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CCMtg06-04-07MinI.Ol~tG~?VOOI) CI~'Y COMMISSIOI~T ~~ Longwood City Commission Chambers 1 175 West VVarr~>n Avenue Longwood, ~~ lorida 1VIIlvU'T.ES J~JNIE 4; 2;007 7:00 P.P~I. Present: Mayor John C. Maingot Deputy Mayor Mike Holt Commissioner H.G. "Butc:h" Bundy, Jr. Commissioner Dan Anderson Teresa S. Roper, Acting City Ai:torney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Laurie Mooney, Fire Chief Richard Kornbluh, Division Mv~nager.of Utilities Carol Rogers, Director of Financial Services Bonnie Howington, Codes Enforcement Officer Kim Harris, Codes Enforcement Secretary l Paul Sizemore, Interim Director of Community Services ~..,.~ Tom Jackson, Police Chieff Fran Meli, Recreation Programs Manager Absent: Commissioner Brian D. Sackett (Excused) 1.~ CALL TO ORDER. Mayor Maingot called the meeting to order at 7:02 p.m. 2. A moment of SILENT MEDITA7CION was followed by the.PLEDGE OF ALLEGIANCE. 3. COMIVILTNITY ANNOUNCEMENTS. Ms. Mirus read the following annolu~cement: A. A Bhce Gf•ass Pickin' will be held on June 16, 2007 from 7:00 p.m. unti1.10;00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS/ PROCLAMA.TIOl`1S. A. District #2 Presentation of the P~usiness Person of the Month Award for June 2007 to Rafael and Ramona Paulino of Oasis Cuban Cafe, located at 295 South Ronald Reagan Boulevard. ~ Commissioner Anderson read a brief biography on Rafael and Ramona Paulino and presented them with the Business Person of the Month Award for June 2007. Photographs were .:hen taken. ' CC 06~-04-Oi'/119 B. Certificates of Recognition presented to the following students .from Rock Lake Middle School for winning. First Place Regional Award for ~j Southeastern United States in the 2007 eCYBERMISSIOlV ~` Competition: David Bohn Jennifer Serluco Corey Goldenberg Isaac Ivies Mayor Maingot read a brief background on the eCYBERMIS'SION Competition. Each student was presented with a Certificate of Recognition by the Commission. Photographs were then taken. C. Proclaiming the week of June 4-8, 2007 as "Code Enforcement Officers' Appreciation Week." Mayor Maingot read a Proclamation designating June 4~' through June Stn as Code Enforcement Officers' Appreciation Week. He preserted the Proclamation to Officer Howington and Ms. Harris. Photographs were then taken. 5. 6. BOARD APPOINTMENTS. None. PUBLIC INPUT. A. Presentations. The Children's Cabinet.of Seminole County presented -'~, by Christine Connell and Captain. Greg Barnett. ~~ Christine Connell said Commissioner Sackett had requested she provide some referral manuals that she distributed: She stated they would be discussing The Children's Cabinet of Seminole County, advocate for Seminole County children. She .said they were a group of service providers and advocates sharing one vision, mission, and set of values to better serve the families in Seminole County. She advised the providers meet on a monthly basis to discuss issues with Seminole County children. She reviewed the history and a list of providers with whom they partner. She outlined the Vision and Primary Focuses. She said the Children's Cabinet can be a one-stop for families and children needing access to needs. Captain Barnett said the Seminole County Sheriff's Office conducts all abuse investigations. He advised Longwood represents 4% ofthe Abuse Report in 2006 and had 15.4 abuse cases reported in 2006.. They worked 4,000 cases countywide. Ms. Connell. said they had programs in which families participate in voluntarily, one being Healthy Programs that includes the Prenatal Program. She stated we can. help the children and secure a better future for all of our Seminole County citizens by being informed on issues children face. She advised there were several websites in Seminole Cotulty ,..~ including the City of Longwood's website that has .links to various CC 06-04-07/120 organizations and the Seminole County Community Base Care website. ' She said people can participate with the Children's Cabinet as a partner or ~~ a member to share ideas and data..She advised their meetings. are held the second Wednesday of the month, 9:30 a.m. at Kid's House on Ronald Reagan Boulevard. Mayor Maingot~inquired if the Longwood Police Department was aware of cases being worked within the City. Captain Barnett responded ir.~ the affirmative. Deputy Mayor Holt said he was a big advocate for cluldren and it was fantastic to be a part of the educational-ramifications that are happening throughout the County. B. Public Participation. None. Commissioner Anderson left the meeting at 7:31 p.m. and returned at 7:33 p.m. 7. CITY ADMINISTRATOR'S REPORT.. Mr. Drago reported not too long ago a couple of antenna towers for wireless l communication to the City's networ]{ syst~>m had been installed at Station 1"l. He `I` stated since that time fiber optics have been installed. He said a communication 1~-' company approached the City to inquire if~ a 100 foot monopole tower could be placed there. H'e said this was on City property and inquired if the Commission would be interested in moving forw~crd. Commissioner Bundy said he did not have a problem with this. Mayor Maingot inquired if there had'. been any resistance. to the tower. Mr. Drago said the monopole that would replace the cuurent tower would look better and less obtrusive. Deputy Mayor Holt inquired if they were i:alking about taking down the one that is there and relocating the new tower°. Mr. Drago .said it would be in the general vicinity of the current tower. Deputy Mayor Holt said they were now able to disguise cell towers. He stated he would say no if it came. to a vote. Commissioner Anderson inquired if the tower needed to be 100 feet. Mr. Drago responded in the affirmative. CC 06-04-07/12.1 Commissioner Anderson said the point he had brought up previously was, in France they incorporated the towers into the architecture of buildings rather than .free standing towers. He stated if we already have a tower, then try to get the best tower possible. Mayor Maingot .said he would concur if it could be disguised. It was the consensus of the Commission to move forward with Deputy Mayor Holt voting no and Commissioner Sackett absent. 