CCMtg06-21-10Min LONGWOOD CITY COMMISSION
Longwood City Commission Chambers
11175 West Warren Avenue
•
Longwood, Florida
MINUTES
>lune 211, 20110
7:0.0 P.M.
Present Mayor John C. Maingot
Deputy Mayor Joe Durso .
Commissioner Bob Cortes
Corniissioner 1 G. "Butch" Bundy
Commissioner 4' Tian D. Sackett
• Daniel Langley, City Attorney
A. Kurt Ardaman, City Attorney
Katrina Powell, City Administrator
Linda F. Goff, Deputy City Clerk
Troy Hickson, Acting Police Chief •
Patrice Murphy, Assistant to City Administrator .
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Sheryl Bower, Director of Community Services
John Peters, Director of Public Works /City Engineer
Jon Williams, Director of Financial Services
Fran Meli, Director of Leisure Services
1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:00 p.m.
2. A moment of SII EN'Ti MEDITATION was followed by the PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. Ms. Goff read the following
• announcements:
A. Family Movie'Night will be held every Tuesday night in July at 7:00
p.m. in the Longwood Community wilding, 200 West Warren
Avenne.
4. RECOGNITIONS.
A. District #4Nomination of the Business Person of "the Month Award
for July 2010.
Commissioner Bundy nominated Ms. Shannon McCutcheon, Principal,
Choices In Learning Charter School, for the Business Person of the Month
Award for Judy 2010. Nomination carried by a unanimous voice vote.
Proclaiming July 2010 as Park and Recreation Month.
Mayor Maingot read a proclamation proclaiming July 2010 as Park and
Recreation Month and presented Ms. Meli with the proclamation.
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5. BOARD APPOINTMENTS, None.
6. PUBLIC IF IJTi
A. Public Participation.
Ginny Fisher, Principal of Longwood Elementary presented a Certificate
of Appreciation to the City and Officer Kim Zeh of the Longwood Police
Department for continued support of Longwood Elementary School.
Chad DeGroot, 950 West State Road 434, spoke on behalf of the City's
youth and offered to work with the City to complete the Longwood Skate
Park at Reiter Park. He said he has been, a professional BMX biker for
over twenty years and had owned a skate park in Longwood for almost ten
years and that has given him the experience to help with this project. He
stated he is willing to donate his °tiine, money, and knowledge to move
forward with this project. He presented a petition with one thousand
signatures in support of a free community skate park. FIe inquired what it
would take to finish the :skate park in Reiter Park.
• Hilda Reeves, 262 West Bay Avenue, said she was here to request a street
light on West Bay Avenue.
• William Bentley, President of Bentley Architects and Engineers, 665 West
Warren Avenue, said he was here to express his total disappointment with
the City Commission in the way they handled the recently awarded
continuing contract for Architectural Services. He stated Bentley
Architects and Engineers was a twenty -six year old firm located two
blocks from here. He affirmed that they employee local residents and
support local schools providing internships to train local students for
future architects and engineers. He said that during the March 1, 2010
Commission meeting, most of the Commissioners expressed the
importance of supporting well qualified local firms. Two Commission
meetings later on April 5,, 2010 the Commission completely reversed their
• directive by ranking an out of town firm above Bentley Architects and
Engineers, affectively overruling staffs recommendations. He stated while
he was sure the Commission had every right to overrule decisions made by
staff, he would expect a more thorough review by someone who is •
qualified and unbiased to review technical proposals of this type. He said
the brief verbal ranking made by Commissioner Sackett demonstrates a
lack of technical ability in making a comprehensive evaluation of the
proposals. He declared this was based on his thirty -two years of
experience as a licensed engineer. He stated Commissioner Sackett's
comments made no mention of previous experience with facilities projects
of this type targeted in the Request for Proposal, yet he felt it in the best
interest of the City of Longwood to elevate ACi who was not initially
ranked for the architectural services to the number one ranking for this
group. He reviewed their experience in comparison to ACi's proposal. He
affirmed there were two aspects of this process he found particularly
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troubling. The first was the fact that the City Commission chose to ignore
the recommendations of their qualified staff, and instead opted to have
Commissioners rank the proposals. He also found it troubling that -
Commissioner Sackett, who accepted a campaign contribution from a
principal at ACi was allowed to rank the category for which they applied.
He declared this was a clear conflict of interest that should have been
addressed by the Commission. Seconded, during the March 1, 2010
Commission meeting, both Commissioners Bundy and Sackett stated they
would not vote on a ranking for Group D, Architectural Services, that did
not have ACi ranked as the number one firm. He declared that this alone
calls into question the, objectivity of Commissioner Sackett's evaluation.
In view of these events, he asked the Commission to consider whether the
citizens of Longwood were well served in this manner.
