CCMtg11-23-81tmigwod City Commission
Novaiber 23, 1981
Tne Irmgamd City Cwmussim held a Regula Meeeing ae ]:30 p.m.
Presort: Mayor Hopp
Cxndssioner Grmrt
Cannissio r Lormmm
Gmnissioner 0'L 'y
Gm~dssimer Vskert
David ¢~acey, City Adniniserator
Maxvin Rooks, City Attorney
Donald Terry, City Clerk
1. Mayor Hepp called the meeting to order. irnocation followed by Pledge of Allegiance
to the Uueed States Flag.
2. Approval of Minutes, 11/16/81 Regular Meeeing. Caimissioner Uskert asked that para-
graph } be corrected co cord one block o£f 434 instead of 42]. Nntia by Camdssioner
Uskert, s onded by Gmmissioner Innsvm tStac ndtnites o£ 13T6/81 be approved as arended.
Motion carried by a unmi~rous roll czll voce.
3. First Reading, Ordirimice No. 542 - prohibieing Che planting of erees, bushes, shrubbery
r the ereceion of any force or building on City right-of-way or public property. Mr.
Rooks read by title w.ly.
4. Mr. Sim Ross proeested the wording of the ordinance, seating Hut t3~ere was nothing,
wrong with plating Gees and bushes. Mayor Hepp stated Hut tfie ordinate was reouired
to keep Ample £rom planting erees and bushes trot would do damage to water line
Mc. Ross pointed out that the proposed ordinate would prohibie Che planting, of a Yree ,,
ae City Ha11 mid he asked wlw was meae by the earn "City" and Mr. Rooks sard the City
would rtes the City Gmmiss~on. Mh. ttaves also objected Yo ehe ordinance.
5. Mr. Rooks pointed out that there wire mro versions of the proposed ordinate, one
permiCCing exceptinns ad one that did no[ pexrtdY exceptions.
6. Motion by Cmmissiuner O'tzazy, seconded by Cmmissi.oner Grat to amend Section 1
of ordinate No. 542 by deleting last sentence pertaicdng Co Ciey Clerk ad Co mrend
con 1 ro rem ;.e approval by the City Cmmission. Motion tarried by unaim~us roll
call vole.
]. Camdssi.oner Uskert suggested Heat the Duec r of Public Works inspece the srte
mxt make xecamsadations to the Ciry Camdssim.
8. Motion by Cmmiss r O'Leary, s onded by limniss r Grat dot Ordinance No.
542 be accepeed m fuscereadirig as mrended with a Public~Hearing sec for Decerber 14,
1981. Mbcim tarried by a unanimous roll call vote.
9. City Adrdnistraeor's Report:
Mrc. o,atey repnrYed that ne naa mee with Mk, clack of Has in Tallanaasee as naa
delivered wer1,500 petitions of cicizea requesting a hospital £or Iongwnd. Mr. (i~acey
said Chao Mme. Clark advised that it m`mn practice for the losers of a request for
a Certificate of Need [o appeal Hce decision ad [hen the appeal woultl be heard by a
cm¢letely unbiased ecmrae ee.
Mr. Cnacey said he nod also meC with Mr. pavid White of the Deparbtent of Naeural
Resources concerning the Reieer Park Grac request. Mk. Waite was of die opinion tlat
Longwmd seuW a gmd Chace o£ receiving the gnat ad he asked Uve the Ciry amend
requese if ay changes had been made. Mr. Chacey said [ltat the Recreation Director
mould be asked [o make this m`smdrm[.
!4. Chacey said he had met with the Legislative delegation for the Florida Hare
Builders Association and they were very mehvsias c about the Gray (dater approach eo
and energy c Mr. Ctacey ,said that Mr. Panix Poole, Che adndnistrator
foreEmrirorerental Healthaasked Eor a formal request fran iungwood m kirk o£f the Gray
Wager program on m experimental basis until hey gee ehe regutatims chmged. Mr. Chacey
said that a Formal request had been prepared for the Mayor's srgeanse.
Nr. Chacey said he had met with Mk. Yessler co ing the City's Conprehmsive
[and Use Plm and the Land Use Map. Mr. Rasslex hades ced that on e the Ciry adopted
the Lurid Use Map, it becwres Iaw and any permits issued would have to be in cmfonrance
with the plan. Mr. Cnacey rectmrcnded that the City Cannissim adopt the plan sutmitced
by Mr. Goll and revised by the Cmrtdssion. Mr. (Sacey recan~ded chat public hearinGs
be scheduled for San/Feb and chae the City aeeenpe m ca~lete admixustratLUe rezoning of
Prof "tY in Sime/July.
Mr. (9~acey said chat he tad checked and was wable Yo obtain rage just
for assaule and battery by a police officer m a felm. Me. Chacey saidchecdid not
wnnend the City paying the prmd~nn required fox this coverage. Ccnmvssicmer Uskere
said he"ihoughc the coverage was necessary and Crnmissimer lamaem agreed. Commission
Grant d he was in Favor o£ saving S4, ]00.00 bug he did not want co pay for a sort Lacer.
Mr. Rooks said chat the coverage would also cover a Lot of gromdless suits that the city
rvuld receive. Mr. Sohn (,Yyseal asked w?ae the fief of Police's opinion was regarding
the coverage ar~d Mr. Chacey said chat he would agree co go either way. hh. Robert Daves
spoke it favor of the coverage saying it was not the fequmcy of the loss but tt~e
severity that was i~or[m[.
