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CCMtg06-05-95MinLONG WOOD CITY COMMISSION LONG WOOD CITY COMMISSION CHAMBERS 1]5 W. WARREN AVENUE LONG WOOU. FLOIiIOA JUNES, 1995 Present Mayof 6iI1 Winston Deputy Mayor ]im Carrico Con er Ron Saigen Comn er Ann eVac W. SlnelrovnSmidt. City Administrator Richard S. Taylor, tr.. City Attorney Geraldine D. Zambri, City Clerk Eva Neisler, Deputy City Clmk Terry Baker, Assistant Chief, Police Dept. Jolty Brack Dir. of PlannivglZOning Fernand Tiblier, Public Works Director Sandy Lomax, Uir. of Parks and Recreation Absent' Commissioner Iris Benson-Excised 1. CALL TO ORDER. Mayor Winston called the rngnlar meeting to order at "1:05 p.m. 2. SILENT MEDITATION FOLLOWED BY'FHE PLEDGE OE ALLEGIANCE. A moment of silent meditation wns followed by the Pledge of Allegiance. Motion by Commissioner Snrgen[ s vended by Deputy Mvyor Carrico that Comm stoner Denson be excised fromethe mtz ing- Carried by u taotmous voice 3. PROCLAM ATIONS(RECOGNITIONS A. DISTRICT #5 PRESENTATION OI~ OUSINESS PERSON OF THF. MONTH AWARD FOR JUNE. 1995 10 ]O ANN THISTLL'tVOOD. MANE EVENT SALON, W. SR 434. Mayor Winston recognized Jo Ann Thistlewoed- wlto operates The Mane Event a salon r located in dte 434 Center for Ii years xs Business Person [or the Month of June Ms ~ndsnewood w raced o o[ mess and w name ro be present. Mayor winston explained that Ms. ThistlewooA's picture and her business would be displayed on a plaque t in the City Hall lobby. 6. RECOGNIZING ]OE COCCHIARF.LI.A, ASSISTANT STATE A7TORNEV, FOR HIS ASSISTANCE W DEVELOPING THE CITY OF LONG WOOD ADULT ENTERTAINMEN'( ORDINANCE. Mayor Winston recognized Ice Cocchiarella, assistant state attorney. far his assistance in developing the City o[ Longwood Adult Entertainment Ordinance Mr Cocchiarella was present and a cepied the awxrd Phomgrdphs were than taken. C. RECOGNIZING THELYMANGREYIIOUNDS BASEBALLTEAMFOR WINNING THE CLASS 6A STATE BASEBALL CHAMPIONSHIP. Mxyor Winston recognized the Lymxn Greyhounds Baseball Team for having w n the 6A Smote 6esebull Championship. Mayor Winnon read the names of enGt to ember, ach, a oath and team trainer. Deputy Mayor Carrico asistul in tiro rewgnitions ~d the as pre red with a named uesiErate. ['usher, Mayor Winston recognized five members of the team who were named to the Fi rst Team of the All Seminole Athletic Conference SquaA. Photogrxphs were rites taken. Deputy Mayor Carries indicated pride in having two groups capture state chnmpionshipra the Lyman Girls Golf Team and the Lyman Greyhounds Bxseball Team and suggested that 1 signs be placed on the right of ways snpng "Welcome to LongwooQ Home of the Lyman High School State Champions." Motion by Commissioner Vacca, sewnded by Commissioner Sargent, to take a five Mayor Winston nlso announced dtvt Commissioner Sargen trite brink of becmning very old. as he would be celebrating his birthday tomorrow, Best wishes were extended to Commissioner Sargent. Tho Commission recessed from '1:15 pin. to'l:25 p.m A. 60AI2D APPOINTMENTS: A- DISTRICT #2 APPOINTMENT TO Ii ISTORIC COMMISSION Commissioner Sargent read n paragraph which w Cached to Mr. Mark Pease's upplica a~td then nominated hint to the Historic Commission. NOmiitarion seconded by Deputy Mayor Carrico mtd carried by unanimous voice vote. 5. PUBLIC PA12'CICIPATION. There was no participation by the public 1 6. CONSENT AGENDA'. I- A. PAY APPROVED HILLS AND ESTIMATED BILLS FOR THL' MONTI{ OF LONE B. APPROVAL OF MINUTES OF MAY I5, l995, WORK SESSION; MAY I5, 1995, REGULAR MEECING: AND MAY 22, 1995, WORK SESSION. C. APPROVAL OF RENF,WALOFANNUAL LEASEAGREEMENTS FOR FOUA HARLEY DAVIDSON MOTORCYCLES. D. APPROVAL OF ANTIDRUG ABUSE GRANT DISTRIBUTION. E. APPROVAL OF