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CCMtg10-17-11Min LONGWOOD CRTY COMMMION Longwood City Commission Chambers 1175 Nest Warren Avenue (Longwood, Florida MP \TUTS S OCTOBER OBEER 17 2011 7000 P.M. Present: Mayor Joe Durso Deputy Mayor Bob Cortex Commissioner Mohan C. Maingot Commissioner H.G. "Butch" Mundy Commissioner Brian Sackett )(Dan Langley, (City Attorney - Joan Williams, Acting City Administrator Sarah M. Miru s, City Clerk Fran Meli, Director of Leisure Services Troy Hickson, Police Chief Bill Gul brandsen, Fire Chief Craig IlDunn, Information Technology Manager Sheryl Bower, Director of Community Development Services John Peters, Director of Public Works/City (Engineer Wanda Broadway, Human Resources Manager Patrice Murphy, Assistant to City Administrator Michelle ]Longo, Executive Assistant to City Administrator 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. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mims read the following announcements: A. Senior Matinee will be held on Wednesday, October 119, 20]111 from 1:30 p.m. until 3030 p.m., Longwood Community Building, 200 Nest Warren Avenue. This month feature is Bridesmaids. B. The 20111 Halloween Festival will he held on Saturday, October 29 201111 from 5,00 p.m. to 7.30 p.m. Reiter Park, 311 West Warren Avenue. There will he a Children Costume Contest (ages 0 -12) and will begin at 60115 p.m. (pre- registration will begin at 5000 -6:00 p.m.). CC 10 -17- 11/275 O. Face the Fear will be held on Saturday, October 29 Sunday, October 30t11 and Monday, October 31" from 8 :00 p.m. to 111 :00 p.m. located at 205 South Milwee Street. Admission is $8 for adults and $5 for children I10 and under. 4. RECOGNITIONS/PROCLAMATIONS. A. Tread by title only and adopt Resolution No. 111 -1295, which expresses thanks from the City Commission and the citizens of ]Longwood for the service of Doan Eslinger, Jr. and extending thoughts and prayers for his speedy and full recovery. Mayor Durso read Resolution No. 11 -1295. Deputy Mayor Cortes moved to pass the Resolution. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. Mayor Durso presented Resolution No. 11 -1295 to Chief Deputy, Steve Harriett with the Seminole County Shcrriff s Office. Chief Deputy Harriett thanked the Commission for their support. E. Presentation of the Beautification Award to the Serenades by Sonata located at 425 South Ronald Reagan boulevard. Deputy Mayor Cortes presented Mr. Stuart J. Beebe, President and Chief Executive Officer (CEO) of Serenades by Sonata with the Beautification Award. Photographs were then taken. C. District 95 Nomination of the Business Person of the Month Award for November 2 0111. Commissioner Sackett nominated Jay and Jeannette Friend, Owners of Friends Preschool Academy located at 327 Wilma Street for the Business Person of the Month for November 2011. Nomination carried by a unanimous voice vote. D. ]recognizing the V graduating class of the (Citizens on Patrol Academy. The members of the I' graduating class are: Eugene Gray, Fran ]Leasoun, Jeff iLeason, Audrey Kanvand, Ed Morrow, George Moy and Mile Thomas. The Commission presented the certificates to the Members of the I St graduating class of the Citizens on Patrol Academy. Photographs were then taken. E. ]recognizing Mr. Philip Maingot with ASV Matters in appreciation and in recognition of his contribution to the City CC 10-17- 11/276 of Longwood during the 10 Heroes' Remembrance Service on September 11, 2011. Commissioner Maingot presented Mr. Philip Maingot with a plaque in appreciation and in recognition of his contribution to the City'of Longwood during the 10"' Heroes' Remembrance Service on September 11, 2011. Photographs were then taken. 5. BOARD APPOINTMENTS. A. District 45 Nomination to the Parks and Reereatiolln Advisory Board. Commissioner Sackett nominated Mr. Alex Trauger, 105 Margo Lane, for appointment to the Parks and Recreation Advisory Board. Nomination carried by a unanimous roll call vote. F. PUBLIC INPUT. A. Presentations. The Longwood Rotary and The Sharing Center will be giving aprresentatioFn on a coy munii garden in Longwood. Mark Romagosa Director of Development for The Sharing Center, 210 Columbus Circle, he described The Sharing. Center as a non- profit organization located off US Highway 17 -92 in Longwood. He stated they were in the business of helping out needy folks with life's essentials. He said they were approached by The Rotary Club of Longwood about doing a Community Garden Project. He noted this fits their mission quite well, which was all about helping people to help themselves. He said they've talked about some potential property that might be used for this Project. He said there was a piece of property at the end of Jessup Avenue that would work quite well, so they were proposing the City of Longwood allow the use of that property for the Community Garden Project. Tom Rucicar representative of The Rotary Club of Longwood, 1735 Carlton Street, said they have supported The Sharing Center for a number of years and felt this was a Project that met the needs of the residents of Longwood and Seminole County. He said their vision was to institute a program with a Master Gardner who was on the staff of The Sharing Center who would coordinate this activity. He said they've been getting guidance from both the University of Florida Agriculture Extension Office and Mr. Robert Bowden with Harry P. Leu Gardens. He said they think it would be a Project that would not only bring benefits to the City and its residents, but it would enhance the