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CCMtg08-18-03MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES AUGUST 18, 2003 7:00 P.M. Present: Mayor Dan Anderson Deputy Mayor Steve Miller (Arrived at 7:30 p.nr.) Comnasamaee Batch Bnndy Commissioner Paal Lovestrand C.Inak,laner John C. Maingat Richard S. Taylor, Jr., City At —a, John J. Drag,, City Adminislnnor Sarah M. Mijares, City Clerk dohs Broek, Director of Community Services Tom Jackson, Chief of Police Carol Rogers, Interim Finance Director Richard K—long Division Manager of Utilities I. CALL TO ORDER Mayor Anderson called a regular meeting toorder It 707 p m. 2. A moment of SILENT MEDITATION was FOLLOWED BY THE PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. None Q. RECOGNITIONS. A. Presemalimi of the 2003 Key to the City Award to Manuel A. Toro. Commissioner MainKot reatl a brief biography that outlined Mr. Toro wmpiisl,mmns and ily involvements. then presorted Mr_'fom with the Annu-1al Ely I,the City Awardd. Photographs werethen taken. B. Di,aAd#2 Naminatioa of the Business Person ofthe Month Award for September 2603. Mayor Anderson nominated Merrill Sc1,6 char oCPrecision Automotive located at 268 Eon Palmetto Avenue 89 Business Person f,he Month Award for September 2003. Nomination CC 08-18-03156a ,,imi,d by . unanimous voi,, —, by the City C-mm with Deputy Mayor Mill,, absent. 5. BOARD APPOINTMENTS. A. Diltlilt #2 N.M11till to t1l, Board of Adjustment. Mayor AM-- dlf,,W his ..mfi- I, Dildlilt #4 N.1i.lfiln to the P-1,1 and Rerrealion AdOl.,, lkiii,d. C..,i,,i.... Bundy ..iltibd Judy Nm 280 W- Warren A—. Ni-ination carried by. —m —,, with Mayor And,— C.lt.. B,,lly W Cit.--- mai.got —mg aye, with L--d -mg nay and Deputy My,, Miller absent Districtfit N—h—il. I. the B11A IfAdjolblltd. Commissioner M.i.pt deferred his —ilidw, 6. PUBLIC INPUT. A. Public Nftkipiai— N- 7. CM ADMINISTRATOR'S REPORT. Mr. D,,V wanted to let the public and the Commission know he parking 1,,lin Dont of tFe Community Building is being fixed. He said in the lt, the city —pl,... will be perking at Ill, Church and it, the propertythat thecity owns in from Ifthe hotel. H, said anyone who uses otherpity 6,61bil—1 the —,,k,ld, MU b, in dill t, p,,k at City Hall it —the b— oflhe hotel M,. D.go said he had some di--- with Florida P--it,i- t. the Slull—ill Agreement and they have t, 1, the i,hy dt,l . additional $150,000 f., . ­j- ff,m the l—ld of money the city would Jdh—w,,pUF1,Hd.P— - Hlid that ill b,i,,gthe ...- down to $220,423 46 and the city does not have to make ththepayment until the coon dismisses the 8. MAYOR AND COMMISSIONEWREPORT. District #4 C,,dylit,,it Perk that tkeoity sponsors He noted there wore a lot ofvolunteers that participated and staff members that put a lot of hard work o this t. He said lhis event wes well received and said there were 1pp—mliddy 400 people In attendance. CC 08-18-031565 111, 111i. a Commissioner Maingot said he would like i—I Night the as Comp cr Bondy regarding National Night Out. He said this nook a lot ofdedioa tt prepare and a Ior of hard work by many peopla Fle conveyed id� thanks to e�eryone that was mvdved and said there were an estimated 400 people It attendance. Coen er-mgot oted in his closing andf—r ]l words to the head pars n of PE, he said he is going to keep on mp of them and insure PE performs and meet the demands vested in them for the oext 30 years. He said this evenimg, Mr_ Blakenshiµ 164 East Maine Avenue, had a tree bmnoh fall end tear the power lines from bis home. He said it took Mr_ Elder ship 4 days and 13 telephone calls before PE responded and inquired ifthis is the service the city exp,ms to get for the next 30 years. District 92. Mayor Anderson said he anended National Night Out and said it onderfui success. Ile said it was great to see so many people — out and enjoy their neighborhood and their community_ Mayor Anderson said the Longwood Dab, Ruth Baseball has had a mendoos success in signing up playas for the upcoming fail veasoa He said they will be adding at least one new team per league. Distna 43_ Ali — CO SENTAGENDA. A. Approve Minntcaof Augas14,2003Regular Meeting. B. Fine ce Divisimt oflhe Financial Services Department ends payment ofapproved and estimated bills far Atilt- 2003. C. Finance Division of the Financial Services Department ends approval of