CCMtg04-03-06Min~,, LONGWO®D~C][T'Y COMIVIISSI®N
Longwood City Cornmission Chambers
175 West V6~ar~ren Avenue
Longwood,, Florida
M:IloTU'TES
APItI:L ?~, 2006
7:.00 P'.NJI.
Present: Mayor H. G. "Butch" Bundy
Deputy Mayor Dan Anderson.
Commissioner Mike Holt
Commissioner Brian D. Sackeft
Commissioner John C. Maing;ot
Richard S. Taylor, Jr., City Attorney
John J. Drago, City Adnninist:rator
Sarah M. Mirus, City Clerk
Tom Smith, Division Manager of Streets/Fleets
Richard Kornbluh, Division Manager of Utilities
Tom Jackson, Chief of Police
Pat Miller, Director of Community Services
Carol Rogers, Director of Financial Services
Ryan Spinella, Executive Assistant
Paul Sizemore, Community Service Coordinator
Danielle Adzima, Community Service Coordinator,
1. CALL TO ORDER. Mayor BLUady called the meeting to order at 7:02 p.m.
2: A moment of SILENT MEDITATION was followed by the PLEDGE OF
ALLEGIANCE.
3. COIVIIVIUNITY ANNOUNCEMENTS. The following announcements were
made:
A. 14th Annual Easter Egg =Hunt, Saturday, Apri18, 2006,
9:30 a.m., Candyland Park, 5!19 Longdale Avenue..
B. A Blue Grasse Pickin' will be held on Apri115; 2006 from
7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West
Warren Avenue.
4. RECOGNITIONS.
A. District #3 Presentation of the: Business Person of the Month Award
for Apri12006 to Don Cook of the Florida Industrial Scale Company
~.,.~ located ~at 728 Industry .Road.
CC 04-03--06/77
Commissioner Holt read a brief biography on Don Cook of the Florida
Industrial Scale Company. He presented Mr. Cook with the Business
Person of the Month Award for April 2006. Photographs were then taken.
5. BOARD APPOINTMENTS.
A. City Administrator recommends, in accordance with the
requirements of Chapter 175 and 185, Florida Statutes, that the
Commission members appoint James R. Seibert, as the fifth member
to the Board of Trustees for the Police Officers' and Firefighters'
Pension Plan.
Deputy Mayor Anderson moved to appoint James Seibert. as the fifth
member to the Board of Trustees for the Police Officers' and Firefighters'
Pension Plan.. Seconded by Commissioner Holt and carried by a
unanimous voice vote.. -
B. District #4 Nomination to the Parks and Recreation Advisory Board.
Mayor Bundy deferred the nomination.
6. PUBLIC INPiJT.
A. Presentations. Heart of Florida United Way presented by Kristine
Iverson.
Ms. Iverson thanked the City of Longwood .for raising donations for the
United Way. She. explained that 2'11 was an information and referral
service hotline.. She said there were 452 individuals from the City of
Longwood calling 211. She stated the United Way had a Gift and
Kindness Center that receives donations and redistribute goods to
nonprofit organizations locally at a very minimal cost. She presented a
challenge to the City of Longwood to support the community in the
nonprofit area. -
McDirmit, Davis & Co., LLC will present the annual audit for the
fiscal year ended September 30, 2005.
Kelm Learn, Partner with McDirmit, Davis & Company, presented the
audit for the Fiscal Year ended September 30, 2005. She pointed out the
Introductory Section obtained a copy of the Certif cate of Achievement
received by the City for the Fiscal. Year 2004 CAFR. She said this was the
eighth or ninth year the City has received this, which was quite an
accomplishment. She stated the first page in the Financial Section was the
Unqualified Audit Report and they found no material misstatements in the
financial ,statements. She reviewed the Management's Discussion and
Analysis and said this was an overview of the year.. She affirmed the City
was in good financial shape. She .reviewed the Budget and Actual ~ _
Statement and affirmed the actual revenue was significantly higher than
the budgeted revenue. She reviewed the Notes to the Financial Statements.
CC 04-03-06/78
~ She acknowledged the City had good control over fuiancial reporting and
was in compliance with all the laws- and rules relating to cities.
B. Public Participation..
Christian H. Engle, 1616 Cher7~ywood Lane; said he was seeking support
from the Commission to allow him to erect a chain link fence along the .
back property line of his business. He reviewed some pictures and images
of the property in support of his request. He said upon review during the
permitting process they were told the zoning did not allow chain link
fence. He requested support from the Commission to allow hirn to
construct. a chain link fer~~ce. He stated there was a level of safety,, as they
have had vehicles dismantled on the property. He said the fencing the City
allowed was a hardship due to the expense.