Historic District. He stated hopefully it would be a credit to the opportunities that exist for the residents and for the community at large. CC 10 -17- 11/277 Ms. Meli said they had explained it pretty well. She stated the property was right behind the Police Department shed on Florida Avenue and Jessup Avenue. She stated they were planning to use part of the property and raised beds would be going in. She said some of the beds would be higher for the handicapped for standing or sitting in a wheelchair. Be Discussion frora the Commission on the pr oposaR fronn the Longwood Rotary and The Sharing Center on a coipnmunity garden in Longwood. Discussion was held regarding the type of fencing that would be utilized and it was noted chain link fencing would not be allowed. Discussion was held regarding the water and electrical needs for the Project. Discussion was held regarding the handicap parking and accessibility, general parking and if a community garden was allowed in the Historic District. Ms. Bower stated they were in the process of changing the Code and it would be at the next meeting. She said they allow community gardens elsewhere in the City, but they weren't allowed in the Historic District, but now they were just putting them in the District. Commissioner Bundy requested the City Attorney draft an Agreement and have staff look into the costs of all the expenses of doing this Project. He said they're not using the land now for a City purpose, but in the future they might; and he would rather have all of this spelled out. He said in other communities when the gardens have come up and the necessity for utilizing that land, things have gotten kind of nasty when they went away. Deputy Mayor Cortes asked if there would be any issues with the community garden being located next to the Police and Fire Administration Building. Chief Hickson said he did not see any conflict that would exist, so he had no problem with it. Commissioner Maingot inquired about the costs involved for the set -up. CC 10- 17- 11/279 Ms. Meli stated the plan was for The Rotary Club of Longwood and The Sharing Center to get a lot of donations towards doing this Project. Mayor Durso noted he was a Member of The Rotary Club of Longwood. He then answered questions from the Commission as to some of the details of the proposed community garden. Discussion ensued regarding the appearance of the proposed community garden and the maintenance. Mayor Durso moved to instruct staff to move forward with The Rotary Club and The Sharing Center to bring forward a final proposal. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. C. Public Participation. Judi Coad 1695 Grange Circle, said she came before the Commission on September 10' concerning the destroyed front entrance of the Barrington subdivision. She stated at that time, the Commission ordered Mr. Peters to hold a neighborhood meeting within thirty (30) days and said the debacle still continues. She stated it had now been nineteen (19) months after the County started the destruction; they were still no further along in resolving the problems. She noted as of today, they were putting in electric. She said Mr. Peters turned over the situation to Ms. Debbie Renfro, who contacted her and wanted to know if they even had to have a meeting. She said she realized at that point she had no idea what had taken place at the Commission Meeting. She stated that she did say a meeting had to be held with Mr. Allen Webber and her, and told her she would get back to her. She said she then contacted Commissioner Bundy concerned why the neighborhood meeting was not being set -up with her, and that Ms. Renfro does not have any authority concerning the whole situation. She said on October 10 , a flyer was distributed without consulting her about a date or a time, but was done on exactly the thirty (30) day deadline set by this Commission. She said she made arrangements on her schedule to make the date, but insisted a 6:00 p.m. meeting no one could attend, and that it needed to be at least at 7:00 p.m. -7:30 p.m. so residents could get home and get a bite to eat. She said in addition, this meeting has been posted for all Commissioners to attend, hence setting up a more formal and tense situation for the residents to speak freely. She requested that this posting not be done after this Commission Meeting, but the request was not accepted, even though a twenty -four (24.) hour notice was needed to be posted. She then inquired about the setting -up of a formal meeting. She requested the Commissioners not attend this CC 10- 1711/279 meeting, so as to set a less tense situation with the residents. She said their district Commissioner, Mr. Bundy, who has worked with them and stated he that he was more than willing to be in attendance and to report back to the Commission about whai takes place. She said this has been a long haul for her as she has been dealing with the Commission on the Barrington front entrance for over seven (7) years, and she does not want to make these her monthly meetings. She said she has tried to stay away, but she was really looking for some feedback because her working with upper staff just on this portion for the last nineteen (19) months has been a total lack of cooperation when something has been set to be done. She said it should not have to be her or Mr. Webber or another resident having to call the City for everything that was taking place. She said she finds it very sad because she really commends you today because she thought the community garden was wonderful. She said