the h1onttdy Financial Report for July 2003. D, Personntel Division oftlte Financial Services Department sods the City Conmnapp-1 the transfer of emmmlnted vacation ieaveta Tnni Taylor from various city ployees. E. TI, City Administrator recommends that dt,City Coen n app— n "Itid-til Agre tt between the City of Longwood and S,mhmie County relative to 0, Community Development Block Graot (CDBG) Program for Program Vear 200}2004. The CDBG grunt will bean amount not to exceed 5488,499.00, CC 08-18-03/566 F. The Engineering Division oftbI Community Services Depart ends the City Com and Bid #1303 for the East Jessup Avenue lmpro is Project to Cen ral Florid. Env ental Corp. it the amoo.t of $588,719.20 and IdWin the Mayor to sign the contract. G. City Admt Intl, the Chy Com onfirn Hie appoin ant of Patrick Miller as the interim Director of Commmnity S"i" for six months. H. The Engineering Division of the Community Services Department recommends the City Commiuion approve a Chang, Order in the amount of S3'1,250.00 to Central Florida Environmental Corp. far an mansion of the Lemon Lane Stormwater Line Repair project Commissioner Bundy moved to approve the Consent Agendas submitted. Seconded by Commissmner Maingot. Cam er Bundy said there rreotioa to the Minutes of Augurst 4,' 2003 on Page 559. 14 said the motion should read as, "Comm er Bundy moved ro have the City Admi o dire.[ staff to look into the most eff-w, means of rapidly ,,,mimg the ret,ntion area to alleviate the immediate necessity." Commissioner Bundy emended his motion to include the n ofthe Minutes ofAugast 4, 2003. Seconded by Commissioner Maingot and carried by a unanimous roll call vote by the City Commission with Deputy Mayor Miller absent. 10. PUBLICHEARINGS. A. City Administrator reeommends the City Commission read by till¢ only and adopt Ordinance 03-1— proposing.. meIII,- to the City Chaney abolishing the Puhlic Safety Department and Di —of Publk Saf ty position. Mr. Taylor said he had proofof publiretion for this and all public hearings listed on the agenda He read Ordinen,e No. 03-1667 by litle,nly- Mayor Anderson opened the public hearing. No one spoke in favor or m opposition. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Bundy and carried by a CC 08-1 -o3/50 to by the City Commi,i-with Deputy May., Millerab—t Commissioner Bundy moved to adopt Ordinance N,. 03- 1667. Seconded by Commissioner Maingot_ Commissioner Maingot said for clarifcation, this issue is not doing way with the Longwood Police and/or Fire Department. Hesaid there have been some mi`,tder—di.p ofwhat the issue is all about. He asked if something mould be prepared and circulated more than once to the citizens so they anti understand the ivsoe. Motion carried by a unanimous roll call vote by the City Commission with Deputy Mayor Miller At— B. City Administrator recommends the City Cmnntission read by title only and adopt Ordinance 03-1668 establishing a Solid Waste and Recycling Callectioa Services Contract with Waste Pro. Mr. Taylor reed Ordinance No. 03-1668 by title only, Mr. Taylor noted Florida Recycling Services filed a lawsuit against thecityand they are challenging the bid process and award. He ended the City Com ve forward with the Ordi a and said the law cold not affect the award to the or. He noted Ihat Florida Recycling had also filed a lawsuit agamvffie City of Oviedo. He said he bad reviewed the contract _'idtimes and under Section 11.5 - A�rd.yj_Cgnlracy he would like to add a sentence at the end of the paragraph that .-I"Any merger or acquisition of Waste Pro would wnstitute m ssignment pursuant w Ihis ag'--t.' Mayor Anderson opened the public hearing. No o e spoke in favor. Nidina Tolos, Highland Hills Subdivision, stated she is not speaking in favor or in opposition. She read the wort and said the wntract does not address people who are disabled and having them pay for curb service and waiving the fee f r back door e. She said if the --a doe t address this .she would ask the Commission amend the contract I include language to ptoten the people who need this service Commissioner Maingot moved to close the public hearing. S—ib,,I by Commissioner t.ovestrand and monied by a CC 08-IS-CV568 to by the City Commission with Deputy MayornMilletabsem. Commissionm Lovestrand moved b, approve Item 10 B, Ordinance No. 03-1669 with the