CCMtg03-03-08Min ]LONGWOOD CITE' COMMISSION
Lon ood Ci Comnnission Chambers
lam' ~
175 West ~Varr•en Avenue
Longwood, Florida
MINUTES
March 3, 2008
7:00 P.:VI.
Present: Mayor John C. Maingot
Deputy Mayor H.G. "Butch" Bundy, Jr.
Commissioner Brian D. Sackett
• Commissioner Dan Anderson
Commissioner Mike Holt
Donovan A. Roper, City Attorney
John J. Drago, City Administr;itor
Sarah M. Mirus, City Clerk
Tom Smith, Division Manager of Streets/Fleet
Don Castner, Fire Marshal
Cindy Carbonell, Fire Department
' - Tom Jackson, Police Chief
Paul Sizemore, Director of Cormunity Services
1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:02 p.m.
2. A moment of SILENT MEDITATIOhI was followed by the.PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. Ms. Minis read the following
announcements:
A., Annual Easter Egg Hunt will be held on Saturday, March 15,2008
from 9:00 a.m. unti111:00 a.m., Candyland Park, 599 Longdale
Avenue.
B. "Need Answers"- a panel of Industry Professionals will be available
for questions and answers concerning pertinent senior issues, which
will be held on Saturday, March 15, 2008 from 11:00 a.m. unti12:00
' p.m., Longwood Community Building, 200 West Warren Avenue.
C. A Blne Grass Pickin' will be helld on Saturday, March 15, 2008 from
7:00 p.m. until 10:00 p.m., Lon;;wood Community Building, 200 West
~ Warren Avenue.
~ D. NutYition Seminar- DieticianlNutritionist `vill be speaking at this
session, which will be held on Monday, March 17, 2008 from 11:00
a.m. until 1:00 p.m., Longwood Community Building, 200 West
Warren Avenue.
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4. RECOGNITIONS.
A. District #1 Presentation of the Business Person of the Month Award
for March 2008 to Bill Byrd, M.D. of Family Physicians of
Longwood/Winter Springs, located at 500 East State Road 434.
Mayor Maingot read a brief biography on Bill Byrd, M.D. of Family
Physicians ofLongwood/Winter Springs, and presented him with the
Business Person of the Month plaque for March 2008: Photographs were
then taken.
5. .BOARD APPOINTMENTS.
A. District #2 Nomination to the Land Planning Agency.
Commissioner Anderson nominated Bruce Noyes, 301 Ferdinand Drive,
for reappointment to the Land Planning Agency. Nomination carried by a
unanimous voice vote.
6. PUBLIC INPUT.
A. Public Participation.
Dan McCoy, 137 East Maine Avenue, said they were cited by Codes
Enforcement in April or IVTay of last year for having high weeds along the
side of his house. He stated he cut it down with a brush. cutter and Codes
Enforcement reinspected and said it looked great. He reviewed some ~
pictures and said since that time he has done his best to keep it cut as close
to the ground as he can. Unfortunately, the open lot next door is not doing.
anything and there is fifteen to ttiventy feet of overgrowth along side of his
property that is eight to ten feet tall. He said on ttivo occasions he spoke
with Codes Enforcement to ask if the Code was different for commercial
and residential. He was informed it was not. He stated the last time he
spoke with them was five months ago and nothing was being done with
the property. He said he was here because Codes Enforcement does not
seem to want to cite the person who owns this property. He was told on his
notice that this was a haven for wildlife and rodents. He asked that this
please be addressed so to make a difference with the rodent problem.
Simboonath D. Bhagwandass, 585 North Wayman Street, said he was here
because he had a Stop Work Order at his house. In the past, he has had
permitting issues with the Building Division. He said an Inspector came
out to do an inspection that was not called in. He stated he had called for
two separate, inspections, one for a rough plumbing inspection that was
passed. He also called for a slab and footer inspection that was also passed
to go to the next phase of the constriction. He said he now has vested.
rights into the permit and the constriction. He declared the solution was to
reinstate his permit without his having to go through legal matters to get
this issue sorted out. He stated, at present, his roof was dismantled; and as
the weather comes, it will create more damage. He would like this matter
to be resolved.
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Mayor Maingot said his concerns have been duly noted and would receive
~ the appropriate attention.
7. CITY ADMIN)<STRATOR'S REPORT.
. Mr. Drago said at a prior Commission meeting the Commission requested a
Workshop with the County relative to some issues on State Road 434 and the road
widening. The County has responded in. an e-mail stating they were willing to
meet on Tuesday,. March 25, 2008 at 4:00 p.m. after a County Commission
. meeting. He stated Ms. Coto specifically asked that the City provide specific
issues to be placed on the agenda. She ~~ent on to say whatever specific issues that
were contained in Mayor Maingot's lettf;r to the County Commission would be
addressed in written correspondence. He inquired what issues the Commission
desired to discuss with the County at this meeting.
