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CCMtg04-04-11Min LONGWOOD CITY COMMfSSF,1EN • Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES AP!''IL 4, 2011 7:00 P.M. Present: Mayor John C. Maingot Deputy Mayor Bob Cortes Co .., missioner Joe Durso Com I11 issioner H.G. "Butch" 1 undy Commissioner I:,rian Sackett Dan Langley, City Attorney Jon Williams, Acting City Administrator Sarah M. Mirus, City Clerk John Peters, Director of Public Works /City Engineer Chris Kintner, Plannner /Stormwater Sheryl : ower, l irector of Community Development Services Patrice C. Murphy, Assistant to City Administrator Michelle Longo, Executive Assistant to City Administrator Fran Melli, Director of Leisure Services Troy Hickson, Police Chief I. CALL TO ORDER. 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. Senior Health Fair Sessions on Skilled Nursing and Short - Term Rehabilitation will be held on Wednesday, April 6, 2011 from 9:00 a.m. until 12:00 p.m., Longwood Community uilding, 200 West Warren. Avenue. 4, RECOGNITIONS/PROCLAMATIONS. None. 5. OARD APPOINTMENTS. A. Appointment of a Citizen Representative to the Metro Nan Orlando, Citizens Advisory Committee. The Commission deferred the nomination to the next Commission Meeting. CC 04 -04 -11/91 6. PU :;LJC INPUT and PRESENTATIONS A. Presentations. McDirmit, Davis Company, LLC will present the Annual Audit for the Fiscal Year Ended September 30, 2010. Kelly Leary, Partner with McDirmit, Davis & Company, LLC, presented a PowerPoint presentation regarding the auditor presentation with the year ending September 30, 2010. She reported the City received the Certificate of Achievement for the 2009 audit report. She stated the Independent Auditor's Report was unqualified, which was the best opinion the City can receive. She said the Audit Report under the Other Reports Section states the City was in compliance with the laws, regulations, contracts, and grants. She said the management letter states there were two (2) current year recommendations which management was implementing. She outlined some of the City's fund balances and stated the Special Assessment Fund reduced its deficit fund balance by $46,925 and paid back some of the loan from the other funds. She said the Net Assets from the Public Utilities Enterprise Fund decreased $106,165 due to decreased user charges and decreased capital contributions. She said the Auditor General's financial indicators look at trends in the City over the past five (5) years as well as compare to other cities that were approximately the same size. She said their assessment did not indicate that the City's overall financial condition was deteriorating. She stated the Financial Services Department did a great job, and the audit went very smoothly and it was a pleasure to work with everyone. Presentation on the Longwood Winn -Dixie Store Renovation. David Jakiela, Project Manager with Cuhaci & Peterson, 1925 Prospect Avenue, Orlando, said that he was here to represent Winn Dixie on their remodeling project for their store located on State Road 434. He reviewed the drawings in detail of the changes that were being made to the interior and exterior of Winn Dixie. He noted that he had already been in for the permits and he would be responding to some permit comments. He said they have the contractor on board and ready to begin construction whenever they want him to. He then answered questions from the Commission. Discussion was held in regards to adding some landscape to the Winn Dixie parking lot rather than just having asphalt. Discussion was held as to the status of the permit process for the remodeling project at Winn Dixie and the store being open during the remodel. CC 04 -04 -11/92 B. Public Participation. Michael Towers, 754 Fleet Financial Court, stated that he was the Chairman for the Economic Development for the Longwood Chamber of Commerce and requested approval to put up a sign adjacent to the two (2) properties at. Mt. Olive Missionary Baptist Church and the Bite Hot Dog stand located on State Road 434. He said the Chamber was working with those two (2) property owners to upgrade the landscaping and irrigation systems. He said when it's completed, they would like to put up a sign that they can work with the City showing the joint collaboration between the Chamber and the City to see if any other property owners would be interested in joining the program of upgrading their properties. Mayor Maingot asked Mr. Towers if he had spoken with staff. Mr. Towers responded stating he briefly spoke with staff. Mayor Maingot asked that Mr. Towers speak with staff regarding his request, and would have the support of the Commission. James Futch, 211 West State Road 434, said he was representing DJ's Guns, Gold, and Pawn, and was here to clarify /rectify a situation they got caught into. He said they were starting the process of opening a new store in December and on December 6t1; they contacted the City and asked if the location was acceptable for a gun and pawn store. He said they received an electronic mail from the Planner /Economic Development, Mr. Scott Russell stating it was good. He said then they proceeded on with their venture and got a lease on the property. He said they began renovations and came into the City to get their application started and the lady who handles the applications was out due to a medical problem. He