CCMtg06-07-10Min LONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
June 7, 2010
7:00 P.M.
Present: Mayor John C. Maingot
Deputy Mayor r Joe Durso
Commissioner Bob Cortes
Commissioner 11. G. "Butch" Bundy
Commissioner Brian D. Sackett
Daniell Langley, City Attorney
Kurt Ardanaan, City Attorney
Katrina Powell, City Administrator
Linda P. Goff, Deputy City Clerk
Troy Hickson, Acting Police Chief
Patrice Murphy, Assistant to City Administrator
Sheryll r owes, Director of Community Services
John Peters, Director of Public Works /City Engineer
(Fran Melli,1<Director of Leisure Services
ll. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:02 p.m.
2. A moment of SILENT MEDITATION was followed by the PLEDG E OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. Ms. Goff read the following
announcements:
A. 3` Annual Father and Daughter Dance will be held on Tuesday, June
15, 2010 from 7:00 p.m. until 9:00 p.m., Longwood Community
uilding, 200 West Warren Avenue. The cost is $5 per couple and
$2.50 for each additional person.
B. Senior Matinee will be held on Wednesday, June 16, 2010 from
1:30 p.m. until 3:30 p.m., Longwood Community r 200 West
Warren Avenue. This month's feature is Up in the Air
4. RECOGNITIONS.
A. District #3 Presentation of the i:tusiness Person of the Month Award
for Duane 2010 to Dr. William Ehlers, Owner of 434 Animal Hospital,
located at 212 East State Road 434.
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Commissioner Cortes read a brief biography on Dr. William Ehlers, owner
of 434 Animal Hospital, and presented him with the Business Person of
the Month Award. Photographs were then taken.
5. L OA D APPOINTMENTS. Se None.
6. PUBLIC INPUT.
A. Public Participation,
Roberto Lisitano, 968 Norfolk Court, said he was applying for a hardship
on a variance to the setback for a screened -in porch. He stated he wasn't
going out any further than anyone else in his neighborhood. He has a letter
from the homeowner's association approving this. He applied for the
permit, was told he did not meet the setbacks and there was a $200
variance fee. If the variance is not.approved he does not get the money
back. He said this did not seem right and asked that the variance fee be
waived or refunded if the variance was not approved. He reiterated he was
not going any further than anyone else in his community. He stated he has
letters from neighbors agreeing to his screened -in patio that would be
eight (8') feet by fifteen,(15') feet.
Judi Goad, 1695 Grange Circle, said she would like to speak on the issue
of Chief Jackson's sick leave pay that will be corning up under Item 9 A.
She stated she read Mrs. Putz's letter regarding this matter and said she
agreed that "you have a fiduciary responsibility to the citizens of
Longwood to act as good steward& of our tax dollars ". She said this was
obviously not a financial problem because on May 11, 2010
Commissioners Cortes, Sackett, and Mayor Maingot voted no to the
request put before them concerning the restructuring of the Police
Department to save money. She stated Chief Jackson resigned shortly after
that meeting. She declared they took the safety of the citizenry and put it
in jeopardy. She inquired if the Commission was going to rescind their
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first vote and allow the current Chief of Police to fill these vacancies. She
applauded the Commission for doing the right thing on May 17, 2010 and
said Chief Jackson set the bar high in this city. In her opinion, to rescind
their decision should only be based on a legal. issue to dissolve the
payment in full.
Peter Sigurdsson, 105 Kaiser Lane, Broker for The Viking Team, Realty,
said he would like to discuss the contracts regarding the Community
Building. He is interested in renting the Longwood Community Building
once a month for the next twelve months to offer, at no charge, foreclosure
avoidance seminars for homeowners. He declared he had no problem with
paying for use of the building. He requested the Commission consider
allowing him to pay for each seminar as they are to be held so that if they
don't work he can cancel the additional dates without penalty.