Deputy Mayor Bundy said unless they get some movement on State Road 434,
this does need to be included in the. Work Session. He stated one issue he has
discussed with Mr. Drago was regarding moving forward with the Commuter Rail
Transit Station. They need to have a way to have some linkage, with that section
of~town, to the Historic District. He said Larry Adams with ACi was trying t:o
come up with some ideas to make it more pedestrian friendly. He said County
Road 427 was a perceptual barrier. He stated there were ways to use traffic
calming devices to slow the traffic and help with connectivity issues and some of
these were already in our Design Standards. He said there were many cities in the
State that have brought a pedestrian feel and calmness to traffic areas. He declared
this would be worth discussing.
Mayor Maingot said he has been involved with this for a while and there were a
number of issues he has discussed with I`?Ir: Drago that need to be addressed. He
stated they know from the Lynx presentation that they have funding to start the
Lynx operation along State Road 434 by the end of this year. He said this was two
years prior to the commencing of the Commuter Rail. He would like to present
that this be delayed and bring it all. together until such time as the Commuter Rail
is about ready to start, then the Bus Rapid Transit (BRTj should start at that time.
He would like to say to the Commission that the components need to marry
together and come on as fillly operafiona.l at the same time. He stated there was a
congested intersection outside the Hospital. If the widening ends at Rangeline
Road, this will further choke that intersection and it needs to be addressed. Fle
said he understands there was a commitment by the Hospital so the BRT can loop
into the front of the Hospital to pickup and drop off people. He stated there were
also some considerations being made with regard to what can be done with
chicanes along State Road 434. He said these should. be agreed upon with the
widening project. He stated they also neE;d to show the County that this is not just
a "give me" situation. He said the :people. of Longwood pay taxes and they were
asking for equitable distribution. He declared the City could undertake the
~ landscaping of the medians. He said they needed to pinpoint everything and bring
all to the table to address the matters without delay. He stated with regard to the
Commuter Rail, the City has yet to receive a formal bid from Florida Department
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of Transportation (FDOT). He advised he and Mr. Drago have a meeting coming.
up with the Project Manager of FIDOT. He reiterated they needed to address all of ~
their matters. He said the retention pond at Rangeline Road is not .going to be
moved, so they don't need to argue that point.
Mr. Drago said they need to have the County reaffirm that they will site the pond
where they want to, but design it in such a way it does not require fencing and the •
City would be willing to maintain it. He stated he needed to know if the six items
in the letter were the items the Commission wanted to talk about for State Road
434, plus the 'intersection, and not placing the buses in operation until the train
• comes into operation. He said he would do bullet points regarding these issues
plus any other item the Commission wanted to discuss.
Commissioner Sackett said they needed to say this was a vision they have for the
City and how they envision making this work. They need to ask how they can
work together to create these Millet points and put this together as a total package.
He stated he did not expect to get everything.
Commissioner Anderson said the manner in which the 434 widening has been
approached has not been conducive to helping the City of Longwood. He would
like to point out how this severely impacts the City and what areas would help the
City, suchas improving the intersection in front of the Hospital. He stated the bus
needs to be tied to the overall vision. They need to raise the point that we want to
. be partners and make these alternative modes of transportation successfiil. He said ~~,i'
they need to approach the bullet points as fitting this in with the big vision and
working together to make it happen. He stated they need to go in with wanting to
come together to be successful.,
Commissioner Holt said what he heard at Lynx was that they were going to trial
run this for two years, regardless of whether it was tinder construction. He stated
it was a-good bullet point to discuss and they didneed tb make sure there was a
. turn lane into the Hospital. He said he agrees with the issue regarding County
Road 427.
Mayor Maingot said Carlton Henley was Chairman of the Lynx operation, which
was why he suggested they bring this matter up.
Deputy Mayor Bundy said they could bring up about changing the buses.
However, they are fiinding this with a grant from the State so there may be time
restraints. He agreed with Commissioner Anderson they should not expect the
City to fund this continuing if it fails. He stated they have a unique position with
the Commuter Rail.. He said the Metro Rail System in South Florida had a
massive amount of debt since the revenue did not come near to covering the
operation cost. They have a grace period to build the ridership of the Commuter
Rail System. He stated the Commuter Rail System is included in the Heritage
Village vision so they can feed off of each other. He reiterated they need to go ~
into this meeting knowing what is really important to accomplish. He declared
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when everyone walks away unhappy, this was usually a sign of a good
compromise.
