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CCMtg06-18-07Min- ~ ~,®l~G~VOOD cC~7c~ C®MIVIIS~~®I~ `:~ Longwood City Commission Chambers j 175 West Warren Avenue Longwood, .Florida 1VIIN~[T'I'ES .TITNI~ 18, 20.07 7:001'.]VI. Present: Mayor John C. Maingot Deputy Mayor Mike Bolt Commissioner IJ.G. `Butch" Bundy, Jr. Commissioner Brian D. Sackett Commissioner Dan Anderson Teresa S. Roper, Acting (:ity Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Tom Smith, Division Manager ~of Streets/Fleet Robert Ladoczky, Police ]Department Richard Kornbluh, Division 1VI;anager of Utilities Tom Jackson, Police Chief --~- Carol Rogers, Director. of Financial Services ~ Laurie Mooney, Fire Chief D`"" Paul Sizemore, Interim Director of Community Services Debbie Renfro, Property :Mainitenance Supervisor Ryan Spinella, Executive Assisi:ant 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. Ms. Mirus read the following announcement: A. Senior Matinee will behead on June 20, 2007 from 11:00 a.m. until 1:00 p.m., Longwood Community Building, 200 West vVarren Avenue. 4. RECOGNITIONS. A. District #3 Nomination of the l3'~usiness Person of the Month Award for July 2007. l Deputy Mayor Holt nominated Dr. Lisa Palmer of Palmer Chiropractic & Sports,lVledi'cine, located at 135 ~TJest Pine Avenue. Nomination carried by ~ a unanimous voice vote. - CC 0E-18-07/14.5 5. BOARD APPOINTMENTS. _ A. Appointment of a Longwood citizen to the City of Longwood Police ~ Officers' and Firefighters' Pension Trust Fund. Mayor Maingot nominated Jack Smythers for reappointment to the City of Longwood Police Officers' and Firefighters' Pension Trust Fund. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Presentations. Smart Growth presented by Philip Laurien, AICP, Executive Director, East Central Florida Regional Planning Council. Philip Lauren, AICP, Executive Director, said he was at the Seminole County Mayors and Managers meeting a few weeks ago where they had an evolving discussion about the How Shall We Grow Project of myregion.org. He said August 10~' was the roll out date for the signature on the compact that said they are- interested in changing the way the region grows. If there is a collective decision made by the elected officials and the people of the region to slowly change the development pattern so that in the year 2050 we're not overrun with sprawl, it will take a lot of collaboration. He said he has been asked to speak tonight about what are the Smart Growth principals coming from this project and how does it relate. He stated Longwood was ahead of everyone in the region and most prepared to have this discussion. Longwood has a sense of where they are headed and the City is promoting mixed-uses in the Historic corridor. He ~~ said the goal of the project was to create a shared 50 year vision for the Central Florida Region. They started by looking at the region in 2005. He advised 24% of the region is permanently .set aside for conservation. Today, each person in Central Florida spends 20 minutes per person per day in the automobile and the average- speed in the commuting time is 34 miles per hour. He said at the rate we are going, and using the projections from the. Bureau of Economic and Business Research from the University of Florida, he reviewed what Central Florida will look like in 2050. He pointed out the significant increase in urbanization. He said the amount of land that would be urbanized in the next 45 years would be about the same amount that has taken 445 years to urbanize. He said the economy goes up because of snore people, but it is not the most robust economy we could possibly have. He reviewed alternatives they looked into. He said pushing people out to.the outlying areas makes traffic all that much worse and makes for poor air quality. Centers are about promoting new growth into different size. centers as nice urban spaces and mixed amenities. He said the people attending the 3 5 workshops all felt, that some kind of transit option was a necessity by 2050. He said the environmentalists did not care for the conservation corridor. He discussed a transit system to take cars off the road. He said Portland attracted approximately 100 projects worth $2.3 billion in private money in less than five years, all. within two blocks of the light rail line. He stated Tampa reopened streetcars that go back into ,~ the neighborhoods they were previously removed from in 1946.. He CC 06-18-07/146 declared streetcars and transit systems were economio redevelopment. He 1 said water consumption and air quality are much. improved. He stated the ~`-~ centers do well for the business community. He said when people voted online they chose the smallest. urban footprint, the most conservation, the best air quality, the lowest water demand, the most transportation choices,, the shortest commute, and trie most robust economy. He said of the four choices, overwhelmingly the: current trend was the clear loser. He said they call this. the People's Choice :?050 