CCMtg08-01-94Min243
LONGWOOD c cornn2ss2oN
LoNCwo cxTY c AMeexs
DDLONCwooo~rwxxoACH
Present. Mayor Steve Miller
Deputy Mayor R n Sargent
r Yaul L and
m5heltone5m ithamCity Administrator
raldine D. 2ambri, City Clerk
ichard S. Taylor, S City Attorney
John Brock, D of Planning/Bldg. Services
Assist. Chief rT rry Baker
n McNutt, F
and Tibliera, nCitylEng ineer/Dir. of Public Works
Sondra LGma%, Dir. of narks and Recreation
Absent: Commissioner Sras Benson
1. Mayor Miller called a regular meeting to order at '1:02 P. M.
2. of SILENT MEDITATION was FOLLOWED BY THE PLEDGE OF
ALLEGIANCE to the Flag.
3. PROCLAMATIONS/AECOGNITIONS:
A. ESENTATION O OSINESS PERSON OF THE MONTH AWARD FOA
AUGUST, 1994 TO KENT RICHTER.
r Lovestiand presented the District $5 Business P
ofmthes MOnth Award for August to M Kent Richter. Commissioner
estra nd s ichter as the P silent of Amfed M rtgage
ompany which lhas b n located for s n years in Longwood a
and that M Dogwood for 41
years, r ember of the Eguity Study C of the J-Cee'sl
of the Lutheran Laity and a and Member mof tthe Central Florida
Association of Florida Mortgage Brokers. r Lovestiand
presented Mi. Richter with a certificate oands photographs were
taken.
B. PRESENTATION OF %£Y TO THE CITY AWARD TO JOHN BISTLI NE.
The City Clerk read a proclamation honoring Mr. Sohn Bistline for
his accomplishments.
st line a ceptetl the " 1 Key t ity A aid" which w
presented by cthe Mayor on ubehalf of h the City Commission.
. Bistline graciously accepted the award on behalf of himself and
his family.
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4. PUBLIC PARTICIPATION.
There was no participation by any member of the public.
5. CONSENT AGENDA:
A. PAY APPROVED BILLS AND ESTIMATED BILLS FOR MONTH OF
9. APPROVAL of MINUTES O SEION, JULY
REGULAR MEETINGY AND JDI,Y W21, 1994 SPECIAL
C. ORDER TO PURCHASE ORDER FSJ 87, WET WELL AT RESTER
D. P Y24-94, .IAIIITORTAL SERVICES TO A & e GENERAL
SERVICES RF
n by C ded by Deputy Mayor
argent, that vthe ne agenda, submitted be
approved. Carried by unanimous roil call vote.
AAING, ORDINANCE N
LONGWOOD, FLORIDA, P
E%cLUS2VE OOF
D WASTF.~ IMPOSI NGR CERTAIN TE coNDITIONS AND
AEgUTAEMENTS OLI
Taylor advised that he had proof of publication f 1 public
hearings listed o e agenda. Mr. Taylor then read Ordinance No.
1212 by title only th
Mayor Miller opened the public hearing. a present spoke in
favor or vn opposition to Ordinance No. 94-1212.
n by Deputy Mayoz Sa [gent, s onded by C
that the public hearing be closed. Carried nby
n by C onded by C
estra nd, that Ordinance N , providing forothe
granting of a xclusive franchise t SERVICES £
the collectiono of c ial solid was e adopted=
Carried by unanimous rolls call vote.
NcE No. 9
EICNTYC(r8o) U NAL U
O PERMITS AFOR TNEO OPERATION OF ADULT
ENTERTAINMENT EETABLISHMENT, ETC.
Mr. Taylor read Ordinance No. 9a-121 by title only.
Mayor Miller opened t e public hearing. a present spoke in
favor or in opposition to ordinance No. 94-1217.
245
by Commissioner V onded by Deputy Mayor
argent, public shearing. Carried by
unanimous voice ~ ote th
by ded by
imposing
me hundred and eighty (180)n day m approval
of conditional u of licensesror permits foe
the operation of adult senteetainment establishments, be
aaoptea.
esponse to Mayor Miller's inquiry, 2ambri aid
applications for adult entertainment establishments had been
requested.