JoAnne Rebello, 301 Loch Lomond Avenue, said she would be speaking
on Item 9 B. She stated she was against renaming Heroes Park, as it was to
represent all heroes, and those who lost their lives in the tragedy of 9/11,
not one person's memory. She suggested an obelisk be erected for our first
responders and names be added with Sergeant Strohsal being the :first,
unless there are others preceding him. She acknowledged Chief Jackson
had a long career with the City, but so have others. She said Heroes Park
embodies the spirit for which it was intended and should remain as it is.
7. CONSENT AGENDA.
A. Approve Minutes of the May 21, 2010 Presentation and June 7, 2010 •
Regular meeting.
B. Approval of the June 2010 Expenditures.
C. Approval of the Monthly Financial Report for the Month of May
2010.
D. Acceptance of the Edward Byrne Memorial Justice Assistance Grant
(JAG) Program
E. Approval of Donated Vacation Accrual Hours for City Employee
Deputy Mayor Durso moved to approve the Consent Agenda as
presented. Seconded by Commissioner Cortes.
Discussion was held on Items 7 B and 7 C.
Motion carried by a unanimous roll call vote.
8. PUBLIC HEARINGS.
A. Second reading and adoption of Ordinance No. 10 -1913, amending the
Comprehensive Plan, Goals, Objectives and Policies.
Mr. Langley read Ordinance No. 10 -1913 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.
Deputy Mayor Durso moved to approve Ordinance No. 10 -1913,
Item 8 A, as presented. Seconded by Commissioner Sackett and
carried by a unanimous roll call vote.
B. Second reading and adoption of Ordinance No. 10 -1917, relating to a
Lease Agreement between the City of Longwood and Clear Wireless,
LLC.
Mr. Langley read Ordinance No. 10 -1.917 by title only.
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 Cortes moved to approve Ordinance No. 10 -1917,
relating to a lease agreement between the City and Clear Wireless,
as presented, Item 8 B. Seconded by Commissioner Sackett.
Commissioner Sackett inquired about the dishes that will be on the water
tower.
Mr. Peters advised it would contain twelve dishes.
Commissioner Sackett inquired what would happen if the company files
bankruptcy or sells their company.
Mr. Langley said if they were to sell, this lease would survive to the
successor.
Commissioner Bundy said there was five year automatic extensions and
inquired if these would need to come back to the Commission for
approval. He asked if the City had a way to terminate the agreement.
Discussion ensued regarding the terms of the lease.
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Commissioner Bundy said he was concerned with being locked in to a
thirty year contract.
Ms. Powell suggested they postpone this Item to the next Commission
meeting.
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Commissioner Cortes withdrew the motion.
•
Commissioner Bundy moved to table this Item to the next City
Commission meeting on July 7, 2010. Seconded by Commissioner
Sackett and carried by a unanimous roll call vote.
C. Second reading and adoption of Ordinance No 10 -1919, vacating and
abandoning portions of Jessup Avenue,
Mr. Langley read Ordinance No. 10 -1919 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Bundy moved to close the public hearing. Seconded
by Deputy Mayor Durso and carried by a unanimous voice"vote.
Deputy Mayor Durso moved to approve Ordinance No. 10- 1919.
• Seconded by Commissioner Sackett and carried by a unanimous
roll call vote.
D. Second reading and adoption of Ordinance No 10 -1925, relating to
Florida Department of Transportation Memorandum of Agreement
for Maintenance of State Road 434 and U.S. Highway 17 -920
Mr. Langley read Ordinance No. 10 -1925 by title only.
•
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Sackett moved to closethe public hearing.
Seconded by Deputy Mayor Durso and carried by a unanimous
voice vote.
Deputy Mayor Durso moved to approve Ordinance No. 10 -1925.
Seconded by Commissioner Sackett and carried by a unanimous
roll call vote.
E. Historic District Variance (VAR 06 -10) for 301 South Milwee Street.
Mayor Maingot opened the public hearing.
John Gigliotti, 400 West England Avenue, Winter Park, said he was
coordinating the design and construction of the improvements to this
medical office and was available for any questions.
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Hilda Reeves, 262 West Bay Avenue said this.adjoins their property and
she has no objection. She inquired if there would be an eight foot fence
between the two properties.
No one spoke in opposition to the Variance.
•
Deputy Mayor Durso moved to close the public hearing. Seconded
by Commissioner Cortes and carried by a unanimous voice vote.
Deputy Mayor Durso moved to approve the Historic District
Variance VAR 06 -10. Seconded by Commissioner Cortes.
Ms. Bower advised there was not a requirement for an eight foot fence and
there was not a fence indicated on the site plan.
