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CCMtg03-21-11Min LONGWOOD CITY COMMISSION [Longwood City CommllSSIlOnll Chambers 1.75 West Warren Avenue [Longwood, Florida MINUTES MARCH 211 201111 7000 P.M. Present: Mayor John C. Maingot Deputy= Mayor I., ob Cortes Co Doe Durso ` o 1111! nnissioner ><<ILcGo "Butch Bundy Commissioner Brian Sackett Dan Langley, City Attorney Kurt Ardaman, City Attorney Katrina Powell, City Administrator Sarah Me Mirus, (Cit y Clerk Trroy Hickson, Police Chief Fran Melli, Director of Leisure Services Patrice C. Murphy, Assistant to City Administrator Michelle Longo, Executive Assistant to City Administrator John Peters, Director of Public Works/ City Engineer 1. CALL TO ORLDE': Mayor Maingot called the meeting to order at 7:02 p.m. 20 A moment of SILENT MEDITATION was followed by the PLEDGE DGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Se Ms. Mirus read the following announcement: A. Free Seminar: The Power of Collor- Using it in Interior Design Seminar with a Digital Camera will be held on Wednesday, March 23, 2011 beginning at 10:00 a.m., Longwood Community I:, uiiding, 200 West Warren Avenue. 4, RECOGNITIONS/PROCLAMATIONS, None. 5. BOARD APPOINTMENTS. A. Appointment of a Citizen Representative to the Metro Plan Orlando, Citizens Advisory Committees The Commission deferred the nomination to the next Commission meeting. CC 03 -21- 11/75 6. PUBL ]IC IN Ms. PUT. A. Presentations. Ms. Kathy Salerno, Outreach and Education Coordinator, Office of Externall Affairs for the Florida Department of Financial Services, Chief Financial Officer, Jeff Atwater. Kathy Salerno, 400 West Robinson Street, Suite N -401, Orlando, . thanked the Commission for placing her on the Agenda and she introduced herself to the Commission. She briefly outlined the responsibilities of the Chief Financial Officer (CFO) for the State of Florida and her role in Orlando and Seminole County. She then answered questions from the City Commission. B. Public Participation. Judi Coad, 1695 Grange Circle, said she was here once again in reference to the Barrington subdivision front entrance. She distributed to the Commission a packet of information that included copies of the three (3) letters over a year's time that had gone out from the City to Seminole County in reference to the disaster that was going down on Lake Emma Road, and the destruction of the front entrance and wall. She said when she was at the Commission Meeting on February 1 they were told a letter had just gone out and that was the January 7, 2011 letter. She said she had a telephone call the next day from Mr. Peters stating he was working with Deputy Mayor Cortes to readdress the letter and the letter went out on March 17 She stated that she has to be honest and was not getting feedback from City Administration without her pushing for the information with the exception of this Meeting. She stated she was told earlier by Mr. Peters, there would be a walk through and she would be able to attend once the road was completed. She said Seminole County, the construction company and the City would be attending the meeting. She said a year has past, and they were aware of all the hassles that they had and the safety issues. She said the Commission had asked her, Mr. Allen Webber and Commissioner Bundy to meet with Ms. Powell and Mr. Peters and they had that meeting in November. She said the only thing that she was aware of that got fulfilled was the survey was completed. She stated neither she nor Mr. Webber received any contact and feedback, she stated they must initiate it all. She stated that she did not understand why the City was allowing this to slide, and she was very concerned about what's going to happen with the total completion and nothing was in writing between the City and the County. She then discussed the maintenance issues, and the maintenance fees they were being charged and the information that was to be provided by the City Administrator and had not been received. She stated this had gone on way to long and suggested the City take a real hard look at their help. CC 03 -21 -11/76 70 MAYOR AND COMMISSIONERS' REPORT. POR ll District #3 Deputy Mayor Cortes said last year, they had addressed with • the Police Chief the empty lot located on Oak and it was a multi- family that was being built. He inquired to the City Administrator about the maintenance, and said the grass was getting high and a neighbor recently contacted him on the matter. Ms. Powell said that she would address the matter and it was a foreclosure. Deputy Mayor Cortes asked for some contact to be made because it was an eyesore and noted Codes Enforcement was addressing the matter. He said the Administrator noted under her Report that she visited a few homeowners' association meetings and asked if she could provide any feedback to the Commission. He said he understands the Car Show with the Explorers was going to be cancelled this year and spoke with Ms. Meli about getting some shows to Longwood. He listed some sponsors and said that he would be meeting with Ms. Meli next week to get something here. He noted