CCMtg05-16-94MinP e nayor Raul L ana
Deputy Mayor R argent
sSBensDn
e Miller
mSheltoneS ithamCity Atlm inistrator
ea ld fine D ambri, City Clerk
Richard S Taylor, J City ATtorney
John e ock, of Pla nninq(Bldg. Services
reg M ingD1Chief of Po l.i ce
Dan McNutt, Frnance Director
1. Mayor Lovestzand called a eegular meeting to order at 7.00 PM.
A m of S T MEDITATION was FOLLOWED BY THE PLEDGE OF
ALLEGIANCE eto the Flag.
1. BOARU APPOINTMENTS:
A. CITIZBN TO CITIZENS' A
TMENT OF A DVISORY
CoMMITTEEN(CAC)IOF THE ORLANDO URBAN AAEA TRANSPORTATION
STUDY.
Deferred.
e. DISTRICT #J - NOMINATION OF BUBINE55 PERSON OF THE MONTN
FOR JUNE, .1994.
filler placea , Tnomas,
sayings henehas been n business r ongwoodMS and had
tly purchased Ledo L bur ld ing In orrc
District. Nomrnation was carried by a una nrmous vorce voce.
a. PUBLIC PARTICIPATION.
Me. Steven Blodgett, aid he believed he w s the
object o sele ti ve enforcement o ity c s by t
code enforcement officer, saying he w cited force erything from
lli ng a ing t the s ing o aid he w
sed by the Mayornt ith his c
lelodgett t n presented photographs showing code v
other properties i the City. Mayor Lovestra nd explainedathis sw
a quasi-judicial type c and Uerefore his r n for asking Mr.
Blodgett to come beforea the Commission with his sconcerns.
Ms. Sane cle eton, "/99 Longdale Avenue spoke on two rssues. She said
160
e the C hey w t for the City;
tneya should work 0 any ow lath the Administrator a other
and lis all sides; that fiscal responsdibility
important, omplete understanding of the budget;
suggested t should set goals, plan and work toward
them. She theno distributed copies of Deputy Mayor Sargent and
ampa ign flyers t the C and asked
thatrtheynrevrsrt atheir promises made to the citizens n
Cleeton questioned Commissioner V ith regard t where she
lived and C espondedcthat she lived a
Avenue. Ms imC leetonr eeEut edr her response and, after tadd itRr onal
ents and questions by Cleeton and espouses from
ssioner Cleeton aid she aid believe
s Miming in her eiseriet ana saia sue would,
wrthrn the weekeCgowtO the Governor.
Deputy Mayor Sargent responded t Cleeton's c saying he
has lived up to everything std teAM On Ri.s campaign flyer.
Miller saia c Dula n ing i
homers eet oaboutro eek cand aids h nthat
siding and paying r the address she
statedsro ritici zed those people calling her r sidence demanding
her whereabouts, stating their behavior was rnappropriat e.
a APPROVED B
B. WOR% SESSION, APRIL
26, 1994 SPECIAL MEETING AND MA
Y 2,91994 REGULAR MEETING.
C. ECMENTS FOR FOUR
(4) 1994 HARLEY DAVIDSON MOTORCYCLES.
D. APPROVAL OF' pONATION OF RECOVERED PROPERTY.
Motion by C d by C
t the sC ent eAgendasecon „et ceptio ~nof
th be approved that Item hebeX sidered
separe ely. ra6enson addressed the April 2
Ork notes wanting to that her
regarding the need to Rire a rcnitect foi the
Chambeenx Vation w tea. Mayor L ana said that
Dula ~~aeratooa a~~a the nates es o~la till
approved. said she would accept the
m~n~tea as n m oomment rs recorded.
Tay1Dr s e aid name s regard t
ana asked cnathl be appro~eamsneie~cteo any language
changes that the Chief rand be may deem necessary.
Motion by C approve the C
Agenda 2 owSth dher oc cuts and D and allow
the Att rney t Ondea by c mrssroner
Vacca. card ea by unanimous eollccall vote.
161
Taylor questioned the milage charge, the
clause regarding the deductible ea intena nce o ncyclese
Chief M ing responded to the questions raised which sa t~i sf ied Mr.
Paylor'sn concerns.
by c Miller, onded by c mmiss
thatmIt em 1C eof the C ent Agenda be appro~ed
Carried by unan smous roll ca llnvote.
