CCMtg09-07-10Min L y1? NGWOO il CITY COMMISSIIN
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
September 7, 2010
7:00 P.M.
Present: Mayor John C. Maingot
Deputy Mayor Joe Durso
Commissioner Bob Cortes
Commissioner H.G. "Butch" Bundy
Commissioner Brian Sackett
Katrina Powell, City Administrator
Dan Langley, City Attorney
Kurt Ardaman, City Attorney
Sarah M. Mirus, City Clerk
Troy Hickson, Acting Police Chief
Anthony Stravino, Fire Chief
Patrice C. Murphy, Assistant to City Administrator
Craig Dunn, Information Technology Manager
Fran Meli, Director of Leisure Services
Sheryl Bower, Director of Community Development
Chris Kintner, Planner /Stormwater
Jon Williams, Director of Financial Services
Michelle Longo, Executive Assistant to City Administrator
John Peters, Director of Public Works /City Engineer
1. CALL TO ORDER. Mayor Maingot called the meeting to order at
7:02 p.m.
2. A moment of SILENT MEDITATION was followed by the PLEDGE
OF ALLEGIANCE.
8. PUBLIC HEARINGS. (PART 1)
A. Read by title only, set September 27, 2010 as the second public
hearing date, and approve the first reading of Ordinance No.
10 -1937 which fixes the tentative rate of ad valorem taxation
for the fiscal year commencing October 1, 2010 and ending
September 30, 2011..
Mr. Langley read Ordinance No. 10 -1937 by title only.
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Mayor Maingot opened the public hearing. No one spoke in favor
to the Ordinance. The following spoke in opposition to the
Ordinance:
Frank Watts, 422 East Wildrnere Avenue, said he was under the
impression the tax rate had changed from 5.62 to 5.99. He
inquired if the rate had changed after the notices were sent to the
residents.
Mayor Maingot stated the City was required to submit its best
estimate for the Truth in Millage (TRIM) Notices and the
Commission took the opportunity of giving themselves some
latitude. He said if they had to, they would go up to the maximum
of 5.99. He said for the seventh (7 consecutive year, the City
would hold onto the same millage rate.
Commissioner Sackett moved to close the public hearing.
Seconded by Deputy Mayor Durso and carried by a
unanimous voice vote.
Commissioner Sackett moved to read by title only, set
September 27, 2010 as the second public hearing date, and
approve the first reading of Ordinance No. 101937 fixing
the tentative rate of ad valorem taxation at 4.99 for the
fiscal year commencing October 1, 2010 and ending
September 30, 2011. Seconded by Commissioner Bundy.
Commissioner Cortes said he was in favor of the 4.99. He stated
he conducted some research, and the ruling for TABOR would be
next year and Amendment No. 3 was removed from the ballot. He
said those two (2) issues have him concerned for possibly next
year. He said in 2008, the City had ad valorem revenue of $5.9
million and with the approval of the current proposed budget; the
City would have $4.3 million. He said next year everything would
be going up three percent (3%) and stated he was providing the
information as a precautionary.
Deputy Mayor Durso said what the State Taxing Authority
considers a tax increase, doesn't translate to what the citizens
consider a tax increase. He stated eventually the economy would
rebound and the burden would still be on the taxpayers. He said he
would continue to support the 4.99 rate and expect the City to
continue working on drawing in new businesses, increasing
revenues, annex properties, etc. so they don't have to hit the
taxpayers.
Commissioner Bundy said Longwood was a very stable
community and there were a lot of properties covered under Save
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Our Homes. He said those home values would increase by three
percent (3 %) this year and every year until they reach the current
appraised value. He said if they increase the millage those
protected under the Save Our Homes; it would be an increase for
them. He said the roll back was set by the average. He said the
Commission was inventive and intelligent that no matter what the
State Legislature may throw at them, they would figure out a way
to serve their constituents and understands Commissioner Cortes'
concern. He said some may see a slight increase but was
comfortable with the millage rate.
Commissioner Sackett thanked Commissioner Cortes for bringing
up his concerns. He said at the League of Cities Conference, he
heard from State leaders stating they would be there when it comes
to the TABOR discussion. He stated he agreed with the 4.99
millage rate. He said this was a chance for transformation within
the City and to look at where the City was going. He said he was
optimistic about where Longwood could be and where the City
needed to be, and the City can get there. He said the
transformation was coming.
Commissioner Cortes thanked everyone for their comments. He
said this was more of a concern of where the numbers were today
and where they are going to be next year.
Motion carried by a unanimous roll call vote.
Mayor Maingot said the City of Longwood approved the first
reading of Ordinance No.10 -1937, which fixed the tentative rate of
ad valorem taxation with the millage rate being 4.99 mills for
Fiscal Year 2010/2011.
B. Read by title only, set September 27, 2010 as the second public
hearing date, and approve the first reading of Ordinance No.
10 -1938 which adopts tentative revenues, expenditures and
fund balances for the City's fiscal year budget commencing
October 1, 2010 and ending September 30, 2011.
Mr. Langley read Ordinance No. 10 -1938 by title only.
Mayor Maingot said the Tentative Revenues, Expenditures, and
Fund Balances for the City's Fiscal Year Budget commencing
October 1, 2010 and ending September 30, 2011 were as follows:
the General Fund- $19,201,132, Special Revenue Funds -
$2,058,107, the Enterprise Fund- $3,764,147, Other Fund Types -
$2,205,636, and the Total City -Wide Budget- $27,229,022.
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Mayor Maingot opened the public hearing. No one spoke in favor
or in opposition to the Ordinance.
Commissioner Cortes moved to close the public hearing.
