CCMtg07-19-10Min LONGW' $D CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
July 19,20110
7:00 P.M.
rreseIt: Mayor John C. Maingot
Deputy Mayor Joe Durso
Commissioner It ob C o >rotes
Commissioner H.G. "II uutch Ituunndy
Commissioner f: rian Sackett
II anniell Langley, City Attorney
Katrina Powell, City Administrator
atrice C. Murphy, Acting Deputy City Clerk
Troy Hickson, Acting Police Chief
Jon Williams, Director of Financial Services
Fran Meii, Director of Leisure Services
John Peters, Il> irector of Public Works/City Engineer
Sheryl II over, Director of Community Services
1. CALL TO ORDER.
Mayor Maingot called the meeting to order at 7:03 p.m.
2. A moment of SILENT MEDITATION was followed by the PEE If GE
OF ALLEGIANCE.
2. COMMUNITY ANNOUNCEMENTS.
Ms. Murphy read the following announcements:
A. Family Movie Night will be held July 20, 2010 and July 27,
2010 at 7:00 p.m., Longwood. Community I. uilding, 200 West
Warren Avenue. July 20 features Up and July 27 features
The Goalies.
I:�. Senior Matinee will be held Wednesday, July 21, 2010 at 1:30
p.m., Longwood (Community I: uilding, 200 West Warren
Avenue. This month's feature is Leap Year.
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4. RECOGNITIONS.
A. I istrict #5 Nomination of the Business Person of the Month
Award for August 2010.
Commissioner Sackett nominated Bone Appetit, owners Ronda
Carmichael and Toni Stauber for the Business Person(s) of the
Month Award for August 2010. Nomination carried by a
unanimous voice vote.
5. f., OARID APPOINTMENTS.
A. Appointment for Charter Review.
Ms. Powell provided an overview of the requirements for the
Charter Review Committee appointments. The Charter states,
"The Advisory Committee shall consist of one (1) member
representing each Commission District..." The conflict is in
District 4 there are two (2) members serving from the District 4
area and no one representing District 2. One member was chosen
by District 4 the other member was chosen by District 1 but both
members reside in District 4. How does the Commission want to
move forward?
Mayor Maingot stated if the Charter dictates the composition of the
Charter Advisory Board, we do not have a choice in the matter.
Mayor Maingot remarked that Bruce Kubec from District 4 is the
Chair and it would be inappropriate to replace Mr. Kubec at this
late stage. Further, Mark Weller also resides in District 4.
Therefore, in compliance with the Charter; a replacement will need
to be named.
Deputy Mayor Durso, District 2, will nominate a replacement for
Mr. Weller with an appointment at the August 2, 2010
Commission Meeting.
Deputy Mayor Durso affirmed he can accommodate the request.
Commissioner Bundy asked Mr. Langley about the work
completed up to this point by the Committee.
Mr. Langley stated the Board has not issued a formal report to the
Commission. Once the Board is constituted with the members
chosen to represent each District the new member can review the
minutes of the previous meetings. The Board can ratify any
previous action taken.
The Clerk's Office will provide copies of the minutes and audio of
the meetings.
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Commissioner Cortes suggested the language in the Charter be
made clear that when the Charter Advisory Board is selected in the
future that each Commissioner selects a member: from within their
respective district. •
6. PUBLIC INPUT
A. Presentation, Chris Traber, Nabors, Giblin and Nickerson,
P.A,, PATE+ Ionds
Introduction of Jon Williams,, Director of Financial Services, City
of Longwood; Chris Trabor, Nabors, Giblin and Nickerson, City
Special Assessment Counsel.
Mr. Trabor provided a review of the PACE +, Property Assessed
Clean Energy + Wind Resistance Improvements Financing
Districts, under Horne Rule and Section 163.08, Florida Statutes.
Upon completion of the presentation by Mr. Trabor, the
Commission asked questions regarding the PACE + program.
Mr. Trabor stated that current tax incentives and credits are not
affected by the PACE+ program.
Commissioner. Bundy asked Mr. Williams the amount of monies
the City has in Special Assessments. Mr. Williams responded it is
a significant amount. Commissioner Bundy responded to Mr.
Traber that this is a good program but the City would have to
examine credit worthiness of individuals and he has other concerns •
with the program and funding that would need to be addressed.
