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HomeMy WebLinkAbout1978 08 29 City Council Regular Minutes . . . e 77-78-46 e , REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS AUGUST 29, 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 Laurent Pellerin. The pledge of allegiance to the flag was led by City Attorney Tom Lang. Roll Call: Mayor Troy Piland, present Deputy Mayor Laurent Pellerin, present City Attorney Tom Lang, present Counc i lmen: Tom Craven, present Burt Logan, present John Daniels, present John Sabatini, absent Pub lic Input: Mrs. E. Smith, 914 Lakeview Drive, Wildwood, requested Mr. Foglia (Wildwood Sub- division) be cited for a nuisance. A letter is to be sent to Mr. Foglia notifying him, citing the section of the code which applies. Mr. John Torcaso, Hacienda Village, asked about funding for a para-medic program. Mr. Frank Bracht, Wade Street, said the house on the corner of his block which was donated to the City for fire training looks terrible and asked if something could be done about it. He also reported the street light is out. Approval of Minutes of August 22, 1978: Motion was made by Councilman Daniels to approve the minutes of August 22, 1978. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Council Seat I - Tom Craven: Councilman Craven reported that patrolman Mickey Davis has resigned effective Aug. 30, 1978. Councilman Craven requested Attorney Lang to explain the contraction procedures. Attorney Lang said there has to be a public hearing and this hearing is set for September 19, 1978. At the time of the public hearing the City Council has options as follows: passing the ordinance in which case contraction will occur or defeating the ordinance and contraction will not occur and the provisions of the statute will apply. In this case because it is a unique ordinance - contraction of municipal boundaries, Florida Statute allows another option. Council at any time including before or after the public hearing, if they opt to place the question in the hands of the voters and place it on the ballot, there would be a referendum and the majority of the vote would dictate what would happen to the contraction. Those are the options that the Council can take. Another option could occur - whether or not the qualified voters that are resident in the area want to take this action - if 15% of the qUrtlified voters who are residents of Tuscawilla were to bring a petition to this Council requesting the subject matter be placed on the ballot that there be a referendum, at this point in time the question would be taken out of the hands of this City Council. It is placed in the hands of the voters and the City Council has no options - all they can do is hold the public hearing and put the question to the voters by way of referendum vote. . . . e e Reg. Session, City Council, Aug. 29, 1978 Page 2 77 -78-46 Council Seat II - Burt Logan: The tabled motion on Lake Talmo Preliminary Plat approval was discussed. The tabled motion: Motion was made by Councilman Daniels to deny the approval for the preliminary plat on Lake Talmo - qualified - that they revise their preliminary plan to meet the requirement for relocating the road and the retention pond require- ment as laid on by the City's Consulting Engineer. Seconded by Councilman Craven. Discussion. In discussion, Attorney Lang said Council has to indicate specific reasons why the plan is being denied and the Section of the Code must be spelled out. Motion was made by Councilman Daniels to amend the motion by adding the following: specifically being denied in that the requirement of Section 14.30 H, I, J & N have not been met and with reference to 14.30 (I) has not been met in that the needs of Section 14.122 have not been fulfilled. Seconded by Councilman Craven. Discussion. Motion was made by Councilman Logan to table this item for one week. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Discussion of Special Exception: Carrie Weaver, Chairman of the Board of Adjustment discussed Section 44.21 with Council. In discussion Council asked the City Attorney to make the Board of Adjustment a functional Board with powers which allow them to hear Special Exceptions and variances. Motion was made by Councilman Logan to direct the City Attorney to draft the ordinance amending Sec. 44.21 of the Code. Seconded by Councilman Pellerin. In discussion Attorney Lang said he would amend the Section so that Special Exceptions are defined and put in some precautionary language to define special exceptions - they cannot re- zone, they can only take into account various problems that would not cause the changing of the character of the neighborhood. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye - condition that it does what the Attorney says; Councilman Pellerin, aye; ,Councilman Sabatini, absent; motion carried. Council Seat III - John Daniels: Councilman Daniels reported the premium for the insurance for the Volunteer Fire Department insurance policy expires Sept. 28, amount $414.00. Motion was made by Councilman Daniels that the subject of the Volunteer Fire Department insurance policy be placed on the agenda. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels that we extend the current Fire Department insurance coverage with Hartford Insurance Group secured by our agent Cass-Knoblock & Associates providing accidental death, dismemberment and disability insurance at a total annual premium of $414.00 to become effective upon renewal date of September 28, 1978; further that this insurance be considered as a part of the total city insurance package when it comes up for renewal next spring and this particular policy be short term cancelled at that time. Seconded by Councilman Pellerin. Discussion. Vote on themotion: Councilman Craven, aye; Councilman Logan, aye; e e Reg. Session, City Council, Aug. 29, 1978 Page 3 77-78-46 . Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Mayor Piland recessed the Regular Session and opened the public hearing for Ordinance No. 175, adopting the Budget for FY 1978-79. Attorney Lang read the notice of public hearing. Mr. Scott Kenneth, S. Devon Ave., Mr. Bill Jacobs, S. Edgemon Ave., Mrs. C. Weaver, N. Third St. and Mr. John Bennett, Wedgewood Golf Villas all spoke in discussion. After discussion Mayor Piland closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Daniels that we call a Workshop Session for 7:30 p.m. on Thursday, August 24, 1978 to consider the budget and arrive at a total definitive budget. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels that we place the subject of telephones for the Community Building on the agenda. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. . Motion was made by Councilman Daniels that the Building Department be directed to make necessary arrangements with the telephone company for pre-wiring of the additional facility in the Community Building to accomodate 3 telephone lines in rotary; to accomodate dial units and to accomodate a chime ring as opposed to a bell ring. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. The Department Heads are to report back to Council at the next meeting with a recommendation as to the number of instruments and lines needed. Council Seat IV - Laurent Pellerin: Motion was made by Councilman Pellerin that the hiring of a CETA Fireman be tabled until next week. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Councilman Pellerin asked that the Police Department take action in enforcement of our ordinances. He said the contractors throughout the City are not maintaining the property in the degree that they should; lots of refuse is lying around; in Tuscawilla they installed a double wide trailer for an information center; on Tides road there are two large loads of building materials that have been dumped. He asked when the street lights are going to be installed on Burgos Road. He also asked the status of the Federal Grant. Councilman Pellerin corrected his statement of last week. If three firemen are hired, it will relieve the Fire Chief and his assistant from standing rotational duty. Council Seat V- John Sabatini: . Telephones were discussed previously. e e . . . Reg. Session, City Council, Aug. 29, 1978 Page 4 77 -78-46 Mayor's Office: Mayor Piland read the Proclamation for Election, to be held November 7, 1978 for the purposes of electing a Councilman, Seat 1, Seat 3 and Seat 5. Mayor Piland read Resolution No. 228, appreciation for Mr. F. Chase. Motion was made by Councilman Logan to adopt Resolution No. 228. Seconded by Councilman Daniels. Discussion. Vote on themotion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Council- man Sabatini, absent; motion carried. Meeting was adjourned. Respectfully submitted, ~~~ Mary T. Norton, City Clerk Approved: h ..-/L ~. . . ,-... 77-78-46 .--- r- REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS AUGUST 29, 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 Laurent Pellerin. The pledge of allegiance to the flag was led by City Attorney Tom Lang. Roll Call: Mayor Troy Piland, present Deputy Mayor Laurent Pellerin, present City Attorney Tom Lang, present Councilmen: Tom Craven, present Burt Logan, present John Daniels, present John Sabatini, absent Public Input: Mrs. E. Smith, 914 Lakeview Drive, Wildwood, requested Mr. Foglia (Wildwood Sub- division) be cited for a nuisance. A letter is to be sent to Mr. Foglia notifying him, citing the section of the code which applies. Mr. John Torcaso, Hacienda Village, asked about funding for a para~edic program. Mr. Frank Bracht, Wade Street, said the house on the corner of his block which was donated to the City for fire training looks terrible and asked if something could be done about it. He also reported the street light is out. ",,-.. Approval of Minutes of August 22, 1978: Motion was made by Councilman Daniels to approve the minutes of August 22, 1978. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Council Seat I - Tom Craven: Councilman Craven reported that patrolman Mickey Davis has resigned effective Aug. 30, 1978. Councilman Craven requested Attorney Lang to explain the contraction procedures. Attorney Lang said there has to be a public hearing and this hearing is set for September 19, 1978. At the time of the public h~aring the City Council has options as follows: passing the ordinance in which case contraction will occur or defeating the ordinance and contraction will not occur and the provisions of the statute will apply. In this case because it is a unique ordinance - contraction of municipal boundaries, Florida Statute allows another option. Council at any time including before or after the public hearing, if they opt to place the question in the hands of the voters and place it on the ballot, there would be a referendum and the majority of the vote would dictate what would happen to the contraction. Those are the options that the Council can take. Another option could occur - whether or not the qualified voters that are resident in the area want to take this action - if 15% of the qualified voters who are residents of Tuscawilla were to bring a petition to this Council requesting the subject matter be placed on the ballot that there be a referendum, at this point in time the question would be taken out of the hands of this City Council. It is placed in the hands of the voters and the City Council has no options - all they ~ can do is hold the public hearing and put the question to the voters by way of referendum vote. .~ ~ ....