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CCMtg05-05-08Min LONGWOOI~ CIT'~~ COMMISSION Longwood City Commission Chambers 175 West. Warren Avenue Longwood, Florida MIl~IU7CES MAY 5, 2008 7:00 P.M. Present: Mayor Brian. D. Sackett Deputy Mayor H.G. "Butch" Bundy, Jr. Commissioner John C. Maingot Commissioner Dan Anderson Commissioner Mike Holt Teresa S. Roper, City Attorney John J. Drago, City Adrninistrator Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleet Paul Sizemore, Director of Co~.nmunity Services Tom Jackson, Police Chief Ryan Spinella, Executive Assistant ~ Laurie Mooney, Fire Chief Richard Usher, Battalion Chief 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:00 p.m. 2. A moment of SILENT NiEDITATIOrrT was followed by the PLEDGE OF . ALLEGIANCE. A. Election of Mayor. Mayor Maingot turned the gavel over to the City Attorney to conduct the Election of Mayor. . Ms. Roper opened the floor for nominations of Mayor. Commissioner Anderson nominated Commissioner Sackett. Seconded by Mayor Maingot and carried by a unanimous roll call vote. Mayor Sackett extended a thank you to Commissioner Maingot for lus service as Mayor for the past tw~~ years. ! 3. COMMUNITY ANNOUNCEMENT~~: Ms. Minis read the following announcements: A. A Bhce Gxass Pickin' will be held on May 17, 2008 from 7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West Warren Avenue. CC OS-0~-08/103 B. Highway to Health will be held on Monday, May 19, 2008 from 11:00 ~ a.m. unti11:00 p.m., Longwood Community Building, 200 West Warren Avenue. This month's topic is Physical Fitness. 4. RECOGNITIONS. A. .District #3 Presentation of the Business Person of the Month. Award for May 2008 to Ronald J. Bonner of American Mentality, Inc., located at 210 East Palmetto Avenue. Commissioner Holt read a brief biography and showed a video presentation on Ronald J. Bonner of American Mentality, Inc. He then presented Mr. Bonner with the Business Person of the Month Award for May 2008. Photographs were then taken. 5. BOARD APPOINTMENTS. A. City Administrator recommends, in accordance with the requirements of Chapters 175 and 185, Florida Statutes, that the City Commission reappoint Marc McLarnon, as the fifth member to the Board of Trustees for the Police Off cers' and Firefighters' Pension Plan. Commissioner Anderson moved. to reappoint Marc McLarnon as the fifth member to the Board of Trustees for the Police Officers' and Firefighters' Pension Plan. Seconded by Commissioner Holt and carried by a unanimous roll call vote. B. District #5 Nomination to the Parks and Recreation Advisory Committee. Mayor Sackett deferred the nomination. 6. PUBLIC INPUT. A. Presentations. Larry Adams with ACi will be conducting a presentation on Commuter Rail. Larry Adams with ACi said there has been tremendous leadership in Longwood and the City was one of the most advanced in this process. He stated he received ari e-mail from the Florida Department of Transportation that stated, "Break is over, fiill speed ahead." He said the fimding at the Federal level has not changed and they would hear this from Congressman Mica. He stated. at the State- level there was no Legislature requirement to be approved for the money that has been approved to complete the design and engineering for the project. He affirmed there were other issues that would have to be resolved. He said they were familiar with the De"sign Guidebook and the Heritage. Village District. He ~J reviewed the proposed design for the development and the platform. He stated there was a strong identity associated with the Station in Longwood, CC OS-OS-0.8/104 • ~ and strong pedestrian comiectivi.ty. He reviewed the design option given to ~ all cities. He said any changes or difference in cost would be at the City's expense. He stated Longwood was very unique and had a strong carpenter gothic style of architecture. He said they created three patterns to review with the Florida Department of ~['ransportation. He reviewed renderings of the three pattern designs: (Jothic Carpenter Pattern, Parasol Pattern, and Classic Metal Pattern. He stated the State has. asked they use a single column •design, so they rec;omme;nd the Parasol Pattern that blends with the Gothic Carpenter design. He advised they may need to consider one- way traffic from Palmetto to Church on Longwood Avenue. He affirmed there would be another set of tra~;ks required at this location for two-•way North and South bound trains. This will require 15 feet of Longwood Avenue's right-of--way. He reviewed renderings showing that the elevation, about 4-5 feet above the finished elevation, from the road when it is improved to the top of the platform. He said one reason for the • necessity of having one-way traffic is due to buses turning onto Church Avenue. Mayor Sackett expressed concerns regarding th,e sun angles and said he hoped the canopy would produce shade. Mr. Adams said they would do a shadow sunlight study in this area. He ~ reviewed the proposed Longwood