W-b,y s amended language. Seconded by Commissioner Maiogot. Comm er Lov rend asked the City Admi or how any pgople/famil ies are affected by this and have disabled adults that cannot take their garbage to the sidewalks. Mr. Drago responded saying the quantity would be small, but said he could not quantify what ..It is. Com er Lov rnad said the suMltilb bmbd, well, but if they cannot quantify il, then he has a problem with it. Mr. Dsaid the way the umtract is setup, the comtraaor has w merago before the Com on yearly to ask for e if the .1-Yeor dee s app mpna e. He said the Com —Id end the w tin and imwde a rme that would take tarn ofthat wncem. Commissioner Bundy said since waste is a public service, then it might fill under the A.D A, guidelines and the wntraaor may be required w make reasonable accommodations. H928YLB. Waste Pro, said he did not rlb,, the issue was not in the contract and stated it usually is included in their wntraas. He said the situation where he had a problem is when there is a household with an elderly mother that is handicapped and f ur healteenagers aasked for that no t be a handicapped home thy nd . F(e said ifthere sa handicapped pars and there home, except forthat handicapped peuson, then Waste Pro would be willing to add then to the —VW and have the rear door service the same as the utb side service. Mayor Anderson said there are some people who need this service and use the service. He noted the contramor is M11 mg to service them anmaa mo d ke dati s. He said this ould be s meshing that is brought be —the Commtssi-after havimgm re i—m study the issue. Deputy Mayor Miller arrived Motion carried by a unanimous roll call vote. 11. REGULAR BIISINES& CC 08-18-O3/569 A. City Clerk reeo l—dis the City Commission appoint, Canvassing Board for file November 4, 2003 City or Longwood ¢Ittnmt, comprised of the City Clerk and Iwo members of tM1e city commission, ar h, a-earaanr- with me city case, alternative membtrs as may be aPp pIi.b,, t111nv11, the d issae its cenifiwtes, inee, a —I —wins ate City Code riand the State Ela imt laws. Mr. Drag, sealed he had spoken with M, Mib— regarding this and the last -the Comson had a Can sing Board, they appointed tw ntheoar bd along tillathe City Clerk. He said the Commission has some options and can either appoint a commiasioner and areaid—, two commission „o tw -idem, Commissioner Lov I—d suggested Mayor Anderson serve onthe Canvassing Board. Mayor Andersl,said there ethat suggested and that is the former City Clerk. Mrs,Geraldine Zamabri. Deputy Mayor Miller nominated Mr. Ed Fagan to serve on the Canvassing Board. Mayor AtMe —asked if there were any other nominations and ated there were two nomination, Geraldine Zambri and Ed Fagan. Deputy Mayor Miller nominated lack Smythas an alternate for the Canvassing Board. Depn,y Mayor Miller moved to appoint Geraldine Zambri. Ed Fagan, and alternate Jack Smythers to serve,n the Canvassing Board. Seconddl by Commissioner 6undy and tamed by a unanimous vmc- vote. B. City Administrator recammeatds l be City Commission adapt Resolution 0}IM authorising the ballot language for the proposed Charter Amendment to abolish the Public Safey Department and the Di —id, of .bli, Safety position. Mr. Taylor read Resolution No. 03-1078 by title wily. Deputy Mayor Mille, moved to pass Resolution No. 03- 1078. Seconded by Commissioner Maingol. Mayor Anderson read the question to be placed on the ballot to the audiettoe- CC OB-IS-03/5')0 Motion carried by a unanimous roll C. Commissioner Paul LoveIt—td requests the City Commission It... tkom Mr. George McKenzie concerning the use of the Com mm.ity Building fur the evening of November 4, 2003. Comm er Love and stared his len of quite 11.111 [hei n the Agenda Hesaid the issue has two pans. Hesaid the first Dan was to hear from George McKenzie and/or JoAnne Rebell, whomever [he Commission fell more appropriate to speak d the i — 1de said because - ,d ha— H, he felt it demonstrated the needto have.. ordinance. Hesaid that schedule and the reservation plan for the Community Builing need to be md into an ordinance and as part two, asked the t, w cemmiaaien ro nsider an orainanw. Commissioner Bundy said m accordance with Florida Statutes Senion 112.3143 he has a potential conflia, He eked for elarifcation fiom the City A—o si ce hie wife would be