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HomeMy WebLinkAbout1981 08 25 City Council Regular Minutes l1> 80-81-30 . REGULAR MEETING CITY COUNCIL CITY OF WINTER SPRINGS AUGUST 25, 1981 The Regular Meeting of the City Council of called to order by Mayor Troy Piland. The Martin Trencher. The pledge of allegiance Arnold. the City of Winter Springs, Florida was invocation was given by Councilman to the flag was led by Councilman Wilfred Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Al Cook, present Councilmen: Jim Hartman, present Wilfred Arnold, present Martin Trencher, present Maureen Boyd, present Motion was made by Councilman Torcaso to approve the minutes of August 11, 1981. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Pub lie Input: Leanne Grove, Alton Road, said that Ardaman has never removed the pipes from Hayes Road. City Engineer Jack Cooper explained that they are monitoring wells and that Ardaman is still testing. Mrs. Grove also had a complaint against H.& H. Refuse Service and the City Manager was asked to look into it. . General Agenda: Continued public hearing for Ord. No. 245, regulating construction in areas of special flood hazard as required by the Federal Emergency Management Agency, etc. Mayor Piland recessed the Council Meeting and continued the public hearing for purposes of hearing input from the public on Proposed ordinance No. 245. Attorney Cook read Ordinance No. 245 by title only. Councilman Hartman and Councilman Boyd spoke in discussion. Mayor Piland closed the public hearing and reconvened the Council Meeting. Mot ion was made by Councilman Torcaso. Councilman Trencher, Hartman, aye; motion Councilman Arnold to adopt Ordinance No. 245. Seconded by Discussion. Vote on the motion: Councilman Arnold, aye; aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman carried. First Reading of Ordinance No. 247, repealing Ord. No. 241 which provided for re- vision of the Charter of the City. Motion was made by Councilman Torcaso to read Ord. No. 247 by title only. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Attorney Cook read Ordinance No. 247 by title only on first reading. Councilman Trencher noted, for the record, his position. "I felt that under the rules that the Charter Revision Commission was organized that the Council was proper in its action in accepting or rejecting certain portions of the Commission's recommendations. Had the rules been designed that the Charter Revision Commission be directed to revise the Charter and take it to referendum without Council's adVice, then I would not be sitting here today with this argument. However, under the . .. Regular Meeting, City Council, Aug. 25, 1981 Page 2 80-81-30 . process that the Council agreed and the Commission knew from the beginning was that they were to sit as a recommendation body, not as a legislative body, that they were to do the best job they could to review the existing charter; take into consideration the various inequities and problems that it has presented the City over the last several years and recommend to the Council various changes. And that was done and done very well, and I have never questioned the Commission's work or the effort put forth. The Council then did its job; reviewed those recommendations, accepted some and rejected others and two of the points the Council rejected I still reject today and they include the Charter Revision Commission's recommendation concerning districting and the mandatory requirement the City must have a city manager. . I felt in this particular case there may have been a lack of an opportunity on the Commission's part to look deep enough into the issue of districting. At the present moment most of you know the State of Florida is going through a congressional re- districting process which is amounting to political gerrymander and that is re- districting the congressional districts to fit various party needs rather than the public needs. If we took a good hard look of the geography and population - demographics of Winter Springs we would find it very difficult to district up this town. We would even be in more of a bind in that the growth rate is so fast and so rapid that we would not be in a position to maintain the integrity of the one-man one-vote rule, and I think that although the Commission amiably tried to solve the point I almost have to put it down to the basics 'if it ain't broken, don't fix it.' I couldn't see any reasons why we had to go into districting when there was no demand and no concern on the basis of the citzenry to ask for that. This Council has operated under a city wide voting process for several years with no problems; certainly we have not seen numerous numbers of people come forth and say we want to have districting. Additionally I didn't feel it was fair at that time that the citizens should be obligated to have a city manager. We have an opportunity in this City to vote for five councilmen who represent the City. To obligate the citizens to say they must have a City manager I feel is totally unnecessary. On the other part of the