Vision;. and reviewed the four C's; conservation, centers, corridors, and countryside. He discussed funding and acquisition of green areas. He said the second prong was to promote more growth and centers. The third is to connect centers with a balance of roads, light rails, streetcars, and buses in mixed-use corridors planned by cooperating regionally. He said the next step was implementing a shared vision and this would require somf; consensus. He stated after the meeting on August 10~' his roll will be to visit 93 different jurisdictions. Commissioner Bundy inquired where the money was going to come from. He said growth will never pay for itself. However, you can direct growth in the areas you want it to be. He ~aated the same people that want this also want lower taxes. He said they can't even get everyone onboard for the commuter rail. He confirmed Lon27wood has been in favor of it from the beginning. He questioned how they are going to establish this regional viewpoint and at the same tome prf;serve the City's authority. ~~ Mr. Lauren said the Mayors and l~lanagers have already approached them to see if there was a way they can work together on the essential values and look at the Comprehensive Phms to see how they fit. He stated this was going to be a very slow process. He agreed that development almost never pays for itself other than certain commercial developments. Residential never does. He suggested they needed to look at some oi'the old transportation corridors and how well they are utilized. Commissioner Bundy said the cities in Seminole County have always worked together. He stated they ge;t no cooperation from the. State Agencies and gave the State Road 434 Project as an example. Mr. Lauren said one of the partners in this process was the DOT. He said this means they were interested enough to put some money into this and pay for the traffic log. He said when they went and looked at the corridors, they noted this was pushing more sprawl and opening the inexpensive land. He said if they say they are going to widen from two to four or six lanes, then what damage was done: to those neighborhoods. He said they were successful in being able to pause the process. Senate Bill 360 said they were supposed to do visioning. He said they presented DOT with this information-and what the people v~ant. He stated it was the beginning of a conversation. CC 06-18-07/147 Commissioner Bundy said when DOT is put on the spot; they say the right things. He stated some of our residents have joined in the City's effort and have been told by DOT they are working with the City. However, they are still moving forward with the project. Mayor Maingot. said it was not a walk in the park, but he feels some voices were beginning to be heard. He said the Mayors and Managers have asked that we take .care of our home turf first and be the example for those who wish to follow. Commissioner Anderson said DOT does plan for long distance trans- portation with very little regard for what it does to a local community. He stated he was Longwood's representative for MetroPlan, and in the 20 ,year plan there was nothing for mass transit. He said 98% of the budget. was for building more lane miles on existing roads. He stated Longwood was a city that is built out, and how do they create something that is sustainable and works in the long term. He said when Longwood tries to pursue their vision; they are not getting the cooperation they need. He declared they need to get the different levels of government to cooperate. Mr. Lauren stated one of the best architects he knows has always said to give him two good urban blocks and he can create a sense of center. He said from there you can choose a corridor to extend and make`it part of the vision. He stated it was a long process to think forward 50 years. Commissioner .Sackett said it has been on record that the widening of State Road 434 is to move traffic, faster to 417 and out of this area. He stated who wouldn't want to preserve the green areas. He suggested showing the percentages on his overlay chart during the presentations. Deputy Mayor Holt said 30 years ago a gentleman came here and had a vision. He stated a lot of what has happened today is because of the vision of Walt Disney. He said we didn•'t stop or control the growth and are- faced. with what we have now: He stated growth is not stopping in Winter Springs or Oviedo. He declared people were going to continue to come to Florida and development would continue. to occur. The only thing that will s-top it is water issues. He said we need to eliminate some of the bureaucracy. Mayor Maingot suggested putting together a document that puts the voices of desire for change together in the form of a Resolution. that can be signed by those~present on August 10~'. Mr. Lauren advised there would be two documents for the jurisdictions to sign. He said most people are afraid of change unless they can envision it. He offered his assistance to the City in their endeavors with these agencies. CC 06-18-D7/148 Seminole County Alternative Water Supply Projects presented by ' .Perry Salsano and Nancy Cha-istman with. the St. John's Water ~~°'~ Management District. J Ms. Mirus advised this prese-ntation has been deferred to the July 2na meeting. B. Public Participation. Mayor Maingot said he had one form filled out from Frank Randolph who left prior to ..speaking. 