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CCMtg05-07-09MinLONGWOOD CITY COMMISSION Longwood Cite Commission Chambers I7~ ~~'. «'arren Aveuuc Longwood, Florida MINUTES ~~~~~- ~, zoos Present: ~Ia~~or Paul Lovesh•and Deputy l~iayor John C. j\~Iaingot Commissioner Darr Anderson Commissioner Butch Bundy Commissioner Steve 1\~Iiller John .I. Drago, C'it~- :administrator Geraldine D. Zambri, C itv Clerk Richard S. Taylor, Jr., City Attorney Terry Baker, Dir. of Public Safeh~ John Brock, Dir. of Community Services R~'Ionica_~'Iitchell, llir. of Financial Ser~~ices Richard Itor•nbluh, Utilities llivision i~~Ianager Tom Smith. Streets/Fleet llivision Manager Jay Sargent, Planning Division Manager 1. CALL TO ORDP:R. Mayor Lovestrand called a regular meeting to order at 7:00 p.m. 2. .~ moment of SILENT i\IEDITATION was FOLLO~~'I:D BY THE PLEDGE OF ALLEGIANCE. A. Election of ~'Iavor. Mayor Lovestrand called Cor nominations For the election of Mayor. Commissioner Miller nominated Paul Lovestrand. There ~~'el"e Il0 Othe1" n©m111at10nS. Conunissioner ~L~liller mo~~'ed to close the nominations. Seconded by Conunissioner Anderson and can-ieci by a voice vote. tilavor LovesU-and elected i\~layor by acclamation. Mayor Lovestrand thanked the Commission for their conficlencc and hoped that next year would lie as harmonious as the last. CC ~-07-01;`101 3. C0~1~1UNIT'Y ANNOC"NCE~IENTS. The following announcement was made: :~. Blue Grass 1'ickin' -Saturday, 11\`lay 19, 2001 - 6:00 p,nr. to 10:00 p. m. Loration: Ed flyers Recreation Buildin;;, corner of ~V, ~~'arren .-venue and ~'4'ilma Street. 4. RECOGNITIONS: A. District #4 Presentation of the Business Person of the ~~1onth Award for Nlay 2001 to Michael Holland, Holland Pools, 12S ~~', Pine :venue. As ~-1r. Holland had not yet arrived, Commissioner Bundy asked that the recognition be deferred to his arrival. ~. B0:1RD API'OIN"I'.~~IENTS. .-~. Appointment of a City resident to the Board of "trustees of the Firelighters' and Police Of'ficers' Pension Trust Fund. Mayor Lovestrand nominated Andrew l~icGarry, 1 14 Rock Lake Road for appointment to the Board of Trustees. Deputy Mayor l~lain~7ot nominated JoAnne Rebello. Nomination of Mr. McGarry carried by a fourlone vote. with )V9ayor Lovestrand. Commissioners Anderson, Bundy and >Vliller voting aye and Dc1nUy Mayor Maingot voting nay. ~, 6. PUBLIC PAR`tICIPATION. None 7. CITI' :~Di\IIN1S'I'R:1'I'OR'S REPOR"t. Added on: .-~. Request for waiver of water service deposit h~~ Seminole County School Board. i\~lr. Drago reported on a request for waiver, by the Seminole County School Board, of a S~.000 deposit fee for a five inch meter, loran addition to one of their huildings. It was the consensus of Commission to waive the deposit. 8. r~1:11'Olt AND COII~IISSIONERS' REPORTS. District #4. Upon initiation by Conunissioner Bundy, Commisston agreed to recognize Nlrs. Sondra Loma?: at the next Commission meeting. Mrs. Sondra Lomax who was in the area of a railroad crossing, seeing a local resident lying on the tracks. called 911 for assistance. Police Chief Jackson, who was in the area, responded and they moved the gentleman off the tracks to safety. It was ,..~ only seconds alter ho was moved, that a train came through. A~~ithout their swift reaction. this ~~cntleman wordd have been a statistic. ~ CC 5-07-U1/102 Commissioner Bundy suggested iVlrs. Sondra Lomax be recognized «°ith a plague, and Chief Jackson with a certi I icate. The Commission, by consensus, agreed to recognize Mrs. Lomax and Chief .lackson. llistrict #~. Mayor Lovestrand suggested that the Conunission host a groundbreaking ceremony for the new Community Building following award of the bid. tilr. Drano advised that the architects would review the bids for compliance to the hid documents and then make a recommendation. Cominlssloner BtIIIdV_ su,gested the gi•oundhreaking he held following signing of the contract. v It was the consensus of the Commission to hold the groundbreaking ceremony one half hour before the City Commission meeting at which the contract would he approved. i4layor Lovestrand reported that the Central Florida Society for Historic Preservation received a $~00 donation as a result of his participation in an advertising campaign, dipping ice cream, for Basl:in Robbins. 