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CCMtg02-05-96MinLONG WOOD CITY COMMISSION Longwood City Commission Chambers IBS W. Warren Avenue Longwood, Florida FEBRUARY S, 1996 Present: Mayor Bill Winston pepury Mayor Mnamarie Vaaa Commissioner iris Benson Commissioner Jim Carrico Con er Ron Sargen W. SheltonnSmith, City Administrator Geraldine D. Zambn City Clerk Rieliard S. Taylor, Ir., City Attorney Asst. ChieF Baker, Police Department John Brack, Dir. of Bldg./Plavning Chief Chapman, Fire Department Rhonda Lulford, Purchasing Uirmtor Sandy Lomax, Dir. of Parks and Recreation Dawn Jackson, Personnel Officer Mop a Mitohell, Finn ce Dire Fernand Tbliea~. Dir. of Public Works 1. CALL TO ORllER. Mayor Winston called aregvlar meeting ~o order at 7:00 pm. 2. A moment of SILENT MEDITATION was FOLLOWED BY THE PLEllGE OF ALLEGIANCE 3. RECOGNITIONS: A. DISTRICT #3 PRPSENTATION OF BUSINESS PERSON OF THE MONlTi AWARD FOR FEBRUARY, 1996- Corn r Car cogni>.ed terry Cipolla. ver/oper o[ Jerrys Pizz and Renauram~909 W! SR e434, as Business Personoof The Month for February, nl996. Commissioner Carrico credited Mr. Cippola for having the best pizza in the area. noting the Sen net had re oily recognized ro n the ea for honing the best pizza but issed out on recognizing Mr. Cipolla'sa restaurant Ile acknowledged Mr. Cipolla for donating to »ny a a fmictions and for previding Longwood with a fine menu. Photographs then takee. 4. PUBLIC PARTICIPATION. cc za9msn Michael Resnick, union representative of Loca13163, asked that they meet face to Face in order each a n goal. Said the city is [acing thre unfair labor prat this tlme.r Objectednte being presented with a piece of paper writtun by the laboreatmmey order to be saved from die Tabor salts, but that it has not worked. They wanted to talk with the commission but were told they would not meet because it was again t the Sunshine Law. Mr. Resnick said it t agaii st the law to meet with them a open forum and emphaszed the need to meet David Mar wished [ rate what Mike Resnick said_ Said they w educated employees, tseveral with~ollege degrees, some working on bachelors and masters degrees. They under and what ompressiov is and understand the constraints of budget anA jus want open negotiations. Tom Maninsov: Said he concurred with Mike Resnick lefE Duncan: Members of the nndience ndvised he had IeH the chamber. Paul Ross had nothing further to add to Mr_ Resnick's comments. Don Castner bad nothing further to add. Troy Hickson: Deferred to ]im McKenna, representative of the police union Jim McKui a, refire ring the Police I3en velent Asso said the Police Depar oration, ie expected to respond on a professional level. They are aheady working with restricted anpow A pay study has been don which indicated flier a Eor employee to stay; n ring £ive have left in the past yea and mentioning how'expensrve it was to train new office ~. Me. McKenna requested an open [onim. C'ndy Carbonell yielded to leer union representative. Mike Resnick said lie stood before the commission awhile back and discussed the pay plan. Under ands i a difficult der and that ould not be done by October Land thought the commission undeatoed they were being given as much leeway es possible to up wiW a plan Wat cold be ceptabJe veryen and to the i that ould follow. Mr. Remick said the wspaper quoted the mayor vith sayingrtonigh~a play for employee ould be offered. but yet We offered a plan, but taken't or leave it offer. Mr. Resnick asked if the unions wereanow negotiating with Mr. Kruppenbacher. The city attorney explained that the negotiations are being held pursuant o [lie Florida Statutes. Mr. Resnick asked Mr. Smith iF the coinniiesien mw the paper they had signed to which Mr. Smith replied he was not sure. Mr. Resnick said none o[ that appeared on tfie paper they w e given. They an icipated it ould be a ual package of s wliivh they had disaissed with Mr. Smith end that was i't what tlncycreeeived. They were trying w deal in good faith; mid they did not want to go to court but i( it carne to that, CC: LS-9fi\4'18 they would beat the ocks off the city. Mr. Resnick said if the city hod said they were not ready, they could have accepted that rother than the slap iv the face. Tom Smith yielded to George Varga, anion steward. George Varga, AFLC10 representative, I.oea16'/3, related that over the yeas when the city had needs i.e, build a park, etc., they were met and ilia employees did witheut. The city agreed to bargain in gooU Earth and believed there was still mis-wmmunication and wanted [his handled above board and on the table. Said he wanted the taxpayers to know the will wntinue bat said they would like honesry and went to know what they can expect Angela I;arhalos concurred with what has been said. Philip Wright yielded to Jim McKenna. Jim McKee said the only thing they wantm do is make the commission aware that Wey want them toaget down to business. Somebody needs to do something. Lacry lnekson: Audience members said ha left the edamber. John Paladino: Avdienen members said he left the chamber. Keith Shoetnxker: Audience members said be le[t the chamber. Sim McKenna yielded to lim Schuerman. Jim Schue Said people her e fhc cravens every day. It is important to compensate them but money isn't everything. Daniel Moun. Auelievice members advised he had left the chamber. George Varga; People are irate because no one has come to us. Were wld a package ould be given to ue on the 30th. Asked that they (City) bargain in good faith. Said they o the [able in good faith for three contracts and there is still nopay plan. Asked that they be served notice on how the city wave to do it. loe Ingerhom yielded to lim McKenna. Jim McKenna said he Itad nothing more. Tom Trafion: Concurred with all that has been said. Nelda Pryor. 108] Sonoma Ci: Briefed the commission on the current status of the CC 2-5-96\479 Founders' Day evene received 131 applications, have t56 booths: have collected $8,34G: $7,800 aRer sales tax bas been paid. Ma Pryor said u a tax payer she wanted to take exception with thingssaid. She said these people saying they a e going to beat the ocks off of Longwood, well ns far s she's Wed, they ca to Longwood and took the job knowing what it paid and felt they ca gos ewhere elsem She said she bopedthe commission continues to look out For lire enure city of Longwood. Mary Volkening Yt? w. Bay, said one evening the navstruction ov Bay Avenue hnd made impossible for her to get into her driveway and she went to City Hall and someone from Public Works w ant ont with a piece of heavy eyuipme and olcared We driveway entrance. With iespec[to the Bay Avenue project, she criticized changes being made while the projeot was in progress, and suggested corking out details before beginning the project. She challenged the commission to try to use acme wmmon sense when doing city bnsneas. Hal Taylor, 530 Devonshire Boulevard advised that tbn stop light on SR 434 at the n of Grant Stre as direo~ly overhead of the driv when hew .s stoppetl at the raffcelight. Said he believed it as bee e Ne stop Iin as painted iv then ong plea and it would be cosier just to move the stop Tine bank. Asked that the DOT ba asked ~o correu this problem. Robert Wons, "105 Trinity Ch, said this ~s the fire( year in the city that he has not been able to pay my property m ea due to We using cost of everything. 3ald he believed that veryWing that goe nxthe table negotiable o if they don't put erything on We table they're Wage( nting in _ood [aitb- Perhaps, the city should look at an all volunteer Fire Department. Frank Cooper, 926 Woodgate Tr., said he backed the Poliu Depnrtmen t, the Public Works Department and the Fire Department- Said he believed the city could raise taxes SS or $10. Said he did nog like taxes more than anyone else, knew the citys tax base is evrxll, but said Ise believed the employees deserved a fair wage. Sim McKen tad to poi to thecitizuiswho have opposing vi sthatall members will co to do theirjob bu~are conenrned with the contract. Did nod want yon to think that anyoveeherc is out to hun the citizens in any way. Con