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CCMtg03-19-07MinL,Ol~TG~VOOD CJ[T~' COl~IMIS~IOI~ ~ Longwood City Commission Chamlbers - ~ 175 West V'Varren Avenue Longwood, ~~'lorida 1VIIlvUT]ES 1l~IARCH 19, 2007 7:00 P.11~I. :Present: Mayor John C. Maingot Deputy Mayor Mike Holt Commissioner H.G. "Butc:h" Bundy, Jr: Commissioner Brian D. Sackett Commissioner Dan Anderson Teresa S. Roper, Acting City Ataorney John J. Drago, City Administrator . Sarah M. Mirus, City Clerk Tom Smith, Division Manager'~treets/Fleets Richard Kornbluh, Divisii~n Manager of Utilities Carol. Rogers, Director of Financial Services Paul Sizemore, Interim Directorr of Community Services Ryan Spinella, Executive Assistant ~ Tom Jackson, Police Chief ~ Laurie Mooney, Fire Chief 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:03 p.m. 2. A moment of SILENT MEDIT,ATI01>T was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANN®UNCEMF;NTS. The following announcements were made: A. Senior Matinee will be held on 1Vlarch 21, 2007 from 11:00 a.m. until 1.:00 p.m., Longwood Community Building, 200 dVest Warren Avenue. B. Annual Easter Egg Hunt, Saturday, March 31, 2007, 9:00 a.m., Candyland Park, 599 Longdale Avenue. 4. RECOGNITIONS. A. Recognizing the Lyman High School Varsity Soccer Team for their recent accomplishments. Mayor Maingot said•they were honoring the young men of the Lyman High School Varsity Soccer Team for their recent accomplishments. Each ~-' ~ member of the team was presented a Certificate of Recognition and CC 0:3-19-07/49 introduced individually. The coaches were also acknowledged. Photographs were then taken. B. District #5 Nomination of the Business Person of the Month Award for April 2007. Commissioner Sackett said he did not have a nomination at this time. He suggested nominating a Business Person quarterly. Commissioner Anderson said it takes time to find people in businesses that might get overlooked. 5. BOARD APPOINTMENTS. None.• 6. PUBLIC INPUT. A. Presentation. McDirmit, Davis & Co., LLC will present the annual audit for the fiscal year ended September 30, 2006. Elden McDirmit; CPA., representing the firm of McDirmit, Davis & Co., LLC, said they have completed the City's audit for .September 30, 2006. He stated they have issued anon-qualified opinion on the Financial Statements which is the best opinion they can give. He reviewed the Financial. Statement and reported the City's total.assets and liabilities have steadily increased and have been very consistent. The total net assets have grown to $52.2' million. He reviewed the Statement. of Revenues. and Expenses and said the General Fund showed total revenue of approximately $13.7 million for the-year. He explained the expenses were up a little more this year, but the expenditures were under what was budgeted. He said the revenues and expenses for the Utility Funds have been fairly consistent from year to year and showed a surplus. He . reviewed the report on Internal Control and Compliance and said there were no material weaknesses or any areas of non-compliance. He said the management letter to the State was very positive and revealed no .areas that were out of compliance. He said they were required to calculate eighteen financial indicators and report they have done these calculations. He stated. there were three; calculations that came back as unfavorable and he was not too concerned with them. These were ratios that were as cash or investments and ratio either to debt or expenses. I-Ie said the City has Tittle debt and has funded all the capital projects and infrastructure. He stated it further indicates the City has funded all of the special assessment capital projects. There is approximately $1.7 million in outstanding receivables for special assessments. He advised this was saying the City of Longwood was spending cash for those capital projects versus their peers who are borrowing money to fund capital projects. He reported the City was very positive when looking at the debt ratios. He advised the City was very strong as far as their financial health' ~~ i CC 03-19-07/50 . >B. Public Participation. _ ~°' John Pagano, 109 Slade Drive; said he was not going away. He stated this has been going on for two years now and he would be at every Commission meeting: He said he has requested from the City for the past two months a simple answer to questions on Codes Enforcement. He asked two weeks ago for the; Commission to please look into these matters for him and he received no response. He promised he would continue to pick away slowly. He declared he was a citizen and requested things from Codes Enforcement and brought ii; to the Commission's attention with no help. He reiterated he was not goi~~g away. Mayor Maingot said he had researched the correspondence that had been sent. to Mr. Pagano and the number of times he had refused to receive correspondence. Mr. Pagano said they were talking; about something completely new that was brought to their attention two months ago. Mayor Maingot said 'the matter would be looked into and he would convey the information to him. Commissioner Anderson requested to have it verified that the certified mail was not accepted after attempting to be delivered three times. He said ~ the request was that informz~tion be conveyed back to him. He stated. it was his understanding that there were answers sent to him by certified. letter. He wants to make sure they fulfill their obligations. He said this was being pursued out of harassment a.nd out of spite,, not for the betterment ofthe • City. . 