Avenue Side Plan. He said this was the ~ concept of new developme:r~t for ;mixed-use of retail and residential. lie . ~ pointed out the parking areas. He stated this would improve the neighborhood streets and make it more. pedestrian friendly. He reviewed . the existing railroad track a.nd where the new track would be added. He said the Florida Department of Transportation was in agreement of this design. He reviewed the bus drop off area and the proposed traffic patterns. Commissioner Holt inquired if ar,.yone had contacted Progress. Energy regarding underground utilities. Mr. Adams said he understood th:~.t this was in the Florida Department of Transportation's Plan. He stated any utilities would -need to be re-routed and he would confirm whether underground utilities were in the budget. Deputy Mayor Bundy said the parking was going to be on the east side. He inquired how they would move from one point to the other. Mr. Adams explained there would be crossings at either end of the platform. i Deputy Mayor Bundy inquired. as to how many stories were being proposed for the property being developed. CC OS-OS-08/105 Mr. Adams said they understand this development could be three or four stories. . Commissioner Anderson said bringing all of the canopies together; the Gothic design was interesting and would brand it. -He stated there would be a value to not having the same design as everyone else. Mayor Sackett inquired if it-bad been determined the traffic would be one- ' way• Deputy Mayor Bundy said there would be major safety concerns if they had two-way traffic. ' Mr. Adams said they would be coming back with an update. He stated this was the only station that would be able to be approved. He said one of the hopes they have is that the Heritage District and the Historic District will have a connection. Commissioner Maingot inquired if a public hearing was scheduled for June. Mr. Adams responded in the affirmative. He said the environmental reports for Longwood and Sanford were on schedule. He stated the ~ President would sign some other measures this week that would continue ~ ~ I to authorize the fiords. He .said, to summarize; they have been approved to proceed with the direction of the design with the single column style. They are to work within the existing budget,, including underground utilities, go to the .one-way street desigri and continue to monitor the requirements. He stated they would be back before the Commission for final approval. It was the consensus of the Commission for continuation as summarized. B. Public Participation. Cindi Bieloh, 748 North Meadowlark Court, said she was a resident of the Skylark -Subdivision and represented their voices.. She stated they were very concerned about the~proposed rezone of 15:00 Timocuan Way to C-3 from Agricultural. They have an extreme concern regarding the disniption to their neighborhood. She said the adjacent property was rezoned a few years ago and they have experienced heavy tnicks and diesel fiimes as a result. This property is three plus acres away from the back of their houses and they experience rumbling and shaking of the ground. She stated the adjacent property to Skylark has pipes, scrap material, and storage materials on the property. In her research, she has learned this property is currently zoned Agricultural and they are distressed it could be rezoned as Commercial. She reiterated that they oppose this, proposed rezoning. She ~ said Skylark was to the South and East of this property and Victory Park was to the North. Also, there are wetlands, the Florida Trail, and Soldier's CC OS-OS-08/106 ~ Creek surrounding this property that will have an impact if this is rezoned. I She requested the City write a lf,tter to the County to oppose this rea_one. 7. CITY ADMINISTRATOR'S REPOICT. Mr. Drago reported there was a tree survey done recently in the Historic District and the City was notified as to what trees needed to be taken down. He said the tree closest to the entrance to the parking lot would be taken down. Two trees around the Community Building will be; trimmed and wire placed on the tree to save branches. He advised when 1:he treys comes down;, another tree will. be planted in its place. . 8. MAYOR AND COMMISSIONERS' REPORT. District #2. Commissioner Anderson said he was glad to hear a ne~v tree will be planted when a tree is removed.l-le stated it was important to rotate through and have a steady planting of trees so they are not caught with all the trees dyin,~ of the same generation. District #3. Commissioner Holt thanked Commissioner Maingot for serving as Mayor for the past, two years. He congratulated Mayor Sackett. District #4. Deputy Mayor Bttndy said he has discussed the matter of the rezoning with Ms. Bieloh. He stated Mr. Sizemore obtained the staff report from the County Planning Staff for him. He said this was a unique situation in that the property abuts two sides of the Skylark Subdivision and impacts a greater portion of the neighborhood