PUBLIC H ORDINANCE N0. 9 - NDING 'i'HE BUUGET
OCTOBER 1 3 AND ENDING SEPTEMBER
Jo, 19 ROVI DING FOR SDDGET TRANSFERS.
Tayloe v rif ied proof OF publication for the scheduled public
hearing. Mre Taylor read Ordinance No. 94-1198 by title only.
Mayor L and opened the public hearing. No one present spoke
in favorvor rn opposition.
MOtion by C onded by C
Miller, me lose on B public shearing. Carried nby
unanimous voice votethe
n by Deputy Mayor Sargent, s onded by c
Miller t Ordinance No. 9 ending of Budget
for fiscalt year beginning October a and ending
September I e adopted. Carried916y unanimous
roll call vote.
OF 18TH ANNUAL LONGWOOD A
MBER 2 REQIIF,STF.D ABY
C ENTRALEPLORSDP. SOCIETY FOR HISTORIC PRESERVATION AE
Mayor Lovestrand lauded the festival saying he would like to ask
the society to host it twice a year.
suggested disposable waste containers for the
va110[ refuse be used during the Festival a sed at the
Old Lake Mary Days festival. regard t ssioner V
question, Mayor L and said i s his u ing whencthe
approvede they w advised they would not be allowed to
operatew on the weekend Of the Festival.
n by C r Benson, s onded by Deputy Mayor
argent to approveo the request t
and C
the 5 cr etyFSSrequest~ Ncarrted by unanimous rolls ca ll
vate.o
EDWARD HAVERSAT, v IN WILL ADDRESS
THE COMMISSION REGARDINGP ENERGY CloNBF.RVATION.
162
Mr. Haversat presented a brief history of the Company, located o
S]7 Commerce Way, in Longwood. He explained that the energy Oevice
thereby eliminating ergy which salts togs
en was a Te in sav on
iility bills and i omf ort. Mr. Haversat requested the
ssion appoint s ork w ake Longwood the
mostienergy efficient mC ity in the United States m
that the City Administrator be given the authority
tonstudy the project to see if it rs feasible.
aid the City should try to promote a irg fining
business inrthenCitys and show interest in helping the business and
Miller r eepts from a May a Oelando Sentinel
regarding thed proposal nstallation of
streetligh<s along Hwy. 1 and their reference to poor lighting
r lack of lighting bet ng'the c of a cident F talities i
area. commissionee Millee read ehe contributing accuses listedhon
lighting a factor. ued t ead e erpts from the
editorial regarding theH Mayoresn decision sign Mayor,
editorial c ents regarding the city Attorney, reference st other
cidents, and refuted the editorial a ing factual. In
addition, he said endorsements by the Sentinel in the past have
ity should deannex the r ways and has heard e ery argument a
why i should not be deannexed a w Mr. Boyett would have us to
believe that w should n my keep it but should also light it.
He said he believed the lighting was the responsibility of the
deannexation of the portion o
Sleepy Hollow w oodeROadSandct t portion
Hwy. - Ch oof awildmere eo Dog Track and from
163
Mayor L there w e people i the avaienoe w
e speak o ithe i ands asked i eCOmmission would
allowdthem to speak. The Commission agreed. t
Pedlow, e oodgate T ail, said he w also the Chairman
of then Longwood W Springs Chamber of C and said the
CRamber has gotteni with ceetain businesses along the c ridor and
their mayor o sneala e o,~a I- ana
if they won ld havent rely o the 5 my t espond, 4they
ould b ing 4 nutes or longer.e Calso indicated c
itn e ergency v eing able to geteto the hospital andcthe
Cnambrel senior complex.b
Ann Williams, 24"]5 Lk. W umpl D the D ector of the Island Lake
CRambrel Retirement C nity and Nursing H spoke i opposition
o deannexi nq the roadway a hey h dif ficultyngetting o
of the complex ana getting emergency vehicles in now ana if the
Commissioner Mi11ee referred to the Mutual Aid Agreements whereby
offered a ompromis e. She suggested that the a orth on Hwy.
a92 be dea nnexed, which would enable the City toa bring s
their a s back i o the neighborhoods and satisfy some ofethe
people behind this move.
Deputy Mayor Sargent aid any the City ould be
responding to accidents under itheml nter local agreements and said
can determine whether the whole City is in grid-locked
Commissioner Miller said he wished to amend hts motion.
Mayor LDVestrand spoke i opposition t ing t oadways,
ing los's o eabusinesses eo
citizens and staff ado snot want the city to aeannex thatn por Tlon,
164
and due to t kups n the City from a that
portion of t ridor due t ing f thec Highway Patrol.
