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CCMtg05-03-93MinCommission Members P ent: Deputy Mayor Harvey 5 rilson Anae:son r Fred Pearl Commissioner Steve Miller Commission Members Absent: Mayor Paul Lovestrand sta££ Members Present: Fellin, City Administrator GeraldineMD Zambri, City Clerk Eecky ~ city Attorney ienara w~us, Planning D and Tiblier, City Engineero Dan McNutt, Finnnce Drrector 1. DeMUty Mayor Smerilson called a regular meeting to order at rDD P 2. of silent meditation was {ollowed by the Pledge of Allegiances{o the Flag. 3. PROCLAMATIONS/RECOGNITIONS. A) sad a Proclamation PROCLAIMING MAY 6, 1993 AS B) read a Proclamation PROCLAIMING THE WEEK OF MA 2, 1993 AS MU ICIPAL CLERKS W Ueputy Mayor Smerilson presented the proclamation to City C1erkKGeri Zambii. C) Deputy Mayors rilson presentetl Certificates to KATRINA BLUMENAUER, e E SAMES AND JONATRON SPRAGUE i cognition o£ thelz community inv olvment and spirit £or decorating Lodding Park, which is located at the north end o£ Pelican Street. Deputy Mayor Smerilson also recognized Mrs. Lodding who was rn attenaanoe. a. PUHIIC PARTfcIPAmxGN. Deputy Mayor Smerilson n ted that there w number of cStizens ~ signed up to speak at public participation with regard to I m qlb on the agenda and asked the Commission i.t they wished to move Item N16 on the Agenda to follow Public Participation n by Commissioner Miller, s onded by Commissioner Anderson that I 16 be m ved up o the Agenda to follow public participation. Carried by unanimous roll call vote. argent, 342 O t Avenue, presented a petition which addressed to Commissioner P arl and to the Commission. He then ead the Petition which expressed appreciation to C Miller (along with Mayor L estrand) for their efforts to helprwith the flooding problems i Wildmere antl said C Miller w individually responsible for discovering and stopping the purchase of eeper from the stormwater drainage fund; and expressed that sthey w upset with the a cations of C sa ion Anderson, Fellin and Commissionerou ari's questions of impropriety i situation that doesn't reflect the opinion of the citizens hip arl replied saying that only m s before the meetings hen hale asked the Administrator about then status of this espons ible fora ist ing the r sitlents i the wildmere a aid the C orks by a majority, there is no way that one Commissionermcan work without the others. Co~mnissioner R Anderson stepped down from the dais and addressed the Co~mniseion L'rom the podium public participant. Commissioner Anderson said he r ved sby certified mail a letter from the law office of Thomas L estephen, 531 Dog T ack Road w ich ne wisnea t ead i the r ors. mne letter a sea commissioner Anderson of slanaezing Mayor L estrand a gne April lz, 1593 eeting when M Anderson a sed Mr. L estrand of breaking the ethics and s nshine law and w ned that C and i entitled to udamages, both punitive and compensatoryL and the w take legal if uch esponsible onduct repeatedl Commissioner Anderson said nei wanted people cto know what some o£ them axe having to put up with. Mr. Mc Fellin read a itled angeline Road Improvements". Tne ted that a £undmoft$BOO~OOO has been allocated for "Tra£f is Flow and Safety Improvements" to Rangeline Road with a listing of improvements [o be c sidered aid nothing has been decided nor has it determinednthat Rangelinesshould be widened but he was Seminole County's budget for Rangeline Road, and m ney c follow, addition, he said the City has also budgeted some money and identified it in the C p Plan. wells explained that the omprehens ive Plan called Eor improvements to Rangeline Road and said staff w ted direction as to which improvements the Commission wished to see completed. Commissioner Peazl aid he would need m information before addressing the question posed, v raf£ic c number and location of a cidents. However, heecontinued he w not in favor o£ widening the road in the middle o£ a residentialsarea. Tiblier, i esponse to questions posed, stated no preliminary engineering has been completed at this time a of ould be needed. Ne said staff did not wants to spend Heys ono plans until the Commrsaron decides iE they want to go forward. Commissioner Anderson said he w t going t cept an $RDD,DDH gift Erom the