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CCMtg02-19-07MinILOI~GWOOD C'IT'Y' COlVIlVIISSIOI~T ,, } Longwood City Commission Chambers 1~ 175 West ~dVarren Avenue Longwood, Florida 1VIINgJT'ES FEBRUARY 19, 2007 7:00 P.:M. Present: Mayor John C. Maingot Deputy Mayor Mike Holt: Commissioner Dan Anderson Commissioner H:G. "Butch" Bundy, Jr. Commissioner Brian D. Sackett Teresa S. Roper, Acting (:ity Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Tom Jackson, Police Chic;f Richard I~ornbluh, Divisiion Manager of Utilities Michael Peters, Fire Lieutenant Paul Sizemore, Interim Director of Community Services Laurie Mooney, Fire Chief Carol Rogers, Director oi' Fina:ncial Services Ryan Spinella, Executive Assistant 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF .ALLEGIANCE. 3. COMMUNITY' ANNOUNCEMENTS. The following announcement was made: A. Senior Matinee will be held on February 21, 2007 from 11:00 a.m. until 1:.00 p.m., Longwood Community Buildang, 200 West Warren Avenue. 4. RECOGNITIONS. A. District #4 Nomination of the E~usiness Person of the 1Vlonth Award for March 2007. Commissioner Bundy nominated .Bruce Kubec, Owner of Baskets & Beyond, for the March 2007 Business Person of the Month Award. Nomination carried by a ur,~animous voice vote. ' ,~ CC 02-19-07/23 B. Presentation of the Employee of the Year Award. Deputy Mayor Holt, Commissioner Bundy,. Commissioner Sackett, and Commissioner Anderson. recognized the following employees and each were presented with the Employee of the Year Award from their respective. departments. City Hall Complex Felicia Green,. Building Assistant Fire Department Phyllis Williams, Lieutenant Police Department Officer Jesse Gelms Public Works Lincoln Bhagwandass Photographs were taken following the presentation of each award. The employee selected to receive the Annual Employee of the Year Award for the City of Longwood was:. Lincoln Bhagwandass Public Works C. Photographs were, then taken. Presentation of Service Pins to the City of Longwood Employees. Service pins were awarded to the following employees:- Five (5) years of service: Timothy Cooper Matthew Jammes Lester Leasure Javier Lopez-Bruno Joe Menza Sarah Mirus Trafton Patrick Elizabeth Powers Police Officer Police Officer Police Officer Public Works.Maintenance Specialist I Facilities Construction and Maintenance Specialist City Clerk Police Officer Firefighter Ten (10) years of service: Timothy Byfield Fire Engineer Daniel Caylor Police Officer Fifteen (15) years of service: Donald Castner Fire Marshall. Twenty (20) years of service: Max Chitites Fire Lieutenant Michael Clelland Fire'Battalion Chief Timothy Edsall Public Works Maintenance Specialist II Debra Renfro Public Works Maintenance ,Supervisor Bert "Wayne" Roberts Police Officer Thomas:.Smith Streets/Fleet Division Manager CC 02- 19-07/24 ~~ ` ~~ V1 ~~ 5. BOARD APPOINTMENTS. ~ A. District #1 Nomination to the Parks and Recreation Advisory B:oarct. Mayor Maingot nominated :David Putz, 280 West Warren Avenue, for appointment to the Parlcs and ]Zecreation Advisory Board. Nomination carried by a unanimous voice votf,. B. District #2 Nomination to the Parks and Recreation Advisory Board. Commissioner Anderson nominated Tammy Ulano, 224 West Magnolia Avenue,. for reappointment ~to the Parks and Recreation Advisory Board. Nomination carried by a unanimous voice vote. C. District #5 Nomination to the Parks and Recreation Advisory Board. Commissioner Sackett deferred tlae nomination, He inquired if there should be any special training with three new members coming onto the board. 6. PUBLIC INPUT. A. Public Participation. None. 7. CITY ADMINISTRATOR'S RE:POR7,. Mr. Drago reported on Apri121, 2007 from 8:00 a.m. to 4:00 p.m. the Police Explorers would like to have West Warren Avenue and. Wilma Avenue closed for the 5~` Annual Classic Car Show. H[e informed the Commission, without objection, this request would be granted. . Mr. Drago reported staff held a meeting in regards to the Haunted House a~~d went over the new fire and buildin€; codes. They came to the determination. the current tent would not suffice. He advised Ms. Meli was looking for a site that could accommodate the Haunted. House and other activities .for this year. He said he would keep the Commission apprised as the year goes on. 8. MAYOR AND