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CCMtg07-06-09Min 4 LONGWOOI~ CITE' COMMISSION ~ Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINU7CES JULY 6, 2009 7:00 P.M. Present: Mayor H.G. "Butch" Bundy Deputy Mayor John C. Maing~ot Commissioner Joe Durso Commissioner Mike Holt Commissioner Brian D. Sackeitt Donovan A. Roper, Acting City Attorney Katrina Powell, City Administrator Sarah M. Mirus, City Clerk Lieutenant Phyllis Williams, gaining. Officer, Fire Department Commander Russ Cohen, Interim Director of Community Services Kelly Morrow, Community Development Coordinator Chris Kintner, Community Development Coordinator Don Castner, Fire Marshal Fran Meli, Recreation Program Manager Lieutenant Cindy Carbonell, >H'ire Department Jaime Shearer, Temporary As,~istant to the City Administrator 1. CALL TO ORDER. Mayor Bundy called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATIOr1 was followed by.the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENT~~. Ms. Mirus read the following announcements: A. Family Movie Night will be helld on July 7 and 14, 2009 beginning at 7:00 p.m., Longwood Community Building, 200 West Warren Avenue. B. Senior Matinee will be held on July 15, 2009 from 1:30 p.m. until 3:30 p.m., Lon€;wood Community Building, Z00 West Warren Avenue. This month';~ feature is Gran Torino. ~ C. A.Bhie Grass Pickin' will be hfad on Saturday, July 18, 2009 from 7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West Warren Avenue. CC 07-06-09/369 4. PROCLAMATIONS/RECOGNITIONS. A. District #2 Presentation of the Business Person of the Month Award ~ for July 2009 to Antoun Herro, Owner of Antonio's Sartoris N.Y. Pizza & Subs, located at 1616 North .Ronald Reagan Boulevard. Commissioner Durso read a brief biography on Antoun Herro, Owner of Antonio's Satoris N.Y. Pizza & Subs. He then presented him with the Business Person of the Month Award for July 2009 and photographs were taken. B. Proclaiming the month of July 2009 as "Parks and Recreation Month." Mayor Bundy read a Proclamation proclaiming, July 2009 as "Parks and Recreation Month". He presented Fran Meli, Recreation Program Manager with the Proclamation. Photographs were then taken. C. Recognizing Ms. Sarah M. Mirus, City Clerk, for obtaining the designation of Master Municipal Clerk. (1VIMC) through the International Institute of Municipal Clerks (IIMC). Ms. Tracy Ackroyd, CMC, City Clerk of Clermont; gave a brief history of what is required to achieve the Master Municipal Clerk (MMC) - ~ Certification. She recognized Ms. Sarah M. Mirus for obtaining the j designation of MMC and presented her with a certificate and pin from the ~ International Institute of Municipal Clerks (IIMC). She also recognized Ms. Mirus for recently being sworn-in as the Central East Director of the Florida Association of City Clerks {FACC). Photographs were then taken. 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Land Planning Agency. Commissioner Sackett nominated Mr. Paul Lovestrand, 500 Preston Road, to the Land Planning Agency. Nomination carried by a four/one voice vote with Mayor Bundy voting nay. B. District #4 Nomination to the Parks and Recreation. Advisory Board. Mayor Bundy nominated Ms. Lori A. Rice, 609 Quail Avenue, for reappointment to the. Parks and Recreation Advisory Board. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Presentations. Representatives from the Longwood Chamber of Commerce will conduct a presentation on the Haunted House. i' Mr. Michael Towers said he was wearing two hats this evening. He was v representing the Longwood Area Chamber of Commerce and Habitat for CC 07-06-09/370 Humanity, ofwhich he is the current Chairman. He stated he met with Commissioner Sackett last year in September when he came to the Chamber to ask if they could partner on working with the Haunted House. He said the. City has taken the position of not wanting to occur a lot of overtime to work with the Haunted House. The Longwood Area Chamber has agreed to take this project o~1 to continue the Haunted House. He declared the only way to make this work was to build the Haunted House one time in portables and not have to keep building it. He stated they have a commitment from the School ;Board for at least two and possibly three portables they will donate for this purpose. He said Habitat for Humanity will take possession of the donated assets and partner with the Longwood Area Chamber of Commerce. H~ declared they were in current discussions with Progress Energy to be able to use the power line easement off of County Road 427 as a location for this. He explained this way they can park the portables there and leave them on the wheels, it meets their current codes and they don't have to worry about transporting. or storing them. He stated the last piece to the puzzle was the decorations and the items the City currently have in their possession. Originally when Commissioner Sackett made the presentation to the Commission, it was just.the Longwood Area Chamber of Commerce and now the Chamber is partnering with Habitat for Humanity on the project. He explained the donations would come to Habitat for Humanity and the Longwood Area ~ Chamber of Commerce would partner with them on the event itsel:E r Commissioner Sackett. said their original discussion was no cost incurrence. He declared the cost involved from the City would be the donation of all materials to the Chamber. He stated with Habitat for Humanity, this would be an alteration,, but he did not see a problem with that. Mr. Towers said there were. some City employees that have an interest in sponsoring some of the rooms.. He stated the Chamber would turn this ,into a fundraiser for the non-profits and they would ask other businesses in the area to participate or sponsor a room. He said the Chamber would try to turn this into a five day event as opposed to a two day event. He declared,. at this point, they were looking i:or the Commission to agree to working with both the Longwood Area Chamber of Commerce and Habitat for Humanity. He stated he hoped to have all of the details finalized within the next 45 days to be able to come back before the Commission and advise them of what will occur. Deputy Mayor Maingot inquired to the location. 