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CCMtg09-16-02MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 W. Warren Avenue Longwood, Florida MINUTES SEPTEMBER 16, 2002 Present. Maroc Pam Lnvestrana Deposy Mayor Dan Anderson Commissioner Batch BonAy Commissioner John C. Maingof Commissimner Steve Miller John J. Drago, Ciry Adminislramr Geraldine D. Zambri, City Gerk Richard S. "Taylor, Jr., City Attorney John Brock Director of Community Services Monica MiRM1NI, Director of Fivnneiel Services Commantler Russell CaM1mt, Police Division Richard Kornbluh, Utilities Division Alanager Tom Smith, Streets/Fleet Division Mnnager L CALL TO ORDER. Mayor Lnvestrand calledaregular meeting to order al ]:00 p. m. 2. A moment of SILENT MEDITA'r10N was FOLLOWED 6Y THE PLEDGE OE ALLEGIANCE.. 3. COMMUNITY ANNOUNCEMENTS. The following announcements wue made'. A. 3rd Annunl Rike Rodeo, Saturday, S<plmnher 21, 2002 -City Nall - 175 W. Warren Avenrie - 9:00 am to 12:00 norm. All ages welcomed - Sponsored by the Parks and Recreation AAvisory 6oartl. B. Blue Erase Pickin'-September 21,2002-6:00.10:00 pnr-Ed Myers Recreation Bonding, corner of W. Church Avenue and Wilma Street. 4. RECOGNITIONS/PROCLAMA'r10N5: A. District Ml Nomination of the Business Person of the Month for October, 2002. Commissioner Maingot nominated Manuel Torq owner end µiblisher of la Prense Newspaper. 685 S. CR 42]. LongwooA: in business for 2I years. located in Longwood for 10 of those yea nity involvement includes: providing an on-going in nship program "in jou nelism for students of Lyman High School, member ofNatioaal Federation of Hispani<Oumed Newspapers, Puerto Rican Chamber oPCommeroa Central Florida Latin Chamber of Commerce and is also involved in the promotion oPFlispaoic culeural events. CC 091602/205 5. BOARD APPOINTMENTS. A. Appointment ofa City of Longwood represenmtive to the Seminole Cannty Advisory Couneil of the American Red Cross of Central Plorida. Mayor Lovestmnd asked if any Commissioner wished to volumecr. Deputy Mayor Anderson said he would serve. Mayor Lovesrrand nominated Deputy Mayor Anderson. Seconded by Commissioner Miller and carried by a D. District N3 A[ Large Nominerion to the Parks mod Recreation Advisory Corrnril. Commissioner Miller initially deferred [he appoimment. However, following Item lD E~upan on by COmn- er Miller, by unanimous voice eofthe Comm ssioq the reeppoimmem afMr_ Ted Ueugherty was approved. 4. PURLIC PARTICIPATION. No public parrkfpnrlon. ]. CITY ADMINISTRATOR'S REPORT. Na report. 8. MAYOR AND COMMISSIONERS'REPORTS. District k2. Deputy Mayor Anderson offered some information he had ivedat the CALNO (COUnoil of LOCal Oovemmente)meeting. He said the City of Alramonre Springs ivtends to raise their millage by 10%. the Ciry of Sevford will lower theirs. and most of the cures wit I nay with [heir curtenr millage. Uisrrie[d3. No report. Uistricf N4. No report. District NS. No capon. Disfrict kl. Commissioner Maingor reported on having attended the moray that changed the name of CR 42] to Ronald Regan Boulevard. Comm er McLain sthe MC end Representative Mica was the speakur_Also in nGrdance were- Stare Senator Lee Constantine, Reprasevmtive David Mealor. County Commissioner Randy Moms and Deputy Mayor Anderson. Como er Maingor repotted on having at ended Iho memorial service at the Christ [piswpal Church on September I I. 2002. Deputy Mayor Anderson antl his wife were also in anendance. 9. CONSENT AGENDA. A. Pay approved and estimated bills for Septeanber 2002. B. Approve Minutes of[heSeptember 3, 2002 Regular Meeting. C. Approveabid award in the amount of %205,145.05 to Superior Asphalt, Inc, for Ure construction of the Park Avenue, Short Street, Milwee Street CC 091602/206 and wdma so-e nary so nstauanon and amnodre the Mayor fo sign an approprixh aoramemSOr i U. Approve the Monthly Financial Report for August 2002. Com er Miller ved to approve the Consent Agenda as submi[ted~ Seconded bq Deputy Mayor Anderson end carried by e unanimous roll call vote 10. PUBLIC HRARINGS. A. City Atlministrntvr recommends the City Commission reaA by title only, and adop[ Ordinance No. 02-1619 wbirh fizes the rate of ad valorem taxntion for fhe fiscal year commencing October t, 2002 and ending September 30, 2003. Mr. Taylor announced having proofof publication for this and all public hearings lis[ed on the Agenda. He then read Ordinance No. 02-1619. Mr. Taylor then