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CCMtg11-07-11Mins ILONGWOOD CIITY cC®MIVIIMI[ON Longwood City Commission Chambers 175 West Warren Avenue (Longwood, Florida MINUTES NOVEMBER BER 7, 2011 7:00 P.M. Present: Mayor Joe Durso Deputy Mayor Bob Cortes Commissioner John C. Maingot Commissioner H.G. "Butch" Bundy Commissioner Brian Sackett Dan ]Langley, City Attorney Jon Williams, Acting City Administrator Sarah M. Mirus, City Clerk. Wanda Broadway, Human Resources Manager Marilyn Douglas, Purchasing Manager Fran Meli, Director of ]Leisure Services f Sergeant Tim Cooper, Police Department Kelly Morrow, Crime Analyst /Grunts /Community Relations �— Patrice Murphy, Assistant to City Administrator Sheryl lower, Director of Community Development Services John Peter's, Director of Public Works /City Engineer Bill Culbrandsen, Fire Chief 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. Mirus read the following announcements: A. The "Downtown lLongevood Cruise In" Car Show will be held on Saturday, November 12, 2011 front 5:00 p.m. until 5:00 p.m. in the Historic District of ]Longwood located off of Church Avenue. B. Senior Matinee will be held on November 16, 2011 from 1:30 p.m. until 3:30 p.m., ]Longwood Community Building, 200 West Warren Avenue. This month's feature is Water for Elephants. CC 11- 07- 11/293 C. 35 "' Annual Longwood Arts and Crafts Festival will be held in ]Downtown Historic ]Longwood, from 9:00 a.m. to 5:00 p.m. on Saturday, November 19, and from 9:00 a.m. to 4:00 p.m. on Sunday, November 20, 2011. 4. RECOGNITIONS/PROCLAMATIONS. A. ]District 45 Presentation of the Business Person of the Month Award for November 2011 to .lay and Jeannette friend, Owners, located at 327 Wilma Street. Commissioner Sackett read a brief biography on Mr. and Mrs. Jay Friend, Owners of Friends Preschool Academy and then presented them with the Business Person of the Month Award for November 2011. Photographs were then taken. 5. BOAR APPOINTMENTS. . A. District 91. Nomination to the Board of Adjustment. Commissioner Maingot nominated Mr. Arthur E. Heintz, 921 Waverly Drive, for reappointment to the Board of Adjustment. Nomination carried by a unanimous roll call vote. B. District 0. ]Nomination to the Board of Adjustment. Deputy Mayor Cortes nominated Mr. James M. Seamon, 125 J Tarrytown Trail, for reappointment to the Board of Adjustment. Nomination carried by a unanimous roll call vote. C. District #3. Nomination to the Parks and Recreation Advisory Board. Deputy Mayor Cortes nominated Ms. Nicole Bright, 114 Sandalwood Way, for reappointment to the Parks and Recreation Advisory Board. Nomination carried by a unanimous roll call vote. 6. PUBLIC INPUT. A. Public Participation. None. 7. MAYOR AND COMMISSIONERS' REPORT. District #2. Mayor Durso requested staff that from this point forward with regard to the recommendation portion of the items that were presented on the agenda, he was going to be looking for an actual recommendation. He said that.he did not want it to say they would like the Commission to discuss it and give staff some feedback on what the Cormnis_sion would want staff to do. He said they pay cornpetitive salaries, so that staff can weed through a lot of: the details and can make recominendations that would benefit the City. He said by law, they were CC 11 -07- 11/294 prohibited from getting into a lot of those details, so they depend on City staff to make those recommendations. Mayor Durso thanked Commissioner Bundy for his attendance at The Sharing Center's opening of the new Oasis along with some of the food drive activities. He said The Sharing Center has done some tremendous work with the homeless and some of the less fortunate in the community. He stated they opened a new facility to serve that population and they were proud to be there that day. Mayor Durso said he attended the Longwood Rotary Club and they were very committed and excited about the new Garden Project. He said they were exceptionally complimentary of staff for all the work they have done. He said he attended the MetroPlan Municipal Advisory Committee Meeting last week, and he wanted to make the Commission aware there were some significant challenges in regards to funding. He stated there was some serious competition between the Wekiva Parkway and individual city projects. He said there were a number of cities that were taking exception to the fact that the Parkway was being funded at the expense of many of the city projects, as a group of cities they were really challenging a lot of the decisions that were being made by the Florida Department of Transportation (FDOT), specifically the Seminole County cities. He said the Mayors and Managers have met several times and have also had a meeting with Senator David Simmonds. He said Senator Sumnonds has been asked by Congressman John Mica to do a piece of legislation with regard to Transit Oriented Development (TOD) in each city. He said he has basically left it to the cities to develop a plan and the subsequent rules and punishments associated with those plans for TOD, and he would like everything done by tomorrow. He said he does not think it's plausible to get there because most of it really depends on private development dollars. He stated he has attended those meetings and City staff has represented the City when they were in the technical advisory portion. He said he would like to compliment staff on their work for getting the City's input into the program, and he would certainly work to keep the Commission apprised to what happens at the next meeting. He said at the next Commission meeting, he would like to have a discussion on City impact fees. He said he feels there were some things they can do to encourage new development as SunRail comes on board. He said there was going to be