County to i nee the City areaidents for the benefit of the County residents nr McFellin said staff w asking for the o ity t address the s angeli ne Road the way the Commission wants i addressed tro He said the Connty rs not dictating what the City granted in order to come up with a solution to the Aangel ine Road Deputy Mayor Smerilson asked Chief Manning to address the i Chief M ing said he would be in favor of u ing the m Hey sf or drainage nn angeline but opposed t the widening and to signalizationA aid he could however, go either way with regard to a enter turn Slane. aid the a r to the Rangeline Aoad traffic problem would be for the C my sto provide a t from I-4 ood Dlvd. aid Highland Hi11s and Tiberonesubdivisions noten and the widening of Rangeline. aid there a endous amount of children rn the area walking to two/three schools. Commissioner Miller said he w agreement with Chief M ing and said he would support planrnlong on drainage and ashort on Chief M ing said he would support extending the turn lane onto Church Street. Deputy Mayor 5 iilson said he has fought the widening of Rangeline from long before he w n the Commission. He said he would like to see a 25 mph speedalimit enforced. Depu[y Mayor 5 rilson opened the floor to public participation on the subject oEmAangeline Road. ands Maliborski, 6"10 D ns hire Blvd., spoke i opposition to the widening and cited concerns for property value and Mudd Lake. Milan V ns ki, 931 Alameda Dr., spoke opposition the wideningeC and erred safety concerns for rschool children and Nadine Tolos, Highland Nills, spoke i opposition to the widening. she asked if the City could £ind o what else the penny tax could be applied to and she suggested the w side of Rangeline, where abuts the wetlands, could be repaired and also suggested the ney be used for drainage. She cited her c s £or the safety of the children and the dangerous s n that c ently a iste of entering and leaving the subdivis ions talong Rangeline that would the City's Comp Plan be a ended t show Rangeline a sidential cad and inform the County that the City has other alternatives to widening. s Parrott, 918 Rangeline Aoad, spoke r opposition to the widening and said i should be kept a sidential neighborhood. aid a of tra££ic from the Lake Mary Boulevard a being antl s law enforcement eeded. The ebest alternative he said is to make Rangeline a deadend. Daniel Burke, 910 Rangeline Road, spoke opposition to the widening and said r addition to other c entioned, the large oaks along Rangeline would be lost. He saidstraff is could be better controlled with more stop signs. e probably m impacted than m s he has put in $30,000 w rth o£ improvements e a ~ pool, e and said he has m ith oM Tiblier with regard to drainage problems. aid Bother than drainage improvements, he w opposed to the widening. Said he also speaks for the Woodgatearesidents with regard to the drainage problems. Harold Libra, 951 Alameda Dr. spoke i opposition and said his two major c the tlrainage and safety and said 958 of the traffic ogoing sup Rangeline has nothing to do with Longwood. Commissioner Anderson indicated concerns o the drainage problems saying he did not realize they w extensive and said perhaps e Eu nds could be spent to c ect the problems. It w noted that Rangeline w s due for r ur£acing next year o [he sCity's urfacing schedule and tlrainage cold be part of that. r Anderson suggested perhaps it could be moved up on the s~nea~ieene Hepnty Mayor smerilson aaia input hears t nignt a well as tnrongn pnone calls ne r wed inaieate opposition t inq ana any aignauzauon. saga ne r was requests fey e~ie~ ass the apeea limit law and addit Tonal esidewalks. Commissioner Anderson said he would like to see sidewalks installed up to Devonshrre. n by Commissioner Anderson, s onded by Commiss ionei Miller to giveoCity staff the latitude to look at i s 2 and 3 of the staff proposal, also that sitlewalks be installed on Rangeline up to Devonshire. Commissioner Pearl asked that the r urfacing o£ the road be ncluded. Anderson and Commissioner Miller amended their m ands ss n nd t add r urfacing. Motion as amentled carried oby oa unanimous iUll call vote. The Co H. PPROVAL OF MINUTES OF APRIL 12, 1993 REGULAR MEETING ANC AYREL 19, 1993 