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CCMtg02-19-96MinLONG WOOD CITY COMMISSION Longwood Ciry Commission Chambers 1]5 W. Warren Avenue Longwood, Florida February l9, 1996 Present: Mayor Hill Winston Deputy Mayor Anoamarie Vacca Commissioner Iris Henson Commissioner llm Cartico Commissioner Ran Sargent W. Shelmn SmiW, City Admin:svatw Geraldine D. Zambri, City Clerk Richard S. Tdylor, Jr., City Attorney Assl Chief Baker, Police Department lobo Brack, Dir. of Blrlg/Planning Sondra Loma; Parks m:d Recreation Director Monica Mitchell, Pivunce Director Fernand Tiblier, Dir. of Public Worla I. CAI.L'LO ORDER. Mayor Winston called a regular meeting to order at 7:05 p.m_ 2. A moment of SILENT MEDITATSON was FOLLOWED BY THE PLEDGE OF ALLEGIANCE to the Pleg. 3. PROCLAMATIONS/RECOGNITIONS A. Mr. Taylor read a Proclamation PROCLAIMING MARCH, 1996, AS "VIOLENCE FREE COMMDNITY MONTH." B. RECOGNIZING FRED BISTLINE FOR DEDICATED SERVICE TO TtiE CITY OF LONG WOOD AS A MEMBER OF THE HISTORICAL COMMISSION. Mayor Wins wgnized Ered Bis0ine for bis dedirs red service to rie city of Longwood as a member of the Flis~oric Commission. C. DISTRICT#4 NOMINATION OF BUSINESS PERSON OFTHE MONTtI FOR MARCH, 1996. Deputy Mayor Vxcra nominated Mr Roy Thurston, owner of Supreme CC: 2~l1~96~4J5 Leather Restorers, 155 Mingo Trail. Nomination confirmed by D. 15TH ANNUAL "JUVENILE OF THE YEAR" (]OY) AWARDS. Deputy Mayor Vacca recognized each student while Mayor Winston presented the mtnual Jay Award Cortificates to the following: Dustin Stone -Altamonte Elementary Senool F,ugene Calabrese, ]r- ~ Greenwomd Lakes Middle School Gray Hobbs, Jr. -Lake Mary High School Mikhel Barkan and Michael Madden - Longwomd Elementary Adam Zurkuhlen -Lyman High School Kenrsa Meria Pinnock - Milwee Middle School Anne McMOnagle - Roak Lake Middle School Will Hood -Woodland Elementary Scbool E. PRESENTATION OF THE HEAUTIFICAT[ON AWARD FOR FEDRUARY, 1996, HY THE BUSINESS All VISURY COUNCILTO DCC CONSTRUCTORS, INC., 355 5. CA 42'1. Commissioner Sargav4 in tna absence of Mr. Daly, chaimtnn of the Business Advisory Council, presented the Febriary, 1996, cec[ifkete to Mr. John ]ones, DCC Constructors, Inc Mr. Jones extended appreciation for the award noting that DCC has strived to make their bus showplac n the unity and Mang weir t n years m the city have done one b1llion dollars worth of bus ness. Con r Den ved for a five Seconded by Con erSxrgen andrarriW byuvanimousvoicevotes Thecommisston recesse'dsPoom']:20 pmt. to'1:25 p.m_ 4. BOARD APPOINTMENTS A. DISTRICT #1 NOMINATION TO CODES P.NPORCEMENT BOARD. Commissioner Benson v aced Mr. Edward M. Kuhn to the Codes Enforcement Board and then read a biograpbieal sketch. Deputy Mnyur Vacca snid she received a phone call [Iris weekend and tare person currently erving has requested to be reappointed- She said several montltsago there.ras a problem with members being removed and not being conta<eed and thought the aommissioti s policy cold be w reappoint if the person serving requested to be oppoimtcd. Commissioner Aen aicl she did not believe the commission was tied to any rule a the reappointment procedure is in the Code. She snid she selected Mr. Kuhn buause she believed him to be CC: 2-19-96\496 best suited. F1tr~her, the previous member has served flue years and she thought itwas rime for a change and that there are other mnzevs who wish to serve. Disc ned with regard to nppointing within one's district; raking ca of people who do~~olun er for boards; concern with respec o Mr. Kuhn living in District 5, which of Comp er Hen 's dirt and whether ould precede Mayor Wins n fro appointing from his own District. Mayor Winston said hedid review the board memberships and said it would not preclude him from appointing from District 5. Commissioner Carrico iv Fav r of selecting fro within wn dist t. Comm er