7. C>CTY ADMIMSTRATOR'S REPORT'. ,. Mr. Drago reported he•~had placed a. memo in the Commissioner's mailboxes. relative to another issue at the Community Building. He advised they did meet with this person. He said a high percentage of rentals were City residents that rent the building for out of town people. He stated this. matter was that type of rental and the City resident was not present when they were asking for their deposit to be returned. He reported their request wa~~ not obligated. Commissioner Bundy said when this was set up for the residents to have a lesser rental fee they knew they would run into some situations like this. He stated the resident was responsible since their name was on the contract. He said this needed to be made clear to the resident renting th.e building. Mr. Drago said we often know they are renting the building for someone else, but the resident places their name on th.e contract and rents the building as a City ~ resident. He stated if knowing it is being rented for someone out of town and we CC O~i-19-07/51. know this, the Commission may want to think about requiring the out of town rate. Deputy Mayor Holt suggested the contract be reviewed by the Acting City Attorney,. and if there is a loop hole add language so they must pay the non- resident fee. Mayor Maingot said if the true user of the facility was not the resident, then automatically they should be billed for the non-resident rate. , Mr. Drago said if the Commission was agreeable, he would request the Ordinance be amended. He affirmed the contract was straight forward that damages would be,paid for.~The issue is how you collect. Commissioner Sackett said most people would find someone from Longwood to rent the building. He said it was going to be tricky. He affirmed the key was with the cleanup fees and locking them in to pay back for damages. Commissioner Anderson said whoever signs the contract was responsible and they needed to make sure that works and focus on that area. Commissioner Bundy said they may need to put in wording that says it is a violation of the Ordinance to rent the building for someone who is not a resident. ~8. MAYOR AND COMMISSIONERS' REPORT. District #5. Commissioner Sackett thanked everyone for the cards and nice thoughts during his wife's surgery. He reported he received an irate a-mail. regarding the train going through at night with multiple whistles. He inquired if there was someway to inform the public the facilities were moving south. Mr. Drago said this was still in discussion between the .State and the Counties relative to station location. He .stated he did not want to put out false information with pending issues to be worked out. He said they could put out some generic information that CSX would not be going away, but would be reduced. Commissioner Sackett reported he.met with officials again concerning the Lyman Pool. They were advising to meet with the. Governor regarding the funding. He said he made contact with the Governor three days ago and told him this would be a community pool with a surrounding area use serving from birth to 80 year olds. Commissioner Sackett expressed a thank you from the Principal of Woodlands Elementary fora $2,000 reading grant from the Police Confiscation Fund._He said he would like the Commission to start discussing the ceremony for September 1 l~'. District. #1. Mayor Maingot reported he and the City Administrator met with j Mike Sampfler, Consultant with MGT of America, on Tuesday, March 6~'. He is J currently developing a strategic plan for Seminole County and had requested their CC 03-19-07/52 input for major needs for our area, and how the County could work better with the ~ City. He reported he attended the Commuter Rail presentation in Winter Park on _ Sunday, March 11th. On March 13~` attended the formal opening of the Longwood Shepherd's Hope Healthcare Center. He reported the Tri-County League of Cities meeting was held on Thursday, March 15~' at the Farmer's Market in Winter Park. A Legislative update was provided at this meeting as well as discussion regarding. affordable housing. He attended the Envision Seminole Board meeting on Friday, March 16th where there was a presentatio~i on the benefits of countywide Wi-Fi. Distract #2.' Commissioner Anderson said the City Commission needed to better communicate with the residents regarding; ongoing projects. He suggested information be placed