REGULAR ME TING. C. AWARD OF HID k14-93, GRANT ST. DRAINAGE IMPROVEMENT 539,828.85. D. AWARD OF H D M12-93, JACK b BORE HIGHLINE D FORCEMAIN TO CENTRAL FLORIDA UNDERGROUND IN THE AMOUNT OF 526,543. Commissioner Anderson asked that Item H, be considered separately. n by Commissioner P ail, onded by C Anderson that the Consent Agenda, with theeexception o£ Item H~ be approved. Carried by unanimous voice vote. Anderson asked that the of April 12 be ectedReto nclude the of Lynettes the Code Enforcement member referencednn second paragraph Dfrom sthe bottom, Item q 14, of Page 76. Anderson asked that the be c ted ncluderthe Building E ary's n ington mentioned by C Millerc eCOmmissionei HAndersonww whether ri s the Minutes of April 12 or 19 ands askedu thats the City Clerk v rify the c t date. (Correction t0 be noted to April 19, 1993 Mrnut , Pagec 83, 2nd paragraph). r Anderson asked that the M OP April 19, 1993, page185yo be c ted. aid Commissioner P ail qualified his ith regard to withholding Mr. Baker's pay by saying "if theremi any way legally that his pay c n be withheld, then it should be done" and asked that this phrase be inserted. n by Commissioner Pearl, onded by Commissioner Anderson that the Minutes of April 12 and April 1 , 1993 be approved with ANCE N0. 93-1129, AMENDING F/Y 92/93 TUHPROVI DING FOR BUDGET TRANSFERS. Ms. V ted she had proof of advertisements for all public hearings listed on the Agenda. read Ordinance No. 93-1129 by title only. Deputy Mayor rilson opened the public hearing. No o e present spoke in Eavor or rn opposition. Motion by Commissioner Anderson, onded by Commissioner Pearl that the public hearing be closed. sCarried by unanimous roll call otion by C ail, s onded by Commise inner Miller that Ordinance Ne~9391129r be adopted. carried by unanimous roll call ]. HLIC HEARING, OR-INANCE N0. 93-1131 VACATING ABANDONING A RTION O A ]' AGS AND UTILITY EASEMF.NT~ IACATION: NORTH SIDE OF LOT 31, BIDDEN OAX ESTATES. AEpDESTED BY: WILLIAM A. HER%. read Ordinance N 93-1131 by title only. Beputy Mayor Smerilson opened the public hearing. No o e present spoke in Favor or >n opposition. n by C ail, s onded by Commissioner Anderson, to close the public hearing. Carrietl by unanimous roll call vote. n by C Miller, s onded by C ail, that O~dinance No.si9311131 by adopted. Carried by unanimous roll call 8. LIC H 93-1133 - APTER 2, VI, PAOVID NG FOR A POLICY LUR COMPLETION OFRMINUTES OF CITY MEETINGS. sad ordinance N 93-1133 by title only. Deputy mayor smerilson opened the public hearing. Nadine mobs spoke i opposition to the ordinance. she said she believed [hat if the requirement to have m notes completed within ] business days w adopted by ordinance, that undue stress ould be placed on the Clerk and/or s s due to the penalty if n omplished within the required timeiperiod. she aid ifneffected by r solution, it could accomplish theosame goal. No one present spoke in Favor. r Anderson said he believes there i a policy requiring the City Clerk to have m ompl eted within ) days and this ordinance w intended to make s all the boards have the s policy. tae sfurther said perhaps ra e£ relief needs toabe looked a it in fact a ergency a ea Commissioner P ail said he has a problem withn it due t the spenalty. aid the ordinance could be nmended to oprovi.de a verbals reprimand as a penalty. asked why the policy could not be passed by solutinnMSand o she areplied that r solutions w ended for temporary issues, ordinances are usually more permanent. n by Commissioner P ail, onded by C Anderson that Ordinance N 93-1133 be defented and that sa solution be drafted to provide for the requirement with a reprimand penalty. Carried by u roll call vote. 9. JR M OUSe SITE PLAN EXTENSION. APPLICANT: SR TESNIINCAEH 909 W R 434 (NORTH EIDE OF AC PION YLAZA~A ZONING: C-2 ~c LAND USE: MDR 5 Wells explained that applicant w requesting a six month extension to a previously approved site splan. n by Commissioner Mil lex, s onded by C ail that theiextension be granted. Carried by unanimous roll call vote. S0. AMERICAN CENTER (S.E. RECYCLING SITE PLAN) APPLICANT: AMERICAN RINDUSTRIAL C 800' N OF MARVIN AVEN , ETWEEN SARAE E CHARLESE STREET CA ZONING: i-2. Mr. Wells explained there w ending comments and the applicant has agreed to abide bysall ocomme nts. Motion by C r Miller, s onded by C ail that the Industrial enter c(S. E. ecycling~o seite eplan be approved subject to comments. Carried byu nanimous roll call vole. 11. EMERGENCY O ANCE N0. 