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CC08-15-16MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES August 15, 2016 6:00 P.M. Present: Mayor Joe Durso Deputy Mayor Mark Weller Commissioner John C. Maingot Commissioner Ben Paris Commissioner Brian D. Sackett Dan Langley, City Attorney Jon C. Williams, City Manager Michelle Longo, City Clerk Troy Hickson, Director of Public Safety Chris Capizzi, Leasure Services Director Lee Ricci, Human Resources Director Lisa Snead, Financial Services Director David Dowda, Interim Police Chief Paul Ross, Interim Fire Chief Chris Kintner, Interim Community Development Director Tom Kruger, Economic Development Manager 1. CALL TO ORDER Mayor Durso called the meeting to order at 6:00 p.m. 2. OPENING INVOCATION. Pastor Trent Pope of WaterStone Church gave the invocation. 3. THE PLEDGE OF ALLEGIANCE 4. COMMUNITY ANNOUNCEMENTS. Ms. Longo read the following announcements. A. Senior Matinee will be held on Wednesday, August 17, 2016 from 1:30 p.m. until 3:30 p.m., Longwood City Hall (Chambers), 175 West Warren Avenue. This month's feature is Father and Daughters B. City of Longwood will hold a Community Yard Sale on Saturday, August 20, 2016 from 8:30 a.m. until 12:30 p.m., CC 08-15-16/1 Longwood Elementary School, 840 Orange Avenue. For a list of prohibited items or any questions, contact 407/ 260-3497. 5. PROCLAMATIONS / RECOGNITIONS A. District #4 Presentation of the Business Person of the Month Award for July 2016 to Mr. Jeffrey A. Coutant, President of Uni-Pak Corporation, located at 1015 North Ronald Reagan Boulevard. Deputy Mayor Weller read a brief biography on Mr. Jeffrey A. Coutant and then presented him with the Business person of the Month Award for July 2016. Photographs were then taken. B. Presentation to Mr. Tom Calato with Firehouse Subs in recognition of their Public Safety Foundation Grant of 20 portable automated external defibrillator units, donated to the Police Department. Chief Dowda presented Mr. Tom Calato with a plaque in recognition of their Grant. Photographs were then taken. C. Presentation of the 2016 Key to the City Award to Ms. Lori Rice. Deputy Mayor Weller read a Proclamation that outlined a biography on Ms. Lori Rice. He then presented her with the Proclamation and Key to the City Award. Photographs were then taken. D. Presentation of the 2016 Key to the City Award to Commander Johnnie Richardson. Deputy Mayor Durso read a Proclamation that outlined a biography on Mr. Johnnie Richardson. He then presented him with the Proclamation and Key to the City Award. Photographs were then taken. E. Presentation of the 2016 Key to the City Award to Ms. Ardel Marie Cheffer. Commissioner Sackett read a Proclamation that outlined a biography on Ms. Ardel Cheffer. He then presented her with the Proclamation and Key to the City Award. Photographs were then taken. F: District #5 Nomination for Business Person of the Month Award for September 2016. CC 08-15-16/2 Commissioner Sackett nominated Luna's Pizza for the Business Person of the month for September 2016. Nomination carried by a unanimous voice vote. 6. BOARD APPOINTMENTS A. District #1 Nomination to the Board of Adjustment. Commissioner Maingot nominated Mr. Elias Khoury, 447 Brentwood Club Cove to the Board of Adjustment. Nomination carried by a unanimous voice vote. 7. PUBLIC INPUT A. Presentations. Norton Bonaparte, Jr., Sanford City-Alanager and Member of the Board of Directors for the Florida City and County Management Association, to recognize the City of Longwood on its 301 year anniversary as an ICMA recognized commission -manager government. Norton Bonaparte, Jr. presented the City with a Certificate of Recognition on its 30t' anniversary as an ICMA recognized commission -manager government. An FCCMA video was also played that described the importance of a City Manager. Mr. Eugene Gray to present an update on Citizens on Patrol and Volunteer Citizens Corp. Mr. Gray gave a presentation on the History of the Citizens on Patrol Program and an overview of the new Volunteer Citizens Corp. COP Chief Moy then presented Troy Hickson, Director of Public Safety with an award. B. Public Participation. Lew Bronstein, Owner of Revitalize Life Fitness, 366 North Highway 17-92, said he has recently relocated his businesses back into the City. He said they have run into a signage issue and it was brought to his attention that the lighted sign in their window may be a code violation. He stated he is located in the Longwood Plaza, which has been a very distressed plaza. He has moved both businesses in there and they are getting it revitalized. He said they have gone dark with the signage in the window, which has made us almost invisible from the street. He asked the Commission if they could have a moratorium on Highway 17-92 for a lighted sign that describes our business in the window. Mayor