Vec said she felt uv[vlr to those volunteers, when they a rreque ling reappoi eeh to not be appointed. Com r Ben said she had fulflled the requir o fill a appoint Pvrdrer said the ov has disc issed that if you believ e qn. lifted frot other dirt t"you nppoint them. Mayor Wins saidehe thought if sv a has don a good job and w eappoin ,that t should be nsidered, bnt felt i sup to the individual w .How r, he ned thnt of good to dow ething that ould be takens per natty o Hake the per n Eeel slighted. However, thenway tho regulations are set Upson ~s nt the discretion of the Deputy Mayor Vacov reminded that the appointment is made by the commission as a whole. Nomination failed by a three to with Deputy Mayor Vacs, Com r Car and Con vro Sargen voting nay and Mayor Wintton mid Comnnss~oner Oenaov voting aye. Comm er Hen ved [or a five saying she vished to speak to ,Mr. Kuhn whoo n the eud~iea rMOt n died [or lack of a ond. Com er Ben stepped down ro speak brieFly to Mr. Kuhn ssiooi and then rem tied t iha dais 5. PUBLIC PARTICIPATION. Donald Brown, H']t Oleander Street, said he wished to hold Lis re narks until the Wildmere drainage is brought up. Mr. Smith said he had intended w bring up the Wildmere drainage under his report. The coinmissioo concurred with Mr. Brown's regoex. Tom Jackson, 344 Tnr n Sire explained that then a problem ithe Highland Hills neighborhood park due to thetin r [he numbma of users that are n nrily children from the subdivision. Many people have mmeto him with problems;nenproblen with pinking, older children taking over the perk, thereby, smaller children are intimidated and won't go down to the park, etc Mr. lackson suggested that perhaps Reiter Park was udliu far a buketbxll wen for the older children, so me neighborhood park remains available for the smaller children tti~hin the neighborhood. During discussion it was noted chat the only control now is by ordinance end the hype of CC: 2-ll-lbt41~ equipment in the park. Building a basketbnll court in Reiter Perk was suggested; inuring r the park to the ho which ti e they would a mntenance was also mentioned. Ms. Lomax wasvtl en asked her opinion on the subjectm Ma. Lomax said she had proposed a baskedretl court for Reiter Pxrk but is had been cut during budge[ Ms Lrnnax agreed with Mr. Jackson with respect to the problems at the neighborhood parks, parking, destroying park property, eto. Further, alI the neighborhood parka with basketball fecilitiu are being inundated with tennegers. She said iE a court was as put at Reiter Park, it would need to be lighted and she estimated a cost of $4,000/5,000 to build, lighting another $2,000. Further, a lighted faciliry would draw a lot of teens WiHr respec releasing the park to the hom and after e disc v, Mr. Taylor explaival why he did not believe it was n ov nblessolnticn. Mayor Wiostoni said he e he ould w nsider abandon g the park and suggested perhaps the bnsketa weld be lowered.nthereby, <liswuraging the older children and suggested other options should be reviuved. Ms Rubello, resident iv Highland Hlills, suggested hnposivg ie limits. Mayor Winston suggested, perhaps, Mr. Smith and Ms. Lomax could provide nn estimate Eor the cost to provide a court at Reiter Park. 6. CONSENT AGENDA: A. PAY APPROVED BILLS AND ESTIMATED B[7.I.S POR THE MONTH OF FE.ARlfARY. B. APPROVE MINUTES OF FEBRUARY S, 1996 REGULAR MEETING. G APPROVE E.XPF.NDFPURfl OF $1,000 FOR LYMAN HIGH SCHOOL PROIECS G.RA.D.D. 1996 FROM THE CbNF(SCA'FION FUND. D. ACCEPT SALVAGE BID OF $4,500 FROM FLEET FINANCIAL SERVICES FOR 1995 FORD CROWN VICTORIA AND APPAOVii PURCFASE OF 1996 FORD CROWN VICTORIA/W 800 MHZ RADIO SYSTEM FOR $20,872 E. APPROVE CHANGE ORDER #60'11 FOR SIGN BLANKS, POSTS AND RELATED HARDWARF. TO MUNICIPAL SIGNS, ING IN THE AMOUNT OF $6,000. F. APPROVE PURCHASE OF LIQUID CHLORINP PROM IiARCROS C.HEMiCALS INC. AT ESTABLISHED CONTRACT PRICE G. RETAIN SERVICES OF AUDITEL TO AUDIT CIT1^S TELEPHONE BI11S- Motion by Commisvioner Benson, sewnded by Deputy Mayor Vacca, that the oo t agenda, as submittal, be approved- Carried by iinammous roll call vote. 7. PUBLICIdFARING-ORDINANCENO.96-1296. ASSF,SSING ANDIMPOSING A 1.