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CCMtg09-26-94Min297 LONGWOOD CITY COMMISSION LONGWOOD CITY COMMISSION CHAMBERS LONGWOOD, FLORIDA SEPTEMBER ?b, 1994 Present: Mayor Steve Miller Deputy Mayor Ron Sargent Commissioner Iris Benscn Commissioner Paul Lovestrand Commissioner Annamarie Vacaa W. Shelton Smith, Cily Administrator Geraldine D. Zambri, City Clerk Richard S Taylor, Jr., City AtWrney Asst. Chief Baker, Police Department John Brack, Dir. of PlanningBldg. Services Sandy Lomax, Parks and Recreation Director Fernand Tiblier, Dir. of Public Works 1. Mayor Miller called a regular meeting to girder at approximately 7:06 PM. 2 A moment of SILENT MEDITATION was FOLLOWED BY"CHE PLEDGE- OF ALLEGIANCE to the Plag. 3. PROCLAMATIONS/RECOGN[TIONS. A DISTRICT #2 NOMINATION OF 6USINESS PERSON FO2 '['HE MONTH OF OCCOBER. Deputy Mayor Sargent n ated Mr. Enzo Pmlivi, o of Enzo's on We Gke Resmvrant, HWy. I7-92, Longvood. Nomination carried by unanimous voice vote. 4. BOARD APPOINTMENTS. DISTRICT#4 APPOINTMENT ~ PARKS/RECREATION ADV ISORY BOARD. Com er Vecw appointed Linda Ashley to the Parks and Recreation Advisory Board. Nominmion carried by unanimous voice vote. 5. PUBLIC PARTICIPATION. Tbeie rveie ~ o public wmnimits. 1298 6. CONSENT AGENDA: Commissioner Lovesband asked that Item P. be considered sepnately. A. PAY APPROVED BILLS. 6. APPROVAL Or MINV'fES OI' SEPTEMBER'], 1994 WORK SESSION AND SEPTEMBER 12, 1994 REGULAR MEETING. C AWAAD OR RFP #31-94, PURCHASE OF TELEMETRY SY51EM. D. AWARD OF RFQ#36-94, FLOW TESTING AND INSPECTION OF FIRE ItYDRANTS. E APPROVAL OF PURCHASE OF TWO COMPUTERS FROM THE CONFISCATION ACCOUNT F12OM 7SD SERVICES FOR $1,450_ F. AWARD OF BID #32-94. LONGWOOD STREES YAVLNG 1994 - (PAVING OF BIS1"LINE AVENUP GEORGIA AVENUE AND MAGNOI.iA AVENUE) G. AWARD OF BID #33-94 -MAINE AVENUE GRAVITY SANITARY SERVICE CONNECTIONS. Mot by Con 6m~ onded by Com er Vao oappro e [heCon ant Agenda, with the exception of Item F. Cetrfed by unanimous roll call vote. Conr~ er Love and indicated co with the and of Cont et for the paving of Magnolia as the Cityrdid not have a mquas[ by petidoW. He asked ~P iE was beivg done legally as the resolution mentions a request by petition anti asked who would pay the other 2U%. Mr. Smith asked Mr. Tbliar to respond. Mr. Tblier said it was a small portiov of Magnolia [hat would ba paved, approximately 200 feet. He surd Station 1] was on one side and the Church on the other. Said he believed the Church would be wiping to pay rhe20% if theywere asked. Question arose as [o whether the Clty wnld legally charge them without e pets Tablivg Item 6.F u ttil the ting was disoussed. Mr.'liblier asked that at lean tl~e other portion of the bid be a vtarded. Mot t by Comp r Lov and, s onded by Con Vaeu to approve sltente 6.F~of the Consevt Agenda, nW; so'lec xception of the portion of the bid relative to the paving of Magnolia Avenue, uu l such tune as the residents on Magnolia are notified- Carried by unanimous roll Doll vote. '/. PUBLIC HEARING -ORDINANCE NO. 941223, DETERMINING THE AMOUNT OF AND FIXING THE. RATE OF AD VALOREM TAXATJON AND MAKING THE ANNUAL TAX LEVY FOR FISCAL YEAR 1995. 