Seconded by Deputy Mayor Durso and carried by a
unanimous voice vote.
Commissioner Bundy moved to approve at first reading,
the Budget as presented, and set September 27, 2010 as the
second public hearing date for Ordinance No. 10 -1938.
Seconded by Commissioner Cortes.
Commissioner Sackett said within the Budget he still had some
issues and he requested information on August 1st for a position
write -up of who was in what position, where they are now, what
was their salary, and to date he had not received that information.
Ms. Powell responded stating they reviewed the information this
afternoon in their meeting and the salaries were in the Budget.
Commissioner Sackett stated they requested the information be
itemized.
Commissioner Bundy said at a previous Commission Meeting,
Commissioner Sackett requested a breakdown of each position and
the salaries. He stated he also wanted to see that information.
Ms. Powell stated the information was in the back of the Budget.
Commissioner Sackett said it was not the detail that he had
requested and wanted the information. He noted the City
Administrator's Office was growing.
Commissioner Cortes stated by reclassifying the Administrative
Secretary and the part-time Clerical Worker to the City
Administrator, they would continue to be assigned to the City
Clerk.
Ms. Powell responded in the affirmative.
Commissioner Sackett noted the Commission had not completed
the annual review of the City Clerk and City Administrator.
Ms. Powell stated her goals and objectives were completed in
December 2009.
Commissioner Bundy said the Commission wanted the goals and
objectives of the City Administrator completed within six (6)
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months of her being hired and review them individually by what
was set. He said per the Charter, the Commission had to conduct
an annual review.
Ms. Mirus read the following from her employment contract, "The
City agrees to increase said base salary of Clerk as part of the
City's annual budget process and in such amount as prescribed by
the City in conjunction with a goal oriented appraisal." She said
since there was no salary increase,, that was the reason why she did
not bring her goal oriented appraisal forward.
Commissioner Sackett requested the goal oriented appraisals for
both the City Administrator and City Clerk brought forward at the
October 4tn City Commission Meeting.
•
Commissioner Bundy said each Commissioner had their own goals
for the Budget. He said his goals were to have a minimum of
twenty percent (20%) unencumbered budget reserves, the millage
rate to remain the same, to move forward on most of the capital
projects, and to avoid layoffs. He said for the second year in a
row, the Commission accomplished his goals.
Motion carried by a four -to -one (4 -1) roll call vote with
Commissioner Sackett voting nay.
Mayor Maingot said the City approved the first reading of
Ordinance No. 10 -1938, which sets September 27, 2010 as the
public hearing date.
3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following
announcement:
A. Senior Matinee will be held on Wednesday, September 15,
2010 from 1:30 p.m. until 3:30 p.m., Longwood Community
Building, 200 West Warren Avenue. This month's feature is
City Island.
4. PROCLAMATIONS/ RECOGNITIONS.
A. District #1 Presentation of the Business Person of the Month
Award for September 2010 to Tony Chen, Owner of Imperial
Dynasty Chinese and Sushi, located at 2045 West State 434.
Mayor Maingot read a brief biography on Mr. Tony Chen, Owner
of Imperial Dynasty Chinese and Sushi and presented him with the
Business Person of the Month Award. Photographs were then
taken.
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5. BOARD APPOINTMENTS.
A. District #5 Nomination to the Parks and Recreation Advisory
oard.
Commissioner Sackett nominated Mr. Alex Trauger, 105 Margo
Lane, to the Parks and Recreation Advisory Board. Nomination
carried by a unanimous voice vote.
6. PUBLIC INPUT.
A. Public Participation. None.
7. CONSENT AGEN I A.
A. Approve Minutes of the August 6, 2010 Work Session, Minutes
of the August 13, 2010 Work Session, and the Minutes of the
August 16, 2010 Regular Meeting.
B. Approval of the September 2010 Expenditures.
C. Approval of the Purchase Order Increase for Maintenance of
Emergency Vehicles.
D. Approval of Resolution No. 10 -1249- Barrington Cap ital and
Maintenance Assessments 2010.
E. Approval of Resolution No. 10 -1250- Golden Groves
Maintenance Assessment 2010.
F. Approval of Resolution No. 10- 1251 - Longwood Groves
Capital and Maintenance Assessments 2010.
G. Approval of Resolution No. 10 -1252- Markham Hills Capital
and Maintenance Assessment 2010.
H. Approval of Resolution No. 10 -1253- Sleepy Hollow Capital
and Maintenance Assessments 2010.
I. Approval of Resolution No. 10- 1254 - Tiberon Cove
Maintenance Assessment 2010.
J. Approval of Resolution No. 10 -1255- Various Road Paving
Assessments 2010.
K. Approval of Resolution No. 10 -1248- Various Wastewater
Assessments 2010.
Commissioner Sackett moved to approve the Consent
Agenda. Seconded by Deputy Mayor Durso.
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Discussion was held regarding Item 7 D.
Commissioner Sackett withdrew his motion.
Commissioner Bundy moved to approve the Consent
Agenda as submitted for Items A, B, C, J, and K and for
Items D through I with the proviso that the Finance
Director and City Administrator set the assessments at the
max assessment as provided, and they would review and
submit those at the next Commission meeting for review.
Seconded by Commissioner Sackett and carried by a
unanimous roll call vote.
Deputy Mayor Durso left the meeting at 8:03 p.m. and returned at
8:06 p.m.
•
8. Pit LIC HEARINGS. (PART 11)
C. Read by title only and adopt Resolution No. 10 -1256, confirming
a paving assessment for the
Rosedale /Lakeview/Magnolia/Pasadena Road paving assessment
area; establishes the assessment roll and provides for the
collection of the assessment on property tax bills.