said when she finally carne back, they tried to get their application in and found out there was some sort of zoning change that was going into effect and got derailed in opening the store. He said he feels they had started this and the intentions were there, but because they were not able to get the paperwork accomplished due to the personnel not being able to do it, now they were caught with this zoning change and asked to be excluded from the change, so they may continue on their venture. He said they were going to build a beautiful store and deal with quality people. He said they were going to build a business that would be beneficial to the City and stated they have put thousands of dollars into this project. Commissioner Bundy suggested Mr. Futch meet with the Acting City Administrator and the City Attorney in regards to the, matter CC 04 -04 -11/93 and to relay the information to Ms. Bower and they can move forward with this. The Commission concurred with Commissioner Bundy's suggestion. Darrell Bartz, 115 Lake Gem Drive, thanked the Commission for taking care of the problem with Cory Fairbanks Mazda and the Codes Enforcement Division took care of the issue with the lights and the speakers. 7. MAYOR AND COMMISSIONERS' REPORT. District #4. Commissioner Bundy said he had an issue with the Community Building, and he met with staff regarding the issue and staff would be bringing forward a clarification of policies for the Commission in the future. He said he hoped everyone got the electronic mail regarding the rabbit situation in the Longwood Groves subdivision and said in speaking with Chief Hickson, Codes Enforcement has been on top of the issue and the situation would be resolving itself with the people moving to Lake County. He said Chief Hickson was going to have his staff look at the animal ordinance that was written and would be bringing something forward. District #5. Commissioner Sackett said over the past few days with the rain storms, Progress Energy seemed to be swamped and confused about some telephone calls. He then described a swell located on Slade Drive and how a major tree fell onto the house during this event. He said he checked on the house and received compliments from the homeowners regarding the Streets and Fleets Division staff removing the tree and they did the right thing. He requested the trenches be maintained, and see if they needed to be reworked and look into the matter in the future. He thanked the Park Services Division for cleaning up Candyland Park after the storms before the event on Saturday. Mayor Maingot said with regard to the storm drains, they were chock full with leaves and were washed down into the storm drains. He said that presents a problem and with more rains, they were most likely to get more clogs and this was a unique habitat for the gathering of rats. He suggested checking on the areas with trees and stated the leaves were piled and have gone into the storm drains. District #1. Mayor Maingot said he attended a Meet and Greet at the Old Florida National Bank located on Highway 17 -92 and noted it was very nice to meet those people. He said on March 31 he attended the 434 Beautification Workshop and due to severe weather, he would like to revisit the Workshop to get more of the business people involved. He said per the mandate of his fellow Commissioners, he had a meeting with Mr. Langley and Ms. Katrina Powell on March 1 e to review concerns relative CC 04 -04- 11/94 to the City Administrator and City Attorney. He said he had a follow -up meeting on April 1 with Mr. Langley, Ms. Powell and Mr. Williams. He said he discovered some of the reasons why they have been having problems and outlined the reasons due to the request for proposal (RFP) for the City Attorney Services. He said he made the recommendation to the Acting City Administrator for staff to make sure all specifications were clearly documented in what's being presented to the Commission. He said the Acting City Administrator and City Attorney would be revisiting the Scope of Services in Section 2.1 in the contractual Agreement to make sure there were no more grey areas. He said if they were unable to resolve this, then he would recommend to his fellow Commissioners to put it out to bid. District #2. Commissioner Durso said for the next meeting, he would like an update on the where they were on the Brownfield process and where they were in regards to the Community Redevelopment Agency (CRA) and outlined what he wanted to see. He said the Commission approved the Green Ordinance and it instituted a number of programs in the Green Ordinance. He said a lot of the programs were dependent on funding and he would like to see some minimal funding for those programs to get them going and getting the residents involved in these programs. He said with the Commission's approval, he would like to meet with the Acting City Administrator and staff to develop some options to bring forward to the Commission for approval. It was the consensus of the Commission to have Commissioner Durso meet with the Acting City Administrator and staff to develop some options of programs that were outlined in the Green Ordinance. Commissioner Durso requested an update on the Stormwater Master Plan. He thanked the Public Works Department and toured the Public Works Facility. He stated the building was coming together nicely and appreciated