CCMtg07-08-85[% ~ M1~0 CITY <~fA9SSSI0Y
.R.^.,y S, 1985
2[esent Ma}ro::`r [ikon
Ceputy :^ayo[ Coldbe[y
Camnissione[ Faulkner
Commnissioner [nrrann
Comniseionec Myer
Gr 9 Manning, City A~tinistratoc
Gerald Norman, City At[omey
Gonald Terry, City Clerk
1. Mayor Smecilson rolled the meeting to oidei a[ >:30 P. M.
2. The City Commission observed a noment of silent meditation follo d by the Plei9e of
Allegiance to the unieed states elag.
3. Approval of M es for June 20, 1985 Special Meeting and June 24, 1985 Peyula[
ring, on by Commissioner Faulkner, seconded by Commissione[ Myers that M of
ne 20, 1985cand Jone 24, 1985 be approved as sutmitted. Nation wcried by a wwcmous
mll call vote.
4. Appoint~mnt of City Clerk. on by DelMayor Goldberg, econded by Cgmmissioner
Myers that Donald Terry be [eappoint H City Clerk. Motion caresed trY a waninnus toll
call vote.
5. Appointnent of City Attorney. on by Cosenissione[ Myers, econded by cep4ayo[
(bldbe[g that Gerald Kornan be ceappainted City Attorney. Motion carried by a wwvrous 1'i
toll call vote.
6. Continua n of Public Hearing, 0[dinan No. ]01 - Atu:exation of a portion of Iat 1,
[enedale, PBro6, kG 95, Public Rer rds of Seminole County. Motion by Carcnissioner
aulkne[, seconded by Cgmtissionet Myers that Ordinance Na. 701 be reproved from the table.
Motion rigid by toll call vote. M[. Fogec Jablonski reiuested that
Ordinance rNa. >01 be continued until £inai a n hiss a plan Eor the property
cortq>le[ed M1y [F:e Land Planning Agency. M[. ~Pemacd Linton azked if the Land Flaming
Agency could c e plats for property n within the City L s and M aid
the could does n by DepHayor Goldberg, seeoed~ by Crnmissionec Myers that
0[dinance Ib. >O1 be tabled until July 15, 1985. Motron carried ty a wanvrous toll call
]. Continuation of sSte plan for Island cake building, econd phase located o savage
Gnu[t. aid he hal discussed the site plan with the attorney rep[esenti[g
[he purchaserKOas toswhethe[ Lhe site plan was a sub3ivision within the rteaning of the
City's Subdivis'on Ordinancee. M[. N said no plat had been filed. Mt. K said he
had view d s deeds and documents and he =aid ehe p[ope[ty in cryestion had been
subdivided pc iocrcoo the Sildivision Ordinance and wa illegal separation.
Norman said he ladt[eview d the deN' a:d docufrents and no sary easeaents and said they
e all in older. OepNayoc Goldberg questioned Che fact that [he site plan provides fo[
oNy 93 Farking spaces instead of the r ryi[ed 95. Commissioner aulkner questions']
whether the applicant's adniss n that he uss of a ponding p[~lem would relieve the
City from liability. Norman said the Cpl icants statsrtznt should release the City
from liability and he said the applicant w'as requesting the City to app[ove 93 in teal of
95 parking spaces which th authorized to do, on by Delf~ayoc Caldbe r9. s conde2l
by Comnissionec [ornann chat bete plan be approved with the condition [hat applicant
letter agreeing to hold the City harmless fran any flooding on the property. Motion
carried by a wanvrous roll call vote.
Public acing 0[dinance M. ]OS - xafion of Florida Avenue fran its
with Highland St[ee[ to its i wieh Highway 1>-92. read
byte it terooNy. Thete was no discussionnteprco oroc Motion by Commissioner Myer
I~ onded by Dep yo[ Cn1dL [y that public bearing be closed. [tied by sa
roll call v Motion by Comndsaioner Faulkner, seconded byrCrnmdssionez Myers
thatrOrdirance !n. JOStbe adopted. Motion carried by a wanzaous roll call vote.
