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CCMtg08-02-10Min LONGWOOD CIITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Honda MINUTES August 29 2010 7:00 P.M. Present: Mayor John C. Maingot Deputy Mayor Joe Durso Commissioner Bob Cortes Commissioner H.G. G "Buteh It wady Kurt Arda man, City Attorney Katrina Powell, City Administrator Patrice C. Murphy, Acting Deputy City Cllerk Troy Hickson, Acting Police Chief Michelle Longo, Acting Asst. to City Administrator Jon Williams, Director of Financial Services Fran Meli, Director of Leisure Services John Peters, Director of Public Works /City Engineer S Ire eryl tower, Director of Community Services Absent: Commissioner t ian Sackett 1, CALL TO ORDER, Mayor Maingot called the meeting to order at 7:04 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 2. COMMUNITY ANNOUNCEMENTS. Ms. Murphy read the following announcements: A. National Night Out will be held Tuesday, August 3, 2010 at Candyland Park, 599 Longdale Avenue, beginning at 6:00 p.m. B. Senior Matinee will be held Wednesday, August 18, 2010 at 1:30 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is August Rusk. CC 08 -02- 10/222 4. RECOGNITIONS. A. Nomination of the Annual Key to the City Award 2010. Deputy Mayor Durso nominated Senator Lee Constantine. Commissioner Bundy nominated Bev Weinsburgh. Commissioner Cortes nominated Dora. Toro, La Prensa. Mayor Maingot nominated Luis Quiroz. Carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. Appointment for Charter Review member, District #2 appointment. Deputy Mayor Durso nominated Steven Debole to the 2010 Charter Review Committee. Carried by a unanimous voice vote. After discussion with City Attorney Kurt Ardaman, Deputy Mayor Durso moved that Mr. Mark Weller be removed from the 2010 Charier Review Committee due to a conflict of residency as prescribed by the Charter. Carried by a unanimous voice vote. 6; PUBLIC INPUT. A. Presentation by the United States Census 2010. Ms. Ana M. Curias, Partnership Specialist with the U.S. Census Bureau, presented the City of Longwood and Ben Paris with a certificate of appreciation for participating in the United States Census 2010 and she read the certificate into record. Ms. Cu.n presented the certificate of appreciation to Mr. Paris and pictures were taken. Mayor Maingot thanked Mr. Paris and Ms. Curras for their efforts toward the 20.10 Census. :;. Public Participation. Royce Lynne Taylor, 865 S. Ronald Reagan Blvd., Chorus teacher at Lyman High School. Thanked the Commission, the City Administrator and the Mayor for all of the support they have provided Lyman High School. Ms. Taylor spoke regarding the rental of the Community Building on May 15, 2010 for their Annual Spring Fundraiser. She stated there were some problems and Karen Behling called her and she verbally agreed to pay for CC 08 -02- 10/223 the extra time for the clean -up. She thought things were settled until she received a call from Mr. Maingot regarding an email. She wanted to let the Commission know that she would not do anything that would jeopardize the relationship between the Lyman High School Chorus and the Commission. She wants to be able rent the building in the future. Roger Green, 205 Slade Drive. Mr. Green stated he is living next to a foreclosed property and despite the best efforts of Cocle Enforcement to enforce a nuisance property that has been empty for over one (1) year. The pool has three (3) feet of standing water. Seminole County mosquito control was at thehome to set mosquito traps. Mr. Green asked if the City of Longwood can do anything more to enforce the nuisance compliance. The home is now a bank owned property. He stated if he calls Code Enforcement someone cuts the vegetation. The pool is a major hazard, and there is easy access from the street with no locked gates to the property. He asked if there is anything more that Code Enforcement can do or the Commission can do... Mayor Maingot stated the City Administrator is taking notes and follow -up action will be taken. Carol Edwards, 344 Tartan Street. Spoke in support of the Lyman High School Chorus and stated she is a parent volunteer. Mrs. Edwards spoke about the issue of liquor at the annual fundraiser. She stated there was no liquor on and .stated there was salad dressing that one of the parents made that was in a container that originally held liquor. She ran the kitchen during the event and stated categorically that there was no liquor. Martin Edwards, 344 Tartan Street. Mr. Edwards stated he was representing the Lyman High School Chorus and stated the same as Mrs. Edwards. Charlene Collins, 115 Des Pinar Lane. Ms. Collins followed up Mrs. Edwards comments. She presented the bottle of liquor that contained salad dressing, not liquor. Ms. Collins reiterated Mrs. Edwards's continents and stated she worked with Mrs. Edwards in the kitchen during the event. John Morgan, 107 Cedarwood Circle. Mr. Morgan spoke regarding the Lyman Chorus situation; he.stated he was there the entire night and during clean up. He spoke with the city employee that was in charge of the facility, clean -up and set -up that