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CCMtg03-06-06Min~ IJONGdVO0I3 CIT"~' COli~IlDZI~~ION - lLongwood City Commission Chamlbers 175 ~?Ves t `7Vairren Avenue Longwood, Florida NIINC~TES Mr~RC~I 6, 2006 '1:001'.M. Present: Mayor H. G. "Butch" ~;undy Deputy Mayor Dan An~deeson Commissioner Mike Holt Commissioner Brian D. Sackett Commissioner John C. Maingot Richard S. Taylor, Jr., City A..ttorney John J. Drago, City Adminisi:rator Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleets Richard Kornbluh, Division IVlanager of Utilities Pat Miller, Director of Community Serviices Tom Jackson, Chief of :Police Carol Rogers, Directoe~ of Financial Services Ryan Spinelli, Executive Assiistant Law•ie Mooney, Interim Fire Chief Paul Sizemore, Community Service Coordinator 1. CALL TO ORDER. Mayor Bundy c;~lled the meeting to order at 7:04 p.m. 2. A moment of SILENT MEDIT'ATIO'N was followed by the PLEDGE OF ALLEGIANCE. 3. COM1VIiINITY ANNOUNCEII~NTS. The following announcements were made: A Senior Matinee will be held on March 15, 2006 from 11:00 a.m. until 1:00 p.rn., Longwood Community Building, 200 West Warren Avenue. This month's feature is Sisterhood of tlze.Trairelirzg Par:ts. B. A Blue Grass Pickirt' willl be held on Marche 18, 2006 from 7:00 p.m. until 10:00 p.rn., Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS. A. Dish•ict #2 Presentation. of the. Business Person of the Month Award foi• Maa•ch 2006 to Joff Sh•ide of Southland Suites Assisted Living of Longwood, located at 3412 South. Wayman Street. - CC 03-06••06/51 Deputy Mayor Anderson read ~a brief'biography on JoH Stride, Executive ,,J Director, Southland Suites Assisted Living of Longwood. He presented Mr. Stride with the Business Person of the Month Award for March 2006. Photographs were then taken. 5. BOARD APPOINTMENTS. A. District #2 Nomination to the Historic Piesei-vation Board. Deputy Mayor Anderson said the Commission had previously discussed whether to continue the Historic Preservation Board. He inquired as to when this was going to be on the agenda. I-Ie said it was not fair to appoint someone to the board for a short period of time. Mr. Miller stated it would take approximately two (2) months to go through the entire process. He advised it would be before the Land Planning Agency on March 16, 2006. Deputy Mayor Anderson~deferred the nomination. B. .District #4 Nomination to the Parks and Recreation Advisory Board. Mayor Bundy deferred the nomination 6. PUBLIC INPUT. A. Public Participation. Mayor Bundy read the guidelines for Public Participation and Public Hearings. Michael Towers, 754 Financial Court, said he was here regarding a site plan. previously approved in 1999 and to request the Comrrussion's support to go forward with the site plan. He stated a letter from Mr. Taylor addressed certain issues. He referred to the March 15, 2004 City Commission meeting where the Commission addressed the adoption of the Historic Code Book. He read from the minutes the following: "Itwas the consensus of the City Commission to send a memorandum on the following items; Adding `repair shop' to the Permitted Downtown Historic .Land Uses as referenced on page 3; Amend supplemental requirements on page 3 to permit outdoor storage, provided it is enclosed and shielded from view;. Amend the supplemental requirements to prohibit tractor trailers; request that staff recommend a weight limit and post better signage; ... " He said the more important part was; '"Pefmit duplex/townhouses in the Downtown Historic District; ... " He stated taking. into account the Historic District Code Book was adopted on April 5, 2004 and there were other public meetings, he tooknotice that most everything in this section made it into the Code Book except for that part. Mayor Bundy recommended these items be placed on an agenda so they can hold further discussion. CC 03-06-06/52 Royer Popp, 1800 Admiral Court, Kissimmee, said he understood this would be addressed undler the Mayor's report. Mayor Bundy responded in the affirmative. 7. CITY ADIVIIN.I5TRATOR'S RI;POR'>('. No report. 8. IYIAYOR AND COMIVIISSIONER~~' REPORT. District #2. Deputy Mayor Anderson reported an issue came up at the Metroplan Municipal Advisory Committee regarding red light camera enforcement vi the State of Florida. He said there has been a call for the Legislature to authorize this. He said the Municipal Advisory Committee passed a Resolution stating it was in the interest to investigate how this could be used as an effective tool. He reported CALNO endorsed a Resolution supporting Oviedo's pursuit of a hospital. He said they also discussed a proposed :Eesolution lead by Winter Springs that was originally to be in support of the Legislature supporting and upholding Municipal Home Rule. He said the Resolution presented had other items that the County took offense