CCMtg04-15-96MinLONGWOOD CITY COMMISSION
Longwootl Ciry Commission Chambers
175 W. Warren Avenue
Longwood, Florida
APRIL IS, 1996
Present: Mayor Bill Winston
Commissioner Iris Benson
Commissioner lim Carrico
Commissioner Ron Sargent
W. Shelton Smith, City Administrator
Geraldine D. Zambri, City Clerk
Rieliard S. TaYloe, Jr., City Attorney
John Brock, Dir. of Hldg.IPlanning
Sandy Lomax, Dir. of Parks and Recreation
Cbief Greg Manning, Poliu Department
Monica Mitchell, Finance Director
Absent: IJepu[y Mayor Annemarie Vaaa
t. CALL TO ORDER. Mayor Winston called a regular m e order at ]:(Nl p. m.
2. A moment of SILENT MEDITATION was FOLLOWED BY THE PLEDGE. OF
ALLEGIANCE.
3. PROCLAMATION/RECOGNITIONS.
A. DISTRICT WI NOMINATION OF THE BUSINESS PERSON OP THE
MONTH FOR MAY, 1996.
Commissionee Henson no oared Flennah Miller, vice presider[ and manager
of Nations -ank, located on SR 434. Nomination carried by nnammous vmce
H. Mr. Taylor read a proclamaion proclaiming May 4-11, 1996 AS "SAFE. KIDS
WEEK". Mayor Winsmn presented the proclamation to Tammy Horvath, coordinator for
SAFE KIDS of Greater Orlando.
4, PUBLIC PARTICIPATION.
A. ED CUND[FF. E. HAY AVENU[ -EXOTIC BIRDS
Mr. Fd Cundiff, 226 E. Pine Streea, said he hes addressed the commission regarding a
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problem he and his neighbors have had with squawking birds on E. Bay Avenue, noting the
problem has not cured itself and that he Oitl vot believe anyono here was doing anything.
Said he has tried [o go through proper channels but it has been o wo years and
omplained that the birds even squawk e[ nigh[, 10:00, 11:00, and 2V00 or 3:00 in the
ning and that new birds keep being added. Mr. Cundiff said the city has codes that
ning, nuisance, and animal control but yu nobody can do anything about a yard full
of bird other squawk. Mr. Cundiff said he has called Mr. Osterman and other& having made
at least 200 calls in the last two years. Said he should not have [o do this, that i[ should
have been[ handled here in Ne city. Further, the owner sells the birds to hie broNer tlown
in Osceola County and has customers [bat come to his house and buy dte birds. However,
his major concern was having to listen to the birtls. He questioned why it can't be stopped.
Mr. Rrock responded the[ this wmplain[ has been addressed through the interlocal
agree with the County Animal Control and Mr. Knox has tw ee been brought to
subsequmrtly fined and the judge also suggested he add m his rtmuure w eneAOSe the birds,
brit to date no application for such a permit has been submitted. Mr. Arock said he
believed the issue was again going through the court system. Wth respect [o selling the
birds, all researoh done; checking Gassified ads, the flea market, etc. does not indicate that
he selling. Mr. Brock said he believed [hem effective way m pars the u
through the interlocal agreeanent wi[Ir animal co trot, which has been done, MruSm th
offered that as far a ould requir of a decibel m which the city does n
have. There was confmued Discussion regnrding [he procedure to follow during which tune
Mr. Cundiff wmplafned [h¢t he should not have ro keep coning to the co n Yo
complain, that someone slrotdd have been pros sivg everything he Iran had to do.s o
Mr. Taylor said he respectfully disagreed with Mr. Cundiff saying the city has been working
through the ioterlocal agreement but suggested perhaps [he city could inves[ige[e as to why
taking so Tong to get through the c n syste r pall an mat c rot to find out where
nt the process the complahrt is at this dme and wiry it is taking so long.
]'here w fued diswssion regarding the city's codes (or noise and nu and the
enforceability n and Mr. Taylor believed i[ es better to continue with the route of animal
trot v enforcing the city codes a[ this Wime which could cause some confusion at the
court level.
Commissioner Benson said she thought this had been cortected and suggested the city have
engineer, an expert in sound, bring in some kind of sound equlpmeatt to have [his taken
e of Mayor Winston said he thought Commissioner. Renson's idea was good end that
perhaps that should be done but noted that Ne no se had W be meu+.red a[ a blue that
would be enforceable from the stantlpoim of the city code.
Commissioner Ranson moved that [he city atlministtator he instructed m seek
and hire a sound engineer who can measure the decibel r rings of the parrots
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is birds that are disrupving the neighborhood's peace and quiet and
report back to the wmmtssion. Seconded by Connnlsstoner Carieo.
Com c Sargen noted that the ordina uch froi arrying
any enforcement for doaan't give usoanything to work with.u Said there were fines for
penalties but needetl the designxted authority to do so.
Chief Manning pointed o onHict within the code and problem with finding
to certify so nrcading sound m with respect to the svlolations and
penal~iea provided for ~Ine elude. Commissioner Sargen said this si ietlon needetl to be
aified but felt this part eulaz code needs to be re awed t make it more effective.
