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HomeMy WebLinkAbout1978 10 31 City Council Regular Minutes ~ e 78-79-5 . REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS OCTOBER 31, 1978 e . . 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 Attorney Tom Lang. 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: Maurice Brown, 117 N. Alderwood Street, reported he has been having a problem with the election signs he is putting up. They keep getting torn down. Mary Williamson asked about the status of the lighting plan for the Ranchlands. Sam Musgrove asked about the paving of South Edgemon Avenue. Evelyn Powell, Hacienda Village, asked to have lights turned on SR 434. John Bennett, Wedgewood, asked about the Supreme Court decision with regards to municipal taxes, if the CALNO Tax Committee had discovered any areas that might affect citizens of Winter Springs. Approval of Minutes of October 24, 1978: Motion was made by Councilman Daniels to approve the minutes of October 24, 1978. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. ~ Public Hearing for Proposed Ordinance No. l79:(Ordinance No. l79-Contraction of Municipal Boundaries). Mayor Piland recessed the Council Meeting and opened the public hearing for Ordinance No. 179. Attorney Lang read the notice of public hearing. Mr. John McDonough representing Winter Springs Development Corporation, Mr. Bob Williams,Elk Court, Mrs. Mary Daniels, Antelope Trail, Mr. Sam Etze, Gator Lane, Mr. John Bennett, Wedgewood Golf Villas, Mrs. Mary Williamson, Tradewinds Road, Mr. Stewart Cohen, Gretna Court, Mr. Sam Musgrove, Panama Road and Mary Ann Munson, Deer Run, all spoke in discussion. Attorney Lang said that his law firm has in the past represented Winter Springs Development Corporation. If anyone is concerned he said he would step aside. No one had any problems. Mayor Piland closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Daniels that we amend Sec. III, Ordinance No. 179 to read as follows: Section III: That the municipal corporate boundaries of the City of Winter Springs, Florida, be and the same are hereby redefined so as to exclude the land area herein described from and as a part of the municipal corporate boundaries. Seconded by Councilman Craven. Discussion. Vote on the motion: Council- man Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that Sec. VI,.Ordinance No. 179, be amended to read as follows: Section VI: This Ordinance shall take effect on February 1, 1979, if the Council has at that time received certification that a majority of the qualified voters voted I'for deannexatio~' and if the Council has passed and adopted this ordinance after second reading. The effective date of this ordinance ~ . e e Reg. Session, City Council, Oct. 31, 1978 Page 2 78-79-5 may be delayed for a reasonable period of time if the Council cannot reach agreement with Seminole County in accordance with the terms of Section VIII of this Ordinance or if the Council has a valid and substantiated reason to believe that to effectuate such ordinance would expose the City to substantial damages as the result of any pending litigation. 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 Sec. VIII, Ordinance No. 179, be added to read as follows: Section VIII: Any property owned by the City of Winter Springs but located in the area to be contracted on the date of contraction shall be conveyed to Seminole County for the benefit of the residents of the area to be contracted. The City shall arrange with the County for the reimbursement of the depreciated value of any capital investment made by the City in the property conveyed and for the County to assume responsibility for any property conveyed. The City shall also arrange with the County for the assumption of the burden of any debt associated with improvements made to the area contracted which have not been paid for at the time of contraction. The City shall also arrange for the assessment of the property owners of the area contracted for any costs incurred in defending such contraction or for any damages incurred by or assessed to the City as the result of such contraction or associated litigation. Any debts not specifically addressed in this ordinance shall be apportioned in accordance with the value of the benefit received by the contracted area relative to the total amount of the debt. ~ Before the area herein described shall be deannexed and the City's boundaries con- tracted, the City Council shall reach agreement with the County Commission for Seminole County and such agreement shall at least determine the indebtedness and property to be assumed by the County from the City, the fair market value of sobh property or indebtedness and the manner of transferring and financing such property or indebtedness as well as the manner for transferring the responsibility for providing services to the area to be contracted. Seconded by Councilman Craven. Discussion.Vote on the motion:Councilman Craven, aye; Councilman Daniels,aye; Councilman Pellerin,aye; Councilman Sabatini,aye;motion carried. Councilman Daniels said he would file a conflict of interest form. Attorney Lang read Resolution No. 237, certain matters to be resolved in order to proceed with contraction process, etc. Motion was made by Councilman Daniels that Resolution No. 237 be adopted. Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven,aye;Councilman Daniels,aye;Councilman Pellerin,aye;Councilman Sabatini,no;motion carried. Hearing for Councilman Sabatini: Motion was made by Councilman Daniels that this issue be dropped. Seconded by Councilman Pellerin for 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 to place on the agenda status and resignation of dispatchers and discussion of appointment. Seconded by Councilman Pellerin. Discussion.Vote on the motion: Councilman Craven,aye;Councilman Daniels,aye; . . . . r e e Reg. Session, City Council, Oct. 31, 1978 78-79-5 Page 3 Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Craven that we ilrnnediately authorize necessary action to advertise for replacement of these two positions. 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 III - John Daniels: Mayor Piland recessed the Regular Session and opened the Public Hearing for the purpose of hearing input on Ordinance No. l80,expanding powers and duties of the Board of Adjustment, etc. Attorney Lang read the notice of public hearing. Mrs. Carrie Weaver, Chairman of the Board of Adjustment, spoke for the ordinance. Mayor Piland closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Daniels to approve Ordinance No. 180 on second reading to be effective the day after it has been posted for 30 days. (November 12, 1978, eff. date) Seconded by Councilman Craven. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Consideration of Seat II Vacancy: There was discussion of Council filling the vacancy by appointment. As there is only one week until the Election, it would not be practical to fill this vacancy by election as there would have to be a qualifying time, ballots printed and other necessary duties. Motion was made by Councilman Pellerin to appoint Mr. John Van Eepoel to fill the seat of Mr. Burt Logan, his remaining term to expire December 5, 1979. Seconded by Councilman Daniels. Discussion. After much discussion, Mr. Van Eepoel withdrew his name. Motion and second were withdrawn. Motion was made by Councilman Daniels that we announce publicly here in all of the media that Seat II is open; that the Council will make an appointment and that people that are interested to be considered provide resumes to the City Clerk to be duplicated and given to each Councilman, and'such seat be filled at the next regularly scheduled Council Meeting. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Craven, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. The next Regular Council Meeting is to be November 14, 1978. Council Seat III - John Daniels: Motion was made by Councilman Daniels that we place the subject of temporary hire of dispatcher 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. e e Reg. Session, City Council, Oct. 31, 1978 Page 4 78-79-5 . Motion was made by Councilman Daniels that the police chief is authorized to hire _ part time day to day dispatchers until such time as the positions can be properly filled permanently; current entry level computed daily. 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 IV - Laurent Pellerin: Motion was made by Councilman Pellerin to hire Keith Lewis Guglielmello providing that all the proper documentation is presented and that he be hired upon completion of his certification. 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 V - John Sabatini: Attorney Lang read the first reading of Ordinance No. 181 (Renewal of Garbage contract with H. & W. Refuse Service) in its entirety. Motion was made by Councilman Sabatini to approve Ordinance No. 181 on the first reading. 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: Mayor Piland asked Council to review the addendum to the inter-local agreement and the fee compenent to the iron bridge treatment plant. . Councilman Daniels asked that the telephone be removed from the trailer and the power cut off concurrent with the move of the Police Department in to their new quarters; he asked that the fourth telephone line be rmmoved; and he also asked that a study be made of our entire telephone service. Councilman Daniels said in reference to the E.D.A. letter there are several actions to be taken at the next Council meeting: changing the contract with Clark, Dietz & Associates; he said he would like to see the prime contractor put on notice that the joint check to he and Don Burns be returned or that he come forward with the necessary documentation; and to see us come forward with the necessary documents to provide back to EDA for approval of the $550.10. Meeting was adjourned. Respectfully submitted, ~~~ Mary T. Norton, City Clerk Approved: ,MAYOR . ---"..~,~" ,,!,,.~ FO.4 .. MEMORANDUM OF VOTING CONFLICT . *. . . . .TE ON WHICH VOTE OCCURRED: a:fo~r ~I ,19ZB e PART A Name: J)/frltet-s :JoHN (LAST) (FIRST) !Oa7 ~M;r)G 7R.a;( (STREET) ~ ()/, TelePhone:~c;1J} t 7/- ZOt1' 6 tf,./C) (NUMBER) / d;l1S"'/ .if /1n I ttI () / <- (ZIP CODE) (COUNTY) Address: /f1li-f l (d rI 0( (CITY) (MIDDLE) PART B Name of Agency: ) State of Florida; ve) County, City or other Political Subdivision cf,Zu of' ()/;'N!6-r SfN;~ I ;:/~~,/o. Nci(/h1arJ I J<~I- 3 Agency is a unit of [check one] : 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. D..,dptlon of the ~.tte, upon whleh you ,oted In you, oll;d.1 ",padly' ~/~ 6 -to ~ ~ C(. 179 J /J(~I/(/e. --6 (!flrJtLa~IrM tJ( Tuseaw/JI,q a~ ~ !JoaNr1df';e~. 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: , I ( /\Iii,,) {a /,j t!o/I/.e (/II / Ika~ , (:;~ {, I .3. Person or principal to whom the special gain described above will inure: 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 f SIGNATURE OF PERSON DISCLOSING ~I ~. (rj'7o DATIfSIGNED N TICE: 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