Loading...
CCMtg03-20-06Min~ L~NGWO®D CIT~~' C®1VIl@!IISSION ' Longwood City Commission Chambers 175 West Warren Avenue Long~woodl, Florida 1VIINti~TES MAF:CH 20, 2006 7:00 Y.M. Present: Mayor H. G. "Butch" B'~undy Deputy Mayor Dan Anderson Commissioner Mike Holt Commissioner Brian D. Sackett. Commissioner John C.:Main~;ot . Richard S. Taylor, Jr., City Attorney Jo}nn J. Drago, City Ad~ninist:rator ~ ' Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleets Richard Kornbluh, Division lVianager of Utilities Pat Miller, Director of Com~~unty Services - Tom Jackson, Chief of Police Carol Rogers, Director of Financial Services Ryan Spinella, Executive Assiistant Amy Stevenson, Community Service Coordinator .Paul Sizemore, Commwnity Service Coordinator 1. CALL TO ORDER. Mayor Bundy called the meeting to order at 7:05 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOiJNCE1VLENTS. None. 4. RECOGNITIONS. A. District #3 Nomination of the Business Person of the Month Award for Apri12006. Conunssioner Holt nomiliated I)on Cook, President of Florida Industrial Scale Company located at. 728 Industry Road, as Business Person of the Month for Apri12006. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. District. #4 Nomination to the :Parks and Recreation Advisory Board. Mayor Bundy deferred the; nomination. CC 1)3-20-06/63 6. PUBLIC INPUT. A. Presentation. Final Mosquito Control Recommendation Report and Cost Analysis presented by Kim Ornberg, P,E. of Seminole County Roads and Stormwater. Kinl Oniberg, P.E. of Seminole County Roads and Stormwater reviewed a presentation on the recommendations and the rationale behind their recommendation made to the Joint City/County Advisory Conunittee. They have recommended a Countywide Mosquito Control program that would be based on the Orange County model with a three (3) year implementation plan. She said the rationale was the significant benefits of a comprehensive and .integrated program that would be a much more effective science-based program focusing on source reduction. She said there would be less impact to the enviromnent and minimization of pesticides used. She said they reviewed the current levels of service that each of the municipalities and the county has and they were all complaint driven and not science-based. Slie explained that science-based focused on larvae rather than spraying for adults and looking at the County as a whole. She said this would also include private retention ponds in private gated subdivisions as long as they were willing. The program would also include public education on all the components of the program. She reviewed the proposed program elements. She reviewed the cost estimate for countywide mosquito control of a net annual cost of approximately $965,000 after an annual State reimbursement of $37,000. She said the ~-°~ current County program cost was $570,000 with an aggregated cost of $750,000 when adding in the city programs. She will be making individual presentations to Commissions hoping for their endorsement. Deputy Mayor Anderson inquired whether it was known if the larvicide used affects anything else. He also inquired about the .fish used for mosquito control. Ms. Ornber~ said that it was her understanding from meeting with the Department of Agriculture and in talking with. various chemical companies, as well as the Florida Mosquito Control Association, that the Enviromnental Protection_Agency approved larvicides`are much targeted and do not have a large scale effect on the ecological system. She explained Gambusa occur in our waters and were not a foreign or exotic fish. She said they have been used for mosquito control for many years. Deputy Mayor Anderson inquired how this would be funded. Ms. Ornber~ stated when making the presentation to the Board of County Commissioners and as part of the presentation to the Joint City/County Advisory Committee, it was stated the County would fund the program and there would be a cost savings to the cities. ~~ CC 03-20-06/64 ~, Mayor Bundy said, even if the cities were paying for it, Longwood would be paying less. Commissioner Maingot said tl;~e key was larvae control which Ms. Ornberg spoke about. He decl~~red it was a good idea. Discussion ensued. Commissioner Sackett a:~ked vlhat would happen. if the City was not happy with the program and how would. they opt out. Ms. Ornber~ said there v~ould be an Advisory Committee made up of representatives from each municipality to address issues. Comnssioner Maingot asked if this program would be on a contract basis or manned by County pecsonnvl. Ms. Ornber~ stated during the first year ofimplementation there would be a manager and one admi~ustrative staff and the current. mosquito control contract would continue. She said following that they were proposing in- house staff. Mayor Bundy entertained a motion to endorse the program so it can formally be sent to the County Conuriission: He said Sanford has endorsed the program. Commissioner Holt moved to become a member with the Joint City/County Advisory Stormwater Technical SubcoiTUnittee for the final mosquito control recommendation report anal cost analysis. per the Seminole County