CCMtg04-20-98MinLongvood0 city C Cssion C ers
Longvood,~Plorida 32 s5o
nutes
Apr 1120, 1998
Present. Mayo[ Rusty Miles
Deputy Mayor a argent
a~lsb and
commissioner s miner
omsneico esmiinamcicy nami~istrator
alaine D ity clerk
ionara s Tayioe~is iey A ney
rry H ofrPUblic Safety
John B a£ C ity s
arMitchell, D oofuAdmin.es .ices
Aho~aa Leafora, Perehaeing Manager
ADEN. Mayor Miles called a regalar meetiag to order
at 7.c4 Ep m0 O
3. COMMUNITY ANNOUNCEMENTS. TTeee were no announcements.
4. PROCLAMATIONS/AE
A. istrict #1cPresen[at ion of e
Month, Ap[i1, 1998, Co Paul Harf ords Electone, Inc.
Deferred due to inability of Mr. Narford [o be in attendance.
B. t 62 Nomination of Business Person of the Month,
Maytr1998.
Deferred to next meeting.
£ A.~ D[strictME#NTNOmination to Chartee Advisory Board.
Miller n immy Ross.
Nomination carried by voice vote.
B. Distrvct #4 Nomination [o Charter Advisory Board.
Commissioner Vacca asked to defer her nomination.
CC 9-2o-9A\113
A. entation - rug F rogram -shoran
Cook, Florida Hospi to leCentra Care.
Mayoe Miles a the rescheduling of the presentation to the
May a, isse meetingea
B. Public Input.
se 1, representing w nagement of Orlando, spoke
Sth respect t motion they h atf filed t and
of a solid w t last week < Flor idaoRecyclings aThey
referred t asfewco cthat they bel~eved justified and required
consideration of theeaward.
. Tayl oe interjected saying M right t
speak, a Rules andvP cetlureshaa ell a the
AttorneysG ra lmm1op inion a allow the public to speak
any i sthey may w the c
a procedurehforoappealingubidnpaocedu resma
Management has frlea that appeal through the purchasi nq managers
n Gessell c saying the s cYion of the code that M
Taylor r red t snfor a appeal t e purchasing m nager'sr
efhowevero they a enf aced with a n decision a
heduled forof irstr~eading laterna
ragendaaw side nt ial s May 5. He
then c uedctocdiscusssc aspects of ethecbidn
specifications, bid submissionarand c upon which the bid
arded and that he believed the cityrs Sider.
sel said he knew the city w nea la litigation
and s nagement w e the city bCUt
siderationMi asta M nagement will
e to performuat thekc bid rates
so lvea.u Ne further saidtthercity i clearly
allowedht siderrt e providee's experience with i
city. And, c~ rebateeislfactored i the rate differential
becomes very n reputation a ial stability
n lawfully berc sideredlin the evaluations f all things
nagement's bid is the m esponsive,
esponsiblerbad andtwou ld appreciate reconsrderation of waste's
proposal, if you so choose.
ity knows the type of servrce waste Management has
prow ided.c
To los, Highland Hills, with respect t
Renovatrons Srsted on the consent agenda, suggestedhthaTrsom
CC 4-20-98\112
go to look at the Lake Mary City Commissron Chambers; e p cial ly
the layout.
. Tolos addressed the solitl w ith respect to
discussion on gua ra nteeinq r esheasaid<page ]
allows for i [he r and w onfused withmrespect
not r ing r Also,cquotes w requested
andranl0 nyear c ,ayet the ordinance addsea
additional three years t e-year contract. ithnrespect
the penalties, she saidt[ e penalties have been in prior
franchise agreements antl t itymh collected o e penny
from any company a there ha scbeen n wayeof implementing the
penalties, she also quest ionea implementing a rative
fee saying now the city can increase the rateewh enevertit wants.
A. Consider purchase of property for recreation.
Mr. Smith eequested the commrssion direction on whether to pursue
tit the i estigation of the acquisition
of sania nao Ut it itees ss completes.
