CCMtg06-07-93MinLONGWOOD CITY COMMISSION
LONGWOOD C MMISSION C ERS
I LONGWOOD, FLORIDA
JUNE >, 1993
Co members Present:
Mayor Paul L and
Deputy Mayor Harvey Smerilson
Anderson (left meeting at 9:15 PMT
r Steve Miller
Commissioner Fred Pearl
Staff Members Present:
James A Fell in, City Administrator
raldineMO 2ambri, City Clerk
ec ky Vo ity Attorney
Richard wells, city Planner
1. Mayor Loveetrantl called a regular meeting to order at ]:00 PM.
2. ent o£ silent meditation was followed by the Pledge of
Allegiance to the Flag.
3. PROCLAMATIONS/RECOGNITIONH. There were no proclamations or
recognitions.
9. HOARD APPOINTMENTS:
Aj MAYOR H APPOINTMENTS:
MMISSION M TO T Mayor
estrand advised that C Mille~~tlue lto his work
schedule, w nable t endsthe Historic meetings and has
asked to beareplaced. omayor L and asked i£ there w
who might ish otos vUlnnteer. Commissioner
Andersonovolun[eered. Mayor Lovestrand n oared Commissioner
Anderson. Nomination rarxied by unanrmous vorce vote.
ORIC C ION. Mayor Lovestrand appointed M
who w suborn and r aed i Dogwood, n w lives i
the Woodlands, and o a basiness i the H storrc Drstiictn
Nomrnation carried bynunanrmous vorce wte.r
CITIZENS A VI SORY COMMITTEE O THE ORLANDO UAHAN AREA
TAANSeOATAT ION DSTUDx. Mayor and wed the
requirements for s ing on the CAC oV then n red M
Gerald Eorman. Nomination carried by unanimous vorce vote.
H) DSETAICT p2 APPOENTMEN'P TO LAND PLANNING AGENCY.
i Co io Pearl nominated Barry Revels, 400 Columbus
Circle,mt sthen Land Planning Agency. Nomination carried by
una nrmous vorce vote.
Ms. Iris Benson, Danbury Mi11, noted a ent discussion about
lack of parks and offered a proposal. Sneesaid there a three
the Columbus Harbor a The map shows it a
tledicated rpaxk,~but there i o park at ether location.
suggested, perhaps for then budget, the ant slandnsbe
vated £or a park for the a %o£ the Pee Wee Leagues, day time
only, lights. Shea requested the Commission give
consideration oto her suggestion.
Mr. Rick Hniarla requested to speak regarding the two Facility
Agreements Bated o the Agenda. 'fhe Commise ion agreed he
should speak on the items n Shiarla said the last t e he
e before the Commission it w s the c s that the field t
ould be tlivided a ording to the numbernof es s partic ipatinge
Further, he thought there would be a eetinrg eof all c netl
together. Ue objected t the Dabe Ruth League being given priority
scheduling with the Little League being offered what the aabe
uth League did n aid he did n t believe this w
£air distribution of tsime. Hsaid he would hope that the agreement
ould be a ended to nave some viable source or means of tletermining
one umea allotcea.
Mr. sniarla re£ereneea tna Aaaenanm to the concession shahs
Agreement saying the original Concessions and Agreement is for the
of the andyland £acility only andt the Addendum addresses
ongwood parks. He asked if the Addendum w just to a
Cantlyland c rays open o the si of sthe
agreement t hallow oanother c w stand at Rerter Park, which
rs currently being done but is unauthorized.
fi. CONSENT AGENDA.
A) I,LS AND ESTIMATED BILLS FOR MONTB OF JUNE.
B) PAOVAL OP MINUTES O Y 1], 1993.
C) APPROVAL O OD ARTS AND CRAFTS FESTIVAL. - NOVEMBER
20 A D 21,F 1993GW0
0) DONATION OF RECOVERED PROPERTY.
Motion by C r Anderson, s onded by C arl,
that the C Ment Agenda, as submitted, be appi ved aroCarr red by
unanrmous roll call vote.