3layor Lovestrand initiated discussion on energv conservation. ~~layor Lovestrand moved that the :~dminisU-ator, usin~~ fi~~ures ti•om June, July, August and September 2~U0, come Back with a plan in an attempt to save S% in energy consumption, over last year's consumption. Seconded by Commissioner Miller. Commissioner Miller suggested the conservation be in the area of electricity. gasoline and diesel filcl. ~~}otion caI.1•ied by voice vote. Dish•ict #1. Deputy ;Mayor Maingot, referring t0 a n1e1110 1'Zgarding contracting out the city's meter reading because of the meter reader being absent due to illness, suggested looking at the possibility of cross utilization of other personnel rather than contracting the service. District #2. No report. Dish•ict #3. Commissioner lrliller initiated discussion with retards to the Citv's policy of requiring pa}~ncnt ofa cemetery lot within 90 davs. 1-te suggested the policy tic changed to allow payment for a lot over a 12-month period. Commissioner Bundy said he would a~•ee as lone as the 12-month payment period was restricted to City residents. Commissioner Main~ot said with the proviso that a contract is made. CC ~-U7-U 1 i 103 Commissioner )Viiller moved to allow residents to pay over a period of 1? months. Seconded by Commissioner Bundy. 1 CO]111111SSIOne1' Malll~Ol said the City needed a safeguard and moved that an appropriate document of agreement be utilized when going forward with extension of time for purchase of lots. Seconded by Commissioner Bundy. Amendment carried by a unanimous voice vote. Main motion carried by a unanimous voice vote. As to ~~°hether an ordinance was needed, Mr. Taylor said the appropriate document would be brought Cor\vard. y. CO\SE~'I' AGE\'DA. A. Pa~~ Approved Bills and estimated bills for Alav 2001. B. Approve Minutes of April 9, 21)01 ~~'ork Session and April 16, 2001 Regular ~`Ieetinti. C. Cite Administrator recommends the Cite Commissio^ approve Work Order 2001-01 to Government Services Group, Iuc. in the amount of 533,500 for Phase II and Phase III of the special assessment billing program and authorize the Cite Administrator to sign the appropriate documents. D. Utilities Division of the Public ~~'orks Department recommends the Cite Commission approve the purchase order in the amount of 523,000 to Ridge~cood bake Gardens, Inc. for furnishing and installing a 6-foot tall vin~~l fence and 2 gate openings at ~~'ater Plant #2. C. utilities Division of the Public ~~ orks Department recommends the Cih' Commission approve an amendment to the existing purchase order ~~-ith Bruce it9cGonigal, Inc. in the amount of518,(~07.80 and authorize the Cih~ Administrator to sign all appropriate documents. F. Finance Division of the Financial Services Department recommends the City Commission approve partial pad- requests for the County Road X127 ~~~idening project in the amount oi' S6,$3-1.02. Commissioner Millis moved to approve the Consent .Agenda as submitted. Seconded by Commissioner Bundy. Deputy 1\~iayor \9aingot wished to discuss Item D. His point being that the City had ah-eady agreed to a stone wall and the request for approval tonight for the six-foot fence, is costing more. Connnissioner Miller moved to amend his motion to approve the Consent Agenda but to consider Item D. separatel~~. Seconded by COn11n1SSlOllel' BUlldy and calTied by a rulanimous roll call vote. CCs-n~-u 1 ~~ 04 1 ~-ir. Drano explained that the developer adjacent to the Water Plant is _0111!? to I)elt tlp