ZC HEARING, O GNDING THE BUDGET FOR
HE FISCAL YEAR BEG INNINGNOCTOBEA 1 34 AND ENDING SEPTEMBER 30,
1994, PROVIDING FOR BUDGET TRANBFER5199
Taylor read Ordinance N - by t nly. Mayor Miller
opened the public h ing.o No4 o e present lspoke in favor or rn
opposition to Ordinance No. 94-1214.
n by C onded by Deputy Mayor
argent, to mclose ntheV public shearing. carried by
unanimous vorce vote.
n by C ondea by C
Lovestrand, othats Ordinanace sN - 1inq othe
budget for the fiscal year beginning O tober ml
ending September 1999, providing for 19budgest
transfers, be adopted.
esponse t inquiry regarding the status of
therm wedCt mthe3FloiidacRetirement System (FRB) on behalf of
Fellin, Taylor said he has s request to the
Retirement System but had not yet recerved sa reply but would follow
up.
Mayor Miller said b eaa in Mr. M Fe Min's c
he did not believessthen ity w r liable for Che aebto to athe
Retirement System. Mayor Miller s believed that M Fellin
knew what w required a esponsible for the debt i red.
There was discussion as to whether the money should be paidc to the
FRS.
Taylor s d his r enaction i not to pay u til the F
replies to the appeals h the City's behalf. Ifs
tate 1 fists on payment the City c d go t
ICMAVana make demand upon them t repay t the City sthat which w
wrongfully paid to them. Further, if that is not successful, he
I 246
ould r end a against M McFellin and/or the ICMA to
force the monres to be refunded.
endment t
states thate OrdlnanceaN - I be approvetl mwitnn the
xc lusion of the $20,600 transfer for payment of James
Fe M in's portion of the retirement until further
rch is completed by the City Attorney. Amendment
seconded by Deputy Mayor Sargent.
r I.ovestrand said he w the C n during that
timer and nas he understood it, the city w sm to rpay a ertain
percentage of his salary toward the retirement and if he chose
other plan, tRat w ceptable. other plan is
less, then the City mustcpay the difference t ftnee5tate.
Mayor Miller said the City Administrator should know the law with
espect to his o t plan and the P net D
uld e his mprerogative. Mayor rMiller
understood thathtne m ney w s being forwarded to the F and M
McFellin intercepted t ing. asked if this w
and M utt saidmit w aM listing of aemployees with M
Fellin'sr n the list as MCFe Slin intercepted the
ailing a d hadehis n Ved from the listing as he said he did
not want the FRS to know the was working at the City.
espouse t and w espect to the payment
made for M aid the C ty had paid only 3]& for
Mr. Korman when 2GF snouldcnave been paid. r Lovestrand
aid he w n to take the s520 600 o til
the A ney rcompletesfnegotiation b was not in agreementuwi<h
accusations made about Mr. McFellin.u
Amendment Co the motion carried by unanimous roll call vote.
Main motion carried by unanimous roll call vote.
COMMISSIONER PAUL LOVESTRAND'S REQUEST TO REVISIT LIGHTING ON
HIGHWAY 1')-92.
and said h intention w s to request t ity
AdministratorLtoeget with t my to get their cooperationCand
e forward with s of cost in order for him to be
better able to present the ris sue.
smith r s„ly z ien he naa
provided, efer =nc Raybun, the percentages rofw frontage by
juri sd ictionso - aid M Raybun suggested the City send
a letter to the C unty C requesting C my participation
the lighting c m arddition, Mr. S ith proposed getting i
touch with C sel6erry and W Speings with respect t their
share. Lovestrandr suggested, sel berry and
Springssshavers 1 percentage aof Cf tage, Tat
Seminole county and Longwood each pay 50& of the total cost.