Mr. Gigliotti said there was no objection to a fence. He stated they would
need to make sure of the height and was consistent with the architecture in
the Historic District. He advised they had heavy landscape screening
planned.
Motion carried by a unanimous roll call vote.
9. REGULAR BUSINESS.
A. First !'' eading of Ordinance No. 10-1922; Water and Wastewater
Rates, Fees and Charges, and set a public hearing date for July 7,
2010.
Mr. Langley read Ordinance No. 10 -1922 by title only.
Commissioner Cortes moved to approve Ordinance No. 10 -1922
and set the public hearing date for July 7 2010. Seconded by
Commissioner Bundy and carried by a three /two roll call vote with
• Deputy Mayor Durso and Commissioner Sackett voting nay.
B. Read by title only and adopt Resolution No. 10 -1245, the renaming of
Heroes Park to the Strohsal- Jackson Memorial Park.
Mr. Langley read Resolution No. 10 -1245 by title only.
Commissioner Bundy moved to approve Item 9 B, as submitted.
Motion failed due to lack of a second.
C. First ': eading of Ordinance 10- 1923; Voluntary Annexation. of 370
North Street, and set July 7, 2010 as a public hearing date.
Mr. Langley read Ordinance No. 10 -1923 by title, only.
'Commissioner Sackett moved to approve the first reading of
Ordinance No. 10-1923 and set July 7, 2010 as the public hearing
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date. Seconded by Commissioner Cortes and carried by a
unanimous roll call vote.
D. First reading of Ordinance No 10 -1927 and setting the public hearing
date for July 7, 2010, amending Chapter 2, Article VII, Section 2 -424
of the Longwood City Code, Application Fee Schedule, and see July 7,
2010 as a public hearing date..
M1. Langley read Ordinance No. 10 -1927 by title only.
Commissioner Sackett moved to approve the first reading of
Ordinance No. 10 -1927, revising the Longwood City Code of
Ordinances; Chapter 2, Article VII, Section 2 -424, Application Fee
Schedule, as presented, Item 9 D, and set July 7, 2010 as a second
reading. Seconded by Commissioner Cortes
and carried by a unanimous roll call vote.
L. First Reading of Ordinance No. 10- 1924; Small Scale Comprehensive
Plan Amendment and Longwood Design Guidebook Map
Amendment, and set July 7, 2010 . as a public hearring date. •• Mr. Langley read Ordinance No. 10 -1924 by title only.
Moved to approve the firstreading of Ordinance No. 10- 1924 and
set July 7, 2010 as a public hearing date. Seconded by and carried
by a unanimous roll call vote.
Termination of Contract for Water Plant, Operatio i, s Agreement -
Severn Trent Services.
Deputy Mayor Durso moved to approve helm 9 -F as presented.
• Seconded by Commissioner Cortes.
Ms. Powell said staff was working on cost savings and she reviewed the
contracted services the City has taken back over. She stated they were
proposing terminating the Severn Trent Contract for Water Plant
Operations for additional cost savings.
Commissioner Cartes said the Commission was not seeing any
documentation of where these savings are coming from. He requested
documentation be provided showing the cost savings.
Commissioner Sackett said since the Budget Work Session that he has
looked at other cities that are outsourcing, and the typical savings. He
stated he would like to see the cost savings over multiple years.
Mayor Maingot reviewed the proposed savings and suggested tabling this
Item to the next meeting.
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Ms. Powell said she was concerned with tabling this matter as she will
need to come up with the funds, but she would deal with the money issues
and will bring back the documentation requested to the City Commission.
Commissioner Bundy moved to table this Item to the next City
Commission meeting of July 7, 2010. Seconded by Mayor Maingot
and carried by a three /two roll call vote with Deputy Mayor Durso
• and Commissioner Sackett voting nay.
10. CITY ADWi: NISTRATOR'S REPO T
Ms. Powell reported on National Night Out and advised the City has received
$1,400 from Michael Towers, a donation of water from Albertson's, and there are
four pledges of $600. Vendors will be charged for advertising their business
during the event. Last year's event cost approximately $4,000 and the City is
accepting donations.
Ms. Powell thanked the Firefighter's Union for not choosing to open their
contract negotiations for the period from October 1, 2010 to September 30, 2011.
She reported staff has reached out to MetroPlan and have met with FDDT
regarding the possibility of partnering in our mobility strategy.
Ms. Powell and staff, in conjunction with Seminole and Longwood Chambers of
Commerce are to schedule a commercial business and property owners of
• Longwood After Hours to meet with City staff.
Ms. Powell reported there has been a meeting with D.R. Horton who will begin
building eleven homes in the area of Orange, Grant and Credo Streets. •
She reported the Fire Administration will be moving to the Police Department by
August 1, 2010. The Fire Administration Building will be leased until property
values increase.