in The Lampdighter• regarding these types of projects. He said he would like to have a tree bank placed on a future agenda for discussion: He stated they could go through the City and pick areas to replenish trees. He said another issue he would like to place: on an agenda for discussion is a Farmer's Market. Commissioner Anderson said the County gave an update at CALNO on their transportation. projects. He stated they were looking forward to widening State Road 434 between the freeway and Rang,line Road., Initially this was a.State project, but the County has decided, with the widening. of Lake Emma Road, there will be too many car trips on Lake ]?mma Road and State Road 434 needs to be widened to accommodate this. He asked where these car trips would be traveling from Lake Emma Road that they would need State Road 434 widened. The answer was Rangeline Road. He stated DOT did not have the funds to do the work on State Road 434, but the Cc-unty leas decided it is such a high priority that they need to do this with their own funds. He asked why the City of Longwood had not been contacted to discuss how this would .impact the City and received no answer. He said. the State had dropped funding for the interchange from Montgomery Road to I-4 and this project will not be touched for another 8-l 0 years. He stated the only reason traffic backs up is because Rangeline is not equipped to handle the traffic so nothing would be achieved. He reported he was also made aware that. part of the design for the widening of State Road 434 would require condemnation of property for nev~.~ retention areas. He said the question was if there ever any discussion wi1:h the City regarding condemning real estate. on the frontage of our business corridor. He declared they had a real challenge on their hands and this needed to be discuss€:d with the County Commission. • District #3. Deputy Mayor Holt. said he has heard a lot of positives about Wi-Fi and he would like to hear the eons. He stated he was a little dismayed about some of the projects going on in the City., H:e.sad he was sure these have met every planning stage, but he wonders where the memo is informing the Commission. He stated it would be nice if the Comrr-issior~. was informed regarding large projects . and given updates during the process so they can answer questions. District #4. No report. CC 03-19-07/53 9. CONSENT AGENDA. A. Approve Minutes of the March 5, 2007 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for April 2007. .C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for February 2007. D. Finance Division of the Financial Services Department recommends the City Commission accept the annual audit for the fiscal year ended September 30, 2006 as presented by McDirmit, Davis & Co., LLC. E. ~ The Community Development Division of the Community Services Department recommends the City Commission approve,a change order in the amount of $6b,459.70 to A 8i M Si Construction for~the Harbour Isle Way Drainage Improvements Project. F. City Administrator recommends the City Commission approve the sale of property located at 650 South Highway 17/92 from the Courtesy Auto Group Inc, to Performance Automotive Management, LLC: Commissioner Anderson moved to approve the Consent Agenda as submitted with the exclusion of Item 9 E. Seconded by Commissioner Bundy. Discussion was held regarding Item 9 F Motion carried by a unanimous roll call vote. Commissioner Anderson moved to approve Item 9 E. Seconded by Commissioner Bundy and car-ried by a four/zero roll call vote with Commissioner Sackett abstaining. 10. PUBLIC HEARINGS. None. 1 L REGULAR BUSINESS. A. The City Clerk recommends the City Commission, in accordance with. City Charter Section 10.01 (c), appoint ~ a Charter Advisory Committee for the purpose of reviewing the Charter for a maximum period of one. year with the term of the .committee to commence on June 1, 2007 and end on May 31, 2,008: Mr. Drago advised the City Clerk would be placing this on an agenda as board appointments for each Commissioner to appoint a representative to serve on the, Charter Advisory Committee. J~ ~1 CC 03-19-07/54 l B. Kenneth and Shirley Eads~ request the City Commission approve steel doors on a detached supporting structure located to the. rear of a _ contributing structure in the Historic District at 242 West Bay Avenue by waiving the architectural regulations required by the City's Historic District Codeboolc. Mr. Sizemore said the subject property was 242 West Bay Avenue. The pri-mary structure on this property is a contributing structure in the Historic District. He stated there way, a supporting structure to the rear that was constructed at a later date and is not on the National Register of Historic Places. In 2006, there was some replacement of siding as well as the replacement of doors on the supporting structure. The applicant came to the Community Services Department seeking after the fact permits for this work. He said they were~able