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Home My WebLink About1975 01 20 City Council Regular Minutes . . ,- r- 74---f'.. 10 . . .. REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS JANUARY 20, 1975 rl \ The Regular Session of the City Council of the City of Winter Springs, Florida was called to order by Mayor Troy Piland at 7 :35 p. m. The mvocation was given by CounciLman Durrance. The p1edle of allegiance to the flag was led by Councilman Hunter. Roll Call: Mayor Troy Piland, present Deputy Mayor Donald Brcnming, present Attorney Edmund Woolfolk, present Councilmen: Irwin Hunter, present Frank Durrance, present John Daniels, present Irene VAn Eepoel, present Motion was made by Councilman Van Eepoel to approve the minutes of January 13, 1975. Seconded by CouncibDan Hunter. Discussion. Vote on the Motion: CounciLman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; CounciLman Browning, aye; motion carried. In discussion of weekly court sessions, Judge Brock recommended that we have two plea nights and one trial night per month. Motion was made by CounciLman Van Eepoel that at this time we increase court sessions to no less than three times per month at $100 per session until further recommendation trom JUGge Brock. SeconGed by Councilman Browning. Discussion. Vote on the motion: ~ouncilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; CounciLman Browning, aye; motion carried. r Mr. & Mrs. Long, 120 Flamingo Avenue, requested permission to have tour dogs. Motion was made by Councilman Daniels to authorize permission. Seconded by Councilman Van Eepoel. Uiscussion. Vote on the motion: Councilman Hunter, aye; l;ounciLman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. The Mayor postponed the Zoning Board appoincment tor one week. Mayor PilanG recommenaed Mr. Robert Melton be appointed to the Board of AdjusbDent. Motion was made by Councilman Browning to approve the recoaaenution of the Mayor of Robert Melton to the Board of AdjusbBent. Seconded by Counci1man Durrance. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; CouncibDan Van Eepoel, yes; CouncibDan Browning, aye; motion carried. Motion was made by Councilman Daniels to accept the paving and drainage improvements of North Orlando Ranches, Section 8. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: CounciLman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. The estimate tor the SCAT Fire Vehicle will be discussed in two weeks. ~ Motion was made by Councilman Browning that we authorize the Chief of Police to hire a Humane Officer at a figure not to exceed $6,50U per year and that we include this in our budget revision that is coming up. Seconded by Councilman Hunter. Discussion. ''-.... --/' r r ('- \ '''~ ,,- (" ~ R~gu~ Session. January 20. 1975 Page 2 74-7.5 - lO Hotion was made by Councilman Daniels that we amend the motion to hire the person so stated in the motion on a temporary basis. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter. qualified no; Councilman Durrance. aye; Councilman Daniels, aye; Councilman Van Eepoe.l.. yes; CouncibDan Browning. no; motion carried. Vote on the main motion as amendea: Councilman Hunter. aye; (;ouncilman Durrance. aye; Councilman Daniels. aye; Councilman Van Eepoel, yes; Councilman Browning. no; motion carried. Hayor Piland asked that Councilman Durrance and Chief Govoruhk come back next week with a recommendation as to what vehicle the Humane Otficer could use. Councilman Van Eepoe1 read the statement as follows: Ill. On July 17. 1912 Councilman Victor Miller tried to upgrade all R-l Zoning (600U sq. ft. lots, 700 sq. ft. homes) to R-lA (8000 sq. ft. lots, 1100 sq. tt. homes) and was stopped by Freeman who said; "It would not be fair to developers." 2. Aug. 1972: "The city Council started to take action on recommendation for the change (upgrading of R-l) from the City Zoning Board, but made no move on suggestion from Freeman." Orlando Sentinel 3. Sept. 19, 1973: The Council took no action on a request from 'Hat' Hattaway to deepen two lakes in the Ranchlands. Freeman admitted to Council that he is the Trustee for the property listed in the 8/19/73 legal notices as transferred from Florida Land Co. to Thomas G. Freeman for $40,000. On Oct. 9, 1973 the Winter Springs' Police Chief had to stop work being done on the Freeman~attaway property because it had not been authorized by Council and the Police Dept. had received numerous complaints about the noise created