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HomeMy WebLinkAbout1978 01 11 City Council Regular Minutes I[ n rr 1"\ 77 -78-11 ,..-,.- . ":"-..6 . . . REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS JANUARY 11, 1978 The Regular Session of the City Council of. the City of Winter Springs, Florida was called to order by Mayor Troy Piland. The invocation was given by Councilman Sabatini, The pledge of allegiance to the flag was led by Attorney Massey. Roll Call: Mayor Troy Piland, present Deputy Mayor John Daniels, present City Attorney Gary Massey, present Councilmen: Don Sines, present Burt Logan, present Larry Pellerin, present John Sabatini, present Motion was made by Councilman Sines to approve the minutes of January 4, 1978. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye;Councilman Logan,aye; Councilman Daniels, aye;Counci1man Pellerin, aye; Councilman Sabatini, aye; motion carried. Correct Mr. Floyd and Mr. Floyd Chase. Mayor Piland recessed the Regular Session and opened the public hearing for the purpose of hearing a request for a preliminary plat approval requested by Jon Zabel. Mayor Piland was asked if he had a special attorney to represent the City and Mayor Piland said he did not have an attorney because he felt Mr. Massey could do the job. The legal advertisement did not give 15 days notice and Mr. Massey said there are no requirements of 15 days advertising for a preliminary plat. Mayor Piland asked Council if they wished to continue the public hearing. Councilman Daniels said we asked you to recommend another attorney. - lacking that we should not hear this issue. Second, there have been no public hearings that were held that had not been advertised for 15 days in the newspaper. I submit that this public hearing is not legal on the basis that it did not have sufficient advertisement in the newspaper. There are probably some attorneys in the audience-perhaps we could obtain one to represent us while this public hearing is going. Mr. John Bennet, Tuscawi11a, said he did not see why the City Council needed a separate attorney for this particular hearing. Councilman Daniels said this body still feels that it needs the legal advice of a separate attorney. Mayor Piland called a recess in order for Councilmen to confer with the attorney of their choice in the audience. Meeting was called back to order. Councilman Daniels said of the attorneys that are here in the audience there are none that are not representing other issues here and accordingly none should take on this additional task because they would have a certain bias also. Councilman Daniels said he feels the issue of notification is a valid one. The advertisemen~for this particular hearing were published December 29 and December 30 thereby not constituting 15 days notice. However, in view of the advice from the City Attorney regarding length of time required for public hearings his feeling that this hearing would be legal in spite of the fact that 15 days notice has not occurred and the number of peop1~ that are here this evening to be heard I feel that the public hearing can proceed,;with those caveats. Mayor Piland said he was willing to close the public hea~ng if they would like to take any action reference to attorney. Councilman Daniels s~d in his opinion we are without legal counsel in this matter and Councilman Sines con~~red. Mr. Freeman, attorney representing Mr. Zabel, and Mr. Mike Hattaway and Mr. Hat Hattaway, spoke in reference to the preliminary plat. He said the property basically consists of r-., ,--. '" . . . . . Reg. Session, City Council, Jan. 11, 1978 Page 2 77 -78-11 r-r 13 acres which is zoned RC-1 which calls for 1 acre lots. He said 11 lots have been prepared on this preliminary plat. All lots consist of one acre or more. On a preliminary plat you present to Council how you want to divide the land and that is what we are discussing here today. Mr. Sam Hannah, Moss Road, said he is concerned about the drainage. He said he recommended this plat be approved subject to the carrying out all regulations to the letter and should include but not necessarily limited to: utilities be underground, sidewalks be installed, the developer donate the value of 5% of this subdivision to the City for use of parks and recreation area, and the paving of Moss Road from the end of the pavement to the intersection of Moss and Bahama Roads and that Bahama Road be paved from this intersection to the end of the subdivision and all of the other detailed requirements of the subdivision should be met and nO variances be granted. Mr. Hendrix, Gumtree Court made comment; Mr. Buciano, Panama Road said he was concerned about drainage, Gai1- - - Bahama Road said it would enhance the Ranchlands, Mrs. Rossiter said it would set a precedent by allowing the subdivision of this land, Councilman Logan read the letter from the engineer, Mike Hattaway said the plat gives the applicant an opportunity to present the way he wishes to divide the property. Mary Williamson, Vicki Baker and Nancy Booth all made comments. Mayor Piland closed the public hearing at 9:05 p.m. Councilman Sines was concerned about the drainage problem. Councilman Sabatini said we need to recognize that this is a preliminary plat. Motion was made by Councilman Daniels that we continue the public hearing until date certain, date to be at date selected that will allow 15 days notification in the news- paper and it be advertised in both newspapers as a continuation of this public hearing. Motion died for lack of a second. I[ Motion was made by Councilman Sines that this be placed on the agenda for the 18th Workshop Session and for the applicants to have their proposals on storm dEainage and water supply and distribution systems. Seconded by Councilman Pellerin. 