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CCMtg09-06-11Min ILONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West: Warren Avenue Longwood, Florida MfNUTES September 6, 2011 7000 I.M. Present. Mayor Joe Durso Deputy Mayor bolo Cortes Commissioner John C. Maiangot Commissioner H.G. "Butch" Bundy Commissioner Brian Sackett Jon Williams, Acting City Administrator Sarah M. Miruns, City Clerk Troy Hickson, Police Chief Fran Meln, Director of Leisure Services John ]Peters, Public Works Director /City Engineer Paul ]Boss, Acting Fire Chief Sheryl bower, Director of Community Development Sei°vices 1. CALL TO ORDER. Mayor Durso called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by ,the PLEDGE OF ALLEGIANCE. 10. PUBLIC HEARINGS. (PART 1) A. ]head by title only, set September 19, 2011 as they public hearing date, and approve the first reading of Ordinance No. 11 -1970 which fixes the tentative rate of ad valorem taxation for the fiscal year commencing October 1, 2011 and ending September 30, 2012.. Mr. Langley read Ordinance No. 11 -1970 by title only. He then read the following statement: The City of Longwood hereby proposes for FY 2 011/2012 a millage rate 4.9900 per $1,000 of non - exempt assessed valuation. Said rate is 6.34% lower than the rolled -back rate of $5.�277 per $1,000 of non - exempt assessed valuation as computed by F.S. 200.065. CC 09- 06- 11/225 i i Mayor Durso 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 Cortes and carried by a unanimous voice vote. Commissioner Maingot moved to approve the first reading of Ordinance No. 11 -1970 and set September 19, 2011 as the public hearing date. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. Mayor Durso said the City of Longwood has approved the first reading of Ordinance No. 11 -1970, which fixes the tentative rate of ad valorem taxation at a millage rate of 4.99 mills for Fiscal Year 2011/2012. B. Read by title only, set September 19, 2011 as the pudic hearing date, and approve the first reading of Ordinance loo, 11 -1971 which adopts tentative revenues, expenditures and fund balances for the City's fiscal year budget commencing October 1, 2011 and ending September 30, 2012. Mr. Langley read Ordinance No. 11 -1971 by title only. Mayor Durso announced the Fiscal Year 2011/2012 tentative revenues, expenditures, and fund balances for the City's fiscal year budget commencing on October 1, 2011 and ending September 30, 2012 were as follows: General Fund $18,597,915 Public Utilities $ 5,365,665 Public Facilities Improvement $ 1,123,257 Capital Projects $ 1,362,595 Stormwater Management $ 1,891,408 Other Funds $ 148325 Total Resources 528,489,165 Mayor Durso opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Deputy Mayor Cortes moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous voice vote. Deputy Mayor Cortes moved to read by title only Ordinance No. 11 -1971 and set September 19, 2011 as the CC 09 -06- 11/226 public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. Mayor Durso said the City of Longwood has approved the first reading of Ordinance No. 11 -1971, which sets September 19, 2011 as the public hearing date. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcement: A. The City of Longwood Gathers in Remembrance of 9 -11, Longwood Police and Line Administration Building, 235 West Church Avenue, on Sunday, September 11 2011!at 7:00 p.m. 4. PROCLAMATIONS/ RECOGNITIONS. A. District 94 Presentation of the Business Person of the Month Award for September 20111 to Mary Ann Sherriff, Senior Vice President, Longwood Market Manager, located at 502 North Highway 17 -92. Commissioner Bundy read a brief biography on Ms, Mary Ann Sherriff, Senior Vice President, Longwood Market Manager, and presented her with the Business Person of the Month Award for September 2011. Photographs were then taken. 5. BOARD APPOINTMENTS. A. District #4 Nomination to the Parr and Recreation Advisory Board. Commissioner Bundy deferred the nomination to the next Commission meeting. 6. PUBLIC INPUT. A. Public Participation. None. 7. MAYOR AND COMMISSIONERS' REPORT. District #3. Deputy Mayor Cortes congratulated all the candidates that ran unopposed. District #4. Commissioner Bundy discussed the Request for Qualification's (RFQ) that were outstanding and feels very, strongly the City does not need to be moving in that direction. Commissioner Bundy moved to reject the RFQ's that were submitted and move forward with the financial management analysis proposed by Associated Consulting International (ACi) and instruct staff to do so. Seconded by Commissioner Sackett. CC 09 -06- 11/227 Mayor Durso asked the City Attorney if this should be an agenda item or could they discuss the matter now. Mr. Langley stated if there was the consent of the Commission, they could discuss the matter now or by a vote of the Commission, they could add it to the agenda. He inquired about the particular RFQ in question. Commissioner Bundy stated it was the Transit Oriented Development (TOD). Mr. Langley stated it was RFQ No. 04 -11, Heritage Village /TOD Redevelopment Strategy. Commissioner Bundy said there were four (4) companies who responded to the RFQ and feels they have the companies who were