CCMtg11-16-81Longwood Ci [y C on
November 16,0196151
the Longwood Ci [y Commission held a Re9ul ar Meeting at ]:30 P. M.
Present: Mayor Hepp
Lommi ssi ~~er Grant
Lolmni ssi oner Lormann
Lonmissi oner O'Leary
Lommi ssi oner Us kert
Dav;d o. Chacey, c; ty Admm;nrazor
Marvin Rooks. City Attorney
Donald Terry, Li ty Clerk
1. Fiayor Hepp called the meeting to order. Invocation followed by Pledge of Al le9i ante
2. Approval Df Minutes, 11-9-81 Regular Meeting and 11-13-81 Workshop Meeting. Motion
by Commissioner Lormann, seconded by Comni ssi oner Us kert that minutes of 11-9-61 and
11-13-B1 be approved as subnli tted. Motion carried by un am moos roll call vote.
3. Ordinance Na. 541 - entli ng Ordinance No. 495 by ~dele ti ng provision far co ence
store in Historical Di strli ct. Mr. Rooks read by title only. Conmi ssi oner Uskerten
asked about status of existing store and Mr. Rooks said it would not affect that store
that it could continue to operate as a store but could not change the us
another. Commissioner Grant said hecwas eopposed to deleting co e stores
from historical tli stri ct. Commissioner Us kert said he thought Ni stn ri cal cDis tri ct
should he one block off CR 42]. Mr. Chacey read permitted us n Historical Df s[ri ct
and outlined boundaries on map. Conmis sinner O'Leary said heodid not see a problem
with the anlen~nent.
4. Motion by Commissioner Lormann, seconded by Conmissi oner O'Leary that Ordinance
No. 541 be adopted on first reading and public hearing be set for December 14, 1981.
Motion ca Tied by a vote of 4 to 1 with Lonmi ssi one rs Lormann, O'Leary, Uskert and
Mayor Hepp voting Yes and Conmi ssi oner Grant voting No.
5. Itr. Larry Hoffman addressed the Lomnri scion c inq Lake Wayman. He asked about
the cleanup schedule for the lake, the details on cthe Improvements of Georgia
Avenue and the opinion of the attorney on the pw ership of the vacated portions of
roadway. Mr. Chacey said that he had cleaned upntwo sides of the lake and the city
e attempting to stabilize the road but more work was required. Mr. Hoffman
asked that the entire lake be made to look like the work done on Beckner's property.
Mr, Chacey said he expected lake cleanup Lo take another two weeks. Mr. Hoffman
said that the survey had been done but ii appeared the street was put back in
location. Mr. Chacey said he would get road in good condition, seed the ban kssand
add more clay to the soil.
6. Mr. Larry Hoffman said he had peti [i ons from over 200 people asking that the City
rest Ordinance No. 113 to read as it was on 9i nal ly intended to read. Ne read
from minutes of June ], 1951 where a letter w ead from Larry Jones and Jae
Gerard asking that Council close street between Seminole and 6eor9ia on West side of
Lake Wayman. Ordinance No. 113 w s passed on August 14, 1951 and did not indicate
that only o side-was to be closed. Mr. Hoffman then read m of March 10, 19]5
which ins trotted Mr. Fisher to measure the lots and stake puYr theecenter line of Che
street and report Co c cil a ext meeting, m notes of Ifa rch 24, 19]5 m ing where
Nr, sch re finer sta [etl that he would be in favor of blocking the street butewas opposed
abandoning i t1otion by Mrs. Lormann, s ondetl by Mr. Connell to barricade the
street to traffic but not [ abandon La kevi ewe0ri ve from Georgia Avenue to Seminole
Avenue. Hoffman re mmended that City correct Ordinance No. 113 to read as it
was intended to be pas se tl.
]. Mr. 0.ooks said that Fe could not qi ve a opinion of the o rship of the land
ound Lake Wayman because it would be inappropriate for him [Dodo so. He said that
there were two kinds of ri 9hts involved - public and private. Mr. Rooks said he M1ad
wed the original plat of Wovember I, 1925, the m notes read by 11r. Hoffman and
hatlr studied Ordi nanre No. 113. He said if, was his opinion that the road had been
ca tad on both the West and Easi sides s ce the ordinance made no distinction. Mr.
