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CCMtg02-15-07MinLOl~GWOOD. CI'I'~' COMMLSSIOI~ '~ __ Longwood City C'omrnission Cham&~ers 175 West Warren Avenue Longwood, ]Florida 1VIIiv1JTES ]FEBRU.AR~' S, 2007 7 : CI O P.lVI. Present: Mayor John C. Maingot Deputy Mayor Mike Holt Commissioner H.G. "Butch" Bundy, Jr. Commissioner Brian D. S;acketi: . Teresa S. Roper, Acting City Aittorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleets Paul Sizemore, Interim Di~recto:r of Community Services Amy Stevenson, Community Services Coordinator Carol Rogers, Director of Financial Services Ryan Spinella, Executive Assistant Tom Jackson, .Police Chief Absent: Commissioner Dan Anderson (l~xcused) 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:03 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEllGE OF ALLEGIANCE. 3. COMMUNITY ANNOITNCElVIENTS. The following announcement was made: A. A Blue Grass Pickin' will be held on February 17, 2007 from 7:00 p.m. until 10.:00 p.m., Longwood Cormunity Building, 200 West Warren Avenue. 4. .RECOGNITIONS. A. District #3 Presentation of the Business Person of the Month Award. for February 2007 to Scott:. Meiasell of Docuprint, located at 111.1 North Ronald Reagan Bou.levar~d. Deputy Mayor Holt read a brief biography on Scott Meixsell, Owner of Docuprint, and presented him with the Business Person of the Month Award for Febniary 2007. Photographs were then taken. CC 02-OS-0',x/13 B. Presentation of the 27t~ Annual JOY (Juvenile of the Year) Awards. Mayor Maingot. read the history on the JOY Awards and reviewed the requirements. Mayor Maingot, Deputy Mayor Holt, Commissioner Bundy and Commissioner Sackett rotated in reading brief biographies on the following students. Each student was presented with a framed certificate. Photographs were then taken. Cindy Lopez Pam Boyson Brooke Gilardi Jacob Pines Adam Greenhut Diego Rios Tatjuana Joye Maria LoPorto Heather Reeves Adam Hemann Altamonte Elementary School Choices In Learning Charter School Greenwood Lakes Middle School Highlands Elementary School Lake Mary High School Longwood Elementary School Lyman High School Milwee Middle School Rock Lake Middle School Woodlands Elementary School The Commission recessed at 7:29 p.m. and reconvened at 7:35 p.m. 5. BOARD APPOINTMENTS. A. District #1 Nomination to the Parks and Recreation Advisory Board. Mayor Maingot deferred the nomination. B. District #2 Nomination to the Parks and Recreation Advisory Board. Commissioner Anderson was absent. 6 PUBLIC INPUT. A. Public Participation. None. 7. CITY ADNIINISTRATOR'S`REPORT. Mr. Drago said he gave each Commissioner a packet with a suggested listing of trees to be cut down in the Historic. District. He stated he was looking at the tree in the parking lot and they would also look at replacing the ones on the. list that call for no replacement. He said he would leave the one by the Bradlee-McIntyre House alone until the sidewalk gets moved. He stated. he had another list that was outside of the Historic District as part of the Arbor Grant. He reported there was an incident in Hidden Oaks where trees were being taken out of the right-of-way without permission. The Homeowner's Association has determined 19 trees needed. to be cut down. They have taken down two and the President has been informed not to remove any additional trees. CC 02-05-07/14 Mr. Drago reported. the School Board has .inquired if the Commission would pass -!~ a Resolution supporting the increase to school impact fees as some other cities j have done. Commissioner Bundy said when the County passed the one cent sales tax extension they promised the business community they would not seek increases in impact fees.. It was the consensus of the Commission tc~ bring a Resolution.. forward for consideration.. Mr. Drago said he had provided the Comn:lissioners with a copy of a letter fi~om the County providing for a couple oi' options if the City wanted to use their building plans and inspection services. He declared they were pleased with the private firm the City was using. Mr. Drago said Deputy Mayor Holt :had asked for a CPR class by the Fire Department. The Fire Department provided information relative to this and there would be a cost to the residents for that se-~-vice. The cost of $17.20 would cover the book and a mask for the class. He said if the Commission directed he would instruct the Fire Chief to move forwarel. He stated they would place notices in the water bills to see who would be interested in signing up for the classes. Commissioner Bundy suggested Chief Jackson let Officer Stewaxtson know when the class would be so he can pass this information along to the Neighborhood Watch groups. Mr. Drago said he had provided the Commissioners with correspondence that had transpired between Barrington and tlae City. He stated Ms. Rogers had sent out certified letters. At a meeting with two individuals from Barrington, they were told the