CCMtg09-13-93Minere reayor L ana
Deputy narorrx vey s rilson
aaioner R Anaerson
Millar
redePearl
Felli n, City Administrator
raid ineMD. Iambi i, City Clerk
ecky V Sty Attorney
Wells, City Planner
City £ng Sneer
Dan Mcxu ,1Finance Director
Mayor Lovestrand called a regular meeting to order a< 1:10
p.m.
A m ent of silent meditatisn was followed by the Pledge of
Allegiance.
3. PROCLAMATIONS/RECOGNITIONB.
Vose read a Proclamation P IMING THE WEEK OF
SEPTEMBER M 1993 A
H. LONOWOODTBABE RUTHEALL STAR TEAMS -
RECOGNIZING
MSNOR "A", MINOR "B" MAJOR "A" AND MAJOR "H".
Mayor estrand presen<ed ert if States of cognition to
represen{ativas of the Babe RuthCAll Star Major " Babe Ruth
All Star Major ' Team f ing the District fI2 Championships
and he presentede Certif icatesi of x cognitions t representatives
from t e Ruth A11 £ and the Babe Ruth A11
" Team foz winning the District II Championships and
seoonairiaoe£in states.
4. BOARD APPOINTMENTS.
A. DISTRICT #3 - PARKS AND RECREATION ADVISORY BOARD.
Miller Bald he fished appoint Alicia aughn
ichmond.ne of M ichmond too the Parks and Recreation
Advisory Boards approved bysunanimous voice vote.
H. DISTRICT k3 - BOARD OF ADJUSTMENT.
Commissioner Miller asked to postpone the appointment.
C. DISTRICT #4 - CODES ENFORCEMENT BOARD.
Anderson said he w appoint Mr. Haywood "Butch"
eundysslNOmination carried by unanimous voice vote.
Mr. Steven Bechtel, a Orlando Attorney, said he w expecting to
speak o aid he w s present on behalf of Orlando
astepaper tC red materials dealer, regarding a
other o ich swill probably b the franchise documenttand
had many c aid Ordinance N - ails f
which i erpa id by a ials dealer. aitl the
statutespre-empts a sty from charging a fee which goesH beyond the
of regisCering the b He said if the City imposes a
feet they would h urged that the City check
out what the new law was intended to do.
ank Goldsmith, 1 O E. Balton Street, Longwood, the father of
Emily Goldsmith, nal plea, [equested the C n to
and changer then pur t laws of the City of Longwood ~
explained t aughteru[Emily, a others, w e killed i
an acc identhas a result of chase in 19 ,wwhere a Longwood Offices
meeting and was aavasea that Longwood and sem[nole County have a
adopting. McFellin asked Sgt. Jackson if he had any more
information on the subject.
1
ith the other agencies in the County. He said unless it i
enforceable felony or capital felony, there will ben p [salt 5 He
Mrs. Peg Goldsmith, 1320 S. Barton, said she appreciated the change
Mr. Richard Skaggs, 6 Lake Circle, Longwood, expressed his
appreciation to M Goldsmith for what he has done this a ing.
aid he c speak on the i of the chase policy. Said i
doesn't seem right that he or others should be exposed to something
that has some involvement and say in the Police Department.
Sharon B ick, 603 Sherwood Dx., Altamonte Springs aid she
has teenagers, aid they don't always do
everything the rightanways, andsosaidmeshe believed the Police
Longwood r ested Mudd Lake be put on the lake m e list. .~
Mr. Molony srseferred to a letter he had written to Mr. McFellin and
r from 0 arker, Dept. of Natural Resources, r
Mudd Lake. Me. M Fellin said he believed therlake
ouldsb ould
requ i.reoguidance from the CityrEng ineert andt experts sin dthe field
ould c approximately $800 per year to treat
the lakerer aid the w r level i oiled by a sluece gate.
Tiblier enoted <hat there i also os and P
Count that could be treated. Insresponse to Mayor L ands, sM
Fellin said he ditl n t believe t g would eneed to be
amended to fund the additional proj ecte b
Upon the request of C r Anderson the Commission agreed to
move Item No. 12 forward onI the Agenda.
