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CCMtg07-21-08MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES JULY 21, 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 Tom Smith, Division Manager of Streets/Fleet Ryan Spinella, Executive Assistant Tom Jackson, Police Chief w Richard Kornbluh, Division Manager of Utilities Lt. Phyllis Williams, Fire Department Carol Rogers, Director of Financial Services Paul Sizemore, Director of Community Services 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 announcement: A. Family Movie Night will be held on July 24, 2008 beginning at 7:00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS. A. District #1 Nomination of the Business Person of the Month Award for August 2008. Commissioner Maingot nominated Steven W. Moreira, President of Magic Financial Services, Inc. located at 280 South Ronald Reagan Boulevard, for the Business Person of the Month Award for August 2008. Nomination carried by a unanimous voice vote. CC 07-21-08/191 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Codes Enforcement Board. Mayor Sackett nominated JoAnne Rebello, 301 Loch Lomond Avenue, to the Codes Enforcement Board. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Public Participation. Dan McCoy, 137 East Maine Avenue, said this was something he has spoken about before. He spoke to Commissioner Anderson approximately one year ago regarding some ongoing issues. He stated he has called the City and the garbage company, and this matter was not getting any better. He said he was tired of coming home from work to find his large garbage can lying on its side in the middle of his driveway. He drove down his street and found a number of garbage cans lying on their sides, in the middle of the street and in the middle of yards. He said he has seen garbage on the ground. He stated he doesn't mind paying for garbage service, if the service being provided is of quality. 7. CITY ADMINISTRATOR'S REPORT. No report. 8. MAYOR AND COMMISSIONERS' REPORT. District #5. Mayor Sackett said Commissioner Holt had inquired about Automated External Defibrillators (AED) machines at Candyland Park. Mr. Drago said Ms. Meli and the Fire Chief are looking into the matter. He said the issue was how to secure the machine in the Park. Mayor Sackett said he had met with Mrs. Allred and she stated she has twenty vendors they could get for a Farmer's Market. He discussed the Workshop being held this Wednesday regarding the Historic District. District #1. No report. District #2. Commissioner Anderson said he would discuss the Farmer's Market another time. However, they have figured out what they would need from the City. He stated it is estimated that an hour and a half of staff time would be required to place and retrieve trash cans. He said there are a lot of vendors expressing an interest. District #3. No report. District #4. Deputy Mayor Bundy reported on the rezoning of the property north of the Sky Lark Subdivision. He attended the County Commission meeting and spoke on behalf of the residents in opposition. He said the rezoning went through. He stated they were holding off on the development of the property due to the CC 07-21-08/192 current economic state. He said they have agreed to place as much of the commercial activity to the north end of the property and to do extra buffering on the south and east ends of the property where it abuts residential areas. He advised when the Commission was informed about people utilizing the property for different purposes other than Agriculture, someone on staff made a telephone call to the County Code Enforcement. The County Code Enforcement looked into the matter and they have now stopped using the property. He said they were notified that they could not do any further activities on the property until they submitted a site plan. Deputy Mayor Bundy reported he met with the Engineers for the development of Publix. He said one of the problems they were running into was that the people holding the option for access on the property were getting greedy. He said this has impacted the potential for the residential development behind the proposed property. He stated one of the Engineers came up with an alternate stormwater plan that would not only take care of the needs of Publix, but would also capture the runoff that presently goes into Island Lake from Township Plaza. The City Engineer is going to meet with them and St. John's Water Management regarding the stormwater plan. He said this alternative solution places Publix in a much stronger negotiating stance. He advised the land-use is designated Industrial at this time and the portion sold to Publix will have to be changed. He stated the City should insist, if any of the land-use is changed that all of it be changed. The owner of Township Plaza is going to allow Publix to handle the contracts for their renovations so it will be a contiguous project. Mayor Sackett inquired if there would be intermediary meetings regarding this project. Deputy Mayor Bundy said he suggested that when Publix makes their presentation that everyone come in to be able to answer any questions. Commissioner Maingot suggested they set a target date for a presentation. Deputy Mayor Bundy said they have given a preliminary site plan to the City. However, it is not their final submittal. Deputy Mayor Bundy advised the Rebounders Planet Jump is having their grand opening this Friday. They would like all of the members of the Commission to attend. He said the Commissioners did receive information in their mailboxes. Deputy Mayor Bundy said the Attorney had talked with them regarding the letter Mr. Drago's Attorney gave to the City Commission. He stated copies of this letter were sent to various people, and it was ascertained that neither Mr. Drago nor his w.. Attorney had sent this out. He said this tends to put Longwood in a bad light. The County Commissioners and the Chamber of Commerce are not involved in this matter. He said the Commission was addressing this issue and were handling this in a professional manner. He stated anyone can find who requested copies from the Clerk's Office. CC 07-21-08/193 Deputy Mayor Bundy said the Chamber was holding their Hob Nob and he was requested by the Chamber to advise the Commission they had tables available for sponsorship. He said a few years ago the Commission had a table, and he inquired if the Commission wanted to sponsor a table. It was the consensus of the Commission the City would not sponsor a table. 