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CCMtg06-02-08MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES JUNE 2, 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 .Donovan Roper, Acting City Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Laurie Mooney, Fire Chief Tom Smith, Division Manager of Streets/Fleet Tom Jackson, Police Chief Richard Kornbluh, Division Manager of Utilities Paul Sizemore, Director of Community Services Ryan Spinella, Executive Assistant Absent: Teresa S. Roper, City Attorney (Excused) 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:04 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcement: A. Senior Resource Health Fair, Wednesday, June 4, 2008, 9:00 a.m. to 12:00 noon, Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS. A. District #4 Presentation of the Business Person of the Month Award for June 2008 to Damon Chase and Melanie Chase of Chase ~ Freeman, P.A. located at 250 International Parkway, Suite 250. Deputy Mayor Bundy read a brief biography on Attorney Damon Chase and Attorney Melanie Chase and presented them with the Business Person of the Month Plaque for June 2008. Photographs were then taken. CC 06-02-08/137 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Parks and Recreation Advisory Committee. Mayor Sackett nominated Nancy Kubec, 1416 Hearthstone Lane, to the Parks and Recreation Advisory Board. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Public Participation. Connie Adams, 279 East Jessup Avenue, said she was speaking on Item 11 B regarding Charter Amendment #6 that would call for afour-fifths (4/5) vote instead of a majority vote to remove the City Administrator. She stated in the research she has done, she has seen the negative impact he has had on the City and on her. She said they did not need four-fifths (4/5) and stated she did not mean to be sarcastic, but she did not trust three of the Commissioners to make the right decision. She said she wanted to see the right thing done. She said she would be sorry to see him lose his job, this is his livelihood, but given the impact he has had on her life and many others in this City, plus all of his employees, having four-fifths (4/5) vote is really not necessary. 7. CITY ADMINISTRATOR'SREPQRT. No report. 8. MAYOR AND COMMISSIONERS' REPORT. District #2. Commissioner Anderson said he would like the Attorney and Administrator to give a timeline of the Bridle case. He stated this should include what the original issues were, why the City took the position they did, where we have come, what has transpired and why. He would especially request the legal reason for declining the public records request and placement on the Agenda. Commissioner Anderson said on the corner of Church and Wayman there is a stormwater drain with an odd configuration. He stated it looks like the drain is centered at the apex of the corner and the sidewalk goes across it with a chain link fence at the gauntlet. He inquired if it was possible to reconfigure this so it is more of a normal sidewalk. If not, he requested the chain link fence be repaired and the area cleaned up. District #3. No report. District #4. Deputy Mayor Bundy reported he participated at Career Day at Longwood Elementary School along with Commissioners Holt and Anderson. He had previously reported the Principal, Maggie Woods was retiring and wanted to do something for her. The City Clerk contacted the staff at Longwood Elementary in regards to this matter. He said they have been invited to attend her Retirement Breakfast on June 10, 2008, 9:00 a.m. at Longwood Elementary School Auditorium. He proposed the Mayor do a proclamation proclaiming "Maggie Woods Day" and present it to her at the breakfast. He said there would be a CC 06-02-08/138 ~_ greater participation by her associates and the children at this event. He affirmed she has done a tremendous job at Longwood Elementary School. He stated the Principal of Woodland's Elementary School will be moving to Longwood Elementary School. Deputy Mayor Bundy said they have received letters from a gentleman on occasions that lives on Wildmere Avenue. This gentleman brought a letter to him since he was unable to attend the meeting regarding the Commission deciding to do the investigation. He gave a brief synopsis of the letter stating it was reiterating Mr. Ross' beliefs that certain rules and regulations were violated. He respectfully submitted the letter to the City Clerk to make a part of the record and provide copies to the Commission. Deputy Mayor Bundy said voters in Seminole County last year and the Citizen's Committee in Orange County came up with a Code of Ethics for their elected officials. He proposed they have the City Clerk obtain the original version of what the people and Committee recommended and copy to the Commissioners to