CCMtg01-04-10Min]I ONGWOOD' CITY COMMISSMN
Longwood City Commission Chambers
1175 West Warren Avenue
Longwood,, Florida
JANUARY 4 2010
7000 P.M.
Present: Mayor John C. Mainngot
(Deputy Mayor Joe Durso
Commissioner Bob Cortes
Commissioner H.G. "Butch" Bundy
Commissioner Brian 1). Sackett
Daniel Langley, City Attorney
Kurt Ardamau, City Attorney
Katrina Powell, City Administrator
Sarah M. Mirus, City Clerk
Troy K. 'Hickson, Acting Fire Chief
Jon Williams, Director of Financial Services
John Peters, Director of Pubhe Works /City Engineer
Tom Jackson, Police Chief
1. CALL TO ORDER. Mayor Main got called the meeting to order at 7:00 p.m.
2. A moment of SILENT MEDITATION was followed by the PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the fol.lowin -;
announcements:
A. Longwood Live will be held on January 15, 2010 from 7:00 p.m. until
9:00 p.m., Longwood Community Building, 200 Nest Warren
Avenue.
B. A -Blase Grass Pickin' wjll be held on January 16, 2010 from
7:00 p.m. until 9:30 p.m., ]Longwood Community Buildnnng, 200 West
Warren Avenue.
C. Movie in the Park will be held on Friday, January 16, 2010 beginning
at 7:00 p.m. at Caandylannd Pa:rls, 599 ILongdale Avenue. This month's
feature is Monsters ver, awi Aliens.
4. RECOGNITIONS/PROCLAMATIONS.
A. District #3 Presentation of the Business Person of the Mouth Award
for January 2010 to iDaya Bharadva, President of ][Daya's Custom
Autos, Inc., 800 Bennett llDriv(v,
C,C 01- 0,1-10/1
Commissioner Cortes read a brief biography on Mr. Daya Sharadva. Mr.
Bharadva was Linable to attend the Commission Meeting. The
presentation will be scheduled for a future date.
~®A>L~D A]~IED®><1~1~'M~1~1'~'S. None.
l~l. I~IlIlhflnc )P~1C°l~Il~l]~~tfl®ffi. None.
A. A~~pIl-®ve Miffi~x~e~ ®fl' the »eceIl~fl?err ~pecIl~fl 1~LfeetIlIlfl~9
~cceIlgn~eg ll4, W®~fl~ Se~sIl®ffi, ~IlIldI ~eceffiIl&~eIl° )~e~rIlfl~~°
Mee~nffig.
1~. AflS~Il°®ve ,Jl~ffiIln~Il°y ®]E%~~ffiflflIl1~IlIlII°~~.
Acce~~affice ®f ~lE>l~Ti ~~~ffit fl'Il°®IlTIl lEtoIl°a~fl~ ~nvisa®ffi 1HJIlnIleIl°geIlacy
M~$Il~.~~;Ilffi~ffi~.
Conunissioner Sackett moved to approve the Consent Agenda.
Seconded by Deputy Mayor Durso.
Discussion was held regarding Item 7 B.
Motion carried by a unanimous roll call vote.
l~. ~l<JB11.1[~ lE>f~A]f~1Il~1~S.
A. .Sec®fficfl paflhflnc flaeaIl'nffig ~ffia~ ~d®p~g®ffi ®f ®Il-~nIlIlafficc l~l®. ®~-Il9~2~
Affifleffi~Ilffig ®Il°~flIlffiaffice l~to. ®6-Il~®6, ~n~ ~®de S~e~a®ffi ~-423,
I~~Il°~~Il'~][9flIl 4, ~~~~fl®ffi5 A-)F ~ffifl$ 5~~gllffig Ad~ffiIlIlIlIlIl~~CIl°~~tIl~'~ ~~lt°F'II~~
(~+nIl~e ~eIlwice) ~y I~esoflIlIl~a®Iln.
Mr. Langley read Ordinance No. 09-191.2 by title only anal amiomlced
having. proof of publication.
Mayor Maingot opened the public 17earing. No one spoke in favor or in
opposition to the Ordinance.
Deputy Mayor Durso moved to close the public hearing. Seconded
by Conunissioner Cortes and carried by a unanimous voice vote.
Commmissioner Cortes.illoved.to accept Item ~ A, as presented.
Seconded by Commissioner Bundy and carried by a unanimous
roll call vote.