already under the Continuing Services Contracts. He provided the specific firms that were under the Continuing Services Contracts for engineering and planning. He stated they didn't need to bring someone new into the pipeline. He said that he felt very strongly that the Request for Proposal's (RFP) for the previous Continuing Services Contracts that were issued a year and a half ago took into consideration the TOD and the transit system. He stated that he feels the companies that responded at that time were more than qualified to do what they need to accomplish as far as the details, and he trusts staff to work with those people to accomplish what we need. He said in the interest of time they don't need to be changing horses in the middle of the stream. Discussion was held regarding the qualifications of the firms who were under the Continuing Services Contracts versus those firms who responded to the RFQ for the Heritage Village /TOD Redevelopment Strategy. Commissioner Maingot stated that he still had some concerns in terms of exactly what we're looking at and what we needed. He said that he did not have an opportunity to research it, so he would prefer to be able to look at it and determine and consult with staff to detennine whether what we have will take care of the City's needs. Mayor Durso asked Commissioner Bundy if he wanted to postpone this tonight or postpone it until the next meeting. Commissioner Bundy said if they postpone it until the next meeting then they're postponing it again for at least thirty (30) days because they won't be able to take any action at the next meeting that was going to move the City forward. He said they sent the Commission the discs of the RFQ's and the responses a month ago, and he has looked at them in the interim. CC 09- 06- 11/228 l Mayor Durso suggested to Commissioner Bundy that he make the motion during the Additions /Deletions portion of the Agenda and they would add it to the Agenda. Mr. Langley said there was an active motion on the table, so they needed to deal with it. Deputy Mayor Cortes asked when the RFQ's went out, did ithe firms under the Continuing Services Contracts have to resubmit a bid or since they were already under contract, they chose not to. Commissioner Maingot said he wanted enlightenment from Ms. Bower as to what Commissioner Bundy was proposing and what her 'additional requirements were and where do they stand. He stated they all want to work for the same thing and wants it clear in his mind before he votes. Ms. Bower stated that she wanted to clarify one (1) thing. She stated last year when they went out for the Continuing Services Contract, there was a planning portion to that, but it was pulled because of the fact each planning job was different. She stated she thought at that time it was better when they had a project that dealt with plamling and that they would offer specifically for that project. She said that does not mean that ACi isn't qualified to do some of it and outlined specific sections of the RFQ in which ACi did not have experience. She stated ACi could have submitted a team that could have covered those specific sections as she previously outlined, but for some reason they chose not to and was surprised they chose not to participate. She said it would have been a good opportunity for them and they would not be in the situation they were in now, if they gone in with a team. Mr. Williams said there was an existing contract outside of the contracts that were referred that permits ACi, if the Commission decides to go this route, to do this type of work, and that contract was executed in May 2006. Commissioner Bundy noted it was further expanded in 2007. Mr. Williams said the other part of the existing Professional Services Contracts would be part of the other team that would come on board in terms of engineering. Discussion ensued regarding ACPs experience, the requirements outlined in the RFQ and turning over the project to those companies who were under existing Continuing Services Contracts. Discussion was held regarding the experience of the companies who were under the existing Continuing Services Contracts and the vagueness of the Longwood Development Code and building flexibility into the Code. CC 09 -06- 11/229 i Commissioner Sackett inquired the cost of the RFQ. Ms. Bower stated it was about $150,000. Commissioner Sackett asked if they worked with ACi as to what their involvement would be, would it still be $150,000. Ms. Bower stated it would probably be more. She said they have talked about some of the different areas they could utilize ACi and then outlined in detail those areas. Discussion was held regarding the timeline for the Project, holding a Special Meeting in the very near future, and the cost of the Project. Discussion was held regarding staff's recommendation concerning the RFQ and the question of the irregularity in the RFQ interviews. Motion failed to carry by a three -two (3 -2) roll call vote with Deputy Mayor Cortes and Commissioners Maingot and Sackett voting nay and Mayor Durso and Commissioner Bundy voting aye. Commissioner Maingot moved to hold a Special Meeting to bring in other potential people to perform the services they require