12. COMMISSIONER REX ANDERSON - ACE HARDWARE.
Commissioner Anderson said he contacted the Ci[y of Sanford as to
how they w ing a unt of utility t o be
collected from A afid e though Longwood is within the
law, he said he did not believe c sideration w s given t the fact
that the City did not specify clearly e ough that Ace w obligated
to pay such tax and asked that the i e be addressed aagain. Mr.
McFellin said he spoke with M sell and believes that he would
like to r ach a ca bl.e settlement and s ity
feels thew way ~ Mayor Lovestrand said at hthis lpoint the City
a apositi.on to negotiate. agreed. sell
o pay the City's attorney's fees ewhich he s
littledo r $1,000. ted t e Hardware has been paying
the utility tax since they were n tified of the requirement.
by C n Miller, s coded by Deputy Mayor S rilson,
that by roll carll vo City a cept the offer of payment of the
ity's a ney f obyhM Parnell a settlement of the case.
Motion carried by ounanimous roll call vote.
6. CONSENT AGENDA:
Mayor L and said he wished t Sider each item individually.
A. BILLS ANDS ESTIMATED BILLS FOR MONTH OF
by C r Pearl, s coded by C Anderson t
pays the approved obi lls and bill sr sforn the month of
September. Fellin certifiedithatdt sufficient funds
to pay the bills. Motion carried by unanimous voice vote.
B. OF AUGUST 9
993 WORT( SESSION AND AUGUST 16, 1993 REGULAR
by c mmiaeioner Anaerson, s onaea by c Miller to
approve t notes of August 9, 1999 special Meeting eAUgust 1
1997 WorkhSession and August i6, 199I Regular Meeting. Carried by
REQUEST AUTHORIZATION TO EXPEND $4,000 FROM THE
motion by c ar 1, s onded by c Anderson t
approve the $41000 e penditure from the Confiscation rFUnd for the
Halloween Carnival.
Miller said it w s his understanding that a $2,500
expenditure had been approveda for the Party and asked what the
ney w spent o Mayor L estrand said he z ently approved a
signed a eck for the party m Chie£ Baker and
that the City be provided wa eipts Eor the expenditures.
asked why the bills w t presented Snd ividually t e paid.
Fel.lin explained that he had also asked that questionband w
prow ded with a explanation that made s the t said
they have n echanism at this t unless they w eito be i ued
individual check for each item. Mr. McFellin asked Sgt. Jackson
to address the issue.
Sgt. Jackson s ou ld be the t oth year for the C val and
e purpose i o have o e location Yor the children t e to.
aid they used t depend greatly o citizen donation but m
ently, e difficult to get. Further, any m
oea w ~et~rneart nna. aia c eeaea
$4c 0 lastr year. In response et Deputy Mayor S rilsonc Sgt.
ackson said Last yeas 28 sworn officers donated their time to help
with the carnival.
Motion carried by unanimous roll call vote.
D. 2 JEEP W US AND AUTHORIZE IT
BECTRADED9POR A 1993 FORD FHISTANG.
n by C r Anderson, s onded by C ail,
I<em o mi beioapproved. Mr eCMeFell in aids they Thad
opportunity Dto trade t e jeep, which had been procured through
forfeiture, for a ord Mustang with a police package.
Motion carried by unanimous roll call vote.
ASE OF CENTREX TELEPHONE S
AWARD O D #25-93, B
G. AEgUESTF AUTHORIZATION E TO NDONATESy $1 000 FROM THE
Motion by C ssioner Anderson, s onded by Deputy Mayor 5 rilson
approve of terns E., F., and G. Carried by unanimous roll call
vote.
cna agreement o.
genii.
RE¢Desm FoR vxm
by c art, s by Deputy Mayor smerilson
s per c yd. r approved.
Motion carrieaeby unanimous roil call vote.
