CCMtg04-04-94Min111
Pre em:
s Mayor Paul L estrand
Deputy Mayor R argent
mmissioner I
Steve Miller
mmissioner A a (arrived at x.16 PM)
~ Shelton S ithamCity Administrator
raldine D ambr i, city c
ichard 5 Taylor, J ityeA ney
John Brock, Directorrof Planning & Bldq. Services
Dan McNutt, Frnance Director
Mayor Lovestrand called a regular meeting t0 older at 7.0o PM
PROCLAMATIONS/RECOGNITIONS/PRESENTATIONS
presented the proclamation Bill Culbertson, ui ld inq
Official. Mx. Culbertson directedMthe C attention to a
replica of a home on Silhouette Cou which was built by the owner
display for the public to vrew.
ambri read a BTAWSXI
£or being n nated for a National Awa~d ion the 199 BYES 2 C
progeam whichrr cognizes outstanding achievements of youth w
disabilities. Mayor Lovestrand present Ms. Stawskr with the
present t cept t oclamatr he Mayor asked that i.t be
marled to othe applicant Pr
D. OF BtIB2NE56 PERBON OF THE MONTH AWARD FOR
aid she w s pleased to present the Easiness
ntheEM nth A and to Mr. R n Pedlow.
aid M Pedlow w ongwood, C nerd sthe aLOngwood
Florist, was the Presrdent dof tthe Longwood Wrnter Springs Area
112
Chamber of C and also s ved o the Chamber Task Force which
assisted in the selection process for the city Administrator. :~
Mr. Pedlow was presented with the Certificate and photogeaphs were ~
Society for Historic Preservation to the City C and staff
foe their coopeeation i making possible the s of the 17th
Annual Arts and C val. n the n ofc thesB iety, M
Bisi line presenteaat ity rwith aldonationmof $150 andcrequested
that it be applied to the fund being accumulated by the Historic
Lovestrand accepted the donation on behalf of the city
Mayor Lovestrand a ced that the next c ing o
April 1 ou ldnc at 6 0 P.M. a a3TOwn nHal la Meeti ng
scheduled to b heldna Mayor L estrand s
Representative L nstanti e and ORepresentative pob Starks would
be present and invited all to attend.
B. PUBLIC PARTICIPATION. _
Mr. Rick D arlo, 1 cut Way, Hidden Oak Subdivision, said
rai homeowners Owithr chLldren ould like the Commission to -
sider the basketball hoop in their cul de s He said he
alsonwi shed to apologize to the Commission for hrs remarks but was
Mike and Janet Bledsoe, 98] Crosscut Way, said they supported Mr
Mike McClure, 1006 Cross Way, spoke favor of the
proposal saying his two daughterst woultl also users the basketball
Me. inqui st, s08 Missron Oak Ct., spoke rn favoe of the
bask tball hoop.
Commissioner Vacca arrived at this point in the meeting-
aid he did not believe there w any liability on the City one way
or the other whether on a parkaor on a court. ~
~1
113
Norman Hillestad, e uck saw Place, said his s n plays with Mr.
arlo's s and heSw uld be benef ittinq also.o aid he drtl not
believe theoCity would obe responsible for any injuries.
Bruce Wiggins, 9 Cut Way, said the reason he bought on the
cal ae sae waa aye eo its sr~e.
Commissioner Miller said since he rnrtially brought this item
n the cul de s s here and said he would like to call for
another vote to approve thie request.
Deputy Mayor Sargent a if the code allows the c
grant s ing of this mature. Mr. Taylor s ith swritten
permission t however, the m s liability. aMayor L estrand
asked M arlo if he had c red putting the hoop o wheels
and Mr. DeCarlo said he had but rt would have to be coiled 125
Mayor L estrand suggested that if Commissioner Miller wished t
the iss , that he bring it up under his report if he so
aesirea.
5. CONSENT AGENDA:
aid there w e language in the discussion
about the nba sketball Shoop Chat she made......Mayor I,ovestrand said
the Issue would be discussed later.
MARCH 21, 1994 EgUALI ZATION BOARD NEARING, AND MARCH 21,
1994 REGULAR MEETING.
C. VAL O BEER TO CYBERTECH SYSTEMS FOA REPAIR
OFPDEEP WELLC TURBINE.
ith c tified sufficient unencumbered funds were available to
pay the bills.
n by Deputy Mayor Sargent, s onded by c
Miller that the Agenda, su bm itted1Onbe
approvetl. Carried bynunanimous roll call vote.
