CCMtg09-27-93MinPre Mawr eaul L ana
Deputy Mayor H vey 5 rilson
Anderson
Miller
redeP ael
M<Fellin, City Administrator
ambr i, City Clerk
eckydV City Clerk
meNUtt, F ector
Fernand TiblieranCity rF.ngineer
Dick Wells, City Planner
Mavor 1,oVeatrana oallea a ragwlar meeting to oraer at ~.oo
p.m.
ent of silent meditation was followed by the Pledge of
Allegiance to the Flag.
s present o
beRalf rof TOrlando eWaste oPaper aCOmpany,d referred t echtel's
- a previous meeting rega rd i.ng proposed Ordinance
- and ato ah is o that a onflict e fists between the
roposed oed finance and the en State 5 aid
State law, specifically prohibits any tfeese except Sthe cast to
eal problem i with tRe ordinance that will follow whicR deals
the insurance, performance bonds, e and a franchise fee.
hey have provided the n of iH rry M eal
sel t eague, who has interpreted this ordinance a
that M explain h satioh with Rim. requestedsthe
ena its oreina~~ees onciiot witn state
lawmis aid if s Orlando W elhasotln strutted him to take
whateveeea ary. Mayor Lovestrana asked M e to
respond whenrtheritem rssbefore the Commisslon for consideration.
C. REgUEST T PURCHASE TWO (2) FORD DtUSTANCS FROM STATE
D. PURCHASE OF BITNrtINOUS PIPE FROM CONTECH FOR DRAINAGE
asked that Item D. be c sidered separately.
emfurther suggested that the Work S s be c sidered
separately a oclearot
of sthe c endtthe sbudget w regard t sthe
Department t a for the proposal requested by theoF
Chiet. the P mmission that the M the
ork 5 5 had been reached rand there
was no neednto cons ideratheomrnutes separately.
by C Anderson, s ded by C Miller
Motion ommrssroner econ ommissioner
that the C Agenda, with the. e ception of item approved.
Carried by unanimous roll call vote.
Item D. Commrssroner Anderson questioned whether all of the pipe
unanimous roll call vote.
5. ARING, ORDINANCE NO. 93-1343, AMENDING THE CITY OF
NSIVE PLAN TO MEET TI1E OBS ECTIONS OF TH6 STATE
DEPARTMENT OF COMMUNITY AFFAIRS.
ead Ordinance N ] by title only. She advised
that VShe had copies of all required advertisements for the public 1
hearings listed on the ag da.
Wells explained that this ordinance f malie ed t tipulated
Agreement between the City and the Department of C ni ty Affairs.
is noted that Che minor amentlment that he suggested had been
maaewel
Mayor L estrand opened t e public hearing. No one present spoke
rn favorVor in oppositionh
Motion by C Anderson, s onded by Depu[y Mayor 5 rilson
to close the pubiicn hearing. carried by unanimous voice vote.
Motion by C r Miller, s onded by C art, that
omm rssione ec ommissroner Pe
Ordinance No. 93-1143, a ending the Comprehensive Plan t eet the
objections oY the Department of Community Affairs, be adopted.
TAX LEVY FOR FISCAL YEAR 1993/1994
ead Ordinance No. 93-
Lovehand opened t e public bear
favor or in opposition.
by c r pearl, a onaea by c Miller, to
eloaentne publ,~eneariny. carriea by an~nimous ~oree emote.
n by C onded by C r Pearl,
that OrdinancerN - ing the a unt sof oa d fixing
the r of a xationtandrm ing t ual t xn levy for
f isca ltyear 199]/1999m be adopted. Carried by unanimous roll call
ARlNG, O
C.TTY LO RIDACFO NNING OCTOBER
DEPTEMBLR 3 PRIATINGG ANO ALLOCATING
REVENUE OF TIi~E CITY FOR FISCAL YEAR 199 P/ 994.
Mr. Aon Sargent, Overstreet Avenue, asked the Commission to
January the C agreed s ing eeded to be done with
regard to d nagesi Wi ldmere and put into motion t mething
e done3 b nothing has b n done, ted athere w
drainage problem va rch and G ant that i nstant problema
aid he had r ved ha emporary e aii and said
being only a ary e ent, i.ts would nott a erpetual
and etherefore a he intended n sign ssuraidph ou ld
hatetto see the money spent on the purchase of a vactor truck.
