CCMtg10-20-03MinLONGWOOD CITY COMMISSION
Longwood Ciry Commission Chambers
175 West Warron Avenue
Longwood, Florida
MINUTES
OCTOBER 20, 2003
7:00 F.M.
Present: Mayor Dan Aoderson
Deputy Mayor Steve Miller
Commissioner John C. Maingot
enmmia.inaer amen Hnnay
Commissioner Paul Lovestrand
Rirhard 5. Taylor, Jr., City Attorney
Jonn J. Drago, City Administrator
Sarah M. Mijares, City Clerk
Pat Miller, Interim Director of Cammvnity Services
Tom Smith, Uivieion Manager of Streets/Fleet
Tom Jackson, Chief of Police
Julie Walls, Cmnmunity Services Coordinator
Paw Sivemare, Community Services Coordinator
Jay Sargent, Division Manager of Plavning
Ron Kowalski. City Engineer
Carol Rogers, Interim Director of Financial Services
1. CALL TO ORDF,R.
Mayor Anderson called the meeting to order at ]:00 pm.
2. Amomentof SILENT MEDITATION was [ollowml by THE
PLFDC.E OF ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. The following announcements
were made'.
GTY OF LONOWOOD FAL L FESTJFAL
A Safe A(rerrwrNe ro'lilek or !'rearing
Oarober 29'", Onobe! 30`v and Ocrobes 3/"
Haunted Horne artd Haavil(e (Only)- 6:369:OOp.m
FALL CARNIVAL
Friday, OriaOU?1" HALLOWEEN
Huu nred HOUSe and Noovitte
Gamee-, Prizes, Foad, Gmdy, Mnnnwalk, Music and Lats of Fun
5:00./O:OOp.m
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•*•(os/ume Conlert S/nrting at 6:3tl y.m `••
Ar the Longwood Police Division, 335 W. Chureh Avenue
a. RECOGNTTIONS.
A. Distnct #a Nom n of the Business Person of the Month
Award for November2003.
Commissioner Bundy nominaed Don and Soon Monti of Sweet
William Antiques located at 216 West Warren Avenue as Business
Persons ofthe Movth Award for November 2003. Nomination
carried by a unanimous voice vote.
5. BOARD APPOINTMENTS,
A. District #2 At large Nomination to [he Cotle Enforcement
Hoard.
Mayor Anderson deferred [he nomination.
B. District #3 NOmination to [he Aistoric Preservation Board.
Deputy Mayor Miller nominated Debby Dix ro the Historic
Preservation Board. Nomination carried by a unanimous voice
C. Distric[#a Nomination to the Pnrks and Recreation Advisory
Board.
Commissioner Bundy deferred the nomination.
D. District #3 Nomination to the Lund Planning Agency Board.
Deputy Mayor Miller nominated the reappointment of Denny
Emory. Nommauon w~ried by unanimous voice vote.
6. PUBLIC WPUT.
A. Aiblic Partinipatron.
Bill Bnwmar 610 Riverside Coun, represented The Landings
Board. He thanked Tom Smith and the Com rs for
keeping the pumps mooing during the stormsm'He stated they were
looking forward to hearing the Commission's resolution to tlus
problem.
]. CITY ADMINISTRATOR'S REPORT. No report.
8. MAYOR AND COMMISSIONERS'REPOAT.
Distrief qJ. No repon.
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Dian+n a4. Commiasnnm Dnnar anplanaea ine emneofpohce ana the
Police Department far how they handled the inoident this pall weekend-
Diatriet k5. Commissioner Lovcstrznd elan congratulated the Police
Chief and the Police Department regarding the incident Dis past weekend.
He stated the Police Department looked very favorable in the media.
District NI. C.[mmieaioner Maingot Hated the Longwood Canal at Tullis
and Wildmere hasalot of silt in ethe henry ra s. He asked Mr.
Drage w run[act the County ana ask thorn to clean out the drain and silt.
He also reported there ~s a small connecting dirt road offthe comer of
Lake and Woodcock that needs some fill and grading Ha repotted he has
ived a number of complaints regarding people continuing to speed
between 434 and Wildmere. He congrnulated the Chief oPPOlice end the
Police Department for Handling a ditfmull situation and resolving it very
professionally.
District M2. Mayor Anderson also gave his wngratulations to the Police
Department.
9. CONSENT AGENDA.
A. Approve Minutes of the October 6. 2003 Regular Meeting.
B. Finance Division of the Financial Services Depat4ment
mentls payment of approved and estimated bills for
October 2003.
