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CCMtg03-17-08Min I LONGWOOI) CIT~~ COMMISSION Longwood City Commission Chambers 175 West Wariren Avenue Longv~ood, Florida M1NU7CES March 17, 2008 7x00 P.M. Present: Mayor John C. Maingot Deputy Mayor H.G. "Butch" Bundy, Jr. Commissioner Brian D. Sackett Commissioner Dan Anderson Commissioner Mike Holt Teresa S. Roper, City Attorne3~ John J. Drago, City Administrator Sarah M. Mirus, City Clerh Tom Smith, Division Manager of Streets/Fleet Tom Jackson, Police Chief Cindy Carbonell, Fire Department Paul Sizemore, Director of Community Services. Fran Meli, Recreation Progrann Manager Laurie Mooney, Fire Chief Ryan Spinella, Executive Assistant 1. CALL TO ORDER... Mayor Maingot called the meeting to order at 7:02 p.m. 2. A moment of SILENT MEDITATIOI\( was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcements: A. Senior Matinee will be held on March 19, 2008 from 1:30 p.m. until 3:30 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is Michael Clayton. B. AARP Driver Safety Program ~,vill be held on March 24, 2008 and March 26, 2008 from 6:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West; Warren Avenue. Please rsvp to the Recreation Program Coordinator. 4. RECOGNITIONS. ~ A. District #2 Nomination of the Business Person of the Month Award for April 2008. Commissioner Anderson nominated Cindi Kopelman, Longwood Shepherd's Hope Health Center located at 600 North US 17-92, Suite :124 CC 03-17-08/65 for the Business Person of the Month Award for Apri12008. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. Endorse the Seminole County Council of Local Governments (CALNO's) recommendation that Lake Mary Deputy Mayor Gary L. Brender be reappointed to the Seminole County Expressway Authority. Deputy Mayor Brender's reappointment to the Seminole County Expressway Authority was endorsed by a unanimous voice vote. B. District ~5 Nomination to the Parks and Recreation Advisory Board. Commissioner Sackett deferred the nomination. 6. PUBLIC INPUT. A. Presentations. The Longwood Police Department in partnership with the Community will be donating. funds to several local Schools in support of Project GRADD Events. This year's recipients are: Lake Mary High School Longwood Elementary School Lyman High School Rock Lake Middle School . Woodlands Elementary School . Chief Jackson said they make contributions annually to several worthy causes throughout the community. They are able to do this byvirtue of seizures of drug money. He advised. they were mandated by State Statutes to give fifteen percent (15%) back to the community for drug education and awareness. He said they were donating a total of $5,000 this evening, which is more. than the reduired percentage. He stated Project GRADD provides for an opporhmity for students to participate in an event that is a drug and alcohol free environment. Checks were presented to each school and photographs. were then taken. B. Public Participation. None. 7. CITY ADMINISTRATOR'S REPORT. Mr. Drago reported a gentleman spoke at the last meeting and said that Codes Enforcement did not do their job in regards to weeds growing in the lot next to him. Chief Jackson went to the site the next day and the so called weeds were actually hedges. He advised this was a false alarm relative to the weeds. CC 03-17-08/66 ~ S. MAYOR AND COMMISSIONERS' REPORT. District #4. Deputy Mayor Bundy said the Leadership Seminole Class, each ,year, takes on a fund raising effort. This; year they held a bowling tournament that took place Sunday afternoon at Longwood Lanes. The City Administrator worked out sponsoring a team in which City employees and residents participated. He reported that Longwood's team vas the high scoring team and Avon the tournament. He presented the trophy to 'the City Administrator and thanked the City employees and residents that: participated. He said the City was.well represented and had a good time at the event. Deputy Mayor Bundy said the Longwood Development Code vas designed to protect our water resources. He said the St. John's Water Management has come up with some funding to help maintain a:nd improve the water quality. They have an opportunity to improve the wager quality and save some of the dead lakes in the process. He said he has always voted against doing any improvements to 1VIud Lake until they could make this a viable lake again. He stated they may have an opportunity to restore a fresh water flow to the lake and at the same time garner some wetland mitigation issues. He advised that when he receives the report, he would have it distributed by the City Administrator to the Commission. District #5. Commissioner Sackett said he would strongly disagree as Mud Lake was no longer controlled by the St:. John's Water Management. He stated it was owned by the residents. He said he would like to put this on hold and discuss it at a later time. He stated he likes the pond t:he way it is and the lake was coming back. Deputy Mayor Bundy agreed that the St. John's Water Management does not control this lake. However, they do control stonnwater management. He stated he was only asking for an opporhmity to look into the matter. Commissioner Sackett thanked