Deputy Mayor Durso thanked Mr. Traber. Deputy Mayor Durso
stated this is a new program that will have issues that need to be
examined and adjusted. Further he stated the City is moving
toward more Economic Development and this program could be
explained to the electorate that local governments can provide this
type of program with as little risk as possible. This would further
the economic vitality of Longwood businesses. He asked the
Commission to look in the program as it is worthwhile.
Commissioner Cortes asked what other cities have implemented
• the PACE+ program.
Mr. Traber stated the process has stopped for most local
governments that have begun the process to implement the PACE+
program due to the concerns with the Federal agencies. Mr. Traber
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stated Leon County is promoting the program and it has been in
place less than one month.
Deputy Mayor Durso provided a website address to the
Commission, www.pacenow.org stating the site provides
information on the program throughout the Nation. He would like
the City to look and see if this is something beneficial to the City
in the long run.
Commissioner Bundy asked the City Administrator if she has any
estimates on the costs to implement the program. Ms. Powell
responded the only estimation she has is that it would cost about
$10,000 to draft an ordinance. Commissioner Bundy suggested
while attending the Florida League of Cities Conference next
month that the Commissioners speak with leaders from other
communities about the program.
Mayor Maingot called a recess at 7:38 p.m. in consultation with
Ms. Powell and Mr. Langley.
Mayor Maingot called the Meeting back to order at 7:46 p.m.
Mayor Maingot stated he called the recess to review the Rules and
Procedures for public participation on multiple topics, noting that it
is the Chair's discretion to allow public participation longer than
three (3) minutes per individual.
B. Public Participation.
Allen Weber, 1786 Grange Circle, spoke regarding property
damage during the Seminole County Lake Ernrna Road widening
project. Mr. Weber stated they have destroyed his front yard and
the City sidewalk as of April 12, 2010. As of today, July 19 his
yard and the sidewalk are not fixed. Mr. Weber then spoke of the
damage that has occurred to the wall of the subdivision. Mr.
Weber reported they have damaged 35 feet of the City's wall along
his yard. •
JoAnne Rebello, 301 Loch Lomond Avenue, spoke regarding
Items 7B, 7E and 7F. She questioned why the Christmas
decoration bill was not paid until July in the expenditure report.
She spoke to the Resolution for the EMS Transport Fees, stating
we were told at a previous meeting there would be no cost to the
citizens; however the way the Resolution is written, there is a gray
area in reference to the amount beyond the resident's insurance,
health maintenance organization, or third party payer. If you do
not submit this then the resident is liable for the whole amount.
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What about those without insurance or retirees? The third item is
concerning the Severn Trent contract. Why do we need a purchase •
order for March, April, June and part of July if this was budgeted?
Mayor Maingot requested and the City Administrator confirmed
these issues will be addressed when the Item come up for
discussion.
Judi Coad, 1695 Grange Circle, spoke regarding political signs and
would like the Commission to consider a time frame for how long
the signs can be posted in the City and address the number of signs
candidates can place in the City lirnits. Secondly, she addressed
the Barrington wall and was previously guaranteed they will be
kept in contact with as to the status of the project and that is not
being done. She invited the Commissioners to come out to the
construction site and see what is being done and how it is affecting
the Barrington subdivision entrance, wall, sidewalks, and the City.
7. CONSENT AGENDA.
Mr. Langley stated that the City Administrator would like pull
Item 7F for discussion.
Cormnissioner Bundy moved to approve Consent Agenda Items A,
B and D. Seconded by Deputy Mayor Durso.
Motion carried by a unanimous roll call vote.
A. Approve Minutes of the July 7, 2010 Regular Meeting.
B. Approval of the July 2010 Expenditures.
C. Approval of the Monthly Financial Report for the Month of
June 2010.
Commissioner Sackett moved to approve Item 7C. Seconded by
Commissioner Bundy.
Discussion by Commissioner Sackett, requesting where Seminole
County is with distributing the penny sales tax. Ms. Powell
responded that the County has not distributed the funds yet, and
further stated that staff is aware that the City has not received the
funds and is working with the County.
Commissioner Bundy asked does the Commission need to get
involved? Ms. Powell responded it is not an issue and it will be
handled by staff.
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Motion carried by a unanimous roll call vote.
D. Approval of Fiel,I Use Agreement between the City of
Longwood and i6 abe "' uth League of Seminole County, Inc.
E. Approval of Resolution 10 -1246, Setting Emergency Medical
Service and Transportation ]Fees.