T PUBLIC HEARING, O
AMENDINGE T ADCITY AOP FLONGWOOp C ET THE
OBTECTIONB OF' THE STATE DEPARTMENT OFR COMMUNITY AL FAIRS.
ead Ordinance No. 9I-1143 by title only. Mr. Wells
explained that doption o£ this ordinance ould be the
formalization of the Stipulated Settlement Agreement. He said
eryU ing nas already been agreed to between t ity a
Department o ity Af Eairs by virtue of the adoption of the
Settlement Agreement whim then requires t Plan b
by O Ne explained that the attached exhibit pages w
fact dreplacement pages t erted into the Comp Planin
Wells s n preparationcf chef meeting he n ced o Exhibit
" that three additional words and Support p ents" needed to be
added. He then distributed the amended page to each Commissioner.
Mayor L and opened the public hearing. No one present spoke
rn favorvor in opposition.
by C e Pearl, s onded by Deputy Mayor S ril son,
to close thempvblienhearinq. Carried by unanimous vDrce vote.
n by C r Pearl, onded by C Anderson
that Ordinan emN e 1143 b cepted on first reading, with the
change, and tnat the nil apublic ing be scheduled for
September 27, 3993. Carried by unanrmous roll call vote.
Tne Commission recessed from 8.20 p.m. to 0.32 p.m.
8. FIRST AEADI NG AND F UBLIC HEARING, ORDINANCE NO. 93-1148,
DETERMINING THE AMOVNTI O E RATE OF AD VALOREM
TAXATION AND MA%ING THE ANNUALNTAX LEVY FOR FISCAL YEAR 1993/1994.
ordinance No. 93-1148 ety. Mayor
Lovestrand rsaad ha wished t explain t this el eo lled back
there i o tax rate i e by the City.a
actualnmillage r s less t e former millage ~ewnicR w
5.12; the City hastnot r sed t aid he nas been asked by
a gentleman why his taxes went up and nee advised that his appraised
value went up, and that i a County function not a City function.
Mayor Lovestrand opened the public hearing.
No one present spoke in favor of the ordinance.
Hopkins, i aid if the C my said
his property w sed SD&r andASaid ee if t City's millage
ithey aw ill still get So$em Hopkins w
advi thats ifs his t ent up it w s based o sed
appraisal and h ouldxspeak with the County a
rotest day. Hopkins s d he called the dC ntythand they
sed him t speak to t ity and told him the r n his taxes
o high ~s that he lives i the H cal District. He asked
howthe could get taken out of the Hi stoeical District.
Pat Hockenberry, 252 W Palmetto S aid there w
article in the n wspapee a 3$ cap being imposed and said she
believed this would aPPect the City's budget.
Motion by c Miller, s onded by Deputy Mayors rilson,
to close the publicn hearing. Carried by unanimous voice vote.
carried by
1993/1994.
Ms. Vose read Ordinance No. 93-1149 by title only. Mr. McFellin
Mayor Lovestrand opened the public hearing. e present spoke
favoe o opposition. Motion by c r Anderson,
onded by ssioner arl, to closeo the spublic hearing.
Carried by unanimous voice vote.
Motion by Commissioner Miller to not approve Ordinance No. 93-1149.
Motion failed for the lack of a second.
Motion by C ar 1, onded by Commissioner Anderson,
Ordinance iN -3149, adopting a udget f tfie F cal Y
beginning O nding September ebe
cepted ono frbrst r ing and that a final publicD hearing be
scheduled foe septemberd 27, 1993.
'ssioner Miller noted that under stormwater [ltility Fund,
Capital Expenditures, page 252„ the figure is still the Sam n I _
expenditures of $169,170 but noticed on page 251 i the budget work
sheet, an expenditure of $43, 57o for a vactor typenteuck again. He
tnoegnt ene i of buying a sloD,ooo s eeper w
sol~ea. eelli~nsaia a street s eeper yesrsa
e purchase of a actor truck for stormwatervm intenance
uthorized in last years budget f and
itsi eeded and the only r n he ogottf
buy a eepee attachme C o w2f
brought t tthe C only, will be eequested.
