CCMtg05-06-96MinLONGWOOD CITY LbMMISSION
Longwood City Commission Chambers
I]5 W. Warms Avenue
Longwood, Florida
May 6, 199E
Present: Mayor 6111 Winrtan
Deputy Mayor Annamarie Vacca
Commissioner Iris Benson
Commissioner Jim Carrico
Com r Ron Sargcn
W. SheltonnSmith, City Administrator
Geraldine D. Zambri, City Clerk
Richard S. Taylor, Ir.. City Attorney
lobo Hrock, Die. of Planning/eldg.
Sgt. Tom Jackson, Police Department
Santly Lomax, Parks and Recreation Director
Monica Mitchell, Finance Director
Funand 'I'iblier, Dir. of Public Works
t. CALL TO ORDER. Mayor Winxton rolled a regular mewing to order al ]:00 p.m
2. A moment of SILENT MEDITATION was FOLLOWED BY THE PLEDGE OF
AL.LF.GIANCE.
3. PROCLAMATIONS/RECOGNITIONS:
A, DISTRICT #I PRESENTATION OE 6USINESS PERSON OF THE
MONTH AWARD FOR MAY, 1996 TO HANNAH MILLER, NATIONS
SANK.
A.s Ms. Miller had not yet arrived, the comimssion deferred the presentation,
4. PUllLIC PARTICIPATION.
Tracey Kaly, 256 E. I3ay, questioned why the city would do a study on noise based on a (ew
omplaints end then read a statement in which she said she did not believe Mr, Cundiff was'
really bothered; Mr. Cundiff and Mr. Osterman try to nnoy the birds to make them
eech; Mr. Cundiff has lied to mat co trot es the birds never screech ]0-14 hours, n
vocalize unless bothered, the sa of birds are there as have been hometlte
beginning, they do not sell Ne birds nor does Mr. Knox have a brother in Osceola County
through whom they sell the birds. Ms, Kaley presorted a copy of signed affidavits from
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residents in her neighborhood who say they are not bothered by the birds to [he ci[y clerk
Comm r Sazgan said the n should advise Ms. Katey [he[ they ar not here
during public partldpation to address the issue. ]n response to M.e Kaley's question a
when it oeld be discussed, [he mayor said the issue could ba discussed at any time withs[he
city administrator or she could speak individually with the city commissioners or himself.
Connnissioner Sargem added or it could be vt agenda item.
Commissioner Benson movetl to advance Item 9, consideration of pettion
from Lxke Rudt residents, forward on the agenda. Seconded by
Commissioner Carrico end carriod by unanimous vome vote.
In considemdon of MS. Miller's arrival, Commissioner Benson moved m defer
the lake Ruth it ntil [he Prasentation of Business Person of The Month
mnpleted. Seconded by Commissioner Sargent antl carried by a voice
3. PROCLAMATIONS/RECOGNIT10N8:
A. DISTRICT Nl PRFSENTATION OF RU8INE8S PERSON OF THE
MONTH AWARD FOR MAY, 1996 TO HANNAH MILLER, NATIONS
BANK.
Commissioner Benson presented the Business Person of The Month Award ro }lannah
Miller, v ce president and manager of Nerions Bank, 39U W. SR 434, Longwood.
Photographs were then taken.
9. PETITION RECEIVED FROM OWNERS OF PROPERTY OR MEMBERS OP
THE LAKE RUTH SOUTH HOMROWNERS IN SUPPORT OF AN
ORDINANCE TO RESTRICT TYPES OF BOATS/VESSELS ON LAKE RUTH.
Mr. Smith advised [hat a petition had been received from owners of property or members
of Lake Rulh South Homeowners petitioning in support of mr ordinance being passed by
the city or the county restricting gas and diesel n n Lake Ruch. Mr. Smith said les
than e qua of the Take i n the city and had advised they should work with [he counryg
Mr. Taylor eaidrMr. Smith noted the bigger[ obstaole, being mainly in the Couury, i ould
be diffleult to enforce an ordinance unless the city works with the county toward the same
ordinance and enforcement.