Said i ou ldhprobably take more CitytPOlice trme while waiting for
the Highway PatrD1.
Miller s after listening to the other C mmissioners
hemw opinion1dChat he would like t
deannex othat eportion of 1 - rth of R and give mtheoCity
Administrator t statement to the Police
rtpolice officers Sn t City, less t
theecoxr idorcemore time in the City. Asked if that was a motr ,
Miller eiterated that the motion w to
deannexronly that portion of the Hwy. 17-92 c ridor,
from Raven n s per C sslDner e suggestion.
Amended motron seconded by Deputy Mayor osa rgent.
. Taylor s agar hed t expre with eegar
[he deannexation hand said hes would have [o do further r ith
regard to the City Charter t if in fact a deannexationccan be
done without going to referendum.
Mayor L d he would like t say that the
raldeandcthe Sentrnel have been very fair wr th h1 objective and
factual.
Amended motion c by a four t vote, with Deputy
Mayor argen r Miller
and c oner vacca voting aye sand mMayoroLOVestra nd
votingmnay sr
The Commissron recessed from 8.25 PM to 8.7] PM.
2) DISCDSSION OF PAY INCREASE FOR EMPLOYEES.
ssioner Miller said previously he had discussed t of
them City employees making less than 5).DO per hour w atperhaps,
underpaid. after reading a letter from theeMayor giving
his opinion on the proposed stop-gap i agreed with the
Mayor that the subject should be addressed during the budget
hearings.
OCTOBER 14 1997 AND E LADING SEPTEMBER J0,
19 4,IPR0VIDING FORT BUOG ET TRANSFERS.
Taylor read Ordinance N -1200 by title on 1y. Mr. smith
beief ly reva ewed the peopos ed tra nsfees.
n by C Miller, s onded by Deputy Mayor
a Tgent, t cept1D - ing
and Fedule a rpublic heari ng12foro .lone 6, 1994.
Carried by una n.imous roll call vote.
165
ADING - ORDINANCE No. 9 ORDINANCE NO.
495, THE C DOF ~T
NGING THERE ORY HEFROMY
REQUESTED B MIKEN}IATTAWAY.CELOCATIONERRN SIDE OF SR a DD FEET
EAST OF GRANT STREET.
Taylor read Ordinance N 1 by title only. Smith
advised that the ordinance achie~es compatibility with the
Comprehensive Pia n.
Mayor L and asked i this z ing classi.f ication allows used
r 1otsVeS ock responded it nwould wrth the application foe
oonaitional Muse.
asked if Coat w intent of the z ing.
Saidrsheo objectedoto The rezoning as she does not believe anyone
xe explained the city has adopted
e law requires thaT the zoning be i ompliance with T e Land
which this particular request would a omplish. Withheegaed
ethe question raised about a r lot, hecsaid the applicant h
also appliea fora onaitionai u e for a r loe, a regwesx
will c before the commission a separate i espo~aea toot
the mrnrmum aceea ge requirements may have been mretluced, but the
n by c Miller, s by c mm is stoner
that Ordinance rN - lc bed a cepted o
eading and that a public hearing be scheduled forfaune
Taylor asked if ne could offer a legal opinion. aid M
ock has adequately explained the request but w ted t
omprehensive Plan calls f on be r
3, andh the owner would have a cause rofhactiond against sthe City if
before the Commission to be approved oe disappeoved.
ied by four ith Mayoz
andz Deputy Mayor Sargent, C Miller and
Vacca voting aye and mGOmmrssioner Denson
voti ngsnoYer
SoN No. 9 - CITY C I553ON RULES AND
PROCEDUR ,TSECTION 5. REGULARE MEETING AGENDAS OMM
Mr. Taylor read Resolution No. 94-'/92 by title on 1y.
166
aid she brought up t about
Uepartment Headss putting i the agenda sand read othe rv rsion
omposed and then read ethe a endment as written by Attorney
Taylor as proposed in the Resolution.
r Millee said he intentled to vote against t solution
smhe sd id snot feel i necessary for a Department Heads to place
anything on the Agenda as
by the language she
omposed b tloptedl ae paxGrt of the P nel Policies and
Procedur ese a Motion died for lack of a second.
