HomeMy WebLinkAbout1991 07 08 City Commission Regular Minutes
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90-91-20
REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
JULY 8, 1991
The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Mayor Philip A. Kulbes at 7:30 p.m.
Roll Call:
Mayor Philip A. Kulbes, present
Deputy Mayor Paul P. Partyka, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, late
City Attorney Tom Lang, present
Commissioners:
Cindy Kaehler, present
Don Jonas, present
John Langellotti, present
Terri Donnelly, present
The invocation was given by City Manager Richard Rozansky. The pledge of allegiance
to the flag was led by Commissioner Cindy Kaehler.
Motion was made by Commissioner Langellotti to approve the minutes of June 24, 1991.
Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler,
aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye;
Commissioner Partyka, aye; motion carried.
Public Comment:
Joe Genova, Addidas Road, spoke about districting and asked if it could be changed
so the Commissioners would be elected by the residents of that district. He also
spoke in reference to the penny sales tax referendum.
Toni Igler, Cheetah Trail, spoke in reference to the article in the Seminole Sentinel
about the budget and proposed tax increase.
John Ferring, Baltic Lane, spoke about the millage rate and budget of the City of
Winter Springs.
Bill Jacobs, S. Edgemon Ave., spoke about the May unaudited Financial Report. He said
construction is down over 40% which has a direct effect on three departments within
the City.
General Agenda
Discussion of Tuscawilla P.U.D. Rezoning:
Mayor Kulbes said he discussed this matter with our Attorney and his recommendation
is because the Planning & Zoning Board is charged with the responsibility of establishing
zoning districts, that this issue should go before the Planning & Zoning Board for their
recommendations to this Body.
Commissioner Partyka explained the motion that was made was to have the City's Land
Planner give her thoughts on those certain parcels, then go to the next step.
Commissioner Partyka then read the following statement: It seems I am in a position
where I must defend myself. On July 5, 1991, Mr. Jim Mikes from Tuscawilla Country
Club sent a letter to Frank Kruppenbacher, suggesting that I along with Mr. Khemlani
were pushing Mr. Kruppenbacher into giving a unpopular legal position that the rezoning
of the "Tuscawilla PUD" will likely result in a multi-million dollar damage claim
against the City.
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Regular Meeting, City Commission, July 8, 1991
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Furthermore, he goes on to state that I am pushing the
"Motives that are suspect and who should not be voting
He further states "The City Council should not let his
City to incur costs and damages."
rezoning of the PUD for
on any issue affecting us".
personal vendetta cause the
I would like to know why Mr. Mikes feels my motives are "suspect" and what "personal
vendetta" I have? Let me refresh everyone's memories; I have been fighting the re-
zoning of the Tuscawilla PUD before I became a Commissioner and before I knew Mr.
Mikes. The rezoning issue has come up a number of times over the past 2~ years while
in my term of office.
I first made a motion to review the PUD on Feb. 13, 1989; I further made a motion on
Dec. 11, 1989 in reference to Parcel 51 to have a moratorium on new construction
other than single family homes/townhouses and then made another motion later on re-
zoning Tuscawilla to Rl-AA and I have brought it up again recently. As you know, I
am not a one man show but part of a 5 member Commission. The Commission approves
or disapproves motions made by any Commissioner. The most recent motion passed by
the Commission was for the City Planner to come to us, the Commission, and recommend
what should be done with the Tuscawilla PUD, whether individual parcels or the total.
You, the Commission would decide based on facts and your judgement. Why have I
consistently been for rezoning? Because my constituents have asked for this many
times. I have letters, petitions and verbal comments on what they want. I have been
the messenger. Therefore, to say my motives are suspect and I have a personal vendetta
is ridiculous.
Finally, and this is the most disturbing news I want to give you. As background, on
June 28, 1991 I resigned my membership at Tuscawilla Country Club. I resigned because
I personally could not go along with Mr. Mikes policies. I felt I needed to resign.
Mr. Mikes' response was to black ball me from the Club. In fact there are xerox
notices throughout the Club that I am not to be served even as a guest. Now I wonder
whether other resigned members are blackballed and treated this way. Mr. Mikes also
spoke to me late on Friday, June 28, 1991 and during the conversation threatened me
with a financial lawsuit and also mentioned that he would try legally not to have me
vote on issues concerning Tuscawilla. I wonder if any other Commissioner was
threatened with a legal suit?
Finally, it is a sad state of affairs that any person should threaten a government
official with financial ruin because of an official's right to vote on City business.
Let me state right now that I will not be threatened or coerced into a position that
I do not believe in. If someone wants to sue me, so be it. But we as the governing
body should not be coerced or threatened into anything. Thank you, Paul P. Partyka,
Deputy Mayor.