B. Year 2000 Information Update.
tchell responded to questions with eegard t the
nal m o provided by M dated April 1 1996, o
the subject m ing M shad provided e ted t
for comp letiontofrthe items andOthat there were no signif icantes
costs involved.
C. Adoption of budget by ordinance vs. resolution.
sessions. Seconded by Deputy Mayor Sargent.
Miller spoke i ing by o s he
didmn why w wou ltl a3lowaor cause money to berspent<without
p lsc hearing.e
Deputy Mayor Sargent withdrew h1s second saying he
Cc q-2o-96\113
also believed, i e buaget i d by
ordrnance, the public Ss protected.pt
Mayoe Miles said he had no problem with adoption by ordinance as
long a s done i expedient m ould b
much rn favor of havingna budget passeaew ithMthree categories--
prefer[ed r solution. Mainly b logs to
effect a transfer a C times,ctheedel ayacan cost the city
money.
Commissioner Miller and Commissioner Lovestrand both spoke in
of the n w budget year, t udget b dopted by
ord.i.nance a d by ordrnance. Secondetl by
CommissionerdMill ede
Mayor Miles requested a enament to the m adding that t
budget wou la contarn three categories, compensation, capitol, and
operating.
Lo~estrana solo ne woala noc amena
nismmoeo~eZ
lea by a three-to-two vote, with Deputy
MayornSargent, c r Lovestrana, a
illerrv ing zye and Mayor Miles and
Commissioner Va cca voting no.
D. Request to retain a Labor Attorney
ith advised of the n d for the services of a labor
att rney as soon as possible.
estrand asked if the c ou ld r e to
cutivens n to discuss the need fot theolaboe attorney.
Taylor said the only r allowed
s for the purpose of d ingalaborcnegotiationsnand this did
not constltute that samesthing.
Taylor said last y
labor a ney any longer, tb nmhisro then~ityeshould
have a labor attorney on ha ndtwhen neeaednio
espect t the i mediate need for a
labor attorneytas wellras ha vinq a labor attorney on reta[ner.
It was the consensus of the commission that Mr.
CC 4-20-98\134
Mr. smith as is he won la qo forwara as snyyeseea.
F,. rchase property for addition to public safety
building.
Mx. Smith requested direction from the c espect t
whether Ue c interested in purchasingit erproperty
adjacent to thempublic safety build inq; $120,000 far s x lots,
plus 580, OOO for the two others. He Bard the owner will only
Miller said the c mmissien is discussi ny a
expenditure of $200, OO0 and said to i.s was why he believed the
budget should be done by ordinance.
commissioner v vea m aireot cne city
attorney to goaforward to obtain the property.
Seconded by Commissioner Miller.
. Taylor said the c allow public input o any
agenda andmhesreferrea t ney general's
opinionninhthis respect. r Lovestrand said most
people were not that assertive and would probably only speak if
estra nd suggested Commissioner v end her
saybthe administrator should have the authority to
negotiate the contract.
ended her motion to direct
themadministratorat negotiate t ith
the a the a ney. h miss toner
Milleraseoonaea the amenaea motion.
may for s a lie wonla work with M itn in tnie respect a
f~riner the contract wopla be contingentmupon the commies>on a
approval.
. 2ambri informed that i e past, w n land w s puechased, i
by o And, tadaitionally, the capital plan woula
bes baought fortlhntocbe amended.
and said when this c ack and i up
formapp val it would be done by ord.i na nceev.ith a public hearing.
cc 9-20-98\115
noc,on oarriea by a nnanrmoes roll call ~oee.
o»cri~t s4
ithin ahe Jo aay p has b tauea aoaay,
the J5th day. acca guestionednwhether The fence
could now stay i~aefinitely.V
Taylor explained that e Cbough the fence w up later
than required, 1 oula n twbe allowed to stay upei nd of finitely.
allow them the e a five aaYS would be O however, they
did not comply withxihe to day o They must n
omplete demolition or repair wrth an the proper tr mthine45
Gays.