a number of people who want to make some significant investments in the City and he thinks it was time to revisit the issue. He said he would like to have this discussion placed on the agenda for the next meeting. He said the Tri- County League of Cities Meeting was held at the Expressway Authority last month, and he was officially selected as the Vice Chairman of the Tri- County League of Cities. He said he was i proud to do it for the City and appreciates the support of this Commission. District 93. Deputy Mayor Cortes welcomed the young men attending tonight's Commission Meeting and noted they were from Troop No. 491 CC 11- 07- 11/295 and thanked them for attending. I Ie invited everyone to the "Downtown Longwood Cruise hi" Car Show. He said lie was unable to attend the Halloween event, but heard it was a great success and looks forward to next year's event. He said he was glad Mayor Durso mentioned something about impact fees, because he would like to see if they can come up with something that would benefit the Historic District with the businesses that surround the entrance to the Historic District. He said maybe they could enter into some type of partnership that would help improve the landscaping or can become partners. He stated they needed to come up with some sort of agreement that would make improvements to the landscaping in the Historic District. District #4. Conirnissioner Bundy said he attended the grand opening of the Oasis and said it was a great benefit to the community. He said the center has a laundry area, provides a place to look for a job, and provides a brief sense of normalcy. He said The Sharing Center has been working on this project for several years and finally they got the funding to do it. He said the Fall Festival /Halloween event was a successful event with over 2,000 to 3,000 people in attendance. He noted that he attended, along with staff, the Conununity Meeting with the residents from the Barrington subdivision. He said a basic plan was presented and they tweaked it based on the input from the residents. He said they were moving forward on the project and the residents were no longer angry. He said they needed to take a look at the Special Event Permit process and see where they can streamline the process, so they can encourage businesses to do more of these events, which would bring more people in and make it easier on staff. District #5. Commissioner Sackett said there was a IOK event to raise money for the Seminole County Museum and the 5K event was to raise money for the Kids House of Seminole. He stated that he ran the race in thirty -one (3 1) minutes. He noted he was with 400 other people and it was a wonderful event. He said he attended the Relay for Life kick -off meeting and it was held in the Longwood Community Building. He noted the Relay has moved to Lyman High School and it would be held on May 5` He said for the Halloween event, he didn't laiow if it was more exciting to see the 2,000 faces all dressed up in costumes or to see the firefighters smiling over their new fire buck. He said the morale at the fire station has got to be wonderful and they appreciated the new truck. He said the Halloween event was a safe place for children and he thanked the Leisure Services Department for being out there and active and all those businesses for loading up the trunks and giving away gifts. He said the food was delicious and the costume judge did a wonderful job. He thanked the staff from the Leisure Services Department and said they did a wonderful job with the event. Commissioner Sackett said they have a young man named Steven at tonight's meeting and noted he was a former Order of the Arrow Scout. CC 11 -07- 11/296 He stated he attended the meeting for the Order of the Arrow and then attended another meeting afterwards. He said Steven had an interesting project that he was very concerned about. He said on Grant Street it was dark and there was no sidewalk there. He said he informed Steven that it was a drainage issue and he talked with the Acting City Administrator about it, so they have to figure out the river that flows through there and how to best meet those needs, and. then they can get the sidewalks in. He said Steven was promoting this and if Commissioner Bundy remembers eight (8) years back when a 4 t1 ' grader wanted to bring up a monument issue. He said he likes it when children step forward, and bring up things and thaiiked Steven for a nice job. Commissioner Sackett said he had a meeting with the representatives from the Shadow Hill's subdivision and noted they were looking at a special assessment for their entryway. He said they have no money left and no Association, so they have actively engaged with the Acting City Administrator and he would keep them posted as to what was happening with that. He noted there was a website that states the City of Longwood was taking over the entrance way to Shadow Hill. He stated that's not true and that was clarified. He said what they were doing was talking about the whole special assessment route and what they needed to do. He said he believed there was one (1) person in charge of the website there who just did it on his own. He said therefore, it was not ever said to anyone and he doesn't think they understand the procedure. He said they want him to sit down with them and Mr. Williams, to explain the procedure and see about marketing tluough the subdivision. He said it was also said the same was happening in the Tiberon subdivision, so Tiberon was back in the mix. He said Mr. Williams was looking into the history of that one. Commissioner Sackett said he and many children saw the Park and was very excited about the concrete that had been poured at the Skate Park. He inquired about the ribbon cutting being held on December 17 " Mr. Williams stated staff was planning for a December 17 ribbon cutting and those dates would be finalized. He said the Commission would be notified accordingly. Comunissioner Sackett said he did notice that with daylight savings time beginning it was darker earlier. He said they have more people playing at Reiter Park and they have no lights at that Park. He inquired if there was anything on a temporary basis they could do. Cormlissioner Sackett stated that he understands the contract for Longwood Elementary School has been signed by the Seminole County School Board. He said he has been in talks with the Wekiva River Players and they want to rent the facility for a summer program. He noted they have been in contact with Ms. Meli and were waiting for the call back to CC 11- 07- 11/297 them. He inquired when can the Boys Scouts and Girl Scouts can meet at Longwood Elementary School and asked when that can happen. Mr. Williams stated that it was his understanding the District was still occupying the School for training and they would vacate on the 9 "' and they would be in contact about moving in and occupying the School. He said as soon as they get in there they would reach out to those individuals. Ms: Meli said she spoke with the School Board today and they would like. the City to take possession on December I". She noted they have a lot of moving and cleaning that needed to be done. She said they have Girl Scouts and Boy Scouts that have contacted them, and they were going to try and make room for everyone. District Mi. Commissioner Maingot spoke in regards to the Barrington subdivision front entrance and noted the soil needed to be augmented. Commissioner. Maingot said he hoped everyone got their notification from Mr. Joe Forte with Seminole County Government about-the SunRail Meeting coming up at 1:30 p.m. on November 15"' He said based on his immediate past experience with attending such meetings, the last one he attended, was with the Seminole County School Board and the County Conunission. He said they were all there, but were not given the opportunity to ask any questions. He said to Mr. Forte -based on that experience, they were asking them to be there and said he did not wish to J be there as a wallflower or as a window dressing. He said those of us who have, been around for some time, with all due regard to those being seated at the table, if questions come up, they want to be given the opportunity to make such responses rather than just sitting there and occupying seats.. Com.inissioner Maingot said on October 21", he was honored to be a presenter at the Performing Arts Awards Ceremony held at the Wayne Densch Performing Arts Center in Sanford. He noted it was fantastic and was amazed at the level of talent. Conunissioner Maingot said he had the opportunity and spent three (3) or four (4) hours at Kids House of Seminole. He said it was really an excellent facility as far as taking care of children who have come up against serious problems in their homes. He said it seems to be well coordinated between the County and Kids House, so much so that the Kids House of Seminole formula of doing business, was being utilized and duplicated elsewhere in the Country. He said they have a highly qualified staff, two (2) full- time medical people on staff, so he would think from a Seminole County point of view; we have an excellent organization that provides a wonderful service. He said it was very well supported by the community and by law enforcement. CC 11- 07- 11/298 Cominissioner Maingot said on October 26 he was a servant of the `— people at the Rescue Outreach Mission, which was a fundraiser for the less fortunate people. He said one of the things he learned recently was that there were over 1,700 families in Seminole County that were homeless. Conunissioner Maingot said lie attended the Council of Local Governments in Seminole County (CALNO) Meeting, which was hosted by Seminole State College (SSC) and the Executive Vice President of Administrative Services /Chief Financial Officer with SSC, Mr. Joe Sarnovsky. He said Mr. Sarnovsky gave them an update on the College and their new theme was "We Change Lives ". He then provided some additional statistics for SSC. 8. ANY ADDITIONS OR (DELETIONS TO THE E AGENDA. Mayor Durso requested Regular Business Item 11 A be pulled from the Agenda per the Acting City Administrator and there were no objections to pulling Item 11 A from the Agenda. 9. CONSENT AGENDA. A. Approve Minutes of the September 21, 2011 Special Reeking and the Minutes of the September 27, 2011 Work Session. B. Approve the Monthly ]Expenditures fox- October 2011. C. Approve a contract authorizing AECOM Technicaal Services, Inc. to prepare the Heritage Village /Transit- Oriented (Development (TOLD) Redevelopment Strategy at a not -to- exceed amount of $144,000, D. Approve a purchase order for professional engineering services in the amount of $33,559 to Woolpert to design and permit the paving of the remaining unpaved portion of 1sr Place. E. Approve a purchase order for professional engineering services in the amount of $73,293 to Woolpert to design and permit the paving of Jessup Avenue and Morida Avenue west of Ronald Regan Boulevard (also known as County Road 427). F. Approve a purchase order for professional engineering services in the amount of $32,223.10 to Pegasus )Engineering, LLC to design and permit for the extension of the culverts near Kathryn Drive and South Grant Street for the Fairy Lake Canal. CC 11- -07- 11/299 G. Approve a purchase order for professional engineering services in the amount of $37,835 to Pegasus Engineering, LLC for assistance on the Longwood Canal and the Stormwater Capital Improvement Program (CIP). H. Approve a purchase order in the amount of $56,000 to Seminole Harley (Davidson for the purchase of four (4) 2012 Marley (Davidson police patrol motorcycles. 