Durso suggested that he meet with the City Manager, Mr. Williams, and he will get with the appropriate staff and have that conversation about what can and cannot be done. CC 08-15-16/3 1 Judi Coad, 1695 Grange Circle, said on October 5, 2015 the Commission appointed, on a temporary basis, a Public Safety Director until a person could be appointed a permanent Fire Chief. She said it has been approximately eleven months, and asked if this position has been permanently filled. If so, the Public Safety Director position should be abolished and Mr. Hickson has the option of returning to his position as Police Chief. She said if the Fire Chief has not been made permanent, her question is why. She said the position of Public Safety Director has cost us approximately a quarter of a million dollars in this current year's budget for salaries, administration, new offices, etc. She said this position was eliminated by your constituents, so where is the Commission and City Administrator's fiduciary responsibility to the residents. She said our tax dollars should be put to good use with manpower on the street with the appropriate amount of police officers and fire fighters. She said in the proposed budget, the question arose concerning the large amount of overtime the Fire Department has, but who made the decision not to accept the Safer Program Grant that would have hired six (6) additional fire people, train them, and paid for them for two (2) full years. She asked was it the Public Safety Director, the City Administrator, or this Commission. She said she cannot find the results in any minutes she looked under. She said she understands that after the time period, they would have been hired by the City, but we are already short, so they would have been trained, and by attrition, in two (2) years there still may have been a shortage. She said this was a win -win for the City that is no longer available to us, and the end result has and will be an additional financial cost passed on to the property owners. She said Code Enforcement used to be a three (3) person division and is now down to one with no budget for replacement of retired personnel. She said this position is on overload and creating a large disservice to the citizenry and businesses of the City. She said this position can barely keep up with the calls, let alone within the City, going out to see what is going on. She said we do need an emergency management program, but this should be designed by the Police and Fire Chiefs coordinating their departments. She said it does not need a facilitator to accomplish this. She said to what was spoken earlier by the COP people, she does think it is a wonderful program. She stated the only City in Seminole County that has a CERT team is the City of Longwood. She said they are truly another separate entity from being under the Police Department. She said as for this new Teer that is being implemented for the volunteer programs, it is unnecessary and unacceptable. She said the Police and Fire Departments should be overseeing each program that falls under CC 08-15-16/4 their jurisdiction. The more layers of upper bureaucracy the City has, the higher the cost is with less efficiency. She said we are trying to justify keeping an expensive position that is not necessary, per the citizenry past vote. She said if our City Administrator is in need of help, it should be coming from that department with a person who has no ties to either department. She said the City is becoming very top-heavy with high paying jobs and all their benefits, while the departments underneath them that must do the daily workload are being left short. She said too many Chiefs and not enough Indians to provide the City's safety and well-being. Tina Dantuma, 1625 Grange Circle, said she would like to address the new volunteer program as it relates to the Longwood Fire Department's CERT. She said over the last couple of months members of the CERT team have been meeting with members of the Commission, the City Manager, the Public Safety Director, and the Interim Fire Chief. She said we have voiced our concerns over a number of issues, and the three that are very concerning to us, and the reason for the repeated meetings include: First, the Longwood Department CERT be allowed to remain under the direction of the Fire Department as is recommended by FEMA under the Department of Homeland Security. Second, City of Longwood Fire -fighting personnel be assigned as the CERT Coordinator. She said this would provide a link of continuity for our citizens and government. She said team organization, stability, and sustainability could be vulnerable because volunteer turnover is usually higher than that of government personnel. She said to have that one stable link could be vital to the success of the organization. Third, training should be provided and directed by