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A. ~~'~®linicl®IIIl ®~°fl~~flm1~~~~~'D~Il~hYIIl~ l~le@'i' l~~dicalIl Tll ~1Il13~CQDL'~:~~iQkIIl ~~1°6'1~~
1Fee~.
NIr. Langley read Resolution No. 09--1241. by title only.
Conunissioner Cortes moved to accept Item 9 A, as presented.
Seconded by Corlmissio~ler Sackett and carried by a unanimous
roll call vote.
S~v~Il'n 'fl'~°cn~ C®n~Il°~ct~Apl~~°®~~~ll P1IlZ°c?~~se ~1•derr.
Conunissioner Bundy moved to approve Item 9 B. Seconded by
Conunissioner Cortes.
Ms. Powell advised information was being provided to the City :Attorney
to review and the Commission will be receiving all numbers and
information regarding this.
Motion carried by a four!one roll call vote with Deputy Mayor
Durso voting nay.
~g~~flll~3 ~11d ~~Vfl~~ Cll~y cC®nIl1i~Ilfl5s9®lIl ~41t~~°~ ~IIIld PIC®C~Ili1IlilH°Q~,
Mayor Maingot said the City Administrator 11as requested Item 9 C be
pulled so -she can review this with the City Attorney azld bring this matter
back at the next Commission Meeting.
Deputy Mayor Durso szxggesteci that the City Admi.n.istrator, City C1erlc,
and City Atton~ey meet regardi ig this matter. He said there wer~v a few
matters that he would be addressing by eleetroruc mail to the City
Administrator.
fl®. CI<7I'~' A>IDMflI~1fl~TItStA'fl'®1[~'S >~P®lEt'fl'. No report.
flfl. I~A~'®1~ Al~IIl1~ C®I~l11~1[I[~Sg~IY~T~S' ll~lEP®IL~'fl'.
~Il~i~Il'~~lt No report.
]~n;~tl°n~t #fl. Mayor Maingot said he had some questions regarding the
Memorandum from Fishbaclc Domiiucl~_. He questioned the use ofnon-members
as liaison between Commission Members where it states the City Administrator
should refrain from asking the Cozmnissioners to state their position on a specific
matter that may be considered at a public meeting.
Mr. Langley advised a Commissioner can individually meet with the City
Administrator to discuss City business. The City Administrator is not part of the
City Conunission. Therefore, n;ieetings between an individual member and the
City Administrator are not prohibited b;y the Sunshine Law. He explained what
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,
would be prohibited is for the City Administrator, City Attorney, or any other
person in the-Hurd party to talle to one City Commmissioner about a matter that
would likely come before this Commmission and tales that information to another
Commissioner. He said he did not intend to convey a message that they should
not meet with the City Adminstrator and stated that they should meet with the.
City Administrator.
Mayor Maingot inquired as to the best time to disclose ex-parts coirununication.
Mr. Langley said there was no specific statutory provision as to when you must
disclose ex-parts corrununication. However, it was their recomniendationtbat it
would be best to make any ex-parts communication prior to receiving testimony
or public hearing.
Mayor Maingot said that although Regular Item 9 C has been withdrawn for
further consultation with. the City Attorney,. by the mere fact that the Commission
received a Memorandum from the City Clerk tells lim there. was no prior
consultation between the Administrator and City Clerlc in tei7ils of procedures,
amendments or recommendations. He stated both the City Administrator and City
.Clerlc report to the City Coiiunssion and. both have very important .areas of
functional responsibility. As sueli, a proper won--king relationship is expected of
these two individuals. He declared that complimentary teamwork enhances the
performance of the Commission and he would appreciate that the City
Administrator and City Clerlc advise under their report any issues or areas of
concern have been addressed and resolved. He affirmed this. Commission has too
many .important thv~gs to deal with and they want to move forward and
accomphisll those things and the last dung they want is to be distracted with. issues
that can very well be dealt with between the people involved.
Il~n~t~gct Deputy Mayor Durso reported things were about to get fairly heavy
with "the Municipal Advisory Committee for MetroPlail with the passage of
SunRail. He advised he would be traveling to Tallahassee quite a bit over the next
few months for child welfare, but this does not prohibit him front swinging a few
bats for Longwood.
I~n~t~°fle4 Commissioner Cortes extended his condolences to the family ofMr.
Miguel Vargas who passed away Cluistmas Day from an accident. Mr. Vargas
was the Loan Officer of the Wachovia Bank at the corner of Highway 17-92 and
Mate Road 43Q~.