8. MAYOR AND COMMISSIONERS' )REPORT.
District #3. Commissioner Holt inquired if the City Administrator was aw~~re of
the problem with the property Mr. McC~~y spoke about.
Mr. Drago said he heard about this just i:onight and he was sure Chief Jackson
took some notes.
Commissioner Holt asked Mr. Drago if he had anything to say about the matter
Mr. Bhagwadness spoke about.
Mr. Drago said he turned this matter over to the City Attorney to respond to
appropriately.
Mr. Roper advised he gave the gentleman his business card and said he would
speak to Mr. Aldrich tomorrow anal get back with him regarding potential
solutions.
District #4. Deputy Mayor Bundy said :he has glanced through the information
provided. He stated the permit expires if you do not obtain an inspection within
six months. He reviewed the dates for inspections and said they were talking
I about it expiring within less than a month. He stated he would not be adverse
since we did an inspection after the permit expired.
Mr. Roper said he wanted to obtain some: clarification.
Commissioner Holt said he was also concerned about the addresses. He stated
they were talking about multiple constniction projects.
Deputy Mayor Bundy reported he did meet with representatives from Publix, and
others regarding the project last. M onday. He said this was a very good meeting.
He stated no one stormed out. of the meeting angry and they agreed to have
another meeting. He said when everyone, left they were excited about potentially
merging the two projects to bring the residential. element in on the project. He
advised they were not adverse to providing land for a bus turn out. He said he
received a call from Craig. Buchanan a fe;w days later and he seems to be the most
excited about the project. He has already contacted his architects and engineers to.
start working. He spoke with the City Administrator and said they would probably
want to hold one more meeting and then have a third meeting to bring in City staff
to address and look at the issues. Following this they will be ready to do a
presentation to the Commission.
Commmissioner Sackett inquired if this was with the connectivity.
Deputy Mayor Bundy responded in the affirmative. He said he suggested leaving
the Publix in direct proximity with the Township Plaza and doing the connectivity
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on the eastern edge of the property, and possibly dressing up the first portion of
Savage Court.
Deputy Mayor Bundy said 16 years ago today his daughter, Emily, was born.
District #5. Commissioner Sackett said it was exciting to see 650 young. children
this past weekend involved in baseball at Candyland Park. He stated he admired
Warren Brown for all of his work with Babe Ruth and. Mr. Brown vas very proud
of the way Ms. Renfro and staff have worked to make the fields ready for the
teams. He said he was asked at the Professional Business Peoples' meeting to put
together a talk regarding First Response and how this was working. He said this
was part ~of the matrix and agenda at the Joint City meeting coming up on March
19th. He would like to have something on the agenda at the next Commission
meeting, as a guide, so he has a recommendation from the Commission regarding
what they would like to .do with the First Response, the inequity, and City versus
County calls. He said he would provide information to Ms. Minis for the agenda
item. -
District #1. Mayor Maingot congratulated Debby Reimers on her recent election
to the position of State Secretary of the Florida Association of Business Tax
Officials. He reported on February 23rd he participated, along with Deputy Mayor
Bundy, in a Longwood Area Chamber of Commerce retreat at Chambrel. On
Friday, February 29th, he addressed the Kiwanis Club of Longwood and
Altamonte Springs and reviewed the City's accomplishments. He attended `,,J
opening day on Sahirday for the Babe Ruth Baseball. He also commended Ivls.
Renfro for her dedication and hard work.
District #2. Commissioner Anderson said as they prepare in talking about the
First Response, they need to get an agreement that gets us close to equity.
9. CONSENT AGENDA.
A. Approve Minutes of the February 18, 2008 Regular Meeting. .
B. Finance Division of the Financial Services Department recommends
payment of approved and estimated bills for March 2008.
C. The Fire Department recommends the City Commission approve a
Purchase Order to Capri Remediation Services for $39,995.00 to
authorize the City Administrator to sign all associated documents.
D. The Fire Department recommends the City Commission approve a
Purchase Order to H. Navarro Enterprises, Inc. for $36,367.00 and
authorize the City Administrator to sign.all associated documents.
E. The Fire Department recommends the City Commission approve a
Purchase Order to Williams Scotsman for $21,000.00 and authorize ~
the City Administrator to sign all associated documents.
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~ Commissioner Sackett moved to approve the Consent Agenda as
submitted. Seconded by Commissioner Anderson.
Discussion was held regarding I1:ems D and E.