professional firefighter EMS personnel, not volunteers that have simply taken the Train the Trainer Course. She said fire volunteers are going to be assisting our neighbors in emergency situations, we should be trained by someone with actual field knowledge and experience. She said after the numerous discussions we have had, these are still our remaining and unresolved issues that have many of our members greatly concerned. She said it is very frustrating to all of us who have worked so hard for this team, to now have little hope that these issues can be resolved amicably and with very little confidence that the Public Safety Director will actually work toward that goal; or that the City Manager will be able to encourage him to address these issues in a manner that will still retain the integrity of the CERT team and our good standing and compliance with FEMA standards. She said it is true we have a team member willing to step up as a volunteer coordinator in order to help facilitate getting the current trainees through their training program. She said many of our senior members are not able to agree with or support the unfortunate changes that the Public CC 08-15-1615 Safety Director refuses to work on with us, in his new volunteer program. She said that is where we stand today, and thank for allowing me to speak this evening. Mayor Durso said the document you submitted with your form will be submitted to the Clerk for the record. JoAnne Rebello, 301 Loch Lomond, said after much research, she has noted that the position of the Public Safety Director was to be a transitional one. She said it was created for reasons that were not really ever publicly announced. She said there was concern over a view of its necessity before or at the time of the next budget, which was just recently done. She said there were to be continuous updates to this Commission as to changes made within either department. She said so far, she has not seen those updates. She said there was never a review at the budget meeting, and she has heard recently that the review was to be done after it was approved by this Commission for this upcoming year. She said although you may have been presented with supposed savings at this year's budget workshop, she questions their accuracy and will address them at a later date. She said reviewing a position after you have already approved it, is putting the cart before the horse. She said, as I have already stated this position by the will of the people was removed from our Charter in 2003. The Police and Fire Chiefs are to report' directly to the City Manager, not to a Public Safety Director. She said it is another layer of bureaucracy that is unnecessary if we have qualified people in their positions. She stated undoubtedly, Mr. Hickson is qualified as a Police Chief. However, his knowledge of Fire Department standards would be extremely limited and I am sure outdated, because to maintain qualification, one must have CEUs in a timely manner: She said she sees nothing in his own record to show that he has maintained those certifications. She said it has been over twenty-five (25) years since he has actively participated in a Fire Department, and at what level is dubious at best. She said after the departure of the former chief, it did leave the Fire Department without a leader. However, we did have an experienced Police Chief in Mr. Hickson. She said as Mr. Ross was appointed Interim, and has been acting in that position for ten (10) months, why do we need to continue with the Public Safety Director position. She said she has also noticed that in all this shuffling, positions have been added that Longwood has never had before, and she questions the necessity. She said others have been eliminated that may financially hurt this City and its citizens in several areas, including the ISO standings. She asks why this Commission would approve a position, even transitionally, that no other City in Seminole County feels the need. She said why City departments throughout the state of our size and even larger do not feel the need. She said CC 08-15-16/6 1 this move is moving backward, not forward, to a model from the 1980s, which has been shown somewhat effective in rural or smaller communities with cross -trained personnel. It is not an effective one, as its non-existence in this county and surrounding communities. She asked if.this Commission has individually explored other Cities and seen that this position is an unnecessary one. She said she understands you must rely on staff for facts and figures, however, it would behoove you to do your own fact- fmding, especially when questionable practice and procedures are brought to your attention. She said as in the 90s, the citizens have spoken. She said we do not want to consolidate our police nor our fire departments, and she wonders if this is reason for