all the work they were doing. Discussion was held in regards to the Stormwater Master Plan being looked at in conjunction with the proposed road paving projects. District #3. Deputy Mayor Cortes said Mother Nature has a strange way of seeing if the City was prepared or not for hurricane season. He said this was a good test and the storm on Wednesday came through very quickly and did a lot of damage. He said Progress Energy was not prepared for something like this and provided specific examples. He noted the Public Works Department was able to assist with the clean -up and detailed his conversations with the representatives from Progress Energy with regards to the clean-up and electricity being restored. Deputy Mayor Cortes said he walked the slope at Reiter Park and noticed the slope was higher than it looked. He said he loved the view and noted CC 04 -04 -11/95 • • the slope looked a little high. He thanked Chief Hickson and Codes Enforcement for the issue on Oak Street and clearing all the debris with the dilapidated building and graded the dirt, so when the grass grows it will be easy to maintain. 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA. Ms. Mirus requested that Agenda Item 9 A be pulled from the Agenda. 9. CONSENT AGENDA. A. Approve Minutes of the February 21, 2011 !'; egular Meeting. . Approval of the April 2011 Expenditures. C. Acceptance of the Annual Audit for the Fiscal Year Ended September 30, 2010. D. Approval of Resolution No. 114273, supporting and approving an application by Foreign Trade Zone No. 250, Sanford Airport Authority to include property within the City of Longwood. E. Approval of Resolution No. 114272, supporting for widening 15/600 (17/92) from Shepard oad to Lake Mary Boulevard. F. Approval of Resolution No. 11 -1274, approval of a Locally Funded Agreement (LFA) between the Florida II?epartment of Transportation (FDOT) and the City of Longwood for SunRail Station Enhancements. G. Approve the Acting City Administrator's Contract. Commissioner Sackett moved to approve Consent Agenda Items B- F. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. Commissioner Sackett moved to approve Consent Agenda Item 9 G. Seconded by Commissioner Bundy. Discussion was held in regards to Item 9 G as it relates to the salary increase in accordance with the Personnel Policies and Procedures Manual. Commissioner Durso moved to table the Item to the next meeting and to do the research necessary to make a reasonable sound judgment on this particular issue. Seconded by Mayor Maingot and the motion failed to carry by a three -two (3 -2) roll call vote with Deputy Mayor CC 04 -04 -11/96 • Cortes, Commissioners Bundy and Sackett voting nay and Mayor Maingot and Commissioner Durso voting aye. Discussion ensued regarding the compensation that was outlined in the proposed Acting City Administrator's Contract. Main motion carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. Read by title only and adopt Ordinance No. 1114957, a request by Orange Crown Transit Partners, LLC to vacate and abandon a portion of North Oleander Street North of Orange Avenue. Mr. Langley announced having proof of publication for this and all Public Hearings listed on the Agenda. He then read Ordinance No. 11 -1 957 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Durso moved to close the public hearing. Seconded by Commissioner Sackett and carried by a unanimous voice vote. • Commissioner Durso moved to adopt Ordinance No. 11- 1957. Seconded by Commissioner Sackett. Deputy Mayor Cortes said he still had not seen the wording changed that he had been looking for in this Item. He then read Section 1 of Ordinance No. 11 -1957. He stated in the Utilities Division Manager's letter dated October 26, 2010 by Mr. Richard Kornbluh states the following "...has no objection to the vacation of the Oleander Street right -of -way North of Orange. Avenue as proposed in your application, provided that a utility easement is retained for the entire length and width of the vacated right-of- way." He said he agrees with Mr. Kornbluh's assessment, and said the City has drainage and pipes underneath there and these gentlemen were proposing to construct a building and a parking lot. He said his concern was once this development occurs, the City does not have any say about what happens to those pipes and discussed this matter with the Acting City Administrator today and would not support the Ordinance as proposed. Commissioner Bundy moved to amend, to include maintaining an easement for the entire length and width of the vacated right - of - way that will be conveyed to the property owner during the developmental process and with CC 04 -04 -11/97 a provision to allow staff to alter it, adjust it or swap it out as was necessary for the site plan or for the City's needs. Seconded by Commissioner Sackett. Discussion was held in regards to the proposed changes to Ordinance No. 11 -1957. Motion to amend was approved by a unanimous roll call vote. Main motion to adopt Ordinance No. 11 -1957 was approved by a unanimous roll call vote. :. Read by title only and adopt Ordinance No 114958, a request by First 1 aptist Church of Longwood and Choices in Learning School to vacate and abandon portions of East ay Avenue. Mr. Langley read Ordinance No. 11-1958 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner 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. 