what the residents of Barrington have been dealing with this and have not had that type of outcome. JoAnne Rebello 301 Loch Lomond Avenue said that she had not gotten up in a while. She said she was upset on August 15 and wanted to speak about the 2011 Annual Key to the City Awards. She said this was an example of nothing more than political posturing on the part of those who made a mockery of this Award. She said she listened carefully to the information given about these individuals and /or companies. She said in her opinion only one (1) person begins to qualify as to the criteria for Longwood's Key to the City. She inquired if any of them actually read the criteria for this Award and outlined the criteria for the Award. She stated she thinks only one (1) person may have qualified. She said if so, how they came to the conclusion that any of these recipients qualify. She then outlined the history of the Annual Key to the City Award. She said for the most part, previous Commissions and most of the Commissioners that were seated on the dais have adhered to this long- standing tradition. She said this year, however, the suggestions made by certain Commissioners honored those who were paid, profited by or employed by agencies for their so- called contribution. She said that was not the spirit in which this honorary Award was intended. She said it was her opinion that the Commission which voted for this Award was lionoring individuals who were dedicated to giving back to Longwood and /or the community without expectations of recognition rather than another award for their political resume. She said it's time to get back to this Award's intended purpose, celebrating volunteerism and community spirit. She asked that they please do so. 7. MlAASYOR AND cCOMMISSI[ON ERS' R1EPOR L District 94. Commissioner Maingot said on October 5t", he attended the Council of Local Governments in Seminole County (CALNO) Meeting CC 10-- 17- 11/280 and it was hosted by the Seminole County School Board. He said Dr. Sill Vogel gave an overview of all the successes they have accomplished for their students and rated it on a national and State scale. He said it was very impressive. IIe said on October 7 he participated in the Breast Cancer Awareness with South Seminole Hospital and the M D Anderson Cancer Center, and it was a worthwhile effort and well done for a great cause. He said on that same day, he attended the Seminole County Regional Chamber of Commerce recognition luncheon held on October 7"' He said on October 9 he attended Mt. Olive Missionary Baptist Church, which was a historic Church in the City, celebrated their 128 Anniversary, which he attended. He said they very much appreciated everything the City does for them. District 92. Mayor Durso said that he attended the 128"' Anniversary of Mt. Olive Missionary Baptist Church, and it went exceptionally well. He said it was a worthwhile experience, and noted how committed they were to the City of Longwood. He said he was asked by the Seminole County Regional Chamber of Commerce to work on some bullet points and he needed to meet with staff with regards to the SunRail Project. He said it would be focusing on the flexibility in the development rules for the Transit Oriented Development (TOIL). He said he attended meetings with Senator David Simmons and Congressman John Mica to discuss some of the new neighborhood improvement districts and TOD development legislation that was taking place, and he would be attending a meeting at the City of Altamonte Springs to discuss new options. He said Seminole County was positioned as a leader and stated as any recommendations come out of those meetings, he would make sure that he brings them back to the Commission. He noted that it was a packed house and they were on a tight timeframe since the Legislation session begins early this year. He talked about security, more specifically about the lighting in the neighborhoods. He said there were a number of dark areas in some of the neighborhoods and it was exceptionally dark in some areas. He said there were some areas where they could coordinate the spacing of the lights better because there were posts there. He asked the Acting City Administrator to look into this and advise what they can do or cannot do about this and maybe move forward with this. Discussion ensued regarding the need for lighting in some areas of the City. Commissioner Maingot said to note the areas that were in the dark and to pass it along to the Acting City Administrator. Mayor Durso said with regard to City Hall and some of the rumors that were being circulated. He recognized the department heads in attendance at the Meeting and said he was tired of hearing the rumors, founded or not, from people about who was hiring and firing, pay raises or cuts, and whatever they were doing. He suggested to the department heads to have CC 10- 17- 11/2001 a. conversation with their staff and inform them that the rumors were going to stop now. He stated he knows he was not the only Commissioner who hears diem and it was quite disruptive and they should be more concerned about doing their job and less concerned about how the City Administration was operating. He said take this as a warning from one (1) upset Commissioner who was concerned and was hearing this a little too often now. He said he understands about water cooler talk from City staff, but it's getting too obsessive now, so staff needs this to be pointed out to them. He thanked Mr. Jeff French and Mr. Gene Westfall from the Public Works Department. He said the other