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CCMtg11-03-08Min LONGWOOD CITY CO1Vl[MISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, :Fllorida MINUTES - November :3, 2008 7:00 P. ~~I. Present: Mayor Brian D. Sackett Deputy Mayor H.G. "Butch" Bundy,. Jr. Commissioner John C. Maingo~t Commissioner Dan Anderson Commissioner Mike Holt Teresa S. Roper, City Attorney John J. Drago, City Administr:~tor Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleet Richard Kornbluh, Division Manager of Utilities Laurie Mooney, Fire Chief Carol.Rogers, Director of Financial Services ~ Ryan Spinella, Executive Assistant Paul Sizemore, Director of Community Services Tom Jackson, Police Chief Fran Meli, Recreation Program Manager 1. CALL TO ORDER. Mayer 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. None. 4. RECOGNITIONS. A. District #4 Presentation of the :Business Person of the Month Award for November 2008 to Kelly Kirk, Owner of K Squared Cabinet Company, 1204 Eagle. Trail. Deputy Mayor Bundy read a briF,f biography on Kelly Kirk, Owner of K Squared Cabinet Company, and :presented him with. the Business Person of the Month Award for November 2008. Photographs were then taken. CC 11-03-08/309 5. BOARD APPOINTMENTS. A. District #1 Nomination to the Board of Adjustment. Commissioner 1Vlaingot nominated Arthur E. Heintz, 921 Waverly Drive, for reappointment to the Board ofAdjustment. Nomination carried by a unanimous voice vote. B. District #2 Nomination to the Parks and Recreation Advisory Board. Commissioner Anderson nominated Randy Jonda, 1516 Pelican Street, to the Parks and Recreation Advisory Board. Nomination carried by a unanimous voice vote. C. District #2 Nomination to the Codes Enforcement Board. Commissioner Anderson nominated Ernest Tolos, 316 Heather Avenue, for reappointment to the Codes Enforcement Board. Nomination carried by a unanimous voice, vote. D. District #4 Nomination to the Land Planning Agency. Deputy Mayor Bundy nominated Brian Fiore, 1036 Foggy Brook Place, to the Land Planning Agency. Nomination carried by a unanimous voice vote. E. District #4 Nomination to the Codes Enforcement Board. Deputy Mayor Bundy nominated Tim Dolan, 1083 Cross Cut Way, for reappointment to the Codes Enforcement Board. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Presentations. A representative from Seminole County will conduct a presentation on the Mosquito Control Program. Edward Horbath, Program Manager, Seminole County Mosquito Control, said they spray for adult mosquitoes, larvae, and they are working, towards source reduction. He stated the rationale of why this Program came about was to become more efficient and focus on integrated pest management by using ali facets of mosquito control. He affirmed this has less adverse affects on the environment and was a more efficient use of pesticides. He said the program was implemented in October 2007 with a three year phase-in, of which they are in the second year. He stated they were established in a State approved Program making the County eligible for State aid. He said the City would also benefit for aid under the County Program. He stated the current level of the Program status involved an outreach Program. They are focused on letting the public know what they can do to get rid of mosquitoes. He confirmed all resident calls were CC 11-03-08/310 investigated. They do all larviciding throughout the County. He advised the City was doing all truck spraying. He reviewed the coordination of the Program among jurisdictions. He stated the County provided a consistent level of service throughout all jurisdictions. He said the County was divided into five zones and these zones were treated each week. He stated biological control was also part of this Program and they use mosquito fish in a lot of the wet areas. He declared adult mosquito control was their last effort and as the Program advances, they will be taking that over in the cities. He said everything they do is GPS mapped and recorded. The first year of the Program was the implementation of the Program. Year rivo is starting now and they will be hir7ng seasonal employees in the sturuner. He stated the end of the third year is when the County Program will be implemented and they will have an additional seven employees during the summer. He said the City Progr~uns can phase out at that time. However, they are not asking the cities to ~;et rid of their equipment. He stated he recommended they keep their equipment so as to help with thick spraying. Commissioner Anderson inquired how to determine where the source of mosquitoes was other than getting bit. Mr. Horbath said they first ask people who call if they are getting bit. He advised midges do not bite and the County does riot do midge control. He stated if they have more than one call from an area,, they will set a trap in that area to make sure they are mosquitoes. Commissioner Maingot said he was intrigued by the term "mosquito fish" and