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HomeMy WebLinkAbout1981 07 14 City Council Regular Minutes ~ . REGULAR MEETING CITY COUNCIL CITY OF WINTER SPRINGS JULY 14, 1981 80-81-25 The Regular Meeting of the City Council of the City of Winter Springs, Florida, was called to order by Mayor Troy Piland. The invocation was given by City Manager, Richard Rozansky. The pledge of allegiance to the flag was led by Deputy Mayor John Torcaso. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Wallace Stalnaker, present Councilmen: Jim Hartman, present Wilfred Arnold, present Martin Trencher, present Maureen Boyd, present Motion was made by Councilman Torcaso to approve the minutes of June 23, 1981. Seconded by Councilman Hartman. Discussion. Vote on the motion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. Public Input: Leanne Grove, 626 Alton Road, talked about the 305 acres of Florida Land Company and that about a year ago when they were talking about this development they said they would not use Hayes & Alton Roads for their heavy construction equipment, but they are using those roads and there are big potholes. Mayor Piland asked the City Manager to remind Florida Land that they had agreed before this council not to use those roads for heavy equipment and that they find an alternate route, or we may have to take a look at the damage to those roads. . Peter Wasilewski, Holiday Lane, said he did not like the flyers that were being thrown out. Attorney Stalnaker is to check on the Florida Statutes to see if there is any remedy on a personal basis, and the City Manager is to contact the carriers and notify them we are receiving complaints. Al Landgraf, Sugar Creek Homeowners Association, talked about three resolutions that their association addressed. He gave Council a letter about these resolutions. General Agenda: Public Hearing for citizen participation in the proposed use of Federal Revenue Sharing Funds for Fiscal Year 1981-82: Mayor Piland recessed the council meeting and convened the public hearing for purposes of hearing comment on proposed use of Federal Revenue Sharing Funds. The purpose of the hearing is to give the Staff input from local citizens on how these funds should be spent. Our initial allocation is to be $79,292.00. We anticipate an approximate $7 to 15,000 carryover. Mr. Al Landgraf, Sugar Creek Homeowners Association asked that $5,000 be spent on recreational activities and another $5,000 be allocated for a disaster/survival fund; Art Harris, 20 Sable Court, was not in favor of a disaster survival fund; Bill Jacobs, S. Edgemon Ave., would like to see some of the money used for recreation; Tom Binford, Sheoah Boulevard, said the money should be spent on capital assets such as a city hall,etc.; Ben Kaplan, 108 Burgos Road, talked about the police athletic league which will not cost the city any money; Al Landgraf said the first consideration should be for the immediate needs for fire and police; Leanne Grove, Alton Road, asked that a small amount of money be set aside for all residents to come together as one city, and that the children of Winter Springs be included in the Christmas Party when the Longwood Winter Springs Chamber have their party. Councilman Torcaso spoke for parks and recreational . . . . Reg. Meeting, City Council, July 14, 1981 Page 2 80-81-25 programs; Councilman Arnold talked about the request of Councilman Torcaso for some participation from parents for a recreation committee but no one ever volunteered; Mr. A1 Landgraf submitted his name as a volunteer recreation director; Councilman Trencher spoke about a recreation program and that the City Manager has put together a limited amount of dollars for upgrading some of our park facilities. Mr. Dave Dearo1ph, Deer Run, agreed with Mr. Binford for spending federal revenue funds; Councilman Hartman felt the money should go toward the paramedic program; Ben Kaplan Burgos Road again talked about the police athletic league and that no city money would go into this program. Mayor Piland said since the inception of Federal Revenue Sharing the Councils have always attempted to utilize that money for capital outlay items because we never know when the funds would end. Mayor Piland said we will be having a Workshop meeting next Tuesday, July 21 to discuss the budget. Mayor Piland closed the public hearing and reconvened the regular meeting. Public Hearing for Appeal against Board of Adjustment Decision - Eugene Roy: Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of addressing the appeal. Mr. Eugene Roy was present. There was discussion of whether or not this would set a precedent by allowing the carport to be extended to the property line. Mrs. Ellen Weiss, Winter Springs Boulevard and Mr. Adkins, Pheasant Circle, spoke in discussion. Mayor Piland closed the public hearing and reconvened the Council Meeting. Motion was made by Councilman Arnold to over-rule the Board of Adjustment decision. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Continued public hearing for Ordinance No. 241, authorizing the adoption of certain amendments to the Charter of the City, etc.: Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of hearing comment on proposed Ordinance No. 241. Councilman Arnold asked that Section 4.03(c) be amended to include the words "and Mayor." Councilman Arnold again stated he was not in favor of this ordinance and it was not worth the time and effort to put to a referendum vote. Councilman Trencher was in favor of putting it on the ballot for a vote of the people; Art Harris, Sable Court, was not in favor of the three year term and Peter Wasilewski, Holiday Court, spoke against a three year term; A1 Landgraf was in favor of changing section 4.04. Mr. Dave Dearolph, Deer Run, Ben Kaplan, Burgos Road, and Mary Martin spoke in discussion. Mayor Piland closed the public hearing and re- convened the Council Meeting. Motion was made by Councilman Trencher that this Council adopt Ordinance No. 241 with all those corrections that our City Attorney has noted in discussion over the last couple weeks and bring before a vote. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, no; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. Public Hearing for Ordinance No. 243, annexation (Richie's Economy Cars).Second Reading: Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of hearing comment on Ordinance No. 243. Attorney Stalnaker read Ordinance No. 243 on second reading by title only. Miss Koch, the City Planner, explained that the applicant's building was inadvertantly partially built on land that was not in the City and that is the reason for this annexation. No one spoke for or against the ordinance. Mr. Dearolph spoke in reference to setback requirements. Mayor Piland closed the public hearing and . . . Reg. Meeting, City Council, July 14, 1981 Page 3 80-81-25 reconvened the Council Meeting. Motion was made by Councilman Arnold that we adopt Ordinance No. 243. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Public Hearing for Ordinance No. 244, amending Sec. 3-5 of the Code, etc.; Second Reading: Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of hearing comment on Ordinance No. 244. Attorney Stalnaker read Ordinance No. 244 on second reading by title only. Mr. Al Landgraf and Mr. Dave Darolph spoke in discussion. No one spoke against the ordinance. Mayor Piland closed the public hearing and re- convened the Council Meeting. Motion was made by Councilman Hartman that we adopt Ordinance No. 244. Seconded by Councilman Torcaso. Discussion. Vote on themotion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. First Baptist Church of Winter Springs - Robert E. Clark, Pastor: Motion was made by Councilman Arnold that we allow Mr. Clark to use the temporary building until July 1, 1982. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Resignation of William Daucher from Code Enforcement Board and Appointment (Unexpired two year term ending October 1982): Councilman Torcaso recommended that Mr. Ben Kaplan, Burgos Road, be appointed to fill the unexpired term. Councilman Arnold recommended Mr. Thoms B. Flynn, Antelope Trail, be appointed to fill the unexpired term. Motion was made by Councilman Arnold that we accept Mr. Daucher's resignation with regrets. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; motion carried. Councilman Hartman recommended Mr. Richard DeFazio, Jackson Circle, be appointed to fill the unexpired term. Motion was made by Councilman Torcaso that we appoint Mr. Ben Kaplan to the Code Enforcement Board. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, no; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. First reading of Ordinance No. 245, regulating construction in areas of special flood hazard, etc.: Motion was made by Councilman Arnold to read Ordinance No. 245 by title only on first reading. Seconded by Councilman Torcaso. Discussion. Motion carried. Attorney Stalnaker read Ordinance No. 245 on first reading by title only. . . . Reg. Meeting, City Council, July 14, 1981 Page 4 80-81-25 City Manager - Richard Rozansky: Fiscal Year 1981/82 Budget: City Manager Rozansky said next Tuesday City Council will receive recommendations for the Federal Revenue monies from the input that has been received this evening. On June 30 Council was given a very tentative budget. The City Manager reported that his three priorities are to get a paramedic program implemented; insure that the employees get an equitable cost of living raise and look at a pension plan for the employees. A Workshop is scheduled for July 21, 1981 at 7:00 p. m. to go over the budget. Mayor Piland said there is a possible reduction in franchise fees to be received from the North Orlando Water & Sewer Corporation if we purchase the utility, which is projected at $24,200.00. Councilman Arnold asked the Fire Chief what number of rescue/ambulance responses are above the capabilities of our EMTs, where those particular incidents occurred by area and how many certified EMTs we currently have on our staff. Bid recommendation for Rescue Vehicle: The bid opening for the rescue vehicle was held on June 18. Chief Holzman recommended the bid of First Response Inc. in the amount of $28,965.00. Motion was made by Councilman Torcaso that we purchase the rescue vehicle in the amount of $28,965.00 (from First Response,Inc.). Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Bahama Ranches (Lots 2 & 3, Blk. A, North Orlando Ranches, Sec. l-Hunt & Associates,Inc.) Mr. Hunt was present for information purposes for Council, to explain the actual division of all lots. Miss Koch, the City Planner, explained the property is two lots on the northeast corner of Bahama and Moss Road. Each lot had previously been split by Council and the property has been divided differently. Since we now have three owners the question arose, what to do now. The applicant was advised that the Board of Adjustment is empowered to consider whether a variance to Sec. 14.3.1 to create more than two lots could be granted. They will be heard by the Board of Adjustment on Thursday, July 16, 1981. The monthly reports have been distributed. Manager Rozansky reported he has received several complaints about cablevision, and he said he