Loading...
CCMtg11-07-94MinLONGWOOD CITY COMMISSION LONG WOOD CITY COMMISSION CHAMBERS LONGWOOD, FLORIDA NOVEMBER ], 1994 Present: Mayor Sieve Miller Deputy Mayor Rou Sargent Cmnmissloner Iris Denson Commissioner Paul Lovestrand Commissioner Avnamarie Vaccx W. Shelton Smith, City Administrator Geraldine D. 7_ambri, Clry Clerk Richard 5. Teylor, Ciry Attorney John Brock, Dir. of Planning/Bldg. Services Gregory Manning, Yolice CWef Dan MoNutt, Rinavice Director 1. Mxyor Miller called a regular meeting to order at ]:05 p.m. 2. A moment o[ SILENT MEDITATION was FOLLOWED 6Y THE PLEDGE OF ALLPGIANCE TO TtiE FLAG. 3. RECOGNITIONS. A. PRESENTATION OFTPIE DISTRICT #3 BUSINESS PERSON OF THE MONTIi AWARD FOR NOVEMBER, 1994 TO BARBARA PARISI, OF SHU7'CER-BUGS, TOWNSHIP PLAZq w. SR 434. Mayor Miller said Shutter-Huge has been established in Longwood since 1985 avd hu done the photographs of the newly elected officialswhev they take o[fioe, the Babe Ruth League, c Mayor Miller recognized Ms. Pans, owner of Shutter-Bugs, and presented her with the business Person of she MonW award Eor November. Photographs were they takev. B. RECOGNIZING ALAN HAMMOCK FOR DEDICATED SERVICE TO THE CITY 0[' LONG WOOD LAND PLANNING AGENCY. Mayor Miller cognized Mr. Alan Han ock for dedicated se oche City of LOVgwood Lind Plxnning Agency avd then presented him wish x ceniFCate of recognition. Photographs were then taken C. PRESENTATION OF COMMUNII'V SL'RVICE AWARDS. Deferred. 4. BOARD APPOINTMENTS: DISTRICT # 3 APPOINTMET;~T TO THE LAND PLANNING AGENCY. Mayor Miler nominated Mr-Marvin Meltzer, currently a member and chairman of the land planning Agency, whose tens, he said, will expire this month. Commissioner Lovestrand noted that the Commission did not reveive a copy of the board Appointment Fornr, in addih'on, said Nis could be We Mayor's last meeting and thought it woulU be better if he deferred the nppoinmtent until tl~e n w Cotnmissivn is ated. Further, Mr. Meltzer has been on this board for six years. Mayor Miller said even though Mc Meltzer has been on for air yeare, he h»s done a good job. Appointment of Mr. Meltzer carried by a four [o with Mayor Miller, Deputy Mayor Sargent, Commissioner 6enson and Comm'ssioner Vacca voting aye and Commissioner LovesVand voting nay. 5. PUBLIC PARTICIPATION. Nadine Tolo4 Highland Hills, said she wished to speak on board appoh~hnevts, noting Wnt the Code says where possible, c s should appoint residents to fill distrcm s 6'm applica wbo livemwlliin nthmr disc She ould appreaate if the Commission would make[ a concerted effort to appoint from their district Ms. Tolos said a vote was taken on the Rangeline Road Project on October 24, 1994. She said the Commission failed to investigate what the citizens wanted ana failed to remember that Ne citizens do notwant four lanes and mostly failed to insist on geetlng all of the (acts before taking a vote. She said the Commission unanimously approval a 15 l2 fool wide medico said there were no Jics, both the wnsuJtavtand City Engine t, but at o time were other plans For drainage dove. She said tltere are viable alternntivms that would solve the drainage problems without widening Rangeline. Mayor Millor said [lie Commission made a decision based on the best advice available et Ne Com r Lov and said the City Engine ried to provide additional infonnaVOn m thissregerd but was cote rupted while Vying to explain. Warren Evans, 105 Rangeline Road, said he did not want Rangeline widened. Said dra rage work is needed, how with respeo o speed bumps, said we Oxv a fine Police Departmentroenf~rcethe speed and would