C. Finance Division o[the Financial Servi<ea Department
mends approval of the Mmuhly Financial Report for
Sept tuber 2003.
D. The Politt Division recommends the City Commission appro
the lease of forty (40) Panaaanic laptop mobile computers from
Pomeroy Computer Resources Sales Company. Inc. in the
t of 860,141.14 and authorize the City Administrmor m
sign the lease ogre meat.
F.. The Fire Division of the Depart [ of Puhlie Safety
ends the City Commission appro .v blanket Purchase
Order Por Sem Hole Couory FIee4 Maintenance Hat la exceed
$35,000.00 and authorize the City Administrator to sign the
purchase order.
F. The Fire Uivixion oCtNe Departmmtt of Public Safety
mends the City Commission approve a Blanket Purchase
Order for Advanced Data Processing, Ina. not to exceed
532,250.00 and anthorlu the City AUminialrnlor to sign the
Pnrthase Order.
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(;. Street/Fleet Division of the Public World Department
mentls the City Commissiov approve a purchase order
xith $trei<her Mobile Fneiing in [he amount of $100,000.00 for
the purchase of gasoline and diesel foal and authorize the City
Adminuwtor to sign ail appropriate documenn.
H. Utilities Division of the Public Works Department raommends
the City Commiasion approve a blanket purchase order in the
ount of 5120,000.00 to Amco Water Metering Co., Inc, for
furnishing replacement water meters and authorize the City
Administretor to sigo ell appropriate documents.
1. Utihtip Division ofihe Pnbiic WOrW Department recommends
the City Commission approve a blanket purchase ortler witM1
Smifh90n Electric Ina. in the amount of $25,000 end auihoriu
the City Administtamr to sign all approprinte documents.
d. City Administrator rttommentls the City Commission approve
the upenditure of 59,000 from the Spaial Law Enforcement
Trust Fund to sponsor two busses for the Lyman High School
marching band to ahend the Sugar howl on New Year's Day.
K City Administrator recommends the City Commiasion approve
a pnrchase order in the amount of $82,]45 to the Verdin
Company for lAe purAase of a clock tower for Ilse Historic
D'utrict gateway en[rences and authorize fhe City
Administretor fo sigv the purchase order.
Deputy Mayor Miller moved m eppmve she Consent
Agenda as wbmitted. Sewnded by Commissioner Maingot
end castled by a unanimous roll call vote.
10. PUBLIC H EARDVGS.
A. City Administretor recommends the City Commission reed by
title only end adopt Ordinanre 0}16]6 emending Chapter 13.$
of the City Code t nclude regulations and fees for the
Langwootl Community Building.
Mr. Taylor announced having proof of publication for the public
hearing. He then reed Ordinance N0.03-Ib]b by title only.
Mayor Anderson oprned the public hewing. No one present spoke
in favor or in opposition.
Commissioner Meingot moved so close the public hearing.
Seconded by Deputy Mayor Miilm and eaeried by a
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Commissioner Maingot moved to adopt Ordinance No. 03-
Ifi]fi as presented Item IOA_ Seconded by Deputy Mayor
Miller.
Commissioner Lovestrand referred to page four where it references
a building se w fee. Ne stated ha thought the sernca foe was
inclusive in the remal fee.
Mr. Drago explained that the rental fee covered the fixed wst and
the service fe wvued the cleaning of the building.
Disc as held regarding wnflict other oral ofthe
build n6 and being consistent using one system to dowment
rentals.
Commissionu Bundy moved to amend the motion by
rtinga ether es; Nor wll/Ne vu/rd
nrlorr
t~rthl the rise soonest ]s srgeed 8ewnded by Commissionu
Lovestrand and cartied by a unanimous voice vote.
Maio motion oartied by a unanimous roll call vote
ll. REGULAR BUSINESS.
A. Clty Atlmtmstrator recommends the Ciry Commission read by
title Doty, set November 3, 2003 as a Public Nearing date, and
approve the fire[ reading o[ Ordinance 0316]5 repealing the
ring Longwood City Code Chapter 24 "Stormwater
Management" and replaeing it with a new Chapter 24
"Stormwater Managut ant.
Mr Taylor read Ordinance No_ d3-16]5 by title only-
Coin er Maingot oved to approve the first reading
of Odinance No. 03-I6]5 and se[ November 3, 2003 as a
public hearing date. Seconded by Deputy Mayor Miller.
