CCMtg04-16-12Min LONGWOOD CITY COMMISSION
ON
Longwood City Commission Chambers
175 West Warren Avenue
-- Longwood, Florida
MINUTES
AP 169 2012
7000 P.M.
Present: Mayor .doe ]Durso
Deputy Mayor H.G. "Butch" Bundy
Commissioner John C. Maingot
Commissioner Bob Cortes
Commissioner Brian Sackett
Dan ]Langley, City Attorney
Jon Williams, City Administrator
Sarah M. Mirus, City Clerk
John Deters, Director of Public Works /City Engineer
]Fran Meli, Director of Leisure Services
Sheryl Bower, Director of Community ]Development Services
Sergeant 'Finn Cooper, Police Department
Bill Caullbrrandsen, Fire Chief
Lillian Sexton, ]Fire Marshall
Wanda Broadway, Human Resources Manager
Chris Kintner, Planner /Stormwater
Patrice Murphy, Economic Development/Special ]Projects Manager
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
announcement:
A. Senior Matinee will he held on Wednesday, Mauch Il8., 2012
from 1 :30 p.m. until 3:30 p.m., Longwood City Commission
Chambers, 175 West Warren Avenue. This month's feature is
War Horse.
4. RECOGNITIONS/PROCLAMATIONS.
A. 1Prescuntation of Certificates of Appreciation to the Store
Director of Winn Dixie, Mr. Eric DDichtas, the Co-Director of
Winn Dixie, Mr. Gamy Camarena and the Front End Manager
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of Finn Dixie, Mr. Lenny Accardi for their assistance and
commitment to the City of (Longwood ]Food Drive.
Commissioner Maingot presented the Store Director of Winn
Dixie, Mr. Eric Dichtas, the Co- Director of Winn Dixie, Mr. Gamy
Camarena and the Front End Manager of Winn Dixie, Mr. Lenny
Accardi with Certificates of Appreciation. Photographs were then
taken.
B. District 93 Nomination of the Business Person of the Month
Award for May 2012.
Commissioner Cortes nominated Mr. Edwin Guerrero, President of
Cache Latino Barber Shop, LLC located at 923 East State Road
434 for the Business Person of the Month Award for May 2012.
Seconded by Commissioner Maingot and carried by a unanimous
voice vote.
5. BOARD APPOINTMENTS. None.
6. PUBLIC INPUT.
A. Presentations. Dix.Lathrop and Associates, Inc. will be giving
a presentation on Reiter Park.
Jamie Wright, Dix.Lathrop and Associates, Inc., 150 West Jessup
Avenue, introduced Ryan Collins,. Jeff and Debbie Dix also with
Dix.Lathrop and Associates, Inc. Mr. Wright reviewed a
PowerPoint presentation that outlined the following items for
Reiter Park: the Master Plan, the perspectives and plan details,
Phase 1 Plan, Phase 1 Sketch and Construction Documents. He
then answered questions from the City Commission.
McDirmit, Davis & Company, LLC will be giving a
presentation on the Annual Audit forr the Fiscal Year Ended
September 30, 2011.
Kelly Leary Partner with McDirmit, Davis & Company, LLC, 605
East Robinson Street, Suite 635, Orlando, introduced herself and
Christian Mantegna Audit Manager with McDiimit, Davis &
Company, LLC, 605 East Robinson Street, Suite 635 Orlando,
who would be doing the presentation. He presented a PowerPoint
presentation regarding the auditor presentation with the year
ending September 30, 2011. He reported the City received the
Certificate of Achievement for the 2010 report. He stated the
Independent Auditor's Report was unqualified, which was the best
opinion the City can receive. He said the Auditor's Report in
Other Reports Section states the City was in compliance with the
laws, regulations, contracts, and grant agreements. He said the
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Management Letter states there were no current year comments.