Motion by c and ed by c
<hatoR solution N - s previouslysr
beta ead "any agenda items proposed by a Department
Neadmenand be adopted as amended. Carried by unanimous roll
call vote.
sOLUTION N ERING INTO AN IN'fERLOCAL A
PROVIDING FOR .l N FOR NATIONAL P
ELIMINATION SYSTEMS (NPDES)T PERMIT FOR MUNI CIPAL US EPARATE CSTORM
Tayloe r 3 by title only. mith
explained that da Federal oLaw opassed 6i e 80's called t Clean
inking Act requires that ked
pollutant s.a teHe said originally t only required sc ith oa
population of 5 omp Sy. however, 1 321egislation
requires c ithi~ramla egeoc my t vo lved. He s
wi.11 be much m effective to join of the C my t eet
the mandate. orNec noted this was another wone of the 'Unfunded
eeaeral Manaates~~.
Motion by C r Miller that Resolution N 94-763
be adopted om under protest. Seconded by Commrssioner
Taylor said this agreement calls fora expenditure of $10,811
with tM1e potential t t goes beyond t budget Year and said it
might be better t adopt by ordinance. h Tiblier said it i
proposed for the next budget year. Mr. Taylor said that would be
acceptable.
Motion carried by unanimous roil call vote.
O. 99-]69, E NAL
AcREEMENTLFORM2 NG T TY/COUNTY/GTATEOT PMENTTUNIT,
COUNTY-WIDE T
ON ANL AS NEEDED BASIS ACCORDING TO PROCEDUR£SN9PEC IFSED
HEREINES
Mr. Taylor read ResOlu ti on No. 94-"/64 by title only.
167
ing briefed the C the r solution which he
aidf prow ided for collect ive me unty wide traffic enforcement and
rol s s between the c e County, the C unty,
thet5h eriPf~,a the F'3 orida Highway ePatrolem FDOT, and CS% Railroad.
ing then briefed the and esponded to
questions on Resolution No. 94 -]65 and Resolution No. 94-]66,
TY/COUNTY AN'f NE (K-9) UNIT, ACCORDING TO
Mr. Taylor read Resolution No. 99-766 by Cit1e only.
n by C d by C
adopt A solar ion N - solution 94~>65
andcA solution No. 99-]66. Motion 6carri ed by unanimous
r011 call vote.
ith explained that during the budget heaeings when the Parks
and R n Director c n board, the position w s listed i
the ing od a Classification wally the
not the m ing reflected t e position w shf illedta arks
anduRecreation Director and according to the aPay Plan should be
Benson, to c the M ing Document and change the
Parks and Recreation Director s pay grade to 1I6.
whether the pay should be eetroactive to adoption of the f'Y 94
payment as it was an honest error.
Taylor s believed the Commission was legally bound to pay
the proper salary retroactive.
Motion by C Miller, s d py C
ect theeM nning D ded and
thanM Lomax be paid retroactive tos the date of the
168
Commissioner B sugyested the motion be a ended to direct the
ity Administrato~n [o have a budget transfer mpr epared to deliver
the funds to the Parks and Recreation Director.
Miller a
suggestions me onded therm
enaea. Moe.on as anmweal parr ea by ~nanrmoua roll ~aii
18. MONTHLY FINANCIAL REPORT.
McNutt presented t ial Report for the month ending
April 3 atlvised 1that the cash balance w s $4,186,073.
aid w~Oth lthe e ceptton o $200, OOO n [he overnight fund at
Eunba nk, all other funds were invested.r
$139,000.
The Commission recessed from 9:20 PM to 9.]0 PM
A. DOLE/CANCEL CI2'Y COMMISSION MEETING OF JULY 4,
1994HE
The Commission agreed to reschedule the Suly 4 meeting to Tuesday,
eady to be bid and asked if there w any c ents f the
Commission prior to going ahead with the projector A landscape
the Park and The e siden<es and the f that the
lightinget tailed protected eldedt from the
sitlences wasbaiscussed. Miller suggested c acting
the residents who abut the mproposearliyhted bal if field oarea for
aid she i onitoring t e park for t ash and drinking of a hol.
espectmto landscaped buffer iequieements, M aid she
andhMr. Smith agreed s e quick gro ing shrubs should be planted.
Mr. Smith sa is he believetl the major concern was the noise and
limit the hours of play t Mrs. Lomax ageeea b aid
Dula b when games will r beyond 9 .slue
ertime play ~Oe Miller said he jusDOw
e that the neighbor so wool di~ot be kept up all night antl shave
litter in the i.r yard.
r discussion i the u of the commission
totgo head with the installaticniofutheolighting.