read the following statement- The tax rate being proposed by the City of Longwood for FV 2002/2003 is46]00 per $1000 of non-exempt assessed valuation. Said is the same as the roll back rate of 4 6]00 per $1000 of non-exemp[ assessed valuation ae computed by F.S. 200.065. Mayor LOVestrand opened the public hearing. No one spoke in favor or in opposition. Con er Maingot movedm GOSe the public henring. Seconded by Commissioner' Miller and carzied by unammovs voicevote. Com er Maingot ved to adopt Ordinance NO. 03-1619.a presen[ed,olteni 10 A Seonded by Commissioner Millu and rertied by a unanimous roll call vote. B. City Adminis[ralor recommends (he City Commission read by title only and adopt Ordinance No. 02-1620 whim establishes revemies, expendihmes and fund balances for the City's fiscal year bodges commencing October I, 2002 and ending September 30, 2003. Mr. Taylor reed Ordinance NO. 02-1620 by tide only. Mayor Lovestrand opened the public hearing. Den Spak, 120 Columbus Circle, spoke in opposition to the elimination ofthe pos not Fire Marshal he noted his former a~Iiatione with the City oC Longwood Fire Divi volun ufiren afire ling office nthe 80's and 90's end most ruently es the Codes Enforcement Officer. He s' ently the lead Fire Inspector in Seminole County and spoke to the mpon eof having so staff to deal with fre prev vspeuions required by tha State of specific I'eulities suoh as~nu s ngehomes CC 091602120] vtd uhools. He also pointed to then city for the r w of all rte on plans He further mentioned the importanceeof inspections ofall ring buildings, ring it of don in Longwood as Longwood doe hav ovgh pars nel and disc sled the pore tial liabilities from of doing nspechonv. He urged the Commission not to abolish the povnon. Commissioner Miller moved to close the public hearing. Seconded by Commission Maingot and carried by unanimous voice vote. Commissioner Miller moved to approve Ordinance No. 02-1620_ Sewnded by Deputy Mayor Anderson, for discussion. Con er Miller said he had a tendency to agree with Mr. Spak, noting he mighmhavt ved hastily las week. Apd after tLnher nsidera said he believed the position was needed. He also agreed with Mr_Spak when he hltd said these inspections have not been done. He wntinued saying, he is corcect and it doe ~'t hav anything to do with the OFl1ce oC Fire Marshal, but with the person m thejobeHOwwer. the Administrator has szid this problem will be dealt with. Com er Miller ved to a the pos hon back in the budget~Secondad by CommtsstonertMaivgot. Deputy Mayor Anderson said the Administrator explained w eaoh Commissioner, individually, thejustification for keeping the position. In addition, as Commissioner Miller has said, the Administraor would be on rop of the Department to assure everytltivg gars dove. Com er Maingot sxid. after disc with the Admi or. hew aced of [he need for the position, but agreed with Commissionw Millet's and he believed, [hat was the concern of the Commission at the last t ngtHe thought what the Commission said motivated some people as to [he lack of how as being dove and felt confident the Administator would tako care of the problem Commissioner Miller said he hoped everyone remembers this because he believed people in high pos ns hav to hea ntable, hav wdo theirjohs, do them in a profcient manner, and the superv fors of [hese individuals need makes a they ere Bening don Next budget, rho supervisors who do not make these things happen may also be iv jeopzrdy. Motion carried by unanimous roll call vote. Com er Bundy then introduced discussion regarding the pos n of Cod x En[orcement Secraary saying the Commission bad previously voted to elim ateJ the Fire Marshal pos and put afpll-time secretary for Codes Enfareemem and asked if the Cov~mission wished to leave that in place. He then asked the Administrator to address the necessity ofa fiill-time versus a pan-rove pos~non. CC 091602/206 Mr. Drago said m [ ofthis inform ered at the last ring where the Dire said the mll-time secretary would take care of the bulkaof the paper work Processing, and handle the phones, which weuld allow the Codes Ofticus to rtay iv the feld. Deputy Mayor Anderson said, with respect to the individual eomin6 from cords keepinK end being asked to do clerical work for Codes. the Public Safety Dirac or haA indicted that that individual would still be able ro do wrd keeping in the Pire Division. Since it was all the