Parks anti Recreation for the Easter Egg Hunt this past weekend. He said it was very well attended. He inquired if they could have better signage to Candyland Park. He ref~ortecl that there is a meeting on Friday with Mr. Casillo at Lyman High School on the pool. He said he had a meeting with the developer this morning regarding the project. District #1. Mayor Maingot reported he met with John Bush, Mayor of Winter Springs and with Bob Goff, Mayoi• of Casselberry, on March 3`a. He agreed to get the concurrence of the Commission for Laurie Mooney, Fire Chief,, to meet with their Fire Chiefs to be able to look into ways of mutual support and cost savings. Commissioner Holt inquired how this would work with the matrix of Seminole County. He said they were working on all of the Fire Chiefs getting together with Seminole County and doing a report. Ma or Main of said this was se arate from the Coun He said the Coun 's ~ Y g p ty. ty objective was consolidation. He said they had discussed looking into areas for savings. He stated this was purely explor;itory. CC 03-17-08/67 It was the consensus of the Commission for Chief Mooney to meet with the other Fire Chiefs. ~ ~ . Mayor Maingot said he had been requested to do a Certificate of Recognition for Allan King who heads the ~Milwee Middle School MCJROTC Program. He stated they have volunteered at many City events. It was the concurrence of the Commission to recognize the Milwee Middle School MCJROTC and Mr. King for their service. Mayor Maingot reported on March 4th, he participated in the Grand Opening of Life Choices Women's Center. On March 10th, he, Mr. Drago, and Mr. Sizemore met with the Florida Department of Transportation (FDOT) in Deland regarding land purchase and the Commuter Rail. Commissioner Anderson requested more discussion on the Commuter Rail either now or under Item 9 F. Mayor Maingot reported on March 13th, at the Mayors and Managers meeting, there was a presentation given on Communities for a Lifetime. This focused on senior citizens and he would like to invite the speaker to do a presentation at the next meeting on April 7, 2008. It was the concurrence of the commission to have a presentation made on Communities for a Lifetime at the next meeting. ~ Mayor Maingot said there was also a discussion at the Mayors and Managers meeting regarding the Commuter Rail. He stated he had provided copies to the Commission of an article entitled, "Commuter rail requires wheeling, dealing. " He said they have been working hard through the Longwood Chamber of Commerce to obtain the complete support of the Seminole County Regional Chamber of Commerce by Resolution. He said they would be taking this Resolution to Tallahassee. He stated they were playing politics with the Commuter Rail and this was expressed in the provided article. He said the State has confirmed they would do improvements of the CSX operation through Lakeland. He stated the Bill was stuck in the, Senate and not moving forward. Mayor Maingot said he had provided copies to the Commissioners regarding the Seminole County/City of Longwood Collaborative Projects List. He inquired if the Commission desired to review and discuss this. Commissioner Anderson said this needed to be discussed. He stated there was a lot of City business happening not at the dais. He said before committing the City to anything or stating what the City wants; the City Commission needs to make those decisions. He stated there have been many e-mails with the Longwood Chamber being committed to do certain things on behalf of the City. However, the City Commission has not been asked and it was very important to coordinate ~J all of these things through them. He affirmed the Chamber of Commerce Issues CC 03-17-08/68 'Committee should not say what the policy of the City of Longwood is, or that the ~ City has agreed to do. certain things. He said the Chamber of Commerce can be active, but they cannot state the wishes of the City Commission without the Commission consenting. He stated the Chamber can be a wonderful partner. However, they need. to make sure the Commission decides what the City wants. Mayor Maingot said the Chamber o:f Commerce Issues Committee and the Longwood Chamber were very aware of what was .going on with the Commuter Rail. They have offered to support not only the City of Longwood, but the entire area through this Resolution. He stated 1:he document before the Commission was prepared in collaboration with Mr. Drago and Mr. Sizemore. He said whatever the Commission agreed upon the document would be revised and brought up at the joint meeting with the County.. He reviewed the items outlined in the document. Commissioner Sackett said he needed to know an amount in regards to what the City would be paying. He suggested the; have this as an only item at a meeting next Monday. Commissioner Anderson agreed they needed to know how much they were talking about and could the City afford to do so. He said there were a lot of questions and decisions that needing to be made. ~ Mayor Maingot said it is a considerable undertaking and there has been a lot of ~ times ent on utfin these bits and J p p g piece>s together. He continued reviewing the items outlined in