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CCMtg05-17-82LonGmooG ctrv caniMlsvMN May 1], 1982 Present: tleyor Lormann Lomnissi ~~er Grant Commissioner O'Leary Comni ssioner Pappas Commissioner Uskert David o. Lha cey, fi ty Administrator Marvin Rooks, City Attorney Oonatd Terry, City L1 erk 1. Mayor Lormann called the meeting t order. Invocation followed by Pledge of Allegiance to the Oni led States Flag. o 2. Approval of M1li note s, 5/10/R2 Regular Meeting. Motion by Commissioner Uskert, conded by Commissioner Pappas that minutes of 5/10/82 be approved as submitted. Motion carried by unanimous voice vote. 3. Ordinance No. 550 - adapting and enacting a code of ordinances o£ the Li ty of Longwood which is compilation of existing ordinances. Mr. Rooks read by title only. Mr. Chacey briefedathe Lammi ssi on on the advance copies of the Cade and said all departments would be asked to re ew for accuracy. f1r. Chacey said there was so conflict between the Charter andvthe Lode in the admi of st ra ti ve section but thatme Muni cf pal Code Corporation had agreed to make the necessary corrections. 4. Motion by Comnissi ~~er Pap Pa s, s onded by Comm ssi ~~er Uskert that Ordinance No. 550 be passed on first reading and that a public heart nq be set for ,lone 16, 1982. Motion carried by una n~mous roil call vote. 5. Ordinance No. 551 - mending Ordinance No. 321 (Longwood Ff re Prevention Code) by adding Section 1.6 -Access to Buil tli ng by fire apparatus and Section 1.] - Fire vehicle ac route marking. Mr. Rooks. read by title only. Lommi ssi oner Uskert asked how itswas determi netl to set lanes. P1r. Chacey said it, was done in accordance with Florida Statute. 6. Motion by Comni ssi ~~er Uskert, s conded by Comni ssi oner Grant that Ordinance No. 551 be passed on first readi nq and that a public hearing be set for'dune 14, 1982. Motion carried by unapt moos roll call vote. J. Mr. Robert Da ves questioned the wording of Lhe title that provides for the repeal of certain ordinances not included in the Code. Mayor Lormann asked that the question be held until the public hearing, a. c; ty Adm; n; siremr~: Report: Mr. Chacey stated that Mr. and Mrs. Spicer had submitted a detailed sketch showing and number of tables to be used in Mini-flu rt. Mr. Robert oa ves asked where the Minot-Mart would be built and Mayor Lormann stated that it would be East of the Sea- board Coast Line Railroad between Bay and Pine Streets. Mr. Charles Kennedy said i ould c eate a par in9 problem. Commissioner O'Leary said he tlitl not know it the Li ty could control the number of tables to be used. Cwnmi ssi oner Pappas said the City ould not control the quality of the goods of the sellers. Lomni ssi oner Uskert ob,je cted to M i-Mari saying i ovld c ea to a traffic problem and there w o pro- p the~ZOni ng Ordin an cetfor a Mini-Kart. Comn~iss inner Grant said thatnpa rki ng was ,~aaequate. tloti on by Cammi ssi oner Uskert, seconded by Commissioner Pappas that the cortenis si on deny the request of 11r, and Flrs. Spicer for a tli ni Nart. Motion carried by a unanimous roll call vote. Mr. Chacey stated that he had written the Comm ssi on a letter requesting that they appoint a Grievance Committee t si der a possible Sri e £rpm a employee and said this w orda nce with thenci ty's Personnel Pol icynllan ua 1. The Lommi ssi on stated thaicthe personnel r ended w e good choices. Motion by Lanmi ssi ~~er Pappas, s onded by Lommissigner Grantrtq approve list of primary and alternate m~ibers to the Grievance Comni ttee. Motion carried by voice vote. 9. City Attorney's Report: Mr. Rqoks stated that he had been contacted by va us persons, including the media c ing a article in the Benti nal which repo rtetl that a Psychi atri< Hospi tai nwould be butt coin Longwood on the site the Li ty had given a Con tli ti anal Use Permit to Hospital Corpora tl on of America For a hospital. Mr. Rooks saiU in of the previous presentations by Hospital Corporation of America fora full s has pi tai, it as h'is Dpi n'i on that if a different type of hospi tai than previ ouslyce represented is planned, that it w ary for the applicant to c e back before the Commission for a Conditional UsenPeemi t. Commissioner Us Kett said he had also ved calls and that he had personally worked hard fora full s ce hospi Cal a ode that he also thought HCA would have to c e back for a Contli ti anal Use Permit far a Psychiatric Hospi to t. Cgnmi ssi goer Pappas asked if Mr. Rooks had r ved any information from Nos pi tal Corporation of America and Mr. Rqoks said no Lomni ssi oner Pappas asked for a copy of the previous m notes co ni ng hospital as to what was said. Comm ssi oner O'Leary said the Conditional Us ea Permit was granted based on verbal presentations and that he believed the Lomni ssi on had been mi sled and misin- formed. Mayor Lonnanq stated that the plan fore psychiatric hospital came as a surprise