HomeMy WebLinkAbout1992 09 14 City Commission Regular Minutes
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
SEPTEMBER 14, 1992
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 John Langellotti, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, present
Commissioners:
John V. Torcaso, present
Don Jonas, present
Terri Donnelly, present
Cindy Kaehler, present
The invocation was given by Commissioner Don Jonas and the pledge of allegiance to
the flag was led by Commissioner Terri Donnelly.
Approval of minutes of August 24, 1992: There were no corrections or additions to
the minutes; the minutes stand approved as presented.
Public Comment:
Mayor Kulbes recognized the Boy Scouts from Troop 491 who were in the audience. These
young men were working on a merit badge.
Mike Bass, Tuscora Drive, spoke about the extension of Tuscora Road and the discussions
regarding the high school and using the Tuscawilla site. He asked the City to give
clear direction to the School board telling them we welcome the school and the only
caveat is that Tuscora Road be put through.
Joe Genova, Addidas Road, spoke about Ord. 521 procedures that were followed and about
AARP. He made a corrected statement regarding the assets of AARP. He said their
assets are 331 million dollars and they are a commercial enterprise.
Art Hoffmann, Mt. Laurel Drive, said the Longwood/Winter Springs Chamber of Commerce
is going to honor the City of Winter Springs on Sept. 28th. He said they have asked
the City Manager, City Clerk and any staff the Manager wishes to invite to come to
their luncheon meeting. Mr. Hoffmann also announced that at the Oct. 8th meeting of
the Civic Association there will be a presentation by Florida Power Corp. on how to
prepare for a hurricane.
Mr. Denny, Pebble Beach Circle West, spoke about the BOWS Board project to design a
new sign for the entryways to Winter Springs. He said before the Board can go ahead
with the project, they need to know from the Commission if such a sign is designed
and approved, will the Commission adopt it for use at the entryways to the City. The
consensus of the Commission was yes they would.
Gay Bess, Vistawilla Road, said there is a large amount of homeowners present this
evening that are not in agreement that Tuscora Road should be dead ended. She asked
for a show of hands in support of Mr. Bass.
The City Planner, Greg Kern, said he spoke with Diane Kramer today and she said they
are looking into realigning the road as they know it has to go through to S.R. 434.
Commissioner Kaehler asked for a copy of the Tipton study which addressed the traffic
impact of the high school.
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Regular Meeting, City Commission, Sept. 14, 1992
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Public Hearing for 1992-1993 Fiscal Year Tentative Budget:
Ad Valorem Millage-Discussion; Recompute and announce Tentative Millage Rate and
Adopt Tentative Millage Rate; Adopt Amended Tentative Budget:
Manager Rozansky said the purpose of this Tentative Budget Hearing is to adopt the
Tentative Budget for Fiscal Year 1992-93. The Hearing is held pursuant to law. The
first substantial issue to be discussed is the percentage increase in millage over
the rolled back rate necessary to fund the budget if any and the specific purposes
for which the ad valorem revenues are being increased.
Prior to conclusion of the Hearing the Commission shall receive public input, amend
the Tentative Budget as it sees fit, recompute the proposed millage rate; publicly
announce the percentage if any by which the proposed millage rate exceeds the rolled
back rate, then the Commission will adopt the Tentative Millage and finally it will
adopt the Tentative Budget for FY 1992-93.
Manager Rozansky briefly reviewed the Revenues. Total Revenues for the General Fund
are $6,705,223 and total Budgeted Revenues are $11,009,614. Total General Fund
Expenditures are $6,705,223 and Other Operating Funds are $4,304,391; total $11,009,614.
This Budget allows for a clerk and a Resourse Officer in the Police Department; four
maintenance people, a program coordinator and secretary in the Recreation Department
and three firefighters. The Pension is 4%; Merit Increases 0-6%, paid health and life
insurance, sick leave, vacations and 10 holidays and Workmen's Compensation.
Mayor Ku1bes recessed the Commission Meeting and opened the Public Hearing to the public.
John Ferring spoke about the surplus monies that are returned to the City from the
publication of the Winter Springs Bulletin. He asked if those monies could be retained
by the Civic Association this year. He said they are in need of updating their holiday
decorations for the City.