Commissioner Bundy moved to approve Item 7E. Seconded by •
Deputy Mayor Durso.
Discussion: Deputy Mayor Durso regarding the questions raised
during public participation.
Ms. Powell read from the Resolution, Section 3(A) "Not
withstanding the rates set forth in Section 1 of this resolution, the
City of Longwood shall neither charge nor collect from, any
resident of the City of Longwood who receives emergency medical
services and transportation from the city or any of its agencies." If
they do not insurance they pay nothing. If the resident has
insurance, Medicaid or Medicare we bill their insurance, Medicaid
or Medicare.
Motion carried by a unanimous roll call vote.
• E. Approval of Purchase Orderfor Severn Trent, Water Plant
Operations.
Commissioner Bundy moved to approve Item 7F. Seconded by
Commissioner Sackett.
Discussion: Commissioner Sackett concern is regarding the
language on ending the contract. Also, he could not locate the
$56,000 amount and the truck for the ending of the contract.
Ms. Powell responded that even if an amount is budgeted she must
present to the Commission for any amount over $20,000 in a single
purchase order. The $56,000 includes the truck and was approved
when the Commission approved the dissolution contract.
Motion carried three /two roll call vote with Deputy Mayor
Durso and Commissioner Sackett voting nay.
8. PUBLIC HEARINGS.
9. REGULAR iIUSINESS.
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A. First Reading of Ordinance 10 -1934 aa®d setting Public Hearing
date for August 2, 2010; Conveyance of Parcels 149, 150 and
511 for SunRail Transit ansit Station.
Mr. Langley read Ordinance 10- 1934by title only.
Commissioner Sackett moved to approve Item 9A, first
reading of Ordinance 10 -1934 conveyance of parcels 149,
150 and 511 for the SunRail Transit Station and set August
2, 2010 as the Public Hearing date. Seconded by Deputy
Mayor Durso and carried by a unanimous roll call vote.
4. First '' eading of Ordinance 10 -1928 and setting Public Hearing •
date for August 2, 2010; Special Events.
Mr. Langley read Ordinance 10 -1928 by title only. •
Deputy Mayor Durso moved to approve Item 9B, first
reading of Ordinance 10- 1928, Special Events and set
August 2, 2010 as the Public Hearing date. Seconded by
Commissioner Sackett and carried by a unanimous roll call
vote.
C. First 1' eading of Ordinance 10 -1930 and setting Public Hearing
date for August 2, 2010; Voluntary Annexation of 1550 S.
Highway 17 -92.
Mr. Langley read Ordinance 10 -1930 by title only.
Deputy Mayor Durso moved to approve Item 9C, first
reading of Ordinance 10 -1930, Voluntary Annexation of
1550 S. Highway 17 -92 and set August 2, 2010 as the
Public Hearing date. Seconded by Commissioner Sackett
and carried by a unanimous roll call vote.
D. First "' eading of Ordinance 10 -1932 and setting public hearing
date for August 2, 2010; Voluntary Annexation of 245 North
Street and Maine Avenue.
Mr. Langley read Ordinance 10 -1932 by title only.
Deputy Mayor Durso moved to approve Item 9D, first
reading of Ordinance 10-1932, Voluntary Annexation of •
245 North Street and Maine Avenue and set August 2, 2010
as the public hearing date. Seconded by Commissioner
Sackett and carried by a unanimous roll call vote.
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10. CITY ADMINISTRATOR'S REPORT.
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A. Update on Goals and Objectives.
Ms. Powell stated she had distributed an update regarding the
Administrator's goals and objectives and she will entertain any questions
or comments. Commissioner Sackett stated he did not have an
opportunity to review the packet provided by the City Administrator and
would like to meet with Ms. Powell. Commissioner Cortes stated the
same. Mayor Maingot suggested the Commission review the update and
meet individually with the Administrator prior to the next Commission
Meeting. Verbal consensus was given by each Commissioner.
11. MAYOR AND COMMISSIONERS' REPO T.
Districts #3. Commissioner Cortes wanted to extend his appreciation to
all those that expressed support in his time of need during his
grandmother's recent passing.
District #4. Commissioner Bundy thanked Ms. Coad and offered his
condolences and sympathies on behalf of the City on the loss of her father.
