CCMtg09-17-07MinLOl~GWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MI:~TUT:ES
Septemlber 17, 2007
7:00 P.P/I.
Present: Mayor John C. Maingot
Deputy Mayor Mike Holt
Commissioner H.G. "Butch" 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 c-f Streets/Fleets
Richard Kornbluh, Division Manager of Utilities
Carol Rogers, Director of Financial Services
Laurie Mooney, Fire Chief
Tom Jackson, Police Chief
Fran Meli, Recreation Program Manager
Paul Sizemore, Director o:f Com:munity Sen~ices
Craig. Dunn, Computer SE;rvice ,Manger
1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:03 p.m.
2. A moment of SILENT MEDITAr~CION was followed by the PLEDGE OF
ALLEGIANCE.
10. PUBLIC HEARINGS. (PART 1)
A. City Administrator recommends the City Commission read by title
only and adopt Ordinance 07-1638 which fixes the final millage rate of
ad valorem taxation for the fisca year commencing October 1, 2007
and ending September 30, 2008.
Mayor Maingot read the following; statement:
The FINAL tax rate being proposed for FY 2007/2008 is 4.9900 -that
is $4.9900 per $1,000 dollars of non-.exempt assessed valuation. This
represents an increase of 1.0.95° o over the rollback rate of 4.4974 per
thousand, an increase that is necessary to fund the budget.
Mayor Maingot said this public hearing on the City of Longwood Fiscal
Year 2007/2008 final milla€;e rate, and final budget was convened as
required by Florida Statutes Chapi:ers 1'29 and 200. Chapter 200 requires
CC 09~-17-0 i'1271
the final public hearing on the budget be preceded by a 2-5 day notice of
that hearing and Chapter 129 requires that we advertise a summary of the
final budget. He announced a summary of the Final City Budget has been
provided for public review by means of advertisement in The Sanford
Herald pursuant to these requirements.
Ms. Roper announced having proof of publication and then read
Ordinance No. 07-183 8 by title only.
Mayor Maingot reviewed the final millage rate and gave an explanation
for the proposed increase. He said the roll back millage rate was exclusive
of new construction, additions to structures, deletions and property added
due to geographic boundary changes. He reviewed last years taxable
values and the 2007/.2008 taxable values. He said the roll back millage rate
would generate approximately $571,5801ess than the proposed millage
rate of 4.9900.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Sackett moved to close the public hearing.
Seconded by Commissioner Bundy and carried by a unanimous
voice vote.
Deputy Mayor Holt moved to adopt Ordinance No. 07-1838, as
presented, Item 10 A. Seconded by Commissioner Anderson and
carried by a unanimous roll call vote.
B. City Administrator recommends the City Commission read by title
only and adopt Ordinance 07-1839 which establishes revenues,
expenditures and fund balances for the City's fiscal year budget
commencing October 1, 2007 and ending September 30, 2008.
Ms. Roper announced having proof of publication and then read
Ordinance No. 07-1839 by title only..
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Sackett moved to close the public hearing.
Seconded by Commissioner Bundy and carried by a unanimous
voice vote.
Commissioner Anderson moved to adopt Ordinance 07-1839.
Seconded by Commissioner Sackett.
Commissioner Bundy said some positions had been eliminated in this ~`~~
fiscal year budget due to privatizing. He stated the City had extended the
CC 09-17-07/272.
~~ opportunity, to any of those employees losing their jobs, to apply for any
other open positions. He stated since eliminating the vehicle maintenance
program, he wanted to make sure systems were in place for each
department to properly mai~ltain their vehicles.
Motion carried by a unanimous roll call vote.
Mayor Maingot said he wanted to let the public know that Longwood
intends to maintain the level of service to the public.
3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following
announcement:
A. Senior Matinee will be held on'~eptember 19, 2007 from 1:30 p.m.
unti13:30 p.m., Longwood. Community Building, 200 West Warren
Avenue.
4. RECOGNITIONS.
A. District #5 Nomination of the Business .Person of the Month Award
for September 2'007.
. Commissioner Sackett nominated David Leavitt of A-1 Assets of Florida,
215 Pineda Street, for the Business Person of the Month Award for
' September 2007. Nomination can~ied by a unanimous voice vote.
B. District #1 Nomination of the Business Person of the Month Award
for October, 2007.
