action from the city supporting their stand. Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to approve the minutes of July 16th and July 22, 1985. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aey;motion carried. Motion was made by Commissioner Hartman to bring up the item of NOWSCO and Hacienda Village. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, abstain and will file a conflict of interest form; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. City Manager Rozansky explained that at the Workshop Meeting that was held to discuss this item a presentation was made regarding the utility and service charges. The Attorney ruled at that time that it was against the law for Hacienda Village to remeter the water. It was also felt that the difference in rates being charged to residents was not right. Discussion followed. Regular Meeting, City Commission, August 12, 1985 Page 2 84-85-24 . Motion was made by Commissioner Adkins that we just forget about doing any billing and let Hacienda Village keep their commercial rate. Motion was withdrawn. Motion was made by Commissioner Adkins that the City of Winter Springs Water & Sewer Department change the rate structure in Hacienda Village to a normal resi- dential rate structure; the reason is because of the lift station dedication, if one part is dedicated we can't give it back, we should have the whole thing. Basically to make our job easier and to have control of it. It is silly to have control of part of it when you have to be responsible for all of it, and that is what is happening. Also, if the people in Hacienda Village are against this rate structure, they should put pressure on the ownership of Hacienda Village and have them form their own utility company. and make them operate according to Public Service Commission standards. Motion died for lack of a second. Motion was made by Commissioner Jacobs to send a letter to the owner of Hacienda Village and give him an option of going to requesting individual rates, or if we are to continue commercial rates then, pursuant to our policy, they would be responsible for any repairs or maintenance beyond the two 6" meters, and to respond in sixty days. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, abstain and will file a conflict of interest form; Commissioner Hartman, no; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Commissioner Hartman made an amendment to the motion that we set up Hacienda Village under residential rates; we assume the responsibility which we are supposed to have already and that we set up a special rate for citizens over 65 somehow in our ordinance. Motion died for lack of a second. . General Agenda: Report on Mr. Jacobson's Wall: Attorney Kruppenbacher said that at the last meeting he briefed the Commission on the outcome of the decision of Judge Salfi. A decision to appeal the matter was postponed because the Commission wanted an independent outside consultant to study the wall and determine the safety factor of the wall. Attorney Kruppenbacher said last week an outside consultant was contacted; and a notice of appeal was filed with the Clerk of the Court. At the next meeting a report will be given on the safety factor, and you can decide what action is to be taken. Public Hearing for Ord. No. 323, imposing a six month moratorium on the receipt of applications for review of a site plan for the development of land upon which a convenience store or gas station, not including full service gas stations will be built, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 323 by title only on second reading. Torcaso recessed the Commission Meeting and opened the public hearing. No for or against the ordinance. Mayor Torcaso closed the public hearing and Commission Meeting. Mayor one spoke reconvened the Motion was made by Commissioner Hartman, seconded by Commissioner Grove to adopt Ordinance No. 323. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, no; Commissioner Jacobs, aye; motion carried. . . . . Regular Meeting, City Commission, August 12, 1985 Page 3 84-85-24 Public Hearing for Ord. No. 324, annexing certain properties into the City, (Lots 9,10,11,13,15,17 & 18 and part of Lots 19 & 20, north of S.R. 419, Sec.5-2l-3l Phillip R. Yonge Grant and Sec. 32 Twp. 20 S Rge 31#, all fractional; and Sec. 5, Twp. 21S Rge 31E Lot 1 N or Rd (Less Ry), etc.: Attorney Kruppenbacher read Ord. No. 324 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Mayor Torcaso closed the public hearing and reconvened the Commission meeting. Motion was made by Commissioner Jacobs, seconded by Commissioner Grove to adopt Ordinance No. 324. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Public Hearing for Ord. No. 325, relating to the use of the City wastewater system, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 325 by title only on second reading. Torcaso recessed the Commission Meeting and opened the public hearing. No for or against the ordinance. Mayor Torcaso closed the public hearing and the Commission meeting. Mayor one spoke reconvened Motion was made by Commissioner Jacobs to adopt Ord. No. 325. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Resolution No. 513 for participation in the 1986 Community Development Block Grant Entitlement Program: Attorney Kruppenbacher read Resolution No. 513 by title only. Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to adopt Resolution No. 513. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. Waiver to Subdivision regulations - Morie & Ward: Motion was made by Commissioner Jacobs to waive the subdivision requirements as requested providing they pay the 5% for recreation. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aey; motion carrried. Renumbering of Morton Lane: A Workshop Meeting was called for Monday, Aug. 19, 7 p.m. to discuss addressing and the 911 System. Industrial Waste Services request for rate increase in commercial rates: Mr. Pat Thornhill, I. W. S., was present requesting an increase of $1.24 per yard in the commercial refuse rates. Motion was made by Commissioner Hartman to give a ninety cent increase. Motion died for lack of a second. Regular Meeting, City Commission, Aug. 12, 1985 Page 4 84-85-24 . Motion was made by Commissioner Adkins to give no rate increase for commercial rates. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hoffmann, no; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, no; motion carried. First Reading of Ord. No. 327, amending Sec. 9.5 of the City Code, etc.: Motion was made by Commissioner Jacobs to read by title only on first reading. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, no; Commissioner Hoffmann, no; motion carried. Attorney Lang read Ord. No. 327 in its entirety on first reading. Commissioner Adkins suggested that Section 1 (2) be changed to read: no permit would be necessary other than a building permit for the removal which would be incidental to the preparation of single family homes or auxiliary structures such as patio swimming pool or driveways. Strike No. 1 completely. Commission was in agreement with those suggestions. City Manager - Richard Rozansky: 1. First Reading of Ord. No. 329, adopting the FY 1985/86 Budget, etc.: Motion was made by Commissioner Jacobs to read Ord. No. 329 by title only on first reading. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. . Attorney Lang read Ord. No. 329 by title only on first reading. The Public Hearing is to be set for Sept. 23, 1985. The Ordinance is to be amended to include the Utility Budget. 2. Bids for landscaping for Municipal Building: Motion was made by Commissioner Hartman to accept the bid of Arsham & Associates, Inc., 254 Longwood Hills Road, Longwood, Florida 32750, in the amount of $18,637.85. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. 3. 1984/85 Utility Audit Proposal: Manager Rozansky was authorized to sign the proposal. 4. 911 System-Addressing-Set Workshop The Workshop Meeting was called for Monday, Aug. 19, 7 p.m. to discuss the 911 System and also to discuss the FY 1985/86 Budget. Manager Rozansky reported on the MacAsphalt Bid for resurfacing certain roads. MacAsphalt said they would be unable to pave just Sheoah Circle at their bid price of $2.10 per yard. They would pave Sheoah Circle for $2.69 a yard. They will hold their bid in abeyance for 60 days if we decide to pave some of the other roads. . 5. City Engineering: Motion was made by Commissioner Jacobs to authorize the City Manager to hire a city engineer in the salary range not to exceed $35,000.00. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. . . . Regular Meeting, City Commission, Aug. 12, 1985 Page 5 84-85-24 Manager Rozansky introduced Gil Artman, Director of Public Works. He thanked Chief Govoruhk for his work as director of Public Works since the departure of Mr. Hassler. Winter Springs Water and Sewer: The ponds are being tested. Municipal Complex: A walk through inspection is scheduled for tomorrow, Aug. 13, 1985. Monthly reports have been distributed. The annual bill from the East Central Florida Regional Planning Council is $2,203.00; the meeting with the County Commission will be Nov. 12, 3:30 p. m. Motion was made by Commissioner Hartman that we get the Public Works Dept. to get another lawnmower. If we have time for an employee to use it from the Water Company, that we transfer an employee to the Public Works Dept. from the Water & Sewer Co. Seconded by Commissioner Grove for discussion. Discussion. Motion was withdrawn. Motion was made by Commissioner Jacobs to authorize Winter Springs Water & Sewer to go out and get the piece of equipment requested (John Deere 850 ). Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, no; Commissioner Hartman, no; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Jacobs to place Florida Public Utilities on the Agenda. Seconded by Commissioner Hartman. Discusison. Vote on the motion: Commissioner Hartman, aye; Commissioner HOffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Motion was made by Commissioner Jacobs to charge Florida Public Utilities $100.00 per day for every day beyond August 15th for not removing their pipe. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Manager Rozansky reported that Glenn Whitsett is working on the Recreation Dept. and a golf tournament is being organized. Commission Seat I - Jim Hartman: Commissioner Hartman spoke about the summary of the recommendations to the Seminole County Board of County Commissioners by the Transportation Management Program Steering Committee for the Transportation Management Program, Seminole County. Copies are to be distributed to the Commissioners. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann said the Tuscawilla Homeowners have asked him to ask the Police Chief to consider "No Passing Signs" on Winter Springs Boulevard or bicycle lanes. There are some pot holes on Winter Springs Boulevard right off of Tuscawilla Road. Regular Meeting, City Commission, Aug.12, 1985 Page 6 84-85-24 . Commission Seat III - Buck Adkins: Commissioner Adkins asked the Police Chief to write a letter to the 7-11 store and give them 60 days to correct their problem. Commissioner Adkins said no one has ever gone in to Bear Creek Estates to spray. Appointment to Board of Adjustment: Motion was made by Commissioner Adkins that the Commission second and agree with the nomination of A1 Girda to the Board of Adjustment to take Gi1 Artman's place. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked that the charges that Mr. Dougherty spoke about in reference to I.W.S. be looked into. Commission Seat V - Leanne Grove: Commissioner Grove spoke about the 1985 Directory for the Longwood-Winter Springs Chamber of Commerce. She spoke about the incorrect information and suggested the City form their own Chamber. Commissioner Grove spoke about the need for repair of the drainage system along Alton Road. . Mayor's Office: Mayor Torcaso spoke about the Florida Coalition of Auto Safety and the Commission was in agreement to pass a resolution. Mayor Torcaso reported that eight different people have put in bids for the contract station. Appointment of Trustee for the Pension Plan: Mr. Jim Conger, Highlands, was appointed to serve as Trustee for the Pension Plan. Meeting adjourned 11:50 p. m. Respectfully submitted, Approved: ~r:~ Mary T. Norton, City Clerk . "t . FORM 4 MEMORANDUM OF VOTING CONFLICT , THE BOARD. COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ CITY C COUNTY C OTHER LOCAL AGENCY C STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY CJ~7f ,(),& /.V/~~ S/,(!#/"..r WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN IS DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners ofa Community Redevelopment Agency created or designated pursuant to Section 163.3560r Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I. the undersisned local public ollicer. hereby disclose that on ;f'7PJ7"' Lti4 .19 h : (a) I abstained from voting on a matter which (check one): _ inured to my special private gain; or ~ured to the special gain oflll'l~ /l.a),9uf~&"'e4e"e ..I /~A I!AOieNrh 1It.~4~ . by whom I am retained. .. (b) The measure on which I abstained and the nature of my interest in the measure is as follows: ~/)/II.f~t . t!)~ ~.~ 70 /ffJgue ..6//n'.Af. ~, Ahlre~/ .f4"HII"~ M' /I",!l&k~ ~~,,~ / ",,.,./ n -"&U"", '7 R#J.....,p~7;" ,;= -fL"KI'/U ~/K~7'. A'Nd' "",e-7ir,eJ: / /I~Q.s-r- /~ /:?h ~. Datfliled Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within IS days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 _: (a) I voted on a matter which (check one): _ inured to my special private gain; or ~~~mqflq:.' _ inured to the special gain of (b) The measure on which I voted and the nature of my interest in the measure is as follows: AIJG 1 ~'19851 CITY of WINTER SPRINGS CITY HAll Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (I S) days following the meeting during which the voting conflict occurred with the person re~ponsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA ST ATUTESfll2.317(1983). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED $5.000.