Miles were not favor of granting any extensions to the time.
and said the f up, the neighboehooa i
protecteaneL itlesta take time and t ought i
should be allowed, n ingsthen45 aaycclock w till ticking, t
Taylor said no action by the city could be taken until the
a6th aay.
t p5. r Lovestrand said he believed t
velopment Codemn o be completely repealed. aid a nthe
last meeting he believed direction w eepointeatout
requirement i ith re spectoto replacement of
roofs in the Hi storicnDistrrct with wh i<h he disagreed.
ended t repeal the
esdocumentV (Canino lopment code) and to
ert back to the old z ing c the
ception of t and signs and
oultl s oshave the
administrator and the clerktprepare a finance
to go back to The old code. Secondeanbyrd
Taylor a whether the i of
the m eahatrtheae tchapterto signs, whrch includes
billboards and community boards, be retarnea.
Commrssroner Lovestra na clarified his motion
CC 4-20-98\116
saying h repeal t
ith there ceptienwo chapterseo signsLa
towers/antennas ana co re,nstate the old code.
Taylor discussed potent.i al problems with respect t tar
Mepeal of the e velopment Code specifically t
erta.in sectionst thatLw ompliance with s
law, kedtofbMr inTaylor had determinede
what thosers anaaM Taylor said he had asked the
city planneretorprov iaeeRim witR a list of those items.
Doer Lovesirana sar Ren, his moc~on
sr~rassr
filler said h nainy e say the a e tniny.
emdiscussed where h s being planted i the right-of-way
and upon inquiry, foundao rthat the City C under t
terms of this n does n esplans. rtRer,
indicated c wOth s etbeing alloweasto plant trees in
the right-ofnwayn espec is llynf rom a liability standpoint.
asked if the i ill c
havertheoL Hoc Commrttee go througRath encode <o try to amend
what rs wrongAa
estrana said his motron does not aisouss toot sp
cnem~ommritee woala cpntrnae.
Motion carried by a unanimous roll call vote.
Dastrict #i.
aid Re would like a
enep~ n to aired the aami~isxraror aye
toff andsany other appropriate organi2ation or
board to develop a orkable, feasible Land
velopment c silt'
adopt. ted thetadhhococ ethos edone an
cellent job in pointing o t deficiencies a
have provided a great deal of input they c nngive
to Ue LPA and they in turn c inq t
endations to the c order t
atlop[ma LDC by the end of Tuner of this year.o
Discussion ensued with respect to Tune being too short a time to
complete.
ana t oeyht t aam.in isirator anoela take
corrective actron so thrs rs not a repeat of last time.
Mayor Miles thought when t e plan i ought forward, that the
members of the LPA should bring it forward.
CC 4-20-98\117
After aiscaseion i the c of the
agree w Mayo~nnaaesawicn the
eoc the compleeion dace of s
a tapgetndate of September was more attainable
Motion caiiied by a voice vote.
Mayor Miles wished to commend The city's purchasing office for
Dvstric< p2. Deputy Mayor Sargent had no report
C #3. r quest lonetl t
Nwyt i - rmproject as to when the capitalepvan will be e
amended in this regard.
espouse to C inquiry a when the
capitai pain willmb endedMw ithrrespect t theta
project, Mr. Brock respontl ed that once rec apt of the2 project
c fiad c red the market on these particular computers.
ssloner Mi13ee s a he did n the city t
ing a oaget the u wwhi ch w na
oeget a of c n to direct thencitye
administrator to coordinate wvth therpublic safety dvrector in
this regard.
The commission recessed from 8.22 p.m. to 8.44 p.m.
Pay Approved Bi115.
April 6 Regular M ing.
of R£PtA 16 ~58, Codes Enforcement Attorney
DerviAPPeoval to pursue financing of Gateway 2000 File
and Fr eegate B
E. Approve proposal from B ntley A and Ong ineers,
. to provide architectural andheng ineering servvices
for renovat von of City Commrssvon Chambers.