9.. Public He ring, 0[dinance No. J06 - Annextion of Eastern one-half of Highlud Btreet
f[om intersecion with Pasadena on the South to its intersection vi[h Iongdale on the
nth. ttsM[. lead by title only. There xes o discussion, pro o n by
Conenissioner aulkne[, econded by DepMayo[ Goldberg that public hearings bebeclosed.
Potion ca riedFtry a toll call vote. Motion by Commis aulkne[, econded
by Convnissioner Pryers thato0rainance W. ]O6 be adopted. Motion cacrierl by a unanvrous
roll call vote.
10. Public Healing, Ordinance No. >O8 - amendinq code of ordin read by
itle oNy. D. Sirtpson injected to the wiling of the ordinan ing that it
wall pcecludeMa resident from erecting a basketball lxwp. M[. Kozman disagreed, stating
[hat the ordinance provided for an oofed swKS surface which weld [nclude
basketball hoops. TTez o furthe[ discussion. Motion by CwmmissionerotFaulknec,
wrcied by Ce[Nayor Cnldbe[gn that public hearing be clos d. Motion ried by
roll call wte. Motion by Conmussionec Myers, ecofded by Dep4ayor Caldbecg
[ha[ Ordinance No. Jo0 be adoptea. Motion carded by a wanrnvus roll call vote.
11. Mayo[ Smeiilson announced that agenda itan I1, Preliminary plan for Nelson Court
s,vaivision has been aeletea.
12. [st Reading, Ordin J04 -amending code of ordinan es by revising Sect
509.2. M rnan read by title only. Cumnissienec Inemann asked that the wcd
occupaiy"r n[~KOSection One be m erred read occuiancy'. n by Crnmnissioner
Faulkne[, ecomled by Commissioner Innnann that Ordinanm Pb. J04ibe accepted on fits[
reading andsthat a public healing be scheduled for August 12, 1985. Motion w[tied by a
unanzrtous roll call wte.
13. Resolution [b. 545 - a~rerc3inq the budget fo[ [he fiscal yea[ 1984/1985 by
ansEerring $0,500 f[om Police Depa[tment to the Building Dep3[brznt. Mo on by Bed yon
Cnldberg, corded try Ctmmdssione[ Faulkner, that Resolution No. 545 be adopted. Motion
tied by5e of 9 to 1 with Mayor SneciLSOn, CepMayor Cnldberq and Commissioners
Lornann and Faulkner voting Aye and Commussioner Myers votinq Nay.
14. Mr. Bill Mayo asked the Cgmrdss sider granting an xclusive ga[ba9e
franchise and he said a poll was taken lasttyear when the majority of ethoae questioned
[n Eavoc of a franchise. Mz. M>3yo said Ire ws uMappy about [he in nn prices
charged by IrVS and he said that Ace Garbage had offered a 3 ironths trial~pexiod foi
$20.00. Mr. Mayo said [here were se eral advantages to granting an exclusive garbage
franchise nncluding less trucks on City streets. Coimhissione[ Faulkner askN if Ne
Cmmmission mold regui [e garbage crn¢anies to appear before the Cmmission for approval
pct [ to i asirg c aid Lake Mary had e eted a rmilar ordin ce but
Cher anpcoblem zajui[i J ~~liance.s aid s of the i e due
ceased dwpin9 fees. ~~Pryess said the me of nCasselbe[ry and
Altaimnte Sp[i[gs ux a having difficultynwi[h their exclusivec[garbage f[anchises.
Korman said Altartonter5prings had rejected a bid for being too low and had opened the Ci[y
up fo[ everyone. Mayor Sne said IongwN had requested .input f[om the c e~vs and
1 after tolling a public hearinglard [eviewing bids submitt d, had rejected the proposal fn[
r an excluszve garbage franchise.