THE 19TH AIJNUAL LONGWOOD ARTS AND CRAFTS FESTIVAL. F. DECLARATION OF SURPLUS EQUIPMENT FOR AUCTION. G. PURCHASE OF 486 COMPUTER FOR PARKS AND RECRPATION DEPAR'PMENT. Commissioner Vacca ankul that Item G be considered separately. Motion by Deputy Mayor Carries, to remove Ltem G. and to approve the Consent r Agenda whit exception of Item G. Seootrded by Commissioner Vneea. Con er Vac asked if the omputer was in the budget Eor [Iris year. Mr Smith said r as'gootg ro beaplaced ii xt year's budget, but moving the office to Cmtdyland red purchasing of as they ar noble t t the amput o the teat' c oden ? In espon o Cono er Van 's que ot~ he replicdrtb Ms. Lomax was using them ney sheet ad saved ,on ~he pwebase of a ntowei. Motion by Deputy Mayor Carrico to end dte m include (tent G. Seconded by Commissioner Vacoa. Carried by unanimous roll call vote. 7. PUBLIC HEARING ~ ORDINANCE NO. 95-1263, AUTHORIZING THE REFINANCING OFTHE EXISTING BONDS ON TtiE LONG WOOD bIEALTH CARE CENTER BY OBTAINING A NEW, NON-RECOURSE DOND TO PAY OFF TI1E EXISTING BOND, TAKINGTITLETO THE LONG WOOD HEALTH CARE CENTER AND CONTINUING TO LEASE THE PREMISES TO 13EVGRLY EN'IERPRi5E5-FLORIDA, ING Mr_ Taylor announced proof of publioation for all public bearings on vbe agenda and he then renA Ordinance No. 95-1?63 by title only. Mr. Chuck trice, attorney. representing J. C. Bradford and Beverly Enterprises, introduced ~ Mr.I{ollingswonin Beverly Entcrprises, and Bob Rotlifront l.C. l3radfoN. the undciwriter. Mayor Wiustou opened the public Hearing and asked iE anyone would like to speak in favor of [he ordinance. Mr. trice spoke in Favor and again briefly reviewed the history of rice Longwood Healtlt (:are Cen mt; 82,100,000 bonds isnied to build the nursing home; bonds ould retire io year 2009, at which time title would go tc the City. Bonds are paid down to $1,600,000. Asked the Commission to focus on two issuer first Beverly does intend to purchase this property endu cup witha wally agreeablea angem and will eo capital projects to inrpro end expand upon the sale ofr the property to Boveoitt How r, Eitle canner go o the City tmtil 2009 unless the bands a refinanced, after 90 days the Ciry can sit down and negotiate the sale with Beverly. He said no new money wns tvolveet ,simply the refinancing of old bands, and he asked that the City approve the crdinancc Ms- Nadine Toles, Highland Hills spoke neither io favor of t opposition but posed questions to which Mr. frirx replied. She also indicated concoct due to the restriction In the Ciq Chmtm~ that a referutdum would have to beheld i{Beverly defaulted and the City wished to purchase the property avd sigges[uI a referendum be held now iv this regard. Mr. Grins said rho City would leave two options, just walk away or, if the property is worth more than the debt, sell the property. No one else spoke m favor or a opposition. Commissioner Vacca moved to close the public hearing. Seconded by Deputy Mayor Carries and cmxied by unanimous voice vote The represenrxcivea Por Beverly and I. C. Bradf rd responded to questions from rite Commissionerv With regard to the savings realized by Beverly from the refinancing, Mr. Roth explained that aftm' bnekiiig out rho nests', prepayment penalty, post for their attorney and tlm City's nay, bond closing costs, eta, they xould receive a net savings of approximately S'9g000- Mt. Taylor said a puchase price cannot be agreed to nt this Hme; however, lie fah better knowing the appraisal preen. Further if Bevmhy defaulted right now, the City would have the option of paying off those bonds, but in order to do ehatwould have to wmply wtth [lie Clim~rer mid it would requireareferendum in order to make that purchase. McTaylor said 6e