10. Motim by Cwmussioner Uskert, seconded by Cmmissioner lArmmn chat City rtainr
erage for assault and battery by a Police Officer m a felon. Ymtion carried
by urn roll call voce.
11. City Aetomey's Report:
Mc. Rooks stated Chat he tad inspected [he cable installed on Mr. Heclmer's
property ac Lace Wayman with Mr. Twr, Jackson, Public Works Direceor, and thae he had talked
with ME. }bffiraze, who had posed the questim cmcemix~g the cable, and with Mc. Meeks
of the Smdnole Crnmry Tax Assessors Office. Pk. Rooks said tbaC Georgia Avenue was
mtly surveyed and he said is as his opinim chat the cable did not exceed the bwsdary
ofcMr. Eerlmer's property m Gmxgia Avenue. Mr. Rooks said he could not acn¢ately
dete e whether the cable nn Seninole Avenue side ova on City property o and tF~at
ie ovoid rem ..e a survey to be certain. eh. Rooks said thae an Abstract/1Ytle search
would be required Co detemm~e oumership of the property ad said this world cos[ about'
$600.00. Mr. Rooks said chat based m wtat he tad seen there was no basis for the Ciry
eo require Mr. Bectmer to rarcrve the cable.
Mr. Rooks said that Ordinmce Cb. 113 passed in 1951 only takes away public riphts
and does nog take away any private rights. Rk. Rooks said he did not believe that the
Plae of 1925 chat dedicated the stteets also deduated the lake.
Crnmissioner Uskert asked iL W m the road was vacated if it undexstwd who
rued the land beymd the road and i£ individual was required to p.¢chase ttae land.
Cmmissimer Uskert asked wduae ovoid happen if ehe lake receded and if the purchaser
Quid claim ehe addi[imal land as the lake receded. Nk. Rooks said thaC when the
mad was vacated, wnership of the property exemded eo the water's edge, lt. Forks said
the plae was slime about who w.ns the lake. Fk. Rooks said if developer was cmveying
Citle, i wind require a deed. Mayor Hepp asked 'if ehe City did not am the lake, ~w
there a possibility rlat soma c else wined it. Mr. Rooks said tFat ehe persm offended
ovoid have to bx'uig sur Camdssioaer tiskere said he choughe wmership of CM property
should have stopped at w[erline.
Camdssioner Grant said tlwt the owners wire Mr. Callway and ttr. Colman and Hiey
will hold title according m Mr. Meeks of the Property Appraiser's Office. Mr. Cram
said he thought the lake was public property and thae was why no taxes Md been levied
Mrs. Ryan said the Se:dnole Cowty Official tad said that wren the road was vacated dwc
25 feet went [o the vmer and 25 feet went to the City. Nh. Sim Ross asked the Cmndss1,
o ehoroughly imeseigace the question of ownership and eo settle the matter once and
for all. Cmmi.ssi.oner Inmmnn questioned the City getting irrvolved in a neighborhood
dispute and asked if the City wuldt'e be searting a precedent.
Mrs. Virginia Haine said that last week the City spoke about vacaxi~ the road
vehicular traffic and did not refer co people walku:g, around lake. Nm.. Rooks said
tlue was noc carrecc. Mayor Hepp said that cbe City was atta~eing to clear lake and co
repair road but that any question of ownership was beyond the }waver o[ the City eo
determine. N¢s. Strvck asked iE she could be arrested for wallcix:g on the property sine
the City did not know xfio o..ned i.t and Mr. Rooks said he could noc answer chat question.
Mr. Shuck also objected to the City cleating private property. Mrs. Ryan said that a
peeieion signed by 250 people was vote than a neighborhood dispute.
12. Motion by Conmissionex Grant requeseing Mr. Rooks eo ership of property
and that City take title to lake Wayman. Tnere was no secondeaid6votion died.
13. Motion by Comussioner Uskert, secaMed by Cortmissioner Grant authorizing the Ciry
Attorney to determine wfio world receive property beyond 50 foot road and who wutd receive
property ownership as lake seceded. Mr. Beclmer said Chat he bad paid for hro tiT1e
earthes xAich indicated t}at he omed Nie property to the waeer Line. Tbtion was carried
by a wee of 3 eo 2 with G fission rs Grm:e and Uskert ar~d Ltayor Hepp wting Aye ar:d
Camnissioners lurmam: and O'teary voting Nay.
14. Mayor aid Camdssioner's Repores
Camrtssioner lunreem said t2ac the tiistorical G recce mee on 'ttn¢sday Night
aid had weed to authorize a gift shop in co~rveaed gazage ac 133 Hay Sereee and 1I
asked the Cumdssion co give approval ro the concepC.
M1btion by C nissioner inrnvam, seconded by Ccnmissioner O'Leary that City Cvmdssion
approve concept for Gift Shop at 133 Bay Street. Notion ranied by imaz:irtuus roll call
Mayor Hepp said that he was concerned about a recast article in the Cieizen's Neas
by Nit. T. J. Brennan. Mayor Hepp said slat he was only s[ta~p[i~ to respond eo a
citiza s request and Chat he still bad not received a reply fran Mr. Hup~es of
Che Stbnol Board.
Mayor Hepp nmd.naeed Mr. Rayrtond E. Downer, an lYrgine on the Codes
Drforcarmt Board as a Regil.ar N~ber. Iuminaeion was accepted by ae~ss:ierous m11
call vote.
15. '1P:e Ccmnission adjwnned at 9:20 p.m.
ACCest: r~ City o Ian o I~ ori~