Deputy Mayor Vacca said she w tatted by Mr. Hodges three weeks ago and she
informed Aim that sha thought part of h e lake was in [he county bu[ would ask it be placed
n [he agenda for considuauom Said she would support if [he majority of the people were
n favor and then ask the cormry to join the city.
Discussion ensued regaNing ownuship, riparian rights and site of the lake being IO attar
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Sgt. Jackson offere4 that Winter Park/Maitland r rA boating to 100 feet from the shore
and that buoys could be placed along the city Ihie but noted enforcement would be a
concern. Mayor Winston was still concerned about legalities.
Bob Hodges, 1445 N. CR 42Z, said many ctties have placed no walre woes. He said he has
lived here for a year and a half and during thnt time, never had gas-powereA vehicles on the
lake until recently. Further, they are coming from one location on the county side that Uoev
of have Take access. Residents have expuienced periods of 6/8 hours a day of roaring
Me. Buehler slid he Itas lived tltere for 20 years and w under [he Impression because of
the siw of the lake that no motorized craft was allowed.aAdvised that the same petition haz
been se o the county co rs end they are looking into i[ from an aspect of
disturbing the ecology, wildlife,tetc, ne
Mr. Hodges distrlbmed copies of an excerpt of Ch. 12 of the City Code regarding disturbing
the peace anU noted that dtn person disrtiNing the peace is city employee wbo signs
doc uch a a loyalty oath. which he sw upM1Otd City Codes and he,
himselfnhass violatnd the City's Codee Mr. Wodges said sh efelt if the city could no[ do
ome[hing with their code they should be able to do something with their city employee.
tt was noted the employee was a police officer.
Mr. AI Buehler, 144E N. CR 42>, objected w his peace, comfort, health, etc. bemg violated.
He seitl he did no[ think it was fair to have to put up with the noise and disruption, and fls
dray ma city employees they should abide by the wde.
Gary Dodds, 121 Shumate, president of the i.ake Ruth HO Asmciation, w coed
about the association's liablity as [hey were racing in front of the associatton's property, and
have cullideU. The collision w such that 'it threw one of the boaters off Fix vehiGe.
Further, have destroyed fsh beds9
Mr. Hodges then requested perm o show a video. Commission agreed. Mr. Hodges
showed a video, shot from Mt. Buahler's ynrd, of a boater riding a person watercraft an0
alxo of a discussion at the lake shore.
Discussion co inued regarding whether the boaterlboaters wulU be citeU for trespessrng,
whether Chapter 12-I is applicable, antl ahitude of the employee. Mr.'faytor advised that
being en employes, the wmmission should take under advimment et Utis time and have the
city admi tsttamr or himself get wiN the police eltief regarding what has been heard here
tonight. n
Deputy Mayor Vacca moved ro t the attorney and the administrator to
get wiUt the police chief to discuss the issues and direct the administrator m
send a letter to the co mty asking fnr their support to draw up a ordinance
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restricting motorized w c[aft o[ this particular lake Seeondrd by
Commissioner Benson. Motion carried by unanimous roll call vote.
Mayor Wins said after input from the nay and the in s[igati the it will be
brought back at a future meeting. Commissioner Sargent referenced Sec. I l-'/ of the code
regarding operation of watercraft of which he read a small segment noting the difficulty with
enforcement.
Deputy Mayor Vacca moved for a - Seconded by
Commissioner Sargent and carried by e vdce vole with Commissioner Ranson
dissenting. The commission recesve0 from 8:15 p.m, to 8:2'/p.m.
5. CONSENT AGENDA:
A. PAY APPROVED RILLS AND ESTIMATED BILLS FOR MAY, 1996.
B. APPROVE MINUTES OF APRIL I5. 1996 REGULAR MEETING AND
APRIL 22, 1996 WORK SESSION.
C. ACCEPT DONATION OF TWO ROCKING CHAIRS PROM COUNTRY
TIME SWINGS, INC.
ll. APPROVE CHANGE ORDER TO PURCHASE ORDER #632],
INSTALLATION OF Alft CONDITIONER FOR ANNEX #2.
Commissioner Beftson moved for approval of [he eonsem agenda as
submitted. Seconded by Deputy Mayor Vacca.
Mr. Smith asked [hat the approval incude a partial payment of a bill to TSD Systems.
