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CCMtg02-21-11Min LONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida M1 IINUTES FIE I:.RUARY 21, 2011 7:00 P.M. Present: Mayor John C. Maingot Deputy Mayor II ob Cortes Commissio m er II.G. "II etch" I: undy Commissioner I: ria,1, Sackett Dan Langley, City Attorney Katrina Powell, City Administrator Sarah M. Mirus, City Clerk Patrice C. Murphy, Assistant to City Administrator Paull I'' oss, Interim Fire Chief Troy Hickson, Police Chief Michelle Longo, Executive Assistant to City Administrator Fran Meli, Director of Leisure Services Sheryl I: over, Director of Community Development Services Chris Kintner, Planner /Stormwater Absent: Co it missioner Joe Durso (Excused) 1. CALL TO OI' *E" Mayor Maingot called the meeting to order at 7:02 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcement: A. Longwood I. Ruth's Opening Day Ceremonies and Games will be held on Saturday, March 5, 2011 beginning at 9:00 a.m., Candyland Park, 599 Longda]e Avenue. 4. RECOGNITIONS/P I OCLAMATIONS. A. Presentation of the :, eautification Award] to C.W. Country Kitchen located at 282 West State Road 434. Mayor Maingot presented Mr. Rajinder Dua, Owner of C.W. Country Kitchen with the Beautification Award. Photographs were then taken. CC 02 -21 -11/37 I:.. District #1 Nomination of the I::usiness Person of the Month Award for March 2011. Mayor Maingot nominated Mr. Barry Elba, Owner of Body Perfect Auto Collision Inc. at 305 Dane Lane, Suite 101 for the Business Person of the Month Award for March 2011. Nomination carried by a unanimous voice vote with Commissioner Durso absent. 5. I:;OARD APPOINTMENTS. A. Appointment of a Citizen I" epresentative to the MetroPlan Orlando, Citizens Advisory Committee. Mayor Maingot nominated Ms. Lynne Breckon, 400 Overstreet Avenue, to the MetroPlan Orlando, Citizens Advisory Committee. Nomination carried by a unanimous voice vote with Commissioner Durso absent. 6. PIJ I: LIC INPUT. A. Presentations. Mayor John C. Maingot would like to make a presel tation of "Concordia ". Mayor Maingot said last year with the concurrence of the Commission, they gave him an assignment to meet with the City Administrator and the City Clerk to resolve many issues that then existed. He said the Commission was aware of what they were and such issues did actually exist even before the current City Administrator. He stated they met on three (3) occasions and the last meeting was held on January l l thi He said as he mentioned earlier, whatever discussions took place and there was a total agreement between the three (3) parties, that it would remain confidential. He said the nature, depth and frankness of the discussions, for him were extremely moving. He said he thinks since they have been able to work on this assignment collectively, . collaboratively, and with all sincerity and dedication, they no doubt have experienced a considerable transformation between the offices here in the City. He said human nature was such, that as time goes forward and circumstances and /or difficulties present themselves, we are apt to forget that which we have agreed to. He said they were searching for a way without having to put things in writing, how they could best project this and how they could best have this undertaking continue to manifest the agreement for the months and the years ahead of us. He said there was a saying that a picture was worth a thousand words and as such, Mr. John Peters, who was a photographer extraordinaire, undertook this mission impossible. He said, this evening, it was his great pleasure and privilege on behalf of his fellow Commissioners who have given him that assignment, to let them know that the results have already shown manifestation. He will present, with the Commission's CC 0221 -11/38 participation a photograph, which was termed Concordia. He said this will henceforth express the agreement, understanding, appreciation, dedication and purpose that resulted from those meetings that he has conducted on behalf of his fellow Commissioners. He presented the City Clerk and City Administrator with the photograph entitled "Concordia "; and photographs were then taken. Mayor Maingot said if it pleases his fellow Commissioners at the next Commission meeting, when Commissioner Durso will be present, and this was up to the Commission, that he may have a copy of Concordia, which he can have in his office as well. He said being received from his fellow Commissioners, having concluded the assignment that he was given; and this was entirely up to the Commission. The Commission discussed the matter and decided to have the presentation made at the next Commission meeting. Bo Public Participation Jack Caldwell, 319 Bonnie Trail, said there was a well -known successful communication strategy that dictates and you may have heard of it, "Tell me quick and tell me true or else my love, to hell with you ". He said he comes before the Commission again with a great concern for safety. He said it was the safety of Longwood's school children and adults. He said as the leaders and administrators of our City, you are aware of and need to know again that at the intersection of Longwood Hills Road and Rangeline Road it almost defies description and that the danger was everywhere. He said heading north on Rangeline Road and turning east on Longwood Hills Road, requires the driving skills of a NASCAR driver and the luck of a big lottery winner. He said as does the turn going west on Longwood Hills Road and turning south onto Rangeline Road. He said the actual lines were indefinable and then described the driving experience through the intersection. He said sadly, should he mention the condition of the road at the intersection northbound on Rangeline Road, and if you drive over that, hold onto something. He said to top it all off, this intersection was a busy school crossing for our children. He said he's been told the safety of our citizens was paramount for all our government bodies. He said he was told Seminole County Government was responsible for the intersection and was told by the Chief of Police that he has already great concerns for this intersection, but has been unable to get the County's attention on the matter and communicate back to him. Finally, his request on this was to have someone quicker rather than soon as possible to get in touch with the County to see what can be done about this CC 02 -21 -11/39 unsafe intersection. He said your quick actions would be appreciated. He said