1VIr. Towers said it was the powf;r line easement on. County Road 427, which is the next lot outside the City limits. He stated they would be leveling the area and fencing a portion of this area for this purpose. CC 07-06-1)9/371 Deputy Mayor Maingot inquired if Progress Energy had given permission to put up a permanent structure on their easement. ~ Mr. Towers explained it would not be a permanent structure. They will have to remain on trailers and. be portable so that at any point in time they could be moved. Commissioner Durso inquired where Progress Energy stands on this now. Mr. Towers advised they have made presentations fo the power line easement manager and the manager of public relations. He said they were still looking into the matter. He stated Habitat would be securing the insurance policies and this would be paid for from the proceeds. Commissioner Holt suggested the City Administrator and City Attorney go ahead and see what the liability process would be and what kind of contracts they will need. Mr. Towers said theproperty was within the County and the event would be licensed through Seminole County. Commissioner Sackett inquired who would assume the liability. He also inquired.if they had an alternative site. Mr. Towers said that Habitat for Humanity would assume the liability for moving the portables. He advised they were also looking at the Auto Auction on 17=92 as an alternative site. Deputy Mayor Maingot inquired if the City of Longwood would be completely out of this as far as name recognition. Mr. Towers said that neither Habitat for Humanity nor the Longwood Area Chamber have any questions or concerns regarding name recognition as far as advertising the event. Ms. Powell clarified the City's involvement would only be the donation of materials. It was the consensus of the Commission to move forward with this matter. B. Public Participation. Dan McCoy, 137 East Maine Avenue, said he would speak on two .separate issues on the Agenda. The first issue was Consent Agenda Item 7 F pertaining to awarding a mowing contract to two different companies. He questioned why-the City needed to pay $202,615.20 to two companies ~ to mow and take care of our right-of--ways .and lift stations. He stated when he purchased his home it was understood that he was responsible for CC 07-06=09/372 mowing his entire yard. He said this past year he has watched Cato ~ Services mow the right-of--ways on Grant and Wildmere and inquired why. He stated Maine Avenue has an issue with speeding, so it can't be that. He inquired why our Streets Department can't do this. He said if an employee making an overtime wage of $30 an hour for ten hours a. week comes to $14,4.00 a year and thi;~ would save the City at least $188,215. He stated that money could be used for many things. Second, regarding Item 9 F, there has been a growing publicity regarding gambling in Longwood. He said someone addresses this issue almost daily on Real Radio 104.1 and the response they are getting is for gambling. He stated the City recently spent $56,000 i:o AC'i to do a study and they did a good job. Now we are being asked to ;pay more money for a public meeting. He declared, let's be realistic, did anyone really believe that either Penn Gaming, the Dog Track, or any of the principles involved will be willing participants in any development if they don't get what they want. He affumed that recently the City placed a moratorium. on permitting so they could determine what can be done regarding Internet Cafes. He stated to get the entire gambling issue set~:led before we have any more meetings, and especially before spending any more money.. He said they would be putting the cart before the horse if they proceed without knowing the entire picture. Pat Keller, 575 Preston Road, said she was speaking in reference to Agenda Item 9 A, the Gamble Foreclosure. She stated congratulations and said they have the opportunity to make the right step in dealing with this property. She affirmed that she .and her husband have lived next to this property for almost 20 years and nothing has been done. She said Ms. Mary Gamble has not taken 'any responsibility for keeping her property up and stated she was speaking for the residents of Devonshire in that they all want her to bring this house up to Code. She asked the Commission to please think of the Devonshire residents. They would like for the City to bring this house up to Code and sell it to a nice family.. JoAnne Rebello, 301 Loch Lom~~nd Avenue, said she would be addressing Item 9 F, among .other principle;. She stated it has now been 233 .years and 2 days since the birth of our Nation and a little over 146 1 /2 years since Lincoln's Gettysburg Address. She said she states this tonight to remind everyone that this Country was born due. to oppression'by one government and survived through a Civil War. She declared the truths are that the United States is a Nation built on democratic principles and as Lincoln stated, "....government of the people, by the. people, for the people shall not perish from the earth." She stated General Colin Powell recently stated "Government belongs to the people and exists to secure the rights endowed to every citizen." She said as our representatives, the . Commissioners have a duty to hear their grievances, address them, and strive to do their will, which is why they were elected, to represent the people. Tonight they are discussing the public forum for the so called Southern Gateway..She stated it was her belief it has more to do with CC 07-06-1)9/373 allowing Penn Gaming extended gambling rights than it has to do with , " enhancing a corridor. She declared she watched intensely when this was ~ last discussed and saw the dismay on more than one face on the dais when it was suggested that the people have a right to offer their opinions on how this City proceeds. She has also heard the issue is not a moral one, but one that should be decided by the issue of revenue. She said the Lottery was supposed to save our education system, and now the savior will be gambling. She stated she was not buying it and said she heard the argument that the Dog Track was losing revenue and has a right to be competitive. So, what happens when the poker rooms are not competitive; slot machines; roulette tables? She inquired why open the door, and asked if Longwood was in such. a precarious financial situation that we need gambling to survive. She stated to let the people have their say and have all of the facts. She declared we did not need to pay a consultant to present pretty pictures and add up the numbers. We have well paid bright staff to accomplish this goal. She said not to join the Community Redevelopment Agency (CRA), as that was another waste of Longwood tax payer's dollars. In closing, she said that governments belong to the people and exist to secure the rights endowed to every citizen. Paul R. Ashe, 249 Springside Road, said he was President of the Florida Council on Compulsive Gambling, which is an advocacy agency for the State of Florida. He stated they were not for or against gambling, they are. , j a neutra1501 C-3, but he was here to tell them that gambling was not a ~ one-sided street; it has its down side repercussions. He said the booklets. he gave them show some of'the activities and problems that have been addressed and created by problem gambling. He stated thirty percent (30%) of the people that call their hotline have committed some crime to finance their gambling. He said that sixty-eight percent (68%) are male gamblers who enjoy card rooms. He stated if it is approved, they would caution the Cify that they should have proper signage, responsible gaming programs, and they should have trained personnel in the establishment to " recognize this problem should it come up. He affirmed it was a major problem and a hidden addiction. He said he would be happy to address any questions. He stated it was not aone-sided proposition and they should consider the consequences and make sure if they do approve it, there are precautions implemented. Felipe Santos, 185"5 West State Road 434, Suite 222, said he was here as a small business owner in Longwood and he was also representing Northland Church Distributed as a member. He stated he was here to talk about Item 9 F and the gambling proposition at the Dog Track. He said the location was between two schools and as stated, it is a hidden addiction. He asked the Commission to consider the consequences on the community. 