No one spoke against the Budget. Mayor Ku1bes closed the Public Hearing and reconvened
the Commission Meeting.
Commissioner Kaehler spoke about the memo from the Finance Director regarding the
salary variance. Discussion followed on merit increases. Commissioner Kaehler asked
for an explanation in writing regarding $5,000 difference in merit increases.
Manager Rozansky reviewed the Revenues of the Winter Springs Water & Sewer West which
totaled $2,531,392. Then the Expenditures for WSWS West were reviewed. Total
expenditures $2,531,392.
Then Manager Rozansky reviewed the Revenues and Expenditures for WSWS East which
totaled $2,583,222.
Mayor Ku1bes then recessed the Commission Meeting and opened the Public Hearing. No
one spoke for or against the Utilities' Budgets. Mayor Ku1bes closed the public
hearing and reconvened the Commission Meeting.
Manager Rozansky said the proposed Tentative Millage is 3.6153 mills and this is an
increase of .05% over the rolled back rate millage of 3.6136 mills. This has to be
depicted as an increase in taxes.
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Regular Meeting, City Commission, Sept. 14, 1992
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Manager Rozansky said the reason Ad Valorem Revenues are being increased .05% over
the rolled back rate is to adequately fund the General Fund Budget so as to provide
for mandated and other required services to insure the health, safety and welfare of
the residents. Manager Rozansky recommended the Commission adopt this Budget.
Motion was made by Commissioner Torcaso to adopt the Tentative Millage Rate of 3.6153
mills. Seconded by Commissioner Langellotti. Discussion. Vote on the motion:
Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye;
Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried.
The Totals of the Tentative Budget are: total General Fund $11,009,614; Winter Springs
Water & Sewer West $2,531,392; Special Funds, Renewal & Replacement $64,500; Construction
Fund $484,008; Prior year allocation of $75,000; Winter Springs Water & Sewer East
$2,583,222; Renewal & Replacement $15,500.
Motion was made by Commissioner Torcaso to adopt the Tentative Budget as submitted.
Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner
Jonas, aye; Commissioner Langellotti, aye Commissioner Donnelly, no; Commissioner
Kaehler, no; Commissioner Torcaso, aye; motion carried.
Commissioner Kaehler said she would like to clarify her no vote. She felt that this
was a very fair budget. She really did not want to have to vote no but during the
many Workshop Hearings she asked very specifically for explanations, very clear
explanations and stated at that time, if she did not get the explanations, that she
would not vote for this budget.
Mayor Kulbes called a recess at 8:55 p.m. and called the meeting back to order at
9:05 p. m.
Public Hearings and Second Readings of Ord. NO. 527, relating to Interim Services Fees,
etc; Ord. No. 528, providing for Franchise Fee for Bellsouth Telecommunications, Inc.
etc. and Ord. No. 529, amending the 1991-92 Fiscal Year Budget, etc.:
Attorney Kruppenbacher read Ord. No. 527, 528 and 529 by title only on second reading.
Mayor Kulbes recessed the Commission Meeting and opened the Public Hearing for Ord. No.
527. No one spoke for or against the ordinance. Mayor Kulbes closed the public hearing
and reconvened the Commission Meeting.
Motion was made by Commissioner Torcaso to adopt Ord. No. 527. Seconded by Commissioner
Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner
Donnelly, no; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas,
aye; motion carried.
Mayor Kulbes recessed the Commission Meeting and
528. No one spoke for or against the ordinance.
hearing and reconvened the Commission Meeting.
opened the public hearing for Ord. No.
Mayor Kulbes closed the public
Motion was made by Commissioner Kaehler to adopt Ord. No. 528. Seconded by Commissioner
Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner
Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner
Langellotti, aye; motion carried.
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Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord.
No. 529. No one spoke for or against the ordinance. Mayor Kulbes closed the public
hearing and reconvened the Commission Meeting.
Motion was made by Commissioner Langellotti to adopt Ord. No. 529. Seconded by
Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Kaehler, aye;
Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye;
Commissioner Donnelly, aye; motion carried.
Financial Advisor Report-Water & Sewer Refunding/Consolidation:
Resolution No. 683 and 684 were removed from the Agenda.
