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CCMtg04-20-09Min LONGWOOD CIT~~ COMMISSION Longwood City Commission Chambers 175 West Warren. Avenue .Longwood, Florida MINU'CES Apri120,, 2009 7:00 P.M. Present: Mayor Brian D. Sackett Deputy Mayor John C. Maing;ot (arrived at 7:02 p.m.) Commissioner Joe Durso Commissioner Mike Holt Commissioner H.G. "Butch" ]Bundy Andrew Dayes, Acting City Attorney Tom Jackson, Acting City Administrator (arrived at 7:02 p.m.) Sarah M. Mirus, City Clerk Katrina Powell, Interim Director of Financial Services Laurie Mooney, Fire. Chief Dawn Jackson, Personnel Manager ° Ryan Spinella, Executive Assistant David Dowda, Interim Police Chief Absent: Teresa S. Roper, City Attorney (Excused) 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. Deputy Mayor Maingot and Mr. Jackson arrived at this point in the meting. 3. COMMiJNITY ANNOUNCEMENT'S. None. 4. RECOGNITIONS. A. District #5 Nomination of the Business Person of the Month Award for May 2009. Mayor Sackett nominated Terr~,ll Scott,, Manager of Tire Kingdom, Inc., 805 West State Road 434. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. None. 6. PUBLIC INPUT. A. Presentations. Mr. Richard ~3immons with the Range Riders would like to present and discuss the listing of the next ten applicants for the City Administrator ,position. CC 04 20-09/251 Richard Simmons with the Range Riders said the Range Riders were retired City or County Managers from the State of Florida. He stated they ~ volunteer and are elected both by the International City/County Management Association (ICMA) ,and the Florida. City and County Management Association (FCCMA). They donate their time and their expenses are paid by the Association, so there is no cost to the City. He pointed out that the City of Longwood has an unusual Charter and a provision that he personally thinks is incorrect and suggested it be changed. He stated they assist in hopefully finding the best. possible candidates, based on the specifications by the City. If requested, they will provide a shortlist of those candidates. He affirmed they did provide a shortlist for the City and was surprised they wanted to go to the next ten candidates.. He said they can do that, but could, possibly shorten it by saying that they based their criteria on a number of items. He pointed out that the City's advertisement in the ICMA Newsletter tated that the City wanted a requirement for five years of progressive experience, ten years being preferred. He affirmed the City had some really strong applicants. He noticed that the Commission attempted to place Ms. Katrina Powell on the list. He stated that Ms. Powell had a little less than two years experience as a Manager and was also an Assistant to a Manager. He said this did not mean she was not qualified, but she did not meet the City's requirements. He confirmed that. they went through all of the applicants and it appears that Ms. Powell was not included in the next ten, based upon the qualifications of the applicants having long tenure and experience in larger cities. He reiterated that this did not mean, if the ' Commission knows her, and she is qualified and has the background, that she could riot do the job. He stated if the Commission wanted to interview Ms, Powell, or anyone else, they would be happy to add her name to the list. He said they were here to help the City and not have a standoff where they would provide a number of candidates the Commission would not vote on. He stated he was here to tell the Commission they were sorry and would have worked with them to begin with had they known. Mayor Sackett inquired if the Acting City Attorney had brought himself up to date on the .Charter where this is referenced. Mr. Dayes advised he had reviewed the Charter in advance of this meeting. Mayor Sackett said there were eighty plus applicants and they brought it down to a rating system that was not Charter connected. He stated the contract was solely offered to the top candidate. He said, it was his . understanding that- any of the two to eight five applicants should be available to shortlist. Mr. Simmons said they normally list ten. candidates and would expect the Commission to select who they want. However, in this case they found that the Commission can't do that and they were told they wanted the next CC 04-20-09/252 ~ ten. He stated he had twenty-one with him and because of the Sunshine Law the Range Riders reviewing the applications can no longer discuss any differences. He reviewed the process they used. Mayor Sackett inquired if they could provide a disclosure of how they know some of the candidates. Commissioner Holt left the meeting at 7:12 p.m. and returned at 7:13 p.m. Mr. Simmons said because of being in the business such a long time, he did know some of the candidates, but not all of them. Commissioner Bundy said it needed to be pointed out that the Commission did not insert ten }ears preferred and the Charter states five years of progressive experience. He inquired as to whom inserted the ten years preferred into the adverti:~ement. Ms. Jackson stated that Mr. John Drago and Ms. Carol Rogers had inserted the ten years preferred into the advertisement. Commissioner Bundy stated he would lilee to see Ms. Powell's name added to the list. Deputy Mayor Maingot said he had no problem with that, but Mr. Simmons had indicated they had a number of first class individuals now in transition that he feels to be in 1:he category of qualified individuals and the experience they are looking for. He suggested if they are going to modify it, they should include those individuals as well. Mr. Simmons said he would be glad to rate that list, because he had been told to stay with what they had. Commissioner Bundy said if they haven't had the chance to evaluate these, he would rather give them the benefit of a few days to review these and add any to the list. Mayor Sackett said in looking ;rt the Charter, the Range Riders need to go over the list and if they cannot get through it, then they do a new committee as the third step. Mr. Simmons said there shoule~ not be a problem, as they have some really strong applicants. Deputy Mayor Maingot said they were the professionals that have done the evaluation and if these other applicants in transition were better qualified, he would suggest they be added. CC 04-20-09/253 Mr. Simmons said if there were any names the Commission would like to have added, they would like to be told now and they would be glad to add ~,J those names. Deputy Mayor Maingot moved to add on Katrina Powell and.the selected others that were in transition. Seconded by Commissioner Holt. Mayor Sackett inquired how quickly they could craft a list of candidates. He questioned if they could do this by Friday at the latest. Mr. Simmons responded in the affirmative. Commissioner Holt said he would like candidates that have experience in Florida. He stated he appreciated Mr. Simmons taking the time to be here. Commissioner Durso inquired if Mr. Simmons was of the opinion that the City's Charter needed to lose that provision. Mr. Simmons responded in the affirmative. Motion carried by a unanimous roll call vote. Chairman Bob Dallari with Seminole County Government will ~ conduct a presentation on the US 17-92 CRA. Chairman Bob Dallari said he was here to represent the Seminole County Board of County Commissioners. He said Seminole Cotmty has a Commtmity Redevelopment Agency (CRA) and a large portion of the CRA is along US 17-92 that encompasses the City of Sanford, City of Lake Mary, City of Winter Springs, and the City of Casselberry. He stated the portion in the middle that is incorporated