CCMtg10-06-03MinLONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
OCTOBER 6, 2003
7:00 P.M.
Present: Mayor Dan And¢rsoa
Deputy Mayor Steve Miller
Commissioner Bntrh Bundy
Com er Paul LOVes and
Commissioner Johv G Meingof
Richard 3. Taylor, Jr., City Attorney
John J. Drego, City Administrator
Sarah M. Mijares, Ciry Clerk
Tom SmiN, Divi on Manger of Streets/Fleet
Pat Miller, Interim Director of Commvoiry Services
Richard Kombluh, Division Manager of Utilities
Julie W ells, Community Services Coortlinatar
Carol Rogers, Ialuim Director of Financial 3erviees
Jay Sargent, Division Mavager of Planning
Tom Jackson, Chief of Police
L CALL TO ORDER
Mayor Mderson called the regular meeting to order at ]:00 pm.
2. SH,ENT MEDITATION FOLLOWED BY THE PLEDGE OF
ALLEGLINCE.
3. COMMUNITY ANNOUNCEMENTS. The following armouncement
made:
A~ A B/ue Grose Pickln' will beheld ov OGOber Ig, 2003 Prom
6:00 p.ns. until 10:00 pm., Longwood Community Builtling,
20o West Warren Avenue.
4. RECOGNITIONS.
A. District k2 Presenmtion of the Business Person of the Month
Award for October 3003 to Pete Gierrusso of Chopper Design
Services, located at 1366 BennUf Drive, Suite 101.
Deputy Mayor Miller stated that Pete Giarlvsso oponed his
business, Chopper Desigv Services, in Lovgwood January 1999,
beginning with himself avd one employee Iv the fire year they
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generated 845,000 m sales ana aerviae. roaar nis bnamess nos a
oral orae~en employees ana raps nner %goo,ooo m aaiea ana
e. Mr. Giartuso exports his custom parts and momrcycles
worldwide In edditio to building cu mbikes, Ihey se call
modelsof Harley Davidso tureycles. Hebelan es his
between his business, femilynand community involvement[f He
enlly playeda tral part in acharity ride that raisMthousands
of dollars for needy children Picwres were then taken.
5. BOARD APPOINTMENTS.
A. District#S Nominalion to the lmnd Planning Agency.
Commissioner Lovesnand nominated Emert Tolos, 316 Heather
Avenue. Nomination carried by a unanimous voice vote.
6. District N2 At Large Nomination [o tba Code Enforcement
Board.
Mayor Anderson dePerzed the nommat~oa
6. PUBLIC N'POT.
A. Public Participation.
Rosemarie HaII, 2905 Lockwood Boulevard, Deltona, asked if the
Commission has made any daisions regarding the game rooms.
IoAnne Rebello, 30I Loch Lomond Avenue, stated she would Tike to
inquire regarding Item I I B, the public safety charter amendment She
ated she had bee ongst the co oily and there
onfusion. She asked iftliere would be some explanationaou~ ide the
polling place to help unaeraland this issue Sha wanted ~o make the City
Commission aware of the situation and wanted to know iPan}nhing else
was going to be done.
]. CITY ADMWISTRATOR'S REPORT.
Mr. Orago reported Ihaf "Rock the Park" was held this past Saturday, and
well atended. He staled the city may look into holding another event
d~rsing the early part of 2004 and repeal it again in the loner part ofthe
year.
e. MAYOR AND COMMISSIONERS' REPORT.
District#2, Mayor Anderson reported ha attended the "Rock the Pork'
woll evanded and everyone seemed to be enjoying
tnemselves.
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He a nced [here a Korean War Medal the[ [he Governor of Soutli
Korea~~ offerin5 to all veterans of the Korean War.
Ditrict #3. No report.
District p4. Commissioner Bundy stated he has bean active in his
neighborhood wa~ch group. fie stated Officer Clint Gielli was their liaison
umil his promotion He reposed there has been no difference in the quality
of service stone Rerb Stewardson took over. He seated he also eneuded
the "Rock the Park" event and commended staffon the event.