299 Mr. Taylor annorineed that he had proof of publiea~ion for all public hearings and then read Ordinance No. 94-1223 iv [ull. Mayor Miller opened the public hearing. No one present spoke in tavor or in opposition. Motion by Commissioner Lovestrnnd, se onded by Co~nmissicner Beeson to close the public bearing. Carried by unanimous voice vote Motion by Commissioner Vacca, seeovded by Deputy Mayor Sargent, that Ordinance Na 941223, determining theamount of and [fixing the of ad valor and making the a ual [ax lery for fiscal year 1995 be adopteda Carried by unanimous roll call vote. 8. PUBLIC HEARING-ORDINANCE N0.94-I224,ADOPTING ABUDGET FOR THE FISCAL YEAR 6EGINNiNG OCTOBER 1,1994 AND ENDING SEPTEMBER 30, 1995, APPROPRIATE AND ALLOCATING REVENUE FOR FISCAL, YEAR 1995. The City Clack reed Ordinance No. 94-1224 by title only. Meyer Miller opaved the public hearing. No o e prase t spoke m favor or r opposmon. Mod on by Con er Vacca, sewnded by Commissioner Benson, to close the public hearing. Carried by u amorous vmce vote. Motion by Commissioner Vacca, seconded by Deputy Mayor Sargent that Ordinance No. 941224, adopting a budget far tha Flscal year beginning October t, 1994 and ending September 30, 1995, be adoptul. Con r Love end objevted t ~ha proposed bndge~ fro a few aspects: Bald eedec sing and doe t think the Cityean goon hke this Eor and a end will bee ring; read from a list of othar local gov and the Federal gov saying n e giving gra c thou a 4% i e~yet Longwood is tsiderin8ngiving appro ately 6.1% and this dou n ncludeca tuber of employee who are re ving special's said no ear study was done tojustify a6.1%ir e. Said he has heard~tlrat e losing fire nrbut has study verifying this and believ of a er Bran ear. Fle asked the Coinmusioners iE they would lae ~ojustify wiry they want o give 6.1 Ir~1 Dapnty Mayor Sergen said be bad no problem justifying the He refar~e cad a saran. s ,vey re mly aon whim mmna~aa dst at poa w need of R 10% ~. He aaia n~ia has m ym boon aon na one ~ reases appee~ w be nigh, wt aml will not bring them rip to what it shows on the enrvey.ne Commissioner Benson said she believed the salaries of the employaes needed to be raised. Said she felt it was the right thing for the benefit of ehe City in order m maintain tha ~ itegrity o[ the work force 306 Commissioner Vacua said the survey indicated the overall average is a 12% aifPerenoe and said she thought it was sad mat the City of Longwood pays their employees 12%less Mayor Miller said the City lost five police oEGee s last yea Assi t Chief baker wnfionnd the figure. Fu rther me City will lose 30%of their Police Deparnnu,t iv the next yea Said the st salary for the City of Lake Mary is Higher thou that of a five yea off goer iv Longwood. Mayor Miller further noted that the polive building will be paid ofE in 1998 and a lot of tho debt service will be paid off. Con er Lov and said mesalary su vey repre sthe pay scale, not actual salaries, and lhes3°°/a~nnd e passiblo 2%a, for up to a 5%in reFle<ted in the survey. It,e Pay plan s updated every three yea and alt it affec sftbeo w hhes. New hires did n get the three raises and that ie why be requested a pay study before giving raises out of liner Comm,eatoner Lovestrand then offercA another amendment. Motion by Commissioner Lovestrand to amend the budget and nediately give vl,e employees the3%Con of Living and hold o~ on me Omer I% nna asoo~asoo until their am,iveraary gate. Sewnded by Commissioner Vacea for diseussiou. Con er Vacca ques ned how this onld affect rhenegot s. Mr_Smi[h said the venting on the raises and be t~6ought at least two ofithe unions are eatisNed; and heave e Wey would go beak to [I,e bargaining mble. Mayor Miller and Com,issioner Denson indicated eovicern with the union negotiations. Motion failed by a fo,u to one vote with Mayor Miller, DepuTy Mayor Sargent, Commissioner Benson and Commissionec Vaux voting nay and C nunissioner Lovestrand voting aye. 9. PUBLIC HEARING -RESOLUTION NO. 94-Z]ti, ADOPTING A FIVE YEAR CAPITAL IMPROVEMENT PROGRAM, FY 95-99. Mr. Taylor read Resolution No. 9d~]]6 by title Duly. Mayor Miller openul me public hearing. Ms Nadine Tolos asked to any changes n the 5 Year Plan vith regard to Rangclinu Road. Mr. Smith advised that