Commissioner Holt inquired if the request still 11ad three strands of barbed
wire at the top.
Mr.. Engle said. he would, take away the barbed wire.. He stated the fence
would also have black wind screen as seen at Lake Mary High School.
' Mayor Bundy said he was trying to place the fence in the alley way behind
~ the strip shopping center,. He si:ated he was a little perplexed when
receiving a call that the chain link fence was not allowed to the rear of his
property since it is not a corridor property. He said this property was in the
industrial area.
Mr. Taylor advised he ha.d discussed this issue with staff, pursuant to the
application. He said the way the Code is being applied and interpreted
would require the applicant to build a wall or potentially a wood fence. He
declared the way it now c;xists he is not entitled to a permit.
Deputy Mayor Anderson stated if they choose to allow this, then they
would need to amend the Code. He said he did not remember removing
chain link fencing from industrial. .
Mr. Engle said his company has been in the area 30 years. and they
continue to invest in their property and equipment. He stated he was
concerned about the safetty of leis equipment and wanted to safeguard his
investment.
Commissioner Maingot stated ,~ proper grade of wood fence would last a
minimum of 10 years. He said a proper designed wood fence would
provide more security than a chain link fence.
. ~-' Mayor Bundy stated he h~olced through the Code and did not see where it
prohibited chain link fence in ather areas. He said the Development Code
stated "...chain link, barb wire., or plain wire mesh shall not be allowed on
CC 04-0~~-06/79
any designated corridors." He declared this was not a corridor property. ~
He said it was being interpreted wrong if interpreted it was not allowed I
anywhere else.
Mr. Sizemore stated the conflict was with the preceding section where it
talked about all fences were to be of a decorative style material and where
it listed all the properties this was applicable. to. He said because of the
cloudiness of the language, chain link fence was not determined to be
decorative. Therefore, it could not be used in any of the properties that are
non-residential.
Mayor Bundy said it was his general consensus that it was not intended as
being interpreted in this manner.
Mr. Taylor advised if the Commission was stating this was the legislative
intent, it would give staff enough to interpret it in a different way.
Mr. Sizemore reviewed Section 3.2.3 D 9 regarding fences and Section
3.2.3 B Applicability of the Longwood Development Code.
Deputy Mayor Anderson stated the gentleman makes a compelling point;
however, the Code does not allow it. He said an argument could be made
that chain link fence would be acceptable in rear yards.
Commissioner Maingot said it would take some time to revisit this area of
the Code and make any amendments.
Mr. Engle stated, clearly, the discussions held suggest the Code is
ambiguous and open to interpretation.
Deputy Mayor Anderson said he did not see a problem with bringing this
forward for discussion and this could be scheduled at the next meeting. He
stated it needed to be accomplished in the right manner and public
participation was not the right forum.
Commissioner Sackett agreed this issue needed to be reviewed and it
would take some time. He said they understood what he was saying and
they were compelled to act in that direction.
7. CITY ADMINISTRATOR'SREPQRT. No report.
8. MAYOR AND COMMISSIONERS' REPORT.
District #4. Mayor Bundy reported he had an encounter with one of the DOT
engineers working on State Road 434 widening project. He brought up the recent
discussions regarding Mud Lake. He said this person was not involved in the
project, but he recalled discussions on why the two bodies of water were ~1
separated by a road without allowing a culvert. He stated he would be meeting
with Chairman Henley as the County was fast tracking the widening project. He
CC 04-03-06/80
~ said the individual did not see arty :rea.~on why the State couldn't put in a culvert
and perhaps a sleuth gate type of: a~Tangement if the City would take over the
maintenance for the reconnection. He declared if the source for fresh water on the
lake could be reconstituted, it would behoove the City on spending funds to bring
the lake back to life.
Mayor~Biuidy said he noticed to the back of Candyl'and Park he saw-two boys,
one on the ground, and the other on to~~ of an eight foot gate along where a rolling
fence is. He stated there were red marks on the road where the children were
getting into the clay. He suggested a taxp be secured over the clay.
District #5. Commissioner Sackett reported he came upon a sign approximately
90 days ago that seemed to be nbn-cor.~forming and made the connections to check
on the sign.
Mr. Miller advised this was a temporary sign issue and it would be coming down
in approximately 15 days. He said it di:d meet the regulations for a temporary sign.