93-1125, PROVIDING F R OF FUNDS FROM SALARY AN- WAGE LINE TO TEMPORARY EMPLOYEE LINE. ead Emergency Ordinance N 93-1125 by title. Mr. £ell in referenced [he m attached the ordinance which explained the temporary positions and t osts fated with ending the positions a additional 90 days which she said would equate [he ost of payiny employmen[ ompensation. Cemmissio er Anderson m ned a onf rom Mayor L estrand and aid he believed a the Blast meeting -eputy Mayor Smerilson asked i£ a ordinance w sary to effect the extension of these employees and Depu[y Mayor Smerilson said he did. n by Commiss ionex P ail, onded by Commissioner Anderson that Emergency Ordinance No. 93y1125 be adopted. r Miller lead 5 n 3.12 from the City Charter and aids hiso problem i that a ergency ordinance is being used t grant the additional 9o days and said he did not believe he would have a problem if it w s being done by a regular ordinance. Said he does not believe the i Bets the criteria for a ergency ordinance. Ms. V aid [heepropexty would be the i and these people (public employees( have c vnbly a propertysright i the ability t ontinue their positione with the City, in that their position was continued and that created a property right for them ana saia sne waa comfortable witn tnat. Motion failed by a three to one vote, with Deputy Mayor Smerilson, r Miller voting nay. Commissioner Miller Doted that a four/fifths voce was necessary to pass an emergency ordinance. aid if the Commission wished, the ordinance could be endede and read a a first reading a - ergency ordinance with a public hearing scheduled at tneanext meeting. arl said he would make a that e££ect~ Commrss ron Anderson said he would second the Lmot ion. ead Ordinance N 93-1135, a regular ordinance, by itle oonly antl noted that the 4th paragraph would be omitted and that a public heaiinq would be scheduled at the next meeting. Deputy Mayor Smerilson noted that the temporary employees would not be able t ork u til passage of the regular ordinance. Fellin said this would c e hardship o those who w e ledMto believe that their employment would begin tommorrow, e n though it umption, and they would have to wart a week before unemployment compensation would begin. During continued discussion Commissioner Miller n ted he did n believe this should be dragged out any longer and the people should juat be let qo. ied by a three t vote, with Deputy Mayor Smerilson, Commissioner Anderson and Commis ionei Year1 voting aye and Commissioner Miller voting nay. 12. ERNBST TOLOS - MEMO FROM MEMBERS O COllE ENFORCEMENT HOAR- REGARDING MEMO FROM ERNEST TOLOS DATED APRIL 2], 1993. Tolos stated a the Maich 2] meeting he w elected Chairman of the Code Enforcement R ard. He saidsa ritten by him and read by him w s discussed by a quorum of members a Special Meeting and all board members present w agreement ith hie Tolos ead the m ewhich the Code E nforcement emembersr requested the City C n take up £oi discussion the m of the letter from M which he said iolat aoP Article 10, Section IL, City ro£ Longwood CEH Rulesnand Regulations. aid a aiding to Bart 2. Longwood Code, Chapter 2. Administratione2s 34, written charges have bean submitted and are now before you. ing discussion between Commissioner Miller and Tolos, Commissioner Miller s ted that IArs. Dennis did n eek out any information with regard to the Hardy c , but a third party, M mmy R o the Hardy's and obtained the documents and gave them to Mrs. Dennis. It w noted that obtaining the information in the manner noted was ala oaa violation of the Rnlea ana ProCednrea. It was noted by Commissioners Anderson and Pearl that the Hardy ontinued a whether o the i should be tabled u til after the c s finalized. nCOmmissioner Anderson asked where the ity would s and as far a appeal i ned i£ M Dennis the E aid. Vose saitl she believedrM s filed a ont list of i aa~iaea tnat n cea the c aid si wthat c e the City woultl shave a serious problem with an appeal niE a board members was found to be valid. advised the