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Home My WebLink About1978 10 17 City Council Regular Minutes . . . e 78-79-3 - REGULAR SESSION CITY COUNC IL CITY OF WINTER SPRINGS OCTOBER 17, 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 Mayor Piland. The pledge of allegiance was led by Councilman John Sabatini. Roll Call: Mayor Troy Piland, present Deputy Mayor Laurent Pellerin, present City Attorney Tom Lang, present Councilmen: Tom Craven, present John Daniels, present John Sabatini, present Public Input: Mr. George Upcheck, George Street, asked if the City had any plans about the ditch on S.R. 419 as it is a dangerous situation. Mrs. White, South Edgemon Avenue, asked about the proposed sidewalks for Edgemon Avenue. Motion was made by Councilman Daniels to approve the minutes of October 10, 1978. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mayor Piland read the resignation of Burt Logan, effective October 17, 1978. Motion was made by Councilman Sabatini that we accept the resignation of Burt Logan with deepest regrets. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Council Seat I - Tom Craven: Motion was made by Councilman Craven that we accept the bid from Scotty's for re- novating the police station and to be paid from the Construction account. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Council Seat II - Assistant John Daniels: Mr. William Holmes of Clark, Dietz & Associates, Engineers, said he did not have a report from Ardaman & Associates. He distributed his report to Council on Unit II Tuscawilla on the priority list of swale modification measures. Copies were dis- tributed to Council. At the next meeting he is to have a report on the paving and lake problems. Motion was made by Councilman Pellerin to accept the engineer's recommendations on the swale and drainage problem in Winter Springs Unit II and the priorities set forth within the document. Seconded by Councilman Daniels for discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. There was discussion of the engineer's agreement for the E.D.A. grant. Mr. Lang reported that a retro-active amendment to the contract would be acceptable to E.D.A. Motion was made by Councilman Sabatini to amend the engineer's agreement eliminating the cost plus section of the contract. Motion died due to lack of a second. e e Reg. Session, City Council, Oct. 17, 1978 Page 2 78-79-3 . Tabled motion on approval of Highlands Sec. VI; Mr. White and Mr. Dale Crosby represented Florida Land Company. Motion was made by Councilman Daniels that we approve the plat of Highlands Sec. VI subject to the full compliance of the engineering report; subject to full compliance with Staff Review; subject to the agreements specified in Florida Land Company's letter of October 17, 1978 regarding the fence along the easterly line where it backs on to non-Florida Land owned property; subject to setback restrictions specified in referenced letter shall hold and there shall be no changes thereto approved by the Architectural Review Committee; any changes must be returned to the City's Board of Adjustment and to approve the lighting plan. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Council Seat III - John Daniels: Motion was made by Councilman Daniels that we increase the re-payment to our employees who use their private automobiles in performance of city work that we change the mileage allowance to $.15 per mile effective this date. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that the motion just approved be reduced to resolution form and be presented to Council for approval next week. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. . One recommendation to the Tax Equalization Committee was John Van Eepoel. Councilman Daniels was served a civil suit by the Winter Springs Development Corp. Motion was made by Councilman Daniels that this subject (civil suit) be placed on the agenda. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that Council authorize and direct the City Attorney to defend my actions and me individually in the lawsuit that has been filed against the City of Winter Springs and myself and further, defend the City in the amended petition and Complaint filed by the Winter Springs Development Corporation. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, absent; motion carried. Council Seat IV - Laurent Pellerin: There was discussion of application forms for employment and costs of construction of sidewalks. The subject of sidewalks is to be an the agenda for the next meeting. Motion was made by Councilman Pellerin to agenda Councilman Sabatini - Seat V. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. . ~ORRECTnD e - Reg. Session, City Council, Oct. 17, 1978 Page 3 78-79-3 . Motion was made by Councilman Pellerin that a resolution number be assigned declaring Councilman Sabatini's Seat V vacant due to three unexcused consecutive absences of regularly scheduled meetings; dates missed September 26, October 3 and October 10, 1978 in accordance with Sec. 408.B sub-paragraph 4. Seconded by Councilman Daniels. Discussion. Councilman Pellerin said he would amend the motion to declare if Councilman Sabatini desires this Council to hold a hearing he may request a hearing to be held on October 24, 1978 at 7:30 p.m. Seconded by Councilman Daniels. Mayor Piland asked Attorney Lang if three councilmen can take such action against an elected official. Councilman Daniels said he had no objection to placing this on the agenda next week and advertise as an agendad item. Motion was made by Councilman Sabatini to table. Seconded by Councilman Craven. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mayor Piland asked Attorney Lang to find out when this is to be brought back on the agenda. Councilman Daniels asked that this be placed on the next agenda. . Council Seat V - John Sabatini: Motion was made by Councilman Daniels that the Attorney be instructed to draft the necessary ordinance and advertise the extension of the refuse contract with H. & W. Refuse Service. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. There was discussion of paving North and South Edgemon Avenues. Motion was made by Councilman Daniels directing that we pursue the paving of South Edgemon Avenue on an informal basis. Seconded by Councilman Craven. Discussion. Vote on themotion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels to place on the agenda the hiring of A.Hunt, LT-l for the Public Works Department. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Sabatini to hire Mr. A. Hunt, LT-l. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mayor's Office: Mr. Rozansky asked the Council if the procedures would be changed as far as his contacting the City Engineer and Attorney at his discretion. Councilman Daniels said the procedures would remain but he requested to be kept informed. . Attorney Lang reported that the PSC had granted the City Extraordinary Petition for . . . , . CORRECTED e e Reg. Session, City Council, Oct. 17, 1978 Page 4 78-79-3 Reconsideration with reference to the City's collecting the franchise fee on the North Orlando water and sewer franchise. The Council authorized the attorney to file the brief necessitated by such intervention. Motion was made by Councilman Daniels that the subject of a brief with the PSC be placed on the agenda. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that the Counselor be instructed to move forward with the necessary brief on behalf of the City on the order of not collecting the franchise fee on sewer. Seconded by Councilman Pellerin for discussion. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mayor Piland read the resignation of D~. William Denton from the East Central Florida Regional Planning Council effective December 1, 1978. Meeting was adjourned. Respectfully submitted, M~z:J:;.~Z;: City Clerk Approved: ,MAYOR iIl':"T~\;:-.-"-::-- - . FORM 4 MEMORANDUM OF VOTING CONFLICT .TE ON WHICH VOTE OCCURRED: Cc;lbbr /1 ,19L! .PART A Name: })~4/1'6~S Jih,,; (LAST) ~ /. (FIRST) IO~7 /fn-H:<<7JR./ ?;e. . '(STREET)' / t/t/- (MIDDLE) ./j/4/&I1I~ ?e~. (CITY) TelePhonecat'!/?7 /-~-6 \'?(A/C) ~ (NUMBER) 5dl7S/ ~/d~/e.- (ZIP CODE) (COUNTY) Address: PART B Agency is a unit of [check o~e]: ( ) State of FI~rida; l)1 CQunty, City or other Political Subdivision Name of Agency: (fit c;r,c a0d~ Sj;r/II/'j5 Position held in Agency: ~IIICII4J/J~ ,J;~r j . PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes S 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 an'll principal by whom you are retained, please disclose the nature of your interest below. 1. o",,;pt;oo of th, m"'" upoo wh;~ you ,o"d;o you~ omc;,' c,p,~1t ,p~b"'J & h; ~~ h ~ ~- ~~I orC{///l!,t,. J-/ J ~({NCl6,;(Ai .0017/'/ {)4-n'IU5 IJr . ///#rfj1h";;S ~~I~f(J;efJ(mdu;J, (~;NI/e C;. ~/i-e()lf~tLl-f (J6U 1l~.:1f-dd.27-e;f-lf-6, 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: N~ @6N~~ ~tUw ~tu.frL(;J. ,(..0 d ~ ~1~t- ~t tvN.d.. .cyt()~ /}'hL" tl..1 /}1u.1 a~ Ch-. a ~~ , -----( ~ fI..~ uuf I _3. Person or principal to whom the special gain described above will inure: a. (xr 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 ~ U(~~ ~~EC~ /97? SIGNATURE OF PERSON DISCLOSING OTICE: UNDER PROVISIONS OF FLORIDA STATUTES S112.317 (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 "'V / """ ><:-'~.... . . ~A?\~\'/.p · /<b~~ ,'\. \ BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION I \. ~ - - H1 t-JO\.~~ D~'-'o~~--( - In re: Application of NORTH ORLANDO WATER AND SE~ffiR CORPORATION for authority to increase it's water and sew'er rates to customers in Seminole County, Florida. DOCKET NO. 770873-WS (MT) ORDER NO: 8527 ISSUED: 10-12-78 The following Commissioners participated in the disposition of this matter: WILLIAM T. MAYO ROBERT T. MANN EXTRAORDINARY PETITION FOR RECONSIDERATION BY THE COMMISSION: . On August 30, 1978, this Commission received a Motion for Post-Order Intervention filed on behalf of the City of Winter Springs. On September 6, 1978, the City of Winter Springs filed a Motion for Extraordinary Petition for Rehearing. The City requests that portion of Order No. 8401, which requires North Orlando Water and Sewer Corporation to cease collecting the franchise fee