HomeMy WebLinkAbout1975 11 19 City Council Special Minutes
BUILDING DEPAR~IT INVESTIGATION.
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SPECIAL SESSION
CITY COUNCIL
CITY OF WINTER SPRINGS
NOVEMBER 19, 1975
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The Special Session of the City Council of the City of Winter Springs, Florida was
called to order by Deputy Mayor Donald Browning. The pledge of allegiance to the
flag was led by Councilman Hunter.
Roll Call:
Mayor Troy Piland, late
Deputy Mayor, Donald Browning, present
Attorney Newman Brock, present
Councilmen:
Irwin Hunter, present
Ernest Hendrix, present
John Daniels, present
Irene Van Eepoel, present
Deputy Mayor Donald Browning read Complaint No. 3 which had been signed by
Irene Van Eepoel. Mrs. Karen Raley was called and questioned by Council.
Attorney Ackert then questioned Mrs. Raley.
At 8:45 P. M. Mayor Troy Piland took over the meeting.
Mr. Bradshaw was questioned by Council and then by his Attorney, Mr. Ackert.
Mr. Daniels stated that the Florida Administrative Code 10D-6.0l1 (4) was violated
in that the permit was not issued in writing prior to the issuance of this.
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Motion was made by Councilman Browning to dismiss Complaint No. 3 as approved
administrative structure will reduce the chances of future errors in permit
issuances. Seconded by Councilman Hunter. Discussion. Vote on the motion:
Councilman Hunter, aye qualified on the basis that the administrative structure
has been very severely modified to provide check lists and certification of a
responsible permit for each permit needed; Councilman Hendrix, aye; Councilman
Daniels, no qualified on the basis that it does not do justice to the fact that
the administrative code has been violated and that it has been presented through
evidence here; Councibnan Van Eepoe1, no; Councilman Browning, aye; motion carried.
Mayor Piland read Affidavit No.6.
Motion was made by Councilman Daniels that Affidavit No. 6 be dismissed on the
basis that further review of the information furnished in this affidavit, no sub-
stantial result will be forthcoming. Motion died for lack of a second.
Motion was made by Councilman Browning that Affidavit No. 6 be dismissed. Motion
died for lack of a second.
Mr. Andersohn was questioned by Council. Mr. Andersohn withdrew his affidavit.
His reason for withdrawing was that he thought nO action would be taken.
Motion was made by Councilman Browning that Affidavit No. 6 be dismissed on the
basis that it was withdrawn. Seconded by Councilman Hunter. Discussion.
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Motion was made by Councilman Daniels to amend the motion on the floor to include
that on the basis that it was withdrawn with the qualification of Mr. Andersohn's
statement. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion to
amend: Councilman Hunter, no qualified that on the basis that unless Mr. Bradshaw's
comments are included, I don't believe anyone else's should be.; Councilman Hendrix, no;
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Special Session, City Council, Nov. 19, 1975
Page 2
Councilman Daniels, yes; Councilman Van Eepoel, yes qualified on the basis that
Mr. Bradshaw's statement has nothing to do with Mr. Andersohn's reflection on
Council action; Councilman Browning, no; motion failed.
Vote on the main motion: Councilman Hunter, aye; Councilman Hendrix, aye;
Councilman Daniels, aye. qualified on the basis the record will reflect why it
was withdrawn anyway; Councilman Van Eepoel, yes; Councilman Browning, aye;
motion carried.
Motion was made by Councilman Browning that a resolution be drafted indicating
that this Council has looked at many complaints of the Building Department and
of Mr. Bradshaw and that although error has been found, administrative error
has been found, it has been shown throughtest~ony that this man, Mr. Bradshaw,
has conducted h~self in a highly professional way and has been an asset to
the City of Winter Springs. Seconded by Councilman Hunter. Discussion. Vote
on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels,
no; Councilman Van Eepoel, no; CounciLman Browning, aye; motion carried.
Motion was made by Councilman Browning that the City of Winter Springs pay
reasonable attorney fees for Mr. Ray Bradshaw as it is reasonable to assume that
he would have to have an attorney present for these entire proceedings and the
fact no wrong doing on his part has been brought forward to be sent to the State
Attorney, that it is our responsibility not to subject anyone person to the high
cost of legal council when they are accused of wrong doing and found that there
is no wrong doing. Seconded by Councilman Hunter. Discussion.
WjlS made by Councilman Daniels
Motion/that the motion on the floor be tabled until the next Regular Council
Meeting and it be placed on the agenda. Seconded by Councilman Van Eepoel.
Discussion. Vote on the motion: Councilman Hunter, no; Councilman Hendrix, aye;
Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, no;
motion carried.
Motion was made by Browning that this investigation be closed. Seconded by
Councilman Hinter. Discussion. In discussion of the motion, Councilman Daniels
said it was/regrettable mistake to ever open this investigation; it has been a
tremendous pressure on Mr. Bradshaw, a pressure that he has not needed to bear,
on the citizens who submitted affidavits; a tearing apart of the City; a disgust
of the people toward this Council and a ridiculing of the City in the Press; I
regret that it was ever started. Vote on the motion: Councilman Hunter, aye;
Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes;
Councilman Browning, aye; motion carried.
Meeting was adjourned.
Respectfully submitted,
Mary T. Norton,
City Clerk
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