7. CITY ADMINISTRATOR'S REPORT. Mr. Drago reported the Homeowner's Association of Rangeline Woods sent a letter to the Police Chief asking the City to consider three things: 1) lower the speed limit from 25 to 15 miles per ]hour; :7_) install traffic tables to eliminate reckless driving; and 3) post a "Children st Play" or some kind of caution sign. He .said the main issue was speeding. He askF.d the Chief to do some stealth radar to come up with some numbers and in a thre~~ day period the radar picked up a total of 475 cars and the average speed was 17..86 miles per hour with a minimum speed of 11 miles per hour and maximum speed of 34 miles per hour. He stated l there were only approximately twelve (12:) residences in the subdivision. j~ Mayor Maingot said he would go along with the "Children at Play" sign, but not the traffic table. Commissioner Bundy said they wouad get more complaints from the traffic tables than people speeding. It was the consensus of the Commission to have the signs placed in the neighborhood. 8: MAYOR AND COMMISSIONERS' REPORT. District #1. Mayor Maingot reported on dune .15th he and the City Administrator met with County representatives concerning the 434 Project. He advised Chairman Henley was not happy with the Help Wanted flyers. He said the point has been made and movement was occurring. District #2. No report. District #3. No, report. District #4. Commissioner Bundy said Commissioner Henley will probably not l be happy with the interview he is doing with Channel 9 News tomorrow. He said he was pleased to announce it was in the paper that on the third try Nemours ~~ Children's Hospital received State approval and their certificate of need. CC 06-18-07/149 District #5. Commissioner Sackett reported he went to Mr. Drago's historical area and saw what he was talking about in seven cities in Italy. He said when looking at the Artisan District that we are talking about in the Development Code you really see it at work in those cities with the history. He stated he was happy to see in the news that all Seminole County High Schools were in the top 5% of high schools in the United States. He asked for an update and what can be done about the sod trucks on Rarigeline Road traveling at midnight. Mr. Drago said one of the .recommendations was: to limit the times they can travel. Chief Jackson said they continue. to cite every truck that does not have a delivery through there. He said there were still a number of violators. He suggested luting the delivery times. Mayor Maingot said fhe drivers know what is going. on and there have been over 100 citations written. . Commissioner Anderson said before restricting, hours it would be helpful to send a letter to the businesses that have a legitimate need. .Chief Jackson said the only two that are exempt are the businesses of AlA and the convenience store. 9. CONSENT AGENDA. A. Approve Minutes of the May 30, 2007 Government in the Sunshine Law Seminar and Minutes of the June 4, 20.07 Regular Meeting. B. .Finance Division of the Financial Services Department recommends payment of approved and estimated bills for July 2007. C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for May 2007. D. Streets/Fleet Division of the Public Works Department recommends the City Commission. approve a purchase order with Cato Environmental Services, Inc. in the amount of $223,860.00 for the mowing maintenance services (Bid. #03-06) and .authorize the City Administrator to sign all appropriate .documents. E. The Police Department recommends the City Commission. approve a Change Order to increase Purchase Order #0.11860 to Sprint by the amount of $12,500.00 and authorize the City Administrator to sign the Purchase Order. F. The Police Department recommends the City Commission .approve the distribution of $222,339 of Fiscal Year 2007/2008 Anti-Drug Abuse Act funds for projects within Seminole County as requested by ,~ Seminole County. CC 06-18-07/150 G. The Computer Services Division of the Finance Department recommends the City Commission approve an increase to Purchase I``' Order 011945 with The Revere Group in the amount of $43,000.00 1 and authorize the City Aclrninistrator to sign all appropriate documents. Commissioner Bundy moved to approve the Consent Agenda as submitted. Seconded by Commissioner Sackett. Discussion was held on Items 9 D; E, and G. Motion carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. The City Administrator reconnm:ends the City Commission read by title only and adopt Ordinance 1`10. 