No one else present spoke in favor or in opposition
esponded t Sargent saying the problema Church
and G t rhos been s aid as far a the Wildmere
ditch rake wished t indedthe C again sthat the City
anything withe the ditch a n private property and
enCOUtlnty i only o who has thetlegal right to go i
aid then City has an letter from the St. Johns' Water
Management District and plans have been approved for the County's
Mayor and said last year C agreed put the
purchaseovoft the v uck o themrback nburner and to do a
n project 1 Wildmerenand there i till a problem.
aidnher agreetl with Mrn Sargent, and asked the C n to phut
the truck purchase aside and spend the m ney o Wi ldmere io He n ted
udget m ney allocated for the wildmere flooding.
McFellin s if the C hed to have a project in
conjunction with the County theyswould rn eed to authorize it.
aid he w under the the
Commissions hadr directed the Administrator to take care hof the
problem. Fe11in s told to take crews out and clean
ont cne ait~n ana that waa aoneae
Anaereon asked M argent w
tha dltchnor argent replied t the lived o tch,wa
argent said the C my c thing b
ned it. saying n esponsibility
s just a king tfor Sa ative e the c unty
and they City. argent askedri ity b Sapproach the
county to work on thrs and Commr ssronez Anderson saa'd they had.
Tiblier said the City s empora ry c nstru<tion e
which, after being s by tt ould b hole
my as pact of tha negationsetowena blewtne C untynt to s the
private property during c nsteuctien a s important that
the property owners return the signed neas ements.
arl said h believed the m hey h side
a ndm trier City P ould participate i my asksbSC
Peael said he believed the City had proceeded as far as theyscould
and Mr. Tiblier s ect. Mayor L estrand said when
spoke t my rC s he w s told they had n hey for
Wi ldmere. o ou Tiblier rs nthey d t the City to participate
the City w offeri ngathe designwservrces and acquisition of
cne needed easements.
ontinwea regarding t e puronasa o the o uCx ana
Dhetherr~t would prove u ful i cleaning o culverts, s
and condition of s ofs the culverts i Wil.dmere. Tiblier
esponaed t e questions a that there i extensive
systems anda aoid afrom the ception of [ne
stormwater program, the truck w s the sole capital purchase that
would qo along wrth the entrre package.
Motion by Deputy Mayors rilson, s onded by commrssioner Pearl,
that the $43,570 be placed in Reserves.
Anderson said he had a question w regard t the
snthat w approved a few weeks ago and to sked M wells,
if cheah d been given a 103 i e prior t ing
hired. Wells replied that the adid not receive theFi ncrease as
referenced in Mr. Terry's letter.
Motion by Deputy Mayor $merilson, s onded by Commissioner Pearl,
that Ordinance No. 93-1149, adopting a budget for the City foi
93/September ]
delete the p ocnase of the vactoe truck for 54145>O Sand that the
$63, 0 be placed in the Reserves rn the same Fund and that the
M PDRSUANT TO RequlReweNTS OF SECTION '~.
zll
Mayor L cads the Charter i only requires o
biic h ingn and o adopt the Capital Plan.
aid n ethere a endments o day
would be by way of an amendment. Ms. Vose said her understanding
Mayor L and opened the public h ing. e present spoke
n favorvo opposition. by C arl, s onded
by C r Anderson, to close the publi cr hearing. Careied by
by Deputy Mayor S rilson, s d by c
that R solution No. 93-125 be a ended by deletingmthelpurchaserof
the vactor truck, and that the resolutron be adopted as amended.
Mayor and aid ha still has problem that the
streets/sidewalks a not delineated n s there a time schedule.