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Doug Danierst, 210 Garden Lane, said he would talk briefly about the T-
mobile tower at corner of State Road 434 and Tarrytown. He stated he
represents the Sleepy Hollow 1 addition residents who are against the
tower. He asked the City to sign with them in opposition to this tower. He
provided the Commission with a flyer against this cell tower and said
comments were due to the County by June 18
Judi Coad, 1695 Grange Circle, spoke regarding the wall and entrance of
Barrington and the damage that has occurred as a result of the Lake Emma
Road widening project. She stated they need the City Commission to get
on record how this was going to be handled. She declared this was a
serious situation that needs to be moved on soon by the City and County
or there will be some litigation issues. Photographs were turned over to the
Clerk.
7. CONSENT AGENDA.
A. Approve Minutes of the May 11 2010 Work Session and May 17,
2010 Regular Meeting.
B. Approval of the June 2010 Expenditures.
Commissioner Cortes moved to approve the Consent Agenda as
presented. Seconded by Deputy Mayor Durso and carried by a
unanimous roll call vote.
8. PUI:;MC HEARINGS.
A. Second reading and adoption of Ordinance No. 104920, amending the
Fiscal Year 2009/2010 Ia udgeto
Mr. Langley read Ordinance No. 10 -1920 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the ordinance.
Cointnissioner Cortes moved to close the public hearing. Seconded
by Commissioner Sackett and carried by a unanimous voice vote.
Commissioner Cortes moved to approve Ordinance No. 10 -1920,
amending the Fiscal Year 09/10 Budget. Seconded by
Commissioner Sackett and carried by a three /two roll call vote
with Deputy Mayor Durso and Commissioner Bundy voting nay.
B. Second reading and adoption of Ordinance No, 104921, amending
Ordinance No. 09- 11902 City Code Cha inter 2, Sections 2 -336 and 2-
337.
Mr. Langley read Ordinance No. 09 -1902 by title only.
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Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the ordinance.
Commissioner Cortes moved to close the public hearing. Seconded
by Commissioner Sackett and carried by a unanimous voice vote.
Commissioner Bundy moved to approve Item 8 B, as submitted.
Seconded by Deputy Mayor Durso and carried by a unanimous roll
call vote.
C. Second reading and adoption of Ordinance No. 104913, amending the
Comprehensive Plan, Goals, Objectives and Policies of the City of
Longwood. (The City Administrator asks for a continuance on this •
item until June 21, 2010.)
Deputy Mayor Durso moved to grant the City Administrator's
request for a continuance to Julie 21, 2010, Item 8 C, as presented.
Seconded by Commissioner Bundy and carried by a unanimous
roll call vote.
9. REGULAR BUSINESS.
A Discussion of sick time payout for the former Police Chief.
Ms. Powell said immediately following the May 17 meeting she was
approached by some of the Conunissioners, employees, and former
employees regarding this matter and the precedent it would set. She stated
she and the City Attorney did some research with regards to the legality of
the actual order. She requested the attorney discuss this aspect.
Mr. Langley said the City Administrator asked him to review Personnel
Policy and Rules in regards to a waiver of them. On May 17, 2010 the
City Commission made a motion to give Chief Jackson all sick and
vacation time accrued. He advised that pursuant to Section 5.20 of the City
Charter, the City's Personnel Policy and Rules are to be adopted by
ordinance. Section 3.10, subsection 9 of the Charter provides that
amending or repealing any ordinance previously adopted shall be done by
ordinance, except as otherwise provided in the Charter. He stated that
Chapter 1, Section 1.01 (e) of the Personnel Policy and Procedures
provides, "In accordance with the City Charter, the City Personnel Policy
shall be adopted by ordinance. Therefore, any revisions to the same shall
be done by ordinance ". He advised that thus, the order of the Commission
to waive Personnel Policy and Rules to give Chief Jackson all sick and
vacation time accrued is not affective without an ordinance. He said if the
Commission desires to pursue the intent of their vote at the last meeting,
he would reconunend they make a motion to rescind the Commission's
order on May 17, 2010 waiving the Personnel Policy and Procedure and
direct the City Administrator to bring back ordinances required for the
Commission's consideration. He further stated, if the Commission does
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not want to pursue an amendment to the Personnel Policy and Rules, he
recommended a motion be made to rescind the Commission's order on
May 17, 2010 to waive the Personnel Policy and Rules for Chief Jackson
to give him all sick and vacation time accrued.