07-1824 which grants aNon- Exclusive Franchise for the collection of commercial solid waste to Metro Waste Services. Ms. Roper announced having proaf of publication. She then read Ordinance No. 07-1824 by title only. l Mayor Maingot opened the public hearing. No one spoke in favor or in ~, opposition to the Ordinance. ~~ Commissioner Sacked mo,~ed to close the public hearing. Seconded by Deputy Mayor Holt and carried by a unanimous voice vote. Deputy Mayor Holt moved to adopt Ordinance No. 07-1824, as presented, Item 10 A. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. Commissioner Brian Sackett recommends the City Commission discuss planning activities for the City's annual event honoring the September 11, 2001 tragedies to be held at the Heroes Monument. Commissioner Sackett said he suggested last October that the City look at this date. He stated September l lt~, should be a day dedicated to that day. He declared the City has done. a fantastic job in our September l lth celebration at the Heroes Monument. He reiterated a need to honor those people who gave an ultimate; sacrifice and to feel good about what we are as Americans on the day of September l Tth from this point on. He said he would also like to see this as an evening celebration. ~ Mayor Maingot said honoring and. recognizing the heroes of September 11th was just one component:'of th~~ Heroes Monument. He-said is CC 06-•18-07/151. recognizes all members of our armed forces, fire and police. He said people would be involved in their daily activities on Tuesday and others we would want to invite such as Veteran's Associations, Police and Fire from other cities, bands and choirs. He inquired what kind of turnout we will get to participate on a Tuesday afternoon. He said. this was a combination community event to share and participate in this recognition. He declared he would prefer to have it on a day when more people can have an opportunity to participate and show up. Commissioner Bundy said there were only about 45 people that showed up last year. He stated a few years ago this Commission designated September 11th as Hero's Day. He said he was in favor of the ceremony being held on September l ltn Commissioner Anderson said he would have an evening service on September l lth, whichever day that may fall. He also would like to see something. done for Memorial Day. He said there is a reason you'point to a day to reflect and say it is important and special. Deputy Mayor Holt said he .stated these same things when this was started. He stated he was in favor of having that day. However; he does not understand why this has to be a continued event. He said we will never forget this day, but it does not need to be celebrated every year. Commissioner Sackett said he was not calling it a moment of celebration; ~ ~ he is calling it a moment of reflection. He stated September l lth is a day that is infamous and it needs to be remembered and solemnly dedicated as that type of day. . Mayor Maingot said we are at war and it gives us an opportunity to recognize veterans who have served and continue to serve. He stated September l lth is a very important day and we should. give it the due recognition deserved. He said the majority rules so it will be held on Tuesday evening, September 11th Commissioner Anderson stated as Commissioner Sackett said, it is a moment of solemn reflection. He said it did not need to be a big event, but a time and place to come together as a community and say we remember and have a moment of reflection. Commissioner Bundy agreed it should be a simple ceremony. He said he was not so sure we needed a band,. just a bugler.and a bagpipe player. He suggested a candlelight vigil and something very tasteful. He said he was not. concerned about the turnout. Mayor Maingot agreed with a time .for reflection and a solemn event. He ~ said as part of the emotional cord, singing is always. a part of that. He ~ suggested some type of patriotic singing and lie would go along with a CC 06-18-07/152 choir participating. He said .Memorial Day would be something to consider. Commissioner Bundy suggested not putting the planning of both events on the same staff people. Mayor Maingot said there needs to be communication going out to notify people. He stated timing can be left to people planning the. event. He said a program can be brought fortlh. B. City Administrator recommends the City Commission discuss the selection process for City Attorney and give staff the direction deemed appropriate. Commissioner Bundy said the procedure used in the selection for the City Administrator and City Clerlc has worked well in the past. He suggested using the same process by setting izp times to interview. Commissioner Anderson inquired if there had been any ranking. Mr. Drago advised he did not. rank the applicants. A spreadsheet gives the highlights. -i Mayor Maingot said his general thought was that they should try to reduce j~ it down to the preferred three. Commissioner Sackett conciu-red. Mr. Drago said when they were looking at the solid waste proposals the top three came in for