Mayor Maingot nominated Vinny Essa of Cafe Paisano, 182 West State
Road 434, for the Business :Person of the Month Award for October 2007.
Nomination carried by a unanimous voice vote...
5. BOARD APPOINTMENTS.
A. District #3 Nomination to the Parks and Recreation Advisory Board.
Deputy Mayor Holt nominated Van Olvey, 1320 South Grant Street, to the
Parks and Recreation Advisory Board. Nomination carried by a
unanimous voice vote.
6. PUBLIC INPUT.
A. Presentation of the Fireman's Fund Heritage Grant.
David Rodgers, Fireman's Fund Insurance Company, said they were here
to award a $19,225 grant to the Longwood. Fire Department for a water
rescue craft and emergency transport cart. He said the Fireman's Fund was
started in 18.63 with a mission to support local fire departments. Since the
programs inception in 2004, the Fireman's Fund Insurance Company has
awarded over $15 million to local fire departments throughout the United
States. He thanked J. Rolfe Davis for their participation in the grant and
CC 09-11-07/273
for finding a great home in the Longwood Fire Department for these
funds. He introduced Mr. John Turner with J. Rolfe Davis.
John Turner, President, J. Rolfe Davis, thanked the Commission for the
opportunity to be here and .give back to the community. He said when they
look at where they can give these grants; they look at where it can be most
meaningful.
Chief Mooney thanked J. Rolfe Davis and the Fireman's Fund for the
generous grant. She said the primary objective of the Longwood Fire
Rescue Department was to maintain a state of the art emergency response
force capable of handling a wide range of situations. She affirmed the
purchase of the water rescue craft and emergency transport cart would
assist the department in achieving this objective.
A check was presented to the City Commission and Chief Mooney, and
pictures were taken of the presentation.
B. Public Participation.
Connie Adams, 279 East Jessup Avenue, said she' was wondering if the
City had any final plans for the railroad station area.
Ms. Roper advised Ms. Adams had an appeal with the. Codes Enforcement ~
Board that was ongoing and in litigation. She cautioned these matters
could not be discussed.
Mr. Drago advised nothing has been finalized at this time. He said there
have been numerous meetings with FDOT regarding this matter.
Ms. Adams said she obtained information from the website
v~~vw.cfi•ail.com and inquired how accurate. the information was.
Mr. Drago advised the drawings were only conceptual and not necessarily
what would be there.
Commissioner Bundy said one of Ms. Adams major concerns was that the
original site targeted for the. station was where her house was located.
Ms. Adams said other property owners have been approached by a holding
company and she wondered how this worked. in the .scheme of things.
Mayor Maingot advised the State would be doing assessments of the
property and the City would not be involved.
Commissioner Bundy said the City was not involved with any holding
companies and the State would not be utilizing a holding company to ~~
CC 09-17-07/274
acquire property. He said they would acquire property through the right of
eminent domain.
Mr. Drago said if any goverrmleni: was .going to take the property they
would go directly to the owner to purchase or acquire through legal
proceedings:
Commissioner Sackett advised this private company approached him
regarding a home he owns in the area and it was a private company trying
to purchase a cluster of homes.
Commissioner Bundy said ~:he would have the right to sell her property or
not sell the property to anyone she. may choose. The only way she could
not refuse would be througlx eminent domain.
7. CITY ADMINISTRATOR'S REPPORT'.
Mr. Drago reported they would be meeting with each Department Head and
assign maintenance duties relative to their vehicles.
8. MAYOR AND COMMISSIONElE2S' REPORT.
District #2. Commissioner Anderson expressed his appreciation for the
notification on Reiter Park. He reported he attended the Florida League of Cities
Finance Committee and the Legislature would be meeting to discuss budget cuts.
He said it would apparently be on next year's agenda to establish absolute
financial caps. He said the League has done a good job of communicating to the
Legislature that the ad valorem taxe;s do n.ot pay for the fiill cost of police and fire,
as well as other things the cities do. He said the City had removed three positions
in the budget and he expressed a desire to do what they could to take care of the
employees.
District #3. Deputy Mayor Holt th~anlced the Police Department for the
September 11th ceremony. He inquired if the Commission would be following up
regarding the Visual Improvement Award.. He gave an example of the VFW, the
old Auction Business, and other bu:>inesse;s that have made improvements.