169
C. REOVLTS OF SOIL 00RZNG TEST FOR REITER PART( AESTROOMS.
ith advised that they w eady to go ahead w
arkEr Feye will have to do a thick base tof
trtOhis hasHbeen icdonf firmed by a st ructuial engineer and it
willrbeedone at no additional cost.
Taylor said he i tigated and r rched the i ingo
and the regulation. n explained that Bingo i regulatedfby the
ewhat limited bas.i s. He said Bingo i onditional
under t ity C d have to be appeoved by t
commission prior to ope rat ~ngh He said this mattee came to our
it is his opinion, s e the u sed prior to the City
CodeVe endment which made ingo onditional chat
location is not grandfatheredB in and a conditional Use would have
to be granted.
s the c of the Comm~ssi that an ordinance was not
necessary at oth is stime.
B. LONGWOOD NEAL'LH CAA£ CENTER, INC.
Taylor said based on discussion a a previous m ing w
regaed t the c nty's i n locating a drainage a
property owhere the Longwoodr Health Care Center is loca tech he
uthorization to proceed. He estimated it would cost between $100
ana Szoo.
Motion by C Mi11e r, s onded by C
expenditure of 5250, or le ~s mo swhatevercthe
itle s rch i med iately. Sn response t
Taylor s ould ask the title
ompanyi toe LS rch nunder the City aof Longwood a ongwood
ealth C entee a any documents that c up under
that property. Motion carried by unanimous roll call vote.
C. REQUEST FOR ATTORNEY s FLEB.
A. OHN V
F. M9 aFI. 09I DAA, FDOT This action concerns a
co aemnation.~
. Taylor explained t other s relation to the
propertiesialong aHwy. - and it ould be
ary ito file responsive pleadings to assure the City wreceives
ieseappr opriaie snare of the taxes.
170
by Miller, onaea by Depety Mavor
Sargent, t ney be authoeized a 1 four
hours for the referenced case. carried by unanimous roll call
Me. Ta yloe c zed the Orlando Sentinel, Mary Seooks and D
BDyett sayi ngi that their hallmark has n and
esponsible reporting a that M Boyett'sVr add
unt t t libel suit that his an ney ie the
process o preparingr against Don Eoyett, ary it the
Orlando Sentinel. rther~ requestea that the Mayors stop his
actions and statements in the same regard.
21. MAYOR AND COMMISSI ON F.RS' REPORTS.
DISTRICT #S
i Miller said he n ealiz ed that n eryone w
sof oall the facts and said he hopes the m ou ld be put to
rest and would like to get back on Crack with City business.
aid h also understootl that the City A ney just r ved
ustody of o of his children. Me. Taylor c ected C
saying wife has signed o cement mgranting
custody and it has beenm scheduled for a hearing do
DISTRICT #9
Commissioner Vacca said She had the City Clerk write a when
she m ved from her r silence and again had another m ~itten
stating where she w s living and said she would appreciate that the
phone number given to City Hall not be given out for public u..e.
DISTRICT AB
No report.
DS STRICT 81
CommlSSioner Benson eeport ed the following:
Attended the Calno Meeting o May 4
appointed Seminole nCCUnty's £.conom is Development
Inc ask F
SchoolT Board has developed a new Project called Project
Excel".
Attended "Old Lake Mary Days" on May 7th, toured City Hall and
Amphitheatre.
Requested Chat unlit street lights b eeported and that a
program be established where the lights are constantly checked and
ou eeported.
xeaefor i sea traef iC s eillance o wilamere A
speeai nq a signs being run and to pernaps increaseethe
traffic signs On this road.
Tnankea snelton s ietan~e in locating ee~eral
properties that may be usetlff orhfuture parks.
ongly suggested rchitect retained to plan and
ove the proposed Chamber r vation be
aid there w s loose gravel 1 the roadways a
paving t ucks h e gone tnrough andesa id nevery one of these areas
should be cleaned up.
DISTRICT #2
No report.
ith asked that the additional expenditure as per memo from
the Finance Direct r, dated May 16, 1994, be approved.
n by c Miller, s by C
thatmthesa nal expend iTaures, a requested
benapproved. Carrdx edt by unanimous roll call vote.
zz. Weer g aa~oarnaa at 9.se P.M.
~~ ~
Paul Lowest[and, Mayor
off" ~~~~~
ld ~a