Loading...
HomeMy WebLinkAbout1993 02 08 City Commission Regular Minutes EXEMPTION 92-93-8 l"-' REGULAR MEETING CITY COMMISSION FEBRUARY 8, 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 Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Approval of minutes of January 25, 1993: There were no additions or corrections to the minutes of Jan. 25, 1993; the minutes stand approved as presented. A resident of Willow Drive asked if he could be exempt from paying the garbage bill as he says he has a legitimate way of disposing of his garbage. A resident of Barrington Drive said he is gone from his home four months of the year and would like to be exempt from paying the garbage bill during that time. r Attorney Mike Jones said he has delivered a lawsuit, but has not yet filed it. He said Sullivan Properties is asking the Commission to reconsider their last decision and to call a Special Meeting. Mayor Kulbes called a Special Meeting for Monday, February 15, 1993 at 7:00 p.m. Quest Properties-Chelsea Parc at Tuscawilla Stormwater Retention Area Proposal: Mr. Bob L. Robinson,partner in Chelsea Parc and his other partner Ted Bolin were present to speak to the Commission. Mr. Robinson explained their request is to relocate an existing retention pond easement to another area on Sam Smith Park and increase the size of the overall easement 1.2 acres to a total of 1.75 acres. He said they agree to pay for an appraisal to establish the value of the proposed 1.2 acre easement increase. They further agree to pay cash or render in kind construction of trails or other park amenities that the City may desire at the park or any other location of their choice; or provide a combination of cash and an in kind construction of facilities or amenities for the City of Winter Springs. Commissioner Kaehler pointed out Staff had not had all the information. Motion was made by Commissioner Kaehler to table this until the next regular meeting until Staff has a chance to look at this. Seconded by Commissioner Langellotti. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. ,/"""" . . . 92-93-8 REGULAR MEETING CITY COMMISSION FEBRUARY 8, 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 Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Approval of minutes of January 25, 1993: There were no additions or corrections to the minutes of Jan. 25, 1993; the minutes stand approved as presented. A resident of Willow Drive asked if he could be exempt from paying the garbage bill as he says he has a legitimate way of disposing of his garbage. A resident of Barrington Drive said he is gone from his home four months of the year and would like to be exempt from paying the garbage bill during that time. Attorney Mike Jones said he has delivered a lawsuit, but has not yet filed it. He said Sullivan Properties is asking the Commission to reconsider their last decision and to call a Special Meeting. Mayor Kulbes called a Special Meeting for Monday, February 15, 1993 at 7:00 p.m. Quest Properties-Chelsea Parc at Tuscawilla Stormwater Retention Area Proposal: Mr. Bob L. Robinson,partner in Chelsea Parc and his other partner Ted Bolin were present to speak to the Commission. Mr. Robinson explained their request is to relocate an existing retention pond easement to another area on Sam Smith Park and increase the size of the overall easement 1.2 acres to a total of 1.75 acres. He said they agree to pay for an appraisal to establish the value of the proposed 1.2 acre easement increase. They further agree to pay cash or render in kind construction of trails or other park amenities that the City may desire at the park or any other location of their choice; or provide a combination of cash and an in kind construction of facilities or amenities for the City of Winter Springs. Commissioner Kaehler pointed out Staff had not had all the information. Motion was made by Commissioner Kaehler to table this until the next regular meeting until Staff has a chance to look at this. Seconded by Commissioner Langellotti. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. . . . Regular Meeting, City Commission, Feb. 8, 1993 Page 2 92-93-8 First Reading of Ord. No. 541, vacating and abandoning, solely that utility easement, less the southerly 15 ft. located behind Lots 1, 2, 3 and 4, Country Club Village Unit One, P.B. 22, Pgs. 4-6, etc. First Reading of Ord. No. 542, vacating, abandoning and closing that 14 ft. utility easement described as the east 7 ft. of Lots A, Band C and the west 7 ft. of Lots D, E and F, Blk. 18, Replat of part of North Orl. First and Second Addns., P.B. 14, Pg. 16, etc.: First Reading of Ord. No. 543, annexation ordinance (All of Lots 19, 20, 21, 22, 25 and a portion of Lot 24, all located in Blk. B, D.R. Mitchell's Survey of Levy Grant) etc. : Motion was made by Commissioner Kaehler to read Ord. No. 541, 542 and 543 by title only. 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. Attorney Kruppenbacher read Ord. No. 541, 542 and 543 by title only on first reading. Appointment/Reappointment to Council of Local Governments: Motion was made by Commissioner Torcaso to reappoint Commissioner Kaehler to the Council of Local Governments in Seminole County. 