Commissioner Sackett said he was sad. to see .Blockbuster Video had moved out
of town. He said it seems a new businc;ss is going in that location. He stated over
1,000 people.participated iii the :Delay for Life at Rock Lake Middle School and
he hoped the City would be organized and increase involvement for the event next
year.
Mayor Bundy said the Police Department participated and won the Spirit Award.
Commissioner Sackett reported 'Thursday was the Teacher ofthe Year
celebration.
District. #1. Commissioner 1Vlai:ngot reported the noise ordinance use to be 100
feet away from the car and it was reduced to 25 feet. He requested the Chief of
Police have officers pay closer attention to this issue. He said he has noticed
people making a rolling stop when turnuag right at the stop sign located by the
Fire Station. at the corner of West ~~arren Avenue and 1Vlilwee Street.
District #2. Deputy Mayor Anderson reiterated putting. the fence issue on the
next meeting agenda for discussion. He said when bringing up State Road 434, in
the past, the State and the Federal Government recognized the problems and was
trying to promote good water flow. He- suggested contacting St. Johns Water
Management District and pursuing funds to help connect these two bodies of
water together. He said he would like i;o pursue interun improvements.
Deputy Mayor Anderson reported lac rc~ade a trails presentation to the County
Commission. He said it was looked upon very favorably. He inquired. about cost
sharing. He suggested, in discussions with the County and various
~''~ Commissioners, there be four phases. He said while the County did not commit to
giving money, they did say they would like to find fluids to allocate toward this.
CC 04-O.S-06/81
He declared it was received very well and he looked forward to getting the trails
done.. ~~
9.
District #3. Commissioner Holt reported the City of Longwood had good
representation at the Sanford/Orlando Airport opening. He also attended the
Orlando Art Museum to the Art of the Motorcycles. He stated. he saw Deputy
Mayor Anderson's trails presentation to the County and he hit on all the points
and it was very well put together: .
CONSENT AGENDA.
A. Approve Minutes of the March 20, 2006 Regular Meeting.
B. Finance Division of the Financial Services Department recommends
payment of approved and estimated bills for Apri12006.
C. The Community .Development Division of the Community Services
Department recommends that the City Commission. consider.a
request from Glenn Brazier to waive fees associated with the
annexation and assignment of a Land Use Designation to the property
at 1449 N CR 427.
D. The Community Development Division of the Community Services
Department recommends that the City Commission consider a
request from Glenn Brazier to waive fees associated with the
annexation and assignment of a Land Use Designation to the property
at 1455 N CR 427.
E. Finance Division of the Financial Services Department recommends
the City Commission accept the annual audit for the fiscal year ended
September 30, 2005 as presented by McDirmit, Davis & Co., LLC.
F. Utility Billing Division of the Financial Services Department
recommends the City Commission approve a contract and purchase
order in the amount of $18,500 to Severn Trent Environmental
Services, Inc. for meter reading services and authorize the City
Administrator to sign the purchase order.
Deputy Mayor Anderson moved. to approve the Consent Agenda as
submitted. Seconded by Commissioner Holt.
Deputy Mayor Anderson inquired if Item 9 F was for meter reading
services.
Mr. Drago responded in the affirmative.
Ms. Mirus reported Commissioner Sackett had turned in Form 8B and ~
requested this be added to the minutes for approval.
CC 04-03-06/82
Deputy Mayor Anderson included the. addition ofForm 8B to the
minutes as part of the motion. Seconded by Conunissioner Holt
and carried by a unanimous roll call vote.
10. PUBLIC HEARINGS.
A. The Community Devela~pment Division of the Community Services
Department recommends the- City Commission read by title only and
approve Ordinance No. 06-1787 to annex (ANX 01-06) the property
located at 131. Longwood Hil](s Road.
Mr. Taylor announced hawing proof of publication for this and all public
hearings listed on the agenda. 1Je then read Ordinance No. 06-17$7 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 Sackett and carried by a unanimous voice vote.
Mr. Drago requested the City E~ttorney to address the letter from Mr.
Towers requesting another extension to July. He also offered starting over
if the Commission denies the extension:
Commissioner Sackett :moved to delay the reading of title and
approving of Ordinance; 06-1787, as requested, and set the public
hearing for July 17,.2006. Seconded by Commissioner Holt.
Mr. Taylor said he interpreted 'the correspondence to indicate issues in the
contract between the buyer and seller. He said there would be no way of
re-notifying people who -were noticed of this public hearing and by tabling
to a date certain would notify those in attendance to a definite time.
Deputy Mayor Anderson. said he would like to make sure the
representative owned title, to th.e property at that time. He stated they could
not annex property they ciid not own.