&5 PERCENT (1.&5%) EXCISE TAX ON INSURERS' RECEIPTS Or PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED CC ~-19-Yh1498 ON PROPERTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF 1'HE CITY OF LONG WOOD, PROVIDING FOR APPROPRIATION OF SAID TAXES TO TI{E^ RETIREMENT PLAN AND TRUST ESTABLISHED F012'CHE FIREFIGH'PERS OF THE CITY_ Mr. Taylor advised thwt proof of pnbliralion had beau submitted. Mr_ Taylor read Ordinance No. 96-1296 by title only. Mayor Winston opened tl~e public hwring_ No ova spoke iv favor or in opposition. Commissioner Benson moved to close the public hearing. Scvonded by Commiu~oner Sargent and carried by a voce vote. Deputy Mayor Vacw moved to adapt Ordinance No. 9G-1296. Seconded by Commissioner Sargent and carried by unanimous roll call vote. e. PUBLICHF.ARING-ORDINANCE NO. 96129'/, ASSESSING AND IMPOSING A .85 PERCENT (.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY I10LDERS ON ALL PREMIUMS COLLECTED ON CASUAL"PY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF 1'HE CITY OF LONGWOOD, PROVIDING FOR APPROPRATION OF SAID TAXES TO THERETIREMENTYLAN AND TRUST ESTABLISHED FOR THE POLICE OFFICERS OF THE CITY OF LONGNOOD. Mr. Taylor read Ordinance NO 96129'/ by title only. Mayor Wins o opened the Public Hearing. No one presen spoke in favor or in opposition. Commissioner Ronson moved to close the public hearing. sewnded by Canmisvoner Carrico and parried by a voice vote. Motion by Deputy Mvyor Vacca, sewnded by Commissioner Sargent that Ordinance Na 95129'1 be adopted. Carried by a unanimous roll call vote. 9. FIRST READING-ORDINANCENO.9G-1295,AMENDING'FHE CITY COll$ CHAPTER 7. ELECTIONS., RY ADDING A NEW SUE-SECTION (e) ENTITLED. "SWEARING IN CEREMONY AND SPECIAL MEETING:' Mr. Taylor read Ordinance No. 96~I295 by title only. Motion by Deputy Mayar Vxccx, sewnded by Commissioner Ranson that Ordinance No. 96-1295 be accepted on first reading and that a public Bearing CC: 2-19~96149'l be scheduled for Maroh 4, 1995. Carried by a unanimous roll call vote. 10, Rfl5OLUT1ON NO. 96836, AMENDING THE BUDGET FOR THE; PISCAL YEAR BEGINNING OCPOBER 1, 1995 AND HNDING SEPTEMBER 30, 1996, PROVIDING FOR BUDGET TRANSFERS. Mr. 'ITylor read Resolution No. 96-836 by title only. Commissiover Benson moved that Resolution No. 96-836, amending the budget for the fiscal year beginning October 1, 1995, and ending September 30, 1996, be adopted. Sewnded by Commissioner Sargent and carzied by a unanimous roll call vote. IL REQUEST FOR APPROVAL OF kflAS57GNMENT OF NON-EXCLUSIVE COMMERCIAL. SOLtD WASTE FRANCld LSE FROM WESTERN WASTE 7O USA WASTE SERViCF.'S. Comp r Bev owed that Ne uignn of then xctusive ciul solid waste franchise from Western WasremUSA WasreeServrves be approved. Sooondod by Commiuiover Vacca. Mr. Smith explained that Nle request was due [o a merger of the two companies and ~ccommended approval. Carried by unanimous roll wIl vote 12. REVIEW AND CONSIDER TELECOMMUNICATIONS UTILITY TAX Mr. Smith said the telec ex had been discussed sev rel ti and explained Nat ould c all telec, uch as beeper celltelar phon Mr. Smith recommended an ordinnuce be adapted to impose the ]%o telecommunicatioocs Motion by Deputy Mayor Vauca, that the code be amended to implement the ']% telecommuvicatiovs tax. Sewvded by Commissiover Sargent Dnpury Mayor Vacca painted out that the current taxis I0~ end this would reduce the Nx to'1%which would relieve the average homeowners. Commissioner Sargent said those using the special wmmunications would be paying the tax anA, basically, it was a user lax. Mayor