justification as to why we are doing this. 8. MAYOR AND COMMISSIONERS' REPORT District #2. Mayor Durso said this week is the Florida League of Cities Conference. He said it is not too late to sign up for your appropriate policy committee and all committees are still available for enrollment. District #3. No report. District #4. Deputy Mayor Weller said he discussed with the City Manager about the water meter billing, as he has been getting complaints about billings ranging from thirty-six (36) days down to twenty-seven (27) days. He said also, there was a situation in one of the subdivisions of a semi -truck parked there for three (3) or four (4) days and it has been moved. He said he will be absent from the first meeting in September. District #5. Commissioner Sackett asked if we could bring up the Longwood website. He asked the Clerk to scroll down to Longwood News and pointed out that Longwood, Florida is #2 for Florida's Top 10 Best Towns for Families with Children as listed in the Neighborhood Scout. District #1. Commissioner Maingot discussed the Zika Virus, and the latest issue of City and County, which says there are 921 travel -related cases, 13 sexually transmitted cases as of June 29th. He said there is no vaccine for Zika, so the best treatment is to take the preventive care. He said he participated in a meeting with John Mica on August 12t', and there' were people from Federal, State and County government. He showed a door hanger that Seminole County is distributing. He said Zika is on its � way here, and action on our part is the thing we need to count on, and it takes a tremendous number of people to be involved in this. He said Seminole County has put aside $116 million for mosquito control in August and September. He has requested that Ms. Gloria Eby, Seminole County Mosquito Control Director, be invited to the meeting with the Mayors and Managers. He stated some preventive actions that can be taken are make sure all containers filled with water from outside are CC 08-15-16/7 emptied. He said the normal spraying for mosquitos is done at night and the mosquitos bite during the day. Commissioner Sackett said with 55,000 kids starting school recently, they sent out information about this over the phone, and the teachers have talked with the children about this virus to make them aware about it. Mayor Durso said tomorrow is the Mayors and Managers Meeting, so he will be sure to talk about this with them. 9. ANY ADDITIONS OR DELETIONS TO THE AGENDA Commissioner Maingot requested that Items 1 OF and 1 OG be pulled for separate discussion. Mayor Durso requested that Item 1 OH be pulled for separate discussion. 10. CONSENT AGENDA A. Approve Minutes of the June 30, 2016 Work Session, Amended Minutes of the July 18, 2016 Regular Meeting and Minutes of the August 1, 2016 Regular Meeting. B. Approve the Monthly Expenditures for July and August 2016. C. Approve the Monthly Financial Report for July 2016. D. Approve the Seminole County Public School Resource Officer Agreement from July 1, 2016 through June 30, 2017. E. Approve a purchase order in the amount of $22,117.64 to Stryker Medical for the purchase of a new load stretcher system. F. Approve the contract with Retail Strategies LLC for Phase Two of the Longwood Retail Study. G. Approve the recommendations of the Smart Growth America Next Steps Memo. H. Approve a change order in the amount of $10,000.00 to purchase order #160104 to Helping Hand Lawn Care, Inc. for landscape maintenance. I. Approval of Contract Modification with the Teamsters Union Local, 385. Commissioner Maingot moved to approve Items I OA, 1 OB, 1 OC, IOD, I OE, and 10I as presented. Seconded by CC 08-15-16/8 1 Commissioner Paris and carried by a unanimous roll call vote. Discussion ensued on Item 1 OF. Mr. Kruger answered questions from the Commission. Commissioner Maingot moved to approve Item 1 OF as presented. Seconded by Deputy Mayor Weller and carried by a unanimous roll call vote. Discussion ensued on Item 10G. Mr. Kintner answered questions from the Commission. Commissioner Maingot moved to approve Item 1 OG as presented. Seconded by Deputy Mayor Weller and carried by a unanimous roll call vote. Discussion ensued on Item 1 OH. Mr. Capizzi answered questions from the Commission. Commissioner Maingot moved to approve Item 1 OH as presented. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 11. PUBLIC HEARINGS A. Read by title only, and adopt Ordinance No. 15-2076, which proposes approval of the Small Scale Comprehensive Plan Amendment (SPA 03-15) changing the Future Land Use Designation to Medium Density Residential (MDR) and Zoning Designation to Medium Density Residential-15 (MDR-15). Mr. Langley read Ordinance No. 15-2076 by title only. Mayor Durso opened the public hearing. No one spoke in favor or opposition to the Ordinance. Commissioner Sackett moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 15- 1 2076 as presented Item I IA. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. B. Read by title only, and adopt Ordinance No.16-2091, amending the Longwood City Code regulating the maintenance and operation regulations regarding Mobile Home Parks and Mobile Homes. CC 08-15-16/9 Mr. Langley read Ordinance No. 16-2091 by title only. Mayor Durso opened the public hearing. No one spoke in favor or opposition to the Ordinance. Commissioner Sackett moved to close the public hearing. Seconded by Deputy Mayor Weller and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 16- 2091 as presented Item 11B. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. C. Read by title only, and adopt Ordinance No.16-2092, which proposes a Temporary Backyard Chicken Pilot Program. Mr. Langley read Ordinance No. 16-2092 by title only. Mayor Durso opened the public hearing and the following people spoke. Wade Hamilton, 153 and 151 East Maine Avenue, Longwood spoke in favor of Ordinance No. 16-2092. He said he thinks the time is coming that the backyard garden and backyard chicken is going to be in everybody's backyard. He has developed a system called the "Drag System" where there is no bio waste. His water system is contained, and there is no Zika, no food, and he owns a structural concrete company and has had his architect and engineer work with him on the side to build something that can be safely locked down during a storm and give very good quality to the bird, increasing the egg laying, and be mobile in the,backyard for the next generation. He said he is very big in organic, and it would bring some revenue to the City. Commissioner Maingot asked if he had a plan of what he has built and if he would share it with the City. Mr. Hamilton said he does, but does not have it with him and would share it with the City. Judi Coad, 1695 Grange Court, Longwood spoke in opposition of Ordinance No. 16-2092. She said she provided each of the Commissioners with a copy of Infectious Diseases. She is not opposed to the chickens, she is opposed to the way the Ordinance is reading. She said we had a chicken problem in the Barrington Subdivision. She said she would like to see the Commission take some things into consideration before they fmalize this Ordinance. CC 08-15-16/10 She said the program does not address having the chicken coop enclosed by a privacy fence. By doing so, the surrounding properties are not being exposed to viewing the coop and chickens. She said having a neighbor with a chicken coop is not property - value enhancing. She said in addition, this will also help to deter children, dogs, and predators from the area. She said where she lives, we do get foxes coming from behind us, which is zoned agricultural. She said allowing the chickens to roam free "under supervision" is basically impossible. Chickens do not come when called, they run. She said having this issue in a subdivision with two homes, they were in the trees and everywhere in the backyard. She asked once a permit is given, will there be a constant follow up by Code Enforcement on a regular basis, such as once a month to validate a healthy environment, which is necessary for the health of the owners as well as the neighbors. She said since we only have one Code Enforcement Officer, this could be handled by a . Police Officer, or maybe the COPs might want to take something of that nature on. She said the Commission has not directed what the penalties or fines will be for not following their requirements, and this should be in place before you pass the Ordinance. She thanked Commissioner Maingot for asking for the plan for the coop for the chickens to be kept in. She said rodents and'snakes became a very large problem going. into the area where the chickens lived for the food and the chicken waste. She said the Ordinance does not address the disposal of dead chickens and chicken poop, which carry bacterial diseases such as Salmonella when it is wet and dry. She asked if the waste must be bagged and: marked for the garbage company, and will they take it. She said read the handout she provided because there are more details on the issues. Adam McCollister, 256 12th Avenue, Longwood spoke in favor of Ordinance No. 16-2092. He said he grew up on a farm, and is now a registered landscape architect in Longwood. He said he can tell -the Commissioner this is an extremely popular and growing trend nationwide. He is very excited about this and has people in his office who are involved in the Orlando Program and they have fresh eggs every week. John Wallace, 411 Valencia Court, Longwood spoke in favor of Ordinance No. 16-2092. He said he was raised on a farm and been around birds and animals all his life, and stated even the parakeets you keep in your house and all birds that land on your lawn carry Salmonella as well as turtles