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CCMtg05-04-09Min LONGWOOD CIT COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida _ MINU'.TES May 4, .2009 7:00 P.M. Present: Mayor Brian D. Sackett Deputy Mayor John C. Maingot Commissioner Joe Durso Commissioner Mike. Holt Commissioner H.G. "Butch" Bundy Donovan A. Roper, Acting City Attorney Tom Jackson, Acting City Administrator Sarah M. Mirus, City Clerk Commander Russ Cohen, Police Department David Dowda, Interim Police. Chief Katrina Powell, Interim Director of Financial Services . Laurie Mooney, Fire Chief Ryan. Spinella, Executive Assi:~tant 1. CALL TO ORDER. Mayor Sackett gilled the meeting to order at 7:0.0, p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. A. Election of Mayor. Mayor Sackett turned the gavel ever to the City Attorney for the Election of Mayor. Mr. Roper opened the floor for nominations of Mayor. Deputy Mayor Maingot nominated Commissioner Holt for Mayor. Commissioner Durso nominated. Commissioner Bundy for Mayor. Deputy Mayor Maingot moved to appoint Commissioner Holt for. Mayor of the City of Longwood. Seconded by Mayor Sackett. Commissioner Holt regretfully declined the nomination. He thanked Mayor Sackettand Deputy Mayor Maingot for nominating him. Motion failed to carry b}~ a two/three roll call vote with Commissioners Durso, Holt, and Bundy voting nay. CC OS-04-09/2.79 Commissioner Durso moved to appoint Commissioner Butch Bundy as Mayor for the City ofLongwood. Seconded by Commissioner Holt and carried by a three/two roll call vote with Mayor Sackett and Deputy Mayor Maingot voting nay. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcements. A. Senior Spring Fling will be held on May 13, 2009 from 2:00 p.m. until 4:00 p.m., Longwood Community Building, 200-West Warren Avenue. B. Florida Music will be held on May 15, 2009 from 6:00 p.m. unti19:30 p.m., Longwood Community Building, 200 West Warren Avenue. C. A Blue Grass Pickin' will beheld on May 16, 2009 from 7:00 p.m. unti110:00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS. A. District #5 Presentation of the Business Person of the Month Award for May 2009 to Tire. Kingdom, Inc., Store No. 123,_ located at 805• State Road 434. Commissioner Sackett read a brief biography on Mr. Terrell B. Scott, Store Manager of Tire Kingdom, Inc., Store No. 123,. located at 805 West ~ I State,Road 434. He presented Mr. Scott with the Business Person of the Month Award for May 2009. Photographs were then taken. B. Recognizing the Lyman High School World Winter Guard for their recent accomplishment. Commissioner Holt introduced Lyman High School Principal, Mr. Frank Casillo and the Lyman High School Dance and Color Guard Instructor, Director, and Choreographer, Mr. Stephen Porter. He then recognized the Lyman High School Diamond Gold Winter Guard~fortheir recent: accomplishment of winning the Bronze Medal in competition. and showed a video of their performance. Each Commissioner then presented certificates to each Member of the Lyman High School Diamond Gold Winter Guard-. Commissioner Holt recognized the Members of the Blue Team. He then read a Proclamation on the Lyman Diamond Gold Winter Guard` proclaiming May 4, 2009 as Lyman Diamond Gold Winter Guard Day. Photographs were. then taken. 5. BOARD APPOINTMENTS. ~ A. Commission nomination of a resident to the Board of Trustees for the ~--J ~ Police Officers' and Firefighters' Pension Trust Fund. CC OS-04-09/280 ~ The Commission deferred the nomination to the City Commission i meeting. B. District #1 Nomination to the I~odes Enforcement Board. Deputy Mayor Maingot nominated R. Van Olvey, 1320 South Grant Street, to the Codes Enforcement Board, conditioned upon his resignation to the Parks and Recreation Advisory Board. Nomination carried by a unanimous voice vote. Mayor Bundy said prior to going; onto Public Input, he would like to move forward Regular Item 9 B since Mr. Ardaman was present to speak on this matter. 6. PUBLIC INPUT. A. Public Participation. Sawanuka C. Drury of Longwoad, said he was here to apologize for taking down the street signs at Woodcock Street during Spring Break. He stated this was a very immature thing to do and he realizes this now and came to give his most sincere apology. Dan McCoy, 137 East Maine Avenue, said he came tonight out of concern for some things that may soon bps affecting our City and City finances. He stated they recently approved a raise for the firefighters' which he thinks was an outstanding thing. He said the police officers' would be coming up soon for a raise and they deserve; it. His concerns come because recently the SunRail failed, and he has hc;ard numerous people say the State has a history of going back on their deals. He stated this was a big chunk of money the City was looking forward to receiving for a piece of property. He said he was curious as to wh:~t was going to happen if that does not come through. He stated with ala of the increases and the services and costs they are starting to see increase daily, what will happen to Park programs,. City programs, and City funded items. Last year, the City ended up cutting the Haunted House. fle inquired what other City funded • projects were they going to lose with costs that keep going up. He said .they may be looking at more taxies. He stated the City has always done a good job.of keeping projects anti programs. going for our citizens. He said he hoped that the things happening with our economy will not negatively affect the City