E:1Lhel' 8 lence or a wall and the City was ir~~in`, to be consistent with what he is doin~f. Discussion ensued with respect to the quality of the fence and being consistent with ~~~hat the developer erects. Commissioner ~~~Iiller moved to approve Item D. Seconded by Deputy i\~layor i\~~lainvol and carried by a unanimous roll call vote. ~-layor Lovestrand announced that Agenda items 10 C and 1 I C were quasi judicial in nature and asked those wishin~~ to speak on these items to step fol~~~ard to be sworn in by the Attorney. \-Iavor Lovestrand advised that 1 U C concerned Ordinance: Ol -1 X69, to vacate and abandon portion of fit'. Pine, and 1 1 C ~~•as a request to approve a Site Plan i-or an Educational addition to the Northland Community Church. Two representatives for the 1\lorthland Church were sworn in. 10. PUBLIC IIE:~RINC:S. .~. Finance Division of the Financial Services Deparhuent 1•econunends the City Commission read b~~ title only and adopt Ordinance No. O1- 1~70 amending Chapter 23. Public Utilities, to reduce the Development Assistance Fees for water capacit~~ from 5.83 per gallon ~ per day to 52.00 per };allon per da~•. Mr. Taylor announced having proof of publication for this and all public hearings listed on the agenda. He then read Ordinance \o. 01-1 ~7U by title only. Mayor Lovestrand opened the public hearing. No one present spoke in favor or in opposition. Deputy i~~fayor l~~lainQot moved to close the public hearing. Seconded by Commissioner Anderson and carried by a voice vote. Commissioner !Miller moved to adopt Ordinance No. 01-1 ~7f-. Seconded by Commissioner Anderson. CCOmn1ISSIOneI' BUlldy CXpI'eSSed 111S OppOSltlon t0 I'CdLlClllV the lee saving once the C'ity's capacity is used, it has to be replaced, and if the S?.00 is not sufficient, it would then have to come out of present system customers. Motion can-ied by a three/two vote, with Deputy \Tayor Llain;ot and Commissioner Bundy voting nav. B. Personnel Division of the Financial Services Department recommends the City' Commission read by title only and adopt Ordinance No. O1- cc ~-Gi-0Ii105 1567 amending the Personnel Policies and Procedures Manual to include a Family ~lediral Leave Policy. Mr. Taylor read Ordinance No. O 1-1 X67 Uy title only. Mayor Lovestrand opened the public hearing. No one present spoke in favor or in opposition. Deputy Mayor Maingoi moved to close the public hearing. Seconded by Commissioner ~-filler and carried by a voice vote. Conunissioner Anderson moved to adopt Ordinance No. Ol -1 X67. Seconded byy Commissioner Miller. Commissioner Anderson reiterated his understanding that this brings the City into compliance with the Federal Family l~~ledical Leave Act. Motion carried by a unanimous roll call vote. C. The Planning Division of tine Comnnrnit\~ Services Department recommends the City Commission read b~~ title onl~~ and adopt Ordinance i\1o. 01-1569 to vacate and abandon (~'AC OS-00) a portion (approximatel~~ 150 feet to the ~~~est of the CSY Railroad right-oi=way) of «'. Pine Avenue (a 50-foot right-of-way), east of «~ilma, while providing the City with a drainage and utilir•' easement over the entire right-of=~-~av being vacated. NIr. Taylor read Ordinance No. U1-169 by title only. Mayor Lovestrand announced that Item C. was quasi judicial in nature and asked if~rnyone ~1`1s11117ti to speak in favor or in opposition needed to be swol•n 117 I I they were not already sworn lll. No olio present spoke in favor or in opposition. Conunissioner Miller moved to close the public hearing. Seconded by Deputy 1~-favor Nlaingot and carried by a voice vote. Deputy Mayor lVlaingot moved to approve Ordinance No. (11-169. Seconded by Commissioner Miller and carried by a unanimous roll call vote. 11. It f•:GtiLAR BL~SIt~iESS. :~. Cit~• :~drninistrator recommends the Cite Commission rcyie~~~ and discuss the rene~~~al of the 1¢ Option Sales Tai and