Mr, Drago said he would do some research regarding who would nominate and
determine who would receive the award. He stated .the Commission could
nominate any business deserving of the a`vard.
Commissioner Bundy said this was a good idea, but he recommended it not be a
monthly award. He said they have done this in the past and it was called the
Longwood Beautification Award.
District #4. Commissioner Bundy reported he attended the Municipal Services
meeting with the Florida League of Cities. They received a report outlining some
of the proposed budget cuts. He said some of the funding would be made up with
different project grants. He said they toucaed on a Resolution regarding
CC 09-~17-07/275
affordable housing and he would be bringirig this forward. He said he spoke to
Mr. Sizemore regarding this and it could be incorporated into the Evaluation and
Appraisal Report.
District #~. Commissioner Sackett said he distributed information regarding his
attendance at the Florida League of Cities Conference. He discussed the Urban
Planning Council and said the Harris Act was very informative. He said they meet
again in October. He said they had a session on growth management and stated
Longwood was up to par with this. He said water supply issues were coming
forward by 2013.. He stated 52% of Lake County's water consumption was by
wells. He said more cities were dropping their recycle programs. He stated he
read in the newspaper that the annua158,000 people that have been coming to
Florida was reduced to 500 last year. He thanked those involved with the
September 11th celebration. He advised that 106 and 108 Sheridan has a drainage
problem that needs to be addressed. He said water has been standing there for
over a week.
Mr. Drago said this was in the stormwater capital element to be done this year.
Commissioner Sackett inquired if there could be a temporary fix.
Mr. Drago said the Engineer waa trying to come up with a plan to address the
issue at this intersection. He said the biggest problem was that the area was
completely flat and .solving one problem creates another.
Commissioner Sackett thanked Ms. Meli for going to a meeting with him at
Lyman High School regarding the pool. He said they were crafting something
forward. He stated Senator Constantine was very much in favor.
District #1. Mayor Maingot reported on September 10th he attended the
Longwood Chamber of Commerce meeting and they discussed the Chamber's
Inaugural Program for October 9th. He said information has been placed in the
Illz~fnincztions and a flier would be developed by the Longwood Chamber of
Commerce and circulated in the water bills. He said Mr. Drago has agreed to two
large outdoor signs; one outside the Pic'n Save, as of October 1St to promote the
event. He did a presentation on September 12th at the PBS meeting regarding the
State of the City. He said his focus was on the Comprehensive Plan Amendment,
the City's new vision and the adoption of the Design Guidebook. He attended the
Mayor and Managers' meeting on September 13th where Hometown Democracy
was discussed. He stated he and Mayor Bush would be working with Ryan Hold
to develop a program for public meetings. He reported at an earlier meeting on
August 23`d, Chairman Henley proposed the formation of a Property Tax
Amendment Public Awareness Committee. This committee will hold the first
meeting September 21, 2007.
Mayor Maingot said somewhere down the line there had been some ~
miscommunication between Chairman Henley and Doreen Downs regarding the
Longwood Commuter Station that he had to deal with this past weekend. He
CC 09-17-07/276
advised there will be a meeting on Mond~~.y, September 24~' with all parties
I coming together to review areas of concern. Ms. Downs has asked that he be
involved with fu"tore discussions where FDOT was involved with Elie Commuter
Rail Station. He discussed this with Mr. Drago and told FDOT he would need the
concurrence of the Commissioners to work in the best interest of the City.
It was the consensus of the Commission i:hat Mayor Maingot attends these
meetings.
9. CONSENT AGENDA.
A. Approve Minutes of. the September 5, 2007 Regular Meeting.
B. Finance Division of the Financial Services Department recommends
payment of approved and estimated bills for September 2007.
C. Finance Division of the Financial Services Department recommends
approval of the Monthly I~inanc:ial Report for August 2007.
D. Streets/Fleet Division of the Public Works Department recommends
the City Commission approve a change order with Sepe Tree Service
(BID # 08-06) in the amount of.~20,000 for professional tree service
and authorize the City Administrator to sign all appropriate
documents.
