CCMtg08-16-10Min LONGWOOD CITY COMMISSION
Longwood (City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
August 116, 2010
7000 P.M.
Present: Mayor John C. Maingot
Deputy Mayor Joe I nncso
Commissioner Bob Cortes
Commissioner H.G. "Butch" 3 candy
Commissioner Brian Sackett
Katrina Powell, City Administrator
Dan Langley, City Attorney
Patrice C. Murphy, Acting Deputy City Clerk
Michelle Longo, Aeti n g Assistant to City Administrator
Troy Hickson, Acting Police Chief
Anthony Stravino, Fire Chief
Jon Williams, Director of Finance
John Peters, Director of Public Wort /City Engineer
Sheryl Bower, Director of Community Development
Chris Kintner, Community Development Coordinator
Fran Meli, Director of Leisure Services
Absent: Sarah M. Mirus, City Clerk (Excused)
Il. CALL TO ORDER.
Mayor Maingot called the meeting to order at 7:00 p.m.
2. A moment of SIILENT MEDITATION was followed by the PLEDGE
OF ALLEGIANCE
3. COMMUNITY ANNOUNCEMENTS. None.
4. RECOGNITIONS.
A. District #5 Presentation of the Business Person of the Month
Award for August 20110 to Ronda Carmichael and Toni
Stauber, Owners of Bone Appetit.
Commissioner Sackett read a brief biography on Ms. Ronda
Carmichael and Ms. Toni Stauber, Owners of Bone Appetit. He
presented them with the Business Persons of the Month Award for
August 2010. Photographs were then taken.
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B. Annual Key to the City Award 2010 Presentation to Luis
Quinn, President, Royal Press.
Mayor Maingot read a Proclamation that outlined a biography on
Mr. Luis Quiroz. He then presented Mr. Quiroz with the
Proclamation and Key to the City Award. Photographs were taken.
. C. Annual Key to the City Award 2010 Presentation to Senator
Lee Constantine.
Deputy Mayor Durso read a Proclamation that outlined a
biography on Senator Lee Constantine. He then presented Senator
Constantine with the Proclamation and Key to the City Award.
Photographs were taken.
D. Annual Key to the City Award 2010 Presentation to Dora
Cassanova, La Pre If sa.
Commissioner Cortes read a Proclamation that outlined a
biography on Mrs. Dora Cassanova. He then presented Mrs.
Cassanova with the Proclamation and Key to the City Award.
Photographs were taken.
E. Annual Key to the City Award 2010 presentation to ev
Winesburgh.
Commissioner Bundy read a Proclamation that outlined a
biography on Mrs. Bev Winesburgh. He then presented Mrs.
Winesburgh with the Proclamation and Key to the City Award.
Photographs were taken.
K District #1 Nomination of the it uusiness Person of the Month
Award for September 2010.
Mayor Maingot nominated Tony Chen, President of Imperial
Dynasty Chinese and Sushi for the Business Person of the Month
Award for September 2010. Nomination carried by a unanimous
voice vote.
The Commission recessed at 7:25 p.m. and reconvened at 7:33 p.rn.
5. BOARS APPIINTMENTS. None.
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6. PUBLIC INPUT.
• • A. Presentation by the Children's Cabinet of Seminole Cori m t-y.
A presentation was made by Ms. Lynn Whitcomb, Co -Chair of the
Children's Cabinet of Seminole County. Ms. Whitcomb stated the
Children's Cabinet of Seminole County is the State model for all
Children's Cabinets.
Mayor Maingot recognized a member in the audience, Mr. Greg
Fox, a news reporter and anchor, and his son who were attending
the Meeting to earn a merit badge in communication that requires
attending a Commission meeting for the Boy Scouts.
B. Public Participation. None.
7. CONSENT AGENDA.
A. Approve Minutes of tine August 2, 2010 Regular Meeting.
I. Approval of the July 2010 Expenditures.
C. Approval of the Monthly Fina ni cial Report for the Month of
July 2010.
D. Acceptance of Recovery Act.Edward Byrne JAG Award.
E. Approval of Purchase Order — Woolpert, Inc.
Commissioner Bundy moved to approve the Consent
Agenda as presented. Seconded by Commissioner Cortes
and carried by a unanimous roll call vote.
8. PUBLIC HEARINGS.
A. Second reading and adoption of Ordinance 104928, Amending
City Code Chapter 58, Special Events.
Mr. Langley read Ordinance No. 10 -1928 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor
or in opposition to Ordinance No. 10 -1928.
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 No. 10-
1928. Seconded by Commissioner Sackett and carried by a
unanimous roll call vote.
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9. REGULAR BUSINESS.
A. Variance Historric District; 327 Wilma Street.
Mr. Langley swore -in the parties that were speaking at the quasi -
judicial hearing.
Public Hearing Requests and sworn -in by Mr. Langley: Mr. Jay
Friend, 327 Wilma Street, Longwood, Florida; Mrs. Jeannette
Friend, 327 Wilma Street, Longwood, Florida; and Mr. Terry
Hotard, 1461 Palmer, Winter Park, Florida.
Mr. Kintner provided an overview of the variance request in the
Historic District.
Mr. Friend spoke in favor of the variance request. He stated that
the request is based upon the requirements of the Department of
Children and Families to have a playground on the property and
this limited the amount of parking.
Commissioner Sackett recused himself from the vote due to a
personal relationship with the Applicants.
Mr. Langley provided additional information regarding
Commissioner Sackett and the recusal vote.
Commissioner Bundy asked if Mr. Phil Danewood's property
would be used for a pick -up and drop -off.
Mr. Friend responded in the negative and stated that it may be used
by employees for parking.
Commissioner Cortes inquired if there was on street parking on
Wilma Street.
• Mr. Kintner responded in the affirmative.
Commissioner Cortes requested signage in that area for "No
Parking" due to the traffic concerns along Wilma Street.
Deputy Mayor Durso asked if this Facility was for special
populations or open to the public.
Mr. Friend responded that the daycare would be open to the public.
Mr. Hotard spoke in favor of the Applicant. He stated he owns the
property most affected by the proposed daycare and welcomes the
business. He said his main concern would be the noise by the
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proposed Day Care Facility. He stated that Mr. Friend will
mitigate the noise for his tenants.
Mr. Friend provided closing continents stating he believes this will
be a benefit to the community and hopes the variance is approved.
Deputy Mayor Durso moved to close the public hearing.
Seconded by Commissioner Cortes and carried with a four
to zero (4 -0) voice vote with Commissioner Sackett
abstaining.
Conunissioner Bundy moved to approve the variance in the
Historic District as presented with the requirement that all
children be dropped -off and picked -up on site. Seconded
by Deputy Mayor Durso and carried by a four to zero (4 -0)
roll call vote with Commissioner Sackett abstaining.
Bo First st Reading of Ordinance No 104931; Small Scale Plan
Amendment and Longwood Design Guidebook Map
Amendment.
Mr. Langley read Ordinance No. 10 -1931 by title only.
Deputy Mayor Durso moved to approve the first reading of
Ordinance No. 10 -1931 and set the public hearing date for
September 7, 2010. Seconded by Commissioner Sackett
and carried by a unanimous roll call vote.
C. First Reading of Ordinance No, 10 -1933; Small Scale Plan
Amendi,n ent and Longwood Design Guidebook Map
Amendment
Mr. Langley read Ordinance No. 10 -1933 by title only.
Deputy Mayor Durso moved to approve the first reading of
Ordinance No. 10-1933 and set the.public hearing date for
September 7, 2010. Seconded by Conunissioner Sackett
and carried by a unanimous roll call vote.
D. Temporary Sign Waiver Request; 905 Longwood Hills Road.
Commissioner Cortes moved to approve Item 9D,
Temporary Sign Waiver Request as presented for
discussion. Seconded by Deputy Mayor Durso and carried
by a unanimous voice vote.
Commissioner Cortes inquired what was the Applicant requesting.
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Mr. Kintner gave an overview of the request and explained the
Applicant was requesting four (4) additional signs. He said the
Applicant was also requesting the waiver be extended for ninety
(90) days during the Seminole County Road Widening Project at
Lake Emma Road through March 2011.
Commissioner Sackett asked how long they had been at that site.
Mr. Kintner said he did not know.
Commissioner Sackett asked if there was presently a trailer sign.
Mr. Kintner stated not that he was aware of.
Commissioner Sackett stated that he saw one this morning.
Commissioner Bundy said he would not be adverse for them to
have a trailer sign for ninety (90) days due to the road construction.
He said the additional signage would be overkill and normally not
approved in a residential property setting.
Mayor Maingot provided additional comments with regard to the
traffic and construction. He said the City ought to give them a
little help and stated that he did not agree with the proliferation of
the signage.
Commissioner Cortes asked if the Applicant was at the Maximum
allowable amount of the permanent signage.
Mr. Kintner responded in the affirmative.
Commissioner Sackett stated he was in favor of the trailer sign, but
not in favor of any additional banners /signage:
Deputy Mayor Durso stated he agreed with the banner issue and
that this is a prime example of why we need a comprehensive
approach to signage.
Commissioner Bundy proposed an amended motion to
approve Item 9 D, in which only a trailer sign would be
waived, does not exceed the ninety (90) day time period,
and with no additional signage waiver. Seconded by
Commissioner Sackett and carried by a unanimous roll call
vote.