Mr. Bemazd L rated Uat IWS had in eased their imnthly charges th[ee t ithout
otice. Mr. John Hepp said he had [ ccha9 the i ue previously and said appeoximately
w thuds of those zesponding to [hens rvey on the garbage franchise w rni £avo[ of the
City granting an exclusive Ecanchise.u He asked the Cgmnission to reconsider the sssue
and cited the r nmbe[ of t arks ss an advantage. Fred Peazl sad Ne is e had
been eonsiderea a~a ene aeeision ,raae to ray cairn ene free enterprise svaeam. xt was ehe
cron_en_us of the Commission that an exclusive garbage franchise was not awanNgeous. 1
15. Public Pa[trcipation.
Mr. Sinpson questioned Ne legality of the in [ility taxes
passed by the CommiHSSion and said it was discrimination to chargechigFer conme <ial fees
than residential. M[. % said he did not agree and suggested Mr. si>RSOn provide the
case law on Ne subject.
b. Hasil Craddock said a garbage ~nY load solicited all residents of Winsor
sign with his company and if [hey did they wall provide
ce fo[ $].00 perartonN and return 51.00 to the hareowner Craddock
objected to the appointnent of a Transportation Agency that was heavilyrwighted in favo[
of Crcange Cowty. He also objected to the appointment of 25 lawyers to rwrew death row
appeals.
16. City Administ[ator's repot.
Manning stated that there was an ting vacancy on the Parks and Recreation
Advisory Pea[d due to trof£man's resignation16 Hayoc srer ikon said he mould like to
Dale Lilly for apioinGnPnt to Ne Poard. Notion by xkpNayor Goldberg,
econded try Gonmussioner Myers that M[. Peter tbffman's resignation to accepted. Motion
ried by a roll call w n by nzlinayor Goldberg, econded try
Crnmnissionec Mye s NatuMr. [Nle Lilly[be appointed to [he Parks and Recreation Advisory
kba[d. Motion ce xied by a toll call w Commis said Mc Fred
Fggexicks, her appointment to the Parks and recreation Advisory Mara had advised that he
tort resign and she mould nave a narte available for the nett mseting. .`i
b. Mr. Manning said there ova cancy on the Codes Enforcement °__[d due t the
signation of Nc tiarford Elelms. n by Commis aulkne[, sewnded by I~epMayor
Goldberg Nat the resignation of Mc. t1&rford Helms franrNe Coles Enforcement Hx[d be
cepted. Nation ca led by a roll call vote. Motion by Crmmussioner Faulkner,
econa a y, cwmaissio~ar Myara Nat n~rusean eanikner Ta alpoint~l to Ne codes Enforcement
mara. carenissiooer eaalkner solo M[. Dart eanikner was no ralacion. rot>on raaiaa ty a
nnani~ne rou call voce.
Mr. Manning fated Nat there xes "at large" aplointment o the Codes
EnEoc~arent Hoard to replace M cnauea %n„neay. Mamirwtions were raEnase~ for the at
large appointment and the following n submitted. Commissioner Faulkner - Janet
Conmdssionex Mye[ -Charles Heffner~CelkpNayo[ Wldberg - Charles Heffner, MaYOr
cilso -Charles Neffner and c aul Carroll. Motion by I4ftAayor
Coldbecgn seco~ea by Conmussiowne sMyersrNat Mr Charles xleffner be appointed to the
Codes £nEOrcanent Poard replacement for Charles %ennedy. tied by
toll call vote. az'lrie Crnmission eequested that certifiwtesrof appreciation be
preparedsEor M[. kbffman, M[. Helms and Mr. %ennedy.
d. Marv~ing asked the Cmmdssion to determine the salary and effective date fo[
[rte position of City ArMfnistratox. on EY [kpMayor Goldberg, seconded by CortnSSSioner
Myers Nat NS Maeu~ing lm paid an~arvnal salary of 536,000 effective June 2H, 1905.
Motion ca[ried by a unanr~rous roll call vote.
Conmussioner Wrnann questioned how lorg Mr. Maeuiirg mould se as City Pdministrato[.
