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CCMtg02-04-08Min LONGV~OOI~ CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida li'I:[NU7'ES FEBRLJAR~.' 4, 2008 7:00 P. M. Present: Mayor John C. Maingot Deputy Mayor H.G. "Butch" E~undy, Jr. Commissioner Brian D. ;3ackett Commissioner Dan Anderson Commissioner Mike Holt Teresa S. Roper, City Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleet Richard Korntiluh, Division Manager of Utilities Laurie Mooney, Fire Chief ' Ryan Spinella, Executive Assisi:ant Tom Jackson, Police Chief Paul Sizemore, Director of Community Services Cindy Carbonell, Fire Department 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 ANNOUNCEMIENTS. M .Mirus read the following announcements: A. Movie in the Parl: will be held un February 15, 2008 beginning at 7:00 p.m., Candyland Park, 559 Longdale Avenue. This month's feature is Sccf f s Up. B. "Medicare 101 Healthcare Professionals will be conducting this Medicare information session, which will beheld on February 16, 2008 from 2.:00 p.m. to 4:00 p.m., Longwood Community Building, 200 West Warren Avenue. Please rsvp to the Community Services Secretary by February 8, 2008. ~ C. ABh~e Grass Pickin' will. be held on February'16, 2D08 from 7:.00 p.m. until 10:00 p.m., Longyvorrd Community Building, 200 West Warren Avenue. CC 0.2-04-08/27 D. Highway to Health- National Heart Month Seminar will be held on ~ " February 18, 2008 from 11:00 a.m. until 1:00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS. A. District #5 Presentation of the Business Person of the Month Award for February 2008 to Donna Lamb of AAA Trophies, Inc. located at 460 North Ronald Reagan Boulevard, Suite 166. Commissioner Sackett read a brief biography on Donna Lamb of AAA Trophies, Inc., and presented her with the Business Person of the Month plaque. Photographs were then taken. B. Presentation of the 28th Annual JOY (Juvenile of the Year) Awards. Mayor Maingot read the history on the JOY Awards and reviewed the requirements. Mayor Maingot, Deputy Mayor Bundy, Commissioner Sackett, Commissioner Anderson, and Commissioner Holt rotated in reading brief biographies on the following students. Each "student was presented with a framed certificate.. Photographs were then taken. Davonte Petty Altamonte Elementary School Ashley Spiegel Choices In Learning Charter School ~ t Lenarvia-Dixon Greenwood.Lalces Middle School Austin Mura Highlands Elementary School Alex Manikowski Lake Mary High School Dante Whitty Longwood Elementary School Shonte Ervin Lyman High School Jeffrey Kaylor Ml~vee Middle School • Shaundrea Wai°e. Rock Lake Middle School Jordan Marshall Woodlands Elementary School 5. BOARD APPOINTMENTS. A. Commission nomination of a resident to the Board of Trustees for the " Police Officers' and Firefighters' Pension Trust Fund. Deputy Mayor Bundy nominated Robert Redditt, 835 Maraval Court, for reappointment to the Board of Trustees for the Police Officers' and Firefighters' Pension Trust Fund. Seconded by Commissioner Holt-and carried by a unanimous. voice vote. 6. PUBLIC INPUT. A. Public Participation. Vince Warren, 620 Chelsea Road, said an employee from Davie Tree Service was walking through Devonshire yesterday afternoon locating trees on the right-of--way. He stated hopefully this was not. for removal. ~ CC 02-04-08/28 After 22 years,. he has seen the City of Longwood cut the canopy from the road on several occasions. He declared it seems that Longwood is out of touch with. the surrounding communities that have flourished over the past several years. Last week, a tree :service from Volusia County came through and solicited several. jobs in the neighborhood. He had an encounter with them, because they had their stump grinder parked in his front yard. After asking them to remove it, he was threatened. He said they were removing healthy oaks and large pine trees in yards for no other reasons than the residents were tired of leaves in the gutter or pine needles in the yard. He stated it was a sad day to see a wonderful large live oa.k tree cut down. He affirmed we were in a time of discussion over global warming, and removing trees for cosmetic reasons should be regulated. He said the tree service mentioned pumped gallons of oil on the roads on every occasion they are there. He has called the City and the County and people came out to make an attempt to clean this up. Unfortunately, the tree service was there again on Sahu•day dumping more oil on the road after taking down more trees. He was told that it is okay for a homeowner to cut down trees on their properiy. He stated there were certain things you could not do at your home withot.rt a permit. Trees have a positive and lasting affect on the neighborhood and the environment for generations and are an asset. He said the trees should be protected for the health and well-being of firture generations. He researched arbor ordinances and had a copy of the arbor ordinance for Winter Springs. It requires a valid reason ~ and a permit to cut down a tree. He declared that Longwood needed to look into this requirement. 