by the City of Longwood is not included in the CRA. He said he was here to extend an olive branch to see if the City of Longwood would like to join the CRA. He stated one of the main reasons was that they are moving forward with a Master Plan, not just on zoning, but the future land use that encompasses things the CRA is planning on marketing on the 17-92 corridor. He said that the Planning and Development Director for Seminole County, Dori DeBord, was with him tonight. He stated they would like to open a dialogue to see if there were any issues. Mayor Sackett inquired what the CRA has been doing. Chairman Dallari said the CRA was the Community Redevelopment Agency and was a tool the County uses to redevelop an area. He stated they have helped several businesses offset some of their costs. He said ~ they have deemed a brown field area of the CRA and have renamed it the Seminole County Economic Enhancement Development District (SEED). CC 04-20-09/254 ~ He stated this was a way they ~~an keep tax dollars in this corridor. He said the benefit to Longwood was that they would not have to pay all the past revenues. The only funds they would be expending would be money going forward over the next eight ye:~rs. Mayor Sackett inquired what t:he CRA would look to do for Longwood. Chairman Dallari said it was not just Longwood. He stated the first. thing they would see. was a Master Plan on what type of development they would like to see in the CRA and an inventory of the properties. He affirmed if the City of Longwood decided to join the CRA, they would provide the City tools for marketing the 17-92 corridor within the municipal boundaries. He said the City would have access to all of the different. tools, as well as access to the County staff as it pertains to the CRA. Dori DeBord said she ran som~> numbers based. on the properties that are along the 17-92 corridor now, and based on the increments they would set, they would look at the value off' approximately $54 million of properly value in the City of Longwood. She stated this was a rough estimate and these numbers would need to lie validated. She advised with the roll back and the valuation, they are looking at property values dropping over the next few years. She said they would see the first increment coming around 2013 of about $7,000. She stated for the total of the rest of this eight year period for the CRA, they would estimate the City's value adding approximately $50,000 to the (~RA. Chairman Dallari said from now to 2013 there would not be any money exchanged, but the City would be a member of the CRA and the CRA would be funding the Master Plan. After the year 201.3, the City would be looking at a total capture of thc; 17-92 corridor of Longwood of approximately $50,000 over th.e remaining years. Mayor Sackett inquired if there was also a potential for a CRA for State Road 434 if the City did that. Ms. DeBord said that would be something, the City would have to take up as a separate issue. She advised that creating. a CRA was a statutory requirement. She stated the County and several of the other cities in the CRA were looking at the land use classifications and making some changes so they can more direst where some of the growth is going to go. She said when the County re-established their new Comprehensive Plan; it had amixed-use designation for the CRA. She stated the mixed-use i district allows for a variety of eases and does not allow for all of the uses currently on the corridor right :now. She said they were looking. at this for creating an option for a land use plan and a design plan that would continue to encourage those things and change the uses along the corridor. CC 04-20-09/255 Deputy Mayor Maingot said the City of Longwood has already developed a Master Plan for the entire City with our visioning, and with that we have ~j land use designations.. and design standards. He inquired to what extent the City would have input in the Master Plan. Chairman Dallari said they were not here to tell the City of Longwood what they should or should not do. He stated the CRA would not tell the City what they should or should not do either. He said once the City was a Member of the CRA, they would incorporate the City's vision. Deputy Mayor Maingot said in terms of the overall control, one of the problems he has always had is that the final decision on the CRA and what happens is vested solely in the Board of County Commissioners. Chairman Dallari said when it comes to the dollars that was correct. He advised the Redevelopment Planning Agency (RPA) Board was a recommending Board to the CRA. He affirmed the Board of County Commissioners was the CRA Board. He added that over the past couple of years the City of Sanford, as well as a couple of other areas that wanted projects, used the money from all of the 17-92 corridor, including the County's areas in those cities. Commissioner Durso said when he was campaigning, 17-92 was a big , problem for a lot of people. He stated that recently he has received some ~ ; phone calls regarding it. He said anything we can do to be more pro-active was the direction we needed to be headed. He inquired how much of a voice each individual city had in some of the decision making processes. He stated one of the biggest issues people have is the control issue. However, they understand it is a group effort, but they do not want to see the City of Longwood left out in the cold just as a donor. He said. he understands we are late in the game. Chairman Dallari said just in the numbers ,alone, because Longwood is twelve years late, the City of Longwood would never be just a donor. He stated any money being spent in the City would. be using money from all of the 17-92 corridor and not just from the City of Longwood. He advised Longwood would have one equal vote on the RPA Board. He said an applicant would make application to the County staff and it would be placed on an Agenda. Ms. DeBord said the other component to this was not just the RPA which is made up of the four Cities and the County, but they also have a Planning Technical Advisory Committee made tip of staff. She stated. the decisions that go to the RPA have been vetted through the staff., She affirmed the City staff would have the very option of making sure the vision of 17-92 was incorporated in any recommendations that would be moving forward. CC 04-20-09/256 ~ Commissioner Holt said the City previously had a presentation on the CRA and the main conflict wa,~ who was going to do what on 17-92. He stated this was the third timerc;presentatives have been here to discuss the CRA. He said he looks at this ;~s a partnership and it was not only the • current structures, but the futw~e structures that can be there. He stated one of the largest vacant masses was where the car dealerships were. He said with the economy the way it is, he could see items like mast arms for traffic signals. He stated now was the perfect time to look at this partnership. Chairman Dallari said one of the reasons they are doing the Master Plan is because they want to do regional stormwater retention ponds and look at regional parking garages. Commissioner Holt said he thought this was a good idea for the community and working with the County, it will all come to fruition. Commissioner Bundy said he has had multiple conversations with Chairman Dallari regarding this and looked into this prior to this evening. He said this was remarkably si:milar•to what the City had envisioned for 17-92. He stated he reviewed some of the Minutes of the RPA recommendations to the CR.A ]Board, and he could not find any instance of a recommended prof ect by the