inquired if these were a mirnlow. Mr. Horbath said these were Gambusia Holbrooki, a minnow type of fish. He stated they were native of Florida. Commissioner Maingot said Mr. Horbath had stated they were in Longwood every Wednesday. He inquired where this information was stored. Mr. Horbath advised they keep a database and i was State Law to retain this information for three years. lie said they could be contacted for any public records request. Mayor Sackett inquired how large the Department would be. Mr. Horbath said his plan was to have a staff of five fulltime people and seven seasonal. - Gary Johnson, Director of Public; Works for Seminole County, said when - the Committee was deliberating This issue, they put together a proposal. When Mr. Horbath joined them, he convinced them this could be done CC 11-03-08/311 more effectively with seasonal help. He stated staffing would be less than ~ originally submitted to the Committee. Deputy Mayor Bundy said when they were.originally discussing this; someone from Orange County was brought. in to help with the presentation. He inquired how effective their program was. Mr. Horbath said Orange County's Program has been around since the 1950's. He stated their Program was somewhat based on Orange County's Program and other area Districts. He said Lee County uses temporary staff and they have a $17 million budget. He affirmed he was trying to keep the County's program eligible for State fields. Commissioner Holt said mosquitoes have no boundaries. He inquired if they had contacted the surrounding courties. Mr. Horbath advised all of the surrounding counties have Mosquito Control Programs. B. Public Participation. Dan McCoy, 1.37 East Maine Avenue, said he had another letter from Deputy Mayor Bundy. He stated one of the items in this letter refers to the Publix Shopping Center. He said the way this letter reads was "I saved the project twice, but I can't do it again unless they feel the Commission is solidly behind me." He stated he knew for a fact that Deputy Mayor Bundy cannot do anything legally by himself unless the City Commission directs him. He said Deputy Mayor Bundy has been the spokes-person of the Commission, but he did not save this project alone. He declared this letter makes it look like Deputy Mayor Bundy did this by himself and left the other four gentlemen sitting on the dais alone. He inquired how many more letters like this was the Commission or the City going to allow Deputy Mayor Bundy to write from the desk of Deputy Mayor. Mary Sackett, 399 Harbour Isle Way, said she was here to express her disdain for the campaign. mailing signed by Deputy Mayor Bundy. She stated when Mr. Bundy came to her home five years ago to ask her husband to nin for a Commission seat, she was under the impression he was looking for someone who cared about the City and who would work for the betterment of Longwood. She said he indicated that Mr. Sackett was just what the City needed. She declared she was impressed that Mr. Bundy and Mr. Maingot were searching out people who could bring new views and energy to the Commission. She stated she was no longer that naive. She confirmed she has observed that his actions seem to have had ulterior motives. She said she now believes he was looking for someone that would support him and agree with him 100%. Unfortunately for him, ~ her husband thinks for himself. She stated, as Mr. Bundy learned he could not control her husband, he has. searched .out others for this purpose. She CC 11-03-08/312 said though Longwood was a small town, politics seem to be typical of what happens on a much larger scale, especially this year's campaign. She stated she personally did not appreciate the numerous mailings that have been sent questioning individual:;' integrity. Nor does she look forward to the multiple calls she has received at her home. regarding these mailings. She said,. in this economically unstable~time, it was sad that over $12,000 has been spent for a smear campaign hurting. peoples' names and character. She stated much of thi;~ was contributed funds donated by people who do not live in our City. She said Mr. Bundy's tactics in this campaign were everything that led Longwood to be known as "Wrongwood" and she knows the citizens of Longwood will see it for what it is -and give no credence to these mailings. She said if or when Mr. Bundy was opposed. for office, he can .rest assured that if these same tactics are played out, neither her husband, nor she will have any part of it. Despite what has been implied, Mr. Sackett will take the same high. ground as he is now and did when the same type of smear campaign was voyaged against Mr. Holt five years ago. She stated he would condemn those for chgosing that path rather than. sticking to the issues. She declared she wanted everyone to understand that she was speaking today as a Longwood resident, who is questioning the motives of numerous mailings, and contributions of numerous people who do not reside in Longwood. She said she was also here as a wife who is upset with what has been implied about her husband and she was here as a mother of children who have received this trash in the mail. She stated up until now, she has been a silent bystander who is fed up with the politics. 