er Vac responded w Wade thm dter (root, and said according to FloridaaStatutes, they are sot~!II under then a~rtent wntracr Moiioo by Deputy Mayor Va«a, seconded by Commissioner Sargem to take caraea nr v gee nose. The cmm~naa~on renesaed from'/52 P~~~tet e8.00 p.ni. CC: 2-5-96480 5. CONSENT AGENDA: A. PAY APPROVED BILLS AND ESTIMATED BILLS FOR FEBRUARY, 1996. B. APPROVE MMUTES OF JANUARY TL, 1996 REGULAR MEETING. C APPROVE CONTRACF WITH MEDICAL COMPLIANCE, INC. FOR AMBULANCE BILLING SERVICE. D. APPROVE CONTRACT FOR DISPOSAL OF MEllICAL WASTE WITH BFI (BROWNING-FERRtS INDUSTRIES). E. APPROVE PURCHASE OF FOUR (4) 9mm HANDGUNS AT 5199.00 PER GUN, IN LIEU Or PURCHASING ONE REPLACEMENT COMPUTER. F- APPROVE RENEWAL OF CONTRACT FOR PURCHASE OF GASOLINE AND DIESEL FUEL. FROM MANSFIELD OIL COMPANY AND ONYX PETROLEUM, INC. G. APPROVE PURCFASE OF E-ZGO TURF VEHICLE FROM STATE CONTRACT. H. APPROVF_PURCHASE OR FIVE (5)NO1-EBOOK COMPUTERS AND TWO (2) PERSONAL COMPUTERS FROM TSD SYSTEMS. Commissioner Benson moved thm the Consent Agenda be xppmved xs submitted. Sewnded by Commissioner Vxua Mayor Winston noted a wrrection on page 464, 6th parxgreph, saying it should read 98/99 nat 88/89. Commissioner Beeson amended the motion to include the change to the ea', page 464, bib pxragmph, w rexd 98/99. Seconded by Commissioner Varna. Carried by a iauimws roll call vote. 6. PUBLIC FIEARING -ORDINANCE NO. 96-1289, AMENDING ORDINANCP: NO. 495, APPENDIX A (ZONING ORDINANCE) CHAN(i1NG THE ZONING CLASSIFICATION OF CERTAIN PARCELS OF LAND FROM G2 OFF[CE COMMERCIAL TO RP RESIDENTIALSINGLE FAMILY/DUPLEX. Applicant: Allen-Madden Engineers, Inu Otmers: P&1 Groves. Mr. Taylor said he lmd proofof publication for all public hexrivgs on the agenda He then read Ordinance No. 9fi-1289 by title only. Mayor Winston opened the public hearing. Mr. Charles Madden, representing I"red xnd Jahn Bisdive, was present to respond to any questions. No one else present spoke in favor or ~n apposition. Commissioner Bemm~ moved to close the public hearing. Seconded by CC: 2-5-96\481 Commissioner Sargent and caaied by a voice vote. Motion by Depnry Mayor Vacoa, seconded by Commissioner Sargent, that Ordinance No.961289 be adopted. Carriul by unanimous roll call vole. '/. PUBLIC HF,ARING -ORDINANCE NO. 96-1290, AMENDING ORDINANCE N0. 495, APPENDIX A (ZONING ORDINANCE) CEfANGEJG ZHE ZONING CLASSIFICATION OF CERTAIN PARCELS OF t.AND FROM R-lA RESIDENTIAL SINGL&FAMILY TO G3 GENF,RALLOMMEI2CIAL Applicant Allen-Madden Engineers, Ina Owner: F&I Groves. Mt. Taylor read Ordinance No. 96-1290 by title only. Mayor Winston opened the public hearing. Mr. Madden was present for avy questions. No one eLe present spoke in frvor or i opposrnon. Mat n by Com r Ben raided by Cumm~ssioner Sargen , to close the public heariuge Carried by acvoice vote. Deputy Mayor Vaeoa coved the adoption of Ordinance No. 960.1290. Sevonded by Commissioner Carrico and canted by a unanimous roll call vote 8. PUBLIC HEARING -ORDINANCE NO. 96-1291, AMENDING ORDINANCE NO. 495, APPENDIX A (ZONING ORDINANCE) CHANGING'IfIE ZONING CLASSIFICATION OF CERTAIN PARCELS OF LAND PROM C-2 OFFICE COMMERCIAL TO G3 GENERAL-COMMERCIAL Applivanr Allen-Madden Engineers, Inc. Owner: P&J Groves. Mr. Taylor read Ordinmice No. 96-1291 by title only. Mayor Winston opened the public hearing. Mr. Madden was present to ansver questions. No else present spoke iv favor or in opposition. Motion by Commissioner Benson, se onded by Commissioner Carrico, to close the public hearing. Carried by a voice vote Commissioner Benson n Quad the adoption of Ordinance No. 96-129 t. Sewnded by Deputy Mayor Vacoa and cartied by a nnanimote roll call vote Mr. Madden advieed ghat Cher w i typographical e n the stag letter and that the locatov was the northwest vorner of Wayman not ther northeast. In espon inquiry, Mr. Taylor said it was a scriveners error and that it should jus be noted in thn record. CC 2~5~96t482 9. COMMISSIONER JIM CAI2R[CO -HOME INVASION. Can er Car referred to inforn ved during the las ring of x born Yico ei t o Colambu