Harming suggested that a decision on Ne need f a permanent City Administrator be 1
eevaluated in 0.'iobe[ and he said M1e did no wish to relinquish his lnsition as Gief of
Police. asked for an nt Nat rte be permitted t s full time position.
suggested ~ en agremient be prelared. o on by DelMayor Cnldberg,
onded by Commdssioner Faulkner Nat the City Attorney be rauthorized o prepare a
wrrtten agreanent concerning the appointment of Chief Marring as City Administrator and
containing provisions for F.is res ing the position of Chief of Police. Motion carried by
Manning requested the Commission to authorize puronase of a retarial desk,
chair, a lateral filing cabinet and a calculator for u e sby the
ectocutive~~ror Goldberg azked if the Coverrvren[ Contract Pricing Catalogue had been
checked and Mr. Waeks said three local prices had been Wtained and said the prices of the
r guested asorable. Motion by Commissioner aulknee, raed by
rmaanetnat i ema rgnestea by the euance -,receo to aaennritea. Motion
ca~tarMea unan.,noas rou cau wee.
f. Maru~ing suggested that the next quarterly trash pickup ne held on August 2
and 3. Mayor Snerilson questioned whether pickup on Saturday and Sunday might Ce ao
effective and M[. John Newbuen of the Public Works Oelartment said most pickups we a made
n Saturday and Suday. n by DepMayo[ Golaberq, econded by Commissioner aulkner
that ash pickup be helatoo August 3 and 4. Mayor Smrilson suggested that property
~smers receiving water servcrnnfrom Sanlando Otil hies be notified of the pickup.
17. City Attorney's Report
Norman said he had reviewed the files on Florida Fkurzcrafter's (Dynamic
Control) regardirg sewage. He said the site plan and all m respondence referred
system for the project. Korman said there we a letters in the file acceptirg
x10,000 in exchange foc 10,000 gallons of sewer wpa<ity.r Mr. Norman said there was a
rejection for sewer permit dated February 2I, 1984 from -ER ar~d advising that a permit
vst be obtained before any connections to the systen sere made. Mc. Manning said he Fad
ssited DER and had been advised that Dynamic Control had n er been ~rmitted for
Crnmdssioner Myec said he understood that a permit w rquired forte
ecal line. Mr. Korman said the Eile did not indicate if theRpe[mit~quest d was foc a
late[al line a lift s Marv~ing asked if M< ~vsidered the City
legally boo 1 iorprovide u roeapaci[y to ]Dyamic Control and Mr. Borman said additional
area mould be reryired. We Mr. N said certain questions such as, did --R issue a
Fermit and if why i refused. aid the goes why
tificaie of OccvpancY xas csued wi[houtua wer permit when thetrsiteanplan shored
wage. Mayo[ Srtarilson suggested the possibility of a special committee with one City
to in estigate acid otlrers to maker omnendations to [he City Coimiission and
n~uggested 1YpNayor Goldberg For the Committee. Commissione[ Myers questioned what
Dula be acne if ie was aetermined that ene as ill gal. co,~mrissioner Myers saia tre
could not rermber arty rquest ~nirg beforeethescommission regarding se [permits Eo[
[yrwnic control.
b. Mr. Norman said he had reviewed the files for the Park Square development and he
aid the site plan showed 6 septic tanlrs. M[. Korman said there was a letter in the files
dated Jnly 27, 1983 acknowledging receipt fo[ $10,000 fo[ 6,000 gallons of sewage. M[.
Forman said theee was a sewed letter dated August 2, 1983 acknowledging receipt of $5,000
r 4,000 yalloris of sewage capacity. Kocne~n said both letters stated that it [he
'skylark Sewer Plant i not expanded Lor50o,00o gallons, the contributions mould be
coed. M[. Norman said the minutes o£ the City Commission rte ring tamed the
following s "Commissioner Pappas askea about s wage and Mc SinQSOnwsaid the si<e
.ould haveta6 senptic t sand that [he City would provide 10,000 yallor~s of wage
oapacity daily". Mr. said othirq else ura n the File indicating septic
wage. Singsonsaid [htfile did no contain ail the w respordena on the
=object. Mr. Sisson said there we[e no n the line Park Square aM
aid the possibility a se for s wage capacity as esult of the sewageo line rristalled
r Lor the Inspital andron sing ehome. SinQSOn aid the application
esubmitted. Sinpson said Ne Ci[y had i sued a [ifiwte o£ ocapancy forn the
velopment and ne said M< Schnea~uu~ did not < wrsystem. JoM F,'eWUrn of
{he lonqupod FUblic Works -aparbnent said therecxe ailable o the
line for every house on Bay Street and he said that MreWe aul Wilson installed [he ns
lines, not [he City. Mr. Manning suggested the Conmussion iru<ruct Mr. Korman [o discuss
cne ia.,ne wien M[. chacey
kornun aiacwaea ornposea ordinance w. 5ss, exablianing polief on pckage
ewage t eatnent plants i Lorry-,.'ocd. Normw aid Dyex, kiddie, Mills and Frecourt,
Inc. had prepared policy guidelin Mrwhi<n the sCamnissicn had previously appeoved.
Ordinance 695 provides then dry administration p[ocedures for in¢•lementin9 the
plicy. I(ornan read tM [itleconly. There was o discussion pro n try
Commissioner Faulkner, meded by Corturassioner Myersnthat Ordinan or 695 beatccePt d
Asading arN that a public hearing be scheduled Eor Aagust 12, 1985. Motion
carriedsby a wanimoua roll call vote.
The Commdssion held a brief recess fr
18. Mayoc and Camiissioner's Reports:
Cq~m~issione[ Faulkner questioned iF it mould to a p[oblem to py city employees on a
weekly basis rather than bi-weekly. Mr. Manning suggested waiting wtil October to
consider the suggestion.
Conmussioner Faulkner questioned whether a building permit had been issued fo[ a hone
on Eagle Trail and said the Muse was being built on 25 % 60 foundation and he azked iE it
t the spce requiraaents for R1A z rung. Commissioner Faulkne[ said the Ypuse was being
built by M William S[. JoM and waz in a lw, flood prone a Cgmnissione[ Faulkne[
asked if CENTIX Ho~res had been given prnussion to cdrerence mrvstrvction and said drainage
pipes were being installed on their proprty.
oepNayor Wldberg questioned whether the City Clerk ar~d City Attorney Iii acceptal
their appointments and they replied that they had accepted the appintrrents. rapMayor
colaberg stated that IW8 garbage trucks more exceeding the steed limit in the City.
Myor 9re[flson stated that he had received crn~plaints that the parks were not beirry
trimmed and edged and he asked if the lucks crew had blowrs to remove glass flan
sidewalks. Mr. Goebel said they had blowers.
Ctmmmissione[ Mye[s stated that [he Fite L partment's grass requira9 cutting. Mr.
Virg said M woala i„sn[a rt wad ent.
The commdssion requeeted that a plaque be prep red citing O££icer wiliiam Conuz fo[
his a [ores rn saving the life of a Seminole County Deputy Sheriff on 2vesday, July 2,
1985. ~
Mayor ~erilson asked if Heite[ Paik was cmP'lete aeA Mr. Cachet said all wo[k
[equirements had been mmpletea and said tnat a erorry was plaru~ed £or Saturday, July
20, 1985 at 10:00 a.m. Mr. Gabel said he wes atten¢ting to arrarge fo[ entertai[ment by
the Shrine Gloms.
G issioner asked about the mndi[ion of the 4 bencnes a Pazk w3
WaSel said theyrwuld be disposed of s ce the ooa w M[. Goebel said his
would the hill c g the septicnd[a n Eield oaz Tuesday. Mc. Goebel sail
parking uvula be availanle'offrwazren Avenue for the prk. n
Commissioner asked that M Waller Judge be m acted about the fenrn for
the property off 5 The Ct[y Clerk was requested to call Mr Judge.
Commussioner Iormaw inquited[iftwa ning signs naa been installed warning that Shadow
Trail and Iamont Avenue were closed.r Mr. Hassler said he weld insure that signs wr_
Prepred.
Comnissioriec Lornann aid [he telephone coml»ny had damaged Fangeline Road by placing
lines wdecneath. Mc. sManning said he had discussed the peoblem with Mc. Hassler and Mc.
Hasslee had suggested ah ocdinance cequi eirg permits and cha[ging fees. Me. Maruiinq said
the City should [ dui ce that lines be Cote and jacked wdei toads to p[event damage:
19. TTe Co~mussion adjourned at 10:12 p. m.
Mayo[, k of Lof r~gnoad, Floritla
iO SPv~/ _
City Cle k /~