1. Approve a purchase order in the amount of $280,776 to Maroone (Dodge of Pembroke Pines to purchase twelve (12) 2012 (Dodge Charger police patrol vehicles. J. Approve a purchase order in the amount of $65,089.32 to Emergency Vehicle Supply (EVS) for the purchase LED emergency lighting, PA /siren, prisoner containment, weapons security, and workstation console systems for tdvelve (12) 2012 (Dodge Charger police patrol vehicles. Commissioner Sackett moved to approve the Consent Agenda. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. � A. Dead by title only, set November 21, 2011 as the public hearing date -and approve the first reading of Ordinance No. 11 -1976, amending the Longwood (Development Code Article I General Provisions, Article 11 Land Use And Overlay (.Districts, Article III (Development (Design Standards, Article V Supplemental Standards, Article VI Signs, Article IX Hardship belief, Article X Administration, the Longwood Design Guidebook, and the Historic (District Code Kook, to allow for community gardens in the Historic (District, and streamline and clarify existing development processes. Mr. Langley announced having proof of publication for this and all Public Hearings listed on the Agenda. He then read Ordinance No. I I -1976 by title only. 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. CC 11 -07- 11/300 Deputy Mayor Cortes moved to read by title only, Item 10 A, set November 21 as the public hearing date. Seconded by Commissioner Maingot and carried by a unanimous roll vote. J�. Read by title only and adopt Ordinance No. 11-1978, implementing regulations for non - consensual police towing. Mr. Lai igley read Ordinance No. 11 - 1978 by title only. Mayor Durso opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Sackett moved to close the public hearing. Seconded by Deputy Mayor Cortes and carried by a unanimous voice vote. Ms. Morrow stated staff was recommending approval with the following changes: o Section 3, paragraph (b), subsection (1) acid striking the words "tarp charges ", to read as follows: "Any fees for special equipment or services such as lR double hook up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer or flat bed, lifts, slims jims, go jacks, removing bumpers, airing up brakes, mileage, fuel charge, tafp- ehat-�, or for copying the vehicle registration or other documents; or" o Section 3, paragraph (e), subsection (1) and striking the words "tarp charges ", to read as follows: "Any fees for special equipment or services such as double hook up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer, or flat beds, lifts, slim jims, go jacks, removing bumpers, airing up brakes, fuel charge, *^•��a eharges or for copying the vehicle registration or other documents; or" o Section 3, paragraph (e), subsection (3) and change 24 to 6, to read as follows: "Storage for the first �L 6 hours from the time the vehicle is towed; or" o Section 3, paragraph (f) and change 24 in line 4 to 6, to read as follows: "Tow service coinpanies are prohibited from charging fees of whatever kind for services rendered during the first 6 hours that the vehicle is in the possession CC 11 -07- 11/301 of the towing service, begimiing from the time the vehicle is delivered to the storage facility other than the fees set forth in this section. Storage fees as set forth above may be assessed after the initial 24 6 -hour period based on 24 -hour increments and not on calendar days. An administrative fee of $50.00 may be charged after the first 48 hours so long as the towing service has actually complied with the requirements of F.S. §713.78, including execution and mailing of the lien notice. Further, a "tarpaulin fee" in the amount of $15.00 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 accessories or upholstery of such vehicle from damage by inclement weather." Discussion was held regarding the reason for these changes. Deputy Mayor Cortes declared a conflict of interest on this Item and stated he would be abstaining from voting. Commissioner Sackett moved to adopt Item 10 B as presented, which was Ordinance No. 11 -1978 with the following changes initiated by staff. Seconded by Commissioner Maingot and carried by a unanimous roll call vote with Deputy Mayor Cortes abstaining. AIl. REGULAR BUSINESS. A. City Commission review a proposal and authorize the proposal from Associated Consulting International (ACz), Inc. entitled, "Str ucturing a City Financial Strategy of Economic Development `)Readiness' for Creating a Vibrant )Intermodal Transit Community". This Item was removed from the Agenda under Item 8, Any Additions or Deletions to the Agenda portion of the Agenda. B. The City Administrator requests the City Commission discuss establishing an official brand /logo for the City. Mr. Williams said after individual conversations with each one of the Commissioners and pursuant to the fact the City has two (2) different logos in circulation, it was expressed that they bring back an item for Conunission discussion and pick one (1) logo to be utilized City-wide. He said since having those discussions, staff has been working with Associated Consulting International (ACi), Inc. —� on creating options and wanted to thank them for lending their CC 11 -07- 11/302 i staff to the City to put forth some options for the Commission's �°— review. He said the two (2) current logos were the Bradlee McIntyre and the historic oval symbol with the flower and there were some additional sample logos for consideration. Commissioner Maingot stated that one of the things that needed to be considered was the application of the logo, not only as it relates to paper but as it relates to street signage. He said that simplicity and application