that he would be going to Tallahassee in the morning and asked the Commission for any suggestions to take with him. Mayor Maingot said to tell the Speaker of the House of Representatives, Dean Cannon they were counting on him to deliver. Deputy Mayor Cortes said he would be seeing him tomorrow and Senator David Simmons. He noted that he would be attending the Transportation Committee at 1:15 p.m. District #4. Commissioner Bundy stated the City was allowed to issue two (2) fire permits as allowed by Florida Statutes and the City only received about eighty ($80) dollars from those two (2) permits. He then described the personnel that was required to go out and make sure those businesses were in compliance. He noted the City and a staff member had been previously sued and.asked for a consensus of the Commission to bring an ordinance forward to eliminate temporary firework stands. He said the eighty ($80) dollars in revenue was not worth the aggravation. The Commission discussed the matter in detail and addressed all concerns regarding the stores within Longwood selling fireworks. C.onunissioner Bundy moved to have staff bring forth an ordinance to eliminate Temporary Use Permits for fireworks sales. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. Commissioner Bundy said he had some discussions with Ms. Judi Coad and Mr. Peters on the Lake Emma Road Project. He noted the Project was winding down and described the tones of letters sent by Mr. Peters to CC 03 -21 -11/77 • Seminole County. He suggested sending one (1) more letter from staff to the County that was a little more forceful unless there was a response from the County that he was not aware of. Mr. Peters said he spoke to the County last week and they were under the situation where the contractor was operating under liquidating damages until they were substantially completed. He said that was the paving of the road and they do not want to insert themselves in the process now because that would damage their ability to obtain the liquidated damages. He said they asked him to wait until the paving was completed, and they would schedule a walk through on a number of issues that have been brought up and listed all of the items. He said there were a number of issues that he has met with them throughout the Project and discussed in detail the issues. He said they agreed, the final walk through would be before doing the final punch list with the contractor and that was the plan. He said he has met with them on a number of issues and earlier it was insinuated that they haven't done much and noted there had been many meetings on this Project. He agreed they were down to the end, but that's when their holding the retainage on the contractor, and that's what it's there for to make sure these things get corrected. He said the wall was a different situation and had nothing to do with the contractor. He noted that was between the City and the County. • Mayor Maingot asked that a letter be sent to the County and detail in the letter what he just conveyed to the Commission. Mr. Peters responded in the affirmative. Discussion ensued regarding content of the letter that Mr. Peters had sent to the County on March 17, 2011 regarding the Lake Emma Road Widening Project. Commissioner Bundy noted that he would like to attend the walk through when it was scheduled for the Barrington subdivision. Mayor Maingot said he would like to attend the walk through when it was scheduled for the Longwood Groves subdivision. District #5. Commissioner Sackett said he had a conversation regarding the empty building that was called Pic'n Save and said it's was his understanding there was no conversations going on due to what's going on in Tallahassee with SunRail and businesses were a little hesitant and shy to do things. He said he asked Mr. Steve Moreira to touch base with Fifth Third Bank and to ask for an update. He stated Mr. Moreira said he would do this sometime this week. He said Mr. Moreira said its been kind of left alone with nothing really occurring. CC 03 -21- 11/8 Commissioner Sackett said he met yesterday with the builder who was going to do the build -out for Winn Dixie and he stated it was going to be a very exciting, but difficult project due to building going on while the store was opened. He said they were going to put in five million dollars ($5,000,000) into the redevelopment of the Winn Dixie, and it may be a little hectic at times and they needed to discuss this with staff to make sure it runs smoothly. He said it was his understanding they were on track to start in April. He said he would like for them to do a presentation to the Commission because people were going to inquire about it. Commissioner Sackett congratulated the Fire Department for dealing with the recent fire in the Highland Hills subdivision. He said it was one of their school families and it was a 5 grader whom he taught. He said they did a wonderful job, and said the Dad was burned pretty badly and it all dealt from a candle in a room. He said the children were fine and were relocated. He said the family sent their compliments on how