7. CITY ADMINISTRATOR'SREPQRT. Mr. Drago reported last year in December the Commission agreed to cancel Blue Grass. He said he wanted to ascertain if this was still acceptable. It was the consensus of the Commission to cancel Blue Grass in December. Mr. Drago said he spoke. with Deputy Mayor Bundy regarding the City's Yard Sale during the Arts and Crafts Festival and he had. no objection. He stated they would like to hold the Yard Sale on Friday prior to the Festival and on Saturday. Mr. Drago reported the City closed on the Bernard property last Friday. 8. MAYOR AND COMMISSIONERS' F~EPORT. District #2. Commissioner Anderson expressed his appreciation for the Farmers Market, the support of the Commission, .and the incredible effort Ms. Meli and staff have put into it. He said he has beers impressed by the level of support expressed by residents all over town. . Commissioner Anderson inquired, with the FEMA deadline, if the City had been in contact with the family that was flooded out of their home. He suggested the City let the family know this could be an option for them. CC 11-03-08/313 Mr. Sizemore advised that shortly after Tropical Storm Fay the City Engineer met with FEMA at their property. Commissioner Anderson said this was his last meeting and he has been honored to be able to serve the City. He stated he appreciated all of the City staff,. and with their help. there has been a great change made in the City. He said they were here last month discussing Publix and the fact that this entire Commission, for the fifth time, expressed their unanimous support for working, with Publix and' making this happen by bringing them into. the City as a corporate. partner. He affirmed he received two mailings this weekend. He stated Mr. Bundy mentioned in his letter that he was responsible for rescuing the Publix .deal. He said when Mr. Bundy - came to the Commission last December and informed them of a problem that if certain items were not done that night, Publix would walk away from the deal. He stated he understood at the time,. that some event had arisen and they were under an emergency and needed an answer that night. This weekend he received a letter that was dated October 20.07 and said this bothers him. However,. Mr. Bundy .mentioned he had rescued the Publix deal twice, yet he only came to the City Commission once to let them know there was an issue. He inquired as to when the second occasion was. Deputy Mayor Bundy said it was either the December or January meeting when staff had sent forward to Publix a rendition of the same thing they were objecting to at the November meeting. He stated he would have to go back to the minutes, btrt it was discussed and reiterated again. Commissioner Anderson said knowing it was the desire of the, Commission to work with Publix, if he suspected there were ongoing problems regarding their development, why didn't they hear again there were continuing. issues with Publix.. He declared at both January meetings, Mr. Maingot and Mr. Sackett said we needed to communicate that. this Commission wants to work with them. He stated he never heard there were continuing issues, yet both mailers he received this weekend state that the actions of this City Commission and City staff were driving Publix away. However, the Commission keeps reiterating that they want Deputy Mayor Bundy to communicate to Publix they want to work with them. Deputy Mayor Bundy said, first of all, one letter he sent out under his signature. He had nothing to do with the other piece of mail. Commissioner Anderson said it was the same bulk mail permit: He stated they asked for an update last month and Deputy Mayor Bundy informed them everything was~moving along. The only issue that remained to be worked out was stormwater, and the Commission thought it was a great. plan. He said they heard that everything was on track. He inquired why the letter told people this City Commission was contributing to problems with Publix. Deputy Mayor Bundy said 10 days ago he received a phone call from Craig ~ ~ Buchanan and also had received a phone call from Jennifer Crane, who is the daughter of the owner of Township Plaza, notifying him that they had been CC 11-03-08/314 informed by Publix they were withdrawing the project. He stated the City Administrator had their contact information.. They indicated to him part of it was the economic situation, but they had anticipated that they would have broken ground long before now, and indicated part of it was the City's reluctance to move forward. He said he was assuming they were referring to what happened a year or so ago. Commissioner Anderson inquired if there was anything else the Commission