RPA being turned down by the County ~I~ Commission. He declared two projects that came up would more than compensate for the City's, contribution to the CRA. He said there were developers that have money available to do projects. He stated the other cities were behind Longwood coming onboard. He said it is contiguous and they need to work together. Ms. DeBord said one of the things the CRA recently did was to create two grant programs. One is a.mini-.grant program to help with landscaping, signage, and so forth along the corridor. She stated the more significant grant is a grant up to 20% of the value of a project from new construction up. She affirmed they were offering incentives to start to spring board projects on 17-92. Mayor Sackett said this was a discussion item, but he sensed that there could be a motion to bring this forward. Commissioner Bundy moved to have the Acting City Administrator put an a<;tion item on the Agenda of the first meeting in June for the Commission to fully discuss. Seconded by Commissioner Holt. • I Commissioner Durso recommended each of the Commissioners conduct research of the RPA and CRA Boards. CC 04-2U-09/257 Deputy Mayor Maingot. said he would like to see what the CRA has accomplished and what the plans call for over the next five, years. ~ ~ Chairman Dallari advised they were having a field trip of the RPA on May 7~' and will be traveling to South Florida to look at the State Road 7 CRA. He said if there was a member from Longwood that would like to accompany them, they would be more than welcome. Commissioner Durso expressed an interest in joining them. Motion carried by a unanimous roll call vote. B. Public Participation. Carole Pleasants, 1010 Waverly Drive, said she was from the Tiberon Subdivision at E.E. Williamson. and Rangeline. She stated their thirty five year old Homeowners Association is now defiulked. The developer turned it over to them as anon-mandatory association and they no longer have any participation or interest. She said she was here to plead with the City and ask for help. They have two entrances that they cannot maintain. She stated they have maintained these by donations and every year has gotten worse. They have no legal way to enforce people to pay. Deputy Mayor Maingot said one of the requirements, when they dealt with other associations when the City did the upgrades of their entrances, was a ' requirement of 60% of the homeowners to sign. He stated this gives the City the opportlmity to assess them and place the assessment on the tax roll. Ms. Pleasants said they were aware of that and they did hold an initial meeting with fifty homeowners in attendance and not one person was negative. She stated-they needed direction on how to proceed. Commissioner Durso said he wanted to make sure the residents fiilly understand the assessments. Ms. Pleasants said the neighbors are clear on this. She stated she discussed this at a meeting and they understood how this would be a tax assessment each year. Deputy Mayor Maingot said he looked at this area, and it was very doable and would be good for the City to help them out. He stated the people themselves would have to participate. Commissioner Bundy said there was a process to go through before the ~ City would even consider it. He stated they would have to have a petition of interest and theywould like to see greater than 60%. He said. there CC 04-20-09/258 ~ would. be very little money available for any capital improvements. He stated landscaping and mainte~iance would be more obtainable. Brandon Waltman, 960 Ridgemount Place, Heathrow, said he was here to apologize for his actions two and. a half weeks ago. He was involved with another person where they vandalized a sign between Lyman High School and State Road 436. Mr. Jackson said the Wattman family has asked that Brandon's public apology be accepted and that the restitution for this be equal to the cost to replace the sign. He stated if the City Commission chooses not to pursue official .action on this and accept his apology,, then that would resolve the issue. He said sometimes poor decisions are made in the blink of an eye and should it happen a second time, then that. is a trend. In this situation, and given the total scope, he would suggest the Commission accept his apology and waive any further action. Mayor Sackett inquired what h:e learned from this event. Mr. Waltman, said he learned n.ot to be involved withpeople he knows can be capable of something like tlus. He stated he could have decided not to go along with this and could hive told the other person no. Mayor Sackett moved to accept his apology and follow the procedure the Acting City Administrator stated. Seconded by Deputy Mayor Maingo~„:. Commissioner Bundy said with a stern warning not to ever have this happen again. Mr. Waltman affirmed it would never happen again. Commissioner Holt said he deals with matters like this all the time and it is disheartening to see the youth doing. these things. He stated the Commission is trying to find programs to keep the youth busy. He said Mr. Waltman was being dealt `with very fairly and would hope the Police Chief or other Officers would ~iever see him again. Motion carried by a un~mimous voice vote. Commissioner Bundy said it took a lot of nerve for him to come forward and make. this public apology. ~ Jeffrey Reine, Capital .Planner with Lyrix said he came before the ~ Commission a few months ago and said they reanalyzed their database regarding. the stops on 17-92. fIe advised there were actually sixteen stops in the City of Longwood. He si:ated two of these have existing shelters and there were thirteen stops suitable for shelter installations. He said there CC 04-20-09/259 - ~ would be a total of eleven shelters for the City rather than the original six ' they had. discussed. He stated under stimulus there would be two shelters `,~1 i designed and installed. He affirmed there would'only be two stops in Longwood not suitable for shelters. He was asked to have complete site plans for the shelters and in the packet provided, 'there is a brief description for each shelter, cost ofinstallation, and approximate cost of ' the shelter and the associated amenities, with a series of site plans for each. He said they have changed the type of bench and the benches will now have a back. He advised the new State Road 434 route will be starting Apri126~' and will begin at 5:3'0 a.m. at the Oviedo Marketplace and will end at 9:35 p.m. at Rosemont. Commissioner Bundy said Lynx did make a request to waive building permit fees for the shelters. He stated they have instructed staff to inform them that they do not have the authority to waive the fees because they are in an Ordinance. ~He advised they were in the process of changing the Ordinance so they will have the authority under special circumstances. Deputy Mayor Maingot said he wanted their operation to be successful and part ofthat requires communication of the schedule of operation to the potential ridership. He inquired how they planned to do that with the 434 ' Route. 