Mr. Taylor advised That Pv1r. Towers has produced a document stating he
had limited power of attorney i:o speak on behalf of the, owners of the
property. He stated neither par~.y desires to consummate the annexation.
until he closes on the contract. He suggested the City contact the current
owner to see if they want: to annex the property.
Motion carried by a unanimous roll call vote..
~~' B. The Community Develc-pment Division of the Community Services
Department recommends thf: City Commission read by title only, set
April 17; 2006 as the second ]Public Hearing date, and approve or
CC` 04-03-06/83
deny the first reading of Ordinance No. 06-1791 to amend (LDCA 02-
06)' the Longwood Development Code.
Mr. Taylor read Ordinance No. 06-1791 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.
Deputy Mayor Anderson moved to approve Ordinance 06-1791
and set April 17, 2006 as the second public hearing date. Seconded
by Commissioner Maingot and carried by a four/one roll call vote
with Commissioner Holt voting nay..
11. REGULAR BUSINESS.
A. The Community Development Division of the Community Services
Department recommends the City Commission read by title only, set
April 17, 2006 as the Public Hearing date, and approve the first
.reading of Ordinance No. 06-1795 to annex (ANX 04-06) the property
located at 1449 North County Road 42.7.
Mr. Taylor read Ordinance No. 06-1795 by title only.
Deputy Mayor Anderson moved to approve the first reading of
Ordinance 06-1795 for annexation (ANX 04-06) and set April 17,
2006 as a public hearing date. Seconded by Commissioner Sackett.
Commissioner Sackett said he noticed the next annexation item and
inquired if there was a master plan for this property.
Mr. Sizemore advised the property was under one ownership, but listed as
two .separate properties by the Property Appraiser. He said there were no
immediate plans for the property.
Motion carried by a unanimous roll call vote.
B. The Community Development Division of the Community Services
Department recommends the City Commission read by title only, set
April 17, 2006 as the Public .Hearing date, and approve the first
reading of Ordinance. No. 06-1796 to annex (ANX OS-06) the property
located at 1455 .North County Road 427.
Mr. Taylor read Ordinance No. 06-T796 by title only. ~,,~ ,
CC 04-03-06/84
~. Commissioner Maingot moved, to approve the first reading. of
Ordinance No. 06-].796 and set April 17, 2006 as a public hearing
date. Seconded by {:ommissioner Sackett and carried by a
unanimous roll call vote.
C. 'The Community Development Division of the Community Services
Department recommends th.e City Commission approve a Lot Split
(SD 01-06) in order to establish two (2) conforming lots at 601 South
Grant Street.
Mayor Bundy amiounced this ~~as a quasi judicial hearing.
Mr. Drago advised the ].anal uses were not being changed; therefore this
would not be quasi judicial. .
Mr. Taylor confirmed this was not quasi judicial.
Commissioner Sackett moved to approve Lot Split (SD O 1-06) in
order to establish two conforming lots at 601 South Grant Street.
Seconded by Commissioner Maingot and carried by a unanimous
roll call vote.
D. The Finance Division of the Financial Services Department
recommends City Commi siun read by title only, set April 17, 2006 as
a public hearing date and approve the first reading of Ordinance 06-
1797 which amends the Fiscal Year 05/06 Budget.
Mr. Taylor read. Ordinance No. 06-1797 by title only.
Commissioner Holt moved to set April 17; 2006 as a public
hearing date and ,~ppro~~e the first reading of Ordinance 06-1797.
Seconded by Commissioner Maingot.
Corrunissioner Holt. inquired if' Mr. Buehler came in and handled this
issue.
Mr. Drago advised Mr. Etuehler preferred for the City to do the. design
work and build it, and he would reimburse the City. He did commit in his
letter if the cost increased, he would pay the: difference.
Mayor Bundy asked for clarification from the City Attorney if he would
not be able to vote on this since Mr. Buehler was a client of his.
Mr. Taylor advised the Mayor would not have a conflict unless he would .
(,~.,. derive some financial be~ie .fit f,-om the money obtained from this
Ordinance.
CC 04-O:i-06/85
Motion carried by a unanimous roll call vote.
12. CITY ATTORNEY'S .REPORT. No report.
13. CITY CLERK'S REPORT. No report.
14. ADJOURN. Mayor Bundy adjourned the meeting at 8:38 p.m.
~f
ood G. Bundy r., Mayor
ATTEST:
6~ ~~
Sarah 11'x. Miruss City Clerk
CC 04-03-06/86