needs to know about what is going on with Publix that they haven't heard. He said that phone call should have resulted in a memo to inform them what was going on instead of a mailer impugning the character of'this Commission. Deputy Mayor Bundy said he thinks the Carlyle Group is trying to revive it, but, as far as he knows, they have not been able to get a meeting with Publix. He stated Bill White,. who represents Fifth Third Bank, the property owner, was out of town. Commissioner Anderson moved ~to write a letter from the Commission to the property owner, as well as to Publix, stating that should they choose to want to continue to work on the project, that the City would like to work with them, they need to communiicate with the City Commission and the City Administrator, and they need to come here so it is all in the open. Seconded by Deputy Mayor Btmdy. Mayor Sackett inquired, regarding fiduciary responsibility, if he found out something as a Commissioner, what his responsibility would be as a Commissioner. Ms. Roper said ordinarily if you found tY~ere were any breech of fiduciary duties, it would be their duty to disclose that to t:he rest of the Commissioners in an expeditious manner. She stated she was not giving an opinion on this issue. Mayor Sackett said he was willing to offer help with the letter to see where we are. He stated if Publix was walking away, he has heard there were two other grocery stores. that have an interest in this property. He said they do need the letter to happen and immediacy was important. He inquired if they were asking for a meeting with the Commission or with Administration. Commissioner Anderson said they cannot control if Publix wants to walk away. He stated Deputy Mayor Bundy was correct in that he came back in January and said the message didn't get through in December. At that point, the Commission said to write a letter to let them know we wanted to work with them. He said they have had several consensus votes since that time that they wanted to work with them and they have never approached thc~ City Commission. He suggested the ~ letter express to the property owner, as well as Publix, that this City Commission wants to work with them to partner in getting something done on the property. CC 11-03-08/315 Commissioner Maingot said a letter was fine, but he felt we need to expedite personal contact with them. He suggested the Mayor and the City Administrator ~ ' should initiate an opportunity to meet with them as soon as possible, to reinforce the letter that will be received. He stated he recalled asking when we might anticipate them coming before the Commission to do a presentation. He said he thought they were using that as a "red herring" because of their acquiring Albertson Stores and this was a tremendous drain on their resources. He reiterated we needed to establish direct contact with them. Commissioner Holt said, no matter how many Albertsons they purchased, it was their location of another Publix they were facing. Mayor Sackett said that was conjecture. He stated they don't know any of those facts. They do know that they want to move forward on this project. He said they were sending a letter to ask for dialogue. Commissioner Holt asked Deputy Mayor Bundy if they had indicated to him they had interference between his negotiations with them and any of the City staff. Deputy Mayor Bundy responded in the negative. He said when Mr. Buchanan and Ms. Crane called him, the. information they received was that Publix had pulled out. He stated he planned on bringing this up under his Report. He said he talked with ACi because they have a~tremendous amount of contacts in the development community. He stated the Carlyle Group was brought. to the table by them to ~ develop the property behind Publix. He said apparently this Group has developed some projects with Publix and may be able to bring economic factors to bear in conjunction with this property. He affirmed he has not done any negotiations, only facilitated by putting people together. He stated they met with staff one time to go over a conceptual site plan. He said the City Engineer had met with their Engineers on ttivo occasions. Mayor Sackett said it was his understanding they are looking for a letter to be sent quickly. They are looking for a dialogue face to face. However, this was not in the motion. Motion carried by a unanimous roll call vote. District #3. Commissioner Holt inquired if the work done on First Place was a patch job or a finished project. He said they cut out asphalt and replaced it. Mr. Smith said it was a finished project. Commissioner Holt said the quality of work was not up to par. Mr. Drago said he would go check on the area. District #4. No report. CC 11-03-08/316 District #5. Mayor Sackett reported he had a call regarding the Winsor Manor Project where drainage was an issue. He; said several houses in from the entrance,. water stands and develops algae. He started this was an older