E. Utilities Division of the Public Works Department recommends the
City Commission approve award ofBid 14-07 Annual Requirements
for Water and Sewer Materials to HD Supply Inc. and Ferguson
Waterworks as suppliers for water and sewer materials for the fiscal
year, authorize purchase orders for each and authorize the City
Administrator to sign all appropriate documents.
F. The Recreation Division of the l~ommunity Services Department
recommends the City Commission approve a purchase order to Rep
Services, Inc. for the purchhase and installation of one shelter, site
furniture and playground equipment at Shadow Hill Park and site
furniture and playground equipment at Highland Hills Park for
$123,597.72 and authorize the City Administrator to sign all
appropriate documents.
G. The Community Development Ilivision of the Community Services
Department recommends the Ciity Commission approve a purchase
order to Sandhill Homes, Inc., fior the Overstreet Street
Improvements Project in 1:he amount of 525.1,733.80 and authorize the
City Administrator to sign all appropriate documents..
~'' H. The Community Development Ilivision of the Community Services
Department recommends the Ciity Commission award a contract for
the Orange and Pasadena Avenue Street Improvements Project to
CC 09-17-Oi'/277
Superior Asphalt of Central Florida in the amount of $1,441,461.10
and authorize the City Administrator to sign all appropriate ~
documents.
Deputy Mayor Holt moved to approve the Consent Agenda as
submitted. Seconded by Commissioner Anderson and carved by a
unanimous roll call vote.
10. PUBLIC HEARINGS (PART 2)
C. The Finance Division of the Financial Services Department
recommends City Commission read by title only and adopt Ordinance
07-1849 which amends the Fiscal Year 06/07 Budget.
Ms. Roper announced having proof of publication for this and all public
hearings on the agenda. She then read Ordinance No. 07-1849 by title
only.
Mayor Maingot opened the public hearing. No one spoke in favor to the
Ordinance.
The .following spoke in opposition to the Ordinance:
Connie. Adams, 279 East Jessup Avenue, said they have maintained East
.Jessup Avenue since living there and inquired if within the Fiscal Year ~;,
Budget the City could take over the maintenance of the road.
Mr. Drago said the driveway was not officially open for public use. He
inquired what type of maintenance she was looking for.
Ms. Adams said. she was looking for mowing.
Mr. Drago said this could be added to the mowing contract. He advised
Mr. Smith to have this area added to the mowing contract.
Commissioner Sackett moved to close the public hearing.
Seconded by Commissioner Anderson and carried by a unanimous
voice vote.
Commissioner Anderson moved to adopt Ordinance 07-1849.
Seconded by Commissioner Sackett and carried by a unanimous
roll call vote.
D. City Administrator recommends the City Commission read by title
only and adopt Ordinance No. 07-1841 which grants aNon-exclusive
Franchise for the collection of commercial solid waste to Container
Rental Company, Inc. ~
Ms. Roper read Ordinance No. 07-1841 by title only.
CC 09-17-07/278
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
i
Commissioner Sackett moved to close the public hearing.
Seconded by Deputy Nlayor Holt and carried by a unanimous voice
vote.
Commissioner Anderson moved to adopt Ordinance 07-1841,
Seconded by Comm:issionf;r Sackett.
Mr. Drago said Ms. Mirus inquired if on page 5 the Ordinance should. be
changed from "Finance Division" to "Finance Department". He said when
looking at the organizational chart of the budget the name of the
Department is Financial Services and the Division is Finance so this was
accurate.
Commissioner Bundy said the language was still in the Ordinance stating
they must make application within 60 days and he wanted to make sure
they were straight on this la~lguage.
Mr. Drago advised if they give the application on September 30th it still
_ would need to be approved by the Commission in October and if denied it
would be over.
Motion carried b a unanimous roll call vote.
Y
E. City Administrator recommends the City Commission read by title
only and adopt Ordinance No. 07-1.842 which grants aNon-exclusive
Franchise for the collection of commercial solid waste to Metro Waste
Services.
Ms. Roper read Ordinance rdo. 07•• 1842 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance,
Commissioner Sacke>tt moved 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. 07-1842, as
presented, Item 10 E. Seconded by Commissioner Sackett and
carried by a unanimous roll call vote.
F. ~ City Administrator recommends the City Commission read by title
only and adopt Ordinance No. 07-1843 which grants aNon-exclusive
Franchise for the collectionz of commercial solid waste to Orlando
Waste Paper Company, Inc.