Mr. Langley announced having proof of publication for this and all
public hearings listed on the Agenda. He then read Resolution No.
10 -1256 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor
to the Resolution. The following spoke in opposition to the
Resolution:
Jean Weingartner, 837 Pasadena Avenue, said she received the
letter stating what her bill was going to be. She stated she spoke
with Deputy Mayor Durso about a year ago, and inquired when
they were going to receive the bill for the paving. She said with the
economy bad and people out of work, they were receiving the bill
and inquired why it took so long to receive the bill.
Commissioner Bundy said there were some issues that had to be
addressed with the paving contractor in the last budget year and it
carried over. He said otherwise they would have received the bill
last year.
Deputy Mayor Durso said there was some confusion with staff and
they can research the matter and provide that information to her.
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Commissioner Cortes moved to close the public hearing.
Seconded by Commissioner Bundy and carried by a
unanimous voice vote.
Commissioner Cortes moved to adopt Resolution No. 10-
1256 as presented. Seconded by Commissioner Bundy and
carried by a unanimous roll call vote.
D. Second reading and adoption of Ordinance No. 10- 1931, Small
Scale Plan Amendment (SPA02 -10) changing the land use
designation on the future land use map of the comprehensive plan
from County Mixed Development to City General Commercial.
Mr. Langley read Ordinance No. 10 -1931 by title only.
Mayor. Maingot opened the public hearing. No one spoke in favor
or in opposition to the Ordinance.
Deputy Mayor Durso moved to close the public hearing.
Seconded by Commissioner Cortes and carried by a
unanimous voice vote.
Commissioner Cortes moved to adopt Ordinance No. 10-
1931 as presented. Seconded by Commissioner Bundy and
carried by a unanimous roll call vote.
L. Second reading and adoption of Ordinance No 10 -1933, Small
Scale Plan Amendment (SPA03 -10) changing the land use
designation on the future land use map of the comprehensive plan
from County Industrial to City Industrial.
Mr. Langley read Ordinance No. 10 -1933 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor
or in opposition to the Ordinance.
Deputy Mayor Durso moved to close the public hearing.
Seconded by Commissioner Sackett and carried by a
unanimous voice vote.
Deputy Mayor Durso moved to approve the second reading
and adopt Ordinance No. 10 -1933 as presented. Seconded
by Commissioner Cortes and carried by a unanimous roll
call vote.
F. Read by title only, set September 27, 2010 as the second public
hearing date, and approve the first reading of Ordinance No.
10 -1929, which amends the Longwood ' Code.
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Mr. Langley read Ordinance No. 10 -1929 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor
or in opposition to the Ordinance.
Deputy Mayor Durso moved to close the public hearing.
Seconded by Commissioner Cortes and carried by a
unanimous voice vote.
Deputy Mayor Durso moved to approve the first reading of
Ordinance No. 10 -1929, which amends the Longwood
Development Code as presented. Seconded by
Commissioner Cortes.
Commissioner Sackett read Section 3.2.0, Site Design Standards,
Paragraph G, "Swimming pools, hot tubs, etc., shall maintain at
least a seven -foot (7') setback from the outer edge of the pool or
pool deck (outermost part) to any side or rear property line, and
shall not encroach into a required front yard setback, unless subject
to 3.2.1 (D)." He gave Sheridan Lake as an example and said there
were pools fenced on three (3) sides and the lake was on the back
side. He asked if it would be required to install a fence and noted
the chain link fencing had to be black vinyl chain link fencing.
Ms. Powell responded in the affirmative.
Ms. Bower stated this would require fencing on all four (4) sides
and said the Commission could change it. She said it was her
understanding the fencing was required on all four (4) sides and
could look into the matter. She said she thought it was a
requirement of the Florida Building Code and . they would look into
the matter and bring the information forward at the next
Commission Meeting.
Motion carried by a four -to -one (4 -1) roll call vote with
Commissioner Sackett voting nay.
9. REGULAR BUSINESS.
A. Read by title only, set September 27, 2010 as the public hearing
date, and approve the first reading of Ordinance No. 10 -1939,
annexing and amending the official boundaries of the City
corporate limits (Voluntary Annexation).
Mr. Langley read Ordinance No. 10 -1939 by title only.
Deputy Mayor Durso moved to approve the first reading of
Ordinance No. 10 -1939 and set September 27, 2010 as the
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public hearing date. Seconded by Commissioner Sackett
and carried by a unanimous roll call vote.
B. Read by title only, set September 27, 2010 as the public hearing
date, and approve the first reading of Ordinance No. 10 -1941,
approval of multi -year continuing services contract with SHI
International Corporation (Enterprise Agreement).
Mr. Langley read Ordinance No. 10 -1941 by title only.
Mr. Langley said the City Administrator and he had some
correspondence concerning a recommendation that he made to
include in the contract a provision for not having appropriation for
future fiscal years which was a requirement of the Code. He said
since this was a multi -year contract, if the City did not have
appropriations funds in future years, then the City could get out of
the contract. He said through the Information Technology
Manager, the City Administrator was working with the vendor to
get the language included into the contract. He said the Ordinance
references the Microsoft Enterprise Agreement and understands
the Information Technology Manager was working to obtain the
information. He said he was recommending those changes.
Commissioner Bundy inquired what would happen if the vendor
did not agree with the changes.
Ms. Powell said she doesn't think the vendor would have any
problems with the language.
Commissioner Sackett said he would like to review the Agreement
as soon as possible. He said when reading the information; the
City was at Level A or Level D.