would wan[ the bonds to state that the property could not be taken front the City until they were able to go through flee referendum process. Mr. Parlor wntimied, if that would be e problmn be world recommend ehe City go ahead witL a referendum and auWority to spend the money to retire the bonds in the event Beverly did defavl~ Mr. trice had no objection to putting in a sufficient time frnme Mr Taylor recommended that Section 5 be deleted (corn the ordinance and that Sutton 6 be ended to acid a pro .v lea subrta e the and onaliions. Mr. trice added ihaot all the documents will be nibjeor to thesCity Attorney's approval. The ismie of the condemnation was discussed end Mr. Grice said that whatever belongs w the City iu the condGnnation, Heverly will have to buy from the Ciry. Said $152,000 has been pnt aside [or the land taken by Seminole County and when [3everly wines back to buy the property, they ntay have to pay the City for whatever amount is owed to tic City. With respect to improvements w the property, Mr. Gripe said they intend to improve the project and believe when they bny this, as a pan of the contrack they will put in as a condition of sale $400,OOOS00,000 in itnprovemevts. Motion by Deputy Mayor Carrico, seconded by Commissioner Vacca that Ordinance No. 95-12fi3 be amended as per changes specified by Mr. 'Caylor and that the ordinance he adopted as amended. Asked iF they mould still meet the July 1 deadline, Mr_ Grice said they believed they could Moticn carried by unanimous roll exll vote. Motion by Deputy Mayor Carries, seconded by Commissioner Vacua, ro move Items 10 and 13 forward. Carried by uoanimovs voice vote. 10. REQUEST TO BE EXCUSED FROM PAYMENT OF A WATER BILLING. IOHN WINNER ON 6E1{ALF OF pfOWARD WINNER. Mr. Winner's daughter was present and requested Ne City pay $100 of the bill saying Nein ~nsut once tympany would be paying all but ehe $100 deductihlc Mr. Taylor cad from See. 23-39 of the City Coda which s s the City ca utilities (re and said be did not believe the Comm n had dte authority to e the paymeoL flee coded a cspon a form be drafted explaining a to wlratathe Cbmnrtsston s uuthontynis with respect to these reque ts. Motion by Commissioner Vacca, sewnded by Deputy Mayor Carrico, that based on Clty Code, that the request be denied. Carried by unanimous rcll moll vote. 13. REQl1EST IYJR CREDIT ON WATER BILLING SUSAN BEMILLER ON BEHALF OF MARJORIE BE.MILLER. Mr. Gary Bemiller spoke on behalf of his mother. Marjorie and explained that the house nt during the high water reading and was asking fat rewnsidaration o[ this billing forsavcrulit of $50. Mr. Smith advised than was no leak; both timef the meter checked out. Con er Vac earl there was no charge [or gxrbage on the bill. Mr. Smith said he would check onetltat. Motion by Cantmissioner Vaocz_ seconded by Deputy Mayor Cat~nco. that the regries~ Eor credit be denied. Carried by a Ihrea to one vote with Mayor Winston, Depary Mayor Cm~rico, and Commissioner Vaven voting aye and Commissioner Sargent vo~ing nay. 8. PUBLIC HEARING -CONDITIONAL USE IiCOUESI' T'O ALLOW THE OPERATION OF AN INDOOR RECREATIONAL FACILITY/FAMILY ENTERTAINMENT CENTER. APPLICANT: M/W RECREATION CORP. (FUN MAC111NE) LOCATION: NW CORNER SR 434 AND N. HWY. t]~92. Mayor Winston opened the public hearing. Mr. Drake Wiyson spoke in favor of the request. Ile introduced Cheryl Duon and then distributed an information packer to the Commission. HesaiU the business hes been io existence [or 20 years and hes been located n the Seminole Plau; have four other stores and also own the Orlando Ice Skating Center. Hours of operation are, 10 e.m. to 11 p.m. week days, 10 a.m. to midnight on Priday and $an~rday, and ll a.ni. to 11 p.m. on