couple and they slip. They thought the drains were going to help and it has not. Mr. Drago said the drains were. strictly for the first intersection. He stated that particular house was not part of the project and it occurred after the fact. Commissioner Anderson said there were still .some issues with the first intersection where water stands. The Commission asked the City Administrator to revisit this area. Mayor Sackett said Halloween was a wonderful. event. He commended Ms. Meli and City staff for doing a great job. He reported he has a meeting coming up in Deland and by that time they should have a fair appraisal on the Public Works property. He wished Commissioner Anderson well on his retirement from the Commission. District #1. Commissioner Maingot also wished Commissioner Anderson well. He reported he recently helped Estella Gregorich celebrate her 100th Birthday at Southland Suites. He did the Invocation at the Iriaugural Luncheon for the new President of the Orlando Regional Realtors Association. He attended the farewell luncheon today for Mayor Tom Green in. Lake.Mary.. He congratulated Ms. Meli and her team for doing a great job on the Halloween event. He said the Farmers Market was going well and he was sure they would see the benefits of it at the end of the six months. 9. CONSENT AGENDA. A. Approve Minutes of the OetobE;r 20, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for November 2008. C. Utilities Division of the Public `forks Department recommends the City Commission approve a purchase order with Mueller Service Company, Inc. in the amount o:F $38,190.00 for fire hydrant maintenance and repair for the remainder of the fiscal year and authorize the City Administrator to sign all appropriate documents. D. The Fire Department recommends the City Commission approve a Blanket Purchase Order for Fann Emblem not to exceed $22,000.00 and authorize the City Administrator to sign the Purchase Order. E. The Fire Department recommends the City Commission approve a Blanket Purchase Order for Advanced Data Processing, Inc. not to exceed $43,000.00 and authorize the. City Administrator to sign all associated documents. CC 11-03-Of3/317 F. City Administrator recommends the City Commission approve a purchase order in the amount of $60,017.00 to Barnes, Ferland and Associates for preparation of plans, construction documents, permitting assistance and construction services for the Oak, Ridge and Talmo Street Vacuum Sewer Extension, water main loop projects as identified in the hydraulic model, and authorize the City Administraor to sign all appropriate documents. Commissioner Holt moved to approve the Consent Agenda as submitted, Items 9 A-F. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS A. The Community Development Division of the Community Services Department recommends the City Commission read by title only and adopt Ordinance No. 08-1878, which amends the City Comprehensive Plan (CPA 02-08) to update the Capital Improvements Element.. Ms. Roper announced having publication for this and all public: hearings on the Agenda. -She then read Ordinance No. 08-1878 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Maingot moved to close the public hearing. Seconded. by Deputy Mayor Blmdy and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 08-1878, as presented, Item 10 A. Seconded by Deputy Mayor Bundy. Commissioner Holt referenced page 73, third paragraph, regarding discussions with Winter Springs. He inquired if there had been any further input by their Commission on what they were going to do with the City of Longwood. Mr. Sizemore advised Mr. Spinella has been working on this matter. He said there. were two concurrent processes going on, one being the Capital Improvements. Element and the water supply plan that will incorporate information that comes back from Winter Springs. He stated when more information is available on the water supply project they will make that part of the water supply plan. Motion carried by a unanimous roll call vote. B. The Finance Division of the Financial Services Department ~ recommends the City Commission read by title only and approve 08- 1879 which amends the Fiscal Year 08/09 Budget. CC 11-03-08/318 Ms. Roper read Ordinance No. 08-1879 by title only. i Mayor Sackett opened the public; hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Commissioner Maingot moved to approve Ordinance No. 08-1879, as presented, Item 10 B. Seconded by Commissioner Anderson arid carried by a unanimous roll call vote. 11. REGULAR BUSINESS. None. 12. CITY ATTORNEY'S REPORT. Ms. Roper wished Commissioner Anderson the best of luck in all his firture endeavors. She said it has been her pleasure to serve him as the City Attorney. 13. CITY CLERK'S REPORT. No report:.: 14. ADJOURN. Mayor Sackett adjourned t:he meeting at 8:17 p.m. Brian D. Sackett, ayor ATTEST: ~ :2LGO Sarah M. Mi.rus, CIVIC, MBA City Clerk CC 11-03-08/319 This Page Left Blank Intentionally. CC 11-03-08/320