11- 1958, as presented Public Hearing Item 10 B. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. C. Read by title only and adopt Ordinance No. 114959, providing a waiver provision of sewer connection requirements. Mr. Langley read Ordinance No. 11 -1959 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Durso moved to close the public hearing. Seconded by Deputy Mayor Cortes and carried by a unanimous voice vote. Commissioner Durso moved to approve Ordinance No. 11- 1959. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. CC 04-04-11/98 D. " ead by title only and adopt Ordinance No. 11 960 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 close the public hearing. Seconded by Deputy Mayor Cortes and carried by a unanimous voice vote. Commissioner Sackett moved to adopt Ordinance No. 11- 1960, presented as Item 10 D. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. Assignment of Job Order Contracting (JOC) No 05-08 from Superior Asphalt of Central Florida to C.W. Roberts Contracting. Commissioner Bundy moved to approve Item 11 A as presented. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. . Approval of Option #4 of Job Order Contracting (JOC) No.05- 08 to C.W. Roberts Contracting. Commissioner Durso moved to approve Item 11 B as presented. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. C. Approval of the Purchase Order to C.W. Roberts Contracting for the six (6) unpaved roads scheduled for paving this fiscal year. Conunissioner Durso moved to approve Item 11 C as presented. Seconded by Deputy Mayor Cortes. • Discussion was held regarding the remaining dirt roads that needed to be paved in Longwood. Motion carried by a unanimous roll call vote. Commissioner Bundy thanked staff for addressing his concerns with the last three (3) Items and said he appreciated it. CC 04 -04 -11/99 1 -- - - - - 12. ACTING CITY ADMINISTRATOR'S REPORT. Mr. Williams thanked the Commission for the confidence they have in his abilities and promised that he would do his best to not to let them down. He said he was honored to assist in whatever capacity that he can in moving the City forward and would give his full effort in doing so. He noted the transition had begun and had the opportunity to meet with staff this morning. He asked staff to prepare a list of all active projects, the status of those projects, estimated time for completion of those projects, and would deliver the information to the Commission very shortly. He said the budget process has been kicked -off, and was in over the weekend and worked on the budget worksheets. He noted he had a few items to update and transmitted those worksheets to the departments, so they could compile next year's budget numbers. He asked the Commission to consider holding a Budget Work Session in the very near future to establish those priorities in moving into the next fiscal year in order to make a smooth transition and would have Ms. Longo contact the Commission. Mr. Williams said he received an electronic mail from Ms. Mirus from the Tri- County League of Cities and was requesting a letter of support be sent to Governor Rick Scott regarding SunRail. He asked for a consensus of the Commission for the City to move forward with it, and he could have staff and himself work on preparing the letter and to have each Member of the Commission review it. He noted the request had asked for each Member of the Commission to sign it and would present it back to the Commission for their signatures. It was a consensus of the Commission to move forward with the letter to Governor Rick Scott in support of SunRail. Mayor Maingot noted the Seminole County Regional Chamber of Commerce had a letter writing campaign going on right now and the League of Women Voters for the State of Florida had a letter writing campaign that was ongoing. He said they were advised electronic mails don't cut it and said Governor Scott had two (2) folders, one (1) for SunRail and the other one (1) against SunRail. He stated that he would be in Tallahassee on April 13 and 14 He said he would be meeting with Lieutenant Governor Jennifer Carroll at 3:30 p.m. on April 13 He said he wanted Lieutenant Governor Carroll to take him and show him those two (2) files and to see where Sun Rail stands. 13. CITY ATTORNEY'S REPO I T. Mr. Langley stated the appeal brought by Mary Gamble against the City of Longwood was dismissed by the 5 District Court of Appeals for a lack of jurisdiction and he received a copy of the Order on Friday. CC 04 -04 -11 /100 14. CITY CLERK'S REPORT. A. Reschedule or cancel the July 4, 2011 Regular City Commission Meeting. Ms. Mirus said, included in the Agenda Packet was a Memorandum requesting the Commission either consider canceling or rescheduling the July 4, 2011 Commission Meeting. Commissioner Durso moved to cancel the July 4, 201.1 Meeting and shift any appropriate work to the meeting before or the meeting after. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. Ms. Mirus noted the City was hosting Council of Local Government in Seminole County (CALNO) on Wednesday, April 6 in the Commission Chambers with the dinner beginning at 6:30 p.m. and the Meeting beginning at 7:00 p.m. 15. ADJOURN. Mayor Maingot adjourned the meeting at 8:45 p.m. dj' Mayor ATP S e Sarah M. Mirus, MMC, M . City Clerk CC 04 -04 -11 /101 • This Page Left !:,flank Intentionally. CC 04- 04- 11/102