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CCMtg06-15-09Min LONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES JUNE 1_•, 2009 7:00 P'.M. Present: Mayor H.G. "Butch" Bundy Deputy Mayor John C. Main~;ot Commissioner Joe Durso Commissioner Mike Holt Commissioner Brian D. Sackett Teresa S. Roper, City Attorney Katrina. Powell, City Adminisitrator Sarah M. Mirus, City Clerk Tom Jackson, Police Chief Lieutenant Phyllis Williams, 'T'raining Officer, Fire Department Commander Russ Cohen, Interim Director of Community Services Chris Kintner,. Community Df;velopment Coordinator 1. CALL TO ORDER. Mayor Bundy called the meeting to order at 7:0.0 p.m. 2. ~ A .moment of SILENT MEDITATIOPJ ryas followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENT~~. Ms. Mints read the following announcements: A. Family Movie Night will be helld on June 16 and 23, 2009 beginning at 7:00 p.m., Longwood Community Building, 200 West Warren Avenue. B. Senior Matinee will be held on June 17, 2009 from 1:30 p.m. unti13:30 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is Marley and Me. C. 2°d Annual Father and Daughter Dance will beheld on June 17, 2009 from 7:00 p.m. unti19:00 p.m., Longwood Community Building, 200 West Warren Avenue. The co~~t is $5 per couple and $2.5.0 for each additional person. I D. A Blue. Grass Pickin' will be held on Saturday, June 20, 2009 from 7:00 p.m. until '10:00 p.m., Longwood Community Building, 200 West Warren Avenue. CC 06-15-09/347 4. RECOGNITIONS. A. District #2 Nomination of the Business Person of the Month Award ~i for July 2009. Commissioner Durso nominated Antonio Sartoris, Owner of Sartoris N.Y. Pizza & Subs located at 1616 North Ronald Reagan Boulevard, as the Business Person of the. Month for July 200.9. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Land Planning Agency. Commissioner Sackett deferred the nomination. B. Commission nomination of a resident to the Board of Trustees for the Police Officers' and Firefighters' Pension Trust Fund. Mayor Bundy nominated Mr. Peter Katauskas, 1401 South Grant Street, to the Board of Trustees Florida Mtmicipai Tnist Fund Retirement Plan and Tres"t for the Police Officers and Firefighters. Nomination carried by a unanimous voice. vote. 6. PUBLIC INPUT. A. Presentations. 1. McDirmit, Davis & Company, LLC will present the annual audit for the fiscal year ended .September 30, 2008. Ke11~Leary, Partner at McDirmit, Davis, & Company, said. they have completed the audit of the City's Comprehensive Annual Financial Report (CAFR) for the year ending September 30, 2008. She stated their audit report this year was again unqualified, which means the City's Financial Statements are fairly presented. She reviewed the CAFR and advised the net assets of the City increased approximately $1 million, most of this in the goverrunental type of asset. She said the Utility Fund had a decrease of about $300,000 primarily due to the decrease in revenue for the year. She reviewed the Fund Financial Statements and stated roost of the .Funds. had decreases this year. She said the City budgeted for the decrease in assets and it was expected. She reported the Special Assessment. Fund expenditures exceeded the budget. She reviewed the reports and .said the Report on Internal Control. and Compliance states the City is in compliance with laws and regulations and the .City does have good controls over their Financial Reporting. She affirmed they reported there were no significant deficiencies. However, there were some other recommendations they had and were addressed in the Management J Letter. This letter is required by the Auditor General and they have stated the City is not in a state of financial emergency. The City CC 06-15-09/348 has complied with investment statutes, and she stated they have l performed financial condition assessment procedures and did not see anything unusual She stated finally recommendations are made for improvement and controls if they see a need. This year they had five recommendations. The first and second comment refers to the Special Assessment Fund acid the fact that the expenditures exceeded the budget. She said the City has 60 days after year-end to amend the budget so that they don't go over budget and it is up to the Finance Director to make sure the budget is amended so that this does not happen. She declared the second comment is harder to fix with the Fund having a deficit fund balance. She affirmed t:he City chose~to fund these special assessments with a loan from the General Fund, whereas a lot of cities fund special assessments with debt proceeds; and therefore not having a deficit fiord balance. She stated if you look in the notes to the statements, the intent was, that. as those assessments are collected, the money w~~uld be paid back to the General Fund, and looking at this year, that didn't happen. Commissioner Holt said the City has been doing these Special Assessments over the last six to eight years. He stated McDirmit, Davis & Company has been doing the audits and inquired what they have found to be the reason for all of a sudden it was not adding up. Ms. Learn said if you go back and look at page twenty, you can see in the two budget colurru~s the original and final budgets. She stated the Finance Department did come to the Commission and amended the Budget, bL!t apparently, as it became closer to year end, the costs were more than anticipated and the Finance Department apparently did not come back to amend the Budget. She advised that she audits a lot of cities and this is not that unusual of a comment. ;>he explained this was an accnial basis and there were payments accrued that are due after year-end that makes the expenditures on an a.ccnial basis go higher than what was budgeted. Discussion was held regarding, Special Assessments and the way they are collected throul;h the Tax Collector. Ms. Learn said the third comment was related to their noting that the Finance Department was delinquent in filing some of the closeout paperwork on a grant. Due to this, the grant was closed ~ out by the State prior to the City receiving the reimbursement. She stated the second sentence also notes that the City did not request reimbursement from the County for the orie cent sales tax. CC 06-15-09/349 r Commissioner Durso inquired if she could clarify the