things were dealt with and he extends that as well. Commissioner Sackett inquired about the status of the Stormwater Master Plan. Ms. Powell said they were in possession of all the mapping including drainage inventory and would have the City's drainage inventory in a single document. She said modeling was underway and they plan to have public input beginning in the middle of May. She said they would be going out to the neighborhoods that have been designated as areas of concern. Commissioner Sackett asked with the mapping being done was there anything that could be placed on the website, so people could preview it ahead of time. Ms. Powell said she would see because they don't put the information out until it was completed. She stated they would come up with the final document once they have public input and they would come up with their list of projects. Commissioner Sacket inquired about the one (1 0) cent sale tax. He said as of today, we have $40,000 of the $530,000 collected. He understands that we receive things in the rears and asked how much money the City collected last year. Ms. Powell said the City received most of it.. Commissioner Sackett inquired a bout the mound of dirt at Reiter Park and asked if the grass was being purchased and installed before the end of April. He asked where the grass was coming from and out of what budget was it being purchased. CC 03 -21 -11/79 Ms. Powell stated it was going to come out of the Public Works Budget and it was always planned to come out of the Public Works Budget. Commissioner Sackett inquired if the grass was permanent. Ms. Powell responded in the negative and said it was not the permanent grass. She said the grass was there to keep the dirt from eroding and once completed, they would have better grass. She said the grass they were getting was Bahia and it comes in rolls. She stated the grass would be rolled out in time for the Easter Egg Hunt and it would hold the dirt. She stated equipment would be used to install the grass and not staff. Commissioner Sackett said at their last Meeting, there was the massage and medical store located in the green building on State Road 434 and the owner would like to meet with him and Ms. Bower to discuss signage on the building. He inquired if Ms. Bower would be available to meet with them tomorrow. Ms. Powell said she would look to see if Ms. Bower would be available to meet tomorrow at 9:00 a.m. Commissioner Sackett said he met with Ms. Powell last week and at that time on Wednesday, the gentleman located on Chelsea Road was told that a blind curve sign would be installed. He said the gentleman was here and discussed chopping down his hedge. He said Ms. Powell told him that the sign would be going up that day relative to a blind curve and the sign was still not up. He said he saw the gentleman today and the gentleman stated he has not received any contact from City staff as to what was going on. He said he feels out of the loop and would rather have a sign than to chop down his hedge. Ms. Powell stated they would get right on it. Commissioner Sackett said it's been a difficult week, and he met with the. City Adlninistrator and he mentioned it at the last Meeting, that he said, she said and the feeling of not having confidence in what's going on. He said it's a motion he feels he needs to make and see's some communication issues. Commissioner Sackett moved to seek the resignation of our City Administrator's effective this Wednesday. ,Seconded by Commissioner Bundy. Discussion was held in regards to the motion, if the motion was related to any parts of the City Charter, and Ms. Powell's severance pay pursuant to her contract. CC 03- 21 -11 /80 Each Commissioner expressed their concerns with the City Administrator's performance, lack of confidence, trust, how things were not getting done and not being communicated to the Commission. Mayor Maingot stated the Commission needed to think very seriously about the motion and expressed his approval with the City Administrator and then provided specific examples. Commissioner Bundy continued to express his concerns with the City Administrator, Ms. Powell. Ms. Powell addressed the specific platters that were brought forward by the City Commission and asked the Commission to reconsider. Motion carried by a four -to -one (4 -1) roll call vote with Mayor Maingot voting nay. District `L Mayor Maingot said on March 14th at 9:30 a.m., he attended a meeting hosted by Congressman John Mica, and Congresswoman Corrine Brown and other officials from Washington, D.C. regarding transportation and infrastructure forum. He said they gave an overview and made their recommendations for future Federal expenditures relative to transportation needs. He said on March 14 at 11:30 a.m., he had a television interview at Trinity Broadcasting and discussed Longwood's Historic District and Transit Oriented Development (TOD). He said he discussed the potential economic development being planned in and around the Heritage Village, the Historic District and the Community Redevelopment Agency (CIA). He said on March 17 he attended the Tri- County League