to. He stated the desire v-~as to just state "Home Rule" so to apply to everyone. He said a County Commissioner stated, on behalf of the County Commission, that the County would not oppose voluntary annexations. District #3. Commissioner Holt requested an update on the Markham Hills subdivision fence project. `~ Mr. Drago advised they were waiting for a price on the signage. Mr. Miller advised the construction on the iron part of the fence was to begin on Wednesday. Commissioner Holt said he wot-ld like; to see the construction sites cleaned on a daily basis by the contractors.l-1[e ingLUred if a sidewalk was going to be placed at the north side of Longwood Elementa~.y School connecting Lakeview and Hamilton. He said parents drop off on that side of the street to avoid going through the car pool lanes anal the children have.to cross the street. Mr. Drago advised they could look into this when retrofitting the roads and whether the drainage can handtE: the two (2j sidewalks. Commissioner Sackett stated this would encourage parents dropping off in. an unsafe situation.. He agreed there should be a sidewalk, but not for the purpose of assisting school. drop off. Commissioner Holt said the curlbing a,.id sidewalk would prevent parents from pulling off the road to drop off the children. Mr. Drago said he would have the Police Chief observe this area over the next week. CC: 03-06-06/53 District #4. Mayor Bundy thanked Deputy Mayor Anderson for the update on CALNO. He reported most of the Commissioners attended Babe Ruth opening day on Saturday. He said they had over 600 players this year, 38 baseball teams; and 10 girl softball teams. He stated the fields were in excellent condition. He reported the City was allowing Head Start to place four (4) trailers behind the Church. He said they had been told if the Health Deparirnent permitted them to hook into the septic system, the City would not oppose this. He said the Health Department agreed to allow the connection with repairs to the septic system. He _ said there was a sewer drop off at the southeast comer of the property and he had received a call front Mr. Reynolds stating the City was going to require them to hook up to the sewer system. He said they had already spent $1,200 on the septic improvements. . Mr. Drago said the miscommtanicatign was between some authority and the. Charter .School. He said the Church was responsible for laying the line, not the school. He stated the City had agreed, in previous conversations, if the Church upgraded the septic tank and drain field they would honor this use if the Health Department approved it. District #5. Commissioner Sackett said he appreciated seeing the Illuminations recently in the water bill. He stated the ball fields were in perfect condition. He inquired how many ball fields did the City have in 2002, including Reiter Park and how many ball fields were there in 2006. Mr. Drago .advised. two (2) fields were added to Candyland Park and there were ~ two (2) fields at Reiter Park. He said it was known all along with the Master Plan for Reiter Park that these fields would go away. He stated there were now five (5) fields at Candyland Park and there use to be only three (3). Commissioner Sackett inquired if there could be additional fields added to Candyland Park. Mr. Drago said the fields were predicated on the Master Plan and perhaps there could be one additional field added. Mayor Bundy said that parents were happy to have the fields added to Candyland Park so to avoid having one child playing at Candyland Park and another at Reiter Park. Mr. Drago said the Commission established a policy for open play when. the fields were not being used on the weekends. Commissioner Sackett said he had forwarded information from the County on Mosquito Control to Mr. Drago. •~ Mr. Drago said this was scheduled to be on the March:20`~' agenda. CC 03-06-06/54 '~ Commissioner Sackett thanked the Police Chief for confiscation funds to the fifth graders at Woodland's Elementary fo:r Project Graduation. He said he had requested information previously on the Pic'n Save and asked for a Code update on this property. Mr. Drago advised he would obtain documentation from the Police Chief on this property and place it in each Commissioner's mailbox. Commissioner Sackett thanked Deputy Mayor Anderson :for the CALNO report. He inquired as to the presentation on i:he Woodland's annexation. Mr. Drago suggested the Comrrussion set ttwo (2) dates to invite the residents to a fact finding discussion at the Commwuty Building. He said if there was a positive interest, then they should create their ovvn committee to pursue the process. He dial not recommend this be placed on 1:he ballot for this year. He suggested making a presentation on the benefis of coming into the-City and. let them be the driving force. Commissioner