evening. Mr. Morgan was concerned about the scuff marks on the floor, and the city employee stated it will not take him long to clean the floor. It has been left. a lot worse when they have groups in the facility CC 08 -02- 10/224 • that have alcohol and the employee further stated you have left it in great shape. Mr. Morgan thanked the Commission for allowing them to use the facility as it i •s important to them and he appreciates the support. Kathy Morgan, 107 Cedarwood Circle. Mrs. Morgan thanked the Commission for supporting the Lyman High School Chorus Boosters and without the City's support they would not be able to do the fundraising. She stated she is appalled that they have been • accused of leaving the facility in any disrepair. Mrs. Morgan stated they cleaned up the kitchen except for a couple of items. They invited Seminole County School Board members to attend this event as well as the Mayor. We had no intention of having alcohol at the event. ()Von the premises. The City employee again commented that the Community Building was in good condition and did a great job cleaning up after the event. Judy Putz 280 West Warren Avenue. Mrs. Putz spoke regarding the proposed maximum millage rate .of 5.99, Item 9A. She .stated this is a whole mill increase over what has been approved over prior years since 2004. Mrs. Putz stated she knows times are tough and the City revenues are down, but before you ask the Longwood taxpayers to accept a tax .rate increase you need to address the Mutual Aid discrepancy with Seminole County. She stated the number of calls the City responds to in the County far exceeds the number of calls the County responds to in the City. She stated this has been going on for over a decade. According to the records in her possession that she has reviewed; the City's responses are over three times as often as the County responses. Mrs. Putz stated she understands that the discrepancy for this year is somewhere around $800,000.00 and that those monies would go a long way toward building Reiter Park. She further stated that the recently passed Ordinance states that a Longwood resident does not have to pay for emergency transport and the City will bill their insurance and what the insurance company does not pay the City will write off. She asked what happens if a county transport answers a Longwood resident's need, they get billed.. This is not fair. Ms. Powell responded to the comments made by Mrs. Putz and stated she is not sure where the $800,000.00 amount originated. She stated the City gets paid to transport people residing in the County, which is why the City has not raised too much of an issue because we bill them for transport. Regarding the Resolution that was previously passed; the City will receive $1,000.00 per transport for all the calls in the County. CC 08- 02- 10/225 Mrs. Putz responded that every time the City goes to a call in the County the City does not transport. Mrs. Putz stated that she would like to make a public records request, and she would like to have the records for the last several years for the times we have gone into the County and the times that the County has gone to the City along with the appropriate financial data, what. the City billed the County and vice -a- versa. She stated this is all available as she has it from 2000 -2001 and assumes the Fire Chief still keeps those records. • Ms. Powell responded that she would welcome that information and if Mrs. Putz can get that information from the County the City and the Fire Chiefwould welcome the report, as we have been asking for this data from Seminole County and they are unable to provide that information based on the new CAD system. Commissioner Bundy responded to the Lyman Chorus issue. He stated that the City has internally addressed the issue(s) so these mistakes or issues will not continue at future events at the Community Building. Barry Burczyk, 440 Village View Lane. Mr. Burczyk echoed everyone else's comments regarding the Lyman High School Chorus. 7. CONSENT AGENDA. A. Approve Minutes of the July 12, 2010 Work Session, July 19, 2010 Executive Session and July 19, 2010 Regular Meeting. B. Approval of the July 2010 Expenditures. • C. Approval of a Purchase Order for Tiberon Stormwater Pump Station ': ehab. C. Approval for payment for Seminole County Traffic Signal Maintenance. Commissioner Bundy moved to approve the Consent Agenda as presented. Seconded by Deputy Mayor Durso. Motion carried by a unanimous roll call vote. 8. PUBLIC HEARINGS. A. Second reading and adoption of Ordinance 10 -1934, conveyance of Parcels 149, 150 and 511 for SunRail Transit Station. Mr. Ardaman. read Ordinance 10 -1934 by title only. CC 08 -02- 10/226 • Mayor Maingot opened the public hearing. 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. Deputy Mayor Durso moved to approve Ordinance 10- 1934. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. B. Second reading and adoption of Ordinance 104928, Amending City Code Chapter 58, Special Events. (The City Administrator has requested to postpone Item 8B until the August 16, 2010 Regular Commission Meeting.) Commissioner Bundy moved to postpone Item 8B to August 16, 2010. Seconded by Deputy Mayor Durso and carried by a unanimous roll call vote. C. Second reading and adoption of Ordinance 104930, Voluntary Annexation of 1550 S. Highway 117 -92e Mr. Ardaman read Ordinance 10 -193:0 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. 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 Ordinance 10- 1930. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. ID. Second reading and adoption of Or dinnannce 10 -1932, Voluntary Annexation of 245 North Street and Maine Avernnne. Mr. Ardaman read Ordinance 10 -1932 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. • CC 08-02-10/227 Deputy Mayor Durso moved to close the public hearing. Seconded by Conunissioner Cortes and. carried by a unanimous voice vote. Deputy Mayor Durso moved to approve Ordinance 10- 1932. Seconded by Commissioner Cortes. Discussion by Commissioner Bundy regarding an already existing Maine Avenue within the. City limits. Ms. Powell responded the City has verified there is no confusion for emergency response. Motion carried by a unanimous roll call vote. L. Second reading and adoption of ordinance 104917, relating to a Lease Agreement between the City of Longwood and Clear Wireless, LLC. Mr. Ardaman read Ordinance 10 -1917 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. 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 Ordinance 10- 1917. Seconded by Commissioner Cortes. Discussion by Commissioner Bundy regarding a separate cell tower lease agreement and multiple five (5) year leases with automatic renewals and asked how is that different. Mr. Ardaman stated that the prior proposed lease was a five (5 )year lease with five (5) year automatic extensions at the company's discretion, now the contract has five (5) renewal options but the first renewal • option is not done by the City and is in effect a ten (10) year deal. Thereafter, it has to be a mutual agreement between the City and Clear Wireless, LLC for the renewal rate. Deputy Mayor Durso stated the difference between the two (2) contracts is the property issue with the other tower. Carried by a unanimous roll call vote. 9. REGULAR BUSINESS. A. Setting a tentative arnilinge rate of $5.99 for Fiscal Year 2010 - 2011 Budget and authorizing the City Administrator to sign CC 08 -02- 10/228 • • the Certification of Taxable Value (IDR -420) and Maximum Millage Levy Preliminary Disclosure (DR- 420MMP) forms. Ms. Powell stated this item is to set the tentative millage rate and to keep in Mind that, this is only the beginning of the budget process and this rate can be lowered but it cannot be raised. Mr. Ardaman stated this rate that will be sent to the property appraiser as a maximum. If the Commission decides to raise the millage after the tentative millage has been set, it - would be of great expense to the taxpayers as each property owner is required to be notified. Commissioner Cortes moved to approve Item 9A as presented. Seconded by Commissioner Bundy for discussion. Commissioner Cortes stated that he is not ready to raise the millage rate to $5.99 or any taxes, but they are required to submit this document by August 4, 2010. He stated the City will have some flexibility when we start the budget talks, and stated he is not in favor of raising millage rates but he would like to have the flexibility to discuss the budget and explore all options for the best interest of the residents of the City. Commissioner Bundy stated he indicated to the Administrator and Director ofFinancial Services that he will support setting the tentative millage rate at whatever figure they derived and support the agenda item. He stated, that does not mean that this is where the millage rate will remain. • Deputy Mayor Durso stated he is not prepared to support this and he is not prepared to increase the millage at this point for a number of reasons. He and the City Administrator have had several conversations regarding alternative sources of funding. He further stated that we are not completely out of options with regards to the reserve and it has always been his philosophy with regard to running a government that the reserve is an emergency account. During good years, you tell taxpayers that you are taking a little bit extra from them this year so that when times get tough you don't have to come them the first time out, to by the City a little more tinge. This Commission has balanced the budget from the reserve in the past. He stated there is no better time to use a reserve account than a time like this as we are in the middle of an economic hurricane. Before we raise taxes for residents and businesses he believes we need to do more research. He stated he understands this is not a final millage rate increase, and the City Administrator is doing her .due diligence. Mayor Maingot stated that the $5.99 millage is the maximum and we are fulfilling a requirement but in so doing it gives us an opportunity, due to not having. had the budget work session before hand, provides us room to CC 08-02-10/229 move. He stated that it is our fiduciary responsibility to ensure that there is a degree of protection, not a license to increase taxation, to help us. He stated he has never been in favor of using, the reserve. We have to give ourselves the flexibility. However, the $5.99 will never happen. Motion carried with a three/one roll call vote with Deputy Mayor Durso voting nay. 10. CITY ADMINISTRATOR'S REPORT. Ms. Powell stated the budget work session will be held on Friday, August 7, 2010 at 9:00 a.m. On July 22, 2010 she attended Commissioner Cortes' Town Hall Meeting. On July 24, 2010 :she and the senior staff got together to discuss budget issues and bring forward resolutions and solutions to a tight budget. 