7. CITY ADMINISTRATOR'S RI:POR'C. No report. 8. MAYOR AND COMMISSION>E;RS' F:Ti;PORT. District #1. Mayor Maingot reported that on January l Lth, he and 1VIr-. Drago met with Dick Harkey of Representative John Mica's Office, and reviewed the concerns regarding the State Road 434 Project. He participated in a Political Taste of Seminole on January 23rd, a panel discussion about Amendment No. 1. He and Paul Sizemore made a~presentatiort on the CAPP Program to Volusia County on January 28th. On January 30th, a meeting was held with Doran Downs, FDOT District 5 Secretary, where a number of issues with the Longtivood Station, the median realignment of State Road 434, and the design of the mast arm signal at 17-92 and Church Avenue were discussed. On January 31St, Longwood hosted a Transportation Summit with nineteen (19) participants where many issues and projects were discussed including t:he Commuter Rail, widening of State Road 434, and Lynx Bus Station. On February 1St, he participated in a breakfast organized for the Seminole County Public Schools Business Advisory Board and the Foundation of Seminole County Schools Superintendent Circle. District #2. No report. ~ District #3. Commissioner Holt reported Senator Constantine held a Town Hall meeting on Wednesday, January 30, 200F~ at the Community Building. He advised CC 02-04-0,3/29 there would be a meeting by Lynx at the Community Building on `~ednesday evening, February 6, 2008 to do an overall review of transportation through the City of Longwood. District #4. Deputy Mayor Bundy reported he received a telephone call today asking for an update on Shadow Hill Park. Mr. Sizemore said Shadow Hill Park was in-this year's budget. He said he would need to speak to Ms. Meli regarding an update. Mr. Drago said the sidewalk would be extended around the park. He stated the pavilion was ordered and there were some grading issues with the playground. Deputy Mayor Bundy said the lake was also mentioned and they indicated it was in bad shape. Deputy Mayor Btmdy said he recently started taking the route towards 17-92 from his subdivision and there has been a gentleman with a fire burning in his backyard in the mornings. He stated it would be helpfiil to have a burn ordinance or policy and require a burri permit. Deputy Mayor Bundy said he would like for the City to look into an arbor ordinance again. He stated he d'id not want to intrude on property rights. He ! suggested staff look into the matter and come up with some possible. suggestions. He said it did concern him that a Volusia County business was doing damage to our roads. He suggested getting the information on this company and said if they were spilling hydraulic fluid on the roads this softens the asphalt and damages the roads. Commissioner Anderson said in light of the election and the Constitutional Amendment, he talked with the City Administrator regarding issues with the budget in the ipcoming year. He stated he would like them to formulate a plan for how they were going to approach the upcoming budget. He said the Administrator needs to take the first pass and identify what might be some possible issues. He suggested after those issues were identified to put a set of duestions to the residents reduesting feedback and what their priorities would be for the City to focus on. He stated this feedback would provide the City Administrator with information to know which direction to head. He said this would be a great opportunity to hold a Town Hall meeting to discuss issues and obtain comments from the community. Deputy Mayor Bundy said they need to air on the side of caution. He stated the sooner they get a handle on this issue, the better, Commissioner Anderson said the people have spoken. This is the direction they have asked them to go, so the City needs to ask the people for feedback and what their priorities are. ' CC 02-04-08/30 l District Commissioner Sackett said he had one item which was the January `1' I 29~'vote. He envisioned that they need t:o see what the, residents foresee as the next mission for the City. He agreed they need to survey people and how this fits into the grand scheme of things. He stat~.d, in regards to the tree issue, they needed to do something to protect; the environment and protect. the trees. Mr. Drago said Chief Jackson advised him that most of the issues Mr. Warren brought up were addressed. He stated the Department of Environmental Protection was called to handle the issue: of the oil spills. 9. CONSENT AGENDA. A. Approve Minutes of the ,Tarrua~ry 21, 2008 Regular Meeting. B. Finance Division of the F'inanciial Services. Department recommends payment of approved ani3 estimated bills for February 2008. Commissioner Anderson moved to approve the Consent Agenda as submitted. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 10. PUBLIC BEARINGS. A. The Finance Division of the Firnancial Services Department ,recommends City Commission read by title only and adopt Ordinance - 07-1860 which amends the 2007/2008 Fiscal. Year Budget. Ms. Roper announced having proof of publication. She then read Ordinance No. 07-1860 by title only. Mayor Maingot opened the- public hearing, No one spoke in favor or in opposition to the Ordinance. Commissioner Holt moved to close the public hearing, Seconded by Commissioner Sackett and carried by a unanimous voice vote. Commissioner Sackett mewed to adopt Ordinance 07-1860 amending the 20.0712008 Fiscal Year Budget, presented as Public Hearing Item. 10 A. Seconded by Commissioner Holt and carried by a unanimous roll. call vote. 11. REGULAR BUSINESS. A. The City Clerk. recommends the City Commission review the recommendations from the Charter Advisory Committee and take the action the Commission deems appropriate. Ms. Mirus said in accordance with the City Charter, the Charter Advisory Comrn.ittee was formed. They began meeting last June and convened in ~ January of this year. She stated thdir recommendations are before the City Commission for consideration. If the Commission determines any of th.e CC 0.?-D4-08/31 proposed changes should be placed on the ballot, an ordinance must be ,~I adopted. The deadline for the ordinance final adoption is Monday, July 7, 2008. Upon adoption of an ordinance, a resolution establishing. ballot language must then be prepared and approved by the Commission. She advised there were members of the Charter Advisory Committee in attendance. Deputy Mayor Bundy said Chair Durso had sent the Commission a memorandum regarding the number of firefighters. He stated when the Charter was adopted in 1997 they had 27 firefighters on staff. He said he would defer to the City Administrator, since he sits on the Fire Accreditation Board, for the standards. He said when they came up with the verbiage of "...no fetiver than..." they had 27 firefighters at that time. Mr. Drago said they felt at that time it was a sufficient number to handle calls. Since then the Commission has added additional people. He stated he did not think the number was predicated on any particular formula or recommendation. Deputy Mayor Bundy said he was sure there were some standards in place. He stated it couldn't be strictly based upon population. He wants to make sure the number was based on a professional criteria or standard. lv1i~. Drago said at the time, the'staffing was so many people on an engine ' and so many people on a rescue. Since then the protocol has changed and ~ additional firefighters have been added. When Chief Mooney took office she examined staffing from the protocol requirements and asked for additional staffing. He said this was predicated on three people on an engine, two people on a rescue, and a spare. He stated all the other cities have the same protocol. He said there was an expectation, with the f rst .responder system, that all cities would have similar staffing. He stated there was some modeling being worked on, and once completed they would be able to determine the level of risk in the community and costs associated with response times. Mayor Maingot suggested 1VIs. Mirus read the amendments and the Commission vote on each one as they go forward. Ms. Mirus read the recommendation for Section 4.04 -Appointment of City Administrator; Qualifications; Compensation, as follows: Th'e City Commission by a three-f~fths (3/51 majority shall appoint a City Administrator for an indefinite term and fix his or her compensation. The Administrator shall be appointed on the basis of executive and administrative qualifications which qualifications will be set forth more frilly in an ordinance. Commissioner Anderson said they could not appoint the City Administrator without a majority vote. `-'J CG 02-04-08/32 Commissioner Sackett said this 'was redundant. He suggested it state by a majority vote... "that they did not need the three-fifths (3/5). Commissioner Anderson said th~~ last time they came through this process, the one issue they faced was thai; they had to be very careful what goes before the voters. He stated they should put the amendments that are important and real change items. He said they faced the challenge that a lot of the items could be stated better. However, they did not have an answer for the procedure t:o change these. He suggested they gain a consensus on each one an;~ then make a motion regarding which amendments they would like to move forward. It was the consensus of the Commission to add the language- by a majority vote... " to Section 4.04. Ms. Minis read the recommendation for Section 5.01(a) -General Provisions, as follows.: (a) Creation. of Departments. The City Commission may by ordinance establish City Departments in addition to those created by this Charter and may prescribe the functions of all departments except that no function assigned by this Charter, to a particular department or office may be discontinued or, unless this Charter specifically so provides, ;~s-s-ign assmled to any other office or ~ department. Commissioner Sackett said this was a grammar change and it should not have the word "or"following the word discontinued. It should have the word "nor It was the consensus of the; Commission to amend Section 5.01(a) as recommended as well as change "or" to "nor" following the word discontinued. Ms. Mirus read the recomrnendai:ion for Section 8:01(a) -City Elections, as follows: (a) Regular Elections. The regular City election shall be held on the first Tuesday after the first Monday in November of each election year. Deputy Mayor Bundy said the establishment ofahree districts in one year, two in the following year, and th~~ third year being off was. covered under the section for districts. Commissioner Sackett. said he would like to hear from the Committee as ~ to what the thinking was behind i;his change.. Joseph Durso, 301 Tullis Avenue, said. the basic reasoning behind this recommendation was due i:o the way the City elections fall. CC 02-04-08/33 Commissioner Anderson said it was a good clarifying word since the City ~ did not hold an election each year. It was the consensus of the Commission to insert the word "election Ms. Mirus read the recommendation for Section 8.04(b) -Elections, by deleting the. current paragraph (b) and follow Florida Statute 100.181,. as follows: (b) In the event of a tie vote at a City Election. the .City of Longwood will follow Florida Statutes 100.181. Ms. Mirus said this was something she brought up to the Charter Advisory Committee. She stated the current verbiage for a tie vote would not allow for early voting in a "run-off election" or the mailing of absentee ballots overseas. Deputy Mayor Bundy said in this case they were obligated to follow the State Statutes as they would take precedence. . It was the consensus of the Commission to accept the recommendation. ' Ms. Mirus read the recommendation for Section 9.04(a) -Petitions, as follows: ~(a) Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least ~ ' frft~ t~~~enty percent. r'~ 20% of the total number of qualified voters registered to vote. Commissioner Anderson said this was a substantive change and should go forward, as well as the following recommendation. Commissioner Sackett said he would recommend this change going before the voters. Discussion was held regarding the next recommendation for Section 10.01(b) of going from ten percent (10%) to twenty percent (20%) as follows: Section 10.01(b) -Charter Amendments. (b) Initiation by Petition. The voters of the City may propose amendments to this Charter by petition signed by at least rivent percent {-lam} 2~0%) of the total number of qualified voters registered to vote in the City of Longwood. Deputy Mayor Bundy said this would make it a little more difficult and people would be-less apt to take something frivolous. It was the consensus of the Commission to put forward the recommendations for Section 9.04(a) and Section 1-0.Q1(b). ~ CC 02-04-08/34 Discussion was held regarding the recommended amendments and which recommendations to put forward. It was the consensus of the Commission to put forward the recommendations for Sections 4.04, 8.04(b), 9.04(a), and 10.01(b) a_t this time and Sections 5.01(a) ,and 8.41(a) the next time. ~ - _ Deputy Mayor Bundy suggested Ms. Minis remind the .Commission next year to consider Sections `~.01(a) and 8.01(a) for the next regular election. Deputy Mayor Bundy mewed to bring forward the Charter revisions to be placed on the ballot, the amendments for sections 4.04, 8.04(b), 9.04(a) and 10.01(b). Seconded by Commissioner Sackett. Commissioner Anderson clarified they were voting on the insertion of by a nsczjority vote... "for Section 4.04. Motion carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. Ms. Roper reported they received from the Florida Department of Transportation a 2Jotice of Hearing, Summons. to Show Cause and a Declaration of Taking; regarding properties listed along the 434 ~ corridor. She said a hearing was set for 3:00 p.m. on March 6, 2008. She spoke with Mr. Drago and Mr. Sizemore and it does not appear the City is affected by any of the properties listed. Mr. Drago said all of the properties listed on 434 were privately owned. Ms. Roper advised the City has been identified as a Respondent and will be required to appear at the hearing and move forward with it. She said she. expected there would be further Notices of Healing and this would eventually directly affect the City of Longwood. She stated they have contacted Kurt Andaman, an Attorney that specializes in eminent domain. She requested the Commission's permission to place him on an advisory basis. Mr. Drago said this firm serves Altamonte Springs, Seminole County, and others along 434. . It was the consensus. of the Commission ;:or Attorney Kurt Andaman to be placed on an advisory basis. 13. CITY CLERK'S REPORT. No :report. CC 02-04-08/35 14. ADJOURN. Mayor Maingot adjourned the meeting at 8:5.0 p. - . ~ f o n 'got, ayor ATTE Sarah M. Mirus, CIVIC City Clerk i CC 02-04-08/36