Rangeline Road was in me 5 year plan for 1996 but strictly for res,rfacing. No one else present spoko in favor or iv opposition Motion by Commissioner Vecca, sewnded by Commissioner Lovestravd to close the public hearing. Carried by unanimous Motiov by Commissioner Denson, seconded by Commissioner Vacea [hat Resolution No. 94-]]6, adopting a Five Year Capital Improvement Program for FY 1995-1999, be adopted. Curried by unanimous roll call vote. For the ord, Comn et Lov and Bald although he as gen rally in fan of the Five Year Capital Progar~~ he treble to vote in favor due to d e lack of long range planning as the 1996 through 91999 portion w wad in detail with the Commission. Farther, he did not believe money will be available to do the proposed projects for FY 1991 without a m for increase. Motion as rind by a four to with Mayor Miller, Deputy Mayor Sargent, Commiossioner Benson and Commisainner Vacca voting aye and Commissioner l,oves~tand voting nay. 10. PUBLICHEARING-ORDINANCE N0.94-1225,AMENDING CIiAPTER 13.5, PARKS AND RECREATION, ARTICLE 171, SEC. 135-"/, RULES luYU USE POLICY, AND SEG 13.5-8, SCHEDULE OF FEFS. The City Clerk read Ordinance No. 941225 by ti[le only. Mayor Miller opened the public hoaring. No one present spoke in favor or m opposlllon. Motion by Commissioner Vacca, seconded by Deputy Mayor Sargent, to close the public hearing. Carried by unanimous Mot n by Con er Vas onded by Com Lov nod, that Otdin e No. 94 c1225, a ending Chapter 13.5, sparks and Reueation, Article III, Sec. 13.5], Rules and Use Polley, and Sec. 13.5-g, Schedule of Fees, be adapted. lu espon to Mayor Miller, Ms. Lon said so a changes made m the fee schedule; fees w added for rentalaof ballficlds and the gazebo; fees for City employees mtd City widen wbo vi0i Parks & Reo n progta re msnmted. Motion carried by u xnnnous~oll call vote. 11. PUBLIC HCARING -ORDINANCE NO. 94-1221, AMENDING THE BUDGET FOR THE F7SCAL YEAR BEGJNNING OCTOBER I, 1993 AND ENDING SEPTEMBER 30, 1994, PROVIDING FOR BUDGET TRANSFERS. Mr. Taylor read Ordinance No. 94-1221 by rifle only. Mayor Miller opevted the public hea ing. No o e prase tspoke in Exvor ors oppos~t~on. Motion by Commissioner Lovostrand, seconded by Deputy Mayor Sargent, w close the public hearing. Canied by Motion by Commissioner Vacca, seeovded by Deputy Mayor Sargent that Ordinance Na 94-122'!, amending the budgnt for the fiscal years beginning October 1, 1993 and ending September 30, 1994, be adopted. Mayor Miller questioned the ansfer Erom Prii ing and Binding and noteU that Cher mad to bee es budgeted iv the Privting lin and ca ned Depar sal glut over budgeting in the Printieg lino Marion carriedrby unammuus roll call vote. 12. S1TE PLAN EXTENSION -IR MINI WAREHOUSE. LOCATION: 909 E. SR 434. APPLICANT: JR ASSOCIATES. Mr. Smith said staff and LPA recommended approval [or the o ~e year site plan extension. Motion by Commisionw Vacca, seconded by Deputy Mayor Sargent to approve the request. Carded by unanimous roll call 13. NANCY SMITH, TIBERON COVEHOMEOWNERS'REQUEST FOR WATER BILLING AD1lfSTMIcNT. Mr. Bernarcl Kessler, a resident of Tiberon Covo, spoke on behalf of the Tiberon Cove Hon and explained that there was no formal a i, but simply a group of ho swho pay to nthe on ground. Hesm'd they ai ing what appearsvto ba City property and that the faucets for the sprinkler systun arc located behind wall and a fen which they bav unless the ho r allows Them access, He said the $50 ao~~ual dues are strictly voluntary and are paideby 55/60 ho and pay for them of the commov ground, w and electricity. Mr~ Kessler distributed a copy ofathe sago vharged to the a n for [he past yea FIe explained haw they had been charged forvery high