time frame ' where the City did not ask for a reimbursement of the one cent sales tax or did not file this paperwork. Ms. Learn advised this was for the fiscal year ending September 30, 2008. She said the City would collect this money from the County. Mayor Bundy inquired if there were any specific recommendations to staff regarding the types of controls. He said he was aware they have been working with staff and stated this audit does not include the present City Administrator. It covers the previous Administrator and Finance Director's effort. Ms. Learn said she thought the City Administrator was thinking they would need one specific person in charge of .grants. She stated that combining the paperwork for grants and special assessments was a lot of additional work for a Finance. Director. She advised that the.fourth eornment was a reconunendation that the Finance Director should be initialing or somehow documenting to them that the payroll has been reviewed. She said the fifth and final comment was that they noticed the Utility Billing Clerks have the authority to void receipts in the system. They recommend that there needs to ~ be a check and balance in place so that if they were going to void ~ something, they need the approval of a supervisor. Ms. Leary reported the City did receive the Certificate of Achievement for the 2007 CAFR. 2.. Representatives from ACi will conduct a presentation on the Southern Longwood District. Larr~Adams, Partner with ACi, said Randall Glidden, also with ACi, was with him this evening and has been working on this project. He thanked the initiatives that have been going. on in Longwood regarding the vision process and the desire of their service to create more of a community driven government process. Tonight, they would like to go through the continuing conversation they have had regarding the vision with Longwood. He said in general there were a lot of challenges and they would like to applaud the efforts that continue. Whether tonight is thought of as a beginning point or not, they do believe there is an opportunity tonight to think about the future. He stated they were directed to act as a community facilitator and to create a broad dialogue among the four stakeholders of what they are calling the Southern Gateway District. He said this .dialogue was meant to be on a ~ volunteer basis, and to provide an opportunity for people who had some of the biggest concerns or ideas to be involved. He stated it also was to make sure they understood the commtulity had certain CC 06-15-09/350 anchor properties, strategically located real estate vital to the quality of life, and to the future economic. opportunity to sustain growth in Longwood and to align those with the adopted Development Guidebook. He affirmed that by listening and having dialogue, you hear things that.you might not otherwise think of. Therefore, the idea wa:: to be inclusive. He said they went through the process by having tie market research done to create a business case and find out who Longwood is today and what it might be in the future. They used a panel of experts that were driven by their specific expertise in ret;~il, commercial development; and they talked to a lot of people in the .community. He reviewed some of the research and said Longwood was one of the most affluent and strongest economic areas in Seminole County. He advised Seminole County was one of the strongest counties in the State. He reviewed the main corridors through Longwood. He stated he noticed on the Consent .Agenda an Item for Longwood to participate in the Comrreunity Redevelopment Agency (CRA) and said this would fiirther strengthen the-connectivity between the fuh~re CRA, which is the highest growth quarter of density that will connect.. the various cities. He said the Longwood Harr~let became part of the special plan areas that revolve around the anchor properties. He st;~ted they just completed the Historic District Code Book for which they had a public input process, and the Transit Area which created development opportunities and private investment occlu7ed in that area. He continued to review the vaxioils areas and districts up to tonight, and the Southern Gateway. He posed the question of "Who are the stakeholders in this dialogue" and stated: if they think of this as a baseline, it becomes obvious that the core of this conversation that they were asked to conduct focused around the largest land owners. He said they would discuss the Sanford-Orlando Kennel Club ideas and Northland Church and their ideas. He stated they did meet with a representative from the Seminole County School Board and held a dialogue regarding Lyman High School. The process created in their services was to have a City representative involved in all meetings. They met separately with Northland Church and separately with Penn Na~:ional Gaming, and then they had one-on- one Workshops. He affirmed this led to the beginning of a framework in combining their thoughts and ideas and what they have in common. He said the action was to try to create a roadmap and timeline to see if an3' of this could be initiated and connect to any resources that may be required. He reviewed the History of Longwood and this area .from 1885 fo 2007. He stated the ~ Longwood Visioning Guidebook was finished in late 2007, one of ~ the first special area plans was the Commuter Rail area, the second was the Historic District, then 2009 starts with what they are talking about tonight. He reviewed a slide of the Southern Longwood District or Gateway area and the existing conditions. CC 06-15-09/351 He reviewed the start of the vision and the future streetscape. One of the things everyone has widespread agreement about is the ~ public space desperately needs to be improved in that location. He said this tends to create more value for the properties, creates activities, connectivity,. and brings the buildings into the edge of the new boulevard. He reviewed these existing conditions with Northland Church to the right and to the left the open parking area and next to that land owned by the new owners of the Dog. Track. He stated they were proposing the slowing down and calming of traffic, on street parking, introduce canopies, and make it more pedestrian oriented. He said re-enforcing the edge of the road allows buildings to