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CCMtg10-04-10Min LONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, ]Florida MINUTES OCTOIIsER 4 2010 7 :00 P.M. Present: Mayor John C. Maingot Deputy Mayor Joe Durso Commissioner iCob Cortes Commissioner H.G. "Butch" 1 undy Commissioner Brian Sackett Dan Langley, City Attorney Katrina Powell, City Administrator Sarah M. Mirus, City Clerk Patrice C. Murphy, Assistant to City Administrator Michelle Longo, Executive Assistant to City Administrator Troy Hickson, Police Chief John Peters, Director of Public Works /City Engineer Fran Meli, il!irector of Leisure Services Il. CALL TO ORDER. Mayor Maingot called the meeting, to order at 7:00-p.m. 2. A moment of SILENT ME l!ITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. None. 4. RECOGNITIONS/PROCLAMATIONS. A. District #2 Nomination of the :;usiness Person of the Month Award for October 2010. Deputy Mayor Durso nominated Rob Dominica, Vice President of Dominica Recreation Products, located at 632 Florida Central Parkway for the Business Person of the Month for October 2010. Nomination carried by a unanimous voice vote. 5. OARD APPOINTMENTS. A. District #3 Nomination to the I.' >oard of Adjustment. Commissioner Cortes nominated James "Mike" Seamon, 125 Tarrytown Trail to the Board of Adjustment. Nomination carried by a unanimous voice vote. CC 10 -04- 10/325 6. PUBLIC INPUT. A. Public Participation. Judi Coad, 1695 Grange Circle, said she was here as a representative of the residents from the Barrington subdivision since they did not have a homeowners association and was here to discuss the front- entrance situation. She asked when the report from Bentley Architects + Engineers, Inc. for the structural engineering would be evaluated for the Barrington wall. She said it was authorized by the Commission approximately at the end of July and there has not been a report given as to the status. She said she would like to know about the reports that were received from the firm that was hired to oversee the project and what the costs were to the City. She said they were told about the firm in a meeting that was held approximately in April that included Ms. Powell, Mr. Peters, and Commissioner Bundy. She said she would like to know about the status of the replacement program for the front entrance and no one had discussed anything with them. She said this was going to be discussed with Seminole County, Cathcart Contracting Company, etc. She said she didn't think HDI would be involved and the company was hired by the County to • oversee the inspection. She said another issue they were having before • construction was the front entrance would flood, and now it doesn't flood but it goes totally underwater. She said as of the last rain, the City thought they had it fixed and it was worse. She said she could not come in the entrance with the flood waters and there was flooding at the corner of Lake Emma Road and Longwood Hills Road corning from Ronald Reagan Boulevard. She said there was no street light at the intersection of Lake Emma Road and Longwood Hills Road. She stated you could not see the lane of barrels with their flashing lights and it was much distorted. She said that was a school bus stop out front and according to the meeting that was held, the stop sign would sit out further from the island and they had requested it to be brought down and set -back. She said there was no place for the students to stand, and the stop sign and the island were level to each other. She said there was a telephone pole to the left that obstructed your view and it was even worse at night time. She said it was now dark in the mornings and high school students come across from the Danbury Mills subdivision. She said it would eventually be a five plus (5 +) lane entrance and exit there, and inquired what was the City going to do to make sure the students were safe. She said these were all very serious issues, and she had to stay on top of them and they were not getting addressed. She said this had been going on for years and was hoping to not come before the Commission. She said they were paying for maintenance and there was no maintenance being done. She said they need to have a resolution, and need to be working hand in hand. Ms. Powell said the report was completed and would be willing to meet with Ms. Coad and the members of the commission to show them the report. She said they met with the County on Friday regarding the flooding and other issues. She said the issues were bigger than they assumed and CC 10 -04- 10/326 were addressing those issues. She said regarding the entrance way, they would start that as soon as the construction was completed and know a little more of what's going on. She said as for the stop sign at the entrance and the students, she stated she was unaware of those issues and would be looking into those matters. Mayor Maingot stated there was a light at the bottom of Lake Emma and Longwood Hills Road but it had not been connected. He said there may be a second light and that needed to be connected. Commissioner Bundy said last night he was driving on Longwood Hills Road through that intersection