keeping up this image. JoAnne Rebello, 301 Loch Lom.and Avenue, said she was speaking on items that were previously appr~~ved on Apri120~`, at which she was not in attendance, and a concern regarding an item on the Agenda tonight. She stated under Public Input, this Commission listened to members of the ~ Range Riders speak to the criteria and search for a new City Administrator. She said they also spoke to the Charter requirements. • Under Section 4.04 (a), it states that "All candidates for City Manager CC OS-04-09/281 [Administrator] shall be screened by a committee consisting of members from either/or the Florida City and County Managers Association or ~ International City Managers Association." She stated it also states that "This committee shall be appointed by the City Commission for that purpose. Such committee shall be responsible to recommend candidates for such appointment." She affirmed it does not state that individual Commissioners shall make recommendations as to whose name shall be on that list.. She declared that the Commission has violated the Charter. She said she knows ultimately that the City Commission chooses from the list, but she believes that Section 4.04 was put in the Charter to take the politics out of putting an under qualified favored person in a position that is extremely important in the direction of this City. She stated that Mr. Simmons stated their Committee's purpose was to .provide the City with the best choices based on the individuals' qualifications. She declared by telling Mr. Simmons the names they wanted on the list; they had not only violated the Charter, but were causing his Committee to violate our Charter. She said this needs to be corrected and. this Commission should request that the Committee forward only those names of the individuals they believe are most qualified, based on the criteria, and not on any one individual Commissioner's preferences. She inquired if interfering with the process,, as stated in our Charter, was an Ethics violation. She requested they please think hard on this and correct it. Ms. Rebello said under the Consent Agenda on Apri120th, this j Commission approved a new Fire Union Contract. She stated she knows that 3% was budgeted across the board for all City Employees for this fiscal year. She said she was lead to believe that the new contract was 3%. However; after further examination, she found that the average was 7.33% to 7.78% with some individuals receiving a 9.2%, 11:68%, 14.84%, 18.48%, or a 24.25% increase. She stated she has' been reading several publications where Fire Unions were getting no increases, where there are layoffs and cutbacks. She said our City was. able, despite the tough economic times, to provide for a modest increase this year for employees and no layoffs. She stated at the rate money is being spent,. who will bear the burden;. the taxpayers. She. inquired where the money was coming from for these increases. She said the last matter was that she had concerns regarding'Item 7 C and the City's liability in not providing a more secure barrier against.a water hazard. She stated, although she; understood the reasoning in making. the water feature more attractive in a park setting, she had concerns in the fact that small children may be attracted to it and it could be a safety issue. She said she would like assurance that this issue has been addressed. Felicia Richardson, Assistant Manager with Regions Bank at 425 US' Highway 17-92, said. Cara Thomas from the Winter Springs Branch ' located at 868 East State Road 434 was with her. Tonight, they would like to let. the community know that there was still hope with the banks. ~ ' Regions Bank has been around for quite some time and they have over CC OS-04-09/282 ~ ~ seventy branches in Florida and they were very "Go Green" taking apro- ~ active approach to save trees. She stated they were here to discuss ~ concerns with the community in how to make. banking easier. 7. CONSENT AGENDA. A. Approve Minutes of the. Apri120, 2009 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for May 2009. C. The Recreation Manager of the Community Services Department requests the City Commission approve a change order to Purchase Order #013411 for the installation of a landscaping buffer around the stormwater pond at Reiter Park for $47,408.90 and authorize the Acting City Administrator to sign all appropriate documents. D. The Acting City Administrator recommends the City Commission confirm the appointment of Russell Cohen as the Interim Community Services Director and for him to serve as such until a permanent Community Services Director is appointed. Commissioner Durso moved. to approve the Consent Agenda, Items B through D. Seconded by Commissioner Sackett. . i Commissioner Sackett said he thought Reiter Park was going to have a fishing station and inquired if th:~t was part of the design for the pond. Mr. Jackson responded in the affirmative. He said there was going to be an observation platform at the south bank and around the perimeter of the pond there would be a host of ve;getation as a natural barrier to discourage people from making any kind of entry in the water. Deputy Mayor Maingot said he would like to see what types of plants were going to be installed for th~~s vegetation. Mr. Jackson said it was his understanding that the Commission received a packet of information in their m~~ilboxes with the types of trees and vegetation. Motion carried by a unanimous roll call vote. Deputy Mayor Maingot