LANEOUB, SECTION 2, WOOD, FLORI , CODES
cNFORCEMENT HO , UL£.s AND REGULATIONS~NG
Mayor Lovestiand advised that Item q ] would be deferred until 8:00
S. BLIC H ING - INANCE N 93-1136, AMBNDING F/Y 92-93
SUDGET,1 PROVIDING FOR HDDGET TRANSFERS.
advised that she had the required proof of publication for
they public hearings listed on the Agenda.
ead Ordinance 93-1136 by title only. Mayor
and opened the public hearing. on spoke in favor of or
rnVOpposition to Ordinance No. 93-113fi No
Motion by C Miller, s onded by Convnissioner P arl, that
the public hearsing be closed. Carried by unanrmous vorce vote.
Motion by eomm ner Miller, seconded by Deputy Mayor Smerilson
that OzdinancerNOyo93-1136 be adopted. Carried by unanrmous roll
call vote.
9. LIC H INANCE NO. 93-113"1, AME CODE OF
ORDINANCES, B TION 2 5ALARM SYSTEMS AN TION 2N5 3G, REEPONSE
TO ALARMS, COAALCTIVE ACTION, REPORTS REQUIRED AND FEES CHARGES.
read Ordinance N 93-113] by title only. Mayor
Lovestrand opened the public ohearing.
nald Flowers, SD4 Hoffer Way, said the s rity system in his
home ~ nitored and when s e bye and put flier
s the e r frame it broke the magnetic c the alarm
off and the police c He said the system did e ctly
whatsit w s designed to do. a indicated his c s he was
sent a notrce of a false alarmHeyet it was a valid cintrnaron.
No one else present spoke in favor or rn opposition.
Miller said he w ned with the wording "if the
r lessee o nager ofs the premises fails to pay the fee
specified" and said would like words nager" s uck as he did
not believe the m nager should be held a untabler for the fee.
Ms. Vose said the word "manager" could be struck if desired.
Motion by c ari, s onded by Commissioner Anderson,
that OrdinancerN ro=93-113'!, with a ection to Section 2.5-3,
deleting the words "or manager"~ be adopted. carried by enanrmons
roll call vote.
10. LIC REARING - ORDINANCE N0. 93-1138, AMCNUING C C OF
ORDINANCES, 2, STAA'SION, IVISION 2, OCODES
ENFORCEMENT eOARDP,TSEC. 2-141~ADMINIETRATIVE FINES; LIENS SECTION
2-144 DURATION OF LIENS.
iovestr ead O in nce No 93-1138 by itle only. Mayon
and opened the public hearing. No one present spoke
favor of or rn opposition to the Ordinance.
Motion by Commissioner Anderson, s onded by Commissioner Miller,
to close the public bearing. Carries by unanrmons roll call vote.
Motion by Commissioner Anderson, s onded by Commissioner Miller,
that Ordinance No. 93-1138 be adopted. Carried by unanvmous roll
call vote.
11. SITE P W DRIVE T UAGER RE
APPLICANT: JOHN HRICKO. NLOCATION: ]99 WRUSR 434. 20NINGTC~3. T
Mr. Wells, City Planner, presented the s e plan saying the first
phase, unkin Donuts, already ompleted, and slightly
d ifferenDt configuration of a fast food restaurant w a previously
approved. said the Land Planning Agency approved the plan
subject t toff c r Anderson asked if the
applicant w agreement with the staff c ants and Mr. Wells
aid he believed they w Mr. Wells said their representative
was present to answer any questions.
arl said when e inq the Dunkin D nuts, no left
vallowed, however, his c that too many peoples
n obeying the sign and a makingn left t Wells said
staff has not asked Eor any modifications to the median on sA 434.
Tbere w s discussion with regard to whether the metlian needs to be
closed down o whether a hard median should be i Lolled o the
drive a of the s wells said adding an hard median on
the drive aarea would the a svte plan item.
Motion by Commissioner Pearl, s onded by c Anderson
Chat the Not Plan be approved osubject nt ompl fiance
ith all o andi~ng staff c ants noted i toff letter plus a
estructure tof the e allow left turns onto SR 934.
Carried by unanvmous roll cal In vote.
Holder, engineer foi Nat 'N' Now, advised that they had
t hatlca chance to look a improvement a that entry/exit of
the facility. Mayor L and said M Wells had indicated that
the s e plan could be or sad to force exiting to the right only.