8. MAYOR AND COMMISSIONERS' REPORT. District #5. Absent. District #1. Mayor Maingot reported he had copied the Commission on a letter sent May 24~' to Governor Crist, Senator Constantine, Representatives Mealor and Simmons regarding the State Road 434 project. He said they were still working on trying to get this matter moved forward; and a meeting with Chairman Henley and the City Administrator would occur in the next ..few days. He reported on May 30~` the Government in the Sunshine Law Seminar was well attended. The Mayor and Managers Meeting was hosted in the Community Building on May 31St District #2. No report. District #3. Deputy Mayor Holt thanked the Commission for allowing the Children's Cabinet of Seminole County to do a formal presentation. District #4. Cormissioner Bundy said they have asked people to write to DOT and the County regarding the State Road 434 Project. He advised he had copies of letters forwarded to him as well as responses. He said elected officials were advising they have forwarded the requests to the appropriate people and asked it be looked into. He stated bureaucracy has replied they were working, with the City of Longwood. He said they were. not working with the City, but talking at the City. Mayor Maingot said they needed to keep the pressure on. Commissioner Bundy said the problem the City has is that the people putting the money in the prof ect would. have the inaj ority of the say and it was very time restrictive. Commissioner Anderson said the State has been. promoting good planning to local governments. He said this needs to be highlighted to the decision makers and told that is why the City is coming to them. He said they need to push the. message that this is the opportunity to correct the mistakes made 30 years ago. Commissioner Bundy said with residents ,sending letters now would be a good ~ time for the City to step up the campaign. CC 06-04-07/122 Mayor Maingot said he planned to fbllow••up on the initial information sent out. ,._.1~ J~ • Commissioner Anderson said Deputy Ma~~or Holt had mentioned people come to the City asking for things. He suggested one thing the City could do rather than giving money would be to highlight these groups and causes in The Lamplighter,. on the City's website, and explain to the people of Longwood why this group is worthy of their support. He said they would get more support in this way than the limited funds the City could give. He stated people would also step up to volunteer. He said people making a :personal investment were what. really made a difference and would make more of an impact. Commissioner Bundy reported the llistoric Society was restoring the Women's Club building back to its i 925 open porch. Deputy Mayor Holt suggested having the appropriate people come to a Commission meeting and make a presentation on-the State Road 434 Project. 9. CONSENT AGENDA. A. Approve Minutes of the May 21, 2007 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for June 2007. C. The Building Division of the Community Services Department ~ recommends the City Com:missic-n approve a change order in the amount of $100,000.00 to Page, Dixon, Chandler, Smith (PDCS) for building official, plans review, acid inspection services. Commissioner Anderson moved to approve the Consent Agenda as submitted. Seconded by Commissioner Bundy. Discussion was held regarding Item 9 C. Mr. Drago advised he was a proponent of privatizing this function. kIe said the Commission does not hear complaints about taking too long. He • declared people were willing to pay for a shortened process. Motion. carried by a ~~nanimous roll call vote with Commissioner Sackett absent. 10. PITBLIC HEARINGS. A. City Administrator recommends the City Commission read by title only and adopt Ordinance 07-1831 amending the City Code relating to the Community Building. Ms. Roper announced having proof of publication. She then read ~ Ordinance No. 07-1831 by title ori~y. CC 06-04-07/123 Mayor Maingot 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 Bundy and carried by a unanimous voice vote with Commissioner Sackett absent. Commissioner Bundy moved to adopt Ordinance No. 07-1831 as submitted. Seconded by Deputy Mayor Holt. Deputy Mayor Holt moved to amend the Class C Rental where it says, "City commercial/business (proof of City Occupational Licenses is required) .:. " to be changed to the technical term. 1VIs. Rogers advised it was a Local Business Tax Receipt. Commissioner Anderson seconded the motion to amend. Motion carried by a unanimous roll call vote with Commissioner Sackett absent. Commissioner Anderson inquired if the wording "Business Service Fee" was obvious this was the cleaning fee or the inclusive service fee. Mr. Drago responded in the affirmative. Main motion carried by a unanunous roll call vote with Commissioner Sackett absent. 