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CCMtg04-19-04MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES APRIL 19, 2000. 7:00 P.M. Present: Mayer Dan Anderson Deputy Mayor ftutch Bundy Commissioner Jahn C. Maingot Commissioner Mike Flol[ Com er Brian Sackers Richard S~Taylor, Jr., City Attorney John J. Drogo, City Adminirtratar Sarnh M. Mijares, City Clerk Pat Miller, Interim Dlrectar of Commnnity Services Tom Smith Dlvieion Mavager of Streen/Fleets Richard Kornbluh, Division Manager of Utilities Tom Jackson, Chief of Police Carol Rogers. Interim Director of Financial Services 1. CALL TO ORDER Mayor Anderson cal led the meeting to order at ]:03 pm. 2. A moment of SILENT h1ED1TAT10N was followetl by TH£ PLEDGE OF ALLEGIANCE. 3. COhIMUNfF'1'ANNOUNCEMENTS. The following announcement was made: A. Senior Malivee will be heltl on Apri121, 2004 from 11:00 xm. uvtil I:00 p.m., Longwood Community Boilding, 200 West Warren Avenue. 'this momh's feature will be Casablanca. 4. RECOGNITIONS. A. District NS Nomination of the &,siness Person of the Month Award (or Apri12004. Con er Sackett oared ]oa end Ray Gna ' ofACe Gymn sties, located at 805 Weserway Place, as Bus'~veas Peersov ofrhe Month for May 2004. Nomination cartied by a unanimous voice vote. Mayor Anderson announced May 2" ° through May 0, 2004 was Municipal Clerk's Week- He read a pmdamation Por Munioipal Clerk's Week and recogn¢ed Sarah M. Mijazes ae the City Clerk for the Gty of Longwood. CC 04-19-04/8] 5. BOARD APPON'TMENTS. A. District q2 Nomination to the Codes Enforcement Boartl. Mayor AMerson deferzed the nom~nanon. 6. PUBLIC UJPUT. A. Presentations. McDisanif, Davis, Puckett & Cw will present the annual a0di[ for [he fiscal year ended September 30, 2003. Ms. Kelly Leary represen[ing McDirmit, Davis, Puckett & Company, ompanied by Carol Rogers, Interim Financial Services Director presented the annual audit. She repotted the city's fnancial statements re f'rly stated end in wmpliance with gov ant auditing standards. She announced the city received the Certifcate of Achievemem for Excellence in Financial Reporting. She then reviewed different aspects of the report. In summation, Ms. Leary said again the Management Letter has no recommendations for improvement. She stated the city is in good flnanual shape. Waste Pro will give an update on Ne new system end to amwer questions. Robert Hyres, Savior Vice Resident, Waste Pro, said they were very happy with the nansilion. He stated staff has been very helpful and wopera[ive for a smooth transition. He introduced Tim Dolan, Central Florida Division Manager, and said they would entertain any questions. Commissioner Maingot said the attendants on the Waste Pro trucks were no[ always in uniform and this needed to be wnsistent. Commissioner Sackett suggested posting the Waste Pro phone numbers on the cans. He also wmmented on attendants wearing uniforms. He asked if the dumpsters were ever cleaned or was it the responsibility ofthe resident. Mr Hyres said ihetrucks haU a system where they can spray disintBmant in the carts. Cora er HOlt asked if tkec ould withrtand the bumping against'the truck He also inquired if Waste Pro mould do a sanitary wash oftkese containers. Mr. Dolan reiterated they could spray disinfectant in the wns, but suggested the homeowners occasionally wash these out. He also affirmed if trash is placed in bags the containers remain clean. Deputy Mayor Bundy said thetmcks are slopping in the middle ofwide roads. blocking the traffic. CC 04t9-04/88 Mayor Anderson affirmed thew or Hew ended the new program He said one cancan he had was the fact than took approx~marely si weeks to complete a vaw serv~w addresz B. Publie Participnrian. )£ly4e Novex 301 Padinano Drives said the Commission would ba talking about the lease with Northland Community Church. He stated he would like to address, spaifcally, [he amended and restated lease agreement submitted [o the city this past week. He affirmed this was the same yarcel ofproperty involved in the lend swap. He referted to the map labeled "Pond Access Area Outside of Existing Fence", and staled it would be a staket nelude thls parcel in the laa a. The airy has o the pond inlthis azeai He slw ratbrrod to thearea labeled "Wooded Area Outside of Existing fence", and stated he had met with several of the church officials regarding this area. He affirmed this parcel of land was heavily wooded and the church officials have expressed an interest to stay on their side of the fence. He avowal removal of trees to develop this property would not agree with the tree permit. Ne said