City had some concerns about son.ie of the plants being susceptible to disease and not being drought tolerant. He said they were told if these plant materials did not survive they would. have to pay for the replacement. With this in mind the two individuals agreed to inst:ruet Ms. Rogers to add another $20 per year to the assessment for the replacement cost of thoseplantings. He said the contractor they wanted to use for the: initial plantings did not want to provide the maintenance, so the City will maintain in accordance to the maintenance plan given to the residents and the questions and answers submitted. He advised with the work being done by a private contractor, the City would have him enter into a contract so there will be no misunderstandings, especially in regards to any warranties on the plants. He said if Barrington gets 60% of the votes by the property owners they will move forward. ]:f the 60% o is not obtained, then the. Commission will need to decide on ~Nh.ether the City should continue to maintain the area as they have been. Mr. Drago distributed a copy of an e-mail to the Commissioners from the property ~ owner's attorney. He did request an appea to the City Commission relative to the site plan, but he made the request afl:er the expiration date. According to the Code; CC 02-05-07/15 he is not entitled to the. appeal. However, it does bring. up an interesting point for the project. He stated Liberty Plaza was just over three-acres and he reviewed the location. He said Mr. Sizemore would review the front elevation with three driveway openings. Mr. Sizemore said the first driveway cut referred to was almost centered on the Liberty Plaza property. He stated the way it was drawn in the site plan, at this time, that curb cut was being eliminated. He reviewed the. location of the other curb cuts and said the one closest to the appliance store was directly in front of the corner of the Liberty Plaza property. He said there was a Tullis Avenue, right-of- way that narrowed down to 20 feet and the City had a water main there. He stated the building was only a couple of feet from the right-of-way line. He reviewed the last curb .cut that accesses an open space behind the property: Mr. Drago pointed out on an aerial photograph that there was enough room at the driveway opening and get to the back of the buildings. He said the developer was ready to have a site plan approved and his preference was not, to allow access from his property to the other property. ' Commissioner -Bundy said when they discussed. the downfown land use designation the applicant had no problem with allowing this. Mr. Drago said one of the issues was the City right-of--way, and cross access was .normally private property to private property. He stated the issue was whether to continue the use. ~ Commissioner Bundy said he had no problem with granting an access or it could be vacated. Mr. Drago said with a water line through the right-of--way he would prefer the City maintain control. He said the reason for the cross access was to eliminate driveway openings. Commissioner Bundy said the two driveway cuts were close together and he thought the one was at the.right-of--way. Deputy Mayor Holt said the appliance store owner indicated if it was~closed, they would .have a problem. He stated the appliance owner had been told they could use the right-of--way. Commissioner Bundy said it was made clear at the time this could change in the future. He stated the one advantage they have was that there is the other driveway cut between the two buildings. Commissioner Sackett inquired what the distance was between the building and the right-of--way. L..J CC 02-OS-07f16 Mr. Drago said the building was on i:he right-of--way. He stated the issue was ~ whether the Commission would want to prohibit,them from getting to the right-of- way from County Road 427. The next issue was whether to tell them to utilize the driveway opening they currently have to access. both parts of their property or have the developer give them a cross access to their property knowing they will have to cross City property. Deputy Mayor Holt said he did not have a problem taking the curb cut out from the North side of their building and placing. a stipulation it can only be used as a. driveway turnaround. Commissioner Bundy suggested they accept the developer's offer to put in a cross cut. Mr. Drago said if the developer's offer is accepted, the second issue is to notify the appliance store owner, contractually they will not be allowed to use this for storage. If they don't agree, then it would be closed and there would only be one driveway cut. Commissioner Bundy suggested placing a time limit on the contract. He said the developer's offer was more than adequate. IVIr. Drago reported the current rules prohibit City employees from serving on any boards. He said the Pension Board was an exception to the rule because Florida ~ Statutes require