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HomeMy WebLinkAbout1978 10 24 City Council Regular Minutes . . . 78-79-4 ,. e ~ c . REGULAR SESSION CITY COUCIL CITY OF WINTER SPRINGS OCTOBER 24, 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 John Sabatini. The pledge of allegiance to the flag was led by Councilman Craven. 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 Pub lic Input: Mrs. Mary Williamson inquired about the light pole situation in the Ranchlands. She also said that Tradewinds Road is in very poor condition. Mr. Martin Piltz, representing Paymaster Corporation, spoke about the service warranty, bond and new machine that Paymaster Corporation provides. Mr. Roy LaBossiere, Fire Chief for the City of Casselberry, awarded certificates of merit for appreciation to Roger Roy, Tim Lal1athin and David Nesbaum for their assistance in the search for the missing boy. Approval of minutes of October 17, 1978: Motion was made by Councilman Daniels to approve the minutes of Oct. 17, 1978 with a correction on the last page- motion regarding attorney to prepare brief to the PSC. 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 I - Tom Craven: Motion was made by Councilman Craven that Paulette McFarland be moved into the records department at her present pay grade, Step 3, immediately. Seconded by Councilman Daniels for discussion. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Craven that Dorothy J. Hughley and Janet Fillbach be hired as dispatchers, Step 3 Entry Level. Ms. Hughley to be hired effective October 26, 1978 and Ms. Fi1lbach effective Nov. 2, 1978. Seconded by Councilman Daniels for discussion. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Craven that George ~wing1e be hired as a full-time patrolman, Step I Entry Level, effective October 27, 1978. 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 Craven to place on the agenda subject of Purchase Order No. 16235. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. e e Reg. Session, City Council, Oct. 24, 1978 Page 2 78-79-4 . Motion was made by Councilman Craven to approve P. o. 16235 to move the existing police and fire radio equipment and dispatchers office to new location; Syntonic to provide all necessary cables, connections, etc. Total price of $600.00 to be paid from L. C. 49.6. 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 II - Assistant,John Daniels: Mayor Piland read Resolution No. 235, appreciation to Burt Logan. Motion was made by Councilman Daniels that Resolution No. 235 be approved. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Attorney Lang read the second reading of Ordinance No. 178 by title only. Motion was made by Councilman Daniels that Ordinance No. 178 be approved on second reading by title only as corrected, effective October 29, 1978. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. (On the ninth line from the top of the second page,the word "south- westerly" is incorrectly spelled). City Engineer Bill Holmes reported he had a report from Ardaman Associates on Winter Springs Unit 4 street problem. The Public Works Department was directed to remOve the No Thru Truck Signs and to inspect the streets frequently to see that they are not potholing abnormally. . Councilman Daniels suggested a meeting should be held by the City Engineer and the Developer and then a meeting should be held by the Council, Developer and Engineer to come to a decision to methodology, costs and allocation of costs. Mayor Piland said we would notify the Developer that we would like to meet with him next Tuesday evening. Mr. Foglia, Wildwood Subdivision, requested a final inspection on a completed house. Motion was made by Councilman Sabatini that final inspection on lot 10, Wildwood Subdivision, 707 Sunbury Drive be approved within thirty working days of today's date. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. There was discussion of filling the vacant seat that was held by Burt Logan. This will be on the agenda next week for discussion. Council Seat III - John Daniels: Councilman Daniels said we could handle the renewal bond for the Checkwriting machine by a regular purchase order. Mayor Piland read Resolution No. 236, mileage increase to $.15 per mile. Motion was made by Councilman Daniels to adopt Resolution No. 236. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; . e - Reg. Session, City Council, Oct. 26, 1978 78-79-4 Page 3 . Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that the subject of canvassing board 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 Councilman Craven be placed on the canvassing board for the November election vice Councilman Logan. 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 Council find that the legal fees incurred by Councilman Laurent Pellerin and Councilman John Daniels during the recall exercise were necessary expenses incurred as Councilmen beyond that covered in the normal $50.00 monthly expense reimbursement and that the Clerk and Mayor are directed to reimburse Councilman Pellerin in the amount of $50.00 for legal fees incurred and to reimburse Councilman Daniels in the amount of $150.00 for legal fees incurred to be paid from Account 001-10-511-69-1 - copies of invoices for such legal services to be provided for official records. Seconded by Councilman Sabatini for discussion. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye-he said he would file a conflict of interest form; Councilman Pellerin, aye-he said he would file a conflict of interest form; Councilman Sabatini, no; motion carried. . Councilman Daniels reported he received the memo from the Clerk that the petitions for Recall did not contain sufficient number of signatures. Motion was made by Councilman Daniels that the subject matter of the E.D.A. grant 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. Councilman Daniels read the following statement with respect to the letter from E. D. A. dated October 19, 1978: "the recall petitions against me contained two charges regarding the grant. First that I "misrepresented statements made to me by Federal agencies in regard to co-signing a check on a Federal Grant to pay for the Mayor's work as a project coordinator" - 2. by "implying the Mayor had been guilty of wrongdoing~ I believe the letter bears out that the reimbursement to the City for the Mayor's project coordinators function is non-allowable under the grant and that I was right in not signing a grant check for this expense; further I haven't implied that the Mayor was guilty of wrongdoing as stated in the petition. However, as a result of this letter and the dis-al10wance of grant monies for payment to the Mayor I am doing so at this time. The Mayor had no right to serve as a full time Mayor for the period from February 3 to September 30, 1977. It was not at that time and is not today authorized in our City documents. I also charge that the three Councilmen voting yes to place him on a full time status - Ash, Hendrix and Sabatini - were also wrong in placing the Mayor on a full time status . . . . e e Reg. Session, City Council, Oct. 24, 1978 Page 4 78-79-4 and in designating hUn as a project coordinator with the Unplication that his salary would be reUnbursable either wholly or in part from the Federal Grant even though the then City Attorney, Gary Massey, advised that it was all legal and that grant funds could be used to pay for this expense. Further there was not at that time any city monies budgeted as salary for a full time Mayor; in my opinion with the dis-allowance by E.D.A. of this reUnbursement of some $4,205.00 the citizens of Winter Springs have been ripped off for some $8,930.75 of their tax money. I do hope that the Mayor can straighten out the paperwork that should have been handled by the project coordinator so that the City will not have to reUnburse the Federal grant the remaining $11,566.77." Mayor Piland said 'the Council took the action; I accepted the responsibility - I think it was within their power; in reference to non-allowed expenses - during that period of time I gave the City full benefit of my services as Mayor and Administrator; I earned what I was paid - I think that the items that are listed in the E.D.A. Grant if we lay them out - No.1, the contract that was submitted to E.D.A. in the beginning prior to the granting of the project from the engineer was approved by this full Council. E.D.A. did not catch the mistake at that time; I don't know why I would be expected to catch the mistake any better than you did or E.D.A. I think in relation- ship to the other items in here, Construction and Unprovement costs in reference to Don Burns Landscaping that item was something that was submitted to us without knowledge of him actually being a sub-contractor - it was an after the fact situation and I believe its very clear in the letter that all of these items with the exception of Item A can be resolved. I am sure that you are aware that these things occur on a regular basis. I respectfully submit all these items with the exception of one are correctable. Under Item 1 paragraph A, Project Coordinator's fees - if we go back and review the information that we had received from Mr. Steve Zeman that the information that we had received verbally from many sources and also a letter we had received from E.D.A. that did not explicitly say that it was refundable it did in a circular method keep referring us back to the documentation we had - but we in good faith moved to seek the reUnbursement of the project coordinator's fees back to the general fund of the City. I don't feel that I have done anything wrong as you have indicated. I have performed my duties and I think that during that period of time we had more order and more progress made in this City than we have had in the last twelve months and I think if you just take a look at it I'm sure that the citizens will review that come November 7 and they will make that decision." Council Seat IV - Laurent Pellerin: Tabled motion: 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. Motion was amended to declare if Councilman Sabatini desires this Council to hold a hearing he may request a hearing to be held on Oct. 24, 1978 at 7:30 p.m. by Councilman Pellerin; seconded by Councilman Daniels. Motion was made by Councilman Daniels to amend the motion to include if Councilman Sabatini desires to hold a hearing, that a hearing be held on October 31, 1978 prior to a vote on vacating of Seat. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; €ouncilman Sabatini, no; motion carried. . . . e - Reg. Session, City Council, Oct. 24, 1978 78-79-4 Page 5 Vote on main motion as amended: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. Council Seat V - John Sabatini: Mr. Bradshaw gave an estimate of $4,127.50 for labor and materials for sidewalks for North and South Edgemon Avenues. Motion was made by Councilman Sabatini to advertise for bids. Seconded by Councilman Craven. Discussion. Motion was made by Councilman Daniels to table and that we develop a set of specifications; submit them back to Council and when the specifications have been reviewed that we then consider the motion. Motion died due to lack of a second. Motion was made by Councilman Daniels that we amend the motion on the floor to include that we advertise as soon as Council has approved the specifications. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Vote on the main motion as amended: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Attorney Lang reported that Attorney Stanley will be back at a later meeting- with regard to the CCR's in the Wildwood Subdivision. Mayor's office: Peter Volpitta, 221 Tradewinds Road, said he has had some vandalism and some theft on his property and that he is in the process of building his home. He asked Council for permission for a temporary permit to park a motor home on his property as a security measure. Motion was made by Councilman Daniels that the subject matter be placed on the agenda. 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 Mr. Pete Volpitta be authorized a temporary trailer permit; subject trailer to be actually a motor home for a period not to exceed 45 days to be placed on his property at 221 Tradewinds Road subject to review by Council if there are any complaints. Seconded by Coun~ilman 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 Pellerin to place on the agenda the subject of amending Ordinance No. 179. 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 Pellerin that Council amend Ordinance No. 179 in accordance with recommendations of the City Attorney; that recommendation being that the first two whereas clauses be deleted. The only whereas clause that would remain ~ e - Reg. Session, City Council, Oct. 24, 1978 Page 6 78-79-4 . would be the whereas clause that the City Council has specifically found the area hereinafter described fails to meet the criteria of F.S.l7l.043. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Mr. Charles Mort asked questions on the Recall Petitions. Meeting was adjourned. Respectfully submitted, ~7~ Mary T. Norton, City Clerk Approved: ,MAYOR . . ~ ~~.. " u------~~~1I077r~-- .ATE ON WHICH VOTE OCCURRED: FO'IA4 MEMORANDUM OF VOTING CONFLICT ~o/ Cla' ,19" e PART A Name: [J15/IERJ':' (LAST) IIi JLiI~.J (STREET) L~IA.n.c_7 (FIRST) lJ ,,JJ(rt... /JIFrzed (MIDDLE) '~~/'8.1 FL Telephone: 3:1.7 -1300 (A/C) (NUMBER) S~/'t iAulI-&- (COUNTY) Address: (( J J .g~7(J7 (ZIP CODE) PART B Agency is a unit of [check one] : ) State of Florida; (X) County, City or other Political Subdivision Name of Agency: CJ7'y ,,;:. UlwTc~ S(f/VN 80S Position held in Agency: C!~v;.rcl'l /lU~;.J 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. II- R fi. f:j11L.b "/u n.r:.~all f,,~7i.!;J.I. D- PP'j J.trA.<' ,44 V J'e IF.. I of Lt! 6AL Fa.r 1. Description of the matter upon which you voted in your official capacity: e 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: e3. Person or principal to whom the special gain described above will inure: a. (X) Yourself b. ( ) Principal by whom you are retained: ~ a- fP~ (NAME) PART D FI LING 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 ~ C- e//~ SIGNATURE OF PERSON DISCLOSING ~~ Cia- )'7~ DATE SIGNED NOTICE: 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 $5.000. CE FORM 4- EFF. 1/1/77 . ~ .. ~ FO. 4 MEMORANDUM OF VOTING CONFLICT erE ON WHICH VOTE OCCURRED: CJc,,(- d "r , 197$ _PART A Name: :o~ (LAST) /~27 ~~ (STREET) V-~ (FIRST) ~.( U/.. (MIDDLE) 4J~/rb#~ , (CITY) TelePhone~.}-) G7~~CJ~ n(/C) (NUMBER) 3c9-7.)- / Jhn" d'tJ&_ (ZIP CODE) (COUNTY) Address: PART B Agency is a unit of [check one] : ( ) State of Florida; ~ County, City or other Political Subdivision ~/0 f7f!- ClAd~~ ~r-~ =llnt~ Position held in Agency: ~drn.4-I) M 3 Name of 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: I~~ t "d leJ(/{ ~ 5' /;';~~IU.u( At~,e a...( ~o:ImaJ P.d/~d ~kj kcdt tJd~ft~ ~~yr-- Ct'5. e' 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: e3. Person or principal to whom the special gain described above will inure: a. 0 Yourself b. ( ) Principal by whom you are retained: (NAME) PART D FILING INSTRUCTIONS a This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person Wresponsible 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 vr.~ d"~T'~ 19'7 P SIGNATURE OF PERSON DISCLOSING NOTICE: 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