CCMtg05-03-04MinLONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Harbin
MINUTES
MAY 3, 2004
7:00 P.M.
Present: Mayor H. G. "Batch" Bandy
Deputy Mayar Brian Snekett
Con " John C. Maiogot
Commissioner Dan Anderson
Commiestoner Mike Holt
Richard S. Taylor, Jr., City Attorney
John J. Drago, City Administtator
Sarah M. Mijares, City Clerk
Richard Korab"" Division Manager of Utilities
Charles Chapman, Chief of Fire (left Chambers at 7 17 p. m.)
Pat Miller, b—Z Director of Commaaity Services
Tom Jackson, Chief oFPoliee
I. CALL TO ORDER. Mayor Anderson called the meeting r, order at 7:03 p m.
2. A moment of SILENT MEDITATION was fin — ad by THE PLEDGE OF
ALLEGIANCE
A. Elution of Mayor.
Mayor Anderson opened the Boor for nominations of Mayor.
Commissioner Holt nominated Deputy Mayor Bundy. S—ded by
Commissioner Maingoc
Mayor Anderson nominated Commissioner Sackett.
C—itti—, Saokea withdrew the —
mat —Nay., Anderson nominated himself
Nomination for Deputy Mayor Bandy —,N1 by a tour/one roll
call vote with Mayor Anderson voting nay.
3. COMMUNITY ANNOUNCEMENTS. The following announcement was
made'.
CC OS-03-.11,
A. A Blue Grass Pickin' will he held on May 15. 2004 from 7:00 p.m.
until 10.00 p.m., Longwood Community Building, 200 West Warren
Avenue.
4. RECOGNITIONS.
A. Distrct HS Presentation of lM1e Business Person ofthe Month Award
for May 200410 Ray and Joan Gnat of Att Gymnastics, W., located
a1.05 Waterway Place.
Commissioner Sackett recopn Ray and loan Goat of Ace Gymnastics,
located at 905 Waterway Place, as Business Person ofthe Month W and
Mrs. Gnat are Gymn tic Trainers and have been in business for eight
years. They will soon be relocating their business to a larger facility closer
to downtown Longwood. He said to visit Ace Gymnastics was a very
pus expert e. Prev ning Ace Gymnastics, Mr. Gnat
physical education teacher at Altamonte Elementary School. Mr. and Mrs.
Gnat have children attending Woodlands Elementary School, and are
ental in bringing equipment and themselves to an annual school
vent on gymnastics and tumbling. The City of Longwood is very pleased
to have Joan and Ray Gnat as part of its business community. Pictures
were then taken.
S. BOARD APPOINTMENTS.
A. DistrictH2Nomination to the Codes Enforcement Board.
Commissioner Anderson nominated Emest Tolo4 316 Heather Avenue.
Nomination carried by a four/one voice vote with Commissioner Holt
v tmg nay.
B. District Nl Nomination to the ➢..M of Adjustment.
Comm�ssiontt Mningot deferred the nomination.
C. D'utnct#1Nommetron W the Charter Advisory Committee.
Commissioner Mningot nominated JOMne Rebell,, 301 Loch Lomond
Avenue. Nomination carried byaunanimous voice vote.
D. Di1[fletN2 Nomination w tho Charter Advisory Committee.
C,mmissioner Anderson deferred the nomination.
E. DiodeM3 Nomination wthe Charter Advisory Committee.
Commissioner Holt nominated Craig Vardl„van, 546 Shames Circle.
Nomination wood by, unanimous voice vote.
CC 05-03-04/100
E. Di,(Ha " N..bo,two to the Chit— Advisory Committee
Mayor Bundy nominated Jody Pot, 280 West W— Avenue.
Nomination —W by , osttitb— voice so,
G. District N5 Notti—hit, to the Ch.— Ad,,k,o, C,..it(,,.
Deputy Mayor Sackett IllilloA A-11 Dl.l,,g, 600 Devonshire
Boulevard. N,,i,,ti,, caned by a unanimous -io,
6. PU LICUIPUT.
A. Pmlltllill- MI. Wil., with U.i,— El,.,.t,q School.
Mayor
Bundy said h, had b..n invited by Ms. Uli,sto to speak to h, d,,
about 1-1 g .. —ot Following his speaking to the class this year h,
t—o,l several— Qom the 0— requesting the City of Longwood
declare 11" , H,', City to honor our Firefighters, , PoliesOffin, and.. Military personnel. H, stated Commissioner Sackettclass�.psti, the P-1—m He T,-W W.odl.,,d,
requested the
El —oh, School students also have been involved it, this Proclamation.