these ra the Duly treee on the property and it would be easy to develop a site plan around them, leaving them Iv place. He declared this place of land would better serve the <omm nity of Columbus Harbor. "/. CITY ADMINISTRATOR'S REPORT. Mr Drego said there was discuseian at the Town HaII meeting wncemivg nstalling sewers while road projects were in process. He had asked the Mr. Kombluh to review the road project between Pine and Myrtle relative to placing sewer lines contemplating future expansion. Mr. Kombluh said placing a line on Oleander, between Warren and Piue, the city would be sa up to wntinue the line dawn Hay the following year during paving. Mr. Drego said the cost would be approximately $'10,000 to place the lines at the nme ofthe road projects. Diswssion was held regarding requirements for wnnection to the system. Mayor Anderson said these capital improvements apprwiated the value to properties. He declared newly paved streets and sewers anracted families to the Deputy Mayor Dundy moved to have the City Administrator bung forward the change order and simultanwusly have the City Anomey research the Florida Stazutes and how they apply to the city. Swonded by Commissioner Maingot. CC 04-19-04/89 Deputy Mayor Bundy smted he would prefer to spend the $]O,000 to place the er lines in now, than additional money to [ear up the roads later for sewer installation. Mr. Drago said there were other areas the city may propose a vacuum system due to the required depth of the lines. Mr. Taylor Iefl the meeting ar ]:34 Pm. and retooled at ]'.39 pm. Disasston was held regarding lift stations. Motion cartied by a unanimous voice vote. 8. MAYOR AND COMMISSIONERS' REPORT. Distriel N5. Commissioner Sackett thanked Mr. Schmidt, Mr. Miller, and Mr. Drago for the presentation at the CALNO meeting April ]'" on the LAPP project. He reported he had received se eral lee ring thank you for the quality of ce they had received from the city. eHe said he had been speaking with Tamtmy Uliano, fourth grade teacher of Longwood Elementary School, regarding Heroes' Day. He stated, between Longwood Elementary School and Woodland's Elementary School, aPProzimetely 900 children would be signing this petition Com er Sackett reported he a ended the Iazt Parks and Recreation Advisory Eoard m ring to diso rteils and bike trails in the city. He stated there st by the Parks andnRec on Advisory Doard to work on this a joint projecte He a wed the Chair ofthe Parks and Rao on Advisory Uoaz0 cad shei ends to esign ifthe Commtss~on puts forward the new fnancial aiaoio:ore atamment. Commissioner Sackett stated there may be a conflict in his subdivision regarding City Code 22-32 regarding vehicle parking. There is a large Wek parked in the neighborhood that has been cited by Codes Enforcement. He stated the Code does allow [his truck to be driven across the lot to be parked behind a six foot fence. Thec and deed re rictions of this subdivision,states, no cial ovehicles a allowed in the subdivi which is the oppoa a of the aion City Code 22-32; and asked what he should tell the people in tha oeighborbood. Discussion was held rogadivg Homeowner Association Covenants versus the City Code restrictions. Mr. Taylor advised the Commission could amend this senion of the City Code. Commissioner Seekan smted he wntinues to notice largo [rooks parked overnight n the Pic- n-Save lot He said an alarming number of people arc taking residency tinder the bridge at 14/434, and Panhandling. Uistricl NI, Commissioner Maingot reported the CALNO meeting and the presentation on LAPP presentation was very well raceived He ezpresaed his CC 04-19-04/90 e thanks and apprec nto the Commission s, City Administrator and smRfor their wndolences. Distrie[k2. Mayor Anderson reported three Commissioners have told him they would be bringing up CAPP to their next meetings. He repotted Metroplan has ated they hav ough m nay far their projec s. lie s ated on esident has made the suggestion that when doing the Arts and Crafl Festival in the @II of the year to post a week in advance the street closings. He stated staff did a greatjob with the students visiting the airy. He declared the students had good questions end were very excited about the skate park District q3. Commissioner f{olt reported he had received a phone call on April ~'^ inquiring abom whethu there had been a school bus aaident at the comer of Warren end Milwae_ He inquired why the Commissioners were not notiAed, the students would be visiting. He read an a-mail from Ms. Kelly Tambereno. 