11. REGULAR BUSINESS. A. City Administrator recommends the City Commission discuss delegating to the City Administrator who shall act as temporary City Administrator during temporary absences of the. City Administrator. After discussion, if the Commission deems Resolution 07-1168 appropriate; then. read by title only and adopt Resolution 07-1168. Mr. Drago said there was some discussion at the last. Commission meeting regarding if the City Administrator became incapacitated, who would be left in charge. He said the Attorney added. some language in Sections 3 and 6. Ms. Roper said Section 3 provides if the City Administrator is unable to make the delegation, then it would come to the City Commission to make the decision as explained in the Charter. She stated Section 6 was for the City Commission's benefit if a designation were made they did not agree to. She advised there was nothing in the Resolution that takes away the Commission's right to make. that delegation per the Charter. J CC 06-04-07/124 Commissioner Bundy inquired if this was in no way abrogating the `~ Commission's responsibility to the: Administrator. l~ Ms. Roper said this was why Section 6 was added. She stated they were very careful not to do anything that would be in conflict with the Charter. Commissioner Anderson pointed out Section 5 (1) does not give the Temporary City Administrator authority to expend funds in excess of $500 without the permission of thf; City Administrator. He inquired if this means he is not allowed to spend the funds, even if it were previously authorized. He said under extraordinary circumstances the City is stuck if in an emergency ,situation. Mr. Drago said if the Commission had authorized expenditure of funds and the Temporary Administrator lead taken over, then the paper work would go through the normal procf:sses. He stated this language was in the original Resolution No. 98-965. He; said Purchasing does have legal authority to sign up to a cert~iin dollar amount. He stated he can authorize the Finance Director to sign purchase orders in his absence. He said if he could not be located, the Cornmiss ion has the right to authorize the Temporary Administrator to expend funds. Mayor Maingot pointed out an emergency meeting could be called by the Mayor or two or more Comnussioners. Deputy Mayor Holt said when he first brought this forward it was suggested to eliminate the~designal:ed position of the City Clerk to another position. He advised he had discus;~ed this with the City Clerk and she understood. He stated it was hurricane season again and the City Clerk would be going on leave. He said Phis Resolution cleans up the language already there. He stated there were other entities in place that would supersede. Commissioner Bundy said in. the event of a State of Emergency, perhaps it could be clarified that in the City p.dministrator's absence the Police Chief or Fire Chief would be designated :in charge. He stated he would prefer to have the day to day operation fall on someone with emergency experience. Commissioner Anderson saki it is ;rddressed by three issues. The City Administrator has trained everyone; to know what to do. He said Section 6 points out the Commission c<~n designate who they desire if the need arises. The Commission can :hold an Emergency Meeting at any time. He. affirmed it was well covered. Mr. Drago advised the Fire Chief vvas in charge in the event a State of Emergency is called. Ms. Roper read Resolution No. 07-1168 by title only. CC 06-04-07/125 Commissioner Anderson moved to adopt Resolution 07-1168. Seconded by Deputy Mayor Holt and carried by a unanimous roll ~j call vote with Commissioner Sackett absent. B. The Community Development Division of the Community Services Department requests the City Commission discuss the seawall adjacent to the stream running by 14th Avenue and take action the Commission deems appropriate. Mr. Sizemore said this was brought up at a previous Commission meeting. He advised a complaint was made by a property owner living on 1411' Avenue and requested the City Engineer to look at the seawall located at the rear of their property where a stream runs underneath 14th Avenue. He reviewed an aerial photograph of the area. He said the City Engineer evaluated the property and it appeared as if a seawall had been constructed. Upon doing some research, it appears the seawall had been there at least 20 years. Following review of plat maps and the survey of the property, the City Engineer determined there did not appear to be any easements or right-of--way over the property and the seawall was part of the private property. He stated the City did not have jurisdiction to repair the wall without the granting of easements or permission. He said based upon the City Commission's direction staff contacted representatives from Seminole CoLmty because of the possibility of run off water from County Road 427 could enter this waterway. The County also determined they did ~ not have jurisdictional or maintenance responsibility for this section of ~ seawall. The County recommended speaking to St. John's River Water Management District as well