CCMtg03-29-10(SP&ES)Min Laa~~~vood pity Commission ~haanl~ers
I75 Nest Warren t~venue
Longwood, Florida
SPECIAL 1VIEE'I'ING Al~]I~ E~C~T'I.'IVE SESSIOIlT
1VIINiT'I'ES
li~IAIZCI~ 29, 2010
5:00 P.li7.
Present: Mayor John C. Maingot
Deputy Mayor Joe Durso
Commissioner Bob Cortex
Commissioner Ii. G. "Butch" Bundy
Commissioner Brian D. Sackett
Daniel Langley, City Attorney
Kurt Andaman, City Attorney (Arrived at S:OS p.m.)
Katrina Powell, City Administrator
Sarah M. Minus, City Clerk
John Peters, Director of Public Works/City Engineer
Fran Meli, Director of Leisure Services
Patrice Murphy,. Assistant to the City Administ~•ator
Sheryl Bower, Director of Community Development
1. CALL TO ORDER. Mayor Maingot called the :meeting to order at 5:00 p.m.
NLr: Langley led in a moment of Silent Meditation followed by the Pledge of
.Allegiance.
2. DISCUSSION AND 7CAKE ACTION DEEMED APPROPRIATE WI~'II
REGARD TO TIIE REQUEST FOR PROPOSAL 10-10 FOR
PROFESSIONAL CONSULTING SERVICES.
Mayor Maingot expressed some concerns with regards to the Memorandum from.
the City Administrator dated 1Vlarch 11, 2010 relative to Professional Consulting
Services. He said had the Commission been consulted, an informal inquiry could
have been made of local business contacts prior to aformal Request for Proposal
(RFP) action and the delay could have been avoided. He referenced the
Stormwater Master Plan where it indicates-that aerial photography may have to be
completed twice and said they have to be very conscious of what costs are being
entertained: He suggested with regards to the new Public Works Facility that the
prior design for the Orange Avenue location be adapted to any new location. He
said there was a meeting in mid-February on the Oak, Ridge, and Talmo Project
that Mr. Peters attended with the residents and there was no indication that an
RP'P was required for the start of that Project. He stated the Commissioners
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represented the people of Longwood and they were the final decision makers in
anything that happens in this City.
Mr. Ardaman arrived at this point of the Meeting.
Mayor Main~;ot said this Commission has the knowledge and the capability of
making correct determinations ui as much as they receive the right information
from staff that is accurate and unbiased so that the Commission can make
informed decisions.
Ms. Powell said with regards to Oak, Ridge, and Talmo, Superior Asphalt was
one of the Job Order Contractors (JOC). She stated had we gone with them, they
were already under contract with the City. However,. all of the other pieces with
engineering have to be done through contract and this is why the RF'P had to go
out for services. She stated that multi-year contracts should be done by ordinance.
She declared that staff had spent numerous hours; they were professional,
qualified, and capable of ranking the firms.
Mayor Main~;ot said the Commission needs the backup information so that they
can make an :informed decision. In the past, they have received information that
was skewed ~~nd inaccurate.
Ms. Powell said staff was not aware that. all of the other contracts were tluough
the same Engineer. She stated had they known that, they would have inundated
the Commiss:ionwith information. She said that staff was still trying to learn what
the Commission is lookuig for, but at the same time they also need the
Commission to trust staff. She stated staff has provided the Comn'~ission with
accurate information and provided options for the Commission to choose from.
~ Commissioner Bundy said that mo one has stated at anytime that they do not
respect staff, He stated, as the Mayor said, trust comes with time a.nd the trust was
coming. He said that due to what has happened in the past, the Co:nunission will
scrutinize evE,rything carefully to make sure they don't make the wrong decisions.
He stated the Commission will always respect staff, but they will always question.
Commissioner Cortes said not to assume the Commission knows what is going
on. He stated they receive their agenda packet a week before the meeting and
.requested stai:f to provide the Commission with as much documentation and
information as possible that is pertinent.
Ms. Powell said in the Agenda Memorandum the Commission yvas provided two
rankings. However, on the dais there are three rankings per category. She stated
they were required by Florida Statutes to provide tluee rankings. c,he said they did
not have enough work at this time for three companies, and did, mot want to place
the burden on. the contractor of providing liability imsurance,if the City was not
going to be able to use them at this time.
