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CCMtg10-04-93MinPre ent: Mayor Paal Lovestrana Deputy Mayor Harvey S rilson Anderson Steve Miller red P arl Fellin, city Aaministrator raiai~eM~ ambri, city clerk Hecky V ity A ney Richard Wells, CitytPlanner 1. Mayor Lovestrand called a regular meeting to order at ]. 00 PM. 2. A m of silent meditation was followed by the Pledge of Allegiance eto the Flag. ead a Proclamation PROCLAIMING THE MONTH OF OCTOBER, 1993 AS SDOMESTIC VZOLENCE AWARENESS MONTH. 8. Ms. V oclamation PROCLAIMING THE MONTH OF OCTOBER 1993, AS SPINAL HEALTH MONTH. Mayor L and presented the P oclamation to Di. R erg. enberg introduced Or. D and Dr. e on and then extended his appreciation to the City and the Doctors. 4. PUHLIC PARTICIPATION. No one from the public paeticipated. 5. CONSENT AGENDA_ HILLS A oBER. H. APPROVALOOF MINUTES OF EMERGENCY MEETING~RHEPTEMBEA 23, C. HEMENT AGREEMENT BETWEEN INSURED INCOMEAPROPERTS ES L1982HAND THE CITY OF LONGWOOD. Mayor Lovestrand asked that Item C. be considered separately. n by C r Anderson, s d by C r Pearl, that i andsH not t consent Agenda be approved LO Carried by unanimous roll call vote. Mayor Lovestrand asked the agreement should be adopted by solution. Ms. Vose advised that the easement is being granted to the City. by Anderson, ondetl by Deputy Mayor rilson, that the rS t Agreement b red ropeeties and the c ty of Longwood be approved.2e Carrie by unanrmous roll call vote. ALL G N (AM N INDUSTRIAL) S E 7-9 AND LOTS UTH L Io ANT: AMERICAN IAL CENTER. OWNER. DAN WOODS ?EPROPOSED USE: WAREHOUSING. Wells presented the site plan and explained that the proposed ce/warehouse building would b sq. £ that city ailable a e project will be subject t nole untyeroadr impact fees and to WM permit o emption~ E aid staff recommended approval subject to meeting those requirements. by C ar 1, s onded by Deputy Mayor S rilson, t tapprove the Al.1rG Site Plan subject to compliance with staff comments. Carried by eunanimous roli call vote. ~. E%TRAORDINARY COSTS TO E%TI NGUISN FIRE AT AAA TREE SERVICE. McFell in referred the c report from the Fire Chief titled Alarm 5 ary, O noted that n osts w ncluded, but the report ew s broken down rnto personnelchou nrts hours and assistance agencies. Mayor Lovestrand asked if the City had a ordinance that allows charging back. Ms. Vose said the City does n t have a ordinance, uch, but a specific ordinance is not needed. ted Florida c which i volved the costs being charged ba ck~,oo nmparticular being Orlando, r which they r d 95 cents o the dollar of their cost after a uit w s filed f red up a spi 11 that had o red o - wed a that then ouldv use rn attempting to uchargef for textraordi nary costs rncureed. ued a o possible c of the fire, whether i sedco duen negligence, relessness spontaneous ombustion. Mayoro Lovestrana w copposed to AAA being charged £ ary costs to fight the firer ca ingvthe fact that the City did not have a ordinance whicR allowedreharging back the cost of fighting fires ~ r Miller w opposed o AAA Tree S e being charged as she believed AAASw not esponsi ble for t ating t int where the c fight the Ordinarythand he referenced s Chapman's memo rn whichehee recapped the daily progress of the f~iref recover 52,]"!5, the extraorarnary cost to purchase the foam. with regard t whether the height o mulch pilesssand cinaccessibility was a contributing factortRrn Che calation of the fire, whether the fire calated due to breakdown i equipment or whethee the cause wassdue to spontaneous combustion.n arl spoke in favor of charging for the e ary ostss andn said i understanding that, had the rp it es nn been s high, the possibility of bringing in the foam would n have been n ary. Further, i s brought in because of height andeinaccessibility offtheemounds. Miller said the fire started way in the back a ithe piles and because of a eakdown i equipment, theafire rekindled because it was not adequately put out and then moved to the largee piles. Deputy Mayor Smerilson asked if the need to use this foam was due and there was insufficient access to the fire as vt was surrounded by woods. Mayor L and, s ted there i ally no precedence for charging and the cityr Ras no ordinance that says we will charge victims of fires. ted during discussion that ted by code enforcement for The height of the mulch piles andsi tow also n ted that there is still a open case at Code Enforcement with regard to Deputy Mayor 5 rilson said Re w unfortunately, unable t make special m ing. ontinuea saying this w the first fire of etRis type tRat the City has extinguished and n~f Ch is was gross relessness. Said the problem he would have 1 if the City w s these people, a they going t ess others and then howadoeyou determine who and when to assess. Mayors rilson a Miller voting nay ana commissioner i earl and commissioner Anderson voting aye. except that all reference to recovered mateeials was removed ted that the only reference r ing w n Article Vwh ich orequired c ial e tablishmentsn to comply with all eequiiements of any recycling program. Motion by c mmissioner Miller, s onded by c Anderson, that Ordinance N cepted o eading antl that a public hearing be scheduled for October fl8, 1993. Carried by unanimous roll call vote. Wells referred to his m o dated September 3 1993 which he aid w the s s his prior m ith the e ception of s angel m sea o However, saia ne aid take the Market out ofvthe c rolmof tthe City. noted s oftthe changes: deleted "Recreatvon Dvrector and replaced it with ector; apply $1.00 of the $12. D0 rental fee to a cupational e fee so the vendors a shown to be paying a license fee. Mecnoted that Section 1 of the City Code allows the C to set fee for ncOlass if ied rchants and asked that sthe Commvsslon set up a fee of $I per Saturday pee vendor. Wells d tributed a ing the startup and iongoing cost for the Longwood C ityc Farmees Market d then requested the C n to approve $SOO i order t begin advertise t arket mm that on the first day of the arket there w oand 250/30 shoppers o r the day. Further, M orliss~, etheeo of the vegetable standVehas agreed to be the market m Hager and nwill not charge for the service until the market is up and running. Deputy Mayor S rilson asked, if a rchant a early had a City occupational license, wou l.d the $1.o0m fee be wavved and Mr. Wells n by Deputy Mayor Smerilson, s onded by c Miller, 0 1o ec ommvssvoner that the City appropriate $500 t ablish the Market, and that a $1. 0 per w k per v cupational Lvicense fee be charged. Carried by unanimous roll call vote. lo. APPOINTMENT OF CANVASSING BOARD FOR NOVEMBER 2, 1993 ELECTION. ambri explained that City Code requires that a Canvassing Board be appointed in order to canvass the absentee ballots and the Clerk and ity ssioner, nsti<ute the ingnB and and that she wou ld os ong w BatesssP that ethe Commis sionerM appointed could not be a cand idateSwith opposition. mayor Lowedtrana saia he wianea < Miller. Seconded by Comm issvoner Bear 1. carriedn by unanimous voace voce. Eellin said a the loot c ehe c gave permission t iclemautbor iz atiw u til r solu<ion aiauaftetr r rching, it appears when the change proposed by the Mayor w supposed t orporated, a did not c e back fors and r sing i the m reflected i the notes, w~na when orai~a~ e w passed er the worainyn as inconsistent with whatewas vn the mvnutes. by approving c that then becomes a officially approved actvvityav The second sentence says the parameters will be s to what udget cycle" m but said it appears to approved a ity unless it v changed. But s thought at nt does have the duty t Sider it, b aid she did not believe vthat what was previously approved wouldubecome It was the consensus of the Comm vssion that a budget amendment five advisers for a f 54]8.75. aid this would expense panda wouldt be funded from ethe Confiscation undo amid the Explorers would a ist in such things as crowd controlEfor special events in the city. Mot vo by Deputy Mayor Smerilson, seconded by Commvssroner Peael to Carried by unanvmous roll call vote regaed t inquiry last week about orkers compensation of aid Mr. Coleman advised that there is a $2,500 deductiblecper claim. of an addvtvonal dvsbursemenT. of $822.44 for pay for the Building off ioiar a A onference. xe n tnat it w a budgeted and that t ity w not paying f any t nsportation costs It was tnehconsensus of Commission to approve the disbursemen 13. CITY ATTORNEY'S REPORT. Ms. Vose Bard the City nad race rued a check for $506.20 for pay s due a a part o ttl ement. Ghe advised that s aademand letter and a aonOCtobe[ 4, the d they w requiaredet pay, o payment w calved. Ms, aid rn eher letter o£ September 2 ashe did advise themVOP the penalties that could be i recta i rminal charges e filed and triple damages charged and said Ter r ould be t Eile a omplai nt for triple <he a enpaid.n s the c sensus of the commrseion that Ms. vos~oao wna<e~er is neoeeaary on T R3. Deputy Mayor S ith the two Sbargaininq u s have been r tifiedsar aeid tnereowere no changes so there was no need for an executive session. TRICT #2. arl aid he had r ved reque tsf additionalms een lignting o be r talledeat the front, back and the G ant Street side of the Longwood Retirement ing F cility. Me Pe llin said he w ork ing with the Police Department and Public Works with regards to the request. arl said he had r calved a ouple of calls from Bay raboune code iolat ions antic noted that the Code Enforcemeht Officer had been very actrve in this area. T #3. Miller said a the last m ing during Public Pa rticipationos entioned tthat the drainage problem a rch and G t had on [epaieea. aid h personally spoke to the o of the N ing H and the problem had been repaired and complemented the City Administrator for having had the problem resolved. T p4, r Anderson se id certain questions nave beenasked of them Cityr Attorney and eye beows were ra rsed by defending a position on school buses Mayor Lovestrend said he would need . Mayor Lovestrand passed the gavel and made a able t e discussion to the next meeting. Seconded by Commrssroner i+earl h aid with regard t rdi na nce dealing with solid w y she had tried to explain the State law i biguous, and said shetspent 40 hours r rching. I my w ashe finally got i uch with M aat the League that s able to get the information needearrsshe c saying sheehad sgone through the ordinance c refully and tt 8id do t hurt anything to pass the authorizing aordinance as presented a it would have allowed the - xclusive pickup to begin. She said it w s the best thing the cityelegally could have done at that point. Motion careied by unanimous roll call vote. DISTRICT C5. Mayor L and said the City may have t revrew its occupational License code as rt relates to sidewalk they sell, they fear for their business ted. said she is having a problem with s ral juveniles nthe a a jumping her fence and is fearful they will be hurt. He aid she has called Ue police but the call i Bated a urgent call and the juveniles are gone before the police arrive. ~~ aaul'dL.,.~~i,a Mayor ~r Cxty C