Ms. Powell reported that electronic billing and web checks has been implemented.
Also, they are discussing With AMSCOT the possibility of their accepting
Longwood utility bill payments. She advised the City is switching cell phone
providers from Sprint to Verizon.
Ms. Powell reported that the position for Business Tax Receipts and Permits has
been combined and Ms. Reimers is now in the Community Development
Department.
Financial statements on the Consent Agenda, Ad Valorem taxes were at 93% or •
$4,608,509.00 as of May 31, 2010. The City received another $326,718.10 on
June 18 which exceeds the budgeted amount of $4,935,094 by $7,685.06 or
100.2 %.
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Ms. Powell stated that Mr. Jeremy Litwack is the owner of the old Sobilc's Sub
location on SR 434 and is opening Wackers Boss Dogs, a hot dog restaurant, in
that location.
Ms. Powell reported that there are about 25 properties in the City that are
currently proved utilities by the City of Longwood that should have signed a
voluntary annexation agreements when utilities where extended to them. Staff is
• working to have the annexation agreements in place. and bring forward to the
Commission. Also, staff is preparing voluntary annexations in the near future.
Ms. Powell stated there are two (2) prospects looking at the plaza located at SR
434 and Rangeline Road. Fifth Third Bank need 90 days to approve a prototype
building they are also proposing to build at that location and a current site plan to
the prospects until Fifth Third Bank completes it plans. Ms. Powell will provide
updates as it progresses. •
Ms. Powell said T=Mobile would like to meet in a Work Session on July 12 at
5:00 p.m.
It was the consensus of the Commission to hold a Work Session ,on July 12 at
5:00 p.m. in the Connnission Chambers,
11. MAYOR AND COMMISSIONERS' ISSIONERS' REPORT,
District #2, Deputy Mayor Durso thanked the City Administrator for her report.
• He requested an update at the next meeting regarding the Parks and Recreation
Plan as well as an update for the CRA at the'next meeting. He said he and the
Administrator have had several conversations regarding grants. He would like an
explanation regarding whether Longwood is an entitlement community at the next •
meeting and what the City is eligible to apply for.
Deputy Mayor gave "kudos" to John Peters at the Reiter Park Joint Work Session
regarding the efforts of staff that includes solar power and being self - sustaining. •
District O. Commissioner Cortes wished Ms. Powell a Happy Birthday. He said
that Linda Goff was moving, on to other places and wished her the best. IIe
thanked Ms. Meli and staff who donated hours.
Commissioner Cortes said we were in the rainy season .and asked Mr. Peters to
check on the ponds, and canals to pre -empt any problems.
He requested that the electronic bill information be sent out to the Homeowner
Associations.
District #4e Commissioner Bundy reported said he attended his daughter's
graduation ceremony which was the reason he was not at the Reiter Park Work
Session. He learned about the Bill Gates scholarships and asked the
Administrator to contactLyman High School to find out about the scholarship
recipient so they can be recognized at the next Commission meeting.
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District #5. Commissioner Sackett reported the Bay Avenue resident had been
paying for the light in front of her house for twelve years. He requested this
matter be looked into.
He inquired about the algae on the pond located at Reiter Park. Mr. Peters stated
the algae strand is particularly fast growing and difficult to kill. He reviewed the
plan for treating this pond in an attempt to control the algae.
Mr. Peters advised he had contacted Mr. Lee at St. Johns River Water
Management District to review the Oak, Ridge and Talmo plans and advised they
may have a temporary permit by tomorrow.
District #1. Mayor Maingot reported the Commissioners has received the
information for the upcoming Florida League of Cities Conference and the
Administrator will have this on the next Agenda. He suggested the
Commissioners consider which legislative committee they would like to serve on.
He reported the Joint Work Session on Reiter Park was very productive.
Mayor Maingot attended the Longwood Area Chamber of Commerce meeting on
June 14 the Wekiva Advisory Management Committee on June 14 the Mayor
and Managers' meeting on June 15 and on June 18 he was in attendance for
the Florida League of Mayors meeting in Orlando.
12. CITY ATTORNEY'S REPORT. Mr. Langley reported on the Gamble case and
advised a motion was filed for rehearing on the Summary Judgment ruled in favor
for the City. This Motion is scheduled for mid- August.
He advised Mr. Runge'has appealed the Circuit Court's denial of his appeal to the
Fifth District Court of Appeal.
13. CITY CLERK'S REPORT. Ms. Murphy reported that due to the July 41h •
holiday, the next City Commission meeting will be held on July 7, 2010.
14. ADJOURN. Mayor Maingot adjourned the meeting at 9:00 p.m.
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Patrice Monty, •ctingg arty City Clerk
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