Commissionu Henson saiU the issue needed to be handled right now.
Upon request the city clerk reread the motion. There was discussion regarding the sound
englneu being certified.
Commissioner Benson a Wended her m say that a certified sound
engineu who is cerdfiM to calibreto the decibel oeadings on sound egntpmem
be hired to determine whether the decibel readings a r the limited
nt allowable in the community and to report back to the city commision
a,e a take am~on.
Mayor Wins[on felt the n should n nclude reporting hack [o the city co
and e a Uete unauon was made tt would be taken from there ro wherever the sta[u[e
said i[ ~hou10 go. n
Commissioner Carrico seconded the motion.
Commission Henson agreed to delete the words "and to report take [o the city commission'
and then added that "the appropriate mctton should be taken in accordance with the City
Code."
Mayor Winsron said that the language to take apProPriate a cordence with the
Gty code was ambiguous in that he did not know what that ac was and needed an
oppon Wiry t explore this with the people who have the answers.
Chief Manning explained the procedure end, hl summation said, that if found in violation
woulU be referred to the State Attorney's office as he felt, if pursue0 through the route
of Codes Enforcement, and was appealed, i[would ultimately wind up in the coon system.
In edditio , Chief Maturing sei0 the information could also be furnished to the animal
control to assist to their case.
Mayor Wimswn said he woultl vote for this mohon, however did not believe we would get
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anywhere with it and felt pursuing i[ through animal control was the proper mechanism.
Minion carried by a unanimous roll call vote.
Commissioner Carrico moved that the city attorney look at this ordinance and
fnd so way to tighten it up, and also to what othu ci ee Iteve.
SecondeAeby Commissionnr Sargent and certiedvby unanimous rolltcell vote.
5. CONSENT AGENDA:
A. PAY APPROVED RILLS.
B. APPROVE MINUTES OF APRIL 1, 1996 REGULAR MEETING.
C. APPROVE FY '9']BUDGET SCHEDULE.
D. APPROVE DONATION OF $'/SO EROM THE CONFISCATION FUND
TO ROCK LAKE MIDDLE SCHOOL FOR THE EIGHTH GRADE END
OF YEAR CELEBRATION.
E APPROVE INCREASE TO PURCHASE ORDER k6024 FOR POLICE
UNIFORMS FROM 84,500 TO $9,000.
F. APPROVE EXTENSION OF ORIGINAL CONTRACT FOR CODE
ENFORCEMENT BOARD ATTORNEY, AMY E. GOODBLATT.
G. AWARD OF BID q15-96, TENNIS COURT RFSURFACIN(i.
H. APPROVE SOCCER INSTRUCTIONAL PROGRAM.
Commissioner Benson moved approval of the Consent Agentla as submitted.
Seconded by Conrm~ssioner Sargen and carried by unanimous roll call vote.
6. PURLIC HEARING, ORDINANCE N0. 9G1299, AMENDING ARTICLE II.
PARKINO, STOPPING AND STANDING, PROVIDING FOR REFERRAL OF
PARKING INFRACTIONS TO A CIVIL TRAFFIC INFRACTION HEARING
OFFICER.
Mr. Taylor announcW that he hatl proof of publication for the public hearing. He then read
Ordinance No. 96-1299 by title only.
Mayor Winston opened the public hearing. No one present spoke in fevor or in opposition
to the ordinance.
Motion by Commissioner Renson, secondeA by Commissioner Sargent, to
close the public hearing. Cartietl by unanimous vome vote.
Commissioner Renson moved that Ordinance No. 96-1299, amending Article
11, Parking, Stopping and Swnding, be adapted. Sewnded by Deputy Mayor
Carrico and carried by unanimous roll call vole.
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T. FIRST READING, ORDINANCE NO. 96-130'/,AMENUING THE. PERSONNEL
POLICIES AND PROCEDURES MANUAL, CHAPTER 4., CODES OF
CONDUCT.
Mr. Taylor read Ordinance No. 961301 by tide only.
Motion by Commissioner Benson, seconded by Commissioner Sargent, that
Ordinance No. 96-130"1 amending [he Personnel Poliraes and Procedures
Manual, Chapter 4, be aecep,ed on frst reading and that a public Hearing be
scheduled for May 6, 1996. Cartied by unanimous roll call voce.
8. FIRST READING - ORDINANCE. NO. 96-1308, PROVIDING FOR THE
GRAMING OF ANON-EXCLUSIVE FRANCHISE TO USA SERVICES OF
FLORIDA, INC. FOR THE COLLEC'[YON OF COMMERCIAL SOLID WASTE.
Mr. Taylor read Ordinance No. 96-130] by title only.
Moti n by Com r Benson, s onded by Deputy Mayor Carrico, that
Ordinance No. 9651308, providing for gran[ing a xclusive franchise to
USA Services of Flocida, Inc. for the eolleenon ofcommercial solid waste be
ecepted on first reading and lhat a public hearing be scheduled for May 6.
