CCMtg12-14-81Longwood City Lanni ssi an
Oe cen~ber 14, 1981
The Lonywood Ci [y Lmni ssi on held a Regular Meeting at J:30 P.11.
Present: I-0ayor Hepp
Commissioner Lormann
Lanni ssi poem O'Leary
Commissioner Us kert
Davia cnarey, city Aami ni stremr
Marvin Rooks, City Attorney
Donald terry, City Clerk
Rbsen is Cpmmis si ~~er Grant
1. Mayor Nepp called [he meeting to prder. Invpcati pn followed by pi edge of Allegiance
to the United States flag. Mayor Nepp stated [oat Lommi ssi pner Grant was unable to
auend ape m ;nness.
2. Approval of lli notes, i1-23-81 Reqular Meeting. MDtion by Lomni ssioner Lormann,
conded by Commissioner O'Leary that minutes of i1-23-81 Regular Meeting be approved
as submitted. Mo[i on carried by unantmoos roll call vote.
3. Public Heart ny, Ordinance No. 541. Mr. Cnacey read Ordinance No. 541 in its entirety.
Mr. Robert Oavez asked if the zoning ortli nonce could be amended in the future to permit
convent ence stores and Mr. Ch acey safd yes, there were no further comments.
4. Ploti on by Comm ssi ~~er Us ke rt, seconded by Lmmi ssi ~~er O'Leary to close Public
Hearing. Motion ca rrf ed by unanimous roll ca71 vote.
5. Motion by Commissioner Lormann, seconded by Comni ssi ~~er O'Leary that Ordinance No.
541 be adopted, l1oti pn tarried by unantmoos roll call vote.
fi. Public Nearing, Ortli nonce No. 542. Mr. Cnacey read Ordinance No. 592 by title only.
Mr. Robert paves objected to the ordinance sta ti nq that the City presently had the
authority to prohibit planting or building in public right-of-way; that yf vi ng written
approval t ne to plant trees Dr busnes could make the Li ty Liable for damages i
the event ofs aeacci dent. Mr. Basil Craddock Spoke against the ordinance saying trees
re beautiful. Mayor Hepp said the ordinance was required to in re toot trees and
shrubbery weren't pia ntetl that could damage tlra image lines, etc. sMr. Orvf lle Schlecter
asked about the status of trees already planted and 11r. Lhacey said they would not be
required iG be taken down a cept where they we a damayi ng underground lines. Mr.
Bill Carnes asked about thexeffeci on fences on xi sti ng ri gn t-of-ways and Mr. Lhacey
aid i ouid n require the changi n9 of his fence in 4li ns or Manor. there was no
furtner tli scussi Dn.
I. Motion by Commissioner Uskert seconded by Commissioner O'Leary that Public Ilea ring
be closed. Motion carried by unantmoos roll call vote.
8. Lormi ss toner Lormann asked if a work se required to consider the liability
pf the City and Commis si pn er O'Leary said [net COmni ssi on would have to i toot they
weren't liable for their actions but that he saw nothing wrong wi to the ordinance.
9. Motion by Commissioner O'Leary, s onded by Lomnii ssi ~~er Us kert toot Ordinance No.
542 be adopted. Mott Dn carried by a unantmoos roll call vote.
10. Petit ipn pf Vlal ter Judge and Jack Zi meet to a a portion of Lpt J, iri angl etlale
Subdivision, PB 6, PG 21. Mr. Lhacey described 1 cation of property. r. Vlal ter Judge
said toot ne bei;evetl me aevempment pf the lpt would be an assee to me Lfty and rnat
the rear of Lot J would also be annexed if the LDUn ty approved reio ing requests.
11. 1loti on by Lormi er O'Leary, seconded by Lommi signer Lormann to accept Deti ti on
for an exa ti on. Mot ionow ried by un roll calf vote. Nr. Rooks said Fe hatl
prepared Ord'i nonce ND. 543 to annex the property and read tFe nrdi nonce by title.
12. Motion by Lommissi oner Uskert, seconded by Commissioner Lonnann that Ordinance
No. 543 be acceptetl on first Rea diny antl that a public hearing be set for January 25,
1902. 14oli on carried by a unanimous roll ca }1 vote.