to approve the permits for siding .and take those through the inspection. procf;ss. However, the Historic District Code Book does not allow steel doors, even though it, is a supporting structure. The applicant requested an item be placed on the Commission Agenda. for them to request a waiver accordin;~ to Longwood Development Code, Section 10.3.2,. to allow them to keep the steel doors and go through the permitting and inspection process. Shirley Eads, 242 West Bay Avenue, said while she was visiting her . daughter in Washington last June her son decided to replace the siding. on this structure and installed the stef;l doors. She stated the doors could not be returned. ':She said they were hurricane proof,. double paned doors that match the doors on the other building. She distributed pictures of the doors and said they have been there almost a year. Commissioner Bundy moved to waive the requirement to allow the steel door. Seconded. by Commissioner Sackett. Commissioner Bundy said he would like staff to bring forward an ;~ amendment to the Code for supporting structures or non-contributing structures. Deputy Mayor Holt agreed ewe need to relax the Code to allow steel doors. Commissioner Anderson said in this case, it was nearly: a year old and could not be easily changed. He si:ated his concern was they stay with the Codes developed to support the district. He said he was opened to discussing at a future meeting hour they can reconcile these different. areas, but also understanding there: are some situations that are not so easy. Commissioner Sackett said they looked. like they belonged there. Motion carried by a unanimous roll call~vote. CC 03-19-0'7/55 C. The Recreation Division of the Community Services Department _ recommends the City Commission read- by title only and adopt Resolution No. 07-1163 to enter into a .2007 Urban and Community _ Forestry Grant Memorandum of Agreement. with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. Ms. Roper read Resolution No. 07-1163 by title only. Commissioner Bundy moved to approve Resolution No. 07-1163. Seconded by Commissioner Sackett. Mr. Sizemore said, as apre-requisite, to be able. to apply for this grant. to assist the City in the tree inventory, it ~is a requirement to have this Resolution. If the City receives the grant funds, they can then pursue hiring a contractor to do the tree inventory and evaluate the condition of all the trees. He said this would be input in a GIS based. system so they can be displayed on our maps. He said if we receive the 50% matching, then FEMA would cover half the cost. He stated there was a possibility they may tie this into some of the existing tree grants the City already has and the City's share could be less. Commissioner Anderson said if thisis done in a format so we-have an accessible inventory to know the ages of trees from a planning perspective. He.inquired if the GIS layer would be data the City would ~ have access to. Mr. Sizemore responded in the affirmative. Deputy Mayor Holt saidthis would be good documentation and he could see the benefits of this information. Commissioner Sackett inquired if they did not achieve the grant, would the City still do this. Mr. Sizemore said to be able to receive additional forestry grants in the future, and FEMA was looking for documentation that demonstrates a comprehensive tree inventory, then it may be necessary. He advised this was approving the memorandum of agreement to apply for the grant. It is not an approval of expenditure of funds. Motion carried by a unanimous roll call vote. D. The City Clerk requests the City Commission review~the City Clerk's accomplishments as it relates to her goal-oriented appraisal. Ms. 1VTirus said in accordance with her contract, it calls for the ~ Commission to conduct an annual goal oriented appraisal of her CC 03-19-07./56 performance for the last year. In t;he board item she listed some of her ~ major accomplishments over the past year. Commissioner Bundy moved to approve the Clerk's request for a salary increase to $60,000. Seconded by Deputy Mayor Holt. Commissioner Sackett said Ms. Mires was doing a good job, but this was a 20% increase and that concerns him. He said he was looking forward to hearing a motion of $55,000. He said her responsibilities have grown in the position, but he has reservations about a 20% pay increase. Mayor Maingot said he agreed with what has been stated about her accomplishments. He stated he was also looking at the realistic side of things in terms of the progression in the increase of salary. He said the prior City Clerk retired after. 