Sackett said he would 1'~e out of town.. starting Friday through the 20th. He stated he had a new phone number and would report this to the City Clerk for posting. Dist1-ict #1. Commissioner Maiingot reported he participated at the Babe Ruth opening day. He said this was a wonderful experience and there was a tremendous amount of parents supporting their children. He said,he attended a ground breaking ceremony on Wednesdlay, March 4, 2006 for the Altamonte Springs Seminole Community College facility. He stated this facility would be focused on training nurses and. the arts. Deputy Mayor Anderson said he would like to have th.e PA system looked into at Candyland Park. He; stated more: fields were needed and he hoped the City would continue to look at creative ways to use property for additional fields. Commissioner Maingot said the Ciiy was looking forward to participate with Winter Springs on Soldier's Park and i;he County decided to pull the rug from under their feet. Mayor Bundy said he received a~ telephone call from Chairman Henley following the last meeting to apologize for the oversight in not informing the City concerning Soldier's Park. ' 9. CONSENT AGENDA. A. " Approve Minutes of the February 20, 2006_ Regular 1VIeeting. D. ICinance Division of the Financial Services Department. recommends payment of approved and estimated bills for March 2006. -~ .~, CC 03-OE.-06/55 C. The Police Department recommends the City Commission approve a ~ Change Order to increase Purchase Oidei• #011408 to Galls Incorporated by the amount of $10,000.00 and authorize the City Administrator to sign the purchase m•der. D. The City Administrator recommends the City Commission approve a continuing services agreement between Associated Consulting International and the City for the community redevelopment ,_ guidelines and standards services and authorize the Mayor to sign the contact. Deputy Mayor Anderson moved to approve the Consent Agenda as submitted. Seconded. by Commissioner Sackett and carried by a unanimous roll call. vote: 10. PUBLIC HEARINGS. A. City Administator recommends the City Commission read by title only and adopt Ordinance OG-1789 which updates, clarifies and amends the plan and h•ust and agreement for the City of Longwood Firefighters and Police OfTiceis defined benefit pension plan and authorize the Mayor to sign the Revised Defined Benefit Plan Document. Mr. Taylor announced having proof of publication for this and all public hearings: listed on the agenda. He then read Ordinance IVo. 06-1789 by title ~ only. Mayor Bundy opened the public hearing. No one spoke in favor or in opposition to the ordinance. Commissioner Holt moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 06-1789, as presented, Item 10 A. Seconded by Commissioner Sackett. Deputy Mayor Anderson clarified this was due to requirements by the IRS. . Motion carried by a unanimous roll call vote. B. The Police Department. recommends the City Commission read by title only and adopt Ordinance No. OS-1782 amending Chapter 22, Traffic and Motor Vehicles; to establish rules and regulations concerning the towing of motor vehicles by towing companies. Mr: Taylor read Ordinance No. OS-1782 by title only. CC 03-06-06/56 ,a ,.~ Mayor Bundy opened tt[e public hearing. Nb one spoke in favor or in opposition to the ordinance. Commissioner F[olt moved to close the public hearing. Seconded by Co.mmissione;r Sack:ett and carried by a unanimous voice vote. Commissioner I7[olt moved to adopt Ordinance No. OS-1782, as presented. Seconded by Deputy Mayor Anderson. Mr. Taylor reviewed the changes to the Ordinance. Discussion was held regarding; the exemption of a parked government vehicle. Deputy Mayor Anderson suggested adding the language "on official business." Commissioner Sackett pov~ted. out Visa and Mastercard should be deleted fiom Page 1-2, Item 17. Deputy Mayor Anderson moved to amend Page 14 of the Ordinance, .Section 22-38 Exemptions, Item 3, to insert the words and on official b~~.esiness after which is marked as such. Seconded by Commissioner Holt and carried by a unanimous roll call. vote. Deputy Mayor Anderson moved to .amend Page ].2 of the Ordinance, Section 22-37, Item 17, to strike visa or Mastercard. Seconded by Comrniss:ioner Maingot and carried by a unanimous roll call vote: Commissioner Maingot inauir~~d about pages 15. and 1.6, Section 22-40, Establishment of Rates, .and how they arrived at these rates. Mr. Drago said the Police ChiF;f had surveyed other cities. He reviewed the average rnunicipalrates in comparison to our rates. The main motion. cvrie~d by a unanimous roll call vote. C. The City Clerk recommends the City Commission read by title only and adopt Ordinance 1`io. 06-1792 adopting and enacting a new Code of Ordinances for the City of Longwood. Mr. Taylor read Ordinance No. 06-1792. by title only. Mayor Bundy opened the public hearing. No one spoke in favor or in opposition to the ordinance. CC' 03-OE.