memorandum. Seconded by Commissioner Maingot. Commissioner Sackett said he would like something added to the motion to make sure the Advisory Committee would definitely be a part of this. Mr. Drago said he asswned the: County would want an interlocal agreement. Mayor Bundy said he believed the Joint Advisory Cormmittee was included in the proposal _passecl by the County. Ms. Ornber~ confirmed part of the motion made by the County Commission was that there would be an Advisory Commmittee created for the purpose of the mosquito control program. ~°'~ Mayor Bundy said the Cou~ity was asking for an endorsement of the program from the municipalities. He suggested the motion include "per the Seminole County Government memorandum "since it includes the CC 03-20-06/65 integrated program, the Joint Advisory Committee, and they are obligating ' the millage. Motion. carried by a unanimous voice vote. B. Public Participation. None. 7. CITY ADMINISTRATOR'SREPORT. Mr. Drago reported he received an email from the president of the Columbus Harbor Homeowners Association and the Board has agreed to enter into conversations with the City relative to leasing the vacant property off of Bartholomew: He spoke to the president today and they will be meeting next week to work on the lease agreement. 8. 1VIAYOR AND CO1VIlVTISSIONERS' REPORT. District #3. Commissioner Holt reported Seminole County Alliance met March 15~ and he requested a Child Abuse Month Proclamation. He also requested the City Clerk to send copies of the CAPP program to the other cities. 1VIr. Drago advised Winter Springs would not need a copy. Commissioner Holt said he discussed with the City Administrator utilizing surplus materials for a new program in the County regarding grown children that have not been adopted. He reported signs regarding the Sexual Predator Ordinance were being placed Where requested. District #4. Mayor Bundy said the Commission had received a copy of the emails from the woman that was here on vacation and had a problem with the travel agency. He said-the company had a Longwood address, but not within city limits and the Chief of Police had helped in the situation. He said he was approached by Jim Lorrnann and Frank Ramsur with Quadrant Realty stating they had become aware the Longwood Village Inn was corning on the market. He said at various times there had been discussion that it would make a .great City Hall. He told them he would have the City Administrator look into what the potential costs would be and whether the City might possibly be interested. Commissioner Maingot said Longwood was a small City with limited resources and other than for historical purposes he did .not see why the City would want to become involved in purchasing this property. He stated he did not see a need for additional space for staff. Convnissioner Holt said he previously talked about the City purchasing this property. He said he became a member of the Historical Society that works to preserve the older buildings. He stated, even though the City is small, it was growing. He said, in looking at the floor plans of the building, there seemed to be a lot of office space. He stated City Hall needs to be renovated as well as other buildings in the City and staff would need to be relocated during renovations. He suggested it would be a good move to look into and would be a positive step .for the City. CC 03-20-06/6.6 ~,.~- Deputy Mayor Anderson stated, while this was a good office building, he did not feel it was suited for the City. He said it would be better to build rather than invest in renovations to make the building functional for our use. Mayor Bundy said he wanted to bring this before the Conunission. He stated the amount ~of space could not be built for what they were asking. Commissioner Sackett said he did not see the need. District #5. No report. District #1. Commissioner Mai:ngot reported he attended the 75~' Aruniversary of the Longwood Tourist Club and he took. the opportunity to congratulate them on behalf of the Commission. He said Lei. Constantine was the Senator responsible for this area and he suggested he, be copied on the letter to John Mica from the Community Services Director. District #2. Deputy Mayor Anderson said they had probably received a copy of the letter from Dan McCoy regarding the 911 Memorial.. He stated there was a complete site plan on the project: and they stopped due to funding and not feeling it was appropriate to spend the founds on the fountain at that. tine. He suggested _- finding a Comrriunity Leader wi ling to head a fundraising drive for the completion of the Memorial. Deputy Mayor Anderson requested more information regarding the timeline for Reiter Park. Mr. Miller reported they are finalizing the restroom structures and this will complete the plans. He said he v~~ould :put together this information for the Commission. He explained part of the delay was the real estate issues adjacent to the park. to help with the water retention. Deputy Mayor Anderson reportE:d the hydrilla i7 Fairy Lake was almost gone. He referred to a letter from Seminole County Commission regarding the bird flu and inquired if the Mayor would be attending this meeting:. Mayor Bundy responded in the affirnlative. 