tonight, he noticed while coming home through that intersection there were little piles of broken glass and this was self-evident to recent accidents in that intersection. He said item two (2) he had on his agenda, his wife and he had the pleasure of going to a Longwood restaurant about a week ago located on South US Highway 17/92. He said the name of the restaurant was the Polonia Polish Restaurant, and enjoyed the place. He said he did not see any awards or designations that Longwood had presented. He said if you hadn't been there, he recommended it, and was a nice place to go to. Allen Weber, 1786 Grange Circle, he said this was the third Commission meeting that he has attended regarding the wall, entrance and current maintenance issue at the Barrington subdivision. He said the Lake Emma Road Widening Project started approximately one (1) year ago and the sprinkler system for the property that they pay maintenance on has not been watered all that time and everything was virtually dead. He said they were still being charged their maintenance fee and this was a concern for all the residents. He said the second big concern was the entrance into the subdivision. He said if you have been up and down Lake Emma Road lately, they were the only subdivision where the entrance was tom up. He said his question was why the County has not yet fixed the entrance. He said they can't turn the sprinklers back on until the island was fixed. He said then they come to the big issue, which was the wall. He said they had a meeting with the City Administrator, Ms. Katrina Powell, Commissioner Butch Bundy and Mr. John Peters on October 10, 2010. He said through the discussions there were certain things outlined that were going to be done and to this day, they were in park. He said he has spent twenty five (25) years in law enforcement and one of the things he has learned was you can have too many people with their fingers in the pie. He said inevitably it comes out, everyone was pointing fingers at each other and assuming the other person was doing something. He suggested one person be assigned the task, and the person be given the resources needed and the person be held responsible and accountable for nothing getting done. Ms. Powell said everything they outlined has been done. She said the survey was done as late as January 3rd and they met with the County. She said they sent a letter to the County Engineer concerning the brick wall as late as last week. She said they were again speaking with the County Engineer and were trying to get them to resolve it at the staff level. She said she had some Commissioners who wish to take it straight to the County Commission, and have asked to hang tight and let's get it done at CC 02- 2141/40 the staff level. She said unfortunately, half of the fence was in the County right -of -way and they would have to rely on them to determine what would be the fate of the wall. She said however, they have made it very clear that they want the wall repaired or replaced. She said now it's up to them to tell us whether or not they were going to make it happen before she unleashes the Commission on the County Commission. She reiterated everything that was outlined during that meeting has been done and as of last week, they had a conversation with the County Engineer about it. Mr. Weber inquired if they were working on a Plan B for when the County says they were not going to do anything. Ms. Powell responded saying yes and that she was unleashing the dogs. She said that was Plan B. Mr. Weber said in the meeting they had on October 12 they were going back to how they were strong armed into the Beautification Project and they received, what he considered a threat from the prior City Administrator, that it's our wall and we will come in and tear it down. He said those exact same words were used by Mr. Peters in the meeting of October 12 that it was the City's wall and the City can't afford to fix the wall or replace the wall, and they will not do it. He said he made the same comment that they will just tear the wall down and that would not be acceptable with how close the road was to their homes now. Ms. Powell said she didn't recall that being said and maybe he said that initially, but towards the end of the conversation that was not the tone of the meeting. She said during that discussion, she stated this would not be brought up in public and that was a conversation between a group of people trying to work things out. She said she was not real sure what the intent of that comment was but they have moved beyond that and have made it clear to the County that it's unacceptable. Mr. Weber said all the things the City Administrator says the City has done, and asked how come they were not informed of that. He said as far as he has been told, which has been nothing since October 12 he understands not much gets done in government between Thanksgiving and Christmas; but they were already in mid- February. Ms. Powell said the survey was completed before Christmas. Mr. Weber said he had a copy of that and the Engineering Study was completed before their meeting and the survey was done after the meeting. CC 02 -21 -11/41 Commission Sackett said the question seems to be was there a better way that they can educate the Barrington residents because they do not have a homeowners association. Mr. Weber said they come to them because they were the two (2) elected to represent the residents and they come to them wanting to know what's going on. Commissioner Sackett said short, of Mr. Weber coming to the Commission meetings, was there a way to inform them of what was going on. Ms. Powell responded in the affirmative. Commissioner Sackett said that's what they have to do. Mr. Weber said he would appreciate it and noted they have his cell phone number. Darrel Bartz, 115 Lake Gem Drive, said he was here back in 2000 when they did the expansion to Cory Fairbanks Mazda and noted a couple of Commissioners were on the Board and a couple of Commissioners met at the house. He distributed some information to the Cormission and noted it stated the speaker system would be turned off prior to the meeting they had and it would not be turned back on. He said the speakers were turned back on and he lives next door and he hears it all the time. He said they had done some tree trimming on their side and when they did that, they have spotlights that were shining right on his house. He said he had a beautiful pool in the backyard and noted Commissioner Sackett stopped by