9. CONSENT AGENDA. A. Approve Minutes of the July 2, 2008 Special Meeting and July 7, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for August 2008. C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for June 2008. Commissioner Maingot moved to approve the Consent Agenda as submitted. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. ~,,,, A. The Finance Division of the Financial Services Department recommends City Commission read by title only and adopt Ordinance 08-1870 which amends the Fiscal Year 07/08 Budget. Mr. Roper announced having proof of publication. He then read Ordinance No. 08-1870 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 Deputy Mayor Bundy and carried by a unanimous voice vote. Commissioner Maingot moved to approve Ordinance No. 08-1870, as presented, Item 10 A. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. City Clerk recommends the City Commission review the information provided by Orange County and Seminole County regarding a Code of Ethics, and give staff the direction deemed appropriate. Ms. Mirus said she had distributed a memorandum to include the Code of Ethics that was received by both Orange County and Seminole County for CC 07-21-08/194 review by the Commission. This was on the July 7th Agenda and was tabled to this meeting for the Commission's consideration. Deputy Mayor Bundy said the City Clerk had provided them with copies of the recommendations. He stated the Citizen's Committee of Orange County recommendations were more detailed. He said, from what he has read, the City can make their requirements more rigid. He distributed and reviewed a handout of recommendations he drafted. Mayor Sackett said he came up with eight steps: 1) Purpose, 2) Adoption of Current Ethics, 3) Definitions, 4} Prohibitive Activities, 5) Disclosure, 6) Ethics Review Board, 7) Penalties, and 8) Financial Disclosure. He stated this was something they could take care of, but perhaps should not. He inquired how they would review themselves at times. He stated integrity was important and they wanted to make sure this was done properly. Commissioner Maingot said this was a step in the right direction. He stated he would like to eliminate language that is superfluous. He said one area that has been overlooked was the misuse of public position. He stated as they move forward and develop this, things will come together. He suggested keeping it simple so that anyone can understand it. He said it was necessary to have the definitions of terms. Commissioner Anderson said it had already been mentioned, what they get from this, what are the differences from what the State already has, and what they are talking about. He inquired what would they be getting from this. He said he sees things that are already covered by State Law. He stated posting campaign reports on the website was good and more open. He stated this was very similar to what is already in the Commission Handbook. He said the State already covers gifts, so is there a need to cover more than the State requirements. Mayor Sackett said the purpose tonight was to hold a dialogue with perhaps a continuation. Commissioner Holt said he would like to hear some of the answers to questions raised. Mayor Sackett said he agreed; and questioned, if in discussion, would they find that there is a purpose for this or not. He stated if they find there is not a purpose, nothing would continue. He said they have been under the State Ethics and it works. Commissioner Anderson said you don't always wait and end up reacting to something that has happened. He stated he does not see things happening in the City that puts doubt on the Commissioners and the trust CC 07-21-08/195 that has been placed in them. He said he does not see that there are any problems. Deputy Mayor Bundy said that you don't always want to wait until there is a problem. He stated he was not aware of any issues at the present time. He said it was afeel-good for the people that they are doing more than is required of them to bring about a transparency. Commissioner Anderson reiterated he would like to see the answer to what they get and what the changes were to what is currently in effect. Mayor Sackett inquired if this was something to pursue or not. He said it was his understanding they needed to provide direction. Should they continue working with what the actual findings and purpose would be and what would be the benefits? Commissioner Maingot said it was worthy of further exploration. He suggested setting up a three to four person panel to look at the findings and the purpose and review what similarities and differences of what is in place. He said it bears more activity to see whether to look into it further or put it aside. Commissioner Holt inquired who would be the panel and what avenues .,,~ they would take. He said this affects the Commissioners, and there were various legalities involved. He stated this needs to be studied in-depth by the Attorney for any grey areas. He said every County was doing this and suggested having a Workshop to discuss the items. Commissioner Maingot suggested each Commissioner appoint