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CCMtg10-02-06Min-, LONGWOOI~ CI'I'~~ COMMISSION ~~ Longwood City Cammission Chambers 175 West Warren Avenue Longv~~ood, Florida MINCT ACES . OCTOBER: 2, 2006 7:00 P„M. Present: Mayor John C. 1VIaingot Deputy Mayor Dan Anderson Commissioner Mike Holt Commissioner H.G. "Butch" I~undy, Jr.. Teresa. S. Roper, Acting City Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk . Tom Smith, Division Manager of Streets/Fleets Herb Stewartson, Police Department Tom Jackson, Police Chief Paul Sizemore, Interim Tirector of Community .Services Carol Rogers, Director of Financial Services Ryan Spinella, Executive Assistant ~~~ Leonard Turner, Fire Department Absent: Commissioner Brian D. Sackeitt (Excused) Richard 5.. Taylor, Jr., City Attorney (Excused) 1. CALL TO ORDER. Mayor Mai:ngot called the meeting to order at 7:03 p.m. 2. A moment of SILENT MEDITATION was followed by the PI_,EDGE OF ALLEGIANCE. 3. COMMITNITY ANNOUNCEMENTS. None. 4. RECOGNITIONS. A. District #4 Presentation of the :Business Person of the Month Award for October 2006 to Alan SingE~r of Colonial Bank, located at 801 East State Road 434. Commissioner Bundy read a brief biography on Mr. Singer. He presented him with the Business Person of the Month Award for October 2006. Photographs were then taken. ~ 5. BOARD APPOINTMENTS. ~ A. District #5 Nomination to the Codes Enforcement Board. CC 1O-02-06/299 Commissioner Sackett was absent. B. District #1 Nomination to the Codes Enforcement Board. Mayor Maingot deferred the nomination. C. District #5 Nomination to the Codes Enforcement Board.. Commissioner Sackett was absent. 6. PUBLIC INPUT. A. Public Participation. Theodore Del Rosario, 209 West State Road 434, said they were owners of the beauty parlor at this address. He said they were opposed to closing the access, off of State Road 434,, to the shopping center. He stated there have not been any accidents since they have been at this location. Dottie Bodell, 213-221 West State Road 434, said she was a dual owner of Kid's at Play Learning Center at and also Kid's at Play BBK Academy on West State Road 434. She said she was opposed to closing the access from State. Road 434. She stated she was not aware of any accidents there. She declared there were ,six (6) businesses that would basically be shut down if l this access is closed. She said she employs 25 people and without this access there would be no access to her building. She stated people would ~~ not go to the intersection of Ronald Reagan Boulevard and State Road 4'34 to make a U-turn, where there are numerous accidents. She said closing this access would close down many businesses in Longwood and affect the people who work there. She said there was an alternative by making an opening at Wilma. She declared the traffic held up due to the railroad tracks needed to be addressed more than closing down the access. Mayor Maingot inquired if she was referring to the realignment of the median on State Road 434. Ms. Bodell responded in the affirmative. Mayor Maingot advised the City of Longwood was not involved in the engineering and planning of this. He stated this was. being done by DOT and the County. He said they were taking note of their concerns and would pass this information on. Commissioner Bundy said the Resolution on the agenda was in opposition and requesting to have this postponed until the widening of State Road 434. He suggested they obtain a copy of the Resolution and send it to DOT with their comments as well as copying. it to the Legislative Delegation. .~ CC 10-02-.06/3.00 DanXa L nom, 2'07 West State Road 434, said she represented the Dry Cleaning business. She said they ].lad a lot of loyal customers and they opposed closing the access. 7. CITY ADMINISTRATOR'S RE:POR7,. Mr, Drago reported the County was looking. to place a referendum on the ballot relative to asking for more money to build trails. He said it appears. Longwood is included and they have inquired if the City would aupport a Resolution to that affect. He inquired if the Commission would be amenable to a Resolution being brought. forward to the next meeting. It was the consensus of the Commission i:o bring forward. a Resolution. Mr. Drago advised the Comprehensive Phan needed to be reassessed. He requested a. Work Shop with the Commission on November 13th at 7:00 p.m. He said Gail Easley would be in attendance. Discussion ensued regarding other available dates to hold a Work Shop. Mr. Drago said he would check on dates :Ms. Easley would be available and