employees to sit.. onl;he board. He recommended the Commission consider amending this rule for the P'ensio~i Board only to allow City employees to serve. He said the second issue for the Pension Board was that the two employees that serve on the board have the; notion the City was depriving them of benefits, hiding money, and other aa~usations they have made publicly. He said they have been very disrespectfiil.to 1VIs. Rogers. He stated they have discussed and compared benefits with other municipalities. He said they authorized actuarial studies to be done to determine the cost of benefits. He stated when the. benefit cost is 9% of payroll they want the City to pay half. He said the Pension Board was in the process of obtaining an attorney with the notion they are going to present to the City Commission Ordi.nances.to amend the Pension Plan. He stated they had the right to hire a Pension F~oard :Attorney. He said the purpose of the Pension Board, as far as residents are concerned, was the checks and balances so it does not get out ofhand. He advised they were holding a Special Meeting on February 13, 2007. He affirmed they have been told on multiple occasions the City Pension Plan was over fielded and. was the best fitnded plan in the State. It gives them as good of benefits, if not better, than the State Retirement System. He stated if they do not see COLA, health benefits, childcare benefits, or the City paying college tuition when they retire as Dart of the Pension program they feel they are second class citizens. He said he anticipates for this to get. heated,.. but he intends for them to follow the rules when it comes to impact statements and costs. He said his policy has been-very simple, they have freedom of choice, and they '~ were not forced to work here or to stay. He: stated he was confident they have an excellent Pension Plan. He said if they walit all of these benefits and the CC 02-OS-07/17 Commission was agreeable'to let them have it, he recommended they pay for it fully. Commissioner Bundy inquired if this Board was subject to the Sunshine Law. Mr. Drago said he could not say the Board members have talked among themselves, but his point was well taken. He stated, unless the Attorney told him differently, they still have to follow the City's purchasing rules relative to RFP''s. Deputy Mayor Holt inquired if they had a citizen to serve on the Board since one resigned. Mr. Drago advised this position was the fifth member who was appointed by the other four. Ms. Mirus advised the position was the fifth Trustee that the other board members appoint the Tilistee. The appointment then comes to the Commission for approval. 8. MAYOR A1VD COMMISSIONERS' REPORT. District #2. Absent. District #3. Deputy Mayor Holt thanked staff for their recent help, the professionalism they showed and going above and beyond the call of duty:. He said with the.recent disasters, the CERT Program will betaking off and'the ~~ coordinator will be sending out information to all who signed up. District #4. Commissioner Bundy said they all received a memorandum from the Florida League of Cities regarding the opening on the, East Central Florida Regional Planning Colmcil. He requested the Commission place his name in nomination for the position. District #5. Commissioner Sackett reported in driving through the City there seemed to be a gas pricing issue. He said the gas prices down State Road 434 were typically twelve: to fifteen cents higher than toward Casselberry or Lake Mary. He inquired if the City had ever ~onsidered'a one day only garbage pick up for certain residents that don't. generate that much garbage and reduce. their garbage rates. He said they were saving the garbage company time. Mr. Drago said the only way this would work would be in a confined area.. He stated Citywide this would create a scheduling problem. District #1. Mayor Maingot reported on January 19th there was an Envision Seminole Board Meeting and a Dedication Ceremony at Seminole College for the Professional Automotive Training Center. He attended a Joint County and School Board Work Session on January 23rd. He attended Ed Cundiff's funeral on January 27th and extended condolences on behalf of himself and Commissioner ~ Sackett. He attended a meeting on January 29th with Chairman Henley, County CC 02-OS-07/18 Manager, and. Mr. Drago where they discussed the Longwood Station, trails ' funding and other matters of mutual interest. He attended the Central Florida -~' Council of Mayors meeting on January 30th. He attended Senator Lee Constantine's. Town Hall meeting on January 31St at Longwood's Community Building. Discussion was held regarding the meeting with Chairman Henley.. 9. CONSENT AGENDA. A. Approve Minutes of the danuar3r 15, 2007 Regular Meeting. B. Finance. Division of the Financial Services Department recommends payment of approved and estimated bills for February 2007. Commissioner Bundy moved. to approve the Consent Agenda. Seconded by Deputy Mayor Holt and carried by a unanimous roll call vote with Commissioner Anderson absent. 