He said people should have some advance notice.
by C Miller, onded by C arl,
that R solutton1N by d ingmthe lv uck
purchase a t36e2 adopted ea ended etMOtion c ied tby a
four to voter with Deputy Mayoi Smerilson, Commissioners
arl V ing aye and Mayor L and v ing
nayersMayor1LOVestrandes d he v ted no because theretwas no trme
schedule or names of sidewalks etc.
oOE,
RF.PEALI NG EX STING ARTICLE III E"COMMERCIAL SOLI OEWASTE COLLECTION'
xAPTER 9 ARBAGE A ARTICLE i
OLLECTIONOMAfE IO FOR T COLLECTIONN O PRIVATEEOCOI9tERCIAL
ELECTORS; pROV DING GFOR THE AUTxORITY TO AWARD NON-E%CLUSIVE
eRANCxxses.
Ms. V cad by title only. Mr. McFerrin said this oed finance did
anything t specifically with t red m ials
collection dealers ~ Mayor L antl asked i ou ld
address the ordinance. aid this ordinance ocould b
abling o sallowing the City t
- dxc lusive franch isesrandatloes n a fee. Mayor L
questioned i ordinance did n require that a franch ise abe
ned fdoha ecycl i.ng. aid ik the
tOher she Quid haves Vd ifferent
reddmaterials dealer. aid s talked with Mr
ney f the League, a whatht e leg islativeri and
saidr it appears the City will not be able to have a 208 wf ee on
ecyclers. she said he offered many i what could be done
to assist with keeping the solid wastee separate.
Mayor Lovestrand opened the public heaeinq. Mr. Cheis OeLOach,
arlier w that Uis w ing for t aulers to fight
and said hea thought that woultl b unfair t ethe c
also questioned the permitting eproceas. o
ended the C r looking i o the recycl ~Dng oissae and
toying to providemprotection so it is not abused.
aid she has also heard that and has a large c
Mf C ty i ted language that e ing contracts were null and
void they would be buying a lawsuitst
urt Thalwitzer, representing Orlando W Paper C aid he
anted t s he mentioned earlier. noted the
ection o rthe rOrdinance, ompensation" and suggested to the
n that it be deleted as it referred to Recovered Materials
ealersro again replied,
possibly co gibe kranchiseso with regard to orecyclinq i
rafted, a aepart o Ordi nance eN ould b ought
back and r orded, fbut ashe suggested that lthe ordinance rbeinq
discussed bow passed in order to deal with the next ordinance.
Motion by Commissioner Anderson, s onded by C r Pearl, to
close the public hearing. Carriedmby unanamous voice vote.
n by C Anderson, s onded by C arl,
Ordina ncerN - adopting a Article sI vate
ial Solid teaste5e collection and Recovered Materrals
coiie~cion, be aaoptea.
Deputy Mayor rilson questioned why, if there were still
questions, the need to rush through this.
Ms, V n general, needs to pass b
ash pick up tneedsdtoa bee dealt with and until the ordinance ti
passed, the n - xclusive franchises c not be adopted. She said
the c t franchise i ing o will have t
again~r Millernquestionednpassing the ordinance with
flaws and mmasked neit it nuldn't be ended by striking
reterencee t ecyming a snggested. aia e ova
that when the c ing the recycli ng oprogram is realized,
the S50 application fee wni 11 be found inadequate.
strrct ordinance to prevent recyclers from coming in and picki nq up
everything that someone would be putting in their trash bin
solid w aid the City i into a extension with the
nch i~se n and by passing this ordinance applications
fort thevn - xclusive franchise c uld b cepted. aid if
all reference to recycling w ted, the ordinance would
Fellin nexp lai ed that w
searaecea ti ea t n eoaaye
nave aiacoverea coat re not as correct as rte snoe,iae ee.
r Anderson w w his m arl
ula e endhtlthe exclus ivy franchise apickup i
ordinance iw not passed. Mr. Daly, G ral M pager for 1W 5, w
the audience and sa.i.a they would agree to extend the pick supn
Commissioner Pearl withdrew his second.
Motion by Commissioner Miller, s onded by C Anderson
the ordinance be tabled for sit to be corrected. carried by
unanimous roll call vote.