send a memo to the Commission. S. MAYOR AND COMMISSIONERS' REPORT. District. #5. Absent.. District #1. Mayor Maingot congratulatf,d the Longwood Fire Department for their contributions to the Muscular Dystrophy Association. He referenced, a memorandlun from Mr. Sizemore to Mr. Drago dated September 26th regarding the. County's proposal for meeting City building service needs. He declared he rejected the first item where Seminole County would assume total authority and control over permitting activities for the ~aities. He said that was a red flag. He said he had previously mentioned fiduciary training responsibilities for government and those involved. He; stated he had an article regarding this and would provide it to the City Clerk to make copies and distribute. He said th.e Seminole County trails program came up at the last City/County Advisory Committee. meeting. He gave a copy of the brochure provided at that meeting to the City Clerk as well as other items the County desires cities to participate in. He reported the Seminole County Educational .System Advisory Committee met September 20th and they had reviewed the previously reported 47 million dollar deficit. This deficit was reduced to :$7,842,60.6. District #2. Deputy Mayor Ander~~on s~i.d he would be bringing up the issue. of State Road 434 Thursday morning at the MetroPlan Municipal Advisory Committee. He stated there were aelvisor;y committees trying to coordinate activities such as this and he had never heard about this being on the list. He ~~ declared this was not good government. 1:3e reported this coming weekend CC 10-02-06/301 Northland Community Church was having a Symphony Orchestra with 160 vocalists, musicians, and ballet dancers. v j District #3. Commissioner Holt congrahlated Ms. Rogers, Financial Services Director, on receiving a Certificate of Achievement of Excellence in Financial Reporting. He congratulated Krista Pohorenec for her accomplishment in swimming from Alcatraz :Island to the Aquatic Park. He reported the Commissioners received a letter from him last week regarding a request to look into an Ordinance regarding securing ariimals to prevent children from being harmed. He affirmed having requested each Commissioner appoint representatives from their District to participate in the CERT Program. He stated if they did not want to participate, with the permission of the Commission, he would move forward, and work with Police Department and Officer Stewartson. He said he has people who have volunteered and want to participate. Commissioner Bundy said he had two volunteers to participate in the CERT Program. Mayor Maingot said he was willing to participate.. Deputy Mayor Anderson inquired what he was requesting they do. Commissioner Holt explained the CERT Program was a Citizens Emergency i Response Team. He said the Police Department has put this program together and it it was a response to any emergency that would come to the City. He said each ~~1 Commissioner was requested to appoint two citizens from their District to sit on the board by a letter they received and he also had made the same request at a previous meeting. He requested Officer Stewartson to explain the Program. Officer Stewartson explained they had brought up the idea a few months ago of starting a CERT Program which is a Citizens Emergency Response Team. He said this was a program that has been around for years that trains citizens in some simple first aid, seareh.and rescue, and emergency preparedness. They become a third hand for the Police: and Fire Departments during some type of emergency event 'such as a natural disaster. He has contacted some other agencies that can help with the training. He explained this was a thirteen (13) week program that requires a couple. of hours one night a week. After the training, they do some practical drills and after that there is a graduation ceremony. He :said if the Commissioners could nominate two people from their District that would be willing to participate and go through the training he would greatly appreciate it. He would like to start the training: after the first of the year and would like to have ten (10) participants for the first class. Mayor Maingot requested copies of the material previously distributed be placed in their mailboxes. .~ CC 10-02-06/302 Commissioner Holt said he met with. Senator Constantine regarding the Resolution. He said he appreciated all efforts in moving this through as quickly as possible. District #4. Commissioner Bundy congratulated Joel Hunter of Northland Community Church who just recently was appointed the President of the Christian Coalition. Commissioner Bundy said the Comrnission passed a maintenance and usage schedule last year for the ball fields .at Car.