night he was driving on Grant Street and there was a giant hole that they were both knee deep in, it was pitch black and they were working with flash lights and truck fights on the problem. He said they were out there for a good eight (00) hours fixing the broken water lines. District 143, No report. District N4o Commissioner Bundy said they had about 1,000 pounds of food they raised for The Sharing Center and thanked everyone, especially Mr. Bob Pike, who coordinated everything for the City. He said some buildings did better than others. He said he met with the Acting City Administrator regarding some stormwater issues on a particular property, and stated he was out there today, and Mr. Williams said he had been told it would he done by last Friday, and noted it was not done. He said this can go as a shot fired across the bow for every department, and he was really getting tired of the lack of follow- through. He said they have situations that this Commission brings things up and two (2) weeks, four (4) weeks, six (6) weeks, six (6) months goes by, and they have no follow - up. He said when the Commission makes requests; he expects them to be followed through. He said they do this part -time and the hours they have available to do it were limited. He said they have a staff that he thinks was competent to do the job, but the job was not getting done. He said he wanted everybody to understand where he was coming from on this and failure was not an option on any of these things. He said when the Commission makes a request, when.residents make a request, we need follow -up. He said it doesn't mean you have to do what they want, but he wants follow -up. He said when he gets a telephone call on Friday afternoon from a vendor that has been trying to get in touch with someone because of an issue on a project and can't get a return telephone call or electronic mail from staff, that's a problem. He said it needed to stop. He stated it upsets him because he knows everybody that runs for public office says, "I'm going to run this City like a business" and that can't be done. He said the City was different from a business, but they can run it in a business -like fashion, and one (1) of the keys to any successful business was good customer service. He said part of that was responding to customers. He said he does not know what it was about the priorities, but the priorities in this City start at the top and go down. He said as to CC 10 -17- 11/2'002 the priorities of this Commission, staff better make sure that those priorities of this Commission become their priorities. He said the other request he had was he made a request of the Acting City Administrator, and he checked with him today, wanting to know what was the staff labor that was spent on the Public Works Facility. He noted that it had not been forthcoming and would like to extend that. He said they have moved into that Facility and he wants to know .what it costs for everything, to include contractors, vendors, suppliers, staff, land costs, etc. He said if the City spent money on that Facility, he wanted to la what it was because he did not want to be trying to come back in three (3) years from now, like he had to do with the Clock Tower and trying to recreate those records. He said he was making a formal request to the Acting City Administrator and stated he was willing to wait thirty (30) days, but that was it. Mayor Durso asked the Acting City Administrator if he could have it by the next meeting. Mr. Williams responded in the affirmative. Deputy Mayor Cortes asked that it include the reimbursements. Mayor Durso said let's make it broad enough to say if there was a line item in there anywhere in any expenditure, whether it's a reimbursement or a straight -up cost, anything that has a line item to do with the Public Works Facility, bring it back to them. District 9, 5e Commissioner Sackett said to Deputy Mayor Cortes, the, heroes recognition to the fallen American soldier in Iraq_ was well done. He said there were many more people than he expected, and said it was well done and showed Longwood as a compassionate person. He said he rode over ten (10) miles of bike trails to a meeting that was only one and a half miles (1 away because he wanted to ride the trail and look at it. He said the Devonshire residents were thrilled at the improvements and the response of the City. He asked about the heavy rain coming in the next couple of days. He said he was not sure how cleaned out everything was because he sees tree branches in places where water has to make it's way, so he hopes we were prepared for about tree (3 ") inches or more rain. Commissioner Bundy said that everything was based on the twenty -four (24) hour storm, whether it's a twenty five (25) year storm or a fifty (50) year storm. He said it should be based on the one (1) hour four (4") inches of rain. Commissioner Sackett said Shadow Hill_ may come to the Commission for help with their entranceway, so they were going to have to coordinate the voting to get that assessment done. He said he explained the process and length of time and how to fit that into the budget, and he's talking about a year or more project. He said he must have missed the ribbon cutting at CC 10- 17- 11/283 Candyland Park for the Skate Park and understands the construction for the Skate Park has begun. He said he and Mr. Dunn met with Bright House and Mr. Dumi likes to negotiate from a position of power. He said there should be no fee for services provided to the City by Bright House. He said they highlighted areas within the City where the Wi -Fi connection can happen. He said they found quite a few areas, and the representative from Bright House will go to their main person in Tampa and will get back to us to know where to put these hot spots. ANY ADDITIONS OR DELETIONS TO TILLS AGENDA. Commissioner Bundy said he would like to consider Agenda Items 9 E and 9 G separately on the Consent Agenda. 