C that they have the uthority toshold a Public H ing with regard t the i of the relating to the letter that w s delivered to thesCOmmission embers and she r ned that i ould be best for the CEB member not to attend the hearing. tshe said there was no problem with holding a public hearing on this narrow issue. The Commission recessed from 9:20 to 9:25 P.M . Vose n ted the s of the Code which relates t val of members of the Code eEn£orcement members which states othemmembers may be r ved For c upon w charges and a public hearing. enadvised lhats staff could sbe directed to prepare written chargese Motion by C Anderson, s onded by Commi.ss inner P ail, that staff be directed to prepare the charges and they be presented for public hearing o May 12, 1993 and that the charges be served upon the member. Carried by unanimous roll call vote. 13. FIRST RE DING, ORDINANCE N0. 93-1124 - AMENDING APPENDIX A, SECTION 508 AND SECTION 201, OF THE CITY CODE. read Ordinance N 93-1124 by title only. Wells explained that Longwood £ s Centex has been allowed under a Special P o locate i n Industrial district. He said the suits w ei that there has been no problem with this u industrial district and therefore a change t allow fitness c 2-1 z ing district is being r ended. He further stated thian change nwill be incorporated int the update of the Land Development code. Motion by Commissioner Miller, s onded by C Anderson, that Ordinance N 93-1124 be a cepted on first reading and that a public hearing be scheduled For May 12, 1993. Carried by unanimous roll call vote. 14. FIRBT R DING, ORDINANCE N0. 93-1134, AMENDING F/Y 93-94 BUDGET, PROVIDING FOR BUDGET TRANHPERE. Ms. V read by title only. M[. M Fellin noted that he had nsferred funds from his Employee Development line to complete some of Uhe City Hall renovations. Motion by Commissioner Millet, s onded by Commissioner Pearl, that ordinance N 93-1134 be a ceptetl on first reading and that a public hearing b scheduled for May 1], 1993. Carried by unanimous roll call vote. RESOLUTION NO. 93-I20 - PROVIDING FOR THE INVESTMENT OF CITY Mr. McNutt s ted the r t policy would give the City a chance to i t funds and snake m interest. He stated they ould be very safe i estments and only a mall portion of the tal portfolio. Mr. Me Fellin aid hes fished to make clarification with regard t a phrase i n C. 1. which says "guaranteed by the individual". aid thatcphrase does n refer either M Nutt or himself, but means the institution where it rs being invested. n by Commissioner Pearl, s onded by Commissioner Anderson that R solution No. 93-"120 be adopted. Carried by a unanimous roll call vote. 16. ING OF RArvGe.Llrve ROAD. Iniscussed under Public Participation, Item Nh.I 1J. DISCUSS RECOMMENDED REVISEONS TO SECURITY ALARM REGULATIONS ` AND ENFORCMENT. . Voss referenced her letter dated March Z5, 1993 i which she ended changes to the s rity Alarm and Code enforcement of the City Code which, n her opinion, she said are neetlednfor clarification and for ability to enfoic e. She n ted in her letter she had m ned that a organization of ity alarm companies w orking o model code. She said she didur ew the model codeabut does not arecommend following their madelevr Motion by Commissioner P ail, s onded by Commissioner Anderson that a ordinance be drafted t make the i s to the s ity alarm antl code enforcement sections of the VCOde na endetl by the City Attorney. Carried by unanimous roll call vote. 18. CITY ADMINISTRATOR'S REPORT. A. ROPOSED CONTRACT FOR NON-EXCLUSIVE COMMERCIAL HOLIDWWASTE FRANCHISE. Fellin aid based with number of a draft of a proposed sordinance witha regard to a non-exclusive commercial solid waste franchise has been prepared ' for Commission's r McFellin said rates will not be s but will be determined i Mthe market place. Ne said the draft ordinance w s patterned after the City of Altamonte's Franchise. tie stated Altamonte just changetl from a per c r feet a 20& of gross fee. aid under the c ontract the City r guaranteed approximately $1]5, OO0. Ner saidca study w s done by Altamonte and the 20& would closely equate to the current fee. Anderson objected to a xclusive c ing and otear on the roads and no guarantee of being ablea to police e system of this n Commnissioner Anderson said he would prefer to stay with the present system and suggested putting it out o bid. Millet aid he agreed with Commissioner Anderaon and further esaid he believed the franchise fee should be lowered a the business o s deserve a break. Said he did n e the n ity fox a 20& fee. arl said with going out to bid the price will probably rdecrease Pand said he did not have a problem with the Franchise fee. It w s the c of the Commission that a ordinance be prepared to provides fox an exclusive commercial franchise. 