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 Daniels that you appoint a committee of three councilmen to select an attorney to represent the City at the next Council Meeting when this matter is discussed and acted upon. Seconded by Councilman Logan. Discussion. Mayor Piland suggested that Council get together and appoint their own Attorney. Motion was withdrawn and second was withdrawn. Councilman Daniels said for the record he did not utilize the services of Mr. Massey during the public hearing. Motion was made by Councilman Daniels that we authorize the hiring of an attorney to represent the City in this matter at the public hearing at the next Council meeting at which the preliminary plat approval requested by Mr. Jon Zabel will be considered. That attorney to be selected during the Workshop to be conducted next week. 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. {] Police officer vests: Mation was made by Councilman Sines that we initiate action immediately for the procurement of bullet vests and that these specifications will be attached to the minutes of the meeting and that we further discuss the use at the next Workshop Session. Seconded by Councilman Daniels. Motion withdrawn and second withdrawn. ~ ^ rl Reg. Session, City Council, Jan. ll, 1978 Page 3 77 -78-11 Motion was made by Councilman Daniels that we declare the purchase of soft body armor commonly referred ae bullet proof vests for our police force an emergency within the purview of Sec. 2-24 of the Code. 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 Daniels that we authorize the solicitation for and the acceptance of sealed bids from qualified suppliers by the Chief of Police, sealed bids so accepted to be turned over to the City Clerk to be opened at the next Council Meeting. Chief of police to furnish qualified suppliers a copy of minimum specifications. 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 Daniels that we allocate and reserve $1500 from Title II PL 34-369 AntirRecession Account for the purchase of soft body armor and that we authorize payment up to $1500 for this purchase upon delivery and acceptance of the materials. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Councilman Sines asked that we schedule use of soft body armor at our next Workshop. r: Councilman Sines discussed the Stop Signs in Tuscawi1la. Attached is the letter from the Homeowner s. Motion was made by Councilman Sines that the Council direct the Public Works Department Head, Mr. Bradshaw, that he be directed to install the signs as listed in the letter from the Tuscawi1la Home Owners by Friday, January 13. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. The court reporter was representing Attorney Massey. Motion was made by Councilman Sines that we approve your appointment of Mary Norton as City Clerk. In discussion Mayor Piland said he appointed the city clerk two years ago, bbt if Council wants to ratify that he had no objection. Attorney Massey said it was not necessary to appoint every time there is an election. 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. Mayor Piland said to place the appointment of City Clerk on the agenda for the next Regular Meeting. He said he would ask the Seminole County Bar Assn. or the Florida Bar Assn. to get a quick answer. r Motion was made by Councilman Sines that we do not confirm the appointment of Mr. Massey under 7.02 of the Charter. Seconded by Councilman Logan. Discussion. In discussion Mr. Massey said if we could agree upon some legal advice to interpret those provisions4He would be perfectly acceptable with the conclusion - however, Mr. Massey said if Council votes upon this motion and violates the Charter, Council t"'. /~ Reg. Session, City Council, Jan. 11, 1978 Page 4 77 -78-11 r-r. would be outside the Charter and he said he would take whatever action he deems necessary. Mayor Piland said he will place both appointments for action under the Mayor's office on the agenda. Motion was made by Councilman Daniels to table. 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 asked that Council sit down at a Workshop and come up with names of three attorneys to arbitrate with the understanding we abide by it. Wildwood wa~' discussed. Mr. Courtner passed out exhibits and a letter to all Councilmen. Mr. Rick Stanley of Orlando, attorney, represented residents of Wildwood. The attorney for National Homes explained that National Homes has offered to do whatever is necessary to satisfy the Homeowners. In response to Mr. Stanley National Homes does not concede that the project has ever been abandoned. He said that if the residents wish to remain in the Planned Unit Development then National Homes will pay their fees so long as they own their home; if they wish to be extracted from the P.U.D. then we are willing to allow that, the only proviso to that is if they are removed from the P.U.D. and making USe of the P.U.D. association's small streets there is going to have to be a provision between them and the association, not the developer, for them to pay their proportional actual cost of using the streets. City engineer, Cal Conklin, and Council discussed the proposed amendments (copy is attached to the minutes). n Motion was made by Councilman Sines to approve Mr. Conklin's recommendations that those have to be complied with; also the amenities package; and also the City would have to approve the agreement that those people work out between themselves (the restrictions). Seconded by Councilman Pellerin. Discussion. An amendment to the motion was made by Councilman Daniels inasmuch as the developer has . expressed his agreement to temporarily leave Lot 49 not built upon until Thistle Court is completed and the reason for this being to consider the traffic problems that may exist at that time on Thistle place atldlhhat no final permits will be issued until the first phase of the work has been completed. 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. Vote on the main motion as amended:Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that the requested vacation of easement on Lot 20 Wildwood Planned Unit Development be approved for that encroachment on the easement by the house. 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. Attorney Massey is to prepare a resolution to vacate this easement. n t'" 1""\ Reg. Session, City Council, Jan. 11, 1978 Page 5 77 -78-11 r-r Motion was made by Councilman Daniels that the Maintenance Bond submitted by Amick Construction Company, Inc. dealing with Burgos Road be accepted and Burgos Road be accepted as presented with the exception that the period of bond will run from two years of this date. 