Winston believed it as just another tax and that it would inhibit some businesses n the city. Commissioner Benson said it would burden the business owners even nrorc and thought rho commission's objective was to lighten their burden. CC 2-]9-964100 Mon rzied by a three t with Deputy Mayor Vac vote, Commissioner Sargent and Commissioner Carries voting aye and Mayor Wlvsroo end Cominissiancr Beisson voting nay. 13. MONTFILY FINANCIAL REPORT-OCTOBER, 1995 Presentation of the monthly Bnanclai report ivas discussed end it wax voted that previously it had beev presented with specifc highlights as to the most relevant issues or points. Ms. Mitchell pointed out that she has added av additional report regarding invesMents, as a e requires Nis report be provided. With respec o the onNly repot s, Ms. M'tehed said sties oulU do ned but that she would be betternequipped W pre the repot in Ne manner disvussedi beginning with ]avuary, 1996, as she was not on board prior to lasnuary. Mot on by Com er Sargen4 se coded by Com er Cxrri take a five on Carriul by a voice vote. ThesCommission~eceasecl from Sn25 p[m [to 8.3d p.m. 14. CITY ADMINISTRATOR'S REPORT A. FDOT HIGHWAY MAINTENANCE AGREHME,NT Mr. Smith advised that the state will submit a revised highway maintenance agreement due to the vttomeys for the DOT making some revisions to their existing contract. B. FLORIDA AVENUE. Mr. Smith advised that ther regarding the Florida Ave right-of-way, e of CR 423, as to whether it belongs wse6e railroad. He advised that tleis right-of way-has been used as x cheek has a rtreet eigv ov it and has beev heated as a meet However, oily, it has been found that city property and v an has requested to lea a pot of this right~ot-.nay fmm the railroxd xvd wants to fence it, which will c otf othertresiden[s from using the street Donng discussion additional information was added; lice se has in fact been granted by the mihoad but after nths, he may be e a Ieese; only onehome was built in the Irvte ]h's, facing FlaridasAvenue, all others backup to Florida', many residents use this as ev access road to [heir property. Mr. Taylor said hew cots ether if it has bee ned and mainmived as asheet for four yea it ben m Right be pre oripviv also ned. How neA witharespectwwbetlier the mihnadais convdereUa governmevtvl ntityValso, but~io rerviewing so said he believed es long as you impeding the railroad, yon could adversely posseu the property. However, felt there w~ still some grey urea as tar as maintaining and was going to Zook into what has done in Ne way of maintenance hot believed the city should take a position and requested the wmrniasion cc: z~ly-v6vol grant the mayor aritlrority to sign and certify a map that it has been used as a sir , provided that is what is determinW. Motion by Deputy Mayor Vacua, seconded by Commissioner Sargent, for the period of to e between m rings, if the at rney end building/planving direcWr determine the subject xrea is a streetotha mayor be authorized to sign and certify a nap that tt has been used as a street. ('arried by C POLICE, AND FIREEICH"SERS' PENSION HOARD Me. Smith advised brat at smne¢ime in the nrar future, a Pension Board will have to be xablished for theriew retirement plan for police antl firefighters and the commission will hav nuke eppoit this board. Mr. Smith reported that two c o£ Longwood, Mrs. Robert Won ~vd Mr. Steve Ruiper, have indicated that they wwould be interested in serving ov this board. D. WtLllMERF. DTTCH. A photograph of Mr. Brown's back yard prior to auy eonsttvetion work being done on the Wildurere Duch (Longwood Canal) was circulated te the oommissiou members. A video taken on Monday, February 19, 1996, was then shown of the current condition of the Brown earl Bonner properties. This video indicated that the ditch was now approximately 30 feet wide vs. tlrenacrowerwidth prio