CC 09-17-07/279
NIs. Roper read Ordinance No. 07-1843 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Sackett moved to close the public hearing.
Seconded by Commissioner Anderson and carried by a unanimous
voice vote.
Deputy Mayor Holt moved to adopt Ordinance No. 07-1843, as
presented, Item 10 F. Seconded by Commissioner Anderson and
carried by a unanimous roll call vote.
G. City Administrator recommends the City Commission read by title
only and adopt Ordinance No. 07-1844 which grants aNon-exclusive
Franchise for the collection of commercial solid waste to Republic
Services of Florida, Limited Partnership.
Ms. Roper read Ordinance No. 07-1844 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
~;
Commissioner Sackett moved to close the public hearing. ~,'
Seconded by Commissioner Anderson and carried by a unanimous '
voice vote.
Commissioner Anderson moved to adopt Ordinance 07-1844.
Seconded by Deputy Mayor Holt. and carried by a unanimous roll
call vote.
H. City Administrator recommends the City Commission read by title
only and adopt. Ordinance No. 07-1845 which grants aNon-exclusive
Franchise for the collection of commercial solid waste to Veolia ES
Solid Waste Southeast, Ine.
Ms. Roper read Ordinance No. 07-1845 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Sackett moved to close the public hearing.
Seconded by Deputy Mayor Holt and carried by a unanimous voice
vote.
Commissioner Anderson moved to adopt Ordinance 07-1845. ~i
Seconded by Commissioner Bundy and carried by a unanimous
roll call vote.
CC 09-17-07/280
I. City Administrator recommends the City Commission read by title
only and adopt Ordinance No. 0~7-1846 which grants aNon-exclusive
_~ Franchise for the collection of commercial solid waste to Waste
Management, Inc. of Florida.
Ms. Roper read OrdinanceNo. 07-1846 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Sackett moved to close the public hearing.
Seconded by Commissioner Anderson and carried by a unanimous
voice vote.
Commissioner Sackett moved to adopt Ordinance No. 07-1846, as
presented, Item 10 I. Seco~ided by Commissioner Bundy and
carried by a unanimous roll call vote.
J. • City Administrator recommends the City Commission read by title
only and adopt Ordinance No. 07-1847 which grants aNon-exclusive
Franchise for the collection of commercial solid waste to Waste Pro of
Florida, Inc.
Ms. Roper read Ordinance No. 07-1847 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Sackett moved to close the public hearing.
Seconded by Deputy Mayor Holt and carried by a unanimous voice
vote.
Deputy Mayor Holt :moved to adopt Ordinance No. 07-1847, as
presented, Item 10 J.. Seconded by Commissioner Sackett and
carried by a unanimous rota call vote.
K. City Administrator recommends the City Commission read by title
only and adopt Ordinance No. 07-1848 which grants aNon-exclusive
Franchise for the collection of commercial solid waste to Waste
Services of Florida, Inc.
Ms. Roper read Ordinance NNo. 07-1848 by title only.
- Mayor 1Vlaingot opened the. public hearing. No one spoke in favor or in
opposition to the Ordinance.
CC 09-17-07/281
Commissioner Sackett moved to close the public hearing.
Seconded by Deputy Mayor Holt and carried by a unanimous voice
vote.
Commissioner Sackett moved to adopt Ordinance No. 07-1848, as
presented, Item 10 K. Seconded by Commissioner Anderson and
carried by a unanimous roll call vote.
L. The Community Development Division of the Community Services
Department recommends the City Commission read by title only and
adopt Qrdinance No. 07-1825, which amends the City Comprehensive
Plan (CPA 01-07).