be at those edges and allows different uses; and activates this as a District on its own. He stated it has the opportunity to become a more connective destination. He said they didn't. just discuss this from one person's view. They talked about how it relates to Longwood, the community, and what. would be rational. He stated a lot of diversity in their thinking took place. He said there would be $10 to $15 million being invested in the City and they were open and flexible to the development. He reviewed the vision elements by stakeholders for Penn National Gambling, City of Longwood and Northland Church. He went on to review the stakeholder common elements, .private sector redevelopment and additional commercial uses. He affirmed, if done correetly, this would raise the value of the properties and this would be more ~ of a destination. Deputy Mayor Maingot said what was presented tonight was a .good vision for the future. However, it was not something they should have spent that kind of money on at this point in time in developing. He stated he would .like to know what the motivation was by those who voted on that Consent Agenda Item. Mayor Bundy said Deputy Mayor Maingot was absent from the Meeting the contract was voted on, but he was not. absent at the Meeting prior to that when it was discussed regarding bringing ACi in to build a stakeholder vision for that community. Deputy Mayor Maingot said there were a lot of arguments for and against this issue. He stated the whole thing boils down to the gambling situation. He inquired who the panel of experts that he consulted tivith was. Mr. Adams said that presentation was referring to the Longwood Development Guidebook. Deputy Mayor Maingot inquired what areas he brought into the ~ 46,000 he referred to. CC 06-15-09/352 Mr. Adams advised the experts he was asking about were Global ~ Retail Strategies and Charles J. Wayne Consulting, both national companies that study and are considered experts in those areas. He said the area he questions on the population is directly related to the Trade Areas. The Primary Trade Area would be the boundaries of Longwood, and the Secondary Trade Area which is a three and five mile radius. He explained this is typically used as best practices in studying Trade Areas. Deputy Mayor Maingot inquired what commitments they have from the private sector other than Penn Gambling. Mr. Adams advised they didn't have any commitment from Penn Gambling. Mayor Bundy said this was the first step in the creative vision to bring the parties of two diversion interests together to begin an open line of communication to come up with a vision. Commissioner Sackett ;paid as former Mayor he had numerous meetings with ACi and it was always his tulderstanding that, as Commissioners, they were responsible for the mission and vision of this City and implementation of programs was the City i Administrator's respon:;ibility. He affirmed that he said to Mr. Adams that he wanted rum to work with the vision and mission of this City and Mr. Adams asked him to get the players to the table. He stated Penn Gaming was one of the players and he was never at a meeting with them. H~~ confirmed he did bring the School Board to the table and was kept well informed about the Church being at that table. The directive given to Mr. Adams vas that the dialogue he was having among the three was what he was charged with. He said he saw that in Mr. Adam's presentation. He state his tmderstanding of what tonight was about was for Mr. dams to show the Commission the work he was doing and wh the has accumulated so far with those conversations between hose stakeholders. He affirmed that he also had stated ther was no way he could live with gambling in this area. Therefore, g tiling, for him, was not going to h~ippen in this area. He said the need to look at how they can still make this vision and what s ould they be doing, exclusive of Penzt Gaming with the gambling, n order to make these other things happen. He stated he did app eciate the job ACi did with the vision and mission. Mayor Bundy inquired what they suggested for then t step. Commissioner Sackett said he believed they need to ve these parties with them somehow. He stated he has not seen the letter from Northland and inquired if it was correct that the have said CC 06-15-09/353 they don't want gambling as part of this pich~re. However, they want this vision and how that could be made to happen. ~ ~ Mr. Adams responded in the affirmative. He said they should ask the stakeholders that question. He stated the opportunity of investment that has been made has been directly related to a roadmap for further opportunity dialogue with or without any of the stakeholders if the Commission so desires. Commissioner Sackett reiterated that they need a public meeting of those stakeholders. Mr. Adams said the public planning process the City has done in the past has been very helpfiil. He stated they were trying to craft the next steps of an action plan that will promote what the stakeholders have an interest in. Commissioner Holt said ACi has done the City justice by representing them with their expertise on a lot of different projects. He inquired where we were with the vision for this area. He affirmed that he did have a meeting with them and discussed several ideas. He stated that during his presentation tonight, he never mentioned the words gambling or gaming. He affirmed that they have broken the City down into five different areas and this ..J was one of those five areas. He reviewed the businesses currently in this surrounding area. He said ACi did what they were asked to do and vas not involved in the political end and said the Commission would go forward with whatever else is required. Mr. Adams said the primary stakeholders voluntarily came together. He stated they heard from the Commission that the community was also a stakeholder in this and cared very much about what might happen in this area. Mayor Bundy said he had been asked by people throughout the County why we were even looking at this. He stated there seems to be some issues with State. Statutes versus the County Charter. He said when anyone comes before the City and makes a request for something that is a legitimate enterprise, they have a responsibility to investigate all aspects and what the community