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CCMtg08-25-80~~i rangwrnd City Cmmission August 25, 1980 The Longwmd City ¢mnission held its regulaz greeting at "1:30 p.m. Present Mayoz Usk=rt r Grant er Hepp Coartlssioner rAxmann Mrtchell vidsChacey, City Administrator Marvin Araks, City Attorney osald Gerry, City Clerk Mayor tlskert called the `reefing to oc~kr. Tnvccafion follo..ed by pledge of 1. Approval o£ Minutes - D/18/80 Fegular Meeting. Pb on by Carmissioner Mitctell, mnd lry Cmmissioner Io to approve minutes of 8/16/80 as suL•mitrad. Nbtron carried on unanvmus mote. 2. Public Participation Period: Pobert oarES queaticnea ha+ an.ci, aaaiti.onal ta,: revenua koala ba recei a raault of foru,a.~dng water rare ;n Mr. enaney Grated mar. r azd nor nave the axa m,c but tnac it wale ae~ren ~r~,t of the aar~m,e of the v,Crease fp m a coral ta: o£ 51.00 par caster. Mr. Robert Oaves ".e~tioned whether a secmd sPriNCler systan had been approved for Candyland Yark and inquired what was wring with first one. Mr. Chao_ry stated t of the spri~u' ler system was $3,000.00 and tlu other spriNCler system mould bs relocated to tIx second soccer field. 3. Agenda item V -Bids for cm of Fire Station. Cmmissioner Grant obje txl to oPSning bids for thesFr~ Station until die City Wad aaluirnd final. title to the building site. Mc. Chacey suggested that bids Lc opened and re£ermd City £]igineer for re and mmarendatim Fefore foxmvl acceptance. Rinks tiar=a ttat he aid not see anything wrong with opening the bids but that as a noxaal wnree, the Lana ao3nieiti«~ amnla ~ f;nal l,efore bids were re~srea. a. Mr Marshall seated that he has awmitted a bid for x~ e~ station and this wasdthe 2nd reek he had teen present for opening o£ the Bias, He sUted that City had teen in possessive of the bids £or to days without any action and he re- ryuested that the bids be owned. 5. Cmmv inquired hoc loeg bias mould Lc kept unopened. Mr Froks stag that he would attartpt to have a Preliminary rePOrt on the land aa]uisition for ds wrh session scheduled for Thursday, August 28, 1980. Mr. Racks stated that he weld osnract Mr. Stephenson osceming wntract for Prcrerty. 6. ry,all stared d,at the site Klan fo= the eire station weld Wawa to L rtodified and mould rs]ui.rn mnegotiation with the builder. >. rmann request_a that the City Attnmey check in o the matter.' of do Caitract £or Frm Station srte and is was agreed [o hold a special session if necessary. 272 e. Agenda irP,~ w, eetitron froa lake eairy liners rc~uestinq an ordinaam la hi of imtnr boats o itt hibiti tlwt ti £ L k F i i t h i o wr en Fm wc n Sec on o a e a ry w n9 n9 t the cittrlinu of longwmd and a petition from Colv~OUS Harbour trom=_wmers opposi any res :use of yke Fairy. Mayor Uskert stated that them was an i n ng ,t re cFin9 [FC us of poser Wats m iak IVindsor sinco the lake was Ozdinanm order 25 acres. He stated that Iake Fairy was in excess of 50 acres. 9. Notam by Commissioner Plitchell, seamd by Camu er Hepp that Cartnission of take any action 5 co the majority of tM lake is rr: Seminole Cowity and Fhe part locates in Ion9wmd is o~,med by individual win of Coltmbvs Naz'L ur or by the Ikseomem's Association and that the matter to refexred to ~nunole Cowry Caaarssion. Nation carried h' a unanvrous vote. lo. Agenaa item VII. Authorizations from resi~knts of take Jane giving City penv.ssion to use cF nicals in lake to kill Lilly Pads and ca tails. ~ ~ r HePP 4u~sttoned whether tlvmicals had teen approves by [ep i ro nnental ~ Pegulatron. Mr. (gamy stated that cMndcals were ap22rowd B-~A: but that M did not have sufficienC fords in the budget and he requested authority to use ore thousand dollars 151,000.00). 