same division, and ho ethue onld be belt enperv n, hebelieved the person could be uoss utilized and would lean Yoward leaving it. Mayor Lovestrand said he thought half-time was enough. Commissioner Maingot said if there was crass utilization and, if so stipulated. he thougnt it well worth it, ring wmplain s about the slowness of processing are s[il I being Feard. aHe thought they needed the support, and also said that the supervisory funuions arejust as important Commissioner Bundy said he thought the Commission would be wamhing it closely and would be looking at it again next year and that he would be more nclined, at this m hav apart me position and just transfer it over. tinK there ould beeoost sevivgs if it were onlyapert-eime position. He also thought it ould provide ev opportunity to observe how well it working, a whether it was affording much assistance and if Codes was speeding up[olt weld he evaluated and than i[ wind be upgraded to a full Limo position. Commissioner Miller moved to eliminate the position of the pan-time Records Clerk in Polity and install the pos n of part- secretary in Codes Enforcement. Sewnded by Commissioner Bundyne Com er Miller correned his motion to say the part-time position in the Fire Div s on not Police. Commissioner 6undy agreed. Commissioner Bundy reminded that the Direuor of Public Sakry said there would be uses urilizetion- Mr. Drago said with relation w the position being full-time, not pan-time. Deputy Mayor Anderson said, addressing Commissioner Maingot' em he enla tmai mat amrria rpuy salsas an the ame arts mat [Here is cross tilization. Motion carried by unanimous roh call vas Mayor Lov and read a portion fion nt ha had prepared (statement ie hueby at eolied and made a part of mesrewrd)in which he indicated his r the dec sing budee surplus rthe past year and that he believed this was due o spondins Hey faexer men it was comsng in and he cc osteoznoe believed that was abed ttend- He further said he diA not believe the Fire StalioNco oiry facility on Weyman Ave eshould be builtn wbeca s though pric might goup when, he noted, thec tof living is level usNe believed it would be more prudent to.vpend money as t comes io instead of spending it down like this and that was his problem with this budget Deputy Mayor Anderson said he respected Mayor Lovesuand's concerns for those numbers as he, tao, watches and, with the exception of the General Fund. which he still had a question on, the othu funds are than for the purpose of doing projee s_ They ar collected to n the bank end he expected those funds to be reduced from Imving done projects- And, the[ money veil I be ming in again, to build those funds. He saiA there was no problem with drawing down those funds as that is what they ar ended for. As to the General Fund, he said he shared Mayor Lovestrand's concern as he could not on page'/ ofthe budget, the fund balance shown on Oetober 1.2002 oral with the fund balanu: shoum on another page for September 30, 2003 otaL He seesa Aiffuence of ebouttwo and one-half million dollars and he believes it should be a difference of about one million dollars because that was the amount allocated to do the Fire/communityfacility. He further reminAed that the auditor has encouraged not postponing a project if there arc fiends available. Discussion continued during which time Mr. Drego explained how ac different es during the year, based on incoming revenues, i[ will appear that the City has amassed a large amount ofcash that is allocated, but n t spent. Commissioner Maingot concurred with Mr. Drago's recommendation saying ha believed the City was spendiog the mousy wisely and ehonld build the fire/meeting facility now. Commissioner Bundy was in favor ofbuilding the Facility today, noting there have bee omplain asking when the streets were going to be paved and omplain scthat projec of being don and,m nwhile, re being mulemd- He said co rt going up; ro build today is cheaper than xt year or the following year. He believed caution was being excused andnm nay was being spent on projects that the Deople want. Mayor Lovcstmnd recalled when the City was really scratching for money and hated to sea it get so close. Hewould prefer w put another 850.000 in a sinking fund toward the wnstmetton of the IYre/me ring facility- Con er Miller said live million dollars was low bm does not believe the City s env dangerend could proceed with theprojecrs