stands to gain from any type of development. He affirmed it was stated that gambling was not mentioned. He stated it didn't need to be mentioned because everybody knows what goes on at the Dog Track. He said what they were looking to achieve was some areas that each one of the primary stakeholders; including the School Board, would be able to benefit from and weigh this against what ~ the particular downsides to the community would be. He declared they have a responsibility to the residents to examine any potential CC 06-15-09/354 development that will result in the creation of jobs. He stated they need to decide now if they want to develop some specific issue plans and what the next step will be. He said they have always included the public in these sessions to participate in the process. He stated there were four potential things that could happen along this corridor. Option one would be for nothing to happen. Option two would. be that they be granted a card room request. and the redevelopment takes place. Option three would be Penn National Gaming. sells the property to a developer and the Dog Track gets torn. down. He ..said in today's economy that was not likely to happen for twenty to t~~enty five years. Option four, that no one has broached, is the po:;sibility of the property being sold to the Seminole Indian Tribe rind a full casino. goes in like the one in Tampa. He said Commissioner Sackett had indicated he would like . ~ to see us move toward that visioning process. He stated he sees nothing wrong with proceeding forward with that. Commissioner Sackett asked Mr. Adams if that would take the shape of what they did `vith the Longwood Historic District by having a visioning night: and what the people want to see. Mr. Adams said that process i used, in most cases, to offer a wider net across the concepts of what people are hoping to talk about and ~ where they don't necessarily get a chance to have input. He stated the core stakeholders in the community's comments tonight might also give some insight. lie said the question was how they get the bigger picture out and stated there were many good ideas that come from people talking. Commissioner Durso lest the meeting at 8:38 p.m. and returned at 8:39 p.m. Commissioner Sackett r~,quested to meet with Mr. Adams so they can develop an agenda to report at the first Commission Meeting. in July. Commissioner Sackett moved that he be given direction to meet with ACi to develop an agenda prior to the first July Commission Mef~ting and set July 27~' as an open fonun similar to what they did with the Longwood Historic Code Book meeting at the Community Building. Seconded by Mayor Bundy. Commissioner Holt asked Mr. Adams if this was part of what they ~ hired ACi to do. Mr. Adams responded in the negative. CC 06-15-09/355 Commissioner Holt inquired if this would be above and beyond the , billing. Mr. Adams responded in the affirmative. Ms. Minus inquired as fo the time the Meeting on July 27~` would begin. Mayor Bundy stated the Meeting would begin at 7:00 p.m. Motion carried by a unanimous roll call vote. B. Public Participation. John Faucette, 1120 Green Vista Circle, Apopka, said he was in support of the poker room. He stated he did not realize it would come to all of this, he was just hoping they could play poker without driving sixty miles to Daytona or to Tampa. JoAnne Rebello, 301 Loch Lomand Avenue, said there were three items she would like to address on the Agenda this evening. First is Item 7 F, seeking a decision on 'the City j oining the County CRA. She asked to what purpose. and how much this would cost the taxpayers of Longwood. She stated she noticed the funding was to be determned,and inquired if this ~ ; Commission. would again dip into the reserves to fund this. She said more ' research was needed and more questions asked. She declared the taxpayers should have a say in the decision to encumber fiords going to a CRA controlled by the County Commission. She .stated decisions were being made and fiends spent without public discussion. She declared this needed to stop and the Commission needs to be more fiscally responsible in their oversight. She said her second item is the presentation by ACi on the so called gateway of the City's south end. She stated when the study was done in 2006 and 2007, the Code Book was created to improve Longwood's quality of life, preserve and increase its property tax base, and provide strategic market driven advantages for smart growth development. She said the Dog Track was in decline and the vision was to look at a future family entertainment area at that location adjacent to Northland Church. She stated the Dog Track has new owners, Penn National Gaming, and they wish to expand their license..She said this was mentioned and she did talk about it when it first came up in March. She inquired if this was the image, the gateway, Longwood wishes to present. .She stated as evidence by several comments made on public record, as well as the moratorium the Commission passed at the last meeting concerning Internet Gaming Establishments, and said the public is concerned about this issue. She said that Penn Gaminb was looking to ~ expand their sources of.revemie and they have met with resistance from j the public and Northland Church. She declared approval was being sought by wrapping it up in a pretty picture, but.not necessarily an accurate one. CC 06-15-09/356 She stated this was all about increased gambling. She said it was her opinion that future development will either never happen or be stalled for years. She inquired why didn't they have a public forum on this and ask the citizens if the direction for Longwood was to increase gambling. Dan McCov, 137 East Maine ~wenue, said at the June 1St Meeting. they were told about an approximate decrease in revenue of 10.08%, or approximately $564,000. He stated it was also stated that they could absorb these costs. He said he lead three very simple questions that need to be answered before they consider entering the CRA. One is knowing that they can expect approximately .half a million dollars, if not more, decrease in the revenue, how can they justify taking tax payer revenue out of the City. Secondly, how are they going to absorb those costs, and how many jobs, programs, or services will be lost. He stated