take action the ~ Commission deems appropriate. cc s-o7-c~ 1 i~ os Commissioner Bundy saki he knew some of the Commissioners had differing opinions on the Sales Tax, but would like to sec the Commission bring forth the interlocal agreement, that if the referendum is passed, the City has the apparatus to obtain the funds for the projects that have been outlined. As to whether the City was required to endorse the tax, i`lavor Lovestland said an endorsca77ent was not required, all the City has to do is si_n the interlocal ay~reement in order for the City to receive its share of the tax monev. Mayor Lovcstrand said the part that bothers him the most is that so much of the money goes to the State. lVlr. Drago explained ho~v the percentages worked. Comn7issioner Anderson said he thought CALNO would support this. 1-le lilrther said that there is a promotional budget, and thought it was almost certain to pass. Commissioner ~~liller thought the voters needed to be educated; noting he thought it was a bad deal. Alayor Lovestrand said the 1~~Ianagers and i\~layors voted as a `coup to suppol-t this, but he abstained. Comn7issioner 13undv moved to enter into the interlocal agreement with the County, for the disbursement of the }-cent Local Option Sales Tax, should the referendum pass. Further, that the COml77ISSlol7 take no action with respect to the endorsement or non-endorsement of the tax. Seconded by Deputy Mayor IVtaingot and carried by a unalumous roll call vote. B. The City :~dminish•ator recommends the Cih~ Commission revie~~~ a request for a rate increase for solid waste collection from Florida Recycling Services. Inc., read by title onl~• Ordinance ho. 01-171 and, if appropriate, approve the ti--st reading and set I~lav 21, 2001 as the public hearing date for said Ordinance amending Chapter 9. _-article II, Solid ~Z'aste Collection Rates. If the rate increase is not appropriate, then take the action the Cih~ Commission deems appropriate. Nlr. Tavlor read Ordinance Na t)l-1 X71 by title only. Mayor Lovestrand dish•ibuted a listing of cities and the collection rates they are paying to their garbage companies. COil1mlSSloilel" t~'l Illel' nlOVClI t0 approve the first reading of Ordinance \o. Ol -l X71 and to schedule a public hearing for fay 21, ?t)t)1. A~iayor L.ovestrand seconded for discussion. r. Commissioner f3undv said his motion would have been the direct opposite. He said he could not go to the citizens and say the sen'ice is CC ~-07-U1/107 lousy but we have to raise the rates. Based on calls he has received over the last three months, he does not believe they should receive any incroase until they address the service problems they have consistently had over the last year. Commissioner A>derson said he had mired emotions. as there are rzasons for an increase and that, last year, the increase was based on fuel costs. But at that time, the Ci-y vvvas having issues and the increase was unrelated to that. but the City granted the increase and advised of the need for better service. But we continue to have issues and \\~ondered at their logic of asl:ink for an increase knowing the City is not happy with the service. He lhen Cltled SOme InCldGnls Of X7001' Sel'Vlee OIl a CotlslStent baslS and requirements of the contract and that the company has been noticed of these problems. He said his motion would have been to postpone their request for three months, giving them the message that the City wants these thin~~s tal.en care ot: Deputy Mayor Maingot said he \vould not vote for one red cent of increase until they improve their level of service. Mayor Lovestrand noted the increase was from S 12.04 to $12.41. if the City rejects it, he believed it would cost S13 if'the City had to get in another company. He said the only cities cheaper are being handled by this same company. Commissioner Bundy said service counts and he was tired of the poor