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HomeMy WebLinkAbout1986 01 27 City Commission Regular Minutes ". 85-86-9 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 27, 1986 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: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present The invocation was given by Commissioner Philip Kulbes and the Pledge of Allegiance to the flag was led by City Manager Richard Rozansky. Motion was made by Commissioner Kulbes to approve the minutes of January 13, 1986. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. . Public Input: Mayor Torcaso talked about the petition he received to clean up the Ranchlands. Mayor Torcaso also announced that at the February 24th Commission Meeting there will be a presentation by the "Citizens Against Crime". Jerome Lasick, Oak Forest, had questions about the proposed percolation ponds. Kathleen DeGrenia, Highlands, spoke about the suggestion to have the Commission reports at the beginning of the meeting. Charles Ashley, Dunmar Estates, had questions about the Seminole Utility Appeal. General Agenda: Public Hearing for Ord. No. 336, vacating the southeasterly .7 feet of that certain five feet of Lot 21, Blk. G, N.Orl. Terrace Sec. 4, Unit 1, etc. Second Reading.: Attorney Lang read Ord. No. 336 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 to adopt Ordinance No. 336. Seconded by Commissioner Hoffmann. Discusion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Public Hearing for Ord. No. 337, establishing permitting procedures for and prohibitions against removal or damage of trees, etc. Second Reading. Attorney Lang read Ord. No. 337 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 Hoffmann to adopt Ord. No. 337. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. . . . Regular Meeting, City Commission, Jan. 27, 1986 85-86-9 Page 2 Public Hearing for Ord. No. 338, imposing a one year 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 Lang Read Ord. No. 338 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 Kulbes to adopt Ord. No. 338. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Public Hearing to consider an Appeal from Board of Adjustment decision denying the conditional use for a public utility service structure-Seminole Utilities, Inc./ Bel-Aire Homes, Inc. The City Planner explained that on November 7, 1985 the Board of Adjustment considered the request of Seminole Utility/Bel-Aire Homes for conditional use for the 65 acres adjacent to Oak Forest Units 4 and 5 for a public service utility structure. The Board denied the request. The City Planner further explained the Developer has changed the request from percolation ponds to spray effluent field. Mr. Jay Alpert, Winter Springs Development, Dr. Hillebrand, Jammal & Associates, Mr. Sheffield, Design Engineer, spoke for the request. Mr. Lasick, Mr. Bierkan and Mr. Ashley spoke in discussion. Motion was made by Commissioner Kulbes that this Commission overturn the decision of the Board of Adjustment and approve this request for a spray effluent field to be used as a spray effluent field only. Seconded by Commissioner Jacobs. Discussion. Mr. Mike Jones, Dunmar Estates spoke in discussion. Motion was amended by Commissioner Kulbes to include the setback of 100 feet from the property line along Dunmar and that portion of Oak Forest and subject to DER permitting and engineering approval. Discussion. Vote on the motion as amended: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, abstain. Motion carried. Planning & Zoning Board Recommendation of January 23, 1986: LeCesse Corp.-Alteration to a final development plan/Greenbriar: The City Planner gave a brief background. Motion was made by Commissioner Kulbes that LeCesse Corp. plans as submitted or with the alterations be approved and that LeCesse Corp. be authorized to continue with their work on Phase 1. Seconded by Commissioner Jacobs for discussion. Mr. William Eagan, representing LeCesse Corp. spoke in discussion. Motion and second were with- drawn. Motion was made by Commissioner Kulbes that this be not considered a major change in the final development plan and that LeCesse Corp. be authorized to proceed with Phase 1 of their project and that Phases 2 and 3 would be brought before this Board for final approval. Seconded by Commissioner Kaehler for discussion. Discussion. Second was withdrawn. Motion died for lack of a second. . . . Regular Meeting, City Commisison, Jan. 27, 1986 85-86-9 Page 3 Motion was made by Commissioner Trencher the City Commission recognizes the merits of this project and on the basis of 7.5 units per acre and agrees that the compatibility with other zoning districts in the vicinity of the subject property with the adopted plans and policies and by its right by Sec. 44.85.4 of the Code approve the project as submitted by the developer for Sections 1, 2 and 3 not to exceed 7.5 units per acre and not be construed at all to be a blanket waiver or approval of any future projects submitted by this developer or other developers in that P.D.D. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, no; motion carried. and First Reading of Ord. No. 342 vacating the north 8.3 feet of the south 10 feet of Lot 113, Wildwood, etc. Motion was made by Commissioner Jacobs to read Ord. No. 342 by title only on first reading. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Attorney Lang read Ord. No. 342 by title only on first reading. Dittmer Project: The City Planner explained the Staff reviewed the Dittmer final engineering plans about 3 weeks ago. There were several things that needed to be corrected and clarified. Mr. Dittmer has presented the deed for the 15 foot easement to be accepted by the Homeowners Association, and has also applied for the joint vacation of the extension of Wildwood Drive from Tanglewood Road to the center of the Florida Power easement and that will have to be reviewed. Motion was made by Commissioner Jacobs that we grant an extension and approve final engineering subject to the Planner's memo of January 24, 1986 and the City Engineer's letter of January 10, 1986. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Commission was in agreement to place Mr. Dittmer's annexation (Ord. No. 326) on the agenda for the next meeting. The revised Gas Tax Formula: The Commission was in agreement that Commissioner Kulbes and Commissioner Hoffmann and the City Manager would decide which plan to propose to CALNO. City Manager - Richard Rozansky: 1984-85 Audit Report: Mr. Ron Shuck, Jackie Hoefer, and Janet Berner, the City Auditors, presented the audit report for 1984-85 and made a presentation. The Auditors recommended the City pursue obtaining the Certificate of conformance from GFOA. Resolution No. 529, adopting building valuation data, etc. Attorney Lang read Resolution No. 529 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 529. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . . . Regular Meeting, City Commission, Jan. 27, 1986 Page 4 85-86-9 Resolution No. 530, appointing trustees to the Board of Trustees, etc.: Attorney Lang read Resolution No. 530 by title only. Mayor Torcaso appointed City Manager Richard Rozansky, Mayor Torcaso, Commissioner Jacobs and Jim Conger Trustees to the Pension Plan for a th~ee year term. Motion was made by Commissioner Kulbes to adopt Resolution No. 530 as amended by the Mayor. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Traffic signalization Sheoah Boulevard/S.R. 434: Manager Rozansky said he received a letter from the today and also traffic agreements and resolutions. for the next meeting. Department of Transportation This will be on the Agenda Monthly reports have been distributed. Commission Seat Motion was made of the Agenda. I - Cindy Kaehler: by Commissioner Kaehler to move Commission Reports to the beginning Motion died for lack of a second. Commissioner Kaehler suggested that the money that was allocated for the tables for the City Hall be used to buy computer equipment. Commissioner Kaehler spoke about a park for the Ranchlands; spoke about a problem with speeders on South Edgemon Avenue between Cottonwood and Murphy Roads; asked about the letter requesting a skating rink for the City, and thanked Fire Chief Holzman for judging the Cub Scout Troop Pack 196 Derby. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann said he attended the meeting of the Committee on Finance and Taxation for the Florida League of Cities. They discussed the cut back in Federal Revenue Sharing funds and are looking for alternate revenue sources. Commission Seat III - Philip A. Kulbes: No report. Commission Seat IV- William A. Jacobs: No report. Commission Seat V - Martin Trencher: Commissioner Trencher asked for the progress of the report from the City Attorney regarding the powers and responsibilities of the Commission and City Manager. Mayor's Office: Mayor Torcaso spoke about safety belts, the Jefferson Award and a resolution to adopt english as the official language. Meeting was adjourned 11:10 p.m. Respectfully submitted, ~r:~ Mary T. Norton City Clerk , .,MAYOR . .. j r . ~. l! 1 FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-.FIRST NAME-MIDDLE NAME Trencher Martin ING ADDRESS 607 M THE BOARD,'COUNCIL,COMMISSION, AUTHORITY,.oR COMMITTEE ON WHICH I SERVE IS A UNIT OF: JZJ CITY C COUNTY C OTHER LOCAL AGENCY eSTATE Winter Springs, FL DATE ON WHICH v.oTE OCCURRED 1/27/86 NAME OF BOARD. C.oUNCIL, COMMISSION, AUTH.oRITY, OR COMMITTEE City Commission C.oUNTY Seminole NAME OF POLITICAL SUBDIVISION OR STATE AGENCY City of Winter Springs CITY 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. e 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 of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or 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 undersigned local public officer, hereby disclose that on ,19_: (a> I abstained from voting on a matter which (check one): tit - inuiect to my special private gain; or _ inured to the special gain of , by whom 1 am retained. ,-;" t \. , . . (b) The measure on which I abstained and the nature of my interest in the measure is as foUows: I APPEARED AS A W1TNESS BEFORE THE BOARD OF ADJUSTMENT. Da,.:10j{b Signature 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 I S 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 _ inured to the special gain of , by whom I am retai" (b) The measure on which I voted and the nature of my interest in the measure is as follows: 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 futeen (I S) daysfollowina the meeting durina which thevoting conflict occurred with the person responsible for recording the minutes ofthe 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. e NOTICE: UNDER PROVISIONS OF FLORIDASTATUTESfll2.JI7(I9IJ). A FAILURE TO MAn ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY IE PUNISHED IY 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 15.000.