than would be norraal. He stated one of his concerns was that in the staff report they have stated that Timocuan Way would have to be built up to the level of a County Road. He said the City spent money several years ago . improving the drainage on some of the properties on Meadowlark Court and money is being spent throughout i:he Cii:y improving stormwater. He is concerned the County will be dumping a disproportionate amount of water into the drainage ditch that runs along the rear of this property. He stated Timocuan Way was classified as a local road and currf~ntly operating. at a level of Service A. The property does not have direct frontage on Timocuan Way. It is accessed by way of a private easement. Therefore, the: Applicant will be required to build a County Standard Roadway at the time of the Site Plan. He confirmed they will have to put in a road directly behind Skylark ro acce;ss this property. He said he also has a concern regarding the environmental impact as this property directly abuts conservation areas, in addition to low density residential areas.. He advised County Staff was recommending approval: He stated the County Planning and Zoning meeting was Wednesday night.:Eie said he suspects they will approve this project and send it to the County Commission for approval. He understands this is on the Agenda for the 24th County Comtinission meeting. He stated he intends to attend the meeting Wednesday nil;ht as ~ resident of Skylark who happens to be a ~ City Commissioner. He said he would like for the City to have the Administrator prepare a letter opposing this project. Hf, reiterated this property was being, proposed to be rezoned from A-1 to C-3. He would like a consensus from the CC OS-OS-(18/107 Commission to give him permission to oppose this as a City Commissioner and ~ let them know the City is in opposition. ~1; It was the consensus of the Commission for Deputy Mayor Bundy to represent the City at the County Planning and Zoning meeting in opposition to this project. Deputy Mayor Bundy said the second request is for the City to do a letter to the County Commission. He said they would have a City Commission meeting prior to the letter being sent. Commissioner Maingot suggested; as an alternative, the City encourage them to require an eight (8') foot wall and adequate vegetation to buffer the noise. Deputy Mayor Bundy said he would make this suggestion. However, at the time of a zoning change they are not dealing with site plan issues at that time. He stated there would be other battles if it gets approved. Mayor Sackett said'Ms. Bieloh mentioned the trash on the property. He inquired if this needed attention. Deputy Mayor Bundy said he walked the site this afternoon and it needs to be cleaned up. District #5. No report. District #1. Commissioner Maingot .congratulated Mayor Sackett and advised him that he has a television interview at 9;00 a.m. Thursday morning with WIVIFE. He and Deputy Mayor Bundy attended the Geneva Law Enforcement Memorial dedication on Apri122nd. On Apri124th, he attended the opening of the Citizen's Bank in Longwood. Also, on Apri-124th Deputy Mayor Bundy,, Commissioner Holt, and himself were involved in the judging of the Science Projects for Choices in Learning students. Envision Seminole was on April 25tH and Ed Timberlake, Central Florida Commission on the Homeless, gave a presentation. He participated in the opening of the 42nd Art and Foliage Festival in Apopka on Apri126th. He attended the Mayors' Prayer Breakfast on.May 1St. He attended the Longwood Relay for Life at Lyman High School on April. l lth and 12th where $40,000 was raised. Commissioner Maingot said they all have copies of the Longwood Code and Development Code. He spoke with Ms. Minis who told him each time they do a revision, the supplement costs $3,000 plus. He said he had to ask the question of what use do they make of this book on a continuing basis. He stated if they need something, they know where to go to find this information. Commissioner Maingot moved to discontinue the practice of the supplements. Seconded by Commissioner Holt. ~ CC OS-05-08/108 ~ Commissioner Anderson said he did not think they could save the full $3,000 because this is part of the codification process. Motion carried by a unan~.mous roll call vote. Commissioner Maingot said Seminole County Mosquito Control has been sending them information and th~ulk goodness the City has kept their equipment.. He stated they needed to reconsider possibly going back to doing their own Mosquito Control. Mayor Sackett inquired if the City had an opt out of the Mosquito Control with the County. Mr. Drago said it was his understanding; from the Cotmty that they were going to commit to the first two or three years,. but this may change over time. He said Mr. Smith was spraying as usual. Deputy Mayor Bundy said it was a three; year phase period for the County to take it over. He stated we were in the second year now. Commissioner Maingot said the County was