CC 4-20-96\318
Deputy Mayor Sargent m approve t ent
agenda with the e ceptiondof oitem D. Seconded by
Miller questioned mileage r imbursements paid t
ity lemployees. Mr. Smith atlvised it was not paid when using a
city vehicle.
Motion carrietl by unanrmous roll call vote.
Deputy Mayor Sargent asked if approving the f of the
Gateway equipment. w ompliance with the Charterg Taylor
advised t sithis w s purchase o equipment, n ear
property.haThetCharter did not speak to equipment, only ~eal
property.
hell offered t any questions Upon inquiry
by Mayor Miles a n general a
specifically t their scfrom theuc ands,
Mitchell said Ms. LomaKem snbut would provide
ity report on the revenues recerveanf rom the concession
sca~as~w
11. - mending chapter 2
ofBthe City Code,OBUilding Permrt Fees.
Taylor said he had proof of publication for t and all
public hearings o e agenda. Mr. Taylor read Ordinance No. 98-
1402 by title only,th
Mayor Mi 1es opened the public hearing. No one present spoke in
carried by vovice vote
adoption of
OrdinancenNO_M9 - by C r
estra nd and carried by unanrmous coi licallne
vote.
ix. - ending the City
e zaNZO, ~ - a~a z - icy a new coning
aisc~i~r entitlea aeeraenciai estatee (FB)_
cc 4-zo-selu9
Mr. Taylor reaa orainanee No. se-laoa by tide only.
elfin Phillips, discussed preserving the quality of l.if e,
preserving value and spoke in favor of the ordinance.
lly Tyndall, 2 9 Lazy A e, spoke in favor as she would
hate to see th isBarea disappearan
m Alderson, ~ azy A spoke i
ordinance, as he believearo e lots w omp omise t
the r sid ents i n live with wh ichawould help s
wayeof living t majority o 0 plus homeowners in
this area do have from 2d~ato 20 acre sites.B
Nadine Tolos, Highland Hills, spoke in favor of 2 and asked
when the comp plan c ange would be done, n ing w she had
asked about comp plan changes, she had beentadvisednthat no camp
suggested to turn Gown this ordinance.
Mr. Smith responded that he was against it, as he did not believe 1
Heger s Sty h oppoetunity t make Longwood
n ique and didrn e how c sitleration could be given t
ing a ethinq as nice as this area to allow the type of
developmentnproposea.
Nugh eleddyn referred to his letter which the clerk had
signals to future development and potential annexation
commrssioner Hiller moved to close the public
opinion Chat a e good. Bleddyn said they
ealize t lodeve lop a e point, a d perhaps
eh ing t talkta the future, bo[ i
partnershiprtostlevelop, and a tbgoesla long, it will probably a
increase, but could not say it would happen. 1
cC 9-20-98\120
Deputy Mayor Sargent said the z ing c tegory i about to De
effected and would hope there would beas of
ing into the city. Me, eleddyn sa.idmhecwould ehopeothe
purpose is to begin building a partnership for the future.
Miller m ved t adopt Oed finance N .
98-1403. Seconded by Commissioner Lovestrand.o
allowso e-lots a believeddthenr sidentsamay,vatls
the f side a ing, and t ought the city shouldabe
angood neighborcand pass thexortla nonce.
r Lovestrand t aught they w t going t ow,
butmperhaps there w e hope Lor the future and couldnput n
himself i their placesom e further questioned staff a why
they proposed t maliR lots, and wondered why R-1A zoning was
not proposed as a compromise.
aid there i ntly no land i ity
wheresthisewouldcb sappropriatesandrthe developer has sa idche
will w they c not develop as per their request, and
did not seeathef need fornthe category.
Commissioner Miller and Mayor Miles, both, felt the category
ould n w be a ai.lable for future n and
felt that after t ity cleans up Island LakerN rtherg ivensthe
needs of therr lake,cthey might be in favor of annexing.
Motion carried by a una n.imous roll call vote.