1 J; Marcus Mennen~a, 921 Devon Creek Road, Winter Springs, said'he was a member at Northland Church and a volunteer there. as well. He stated to CC 07-06-09/374 follow-up on several of the comments, Northland was about families, community, and developing the wellness of our community. He said there were many things they do to help with the horneless, widows, and fatherless children or children that have no parents. He stated it was fair for them to voice the things that could come against that and fight against the efforts they have made for ~r~.any years. He said after googling articles on the harms of gambling on a community, he was heart-wrenched and blown away at some of the headlines and stories. he read.. He stated that Chief Tom Jackson said on the City's webste last year that our children were Longwood's greatest. natural resource and it was the Longwood Police Department's goal to prol:ect that resource. He said people moved their families to this area to teach them about hard work, tenacity, honesty, and determination to become su~;cessful and earn a living, not gambling to make them successful. He stated_accepting this expansion of gamb ing, they believe is spinning the future of their children on a wheel of fortune. Peter Katauskas, 1401 South Gr:ant Street, said he was also a member of Northland Church and was spearing as a citizen of Longwood. He stated he has been involved in several meetings over the last several months with some of the key stakeholders, as defined by ACi, and Northland has been defined as one of those stakeholders. He said there have been several interviews where the local publi~~ations have asked from people at their Church, including their Senior Pastor, Dr. Joel Hunter, in which they have made clear through all of these discussions, what their position is. He stated this was not just a legal is;~ue, it was a moral issue, and they do not believe gambling is an activity that builds community. He declared it has a destructive influence on individuals and families. Therefore, it has a destructive influence on commu~~ity, society, and culh~re. He asked that the Commission please review the statistics that have been presented tonight, in addition to other stati;~tics that are available that clearly :point out the negative impact of gambling in our community. He said they also want to focus on things that they are for, the positive development in Longwood, things that support fi~tnily and community. He affirmed we were a small. peaceful town and would like to continue to perpetuate that with things like healthcare, the arts, education,. physical fitness, playgrounds, parks, and cultural activities. These are the things that build family and community. He stated when any establishment has a sign that says you must be eighteen or older to enter, that is clearly not a family oriented activity. He said no one ever says the family that gambles together stays together. We all know it will take considerable private investment to develop the vision. that has been tasked by ACi and he stated it was a beautiful vision. He inquired if the presence of expanded gambling invite this or deflect t1-~is. He said let's cast a vision that stirs-the hearts of investors in our commuuty to move forward with the positive ~ things that build and enhance our town. He implored the Commission not ~ to sell out our community and th.e family values that they so embrace for a few dollars. He declared the future of Longwood largely lies in the . CC 07-06-1)9/375 Commission's hands regarding this issue and stated if it was in their hands, he implored them to vote no. ~ Valerie A. Jones, 1450 State Road 434, said she noficed the City was on the news foreclosing on a 75 year old woman. She stated she did not know the story behind any of it. She suggested if they could do a reverse mortgage where she would clean up the house and set aside payments for lawn and pool care and help the community help her would look better on the City. She reiterated that she did not know the story, but said she would be glad to talk with anyone to help with this. 7. CONSENT AGENDA. A. Approve Minutes of the June 15, 2009 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for July 2009. C. 'The Fire Department recommends the City Commission approve an increase to the existing Blanket Purchase Order for Ten-8 Fire Equipment. The new total shall not exceed $34,728.00 and authorize the City Administrator to sign the appropriate document. D. The Purchasing Division recommends the City Commission approve a Change Order to increase Purchase Order 013462 to Interior Contract Services, Inc. by the amount of $4,539.56 and authorize the City Administrator to sign the Purchase Order. E. The Community Development Division of the Community Services Department recommends the City Commission consider a request from Isabel and Lewis Warren to waive fees associated with the annexation and assignment of a Land Use Designation to parcel number 29-20-30-SAT-0000-003B: F. Streets/Fleet Division of the Public. Works Department recommends the City Commission approve two (2) annual contracts, for Mowing Maintenance Services, for the total combined amount of $202,615.20 and authorize the City Administrator to sign all appropriate documents. Mayor Bundy inquired if there were any Items the Commissioners would like to be considered separately. Commissioner Holt requested Items D, E, and F be considered separately. Deputy Mayor Maingot requested Item. C be considered separately. .~i CC 07-06-09/376 Commissioner Durso moved to approve Items A and B on the ~ Consent Agenda. Seconded by Commissioner Holt and carried by ~ a unanimous roll call voi:e. Discussion was held regarding Item 7 C. Deputy Mayor Maingot :moved to table Item 7 C to be brought back with all of the details to the July 20, 2009 City Commission Meeting. Seconded by Commissioner Durso and carried by a unanimous roll call vote, Discussion was held regarding Item 7 D. Commissioner Holt moved to approve Consent.Agenda Item 7 D. ,Seconded by Deputy Mayor Maingot and carried by a three/two roll call vote with Deputy Mayor Maingot and Commissioner Sackett voting nay. Discussion was held regarding Item 7 E. Commissioner Holt moved to approve Consent Agenda Item 7 E as submitted. Seconded by :Deputy Mayor Maingot. Mayor Bundy inquired if the Commission had the authority to waive these fees since they were set by Ordinance. He asked if staff had taken any action in bringing forward the Ordinance to provide authority to change fees. Mr. Roper advised there have been no steps taken to address the Ordinance the Mayor was referring to. He said the language in the Ordinance did not currently provide the authority to waive fees. Mayor Bundy suggested this Item be tabled to be brought back later in the Meeting. Commissioner Holt moved to table this item until later in the Meeting. Seconded by Deputy Mayor Maingot and