liketto see die speed humps reinaved. Further asked thnt tl~e $800,000 be spent properly to have the exit put in at 14. Mr. Corrado, 102 Clove Ct., said all the homeowners in Sandalwood will be directly ivFluenced by that widening and he road a letter signed by homeowners in Sandalwood in which they requested a concrete wall be consVUCted abnteing their subdivision, if indeed, Wis road is widened. The taxer was presented to the City Clerk. Jo Ann Rebello, Highland Hills, said three times public input was given by residents saying tlrey do not want their neighborhood compromised but no ahen,ative plays have been presented except by the citizens. Said the plan as shown indicated [he Commission was not keeping its word. Jane Ryan McClintock St, spoke against any improvements and said traffic should be disoouragod as mach as poseible. butch Ansel said the widening of the road will bring the road eight feet closer to his fence and the sidewalk will be one foot from tha road. Requested a wall be vonstrueted because if tha ,cad is widaned, it will get orse; fumes, nosh , etc, end a wall will give some of our privacy back. Terry Connell, G35 Chelsea Road, said the cost does not invlude any relocating of lines, land acquisition, a and believas the cheapest price far the road will be 1.2 million, n $800,000. Mrt Connell said he would stop in to review the interlocal ae Bement between the City and Covnry. 6. CONSbt3P AGENDA: A. PAY APPROVED HILLS AND ESTIMATED BILLS FOR THE MONTH OP NOVEMBP.]i. B. APPROVAL OF MINUTES OF OCCOBER 17, 1994 REGULAR MEETING AND OCTOBER 18, 1994 WORK SESSION. C APPROVAL. OF PURCHASE OF LIGH2 WEIGHT ]ACKETS FOR LONGWOOD POLICE DEPARTMENTPHI'LORPR POS'T' FROM THE CONFISCATION FUND IN THE AMOUNT OF $34500. Motion by Con„nissioner Benson, seconded by Commissioner Lovestrand, that the Consent Agenda, as submitted be approved. Commissioner Vacen said she wieheA m make n commen, with respaet m Item G.B, the October ]~, 1994 Minutes, Item #20. She referenced the appointment oP members of the Commission to the Canvassing Boa,d and read from Section ].10 of the City Cade which s that shall be designated but they may notbe assistivga avdidate Svith oppo non ~Shesaid shebeliaved Paul Lovestrand was suppor,ingacandidate.Mayor Miller said in the evenr any member is unable to eerve, is candidate, or is actively participating iv the cavdidaey of a candidate, shall be ,eplacul Tl,ere was continued discussion a whether Commissioner Benson w ively campaigning and it aetermmea by tie ee~nmiaaion, n,at amhengb she had sid~ea an aneoraa,nana aha was nog ively campaigning. Commissioner Lovestrand said he worild withdraw, but had no objection to Com,nisslonr Benson rmnaining on the board. Comm,ssioner Lovestrand nominated Comm,ss,oner Vaoca as Iris replacement. 33] Seconded by Commissioner Bensun. Grried by unzmmous voce vote. Mayor Miller questioned two expendirures. He wes advised that the one item waa for printing of Delinquency Notices for the Utility Department and the other was for a Gas BBQ grill for the Fii e Department Mot to zpprovefhe Consent Agenda, assubmitted, carried byuiammous roll czll ']. PUBLIC HEARING, ORDINANCE NO. 947233, AMENDING THE 6UDGET FOR TFIE FISCAL YEAR BEGINNING OCTOBER I, 1994 AND ENDING SEPTEMBER 30, 1995, PROVIDING FOR BUDGET TRANSFERS. Mr. Taylor said he had proof of publication for all public hearings listed on the Agenda and thou read Ordinznve Na 941233 by title ovly. Mayor Miller opened the publiv hearing. No one prese t spoke in favor ur i opposition. Motion by Comvtiasioner Lovesd'and, seconded by Deputy Mayor