247
by c r IoVeatrana, by Bapucy
MayornBargent~that othe City A inistratorde be asked t
o pursue working withdthe C my to get them t
sharenthetexpense o the lighting costs on Hwy. 1]-92, at
a 50& far each government.
asked if perhaps C rry and w Springs
shouldsrba Basked ct ooperate. aid he
thought it Quid obe impler tryingr toowgetrafour local
governments to cooperate and to enter rnto inter10ca1 agreements.
Mayor Miller c ented that at n e did any member of this
say that lighting o Hwy. ou ld not be
sefulsr the ei a13 along, w s this. rther, we sharing
Quid probablyts the taxpayers $I, 500 or more each tyear and
would probably set a precedence.
Motion carried by a unanrmous roll call vote.
FIRST READING, ORDINANCE N
THE FISCAL YEAR BEGINNING OCTOBER 1 3 AND ENDING SEPTEMBER ,
19 , ROVIDING FOR 6NDGET TRAN9F'ER5199
Motion by Deputy Mayor Sargent, s onded by C
Vacca, that Ordinance N ending othe sbudget
for fiscal year October 1 and ending September 3
1994, providing for budget9t nsf ers, be a cepted o
eaaing and that a public hearing be scheduled Por
Augustrl5, 1994.
Commissioner Lovestrand questioned the $2,800 transfer i addition
a 52,000 transfer fox telephones. Mr. Gm ith said the system w
costing more than was anticipated. Further, he was cM1eckinq it
iih regard whether the ail option adding
substantially to the c of the system. m ith advised that he
and staff members would be m ing with a representative from the
ompany t Mayor Miller said he would like to know what
percentagemof rthe cost is dedicated to voice mail trtroughout the
City.
Motion carried by unanrmous roll call vote.
~ ARRROVING ENTERSNG INTD AN INTERLOCA[
Mayor Miller advised that this item had been withdrawn.
12. RESOLUTION No. 94-~~] Requesxl NG INTERCHANGE ON INTERSTATE 4.
Mr. Taylor read Resolution No. 94 -]"/3 by title only.
n by C onded by C
Love~ira nd that Resolution aNO. 94-7 requesting nan
248
interchange o Interstate 4 the Longwood e and
the Lake Mary Eoulevard exittwben adopted. Carried by
unanimous roll call vote.
1]. SET TENTATIVE MILEAGE RATE AND PUBLIC HEARING DATES.
Motion by C Onded by C
[strand, o sheet tative smillage r rsfiscal
year i t 5.[601 a the publico hearings
for atloption of the millagenandh budget for F 1995 b
scheduled for September 1 and September 26, 1994[
at "1:00 p.m., rn the Longwood City Commission Chambers.
Mayor M asked M mith if he could balance the budget with
the millage ras proposed .~ Mr. Smith said he could.
Carried by unanimous roll call vote.
14. CITY ADMINISTRATOR S REPORT.
A. REQUEST To CANCEL SPECIAL MEE'PTNG OF AUGUST 4, 3994.
ith a sed t ing scheduled for August 4
eeded to be3c celled h andp ihelpublic hearings rescheduled to
August 15, 1994.
Motion by C onded by Deputy Mayor
Sargent, that mthelSpec is lcMeeti ng of August 4 4 be
celled and that the public hearings for Ordinance No.
- 215 and Ordinance No. 9 216 be rescheduled to the
regular meeeing on August a5, I199a.
and asked the r n for the change and M
ambrsslinw Ls her understanding thata one of the ordinances failed
to get advertised.
carried by unanimous roll call voce.
e. ANONYMOUS COMPLAINTS.
ith s d he had r wed the c t policy for handling
onymous omplain[s andvysuggested thatn the ity cept the
omplaints,ci estigate them, and if valid, take action and if n ,
take no actions.
the c of the C that
because people n aid Oq IVes their
retribution the solution the Code Officer obecomer the
omplainant when it i onymous complaint as per M mith's
In response to the C that
then ode abe nchanged, explained Ithat di~eeectomplaint
procedure s not an ordinances but was policy set by the
249
Mr. 5 aid a clarification w eeded on paying f
fight onferences if the
location i milesr ors less. c aid nthe 5 e has a general
guideline of 550 m r less, b oa law and a policy
and with srespect to the tC ty C
discussed whether o not o night a modat r'onssshould be paid3lf
the conference Socation i miles oro less, vet r imbursement
for local tray o miles o~ less, was also discussed.