most importantly, number three was if when the C:RA term comes to an end and they decide the CRA has not been beneficial to the City and its residents, and they opt out, do they get that money back, or is it lost, destined for other cities to use. He said if that was the case, it was a lot of money to lose. Win Adams, 646 Fellowship Drive, Fern Park,. said he was here because he was a County Commissioner when the gambling referendum was passed.. He stated it was his District and. he can speak from knowledge on it. He said he came here becausc> of reading the article in the Orlando Sentinel that redevelopment of I)og Track Road may end on a deal to allow poker. He brought some d.octunentation from the Seminole Cotmty Charter from the Charter changE; that occurred November 5, 1996. He stated it talks about all municipal Hiles and•regulations that will supersede the Cotulty Charter, unless it spc,cifically states in the County Charter about a particular subject. He said that happens to be the referendum on casino gambling. He referenced Item E on the second page and said it stated if the County citizens votf;d on having gambling within the Cotulty, the City would have the right to have its citizens decide as to whether they wanted gambling or not. He dec ared when this Resolution was passed in 1996, it was taken out of the hands of elected officials and given to the electorate to determine as to whc;ther they wanted gambling in this County. He stated they needed to take this into consideration as it would be the.entire County that would be voting on this. He said as elected officials, they did not have the authority to make any changes without a referendum to the public. He stated his intent was that there would not be any casino gambling in Seminole County. Charity Walker, 132 Des Pinar bane, said she was here on behalf of Longwood Babe Ruth Softball that just. started three years ago. She stated for the first time one of their Longwood Babe Ruth teams made it to State and they represent the City in the State Tottrnament that will take place July 1St through July Stl' in Jacksonville. She said they were trying to raise money through fund raising and donations so that all of the girls will be CC 06-15-(?9/357 able to attend. She reviewed the costs and said anything that could be done to help this team get to State will help. Mayor Bundy suggested they have a conversation with the City Administrator and the Police Chief. He said there would perhaps be some discretionary funds available. KereX Carpenter, 1121 Waverly Road, Tallahassee, said she had a question she would like to pose with;regards. to the four options that. were presented, the second one being the City granting permission for a card room. She inquired ifthe City had authority to approve a card room, not withstanding Section. 5.1 of the County Code, and if so, is it the Commission's view that the State Statute would supersede the County Code. Mayor BLU1dy said they generally do not answer questions or enter into a dialogue at this time. He stated that is one of the legal issues the Attorney has looked into. 7. CONSENT AGENDA. A. Approve Minutes of the May 19, 2009 Special Meeting and Minutes of the June 1,.2009 Regular Meeting. B. Finance Division of the. Financial Services Department recommends payment of approved and estimated. bills for July 2009. C. Finance Division of the Financial Services Department recommends approval of the. Monthly Financial Report for May 2009. D. Streets/Fleet Division of the Public Works Department recommends the City Commission approve an annual award, for mowing maintenance services, in the amount of $202,615.20 and authorize the City Administrator to sign all appropriate documents. E. Finance Division of the Financial Services Department recommends the City Commission accept the annual audit for the fiscal year ended September 30, 2008 as presented by McDirmit, Davis & Co., LLC. F. The City Administrator requests a decision on the Incorporation of the_City of Longwood into the County's Community Redevelopment Agency (CRA). Mayor Bundy advised that Item 7 D, the mowing contract, has been pulled from the Consent Agenda and it will. not be considered. He inquired if there were any Items the Commission desired to discuss separately. CC 06-15-09/358 ~ Commissioner Sacked moved to approve Consent Agenda Items 7 A, B, C, and E as submitted. Seconded by Commissioner Holt and carried by a unanimous roll call vote. Commissioner Durso moved to approve Consent Agenda Item 7 F. Seconded by Commissioner Holt. Discussion was held regardinL; Item 7 F. Deputy Mayor Maingot said the CRA has eight years left. He inquired if there was any provision in the interim, if they would desire, to opt out. Dori DeBord, Planning Director for Seminole County, said there. were two sections to the CRA and the CRA is composed of the Board of County Commissioners. The second component is the Redevelopment Planning Agency (RPA), which are the :memberships of the cities and act as a guide to the CRA. She stated that once entering into the CRA, you can opt out in the fiih~re by making a request to the CRA that be a consideration. Deputy Mayor Maingot said ir.~ talking with the City Administrator tonight constitutes an application to the County to consider letting us join. Ms. DeBord said it is her understanding that for the City to join the CRA would be a modification of the current CRA Plan boundaries. The City would be required at some poi~rt to do a Resolution stating they are coming into the CRA so that the base can be created. She stated there is a request to be made by the City to the CRA Agency for consideration to be included into the already established CRA District. She explained this was requesting to include the City': jurisdictional botuldaries in their already set ..limits. Deputy Mayor Maingot inquire;d what would be the benefits for the City of Longwood to join the CRA at this point in time. Commissioner Durso said he hoped' that the information provided shows the potential for economic development along the corridor in conjunction with the CRA. He stated. he believed in government investments, not necessarily government expenc%itures. He said he viewed anything that might happen with the CRA as an investment:. He stated this Commission was pro-active in working with the