CCMtg09-15-08MinLONGWOOD CITY COMMISSION
i Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
September 15, 2008.
7:00 P.M.
Present: Mayor Brian D. Sackett
Deputy Mayor H.G. "Butch" Bundy, Jr.
Commissioner John C. Maingot
Commissioner Dan Anderson
Commissioner Mike Holt
Teresa S. Roper, City Attorney
John J. Drago, City Administrator
Sarah 1VI. Mirus, City Clerk
Tom Smith, Division Manager of Streets/Fleet
Carol Rogers, Director of Financial .Services
Richard Kornbluh, Division Manager of Utilities
Lt. Phyllis Williams, Fire Department
Marilyn Douglas, Purchasing Manager
~ Ryan Spinella, Executive Assistant
Tom Jackson, Police Chief
Paul Sizemore, Director of Community Services
Fran Meli, Recreation Program Manager
1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m.
2. A moment of SILENT MEDITATION was followed by the PLEDGE OF
ALLEGIANCE.
10. PUBLIC HEARINGS. (PART 1)
A. City Administrator recommends the City Commission read~by title
only and adopt Ordinance 08-,1875 which fixes the final millage rate of
ad valorem taxation for the: fiscal year commencing October 1, 20.08
and ending September 30, 2009.
Mayor Sackett read the following. statement:.
The FINAL tax rate being proposed for FI' 2008/2009 is $4.9900 -
that is $4.9900 per $1,000 dollars of non-exempt assessed valuation.
This represents a decrease of 6.8856% lower than the rollback rate of
$5.3595 per thousand.
Mayor Sackett said the City Commission would convene this Public
Hearing on the Fiscal Year 2008/2009 final millage rates and final Budget
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as required by Florida Statutes Chapters 129 and 200. He stated Chapter
200 requires that a final public hearing on the Budget be preceded by a ~
two to five day notice. of the hearing. Chapter 129 requires advertising a
summary of the budget.
Ms. Roper announced having proof of publication.
Mayor Sackett said the Commission would take action this evening
relative to the adoption of the final millage rate and budget. He reviewed
the rollback millage rate.
Mayor Sackett opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Holt moved to close the public hearing. Seconded
by Commissioner Maingot and carried by a unanimous voice vote.
Commissioner Maingot moved to adopt Ordinance No. 08-1875
which fixes the final millage rate of ad valorem taxation for the
fiscal year commencing October 1, 2008.
Ms. Roper read .Ordinance No. 08-1875 by title only.
Motion was seconded by Deputy Mayor Bundy and carried by a
unanimous roll call vote. ~
B. City Administrator recommends the City Commission read by title
only and adopt Ordinance 08-1876 which establishes. revenues,
expenditures and fund balances for the' City's fiscal year budget
commencing October 1, 2008 and ending September 30, 2009..
Mayor Sackett announced proof of publication on September ~10, 2008.
Ms. Roper read Ordinance No. 08-.1876 by title only.
.Mayor Sackett opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Maingot moved to close the public hearing.
Seconded by Commissioner Holt and carried by a unanimous voice
vote.
Commissioner Maingot moved to adopt Ordinance No. 08-1876,, as
presented, Item 10 B. Seconded by Deputy Mayor Bundy.
Deputy Mayor Bundy said the Commission recently received a ~~
Memorandum from the City Administrator that the City of Lake Wales .
wanted to purchase two of the City's vehicles. This request came in after
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• the Budget had been prepared and presented to the Commission. He stated
the City Administrator is requesting a budget amendment.
Deputy Mayor Bundy moved to amend the Fiscal Year 2008/2009
Budget .increasing revenue account Sale of Stuplus Equipment by
$25,100, increasing the Police Department's equipment line item
by $15,400 and increasing the Community Development
equipment line item by $15,400.
Deputy Mayor Bundy said the net result of this amendment was that each
new vehicle would cost the City $2,850.
Motion to amend was seconded by Commissioner Holt and carried
by a unanimous roll call vote.
Main motion carried, as amended, by a unanimous roll call vote.
3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus:read the following
announcements:
A. Senior Matinee will be held. on September 17, 2008 from 1:30 p.m.
unti13:30 p.m., Longwood Community Building, 200 West `Varren
Avenue. This is month's feature is American President.
B. A Blace Grass Pichin' will be held on September 20, 2008 from 7:00 p.m.
until 10:0.0 p.m., Longwood Community Building, 200 West Warren
Avenue.
4. RECOGNITIONS.
A. District #3 Nomination of the Business Person of the Month Award
for October 2008.