13 years of being the City Clerk with a salary of $53,645. Ile reviewed Ms. Min:~s' salary increases for the past four years. He advi ed he conducted some. research and reviewed the years of service and the minimum grid ma~:imum salary ranges for the position of City Clerk in each city within Seminole County. He said the average minimum acid maximum runs frorn $48,276 to $T5,348. He decided to do this research to see what would be fair and equitable. He said he came.up with a 7.2% increase moving lrer i-om $50,000 to $53,600. Commissioner Bundy said they made a commitment to the. Administrator for the Department Heads to be at least the average of what the others were being paid. He stated they should not treat our City Clerk any different from the Department Heads. Mayor Maingot asked Ms. lvlirus what was in the budget for her salary increase. ~- Ms. Mires said she would have to look since it was done by Personnel. She stated funds were transferred to cover her pay increase last year.. Mayor Maingot inquired wYiere the funds could-be transferred from within the Clerk's budget. Ms. Mires said she would need to check where funds were available. Deputy Mayor Holt said they also needed to look at what a new City Clerk would come in at. He said they only had two bids for the City Attorney and had. to send it back out. He stated-the City has a great group of employees today. He 'said they needed to look at the qualifications and dedication of those who do the job. He declared the request was not out of line. fib.. Commissioner Anderson said if just looking at numbers and progression, going to $60,000 does not make sense. He stated he continues to see CC 03-19-0'7/57 someone with a desire to do better year after year. He said he would be comfortable with the $55,000. At the same time; when it is time to replace the City Clerk the dollar value will be more than $55,000. He. affirmed in _ orderto retain someone you have to take care of them. He said this was a number that would not continue to jump by 20%. He stated when looking at all employees, they average 3% to 4%. He said if they do approve this at $60,000; they will have a lot of pressure in the future from other personnel. He declared it would be fair and if balancing everything out he would say $55;000. Commissioner Bundy said he was insulted to offer $60,000 because this was not the average of what other Clerks in Seminole County were being paid. Commissioner Sackett reiterated the'$55,000, which is a 10% raise, showed significant support. He said he admired. her educating herself to improve in the stature of the job and her credentials were very good. He said long range he sees her going to $60,000 or $70,000.. Mr. Drago said whatever number the Commission decides on, he will check the budget and if it requires a budget amendment he will bring it forward at the next Commission meeting. Motion .carried by a three/two roll call vote with Mayor Maingot l and Commissioner Sackett voting nay. ~ 12. CITY ATTORNEY'S REPORT. Ms. Roper said Special Counsel, Donovan Roper, asked her to bring up a situation in which he has been contacted by Mr. Towers regarding possibly having Mr. Randy Morris as a moderator in a mediation type situation. She discussed this with Mr. Roper and although he is not opposed to suggesting mediation regarding the Towers matter, he is not sure. Mr. Morris would be the correct person to act as a mediator. She said it was inquired upon as to Mr. Morris'. experience and credentials and Mr. Towers was not sure if he was an attorney. She advised, under the State Laws, there are certain criteria a mediator must go through before being certified. This protects the confidentiality and privileged rights you might have. Commissioner Sackett said he did speak to Mr. Morris. He said Mr: Morris informed him that he has mutual interests with Mr. Towers in other properties. Commissioner Anderson said. if Mr. Morris does have a business relationship with Mr. Towers, then that was off limits. He stated he did not know why they would be mediating. They are asking him to just meet the Code. He said there has been several settlement offers made that were turned down. Deputy Mayor Holt said he put his faith in the judicial system to handle this. CC 03-19-07/58 Mayor Maingot said their last settlement.offer had expired. He stated he would not entertain any form of mediation. Commissioner Bundy said it was his undf;rstanding that prior to going to court the judge would order sitting down withh a mediator. Ms. Roper said that was correct, it would probably be a court ordered mediator. She said she would instruct Counsel as to their decision so he can properly answer Mr: Towers. 13. CITY CLERK' S REPORT. A. Government in the Sunshine Law Seminar. Ms. Mirus said Mr. Hamilton was available to conduct his presentation on Government in the Sunshine; Law on Wednesday, May 30t~' The presentation will be held from 6:00 to 9:00 p.m. in the Longwood Community Building. She advised the cost was $500 and this includes all materials. She said if there were no objections from the Commission she will move forward with maksng th.e arrangements. It was the consensus of the Commission to move forward with the Seminar. CC 03-19-0~~/59 ll4. AI).YOURN. Mayor Maingot adjourned the meeting at 9:22 p.m. J) This Page Left Blank Intentionally. ~1 ~~ (, ~ ;~ ~; ~~.. , i CC 0~-~~,Q7/60