as the Department of Environmental Protection. He said a representative from St. John's River Water Management District confirmed without any easements, it appeared to be a private property issue. However, they recommended consulting with the Department of Environmental Protection because there were surface waters involved. If any repairs were going to be made to the wall it could become a permitting issue through the Department of Environmental Protection. He advised the Department of Environmental Protection confirmed their roll in this kind of shoreline project was from a permitting perspective to determine a trip to threshold for a permit. He said these agencies indicated they also did not. have maintenance responsibility. Deputy Mayor Holt referred to the north side of 14th Avenue where the stream flows under the street and continues on. He said he called earlier today and asked for an aerial view so they could determine where the water was coming from and where it was going. He said this stream connects Lake Monroe and Lake Jessup to East Lake. He stated for years the City of Lorigwood would scoop the dirt out from the north side of 14th Avenue and pile it up and when this area was paved that went away. He said there were caves created under the new street from torrential downpours. These were. repeatedly addressed and filled because it kept J eroding the street. He said the flow of water was eroding the back of this CC 06-04-07/126 .__,~ property. He stated they could not fill in their yard without a permit. He l~ said the only recourse the City has, would be if they deed their property to the City. Commissioner Bundy inquired who built the. seawall originally. Mr. Sizemore said he did not have that information. Commissioner Bundy said hie believed that was the headwaters of Soldier's Creek and it is part of thc; watershed. He stated he would not be willing for the. City to take over that responsibility. Mr. Sizemore said he spoke to Mr. Smith regarding the previous repairs on the headwalls that was related to the issues of it washing out. Commissioner Bundy suggested having the City Engineer look at it from that aspect to see if it was designed and installed properly so not to conflict with the flow. Mayor Maingot said it appears to come back to the property owner. He said other than the recommendation of the City Engineer to check the area. to make sure the culverts were functioning properly, there is nothing more the City can. do. Deputy Mayor Holt said as t:he Commissioner of District #3 he would ask the City Administrator to walk the area with him. He declared the. Administrator would probably ask the City Engineer to make a determination. Commissioner Bundy said he would be interested in having the Engineer go to the site at the same time and come back with a report. Commissioner Anderson said he has had significant erosion on his property. He stated St. John's would not issue a seawall permit. He said you could build a retaining wall b~~ going one inch on your side of the high waterline: He declared environmental laws have done a lot of good and they were also a tyranny. He said it was a challenge acid there were no easy solutions. He stated it was the; dual edged sword when you are the water front property owner.Ke said under certain circumstances the Department of Environmental Proi;ection will permit Gabion baskets and riffraff. C. B'he City Administrator a-ecomm~.ends the City Commission read by title only, and set June 18, :2007 :is a public hearing date and approve the first reading of Ordinance No. 07-1824, which grants aNon- Exclusive Franchise for the collection of commercial solid waste to 1Vletro Waste Services. CC 06-04-07./127 Ms. Roper read Ordinance No. 07-1824 by title only. .~J Deputy Mayor Holt moved to approve the first reading of Ordinance No. 07-1824 and set June 18, 2007 as a public hearing. date. Seconded by .Commissioner Bundy and carried by a unanimous roll call vote with Commissioner Sackett absent. D. Commissioner Dan Anderson .recommends the City- Commission discuss the implementation of a municipal tree banking program. Commissioner Anderson said, per the Longwood Development Code, when people develop commercial property they are required to replace inch for inch when cutting down trees. He discussed this with Mr. Sizemore and said there were many circumstances where it is not wise to replace that many inches on the same property. He stated he liked Oviedo's Tree. Ordinance having the ability for those trees to be donated to a tree bank. Businesses and homeowners could .apply to have a tree placed on their property. He declared this was an interesting, idea for°the City to consider. He said there were homeowners throughout the City that do not have trees in their yards. He stated this would be a great program and keep the number of trees in the City. He declared it was better to have one grand specimen than to just cluster a number of trees. because you are required to have them. He said the second phase he would like to discuss was for the Commission to take a certain sum of money and designate tree ` canopy~over some of the arterial roads each year. He stated this would , slowly transform the. way the City looks making it one of the-green cities. Commissioner Bundy said this was an interesting concept. He stated the only concern he would have was with implementation. He said