IDg~tn°i~t Commissioner Bundy inquired if there was afollow-up on the
Winsor Manor survey regarding the fence issue..
Ms. Powell said the City had to do a Request for Proposal for a surveyor.
Commissioner Bundy said he .had received telephone calls from residents
inquiring about this matter. He requested updates be provided to the Commission.
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Ms. Powell said. in addition, shy would like to run this matter by the City
Attorney.
Commissioner Bundy said the County has begun work on the site for the new Fire
Station. He stated they were not allowed to do any kind of site work wi.tllout an
approved site plan. He stated the County said at the beginning that they were
going to go tlu•ough the Longwood Development process.
Mayor Maingot advised there was a m~;eting with the County on Wednesday. He
said he shared the same sentiment.
Commissioner Bundy said they were subject to penalties :Eor removal of the trees.
He stated this was not a good indication that the County wants to work with the
- City. He advised there appears to have been some damage to the brick wall at
Bcrrriigton from the crews working on the other side ofthe road. IIe said they
were previously advised of the condition of this wall artd the need to be careful in
this area.
Mayor Maingot reiterated there' was a meeting scheduled. here at 3 :00 p.m. on
Wednesday and they would be traveling to the site.
Commissioner Bundy requested a Me:r~lorandum to the Commission following the
meeting o.n Wednesday.
ll~?. ~C><'1<'~ A`1<">C'®lk~I~IIE~Y'~' )~P~l[8`>I'. Ma .Langley said there was a Men.iorandum
included in the Agenda Packet regardi~ig Sunshine Law. lie stated they would be
available to discuss individual y any questions the Commissioners may have.
M:r. Langley said they were in the audience at the last Commission Meeting and
Coinrriissioner Bundy said he would lice to know if the City can advertise or post
lvlks to local businesses on the City's -website. He stated they have looked into
this matter and there was nothuig that prohibits such art advertisement ].ii~I~ and
nothing that expressly permits it. The City has Home Rule Authority and was
allowed to pass and do certain things tl.iat are not inconsistent with general law.
IIe advised since there was nothing in general law that prohibits it, this would be
pei7nissble. However, as a government allowing third parties to advertise on the
website or anything dealing with commercial speech, there would be first
amenclmeilt issues that nay arise as fa}~ as prohibiting certain el_asses o:E businesses
or certain types of speech on the websi.te. IIe said this was simiaar to
advertisement on buses for Lynx or thc, benches. He advised there have been some
cases on this that went to Federal Cou31: that indicated you can impose reasonable
restrictions on the types of businesses -that are allowed and authorized to adveiti:se
oil City propel-ties or right-of-ways. Hr, stated it would see n such world also be
true for advertisement on the City's wc,bste. He said if this was something. the
Conunission wished to proceed with,. he would suggest there be a defi~~ed set of
rules on whom and who cannot advertise acid what the gro uild rules arcs. He
- recommended also developing some sort of agreement or understanding in writing
that the business would sign aclcnofvledging that they lave read those rules. If
GC O1-04-10/5
they fail to conn~ly with them, the Ci"ty would have the right at any time to
discontinue that link. He stated the City m.ay want to have that right regardless as
well as having a disclaimer on the website that indicates the City does not endorse
or support any business that is being liiilced to the website.
Com~nissioiier Sundt' said one of his thoughts was that they could set up some
type of policy. He stated oile of his .concerns all along was once allowing a link
the City does not have control over what type of 1'inlcs that business would have.
He agreed a disclaimer would cover that. He said. he would like the City to .look
into doing something like this and suggested the City Attorney work with the City
Administrator. on bringing back a policy. He suggested there. could be a fee for
this type of service..
Mr. Langley said they would need more direction from the Connrnission in
regards to what they would expect on reasonable restrictions and the type of
businesses. He stated from what he heard, they were looking to link to websites of
local businesses only.
It was the consensus of the City Commission for the City Attorney to work with
the City Administrator regarding this matter.
Mr. Langley thai~lced the Connnnission for allowing them the opportunity to serve
as the City Attorney.
ll~. ~l[l~lE~'~ ]13]EI~~JI~~. Ms. Minus advised she would be placing on the
next Agenda nominations for the Charter Advisory Conunittee.
g~. A~~®l<J]E~T. Mayor Maingot adjourned the meeting at 7:52 p.m.
a
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~~~~.la M. Ma~°aa~91~1t1~I1 cC, Ml€~A, ~a~y ~Clle~k
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