business community, the County, and the Chamber of Commerce. However, the 17-92 corridor has had nothing done for a very long time. He declared this was our opportunity to change that. He inquired what the turn arotmd time would be on a developer ~ wanting to go into one of these areas on 17-92. Ms. DeBord said the CRA turns any type of grant application around as quickly as they can. She stated they go through a process of a technical review, then they go to the RP~~ for consideration, and then to the CRA. CC 06-15~~09/359 She said one of the advantages that every jurisdiction has in the CRA is that they have a dedicated staff person that really pays. no attention to ~ jurisdictional boundaries. She advised there was an opportunity to extend the CRA another ten years. Commissioner Durso inquired if the City of Longwood would be considered an equal partner with full representation. ofthe CRA. Ms. DeBord said that. would be a policy decision of the CRA through a request by the City. Commissioner Sackett inquired why a large developer would. need the CRA. Ms. DeBord said to speak as a staff person, and not representing the CRA, at this point in time with regard to bringing the City into the CRA, it provides continuity along that corridor. She stated what they were missing, with Longwood not being included, was the City's vision. She stated joining the CRA would not prohibit or preclude a developer coming into your own market and stating they would like to have a site. It would preclude the developer asking the City what they could give them in making it a profitable adventure. Commissioner Durso said they have had an adverse relationship in the ~ past with the County and he views this as an opportunity to change it. Motion carried by a unanimous roll call vote. 8. PUBLIC HEARINGS. A. The Community Development Division of the Community Services Department recommends the City Commission read by title only and adopt Ordinance 09-1894 amending the Longwood Development Code as it relates to tree protection standards (LDCA 02-09). Mayor Bundy said the City Attorney has informed him this was not quasi- judicial in nature. Therefore, it will proceed as a regular public hearing. Ms. Roper annotmced having proof of publication for both Items 8 A and B. She then read Ordinance No. 09-1894 by title only. Mayor Bundy opened the public hearing. No one spoke in favor or in opposi"tion to the Ordinance. Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Sackett and carried by a unanimous voice vote. f CC 06-15-09/360 Commissioner Holt moved to adopt Ordinance No. 09-1894, as I presented,. Public Hearing Item 8 A. Seconded by Commissioner Sackett. Discussion was held regardin€; the City providing a list of licensed arborists. Deputy Mayor Maingot said h:, went over the list of tree species with staff and reviewed. the amendments. He inquired if a Tree Preservation Board was necessary. Mr. Kintner advised this language for the option was there in order to provide for the opporhxnity for the City to join Tree City USA and pursue that designation. Discussion was held regaxding the language for a photo to be taken of a damaged tree and educating the public. Mayor Bundy said they would.need a motion to amend page 3, Section 3.3.5 (D) 2 to include language that stated "The City may provide a list of arborists, forester, landscape architect, etc." Commissioner Holt moved to amend the motion to include this new language. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. Mayor Bundy said the second <<rea that needs an amendment was to add the three species as indicated b:y Deputy Mayor Maingot. Deputy Mayor Maingot moved to add Special Bamboo, Hetzi Juniper, and. Wax Privet Recurve. Seconded by Commissioner Holt and carried by a unanimous roll call vote. Mayor Bundy said the third item he had was Item G., Exemptions, He suggested if they have the language "emergency removal due to storm damage shall not require a permit" and leave out the other threats from damaged trees shall not require a permit as Item one. He stated Item two would be Commissioner Holt's suggestion that the whole section of a photo be included as Item 2 as a separate section. Commissioner Durso moved to amend Section G as previously discussed. Seconded by Deputy Mayor Maingot and carried by a unanimous roll call vote;. I Main motion carried, as amended, by a unanimous roll call vote. CC~06-15-09/361 B. The City Clerk recommends the City Commission read by title only , ; and adopt Ordinance No. 09-1896 amending Chapter 30; entitled i "Election" of the City Code. j Ms. Roper read Ordinance No. 09-1896 by title only. Mayor Bundy 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 Durso and carried by a tnanimous voice vote. Deputy Mayor Maingot moved to adopt. Ordinance No. 09-1896,. as presented, Item 8 B. Seconded by Commissioner Sackett and carried by a tunanmous roll call vote. 9. REGULAR BUSINESS. A. The City Clerk recommends the City Commission schedule Thursday, September 3, and Monday, September 14, 2009 as regular City Commission Meeting dates and public hearing dates for the adoption of the FY 2009/2010 Budget. Commissioner Durso moved to approve Item 9 A, as presented. ~ Seconded by Deputy Mayor Maingot. Commissioner Holt advised that he could not ~uarantee being able to .attend the meeting on Thursday, September 3` . Ms. Mirus advised the millage and budget cannot be adopted before the 65~' day, which falls on September 3`d. She said it has to be accomplished within 65 to 80 days. 