6. F%BL9]-94, PROVIDING FOR BUDGET TRANSFERS. NG TH£. BUDGET FOR
Mr. Taylors d he had proof of publication Eor all public hearings
listed on thel agenda.
Mr. Taylor read Ordrnance No. 9A-1190 by title only.
114
Mayor Lovestrand opened the public hearing. ND one present spoke
in favor or in opposition.
by C r Miller, s and ed by C
close the public hear inq~ Carried by unanimous
Voice ate.
Motion by Deputy Maycr Sargent, s Onded by C
Miller, that Ordinance No. 9 ending thesBUdget
for F/Y 9J-94, providing for196udget transfers, be
adopted. Carried by unanimous roll call vote.
PUBLIC NEARING, ORDINANCE NO. 94-1191, AMENDING THE BUDGET FOR
F/Y 9l- ROVIDI NG FOR BUDGET TRANSFERS.
Mr. Taylor read Ordinance No. 94-1191 by title only.
Mayne LOVestra na opened t e public hearing. No one present spoke
in favor or in oppositiDnh
Motion by C Miller, s onded by C
Vacca, to closes the public hearing Carried by unanimous
voice vote.
n by C Miller, onded by C
that Ordinance N endinq othe sbudget
forcaF/Y - providing94for916udget e be
adopted, carried by unanimous eo 11 call vote.
8. PUBLIC HEARING, ORDINANCE NO. 9
ARTICLE II, MAYOR ANU COMMI SSION,4 ADDING A SUB-SECTION 2-1].
COMPENSATION.
Mr. Tayloe read Ordinance No. 94-1192 by title only.
Mayor Lovestrana explained t the ordinance w s just part of a
effort be "open ent" and that, ntly~
ompensationnha so been done a a part o uaget a
than thi sn ordinance w ing brought sforward to tr the
separate ordinance. abthe Commission's salary is stil It 5350,
the same salary paid since around 1985.
Mayor L estrana opened the public hearinq. NO one present spoke
in favorvor in opposition.
Motion by Commissioner Miller, s onded by Deputy Mayor
argent, close the public ehearing. Carried by
unanimous voice vote.
n by C n that a ection be added t
allow s si forre pen s that Commissioners i
ach m otfie e of their position, say ingn she
thoughtn 550 per m nthu cou ld be justified. Seconded by
Deputy Mayor Sorge nt.
115
Commissionee Miller said he would like some sort of justification.
Mayor Lovestrand r inded the C n that if any change was
made, it would not become effectiver until after the next
general election. Mayor Lovestrand explained that a
prior t e believed the C s paid approximately
$30 salary and $50 i expenses a expense v others had t
t was chanced to a $l5o peromonth salary for
simplification th
Commissioner V asked what type of expenses could be incurred.
Mayor Lovestrandcsaid probably travel.
Deputy Mayor Sargent said he wov ld like it noted in the record that
he seconded the motion for discussion only.
Motion by Commissioner Benson failed by a four to 0
ith Mayor and, Deputy Mayor Sargente
Miller end c n cca voting nay and
commissioner Benson votingmayeio
n by C onded by C
Miller that oOrdinance Noac9 ending oChapter n2
icle i Mayor and c aainq S b-Section z
ompensat ion, be ad opted 51 Cirri ed by unan imovs roll
calk vote.
FIRST READING, ORDINANCE N0: 94-1193, AM NDING THE BUDGET FOA
F/Y 93-94, PROVIDING FOR EUOGET TRANSFEAB A D AMENDMENTS.
Mr. Taylor read Ordinance No. 94-1193 by title only.
Nutt explained the rs/amendments: getting into
positMOn to make the first s ual payment on the Fire trucks.
The ordinance will be passetl a the last m ing in April and the
money will not be released until the contract is approved.
explained that the t nsfer i nto Professional 5
s to Nestabli sh a fund to a capital expenditueesifor
the c nstruction related to theulnterlocal Agreement foe funding of
Rangeline Road Improvements.
Motion by C Miller, s onded by C
to a ceptsOrdinance N - reading
anddto set a public hearing for9 Apri1318~ 1994.