carried by a unanimous voice vote. Discussion was held regarding Item 7 F. Commissioner Holt said he wou:~d like to see snore accountability on the City's part in supervising the mowing. I ~ Commissioner Holt moved to approve Item 7 F as submitted. Seconded by Deputy Mayor Maingot and. carried by a four/one roll call vote with Commissioner Durso voting nay. CC 07-06-09/377 Mr. Roper advised the current fee schedule under the Longwood Code, Appendix B, for development applications for annexation calls fora $200 ~ ~ fee schedule on involuntary or enclave annexation and $100 for voluntary annexation. He said there have been no Ordinances passed since that time that would allow waiver. Mayor Bundy said Item 7 E was requesting waiver of that fee and the $1,000 land-use change. He stated he would assume that also cannot be waived. Mr. Roper responded in the affirmative. Mayor Bundy said this puts them in a situation of whether the property owner wants to move forward to pursue the annexation. Mr. Roper suggested the Item be tabled and revised. He said with the proper revisions and prior notice, they could achieve the same end result. Mayor Bundy inquired if they could approve the first reading of the Ordinance under Item 9 E and amend it to include in the Ordinance, the waiving. of fees. Mr. Roper advised they would have to read into the record what the amendments would be. I Ms. Powell said in the past the Commission had discussed revising this entire process by creating. a Resolution for fees. She stated staff has been directed to come up with a fee schedule in a Resolution format. Mayor Bundy said they could move with this annexation by amending the fees in the annexation Ordinance. Prior to any additional waiving of fees, they could set fee schedules by Resolution. He suggested a motion to delete Item 7 E from the Consent Agenda. Commissioner Holt withdrew his original motion to approve Item 7 E, as submitted. Commissioner Holt moved to delete Item 7 E from the Consent Agenda. Seconded by Deputy Mayor Maingot and carried by a unanimous roll call vote. 8. PUBLIC HEARINGS. A. The City Clerk recommends the City Commission read by title only and adopt Ordinance No. 09-1897, submitting the proposed Charter i amendments to the voters at the November 3, 2009 General Election. i ~i' Mr. Roper announced having proof of publication. He then read Ordinance No. 09-1897 by title only. CC 07-06-09/378 ~ Mayor Bundy opened the public hearing. No one spoke in favor of the Ordinance. The following spoke in opposition to the Ordinance: JoAnne Rebello, 3'01 Loch Lomond Avenue, said she had a problem with taking out all qualifications of 4.04 in deciding on a City Administrator. She stated maybe it needed some tweaking, but they would be taking out all qualifications. She said this cvas put in the Charter as a check and balance to help the Commission decide. She stated this was having professionals look at the qualificrations of City Administrators and something needed, to be there. Commissioner Holt moved to close the public hearing. Seconded • by Deputy Mayor Maingot and carried by a unanimous voice vote. Commissioner Holt rnoved to approve Ordinance No. 09-1897, as submitted.. Seconded by iVlayor Bundy and carried by a three/rivo roll call vote with Deputy Mayor Maingot and Commissioner Sackett voting, nay. 9. REGULAR BUSINESS. A. Mayor H.G. "Butch" Bundy requests the City Commission discuss the Mary Gamble ForeclosurelCondemnation for the property located at 565 Preston Road. Mayor Bundysaid this was placed on the Agenda for the City Attorney to provide an update. He stated there were certain items they could not discuss since litigation was pending due to the time for an appeal. Mr. Roper reported on Jlule 16,....2009 at a hearing with Judge Allen Dickey, the Seminole County Circuit Bench granted the City of Longwood's Motion for SumrnGry Judgment asking for both an Order of Judgment of Foreclosure and also a Judgment of Condemnation on the Mary Gamble property located atS65 Preston.Road in Longwood. He said this litigation started in 2006 wi-~h the former City Attorney. The case evolved into a condemnation case because of the various structural unsafe conditions and hazards the residence has•both on the interior and exterior of the property. He stated the Commission may recall in March 2008 there was a court order for inspection of the house on the interior since Ms. Gamble would not allow access to the interior~of the Building Official, Fire Marshal, or Codes Enforcement. When the order was provided for interior access to the Building Gfficial, Mr. Aldrich noted several safety ~ hazards and other problems with the interior, mostly due to severe mold damage, drywall and ceilings that had been ripped out and never replaced, exposed wiring, and structural is>sues that needed to be addressed. Ms. Gamble was given 120 days to bring the interior of the building into compliance with the Building Code. He said there were also assurances CC 07-06-09/379 given to her that as long as she was showing progress and making an effort ~ , to rehabilitate the building that time extensions -would be afforded.. i Nothing took place and photographs were filed with the court in September 2008 showing that nothing had transpired either to remedy the exterior or interior premises. He stated a motion was filed•in September and scheduled in October 2008, and the Commission instructed him to cancel the November 2008 Summary Judgment Hearing in order to give Ms. Gamble another opportunity to cure the various problems. He said it was safe to say that some efforts have been undertaken by members of the community and 1VIs. Gamble at least initially to try to address the situation, but it did not last very long. In late 2008, pursuant to the Commission's request they asked the court to have Ms. Gamble evaluated from the standpoint of mental competency. He stated Judge Dickey thought that was a good idea and he recommended it to Ms. Gamble, but he would not order her to undergo that. At that point, he was instructed to proceed forward with the hearing. Again, on June 16~', the Judge entered an order giving the City a final judgment of foreclosure to foreclose on over $120,000 worth of outstanding Codes Enforcement Board liens and also a final judgment of condemnation because all of the conditions identified and cited in late March 2008 have not been addressed. He advised the Judge's orders have not been entered yet and he cautioned the Commission not to discuss this or take any action openly because it is in litigation. He said they have had a prior Shade Meeting on this pursuant to j Chapter 286 of the Florida Statutes. He stated nothing was final until after thirty (30) days when her appeal time has expired. Mayor Bundy said he wanted this on the Agenda due to the amount of telephone calls from the general public and the press regarding this issue. He stated it was important for the City Attorney to provide the timeline of everything. He said Mr. Roper had stated previously in a report that even Judge Dickey had stated the City had bent over backwards to try to accommodate Ms. Gamble. Mr. Roper said this dispute pre-dates the litigation that was instituted in