Holder said it i try and e t facility that requires a
width of approximately 24 feetxantl indicated c saying
thatmmay only be what is there. He further stated that they wonltl
be sharing the same entry/exit as Dunkin Donuts.
mayor L and said ne wianea M Nolaer naa mentioned this
before, but at this point, the s e plan has been approved with the
contingency and suggested they either appeal or resubmit.
Deputy mayor Smerilson advised that he w approached by a onple
of evtvzens with a concern about the Police Department and the
of it, wanting to propose a Chaitei change. He said he
~ ou ldrhave told them to go a and get a petition, but looking back
what has happened with upetitions, that e erytime o
culated there i a lot of confusion rwith the citi¢ens antl he
suggested the Commission c e together antl work together t make
e that if a endment ~s proposed that it is worded in a way
that is satisfact zy to everyone.
Deputy Mayor Smerilson explained, while he sad the proposed
endment, that the language being proposed followed the
general provisions witbin the c code and would also asst
definite s andards and would be staffed to the m andarda
set by the Federal Department of Sustr , rime in the United
States, South Atlantic Region.
Depnty Mayor s rilson suggested that the proposed a endment be
placed o the ballot for the people to v wheth z they want
the Police Department by Charter and with guidelines.
n by Deputy Mayor Smerilson, s onded by C arl,
that the proposed language be given to the City A ney torprepare
a rough draft oY the ordinance to make the Charter change now.
Mayor Lovestrand said he did n t quite understand the purpose.
aid it takes a majority of the Commission t abolish a departments
Deputy Mayor Smerilson said if the Department w s by Charter it
ould take a un nimous vote of the Commission in order to abolish
/' the Department.a
Motion c red by a four to o vote, with Deputy Mayor S iilson,
Anderson, Miller and Pearl voting aye and Mayor
Lovestrandevotinq nay.
13. FIRST READING - ORDINANCE N0. 93-1139, AME CODE OF
NERAL REGULATIONS NAND SPECIAL
EXCEPTIONS, SECTION 60E,3T~CLNEW A USED M VEHICLE, MARINE,
ReATIONAL VEHICLE SALE, LEASE AND RENTAL OPACILITIES AND LO ,
REGULATIONS.
sad by title only. Mr. Wells referred t map of the
CityVand explained where the e ing £acilities w ea located and
where they would be allowed to locate if the proposed amendment w
adopted. aid the Land Planning Agency discussed the proposal
n detail and c up with their recommendation which is reflected
in the proposeda ordinance.
Wells said the L agreed with the idea of doing away with the
1x000 foot distance Prequireme nt from like e tablishments and t
m but w omf ortable with doing away with t
300 Eoot distance requirement from r sidential. aid L
proposetl keeping the 300 foot distance requirement {orEr sidential
_ ~ planning di.s trims. He advised this then would make the properties
within the SR 434 intersection eligible.
Miller said he believed the 320 sq. ft. requirement
forms ing ro There w ontvnued discussion
regarding hown much space was needed per car.
Motion by C r Anderson, s onded by Conmissioner Pearl,
that Ordinancse No 1 93-1139 be a cepted on first leading and that a
public hearing be scheduletl for Sune 21, 1993. Carried by a four
ith Mayor and, Deputy Mayor Smerilson,
Anderson and L vsevoner Pearl voting aye and
Commissioner Miller voting nay mm
The Commvssvon recessed from ]:5] to 8:0> P.M.
]. ARING (SCHEDULED FOR 8:00 P. M.) REGARDING CHARGES
SERVEDU HL NIS FOR REMOVAL PROM THE OPFICE OP CODES
OACEMENT BOARD EMEMHER BASED UPON VIOLATION OF ARTICLE %,
MISCELLANEOUS, 2, WO , FLORIDA, CODES
SECTION CITY OF LONG OD
ENFORCEMENT BOARD, RULES AND REGULATIONS.
explained the procedure to be followed during the public
hearinge, a copy o£ which, she said, had been distributed to the
Mayor. she also explained that the defendant has invoked the rule,
which she said, m that all persons giving t ony would be
asked to leave thenChamber while others w e testifying.