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Mr. Langley said this was assuming the Commission reverses what they
previously ordered on March 1St. He advised, if that were the case, the
Commission would then raillc the individual proposals for each grouping and
accept. the top three rankings. At that point, staff would. go back and -ask for a
contract of the highest ranked proposal,. second and third highest. He stated the
first step was ranking, and then a negotiating process would occur at a separate
meeting.
Commissioner Bundy inquired if the. Commission was required to accept these
rankings.
Mr. Langley advised they did not have to accept the rankings. He said the RI'P
presented to the consulting group's states that staff makes a recommendation
before. the City Commission to accept,, reject, or modify. He stated the
Commission could re-rank with the. information they are given in the order they
_ determine to be the fair and correct ranking based on the qualifications of the
fiims. He advised the statute also gives the Commission that authority as the local
governing body.
Coimimissioner Bundy inquired how the Coiiumission was supposed to rank them
when they have not seen the responses to the RFP. He said they were looking at
the evaluations of staff and what they based their rankings, on.
Ms. Powell said in her March 1 ltn Memorandum, she stated the proposals were u1
her office. She has not had one person ask to see these proposals.
Comri-iissoner Bundy said at the Commission.. Meeting the instruction was that it
goes out to bid and then the City Administrator's Memorandum came out. He
stated he was fine with putfing that directive on hold until they could address it.
Mayor Maingot said they have. a number of important projects being held up
pending the Commission's action.
Commissioner Cortes inquired if the Commission would have to reverse their
original decision from March 1 St before they can do anything further.
Mr. Langley responded in the affirmative. He advised someone would need to
make a motion to rescind the order of the Commission from March 1St to reject all
RFP's and start over with the process.
Commissioner Cortes said that based on what liar .been discussed, as it stands
now, the Commission does not want to send this out to re-bid. They want to find a
different solution to this.
Mayor Maingot responded in the affirmative.
Commissioner Cortes moved to rescind the order of the original motion
from the March 1St Meeting. Seconded by Deputy Mayor Durso.
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Commissioner Sackett inquired if this was approved and the Commission does
not move forward with anything, what they would then have.
Mr-. Langley advised they would have a situation where the matter would still be
pending and the matter hasn't been decided in any form by the Commission for
rankings. He said with no decision made they cannot move forward with
rewarding contracts at that point.
Motion carried with a unanimous roll call vote.
Commissioner Cortes referenced Florida Statute 287.055 that basically tells them
why and how they need to do this so staff can come back with a contract. He
recommended the'five Commissioners review these and decide if they were going
to accept these rankings or make their own reco"mmendations and come back at
the next Conunission Meeting to fuialize it at that time.
Mr. Peters said he has read through all ofthe proposals and it take;s an average of
forty five (4_`~) minutes to read through and grade each proposal. He stated it takes
approximately sixty (60) hours to go through all seventy-four (741 proposals.
Ms. Powell said this goes back to at what point does this Commission trust that
the executive- staff of this City is capable of doing their job and putting forth
information t:o this Commission to make a decision. She stated thf;re was concern
here as this vas what staff was being paid to do.
Commissioner Bundy said he understands what staff's job is. He also understands
what his job :is. He stated that there also needs to be an element of'staff being
respectful to the Commission and they need to understand if the C'ommi sion is
struggling with this while they are trying to do their j ob. He affirmed that he does
trust. staff.
Commissioner Sackett suggested the Commissioners be assigned :proposals to
review. He said if the Commission has a comfort level in what was being
proposed then they can support this at the next Commission Meeting.
Mr. Langley clarified Commissioner Sackett was proposing assigning each
Commissioner a select group of proposals to read and review and then discuss
these at the next Commission Meeting.
Commissioner Sackett responded in the affirmative.
Commissioner Cortes said this would give the Commissioners general knowledge
of the process.
Commissioner Bundy said as they read through these and compare; to staff's
ranking, there; could be a comfort factor that it will continue. thr~u~;h all of the
rankings.
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Ms. Powell inquired if the Commissioners ranked. them differently if they were
going to individually meet with staff to discuss the ranking.
Deputy Mayor Durso said he would .like to review the Stormwater. He stated lus
intention would be to review the documents and meet with staff acid move this as
quickly as possible.
Commissioner Cortes said if there is a difference in the ranking as they review
these documents to bring forward justification for the change.
Connnissioner Bundy said he thought this would also move them back one step
from any liability from anyone that wished to contest the results;
Commissioner Bundy moved to divide the RFP evaluations and each
Conunssioner select one area of the RFP process, read the appropriate
responses and come with a recommendation to the Apri15~` Commission
Meeting. Seconded by Commissioner Sackett and carried by a unanimous
roll call vote.