Motion carried by a unanimous roll call vote.
10. PUBLIC HEARINGS
A. The City Clerk recommends the City Commission read by title only
and adopt Ordinance No. 08-1361 submitting the proposed Charter
amendments to the voters at tb a November 4, 2008. General Election.
Mr. Roper read Ordinance No. 08-1861 by title only. He then announced
having proof of publication.
Mayor Mangot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Holt movE:d to close the public hearing. Seconded
by Commissioner Sackett: and carried by a unanimous voice vote.
Commissioner Anderson. moved to adopt Ordinance 08-1861.
~ Seconded by Deputy Ma~~or Bundy and carried by a four/one roll
~ call vote with Commissioner Holt voting nay.
11. REGULAR BUSINESS.
A. The Fire Marshal of the Fire Rescue Department recommends the
City Commission read by title only, schedule March 17, 2008 as the
public hearing date and approve the first reading of Ordinance No.
08-1862, establishing open burn regulations.
Mr. Roper read Ordinance No. Of>-1862, by title only.
Mr. Castner reviewed the changes to the Ordinance from the last meeting.
Commissioner Sackett referred to Section 1 (d) and inquired what.
substantiates the complaint or a legitimate nuisance.
Mr. Castner said if there was a complaint, the Fire Department would
respond and determine what was going on at the residence and whether it
would be considered a nuisance. He explained that nuisance was already
in the Code.
~ Commissioner Sackett said he would like to see nuisance listed under.
definitions and what is a substantiated complaint.
Mr. Drago said it is normally the officer-in-charge.
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Mr. Roper said they could take some of the language from Section (e) and
insert it in Section (d). ~
Commissioner Holt suggested eliminating the letter (e) and it become all
inclusive under Section (d).
Mr. Roper responded in the affirmative.
Mr. Drago said if the Commission approves this at first reading he would
like the City Attorney to provide the suggested language for the final
reading. He stated under definitions that. the word "sz~pervise "needs to be
changed to "responsible person. "Also, in (b), under exceptions, they need
to add the verbiage of "or property line " at the end.
Mr. Roper said they would review and have language for a final reading.
Commissioner Holt said the rate schedule would change periodically and
he suggested not listing it in the Ordinance.
Mr. Drago advised this rate schedule came from the recovery act. He said
it was placed here to be easier to lookup from the public perspective.
Commissioner Anderson said there were rates in multiple areas such as the
Community Building, Special Events Permits, and Recovery Rates. He
suggested there be a City of Longwood established rate schedule
ordinance or document, and once a year or every other year they could
review it and make revisions.
Commissioner Holt moved to approve Ordinance No. 08-1862 and
set March 17, 2008 as a public hearing date. Seconded by
Commissioner Sackett and carried by a unanimous roll call vote.
12. CITY ATTORNEY'S REPORT.
IVIr. Roper reported the eminent domain case of Florida Department of
Transportation (FDOT) versus City of Longwood, Altamonte Springs, and several
other private. property owners has a hearing on March 6th at 3:00 p:m. with Judge
Allan Dickey in Sanford. This' is on the City's' Motion to Dismiss the case and
also on FDOT asking for an Order of Taking from the Court. He said it was
important for the Commission to know that all of the properties they are talking
about are west of Interstate 4. He stated for some reason the City was added, even
though all of these properties are outside of the City limits. He advised they were
trying to get FDOT to voluntarily dismiss the lawsuit. They have asked the City to
file some paperwork with the Court showing that we don't own or maintain the
property. He stated this was their burden to prove. The goal on March 6th is to try
and have this dismissed from the City's perspective. He stated FDOT has been
asked to pay the City's attorney fees in what is a frivolous case at this point.
Otherwise, the Court will be asked to award the costs.
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~ Mr. Roper said a Codes Enforcement Case was filed approximately a year and a
half ago on Mary Gamble to enforce and foreclose on some long outstanding
Codes Enforcement Board fines. He advised an interior inspection. will be done on
this house by appropriate personnel on :March 4~' at 11:00 a.m. He said Ms.
Gamble was no longer using the house as her residence. The property has become
extremely dilapidated and there were o~igoing issues. He stated there was a
hearing in front of Judge Dickey last week where the .City filed a Motion to allow
entry into the interior of the building. F-l:e reviewed some of the history of this
ease. He advised that several of the neighbors attended the hearing. Ms. Gamble
was at the hearing and she. has been living at the LaQuinta Inn in Lake Mary. She
admitted to the Cotirt that she has not lived at the residence since~August 13,
2004.