was in the process of writingto them about the service not being available to Burgos Road, Wedgewood Tennis Villas, Shane Circle and Tuscawilla Unit 5. City Manager Rozansky talked about the alternative community services program and that he intends to use those people. Councilman Hartman commended our Police Department on the excellent presentation they had at the Altamonte Mallon Law Day. Council Seat I - Jim Hartman: No report. Council Seat II - Wilfred Arnold: H. & W. Rate Increase: ~ Reg. Meeting, City Council, July 14, 1981 Page 5 80-81-25 . Mr. John King, representative of H. & W. Refuse Service, Inc., was present and explained that their expenses have increased. He said the last increase that they have received was in December of 1979. Mrs. Martin, Sailfish Road and Mr. Ric Andrase, Sailfish Road, Mr. Al Landgraf and Councilman Hartman were not in favor of the $1.00 increase. Mr. Bill Jacobs, S. Edgemon Ave., and Mrs. E. Roy, S. Edgemon Avenue spoke for the satisfactory service provided by H. & W. Refuse Service. Councilman Trencher asked H. & W. Refuse Service to provide the citizens with a letter about the services they provide. Motion waS made by Councilman Arnold that the action of the Council on June 23, 1981 in denying the requested increase be rescinded. Seconded by Councilman Torcaso. Discussion. Vote on the motiou: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. Motion was made by CouncilmanArnold that the H. & W. Refuse Service Inc. be granted a rate increase to $7.00 per month effective 1 August 1981, and that the Company be required to notify its customers every six months of their listed services. Seconded by Councilman Boyd. Discussion. Motion was made by Councilman Torcaso to amend the motion to grant a rate increase of $.50 per month. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, no; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, no; motion carried. . Vote on the main motion as amended: Councilman Trencher, aye; Councilman Boyd, no; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Council Seat III - Martin Trencher: No report. Council Seat IV - Maureen Boyd: No report. Council Seat V - John Torcaso: Motion was made by Councilman Torcaso that the membership be increased to seven members on the Planning and Zoning Board and the Board of Adjustment with the Mayor appointing two members to each Board. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Boyd, no; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, no; Councilman Trencher, aye; motion carried. Deputy Mayor Torcaso gave a report on the CALNO Meeting of July 1, 1981 held in Oviedo. Mayor's Office: Mayor Piland explained that this location was the site of the original city hall. . Mr. Jack Cooper reported that at the meeting with North Orlando Water & Sewer Corporation they indicated that they were interested in arriving at a conclusion that will result in the City owning the system. Mr. Cooper said he met this morning with both Mr. Leedy's to further the offer that we could make based on a firm price that they (NOWSCO) established and the criteria which would enable the current revenues plus future revenues and fees - allow the City to purchase the utility. The next step in the negotiating process would be the establishment of the contractual relationship which would go into areas other than fees. .-' . . <. .. .~ ~ . Reg. Meeting, City Council, July 14, 1981 Page 6 80-81-25 Mayor Piland reported on the progress of the sponsorship agreement between Winter Springs and NOWSCO. He said he spoke with Mr. Crosby and they indicated they are fairly in compliance with what we have submitted to them. On the Step II Grant application that we have made to EPA, last week we were notified verbally that it was in the process of being funded. Two days later we were notified that DER in Tallahassee had pulled our grant application from EPA aleng:with 19 others. We have been told that was part of the process we are trying to determine if it can be put back in EPA for the funding. Without the funding on the Step II means we are waiting another year to do the engineering and 1&1 study. NOWSOO is adamant about not assuming debt services for something they do not have available to them unless they have some type of guarantee. Mayor Piland said we can not give them a guarantee on 100,000 gallons of capacity if we have not accomplished Step II of the grant process. Mayor Piland reported that he was summonsed yesterday for a court appearance. North Orlando Water & Sewer Corporation is in the process of condemning two parcels of property for purposes of expanding their existing plant. The hearing was postponed and is to be re-scheduled sometime between Sept. 5 - 15. Mayor Piland said our interloca1 agreement with Seminole County for 100,000 gallons has not been executed by us. The problem we have is that as soon as it is signed debt service is due to the City of Orlando and Iron Bridge and that is why it has not been signed. Mr. Stalnaker has indicated that we can not pay debt service on something we are not getting since we do not own the utility. Mayor Piland talked about the double taxation issue and asked Council to take a look at Seminole County's budget and see where they are taxing us. Mayor Piland asked if any member of Council would like to serve on the Seminole Community Action, Inc. No one volunteered. Mayor Piland asked the City Manager for a proposal for implementing the restriction of water usage the St. John's Management District has placed on us. Meeting was adjourned 11:30 p. m. Respectfully submitted, ~/c~ Mary T. Norton, City Clerk Approved: