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CCMtg01-18-93MinLorvcwooD cxmY coMMlssxoN FLORIDA SANUARY 18, 1993 Present: Mayor Paul L and Deputy Mayor H vey Smerilson Commissioner R x Anderson Miller Commissioner FredaPearl . McFellin, City Administrator Geraldine D. Zambri, City Clerk Becky Vose, City Attorney 1. Mayor Paul Lovestrand called a regular meeting to ortler at ]:00 P.M. 2. of silent meditation w s followed by the Pledge of Allegiance eto the united States Flag a 3. PROCLAMATIONS/AWARDS/RECOGNITIONS/PRESENTATIONS A. PROCLAIMING JANUARY 23, 1993 AS "RUBY NOMAYSSi DAY. Attorney V eatl the P oclamation - LAIMING JANUARY 23, 1993 AB."RUBY ROMAY9E2" DAY in its ent irety ROC Mayor L estrand asketl M mayssi to step forward and aid eapecinlly approp=iateH that honor black repreneur o other zing's Birthday and said the best way to{compliment herai xop by her kitchen t what she has to aid he has been there and highly ox ends i mayssi thanked e eryone and said this i of the nrcest things {hat ever happened to her and she appreciated it. B. COMMENDING CHIEF GREG MANNING FOR HIS SUPPORT OF THE PORT CANAVERAi, MARINA KID'S FISHING DAY. red shadick c ended chief Greg M inq and presented him with Fa plaque thanking him for his support of the ral Marina Kid's Fishing Day, and said they could not have hadathe success they did without his. PAGSENTATION OF PLAgUE TO L CITY COMMISSION BY MIKE BONO, PRESIDENT OF LONGWO00 RARE RUTH BASEBALL. Mr. Mike made shox't presentation, ended and cognized the City of Longwood foi its support of the Habe Ruth Baseball League wrth a plaque to the Longwood City COmmySSlen. F/Y 1991/92 A AL AUDIT. ELDON MC DIRMITT OPPMC DLAMI , AVIS 6 LAUTERIA ANDUCO. roduced Ms. Kelly Leary and stated that they completetlMther 1991/92n audit and briefly oatlined the audit report. mitt referred t the Independent Auditors Report and said theyM w e happy t report that they had given a unqualified opinion this year ~ This w s due, he said, to the a unting department x nstracting r orde for the fixed a sets. ccNe read the Internal co ontrol ing their opinion of the nal c rol of that City oeLOngwood. aid there a material iolations of internal ontrol within the nal of Longwood o material weaknesses. , hetsaid, theyt did ro that there w mmaterial w eaknesses pr recommendations which he said weresh~ighl ighted in the audit. itt referred t other letter stating that there a - ompliance regulations not Federal, State or local laws by ethe C ty of Longwood. e briefly read the m nagement letter they ant to the Auditor ral, reportinga the tlis position of the c and r endations made t the City last year and what has ebeen implemented. itt high- lighted about eight c ants that w made last year which he indicated w almost all fully implemented, and noted four m - ompliance c oted this year, and said a great dealno£ progress was being made.n . Mc pirmitt c ended the F Department and eta££ for their hard work i implementinq somen oP their recommendationa and wor,.ing with them 4. HOARD APPOINTMENTS: A. T M4 AT LARGE APPOINTMENT TO PARKS 6 RECREATION ADVISORY BOARD. Anderson tad Ms. peborah Spiess. Nomr nation carried byrunanrmous vorce vote. B. DISTRICT RS APPOINTMENT TO CODE ENFORCEMENT HOARD. This appointment was de{erred to the next meeting. 5. PUBLIC PARTICIPATION. There was no public participation. Recess from 7:35 P.M, to 7:95 P.M. When the meeting r mad, upon request, the Commission grantetl C Miller the opportunity to briny a matter to the attentionsof othe Commission. Miller said a citizen o£ Longwood is going organize a w league and planned to demand of the C that he be given half of the playing space a ail able to oallsball players in the City. Re said srnce the Parks E Recreation pirector apace and erme, and has already done so with the Longwood Rabe Rath League, he wanted a s Fxom the Commission t make i - deniably clear that thenE fields have already been delegated s there will be no question i the £uture for this playing year, and he aid what happens n t year i of c rely up t the Parks 6 Recreation D Commissioner Andersoni said this is border- ing i iwhich is left up t administration, and i tad of taking a whether oo t they a e to play ton the Fields a eeds oto be taken to see if we support our Parks Fellin saitl the R eation Coordinator had already signed the Fields to the Longwood Dabe Ruth League and when w had a request Fox fields from a other group they w e told they culd u the Fields when they w e by anyone else [hat had r ved them antl they w e given a option, which they dial exercise to accept the fields at those alternate trmes. Mike %alin, sident o£ the Longwood Babe Ruth eague, said in prior years he has had discussions with D rry and with the Parks s eation Director, during which timeTthey offered t into aef acilities a ontract. aid they w red that as long as they prowiaea na e to the City they ould have rights to u e the field o nr going basis, not o year to year basis and M rry said a facilities u aiy. Kalin said what happenetl this year i ithnc changing and said they have o 90o chi ldrenei the organizations and they ov ld be willing Vto enter facilities a ontract athex than a year to yearinbasis provided they provide the City a aid they keep the kids off the street, give them a p1a ei to play shave n r turnetl anyone away, and have lived up to their end of the bargain. Mr. xalin said i s hard for Lhem t operate o a year to year basis and they would be willing t t down with M Fellin t solve t Pellin said thei City needs t ned with preserving a pxogrcam i the city, n what b o give all of the children an opportunity witlmaa iprogram of continuity. Commissioner P arl said i of the Fact that there other oiganiz ations u ing the fields and s the Longwood Dabe Ruth D sebal.l Leaguesbas s ved the youth of this c nity for o r Five years, they should be given priority and provide ~s guarantee t them. Fellin said that the way the Code ox othis c t bec done, and Commissioner Pearl said the Commission needs to act on this. Nadine Tolos regaested that before any changes, additions o agreements made, and the League has done a excellent job, free time should be included for the citizens of the came back with suggestions as to how to help the situation for next year and give greater a the Babe Auth League. Mayor Lovestrand a led Mi. Ralinu th to he didn't need to w rry this Mr s Ralin said he would supply the Admi.ni.strator with copies o£ the contracts he had with other cities. 6. CONSENT AGENDA: PROVED HILLS. B. APPROVAL OF MINDTE$ O ARY 4, 1993 ME C. AWARD C D q03-93, HIGHLAND HILLS DRAINAGE IMPROVEMENTSC(TABLED ON 1-4-93) Commissioner Miller asked that item C be c sidered separately and Commissioner Pearl asked that item F be considered separately. Motion by Co~mnissioner Anderson, s onded by Commissioner arl to approve the Consent Agenda with the e ception o£ Items C and F. Motion carried by a unanimous roll call vote. Item C. Commissioner Miller aid ording the financial report, the cash on hand in the utility cfund is $32,000 i£ i m C i approved, i Quid deplete the fund s ewhat and take u way Erom o objective o£ Wildmere Subdivision to begin a pilot project. Hen said he r ended that the Highlantl Hills project be s side indef initely~vntil the Wildmere Subdivision rs taken caretof. Depnty Mayor s rilson said when you a talking about ash on hand, you have to elook a only what's on hand but the tai a unt budgeted. aid theowhole purpose i o go i and jo i.ntly do this at the s Florida P r has a ditch open, a it will s a lot of problemsmand m ney. o aid he did not know whether this bid is looking at the labor for just going i ing '[he ditch opened by Florida P r but said 51520 c n be s +sed o sod and suggeated taking advantage of somebody els es work and save money. Mayor estrand aid his understanding from Public Works that w ingta lot m than the sod m ney and if this a a doe san t have a flooding problem why spend the ney until two o three very s s flooding problems a taken care of. He said he concvrredewith commissioner Miller,re Deputy Mayor Smerilson said he w and the City this past antl there i a flooding problem and ra lot of drainage going othat w not going in before. aitl a r has formed i front of aWOOdgate which flows downs into then Highland Nills Subdivision. Deputy Mayors rilson said this last s showed up a lot of other problems which did not show up when Wildmere showed up, so he has to c with Public works that each s m passing through the City c s problems in different a of rthe City. ced that n s the a est tim o take c of this o peopleva not i ced byihaving their fences [ n down and their back yards opened na second time, and at the same time save the city some money. Commissioner Anderson red ith Deputy Mayor Smerilson. He said i ing the letter r ved from s John's nagement D e there will Mave to ebe a lot of bequests ent toaSJAWMD