and have it done as soon as possible. Discussion was held regarding the pending motion. Mayor Durso stated that he was going to take a five (5) minute break to speak with the City Attorney and to make sure they were handling the matter correctly. The Commission recessed at 7:45 p.m. and reconvened at 7:53 p.m. Commissioner Maingot withdrew his motion. Mr. Langley stated that he wanted to make sure what Commissioner Maingot intended to provide, that under RFQ No. 04 -11, the submitters would be scheduled for a Special Meeting before the City Commission to come before them for a presentation and a ranking by the Commission. Commissioner Maingot moved to schedule a Special Meeting to hear the presentations and to make rankings of the submittals under Request for Qualification (RFQ) No. 04 -11- Heritage Village/ TOD Redevelopment Strategy. Seconded by Deputy Mayor Cortes. CC 09 -06- 11/230 Discussion was held regarding the outstanding RFQ No. 04 11, the possibility of opening the City to pending litigation with the companies that were under existing contracts and the possibility of rejecting the RFQ. Motion carried by a three -two (3 -2) roll call with Mayor Durso and Commissioner Bundy voting nay. Commissioner Bundy said he had another item that has been bothering him for quite a while. He said everyone knew about his opposition to using the Job Order Contracting (JOC) process for building a building that was seven (7) times larger in cost than what was the maximum for the JOC qualifications. He stated the problem they've had with that was the lack of controls. He stated what he would like to do was change the JOC or have the Acting City Administrator bring forward changes in the JOC and to put a hard cap of $75,000 on any JOC contract, to include the total cost involved, both if they're going to use The Gordian Group for providing the cost estimates to the contractor or anything. He said for any project, they cannot do $75,000 or less and it was his contention the City would be far better off bidding it out in a traditional. sense, especially with the construction market the way it was today. Commissioner Bundy moved for a consensus to bring it forward as a hard cap for the JOC to the next meeting. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. District #Se Commissioner Sackett said this weekend was the Grand Opening at Longwood Babe Ruth Baseball. He said this was an event that brings out about 1,500 people. He said there were approximately 800 players this year. He stated the Woodlands Elementary School has accepted 100 students from Longwood Elementary School land the students have been received with huge open arms. He noted the students love their-new School and the bus service was working well. District #L Commissioner Maingot noted Serenades at Sonata had their Grand Opening and there was a need for such a service and it was rapidly expanding. He said this was a top of the line facility for Alzheimer's care located by Lyman High School He extended an invitations to the City of Longwood's Gathers in Remembrance of 9 -11. District #2Q Mayor Durso said he had a conversation withIChief Hickson prior to the meeting and over the past week, he ran into a few solicitors who were walking through the neighborhoods. He said they told him Longwood had a sinkhole problem and he said he thought that it was odd that the Public Works Director, Director of Community Services Development, Leisure Services Director or the Acting City Administrator did not inform him of the impending disaster of the Longwood sinkhole problem. He said when the person found out that he was the Mayor, he CC 09 -06- 11/231 i i asked if he was in Casselberry, and drove away with his friend. He said he would like to have staff bring forth changes to the solicitation portion of the Code for the City to tighten it up. He said these guys reeked of fraud, and he was very concerned about what they were telling people. He feels this was "very inappropriate and it was their duty to protect the folks from this type of thing. It was a consensus of the Commission to have Chief Hickson workup some ideas with staff and start down that path. Mayor Durso thanked Ms. Bower for her work with the Longwood Rotary Club. He said they have indicated some interest in doing a community garden. He said there were a few parcels they were looking at and possibly bringing it forward to the Commission for approval. Mayor Durso congratulated Commissioners Maingot and Bundy for their landslide victories in the past Election. He then thanked Acting Chief Paul, Ross for his service as the Acting Fire Chief. Commissioner Bundy stated that a plaque needed to be prepared and presented to the Acting Fire Chief. Mayor Durso said that can be done at the next meeting. 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA. Deputy Mayor Cortes moved to add a Proclamation to the Agenda recognizing "Hispanic Heritage Month ". Seconded by Commissioner Maingot and carried by unanimous voice vote. Mayor Durso said the Proclamation will be Regular Item 1 I A. 9. CONSENT AGENDA. A. Approve Minutes of the June 1, 2011 Work Session and the Minutes of the June 6, 2011 Regular Meeting. B Approve the Monthly Expenditures for August 2011. C. Approve a Purchase Order to Kimley -Horn and Associations (KHA), Inc. for the Longwood Bicycle and Pedestrian Master Plan. D. Approve and confirm the appointment of William Gulbrandsen as the ]Fire Chief. Commissioner Sackett moved to approve the Consent Agenda. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. CC 09 -06- 11/232 10. PUBLIC HEARINGS. (PART 11[) C. Read by title only and adopt Resolution No. 11 -1X91 which imposes the Longwood Hills Maintenance Assessment Area. I Mr. Langley announced having proof of publication for this and all Public Hearings listed on the Agenda. He then read Resolution No. 11 -1291 by title only. Chris Traber Attorney with Nabors, Giblin & Nickerson, P.A., introduced himself and stated he was the City's counsel for special assessments. Mayor Durso opened the public Bearing. No one spoke in favor or in opposition to the Resolution. Commissioner Maingot moved to close the public hearing. Seconded by Deputy Mayor Cortes and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Resolution No. 11- 1291 as presented Item 10 C. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. D. Read by title only and adopt Resolution No. 11 -1 92 which imposes the 2011 Wastewater Assessment. Mr. Langley read Resolution No. 11 -1292 by title only. Mr. Traber said he had one (1) clarification for this , Resolution. He stated they needed to strike one (1) parcel from Appendix D and E. He said the parcel was owned by A. B. Coleman; LLC and for the record that was Parcel No. 06 -21 -30 -503- .0000 -0060. He said the reason for this was the project did not go forward for that Parcel, so it was proper to remove it at this time. Mayor Durso opened the public hearing. No one spoke in favor in opposition to the Resolution. Commissioner Maingot moved to close the public hearing. Seconded by Deputy Mayor Cortes and carried by a. unanimous voice vote. Commissioner Maingot moved to adopt Resolution No. 11- 1292 as presented Item 10 D and includes the revision noted by Mr. Traber. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call. vote. CC 09 -06- 11/233 I flL REGULAR BUSINESS. AD ]Bead by title only and adopt Resolution No. 11-1293, which confirms the.annual norm -ad valorem rolls for various wastewater, road and neighborhood beautification assessments. Mr. Langley read Resolution No. 11 -1293 by title only.. Deputy Mayor Cortes moved to read by title only and adopt Resolution No. 11- 1293 as presented Item 11A. Seconded by Commissioner Bundy. Commissioner Bundy inquired if they were establishing the assessment for Barrington; he said if that's the case, they needed to strike that out as promised to them and not to assess them this year. He said on the basis their damage was going to be repaired long before now, and noted it was still not repaired. He continued to outline the items that had not been repaired and the residents have been promised by various staff members that they had a plan together, and they haven't been contacted. He said in the fairness, they needed to strike Item 6 F in the Resolution completely for both the capital assessment and the maintenance assessment. Commissioner Bundy moved to amend by eliminating Item 6 F and all references to Barrington Capital and Maintenance Assessments Area from the entire Resolution. Seconded by Commissioner Sackett. Discussion was held regarding the maintenance of the retention ponds located in the Barrington subdivision. Motion to amend carried by a unanimous roll call vote. Discussion was held regarding the maintenance assessments and it was noted the amounts had not changed and making sure they were imposed and were supposed to be set in arrears based on actual maintenance costs. Main motion, as amended, carried by a unanimous roll call vote. B. Proclaiming September 15th through Octobers fly, 20111 as "Hispanic Heritage Month" in the City of Longwood, Seminole County, Florida. Deputy Mayor Cortes read a Proclamation proclaiming September 15 ' through October 15, 2011 as "Hispanic Heritage Month ". He CC 09- 06- 11/234 presented Ms. Lizette Valarino, Executive Director of Hispanic Heritage Scholarship Fund. Photographs were thenitaken. C. Read by title only, set September 19, 2011 as the public hearing date and approve the first reading of Ordinance No. 11-1974, which provides for the SunTrust Equipment Finance and Leasing Corporation Equipment Schedule Igo. 41 Mr. Langley read Ordinance No. 11 -1974 by title only. Commissioner Maingot moved to approve the first reading '' Ordinance No. 11 -1974 and set September 19, 2011 as the public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll caltvote. I D. The Acting City Administrator requests the City Commission discuss a monthly event Called "Down Tl own Longwood Cruisnn Ms. Meli stated Deputy Mayor Cortes introduced the City to a young woman who puts on "Cruisin" and they have been looking for some activities that would bring people to the Historic District. She said they thought this might be a great opportunity to bring a car show downtown and noted the Police Department used to do a car show, but it hasn't happened for a variety of reasons. She said this would be a monthly event and felt the 2" d