He said for the Communication with those Charged with
Governance, Professional Standards required that they
communicate to them this inforination related to their audit. He
said it contains qualitative aspects of accounting practices, which
includes management responsibilities, accounting estimates and
sensitive financial statement disclosure. He said he was going to
summarize what was in the report. He noted there were no
difficulties encountered in performing the audit, and he said
management had corrected all such misstatements and there were
no uncorrected misstatements. He said there were no such
disagreements with management that arose during the course of
their audit. He said management representation signed the
representation letter and it had been received for the audit. He
outlined some of the City's fund balances and stated assets
exceeded liabilities by $58.1 million, which was a $2.8 million
increase from 2010. He said of that amount, 81% or $46.9 million
relates to the net assets, which represents the City's investment in
capital assets, net of related debt. He said 19% or $1,1.1 million of
the net assets represents the City's unrestricted net assets, which
Were the net assets to meet the City's ongoing obligations to the
citizens and creditors. He said the City had $146,143 of restricted
net assets, which was primarily for public safety purposes. He said
at the close of the most recent fiscal year, unassigned fund balance
from the General Fund was $3.2 million, or 21% of the total
General Fund Expenditures. He said the General Fund Revenues
were $526,802 more than budgeted and expenditures were $1.4
million less than the Budget. He said at the close of the most
recent fiscal year, the City's governmental funds reported a
combined ending fund balance of $9.1 million, a decrease of
$57,000. He said it was approximately 32% of that amount; $2.9
million was available for spending at the City's discretion. He said
for the Public Utilities Fund it had an increase of $366,727 to net
assets for the most recent fiscal year ended versus $106,165
decrease in net assets in 2010. He said the Public Utilities Fund
had a $1.2 million in operating income in 2011 versus $555,486 in
2010. He said in relation to the .financial condition, the Auditor
General requires the City's management to monitor the City's
financial condition, and the City's auditor to perform assessment
procedures. He said the Auditor General financial indicators look
at trends in the City over the past five (5) years, and compare it to
other cities approximately the same size. fie said they were happy
to note their assessment did not indicate there were any
deteriorating conditions for the City.
Discussion was held in regards to accounting changes relating to
fund balances and how they were accounted for, versus what they
have been in previous years.
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B. Public Participation.
Lenny La d , 300 North Ronald Regan Boulevard, said he was
speaking regarding the economic development proposed for the
City's parking area in front of the Longwood Village Inn. He said
he applauded the City's effort in looking for economic
development in the Historic District. He said this should not be
something that should be considered as the highest and best use for
this property, being there were already parking issues in the
Historic District. He said he appreciated the City for coming to
him, and telling him in advance and said there were other
development opportunities.
Pam Redditt 835 Maraval Court, said she comes here tonight as a
private individual and representing no other individual or
organization. She said this evening under Regular Business, they
will be addressing Item C, a request for approval for staff to begin
negotiations on an agreement to utilize City -owned property to
construct a 6,000 square foot building on what was now a very
attractive park -like parcel with a brick roadway and specialty
grasses. She said this was constructed at great taxpayer expense to
form a parking lot. She said this land upon which the Clock Tower
sits was given to the City by Seminole County as part of the
County Road 427 widening process and forming a gateway to the
Historic District. She said most City and Seminole residents did
not know of Longwood's Historic District or of anything
differentiating Longwood from the adjoining cities. She said now
it appears they were considering eliminating or obstructing this
gateway, and she was appalled at the thought that enough
consideration went into this concept for it to have appeared on the
Agenda. She said since Friday, she polled a variety of individuals
and civic leaders throughout the seven (7) cities and Seminole
County. She stated all that she had interviewed initially assumed it
was some sort of joke. She said when she assured them it was
factual and an Agenda Item, most were incredulous and outraged.
She respectfully asked the Commission to reject this proposal and
any future proposals to allow to be constructed on these park -like
settings.
Frank Ramseur 172 West Warren Avenue, said that he wanted to
compliment the City on the initiative they were taking with the
community development group to go ahead and try to work with
the development community. He said it was a good thing that the
City was moving forward in working with these developers. He
said the recent publication that Longwood was "Open for
Business ", and the idea that they have the pre- development
meetings scheduled at no cost with the developer to get started was
great. He said he thinks these were all things they need to get on
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top of and show support for the community. He said the particular
Item that he was here to speak on was the same that they have
heard about from many. He said that was that they owe it to
themselves as a community to try to guide the developer to
opportunities to the right possible place and try to make it work.
He said there were some restrictions in this particular timeline that
really does cause the developer to look hard at something that was
an existing building in the City that would accommodate his needs.
He said he does believe if the City would get behind this type of
development and put it in the right location and support it there in
the Historical District or up and down County Road 427, he
believes they can all start benefiting from these types of activities.
He agrees that historically, the parking area that was designated
there was for overflow parking, and to delineate the focal point of
the Hotel, which was in the center of the Historic District. He does
not think it was prudent to consider this type of development right
on the front at this time. He said he does believe there were
several other opportunities for the developer to be successful. He
said he was not opposed to what they were trying to do; it was just
not in the right spot.
