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CCMtg08-23-10Min(SP) ILONGWOO CITY COMMISSI ••N Community tevelopme, 1 Department, Conference 'room 174 West Church Avenue Longwood, Florida SPECIAL MEETING MINUTES AUGUST 23, 2010 6 :00 P.M. Present: Mayor John C. Maingot Deputy Mayor Joe Durso Commissioner Bob Cortes Commissioner H.G. "Butch" Bundy Commissioner Brian Sackett Dan Langley, City Attorney Katrina Powell, City Administrator Sarah M. Mirus, City Clerk John Peters; Director of Public Works /City Engineer 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 6:00 p.m. 2. PURCHASE OF THE PROPERTY FOR THE PUBLIC WORKS FACILITY. Mayor Maingot asked the City Attorney if he had read the document that was amended and if he concurred with all of the changes that were suggested and if those changes were made. Mr. Langley responded in the affirmative. He noted the purchase price had been changed to $475,000. Mayor Maingot asked the City Attorney if the City's interests were protected.. Mr. Langley responded in the affirmative. He said if the City was obligated under the contract to close on the property, and the City decided not to close on the property and defaulted on the contract, then the City's responsibility would be limited to the liquidated damages of the deposit to the sum of $35,000. He said that did provide for protection. Commissioner Cortes noted in the Addendum there were several outs and without any obligation to the City. CC 09 -14- 10/273 Mr. Langley stated there were several outs that were built into the contract for the City. He then provided examples. Commissioner Bundy said if those conditions were not met, then there wouldn't be any exposure. Commissioner Sackett said was satisfied with the contract that included the changes. Commissioner Cortes said with a signed contract and if something was found in the survey or Phase I- Environmental, and inquired if there was a process. Mr. Langley said the City had a due diligence period of ninety (90) days to look at the property and that would include -a survey, any environmental assessments, and to notify the seller of any issues. He said the City can request the seller to correct those issues or tee urinate the contract within the ninety (90) days. Mayor Maingot stated there has been a stand -off between SunRail and Amtrak regarding the liability and liability coverage. He said he had not been involved in the recent dealings with Florida Department of Transportation (FDOT) and did not know their position. He requested the City Administrator to check with Congressman John Mica's Office regarding FDOT and the Federal funding. He said he wanted to ensure the funding was there for the City's Station. He didn't want the City to go out on a limb for the $475,000 if the funds were not readily available. Ms. Powell said with regards to the Federal Government, they had nothing to do with the money that had been given to the City. She stated the money was coming from FDOT and was already in the works. She said that had been worked out and they are working on a date to close on all of the properties. She stated regardless if FDOT does or does not build the Station, they've already purchased the properties. Mayor Maingot asked if there was any way FDOT could back out of the deal. Ms. Powell responded in the negative. She stated FDOT had signed the documentation stating they were purchasing the property. Mayor Maingot asked if the City was going to have the money in hand before closing on the property. Ms. Powell responded in the affirmative. Mayor Maingot asked who would be signing -off on the prepared plans completed by Mr. Peters for the Public Works Facility and at what cost. CC 09 -14- 10/274 Mr. Peters said the Building itself was a structural shell and he would be signing -off on the structural design and the site plan. He said there would be another consultant that would do the heating, ventilating and air conditioning (HVAC) system and the electrical system. Deputy Mayor Durso inquired how would this help with the Leadership in Energy and Environmental Design (LEED) Certification. Mr. Peters said the contractor would have a LEED Certified professional and they would assist with the application process. He said right now the Facility was designed to achieve the gold certified. Mr. Peters said the Job Order Contract (JOC) Contractor, Johnson Loch had a LEED Consultant. Commissioner Bundy suggested at the next Commission meeting to have a presentation on the Public Works Facility. Mayor Maingot stated he received a telephone call this morning from Mr. Larry Adams with Associated Consulting International (ACi) and said that he was getting the run around. He said one of the reasons why they went through Mr. Peters was the City would accrue a substantial savings rather than to go with someone else. He said it's appropriate to tell it as it is and state the City was in a tight budget year rather than leaving it in the air. He said the City needs to foster those relationships and not to burn those bridges. Commissioner Bundy questioned why the City went through the request for proposal (RFP) with Bentley Architects + Engineering and ACi, if they were going to bring a firm that had not been vetted by the City and brought in for the architectural portion of the project. Mr. Peters said one of the concerns was they had a fixed budget and the contract with FDOT was for $2.06 million. He said the $2.06 million was not a whole lot of money, and met with Mr. Adams and his staff, and discussed the Facility. He said the Facility was going to be a metal building and as they went through the process, it became evident they were going to have a very difficult time to build a building and stay within the budget. He said currently Public Works was a little less than 11,000 square feet (sf) and he was proposing a Facility between 9,200 sf and 9,300 sf. He stated it's substantially less but made more efficient. He said he received the cost estimates from Johnson Loch last week and his concern was whether or not there was enough money. He said the budget was very tight. Commissioner Bundy stated the City was bringing in a third party. Ms. Powell said Johnson Loch was part of the JOC. Commissioner Bundy said Johnson Loch was not LEED Certified. CC 09 -14- 10/275 Mr. Peters said Johnson. Loch was a LEED Professional. He said they use another consultant to assist with the LEED Certification process. He stated two members on their staff were LEED Professionals. Commissioner Sackett stated the Commission needed a very through presentation at the September 7, 2010 Commission Meeting. Commissioner Cortes said he did not see the need for spending $150,000 on the architectural design of a steel building /warehouse. Deputy Mayor Durso said that it's not just a steel building, if the City was going for a LEED Certification. He said there would be many technical requirements that would be required in the building. He said people who put up average steel buildings don't necessarily have the education and/or the certification. He said if the building was done right, the savings that would be achieved over time would more than make up for the money that was spent. Mayor Maingot said the decision the Commission needed to make was the purchase price of the property for $475,000. Commissioner Sackett inquired if the City proposed a different purchase price. Mr. Peters said he asked the real estate agent to provide him with a competitive market analysis of other sales that have occurred in Seminole County. He said the lowest price was $4 per sf, and said that $4 worked out to be $500,000 and he could not go much lower. He said there are not many properties in Longwood and to have a piece of property large enough to put the Facilities on. He stated Public Works needed 3 acres at the minimum and the property was approximately 3.1 acres. Deputy Mayor Durso moved to accept the contract as submitted. Seconded by Commissioner Cortes. Commissioner Cortes inquired where was the $35,000 deposit coming from since the City had not received the money from FDOT. Mr. Peters said he had spoken with the Finance Director earlier today and the money the City would need to put up was $10,000. He said the money could be taken out of the General Fund or a loan could be made from one of the Enterprise Funds. He said the remaining $25,000 would be required after the City closes with FDOT. Commissioner Cortes inquired about the $10,000 deposit and if it would be required to modify the budget or to do a balance transfer. CC 09- 14- 10/276 Ms. Powell said she would need to discuss this with the Finance Director and she would inform the Commission of what they would do. Commissioner Bundy noted the $10,000 deposit would be due upon the signing of the contract. Ms. Powell said after speaking with Mr. Peters, they could do a transfer from within the General Fund and it wouldn't have to come before the Commission. Motion carried by a unanimous roll call vote. 3. ADJOURN. Mayor Maingot adjourned the meeting at 6:32 p.m. �l t� John C. Ma' , Ma or ATTEST: Sarah M. Mirus, MMC, MBA, City Clerk CC 09 -14- 10/277 This Page Left ]Blank Intentionally. CC 09 -14- .10/278