Mr. Dunn said the City was at the highest tier and it included all
desktops /users. He stated the City was at Price Level D since the
City was piggybacking on the State of Florida contract.
Commissioner Cortes moved to approve the first reading of
Ordinance No. 10 -1941 and set September 27, 2010 as the
public hearing date. Seconded by Commissioner Bundy.
Commissioner Cortes said this Item was for the software licensing
the City was required to have and said in the long run this was
going to be cost effective for the City.
Motion carried by a unanimous roll call vote.
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C. Read by title only, set September 27, 2010 as the public hearing
date, and approve the first reading of Ordinance No. 10 -1942,
approval of multi -year continuing services contract with
SunGard HTE.
Mr. Langley read Ordinance No. 10 -1942 by title only.
Commissioner Cortes moved to approve the first reading of
Ordinance No. 10 -1942 and set September 27, 2010 as the
public hearing date. Seconded by Commissioner Bundy.
Ms. Powell stated the City Attorney wanted the non - appropriation
language added to the contract and said they have spoken with
SunGard and they have modified the contract to include that
language.
Commissioner Cortes noted there were other issues that needed to
be made to the language in the contract and he discussed those
changes with the Inforination Technology Manager. He said he
would like to see those changes removed from the contract and
brought forward.
Motion carried by a unanimous roll call vote.
I . Read by title only, set September 27, 2010 as the public hearing
date, and approve the first reading of Ordinance No. 10 -1943,
approval of multi -year continuing services contract with
Sentry Managed Services.
Mr. Langley read Ordinance No. 10 -1943 by title only.
Commissioner Cortes moved to approve the first reading of
Ordinance No. 10 -1943 and set September 27, 2010 as the
public hearing date. Seconded by Commissioner Bundy.
Ms. Powell stated based on the City Attorney's recommendations,
they have removed Paragraph 18 in its entirety from the contract
and have added the non - appropriation language in Paragraph 25.
She said Presidio Networked Solutions approved those changes to
the contract.
Commissioner Cortes stated the City was going with a company
that provided better services at a lower price and the City was
going to save some money.
Motion carried by a unanimous roll call vote.
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The Conan ission recessed the meeting at 8:37 p.m. and
reconvened the meeting at 8 :48 p.m.
E. Presentation on the Proposed Public Works Facility.
Mr. Peters said the City had an agreement with Florida Department
of Transportation (FDOT) for the purchase of the property where
Public Works was currently' located and for the water tank. He
said the City would receive $2,060,000 and would be required to
be out of the property within six (6) months. He said the City was
finalizing the Myrtle Street dedication and once the transaction
was complete, the City would be closing with FDOT. He said the
closing was October 1, 2010 and they have to be out by April 1,
2011. He stated they looked at numerous properties within the
City and developed plans for each of the properties. He said there
was not a lot of vacant land and property within the City. He said
they have a preliminary site plan for the property that was 3.1
acres. He stated they have completed the geotechnical field work
and said they know where the ground water level was and it's deep
enough. He said the City should have the geotechnical final report
at the beginning of next week. He stated they authorized the
survey work to be completed, and they should be out this week and
would be completed very quickly. He said a few months ago, the
Commission passed a Green Building Ordinance and expressed a
desire to pursue a green building certification on the Public Works
Facility. He said they wanted to achieve the highest level at a
reasonable price. He said on a preliminary basis, they have sixty
five (65) points which was on the lower end of the gold
certification level. He reviewed the ways the. City would currently
be meeting the requirements for Leadership in Energy and
Environmental Design (LEED) Gold. He reviewed the conceptual
drawings for the proposed Public Works Facility. He said at this
point, they were about fifty percent (50%) complete on the design
and stated the structural design was complete. He said he would
be completing the structural shell design of the Facility, and would
be signing and sealing those drawings. He said the Consultant,
Associated Consulting International, Inc. (ACi) would provide the
heating, ventilating, and air conditioning (HVAC) design,
electrical design, and peer review. He said they would be the
consultant for the LEED Certification process and would assist
with specifications for the Project. He then reviewed the Public
Works Facility Projected Budget and said the Grand Total for the
Project was $2,211,708. He discussed the Job Order Contract
(JOC) and how it would be integrated with the proposed Public
Works Facility. He said that Johnson Laux Construction was one
of the City's two contractors, and recently completed the Public
Works Facility for the City of Oviedo and they have a good
reputation. He said they would also have Blue Ox and Superior
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Asphalt. He reviewed in detail the Public Works Facility schedule
and said it's an aggressive schedule but a do -able schedule.
Deputy Mayor Durso thanked Mr. Peters for paying attention to
the stuff for the LEED Certification. He encouraged everyone to
take a tour of the Public Works Facility in Oviedo and said its
lowered their costs and was saving them money. He said he
appreciated the detail in the timeline for the proposed Public
Works Facility and said if there were any changes made to the
timeline, he expected to receive an updated timeline.
Commissioner Bundy said the schedule was an aggressive
schedule and inquired what Plan B was.
Mr. Peters said Plan B was they would be bringing in trailers and
would be working out of the trailers on a temporary basis.
Commissioner Bundy suggested for the backup plan, the offices in
the Fire Administration Building, and it would not cost the City
anything. He said he would like to present FDOT the timeline and
with Plan B. He said the City would be out by April 1, 2011 and
he doesn't see the schedule being met and there would be delays.
He said another issue he had was with the liability. He asked if
there were problems on the project, who would the City sue. He
wanted to know what the chain of command was and who would
be responsible. He said if the City hired an architect and engineer,
they have errors and omissions insurance and it would make the
City whole. He asked if Mr. Peters made a mistake who would
pay for it.