and w will have to prove there will n t be flooding downstream. In which c e they will n t qet a permit o night. Therefore he believes that while they have this budgetaryei and its ready to be set in place they should go forwartl with it. Motion by Deputy Mayor Smerilson, onded by Commissioner Anderson, to a and portion of contract for labor only - $17,225 acquire the materials through Seminole County Contract. Motion carried with a three to two vote with Deputy Mayor Smerilson Lovestrand and Co espouse to Commissioner Pearl, Mr. McFellin aid he believed the contractor collected the money and said he was not sure if the City audited them. Commissioner Pearl aid he ould like this put abeyance u til i clarified. n by Commissioner P arl,~ Seconded by Deputy Mayor Smerilson, t ttable C Ageuda F u til the next meeting. Motion carried by a unanimous voice vote. J. PUBLIC H RING, ORDINANCE N0. 93-1118 - AMENDING F/Y 92/93 BUDGET, PROVIDING FOR BUDGET ADJUSTMENTS. Ms. Voss read Ordinance No. 93-1118 by title only. £ellin explained that this i nsfer o of m Ved fox State grant for recycling over to Public Works fornthe purchase of reeyclinq containers. No o spoke in favor o opposition of Ordinance No. 93- 1118. n by Commissioner Anderson, s onded by C ail t oc lose the Public Heaiinq. Motions carried by a unanimous voice vote. by Pearl, onded by mmissioner Anderson, othat Ordi a ce N ne 93-1118 be adopted. Motiono carried by a unanimous roll call vote. 0. 93-1120 - ING sECTION 23.fi1 (a~L ANDE (b ~N O DINANCES,N PROVIDING FOA AN INCREASE IN RESIDENTIAL DANO COMMERCIAL SEWER FEES. Ms. Voss read 0rdinance No. 93-1120 by Litle only Mr. Fellin explained that this ordinance ould s idential antl c ial s x fees, due t o 158 wi wholesale rates by Seminole County, that will have to nbee passed along to City customers. Ms. V aid she has contacted the S Hole County attorney's office and sedate has been set for the mediation but a mediator has not yet been agreed upon. No o spoke in favor o opposition of Ordinance N 93- 1120. Motion by Commissioner Antlerson~ Seconded by Deputy Mayor Smerilson to close the Public Healing. Motion caiiied by a Miller aid he red with the City Administnatoro that the rate hike by thec CounTy w unjust and believes i should be mediated t what c n be donesand believes the ordinance should be delayed until it is resolved. Mr. M Fellin said he agreed with Commissioner Miller but said the i t be delayed because w obligated to pay the 158 i while pursuing other a it. He said we maycBeaable to reduce this amounteat a tutureedate. In response t Deputy Mayor Smerilson's question, C art said w not refuse to pay but the m Hey c n be put intoea special bankeaccount until the controversy i ttled, although Ms. Vose said she did not know how effective i ould be t up a unt for this. There w s discussion with regard to e generated if all the commercial customers and residential dry lines were hooked in. mayor Love strand said this i erpxise fund and to keep the fund solvent, he said he would be ninclined t agree to put pressure on the County but would have to speak in Eavor of this ordinance to keep the fund liquid. There w s discussion regarding the financial impact of the 158 increase. Mr. MCFe11in said he would provide tbat information. Recess Exom 8:25 P. M. to 0:35 Y.M. Pepin refereed the Commission to letter dated cember 16~ 1992 from the F ector regarding the proposed aid therm thly ri s $2,513.09 fox the 6]3 c , 565 r sidential and 105cc ial, a of $3.]3~, sincreae inq the mrnrmum from $32.9] toe$36.]0 per month SeThe therefore this charge will increase from $24.]3 to $2].52. by Millers onded by Deputy Mayor rilson~nthat Ordinance N 93-1120 De tabled to the next meeting with discussion aT the Work Shop next Monday night. eaponae to commissioner Paarl, aaia Ennaa a /~ ailableMto pay for this m nth. rilson said s e have t t paying the fees to the County simmediately, if nw don't pass this ordinance t the fees and Ei.nd we have t do this at a latex date, how a x going to r oup the £ees. Mr. McFellin said although this ordinance takes effect E'ebxuary i, 1993, the r ook effect N vember 28, 1992 s already behind, and as pally o r first payment w ary 01993. After discussion decided that the 3oxdinance ould be e£f ec[ive a of February 1, 1993 and Ms. Vose agreed that this would be acceptable. Miller withdrew the motion and Deputy Mayor Bmerilsonrwithdrew his second, to table Drdinance