Mr. Dingo atlvise0 that This Ordina as before the Con n
order o addres and enforc r ryste on private
proPertyt 1~{e acknowledged the fees haveenot ohanged_
Mr. Miller stated (here were changes to ba made and amendments
to bring the Clty Imo wmplieneewith NPDS pemri[[ing.
Mr. Sizemore introduced the Ordinance and reviewed Chapter 24
which was divided into two articles. Ne reviewed each article in
detail and smted Ihet the addition of this chaptu brings the City
into compliance with the code.
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Commissioner Maingot inquired if anyone in the audience had any
questions.
Mr. Miller advised that anyone in the audience wWd wntact him
o address any conwrre they may have }le affirmed this
Ordlnenwprotectstha water synem
Mr. Drego advised the County processes the stormwater system,
but the City must be vigilant na to allow harmful waste imo the
aynem.
Commissioner Lovestnnd stag, for the rewrd, he was agaian the
f .
Motion cartied by a unanimous roll call vote.
B. City Adminisfratorrttommends the City Commission read by
title only, and set November 3, 2003, as a public hearing date,
and eDprove the tint reaaing of Ordinance 0}l6]] whim
teblishnatemporarym nthe review ana
e of permits [or game rooms, ettaau, dance halls, and
miler indoor enttrteivmta[ ana amusement attivities
pendivg [he inveatigeaov o[the permitting criteria.
Mr. Taylor read Ordinance No. 03-Ib]] by title only.
Deputy Mayor Miller moved to approve the frst
reading of prdi~unce No. 03-16]) and sin November 3,
2003 as a public hearing date. Sewnded by
Commissioner Maingot and tamed by a unanimous roll
call vole
C. The Plavning Division of [he Community Services Department
arses mecuy commiaaioa review ana aiawaa mt
sea Historic Dlatriet Dse Ca[egorin ana take arson the
Commission deems appropriate.
Mr. Drago Hated tws dowment was reviewed and diswsse0 at the
last Commission mceting. He reviewed the two revisions to the
dowment.
Deputy Mayor Miller moved to arcept hem 11 C as
submitted by the City Administrator. Seconded
by Commissioner Maingot.
Mdrew Donkiq 250 Wes[ Church Avenue, appreciated the
Commission inking [heir time regarding the matter. He rimed this
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impaatadamrofbns aHa stated mo Hist to Dialect was
very successtLl and he was proud to be pan of itr
Mr. Drag0 off rmed that if the Commission voles favorably of this
document, it would go through the normal process as any t.and
Development Coda 1{e advised the cunevt Land Developmem
Code incorpowies the Historic District Regulations Tne revisions
will be required to go beforetha Land Planning Agency end then
come before the Commission as an Ordinance with two readings.
Motion carried by a unanimous roll call vote-
D. The Engineering Division of the Community Services
Depart ~ ends the City COm and
disc s three conreptuei plvns [or impro o the Tartan
Street retention pond serving Highland Hills antd The
Landings.
Mr. Drago Hated the Engineering Division would be discussing
fou ceptual plans. He advised that staff would be r wing
the four optio s. He slated, regardless of which plan will be used
for improv eofthe plans would eliminate flooding He
advised thetitlie,mpaa oould be substantially reduced.
Mr. Mil ter reviewed the Pour conceptual plans through a power
point presentation. He reviewed the preliminary engineering cost
Mr. Kowalski stated the city had made so modifca r
the past years. Fte advised that oach option reviewed would ve
requir apump station.
Commissioner Maingot stated the city should do what was best for
the residuts oPtlie subdivisions. He affirmed this should be UOne
oonectly the first time
Mr. Miller reviewed the timeline and advised that six months was
re~listic-
Mr_ Drago reviewed the cost sheets. lie advised the timekama
would be longer due to the requir meat m ga out for bid.
Mayor Anderson questionM the drainage into the Golden Groves
area and whether this could be re-muted.
Commissioner Maingot statM the[ more then 50% of the water
comes from Longwood Hills Road.
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Discussion was held regarding fbe drainage in the Golden Groves
Discussion was held regarding Option 4.
Discussion was held regarding gravity synems.
Deputy Mayor Miller moved to approve Option 4.
Seconded by Commissioner Bundy.
Ned'ne Tolos, 316 Heather Avenue, discussed the pipes that were
placed underground previously. She stated her concern was than it
does not Flood again.
S dY ~ 1411 Parrot WaY. asked if this waz public
panicipation.