Sargen~, to voce the public hearing. Carried by a zmmovs voce vote, Motion by Commissioner Vaccv, seconded by Deputy Mayor Sargent that Ordineoce Na 941233, amending the budget far the fisval year beginning October 1, 1994 avd ending September 30, 1995, be adopted Carried by unanimous roll call vote. 8. PUBLIC HEAI2iNG, ORDINANCE NO. 94-1234; AMENDING THE BUDGET FOR THE FISCAL YEAR BEOWMN6 OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994, PROVIDING FOR BUDGES TI2ANSPERS. Mr. Taylor read by title only. Mvyor Miller ope~ted the public hearing. No one presevt spoke in tavor or in opposition. Mot ou by Comp yr Lov and, s onded by Deputy Mayor Sargent, to close the public henringss'Carried bysunanimous voice vote. Mot on by Con er Vace onded by Comn er Ben i, that Ordina No. 94~t234, amending the budget tw the fiscal year beginning Octobar 1, 1993 and ending September 30, 1994, be zdopted. Carried by unanimous roll czll voce. 9. COMMISSIONER PAUL LOVESTRAND - RANGGLINE 2OAD. Con er Lov ncl rend a o he had written to the Coviniission with regard to the widlhloof the tetl'a and explained drat the n he red to go to the wider median wes for safety znd conecnn with not leaving Ne Clty open to being sued. Commissoner Lovestcand szid he would like ~ amend the modou made at die last pantie meeting to read that the canto median be 12 feet instead of IS 12 feet. Commisiover 6evson said she wished to make it clear that the decision made w rinsed upon a us from the audience and from the engineer that it was scary to nave 15 1/2 in order not to be linnle Por necidents. However, if 12 feet iseiegally possible, she did no any problmn and said sue would second the mottov. Motion carried by unanimous troll call vote, Com er Lovestravd said this will provide av exha 1.9 fee[ on the side of road by sanaT~ otoa. con r Lov and aaia trier Omer aver a fur ara page mpro and nethas aireaUy talkedwi[hsMr. Tiblier who saidtft might be viable. Commissioner Lovestravd said perhaps there could be hvo drainage rystems, also surface drzivage avd suggested me City 6vgineer could look into this avd rewvsider mat poit It s me o[ the Cov tsson to a ceps Convntsstover Lovestrand'a suggestion regrading the Urulnage. I0. RIRSTREADING, ORDINANCE N0.9i1235,AMENDING THEC[TY CODE, CHMTER 13.5, ARTICLE I14 RECREATION/COMMUNITY FACILITIES ADDING A CATEGORY ANU FEES POR RESIDENTS. Mr. Taylor read by title only. Motion by Commissioner 6enson that Ordinenon No. 94-1235, amending the Ciry Code, Ch 13.5, Article IE, Rwreatiov/Community Facilities adding a uew category and fees for residents, be accepted on Lirst reading and thvt a public nearing be scheduled for November 21, 1994. Seconded ny Commissioner Vacca. Carried by unanimous roll call vote. Il. FIRST READING, ORDINANCE NO. 94~I239, AMENDING THE BUDGET FOR T}IE FISCAL YEAR BEGINNING OCCOBER 1, 1994 AND ENDING SEPTEMBER 30,1995, BROVIDINGROR 6UDGE'ITRANSFERS.(PH 1121-94) Mr. Taylor read by title only. Mol on by Conn er Vacea this Ordin ce No. 94-1239, amending the budget Lor the fiscal yearwbegtinuing October i, 1994, and ending September 30, 1995, be ccepted nn Eirst reading and thm a public bearing be seneduleA Lor November 21, 1994. Seconded by Commissioner Benson. Question was raised as to whether the paving for the Community Building parking lot had been bid out. Mr Smith said it was priced out bused on the amount of asphalt being used. Commissioner Lovestrand znd Commissioner-enson szid they would like mtother bid. Mr. Smith said they will go rntt to bid if me Commission wiened. Commissioner Benson said she ould also like to