as he believed the fire s needed. Ifwe eit. vests will go up dmmaucally and thought the Cy shouald move ahead. Discussion ensued with respect to the proposed eommunhy facility providing for different needs than the new Community Building. CC 0916021210 Depuy Mayor anaerapn acid. poiming fo anomer ear that naa mreeaaea its millage. reduced stafF. etc. noting he was proud to be able ro say that Longwood wall lower its millage, balance its budget provide more benefits and was doing m re Orojecn. Com er Miller ninded thalafea schedule Por the wCam airy Buildingsneeds to be esreblisned and considered the building e "class au" and believed thaP sshould be charged accordingly Motioq as amended camel by a four/one tall cal I voce .vith Deputy Mayor Anders n, COm er Bundy Com er Ma1nK01 and Commissioner Mil ler v ring aye with Mayor Lovenrand voting nay. C. City Administrator recommends the City Commission read by title only anU adopt Resohution No. 02-1059, adopting a Five Yenr Capital Improvement Program for the Fiscal Years 2004, 2005, 200fi, 2001 and 2008 pnrsnant to the. requirements of Section 6.0> of the City Charter. Mr. Taylor read Resolution No. 02-1059 by title only. Mayor Love (rand opened the pOblio hearing No one spoke in favor or in opposnron. Commissioner Miller moved to close the public hearing Seconded by Commissmner Maingot and cartied by a unanimous voice vote. Commissioner Maingot moved to adopt Resolution No. 02-1059. Seconded by Commissioner Miller and cartied by unanimous roll call D. Cirv Administrator recommends the City Commission read by title only and adopt Ordinance No. 02-1621, which grants a tnree-year Non- Exclns ve Franenise for the t»Iletlion of eommercial solid waste to Orlando Waste Paper Company, Inc. Mr. Taylor read Ordinance No. 02-1621 by tide only. Mayor Lov rand opened the public hearing. No one spoke in favor or in opposition. Commissiooer Millar moved to close the public hearing. Sewnded by Commissioner Maingor and cartied by unanimous voice voce. Commissioner Miller moved to edopr Ordinance No. 02-1621. Seconded by Deputy Mayor Anderson and cartied by unanimous roll call vole. Nate: 10 D was reconsidered following hem 10 E. CC 0916021211 E. city Aammixo-atnr rrenmmenaa me cin enmmiaxma reaa by rue nary and adopt Ordin <eNO.02-1622, which grantsa three-yearNon- Exclos ve prao<nixe for tlm collection of commercial soliA waste m Container Rental Company, Inc. Mr. Taylor read Ordinance No. 02-1622 by title only. Mayor LOVestrand opened the puhlic hearing. No one spoke in favor or in opposition. Commissioner Maingot moved inclose the public hearing. Seconded by Commissioner Bundy and carried by unanimous voice vote. Can er Maingot ved to adopt Ordinance NO. 02-1622. Seconded by Commissioner Miller. Commissioner Mil let asked why the franchise was for thrre years. and not f'or five years. Discussia~ ensued after which Commissioner Miller suggested wnsidering a fve-year ftanclrise in the future Mayor Lov and suggested amending to wards rve-year franchise and ne ~~~nlae naa abeaay new. awmena ax a mm~rear eand,iae. if a,ere 0 objeotions the Commission could retain m Item 10 D and could amend it w e fivwyear franchise. Commissioner Miller moved to amend Item 10 E, to [end e fivwyear exclusive franchise instead of a three-year hanchiso- Seconded by Commissioner Bundy for disassion. ' Dixcussion ensued with respect ro the &anohiece having to agreetoallve-gee franchise and not foreseeing that as a problem. In addition, it was noted the franchise provided fora 30-day Notice of Termination clause for either parry. Motion carzied by a unanimous roll call vote. Main motion carried by unanimous roll call vote. Mayor Loveatrena said that Item I OD would now be reconsidered. Coin m Maingot oved to adjust the time frame kr Ills franchise flow three yearn to Eve years for Ordina ce No. 02-1621, Orlando Was[e Paper Company, lac. Seconded by Commissioner Bundy and carzied by unanimous roll call vwe. I1. REGULAR BUSINESS. A. City Administrator recommends the City Commission read by title only, set Ottohrr ], 2UU2 as the public hearing awe, xnd approve the fin[ reading of Ordinance No. 02-lfi24, wnirh grants athree-year Nmt- CC 0916021212 exans.n Frannniae roc aye ealecrion orwmmmrial aoha wame m Republic Services of Florida, Limited Partnership. Mr. Taylor read Ordinance No. 02-1624 by title only. Commisaionu Millar moved to approve Ordinance No. 02-1624 on frst reading and w schedule a public hearing for October ]. 