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HomeMy WebLinkAbout1993 01 11 City Commission Regular Minutes . . . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 11, 1993 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 V. Torcaso, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Don Jonas, present John Langellotti, present Terri Donnelly, present Cindy Kaehler, present For the invocation Commissioner Langellotti asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Terri Donnelly. Approval of minutes of December 14, 1992: there were no additions or corrections; the minutes stand approved as presented. Public Comment: Dick Denny, Pebble Beach Circle West, spoke about the Workshop held in December relating to the Lakes of Tuscawilla. John Ferring, Benitawood Court, spoke about the increase in cablevision rates. Joseph Bozic, Carrington, spoke about the Lakes of Tuscawilla. He said the residents of a substantial portion of Tuscawilla will be subjected to unacceptable machine sound levels for a period of 8 to 9 months or longer, as necessary, to remove a massive quantity of earth. He said although the machine operators will wear sound attentuating devices by law, it is not reasonable to expect the general population which lives along this area, to do so in their area of residence. Hearing loss in the young and in older has been well documented publicly as well as unpredictable human behavior in long periods of extended noise. It takes horsepower to dig dirt and horse power makes noise. He went on to explain the National Engineering Magazine suggests that public recognition of this noise problem will yield substantial in- creases in the compensation schedule for the legal profession and maybe the engineering profession as well. Mr. Bozic asked that the statement of this proposed hazard be made in the record. Tom Kirby, Jetta Point, spoke in favor of the proposed project. General Agenda: Public Hearing and Second Reading of Ord. No. 539, amending the Traffic Circulation Element, The Land Use Element and the Capital Improvements Element of the Comprehen- sive Plan of the City of Winter Springs pursuant to remedial action outlined in a compliance agreement with the Florida Dept. of Community Affairs; providing for severability, conflicts and effective date: Attorney Kruppenbacher read Ord. No. 539 by title only on second reading. Mayor Kulbes recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. . Regular Meeting, City Commission, Jan. 11, 1993 Page 2 Motion was made by Commissioner Kaehler to adopt Ord. No. 539. 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. Public Hearing and Second 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 to certain property of the city to a lessor; authorizing lease-purchase agreements with lessors; providing certain requirements relating to such lease-purchase agreements; providing that the obligation of the City under such lease-purchase agreements does not create a general debt or obligation of the City or the state but shall be payable from legally available revenues appropriated for such purpose; providing for severability, conflicts and effective date: Attorney Kruppenbacher read Ord. No. 540 by title only on second reading. Mayor Kulbes recessed the Commission Meeting and opened the public hearing. Mr. Bozic spoke in discussion. No one spoke against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Langellotti to adopt Ord. No. 540. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. . Approval of Tuscawilla's Maintenance Assessment Poll: Attorney Kruppenbacher explained he gave the Commission this evening two maintenance assessment surveys; one titled "Survey Assessments for Maintenance of Tuscawilla Common Areas" and a separate one for "Tuscawilla and Oak Forest Common Areas". Commissioner Kaehler asked that the survey for Tuscawilla and Oak Forest be changed to Oak Forest only so that the two areas will be completely separate. John Ferring, Benitawood Court, Paul Partyka, Oswego Court, Tom Brown,First Vice President of Tuscawilla Homeowners Association, and Jim Ryan, president of Wedgewood Golf Villas Homeowners Association, all spoke in discussion. Motion was made by Commissioner Kaehler to authorize and approve the survey poll that the City Attorney presented to the Commission this evening, to be revised one for Tuscawilla and one for Oak Forest. To be revised for Tuscawilla with $144,000 per year anticipated budget, 3,000 property owners and four dollars per month. To be revised for Oak Forest in line with the dollar figures and budget that they present to the City staff; to be sent out to all those listed by the tax rolls as owning the property in those respective areas and to be sent back to the City Clerk. 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. Georgetowne Unit II-Acceptance of improvements for platting: Motion was made by Commissioner Donnelly to accept the Georgetowne Unit II improve- ments for platting. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. . . , . Regular Meeting, City Commission, Jan. 11, 1993 Amended Page 2 92-93-6 Motion was made by Commissioner Kaehler to adopt Ord. No. 539. 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. Public Hearing and Second 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 to certain property of the City to a lessor; authorizing lease-purchase agreements with lessors; providing certain requirements relating to such lease-purchase agreements; providing that the obligation of the City under such lease-purchase agreements does not create a general debt or obligation of the City or the state but shall be payable from legally available revenues appropriated for such purpose; providing for severability, conflicts and effective date: Attorney Kruppenbacher read Ord. No. 540 by title only on second reading. Mayor Kulbes recessed the Commission Meeting and opened the public hearing. Mr. Bozic spoke in discussion. No one spoke against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Langellotti to adopt Ord. No. 540. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Kaehler, aye; motion carried. . Approval of Tuscawilla's Maintenance Assessment Poll: Attorney Kruppenbacher explained he gave the Commission this evening two maintenance assessment surveys; one titled "Survey Assessments for Maintenance of Tuscawilla Common Areas" and a separate one for "Tuscawilla and Oak Forest Common Areas". Commissioner Kaehler asked that the survey for Tuscawilla and Oak Forest be changed to Oak Forest only so that the two areas will be completely separate. John Ferring, Benitawood Court, Paul Partyka, Oswego Court, Tom Brown, First Vice President of Tuscawilla Homeowners Association, and Jim Ryan, president of Wedgewood Golf Villas Homeowners Association, all spoke in discussion. Motion was made by Commissioner Kaehler to authorize and approve the survey poll that the City Attorney presented to the Commission this evening, to be revised one for Tuscawilla and one for Oak Forest. To be revised for Tuscawilla with $144,000 per year anticipated budget, 3,000 property owners and four dollars per month. To be revised for Oak Forest in line with the dollar figures and budget that they present to the City staff; to be sent out to all those listed by the tax rolls as owning the property in those respective areas and to be sent back to the City Clerk. 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. Georgetowne Unit II-Acceptance of improvements for platting: Motion was made by Commissioner Donnelly to accept the Georgetowne Unit II improve- ments for platting. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. . . . . Regular Meeting, City Commission, Jan. 11, 1993 Page 3 Update-Lakes of Tuscawilla: Commissioner Jonas explained at the last Workshop Mr. Yeager made a presentation regarding the Lakes of Tuscawilla and that there were some concerns the Commission had, but they mentioned they would at least like to continue with the progression of the Lakes of Tuscawilla. From that time Mr. Yeager has updated all the informa- tion that was necessary for the Commission and Mr. Yeager is present this evening to update the Commission on what has been accomplished. Hugh Trees, from the law firm of Broad & Cassel representing the Sullivan property, gave a quick update. He said as far as Sullivan Properties can determine everything that was requested at the Workshop has been done. He said what Sullivan Properties was asking for the Commission to schedule this for the next meeting to address three issues: one, an amendment of the Settlement Agreement consistent with the project proceeding forward if the Commission approves the project; two, is the permit for the borrow pit and the third issue is the interpretation or definition of the language in the Comprehensive Plan regarding the prohibition on mining or excavation of minerals. Mayor Kulbes spoke to the fact that Sullivan properties did not own the property. Motion was made by Commissioner Kaehler that the mining issue concerning the Comprehensive Plan be put on this agenda tonight. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Commissioner Kaehler said she would like a favor from the Commission and that is to forget about the borrow pit and the residents in the audience. She said we are discussing our Comprehensive Plan and certain requirements in that Plan that were put there for specific reasons. One of the issues is mining and the prohibition thereof. Commissioner Kaehler said she had done a huge amount of research on the issue. She asked DCA what is their definition of mining and how they interprete the mining prohibition. Commissioner Kaehler said this issue has already been visited and she had a FAX of one particular issue. She said the issue has to be looked at separate from this borrow pit. Commissioner Kaehler said the rest of the Commission needs to look and decide whether or not they consider a borrow pit mining and the extraction of the resource sand as a mineral. Motion was made by Commissioner Kaehler that insofar as the m1n1ng prohibition in the Comprehensive Plan that borrow pits be considered mining and are therefore prohibited. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, no; Commissioner Langellotti, no; Commissioner Donnelly, aye; motion carried. Mayor called a recess at 9:50 p. m. and called the meeting back to order at 9:55 p.m. . . . Regular Meeting, City Commission, January 11, 1993 Page 4 City Manager Richard Rozansky: WSWS-Reuse Program: The Utility Director, Kip Lockcuff, reported the contract is about 50% completed; and they are pretty much on schedule and within budget. He said they started irrigating at the park in November and that has been going pretty good. The pump station which they anticipate to be completed in about three months will be the heart of the system, and once that is completed, then they can start looking at the irrigation in residential areas. Mr. Lockcuff said they have budgeted a Master Plan which they hope to start in March or April, and once that is completed they will have some idea on costs and they will take a look at what rates to be charged and also look at policies. Central Winds Park: City Manager Rozansky spoke about the problem with the fabriform at the retention pond, and the dousing tank. He said he sent a letter to Mr. Fierro about these problems and Mr. Fierro wrote back saying GCI does not feel they are responsible. Manager Rozansky spoke about the problems with the light poles, and said the Dept. of Regulation has been notified of this problem. Manager Rozansky reported that Mr. Wertz called him yesterday and a concert will be held in our park on May 30th. Commissioner Kaehler said the Tourist Development Council would like to hold their meeting on October 8th at 9:00 a.m. in the park, so that will be put on the schedule. Commissioner Jonas said there will be a ceremony for the Little Leaguers on February 20th at 9 a.m. at the park. Update of Transportation Impact Fee Review: Manager Rozansky said he would give the Commission a report. After talking to Attorney Bricklemyer he is not sure that we have to do the study, and he has not signed the Agreement with Tipton Associates. CPH Agreement-Ranchlands Drainage Study: Terry Zaudtke explained this would be the Phase 1 portion and CPH would define all the drainage basins within the Ranchlands; define all the rights-of-ways and determine what the drainage paths are and also determine what lands are available around those areas. Mr. Zaudtke said they would also have some preliminary talks with St. John's Water Management on a conceptual permit. Motion was made by Commissioner Langellotti to approve Amendment No. 18 to the CPH Agreement for the Ranchlands Drainage Study in the amount of $8,300, subject to legal review. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Kaehler, aye; motion carried. Reports: Manager Rozansky reported Mr. LeBlanc has arranged a presentation for the next meeting of the Small Materials REcovery Act. The Commission has been given a copy of the letter from Ernst & Young regarding Cablevision. . Regular Meeting, City Commission, Jan. 11, 1993 Page 5 The Commission has been given a copy of the Workshop Meetings and public hearing schedule for the land development regulations from the City Planner. Manager Rozansky asked the Commission if they wanted to take some action at the next meeting on Resolution No. 696 which was tabled in November. Commissioner Kaehler said DOT needs to send a representative to talk to the Commission about this matter. Attorney Kruppenbacher said Attorney Brown is present this evening to discuss the status of the Jackie Koch case. Attorney Brown explained since Ms. Koch has been terminated she has retained an attorney. Ms. Koch had requested a due process hearing and just prior to the scheduled hearing which was on Dec. 15, 1992, her attorney had asked if there was a chance to settle this case. Attorney Brow~ explained the end result was the hearing was postponed in order to pursue settle- ment discussions. Attorney Brown said he wanted to detail the outstanding offer and present it to the Commission. He noted that in addition to requesting the internal City administrative hearing, Ms. Koch filed charges of handicap discrimina- tion with the Florida Commission on Human Relations. Attorney Kruppenbacher's office has been working with that. . Attorney Brown explained Ms. Koch's attorney has offered to resolve this matter on the following terms: the payment of $22,500 to Ms. Koch and she will waive re-instate- ment with the City; she will dismiss all of her claims against the City which means she will give up her claim to have a due process hearing; she will dismiss any claim that she might have coming out that the City's termination was improper; she would also dismiss with prejudice her claim of handicap discrimination which is currently pending with the Florida Commission on Human Relations. She would also execute a general release in favor of the City of Winter Springs from any and all claims that she may have as a result of her employment with the City. In addition the City will give Ms. Koch a neutral job reference, and any future attempt to collect unemployment compensation will not be opposed by the City. Attorney Brown explained this settlement makes economic sense. The problem is you set a very dangerous precedent. The other back side is you could go to trial and you could lose. Attorney Brown said all we are trying to do is get this in front of you so you can give us some direction and make some type of informed decision. If the Commission needs more information Attorney Brown said just call him. Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Cindy Kaehler: Commissioner Kaehler said she is not happy with the procedures for reviewing projects in the City, and not just the borrow pit issue. There are just some things she is not happy with and it is called lack of information. This mining issue that came up on the Comprehensive Plan was something that should have been red flagged to this Commission at the very beginning of the procedures. She said having worked with the Comprehensive Plan as intimately as we have this last year she would have thought that Staff would have at least raised the flag several months ago and that concerns her. . . . . Regular Meeting, City Commission, Jan. 11, 1993 Amended Page 6 92-93-6 She said she tried to take the issue of the mining prohibition as a separate issue, but the issue does come up, why was it not raised to this Commission earlier? Commissioner Kaehler said the Commission cannot operate up here unless they have all of the