CCMtg06-16-08MinLONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
JUNE 16, 2008
7:00 P.M.
Present: Mayor Brian D. Sackett
Deputy Mayor H.G. "Butch" Bundy, Jr.
Commissioner John ~C. Maingot
Commissioner Mike Holt
Teresa S. Roper, City Attorney
John J. Drago, City Administrator
Sarah M. Mirus, City Clerk
Tom Jackson, Police Chief
Richard Kornbluh, Division Manager of Utilities
Laurie Mooney, Fire Chief
Paul Sizemore, Director of Community Services
Ryan Spinella, Executive Assistant
Absent: Commissioner Dan Anderson (Excused)
1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m.
2. A moment of SILENT MEDITATION was followed by the PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following
announcements:
A. Senior Matinee will be held on June 18, 2008 from 1:30 p.m. until 3:30
p.m., Longwood Community Building, 200 West Warren Avenue.
This month's feature is The BucketList.
B. Family Movie Night will beheld on June 19 and 26, 2008 beginning at
7:00 p.m., Longwood Community Building, 200 West Warren
Avenue.
C. Florida Music will be held on June 20, 2008 from 6:00 p.m. unti19:30
p.m., Longwood Community Building, 200 West Warren Avenue.
D. A Blue Grass Pickin' will be held on Saturday, June 21, 2008 from
7:00 p.m. unti110:00 p.m., Longwood Community Building, 200 West
Warren Avenue.
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4. RECOGNITIONS.
A. District #5 Nomination of the Business Person of the Month Award
for July 2008.
Mayor Sackett nominated Chad Register, General Manager of Papa John's
International, Inc., 182 West State Road 434, for the Business Person of
the Month Award for July 2008. Nomination carried by a unanimous voice
vote with Commissioner Anderson absent.
5. BOARD APPOINTMENTS.
A. District #4 Nomination to the Codes Enforcement Board.
Deputy Mayor Bundy nominated Bruce Kubec, 1416 Hearthstone Lane, to
the Codes Enforcement Board. Nomination carried by a unanimous voice
vote with Commissioner Anderson absent.
6. PUBLIC INPUT.
A. Public Participation.
Colleen Christian, 1065 Ridge Street, said they have an issue that is long
standing regarding commercial traffic that does not observe the speed limit
in the area. She stated several different business entities in the area
generate a lot of cut through commercial traffic. One of the businesses is ~,
on Ridge Street called White Sands Pool Plastering. She said within the
last month's time they did have a problematic incident where one of their
vehicles left their parking area at such a rate of speed that rocks and debris
flew all over their vehicle that was parked in their driveway. She stated
they called the non-emergency number in Longwood to try and report the
incident at that time and Seminole County responded. She presented the
Incident Report that was filed with Seminole County and photographs that
show the road surface area following this incident. Within the last month,
they have had another incident with semi-tractor trailer deliveries. She
said a significant ongoing problem is with trash and debris in the area. She
said this was not a health hazard, but to some degree it may be because a
lot of the debris tivas from chemical containers. She said it was dangerous
to have this kind of activity on a roadway where children were living in
the area and it is a serious concern of the residents.
Dan McCoy, 137 East Maine Avenue, said he saw on the news where
Officer Karl Stroshal's name was added to the Monument in Washington,
D.C. He asked the City Commission and Mr. Drago for their opinion and
ideas of a way to honor a man who gave a good portion of his life .serving
and dedicating the citizens of Longwood. He said there were streets and
buildings in the City named after individuals who have had significant
contributions to the City. He declared with the amount of time Officer
Stroshal gave serving and defending the City of Longwood, it would be
fantastic if the City could do something to honor him.
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David R. Nieves, 1091 Ridge Street, said he also had concerns for Ridge
Street. He has lived there since 1996 and they have had many issues
throughout the years. He stated they have addressed the Commission
before regarding their concerns. He said he believed there was a double
standard regarding Codes Enforcement towards businesses where some
residences will be threatened to be fined. In his case, his son was driving a
dirt bike at his house and a neighbor complained. He said he was offered
to betaken to jail if he didn't stop. He declared businesses do not comply
with Codes and many of them are common sense. He stated he had several
pictures that have been taken over time and many of the issues had not
been resolved. He said they have talked to Commissioner Maingot before
and he responded within a few hours. Their street is one of the last dirt
roads in Longwood, and it is scheduled to be paved, but they keep hearing
it will be paved later. He said the Commission should look into the matter.
He inquired when they would have sewers. He stated the speeding is
ridiculous on their road. He said he would call for the Commission to look
into the condition of their street.
7. CITY ADMINISTRATOR'S REPORT. No report.
8. MAYOR AND C011'IMISSIONERS' REPORT.
.. District #3. Commissioner Holt said they listen to the concerns and these
concerns don't fall on deaf ears. He stated City staff and Commissioners are
taking notes. He said this was in his District and hopefully a lot of these concerns
will be rectified once they start. the construction in this area. He stated part of this
area was in Winter Springs and Seminole County which was why they had
response by the County rather than the Longwood Police Department. He said
they would move forward as best they can.
