HomeMy WebLinkAbout1978 10 31 City Council Regular Minutes
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REGULAR SESSION
CITY COUNCIL
CITY OF WINTER SPRINGS
OCTOBER 31, 1978
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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
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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;
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Reg. Session, City Council, Oct. 31, 1978
78-79-5
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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.
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Reg. Session, City Council, Oct. 31, 1978
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78-79-5
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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.
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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,
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Mary T. Norton,
City Clerk
Approved:
,MAYOR
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FO.4
.. MEMORANDUM OF VOTING CONFLICT
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.TE ON WHICH VOTE OCCURRED:
a:fo~r ~I ,19ZB
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Name:
J)/frltet-s :JoHN
(LAST) (FIRST)
!Oa7 ~M;r)G 7R.a;(
(STREET) ~
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TelePhone:~c;1J} t 7/- ZOt1' 6
tf,./C) (NUMBER)
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(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~.
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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:
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.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
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SIGNATURE OF PERSON DISCLOSING
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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