eapontlent's attorney, said after the rule i voked,Mhe
hadmt s to present. Ms. V autioned any witnesses that
they maymnot discuss anything relating t the c with each other
during sequestering. Mayor Lovestrand asked that the word w
be defined. explained v those people who thave
factual knowledge of sthe a relating t the charges. Mr.
asked to put both motions nbefore testimony. Ma. voce agreed
to hear the motions prior to testimony.
eatl the w charges. Three witnesses, M
Tolos~ M Yat Corbin and M Dynette D e then s neby
the City Clerk. espondentnnw reguiretl to leave
the r Mtha other w n presented the
first omotion,wMOt ion to Recusert ing for R sal by C
Anderson from hearing, tliacus sing, and v ing upon themcharges
brought by the City of Longwood. ead from S
286.012, Plorida Statutes, relating to abstaining from v ingtand
Section 112.13, Conflict o£ Interest. aid violation of
nshine law and conflict of i tM did n~napply here a the
jury andt this c under the of
£airneason siCOmmissioner Anderson asked ethat the i ne the
notes of the m ing be r into the r ord. The tCityi Clerk
eatl from page ]]eefirst paragraph, April 12c, 1993 ae follows: Ne
believed i e better left up t the Code Enforcement B and to tlo
their job antlabelieves M the Codes Enforcement Hoard
apology and a signatiODenn Miller said i s his
opinion that due t Anderson'as rpredisposition, that hewshould
abstain. Mayor L estrantl asked if M Miller's statement could be
sidered a and t the motion, aid i ould n
Commissioner Miller asked that his Matatement be considered to
motion. Me. aia eapeoti~e o£ wnat
~. predisposition may bee that person c n be asked if they a oableet
' make a decision based on what is heartl tonight and if they a able
then that typically eliminates the ability to have s
ved. Mayor Lovestrand said he would judge that C
Anderson had his mind made up. Commis aicner Anderson asked atiwhat
point would the letter that Mayor Lovestrand wrote on this i e be
brought out. Mayor L and said his letter w a directed at the
Code Enforcement Officer Commissioner Pearl aid what the
ney i saying i when o of the s -called judges i affected,
ifthe saysshe c n heat the evidence and c n be impartial, then the
person may sit. Deputy Mayor Smerilson suggested the Commission be
polled.
Mayor Lovestrand passed the gavel and onded
Miller's m n failed by a three t CwithsDeputy
Mayor Smerilson, MO Antleraon and w arl
voting nay and Mayoro ovestrand and Commissioner Millezrvotingpaye.
Deputy Mayor Smerilson requested the poll be taken. Mayor
and addressed the c and said the question i
you eas Commissioners, e though you may have made statement sco
have preconceived ideasen listen to n vidence, be fair and
impartial. The City Clerk called the roll and each Commissioner
answered Yes to the question.
n then read the Motion to Dismiss which conai Led of three
/` pointsrmaMS. V recommended the Commission re erve ruling on all
three points ~ the Motion, due to the £acta that a Motion t
Dismiss i many Filed prior t the hearing and due t
having been furnished the m advance she w not afforded
any time to [ rch. ontinued with regard t whether
the Commisarons should continue with the hearing or poatpone.
n by Deputy Mayor Smerilson, s onded by C Miller
that the pnblic hearing be c uedcuntil Ouly 12iss1993 at 8:00
P.M. and that any relevant information shall be
delivered to the City Attorney onot late[ than two weeks i advance
of the public hearing. Carried by unanimous roll call vote.
The Commission x sed from 9:03 0 9:15 Commissioner
Anderson left the meeting just prior to the Commission reconvening.
14. PIAST READING - ORDINANCE N0. 93-1140, AMENDING BDDGET FOR F/Y
92-93, PROVIDING FOR BUDGET TRANSFERS.
read ordinance No. 93-114o by title only. Fellin
wed the proposed budget t nsf ers. Mayor L and asked if
theicemetery Fund w Enterprise Fund. 'Phe City Administrator
said he was not suresbut wonld advise before the next meeting.
_ Motion by Commis sione[ earl, csecondedony Commis ionez Mil {er, that
Ordinance No. 93-1140P be cepted first reading, hat he
additional information requested be furnished by the Administrator,
and that a public hearing be scheduled £Dr June 21, 1993. Carried
by unanrmous roll call vote.