Commissioner Sackett said since Mr. Peters was an employee of
the City, then he would not be held liable and the City would be
held liable.
Mr. Langley said there were different types of liability and the
design professional, if completed in -house for the City; the City
employee would be immune from personal lawsuits under Florida
Statutes and the City would be the party responsible. He said for
professional negligence, the sovereign immunity laws would not
protect the City from lawsuits for professional negligence claims.
He said the City would have the enjoin caps of $100,000 and
$200,000 under the Statutes and those caps would be increasing
next year to $200,000 and $300,000. He said if there was a
professional negligence claim involving a City employee; the City
would assume the liability. He stated the other liability exposure
would be if the in -house engineer created a design defect, be a
cause in the delay of the project, or the cost of the project increased
and the City would not have a third party consultant to go after
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and make it whole. He stated the sovereign immunity laws do not
cap those liabilities and whatever the exposure the City had and the
City would assume that responsibility. He said the Commission
would have to weigh those liability issues.
Mr. Peters said the City could shift some of the responsibility to
the contractor. He said the JOC process places a lot of the burden
on the contractor. He stated in their discus sion tomorrow with
Johnson Laux Construction, they would be discussing that very
point. He said the original intent was to have them provide the
HVAC and electrical consulting services but their mark -up by
contract was very significant. He stated it became apparent going
through ACi was a much more favorable situation for the City. He
said that would be part of the discussion with Johnson Laux
Construction on how they handle the liability situation.
Commissioner Bundy asked if it's permissible to not bid out the
contract.
Mr. Langley said there was a Florida Statute that requires any city
for the public building construction over $300,000 to be
competitively awarded. He said he had yet to receive enough
information to conclude the JOC process, as awarded by the City,
would fall within the Competitively Award, State Law.
Deputy Mayor Durso left the meeting at 9:32 p.m. and returned at
9:34 p.m.
Mr. Peters said the City had used the JOC contractors on
significant projects and provided examples. He said the City had
put out bids in 2008, outlining the scope and size, and was
competitively bided and awarded.
Ms. Powell said in October 2007, the Commission selected the
Gordian Group to develop, implement, and support the JOC
Program. She continued to read an excerpt from the JOC
Handbook.
Commissioner Bundy said he was raising these issues because he
wanted to make sure everyone was aware and to make sure the
City Attorney was on board just in case anything arises from it.
He inquired about the staffing on the Project and questioned if they
would be stretching themselves too thin.
Mr. Peters said the majority of the work the City would be doing
was the underlayment and the recycled concrete in the parking
areas. He said the City would only do the amount of work they
would be capable of doing.
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Discussion was held regarding the relocation of the gas tanks,
obtaining a permit from St. John's Water Management, and metal
siding on the proposed Public Works Facility.
Commissioner Sackett asked the City Attorney how long, he had to
review the information.
Mr. Langley stated this portion of the Agenda came out on
Thursday evening.
• Commissioner Sackett said he was very concerned regarding the
liability. He expressed concern about stretching the staff too thin
while other projects were not completed. He said he was
concerned about the liability and did not want the City to assume
the liability. He said he was not comfortable with the City
Attorney not having enough time to review the information.
Mr. Langley said on the competitive bidding issue, he would need
to come back to the Commission. He said regarding the liability
issue, he provided his comments on the matter earlier in the
meeting.
Commissioner Cortes expressed his concern about the liability. He
asked if ACi would be taking what Mr. Peters had designed and
confirming it meets all the standards.
Mr. Peters said ACi was conducting a peer review and they would
be completing the specifications. He said he did not want be
responsible for the train station being delayed. He said the
schedule was do -able but built in some flexibility.
Discussion was held regarding who would assume the liability
from the signed and sealed drawings.
Commissioner Cortes moved to extend the meeting.
Seconded by Commissioner Bundy and carried by a four-
- to -one (4 -1) voice vote with Deputy Mayor Durso voting
nay.
Commissioner Sackett said they needed to have a Special Meeting
on this matter.
Mr. Peters said they have a deadline and they're trying to achieve
it. He said Public Works was committed to making it happen and
were moving forward on this now.
F. Approval of the Proposal from Associated Consulting
International, Inc. (ACi) for the Public Works Facility.
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Mr. Peters said this Item was in anticipation of the schedule that
was outlined in the previous Item. He said they negotiated a Scope
with ACi to provide the LEED Certification process, peer review,
putting together the specifications, and providing the HVAC and
electrical design as part of their contract.
Larry Adams, President of ACi, 955 North Pennsylvania Avenue,
Winter Park, introduced members of the project team and said they
were all employees of the firm. He stated they were here at the
request of the City for specific services. He said they would be
supervising the professional of record which would be the City
Engineer. He said they would not be signing and sealing the
documents as that would not be allowed by Statute. He said they
were providing a peer review, which was an architectural general,
peer review. He said they would be responsible for the
mechanical, electrical, plumbing (MEP), and fire protection
engineering. He said they brought in a consultant which was done
all the time and was part of the request for proposal (RFP)
requirements. He said they have listened to Mr. Peters and know
they would be responsible for certain things. He said they would
not be the supervising professional so they would not have the
overall responsibility for the project. He said they were providing
architectural specifications and were not providing the structural
specifications, structural engineering, or civil engineering. He said
they have completed many buildings in the LEED Certification
and the commissioning side. He said the specs were created to
integrate all of those issues.
Commissioner Cortes asked what would be required for ACi to
sign and seal the drawings and take responsibility for the Project.