February 2006 by Richard Taylor, then City Attorney. He stated there have been Codes- Enforcement issues for many years and the dispute was long-standing prior to February 2006 when the City filed suit. He said during the hurricanes of2004 there was roof damage to the structure that was not repaired until several months that led to interior molding and algae problems that have never been addressed. He stated there were issues with a green pool, vermin issues in and out of the house, and profound stnicturaI issues involved. He reiterated that nothing was final until the appellate time period has run out or been addressed. Mayor Bundy said if it does become an eminent danger to human life or public safety they do have some. fairly extraordinary powers where they can mitigate if necessary. CC 07-06-09/380 Mr. Roper advised Ms. Gamble has 30 days from the date of the entry of the final judgment to file a Notice of Appeal with the Fifth District Court ~ of Appeal in Daytona Beach. If ;she doesn't. do that within thirty (30) days, then it will be deemed to be a Final Order and at that point title would switch to the City. He said he w~~uld notify the Commission once the Final Order was in. Mayor Bundy said in the interest of saving some time on the issue, they will need some options. Mr. Roper said there were a lot ~~f issues that will need to be resolved. One of which, it will need to be re-inspected on the. inside to find out what has transpired since the Building Official and Fire Marshal went in on March 2008. Once it is a Final Order they will need to address whether it is a re- habitable building. B. Commissioner Brian I). Sackett requests the City Commission discuss First Response and the City versus County calls. Commissioner Sackett said the Commission recently received from the Fire Department calls Year to Date from last year. He stated it was his understanding they receive an update July 31, 2009. He said this shows the , total calls run by the Fire Department within the City and outside the City, and then it talks about the County corning in. He stated this was discussed before the Joint City/County Advisory Committee. He said Longwood's case seems to be a little heavier than the surrounding cities and about 35% of the calls are our people. serving unincorporated Longwood. He stated last fall there was a discussion apt Woodland's Elementary where it was discussed about the County placing a Station at the corner of Lake Emma and Longwood Hills Road. He said it was his Lunderstanding that this was not going to happen and we were back to our two Stations doing these 4,000 runs a year. He said he asked the Chief of Seminole Cotulty in a meeting several months ago whc,re this First Response Agreement was and stated it basically sits on a desk :in the County Office and hasn't gone anywhere. He declared they needed to do something so that they have some First Response Agreement: soon, especially if there is no money for the third Station. He suggested they sit down with the City Attorney and craft something between Longwood and the County, exclusive of what the other cities are doing. Mayor Bundy said the County was satisfied with the status quo. He stated the First Responder Agreement :has worked very well on both sides. He said there were some inequities with Longwood on the calls we make outside versus inside. He stated. it was a problematic issue, but he was not willing to say we were going to withdraw from the First Response Agreement. He said we receive other things, such as Hazmat, from the County that would be difficult at this time to provide. He stated the City of CC 07-06-09/381 Casselberry had been considering merging their Department with the County and then they decided not to. ~ Commissioner Sackett said he would like the City Administrator meet with the County to discuss bringing something forward. Deputy Mayor Maingot inquired when we do these services like the medical transport, who initiates the billing and receives the credit for the service, the City or County. ' Mayor Bundy said it depends on who is transporting. Deputy Mayor Maingot said we have been having this impasse for several years. He stated if we receive the funds for providing the service, then that gives us some form of compensation in the interim. Mayor Bundy said we were doing 509 good intent calls outside the City. He 'inquired what these were. Ms. Powell said the way it was explained to her was that if someone was outside grilling and their grill shoots up on fire and someone places a call. Once we get there, it is determined it is not a fire. In this case, the good intention is there. She stated it was her understanding the cities got together and came up with another Agreement and -this was what was on .~j the desk at the County. ' Commissioner Sackett- said he understands there were seven different Agreements and none were ..similar. He stated he would like the folder opened so we can start a dialogue. C. 'The City Clerk recommends the City Commission read by title only and adopt Resolution No. 09-1218, adopting a new Interlocal Agreement with the Seminole County Supervisor of Elections to provide early voting services and materials for the 2009 municipal election by the Supervisor of Elections. Mr. Roper read Resolution No. 09-1218 by title only. Commissioner Holt moved to adopt Resolution No. 09-12.18, as presented, Regular Item 9 C. Seconded by Commissioner Sackett. Deputy Mayor Maingot inquired under Exhibit B what the anticipated cost for this service was. Ms. Mirus advised the Supervisor.of Elections has not provided her with that information. She said this cost would also include the equipment ~ being used for the General Election in the Commission Chambers on November 3`d CC 07-06-09/3.82 Motion carried by a unanimous roll call vote. ~ D, City Administratorrecommends the City Commission read by title only, set July 20, 2009 as a Public Hearing date, and approve the first reading of Ordinance No. 09-1.898 which amends the Adoption Agreement for the Retirement Plan and Trust for the Firefighters and Police Officers. 1VIr. Roper read Ordinance No. 09-1898 by title only. Commissioner Holt moved to approve the first reading of Ordinance No. 09-1898 ~~nd set July 20, 2009 as a public hearing date, as submitted. Seconded by Commissioner Sackett. Deputy Mayor Maingot inquired what the anticipated cost to the City was. Mayor Bundy said there was no cost to the City or Pension Plan. He stated he was at the Pension Board Meeting the night this was discussed. and it was clearly established that anyone wishing to partake of the buy-back program will have to make the fi.