I5. APPROVAL OF YMCA/CITY OF LONGWDOD PACELITY USE AGREEMENT EDP
onditions that must be m t by the YMCA regarding u of the
premises. aid Mi. Ed Thomas present to espond tD
questions. Mr. v reported that thesr n the agreement w
brought back w a due to the c rat requested by Commission that
LDngwood x sidents would be given zegistxat ion pref ezence. She
explained that what w s put rn the agreement w s that the YMCA
will a empt" to givea priority. Ehe c ued eayinq appazently
Longwoodtres idents do have priority for scholarships.
axl asked about Longwood r sidents that a members
of thesYMCA and it they would be given a lower r Thomas
esponded saying members would be given first priority and i
would be di££icult to give Longwood "Y" members an additional break
that the Facility Agreement between the YMCA and the City of
Longwood be approved as wrrtten. Carried by unanrmous roll call
vote.
16. APPROVAL OF LONGWOOD BABE RUTU BASEBALL, INC./CITY OF LDNGWODD
Mr. McFellin said taking i sideration a erything [Mat w
discussed a the m ins and twith both Leagues, Vhe believed he and
Sandy tlid what the C asked and theae two a
the r sult. Mayor Lwestrand asked iE r sidents w ted and
the Fields proportioned a ording to Longwood r sidents.
Fellin aid ither eague provided that e informal ion.
Commissioner Miller n ted that these agreements c n be c celled
upon 6U days n e by either party. Mayor LDVestrand saitl as be
understood the c sidency w o be the primary basis.
aitl that w sxbrought up antl they w told a the prior
Ding that they w the primary u r for e[his year Land a the
nc lesion of this agreement, that information woultl be provided
Eor Che n ontrac[ year. The Commission confirmed that they had
agreed Babe Ruth woultl be c sidered primary u i for the year.
Mayor Lovestrand said it appeared there may be e validity for
their (Little League) gripe a they only got what ethey had last
year. Mr. Bono said that w not true a these times w agreed
o during a onfezence calls Miller asked if M
Shiarla had provided the City with a Mr. McFellin said he
did n Shiarla said he did offert the rosters t the City.
Mc Pell in said he ditl not know what the problem w however,
this was an acceptable agreement and was agreed to by Mr. Shiarla.
. Shiarla interjected saying he has been a advocate for s
~ e £or a cable tangible. aid he w told for this year it
had alxeadymbeen tlecided. Said Babe Ruth turned in their schedule
and what w s left w s given to the Little League. Sle said he did
t believe 'they w e granted the proper amount proportionate to
r.ne number o£ Longwooa reaiaanta.
n by C Miller, s onded by Commissioner P ail, that
based o what w so heard Hera, Gnat the agreement be approved a
written nfor this year only. carried by unanimous roll call vote6
1J. APPROVAL OF LONGWOOD LITTLE LEAGDE/CITY Ok LONGWOOD FACILITY
USE AGREEMENT.
Motion by Commissioner ail, onded by Deputy Mayor
rilson, that the P cility U Agreement between the Longwood
the League and theaCity of Longwood be approved. Carried by
unanimous roll call vote.
18. APPROVAL OF CONCESSION STAND A M AGREEMENT - LONGWOOD
BABE RUTH BASEBALL, FNC./CITY OF LONGWOOD.
Fellin explained that the Addendum to the C
Stand agreement makes r andatory that the Stand be kept sopen
during all Longwood scheduled a Buts. Mayor Lovestrand said the
riginal agreement says Candyland yet the Addendum says Longwood
arks. espouse t a question about the Concession 5 and a
~' Biter Park zM Pellin said there i ritten agreement, but
understanding,M that Babe Rnth could ope ate a and at Reiter
ark. rther, he i ends to bring s mething t Sthe Commission
that will allow the City to bid out the services at Reiter Pax k.
n by C Miller, s onded by C axl, that
therAddendnm Agreement be approved with the following c ect ion:
rike the clause ood Parks" and i t the words Candyland
Park". Motion carried by unanimous roll call vote.
19. APPROVAL TO GRANT TWO UTILITY EASEML+NTS. APPLICANT: LONGWOOD
UTILITIES, INC.
