Loading...
HomeMy WebLinkAbout1981 12 22 City Commission Regular Minutes e . , ~ .{ ,REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS DECEMBER 22, 1981 The Regular Meeting of the City Commission of the City of Winter,Springs, Florida, was called to order by Mayor Troy Piland. The invocation was given by Commissioner Maureen Boyd. The pledge of allegiance to the flag was led by Mayor Troy Piland. Roll Call: l-d~or Troy Pilarid, present D~uty Mayor John Torcaso, present Gi~JI"Manager Richard Rozansky, present City, Attorney Al Cook ,present Commissioners: Jim HartlD.~'; present Buck Adkins ,J;lresent Martin Trencl;l.er, present' Maureen Boyd, present ' Motion was made by Commissioner ~prcaso to approve the minut~sor December ~, }.981. Seconded by Commissidnex:'..!rreneher. Vote on the mot~oni: CoIimdssioner Torcaso,a;ye; Commis.sioner Adkins, a;ye; Gommissione:t-Boyd, aye; Commissioner Hartman ,aye; Cottll'lli sSion$r Trencher, aye'; moti:,oi:l: carried. Mayor Piland read and presented ~esolution,#369 to Wi l:f;re d Arnold and . thanked him for his service t<;l:t;;lltil City. Mr. Arnold was also presented a.plaque fOr his services re:hder~d during 1978-81. P,ublic. Input: }.fr.Wilfl:'ed Arnol.d stated he, tho:aght: it we;s only fair since, the Cityihad given him something that hes~ou:r..d give the City sQIll.ething. He saiddhe. ;.~ted to give the City~anag~.:t' an envelope of cut 'glass which he.Wi.'shed h~mto give H&W. He stated the glass ,was left on his streetTue~d~ t",;,: art'd that the truck is supposed to carry shQ~ls, brooms or whatevei ~s .' necessary to clean up the debris. ' Mr. Al Landgraf, Sugarcreek Homeowne'~s Association,i. stated 'he would like :t4 thank the Council, Mayor and all;\theCity 'Officials who were.l:'esponsible :for installing routing signs char,l,ging the traffic routing from Murphy Road diverting it to Edgemon and Moss Hoad and on to S.R. 434. General Agenda: Election of Deputy Mayror: ~yor Piland ope~ed the floor for nominations. Commissioner Trencher nominated John Torcaso beputy Mayor for another term. Commissioner Hartman ttloved to close the nominations~ Sec'onded by Commissioner Trencher. Vote on the motion: Commissioner Adkins, aye; Commissioner Boyd, aye; Commissioner Hartman, a;ye; Commissioner Trencher, aye; Commissioner' 'I'orcaso,aye; motion carried. Designation of appointment to COWlc;i.l of Local Gov. in Seminole County: C9D'4ITlissioner Boyd moved to appoint the Deputy Mayor as represenilative' to I ' the Council of Local Gov't. Secc:m,lied, by CommiSsioner HartriIan. 'Vote on the'motion: Commissioner Boyd, aye; Commissioner Hartman, aye; , Commissioner Trencher, aye; Co~ssioner Torcaso, 'aye; Commissioner Adkins, aye; motion carried. \ -,..- ~ Regular Meeting, City Commission, Dec. 22, 1981 81-82-6 Page 2. . Continued public hearing for Ord. 256 creating a reserve fund, etc.: Mayor Piland recessed the Conunission Meeting and convened the public hearing for purposes of hearing conunent on proposed Ordinance No. 256 creating a reserve fund. Attorney Cook read Ordinance No. 256 by title only and stated the ordinance as it is now written is in conflict with pur charter due to its open endedness and because of the conflict with the duties of the City Manager (it attempted to modlfythose duties to some eXtent). Mr. Bill Jacobs, 404 S. Edgemon Ave. spoke against the ordinance. Mr. Wilfred Arnold, 1119 Winged Foot Cire., stated when he asked the City Attorney to draft an ordinance he did not expect it to be in conflict with our charter. Mayor Piland stated each time an ordinance is written the' charter is not researched totally to determine conflicts and in trying to establish a level for the reserve fund is where we got into the question of the conflict of the charter. What we would have to do based upon the guidelines that were presented to the Attorney and the ordinance that we got back was to establish a fund wi thout a dollar amount because we would not really know what it was and the charter does not provide a mechanism to do that and what Council had questioned was what do other cities do - why is it necessary for Winter Springs to establish an ordinance creating a reserve fund when many other cities have reserve funds and they are established through the normal budgetary process so what we thought we would do is to check with the other munici- palities in the area, check into the charter section that we felt might possibly conflict and come back. and discuss at length rather than dismiss the ordinance at the last public hearing. Mr. Landgraf, Sugarcreek Homeowners Assn. ,asked onee the surplus is identified and established, how is it to be managed and invested? The City Manager explained the investing procedure. Mr. L~dgraf questioned the categories defined as emergencies. Mayor Piland stated they had not put it in categories because that is one of the discussions they were having on the 4/5 vote. The Conunission,YQuld make a determination, any time