interviF;ws. I~:e stated they would do whatever process was agreeable among the commission. Commissioner Anderson said he ~Tould feel much more comfortable with input from the City Administrator. Mayor Maingot said he read through the information in regards to their expertise and what their retainer fees would. be. He stated one person served many cities and he eliminated that person to bring it down to someone who has the expertise and time to devote to the City's needs. He said they should interview three and not six. Deputy Mayor Holt said there were six. Each Commissioner should rate them and give that to the City Administrator to place in like, order, and -then go with the top three. Commissioner Bundy said if they were going to ask. the City Administrator to weigh them., or if the Commission was going to weigh them, they need to be doing i:his according to the same scale of what they CC 06-18-071153 are looping for. He said if they were not going to conduct interviews with all, he intends to conduct conversations with all of them. He stated this was someone they would have to work with on a regular basis, and he wants to know what their philosophy and their approach is before making that decision. He said he would prefer to meet with them one on one. Mayor Maingot said Deputy Mayor Holt's suggestion to do their individual evaluations and pass this information to the City Administrator for ranking of the top three was a good idea. Commissioner Sackett inquired how much tune it would take for each interview. He said he would like to see all six in person. He stated it would be two hours of time. He said he was willing to give the time to interview all six. Commissioner Anderson said that may be the best plan and they would all hear the same information. He stated this would be respectful of their time and maximize the Commission's time. Deputy Mayor Holt suggested this be done as a Work Session and they set times for each interview. Mr. Drago suggested June 25th for the Work Session, scheduling half an hour for each .and let each give a presentation.. Commissioner Bundy suggested let each give a five minute introduction rather than a presentation. It was the consensus of the Commission. to hold a Work Session on Monday, June 25th at 2:00 p.m. for interviews of the City.Attorney and schedule the interviews every half hour. C. The City Clerk recommends the City Commission read by title only, set July 2, 2007 as a public. hearing date and approve the first reading of Ordinance No. 07-1832, which establishes a Special Service Fee for outstanding lien searches. Ms. Roper read Ordinance No. 07-1832. by Title only. Ms. Mirus said the. City Clerk's Office receives requests from title companies to conduct searches on properties within the city limits to identify any outstanding liens, special assessments, utility balances; fees or fines. She stated this does take more than 30 minutes of staff time so she is requesting the Commission consider establishing a Special Service Fee. Mayor Maingot .inquired if the fee was $15. l Ms. Mirus responded in the affirmative. `J CC 06-18-07/154 Commissioner Sackett inquired how many cities within the County do something like this and how many requests a month do we receive. Ms. Mirus said she was not aware of how many cities do this. Longwood receives over 70 requests pe~° year. She stated this number has dropped due to the drop in the real estate industry. We currently provide this service at no charge. Deputy Mayor Holt moved. to approve the first reading of Ordinance No. 07-1832 and set July 2, 2'007 as the public hearing date. Seconded by Commissioner Sackett and carried by a Luianimous roll. call vote. D. The Community Developm~emt Division of the Community Services Department recommends the City Commission discuss fence regulations as they relate to subdivisions developed as Planned 1<7nit Developments (PUD's) andl give staff the direction deemed appropriate. Mr. Sizemore said this was an issue brought to their attention by Codes Enforcement as they picked up on some fences going up without permits. People would then come to the Building Division to come into 1 compliance. He said they re~ilized there was a real problem with implementing a current performance based Development Code towards )~ ~' single family and traditional duplex type development when it comes to fence placement to some of i:he subdivisions that were. developed as PUD's when the. City had zoning. He stated the biggest problems they have seen have been in CovE,ntry, as well as some cases in Danbury Mill and The Landings. He stated. beca~zse of the configuration of the lots, and the way the houses are positioned, there are building, entrances facing opposite directions. He said it was difficult to use any kind of objective criteria to establish where the front. yard is located in order to determine the fence height. This item is before the Commission for consideration and whether they would like to direct staff to draft some language. He