John Cunningham, Executive Vice President of ACi, 955 North
Pennsylvania Avenue, Winter Park, said Florida Statute does allow
an architect utilize someone else's design if they oversee and
review those drawings. He said they would have to keep notes and
records showing they actually reviewed those drawings. He said
they would need to obtain a release from the "design aspect" from
whoever created the design. He said that part could be done and
then it comes down to the fee. He said if they would go to Plan B
there would not be an issue in terms of the schedule at that point.
Mr. Adams stated they did not have a fee presentation tonight for
that scenario and was not asked by staff to do that. He said
originally, they thought that was going to happen so they did
prepare something but did not get to the point of submitting it. He
said it would be approximately $40,000 more than what was being
proposed. He said it's been said the building was a connected
vision and the next important piece of history. He said ACi was
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here to serve the City and that's what ACi's job was. He said they
would not take on the liability for something they would not be
responsible for or supervising. He said there was no question there
had to be a Plan B and need to have an alternative. He said with
Plan B if the City could take some of the pressure off personally,
he would take it off any way. He said the City would still need to
use Plan A as Plan B. He said he would be very careful in taking
on the liability and sometimes that's why you need to have a Plan
C. He said he wants everyone to realize things happen on projects
and if they do, there were lines of responsibility and supervision.
He said they are not attorneys and would defer to the City Attorney
on that matter.
Commissioner Bundy said it's safe to say ACi was not assuming
very much of the liability for any work product that was not
produced through your office.
Mr. Adams said that was in their agreement. He said he does not
want to have confusion over that.
Commissioner Bundy said ACi was accepting the liability and
responsibility only as far as it was not impacted by things required
to be delivered to ACi prior to their completion.
Mr. Adams stated ACi would be a sub - consultant.
Commissioner Bundy stated ACi's ability to perform would be
based on certain things getting to ACi in a timely fashion. He said
one thing Mr. Peters mentioned was if they went in another
direction, they would need to negotiate a new scope of services.
Mr. Adams said ACi would modify these services to include the
additional services.
Commissioner Bundy inquired how long ACi had been negotiating
the scope of services.
Mr. Adams responded stating a couple of weeks. He said if it was
required due to the timing, ACi would have it in the City's hands
by Friday.
Mayor Maingot asked if ACi had to start from scratch, how long it
would take ACi to get up and running to the point of where they
were tonight.
Mr. Cunningham responded stating from the drawings that were
presented earlier in the evening about a week at the most.
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Mayor Maingot inquired if ACi would be able to sign and seal
those drawings.
Mr. Cunningham said the drawings presented tonight were
schematics and concept drawings. He said to sign and seal the
drawings, ACi would need to spend some time with the
consultants, Mr. Peters, and the Building Official to make sure
they understand what the requirements were and could come back
to the Commission in a week to give them an idea of what that
would be. He said the drawings that were presented this evening;
it would take ACi about a week. He stated Mr. Peters had done a
lot of the leg work, what the program was, and what the
requirements were.
Mayor Maingot said it would appear the liability issue was not
going to go away. He said the project needed to move forward and
to do something about it. He said the Commission needed to have
a comfort level, an understanding, and relief of the pressure
regarding the liability issue. He said at the same time, they have a
timeframe and needed to move forward.
Mr. Adams said ACi would not want to take on the schedule that
was presented, starting over, being responsible and guaranteeing
the schedule. He said ACi would not take on the liability for the
schedule. He stated the performance, productivity, and ability to
get everything completed that Mr. Peter's wanted, the consultants
and the team would have to accomplish and transfer liability, then
ACi would have to take responsibility and there would be some
adjustment. He said the timeframe to make the adjustment would
be minor unless you were saying ACi would take on the liability to
be open by April lst. He stated ACi was not here to change
something Mr. Peters was trying to do, which was the design of
this project. He said Mr. Peters was the professional that would
take the City all the way through and ACi would support that. He
said its time to get it done and what would be the best way of
completing it. He said there was no Statute that prevented it.
Commissioner Cortes said he would not be putting the liability of
the timeframe on ACi and that would be on the City. He provided a
scenario that concerned him with possible damage to the building
and the City would be held liable for the damage.
Mr. Cunningham provided an example of a recent project ACi
completed in Coral Gables, and there was damage to the building
and was able to ascertain who was responsible for the damage
within a few hours. He said the problem was swiftly taken care of
and that was done three and a half (31/2) years after the building
was opened.
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Commissioner Cortes said that's the kind of comfort he was
looking for and everyone would blame Mr. Peters as the supervisor
of record.
Mr_ .Adams said everyone would be involved no matter what
happens. He stated the issue was the supervising professional and
has the ultimate responsibility to supervise all the information,
directives, and standard of care. He said ACi would have certain
exclusions of liability, which were very strong and he reviewed
those with Mr. Peters. He said they were getting the benefit of
having ACi and not the insurance policy unless it's something ACi
did that was directed by ACi and provided examples of
landscaping or civil engineering. He said that's not what Mr.
Peters was doing, and there was an overall difference and wanted
to make sure that was understood.
Deputy Mayor Durso said he had some general concerns about the
project as a whole. He said there were a number of things that
bothered him and the first issue was the liability. He said there
were no clear cut answers on the liability issue and the City
Attorney was not given the ability or the information needed in
time to address some of these issues. He stated he spoke with the
Attorney and he needed more time to develop an answer. He said
they were getting ready to spend $2 million on the building. He
said the second issue he had was the staffing issue. He said they
always talk about how departments within the City were over
funded and too big. He said earlier it was stated they would not
have the manpower to do the job and this was a separate issue that
needed to be addressed. He said the third issue was the funding.
He said the City gets what they pay for and he would like to know
from the Commission where everyone stands on paying the
additional $40,000.
