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HomeMy WebLinkAbout1990 11 12 City Commission Regular Minutes ~ 90-91-4 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 12, 1990 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Leanne M. Grove at 7:30 p. m. Roll Call: Mayor Leanne M. Grove, present Deputy Mayor Cindy Kaehler, present City Manager Richard Rozansky, present City Attorney Tom Lang, present Commissioners: Art Hoffmann, present Philip A. Kulbes, present William A. Jacobs, present Paul P. Partyka, present For the invocation Commissioner Kaehler asked for a moment of silent prayer. Post 5405 of the Winter Springs VFW presented new flags to the City, and the pledge of allegiance to the flag was held at that time. Motion was made by Commissioner Partyka to approve the minutes of Oct. 22, 1990. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Public Comment: George Meta, Sheoah Boulevard, asked about the Industrial Waste Services contract and asked if the City has granted an increase. . Don Jonas, Seneca Boulevard, spoke about a program he wishes to institute for senior citizens called "Are You O. K.?" Mr. Jonas asked for the City's permission to raise funds for the program. Commission was in agreement. Mrs. Helen Powell, Hacienda Village, spoke about a sign on Moss Road. is a church sign at the end of the median which blocks your view when left. She asked if that sign could be moved. She said there you are turning Mr. Smith, Pearl Road, spoke about a problem he is having and Attorney Lang explained that is a boundary dispute and he would have to see a lawyer. Public Hearing for Ord. No. 497, annexation of two acres on the south west corner of Hayes Road and S. R. 434 (Petit). Second Reading: Attorney Lang read Ord. No. 497 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. The City Planner explained this request is to annex a small parcel of property on the south side of S.R. 434 on the east side of Hayes Road. If this is annexed, the next step will be to assign a land use classification. Mrs. Powell, Hacienda Village asked what the zoning would be. No one spoke for or against the ordinance. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs for adoption of Ord. No. 497. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . " .. . Regular Meeting, City Commission, November 12, 1990 Page 2 90-91-4 Public Hearing for Ord. No. 498, vacating and abandoning a drainage easement, etc. (Northerly 9 ft. of a 15 ft. drainage easement located at the rear of Lot 6, Excelsior Business Park). Second Reading: Attorney Lang read Ord. No. 498 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kulbes for adoption of Ord. No. 498. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Travel Time & Delay Studies Interlocal Agreement-Seminole County and Winter Springs: Miss Koch said she has talked with our traffic consultant and his advice was that it was not worth the cost; it could possibly hurt us in the long run, and we most likely can do it ourselves less expensively. Motion was made by Commissioner Partyka that we do not share in this inter local agreement with Seminole County with a written response telling them why we have not done so. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. . Commissioner Jacob's Statement of October 22, 1990, "Investigation of Acquisition of Seminole Utilities": Commissioner Jacobs handed out a letter which he read into the record as follows: To: Mayor and Commissioners, From: Commissioner William A. Jacobs; Re: Follow-up to letter of 10/22/90 with additional information; Prior to filing of the eminent domain on 6/26/89 Mr. Sundstrom wrote to Mr. Kruppen- bacher on 6/19/89 about a call he received from an attorney with the law firm representing Topeka about their interest in Seminole Utility. Mr. Sundstrom made light of this call and his reaction, in part was, and I quote, "so what". By ignoring Topeka's potential interest and filing the eminent domain, I believe Mr. Sundstrom cost the City tens of thousands of dollars in attorney fees to defend against the intervention by Topeka and may have cost the City up to three million dollars in acquisition costs (which was the amount of their suit). Ignoring Topeka could, and may well have been disastrous in itself but why did Mr. Sundstrom tell this Commission on 10/23/89 and I quote "we learned subsequent to the institution of the eminent domain proceedings that a thing called Topeka Group etc.", when in fact by his own correspondence he was aware of Topeka prior to filing the eminent domain. I also have a copy of the City's application to D.E.R. for a permit to operate the utility and a letter to Mr. Rozansky to correct the nitrate nitrogen (N03) concen- tration at twice permitted levels in the percolation ponds. If not corrected 610,000 gpd will be deducted from the permitted capacity. As you can well imagine this is very serious. What also is serious is this has been in violation for the past 12 months. Why didn't we know about this? Didn't the acquisition team perform a due . . Regular Meeting, City Commission, November 12, 1990 Page 3 90-91-4 diligence investigation of the utility that would have disclosed this violation? These are further examples of the acquisition team failure to fully inform this Commission so that we could make the proper determination. Instead, the acquisition team, led by the City Manager, has misinformed this Commission, made policy decisions reserved for the Commission and failed to provide us with the necessary and accurate information to make a determination whether they would approve of our decisions or not. May the proper steps be taken so this will never happen again. (End of letter). Motion was made by Commissioner Partyka that we table this issue until the next Commission Meeting where I for my part will address all points of Mr. Jacobs request. Seconded by Commissioner Kulbes. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner partyka, aye; Commissioner Kaehler, aye; motion carried. Industrial Waste Services - Recycling: Manager Rozansky said we have ordered 6,000 bins at $3.78 per bin. We piggy-backed a Palm Beach contract. The bins will probably be here forty to sixty days. The bins will be delivered to IWS and stored there till the beginning of the program. The next step is to prepare a mandatory recycling and pickup ordinance. Manager Rozansky recommended this be put on the utility company billings. . Motion was made by Commissioner Jacobs to place the rate increase for IWS on the agenda for action. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, no; Commissioner Hoffmann, no; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Jacobs to increase the base rate by $.35 per month; that increase being effective upon the passage of a mandatory recycling ordinance with the City also accepting the billing within 90 days after the passage of that mandatory recycling ordinance. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, no; Commissioner Hoffmann, no; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Motion was made by Commissioner Kulbes that an increase of $1.89 per month for recycling be authorized upon the adoption and implementation of a mandatory recycling ordinance and pickup with the City assuming the billing requirements within 90 days after the passage of that ordinance. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Hoffmann, no; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner partyka, aye; Commissioner Kaehler, no; motion carried. Motion was made by Commissioner Jacobs to put the contract for IWS on the agenda for action. Seconded by Commissioner partyka. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, no; Commissioner Hoffmann, no; motion carried. Motion was made by Commissioner Kulbes to table. Seconded by Commissioner Jacobs. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. . Mayor Grove called a recess at 9:10 p.m. and called the meeting back to order at 9:20 p. m. . . . Regular Meeting, City Commission, November 12, 1990 Page 4 90-91-4 Renewal of permit to park recreation vehicle-Mr. Edelen, 307 Birch Terrace: Mr. Edelen was present, and asked to hear what the objections to his parking his motor home were. It was explained that his neighbor complained this was an invasion of his privacy because it is parked so close to his living room. Motion was made by Commissioner Kaehler to deny the request of Mr. Edelen. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, no; Commissioner Partyka, aye; motion carried. City Manager Richard Rozansky: Acquisition of 110 Flamingo Avenue: Manager Rozansky reported that ABC Scarlata Corp., Inc. has contacted him and they would like to give the property to the City with a Quit Claim Deed. Motion was made by Commissioner Jacobs to authorize the City Manager to negotiate an agreement to accept the property subject to getting an environmental survey done and getting a title insurance policy issued to the City to insure the property is free and clear of debt and claims. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Commission Seat I - Cindy Kaehler: Commissioner Kaehler spoke about the business by Cumberland Farms that sells lawn equipment. She said the lawn equipment is parked outside without a fence or buffer and asked if outside sales are allowed in that area. Commissioner Kaehler reported on the Volunteer Park Committee meeting. At the last meeting they came up with a "Name Your Park" contest for all school children between the ages of 5 and 18 who live in the City. First place winner will receive a $100.00 savings bond and two Orlando Magic Basketball tickets; second place winner will receive two tickets for an Orlando Magic Basketball game and a $50.00 savings bond and the third place winner will receive a $50.00 savings bond. Every child that enters the contest will receive a letter and discount tickets to Universal Studios as a consola- tion prize. Commissioner Kaehler said the Committee decided to focus their attention on building the playground. She said that Don LeBlanc has the name of an individual who builds playgrounds, and the cost would be approximately $18,000. Commissioner Kaehler asked the Commission if it would be agreeable to them to take this money out of the contingency of $240,000, and Commission was in agreement to do that. Commission Seat II - Arthur Hoffmann: No report. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes thanked the Police Department and the Paramedics for their assistance at the art show. , . . Regular Meeting, City Commission, November 12, 1990 Page 5 90-91-4 Commission Seat IV - William A. Jacobs: Commissioner Jacobs said the Fire Chief is to be commended because of the letter from Cheryl Jefts and the assistance that was given to her son. Commission Seat V - Paul P. Partyka: No report. Mayor's Office: Mayor Grove read the Election results of the Nov. 6, 1990 Election as follows: Mayor: Philip A. Kulbes John V. Torcaso 3028 2503 Commissioner Seat 2: Richard P. Conniff Art Hoffmann Don Jonas 2081 1142 2251 Commissioner Seat 4: Terri Donnelly John Ferring 3057 2364 . Charter Amendment: Commission Districts -Yes No 3788 1671 Meeting was adjourned 9:50 p.m. Respectfully submitted, P;~T~ Mary T. Norton, City Clerk Approved: LEANNE M. GROVE '{OR ~~. .