-.. Reg. Session, City Council, Aug. 29, 1918 Page 2 77 -78-46 ~ Council Seat II - Burt Logan: The tabled motion on Lake Ta1mo Preliminary Plat approval was discussed. The tabled motion: Motion was made by Councilman Daniels to deny the approval for the preliminary plat on Lake Ta1mo - qualified - that they revise their preliminary plan to meet the requirement for relocating the road and the retention pond require- ment as laid on by the City's Consulting Engineer. Seconded by Councilman Craven. Discussion. In discussion, Attorney Lang said Council has to indicate specific reasons why the plan is being denied and the Section of the Code must be spelled out. Motion was made by Councilman Daniels to amend the motion by adding the following: specifically being denied in that the requirement of Section 14.30 H, I, J & N have not been met and with reference to 14.30 (I) has not been met in that the needs of Section 14.122 have not been fulfilled. Seconded by Councilman Craven. Discussion. Motion was made by Councilman Logan to table this item for one week. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Discussion of Special Exception: Carrie Weaver, Chairman of the Board of Adjustment discussed Section 44.21 with Council. In discussion Council asked the City Attorney to make the Board of Adjustment a functional Board with powers which allow them to hear Special Exceptions and variances. ~ Motion was made by Councilman Logan to direct the City Attorney to draft the ordinance amending Sec. 44.21 of the Code. Seconded by Councilman Pellerin. In discussion Attorney Lang said he would amend the Section so that Special Exceptions are defined and put in some precautionary language to define special exceptions - they cannot re- zone, they can only take into account various problems that would not cause the changing of the character of the neighborhood. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye - condition that it does what the Attorney says; Councilman Pellerin, aye; ,Councilman Sabatini, absent; motion carried. Council Seat III - John Daniels: Councilman Daniels reported the premium for the insurance for the Volunteer Fire Department insurance policy expires Sept. 28, amount $414.00. Motion was made by Councilman Daniels that the subject of the Volunteer Fire Department insurance policy be placed on the agenda. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels that we extend the current Fire Department insurance coverage with Hartford Insurance Group secured by our agent Cass~noblock & Associates providing accidental death, dismemberment and disability insurance at a total annual premium of $414.00 to become effective upon renewal date of September 28, 1978; further that this insurance be considered as a part of the total city insurance package when it comes up for renewal next spring and this particular policy be short term cancelled at that time. Seconded by Councilman Pellerin. Discussion. Vote on themotion: Councilman Craven, aye; Councilman Logan, aye; ...--. ',,- ,-.. ,-.. " Reg. Session, City Council, Aug. 29, 1978 Page 3 77 -78-46 I"'" Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Mayor Piland recessed the Regular Session and opened the public hearing for Ordinance No. 175, adopting the Budget for FY 1978-79. Attorney Lang read the notice of public hearing. Mr. Scott Kenneth, S. Devon Ave., Mr. Bill Jacobs, S. Edgemon Ave., Mrs. C. Weaver, N. Third St. and Mr. John Bennett, Wedgewood Golf Villas all spoke in discussion. After discussion Mayor Piland closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Daniels that we call a Workshop Session for 7:30 p.m. on Thursday, August 24, 1978 to consider the budget and arrive at a total definitive budget. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels that we place the subject of telephones for the Community Building on the agenda. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels that the Building Department be directed to make necessary arrangements with the telephone company for pre-wiring of the additional facility in the Community Building to accomodate 3 telephone lines in rotary; to accomodate dial units and to accomodate a chUne ring as opposed to a bell ring. I"'" Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. The Department Heads are to report back to Council at the next meeting with a recommendation as to the number of instruments and lines needed. Council Seat IV - Laurent Pellerin: Motion was made by Councilman Pellerin that the hiring of a CETA Fireman be tabled until next week. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Councilman Pellerin asked that the Police Department take action in enforcement of our ordinances. He said the contractors throughout the City are not maintaining the property in the degree that they should; lots of refuse is lying around; in Tuscawi1la they installed a double wide trailer for an information center; on Tides road there are two large loads of building materials that have been dumped. He asked when the street lights are going to be installed on Burgos Road. He also asked the status of the Federal Grant. Councilman Pellerin corrected his statement of last week. If three firemen are hired, it will relieve the Fire Chief and his assistant from standing rotational duty. Council Seat V- John Sabatini: I"'" Telephones were discussed previously. '-.. 4 ~ ---- , 4 , . ."-" Reg. Session, City Council, Aug. 29, 1978 Page 4 77 -78-46 Mayor's Office: Mayor Piland read the Proclamation for Election, to be held November 7, 1978 for the purposes of electing a Councilman, Seat 1, Seat 3 and Seat 5. Mayor Piland read Resolution No. 228, appreciation for Mr. F. Chase. Motion was made by Councilman Logan to adopt Resolution No. 228. Seconded by Councilman Daniels. Discussion. Vote on themotion: Councilman Craven, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Council- man Sabatini, absent; motion carried. Meeting was adjourned. Respectfully submitted, ~t:~ Mary T. Norton, City Clerk Approved: ,.-.. I"""""