~ll contribution themselves and also pay for the actuarial study. Commissioner Durso said there :has been a concern raised about the monetary interest generated over the time. He inquired who was responsible for the interest, the employee or the City. Ms. Powell said as far as the bu}~-back was concerned, the person wishing to purchase the time is responsible to pay. Commissioner Sackett said he dad not understand that it may be purchased, but not for vesting. Mayor Bundy said the time purchased cannot be used for vesting purposes. He stated you can buy into it for puuposes of the retirement money received. Ms. Powell explained this. Ordinance makes the change in the Normal Retirement Age from Age 50 and 10 years of service to Age 50 and 5 years of service. She said this ha.d not been changed when the vesting was changed to 5 years of service. Motion carried by a unanimous roll call vote. E. The Community Development Division of the Community Services ~ Department recommends the I~ity Commission read by title only, set July 20, 2009 as the Public Hearing date, and approve the first reading of Ordinance No. 09-1899 to annex (ANX 01-09) parcel number 29-20-30-5AT-0000-0(13B. CC 07-06-09/383 Mr. Roper read Ordinance No. 09-1899 by title only. , Commissioner Holt moved to approve the first reading of Ordinance No. 09-1899 and set July 20, 2009 as the public hearing date. Seconded by Deputy Mayor Maingot. Mayor Bundy said they need an amendment to the Ordinance in order to waive the fees. Deputy Mayor Maingot. moved to amend Ordinance No. 09-1899 to waive the fees as per Item 7 E discussed earlier. Seconded by Commissioner Holt. Ms. Mirus said the advertisement had already been published on the 5~' and was scheduled to be published on the 12~'. Commissioner Durso said if they didn't have any germane issues was there a problem. Mr. Roper responded in the negative. He said for point of clarification, what would be waived were the annexation fee of $100 for the voluntary annexation and also the waiver ofthe $1,000 land-use change fee. Motion to amend carried by a unanimous roll call vote. Main motion, as amended, carried by a unanimous roll call vote. F. Discussion of the City Commission on the Proposal for Services by Charles C. Bohl regar--ding the July 27; 2009, Public Forum to discuss the development of the Southern Gateway District. Mayor Bundy said they received an electronic mail from Mr. Charles Bohl so he requested this be placed on the Agenda. Commissioner Sackett said he volunteered at the last Commission Meeting to meet with Mr. Adams of ACi to discuss this vision and mission for the Southern Gateway District. The discussion at that- meeting was around the vision and as far as what. was the charge of ACi for the vision of the District. He stated it also evolved into what was gambling. or addition of poker tables by Penn Gaming, on this site of the Dog Track which is already there. He distributed information that he took to Mr. Larry Adams to show where Mr. Bohl came into the presentation. He said that he went in with the feeling that the original meeting they had with the Historic Code Book was agood thing as it brought together peoples and ideas they may not have thought about. He read the first. three paragraphs ~ of the information and said he had originally requested the meeting for ~ July 27th. He stated on the last. page, it put what he would see as a possibility of an Agenda. He said during-the conversation Mr. Bohl liked CC 07-06-09/384 ~ what he saw and all of a sudden :he saw a large fee for Mr: Bohl to come j and run this meeting. He stated P/Ir. Bohl didn't offer much more than what he had, but did question what the attendance at such a meeting would be. He told him the Commission had not discussed this. He said he then went to our Attorney regarding a: referendum by the County. He stated since this was our responsibility to deal with the mission and vision for the City, he thought it was a responsibility to hear from the citizens. He would request that the gaming issue be turned over properly to the County to put this on a referendum for gaming and let the people decide. He said he did not think it was necessary to have Mr. Bohl and they could do a vision meeting after the referendum issue was solved. Mr. Roper said he put a call into the Seminole County Attorney and was advised by his staff that he was gone on an extended vacation. He stated the next County Commission ME;eting was the middle of this month. He said his call to the County Attorney was to try and. ascertain what the current position of the County was with regards to card.rooms and the possibility of card rooms comin€; to Longwood. He stated the last that Longwood had heard from the County was in January of this year and they were asking what the status of ari Ordinance to that effect was, in Longwood. He said we had resp~~nded at that point saying it was anon- issue. He stated there had been a lot of things stated verbally, but the County's position had not been reduced to writing. He affirmed he had heard a lot of talk about the Cou~lty suing the City if the City were to pass an Ordinance to this affect. FIe s;tid they have received a letter dated December 18, 2008 from an Attorney representing Penn Gaming on the issue in which he stated it was Penn Gaming's position that it was not illegal as of June 1, 1996, to have game rooms in already existing Para mutual facilities. He stated he re~~ently asked this Attorney to provide a more detailed explanation as to liow he comes to that conclusion, given the fact that the Florida Stahrtes 849.086 did not become effective until January 1, 1997. The response h•° received was that House Bi11337 became a law without the Governor's approval on June 1, 1996. He said this was not the way the Department of Business and Professional Regulations views it. The effective date in usual circumstances is of the Statute that passes not the Senatf; or House Bill. He stated this causes him a great deal of concern if the City were to pass an Ordinance without a referendum of the voters county~Nide, that they would invite Seminole County to essentially sue the City. He said in the current scenario there were other suitable alternatives to the City passing some type of Ordinance right off the bat. The other suitable alternative is a countywide voter referendum and that is what the County is asking as of November 2008. He stated under the terms of the Seminole County Charter, if any I municipality in Seminole Cotult;y were to petition. the County to change the Charter on this type of issue; the Charter holds that it is mandatory to do a referendum countywide. HF; affirmed he wanted something in writing from the County whether the County was going to sue over this or not. CC 07-06-09/385 Commissioner Sackett inquired if they could, by petition, ask the County to put this as a referendum. i Mr. Roper responded in the affirmative and said under the County's own Charter, when it is a municipality within Seminole County petitioning, they have to put it on as a referendum as expeditiously as possible. Commissioner Sackett moved to initiate a petition. to the County for a referendum on this topic. Seconded by Deputy Mayor Maingot. Mayor Bundy inquired if he wanted the Commission to petition the County to place on the ballot a referendum asking voters to approve. or disapprove a card room. Deputy Mayor Maingot said the card room is really more gambling per say than specifically a card room. Mayor Bundy said there was already Para mutual gaming thereby State Statute. He stated the voters can't eliminate that. If the voters vote no on a referendum, that is not going. to change. He said if this goes forward, what they need to know or be specific about is what the City is asking the County to do. He