forced to pay several hundred dollars for rentn Mr. Taylor stated most rthe Attorney General Opinions deal with pxoniary gain and since Commissioner Bundy was going to spend oney, this would not make it a confict as a lot of case law and omey generals opioi e. He said si ce Com Bundy would be direraly involved m [he ou[w— in hit opinion, it wool still --it— a concoct. jpAnne RgkielS 301 Loch I.omand Avenue, stated that on October 7, 2002, s Fee Schedule and Rules concerning the Community Building She were unanimously approved by the Commission. ated on July'/, 2003, there was a revision to the fee schedule and the revision dealt with clean up costs, power, and proof of residency. She stated on August 1", she approached Mrs. Behling about the availability Ott Community Building for November and Mrs. Behling checked her 000tram bwk and informed Ms. Rebello there was no wntran or deposit for that date. w itosr be vailabh, Ms. Rebello expressed her desire to reserve it on behalf of Mr. McKenzie and statN she did a contract wrote ou[ a deposit check and gave them to Mrs. Behling. Slre said when Mrs. Behling went to —,,J the booking m the date book, she became easy about a her name that had been penciled in. She asked Mrs. Behling if there was a signed worst[ and/or deposi[ for November 4 and Mrs. Behling I M her no. She believed the n she signed oe behalf of Mr McKenzie and accepted on August l"w valid and binding. She then read part fthe Rules concerning reservations. CC 08-I8-03/57I Geprgg_MCKenzie. 321 Balogh Place, asked the Commission to enforce their "'I" 'I with respec rvibg the Comm nity Building He said the rules re qui[ imple and requir adepus and a., 11used cod—. lie said he had met the coed [ions and the person who had 0,6, name penciled irl did not put down a ,epos and this doe q. He askoil asked the y honor FI, contract and �taed they ea of have rules for ova peson enU an,lher tol'mles for bother_ Hesaidthe Community Building is aspublic building and consequently the people have a tight [o b thetse of thebvilding a ad the rules mid R,,bl nagein and reservation. ,ildmIR, gges+ed the Rules and Itegvlations for the Community Building he enaual by ordinance. Com er Love and m ved to let Mr. McKenzie have the Community Buildng on the night he has reserved for. Seconded by Deputy Mayor Miller. Com or Bundy re quested the City Administrate go into more detail as to the erect segue ce of events. Mr_ Drago said he did,, I know what the eraq sequence of events re bet se he w n 1 privy to any w n that ook plat baw nehe pas awhowmed b, nthe Con nity Building and the staff person responsble. H—iIudthereasonforhisrvling s tim,,fff ets whow ncha billy the Comm nity Building refusal .ental of the Community Building to anyone else whow bred the building on November 'I. Therefore, he determined that Mrs_ Bundy was emittet d to the building, even though she did not give him a signed contractor deposit at the time shehad asked for tFp building. Hesaidde Commission has three choices: they can ophelddommendation, give it to Mr. MCKenve, or rent the buildi.iog Io no one. Com er Bundy said ev n though he has bee ccused of sing hiss inn—,, to do this, he stated that he did not have anything to do wit], Rd' issue_ He stated on three sapamte ns, Mrs. Bundy asked Mrs. Welsh if she needed lb bring a check by and Mrs. Walsh told her w because Ili— was plenty of to do that. He said at the t me Mrs. Bundy w making alpplica at the boo mof the formth, as faxed, it rated that M" wa's required at the time of c-dy so she was going by what Mrs.Walsh said. Heasid Mrs.Bundy had relied iiffb tall person, and i p stal h bld n gave her the wrong information. they the s[affpason should have some responsibility in this N. Deputy Mayor Miller said the City Administrator clearly admitted that he was nut privy to any conversation and he made a mling CC 08-18-03/572 based on omplete inform - He stated the ,Wes clearly st what the roles clearly state. He said it is his duty and responsibilhy to kno what the rules and to unders and the roles. He said im this se, if there toted by the other patty and Mr. McKetvie and Mrs. Rebel to clearly went in, gave them the nay, and signed a a, he didn't any reason whatsoever It delay their occupation ofthe building, Commissioner Maingot stated he was going to support the motion and would