they use that money for any purpose. The 4/5 vote would have to be obtained before making disburse- ment of that money and that there was discu.ssion as to whether it should be 4/5 or 3/5. Mayor Piland asked if we could set a reserve fund - stating that we really need an emergency fund, suggesting we set a dollar amount, a percentage of our budget - anything over that we conunit to go to tax relief in the next budget year. Mr., Jacobs questioned what the C.P.A. reconunended for the reserve fund and stated he was not opposed to what Mr. Arnold suggeste.d, but that he; is opposed 110 picking a percentage or an arbitrary number or surplus or a percentage rather than setting a specifiC dollar amount. Commissioner Trencher stated he would like to see the Conunission adopt a $100,000.00 contingency reserve fund on the basis of a 3/5 vote and any additional reserve that comes up over $100,000.00 in any fiscal year, be returned in the following year in terms of tax relief. Mr. Brewington, 1218 Winter Springs Blvd., agreed with Mr. Jacobs regarding a specific amount to be set. Mr. Harrison, 1105 Winter Springs Blvd., spoke in discussion. Mayor Piland closed the public hearing and reconvened the Commission Meeting. Mayor Piland stated if the Conunission is in agreement with most of ColIimissioner Trencher's comments and how to set the reserve fund he would like Mr. Trencher to come back to the next Commission Meeting with his proposal outlined in sufficient time that all the Commissioners, can review it prior to the session and proceed to establish that reserve fund in the budgetary process as they amend the existing budget and that process starts next month and also with some recommendations to the excess funds above what is set for reserve - how . , .. e . . .~' --' ,_u_ P' Regular Meeting, City Commission, Dec. 22, 1981 81-82-6 Page 3. they are to be handled in reference to tax relief or how the Commission wishes to handle this vote wise. If any Commissioner wishes to submit their own they may do so. Discussion. Commissioner Hartman moved to table Ordinance No. 256. Seconded by Commissioner Adkins. Vote on the motion: Commissioner Adkins, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Torcaso, aye; motion carried. Mayor Piland stated he would appreciate Mr. Trencher getting his" proposal to the oth,er Commissioners a week prior to the meeting if possible. Planning and Zoning Recommendation of December 16, 1981: Revision of';['usce.willa MasterPlan - finding of inconsistency of one BDendment: The City Planner stated at the last ,two meetings the Planning and Zoning Board has been considering requests for six different revisions to the approved plan of Tuscawilla. At its last meeting they made a finding that one request - that of changing the pasture area which is 25~ acres to condominium - they found that was a request they could not recommend positively - in the terminology of the code they found that this was inconsistent with the approved plan. According to Section 44.85.8 when the Board makes such a finding of inconsistency, the Council must then call for a public hearing on that question - so the item is on your agenda this eveni~g to advise you that you need to ca.ll a public hearing on this request. The Planner stated the earliest date would probably be January 26th. Mayor Piland asked if they would be addressing the other items. Ms. Koch stated at the next Council Meeting (after the next Zoning Board Meeting) she will make a presentation on the other five requests the Board did find consistent plus we are going to go over the parks in Tuscawilla and the' two traffic analyses the developer had prepared. Mayor Piland asked if there was sufficient time to meet the January 26th date for a public hearing. The City Planner state,d there was. Mayor Piland stated he felt there were alot of residents here due to the fact they were under the impression a decision would be made tonight however, he stated if at any time they had any questions regarding the status of an issue, any one of the City Officials would be glad to come out and talk to them. Mr. Aragon, 1226 Cheetah Trail, Mr. Art Harris, 20 Sabel Ct., and Mr. John Hatfie~d, 1103 Irma, all spoke in discussion. The Planner stated the way she interprets the code the Zoning Board has the right to approve the amend- ments they found consistent. The City Attorney agreed with this interpretation. Mr. Cook and Mr. Trencher clarified if there was anyone who was opposed to the other five issues those could be appealed (totally separate from the pasture issue). Mr. Marty Kirsch, 1310 Deer Run, also 'spoke in discussion. Commissioner Boyd moved to set the public hearing for purposes of hearing the review on the inconsistency of the Tuscawilla master plan (pasture area). Seconded by Commissioner Torcaso. Vote on the motion: Commissioner Hartman, aye; Commissione~ Trencher, aye; Commissioner Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, aye; motion carried. The