information, and that is all she would ask is to give the Commission the information. She said she did not want an explanation. She said she did not want anyone to try to justify it because in her mind there is no justification. In the future any project that comes before the Commission the Staff has got to give the Commission up front. Things come up along the line that Staff wasn't aware of, submit it immediately to the Commission. She said the next time it happens she would call for the resignation of whoever has caused it. Commission Seat I - John V. Torcaso: Commissioner Torcaso noted that 30 days had passed on changing the City's contribution from 4% to 6%. Commission Seat II - Don Jonas: Commissioner Jonas spoke about the cracks in the parking lot at the park. He said after some research he found out it is very typical in the type of blacktop and how we put the black top on. He said there are other problems that exist in our parking lot and he hopes that Staff is looking into it before it gets out of hand and creates more problems. Commissioner Jonas spoke about the $4.00 bill that IWS sent out. Commissioner Jonas said there was no communication to our citizens which should have been done. He said the City had an opportunity in January where IWS would have paid the postage for that mailout for the City which would have saved us about $12,000 and the City decided against it. Commissioner Kaehler noted that IWS was supposed to say on the bill what it was for. Commissioner Jonas asked the Commission to evaluate the City Manager prior to the next Commission Meeting and turn the evaluations into the City Clerk. Commissioner Jonas said he would have an appointment to the P&Z Board replacing Martin Trencher at the next meeting. Commissioner Jonas asked the status of the drums, and Attorney Kruppenbacher said we should know the direction of that case somewhere in the next 30 days. Commission Seat III - John Langellotti: Commissioner Langellotti asked Attorney Kruppenbacher about the street lighting issue. Attorney Kruppenbacher said he is waiting for an answer from the Attorney General. Commissioner Langellotti said he attended the first game the Recreation Department had scheduled. The Police Department beat the Fire Department. He said he wanted to commend the Recreation Department for the fine job they did out there. Commissioner Langellotti asked that the septic tank problem be solved as soon as possible. Mayor's Office: Mayor Kulbes said the Florida League of Cities is looking for nominations for trustee for the Municipal Health & Trust Fund. If any Commissioner would like to be nominated let him know and he will notify FLC. Meeting was adjourned at 11:10 p. m. . Regular Meeting, City Commission, Jan. 11, 1993 Page 6 She said she tried to take the issue of the mining prohibition as a separate issue, but the issue does come up, why was it not raised to this Commission earlier? Commissioner Kaehler said the Commission cannot operate up here unless they have all of the information, and that is all she would ask is to give the Commission the information. She said she did not want an explanation. She said she did not want anyone to try to justify it because in her mind there is no justification. In the future any project that comes before the Commission the Staff has got to give the Commission up front. Things come up along the line that Staff wasn't aware of, submit it immediately to the Commission. She said the next time it happens she would call for the resignation of whoever has caused it. Commission Seat I - John V. Torcaso: Commissioner Torcaso noted that 30 days had passed on changing the City's contribution from 4% to 6%. Commission Seat II - Don Jonas: Commissioner Jonas spoke about the cracks in the parking lot at the park. He said after some research he found out it is very typical in the type of blacktop and how we put the black top on. He said there are other problems that exist in our parking lot and he hopes that Staff is looking into it before it gets out of hand and creates more problems. . Commissioner Jonas spoke about the $4.00 bill that IWS sent out. Commissioner Kaehler noted that IWS was supposed to say on the bill what it was for. Commissioner Jonas asked the Commission to evaluate the City Manager prior to the next Commission Meeting and turn the evaluations into the City Clerk. Commissioner Jonas said he would have an appointment to the P&Z Board replacing Martin Trencher at the next meeting. Commissioner Jonas asked the status of the drums, and Attorney Kruppenbacher said we should know the direction of that case somewhere in the next 30 days. Commission Seat III - John Langellotti: Commissioner Langellotti asked Attorney Kruppenbacher about the street lighting issue. Attorney Kruppenbacher said he is waiting for an answer from the Attorney General. Commissioner Langellotti said he attended the first game the Recreation Department had scheduled. .The Police Department beat the Fire Department. He said he wanted to commend the Recreation Department for the fine job they did out there. Commissioner Langellotti asked that the septic tank problem be solved as soon as possible. Mayor's Office: Mayor Kulbes said the Florida League of Cities is looking for nominations for trustee for the Municipal Health & Trust Fund. If any Commissioner would like to be nominated let him know and he will notify FLC. . Meeting was adjourned at 11:10 p.m. . . . Regular Meeting, City Commission, January 11, 1993 Page 7 Respectfully submitted, ?r;~r;~ Mary T. Norton, City Clerk ,MAYOR