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CCMtg11-19-12Min LONGWOOD UTY COMMISSION l ]Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES ES NOVEMBER 1 2012 7:00 P. Mi Present: Mayor Brian D. Sackett Deputy Mayor B.G. "Butch" Bundy Commissioner Johan C. Mlaingot Commissioner Joe Durso Commissioner Bob Cortes Dan Langley, City Attorney Jon C. Williams, City Administrator Sarah M. Mirus, City Clerk Craig )[Dunn, Information 'Technology Manager Bill Gulbrandsen, Fire Chief Wanda Broadway, Human Resources Manager Sheryl Bower, Director of Community Services John Hambley, Planner 'Troy Hickson, Police Chief 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. A. Announce Results of the November 6, 2012 City of Longwood General ]Election. Ms. Mirus announced for Longwood City Commissioner, District 3, Bob Cortes received 3,127 votes, and Ben Paris received 2,180 for a total of 5,307 votes. Longwood Proposed Charter Amendment Question 1, the Yes votes were 2,758, the No votes were 2,811, for a total of 5,569. Longwood Proposed Charter Amendment Question 2, the Yes votes were 2,653, the No votes were 2,705, for a total of 5,358. Longwood Proposed Charter Amendment Question 3, the Yes votes were 1,767, the No votes were 3,778, for a total of 5,545. Longwood Referendum Question 1, the Yes votes were 3,248, the No votes were 2,394, for a total of 5,642. CC 11- 19- 12/361 B. Annual Rotation of the Deputy Mayor. Ms. Mirus announced the Rotation of the Deputy Mayor would go i from District Number 4 to District Number 1. Ms. Mirus read the following announcements: C. Senior Matinee will be held on Wednesday, November 21, 2012 from 1:30 p.m. until 3:30 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is The Best Exotic Marigold Hotel. D. Movie in the Park will be held on Friday, November 30, 2012 beginning at 7:00 p.m. at Candyland Park, 599 Longdale Avenue. This month's feature is Dr. Seuss' How the Grinch Stole Christmas. 4. RECOGNITIONS/PROCLAMATIONS. A. Recognizing Commissioner H.G. "Butch" Bundy for his service to the City as Deputy Mayor, November 2011 to November 2012. Mayor Sackett recognized Commissioner Bundy for his service to the City as Deputy Mayor. He then presented him with a plaque and photographs were taken. B. The Oath of Office will be administered by the City Clerk to the candidate who was elected to the City Commission at the City of Longwood General Election held on November 6, 2012. Bob Cortes District #3 Ms. Mirus administered the Oath of Office and the Oath 876.05 of the Florida Statutes to Commissioner Cortes. She then had Commissioner Cortes execute the Oath of Office and the Oath 876.05 of the Florida Statues. Commissioner Cortes thanked his colleagues and all in attendance who helped and supported him throughout his term. Ms. Mirus presented Commissioner Cortes with a Certificate of Election. The City Commission recessed the Meeting at 7:10 p.m. and reconvened the Meeting at 7:25 p.m. 5. BOARD APPOINTMENTS. CC 11 -19- 12/362 A. District 41 Nomination to the Land Planning Agency. Deputy Mayor Maingot nominated Ms. Judy Putz, 280 West Warren Avenue, to be reappointed to the Land Planning Agency. Seconded by Commissioner Cortes and the nomination carried by a unanimous voice vote. B. District #4 Nomination to the Board of Adjustment. Commissioner Bundy nominated Mr. Barry Revels, 1085 Foggy Brook Place, to be reappointed to the Board of Adjustment. Seconded by Deputy Mayor Maingot and the nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Public Participation. None. 7. MAYOR AND COMMISSIONERS' REPORT. District 45. Mayor Sackett said there were about 500 children who participated in the Day in the Park for Ian Freeman. He said he also handed out 750 trophies to ball players at the park, and there were about 5,000 people in attendance. He wished everyone well for the coming Thanksgiving Holiday. District #1. Deputy Mayor Maingot said he wanted to thank the Police Chief and Officers for their attention that has been given to the folks that do not comply with the speed limit on Rangeline Road. He stated they have a long way to go. He said he witnessed someone overtaking him on Rangeline Road. He stated he feels these were not residents of Longwood but transit through Longwood. He stated the City has a beautiful Heroes Park here in this entire area, and he had received something from Seminole County Commissioner Brenda Carey that said Sanford, Altamonte Springs, Winter Springs, but Longwood was nowhere in sight. He said he would like to make sure they correct this situation, through the City Administrator. He said they have invested a considerable amount of money in the Park, he thinks it ought to be made use o£ He said they should contact those organizations that could make use of the Park, and in doing this, expose the Historic District to them. He feels it was beneficial to the City to do this and asks they make sure they correct this situation in the future. Deputy Mayor Maingot said he also received a copy of a memorandum addressed to the Mayor and Commissioners regarding the Barrington Subdivision. He observed that his name was not noted. He said the same r sod the former Public Works Director, Mr. John Peters put down there was the same that was put down at that entrance, which was Argentine Bahia. He said it was extremely drought tolerant and was very restrictive to CC 11 -19- 12/363 accessibility to fungus. He said they have spent over $25,000 of taxpayer's money on that entrance, including a first class irrigation system. He said it was unfortunate they were being put into a position ' whereby a good lady, who was not the head of the Homeowners Association, but was a very outspoken individual and has spoken to a number of Conunissioners here, with the exception of him. He said he cannot support any further taxpayer money being spent on the entrance to that Subdivision. He said if she wants to have that redone, he would like to suggest she get a letter from people who live in that subdivision, sixty (60 %) percent of them, committing they would pay the City, plus any damages incurred in the irrigation system that will strip off the sod because that will happen. He said then, and only then, will he support any re-sodding in that area. He said he gspent a number of hours there on six � p (6) occasions working with the employees trying to do the best they could, and it was never acceptable. I Mayor Sackett asked the City Administrator was that part of his Report. Mr. Williams said any feedback fiom the Commission was most acceptable as far as the direction they want to go. District 92. Commissioner Durso said he agrees with Deputy Mayor Maingot on the speeding issue. He said he had a conversation with the Police Chief and a few of the Officers, and there continues to be problems on Lake Avenue, Wildmere Avenue, Grant Street, and Oleander Street. He said he really wants to work toward a formal solution now and they ! need to do something in those neighborhoods. He said the Officers will sit there for an entire day and catch one (1) or two (2) speeders. He said he was coming off Oleander Street and turning onto Lake Avenue, and a driven turned a hard right into the turn around the corner, and sped off i down Oleander Street. He noted the one (1) time a child is struck by a vehicle, or someone is walking and is hit by a car because they were driving too fast to react when they see them too late, they need to move forward with some solution. He said he does not care if it was roundabouts, speed bumps, stop signs or flashing lights. He said it was becoming a major issue and as it was getting darker earlier, people were complaining about it even more. Mayor Sackett asked the City Administrator to report back to the Commission in less than a month. I Mr. Williams said he will get with the Chief and start thinking outside of I the box on possible solutions and options. Commissioner Durso said regarding the MetroPlan Municipal Advisory Committee (MAC), the Commission was kind enough to pass that Quiet Zone Resolution that took effect a few weeks ago. He noted not only did CC 11 -19- 12/364 other cities do that, but at the last full MetroPlan Board Meeting, as Chairman of the MAC, he presented all of them, and the Board not only accepted all of the Resolutions, but agreed to commit funding to the preliminary plans for the quiet zones all through Phase I of SunRail, which includes Longwood. He said that was the critical part of the Project that has been missing. He said there was no funding for the actual development of the quiet zones yet, but the plans needed to be in place so they could have an idea of how much it would cost the City to move forward. He said once those plans were done across Phase I, then they will be able to go after the appropriate State or Federal funding source to get those done. He said that was actually a big win for them. He wished everyone a Happy Thanksgiving. District #3. Commissioner Cortes said he was pleased the Referendum did pass, and was wondering if there was a timeline they could see something coming back to them on the Tax Abatement Program in the near future. Mr. Williams said he would have to get with Ms. Bower and the Economic Development /Special Project Manager, Ms. Patrice Murphy, on development of it, and they will report back at the next meeting. Commissioner Cortes thanked the Mayor and other Commissioners on being there for him at the latest Car Show. He said that was the first Car Show he had missed since it started, but they were well represented throughout the City, and he thanked them for that. He wished everyone a Happy Thanksgiving. District #4. Commissioner Bundy said in response to the Barrington situation, he said as far as tax dollars, they were supposed to be getting reimbursed for that from the County. He said they destroyed it during the road widening project, and they had committed back when it got destroyed to making it whole. He said if our people have not gone to the County, then that was our people's fault. Secondly, the plan that was presented to all of them at the Community Building, they had agreed they wanted the St. Augustine. He said just give the people what they want and what they had before the County destroyed it. If they had done that to start with, they would not be going through this. The wall was in not good shape to start with. He said to do it and move on. He said he got a copy of the electronic mail sent out by the Administrator. He said he concurs and was in agreement with replacing it and giving them what they want. If they had done that to start with, they would not be dealing with it six (6) months later. He said as far as the speeders, he said they need to do it, but they have to understand if they put in speed bumps, they better talk with the residents that live there first. He said they did that in my neighborhood, Sky Lark Subdivision, nine (9) years ago, and a lot of the people that use the Raven Avenue exit, he still gets complaints frorn it. He CC 11- 19- 12/365 said roundabouts were not cheap. A typical roundabout on a two -way street would cost about $20,000 to $30,000. He does want to see some ideas come forward as to