at night and had seen how bright it was. He said he went to Codes Enforcement and according to Codes Enforcement;. he received information from Ms. Bonnie Howington stating they cannot have speaker systems for car lots that the neighbors can hear and noted he can hear them. He said the same was for the lights and the lights were not to be protruding onto abutting property. He stated he had the original information dated the year 2000 and kept it. He said he spoke with Ms. Howington in Codes Enforcement and she had stopped by today and was going to stop by tomorrow night to look at it. He said he wanted to let them know and that something needed to be done. He said he spoke to the General Sales Manager, Mr. Willie Wright at Cory Fairbanks Mazda and he stated everything had to go to corporate. He said this was from the year 2000 and it means nothing to them because the new owners purchased it three (3) years ago. He said now he was stuck with bright lights and a speaker system that according to them, they would not turn on without his permission. He stated that he shares the wall with them and they were supposed to paint CC 02-21-11/42 the wall once a year. He said he never asked them to paint the wall, and he painted the wall himself and has not received a dime from them and was thinking about starting to make them do it because it was in their Agreement from eleven (11) years ago. He said it has been peaceful since the year 2000 when they went through the process. He noted he hasn't been here since and hasn't had a problem. But just recently it has gotten worse, especially on the weekends. He said Codes Enforcement was telling him today that on the weekends they were getting worse and were there all the time, but couldn't cover all the areas. • Mayor Maingot told Mr. Bartz they hear his concerns and the matter would be addressed by the City Administrator as of tomorrow. Commissioner Sackett then described the lighting and sound system issues at Mr. Bartz's residence. Judi Coad, 1695 Grange Circle, said that she was going to first speak on something she had spoken about at the first meeting in November at the request of the Mayor and Commission. She said they were to have meetings with the City Administrator, Mr. Peters, Commissioner Bundy, Mr. Weber, and herself to resolve their situations. She noted there had been one (1) meeting and there was no feedback to them. She said she wanted to first speak about her request that she came in here making, about the safety of going into the Markham Hills subdivision. She said she spoke about, and stated there were no lights in there and there were two (2) very small lights on the wing walls and two (2) lights buried under a tree in the back of the middle island. She said coming in, especially from Longwood Hills Road from the Rangeline Road side, you were totally blinded coming in there in the dark. She said she spoke with Ms. Debbie Renfro and suggested the two (2) lights in the back be unburied and one (1) light be moved to the very front of the island to shine up and can see where the island begins; and the other light be moved to the lower front in the front of the island to shine on the tree they wanted to see. She said they would still have the aesthetics, which she can appreciate. She said the City paid to have someone come in and move the lights out, and then described the rearrangements of the lighting and said the light was now worse because the light shines in the driver's eyes. She said it doesn't take someone too bright to go out there, as she had requested, from the City to just look at it at night to see what the situation was. She said unfortunately someone had to make the situation worse and someone had spent City funds in doing so. She said as for the Barrington situation, she has been involved with this for approximately seven (7) to eight (8) years now and it wasn't her choice to want to come and see everyone in this aspect. CC 02 -21 -11/43 She said Mr. Allen Weber did snake one mistake in his speech, and the meeting was held on November 10 and not in October. She said she will reiterate they have not had any follow- through or action and feels they had inaction. She stated the survey was done on the 3 of January, which she heard through the grapevine where they sit half -and -half. She said there has been no feedback to them, and Ms. Powell promised to them the maintenance fees they were being charged, and Ms. Powell was going to get back to her about the costs and where it was coming from. She said as of today, they have not heard that either. She said as a representative at a meeting they held with the neighborhood, several months ago, they did ask her and Mr. Weber to be representatives to them, and then bring the information back and try to hold a community meeting. She said since the holidays she has been bombarded by requests from her neighbors wanting to know where they stand and unfortunately, she has to take back to them that she has no information and was no further ahead then they were before. She said to Ms. Powell, in a year, only two (2) letters have been sent to the County by Mr. Peters. She said she had a copy of one (1) of the letters and she had not seen the other letter. She said they were about done and were laying down the sod and they have issues of trying to exit their subdivision and do not have good clearance to pull out. She said you were going to get blindsided and doesn't know what the status of that was going to be. She said she didn't choose to come here and do it in this manner, she was more than welcomed to do what was requested by her in November, but once again it seems this was not of importance to getting resolved. She said as the previous gentleman spoke about, they have a lot of safety issues going on there. She said personally twice in the last several weeks, due to the lack of.markings on the Lake Emma Road end, she made the mistake of leaving her subdivision at night and was driving on the wrong side of the road. She said it's just a mess and they've been dealing with it and unfortunately, their residents were paying a price tag on their real estate taxes for this. She said year after year, they deserve some kind of feedback or some kind of notation of what's going on and some kind of action being taken on behalf of them via the City. She said as to the City's responsibility, you would think they would know they own half of the wall. She thanked them and hoped they could get some things resolved. She said this was not their choice