Mr. Peters said they were going to have a meeting with FDOT to
discuss relocation costs. He said the problem with Plan B would be
on the City's dollar and FDOT would pay for relocation one time.
He said Public Works would have to relocate their equipment, gas
tanks, garage lifts, and inquired where they were going to put
them. He stated now they were going to have to find a site to put
the equipment. He said there was the added cost of the
consultant's fee, the added cost of relocation twice, and location of
where to put the equipment in Plan B. He stated they cannot pursue
with the site plan until they know where they were with the
building. He said the only way the City can get away from the
liability was to have the consultant do all of the project. He
expressed his concern was with the additional relocation costs and
finding a place to put the equipment.
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Mr. Cunningham said ACi would embrace the site plan and there
were pieces they could find the final location in a fast tracking way
as they were doing the site planning. He said they could put
foundations or piping down and build the building around it. He
said they could move the equipment effectively.
Commissioner Sackett said he had always been under the
understanding there would have to be a Plan B. He said with the
schedule being so tight, the City would have to move things twice
in either scenario. He said he would like to see Plan A Schedule
and Plan B Schedule, and discuss it next Monday.
Mr. Peters said he had an operation to run and if they went with
Plan B, which was the office component and has forty (40)
personnel that go through the building. He said he has to operate a
fleet maintenance area and inventory they would need access to,
and that's why they have an aggressive schedule and could not
afford to go with Plan B.
Commissioner Bundy said there would be some things that would
have to be packed up and relocated twice. He said the site should
be sufficiently far along that they would be able to relocate the fuel
tanks. He said there would be things that would be able to be .
relocated and things that would not be relocated. He said it may
cost the City to have the fleet maintenance done at one of the local
facilities because the City won't have the lifts. He said they should
not be asking where Plan B was at this stage of the game. He
stated it should have been part of the package that was presented
tonight. He said the schedule was very tight but do -able. He said
they have $75 million worth of development that was dependent on
Public Works moving out on time so the City would have the
Commuter Rail Station. He said the Commuter Rail Station was
going to have an economic impact on Longwood and the project
was too important.
Ms. Powell said in order to move this forward she was going to
recommend the Commission authorize her to move forward and
negotiate a contract. with ACi to design and build the facility.
It was the consensus of the Commission with Deputy Mayor Durso
voting nay to have the City Administrator meet with ACi and bring
forth a proposal, and to hold a Special Meeting on September 14,
2010 at 5:00 p.m.
10. CITY ADMINISTRATOR'S REPORT.
Ms. Powell said the City would be having the September 11 Program
beginning at 9:30 a.m. and City staff was working very diligently on the
Program. She said on September i 8 the City would be hosting the Tri-
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3
•
County League of Cities Luncheon and invited the Commission to attend.
She said the luncheon was being sponsored by Johnson Controls. She said
the Longwood Business Reception was being held on September 22 and
letters had been sent to all of the areas businesses. She said Royal Press
provided the flyers and posters for the Business Reception.
Commissioner Sackett noted the flyers had Ms. Murphy listed as the City
Clerk.
Ms. Powell said it went out before Ms. Mirus returned from maternity
leave.
Commissioner Sackett said Ms. Murphy was never the City Clerk; she was
the Acting Deputy City Clerk.
Ms. Powell said art was being displayed around the City buildings and
they were from Ms. Linda Jacobs Art Classes that she teaches on Friday
evenings and Saturday mornings. She said she received an invitation from
the Florida Fish and Wildlife Conservation Commission requesting input
on a plan to manage the Florida black bear and will be held on September
8 at 3:00 p.m. in the Deltona City Hall. She inquired if the Commission
wanted to provide input on the matter. She asked for direction from the
Commission with regards to her goal oriented appraisal.
Commissioner Sackett said he would like to see the information updated
and brought forward at the October 4 Commission Meeting. He said the
annual review was completed in accordance with the City Charter.
Commissioner Bundy noted that it would give the City Attorney the
opportunity to review the City Clerk's Contract and see if she would be
required to present a goal oriented appraisal.
11. MAYOR AND COMMISSIONERS' REPORT.
District #1. Mayor Maingot thanked Deputy Mayor Durso for stepping -in
for him at the Mt. Olive Missionary Baptist Church. He said he was on the
Florida League of Cities Legislative Policy Committee and the Committee
focused on energy and environmental quality. He stated for him, it was a
very frustrating experience because eighty five percent (85 %) of the
Members of the Committee were progressives and most of his time was
spent trying to defend normalcy. He said he attended Pension Reform;
Effective Strategies for Reducing City Pension Costs and brought back
with him the materials. He said this was something the Commission and
the City Administrator needed to study. He stated it was the consensus
things were not going to get any easier; they were going to get more
difficult in the coming years. He said as the years move forward, cities
were going to find it difficult meeting all those commitments. He stated
there were a number of solutions being proposed which would mitigate the
affairs of the particular people involved. He congratulated Commissioner
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Bundy on his appointment as Chair of his Committee with the Florida
League of Cities. He said on August 17 Envision Seminole- Future
Planning Work Shop was held at Progress Energy and was very effective.