Mr. Sizemore advised this was the first of the non-exempt 2007 cycle
Comprehensive Plan Amendments. He said there were two parts to the
amendment, the first part being a text amendment which creates new
mixed use land use districts,, Village Mixed Use, Transit/Corridor Mixed
Use, Artisan Mixed Use, Gateway Mixed Use, and also changes the name
of the downtown to Neighborhood Mixed Use ,and creates a separate
Historic Land Use as opposed to the Overlay District. This amendment
went to the Land Planning Agency on April 11, 2007 and came before the
City Commission on May 7, 2007 from where it was forwarded to the
State Department of Community Affairs (DCA) for their review. DCA
reviewed the amendment and returned a statement of objections,
recommendations, and comments. He advised there were no objections or
comments to the text amendment portion. The only comments received
were from the Florida Department of Transportation (FDOT) on the map
amendment portion, which is part two of the amendment for 881 West
Warren Avenue. This proposal is to change a parcel designated General
Commercial to Village Mixed Use. He said the comments by FDOT were
addressed by the transportation engineer hired by the applicant. Any
remaining items through conversation with DCA were. worked out through
a response from the City that included information on efforts of
multimode transportation plans, the efforts of the Seminole County Board
of County Commissioners to create a bus line that runs down State Road
434 and the Commuter Rail Station. Revisions were transmitted to DCA in
response to their comments and it vas indicated these would be
acceptable. These were incorporated into the amendment before the
Commission at this time. He advised if the Commission approves this
amendment, it will be transmitted to the State Department of Community
Affairs requesting an expedited Notice of Intent.
Ms. Roper read Ordinance No. 07-1825 by title only.
Deputy Mayor Holt inquired if the page with the red ink revision was a
site plan. He stated it was too small to read.
CC 09-17-07/282
Mr. Sizemore advised this was the transportation study and this page was
I in the original package. He said the revisions made were in the body of the
_~ amendment starting on page 12 o:F the data analysis package going through
transportation issues and then within the body of the Boyer Singleton
document that contained small m;rthematical errors.
Commissioner Bundy said the transportation concurrency problem they
were going to have would be with Winter Springs developing over 5;000
townhome units. He said the, road was going to be at maximum capacity
and it would impact the City of Longwood as they take State Road 434 to
access I-4.
Mayor Maingot opened the. public; hearing. Thee following spoke in favor
to the Ordinance:
Connie Adams, 279 East Jessi.ip ~wenue, said she attended the Land
Planning Agency meeting and encouraged moving forward with the
planning.
Mayor Maingot said the entire vi..ioning process in Longwood began in
1999 and they have asked fir the public to be involved. He stated this
Commission was proactive and mindful of the community.
No one spoke in opposition to the Ordinance.
Commissioner Sackett moved to close the public hearing.
Seconded by Commissioner Anderson and carried by a unanimous
voice vote.
Commissioner Anderson moved to adopt Ordinance 0.7-1825.
Seconded by Commissioner Sackett and carried by a unanimous
roll call vote.
M. City Administrator recommends the City Commission read by title
only and adopt Resolution No.'07-1178 adopting a Five Year Capital
Improvement Program for the fiscal Years 2009, 2010, 2011, 2012
and 2013 pursuant to the requirements of Section 6.07 of the City
Charter.
Ms. Roper read Resolution ~No. 0 7-1178 by title only.
Mayor Maingot opened the public hearing. The following spoke in favor
to~the Resolution:
Connie Adams,. 279 East Jessup ~wenue, inquired about the legalities of
~ this five-year capital improvement plan and if there were any
repercussions.
CC 09-17-Oi'/283
Mr. Drago said there were no repercussions. He explained it was a
planning document for capital programs. ~'
Commissioner Anderson advised the Charter requires the City to look at
the Capital Improvement Program -and plan for the next five years.
Ms. Adams said the rendering showed her property being a park.
Mr. Drago advised the rendering only dealt. with the parks or property the
City currently owns.
No one spoke in opposition to the Resolution.
Commissioner Sackett moved to close the public hearing.
Seconded by Deputy Mayor Holt and carried by a unanimous voice
vote.
Deputy Mayor Holt moved to adopt Resolution No. 07-1178, as
presented, Item 10 M. Seconded by Commissioner Anderson and
carried by a unanimous roll call vote.
11. REGULAR BUSINESS.
A. Mayor John C. Maingot recommends the City Commission read by
title only and adopt Resolution 07-1181 opposing an amendment to
the Florida Constitution that would force voters to decide all changes
to a city or county's comprehensive plan.
Ms. Roper read Resolution No. 07-1181 by title only.
Mayor Mangot said the Commission was very familiar with Hometown
Democracy and what this means for the City. He stated the City of Winter
Springs and others have. adopted resolutions in opposition to Hometown
Democracy.
Commissioner Anderson moved to adopt Resolution 07-1181.
