CCMtg04-16-07MinI,®1®TGW~O~ ~C'I'I'Yr COldIlVIgSS~ON
~~ Longwood City Comn~:rission Chambers
1 Y75 West Warren Avenue
Longwood, Florida
1VgIN[TB'ES
APRIL 16, 2007
7:00 P.:M.
Present: Mayor John C. Maingot
Deputy Mayor Mike Holt:
Commissioner Brian D. Sackett
Commissioner Dan Anderson
Donovan A. Roper, Acting City Attorney
John J. Drago, City Administr,~tor
Sarah M. Mirus, City Clerk
Tom Smith, Division Manager of Streets/Fleet
Lieutenant David Dowda, Police Department.
Richard I~ornbluh, Division Manager of Utilities
Carol Rogers, Director of Financial Services
Michael Hockenberry, B~-ttaflio~n Chief
Ryan Spinella, Executive Assistant
Paul Sizemore, Interim Director of Community Services
Absent: Commissioner H.G. "Butch" Bundy, Jr. (Excused)
Teresa S. Roper, Acting City Attorney (Excused)
1. CALL TO ORDER. Mayor Maingot c,~lled the meeting to order at 7:.06 p.m.
2. A moment of SILENT MEDITATION was followed by the. PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. The following announcements were
made:
A. Senior Matinee will be held on April 18, 2007 grom 11:00 a.m. until
1.:00 p.m., Longwood Community Building, 200 West Warren
Avenue.
B. A Blue Grass Pickin' will behead on Apri121, 2007 from 7:00 p.m.
until 10:00 p.m., Longwood Community Building, 200 West Warren
Avenue. .
4. RECOGNITIONS.
1. A. District #5 Presentation of the ]business Person of the Month Award
~~ for Apri12007 to Mike Patient of Information Videos, LLC, located at
304 East Wildmere Avenue.
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Commissioner Sackett read a'brief biography on Mike Patient and
presented him. with the Business Person of the Month Award for April
2007. Photographs were then taken.
B. District #1 Nomination of the Business Person of the Month Award
for May 2007.
.Mayor Maingot nominated William C. Bentley, President, Bentley
Architect and Engineers, 665 West Warren Avenue, for the Business
.Person of the Month Award for May 2007. Nomination carried by a
unanimous voice vote with Commissioner Bundy absent..
5. BOARD APPOINTMENTS.
A. District #1 Nomination to the Charter Advisory Committee.
Mayor Maingot nominated Tami Cooper, 926 Woodgate Trail.
B. District #2 Nomination to the Charter Advisory Committee.
Commissioner Anderson nominated Joe Durso, 301 Tullis Avenue.
C. District #3 Nomination to the Charter Advisory Committee.
Deputy Mayor Holt nominated Susan McMahon, 525 Devonshire
Boulevard.
D. District #4 Nomination to the Charter Advisory Committee.
Absent.
E. District #5 Nomination to the Charter Advisory Committee.
.Commissioner Sackett nominated Doug Damerst, 210 Garden Lane.
All nominations to the Charter Advisory Committee carried. by a
unanimous voice vote with Commissioner Bundy absent.
6. PUBLIC INPUT.
A. Public Participation. None.
7. CITY ADMINISTRATOR'S REPORT. No report.
8. MAYOR AND COMMISSIONERS' REPORT.
District #2. No report.
District #3. No report.
.District #4. Absent.
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District #5. No report.
District #1. Mayor Maingot reported he visited the training mobile unit at Station
#15 and saw a simulated cardiac si~tuatio~i enacted. He attended the CALNO
meeting hosted by Longwood on April. 4, 2007. He reported on April 10th the
Seminole County School Board made a presentation to the City of Longwood for
their contribution to the Early Learnin~ Coalition of Seminole. He attended the
PBF meeting on Wednesday, Aril 11 ~tnd he attended the Mayors and Managers
meeting on Thursday, April 12t . He learned of the availability of Dockery
Dollars for water. development projects where the St. Johns Water Management
will match 30.% of the cost. He requested the City Administrator keep them
informed regarding the Water Development Projects discussed at the. Technical
Committee.
Mr. Drago said when the Technical Committee was formed several of the
Managers told them it was. a duplicraton and should be eliminated. He stated they
adhered to their recommendation.
Commissioner Ander-soninquired;if Sanford and the County were joiring on the
Yankee Project.
Mayor Maingot said it was primarily the County, and they did not .get into the
specifies of who was paying for the .project.
Mr. Drago advised the County would be paying for the project initially. He stated
the County would want anyone who had a joint water agreement with them to
either pay the money upfront for part of the cost or payment.. of higher rates.
Mayor Maingot reported he attended the MYREGION.ORG meeting following
the Mayors and Managers meeting,, where he learned the State of Florida's
student population was down by 50,000 students from 2006 to 2007. He said he
would have the City Clerk provide copies of the How Shall We Grow? survey.