Commissioner Holt nominated Troy Smith; Owner of Mobile Tech Auto,
Inc., 490 West State Road 434. Nomination carried by a unanimous voice
vote..
5. BOARD APPOINTMENTS.
A. District #1 Nomination to the Parks and Recreation Advisory Board.
Commissioner Maingot nominated Van Olvey for reappointment to the
Parks and Recreation Advisory Board. Nomination carried by a
unanimous voice vote.
B.. District #2 Nomination to the Parks and Recreation Advisory Board.
• Commissioner Anderson deferred the nomination.
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C. District #3 Nomination to the Board of Adjustment. ~
Commissioner Holt deferred the nomination.
D. Appointment of a Citizen Representative to the MetroPlan Orlando
Citizen Advisory Committee.
Nomination was deferred by the City Commission.
E. District #1 Nomination to the Ethics Committee.
Commissioner Maingot nominated Chuck. Gilmore, '505 Preston Road, to
the Ethics Committee. Nomination carried by a unanimous voice vote.
F. District #2 Nomination to the Ethics Committee.
Commissioner Anderson deferred the nomination.
G. District #4 Nomination to the Ethics Committee.
Deputy Mayor Bundy nominated Pamela Redditt, 835 Maraval Court, to
the Ethics Committee. Nomination carried by a unanimous voice vote.
H. District #5 Nomination to the. Ethics Committee. ~
Mayor Sackett nominated Rick Johnsfon, 1100 Autumn Brook Circle, to
the Ethics Committee. Nomination carried by a unanimous voice vote.
6. PUBLIC INPUT.
A. Public Participation.
JoAmie Rebello, 301 Loch Lomond Avenue, said after listening to the
discussion: on August 18, 2008 regarding Item 11 F, concerning Driveway
Policies, it appeared this Commission was nearing a decision on a new
Driveway Policy. It was decided to have this come back before the
Commission on September 3, 2008. She stated fiirther discussion ensued
that evening trying to achieve an equitable solution to this issue that has
been discussed for over four years. She said the current Policy may not
cover every situation, but it does appear to allow for extenuating
situations. She declared her anger concerns the grievous error made by the
majority of the.Commission on September 3ra on Item 11 L. She stated.
Dial Bhagwandass appeared with an Attorney to .discuss some things
outside thePolicy, but relating to it. She said the owner of the property
located at 791 VJayman Street was Simboonath Bhagwandass. She
inquired if they were the same person. She affirmed in 2006, Mr. Dial
Bhagwandass stated he owned and lived at 702 Pasadena Avenue when ~
discussing an issue regarding an owner occupied building permit. She
declared many statements made on September 3ra were mistnrths. She said
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• Mr. Bhagwandass stated he had a driveway cut put, in as a favor by the
contractor and admitted he did this without the City's permission. She
stated that Seminole Avenue was paved in 2003 and there was a
neighborhood meeting where residents could look at the. designs and
comment on them. She .said 791 Wayman was a corner lot abutting
Seminole Avenue and Mr. Bhagwandass did not attend that meeting. She
stated when a contract was awarded the contract was between the City and
the Contractor, Individual homeowners are not supposed to make
individual deals with the Contractor in direct violation of the design
approved by the City. She said if the Contractor and Mr. Bhagwandass
agreed to this driveway cut being done without the. expressed permission
of the City, the driveway was illegal.. She inquired how the majority of this
Commission could approve the City paying again for an illegal driveway
with taxpayers dollars.. She affirmed the main premise of Mr.
Bhagwandass argument was that there was no Policy on driveways. She
disagreed and said after going through four years of available Commission
,meetings online, several references were made about driveways. She
stated when Rangeline Road was being paved there was only one
driveway allowed. She said when Georgia Avenue was.paved, driveways
were paved according to design, and any changes had to be approved by
the City. She declared this all took place prior to 2003. She said on
• August 16; 2004 Commissioner Bundy,, who was Mayor, stated the City
would provide one entrance to a property. On September 7, 2005, there
~ was a discussion on a lot between Pine and Bay, where the applicant was
denied with Commissioner Anderson recalling the City's position was one
driveway per platted lot. She said she had many other references. She
stated when you look at the design, there was no driveway opening, and
therefore, it was illegal. She said she found it disturbing that Mr.
Bhagwandass has had ntimerotis Code violations, several of which were
inoperable vehicles and car parts in the yard and driveway.. She stated the
first complaint was by Deputy Mayor Bundy in June of 2000 stating an
illegal ear repair business was taking place in that vicinity. She said it
appears Mr. Bhagwandass does not give the City Codes and Policies much
credence and inquired why this. Commission was rewarding bad behavior.