r. Dixusslon surraundndwhethertheditch within the ntys 30~foo wide whether the slopes re 3:1, whether the dhdt would re a filled with w awhether vordd be dry m t of the ,the fa< that there was a discrepancy iv theeeounty's planstvs. what wee actually beingroo eted~ Farther, apparently due to not needing the additional storage area, We county did not need the which w s offered by Mr. Don r. The ords'substa tial coinpliai disc seed as they related to the nhange to the plan riot needing additional pem ring from St. Iahns Alter continued dis<usrelon, the wmm ssion agreed tltet the city surveyor go t the Bro m property to e that the nary has stayed within and that the slopes at 3:1 mtd iE iswas determined that the county w vithinelts easement or that thetslopes we e ter than 3:1, the county would be mntaeted- Deprtry Mayor Vaeca, referring to the condition of Mr. Brown's property, risked bim if the nary brought truck Dote his propeny without permission. Mr. Drown said they had e temporary c and in addition, he bad brought so e dirt onto hie enf proporry and said heoiraded them access if Hrey I¢veled thu din on hls prnperry_ I5. CITY ATTORNEY'S REPORT. No report. 16. MAYOR AND COMMISS10NEli5- RFPOR'IS CC: L19~96t5h2 DISTRICT #2. No raport DISTRICT #3. Due to the work se n being ii onvlusive thie a ring, Commissioner Carrico askeA if the commission wished to give Mrc Smith sane direction as o what way to goon the sewer. Further, said he was leaning toward Ms. Mitchell and Mr. Snith going to the bank to get the bond covenants reduced. Sewndly, would like to see what the ponbility would be of activating the dry lines, provided the rates are reduced that tt was not mandatory, and perhaps providing some kin0 of incenitve to hook in. Mayor Wlnsmn preferred to find out about the impact fees before deciding the Issue of the dry lines. Mayor Winston called for a w asking the bank to allow the city to reduce the mpact fees. There wu a unanimous consensus. DIS'p1iICT #4. No report. DISTRICT #5. Mayor Winsron said he wished to emphasize t11e need to get back o the 20-Year Plan. Also, Rangeline Road needs to be put back on the table as a lot of Duey has been wmmitted and it needs to be readdreseed. Mayor Winston »sked it the ecaptu o[capacity from We hospital was still being pu sued. Mr. Smith said a budget nsfer r s approved earlier t the t ring and a check will be s o the hospital for the capacity and we'll see what happen with respec otheir accepting the check Mayor Wiaaton said there were also a number of other things that need to be revisited. DISTRICT #1. Commissioner Benson nddrened the nomination she made earlier n the meeting saying she believed the opposition was politically motivated and had nodring o do with n :. Lveryon i the city is titled to apply and when someone Itas served five years, somrvone else should be given an opportunity to serve. Commissioner Benson also heard that one of the membea of this commission has attended subeo o[the Parks and Recreation Roard and was giving advice on the Sunshine Law. Further, believes dris should he Iefr w the attorney. Commissioner Benson referral to ewspaper article titled "Share The Road," which showeda sign on wbich acar and bicycle rider are sharing the roan Commissioner Benson said this was an experimental pryect in Colorado which they were hoping would eventually be approved for use across the country. Sbe said she thought it was a useful tool for Longwood, and if it with c t approval. this type sign could be put up in the appropriate areas. Commissioner Bensolo said she would pass the artiolc around. 17. ADJOURN. Motion by Coimnissioncr Cnrriw, secnnded by Comntissioncr 13cmm~, to CC 3~19A6\ih3 adjoria. Caaied by unanimous vowe vote. Meeting adjourned ar approximately 9:48 p.m. -~~~ William E. Winston, Mayor ATI" T: ^~~/f ..erala:nb ity Clerk CC: 2-19-90504