xddress the concrete markers surrounding the Community Building and thought they were uvatiractive and should be rmnoved- Cov er Love and avd Con er Ben ended lhei ~v<I cond,srespecdvely,stoodd the proviso that the pavh~g of the parking lot betbid out. Motion as' amended cerxied by a unanimous roll call vote. 12. FIRST READING, ORDINANCE NO. 94-1240, AMENDING Tf;E BUDGET FOR ]YiE FISCAL YEAR BEGINNING OCPOHER 1, 1993 AND P.NDING SEPTEMBER 30, 1994, PROVIDING FOR BUDGET 7RANSF'ERS. Mr. Taylor read by title only. Motion by Commissioner Vacca, seconded by Deputy Mayor Sargent, that Ordinance No. 94-1240 be accepted on first reading and tbata publi<hearing he scheduled for November 21, 1994. Motion carried by unanimous roll call vote. 13. RESOLUTION N0.94-]]], APPROVING ENTERING INTO ANINTERLOCAL AGREEMENT WITH SEMINOLE COUNTY FOR SOLID WASTE MANAGEMENT. Mr. Taylor read by title only- Mot on by Con er Vacca seconded by Com er Bev ithal Resolut No- 94-']Tl, approving ei rin& in erlocal ague moot with Seminole County [or Solid Waste Mavagen evt, be adopted. Mr. Taylor said hehad so sWe~gre re9nir sthe City to eWe County and said it is his under ending thnr all the City's w inken to the County, avd this agreementwould look the City info using the County [acllities, which could probably change We fmnchise agree City could re eppos n Ero t the fiavchis s if We City tried to change tlersagre its. MreTaylor recommended deterring In order to allow Iiim additional time to resenrch.e Com er Love and suggested Ms. Newkirk from Sen note County bni and to wim areal co~nnr~ar~om 'nle enmm~sson wnenRea wim comm~ss~one~ ~nveeve~n~~ siggestion. Motion to adopt Resolution No. 94-]]] failed by a unanimous roll rail vote. Motion by Commissioner 6enson, se onded by Deputy Mayor Sargent to table Resolution No- 94]]] until November 21, 1994. Carried by unanimous roll call 14. RESOLUTION NO. 94~'I84, PROVIDING FOR I13I; PAVING OF BISTLINE AVENUE, ANU PROVIDING FOR THE ASSESSMENT OF "THE COS'T'S THEREOF, FORTY PERCENT(40%) AOAINSTTHPAHUTTING PROPERTY OWNERS, AND SIXTY PERCENT (60%) AOA(NST THE CITY OF LONOWOOU, PWRIDA. Motion by Commission Vacea to table l2esolotlon No. 94'184 to December 5, L994. Seconded by Commissioner Benson. Carried by unanimous roll cell vote. 15. RI-SOLUTION NO. 94-785, PROVIDING FUR THE PAVING OF GEORGIA AVF.NUF AND PROVIDING FOR THE ASSESSMENT OF THE COSTS THEREOF, FORTY PERCENT(40%)AGAINST THEABUTTINO PROPERTY OWNERS, AND SIXTY PERCENT (60%) AGAINST TFI6 CITY OF LONGWOOD, FLORIDA. Motion by Commissiovar Vaoca to table Resolmion Na 94-'185 to Decambor 5, 1994. Second by Commissioner Beeson. Carried by unanimous roll call vote. l6. RESOLUTION NO. 94-~86, AMEIv'DING THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1995, 1996, 199'1, 1998 AND 1999. Mr- Taylor read by title only. Motion by Commissioner Vacaa, s conded by Deputy Mayor Sargent, that Resolution No. 94-'186, amending the Capital Improvement Program for FY 95 through 1999, be adopted Carried by unanimous roll call vote. 17. CITY ADMINISTRATOR'S REPORT. No report. I8. CITY ATTORNLY'S REPORT. A. LONG WOOD HEALTH CARE CENTER PROPOSAL. Mr. Taylor referred to a prior disc regarding the Citys interest in the Health Care Cen which t a the Con arbor zed e lice rch which re soled then oth nr urns public cords which 1re0uted City's right of re er. Therefore, he said he prepared a t a[fidav aavd re orded it'v the public ords ana si ce that e the County nm has Blad a eovdemnatiov action involving four separate parcels, all of wnivh are wnneMed. Mr. Taylor said he went ahead and nppearad at a meeting, which