stated this would be a petition from the City - Commission to ask the County Commission to put on a referendum to ,~J allow the voters to vote in favor of or against a card room to be located at the Dog Track in Longwood. Commissioner Sackett said they were leaning that way, but he would like . to see the petition written by the City Attorney and brought back. Commissioner Durso agreed with Commissioner Sackett that we do not necessarily need a moderator if the one issue is dealt with and it is only about development in the area. Mayor Bundy said he disagreed because the development was along that whole corridor. Deputy Mayor Maingot said even though that presentation was great, where was the funding at this point in time. He stated we were $-10 years away from anything meaningful in that corridor. Commissioner Durso said there were private companies making investments and projects happening all around us. He stated as a City Commission and City staff, it was their responsibility to tell those ~ companies we were here and wanted those businesses to be opened here. ~I Deputy Mayor Maingot said he agreed with this, but we had to be realistic about it. He stated to identify who these people were developing. CC 07-06-09/386 ~ Commissioner Durso said they were the same people we expected to move into the Historic District or exf~ected to move on to State Road 434. He ' stated as a body, they need to g;o after these people and make ourselves more attractive. Commissioner Holt inquired what the motion was. Mr. Roper said he could have a written petition to the Commission by their Meeting on July 20th.. He suggested they should probably move to table. the Meeting on July 27th for the time being. Mayor Bundy said they had only tentatively set the date. Mr. Roper said Item 9 F does talk about July 27th for the public, forum. Commissioner Sackett said they could do that after the initiative for the petition. Mayor Bundy clarified the motion was for the City Attorney to bring forward a petition requesting the County put on the ballot, as expeditiously as possible, a countywide referendum for allowing a card room in the City of Longwood.. Motion carried by a fow•lone roll call vote with Mayor Bundy voting nay. Commissioner Holt moved to table the public. forum to a time uncertain. Seconded by Commissioner Sackett and carried by a unanimous voice vote. The Commission recessed at 9:~E5 p.m. and reconvened at-9:54 p.m. Commissioner Durso moved to extend the meeting for no longer than one half hour. Seconded by Deputy Mayor Maingot and carried by a unanimous ~~oice vote. G. ~ The Mayor requests the City Commission discuss the Code Enforcement Board versus At~pointment of a Special Magistrate. Mayor Bundy said he requested this to be on the Agenda and stated at two of the intersections in Orange County where there were red light cameras, similar to the, intersections in Longwood, they have had over 1,500 citations written since August that went through the Codes Enforcement process. He stated. he was also very concerned regarding the Runge case that they had a volunteer Board that stood in a position that could have left the City liable because of a potential lawsuit. He said he thought having a Special Magistrate was a much more efficient process and hearings could be held during the day and more often if necessary. He had the City CC 07-06-09/387 Administrator do some research on other surrounding cities and counties using this process. He said Sanford likes this process and said it has ~ streamlined the process with faster compliance. He wanted to bring this before the City Commission for discussion. Deputy Mayor Maingot said he agreed with a lot of what the Mayor stated. He declared having our Codes Enforcement Board adjudicate cases of people within the City by people that live within the City was the best way for us to continue. He stated Mayor Bundy made the point with regards to the enforcement of the red lights and said at the appropriate time we could consider such a position to handle that. In the interim he would support continuing on with the Codes Enforcement Board. Commissioner Durso inquired if this had nothing to do with direct Codes Enforcement, but only with Code cases. Mayor Bundy confirmed it was only with the hearing of Codes cases. Commissioner Durso said his concern revolved around two specific issues. One was the Gamble issue and the other was the Runge issue. He stated the Codes Enforcement Board had a significant amount of control and influence. He said the Commission has very little influence with regards to what they can do. The only thing the Commission has control over was the ~ Code of the City. He affirmed the idea of a Special Magistrate was ~ appealing to him in that it would be a legal person the City would hire. He stated, as he understands, the process would not change with a Magistrate. Mr. Roper said the major change was going from a Board of five or more individuals to a Special Master that would be one individual like a judge in a bench trial scenario. He explained you have to afford due process and the opportunity to be heard and prior notice of the hearing. Commissioner Durso said the first part that was appealing to him was the fact it would be a person with legal training and background. He stated the second was the fact that they could save some money by joining with other cities. Mayor Bundy said he had discussed this with the Attorney and Administrator. They would first have to draft an Ordinance and if they decide to take this route, then the Administrator would have to do an RFP. He stated a significant portion of the cost could be off set by the administrative cost. Mr. Roper said one of the results of the fall out from budget cuts has been the loss of funding for traffic hearing officers countywide. He stated the Red Light Cameras were definitely going to be an issue. He said the City of Apopka was inundated with tickets from the one intersection. CC 07-06-09/388 Commissioner Sackett said this was all new to him and he would need to 1 see numbers for the cost. He stai;ed he would like to talk with the City of Sanford regarding the pluses and minuses. . Mayor Bundy said the City Administrator had a matrix of the cities in the area~using a Special Magistrate. Commissioner Sackett said he ~-ould like to see that information. 