they would need to make sure there was a mechanism in place that the City decides the cost of the tree. He stated they needed logistics to make sure a developer must put in a certain number of trees. Commissioner Anderson suggested it would be worthwhile to allow a developer to receive credit for placing a more mature and better species of tree as a replacement. Mayor Maingot said the tree bank was a good idea. He stated the larger the tree, the more chance it has .for survival. Commissioner Bundy said he would not want to see it become like the wetlands mitigation bank. Deputy Mayor Holt said he liked the idea of the tree bank. He said the second part of lining the streets with trees would need for the power lines to be moved. `, ~J CC 06-04-07/128 E. Commissioner Dan Anderson recommends the City Commission ,. ,, discuss establishing a farm.er's market within the City. Commissioner Anderson said having ..seen Sanford's and Winter Park's farmer's market he thought i.t would be great for the City of Longwood to have a farmer's market. His initia} idea was for it to be in front of the hotel as it gets started. He said this wou:(d be visible to people driving through the City and easy to access. 'This would call attention to the Historic District. He suggested the ne;w owner of the hotel might be willing, to allow people to park in his lot.. He said people would walk to other merchants in the District. He; feels there will be a good interest in the market and be a draw to Longwood. Mayor Maingot said it was a. good idea. He stated holding. it in the front of the hotel would not be .good for th~~ beds of grass. He suggested the parking lot across from the Community Building provided there was not an event in the Community Building. He recommended development to move. this forward could be a niche of the Parks and Recreation Board. He said Ms. Meli could contact the area businesses to obtain their cooperation. He stated the cost of staff time would need to be looked into. Commissioner Anderson said it was his intention the farmer's market becomes self-sustaining. ~ Commissioner Bundy said they had a farmer's market several years ago and it denigrated into not being ve.~y good. He stated a vendor was in charge of it at that time. He said there were several local product markets in town and he was concerned the)T would not be happy having vendors to compete with. He stated the :EZecre;~.tion Division only has two employees and this would also take Police Officer involvement. The Parks and Recreation Board Members work hard and he feared this would put an extra burden on them. He declared in order for it to be successful they would need 50 to 75 vendors a.~id they would not fit in the parking lot. He suggested finding anon-profit org~uiization to sponsor or co-sponsor and assume the logistical liability. Deputy Mayor Holt applauded Commissioner Anderson for thinking outside the box and said it was a great idea. However, he said the logistics would be a nightmare. He qu.estior,:ed who would run it and who would be responsible for the cleanup. 13e reiterated it was a good idea, but stated they needed to focus on other idea:>. Commissioner Anderson inquired, aside from legitimate concerns that were raised, if those issues were addressed would it be an nthtesting idea:' He asked if it would be worthy of bringing back for discussion. Commissioner Holt said it was a worthy idea. He said the vegetables would need to be approved by the ;appropriate organizations. CC 06-04-07/129 Commissioner Anderson inquired if the Commission was not responsible _ for handling all of the details would they want a farmer's market in the ~, City. He said he was willing to do the research and obtain more . information. He said communities all across the country have figured it out and customers were. showing up. Mayor 1Vlaingot said it was worth investigating. Commissioner Bundy said if the logistics could be worked out so not to cost the City. He stated the City would still need to provide seed money. He said it still did not address his basic philosophical thoughts that the City should not be competing against the private market sectors. He stated the private businesses contribute to the community and events like Celebrate the Seasons. Commissioner Anderson said Longwood has suffered from lack of attention and a lack of adventure. He declared they needed to stand up and make everybody take notice of what happens in Longwood. He said he was willing to find answers as to how they can do some of these events and bring people here. He challenged the Commissioners to think of something they would want to draw people to Longwood. Commissioner Holt said he applauded the idea, but we need to think of all of the ramifications involved. 12. CITY ATTORNEY'S REPORT. No report. 13.' CITY CLERK'S REPORT. Ms. Miru reported at the next meeting she would be bringing forward a Resolution for the Commission to consider that will amend the Rules and Regulations for the Cemetery to eliminate the marking fees and utilize one vendor to handle opening and closings. She said she will also be bringing forward an Ordinance for the Commission to consider that will charge title companies for research on pending properties within the City. 14. ADJOURN. Mayor Mangot adjourned the meeting at 9:44 p.m. /~~ .Iohn aingot Mayor ATTEST: .. Sarah M. Mii°us, CMC, City Clerk ~J CC 06-04-07/130