looking at all of the services they are providing to the cities and it was only a matter of days the City would be getting ~ some heavy dollars coming from that. If we have our own equipment and ready to ~ do this service ourselves,, he said we neE:d to cut the strings and continue where we were before. Commissioner Anderson said he wants 1:he same services that every County resident gets. He stated if it comes down to having to pay again because of living in a municipality, it is not appropriate acid they need to fight against this. Deputy Mayor Bundy said he would likf~ the Administrator to look at what the • total impact of cost would be to th.e City and send a memorandum to the Commissioners. He stated he understands that 42% or 43% of the County's ad valorem revenue comes from the cities.:Eie said they need to get a handle on this and remind them that the city residents <<lready pay a significant portion of this service. Mayor Sackett said they need to place the matter of opting out of the Mosquito Control on the next Agenda: 9. CC)NSEN~' AGENDA. A. Approve Minutes of the April ;'1, 2008 Regular 1VIeeting. E. Finance Division of the Financiial Services Department recommends payment of approved and estimated bills for May'2008. CC 0~-OS-08/109 Commissioner Maingot moved to approve the Consent Agenda as submitted. Seconded by Commissioner Holt and carried by a ~ unanimous roll call vote. 10. PUBLIC HEARINGS. - A. The Community Development Division of the Community Services Department recommends the City Commission read by title only and adopt Ordinance 08-1864 to amend the.Long~voocl Development Code (COCA 01-08) regarding temporary signage. Mayor Sackett announced this was a quasi judicial hearing. Ms. Roper advised this could be treated as a regular Public Hearing if there was no one here to speak. Ms. Roper announced having proof of publication. She then read Ordinance No. 08-1864 by title only. Mayor Sackett 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 Maingot and carried by a unanimous voice vote. , Commissioner Holt moved to adopt Ordinance. No. 08-1864, as presented, Item 10 A. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 11, REGULAR BUSINESS. A. The Community Development Division of the Community Services Department recommends the City Commission approve a request from the Health Care Center for the Homeless (HCCH) to allow the operation of a mobile medical unit one day per month in the parking lot of the Fairmont Plaza at 600 North Highway 17-92. 1VIr. Sizemore, said the Health Care Center for the Homeless has a vehicle they call the Homeless Outreach Partnership Effort Mobile Medical Unit. It is basically a 37-foot van that has a medical clinic and examining rooms. They provide service to the homeless population in Orange, Osceola, and Seminole Counties. He stated they would like to operate their vehicle at the Fairmont Plaza in partnership with the Christian Sharing, Center located there on the second Monday of each month.from 9:00 to the end of the business day. He said they do appointments in the mornings and walk- ins during the afternoons. He stated a couple of years ago, they had a loop hole in the, temporary use permit ,section of the City Code and an Ordinance was drafted to close this regarding 72 hour limits on Temporary Use Permits. They did such a good job; they also made it so a Temporary Use Permit could not be approved on a monthly basis for something that CC OS-05-08/110 was just taking place one day a month. In order for them to operate in the i parking lot of the Fairmont Plaza on a monthly basis for one day, they ! requested this be placed on the E~genda for the Commission to approve. He advised this parking lot has rnore than adequate parking. Mayor Sackett inquired who the organization HOPE was. Mr. Sizemore said HOPE was a subset of~the Health Care Center for. the Homeless (HCCH) which is anon-profit organization. Commissioner Ma:irrgot moved to approve Regular Item 11 A, as presented. Seconded by Deputy Mayor Bundy. Commissioner Maingot said there were 54,000 people in Seminole (:ounty alone that do not have health insurance. He stated there were 1,500 plus single parents that have a hard time finding medical attention. He said organizations like Shepherd's Hope are providing service and cannot cope with the demands being made of'them. He stated this would be a tremendous asset to help those p+~ople who are less fortunate. Deputy Mayor Bundy said it was his understanding they are not going to take any identification or verification that they .are indeed homeless. He stated Shepherd's Hope operates mainly in the evenings. He said they would be doing examinations and types of treatments normally found in a general practitioner's office.:His biggest concern is with the homeless and what the Police Chief deals with on a daily basis. He stated since this was only one day a month he was in i:avor of it and it was something they can piggyback on to the work Shepherd's Hope is