The City Planner explained there is much more control and protection for property
owners under the PUD system then cutting out separate parcels and rezoning them.
She pointed to the current approved master plan of Tuscawilla which shows all the
changes that were agreed upon with the settlement reached last year.
The City Planner emphasized the need to revise the Land Development Code so that when
plans come in those requirements can be enforced.
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Regular Meeting, City Commission, July 8, 1991
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David Hopkins, Chairman of the Planning & Zoning Board, explained the Planning and
Zoning Board was directed to review the Tuscawilla PUD and the possibility for re-
zoning different parts. He then read the report that was prepared and presented
to the City Commission in May of 1989 and is attached to these minutes.
Tom Freeman, attorney and resident of Tuscawilla, spoke in reference to zoning. He
said "all we're suggesting to you is this: we would like a map for the future in our
area; we would like to be secure with that map and we would like that map to reflect
good growth management. We would like that map to reflect protection for what is
there for the future. We would like that map to guarantee to us all of the categories
and all of the criteria and all of the standards that are implicit within the R-lAAA,
the R-lAA categories, the recreational. We are suggesting, most respectfully, you
should adopt a zoning classification of recreation and do away with the PUD that we
cannot defend in court."
Commissioner Kaehler said before this issue goes to Planning & Zoning, she wants to
know which way the people are protected the most; she said she wants to see in the law
where these people are protected more by residential zoning than PUD zoning.
Moti Khemlani, president of the Tuscawilla Homeowners Association, spoke in discussion.
Dottie Plater, Winged Foot Circle West and Joe Genova, Addidas Road, spoke in discussion.
Motion was made by Commissioner Partyka that we direct the Planning and Zoning Board to
review the zoning issue of the Tuscawilla P.U.D. Seconded by Commissioner Langellotti.
Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye;
Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye;
motion carried.
Mayor Kulbes called a recess at 9:15 p.m. and called the meeting back to order at
9:30 p.m.
Request of Highlands Homeowners' Association for Reconsideration of Sidewalk:
Kathleen DeGrenia, Executive Director of the Highlands, spoke to the Commission. She
spoke about the three reasons Florida Land Company gave for the deletion of the side-
walk, and the approval given by the City Commission on January 28, 1991. She asked
this be reconsidered for the safety and welfare of the residents of the Highlands.
Motion was made by Commissioner Partyka that we review this sidewalk issue pending
the City Attorney's legal review and what can or cannot be done. Seconded by Commissioner
Kaehler. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner
Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner
Jonas, aye; motion carried.
Appointment to Board of Trustees-Resolution No. 661 was deferred to the next meeting.
Bid Recommendations of Central Winds Park:
Mr. David Barth, Glatting Lopez Karcher Anglin, Project Manager, was present to
report on the bid for the park. He said 9 bids were received ranging in price from
1.8 million dollars to 2.3 million dollars.
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Regular Meeting, City Commission, July 8, 1991
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His recommendation was to award the bid to GCl. They were the low bidder and their
bid was in accordance with the Bid Documents. Mr. Barth also recommended that
Alternate No. 3 be accepted which is a deduct alternate, meaning that GCl would
deduct $28,000 from their contract and that alternate is to go from vinyl coated
chain link fence to an aluminum coated chain link fence. Another recommendation
was to add to Alternate No.2, which is to increase the quality of the sinks and
other fixtures from porcelain to stainless steel. Third recommendation was to
put fire sprinklers in both buildings in the amount of $10,700. Mr. Barth said
he is recommending the Commission accept one deduct alternate for $28,000 and
accept to add alternates for a total of $20,000, so the net result is the price
is a little below $1.8 million dollars for Phase One.
Motion was made by Commissioner Kaehler to award the Bid as recommended subject to
the Staff and Attorney approving and reviewing the appropriate contract. Seconded
by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Donnelly, aye;
Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye;
Commissioner Langellotti, aye; motion carried.
City Manager Richard Rozansky:
Presentation of Fiscal Year 1991/1992 Budget: The City Manager delivered a Budget
Message and General Operating Budget, Winter Springs Water and Sewer-West and
Winter Springs Water and Sewer East:
Emergency Services: We provide Police, Fire and Advanced Life Support Services.
The Departments are well staffed with highly qualified motivated individuals who are
truly dedicated professionals. They provide services that I believe other cities
our size and larger labor to match.
Public Works Department: This Department literally performs all maintenance on roads,
drainage systems, facilities, equipment and vehicles with the exception of very major
repairs such as our road resurfacing program, which this year is approximately $190,000.
Over the last twelve years we have put about one million dollars in resurfacing roads
in the City. When you consider the hard, nasty jobs they are required to do and the
dedication they display, and the low turnover rate in the Department, they do an
excellent job.