Judy Putz 280 West Warren Avenue, said she was here to speak
on Agenda Item 11 C. She said they had a great event Saturday
night at the Cruise -In. She said in that parking lot, they had food
trucks that most sold out of food. She said there were tons of
people there, and she feels if you develop that parking lot, they
would lose something very valuable to this District, and that was
public space. She said it was a place they can accumulate and have
fun together. She asked the Commission to say "no" to develop
that parking lot now and in the future. She said she was told by
one of them today that they were going to redevelop it, and it was
just a matter of when. She stated she would like to know when
they made that decision because she was not aware of it. She
thought that property was developed.
Jamie Veirs 1601 West Colonial Drive, Orlando, said she was
here representing the American Cancer Society. She came this
evening to talk about Relay for Life, which would be held at
Lyman High School on May 5' She said it was combining both
communities of Longwood and Altamonte Springs. She said they
also have an event coming up on April 30 and wondered if
Longwood would allow them to use the Longwood Community
Building for that event.
Mr. Williams said they would like to host their Annual Survivor
Dinner in Longwood and would request the Commission to
consider waiving the fees. He said from staff's perspective, they
would request the Commission consider and grant the request.
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Deputy Mayor Bundy said he was assuming they waive the rental
fee and the City would pick up the cleaning -up fee.
Mr. Williams responded in the affirmative.
Commissioner Sackett said it was about three (3) or four (4)
months ago that he met with Ms. Veins and they talked with
Lyman High School of where this event could be held. He said he
wholeheartedly supports the Survivor's Dinner.
Commissioner Sackett moved to ask for the Agreement the
City Administrator was talking about. Seconded by Deputy
Mayor Bundy and carried by a unanimous roll call vote.
7e MAYORS AND COMMISSIONERS' REPORT.
District 43, Commissioner Cortes thanked..staff for all the activities they
had recently starting with the Easter Egg Hunt, the Business After Hours
with the Longwood Business Council,. and capped it off with a great
Cruise -In Car Show this past Saturday evening. He said there were over
130 cars and people everywhere with the food vendors selling out. He
said this was exactly what they were envisioning happening in Longwood
every weekend. He thanked some of the vendors for donating some of the
door prizes. He said he has heard many wonderful comments on what a
great Car Show it was again. He would like to bring a Certificate of
Appreciation to Magic 107.7 FM to the next meeting. He said they were a
great sponsor for the Easter Egg Hunt and they put on a great show.
Commissioner Cortes moved to present Certificates of
Appreciation to Magic 107.7 for their support in the Easter Egg
Hunt and to present the Certificates at the next meeting. Motion
carried by a unanimous voice vote.
Commissioner Cortes spoke about the closing of Albertson's in the
communities and especially in the City. He said it was going to hurt a lot
in the community. He said he has asked his fellow Commissioners to
reach out to their legislative contacts to see what they can do to find a
suitable tenant for that building.
District 94. Deputy Mayor Bundy said he wanted to thank Ms. Longo for
coordinating with Old Florida, National Bank the Meet and Greet. He
noted it was well attended. He also thanked the Leisure Service staff for
all the events they handled so well. He said he wanted to ask the
Commission if he could take the point on this issue he was bringing up.
He said it was appropriate they did the Reiter Park presentation tonight
because he had been talking with a couple of music promoters about doing
a series of concerts in Reiter Park. He said something that was brought up
was a possibility they could get corporate sponsorship to underwrite the
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cost of it. He said he would like to explore the possibilities of doing a
concert one weekend with the Blues, one weekend with a Latin sound and
perhaps another with Bluegrass music. He stated he would try to keep
staff involvement at a minimum, and would put together- a business plan or
game plan of what it would cost the City to do it. He said he has already
talked with a few people about it, and there was some interest from a
couple of businesses in the community about doing some sponsorship.
Deputy Mayor Bundy moved to nominate himself to take the lead
on a concert series for Reiter Park. Seconded by Commissioner
Sackett and carried by a unanimous voice vote.