said on page 254 of the Minutes, following a 1'engthy discussion, he had made: the motion to add Ms. Katrina Powell and the others that were in transition. on to that list. He stated in reviewing the Charter and he also consulted. with the Attorney, he finds that he contravened the Charter in making that motion to include those people. He affirmed that his interpretation was that they should have only had considered what they had been presented by the Range Riders and not any CC 05-04-~~9/283 recommendations coming forth on the Commission's part. He said Commissioner Durso also inquired of Mr. Simmons if he was of the opinion that the City Charter needed to lose that provision and Mr. i Simmons responded in the affirmative. He stated he wanted to make sure they were not going down the wrong road and requested the City Attorney clarify that particular section. Mayor Bundy asked the Attorney to address that and inquired if the Charter specified what form the list must take or that it must be a list of ' ten, and is it prohibited to add at the request of the Commission. Mr. Roper advised the City Charter, Section 4.04 (a) states,, "All candidates for City Manager [Administrator] shall be screened by a committee consisting of members from either/or the Florida City and County Managers Association or International City Managers Association. This committee.shall be appointed by the City Commission for that purpose. Such committee shall be responsible to recommend candidates for such appointment. If no satisfactory candidate is selected by the City Commission, then the committee shall select new candidates for the Commission's review. In the event no appointment has been made within ninety (90) days, a new committee will be formed. " He said Ordinance No. 99-1457 amends Section 2-5 of the Longwood City Code, to amend the qualifications of the City Administrator or Acting City Administrator, i and this was adopted in July 1999.. He stated under Section 1 of the • Ordinance, it talks about the qualifications of the City Administrator or ~ Acting City Administrator and states, "....the City Commission shall appoirit a City Administrator or Acting City Administrator based on local government, executive and administrative qualifications, The candidate for City Administrator shall have a minimum of five .years as a senior executive manager in a unit of local government and a bachelor"s degree in Public. Administration, Business Administration, or other related fields." He said what was important about this Ordinance was that it deleted all previous requirements for graduation from an accredited college and a certain amount of different increased levels of expertise. He advised that if one looks at the City Charter in combination with this Ordinance, he does not think there has been any type of violation, much less a deviation from the requirements of the City Charter to date. He stated it was his understanding that several others were added to a list at some point in time that was derived from the Range Riders, but he does not see to date where there has been a violation or deviation from the City Charter or this Ordinance. Deputy Mayor Maingot said he did not agree with the City Attorney. He stated with the additional information he gave, the City Charter stands supreme. He said if they were amending this, then they should have i amended the City Charter and not have left it as it is. He stated this addition did not really specify, nor does it negate the specific direction that ~--J' Section 4.04 tells them to follow. He said he just. wanted to make sure that CC OS-0'4-09/284 they were not going to be held.a.ccountable for violating the Charter. i Mr. Roper said he would agree i:hat it is subject to differing interpretation. He stated the key underlining factor in his estimation is that it says all .candidates for the City Administrator position shall be screened by this Range Rider committee and thai: committee shall.be responsible to recommend candidates for such appointment. He said that is all it says and it stops right there. He stated a candidate has to be on the list that was screened, but it doesn't neaessaiily mean that candidates that were only approved by the Range Riders can. be selected. He said it states that such committee shall be responsible i:o "recommend" candidates for such appointment. He stated that obviously, the ultimate appointment lies with the City Commission. Mayor Bundy said as a point. of clarification, the Charter does not specify 'the form that the list must take.:[t just states that they are to provide the Commission with a list of name~~. He stated they gave the Commission a list of eleven names to start witYi. The second time around, they gave an additional ten, plus they screened new arrivals that were in the Managers- in-Transition Program and the Commission specified that they would like to have an opportunity to look at those in addition to Ms. Powell. Mr. Roper said that one of the k~~y interpretive factors here was what the definition of senior executive manager in a local governmental unit means. Mayor Bundy said there were multiple names on the list that the .Range Riders sent them on both the fir:;t and second lists that Have never been City Administrators and they were deemed qualified by the Range Riders. Commissioner Sackett said they were not deemed qualified,, but they were deemed recommended. Therefore, the Commissioner would interpret the qualifications. He stated they wf~re really looking