10. PUBLIC HEARINGS. None. •11. REGULAR BUSINESS. A. City Administrator recom~~ends the City Commission read by title only, set. February 19, 2007 as a public hearing date, and approve the first reading of Ordinance 07-1821 amending Chapter 6, Section 6- . 3(a) of the City's Code of Ordinances establishing hours for the sale of alcoholic beverages. Ms. Roper read Ordinance No. 07~-1821 by title only. Deputy Mayor Ho:Lt moved to approve the first reading of Ordinance No. 07-1821 and set February 19, 2007 as a public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll call vote with Commissioner Anderson absent. B. The Community Development Division of 'the Community Services Department recommends. ithe Ciity Commission approve or deny a Lot Split (SD 01-07) at 502 North G~~ant Street.. Ms. Roper advised she reviewed this item and it would not be considered quasi judicial since it only affects the property owners. Mr. Sizemore reported this was. a .proposed Lot Split for 502 North Grant Street. The applicant proposes to take a medium density residential lot which is 48,75.0 square feet and split it into two, conforming lots. One lot. would be 18,356 square feet and t:he other would be 30,3:95 square feet. He reviewed an aerial photograph ilhastrating the approximate location ofthe new lot lines if approved. He advised the two lots would be greater than the minimtun allowable 70°ro average area of the surrounding CC 02-05-0'7/1.9 neighborhood based on the lot size analysis. He said the applicants were present. to answer ariy questions. Deputy Mayor Holt inquired if the 10-foot setback would be a problem. Mr. Sizemore said it should not be an issue since the minimum required setback from a property line. for a swimming pool was 7-feet. He stated they were well under the maximum ISR for the new lot that would be created with the house on the lot. Commissioner Bundy moved to approve. Seconded by Commissioner Sackett and carried by a unanimous roll call vote with Commissioner Anderson absent. C. The Community Development Division of the Community Services Department recommends the City Commission enter into an Interlocal Agreement with Seminole County and the cities of Altamonte Springs, Casselberry, Lake Mary, Oviedo, Sanford and Winter Springs., providing for intergovernmental cooperation for Total Maximum Daily Load (TMDL)-related activities. Ms. Stevenson said this was a result. from the Stormwater Technical Advisory Committee. The Interlocal Agreement for the. TIVIDL related activities includes cooperation with the County and other municipalities within the County with lake management, NPDS; educational outreach, and basin studies. Deputy Mayor Holt moved to enter into an Interlocal Agreement with Seminole County and the seven cities, providing for intergovernmental cooperation for TMDL. Seconded by Commissioner Sackett and carried by a unanimous roll call vote with. Commissioner Anderson absent. D. The Community Development Division of the Community Services Department recommends the City Commission review and discuss an Interlocal Agreement with Seminole County for acounty-wide mosquito control program and give staff the .direction deemed appropriate. Ms. Stevenson said this was another outcome of the Stormwater Technical Advisory Committee. She stated the item was presented in the agenda item with staff recommendations. Depu"ty Mayor Holt said these were the same concerns the Commission had., He stated there: would be a large number of staff and. equipment purchases and they were saying there was no cost. He said there would be issues. J CC 02-05-07/20 Mr. Drago recommended if there was concern of the Commission relative to the staff evaluations they instruct staff to write a letter to the County -,`4' that these concerns need to be addressed in thee. Interlocal Agreement and we would not entertain jointly goring. in with the Mosquito Control as presented. It was the consensus of the Commission for the City Administrator to send a letter expressing their major concerns. regarding the Interlocal Agreement. E. The Finance Division of the Financial Services Department recommends City Commission Bread by title only, set February 19, 2007 as a public hearing date and approve the first reading of Ordinance 07-1822 which amends the Fiscal. Year 06/07 Budget. Ms. Roper read Ordinance No. 07-1822 by title only. Deputy Mayor Holt :moved to approve the first reading of Ordinance No. 07-1822 and set February 19, 2007 as a public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll call ~~ote v~~ith Commissioner Anderson absent. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Maingot adjourned i:he meeting. at 8:56 p.m. John Cy~ngot,~ Mayor ATTEST: Sarah M. Mirus, CMC, City Clerk .~ CC 02~-OS-07/21 ~i This Page Left Blank Intentionally. JAI CC 02-OS-07/22