District b3. Commissioner Lovestrand stated there have been some
allegxti made s e the last ting that eedad to be eddrossed_ He
ated the Com ook ac enforce the sign ordina and had
directed the C.ity'Clerk [o notify Mr, Sacken to remov¢ his eigns~ He stated
that there have bee os fiom Comm er Bundy to the
City Clerk and the C'ny COm sing violation ofam wil
rights He goesdooed these attions, endcsmted Commissionw Bundy owes
n apology to the City Commission. Ha Hated that the duties of the City
Clerk ere prescribed by Ordinance and iha City Charter He stated that she
has been 5iven the task of ru sing the slat n the city and herjob
responsibilities are to the whole Commissio~nHe deGared that airy
r who asks the Gerk to perforzn a function for their own
personal 5ratiFloation should be stopped.
Comm er LOV rand moved that the City
Com re COm er BOndy for his ns
niofg the Ciry Clerk_ gecond by Deputy Mayorno
Millen.
Commissioner Bundy stated he was merely pointing out that, if Mr.
Sacken nsidered elected.a ording tothe Charter hem st be sw
within fifteen (1 S) days. tie stated the Commission chose to apply them
Chaser in Ne oasa of his signs, statlng ha was aleoted and no lovger a
candidate. He reiterated, if be was not considered elected, they they were
violati not Mr. Secl:ett lull rights. He atFrmed heiias
ntarFed with the City Admcninmtar or the City Clerk's ability to
perform their dmiea
Comm er Maingot ated they to part uslaz word
Comm er Bondy left out which ias'tha'_ ffteen (1 S) days after the
eledioo sFle stated Mr Sxckett did noI have opposition and entomaticelly
becametha Commissioner FAea on the last day of qualifying tte stated
there is doe sof beingaviable candidate and his name
would Dot Derry m the ballotm
Com er Lov and smted tirm soda to the Clerk w e in
ordumHowever, ihissmemorandnmwes mole then a request Por
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inform n. He stated it coercmn. He reiterated that [his was
wrong action and should be stopped
Deputy Mayor Miller sorted Commissioner Bundy indicated he was only
doing whet Deputy Mayor Miller was quoted as saying in a newspaper
ankle. Fie stated the mamomodum was dated prior to the article. Yle
rated 6ho statement of rewmmendlog the Clerk contaG the Gty Attorney
to pmtect her rights, was interference.
Commissioner Bundy clarified whet he stated. He did this for [he same
reason Deputy Mayor Miller spoke [o the reporter.
Mayor Anders stated this w e tlmt disturbs him. He stated i[
rte the Commission needed to think about. He stated this was
lead ng back to the unfonurmte characterizations that kept the city in the
media. He said he w s aimed and prom sad [his w me[hing he would
of be a pan of, end for any yea s the Com on followed on this
se. fie stated there endency to revsmt back fo the old way
when personal gain is more irvpertant than city business. He stated it was
of appropriate for any single Commissioner to give directive to the Clerk.
He stated the Commission has made a lot of progress by just focusing on
business.
Motion eartied by a four/one roll call vote with
Comm~ssmnm pundy voting nay.
DisMct NI. Commissioner Maingot stated on Tuesday, September 23,
2003, he attended a memorial prayer service for Tony Frances who was
fatally shot in his store on the evening oflune 23, 2003. He slated on
behalf ofthe city, he conveyed sincere wndolences to his family and
es. He reported his family gave praise to the Longwood Police
Department for apprehending the perpetrator.
He repotted that oa Thursday, September 25, 2003, [he Annual Servants of
the People was held at the Sanford Civic Center. He stated there were
elncted officials from throughout Seminole County who served lunch. He
reported this luncheon was a beneft for the Rescue Ouveach Mission and
The Open Daor Shelter for women and children. He stated the higM1light
ofthe event was a presentation to the 18 year old founder, 61ush Belle
Weaver, with the Points of Light Awacd.
He reported that he is member of the Central Florida Society for Historic
Preservation. He stated he needed to address misrepresented facts and
toted an inconea statement nceded correction. He stated [hat money
raised is of for the Ristorlc District, bw frthe wvhibotivg stmcmras
located within the Aismrie Distriel.
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9. CON SF,NT AC,ENDA.