Harbor Conrt er Carn indicated his with iltis happening in Longwood and noted it erred to be happening everywheroe and wished to address two iss First, he suggested putting a v the w er bill next month advising c of what hxppened, possibly let[ing the Police Department formulate a sage advising what n do to prevent this happening at their borne Smvovd, he nd Asst. Chief Baker disousseda Chapter 14 of We City Code, which does not restrict the hours of soliciting. Commissioner Carrico sxid perhaps it might be good to amend this ohapte to put permitted hours for solicitation, perhaps9 a. to 5 pm. Once changed, the word could be sent to and they would know not to open the door. Further, suggested all solicitots/peddlers be required to get a permit and to wear the permte There was continued disutssion regarding Chapter 14, whether or nor the city should get evolved in ring Roars or whether the police should be aw a of and moduate Also Chapter 14 vaads same clarification, as tt combines solicitation and peddlingaand is not very clearly wrtten. Assistant Chief baker commavtad that when comes ore researched, home invasions ore wally don a eve ring homrs wham they cannot be seen mid was in favor of putting Yime Deputy Mayor Vaaa wxs in agreemeniwi[h restrictions on hours, xnd moved that tha a nay be directed to work with the a t chief xnd the administrator to clean ap the language in Chapter 14 andxthat solicitors and peddlers be restricted to hours of 9 a.m. to 5:00 p. m. Seconded by Comnmssoner Carrico. Commissioner Benson moved that an amendment be made to the motion to xdd that a sxfery/awareness notice be placed on die water bill Seconder] by Comtmssioner Carrico. Mr. Smith asked the city clerk if the message she wished to place ov the bill was of an e. Ms Zambri replied she was going to have a notice advising that citaens were needed to serve on boerds/wmmitteea and deferred w the commission's desire Deputy Mayor Vaua said there were funds badgered for a newsletter and perhaps one should be published. Ms. Lomax said sltc had requested that a in ssege be placed on dre Mmch water bill civg Ne Easter Egg Hunt and the Founders' Day event but it inadvertently was primed on the Febniary bill and said she would like to print the message again on the March bill She further advised that dre Police Department used to publish wntmunity CC: 2-5-9ht483 awareness newsletters noting they moms very helpful. Mr. Smith noted that the money budgeted for newsletters had been allocated to the Busness Advisory Council Eor printing a Longwood brochure. Commissioner Carrico said he wanted ~o respond to Ma. Lomax' request and if all three messages mould not be placed on one bill [ben he suggested her message go firsc Comm er Ben oved the endm ~t be coded saying that the ssage ba placed onaeubsequent 6111. Commissioner Carrico seconded the Amended a~rendment Exiled by a three to hvo vote with Mayor Wivnoq Deputy Mnyor Vacca, Commissioner Snrgent voting nay and Commissioner Benson and Commissioner Carrico voting nye. Hal Taylor, Dev usher suggested the possibility of using confisceuon Eunds if the newsletter ~s to be put out by the Police Deperunevc Mayor Wlvs said solid ors/peddler ~ the problem: hum and did are, not favor time restrictions a navy people go through neighborhoods do?n¢ valid things and endingthecodewould lrav othing to dowith stopping honveinvnsions.Commissioner Benson .vas in agreement and believed the Police Department should be responsible to enlighten the public. Mr. Pease suggested a Flyer be enclosed with dre coinuusvon m tiug agendas to the homeowner assoc~au n president which uan be distributed at homeowner meetings. Main motion curried by a three to two vote with Deputy Mayor Vacca, Commissioner C rriw and Commissioner Sargent voting aye and Mnyor Winston and Commissioner Denson v tivg nay. Motion by Commissioner Carrico to instruct the admiuisnator W get with the Police Department on possbly fornnilating a message for some water bills in the Evmre. Seconded by Deputy Mayor Vacca. Con r ben ved a endure