on sewer service, be stayed pending a reconsideration. On September 6, 1978, North Orlando Water and Sewer Corporation filed an Extraordinary Petition for Rehearing and a Motion to Stay. The 'Extraordinary Petition and Hotion 'tp S'tay a:;:oe directed at the provisions in Order No. 8401 which relate to the collection of the franchise fee under Ordinance No. 10 of the City o~ Winter Springs. From the Motions and Petitions now before us, we believe the City of Winter Springs, which was not a party (See Rule 25-2.28, Florida Administrative Code) to these proceedings, now seeks to present evidence on the legality of Ordinance No. 10 wh~ch imposes the franchis~ fee. We note that the Hearing Examiner, in his reco~~endation, stated: "Since there was presented no legal authority for the City's imposition of a utility tax and/or franchise tax on sewer servipe, the utility should cease collecting these taxes." -~ The City's Motion for Extraordinary Petition for Rehearing is, we believe, within the provisions of Rule 25-2.118, Florida Administrative Code, although more appropriately styled an "Extraordinary Petition for Reconsideration". Based on our review of the record, we believe it is appropriate to grant the --- City's Motion for Post-Order Intervention and the Extraordinary Petition for Reconsideration. Since the issue we are agreeing to reconsider involves the legality of Ordinance No. 10 of the City of Winter Springs, we believe the most appropriate way to reconsider is to allow the City thirty (30) days to file a legal brief on the issue. North Orlando Water and 3ewer Corporation is also granted thirty days to file a legal brief on the franchise fee. Pending resolution of this issue, we 'will stay the provisions of Order No. 8401 which would'otherwise require the utility to cease collecting the franchise fee. However, the utility is required to keep an accurate accourit of all monies collected for the franchise fee and place the funds in an escrow account. .. " .~ ..-....._......'1:_~.J--.. ,<;,.,.-..,-.,':,,0;., -~~~- ','.:';F"'~.:'.,!""".r.r'."."" ....~..,,~;""".., ':..;.",; } DOCKET NO. 770873-WS ORDER NO. 8527 SHEET NO. 2 NOW, THEREFORE, IN CONSIDERATION THEREOF, IT IS, ORDERED by the Florida Public Service Commission that each and every finding herein is approved in all respects. It is further ORDERED that the Motion for Post~Order Intervention filed . by the City of Winter Springs be and hereby is granted. It is further -- -.- ORDERED that the City of winter Springs' Motion for Extraordinary Petition for Rehearing (Reconsideration) be and hereby is granted,to enable the City to have thirty (30) days from the date of this order to file a legal brief on the issue of the legality of the franchise fee imposed by Ordinance No. 10. It is further ORDERED that North Orlando Water and Sewer Corporation have thirty (30) days from the date of this order to file a legal brief on the legality of the franchise fee imposed by Ordinance No. 10. It is further ORDERED that the portion of Order No. 8401 which would require the utility to cease collecting the franchise fee on sewer service charges be and hereby is stayed. It is further ORDERED that North Orlando Water and Sewer Corporation shall keep an accurate account of all monies collected for the franchise fee and deposit said funds in an escrow account. It is further ORDERED that after receipt of the legal briefs provided for herein the Commission shall take such further steps as it deems appropriate. By Order of Chairman PAULA F. HAWKINS, Commissioner WILLIAM T. MAYO, and Commissioner ROBERT T; MANN, as and constituting the Florida Public Service Commission, this 12th day of October, 1978. I . ~~tf A~ William B. DeMilly COMMISSION CLERK (SEAL) WHH ".", i' ....'- !"'- . , , , " L~.. t,.j' - , t .J OCT i b l:JitJ e - IONES & BISHOP, P./\. , 7'"-.r,~,""-'1",r~......,..."~ . FORM 4 MEMORANDUM OF VOTING CONFLICT . . iO/Z).tj7g .TE ON WHICH VOTE OCCURRED: ... , " afd6r /7- ,19Ll .PART A Name: l)ff'v /6" s Jd.,4,,; (LAST) -k /. (FIRST) /tJ;).7 ~~7J2./ U. '(STREET)' / N- ~ (MIDDLE) ,~ 'LIII~ 7!&', (CITY) TelePhone~d!7?7 .I-~-6 ~(A/C). (NUMBER) $0l7SI ~/W;'/G (ZIP CODE) (COUNTY) Address: PART B Ag.ncy ;" unit of [eh.ck on.J , ( ) Sta" of Flo,;d" ~ Cgunty, City 0' oth" Political Subdl,;slon Name of Agency: (fit f7~ ~d~ y;r/u75 ~NCI&;;f1 JJ~f -j . , 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 an\! principal by whom you are retained, please disclose the nature of your interest below. 1. Dose,;ptlon of tho m""~ upon whl~h you ,o"d In YOu~ offici" e,p'~1t , ,U ~/7"'j & Ir; 1"~ 4> .- ~( of2- (}tI/#,t" J-/ J ~Cl6J;(N" . Ji7l1ll /J#n'16t:5 l4<:rrJ1I-1,J~S ~Jd?JtJ'N.-,.fc;jt-~, l' ~iNI/e fA, ~/KJ(j,f~tLl-f ~6U/ Ilk,,' 1f':"d-d:Z7-&f-lf-&~ 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: II/~ ;mhV~~ ,tUW ~~(d;;t/, ~ d- ~ ~~f- ~t-(;v~~~~J ~~ ~ ~a.~~ C4'l~~, _3 Person or principal to whom the special gain described above will inure: a. (,X( 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 U(~~ u?~EC!t /97? SIGNATURE OF PERSON DISCLOSING "'OTICE: 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