13. Resolution No. 465. Ptr. Lhacey said that the resolution woultl approve the efforts
of the Florida League of Cities to se re property tax relief by an alternate sD e of
ue for local governments th rough ca 1¢ sales tax in ase Hr. Lhacey said that
theeHermi tage Research Institute of Tampa Fad compl etetlca poll which indicated that ]fi
percent of those patted were in favor of a 1 cent in sales tax if most of the
revenue raised was returnetl to local government to hel pal ower property taxes.
14. Mr. Basic Craddock spoke in opposition to the resolution. Mayor Hepp said that
the Li ti es must have in one [o provide regvi red se antl that this proposal would
generate a e of in with a large portion corm ng sfrom tourists. Mr. Robert
Oaves spokesagai nst theCesol uti on saying that it was a regressive tax. Mr. Mi lliam
Mitchell saitl he thought tourists should be required to pay a larger portion of [a es.
Lomnf ssioner Lormann said the League of Cities would lobby hard for the proposed x
e but she wasn't su e if the legislature would accept the plan. Comni ssi oner
Lonnann said the Cities we en't sure how the funds would be distributed. Cpmmi ssi oner
Uskert spoke in favor of the in ase saying that it would provi tle relief to the Li ties
when the taxes were rolled ba ck ere
75. Motion by Conmi ssi oner Uskert, seconded by Lomnissi oner O'Leary that Resolution No.
465 be passed. Motion passed by a vote of 3 to 1 with Commissioner O'Leary, Commissioner
Uskert and Mayor Hepp voting Rye and Comm ssi oner Lottnann voti nq Nay,
16. Resolution No. 466 - affirming r svl is of General Election held on December 1,
1981. Mr. Rooks read the resolution en its entirety. 1lotf on by Commissioner Uskert,
conded by Cortmi ssi oner O'Leary that Resolution No. 466 be adopted. Motion carried
by unanl moos roll call vote.
1]. Site Plan, Baywood Cmimerce Center, Baywood Industrial Park. IAr. Lhacey presented
the site plan antl said it was properly zoned, not flood prone, the City En9i neer had
approvetl plan antl se uri ty lighting was provi tled. Loaani ssi oner Uskert questioned khe
oments about deleting a retention ar antl asked if retention was adequate, t1r.
D. D. Simpson w s present representi ngeMr. John Schneeman, Owner, and said that the
City Engineer had approvetl the deletion of the retention ar not
sary, Mr. Simpson said the site plan actually provi dedaalmost twi ces the water
retention that was required.
18. Motion by Lomnis sinner Lorma nn, seconded by Camni ss toner Uskert that site plan for
Baywood Commerce tenter be approved. Motion carrietl by unanimous roll call vote.
19. Lot r O'Leary questioned when improvements to water flaw for fire protection
n that a ould be completed and Mr. Chacey said he thought the line woultl be
rnstal letlrwithin the next three weeks.
20. Mr. Mi chael'0'Rmb ra, General Manager of Orange/Semi note Cab Levi si on spoke to
the Commission and introduced members of his stuff - Mr. John Gash, Mr. Ronald Dury
and Ms. Jeanette Lee who will be them na ger of the Longwood Office. t1r . O'Ambra
aid they w i[ted to providi n9 a cellent s e to Longwood, t1r. D'fvnbra
s questioned about ins tal li n9 s n Ti beronrCOVe, Longwootl NDrth, Skylark,
Talmo Subdivision, antl he said heewould check [heir plans and get back Lo the City.
. O'Rmbra said that service woultl be provided in near future to (tr. Neney of
Skylark.
21. The C.omni ssi on adj ou rnetl at 6:45 P. M. and reconvened at 8:50 P.H
22. Mr. Marvin Rooks made a report on the ow ership of property resat ti n9 From receding
water line on Lake Wayma n. Mr. Rooks said itnwas a ow question and there were two
situations; o e when you have a road that is ab andonetlrwi th lots on both si des - and
ach side would go to the center line OF the road and another ca where
oad ~ s parallel to a body of water and M1e said [hat the flori tla Supreme Court
has het duo rat o s that the o of usable lots would r the r ing
property to theewa to r~s edge under the doctrine of accretion. Mr. Rooksesaid thmsaw
only a principal of law and he had not attempted to do any research Co Bete mine owner-
ship of property.