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. Oak Forest Survey: Don LeBlanc, Land Development Coordinator, said the Commission has received the package that was given to him by Oak Forest resident Mr. Ken Haynes which is similar to the one that was sent out to the Tuscawilla residents. He said it would have to be reviewed by the City Attorney. Mr. LeBlanc reported on the Tuscawilla survey, 1,334 have been returned for, 250 against; 90 invalid and approximately 20 were returned with no forwarding address. At the present time it is about 5~ to 1 with just a little over half of the mailout received. Commissioner Kaehler asked that paragraph 3 be changed to allow other improvements if the people so desired. Attorney Kruppenbacher suggested the wording, "the funds raised from each community shall be segregated and shall be spent for the maintenance of those common areas of each community and upgrades in Oak Forest as approved by the City". Mr. LeBlanc said the Oak Forest Survey would not be sent out until the Tuscawilla survey is completed. City Manager Richard Rozansky: Reports: Manager Rozansky reported he received a letter from the BOWS Board this evening as follows: "The Beautification Board would like you to give consideration to a change in use of arbor fees. The Board would like the money from such fees to be deposited in a special fund for beautification of our city. This money would be extremely useful for various projects planned by the BOWS Board." . . . Regular Meeting, City Commission, Feb. 8, 1993 Page 3 92-93-8 Commissioner Jonas complimented the BOWS Board on the fine job they are doing. Motion was made by Commissioner Kaehler that the dollars collected for the arbor permits be designated for the BOWS Board use. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Manager Rozansky reported Mr. Gil Artman has decided to retire and Mr. Steve Spencer has been made Superintendent of Public Works. Attorney Kruppenbacher reported he received a memorandum from Art Hoffmann, Chairman of the Code Enforcement Board, requesting him to appear in front of the Board to provide them with a discussion of the Florida Code of Ethics for public officers as well as the Sunshine Law. Commission was in agreement that Attorney Kruppenbacher attend the Code Enforcement Board meeting. Commission Seat I - John V. Torcaso: Attorney Kruppenbacher presented the Commissioners Resolution No. 702 which increases the City's contribution to the Pension Plan from 4% to 6%, provides for forfeitures to be returned to the fund and the City's contribution to be made in installments equally divided among the employees pay periods. Motion was made by Commissioner Torcaso to place Resolution No. 702 on the agenda. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Attorney Kruppenbacher read Resolution No. 702 by title only. Motion was made by Commissioner Torcaso to adopt Resolution No. 702. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; motion carried. Commission Seat II - Don Jonas: Commissioner Jonas asked what the name of the park on Trotwood is, whether it is Trotwood Park or Tuscawilla Park. Motion was made by Commissioner Torcaso to name the park Trotwood Park. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jonas, no Commissioner Langellotti, no; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Attorney Kruppenbacher advised the Staff check the original dedication to make sure the park was not dedicated with a particular name. Commission Seat III - John Langellotti: Commissioner Langellotti spoke about cement mailboxes, and the letter from Mr. Lein regarding the lighting issue. Commission Seat IV - Terri Donnelly: No report. . . . - Regular Meeting, City Commission, Feb. 8, 1993 Page 4 92-93-8 Commission Seat V - Cindy Kaehler: No report. Mayor's Office: Mayor Kulbes called a Workshop for Wednesday, February 24th to address the concerns regarding garbage bills. Mayor Kulbes called a recess at 8:55 p. m. and called the meeting back to order at 9:10 p.m. Mayor Kulbes stated the new Building Official by the name of Whitney Moran has been hired and will be starting in two weeks. City Manager's Evaluation: Mayor Kulbes explained this item was placed on the agenda to give the City Manager the opportunity to respond to the evaluations he received from the Commissioners. Manager Rozansky said he would like to go over the evaluations briefly and make a little statement, but he prefaced this with the comment that he is amenable and that the well being of this City is paramount to him. He said he would do whatever is necessary to protect it and keep it running smoothly. Then he read the following statement: To: Mayor-Commission, City of Winter Springs: I have been provided copies of my evaluation forms by the City Clerk on January 27, 1993. With the exception of Mayor Kulbes and Commissioner Torcaso who discussed the matter with me on an individual basis, that was the first opportunity I had to review the forms. It appears to me that the best way to address this matter is to first comment on individual reports, and second, make a general statement regarding this entire matter. EVALUATIONS Mayor Kulbes: The Mayor discussed the evaluation with me and I have no problem with the report. I do believe, based upon his comments, that I could have re- ceived a better numerical score. He has hit the nail on the head in stating that I had a tendency to be over lenient in reprimanding subordinates. I have been attempting to correct this weakness. Commissioner Torcaso: I have no problem with Mr. Torcaso's evaluation of me. Commissioner Jonas: Commissioner Jonas has not discussed this evaluation with me; consequently, it is not possible to respond to his comments in a totally informed and positive manner. The entire report, even comments on principal strengths, appear to be written in a negative sense. The first sentence, "Goes to work daily", sets the mood. I believe that the problem stems from a misunderstanding of the individual responsibilities of the Commission and Manager. Regardless I believe the assessment is biased and mislead- ing and of course do not agree with it. Commissioner Langellotti: Commissioner Langellotti has not discussed the evaluation with me. He has in the recent past assured me he had no problems with me. There is nothing to review and I reject this amateurish attempt to cast dispersions upon my * . Regular Meeting, City Commission, Feb. 8, 1993 Page 5 92-93-8 abilities as a manager. Commissioner Donnelly: Commissioner Donnelly has not reviewed this evaluation with me. Her comments are noted. This is