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CCMtg09-17-12Min LONGW ® ®D CRTY C®MMff SSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES September 17, 2012 7000 P.M. Present: Mayor Brian D. Sackett Deputy Mayor H.G. "Butch" Maundy Commissioner Johns C. Maingot Commissioner Joe Durso Commissioner Bob Cortes Ilan Langley, City Attorney .Ion C. Williams, City Administrator Nan Winterstein, Recording Secretary Fran Meli, Director of ]Leisure Services Sheryl Bower, Director of Community Development Services Pam Bradley, Director of Financial Services 'troy Hickson, Police Chief Bill Gunbrandsen, Fire Chief �-- Wanda Broadway, Human Resources Manager Tom Smith, Division Manager of Streets and Fleet Craig Dunn, Information 'Technology Manager Michelle Longo, Executive Assistant to City Administrator Absent: Sarah M. Mirus, City Clerk (Excused) 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 10. PUBLIC HEARINGS. (PART 1) A. Dead by title only and adopt Ordinance No. 12 -1995, which fixes the final rate of ad valorem taxation for the fiscal year commencing October 1, 2012 and ending September 30, 2013. Mayor Sackett read the following statement: The final tax rate being proposed for Fiscal Year 2012/2013 is 5.5000 per $1,000 of non - exempt assessed valuation. Said rate is 7.67% higher than the rolled -back rate of $5.1083 per $1,000 of non - exempt assessed valuation as computed by F.S. 200.065. CC 09 -17- 12/291 I Mr. Langley announced having proof of publication. He then read Ordinance No. 12 -1995 by title only. Mayor Sackett opened the public hearing. No spoke one in favor to the Ordinance. The following spoke in opposition to the Ordinance: Judi Coad 1695 Grange Circle, stated after listening to the audio of the last Commission Meeting, she wanted to share her thoughts with them. She stated she believed that all of them have the City's best interest at heart but as she had heard from residents and others, these times were extremely difficult for the majority of people. . She said their decision to raise the millage rate by approximately ten (10 %) percent affects every single person who lives, works or owns property within Longwood. She said this has not been a short term recession and none of them know what will happen after the Election, but the effect of the raise of this tax will hurt the majority of the people within your jurisdiction. She said a raise in taxes will hurt more than they will gain. She said people will move out, more businesses will close, rents will go up and cost of items at the local businesses will increase. She stated none of them can sustain much more and they know the cost for the majority of the residents was going to increase in 2013, just based on the actions of what the Federal Government has already taken. She stated she has lived here for twenty -six (26) years and saw how the small town was kept small, and to her dismay, excluded from growth. She said she had seen her livable income decrease in the last five (5) years over thirty (30 %) percent and she struggles to keep afloat. She noted the employees have taken pay cuts, let alone have not had a pay increase in this timeframe. She said in her opinion she thought they did a wonderful job negotiating with the City employees. She said they would love to have the kind of health insurance that they were able to offer them, but at the cost to them, that was not what they were able to offer the employees. She said even if they do not raise the millage her taxes will increase every year based on the formula and three (3 %) percent increase to reach the current maximum. She said they will pay more no matter what they do with the millage. She said increased costs will mean gas for me for almost two (2) weeks to go to and from work, and they all know what gas was costing now -a -days. She said she would love to see the City and all of the cities and the County and the School Board work together to ask them again, as residents, to back and increase the sales tax to seven (7 %) percent, but they must let the residents within this area know that they were going to be fiscally responsible with the income, for she certainly feels that the School District was not. She stated she was a Member of the Parks and Recreation Advisory Board, and CC 09 -17- 12/292 volunteers within the City and would love to see Reiter Park built, but not at the cost of her fellow residents. She said she believes in partnering with other municipalities and companies to make these kinds of things happen. She said she had not seen this within the City and grants that was a big question mark she was asking all the time at her meeting. She said the old Pic'n Save site disgusts her, and she has worked in the field of development for many years. She said she would like to see some other land within the City purchased to develop the downtown atmosphere, but at what cost and whose cost. She said if more homes and businesses close and residents have to move out because the millage increase gave them that helping hand, they have lost much more than they will ever gain. She said she feels an increase this year was not in the best interest of the City, not to say it should not be looked at again next year. She stated she appeals to them, Commissioner Cortes, Deputy Mayor Bundy, Commissioner Durso, Commissioner Maingot and Mayor Sackett; they need to think hard and walk softly. Paul Lovestrand 500 Preston Road, thanked them for letting him speak again. He said at the last meeting, it looked like they had a compromise and he was still not satisfied. He stated he would still like to see no increase or raise. He said he heard Commissioner Maingot speak so much about moving the City torward, let's move this City forward. He said that word so