and said there was going to be a bad accident at that location. He requested Mr. Peters notify the County and described the problems with the intersection in detail. He said he would like to see something prevented and did not want to see anyone get hurt. He said it's the County's project and it would be their liability. He noted it was confusing to drivers. Commissioner Sackett said another issue was speed, and drivers were moving a lot faster. He said he had contacts with the school transportation and they came out twice to look at it. He stated they haven't gotten back to him to discuss on how to modify the bus stop. He stated it was not safe for the students from the Danbury Mills subdivision to cross the road. Commissioner Cortes said these were all valid issues but his concern was with the wall located at the Barrington subdivision and said there was a big problem with that wall. Ms. Coad described another problem with the intersection and said it was a serious concern to her and did not want to see someone hurt or injured. 7. CONSENT ADEN I A. A. Approve Minutes of the September 7, 2010 !I' egular Meeting. B. Approval of the Purchase Order for Sprint Laptop Air Cards for the Police Department. C. Approval of the Purchase Order for the Firefighter Protective Ensemble (Turnout Gear). Commissioner Sackett moved to approve the Consent Agenda, Items B and C only. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. 8. PUBLIC HEARINGS. A. Read by title only and adopt Ordina ce No. 104945, approving the extension of the lion- Exclusive Franchises for CC 10 -04- 10/327 the Collection of Co iimerciall Solid Waste and /or Recovered Materials for an additional twelve (12) months. Mr. Langley read Ordinance No. 10 -1945 by title only and then announced having proof of publication. 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 Sackett and carried by a unanimous voice vote. Commissioner Sackett moved to adopt Ordinance No. 10- 1945, approving the extension of the Non - Exclusive Franchises for the Collection of Commercial Solid Waste and /or Recovered Materials for an additional twelve (12) months as presented Item 8A. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. 9. REGULAR r USINESS. None. 10. CITY ADMINISTRATOR'S REPORT. A. II'iscussion on the City Administrator's Goals and Objectives. Ms. Powell said at the October 18, 2010 Commission Meeting there would be an update on the Public Works Facility and Reiter Park. She said they would be staking Reiter Park next week for the burro on the western side and that would be for the dirt received from Ridge, Oak, and Talmo. She stated Ridge, Oak, and Talmo were currently under construction. She said they would be closing on Myrtle Avenue with the Longwood Transit Oriented Development (TOD) this week and hopefully has the closing with the Florida Department of Transportation (FDOT) next week. She said the Commission should have received information in their mailboxes regarding the 50 Annual Legislative Conference that would be held November 18 and 19 at the Hyatt Regency Orlando Airport and inquired who was attending the Conference. Mayor Maingot noted there was an excessive amount of growth at the pond located in Reiter Park and asked that it be thinned out. Ms. Powell said she hoped everyone had the opportunity to review Update 2 of the City Administrator's Goals and Objectives dated October 4, 2010. She then reviewed her Short-Term Goals and Objectives and Long -Tenn Goals and Objectives in detail. Discussion was held regarding Seminole County responding to emergency calls from City residents and transport fees. CC 10 -04- 10/328 Mayor Maingot said having a follow -up meeting would be more than necessary. He said if the Commission did not see any satisfactory movement from them in a direction that would equate things properly, then the City Commission would take it directly with the County Commission. Ms. Powell said she would also be discussing this matter with the County Manager in her meeting on Thursday. She then continued reviewing her Long -Term Goals and Objectives in detail. Mayor Maingot complimented Ms. Powell and staff on the drawdown of only $400,000 and $1,000,000 was going back into Reserves. He said this was a fine accomplishment. Deputy Mayor Durso said he wanted to discuss a couple of issues. He congratulated Ms. Powell on significant progress that was made with the • Con muter Rail Station, working to possibly institute a medical clinic, several annexations, and comprehensive plan amendments. He said with regard to the Community Redevelopment Agency (CRA), he wants to make sure they stay on target for the next month's presentation. He said he would like to begin to focus on the economic development side of it, and would like to hear about in the future, specifically as a small business incubator. He said the City Administrator and he had conversations with the folks at Seminole State College about pairing up with them and using the inventory the City has locally. He said he would like to see a constituent response process. He said as constituents become more and more active, a number of interactions the City has with them