review. He said they could then review this information and come up with their own version regarding the Ethic's issue in Seminole County. He suggested this matter be placed on the Agenda for the next meeting for further discussion. He said they could take a leadership role regarding this matter. ~_ Mayor Sackett respectfully asked to include citizen participation when crafting this information. Deputy Mayor Bundy asked Ms. Mirus if she could compile this information in two weeks or would she prefer thirty (30) days. Ms. Mirus said she would prefer thirty (30) days. It was the consensus of the Commission to bring this matter forward within thirty (30) days. District #5. Mayor Sackett reported he attended a Scout Bridging Ceremony at Longwood Elementary and Commissioner Maingot was also in attendance. He said Envision Seminole met recently and went over the meeting Commissioner Maingot attended. He was unable to attend Career Day at Longwood Elementary, but he met with one of the teachers, Diannetta Alexander, at 7:00 a.m. that morning. He attended a ceremony with Chief Jackson and Mr. Drago honoring Officer Albritton for his community service and dedication. He said it was time to start planning for the 9/11 Ceremony. Mayor Sackett said when he read the results of the survey he saw a change in that 50% of the people would consider consolidation. He inquired if they need to craft more questions to see if that was what they needed to be doing. He stated in this time of financial concern, maybe they need to be looking at things like this. He said the survey shows a switch. CC 06-02-08/139 Deputy Mayor Bundy said Longwood was a fairly compact area and they get extremely fast response times. He stated this was a service to the residents. He said if the service is not delivered to the standards the residents expect, they call the Commissioners, and would not be calling the County. Mayor Sackett said the number has climbed and it could be how the question was crafted. Deputy Mayor Bundy said he would like more information before making any recommendation or Charter Amendment to the citizens. He stated he would like to see the comparative numbers to show if there was any savings to the residents. Commissioner Maingot said the people were rather possessive of the Police and Fire Departments. He stated the result of the survey has a lot to do with how the question is proposed, let alone the analysis of the results. He said they need to look at what our people really want in terms of Fire and Police service. Commissioner Anderson said he did not think they needed to look into it further unless their intent is to go in that direction. He stated our budget was not going to be that severely impacted. He said there was a vocal group of people in Winter Springs that did not want the Service Fee. Now that the service is going to the County, they will get the MSDU Fee and they will find this will be greater. He stated Longwood has a lot of pride in our Police and Fire service. He inquired why would we want to lose control and the taxpayer would not see an appreciable benefit. Mayor Sackett said he was not for consolidation, but when he saw the number go from 26% to 50%, this was a noticeable change. Commissioner Maingot said, in the future, before any survey goes out from the City, the Commission should review the survey and approve the language. Deputy Mayor Bundy said the question was asked in association with a Fire Assessment Fee. The implication of the question could have been if they were willing to consolidate the services rather than paying this fee. Mayor Sackett reported he would be away from June 12th to June 15th. District #1. Commissioner Maingot reported he participated with Commissioner Holt and Chief Jackson in the DARE Graduation Ceremony at the First Baptist Church in Longwood. He said Officer Albritton continues to do a magnificent job. He attended Pack 491 Scout Crossover Ceremony on May 21St at Longwood Elementary. On May 22nd, he represented the City at the Mayors Panel as requested by Mayor Sackett. He reported the organizers determined Longwood did not follow protocol, so no substitute was permitted; therefore, he sat in the audience. CC 06-02-08/140 .. 