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HomeMy WebLinkAbout1979 06 26 City Council Regular Minutes . Regular Session City Council City of Winter Springs, Fla. June 26, 1979 The regular session of the City Council was called to order by Mayor Piland. The invocation was given by Deputy Mayor Arnold and pledge to the flag lead by Councilman Torcaso. Roll Call: Mayor Troy Piland, present Deputy Mayor Wilfred Arnold, present Councilman William Jacobs, present Councilman John Bennett, present Councilman Laurent Pellerin, present Councilman John Torcaso, present City Attorney Wallace Stalnaker, present City Manager Richard Rozansky, present . Public Input Mr. George Sandagata, 210 Mockingbird Lane, asked when the mosquito program would be starting in the City. He also requested some no dumping signs to be placed from 210 Mockingbird Lane to the end of the road. Mr. Rozansky said that the fogging program had already begun, and that the Public Works Department went down to look into the dumpi'ng problem. Several residents of the lake in Unit IV of Tuscawilla were in attendance to speak in reference to the Winter Springs Development Corporation's lack of action in cleaning up their lake. Mr. Rozansky read a letter from Mr. Art Barr of the Winter Springs Development Corp. The City Attorney will contact the Developer and see what means the City might use to speed up the renovation of the lake. Mr. McCraw, 602 Silvercreek, spoke in reference to a ditch on his property that he said that the City dug. He wishes to have the ditch filled in. Councilman Pellerin suggested that maybe the contractor doing the paving and drainage in 2 and 2A of the Ranches might have some fill dirt that could be used to fill in the ditch. Mr. McCraw agreed to furnish a hold harmless clause so that the contractor or the City may go on his property to fill the ditch. Mr. Rozansky will get with the contractor for 2 and 2A, and the State Road 434 contractor in reference to obtaining some fill dirt. If none can be obtained the Council will be furnished with an estimate of the cost to the City. Mrs. Mary Williamson, Ranches, spoke about the poor condition of Fisher Road and Panama. Mr. Rozansky is looking into the problem, and the Public Works Department will see what they can do. Approval of the Minutes Councilman Pellerin moved for approval of both the minutes of June 12, and the 19th. Seconded by Councilman Arnold. Vote: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; the motion passed. Request of the First Baptist Church of Winter Springs The public hearing was convened for the request of the First Baptist Church of Winter Springs to build an activities building. Mrs. Mary Williamson, Ranches, spoke against the approval of the activities . building. . . . Page 2 Mr. Charles Byrge, 619 Pearl Road; Mr. Robert Clark, 640 Silvercreek; Mr. Jim Kraft, 212 Buttonwood; Mr. Vernon C. Thomas, 320 Bahama Road; Ms. Jo Parnell, 210 Albert St.; Mr. Claude Ash, Fisher Road; Ms. Nelda Clark, 640 Silvercreek; Mr. Arnold Garvurin, 21 Partridge; Mr. Glynn Shoaf, 601 Silvercreek; Mr. Ray Sheaton, 102 Murphy Road; Ms. Valery Lee, 220 N. Third St.; Ms. Lynn Eden, 650 Marlin Road; Mr. Jerry Fusco, 601 Marlin Road; all spoke in favor of the approval of the activities building. The Public Hearing on the First Baptist Church of Winter Springs activities building was closed. Councilman Bennett moved for approval of the request of the First Baptist Church of Winter Springs to obtain approval fmr an activities building. Seconded by Councilman Torcaso. Discussion. Vote: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; the motion passed. Councilman Jacobs Councilman Jacobs moved for the adoption of Ordinance No. 196. Seconded by Councilman Bennett. Discussion, Councilman Pellerin stated that he had a conflict of interest and would be filing a Conflict of Interest Form. Vote: Councilman Jacobs, aye; Councilman Arnold, No; Councilman Bennett, aye; Councilman Pellerin, No; Councilman Torcaso, No. The motion failed. Councilman Arnold moved that the piece of property described in Ordinance No. 196 be rezoned from C-2 to P.U.D. Seconded by Co~ncilman Torcaso. Discussion. Vote: Councilman Jacobs, No; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; the motion passed. The Council recommendation of rezoning the property to P.U.D. will go back to the P & Z board. Councilman Jacobs moved to place the subject of a temporary trailer approval on property at 419 on the agenda. Seconded by Councilman Bennett. Vote: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; touncilman Pellerin, aye; Councilman Torcaso, aye; the item is on the agenda. Mr. Rozansky said that section 44.75 of the code gives the Council the authority to grant permission to have a temporary trailer on the property. Motion made by Councilman Pellerin that conditional use be granted for a period of twelve months effective today (June 26, 1979). Seconded by Councilman Bennett. Vote: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; the motion. passed. Councilman Jacobs left the meeting. City Manager Discussion on certain easements in the Indian Ridge project. Attorney Gary Massey, who represents the project, stated that he had contacted Florida Land Company in regard to their views of the vacation of the easement in relation to the Moss Road project. Florida Land was not against the vacation of the easements in the Indian Ridge project. This topic will be set up for public hearing on July 24, 1979. Councilman Pellerin moved for approval of Resolution No. 261 (decision of the equalization board reference 2 and 2A Ranches). Seconded by Councilman Arnold. Vote: Councilman Jacobs, absent; Councilman Arnold, aye; Councilman Bennett, Councilman Pellerin, aye; Councilman Torcaso, aye; the motion passed. . . . Page 3 Discussion on the letter from Superior Construction Company dated June 20, 1979 in reference to