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HomeMy WebLinkAbout1992 12 14 City Commission Regular Minutes 92-93-5 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS DECEMBER 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, absent City Attorney Frank Kruppenbacher, present Commissioners: John V. Torcaso, present Don Jonas, present Terry Donnelly, present Cindy Kaehler, absent For the invocation Commissioner Jonas asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Deputy Mayor John Langellotti. Approval of minutes of Nov. 23, 1992: There were no additions or corrections to the minutes; the minutes stand approved as presented. . Holiday BOWS Award Presentation: Mrs. Jean Jacobs, Chairman of the Beautification of Winter Springs Board, said the Board would like to thank the Commission for the opportunity to present the winners of the first Annual Fix-up, Clean-up and Decorate Program. There were three categories and first place for appearance went to the Tuscawilla Golf Club; first place for interior decorations went to Papa Tony's and first place for exterior decorations went to Atrium II and the four businesses that participated which were Richard the BArber, Cheryl Hill, State Farm, Dr. Robert Burk, Dentistry and Action Golf. Mrs. Jacobs thanked the businesses for their participation. Public Comment: Mr. McKinney, former city employee, read his letter to the Commission which is attached to the minutes. General Agenda: Public Hearing to approve the stipulated Settlement Agreement between the City and the Florida Dept. of Community Affairs to bring the Winter Springs Comprehensive Plan into compliance with the requirements of Chap. 163, Part II, F. S.: The City Planner explained this is a stipulated Settlement Agreement with the Department of Community Affairs. Our plan was found not in compliance and DCA recommended remedial action that needed to be taken. Mr. Kern said he has been working with DCA since July 7 and once the stipulated Settlement Agreement is signed the City can adopt amendments to our Comprehensive Plan to formally update the plan and get ourselves in compliance with DCA. . Motion was made by Commissioner Torcaso to approve the stipulated Settlement Agreement with the Department of Community Affairs. Seconded by Commissioner Langellotti. Discussion. Attorney Kruppenbacher explained once we've gone through the ordinance process will result in our Comprehensive Plan being deemed accepted by the State, the Governor signing off that there are no cases not active and the matter being closed, and we will have a Plan in full compliance with the law. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. . Regular Meeting, City Commission, Dec. 14, 1992 Page 2 92-93-5 First Reading of Ord. No. 539, amending the Traffic Circulation Element, the Land Use Element, and the Capital Improvements Element of the Comprehensive Plan of the City of Winter Springs pursuant to remedial action outlined in a Compliance Agree- ment with the FDCA, etc.: Motion was made by Commissioner Torcaso to read Ord. No. 539 by title only. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; motion carried. Attorney Kruppenbacher read Ord. No. 539 by title only on first reading. Discussion followed on ways to amend Ord. No. 539 to accomplish the caveat to the mining prohibition in addition to meeting the compliance agreement requirement with DCA. Attorney Bricklemyer explained that would solve the mining prohibition but the City would run the risk of DCA not liking the City adding that and then they could say our agreement is no good. Motion was made by Commissioner Jonas to have an amendment to Ord. No. 539 to include the allowance of borrow pits or mines. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Torcaso, no; Commissioner Jonas, aye; Mayor Kulbes, no; motion failed. Motion was made by Commissioner Donnelly to approve Ord. No. 539 as submitted. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. . Public Hearings and Second Readings: Ord. No. 535, vacating, abandoning and closing a portion of Onieda Lane (50' ROW and Otisco Way (50" ROW), etc.: Ord. No. 536, amending a scrivener's error in Sec. 15 Effective DAte of Ord. No. 513, etc.: Ord. No. 537, relating to the collection of solid waste and recyclable materials; providing for mandatory collection; prohibiting the removal of recyclable material from containers; providing for a solid waste collection rate resolution providing for enforcement and penalty provisions, etc.: Ord. No. 538, amending Sec. 19-97 Billing, payment, delinquency, Sec. 19-100 Application requirements and Sec. 19-102 User charge schedule, General of Art. II, Chap. 19, Div. 4 Rates, Fees and charges, etc. Attorney Kruppenbacher read Ord. No. 535, 536, 537 and 538 by title only. Attorney Kruppenbacher explained in Ord. No. 537, Sections 2, 3 and 4, on Page 2 are deleted; on Page 11, Sec. 2 which calls for certain fines for violations amending Paragraph 1 to say that the violations are punishable in accordance with law to be deleted; Sec. 5 on Page 12 will be deleted, renumber the paragraphs accordingly. He recommended it be passed subject to comments and conditions outlined in the Commission Workshop Meeting of November 2, 1992. Mayor Kulbes recessed the Commission Meeting and opened the Public Hearing for Ordinance No. 535, 536, 537 and 538. No one spoke for or against the ordinances. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. . . . . Regular Meeting, City Commission, Dec. 14, 1992 Page 3 92-93-5 Motion was made by Commissioner Langellotti to adopt Ord. No. 535 as submitted. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; motion carried. Motion was made by Commissioner Langellotti to adopt Ord. No. 536. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Motion to adopt Ord. No. 537 subject to the City Attorney's comments and to the fact that the franchise agreement and specs and ordinance all conform to the comments and intent of the Commission as expressed at their Workshop and to the representations of the franchise fee by Commissioner Donnelly. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Motion was made by Commissioner Torcaso to adopt Ordinance No. 538. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; motion carried. Conceptual Plan for Grand Reserve (across from Arbor Glen) was removed from the Agenda at the request of the Developer. Chelsea Parc Phase II -Approval/Disapproval of Final Engineering (formerly Braewick): Commissioner Jonas asked if the City is going to do away with concrete mailboxes. Attorney Kruppenbacher recommended the City deal with the problem and either change the Code or enforce the Code. Motion was made by Commissioner Torcaso to approve final engineering of Chelsea Parc Phase II. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Torcaso, aye; motion carried. Election of Deputy Mayor: Commissioner Jonas nominated Commissioner Torcaso for Deputy Mayor. Seconded by Commissioner Langellotti. Motion was made by Commissioner Langellotti to appoint Commissioner Torcaso as Deputy Mayor. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. City Manager Richard Rozansky: Proposal-Tipton Associates, Inc.-Update of Transportation Impact Fee Review: Motion was made by Commissioner Langellotti to approve the proposal from Tipton Associates, Inc. subject to legal review. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. . . . Regular Meeting, City Commission, Dec. 14, 1992 Page 4 92-93-5 Resolution No. 699, establishing Holidays for 1993, etc.: Motion was made by Commissioner Torcaso to adopt Resolution No. 699. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Small Materials Recovery Facility: Motion was made by Commissioner Torcaso to authorize the expenditure of $15,801 to Seminole County for the development of Small Materials Recovery Facility. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. First Reading of Ord. No. 540, authorizing the leasing and acquisition of previously purchased Emergency One fire trucks for City purposes; providing for definitions and findings; authorizing the City to transfer title, etc. Motion was made by Commissioner Torcaso to read Ord. No. 540 by title only. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Attorney Kruppenbacher read Ord. No. 540 by title only on first reading. Commission Seat III - John Langellotti: Commissioner Langellotti asked if the City Attorney has gotten back with Mr. Glickman as to doing the brochure for the Commerce and Industry Board. Attorney Kruppenbacher explained everyone he has contacted sayshe cannot do it. Attorney Kruppenbacher said he will send a letter to the Attorney General tomorrow. Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Cindy Kaehler: Absent. Commission Seat I - John V. Torcaso: Increase of City's contribution to Pension Plan: Motion was made by Commissioner Langellotti, seconded by Commissioner Torcaso, to authorize the legal steps to be taken to amend the City Pension Plan to have the forfeitures returned back to the Pension Fund. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Torcaso, aye; motion carried. Attorney Kruppenbacher explained that will be effective upon the appropriate steps being taken. Motion was made by Commissioner Torcaso to direct the City Attorneys and Staff to begin to take the steps to complete the process of assuring that there will be an increase in contribution of 2% in 92-93 year, in effect in 90 days. Seconded by Commissioner Langellotti. Discussion. . . . Regular Meeting, City Commission, Dec. 14, 1992 92-93-5 Page 5 Commissioner Langellotti withdrew his second. Motion was made by Commissioner Torcaso to accomplish the 2% within the next 90 days; to have a monthly contribution as opposed to a yearly contribution; however in the event there is some legal problem that precluded it and if there is no legal problem and Finance has a problem, then Finance needs to come back to you at the next meeting and tell you what the problem is. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Commissioner Torcaso asked if the Public Works Department could raise our red sign at the park about 10 feet so people can see it when they are driving by. Commission Seat II - Don Jonas: Commissioner Jonas thanked everyone that was involved in the grand opening of Central Winds Park. Mayor's Office: Mayor Kulbes read a letter from the Winter Springs Art Festival committee on behalf of the Tuscawilla Rotary Club thanking the City of Winter Springs Staff and specifically the Police, Fire and Parks Departments. Special mention to Glen Whitsett, Bill Johnson, Danny, Linda and the balance of the Central Winds Park crew. Mayor Kulbes said he received a letter from Governor Chiles asking the City to participate in the Giftof Hope for the people residing in Homestead. He said he would be going down to Homestead on Dec. 21st taking toys and donations, and a tree ornament from the City which was made by Lynn Cline. Meeting was adjourned 8:50 p. m. Respectfully submitted, ~-r: ~ Mary T. Norton, City Clerk APped: ~:I' [-it<;. ~~ ,MAYOR PH L P A. KULBES