Commixsioner Henson amef[ded her motion w include said payment.
AmentleA m xonded by Deputy Mayor Vacca and carrir4 by a
unammeus roll ocall svo[e.
6. PUBLIC HEARING - ORDINANCE NO. 96~I30], AMENDING THE
PERSONNEL POLICIES AND PROCEDURES MANUAL„ CHAPTER 3. AND
CHAPTER 4.,CODES OF CONDUCT.
Proof of publication was announced by Mr. Taylor- He then read Ordinance No. 96130]
by title only.
Mayor Winston opened the public hearing. No one presen spoke in favor or in opposition.
Deputy Mayor Vacrz moved, seconded by Commissioner Carrico, to close the
public hearing. Motion carried by a voice vote.
Deputy Mayor Vacca moved for the adoption of Ordinance No. 96130"1.
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Seconded by Commissioner Sargen and carried by a unammoux roll call vote.
'l. PUBLIC FIEARING -ORDINANCE NO- 96-1308, PROVIDING POR THE
GRANTING OF ANON-EXCLUSIVE FRANCHISE TO USA SERVICES OP
FLORIDA, INC. FOR THE COLLECTION OF COMMERCIAL SOISD
WASTE.
Mr. Taylor read Ordinance No. 96-1308 by till¢ only. Mayor Winston opened the public
hearing. No one present spoke in favor or in opposition.
Commissionu Benson moved to Gore the public hearing. Seconded by
Commissioner Sargent and carried by a voice vote.
Commissioner Ranson moved to adopt Ordinance No. 96-1308. Seconded by
Commissioner Sargent and varied by a unanimous roll call vole.
8. CON8IDER PtifIT1ON RECEIVED FROM RESIDENTS OF THE 800 BLOCK
OF E. CHURCH AVENUE REQUESTING THAT CITY SEWER HE MADE
AVAILABLE.
Commissioner Denson moved that se er be provided to the 800 block of E.
Chmch Avenue and Ual funds be «ansferred from Reserves [o accomplish
the projera- Seconded by Commissioner Vaeea.
Upon inquiry, Mr- Smith advised that the fonds used would not impact the other projects
as they would be takeat from [fie Reserves; that the stteet would be dug up and repeved and
the lines would be by gravity feed.
Motion carried by ananinrous roll call vote-
9. CONSIDER PF,TITION RECEIVED FROM OWNERS OF PROPERTY OR
MEMBF,RS OF THb LAKE RUTH SOUTH HOMEOWNERS ASSOCIATION
IN SUPPORT OF AN ORDINANCE TO RESLRICT TYPES OF
BOATS/VESSEUS ON LAKE RUTH.
Was mnxidered following Item 4.
10. FIRST READING -ORUINANCE NO. 96-1310, GRANTING TO BELLSOUTH
TELECOMMUNICATIONS, [NC-, ITS SUCCESSORS AND ASSIGNS,
PERMISSION AND THE RIGHT TO USE TH6 PUBLIC ROADS, STREETS,
HIGHWAYS AND RIGHTS OF WAYS OF THE CITY TO OPERATE AND
MAINTAIN A TELECOMMUNICATIONS SYSTEM.
Item withdrawn as per Mr. Smith's regriest
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II. RESOLUTION NO. 96-842, AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1995 AND ENUING SEPTEMBER 30, 1996,
PROVIDING FOR eUDGEt' TRANSFERS.
Mr. Taylor read by title only.
Com r Rens ved for [he adoptio of Resolution No. 96-842,
mending the budget foro the fsral year beginning October 1, 1995, antl
ending September 30, 1996, providing for budge tnnsfus. Seconded by
Deputy Mayor Vaua and carried by a unanimous roll call vote.
12. RESOLUTION NO. 96-843, AMENDING THE BUDGET FOR THE F[SCAL
YEAR BEGINNING OCTOBER I, 1995 AND ENDING SEPTEMBER 30, t996,
PROVIDING FOR BUDGET TRANSFERS.
Mr. Taylor read by title only.