Rooks said Fe believed the Li ty had relinquished all public i est in the Lake but
there mi9Fi be private interests. Plr. Rooks said it w s his opinion that the entire
portion to the edge of the lake Fad been vacated. Mr.a ROOks said the City had no
choice but to 9o with the wording contai netl in the ordinance, Mr, hloffinan asked
about the 19]S meetings and Mr. Rooks said he was unable to understand the comments
made in 19]5. Mr. Hoffman asked about use of the road and Mr. Rooks said he did
not believe that the a material to the i Mr. Rooks said he thought
intent w important but that the word nq of theu0rdi nonce governs and said that
title mmpa nies have the right to rely upon an ordinance. Mr. Rooks said the
ordinance wa very clear and he iFou9Ft it would be difficult to change ev n if all
the Louncf lnren who w e pre ant s e to the fact that the ortli nonce w
Mr. Hoffman objectede to Mr. sROOkswopi nion and Mayor llepD stated that Mrs Rooks rFad
given a opinion a ortli ng to Fis belief. Mr. Rooks said iF the City attempted t
change the ordinance, there would be s legal problems. Commissioner Uske rt o
aid he agreed and said it was the ordinance that was important. Mr. Jim Ross said
he believed the Property Appraisers Office of Seminole County Lovrt House had so
fnfonnaTion and suggested that Mr. Rooks contact them. Comni ssi ~~er O'Leary sat de
the writing of the ordinance speaks for itself and he agreed with Plr. Rooks.
Lwnmi ssi ~~er Grant said it w s the i ant of the Conmi scion to v Cate Che West Side
and said the wortli ng w s bada Mrs. Ryan as ketl if the group would have to a cept
pother apology from the Comni ssi on and Mayor Hepp said he did not know what or why
it happened but that it happened before the present tortoni ssr on took office.
8. Mr. Hoffman said the group objected to Mr. Beckner roping off the property and
stopping people from fis h'i ng. Mr. Roffman asked the City to remove cables and signs.
9. Mr. Bove Cartwright as ketl if the Comni ssi on agrees that both sides were vacated,
who authorized the cleanup of east side and would ow er be as ssed and who authorized
Lhe re oval of ducks. Mayor Hepp said that Mr. Chacey Fad authorized the cleanup,
that there would not be an ment. Mr. Lhacey said Fe authorized the cleanup
because the duck feces werea ki ll ing the lake. Mr. Beckner said he Fad re oved the
ducks because there were 42 and the lake could only support 4. He, said Fe Fad moved
to his have last September and he had talked with 2 biologists at Seaworld and
personnel from The Fish and Game Lanmi ssi on. The Fish and Game Comni ssi on Fad informed
him that they would not restock the lake until the ducks we oved. Mr. Beckner
aid Mr. Chacey had informed him Chat Fe would clean the entire lake. He said he
let kids i to fish but he wouldn't permit bikes, motorcycles or cars on his
property, n
10. Mr. Stanberg said 40 ducks couldn't produce 40 tons of black muck.
11. Conmi ssi ~~er Usker[ said the petitioners were going to have to seek other
s of relief. Nr. Hoffman asked that Mr. Rooks speak with all ow
1951 ua nd Hr. Rooks said he did not believe that would provide a so luti onr? tha to the
City couldn't 9o back 30 years and reclaim land. Plr. Rooks said he stressed the
fact tF at the people mi qht have private rights of access and the City Fatl on ty
extinguished public rights and said if road w sad by public for a period of time
they may have Dri vote ri 9h ts. Mr. Hoffman ask edui ordinance could be passed
nigFt and t1r. Rooks said he Fad cFecked i that and Che re ~re o laws
oequi ing public Feari n95, public notice, etc, int1951 and that a implen resol uti on
wool drha ve been sufficient to vacate the street.