9. CONSENT AGENDA. A. Approve Minutes of the May 19, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for June 2008. Commissioner Holt moved to approve the Consent Agenda as submitted. Seconded by Commissioner Anderson. Discussion was held regarding Item 9 B. Mayor Sackett requested, if possible, any questions be asked prior to the meeting to allow the Administrator to obtain the information and refer back to these during the meeting. Commissioner Anderson suggested by asking the Administrator these questions prior to the meeting would give him time to have the appropriate personnel obtain the explanations. Commissioner Holt inquired as to when the Agenda Packet was ready for review. Ms. Mirus advised it was available last Wednesday. Motion 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, set June 16, 2008 as the second Public Hearing date, and approve the first reading of Ordinance No. 08-1866 for a Small Scale Comprehensive Plan Amendment (SPA 01-08) (Future Land Use map) from City Public/Institutional (PI) to City Neighborhood Mixed Use (NMU), for City owned properties located on Church and Warren Avenue. Mr. Roper announced having proof of publication. He then read Ordinance No. 08-1866 by title only. Deputy Mayor Bundy inquired if there was a legal requirement for the Attorney to read by title. If not, he suggested having the City Administrator read the titles due to Mr. Roper having laryngitis. Mr. Roper advised as long as the title was read it would be appropriate. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. CC 06-02-08/141 Deputy Mayor Bundy moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous voice vote. ~` Mr. Sizemore said this was the Public Works property as he pointed it out on the map. He stated this property has been a part of the discussion with the Florida Department of Transportation (FDOT) as the Central Florida Commuter Rail is slated to continue to move forward and hopefully begin operation in 2011. There have been a number of different configurations drawn up by FDOT that would have them acquire different pieces of property to be used as parking. The Heritage Village District that was established in the Longwood Design Guidebook would place a Transit Village around the Central Florida Commuter Station. He said part of the vision for that District was to develop a mixed use town center oriented towards focusing on transit and transit opportunities. He stated this was property the City does own and it is currently occupied by the Public Works Facilities designated as Public/Institutional. He said by changing the land-use designation to Neighborhood Mixed Use they would accomplish a number of objectives for this area. First, they would add to the number of possible uses for the property. As it is currently designated, Public/Institutional, there is no possibility for mixed uses or commercial or residential uses to be integrated into the property, regardless of who should acquire it in the future. He stated with the Neighborhood Mixed Use designation, it still complies with the use requirements to allow the Public Works Facilities to continue there; and it would allow the ""' construction of parking facilities if acquired by the State. It would also allow the possibility for other mixed use development opportunities to occur on the property. He declared this was important, because, it the State does not acquire the property, it would be available for the City or another developer should they seek to acquire the property. He advised this was the first reading of the item and if approved this evening, it will appear before the Commission again on June 16~'. Commissioner Maingot inquired if the intention was for this property to be utilized for parking. Mr. Sizemore said if everything goes according to plan, the FDOT planned to acquire this property and put parking and stormwater retention there. Commissioner Maingot asked if this would meet the required parking for the Longwood Transit Station. Mr. Sizemore pointed out the area where most of the parking would be located. The current proposal would cut out the area for the water tower, the treatment plant and the well. He advised these would remain under City ownership. He advised the State was also looking to acquire some additional property to make up the deficit in required parking spaces. CC 06-02-08/142 - Mr. Drago advised there have not been any formal proposals from FDOT. He said they have to wait for their Workshop which is June 23`d and they meet all of the requirements of the Federal Government. Deputy Mayor Bundy said it states in the Agenda Item that it would still be able to be utilized as a parking lot. He inquired why we were going to the expense of doing a land use change if the intent is to use it as a parking lot. He stated if the State has showed every intention of buying the property and this was not being done at their request, why we were doing this. Mr. Sizemore said it was because of the added value and the added possibilities for development. He stated the important analysis on the property was that by changing the land use you create opportunities to be able to integrate things into the property you would otherwise not be able to do. Deputy Mayor Bundy said there have been no other proposals come forward other than the State purchasing the property for a parking lot. He stated no other surrounding property owners have requested any land use changes at