not an honest evaluation but another attempt by her to change the Charter so that it would take three votes to fire a City Manager. I view this a political statement not an assessment of what I have accomplished or not accomplished and certainly cannot agree with it. Commissioner Kaehler: This evaluation has not been discussed with me. She does claim this was discussed with me six months ago at lunch. We have not discussed this specific report. Consequently there is nothing to respond to. She is doing exactly what she has accused me of doing over the years and I must reject this report for what it is. . General Comments/Statement: Here we go again, Commissioner Kaehler, who has been playing this little game since the day she was sworn into office, appears to have rounded up a little help. Commissioners Donnelly, Langellotti, and Jonas appear to have joined in. I am not surprised at Commissioner Donnelly but I am of Langellotti and Jonas. Mr. Langellotti recently told me he had no problems and I took him at his word. The actions of Mr. Jonas at a recent Commission Meeting not only surprised me but greatly disappointed me. I have known Mr. Jonas since the late 1970's when we were in Casselberry Rotary together. While I'm sure he feels strongly about his position I of course cannot agree with him. I do not believe I have lost the respect of my Staff, let alone control. I have never intentionally attempted to usurp the authority of the Commission. The decisions I have made I believe were mine to make. Communications do require improvement but communications run both ways. In our form of government elected officials who are in fact policy makers are not supposed to tell a manager how to handle the day to day operations of the City, let along doing it themselves. The city manager and staff should not dabble in the affairs of the commission. It seems to me that every time Commissioner Kaehler does not get her way or is unhappy about something that I do - real or imagined - we hear the same comments about not getting information without a fight, the reluctance on my part to give information, and the lack of responsiveness. What I do not hear about are the things that we do correctly. Over the years we have done plenty. We probably have the lowest millage rate in the area and provide excellent service to our residents. Our employee to population ratio is the lowest in the area and the Commission is not routinely bombarded with complaints from residents. As a matter of fact, there are a regular few who attend and have your ear. When compared to other communities by the press it is generally in a favorable manner. Thirteen years ago when I was given the privilege of being the City Manager City Hall was housed in the Civic Center and our Police Department was located at Fire Station One. Our population was some 11,000 and the budget 1.5 million. Today we have grown to some 23,000 residents and have a 16 million dollar plus budget. The City constructed and purchased numerous facilities and offers many services to residents. Our taxes are reasonable, your staff does a commendable job and is not top heavy. So. . what's the problem? . . . . II> Regular Meeting, City Commission, Feb. 8, 1993 Page 6 92-93-8 No one has ever said, "Dick you did o.k. with this or that or whatever". My salary has remained the same for almost three years. A junior manager in a smaller city with a smaller budget that is an excellent administrator but does not have the record I have makes nearly $7,000 more than I do. Finally, whenever certain individuals become upset, up pops the evaluation question. Along with the dialog on the merits of three votes firing the manager. If I treated my employees in the manner you treat your City Manager the City would have problems. It's too bad that some of you chose this manner in which to handle this problem. It's too bad you were not sophisticated enough to have talked to me in private and told me my management style was heading one way while you wanted to go the other and thought it best for the City to pay me all my benefits and terminate this relationship under amicable conditions instead of this public spectacle that some of you have engineered. It was not necessary. (End of statement). Glen Chiles, Wildcat Court, Kathleen Riley, Moree Loop, John Ferring, Benitawood Court, Bill Parham, Locust Court, Charles Holzman, South Fairfax Avenue all spoke in discussion. Commissioner Torcaso then gave his thoughts and spoke in favor of Mr. Rozansky. Commissioner Jonas, Commissioner Langellotti, Commissioner Donnelly, and Commissioner Kaehler all discussed their evaluations of Mr. Rozansky. Motion was made by Commissioner Kaehler that Dick Rozansky be terminated as City Manager of the City of Winter Springs, effective immediately. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, no; Commissioner Jonas, aye; motion carried. Commissioner Donnelly directed the City Clerk to reduce her monthly allotment by 25% and challenged each Department Head to look in their budget for 25% of the fat. Motion was made by Commissioner Kaehler that John Govoruhk be appointed acting City Manager until such time as we hire a new city manager. 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 directed the City Attorney to make the proper advertisements in the paper so that a new city manager can be hired as soon as possible. Attorney Kruppenbacher spoke about the Howard Browning trial. He said there is a proposed settlement of the case that would involve the insurance company paying an unspecified amount of money and they would dismiss that federal court trial and agree to bring the matter in front of the City Commission. If an emergency meeting is needed for the Commission to hear the particulars of this case, a special meeting will be called. Meeting was adjourned 10:25 p.m. Respectfully submitted, ,MAYOR ~/.~ Mary T. Norton, City Clerk