was what they should go for and what they can use in almost every application that would be easily recognizable. Deputy Mayor Cortes stated that he agrees simplicity was the key, but they also needed to incorporate identity. He said the identity of the City can be Bradlee McIntyre and another feature was the clock tower. He said the clock tower was simple and can be replicated, or the Community Building, which was also a part of the City's identity. He said he thinks the logo should include something that would identify part of the City, but at the same time keeping it simple. Conmiissioner Bundy stated that he likes the tree rather than the flower. He said Longwood was more noted for the tree lined streets. Commissioner Sackett stated that he does not litre any of the sample logos. He said lie would like to see something historic. He said to go back to the drawing board and design something that was going to reflect the train station. Mayor Durso stated that he agrees with Commissioner Sackett. He said he was thinking about moving towards something like a crest. He asked each Commissioner to talk with the Acting City Administrator before the next meeting and to convey their thoughts. He said they needed something that looks as good on a flag as it does on letterhead. Co The City Administrator requests discussion /direction from the City Commission on donating the property located at 805 Raven Avenue, Mr. Williams stated that during the Commission Meeting on August 1 the City Commission directed staff, including himself and the City Attorney, to research options to mitigate any potential liability from future stormwater related incidents if the City decided to donate the property. He said pursuant to that direction, staff met with Mr. Michael Towers on behalf of Habitat for Humanity to facilitate inspection of the property. He said based on the initial assessment, which included numerous inspections, Mr. CC 11- 07- 11/303 i Towers has confirmed Habitat for Humanity believes the house lends itself to being repaired. He said if the Cornrnission desires to enter into an agreement with Habitat for Humanity, be understands that Habitat would perform more evasive testing before malting- a final decision. He said that Mr. Towers has further indicated that if the dwelling cannot be cost effectively restored, Habitat for Humanity would demolish the house and would further agree to document the following agreement, with the Cleric of the Court, holding the City harmless from future liability concerning the current structure. He said the agreement would also require Habitat for Humanity to disclose the dwelling's history to any future buyers and have them agree to the same hold harmless agreement. He said if the dwelling can be repaired, Habitat for Humanity would provide engineering, outlining the repairs satisfactory to the City Engineer and Building Official. He said Habitat for Humanity would also pull the necessary permits for the repairs. He said considering those options, staff and himself have looked at what the requirements would be needed to bring the stormwater system into compliance and they have determined that the existing forty -two inch (42 ") storrnwater system would need to be extended by three (3) segments towards the rear of the property, including a drop inlet and end wall at a total estimated cost of $14,556. He said to that end, and discussing the matter further with the City Attorney, mitigation and future liability exposure was possible to some extent; However, it was not likely to eliminate the City's liability exposure in its entirety and having a hold harmless disclosure document may not entirely protect the City. He'said with that in mind and if it was the desire of the Commission to move forward, staff would recommend they enter into further discussions with the Executive Director of Habitat for Humanity and their attorney to hammer out the specific details for a contract or an agreement and bring it back to the Commission. He said Mr. Towers was also present, and there were representatives from Habitat for Humanity present also this evening. Mr_ Michael Towers 754 Fleet Financial Court, Longwood, said that he was present to answer any questions of the Commission and agreed to what was discussed by Mr. Williams. Cornrnissioner Bundy gave a brief overview of the current condition of the property. He said the neighbors want the lawn maintained and they want someone who was going to maintain the property and be good neighbors. Deputy Mayor Cortes expressed his concern regarding the piping and they were looking at enlarging the size of the pipe. He said with minimizing the exposure of the liability of the City, and he was comfortable with it. CC 11 -07- 11/304 i I I Mr. Towers answered questions from the City Commission. Commissioner Maingot inquired what the plans were when Habitat for Humanity takes over the house. Mr. Towers said the first stage would be to do more evasive testing. He said basically, to core drill inside the house itself and see if there were any caverns underneath the house. He said they have not found any structural failures of the :foundation itself. He said the failure of the house was more vertical at the top beam part, but they want to get in there and do more evasive testing. IIe said at that particular time, they would be able to evaluate what the next plan would be and what the engineer would say would need to be done to repair the structure, to bring it back to being able to get a Certificate of Occupancy (CO). He said if it was determined the house can be restored, and it was cost effective and fits inside a budget, they would move forward at that particular point in time with restoring it. He said if not, then the house would then be torn down and they would look at funding the