increases dramatically and there needs to be a way of tracking those things and not fall into a black hole. He said overall he was happy with what was presented. Commissioner Cortes said in the Goals and Objectives, it shows this was not the Goals and Objectives of one particular person. He said it was a reflection of many people and doing what they were asked to do, which may be above and beyond to what was being asked. He said the Commission requests certain things to get done and staff gets it completed. He stated we can't do this alone and this was a team effort from everyone. He said staff deserves the credit and have a long way to go. Commissioner Bundy said he liked that he was receiving the weekly reports. He said a lot of the Goals were directional type goals towards moving in this direction or putting these processes in place. He said some of these Goals were set by this year's Budget. He said the City Administrator was evaluated annually and on an ongoing basis. He said he was going to look at the incremental progress on projects and named a few specific projects. He said he has had discussions with Ms. Powell regarding the Personnel Policy & Procedures Manual and this had to get CC 10-04-10/329 completed. He suggested every new employee receive a copy of the Personnel Policy & Procedures Manual. He stated communication had not been the best that it could be between the Commission and staff. Commissioner Sackett said that a lot of things discussed were exciting and project oriented. He said he agreed with the keep it simple (kis) method of the City Administrator's Reports and would be greatly appreciated. He • said he applauds the City for being in a good financial position and did not take as much out of Reserves. He said a lot of projects had not been done in the City. He said he would evaluate based on the follow through and commitment to the projects the City has and keep the City Commission informed. He stated he was frustrated with the Pic'N Save and thinks the City was to the point of eminent domain of the building. He said over the last six months, he has heard from people inquiring what Longwood was doing and suggested having a business community meeting for the residents to let them know what this would look like. He read the Mission Statement of the City and asked that staff promote making the citizens feel as though they know what was going on and were part of what the future brings. He said he was frustrated with Reiter Park and thought Reiter Park was a keystone in this area with the Commuter Rail. He said Reiter Park needed to be completed sooner than later. Discussion was held regarding the Pic'N Save property. Commissioner Bundy said several years ago, before Fifth Third Bank had purchased the Pic'N Save property and the City was extremely frustrated with the prior owners. He said Codes Enforcement compiled a sixty (60) to sixty five (65) page report of violations and was not sure if the report still existed. He said the owners were presented with potential violations that they were facing and it helped approve the sale of the property to Fifth Third Bank. He said once the ownership changed, the violations went away. He said at various times there had been issues with the loading dock and it had a pit at the loading dock. He said one of the requirements was they had to maintain electricity on the building for the sump pump to still run since it, would create a health violation. He said even though it was built twenty five (25) to thirty (30) years ago, there were certain landscaping requirements and parking requirements on the building. He said just because the building was empty, it does not alleviate the need to meet the needs of what it was constructed to. He said there was a requirement to keep the parking lot to at least reasonable conditions. He said if Ms. Powell was not receiving responses to her inquiries, he suggested maybe an official notice of Codes Enforcement violations or intent. He said the only cost on the property was the taxes and there was no real incentive to move forward. He said the patience of the City was running out. CC 10 -04- 10/330 Commissioner Sackett said this February they have owned the property for three (3) years and would like to set February as the deadline. 11. MAYOR AND COMMISSl1ONE I': S' REPORT. District #3. Commissioner Cortes said he just came back from the Institute for Elected Municipal Officials (IEMO) that was held in St. Augustine and said it was highly interesting and very effective. He said Ms. Marilyn Crotty put the City of Longwood on top by discussing the City's Citizens Awareness and Participation Plan (CAPP) Program. He said he received a lot of responses from the municipalities that were in attendance and was providing information to them by electronic mail. He said the question about the percentage. of reserves was discussed at the conference and the speaker provided them with the percentages City's should have in reserves. He said the Conference showed the City was doing things right. He said he paid for the conference out of his own pocket and the advanced class was being on April 29 and 30 in Lake Mary. He recommended