fire hydrants. Motion made by Councilman Pellerin that the City approve the construction of the two homes that are being requested and not only that, but to also include the three specific lots, that construction be permitted on those lots without the instillation of the fire plugs. Discussion. Vote: Councilman Jacobs, absent; Councilman ArnoTd, aye; Councilman Bennett, Councilman Pellerin, aye; Councilman Torcaso, aye; the motion carried. Discussion on Resolution No. 262 (vacation of an easement in Wedgewood). Councilman Arnold moved for approval of Resolution No. 262. Seconded by Councilman Bennett. Discussion. Vote: Councilman Jacobs, absent; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; the resolution is adopted. Discussion of the City Planner's report on the Moss Village project. Motion made by Councilman Arnold that the draft letter be approved. Seconded by Councilman Pellerin, Vote: Councilman Jacobs, absent; Councilman Arnold, aye; Council~an Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye. Discussion on North Orlando Water and Sewer Corporation in reference to water shut offs. Discussion on the Sign Ordinance, Mr. Rozansky received a recommendation from Mr. Bradshaw, the Building Official. This will be set up for a workshop session. Councilman Pellerin moved to bring the moritorium on signs on the agenda. Seconded by Councilman Bennett. Vote: Councilman Jacobs, absent; Councilman Arnold, aye; Councilman Bennett aye; Councilman Pellerin, aye; Councilman Torcaso, 'aye; the item is on the agenda. Councilman Pellerin moved that the moritorium be extended for thirty days. Seconded by Councilman Bennett. Vote: Councilman Jacobs, absent; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Toraaso, aye; the moritorium is extended. Mr. Rozansky said that all Boards have been advised of the policy in reference to abstentions. Also the list requested ~f' all swimming pools in the City is currently being compiled. Councilman Arnold Discussion on the driveways in Ranches 2 and 2A. Motion made by Councilman Arnold that first all existing driveway turnouts within the right of way be replaced with soil cement asphalt paved driveway turnouts as bid by the contractor Daleon in his additive alternative bid lA dated March 16, 1979, the cost of said driveway turnout replacement being a true portion of the cost of construction as set forth in Resolution 248 as amended by Resolution No. 261 and being funded by the contingency funding portion of the estimated con- struction costs and second that any future building within the area requiring driveway turnouts within the right of way be permitted only if the builder/ developer construct at his cost said driveway turnouts within the right of way to the same or better specifications as are being used currently by Daleon. Seconded by Counti.lman Bennett. Discussion. Vote: Councilman Jacobs, absent; . . . Page 4 Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; the motion carried. Discussion on the 1979-1980 budget and salary scales. Councilman Arnold moved that the Council approve the actions of the Personnel Policy Committee in adopting the City Manager's proposed scale for Clerical Services and the Fire Department; City Manager1s proposed scale for Public Works starting at $6,952.70 for Lt-l EL and the separate scale for Dispatchers starting at $6,699.00 with a six months increase to $6,899.00 even. Seconded by Councilman Torcaso. Vote: Councilman Jacobs, absent; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; the motion passed. Discussion on the Police Department salary scale and overtime. Councilman Bennett moved for approval of the Police Officer~s scale that was initially submitted to the Ci.ty Manager under the P.D. catagory May 22, 1979. Seconded by Councilman Arnold for discussion. Discussion. Vote: Councilman Jacobs, absent; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, no. The motion carried. Discussion on the revenues and advalorem millage for the 1979-1980 budget. Councilman Bennett Officer Ken Starr of the Winter Springs Police Department received a bronze metal at the State Police Oylmpics that were held in Orlando. Councilman Torcaso The City Manager will go out for bids for communications equipment for the Fire Deparment. The monies are currently budgeted under 64.1 of the Fire Department Federal Revenue Sharing Budget. Mayor Bids for drainage and road improvements in Tuscawilla Unit II will be opened July 2, 1979. Respectfully sUbm~, ~O~ Jean A. Halstead Acting City Clerk Approved , Mayor Troy J. Piland ~,,"-~~~".~-"""--~-- b/2-r.,,!7'j FORM 4 MEMORANDUM OF VOTING CONFLICT .. DATE ON WHICH VOTE OCCURRED: 26 JUN ,19J.9 ~ Name: PELLERIN (LAST) 116 Moss (STREET) Laurent Alfr@d (FIRST) (MIDDLE) Road. Winter S~rin~s, FL 32707 (CITY) BY'. Telephone: 105-"t~7-1300 (A/C) (NUMBER) SEMI_OLE (ZIP CODE) (COUNTY) Address: PART B Agency is a unit of [check one] : ) State of Florida; (Ii County, City or other Political Subdivision Name of Agency: City of Winter Sp~illgS, FL Position held in Agency: Councilman 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 cap acity: Proppr+.y \noloTD as tl:!~ "Old lorth Orlando Water & Sewer Plant" located on Moss ROAa W1n+'Ar 8pri~g.t ~~ ~ 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: My hom~ is lo~~+'pd oppo~tt the property whigh va~ to be re zoned C 1. I vot~a RgRin!':!t. t.np rE'~on:l:ng d'le to the opposition by the people in the n~i gnho"Y'hooa T fpJt that it was Rot to the best interest of the home ovnCI5 in +.np A"Y'PS end was iR conflict with the citieo'o land U~C plan. ~ ~ an of WINTER SPRINGS an HAll .person or principal to whom the special gain described above will inure: a. (JQXVourself b. ( ) Principal by whom you are retained: (NAME) PART D etNG 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 ~AA;iIu~o~~ .J. 27 JUNDA~~SIGNED NOTICE: 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 J