Mr. Lentz explained because of the effect of the hurricane on the bond insurance
community, MBIA has asked for an extension. He said as soon as he hears from them,
he will get back to the Commission and ask the Commission to approve the bond sale,
the bond resolutions and the preliminary official statement.
Bill Jacobs, S. Edgemon Avenue, asked whether or not it was permissible for the City
to utilize money, men and/or materials from one utility to the other. He also asked
can the two issues be refunded without consolidation and the other question, why are
we consolidating? He also asked about what should be done with the two plus million
dollars at WSWS West. Manager Rozansky was asked to contact Attorney Lang for the
answers to these questions.
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City Manager Ricahrd Rozansky:
Computerization: Manager Rozansky said at the Workshop the Commission agreed that
this is the general direction we want to move as outlined in Mr. Kern's letter of
September 8th. He asked for some kind of formal approval. Commission was in
agreement to move on and a motion was not necessary as it was already in the budget.
Tuscawilla-Maintenance of Common Areas:
Mr. Genova explained the issue first arose in 1988 and has been on-going. He said
they are faced with urgency and something has to be done. Attorney Kruppenbacher
explained the preliminary legwork has been done and now the issue becomes how is the
City or if the City is going to deal with the maintenance of those areas.
Attorney Kruppenbacher said the City has a multitude of options. They could say they
are not going to deal with it, its not our property, and to the extent the City does
own any of the property, we will maintain it. The City could decide to have a
referendum to see whether or not the homeowners wanted a district to take care of it.
That route would be an enormous delay. Or the City could go with the creating of a
neighborhood improvement district, created by the Commission and designed to allow
them to raise the funds across the P.D.D. with the City controlling and appointing
members of the Board to sit there, or it could go through a special assessment process.
Attorney Reischmann said he lives in Tuscawilla and has been retained by the home-
owners of Tuscawilla to try to give some legal guidance as to what the options are.
He said he contacted the City of Fort Lauderdale because they have created seven of
these types of districts and they have learned of some of the advantages and dis-
advantage.
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Regarding the referendum, if the proposed district was the geographical area of
Tuscawilla, you would have every registered voter whether or not the voter was a
renter, or owner voting on it. The way these referendums are set up, if someone
fails to send back their ballot it is counted as a no vote. Attorney Reischmann
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feels there is some legitimate concern whether or not you could obtain a fair and
impartial vote on whether the referendum could be passed. Then there is the cost
of the referendum and the delay.
Attorney Kruppenbacher suggested a workshop be called to discuss this issue. The
issue was put on the Workshop Meeting for Monday, Sept. 21.
Attorney Reischmann said this is a very complicated and controversial issue and
under any scenario that the Commission chooses, there is not going to be any revenues
coming in for a substantial period of time.
Manager Rozansky said the Tuscawilla Homeowners Assn. would take care of the median
and the entranceways in the meantime and the City would be responsible for the right
of ways. Mr. Genova said he sent a memo that as of Oct. 1 the Homeowners Association
will take care of those properties contingent upon something being done hastily.
Paul Partyka, Oswego Court, said they want to keep the property pretty and it would
cost approximately $35.00 per household per year.
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Tuscawilla-Water Treatment Plant: Report/Findings of electrical malfunction 8/14/92
and Recommended corrective action:
Manager Rozansky reported he gave the Commission a report along with a memo from the
Utilities Director, the Fire Marshall's report and also the Building Inspector's report.
Terry Zaudtke referred to his memo of Sept. 8 regarding the recommended corrective
action. His recommendations are as follows:
1. Make minimal repairs to the existing electrical system to make it fully
operational in accordance with electrical code. This involves repair/
replacement of the No. 1 disconnect and some additional wiring.
2. Prepare a design for a new electrical system capable of 1200 Amps.
3. Prepare a design for a new high service pump to meet FDER requirements.
4. Bid the new electrical system as soon as possible and proceed with construction.
5. Implement the pump design project as required by FDER.
Motion was made by Commissioner Torcaso that we approve five items proposed by
Conklin, Porter & Holmes. Seconded by Commissioner Langellotti. Discussion. Vote on
the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner
Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried.