one person to serve on a Task Force to put together information for the Commission to review. Deputy Mayor Bundy said this Item has been on the Agenda for a month. He stated they all have copies of the State Ethics Policy and copies of the Commission Handbook. He said he didn't have a problem with the appointment of a Committee, if this was the preference of the Commission. He stated Orange County and Seminole County have already done that. He said he brought this up so they could look into the matter and see if there were any areas they thought should be changed. Mayor Sackett requested the Commissioners bring forward a name for appointment to the committee at the first meeting in September. They can then determine if there is an interest to move this matter forward. Deputy Mayor Bundy said they should have some criteria set for the -,~ Committee. He stated the Committee should be able to present something within ninety days. He suggested the Committee meet in October, CC 07-21-08/196 November, and December and then present their findings to the next Commission meeting. It was the consensus of the Commission to move forward with appointing a Committee. B. Finance Division of the Financial Services Department recommends the City Commission read by title only, set August 4, 2008 as a public hearing date, and approve the first reading of Ordinance No. OS-1867 amending Section 90-181 of Chapter 90 relative to Utilities Rates, fees and charges. Mr. Roper read Ordinance No. 08-1867 by title only. Mr. Drago said the Commission reviewed the proposed rates at the last meeting and instructed Staff to utilize the Ordinance with the original proposal. Commissioner Maingot moved to approve at first reading Ordinance No. 08-1867 and set August 4, 2008 as the public hearing date, as presented, Regular Item 11 B. Seconded by Deputy Mayor Bundy. Commissioner Maingot said the only difference was the very last item for 60,000 to 80,000 gallons consumption. Mr. Drago said they did miss the last rate and would add it for the second reading. Motion carried by a unanimous roll call vote. C. City Administrator recommends the City Commission hear a presentation by Metzger and Willard, Inc. as it relates to the survey and mapping of the Longwood Memorial Gardens and give staff the direction deemed appropriate. Mr. Drago said there were two representatives from Metzger and Willard to review the findings of their survey in the Cemetery, relative to the sonar. He stated they would discuss some assumptions they made relative to the geometry of the lots and blocks of the gravesites. Dr. Tom Davis, Vice President of Surveying with Metzger and Willard, said he would be showing the result of a ground penetrating radar survey. - He stated they began by doing a boundary survey of the Cemetery that had not been done. It was composed of an unrecorded plat that was done in 1895 and later an addition had been made in the 1960's and there were two additional re-plats. They assembled all of the plats and geometry from 1895 forward into a single map. He said he would be presenting their CC 07-21-08/197 analysis of where the lots are and which lots appear to have been used. He --~ reviewed a map, from Google Earth, of the boundary and results of their survey. He stated there was now a legal description of the entire cemetery property. He said the green dots represent where they have placed five inch by five inch cast aluminum monuments with the block, number or letter in the center and adjacent lots. Dots in yellow are where they propose placing additional monuments within two to three weeks. He stated this should allow finding any of the lots based upon these monuments. He said the red, very regular areas are where they have determined the platted lots to be. Green rectangles and yellow rectangles are either suspected or possible gravesites respectively. He explained the ground penetrating radar at various depths and said this was the Archeological Geologist's interpretation of the results. He said the City would receive a copy of the results and they also intend to provide a spreadsheet with the information. He reviewed their findings for Phase I and said the boundary indicated in the original unrecorded plat and in the first addition were nominal sizes and do not reflect what is on the ground. Mr. Drago said when they changed the direction of the gravesites, the drive aisles were not as well delineated and it tends to get crowded. He stated it becomes a little challenging to get equipment into dig the gravesites. Dr. Davis suggested in the areas where they are not certain burials have occurred, that they do probing to determine if there are burials. He said probing would be more accurate in the newer section than the old section. He said Phase II seems to be remarkably well organized. Mr. Drago said the fourth area had wider drive aisles and was more defined than Phase III. Deputy Mayor Bundy said it looks like when this was platted, they were trying to get as many gravesites as possible in that area. He inquired if they would be better off to have a nicer layout with fewer sites and adjust the other Phase. Dr. Davis said the lots in the newer section were smaller than those in the first addition. Deputy Mayor Bundy inquired if there had been any sells in Phase IV. Ms. Mirus advised Phase IV had not been open to the public for sale. Deputy Mayor Bundy said now would be the time to re-plat Phase IV to orient it more like Phase I and Phase II. CC 07-21-08/198 Mayor Sackett said the path in between each area was very similar to what was in Phase N. He inquired if they have been able to get through in Phase III. Ms. Mirus said lots have been marked not for sale in Phase III so they have a pathway for access. Dr. Davis said that Phases III and IV were largely accomplished with a