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 and . adopt. Resolution 09-1212 which establishes a fee schedule for tree removal permits. Ms. Roper read Resolution No. 09-1212 by title only. Deputy Mayor Maingot moved to adopt Resolution No. 09-1212, as presented, Item 9 B. Seconded by Commissioner Holt. Deputy Mayor Maingot inquired if the $20 fee for Residential was in ~ conflict with the prior Tree Ordinance. CC 06-15-09/362 ~ Mayor Bundy said this was for new construction. i Deputy Mayor Maingot said the three inches to less than eight inches DBH they had at $45. When he re-worked the costing of replacement, $SD would be better there. Mayor Bundy clarified that the: money derived from this goes into the Tree Bank Funds. Mr. Kintner responded in the affirmative. Deputy Mayor Maingo~: moved to amend Item 1.Non-residential, three to less than eight :+nches DBH from $45 per inch DBH to $50. Seconded by Commissioner Durso and carved by a unanimous roll call vote. Main motion carrieci; a:. amended, by a unanimous roll call vote. C. The City Clerk recommends the City Commission review a request by the Mayor, Deputy Mayor and Commissioners to attend the Annual Florida League of Cities Conference in Orlando and take action the Commission deems appropri:~te. ~ Mayor Btmdy said in keeping v~ith their Policies and Procedures, in order to attend any function the Commission needs to approve the requests to attend. He stated each Commissioner included their reasons for attending. Deputy Mayor Maingot moved to approve Regular Item 9 C, as presented. Seconded by Commissioner Sackett. and carried by ~ unanimous roll call vote. D. The City Clerk recommends the City Commission designate one. Member of the City Commission to be a voting delegate for the City of Longwood on August 13-15, 2009 at the Florida League of Cities 83ra Annual Conference in Orlando and take action the Commission deems appropriate. Deputy Mayor Maingot moved that Mayor H.G. "Butch" Bundy be the voting delegate at thE; Florida League of Cities 83ra Annual Conference. Seconded by Commissioner Sackett and carried by a unanimous roll call vote, Commissioner Durso moved to extend for no longer than one hour. ~ Seconded by Deputy 1Vlayor Maingot and carried by a unanimous ~ voice vote. E. 'The City Clerk recommends tike City Commission read by title only, schedule July 6, 2009 as the public hearing date and approve the first CC 06-15-09/363 reading of Ordinance No. 09-1897, submitting the proposed Charter ~ amendments to the voters at the November 3, 2009 General Election. i Ms. Roper read- Ordinance No. 09-1897 by title only. Deputy Mayor Maingot moved to approve Ordinance No. 09-1897, as presented, Item 9 E. Seconded by Commissioner Durso. Deputy Mayor Maingot said Charter Amendment #1, and looking at Section 4:04 in the Charter, he takes it that the first paragraph will remain, but underneath it, that section will be coming out. Ms. Mirus responded in the: affirmative: Deputy Mayor Maingot said Charter Amendment #2, where it has the Police Chief and Fire Chief reporting directly to the City Administrator and will serve at the pleasure of the City Administrator is all stnick out. He stated they were leaving themselves in limbo there and they should report to the City Administrator. However, the Commission should approve the hiring and termination of these two positions. Mayor Bundy said they already do by virhie of other sections that show all Department Heads report to the City Administrator. He stated this takes them outside the Personnel Policy by listing them separately and by ~ removing this section it puts them back under the Personnel Policy. He ' said the Commission does not have authority to approve the. termination. of any Department Head, but they do approve the hiring. Commissioner Durso said this was getting away from the "serving at the pleasure" and it is addressed by Personnel Policy. He stated the Personnel Policy protects employees. Motion carried by a unanimous roll call vote. 10. CITY AD1VTEVISTRATOR'SREPOBT. Ms. Powell reported the Commissioners each received a folder this evening with City Administrator comments and she placed items in the order she would be discussing. The first order of business was for the. approval of the Finance Director..She requested the Commission approve Mr. Jon Williams either as the Interim Finance Director and she will bring it forward as an Agenda Item, or they approve him as the permanent Finance Director with a salary of $85,000. She advised he needs to provide a two week notice to his employer. Mayor Bundy said it states in the Charter the Commission has to approve it at the next City Commission Meeting after the appointment and Ms. Powell has indicated she had appointed the Finance Director. He inquired if this was the Commission Meeting they would have to approve the appointment. CC 06-15-09/364 ~ Commissioner Holt moved to approve the appointment of Jon C. Williams as the Director of Financial Sc;rvices. Seconded by Deputy Mayor Maingot. Commissioner Durso said Ms. Powel:( has the job now and she was responsible for picking her team and the Commission will hold her accountable for the people she hires. Motion carried by a unanimous roll call vote. Ms. Powell said the second item she has is regarding Leadership Seminole. She requested permission from the Commission that the City Clerk and she attend Leadership Seminole. She advised they both have. fiords in their budget to cover the cost. It was the consensus of the Commission to allow the City Clerk and City Administrator attend Leadership Seminole. Ms. Powell said she has talked with her staff regarding being: more green in their daily activities by reducing the amount of paper used and utilize scanning. She stated she would like to reduce the amount of paper provided during Commission meetings. She inquired if any of the Commissioners were opposed to using the ' documents online or prefer the paper agenda packet. Deputy Mayor Maingot advised he pre+ferred the paper agenda packet. Ms. Powell inquired how many wanted their electronic mails printed or if they only desire public records requests pri~rted for ot~r files and they can check their own electronic mails. Mayor Bundy said he accesses his electronic mails and would like a copy printed if it is considered a public record for City files. Deputy Mayor Maingot said a lot of those being printed are garbage and not necessary. Ms. Powell said they would be cutting down on the amo~uit of paper they are receiving in their mailboxes. Ms. Powell reported she has a special e:vents application from NFRA for a Tea Party Voter Rally on July 4~. She said. it was her understanding the Commission approves these applications. i Mayor Bundy advised they had previously approved this. Ms. Powell reported the City Garage S,~le will be held on June 26~' and June 27~'. CC 06-15-09/365 1VIs. Powell said at the last Meeting the City Attorney brought forth an Ethics Ordinance that was from the City of Sanford. She inquired if this was something ~ ~ i the Commission wanted to pursue and have. on the .Agenda. Mayor Bundy advised they wanted it for