Both Mayor Lovestrand land Commissioners Miller spoke in opposition
mmissioner Miller made a motion to a cept the ordinance w the
ception of the $43,570 expenditure for a r type 3<ruck.
Deputy Mayor 5 rilson n ted t ould leave a unbalanced budget
and suggested the 543,SYO was passed back tot a people in the form
reduction in the tax. Motion died for lack of a second.
Miller a ended the m add that the m ney be
tiansf erred back intom Btormwater Surplus oand that it be used to
fund s water projects, it w ended. Mayor Lovestrand
passed tthe gavel and seconded the moron.
r Pearl asked if it still could be bought out of the
and he w ould. Motion failed by a three t
vote wiU Deputy Mayor rE rilson, C r Anderson and
oting nay and Mayor I,ovestrandna nd Commrssroner
Millersvoting ayel v
n by C i Anderson s onded by C rilson
that the C reduce i salary by $300 per rmonth SmeDeputy
Mayor 5 rilsonssaid he wouldss and the motion if the m ney w
returnedeto the citizens. ued a where the
ney would go if the salaries were reducedt inMOtion died for lack
of a serena.
arl said the C choose not to purchase
themtruckn if they so desire and then called foe the question.
(to a cept Ordinance N - first reading with
public hearing schedule foe Eeptemberl2 93) w red by a
three to t itn Deputy Mayor 5 rilson C arl
and Anderson v ing ayes and Mayor Lovestrand sand
Commissioner Miller voting nay.
UELIC HEARING, R
ADOPTING A FIVE Y OVEMENT PROGRAM NPURSUANT TO
REQUIREMENTS OF SECTION 6A. o1 OF TH£. CITY CHARTER.
ead R solution N 5 by title only. McFellin
tedot the eaates a s9the2 Capital Program needed t
ected in that they should begin with F/Y 93-94 and end with F/Y
Mayor LOVestrand opened the public h ing. o one present spoke
in Pavor or in opposition to the resolution. N ~ ~
Motion by C ar 1, s onded by Deputy Mayor S rilson,
to close thempublicnhearing. Cart ied by unanimous voice vote.
arl asked if the Depaetment's r ended changes
rm the3 F Department w ncluded i the Capital Plan.
Fellin advised t the obudget would also have t0 be changed.
The C by c s decided t ack a s later date,
after finalradoption ofe the 9]/94 budget and a end the budget to
provide for the changes recommended by the Chief.
Motion by Commissioner P arl, onaed by Commissioner Anderson,
- 5 be a cepted o eading and that a
fina lRpublicrhear~ng96e scheduled for September r2 J, 1991.
Miller noted that t eeper" w still
sedl unrder rAdmin. Equipment Public oWOrks sw Fellin
suggested the wording be c ted t actor truck". MMr. McFellin
noted under stormwater it apes say "vactor truck".
Mayor Lovestxand said in the heading it says five year program
pursuant t ity Charter 6.5. He t ted t requirements
for adopting the Capital Plan ash per other Chartero and said he
believed the Plan fell short of the requirements of the Charter.
Comm spoke in opposition to the purchase of the 1
uck. M1Mayor ovestrand said he believed he City should
look rtowara long range planning. The need for additional
by a three to two vote with Deputy Mayoe Smerilson,
arl and C r Anderson v ing aye and Mayor
LovestrandoandoCOmmrssronerrMiller voting nay.o
REQUEST F ARY RATE ADSUSTMENT - INDUSTRIAL WASTE
SERVICES. (Discussed after Item No. 6.)
12. SSIONER RE% ANDERSON - ACE HARDWARE.
oi~cuasea after Item No. s.~
. McFe lain advised that this ordinance w uld open the c ial
solid w collection t - xclusive franchise.
asked ifs she had anything at say in response to the attorney who
spoke at public participation.