Tibliee as Public Works Director. r Lovestrand said he
thought it would be done rn conj unct icon swath budget. Mr. Smith
There w s discussion with regard t the confirmation pzocess and
the position o ity Engineer and Public Works D s defined
the City Codec Taylor suggested the Code could beaclarified
ith respect t the t o positions, it appears they a e two
different individuals, however, it does not say they must be two
n by Deputy Mayoe Saegent, s onded by C
to confirm the appoi of Fernand Tibliernas
Director of Public Works Department.
Tiblier said, for the r ord, the desirability of having t
jobs would depend o the flexibility h might h n looking at
the budget a d going o the e ingestaff andvmaking s e'the
support help nis available. Said r he thought he could handle well
posi t.ions is fine, but i all fairness, if the job w s previously
bei nq done by two m hew ted to be s well defined a
to what the responsibil it iesnare and whatrkind of support help he
slat for M rnbluh as he said he did not believe Mi. Tiblier w
capable of doing both jobs, but if M Kornbluh r
lesser capacity, he believed Mr. Tiblier could hand lemhiseo n jab
and follow up on the public works jobs. d he believed this
gives the Commission a reason to create a slot for Mr. Kornbluh.
250
Therefore, said he w against confirming Mr. Tiblier to both jobs
unless he has supports
Mayor Miller s d it w s his understanding that M rnbluh has
been m ved into a position that i ewhat less already. urther,
r proposed he leave t ity; his job w eliminated b
the lesser job was not eliminated and he has been placed in that
position.
r Lovestrand said M %ornbl uh told him that his job w
eliminatedeand there w o position f r him and that i why he
offered his r signationss rther, I m happy that things have b
changed and he has been offered a position. Mayor Millet sat den
r told M %ornbluh that there w o job available for himo
No one ever wanted to see him lose hi sa job.
Deputy Mayor Sargent called foe the question.
Motion c ied by a three t vote, with Mayor Miller,
Deputy Mayor Sargent, and C acca voting aye
and Commasaroner Lovestrand voting nay.V
E. COMMUNITY SERVICE - HIGH SCHOOL STUDENTS.
ith said, M Tolos had informed him that they needed t
artmlooki ng dsget t ing of the C n to offer
ity S students arnk high school w required t
orkuc nityzs if they wish to r scholarships.
asked the Commission) to inform him if theyehadvany problems in this
respect.
mith reported that M Tiblier has the plans foe the Longwood
(Fairy Lake) canal project if any member of the Commission wished
. Smith advised that he had r ved bids o the sidewalk work
and r ved a project status report from Mz. Tiiblier and the
City's price i a little cheaper than the 1 Said hew fed
to let the City do 1 0 feet and let the C o the balance
but Ms. Ledford had been unable t ach the c if
hey would o e price if they did n t do all Chet workebut
would have tofreport ba k again after speaking with the contractor.
The Commisszon recessed from S.2o PM to 8.30 PM.
Taylor reported o of the agreement between the City
and the ongwood N ing H aid a r going t
title search he was still confused as to thet transfers of certain
251
property s the Nursing Center c Further,
although the City has a then property35it has n r been
ded in the public r ord eandnthe parcel of land that vadjoins
itcis deeded t separate corporation than the corporation that
s the n ing c Taylor r ended that a affidavit
enpreparedrthat reflects the agreement ormig finally made i and
have it r orded s that i reflects the proper legal description.
sa ld he i also talking with the C my Engineer and trying t
t Mrs. Saber with regard to what the C my i ends t
aboutathe r ention pond. Mr. Taylor requested authorivation from
the C n to d up a affidavit that will publicly document
the [y'ssi r to protect the City. aid the
eeds to be r and believed this could be
correcteditoeref lect the original agreement with the City.