District #4. Deputy Mayor Bundy said he would give an update regarding his
appearance before the Seminole County Planning & Zoning Commission. He
stated this went as expected and was a 5-2 vote in favor of the land use changes
regarding the property adjacent to Skylark. He said the proposed developer threw
up the Burt Harris Act to him following the meeting. He let the developer know
what the Commission's position was. Mr. Sizemore had prepared a comparison
sheet to use for talking points as to what the City Design Standards would be, as
well as what the County's own Design Standards and Land Use Standards are,
and why this went against them. He said the County Commission was meeting on
the issue next Tuesday and he would like to have Mr. Drago forward copies of
what Mr. Sizemore prepared to each of the Seminole County Commissioners and
express the City's opposition to the land. use change.
Deputy Mayor Bundy said a month ago the City Commission addressed
allegations brought against the City Administrator by Mr. Michael Towers. At
.~ that time, they instructed Mr. Roper to obtain a list of retired judges from Orange
County and to inquire if they would be available as an outside investigator to look
into the allegations. He stated, in the interim, several other people have contacted
him with other allegations which he made the Commission aware of by a letter
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from Mr. Jimmy Ross that was presented into the public record at the last
Commission meeting. He said one of these items was the Battalion Chiefs being
required to sign "at will" contracts prior to being promoted. He affirmed the City
attempted to force condemnation on Mr. Nick Waggoner's property on Church
and Warren Avenue last year. This item was on the agenda and tabled due to not
having sufficient information and the matter never came back to the Commission.
Mr. Waggoner was sent a letter by the City giving him notification on December
17, 2007 to come into compliance. This was two days after his scheduled closing
with the new property owners. The buildings were allowed to stand until two
weeks ago. He said the letter to Mr. Waggoner stated the buildings were an
imminent danger to public safety. He read from the letter and stated he found it
hard to believe the buildings were in such serious disrepair if they were allowed to
stand another six months. He stated the liability for the City during this time was
enormous. He reiterated the Commission instructed the City Administrator to
obtain more information and return the matter to them at the next meeting. He
declared the Administrator was not instructed to proceed with condemnation. He
said the timing of this action has caused Mr. Waggoner to consider a lawsuit with
the City. He said he received a call from County Commissioner Henley two
weeks ago regarding the Commuter Rail Station. Commissioner Henley informed
him that Florida Department of Transportation (FDOT) had complained to him
about the attitude of the City Administrator regarding the negotiations of the
Public Works Facility property. He stated that if this attitude continued the City
could stand to loose the Station. He said his questions regarding why the land use
change for this property was being done have not been answered to his
satisfaction. He stated relocation of Public Works has never been discussed by the
Commission and it should be located in an Industrial Area. He discussed
privatizing the Finance Director's position and said the reason given to them was
that no qualified candidates were available. He said it has come to his attention
that there were at least tvvo qualified candidates available at the time Ms. Rogers
was leaving. He raised the issue of the Fire Chief's working hours and said he
was never informed these would be the hours of a Senior Administrator in one of
the most critical Departments. He said the Commission was not consulted
regarding this arrangement. He brought up several capital projects and said if the
Commission had been receiving this information all along, they would have had a
better handle on such projects. He stated if the projects exceeded budgeted
amounts he wanted to see proof the budget amendments were properly made
according to the Charter. He said vehicles being purchased by employees were at
market value for the vehicles and he did not have a problem with these purchases.
However, he does have a problem with allowing the purchases to be financed
without Commission approval of a specific program. He stated he has had a good
relationship with the City Administrator over the last eight plus years. He said
some of the information he has obtained gives him serious doubts about the
amount of trust he can have in his actions going forward. He declared, in the very
least, the Administrator has left this Commission exposed to the appearance of not
properly overseeing the operation of the City. The City Attorney has been unable
to find a retired Orange County judge or Lake County judge willing to take on the
investigation. He stated he contacted the Inspector General's Office last week in
Tallahassee to inquire if they could conduct the investigation and they informed
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him they did not have jurisdiction in these matters and referred him to the Ethics
Commission. He advised in talking with them, they suggested contacting an
Attorney with forensic accounting experience or an Accountant with
governmental accounting experience. He submitted some names of people to be
contacted to judge their interest and ability to conduct the investigation. He said
they owe it to the City Administrator, Commission, citizens, and employees to
move this forward in a timely fashion, fairly, and with an open mind. He
requested the Commission do their duty, suspend the Administrator, select a
Forensic Accountant or Attorney and pending the outcome of the investigation,
appoint an Acting City Administrator.
Deputy Mayor Bundy moved to select a Forensic Accountant or Attorney
and pending the outcome of the investigation, suspend the City
Administrator and appoint an Acting City Administrator. Seconded by
Commissioner Holt.