Commissioner Bundy left the meeting at 5:58 p.m. and returned when the meeting
reconvened.
3. DISCLTSSIOIV WI'1<'I~[ REGARD 'T®'I'I~ OP'I'I®NS F®I2 REI'I'ER PAI2I~.
Ms. Powell said the Commission had several options that are being proposed for
Reiter Park and associated costs.
The Commission recessed at 5:59 p.m. and reconvened at 6:13 p.m.
Mr. Peters reviewed the Active Concept for Reiter Park that includes a pavilion,
soccer fields,. basketball courts, tennis cow-ts, and parking. He said the current
basketball court and teimis court were in terrible shape. He stated that due to the
soil conditions asphalt cannot be used for a future temiis court. He said it would
have to be built with structural re-enforced concrete. The estimate for one
basketball court and one tennis court would be approximately $725,000. A key
element of the cost is $40,000 for retention modification. He advi"sed the-pond at '
Reiter Park was out of compliance. He stated they would probably need to go
around the perimeter of the pond with an infiltration gallery to create additional ,
infiltration rate. in order to get the water level down.
Mayor Maingot said the soil there was partly muck and he inquired how they
were going to deal with this.
Mr. Peters said you would evaluate the soils infiltration rate and by putting an
infiltration system to the side it would increase the area exposed to the
surrounding soil. He stated the worst case scenario would require pumping water
to a new pond. He said the tennis court would require fencing. He stated he has
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lighting included for the tennis court, but this was optional. He said the pavilion
was very sirr~ilar'in cost to what was initially proposed.
Commissioner Bundy inquired if the pond was built as designed.
Mr. Peters responded in the affirmative, with the exception Hof the outfall pipe. He
said the outfall pipe in the original design had a very unusual configuration that.
was modified. He explained that the inlet was designed for one (1') foot of
storage so that normal water would be one (1') foot below the nlF;t which they
don't have.lle explained the design was based on the geotechnical information
supplied.
Commissioner Bundy expressed concern regarding. the concrete slab for the courts
and washout occurring beneath the slab.
Mr. Peters said if they were to do this, it will be on his three month schedule for
chaining. He stated by doing this they can make corrections and keep the repair
costs down.
Ms. Powell said this was clearly the more maintenance concept that would cost
the City over the long haul.
Mayor Mangot said he wanted to make sure Mr. Peters recormnendation on the
retention modification will work. '
Mr. Peters reviewed the Inactive Concept for Reiter Park. He said the amount of
concrete is kept to a limited amount. There is a walkway around. the perimeter of
the property, a formal garden, a small amphitheatre and a 3,00.0 seat amphitheatre,
a labyrinth, children's play area, and a waterfall pond. He said with each step
there is volume created for the retention pond issue plus it is an ai~aenity for the
Park. He statE>d the hope was for the Hospital to cost share in the labyrinth. He
advised this was a forty percent (40%) plan and would not require much more in
order to go to~ construction.
Mr. Peters re~~iewed the Dual Concept and said the main difference was that the
labyrinth was moved and a basketball court placed in that location. The
playground was fenced and removed the berm that was in this location,and placed
the. tennis court here with the fencing. Everything else is the same on this plan. He
stated the Inactive Park was approximately $816,000 with the big€;est element
being the bell. tower of $250,000. The Dual Concept has a $70,0001 tennis court
and a $60,00() basketball court and comes in over a million dollars.
Mayor Maing;ot inquired about the tree locations.
Mr. Peters reviewed the location of trees on the plans.
Mayor Maing;ot inquired what would happen if they didn't have th.e bell tower.
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Mr. Peters said it would save a quarter of a million dollars. He stated the theory
with the bell tower was to create a landmark idenfity.
Mayor Maingot inquired if the bell tower could come after the construction of the
Park.
Mr. Peters said they have the flexibility of doing a Phase 2. He stated if they don't
build the bell tower, they would need to build the foundation for it and that was an
expensive element. of the bell tower.
Commissioner Bundy said it was a lot of money to spend on the bell tower for it
to be a decoration and he was not in favor of it.
Commissioner Sackett said he appreciates making it more active. He agreed the
bell tower was not necessary. He has had people ask him when. the soccer field or
ball fields were going to be put back.