how they can do it. He said if they put Police --� Officers out there, they will catch them for a while until everybody knows they were there, and they leave and come back. He said that was a temporary band aid on it. Mayor Sackett said it was his understanding there will be a dialogue between the Police Chief and City Administrator to think of a variety of answers to this, and that was what they were looking for. Commmissioner Durso said all of them were getting complaints. Commissioner Bundy said there was another good Car Show of about 160 cars. He said he survived another Arts and Crafts Festival. He said with the way they have been setting it up and breaking it down, he wants to say for about five (5) or six (6) years with a complete system in place, it gets a little easier each year. It went very well, and the weather cooperated. He said they sold about the same number they did last year in booth spaces and noted they had a few no- shows. In this economy, they had a bud house maker sell over 50 at $50 each. He said a couple of the fine artists sold over $10,000 worth of artwork over the weekend. He said his wife, Donna, was operated on ten (10) days ago to have a lymph node removed and sent out for testing. He said they got the news that she does have Hodgkin's Lymphoma, so they will begin treatment for that. He asked for everyone's positive thoughts and prayers. S. ANY ADDITIONS OR DELETIONS TO THE AGENDA. None. 9. CONSENT AGENDA. A. Approve Minutes of the October 15, 2012 Regular Meeting. B. Approve the Monthly Expenditures for October and November 2012. C. Approve the Monthly Financial Report for October 2012. D. Approve a purchase order in the amount of $1,020,000 to Waste Pro of Florida, Inc. for annual solid waste and recycling services. E. Approve a Letter of Conditional Local Financial Commitment to secure one -to -one snatching funds up to $120,000 for the operation and management of four (4) Flexbus stations in the City of Longwood through a Florida Department of Transportation (FIDOT) Service (Development Grant. CC 11- 19- 12/366 Commissioner Durso moved to approve the Consent � Agenda. Seconded by Commissioner Cortes. Discussion was held regarding Item D. Discussion was held regarding the operation of the FlexBus listed under Item E and for staff to also initiate conversation with some of the private carriers as a Plan B. Motion carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. Read by title only and adopt Ordinance No. 12 -1998, amending the Longwood Development Code (LDC) Article 1, General Provisions; Article 11, Land Use and Overlay Districts; Article V, Supplemental Standards, Establishing Requirements for Pain Management Clinics. Mr. Langley announced having proof of publication for this Item. He then read Ordinance No. 12 -1998 by title only. Mayor Sackett 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 Maingot and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 12- 1998 as presented, Item 10 A. Seconded by Commissioner Bundy. Mayor Sackett asked. Commissioner Bundy if his discussions on pill mills at the last meeting have been addressed. Commissioner Bundy responded in the affirmative. He said it gives a compliance date for the existing ones and he was happy with it. He noted they were not grandfathered in. Motion carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. Read by title only and adopt Resolution No. 12 -1325, which designates a depository, designates authorized signers and facsimile signatures for the City. Mr. Langley read Resolution No. 12 -1325 by title only. CC 11 -19- 12/367 i Commissioner Durso moved to approve Item 11 A as presented. Seconded by Commissioners Cortes and carried by a unanimous roll call vote. B. Cory Fairbanks Mazda requests the City Commission hear a Temporary Use Permit (TUP 17 -12) to allow a waiver from the ]Longwood Development Code, Article V1, Sec. 6.6.1(A) providing that 90 days shall elapse prior to the issuance of a temporary sign permit when a property is subject to a code enforcement violation, Sec. 6.2.0 Prohibited Signs, and Section 6.6.2(D) General Design and location standards, to allow several types of temporary signs associated with a TUP for an upcoming sales event. Commissioner Durso moved to approve Item 11 B as presented. Seconded by Deputy Mayor Maingot. Commissioner Bundy said they were going to give somebody a Temporary Use Permit (TUP) after they have violated the Ordinance seven (7) times. He stated they cannot even plead ignorance on that. He said they have been cited as recently as November 10"'. Deputy Mayor Maingot said he read the General Manager, Mr. Willie Wright was aware of it, and he does not wish to support something that was an outright violation. He said he thinks of the circumstance of survival. He said they have been speaking of supporting the business community a lot, and when he looks at the picture and does not criticize Codes Enforcement /Field Service Officer, Ms. Brittany Kidd because she was just doing her job. He said they have an organization that was fighting for survival, and this was probably the only car dealership they have in the City. He said one has to weigh violation against existence and closing down the business. He said this in no way grants leniency, but grants consideration. He stated how they in one (1) minute can say they support local businesses, and then in the next minute when they try to keep their head above water and put forth a good marketing display, they want to throw them under the bus. He said he honestly feels that was not in the best interest of the people who do