J12. t-tr. Hoffman asked about taxes and 11r. Rooks said he did not think non payment
of taxes wa important as the ordinance itself and did not know what tax si tvatipn
and wuldanot base a opinion on the tax data. Mr. Rooks told Mr. Hoffman iF
there was a public road in xi stence in 19]5, then he was talking about a prescriptive
ent of land. Mr. Rooks said he would have t estigate i if Mr. [se ckner
hadecab les on property other than his. Mrs. findy Oeckner said sheew of
property, Lhat they had a contract w'i th Mr. Scott and they had his penni isioneto
e land until they exercised option to purchase. Mayor Hepp said the matter was
as p ri vote matter between parties and they must settle it among themselves. Mayor
Hepp said the Caroni ssi on would fix road and clean Lake but that City could not get
vo lved in legal disputes. Mrs. Ryan questioned when City was going to levy assess-
ment for cleanup of private property and asked Fora copy of bill.
13. Mr. Perry Faulkner asked why Mr. Rooks w sn't complying with agenda and giving
an opinion on the aunership of the land and Mr. Rooks said he was unable to do so.
14. Mrs. Ruth Grant said that many streets we not opened because the streets we
used. She said the intent was absolutely clear and that it, was strange to herre
that Mr. Scott came to the Commission in 19]5 and asked if Mrs. Lorn~ann had
forgotten she made motion not to close street. Cmmni ssioner Lormann said she had
not forgotten; that Mr. Scott did not know that the street w Gated and said she
did not know about ordinance at the time. Commissioner Lonnannvsaid she agreed
with Mr. Gran[ that streets should not normal ly be vacated.
15. Mr. Hoffman asked what the citizens of Longwood would have to do to force the
Lortmi ssi on to amend Ordinance No. 113. Comni ssi oner Uskert said the only re
s to go to an attorney. Mrs. Ryan said si ce the Lomni ssi on did not care aboute
the public they would work for others who did.
16. Mr. Lhacey reported that the Grade All was broken and would require more than
two weeks to repair. He suggested that the Lommi ssi on authorize the expenditure of
$fio0.00 to rent a draglf ne, Comm ssi oner Grant said it was not ne sary to complete
the work within two weeks and said that a drag line would do a better job. TM1e
Commission authorized Mr. Chacey to rent a drag tine for $600.00.
IJ. City Administrator's Report
Mr. Chacey said he had been holtli ng up o sped a7 police i rage
because [he Insurance companies did not provide c rage For threeritems inetheir
regular coverage: Assault and battery by Vol ice officer on felon, s viny er s
papers and ov zealous police action duri n9 a riot. Mr. Chacey sat dethat he waseou
atteinpli ng too co only the first item. Nr. Rooks asked if the co erage would
r the situation n w happening in Altamonte Springs where the Li ty was being
sued and Mr. Chacey said not at present.
Mr. Chacey asked the tortoni ssi on to designate November 2], 1981 and December 28,
1981 as the two floating holidays authorized by Personnel Pot i Lies Manual. Nr.
Lhacey asked the Commission [o c Gel the regular commission mee ti nq on December 28,
1981. The Lommi ssi on approved the recomnenda ti ons of Mr. Chacey.
Mr, cha cey-s aid that the Chil drens' Christmas Party would be held on Saturday,
December 19, 1981 from 1:00 P. M. to 4:00 P.M.
Mr. CM1a<ey also asked permission to in stiga to further the possibility of
the City obtaining other retirement plan coverage than that offered by the State
Retirement Plan. Mr. Chacey said that only o e person out of twelve lived to
ment age and he said there might be cheaper plans. The Commission
au [hori zed him to continue his investi gatf on.
18. Li ty Attorney's Report: Mr. Rooks asked what foil owup was desired on the
lake Wayman situation and Mayor Hepp asked him [o check out the issue of whether
the cables of Mr. Deck ner ~~~ere on his Vroperty,
r 19. Mayor and co
Mayor Nepp said that the Li ty was being sued by Mr. Leona rtl Pel Liman because
of the sign on Sla tle Ori ve.
Mayor Hepp read a notice co ni n9 "Fleet the La ndf da Les Nf ght" to be held o
Thursday, November 19, 1981 betweenr8:00 and 10:00 p. m. in the Community Bui ldi nqn
There were no further reDOrts and the Commission adjourned at 9:30 p.m.
~ / 7
`_
CMaNpr,VCity pf longwo Florida
ATTEST: J
/~ X- ~.E.ti_-~
City C erk