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Home My WebLink About1979 04 24 City Council Regular Minutes . . . . 78-79-31 - REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS APRIL 24, 1979 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 William Jacobs. The pledge of allegiance to the flag was led by City Manager Richard Rozansky. Roll Call: Mayor Troy Piland, present Deputy Mayor Wilfred Arnold, present City Attorney Wally Stalnaker, present City Manager, Richard Rozansky, present Councilmen: William Jacobs, present John Bennett, present Laurent Pellerin, present John Torcaso, present Public Input: Mr. Martin Blau and Mr. Mark Miller representing Home Life Insurance Company had two proposals for a pension plan for City employees. After a brief discussion it was decided they would schedule a meeting with the City Manager and Finance Commissioner and then come back to Council. Motion was made by Councilman Torcaso to approve the minutes of April 17, 1979. Seconded by Councilman Bennett. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Public Hearings: Mayor Piland recessed the Regular Session and opened the public hearing for Ordinance No. 190, annexation of Lot 11, Blk.B, Oak Grove Park. Attorney Stalnaker read Ordinance 190 in its entirety. No one spoke against the ordinance. Mayor Piland closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Torcaso that we accept Ordinance No. 190 on second reading. Seconded by Councilman Bennett. Discussion. Vote on themotion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. The ordiaance is to be published for four consecutive weeks and after the last publication the ordinance will become effective. City Manager - Richard Rozansky: There was discussion of the letter from Seminole County on the transfer of 1.33 miles of Tuscawilla Road. Manager Rozansky asked for some time to look this over before a final decision is made. Resolution No. 258: Resolution No. 258 provided for the fixing of the maturities, interest rates and redemption provisions for $600,000 improvement revenue bonds, Series 1979 of the City of Winter Springs, naming the paying agent for said bonds and awarding said bonds at negotiated sale. Motion was made by Councilman Arnold to have the Attorney read Resolution No. 258. 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. . - Reg. Session, City Council, April 24, 1979 Page 2 78-79-31 4It Attorney Stalnaker read Resolution No. 258 in its entirety. Motion was made by Councilman Jacobs to adopt Resolution NO. 258. Seconded by Councilman Torcaso for discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. City Manager Rozansky reported the clean-up week has been scheduled for April 30 thru May 4, 1979. Motion was made by Councilman Pellerin that we place the air conditioning bids on the agenda. Seconded by Councilman Bennett. 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 Pellerin that we rebid the maintenance contract on the air conditioners for city buildings. Seconded by Councilman Bennett. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. City Manager Rozansky reported that D.E.R. has authorized the drawdown of the lake and they are drawing it down 8 inches per day. The Flood Insurance Meeting will be held on Thursday at 2:00 p. m. at the City Hall. 4It Council Seat I - William Jacobs: Zoning Board Recommendations: Crooked Creek was tabled. Board recommended to Council a C-l zoning classification Binford property on Moss Road. The Planning and Zoning be approved for the Motion was made by Councilman Jacobs to accept the application from Mr. Binford for the rezoning of his property to C-l and subparagraph 1 only. Seconded by Councilman Torcasa for discussion. Motion and second were withdrawn. Motion was made by Councilman Jacobs that we accept the recommendation from the Planning and Zoning Board to change the zoning on Moss Road Binford Property from C-2 to C-l. Seconded by Councilman Torcaso for discussion. In discussion Mr. Laurent Pellerin, Jr. presented a petition to Council; Mr. Boerner, John Hutto and Mr. Binford spoke. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, aye; Councilman Pellerin, said he would file a conflict of interest form - his vote, no; Councilman Torcaso, aye; motion carried. Tuscawilla Unit 9: Mr. Art Barr represented Winter Springs Development Corporation. Motion was made by Councilman Jacobs to accept the preliminary plan of Tuscawilla Unit 9 and 9A in accordance with the recommendations of City Staff and City Engineer. Seconded by Councilman Pellerin for discussion. Discussion. Second withdra,~. Seconded by Councilman Torcaso. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, no; Councilman Bennett, aye; Councilman Pellerin, no; Councilman Torcaso, aye; motion carried. 