He stated on. August 30 he attended the Wekiva Environmental
Protection Sub - Committee and completed all aspects of protection. He
said there was an increase of pollution (trash) being placed into the
Wekiva River by a number of people utilizing the facility. He said on
September 1 he attended the Council of Local Governments in Seminole
County (CALNO) Meeting that was hosted by the Seminole County
School Board and it was held at the new Midway Elementary Magnet
School in Sanford. He said he was thoroughly impressed and encouraged
his colleagues to take a look at the School. He said on September 2 1ta
Good Morning Seminole was held at Lyman High School and the speaker
became ill and the City's emergency medical service (EMS) staff
responded to the situation and thanked them for responding. He thanked
Ms. Longo and Officer Kim Zeh for doing a tremendous amount of work
for the September 11 Ceremony. He said Royal Press produced for the
City 1,000 flyers to promote the Ceremony and those flyers were being
placed in different areas of the City.
istrict #2. Deputy Mayor Durso said he had the privilege of
representing the City at the Mt. Olive Missionary Baptist Church and it
was a great experience. He said there were a number of informative
sessions held at the Florida League of Cities Conference in regards to the
red light cameras, green ordinances, and taxes. He said he sat on the
Growth Management and Transportation Committee and some of the
priorities the Committee assigned this year included Amendment No. 4,
the many local - option fuel taxes, and transportation funding overall. He
said due to budget cuts, transportation funding overall was going to be a
bigger issue for the Florida League of Cities and they were taking a
significant hit. He stated they were concerned because of Commuter Rail,
High Speed Rail, and the state of the highways and bridges located in the
State. He stated he represents the Commission on the MetroPlan Orlando
Municipal Advisory Committee and he wanted to make the Commission
aware of a few items. He said he sat on the Sub - Committee for Quiet
Zones and the Committee was trying to get the trains quiet for sixty -one
(61) miles when coming through. Central Florida. He said there will be a
Work Shop on October 27, 2010 and its soliciting public input on the
trains. He said at the Work Shop, they will also be providing the public
with information about the process and Federal funding that would be
available for the intersections. He said the projects along State Road 434,
from Interstate -4 to Rangeline Road and Rangeline Road to Ronald
Reagan Boulevard have been moved -up in priority by MetroPlan Orlando.
He said in the near future he wanted to receive an update and additional
information on their reThink Project with MetroPlan Orlando.
District #3. Commissioner Cortes thanked staff and the Commission for
all of their hard work that was completed during the Budget Work
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Sessions. He asked the Commission who were going to attend the
Business Reception on September 22 to let everyone know why he was
unable to attend and let them know he would see everyone at the next
Reception. He said in the near future, he would like to see something
similar to the Business Reception set -up for the Homeowner's Association
Boards to have an opportunity to network. He would like to show his
•
appreciation to the staff of Public Works, Fire Department and Police
Department and stated it had been an extremely hot summer and his hat
goes off to those working in the heat. He said hopefully relief would come
soon.
District #4. Commissioner Bundy thanked everyone for the well wishes
on being named Chairman of the Intergovernmental Relations Committee.
He said one of his areas of concern was economic development and had
convinced other Members of the Committee to address economic
development through their Land Development Codes. He said he would
be calling on the Conununity Services Department to assist with a possible
presentation for the next Committee Meeting. He inquired about an
update from the engineers regarding the Barrington wall and stated the
City was still waiting for their report. He said this was a couple months
ago and it was mentioned again by Commissioner Sackett about a month
ago, the Commission had a request from a gentleman regarding a septic
system and staff gave tentative approval to start the work but the
Commission was going to have to change the Ordinance.
Ms. Powell - responded stating staff had met with him to work something
out and did not feel it was necessary for him to have hook -up to the sewer
for an eight hundred (800) sf building when the septic was not failing.
Commissioner Bundy said the Commission asked the Commission Rules
and Procedures to be brought forward and inquired as to the status of
when the Rules and Procedures were corning before the Commission.
Ms. Powell said they were sitting on it and it was done. She said the
Commission was supposed to get with staff to discuss the items they
would like to see before presenting the Resolution to the Commission.
She said she had not heard from anyone.
Commissioner Bundy said he had met with her early on and encouraged
the Commission to meet with the Administrator in order to move the item
forward.
District #5. Commissioner Sackett said the City had a good Acting Police
Chief and provided an example of a problem which the Acting Police
Chief was able to resolve. He said he discussed with the City
Administrator today, three (3) concerns about sulfur water in the Highland
Hills Subdivision and Tiberon Cove area. He said residents were
complaining when taking showers it smelled like sulfar and the water
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pressure was low. He said at the League of Cities, he attended several
classes and also attended a class called "What is the New Normal ?" and
would like to do a write -up on it and the discussion from the lessons
learned. He said he would be attending the September 11 Ceremony at
9:30 a.m. and at 10:00 a.m. would be attending the Opening Ceremony for
Babe Ruth Baseball at Candyland Park.
12. CITY ATTORNEY'S REPORT.
Mr. Langley stated he had not received a response from Public Risk
Management (PRM) regarding the extending coverage for the Allied
Veteran's case would be offered to the City or not. He said they are
covering initially the defense of the case under the Inverse Condemnation
Coverage, which had a cap of $100,000. He said as the Commission saw
from the Wicker, Smith Law Firm who had taken over the Defense had
quoted $125,000 to $175,000 to defend the case to the Summary Judgment
stage, which was not the complete case. He inquired what would happen
if they go over the $100,000 in legal expenses. He said if the excess
carrier does not pick that up, then the City may get this case back. He said
unfortunately that had not been determined, and Ms. Betsy Persona with
Gallagher Bassett stated it was typical for the excess cover to take a while
to make that determination. He said hopefully they would come back with
a positive coverage result on the matter and wanted to make the
Commission aware of the status.
13. CITY CLERK'S REPORT. No report.
14. ADJOURN. Mayor Maingot adjourned the meeting at 11:18 p.m.
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John C. Ma': ; : , ! a, or
ATTEST:
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Sarah M. Mirus, MMC, MBA
City Clerk
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