Commissioner Holt inquired if this would supersede the motion already made to
conduct an investigation.
Ms. Roper advised since they had an open motion made previously that they look
for a retired or senior judge to conduct the investigation, and Mr. Drago continue
-- working until that point, someone would need to withdraw that motion. She said
this would supersede that motion. She would suggest a motion be made to
withdraw that motion to close it, and submit a new motion.
Commissioner Holt inquired where they were with obtaining a retired judge.
Ms. Roper said they have had three out of five judges from Orange County
contact them. She stated Mr. Roper has only contacted one judge in Lake County
at this point who has had some medical issues that delayed his getting back to
them. Mr. Roper has now contacted Judge John Jordan with Orange County and
he is going to provide more names of judges within Orange County that are
qualified.
Commissioner Holt said they have one thing already going, so they would need to
suspend that motion to move forward and start a new method of contacting a
forensic attorney or accountant.
Ms. Roper said if they were just going to change the party they were contacting
from a senior or retired judge to these suggestions, they could amend the prior
motion. However, they are adding more to it by asking for the suspension, which
was not part of the original motion.
Deputy Mayor Bundy said he did not understand how they could withdraw a
w- motion that had already been voted on. He stated this would supersede that
motion.
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Ms. Roper recommended the new motion include moving to suspend the prior
recommendations given to the City Attorney regarding finding a retired or senior
circuit judge to do the investigation and in its place contact a forensic attorney to
look into the matter and supplement that with his further suggestions.
Mayor Sackett said since the first motion was a standing motion with a second
and vote, with time passed; they would be amending something well after the fact.
He stated he would think they would almost have to rescind that motion to go on
with this one. He would not want to see the two motions attached.
Commissioner Maingot said he was concerned about this entire issue and it taking
far too long to get on with the investigation. He said he did not wish to rescind
his original motion at this present time. He would like to give the City Attorney
until the next Commission meeting to find someone to do the job.
Mayor Sackett agreed to provide a date for this to be done with names being
provided, and then go forward with a new procedure.
Commissioner Maingot said the direction was limited to a specific area for the
search. This restricted the number of available choices.
Ms. Roper said that, plus the allegations contained in the letter, were causing the
available candidates to pass on the investigation.
..~..
Commissioner Maingot said that has been addressed and if it requires, to move
further into Volusia County or other counties, then they need to do this.
Ms. Roper stated she was not here, but it was her understanding the search was
limited to Orange County and there was no time specificity. She said they have
exhausted Orange County.
Mayor Sackett said they stretched the search last meeting to Volusia and Lake
Counties. He recommended stretching the search further and inchiding the people
suggested by Deputy Mayor Bundy so as to have a name within two weeks.
Deputy Mayor Bundy said if they set two weeks to have a name, they still need to
get an approximate cost and they have to meet with the individuals.
Ms. Roper inquired if they were amending the counties, a time certain, and
enlarging the candidates so they are supplementing the motion already made. She
said if they were going to add to this and change it substantially, they have a
whole different motion.
Commissioner Maingot said he was quite clear that he would not move forward
with Deputy Mayor Bundy's motion.
Deputy Mayor Bundy withdrew the motion on the floor. ~`
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Commissioner Maingot moved to widen the scope of both the pool of
candidates that can be chosen to include attorneys with forensic and
accounting experience and accounting firms with forensic experience, as
well as the list Deputy Mayor Bundy is offering, and expand the counties
to include not only Orange, but counties Statewide to have a qualified
candidate approved by the Commission by the next Commission meeting
of July 7~'. Seconded by Mayor Sackett.
Commissioner Holt inquired how they would expedite the search.
Ms. Roper said the problem has not been with them sending out letters and
contacting people. It has been with people getting back to them. She stated she
would prefer at least thirty days rather than three weeks. She said three weeks
time was not enough time for someone to look at these allegations and decide
immediately if they have time to do this.
Commissioner Maingot said the opportunity for coming to finality in this is
improved considerably in the fact that they have a reduction in the number of
areas of investigation. Also, the scope in terms of participating people in the
process has been expanded considerably with what has been incorporated in the
amendment. Therefore, putting these things together, he stated three weeks was
_.~.. more than adequate.
Motion carried by a unanimous roll call vote with Commissioner
Anderson absent.
District #5. Mayor Sackett congratulated Ms. Mirus for graduating and receiving
her Master's Degree. He said that Commissioner Maingot and he attended the
Opening Ceremony for a Veteran's Clinic in Orange City. He reported that he
made contact with the VFW regarding the request of names for the Hero's
Monument. He also found through the Department of Defense and information
from Congressman Mica that there is a computerized record by zip codes.
Mayor Sackett thanked Deputy Mayor Bundy for the presentation of a
Proclamation to Maggie Woods and said it went very well. He stated in regards to
Karl Stroshal, he went to a State Accolade with Chief Jackson for him and he
would be one of the people when doing this recognition of heroes. He inquired if
anyone had seen the picture of how the bus system was going to work in
conjunction with the Commuter Rail.