Std.i, R,it, , mod- boo, M,. Uti...'s 6— read the lh-l—i-
P,,d,i,i,g S,pbooW I la Is Hbb', Dy.
YL,yo, Bundy invited r,praematiw, from the Police D,,bubnt, the Fit,
Np—ol, IN, VFW, IN, Military, and repos-osti-I from the School
Board to It, forward with the W,bts ft,. M,. Ulan d— and the
City Commission to p,,,a the proolamation pictures the. taken
Mayor Bundy ......ced that May 15'" has been d,O,M Pbon Officers'
Memorial City, H, asked fora --, ofth, Cott,issio, to proclaim
this —1, , Psoo, Day m —pution with the
National Police WeekWithout objection, h,read the Proclamation
—.,oim, M, 15- . P.. Officers' Memorial Day
d May 1, 1004
ft,.Sh May 15,20W 11 National Police Week. H, presented Chid J.ck_wbh,h.P..j_.i. Pictures
were
then
taken.
M, Rick Bennett fll b, requesting finances for children to go to the
Jr. Olympia. W 11— ., not present to give his
R. Public P-id,ofi...
Kstbom,, Wbill 342 Cis, W — A—, said in 2002 W— was
paved and at wopinott at the ofOsJ, there were
two mention .d,
placed. She ,id the water wining ff,FW.11, runs to two
,,li,ofi- ponds. Aft, paving they have had . problem with flooding io
CC 05-03 W101
their backyard. She declared she had concerns with drainage and Flooding
in this area with the paving of Bay, Pine, and Oleander Streets.
Mr. Drag, said there was as ootfall connecting to s DOT drainage system
by East Pine. H, advised it was shallow and does not al low the water to
wind fart enough. He advised this could be deepened allowing the water
to flow.
Q,, M CQ9 , 137 East Maine Avenue, said he rxently came in to pay his
ter bill On the wont¢, m the Water Depanment, he sew a Flier by the
St John's Water Management District informing of water restnai,ns to
two days a week. He stated this w n,Mu m his e, bill and
asked how many people were not aware of this ,estrum, 0' affirmed
many rtldt—end busineasea do cot fllow tit¢ restridions. He asked
who should be notified.
Mayor Bundy said many as umed thew re lifted during
the rainy season, but they were not hild `He suggested a reminder of the
restnetmns be placed on the ward bill.
Uiseussion was held regarding ward restriction.
NL,. x, 4 635 Cambridge Court, said she was speaking in r,gt,d, 0
Ordinance No. 04-1695 and the use of tobacco pr,,— in designated
beess,fall Parks and Recreation Facilities. She efilrmed they should not
, presumptuous as w try to wnaol the air,wside. She stated indoor
facilitie re banned Rom cooking. She sated this as going too far
when trying t, wntrol the environment outside and asked what was next.
JoAnne Rebell,, 301 Iuch Lomond Avenue, said September 3, 2003
Coma a Bundy placed on the agenda Jonathan McGrath and his
plea forsides n of his to plan for his property on Powell Stre
She said the Com mion worked out a wmpromise with td, McGrath.
His wncems were landscaping and parking requirements, as well as hiring
engine¢ to do stortawater mention on his property. She avowed the
Commission conceded nu—, requirements m orda t, -w, at a
atisfactory plan. She acknowledged that Mr. McGrath now was
,aqua ring w r of his fees. She said the Com on passed a
Resolotien enabling them to waive fees under extlenuab,g cirwmetancea
and f nancial hardship. She stated the waiver of Mr.-Grath's fees is
ssary. Sheaf ,r ifthe Commission waives Mr. WGrath's fees
it nwill be perceived as a political favor for someone who d.-tdf to the
empaigns , ,, wo Com s. S l,e the Com on has
alraadydmodeteMr McOmth'She
requested tflthan ,ugh to he Commission deny his req est.