Motion by C onded by C
Lovestrand tomdirecte then City Attorney to draw sup othe
affidavit reflecting back to the original agreement that
he City made with the Nursing Home and that the Mayor be
uthorited to sign the document. Carried by unanimous
roll call vote.
p2STRICT "5
and said he believed he had to defend himself
ithi respect t v the a made by Mayor Miller that he w
breaking the Charter.cc ead the motion he made at the last
meeting in which he r q steel the City Administrator to not accept
directed the work of his subordinate. d he w allowed t speak
to the administrator, t ney andst clerk a they work for
the Commission. like cased o£
micromanagment becauseihe doesdnot participatetin thatac
Commissioner Lovestrand s speak t acy
and he Bead a statement i ned Mayor Millercabout
the h of i ing s that as substantiated and/or
and she c tech s ral a amples of what he c sidered
uchcstatements made by Mayor M espect t angeline Road
widening, the law with regard t modations for w n the
and (Department of E en< Protection) D P fines.
urtherrvihe noted that Mayor Miller has expressed c about
poesible law s against the City, and said he believed Mayor
Miller has, byus of his statements, ssarily placed the
City at risk for mal r law suits for slander.
Mayor Miller s Mayor L and called h asked the F
fief w s being violated. aid c vil law i
guided bycstatutese w a former and
ney, w ubj ect o selves to lawsuits o rights to
privacy every day. e Mayor Miller asked Mr. smith about the fine
252
antl M mith 5 hey w e told by E SS]-58,000.
ez<ra~a a tnere w letter
finingsthe city b the S5]a 58,000 wa wha said they could
the City. t Taylor w asked sif he w the m rng with
DEPea d Mr. Taylor said he w ned in the m ing
that the Federal government had talked about fining the City i tthe
eignborhood of $60,000, but after discussion and revae a fine in
the mid-range was imposed.
DISTRICT fl.
Ol STRICT Yz.
Deputy Mayor Sargent asked that he be eep laced a the City
representative to the Bicycle Committee of the MeteopDlitan
Planning Organization as he is unable to attend the meetings due to
a business conflict.
The Commission agreed they should be recognized.
estrand reported that the Dogwood Ruth
Baseball Leagued had w n the State Championship and suggested they
be recognized. Commission agreed.
estrand asked M she wished t speak to
~irlslo Softball League. Ms.s LOmaxa thanked the C n for
agreeing to r cognize the S nole Girls league and then Babe Ruth
eague. .eLOmax then a ced that Longwood is going t
a girls' softball league nn Sign ups will be held o urdayt,
August 6, from 1 fields will be made available
on Thursdays, Satu~days and ~SUndays.F
ced t Dogwood and the Y will c -sponsor a
rm leagueD and the aall-purpose field atM Reiter Park will be
sede aid it would be done with m mal expense t City.
Sign ups would take place on Septemberzl] and they would begin with
ooded a at the corner of wildmere and Oleander on the weekend
of August 11th.
253
Deputy Mayor Sargent asked if the Bike P rol would be in operation
as school opens and Asst. Chief Baker said it would.
Deputy Mayor Sargent said the attendance at the Teen Dance is
growing.
pepvty Mayor Sargent addressed the editorial n the n wspaper
regarding the purchase of the building for the Fire pepartment.
Said he rs concerned with how things get taken out of context.
existl ng Fire statron.
DISTRICT #4.
representative to the Hwy. i1-92 lopment
ehings h 3rd Thursday of then month, from a4:oo P
5.00 PM. Shed asked hif someone else could attend, as she was having
researching all of the complaints she submitted to them.
DISTRICT p].
Mayor Miller spoke t negative editorial regarding
ongwood~s purchase of a hbu ildi ngt for the F pepartment.
then read from a andum w by C hapman which listed
ith regard t the c ent F Department
facility;m i. e.,ss lackw of storage ~ lack vof adequate bathroom
Miller said Longwood w the last City i e general a make
ing other c Hole County who had separated
theirm headquarte rs from their offices.
1]. Meeting adjourned at 9.00 P.M.
4// eve Miller, Mayor, city of Longwood
Za ri, City Clerk