F/Y 92/93 PROM OI NG FoR eEDGF.T T
hearing. spoke rn favor o opposition. by
mmissionero Anderson, s onded by C Miller, t rclose
the public heating. d by u
arl asked if the workers compn claim listed opt the CE
closed and, if not, how much w s the city liable for and asked that
the information be furnished for the next meeting.
n by c Miller, s aed by ueputy Mayors rilson,
that Ordinance sN - ing t F/Y 92-93 Budget, be
adopted. Carrred by 9unanrmous roll call hvote.
ead by title on1Y. McFellin explained t
request sw o vacate a portion of an easement, 3].9 sq. ft., to
clear title.t
Mayor L opened t e public hearing. e present spoke
n favor vo opposition„ Motion by C ar 1, s onded
r Miller to close the publ ics hey ri ng. Carry ed by
n by C r Pearl, s ontled by Deputy Mayor 5 rilson,
that O - eating and abandoning a portion of a
drainage/utility easement2 located in the rear of Lot 1 anbury
AND LAKE BUSIN£55 C ON - REgUESTED BY
TASgUEEDEVELOPMENT - LOCATION. HIGHIIN EN DRIVENGI
Wells explained that t request w e year e
of a previously approved sate plan. He noted that LPA recommended
approval.
by C Anderson, s anded by C Miller,
t approve othe se of the Island Lake off sPlan for one
atld it Tonal year. x carried by unanrmous roll cant vote.
1]. CHARLES L. WHITTLE - SHANNON-WHITTLE CONSTRUCTION WATER BILL.
Fellin explained Mr. Whittle's letter w eeguestinq relief
fromMpayment of a iil f r $535.91 f O gallons o
sage. explained t City's procedure3i and
if defective, m adjustment t hifmc
e full a ould be a sed~ plus sthe c vof t ing ethe
Nutt advised thatsM Whittle doeso not want the meter
tested n r does he want to pay t bill. Mr. McFeLlin said Me.
the d a $SO0 s ity deposit o unt that may be
setl t satisfyvthe major portion of the bill ac noted that ~I
both 61.115 for the month prior to and after then month being
contested were noemal bills.
Motion by C Anderson, s onded by C r Millee
the tility department policy, othatsson bills be
adjusted only ra er the meter rs test be affirmed. aCarried by
PETITION AND F ANNEXING TO
CLUDING W
UBLIC R
REgUC TED BK CHURCHRDS CATION NOLN
BIDETOF DOG TRACK AOAD,ISUBTLWEST OF HWY. 1]-93.
ead by title only. Wells presented the a
irequeste r noted that the s er/water hook up fees a
e September 1 199] letterww t likely m understood a
they appear to be o high s e $iC,000/$18,0005
d Abt iw s presendt t da any questions.
espouse to C Miller, M ity's s
line w of the p erty o
iblierssa id tthere wou Sdy be n ity a the church wrll
extend their line to hook up to the Coi ty's Cl ine. s
n by C ar 1, onded by C r Anderson,
thato the petitions bee accepted and that Ordinance sNOe 9]-115] be
cepted on first reading a a public hearing be s uled
Lor October 1 953. carried by unanimous roll call vote.
1159, A ENDING THE BUDGET FOR
F/Y 92-93, PROVIDING FOR BUDGET TRANSFERS. M
ead by title only. Fellin explained t nsfers.
In x'esponse to an inquiry, the City Clerk advised that ashe was
that Ordinance N - approved on first reading and that a
public hearing be scheduled for October 18, 1993.
Miller saitl this w s the s ings
than hei has noticed massive seep lus in the Printi ng rand mBindinq
major item had n n printed d inq this year this budget,
and exp l.a fined Chat thereea will happen, but o
has to anticipate the possibility of c items being completed
and have the money budgeted in that event in
Ms. Vose read by title only. M[. McFellin explained that the
that ordinance N 5 be a cepted on first r ing and that a
public hearing be scheduled for October 18, 1993. Carried by
unanimous roll call vote.
1]. FARMERS MAR%ET MANAGEMENT AND FUNGI NG OUTLINE.