In response to a question regarding the Rangeline Road project, M
explained that t actor would bill the City, the City
ouldtr and approved the bill, the bill would t
untyeW the c my would submit a check t the dCity and tthe
CityC would then pay t aid this procedure was
established by the interlocal agreement. S
116
Question w why the City w oeking o the road if
s
az
s
funded for drainage
the Rangeline
oad
project is being 1
ponded that there wa some ros
improvements. Mr. Smith res
i
s
t
hej
bri
i
d
bli
k
j
P
s w o
ng
a pa
c
o
n
and the drainage p
pe an
u
c Wor
ordez to prevent further damage to the road s
Motion carried by unanrmous roll call vote.
30. FIRST READING, ORDINANCE NO. 94-1194, AMENDING SECTION 16.5-9,
PURCHASING., TIONS (a) PRINCIPAL CONTRACTING O (1)
AUTHORITY (2) AM DMENTS TO CONTRACTS BY PURCHASING D TOR AND
(]) AM CONTRACTS B NDI NG THE
T
S
R
D
AM
AUTHO ITY OF
CONTRACT
ANO
CONTRACTS BY THE DIRECTOR OF APIIRCNASI NG AND THE CITY ADMINI TOR.
Mr. Taylor read Ordinance No. 94-1194 by title only.
Miller explained that the ordinance simply gives the
Commission a little tighter control.
n by C mmissionei Benson, onded by C
tM1at Ordinance No
9 ending 5 6n5r
.
rchasinq., (a)(1)(2f (3j, be a cepted o
S
s
public M1earinq be scheduled for
first reading and
tM1at a
4-ie-94. carried by unanimous roll call vote.
iDA. FIRST ORDINANCE N0. 94-1195, AUTEIORIZING THE
BORROWING PROVIDING "FOR THE LEASB/PURCHASE O
UN
%~
FIRE LEASE/PURCHASE
AGREEMENT, CIMPOSING CERTAIN TERMS AND CONDITIONS.
Mr. Taylor read Oed lnance No. 94-1195 by title only.
n by C r Miller, s ded by peputy Mayor
94-1195 b ce
ted on first
t
th
tmOrd finance No
p
argen
,
a
.
coding and tM1at a public hearing be scheduled for April
19, 1994. carried by unanimous roll call vote.
31. 756, SVPPORTING T MPLETION OF' THE 5 1/2
EENFWAY BELTWAY AND ITS CONNECTING INTERCNANG£ WITH
Mr. Taylor read R solution No. 9 -'156 by title only. Mayor
Lovestrand explained that Congressman Mica has contacted him and
requested the city support the Greeneway Ueltway extension.
by C onded by C
m y
B
O
Miller, that Reso lution
94 756 be adoptedm
Carrietl
NOS
by coon>meus reel call ante.
L OF THE DRAF'C HISTORIC PRESERVATION ELEMENT TO THE
ION OF HISTORIC RESOURCES PER HISTORIC
PRESERVATION OAGRE£MENT.
I
1
117
ock explainea t ity naa r yea a grant from the
of Historic R o produces the H c Element and
thatsithe eis rbeing asked relyi approve
transmittalCOfmthe draft report to the State Division of Hi st ric
Element is optional. Further, if the City, e later
decides they d ant to pursue Che adoption of the element, they
under no dome c rots w ock n that the
element has b wed by then Land Planning Agency and the
Historic Commission and both have recommended transmittal to the
Mayor L d questioned Tax Abatement provisions i the element
and askedewhat nw s being proposed. Me. 0 ock said the element w
drafted 1 r that reflects a ery partisan look at the
City's Downtown nDistrict. Mr. Brock vthen introduced Mr. Carl
Historic Preservation Element and briefly reviewed the element
suit o nil a endment passed i inq ad
valorem f emptions for the sed nvalue av sed fox
improvements made to qualified historic abui ld ings. explained
that local governments c empt up to i o percent of the assessed
value of the improvements for up to ten years.
Miller indicated his of the
Commissioner concern over some
obligatoey la ngvage within the e dry and suggested the
ord may" instead of cu shall~umm Mayor Lovesteand
indicated concern that some people may think the Historic District
Motion by Commissioner Miller to table the request to a
aid if the City C n feels this way, i
shovldsbe nr anded nto the H n to r w the e
document again, with the feelingsct tmhave been proposed heret iso
they have a document that can be presented to the Commission.
by c Miller T table the r the
c Element [ ork s April e2
onded by Commissioner Vacca. Carried by
The Comm is saon recessed from 8.10 PM to a.ie PM.