Mayor Anderson stated this issue was large enough that he would
like to address [he residents co~cerns-
~grh~ra Hale, l IS Loch Lomand Avenue, stated she moved here in
1980. She stated when their retention pond was done away with
and pipes re put in, vegUation was planted. She stated this is
ow being used as a park. She stated prior to using Option 4, she
would like to see the pipes at Tartan StrUx fxed to see if this
would help the problem.
Bill Bow ~, 610 Riverside Cou tared his unders ending w
that ifthey go with Option 4 the pumps would be replaced with
new double capacity pumps.
Mr. Kowalski responded in the affirmative.
Discussioo was held regarding the two-stage pumps for high and
low capacity.
jQAnne Rebello. 301 Loch Lorrand Avenue, stated she understood
that Option 4 would open fhe pond that waz there before. She
stated there shwldn't be flooding ifthe pipes were enlarged. If the
pond would be opened, she azked ifihe existing capacity woultl
help slow the Oow ofwater.
Mr. Miller rated (here woWd be so ainfall ev where
Ihey wouldrvot be able to prwem flooding This plannwould
se the capacity and the removal ofwater as best the basin
could handle.
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Mr. Howmgr, asked how large the pipe would be that would run
downthe back side ofthe Landings. He asked whet the capacity of
the pond in Highland Hilis would be.
Mr. Kowalski advised the pipes would be approximately eighteen
riches in diem er. He s aced the design a es have been based
to sovan and a half inches of rainfal lawithin twenty-Pour
hours.
Commissioner Maingot requested that staff move forward with
this, but that during the process the Commission is ggven updates.
Deputy Mayor Miller reiterated [het Mr. Miller stated any resident
can contact him with their concerns.
Motion parried by euuanimous roll call vote.
The Commission recessed at 6:40 p m. and reconven d at B'.45
p m.
E. Deputy Mayor Miller requests the Cily Commission discuss the
City Attorney.
Deputy Mayor Miller reed for Ne record, the luterdared October
10, 2003, attached to the agenda item. He stated the vote should
have nevu been taken at the last meaxing. Ha affirmed the Charter
will betaken until the nexi meeting }te sorted that
thisa tin6w sthe date tingm ring wheehor the City
AtWmey should be removed' He Baked that the City Charier be
Pollowed_
Deputy Mayor Millar moved to remove the City Attorney.
Seconded by Commissioner Lovestrand.
Mayor Anderson stated, in regards to the City Attorney acing es
parliamentariaq in this' ethere ortflict of in st_In lieu
ofthis, the City Admi r advi ed on how to proeeed, based
n the advice he r czived from the labor mey_ tae stated the
Charter states the City Auomey is entitled to a public hearing prior
othetaking ofthev nthem to dism s. He affirmed the
Chenu dou not spelitoul the mechanlos Por the process', however.
s that st be mades ring specific grounds for
dism seal. He bra ed~prior to the v et the last tin6 it was
aced Gearly the vote was being taken to move theessue forward
o than Wing He stated iPthe Commission desires to
proceed, there needs to bee to seek outside wunsel to
interpret the best way to proceedon
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Commissioner Lovestrand stated the Chaser spells out the
procedure, that [here is a motion a second, and tben at the next
meeting is when attics is taken.
Mayor Mderson acknowledged that az the last meeting it was
statN the vote was to move the motion forward; and included
obtaining outside wunsel [o represent the City and hold the public
hearing that the Ciry Attomey is entitled to.
Deputy Mayor Miller did not agree. He declared Nat his motion
was to dismiss the City Attomey. He stated it was clear [hat the
City Attomey could not be removed at Ne last metting.
Mayor Mderson reed, inw the rewrd, Section 4.03 ofthe City
Charter.
Deputy Mayor Mfllerstated tha Charter gives exact and precise
direction. He s[e[ed the Charter states that no vote is to betaken.
Mayor Mders coNirmed Nat a as taken W initiate the
process, no[ a voote to dismiss the City Attomey.
Mr. Drago stated the City Attomey needs to be given due process
for a public hearing. He affirmed that ih¢ City Attorney needs to
know what the speciPC charges are and be given time to prepare a
defense.
Depury Mayor Miller azated the Charter was very specifc and the
Comm~sson did not follow [he Chatter.
Discussion ensued regarding in[erprttation ofihe procedure.
Mr. Drago atfirmMit as his respouibility to culete where
potential problems may exist. He stated the Commission did not
have to take his advice. He advised them needed to nclude
the grounds for dismissal. He stated the City Attomey then has the
option to request a public hearing.