Ms. V aid there s n gen ral tD be a dispute as to what the
State law reads and said s Quid not say w absolutely
right r imposing a franchi se hf believes a agood argument
Duld be matle. aid M Ledford talked with s
Legislature who doese interpretation for the Legislaturem ao ashe
left the c n feeling comfortable t a fee could be
imposed. s until there is s ual litigation n
n be ss Fel lin said oMS.a Ledford spoke with
e from the League andMit w their i cation after meeting
ith other cities i volved with this, thatn[he 1 that w
Quid n [ prevent the c ial establishment from [disposing o
their waste r any m ethey wanted, however w Du ld impose
regulations on the person providing t a to dispose of the
rite. Ms. V fed s ambiguo shlanguage n the new law with
regard to fra ncT is ~ng recovered materials dealers.
Motion by C Miller, s d by C ar 1, to
cept OrdinancesN - nefirst readingm and that pa public
hearing b scheduled for September 2 ied by a four to
Deputy Mayor rilson,93 Anderson,
mmissioner [Miller and Commrssroner Fearlovoti ng aye and Mayor
Lovestrand voting nay.
INANCE ND, 9 ENDING THE BDDGET FOR
F/Y 93- PROVIDING FOR BDDGET TRANSFERS.
by t only. Motion by Deputy Mayor Smeril5on,
onded byadc r Anderson that Ordinance No. 93-1151 be
cepted on first seead ing and tTat a public h ing be scheduled
for September ] Fellin, espon e to Deputy
Mayor S rilson,,s d he would furnish the information h requested
regarding the t e Overtrme Account. Matron carried by
unanimous roll calif vote. t
15. PIAST R E ND. 9 1152, V
RTION OF A DRAINAGE AN EASEMENT LOCATED IN THF. AFAR OF
LOT 150, DANBURY MILL, UNIT III B.
Ms. V ead Ordinance No. 9 1152 by title only. Mr. McFellin
explained t request w abandon 3 sq. ft. of e
to allow then person to get clea~ title on the property becausena
patio was by rlt over tTe easement.
by Deputy Mayor rilson, onded by
Anderson, t e Nosm93-1152 besa cepted on firstrreading
and that ahpublidcr hearing be s heduled for September 27, 1993.
Carried by unanimous roll call vote.
RESOLUTION N AUTHORIZING L ROPOSEB
AMENDMENT OTO BE'PLACEO ON BALLOT FOR NOVEMBER 1991
ELECTION.
cad R solution N - 6 by title only. upon reguest of
the VMayor, City CS erk 9 read the ballot language. Mayor
Lovestrand questioned whether the ballot language followed the
ordinance ith regard language determined by the
Administrator and Chref and Ms. Vose said pit did.
Motion by Deputy Mayor 5 rilson, s onded by C r Pearl,
me ec ommrssrone
that Resolution No. 93-"126 be adopted Carrred by a three to one
arl voting aye and Mayor Lovestrand and Commrssroner
Millersvoting nay.
Mr. McFellin referenced Ms. Zambri's letter and explained that in
onduct a Open House and a the s e time do a dedication c ony
to honor the former Mayors of Longwood. Ueputy Mayor Smeril5on
noted that September 25th r ewi sh Holiday, of the m
important, and said rt wou lds preclude any former Mayors that are
RequixiNc
MAINTAINPTHE PUBLIC RIGHT OF WAY BETWEEN THEIR PROPERTY ANU
THE STREET.
The o e proposed with regard to requiring property o
n the public right of way b their property wand sthe
s discussed. eof ea s behind c walls,
s ideet and ya eds M walls/fences and other
Bible ato the indibvidual property o and the need eto
address a of t n tha ordinance w noted. Mr.
McFellin said he wound r rch to s what other ssituations of
this type would need to bee addressedeand the ordinance would be
revrsed to deal with these situations.
Motion by c Anderson [ end the m ing until the
Agenda is completed ne Motion died forxlack of a second.
18. Meeting adjourned at 10.00 p. m.~~~
~~, / ~ Paul Lovestrand, Mayor '
dine Zamb CSty Clerk