Mr. Peters said he would like to offer an alternative utilizing the property behind
the Police Department. He stated they could probably ,get by with asphalt. courts in
this area rafher than re-enforced concrete. He said according to the Property
Appraiser's records this property is large enough to support both a tennis coul-t
and. a basketball court.
Commissioner Cortes said the City would be charging for the wedding chapel and
the amphitheatre. He inquired if it had been determined how much revenue this
would bring in annually.
1VIs. Powell said they did not have those numbers. However, they did meet with
ACi early on regarding this concept. She stated Mr. Larry Adams said they were
working on a project like this in Sarasota and they could put the City in contact
with a promoter.
Deputy Mayor Durso inquired if any thought had been given to the impact the
amphitheatre will have on the residents in the area with regards to the. noise and
traffic.
Mr. Peters said there would be a limited number of events. He stated a lot of the
events will be a small number of people for something like an outdoor movie. He
discussed parking in surrounding areas for special events. He declared there were
ways to control the sound. and barriers "that could be put in place.
Mayor Maingot suggested downsizing the amphitheatre.
Commissioner Bundy discussed the issue of noise. He said we would be better off
with. something of a much more .intimate scale where you would tend to attract
musical events that were more acoustical in nature.
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ConunissionF;r Sackett suggested making the wedding chapel larger to
accommodate; four hundred and put in soccer fields for the rest of -that area. He
said telephone calls will come in and they would have to shut down events.
1Vlr. Peters asl'ced for direction regarding the seating size for the amphitheatre.
Mayor Maingot said seating for 1,000 would be more comfortable and have
vegetation barriers to encapsulate that area to deaden the sound.
Deputy Mayor Durso said he thought it should be smaller, if not gone. He stated
he had some serious concerns regarding the amount of noise and disruptions the
amphitheatre will cause the people in the surrounding neighborhoods.
Cornmissione,r Cortes said he liked the walking. path and the City needed this for
residents.
Mr. Peters said if the amphitheatre is made smaller, there maybe some other
opportunities for the area to the west such as shelters.
Commissioner Bundy suggested some alternatives in shifting the orientation of
the stage that would direct the sound further away from the residential area.
Deputy Mayor Durso left. the meeting at 7:10 p.m. and returned at 7:12 p.m.
Commissioner Corfes requested that an estimate of the cost be provided for a
basketball court and tennis court being placed on the other property behind the
Police Department.
Mayor Maingot said the bell tower was anon-starter from his perspective.
Commissioner Sackett said he did not think a focal point was needed. He stated
there were other spectacular features coming to the City and the bell tower was
not necessary,.
Mr. Peters said from what he was hearing, the sense lie gets is that it wi l be
somewhere between the Inactive. Park and a Dual Purpose Park, depending on
. whether the basketball and tennis courts will work on the property behind the
Police Department. He stated the amphitheatre will be a maximum of 1,000
people, and no bell tower.
Mayor Maingot said they need to accommodate a walking or running path.
Mr. Peters said with this concept, the dirt that comes out of the pond would be
adequate enough to build the amphitheatre. He stated he would nee;d to re-run the
numbers on tl_ie cost. He said that the City will have approximately 6,000 yards of
dirt from the Oak, Ridge, and Talmo Project and tlus Project may cost more now
that there is no where for the dirt to go.
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Mayor Maingot inquired if Mr. Peters would come back to the Commission with a
modification to the concepts.
Mr. Peters responded in the affu-mative.
4: DISCZJSSI®l~T WITII REGARD T®'I'IIE STORMWATER 1VIAPPII~TG.
Mr. Peters gave a brief PowerPoint presentation regarding the 5toimwater
Mapping. He said the Master Plan the City .currently has was done in 1979. He
stated at this time it was not identified on a map which inlets cause the most
problems. He said once they have an uiventory, they will model the drainage
system. He stated the key from the modeling was the last two elements where the
levels of service will be identified and come up with projects for the Capital
Improvement Program (CIP). He reviewed the various levels of service. He
declared the accuracy of the computer modeling was directly propoi-tiorial to the
quality of the mapping. He recommended flying at two levels to obtain the
accuracy needed. He reviewed the various types of maps. He said they will only
map the areas needed for stormwater planning and as' projects are done he can call
for a map of those areas. Tlus will be a cost savings for those projects. He went
over alternative uses of the mapping. He reviewed the Altamonte 1VIa11, Cranes
Roost area, and projects in other communities to show what can be accomplished
with this type of mapping and to spur development. He reviewed potential usages
and projects in Longwood that. could be accomplished with the mapping.