by the pumping. ' 4. Freeman drev up legal notices for a public hearing to change the zoning on Sec. 3. North Orlando Ranches from R-lAA to R-l to be held about the first week ot April; Florida Land Co. requested the zoning change. The change was questionable for the following reasons: A. Freeman had been repeatefily warned about his failure to advise Council (as requested residents) that they must adhere to the existing deed restrictions ~minimum building size: 1000 sq. ft.) when considering the zoning change to R-l with its minimum ot 1UO sq. ft. buildings. Freeman started receiving warnings as early as Nov. of 1970; a member ot the Board ot Governors of the Florida Bar was one of the people who contacted Freeman with a warning. B. The public hearing was held and the parties affected were not present (except for Florida Land) because there was no notice sent to anyone owning a lot that was rezoned. C. In Aug. of 1972 Freeman stated that the City had coaplie4 with all state and city laws even though he failed to advise Council to follow State Statue #170 then in effect, and the City's own ordinance #44 which precludes any interierence with existing deed restrictions. 5. For over five years of Freeman's time with the City he served in the dual position ot City Prosecutor-City Judge, which is in conflica with the Florida Bar Ethics and possibly the common laws of Florida since they prohibit the holding of more than one'post of authority'. o. A city reSident, obtained an opinion from Atty. Gen. Shevin in Jan. 1972 against Freeman holding two such positions and forwarded the information to Tallahassee which in turn sent it by mistake to the State Attorney's otxice in · Orlando , instead of the one representing 'North Orlando'. It came to the attention ot Mr. Rom Powell. who contacted Freeman UDDediately and asked hUR to rectity the situation. Freeman assured Mr. Powell that he would at once advise Council to seek another attorney to fill one or the other of the posts: it was not until June of 1973, one and a half years later that Mr. Powell's advice was followed by Freeman and then it was done in an ethically unacceptable manner by his recommendation of his law partner to the post of Judge. ./' r r ~ f' Regular Session, Januar} 20, 1975 ,........, Page 3 74-75 - 10 iJnd~;~bar ethics, 1 have been advised, all members of a law firm are considered to be a single unit and theretore, Freeman's partner holding the judgeship was the same as Freeman having it. This continued until early 1974. 7. In Jan. of 1974 Freeman was questioned by me as to the legality of an annexa- tion that took place after July and prior to October of 1973 because the Mooney Bill wasn't followed. Freeman admitted that no mailed notices had ever been mailed because he hadn't advised the clerk of the necessity because, according to Freeman's statement in the Jan. 28, 1974 minutes: The Mooney Bill didn't go into affect until Oct. 1, 1973. Unfortunately, the City annexed three parcels of land into the City after the Mooney Bill went into effect without following the bill: Ord: #88, 15 acres for the site of the Winter springs' Elementary School, Sept. 5, 1913; Ord. #89, 3.597 acres, Sept. 5, 1973; Ord. #93, 1.4 acres, cnange to C-2, Dec. 5, 1973. Some of these parcels received tmmediate zoning changes in violation of the Mooney Bill's 90 day delay section. On Jan. 28, 1974 I advised Council and Freeman that the Mooney Bill went into effect on July 6, 1973 and had that information, along with Freeman's contradictory advice duly entered in the minutes of that meeting. 8. On Jan. 9, 1974 Freeman (who had already been notified by the then Mayor that he would not be retained as City Attorney ) interpreted: "The Mayor may appoint a member of the City Council to supervise and direct any particular phase of the Government of the City." (Charter) to mean that the Mayor May do so ll. the Council allows hu.. When asked if the Mayor couldn't make his own appointments to comBissions Freeman advised the Mayor that he could only if ratified by the Council, but that Council had the power under Sec. 4.06 of the Charter: llAll powers of the City shall be vested in the Council, except as otherwise provided by law or this Charter." To make its own commission appointments if the Mayor's were unsatisfactory to Council. On Jan. b, 1975 Freeman's law firm reverse4 itself (under another Mayor) and stated that the sole power of commission appointments rested with the Mayor. These statements are contained on the City's Meeting tapes of those dates. 