Saturday of the month would be good to do the event. She said it would be a free event and they would have food trucks available for people to purchase food. She thought the event would be somewhere between 4 p.m. to 8 p.m. or 5 p.m. to 9 p.m. and wanted to get an idea if this was something they wanted to participate in. Discussion was held regarding promoting the event, the cost of the event, the food trucks vendors and sponsorship opportunities. Commissioner Bundy expressed his concern about Church Avenue being closed and that being an emergency egress route for the fire trucks when they have to go north. He said if the Fire Department was comfortable with that, then he had no objections. He stated he thought the 2 °d Saturday in March would conflict with the Spring Festival. Ms. Meli responded in the affirmative and said that would be the only weekend they would not do it. She noted the parking lots for the Church and the Community Building would be ileft open for events and confine it to the Community Building east for now. CC 09 -06- 11/235 i+ Deputy Mayor Cortes moved to approve and instruct the Leisure Services Department to create the "Down Town Longwood Cruisin" at the earliest time possible, and to include up to $50.0 for the first couple of months and to seek sponsorships. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. E. Read by title only, set September 19, 2011 as the public hearing date and approve the first reading of Ordinance No. 11- 1972, which amends the City Code, Chapter 14, Section 14 -5 entitled "Prohibited Animals". Mr. Langley read Ordinance No. 11 -1972 by title only. Commissioner Maingot moved to approve at first reading Ordinance No. 11 -1972 and set September 19, 2011 as the public hearing date. Seconded by Deputy Mayor Cortes. Commissioner Sackett inquired how this was enforceable. He stated that he had three (3) birds, two (2) turtles, an Iguana, and a dog and cat. Mr. Williams stated basically they were going to have to witness as to the number of animals. Commissioner Sackett said it will be neighbors telling on neighbors. Chief Hickson said it's like any other code violation; it has to be 'observed. He said if it was a rampant problem, then they're going to get several calls on it, and they would go out there, and eventually will observe the violation at which time it will be cited. Commissioner Sackett said then it becomes a matter of nuisance, such as smells and health codes and too many birds at a facility. He said this feels like an intrusion into peoples' homes. He said people taking good care of their pets and other people not taking good care of their pets resulting in smelling up the neighborhood that's a different issue, that's a health issue. Discussion was held regarding the situation that brought this matter forward to the Commission and the current cap that was in place and the vagueness of the Code, which sometimes does not allow the Police Department to do their job effectively. Commissioner Sackett said he sees its dogs and cats are within the total of five (5) and the new revision includes all animals. He said CC 09 -06- 11/236 he still feels this was an intrusion into homes. He stated that he was not for this. Motion carried by a four -one (4 -1) roll call vote with Commissioner Sackett voting nay. F. )bead by title only, set September 19, 2011 as the & blic hearing date and approve the first reading of Ordinance No. 11-1973 which amends the City Code, Chapter 46, Section 46 -4, Chapter 50, Section 50- 34(d), and Chapter 66, Section 66 -62(a) to remove the references and applicability of sunc� ordinances to the regulation of firearms and ammunition in accordance with Florida Statute 790.33. Mr. Langley read Ordinance No. 11 -1973 by title only. Commissioner Maingot moved to approve the first reading of Ordinance No. 11 -1973 and set September 19, 2011 as the public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll call'vote. 12. ACTING CITY ADMINISTRATOR'S REPORT. PORT. No report. 13. CITY ATTORNEY'S REPORT. Mr. Langley said the City was given Certificate of Title of the Preston Avenue property formerly owned by Ms. Mary Gamble. He said at this time, he intends to move forward to get a Writ of Possession from the Clerk of the Court and have the Sheriff serve it upon the property and Ms. Gamble in order to put the City in possession of the property, unless the Commission wanted him to do otherwise. Commissioner Bundy said they have exhausted all possibilities and were now at the point they were trying to get to several years ago, and have more than bent over backwards to be fair. Connnissioner Sackett asked when that would occur. Mr. Langley stated he would try to get the check out this weekend and get something into the works next week. 14. CITE' CLERK'S REPORT] - Ms. Mirus said at the last meeting, the Commission tasked her to start a Twitter Account and Facebook Account. She noted she went through training today and those accounts have been established through the City's website, and they do have the icons on the website. CC 09 -06- 11/237 i I. 15° ADJOURN. Mayor Durso adjourned the meeting at 8:47 p.m. Jl ge/ � ®�yr TTIES Saran M. Mirus, MMC, MBA, City Clerk CC 09- 06- 11/238