of how they would like to handle it, but almost four (4) months worth of waiting since their request, has been plenty of time for a decent response back. 7. MAYO AND COMMISSIONERS' ]REPORT. District #1. Mayor Maingot said approximately two (2) or three (3) Commission meetings ago, the question of TABOR came up before this Commission and the letter he wrote to Lieutenant Governor Jennifer CC 02 -21 -11/44 • Carroll. He said at this time, he had dropped the letter in regards to TABOR for adaptation and this was from the last Mayors and Managers Meeting, when TABOR again carne up. He noted it also came up at the Tri- County League of Cities. He asked that a copy of the draft be placed in the Commission's mailboxes, and said it has been modified and updated to what was actually happening with the Senate Bill. He said with the Commission's concurrence, he would like to send this to the Mayors and Managers of Seminole County and inquired if there were any comments or inputs, so he can therefore proceed and send this out as of tomorrow. The Commission reviewed the content of the letter and outlined the changes to be made in the letter. It was the concurrence of the Commission with Commissioner Durso absent to send the letter to the Mayors and Managers of Seminole County. Mayor Maingot said on February 8 he attended the Wekiva River System Management Committee and their focus was the review of signage placement, and design with the Florida Department of Transportation (FDOT) and finalizing a program aide in clean up of the Wekiva River System. He said on February 11 he attended the Seminole County Prayer Breakfast, and the featured speaker was Lieutenant Tommy Lehman from the Fire Department of St. Lucie County and noted he was very good. He said on February 11 the Investiture of the Honorable Frederic M. Schott, the County Court Judge of the 18 Judicial Circuit was held in the Auditorium of Lake Mary High School. He said on February 12 the City Administrator, Commissioner Sackett and he attended the Meet and Greet with Congressman John Mica, and that was held in Maitland. He said after being there an hour and a half, they determined what was going on and it was like mission impossible. He said they had some serious matters they wanted to discuss with him, but the setting was not conducive to any meaningful discussion and they decided to withdraw it. He said on February 15 the City hosted the Mayors and Managers Meeting and the one (10) cent sales surtax renewal and TABOR were discussed. He said on February 17 he attended the Tri - County League of Cities Luncheon that was held at the Embassy Suites in Altamonte Springs and again TABOR was the feature. He said on February 17 the League of Women Voters sponsored a forum at Seminole State College and the focus was Mass Transit in Your Future. He said MetroPlan Executive, Mr. Harry Barley and the new Chief Executive Officer (CEO) of Lynx, Mr. John Lewis, were the featured speakers. He said they outlined the following topics: future economic contribution of SunRail, jobs. Economic development associated with the Transit Oriented Development (TOD) activities, environmental benefits and congestion relief. He stated Mr. Lewis spoke at length about their commitment to provide seamless transportation to and from transit stations, and he was working with MetroPlan to develop all aspects of the SunRail support activity. He said on February 18 he attended Envision CC 02 -21 -11/45 Seminole and general fundraising activities were discussed. The activity which actually registered greatly to him was the Character Ivey Video Contest that will be prepared by nine (9) high schools and would be shown to 170 high school students attending a conference in April. He said the top productions would feature drugs and alcohol, body image, depression, stress and dating relationships. He said there was a Seminole County Economic Development Planning Task Force that was currently at work and there were twenty -six (26) members on the Task Force from a wide range of companies and no elected officials have been included for a specific reason expressed to them and at the appropriate time, they would come back to them with their recommendations. He said on February 1 8th, he attended the State of the County and it was an excellent presentation by the Seminole County Government Chair Brenda Carey. District #2. Absent. District #3. Deputy Mayor Cortes said at this moment, we know what happened with the High Speed Rail Project with the recent decision made by Governor Rick Scott. He said he has Resolution No. 11 -04 from MetroPlan Orlando, and he has discussed this with the Administrator and Mr. Harry Barley with MetroPlan Orlando and they have a deadline of February 25 He said some of the things that were mentioned throughout the County and cities were that it recommended the cities create a resolution supporting the High Speed Rail Project and authorize the Mayor to sign it and see if they can get it before February 25 He said obviously they were not going to know what's going to happen with the High Speed Rail Project, Congressman John Mica and Governor Rick Scott. He said he would like to see if they can put forward some sort of resolution that was similar to Resolution No. 11 -04 from MetroPlan Orlando and said he could have the Administrator supply everyone with the information. He said at least to have our say with the High Speed Rail Project, and how it affects our community and possibly would affect SunRail too. He said SunRail was important to the City and thinks the City should put forward something from the City's end and seeks concurrence from his fellow Commissioners. Mayor Maingot said providing the Commission with copies from MetroPlan Orlando and requests the Administrator to prepare the resolution. The Commission would each be invited to come in and to review the resolution with her and would make himself more than available to sign it. Discussion was held whether or not the Commission could get the resolution done before the deadline of February 25 Deputy Mayor Cortes moved to come forward with a resolution in support of High Speed Rail, and authorize the Mayor to sign it and CC 02 -21 -11/46 to get it out to the appropriate people as soon as possible. Seconded by Commissioner Bundy. Discussion was held with regards to bringing the matter up during Item 8, Any Additions or Deletions to the Agenda. Deputy Mayor Cortes withdrew his motion and the second was withdrawn by Commissioner Bundy. Deputy Mayor