Commissioner Maingot said they have tried to contact Lynx and their first
response was asking who was going to pay for this service. He said this was
something that needs to be followed-up with them, and also with the State.
-... Deputy Mayor Bundy said with all of the issues Lakeland has brought up
regarding the re-routing of the train, Polk County was in favor of the Commuter
Rail. He stated Polk County would be gaining jobs from the Commuter Rail.
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Mayor Sackett said he went to the opening of Summer Camp at Lyman High
School. He gave accolades to Ms. Meli and Mr. Capizzi for having the children in
organized activities. He inquired if it was correct there had been no response since
the Shade Meeting.
Ms. Roper responded in the affirmative.
District #1. Commissioner Maingot reported on June 4~ the Longwood Chamber
of Commerce after hours was hosted by Citizens Bank of Florida, and he and
Deputy Mayor Bundy attended. On June 6~', he attended and addressed the fifth
grade end of year award ceremony at Choices of Learning. He said~they did
speak with Congresswoman Corrine Brown and Congressman John Mica about
Commuter Rail at the June 7~' Orange City Veteran's Medical Center opening. He
attended the Rotary Club of Longwood on June l0a'. He also attended Maggie
Woods' retirement breakfast at Longwood Elementary. He attended the
Commuter Rail Public Hearing in Sanford. He stated Sanford was looking at $150
million and Longwood is looking at $30 to $45 million. He also spoke about the
environment in terms of the reduction of greenhouse gases in the mornings and
evenings with the intennodal transportation system. He said that Ridge Street and
the pool company there has been a problem. He stated they haven't heard from
Commissioner Anderson regarding the Farmer's Market. He said he understands
the merchants in the historic area are hurting for business. He suggested they try
to bring the Farmer's Market in sooner as a catalyst to bring people into the City
....0...
to help the merchants.
District #2. Absent.
9. CONSENT AGENDA.
A. Approve Minutes of the June 2, 2008 Special Meeting and Minutes of
the June 2, 2008 Regular Meeting.
B. Finance Division of the Financial Services Department recommends
payment of approved and estimated bills for July 2008.
C. Finance Division of the Financial Services Department recommends
approval of the Monthly Financial Report for May 2008.
D. The Utilities Division of the Public Works Department recommends
the City Commission approve the utility easement and agreement
with Nirmal Inc. and authorize the Mayor to sign the utility easement
and agreement.
Commissioner Holt moved to approve the Consent Agenda as
submitted, Items 9 A-D. Seconded by Deputy Mayor Bundy and
carried by a unanimous roll call vote with Commissioner Anderson
absent.
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10. PUBLIC HEARINGS.
A. The Finance Division of the Financial Services Department
recommends City Commission read by title only and adopt
Ordinance 08-1869 which amends the Fiscal Year 07/08 Budget.
Ms. Roper announced having proof of publication for Items 10 A, 10 B,
and 10 C. She then read Ordinance No. 08-1869 by title only.
Mayor Sackett opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Maingot moved to close the public hearing.
Seconded by Commissioner Holt and carried by a unanimous roll
call vote with Commissioner Anderson absent.
Commissioner Holt moved to approve Ordinance No. 08-1869, as
presented. Seconded by Deputy Mayor Bundy and carried by a
unanimous roll call vote with Commissioner Anderson absent.
B. City Clerl; recommends the City Commission read by title only and
adopt Ordinance No. 08-1868 amending Ordinance No. 08-1861 by
-~- proposing two additional amendments to the Charter of the City of
Longwood to be submitted to the voters of the City of Longwood at
the next General Election on Tuesday, November 4, 2008.
Ms. Roper read Ordinance No. 08-1868 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
with Commissioner Anderson absent.
Commissioner Holt moved to adopt Ordinance No. 08-1868
amending Ordinance No. 08-1861, as presented. Seconded by
Commissioner Maingot and carried by a unanimous roll call vote
with Commissioner Anderson absent.
C. The Community Development Division of the Community Services
Department recommends the City Commission read by title only, set
July 7, 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.
Ms. Roper read Ordinance No. 08-1866 by title only.
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Ms. Roper said this was a quasi judicial hearing. She stated it could be
treated as a regular Public Hearing if there was no one speaking for or
against the item.
Mayor Sackett opened the public hearing. No one spoke in favor or
against the Ordinance.
Commissioner Holt moved to close the public hearing. Seconded
by Commissioner Maingot and carried by a unanimous voice vote
with Commissioner Anderson absent.
Commissioner Holt moved to approve the first reading of
Ordinance No. 08-1866 and set July 7, 2008 as a second public
hearing date, as presented, Item 10 C. Seconded by Commissioner
Maingot.