Sundays. No one present spoke in opposition. Motion by Commissiovor Vacea, seconded by Depary Mayor Carries to close the public hea ing. Carriul by unanimous voce vote. Motion by Commissioner Vacen, seconded by Deputy Mayor Cnrrlcv, that the Conditional Use, as requested, for M/N' Recreation Corp. be. approved based on tho findings of fact. Deputy Mayor Sargon asked {or the Assi t Chief tinker Mr. Wayso explained, shat the ~ and thisfaulirywould bes niter, aurae asyoungergroup, as they have a "discovery zone and enter ~o birthday parties. Assistant Chief Baker said he had talked to Clrief (:etch of Casselberry and after reviewing the stausmcs considerul they were nog really something to be alarmed about but did suggest ring ov tenths and if ibe~e was a problem, o regni e they provide son e type of priuale securiryx n Mr Wayse ndirated he had no problem complying .vilh the assistant chiefs recommendations. Motion curried by anan~mous cell call votr: Motion by Commissioner Vacea. seeondecl by Deputy Mayor Carrico, to recess for five mates. Carried by unananous voice vote. Recessed f~nin 8:45 p.m. to 8.55 p.n . 9. FIRSP PUBLIC HEARING - CbNS(DER PROPOSED AMENDMENTS TO THE CITY OF LONOWOOD COMPREHENSIVE PLAN TO REMOVE THE PROI'OSGO THREE ANU FOUR CANING OF RANGELINE ROAD F12OM THE CITY'S TRAFFIC CIRCULATION PLAN AND TO MAKE OCHER RELATED CHANGES 1N TIDE PLAN. Mr. 6eock said [he recommendation was to nans~nit the Plan to DCA for their review and s. He said the DCA responsewould probably be received bank around Septravber, and it would probably be November bofore the final public hearing on adoption is to be held- The following persons spoke in favor of trxnsmitling the proposed Plan amendment to DCA: Nelda Pryor, 1081 Sonoma Court Nadine'Polos, I~lighland Hills; loAmi Rebello, FIighland Hilly. Jane Ryxn 303 McClinteck Sc; Mark Pease. Danbury Mill. Tlie following perswi spoke in opposition to the Plan amendment Ed Thcmas, 136'1 Cor lean Canrt. Moved by Commissioner Vxeoa, secended by Deputy Mayor Carrico, to dose the public hearing. Carried by unanimoua voice vote. Motion by Commissioner Vaooa- seconded by Depnty Mayor SargevS that the propcsed Plan amendment 95-Ot to wnstraiv Rxngeline Road to nvo through lanes of traffic, be transmitted to the Florida Deper t of Community Affairs for d~ei and comment pursuantw the requirements of Chaptar 9J-11, F.A.G Carried byVUenaniinuna roll uIl vuer_ 30. REQUEST"TO BE EXCUSED FROM PAYMENT' OY A WATER BILLING - JOHN WINNER ON 6EHALF OF kIOWARD WINNER. Considered follovvmg Item "/. 11. RF,Q[IEST FOR RACE INCREASF - WASIF, MANAGEMENT SERVICES. Motion by Commissioner Vacca to approve Ne $0.24 per monW in rease as requested by Waste Manaaemenc Sewnded by Commissioner Sargent c Justificxt~on for the ~vm ease as submitted by Waste Management was discuesed- Motio~t parried by unanimous roll call votr_ 12. MARK PEASE~LONGWOOD CURVE PROPOSAL_ Mr. Pease clis~ributed a~ infonnaiion packet explaining his preposal for the Longwood Curveand he then_ abrief presentaton. He proposed making Lake F.nime ROadaone way going south .with n rve going to the st for through vafEc avd looal veEfic ovly of Rangeline Road. Further, if n motorist needed to gu north to get to Lake Mary, the Quid have to go north on LongwoorFLnke Mary Road, He further suggested brat Longwood Hills Road be straightened. This would require annexation of properties in the County, as well as, condemnatimt oC some propertiu 13. REQUEST FOR CREDIT ON WATER BILLING -SUSAN BEMILLER ON 66HALF OF MARIORIE REMII.I,ER. Considered following Item ]0. ]d. DEP[1TY MAYOR CARRICO-TRAVEL POLICY Motion by Commissioner Sargent to consolidate Item 14. and 15.A. Seconded by Depnry Mayor Carrico. Cm~ried