CCMtg07-12-93MinCommission Members P ent:
Mayor Paul L estrand
Deputy Mayor M vey Smerilson
x Anderson
r Steve Miller
comm,ss,oner Brea Pearl
Staff Members Present:
James A. McFellin, City Adminis
raldine D ambri, City Clerk
ecky Vose, City Attorney
Dick Wells, city Planner
Manor Lovestrana called a regw
o£ silent meditatron i
nilegia~~eeco the Flaq.
Mr. Guetsloe was not present
Cnarles Seligman,. Lake Mary, advised he o ned a piece of
property at 212 W Bay A aid he had attended a ing of
the Mistor is C and nad brought up the prospect ofeholding
a Farmer s Market Srperhaps on Saturdays, from SO AM to 2 PM
ral A and I-9 Seligman said they
would likeethe money to be p tl into a separate £und to be used to
additional information. mayor L rand said the Commrssron will
look forward to seeing the report es
Mr. SRelley s1Dne, 306 Monticello Dr., Altamonte springs, Baia he
e before the H era tD c nstruct a uilaing, spent $15, ODO o
preliminary work and 1 nths working with tRis c unity to get
the job d aid he n w finds t my piece of
property i Dogwood that does n t Rave a ssto water i the c
of a ergency. That w the r cc he cov ldn't build his
buildingm9 yea ago. aid sthere .3 appro tely 500/]0
feet away. Mr Slone said Re w s told wi£ hew s patient the water
Duld e put Eight o nine years ago these w a proposed
capital improvement budget inq the tilities for the
widening of Hwy. 17-92, but [o date t he still does not Rave water
adequate e ongh. nrtner, said Re nos m ith Mr. Tiblier a
rnbluR and learned there a 0 hydrants i tRe City. Mof
whicR will c s property5 and noted that these w
200/30 from Ris hbusiness n the C enter. Slone
requested sometRi ng be done about getting water to his property.
A. PAY APPNOVED HILLS AND ESTIMATED BILLS FOR MONTH OF JULY.
oe J
BI DM#31T93 -
D. AWARD of H D p19-93 L WATER TREATMENT VPLANTR #2 CHIGH
SERVICE PUMP AND WELL ADDITION.
MCFe11in a sed that there w adequate funds to pay the
bills. ellin referenced a letter from M Nutt requesting
an additional ~d isbursement to pay the Code Enforcement Attorney.
Motion by C ssioner Pearl, s onded by C Anderson,
that the C sent Agenda be approved. Carried rby runanimous roll
call vote_o
G (CONT'D. FROM MAY 1], 1993) -REGARDING CHARGES
DENNIS FOR R
OARD EMEMEER BASED ~ E DXS
CELLANEOUS, SECTION 2, WO , FLORIDA, COD£.S
ENFORCEMENT BOA ULES AND REGULATIONS.
Mayor L estrana noted the Public H ing under I m p6 had been
continued to a.oo P.M. and deferred the public Rearing until that
NCE N 93-3143, PROPOSING AMENDMENTS
3 (A)Y P
THE BALLOT TO THE VOTERS AT THE NE%T GENERAL ELECTION, NOVEMBER ~,
Deputy Mayor 5 rilson explained t half o
he proposed the subject a endment beaplacedeo the ballot cl aid
the Police Department would be c ted as part of the Chartersa
could be removed only by a unanimous vote of the Commissvon.
Explained t ect ion of the a t gives C
guideline upon which to base staff inq.meconti nued sayingm t was not
an automatic staffing level.
Deputy Mayor G rilson said he w asked what would happen if he
eegvested to propose endment for Fire Department and
Public Works and said if they acame forward he would do the same
Mayor Lovestrand n ted that there w a typographical e the
ordinance as proposed for first reading. Vose said she snoted
the e the m eting and said it would be c Ms. V
aid if there w any conce , the correction could beenoted in the
motion tonight as
Mayor Lovestrand opened the public hearing.
a HDCkenberry, 2 Palmetto Avenue, spoke in favor of
tha Pordinance, saying ealiz ed how perilous the
Department is because they ecou ld be eliminated by a 3/9 vote and
Department or Public Works being placed in the Charter.
e 'POlos, Highland Hills, spoke in favor o£ the proposed
ordinance saying it was up to the Commission to let the citizens
have their vote.