1VIr. Refine said they have been advertising it and he would provide that information. He said there were existing signs and they were in the ' process of finding where their higher riderships are to be able to place bus schedules. Matthew Farr, 145 Fig Tree Run, said he-was representing Longwood Club and wanted to address the unauthorized natural barrier destruction by the Florida Surgical Repair new building. He stated in order to reach the sewage pump .station that lies near their property, they had a six foot easement through the wooded area that was a natural barrier to Longwood Club. He said the builder eut down a twenty to thirty foot unauthorized swath all the way back to this area in order to install a six inch pipe. He stated they were a community of approximately 73 homes made up mostly of young adults with children and this particular cut in the tree line abuts the playground. He said they have been trying to get them to address their concerns and have been talking to a brick wall. Prior to the start of the construction, their Board of Directors expressed concern to the City of losing this natural barrier and people being able to come in from the street. He stated they came home one day to find the trees gone and an unprotected six foot hole dug, near their tot lot. He affirmed during the period of August 2008 to January of 2009 they have been in constant contact with the City of Longwood following this tree. cut and have i requested. the developer replace the trees: they cut down to replace their natural barrier. He said that each of them. made proposals and their proposal was rejected. He stated they did request the City to allow them to CC 04-20-091260 ~ review the tree replacement pl~~n. He said. they did have some comments on the first plan submitted to them for review and the next thing they knew, the trees were going in. He stated they have already observed people using the parking lot bE.hind the building to hang out. He affirmed this is a big concern to them be;cause of it being. right next to their children's playground. They requested the City to put a little pressure on the developer to respond and replace the barrier they took out. Commissioner Holt inquired if' a wood fence would help them. Mr. Farr responded.in the affirmative. He said it would take approximately fifteen panels to cover this area. Mr. Jackson said the Florida -Surgical property was to the south of where this tree cut occurred. He stated the swath was about twenty-two to twenty five. feet wide and sixty feet long. Prior to cutting through here, there was no barrier other than the natur~~.l vegetation. He said at one point Florida Surgical put in a barricade of stockade fence across there and that wasn't acceptable,. so they removed it.. He pointed out on a photograph where the lift station is located• and said the tot lot is about one hundred and twenty five.. feet from the lift station. l [e stated there was nothing along the whole border other than natural vegetation. He said the proposal was to put. sixty five trees in this same area that: would be a solid block of pine at maturity. ~f He stated Florida Surgical, put cedars along the property line. He said another resolution was that the homeowners wanted .more decorative landscaping. He stated if you g;o from where this easement was cut through to the north towards tl ie back of the daycare center there is still nothing there that would restrict somebody from walking through the woods into the subdivision. He- affirmed the developer put in the cedar trees and pine trees. He said he- had photographs where they put in a stockade fence earlier and it w,~s taken. out because it was not acceptable. Mr. Farr said they put up a six foot stockade fence that had nothing. on either side. He stated there was thirty to forty feet on either side that was still clearly accessible. He saki the problem was that you can walk right from the street through the parking lot and hang out there. He stated they have already seen instances of this going on with no one checking on it and this is right next to their children's playground. Deputy Mayor Maingot said h~~ saw the cedar trees going in and they were thirty to forty five gallon cedaa• trees. He stated this was natural vegetation that has been interfered with, .and it will take some time to reestablish itself. He said the only thing that was separating the playground from anyone who wanted to get into the area was natural vegetation. He ~ declared the stockade fence was a good effort on their part to block this of£ He stated anyone could have gotten in there had they wanted to, and they have showed good faith b~y planting trees in the area. He said that somewhere along the line they need to come to some sort of mutual CC 04-20-09/261 appreciation and understanding. He stated he would walk this area himself tomorrow after his work. He said there needs to be some give and take on ~ ~ both sides. Commissioner Bundy said in talking with the Administrator last week, one of his major concerns was that staff told them they would have an opportunity to look at the final plan so they would have the opportunity to make comments. He stated this clearly was not done. He said staff also told them the building had to be brought out closer to the street after the site plan had been approved. He stated. all the developer did was to change the design of the building and turn it around so that what was originally intended to be the back of the building. faces the front. He said he understands this vegetation will eventually grow in, but his concern is who will take the responsibility in the interim. He declared another problem arose with the property last week in that they put up a chain link fence on the south side of the property and this is in direct violation of the Code. He stated. they would be applying for a variance and if he shows some movement on this, he would be willing to .look at an effort on achieving something, on the fence.. He said it would behoove the developer to put up fifteen panels of wood fence and the residents will take-care of landscaping on their side. He stated the fence, was. a black vinyl fence and was not unattractive and he would be willing to grant. a variance. Mr. Farr said they would be willing to maintain the..fence once it is installed. He stated what they had before was a stand. alone fence that was ~ ' an island in a sea. Commissioner Durso said he would,questionifthey removed these trees without permits and what kind of legalities are involved with following up with this. Mr. Jackson said they were junk trees and the easement from their site plan to the lift station wasn't contained within the site plan because of their contractor's error. When the request was made to put in the sewage easement, no one realized it wasn't on their property. He stated they restored it with the tree points we required and they were given tree point credits for placing the cedar trees. Commissioner Durso said this looked: like a model tree replacement. He inquired what they would like as a solution. He stated it would be more effective if the community presented .amore solid idea of what they would like to happen. Susie Dolan, 1083 Cross Cut Way, thanked the Commission for appointing her to the .MetroPlan Orlando Citizen's Advisory Committee. She said the MetroPlan Orlando was the planning organization for Orange, ~ Osceola, and .Seminole Counties for the Orlando urban area. MetroPlan Orlando provides the forum for elected officials and transportation experts CC 04-20-09/262 ~I to worktogetherto improve mobility for Central Florida residents, businesses, and visitors. She stated the Citizen's Advisory Committee (CAC) ensures the public has the opportunity to review and evaluate all proposed transportation plans :end programs. It is composed of representatives appointed, by local counties and municipalities and the CAC expresses opinions, concerns, and recommendations to the Board on behalf of the regions they xeprf>sent. She gave an update of the activities the Committee has addressed over the last quarter. A new statewide. advocate is the Florida's Urban Transportation Coalition and they are mobilizing to advance transportation priorities for urban areas. She said the Coalition identified five irr.