~dyland Parlc. He declared the fields were not getting anyrest from play of organized Teams. He said if people were not kept off of the fields on the day they were to receive maintenance and rest to allow the grass time to recuperate, they would end up spending additional funds on redoing., each field. He affirmed it needf~d to be impressed upon the Babe Ruth representatives that the day of rest was so 'the fields can,regenerate themselves. He stated the f ells were as good as any in the area last year at opening day and now they were beginning to show -signs of wear:. Mr. Drago advised he would look into this matter.. Commissioner Bundy said with property values rising, there were a lot of grass root efforts of people trying to double the homestead exemption. He said there was a group looking to make the cap on Save Our Homes portable. He suggested the City Administrator have Ms. Ro€;ers do an impact study and put together a matrix. Commissioner Bundy reported Barrington has an organizational committee and they were putting together a plan. He; said they were getting ready to hold a subdivision meeting. He stated they l.1ad some questions they wanted answers to and he was helping them work through the process. Deputy Mayor Anderson said they have been allowing below ground infiltration retention on some projects. He stated. these systems required maintenance in order to keep functioning. He requested the City research what St. John's regulations were'for the maintenance of this type o:F system. He suggested they may need to look at having a requirement for periodic inspections. Commissioner Bundy concurred and stated there was a requirement for private retention ponds to be inspected so the infiltration systems could be included. He reported the last Code meeting had three cases ofnon-compliance. 9. CONSENT AGENDA. A. Approve Minutes of the September 18, 2006 Work Session, September 18, 2006 Regular Meeting and September 25, 2006 Special Meeting. B. Fanance Division of the Financial Services Department recommends payment of .approved and estimal:ed bills for September 2006. CC 10=02-06/303 C. City Administrator recommends the City Commission approve the adoption of the Collective Bargaining Agreement between the City and the Teamsters Local Union No. 385 for the period of October 1, _ 2006 through September 30, 2008 and authorize the Mayor to sign the agreement. D. City Administrator recommends the City Commission approve the adoption of the Collective Bargaining Agreement between the City and the International Union of Operating Engineers, (IUOE) Local 673 covering the White Collar Unit for the. period. of October 1, 2006 through September 30, 2008 and authorize the Mayor to sign the' agreement. E. The Police Department recommends the City Commission approve the purchase. of thirteen (13) 2007 Ford police vehicles from Don Reid Ford, in the amount of $269,389.00 and authorize the City Administrator to sign the purchase order. Commissioner Holt moved to approve the Consent Agenda, Items 9A-E. Seconded by Deputy Mayor Anderson. Discussion was held on Items 9 C and 9 D. Motion carried by a unanimous roll call vote with. Commissioner Sackett absent. 10. 11 PUBLIC HEARINGS. None. REGULAR BUSINESS. A. City Administrator recommends the City Commission read by title only and adopt Resolution No. 06-1155 requesting the Seminole County legislative delegation intervene on behalf of the City of Longwood with the Florida Department of Transportation to have the scheduled 2007 Access Management Improvement Project on SR 434 postponed until such time as the proposed road widening project takes place. 1VIs. Roper read Resolution.No. 06-1155 by title only. Commissioner Holt moved to adopt Resolution No. 06-1155, as presented, Item 1~1 A. Seconded by Commissioner Buridy. Deputy Mayor Anderson inquired if the City had called DOT to express our displeasure. Mr. Drago said he had stated at the last. meeting that Mr. Spinella contacted Representative Simmons office and that. person in turn contacted `j t_he project manager forDOT relative to this project. Her comments were CC 10-02-06/304 that she did not know ;there was a problem. He declared she was at the ~ meeting where the. public and the Commissioners raised issues relative to the project. Deputy Mayor Anderson said he has learned that the