7. CITY ADMINISTRATOR'SREPQRT.
Mr. Drago said Deputy Mayor Bundy had inquired at the last meeting about the
part of Overstreet that was. paved from County Road 427 in, and whether that
portion was assessed for the road paving. He reported that portion was not
assessed. Our records indicate there was some sort of a sewer project done and it
was probably coated with asphalt for approximately 400 feet by the commercial
areas.
• 8. MAYOR AND COMMISSIONERS' REPORT.
District #4. Deputy Mayor Btindy said he was sure it was discussed with all of
the Commissioners regarding the latest settlement offer and whether there was a
need to have an Executive Session or any type of meeting with Mr. Towers. He
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stated Mr. Roper asked him to bring this up as a matter of record under his report
to make sure it was the consent of the Commission to not address the latest offer.
It was the consensus of the Commission to not entertain the settlement offer on
the Oakwood vs. City of Longwood.
Deputy Nlayor Bundy said he was sorry he was not able to stay long enough to
throw the first ball on his designated softball field at the Babe Ruth Opening Day.
District #~. Mayor .Sackett reported he received a few calls today regarding
Island Lake North holding. a lot of retention water from Tropical Storm Fay. He
said it was reported to him that perhaps the sluice gate was broken. He inquired if
this matter could be looked into. He stated he had another meeting with the
Florida Department of Transportation (FDOT) and they were getting closer to a
settlement. He will be meeting with them again on Thursday. He reported he
would be going on the Lyman Television to thank them for their participation in
the Heroes Ceremony on September 1 lth. He advised Lymanband.com has over
200 pictures of the 9/11 Ceremony and Longwood Baseball Opening Day posted
on their website. He reported he has been meeting with the Longwood Chamber
of Commerce and they have accepted Relay for Life as their signature event. They
would like the City to be involved with this event to be held the third weekend in
March.
Mayor Sackett said he saw first hand at Woodland's Elementary where a child ~.J ,
brought a gun to school and traded it for an iPod and an iPod being traded for
marijuana. He stated they have lost the DARE Program. However, they do have a
remarkable Program called Triple I Intervention. He-explained this Program
works with children at risk to improve their spelling, reading, and math scores. He
said this Program can no longer be funded. He affirmed most of the children
attending the Woodlands were from Longwood. He inquired if it was possible for
the City of Longwood to give $5,000 towards fimding this program.
Commissioner Anderson said this would be a good use for Confiscation Funds.
Commissioner Maingot proposed having the City Administrator investigate the
possibility and report back to the Commission.
Commissioner Holt said he would not want to see funds taken away from the
schools within the City. He stated he would volunteer to check with the County
Sheriff s Office to see what they could do.
Mayor Sackett said their next meeting will be after the Farmers Market and he
hoped it would go extremely well.
Commissioner Maingot inquired about the banners for the Farmers Market.
Mr. Drago said the banners should be in next week. He stated if the banners come
in, they will put them up.
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• District#1. Commissioner Maingot thanked Chief Jackson and the Police
~ Department for organizing the 9/11 Ceremony. He said the: 20~' Anniversary of
Longwood Babe Ruth went very well.
District #2. Commissioner Anderson expressed thanks for everyone involved
with the Heroes Ceremony. He thanked City staff that participated in taking care
of the driveway collapse with Mr. Stroud. He said Mr. Stroud is able to get his
family in and out of the property now and the water was flowing as it should.
Commissioner Anderson said in going back to the motion on the driveway for Mr.
Bhagwandass, he has heard an earful. He stated he believed the motion was that
the City would pay to do the work if it had been proven he had previously paid for
it correctly. He said, in one of his discussions, he heard that was not how the
motion was stated. He avowed if that was the case he would like to revisit the
issue at the next meeting. He stated it would not be appropriate for the City to pay
for something that was improperly done. He asked for clarification regarding this
matter so they can revisit this at the next meeting.
Mr. Drago said it was his understanding that the motion was for the City to install
the driveway opening.
• Commissioner Anderson said with that being the case, he would like this to be
revisited. He stated this was a case where his understanding of the motion was
i wrong and they needed to take care of this matter.
Ms. Roper said she would look into this to see what the proper means would be in
dealing with this matter and she will send a Memorandum to the Commission.
Deputy Mayor Bundy said if they were going to re-open the matter then Mr.
Bhagwandass' Attorney would. need to be notified.