at the word recommended. He said what happened with the flaw in the system, he believed, was that when this recommendation came through, they probably had more input than they should have had on those recommendations. Deputy Mayor Maingot :moved to approve Item A of the Consent Agenda. Seconded by Commissioner Durso and carried:by a unanimous roll call vote.. 8. PUBLIC HEARINGS. A. The Community Development: Division of the Community Services Department recommends the City Commission approve or deny the requested variance (VAR 03-C?9) to the Longwood Historic District Code Book for a supporting sl:ructure located within the Historic District at 179 West Magnolia Avenue. CC OS-04-09/285 Mr. Roper announced having. proof of publication. Carl Zrelak, 179 West Magnolia Avenue, said he was before the ~ Commission again following the .last meeting to request a Variance for an aluminum screen enclosure to his existing porch. He stated this was similar to the enclosure of the property adjacent to him, and along with the neighbors to the west and south of him. He said he was looking for a `bronze aluminum screen enclosure identical. to the one west of him or similar to the one to the south. of his property.. He stated he knows he lives in the Historical District, but his. house was not historical and it was built in 1984. He said his house was not a contributing structure to the Historical District, as. he has been told by the. Acting City Administrator. He said he has achieved everything asked of in the variance package. He stated Mr. Jackson came out to his house and looked at the. properties behind him. He said these were vacant and considered wooded. Mayor Bundy opened. the public hearing. No one. spoke in favor or in opposition to the Variance. Deputy Mayor Maingot. moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Deputy Mayor Maingot moved to approve Item 8 A, as presented. ' .Seconded by Comrr~issioner Holt. ~ Commissioner Holt said he went by the property and after researching this matter, looking at what the Applicant is requesting,, he would be voting in favor of the Variance. Mayor Bundy said most of those who voted against this the last meeting were due to technicalities of the five findings required. Motion carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set a second public hearing date for the first available City Commission meeting upon receiving approval from the State Department of Community Affairs (DCA) on the transmitted comprehensive plan amendment, and approve the first reading of Ordinance No. 09-1889, which amends the City Comprehensive Plan (CPA 01-09) to reflect the Evaluation and Appraisal Report. Mr. Roper announced having proof of publication. He then read Ordinance No. 09-1889 ~by title only. ' CC OS-04-09/285 Mayor Bundy opened the public hearing. No one spoke in favor or in opposition to the Ordinance. I , Deputy Mayor Maingot :moved to close the public hearing. Seconded by Commissioner Durso and carried by a unanimous voice vote. Deputy Mayor Maingot :moved to approve at first reading Ordinance No. 09-1889 ;end set a second public hearing date for the first available City Commission meeting upon receiving approval from the State Department of Community Affairs. Seconded by Commissianer Durso and carried by a unanimous roll call vote. 9. REGULAR BUSINESS. A. 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 giive staff the direction deemed appropriate. Mr. Jackson said this was previously before the Commission and there were some questions posed as to the. location of the tower: Also; the Firefighters Union had a concern about the implications of health concerns with the cell tower being so close. He stated it was his understanding that since the last Commission meeting there have been several meetings that have taken place and the firefighters concerns have been resolved. He advised the location of the proposed new pole was to the. satisfaction of Commissioner Holt. At this time it is before the Commission's consideration of approval. Commissioner Durso moved to~approve.the Lease Agreement. Seconded by Deputy Mayor Maingot. Commissioner Holt inquired where his orange "X" was. Mr. Jackson said his understanding was that Commissioner Holt had met with a representative from T-Mobile. Commissioner Holt advised he had ..not met with a representative from T- Mobile. He said he still did not l.~nowwhere the tower was going or if they would be blocking any of the. traffiaduring shift change. He stated he did not have answers to who would be removing the existing tower or if fencing from the playground was being removed. 1 ~ Mayor Bundy inquired if they had any answers to those questions. CC OS-04-09/287 Mr. Jackson said this was the first he has heard of these questions and he would be willing to meet Monday through Friday between 8:00 a.m. and 5:00 p.m. at Commissioner Holt's convenience. Commissioner Holt said he would be more than willing to walk through this with the Acting City Administrator if they could table this matter to the next meeting. He stated he could do this tomorrow morning. Arrangements were made for the Acting City Administrator, T-Mobile representative, and Commissioner Holt to meet at the site of the cell tower on Tuesday morning; May 5, .2009 at 7:30 a.m. Commissioner Durso said.he had some conversations with leadership at the Fire Department and they were concerned because of the health hazards. He stated these concerns have been calmed by some reports shared with the