Mayor Maingot moved to rescind the order given by the City
Commission at the May 17, 2010 meeting to waive Personnel
Policy and Rules to give Chief Jackson all sick and vacation time
accrued. Seconded by Commissioner Cortes and carried by a
four /one roll call vote with Commission Bundy voting nay.
Commissioner Bundy moved to instruct staff to bring forward a
necessary ordinance to enable the City Commission the authority
to waive the Personnel Policy limit on 240 hours of accrued sick
leave. Motion failed due to lack of a second.
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B. Read by title only and adopt Resolution No 10 -1245 the renaming of
Heroes Park to the Strohsal- Jackson Memorial Park. (The City
Administrator asks for a continuance on this item until June 21,
2010°)
Commissioner Sackett moved to continue this item to the June 21,
2010 . meeting. Seconded by Commissioner Corte§ and carried by a
unanimous roll call vote.
C. Addendum to Teamsters Local Union 385 Contract
Ms. Powell said this was an addendum to the Teamsters Local Union 385
Contract. It is basically adding verbiage to Article 15. In addition Article
11 allows teamsters members to accrue 294 hours of vacation.
Deputy Mayor Durso moved to approve Item 9 C as presented.
Seconded by Conunissioner Cortes and carried by a unanimous
roll call vote.
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Do Temporary Sign Waiver Request
Deputy Mayor Durso moved to follow staff's recommendation and
accept Item 9 D, as presented. Seconded by Commissioner Cortes.
Commissioner Sackett expressed concern regarding signs throughout the
City.
Commissioner Cortes inquired if these signs were being removed at
closing or would be there twenty -four (24) .hours.
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Adam Vest, 268 West State Road 434, said he understands the concerns.
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He stated if it is the Commission's desire, he would have the signs taken
in at the close of business.
Discussion was held regarding being supportive of new businesses and
reviewing the process for this type of signage.
Mr. Vest said the first 180 days of a new business is critical. He advised
that after that they should not need the signs as people will know the
business is there.
Deputy Mayor Durso moved to amend the motion to set for the
operating,hours of the business. Seconded by Commissioner
Cortes and carried by a three /two roll call vote with
Commissioners Bundy and Sackett voting nay.
The main motion carried, as amended, by a three /two roll call vote
with Commissioners Bundy and Sackett voting nay.
E. Voluntary Annexation Fee Waiver Request,
Ms. Powell said this was a request for an annexation fee waiver for a
property on North Street. She stated this amount would be paid for within
the first two years of the property being within the City. She said they
were excited about having businesses corning in and producing ad valorem
revenue.
Deputy Mayor Durso Moved to accept Item 9 E, as presented.
Seconded by Commissioner Sackett and carried by a unanimous
roll call vote.
Comtnissioner Bundy suggested it would behoove the City Commission to
have included during the revisions to the Code that voluntary annexations
are left to the City Administrator and staff.
1?. Conceptual Site Plan Review of Heritage Commons Project.
Ms. Bower said a few months back the City was approached by ACi,
Wendover Housing partners, LLC, and Orange Crown regarding a
proposed project for Orange Avenue in the Transit Village. This project is
for an age and income restricted senior apartment complex. She advised
this was not an assisted living facility. However, it will be staffed with a
nurse. She stated the applicant was seeking funding through the Federal
Housing Finance Corporation and because of that they need the City to
sign off on the paperwork that stated they have reviewed the conceptual
plan. She said the City does not have a mechanism to review conceptual or
preliminary plans. Therefore, the applicant requested it be brought before
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• the Commission. She advised this would not be a permitted use until the
Comprehensive Plan has gone through.
Commissioner Bundy moved to approve Item 9 F, as presented.