Building Department: There has been comments that construction is down. That is
true. Major construciton is down; however, I believe there are a number of smaller
projects and permits which require the same inspections. Additionally we are
building new homes that require inspections and follow up.
Engineering Department: We have an Engineer and an Assistant Engineer. They review
everything - all submittals to the City; they help Public Works in fixing major
drainage and other problems. Presently they are loading some stormwater data into
our computers in preparation for the adoption of our Stormwater Management Utility
which is going to be mandated.
Finance: I think the Finance Department stands on its own. They provide hands on
management for all City funds including both Utilities-this year that is some 18
million dollars and they do it with three people. Look at surrounding cities and
compare their budgets, and the complexity of their transactions to ours.
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Utilities: They stand on their own. We have owned North Orlando Water and Sewer which
is now Winter Springs Water and Sewer-West since 1984. There has not been a rate
increase. We've put about six million dollars back in the system that normally would
have went to someone for profit. We have improved it. We still have a ways to go
because some of it is antiquated.
Recreation: The final major service we give is Recreation which is really just coming
into its own, and the Commission is dedicated to improving services and the Department
is growing. Recently the Tuscawilla parks have been added. The Staff is reviewing
a proposal to improve Trotwood Park. This past year a Senior Citizens Center has been
constructed and is presently operating and very popular. Tonight we accepted the
bid for a major park which will add greatly to recreational opportunities for our
people. So you see the local government really does support local services. The
money we receive goes right back to our citizens.
Manager Rozansky then reviewed the FY 1991-1992 Budget. The total of the General
Operating Budget is $11,561,899.00; Winter Springs WAter & Sewer-West General
Budget is $2,374,093.00; The Renewal and Replacement Fund $190,000.00; the
Construction Fund from the Bond Issue is $1,624,852.00; Winter Springs Water &
Sewer-East Budget is $2,683,525.00, for a grant total this year of $18,434,369.00.
On July 15th the Commission will hold a Workshop Meeting to review the revenues and
expenditures and millage rates in preparation for July 22nd at which time this
Commission has to set the proposed millage rate, the rolled back rate and the date,
time and place of the public hearing for the Tentative Budget, which is September 9,
1991. The Final Budget Hearing will be held on September 23, 1991.
Manager Rozansky gave a little history of the City's Ad Valorem rates. 1974 was the
first year for Ad Valorem. This present year our millage was 3.6153, and the millage
rate proposed in this budget is 3.7029 which will produce $2,353,872.00 in Ad Valorem.
The percent of increase over the present millage rate is 2.4%, but the State dictates
that we advertise (we announce) the increase in millage over the rolled back rate and
that is 8.7649%.
Manager Rozansky then reviewed revenues and expenditures of the Departments, the various
Funds, personnel and salary benefit package, and the Utilities. Mayor Kulbes called a
Workshop Meeting for Monday, July 15th at 7:00 p. m.
Commission Seat III-John Langellotti:
Commissioner Langellotti asked about the water problem by City Hall.
Commission Seat IV-Terri Donnelly:
No report.
Commission Seat V-Paul P. Partyka:
Commissioner Partyka said hopefully at the next meeting he will have his appointment
to the Planning & Zoning Board. He said Industrial Waste Services, Inc. will make
their presentation on commercial recycling in August.
Commission Seat I-Cindy Kaehler:
No report.
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Regular Meeting, City Commission, July 8, 1991
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Commission Seat II-Don Jonas:
Motion was made to appoint Jean Jacobs to the BOWS Board by Commissioner Jonas.
Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner
Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner
Langellotti, aye; Commissioner Donnelly, aye; motion carried.
Commissioner Jonas asked for the public hearing and second reading for Ord. No. 506
be tabled until the first meeting in August because he will be on vacation. Attorney
Kruppenbacher said it has to be on the Agenda for the July 22nd meeting, and at that
time the Commission can vote to table to August 12th.
Mayor's Office:
Mayor Kulbes appointed Commissioner Donnelly to the Impact Fee Review Committee for
the School Board of Seminole County, and the Commission was in agreement.
Mayor Kulbes spoke about Ruth Smith's resignation from the Commerce and Industry
Board and recommended Walt Dittmer be appointed to that Board.
Motion was made by Commissioner Partyka that we nominate and approve Walt Dittmer to
the Commerce & Industry Board. Seconded by Commissioner Langellotti. Discussion.
Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner
Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion
carried.
Mayor Kulbes spoke about the City's property on Flamingo Avenue. Mayor Kulbes also
spoke about the telephone call he received from Mrs. Bush, Bahama Road, in reference
to the condition of the road.
Meeting was adjourned 11:00 p.m.
Respectfully submitted,
~r~
Mary T. Norton,
City Clerk
~ ,MAYOR