Main motion carried by a unanimous roll call vote.
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E. Resolution No, 104247; Rosedale/Lakeview /Magnolia/
Pasadena Road Paving Assessment
Mr. Langley read Resolution No. 10 -1247 by title only.
Commissioner Bundy moved to approve Resolution No.
10 -1247 and set the public hearing date for September 7,
2010. Seconded by Deputy Mayor Durso and carried by a
unanimous roll call vote.
F. Approval of Land Purchase Offer — New Public Works
Facility.
Mr. Langley stated he suggested changes be made to the City
Administrator and explained the recommended changes to the
contract.
•
Ms. Powell stated the contract was approved by the Florida Real
Estate Commission (FREC).
Mr. Langley stated that some things have been proposed to be
changed as indicated by the addendums.
Commissioner Cortes asked Mr. Langley to provide a specific
example of seeking specific performance.
Mr. Langley responded that if the City defaults on the contract and
the injunctive relief would force the City to close and purchase the
property.
Commissioner Bundy pointed to the last page of the contract and
said the notice located on Page 5 of 5, which states the Florida
Association of Realtors makes no representation as to the legal
validity or adequacy of any provision of this form in any specific
transaction.
•
Mr. Langley spoke additionally to the addendum within the
contract as it does not mention the due diligence period.
Deputy Mayor Durso asked Mr. Langley to speak to Chapter 286
of the Florida Statutes, with regards to the public records law and
subjecting private businesses to the regulations of government.
Mr. Langley responded that Florida Statute 286.23, Real Property
Conveyed to a Public Agency, Disclosure of Beneficial Interest.
1-le then read Section 286.23 of the Florida Statutes and said the
• closing agent would have to follow that Statute.
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Deputy Mayor Durso asked if that was for a private land owner
doing business with a government.
Mr. Langley responded in the affirmative and said they are
conveying property to a government.
Mayor Maingot stated it would be appropriate to make the
recommended changes to the contract, if it was a consensus of the •
Commission to include those changes.
Commissioner Cortes responded that if it was in the best interest of
the City, and would like more time to review the information in
advance and not on the dais during the meeting.
Comini.ssioner Bundy stated it was good to include the
amendments.
Commissioner Sackett asked when the information was sent over
to the City Administrator. He said he would approve the
amendments.
Deputy Mayor Durso in the future would like to see these items
presented to the Commission prior to the meeting and sent directly
from the City Attorney and not.have them brought forward on the
dais.
Mr. Langley stated there were two (2) electronic mails that were
sent on August 11,, 2010 and August 12, 2010.
Ms. Powell stated they will incorporate the changes as an
addendum and present them the Broker. She further indicated that
the contract was moved forward as a cost savings to the City by
not taking standard contracts to the Attorney.
Commissioner Sackett moved to approve Item 9 F with the
recommended addendums to the contract as provided by
the City Attorney, Mr. Langley. Seconded by
Commissioner Cortes.
Further discussion was held.
Commissioner Bundy asked if there was a certified appraisal done
on the property and if this was the best deal the City could get on
the property.
Mayor Maingot stated time is of the essence and would offer a lot
less.
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Further discussion continued with regard to the asking price for the
property and the right-of-way issues.
Mr. Peters stated when the City was first approached by the
property owners, they were requesting $1,000,000. He said when
the Principal from Choices in Learning was at a Commission
meeting, she indicated the property owner had offered for them to
purchase the property for $500,000. He said they contacted the
property owner and the owner then matched the requested
$500,000 offer to Choices in Learning for the property. He asked
the Commission look at the comparable market.
Commissioner Bundy asked if the City had a certified appraisal
completed on the property.
Mr. Peters stated they can have a full appraisal made, but the
comparative market states the same. He further stated they have
not seen a single piece of property where the property appraiser's
numbers are very low and come close to the seller's asking price
for the five (5) parcels that they have reviewed for purchase.
Commissioner Cortes asked if the price can be further negotiated
to $450,000 maximum.
Commissioner Bundy agreed and said he does not know what the
magic number should be for the property. He stated. that if the
Commission delays too long the City will lose the SunRail Station.
Ms. Powell stated that if they don't move on the property now, the
City would be pushed to Phase II of the SunRail Project. She, said
once they finalize the Department of Transportation (DOT)
contract, the City would have 180 days to vacate the Public Works
site.
Mr. Peters stated that if the City had not vacated the Public Works
facility by April 1, 2011 the SunRail Project would be moved to
Phase II.
Deputy Mayor Durso stated he was aware of the property search
for the Public Works Facility. He inquired if property sales in the
City were selling for more than $4 per square foot and give staff
direction to either negotiate or move to another location.
Commissioner Sackett stated $500,000 was too high and to offer
$450,000.