T. CITY ADMINISTRATOR'S REPORT.
Mr. Drag, reported that Mr. Holland holds an annual golf tournament w give
back to the wmmunity. This year the tournament was for the benefit of Tom
Smith's grandson in the form of a— for college. He said the tournament w
well attended.
S. MAYOR AND COMMISSIONERS' REPORT.
District A. Commissioner Maingot reposed, on Saturday, April 24'" while
going though the Barrington subdivileofthe residents pointed out the
relocation of a street light by ProgressE—gy. They uprooted sod and left
surplus dirt. He eomac[ed Progress Energy and they took the necessary rteps to
partially refrbi,h the area. He notified them fthe need w add additional grass
plugs in the area and will follow up on the situation.
District k2. Commissioner Anderson reported he was m attendance w a press
briefing far Ford Motor Company, BP, and Progress Energy. Be said they will be
bringing on or two hydrogen so their new facility. He —ed he told
repreuntetwes of BP the city h,dfour locations waiting for a gas nation.
District k3. Commissioner Holt reported he was h, attendance Friday evening at
a function by Congressman John Mica for a high school w cornea held for his
district. He also attended Success of Seminole on Thursday evening. He tha ed
staff for the Board Appreciation Dinner. He advised that he would be aaendmg
the Sun Smas program by Progress Energy at Lyman High School Tuesday, May
5, 2004. He also will be attending the RiverWell, event in Sanford. He thanked
Mr. Drag. for following up with Seminole County regarding Sun Sute Trees.
District i14. Mayor Bundy reposed that he and Commissioner Mderson judged
the Scionce Fair w the Choices m Learning Chaser School He said they were
both amazed w the creativity of the sNdents. He adreceived
vised he had a call
from Rick Nellus, brother ofthe owner of Sun Smte Trees, who requested to meet
with the City Administrator and himself regarding becoming a vendor for [he ci[y.
He suggested they approach the Commission regarding booming a vendor. He
advised they have done an outstanding job of cleaning the propetty nett to
Tarmac and will be appearing before the Board of Adjustment for a special
exception. Hetha ed Ms. Mijaresandstaffforthe Hoard Apprxiation Dinner.
District M5. Deputy Mayor Sackett said it was good to see the Commission had
individuals panicipMmg in the uience fair. He advised there were 114 objectives
for fourth and fifth graders in science. He ralueaed to investigate providing the
City Commission with laptops so documen[s could be made available
electronically.
Ms. Mijares advised she was looking into purchasing electronic agenda packe[s
for nett year's budget.
CC 05-03-04/103
9. C NSIENTA,GENDA.
A. Approve Mi.,tes.fAp,i[19,2004Reg.1,,Meeting.
B. No..— Division of the Fi.,Eochil Services D,,bo-h-Ett ll—to-&
po,—ot ofapproved and estimated bill, f., May 2004.
C. Utilities Dwititbn of thm P.14h, Works D,lo—Elot recommends the
City Cobblk,i.. pto—ol boolod.— 11 the existing loot— old
n,Mo— bd , with CFE I.E. I. ilb� f$7E,387.35 and
o, ho he City Adibmi"..". 'i", all tippmp6lt, d,oto—h.
D. Utilities DiA,hol ofthl, P.bli, Works Dlp.M.l.t —toolood, the
City Commission flWo. ppro, .. .E.dob-t to the existing bbbikd
p,,,,h,,' order ft,, h FE,.... Underground Inc.i. the 111t of
$20,000 .d otohlhu the City Administrator
tbsign all pp'.P'EEb,
documents.
, —b.
C. =z= h- ... tEl MEW— of the Pobli, Works Depart
.d CIE, CCommission. . pp,, p.,,h,,, old,, with
Ruse
Fence Company the
I. to, amount If"l,181.00 for p-lb—
aad install
of Chain link
ating for new bail
at
Plitt, and oth,bri�o t1b, City Adoli.k-t., to sign 11 ilpp,opi,hib,
do.—olit,
F. The Plamiing
Dh,khol of the Cl..."fity SImill, Dlp-oo,ot
d' that the City Commissioconsideroil. l, . EqoE,t by M,
Jonathan
.. Eliot, M'Gmth to waive III Site Plot. pplhotbol fees for SP 05-
04, l6M Powell Street.