said a possible resolution would be; to se: up a system similar to what the City has with Ordinance No. 01-1598.:~Ie stated this was the Ordinance ghat sets up approval by Homeovmers Associations before the issuance of building permits. Commissioner Bundy inquired if the fence permits were subject to Architectural Committee review v~rithin the subdivisions under the current Ordinance. Mr. Sizemore said that was correct, but they are subject to a l supplementary level of review. He: stated they could run into a case where the Homeowner's Association. could say the fence was fine. However, ~ when it gets to staff review and it Nooks like a front yard, it may be denied. CC 06-18-07/155 He advised this was what was happening due to the objective criteria established by the Development Code. ~ Mr. Drago suggested the homeowner be given the opportunity to go to the association's board for placement of the fence. He referred to an example where the fence was placed between the two garages. This would not be acceptable with the City's Code, but. considering the nature of the subdivision it is not the only fence of its kind. Commissioner Bundy said he did not want staff to be in the position of having to arbitrate. Commissioner Anderson said he did not have a problem in asking Homeowner Associations to determine their .standards.: He stated the issue was really determining what the definition of the front and side yards were and determining what height offence can go there. He suggested leaning toward putting in the City's Code that not all homes on particular parcels have a clear cut front and side. There are certain cases where there's an ambiguity .and allow staff to make a determination with an appeal to the City Commission.. He suggested creating. something not tied to those three PLTD's, but allow flexibility to deal with unique cases and stands up legally. Mr. Drago .said one of the key items is the Homeowner Associations. He ~, stated there could be some subdivisions that may have. one or two of these ~ types of structures that does not have a Homeowner's Association. The ones presented have the uniqueness of not only the architecture of the subdivision, not only PiID's, but "they do have active Homeowner Associations that monitor the look of their community. He said the idea was to grant them a Tittle extra authority or recommendation relative to these fence issues. He stated this was the same principle as the Code Compiianee District theory. Commissioner Bundy said he would like to see language for an appeal process. He stated the same basic standards should apply.. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. Ms. Mirus said Mr. Randolph submitted a marker to be approved by staff. She referred to page 9 of the Cemetery Rules and Regulations for a single lot marker size and stated a 24 x 14 bronze marker mounted on a granite base maximum size was 28 x 18 x 4. She. said he was requesting a marker size of 28 x 24 x 4 and exceeds the size by 6 inches. She advised Mr. Randolph wanted to request the Commission to waive the Rules and Regulations and approve the marker. She .stated Mr. Randolph has placed several markers in the Cemetery in the past and.was aware of the Rules and Regulations. Mayor Maingot inquired why he was requesting this particular size. CC 06-18-07/156 ~l~ )~ _~ Mr. Drago said he probably made it by mistake and didn't want to redo the marker. Mayor Maingot said if they grant this then. anyone could come and ask.for the same. Mr. Drago said that is why the Cemf,tery looks the way it does. Commissioner Bundy inquired if the; Rules and Regulations were set up by ordinance. Ms. Minis advised they were by resc~lutioti. Commissioner Bundy said it would take formal action by the Commission. Ike stated he was sorry to see Mr. Randolph le:ave as he was going to ask if this was already made. He said he read the information submitted and placed in the Commissioner's mailboxes. Ms. Minis advised the marker was already made. She said he requested to install it today and she would not allow the installation. Mayor Maingot said if they grant a variance for this; where do they draw the line. He stated they should stay with what the rules are. Commissioner Bundy said he could cut th:, granite down to the correct size Commissioner Anderson said he was sure there is some standard size in the industry. He suggested we do some. research to determine what the accepted size is. He stated he would not have a problem with changing the City's Resolution to reflect whatever that size is. In this ease we need to stand by the Resolution that sets the size. Ms. Minis pointed out that Exhibit A of this attachment reflects that he 'did participate and help in developing the rule- and regulations. It was the consensus of the City Commission to stay with what the Rules and Regulations call for. CC 06-18-07/157 14. ADJOURN. Mayor Maingot adjourned the meeting at 9:59 p.m. John C. ATTEST: t Saran 1VL 1Vliru~:, CMC, City Clerk _i J~ ~J CC 06-18-07/158