Luncheon that was held at the Amway Center and a Legislative Update was provided by the President of the Florida League of Cities, Ms. Joy Cooper. He said he was very impressed with her communication to the audience. He said on March 17 he attended the Inaugural Ceremony of Connolly's Pub on St. Patrick's Day. He said on March 18th, he attended Envision Seminole. He said on the evening of March 18 he had his first meeting with the City Attorney and City Administrator. He said they covered a lot of items and noted progress was made. He stated the next meeting was scheduled for April 1 st. District #2. Commissioner Durso inquired about the Job Order Contracting (JOC) that was supposed to be brought forward at the March 7th Meeting regarding the paving of some roads. He inquired about the General Fund in the City's budget and commended staff for having Expenditures that were well below the. forty -two (42 %) percent of the year. He said the fiscal restraint was being appreciated by the Department Heads. He said he would like to ask about the Revenues and where they were on a few line items and listed them. CC 03 -21 -11/81 • Ms. Powell addressed the specific line items that were provided by Commissioner Durso. Discussion was held in regards to the issues with the JOC for the unpaved roads. Commissioner Durso expressed his concern regarding the timeline for the six (6) unpaved roads to be completed. Discussion ensued regarding the issues with the JOC for the unpaved roads and the bidding process for the unpaved roads. Mayor Maingot asked Mr. Peters to provide the Commission with an update relative to the six (6) unpaved roads and to expedite the bidding process. S. ANY ADDITIONS OR DELETIONS TO THE AGENDA. None. 9. CONSENT AGENDA. A. Approve Minnntes of the February 7, 20111 Regular Meeting. B. Approval of the March 20111 Expenditures. C. Approval of the Monthly Financial Report for February 201111. D. Approval of Resolution No. 114271; Supporting Police and Firefighter Pension Reform. Commissioner Durso moved to approve the Consent Agenda. Seconded by Commissioner Sackett. Discussion with held regarding Item 9 D. Motion carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. Read by title only and adopt Ordinance No. 114957, a request by Orange Crown Transit Partners, LLC to vacate and abandon a portion of North Oleander Street North of Orange Aventine. Ms. Mirus said in regards to Items 10 A, 10 B and 10 C The Sanford Herald had omitted the Ordinance titles on the publications. She said therefore, we would need to have a continuance on Items 10 A, 10 B and 10 C to the next Commission meeting. CC 03- 2141/82 Commissioner Durso moved to have the Public Hearings Items 10 A, 10 B and 10 C to the next meeting. Seconded by Deputy Mayor Cortes. Discussion was held regarding the language in the Ordinance and the information that was provided in the Agenda Memo being incorporated into the Ordinance Motion carried by a unanimous roll call vote. Bo Read by title only and adopt Ordinance No. 114950, 2 request by First Baptist Church of Longwood and Chokes in Learning School to vacate and abandon portions of East Bay Avenue. The Commission deferred this Item to the April 4t City Commission Meeting. C. Read by title only and adopt Ordinance No. 114959, providing al waiverr provision of sewer connection requirements. The Commission deferred this Item to the April 4 City Commission Meeting. 11e REGULAR BUSINESS. A. Read by title only, set April 4 2011. as the public hearing date, and approve the first Treading of Ordinance No 114969 which amends Chapter 30, Election, Section 3042 Early Voting; providing for Early Voting and dates for Early Voting for the Municipal Election in 2011° Mr. Langley read Ordinance No. 11 -1960 by title only. Commissioner Bundy moved to approve the first reading of Ordinance No. 11 -1960 and set April 4, 2011 as the public . hearing date. Seconded by Commissioner Durso and carried by a unanimous roll call vote. B. Review the recommendations from the Charter Advisory Committee and take the action the Comnnission deems appropriate. The Commission reviewed and discussed the recommendations from the Charter Advisory Committee that were outlined in a Memorandum to the City Commission dated March 12, 2011. The first recommendation from the Charter Advisory Committee was to amend Sections 12.03, 12.04 and 1:2.05 of the City Charter. CC 03 -21 -11/83 Commissioner Bundy moved to table this until the Chief s can come back with recommendations. Seconded by Commissioner Durso and carried by a unanimous roll call vote. Mayor Maingot thanked the Members of the Charter Advisory Committee for all of their hard work and for the tremendous job they have done. Deputy Mayor Cortes said that he would like to discuss proposing changing Section 3.01 (d) of the City Charter. He said the term of office for the City Commission from three (3) years and was proposing four (4) years. He said this would run concurrent with Seminole County and it would be a cost savings to the City. Discussion was held in regards to the upcoming changes in the Election Law that