9. CONSENT AGENDA.
A. Approve Minutes of the Ma.rcb~. 19,2007 Regular Meeting, Minutes of
the March 26, 2007 Special Meeting, and Minutes of the Apri12, 2007
Regular Meeting.
B. Finance Division of the F:inanciial Services Department recommends
payment of approved and estimated bills for May 2007.
C. Finance Division of the Financial Services Department recommends
approval of the Monthly I'inan.cial Report for March 2007.
D. The Community Development Division of the Community Services
Department recommends the City Commission approve a work
authorization to Metzger & Willard, Inc., for py-ofessional general
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engineering services for anot-to-exceed amount of`$30,000 and
authorize the City Administrator to sign all appropriate documents.
E. The Community bevelopment Division of the Community Services
Department recommends the City Commission .approve change order
#1 in the amount of $.162,812.70 to A&M Si Construction for the
Highland Hills Drainage Improvement Project.
Deputy Mayor Holt moved to approve the Consent Agenda, as
presented, Items A-E. Seconded by Commissioner Sackett and
carried by a unanimous roll call vote with Commissioner Bundy
absent.
10.
]PUBLIC HEARINGS.
A. The Finance Division of the Financial Services Department
recommends City Commission read by title only and adopt Ordinance
07-1827 which amends the Fiscal Year 0.6/07 Budget.
Mr. Roper announced having proof of publication. He then read Ordinance
No. 07-1827 by title only.
Mayor Mangot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Deputy Mayor Holt moved. to close the. public hearing. Seconded '~.~-'
by Commissioner .Sackett and carried by a unanimous voice vote
with Commissioner Bundy absent.
Deputy Mayor Holt moved to adopt. Ordinance No. 07-1827, as
presented, Item 10 A. Seconded by Commissioner Sackett and
carried by a unanimous roll call vote with Commissioner Bundy
absent.
11. REGULAR BUSINESS.
A. The Hidden Oaks Estates Homeowners Association requests
the City Commission discuss the removal of two street trees
within the subdivision and take action the Commission deems
appropriate.
Rick DeCarlo, 1011 Crosscut Way, said he would like to address
the package forwarded to the Commission and Mr. Drago this
week regarding the removal of two oak trees in the Hidden Oaks
subdivision. He said the trees were removed on February 1, 2007.
They had maintained the trees since the conception of the
subdivision. He stated they had~partnered with the City dating back
to 2001 when they first had the trees diagnosed and learned they
were dying. He said they had the trees checked by a certified ._~
arborist and the trees injected to preserve their life. He affirmed,
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believing that the trees were fully owned by the Homeowner's
Association, they contracted with Sun State Tree to have the trees
I`~ removed. He said on Sati<+.rday, February 3`d, a Codes Enforcement
l Officer arrived at lis residence with a summons stating they had
illegally removed two of the City's frees. He confirmed this was
unbeknownst to them, as they thought they were the subdivision's
trees. He said after receiving the summons from Codes
Enforcement, they applied for a permit, on February 12th. On
February 16th, they received a letter from Mr. Sizemore stating the
trees were removed illegally and they owed the City $10,575 for
the removal of the trees. Ike stated they would like to discuss the
fee. with the City and, if possible, resolve this issue. He said the.
subdivision had received quotes to replace the trees. They have had
the stump ground .down tc~ grade and replaced the sod. He
apologized for taking. doom trees they thought were on their
property.
Mayor Maingot said on S ~turday, March 10th, he met with Mr.
DeCarlo and Michele Carpenter to visit the location. He viewed
the location of the removed oaks and noticed advanced hot rot in
both. He also visited the retention pond areas and checked on the
condition of the stormwater system. He visited the sidewalks and
observed the many cracks and lifted portions. He declared the City
Administrator has taken prompt corrective action with regards to
the stormwater systc;m an~i sidewalks. He again met with Mr.
DeCarlo and Nonda. Meng on March 29th and made
recommendations on tree replacement. He advised he had no
financial interest and was serving the needs of the people. He
inquired from.the Acting ~~ity Attorney if this would disqualify
him from voting on the issue.
Mr. Roper responded in the negative.
Commissioner Sackett said he drove to the area and liked th.e
suggestion of planting the magnolia tree. He stated he did not see
anything wrong with the proposal Hidden Oaks was making as
long as the plan is irnplerr.~ented. He said the subdivision saved the
City money by removing the diseased trees and their proposal was
approximately $5,000. He inquired if they were recommending,
putting a $250 fine on themselves for removing trees they did not
know were City tree-s.
Mr. DeCarlo responded in. the affirmative.
Commissioner Sackett said this was awin-win for everyone.
Commissioner Anderson said he saw an Association trying to take
care of their neighborhood and do the right things: He stated he
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liked the proposal and would like to ee it move forward. He
declared the $250 fine was more than adequate.