118
mith asked Me. McNutt t0 present the proposed procedure. Mr.
McNutt gav short o of the proposetl procedure as per his
o dateA March 2 ssioner V thanked M
for doing the rch and mm aid, eadinq thoughcNthe
information, she believed the justificationrbudget he proposed was
more On the line of what she was seeking.
Motion by C r Vacca, ded by C
to a ~~e<r solutionse naaopt thism~fo~n°noe
justification budgeting as past of the budget process.
carried by unanrmous roll call vote.
Mr. Smith asked the C if it would be too early to talk
about holding work s n Surte. Mayor L
intended to have the Capital Improvement Plan done ss eparately and
prior to the budget, and then it could quickly be reviewed during
the budget process.
Mr. McNutt suggested CIP work sessions be held in June.
It w s the c oP t that work s s for tRe
Capital Plano bee held On the s and and fourth Mondays oin June at
D p.m. The C mmission also agreed that a Agenda Item, e riled
capital Impro Priorities, be addedn the ozk
scheduled o April t25, 1994, ach C r being prepared lt0
submit the items they consider to be praiority Capital items.
REQUEST F VER OF SIGN REGULATIONS, LETTER DATED
MARCH 28, 1994 FROM HOMEA BUILDERS ASSOCIATION, .
Motion by Deputy Mayor Sargent, s onded by C
Mi 11er that a r Erom the c ent sign regulationsna
requested be granted for the weekends April 17 through
May 1 4 during the Parade of Homes. Carried by
unanimous roll call vote. '
14. CITY ATTORNEY'S AF.PORT.
A. PERMISSION 1'O SLLK LEGAL OPINION OF LAEOR ATTORNEY.
Taylor said he has been working with the Chief and A
CR ref c ing an Oath of Office, Code of Ethics and a
statement cfor the Police Department. He said it w s his opinion
that they a modifications of the e fisting oath, Code and m
they w o be able t0 demand t
officern signHtheser documents. a aid he believed i important
ough because of the potential of litigation, wit could be
stly, if ref us ea sign and ved due to
iolati ng o oof these s There£Ore~,eY aid she believed a
labor lawyer eshould be consulted.
119
Cost to hire a labor attorney was discussed and C
suggested t t before another Attorney is hiredmm then request sbe
submitted toe the Florida League. d perhaps they have
already reviewed something like this and would be able to revrew
ana aaoiae.
In response to C Miller, A chief Bakes said
hey h ntlym attended a class on rth is rand a lot o the
Agencies a talizinq their codes, etc. and making a eryone
table Pox their jobs. istant Chief Baker said that
everyoneoin the Police Department will be required to sign.
by C ssioner B onded by C
M~ller, to transmit the documentscto the FloridasLeague
Of Cities in Tallahassee, and to ask for their opinion
and s Nether they have a Eepartment that handles this
mattere w
The C n discussed whether o e League has a labor
specialist son their staff and that they believed the question was
such that the expertise of a labor attorney would be needed.
ended her m n to say that if the
Floridal League of nCities does n tl have an Attorney o
toff who specializes labor that the request be
brought back to the Commission for further action.
Motion as amended seconded by Commissioner Miller.
Motion as amended carried by a unanimous roll call vote.
15. MAYOR AND COMMISSIONERS REPORTS.
Mayor L and noted that the last couple of meetings w ery
lengthy b e during C reports, things w e discussed
that ould ahave been tokens by note to the ity
Administrator. He said items brought up under the C
reports should be when an opinion from the Commis saonmissneeaea.
DS STA2cT p1. LEGISLATIVE OPBATE - FLORIDA LEAGOF. OF CITIES
she would take the Mayor's c
siderati onH and trya to keep Nee report b ief. She othentgaveta
brief o of the Florida League S rwhich she attended, a
per hervm o dated M rch 2 994. she lalso advised that during
the B she had made c with s e legislators that she
believed 3could be of assistance in rev italiaing the SR 434 median
and landscaping.
reported that. the H
likelthe n eof t cal C ochanged tors istoricd'
eshe sai dEa code amendment would be needed to effect
this3change.