9. CONSENT AGENDA. A. Approve the Minutes of the July 27, 2011 Work Session, the Minutes of the August 1, 2011 Regular Meeting, the Minutes of the August 15, 20]1]1 Regular Meeting, the Minutes of the September 6, 2011 Regular Meeting and the Minutes of the September 119, 20111 Regular Meeting, Lie Approve the Monthly Expenditures for October 2011. Co Approve the Monthly financial Report for September 2011. D. Waive the formal bid process and apDprove a purchase order in the amount of $23,475 to Carter I \VerlPlane k, Inc. for the purchase of parts to rebuild the sodium hypBochlorke generator cells at Water Plant 42e E. Approve a change order to Purchase Order No. 0114335 to C'o We Roberts Contracting, Inc. in the mount of $a3,006003 to pave an additional 225 lineal feet of Tullis Avenue. F. Approve a purchase order in the amount of $28,022 to Kelly Tractor Company for a 3,000 pound capacity three (3) wheel electric cushion lift truck. Go Approve the Addendum to Lease and Installation Agreement with Miller (Lights Inc. for Christmas decorations. H. Approve a purchase order in the amount of X32,000 to Me Dirmit Davis & Company, ILL.0 for the annual audit for fiscal year 2011. 1. Approve and authorize opening the bid process for the Emergency Medical Service (EMS) supplies. CC 10- 17- 11/294 Jo Approve an inverted purchase order in the amount of $1,020,000 to WastePro USA for the annual solid waste and recycling services. Commissioner Maingot moved to approve Consent Agenda Items 9 A, B, C, D, F, H, I and J. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. Discussion was held regarding 9 E and where the dirt went from the road pavings. Commissioner Bundy moved to approve Item 9 E. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. Discussion was held regarding Item 9 G and to look at all the options for the future and to get proposals for new banners. Commissioner Bundy moved to approve Item 9 G. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. None. M REGULAR BUSINESS. A. ]bead by title only and adopt Resolution No. 1I -1295, which expresses thanks from the City Commission and the citizens of Longwood for the service of Don Eslinger, Jr. and extending thoughts and prayers for his speedy and full recovery. This Item was moved to the Recognitions /Proclamations portion of the Agenda, Item 4 A. B. Approve the proposed Wrecker C21R Allocation System and Agreement. Chief Hickson said this particular Item was seeking approval for the actual process of the Wrecker Call Allocation System. He said in previous years, they had a contract with a single source, which was Tri County Towing, Inc. He said they had indicated they did not wish to continue the contract with the City of Longwood. He said they were in need of renegotiating that contract because it had been several years. He said he put together a Wrecker Call Allocation System, which was essentially a tow rotation system. He noted many other agencies were doing the same and they were currently operating under the Seminole County Southwest Quadrant Tow Rotation System until they get something approved. CC 10- 17- 11/285 He said this particular system would have a maximum of five (5) vendors that would be part of the system and if the agreement was approved, it would be for a three (3) year term, with a one (1) year extension two (2) times. He said so, at maximum, it could be extended to five (5) years. Deputy Mayor Cortes said due to conflict of interest, he would be abstaining from voting on this Item. Mr. Langley said as he understands it, Deputy Mayor Cortes obtained an ethics opinion that requires him to abstain from voting on this matter. Commissioner Bundy moved to approve Item I IB. Seconded by Commissioner Sackett and carried by a unanimous roll vote with Deputy Mayor Cortes abstaining. �o ]Dead by title only, and adopt Resolution No. 11 -1296 providing for an update to the Police Service Fees for solicitation permits and non consensual tows. Mr. Williams requested this Item be pulled from the Agenda pending further review from the City Attorney. Do Read by title only, set November 7 2011 as the public hearing date and approve the amt reading of Ordinance No. 11 -1978, implementing regulations for anon- consensuall police tovvung. Mr. Langley read Ordinance No. 11 - 1978 by title only. Deputy Mayor Cortes said that he also must declare a conflict of interest on this and abstain from voting. Commissioner Bundy moved to approve the first reading of Ordinance No. 11-1978 and set. November 7"' as the public Bearing date. Seconded by C'ominissioner Sackett. Chief Hickson said staff recommends there be some revisions to the proposed Ordinance. He then reviewed the proposed changes to the Ordinance and they are as follows: Under Section 86 -117, Paragraph (c) add the following sentence to the end of the paragraph: " Further, a `tarpaulin fee' in the amount of $15 may be assessed when the towing service reasonably finds it necessary to install and maintain tarpaulin coverage on any CC 10 -17- 11/286 stored vehicle in order to protect the interior or upholstery of such vehicle from damage by inclement weather." Under Section 86 -117, Paragraph (d) add the