11. Has. Icathy JaGCmn spoke of tide Pmr condition of the Lake. She stated that tM lake was catchvu9 erm off water fmn the streets and az being filled with dirt and debris. She stated ttwt she Iwa lived on the lake for 13 years and it had nev teen in such Fmr condition. er 12. Commissioner Sanwvi suggested ttaving City I}~9inrer link into situatron and s ee if anything could be dare. Efr. CM1amy stated that surface drainage was Planned to i th l k go nto e a e years ago. 13. on by came er iarnann, sewed by Covissioner Hepp that City r ~l Enginee into the mndition of +k° Sane to see rf anything mold is rksa. m k ~ potion carr i ed by wanvrous roll call wte. 14. Oamu Hepp questioned whether City should delay use of r>am: cats while acaazting City Engineer's retort. 15. Grant stated that (ity stauld have written authoriza n fxan useochemicals in Sake Jane. Mr. CMamy stated that the City was using D.C.R. alproved cFxenicals but tlat tF City did not have written authority.. 16. Mr. Bete taaley, Like Jane resident, objected to the pror condition of Lake Jane and requested that chemicals m used right away. t~btion by Commissioner l~litchell, second by mrtnissio~er Hepp to contact R, for authority to use d:emicals in lake Sane. Potion carried by imanvrous roll call wte. 15. city A~,r,ristrator'e Report: ;u. chaeev states teat re has aiser;bnrea m all C7mnissioue sanple ordiluna establishing a Codes F.hCOrcenent mazd and sample rules for use of the Bcax'a. Mr. Chamy states that the pmpssed orainance aLrost an ct any of the State Law and a West Palm mach ordinance m tFie ant subject ere rates that the FSOrida Lea ue of Cities xeaamends the Codes g a,foroa~t ma~a as to naw city orai„anms eni:ormet. Pte. a,amy re gisst~ acnevrrenco fran the Cmmission that Fe was Pmccedin9 as tFZY desima and requested a nation to aade to prepam an ordinance on the subject. 19, Mayor Uskert gmstioned whether the City Attorney uvula represent the City in the emnt the Ordinanm was cmtesterl. Me. twks stated that }e wools be require 2^3 xePrnsent the City. Mr. Acoks stated that the Florida Statute wale berme effective «~ a:tmer 1, 1980 auuori:ing the we o£ erne n,forrerent marls. stated hat ]g was all for solving probleems but he wanted to 1mk at ~ Ordinance sery ra+afully., stated that c mould be s ring as no formal roles of evidence would ba reguixearbut that due Process, i.e. notice of charges ana an ol~wrewity to m heard would bz regnirea. 20. n4. OFacey stated that 1^kst Balm Beach was the pilot city and their ordinance has held ~ in two ronrt rests. 21. Mayor Uskert stated tJwt. his first ctnice was that the State Attorney's office should enforce the ordinances of the vaz Canrissiwer llitchell objected to the Code £t~forra+nent Ordinano±, statingcthat i owded like a "I(angaxoo Court". INyor Uskert stated that one reason the State Attorney's offirn rbesn't prosecute is that his ofC.ice. is noY familiar with all the di££emnt oniinanres and regulations of the crUes. 22. Cartaissioner Nepp stats3 that he was in fawr of tFe Coals IIiforcertrnt Ordinance re them was no vaay to enfoxrn ordinances. red that he believed the HoaN mould d their job correctly and as good as a trialtjury. 