Fire Department. He said the Fire Department has gone over this plan and they were not concerned about the positioning and/or interference it could possibly cause at the. Station. He stated his concerns have been addressed and he will be voting in support. Commissioner Sackett said his feelings went the other way when he took his grandson to the playground. He stated this tower was extremely close to the playground. He said while he respects that the firefighters concerns ' have been addressed, he is concerned for the children that play on this i playground and he did not. see any reports to alleviate their health .J concerns. Deputy Mayor Mangot said he had several areas of concerns within the Agreement that he would like to review. Mayor Bundy suggested he review these concerns with the 'I'-Mobile representative if this item isgoing to be tabled to the next meeting. Commissioner Holt moved to table to the first meeting in June. Seconded by Commissioner Durso. Commissioner Sackett .said he would like to see some report of the health concerns that were spoken to the firefighters to be provided to the community and the Commission. Mr. Jackson suggested Commissioner Sackett's health concerns could be addressed at the LAPP Meeting. Commissioner Durso said the Commission cares about the entire community. He stated the firefighters are. living and working in this area and they were able to obtain the answers that satisfied their health concerns. CC OS-04-09/288 ' ~ Motion carried by a unanimous .roll call vote. I ~ B. Acting City Administrator recommends the City Commission read by title only, set May 18, 2009 as public hearing date and approve the first reading, of Ordinance No. 09-1891 amending Article IX of the Longwood Development Code relative to the taking of private property by a governmental a};ency. Commissioner Durso moved to open discussion on Item 9 B. Seconded by Commissioner Holt and carried by a unanimous voice vote. Kurt Andaman, Attorney .from F:ishback Dominick and represents the City of Longwood with respect to the eminent domain issues, said they have been in discussion for quite some time and the last version of the Ordinance was presented to the Commission. The Florida Department of Transportation (FDOT) requested several changes to the Ordinance. He stated they looked at the Ordinance and agreed there could be some clarification. He affirmed there were three. changes. made and reviewed the revisions. He said Mr: Ed Barfield was fine with the changes. He stated they had not heard directly back from FDOT. He said the concerns of FDOT and the direction of the City Commission were taken into consideration and all of these ch:~nges have been made. Deputy Mayor Maingot moved to approve the first reading of Ordinance No. 09-1.891 and set May 18, 2009 as a public hearing date. Seconded by Commissioner Durso. Commissioner Holt said Mr. Andaman mentioned he had talked with everyone, but had not talked with FDOT. He inquired if everyone was good with this Ordinance. Mr. Andaman said Mr. Barfield,. the consultant for FDOT, sent him an electronic mail stating he was okay with the Ordinance. Mr. Roper read Ordinance No. 09-1891 by title only. Motion carried by a unanimous roll call vote. C. Acting City Administrator recommends the City Commission hear a presentation to review relocation opportunities for the City's Public Works Department and give staff the direction deemed appropriate. Mr. Jackson said due to the recent vote against SunRail, there was not a necessity to discuss the relocation ofthe Public Works Department. He stated when the FDOT made an offer for our property contracts were presented to the City and were signed. These contracts were forwarded to FDOT for acceptance and they were not processed until the determination CC OS-04-09/289 of what was going to happen with the SunRail. He advised that FDOT never signed the contracts. He stated the City had not made any kind of ~ contractual commitment to the property owners on either Orange Avenue or South Wilma. D. The City Clerk recommends the City Commission review a request by Commissioner Joe Durso to join the Redevelopment Planning Agency (RPA) on a tour of State Road 7's Community Redevelopment Area (CRA) located in Lauderdale Lakes, and take action the Commission deems appropriate. Ms. Mirus said at the last Commission Meeting there was a presentation by Seminole County Board of Commission Chairman Bob Dallari. He had extended an invitation from any member from Longwood that would like to accompany them on the tour. Commissioner Durso .had expressed an interest. She stated the Agenda Item has all of the information required. Commissioner Durso said the Commission has indicated some interest in finding out more information on the C1ZA. He stated he viewed this as a good opportunity to see a CRA inaction and talk with the staff and officials. that have dealt with it. He said according to County staff, the CRA in South Florida was very similar to the CRA for 17-92. He stated this would benefit the City and he would bring back any information he can for the Commission. He advised that the information has been ~ provided by the County for the hotel and Ms. Mirus had provided information for'the per diem. He said the. mode of travel is still at question with the County. He stated he would drive himself if needed. He respectfully requested the Commission approve the travel for the two days. Commissioner Holt moved to approve Commissioner Durso to represent the. City