byn nnnnimous voice vote. Deputy Mayor Carries said his policy minvred the Stnte travel policy except far soma clarifications and some added provisions. Con er Sargen suggested the stablishnr of at ndminietrative wde for the City eing va s poliai of City vehicles of credit ards, Vavel policy, e which, he "olq Quids be wllectively coiyorated ~ code by ordina Commissioner Sm'gentsaid 6e would like to'see the City Adns oristrator wllect these policies from Na departments and bring them to the Commission to see if Ney wont to approve it. Deputy Mayor Carrico was in agreement. Commissioner Vacca thought the idea sounded goad, but that the City Administrator could do soma research and suggested De be directed to stair a process on this. With respect to the credit cards, Commissioner Vaccn snid when the Commission agreed credie w~N: ~ s her impre that s for ergen The Con mberw agreed. Com rttVnun said she wouldt liku the City Adminirtrator to collect the credit calla and be responsible for them. Mr. Smith snid he had no objections; but there are employees especially police and fire, who travel and he explainul how they are used. Assistant Chief IInker said n i us police people have had to a their of personal credit cards far hotel rooms Also. (here was the siwntion dunngsthe Flooding problem and an individual from [he Police Ueparnuent put 3900 on Iris credit Ord for a City purpose. Mot on by Cot er Vncca, sewnded by Com er Sargent, that Mr. Snielr be csponsible fot6use of dre credit cards Carriednbyl~nammous voice vote. I5. COMMISSIONER RON SARGENT A_ OUTLINE-ADMINISTRATIVE CODE (Considered with l~em l4-) B. DELEGATEAUTHORITYlU CODES ENFORCEMENT BOARD AND CODES ENF0t2CEMENT OFFICER TO REVIEW THE C[TY CODE. Commissioner Sargent said he had talked with ]ohn Brook avd Shelton Smirk about Nie xnd w eeking the s of the Com o clira t the Codes Enforcement BoarQ undera[he dire of tha Codes Enforo nt Office v w the code o find tha mbigultie obsolete ovfli<t Heecited a s of eo o drat Ite of, area, c such as, how faunas are installed, animal noises, parking of boars, rvehicles, junk carsf eand said the City needs vifoir codes. Snid becaose of lack of nnifomrity and ambiguity, violations are not being brought to the Codas Board. Mayor Winston felt only the areas lhm are not working should be addressed. Mr. Brock said he believed that was what Conuniesioner Sargen was alluding ~a Mot on by Deputy Mayor Car onded by Comm~ss~oner Vacca to extend the me ring far 20 minutes. Motion car pied. Motion by Deputy Mayor Carrico thot John Brock bring forth Uata to the City Commission regarding areas of concern. Seconded by Commissioner Sargent xnd carried by nnanlmous voice vote. C. REASSESS MEERING PROCESS F'OR TWEN'CY-YEAR PLAN. Con er Sargent said the 20-Year Plan pro eeds to be reassessed mrd suggested either asfaoilita or be sad or That the Cmn n nlelegar esponslbilities to different boards, ., Hist is Con n, LPA, a where they thank the City should be n 20 yea and [hen wthe s~Deputy Mayor Car indicated ogre with the'idea Mayor Win sold hebelfev ie for the Conunission to givemm ~~nput as to what they would like to see ns a v~smn for'llie city. The Commission scheduled rv 20~Year Plan Work Session on June 26, 1995, at ]:00 p.m. Mr. Smith reported that Longwood Utilities is seeking ai ansve~ regarding their proposal 16. FiRS'C READING, ORDINANCE NO. 95-1265, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30,1995, PROV IDINO FOR BUDGGTTRANSPERS. (PH 6t9-95) Mr. ITylor read Ordinance No. 9S-1265 by u~le only- Motion by Commissioner Vaoca iha~ Ordinance No. 95-L265 be eccepied on I'irs~ ~eading xn<I dint a public bearing be scliednlyd for June 19. 