District #3. Commissioner Holt said the Heroes Ceremony went well and he'
stated it was amazing what goes on behind the scenes to put something like this
together. He could not attend the Longwood Babe Ruth Opening Day due to work
and he appreciated. the comments made on his behalf.
Commissioner Holt said Northland Church had sent out a letter referencing the
gaming and how they are opposed to it. He indured if there had been any follow--
up regarding this matter. '
Deputy Mayor Bundy said he met with a gentleman approximately three weeks
ago. He stated the. Dog Track has changed. ownership and they are looking at
their options.
• Mr. Drago said the City has never .seen any formal plans or discussed the matter
with the developer.
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CONSENT AGENDA. ~
A. Approve Minutes of the September 3, 2008 Regular Meeting.
B. Finance Division of the Financial Services Department recommends
payment of approved and estimated bills for September 2008.
C. Finance. Division of the Financial Services Department recommends
approval of the Monthly Financial Report for August 2008.
D. The City Clerk recommends the City Commission approve extending
the Non-Exclusive Franchise for the collection of Commercial Solid
Waste and/or Recovered Materials for an additional twelve (12)
months to Container Rental Company, Inc., Orlando Waste Paper
Company, Inc._, Republic Services of Florida, Limited Partnership,
Veolia ES Solid Waste. Southeast, Inc., Waste Management Inc. of
Florida, Waste Pro of Florida, Inc., and Waste Services of Florida,
Inc.
E. The Community Development Division of the Community Services
Department recommends the City Commission approve a change
order in the amount of $70,000 to the Gail Easley Company for
professional planning services in the preparation of the EAR-based
amendments and authorize the City Administrator to sign all
appropriate documents. ~-'~
F. City Administrator recommends the City Commission approve a
purchase order in the amount of $21,024 to Barnes, Ferland and
Associates for preparation of a response to a request for additional
information regarding modification to the City's Consumptive Use
Permit and authorize the City Administrator to sign all appropriate
documents.
G. The Purchasing Division of the Finance Department recommends the
City Commission approving award of Job Order Contract#03-08,
Miscellaneous General Construction I to Johnson-Laux Construction
in the amount of not-to-exceed $1,000,000 and authorize the Mayor to
sign all appropriate documents.
H. The Purchasing Division of the Finance Department recommends the
City Commission approving award of Job Order Contract #04-08,
Miscellaneous General Construction II to Ovation Construction, Inc.
in the amount ofnot-to-exceed $1,500,000 and authorize the Mayor to
sign all appropriate documents.
I. The Purchasing Division of the Finance Department recommends the
City Commission approving award of Job Order Contract #OS-08, ~
Miscellaneous Site Civil Construction I to Superior Asphalt of Central
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Florida, Inc. in the amount of not-to-exceed $1,000,000 and authorize
the Mayor to sign all appropriate documents.
J. The Purchasing Division of the Finance Department recommends the
City Commission approving award of Job Order Contract #06-08,
Miscellaneous. Site Civil Construction II to Blue Ox Enterprises, Inc.
in the amount ofnot-to-exceed $1,500,000 and authorize the Mayor to
sign all appropriate documents.
K. The Recreation Division of the Community Services Department
recommends the City Commission award RFQ #02-08 for
Construction Management Services for Reiter Park to McCree
General Contractors & Architects and authorize the Mayor to sign all
appropriate documents.
Commissioner Holt moved to approve the Consent Agenda as
submitted, Items A-K. Seconded by Deputy Mayor Bundy.
Discussion was held on Items D and E.
Discussion was held on the Job Order Contracts for Items G, H, I, and J.
• Mr. Drago said the Commission previously had a presentation by The
~ Gordian Group and approved developing the Job Order Contracts. The
Gordian Group has spent months developing the Program and provided
training for City staff. He advised the Contractors being recommended
• recently had training.
Commissioner Maingot inquired who would be monitoring the projects.
Mr. Drago said City staff would. monitor the quality of the work. He stated
if there was a problem with the contract then The Gordian Group would
rectify issues with the contract.
Commissioner Maingot said he would like to see less coming before the
Commission for change orders.
Mr. Drago said this system should reduce change orders substantially.
Motion carried. by a unanimous roll call vote.
10. ~ PUBLIC HEARINGS (PART 2)
C. City Administrator recommends the City Commission read by title
only and adopt Resolution No. 08-1202 adopting a Five Year Capital
Improvement Program for the Fiscal Years 2010, 2011, 2012, 2013,
and. 2014 pursuant to the requirements of Section 6.07 of the City
Charter.
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Ms. Roper announced having proof of publication for Items 10 C and TO D. ~
She then read Resolution No. 08-1202 by title only.