Ms. Powell asked the Commission for a range.
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•
Commissioner Sackett said $450,000 to $475,000.
Mr. Langley stated the seller had not signed the contract and did
not approve the current contract. He stated that the Commission
needed to set a price for the offer and then execute the contract.
The Commission agreed on a set price of $450,000.
Commissioner Sackett withdrew his motion.
Commissioner Cortes withdrew his second to the motion.
Commissioner Cortes moved to approve Item 9 F with the
recommendations from the City Attorney and the offer not
to exceed $450,000. Seconded by Commissioner Sackett
and carried by a unanimous roll all vote.
10. CITY ADMINISTRATOR'S REPORT.
Ms. Powell thanked the Directors and the City Commission for all
of their hard work on the 2010 -11 Budget. She said together they
were able to put together a Budget that meets some of the City's
capital needs, keep staffing levels the same without any layoffs,
and providing services to the residents without having to raise
property taxes.
Ms. Powell provided an update regarding the 9 -11 Remembrance
Event to be held at Hero's Memorial Park beginning at 9:30 a.m.
Mayor Maingot, Ms. Longo, and Ms. Kim Zeh are working hard to
put the event together. Each Commissioner will receive an agenda
for the program.
Commissioner Sackett stated that is the same day as Opening Day
for Babe Ruth.
. Ms. Powell stated on September 22, 2010 and in conjunction with
the Seminole County Regional Chamber of Commerce, the
Longwood Chamber of Commerce, and the Economic
Development Commission, the City will host the First Annual
Longwood Business Reception. She said letters would be mailed
to each of the businesses.
Ms. Powell thanked all the employees for all they do for the
residents and community.
Ms. Powell thanked Ms. Murphy for the outstanding job she has
done as the Acting Deputy City Clerk. She said Ms. Murphy
stepped up to the plate and bit a homerun while serving in this
position. She said she has been extremely helpful to every
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department, resident and visitor to the City Clerk's Office and City
Hall, and has even visited the City Cemetery with families and
loved ones while showing them burial plots. She stated the
employees have enjoyed working with her and are grateful for all
of her hard work.
11. MAYOR AND COMMISSIONERS' REPORT.
District #5 Commissioner Sackett reported that he will. not be attending
the Earth Watch Trip due to his allergy to bees.. He said congratulations
on the website with Babe Ruth Baseball being on the homepage.
District #1. Mayor Maingot stated on August 13 he met with the City
Administrator, Ms. Bower, and others stakeholders in the development of
the TOD and incorporated an educational component. He said the end of
World War II was on August 14 and he attended an event at Chambrel
and read a Proclamation. He asked the City Administrator to provide the
program to the Commission for the 9 -11 Ceremony. He complimented the
City Administrator, the two Chiefs and everyone's efforts.
District #2. No report.
District #3. Commissioner Cortes offered his condolences to Sergeant
Griffin and his family for the loss of his brother. He stated 'school began
today, and to be safe and aware. He said with regards to the issue at
Orange Avenue and Oleander Avenue, he assumed Blue Ox had been
contacted.
Ms. Powell stated Superior Asphalt was responsible and had been
contacted.
District #4. Commissioner Bundy stated he is looking forward to the
Florida League of Cities Conference at the end of the week.
12. CITY ATTORNEY'S REPORT No report.
13. CITY CLERK'S REPORT1 e
Ms. Murphy stated that as a reminder that the next regular Commission
Meeting would be held on Tuesday, September 7, 2010 due to the Labor
Day Holiday.
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14° ADJOURN.
Mayor Maingot adjourned the meeting at 9:44 p.m.
John aingl, Mayor
1
A P li , iJ 11 e -
/X //,/
" Patrieti&MurphilM AgAe Deputy City Clerk
•
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F*Ri I MEM• Ai *F VOTING C•NFUCT FSR
COUNTY i lUNICOPAL, AN* OTHE LOCAL PUI rU >t C FF10E S
LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Sackett, Brian D. Longwood City Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
399 Harbor Isle Way WHICH I SERVE IS A UNIT OF:
CITY COUNTY al CITY El COUNTY ❑OTHER LOCAL AGENCY
Longwood Seminole NAME OF POLITICAL SUBDIVISION:
District #5
DATE ON WHICH VOTE. OCCURRED MY POSITION IS
August 16, 2010 151' ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government,agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in .or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
. utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE.ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members ofthe agency.
• The form must be read publicly at the next.meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. ,A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Brian Sackett hereby disclose that on August 1 6 20 10
(a) A measure came or will come before my agency which (check one)
1 1 inured to my special private gain or loss;
inured to the special gain or loss of my business associate •
inured to the special gain or loss of my relative, •
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest :in the measure is as follows:
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Date Filed / Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2