usage for five, nonths at which time they reed off the water at the meter and the following mm~tb showeU 60,000 gallons used. He said Hnally the City came out and discovered a valve was leaking and it was replaced and they hav of had a problu~ Mr. Kessler said the ho asking the Con o dire t the Wxter Depar t to refund the a of their average water t sagacand were, therefore, asking for a refund fornMayt Tun ,and Suly. After continued discussion regarding [he possibility of a leak, the possibility that the [ence on Ciry property and whether a re(rind or a credit should be issued if iv fact dmre was a Teak; whether there is a backflow valve; the Cmnmissimi directed the City Administrator, with We City Engineer, W invc~tigate if the fence is properly loevmd, if not have it moved; check the valve to sec if it was o~ is leakivg, if so, i sue the proper crulit to the homeowners. 'fbe Commission recessed from 821 PM w 8:40 PM. I4. COMMtSSIONEIi ANNAMARiE VACCA. A. CODES OF CONDUCT ~ DRESS AND APPEARANCE Comt er Vaw said during badger ork se as brought w the Com 51that the appea of employees, on Fridays, was lacl ng- She asked Eor the Ctom 's thoughts rod ao nthedress policy and dressdow on Fridays es sfie belie e~dsthe Per nel Policyw vagueend that is leH up to the Ciry Adnums[rator and Depar ment Heads to verify with the Administrator. Witfi rice exception of Commissioner Lovastrand, no other Commissioners had a problem with dress-down on Friday and decided W leave rile dress and appearance policy to the disrsetion of the City Administmtor. B. COMMISSIONERS' PAY. Commissioner Vacca asked that the Commission make a decision wlt6 regard fo wbother they a e going to do anything abon a pay in expen allow mileage mbar n[for City Comp s. Com eaSBen suggested the Comp direct the City Admi or to snake a compars etudy of c'ties of like siu and queGry to find out what the bey efiE ara. The Commission agreed. V. FIRST RGADING - ORDINANCE NO_ 94-1226, VACATING AND ABANDONING A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED IN THE RP.AR OF LOT 112, "WINSOR MANOR FIRST ADDITION", PB 17, PGS 23-24, PUBLIC RECORDS, SEMINOLE COUNTY, FLORIDA Mr. Taylor read Ordinance No. 941226 by title only. Motion by Deputy Mayor Sargent. seconded by Commissioner Bevsov that Ordh~xnce No. 941226, vacating and abandoning a portion of e drainage and utlliry euement located iv the rear of Lo[ 112, Wiuor Manor First Addition, be amepted on fast rearing and that a public hearing be scheduled for October 17, 1994. Carried by unanimous roll call vote. 16. FIRSTREADING-ORDINANCE N0.94-1229,AMENDINGORDINANCE NO. 495, APPENDIX A OF 1'fiE LONG WOOD CODE, REPEALING EXISTING CITY CODE REGULATIONS AND CREATING NF.W REGULATIONS PERTAINING TO CHURCHES AND OTHER PLACES OF WORSHIP. The Ciry Clerk read Odinance No. 941229 by title only. Motion by Commissioner Bensoq secnnded by Deputy Mayor Sargent LLim Ordinance No. 941229 be accepted on first raading and tlta~ a public hearing ba scheduled for Octobar t7, 1994. Caried by unanimous roll pall vote. 17. FIRST READING-ORDINANCE N0.94-1230,AMENDING ORDINANCE NO. 495, THB COMPREHENSIVE ZONING ORDINANCE OF THE CITY, CHANGING THE'L,ONING OF CERTAIN TERRITORY FROM R-211 R-3. (LOCATION LOTS 660.695, TOWN OP LONG WOOD, PD 1 PGS 18-24. Mr. Taylor read Ordinance No. 94-1230 by title Duly. Motion by Commissioner Vaccx, seconded by Deputy Mayor Sargent that Ordinance No. 94-1230, amending Ordinance No. 495, chevging the zoning of certain territory from R-2 to R-3, be accepted on first reading and that a public hearing be scheduled for Ocober 1], 1994. Carried by nvavimons roll call t& FIRST READNG -ORDINANCE NO. 941231, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBF;R 