reference. Ms. Powell reported. several of the Commissioners ,have mentioned to her the matter of re-opening the City Garage. She inquired if they would like to keep the City Garage open or would they like to have this issue on as an agenda item. Deputy Mayor Maingot inquired if the cost involved of re-opening it was not in the Budget. Ms. Powell advised the line item. 4610 for the Repair and Maintenance of vehicles has always been in the Budget. She. said the personnel were still employed with the City and it did not require any budget amendments. She stated it was a decrease versus outsourcing and bringing. it back in-house and this information was provided Apri16~'. She said it was of the best interest. of Chief Jackson to request the Garage be back open. Commissioner Durso inquired if the numbers that continued to rise were the number out-of--house or in-house. i Ms. Powell responded out-of house. She advised the Police Department's Budget for vehicle maintenance had to be increased considerably to cover the cost. Once this was brought back in-house, they have been able to keep those costs low. Chief Jackson reviewed the fleet of vehicles in the Police Department. He said the warranty does not cover breaks, oil changes, tires,. or damaged areas. He stated their oil changes were $24.95. He said one point he would like to make that was essential is that when he was in the capacity as the Acting City Administrator he asked for some direction and while he did not ask for a roll call vote, he heard "yes" from all to move forward. He stated the two City mechanics they had were replaced in other positions and they were not put back in at their original salary. While in these other positions they received raises in those particular functions. He explained when putting them back in to the position of City mechanics, their implementation reflected where they would have been if they had not been displaced. He advised he had not briefedthe City Administrator regarding this matter. . Commissioner Sackett said he would recommend bringing, this forward at a meeting so they can see this in writing. Mayor Bundy said it has, been operating. this way since March and the Acting City Administrator did receive. approval from the City Commission to move forward with this. He stated the cost savings continues and he would see no need to place ~ i this on a future agenda. CC 06-15-09/366 Commissioner Holt said they have t~~ consider the. quality of what they are receiving in return and the control o:F what they are doing. He .stated that vas why they agreed by a consensus to let it ~;o and he did not understand why they were bringing it back again. Ms. Powell advised because there w,~sn't an actual vote taken. Commissioner Durso moved to bring the agenda item up at the :next meeting for it to properly be p?ut on the agenda with all of the information that has been previously requested be provided,.. so they can properly vote on this. Seconded by Deputy Mayor Maingot. Mayor Bundy said if they are establishing. that the Commission has to approve this, then it has to .stop. He stated they have had ample opporhulity to discuss it and bring it up on the dais. He inquired if they were going to stop a City fimction and go back. He affirmed they have paved money with this and pointed out that they had to do a budget transfer in thf, Police Department early on because they had already exceeded their maintenance budget for the year. Deputy Mayor Maingot asked the City Attorney with what they have stated, did the Garage operation have to cease until such time they approve it. Ms. Powell said she has had so many questions concerning the Garage that she felt it appropriate to bring it back before the Commission to make sure they were in agreement of the. cost savings of having the Garage open as a City fimction. She reiterated the money was already budgeted for that line item. Ms. Roper advised the Commission just needed to confirm to the City Administrator that it is okay to keep ii: going. Mayor BLU1dy inquired if they could do this by a consensus tonight. Ms. Roper responded in the affirmative, as long as it was not costing any additional funds. Commissioner Durso withdrev~ the motion. It was the unanimous consensus of the City Commission to continue to operate the City Garage as it exists at the presf,nt time. 11, MAYOR AND COMMISSIONERS' REPORT. District #2. Commissioner Durso said he wanted to check on the status of Resolution 09-13 which is the affirmation support for SunRail. He sent this to Mr. ~ Roper following his last MetroPlan Orlando Meeting. Ms. Roper advised Mr. Roper had not discussed this with her. CC 06-15-09/367 Commissioner Durso said a majority of Commissions have already passed this reaffirmation Resolution and he would like to see this brought before the City ~ Commission. He stated he would get with the City Administrator to get this on the i Agenda. Mayor Bundy said it was his understanding that Mr. Roper was going to prepare this and send it, and through the consensus of the Commission it would be approved. Commissioner Durso said it was sent to all of. the Commissioners through Ms. Parley Clemons. It was the consensus of the Commission to reaffirm the approval of the Resolution for the Mayor to sign. 1VIs. Roper said. she would discuss this with Mr. Roper this evening. District #3. No report. District #4. No report. District #5. No report. District #1. Deputy Mayor Maingot said he received confirmation from the City ~ Administrator that the people who were laying the sod were going to go back and ' finish it at Reiter Park.. He stated the other point was that they have some work going on now at Church Avenue. He said they have. laid the pipe underneath there, but they did not have a catch and he recommended they put a catch in there. He stated the Swale should be considerably lower than the level of the road and if this was not corrected prior to the road repair, the asphalt will separate: 12. CITY ATTORNEY'S REPORT. Ms..Roper said Mr. Roper indicated to her there was a hearing on the Gamble case tomorrow and he would be in touch with the Commission regarding the results. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Bundy adjourned the meeting at 10:45 p.m. o ~ ~ Ha od G. Bundy, Jr., M or ATTEST: i Sarah M. Mirus, MMC, MBA City Clerk CC 06-15-09/368