Mr. Roper said at the last meeting the Commission had been given two options
regarding the property at 131 Longwood Hills Road, one being whether the City
would maintain final permitting authority versus the County. He spoke with the
County Attorney last week and explained what the two options were and voiced
the fact that the City wished to maintair.~ the permitting agency rights. The Board
of County Commission met last Tuesday and came back with a unanimous
decision to ask the City to enter into an Interlocal Agreement whereby the County
would maintain final permitting authority. He distributed a document prepared by
- the Cotmty of what they consider to be ~~n amendment to an already existing
Enclave Annexation Agreement between the City and the County. He stated this
was too brief if the City Commission was agreeable to enter into an Interlocal
Agreement with the County. He advised there needed to be verbiage to the effect
that the City retains full authority to intervene directly to the County daring: the
constniction process in the event it is deaermined the project is in noncompliance
with City Code. He suggested language needed to be added giving the City of
Longwood full authority for final approval over all sixteen (16) Certificates of
Occupancy.
Commissioner Anderson said he wanted to make sure this project was done in
accordance to the City Code.
Mr. Roper agreed and said not only have the right to intervene, but also the City
have final approval prior to issuance of the Certificate of Occupancy.
Mr. Drago said there will be code complaints against this property and the County
needs to deal with the complaints relative to this project. He stated the. Count~~
needs to be held accountable for any inspections they perform.
Deputy Mayor Bundy said the Florida Fwilding Code was the unified code :for
both the City and the County. He said the Design Standards'was what they needed
i to worry about. He declared if the City becomes involved with the final say of the
~ issuance of a Certificate of Occupancy, there will be a liability issue. He
suggested that language be inserted that the City reserves the right to make sure
all of the Land Development Codes are met prior to connecting utilities. He said
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they did not need to approach it from the point of the building. They need to
approach this from the standpoint of the project and the City's Design Standards. ~
Mr. Roper said the language needs'to be clear that it is to be in compliance to
Longwood's Codes. It needs to be made clear as to when the jurisdiction reverts
back to the City.
Mr. Drago said he would not. hook up the utilities until all the other amenities
were complete.
Mr. Roper advised the Board of Adjustment approved the two variance
applications. on this project. at their meeting last week.
Mayor Maingot said that somewhere along the line the City needs to control the
situation. If the City determines they are not meeting the Longwood Development
Code, they need to have the right to address this matter with the County. He stated
if the matter is not corrected, they need to reserve the right to void the Interlocal
Agreement.
i
Deputy Mayor Bundy said they needed to use language that stated the City
reserves the right to void. the Interlocal Agreement rather than it being automatic.
Mr. Roper suggested a time certain cure period for any non-compliance. He ~
reiterated that it needed to be clear when Longwood has jurisdiction over the ~ !
project.
Commissioner Sackett said he was not comfortable with the Interlocal Agreement
and taking this back to the County.
Mr. Roper advised that at the County Board of Commission meeting there was a
unanimous front for the proposition that there was a breakdown in communication
between County Staff and the County Commission that they wanted to retain final
permitting agency status. The County Attorney was directed to draft a proposed
Interlocal Agreement to bring back to the City Commission. He said this would
have to be agreed upon by the City Commission. He advised he received the
County's proposal Friday afternoon: He stated he would bring forward an
amended document by the next Commission meeting.
13. CITY CLERK'S REPORT.
Ms. Mirus said she had placed an e-mail in the Commission mailboxes
concerning the proposed House Bi11991 and Senate Bill 2276. She stated this vas
called the "Voice of the People. Act" establishing new requirements with regards
to the opportunity for citizen inptrt at local government meetings and workshops.
She inquired if the Commission would like her to draft a letter to our
Representatives stating the City was in objection to this. ~
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Deputy Mayor Bundy said the City provided Public Participation at the beginning
of their meetings. In reading this, it allows three minutes on any item on the
agenda. He suggested Ms. Mirus draft a letter and bring it back for review.
Commissioner Anderson said he can understand this sentiment. However,. they
have to be able to conduct business. He declared there needs to be some type of
constraint. He said Longwood places P~.iblic Participation in the beginning of
their meetings so people have the opportunity to speak without being required to
stay the entire meeting.
Mayor Maingot said he attended a session at the last Florida League of Cities
Conference where they reviewed hotiv cities conduct business. He was amazed
that over fifty percent (SO%) of the cities place their Public Participation as the
last item of their agenda.
14. ADJOURN. Mayor Maingot adjourned. the meeting at 9:15 p.m.
-
Jo'.hn C. t, yor
. ATTEST:
Sarah M. Mirus, CMC
City Clerh
I
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