District 45. Conunissioner Sackett said he agrees that the Business After
Hours event was wonderful. He stated again, the Car Show was
phenomenal. He said on his stop by the Skate Park and he caught a couple
of older gentlemen climbing under the fence. He asked one gentleman if
he was going to pay for the fence or be responsible for the closing of the
Skate Park. He said he apologized and promised nothing like that would
happen again. He thanked Mr. Dix and his crews volunteering their time
and with City staff in having their Historic District Sign Meeting and
noted it worked out well. He said they were doing wayfinding signs, etc.,
and said it was a job well done. He said he was looking into starting up
Pickle Ball for seniors at Longwood Elementary School. He thanked Ms.
Meli for a job well done regarding the Facebook page for the City. He
inquired about how the auction of a ride in a fire truck, and asked how it
went.
District 91. Commissioner Maingot said on April 4 the City hosted the
Council of Local Governments in Seminole County (CALNO) Meeting in
the Commission Chambers. He said on April 7 the Easter Egg Hunt at
Reiter Park was a tremendous success with an estimated attendance of
15,000 people. He said on April 10 Ms. Bower and Ms. Murphy hosted
a Charrette in the Commission Chambers, and noted many residents and
business owners within the Historic District participated and gave their
input with regard to the conceived plans and potential signage. He
thanked Mr. Dix for his input and said it was appreciated. He said this
helped the residents to know how much they want their involvement. He
said on April 12 he attended the budget meeting of the Seminole County
Tourism Development Council (TDC). He said he was appointed by the
County and represents the seven (7) cities of CALNO. He said the
funding for that entire organization was derived from a five (5 %) percent
hotel tax, which generate's approximately $5 million in revenue for the
period of October 2010 to September 2011. He said one (1 %) percent
equates to about $650,000 and two (2 %) percent of the five (5 %) percent
goes to a special fund for a sporting complex, which has been
accumulating funds for that for three (3) years. He said the other three
(3 %) percent was for the operating funds for the TDC. He said on May
Stn, they would be having a Work Session to review the funding
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appropriations and to explore how to improve their focus and the return on
investment (ROI). He said the majority of funds were now being made in
regards to the sporting areas of soccer, baseball and softball. He said on
April 12 he attended the Meet and Greet and it had a very good turnout.
District #2o Mayor Durso said ditto to all comments by the
Commissioners on all the events and to the staff on jobs well done. He
said with regard to Magic 107.7, they were also heroes to the City when it
came to the closing of Longwood Elementary School. He said they stood
side -by -side with the City on the radio every clay, trying to get people
motivated to call the School Board and work with the City. He said he
one hundred (100 %) percent recognizes them in their commitment to
Longwood.
8e ANY AJiDl(D]l'>C'>IONS OR DELETIONS TO THE AGENDA. None.
9, CONSENT AGENDA.
A. Approve the Minutes of the March 5, 2012 Regular Meeting
and the Minutes of the March 19, 2012 Regular Meeting.
B. Approve the Monthly Expenditures for March and April 2012.
Co Approve the Monthly Financial Report for March 2012.
D. Approve for the Fire Chief to proceed with the application
process for the Federal ]Emergency Management Agency
(1£+'IEMA) ]Fire ]prevention and Life Safety Grant Application.
E. Approve an Agreement between the City of Longwood and
The Christian Sharing Center, Inc. which provides for the use
of a portion of Longwood Elementary School for the purpose
of establishing, cultivating and maintaining a Community
Carden.
F. Approve staff proposed Request for Qualifications (RFQ) from
interested contractors for general, roadway and utility
contractors and authorize staff to move forward with
advertising.
G. Approve the paving of Jessup Avenue west of Ronald Reagan
Boulevard that includes brick paving for the roadway and 18
to 20 parallel parking spaces,
H. Acceptance of the Annual Audit for the Fiscal Year Ended
September 30, 2011
Mr. Williams said with regards to Item 9 D, it was identified the
City's match for the grant, if approved, would be five (5 %) percent
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and there needed to be a correction. He said it would be ten (10 %)
percent and the amount would change to $13,950.
Commissioner Maingot moved to approve the Consent
Agenda. Seconded by Commissioner Cortes and carried by
a unanimous roll call vote.
10. PUBLIC HEARINGS. GS. None.
11. REGULAR BUSINESS.
A. Approve a Historic District Matching Grant Application from
The Sunner Law Firm for the property located at 1152 West
Warren Avenue.
Mr. Kintner said this Item was for a Grant Application for 152
West Warren Avenue and was part of the Historic District
Matching Grant Program. He said this was the first application for
this fiscal year. He said this was to make improvements to the
building, including re- painting and other structural changes to the
original front porch. He said it was a $5,000 Grant Application,
which was the highest amount for contributing structures, and staff
was recommending approval on this Item.