+mediate Legislative priorities: 1. Protecting the transporl:ation trust fund. 2. Securing legislative approval for a local option rental car surcharge. 3. Addressing a parity issue in the State Statute with the Charter County Transit System Surtax. 4. Approving liability lanuage required for SunRail. 5. Restoring funding to the State.'s Road Ranger Program. Ms. Dolan stated in addition tc+ the short term Legislative priorities, members also identified a long; term need to better address the statewide i disconnect between land use p:~anning and transportation planning. Another hot topic recently at their meetings has been the 2030 Long ~i Range Transportation Plan and the IVletroPlan Orlando Board is on track to adopt the regions Twenty Year Transportation Plan by September 2009. Areas that effectively incorporate transportation planning when making land use decisions were studie+i in an effort to identify strategies to decrease the link and duration of commuting trips in the region. The effort is part of a new approach to the Long Range Transportation Plan for the year 2030... She stated the process aims to create communities where people can live, work, and pla~~ in the same area and as a result reduce traffic congestion. She said these tie in with the concept we are doing in Longwood and the work with ACi. She stated MetroPlan Orlando has recently launched a new website component dedicated to the Long Range Plan and creates a forum for p~zblic involvement at www.metroplanorlando.com by clicking on the 203'0 Long Range Transportation Plan. She advised Public Hearings are scheduled throughout the summer prior t+~ the final vote to adopt the 2030 Long Range Transportation Plan. Finally,. SunRail is always a topic on the top of the list. 7. CONSENT AGENDA. A. Approve Minutes of the March 23, 2009 Special Meeting, the March i 30, 2009 Special Meeting, and the Apri16, 2009 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for May 2009. CC 04-20-09/263 C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for March 2009. ~J ~ D. The Community Development Division of the Community Services Department recommends the City Commission approve awarding a work authorization with Metzger & Willard, Inc., for professional general engineering services in the amount of $6,875 and authorize the~City Administrator to sign all appropriate documents. E. Acting City Administrator recommends the City Commission approve the adoption of the Collective. Bargaining Agreement between the City and the Longwood Professional Firefighters Association, Loca13163 for the period of October 1, 2008 through September 30, 2010 and authorize the Mayor to sign the agreement. F. The Community Development Division of the Community Services. Department recommends the City Commission approve a purchase order to Superior Asphalt in the amount of $111,93"5.32 to replace a damaged section of 36" HDPE stormwater pipe along Lakeview Drive: G. The Community Development Division of the Community Services Department recommends the. City Commission approve a purchase order to McCree General Contractors in the amount. of $50,317.50 to ~ replace a section of pipe at Reiter Park. ~ Deputy Mayor Maingot moved to approve Consent Agenda Items 7 A, B, C, D, E, F, and G, as presented. Seconded by Commissioner Durso. Discussion was held regarding Items 7 E and F. Commissioner Btuldy moved to amend the motion to pull Item 7 D. .Seconded by Commissioner Holt and carried by a unanimous voice vote. Main motion carried, as amended; by a .unanimous roll call vote. Mr: Jackson said Item 7 D was in regards to the Continuing Service ' Agreement with. Metzger & Willard, Inc., that expired April 16~', and the $6,875 is a month to month contract until the Commission decides which direction they are going to go as far as a City Engineer. Commissioner Holt nquired.whythis can't go out to an RFP. He said he would like to see this company doing less and start to look in a different ~ direction. CC 04-20-09/264 Mr. Jackson said there are four projects that are currently in progress with Metzger & Willard. He stated this month to month is not the total scope of ~ his services. This is the month. to month for his weekly review. He said the instruction was not to start anv new proj ects. Commissioner Bundy said it was his understanding that they were not going to do an RFP and this was the stop gap to bringing it back in house. He stated that was the instruction givento the Acting Administrator at the last meeting. Deputy Mayor Maingot moved to approve Consent Item 7 D as presented. Seconded b;y Commissioner Durso and carried by a four/one roll call vote ~~ith Commissioner Holt voting nay. 8. PUBLIC HEARINGS. A. The Finance Division of the )Financial Services Department recommends the City Commission read by title only and adopt Ordinance No: 09-1890, which amends the Fiscal Year 08/09 Budget. Mr. Dayes announced having )proof of publication. He then read Ordinance No. 09-1.890 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Commissioner Holt moved to adopt Ordinance No. 09-1890, as presented,. Item 8 A. Seconded by Deputy Mayor Maingot and carried by a unanimous; roll call vote. B. Acting City Administrator recommends the City Commission read by title only and adopt Ordinance No. 09-1891 amending Article IX of the Longwood Development Code relative to the taking of private property by a governmental agency. Mr. Days announced having p:coof of publication. He then read Ordinance No. 09-1891 by title only. Mayor Sackett .opened the public hearing. No one spoke in favor of the Ordinance. I ~ Commissioner Holt left the mf;eting at 9:28' p.m. and returned at 9:29 p.m. CC 04-20-09/265 Mr, Jackson advised a Memorandum was placed in the Commissioner ~ i mailboxes from Mr. Ed Barfield with his suggested amendments, as well as a Memorandum from Mr. Curt Ardaman addressing his concerns. The following spoke in opposition to the Ordinance: Jim Ellicott, Licensed Real Estate Broker and State Certified General Appraiser with the. General Counsel's Office of the Florida Department of Transportation (FDOT). Ed Barfield, Licensed Real Estate Broker and State Certified General Appraiser, said the Commission had been provided a copy of what he and Mr. Ellicott have concurred would be appropriate modifications to the Ordinance as originally presented at the last Commission Meeting. He stated they believe these additions and modifications do make for a better Ordinance. and it does meet the objective of their original intent to have such an Ordinance adopted by the City of Longwood. He affirmed that was the purpose of their meeting with the Commissioners individually to address the need for .such an Ordinance. He reviewed their recommended amendments as depicted in the Memorandum to the Commission. He said they have had issues from the beginning with the non-binding language. He affirmed they have no problem with the approval given by the Commission of a proposed Cost to Cure Program not being binding on a j property .owner, unless that. property owner applies to the City for approval ~j of it or if they settle the litigation with the Department. or any other government agency doing the project. He explained their concern was that once the. property owner.and their attorney see this non-binding language, they are. not -going to settle with the agency involved with the project. He continued to review their proposed language. Deputy Mayor Maingot said that in Mr. Ardaman's letter to the Commission, the three items, as suggested, have been corrected. Mr. Barfield said he would like. to comment