following: (d) The maximum rates for non - consensual police towing of a vehicle or for the storage of a vehicle towed from private property when the point of origin of the tow is within the city limits of Longwood shall be as follows: (1) Class A vehicles: Towing of vehicles with a gross vehicle weight of up to and including 10,000 pounds $120. Maximum daily storage (after 6 hours) 20.00 Non- consensual police towing, per mile over initial ten miles, per frill extra mile 3.00 Non - consensual police towing, bona -fide waiting /extra labor time beyond initial 30 minutes at scene, per full extra 15 minute block 15.00 (2) Class B vehicles: Towing of vehicles with a gross vehicle weight of more than 10,000 pounds and up to and including 19,500 pounds 200.00 Maximum daily storage (after 6 hours) 30.00 Non - consensual police towing, per mile over initial ten miles, per full extra mile 3.00 Non- consensual police towing, bona. -fide waiting /extra labor time beyond initial 30 minutes at scene, per full extra 15 minute block 15.00 (3) Class C vehicles: Towing of vehicles with a gross vehicle weight of more than 19,500 and up to and including 50,000 pounds (which are upright and in a towable condition) 300.00 Maximum daily storage (after 6 hours) 60.00 Non - consensual police towing, per mile over initial ten miles, per full extra mile 3.00 Non - consensual police towing, bona -fide waiting /extra labor time beyond initial 30 minutes at scene, per full extra CC 10 -17- 11/2 87 15 minute block 15.00 (4) Class D vehicles: Towing of vehicles with a gross vehicle weight of more than 50,000 pounds 400.00 Maximum daily storage (after 6 hours) 60.00 Non - consensual police towing, per mile over initial ten miles, per full extra mile 3.00 Non - consensual police towing, bona -fide waiting /extra labor time beyond initial 30 minutes at scene, per full extra 15 minute block 15.00 Under Section 86 -117, Paragraph (f) add the following sentence to the end of the paragraph: " Further, a `tarpaulin fee" in the amount. of $15 may be assessed when the towing service reasonably finds it necessary to install and maintain tarpaulin coverage on any stored vehicle in order to protect the interior or upholstery of such vehicle from damage by inclement weather." Commissioner Bundy amended his motion to approve it with the suggested changes fiom staff. Seconded by Commissioner Sackett and carried by a unanimous roll vote with Deputy Mayor Cor abstaining o Approve a Lease between the Sen ainole Country School District and the City of Longwood fore use of Longwood Elementary School. Ms. Meli introduced the Board item and answered the questions from the Commission. She said this was a place where they can congregate and outlined programs that would be held at the School. Discussion was held regarding the programs being able to pay for themselves or a substantial portion of the program and sponsorships. Discussion was held regarding additional school closings within Seminole County and the Seminole County School Board would be doing the on -going maintenance of the School. Commissioner Bundy said when the agreement was approved; he would like the Acting City Administrator to open discussions CC 10- 17- 11/28'8 towards getting the balance of the space and inquire .how much they would want for that space. Deputy Mayor Cortes moved to approve Item 11 E as presented. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. F. The Human Resources Manager requests direction from the Commission regarding the City Administrator position. Commissioner Maingot said he already spoke with the Acting City Administrator this afternoon and expressed concern as to how they would proceed with this. He said it was his understanding the position was posted on the City's website, and they had two (2) external applicants, which when staff contacted the Range Riders, they said they could do nothing with it. He said when they've handled it before, they have had more than two (2) people applying. He said when it comes to opening up the position through the Florida League of Cities (FLC) or through the International City /County Management Association (ICMA) that has not been done. He said he was not comfortable with what has been done to arrive at where they were tonight. He said they know the capability of the Acting City Administrator, but at the same time, he thinks they Have to go about what they were doing in a manner that shows they have done due diligence and that they have put it out there and they were going to select the very best person. Commissioner Bundy said the City has been under a lot of turmoil in the last three (3) or four (4) years. He said we have an Acting City Administrator that was level- headed, that has helped to guide us through. He said certainly, when he was Finance Director, he guided us through one of our most challenging economic budgets, and as the Acting City Administrator, our third one. He said he thinks they would be required by Charter to send the applicants to Range Riders. He said the Range Riders were then supposed to send us a list from them and feels they did that and anything they do at this point would be a waste of time. He said he feels the person they have to lead us was sitting on the dais. He said his position had not changed on this since April 1 St when they selected him. He said he has been under an immediate job interview since April 1 He said he has been with the City for over two (2) years now, and we have all observed him. He said they know his capabilities, and he was not going to support anybody on