d93-1120. n by C Anderson, onded by C Miller~tthat Oraina ce No~ 93-1120 be adopted. arl asked t add a endment on to ask the attorney st make ethe payment of the C arty i unt a til such t mediat takes effect. n aid that would not be a change then ordinance but the whole direct administration to do that and makers separate motionan ied by a four t ith Mayor L and, C Anderson, CommissionernMillez and Deputy mayor Smerilson voting aye - and Commission Pearl voting nay. ~ i Motion by C io er P arl, seconded by Commi.ss toner Miller, that the i sthenfee e the difference between the two Fees i be put i and held until Einal mediation with the County. n neputy Mayoro5merilson asked for claxi£ication of the motion that if ruled in City's Favor that the m ney be r ned t the people. Commissioner P arl and Commissioner Mil lereagreed to this clari£ica[ion of the motron. arl ended his motion, onded by CommissiJOnerrMillex that th ei n the fees, the difference between the t o fees be put i unt and held u [il Final mediation with the Coanty and eif ruled cin City's favor Lbat the m ney be returned to the people. Motion as amended carried by a unanrmous roll call vote. espond ing to Commissioner Anderson, M aid she wonld like t oid a -claim and that i why she spreferred n putting the fundsci unt but if this i the decisron of the Commission it c nebe donecbut said the Countyswill probably declare some sort of default under the agreement. 9. 93-1121 - ENDING F/Y 92/93 DDDG6T, NPROVI DI NG FOA BO-GSt ADGDBTMENTS. Ms. Vose read Drdinance No. 93-1121 by title only. r Fellin said this rs the suggested ordinance by o auaitozs to put us rn compliance with the intent of the storm water ordinance in regard to employees being paid out of that fund spoke favor opposition. Motion by ail, Seconded by Commissioner Miller, that the publics hearing ebe closed. Motion carried by a unanimous voice Motion by Ueputy Mayox 5 rils on, Seconded by Commis aioner Yearl, that Ordinance N 93-1121 be adopted. Motion carried by a unanimous roll call vote. lo. ACCEPTANCE OE 1991/92 ANNUAL AUDIT. by Commissioner ail, onded by mmissioner Andersoni to cept the 1991/92 Annual cAUdit. Carrietl by a unanimous voice vote. 11. COMMISSIONER STEVE MILLER - Miller read from his m o dated a nary 12, 1993 which he apropos ed to discuss the possibility of adopting a ordinance Lhat bans smoking i all city buildings and vehicles. suggested the ordinance be effective April 1. ued the penalties if Eound smoking i vehicle o ibuilding~ei whether it would be a isdemeanox o i£aadopted under the Personnel Policiee~ a disciplinary action. Concern was mentioned regarding onded smoking i vehicles and whether i should be ted t only those vehicles that a e driven by m than o persons or to not include vehicles 1n the smoking ban. Chief Manning said his officers a out o the street at night and officers who smoke u wally drive the s Of £ering a non- smoking course to employees was also ment roneds n by Commissioner Miller, s onded by Deputy Mayor 5 erilson totquickly z w the County's ordinance, follow its guidelines and draft a ordinance banning smoking in City buildings. Carried by a four to one vote with Mayor Lovestrand, Ueputy Mayor Smerilson, Miller read from his m o dated .T ary 12, 1993 which he sproposed that City vehicles should be driven home only by: Police Chief, Pir Chief, F e Marshall, City Administrator, Water Plan Operator -Weekends only Traffic Homicide Investigator letter was received Erom the League that there was no reduction in because they a not a ompany~ they a re n insu ranee c re an insurance pool that rs self-insured. He said he had questioned who was called out at night cn a regular basis and therefore his reason for DePUty Mayor Smerilson said he had asked for a description, who u antl For what r and said n w that there w a list, it would be a good workshop ni Commissioner Miller areal from the mileage list and said the amileage w s probably taken from a book and w s from city limit t ity limit. Chief Manning said his o dateda.T ary E, 1993 did provide justification for u of the vehicles and nsaid this is an issue that keeps reoccurring and causes a morale problem. Miller said he wished t call for a vote that this pracitice nbe discontinued. Commissioner Anderson called a point of order and said that this has been approved in the butlget and to honor C Millers request is perhaps illegal. Mayor L andmsaidianl egal question has been