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HomeMy WebLinkAbout1979 07 24 City Council Regular Minutes -' 78-79-41 . REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS JULY 24, 1979 The Regular Session of the City Council of the City of Winter Springs, Florida, was called to order by Deputy Mayor Wilfred Arnold. The invocation was given by Councilman Laurent Pellerin. The pledge of allegiance to the flag was led by Deputy Mayor Wilfred Arnold. Roll Call: Mayor Troy Piland, absent Deputy Mayor Wilfred Arnold, present City Manager Richard Rozansky, present City Attorney Wally Stalnaker, present Councilmen: William Jacobs, present John Bennett, present Laurent Pellerin, present John Torcaso, present Public Input: Sam Musgrove, 220 Panama, asked about the paving of South Edgemon Avenue. Resident at 1010 Antelope Trail complained about the lake cleanup in Unit IV Tuscawilla. Helen Mauser, Antelope Trail, asked if the chemicals had been put in the lake. Resolution of Appreciation: Deputy Mayor Arnold read Resolution No. 244 in appreciation to John Daniels. Mr. Daniels was present to accept the Resolution. . Approval of Minutes of June 26 and July 10, 1979: Motion was made by Councilman Pellerin to approve the minutes of June 26, 1979 as corrected. Seconded by Councilman Bennett. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Motion was made by Councilman Pellerin to approve the minutes of July 10, 1979. Seconded by Councilman Bennett. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Public Hearing for Resolution No. 264, vacation of certain rights-of-way in Indian Ridge: Deputy Mayor Arnold recessed the Regular Session and open(~d the public hearing. Attorney Stalnaker read the resolution in its entirety. Mr. Peter Reizman and Mr. John Daniels 'spoke in discussion. Attorney Massey spoke for the vacation. Deputy Mayor Arnold closed the public hearing and reconvened the regular session. Motion was made by Councilman Bennett to approve Resolution No. 264. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. . Public Hearing - Federal Revenue Sharing: Deputy Mayor Arnold recessed the Council meeting and opened the public hearing for the purposes of hearing public comment on the Federal Revenue Sharing Budget for the 1979-80 fiscal year. Deputy Mayor Arnold read the complete budget, total amount $68,813.00. No one spoke against the proposed budget. Deputy Mayor Arnold closed the public hearing and reconvened the regular session. . Reg. Session, July 24, 1979, City Council Page 2 78 -7 9 -41 . Public Hearing - Rezoning Foxmoor East, Ordinance No. 197: Deputy Mayor Arnold recessed the Regular Session and opened the public hearing for Ordinance No. 197, rezoning the hereinafter described lands, subject property abuts the southeast side of Edgemon Avenue from Bahama Road south to Sunset Drive, from RC-l to Rl-A. Motion was made by Councilman Pellerin to read Ordinance No. 197 by title only. Seconded by Councilman Jacobs. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Attorney Stalnaker read Ordinance No. 197 by title only. Mr. Dale Crosby of Florida Land Company was present. Mr. Joe Anglin of Canin/Miller Associates gave a brief presentation of the Foxmoor East project. Mr. Russell DeFazio, Mrs. Jane Gould, Mrs. Irene Van Eepoel, Mr. John McCauley, Mr. Peter Clark, Mr. and Mrs. Jackson, Mrs. Sandra Turner, Mr. Robert Steinhoff, Mr. John McCury, Mr. A. Villolobos, Mrs. Gail Hicks, Mrs. Becky McDowell, Mr. George Turner, Mr. Sam Woods, Mr. Carl Stephens, Mr. Peter Reizman, Mr. Albert Musgrove, Mrs. Tina Klein, Mr. and Mrs. Joe Bush, Mrs. Cheryl DeFazio, Mr. John Daniels, Mr. Richard DeFazio, Mr. John Schreader, Mr. Walt Parkhurst, Mr. John VanEepoel, and Mrs. Mary Ivilliamson all spoke against the rezoning. Mr. Parkhurst presented a petition of 120 signatures against the rezoning. Mr. Steinacher and Mr. R. VanSlyke spoke for the rezoning. . After discussion, Deputy Mayor Arnold closed the public hearing and reconvened the regular session. Motion ~~as made by Councilman Bennett that Ordinance No. 197 be placed on the agenda. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Motion was made by Councilman Bennett that Ordinance No. 197 be denied and that the zoning of the property in question remains in the classification of R-Cl. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Deputy Mayor Arnold asked Council permission to discuss the budget as the next item due to the lateness of the hour - for the benefit of the audience. Deputy Mayor Arnold said we had an estimated budget with present millage of 2.14 with anticipation to increase it 5%. On that basis we were anticipating 193,000 revenue. We found out yesterday that our millage for 1979-80 is 2.05, which is due to the workings of the formula. So instead of $193,000 ad valorem we are reduced to some $160,000 and we can only increase it 3% to 2.11 mills. If we take our maximum millage permitted by the legislature which is 2.11 mills, we could get $172,900 in ad valorem, which is about $20,100 less than we had projected. We can take the $20,000 from some other fund or we can increase our public service tax 1%, which would be about $29,000. The budget as being presented to Council tonight minus the $20,100 reduction due to the millage change totals $1,030,476 which includes a 3% raise in public service tax . .. '7 Reg. Session, July 24, 1979, City Council Page 3 78-79-41 . from 4 to 7% which produces $87,150.00 revenue. Now if the proposed budget with a decrease in ad valorem but the increase to 7% of public service tax is accepted, then we still have to reduce th" General Government Capital improvements line from $85,000 to $64,900.00. If we do not accept the proposed public service tax increase at all, the capital improvements line will have to be 0, our year end surplus will have to be 0, the Mayor's contingency will have to be 0 and some other item will have to be reduced some 6,000.00. Deputy Mayor Arnold explained that if we do not increase our revenues this year, then for the 1980-81 FY we would have to raise some $100,000-$200,000 to continue our current level of services. If we postpone action this year, we can pay our bills - so it is up to everyone to make their decisions which way they want to go. The budget is to go back to the Department Heads to see if they can reduce their individual budgets, Deputy Mayor Arnold is to see if the General Government budget can be reduced and for resubmission to Deputy Mayor Arnold by Monday, July 30, 1979. City Manager - Richard Rozansky: The letter from Country Club Village reference cablevision franchise was tabled until the next meeting. . Acknowledgement-South Seminole and North Orange County Wastewater TRansmission Authority: Motion was made by Councilman Bennett that the City of Winter Springs acknowledges the Authority as an active participant on the Technical Advisory Committee of the design of the wastewater transmission system serving the above named entity. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Disposal of old equipment: Motion was made by Councilman Bennett to go out for bids for the following old equipment: 1-1942 Dodge Fire Truck; 1-1976 Plymouth 4 Door; 1-1977 Dodge Monaco 4-door; I-Dicta- phone, 8 channel, tape 24 hour recorder. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Maintenance/Janitor position will be discussed at the next Council Meeting. Resident engineering fees-North/South Edgemon Ave.: Motion was made by Councilman Pellerin to authorize payment of $3200.00 for resident engineering fees for North and South Edgemon Avenue to Clark, Dietz & Associates which includes $1,100.00 for soil testing services by Ardaman and Associates, Inc., and $2,100.00 in resident engineering services by Clark Dietz & Associates. Seconded by Councilman Bennett. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. . Resolution No. 263 setting date of Equalization Board Hearing for North/South Edgemon: Attorney Stalnaker read Resolution No. 263 in its entirety. , . Reg. Session, July 24, 1979, City Council Page 4 78-79-41 . Motion was made by Councilman Pellerin, to approve Resolution No. 263. Seconded by Councilman Jacobs. Discussion. Vote on themotion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Council Seat I - William Jacobs: Motion was made by Councilman Jacobs to place on the agenda appointment of a member to the Site Plan Review Board. Seconded by Councilman Torcaso. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Motion was made by Councilman Jacobs to recommend the appointment of Mr. George Shriver who is Vice Chairman of the Planning & Zoning Board to the Site Plan Review Board. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Planning & Zoning Board Recommendations of July 18, 1979: Request of W. Spears to annex property on northeast corner of US 17-92 & Shepard Road: Attorney Carroll was present to represent Mr. Spears. Motion was made by Councilman Pellerin that the Attorney be directed to prepare the necessary paperwork in order to set up a public hearing to proceed with this annexation. Seconded by Councilman Jacobs. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, ~ aye; motion carried. Request of Florida Land Company to annex property on south side of SR 419: Mr. Dale Crosby of Florida Land Company ,,"as present representing Florida Land Company. Motion was made by Councilman Pellerin that the attorney prepare the necessary paper- work to proceed with this annexation with a zoning of RU as recommended by the P&Z Board. Seconded by Councilman Jacobs. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Highlands Sec. 3 Final Plat and Engineerin3: Motion was made by Councilman Jacobs that we accept final engineering for Highlands Sec. 3 in compliance with the P&Z Board recommendations, to include a buffer of a green belt as shown on the plat and a cypress fence. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Rezoning of Binford Property on Moss Road from C-2 to PUD: Motion was made by Councilman Jacobs that the Moss Road Binford property be rezoned C-l, and reject the recommendation of the P&Z Board. Seconded by Councilman Bennett. Discussion. Under discussion Councilman Pellerin said he would file a Conflict of Interest Form. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, no; Councilman Torcaso, aye; motion carried. ~ Reg. Session, July 24, 1979, City Council Page 5 78-79-41 . Motion was made by Councilman Jacobs to reconsider the motion to rezone the Binford Property to C-l. Seconded by Councilman Bennett. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Motion was made by Councilman Jacobs to disapprove the motion to rezone the Binford Property to C-l, and that the property remain at its present zoning of C-2, and reject the recommendation of the P&Z Board. Seconded by Councilman Bennett. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, no; Councilman Torcaso, aye; motion carried. Discussion of Chapters 8, 14 and 44 \~ill be on the next agenda. Vacating of Clark Road, etc. - Tom Binford: Motion was made by Councilman Pellerin that the vacating of Clark Road be approved and the proper paperwork be processed by the Attorney. Seconded by Councilman Bennett. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Council, Seat III - John Bennett: No report. . Council Seat IV - Laurent Pellerin: There was discussion of the lake in Tuscawilla Unit IV. Motion was made by Councilman Pellerin that the City Manager be directed by the Council to inform Mr. Barr that the alterations to the City's drainage system be completed in the manner as specified by Clark, Dietz & Associates' letter of July 20, 1979, at the Developer's expense. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Council Seat V - John Torcaso: Councilman Torcaso asked if anyone was investigating the drainage problem un Northern Hay in Unit 7, Tuscawilla. MayorUs Office: There will be a bid opening on Thursday, August 2, 1979 for Fire Department equipment. Mr. Gary Hunt, Marlin Road, discussed the problem with his driveways. The City Manager and the City engineer reviewed the problem, and they determined there was only one driveway. The City Council concurred with their decision. The City Manager is to notify the Contractor that Mr. Hunt's mailbox was damaged. Meeting was adjourned. Respectfully submitted, . Approved: /-------' G. (t/ .' 17)" ," . ~i' / ~ L\ G-3> c-\(. _-<lEP\lTy HILFRED ARNOLD ',,_~') 7r;~T~ Mary T. Norton, City Clerk MAYOR -; 'I-Ii J /~ I J , .. .' . . ;) .. , DATE ON WHICH VOTE OCCURRED: ~, FORM 4 MEMORANDUM OF VOTING CONFLICT 24 JUL 1979 , - .ART A Name: Address: PELLERIN (LAST) 11 6 Mo~~ Road (STREET) Laurent (FIRST) Alfred (MIDDLE) Telephone: 327-1300 (A/C) (NUMBER) 32707 Seminole (ZIP CODE) (COUNTY) Winter Springs, FL (CITY) PART B Agency is a unit of [check one] : ) State of Florida; (XX County, City or other Political Subdivision Name of Agency: City of Winter Springs, FL Position held in Agency: Councilman 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 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: Voted on 3 motions involving the propprry owned hy Mr. Rinford which i~ located accross the street from my home (zoning issue) -- 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: Home is located accross the street from where zoning issue is concerned. I was opposed to the zoning change from C-2 to C-l and from C-2 to remain as C-2. I voted to support the change from C-2 to PUD which failed. . Person or principal to whom the special gain described above will inure: a. (XX) Yourself b. ( ) Principal by whom you are retained: (NAME) PART D FILING INSTRUCTIONS .is 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. Flori .I~I t require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must ~ uirements described above. PART E .H" '26'979, ~N~'Rll.f.t.~ on 01 VIlifiER SPRINGS oW HAll NOTICE: 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. 26 JULY 1979 DATE SIGNED CE FORM 4- EFF. 1/1/77