the Members of the Commission to attend the conference. He said on October 14 Longwood Elementary School would be celebrating their 50 Anniversary and he would be participating in the event. He said he had the opportunity to visit Oak, Ridge, and Talmo to see what was going on. He stated some of the residents expressed their concerns, and Mr. Peters went out and addressed their concerns. He asked Ms. Powell to come up with a policy regarding staff opening the Commissions mail that was sent to City Hall. He said under Federal Law it's illegal for someone to open their mail unless it was authorized by the Members of the Commission. He said he previously requested Ms. Powell to put together a homeowners association/ community representative type of meeting and asked this to come forward very soon. He inquired if the City celebrated its anniversary annually and noted the 135 Anniversary was coming up. Commissioner Bundy said he can have the historian from the Historic Society research the information and provide the information to the • Commission. istrict #4. Commissioner Bundy said in conjunction with some of the thing being worked on, such as State Road 434 being widened and other improvement projects Ms. Powell was working and suggested exploring officially naming State Road 434 to Longwood Boulevard. Commissioner Bundy moved to explore officially naming State Road 434 to Longwood Boulevard. Seconded by Deputy Mayor Durso and carried by a unanimous voice vote. Commissioner Bundy said when a building was torn down and as part of the demolition code; he suggested adding the owner be responsible to restore the property to its original condition. CC 10 -04- 10/331 Commissioner Bundy said previously Beautification Awards had been given to various properties that had been improved in the City. He proposed to present a Beautification Award to the property owner of the shopping center where Longwood Country Kitchen was located. Commissioner Bundy moved to present a Beautification Award to the property owner of the shopping center where Country Kitchen was located and waive the Temporary Sign requirements. Seconded by Deputy Mayor Durso and carried by a unanimous voice vote. District #5. No report. ) istreict #1. Mayor Maingot said on September 30 he participated in the Muscular Dystrophy Association (MDA) Lock -Up, and thanked everyone who contributed towards his bail and.for their help. He said on October 1St, Ms. Powell and him went to the opening of the Amway Arena. He said on October 2 he attended and was one of the presenters at the Wayne Densche Performing Arts Center in Sanford. He asked that a Certificate of Appreciation be put together to Ms. Lynn Taylor and the Lyman High School Choir. He said they went out of their way and gave a tremendous performance at the Heroes Memorial Ceremony. It was a consensus of the Commission to present a Certificate of Appreciation to Ms. Lynn Taylor and the Lyman High School Choir for their participation in the Heroes Memorial Ceremony and the Drumline Band of.Lyman High School for their participation in the Opening Day Ceremony at Babe Ruth Baseball. Mayor Maingot said in the Police Report some attention needed to be given towards illegal handicap parking and he continues to see this happening all the time with no regard. He inquired if the City was mowing the medians and along the sides of Rangeline Road. He explained problems with the brush encroaching, and said it looked messy and asked Ms. Powell to address the matter. He said Proclamations had been prepared for Longwood Elementary School and Mt. Olive Missionary Baptist Church. District #2. No report. 12. CITY ATTORNEY'S REPORT. Mr. Langley said in the Allied Veteran's case before it was transitioned to Public Risk Management (PRM) appointed counsel, Patrick Doulong, they filed a Motion to Compel Some Discovery and did a pretty extensive discovery request to Allied Vet's which included some financial documents, list of customers, list of vendors, contracts to try and figure CC 10 -04- 10/332 out the nature of the operation that was suspected was there and operating illegally. He said as previously reported, the Allied Veteran's Group failed to comply with the discovery request and objected to everything. He said the Motion went to hearing on Tuesday, September 28 and Mr. Doulong argued for the City. He said Mr. Doulong communicated to him by telephone that Judge Alan Dickey granted the City's Motion to Compel on just about every single request that was made, except with respect to the customer and employee lists that were requested. He said the Plaintiff has thirty (30) days to turn over the entire document the City requested and that was a positive result. He stated Mr. Doulong did indicate to him that he was going to send him a written summary of the hearing and the outcome of it. He said when he received the information; he would forward it by electronic mail to the Commission and Ms. Powell. 