to her. Mr. Rooks said the Lity was bet n9 sued by Spanky's Auto Body Shop and that four Comm ssi ~~ers w re being sued also as intli vi dual s. Mr. Rooks said that Elgrida statutes penni tethe City to pay for the defense of City Officials when they are acting 'in the line of duty except where they go beyond the scope of their duty. Mr. Rooks said the City could do two things: authorize the Lity Attorney o pother attorney to defend the suit against the City and also authorize by motion forathe City's defense of the individual Commissioners. Motion by Commissioner O'tea ry conded by Cgamissioner Grant that City defend Law Suit invoi vi ng Span ky's Auto Body Shgp and that City Attorney be authorized tq defend individual Commissioners mad in ui t. Motion ca Tied by a roll call vote. Mr. Rooks asked each of the four Cgmmi amedgifntheyswi shed him to defend them and Comni ssi ~~ers O'Leary,sPappa ss Us kart, and Nayor Lonnann stated they did. Mr. Rooks stated that Ordinance No. 49], Codes Enforcement Board, required mendment to include amended and re sad ordinances ci ti ng, Ordi nonce No. 495 the LgmpreFensi ve Zoning Ordinance's replacement of the previous Zoning Ordinance No. 143 a ample. Mr. Rqoks said he did not feel there w any problem with citing som ne for violation of Ordinance No. 495 sc ita reel aced 143. Mr. Rick I1a 715h, Chairman of the Cgdes Enforcement Board was present and agreed wi tM1 Mr. Rooks and suggested that Ordinance No. 49] be amended prior tq the c vol vi ng Spanky's Autq Body if possible. Mr. I-tall sh also su9ges tad that the Cawrvnissi qn hav a present at meeti n95 to present the City's c and said he did not bel ie vemthe Boa rtl Secretary should act as Secretary and also present evidence for the City. Mall sh said it could be Mr. Rooks or else. Comni ssi oner O'Leary sat drthe-Building Official in Cassel berry pre sen tsethe c and he mnended that the procedures of the board be re sad to eliminate one step to speed up the process. Mr. Rooks said the Board m [follow the procedures established by [he State. Conmissi oner Us ke rt said he thouglka work s should be held and M r Lq nnann a eed and asked that all cgtle Enfgrcement Board members attend. Mr. Chacey suggested that the work s also include a di scuss'i on a to whether the City should re ontract withsl sl nfor a istan ce i obtaining s grants, the Conimi ssi on agreedeand s ark s n Fors di sc us si on of Lode Enforcement Board Droced ores and [Sl atop tract forsThu rsday, May 2], 1982 at ]: 30 p. m. 10. Mayor and Commissioners' Reports: Commissioner Grant stated that Wayman Street required reseeding because all the grass had died and Mr. Chacey said he would look into it bvt that it wouldn't do uch good t eetl without r M1lr. Gran[ also asked if the Hawaiian Seafood Restaurant had sufficient number of parking spaces. Mr. Chacey said M1e would look Lom r Us kert s ted that he had r ved a call c ing the M1igh underg rowtFSo of lla rren Avenue and Grant Street which w robscuring v Commissioner Uskertea iso requested that the bike path on Rangeli ne Road be trinmed. comni ssi ~~er Us kert seated that Snanky's wre<ke rs we still being parked at Valencia Court and Second Place and asked if there w methi ng that could be done to prevent this before the Codes Enforcement Board met. Mr. Rooks said the Li ty could obtain a ma ntlatory injunction by go'in9 to a judge but this took time and expensive. comni ssioner Pa pVas asked how tong it would take to obtain an injunction and Mr. Rooks said 4/b days. 11oti on by Commissioner Uske rt that City obtain a temporary and permanent injunction ni ng Span ky's Auto Botly Lo. from parking his automobile wreckers ai Valencia Court and 2nd Place. Mr. Jim Ross protested and said the City's Police Department should take ca of the Spanky's Auto problem. Mr. Robert Daves spoke against obtaining an injunction and said other citizens would want same procedure. Commissioner O'Leary said Spanky's e should be treated the sa any other even though it appears to be moving slow through the Codes Enforceme ntmBOard. Mr. John HepD said he agreed that Spanky's ca e should be treated the sa any other and Mr. He pp stated that he Fad tried without su ss For three years to get relief from interference from a CB radio operator in Skylark. Mayor Lonnann said that the motion by Conmi ssi ~~er Uske rt died for lack of a second. Comm r Pappas asked Hr. Chacey if Todd Pemperton had taken action required by Mr. Chacey'sei etter giving 10 day period to c ect deficiencies of Site Plan approval. M11r, chacey said that Mr. Pemberton hadrtlug out CFe holding pond but had not yet ins talletl a pipe under the road to the retention a and that the retention ea had not been sodded. Lonmissioner Pappas asked that Mra Chacey follow up on this item and insure that action was oinpl eted. 11. The meeting was adjourned at 0:40 p.m. y o Longwood ATTEST. C [TY C E~RK ~~