Mayor Sackett opened the public hearing. No one spoke in favor or in
opposition to the Resolution.
Commissioner Maingot moved to close the public hearing.
Seconded by Commissioner Holt and carried by a unanimous voice
vote.
Commissioner Anderson moved to adopt Resolution 08-1202
adopting a Five Year Capital Improvement Program. Seconded by
Commissioner Maingot and carried by a unanimous roll call vote.
D. The. Community Development Division of the Community Services
Department recommends the City Commission read by title only and
adopt Ordinance No. 08-1873 to readopt Chapter 74, Stormwater
Management of the Long~~ood City Code.
Ms. Roper read Ordinance No. 08-1873 by title only.
Mayor Sackett opened the public hearing. No one spoke in favor to the
Ordinance.
~;
The following spoke in opposition to the Ordinance:
Robert Wons, 705 Trinity Court, said the stormwater drainage fees were
imposed fifteen years ago by voter referendums for $3 a month for ten
years. He stated the ten years came and sunset, then it was extended for
another five years for $6 amonth. He said there were issues that have not
been addressed. There are canals the County states the City owns, and the
City states the County owns. He iziquired how long it was going to take
before the City and County come to an agreement. He stated the
Comprehensive Plan shows fixing ditches that are going to be ponds
sooner or later. He said there was a time for it to come to an end. He stated
they could always take this back to the voters.
Deputy Mayor Bundy moved to close the public hearing. Seconded
by Commissioner Holt -and carried by a unanimous voice. vote.
Deputy Mayor Bundy moved to approve Ordinance 08-1873 as
presented. Seconded by Commissioner Holt.
Deputy Mayor Bundy said in response to Mr. Wons, it was not a voter
referendum that approved the stormwater fees. It was approved by an
Ordinance fifteen years ago for ten years at $3 and the last time it was ~.~
approved at the $6 rate. He stated now that it is up for renewal they are
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• keeping the fee the same. He declared the ditches were owned by the
County.
Commissioner Anderson said the City does need to put in another word
with the County regarding the overgrowth, especially at the southern end
where it intersects Marvin. He stated the City was faced with a list of
projects and homeowners desperate to get. something done. He said he
respects Mr. Wons feedback not wanting this to go forward. However, he
has also heard from a lot of people that have said thank you, please get our
projects done.
Mayor Sackett said he goes the other way and hears what Mr. Wons is
saying. He stated it has been fifteen years and this equafes to $72 per
home. He said he understands the City has these items coming up, but the
idea of sunset means things should end. He declared people. can see the
benefits of stormwater fees. He stated he would rather see these funds
already in our taxes to take care of these items.
Commissioner Holt said he lived on a dirt road for many years. He
affirmed when the City paved the road the water was moved where it
should be instead of his front yard. He stated the problem was that the
Street Division had to go back and rectify all the problems that happened
in fifteen to twenty years. He said the pipes divert water from dry property
to where it is suppose to go and Island Lake was going to fill up since it is
a retention pond. He stated Longwood did not flood. daring Tropical Storm
Fay.
Commissioner Maingot said he understands that it could be part of a tax
deductable item. However, today it is a dedicated fiend that can bP spent
only on the stormwater system.
Deputy Mayor Bimdy said there seems to be some confusion regarding a
policy or fee to sunset. He stated the reason this was set up this way was
for it to be for a time certain. At the time it comes up for review it
provides the Commission a definitive opportunity to evaluate the fee. He
said with this being a dedicated fiord they can make long term plans.
Commissioner Anderson inquired if they could look at the possibility of
placing this on the non-ad valorem taxes.
Mr. Drago said it is currently charged on the water bills. He stated he
would look into the matter.
Motion carried by a four/one roll call vote with Mayor Sackett
voting nay.
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11. REGULAR BUSINESS. ~
A. City Administrator recommends the City Commission read by title
only and adopt Resolution No. 08-1200, which declares Resolution 06-
1140 null and void and adopts a Single Family and Duplex Driveway
Access Policy.
Ms. Roper read Resolution No. 08-1200 by title only.
Commissioner Holt moved to adopt Resolution No. 08-1200, Item
11 A, as presented. Seconded by Commissioner Anderson and
carried by a unanimous roll call vote.
12. CITY ATTORNEY'S REPORT. No report.
13. CITY CLERK'S REPORT. No report.
14. ADJOURN. Mayor Sackett adjourned the meeting at 8:35 p.rri.
ATTEST:
Sarah M. Minus, CMC, MBA
City Clerk
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