Ms. V advised that Longwood Utilities has offered $700 fox the
two easements.
n by C art, s onded by Commissioner Miller,
that then subject e s be granted t ongwood Utilities upon
payment t the City of $350 per easement L Carrietl by unanimous
toll call ~~Ote.
20. CORRECTION TO CITY OF LONGWOOD CHARTER BOOKLET.
Zambri explained r appeared from all indications, that a
typographical a retl during the typing o£ the 1984 Charter
ooklet. She said Charter Advisory Committee files, ordinance
files and Election files were researched to .,ee if any changes hnd
123
been made but nothing w s found to indicate that a change w made.
she noted that the Charter as printed i the city code did not
reflect the and therefore, then nclus ion that
typoZraphical error was made during the tyYing o£ the 1984 booklet8
ambri xequeated based on the city ney's r endation
that the Commvasvon authorize the correc[von of ethe Charter
booklet.
Motion by Commissioner Miller, s onded by Commissioner Pearl, that
the typographical a shown cin the 1984 City Charter booklet,
ana subsequent printedasbooklets, be corrected. carried by
unanimous roll call vote.
21. CITY ADMINIBTPATOR'S REPORT.
A. COMMERCIAL SOLID WASTE E%CLUSIVG FRANCHISE.
Motion by Deputy Mayor Bmarilson, onded by
Commissioner P ail, that a ork s n to r the proposed
Commercial Solid Waste Exc lvsive Franchise be scheduled for Tune
21, at 6:00 P.M. Carried by unanimous voice vote.
e. PROPOSED CFIANGE TO TELECOMMUNICATIONH UTILITY TA%
n by Commissioner Miller, s onded by Commissioner
ail to schedule discussion o the proposed melecommunications
Utility Tax to the Sune 21, 1993 work aessvon.
C. ANTI-DRUG AEUGE FORMULA GRANT PROGRAM F/Y 93-94.
Motion by Commissioner Pearl, s onded by Commissioner
Miller that the Anti-Drug Abuse F mule G ant Programs For F/Y
93/94 be approved. Carried by unan.vmous roll call vote.
Fellin explained that with the lose o£ Bob Baker
who w the ~ilainq napecaor ana coaaa enforcement officer
oombinea, M . nriCe waa iranaferrea Lemporarily Lo tna coae officer
position only. He explained that after r ing the r ords from
the 0uilding Department, he i ending that a temporary Eull
time Building Inspector be hired to ~a with the workload, much
of which he believed due t0 s m damaged oof s. Mi.
Culbertson noted that 3D wn sidentiel homes will be c ted
shortly, ach home requiring 20 nspections. Mr.onMCF'ell in
requestea authorization to bring forth an ordinance to effect the
transfer of funds for the position.
Motion by Conunissioner Pearl, s onded by Commissioner Miller that
ordinance be brought forwardeas requested. Carried by unanimous
roll call vote.
Fellin said C r Anderson had requested he
thatM a dedicaf ion oc onye aedicat ing the Ed Myers
Community Building, will be held on Sune 16, 1993 at 11:00 A.M.
n by Deputy Mayor Smeiils on, s onded by C Miller
extentl the meeting £or approximately five minutessroCarried by
22. CITY ATTORNEY'S REPORT.
. Vose referenced her letter dated J e 3, 1993 and, basetl
n then Attorney G rays opinion that the City did not have the
ory authority et ompromise a settlement with Ace Hardware
fortthe unpaid past sales o£ propane gas, she requested authority
a demand letter t ce Hardware, and iF a payment plan is
not offered, to file suit. A
n by Commissioner Miller, s onded by Commissionez P ail,
cept the Attorney's zecommendation. Carzied by unanimous
vote C
reported that Sgt. Cohen w indicated and this
rulings hould have a positive effect on the asuit that was served on
the commission.
Ms. v aid she distributed a which w ved from
Jimmy RosssSe aid she w requested to rm rch thes points made i
the m sheS Said the request would take e ssrve research, she
askedetbe Commission if she should go aheadxce
n by Commissioner Miller, s onded by Commissioner P ail, that
e be authorized t rch the issues raisetl in the Ross
letters Carried by unanimous vote.
2]. Meeting adjourned at 10:05 P. M. J
~dW" ~,,~i~~
Paul Lovestrand, Mayor
ATTE
f
eraldine L City Clerk