Mayor Mderson stated the City Administrator has an obligation to
inform the Com n. He suggested obtaining outside counsel
for direm~o regarding th's maser.
Com er Maingot cued to mble this ntil the
Novamber~l], 2003 meeting during which Pavodr u
clarification be obtained 6om outside counsel and be
brought back before the Commission for clarifwtion of
tbis matter. Motion denied far Zack of a second.
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Coma uBundy agreed Otere was some confusion. He stated
that it does appea to be s enge that you ve Potward att
and ar ovd rHe stated then wereosome ambiguities,
and he read into theureeord Section 3.09 paregnph () of the
Chatter regarding votivg. He said there wasaconFlict from one
seuwn of Ne Chener to another.
Mayor Anders rated that could bei twpreted. if choosing the
and m sting in November as the date certain, as trying to
eonawe titia begone the eleotlov.
Cam er MainSm aced ihue which veeded to be
clarified and couneel would need aufFcient bme to wnduu
research
Deputy Mayor Miller stated a motion to table was out of ordu. He
read from the Chaser Section 4 Ol_ He atTirmed that the Charter
s the dateofthe eshall no at thes me Com
sting at which the motion is made and duly sewnded. He Hated
the motion and second automatically moves the matter forward.
Mayor Anderson stated there is another section of the Charter that
speGfcally states you cannot conduct business in this way_ He
aced the Chart itself in roduc ambiguity_He retested the
Commission sh uld seek outside counsel.
Deputy Mayor Miller reiterated the language in the Charter is quite
specif c and enders andable. He stated the motion has been made
and duly seconded and thus was vo vote to be taken at this
m ring.
Mayor Andes aced it appears the Comm impasse.
He stated that due othedisegrea tof interpretaton the
Commission should seek outside wunsel ro ertablish what is Me
fair, just, end proper Orocedure to follow. Fle states this would
protett the interest of all Commissioners.
Com er Maingot oved to table this matter until
uchttim rside, expert, legal opinion has been covsuhed
and to table until the ring of November l], 20th to give
adeque me Por legal edvic to guide the Comm on
how totpro~ceed. Seconded by COmmissoner BUVdyon
Com er Bundy stated that some interpret s needed
but if allsiorequired to bring this er forwardaiso enda
ond,a to doe at this poivt_Hestated if t'he Cty
Attorney would like aopuhlle nearing, he has the riSht to makethis
request. He Hated if Deputy Mayor Miller's interpretation was
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cortut, then based on the motion made at the last meeting, [he
automatically came Porward and was bePorethe
Com n at this meeting. He stated if this interprela~ion was
orr t,sthey mould vote at this time to dismiss the City Anomey i£
he foregoes his right for a public hearing.
Commissioner Maingot withdrew his motion to table.
Mayor Anderson sued this brings the Commission bazk to the
to dismiss the City Attorney and there were no grounds for
ai~m~sal amtm.
Deputy Mayor Miller stated Ne reasons moue the same as stated at
the last meeting. He stated he had additional evidence to introduce
ifihue was an imuasi
Discussion ensued regarding the procedure.
Com er Lovestrand stated the motion to terminate would
requi e,a majority vote. He stated he would withdraw his ucond to
the original motion if the Commission would consult outside legal
counsel regarding the proper procedure to follow.
Discussion was held regarding obtaining outside legal advice.
Commissioner Lovestrand withdrew his second to the
original motion.
Commissioner Bundy moved to seek outside legal advice
enpeditiously es possible to dvect the Commission on
the proper procMure to Eollow when dismissing one of the
Chenered officers. Seconded by Commissioner Maingot.
Deputy Mayor Miller introduced a deposition taken by Anomey
Gary Siegel deposing Richard S. Taylor, Ir., Esquire regarding his
utside ofhisjob here. He gave a copy to the City Clerk
to copy to the Commissioners for informational puryoses.
Maion carried by a four/one rMI call vote with Mayor
Andersoq Commissioner Maingot, Commissioner
Lovesvand, and Commissioner Bundy voting aye and
Deputy Mayor Miller voting nay.
12. CITY ATTORNEY'S REPORT. NO report.
13. CITY CLERK'S REPORT. No report.
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14. ADJODRN. Mayor Anderson adjourned the meeting at 9.39pm.
UanieJ J. Anderson, Mayor
~1 ~ ~~~ ~%~~~} ~~ O
Saran~res, City C
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