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CCMtg04-12-93Commrssr n Members Present: o Mayor Paul L estxand Deputy Mayor Harvey S on Andersonls Commrssroner Steve Miller Commrssr embers Absent: Commxssroner Fred Pearl Staff Members P James ASeM Fe11in, City Administrator raldine D ambri, city clerk ecky V City A ney Rbonda Ledford, P rchasing D ector Dan McNutt, Finance Directorrr Dick wells, Planning Drrector Mayor Lovestrand called a regular meeting to order at 7.0o PM. A moment of Silent Meditation was followed by tM1e Pledge of F R£,MEMBRANCE - YOM HASNOAN". Mayor Lovesirand presented the proclamation t Deputy Mayor S rilson who would delrver it to the Jewrsh Community Center in Maitland on Sunday. B) Ms. V ead a oclamat ion 'P OCLALMING A - 993 AS "BUILDING eS Mayor Lovestrand presented the Oclamation to Mr. BiL1W Culbertson, City of Longwood Building Official. C) Ms. V ead a oclamat ion PROCLAIMING APRIL 18-25, 1993 AS "AMIIRICANe HOME WEER No one was present to accept the Proclamation. stli ne r d his letter, d ted April 5 the MayorMri which he e ended appreciation to the C and City staff for a istance tthey r ved making possible vthe sn the ongwood A and C estival which w held i emberf 1992 L Mr. eistline tRen prese ted the Mayor wrth a $15 ondonation. ended the H ety for the effortsm trey o Rave nputsovntomthe Hvstorics preservation of the 6. PUBLIC PARTICIPATION. Carol c 1 Lake Griffin c rcle, selberry, ead a letter addeessed t Mayor and C ith regard to the Code Enforcement m ing of M regarding A Service, which she asked that the2C and other elected off icialsrof Longwood deal with the facts andv evidence and fulfill their civic, ethic and moral commitments and commended Mr. Baker she has been a ember of the Board s 1986 and Chair o -Chair 1988, andmw signing from the cBOard effective i mediately. Ms.~cCorbin c d her r signing had to do with incidents redt during the last Cade Enforcement m ing and letters wrvttenc by a newly appointed member and a citizen. Mr. Thomas W. Moran, ] andpiper, P sident o the Landings Homeowners' Association, said Sthe r sidents i the Landings w having s e problems and asked for C help from the Police Department mm aid of eom iwhat h understands, the Landings has never been patrolled because the u Knapp, 2]3 Lake Griffin C icle, said she wished t speak about the very disturbing actions ofvLynette Dennvs at the affec<ed the way she performed her duties. She said the entire heari nq w ery u -objective and biased and because of t asked the C Sider r ing (MS. D is) from thesB ard. napp s if the C n looked into thisothey would find Ms. Dennvs worked on behal£r oft the Hardys and directly legal a se, a group of con ned c tiz s may also have legal ' vagainst the ity forcr ation sand d mages i rty makesrlegal or condones by inact von Mr. Hardy'sacontinuedtdumping and destruction o the e napp then distributed copies of a Setter from hereand all the linformation previously distributed to the Code Enforcement Board. vid G emp ].oyee and in-house c rite wgementa aide discussion regarding Industrial Waste serve e hevwouldt like the ability to respond i£ necessary. TOlos, member of the Code Enforcement B ard, said he endedo the Code Enforcement meeting on the 2 aid he s to be objective i all his a when dealing with City codes, o and state laws a ook objection to M Xnapp's d that the Soazd w -objective and biased. r Tolos aidehenw rry M orb in feels the way she does and Topes she rescinds hersresignatlon. Nadine Tolos, Highland Hills, a if public participation ould be permitted undee Item Y14. Mayord Lovestrand said Item ,@14 was not a public hearing. >. CONSENT AGENDA. A7 PAY APPROVED B 67 MINUTES OF MARCH 8 TING, 01993 REGULAR MEETING AND MARCH 29, 1993MSPECIAL C) BID $i1-93, S UMP AND CONTROL. D) OF 6 D pl]-9l, W ERIALS. E) APPROVAL O ITEMEN FOREDECLARATZON OF SURPLUS equi PMENT FOR AUCaloN. Anderson requested be ved for di scussiongsaDeputy Mayor Smerrlson requested Item B be removed for discussion. r Anderson questioned the s and item from the bott mo efr Page 1 expenditure under the cF Department to nole c unity college and said he believed this w request that denied ing budget s believed there w s directly related [ Nthe job dthat were allowed but said he would check further and would advise. Anderson questioned several other items which were answered to his satisfaction. n by C ded by Deputy Mayor ril son t xapproved Abills~n withc the the expenditure to 5 nole C ity