Deputy Mayor Holt inquired if this matter was going. in front of the
Codes Enforcement Board.
Mr. Drago responded in the negative.
Deputy Mayor Holt said a lot of lessons have been learned in this
whole situation. He stated they did everything they could to protect
the trees. He said the caliber of trees they are using to replace will
heighten the beauty of their entrance.. He stated they should not
owe the City anything.
Mayor Maingot moved to accept Hidden Oaks proposal
dated April 10~ which specifies their installment of new
trees without the penalty of $250. Seconded by Deputy
Mayor Holt and carried by a unanimous roll call vote with
Commissioner Bundy absent.
B. Finance Division of the Financial Services Department
recommends the City Commission read by title only and adopt
Resolution No. 07-1164, which imposes a Neighborhood
Improvement assessment for the 2007' Barrington
Neighborhood Improvement Projects.
Mr. Roper read Resolution No. 07-1164 by title only.
Deputy Mayor Holt moved to adopt Resolution No. 07-
1164, as presented, Item 11 B. -Seconded by Commissioner
Sackett and carried by a unanimous roll call vote with
Commissioner Bundy absent.
C. Finance Division of the Financial Services Department
recommends the City Commission read by title only and adopt
Resolution No. 07-1165, which imposes a Neighborhood
Improvement. assessment for the 2007 Sleepy Hollow (1St
Addition) Neighborhood Improvement Projects.
1VIr. Roper read Resolution No. 07-1165 by title only.
12.
Deputy .Mayor Holt moved to adopt Resolution No. 07-
1165, as presented, Item 11 C. Seconded by Commissioner
Sackett and carried by a unanimous roll call. vote with
Commissioner Bundy absent.
CITE' ATTORNEY'S REPORT. Mr. Roper reported he received a J
telephone call from Michael Towers Friday afternoon requesting a
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settlement conference between him, Mr. Towers and.Mr. Drago ahead of
~, Mr. Drago's planned .deposition. He reported the Plaintiff s Attorney, Mr.
Hill, and Mr. Towers informed them they can expect a settlement proposal
to be forthcoming in the ,near future that adds a lot more specificity and
detail that was requested bpi the City Commission during. their last
settlement correspondence. He reported all of the depositions have been
cancelled and there is an ag;reemc;nt to temporarily and unofficially abate
the case from a discovery standpoint to try and reduce attorney's fees from
both sides. He requested a Shade Meeting be scheduled in order to pass
along the information and documentation submitted by Mr. Towers and
his Attorney to the Commission.~uld discuss how they wish to proceed.
~Mr. Drago said both Mr. Towers and his Attorney understand the need to
be more specific in their presentation.
Mr. Roper advised they had_ asked for architectural and engineering
specifications and artistic re;nderi~lgs for both projects the last time: and did
not receive any. He said Mr. Towers was basically saying he did not want
to go to the expense to get all of this information together. I=Ie stated theJ
told Mr. Towers today that the Commission needed something to look at;
not just a concept. ~ ~ ; . ~ j~
13. CI~'Y CLERK'S REPO>E2'T. No report.
Mr. Drago requested to discuss the memo from the City Clerk regarding
the. burials in the cemetery.
Ms. Mirus said she spoke to Mr. Smith this evening and he was going to
take some water table. samples. She stated Quality Vaults has requested a
meeting. She advised she was doing some research in regards to how deep
other cemeteries bury.
Mr. Drago said the problem was with the standard burial, cremation
package. He stated any time a regular burial is done it needs to be a certain
depth to accommodate the additional burial of cremated remains.
Ms. Mirus advised Quality ~Jaults had coneenis regarding the additional
interments and made a suggestion of not only having an urn, but also
having a concrete vault for the cremated remains. She said there was a
concern of possibly breakinl; the urns when probing for their location.
Mr. Drago said when the Ci1:y acquired the cemetery from the Church the
records were not very good. The City does not have complete records for
the old section. He stated he planned to budget next year for a complete
survey the cemetery. He said the L7niversity of Central Florida has a
shtdent program where they have equipment. to do sonar. He said the
second step would be to find. out ii.'there were people buried in the older
plots. The third step would be to ask the City Attorney to research how the
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City would go about obtaining ownership of the vacant property. He said _
if someone buys the standard burial/cremation package, he would want the
corners for the cremation burials pinned so there is no mistake when
opening. He agreed with the City. Clerk that when you start probing, this
can create problems. He stated, while he had not discussed this with the
City Clerle, he has instructed the Purchasing Division to come up with a
contract for one company to handle the openings and closings.
Ms. Nlirus said she would distribute the information to the Commission
when it is complete.
14. ADJOURN. Mayor Maingot adjourned the meeting at 8:04
ay
ATTEST:
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Sarah.M. Minus, CMC, City Clerk
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