like to think there a possibi lily If tbisomodation being made with the ptt volved. He kne would probably cause griefto some peopl,. but felt he was seeking whet was best for the mterestr of tl uty and the individuals concerned. He asked those individuals involved to Mnsidet the opportmnities that have been given to them and to step forward and try to bang this mane, to a resolution_ Commissioner Loves mdsaid there were some questions of fact that are hard because the s1W,, i, isn't here and Mr. D., aced he really didn't have ample time to question her He said e ofthe things that was pointed out to him by Mr_ WK—ie as the person or persons who were refused earlier; one of them was Mr. MOKenzie. He stated m the mnng, he was told that he mould not have the building because someone else had reserved it. He agreed with Commissioner Maingot and hoped they wuld put this behind them quickly and pointed out the need for m ordinance. Commissioner Bundy stated he didn't care who gm, the buildimg, end has ested in t. He said he certainly would not have any herd feelings t wards any members fthe Comm n. He said it was an item of insignificance and thought the rev ofthe Commissioners need to vote on and move on because they have import tit thimgst mthamselve with. He said he agreed with Com e,Loveslrand that they needed some further clarifcatiant on some things with the Community Buildin,. Mayor Anderson said the Commission heard from one side tonight. He said there a let ofwher inform which he had heard which was not brought forth at the meeting and the pwd,, chose to d - that forth. ,said there a pencil m,t that did out follow all the rules He sk, udey had another one than followed sll the rules, a the chwk, and had a a. Ht w inclined to support the motion to allow Mr MCKenwne ro naethe us building. He said as far as having an ordinance, he didn't think i, wssary. He said the tubes were adopted by the Commission, they are published, and the City Adminisirann and CC 08-18-03/573 his designce nre responsible for following the rules_ He said the only thing necessary is to follow rite rules. Mot rzied by a wi[h Com nef Bundyaab-ilmg due to, conflict of hIl— Com ser Love and stated it should ben ordina ce bee sn if it bidbcen an ordiosoae, people would have observed it to the Jett r_ He said loth,, reason for the ordinance is public input He said the people of Longwood own this Community Building and felt they have the right to have a say into how much [hey should charge and have a tight to be heard if they wan[ to be heard on how the city should nm the building. Commissioner Lovestrand moved to have the City Adl' hi-- bring fonh ai ordina codify the Rules and Pee SeheMle for the Community Building Seconded by Deputy Mayor Will and c,Ried by , unanimous voice D. City Adntinilblilor reemnmends the City Commission read by till, only and set September 8, 2003 as a Pablie I{earing date and approve the first rending of Ordinance 03-1670 which declares Ihat an emergency exists in the Highland Hills and The Lan dings Subdivisions due to severe Rnndil ,w ling the ompetilive bid procedures and increasing the purchasing authority of the City Adntinistralof. Mr. Taylor r.d Ordinance No. 03-167D by [isle only. Deputy Mayor Miller moved to pass OrdinanceNo.03- I670 at first reading and set September 8, 2003. as a public hearing date Seconded by Commissioner Bundy and carried by a unanimous roll call vole. 12. CITYATTORNEY'SREPORT. A. Pfaclaiming the City of Longwood Cenefal Election- Nove — 1, NO. Mr_ Taylor read the proolamation in its entirety Mr_ Taylor requested author on Fom the City Comm soon to respond to the law h from Florida Recycling Services. s Deputy Mayor Mille, moved far the Ciry Altomey w respond w [he lawsuit Seconded by CC 09 18 031574 Commissioner Maingor and tamed by a unanimous 13. CITY CLERK'S REPORT. No report. Id. ADJOURN. Mayor Anderson adjourned the meeting ar 8.12pm. ATTEST` S—h M.Mijar City Clerk Daniel 3. AnJe n, Mflyor` CC 08 18-031575 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3—, FLORIDA STATUTES c o popsny,o c:n»�aieercmei+oiaer lwnare.re snores ui nawNu�ana+ ELECTED OFFICERS: APPOINTED OFFICERS: APPOINTED OFFICERS (... i-A) -w mua ron+aaea air xe �ni�e�md �ua mnneun ovorc arua DISCLOSURE OF LOCAL OFFICER'S INTEREST Ia)Hmaw�e mme oevnil uxna eetor ywnivn <enedaone