30, 1994, PROVIDING FOR BUDGET TRANSFERS. Mr. Taylor read Ordinance No. 941231 by tltle only. Motion by Commissiaver Vaua, sewnded by Deputy Mayor Sargent that Ordinance No. 94-1231 be aevepsad on first reading anA that a public hearing be scheduled for Goober t7, 1994. Mayor Miller said the City Administrator would need to take a good look al the Printing anA Binding line daring next year's budge) review. Carried by nnanimoos roll call vote. 19. RESOLUTION N0.94-771, APPROVING ENTERING INTO ANINTF,RLOCAL AGREEMENT WITH SEMINOLE COUNTY FOR SOLID WASTE MANAGEMENT. Mayor Miler advised that rite Attorney is requcstivg the resolution be deferred to rite second meeting m October. Mot n by Con er Vac onded by Deputy Mayor Surge ~t to table Resolution No. 94-777 to October 1], 1994. Carried by nnanintovs roll call vote. 20. RESOLUTION NO. 94-]G0, DECLARING SPECIAL ASSESSMENT FOR S'CREETS TO BE IMPROVED, DESIGNATION OF EXPENSE'fHEREOF TO BP, PAID BY SPECIAL ASSESSMENT AND MANNER OF PAYMENT. (GEORGIA AVENUE from Credo to Wayinan) Mt~.'Taylor read by title only- Mot n by Conn er Vac Duda) by Cum Benson that Resolution Nofl 94-]G0, declariugnlspecial rt far o be improved, designa of expen thereofnm be spid~by special a atndam of payment, be approved. Carried byane animons roll call vote. 21. RESOLU"CION NO. 94-]6l, DECLARING SPECIAL ASSESSMENT FOR STREETS TO RE IMPROVED, DESIGNATION O[ EXPENSE ThIEREOF TO BE PAID BY SPECIAL ASSESSMENT AND MANNER OF PAYMENT. (I3[STLING AVENUE) The City Clerk read Resolution No. 94-761 by title only. Motion by Deputy Mayor Sargent, seconded by Coinvrissioner Lovestrand [hat Resolution No. 94-"161, deelarivg special reefs to be improved, designation of expense thereof eto bestpaid by special a ant and m of payment' be adopted. Carried by tsnavimcus roll call vote. 22. MONTHLY FINANCIAL REPORT. Mr. McNutt reviewed the Monthly Finaneial Report for the period ending 8-31-94. In response to Cmnmissioner l,ovestrand, Mr. McNutt said the bond payments .were made in August. In response m Commissioner Lovestrand, Mr.'Piblier stated the Lake Ruth and Wildmare dra rage projec were wrt ndy on going. 23. CITY ADMINISTRATOR'S REPORT. A ANNUAL HOLIDAY SCFIEDULE. Mr. Smith advised that x holiday schedule, n o dated September, 1994, had been prepared and funiisied to the Comvnssicn for thm'r information. A. MARKET VALUE-COLUMBUS HARBOR PARK PROPERTY. Mr. Smith advised that tho market value, which was performed by Cliff.IOrdan, tnc of the Columbus Harbor park propertyw alot less that ioipeted. The Con on disv sad the Eac[ that Ne valua st likely low bee as based o r Hte fact that the land is listed asa City park. Discs nued with regard to placinga higher valve rthe laud end that dra balance owedvby the Water/Sewer fund, to the General Fund after the pa}vvevt of $230,000 budgetad in the 1995 budget wa~Id be 5210,000 and if the park was valued at 5210,000 it would wipe out the loan. Mot by Con I,ov and, onded by Con r Vac nsfer $210p00 fro afire General Fundn'to~otlre. Water/Sewer Fund. Moton ncarned by a C. APPOINTEE iN CITY ADMINISTRATOR S ARSF,NCF Mr. Smith asked that the Commission appoint somaooe as Acting City Administ~atordnring the possible dates, as per his memo dated Septmnbar IQ I99Q he might be out o[ rite State. Motion by Commissioner Lovenvand, seconded Ly Deputy Mayor Ron Sargent, ro appoint ]oho Brock for the periods indicated In Mr. Smith's letter, I[ the need arises. Motion carried by unanimous vmce vote. 24. CITY A'ITORNEY'S REPORT. Mr. Taylor informed that Commission that during the Iast legislative session the Code Enter tt law w ended ands era) changes made o rving of per m fine Bthat conflict with tl eCity's tivg code. Mr. Taylor said he wished oabring forward to n [o the City's codes the Plorida Sta The Comnrtsston authorized Mr. Taylor to bring forth a revisiooras par his recommendations. 