COMMISSIONERS' F'.EPORT. District #3. Deputy Mayor Holt said the Commissioner's had received a letter from Chief Mooney, at his request, considering the Fire Engineer Classification. He stated he would like to have Mr. Peters, with the union, speak on this topic. Mayor Maingot said Mr: Peters would be welcome to address the Commission, but it would have to be under Public Participation. . Deputy Mayor Holt asked the Acting City Attorney if they should have a Shade Meeting in regards to the Oakwood Lawsuit: Ms. Roper advised there have been comr,ZUnications between Mr. Towers and Mr Roper. Mr. Roper has indicated he had n.ot seen any significant change. She said CC 0?-19-07/25 it was up to the Commission as to whether they wanted to vote on holding a Shade Meeting. Deputy Mayor Holt said Mr. Towers had brought forth some pictures, of what he wanted to ,propose. He asked if that.was what they were discussing. Mr. Drago said the City Commission had received all correspondence, from either Mr. Towers or his attorney. He stated they held an Executive Session the end of November and the Commission agreed to make an offer to Mr. Towers that was good until January 8, 2007. He reviewed previous correspondence received from Mr. Towers, and then reviewed a letter received today from Mr. Towers. He said Mr. Towers did not obligate the provided date. ~He affirmed the Commission could hold an Executive Session to discuss the latest proposal. Ms. Roper reiterated that in Mr. Roper's legal prospective, there had not been a substantial change in what was presented in the past. Deputy Mayor Holt said, from his opinion, the Plaintiff had met all the criteria. put forth at the Shade Meetings. He suggested they perhaps should hold a meeting to review all of the information. It was the consensus of the Commission not to hold a Shade Meeting. District #4. Commissioner Bundy reported Lyman-.High School's dance team was invited and participated in the pre-race ceremonies at the Daytona 500. __ _Commissioner Bundy said he would like to place Mike Peters on the agenda for a Presentation under Public Input so the Commission can have a-dialogue: Commissioner Bundy announced the Lyman High School Soccer Team was the District and Regional Champions. Mayor Maingot said he would like to recognize the Soccer Team by presenting them with certificates. District#5. Commissioner Sackett said he would like to see the sign ordinance adopted soon. He stated he has noticed a digital sign across from the hospital that is changing their message very quickly: Commissioner Sackettxeported he spoke to Senator Constantine regarding the Lyman/Longwood pool. Senator Constantine advised him they needed a House sponsor to the Community Budget Issue Request (CBIR) Plan. Representative Mealor has agreed to sponsor the Plan. He said he also spoke to Chairman. Henley of the Seminole County Commission regarding the Lake Mary Plan: Chairman Henley also has agreed to present our Plan to the County Commission when we provide a schematic of the layout. He stated if we can work on the corporate sponsorships it would look better on the Statc level. CC 02-19-07/26' Commissioner Bundy advised he had three tentative commitments from the corporate. community. District #1. Mayor Nlaingot reported he attended the CALNO meeting on February 7th, and on February 8th he; attended the 1Vlayor and Managers meeting. Discussion was held regarding warning s;~sterris. Mayor Maingot reported he attended an Economic Review Forum sponsored by the .Seminole County Chamber of Commc,rce on February 15th in Longwood. He also attended the Seminole County :Prayer Breakfast on February 16th, and he attended a State of the County luncheon on the same day. District #2. No report. 