23. Mr. Larry Hoffman asked [he Coimni ssi on to c on9 that w s done previ ovs ly
and said that it w clearly the intent of the Louncil anw1951 to v cote only o side
of the Lake. Mr. Aooks said there w sufficient evidence for the Li ty to attempt
to o erthrow what appeared to be a legally e acted ordinance that title companies
had relied upon for 30 years. Mrs. Ryan also spoke in favor of the Ci [y correcting a
ronq done in 1951. Mayor Hepp said that the Commission had attempted to co rect the
problems that Mrs. Ryan and Mr. Hoffman had brought up sayi nq that Lake Hayman would
be cleaned and Georgia Avenue would be repaired and put in good condition. 1layor Hepp
aid it as beyond the legal authority of the Commission [o attempt to decide the
ership of the property and whether Ordinance No. 113 vacated one side or both sides
ofnLa ke Wayman. Mayor Hepp said the proper c of action for Hr. Hoffman and Mrs.
Ryan was a ourt of law and he asked Mr. Rooks utoeread Resolution No. 464 in its
entirety setting forth the position of the Cvrmnissi On. Mr. Rooks read Resol vti on flo.
464 cwnp lete ly which states that the Lwnmi ssi on acted within the range and scope of
their authority in directing cleanup of Lake 4layman and repairs and maintenance of
Georgia Avenue: that the Commission does not have the authority or legal justification
to attempt to set aside Ordinance No. 113 whi cM1 appears to be a legally e acted
ordinance; and that the City Commission should not attempt to resolve a dispute
ninq the private nigh is of individual citizens; and that any further discussion
ni ng the legality of Ordinance No. 113 and whether it vacates Lhe east or
sides rof Lake Wayman is matter for judicial r w beyond the capability of theest
Commission. Mr. Rooks said the only way for ChevCOmmi ssi on to end the discussion of
Lake Wayman was to pass Resolution No. 464.
29. Motion by Cmmni ssi oner O'Leary, s onded by Commissioner Us kert that Resolution
No. 464 be adopted. Motion carried byes unanl moos roll call vote. ,
25. Mayer Hepp said that s ce the City had deemed the cleanup of Lake laayman
sa ry, the City was responsible. Mr. Rooks said the City could cleanup private
property for a valid municipal purpose and Mr. Lhacey said when he authorized the
work M1e had not considered whether it was public or private property but that his
only purpose w s to e the lake. Mr. Hoffman and Mrs. Ryan objected to Mr. Cnacey's
decision to dos work onvpri va to property s e there w ordinance prohibiting
this practice. Coimni ssi oner ds kert and Mayor Hepp sa ids they were satisfied that the
lake had been cleaned fora valid purpose.
26. City Abni ni st rotor's Report:
Mr. Chacey said the Commis si vn M1ad previously authorized expenditure of $fi00.0O
for a drag line ~o clean up I.a ke Wayman and that the lowest bid he could get was $)50.00.
n by Lanni ssi oner l.orma n n, 5 onded by Commissioner O'Leary t approve
expendf tines of 4)50.00 for r ing a clragline to clean Lake )layman. Notion carried
by a unanimous roll call voteent
Mr. Chacey said he w asking Mr, Nobbs, the ow of p erty vn Fairy Lake to
si der donating the lands to the City For u a Lity Park i xcha nqe for a
portion of land awned by the Medi pl ex Lorp, stlrasGhacey proposed preps ri n9 a mini-
park opposite the Nursi nq Name with an asphalt circle and ramp for wheelchair patients.
the Lwnmi ssi on voiced no opposition Lo Mr. Chacey acqui ri n9 Lhe land For nursing home
park site.