No one present spoke in opposition to the ordinance
n by c Anderson, s ondea by c ail, to
o io ommissioner ec ommissioner Pe
close the public hear.i.ng. Carried by unanimous voice vote.
Motion by c ail, s onded by c Anderson,
that ordinances sNO. 93-1141 be ecorrected to indicate that the
ended be adopted. Motion c ied by a four to o ith
Deputy Mayor 5 rilson,.C Anderson, Commissionert Miller
and Commissioner Year1 votingsayenand Mayor Lovestrand voting rtay.
PUBLIC BEARING -ORDINANCE NO. 93-1142, AMENDING THE F/Y 92-93
n by c miller, s a by c Anderson,
to close thempublicnhearing. Carrledeby unanimous voice vote.
Motion by Commissioner Pearl, seconded by Deputy Mayor Smerilson,
that Ordinance No. 93-1142 be adopted. Carried by unanimous roll
call vote.
9. IR2H H
A. COMMUNITY DLVELOPMENT BLOCK GRANT (CDBG) STATUS REPORT.
Ms. Henson, Danbury Mills, c representative to the C nity
pevelopment Hlock G aid that she became a ember
and attended her first meeting eo April 29, w the mf final
eeting a s taken on nproj ects that iw eagoing to be
funded. She reported that t ity of Longwood didsnot r any
ands from the G ant. She asked the C n to send as letter to
the P cipal Planner or the C unty C expressing their
disappointment and requesting the programmbe sexplained more fully.
H. EXPANSION of AND AUDLTION TO CITY PARES PROGRAM.
aid she has not h any response o the
park she proposed to be placedadi Columbus Harbor di She said it w
suggested Dy o of the C s that i may be m e palatable
if it w a low intensity park ne aid she would like
input the citizens CalumbusonHarbor who would be
impacted. Sheoalso noted there would be no lighting involved.
ail said the c ould also have to be eliminated
andmsaid he would like t e proposea f ing t the budget
and suggested the people in the areau be asked what they want.
RESOLUTION NO. 9 ULES AND R CATIONS FOR THE
LONGWOOU MEMORIAL GARDENS AND THE LONGWOOD CEMETERY.
ead by title only. Zambri advised t ost of the
procedures w already being followed and was requesting they be
formally adopted by the Commission.
by Anderson, aed by Deputy Mayor
rilson, thatm R solution No. 93-224s be adopted. Carried by
unanimous roll call vote.
11. APPROVAL OF HISTORICAL PRESERVATION GRANT AWARD AGREEMENT.
Wells explained that i ov/Dec Df last year he became a of
the a ailability of a gra t program. requested a grant o
$6,500, to be matched by the City with ink ina funds. He explained
that. the H Element of the comprehensive P ould bring
ortions of the plan for t istoric District, that a ently
scattered throughout the plan, into one comprehensive element.
by Deputy Mayor 5 rilson, s ondea by C Anderson,
t t approve the Historical Preservation Grant Award nAgreement.
Carried by unanimous roll call vote.
12. ACCEPT PETITION FOR THE PAVING OF W. BAY AVENUE.
Pa< L , business o n the Historic District, said the
paving petition presentedwto c represented b and
60$ of [he property owners of mm. Bay Avenue betweent CR d2] and
and asked that the C support them in trying to get the
t paved. She explained that s of the a xcluded from
participating s because of then unpaved streets.
Ms. Lane requested the aprojectt be expedited if possible.
Mayor Lovestrand noted the per foot cost of the paving included
sidewalks, curbs, a and asked why they w all figured in the
cost. Mr. Tiblier responded that the figure was a proposed budget
provide Figures, that would include ail possible costs related to
the paving, in order for the Commrssron to be aware of the highest
by C arl, s by c r Andeeson, to
cept the P tition eforethe paving of W. Bays Avenue. Carried by
unanimous roll call vote.
13. REVI F.W RECOMMENDATIONS OF CODE ENPORCEMF.NT REVIEW
j COMMITI`EE.
The agreed that of the
endations would take s and wrequested Fellin
and M ambri propose a work sessaone date for this purpose in late
August, 2
The Commrsaron recessed from ].45 P.M. to 8.00 P.M.