-06/57 ,, Cornrnissoner Holt moved to close the public hearing.. Seconded by Commissioner Sackett and carried by a unanimous voice vote. Deputy .Mayor Anderson moved to adopt Ordinance 06-1792. Seconded by Commissioner Sackett.. Commissioner 1Vlaingot referred to the notation in brackets on page 11 of the Editorial Memorandum that states do not delete tliis section as per Charlie 09-21-04 and the notation just below tlus that states do not delete as per Charlie 09-21-04. Ms. Mirus said the Fire Chief had reviewed this document at that time and he had requested. those sentences not be deleted in the new codification of the Code. Motion carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. City Administrator recommends the City Commission read by title only and adopt. Resolution No. 06-1138, which supports the City of Winter Springs, Florida's proposed amendments to the Seminole County Charter Review Commission preserving municipal and county home rule powers in Seminole County, Florida. . Mr. Taylor read.Resolution 1Vo. 06-1138 by title only. Commissioner Holt moved to'adopt Resolution No. 06-1138 as presented. Seconded by Commissioner Maingot. Deputy Mayor Anderson said the language in this Resolution as well as Winter Springs' and Lake Mary's Resolutions state that laws and policies that may have a countywide effect should not be unilaterally imposed on. municipalities. without the consent of the governing board of the municipality or a separate vote of the voters of the municipality. He said this language leaves it open that nothing the County Commission adopts applies to the municipality, unless there is a separate vote in the city as well. He said there were some issues where the county would be the one with the jurisdiction. Discussion was held regarding future Seminole County Charter amendments. Deputy Mayor Anderson referred to the Winter Springs Resolution, Section 1.4 (C) that states; "1Vo existing or future county ordinance or land development regulation shall be effective within or applicable to any municipality of the county, unless the ordinance or land development regulation is approved by a majority vote of the Board of Coutzty Commissioners or citizen initiative... "and it must be approved by the municipality or a majority of the voters within the municipality_ He said J CC 03-06-06/58 ~~~ he agreed with the concept, birt wondered if there would be unintended consequences of slowing govE;mment down- Mr. Drago said this was tellin;; the county, if they want to mandate something countywide, it is their prerogative. But, it Should not be forced upon the mun.ici~ality unless they agree to it. . Mayor Bundy stated there were some items they were statutorily mandated to have jurisdiction. He said, the towing ordinance has a clause which allows the municipalities to adopt their own ordinance. Motion carried by a unanimous roll. call vote. )B. City Administrator recommends the City Commission adopt Resolution No. 06-1139 authorizing the 1Vlayor and City Administrator to execute a 11~demorandum of Agreement between the City of Longwood and the Fllorida Department of Transportation for the maintenance. of State Road rights-of--way. Mr. Taylor read Resolution No. 06-1139 by title only. Deputy Mayor Anderson moved to adopt Resolution 06-1139. Seconded by Commissioner Maingot and carried by a unanimous roll call vote: C. City Administrator re~comrr.~iends the City Commission. read by title only and adopt Resolution >`~o. 06-].140, which. adopts a Single Family ~r-d Duplex Driveway Acces<., policy. Mr. Taylor read Resolution No. 06-1140 by title only. Commissioner Holt moved to adopt Resolution No. 06-1140, as presented. Seconded by Commissioner Nlaingot. Mayor Bundy said Item 5 stai:ed either a boat or an RV type vehicle. He stated some people have utility trailers and perhaps it should state an RV or traiaer. He said the purpose was to allow use of the prbperry. Deputy Mayor Anderson said this establishes they were here to help, but it was not to be abused. Mayor Bundy moved to amend Item 5 by stating "... to park vehicles in the rear yard... " in the first sentence and the second sentence changed to state "... parking vehicles and will forfeit the driveway access for violating the agreement. " and in the agreement state they must be in compliance with all City Codes. CC 03-06-06/59 Discussion was held regarding the number. of vehicles permitted by the Code to be parked behind the screened area. Mi-. Taylor advised the Code allowed for a trailer v~rith a boat or a utility trailer, or one trailer with two (2) jet skis would count as one. He said he would research and bring forward an amendment. Chief Jackson said if opening this to trailers, there may be people who transport