that the substitution of "and other improvements" in lieu of "signs" was perfectly acceptable. Commissioner Durso requested Mr. Barfield to explain the reasoning behind replacing "non-binding determination" with "reliable. determination". He said this was not so much of a definition as it was a part of the Ordinance. He stated he understands the reasoning of having it non-binding on the property owner and the goal to have it binding on the City. He said they would basically be pre-approving a variance. Mr. Barfield said when the condemning authority would seek approval for their Cure Plan the City Commission will have approved that. He stated they were looking for the owner, if he settles with the condemning authority for the acquisition for his property, he knows that when he ~ comes to the City, he will be able to get a permit to do the Cure .Plan. CC 04-20-09/266 Commissioner Durso• inquired. if the way this reads, it didn't make it non- binding on the property owner; and binding on the City. I Mr. Barfield said the way the ~~riginal language was written in the Ordinance prepared for the. last meeting, it was not binding in the sense that it could not be relied upon. He stated the owner could not. count that the determination letter the City would be issued would actually be something he could take to the; Commission or City and obtain a permit or approval. Commissioner Durso inquired if it would clarify their problem if the one section was changed where it ;Mated it would be likely to be approved so that if the Cure is approved by the Commission, then it is approved. Mr. Ellicott said the non-binding was the real problem. Commissioner Durso said he was okay with it being binding on the City if the Cure Plan has been. approved. Mr. Barf eld said you could not go to a property owner and tell them they think the City will be okay with this and offer them an amount to execute the Cure Plan. ~'i Commissioner Bundy said he didn't have a problem with it being binding on the City. However, at the point it is accepted by the property owner, either by negotiating a settlement or going to court, then it has to be binding on the property owner and they have to follow through with it. He stated if there is language binding the City, there has to be language binding the property owner, even if it is at some future point upon acceptance. He said he thought this was settled at the last meeting and inquired why it was not included. Mr. Ellicott said the changed language they are recommending addresses exactly what Commissioner Bundy stated. Commissioner Bundy said it goes part of the way, but they have not addressed -the property owner. He reiterated this decision was made at the last meeting and it is not in the- Ordinance. Mr. Barfield reviewed the proposed language and said if the owner settles it and they say that is what they agree to for both sides, that owner is bound by it. i IVIr. Ellicott said what is in the Agenda Packet appears to be exactly what ~r was in the Agenda Packet the Nast meeting. Mr. Barfield advised that he hard a different version. CC 04-20-09/267 Mayor Sackett said if the Commission does not have what Mr. Barfield is talking about, then their Agenda Packet does not have the updated version, ~ unless it is what was placed in their mailboxes. He inquired what, was j appropriate for how they proceed. Mr. Dayes said Mr. Andaman made three suggestions to amend. He stated Mr. Andaman reviewed the changes that were contemplated by FDOT and had some concerns. Mayor Sackett said that Mr. Ardaman's changes were based on the memorandum they received on Thursday and not what was in the Agenda Packet. Commissioner Bundy inquired if the doctument in the Agenda Packet states it is binding or non-binding. Mr. Dayes advised the document in the Agenda Packet states it is non- binding. Commissioner Bundy said they gave instructions at the last meeting for it to be binding on the City and at a point in the future. to be binding upon the property owner. Commissioner Bundy moved to extend the. meeting. Seconded by Commissioner Durso and carried by a unanimous voice vote. Mayor Sackett .inquired if they could not do anything on this Public Hearing until they have this into their record. Mr. Dayes said it was his understanding that the changes. suggested in number two and three could be made tonight. Commissioner Durso said the property paperwork was obviously not in front of them. Commissioner Durso moved to table for the Acting City Administrator; City Attorney, and all of the appropriate parties to bring the Commission back. an. Agreement at the May 4t Meeting. Seconded by Commissioner Bundy. Commissioner Bundy said they need to make it a time certain. He stated he did want someone to listen to the audio of the corrections made at the last meeting and make sure these are implemented. Motion carried by a unanimous roll call vote. Mr. Ellicott said he or Mr. Barfield would be willing. to meet with anyone to go over this information. CC 04-20-09/268 C. The Finance Division of the :Financial Services Department recommends the City Comm~.ission read by title only and adopt Ordinance No. 09-1892, which amends the Fiscal Year 08/09 Budget. Mr. Dayes announced having.. proof of publication. He then read Ordinance No. 09-1892 by title only. Mayor Sackett opened the public .hearing:. No one spoke. in favor or in opposition to the Ordinance. Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Bundy and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 09-1892,. as presented, Item 8 C. Seconded by Commissioner Durso and carried by a unanirnou:~ roll call vote: D. The Finance Division of the l~~ financial Services Department recommends the City Commission read by title only and adopt Ordinance No. 09-1893, which amends the Fiscal Year 08/09 Budget. Mr. Dayes announced having proof of publication. He then read Ordinance No. 09-1893 by title only. Mayor Sackett opened the. public hearing. No one spoke in favor or in opposition to the Ordinance. Deputy Mayor Maingot, moved to close the public hearing. Seconded by Commissioner Bundy and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 09-1893, as presented, Item 8 D. Seconded by Commissioner Durso and carried. by afour/one roll call vote with Commissioner Holt voting nay. 9. REGULAR BUSINESS. . A. The City Clerk recommends the City Commission review the recommendations from the Iahcs Committee and take the action the Commission deems appropriate. Ms. Mirus said last year the Commission appointed an Ethics Committee. ~ She stated the Ethics Committee met several different times and attached to the Agenda Item are their recommendations for the Commission's consideration. She said these recommendations have been reviewed by the City Attorney and her comments are .included. She did notify the CC 04-20-09/269 Members of the Ethics Committee that this would be coming before the Commission. ~ Commissioner Bundy inquired if each Member of the Ethics Committee gave their recommendation. Ms. Mirus responded in the affirmative and said that is what was attached. She advised in the Agenda Item it also acknowledges the following recommendations were made at the March 12, 20,09 Ethics Committee Meeting: • A basic rule is to do nothing as a public servant that would net you a private gain. • Request the City Commission consider appointing a permanent .Ethics Committee for the City. Commissioner Bundy inquired why they received individual recommendations. He said they appointed a Committee to come back with a recommendation and asked if the Committee could not agree. Dan 1VIcCoy, Vice Chair of the Ethics Committee, said they had a