Cortes said he wanted staff to look into this and bring something forward as an agenda item to create a senior center for daily activities in Longwood. He suggested finding a sponsorship for the community program and to start with something small. He stated he was sure it would be very successful in the City and asked the Administrator to bring something forward in the future. Deputy Mayor Cortes said he was looking to possibly bringing this forward as an agenda item and stated the Heroes Memorial was to recognize the heroes not only in our community, but in the world who fight for our freedom. He said he was looking into the possibility of creating a plaque in recognition of the 65 Infantry of the United States Army. He said they were called the borinqueneers, and started in 1898 and fought in World War I, World War II and the Korean War. He said some of the Members of the 65 Infantry were still alive and live in Central Florida. He said he was going to ask the Administrator to look into some type of memorial in the Heroes Memorial and see if the Commission would be in agreement with that. Deputy Mayor Cortes said he just returned from Washington, D.C. with a lot of information about redistricting and other items of concern within our community. He said those were things he learned from this trip and that they all needed to know about it and he would be bringing it forward at the next Commission meeting. Ms. Powell requested for a consensus of the Commission to research the senior center, and the plaque for the Heroes Memorial Park and to bring the information back to the Commission. District #4. Commissioner Bundy said he didn'tfind out until the last minute and didn't send any information out to the Commission, but those of you who have been around for a long time might remember Mr. Karl Berg. He said he was the longtime President ofthe Tourist Club, which was instrumental in getting the Ed Myers Community Building built and erected. He stated Mr. Berg had passed away on February 4 and he • didn't find out about it until the morning of the 18 because Mrs. Dottie • Berg had called letting him know there was going to be a Memorial Service that afternoon. He said those of you who knew Mr. and Mrs. Berg know they are fine people, who received the Key to the City Award. He CC 02 -21 -11/47 asked for everyone to send their condolences and thoughts to Mrs. Berg. He stated they were married for fifty -two (52) years. Mayor Maingot suggested putting together a proclamation and to present it to Mrs. Berg. Commissioner Bundy moved to have the City Administrator prepare a proclamation acknowledging Mr. Berg's service and contributions to the community. Seconded by Deputy Mayor Cortes and carried by a unanimous voice vote with Commissioner Durso absent. Commissioner Bundy said he wanted to make a general comment for the whole construction of Lake Emma Road to include Rangeline Road, Longwood Hills Road and E.E. Williamson. He said he has driven up and down Lake Emma Road and the confusion Ms. Judi Coad brought forth was not just in Longwood it was up and down the entire road. He said that has probably been one of the worse projects he has ever seen when it comes to signage and safety. He said when you have lane shifts; there were no arrows, no signage except for a couple of keep -right signs or simple arrows. He said they have cut sections of the roadway out, and put steel planks over it and he thought he was going to total his truck a couple of times when he went over them, especially at night. He said this was something normally you see contractors that are doing the road projects take over a project; they assume all responsibility and liability for the safety. He said he didn't know if they wanted to take a gamble that nothing would happen, but that seems to be the kind of attitude they have taken and it has transferred to their lack of response and have had multiple meetings out there on the site and conversations with them. He said ultimately, they will have to be held responsible for this and needed to move as quickly as possible to get some resolution. He said as to what was stated earlier, they were going to finish the project, going to get it signed -off, and will go away and then the City ends up in litigation and they don't want that. Mayor Maingot said as late as last week, Mr. Peters had a meeting on site with the Deputy County Engineer, and as a matter of safety, you have to go over two (2) lanes of traffic to get into the Golden Groves subdivision and into the daycare center. He said when he spoke to the particular individual, they said to him that they don't have any evidence of it being such a safety factor and he responded to the individual, do you have to see a body lying on the ground or having to extract someone from a crash before they agree something needed to be done. He said that he's painfully aware as it relates to Barrington since it impacts his subdivision. He said it's pretty sad and pleaded to get the light operational. Deputy Mayor Cortes said tomorrow was the. CTST Meeting and he suggested that whomever was the City's representative and recommended CC 02- 2141/48 bringing the matter of the whole intersection to include Rangeline Road and Longwood Hills Road forward, as a Problems and Solutions to the CTST Team. He also suggested having the Roadway Assessment Safety Team (RAST) to come out and do a roadway assessment on Longwood Hills Road, Lake Emma Road and Rangeline Road. He said they can put it on record at the CTST Meeting, and asked the Police Chief to bring the matter forward. Commissioner Bundy said hopefully in any of the City's road projects that the City may have in the future, they consider this company, and look at them long and hard before entering into a contract. He said it's been horrendous to deal with and it may not be time to step -up the battle yet. He said it was rapidly approaching and he has had a couple of conversations with County Commissioner Carlton Henley, who represents our District, in very general terms on the matter. It would not be catching g him unaware of the issue. He said he would reiterate what, was Commissioner Sackett had said earlier, about figuring out a way to keep the residents in Barrington in the loop on the matter in a real timely fashion and as well as himself. He said when meetings are held, he would like to know about the meetings and get a synopsis of those meetings since it was in his District. He said he did not want to see us get caught at the end of it and