Seconded by Commissioner Sackett.
Discussion ensued with regards to the height of the project.
NIs. Bower advised the height was not being approved, only the concept.
She stated the Longwood Development Code was in the process of being
• changed and they would have to be consistent with the code.
Discussion was held regarding the mitigation of wetlands.
Deputy Mayor Durso inquired as to the rental prices.
Jonathan Wolfe with Wendover Housing Partners, LLC, said they were
excited to have a $19 million senior facility in a transit oriented system.
He stated that ten (10% o) percent of the one bedroom units would be at
$287 a month with the balance at $587 a month and ten (10%) percent of
the two bedroom units would be at $387 a month with the balance at $706
a month.
Discussion was held with regards to the public safety aspect of a 55 -plus
facility.
Motion carried by a four /one roll call vote with Commissioner
Cortes voting nay.
G. First reading of Ordinance No. 10 -1925 and setting the public hearing
for June 21, 2010, relating to a Florida Department of Transportation
Memorandum of Agreement for Maintenance of State Road 434 and
U.S Highway 17 -92.
Mr. Langley read Ordinance No. 10 -1925 by title only.
Commissioner Cortes moved to approve the first reading of
Ordinance No. 10 -1925 and set the public hearing date for June 21,
2010. Seconded by Deputy Mayor Durso and carried by a
unanimous roll call vote.
H First reading of Ordinance No. 10 -1919 and setting the public hearing
for June 21, 2010, vacating and abandoning portions of Jessup
Avenue.
1VIr. Langley read Ordinance No. 10 -1919 by title only.
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Mr. Peters reviewed a map of the area and discussed the portions of Jessup
Avenue to be vacated.
Commissioner. Cortes inquired if this area was not being used by any of
the residents.
Mr. Peters responded in the affirmative.
Deputy Mayor Durso moved to approve the first reading of
Ordinance No. 10 -1919 and set the public hearing date for June 21,
2010. Seconded by Commissioner Sackett and carried by a
unanimous roll call vote.
Le First reading of Ordinance No. 104916 and setting the public hearrbig
for June 21, 2010, relating to a Lease Agreement between the City of
Longwood and T- Mobile South LLC.
Mr. Langley read Ordinance No. 10 -1916 by title only.
Commissioner Bundy inquired if this was the same lease.
Ms. Powell responded in the affirmative.
Commissioner Cortes moved to approve for discussion. Seconded
by Mayor Maingot.
Commissioner Cortes said this was the same lease and he understands the
Commission's concerns were taken to 'T-Mobile.
• Ms. Powell responded in the affirmative.
Lauralee Weston spoke on behalf of T- Mobile and said she was not at the
last lease reading. Therefore, she was not completely sure of the
Commission's concerns. She gave an overview of this process with T-
Mobile and said they have done all that the City has requested. She stated
they are now in 2010 and feel they are being asked to renegotiate the lease
agreement again. This has gone back to their corporate counsel on at least
three different occasions. She clarified why there was a distinction
financially between T- Mobile and Clear Wireless.
Discussion ensued regarding the revenue generated and shared revenues.
Mayor Maingot suggested this item be tabled so the Commissioners can
meet with the Administrator to discuss their concerns and dollar amounts.
Commissioner Cortes withdrew the motion.
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Ms. Weston said from a practical standpoint that they have to have 24 -
access in the case of a power failure. She stated there was an
indemnification clause. She asked the City Attorney to clarify if he was
comfortable with the lease.
Mr. Langley advised he did forward some comments to the City
Administrator and he understands those comments were rejected by T-
Mobile. He affirmed he would feel more comfortable if these had been
accepted.
Discussion was held regarding the City' liability with regards to
relocation once the tower is in place.
Ms. Weston suggested with the concerns expressed that a Work Session
may work in everyone' favor. •
Mayor Maingot advised the City Administrator would be in contact with
Ms. Weston regarding this matter.
Mayor Maingot moved to table to the July 19, 2010 meeting to
research information being requested.