11r. CM1acey briefed the Commission o the possibility of Mr. Lla lter Judge requesting ,
that the rear of Lot 6, recently a xedninto the City, be r z ned from R-3 to C-3
to be compatible with proposed rezo ing of atlj a cent parcels of land.
Mr. Chacey as ketl the Lonmissi on to join other Seminole County Cities i a study
to determine ar s of possible double taxation by Seminole County with a maximum fee
of 52,000 for the study.
Motion by Lommi ssi ~~er Lo nna nn, seconded by Cdnmi ssi ~~er O'Leary that City of
Longwood join other Seminole County Cities i study of double t xati on not to exceed
a cost of 32,000. Motion carried by a unani movz roll call vote. a
Mr. CM1acey su9gestetl that the Lanmis si on grant a fi15.00 Lhri stmas incentive to
all Li ty employees except Department Heads.
Motion by Conm is si ~~er Lormann, seconded by Cpnmissi ~~er O'Leary that all City
employees except Department Nea tls and above be granted a $15.00 Christmas incentive.
Mr. Chacey stated that a request had been re ved from Hospital Corporation of
America asking fora Londi ti onal Use for a hospital in Longwood between SR 434 and
West 4larren Avenue.
Mr. Chacey said engi nee ri nq plans for the ne well were 85 percent comps ete and
he asked the Commission to decide by the next meeting whether the ne well should
trout de for fluoridation o£ the water supply since the plans would have to be revs sed
o tncl ude fluoridation if that was their desire.
Mr. Chacey asked the Commission tp inspect Pelican Lake in Skylark. Ile said
the Lake was a City Lake and the cattails were taking the lake ov Mr. Chacey
said Che owner of the drag line would clean Pelican Lake for a fee r0{ $)50.00.
Mr. Chacey said that the first permit had been is ued for gray water instal-
lation on a hone on Mendez Drive in Columbus Harbor. He invited menbers of the
Lomni ssi on to v sit the site at 10:00 A. M. Tuesday morning to see the installation
of the tank. Mr. Beckner asked the cast of instaili n9 the system and Mr. Chacey said
between $350.00 and $450.00. Mr. Robert Oa ves asked what would be accomplished and
Mr. Chacey said water would be recycl etl to the aquifer and the demand on the
Li ty's sewer plants would be reduced.
2), City Attorney's Report
Mr, Rooks stated that the sign moratorium expired on December 11, 1981. Mr.
Chacey said he had met with Mr. Andy Anderson and Mr. Art Sinmons of Peterson's Out-
door Advertisi nq Corp and he reported that Peterson's wa ns iderin9 stop Pi nq the
sign opposite Wi nsor Manor and eliminating a other on 1J S92 i xchan9e for permits
to rebuild two existing billboards on 1]-92.n Me. Art Simmons was present and he
aid that Peterson's proposal would be c ingent upon the Conniff ssi on's a
expand the distance regvi red between si gnst Mr. Simmons also suggested that theto
moratorium be extended and a work session be scheduled.
Mo[i on by Camni ssi Doer Lorma nn, s onded by Lwnini ssi ~~er O'Leary Chat sign
um be extended until January il~ 1982 and that a work se on by held on
Mon tlayYrJa nua ry 4, 1982 at 3:00 P. M. Motion carried by unanimous roll call vote.
28. ilayor and Comnissi ~~er's Reports:
Loran r Us kert sugges Led that the Police Department i ti LUte a fall owup
report to s who make c~~p lai nts so they will be fnformetlnof the actions taken
Captain Pal umboes aid he woultl speak with ChieF Manni nq about the recommen tlati on.
Commissioner Us kert asked that the L1ty i that temporary signs be required
[o have the si 9n permit required by the z ingnordena nee. Mr. Lh acey said that ttr.
Bryant knows which signs have permits antl i enforcing the sign regulations and if
anyone has a question about a particular si qn to check with Mr. Bryant.
Motion by Corm'i ssi ~~er Lorinann, seconded by Commissioner O'lea ry that City pay
approved bills.
29. The Commission adjourned at 10:10 P. M.
y r, City f Lon9woo on da
ATTEST:
City C~~