house. He said either way at some point in time; they would have a Habitat homeowner that would be vetted for the property. He said again it was a hand up, not a hand out. He said they would have to put in their sweat equity hours, they would have to come up with their closing costs and they would get a thirty (30) year interest free loan from Habitat. He said at this point, they would be homeowners and Habitat would be the mortgage holder for a thirty (30) year period. He said as they snake their mortgage payments, those fiords would be placed into an account where it goes to rebuilding other homes. Commissioner Bundy said he wanted a licensed engineer to look at the house, shielding the City from liability and the restrictions stay with the property. Deputy Mayor Cortes moved to direct our City Administrator to start the process with donating 305 Raven to IIabitat for Humanity. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. D. The City Administrator requests the City Commission acknowledge and confirm an Administrative Policy and Procedure for Social Media. Mr: Williams stated in response to the Conunission's direction on the main City's Facebook and Twitter accounts, the Police Department. and Leisure Services Department would like to create a Facebook account. He said as a result of those additional requests, he felt it was prudent on behalf of the City to establish a Social Media Policy and therefore, Item I ID requests the CC 11- 07- 11/305 Commission's confirmation and acknowledgement of said Social Media Policy before implementation of those additional social inedia sites. Commissioner Maingot asked what were the pros and cons of establishing such Policy and Procedure. Mayor Durso responded that part of his role at Community Based Care (CBC) of Central Florida was handling social media and he thought everyone would agree that social media was now the new wave and they have to ride that wave to be able to inform our constituents of what was going on, even more so than electronic mail. He said this Policy not only protects the City, but it provides clarity to employees that were appointed to run the social media site, and provides clarity to them as to what they can and what they cannot do and what they should and should not do. He said without this, it becomes a free for all and people can put on whatever they want and it could end up backfiring. He said these were basically the rules of the game. He said the only change he would make was on Page 1 and it reads: "Department Directors are responsible for determining who may use Social Media on behalf of the City He said he absolutely feels that the responsibility should rest with the Acting City Administrator and the City Cleric as the two (2) Charter Officers that were most likely responsible for the dissemination of information.' He said he does not think they should leave it up to the Department Heads. He said they should leave that significant authority with the Acting City Administrator and City Clerk because this was the voice of the City and he would like it more tightly controlled. He said that was the only recommendation he would like to make to the Policy if they move forward. i Conunissioner Sackett said on Page 3 under "Definitions ", paragraph a., entitled "Social Media" he doesn't think they need to list each individual type of Social Media. He said he also has trouble with Section 2, "Prohibited Activities and Guidelines ", paragraphs a. and b. because 2. a. talks about "...may identify 1um / herself as an employee of the City..." He suggested using the word "shall" in place of "may ". Commissioner Bundy said this was not who was going to post on the City's website; this was people that have their own Facebook page or Twitter account. He inquired if this was a change in the Personnel Policies & Procedures Manual. Mr. Williams said with respect to the Personnel Policies & Procedures Manual, the existing Policies in place were drafted back in 1990 and predates mainstream social media. CC 11 -07- 11/306 Conunissioner Bundy requested copies of the Policy and Procedures for Social Media be distributed to every employee. Mayor Durso said that staff would be controlling what goes out and they can actually set the standards, so they can approve a comment before it goes out. Commissioner Maingot said that his main concern was that the Policy be checked and rechecked, if there was any tweaking that needed to be done, because he can see they were probably going to have some problems especially when an employee gets reprimanded by their superiors. Mayor Durso stated this Policy was dedicated to what the City of Longwood would be doing, not what any individuals outside of work would be doing. He said those policies were already in -place for employees that do something inappropriate outside of the workplace, so that was separate from this Policy. He said this Policy specifically addresses the City's Facebook page. He stated the way lie was reading this; it was talking about when an employee posts something from their page to the City's page. He said there were two (2) different types of posts: there's a post from the City and then there was a post when anyone can post on your wall and say whatever. Commmissioner Bundy said they already decided that the City's was going to be a one (1) -way 'site and there was not going to be a two (2) -way communication and it was going to be used for the purpose of information sharing. Mr. Williams said, from a personal use perspective, the Policy was intended to protect the City's interest from having someone out there depicting themselves as a City Administrator that was seen doing something extremely inappropriate. He said what they were describing was that if they;make those references out there via these tools, they