Regarding the political sign issue, Coinmissioner Bundy had a discussion
with one of the county -wide candidates for office. They have had to apply
for sign permits in multiple jurisdictions. The candidate stated getting the
permit from the City of Longwood was like sitting down for a cup of
coffee in someone's living room. Commissioner Bundy discussed the
Barrington wall and construction with the Lake Emma Road widening
project. Commissioner Bundy would like a staff report regarding the
situation as there are several issues. The City needs someone to look at
the wall, an engineer. He would like to have a full report at the next
meeting. Commissioner Sackett stated that Sheffield got a new wall after
road construction and Barrington should be afforded the same.
Conunissioner Cortes commented regarding the increased liability and
exposure issues due to the placement of the sidewalk and power poles next
to the wall and the City should request a new wall from the County.
District #5. Commissioner Sackett stated that the Agenda was rearranged
some time ago to move the Commissioner's Reports. Stating he does not
like the flow of the meeting requiring the public wait until the end of the
meeting for a response from the Commission. Ms. Powell responded that
the Rules and Procedures allows the Commission to respond during Public
Participation but cannot act upon the Item until it comes up on the
Agenda. Ms. Powell read from the Rules and Procedures. Commissioner
Sackett asked if the City mows the pond at the hospital. Ms. Powell
responded the City has never mowed the around the pond on the corner
that she is aware. Commissioner Sackett thanked Fran Meli and Chris
Capizzi as he finally attended the Movie Night, nice job. National Night
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Out is next week, and he will miss both National Night Out event and the
Commission Meeting on August 2, 2010 as he will be out of town.
District #1. Mayor Maingot stated that in the immediate past each
Commissioner received an email regarding the Lyman Chorus and the
utilization of the City Community Building. Subsequently, each
Commissioner should have received a letter from Lynn Taylor, Lyman
High School, to correct points of misinformation that was in the initial
email. His concern was that if annernber of senior staff caused such an
email to be sent out to the Commission and subsequently learned that the
information was wrong, why was there no follow up communication
clarifying those items. We have to do better than what we have done in
the past, at the least an apology is deserved for Ms. Taylor and the Lyman
Chorus. Mayor Maingot stated he attended the Longwood Area Chamber
of Commerce meeting this morning. When the Longwood Chamber was
first formed there was a corning together of the Longwood business
community in support of the Longwood Chamber, including a lot of
activities and participation. But then the Seminole County Regional
Chamber suppressed the Longwood activities to the extent that the
Longwood Chamber exists only with those members thatmeet once a
month. President Frank Hale of the Seminole County Chamber was in
attendance this morning and that he wanted the Longwood Area Chamber
of Cornrnerce to continue on in that grain, but they voiced their
contradictory - requirements and stated our business community in
Longwood deserves to be able to network with then colleagues in
Longwood and that justifies the expenditure for participating in the
Longwood Chamber. The Seminole County Regional Chamber is an
extension of those networking opportunities beyond Longwood. Mayor
Maingot would like the City to work with the Longwood Chamber and the
Seminole County Regional Chamber to offer them the opportunity to have
some of their sessions and the City host them in the Community Building;
he would like the Commission to think about it'for the next meeting.
Mayor Maingot also discussed his recent visit to Las Vegas.
District #2.
Deputy Mayor Durso had no report.
12. CITY ATTORNEY'S REPO T.
Mr. Langley reported he is attending the Florida Municipal Attorney
Association Seminar July 29 through August 1, 2010, the week prior to the
next Commission Meeting. Regarding the Allied Vets case, Public Risk
Management (PRM), is continuing to evaluate whether the damage case is
covered by the insurance for the City. At this time PRM has made a
decision to assign the case to an insurance defense law firm, Patrick D.
Long at Wickersmith Law Firm. Mr. Long will meet with Mr. Langley to
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review the file. PRM has indicated they will reimburse the City for legal
expenses already incurred and expenses incurred during the transition of
the work to the insurance defense firm. Mr. Langley will be executing a •
Stipulation for Substitution of Counsel. Therefore, Fishback, Dominick,
et al will not be the counsel of record; however, as the City Attorney he
will continue to follow the case and coordinate with the legal defense firm
to provide reports as needed.
13. CITY CLERK'S REPORT.
Ms. Murphy had no report.
14. ADJOURN. Mayor Maingot adjourned the Meeting at 8:53 p.m.
addi ghly7" - Ifrt ,
John C. Iigot, ► ayor
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