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Home My WebLink About1978 04 04 City Council Regular Minutes '-' ' ~ I 77 -78-2:?t ., , ~ 0'. REGULAR SESSION CITY COUNCIL CITr OF WINTER SPRINGS APRIL 4,1978 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 CouncibDan Tom Craven. The pledge of allegiance to the flag was led by CouncibDan Logan. Roll Call: Mayor Troy Piland, present Deputy Mayor John Daniels, present Acting City Attorney, Frank Walden, present Councilmen: Tom Craven, present Burt Logan, present Larry Pellerin, present John Sabatini, present Public Input: Mrs. Marge Malich, Camphorwood Street, complained that the wooded area in the back of her home was cut down by the Public Works Department and it now looks terrible. Don Sines, Deer Run, took offense to Mayor Piland's statement made at the Workshop Session of March 28 concerning overcharge of utility tax. Motion was made by Councilman Daniels that approval of the minutes of March 21, 1978 be deferred until we see a revised copy. Seconded by CouncibDan Pellerin. Discussion. Vote on the motion1 Councilman Craven, aye; Councilman Logan, aye; CouncibDan Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mr. MdKool, executi~e Vice-President of National Homes Construction Corporation, was present to speak reference Wildwood and the agreeaents. Attorney Stanley represent- ing the Homeowners presented a resolution which is attached to the minutes. ~ Motion was made by Councilman Daniels that the City acknowledges that National Homes Construction Corporation has entered into an acceptable agreeaent with all but one of the Homeowners currently residina in Wildwood and that the condition placed upon their development", pertaining to such agreements have been met. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mr. Don Carlson was told they could take out building permits, but that no certificates of occupancy would be issued until the criteria set forth pertaining to drainage and all requirements of the City Engineer are met. There was discussion of the purchase of the North Orlando Water & Sewer Corporation. Councilman Sabatini recommended Mr. Stewart Hartman who is in the bonding business be invited to speak to Council. Motion was made by Councilman Pellerin that we do not purchase the utility company (North Orlando Water & Sewer Corp.). Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, no; Councilman Logan, no; Councilman Daniels, yes; Councilman Pellerin, yes; Councilman Sabatini, no; motion fails. Mr. Hartman is to be invited to a Workshop Session on April 25, 1978. r" ~ ' (~ ,...-.., Reg. Session, City Council, April 4, 1978 Page 2 77 -78-23 In discussion of the overcharge of utility taxes, Council felt there would have to ~ be an ordinance to provide for the tax refund. Motion was made by CouncibBan Daniels to have the Attorney write the ordinance for refunding the overcharge on the water and sewer utility taxes. Seconded by CouncibBan Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; CouncibBan Logan, aye; CouncibBan Daniels, aye; CouncibBan Pellerin, aye; Councilman Sabatini, aye; motion carried. Attorney Walden read Resolution No. 213, for the transfer and assignment of all American Television and Communications Corporation rights, title, interest and obliga- tions under and pursuant to the authorities of Ordinance No. 65 to the survivor corporation of the merger of American Television and Communications Corporation and a wholly owned subsidiary of Time Inc., which shall be known as American Television and Communications Corporation upon consummation of the merger. Motion was made by CouncibBan Logan to adopt Resolution No. 213. Seconded by Councibaan Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; with the provision in paragraph 2, that the word signing should be changed to acceptance; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Sabatini to read the second reading of Ordinance No. 167 by title only. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; CouncibBan Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. ~ Attorney Walden read the second reading of Ordinance No. 167, Adoption of the Life Safety Code, by title only. Motion was made by Councilman Pellerin to adopt Ordinance No. 167 on the second reading by,-title only. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; CouncibBan Daniels, aye; CouncibBan Pellerin, aye; Councilman Sabatini, aye; motion carried. r ... Police Department Report, CouncibBan Craven: The monthly report has been distributed. Motion was made by CounciLman Craven to advertise for bids to sell the 1973 Plymouth. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; CounciLman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; CounciLman Sabatini, aye; motion carried. Motion was made by Councilman Craven to approve the purchase of three Motorola scan-heads in the amount of $642.00, Line Code 1-435. Seconded by Councilman Daniels. Discussion. Vote on the motion: CounciLman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; CounciLman Pellerin, aye; CounciLman Sabatini, aye; motion carried. Planning & Zoning Report, CouncibBan Logan: The monthly report has been distributed. Motion was made by Councilman Craven to adopt the Board of Adjustment Appeal Procedure. Seconded by CouncibBan Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; CouncibBan Logan, aye; Councilman Daniels, aye with objection to paragraph 1.6 dealing with notarization; CouncibBan Pellerin, aye; CounciLman Sabatini, aye; motion carried. -~ r--, r- ,.,- \ Reg. Session, City Council, April 4, 1978 Page 3 77 -78-23 ('1 The changing of the quorum for the Board of Adjustment from two members to three will be incorporated with the new subdivision ordinance. Changes in the ordinance in reference to commercial vehicles, Sec. 44.82 will be discussed at the next Workshop Session. Tuscawilla Unit 7 Replat prelUDinary approval: The Planning & Zoning Board met and approved Tuscawilla Unit 7 with the stipulation that staff reports and engineer's recommendations are met. Mr. Charlie True was present. Motion was made by CounciLman Sabatini that Tuscawilla Unit 7 Rep1at, prelu.inary, be approved as submitted. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, on the contention that the legal opinion is that Chap. 14 specifically Sect. 14-121 of the Code does not apply to Planned Unit Developments, then my vote is yes; Councilman Pellerin, aye with the same stipulation as Councilman Daniels; Councilman Sabatini, aye; motion carried. Councilman Daniels said for the record he had no objection to the section of swales, but since we do have a section of the code that calls for curbs and gutters for lots of less than one acre that we need to have the ruling that that does not apply to Planned Unit Developments. 1'"""', Finance Report, Councilman Daniels: Councilman Daniels received a letter from Cass~noblock that the umbrella policy premium would be $3150. Councilman Daniels asked Mr. Knoblock to check to see if thelegah liability coverage...pr&"ides adequate c..varage for-.19yees and public officials, then we would not pursue the umbrella policy. Motion was made by Councilman Daniels that the audit report that was provided by the CPA firm of Fitzpatrick & Hartsock for the Fiscal Year 1976-77, ending September 30, 1977, be approved. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; CounciLman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Councilman Daniels reported we have a letter from an employee of the police department that is appealing her discharge on the basis of discrUDination and is requesting a hearing before the Council. The Mayor called a Special Meeting before the Workshop Session, next Tuesday, April 11, 1978. Councilman Daniels discussed the::se1!Vices provided by Attorney Massey. Motion was made by Councilman Daniels that the services of Mr. Gary E. Massey as City Attorney, be terminated effective April 11, 1978 and that he be paid one- half of his monthly retainer or $375.00. Seconded by Councilman Craven. Discussion followed. In discussion, CouncibDan Daniels said he would be amenable to making it effective April 11, 1978 and make the appoin~ent another item for a Special Meeting. Mayor Piland said he didn't think he could be prepared to nominate another Attorney by then. Mayor Piland asked out of common courtesy that this action could be delayed until the Attorney could be present and it could be a properly agendad item. ~ Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; CouncibDan Pellerin, aye; Councilman Sabatini, no; motion carried. I> ~. . , """ - - '.." /~ Reg. Session, City Council, April 4, 1978 Page 4 77 -78-23 ~ Motion was made by Councilman Daniels to set a public hearing to revise the budget. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Fire Department Report, Councilman Pellerin: Copies of the monthly report will be distributed when the Xerox Machine is repaired. Councilman Pellerin reported that a building has been donated to the City for fire drills. The building is located on the northeast corner of State Road 434 and Wade Street. Motion was made by Councilman Pellerin to transfer $100 from Line Code 2-343 to Line Code 2-202 in order to have an adequate amount on hand for supplies for the rescue truck. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Pellerin that we go ahead and authorize the purchase of the following equipment that was advertised for bids: 8 firefighters coats @103.40 from ABC Fire Equipment Co.; 7 firefighters pants @66.65 each from ACB Fire Equipment Co; 8 firefighters boots @32.90 from Highlands Fire Equipment Co.; and 2 Air Packs at @408.l5 from ABC Fire Equipment Co; 2 cylinders @109.88 from ABC Fire Equipment Co. and 2 large cylinders @126.40 each. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. r The next item on the agenda was "Establish an Overt~ Pay Policy for Emergency Repair of Trucks". Councilman Pellerin asked who put this on the agenda and Mayor Piland said Chief Holzman did. Councilman Pellerin asked Chief Holzman, "did you at any time see me in regards to this item even though I had personally seen you several times in the course of the last week? You haven't even brought this up to me to discuss it." Chief Holzman's repty was inaudible on the tape. Councilman Pellerin said, "isn't this your place to keep the Commissioner advised?" Chief Holzman answered, "it is - and I would have entered it into the report, however it had already been put on the agenda." Councilman Pellerin said, "in the future, anything that goes on the agenda for the Department will be checked through me before it is placed on the agenda." Chief Holzman said even though the Personnel Policy establishes an authorization for overtime, I want to get something further established - we could use a mechanic from the department to be on call during his off duty time to prevent the trucks from being out of service rather than waiting for him to come back on duty or send the truck out for repair. It would be worthwhile to use a few hours of his time and paying for it. I don't know how to establish a rate - we don't have a base for the 56 hour work week because these guys are on salary." Councilman Pellerin said, "I am going to withdraw this from the agenda until I have a chanqe to talk to the Chief about this. I don't know if this problem has come up in the past or not, but I don't appreciate being caught short footed at the agenda such as this. I do feel that the Department Heads if they have something to be agendad, it should be through the Commissioners." r . ,... ,....., . ' 1"1 Reg. Session, City Council, April 4, 1978 Page 5 77 -78-23 ~ Public Works Department report, Councilman Sabatini: The monthly report has been distributed. One bid was received for the maintenance contract for city buildings from Air Flow Heating and Air Conditioning in the amount of $1976.00 annually. Motion was made by Councilman Sabatini that we turn down the bid as submitted from Air Flow. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mayor Piland asked Councilman Sabatini to instruct his Department to contact the prior contractor to see if we can still get their contract at $87.00 per month. Motion was made by Councilman Sabatini to approve the repairs to Car #77 in the amount of $863.21 from Bob Dance Dodge. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels to adopt Resolution No. 214, supporting the South Seminole and North Orange County Wastewater Transmission Authority Act. Seconded by CouncibDan Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Sabatini to direct the Mayor to sign the inter local agreement that the City of Orlando presented to this Council and was approved by this Council. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; CouncibDan Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Meeting was adjourned. Respectfully submitted, Jn~;:~ Mary T. Norton, City Clerk Approved: MAYOR (1