Commission recessed for five minutes and then reconvened. Mayor Piland stated he had a resolution amending the Interlocal Agreement dated as of September 10, 1981 between the City and the South Seminole North Orange County Wastewater Transmission Authority and that he would like Mr. Pat West, Executive Director of the Transmission Autharity to explain the change in the Interlocal Agreement and then at that time ask the Commission to adopt the resolution (#372). Mr. West stated this Resolution . .: . Regular Meeting, City Commission, Dec. 22, 1981 81-82-6 Page 4. ,'. authorizes the Mayor to execute on behalf of the City of Winter Springs the existing Interlocal Agreement between the City and the Wastewater Transmission, Authority. He stated the Authority is on the verge of in the next ten, days selling bond anticipation notes so that we can get under construction with the total interceptor system that will get tied into the iron bridge road plan oWned by the City of Orlando. Mr. West stated in the process of getting to this point in time we received construction bids on ten of the total of 12 contracts. Bids on those contracts Came in at almost thirty percent under estimate, therefore, at the end of our budget analysis on how much money we had 'in the federal 'grant and how much money we had in the bondresoiution;authorization of up to 8 million dollars we find that ,we have enough cash avail~ble we can completely finish the entire project including con~ector to Winter Springs so the City can get at the point in time when it becomes the owner of the sewer system tie On to the interceptor or, North Orlando Water and Sewer can tie on to the interceptor system. Thisaniendment to the Interlocal Agreement is at the request and direction of the Marine Midland Bank in. N.Y. so that they can execute with the Authority a note financing agreement that amotmts to insurance like you h~Ve on bonds. It iI;lsures that with the Authority issuing its noteS with "a two-year life that if the Authority for some reason could not redeem those notes at their maturity on October 1, 1983, thep Marin~cMidland and First Southeast National of Miami would step in and,pay<the debt. We would then have renewal notes with them to go to ifhe bon,d :mafket. This is necessary so that we can get a suitable rating' out of MooaY Investment Service in New York City. We received tentati vely' , today from Mooa;Y' s a rating which is equivalent to a AA Bond. Mr. West explained each . se"ction of the a,meridment. Discussion. Commissioner Torcaso moved to adopt Reso+ution No. 372. Seconded by Commissioner Trencher. i/~:>:te on the motion: Commissioner Trencher, aye; Commissioner Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; motion carried. Re uest of Gar Hunt for consideration of unim roved subdivision 'a roval under. Section 1 -3.2: The City Manager stated the reasons this request is before the Commission is to insure Mr. Hoot had due process - that his application is being processed with the code and to determine what to do with it. The Staff's recbmmendatton is as it was previOusly. The problem the staff has with development without includingimp;r:ovements is that if we do this wit;hout the improvements any lots we have b~ comparable size anywhere in the Ranches in the RC-l ... it is conceivable someone could have 5 acres fronting,anyother road and it could be divided into five lots without improvemen~put in. Also, in R-lAA the same thing could happen (over near Williams Rd.) where there woUld be more problems. The City Manager stated he wondered where they wquld stand on the'pext request if this one is approved. Mayor Piland stated the final sentence says the recommenq,ation of the City Staff' 'shall be subj ect to the approval of the City Council. Mayor Piland stated he felt the intent of RC-l was to have a rural atmosp~ere with dir~ roads; with as much natural drainage as you can have. In the RC-l zoning if. .on"e-acre lots require paving, storm sewe:r:age and water systems, then they should not conSider any other lot splits until those requirements ar~ put on everYpne. Gommissioner Torcaso stated he felt it was unnecessary to require the.5e impr:ovements for these few lots, and that he felt. this subject having come up over the past several years should be resolved~ ,Comtnissioner Hartman stated he interpreted, this section the same"manner in which the Mayor had inter- preted it. Comrhissioner Trencher .stated. each one of the proposed lots liT _ -~ "r.'