tlrv that the salt n adm nistrntor, with We police chieF, re w the CoufiseatiovoFund to e if thor nays avnilnble to dos wslet modeled after the other letr puhllshedrtregardivg proteetivv o[properry anU homeinvaeions Motiond ed for Ixek of a second. Coo er Cam ved a endm o the motion that a message be placed on the water blI andn further, tonlook into funds other than the Oeneml Fund to fiend a newsletter. Seconded by Deputy Mayo+ Vacca. CC: E~5-96f464 When asked iE ibe intent of the motion was to brivg back [he information for the on for their approval Com er Carr and Depnry Mayor Vaau agreed. Motion carriul by a anmtous roll callte. 10. FIRST READING -ORDINANCE NO. 9fi-1296, ASSESSING AND IMPOSING A 1.85 PERCENT (7.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON PROPERTY MSURANCE POLICIES COVERING PROPERTY W17HIN 7HE CORPORATE LIMITS OF THE CITY OF f.ONGWOOD, PROVIDING FOR APPROPAlAT10N OE SAID TAXES TO TI IE RETIREMENT PLAN AND TRUST ESTABLISHED FOR THE FIREFIGHTERS OF THE CITY (PH 2-19- 96) Mr. Taylor read Ordinance No. 96-1296 by title only. Coimnixioner Denson moved that Ordinance No. 96-1296 be accepted on frzt reading and that a public hearing be scheduled for February 19, 7996. Seconded by Depnry Mayor Vacca. Mayor Winston related this ordinance did vot represent avy vcw taxes but that its adoption would allow the city to receive the taxes that are already being collected by the state. Motion carried by unanimous roll call vote. I I. FIRST READING -ORDINANCE NO. 96129'1, ASSESSING AND IMPOSING A .RS PERCENT (.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY 4IOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHSN TI1E CORPORATE LIMITS OF THE CITY OF LONG WOOD, PROVIDING FOR APPROPRIATE 07= SAID 7AXE5 TO THE RETIREMENT PLAN AND TRUST F.STAHLISHED FOR 7HS: POLICE OFFICERS OF THE CITY OF LONGWOOD. Mr. Taylor read Ordinance No. 96-129"1 by title ovly. Commissioner Beusou moved l8xt Ottlivavice No. 96129] be accepted on first reading and that a public hearing be scheduled for February 19, 7996. Seconded by Deputy Mayor Vaeca and carded by unanimous roll call vote. 12. RESOLUTION NO. 96-835, AMENDING THE BUDGET FOR THE F[SCAL YF:A12 BEGINNING OCTOBER 1, 199.5 AND PNDING SEPTEMBk;R 30, 1996, PROVIDING FOR BUDGET TRANSFERS. Mr. Taylor read by liesolution No. 96$35 by rifle only CC: 2-5-961485 Deputy Mayor Vacca vovad that Resolution No. 96-835 be adopted. Sewnded by Commissioner Benson and carried by unanimous roll csll vote. 13. BAY AVENUE. A. COST "IY)A(.7IVATE URY LING B. PAVING OF BAY AVENUE. Mr. Smith advised that the wmmission had in acted the city at rney to w the and based on his findings, to either go ahead and pave Bay or delay the paving. Mr. Smith reported that the wntraoror would delay the paving until June. Commissiover Benson said she drove down Bay and thought the city ought to finish the paving of Bay and said Il wns incomprehensible that wa would to up the street and wait to do brick. Said this project should be finished and then we should atmok the issue of paving the other streets in the city. Motion by Commissioner Benson that the city administrator direct the Public Works Depar a the paving of Bay Avenue and that this project be completed v~ a timely manner. Motion died for lack of a second. In response to Commissioner Sargent, Mr. Smith replied if the road wes left unpaved it wind be used as it would be prepared with fresh lime, as it was before it was torn up. He explainel that one reason [be wntractor was willing to wan was in order to do Bay and Oleander at the same time. Disc tined as o paving o nailing, and Mr. Sntlth said he believed he and Mr.'ISbl~er had'agreed it ould be bettee if both Oleander and Bay w re done at the same e. He explained that the expense to make Bay useful for this period of time would be minimal as the base being put down would be the sub base [o the paving. Disc ued with regard to the impact [ees and the vest of a lift station if Mr. ontln Bar o hook in o the force main, and the fact that the node provides a reduced late to a