Mr. We11s explained that two weeks ago $50o in start-up money was
ana at least t erv wall ana a return. tea
that the shop o n the District v is lsG ip leased a
appears that then goals set, e mulation far thedD
and a focal point Po[ the <iti2ens3Cw met. ref erreditorthe
proposal presented requeseing $soo
advertising, et tatingt the market would be open weekly Promo]
ian t ception of special e nnn a
thet Arts Mand crafts F va 1; n ted that vwilmae5 ould b
blocked off. Wells tsa id he felt the Commissionrwould w
rol the funtlsrfor the ~ti stork D Mayor L andnsaid
hen understood sstha<t they would epre£er the
private s m the Cityms bes~ make a
donation eto orthe sCity hey tedd tlights,
Licensing o endors w s fdiscusseda and whether o t the efee
should be the license aor whether a city occupational license
differently. There w regards t
as vscussion wi o e erc an s
ing i orporated and their ability t and
disbursasofunds. Motion by Miller,o onded by
Anderson [ table the items£or additional information.
Carriedsbyeunan imous voice vote.
t presented the monthly financial report f nth
ing NAUgust 31, 1993. He said the City had 51,000=00oei othe
reyfus F s paid i of 63. e then r wed the
Dstatus of uthe afudnds.ha esponsext Mayor L and's question o
rry f utt said i eally t
arly ato tell a ntnere would be a 1 to of adjusting e at the
e year, b thought it would be a and $100,000. Mr.
Nutt advised that bond refinancing w ing ~ wed and perhaps
by October 18th would have some specifi so to present.
Mr. McNutt presented a proposal to implement payroll direct deposit
the C ith regard t the change in payweek, inability of
an employees to receive pact oof his wages in a check, additional
cel the implementation of direct deposit. Carried by unanimous
roll call vote.
19. CITY ADMINISTRATOR'S REPORT.
A. ADJUSTMENT F R CHANGE IN DISPOSAL tEE - WASTE MANAGEMENT
OF ORLANDO. O
Mr. Fellin explained that the c with caste M nagement
allows for t d that tnenr etfor pickup andad sal
of r of is was<e s s bit aajnstea w my
xne tia~afill o e~by the formula a o~iaea i nene
contract, the increas esequates tosa44 cents per unit per month and
the i u1d begin o the N ember billing. i{e s
nagement rhos agreed t absorb theVi e for o onthr because
there i note ough t implement t billing procedure.
ordinance tw not required a as vn the
..ontraoc o~~a was conaraerea an automaero pass for ~gnt w
Fellin said i aught to his attention that a
request w the P nel r0 o Sook at Chapter
of thea Policies anaeP with regard to u of City
ead. Fellin asked the C
affirm his yr erpretation of rthe Policy that the u of oCity
vehicles by authorized city employees to be driven ton and from
their homes is an officially approved actrvity.
Mayor L estrana said it w the budget has passed.
of at eo policy which w ary of a
ordinanced that w adopted which required that ac e to be
approved i onjunction with the budget each year.a ontinued
saying that he w this w ought up u e the
budget that no cars can rgo home rafter the 30th Y
There w e policy a itten a
what the sintent nv Mayor Love tram s ted the
vehicle listing a hed. aChief M inqusuggested
the budget o endedf ifnthat w what thenMayor wished.
ued asaying he ahad agreed during the work s s to
furnish the information but had forgotten to do s buts hadn sent
<he information over last week. Mayor Lovestrana said he would
resumed. IC was noted that the orainance had not been located. Mr
erpretation of the Policy. Mayor L estrand asked how many
vehicles w ing ar iven borne. esponaed, Yolice
Departments Ire Department - ublis Works - ecreat ion
Motion by C r Andeeson, s onded by C r Yearl, t
affirm t erpretation that xas discussed and that the take
home cars continue.
ney if t s proper,
theii Dula eb bled a o go
calla maae a orai~a~~~areaaa.
aia t<ner m .on ,a to keep war dike it ,a until a
ae<e m~~ation is maae of
Motion c led by a vote with Deputy Mayor 5 rilson,
commissioner Anaerson, ommissioner Miller ana commissioner Pearl
Motion by Commissioner Pearl, seconded by Commrss loner Anderson, to
vote, Mayor Lovestrand, Deputy Mayor Smerilson, and
Miller voting nay and Commissioners Anderson and Pearl
vot ingsayeer
20. Meeting adjourned at 10.20 P.M.
~/
Paul Lovestran<, M~yor