include a disclaimer that this was not the view point of the City. He said for the record, he does not use Facebook or have a Facebook account. Commissioner Bundy said;he does not have a problem with this Policy. He said he just waists to make sure that it ties into that clause and before they start enforcing it, that all staff was frilly informed if they decide to implement this Policy, so they can govern themselves accordingly from that point forward. He said it was just a simple form stating they've received a copy of the new �- Policy and agree to abide by it, sign it and date it. CC 11 -07- 11/3.07 Commissioner Sackett asked if they would have an out if they do not want to participate. Mr. Williams said they have the ability through our current Information Technology infrastructure to block inter net sites and limit those activities. Commissioner Sackett said he thought it was good. Mayor Durso said to Commissioner Sackett's point about people opting out. He said he doesn't think this was an opt -in or an opt - out. He said this was not requiring you to participate in Facebook, but was just saying that I understand the City has a new Policy regarding Social Media and I have received it. Commissioner Bundy moved to approve the Social Media Policy as presented with the changes requested by Mayor Durso that instead of "Department Directors" they be replaced with "The City Administrator and the City Clerk ". Seconded by Commissioner Sackett and carried by a unanimous roll call vote. E. City Commission approve for the Leisure Services (Department to create a Facebook and Twitter account. Commissioner Bundy moved to approve the Leisure Services Department to create a Facebook and Twitter account. Seconded by Deputy Mayor Cortes and carried by a unanimous roll call vote. F. Read by title only, set November 21, 2011 as the public hearing date, and approve the first reading of Ordinance No., 11-1977, implementing changes to the Peddlers and Solicitors Section of the City Code. Mr. Langley read Ordinance No. 11 -1977 by title only. Commissioner Maingot moved to approve the first reading of Ordinance No. 11 -1977 and set November 21 as the public hearing date. Seconded by Deputy Mayor Cortes. Cornniissioiier Bundy said he has had n discussions with Ms. Bower about this and he would like to see this only on special event situations. He said they heed to try to be friendly to business, but on the other hand they need to be friendlier to the business that actually makes an investment in the community. He said he supports this, but he would just assume that as far as solicitors of those types of businesses, they would not be allowed CC 11- 07- 11/308 i i i with the exception of special events. He stated he would not make -�- a reconunendation for change, but would like to get a feel for what the other Conunissioner's think. Mayor Durso said if you would like to have a meeting with Ms. Bower and the City Attorney, he would be perfectly fine with that. It was the consensus of the Commission to have Conn Bundy meet with City staff regarding additional proposed changes to the Ordinance and to bring it back to the City Conunission. Motion carried by a unanimous roll call vote. C. Read by title only, set November 21, 2011 as the public Bearing date, and approve the first reading of Ordinance No. 11 -1979, ,which complies with State requirements for preparing and adopting a)Five -Year Capital Improvement Program (CIP). Mr. Langley read Ordinance No. 11 -1979 by title only. Deputy Mayor Cortes moved to approve the first reading of Ordinance No. 11 -1979 and set November 21, 2011 as the public hearing date. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. H. 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. Langley read Resolution No. 11 -1296 by title only. Deputy Mayor Cortes stated that he must abstain from voting on this and declared a conflict. Ms. Morrow said this Resolution No. 11 -1296 coordinates with Ordinance No. 11 -1979, which was approved and staff recommends approval with the following changes: © Section 3, paragraph (b), subsection (1) and striking the words "tarp charges ", to read as follows: "Any fees for. special equipment or services such as double hook up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer or flat bed, lifts, slims jims, go jacks, removing bumpers, airing up brakes, mileage, fuel charge, tarp , or for copying the vehicle registration or other documents; or" CC 11 -07- 11/309 i i o Section 3, paragraph (e), subsection (1) and striking the words "tarp charges ", to read as follows: "Any fees for special equipment or services such as double hook up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer, or flat beds, lifts, slim jims, go jacks, removing bumpers, airing up brakes, fuel charge, tar af9es, or for copying the vehicle registration or other documents; or" o Section 3, paragraph (e), subsection (3) and change 24 to 6, to read as follows: "Storage for the first 24 6 hours from the time the vehicle is towed; or" o Section 3, paragraph (f) and change 24 to 6 on the third line from the top of page 5, to read as follows: "Tow service companies are prohibited from charging fees of whatever kind for services rendered during the first 6 hours that the vehicle is in the possession of the towing service, beginning from the time the vehicle is delivered to the storage facility other than the fees set forth in this section, Storage fees as set forth above may be assessed after the initial 24 6 -hour period based on 24 -hour increments and not on calendar days. An administrative fee of $50.00 may be charged after the first 48 hours so long as the towing service has actually complied with the requirements of F.S. §713.78, including execution and mailing of the lien notice. Further, a "tarpaulin