paper who looks like they might be better, because on paper it doesn't matter. He said he had selected someone on paper who he thought could do the job, and he was wrong. He said he has seen this gentleman in action and he was not willing to take a chance, and any further efforts on this would be a waste of time. He said he CC 10-17-11/289 feels they have met the requirements of the Charter and was ready to move forward and offer Mr. Williams a contract. Deputy Mayor Cortes said to have somebody do the job for the past six (6) or seven (7) months now and not do just do his job, but do what he was hired to do, which was the Finance Director, and to exceed on both levels was pretty impressive. He said it gives them the opportunity that usually they're not afforded to have when they're trying to select an applicant for a position. He said to be able to test drive the model, so to speak, and see the end result we were getting, was a unique opportunity that was usually not given. He said he feels very comfortable with the Administrator's job and the way he has been doing things. He said the fact that there were two (2) applicants and the Range Riders came back, he's not sure it would have changed his mind if there were ten (10) or fifteen (15) applicants. He said he sees the level of professionalism this gentleman has afforded, and thinks the City was headed in the right direction, and to change anything at this point would be detrimental to the efforts they were doing, so he was also ready to offer him a contract. Commissioner Sackett asked the City Attorney to read Section 4.04 (a) of the City Charter. Mr. Langley read Section 4.04 (a) of the City Charier. Commissioner Sackett said his understanding was that even though this was done on the website, it therefore limited the potential candidates. He said two (2) were presented and they did go through the Range Riders to see what that was, and their recommendation was the pool was not big enough to do that sort of process. He said they have lived by this Charter and asked the City Attorney for his opinion. Mr. Langley said the Charter does not tell you what you have to do as far as advertising the position or how big the pool of candidates have to be. He said that's the decision for this Commission to make as to how they want to advertise and how many they want to see. Commissioner Sackett said under the Charter, it was his understanding they have behaved to the intent of it. He said he does agree the advertising was not done as properly as it was, but the fact was, it was done. Mayor Durso said before they get into any more debate or questions on this, they can let Ms. Broadway make some comments about the process and how it was actually done. CC 10 -17- 11/290 Commissioner Sackett said. he did not think they needed to and thinks they understand how it was done. He said he feels that the previous administration from where they transitioned to this Administrator as our Acting City Administrator, above and beyond the call of what was necessary. He said six (6) or seven (7) months of on the job training, he was ready, running, and he was able. He said he would support someone of his caliber that was able. Ms. Broadway said she received three (3) additional applications and she now has a total of five (5) applications. Discussion was held regarding others applying for the City Administrator's position and if the process for the City Administrator's position met the requirements outlined in the City Charter. Discussion was held in regards to the number of applicants who were qualified for the City Administrator's position and the closing date to receive applications for the position. Commissioner Bundy moved to instruct the City Attorney to start working on a contract agreement with the Acting City Administrator and put forward an Agenda Item for the next meeting, provided that contract was negotiated to appoint the Acting City Administrator as the full -time City Administrator. Seconded by Deputy Mayor Cortes and carried by unanimous roll call vote. Mr. Langley asked Mr. Williams to provide him with a draft contract and he will then review it for legal sufficiency. G. Discussion from the Commission on the proposal from the Longwood Rotary and The Sharing Center on a. community garden in Longwood. This Item was moved to the Public Input portion of the Agenda, Item 6 B. 12. ACTING CITY ADMffNIISTRATOR'S REPORT. Mr. Williams thanked everyone and said he certainly appreciates the confidence each one of you have in his abilities, and he will certainly endeavor to not let anyone down individually or together; and certainly not the citizens of Longwood. 13. CITY ATTORNEY'S REPORT. No report. CC 10- 17- 11/291 14. CITY CLERK'S REPORT. A. Reschedule or cancel the January 2, 2012 Regular Commission Meeting. Ms. Mirus reported that January 2 11d was a scheduled holiday for the City. She inquired if the Commission desired to cancel the January 2, 2012 Regular City Commission Meeting or reschedule it. Commissioner Sackett moved to cancel the January 2, 2012 Commission Meeting. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 15. ADJOURN. Mayor Durso adjourned the meeting at 8:52 p.m. F,0WPsh' U S0 9 ,Mayor ATTEST. / Sarah Ma Minus, MMC, MICA, City Clerk CC 10- 17- 11/292 FORM 8B MEMORANDUM F VOTBNG CONFLICT FOR COUNT Y9 9 MUNICIPAL, AND OTHER LOCAL PUBLIC O FICE.RS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Cortes Robert Lonqwood City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1 West Warren Y carren Ave WHICH I SERVE IS A UNIT OF: CITY COUNTY QCITY [] COUNTY ❑OTHER LOCAL AGENCY Longwood Seminole NAME OF POLITICAL SUBDIVISION: Ulty OT L.ongwooa DATE ON WHICH VOTE OCCURRED MY POSITION IS: ��------�� October 17 2011 ED ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 1.63.