Mr. Sizemore advised this item appeared on the last Commission Agenda
for a first reading and following that meeting the City Clerk realized the
advertisement in The ONlando Sentinel had been published without the
Ordinance number being included. The item is returned as a first reading
to make sure all advertisement requirements are met. He said this was for
the land use change proposal for the Public Works property from Public
Institutional to City Neighborhood Mixed Use.
~..
Deputy Mayor Bundy reiterated he feels this is a potential problem.with
negotiations with the State and its perception.
Commissioner Maingot said he was in the meeting and he found it very
strange when the State was dancing around the matter. He stated they were
told the City needed to move on in terms of relocating the Public Works
Facility and it could not happen over night. They were told if they were
going to procrastinate and not make a firm offer, the City might have to
consider sending it to a private developer. He said the State's response
was that they would deal with whoever bought the property. He stated he
felt that the City needs to obtain sufficient funds to relocate and build a
proper facility. He affirmed this places the City in a position of increasing
the usage of the parcel. He said FDOT was supposed to present the City
with a formal valuation and they have not done so.
Deputy Mayor Bundy said he understands that, but the City did'not have
someone looking to buy the property and he was against this.
Motion carried by a three/one/zero roll call vote with Deputy
Mayor Bundy voting nay and Commissioner Anderson absent.
11. REGULAR BUSINESS.
A. City Administrator recommends the City Commission revietiv and
discuss a proposed purchase agreement for property next to Reiter
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Park owned by the Bernard Brothers and give staff the direction
deemed appropriate.
Mr. Drago said Mr. Hall represented the Bernard Brothers and had
prepared the contract. He stated if the Commission had no objection he
would have Mr. Hall discuss the purchase of the property.
Trevor Hall, 2812 West Moreland Drive, Orlando, Real Estate Broker
with Colliers Arnold, said he has been selling land and helping people
purchase land since 1975. He represents the Bernard Family who has
owned the property adjacent to Reiter Park for aver 20 years. The
Bernard's have had some discussions with the City in the past about
selling this parcel, but these discussions have never gone anywhere. It
came to their attention the City was getting ready to do some rather
extensive improvements to Reiter Park and it is clear the City could
enhance the utility of the Park considerably by acquiring this property.
The purchase of this property would allow relocating the drainage to the
northern end of the property, therefore, providing much more contiguous
land for park purposes. He said the attempt was to have a very straight
forward transaction. The draft contract has been reviewed by the City
Attorney and, from his understanding, there were no changes. He advised
they have set the purchase price at $90,000, and this is based upon
Seminole County Tax Assessor's working number of $73,000 from last
year plus closing costs. He stated if the just value is $73,000 then the
market value should be in the $90,000 range and this was approximately
$2 a square foot. He said this was a very advantageous price. The
agreement is structured by providing a 44 day free look to allow
termination of the agreement after 44 days and the deposit would go back
to the City. He stated at day 45 they would require an environmental site
assessment of the property and a recertification of the boundary survey to
be accomplished by day 90, commitment to purchase the property at day
120, and closing at day 135. He said this provided the opportunity for the
Commission to analyze the matter over the next 45 days. This offer is
signed by the seller and is good through the end of the week.
Mayor Sackett inquired if this was usable property by the Bernard's.
Mr. Hall said it tivas usable for drainage and has a drainage easement per
the old plat of the subdivision immediately north of the property. He stated
it was doubtful this property could be sold to a developer for any use much
other than drainage. He stated in this case, from the City's point of view,
since they own adjoining property, it creates that much value in the land
they already own that they would be using for drainage.
-- Mayor Sackett asked the City Administrator if Reiter Park development
could live without this property. He said it would be enhanced with the
property. He inquired if the current design did not include this property.
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Mr. Drago responded in the affirmative.
Commissioner Maingot said that this was not a buildable piece of land. It
is nothing short of marsh land or swamp. He stated in doing some
research, he understands there was some juggling in terms of the
quantification of the values of this particular piece of property, depending
on how it was being classified.
Mr. Hall said that was his understanding.
Commissioner Maingot said in looking at the property from the City's
point of view in terms of the Park, it will make a tremendous difference in
providing more space for children to play by relocating the retention pond.
He stated one had to evaluate whether they desired to invest $90,000 for
further enhancement.
Deputy Mayor Bundy asked what was the last price discussed on the
property.
Mr. Drago said before the New Year, they had an offer of $45,000.
Deputy Mayor Bundy said they were now asking $40,000 a year further
into the real estate melt down on a piece of property that cannot be built
~.
on.
Mr. Hall said the opportunity presents itself to the City to add an acre to
the usable area of the Park by acquiring this land and using it for drainage
Deputy Mayor Bundy asked the City Administrator what the redesign cost
would be and what kind of delay this would create. He asked if it would
have to go back through St. Johns Water Management for re-approval.
Mr. Drago said that it would have to go before St. John's for an
amendment to the permit. He stated he did not know what the delay would
be. He asked Mr. Sizemore if he recalled what Ms. Meli said the redesign
cost would be and said he believed it was $50,000.