A. Approve Minutes ofthe Sep[embw 22, 2003 Regular Mwting.
B. Finn ce Divi not the Fina rinl $erv es Depart
e
t
s
paymevt of apProvetl and
estimated bllls
far
meods
Ottobw 2o03.
C. The Police Division of the Pobl Safety Department
ends the Ciry Commission appro etbe Purchase of
rte (9) 2006 Police vehicles I}am Don Reid Ford, in the
t of $169,593.00 and au(horiae the City Administrator to
t
Me purchase ordw.
sign
D. City Administrator recommends the City Commission appro
e
aendmevls to the Collwtive Bargaining Agreement betwwn
the City and the International Union of Operating Engineers,
(IUOE) Local fi]3 covwing the White Collar Unit far the
perioA of October 1, 2003 D~rough September 30, 2005.
E. City Administrator recommends the City Commission approv
e
iendmeob to the Collective Bnrgaining Agrwment betwwn
the City and Dre International Union o[ Operating Engiowrs,
(lUOE) Loea16]3 covering [he Blvc Collar Unit for the parlod
of October 1, 2003 through September 30, 2005.
F. The Fire Division recommends the Ciry Commission approvea
atl between the City and Advanced Onm Processing
(ADP) [or the ambulance billing and relnted professional
servmes and anthorixe the MaYOr lo.aign the contract.
G. City Adm ends the Ciry Commission appro
iv
s
e
entlme te
to lbe Collat
e Hargalning Agrw it between
the City and the Tea rsLocal Union No. 385 for the period
of October 1, 2003 through September 30, 2005.
H. Computer Serv es Division of the Financial Services
Depart ends the City COn napProve
io
t
payment
the
a tot $34}50 to H.T,ES' Inc. for.anm~el
software maintenantt upgrades and support.
Deputy Mayor Miller moved ~o approve the Consent
Agenda as submined. Sewed by Commissioner
tgvestmnd entl cartied by a unanimous roll cell vote
10. PUD LIC HEARINGS. None
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Il. REOOIAR BOSINFSS.
A. City Admi ends the City Commission read by
title only, setaOetaber 20, 2003, as a public hearing date, end
npprove the tint reading of Ordinance 0}1676 amending
Chapter 13.5 of the Gty Cede to ioclu0e regulations and fees
rot the t.ongwooa cammnnity Bnelamg.
Mr. Taylor read Ordinance No. 03-I b]b by title oNy.
Deputy Mayor Miller moved to approve Ne first reading of
Ordinance No. 03-1676 and se[ October 20, 2003 as the
public hearing date. Second by Commissioner Bundy.
Commissioner Lovesttand questioned, Section 13.5-Ib'. (E), Class
D Rentala being exempt. He azazed the Cenral Plorida Society Por
Historical Preservation is a private organ"vation, not a public
organ'vatioq end should respect all the rules and regulations.
Mr. Drago states this was the verbiage previousty approved. He
also asked the Commission to amend, wdm [his same section,
paragraphs (B) and (C) to add the verbiage, nr changes, after the
word Cmxe!lanon.
Mayor Anderson moved w amend, as proposed by the City
Administrator, Section 13.5-Ib parmgraphs (B)and (C) ro
read CaiselJaria+or cnmtgesJor arty event Second by
Com er Lovevrend and carried by a unanimous
Commissioner Bundy pointed out that the Historical Society Ims
er usetl the Community Building for their meanings He slated
when they did use the Community Building for the Christmas in
Old Longwood, they did pay the regular rote.
Mayor Anderson moved that an amendmem be considered
to placing a lime frame ro the second semence under Class
D Rental during [he public hearing. Second by
Commissionm Lovestrend and carried by a unanimous
Main motion carried by a unanimous roll call vote.
B. City Administrator recommends the City Commission reviews
proposed Bier concerning the charter amendment antl give
s[aRlhe direction deemed appropriate.
Mr. Drego introduced the board item and reviewM a dmB
proposed Flier explaining that public saf ywould not be
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ompro sad as well as explaining thew vings. He suggested
this be added to thewa[er bills and include it ~n the newslutu_
Comm er Lov and m ved to change the vubiage i
thesecond paragceph to'Yha position of Police Chief and n
Fire Chiethas been elevamd to department heed and
reports directly to the Administrator' and an organisational
chart be included as pan of the document. Sewnded by
DePury Mayor Miller.
piscussion was held regarding an organizational than being
included as part of the document.