Seconded by Deputy Mayor Holt.
Commissioner Anderson said he would support this Resolution. He said
this would be the Florida Hometown Democracy and with that nothing
could get done uriless everyone from the City showed up to vote on
approximately 80% of the business that comes before the cities. He said
this was not what the citizens have chosen in the past. They have chosen
representative form of government which is how we are set up and the
only way local governments can function. He reiterated he~ supports this
and hopes the citizens will turn it down.
CC 09-17-07/284
~ Mayor Maingot said a lot of people were getting together to educate the
public. He said he had written several letters and sent copies of the City's
i CAPP program that addresses the need for public participation.
Commissioner Sackett saidl he likes the idea for the Resolution, but he was
not formally interested in the dialogue of the Resolution itself. He said it
seems to be emotionally charged and more subjective rather than
objective. He said there was editing he would like to see done rather than
using powerful emotionally charl;ed words like "grave threat". He said the
overall goal was the body of the Resolution itself and the explanation did
not need so many "Where As".
Commissioner Bundy said he understands what Commissioner Sackett
was stating. He stated they have to be extremely careful in anything they
do to impact the voters in that they can only provide information. He said
they could spend tax dollars to inform the public, -but they could not spend
tax dollars to influence the public. He stated he was in support of the
Resolution, but perhaps they needed to look.at this more. objectively.
Commissioner Anderson said they could take a,stand whether certain
things were or were not beneficial. He said the fundamental issue was that
if this should pass, it is a change of the stnicture of local government in
~ the State. He said this was more of a fundamental abandonment of
representative government.
Commissioner Sackett recormnen.ded deleting the first, seventh, and eighth
"Where As".
Commissioner Bundy suggested Commissioner Sackett come up with
some proposed verbiage and have: the Attorney review the wording.
Commissioner Bundy moved~to table Resolution 07-1181 to the
next meeting.. Seconded by Deputy Mayor Holt and carried by a
unanimous roll call vote.
12. CITY ATTOR]\TEY'S REPORT. Ms. ].toper thanked the Commission for their
support in allowing her to act as the City Attorney on a permanent basis.
Ms. Roper reported in regards to the Assured Appliance right-of--way issue, the
Commission had directed her to write a letter to Mr. Taylor, the Bernard's
Attorney, instructing him to either sign tlce right-of--way agreement as written, or
indicate the City would block the right-oi:=way. She advised she received a faxed
letter from ~Mr. Taylor on Friday, September 14th and she did have one discussion
with him prior thereto. She said the letter has indicated he has asked his clients to
remove the dumpster as well as any appliances in the right-of--way. He also
brought up an issue to an additional right~•of--way on adj acent property. She spoke
to Mr. Kornbluh regarding this matter and received additional information from
Mr. Sizemore. She said her main concern is that he was asking the City not do
CC 09-17-Oi'/285
anything regarding the right-of--way at this time until Mr. Taylor looks into the
right-of--way situation for his clients regarding how many feet it involves. She ~
said he has indicated that he believes if the City blocks this it would be considered '
inverse condemnation. She stated she was not sure she agreed with this, but would
like the Commission to forestall blocking the right-of--way until the next
Commission meeting so she. can check into this matter. She said she would
assume his argument would be that the property would become blocked and there
would be no .access.
Commissioner Bundy said he had no problem providing the additional time. He
stated they do have a driveway between the other two properties.
Deputy Mayor Holt said he did not have a problem with providing more time.
Mayor Maingot said he would not go along. with this request of doing nothing. He
said this matter has been going back and forth and the City has been very lenient
in dealing with this situation.
Commissioner Bundy said he would defer to the City Attorney to do the research,
but provided Mr. Taylor's clients remove these items. He stated they had not been
removed as of this evening.
Ms. Roper said Commissioner Sackett had brought up the sign issue and the Burt
Harris Act.. She stated there was a renowned attorney in Jacksonville whose
specialty. was signage. She said she would be contacting him this week to see
what documentation she can obtain from him to provide to the Commission prior
to the signage corning back.
13. CITY CLERK'S REPORT. No report.
14. ADJOURN. Mayor Maingot adjourned the meeting at 9:06 p.m.
ATTEST
C - ~~~~
Sarah M. lY~.arus, CMC
City Clerk
CC 09-17-07/286