13. CITY CLERK'S REPORT. A. The City Clerk requests the City Commission review the City Clerk's accomplishments as it relates to her goal - oriented appraisal, Ms. Mirus said the City Clerk's contract calls for the City Commission to conduct an annual goal- oriented appraisal of the City Clerk's performance, which assesses results rather than the methods used to accomplish the results. She said in the Agenda Item she listed her accomplishments for the last year and a half. Commissioner Cortes said in an effort of saving documentation and saving money, he would like more documentation sent to him by electronic mail rather than providing him with a copy. He said it's a little bit but every little bit helps. He said he would like to see better communication between the Ms. Mirus and Ms. Powell. He stated he wanted to see both of them work out whatever needed to be worked out and work together more in the future. Commissioner Bundy said he did not bring it up under Ms. • Powell's evaluation because it applied to both of them. He said this was nothing new he hadn't said to either one of them individually and they were both bright and articulate people. He said they were young and had their careers ahead of them. He said they can run the City for many, many years to come but they have to work together. He said there were issues on both sides, and he had been informed of the issues and had conversations with each of them. The Commission recessed at 8:26 p.m. and reconvened at 8 :30 p.m. CC 10 -04- 10/333 • Commissioner Bundy said he wanted to address this since it had come up from time -to -time on different occasions and it needed to be addressed. He said one of the things he was looking at was moving forward and communication between the two departments needed to be done professionally when there were short comings or things were falling through the cracks. He said they needed to work towards better communication. He stated he was expecting with the day -to -day operations of the City to not have situations were staff was getting upset with work conditions. He said he was tried of babysitting the City Administrator and the City Clerk. He said the situation was they have to come to some sort of working relationship and have to be amenable to change. He said things that have been done in the past were not going to be the way it would be done in the future and need to constantly strive on working to improve things. He said from top to bottom, the City had a pretty good staff and the biggest problems were more perception problems. He said they don't need to be worried about who's going to be getting credit and he said if they do enough good things, then there would be enough credit to go around. He said he was looking to move the City forward and doesn't need the distractions of any kind of conflicts. He said he would like to see • the Administrator and City Clerk work it out. He suggested Mayor Maingot sit down and have a meeting with the City Administrator and the City Clerk. Commissioner Sackett said he sees a write -up that was very thorough and Ms. Mirus had been doing what has been asked. He said the Commission was ultimately responsible and he sated the City Attorney, City Administrator, and City Clerk needed to communicate and make sure things was working as smoothly as possible. He said he agreed with Commissioner Bundy to have Mayor Maingot sit down and have a dialogue that incorporates what were the personal issues. He said in looking at these goals and objectives for both the City Administrator and City Clerk, they both have a head on their shoulder to know what they were doing. He said it was a communication issue and wants to move forward. Deputy Mayor Durso said from what he had heard and /or seen, he was concerned with the Clerk's interactions with staff. He said he would get with the Clerk after the Commission meeting to discuss it with her. He said the minutes, agendas, and agenda packets needed to figure out a way of getting these completed on time. He said that it was unfair to both the Commission and to the• public in the time they were supposed to be presented. He proposed giving staff more time and changing the Rules and Procedures of the Commission. He said that Ms. Mirus had worked hard on CC 10 -04- 10/334 • maintaining her Certification and worked hard to bring things forward in the Office, and appreciates it. Mayor Maingot said if it was the consensus of the Commission, he would be more than happy to meet with the City Administrator and City Clerk at the earliest opportunity to review the areas of concern. It was a consensus of the Commission to have the Mayor Maingot to meet with the City Administrator and City Clerk. Mayor Maingot said he would like to convey to both the City Administrator and City Clerk, the desire to change. He said in terms of approach, in terms of methodology, in terms of working together, and other areas that he would discuss when they get together. He said he wants to see the City Administrator, City Clerk, and City Attorney working together in the same spirit that had been demonstrated by the Commission and to focus on the things that need to complete for the residents. 14. ADJOURN. Mayor Maingot adjourned the meeting at 8:50 .n. John C. ) .;_.; _ot. •Layor • ATTEST: Sarah M. Mirus, MMC, MBA City Clerk CC 10- 04- 10/335 • This Page Left .,flank intentionally. CC 10 -04- 10/336