this time. He said he was concerned of the perception from the State's point of view if this increases the property value. Commissioner Maingot said the rationale behind this was the State does not want to come up with the price the City would want to settle on for these four (4) acres. If the State determines they do not want to go through with the deal, the City would be in a better position to obtain more for the property on the private market. Deputy Mayor Bundy said if the State cannot get parking at their price or within their budget constraints, the Commuter Rail Station may not happen. Commissioner Anderson moved to approve the first reading of Ordinance 08-1866 and set June 16, 2008 as the second public hearing date. Seconded by Commissioner Maingot. Commissioner Holt asked Mr. Drago if he or Mr. Sizemore would be able to have some explanation of the concerns raised by the next meeting. Mr. Drago said the State wants to buy the property. He stated they have not seen any figures. He said Commissioner Maingot would probably support the proposition that it will probably be low and they would not move higher. He affirmed that if the Commission accepts the price, the ,~ City will have to move off of the property and build a new Public Works Facility to include the purchase of land. If the City cannot negotiate with the State on a reasonable price, it has been said at a meeting at which Commissioner Maingot, Mr. Sizemore, and himself were in attendance; CC 06-02-08/143 that if the City sells the land to the private sector, the State then deals with ,,.,,, the private sector. He said there was some vacant property in the area that developers could buy to be used as centralized parking. He said the State would look at it one way and a developer another. The City needs to be in the position to go either way. Motion carried by afour/one roll call vote with Deputy Mayor Bundy voting nay. 11. REGULAR BUSINESS. A. City Administrator recommends the City Commission discuss the placement of names of persons who have lost their life in the line of duty at the Heroes Monument and take action the Commission deems appropriate. Mr. Drago said at the last meeting there was some discussion regarding the style of the monument. He stated they should probably obtain an understanding of how many names they would be dealing with prior to deciding the style. He suggested there be a requirement of being a resident and they reach out as best they canto find out who in the City gave their lives in the line of duty relative to the military. He said for Fire and Police, they would need to be City employees. Once they get the number, it will be easier to come up with a design. Mayor Sackett said there were groups that could do this research for the City. Deputy Mayor Bundy said there was an organization that has done a lot of this research in the State of Florida. He suggested they check with Memorial Commissions and cross reference this information. He stated the Veteran's Association and the VFW Post could help. Mayor Sackett said he would talk with the VFW to start the process. Commissioner Anderson said his concept was that they would do some initial research. He envisions the design so that names can be added. Initially they can research and obtain good information as well as to solicit names from the public. In his mind this was always going to be a part of it as the monument unfolded. He stated they have done a great beginning and this solidifies remembering a service. Mayor Sackett encouraged people to e-mail names to him and said he was willing to be the contact person and gather the information. B. The City Clerk recommends the City Commission read by title only, set June 16, 2008 as the public hearing date, and approve the first ~"' reading of Ordinance No. 08-1868 amending Ordinance No. 08-1861 by proposing three additional amendments to the Charter of the City CC 06-02-08/144 -~ of Longwood to be submitted to the voters of the City of Longwood at the next General Election on Tuesday, November 4, 2008. Mr. Drago read Ordinance No. 08-1868 by title only. Ms. Mirus said at the May 19, 2008 City Commission meeting the Commission approved adding an additional Charter Amendment to Ordinance No. 08-1868. Therefore, this Ordinance is being presented to include the additional third amendment. Mayor Sackett inquired if this satisfied the timeline for getting the ballot language submitted. Ms. Mirus responded in the affirmative. Commissioner Anderson moved to approve the first reading of Ordinance 08-1868 and set June 16, 2008 as the public hearing date. Seconded by Deputy Mayor Bundy. Deputy Mayor Bundy said he stated his opposition to the four-fifths (4/5) majority vote at the last meeting. He stated it was defeated once before and he is opposed to putting this back on the ballot. He