25. MAYOR AND COMMISSIONERS' REPORTS. District # I. Commissioner Benson said a traffic study was completed by the Police Depar and, the study along with a map, was posted o ~ the wall in rite Con Confere oetRoo n Eor Com er Ben said she wed the proposal and reported that the tudyr also showed n [speed pet nethrough tite City st conslsten - Sho said she hoped m ordinance would be prepared. Mre Taylor said the ChieEehas suggested a ordin ce be prepared as his exper with judges indicn s Ihey have a problem wltlt enforcamen[ unless there is an ordinance. Comntlssoner Benson suggested the Attorney, with the Traffic F tginear, prepare an ordinance. Tha Commission agreed. Commissioner 6enson said she was htrnished an rticle by the Parke an0 Recreation Dire regarding a City of Lake Mary progra which provides raper o We ns by calling a special dedicated telephon tuber. She said she would Itav wpy of ttlee ticle distributed [o the Commission as she though) such a progra t wouldabe of assistance to Longwood's mhzens. Disrict #2. Deputy Mayor Sargent suggested that another meeting he scheduled w w the Adult Entertainment Code and also suggested that the MBI (Metropolitan Dur of Inv stigat on) rapres ve bet led to end. The Coma requested the City Attorvey co ct Wea MBI repres a if he worild'sm with the Commission. Ms. Pryor offered to furnish the name and nueinber of the MBI representative to Mr. Smith. Deputy Mayor Sargent said he was concerned over the Dumber of homes not having house [tubers. lie suggastcrl that Codes Enfoteeinent focus on one area of Code Enforcement e a ume and suggested titer this be the first area of Fouts The Comimssie t ngreed. Depnry Mayor Sargent asked about the status of the Ramangoza vomplaint regarding the ondition at Lyman High School. Mr. Smith said be finally received a call from the School Board and assumed they will now be doing something. District #3. Mayor MIIIer said an examttive sessiov was evaded to wncinde the Conu er een said ebe ovld be of w n fron October 6 W rough October 13. The Com tssian tentatively scheduledtan Execuove Session far September 29, 1994 at 6:00 P.M. m District #4. No reporc District #5. Commissioner I.oveatrand referred to a letter from Mr. Van Pelt, Seminole County Engineering, to Mr. Tiblier which indivated that (PEC) Professional Engineering Covsnltanu had completed Chair work as of October 1. He asked if they omplotvd Cho engineering as the Commission never voted formally w accepe their proposal. He said he believed there was n c u to go with two lanes with grass bm there was a formal vote. Mr. Smith said tleicy are vot through and he tried m contact Mr. Van Pelt today. Mayor Miller said he would Ike to hxve x lot more publio input on this issue before taking a final vote. He snggea2ccl that another publio meeting he held artd that it be advertised for those along Rangeline and near Rangeline. He said to his knowledge Covevtry was vever votified. Danbury Mdl residents also use Rxngeline and he would like to hea a bon all sides. Corot er Lov avd said [w thugs with public input a held and he eady to on Mr. Tiblier said i[ the Con Quid provldenx tenwtive date heswould be ablte to espond to Mr. Van Pelu Com~tissioner Lov and suggested the October 3rd m ring. It w s the s of the Con schedule a Regular Public information Meeting ov Octobe ~24e1996, at'1:00 P.M.'sw¢h all Commissioners to be present. 26. Meeting adjourned nt 9:55 P.M. ~ p//~f ~-uw~ ~LGC~-.~ ~~ ~ ~ ~ Steve Miller, Mayor A...Gi/GG//.~C~°~~li~//~L Geraldine D.'Lambri '4y Clerk