9. On Jan. 16, 1974 there were two zoning changes pending in the City: Annexation ot part of 380 acres under single ownership and change ot zoning from A-l and R-U (l acre lots) to 'PUD', and the second zoning matter involving a large section of land whicn the P&Z Board had recomBended that the zoning be upgraded from R-lAA to R-lAAA, right across the road from the parcel requesting PUD. Should the upgrading have been completed prior to the Council considering the POD request, then it would have to have taken consideration of the fact that the PUD would be within a few feet ot the City's highest zoning classification while the Cityts ordinance requires that PUD zoning be compatible with surrounding area and multifamily dwelling units were planned in the PUU area. On Jan. l6 Freeman advised Council that instead of the Council holding the only public hearing, as it had for every other zoning matter in the City'S history, the B&Z Board had to hold a public hearing prior to the Council's. Freeman said he based his opinion on Ord. #44. But several months later the Council had to pass another ordinance regarding zoning public hearings in order for the B&Z Board to hold such meetings as Freeman said were necessary back in Jan. It would seem beyond reason tor the City Attorney to advise Council that the B&Z Board must hold a public hearing back in Jan. when such a hearing was not legal until required by a new ordinance several months later. 10. On Feb. 11, 1974 Mrs. Vicki Baker presented to Council copies of an ordinance she was proposing be acted on by Council in order to amend the charter to include a recall provision; she cla~ed her personal attorney drew up the draft for her at her expense. On Feb. 18 I questioned Mrs. Baker as to whether or not Thomas Freeman, his office, or anyone in his office had anything to do with drawing up the copies she presented to Council. The minutes of that meeting reflect: "Councilman Van Eepoel asked if Mr. Freeman had prepared the proposed Ord. 97, and Hrs. ~ ..,-'. 1"'. Reiular Session, Janua~j 20, 1975 ~ Page 4 74-75 - 10 Amended Baker denied that Mr. Freeman had prepared it." Mr. Freeman was present and I asked ~ him the same questions and the meeting tape will show that Freeman answered all questions about his, his office's, anyone associated with his office drawing up the un-numbered proposed ordinance presented by Mrs. Baker to Council by saying uNo" that Mrs. Baker's personal attorney drew it up. On Feb. 25 the minutes reflect "...The fact that Mr. Thomas G. Freeman is the Attorney of record representing Mrs. Baker in Civil Suit 74-221-#." in the March 11 minutes is the following: u...a statement in reference to the unnumbered ordinance presented by Mrs. Vicki Baker on February 4 compared with Ordinance 97 which was prepared by Mr. Freeman's office; as follows: to whom it may concern: a copy of Ordinance #97, of the City of Winter Springs, Florida, and a copy of a proposed ordinance (unnumbered) pertaining to amending the Charter of Winter Springs to include a recall provision, have both been submitted to me this date. I have examined them closely and it is my opinion that both items were typed on the same machine. Signed Merle D. Key, Service Manager, George Stuart, Inc." Mrs. Sharon Patrick, acting Chairman of the Zoning Board, discussed the need of an official zoning map and that she had been in contact with the County. Motion was made by Councilman Hunter that we give Mrs. Patrick the authority to research this and to return to Council with more specific cbarges in cost. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. r Councilman Daniels stated that the County is most willing to do these things for us because they are looking for ways to say"oh, we did this for you Winter Springs". We as A City will fairly soon have to take a stand on whether we are going to accept County services they are offering or are we going to take them to task to return to us those funds which are actually ours through double taxation. Attorney Woolfolk reported on the status of the Wilco Park. Motion was made by Councilman Browning that the Attorney be instructed to put a three week time limit on their completing the plans as submitted at the Wilco Park. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; CounciLman Browning, aye; motion carried. Motion was made by Councilman Hunter that the meeting be continued until the placement of the building and public works department is settled tonight. Seconded by Councilman Browning. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, no; Councilman Browning, aye; motion carried. Motion was made by Councilman Daniels that we instruct the Mayor to sign this letter (to CETA). Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Hunter that Mr. Ray Bradshaw would occupy the south office of the mobile home and the Chief Govoruhk occupy the north office and the two share the intersection. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman ~ Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Van Eepoel that we approve the agreement (Inter- Local Agreement between the City and the County for Maintenance of Roads) as for- warded by the County Road Department. Seconded by Councilman Browning.Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; / .. r-- Regular Session, January 20, 1975 /-.. Page 5 74-75 - lO Amended . CounciLman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. r Councilman Daniels asked the Attorney if we had any laws pertaining to dumping and the Attorney said we did. Councilman Daniels requested that a follow-up on the letter to the Health Depart- ment regarding the L . D. Plante's rendering Plant be made because there are still obnoxious odors. Motion was made by Councilman Daniels that we approve the purchase of the additional office equipment and that it be charged to the appropriate budgets. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoe1, yes; Councilman Browning, aye; motion carried. There was a discussion to allow Mr. Bob Stephenson permission to install a gate in the bicycle path fence. Motion was made by Councilman Browning to allow Mr. Bob Stephenson to put a gate in the bicycle path fence with the provision that he pay for the cost in putting .in the gate and that this is not permission for hUn to use this property to his property for ingress or egress, he will have to secure that permission from the owners of the property. Seconded by Councilman Hunter. Discussion. Motion was made by Councilman Daniels to table until next week. Vote on the motion: Counci1man Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman ~ Van EEpoe1, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Durrance that we raise the pay scale of Nancy Euga from 2.45 to 2.65 per hour commencing with the next pay period. Seconded by Councilman Daniels, discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van EEpoel, yes; Councilman Browning, aye; motion carried. Mayor Piland asked Council for some recommendations to an ordinance to cut streets. Attorney Woolfolk read the Resolution to Mr. John Booth. Motion was made by Councilman Browning to adopt Resolution No. 144 appreciation to John Booth. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van EEpoel, yes; Councilman Browning, aye; motion carried. Next week there will be a Workshop Session starting at 7:00 P. M. Motion was made b-y: Coun~ilman Daniels to adjourn. Seconded by Councilman Van Eepoel. Motion carried. - , Respectfully submitted, Approved: ?J.;. ,-; ~ Mary ~orton, City Clerk r \,- / ~. '" " ". (' Regular Session, January 20, 1975 /","", Page 5 74-75 - lO Councilman DanielS, aye; Councilman Van lepoel, yes; Councilman Browning, aye; motion carried. r CouncibDan Daniels' asked the Attorney if we had any laws pertaining to dumping and the Attorney said we did. J f ~DvrYl~P Councilman Daniels requested that a follow-up on the ft. D. Plante's rend'ring Plant be made because there are stili obnoxious odors. Motion was made by Councilman Daniels that we approve the purchase of the additional office equipment and that it be charged to the appropriate budgets. Seconded by Counci~n Van lepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van lepoel, yes; Councilman Browning, aye; motion carried. There was a discussion to allow Mr. Bob Stephenson permission to install a gate in the bicycle path fence. Motion was made by Councilman }\Browning to allow Hr. Bob Stephenson to put a gate in the bicycle path fence with the provision that he pay for the cost in putting in the *ax gate and that this is not peraission for hUB to use this property to his property for ingress or egress, he will have to secure that peraission from the owners of the property. Seconded by Councilman Hunter. Discussion. r Motion was made by Councilman Daniels to table until next week. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van lepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Durrance that we raise the pay scale of Nancy luga from 2.45 to 2.65 per hour commencing with the next pay period. Seconded by Councilman Daniels, discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van lepoel, yes; Councilman Browning, aye; motion carried. Mayor Piland asked Council for some recommendations to an ordinance to cut streets. Attorney Woolfolk read the Resolution to Hr. John Booth. Hotion was made by Councilman Browning to adopt Resolution No. 144:.:, appreciation to John Booth. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van lepoel, yes; Councilman Browning, aye; motion carried. Next week there will be a Workshop Session starting at 7:00 p. m. Motion was made by Councilman Daniels to adjourn. Seconded by Councilman Van lepoel. Hotion carried. Respectfully submitted, Approved: Mary T. Norton, City Clerk ~ \ \"'-. ~ r ; r 0, ''" . ~.,.. .. I'" ~ Regular Sessien, January 20, 1975 Page 4 s74==/5 - 10 4 .. Baker~denied that Hr. Freeman had prepared it." Mr. Freeman was present and I asked him the same questions and the meeting tape will show that Freeman answered all questions about his, his office's, anyone associated with his office drawing up the un-numbered proposed ordinance presented by Mrs. Baker to Council by saying "No" that Mrs. Baker's personal attorney drew it up. On Feb. 25 the minutes retlect "...The fact that Mr. Thomas G. Freeman is the Attorney of record representing Mrs. Baker in Civil Suit 74-22l-I.1t in the March 11 minutes is the following: It...a statement in reference to the unnumbered ordinance presented by Mrs. Vicki Baker on February 4 compared with Ordinance \)7 which was prepared by Mr. Freeman's office; as follows: to whom it may concern: a copy of Ordinance #97, of the City of Wiater Springs, Florida, and a copy of a proposed ordinance (unnumbered) pertaining to ..ending the Charter of Winter Springs to include a recall provision, ~V. bjth been submitted to me this date. I have exaaiaed them closely and it is my opinion that both items were typed on the same machine. Signed Merle D. Key, Service Manager, George Stuart, Inc." Mrs. Sharon Patrick, acting Chairman of the Zoning Board, discussed the need of an official zoning map and that she had been in contact with the Coun ty~ Motion was made by Councilman Hunter that we give Mrs. Patrick the authority to research this and to return to Council with more specitic charges in cost. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; CouncibDan Daniels, aye; Councilman Van lepoe1, yes; Councilman Browning, aye; motion carried. ~< Councilman Daniels stated tha~the County is most willing to do these things tor us because they are looking for ays to say noh, we did this for you Winter Springs". We as a City will tairly soon take a stand on whether we are going to accept county services they are offering or are we going to take them to 'ask to return to us those funds which are actually ours tnrough double taxation. Attorney Woolfolk reported on the status of the Wilco Park. Motion was made by Councilman Browning that the Attorney be instructed to put a three week time 1u.it on their completing the plans as sUbDlitted at the Wilco Park. Seconded by Councilman Van lepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van lepoel, yes; Councilman Browning, aye; motion carried. Motion was ma<ie by Councilman Hunter that the meeting be continueu until the placement of the building and pUDlic works deparcment is settled tonight. Seconded by Councilman Browning. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; CouncibDan Daniels, aye; CouncibDan Van lepoel, no; Councilman Browning, aye; motion carried. Motion was made by CouncibDan Daniels that we instruct the Mayor to sign this letter (to CETA). Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Duraance, aye; Councilman DanielS, aye; CouncibDan Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Hunter tbat Mr. Ray Bradshaw1Duld occupy the south office of the mobile home and the Chief Govoruhk occupy the north office and the two share the intersection. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Van Eepoel that we approve the agreement (Inter- Local Agreement between the City and the County for Maintenance of Roads) as for- warded by the County Road Department. Seconded by Councilman Browning. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Durrance, aye; ~