208 14"' Avenue, regarding aavals running in between properties Mr. Drago advised Mr. Miller and staffwere looking into this sirvation as to whether this was a result of a dumpster too close or an erosion problem. Coin er Hol[ stared the residents asked ifthey can remove debris and non- nat~ve plants. Mr. Drago advisetl that Mr. Miller and the City Engineer would he looking at this area avd le[ the property owners know their tights and responsibilities. Commissioner Holt Hated, on Pinta Piece in Columbus Hazbor, therewes a fenced area. If you followed the fence around you would come upon a black cable that eventually was m conduit. He asked what type of cable this was. Mayor Anders said this afiber-optic tablet ring Northland Church with Lyman High School that as put ~n several yea s ago. Commissioner Holt stated he received The Lamplighter iu the mail today and inquired about its distribution He steed it advertises Blue Grass For Saturday and was cwt delivered umil Monday. Mr. Drago stared The Lamplighter is published three times a year. He advised that when delivering bulk mail the camera are determining the priority. Comm er Holt a atad when widen makes applica a boerq the appliscation is sent to the City Clerk for file. Iio requested e copy be provided w the Commissioners at the same time so they do not need to defer appointments. District H4. Deputy Mayor Duvdy stated it was generally left up to the Commissioner to fnd board applicarvs. He stated the Clerk does place espies in their boxes upon receipt of board applications He declared that Mr. Schmidt did a great job on his preservation at CALND. He advised that he had been working on CC 0419-04/91 the Sun Staze Tree property, as School Board Member Bauer acknowledgM during CALNO. He reported he has been working in regards to the issues with this company and stated he wanted the Commission to be aware this is an ongoing problem. Heasked that tha Ciry Administrator wotinue to nay in tooth with the county regarding this issue. Discussion was held regarding the property an Longwood Hills Road and whether they wem in compliance. Deputy Mayor Bundy inquired whether anyone had heard from the lobbyist. Mr. Drago advisM the lobbyist comm~s him weekly. He Hated they have formed wnference committees and have requested the Mayor send an o-mail m Repres ve Sim s. He said the Iobbyin attended a meeting held by the Florida League of Cities. 9. CONSENT AGENDA. A. Approve Minutes of the March 22, 2004 Town Hall Meeting and [he Apri15, 2004 Regular Meeting. H. Finance Division of the Financial Services Department recommentls payment of approved and estimated bills for April 2004. C. Finantt Division ofthe Financial Services Department recommends approval of the Monthly Financial Report for March 2004. D. Finance Division of me Fiaancial Services Department recommends the City Commission eaept the annual audit for the fiscal year coded 9ephmbu 30, 8003 as presented by McDirmiy Davis, Puckett & Co. E. Property Maintenance-ivision of Ne Public Works Department mends the City Commission approve a purthese order with Palmer Electric in the amount of 539,780.00 for the purchase and insmllu[ion of (4) seventy foot spun round concrete light poles & fixtures for Candyland Perk end authorize the City Administrator to sign all aDProptiafe dacumenta. F. The City Administretor recommends the City Commission award Bid N1Y04 for the ru notion of the Historic District Gateway Entrance Improvement Projeef to Conpilog International Company in the amount of 5244,008.d98nd authorize the Mayor to sign the contract. G. The Engine ring Division ofthe Community Services Depart mends that the City Commission approve a payment in that t of 525,284.56 to Progress Energy for utilities conversion from noel to underground distribution for [he W. Bay/PinNMyrtle/Oleanderimpruvements project. CC 04-19-04/92 Deputy Mayor Bundy moved to accept the Consent Agenda as submitted. Seconded by Commissioner Holt. Mr. Drego addressed the concerns of Commissioner Sacken regarding Consent Agenda Items 9 F and 9 G. Marion carzied by a unanimous roll call vote. la. PUBLIC HEARINGS. A. The Planning Division of the Community Services Department ends the City Commis:ion road ny rifle only and adopt Ordinance 04-1689 amenUing Chapter 2 Artiele VH Section Lt64 of the Longwood City CoUe relating to appliea[imt tern. Mr. Taylor announced having proof of publication for this and all public hearines. He then read Ordinance NO.04-1689 by title only. Mayor Anderson 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 bya unanimous voice Commissioner Maingot moved to approve Ordinance 04-1689 as preserved. Item IO A. Seconded