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Home My WebLink About1978 10 10 City Council Regular Minutes . . . e 78-79-2 - REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS OCTOBER 10, 1978 The Regular Session of the City Council of called to order by Mayor Troy Piland. The Laurent Pellerin. The pledge of allegiance Tom Lang. the City of Winter Springs, Florida was invocation was given by Deputy Mayor to the flag was led by City Attorney Roll Call: Mayor Troy Piland, present Deputy Mayor Laurent Pellerin, present City Attorney Tom Lang, present Councilmen: Tom Craven, absent Burt Logan, present John Daniels, present John Sabatini, absent Public Input: Mr. Bill Jacobs, 404 S. Edgemon Ave., asked if Council was going to waive the fee for political signs for candidates in the November election. Mr. C. Mort, S. Devon Ave., asked about the Recall petitions Mr. Dave Artzner, said he had his DER permit and would like the final papers signed so that he could start work on Wonder Lake. Approval of Minutes of Oct. 3, 1978: Motion was made by Councilman Pellerin that we approve the minutes of October 3 with the de!etion, on page 2, of the discussion of the recall petitions. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Councilman Daniels asked that under the Mayor's Office the second sentence be changed to read: "Action was taken by Council at an earlier meeting." Motion was made by Councilman Pellerin to approve the minutes of October 3, 1978. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. City Engineer, Cal Conklin, discussed the 201 Orlando Easterly Project. He said there were two items to be considered by the City: Winter Springs' participation in the program financially and rate negotiations with the City of Orlando in reference to excess capacity charges. Mr. Conklin also discussed with Council the engineering agreement on the E.D.A. Grant and he recommended some changes be made. Motion was made by Councilman Logan that we re-negotiate the contract with Clark, Dietz & Associates eliminating the cost plus section and using the same figures and forward it to E.D.A. Seconded by Councilman Pellerin for discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, no; Councilman Pellerin, no; Councilman Sabatini, absent; motion failed. Mr. Conklin is to get with Attorney Lang and send a copy of the agreement to EDA asking them to review it and if it is acceptable. . . . e e Reg. Session, City Council, Oct. 10, 1978 Page 2 78-79-2 Mr. Bill Holmes reported on the road condition in Tuscawi11a Unit IV. He said he did not have a formal report from Ardaman & Associates. He also reported on Unit II of Tuscawil1a. He provided Council with a copy of his letter and a copy is attached to the minutes. Mr. Holmes was asked to come back next week with a definitive program in stages and costs involved in improving the area. He was also asked to bring back any correspondence from the previous engineer on this subject. Council Seat I - Assistant, Laurent Pellerin: The monthly Police Department report has been distributed. Motion was made by Councilman Pellerin that the Chief be permitted to advertise to fill the position created by the new manning level in the budget for new police officer and to hire a records clerk for a full time position (both police 'and fire department) to fill the vacancy created by the resignation of Kim NUnan to become effective October 12, 1978 and that the City Clerk take proper steps to advertise. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Pellerin that we initiate action to put in sidewalks on at least one side of North Edgemon Avenue and one side of South Edgemon Avenue from SR 434 to the existing sidewalks. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Mayor Piland asked Attorney Lang to check the legal ramifications. Mr. Bradshaw is to come up with a cost estimate of a standard sidewalk, about 1/4 mile length. Council Seat II - Burt Logan: The monthly report has been distributed. Item 7 in the report, Councilman Logan recommended that Mr. Bradshaw and the City inspector accompany the engineer on these road inspections to become familiar with the procedures. Mr. Floyd Chase volunteered his services in these inspections. Final engineering Section VI Highlands: Mr. Dale Crosby of Florida Land Company was present. There was discussion of the maintenance of the fence, assessments and setbacks. Motion was made by Councilman Pellerin that we table this until next week at which time some of the discussion that has transpired tonight we could probably get the replies to and have these things ironed out. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Report on Annexation Ordinances Nos. 164 & 165: Motion was made by Councilman Daniels to direct the Attorney to set up a public hearing for the continuation of the public hearing on these annexation ordinances. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Logan to allow Attorney Lang to introduce Ordinance No. 180 which amends certain procedures for the Board of Adjustment; authorizing the granting of special exceptions in certain circumstances, etc. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, absent; Councilman e e Reg. Session, City Council, Oct. 10, 1978 Page 3 78-79-2 . Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Attorney Lang read the first reading of Ordinance No. 180. Council Seat III - John Daniels: Councilman Daniels reported on the revenues. He also reported that the Council of Local Governments is forming a new committee, the Tax Equalization Committee. Membership is to be three people from the County and five people from the Cities. Councilman Daniels asked Council to come up with a recommendation for this committee at next week's meeting. Bids for Police Station renovation: The bids were opened by Finance Commissioner John Daniels. Two bids were received: Scotty's Construction in the amount of $3,200 and Hartman & Sons Construction in the amount of $4276.00. Motion was made by Councilman Daniels that these be referred to a committee consisting of the Police Chief, the Fire Chief and the Building Official and that they make recommendations on these bids. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Pellerin to place on the agenda the rejuvenation of Wonder Lake. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. . Motion was made by Councilman Pellerin that the resolution be adopted in'accordance with the recommendations of the City Attorney. (Attorney Lang explained that the Mayor would have to execute all these documents after the meeting and there would be no permit until all documents have been signed). Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Council Seat IV - Laurent Pellerin: The monthly Fire Department report has been distributed. Councilman Pellerin said he would like to have the Council direct the City Planner to contact the property owners from Wade to Sherry Avenue along SR 434 as well as the adjoining rear lots and to start rezoning procedures for that area from residential to commercial. Motion was made by Councilman Pellerin that the Council direct all Department Heads to complete and turn in by November 15, either an update of the present job description or initiate a job description, for each position within the City in format that we basically did for the Fire Department including job titles and qualifications to be submitted to Council at that time for approval. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. . Motion was made by Councilman Pellerin to place on the agenda the wa1v1ng of the sign fee for all municipal candidates for the November election. Seconded by Councilman . . . e e Reg. Session, City Council, Oct. 10, 1978 Page 4 78-79-2 Daniels. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Pellerin that the sign fee be waived for those candidates running for municipal office in the November election. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Council Seat V - Assistant Burt Logan: The monthly report has been distributed. Mr. Bradshaw advised against closing the ditches on Coral Way at this time. After discussion, it was decided that Mr. Bradshaw close the ditches at the end of the hurricane season on or about December 1, 1978. Motion was made by Councilman Logan to place on the agenda the item of filling vacancies in the Public Works Department. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Motion was made by Councilman Daniels that the Council approve the employment of Robert L. Hawkins, and Benjamin Fuller as laborers and Bernard T. Mitchell as a backhoe operator provided that certain operational and administrative checks on these three gentlemen are favorable; specifically, checks on all three that they have a valid Florida Drivers license; specifically, that they have no background that would be detrimental to this type of employment and specifically on ML. Mitchell those other qualifications plus that he is an able and qualified backhoe operator. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Craven, absent; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Mayor's Office: Attorney Lang reported that a new law requires the authority issuing such permit to print on the face of each application and permit in no less than 18 point capitalized bold-face type: "Failure to comply with the Mechanics Lien Law can result in the property owner paying twice for building improvements." The Building Department is to get a stamp with the above to be stamped on permits. Meeting was adjourned. Respectfully submitted, Approved: ~/~ Mary T. Norton, City Clerk ,MAYOR '.r'-'~-~~~.._.- <-' .. FoA 4 MEMORANDUM OF VOTING CONFLICT _ATE ON WHICH VOTE OCCURRED: /0 c:t-46e-Y/ ,1976' e PART A Name: 1)~/~!t ( LAST) 1()~7~~~, (STREET) doh"'; (FIRST) ./JJA>I.L~~ rA/ (MIDDLE) 3 t!iL '7 J'l (CITY) TelePhone:6?l6Jtf1f ZoQ.b ~ IA/Cl (NUMBER) Se-mU:; ~ (ZIP CODE) (COUNTY) Address: PART B Agency is a unit of [check one] : ( edt (J~ (/t/" d~ ~M:/&na,.) Name of Agency: ) State of Florida; (X) County, City or other Political Subdivision Sf r-/ ~ 5 S" I ~I (UZI "c(tA, 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 capacity: {A/a, P'e r- () t= !JeJ-F?n/ ~ 4t ~, c~~~. . ~ {" /{j.-. ~{J- 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: ~ ~tLt(;(d( a k~~~ ~ Cf~1 "I'lL f/vItUi#r ~ ~ tfIz fL~ u- ~ (,A;@..':I/J-{ I r{ ~ . 2. .3. Person or principal to whom the special gain described above will inure: a. ()6' 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 ~~ (/j) (II) 7-/~ ~(/Cf::::EDlc;7t' N TICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (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