J. First reading of Ordinance No. 10-1917 and setting the public hearing
for June 21, 20110, relating to a Lease Agreement between the City of
Longwood and Clear Wireless, LLC.
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Mr. Langley read Ordinance No. 10 -1917 by title only.
Deputy Mayor Durso moved to approve the first reading of
Ordinance No. 10 -1917 and set the public hearing date for June 21,
2010. Seconded by Commissioner -Bundy.
Mr. Peters reviewed photographs of a water tower with the antenna
attached. He advised Longwood's tank has a catwalk and the antenna will
be on the railing of the catwalk.
Motion carried by a unanimous roll call vote.
K Commissioner H,G. Bundy requests the City Commission discuss and
get an update on the Lake. Erma Widepniu g Project.
Commissioner Bundy said there are issues regarding Barri ngton.'s wall. He
stated the access matter with the front entrance has been taken care of and
the issue resolved. The problem they are having is regarding the wall, as
Ms. Coad alluded to, they have dug directly adjacent to the wall and you
can see backhoe blades have scraped what little foundation is there. He
advised there are foundation cracks and major cracks along the wall now.
He said the County has been made aware of this problem and ultimately
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the contractor will end up being responsible if they are made responsible
now. He stated if not, this will be a battle between the City and the County
and he would not want to see that happen. He declared they need to have
an engineer work on this and provide a report to the City and the County if
the contractor is going to be held accountable. He stated we need to take a
- firm stance on this and make the County our partner. He asked the
Administrator to formulate a letter and go over it with the Attorney. He
said he had no problem with Mr. Peters doing the evaluation and writing
the report.
Judi Coad, 1695 Grange Circle, said there were eight homes on the
residential side. She walked this the other night and out of eight homes
two and a half have had the wall replaced. She stated you see less damage
on the road side. She has discussed this with the contractor and she
advised Progress Energy also has caused damage. She said 14 foot shear
depth work was practically done, but they will be laying more lines near
the wall. She affirmed the contractor and County should be responsible to
replace the wall. Photographs were provided to the clerk.
Mayor Maingot said they will pursue this matter and stated some good
points were brought up. He stated Commissioner Bundy's request will be
clone and they will make sure this is put right.
Deputy Mayor Durso said in the interest of public safety and
accountability that staff initiates a meeting with the appropriate people at
the County and the contractor to acknowledge receipt of the letter and they
fully understand the problem is to be fixed.
10. CITY ADMINISTRATOR'S REPORT, ORT,
Ms. Powell addressed issues that came up during public participation. She said the
matter with regards to the Community Building that they are in favor of allowing
him to pay monthly, but will reserve the dates. She said the main problem was
with regards to paying the deposit each time.
Commissioner Bundy said they need to address the policy. He stated this
gentleman needs to understand that he will be required to write a check in order to
reserve the building. He said the deposit could roll over.
Ms. Powell said with regards to the request to waive the variance fee, there
currently is not a procedure for the City to use. This is why Mr. Lisitano was told
to come to the Commission. She stated if it was the intent of the Commission that
he follow the procedure everyone else does, then that will be relayed to him.
It was the consensus of the Commission that the variance procedure be followed.
Ms. Powell reported a letter was received regarding Longwood Police Department
from Seminole County Public Schools. They were appreciative of the services of
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the Police Department with regards to the ability to get in. and out of Lyman High
School.
41. MAYOR AND COMMI[SSI[ON ti'RS ' EPORT.
District*. #fie Commissioner Cortes thanked` Officer Albritton for a. wonderful
DARE graduation that he attended at Choices In Learning.
Commissioner Cortes expressed concern in that ACi was the company that did the
Design Guidebook, yet they are the architects for TOD and possibly Heritage
Village. He requested the City Administrator look into whether this was a
conflict.
Districts #4e Commissioner Bundy said he wanted to address the cell phone tower
on State Road 434. He stated he has received phone calls from people that live in
Sleepy Hollow First Addition. He pointed out to them that the Seminole County
Coininission has control over this matter. He expressed concerns regarding this
matter and would like the City Administrator to bring this up during discussions
with T- Mobile, although the City cannot interfere with the agreement with the
church. He stated we need to look at the impact as it is at the western gateway of
the City.