G. City Adli khmill the City Commission award
`lh-g Ili— 11—d 1. tho, ...— f$40,000 to MGT of
A""' to d,,,I,p .... districts and authorize the City
Administrator to sb,. the
C,,.i,i.... Mlotgot —Ed b, approve the Cbb— Agenda,
with the —pti- of Item 9',od 9G S—d,b] by
Commissioner 14oh and carried by . unanimous roll -11 vote.
Co..i.ibot, Mlibg., said the maner regarding Agenda RE. IF was
before the City C,..i,,i.o previously_ H, dm1,,,,J there Iboild bb,.—
specific Efitbriot 1-1.piol to, the C.—mi.— follow.
Commissioner
Mob"'t moved to table Agenda Elm Emil
EW
lfib,'ia has been developed by lh, City Ado,mitbl- and City
AI—Ey.
CC 05 0 04/1 N
Discussion was Will regardingadditional delay f,his issue.
Commissioner Maingot withdrew his motion.
Mayor Bundy moved w approve Agenda Item 9F. Seconded by
Ccmmissroner Holt.
Discussion ensued.
Mr. Drago advised if Consent Agenda Item 9F was not approved, Mr..
MCGra1h will be rttprired to pay the site plan f . Ifthe item is approved,
he will be required to pay permit foes.
Mr. Miller said as ADA parking space must be added to be in compliance,
well as adding an additional parking space. k{e affirmed sraff has
oo cperated with Mr. McGrath by working hum both the old sad new
code.
Motion curried by a thredtwo roll call vote, with Mayor Bundy,
Commissioner Maingot and Commissioner Hoi[ voting aye, and
with Deputy Mayor Sackett and Commissioner Anderson voting
nay.
Deputy Mayor Sacken inquired about Agenda IN. 90.
Deputy Mayor Sackett moved to approve Consent Agenda Item 90
wmda oohing se nthe tof WD'000 to
MGT of America to develop wde mmpliance dismotc Seconded
by Commissioner Maingot and curried by a aaanimoas roll call
10. PUBLIC HEARINGS.
A, The City Ad.nends the City Commission read by
title only, set May 17, 2004.m aseeond public hearing date, cad
approve the first reading of Ordinance No. 00.1683, which amends
Article WIT of the Longwood Development Cad, which standardizes
Roles end Regulations for Ibe Laad Planning Agency, the Board of
Adjastment, aad the Hlatorde Preservation Board.
Mr Taylor aanoancM having proof of pabiicatioa for this and all public
hearings. He then read Ordinance No. -1683 by title only.
Mayor Bundy opened the public hearing. No one spoke is favor or is
opp ,,m.n to the ordinance.
CC 05-03-041105
Com er Maingot moved to close the public hearing.
Seconded by Commissioner Holt and carried by a unanimous voice
Commissioner Maingot moved to approve Public Hearing I—
I OA as presented and set May 17, 2004 as the sewnd public
hearing date_ Seconded by Deputy Mayor Sacke,.
Commissioner Maingot declared he had a problem demanding the Historic
Preservation Board and the Parks and Recreation Board be required to
prepare £vandal disclosure statements. He aff rmed the Commission has
the right to add to the requir ants ofthe statute He said the state does
impose this upon these boards and it is his intention to vote against this
Commissioner Anderson also expressed concerns with this provision. He
a[irmed this requirement would make it diffwlt m fill vacancies
Discussion was held.
Mr Dmgo said, unlike m sl lli ric Pres i.. Boards, the dty's
Historc Preservation Boardhasavastamountofauthotity_ He
acknowledged the board has authority for site plan approval, variance
approval, and demolition approval. He aftirtned they were comparable to
the Land Planning Agency. He said the City Altomey has previously
advised the Histotic Preservation Board should file financial disclosures.
Cam er Andetso cued to amend the motion not to
require all boards, but those boards listed m Florida Statures.
Seconded by Commissioner Maingot.