for the C1tA tour of State Road 7 on May 7, 2009. Seconded by Commissioner Sackett. Mayor Bundy suggested Commissioner Durso work with the City Clerk and place an Item on the Agenda to do a report. Motion carried by a unanimous'roll call vote. E. The City Clerk recommends the City Commission review and discuss the suggestions made for possible amendments to the City Charter by Members of the City Commission, and take the action the Commission deems appropriate. Ms. Mirus said at the Apri120, 2009 City Commission Meeting, the Commission requested to provide the City Clerk with any suggestions for possible amendments to the City Charter and place this Item on the May ~ 4~' Agenda for discussion. She stated she outlined in the Agenda Item CC OS-04-09/290 ~ some of the recommendations sl:~:e received from some of the Commissioners. Commissioner Holt said he was cooking toward amending Section 4.04. Mayor Bundy said he also was recommending amending Section 4.04 and 12.06, Accountability. He suggested that Section 4.04 could be deleted • and state that in selecting a City Administrator,. the City Commission shall set by Ordinance the criteria for selection.. He stated this way they can set up the International City County 1Vlanagement Association (ICCMA) as a screening board if they choose so. He said that the City Attorney and City • Clerk could work on the language. He said he would prefer that the City Attorney look at this prior to deleting it. He stated he would like for it to clearly give. the Commission the authority to set that process. Deputy Mayor Maingot said it needed some clarification and said it was rather ambiguous in its interpretation. Commissioner Sackett said he hid some trouble with the appointment of the City Clerk and he referenced Section 4.03... He stated the goverrunent • • within this City has the City Commission responsible for the City Administrator, City Attorney, anal City Clerk. He said they were trying to ~ get everything similar within the City and suggested they do something ~ similar, and define the process. Mayor Bundy said there was a City Clerk's Association that could offer guidance. He stated he would want the City Commission provided the authority to set the criteria. Commissioner Sackett said Section 10.01 talks about initiation by petitions and the voters of the City may propose amendments to the Charter by petitions signed by at: least 10%. He stated he thought the law went to 5% last year. Mr. Roper said he would check :into this matter: Mayor Bundy said they have had problems before when they have. tried~to incorporate any new Charter amendments that are derivatives of-State Statutes so that they reflect those changes. Commissioner Sackett said the Commission was set to meet the first and third Monday of each month with the fourth Monday of each month also a regular session. He inquired if that was when they should be doing all of their other meetings. Mayor Bundy said that Section 12.06 states that the Police Chief and Fire Chief shall report directly to the City Administrator and serve,at the pleasure of the City Administra~:or. He stated this takes a portion of the CC OS-04-09/291 Personnel Policy and puts it directly in the Charter. He said he would defer to the Attorney, but it seems that this takes them outside the perimeters of ~ ~ the Personnel Policy. He suggested that this should be deleted since they are covered in the Personnel Policy. ' Mr. Roper agreed that this needed to be revisited and possibly revised. Mayor Bundy said thi's circumvents the Personnel Policy by having. them serve at the pleasure of the City Administrator and he could fire them with or without cause. He stated he would like the City Attorney to look at this and make recommendations on revising this. Deputy Mayor 1Vlaingot suggested they look at other cities and how they handle the positions of the Police Chief and Fire Chief. Commissioner Holt said in order for amendments to go forward, they need . to be presented, approved, and voted on in a time sensitive manner. Mayor Bundy inquired if the City Attorney could have this information by the next Commission Meeting. Mr. Roper responded in the affirmative. 10. ACTING CITY ADMINISTRATOR'S REPORT. ~J~ Mr. Jackson gave an update on Reiter Park and said the. stormwater preparation should be completed by May 13~'. He stated they would then move on with the landscaping of the retention area. He said they would leave the fence up for a few weeks to allow the sod to take hold. He stated they were looking forward to prepare and move into Phase 2 if they can during this budget year. Mr. Jackson reported. there were some upcoming paving projects on Ridge, Oak, and Talmo. He said there were some drainage issues. they would like to address by either putting in a Swale or curb and sidewalks. He stated on May 6, 2009 at 6:30 p.m. they are. going to hold a. CAPP Meeting with that residential and business area to obtain their input. Mr. Jackson reported the. City Garage was activated as of today. He said they have made provisions within the operating guidelines with all of the Department Heads to be sure and follow those procedures. Mr. Jackson advised he was sad to report that over the weekend there was. a traffic fatality at Lemon Lane and Warren Avenue involving a single vehicle and motorcycle accident. i Mr. Jackson said it has been a privilege to work with Mayor Sackett. He stated ~ approximately a week and a half ago the Commission received a list from Human