third re-plat. He said only a "C" shaped portion of this was from the second re-plat. He advised they were very similar and were laid out by the same company. Deputy Mayor Bundy reiterated he would rather see Phase IV oriented like Phase I. Commissioner Anderson said if they were setting aside graves to not sell so they have the aisle, they might as well do what they can. Mayor Sackett said he was hearing a consensus to see Phase IV re-platted similar to Phase I. Commissioner Holt inquired why Phase III and IV were designed this way. Dr. Davis said from the record, the first addition was accomplished in the 1960's and is a mirror of the unrecorded plat. He said he believed the second re-plat included all of the area of Phases III and IV. Some of this was sold and that portion was excluded from the third re-plat. The third re- plat was based on an architects rendering of a total design for the entire cemetery. Mr. Drago said they wanted to maximize the property and there are some religions that prefer the burial to be east to west versus north to south. Mayor Sackett said in summary, they were looking to Phase IV taking on a model similar to Phase I and would need a re-plat. Mr. Drago said it would need to be re-surveyed to orient in that direction. He said the size of the lots could remain three by eight. He stated he liked the drive aisles off of the roadway. Commissioner Holt agreed the drive aisles should be off the roadway. Commissioner Maingot inquired if they could ever do anything with the old section, Phase I. He asked if burial lots become available to be used again after a period of time. CC 07-21-08/199 Mr. Drago said he would refer to the Attorney. He stated if you determine --~ no one is buried in the site, you would have to go to the court and get a court order to vacate the property. To do this you would have to have substantial proof no one was there. Ms. Minis said the family signs an Agreement stating they are the owner of the property if the owner of record is deceased. Mayor Sackett said they needed to conclude on this matter. He asked the City Clerk to repeat where they were with this issue. Ms. Minis said, from her understanding, the Commission wants Phase IV re-platted to match and be consistent with Phase I. Commissioner Anderson said it was key for the electronic documents to be ones that can be self maintained in the future. He inquired if they would be able to keep modifying the dwf file. Dr. Davis said the idea behind providing a pdf or dwf was so it could not be accidentally modified. He said they would be happy to provide the AutoCAD drawings as well. Mr. Drago said in Phase I, if they make the assumption there are some gravesites off centered, then they can be able to sell one or two gravesites in the area. Deputy Mayor Bundy said they need to err on the side of caution. Ms. Minis said her concern was that there are family members that state their family owned lots. This is why we have the agreement signed. She stated she was not sure if they were asking for the resale of these lots. Mr. Drago inquired if there was an empty lot next to one where there is a burial, does she think a family member may own it. Ms. Minis said we have a name, but we do not have contact information. Mr. Drago said that brings up a different scenario. He stated the Attorney may look and see about a legal procedure of reclaiming the lot. Deputy Mayor Bundy said he thought they did that a couple of years ago. Ms. Minis explained at that time it was a problem with people having contracts, placing a deposit with the City and not fulfilling the contract. This did not enterprise Phase I. Deputy Mayor Bundy inquired how the City conveys ownership. CC 07-21-08/200 Ms. Mirus advised we do a Certificate of Internment. Deputy Mayor Bundy said there would have to be some standard of proof that would indicate ownership. He stated how we would know the person making claim wasn't kicked out of the will and the property given to someone else. He inquired if there wouldn't have to be a due diligence. Ms. Mirus said that was why we have them sign the Agreement. Mr. Roper said anyone can make a claim; there would have to be proof. He said statute of limitations would expire after a certain number of years. Ms. Mirus said we don't always have records of people being buried in Phase I and we have to trust the family members for those na°nes and locations. She said we didn't have any records when it was turned over to the City. Commissioner Anderson said with Phase I we need to be respectful and err on the side of caution. If we can get certainty there is a clean space, then move forward. Deputy Mayor Bundy said chances were if we don't have any records, the family is not going to have any records either. Mr. Roper said that is why you have statutes of limitations. Ms. Mirus advised we do have our records for Phase II and III in Excel. D. City Administrator recommends the City Commission approve a tentative millage rate of $4.99 for the fiscal year 2008/2009 budget and authorize the City Administrator to sign all appropriate documents. Mr. Drago said this millage rate was the same rate the City has had for the past four to five years. It is 6.8% lower than the roll back rate. He advised that from a budgetary standpoint this rate will work for the City. He recommended approval. Commissioner Maingot moved to approve Regular Item 11 D, approving the tentative millage rate of $4.99 for the Fiscal Year 2008/2009 budget. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. CC 07-21-08/201 Ms. Mirus reported she would be presenting a Resolution at the next Commission ~° meeting regarding changes that need to be made for Longwood Memorial Gardens. . 14. ADJOURN. Mayor Sackett adjourned the meeting at 9:12 p.m. ATTEST: Sarah M. Mirus, CMC City Clerk CC 07-21-08/202