Discussion ensued regarding the verbiage, applies 0 all cnrrertr bwr✓
od-hac connnit,—mrd tuskfm ce —ideas that may he pMimed being
delved bum the ordinance.
Mr. Drags wsfirmed that this ordinance only address three boards.
Commissmner Anderson withdrew his mottos.
Commissioner Anderson moved to strike 9,1 0 A. Seconded by
Deputy Mayor Sackett.
Mayor Bundy aM—d this ordinance only applies to three boards and
requested modib mg the motion to enumerate the lhree boards the
ordinance applies to.
CC 05-03-04/106
Commissioner AM— m-dal the motion t, enumerate the
tivee boards and strike the sound sentence. Second agreed.
Mayor Bundy acknowledged all decisions —d, by city boards have the
right W appeal W the City Commission with the exception ofthe Codes
Ebf--t Board and the Paj- Board.
Amend motion carried by a unanimous roll aH
Nfi,m =im,t carried by , —i—, roll all vote.
B. The City Clerk recommends the City Commission read by title only,
..d adopt Or
dinance ..... N,. W694, which changes the qualifying
period for, I'I-I, I. b-- qualified to a. is tity
T.yl,,, read Ordinance N.. 04-1694 by title oNy.
Mayor 8-dy upend the public hearing. N, one spoke favor .. m
opposition to the ordinance.
C—i,m, M,mgm -,dl to close the public hearing.
S—bdd by C—mi.... Holt and carried by I — voice
C...i,i.... Ad,,,, -W W adopt Odm— 1694,
Seconded by MM,go and iedby a unanimous
roll .11 vote.
it. U ULARBUSINESS.
I City Atbbi.nlat- recommends the City Co..i,ti.n atitled by title
May 17, 2004 as 1 public hearing date
..dapprove the first
reading If Ordinance N,. — 695 prohibiting the .11 If t1b.—
p.d— .,Ia, I. dtligl1W areas It III Parks ..d RIMItill
Mr. Taylor read Ordinance No. 04-1695 by title only.
C,..i,i.... Holt .,ad t, le May 17, 2004 as the pAhl
hearing date and approve the F,,,t reading of Ordinance N,
1695 Seconded by Commissioner Maingot.
Coranww- Anders , expressed regarding Section 13 5-6, (q)
where it ttea ardor hIf—hy, H, toff—d each — should b,
tbatd separately.
CC 05-03-04i107
Commissioner Anderson moved to amend Section 13 5-6, (q) by
strikiegah&,, htsf—ily- Swonded by Commissioner Holt.
Discussion ensued.
Motion to amend ewied by a h ni.— voice vote
Deputy Mayor Sackett re1,- to paragraph (m) regarding designated
eat_ He avowed smoking should either be totally banned or allowed
tither than designating areas.
Main tried by a four/one roll czll vote with Deputy
Mayor Sackers voting nay.
B. The Planning Division of the Community Services Department
III.ends the City Com c s, on dispossible additi o the
Historic District Codebooregarding the protection and replacement
of tree,.
Mr. Drag' advised the City Commission had discussed, at their last
eting, specie, end the ratio for replacement offices in the Historic
Distfiu. He hated ifthe tree was within the footprint, it would be
umbent upon the developer to plan tIlepy tr et the
mquir softhe ordm ee_He affirmed it ewaded to give the
Historic Preservation Board the drst review when asita is being developed
and second review by the Commission. The item is back for further
disc-1—
Commissioner Maingot said the revision was very well done. He affirmed
they needed not only to look at the replacement size, but also the livability
ofthe replacement. He advised a 100 gallon w-mer would- vide a
m ofa 5.5 inch caliber tree at a cast ofapp"imately $1 500. He
stated the large caliber trees were of a prohibitive cost for obtaining the
thaand also the installation. He advised there would be a 50/50 chance of
t ving. hler ended modifying the replacement size
betweensa 6 to 7 inch caliber trees. He said the Sycamore and Turkey Oak
should be stricken from the list ofcan'py trees. He suggested adding the
phrase to the bottom, `ns amendedf_ le" ro rime. "
Commissioner H'It suggested this be studied further. He avowed they
needed to protect the trees he place.