1995. Seconded by DepntJ~ Mayor Qurico- Mot on by Deputy Mayor Carri onded by Commissioner Sargen end the meeting for an additiona120 minutes. Carried by unanimous voice vo, ex GrrieA by unanimous roll call vote. I]. RL'SOLUTION NO.95-80R, REAFFIRMING SUPPORT AND ENDOI25EMENT OF '('liE PLAN AND CURRENTLY FUNDED STUDY OF A I'ARALLEI. ALIGNMENT AND INTERCHANGE AT INTERSTATE 4 BY THE FLORIDA DEPARTMENT OF TRANSPORTATION MIDWAY 6ETWEEN THE SR 434 F.XIT AND THE LAKE MARY BOULEVARD EXIT TO RELIEVE THE TRAFFIC CONGESTION ON COLLECTOR ROADWAYS. Mayor Winston read Resolution No. 95-808 by title only. Con ar Vac referred ro the prior where she sugges s not to apprevo the Resolu1tio~ un l after the maating with the Counrys Mot n by Com er Sargen onded by Con er Veo table the resolution to lm e'st9, 1995. Carried by a animous voice vote. 18. REVIEW AND CONSIDER RENEWALOFNON-EXCLUSIVECOMMERCIAL FRANCHISE AGREEMENTS Mr. Taylor said staft would like direction from the Commission regarding renewal o[ these Ganchis and t rake any changes regalrul to update to coincide with the Seminole Cor~nry Iuterlooal Agreement. Mr. Taylor wntinued saying .ve need to get with the County before we redo the franchises Additionally, these are Stnte statutes with regard m recycliuG but initially, the Commissiom cads Hake a dao whether Hiey wish t tl~ase franebis TLe Con asked iE Mr~ Tayloro oulrl have ilia revised afire is For then ring and Mr~7'nylm'seid he could if smH membms could research information regatrding the mterlocal agreement Mot om by Con er Sargemt, that the Atto Hey be directed to prapara updated Ovals of rho offal fi'anchise afire is for the Corot w for the neat agendao Seconded by Deputy Mayor Cameo. Carried by'unasnimous roll call vote. t9. REVIEW AND CONSIDER APPRAISAL OF COLUMBUS HARBOR PROPERTY. Motion by Commissioner Vaeca that the City accept bids and ilia property be sold. Seoondul Ly Deputy Mayor Carziw. The Commission discussed the ft~n<L lrmn the sale being set aside f or the purchase of pork propmty and Mr. Smut said it could be designated in the budget fox capital use for purchase of park land. Carried by unanintmis roll call vote. 20. CITY ADMINISTRATORS REPORT. A. CONSIDER APPLYING FOR A GRANT POR TF1E CONSTRUCTION OF RICYCLB TRAILS. Mr. Smith said Deputy Mayor Carries mentioned to hun that Casselbersy was going to a giant for bike trails. Mr. Smith said he spoke with Casselberry_ city manager, wholtold him money was available in the year 2000 and they diseased the two ertres applyine together and tying the trails t gather between the cotes It was the wnsensus of the Commission w look into applying with Casselberry. B. LONG WOOD VCILiTIES, INC Mx. Smith asked the Commision for direction with regard to the proposal made by Longwood Utilities, Inc. After disc sthec eoE the Corm tthat the City Adm get copies oftteports fi~on Department of Env oal Pro on (DEP) andral~o recent financial natemeuts and report back at ~he next meeting! Motion by Deputy Mayor Carrico, seconded by Coinntisloner Vacca to extend the meeting far Fve mmmes Carried by unanimous voice vote. 21. CITY ATTORNEYS 12EPO12T.:.'o repon. 22. MAYOR AND COMMISSIONERS' REPORTS. DISTRICT #5. Mayor Winston said he was excited and pleased about the Aunual Ans and Cra[ts Festival which will beheld on Novembm t8tlx and 19th. He also reported that n proposal was rewivul [or the City to put a Float in the Citnis Day Parade. Indicated that hews pleased to have an opportunity to meet with the Board of County Commissio•iniers on Tu esdzy. DISTRICTS #1 #2 M3 #4. No reports. 23. ADIOURN. Morion by Commissioner Vaccn, seconded by Commissioner Sergen< ra ndjonrn. Meeting Mjourned at L0.45 p.m. /~> ,/.~~ William E wnswn, Mayor ATT[%5T ~ ;C-araldine I?.~Zambri, CiTy Clerk v