Motion carried by a unanimous voiw vote.
C. The Planning Division of the Commtmity Services Depart tit
ends the city commiaaian review and discuss stem
proposed Historic District Use Categories and take anion Ina
Commission drems appropriate.
Mr. Drago Hated the Com on had before them andum
from the Planning Diviaiov rsewmmendivg enavges to the r
dot ved under this agenda i m. He asked they work
from the memotmndum and the attached draft, and that Mr. Miller
and Ms. Walls would make the preservation based ov this
information.
Mr Miller stated sta6~hed been directed to develop Historic
Dist categories in kcepivg with the Longwood Hietodc Mestu
Plan~ttle smted the revised document utilizes existing information
from Longwood and other local gov s. He s ated. after
talking with business owners [hey Pound husinesses that receive
large shipme is delivered by tr milers oolym
e their goods Ple stated then endation allows for
local delive os bytt milers and tleiey would also likes
o allow for p akup ofgoads. He smted that steEf he~
empted to provide tamgori in keeping witb the Histonc
Master Plaq balandng speeiEe end general categories-
Ms. Walls advised s[aff divided the Hist tic Dist
eas; Downtown Historic Land Use and Srorefrom Hlswrio Land
Use She reviewed categories Porthasa areas to include;
FAuce nal, Govetvmental, Mediea4liwpimliry, Lovgwood
Hotel, Profssional, Residential, Roeail, and Gther She reviewed
the supplemental regvir menu
Deputy Mayor Millar rated that as he passed the Culinary Cottage
rte noticed there were boxes stacked outside in fiont ofthe
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building. He stated this mould be wnstmed as outdoor staging. He
stated he would like to see an outdoor staging time @ame limit so
to hindrr businesses. He steed a reasonable time frame
would allow businesses the time needed to unpack avd store
shipments received.
Commissioner Maingot Hated the definition of outdoor staging
needs to be clarif ed. He suggested a reasonable time flame ofone
business day. He stated they want to encourage businesses to be in
the Hinoric District and preserve what is there. He stated the brick
paved streets would suffer 6om truck deliveries.
Mr. Dmge ciaritied the defini[ n of Waging w actor to include
the prohibition of prose slug deliveries He stated the wncem i& iP
a business receives a large number of boxes, that they move these
inside within a reasonable period oftime.
Dismssion was held regazding storage buildings.
Comm er Love and stated he would not want to pass an
ordinance that places a fivavcial burden.
Deputy Mayor Miller affirmed the document Hates that all repairs
restoration of goods must be done inside the main building or
approved outbuilding. Ha reiterated he mold not vote in support
ofthis unless the language is changed to allow the bus to keep
their product outdoors as Tong as ~t ~s inside before the evdsof a
regular business day.
Mayor Anderson stated he can respect that it takes time to take a
delivery and the aced to unpack and sort the product. He stated
that adminisira[ion is trying [o address the issue of name being
outside. Ha acknowledged it hivges down to addressing [he
language to allow deliveries and time for moving the items inside.
Depary Mayor Miller moved to tablethe item for one
eating, bringing it beck whh amended languagz
Seconded by Commissioner Maingot and cartiM by a
unanimous vmce vote.
D. Deputy Mnpor Miller requeata lbe City Commission discuss the
paseibie removal of the City Attorvey.
Deputy Mayor Miller introduced the board item and read a
prepared introduction He Wined he has been unmmfortabie with
the manner, in which the City Anomay has rendered his opinions
about various subjects. He Hated he believed the attorney's Ern
responsibility was to represent avd praect the people ofLOngwood
CC 10.06A3/61 t
in legal matters only. He stated he has lose wnFldence in Mr.
Taylor.
Deputy Mayor Miller moved for dismissal of Mr. Taylor as
the City Attorney because he has acted unprofessionally on
many oocasion.c he has given improper legal advice on
many occasions, and has caused intnruptions in the
Commission with non-legal opinions and he has lost
wnfidence in him. Seconded by Commissioner
Lovestrand.