consultants do not always have a line of communication with the decision. makers. He stated he would like to express to them directly what the City Commission decides and also try to get M:etroPlan to take action on this. I-Ie requested the concurrence of the Commission to get the Municipal Advisory Committee to take a stand on this matter. It was the concurrence of the City Commission for Deputy Mayor Anderson to take this to the Municipal Advisory Committee. Commissioner Holt said they needed to understand they were not against some of the project, such as 1:he I-4~ reconfiguration. Discussion was held regarding the project. Motion carried by a unanimous roll call vote with Commissioner Sackett absent.. B. City Administrator recommends the City Commission discuss . ~ supporting the Seminole County Driver Education Pilot Program and ~ take action the Commission deems appropriate. Deputy Mayor Anderson said the School Board was expecting money from the City of Longwood based un the correspondence between the two entities. He said the newspaper reported the City was giving ears to the School Board and no money was mentioned. He. said, in principal, he did not think it was a good idea for the City to fund educational programs at the School District level. He concurred with the analysis that something needed to be done to train children prior to their getting behind the wheel of a car. He declared there was a .fundamental principal being violated in one government body being asked to tax citizens to fund. the activities of another governmental body tllai: has taxing. authority. He affirmed this was not a perfect solution, but it was a start and an attempt to .do something. He said he wouldn't-mind working with them as a •start. He stated he had problems with the way it is structured and the proposed implementation, but he did support the goal of the program. He said he did not see this being an annual expense. Commissioner Holt said he was sure the Police Chief and EMS would not want to tell parents of a child in an automobile accident that the City did not support this program. He said he would forego putting any money towards the swimming pool or any other project if we could get children ~ educated. He declared this was one of the best programs they could support as a pilot program to help educate our children. CC 10-02-06/:305 Commissioner Bundy said lie could see both points. He stated this was a program that he would rather fund than the football field. He said this was a pilot program and Winter Springs has offered six (6) vehicles. He declared the $4'7,000 for a two year pilot program was money well spent in getting the program started. He-said he did not. know if this was something they would fund on an ongoing basis. He said this would have a greater impact on our community than the schools. He stated the School Board was starting to look for permanent funding solutions. Mayor Maingot said he did not know who The Orlando Sentinel interviewed, but he was surprised by the article when he read Longwood had made a commitment. He stated this had not been discussed by the Commission. He declared he fully supported the idea of the Driver's Education Program. He said he had 20 years of experience as a parent with children going through the Seminole County School system. He stated he would be hard pressed to spend the taxpayers' money in the: City of Longwood. He said he knows where they are coming from .and there have been some hard questions to be answered. He stated if the student had no monetary commitment, the program would not have the results they want. it to have. He'reiterated he supported the program. He stated. the School Board needed to fund it together with a monetary commitment from the student for it to succeed. 'Deputy Mayor Anderson said the right way to do this program would be to go through Tallahassee and require Drivers Education before you can get a license. He said they were all in agreement that. teenagers needed the training. and experience. He suggested the Commission make a commitment to not accept this program as it is,'but use. it as a start. He said he would feel more comfortable with assisting if they made that commitment. He agreed there needed to be a financial contribution from those who want to drive. He suggested the City work with the School Board to restructure this over time. He said they could revisit this next year. He stated he wanted them to be part of the solution and it was a safety issue. Mayor Maingot said he was listening to what was being said