by Deputy Mayor Bundy. Mayor Anderson said he would like to see criteria set for the Commission to follow fbr waiving fces_ Deputy Mayor Bundy suggested stating the City Commission may wxive any application fee aRer hearing the applicant establish a hardship case. Discussion was held regarding waiving of fees. Commissioner Maingot aRlrmed the applicant should appeal their case before the Commission- Mr. Taylor smted there may be oircumstanoes for waiving of fees that would not wnstitme a hardship. He suggested amending the ordinance by adding "upon a showing oCextraordinary circumsmnces -. Mayor Anderson moves to emend the Ordinance. Senion 2-164 by adding "upon a showing of extraordinary circumstances." Seconded by Deputy Mayor Bundy and carzied by a unanimous Motion carried by a unanimous roll call vom. CC o4-19-04/93 8. The Planning Division of the Community Services Department mends the City Commission read by title only end adopt Ord nonce 04-1688 amending Chapter 5 of the Longwood City Code to require recordation of building demolitions. Mr. Taylor read Ordirence No. 04-1688 by title only. Mayor Anderson opened the public hearing. No one spoke in favor or in opposition. Commissioner N 'ngot moved to close the public hearing. Sewnded by Commissioner Hoit and carried by a unanimous voice Commissioner Maingot moved to adopt Ordinance 04-1686, item I O e, as presented. Seconded by Deputy Mayor Bundy. Deputy Mayor Bundy said there was an article in the Seminole section of Sunday's Orlando Seminei onthis ordinance. Motion carried by a unanimous roll call vote. Il. REGULAR BUSINESS. A. The City Clerk recommends [he City Commission, inattordance wiN City Chener Section 10.01 (c), appoint a Charter Advisory Committee for the purpose of reviewing the Charter for a mazimum period of oneyear with the term of the committee to commence o0 June i, 200d and end on May 31, 2005. Ms. Mijmes said, with the Commission's approval she would place inations for the Chener Advisory Board on the next two ftegWar Commission Agendas. Com Doer Hoit asked if the appointment was required to be from their district. Discussion was held regarding the appointments to the Chatter Adviwry Board. Mr. Taylor said the intent was to have an appointment Rom each district serve on the board. Commissioner Maingot said they should find the best possible people m who has the time, knowledge, capability, and dedication m serve on th s board. Mayor Anderson confrmed this should be placed on the agenda. CC 0419-04/94 B. the Ciry Clerk reeommenps[he City Commission read by title only, and set May 3, 2004 as a publir hearing date and approve the lira[ reading of Ordinance 04-1694, which changes the qualifying periop far an elector to become qualllied to run io airy elections. Mr. Taylor read Ordinance No. 04-1694 by title only. Deputy Mayor Bundy moved to approve the first reading of Ordinance 04-Ifi94 and set May 3` es the public hearing date Seconded by Commissioner Maingot and carried by a unanimous roll call vo~e- C City Administrator rewmmeods the City Commission discuss the probibition of smoking in all City parks. Mr. Drego affirmed the City Comm n requested this m be brought hack for disc nafter esident brought up prohibition of smoking in city parks. He included the ordinepce Rom the Ciry of Port Orange for review cud diswssian Commissioner Holt asked ifthere would be a designated smoking area. Mayor Anderson said overall there would be bener recreatioi opponuiities with a nice environment for families to onjoy theperk. He agreed the larger parka oouid have a designmted area Por smoking. Mr. Taylor pointed out the Pon Orange ordinance was regulating smoking uhools. He stated this would be the function of the school board. He uegested providing for a penalty for enforcem a[ purposes. Discussion ensued regarding an ordinance for prohibition ofsmoking in City perks Commiesionu Saoken rated Ihere were no designated area Por amoking n the school zones. He stated he d'sagreed with having a designated area Por smoking Commiesionu Maingot smted something simple, showing consideration for the people within the City of Longwood and vi whoa mokers while prot ding the youth, could boa omplished~Ha said a designated with propu containers would be in order. Ha suggested the Ciry Administrator look at each individual site to achieve this without antagoniang people. Com or Maingot movedmraquest the Ciry Administrator and the Ciry Anorney develop an appropriate ordinan end/or regulation, to addreasthis particular matter, as discussed this CC 04-19-04/95 ning in order to bong into effect