Mayor Mduson reed fiom the Charter the following; "A mnNou ro
dscharge shall co n the gou»dsfronr which the m
orr Is
based The J to l the w e thererywn ,who]! no ar the s me
Comm Ling ar which the r mode wrd duly a
fsston mee
onded. Sold gJfioes~ ted xhall be errtltled taapubfle
hearing uynrr request ya'for o the takhrg ojrhe ro e uprnr m y
to disdxmgz" Restated it was reasonable wsetthis for
the next City Commission meeting.
Mr. Drago stated the Chart r spells out the procedural pro
requited Hes aced it requir [this tinge andsthe
eeds to be voted on ro move itno the fnllowivg m acing
fo~ta public hearing in order to disc ss the charges and give Mr.
Taylor an opportunity to respond. }te stated if this is moved
forward to the next meeting ho would request permission tc bring
in special counsel to guide through the process.
Commissioner Lovestrand moved to bring this item
forward to the Hen meeting's agenda to discuss and vote on
thei at that time, and allow the City Administrator to
eek any Vrofess real help that he needs along these lines.
Sewnded by Deputy Mayor Miller.
Mayor Andersov asked for poim of order if the motion to
discharge by Deputy Mayor Miller was the motion that needed to
be voted on ve forward or if a second motion was required to
mope r rwam. m
Discussion was held regarding the moron and process to follow.
Mr. Drago urged the commission to follow this section ofthe
Charter prec sely. He advised the motion needs to Hate specifically
the grounds for the mrtnivation.
Commissioner Lovesttand withdrew his motion.
CC 160603/612
Deputy Mayor Miller reitere[M he moved to dismiss Mr. Taylor
because he has ailed unprofessionally on many occasions. He has
given improper legal advice on many occasions, and has causM
erruptions in the Commission with non-legal opinions; and he
has lost wnfdence in him.
Mr. Drago advised in order to go to the next step, the motion
nailed to be voted on. He stated ifthe motion gels three votes, the
matter would move f aril [o the nett Commission meeting, and
ifthe motion does not get thra votes then the maser does not
move forward.
Motion Called to cartY by a thra/hvo roll call voce, with
Mayor Anderson, Commissioner Bundy end Commissioner
Maingot voting nay, a~M Deputy Mayor Miller and
Commissioner Lovestrand voing aye.
12. CITYATTORNEY'S REPORT.
Mr. Taylor addressed the issue ofadult arcades. He stated he has been
discussing and trying to coordicece with other cities in the county in order
to have consistent regulationswith regards to adult arcades. He advisM,
the emergency ordinance was for siny days and the Commission would
nced to move forward with an ordinance to regulate adult arcades or state
they constitute unlawful gambling. He also stated another option would be
Cor the ordrtance to regulate the caning ofwhareto locsteadult arcades
Commissioner Maingot inquired if Mr. Taylor has heard an}nhing from his
colleagues.
Mr. Taylor stated he has diswssM this issue with some of his collagues,
but he proposed they meet to discuss the issue and that this meeting has
not yet occurzM. He advised that ifwanting to propose an ordinance, the
Commission would neM to nan the process with Ne neat mewing so that
the moratorium does not expve. He advisM if they staze it is unlawful,
then an ordi~tance would not be nadM to regulate. He stetM that in the
search wnduaM, neither the Department of Flotide Law Enforcement,
nor the Attorney General had definite opinions regarding this issue.
cam m essay 5ngge5lM e~uctmg an oraiaan nmg me
ommd~~mnr r a spamc amonm oesme. He StazM no aia of wanno
put the city at legal risk.
Com er Maingot askM if four onths would be suRCient time to
mcet with other mlleagues and arrive to a wnsensus.
Mr. Taylor respondM in the aRrmative
CC 10-0603/613
Commissioner Maingot moved ~o brin5 forth an ordivnce
enablinb a moratorium extending the current moratorium
for another four months. Seconded by Deputy Mayor
Miller and cartied by a unanimous voice voce.
t3. CITY CLERK'S REPORT. No report.
t4. ADJOURN. Mayor Anderson adjourned the meeting at 6.4]p. m.
'~ j' ~~
Daniel J. Anderson. Mayor
ATTES'e
~ ~~
Sarah M. Mijares, City Clerk
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Tbis page left blank infentlonally.
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