G (CONT'D. F 93) -REGARDING CHARGES
M THE OFFICE O
SERVED UPON LYNETTE DENNIS FOR REMOVAL FRO F CODES
MI SOCELLANEOU58,0~ ACITY U N LONGWOOD N FLORIDA, CODES
ENFORCEMENT HO ULES AND REGULATIONS.
Mayor L estrand p eeded to r w the procedure for the Public
ing~V asked the Mayor to allow the City Attorney to
advise as to what her findings were on the Motion to pSsmiss.
. Vose referenced her m o dated July ] which w ary
the r salts of her r rch with regard9 to respondent Lynatte
she ezp lained e h point -
ailure o
Sard she did dnot believen this was, underw Florida dLaw at basis sto
espondent w actions taken after final disposition of the
by the Codes Enforcement Board - aid she went o r the M notes
ofsthe Codes Enforcement Board saying, theee weee theee different
atters heard and it appears [hat the specific Sssue relating to
building permit, icR the subject matter of the
s cation bi the respondentWahad bee nal ly r solved by the
CodeuB herefore it appears thatnP int 2 Quid be a
under Floridad law for the dismissal. No~ 3 Had to do withathe
ability of the C Enforcement Board t regulate behavior o£ the
board members outside of m ings and osaid she did n believe
Florida law would uphold th is tbasis. Said s e believes there a
ich althougR they have some mer , she ditl not believe
Floridan law would support.
Deputy Mayor 5 rilson asked M i£, b sed on Point 2 she w
ending told ismiss and M she would be hard pressed
tosdef end if litigated. Commi eslonei P arl ask if the Attorney's
reply means that this would not stand defense. Ms. Voce said yes.
Motion by C Miller, s onded by Deputy Mayo[ S rilson
o dismiss the c arges based o the City Attorney's recommendation.
Carried by unanimous roll call vote.
Mayor L and said he w d like the C cider Ue
expensesw that Ms. Dennis ohas gone throughr rn ohav~ng to defend
herself.
ishetl to make a statement. aid as the n
mof thed Codes Enforcement Board, rely
expressing her opinion a she perceived w
flaws i which s t of the c e handledser
that chargesn have been d sed 'end she shas been vindicatedd
Rew believed the Commission sahould show their appreciation for
bringing this t their a and to the a of t Codes
Enforcement Board. He saidt itn is Rer feelings thatn she has been
ted poorly. Furthee, b of the charges that w e just
dismissed she w s forced to get sa attorney and a urt reporter
a pay f and, £or justice to b cha~ges and fees
should bes reimbursed by the city to Ms. Denn.i s.
aid i apparent t t the City C and the
Codes oEnforcement Boa ed will n [olerate any breaking of rules by
members of the Codes Enforcement Board. Therefore it 1s clear
have violated Section X of R A by theie failure to adopt/readopt
their Rules and Procedures. onf ident that the Commission
ing charges againstHa of the who have
iolated that rule a will pursue those schai9es against them as
they did against the nrdespondent.
14. CITY ADMINISTRATOR'S REPORT.
~ 35. CITY ATTORNEY 5 REPORT.
A PROVISIONS. N WITH REGARD TO ADMINISTRATOR CONTRACT
fly reviewed her letter a ted July 2 Letter
fromVO b Ye requesting legala opinion witR,~ regard
Administrator soscontract P Mayor L
require a ssioner And cson moved to defera No action
was takencby the Commisslon.
16. MAYOR AND COMMISSIONERS' REPORTS.
TRICT k] - Commissioner Miller said after he V ted o Ordinance
- ral c cots w made to him at the nr and
said Rhe wished t clay~fy a few things, aid he gave the ordinance
a lot o ught. urther, Re did n ri ly agree with the
enamenvteor e rzl r or wni n might h mace olaar
ougn a r sane. e Miller sa is he aid not wore
fore ayains<tcne a ename~cmmsaia ne wotea to allow t e people in
the City to decide the issue.
T #4 - No report.
T Fs - No report.
T 81 - report.
DISTRICT 82 - No report.
~ 17. Meeting adjourned at 8:25 P.M~~ /J
1 nd, ayor
ciav of Lonywooa, Emriaa
~~Clerk