9. CONSENT AGENDA. A. Approve .Minutes of the March 6, 2006 Regular Meeting. B. .Finance Division of the Financial Services Department recommends payment of approved and estimated bills for Apri12006. C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for February 2006. D. The Community Development Division of the Community Services Department recommends th~it the City Commission consider a CC: 03=20-06/67 request from Michael Hattaway to waive fees associated with the annexation and assignment of a Land Ilse Designation to the property at 1705 N CR 427. E. Finance Division of the Financial Services Department. recommends the City Commission approve the designation of the Auditor Selection Committee for the purpose of reviewing Responses to the Request for Proposals for Auditing. Services. Commissioner Holt moved to approve the. Consent Agenda, Items 9 A-E as presented. Seconded by Commissioner Sackett and carried. by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. The Community-Development Division of the Community Services Department recommends the City Commission read by title only and adopt Ordinance No. 06-1794 to annex (ANX 02-06) the property located at 1705 North. County Road 427. Mayor Bundy reviewed the procedure for Public Hearings. Mr. Taylor announced having~proof of publication for this and all public hearings listed on the agenda. He then read Ordinance No. 06-1'794 by title only. Mayor Bundy opened the public hearing. No one spoke in favor or in opposition to the ordinance. Commissioner Sackett moved to close the public :hearing. Seconded by Commissioner Holt and-carried by a unanimous voice vote: Commissioner Sackett moved to adopt Ordinance 06-1794 which annexes the property located at 1705 North County Road 427.. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department requests the City Commission review a Site Plan (SP 03- 06) for Longwood Preventative Medicine, located at 212 West Bay Avenue, and take action the City Commission deems appropriate. Mr. Sizemore said this was a site plan review for the proposed expansion at 212 West Bay Avenue in the Historic District. He stated they received a letter on February 17,, 2006 from Bruce and Julie Kersluler requesting a formal site plan review by the City Commission. He stated they would not ~ be able to attend this meeting. He reviewed the three major concerns expressed which are adequacy of the parking requirements, the calculation CC 03-20-06/68 ~„~ of parking spaces, and th_e stormwater management system. City staff reviewed the site plan anal found the plan to be in compliance with applicable codes. Mayor Bundy announced this was a quasi judicial hearing. Mr. Sizemore advised a representative .for the applicant was present to answer any questions. Mr. Drago announced the people requesting the site plan review were aware of the meeting and. did not object to moving forward as long as their letter was presented to t1~.e Connnission. Commissioner Maingot pointed out the applicant, meets the code with regards to parking. He inqu.ireci if the stormwater .issue had been dealt with satisfactorily. Mr. Miller said the City ]Engineer has reviewed the stonnwater plan and St. John's River Water Manag~,ment District leas approved the plan. Deputy Mayor Anderson. said he was familiar with the exfiltration system and it worked well as long as i:w was maintained. Deputy Mayor Anderson moved to approve Site Plan {SP 03-06). Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 11. REGULAR B><TSINESS. A. The Community Deve](opmf:nt Division of the Community Services Department recommends the City Commission discuss performing various cleaning activities for Mud Lake/North Island Lake and give .staff the direction deemed appropriate. Mr. Drago said this item was before the Commission on February 6, 2006 and the Commission requested additional .information. He said Ms. Stevenson obtained more detailed figures and broke them down into three areas. Commissioner Maingot inquired if paragraph two (2) was speaking of 200 linear feet. Mr. Miller responded ui 1;he affirmative. • Commissioner Maingot referred to the variance in paragraph three of 50 ~ feet to 125 feet .and said there was a big difference there, especially in terms of approximately 30 dLUnp truck hours. He pointed out that they were able to calculate the: cubic; yards in paragraph four. CC 03-2~0-06/69 Mr. Miller .advised he had experience in that particular section from when ~ it was dredged before. He explained the bank varies iii the area referenced iil paragraph three so that in some places he can only go out 50 feet and other places it is 125 feet. Commissioner Maingot said this was an improvement over what was first presented, but he did not want to have any surprises. Mayor Bundy inquired what it was going to look like upon completion. He asked if the average person driving by oii Rangeline Road would be able to see any difference. Mr. Miller said from the point of view when driving by would not see a lot of .difference because of the other vegetation in the area. Mr. Drago said from Rangeline