and snakes. He wanted the Commission to consider the positive health benefits of hormone - free eggs and the proteins and benefits of all that. CC 08-15-16/11 Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Paris and carried by a unanimous voice vote. Commissioner Paris moved to adopt Ordinance No. 16- 2092 as presented Item I IC. Seconded by Commissioner Maingot. Commissioner Sackett asked how long the pilot program was for. Mr. Langley stated it expires on February 28, 2018. Mayor Durso said there are some issues that are worthy of some - conversation. He said we need to figure out what Waste Pro wants to do with chicken carcasses. He said with regard to Salmonella, he advises the City Manager to have a conversation with South Seminole Hospital, just to be aware that there is potential for an increase in those type of cases, and to let us know if there is a spike with those cases. He feels these are reasonable public health issues to address but doesn't feel it needs to be adopted into in the Ordinance. Motion carried by a unanimous roll call vote. D. Read by title only, and adopt Ordinance No.16-2093, amending the Longwood Development Code to allow for temporary off -site signage and amending Article III Development Design Standards. Mr. Langley read Ordinance No. 16-2093 by title only. Mayor Durso opened the public hearing. No one spoke in favor or opposition to the Ordinance. Commissioner Sackett moved to close the public hearing. Seconded by Commissioner Paris and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 16- 2093 as presented Item 11D. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 12. REGULAR BUSINESS A. City Commission to review a revision for Oakwood Construction of a previously approved Lot Split (SD 02-16) to amend lot sizes at 116 and 120 West Bay Avenue. CC 08-15-16/12 Mr. Kintner presented the item and stated the property owner wants to maintain the two lots, but wanted to move the line between them a couple feet and it meets the Code either way. He said staff recommends approval. Commissioner Maingot moved to approve Item 12A as presented. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. B. Read by title only and adopt the Initial Assessment Resolution No. 16-1407 and set September 6, 2016 as the public hearing date to adopt the final assessment resolution which imposes the 2016 Wastewater Assessments. Mr. Langley read Resolution No. 16-1407 by title only. Commissioner Maingot moved to adopt Resolution No. 16- 1407 and set September 6, 2016 as the public hearing date to adopt the final assessment resolution. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 13. CITY MANAGER'S REPORT. No report. 14. CITY ATTORNEY'S REPORT Mr. Langley said he sent an email this morning about the request of Heritage Village Commons to substitute the security in place for the repayment of the remaining $303,950 owed for deferred impact fees from the second mortgage to a cash payment in escrow. He said -this is a potential solution of instead of having our mortgage in place still -and getting a subordination to it, release our mortgage but have -the developer pay my firm's trust account the cash remaining_fo be paid under"an agreement that requires my firm to disburse immediately_to the City upon the due date of that payment. He thinks it is a -good deal because instead of having a mortgage as security, which would require a law suit and foreclosure of property, it is cash in the bank that you will get a check on a specific date and time. Mayor Durso asked if this in any way weaken our -legal ability to collect on this debt. Mr. Langley said he thinks it strengthens it. He said we still have the note that remains in place that money is still owed. Commissioner Maingot made a motion to authorize the City Manager to execute a release of the City's mortgage upon the Heritage Village property in exchange for a cash deposit of $303,950.00 by the developer into an escrow account held by CC 08-15-16/13 Fishback Dominick pursuant to an escrow agreement with terms acceptable to the City Manager and requiring release of the funds to the City upon the due date of the 2nd installment payment of the deferred impact/connection fees. Seconded by Commissioner Sackett. Commissioner Maingot asked what happens with interest that accrues during the time you are holding on to it. Mr. Langley said he will work with Mr. Williams on that and see if we can get an interest bearing account at a bank, and whatever interest is derived will be going to the City. Motion carried by a unanimous roll call vote. 15. CITY CLERK'S REPORT A. Consider cancelling the November 21, 2016, City Commission Meeting. It was the consensus of the Commission to cancel the November 21, 2016 City Commission Meeting. 16. ADJOURN. Mayor Durso adjourned the meeting at 8:16 p.m. ATTEST: Michelle o%g , d 1 Clerk 1 1 CC 08-15-16/14