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Home My WebLink About1986 08 11 City Commission Regular Minutes . , 85-86-27 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 11, 1986 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso at 7:30 p. m. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present The Invocation was given by Commissioner Arthur Hoffmann. The Pledge of Allegiance to the Flag was led by Commissioner Martin Trencher. Motion was made by Commissioner Jacobs to approve the minutes of July 28, 1986 with one correction on page l,"motion by Commissioner Jacobs to put the definition of mini-warehouse,etc.on the Agenda." Motion was seconded by Commissioner Kulbes,not Commissioner Trencher. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. . Public Input: Mayor Torcaso presented certificates of appreciation to the following persons for their work on the proposed new Planned Unit Development Ordinance: Dick McGuire, Gene Dorman, Jay Alpert, Tom Dougherty, Commissioner Cindy Kaehler and Commissioner Philip A. Kulbes. Tom Dougherty, Oak Forest, spoke about the support for Commissioner Kaehler by the Oak Forest Homeowners, and for the Commission to work together. Request of Mr. Thomas D. Metcalf Art. XIII,Sec.44.81,Par.(f): Motion was made by Commissioner Kulbes that we grant Mr. Metcalf the 90 day extension to complete the sale of his recreational vehicle. 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. Planning & Zoning Board Recommendations of July 30, 1986: Approval of Preliminary Plan, La Petite Academy Day Care Center in Tuscawilla: Staff and Planning & Zoning Board recommend approval. Motion was made by Commissioner Jacobs to approve the preliminary plan of La Petite Academy Day Care Center in Tuscawilla. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. . Approval of preliminary development plan Tuscora Villas in Tuscawilla: Motion was made by Commissioner Trencher that we approve the preliminary development plan of Tuscora Villas in Tuscawilla subject to the following conditions: a. that Sec. 44.85.4.4g be waived and the requirement of 50 foot building setbacks from mean high water level of any body of water to the level of a minimum of 30 ft. setback with possible exceptions to be reviewed in the final engineering on an individual . . . Regular Meeting, City Commission, August 11, 1986 Page 2 85-86-27 basis of those lots where City Staff feels there may be a problem with the 30 foot setback; b.that we agree with the use of stub streets on three locations as pointed out this evening and that we will require cul-de-sacs on the east end of Street G and south end of Street B and that we will require that the developer comply with the Police Chief's memo concerning the replace of the access/egress to the Tuscora Villas Development according to his request and that we approve the reduction to 18 inches from the code requirement of 24 inches for Miami curbs as per the Planning & Zoning Board's approval. Seconded by Commissioner Jacobs. Discussion. In discussion Manager Rozansky suggested an accel lane be installed on Winter Springs Boulevard. Engineer for the project Charles True wanted it to be on the record that he does not recommend Commission approve an accel lane. Motion and second were withdrawn. Motion was made by Commissioner Trencher that we approve the preliminary development plan of Tuscora Villas in Tuscawilla and that each of the following items be voted on separately: a. reducing the 18 inch Miami Curbs from the Code requirement of 24 inches; b. agreement to have three stub streets as pointed out earlier this evening as well as requiring cul-de-sacs at the east end of Street G and south end of Street B; c. that Section 44.85.4.4g that is a requirement of 50 foot building setback from the mean high water level of any body of water be amended to request the developer to use at least a 30 foot setback but subject to possible potential exceptions to be reviewed by Staff on an individual lot basis should Staff require and find it needs additional footage; d. that the Police Chief's memo clarifying his position on the location of the access and egress and the replacing of the street to meet with his commitment also be voted on. e. Commissioner Kulbes' request on an acceleration lane on the access of Winter Springs Boulevard for this project. Each one of these items to be voted on separately. Mayor Torcaso asked for a second on Item A: Seconded by Commissioner Jacobs. Discussion on Item A. Vote: Commissioner Kulbes, no; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, no; Commissioner Hoffmann, no; motion failed. Motion was made by Commissioner Jacobs to vote on Item B. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, no; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Motion was made by Commissioner Jacobs to vote on Item C. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, no; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Jacobs to vote on Item D. Seconded by Commissioner Hoffmann. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. . Regular Meeting, City Commission, August 11, 1986 Page 3 85-86-27 Motion was made by Commissioner Jacobs to vote on Item E. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, no; Commissioner Kaehler, aye; motion carried. Motion was made by Commissioner Jacobs to approve the Preliminary Development Plan subject to all the conditions that have been outlined. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, no; Commissioner Hoffmann, aye; motion carried. Request of Joel Pipkin to annex the east 1/2 of Lot 4, Block D, D.R.Mitchell Survey (North Side of S.R. 434, one mile east of S.R. 419 intersection): First Reading of Ordinance No. 349, annexation of Joel Pipkin property: Motion was made by Commissioner Trencher to read Ord. No. 349 by title only on first reading. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Attorney Kruppenbacher read Ord. No. 349 by title only on first reading. First Reading of Ord. No. 348 adopting the Municipal Budget for 1986-1987 Fiscal Year: Motion was made by Commissioner Trencher to read Ord. No. 348 by title only on first reading. 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. . Attorney Kruppenbacher read Ord. No. 348 by title only on first reading. City Manager Richard Rozansky: Resolution No. 547 establishing the amount to be paid by the City to the Mayor and Commissioners, etc.: Attorney Kruppenbacher read Resolution No. 547 in its entirety. Motion was made by Commissioner Trencher to adopt Resolution No. 547. Seconded by Commissioner Kulbes. Discussion. In discussion Attorney Kruppenbacher opined that this resolution was to reimburse the Mayor and Commissioners for expenses and not a salary, and expenses should be incurred and if not incurred should be returned to the City. Commissioner Trencher said for the record, it is only a ruse in name only to treat this in one way or the other. As far as IRS is concerned, you file your papers and you pay what you need to pay. I have been here for five years, on and off, and I have $200.00 per month and other people have gotten other payments, and its always been treated as a payment to commissioners for services rendered, and I agree with you Frank on the letter of the law and I appreciate the advice, but I think its very clear and we should not in any attempt try to pull the wool over the people in the City of Winter Springs - this is not an expense account, this is not a salary. The salary, the amount of money will be addressed as a salary when we come up next year and convert it according to the Charter that allows us to do it. We are increasing the expense amount now because we are not permitted to do the other thing until later. . Attorney Kruppenbacher said that it is his understanding that this resolution is being passed to set as a maximum for a reimbursement of expenses the appropriate amounts in this resolution. That they are not a salary, you receive that income to reimburse your . . . Regular Meeting, City Commission, August 11, 1986 Page 4 85-86-27 expenses, and to the extent that you do not incur them you reimburse the City. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Manager Rozansky spoke about the letter from Kane & Shuck, in reference to the fees for the annual audit of the City. Their estimated fees are $13,000 - $14,250.00. City Manager Richard Rozansky also spoke about the letter from HRS in reference to our EMT Program. The licensing fees will no longer be waived and the City will have to pay $1,250 for the ALS license, $600 basic life support license and $20.00 for each vehicle. These fees will have to be included in the Budget. Attorney Kruppenbacher had the new Local Option Gas Tax Agreement. Motion was made by Commissioner Kulbes to place the interlocal agreement on the Agenda for the distribution of the gas tax. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Kulbes to approve the interlocal agreement as prepared and submitted to our Attorney for distribution of the gas tax. 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. Commissioner Jacobs asked Attorney Kruppenbacher for information on the Pension Plan. Attorney Kruppenbacher said he has asked for an opinion from the law firm that handles the Pension Plan. Commission Seat I - Cindy Kaehler: Commissioner Kaehler asked Attorney Kruppenbacher about cablevision in Oak Forest. Commissioner Kaehler also asked the dead trees be taken down in the park at Fruitwood. She asked what the surveyors were doing on South Edgemon Avenue. Commission Seat II - Arthur Hoffmann: Charter Revision Proposal: Motion was made by Commissioner Hoffmann that we authorize the Mayor to institute such a committee. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Commissioner Hoffmann asked if an application for a license has been made by Mr. Givens who had an advertisement in the paper advertising his business. Commission Seat V - Martin Trencher: Commissioner Trencher spoke about the newly paved street in the Highlands, that there is still standing water in the middle. Mayor's Office: Mayor Torcaso spoke about the letter from Senator Chiles in reference to his meeting on August 22nd at the Expo Center. Larry Cerra, Tuscawilla, spoke in reference to the Charter Review Board. . Regular Meeting, City Commission, August 11, 1986 Page 5 Meeting was adjourned at 9:25 p. m. . . Respectfully submitted, ?;1~T ~ Mary T. Norton, City Clerk ,MAYOR 85-86-27