Deputy Mayor Bundy moved to approve the Historic
District Matching Grant as presented. Seconded by
Commissioner Sackett and carried by a unanimous roll call
vote.
B. Acknowledgement and confirmation of a Safety and Health
Program by the City Commission.
Ms. Broadway proposed to adopt a Safety and Health Manual to
create a safety environment for all employees citywide.
Mr. Williams pointed out that the adoption of the Safety and
Health Program would be a facilitator to a reduction of insurance
premiums of about three (3 %) to five (5 %) percent over the next
few years. He said they do not anticipate seeing that reduction at
this next budget cycle. He said the claims history were looked at
in a two (2) year period, so they have had a little higher than
normal claims, but they do believe in the long term they would see
those reductions and see a value in adopting the Program.
Deputy Mayor Bundy moved to approve Item 11 B
regarding the Safety and Health Program. Seconded by
Commissioner Sackett.
Discussion was held regarding the Budget Impact that was
described. in - the Agenda Item.
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Motion carried by a unanimous roll call vote.
The Commission recessed at 8:07 p.m. and reconvened at 8:11
p.m.
C. Approve staff to begin negotiations on an agreement with Mr.
Larry Meador, Owner of Ev ®k Advertising to uti&e City -
owned property on the southwest corner of the intersection of
Ronald Reagan Boulevard and Church Avenue, to construct a
6,000 square foot building to move his advertising agency to
Longwood.
Ms. Bower said Mr. Larry Meador with Ev6k Advertising came to
them looking for a space to put his 6,000 square foot building. She
said he wanted to expand his advertising agency, and wanted to be
in Longwood and to be by the SunRail Station. She said his
personnel would use the SunRail Station and was looking to
expand to about twenty -eight (28) jobs. She said they looked at
other alternatives, and given the time flame he wanted to be in this
building by the end of this year, and they came across the site at
the corner of Church Avenue and Ronald Reagan Boulevard. She
stated it made a lot of sense to them since it was near SunRail, a
signature project. She said it was their goal to slow down traffic
on Ronald Regan Boulevard, and to create a sense of place. She
said that was kind of the key intersection of the City, and they were
really wanting to create that energy there. She said the business
has high paying jobs, and was the kind of jobs that people would
go out and spend money at the shops and eat at the restaurants, and
be catalysts for other businesses to come to town. She stated that
was what the City wants to capture. She said they want to capture
those people who were making.good money, the creative class, the
kind of people in the community that create that dynamism. She
said the building was going to be designed in context with the
surroundings, and would be suitable and consistent with what was
going on in the Historic District. She said he has hired Associated
Consulting International (ACi), Inc. to do the design of the
building, so they would be proud of what goes up. She said they
were bringing this forward to you tonight to allow them to move
forward with this and negotiate an agreement with Mr. Meador to
look at long -term lease of the property. She stated as far as the
parking spaces go, twenty -eight (28) spaces were approved on
Jessup Avenue with the road diet that they talked about before with
on- street parking. She said they were looking at other ways to
provide more parking in the Historic District. She said they were
very cognizant that the Longwood Hotel was there and they think
there was an opportunity to utilize that space for economic
development and bringing in jobs, while leaving the Hotel as a
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I
ocal point. She showed a graphic Mr. Kintner put together to
show how the Hotel can be highlighted and still have buildings in
front.
Deputy Mayor Bundy said he was open to looking at concepts, but
was not going to take the first potential deal that comes along. He
said he did not want to see them get criticized for approving the
first deal that comes along, when no one else in the world knew
that parcel was up for development. He stated the best way to do it
was to put it out there, maybe have staff prepare a request for
proposal (RFP) that they would entertain potential plans or
potential uses of it and to include the parking lot on the north side
of the Clock Tower. He said he would much rather see that
developed initially because it expands the footprint of the District
in a more meaningful way than a parking lot. He said he knows
that Mr. Meador wants to bring his business into Longwood and he
would like to welcome him to Longwood, but he did not want to be
his landlord and does not want to be anyone's landlord. He said he
would rather see a development deal from someone that was going
to take what he considers the prime piece of available property that
could possibly be developed. He said he would like to see them
give some instruction to staff or some guidance to staff, and have a
work session and bring the people within the Historic District in
and have more meaningful dialogue. He said he liked that staff
was thinking outside the box, but in no way would he take the first
deal that comes along without seeing what the potential for other
deals was. He said he does not want to discourage them from
bringing these types of proposals forward. He said he was not
going to pay for the building, because someone was going to have
to have a mortgage, and they cannot mortgage a City property. He
said if it was a land lease, he certainly was not interested in doing
this without opening it up to the entire development community.