number , of meetings and had made a lot of ideas. He stated each Member had crafted different sections they were going to put together. The Chair then asked them to put together what they would think the recommendation should be. They were going to incorporate those and the Commission told ~ them they wanted this done by the end of their next meeting. He said they attempted to get some of this accomplished by each Member submitting information. He stated for various reasons, no quorum, and not having a full attendance at a meeting were issues. He said when they were notified that they needed to complete their recommendations, they felt it best if they all came up with their ideas and present these to the Commission. Deputy Mayor Maingot said he attended their last meeting and it was very confusing. Commissioner Durso said there were some good recommendations. He stated there were a number of issues that are addressed by State and Federal Law that we cannot change. He said there was a recommendation that they should not use their position to influence others. He stated that was entirely why they were here, and if it wasn't for the actions of many of the City Commissioners and County Commissioners, the Commuter Rail would have died two months ago. He said their j ob was to influence policy and that is why people. elect them. Mayor Sackett said he and Commissioner Bundy originally said they needed something that was more of an introduction of what Ethics was all about. CC 04-20-09/270 Commissioner Bundy said with this they are right back where they were. He stated they were looking for a community effort and this was not what they were asking for. ,He said they were looking for the Committee to make some recommendations and it was still ultimately up to the Commission to make a determination. Mayor Sackett said it seemed like it was working. in that way and Ms. Redditt withdrew the one recommendation. He stated they had the preamble, and the public interest conduct; and there seemed to be a format to how it was going to fall into place. He said it seemed to be a workable model that could be reviewed ;rnd determined by an Attorney. He stated he was disappointed that this didn't happen and said he did appreciate their efforts, but nothing really materialized. Deputy Mayor Maingot said, from. what he understands, the Ethics Committee had a hard time co~.ning together and there were a number of opportunities where they did not have the required number of people in attendance. Mr. McCoy affirmed they did :have an issue with attendance. Deputy Mayor Maingot said tl e City Attorney looked this over and it l satisfies the legal requirement:. He stated it needed to be looked at in light of what the applicable laws ar€; that are in existence and whether some of these things can be adopted or are completely overboard. Mayor Sackett proposed they accept this as it.is, but they don't really have anything to act upon. He said they do need to look at it again in the future. Commissioner Holt said the Vice Chair just mentioned they had a problem with attendance, so the recomraendatiori for the. Commission to consider appointing a permanent Ethics Committee was out of the question. He stated they were under the microscope everyday 24/7 regardless. Commissioner Durso said the State of Florida has one of the strongest Ethics Laws and Open Government Laws in the country. He did not want to create another board that they would have to keep track of when there was no need. He reiterated that the State and Federal Laws and the Supervisor of Elections in each County address these issues in many different ways. He did not agree in accepting this as presented, because there are a number of legal challenges.. Mayor:Sackett said he did not say to keep,moving this along, it will be filed and he does not believe this works. Commissioner Bundy said if it were the State Statues, he would like to know specifically on which any of these suggestions were in violation. He stated there was a reason for wanting it looked at and the Commission CC 04-20-09/271 wanted to look at it. He said they didn't turn their responsibility over to the Ethics Committee, they were hoping the Committee would come up ~ with some issues from a community aspect or standpoint. He declared he ~ was not willing to let it drop and suggested each .Commissioner spend a little time to come up with what their suggestions are. He stated they gave the Ethics Committee a tremendous amount of resources. He said he was not in favor of setting up a permanent Ethics Committee and that was why ' they had this Committee with a date to sunset. He stated they needed to get the consensus from the Commission whether they want to move forward with it. Commissioner Bundy moved to move forward with this for the June 1St meeting. Seconded by Mayor Sackett. Deputy Mayor Maingot said he would recommend that in the interim, it would be useful to have the City Attorney to review what has been ' presented, and determine beyond a reasonable doubt whether some of this can stand, or whether it is just not applicable. Ms. Mirus said they can compile the listing of what the Commissioners submitted, and what the Committee had submitted. Motion carried by a four/one roll call vote with Commissioner -Durso voting nay. B. The City Clerk recommends the City Commission discuss and make any suggestions for amendments to the City Charter, and take the action the Commission deems appropriate. Mayor Sackett said the dialogue started at the last meeting. He requested the City Clerk to give them a timeline of how things need to be in place for Charter revisions. Ms. Nlirus said if the Commission proposes any changes to the City Charter, then the proposed amendments would be placed on the ballot and an Ordinance would need to be adopted in .order to do so. She .stated an - Ordinance'approving the placement of questions on the ballot must be ' adopted prior to the issuance of the Election Proclamation. Therefore, the deadline for final adoption of the Ordinance is July 6, 2009. Upon adoption of the Ordinance, a Resolution establishing. the ballot language must be prepared and approved by the Commission. Mayor Sackett inquired if any of the Commissioners had reviewed, n- depth, since. the last meeting, and how did they want to proceed in looking , at Charter revisions. Commissioner Bundy said there. were some other matters he had looked at ~ earlier on that he thought might need to be amended.. However, they have CC 04-20-09/272 been able to address these through some changes in Ordinances and procedures. He stated the one area was really an easy fix by just voting to eliminate it and set by Ordina~ice on how to process. Mayor Sackett instructed the City Clerk to specifically bring this one section up at the next meeting., He suggested they all review the Charter and provide to the City Clerk :items they would like discussed for the next meeting.. C. Acting City Administrator recommends the City Commission review a lease agreement with T-Mobile for the construction of a cell phone tower at Fire Station 17 and give staff the direction deemed appropriate. Mr. Jackson said this Contract was before the Commission for review previously and there was somf; language in it that Commissioner Bundy had some concerns with. He skated this has been addressed and it was before the Commission at this time for review. Commissioner Bundy moved to approve the Lease Agreement. Seconded by Mayor Sackett. Deputy Mayor Maingot reviewed the Agreement and outlined his ~I concerns regarding verbiage under Item two.. Commissioner Durso inquired if all. of the Firefighters' concerns had been addressed. Commissioner Holt pointed out that more than one company would be able to access the property, thf;n in one paragraph the City will not be allowed to use the property. Lauralee Weston, onbehalf of T-Mobile, said she had the opportunity to speak with Ms. Cindy Carbonell earlier and she will be attending their Union meeting the last ~Tuesda.y of this month. She stated she believed she would be able to alleviate any concerns they have. She: said she had a brief presentation and she had quotf;s from the World Health Organization, the American Cancer Society,. and. the Federal Communications Commission (FCC), Commissioner Durso said the Firefighters had produced a study on what these towers can do when they are in close proximity. Commissioner Bundy suggested it be tabled to the next meeting so it can ~ be discussed with those who v~~ould be directly impacted. 