Resources for possible candidates for the City Administrator's position. He said CC OS-0~-09/292 ~ the Commission needs to form some type of list so that the City Clerk and Human ~ Resources can notify them that they are in consideration for the City 1 Administrator's position. He affirmed ti~at June 1St was his last day oftemporary assignment. Mayor Bundy said Mr. Jackson did bring up a matter that was. quite urgent and the Commission does need to move forward with this. He stated that. the budget was coming up and Commissioner Durso has requested a series of Budget Work Sessions. He said they need to hire a City Administrator and. if necessary they will need to hold a Special Meeting. He, stated he looked over the resumes :from the last package submitted and he went back over the initial ten. He said he was disappointed with ;the list of candidates. Deputy Mayor Maingot suggested they target Monday, May 1 1, 2009 for a Special Meeting. It was the consensus to hold a Special C;ommission Meeting on Monday, May 11, 2009 at 5:00 p.m. to discuss and establish the process for selecting the City Administrator. Mr. Roper'advised that one of their alternatives was to appoint another Acting City Administrator. 11. MAYOR AND COMMISSIONERS' REPORT. District #4. Mayor Bundy reported he has been approached by the Ronald Reagan Club of Seminole,Courity to hood a Tea Party at the Hero's Monument. He said thi's would entail closing the strzet and they will take care of the cost involved for Police Officers and. Public. Works personnel for setting up. He stated they would like a stage and sound system. He requested a consensus from the Commission for this to happen on Saturday, July 4tn at 10:00 a.m. Commissioner Holt moved to approve. Seconded by Commissioner Durso. Commissioner Durso said it was impori:ant to note that if any other organization decided to do something similar, the Commission would be just as gracious. Mayor Bundy reiterated that they have asked for no concessions from the City and they are willing to bear any costs. Motion carried by a unanimous voice vote. District #5. Commissioner Sackett reported he had some dialogue recently with the Longwood Chamber of Commerce ~~f their strong desire to bring back the Haunted House to Longwood. He said 1;hey were told that there would more than ~ likely be support for the Haunted I=Ious~; returning, but would not support any funding. He stated the Chamber would like to organize the materials and portables being brought to a site to set up the Haunted House. He said the only direction he was getting from the Chamber was that the City's involvement would be through CC OS-04-09/293 the donation of materials already in storage from the past. He .stated the Chamber was looking at different sponsorships and would like to bring back the Haunted ~ j ~ House. ~ ~ Mr. Jackson said it would be his request that once the City turns over the materials, they become the permanent custodian. Commissioner Holt inquired if this would be subject to inspection by the Fire 1Vlarshal. Mr. Jackson said it was his understanding that because it is a portable structure, it is not under some of the provisions of the fire ordinance our structure was under. Commissioner Sackett said there was an Internet Cafe on the corner of 17-92 and 434 and it bothers him every time he drives by. He stated when he read through the Code it stated slot machine or device. He inquired what the .Attorney's definition was of device. He said it was his understanding that these computers flash. up something called sweepstake and through a token you do a lucky seven activity. Mr. Roper advised they were looking into this concern and how to handle it. He said the definitions were fairly clear. The initial application for what was to be done there and what was to be permitted and licensed does not necessarily meet what is currently going on. i Commissioner Sackett said that.Internet Cafes were more and more popular. He stated that Envision Seminole was looking for someone to participate from the City of Longwood in Leadership Seminole. He suggested Mr. Spinella would be a good prospect. Mr. Jackson said the City receives an invitation from them each year to participate. He stated it is time consumptive. and there is a cost involved. He said many of the cities that participate will send. the Administrator or a Department Head. He stated it was an excellent opportunity to network with other business and community leaders. He suggested extending that opportunity to the new City Administrator. Commissioner Sackett reported he would be attending the Economic Stimulus Meeting and will report back after attending. He said this would be of no cost to the City. District.