He said there could be a.lot of interest, or not. He stated tonight
his vote would be "no" on this. He said the only way he would
vote "yes" was to have staff take it out to the development
communty with an RFP.
Commissioner Cortes said he feels the same way as Deputy Mayor
Bundy. He said this was probably one of the most important
pieces of property that were left in the City of Longwood that they
actually have control over. He said to just put something there that
may or may not be what they were looking for in long -term, he
does not see it. He said right now this was the gateway to the
Historic District and people come to see us in Longwood and that
was what they will see. He said he wanted to continue talking and
find ways to offer anything they can in the City of Longwood.
Commissioner Sackett said he spent time looking at Ev6k and was
impressed with the talent that was there. He said it was an up and
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coming company and it was wonderful they have expressed an
interest in the City. He said he was also pleased with the meetings
he had with the City Administrator and Ms. Bower to get to the
"gut" of what this was all about and where the direction was. He
echoes what Deputy Mayor Bundy said, that he was enthused
about the Company coming to Longwood, but this was not the
right place.
Commissioner Maingot said he knows Mr. Meador and he knows
where his company was presently located. He said he would like
to see his company move to the City of Longwood. He said he has
had extensive conversations with the City Administrator about the
property. He said for him, it would not be the appropriate place.
He said for it being the gateway to the City, a garden setting would
be better as a welcome rather than a building placed right there.
He feels there were far better locations within the City for Mr.
Meador's business location. He suggested the property that houses
the Clock Tower as being a unique location and invited Mr.
Meador to speak further with Mr. Williams about accommodating
him and his needs.
1
Mayor Durso said that he would clarify that the property would be
developed in one shape or form. He said that it would not remain a
- panting lot. He said it was an open space for now and there were
comments made that this was a done deal. He said this was brought
forward to talk about only. He said his concern was that Mr.
Meador has a fair shake in the City like everybody else would
expect. He said development was going to come and he was very
much prepared for the fact that with many of these decisions, some
people were going to disagree with, and some may agree with
them. He said they were about to crack a whole bunch of eggs and
make a very big omelet in the middle of our City. He also said in
this particular instance, the system worked the way it was
supposed to and they have not turned their back on Mr. Meador.
He said they have indicated they were not particularly thrilled with
the positioning of this particular property and would like staff to
work with Mr. Meador on some other potential possibilities. He
said there have been some that have been noticed. He said with
regard to this particular Item, negotiation in his opinion, was the
City's way to determine what they were voting "no" on because
they were just voting "no" on the use of the property in general. He
said he believed through negotiations, they can determine what
works, what does not work, what the economic impact would be,
and where they can move it. He said it was a little bit more
methodical than just, I do not think anything should go there. He
said he thinks they shortchange themselves when they make
impulsive decisions like that. He said by just talking, he thinks
they can work out most of the details on a lot of these things. He
CC 04 -16 -12/96
said what he would like to do, seeing it was clear Item 11 C was
going to go down in flames without even a review by staff, he
wanted to make a motion.
Mayor Durso moved that we encourage or ask the City staff
to enter into some kind of economic assistance with Mr.
Meador and Ev6k to find. a place in the Historic District,
and how that looks, what that looks like, they should leave
to our very competent economic development team and his
representatives. Seconded by Commissioner Maingot.
Mr. Langley said to get a clarification Mayor Durso used the word
"negotiate" and the City may not own other property.
Mayor Durso said if "negotiations" was not the right word, into
some kind of economic development assistance to help them find a
location.
Deputy Mayor Bundy said he thought it was staff's job to assist
people with a location. He thought that was what they had been
looking at, and this was what has come forward. He does not think
they need a motion to that effect.
Mayor Durso said he was trying to show public support.
Deputy Mayor Bundy said he thought they showed public support
for that. He said in their statements they have shown that. He said
if he wanted to do anything, instruct staff to continue the job that
they were doing and to bring forward ideas to them, but to instruct
them to negotiate.
Mayor Durso amended his motion to instruct staff to keep
on doing what they are doing and to bring forward options
with the understanding there is no commitment by the City.