College, page el epbeo approved. In response to questions mregardinq fees to G advised that the s red t mediation with my and that the feelr for koeeclosures w 1 be paid backn thx'ough the law suit process. Motion carried bye unanimous roll call vote. Deputy Mayor S tetl a ect ion t0 the March i and requested under the heading of Midyear Budget that the statement should read "Mr. McNutt will be available." Motion by Deputy Mayor S rilson, onded by C Miller that I the Minutes o rch e Special,mm rch nl Regular and rch 29, Special Meetings be cepted with the amendment as noted. Carried by unanimous roll call vote. n by Deputy Mayor S rilson, onded by C Andersonrthat Items C, D, and Eeof the C ent Agenda bemapproved as submitted. Carried by unanimous roll call vote. HEARING - 28, AMENDING F/Y 92/93 BUDGET~BPROVI DSNG FOR BUDGET TRANSFERS. Ms. V ead Ordinance No. - e by title only. Mayor Lovestrand oopened the public hear ing 11 No one present spoke >n favor Dr in opposition. n by Deputy Mayor s ded by C Andersonrt0 close the public hearing~n Cazzied by unanlmoussvoice Motion by C Anderson, onded by C Miller that Ordinance No ~93z 1128 be adopted. Carried by unanimous f roll call vote. '~ 9. PROTEST OF BSD 510-93 BY INDUETRIAL WASTE SERVICES. ~ e briefly explained the protest filed by I and the City'ssresponse to the protest. She then advised that after 5 today s ved a X from IWS's a ney requesting the City throw o al is rthe bids, however, if they City advises that this atter should not be heard, they espectfully withdraw their protest of this bid. ' Anderson asked about the letter from W advised they h t pursued that any farther cetl c n that the bid document said i of e thevunit pri wi 1~1 gov aid a ordinq to c e law if the City wanted to t out the slow bid the City cou l.dsdo s but there i O legal regal ent to do s Deputy Mayor Smerilson aid e n the unit prices ra e lower than the s Dnd bid a the City would be foolish to pay the $11.40 when theyecould pay $10.95. Anderson said his c if in fact there astechnicality t ould oaffect the Ch s decision based on the decis ionathat was made after the bidsswere open. 1.0. -1129, AMENDING F/Y 92/93, PROVIDING FOR BUDGET TRANSFERS93 ead Ordinance No. 93-1129 by title only. n by !. Deputys Mayor Smerilson, econded by Commrssroner Anderson lothat Ordinance N - 9 be a cepted o eading a that a public hearing be scheduled for May ], 199]. Carried by nunanrmous roll call vote. ONING oRT20N O DRAINAGE AND D ILITY E LOT IDDEN OAK ESTATES. REQUESTED BY. WILLIAM RA. ead Ordinance N - 1 by title only. Wells, Iing D explained t request by M Herx on Mbehalf of Mr. Nickelsr to abandon a portion Df an easeme located on the that a public hearing be scheduled for May 3, 1993. The Commission recessed Yrom B:00 PM to 8.10 PM. FTRST AEADI NG - ORDINANCE N 93-1132, G CLDEIVE OORLANDD, INCgAFORNTHENCOi,LECT20N OF RESIDENTIAL SO LID WASTE, INCORPORATING GENERAL AND TECHNICAL SPECIFICATIONS. ead Ordinance N - 2 by title only. Fellin a sed that s x bids had beenlr ved, o o bid and the lowVbid of $10.95 w e Managementne Millet noted that two additional changes needed to be mmade rwith specified that the days of Yard trash p.i.ck up would be Monday o Tuesday and that the solid w e pickups would be t days apart Ms. Ledford said the solid aw e pick up days w esday/ Friday and Wednesday/Saturday aand yard waste would be picked up on Motion by Commission Miller, seconded by Deputy Mayor e ND. 93-1132 a cepted o eading and ~hatna npublic hearing be scheduled for April 1 99]. Carried by unanimous roll call vote. COMMISSIONER RE% ANDERSON - AVAILABILITY OF BOARD/COINAITTEE Commissioner Anderson referenced his m o dated April 5, 1991 which he mentioned his c ith regard t that there i requirement t ds/committees be a ailable w esperioda r sbuggested the s ruling that applies t notes, that they be ready and available in seven working days be applied to all board mrnutes. Mayor L and asked the C mm is sion if they thought the w ompleted" should be u n lieu o ailable'• i days and added that h Quid like [ e them completed i sthree orking days. Mayor w and oexplained that attorney general's opinion s that or the m ompleted they e public ord rands e theeefore a ailableLeto the public. Anderson n ing i sed i rules and pro edurest, t Mayor eL estrand scontinued tto dobatesthe wording proposed by c Anderson. Anderson s had no problemm either Tway and asked the rCity ney C rdher advise. aid she would suggest it be orded "shall