residevcG if hooked in within 6 months of availa6iliTy. Commissioner Benson moved to go ahead with the paving mrd allow Mr. Bar o hook in t [6e s e fee charged t the Lake Gem people. Commissioner Sargen seconded for the purpose of discuss~ov. Disc ontinued regarding Mr. Barnett hooking into the force main using an individual IiH st on Inc led on his property, plus, his plumbing costs vs. the city ee ling the se~vu line at aocast m the City of $30,0110 now, with aAAitional vests involved lam~Vwhav the sewer project slated far 98/99 is wnstructed. Deputy Mayor Vacca moved to wnsider the lift station mid the paving as two CC: LS-9SJ86 separate items. Seconded by Commissioner Cxrrioo. Commissioner Benson moved to a the paving o[ Bey Avenue mediately. CommLcsloner Cartiw ~alled a poiv of order, as the motion s the s the miginal m which .v n the floor. Mayor Winston ntlot eld a mot~ov was out of order bu could beatreated ae a restatement. Mr. Pease said the Historical Commission was designed [o applications for and it has er been the Ffiswric Com responsibility to impro Ene aism r noweeer, when ne game on n:e ~mmisaion, ne ~~a ~~ np wim creative ides. ~o se funds but did not believe it was his responsibdity to be raising moveys to pay for bricks. lie said when he brought the vp for disc al the last m ring it because there was discussion about coming up with inforrnat~on ov paving with brick He said, currently, there is $22,000 iv the budget Far West Warren, and approximately $8,000 left toward the paving of Wilma. Said $30,000 would pay for half of a xtreet, or pay for walks or an outline of the district. Said he never intended for rile paving of Bay to beheld up. As to whether the paving could be completed before Fonvders Day, Mr. Tiblier said he believed the t gives the conHaetor 75 days omplete iron rile order of ~o proceed. But, would have to talk to the wntractor tomorrow depending omhe mmm~sson's demsion tonight. Commissioner Benson moved to call the question. Uied for lack of a second. There was discussion with regard to the feasibility of paving Bay now, but writing ~o pave Oleander until the work on the pipe under Oleaader is completed. Commissioner Bevsov moved to call the question. Motion died far lack of a second. Commissioner 6enson restated her motion to allow Mr. Barnett to construct individual pump system to to the force main and that he be charged rite same fee as the lake Gem homeowners. Mr. Smith asked if the moron included the city pay for the lift station, $3,000. Commissioner Bensov thnnght it was expensive for a homeowner avd that the city should absorb that and moved an amendment to that effect. Motion died (or lack ofa secondst In response to Commissioner Vacca as to whether the city could purchase something for the personal use of a resident, Mr. Taylor saiA it is something that is not normally done avd, if done for one, would have to be dove for all. CC: 2-5-9Gt48'/ Disc ued with regard to amending the budget, the order of sewer projects and possibiliTy of offering tx redits in fan rof Helping to mpro ethe dirt t Mr. Taylor said he did not see any other alternative but to reduce the Fee and let Mr. Burnett buy Isis own lift station. Disco ued with regard to the valved [or Mc Bar ett to hookup and it was otedsthnt the fee to the airy could be paid ov n-year period making the project more financially feasible, given the fact that he would also have to buy his own IiH smtion. Mr. Bar sable to this. Whether the wst of the lift station could be addeU to the ten-yeatr payment was qucstionad and Mr. Taylor responded it could not be added. Comm er Dev Wade a n that the city ar sage a Hook up fee of 52,350's5acovded byvCommrssiove~Sargen . Com er Sergen asked if theciry has w, by their ,agreed to allow anyone else mlui t n uchon n the s o pay $2,350 and book in o the fore Mr_ Taylor said it ould pouibly open thatedoor. Mr. Tiblier referred to the code,vsaying Mr. Barnett is gi en the same onsideration any other residant would receive, given the fact that he puts in a IiH station, bat sold he