Road you would only see the work done on Rangeline and not the other areas. Mayor Bundy stated there was a lot of vegetation in the lake that would not be touched. Commissioner Sackett said the gate. was open and needed to be closed to allow the water back in the area. Mr. Miller advised the gate was maintained at a level determined by St. Johns Water Management District. He said they would check the levels. Commissioner Maingot said this was a partial cleanup and the aquatic herbicides as follow-up would be far more .effective in terms of controlling the- weeds in the area. Mr. Miller said Mr. Barber had stated the herbicide program was needed and would be effective over time. He reported the areas they have treated seem to be working. Deputy Mayor Anderson suggested it would be more beneficial in this area to treat in a step p"rogram by doing area one first and follow-up with proper herbicide treatment over time. He said if it is proved that effect can take place in the lake, and then expands to another area in the lake.. He said, without demonstrated success, there would be criticism. Corrunissioner Holt said he had no problem with cleaning the area by first spraying. the weeds, then knocking them down,. then continue with regular maintenance. He said he was not in favor of spending funds other than this type of maintenance.. • Mr. Drago said the Menzi has a special arm on it that allows it to reach out and it could be mowed down and sprayed thereafter. CC 03-20-06/70 ~ Discussion ensued. Commissioner Maingot declared backing away from the problem and doing nothing would on15= aggravate the situation. Deputy Mayor Anderson ingtcired if we could obtain all estimate of a schedule to treat this lake with herbicides like they do the other lakes. He said over five years this would have an impact. on the lake and look at adding this to the~maintenance program. Commissioner Sackett said that area one was owned by the five homes that go out to Rangeline Road. He said he would. not be voting because his property was in area two. Commissioner Maingot moved to approve Area One along Rangeline Road and proceed with that as a test of accomplishment with afollow-up spray, .Seconded by Deputy Mayor Anderson. Commissioner Holt said he would like to see the City be more aggressive in their lawn mowing efforts ~.Nith a weed eater as opposed to hiring this out. Motion failed by a two/two roll call vote with Mayor Bundy and Commissioner Holt voting nay and with Commissioner Sackett abstaining. B. City Administrator re~quest~~ the City Commission review the City Administrator's accom.plish~ments as it relates to his goal-oriented appraisal. Mr. Drago .said the Charter calls for an annual appraisal and as done in the past, he attempted to enumerate the major highlights for 2005. Commissioner Maingot stated -the City needed to proceed with getting the monument completed. Mr. Drago said after talking to Deputy Mayor Anderson, he discussed " with Ms. Meli the possibility of the Parks and Recreation Board holding a fundraiser relative to the fount~~n. He said the pentagon fountain. was a key focal point to the monument and would cost approximately $70,000. He suggested if half of the :funds could be raised in this manner, and the Commission would approve the other half of the funds, the project could move along quickly. If not, he said he would be inclined to pour the concrete,, the brick paths=ays a~.id plant the trees leaving a pentagon ~~ planting bed in front of the monument until the fountain could be done. Commissioner Sackett stated h.e thought the Commission voted no to the fountain when they originally did the design. CC' 03-20-0"6/71 Mr. Drago responded in the affirmative. ~J Mayor Bundy said the way it was presented was it would be a shallow water pool with enough water projecting to aerate.. Mr. Drago said the funds were in the budget, but the Commission said no: He said. it was presented to the Commission on several occasions as the central focal point. He said when revisiting this with Deputy Mayor Anderson this morning he suggested the fundraiser. Deputy Mayor Anderson said his recollection was they did not say no to the fountain, but no to budget the money for the fountain due to other priorities that first needed to be met in the budget. He said his concept was to proceed with the project and push it along. with community involvement. He said the residents call take ownership and help direct the completion of the monument. He stated there were community groups that have been supportive of the idea being expressed through the memorial and these groups and businesses can be encouraged to come together to help in the completion. Commissioner 1Vlaingot said, in the spirit of moving forward, some of the plantings should go in before the heat of the summer. Deputy Mayor Anderson :said there were elements of the site plan they can proceed with that would not interfere with later construction and this would keep it progressing. Commissioner .Holt suggested the 911 Memorial be discussed at a future meeting. Commissioner Maingot said he~ had no problem with the requested increase to the automobile allowance. He