r sed. Ms. Vose aid it oinsfact this w a line i the budget would need to be ended. It w noted that t specific line i the budget for takeshome vehiclesher'ayoi Lovestrand said DeputyiMayor rilson would like m e to study the i and i might be nable to passage if hew e to study it su Mayor L and then passed the gavel and s onded c Miller's Vm n failed by a three t iths Deputy Mayor smerilson, Commissioners Anderson and P art vot ng nay and Mayor Lovestrand and Commissioner Miller voting aye. 12. EBOLHTION NO. 92-]15 (TABLED O 12-21-92( ING A MENT FOR F/Y 92/93 F PERSONNEL W THIN COLT P.CTIVE BARGAININGL O REPRESENTED BY THE INTERNATIONAL UNION ON OPERAI ING ENGINEERSNIT n by Cowniss inner Anderson, onded by Commissioner Mil leliot table R solution No. 92-]15 to February 1, 1993. Carried by unanimous voice vote. 13. ING, O 92-1114 (TABLED ON 12-21-92) AMENDINGSPERSONNEL POLICIESN ANDIIPROCEDOHES. Motion by Commissioner Anderson, onded by Commissioner Miller to table Ordinance No. 92-1114 to February 1, 1993. Carried by unanimous voice vote. 14. 93-1122, AMENDING F/Y 92/93 BUDGET RPRO IDING FOR BUDGET TRANSFERS. . Vose read Ordinance N 93-1122 by title only. The Commission sed the i ua1 dues for membership to the East ral FloridanRegionalaPlanning Council from $2,300 to $3,100, thet Council's role, and benefits of being ember'. Mayor and briefly r wed s of the duties o£ the ECPRYC~ i Facilities and ns portation for Elderly and andicapped? sub-committee of M ropolitan Planning Organization. Mayor Lovestrand sa.i.d the legislature will be reviewing the Council s funding will s this yeas if not r wed. aid he has t been o the C eil long a ough to judge it but said it has been s ssf ul i of certain development. Mr. McFellin saitl the initial appropriation w made to continue membership, this i just a n the membership Eee. Commissioner Pearl said he stronglyrbel ieved~the City should participate. n by C Anderson, onded by Conmiissioner arlMtora cept OrdinancefN 93-1122 onsfirst reading and that a public hearing be scheduled for February 1, 1993. Deputy Mayor rilson suggested a list o£ advantages and disadvantages of membership be presented. Motion carried by unanvnous roll call t presented a brief o of the Financial Report {or the period ending December 31, V1992 ew 16. CITY ADMINISTRATOR'S REPORT A. DRHAM A Fe 13 in said it has been the praccioe in fine pascT Cnac tnerconM fission nan not nonorea regnents for solicitation from organizations. the c nsus of Commission to continue the same policy of ino donations ns D. STATUS HEPORT-SSRWMD YERMIT FOR COLOMDNS HARBOR of PCti (FAIRY LAKC CANAL] Mr. McFellin referenced a letter £rom the 5 John's R nagement D and in particular the tlast paragraph which s ted that n ncludinq lantl clearing, shall begin o atne proposedcprojecttuntilra permit i ued by SJRWMD. advised that the City requested a permit to do work on the Canal and i espouse there w tal of 17 conditions [hat m t be t before a permit i ued to aid the City i orkingswith ochrane Engineering for omply with the informations requested and aid he did not know how long i ould take o if there would be additional expense volved. Mayor Lovestrantl asked if the information could be rprovided a the work s n the 25th and McFellin said he would try t Mayor L and said both the City and County nave done s ork nn the ew nal and questioned if the County had a permit and ewhether it was necessary tU have a Miller with regartl to additional expense, Mr. McFellin replied if additional work i required of the Engineer by the W Theiesw ued discussion with regard a[ gadded fees rif any, for any additional work needed and Mayor L and aid the City should yet cooperation and bending from Loch ra ne a they have r ved all the engineering work from the City for s ands Behave been crrtrcal that other engineering firmv have notebeen used. C. LAND DEVELOPMENT CODE - WOR% SESSION WITH LYA AND BOA. The Commission scheduled a ork s February 8, 1993, 5:00 P with members of the Land Planning Agency and the H and o£ Adjustment regarding the restructuring of the Land Development Cade. Motion by Commissioner P arl, onded by Commission Miller to extend the m eting a til 1D:15 Y n failed by a three t ith Deputy Mayor 5 rilson MOC Anderson and Mayor oL estrand voting nay nand Commissionerr Pearl and Miller voting aye. 18. Meeting adjourned at 1D:00 Y.M. Paul L and, Mayor city o£ Longwood, Florida ce E ~ n :; ~ z.~r raldine ity clerk