Mr. Taylor advised if they impose higher standards than those of the
industry, thue ere legal ramifications_
Discussion was held.
CC 05-03-04/108
Mayor Bundy affirmed it needed 10 be specified when the cash bond
would be released 41e suggested funds be attributed to a nee bank from
fines for those who it, no[ obtain permits or fail to replace trees.
Deputy Mayor Sackett said he supposed striking Sycamore and Turkey
Oak from the list and adding to [he bosom of the listing, -'o mervted
jYom time «� rim-' He also supposed the 5 to l inch calibernee far
raplacamevt_
Discussion was held regarding reserved funds for trees.
Discussion was held regarding emergency trimming of canopy trees.
Mr. Taylor suggested they con>ider reireta[ing the requimment of a permit
to residenti,i areas prior to nutting down seas.
Mr. Dmgo said the Land Development Code should be reviewed relative
o tha s e oflre i He affirmed tr esidential ar s could be
addressed as part of the mandatory codetcompliavice.
Discussion was held regarding p—Ity fees
Mayor Bundy affirmed the City Administrator would bring this item back
with the recommended changes_
C. The City Clerk re-omntends the City Commission adapt Resolution
04-1088, Resolution 04-1089, and Resolution 04-1090 which designates
a depos Cory, designates authorized sign- and facsimile signs ores
for the City.
Mr. Taylor read Resolution No. 04-1088 by title only.
C.—— Anderson moved w adopt Rewlution 04-1088.
Seconded by Conimisstover Holt and carried by a unanimous roll
call vote.
Mr. Taylor read Resolution No. 04-1089 by title only_
Cam er Maingvt ved w adopt Resolution 04-1089.
Seconded by Commissioner Holt and carried by a unanimous rwl
call vote
Mr. Taylor read Resolution N. 04-1090 by title only.
CC 05-03-04/109
Comrciisstonu MAusan tnuved to ndopl Rem1-- N. 04-1090.
Seconded by (:ommisnorier Malrtgot end carried by l, uonnimous
roll call vote
12. CITY ATTORNEYS REPORT. 1,11 T lytet rnportcvl he received 11111 from
rney with GlIy Robinson tepreseaiting Pella Windows and Doors on Stu,
Road 4'34. They chimed the ,ty inetallCJ a srwe, force main on their propeny.
He Mvlsed iha City Ad mi or It, vh,,k,d i no this and has Atbi
wftfi Mr. K,, blulr rogatdi�ng this issue_H,e said theseis nsurvey showing It,,
W, die easemone deaunent bee riot beet, looted_ file laid the nuomee
haaeeediwed dte btatu[eofit tnlwl—will 1- out on May IS". They have
requrnted M¢ city enter into an agib—lb, tolling the stbl- while inva.tigafing
whetheriber valid eas t. Hesnidiftherc vthdeas tt,thed,
Will need to either pay for xther�e £onHe s,IM,,t,d
III— ng hill, to worse with biit, I!— In a resaituiou_ He inqu'trd if the
Corot on desired to infomh them the, onflice and thwou filly ld need to
seek o,h,, nnunsel. He also e,k,d if the. G'mamustun desired to e-, iato flu
agfecment for a brief I idof,line to toll th, statute oflit,bbiliona whle
mveatigating whethor they have a valid ll-,
Mt_ Drago wild ho has wnverstai wish the a¢otney from Gray Harris and he
would prefr to 1-to dva dal n if the city is requited to pay fr the
nil lie aflfrmed enter the fora, main would n d to be moved or they
",it, relative to till cost ofd,ernvunent. Iie said ifs coming to Ildgeooq Grey
Hams has a eontlid and would have to bnele dnt-
It — the consensus ll City Commission was to toll rho statuteof limitntiona
but not daelarn the conflict until l bigati noccure.
13. CITY CLERK'S REPORT.M, Mijares reminded the Commivsion efth,
Gevefrurhene iu the Sh-hine Law Saninar on Wednesday at 600 pm. Sh,
advised it Iwa burn movtal to the Cemmunny Buildin,.
14. ADJOURN, M.y,r Bundy adjonmed the meean1g nt975 p m.
A¢yytoud G. Ruody,
ATTi
sans, A Illprew. City CIt'll, �