9. CONSEN'T' AGENDA. A. Approve Minutes of the February 5, 2007 Regular Meeting. B. Finance Division of the Financial Services Department. recommends payment of approved and estimated bills for March 2007. C. Finance Division of the Financial Services Department recommends approval of the .Monthly Financial Report for January 2007. ~ D. The Community Development Division of the Community Services Department recommends the City Commission approve a change order in the. amount of $3!),030.47 to A&M Si. Construction for the. Harbour Tsle Way Drainage Improvements Project. E. The Community Development ]Division of the Community Services Department recommends the City Commission approve a Purchase Order in the amount of $32,571.00 to Standby Systems Inc. to purchase. an emergency gc~neraitor for the Highland Hills Drainage Improvements Project and authorize the City Administrator~to sign the appropriate documents. Deputy Mayor Holt moved to approve the Consent Agenda, as presented,, Items A, B, C, and E. Seconded by Commissioner Bundy. Discussion was held regarding It~,m 9 E. Motion carried by a. unanimous roll call vote. Mr. Drago read a, memorandum from Mr. Sizemore in regards to Item 9 D advising an error had been disco~~ered in the A&M Si Construction . . invoices used to calculate the ch<<nge order request. for the Harbour. Isle Way Drainage Improvements Project. The contractor failed to invoice the CC 02-19-07/27 City for approximately $25,63'5.20 as they completed additional work to repair the sink hole and reconstruct the roadway. This work was j completed and verified by the City Engineer, but the full invoice amount ~J was not provided to the City to be included in the change order request. The new change order total to finalize improvements is $64.,665.6.7. He requested the Commission to approve Consent Agenda Item 9 D with the dollar amount of $64,665:67. Commissioner Anderson moved to approve Item 9 D with the change in the dollar figure to $64,665.67: Seconded by Deputy Mayor Holt. Discussion was held regarding the project of Item 9 D. Mr. Drago said he could withhold 10%. He said he would have the City Engineer review the area. Commissioner Bundy moved to amend the motion to withhold 10%. Seconded by Deputy Mayor Holt. Commissioner Bundy inquired. if the corrections could be made with 10%. Mr, Drago said if the contractor did not make the corrections, he would use the 10% to fix the problems. Commissioner Anderson said the work was being done to correct stormwater drainage and there were still drainage problems. Mr. Drago suggested going-back and approving the $39,000 amount, and allow him to keep the $25,635 to go back over and make any necessary corrections. Comrnissiorier Bundy withdrew the motion to amend. Commissioner Anderson questioned if they would be out of line in withholding payment based on the contract, or if they should pay the original amount and the balance upon satisfactory completion of the job. Ms. Roper said she had not reviewed the, contract. She stated there would be a legal. argument for withholding the balance over and above the $39,000. Her concern would be a breach of.contract. Deputy Mayor Holt said completion of the job was one thing and the quality was another. Regardless of the contract, the job needed to be done correctly. He affirmed the catch phrase was "change order". He stated a change order would be above and beyond what the contract reads. J CC 02-19-07/28 Mr. Drago said the contractor had to relocate a waterline and that was a large portion of the change order. He stated another large portion was a ~ sink hole. Commissioner Bundy said he would rather see this issue tabled to the next meeting since the change order was not complete. Commissioner Sackett inquired from the Acting City Attorney if it would be proper for him to vote on this issue since he owned a house in the subdivision. Ms. Roper advised if he felt his vote would cause concern, he .should not. vote. Commissioner Bundy moved to table to the next City Connnission meeting so the information requested can, be provided. and the Attorney has an oppgrtunii:y to review. Seconded by Commissioner Anderson and carried by a four/zero roll vote with Commissioner Sackett abstaining. 10. PUBLIC ~IEARINGS. A. The Community Development Division of the Community Services Department recommends Lhe City Commission hear an appeal of the ~ Board of Adjustment (BOA) decision to deny a variance request ~ (VAR 01-07) to increase the ma~cimum allowable impervious surface ratio at 155 Landover Place. Mayor Maingot announced 1:his w;~s a quasi judicial hearing and reviewed the procedure. Ms. Roper conducted the swearint;-in of witnesses. She announced having publication for this and other public hearings on the agenda. Mr. Sizemore reviewed the facility in question for this variance request. He said it was the more intensive c>are area associated with the Chambrel project. He explained at onetime