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. Mr. Nels Fick requested a letter from the City that the road was accepted. On the question of the fire hydrant, since approvals were given before the new ordinance was adopted, Burgos Road subdivision would come under the old ordinance. Items for the agenda would be accepted no later than 9:00 a.m. Monday mornings. Motion was made by Councilman Daniels that the meeting nights be on Tuesday as opposed to Wednesdays. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, no; Councilman Logan,absent; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; Mayor Piland, no; motion failed. Legislative Delegation Items: Councilman Daniels requested a as follows: 1. 2. 3. resolution be drawn up for the Legislative Delegation 4. Do something positive about double taxation. Repeal the Seminole County Land Use Planning Act. Prepare a resolution and ask them to provide for waivers to be granted for people in meeting some physical requirement specifically eyesight in the requirements for firefighters. Sponsor a special bill in the case of our two firemen in the caSe of Roger Roy and J.C.Lawson, allowing them to serve as firefighters not meeting the eyesight requirements. f'l Motion was made by Councilman Daniels that we prepare four resolutions on these items and submit them to the Legislative Delegation for their consideration. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that the Purchase Order Procedure as presented be approved. Seconded by Councilman Sines. Discussion. In discussion Mayor Piland said he provided some recommendations for Council to consider. Vote on the motion: Councilman Sines, aye; / Councilman Logan, absent; Councilman Daniels, ,aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Attorney Massey reported the bill for unemployment compensation had to be paid. Mayor Piland read Resolution No. 199. Motion was made by Councilman Sines to adopt Resolution No. 199. Seconded by Councilman Daniels. Discussion.Vote on the motion:Counci1man Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pel1erin,aye; Councilman Sabatini, absent; motion carried. n . . . . e Reg. Session, City Council, Jan. 11, 1978 Page 6 77 -78-11 tlayor Piland recessed the Council Meeting and opened the public hearing for Ordinance No. 164. No one was present to speak for or against the ordinance. Mayor Piland closed the public hearing. l1ayor Piland opened the public hearing for Ordinance no. 165. No one spoke for or against the ordinance. Nayor Piland closed the public hearing. Motion ,-1as made by Councilman Sines that '-de continue the public hearings for Ordinance No. 164 and Ordinance No. 165 until the next regular meeting.on January 25, 1978. Seconded by Councilman Pellerin. Discussion. Vote on the motion:Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pellerin aye; Councilman Sabatini, absent; motion carried. Hotion Has made by Councilman Sines that \'le dispense 'ilith items 21-25. Seconded by Councilman Daniels. Discussion.Vote on the motion:Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Coun cilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Hotion \Vas made by Councilman Daniels that \'1e declare the repair of the radio to\Ver and antennas blmm dO\m during the storm as emergency under the purvue of Sec.2-24 of the code. Seconded by Councilman Sines. Discussion.Vote on the motion:Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Hotion was made by Councilman Daniels that the police chLef be authorized to obtain sealed bids for the repair and replacement of the radio tOHer and antennas. Said bids to be turned over to the City Clerk on receipt to be opened at the next Council Meeting. Seconded by Councilman Pellerin. Discussion. Vote on the motion:Councilruan Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. tlotion was made by Councilman Daniels that we allocate and reserve $2000 from Titl~ II Public Law 94-369 Anti-Recessional Fund for the purchase of materials and services to repairs to the ra&io tower and antennas and authorize the payment of not more than $2000 for this purpose upon completion of said repair or replacement. Seconded by Councilman Sines. Discussion.Vote on the motion:Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pellerin, aye; touncilman Sabatini, absent; motion carried. Hotion was made by Councilman Sines to adopt resolutions for Councilman Ilendri:: and Councilman Ash for their services. Seconded by Councilma.n Daniels. Discussion. Vote on the motion:Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Hotion ';JaS made by Councilman Daniels that the purchase order be approved to send J.Keith to the Florida Institute of Law Enforcement. Seconded by Councilman Sines. Discussion. Vote on the motion:Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilm&n Pellerin, aye; Councilman Sabatini, absent; motion carried. Hr. Rozansky attended a meeting this Heek vlith the Dept. of Transportation on the widening of S.R. 434. Construction is to start either the end of this month or early next month. e e Reg. Session, City Council, Jan. 11, 1978 Page 7 77-78-11 . Hot ion was made by Councilman Daniels to place on the agenda the subject of the Mayor's Commissioner appointments. Seconded by Councilman Sines. Discussion.Vote on the motion: Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels that the Council, while not confirming the Corrnnission appointments made by the Hayor but in the interest of getting on "lith the necessary business of the City now instructs itself individually and collectively to henceforth assume the responsibility for supervision and operational control over the departments as enumerated on December 5, 1977 by the Hayor's appointments. Seconded by Councilman Sines. Discussion. Vote on the motion:Councilman Sines, aye; Councilman Logan, absent; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Meeting was adjourned. Respectfully submitted, ~/~ Hary T. Norton, City Clerk Approved: {}J~OR ... .