120
enaea anay ana the ana
ee~rreac ~eAa~ cozy c e t r t e v~ ac joa ehey has aone i
organizing the E r Rgg Hunt. Shehsaid Deputy Mayor Sargent and
talso participated after w ich they attended the
c She noted that t arket hours could b angel
to terminate eat 12.00 noon as business gets very slow aftercl2.Op.
DISTRICT F2.
peputy Mayor Sargent asked w ether M Tiblier had furnished the
ost estimate t end the hs line down M Mr.
mith said he believed it was being prepared and wou ldabe furnished
shortly.
Deputy Mayor Sargent noted that when CR 4 widened, the City
will lose of the local ana wondered if
alternatives shouldn't b sidered ~eo e help be given to them
relocating to other a r possibly c ing another
portion of cR 42] near the sGeneral Hutchinsosn dParkwayx
DISTRICT #J.
e Mi 11 ee aid last week the Commission discussed
and a roll call v s taken, c ing a basketball hoop
cul de sal. He said the r silents oa w present and a
favor of it. aid s of the r s giv that n
knew i the neighbors agreed t and ow a permanent s uctures
allowed i right of way. Miller pointed to mailboxes
located Sn right o ways which1 her said did n t pose any particular
liability to the City a e permanent than a basketball
hoop. Millerd said the area being discussed was not a
heavy traffics area.
Motion by Commissioner Miller, s onded by Deputy Mayor
argent, that the request be aallowed a special
exception because of the sloping driveway as
aid at the 135t m ing s e had v ted in favor
butmr ved fours phone c expressing anger that she had voted
wi thouter ing t oughly. She said if the C ted
allow thisrhoop, how many other people would be asking tovhave
hoops in their driveways.
Miller said he did not think there would b
multitudenof c asking for a basketball hoop. aid ai
this c then hoopne e put i e driveway because sof the
slope and i n't beaput on wheels because it would have to be
moved 125 f et a
aid the last time she voted n and would v
magain~n Sh eesasid this i not a ant that r ith the lands
Sne said they have n title t vright of way n hey get
title. In addition, osaid the make up of neighborhoodsa change and
izi
then there would be s e homeowners who might object to the hoop.
Said she believed the Commission should vote no.
asked if there w any a of land that could
bemdesignatedwt a court. Mr. DeCarlo said everything is low lying
Motion by c r Miller that as long a not
permanently setsin othe ground and it is set on wheels or
Mr. Taylor said he cannot recommend that the Commrss n uthorize
and tRe P has a problem, then let them deal with it. aid i
gets back to the question of s nctioning playing basketballs;n the
street and law suits and if s e is injured and tit is di$cdvered
that the Commission authorizedeOt.
filler's original m n failed by a r to
with Mayor Lovestra nd~t Deputy Mayor Sargent,
commissioner eenson ana Commrss TOner vacca voting nay and
October and 2 speeding citations written, that the Florida Central
Commerce Parkway roadway be yellow stri pea to assist with traffic
Mr. Donald Flowers, Longwood G s going t enforce
the Police from drag s ripping vdowna that s saying a
last Wednesday night, he saw two officers on their Harleys speeding
down the street.
It w the c of the C that the Police
as onsensus ommission
Chief and the City Administrator r w the need for the
stripping and look Into the incident mentioned by Mr.
Miller asked what the possib.i.l.ity would be of having
e held, perhaps r twice a nth, u ing the s
facility Chat would be u e Teeu D Mayor L and
said there are many senior facilities in the na Tea that do thisisame
little o othing. Miller said perhaps it could be
supported theough commercial osupporters.
Discussion continued as to what government's role in the c ity
should be and whethee government should sponsor such o vents.
Deputy Mayor Sargent aid he thought that government ehas
esponsibility to look after people i the c Wily and to provide t ,
not just garbage servrce but recrea lion services as well.
It w the c of the C [hat the Parks a
as onsensus omm.tssion nd
eation AavlSOry e and t e the i advisement
tocr if feasible ande upresent their
recomme~aations3 eo cne commieslon.
36. Meeting adjourned at 9:10 P.M.
99 Paul x,ovestrana, riayor
ATTPS'1':~ .,'
~~f~
Gera d}ite D. Zatn ~ Ctty clerk