_' . . Regular Meeting, City Commission, Dec. 22, 1981 81-82-6 Page 5. . to be~ split are over~he. requir~d one ac"se for the area an~ that he could see no reason to turn thlS partlcular request down. He sald he could see no reason for a mix n t ma.tch situation regarding paving. Connnissioner Adkins stated he felt it was onlY common sense to go ahead and approve the waiver to develop the lots. Mr. B:111 Jacobs spo~e in discussion. Commissioner Torcaso moved to approve the waiver. Seconded by Connnissioner ,Hartman. Vote on the motion: Commissioner Adkins, aye; Connniasioner Boyd, no; Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Torcaso, aye; motion carried. Resolution No. 370, approvin~ efforts of Florida League of Cities to secure property tax relief, etc.: Mayor Piland stated he would like to suggest Council continue this until the next connnission meeting. The East, Central Florida Regional Planning Council has done a study in reference to the proposed legislation in Tallahassee on the various forms of the lrb, ~rb, local option taxes.iMayor Piland stated he would ,like to get copies of that to the Commission for review prior to taking any adoption steps. Discussion. Mayor Piland said he would call a special session prior to ,going to Tallahassee to give consideration to this Resolution. . Resolution No. 371, establishing holidays for FY 1981-82.: Connnissioner Boyd moved to adopt Besolution No. ~ 371. Seconded by Commissioner Trencher. Vote on the motion: Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Trencher, aye; :Commissioner Torcaso, aye; Commissioner Adkins, aye; motion carried. First Reading of Ordinance No. 259, requiring affirmative votes: of three members of P & Z Board for passage of ltems, etc.: Conimissioner Hartman moved to have Ordinance No. 259 read by title only. Seconded by Commissioner Trencher. Vote on the motion: Commissioner Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, no; Commissioner Hartman, aye; Commissioner Trencher, aye; pursuant to oUfcharter Ordinance No. 259 was read in its entirety due to the no vote. The City Attorney stated this was not a dissolving of the presentPlann:lbg and Zoning Board. Mr. Cook stated the main change was in the last four lines in Section I concerning the attendance of meetings~and method of removal. Mayor Piland asked for Commissioner Boyd's intent regarding tl1e,removal of the board members. Commissioner Boyd stated her intent was to insure a board member be automatically dropped after missing three meetings. Commissioner Trencher asked if it was necessary to have the line in reading: "The present Planning and Zoning Board shall be dissolved upon adoption of this ordinance." Mr. Cook stated this could be left up to the code people to assign to a particular section. Commissioner Trencher suggested where the ordinance rea.,ds: "Members shall be subject to removal from office by the counciL.." be amended to reflect ,Commissioner Boyd's intent of being automatically removed upon failure to a.i:;tend three meetings. . First Reading of Ordinance No. 260, reqUlrlng affirmative votes of three members of Board of Adjustment for passage of items, etc.: Attorney Cook stated this ordinance is exactly the same and that he would incorporate the word automatically as previously noted. Motion was made by Commissioner Torcaso to have Ordinance No. 260 read by title only. Seconded by Commissioner Trencher. Vote on the motion: 4~'-~ ~~""""""",.-'-.~~,-'.-------.-----."... Regular Meeting., City Commission, Dec. 22, 1981 81-82 Page 6. . Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, aye; motion carried. The City Attorney read Ordinance No. 260 by title 'only. CITY MANAGER RICHARD ROZANSKY: 1. Double T~ation (Kelton Mgt. ) : Mayor Piland recommended the Commission not take any a~tion until such time as they were afforded a clarification of Section IV B. 2. Vehicle Bids (Police De~artment): The City Manager stated he would like to go out and purchase the vehicles placed in the budget for the Police Department. After shopping around it appears the best buy ava,ilable is the State Bid List. P. O. #1052 is for a dodge Diplomat, that ha,s the police package (heavY duty) - the basic price is $7,017.92. They added some optionss6 the total price comes to $7,159.48. The package for the three vehicles comes to $21,478.44. The City Manager stated we have the money in the budget and would like to go out and order these vehicles now. Discussion. Commissioner Hartman moved to accept the State Bid List. Seconded by Commissioner Trencher. Vote on the motion: Commissioner Adkins, . aye.; Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Torcaso, aye; motion carried." . . Staff Organization!f{esponsibilities: The City Manager stated he vould like to, specifically 'address the City Planner ~nd the City Engineer. He stated the Planne.r's position and responsibility has increased to a point where she is more than just a Planner. He stated she has prepared our Flood Insurance Program, our basic grants, and is responsible for all zoning requests. Mr. Rozansky stated after conducting interviews for a City Engineer and after talking further with Mr. Cooper he has decided to remain with the City. Mr. Rozansky stated he has ~xpanded Mr. Cooper's duties somewhat to include more field time on our inspections and more importantly, he is now working with the Public Works Dept. on the drainage and road improvement, projects to give