the contractor walking away and then have to go into litigation on the matter. Commissioner Bundy discussed the Senate and House versions on TABOR and said it was an important issue. He described several different issues before the Legislature, and said these were important issues and encouraged everyone to keep a close eye on the issues. District #5. Commissioner Sackett said baseball was going to be held on March 5 There will be 800 players this year and there were waiting lists. He said he has been watching the Commission's Reports, and stated on the one (1 ¢) cent sales tax, as of today, the City had not collected any money. He said it stated the City would be preparing a list of projects and inquired when the Commission would be seeing the list of projects. Ms. Powell said they were in the process of putting the list together and then she will forward it to the County, once they have listed all the projects. Commissioner Sackett asked if the Commission could see the listing before it went to the County. Ms. Powell responded in the affirmative. Commissioner Sackett said in the January meeting, it was stated that the Commission would see road contracts and inquired when the Commission would see them. CC 02 -21 -11/49 Ms. Powell said it would be brought forward at the March meeting. Commissioner Sackett asked if the Commission would see it at the next meeting. Ms. Powell responded in the affirmative. Commissioner Sackett inquired about the status of the Stormwater Master Plan and said he would like to see something reported at the next meeting since Mr. Peters was not at the meeting. Ms. Powell said she had that information was in tonight's City Administrator's. Report. ,Commissioner, Sackett reviewed the costs for the City Attorneys and said those were good numbers. He said on Thursday, he was going to meet with his contact with the Pic'n Save and will provide an update at the meeting at what was going on. He said Relay for Life will be held in August and located in Longwood. He inquired if Codes Enforcement worked on the weekends and said he sees a lot of things happening on weekends that people were sneaking in. Ms. Powell responded in the affirmative. Commissioner Sackett said they needed to be more in tune with what was going on with State Road 434. He noted on Grant Street and State Road 434, it has a- severe dip in it; and the matter needs to be addressed. He said he was able to talk with Congressman Mica at his meeting and encouraged the City to talk with Altamonte Springs to look at their busing system. Commissioner Sackett inquired about the maintenance fees that the Barrington subdivision pays. Commissioner.Bundy said the maintenance fees were paid in the rears and they would look into the matter for next year. 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA, Commissioner Sackett moved to support MetroPlan Orlando's Resolution No. 11 -04 as addressed by Deputy Mayor Cortes earlier and support it as much as they can by endorsing it. Seconded by Deputy Mayor Cortes. Mr. Langley read the resolution by title only. Discussion was held regarding the language to be incorporated into the . resolution. CC 02 -21 -11/50 Ms. Mirus said the Resolution No. was 11 -1269. Motion carried by a unanimous roll call vote with Commissioner Durso absent. 9. CONSENT AGENDA. A. Approve Minutes of the January 17 2011 Regular Meeting, Bo Approval of the February 2011 Expenditures. C. Approvafl of the Monthly Financial eport for January 2011. D. Approvall of an I[nnterlocall Agree un ent between the City of Longwood and the Orlando Utilities Commmmission (OUC), E. Approval of IIesollution No. 111- 11268 supporting the One -Cent Sales Surtax Renewal. Mayor Maingot said Item 9 E was being pulled from the Consent Agenda. Commissioner Sackett moved to approve Consent Agenda Items A, B, C and D. Seconded by Deputy Mayor Cortes. Discussion was held regarding as to why Item 9 E was being pulled from the Consent Agenda. Motion carried by a unanimous roll call vote with Commissioner Durso absent. 10. PUBLIC HEARINGS. A. Read by title only, set March 7, 2011 as the second public hearing date, and approve first reading of Ordinance No. )11- 1956, which an ends the Longwood Development Code. Mr. Langley announced having proof of publication for this and Public Hearings listed on the Agenda. He then read Ordinance No. 11 -1956 by title only. Mayor Maingot opened the public hearing. No one spoke in favor of the Ordinance. The following spoke in opposition to the Ordinance: Devakaur Khalsa, 1610 Crescent Road, said that she was a doctor of oriental medicine and has her Master's Degree in Acupuncture and Herbalism. She said they were about to open a studio in Longwood and felt that she had done her due diligence. She said she had checked with the City before she sent in her application, CC 02 -21 -11/51 and spoke with Mr. Chris Kintner. She stated she still had the electronic mail from Mr. Kintner that gave her the go ahead and said it would be licensable. She said there was a licensed massage establishment before hers and stated she did not have a criminal record or any traffic violations. She said she was speaking against the Ordinance because they have put about $5,000 into beautifying the building and making the repairs. She stated they passed the health inspection and the last thing they needed to do was to get the license and they refused them. She said they forwarded the electronic mail from Mr. Kintner to the Supervisor and she never called her back. She said this occurred on Thursday, and they went in to see her on Friday and she would not speak to them. She said they stated they would speak to the Attorney and call them back. She said as of today, no one has called her back on the matter. She said she respectfully asked that someone would communicate with them and not keep their lives on hold. She stated they needed to move forward, and they were going to open this week and they needed to generate income because their entire household was dependent on the business. She said she did not have the impression that people were taking them seriously and she was not getting any communication. She said she has spoken with her lawyer and he feels she has a solid case to recover the money that they have put into the business already. She said as far as the rest of it, she does not know if she has a legal basis for the rest of the money in order to get the business opened. Mayor Maingot thanked her for bringing the matter to their attention and stated