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Home My WebLink About1975 10 06 City Council Regular Minutes /""'. ~ , 75-76 - 1 .~ REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS OCTOBER 6, 1975 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 Irwin Hunter. The pledge of allegiance to the flag was led by Councilman Irene Van Eepoel. Roll Call: Mayor Troy Piland, present Attorney Newman Brock~, present Deputy Mayor Donald Browning, present Councilmen: Irwin Hunter, present Ernest Hendrix, present John Daniels, present Irene Van Eepoel, present Motion was made by Councilman Daniels to approve the minutes of September 29, 1975. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Councilman Browning asked that a tUne lUnit be set for the meetings; that the discussion be kept to the subject on the floor and to establish some sort of framework that we can count on that will keep us moving through the agenda.. r Motion was made by Councilman Browning to instruct the Mayor to submit a guide- line of rules of how the City Council Meetings will proceed; a basic procedure that we all can relate to. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, no; Councilman Daniels, aye, qualified that its a procedure to be submitted to Council to be considered and voted upon by the Council; Councilman Van Eepoel, same qualification; Councilman Browning, aye; same qualification. Motion carried. Planning & Zoning Report, Councilman Hunter reporting: Councilman Hunter read the monthly building department report and a copy is on file. City Planner Dianne Kramer also gave her report. A Workshop Meeting was set for October 23rd to meet with Carl Gosline for his report on Gee Creek, 7:30 p. m. Councilman Hunter reported that the building department has issued letters to all realtors working in the city to read Section 14 of the City Code of Ordinances before any parcel of land is divided. Councilman Hunter discussed comments on the Goals and Objectives from the Planning Commission and a Workshop Meeting was called for Tuesday, October 7 at 6:30. Councilman Hunter read the letter from Florida Land Company in reference to the deterioration of certain streets in the Terraces. Mr. Cox and Mr. Silver of Florida Land Company were present at the meeting. Motion was made by Councilman Hunter that we accept the Maintenance Bonds for North Orlando Terrace, Sections 7 and 10, Unit II. Seconded by Councilman Daniels; discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, no; Councilman Browning, aye; motion carried. r --- ,-... ~ r Regular Session, City Council, Oct. 6, 1975 Page 2 75-76 - 1 Finance Report, Councilman H~ndrix reporting: Oouncilman Hendrix read the monthly finance report, a copy is attached to the minutes. Election Report, Councilman Hendrix reporting: The next election will be December 2, 1975 for the purpose of electing a Mayor for a two year term; Councilman Group 2 for a two year term and a Councilman Group 4 for a two year term. The qualifying period is October 15 to November 1 and since November 1 is a Saturday, the qualifying period will end November 3, 1975. Motion was made by Councilman Hendrix to appoint Mary Norton Clerk of the Election of December 2, 1975 and Helen Green, Norma Lang, Louise Owens and Ruth Mewes Inspectors for the election. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Hendrix that we pay each of the Inspectors $2.00 per hour for a fourteen hour day and to pay the Clerk of the Election $2.00 per hour over the 8 hour work day on the day of election. Seconded by .Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Bepoel, yes; Councilman Browning, aye; motion carried. Fire Department Report, Councilman Daniels reporting: ~ Fire Chief Charles Holzman gave the monthly report, and a copy is on file. Councilman Daniels presented an artist's conception of the fire station that is being donated by Gulfstream Land Development Corporation. It will be started in November and will be completed in February. It is to be located on Northern Way in the Tuscawilla area. Motion was made by Councilman Hunter for a letter to be sent from Council con- gratulating the Volunteer Fire Department and the paid men for their work on restoring the Pirsch Fire Truck. Seconded by Councilman Hendrix. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Daniels that we graciously accept the offer of Gulfstream Land Development Corporation to build a fire station in accordance with the plans they have presented that have been worked out by committee with them and hope that they will continue to build this station over the apparent objections that some people seem to have. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Public Works Department, Councilman Van Eepoel reporting: Public Works Director Fred Roberts read the monthly department report and a copy is on file. JUD Graham has been hired to fill the vacancy left by Roger P.'erson. ~. Councilman Van Eepoel asked Attorney Brock for a legal opinion on barricading a f public dedicated street at the request of a private individual. .-/ !""\ (~ Regular Session, City Council, Oct. 6, 1975 Page 3 75-76 - 1 ~. Mayor Piland reported that the City spent $90.00 taking care of a problem at ll3 Alderwood Street North. A resident moved out and took his above the ground pool, leaving a 4 foot hole that was filling up with water. Mayor Piland asked the Attorney if the City could attach a cloud on the title so that the City could be reimbursed. Mayor Piland reported that we have a contract with Seminole County to build the bridge at Hayes Road. The County will not start work until they have the money in hand. City Engineer Cal Conklin's suggestions for building a "minimum" bridge and an additional five feet will cost an additional $500.00. Motion was made by Councilman Browning to approve the change order for the bridge extension adding $500.00, making the total price $6,000.00. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, Councilman Daniels, no qualified as "I" do not know where the money will come from; Councilman Van Eepoe1, yes; Councilman Browning, aye; motion carried. Councilman Van Eepoel said that Jim Swann assured her that the low spot off of Briarwood would be filled. Mayor Piland reported that our Maintenance contract with the County expired September 30th. Mayor Piland is to ask the County to tell us what they can do for the $6,000; and give us a line item breakdown of what it would take to maintain our roads. ~ Police Department Report, Councilman Browning reporting: Councilman Browning discussed the monthly report and a copy is on file. Motion was made by Councilman Browning for approval of the purchase of one 100m of shoulder patches for the Police Department at a cost of $332.80. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Mayor Piland recessed the Council Meeting and opened the public hearing for Ordinance No. l28, adopting the 1975-76 budget. City Attorney Newman Brock read the first reading of the ordinance in its entirety. Councilman Daniels and Councilman Browning spoke in discussion of the ordinance. Mayor Piland closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Hendrix that we adopt Ordinance No. 128 on the first reading. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Attorney Brock read the second reading of Ordinance No. l26 by title only. Motion was made by Councilman Daniels to accept Ordinance No. l26 on the second reading by title only. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. r t ~ f" ~ Regular Session, City Council, Oct. 6, 1975 Page 4 75-76 - 1 r Motion was made by Councilman Daniels that the 5% salary increase be approved and ~plemented for all city employees effective October 6, 1975 except the Planner (who is at the maximum authorized for CETA Funded positions), the new police patrolman that is not yet certified, and the new public works department employee whose salary is established at $7020. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Attorney Brock said the power that is vested in this Council is vested in 4.11 of the Charter. The Council should set a special meeting after October 8 to review the complaints that have been received. The Council should review the complaints and they should advise the department or any specific employee within that department specifically what the Unproprietes or charges are. After the Council makes a determination of what the charges are, the employee should have a notice of the charges provided to him. Attorney Brock advised the Council that this is not a criminal proceeding but an investigative function of this Council. After receipt of the charges the Department or specific employee, shall have the right to defend and cross examine the accusors. The employee or Department, shall have the right to have an attorney present. The City has the power to subpoena witnesses. The Department or employee also has that right; and there shall be a public hearing on these charges. If then the Council is bound by a majority vote as set forth in the Charter regarding any determination of what their decision is in relation to the investigation. Motion was made by Councilman Daniels to establish a meeting on October 14 at ~ 7:30 p. m. to discuss the complaints of the Building Department. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. City Attorney Newman Brock introduced Mr. Terrance Ackert the Attorney representing Mr. Ray Bradshaw. Councilman Hunter read the letter from Mr. Ackert and a copy will be given to all Councilmen. Motion was made by Councilman Hunter to allow the Mayor to appoint alternative representatives for any particular function in order to have the City represented at these functions if the original representative designated can not attend. Seconded by Councilman Browning. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, no;.~ Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Councilman Daniels gave a report on the Double taxation committee. Councilman Daniels reported that Saturday will be voter registration day in the City. Mr. Sines motor home will be in several locations within the City for this purpose. r t Motion was made by Councilman Van Eepoel to allow the Winter Springs Elementary School permission to use the City tractor on November 1 for the festival and to designate to the Board of Education that the City assumes no responsibility for any accidents incurred through this action. Seconded by Councilman Hendrix. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; ----- r 1"""'-.. r ( \", ,.-... ..~ Regular Session, City Council, Oct. 6, 1975 75-76 - 1 Page 5 Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Attorney Brock asked for some input for the ordinance for riding horses on unpaved city streets and Attorney Brock will have a proposed ordinance to be discussed next week. Motion was made by Counoilman Browning to adjourn. Seconded by Councilman Hunter. Motion carried. Respectfully submitted, ~/c~ Mary T. Norton, City Clerk Approved: MAYOR ":- I ....-/