i:he entire project was designed together as a master stormwater management plan and was interconnected. At some point, one property was separated under different ownership. He reviewed the lot lines. He advised the impervious surface ratio of this property was currently at 81'%, which is nonconforming according to the Longwood Development Code. The maximum impervious surface ratio for General Commercial should be: 75%, according to the Code. He said the applicant has had a.number of problems with parking over the past few years. In an attempt to resolve some of those issues, the facility has submitted this request to add twelve new parking spaces. Concurrent with the variance request to raise the irr-perviouS surface ratio to ~85% for the.. ~ addition of these new parking spaces, the applicant submitted a site development plan revision application to the Community Services CC 02~-19-0 x'/29 Department. The City Engineer has reviewed the plan and understands the dynamics of the site and how it ties into the master stormwater plan for the 1 property as a whole. He had no objections to the addition of the ~J impervious surface. Mr. Sizemore reported at the Board of Adjustment hearing on January 24, 2007,_ they voted to deny the variance request. They determined the addition of these twelve spaces would not completely alleviate the problem and they were not in favor of adding impervious. area to a site that was already over the ratio. They recommended the applicant try to explore other means of providing parking for their staff. He advised the applicant has appealed the request, according to the requirements of the. Longwood Development Code, and is in attendance to present their request for a variance Commissioner Bundy inquired if the City had an agreement on file regarding sharing the interconnection of the stormwater system. Mr. Sizemore said he has not ,seen a document, but it was possible such a document exists and is on record with the Clerk of Court. John Herbert, P.E., 207 North Moss Road, Suite 211,. Winter Springs, said - he was here with others from OPIS Management Resources, LLC, who operate the Island Lake Center. He affirmed the additional parking was for a net of eight additional spaces, as they would be losing four spaces to create the twelve. He said this was under the St. Johns Water ~ ` Management's permit threshold. Commissioner Bundy inquired if the possibility of using grass parking had been considered. Mr. Herbert said this had not been discussed or considered. He stated this would be a daily parking situation. He reviewed the area for the proposed parking. Commissioner Anderson said he would like to know if the drainage was still functioning together, and if so, how is that recorded. David Jones, Administrator of Island Lake Center, 5602 Ansley Way, Mt. Dora, said each year the parking situation has gotten worse: He reviewed . photographs to show the extent of the parking problem. He explained the minimum staffmg for Certified Nursing Assistants was set by the State. He reviewed the staffing requirements and how staffing levels have increased. He explained a lot of these increases were because of the increased acuity level of patients seen in skilled nursing facilities. They also have a contract with Hospice, and private duty .sitters: He stated they could Have 77 regular and contract employees during the week and they only have 70 CC 02-19-07/30 parking spaces. This does not ineaude the visitors. He affirmed the parking. approved in 1989 no longer met the needs. l~ Commissioner. Bundy inquired how many patients they have today and in 1.989. Mr. Jones advised they were licensed for 120 beds and this had not changed. They have a current occupancy of 118. Commissioner Bundy inquired if they had a document on file that allowed them to continue to use the ~stormwater system in Chambrel. He said he would like to see documentation that Chambrel was aware of this site plan and they were in agreement. He stated they did not have the authority to allow them to divert stormv~rater from their property to another property without an agreement. Mr. Jones said he was not privy to the negotiations between the property owners when the. sale took place in 2003. He stated he would need to research this -matter. Commissioner Anderson said the key was to demonstrate they have