in an effort to compromise. He stated he: did not have a problem with .going forward with what they were requesting, but with the proviso that there is a monetary commitment. made by every student entering into the course. Mayor Maingot moved to approve Item 11 B with a proviso that our contribution is directly tied to a $100 contribution by every student who wants to participate: in this program. Mayor Maingot said if this is not acceptable. then he does not support ot~r $47,1.58 contribution to the program. Seconded by Commissioner Bundy.. CC 10-02-06/306 Commissioner Bundy said the Mayor just said the.City would give $47,158 tq the School Board if the: students will come up with $48,000. Commissioner Bundy withdrew the second to the motion. Deputy Mayor Anderson. said he concurred with the sentiments, but it was impractical at this time. He said it was too late to make any changes to the plans the ,School Board has for this year. He suggested,giving the first half and agreed there needed to be some commitment from the students.:~Ie said he would like to ,get a commitment from the County and the School Board. to work toward a goal of m:king some changes in Tallahassee of Driver's Education being a requirement. Commissioner Holt asked the City Administrator if he was reading the item correctly in that the f rst year contribution would be $45.,000 anal the second year would be $30,000. Hey inquired if they were saying to give the fiords the first year and revisit it, or agree with this for the two years contribution. Mr. Drago said the numbers did not add up, but it appears they are asking for the full funding for two years for two schools. He reviewed the various contributions to the program and said he would read the City's requested contribution to be $47,000 for the two years. ~ Commissioner Bundy said the request was for $47,158 for the two years for the pilot program. Discussion ensued. Commissioner Btuzdy moved to authorize expending $47,158 for the Driver's Education Pilat program.. Seconded by Commissioner Holt. Mr. Drago said there was a possibility the City nlay have two vehicles available. He said the worth of the two vehicles minus the $47,000 would leave the balance in cash. Commissioner Btmdy agreed. the spun of any combination of vehicle/cash to total the equivalent of $47,158. Commissioner Holt agreed as the second to the motion. 1VIr. Drago advised this would require a budget amendment. Commissioner Bundy withdrew hi;~ .motion. CC 10-02-.06/3.07 Commissioner Bundy moved to authorize expending $47,158 in cash/vehicle donations or any combination thereof the -City Administrator can work out. Deputy Mayor Anderson said cars or cash was the same thing. He stated he had a problem with the basic set up. He said something needs to change or he cannot vote yes the way it is. He declared he has stated repeatedly he supports the idea and that is why he would like to proceed with half. He sad.they have not been solicited for their input on how the program works, yet they were being.. solicited for cash. He stated he wanted. a chance for input info the program and suggested giving $30,00.0 and revisit next year to see if there was progress being made. He said if they write the check for the full amount,. they would have no opportunity for dialogue. He declared he wanted to give the School Board the benefit of the doubt, but he also would like to work with them as partners in doing something better than this program. Commissioner Holt said this was the premises of a two year'program and he did not see how they could divide it in half. He said they were looking for a commitment from the municipalities, the County, and others. to implement this program. He inquired what the vehicles would total out. Mr. Drago said the vehicles he had in mind would probably retail at $10,000 each and that was on the high side. . ..a Commissioner Holt seconded the motion. Motion failed to carry by a two/two/zero roll call vote. with Commissioners Holt and Bundy voting. aye; Mayor Maingot and Deputy Mayor Anderson voting nay, and Commissioner Sackett absent. Deputy Mayor Anderson moved to give the School Board $30.,000 this year and ask to work with them on a long term solution to this and asking Tallahassee to require driver training of everybody and looking through what that program could entail and also how this program could be better run at the local level. Seconded by Mayor Maingot. Mr. Drago asked for clarification if this was $30;000 cash or a combination of cars and cash. Deputy Mayor Anderson