#1. Deputy Mayor Maingot reported that Mayor Bundy, Commissioner Durso, and he had. attended the Choices in Learning Science Fair. He went back in the evening to give some closing comments. Deputy Mayor Maingot said he nominated Commissioner Holt for Mayor to ~ provide him an opportunity as Mayor. He congratulated Mayor Bundy on his appointment. He reported that on Thursday, May 7~' at 7:00 a.m. there. is a CC OS-04-09/294 ~ Mayor's Prayer Breakfast at Church Street Station. and he extended the invitation , to the Commission to attend. He said th.e table was being hosted by Mr. Steve ~ Moreira. He stated. he would be attending and he has asked Mr. Jackson to attend. District #2. Commissioner Durso said he would Pike to publicly thank the Longwood Police Department for responding so quickly when two individuals attempted to break into his ear and his neighbor's .house. He reported he had a conversation with Senator Lee Constantine this morning and although SunRail is dead this year, the City of Miami and. the City of Lakeland are already working on next year and how they think we will bc: able to get this done. He stated whether the. Federal Funds will still be there is up to a number of people. He said the Senate was only off by four votes and they think there is some room to maneuver. He said the Choices in Learning Science Fair was incredible and that Choices in Learning have something to be very proud of. .District #3. Commissioner Holt thanked former Mayor Sackett for all he has done. over the past year. He congratulated Mayor Bundy and said he appreciated the consideration, but it would not work: for him at this time. He said on Saturday, Apri125th he went to the Family Connect at Lyman High School and. over forty community agencies were there. He staged the outreach in Seminole County was incredible. He said the large generator on the side of the Blackadar property was being looked into by the City and some recommendations would be made regarding this matter. Commissioner Holt said that Ms. Carole Pleasants came here from Tiberon and requested that the Commission look into taking over the maintenance project. He stated the City Clerk came up with a pel:ition and he had the City look into the areas in question, and by all records, this was the City's property. He made the recommendation to come up with a plan and make it more user-friendly with less maintenance. Mayor Bundy said the problem with that was that you then get into the situation with Barrington where that was originally City property and we are assessing them. Commissioner Holt said he was recommending making Tiberon more simplistic since they have let the area go. He suggested they could put in sod and maintain the area. Mayor Bundy said if they take over the maintenance on this, he fears we will have a parade of other subdivisions that were being assessed. He stated there maybe a conflict and they needed to look into this. ~ Commissioner Durso suggested the Acting City Administrator put together a ~ memorandum on the background and. bring it back as an Agenda Item to the next meeting. CC OS-04-09/295 Mayor Bundy said they told Barrington that the City would not pay to put up a sign, they would only mow the area if maintaining it. He inquired if ~ Commissioner Holt was recommending removing the signage and putting in sod. Commissioner Holt said Tiberon did not want anything to do with the area. He stated whatever the Acting City Administrator and staff come up with was good with Tiberon. Deputy Mayor Maingot said they were opening up a Pandora's Box as other people were being assessed. He stated they have a problem there, but they have to be fair with other locations. Mayor Bundy agreed it would be better to have the Administrator come up with an action plan and distribute it to the Commission to be discussed further. Commissioner Sackett said Ms. Pleasants had indicated there was approval within their subdivision, but they do not have a Homeowner's Association. He stated she was looking for what. the next step would be. Commissioner Holt said she was saying that they were done with it and they did not have any money to pay for anything. He stated if it becomes overgrown, then it will be a safety issue. He said this was why he suggested having staff review it and come up with suggestions. He stated he did not think it needed to come back i to the Commission. Mayor Bundy said it didn't necessarily have to come back as an Agenda Item, but he would like for the Administrator to brief the Commission on the matter. Commissioner Holt said under the Legislative Alert and the major bills that passed,. they need to look into traffic accident response .fees. 12. CITY ATTORNEY'S REPORT. Mr. Roper distributed copies of an article in the Oxlando Sentinel on Saturday. He said the Bill Commissioner Holt referred to, if and when signed into law by Governor Crist, will affect the Ordinance the City of Longwood has that applies to emergency response services by both the Police Department and Fire Department with regards to accidents involving non- residents within the City limits.. He advised the law will overrule the City Ordinance and will take effect July lst unless Governor Crist vetoes it. Mr. Roper reported they had copies of the Oakwood engineering drawings delivered by Mr. Towers this evening. He said. he would give these to Ms. Mirus to place them in the Commission mailboxes. He stated there was a Shade Meeting coming up on May 18, 2009 at 6:00 p.m. 13. CITY CLERK'S REPORT. Ms. Mirus reported she received a call from ~ Diannetta Alexander from Longwood Elementary School. She has not heard from the Commissioners as to whether they were going to speak at Career Day on May ~ CC OS-04-09/296 ~ 29, 2009, from 9:00 to 10:15 a.m. She requested the Commissioners let her know if they plan on attending so she can let rvls. Alexander know. i Ms. Mirus reported she would be attending the International Institute of Municipal Clerks {IIMC) Conference at the next Commission Meeting, and Ms. Linda Goff will be present to take the minutes of that Meeting. 14. ADJOURN. 1Vlayor Bundy adjourned the meeting at 9:32 p.m. u ~ K~ H.G. "Butch" Bundy, Jr., or ATTEST: r Sarah M. Mirus, MMC, MBA City Clerk I I CC 05-04-09/297 I Theis Page Left Blank Intentionally. CC OS-04-09/298