cars and this would disrupt the harmony of the neighborhood. Mayor Bundy said the current Code allows these vehicles to be parked as long as they are screened. Discussion was held regarding amending the Code for non-conunercial vehicles. Amendment seconded by Commissioner Maingot. Mayor Bundy stated Item 5, as amended would read: "If a property owner desires to park vehicles in the rear yard and cannot access the rear yard from the property's designated driveway right-of-way; then a driveway access can be granted on an adjacent right-of-way as Zong as it does not create a safety hazard as determined by the Police Chief The property owner will be required to sign a driveway access agreement stating that the J intended use will be for parking vehicles and will forfeit the driveway access for violating the agreement. The property owner shall be responsible for the full .cost of the adjacent driveway access cotzstructed to city stafulards. The property owner shall also be responsible for the full cost for closing the driveway access, if found in violation of the agreement. " He said the agreement. would include that it must comply with all City Ordinances. The amended motion carried by a four/one roll call vote with Commissioner Sackett voting nay. The main motion carried by a four/one roll call vote- with Commissioner Sackett voting nay. D. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set March 20, 2006 as the Public Hearing date, and approve the first reading of Ordinance No. 06-1794 to annex (ANX. 02-06) the property located at 1711 North County Road 427. Mr. Taylor read Ordinance No. 06-1794 by title only. CC 03-06-06/60 ~ Commissioner Maingat moved to approve the first reading of Ordinance No. 0~6-179~~ and set March 2q, 2006 as a public hearing date. Seconded by Commissioner Sackett. Mr. Drago advised the applicant requested city services and was told he would be required to annex in the city limits. He said Mr. Sizemore streamlined the process under the new procedures. He stated the applicant did comply with city standards, even though it will be inspected and the Certificate of Occupancy provided by the County. Deputy Mayor Anderson said County Commissioner Carey brought this up at the CALNO meeting. Sh.e stated the process where property owners go through the County for development, but'lcnowing it will be annexed into the City, could be improved upon to eliminate these issues. Mayor Bwidy said this applicant had been through the process before. He stated this would'be a good 1n-terlocal Agreement for the County to advise applicants to apply for annexation and encourage them to meet the municipalities' standards. Mr. Miller said, whether it was annexation or not, it would be good for the County to notify the City of what was going on with properly within a certain boundary. ~-' Mr. Drago said the Cowaty ha~i presented an Interlocal Agreement on this cooperation issue and the City of Longwood did not ent%r into the agreement at the time. Discussion ensued. Motion carried by a unanimous roll. call vote. 12. CITY ATTORNEY'S REPORT. I~[r. Taylor reported his paralegal was informed by the Seminole County Deputy Clerk that Oakwood, Inc. had filed suit. against the City of Longwood today. lie advised this was the company with which Mr. Towers was affiliated. He said the research was to check on what had happened in the 1998 suit with Oakwood, Inc. He stated everything he has seen recently was under the name of Towers or Fleet Financial. He requested permission to bring Donovan and Roper on as co-counsel on this case, as they did in 1998. He also advised, because of the litigation, any communications be in closed session and no one comrnunieate vvith Mr. Towers or his counsel or investigators. Commissioner Holt said they should withdraw ha~ring the discussion placed on the agenda due to the litigation. ~ Mr. Drago recommended the City Attorney send a letter to ~Mr. Towers informing him ofihe decision not to havethe item. addressed. at the March 20"' meeting. CC 03-06-06/61 It was the consensuses of the City Commission to have the City Attorney ~i defend the Oakland, Inc. and Michael Towers lawsuit and to retain Donovan and Roper as co-counsel. Mr. Taylor said he would contact the members of the I3istoric Preservation Board to advise Them not to have any communications with. Mr. Towers, his counsel or investigators due to the lawsuit. Discussion was held concenvng Mr. Tower's upcoming annexation that will be presented to the City Commission at a future meeting. Mr. Taylorsaid the City Clerk advised lum that she was served with the lawsuit during the meeting and he stated that she was improperly served. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Bundy adjourned the meeting at 9:12 p.m. ~ - _~ Ha d G. Bundy, Jr., ~ yor ATTEST Sarah M. Mii•u3, City Clerk CC 03-06-06/62