the document. He stated they were looking at the. impact of the Bus Rapid Transit to draw people to the Commuter Rail Station. He said the last thing they wanted was for the buses to stop traffic on State Road 434. He stated it was his understanding that Lynx had money for tvvo years to be used prior to the start of the Commuter Rail. Commissioner Anderson advised this was grant money. Mayor Maingot said he would like to see some documentation that says they will lose the fiords ifthey defer it. He continued to review the outlined items. He stated they have a tremendous marketing job ahead to convince people to park their ears and ride the Commuter Rail. Hv stggested the Commission agree upon getting together to discuss these issues prior to going to the County so they cats have a united front. He said they have, been given the opportunity and they should seize it and move forward. He stated the meeting with the County was on the 25th. . Mr. Drago said he could get some. ~~f the c;osfs together from current contracts and some of the costs would be hard to determine. Commissioner Sackett said his goal was to be informed so they all would understand what the dialogue was going to be. He suggested they have a meeting. on Monday, March 24th. CC 0~-17-03/69 Deputy Mayor Bundy inquired if they were logistically going to present all of this to the County. He said the City would be attempting to negotiate some improvements. He stated there were some things that should be paid for by the County. He said the City would be giving away their leverage by saying they will - pay for certain things ahead of time. He stated they need costs for some type of guideline prior to the Commission making this commitment. Mayor Maingot agreed this was a negotiating, situation. He said once the Commission has gone through this and tweaked it, they can go to the County and tell them the City is prepared to make their contributions. Commissioner Anderson said they need to know what the City is prepared to commit to. He stated they do not need to agree to the entire package, but need to have an estimate for the costs. He said the County also needs to be able to prepare and understand some of the costs they are going to be asked to do. Commissioner Sackett suggested in order to give.the County tune to prepare, a lot of this can be done by bullet points. He said the document could be prepared tomorrow and forwarded to the County. Deputy Mayor Bundy said that was his point and this would not take away the leverage. He stated there may be some items for'which the County would be willing to pay. He said the City needs to be working towards an agreement in i principal and concept with the County. They then need to let the: Administrator's workout the details. He discussed the economy and said no one was safe. He - stated the retention pond ~~ith Mud Lake could be dealt with as a separate issue. Mayor Maingot said the retention pond was locked in for the location. He stated unless they are given an alternative to explore, it will never happen. Mr. Drago reviewed what the Commission had discussed. He said he could place a memo in the Commission mailboxes in lieu of a meeting. It was the consensus of the Commission to have a Work Session on Monday, March 24th at 4:00 p.m. - District #2. Commissioner Anderson reported at the last MetroPlan Municipal Advisory Committee meeting, they approved sending a letter to Lynx to address _ the bus service on State Road 434.. In the letter, they have been asked to remember this trial service is going to be done during the construction ofthe road and before the Commuter Rail has been built. Commissioner Anderson reported at a future CALNO meeting they are going to bring up and ask the cities what areas and places they can work together to save money. He encouraged the Administrator to ask each Department.for areas in which we can work together and• save funds. He suggested the City find an - incentive plan to reward employees for coming up with ideas to save the City ~ money. He inquired where the City was with Reiter Park. CC 03-17-08/70 Mr. Drago said he needed to meet with each Commissioner individually to review ' some options. He stated they would then be ready to move forward. District #3. No report. 9. CONSENT AGENDA. A. Approve Minutes of the March 3, 2008 Regular Meeting. B. Finance Division. of the Financial Services Department recommends payment of approved. and estimated bills for Apri12008. C. Finance Division of the Financiial Services Department recommends approval of the Monthly Financial Report for February 2008. D. The Community Development:Division~of the Community Services Department recommends the City Commission waive the City's purchasing rules. and approve :i Purchase Order in the amount of $94,844.25 to Superior Asphalt of Central Florida, Inc. for drainage improvements and repair at th~~ intersections of Glendale and Sheridan and Dellwood and Sheridan in the Winsor Manor subdivision. ~ E. Thee Community Development ]Division of the Community Services Department recommends the City Commission waive the City's purchasing rules and approve a Purchase Order in the amount of 539,978.5.0 to Superior Asphalt of Central