1VIs. Weston suggested since they are here and have the ability to talk about the other issues in the lease that they discuss these so she can have. CC 04-20-097273 any changes made and available to be brought back at that time. She said Mike Burkett was the Real Estate Agent that handled the lease ; negotiations. i Mike Burkett, 1133 Louisiana Avenue, Suite 114, Winter Park, said they were leasing a square of land from the City to replace a communication tower that is already in existence at the Fire Station. He stated it is a flag pole structure and by'the very nature of the design, all of the antennas, coax, and wires are located inside the tower. He said when it talks about the limitations, he explained that the equipment changes from time to ' time, the antennas are replaced, radio cards, cabinets, and generators. He stated there was some flexibility withthe ground equipment and what goes inside the. tower, so this is common to~have operation and maintenance people enter. Commissioner Durso left the meeting at 10:47 p.m. and rettuned at 10:49 p.m. Discussion ensued regarding the consent for individuals to enter the property and the equipment being changed. Commissioner Bundy said if they would have to come up with an engineering plan to .have a more powerfiil antenna and that would require approval by the City. He pointed out this was included in the Lease ~ Agreement. Deputy Mayor Maingot left the meeting at 10:55 p.m. and returned. at 10:56 p.m. Commissioner Bundy moved to table this to the first meeting in May. Seconded by'Mayor Sackett and carriedby a unanimous roll call vote. 10. ACTING CITY ADMINISTRATOR'S REPORT. Mr. Jackson reported he had an electronic mail that was forwarded to him regarding water restrictions. He said they were looking into this matter and would have answers within the .next few days. He advised Codes Enforcement was .looking, into the matter regarding the dog bite in Longwood Plantation. He reported they were working on a Tree Bank Ordinance and will bringing this forward. He spoke with ATS regarding the red light cameras. He said he had contact with three vendors and intended to go with ATS. He stated they were in Casselberry and Winter Springs and would have the capabilityto share a Hearing Officer if they so choose. He said a determination will be made over the next few weeks regarding which intersections to place these cameras. Mr. Jackson said Interim Chief Dowda pointed out. regarding the concern of Longwood Club, they had already established an area,of patrol for the property of CC 04-20-09/274 Florida Surgical. He stated if they cor.itinue the policy of parking to the rear, it will only enhance the problem for lave enforcement to be able to drive by and ~ check properties. . Mr. Jackson reported he brought forth. at the last meeting,.the total of the City's cost for repair to vehicles and the Building Official. He said he would like some feedback regarding these matters. Mr. Jackson reported that effective September 1,.2009, Chief Mooney will be retiring. He pointed out that at that point every Department within the City will have an Acting Department Head in place. He said the time of putting together a good solid team of permanent people was growing near. 11. MAYOR AND COMMISSIONERS' REPORT. .District #3. Commissioner Holt requested that someone place an "X" with orange marking paint where this new Mower is to be placed. He referenced a Memorandum dated Apri16, 2009 from Ms. Powell to Mr. Jackson.regarding the Building Official position. He inquire~3 how they should act upon this. Mayor Sackett said that would be an e~mpioyee and he was making the recommendation to bring this in-house. He suggested they have a motion for this position. Commissioner Bundy suggested a motion for the Acting Administrator to bring it forward for the position to be back in-house. Mr. Jackson. said they were currently under contract to out source the position. He suggested the direction would be to ,deaermine what the next step would be to terminate the contract, and then move forward with interviews to re-establish the position. Commissioner Holt suggested they do the same with the mechanics and fleet maintenance position. Commissioner Bundy suggested they :look at all of the contracts that have been outsourced, including Severn Trent. District #4. No report. District #5. Mayor Sackett reported rie received a concern regarding Shadow Hill and the grass that was put in.. Mr. Jackson. advised he had Mr. Smith contact the contractor to replace the grass. i ~ Mayor Sackett thanked Deputy Mayor Maingot for attending the Longwood Plantation meeting. He reported the mast arms over 434 and 427 were looking bad and. were in need of paint. CC 04-20-09/275 Mr. Jackson said Seminole County Traffic Engineering maintains those and he will contact them. ~ Mayor Sackett.said the Car Show this past weekend was wonderful. He said Reiter Park was moving along and he has had inquiries regarding it. He stated he understood there were funds for a,pavilion. Mr. Jackson responded in the affirmative and said this has been carried over and they will move forward with this. District #1. Deputy Mayor Maingot reported at the Longwood Plantation function he expressed, the need for support in Tallahassee with regards to the Commuter Rail. He said with the help of the City Clerk, he sent out information to the homeowner associations regarding contacting the Senators. Commissioner Bundy said he spoke with Mr. Robert Cortes this weekend at the Car Show and he said according to him he received six hundred electronic mails from the residents. District #2. No report. 12. CITY ATTORNEY'S REPORT. Mr. Dayes reported Mr. Michael Towers had contacted Mr. Donovan Roper to request a Shade Meeting regarding settlement proposals for the Oakwood matter. Mayor Sackett suggested they wait until the next meeting to schedule the Shade Meeting. Mr. Dayes said he has a draft ordinance that addresses variances for permitting fees. Commissioner Bundy said the Runge Codes Enforcement Case was set for a rehearing .and part of the agreement was that the current Chair either recuses himself or is asked to be recused from. He stated the Commission-needs to be very specific that he will recuse himself and not be allowed to participate. in the hearing on this case. Commissioner Holt inquired where they were with the At-Will Contracts. He requested information be placed in their mailboxes regarding this matter. He also requested information on the ongoing Waggoner ease. 13. CITY CLERK'S REPORT. No report. CC 04-20-09/276 ~ 14. ADJOURN. Mayor Sackett adjourned the meeting at 11:14 p.m. i Brian D. Sackett~r ATTEST: - ~ ;moo Sarah M. IVlirus, MMC, MBA City Clerk CC 04-20 -09/277 This Page Left Blank Intentionally. CC 04-20-09/278