be completed" Ms Deputy Mayor smeril son noted that the n Rules and Proceduees nay also need to be a ended. Mayor and said he would like to have them completed rn three business days and C mmissioner Anderson said with staff reductions he believed it should stay seven. by ondea by Deputy Mayor rilson~n ney draft ordinance require completion ofd mrnutes Aforr all boards/committees and othe City Mayor Lovestrand asked e eryone to be patient as he had a lot of things that needed t aid a a prefaced his c ents saying he r way condones violating the bodes but sa idm there r difference, however, when he thinks t attempt to put out o£ business. Mayor L d proceeded to read his letterei which he requested that the letter of April 2, 1993, from of the Code F,nforcement B arils, be a ached a part mof t ord. (Letter of April 2, 1992 rsthereby attachede as a part of the record). Mayor Lovestra nil, in his lettee, s zed the April 2 letter, which he said referred t specific a amples of i ompetence and sloppy paperwork citing code v nstatements under oath, other aspects of the letter which t ubled him, obstacles placed r way o citizen who asked t public r ord, citynharas sment of a and a anti-business att itudeic ing, Mayor L dodo said the C ead the City out of this scandal eby taking appropri ater corrective action. Commissioner Anderson said he was amazed that the Mayor would address t ing there a till c particularly this c ing b tithe code Enfor ement B ard. aid r sahis opinion that ethis w iolation of a and sreques'teda Mayor a part o a (hereby attached and madena spart tof bthemr ord) and fcopieseb copy o the Mayor's letterYea long with themm anddM aletter fbe s ney~s officenforsr Anderson c ved aandAasked how the attachmentseto Ms. Dennrsne letter were rnther possession. Mayor L estrand said he did not know and then responded to saying the 1 ved by themMayorn and C ands said he did nott believe rit ew appropriate to discusaxi aid he believed s better left up to the mCOde rEnforcement B and to go about their job and said he believes Ms. Oennis owes the Code Enforcement Board an apology and a resignation. Deputy Mayor 5 rilson said the Code Enforcement B established by Statute a takes t e place o ity c arts and a uch he believes dimproper t ing anything before. the that rt before the Code Enforcement e ard. Mayor and said the emphasis of his letter i not to interfere with thec code Enforcement e and but is pointing sto the performance of the Code Enforcement Officer. Ne then asked the C n Row they felt. Deputy Mayor Bmeril son said he would n t passr judgement 1n any area of the issue. Fellin said b ith t Mayor for criticizing staffM and said good peopleoa e being losthi the City because o onduct such a this by the Mayor a ued with regard to withholding of public rt ord a McFellinrs e Attorney w salted witR regard to the request for r and it w the City's ent to protect the integrity o£ rd Mayor L and noted c e law with regard to public and said the sonly delay permitted w the t spent i ing the record. Theee was contrnued sdiscussion rn this ~esara~ r Miller responded t the City Administrator's ent thatrMre Baker r signed because of the Mayor and said Mr. Baker s ted to him s nths back Chat he w s going to r sign for a lot of other r of which had anything to doewith the Mayor. Bakero w asked if he wished to speak. He indicated he did not wish to comment. Anderson said Re wished t a letter that w handed tolhimo during t eak which he said ew letter r ved from Lynette D Anaersonf then ead a letter of r signation from Bob L , Code Enforcement Boa ea member, from the Code Enforcement Board ax ls. PROPOSED INVESTMENT POLICY FoR CITY. Mr. M made a f presentation o e proposed i enC policy uthat e had1edeve loped. short explanationVe discussion a ued. hIt w there v o guidance i the Charter o Code w regartl of estments and therefore was the reason for the recommendation for an investment policy. Motion by mmissioner Anderson, onded by Deputy Mayor rilson that the Attorney be d so prepare a adopt a estment policy and that it be brought t ommrssron on May 3, 993. Carried by unanimous roll call votee C Fellin ead transmittal from Coleman which endedca decision bea made to c negotiations about t nth no May 93based on letters d hfrom othe rL requesting that egotiations c earlyvas r9 working Gays from thrs Comm assaon meeting and £rome the negotiating t ssionee Lovestrand r ended Commissioner Miller. r Anderson r ended Deputy Mayor S rilson. nationo