doing and he was in complete agreement. Mayor Sackett said he can see the positives to this. He inquired what. the negative aspects would be. He suggested putting this motion forward for a year's basis to .see how it first frt;~. Commissioner Holt inquired if the mobile unit travels around the County and this would be one day out of their route.. Mr. Sizemore said that ova:; his u;:iderstanding. He said they move around providing service in Orange, Seminole, and Osceola Counties. Commissioner Holt said he; was in favor of the motion for a year and in the meantime receive some; feedback regarding their route. Deputy Mayor Bundy said they would need to depend on the Chief to provide feedback. One problem they may have is that this tends to become a gathering. point. CC 05-OS-08/111 Chief Jackson said that one of the concerns that comes to the forefront is that in the proximity of Fairmont Plaza there is about 55-60 homeless people that camp in the green space, in that area. As the word gets. out that they are going to receive free medical, there is a potential to claim homeless and receive the free medical services. This may impact the true intent of giving those individuals who truly have no asset or benefit to receive medical and it may become out of control. He suggested this be reviewed on an ongoing basis. Commissioner Maingot said this operation has been in effect for quite some time and they know how to manage their affairs. He stated if they wish to limit this for 6-12 months he did not have a problem with that. He said there was a tremendous need for this service and they know how to conduct and deal with the problems. Deputy Mayor Bimdy said maybe a compromise would be to approve it for 6 months or a year, subject to monitoring by City staff. This would insure if it generates. problems, the City could reserve the right to cancel with a 30 day notice. Commissioner Anderson said they have an opportunity to assist good people who want to -serve those in need. He stated they should help them serve those people subject to it not creating problems. If it does, then they need to review the matter. .~,J; Commissioner Maingot amended the motion for approval for a period of up to one year subject to ongoing evaluation of the .operation to be reviewed in the event problems arise in the conduct of their business. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. Ms. Roper said she has been requested to ask the Commission to schedule a Shade Meeting to go over the Pine/`~ilma Case, as well as, the Bay Avenue Case. She said Mr. Roper has been taken off of work until after May 12d'. Mayor Sackett inquired if this could wait until after the first ofthe month. IVIs. Roper responded in the affirmative. , Mayor Sackett asked if this would work prior to the June 2nd Commission meeting.. It was the consensus of the Commission to hold an Executive Session at 6:00 p.m. on June 2nd. CC OS-OS-08/112 Ms. Roper said Mr. Andrew Dayes would be attending the May 19th meeting. She ~ apologized for missing the dinner Satw•day evening. Mr. Roper had an accident and broke his ring finger and had to have surgery on Friday. Mayor Sackett thanked Ms. Mires for doing a fine job with the Board and Business Person of the Month Appreciation Dinner. Commissioner Maingot said there were twenty-four (24) people who di d not show up, even though they all .acknowledged they were going to be present and only two Business Persons of the Month. He stated they should reconsider whether they are: going to have that ntunber nexi; year. Mayor Sackett said perhaps a consideration to do follow-up phone calls. He stated he would like to try it one more time. Ms. Minis advised we did make phone calls. on the last week due to not receiving RSVP's. Deputy Mayor Bundy said he didn't mind if they continue it one more year. He stated it was not, just the Business People of the Month. He said most Boards didn't have more than three members present and these were the Boards with seven members. He said this was for thc; volunteers and if they were not. interested in coming, then in the terms of budget consideration they may want to take a hard look at this. Commissioner Maingot .inquired what the cost of the food was. Ms. Minis said it was under $5,000 for the total. Mayor Sackett suggested switching. the event to June or July. Deputy Mayor Bundy suggested when the City Administrator provides the capital plan for the budget to place this item on there for discussion. Ms. Mires advised she reserved the Community Building in February for next year's event. Deputy Mayor Bundy said they could always un-reserve the Community Building. 13. CITY CLERK'S REPORT. Ms. Minis reported she would be at the International Institute Municipal Clerks ' (IIMC) Conference on May 19th and Linda Goff would be attending the City ~ Commission meeting. CC 05-OS-08/113 14. ADJOURN. Mayor Sackett adjourned the meeting at 8:43 p.m. . ~ Brian D. Sackett, or ATTES Sarah M. Mirus, CMC City Clerk CC 05-05-08/114