Reports:
Manager Rozansky said the City Engineer has a report on Unit 14C.
Leonard Kozlov, City Engineer, reported on the borrow pit issue. He said we presently
are in a phase of a hearing which for the moment has been delayed by the other side.
Last week we received a copy from SJWMD an exemption for any kind of a permit to
Sullivan Materials. They were given an exemption in lieu of going forward with the
permit for 14C.
Mr. Kozlov explained the Sullivan people went ahead and applied for a consumptive use
permit from the SJWMD. With the concurrence of the Commission the City proceeded to
challenge the proposed issuance of a permit. In the process of their application
situation we filed a petition to challenge the issuance of that permit.
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The hearing has been delayed until October, and Mr. Jeff Elridge in Palatka went
ahead and reissued a letter saying that that particular permit is not necessary and
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Sullivan Materials now has an exemption from any kind of a permit from the St. John's
for l4C.
Mr. Jonas asked if they can now go ahead and dig the borrow pit and Mr. Kozlov
answered no, they initially came to this Commission requesting a permit and it was
denied. The reason for the exemption was because they were not discharging water off
site. Mr. Kozlov said we are still in the process for a hearing with DER on Unit 15
which is the area that runs on the southern perimeter of SR 434 on the other side of
the railroad tracks.
Attorney Kruppenbacher explained in order for an entity to dig a borrow pit in this
City they have to obtain a permit from this City Commission. He said he needs the
Commission's authority because there is some discussion to use Mr. McIntyre and he
has been on a hold status because of the cost. The City Manager explained we are
paying the engineer and they are using him as their engineer. After discussion,
City Attorney Kruppenbacher asked if he could have the authority to take the steps
to properly protect the City and he will come back. He said he would get with the
City Manager and City Engineer.
Attorney Kruppenbacher spoke about the meeting of the Board of Trustees with
representatives from the Florida League of Cities. He said Mr. Ferring asked about
having a financial advisor to advise them so they can evaluate all this information.
Attorney Kruppenbacher spoke to Mr. Lentz and he offered gratis to sit with the Staff
and Pension Board Trustees and give them his insight based on his years of experience.
Attorney Kruppenbacher stated the new Ordinance will start in November.
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Commission Seat II - Don Jonas:
Commissioner Jonas asked about the Warren Williams property. Don LeBlanc, LDC,
said they are redoing all those plans for Highland Lakes.
Commission Seat III - John Langellotti:
Commissioner Langellotti asked about Code Enforcement and Attorney Kruppenbacher
suggested changing their meeting times to once a month. Commissioner Langellotti
asked that the street lighting issue for Country Club Village be put on the agenda
for the next Regular Meeting.
Commission Seat IV - Terri Donnelly:
Commissioner Donnelly said she is hoping to take a vacation so she will not be here
on Sept. 28th.
Commission Seat V - Cindy Kaehler:
Commissioner Kaehler asked that an audit be done for Cablevision by Ernst & Young
to have the gross receipts checked. She said Mr. Bertram said there would be no
cost to the City and she would hold him to that.
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Commissioner Kaehler reported that the Tourist Development Council and the Soccer
facility people had a meeting on Friday and all the facilities that were looked at
were rated. She said the property that is being recommended now is County owned
and the next one on the list is Winter Springs. She said this property is in the
We kiva jurisdiction and they have to have a hearing. If there is any problem or
anyone protests that will set their schedule back. Commissioner Kaehler suggested
we should proceed as though it were still active, and Commission was in agreement
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Regular Meeting, City Commission, Sept. 14, 1992
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for Staff to proceed.
Commission Seat I - John V. Torcaso:
Commissioner Torcaso spoke about raises for employees and 6% for retirement.
Mayor's Office:
Mayor Kulbes spoke about Chief Govoruhk's report on the new school zones within the
City. He suggested sending the School Board a letter stating we would appreciate
if they would confer with us before they take action in our City.
Manager Rozansky spoke about the nine - ten acre site next to the park, we would
like to get for use of the City but that it needs to be appraised. Commission was
in agreement to get it appraised.
Meeting was adjourned 11:15 p.m.
Respectfully submitted,
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City Clerk
,MAYOR