did not think this would happen Iv most cases due to the extraordinary cost. Mr. Taylor continued they ware set ing a precedent but were not legally bound. Con r Ben ended her say due special the city at sagas hookup fee of $2,350. Mot ended, seconded by Commissioner Surges and carried by a tunnnous rollarell vote. Motion by Commissioner Sargent, sewnded by Commissioner Benson [o take a break. Carried by a vowe corn. Thn comnrrssion recessed from 9:4'1 p.m. to 9:57 p.m. Mot n by Com er Cnr onded by Comr r Sargent to end the ring [or e half houre Mot n failed byna~h~e o two vote, w'[h Mayor Wins n, Deputy Mayor Vec and Cov er Ben [ing nay and Commruioner Carrico and Comnnssroner Sargen voting ayev Motion by Commissioner Beeson, seconded by Convniuioner Sargent to extend the meeting [or ten minutes. Carried by voice vote. 1A. C7TY ADMMISTRATOR'S REPORT. A. Mr. Smith advised that a sympathy card had bee ant on behalf of the city eomnnssron m lassie Bates, a counts clerk whose husband passed away this weekend. B. Mr. Smith reportad that tbls m ruing the Geraldo Rivera Show aired a segment about the Pleasure Dome and reported it was IocateA in Longwood. Mr. Smith CC ?-5-961488 said he had received a few calls bom citizens this morning who were upset about this report, but apparently, before the show's end, Were waa a correction to the locxtion. ('. EGG fiUNi. Mr. Smith reported Wan unless the n decides differentty, they would go ahead with the Faster Egg Hunt as has been dove inn the put. B. STORM WATER UTILITY. Mr. Smith related that a work session needed to be scheduled to decide one way or the other about me atom,warer mdiry fee. C. SHERIFF'S "CtiA1N GANG" Mr. Smith reported that the city was going to be able to use chain gang workers ham the Sheriff's Department to do road work. D. DRAkT DESIGN OP CITY LOGO. Mr. Smith advised that draft design of the proposed airy logo has been developed for comnnss~on s review and said they would await some input as to how to proceed. A. Commissioner Benson said she was iv favor of calling it an Easter Egg Hunt and going forward as has been done in the past. Then es disc with regard to the proposed Togo and it a the of the Comm n that a bolding, preferably a historic Longwood build?rig or rive C iy Hall, be included in the logo. Deputy Mayor Vacca said she wished W bring m the attention of the commission the work that Sandy /.omax has put into the mediae work. She said the draH agreement has been o the state and would like to give Sandy the opportunity to begin to get soma kind of seiedule set up. Mr. Smith advised tlixt work has been done on tint and is waiting for[he state to get back to us, but anticipated being ready when word is received. Deputy Mayor vacca asked if they would havo m designate what deparanent will iaodle this. Mr. Sbtith said he would start using employees from each department end coordinate as best he could. Mot n by Commissioner Benson, s onded by Con er Sargent a end the tearing for an additional five minutes Carzied ,by unanimous CC 2-596\489 With respect ro svheduling a work session ov Stormwater Utility, based on the fnG that the ordina effec rtil October 1, 1996, i s the » of the commtsswn to defmca work sess~ov until campleoon of the excattrve sessions. 15. C[TY ATTORNEY'S REPORT. A CONSIDER PROPOSFA ORDINANCE -AMENDING CITY CODE CHAPT'Eli '!. ELECTIONS. Mr. Taylor explained that due to the possibility of having no wmmissioner with signanire uWOrity following at election, the proposed ordinance was drafted in order to provide a procedure to follow hr that event and is presented for consideration and schaduling for first reading. Mot n by Com r Ben ceded by Deputy Mayor Vac schedule proposeds0l'devannesNO. s96-1295 far firs) reading at the ave ring. Seconded by Deputy Mayor Vacca and carried by unanimous roll callevote B. LONGWOOD HEALTH CARE, INC.