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting_ in that capacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly, the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording :he min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL-BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) Y APPOINTED OFFICERS (contonued) A copy of the form must be provided immediately to the other" members of the•agency. The form must be readrpublicly - at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE - DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15'days after the vote occurs with the person responsible for'recording the minutes of'the meeting, who must incorporate the form in the minutes. of the form must be provided immediately to the other.rnembers'of the agency, and the form must be readfpublicly at=the next meeting after the form is-filed: - DISCLOSU"CE,OF LOCAL OF.FICER'S NTER EST l Robert Copes . ,,hereby disclose that on . October 1 7, 20 1 1 (a) A measure came or will come before my agency which (check one) El inured to my special private gain or loss; inured to the special gain or loss of my.business associate, . inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or - inured to the special gain or-loss of ;_t_ k?` '' ` which is the parent organization or subsidiary of.a.principal which has retained me. (B) The measure`before'my agency and'the nature of'my conflicting interest in the measure is as follows: On October 17, 2011 at a Longwood City Commission meeting; before me came item '1'1' B "Approve the proposed Wrecker Call Allocation System and Ag,reemenV. I own a towing company in the city of Longwood and would be able to participate in the "Wrecker Rotation System" proposed by this agreement. Per CEO 411 -09 Dated August 3, 2011, the recommendation from the;Commission on Ethics. was to abstain from voti'ng,on this item or any ` other item that would.be a. possible, conflict of.interest with my Company., Date Filed Signature NOTICE:. UNDER PROVISIONS OF FLORIDA STATUTES §1 A'FAILURF_'TO`MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW ING:�'IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN .SALARY OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER FOCAL PUBLIC OFFIC .R LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Cortes Robert Longwood City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 175 West Warren Ave WHICH I SERVE IS A UNIT OF: CITY Se minole COUNTY ,CITY ®COU []O TH E R L AGENCY Longwood minole NAME OF POLITICAL SUBDIVISION: S C:Ity OT Longwooa DATE ON WHICH VOTE OCCURRED MY POSITION IS: October 17 2011 [Z] ELECTIVE ® APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For -this reason, please pay close attention to the instructions on this fonin before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE.WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or. loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -Vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner; joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording 'ihe min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS' Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFIC (e®n$inued) A copy of the form -must be provided imrriediately'to the other rnembers of the agency. The form must be read publicly atahe next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO'INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:, You must disclose orally the nature of.your conflict in the measure before participating. You must complete the form and file it within 15 days after-the vote occurs with the person responsible for recording the minutes ofthe meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the, agency, and the form . mu'st -be read - publicly at the next - meeting after the form is filed. DISCLOSURE LOCAL OFFICER'S INTEREST Robert Cortes O 17, 1 I, , hereby discloseahat on - 20 (a) A measure carne or will come before my agency which (check one) inured to my special private gain or loss; _ . inured to,the special gain or loss,of my business associate, inured to the special gain or loss of my relative, ' inured to the special gain or loss of by whom I am retained; or - - inured. to the special,gan or,los's of which is the parent organization or subsidiary, of principal which has retained me. (b) The measure befdre'my and the -nature of my conflictirig interest.in the 'measure is'as follbws: 0 6°0 ctob6r17,'2011 at a Comrr iss'ion: meeting, befo'r`e me came .item ,11'D "R`ead, by title only, se"t;Noverrifjer` 7' 2011 as the public h�earing' date Arid approve the.first reading of Ordinance No. 11 -1978, implementing regulations for non- consensual police towing.-.1 own a towing company in the city of Longwood and would be able to participate in the. "Wrecker Rotation System" proposed: by this ordinarice. Per CEO #11, -09 Dafed August 3, 2011;, the recomniendation,.from the Commission on Ethics was to abstain from • .voting on this.item,or any other item that would be a possible conflict of interest with. my c ,b� 11,20111 ,- Date Filed Signature — NOTICE: UNDER PROVISIONS OF FLORIDA- STATUTES §112317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT; REMOVAL-,OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR -A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B'- EFF. 1/2000 PAGE 2