1996. Carried by unanimous roll call voce.
9. RESOLUTION NO. 96-840, AMENDING 'pHE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30. 1996.
PROVIDING FOR BUDGET TRANSFERS, PROVIDING FOR AMENDMENT
OF THE MANNING DOCUMEN"f.
Mr. Taylor read Resolution No. 96-840 by title only.
Commissioner Benson noved ma[ Resolution No. 96-840, amending [he
budge for the liscal year beginning October I. 1995 and ending September
30, 1996. providing for budget «ansfers ane a ,endmem of [he manning
document be adoptetl- Carried by unanimous roll call vote.
10. RESOLUTION NO. 96-841. AMENDING THE BUDGET FOR 7'HE FISCAL
YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996,
PROVIDING FOR BUDGET TRANSFERS.
Mr, Taylor read Resolution No. 96-841 by title only
Moti n by Com r Benson, s onded by Com r Sargen , [hat
Resolution No. 965841~einending the budget for the fis~aleyear beginning
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Ouober 1, 1995 and ending September 30, L996, providing for budget
transfers, be adopted. Carried by a unanimous roll call voto.
II. MONTHLY FINANCIAL REPORT.
Me. Michell presented the monthly financial report for the puioU ending March 31, 1996
and reposed that the re and expenditures in all funds were on target, with the
exception of Stosn Watervwhue only 22% of the budget had been expended.
12. CITY ADMINISTRATOR'S REPORT.
Mr. Smith reportrd that Mr. Tiblier, public works director, had taken ill and w in the
hospital for testing end he would provide updates cn his condition as they were received.
13. CITY ATTORNEY'S REPORT.
A. COLUMBUS HARBOUR PARK -RELEASE OF IN'fF.RPST.
Mr. Taylor said he has tletermineU via [he title company that they will require title searches
and he has founU one independen[ searcher who will charge $50 per search, anU was hoping
to get the fee reduced l0 835. Further, there is ompany in Orlando that lnay have a Fla[
index and was looking in o that. Further, has spoken with Bud Abt anU advised Ilim
rote
Nat the city woulU like them to conhibute half [he oust but asked thaz he not present to the
church until he had a better idea of [he cosy 4Ie explained that the city could if clew title
is not provided within 121) Ueys, walk away from Ne contract.
Mr. Taylor continued saying he has met with the Colmnbns Harbor homeowners end a few
people expressed concern about a buffer area arounU [he lake. Mr Abt, for the most part
agreed to that. They have also asked [hat a restriction be placed on the properly that no
building could be built. He said the Homeowners' a on did no[ cake a position, one
way or the other, on the sale and have not yet signed oche letter he prepared. Said he has
prepared a release and a letter, and an information sheet so each properly o
Columbus Harbor c n also provide us with any other mortgage Holtlers. Mr. Taylor advised
that there who do no sign will be the ones that the city will have to name 1n the law suit.
In response [o Commissioner Cameo, Mr_ Taylor explained that the contract provides for
the ability of the city to walk away from the contract, [he church could take title witH [hat
flaw r the city and the church could renegotiate, which i where they w
Additionally, Mr. Taylor said, if the city decades to do anything with the lend except locate
a park, a release would have to be elTeued. With respeu to placement of a sewer plain on
the property withom getting the releases, Mr. Taylor said it mould be argued that It was
folded and has been used for a sewer plant, but felt it could be challenged. He said Ne
s of the homeowners as ciation is that they would like the properly left as is. Mr.
Taylorssaid he told Nem tHat thesuse being considered was the least intrusive use tHey could
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ha~e.
14. MAYOR AND COMMISSIONERS REPORTS.
nlsTRfcT ss, al, az, as, na
Dinnct N5. Reported that he anticipated the meeting would end at 8:05 p.m.
District pl.
Commissioner Henson movetl to adjourn antl defer reports to next week.
Secondedby Commissioner Sargent.
Commissionu Carrico said he had so nothing of importance to bring up under his reROn
and that he would like to put it to the record.
Mori adjou failed by a three t with Mayor Winsron,
eom Card and e4mmis5mnere sargen v e nay ana
Commissioner Benson v ring aye
District pl. No repor[.
District N2. No report.
District p3. Commissioner Caaiw said thue was legislation being prol><xsed that would
prev s fron spending taxpayers nay in the r don It ould be
rolled'ti other fashion and wanted to haven Mre Smithe send letters t
legislators that~w vehemen[Iy opposed to this end that we should have eonaol
explaining that the issue had to do with binding arbitration regarding nntons.
Com r Carico i Quad that the city administrator draft a letter
op~mnssiohe binding arbitration legislation. Seconded by C mmissioner
Sargent. Mayor Wins[on said he thought it would be appropriate for the
o also send e lotto in this regard. Motion carried by a three
with Mayor Winston, Commissioner Grtico and Commissioner
Sargentvvooting aye and Commissioner Benson voting nay saying she did not
know enough about the issue.
I5. ADJOURN.
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