was of an moergency ana fine a n both or o~eaa law wnme she County ondemned tvo of the parcelstand me Health Care Cen askhigsfor disbar of r 5150,000 in Eunas Fortner, they said the City did not hav eetben parcels, hot r, a~ejodgeordered bath par witnio tenedays It sit they oould ce hirnvaherwise Mr. Taylor said tbe'bo~tomalene was niejudge ruled in the City's for and ordered the funds i~ st bearing a Mc Taylor requested a 'u Cora 's per o be allowed o intervene m this acoon to be sole the City's ~oterest moniis proPerry ins proreued Motion by Commissioner Benson, seconded by Contmissiener Vaeea, to allow the City Attontcy up to eight boars of litigation time xt 590.00 per hour and for the Attorney to report bnckto the Commission when the eight hours was used. Motion carried by uvanmtous roll call vote, B. REQUEST TO MTERVENE IN LITIGATION-LONGWOOD HEALTH CARE CENTER. Mr. Taylor reported that Bevorly Enterprises, owners o[ thelongwood Health Care Center, mtl him with regard to asking the Commission about the possibility of entering into t atgre with th em giving then alease beyond the year2009, withn erthattekes effect, or selling the property to them. Mr. Taylor said hedid not know Vow atsale yr lease price could be established at this time and stggested perhaps they mould be given a fire[ option to purchase. 6evedy Bntetprises also mentioned the posability of baying out the City. He said hn advised Beverly Enterprises of the condemnation action of which they e Said he mentioned to stem the possbility of mrning the condemnation o the City sn titer o legal battle as to who gets the fiends. Mc Taylor ued saying 6evedy Enterprises are interested, however, they rediA the bonds, which theytca oc do without the Ciry's per Elrther, tber as disc abort Ore possiblity of turning those funds over to'tlte Ciry and when they refinance, to do it on property not being wndemned. Mr. Taylor said there is nisv a pessibiliry of a tsiderzble of m nay going to the C1'ty fro n the oitdem as far allowing then oodotdte bonds i xchmtge for giving than Hrst rightaof refusal o a lea or purchase in 2009 or the possibiliry of a sale. Mr_ Taylor said the reams they want to de this is bee a they.v a do najor n the sing ho Mr. Taylor asked if the Comm fed in rpursuirn'gnth~, and i(rso if tieY will allow Item to negotiate on the City'ssbehalpes Commissionm I.ovestrand said it is in the interest of both parties to refinance. Rather, asked wlmt concession Longwood Health Care would give, saying perhaps the interest in all four parcels. Mr. Taylm~ said he nay need a rveyor o help hen with the legal descriptions of the parcels to determine if flee City has in Dell the parcels Con er Lov and suggested assigning rite projee o tlterAdint o decide howCarsdte AUmney ehould go atdils poem and then te[rarttback to the Commission. Mr. Taylor said 6evedy Enterprises said they would cover his fees concerning the negotiating tune and any fees not related to the Iitigatton that were outside the wntract. Mot an by Com er Lov and Wat dte City Adm orbe directedmwork with'the Atm nay ern thei dal is sdgation and negotiations end report back to City Con t the ring and a very m ring a fret it resolved. Second by Centnt~siotter Vaeea. nCarried by unanimouseroll call vote.'s C Mr. Tayler reported his c with the repreremative frem rite Metropolitan Bureau oI Investigation (MBI)eregarding Aduh Entertainment and said he made Eive pages of notes during this conversation. Mr. Taylor said he was ready to meet sn.d he wishetl io N.inli the people of Langvoud LonA for P of F DI 6i i< '3. Ier~ in r ~ned