stated, with regards to the requested annual salary and in looking at other cities, he suggested an adjustment of $123,0.00.. Commissioner Sackett suggested an annual salary of $130,000 and not include a monthly automobile allowance. He inquired if the other cities had monthly automobile allowances. Mr.. Drago responded in the affirmative. Commissioner Sackett said he liked the itinerary and things were moving forward. He said there were items that needed to be done and Mr. Drago was leading the City in the right. direction. Commissioner Sackett moved fora $130,000 annual salary plus the automobile allowance. There was no second. to the motion. CC 03-20-06/72 ~ Commissioner Holt said adding the $550 a month with the $125,000 it equaled $.131,600. He said t11e average salary was $131,647. Mayor Bundy pointed out this was the average salary plus they received mileage allowance. Conunissioner Holt said he would agree to $13.0;000 encompassed with the $550. Mayor Bundy said the contraci: would need to be amended because it calls for an annual salary and automobile allowa~lce. Conunissioner Maingot said hc; was looking at a differential of 4%. He stated Longwood has a super City Administrator, but they needed to look at the size of the City and the tax base,. therefore, the affordability. Commissioner Maingot moved for $:123,000 annual salary plus the automobile allowance. of $550. Seconded by Commissioner Holt. Deputy Mayor Anderson. said ].ie was in favor of approving the City Administrator's request. He stated it was fair when looking at the current salary, the performance, and oi:her economic factors. Motion carried by a four/one roll call vote with Commissioner Sackett voting nay. Mr. Drago declared the verbiage in his contract reads that if he receives less than requested, it ways the same as being terminated. He said his attempt over the last seven (7) years has been to chip away at the difference. He affirnled he.did not ask for anything unreasonable, even though the contract language entitled him to the average of $131,647. Commissioner Maingot stated it was rather difficult to adjudicate the situation without having all the; facts at hand. He said he looked at the current salary, the size of the City and in taking everything into consideration, including the other cities; there was only a $2,000 difference. He declared, had he; known what the City Administrator just stated, he would have gone with the request. Commissioner Holt said there was never any intent in ternzinatvig the City Administrator. He inquired what they could do to rectify the situation. Mr. Taylor advised they could have a motion to re-open for reconsideration during this meeting. ~'' Commissioner Maingot said he, preferred to 'deal with the matter at this meeting. He suggested a recess; to allow time to obtain the contract to clarify. CC: 03-20-06/73 Commmissioner Maingot moved to re-open the discussion on the City Administrator's contract. Seconded by Deputy Mayor Anderson and carried by a unanimous voice vote. The Conunission recessed at 9:27 p.m. and reconvened at 9:37 p.m. Mayor Bundy requested the City Attorney to point. out the applicable sections of the contract. Mr. Taylor reviewed Section 3, Compensation, subparagraph (c) of the contract. He then reviewed the Notice of Noncompliance, Section 7 on page 6 of the contract. He advised, what was stated was accurate with the exception of the thirty (3 0) day correction time that was not mentioned. Mayor Bundy said if they do not hit the average, they were in noncompliance. Commissioner Maingot declared it did not state so, it was a benchmark. Mr. Taylor stated they were both correct. He said the benchmark looked confusing, but as you go on, it does state; as part of the budget process you will give the average annual salary based upon that. However, if he asked ~~ .for less, which he did in his proposal,. he legally deemed to have waived `-~~ that provision of the contract. Mayor Bundy inquired if the Administrator waived~that section of the contract by asking for less than the average annual, then can he reinstate it if they Commission gives less. Mr. Taylor advised the Administrator only- waived the contract. by requesting up to the. $125,000 which was, less than he was entitled to under the contract. He never agreed, in his proposal, to take less than he requested. He stated, if giving less than requested, he could invoke Section 7 on page 6 andthe Commission would have thirty (30) days to correct the action. Discussion ensued. Commissioner Maingot moved to approve the request of the Administrator with his annual salary of $125,000 and his automobile :allowance of $550.. Seconded by Commissioner Holt. Discussion was held regarding. the City Administrator waiving his right to the provisions of the contract concerning his salary. Motion carried by a unanimous roll call vote. CC 03-20-06/74 ~~,,_, 12. CITY ATTORNEY'S REPOP:T. No report. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Bundy adjourned the meeting at 9:48 p.m. / ~ Ha od G. Bundy, .Ti'., yor ATTEST: ~~~~~~ Sarah M. Mirus, City Clerk ~~ CC; 03-20-06/75 `1 This Page. Left Blank Intentionally. CC 03-20-06/76