said there were five items on the ballot. Deputy Mayor Bundy moved to amend the motion to remove Charter Amendment #6 from the Ordinance. Seconded by Commissioner Maingot and carried by a four/one roll call vote with Commissioner Anderson voting nay. Main Motion carried, as amended, by a unanimous roll call vote. C. The Community Development Division of the Community Services Department recommends the City Commission review the proposed text of a public information flyer related to the City's Stormwater Utility Fees and give staff the direction deemed appropriate. Commissioner Maingot said if they were to produce this as presented to the Commission, the citizens would throw this in the trash. He stated there was too much to read. He proceeded to suggest recommended changes to the document. Mayor Sackett agreed it was too much and said people need to be entertained. He stated the graphic chart would catch their eye. Commissioner Anderson said they were on the right track. He stated they need a little bit of context and should have the goal to fit the information on the front of a single page. He suggested adding a line at the end to say, CC 06-02-08/145 "For more detailed information see our website" and place the additional information on the City website. ~' Deputy Mayor Bundy gave recommended changes and suggested putting the charts at the bottom of the page. He suggested putting as much information on the website as needed including Mr. Kintner's contact information. Commissioner Holt said the MPDS Permit, under Federal regulations, requires us to educate the citizens. He inquired if we eliminate the proposed language, would this negate the education process requirements. Mr. Sizemore said it would not. He explained we do additional informational fliers and information on the website to meet that requirement. D. The Finance Division of the Financial Services Department recommends the City Commission read by title only, set June 16, 2008 as a public hearing date and approve the first reading of Ordinance 08-1869 which amends the Fiscal Year 07/08 Budget. Mr. Drago read Ordinance No. 08-1869 by title only. Commissioner Holt moved to approve the first reading of "'"'`' Ordinance No. 08-1869 and set June 16, 2008, as presented, Regular Item 11 B. Seconded by.Commissioner Maingot. Deputy Mayor Bundy commended Chief Jackson for his involvement in the Seminole County Traffic Committee that enabled the City to get this traffic light. Motion carried by a unanimous roll call vote. E. Mayor Brian D. Sackett recommends the City Commission read by title only and adopt Resolution 08-1193 supporting the Central Florida Commuter Rail Project. Mr. Drago read Resolution No. 08-1193 by title only. Commissioner Anderson moved to adopt Resolution No. 08-1193. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. Mr. Roper reported the City would be in a jury trial next Monday with Judge Galluzzo in Sanford in a trip and fall case involving Plaintiff Amelia Nichols. She fell at the intersection of Church and Ronald Reagan in the grass covered area. The last settlement offer this City made CC 06-02-08/146 .~. approximately two months ago was $30,000 to settle. Her last demand was $50,000 and at that point it was in impasse and they were ready for trial. Mr. Roper reported in the old case of James and Sheree Murphy versus the City of Longwood, in 2005 the City had agreed to settle the case with the Murphy's for the sum of $16,000. Since then, they have pursued, on behalf of the City, some reimbursement from VHB. He said they have received a settlement offer from VHB to settle the indemnification claim in the amount of $17,500. He proposed sending the Commission a memorandum summarizing the basis of the claim. Following this summary the Commission can then provide whether they approve the settlement. Mayor Sackett inquired about the investigation. Mr. Roper advised they had contacted four out of five Orange County Judges regarding the Drago Investigation matter. Four have declined and they have not heard back from the other. He has been in touch with Judge Buddy Aulls in Lake County pursuant to Commissioner Maingot's suggestion of looking beyond Orange County into Lake County and Volusia County. He is waiting to hear back from Judge Aulls. He said he would keep the Commission posted on this matter. 13. CITY CLERK'S REPORT. Ms. Mirus said the Commission received a flier last week for the Florida League of Cities Conference. She inquired if anyone was planning to attend, as it would need to be approved by the City Commission. She said she would await a response from each Commissioner. 14. ADJOURN. Mayor Sackett adjourned the meeting at 8:38 p.m. ATTE T: Sarah M. Minus, CMC City Clerk G{ ~ .,~L' Brian D. Sackett, Mayo CC 06-02-08/147 This Page Left Blank Intentionally. CC 06-02-08/148