they hear her concern. Mayor Maingot inquired about the business address. Ms. Khalsa said the business address was 420 West State Road 434. She stated she also brought a character reference and her neighbor were both present. Mayor Maingot asked about the name of the business. Ms. Khalsa stated the name of the business was Massage City. Commissioner Bundy asked Ms. Khalsa if she had as specific objection to the Ordinance. Ms. Khalsa responded in the negative and said she was not educated on this Ordinance. She said they would just like to open their business. Mayor Maingot asked Ms. Khalsa if she had read the Ordinance. Ms. Khalsa responded in the negative. CC 02 -2 -11/52 PAggy Mita, owner of 420 West State Road 434, said she was the landlord for that building. She said she had an establishment there since 2006, and they have not had any problems there and they pay their taxes. She said when they remodeled and wanted to reopen in their name, they were refused at City level. She said they aren't familiar with the Ordinance and neither was she. She said their concern was being turned down without anyone asking any questions about what their difference was and how they were going to proceed. Commissioner Sackett moved to close the public hearing. Seconded by Deputy Mayor Cortes and carried by a unanimous voice vote with Commissioner Durso absent. Commissioner Bundy asked Ms. Bower if she was aware of this particular situation and asked for an explanation on the matter. He said he's assuming the license denial was based on the Ordinance being passed. Ms. Bower responded in the affirmative. She said Mr. Kintner stated that when he spoke to them they were subject to the zoning in progress and to any rules that came from the Development Code changes. Mayor Maingot asked if Mr. Kintner indicated to them that it was not a denial per say. Ms. Bower responded in the affirmative. Ms. Powell stated that it was her understanding of the Ordinance that it was not as tough as a regulatory situation for massage therapy establishments that have licensed professionals providing a medical use. She said this was more along the, lines of restricting the entertainment type massage. Ms. Bower responded in the affirmative. She said licensed acupuncturists or herbal medicine would still be able to do business, she said the only stipulation was they have to operate during the hours of 7:00 a.m. and 8:00,p.m. Deputy Mayor Cortes said pending the outcome of this Ordinance; it would affect their ability to operate. Ms. Bower said they would be subject to the Code that the Commission adopts. She stated if her establishment meets the requirements of the Code, she then described all the requirements and stated she would be allowed to open. She stated they contacted Mr. Kintner in January, and they spoke by telephone and CC 02 -21 -11/53 • confirmed by electronic mail and at that time, they had not begun writing this Ordinance. She said they did not get any more details and it was a permitted use at that time the information was requested. Discussion ensued regarding the operation of the business being proposed by Ms. Khalsa. Commissioner Bundy said this was the first reading and public hearing, and stated it would come forward at the next Commission meeting and does not anticipate these standards changing very much on this particular item and has discussed this with staff. He said it addressed their concerns on this, and suggested the applicant make an appointment with staff in the Community Development Department and discuss it with them a little more in depth. He said if what was originally being proposed would not be allowed under this Ordinance, they will give some suggestions on how to do it. He noted there was no provision in the Ordinance that grandfathered any of these businesses in, and she would be subjected to the rules and regulations. He asked that Ms. Bower confirm that information. Ms. Bower stated it was not the intent of the Ordinance to retroactively apply this to existing businesses. Discussion ensued regarding the hours of operation being applicable to the businesses that were in existence today, and researching the matter providing the information to the Commission at their next meeting. Commissioner Bundy said on this matter, he would like to see some restrictions as it relates to the content on the signage. Ms. Bower said as far as signage, they have been very careful to not get into the whole content issue and expressed concern on how it would be regulated. Commissioner Bundy moved to approve the Agenda Item as submitted. Seconded Commissioner Sackett. Commissioner Sackett inquired about the requirements for dumpsters and chain link fencing. Ms. Bowers outlined the changes for dumpsters and said they clarified the language because it was a little confusing the way it was written as to where it was allowed. She said it was never allowed in the front yards of anyplace and they took the language out so it was clear. CC 02 -21 -11/54 Discussion was held regarding the term "attention getting devices" and the term being used in many sign ordinances. Discussion was held regarding the current Temporary Sign Ordinance and the continuation of requests being made for waivers. The Commission outlined the changes they would like to see brought forward by staff and incorporated into the Temporary Sign Ordinance. Motion carried by a unanimous roll call vote with Commissioner Durso absent. B. ':ead by title only, the first reading and transmittal hearing for Ordinance No. 114955, amending the City's Comprehensive Plan related to land-use and troll sportation strategies to support and fund mobility. Mr. Langley read Ordinance No. 11 -1955 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Sackett moved to close the public hearing. Seconded by Deputy Mayor Cortes and carried by a unanimous voice vote with Commissioner Durso absent. Commissioner. Bundy moved to approve Ordinance No. 11- 1955 as presented. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote with Commissioner Durso absent. 11. REGULAR BUSINESS. A. A request for additional funding for an approved Historic District Matching Grant Application from Mr. Ron McElmurry for 228 West Warren Avenue. Commissioner Bundy moved to approve the request for additional matching grant funds as presented. Seconded by Commissioner Sackett and carried by a unanimous roll call vote with Commissioner Durso absent. B. A Temporary Sign Waiver Request from Mr. Dave Mickelson of American Village Academy located at 905 Longwood Hills Road. Conunissioner Bundy moved to deny the waiver without prejudice and to allow Mr. Mickelson that once they approve the new Ordinance, then he would be allowed to CC 02 -21 -11/55 come back under that Ordinance. Seconded by Commissioner Sackett and carried by a unanimous roll call vote with Commissioner Durso absent. 