Commissioner Maingot amended his second.
Commissioner Cortes said it would be prudent to incorporate some
of the members of the Historic I?�istrict to welcome Mr. Meador
and to work together.
Commissioner Sackett asked what a "yes" vote would do as
compared to a "no" vote, because a " yes" vote would be asking
staff to do what they do very well.
Mayor Durso said a "yes" vote would be a vote of confidence that
was simply all it was.
Commissioner Maingot asked the City Attorney to go over the
motion to make sure they were on the right track.
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Mr. Langley said that was a very good discussion about the
motion. He said the motion as he believed was clarified in the case
the Commission was directing staff to find alternative sites that
may be privately owned in the Historic District.
Mayor Durso said let him clarify the motion.
Mayor Durso restated the motion was simply a vote of
confidence, and to give staff some direction and ask them
to continue working with Mr. Meador and Evok toward
finding a solution in helping them move into the District.
Commissioner Maingot said his second to the motion still
stands. Motion to amend carried by a four -to -one (4 -1) roll
call vote with Commissioner Sackett voting nay.
Do Appointment of an Elected Official to the Public School
]Facilities Planning Committee (PSIFPcC) as requested.
Mayor Durso moved to approve Deputy Mayor Bundy to
the Public School Facilities Planning Committee.
Seconded by Commissioner Cortes and carried by a
unanimous roll call vote.
E. At the April 2, 2012 City Commission Meeting, the City
Commission requested that staff bring back a discussion item
outlining the potential details of the program that would be
established by Ordinance Igloo 12 -1986 Tax Abatement
Program to implement the referendum on the November 2012
ballot.
Ms. Murphy said she was doing more research on this Item. She
said she found that most of the cities that have put it to a
referendum on a ballot have not actually begun a program yet for
the Abatement, even though the Referendum has passed. She said
Orange County did something, but it was mainly geared towards
qualified target industries in a select few. She said they could
work within the State Statute 196.1995, and they could make it
more restrictive. She said as each one comes forward and if it goes
to referendum to the ballot and passes, as each business comes
forward and asks for abatement, it has to go through an ordinance.
She said depending on the type of program that they want to set up
if it passes the initiative, they could do a sliding scale. She noted
the City of Melbourne did a very good job on how they did their
Program. She said they could do it depending on the number of
jobs they create, a sliding scale as to the number of years they do
the abatement, the type of technology, the type of business they
want to bring in to the City. She said it could be a myriad of ways
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how they could do it. She said they could make it less restrictive
than 196.1995, but they cannot make it any broader than the
Statute. She said what she brought forward was just to get it on the
ballot for November 6 not the actual program. She said what she
had done here was go into a much shorter version than what the
Statute reads, but what was required for a new business. She said
it was establishing ten (10) new jobs, or creates new jobs of above
wage and in the area. She reviewed the minimum criteria for new
business and existing business. She said most of it was given to
the Commission's authority to approve the ad valorem abatements
in smaller increments, to approve it into smaller increments of
years, up to one hundred (100 %) percent or up to ten (10) years.
She noted it did not reflect on any other taxes — no School Board
taxes, no County taxes — it was just strictly the ad valorem for the
City.
Commissioner Sackett said this was what they were looking for the
first time, so this was a job well done. He asked about an
agreement. He said it states "The agreement includes performance
criteria, as set by the Commission..." He said he was not.sure
about performance criteria on that level and would leave it up to
the City to tell him what would be acceptable for performance
criteria. He then inquired how often was performance criteria
evaluated.
Ms. Murphy said generally it would be annually and they could
make it a yearly review.
Commissioner Sackett said he did not see that in the Item and
would like it to be included.
Deputy Mayor Bundy said he would like to set -up the program,
and would like to set -up an annual review. He said the abatement
could be set -up in the arrears and can give them abatement when
they actually accomplish it. He said it was a fairly new concept
and if approved by the voters, businesses generally have an idea of
what they were looking for and what they were going to be held to.
Commissioner Maingot said he wanted to clarify a point. He said
once they adopt Ordinance No. 12 -1956, he inquired if they have
to go through another ordinance for each occasion when entering
such an agreement.
Ms. Murphy responded in the affirmative.
Commissioner Maingot noted that would be very expensive and
stated there must be some other way.
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Deputy Mayor Bundy said an ordinance was the only way that
gives it a public hearing, and he thought the public should be
vested in that, and he does not think that many of them were going
to go through it.
