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Home My WebLink About1978 08 08 City Council Regular Minutes ... ' e 7.8-43 . REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS AUGUST 8, 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 Tom Craven. The pledge of allegiance to the flag was led by Councilman Logan. Ro 11 Ca 11 : Mayor Troy Piland, present Deputy Mayor Laurent Pellerin, absent City Attorney Tom Lang, present Councilmen: Tom Craven, present Burt Logan, present John Daniels, present John Sabatini, absent Public Input: Attorney Lang said that Council instructed him to notice the hearing on the Contraction issue. The Florida Statute 171.051, (3) says the description must include a statement that the area to be excluded fails to meet criteria of 171.043. "The minutes do not reflect that eve ever made such a finding" said Attorney Lang and Council has to make a finding as to why this property is ~ligible for contraction in accordance with 171.043. Motion ~,as made by Councilman Daniels to place on the agenda the subject matter of finding in accordance with Florida Statute 171.043 character of the area to be annexed. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. . Mr. John Bennett, 928 Wedgewood Drive, asked for a status report on the feasibility study. Mr. Harry Burquette, Hacienda Village asked the Mayor when the letter was sent out in reference to the drainage problem behind Cumberland Farms Store. Mr. Garrity, 20 Sheoah Boulevard, said his car drags when he pulls in his driveway. Mr. William Jacobs, 404 S. Edgemon Ave., said there were no barricades on North Edgemon Avenue and he got stuck in the mud. Miss Elizabeth Gregg of Bahama Road, presented a petition to Council reference the public dump created by the First Baptist Church of Winter Springs at the corner of Bahama and Hayes Road. Motion was made by Councilman Daniels that the First Baptist Church of Winter Springs, specifically Reverend Bobby Clark, be informed by letter tomorrow that he is in violation of Sec. 7-1 of the Code; that he be given 15 days from date of letter to clean up the operation in accordance with Chapter 7; that he is to maintain it in a clean state henceforth and he is to allow only allowable materials to be dumped there henceforth; that he will establish necessary controls to assure that the dump is operated legally; and lastly, that in the event that he does not take necessary action then he will be subject to the provisions of Sec. 1-8 and 7-2 of the City Code. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. . 1& e e Reg. Session, City Council, Aug. 8, 1978 Page 2 77 -78-43 . Approval of minutes of August 1, 1978: Motion was made by Councilman Daniels to approve the minutes of August 1, 1978 "lith two corrections: motion dealing with transfer of funds should be restated as discussed between Councilman Daniels, Attorney Lang and the clerk; and on Page 4, restate Councilman Daniels stated to: Councilman Daniels stated that he felt the legal requirements of undertaking a feasibility study as required by F.S. 171.051 Sub.Sec.(2) has been met. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Counci 1 Seat I - Tom Craven: The monthly report has been distributed. Council Seat II - Burt Logan: The monthly report has been distributed. The City Engineer and City Planner are to give a report next week on the assessment plat for Sec. 2 and 2A. Mayor Piland recessed the Council Meeting and opened the public hearing for Ordinance No. 173, amending sections 44.09 and 44.20 of Appendix A of the Code so as to require the Board of Adjustment to meet bi~onthly, etc. Attorney Lang read Ordinance No. 173 in its entirety. No one spoke for or against the ordinance. Mayor Piland closed the public hearing and reconvened the Regular Session. The ordinance is to be posted in City Hall for thirty days and then will be back on the agenda. . Resolution No. 227 for Wildwood addressing was read by Attorney Lang. Motion was made by Councilman Logan to adopt Resolution No. 227. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Logan to place on the agenda final plat approval for Blades Court. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Logan that eve grant final plat approval for Blades Court with the stipulation that the approval is subject to notification from Florida Land Company indicating that they are the present and proper owners at this time and that there are no encumbrances as of the date we accepted the plat and they are the clear title holders. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilm~'n Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Council Seat III - John Daniels: The monthly Finance report has been distributed and we are progressing as anticipated. Arrangement for Vehicle Maintenance: Motion was made by Councilman Daniels that we explore with the City of Altamonte the possibility of them performing all police vehicle maintenance for us to begin at a date that is acceptable to both of us. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman D~niels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. . " e e Reg. Session, City Council, Aug. 8, 1978 Page 3 77 -78 -43 . The Planner, Police Chief and the Mayor are to contact Mayor Floyd to get more details about police vehicle maintenance. Motion was made by Councilman Daniels that we should explore the feasibility of inter local agreement with the County to perform maintenance on heavy equipment and fire trucks beyond the capability of our own department. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels to place on the agenda subject matter Lake- Drainage Basin located in Tuscawilla Unit 4, specifically located within the area between Antelope, Wolverine, Ermine and Deer Run. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels that the City's Consulting Engineer be directed to pullout the drainage plans for Unit IV Tuscawilla and that they specifically review these drainage plans with the current situation of the lake previously described and that they determine what the mean water level should be, what the high water level should be, and the low water and make some recommendation for continued maintenance by whomever should maintain it for the future and to include any other governmental agencies felt necessary by the Engineer. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. . 1978-79 Fiscal Year Budget: The 1978-79 budget was discussed. Council was in agreement of a 5% basic increase for salary schedule; - additional personnel was discussed and this will be discussed again next week including promotions; Mayor Piland recommended the City needs an administrator, and this will will be on the agenda next week; Mayor Piland is to give his recommendations next week reference Public Works/Building Department re- organization. Motion was made by Councilman Daniels that we find the area proposed for contraction does not meet the criteria established by Florida Statute 171.043 (1) and (3). Seconded by Councilman Craven. Discussion. In discussion Attorney Lang said that F.S. 171.043 subsection 1 states that total area to be annexed must be contiguous, and you have reviewed the map and determined it to not be contiguous to the municipal boundaries at the time of de-annexation; subsection 3 would be an alternative - sub- section 3 standing alone would not support contraction - it would have to be 2 and 3 were not met if 1 is ever found to have been met. Councilman Daniels said "in my opinion that the area does not meet the criteria of (2) either." Vote on the motion: Councilman Craven, aye; Councilman Logan, no; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. . Councilman Daniels said he will file a Conflict of Interest form and that he is for the contraction. e e Reg. Session, City Council, Aug. 8, 1978 Page 4 77 -78-43 . Council Seat IV - Laurent Pellerin: Monthly report has been distributed. Council Seat V - John Sabatini: Bid opening for remodeling office space: Two bids were received and opened by Finance Commissioner John Daniels. One bid was received from Hartman & Sons, Orlando, in the amount of $3,978.00 and one bid was received from Harrison Central Construction Corporation of A1tamonte Springs in the amount of $5,700.00. Motion was made by Councilman Daniels that the proposal of Hartman and Sons, 802 Virginia Drive, Orlando, be accepted subject to the detailed review by the Head of the Building Department and the City Planner, and if they find in their review that the proposal fully meets the plans and specifications that we shall proceed with awarding the contract. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Logan to place on the agenda purchase order for barricades and flashers in the amount of $359.00. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. . Motion was made by Councilman Logan to approve the purchase of 12 barricades and 6 flasher units in the amount of $359.10. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. (This ?urchase is to be from Line Code 202). Motion was made by Councilman Logan to allow Public Works Director, Ray Bradshaw, to provide the necessary drainage relief on North Edgemon Avenue utilizing the backhoe and to limit materials to no more than $300.00 and that this will be a temporary fix. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Mayor's Office: Motion ,ms made by Councilman Daniels to enter into the inter-local road maintenance agreement with the County. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Logan to authorize the Mayor to approach the County to enter into an agreement for a joint city/county participation for construction of North Edgemon Aven~e where pavement stops to S.R. 419, with a dollar limitation of $16,000. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, absent; Councilman Sabatini, absent; motion carried. . Meeting was adjourned. Respectfully submitted, 'Jy,Ah~r: ~ MaryT. Norton, City Clerk ,MAYOR ~,}~"",,~,,,.t"" -~._-~.~- I" -I.. " . 1?/79 _TE ON WHICH VOTE OCCURRED: ~p.5i' 8 ,1978 ."..~~ FO.4 MEMORANDUM OF VOTING CONFLICT . ~ _PART A Name: DrtlVl~C5 (LAST) /~27 ;4r,klbP- (STREET) y JOhn! IA/. TelePhone:&S- h7/-U()~ (FIRST) (MIDDLE) 7/e, /11A/'/-i4'/V~ ;Cia 32~(( (CITY) (ZIP CODE ~ . (NUMBER) /.,..I;/e, (COUNTY) Address: PART B Agency is a unit of [check one] : ( ) State of Florida; ~ e/~~ (7~ c;t/'d~.c Position held in Agency: (!(}~/IIe// ;??H4 Name of Agency: County, City or other Political Subdivision $//)-/ ~~ S- f ,/ PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes g 112.3143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: 7' It ve .. P'''on 0' pdndp.' '0 whom 'h"p,,;" go; n dos,,; bed .bo", wm inu", 11/ 0 ~ { ,J I;'; r/ p fr-,.ue. . a. ( ) Yourself b. ( ) Principal by whom you are retained: (NAME) PART D -FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. PART E +t"f.;-/C/tO'. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES g112.317 (19751, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4- EFF. 1/1/77 .~,.,,_,~~-"--c"__'-.-~-'--:~_.:-::--'","",,"' - .,._~,~-- . ", FO&4 "MEMORANDUM OF VOTING CONFLICT # ;.. ~TE ON WHICH VOTE OCCURRED: .. 1-1 ,1918 . PART A Name: ])tftnli/s (LAST) \JO h ,.,; TelePhoneJos- h71- Zt;P-b ~ (NABER) 327J I /r/IJL (ZIP CODE) (COUNTY) Address: PART B Name of Agency: ) State of Florida; .( l' County, City or other Political Subdivision o {Z LA/lh~ J-,r:r. Agency is a unit of [check on Position held in Agency: PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~ 112.3143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. . 1. Description of the matter upon which you voted in your official capa~ity: ::::;(,..-1/ e.--r-Ilt ( t ~S d;a!l ;"3 [,u; 1-1. ~A7I/ wi I--~ C, It' 9-J t!) -f /YiU/1'/1 C I(;tl. ( !JoaN''' ter/-lS' , - 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: JJI~ SfLC/;'t I)i-I'yan era/Ill te, k- d'f/I-I'tI~t( f , !- ' . ~Slth- tJ-r ~ Aru~ {1\J1/,,1(/~tI A-.nL - ~-t~L";I8- @Cf-/~, ~ y4/2/ft'1 /5 ~/~ ~ jJt//;~c. /5 l/i'ha I-<- t1-f" /1Yll sh-/ "- ~ :z:~~ do -ktl/fr ~ Iv 1Z~5"'kfL- 1S5t(~ .. Person or principal to whom the special gain described above will inure: N(J raiN /NVb/t/€1 ~ a. ( ) Yourself b. ( ) Principal by whom you are retained: (NAME) PART D -FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. PART E SIGNATURE OF PERSON DISCLOSING ~I:AT~GNC97~ OTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - EFF. 1/1/77