business in this City. He said they cannot have meetings in the Community Building and welcoming the business community, when they really do not mean what they were about. He said he has been looking at two (2) things. One was what they have been doing, which was bringing them into violation. But, if they drive around in other cities and see the same thing and parking their vehicles all the way out onto the grass in fiont, which he does not CC 11- 19- 12/368 think was right. He said do they want to have businesses being encouraged to stay and give people jobs and revenue for the City, or do they want to chase them out and put them out of business. He said in looking at the request, he was prepared to support it, with one exception, which the monster was standing out there. Commissioner Cortes said he met with Mr. Wright today and pointed out some things to him. He stated across the street, other businesses were allowed to put banners out and that was because they were in the County, not the City. He said he discussed with Ms. Bower and Mr. Williams and agreed to meet after the holidays to one (1), address the issues of the violations and two (2), to find a way within the Code that he can get some of the marketing issues done without violating the Code. He said this was in his District, and he will be involved to make sure they can find a way for the business to thrive without it being a violation of the Code. Mr. Williams said it would be important to include Chief Hickson and Codes Enforcement in that discussion as well. Mayor Sackett said he received a letter and a visit from Ali Baba House of Kabob's about State Road 434 and the mess that was going on there. He said they were a struggling business right now and basically do not have anywhere near the restaurant customers they had before, and what kind of signage can they do as well. He said then he sees Max and Meme's Cafe across the street with their flags waving, and the Tire Store with their flags and banners waving. He said they have to bring in people to help their business community survive. He said shame on them for violating seven (7) times and said that was ridiculous, and he would not tolerate eight (8) times. He said he understands what the Deputy Mayor was saying, that survival was important right now. He said there has to be some happy middle ground, but violations were not tolerated. Commissioner Bundy said he was not going to weigh in on how he thinks the effectiveness of what they were going to do. He said when they waive some of the sign policies in the past, if they were depending on this for the business to survive, they were dead. He said Cory Fairbanks :Mazda was in no danger of going out of business. He said they were spending thousands of dollars on renovations at a facility, and they were clearly a good, viable business. His said his statement has nothing to do with whether they were going to keep them or whether they want to encourage them. He said obviously, they want to encourage them. He said his statement was they violated the Code seven (7) times. He said if they want to do away with the Sign Codes, so they do not have to worry about them, he said they have had this conversation many CC 11 -19- 12/369 times. He said they cannot keep one -by -one eating away at the s Sign Codes. He said they went through community meetings and many discussions with business leaders involved to set up the Sign Code. He said he understands the economic times, and they have shown compassion, but seven (7) times. He asks how many times do they have to be cited before they realize they have to get a permit and be in compliance with the Codes. He said if the Code was ridiculous, do not waive it, do away with it. Commissioner Durso said he agrees with those comments at this point for one (1) significant reason. He said when one (1) business violates the Code; it was the business' fault. He said if two (2) or three (3) businesses violate the Code, it was the business's fault. He said when several businesses constantly violate the Code, there I might be something wrong with the Code. He said there was nothing wrong with going back and re- working something. He said there was no such thing as a perfect thing that comes out of government ever the first time out — ever. He said the attempt of Codes Enforcement was to enforce the law, and sometimes the law needs to respond to the times. He said the whole purpose of Codes Enforcement was to prevent people from putting cars on blocks in their front yards. He said it was not to prevent people from successfully managing their business. He said he was going to vote "yes because there were a lot of businesses hurting. He said they need to be more proactive in helping them and get out of their way. i i Motion carried by a four -to -one (4 -1) roll call vote with Commissioner Bundy voting nay. 12. CITY ADMINISTRATOR'S REPORT. Mr. Williams said the stormwater improvements on 292 East Maine Avenue have been completed. He stated the resident and neighbors were very pleased with the work. He noted there was a broken spot on the edge of the pavement, and the Division Manager of Streets /Fleet, Mr. Tom Smith, said it would be fixed by Thanksgiving. He wished everyone a Happy Thanksgiving. 13. CITY ATTORNEY'S REPORT. No rep_ ort. i 14. CITE' CLERK'S REPORT. Ms. Mirus wished everyone a Happy Thanksgiving. CC 11 -19- 12/370 r 1 5. ADJOURN. Mayor Sackett adjourned the meeting at 8:19 p.m. Brian D. Sackett, ,, Mayor ATTEST: arah M. Mirus, lV MC, MBA, City Clerk CC 11 -19- 12/371 i I This Page Left Blank Internationally. f CC 11- 19- 12/372