Deputy 1Vlayor Durso said he has been a big proponent of this and supports it.
Commissioner Cortes pointed out an area of land and inquired if the snapping
would help or spur any development in that area.
1VIr. Peters said if an arrangement could be worked out like they did in Port
Orange to have control of the property and pay the owners as it develops, the City
• can pursue economic development or redevelopment. opportunities. He discussed
Florida Central Parkway and creating an alternative route. He stated with the
mapping they can look at alternatives. He said he has been receiving some
feedback from the community and the Commissioners and he wanted to provide
some information on mapping and the substantial benefits.
Commissioner Cortes inquired what length of time it would take. for the mapping.
Mr. Peters advised it would take nine to twelve months. He said there would be
valuable information created all along the process.
Conunissioner Sackett said he had some concerns about this and the cost of
$200,000 that could wait until the fall.
Mayor Maingot said it concerns him of having to do this twice and the increased
cost that would create.
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Mr. Peters said it was almost too late to obtain a clean photograph of the whole
City now that the foliage of the trees has come back. He started they can get the
photographs and mapping needed for Reiter Park for a stortnwater master plan.
He said they= can augment it with some field survey. He stated re-:flying next year
was the vahie of a clean photograph. He said the cost of getting two clean sets of
photographs was approximately $5,000. He stated they can get the areas needed
now, but the:;~ can't wait much longer. He said by doing this, when the economy
turns around they will be prepared.
Commissioner Bundy said what they need the photography and mapping for now
is the Stoimwater Master Plan. He stated if they do it now and move forward,. it
will give the clarity and be sufficient for what is needed for that.
Mayor Main„ot inquired what cost they were looking at for the mapping
component.
Mr. Peters estimated between~$105;000 and $115,000 for the mappuig. This
would leave a balance of $85,000 to $95,000 for the modeling and inventory. He
said staff would be assisting in the field information for the inventory.
. Mayor Main~;ot inquired if they would be able to obtain the produ~:ct needed with
the foliage on the trees.
Mr. Peters responded in the affirmative. He stated they would augment with field
work. He reiterated that this was on the Agenda for information p~uposes. He said
this would nF;ed to go out for RFP and once that is complete it will come back
before the Commission.
5. NEW BUSINESS.
A. Request by City Attorneys for an Executive Attorne3~-Client Session
to Discuss Pending Litigation Pursuant to Section :'56.011(8), Fla.
Stat. concerning Allied Veterans of the World, Inc.: Affiliate 66 v.
City ,~f Longwood, Seminole County Circuit Court Case No.: 10-CA-
941-16-W.
6. ANN®UNC]EMENT. Mayor Maiiigot read the following announcement:
The Members of the Longwood City Commission, Mayor ,John C. Maingot,
Deputy Mayor Joe Durso, Commissioner Sob Cortes, Commissioner I-LG.
"Butch" Su:ndy and Commissioner Brian D. Sackett will mieet in a closed
session with. Daniel W. Langley, City Attorney, A. Kurt :P~rdaman, City
Attorney, K<~trina Powell, City Administrator and a Court >~reporter for the
purpose of discussing pendang litigation concerning Allied `Veterans of the
World, Inc.: Affiliate 66 v. Citv of Longwood, Seminole County Circuit
Court Case No.: 10-CA-941-16-W. 'The estimated length of time for the
closed session will be forty five (45) minutes. 'I'bis meeting will be conducted
in accordance with Florida Statutes 256.011(8).
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7. IZECESS P~JBI~IC MEETING ANI~ OPEN EXECIJ'TIVE AT'I'O12NE~'-
CI.,IEN'T SESSION VVI'I'gI CI'I'~' A'g"I'OI~liTE~'S.
Mayor Maingot announced at 8:12 p.m. that the Commission would recess the.
Public Meeting. The Executive Session was opened at 8:22 p.m.
TERMINA'T'ION OF E~CIT~'IVE SESSION ANT) IaEOPENING ®I+'
PIJBI.IC MEETING.
Mayor Maingot announced the ternlii~ation of the Executive Session at 8:57 p.m.
and reconvened the Public Meeting at 8:58 p.in.
9. AD.IOiTRN. Mayor Maingot adjourned the meeting at 8:58 p.m.
_
John C. M ot, yor
A'I"I'ES'I':
Sarah M. Mires, MMC, MBA, Caty Clem
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This I'a~e ]Deft 131ank Intentionally.
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