4It . . . - ~ Regular Session, City Council, April 24, 1979 78-79-31 Page 3 Council Seat III - John Bennett: Councilman Bennett reported that the Personnel Policy Committee pay study review will be in the Councilmen's folders by Thursday. Council Seat IV - Laurent Pellerin: The bids that were received for the public works building were invalid because some information was provided to one of the bidders and not to the other bidders. Motion was made by Councilman Pellerin that the Council direct Mr. Rozansky to go out requesting new bids on the public works building and before the bids are actually published to show the people exactly what we expect them to construct. Seconded by Councilman Bennett. Discussion. Motion and second were withdrawn. Motion was made by Councilman Pellerin to table until the City Manager comes back with some type of recommendation on a building. 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. Second reading of Ordinance No. 191 the Energy Code: Motion was made by Councilman Pellerin that we have the second reading of Ordinance NO. 191 by title only. 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. Attorney Stalnaker read Ordinance No. 191 by title only. Motion was made by Councilman Pellerin to adopt Ordinance No. 191 on second reading by title only. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Jacobs, aye; Councilman Arnold, aye; Councilman Bennett, no; Councilman Pellerin, aye; Councilman Torcaso, aye; motion carried. Council Seat V - John Torcaso: Councilman Torcaso reported he had inquired about the status of the mobile home license tax refund, and the report from Tallahassee was they were still working on it. Attorney Stalnaker is to send a letter asking when we will be receiving the money that is due the City. Mayor's Office: Mayor Piland read the resignation of Ms. Vicki Baker from the Planning & Zoning Board. Motion was made by Councilman Jacobs to accept the resignation of Ms. BAker with regrets. 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. Mayor Piland discussed with Council North Orlando Water & Sewer Corporation's request for capacity to be reserved in the Iron Bridge prior to the 1985 date. There was discussion of requiring permits of commercial trucks if they exceed a certain weight to cover costs of repairing city streets. -- e - Reg. Session, City Council, April 24, 1979 ~ Meeting was adjourned at 9:24 p. m. ~ . Page 4 Respectfully submitted, ~~~ Mary T. Norton, City Clerk Approved: ,MAYOR 78-79-31 . FO" 4 J MEMORANDUM ~~_ VOT~N~ CONFLICT.. -~ .- el\TE ON WHICH VOTE OCCURRED: 24 APR ,19 79 _PART A Name: Address: PELLERIN (LAST) 116 Moss Road (STR EET) Laurent (FIRST) Winter Springs Alfred Sr. (MIDDLE) FL 32707 Telephone: 305 327-1300 (A/C) (NUMBER) Seminole (ZIP CODE) (COUNTY) (CITY) PART B Agency is a unit of [check one] : ) State of Florida; Xl County, City or other Political Subdivision Name of Agency: City of Winter Sprinqs, FL Position held in Agency: Councilman PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes 9112.3143 (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 against the motion to n~7.one Mr. Binford's property from C-2 to C-l. - 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 home is located opposite Mr. Binford's property, I have owned that home for the past five years, Mr. Binford purchased the property in question last Jan 1979, I believe. or DEe 78. My neiqhbors and I feel that the utilization of this property other than for residential 11se would devalue our homes and create a "SPOT ZONING PROBLEM" within 011r npighhorhnon I would qain nothinq financial except to maintain the present val11e on my home e3. 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 _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 ~T~~i}~1~~G .~. 30 APR 1979 DATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317 (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 FO.....I~ 4 MEMORANDUM OF VOTING CONFLICT 4TE ON WHICH VOTE OCCURRED: 24 APR ,19~ PART A Name: PELLERIN (LAST) 116 Moss Road (STREET) Laurent (FIRST) Winter Springs Alfred Sr. (MIDDLE) FL 32707 Telephone: 305 327-1300 (A/C) (NUMBER) Seminole (ZIP CODE) (COUNTY) Address: (CITY) PART B Agency is a unit of [check one] : ) State of Florida; Xl County, City or other Political Subdivision Name of Agency: City of Winter Sprinqs, 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 against the motion to rA7.0nA Mr. Binford's property from C-2 to C-l. 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 home is located opposite Mr. Binford's property, I have owned that home for the past five years, Mr. Binford purchased the property in question last Jan 1979. I believe, or DEe 78. My neiqhbors and I feel that the utilization of this property other than for residAntial llSA would devalue our homes and create a "SPOT ZONING PROBLEM" witnin Ollr nAignnornoo(J I would qain nothinq financial except to maintain the present valllA on my nomA 3. 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 .'- 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 ~Tq(#S~~G .~. 30 APR 1979 DATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317 (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