Deputy Mayor Bundy said that was the number given to him in discussing
this before, so the $90,000 for the property now becomes $140,000 plus a
delay due to the redesign of the Park.
Mr. Hall said they attempted to structure this as a 45 day free look to
provide an opportunity to underwrite these costs and arrive to a bottom
line of what it will actually cost the City to expand the Park. He stated it
strikes him that the City has an opportunity to do it right once. This parcel
is on the other side of the proposed retention pond and has no where near
the utility that it would if they acquire the land and amend the plan to
optimize the usefulness of the Park.
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Commissioner Maingot said that the price went from $45,000 to $90,000
in one year. He suggested $50,000 was better than no deal.
Mr. Hall said this was not his decision to make. He stated the Bernard
Brothers would have to agree on any different purchase price. They are
currently offering to sell the properly at $90,000 and this offer is good
through Friday.
Commissioner Maingot said even though this properly would be a great
asset, that would be a real hard swallow. He stated they had to watch how
they spend the taxpayer's money.
Mr. Hall said even adding in the additional cost, that was $3 a square foot
and it was a bargain to add significant utility to a park that would be there
in perpetuity for the people of Longwood to enjoy.
Mayor Sackett said his understanding was that when the Reiter Park
development came along, it did not include this property, yet they had a
beautiful looking Park meeting their needs. He stated: this would be an
enhancement, but $90,000 to $140,000 was too much money at this time.
--- Commissioner Holt said when it was brought to his attention it was
explained that St. John's said they would have to enlarge the retention,
either dry or wet. In order to do that they are going to lose some of the
amenities they had on the original conceptual drawing. He stated when
this came along, it allowed them to go back to what they planned because,
if agreed upon by St. John's this can be utilized as drainage.
Mr. Drago advised they have enough now to meet St. John's requirements
and they are permitted. If they purchase this property, the pond will be
moved from the original location on the plan to the Bernard Brothers
property. He stated it would still need an amendment to the permit from
the St. John's Water Management District.
Mr. Hall said he would think the Family would work with the City
regarding the timing issues to amend the permit.
Deputy Mayor Bundy said they already have some issues with the contract
and protests on the bid process.
Mr. Drago said they were evaluating the bids now.
Deputy Mayor Bundy inquired if they would have to rebid this if moving
the pond.
Mr. Drago said if there was an amendment to the plans they wouldn't do .
that.
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Deputy Mayor Bundy said he was intrigued with what Commissioner
Maingot stated. He affirmed with any real estate when a contract is
presented a counter offer is sometimes called for. He would be against
spending the $90,000 plus the amount for re-engineering.
Deputy Mayor Bundy moved to reject the $90,000 and extend a
counter offer of $50,000. Seconded by Commissioner Maingot.
Commissioner Holt inquired if they were in the position to play that.
Ms. Roper advised they could counter offer. She inquired if that was
including costs for closing.
Mr. Hall said when they structure the closing costs the seller pays for the
title insurance premium and the City would pay doc stamps and closing
costs.
Deputy Mayor Bundy said the counter offer was not inclusive of those
costs.
Motion carried by a unanimous roll call vote with Commissioner
Anderson absent.
B. The Community Development Division of the Community Services
Department recommends the City Commission consider a request
from Small Wonders Academy to paint a mural on the facade of the
building located at 221 W. S.R. 434 and give staff the direction
deemed appropriate.
Mr. Sizemore said this was a request from the Small Wonders Academy
located at 221 West State Road 434. He stated they would like to paint a
mural on the wall of their building as included in the agenda packet. He
said the Applicant could not be in attendance. She is planning on hiring an
artist who did the sample drawing. The business is a day care and the
mural is a jungle scene with animals and the style is intentionally kept
very simple as if children would have drawn it. He said the Longwood
Development Code has a provision in the Sign Section that states works of
art are exempt from permitting if they meet two conditions. First, it cannot
constitute advertising and this does not bare a logo or text implying
advertising for a day care. Second, it has to be approved by the City which
is why they are here this evening with this proposal. He stated the
Applicant has indicated the paints will be acrylic and the artist had
communicated they will seal the mural to maintain it in good condition.
Mayor Sackett compared the mural to a parked car and inquired if all the
panels to the right were a facade.
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Mr. Sizemore responded in the affirmative. He said the Applicant
indicated that this sketch was drawn on an 8.5 x 11 inch sheet of paper and
was obviously very different dimensions. It would be stretched out to
cover the length of the wall.
Mayor Sackett said there was a lot of art in the windows of businesses as
you drive down State Road 434. He stated this building does not have
glass so they have to go for the mural. He said while he would like to say
yes to it, he would also like to say no as he does not see it fitting into the
design of State Road 434. He stated he could see an out-of-control mural
potential.
Deputy Mayor Bundy said he did not have a problem with it. He requested
that one of the elephants be turned around and said it would improve the
look.