Deputy Mayor Vacca moved to adop[ Resolution No. 96-843. Seconded by
Commissioner Sargent and carried by a unanimous roll call vote.
t3. CONSiDEA AMENDMENTS TO CROSS CONNECTION CONTROL CODE.
Mr. Smith referred to three recommendations made by Mr. Tibliu. He said, presently, we
supposed to be inspecting yrarly but does n ee the nee4 end rec tended
nspec[ions be done everythree years. With regard mtinsspec[ions, he said eking bids from
local plumbers w tentioned, and he suggested the city do the inspections at cost, or get
bids from local plumbers.
Deputy Mayor Vacca moved [hat the code be amended to very three
years and that the city do the inspecions at cost. Seconded by Commissioner
Sargent.
Mayor Winsmn asked if personnel would have w be expanded n already
designated to do the inspections. Mr. Smith advised that so charge but ditl
of know at this time if additional help woulA be needed. Furceiher, Mr1 Tiblier believes,
ultimately, on re person might be needed. However, thought that many people would
e plumber and if the city does it et cost and if it ekes a part time person, the City
would get the cost out of it.
Mr. Tiblier saiU iFthey hapPUr o have a sprinkler syrem, he would Tike to [the safe
side and eaid he would be an advocate of annual inspections. With respect oto of
failur s, Mr. Tiblier safd [hey w e due mostly to rather conditions. Nnoting Neyt ha0
changed of ecal in the city Darks that wart damaged by freeze. With respeu to
regulations regaeding testing, Mr. Tiblier said there were none but noted Nat inspections
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were done annually by local jurisdictions as indicated on the information he had provided.
Motion by Cam r 6enso adopt the suggestions but end the
testing to every wosyeaz intervals. Motion died for lack of a secontl.
Disc hued with regard to Cail ur s, legal pmblen Mt. Smith noted he had
calleds Orlando ['Utilities end [hey do not require inspeetionss on residential and said he was
wmfotmble with three-year inspections.
Motion cartied by unanimous roll call vote.
14. CITY ADMINISTRATOR'S RFYORT.
A. FLORIDA MAIN STREET PROGAAM_
Mr. Smith explained soma of the costs and involvement related to the Main Street Progmm;
ould hav o hire a fu1Hi trained n oordina ould nee4 the backing of
the merchants; would needmthe commission i'rs'epport and will ngness to spend. Mayor
Winswn asked if the person hired could additionally work on grants for the city. Mr. smith
was not wre, but thought Ihat person might have some bme to do other things.
Depmy Mayor Veeca directed Ne city administrator to Zook further in o the
Prograi and for the n ring, famish s of the c and if
he feels the city is financially able to hire so o fill the posito and
what qualifea that person needs m possesseOSeconded Oy Con
Carrico. Mayor sWhlston also asked to look a[ whether there would nbe
juslifcation to hire a full ti e pars to apply for grai is for the city, Motion
carzied by unanimous roll call votes
e, CONSIDEJi UPGRADING STREETLIGHTS IN THE SKYLARK
S(1I3DIVISION.
Mr. Smith said Florida Power, in rcmpnse m e request ro insmll an additional st eat light
n the Skylark Subdivision, recommended upgmding the lighting in Skylark Subdivision, 30'
wood poles. 100 w tt lighting, n o [he city for the upgmding with a reduc n the
onthly charge. Hox aschix understanding that rile people in Skylarkttwould not
want this upgrade bemuse the poles ace wood.
Repair oC the existing lighting was discussed.
Deputy Mayor Vaaa made a ccept any proposals and to
dime[ the city administrator to UnFlorida Power and request they fix the
exi ring lightx in Skylark. Secondeq by Comm~sstoner Sargen .
Hob Lomax, resident in Skylark, explainetl that a few year ago some of the lights were
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changed ou antl [he residents st rmed City Hall in protest after which Florida Power came
and took them ou He fur[he~ explained that all the poles in Skylark are all N40 which
reates a problem when residents call in an ouage and suggested Florida Power renumber
the poles. Deputy Mayor Vaaa spoke in favor of keeping the older carriage style lights.
Mayor Winston favored upgrading to eased wattage and but said he would defer to
those present. Commissioner Benson also believed the m modern lighting was safer.
Sargent ]ackso said he ould explain the problem o [he represenunve for this area and
with close coordination, could perhaps assist with [hls situation.
Motion carried by unanimous roll call vote.
C. EXECUTIVE SESSION.
Mr. Smith proposed three dates that Mr. Kruppenbacher would bo available. Deputy
Mayor Vaaa said she would be unavailable from Mey 21 through lone 3. After disoussion,
t appeared that May I$ was the best tlate. Deputy Mayor Carrico was not available until
8:00 p. m.
It was the consensus of the Commission that an Executive Session be scheduled for
May 15, 1996, preferably at 8:00 p. m.if Mr. Knlppenbmcher was available, and if not,
at 6:00 p.m.
D. SOUTH SEMINOI,E HOSPITAL.
Mr. Smith reported [hat [he hospital has been declared not-for-prof[ by [he court and the
lass of tax revenues an rually would be around $121,(100. He svd based o information
from [he Tax Assessors Offce, unless something changes, a will get m nay next year.
E. GREATER SEMINOLE COUNTY CHAMAER OF COMMERCE -
INTERNET HOME PAGE.
Mr. Smith reported the Greater Seminole County Chamber of Commerce has reques[e0
information about tl[e city [o put on their home page. He said he did not know if the
Commtsston was interested, having r¢celved no response to Iris inquiry in this Inaher.
Deputy Mayor Vacca moved that [he information as requested be provided,
and allow the city employees and sniff to come up with differznt quotes and
have Mr. Smith, Ms. 7ambri and Ms. Ledford decide what the quote woultl
be. Seconded by Commissioner Sargen and carved by u antmous roll call
F. MEDIAN MAINTENANCE.
Mr. Smith reported receipt of the .signed contact and start date, May 20, 1995, from FDOT
CC 5-b-96\5]0
for Ne median gmsx wtdng. Initially, [hough[ the city would nor be involved in
suet[ as cleaning catch basins. Mr Smith said he thought we would need at least one,
maybe two people and now believes it was going to cosy a lot of money, more than what is
ived from the state. FLrthes, will probably hire part time people in ordu to of pay
benefi[z Mr. Tiblier Nought on and one half and Ms. Lomax believes one or two
and that they are now working with fom. Mr. Smith advised [hat [he city could get out of
the contract with 30 days notlce but would press on to see what it will coat and what level
of service the wmmission wants.
Adoptio of Me4ian Program additional work required under the uch az
Geaningnup of glass after a wreck, etc. were dscussed. Mr. Taylor said the list of hems un
Ne cono-act was diswssed During approval and Ne DOT has said they witl no[ enforce some
of the tequiremenu in the wn[reG wtd if [hey do the city could withdrew from the con[raG.
With [aspect to the glass cleanup, Mr. Tiblier said typically Public Works does the glass
cleanup and said there w ovly a few it that the city w tespousihle for [Nat
xtayed in the co MreTaytor advisede Net the .Hate has as standard wnttect for all
wnhes and has a problem with changing the document for each city.
Ms. Lomax said she wrrently hu the only crew doing the gross w[ting and was conwmed
with the addict Hai i n the whiGt she felt would tequir more nme and could
take the workus away from performing odter city servicas.
Mayor Winston asked if the commission wished to go forward or get out of Ne contmc~
Mr. Smith mid he jus canted to make xme the commission was aware of the cost faGOr.
Deputy Mayot Vacca moved to direG Ne city administrator to move forwar0
and as he foresees Ninga to bring them to the co
Seeondetl by C mmtssonec 6en.son and earned by unen'~monso~oll acall vote.
I5. CITY ATTORNCY'S R[PORT.
Mr. Taylor reported [here w a Columbus Barbour Nomeownets' Association meting
onight and the release of interest in the park w n Neir agenda and hoped they would
do the wdorsement Iwter to relinquish interest en the Vark.
14. ADIOURN
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Motion by Commissioner Cartico, seconded by Commissiooer Sargent to
adjourn the meeting. Motion carried by a voice vote.
Meeting adjourned at 9:58 p. m.
ATT T: ~
Geraldine D. ~ mbri, City Clerk
L.
7 ~.~1
William E. Winston, Mayor
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