fence we accepted some of the recommendations. They recommended a three year term for city councilmen - we accepted that. They made it more clear, more defined on the Mayor's and city manager's duties. They changed the title to City Commissioner from City Council and they covered a number of minor items which have been overlooked over the years. I am a bit perplexed that the Council is more wavering back and forth rather than facing it straight forward and going out and doing its job and I think although we have some basis of disagreement in a sense that there are members of the Commission and I must say the majority of the members of the Commission are not coming forth and debating the decision of the Council; only a minority is doing that. I am going to propose something now which mayor may not be proper and under Robert's Rules of Order I would like to propose a motion to permanently table Ord. No. 247 unless a majority of Council chooses to replace it on the agenda and only by motion in that case, and before I formally make that motion I will explain it - that is tantamount to killing this repealed motion, therefore allowing it to go back on the ballot as it was originally intended to be as it was originally approved by Council on the 14th of July. Motion was made by Councilman Trencher to table Ord. No. 247. Seconded by Councilman Torcaso. Vote on the motion: Councilman Boyd, no; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, no; Councilman Trencher, aye; motion carried. . ~ Regular Meeting, City Council, Aug. 25, 1981 Page 3 80-81-30 . Motion was made by Councilman Arnold that we introduce an ordinance to repeal Ord. No. 241. Seconded by Councilman Boyd. Discussion. In discussion Bill Jacobs, S. Edgemon Ave., Mary Martin, Sailfish Road, Jim Conger, Shane Circle and Jon Zabel, Silver Creek Drive, spoke in discussion. Vote on the motion: Councilman Torcaso, no; Councilman Hartman, no; Councilman Arnold, aye; Councilman Trencher, no; Councilman Boyd, aye; motion failed. First Reading of Ord. No. 248, adopting municipal budget for FY 1981-l982,etc. Motion was made by Councilman Torcaso to read Ord. No. 248 by title only on first reading. Seconded by Councilman Hartman. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Attorney Cook read Ordinance No. 248 by title only on first reading. First Reading of Ord. No. 249, providing for an increase in the membership of the Board of Adjustment from five to seven members, etc. Motion was made by Councilman Torcaso to read Ord. No. 249 by title only on first reading. Seconded by Councilman Hartman. Discussion. Vote on the motion: Councilman Arnold, no; Councilman Trencher, aye; Councilman Boyd, no; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. Attorney Cook read Ord. No. 249 in its entirety on first reading. . Councilman Arnold's remarks on Ord. No. 249 and also on Ord. No. 250 as follows: "In the first place the whereas tells me the city can't find people in the City to serve on the Planning and Zoning Board and the Board of Adjustment. They find it difficult to obtain presence of a sufficient number of people. Now that to me is a complete slap in the face of our citizenry and I refuse to pass an ordinance that says that. Second place if that happened to be the case and you couldn't get a quorum of three from five, how can you get a quorum of five from seven? Next item, the Board of Adjustment and Planning and Zoning Board shall consist of seven members, etc. The next section which is not being amended has to do with the term of office. The term of office is set at two years but at the passage of the particular ordinance last year, Seats 2 and 4 went until 1982 and Seats 1, 3 and 5 went to 1981 and they were appointed in 1981. There's no indication here as to what the particular terms of the appointed at large members are. I would presume that they would be a member the same as the others have a two year term but it doesn't specify from when to when, so you could have two at large members who didn't have the same term as the other five. I think that's a deficiency in the ordinance. I mentioned the quorum which is in Sec. 2. Five members shall constitute a quorum. I have two main objections to it - I don't want to admit as a Councilman that we don't have people in this City who will serve their City on a volunteer basis and second I think the quorum of five is out of line - if you can't get three; third, I believe there should be a further amendment to clarify the ordinance if its passed to have the Mayor appoint these on the same basis. The history which some of you may not know - the previous Council appointed a committee to go over the ordinances for Planning and Zoning Board and the Board of Adjustment. The committee was unanimous and came up with the present ordinance. The Council was also unanimous in adopting that ordinance. Mr. Torcaso introduced these ordinances as was his privilege because . . ~ Regular Meeting, City Council, Aug. 25, 1981 Page 4 80-81-30 . we were having a problem <lith attendance. We have a new Council now, new Boards now. I noticed there have been absentees in the new ones just as there were with the old ones. I suppose there always will be, but I don't think this is the remedy." Joel Weiss, Ellen Weiss, Winter Springs Boulevard, Al Landgraf, Holly Court, Ben Kaplan, Burgos Road, Bill Jacobs, S. Edgemon Ave. and Leanne Grove, Alton Road all spoke in discussion. Motion was made by Councilman Arnold to table indefinitely Ord. No. 249 and Ord. No. 250. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman Torcaso, no; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; motion carried. First Reading of Ord. No. 251, annexation of south 155 feet of Lot 10, Entzminger Farms, etc. (J.M.Hall) Motion was made by Councilman Boyd that we read Ord. No. 251 by title only on first reading). Seconded by Councilman Arnold. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. Attorney Cook read Ord. No. 251 by title only. . First reading of Ord. No. 252, rezoning Lot 12, Block B replat Sheet 2, North Orlando Fourth Add. from R-l to C-l. Motion was made by Councilman Arnold to read Ordinance No. 252 by title only on first reading. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Attorney Cook read Ord. No. 252 by title only on first reading. First reading of Ord. No. 253, assessing in criminal proceedings, in addition to all other costs, an additional $1.00 etc. Motion was made by Councilman Torcaso to read Ord. No. 253 by title only. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. First reading of Ord. No. 254, conveying the planting strip designated on the plat of North Orlando First Add., Blk. 26, etc. Motion was made by Councilman Hartman to read Ord. No. 254 by title only. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Attorney Cook read Ord. No. 254 by title only on first reading. City Manager - Richard Rozansky: Fees/Occupational licenses: At the next meeting Manager Rozansky said he would have a resolution on updated fees. Generator: . . . . --.- ..,.. , Regular Meeting, City Council, Aug. 25, 1981 Corrected Page 5 80-81-30 Manager Rozansky is to go out for bids for a generator. Equipment (ALS) Communications: Motion was made by Councilman Torcaso to purchase the communications equipment as requested by the City Manager in his letter of August 20, 1981. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Council Seat I - Jim Hartman: Councilman Hartman reported that his great grandmother will be 100 years old on Sunday, and he asked if a letter of recognition could be sent to her. Mayor Piland said we will be happy to do so on behalf of the City. Council Seat II - Wilfred Arnold: Nothing to report. Council Seat III - Martin Trencher: Nothing to report. Council Seat IV - Maureen Boyd: Councilman Boyd asked what action would be necessary to request the County Bookmobile to come into Winter Springs. Manager Rozansky and Mayor Piland are to make a request to the Chairman of the Board of County Commissioners. Council Seat V - John Torcaso: Councilman Torcaso talked about the letter of identity from Mr. Dye of the Winter Springs Development Corporation. There will be a CALNO meeting on September 3, 1981 in Sanford. Mayor's Office: Mayor Piland read the Election Proclamation as follows: A Municipal Election will be held in the City of Winter Springs, Florida, on the third day of November, 1981, for the purpose of electing a Mayor, a Councilman Seat II, and a Councilman Seat IV, each for a two year term of office. The places of voting will be 102 N. Moss Road, Fire Station No. 1 for Precinct 13; Fire Station Number 2 on Northern Way for Precinct 50, and the Seventh Day Adventist Church on Moss Road for Precinct 24. The Election Board shall consist of the following workers: Ruth o. Layo, Norma Lang, Charles Lang and Clara Cioce for Precinct 13; Darleen Nordine, Harold Zeimer, Trish Drebert and Gloria Hoenicke for Precinct 24; and Patricia Lombardi, Marguerite Elliott, Mary Mud1er and Eleanor Stok for Precinct 50. Registration Books will close October 3, 1981. S/Troy J. Pi1and,Mayor. Council to set compensation of Election Board (Sec. 2-32). Motion was made by Councilman Torcaso to set the compensation at $40.00 per day. Seconded by Councilman Hartman. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, no; Councilman Trencher, no; motion carried. , 4 . Regular Meeting, City Council, Aug. 25, 1981 Corrected Page 6 80-81-30 Council to designate Canvassing Board (Sec. 2-41). Motion was made by Councilman Boyd that we appoint Councilman Hartman, Councilman Torcaso and City Clerk Mary Norton to the canvassing Board. Seconded by Councilman Torcaso. Discussion. Vote on the motion:Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. Voter Registration will be held on Aug. 29, 1981 from 9:00 a.m. to 12:00 noon. Qualifying time for Mayor, Seat II and Seat IV will be Sept. 1 through Sept. 15, 1981. The bond validation will be held at 1:00 p. m. at the Seminole County Court House Aug. 26 for the S. Seminole Wastewater Transmission Authority. Meeting was adjourned at 9:40 p. m. Respectfully submitted, Approved: ~~h~~ M:~;~ Norton, City Clerk ,MAYOR .