19 2ambri explained that due to federal holidays falling on the first monday in July and the first Monday in September it would be ary for the c n to r schedule the first meeting r Je lysand perhaps the sm and and that due to TRIM Hill requirements Eor budget hearings i ary t schedule both meetings in September and she sugges tedethessecond and fourth Mondays. Motion by Commissioner P axl, s ondetl by Commissioner Miller to schedule the July m togs to eJuly 12 and 26 and t schedule the September meetingseto September 13 and 2], 1993.0 Carried by unanvnous roll call vote. Mr. McFellin n ted o additional item for discussion. Ne advised that a bill w required to be paid with regard t val of hazardous m ial from the Public Works arts. He said 5],452. was due to Laidlaw n by Commissioner Miller, s onded by Commissioner e arl, that therbill to Laidlaw be paid. es ponse to Commissioner Pearl, McFellin aid this for ongoing val of hazardous materials. Nntron earriea ev nnanrmona rnu email 20. CITY ATTORNEY'S REPORT. NON-PAYMENT OF PAVING ASSESSMENT LIENS. referenced her letter dated April 2 1993 regarding n - paymenteof paving assessment liens. She reported on past cases. ,Sprouse - signed settlement agreement and made first payment; Mintz - ent with paving a t paymentn vncluding interest c penalties and litigation fees BmFalk - entled not going forward with the complaint as there area number of mortgages superior in priority. e presented other c e histories o£ n n-payment, Roberts, Lien q41, #9o ands M39 and requested oauthoriz ation ato £orclose. She n ted two others, D n #4 and L #16 and advised that these two c e homestead properT iesLand requested authorization to foreclose wer n by C ail, s onded by Commissioner Miller, t uthorize the City Attorney to Eile e s per r endations i letter of April 29, 1993. Carried by runanvmous roll call vote. . Voss referenced a copy of a law suit that she just became a of at S:DO PM. The City has not been s ved yet. Said sheww made a of it from the reporter at the 5 net who called her and askede her about it. She explained that nthis w ompanion the Cohen c and asked for a vote of the Commission t requast the judge to c sol idates the t In reply to Commissioner Pearl, Ms. Voss said n itherw she sn the judge had been n of red o£ this suit and further said there i no requirement that the person being sued be immediately served.s Motion by Commissioner Yearl, onded by Commissioner Anderson that the City Attorney be authorized to enjoin both cases. Carried by unanimous roll call vote. 21. MAYOR ANW COMMISSIONERS REPORTS. #2. ail ted that due the sidential garbage c act PC ment date being iMay 5, some people will be mussing nsome pickups ce Commissioner Yearl asked the status of the Wildmere drainage problem. Tiblier responded that late last week the final packet w submitted t the St. Johns' W nagement District and they should be ready t e the permit shortly. ail asked that he be £urniahed with monthly updates ono thesstatus of the project. Commnissioner P ail asked why there w a barricade and and string at 3321 S. Grant. Mr. McFellin said he would advise. ict #3. Miller said he would like t e £or their ord that thisiws the Eirst t e he had a the Petition that w ved tonight. aid all the C aifiea r cneiz effort t soma cne wilame e~ia~ai~ay~ problem and it was not the effort o£ one Cominvssvoner. istrict #4. Anderson n ted that the plaque on the Recreatr on Huiltling was made and donated by Hob Lomax and said he ould like him to be recognized for that effort. Commissioner Anderson said a Dedication of the Recreation building named for Ed Myers w s being planned and further rnformation would be piwided at a later date. 19. Meeting adjournetl at 1:30 P. M.