2002. Sewnded by Commissioner Randy. Com uMningot oved an endure elhe term of the kanchise from threo years to Pve years' Sewnded by Commisaionu Mil lu and oerrieq by a unanimous roll pall vote Main motion. as amended cartied by unanimous roll call vote. B. Clty Administrator ruommeods the City Co:nmisslon read by tide only, xet October'/, 2002 as the public hearing date, and approve the first reaping of Ordinance No. 03-Ifi25, which grants a threo-year Non- Exclusive Fraochlse far the collation o[ eommer<ial solid waste to wn,te Mnnagemenr urn. or Fmdan. Mr_ Taylor reed Ordinance No_ 02-1625 by title oNy. Commissioner Maineot moved to approve Ordinance No. 02-1625 on fim reading with an amendment w increase the term ofthe franchise from three years to fve years, and to schedule a public hearing on October ]. 2002. Sewnded by Deputy Mayor Anderson and carried by unanimous roll cell vote G City Administrator ruommeods fee City Co:mnission read by lithe only. set October ], 2002 as the pobli< hearing dflte, and approve the first reading of Ordinnnre No. 02-1626, which grants a three~year Non- F.xclus ve Francnise for the tullectinn of commercial solid waste to W aste,Pro of Florida, Inc. Mr. Taylor reaA Ordivavw No. 02-1626 by title only. Commissioner Bundy moved to approve Ordinance No. 02-1626 on first ceding with an endure ether rm of kenchise from ntto inucae throe years to flue yearn end to schedule a publicehearing for October ]. 2002. Seconded by Cammissionu Mflingot. Motion caried by a unnn,mous roll call voce. (2. CITY:\TTORNEV'S REPORT. Mr. Tnylor briefed the Commission on an issue recording Highline Drive which is located oRof W. SR 434, nosing :hat this industrial pzrk has been a problem from a planing and survoy standpoint since the 10's- tie said tha: he nod rweived rrespondence from Michael Kramer. a Cornier City Anomey. on behalf of David Dem whoo sthe fen pmpeny on the right sideaayou caner Highline Drive with resputm the ownership of [he 100 Fet ender Ne powulines. Mr. Demetree CC 0 91 6 0 2121 3 nai reg., e ",~~,.~ IA. AdJ6I1RN. n nretl ~.m. cc oe~souz~a fiept. 1G,200a My &Ilow Commissioners At the lest meeting I had ,some misgivings about approving the new 2002 / 2003 budµot miw to the t)im rof Finance ra dieek some numhnm concerning the suRluses over the paa few Years When the presmrt commission was elected in Nov. 1999 it solicited a budget, which it fbllowcd for almosieyear. At the end ofthis 1999 /2000 6udget the surplus as cured by the cash end cash carry fonvazd wua a9 follows general food ~ fi't,08],186- the public t clitlea fund $3,0>6925; the water and sewn fund 4.398,981 and the storm water fund fi1,08],053. This tomis $15,630.195. ($OYfcC-audited financial statancnt) The wrrent commission approved its [rst budget for 2000 / 2001 hsnl year. At the end aftliet year the cash vrd cash carry forward totals were ns follows; the geneml Wnd was $6,265,84'1; the public faoilities fund was 3,140,293; the water and scwcr fuotl was 53.296,192; and the stomr water fund wns $I,130,123- 'I'bis wmis $%13.832,4>5. (Same so rte) 'ilia second budget ofthis oomnussion continued this trend ofdiminishing reserves and the results for 2001 / 2002 are not yet final but 1 I months are past and these ligures ace the projected results from the Rnnnce drecwC the gepernl fund $5 V66225: the public facilities fund $I,6G1,08R; the wvter anJ Sewer land is $2,"]94,885 and the storm water fund a $695,122. At the end of this fiscal yeaz, two weeks from now our surplus will be $10,61],323. TNs is a $5 million reduction since this commission lust stancd. I.onking int xt year the projeelion get much low and w taken fiom the budget ow proposed I[we pass this budget as now presented the stnpluses as measured by Dash and cash carry fonvwd wll M: the geneai funtl $3,000,000; the public fncilitiea fund $G20,041; the water grid scwcr fund 51,145,422 and the storm water land $]2.422. As pro,jcoted'm the budget, the total is only $5,43'1,]58. This is e $10,000,000 or a two- thirds reduction m surplusvs- We are spending money much Ester itran it is coming m and it`s a bad trn+id At die rate are spending we will run out ofcash in a few shun years wid the stall will ire asking for to feed this s appetite- There is niready o hint of this in tl>r budget essage. Irainot suPponlthis budget. foul Lovestraod