10. CITY ADMI1vISTRATOR'S REPOP:T. Ms. Powell said she had received sever~il electronic mails from people who attended the baseball tournament over the last couple of weeks complimenting our Parks and Recreation Department and Property Maintenance with our Park. She recognized the employees by name for their hard work each day throughout the City. Ms. Powell reported she had placed in the Commissioners' mailboxes the resume of John Peters. She said this was the gentleman who was selected by his piers, as well as herself. They interviewed several applicants and Mr. Peters rose to the top. She stated Mr. Peters comes from the Ciay of Altamonte Springs,. the. City of Port Orange, the City of Roanoke, and the County of Roanoke. She said he has an extensive background in Engineering. anal Public Works management. She stated they also received a letter in their packet: from his previous City Manager, :Phil .Penland, giving him much respect and recognizing him for jobs in Altamonte Springs. She said he was appointed on Thursday and she would request the Commission to approve his appointmen~:. Commissioner Sackett moved to approve the appointment of John Peters for the position of Public Works Director/City Engineer. Seconded by Commissioner Holt and carried by a iulanimous roll call vote. Ms. Powell said to provide an update in regards to the T-Mobile issue; they have been trying to contact these people to set up a Citizens Awareness and Participation Plan (CAPP) meeting. She stated as late as 6:47 p.m. today, she received an electronic .mail from Commander Cohen telling, her that as of the end of the business day today, they have not had. the courtesy of a rehun phone call or electronic mail regarding their attempts to enter into a dialogue regarding.the CAPP meeting or an Agenda Item. Mayor Bundy recommended that staff not spend anymore time or effort on this. He said if they want to move forward wiah it, they can contact us. I Ms. Powell reported the new Finance Director has been on the job full time for three days and they are scheduling a Budget Workshop July 22nd. She inquired what time would be good for everyone. CG 07-06-09/389 It was the consensus of the Commission to hold a Budget Work Session 7:00 a.m. , to 10:00 a.m. on Wednesday, July 22nd. ~ i 11. MAYOR AND COMMISSIONERS' REPORT. District #3. No report. District #4. Mayor Bundy reiterated the staff has done an outstanding j ob with the ball fields_ He said parents and coaches were coming up to him commenting on the fields at the Welcome Ceremony last Friday at Cranes Roost Park. Mayor Bundy said the Administrator and Jaime Shearer, Assistant. to the Administrator, have been helping him with this issue today. He stated he started receiving, phone calls over the weekend regarding Progress Energy and the new federal regulation that requires any tree over fifteen feet tall. under a high tension transmission line must be removed. He said that apparently the person that went into this subdivision to remove trees did not use a great deal of tact. He stated Ms. Shearer contacted Trish Johnson with Progress Energy and she made some contacts within the community, and they are now going to schedule a community meeting. Commissioner Sackett moved to extend. the meeting 'fifteen minutes. Seconded by Deputy Mayor Maingot and carried by a four/one voice vote with Commissioner Durso voting nay. ~ I District #5. Commissioner Sackett said he attended Red, White, and Boom and it was nice to see that Altamonte Springs had 1'65,000 people there. He stated the next night he opened his front door and in ran a frightened german shepherd puppy with no collar. He was very impressed with how Animal Control worked with him to locate the owner of this dog. He said he was very proud of the Longwood Babe Ruth boys and this was a wonderful event. Commissioner Sackett reported it has been a year plus in the making, but he finally contacted the right person that could tell him the names of the five people they should engrave on they Hero's Monument. He stated this person said to remember no list is ever complete. He said one was a. Marine, three were Army, one was Navy, and a name that came up prior was Sergeant Stroshal. When he spoke to Congressman Mica's Office he said that September 11, 2011 marked the ten year anniversary of a horrible event and he asked for a flyover. He stated he would like to proceed to get these names onto the service column. Mayor Bundy said they don't have one for the Police and Fire; but they really should have one for them. Commissioner Sackett said he would like to honor those people and have the Administrator find out the cost involved. He stated he would get these names to the Administrator. ~ CC 07-06-09/390 District #1. Deputy Mayor 1Vlaingot said they know they have a problem with the retention pond at Reiter Park. He inquired who the Engineer was that was responsible for overseeing the actual bore regarding how deep to make this. Ms. Powell advised it was the contractor's engineer. She said she has a meeting scheduled on Wednesday at 2:30 p.m. with them. Deputy Mayor Maingot inquired if there was anything in their contract to deal with this as it would be a substantial cost to correct this problem. At the same time, he inquired if there was arun-off'provision for the retention pond. Ms. Powell said not that she has seen. 'ihe stated these were all issues that they had discussed previously and she will bring those up during the meeting. District #2. Commissioner Durso thanked Commissioner Sackett for obtaining these names for the Monument. He reported he had lunch with Mr. Warren Brown today and he was very complimentary. He said Mr. Brown does have some ideas for some changes and issues he would like the City to workout. He stated he would work with the City Administrator regarding these and come back with some ideas. He encouraged the Commissioners to sit with the City Administrator and request information or ask questions as soon as they can when they receive the Agenda. He said they could probably shorten the meetings by doing this because a lot of issues could be worked out prior to the meeting. 12. CITY ATTORNEY'S REPORT. Mr. Roper reported there was a mediation scheduled tomorrow afternoon on Demc;tree and he will report to the Commission . on this matter. He provided a litigation case report to the Commission last Friday and said to contact him with any questions they may have. 13. CITY CLERK'S REPORT. A. Discussion of Hospitality Accommodations for the Florida League of Cities Annual Conference being held at the World Center Marriott in Orlando from August 13 -15, :2009. Ms. Minis said at the last Commission Meeting she put in a request by the Mayor, Deputy Mayor, and Commissioners to attend the Florida League of Cities Conference. She advised this Agenda Item had an estimated cost for the Commission and this cost did not include hotel accommodations. She stated some of the members :have expressed an interest in staying at the hotel. If staying three nights, this would be an additional cost of $450. She said that due to additional expenditures being applied to the Commission development account line, funds would need to be transferred to cover this additional cost. I Mayor Bundy said the seminars start at 8:00 a.m. and there are activities that go on late into the evening. He stated he was in favor of doing a budget transfer. He said it has proven to make them more, effective as City Commissioners. CC 07-Ob-0~l/391 Commissioner Durso inquired if there wasn't money set aside for individual training, He questioned why it couldn't come from there. ~J Ms. Mires said money had been used from this account. Commissioner Sackett said he was in favor of staying at the hotel. He stated the contacts are made in the evenings after the meetings. It was the consensus of the Commission to instruct staff to make the budget transfer to cover the hotel accommodations. 14. ADJOURN. Mayor Bundy adjourned the meeting at 10:43 p.m. J ~ ~ .Y ~~'r I3a od G. Bundy, Jr., Ma r ATTEST• Sarah M. Mires, MM ,MBA City Clerk ~i ~I CC 07-06-09/392