fee" in the amount of $15.00 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 accessories or ` upholstery of such vehicle from damage by inclement weather." Commissioner Maingot moved to approve Item 11 H as presented with the changes, Resolution No. 11 -1296. Seconded by Commissioner Bundy and carried by a unanimous roll call vote with Deputy Mayor Cortes abstaining. ><. head by title only and adopt Resolution No. 11 -1297, modifying the Purchasing Manual and make adjustment to the formal solicitation threshold to ensure compliance with State Statutes. Mr. Langley read Resolution No. 11 -1297 by title only. CC 11- 07- 11/310 I Deputy Mayor Cortes moved to approve the reading of Resolution No. 11 -1297 as presented, Item 11 I. Seconded by Commissioner Sackett and carried by i a unanimous roll call vote. J. City Commission discuss the City. Administrrator's. Contract. Commissioner Bundy moved to appoint Jon C. Williams as the City Administrator and approve the contract as presented. Seconded by Conissioner Sackett. Commissioner Maingot discussed page S, paragraph C ofthe Agreement regarding compensatory time off and compared the language in the former City Administrator's, Mr. Jolyl Drago's, Agreement. He said that he felt the language in Mi. Drago's contract was more appropriate. He said he feels it has more definition and does not leave it up in the air like this contract does.. Mayor Durso asked if there were any questions or concerns with this Item. Discussion ensued regarding compensatory time off being proposed in the Agreement. Commissioner Bundy said he was looking more at results that he does, rather than what time he was going to spend here. He said he Imows the job was going to consume a tremendous amount of his time and he would never criticize any of our Administrators for the amount of time they took off. He said to him it's about performance. Deputy Mayor Cortes said if he tools a lot of personal time, the Commission would notice that immediately and they would see a drop in his performance. Discussion was held in regards to the compensation when the termination of agreement and separation occurs. Motion carried by a unanimous roll call vote. 12. CITY ADMINISTRATOR'S REPORT. i I Mr. Williams thanked the Commission for all their confidence and said he will do his very best not to let them down as a whole or individually. 13. CITY ATTORNEY'S REPORT. Mr. Langley extended his congratulations to Mr. Williams. CC 1107- 11/311 i 14. CI'T'Y CLERIC'S REPORT. No report. 15. ADJOURN. Mayor Durso a jou •i e meeting at 8:49 p.m. O Aayor Sarah M. Mirus,MMC, MBA, City Clerk J I I CC 11- -07- 11/312 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME- FIRST NAME- MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Cortes Robert I Longwood City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE CIA 175 West Warren Ave WHICH I SERVE IS A UNIT OF: CITY COUNTY ❑✓ CITY []COUNTY ❑OTHER LOCAL AGENCY Lonqwood Seminole NAME OF POLITICAL SUBDIVISION: UITy OT Longwooa DATE ON WHICH VOTE OCCURRED MY POSITION IS: November 7 2011 El 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. '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 the 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 whei'her 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 m eeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly 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. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Robert Cortes , hereby disclose that on November 7 20 11 (a) A measure came or will come before my agency which (check one) Q✓ 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 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 November 7, 2011 at a Longwood City Commission meeting, before me came item 10 13 "Read by Title Only and Adopt Ordinance No. 11 -1978, implementing regulations for non - consensual police towing.. I own a towing company in the city of Longwood and would be able to particpate in the "Wrecker Rotation System" proposed by this ordinance. Per CEO #11 -09 Dated August 3, 2011, the recomendation 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 company. A) verj l Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 813 - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 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 COUNTY [D CITY E] COUNTY OTHER LOCAL AGENCY Lonqwood Seminole NAME OF POLITICAL SUBDIVISION: Ulty or zongwooa DATE ON WHICH VOTE: OCCURRED MY POSITION IS: November 7 2011 Q 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. 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). w 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 the 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 OFFICERS (continued) • A copy of the firm must be provided immediately to the other members of the agency. • The form must be read publicly 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 roust incorporate the form in the minutes. A copy of the form must be provided immediately to the other membE!rs of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Robert C:ortes , hereby disclose that on November 7 "O (a) A measure carne or will come before my agency which (check one) Q✓ 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 J 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 November 7, 2011 at a Longwood City Commission meeting, before me came item 11 H "Read 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. I own a towing company in thE: city of Longwood and would be affected by the rates proposed by this resolution. Per CEO #11 -09 Dated August 3, 2011, the recommendation 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 company. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 N OT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2