District #5. Commissioner Sackett reported he was flagged down by sixteen
people at the ball field regarding this tower. He said he received an interesting
phone call concerning Devonshire and the A1A trucks going down Rangeline
Road. He stated the former Chief's recommendation was to do an ordinance
making it more time restrictive. He said he would like to meet with the
Administrator regarding this matter. He requested an update on the Ridge and
Talmo project.
Ms. Powell said there will be a community meeting a. week from Thursday before
construction starts.
Commissioner Sackett reported he attended the baseball tournament this past
weekend and Mr. Brown and his group continue to do a great job with that. He
said he had all good comments on the fields:
Commissioner Sackett inquired if it was possible for residents to opt for a one or
two day trash pickup service.
Ms. Powell said Lake Mary dropped their service to a one day pickup.
District #Ile .Mayor Maingot reported he attended the Mayor and Managers
meeting on May 18, 2010. May 20 he attended the Tri- County League of Cities
meeting. On May 21 he attended the Mayor's Summit, Leadership Seminole's
Graduation with Ms. Mirus and Ms. Powell graduating. He attended the CALNO
meeting in Sanford on June 2'l
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District #2. Deputy Mayor Durso reported he had concerns regarding the cell
phone tower on State Road 434 and he was more than willing to offer moral
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support.
Deputy Mayor Durso moved to ask City staff to review the permitting
process and come back to the Commission with suggestions regarding sign
permits. Seconded by Commissioner Bundy and carried by a unanimous
roll call vote.
Deputy Mayor Durso said he served on the MetroPlan Municipal Advisory
Committee and he has been appointed to the Quiet Zone Committee. The City of
Maitland is moving forward with their quiet zone process and they have made a
request of the federal railroad administration. He asked that staff look into what
Longwood would need to do and perhaps meet with Maitland regarding this
matter. He stated it not only involves the shrouding of horns, but also was going
after federal money in the overhaul for SunRail that will eliminate the horns
completely, providing gates on both sides of the tracks.
Deputy Mayor Durso reported he traveled to West Palm Beach with Ms. Morrow
to represent the City at the Green Energy Conference. He thanked staff for finding
the grant money to fund this conference. He advised he would get with City staff
to put together a proposal regarding energy consumption in general that could
help the City in cutting our power bills.
12. CITY ATTORNEY'S REPORT.
A. Agreement regarding payment of attorney's fees and costs between
the City of Longwood and Florida Department of Transportation.
Mr. Langley requested a motion to approve an Agreement regarding
payment of attorney's fees and costs between the City and FDOT
regarding State Road 434 eminent domain actions and to approve the
execution of stipulated amendments to order of taking and partial final
judgments in the pending State Road 434 eminent domain cases.
Corninissioner Sackett moved to approve the agreement. Seconded
by Deputy Mayor Durso and carried by a unanimous roll call vote.
13. CITY CLERK'S °' EPORT.
A. Schedule regular City Commission Meeting dates and public hearing
dates for the adoption of the Fiscal Year 2010/2011 Budget.
Ms. Goff advised the City Clerk was requesting rescheduling of the
September City Commission meetings. Due to the Labor Day Holiday to
reschedule the meeting to Tuesday, September 7, 2010 and due to two
Commissioners being out of town on the third Monday of September to
reschedule that meeting to Monday, September 27, 2010. This also
establishes the public hearing dates for the adoption of the Fiscal Year
2010/2011 Budget.
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It was the consensus of the Commission to schedule the September City
Com nission meetings for Tuesday, September 7, 2010 and Monday,
September 27, 2010.
14. ADJOURN, Mayor Maingot adjourned the meeting at 10:00 p.m.
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4//e: J
John(
o � aIlltig®t \ ayor
ATTEST;
Linda F. Goff, CMC, Deputyvity Clerk
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