Mayor Durso said perhaps they could time it to a tax year so they
could do one (1) ordinance for the following tax year, so they only
do them once and they can sign up for it if they were going to be
approved by the Commission. He said they would get put on the
one ordinance every year.
Ms. Murphy read the criteria for new business eligibility and
expansion of an existing business.
Deputy Mayor Bundy said they were not going to do it in arrears,
so there would not be any urgency for anyone to do it because they
have to turn in any of the City's assessments or non- assessments at
a specific time. He said they could submit the applications at any
time during the year. He said they could move on them or not,
with one ordinance at whatever staff deems the City Administrator
says they need this ordinance done by this time. He stated they
could let everybody know that may be interested in it that they
have to have their application in by a specific date that would
allow them to do one (1) ordinance with multiple resolutions. That
way one (1) ordinance would take care of all of them, and they
would only have to do it once a year.
Commissioner Cortes said if they would have to do a lot, that
means there were hundreds and hundreds of jobs coming to the
City, so that would not be a bad problem to have.
Commissioner Maingot moved to approve the concept of
the criteria. Seconded by Commissioner Cortes and carried
by a unanimous roll call vote.
F. ]mead by title only, set May 7, 2012 as the public hearing date
and approve the first reading of Ordinance blue 12 -1990, which
calls for a referendum to be held on November 6, 2012,
requesting voter approval of a proposed amendment to the
City Charter, Section 6.10(b) amending such provision to
require voter approval by referendum to authorize the
issuance of debt secured by a pledge of Ad Valorem Taxation
for the purpose of construction of any capital improvement or
lease or purchase of real property, the maturity which exceeds
twelve (12) months after issuance.
Mr. Langley read Ordinance No. 12 -1990 by title only.
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Commissioner Maingot moved to approve at first reading
Ordinance No. 12 -1990 and set May 7, 2012 as a public
hearing date. Seconded by Commissioner Sackett and
carried by a unanimous roll vote.
12. CITE' ADMINISTRATOR'S REPORT.
A. Update on the statues of the State Road 434 Widening Cure
Plans.
Ms. Bower said for all those properties that were subject to Cure
Plans, they were supposed to bring them a site plan to get approved
within 180 days of the actual take. She said that has occurred in all
cases and she noted she provided a list of those properties that
were not in compliance. She said there were a number of them that
have not given them a site plan yet, and there were some they were
working on, and there was less than half that have actually gone
through the process. She said they were trying to be business
friendly, so they were not forcing these people to do anything. She
said they would like to see a site plan. She said they have heard on
signage that if they have not received checks yet, they were going
to check with the Florida Department of Transportation (FDOT) to
see if all the money had been distributed to these people. She said
they would reach out again, to at least get the site plan in and
completed, and then they would look at signs. She stated they
approved an extension on temporary signage for 180 days and that
was not going to be adequate. She said what they were looking at
was the extension on the temporary signage to force these people
to bring in their site plans to get the extra signage.
Commissioner Sackett said his biggest concern was the Pic'n Save
lot that has a v- shaped sign that has 180 days and they were one of
the groups that did not put a site plan out there yet. He said they
can ask the City Administrator go in that direction and write -up
something that would make that happen.
Mr. Williams said what he would like to do first was to verify if
FDOT had provided the funds necessary for the Cure Plan. He
said based upon that inquiry, if it was determined that checks have
been cut, then they can reach out to those folks and say they have
been compensated, and as a result of that compensation, they
needed to put in a site plan. He said they do know that the
construction was not going to be completed for some time, and
then give them the time they need as a result of construction on the
road.
Deputy Mayor Bundy said first they need to be sure the checks
have been cut to give them the necessary funds, but if they have
been cut for these people, they need to understand they can do a
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site plan based on the engineering plans for that. He said they also
need to understand they would not be grandfathered in with this
Ordinance. He said they would not be allowed to continue to
operate their business if they do not affect these Cure Plans. He
said they were adamant about that when they passed the
Ordinance. He said otherwise, they would have a bunch of non-
conforming properties, and he would not have that.
13. CITY ATTORNEYS S REPORT. No report.
14. CITY CLERK'S REPORT. No report.
15. ADJOURN. Mayor Durso adjourned the meeting at 9:00 p.m.
uur , ayor
ATTEST-
Sarah M. Mir us, MMC, MBA, City Clerk
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