said he did not have a problem with a combination of cars and/or cash. He said he was sure the School Board would be happier with cash. Commissioner Holt said the Mayor previously stated this would never make it through Tallahassee. He stated this was a pilot program and if it didn't. work it was going to go away. He said they were missing an ~ opportunity for $17;000. CC 10-02-.06/308 Deputy Mayor Anderson said a life lesson you learn is that you never give the last payment until you are satisfied with the job.. He said that is why he ' suggests doing it .this way. I [e said the Mayor was realistic about Tallahassee,. but at the same time, we have a .good Legislative Delegation and we have an excellent County. He affirmed they worked together to ,get the Driving Track built and 1:he Legislative Delegation helped in getting funds to make this happen. He sari he.was.willing to make the effort in putting their efforts together to make this happen. Commissioner Bundy called the question. Motion failed with athree/one/zero roll call vote with Mayor Maingot, Commissioners bIolt and Bundy voting nay, Deputy Mayor Anderson voting. aye, and Commissioner Sackett absent. C. City Administrator recommends the City Commission read by title only and adopt Resolution No. 06-1156 requesting the Florida House and State Senate to addres:~ the (;merging crisis of the high cost of insurance premiums facing property owners of Longwood, Seminole County and. the State of Florida. Ms. Roper read Resolution No. 06••1156 by title only. Mayor Maingot moved to approve Regular Item 11 C, Resolution No. 06-1156, as presented. Seconded by Deputy Mayor Anderson. Deputy Mayor Anderson.inquired ;~s to the origin of this item. Mayor Maingot advised this came to the Commission through the PBS requesting our support. He said many organizations were moving forward with a similar Resolution in support. Deputy Mayor Anderson said he lilted the spirit of the Resolution. He stated we were facing a problem with the availability of insurance in the State of Florida and this has a huge impact on our quality of living and our ecbnorny. He 'suggested one change. He said, he did not like the second Whereas regarding the currertt acti~~ns of insurance companies. He stated there was problem with the whole equation and he didn't like blaming just one group. Commissioner Bundy said he had concerns with the Resolution. He stated he didn't mind blaming the insurance companies. He said he would vote for it, but sending a Resolution would not have any impact at the State level. Motion carried by a u:nanim.ous roll call with Commissioner Sackett absent. CC 10-02-06/309 ID. City Administrator recommends the City Commission read by title _ only, set October 16, 2006 as the Public Hearing date .and approve the first reading of Ordinance No. 06-1815, which. authorizes a fifty (50) year lease with option to purchase City property to the Northland Community Church with the City of Longwood. Ms. Roper read Ordinance No. 06-1815 by title only. Commissioner Bundy moved to approve Ordinance 06-1815 and set October 16, 2006 as a public hearing date. Seconded by Deputy Mayor Anderson. Commissioner Bundy said he was glad. to put this to rest. Motion carried by a unanimous roll call vote with Commissioner Sacleett absent. 12. 13. CITY ATTORNEY'S REPORT. Ms. Roper reported she attended the Codes Enforcement Board meetirig last week and it went very smoothly. Deputy Mayor Anderson inquired if we would be in court tomorrow. Ms. Roper responded in the affirmative and said Mr. Roper would be there. She reported they have heard no response, no move to dismiss or any kind of mediation being accomplished. She said it was her understanding there was no reconciliation reached. CITY CLERK'S REPORT. A. Reschedule or cancel the January 1, 2007 Regular Commission Meeting. Ms. Mirus distributed a calendar for January 2007. She reported the first City Commission meeting in January falls on New Year's. Day which is an official City Holiday. She requested the Commission either cancel or reschedule the Commission meeting. Commissioner Bundy recommended scheduling the meeting, for either Tuesday or Wednesday. Deputy Mayor Anderson suggested Wednesday, January 3,.2007. It was the consensus to reschedule the meeting to January 3, 2007. CC 10-02-06/310 ._ .~ 14. ADJOURN. Mayor Mangot adjourned the meefing at 9:19 p.m. ~~ ~~ ATTEST: ~,: - ~,. Sarah M. Mirus, CMC, City Clerk _i~ ig~t, Mayor CC 10-02-06/:311 J~ ~, ..,~ ~. ': This Page Left Blank Intentionally. . ~l J CC 10-02-06/312.