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HomeMy WebLinkAbout1979 10 30 City Council Regular Minutes ~ 79-80 -5 . REGULAR SESSION CITY COUNCIL CITY OF InNTER SPRINGS OCTOBER 30, 1979 The Regular Session of the City Council of the City of Winter Springs, Florida, \vas called to order by Mayor Troy Piland. The invocation was given by Deputy Mayor I~ilfred Arnold. The pledge of allegiance to the flag waS led by Councilman William Jacobs. Roll Call: Mayor Troy Piland, present 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: Curtis Moore, Mockingbird Lane, asked if the City could maintain Shore Road as a passable road and asked about storm sewers. J.Gattuso, Mockingbird Lane, has a water problem and asked the City to hold firm on Sec. X until we know what the problems are in Sec. X. G. Hicks, 324 Bahama, opposed to the conditional use requested by I~inter Springs Baptist Church; Sam Musgrove, 220 Panama, said the street light that was installed on the corner of Panama and South Edgemon never worked; he also objected to the traffic control devices being installed on S. Edgemon and S. Moss Roads. R. Pilk,W3 Holiday, has a ,'later problem. L. Gattrell, 208 Mockingbird Lane, asked what is being done to help people get registered to vote; Mr. Jesa1osky, 74 S. Fairfax, asked if there were laws about parking heavy equipment. Jim Conger,-H&\oJ Refuse did not pick up on Friday or today (Oct.30) in Sheoah Condo- miniums. Motion was made by Councilman Torcaso to approve the minutes of October 16, 1979. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Public Hearing: Ordinance No. 204-Sign Ordinance: Mayor Piland recessed the Council Meeting and opened the public hearing on proposed Ordinance No. 204. Attorney Stalnaker read Ordinance No. 204 by title only. In discussion Councilman Bennett recommended that there be no outdoor advertising sign any closer to a residential area of 1000 feet. Mr. P. Wasilewski, 115 Holiday Lane, Mary Williamson, Tradewinds Road, Gary Hunt, Marlin Road, Charles Thompson, Howell Creek, C. Moore, Mockingbird Lane, Sam Etze, Gator Lane and Sam Musgrove, Panama Road, all spoke in discussion. (Mr. Thompson referred to F.S. Chap.125.1.02) Mayor Piland closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Torcaso to approve Ordinance No. 204. Seconded by Councilman Jacobs. Discussion. In discussion Councilman Bennett recommended the Attorney research Sec. 125.1.02 F.S. Motion and second were withdrawn. Motion was made by Councilman Jacobs that we adopt Ordinance No. 204. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, no; Councilman Pellerin, no; Councilman Torcaso, aye; motion carried. . . . . Reg. Session, City Council, Oct. 30, 1979 Page 2 79-80-5 Public Hearing for Ordinance No. 205, rezoning lots 1, 2, 3, 4, and 5, Block 18, North Orlando: Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of hearing comment on proposed Ordinance No. 205. Attorney Stalnaker read the first reading of Ordinance No. 205 in its entirety. Mr. Mike Hattaway representing the applicant was present. He said they are asking to construct quadrup1exes. }1r. Dan La11athin, 41 N. Devon Ave., Mildred MacIntosh, N. Devon Ave., Mrs. Virginia Robinson, N. Devon Ave., Mrs. R. Rumble, 61 N. Devon Ave., all spoke against the re- zoning. Mary Williamson spoke in discussion. Mayor Piland closed the public hearing and reconvened the Regular Session. The second reading of the ordinance will be November 13, 1979. Public Works Building: Manager Rozansky recommended ra1s1ng the door height from 10 feet to 12 feet and providing roll-up metal doors. Motion was made by Councilman Pellerin that the City }1anager be permitted to make the arrangements with the building contractor to make these modifications to the building not to exceed the sum of $4,000.00. Seconded by Councilman Torcaso for discussion. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Cablevision Request-Country Club Village: Mr. Chet Tomlin, developer of Country Club Village was present. He said it is a private group and their only incentive is to provide a service to those living in Country Club Village. He said the tower would be located in the same area as the high tension line on the Florida Power easement. Attorney Stalnaker is to review the ordinance from Mr. Tomlin and the existing franchise ordinance with Seminole Cablevision and come back with a report at the next meeting. Driveway - 869 Leopard Trail: Manager Rozansky asked Council to set the policy as there is no established policy for repairing driveways. Mot ion v]as made by Counci lman Arnold that 'iJe nuthorize the City Manager in this particular instance to repair the driveway to meet the proper standards at City expense but not be considered to set a precedent. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, no; Councilman Arnold, aye; Councilman Bennett, no; Councilman Pellerin, no; Councilman Torcaso, aye; motion f;:dled. Sec. IX North Orlando Ranches, Florida Land Company's reply to City Engineer's letter: No action was taken. Mr. Conklin is in the process of preparing a response to Mr. Steinacker's letter. Unit II Tuscawilla Improvements: City Manager Rozansky's recommendation was to wait until later in the year before vJe address this. 79-80-5 Reg. Session, City Council, Oct. 30, 1979 Page 3 . The pond on Marlin Road was discussed. The consensus of Council was to do nothing until the project is completed and see the final results of the project. Manager Rozansky reported on the construction in Sec. 2 & 2A regarding the quality of the work. The City Engineer will have a report back from Ardaman & Associates for the next meeting. Manager Rozansky said he has some reservations about Marlin, Bonita and Dolphin Roads and possibly some portions of Hayes Road in regards to the base material and the thickness of the pavement. Council Seat I - William Jacobs: Mr. Jack W. Hoyt, 22 Gumtree Court, Winter Springs, asked for a reduction in the zoning fees. There was discussion; no action taken. Request of Winter Springs Development Corporation for vacation of easement between Lots 93 and 94, Oak Forest,Unit I: Motion was made by Councilman Pellerin that we put it off until the next Council Meeting and discuss it at that time due to lateness of receipt of material. Motion to table. Motion died due to lack of a second. Motion was made by Councilman Jacobs that we accept the vacation of the easement, legal description as described on survey on Lot 93 Oak Forest Unit I. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, no; Councilman Torcaso, aye; motion carried. . Planning & Zoning Board Recommendations of October 17: Amendment of preliminary plan of the Highlands. Motion was made by Councilman Jacobs that we approve the amendment to the preliminary plan for the Highlands. Seconded by Councilman Arnold. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Replat of part of Block 10, Ranches Section 9: Mr. Ron Nutt, president of Hallmark Builders was present. Motion was made by Councilman Pellerin this matter be tabled until the problems in that section are resolved through our Engineer. Seconded by Councilman Bennett. Vote on the motion: Councilman Jacobs, no; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Request of Winter Springs Baptist Church for permission to erect a temporary building Plus Planning and Zoning Board Recommendation of October 24 concerning conditional use of house on Hayes Road as a school. Mr. John Shamblin asked for permission to erect either one or two portable buildings on the church property on the north side or rear of the church. He explained that when the buildings are ready the children would be out of the house and this should all be done by January 2, 1980. Mrs. Gail Hicks spoke against this request. . Motion was made by Councilman Jacobs to grant the Winter Springs Baptist Church a temporary building permit for 18 months provided that all students of the Winter 79-80-5 Reg. Session, City Council, Oct. 30, 1979 Page 4 . Springs Baptist Church be housed on current church property no later than 12 December 1979. Seconded by Councilman Arnold. Discussion. Mr. Musgrove, Panama Road; }1r. Gary Hunt, Marlin Road; Mrs. Louise Poole, Marlin Road; Sam Musgrove, Mr. Weiss, Winter Springs Boulevard; Mrs. ~1ary Williamson, Tradewinds Road all spoke in discussion. Councilman Arnold withdrew his second. Motion died due to lack of a second. Motion was made by Councilman Arnold Council grant permission to the church to place a leased building on the church property for a period not to exceed 18 months and that no extension to this period Iuay be requested or considered or granted. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Motion was made by Councilman Arnold that the Council approve the action of the Planning and Zoning Board in disapproving the request of the conditional use of the house as a school. Seconded by Councilman Pel1erin.Discussion. Mr. Ford, Bahama Road, Mr. Defazio, Jackson Circle; Mr. Musgrove, Panama Road; Gail Hicks, Bahama Road; Gary Hunt, Marlin Road; Joel Weiss, \vinter Springs Boulevard; Mary Williamson, Tradewinds Road and Reverend Clark all spoke in discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Council Seat II - Wilfred Arnold: Report on North Orlando Water & Sewer Corporation negotiations: Councilman Arnold summ3rized that Mr. James L. Clark of the North Orlando Water & Sewer Corp. would not negotiate with the City for the sale of the utility. . Attorney Stalnaker was asked to review the letter from Mr. Clark, dated October 30, 1979, and report back at the next Council Heeting on November 13, 1979. Appointment of Canvassing Board for November 6 City Election: Hotion was made by Councilman Arnold that Council approve the appointment of Councilman Bennett, Councilman Torcaso and City Clerk Mary Norton to the Canvassing Board for the November 6,1979 Election. Seconded by Councilman Jacobs. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. A Police officer will escort the Canvassing Board to the Seminole County Court House. Council Seat III - John Bennett: No Report. Council Seat IV - Laurent Pellerin: No Report Council Seat V - John Torcaso: No Report. Mayor's Office: Bid opening November 8 for three vehicles. Next Council Meeting November 13, 1979. Meeting was adjourned. . Respectfully submitted, ---- MAYOR '"'"' .~ "'j;, - ~ /)taut 7" t7~, Hary T. Norton, City Clerk FO.4 MEMORANDUM OF VOTING CONFLICT .' .. .TE ON WHICH VOTE OCCURRED: ,19_ _PART A Name: Address: PELLERIN, (LAST) 116 Moss Road (STREET) Laurent (FIRST) Winter Springs, FL (CITY) Alfred (MIDDLE) Telephone: 327-1300 32707 (ZIP CODE) (A/C) Seminole (COUNTY) (NUMBER) PART B Agency is a unit of [check one] : ( ) State of Florida; (~County, City or other Political Subdivision Name of Agency: Ci tv of Wi nter Sori ngs. FL Position held in Agency: Counci 1man 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: PoSS i b 1 e confl i et of interest e by bringing up on the agenda the matter of the property known as the "01d Water and Sewer P1ant" located on Moss Road. I voted 'to bring it up on the agenda for action the purpose being to re-zone the property from C-2 to pun and then amending my motion to R-1 zoning. ~-a~-a-pes48eAt-eA-Mess-Rea8-aA8-a~-affeete8-~y-tAe-6-~-leA4A~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: I am a home owner on Moss Road and am affected by the C-2 zoning. brought up on Tuesday Council Meeting, 23 JAN 79. (The matter was .. 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 ~~~~ Laurent Allred Pellerin e 26 JAN 79 SIGNATURE OF PERSON DISCLOSING DATE 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