Commissioner Maingot said he had one concern that it be properly
maintained and they were going to put on a sealant. He stated it would
need to come down if not properly maintained and began to look shabby.
Mayor Sackett said he can't see the drawing being painted on the entire
wall.
Commissioner Holt inquired if they expanded the Historic District to State
Road 434.
Mr. Drago said it was discussed, but a firm decision was not made.
Commissioner Maingot moved to approve Item 11 B that the Small
Wonders Academy mural is incorporated in half of the front panel,
not the entire panel, the elephant face south, and they are required
to maintain the mural in good repair. Seconded by Deputy Mayor
Bundy.
Commissioner Holt said if they allow this to be on a building on State
Road 434 they will be opening Pandora's Box. He stated he would
adamantly say no to this.
Motion carried by a three/one/zero roll call vote with
Commissioner Holt voting nay and Commissioner Anderson
absent.
C. City Clerk recommends the City Commission schedule Wednesday,
September 3 and Monday, September 15, 2008 as regular City
,~ Commission meeting dates and public hearing dates for the adoption
of the FY 2008/2009 Budget.
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Commissioner Holt moved to schedule Wednesday, September 3
and Monday, September 15, 2008 as regular City Commission
meeting dates and public hearing dates for the adoption of the FY
2008/2009 Budget. Seconded by Deputy Mayor Bundy and carried
by a unanimous roll call vote with Commissioner Anderson absent.
D. 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.
Mr. Sizemore said he and Mr. Kintner reviewed the flyer and the notes
from Commissioner Maingot and the prior meeting. He stated he believed
they covered all of the points other than putting in a citation for the
website and placing the full text on the City's website for people to be able
to read more detailed information. He said if that was something the
Commission would like to see in the flyer, they could very easily add this
by the e-mail address.
Mayor Sackett said they had stated at the last meeting that was very
important to include.
Deputy Mayor Bundy inquired what happened to the basic paragraph at
the beginning and the matrix below this showing the rates. ~}
Mr. Sizemore said they could cut the information fiirther if the
Commission would like to see something more basic.
Mayor Sackett said it was too busy. He suggested keeping it simple and
using this information on the website page.
Commissioner Maingot said some. of the text could be edited.
Commissioner Holt said they did a great job and this was very
informative.
Mr. Sizemore inquired if they would like to trim the text more and keep
the three charts including the website citation. He said Mr. Spinella
suggested, if the Commission desired, that this could be placed on the
back of Illuminations rather than having it as a separate mailing.
Mayor Sackett said that was a good idea and would save money.
Deputy Mayor Bundy reiterated he recalled they had stated one paragraph
and then the matrix.
Mr. Sizemore said they could rearrange the flyer within the next couple of
days.
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Mayor Sackett inquired if the Commission would be comfortable with him
reviewing the document.
Commissioner Holt suggested it be e-mailed to them.
Mr. Sizemore advised if it is to be included on the Illuminations, it needed
to be complete by the end of the week. He reviewed the information to
include in the matrix.
E. The Finance Division of the Financial Services Department
recommends City Commission read by title only, set July 7, 2008 as a
public hearing date and approve the first reading of Ordinance 08-
1871 which amends the Fiscal Year 07/08 Budget.
Ms. Roper read Ordinance No. 08-1871 by title only.
Commissioner Maingot moved to approve Ordinance No. 08-1871
and set July 7, 2008 as the public hearing date. Seconded by
Deputy Mayor Bundy and carried by a unanimous roll call vote
with Commissioner Anderson absent.
F. City Administrator recommends the City Commission discuss a
proposal by the FDOT to deed over 4,994 square feet of Myrtle
Avenue as it relates to the development of the parking lot for the
Longwood Commuter Rail Station and give staff the direction deemed"
appropriate.
Mr. Drago said the Police Chief came up with some ideas and he would
have him address those concerns. He stated they are going to take a
portion of Myrtle Street. He pointed out the portion to remain under City
control. He said there was a presentation given to the Commission where
they were agreeable to make Longwood Street one-way to have the buses
come down Palmetto Avenue, and make a right turn onto Church Avenue.
He said they have reviewed it some more and would prefer to have Myrtle
Street put all the way through, keep this open so buses can make a right
turn into the parking lot, or a left turn down Longwood Street and back out
to Palmetto Avenue. He stated they think this is a better route for the buses
and eliminates the stacking problem at the intersection of Church Avenue
and Longwood Street.