12. CITY ADMINISTRATOR'S REPORT. Ms. Powell said effective this past Friday at 5:00 p.m.., Lieutenant Paul Ross was appointed as the Interim Fire Chief. She said Mr. Ross brings to the position over seventeen (17) years of experience with the Longwood Fire. Department and has served in capacities of leadership such as Engineer, Paramedic and Lieutenant. She said he recently held the Vice President position with the Fire Union and performed Fire Inspections from July 2009 to December 2009 while the Fire Marshall was attending the Police Academy. She stated Mr. Ross has been a Longwood resident for most of his life, and attended Longwood Elementary and Lyman High School. She said he was currently a City resident, and she will now go through the process of hiring a new Fire Chief and respectfully asked the Commission to approve the appointment. Commissioner Bundy moved to approve the appointment of Paul Ross as the Acting Fire Chief. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote with Commissioner Durso absent. Ms. Powell said at the last meeting, she shared with the Commission the revenue sharing for the recycling in January was $5,146.16, and this was revenue not budgeted or anticipated. She asked the Commission to think about the idea of having staff set aside this money for marketing, as the City does not have a budget for marketing and one of the issues that was brought up by staff at the retreat was a lack of marketing for the City. She stated they would particularly like to use the money to welcome new businesses with a welcome packet, ribbon cuttings, possible assistance with Chamber dues, etc. She inquired if this was something the Commission will allow staff to pursue. Mayor Maingot said he thought it was a good idea. Commissioner Bundy said it was something they have tried to achieve an overall marketing plan for not only parks and recreation, but for the City. He said he would much rather approve the money for that rather than trying to come up with the money for a marketing plan or some other revenue source. Commissioner Sackett said not as of yet. He said he does not see it as a petty cash fund that the City can elaborate upon, and would like to see the plan as to what would be entailed and the costs. Commissioner Bundy said those were some of the things that she was going to comeback to the Commission with the overall marketing plan. CC 02 -21 -11/56 Ms. Powell responded in the affirmative. It was the concurrence of the Commission to have the information brought back to them. Ms. Powell said "We are Longwood and We are Here for You!" meetings were in full swing with two (2) scheduled for the first week in March and several others throughout the month of March. She stated they have other groups calling and requesting staff to come out and speak with them. Ms. Powell said she stated at the last meeting, staff approached MetroPlan about helping to fund a Bike /Pedestrian Master Plan and they have been told that MetroPlan can fund at least $100,000 of the $120,000 needed for the Plan. She said now that staff has established a positive relationship with MetroPlan and the Florida Department of Transportation (FDOT), they hope this was the beginning for the City to be able to tap into the money out there for some future projects. Ms. Powell said the blinking light issue at the intersection of Devonshire Lane and Rangeline Road would be taken to the Community Traffic Safety Team (CTST) at their next meeting, which was tomorrow morning to be placed on their agenda. Mayor Maingot asked that the results be sent by electronic mail. Ms. Powell reported the. Public Works Facility block work was scheduled to be completed this week, and all steel framing should be completed by next week. She said the interior framing would begin upon completion of block and steel work. Ms. Powell stated the mapping of the Stormwater Master Plan was completed and the modeling was underway. She stated they plan to start the public input meetings in May and would keep the Commission informed as to when those meetings would be held. • Ms. Powell said all grading, sub -base, lime rock, concrete and drainage work was completed on Oak, Ridge and Talmo. She said sod was scheduled to be installed on Wednesday ,of this week and the asphalt work should begin very soon. Ms. Powell stated Chief Hickson had partnered with Fish and Wildlife Commission in hosting a hunter /gun safety education course for all ages at the Longwood Police Department and to visit the City's website for dates, times and registration. Ms. Powell said the Police Department staff developed a Crime Prevention through Environmental Design (CPTED) brochure that sites guidelines for businesses and neighborhoods. She said the brochure would CC 02 -21 -11/57 • be provided to Community Development Department as a resource for new development. She stated complimentary CPTED reviews were available for any business or residence within Longwood and to contact the Police Department. Ms. Powell said the Citizens on Patrol (COP) vehicle was completed with graphics and emergency lights. She stated the academy training curriculum was under review and the COP course would begin very soon. She said if the Commission knew of anyone who would be interested to contact Chief Hickson. Ms. Powell said Chief Hickson came up with a flyer that would notify the parents of teenage drivers who receive tickets and it would mail to the parents. She then distributed the flyer to the Commission for their information. Commissioner Bundy inquired about the status of the strategic planning session for the Commission. Ms. Powell said it takes a special person to come, and guide us all because she has to look at the whole group and this would include not only the Commission but staff. She said there was a couple that would work out but it was a matter of the dollars. Deputy Mayor Cortes noted in this week's La Prensa newspaper there was an article that he wrote that featured the Public Works Facility. 13. CITY ATTORNEY'S REPORT. No report. 14. CITY CLERK'S REPO II, T. No report. 15. - ADJOURN. Mayor Maingot adjourned the meeting at f% Il. 77: Sarah M, Mirus, MLA, City Clerk CC 02 -21 -11/58