13. - ending The City
a~bageAand Ref use, lA Oticle II, Residential
Solid W Collection, Sections 9- 1 through 9-36,
providingtfor the collection o sidential solid waste by a
r pursuant t ontra rte not a franchise p
agreement,cprov id ing for disposal a required
by i erlocal agreement w Hole C nty, providing for
charges and rat providing forlresidential curb side
recycling.
Mr. Taylor read Ordinance No. 98-1405 by title only.
. Smith s t for the collection of
solia~w ~oiieoeion; w
erananiseaana reoomme~aea approval Dasea on tbeaprevious bias.
Hiller m cept O
- ingdand t hedulenanpublic
heari og forfMayt4, 1998. Seconded by Deputy Mayor
Sargent.
CC 4-20-9s\121
aid b nea ahe oicy naa gone for a
£ranchise~esayingshealaked the oldsmethod better, rather than
having the city i ontrol because the city c mange r
Tolos saian requested a explanation wite~espect to going
to c act v franchise; a ing a rch
believes h ould h e preferred R bid w ra lbws the
ingenuity ofwb iaaerswto recommend looking at other factors.
Deputy Mayor Sargent w agreement with C
I,ovestrand wlth re spectstef ing a franch iseao ontract.
Said he s onded the m n fo~ discussion but w re he
anted t ego with this contract as he felt it lsajusttaadssu
another responsibility.
was of the same opinion and was not in favor
of tnesorainance`a
and questions e uea with respect t e passage of
the orarnance and its eelatron to the award of bid.
Miller a ing i did n t pass, would
itme£f ectnthe bid process. Taylorns ordinance needs
o be passed i order to finalize the bid ra ard, which has
already been done, and t end the code. Miller
if it w not passeewou ltl rebidding havertorbeer
Taylor said t ula t separate action.
Miller asked i this o~dinanceelinked [ `MrmrTaylorr
said [he oral na nce rs being done to facilitaterCne bid.
esirana said M beaeora naa a a letter
that zthe b s going out forscontract, biadiag rf the
nea he naa n oea it earlier.
asxea~w haafm s ae~ision, h ehe city aaminiauator
done this o the aaaioenof ine e f his own volition
and sa is heahonla nave asked inismmo~cns ayo.
. Taylor said the o the s and part of the process;
the c deethe'bid. a Management has filed
appealsw ing Departmentta out the way the bitl
process w ttforwaraurc=fstney a t happy with the purenasi ng
Wager's reply, they c n then appeal t the city administrator
and if n isf ied with his decision, othey nave the right t
appeal t which h uspectea, they would ao. o t
that t ,tyoucc makes decision about whether t
aylor said he w s quite s rite M nagement willrexpedite
o get this back a special m ing fora<
their appeal. Taylor said,at additionhethererw otnerar
ing t scheduled, which h ring
upeunder his report.to d to say, he thought t
d passMt ordinance o ing and if for
olaeniae toeupnola t appe~i, uera would not na
aupassage ofythis at the public nearing.
CC 4-20-98\122
mite a ana regaraless if franchise or
o~tract, t o~laine cnetp ooeaure; fees won la be imposea
whether by £ranchise o
o gores ith~a ertain company~abaanow mustnpasse
thisaordinan~eeao adopt the contract.
Miller s
theresa eafeelingsfo ubj ebtth
ust c siaereanamfrnm aw ing, s not i
of LTisnora.inance; howevert t t for bidafor a
He felt if t s ordinance is not passedu then we would notnknowt
ana Baia h rea Winn c
Millersio aidLheewould have prefe~red a franchisembutssaiarhe
shoo la have disputed that then a suggested passing it and next
time he wnv ld fight the process,nd
Mayor Miles questioned if t e were housekeeping oraana nces.
Mr. Taylor replied they were,
Deputy Mayor Sargent witndrew nis second.
oner bovestrana movea to secona the
by a three-to-two v Mayor
ana ana c
filler v ingsayeeana Deputy Mayor Sargentya nd
Commassaoner Vacea voting nay.
