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HomeMy WebLinkAbout1977 12 05 City Council Regular Minutes 77 -78-7 REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS DECEMBER 5, 1977 The Regular Session of the City Council of the City of Winter Springs, Florida was called to order by Mayor Troy Piland. The pledge of allegiance to the flag was led by Councilman Hendrix. Roll Call: Mayor Troy Piland, present City Attorney Gary Massey, present Deputy Mayor John Daniels, present Counc i Imen: Don Sines, present Ernest Hendrix, present Claude Ash, absent John Sabatini, present Motion was made by Councilman Sines to approve the minutes of November 21 with one correction: include -the construction area to be swept weekly on Northern Way. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, absent; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Sines to have Ordinance No. 163 read by title only. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, absent; Councilman Sabatini, aye; motion carried. - Attorney Massey read the second reading of Ordinance No. 163 by title only. Motion was made by Councilman Sines to accept Ordinance No. 163 on the second reading by title only. Seconded by Councilman Hendrix. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, absent; Councilman Sabatini, aye; motion carried. The letter from the Department of Commerce, Bureau of Unemployment Compensation, regarding the payment of unemployment claims was referred to the City Attorney for his review and report back to Council within three weeks. Motion was made by Councilman Daniels for approval of the budget classification changes as indicated on this EDl13 form dated 10/6/77 and signed by the Mayor and as approved by the Regional Office of the EDA in Atlanta. Seconded by Councilman Hendrix. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, absent; Councilman Sabatini, aye; motion carried. Mr. Kanyok was present to speak in reference to the dog complaint. He said he now only has two dogs and will proceed to civil court. Motion was made by Councilman Daniels to revoke permission for Mr. Kanyok to have three dogs since he has only two dogs. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, absent; Councilman Sabatini, aye; motion carried. Attorney Massey suggested that there be amendments to the Solid Waste Agreement. He said the way the agreement is now, a recommendation could come from the Committee, the majority of the agencies could approve the recommendation and the recommendation would not necessarily go into the final plan. He said paragraphs 5 and 6 should be amended. Councilman Daniels said he will bring this up at the next Council of Local - --. Reg. Session, City Council, Dec. 5, 1977 77 -/8-7 Page 2 Governments meeting. This will be tabled until the next meeting. Mayor Piland thanked Councilman Hendrix for his services during the past two years. Mayor Piland, Burt Logan and Larry Pellerin were sworn in by Attorney Massey. Election of Deputy Mayor: Councilman Sines nominated Councilman Daniels, seconded by John Sabatini. Motion was made by Councilman Sines to close nominations. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Coun cilman Pellerin, aye; Councilman Sabatini, aye; motion carried. vote on formality of having vote by seat number: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mayor Piland made the following Commissioner appointments: Planning & Zoning, Councilman Logan - Assistant Commissioner, Don Sines Fire,Councilman Pellerin - Assistant Commissioner John Sabatini Finance & Election, Councilman Sines - Assistant John Daniels Police, Councilman John Danielsj- Assistant Larry Pellerin Public Works, Councilman John Sabatini - Assistant Burt Logan Motion was made by Councilman Sabatini to ratify the Mayor's Commissioner appointments. Motion died for lack of a second. ,- Motion was made by Councilman Sines that the assignments not be endorsed and that we schedule a Workshop Wednesday at 7:30 to discuss them. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. Mayor Piland asked the Attorney to seek a legal op1n10n from the Attorney General to see whose duty it is to make commissioner appointments and can they be changed. Motion was made by Councilman Daniels that if necessary the Mayor, Deputy Mayor and Clerk sign the bank documents to continue our accounts with the bank. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that we authorize the advertising of our City's insurance package less health insurance through normal medium. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mayor Piland read the resignation of John Newsome from the Zoning Board. Motion was made by Councilman Daniels to accept the resignation of John Newsome from the Zoning Board effective December 3l, 1977 with regrets and that we provide him an appropriate framed resolution prior to his departure in appreciation for his services. Seconded by Councilman Sines. Discussion. Vote on the motion: -. Reg. Session, City Counci~, Dec. 5, 1977 77-78-, Page 3 Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Councilman Daniels read the letter from Marlene Rossiter which is attached to the minutes. There was discussion of the appointments to the Zoning Board. Motion was made by Councilman Sines that this Council reconsider the appointments made at that time by those people then occupying Seats II & IV and that those positions be declared vacated on the Zoning Board. Seconded by Councilman Pellerin. Discussion. Mayor Piland asked Attorney Massey to look into the possibility if a Council can reverse appointments made by a previous Council from Attorney General Shevin. Motion was made by Councilman Daniels that the motion on the floor be tabled until the next meeting and that provided the Attorney finds that the actions proposed on the motion on the floor are illegal, that he draft an ordinance abandoning the current P&Z Board and a new ordinance establishing a new one that will better meet the needs of the City. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Councilman Sines said for the record there was no animosity directed to the two new appointees and that they may be re-appointed. Vacating Stoner Road: Motion was made by Councilman Daniels that the Attorney be instructed to proceed with the necessary advertisements and legalities involved in the vacation and that the cost of the vacation be borne by the petitioners. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Sines that we change our meeting nights to Wednesday nights and that the Regular Council Meeting be set as every other Wednesday night and the intervening Wednesday be scheduled for a Workshop session, and that if we have need for Special Meetings between regular meetings that they will be held on the Workshop meeting, and only special meetings of a dire emergency will be held other than that Wednesday; further that the next Council meeting be held next Wednesday. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. Motion was made by Councilman Sines to change the Workshop nights to Wednesday instead of Tuesday. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. The next Workshop will be December 7 to discuss Commissioner appointments and the 20l project. -- Motion was made by Councilman Daniels that we approve placing the minimum entry wage into the administrative clerical pay 8chedule as the minimum wage of $5512.00 per year and adjust the remainder of the schedule accordingly, effective 1/1/78. Reg. Session, City Council, Dec. 5, 1977 77 -78-7 Page 4 Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. The Wildwood Subdivision was discussed. Mr. Milton Eckert representing National Homes Corporation was present and Jim Preman, Attorney for Winter Springs Homes, Inc. spoke in reference to the amenities package. Mr. John Croke, resident of Wildwood, said the Wildwood residents did not want any amenities if it was going to cost them money. A meeting was scheduled for Tuesday evening at 7:00 p.m. for the Developers and residents to discuss Wildwood and the amenities. Councilman Daniels asked the Attorney several questions: Prior to us authorizing them to build, can we require that the drainage and streets be brought up to as-built standards and the drainage brought up to a standard that is acceptable to our City Engineer? Is there anything we can do to require them to do some of the through streets, to connect these elongated drive- ways, to make them be like streets instead of what they are? If they are talking about getting the homeowners association that should have been established in 1973 off the road and running, should not National Homes and the owners of all the other lots contribute to the maintenance of common areas and a share and share alike, lot for lot basis when it starts throughout the total PUD and can that not be required? ,- Councilman Pellerin and Council Logan are to be given copies of the request for the vacating of the easement in Wildwood. We are still in need of a letter or release from the Homeowners Association before the easement can be vacated. Motion was made by Councilman Daniels that the current stock of abandoned bicycles as described on the attached letter be sold at auction by the Police Chief on Saturday or the following Saturday, Dec. 17 and that the subject auction be advertised in the non-legal section of the Evening Herald and that the public notice be placed at the North Orlando Market, Fire Station No. 1 & 2; and the 7-11 Store in Tuscawilla and the Cumberland Farms Store. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mayor Piland thanked the Winter Springs Auxiliary of the Fire Department for the Miss Winter Springs Pageant. The subject of subdividing land was discussed and is to be discussed at the Workshop meeting and at the next Council Meeting for action. Motion was made by Councilman Daniels that the three incumbent Councilmen continue to supervise the functions that they have been supervising and Councilman Logan assume supervision and responsibility over the Fire Department and Councilman Pellerin assume. supervision and responsibility over the Police Department. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, {-- aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. Mayor Piland said he will still hold his Commissioner appointments responsible. Reg. Session, City Council, Dec. 5, 1977 77 -78-7 Page 5 Mr. Dave Cissel asked Council permission to use the Community Building for a New Year's eve party. He explained the Fire Chief wanted to have a party for the Fire Department, but the Chief would hold his party in the Bay of Fire Station No. 1 if Council gives permission. This will be on the agenda for Dec. 14, 1977. Meeting was adjourned. Respectfully submitted, ~r~ Mary T. Norton, City Clerk Approved: ,MAYOR ,- ,-