Chief Jackson said when they first looked at the proposal Mr. Adams
presented several weeks ago, it was noted the entry point for this project
from County Road 427 took them in on Palmetto Avenue to Longwood
Street, to Church Avenue and back out to County Road 427. He stated the
.,w... problem was that each of the turning radiuses at Palmetto Avenue and
Longwood Street was about a 120 degree cutback. The bus wheel base
would not allow that without entering into the opposite lane. He said there
was a single lane in front of the Station and as they came back out onto
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Church Avenue they had to make another cutback and stop at the tracks to
yield to the train as provided by Florida Statutes. He stated it was only two
buses deep at the Church Avenue and County Road 4271ight. They made
the recommendation to consider cutting through the project on Myrtle
Street. To go further that would align several points of access to this
project. He stated, ultimately, he believes there will be some movement to
consider opening Myrtle Street from State Road 434 straight into this
project which would allow one point of access and have them consider
reversing the flow of the buses to come in on Church Avenue where there
is a traffic signal. He said they could either come in on Longwood Street
at Bay Avenue and up to Warren Avenue then over on Myrtle Street or,
they can come in from the other direction. He stated by cutting Myrtle
Street through opens up this whole area for more avenue of opportunity
for access. He declared if they want people to frequent this area it needs to
be an easy access in and out.
Commissioner Maingot asked if this was presented to the FDOT
consultants.
Chief Jackson responded in the affirmative. He stated that he and Mr.
Spinella have attended rivo meetings there and at one point when raising
the concerns about the turning radiuses of the bus making the movement
from Palmetto to Longwood Street to travel south, they too realized it and
~.
presented an option to the committee. Mr. Adams then presented his
option on behalf of the City and they almost mirrored each other. He said
they made some other suggestions about extending Myrtle from the
existing area of Warren north to Church and then across the existing
Prescott property into an area to open it up. He suggested having the buses
off load there would allow all bus riders to travel through the commercial
development as opposed to pulling up in front of the Station. He said this
creates a social center and Mr. Adams was very excited about this and
even FDOT said that played into the overall plans. Chief Jackson said this
enhances pedestrian safety. He stated the proposal being made fits into the
overall plan. He said FDOT was going to fiord a certain amount of
roadway and all that is being suggested is to take different segments and
still apply this. They will just reposition their funding.
Mr. Drago advised if they deed 50 feet of this property over, the State will
use it for parking and not for the road right-of--way. He said there were
three parcels of property the City owns, this being one, they want 15 feet
of Longwood Street, and they want the Public Works Facility. He stated
they would need to decide whether to piecemeal the properties or package
them. He stated he would prefer to have Mr. Adams work with them to
not allow that as parking, but keep it as part of Myrtle Avenue, and try to
limit the amount of parking in that space.
Commissioner Maingot said he would go along with packaging the parcels ~'~""°
and at the same time not allow that as parking.
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Mr. Drago said the alternative, now that they have heard the other
scenario, would be to just wait until they can fmalize exactly what this
would look like with all three sections.
Deputy Mayor Bundy suggested relaying to FDOT that the City would
like to see how they plan to use the property.
G. The Community Development Division of the Community Services
Department recommends the City Commission consider a request
from Entertainment Outfitters, Inc., to repaint the supporting
structure at 250 W. Church Avenue the same colors that are currently
on the building and waive the requirements of the City's Historic
District Codebook relative to using the approved color palette.
Commissioner Holt moved to approve to re-paint with the same
colors. Seconded by Commissioner Maingot and carried by a
unanimous roll call vote with Commissioner Anderson absent.
H. Commissioner Dan Anderson recommends. the City Commission, read
by title only and adopt Resolution No. 08-1194 supporting the
initiation of a Lyman High School recycling program as proposed by
the Seminole County Association of Student Councils and directing
the City Administrator and appropriate city staff to work with the
Association and Lyman High School to establish a recycling program.
Mayor Sackett moved to table Item 11 H until the next City
Commission meeting. Seconded by Deputy Mayor Bundy and
carried by a unanimous roll call vote with Commissioner Anderson
absent.
I. City Clerk recommends the City Commission review a request by the
Mayor, Deputy Mayor and Commissioners to attend the Annual
Florida League of Cities Conference in Tampa and take action the
Commission deems appropriate.
Deputy Mayor Bundy moved to approve attendance to the Florida
League of Cities Conference. Seconded by Commissioner Maingot
and carried by a unanimous roll call vote with Commissioner
Anderson absent.
12. CITY ATTORNEY'S REPORT. Ms. Roper reported on the Settlement
Agreement offer for the Murphy Case.
Deputy Mayor Bundy moved to approve the Settlement Agreement in the
~° Murphy Case with VHB. Seconded by Commissioner Maingot and carried
by a unanimous roll call vote with Commissioner Anderson absent.
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13. CITY CLERK'S REPORT. Ms. Mirus reported that she received a letter from
the Florida League of Cities requesting that the City Commission select one of its
members from the Commission to serve as a Legislative Delegate at the Florida
League of Cities Conference in August. The Legislative Delegate would vote on
matters that would be addressed at the Conference.
It was a consensus of the City Commission for Mayor Sackett to be the City of
Longwood's Legislative Delegate at the Florida League of Cities Conference.
14. ADJOURN. Mayor Sackett adjourned the meeting at 9:15 p.m.
.~~
~,.~~r~
Brian D. Sackett, Mayor"
ATTEST: ~~,
Sarah M. Miras, CMC
City Clerk
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