would include bilingual language and the cost savings to the City if there were four (4) year terms. Commissioner Durso suggested placing the proposed change on the 2012 ballot. Discussion was held in regards to when to place the proposed change on the ballot and when the four (4) year term would go into effect. Deputy Mayor Cortes moved to ask the voters this year on the ballot to change the elections cycles, Section 3.01(d) from three (3) years to four (4) years starting in 2012 as presented in the Agenda. Seconded by Mayor Maingot. Deputy Mayor Cortes said just with a caveat that if the City does not have an election, then it needs to go whenever the next election cycle was. Deputy Mayor Cortes rescinded the motion and Mayor Maingot withdrew his second to the motion. Deputy Mayor Cortes moved to table this until they find out what happens with Section 12.03 of the Charter. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. The second recommendation from the Charter Advisory Committee was to amend Section 3.01, paragraph (c) (2) of the City Charter. CC 03-2141/84 Commissioner Sackett moved to not include Section 3.01, paragraph (c) (2) in a Charter amendment. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. The third recommendation from the Charter Advisory Committee was to amend Section 3.01, paragraph (e) of the City Charter. Commissioner Bundy moved to send this to the ballot, provided it was not the only Charter item on the ballot. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. Deputy Mayor Coates left the meeting at 10:07 p.m. and returned at 10:08 p.m. 12. CITY ADMINISTRATOR'S S REJPORT1 e Ms: Powell welcomed the City's new Human Resources Coordinator, Ms. Wanda Broadway who's with the Robert Half International and Office Team. She then described her prior work experience and listed the professional organizations Ms. Broadway was affiliated with. She stated this was currently a temporary position, until such time they would go through the process to making it a permanent position. Ms. Powell addressed Commissioner Sackett's concerns from the last meeting regarding the hours of Candyland Park. She said the Park would be open from dawn -to -dusk, unless there Was a holiday, then it would remain open all day during the holiday. Ms. Powell stated they held two (2) more "We Are Longwood and We Are Here For You!" Meetings for Longwood Club and Skylark subdivisions and received positive feedback from both groups. Ms. Powell stated this past Friday, the City picked up our free Bloodhound puppy and she began her training for scent discrimination tracking. She said her name was Gotcha and she was donated by the Jimmie Rice Foundation to replace the City's German Shepherd • K -9 Buddy who retired in July 2010. She said the City still has an outfitted K -9 vehicle that was used as Buddy's get around mobile. She said Corporal Travis Grimm was Gotcha's handler as he had previous experience as a Bloodhound handler. Ms. Powell said the T- Mobile tower at Station 17 was moving • forward and on schedule. She stated the old tower was removed and the main part of the new tower was up. CC 03 -21 -11/85 Commissioner Bundy noted T- Mobile or AT &T has come to terms with Deutsche Telekom to buy T- Mobile and stated let's keep track of it as it may have an impact on the City's contract. Ms. Powell stated Ridge, Oak and Talmo were paved and open to traffic. She said all that was left to complete were the punch list items. She said the residents were extremely grateful, that this project was finally complete. Ms. Powell said they had approximately sixty (60) people at Candyland Park for the Movie in the Park to watch How to Train your Dragon. She said regarding Reiter Park, the grading should be completed, and it should be soded no later than next week in time for Easter. Ms. Powell said at the previous meeting, she requested approval from the Commission to use the Revenue from Recycling for the Marketing of Longwood. She said she was asked by Commissioner Sackett to bring back a Plan for use of the money. She then distributed copies of the Plan to the Commission for their review and approval. She said it was fairly cut and dry as to what would be used for within the City with regards to welcoming new businesses, promoting current businesses and recruiting targeted industries for future economic development. She asked for approval tonight, so that she can move forward in contracting with a firm to create publications similar to what Oviedo, Winter Springs and Deltona have for distribution, as well as other marketing tools. She said approximately sixty -two (62) businesses have come into Longwood from November 2010 to January 2011 and she would like to welcome them to the, City with a professional looking welcome packet. Ms. Powell then listed the items that were outstanding and would need to be addressed in the near future. 13. CITY ATTORNEY'S REPORT. No report. 14. CITY CLERK'S REPORT. No report. 15. ADJOURN. Mayor Maingot adjourned the meeting 10:21p.m. �/ 1/- John C. Nl ;ill, ®t, MaYn I ATTEST: /' , Sarah M. Minis, MMC MICA, City Clerk CC 03- 2141/86