14. - e=nding the City
coaeT annug ea9eNa~aeHee~se8 nrtiolemxx, x siaential
solia waste~coiiect ion, section 9- cnarges ana gates,
subsection c tabusn a administrative fee to be paid
by r siaents forot e duties performed by the City in billing
and collecting tees £or residential solid waste collection.
Mr. Taylor read Ordinance No. 98-1406 by trtle only
Miller m cept O
- eadingaand to scheaulenanpublic
heat i~g forfMayt4, 1998.
In response t estrana, Mr. Taylor said if the
ity w o finamvalidity i othe claim and find in favor of that
ompanyZethis D ould n affect tnnt.
and askeda ifat ou ld be a a public
nea~i~~ t rnornase the aamanastrataveae~e. Mr.
Taylor saiadit co~ia~r
~. Deputy Mayor Sargent saga he even thought he had just voted
CC 4-2o-9a\123
ayainec orainance N - 4os, felt h oa la go a ony w cnia ~
orainance, as the aa,ni~isuativa post wo~ia have tolbe ooverea.
Motion c by a - - vo ith
Commissioner Varca votingtnayne
15. ending the budget foe the fiscal
yea~Ebeginni~g O tober 1 and ending September l0,
1998, providing for budgetltransPers and amendments.
Mr. 'Paylor read Resolution No. 98-944 by title only.
vea c aaopt R smunion Mo.
semznas~osec ~aeaaby commrasroner Miller.
estrana called attention to the first item which
provided for garbage fees and s by franchrse the city
would not have had to put this inathe budget.
Motion carried by una nrmous roll call vote.
16. A Ty AppealHbySW nagement to the award of bid.
B. Hardin Lr tiga ti ono
Taylor aav i.s ea of two d f ing to be addressed 1
at a special m ing. He saidei lappealei made by Waste
nagement t and of bid, thenc ou la need to have
aaspecial meet 9 prior to the ord inancers cheduled for May 4.
itn respect to [ velopment litigation, he and c -
sel need t ithnthe c suggested both
ould be done t ingloperhaps one evening, or
~ssuesduring the week of Apr~leiy.
After discussion of possible dates a
the c of the c scheduled a
Special Meet~ngua 0 p.m~m(prior to the 7
p.m. Regular M ing)eo May 4
appeal by WasteeM nagement (if filed) to theraward
of the residential solid waste conteact.
espect t olding a ing to discuss
pending litigation with Hardin 0 velopment, t
schedulea a (closed s on) m ing i
Florida e 11 (e)~
followanget ompletion of the regular28 omm.i ssion
meeting on Mayc4, 1998.
C. Status Report - Florida w
Extension of service area intosBennett Wrive industrial
area. 1
Cc a-2a-98\124
Taylor d sea the application filed by Florida W
Services t expand i explaining the proces sri
ery i ved a require m ings and pleadings and
will entail h velinq t Tallahasseefa Duple of times in
order [o pursue this admrnistratrve litigation.
with r ect t rth
pursuing; nw mthees tedhof; 1w city's
r line w relation tooth isna ost to bringethe 1 ne
wthis a andnthat i required a d jack under the 1
ra ilroad; rwhe<her the cost would outwe igtthe revenues.
Miller m ved, Deputy Mayor Sargent
ondea~nthat a nalysis (revenues
omparea t expenditures) cbt performed i to
make a ether the c
pursue e enaingai ythenB t
Drive anaustriat area. Careiedr by voice vote.
Mayor Miles returned t arlier discussion a the need for
a labor attorney. He s it appears the pending matter i not a
labor i and asked i d have been handled
without the assistance of tallaboruattorney.
Taylor said he believed guidance w and
did n t believe he had the expertise i sthisda MaY r1Miles
aid he hoped w ted all efforts before aski nq for the
assis<ance of aelaboreactorney.
inded e eryene t urn their response cards for
the Boabra3Appreciation Receptionret
SB. ADSOURN. Meeting adjourned at ] p.m.
/~~
harles C. Miles, I Mayor
TT$ST:
ceralai., o clerk
cc a-zo-ve~us