~REOUEST FOR VOLUNTARY DISSOLUTION. Mr. Taylor said when the refinancing of die Longwood Health Care Facility was done, Longwood f[ealth Carr, Inc, was reantivated in order to transfer the property b [he oily. This s iE only pnrpos and was caking pen o allow the current board to dissolve that orpor He explained itdoes two thhtgs~iCnotdusolved anneal fees will leave to be paid: iC lapsed it loaves tha utrrant board members opan for liability on law suits. He asked the wmmiseion direction and, further, asked to substitute the city o[ Longwood in its place. Motion by Con r Vac a to rotas voluntary dissolution of the Longwood HeaIW Cares Ins, and to substiate in its place, the city of Longwood. Seconded by Depnry Mayor Carrico. Carried by unanimous roll call vote C. LONG WOOD HEALT[i CARE FACILITY/BEVERLY ENTERPRISES I) STATUS OF CASE. Mr. Taylor expleinecl that ties litigation is ving along slowly. During a previous negot ething said was that possibty th ey would re elite city's settlement offer.'M~'faylo~said he met with Weir attorneys and Way ce upswitli peetty mush what Way came np with befora, but es of today's wvversation, Boverly's Board of Directors has not approved the recommendation from their conversation together. Mr. Taylor said so we'll jns move along toward n trial. CC ?5-961490 2) POTENTIAL CONPLICI OF INTEREST Wt'IH CITY ATIORNEY. In wnjunetiun with that, Mr. Taylm'snid during a hearing be attendud, the county engineer wing o of the plan and w7ren asked where the water Crom the retention pond ould go when it overflows, lie referrer] to [hn map and indicated the property being used es Mr. Taylor's property. The county thought the property being used was also owned by Beverly. Dne o this, Mr. Taylor said there Is the potential of a conflict. He advived that he will ask [hattthe value of his property be considered separately. IE the two properties are nsidered separately, there should be no conflict; however, if at some paint the overt says they will assign a value to all wvdevrved proper s, then ha would see an eppar ontlict and would not be able to repre nr himself and tithe city. Her ended the city could ntil thee rules whethee they will bav separ t, ifthry say no, tHen he would withdraw avd the ciTy could seek otlher counsel at tlhnt throe. It was the ooosensus of thewmmisron to Have Mr. Taylor eontivue to pursue nvril such time as be hws a wvHiq. Motion by Commissioner Benson, sewnded by Commissioner Sargent, to extevd the meeting for five minutes. Carried by voice vote. 3) Mr. Taylor ndvised tlhnt (here is a foreclosure where the city has been named due o holding a ortgage h h the property. He explained tiher very little ork volved excepitoranswer the suit and get avy money available to go to the city. Mr. Taylor advised that it would probably only take a few hours, $200 to $250, and asked permission to proceed. Motion by Depuq Mayor Vacca, seconded by Commissioner Seigent to allow die attorney Io spend no more ihav two hours in representing the city in [he sort. Caried by a amorous roll call vote. 4) COLUMBUS HARBOR PARK PROPERTY. Mr. Taylor refereed to the commissions agreement ro sell the Columbes Harbor Park property to the churchh. He said o of the thivgs that came up in the title search was that the private citizens or community would have m release any riglha they have to the "Mask." Mr. Taylor said he had always kno er plan and thought i referred to as a park because it had bheens talked about as a place to put a parkatKowevers he has found it was actually planed asa pxrk and nor as xsewer plant Fie said he has got o gei back to the title tympany and hopes they will writo a title document ro allow us to close. If they will not, he hoped there were some documents on file that ehowed the property was intendul to to used as a sewer plant not a park. Otherwise, a class action suit against the residents would have to be filed in order to release then rights. Ne said he did advised Mr. Abt regarding this problem. He suggested if we have to go to tines actiorh, that city rent the property to the church, which would allow thenh to um the properly until the CC: ?~5-96\491 clan ~ i( they could nxnP U „ wi0i thaisbut ~~+nsshopini~~ to ^' Vv li vole. Vo ib. AllIC i n CC: 2-S4G14J2