them more direction an(i tecl:tni~e:l guidance. The City Manager also mentioned Mr. Cooper is the City's Code Enforcement Prosecutor and that the Board is quite effective. The City of Oviedo has asked for Mr. Cooper to come over and help them ih~tiatetheir Board. Mr. Rozansky stated he would l:i,,~eto change the City Planner's' salary range to begin at $14,000 and run to'$18~gqtl.00. TheConnnissioners asked how this compared to other cities. The City Manager stated the City Planner's salary at this time is $13,886.00 with no set range. This s~la;ry is below Casselberry, there is noPlan~er i~ Oviedo; there is no Planner in Longwood, nor Lake Mary and. it is be.lowthe :t';Lanner' s position in Altamonte as well as the County. CasselberrY's range is $14,000.00- $15,000.00. Commissio;ner Torcaso stated he felt Ja.ckie had done a good' job for the City and could see no reason natto upgrade the City Planner's salary range. COnnnissioner Tre,ncher stat'ed he would like to see. a comparative study regarding the department heads' salaries. The City Manager reported ,the City hasawe,li-qu,gified bookkeeper and that his salary Wbuld have to be addressed in: th~'.:nea.r future. Discussion. 1 Commissioner Boyd moved to set the City, Planner's salary range at $14,000 -$18,000.00. Second~d byComini.ssioner Torcaso. Vote on the motion: Commissioner Adkins,. aye; COmmis,sioner Boyd, aye; Commissioner : Hartman, aye; Connnissioner T~encher, aye; Commissioner Torcaso, aye; motion carried.' . . -=- Regular Meeting, City Commisson, Dec. 22, 1981 81-82-6 Page 7. '. Reports: The City Manager stated we have three Paramedics in the process of taking their physicals. Our program is on schedule and We look for the first or second week in January to be in the paramedic business. Our Finance Report will probably be out tomorrow. The budget revision process will start in February. He stated we now also have a rescue vehicle in Tuscawilla. The Mayor stated when we get the new rescue vehicle fully equipPed he would like to see the City Manager have it at one of the commission meetings with the Chief Paramedic or any other Paramedic he so desire~ and show the City Commission the vehicle and give them a demon- stration. "Mayor Piland also asked if there was a plan in the City to implement the teaching of fi,rst aid or EMT to pOlice officers or all the employees.. The City Manager stated we do not have a plan like that. Mayor Piland stated he would like to have a plan formulated whereby all the employees are exposed to the basic procedures of first aid. Regarding the Public Works Dept. the Mayor stated he felt we needed some uniform identiffcation of all the City's:l?ublic Works equipment so that the citizens would be aware of what was being done in their area. Mayor Piland stated he was putting Mr. Rozansky on notice if the sound system is not changed by the end of January he is going to ask the Commission to fire him. Commissioner Trencher stated he would like to have the whole subdivision (HighlandsjSheoah Blvd.) looked at by the City Engineer regarding the drainage. Commissioner Torcaso stated the City Manager has approved obtaining signs for the .Code Enforcement Board, Board of ,Adjustment and the Planning and Zoning Board to avoid confusiQn over the names during meetings. We are also getting one for the City Attorney. He stated 'they should be ready within the next week. Commiss~oner Boyd asked if the badges would be changed to Commissioner. Mayor Piland stated they would be corrected. .- Commission Seat 1- Jim Hartman: Motion was made by Commissioner Torcaso to ratifY Commissioner Hartman's 'appointment of Mr. Rarry G. Reed, III, 285 Hayes Road, to the Board of Adjustment. Seconded by Commissioner Trencher. Vote on the motion: Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Torcaso, aye; Commissioner Adkins, aye; Commissioner Boyd, aye; motion carried. Commission Seat II - Buck Adkins: Commissioner Adkins questioned the nlrmber of vehicles at a house on Antelope Trail. He stated there are about ten vehicles there all the time and that they are working on them in the yard. The Police Chief stated they are not breaking the law by being on their own lawn. Mr. Al Landgraf, Sugarcreek Homeowners Assn., spoke in discussion. It was suggested Commissioner Adkins file a complaint with the Police Dept. Commission Seat III - Martin Trencher: Commissioner Trencher stated the City Attorney would draft a basic outline regarding the reserve fund. .' Commission Seat IV - Maureen BOyd: Wished everyone a Merry Christmas. and a Happy Hanukk.ah. . -~ . ... /- ~ ... f Regular Meeting , City .Commission, ..Dec. 22, 1981 81-82-6 Page 8. Commission Seat V - John Torcaso: Thanked the Commission for his reappointment as Deputy Mayor and stated he would try to do the best job he could. Mayor's Office: Wished everyone a Merry Christmas. Meeting adjourned at 10:30 p.m. , ' '.-" ~.. ..' , ,Re..pe~~~Y~ ~. Bradtock, Recording Secretary __~pproved: ~.f" ~:.