23. Cartnissioner Geant stated that he wanted additional infornatiw Fcfore he r~ci2 d. C[mmissioner xon~wv: stated Heat i attPnQt to solve the pxOble~ of not having a City Judge to hear rases as wasadone in the past. Pb[ion try Cortmr r Nepp, second by Comm rmann that City F>meunis- withsCOdes Llrforcenent marl and thatnthe C ty At mey lock in m~~artr~r~ earriea on a 3 to z mmniesionere lkpp ~:nann, ana to . r Uskert w[~g Ara ana com~isaioneescrerar~t ana Mitcheu wti„y ray. 25. city Attorney's reP>rt: Me. males briefed the Cmmissimi on the status o£ tl'~e Handyury suit. F~ Wted that the City did not have a Lot of discretion in approving or disapproving Site Plans but the Camu as mainly to that all pxorndural steps were taken. m questionedrthesexEwndituxe of City fords m fighting case when he believed the City mould lose. l9r. liroks reamrended ttut tl'~e City resolve the problem try granting approval of the Site Plan for Handim~ay. 26. Osmussioner Nepp inquired if Site Plan approval could includz modifications to include safety features salt as cross walks. Mr. Rnks stated that he tlnu~xt that they mould be negotiated and requested a list of iteas dssired by Camissimers. G>mmissimer Hepp asked atvut rim= xenemmg tefore ac art and 17r. Rnks statW that rim= would rw out this reek but that he tlnughtwthat he could xork sam- thing out with other attorney. 21. Mr Sinpson spoke against settlem=nt of the suit stating that pmrnrty ors should have bmlt required to sutxlivide the property as ralluired by City Ordinance hb. 231. Mr. mks stated that he had previously considered that legal axgiment but that he thought that Ordinance tb. 23> was defective since it did not an alglicability clause. rated that M would again rnseaxrh the Sutr divis'rn ordinance Sn vied of Mr. si~sm's cwmm nr, tusks stggested that tF~a City prepare a new Subdivision Ordinance and Mrs Cha ry stated that a nrr ordinanre has been prepared ana would re awmattea to a,e cane Piawi.,g Agency nn Thwsday, August 21, 1960. 28. i s agreed by the Crnmission that [1r. Rvks would talk with tt1e attorney fran Handyway and get a continuance writ Nnnday, SspteJaoer B, 1980. 274 z5. Mr. Iknks sratea that ne naa recie:.na elorida statute sso.u x~oer.dny levying additional city t on wj Track. Fk• s[aT d that statute feared to provide a m rest pmceauxe to raise additional reucnue £mn the ro9 Track 1 if that was ther~ffisire of ~ Camdssion. 30. Pbtron Y Comissioner Mitchell, second tri' Camnssioner Hepp to na 1 City Attorney prepare an Ordinance inQosin9 additional t on Ay Tzackre autFnrized by Florida Statute s5P.11. ~btron carried by a wanvrous roll call vcte. 31. Mayor and Commissioner's I+gort Gwvnissioner Flepp stated that there an animal problem at 400 E. Et~xgccen Street. Mrs Arley nad called ming the problem with the noise and had not rn ved any satisfaction fran eitMr animal control or the Ysalth reparUVit. t¢. Chacey stats3 that the mlice Fad investigated this aftemmn. 32. Mayor Uskert stated that the Cmmission nad received a thank you card from Wmmissiq~er Hepp expressing his appreciation fox the assistanm xendere3 by the. ~mussim follosing his wife's death. Mayor Uskert thaN~ed Comnissimer Fiepp for being able In att=nd Clmmission aeetings follo..ring his wife's death. 33. lNyor Uskert stated that he had received twn letters fran the Chief of Police ming Captain Barfiela and the mn_n volving the is ward. Mayor Uskert stated that Captain Barfield nas his whole Matted suppart end that M rons.iMxed YY,at Captain [iazfield was do cellent job. Mayor uskert also sayyeat a mat a stay c tuna a on Fnii~ pre~,ocion pre~aaaas but that he was nou isfied that the recent pmrotion bird was ox,dueted in a fair and viQartial ~winersand he was satisfied with the insults. 34. Nntron b1 Commissroner litchell, second by Commissioner Igxaenn that 1' r, City on Iong~.~,~F`loriaa /~ ~ o/,t° rte.-.--,z c~-~~BM-- a