the right to the drainage. Mr. Herbert said they, could calcuaate the run off and design a retention area or a Swale to handle this issue. He stated the Water Management District would treat this as a. pre-development condition. Commissioner Anderson sand he'was inclined to approve this as it is a pre- existing use. One of the key factors was the State mandating additional staffing. He stated he could trust the Engineer regarding rights to the pre- existing plan. He said if there were concerns that could not be satisfied, it could be engineered to keep any additional run off on property and this could be settled by staff. Commissioner Bundy said he was not sure they have the authority to approve this. He said the impervious surface ratio. was set for a reason and it was already in excess. Commissioner Sackett said the additional parking spaces were a temporary band-aid fix. • Deputy Mayor Holt inquired if when changing ownership,, this would fall into a different category. Mr. Sizemore said it sounds like this property was originally a separate piece of property. However, it was developed as a single. complex and leased together. He said if a lot spaia had occurred in this case, the City CC 02-19-0'7/3'1 would have had the option to make the determination whether to allow these nonconformities to take place. Deputy Mayor Holt inquired if they would fall under the City's Codes at this point. Mr. Sizemore said he would defer to the Acting City Attorney in a situationlike this, and whether it would be considered a legally existing nonconforming site. Ms. Roper said she would need. to look into the matter. She advised the Commission could table, based upon their concerns, and provide a list of what they want the applicant to look into. Mayor Maingot said he was prepared to make. a motion to table the item and requested Commissioner Bundy to state the concerns to be addressed. Commissioner Bundy stated the concerns were to provide a.Master Agreement showing the continued use. of the facility, something in writing from the legal entity that owns the property stating they have permission to dump the additional stormwater, and in absence of that, re-engineered drawings and approval from the City Engineer for an onsite basin or swale, some type of investigation or a reason why they do not want to use grass parking, and provide a copy of all agreements on the co-use of facilities. Mr. Herbert inquired if they did not. increase the impervious surface ratio above 81% would they not need to reappear before the Commission and it would then become a .staff issue. Mayor Maingot said they would satisfy status quo and staff would need to be very much involved. Mr. Drago said they would need to know if the current retention pond was common to both sites. Mayor Maingot asked the Acting City Attorney how they should deal with o the motion to table and at the same time there being no guarantee that what they were saying could in actual fact be met. Ms. Roper advised the Commission could make a motion to table the item for further discussion at a future meeting. She said if there was no discussion held at the specified meeting, or the applicant did not show up, it would automatically be denied: Commissioner Bundy said if they came to other arrangements, they could simply withdraw the appeal. -- CC 02-T9-07/3'2 Mayor Maingot moved to table Item 10 A until the March 19th meeting. Seconded by Commissioner Anderson.. Ms. Roper advised she thought the Mayor was trying to say if they fiilfill everything before then, staff will notify the Commission. If they do not fulfill everything, then when nzeei:ing on March 19th the variance can be denied. Commissioner Bundy said they o~~ly needed a motion to table to March 19th. He stated ifthey satisfi~ the requirements, they won't need to show up and can withdraw. , Motion carried by a unanimous roll call vote. B. City Administrator recommends the City Commission read by title only and adopt Ordinance 07-1321 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. Mayor Maingot 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 Bundy and'. carried by a unanimous voice vote. Commissioner Anderson rnoved to adopt Ordinance 07-1821. Seconded by Commissioner Sackett and carried by a four/one roll call vote with Deputy Ma~ror Holt voting nay. C. The Finance Division of the Financial Services Department recommends City Commission Bread by title.. only and adopt ®rdinance 07-1822 which amends the Fisc~il Year 06/07 Budget. Ms. Roper read Ordinance T~To. 07-1822 by title only. Mayor Maingot opened the public; hearing. No one spoke in favor`or in opposition to the Ordinance. Commissioner Bundy moved to close the publio hearing. Seconded by Deputy Mayor Holt. and carried by a unanimous voice vote. Deputy Mayor Holt moved to adopt Ordinance No. 07-1822, as presented, Item 10 C. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. . CC 02-19-07/33 11. REGULAR BUSINESS. A. City Administrator recommends the City Commission discuss l Resolution 07-1161 supporting the Seminole County Public School `'J District's initiative to update school impact fees and if the Commission deems it appropriate to support Resolution 07-1161 then read by title only and adopt Resolution 07-1161. Mayor Maingot said this was a very sensitive issue. He stated-if there was no consensus to move. forward in a positive manner then they would not have negative voting. Commissioner Bundy advised he was not in favor of this Resolution. Commissioner Sackett. inquired how Longwood would have an impact,. as the City did not have room for development. Commissioner Anderson said they were trying to establish the connection between new residential units generates students and the need for new schools. He stated in the discussions he heard in the past, raising the impact fees would not accomplish the goal for which they were raised. Deputy Mayor Holt said he was not in favor of the Resolution. There was not a consensus of support for Resolution No. 07-1161. Commissioner Bundy moved to extend. Seconded by Deputy Mayor Holt and carried by a unanimous voice vote. B. City Administrator recommends the City Commission read by title only, set March 5, .2007 as a public hearing date, and approve the first reading of Ordinance No. 07-1823 amending the Fiscal Year 2006/07 budget. Ms. Roper read Ordinance No. 07-1.823 by title only. Commissioner Bundy moved to approve Item 11 B and set March 5, 2007 as a public hearing date. Seconded .by Commissioner Anderson and carried by a unanimous roll call vote. C. Ronald and Elaine McElmurry request the City Commission approve a steel door on a_ supporting structure located in the Historic District 'at 228 West Warren Avenue by waiving the architectural regulations required by the City's Historic District Codebook. Ronald NlcElmurry, 751 Sandpiper Circle, said in trying to keep the property looking good within the City: He said the steel door would not - take anything away from the property;; it would only add. He said the sun hits that side of the building and this door has the insulation needed and CC 02-19-07/34 the looks would add to the beauty of the property. He declared approval would be to the good of all concerned. Deputy Mayor Holt inquired where on the property the door would be installed. Mr. McElmurry advised it was the main entrance door, facing east. Deputy Mayor Holt inquired if the entire unit would be replaced. Mr. McElmurry responded in the ,affirmative. Mayor Maingot moved to approve Item 11 C, as; presented. Seconded by Deputy Mayer Holt and carried by a four/one roll call vote with Commissioner F'hindy voting nay. D. Finance Division of the Financi~rl Services Department recommends the City Commission read by title only and adopt Resolution No. 07- 1162 approving lease purchase ianancing for two pumpers and two rescue vehicles with. SunTrust Leasing Corporation, and authorizing the Mayor to sign all lease documents. Ms, Roper read Resolution No. Oi'-1.162 by title only. Commissioner Sackett moved to adopt Resolution 07-1162, as presented, Regular Ii:em 11. D. Seconded by Mayor Maingot and carried by a unanimous roll call vote.. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. Ms.:Mirus said mention was made earlier regarding the change inboard members. She. stated there has also been a change in staff. She affirmed she would like the opporhuuty to bring back Mr. Hamilton to do a presentation on Public Records and the Sunshine Law. 14. ADJOURN.. Mayor Maingot adjoLCrned the meeting at 0:17 p.m. __ 1/1? C ' Joh: argot, Mayor ATTEST.: ~ ~~ ~ . Sarah M.'Mirus, CMC City Clerk CC 02- T 9-0'1/3 5 Jl This Page Left Blank Intentionally. J~