service, and does not believe Florida Recycling \vill give up the contract over 41 cents. if they can come back and show that the level of service has improved. Then. at that time. he would not be averse to giving the increase. Commissioner IV]iller said he felt the same way about the level of service, however, the cost of fuel and disposal has gone up and if they decide to cancel us \vithin 120 days. \ve would Lie stuck with trying to find someone. I-le said he was in agreement with Commissioner Anderson in postponing and viving them 90 days to improve their service. Conmlissioner Anderson reiterated that he believed postponing for 90 days \vould be the best thing to do. He would like to give the benefit of the doubt and it would be our \vay of saying we want these issues dealt \vith. He would hope in those 9U days that tremendous improvement in service would be seen. Deputy ~~]ayor 1\~laingot was in agreert~ent \\~ith Conu~lissioner Anderson. CC ~-07-01/108 ~ ~~tavor Lovestrand said he too was unhappy, but it .vas common with garbage companies and he refen•ed to companies that had serviced the City in the past that had similar problems and said he agreed with Commissioner Anderson's recommendation. Commissioner Nfillerwithdrew his motion. Commissioner Miller moved to postpone consideration of the I-ate increase for 90 days. COn1n11SSloller Bundy seconded. Commissioner Anderson thought it would be appropriate for the Administrator to contact them with the results of Conunission's deliberations tonight. tilr. Drago said he would send Florida Recycling a letter. Motion carried by a unanimous roll call vote. C. Manning Division of the Comnnrnih° Services Department recommends that the Cite Commission approve the site pla^ (SP-O1- O1)for the expansion of the Education Building, including traffic circulation and stormwater management facilities, on the existing site at X30 Dog Track Road. Mr. Brock presented the site phut, noting the. LPA had recommended ~ approval ~u1d that two representatives were present to respond to questions, ;VIr. Bud Apt and ~~lr. Ron Henson. \9ayor Lo~~estrand advised that the item was quasi judicial and asked if anyone wished to speak in favor. t~1r. Henson, ~~-ho had been sworn in earlier, ol`Design Services Group, representing Northland Conununiry Church referring to the site plan shown on the overhead projector, nave a brief explanation of the expansion. No one else spoke in f<<vor or in opposition. Conltttissioner \;~Iiller moved to close the public hcarin~. Seconded by Commissioner Bundv and carried by a voice vote. i\~lavor Lovestrand said ifanv commissioners had discussions with the principals, they should disclose those discussions now. ~„ Commissioner Miller moved to approve SP U1-Ol. Seconded by Commissioner Main`~ot. Carried by unanimous roll call vote. CC 5-r~7-01/109 D. The Finance Di~•ision of the I~inaucial tier~~ices Department recommends the Cite ('onunission read hs title oul~, set alas 2l. 2(101 as a public hearing date and approve the first reading of Ordinance Vo. U1-1573 which anunds Ilrc I~i~cal fear 00/Ul 13ud~ct. -Ir. Taylor read Ordinance'~o. 01-I ~%? by title only. C'Or1tn11SSloIIZr r'~ildel"SOrI n10~`tll lu appro~~e Ordinance No. (11-1 ~7? on first readin~~ grid t0 Schedule \la~ ~ 1, ?U01 as the public hearin~~ date. Secundc:d by Cununissi~~nc:r \lillcr. Motion carried by unanimous roll call ~'~l(C. 12. CI'll .aTTOR~'E1•'S ftEYOR'1. Follc~~+in~~ dise;us,ion initiated h~- the City :-\ttorrlcy ~~~ith respect to the Floriria Pei~~ er franchise. Cunlmissiun scheduled a ~~~ork session at t~a)(I p.m.. ~la~ ~ I. ~(J(11 . prior ti. the re~,ular r71etU11~" for further discussion. 13. ('l"I'1' CI_I•:ltl~'S RI~:I'OR"1'. No repurt. I-3. .-~U.IOUR\. `fectin~; adjoiu"n~•~i at S:=4i p.tll. ~ i ~"`~f ~~~ Paul Luvesu"and. ~1~layur .~ttc~t: ~% ~ ~7 Geraldine 1). 7_ambr-i. City C'1rr1: ~. -~ C(' ~-i~%-(-I 110