ofrC Miller of ail ed to pass by a with Commissioner oM it Ser and Mayor L and voting aye and Anderson Ueputy Mayor ov rilson voting nay. eof Deputy Mayoa Smerilson carriedeby a unanimous roll callnvoten With regard to designation of a spokesman the C agreed, to keep the communications clear, that Ueputym iMayor Anderson proposed that Deputy Mayor S rilson and M Colemaniwork out where o of them c n be present e It w noted that Mr. Coleman o Fellin could be present and that there o problem with M Coleman being present, but i agreed by Commission that Deputy Mayor Smerilson would be the spokesman of record for the City. Officer, signed h s position with the city. Mr. Fellin iexpressed e regret an r having received Mr. Baker s resignation. 18. CITY ATTORNEY S REPOR P. A) STATUS REPORT - MEDIATION WITH SEMINOLE COUNTY. Ms. Vose advised that the mediation was held, the Mayor was Dogwood's swage w s $1.]3 per thousand gallons of flow. The my i charging $2.10, however, within 9 days t my will send the effluent t ankee Lake Plant and the cost of treating the flow at Yankee Lake will be even higher. Ms. V ended i might be i the best i est of the City t request cc manges to ithe City/County Agreement in lieu of challenging the right of the County to charge Longwood for the high ankee Lake. suggested, based o thetc sultant'str following: of the mo years,o with as provision that thesCoity could f the c ith a nth n a peo r refunda of c ectionctfees, speoif is 3formula fortthe ing of wholesale r which wou lda be a ertain percentage of the r ail rate. After continued discussion cit w s the c of thetCOmmrssion that Ms. Vose proceed to negotiate the long tern Ms. Vose refe[enced he[ letter dated March 2 1993 i which she esponded questions regarding ity alarm violation enfo cement. noted discrepancies in the Code and a of the Alarm code a well as the Code dealing with the Code Enforcement Board that needed additions and/or changes and offered recommenda- week and that Ms. Blau, her partner, would attend the next meeting. advised of the settlement negotiations with ichael Bprouse (her letter dated April 32, 1991) ked f authorization to proceed to settle the matter. It w n the c of the C n that M Vose be authorized to sproceednwith the settlemeneassproposed. s advised that the city had filed a tephen and C rol M regarding n n-payment of a paving a ent and aid they would n w like to c ent, pay any litigation fees and costs and have the City fileca Notice of Withdeawal without prejudice. She r ended the Commission authorize her to proceed rn this matter. The Commis Bron agreed. advised that Peck a d Presley paid the City over $],00o to pay ofY there paving assessment. proceedings to enforce payment of t t /]-1983 - Falk The Commission authorized Ms. Vose to proceed en 19 DISTRxre #goMMlss~ioMZSAS% Ace nnaeraon references M Bakers signation leccer dying sic ~ roses him of esponaenoe ved M rch 1 from the Building Department. Ne s when this position w rig finally filled i Code Enforcement Officer and t the position w changed is mid stream for classification what the job called for. He eeferenced where a Building Department Report noted that only 108 of the time of this person spent o code E aid the C should n the a vity o the Building Department Reports sr and said the C should look very c ul ly before submrtting to another employee for that departmentref OI STRICT #5 - No r po t. DISTRICT #1 - No report. T #3 Miller s ith reference t McFe111nTc statement othat sM ~ Baker w sr quitting because of the Mayor, he said he thought M spelled i aid h ould h e timert Bdoeh is jobt if he had a aryhhe ould truscto do his paper work, and that he didn't sf eel the w getting paid e ough m ney to dot e paper wo he inspections and the code enforcement ~ Miller n ted that when r erting r code supplements update pages, n page 1521, 2-5, thecCOde w changed to include a ergency o ec Ms? 2 bri s she and i mediately s a letter t dcipal ing o ergency ordinandcess should n cbee codlf red. oshetstatedc they advised they would make the correction. Miller said i eadi ng the City Code governing sales Srhes believes it pother a that serfs to be addressed. aid he bel ievesr the code is prejudiced agar dealers and would like to include this item in their Housekeeping/ Code-keeping agenda. ved a call f Mike H way saying he wanted to add for hi se existing auto dealership building Meeting adjourned at 9.35 P.M ~~~:~ Raul i.ovestra Mayor ATTES ce alarne D r, ity dark