111. MAYOR AND COMMISSIONERS' REPORT. Distrriets #4. Commissioner Bundy requested to have as much breakdown on individual line items. Ms. Powell responded staff will provide the worksheets as done previously. Commissioner Bundy discussed dealing with foreclosed properties and code enforcement issues. We have mechanisms to deal with the property and the property owner(s). As a general course, if it is the desire of the C ommission, after you have been cited you must go in front of the magistrate even if they come into • compliance, compliance creates no problem, but sets up the case for the next time they come before the magistrate and gives the City a little bigger stick for repeat offenders. The City is not looking to punish anyone but to ensure compliance and up keep of the properties. He stated he will pass. information along from the State Legislature with regard to foreclosure registries for discussion with staff. The Commission needs to send a message to our Code Enforcement staff that we are going to support their efforts, and to the people that need assistance that we should try to help them, but the ones that flagrantly disobey the codes will be brought before the magistrate. Commissioner Bundy asked for an update regarding the Barrington subdivision and the wall. Mr. Peters, Director of Public Works /City • Engineer, provided an impromptu update. Mr. Peters provided the following: an orange fence has been erected in all residence yards except for one property owner that requested not to have the orange fencing installed and has signed a release. The City is in the process of doing a proposal to perform a structural evaluation of the wall and will move forward from there. Mr. Peters has met with the Acting County Engineer last week and will be meeting again to discuss Barrington and several other issues with the Lake Emma road project. We are continuing to CC 08-02-10/230 monitor and continue to move forward. Commissioner Bundy appreciated the response. Mayor Maingot stated there is an adjoining development (at Barrington), it is connected and they have a wooden fence that if you stand on the curb you are two (2) feet below the top of the fence. In actuality they no longer have the protection. of the fence or privacy. He requested that Mr. Peters take note of that situation when he goes out to Barrington again. District #s, Absent. District #1. Mayor Maingot stated he did not have a report. He then invited those who are interested in the budget process to attend the meeting on Friday at 9:00 a.m. District #2. Deputy Mayor Durso stated he has two items. He stated he took video and pictures of the Barrington wall and was able to move the brick wall himself. He stated he will provide the information to the City Administrator. He would like to give the Administrator and Public Works. Director the support they need from the Commission to ensure Seminole County provides adequate remedies for our residents. With regard to the Lyman High School chorus, he supports Lyman and trusts all issues are resolved and that the Commission supports Lyman. He plans to support Lyman in the future as well. i istrict #3, Conunissioner Cortes commented regarding the Barrington wall. He stated that back to school is on August 16, 2010 and brings increased activities. He also supports Lyman High School and appreciates all they do for our students. La Prensa newspaper is holding a back to school event on August 15, 2010 at La Prensa., next to Lyman, from 12— 4 p.m. and the City is lending support. They are giving away school supplies, book bags, etc... Commissioner. Cortes stated he held a Town Hall meeting and thanked Pastor Hobson for allowing him to hold the event at their church. He also thanked the staff that attended the meeting and providing service to the public. Commissioner Cortes thanked the Police Department and Public Works Department for working with blighted and neglected properties and bringing them into compliance through the use of trustees. He stated he is concerned with neglected pools and the Dengue outbreak that has reached South Florida. 1.2. CITY ATTORNEY'S REPORT. Mr. Ardaman had no report. 13. CITY CLERK'S REPORT, CC 08 -02- 10/231 Ms. Murphy had no report. Mayor Maingot made an additional comment regarding the 9 -11 Ceremony of Remembrance to be held at Hero's Memorial Park beginning at 9:30 a.m. 14. ADJOURN Mayor Maingot adjourned the Meeting at 8:20 p. . • (0 I « ingot, "Layor ATM Patrice /C, Mi ph 9 ') Acting Deputy, ii , 1e, CC 08- 02- 10/232 •