and be presented az the next meeting. Seconds! by Commissioner Holt. Mr Urago declared, by stating a designated area, this would allow Flexibility to allocate by sire. Motion cartied with no objection. D. Deputy Mayor Bundy regonta the City Commission review end discuss Ordinance 0}16'16 relating to the Community Building. Deputy Mayor Bundy stated he requested this item because when the Community Building first opener it had been policy that certain uses, such as Homeowner Associations using the building Ree ofchmge end the third Saturday ofthe month would be reserved for Blue Gass. He affirmed the Community Building had been rented in April and June on the third Saturday. He said he would like to see the ordinance modified for uveral ns. He declared the rental ofthe building has, perhaps, been under priced. He said this is the Longwood Community Building and they would be hard pressed to hold a city event Here. He stated they could limit rental m Longwood residents and businesses, or restrict the number oftimes tside residents or businesses could rrntthe building. He declared another disturbing in es that i[ cannot he rented more than a year in advance. He affirmed this was not in [he ordirance as policy. Mr. Taylor said the ordinance mould be amended m reflect a limited nt oftime for advance rnervations for nonresidents. He suggested doubling the ClassAand Class Bf Commissioner Secken inquired if Section 13.5-13. Use Policy, should e; "the LongwxH Communi yBuildlrsg is irrreMed primarilyfor city residents." He suggested comiwing on and addressing privatefunctions. He affirmed he liked the City Anomey's suggestion for Class A end Class Bf . Mayor Anderun suggested kceping the building reserved for specified days of the month for city events. Commissioner Maingot declared the ke structure should be adjusted by doubling both the Class A and Class B fees. Com er Holt suggnted checking in o what other municipalities weretcharging before changing our foes. Ueputy Mayor Bundy moved to direct the Clry Administrator to bring forward an ordinance amending Ordinance 03-Ib'J6 taking nsideration the City Commission wncerns. Seconded by Commissioner Maingot and certied by a unanimous voice voce. CC 04-19-oG/96 r neenty Mayor a,~nay regamo me city wmmu.ion reiaw a~a disc s the 1996 Colambos Harbor Izase with Notthland Community Cht~r~n. Deputy Mayor Bundy said he brought this issue forward because he nted to see which lease was valid. He stated it creates some potential litigation and ho wanted to resolve any flnther questions. Fle afllrmed in looking through the documents the ordinance covering the lump sum lease was Rom Flve years ago. Hesaid they have a 99 year lease fur a monthly 5100.00 payment- He dealerod lie did not see anything in the ordinance from fve years ago that enabled this monthly payment. Mr. Drago left at 9'.I S p. m, and returned at 9:18 p.m. Deputy Mayor Bundy stated he wanted these questions answered regarding the lease documents and which is valid Ho asked for clarifcation under a public format. Ms- Mijares left at 9'.21 p.m. end rerumad at 9:23 p. m. Mr. Taylor ated he had prepared three mndum regarding these es He effrmed that in 1999 eRerthe ordnance was passed tlrue were to be resolved. so the church continued making the monthly payments until the lease was signed As of this axle the 1998 lease has not bee toted. FIa statefl the 1996 lease remained in effect while awaiting ecuRon of the 1998 lease. He affirmed this became an issue with the proposed site plea Fle strongly recommandod honoring the 1998 lease and stated the city was obligated w do w. Commissioner Maingot stated he would like [o see, in real terms, how much of the initially proposed land to be incorporated in the leaseto the church was subject to use of the revised site plan. He acknowledged he would like to see the aroa developed as a park reserved fortheuse by Ne residents of Columbus Warbor_ Mr. Taylor a[ed. it as his unders ending rhea athey ar utilizingw oot part of the leased area and was pan of the buffer area. He stateq untils en be established if the church is willing to give up this area, it would further delay the lease Com er Maingot wed, if they could acwmmodate all panes involvtedsi~would be s win~win situation. Mayor Anderson aRrmed throughout the years a lot ofchange has rzed. He stated this was the chance w ask for modifcations and the City Aaomey would need to advise what they can legal(q request. Discussion ensued regarding the lease for the Columbus Harbor property. CC 04-19-04/9'/ nn~~~ ~.. ,nw,~sc orxa~o~m«,om~ a ~~- ~~ MflYOr u C L19-04/98