Florida, Inc. for drainage improvements in Shadow Hills :Park. F; City Administrator recommends the City Commission approve a professional services wort: authorization between the City and ACi . Inc. for Commuter Rail Transit: station architecture and selected station planning/design services in the amount of $58,100 and authorize the Mayor to sign the agreement. Commissioner Holt. moved to approve the- Consent Agenda as submitted. Seconded by Commissioner Anderson. Discussion was held regarding Item 9 F. Mr. Drago said the City has shown an interest in having the Train Station . fit Longwood's image. Therefore, the City would be responsible for the design plans. He stated the State and the County have provided the engineer with a dollar amount for each -stop, and anything above that will be the responsibility of the City. The City has 90 days to get the design plans to the architect and engineer in order for the design to be incorporated in the master contract. Discussion was held regarding IteAns 9 B and D. CC 03-17-03/71 Motion carried by a unanimous roll call vote. s/ 10. PUBLIC IIEARINGS A. The Fire Marshal of the Fire Rescue Department recommends the , City Commission read by title only and adopt Ordinance No. 08-1862, establishing open burn regulations. Ms. Roper announced having proof of publication. She then read Ordinance No. 08-1862 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 Holt and carried by a unanimous voice vote. Commissioner Holt moved to adopt Ordinance No: 08-1862, as presented, Item 10 A. Seconded by Commissioner Sackett. Commissioner Anderson suggested that Fee Schedules be set by a separate document rather than in the ordinances. Mr. Drago said the Fees could be set by resolution and that would only ~ require one reading. - Ms. Roper said she would research the matter to make sure the State does not require these to be set by ordinance. Motion carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. The Finance Division of the Financial Services Department recommends City Commission read by title only, set Apri17, 2008 as a public hearing date and approve the first reading of Ordinance No. 08-1863 which amends the Fiscal Year 07/OS Budget. Ms. Roper read Ordinance No. 08-1863 by title only. - Commissioner I=Iolt moved to approve Ordinance No. 08-1863 and set Apri17, 2008 as the public hearing date, as presented. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. B. The City Clerk recommends the City Commission adopt Resolution No. 08-1189, authorizing- the ballot language for the proposed Charter amendments, as authorized by Ordinance No. 08-1861, to place the ~ questions on the ballot for the November 4, 2008 General Election. CC 03-17-08/72 i Ms. Roper read Resolution IVo. 08-1189 by title. only. Commissioner Holt moved to adopt Resolution No. 08-1189, as • presented, Item 11 B. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. C. The City Clerk recommends the City Commission review the proposed letter to the Legislature concerning House Bi11991 and Senate Bi112276 and give staff the direction deemed appropriate. ' Commissioner Holt. moved to approve the letter drafted by the City Clerk, as presented, Item 11 C. Seconded by Commissioner Sackett. Commissioner Anderson skid amending the third paragraph; third sentence was not. clear. He suggested where it states, "There is no time allotted for the discussion under Public Hearings... "that the word. "limit" should be inserted after the word "tune " to make this more clear. He stated in the front he would add the verbiage, "YYe understand and concur tivith the desire to encourage Public Participation at public meetings. However, as currently worded, these Bills tivould present insurmountable obstacles to performing City business. Here i~.• how we currently encourage Public i Participation in our City. " He said we need to make it clear that the City wants Public Participation,, but there has to be some limit so that City business can be conducted. Commissioner Holt said the last sentence accomplishes stating that we . encourage people to speak. Commissioner Sackett said the letter was fine the way it is written with the exception of a typo and adding the missed word. He said the word shoi.lld be "stage "instead of "state " in t:he fourth paragraph. Deputy Mayor Bundy moved to amend the, letter as suggested by Commissioner Anderson.. Seconded by Mayor Maingot and carried by a unanimous roll call vote. Main motion carried by a r_manimous roll call vote as amended. D. The City Clerk requests the Cfi~ Commission review the City Clerk's accomplishments as it relates to her goal-oriented appraisal. Ms. Mirus said her contract requires that she annually bring before the Commission her goal oriented appraisal. She stated the Agenda Item outlines her accomplishments for the past year. CC 03-17-03/73 Deputy Mayor Bundy moved to approve. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. , E. Commissioner Sackett recommends the City Commission discuss First Response and provide him with the direction the Commission • deems appropriate. Commissioner Sackett said there was a meeting on Wednesday, March 19~' of the Joint Committee and one of the Agenda Items was to sunset the Committee. He said when they originally went to the Joint Cities they kept hearing the word consolidation. They also kept hearing that Longwood was pleased with the services they received from our Fire Department. He reviewed a spread sheet based on the. number of calls from the past couple of fiscal years. He said the City was doing a lot of service for the County. He inquired what could the County do in a commitment with the City in a working arrangement to make it more balanced. Commissioner Holt left the meeting at 9:12 p.m. and returned at 9:14 p.m. Mayor 1Vlaingot said the Interlocal Agreement with the County has been expired for a number of years. He stated he understood that the County was trying to cut off certain areas and hand these over to the respective cities. I • Deputy Mayor Bundy said there was ongoing discussion on the First ~ ~ Response Interlocal Agreement and this was sefting the tone for that. He stated this discussion does have to be about money and the equitable distribution of assets. He said they cannot ask the Longwood residents to bear the total burden. Commissioner Anderson said they have all had a sense of these numbers for a long time. He stated he would like to have this go through Accounting and obtain the actual numbers. What is the imbalance between the services we render to the County~versus what comes back to the City? He declared that. number needs to come towards parity. He said it needs to be mutual aid and not one-sided subsidy. Deputy Mayor Bundy said-there were, areas of cooperation and no one was disputing that. Commissioner Sackett said there were other ways to pay for things besides money, such as training. Mayor Maingot suggested the Commissioners visit the new Fire Training Center. 12. CITY ATTORNEY'S REPORT. Ms, Roper said she understood an issue came .J• up at the last meeting regarding whether Mr. Bhagwandass should be required to CC 03-17-08/74 ~ pull another permit following a .Stop Order placed on his property in February ' 2008. She advised that Mr. Roper researched this matter and came up with three options: 1. Waive the $700 permit ff~e. 2. Include waiving the fee, but require him to submit the original construction plans to insure he has been following them as originally submitted and permitted for. 3. Insist on him pulling another $700 permit. Ms. Roper said the problems they saw with his pulling another $700 permit was that it was improving up, and he would he in violation of the current Codes and had abandoned the original permit. She stated he had quite a few inspections that have passed and it would be difficult to prove he has abandoned the permit and require him to pull another. She said there were also some issues of equitable. estoppels. She advised they were recommending the second option of waiving. the $700 permitting fee, but also requiring him to resubmit the original construction plans. She affirmed :Mr. Roper will be calling Mr. Bhagwandass' Attorney in the morning and would like direction from the Commission whether they are in agreement. She advised they have not talked with his Attorney at this point and they do not know what their stand is. Deputy Mayor Bundy said he spoke with Mr. Roper this afternoon and reviewed what Ms. Roper just stated. He stated thf,y were talking about a time period of about three weeks from the time the permit expired to the time the City went out and performed inspections. He said if thf;y waive the $700 permit fee and have the Building Official look at the plans to make sure they are in conformance, then this matter is resolved. Ms. Roper said-the project was very close to being finished. Commissioner Holt inquired if the City had a copy of the stamped, approved drawings in the office that are used for inspections. He stated we should not ask for the drawings to be resubmitted if we have a copy. Ms. Roper advised she was following through on all of the discussions held between the various people this. week and what they believe to be a reasonable suggestion from a legal point of view. Deputy .Mayor Bundy said they were looking for apro-active effort on both parts. He suggested, rather than submittal, it should be subject to a review of the plans with the Building Official. . • 1VIs. Roper said as she understands, the Commission was saying to waive the $700 permit fee subject to agreement by the parties and that the original plans, as filed, . have been followed. It was the concurrence of the Commission to waive the $700 permit fee subject to . the original plans, as filed, have be;en followed. CC 03-17-08/75 . Ms. Roper said in regards to the Interlocal Agreement for 131 Longwood Hills Road; at the last Commission meeting Mr. Roper was instructed to look over the Agreement and add any changes or recommendations. She distributed a copy of this Agreement which has several areas of recommended changes. Mr. Roper requests if the Commissioners have any suggestions that they call him or Mr. Drago with these so he can finalize the document to be presented to the County. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Maingot adjourned the meeting at 9:39 p.m. Jon . M ngot ayo ATTEST: . /LG~ Sarah 1VI. Mi,~=us, CMC City Clerk CC 03-17-08/76