many times he thought he was in a Democratic National Convention. He said one (1) thing that would move the City forward was lower taxes. He stated Commissioner Cortes talked about the roll back rate and Mayor Sackett just read the roll back as a seven (7 %) percent increase from the roll back rate, but it's a ten (10 %) percent increase from what they were paying now, plus he was in the same category as this young lady. He said three (3 %) percent his appraisal goes up because it was kept down during the times of inflation. He said it was easy to move forward with a lot of money, they did it before when times were good and that was when they should move forward, when times were good and they get more money in taxes. He said but when times were tough and people were hurting and there were repossessions and bank repositions all over town, it was not a good time to move forward with taxes. He said it was a good time to move with a word that he would like to introduce to them that they used back in the early 1990'x, it was called austerity, they watched and they count the pencils they give out and they watch the pads of paper and look at the number of police cars and the number of cars the City has and say "where can we save ". He said that was austerity, that was what they need in the Federal Government and that was what they need in the local government, austerity and less regulation. He said if they want businesses to move in and move forward with more businesses, they need to ease CC 09- 17- 12/293 up on the regulations and they need to keep lower taxes. He said take the example of Lake Mary that was brought up last time. He noted their taxes were quite a bit lower than ours, and their millage rate, excuse me, but the one (1) thing that was under their control was the millage rate. He said they can control that. The Appraiser will control the appraised value, when they multiply the two (2), the assessed value times the millage rate, they get their actual taxes. He said they only half control it but they can control the millage rate and that was what they were voting on tonight and he asked them to think about using austerity instead of tax increases. Commissioner Maingot moved to close the public hearing, Seconded by Commissioner Cortes and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 12- 1995 as presented Item 10 A. Seconded by Commissioner Cortes. Commissioner Maingot spoke, addressing Mr. Lovestrand. He stated Lake Mary's millage rate was lower than theirs but would ask him also to identify their tax base and the number of times greater it was than their small City. He said with regard to their millage rate, speaking of austerity, the millage rate has been unchanged for over eight (8) years. He noted the taxes have been up and been down and identified to the value of the homes as they fluctuate and item three (3), he was sorry they did not have the pleasure of having him in, when they were doing the Workshops on the Budget. He said he would have seen what belt tightening was all about and how difficult those sessions were. He said they actually went down on every item, line by line and they did come up with tremendous amount of savings. He said the last item, he would also like to mention, which they said to him about moving forward, yes, the only way they were going to able to bring the City forward was to be able not to increase taxes, but to increase their taxable income in terms of new development, and that demands a lot of infrastructure that was needed by potential developers in a private public partnership and that costs money to do that. He said so there comes a time after the many years, he sat on this dais and had the pleasure and privilege of representing good people that they were called upon to make a tough decision. He said like your selves and like myself, they were under the same pressure and they all have to pull in their belts and they do feel it. He stated they have to think further down the line. He said if they were to remain stagnant Lalce Mary, Altamonte and everyone else who go galloping away from them and all the potential developers would also be gathering with them and we'll be left way behind -- never, never having an opportunity of catching up and bringing the CC 09- 17- 12/294 City up so they were competitive and can invite people to come in here and do business and create the atmosphere and the service that they have continued to provide to the good people. Commissioner Cortes spoke, as he mentioned before about the caveat that he requested when they did the compromise that Mr. Lovestrand had mentioned that they did last time. He said this was not money to be spent freely. He said he has met with the Commissioners and have on public record. He stated Ms. Coad mentioned the seven (7 %) percent sales tax and he was very sorry that they lost it because they have lots of streets in this neighborhood that were going in disrepair and they have no funding for it and they lost that one (1¢) cent sales tax, which would have brought in another $500,000 to cover those. He said what he was going to do next time when Ms. Coad or Mr. Lovestrand says they have a pot hole or the street was starting to break and he has to tell him they do not have any money, sometimes they win and sometime they lose. He said lie was looking at this as this if was his responsibility to make sure that they were headed into the right direction with the changes that have occurred that were to no fault of their own, and that one (1¢) cent sales tax was one that was a real big one to him. He said he looked at some of the trim notices and has done a sampling of many. He said he did a sampling of those that no longer have the �- three (3 %) percent cap and the ones that do have it and in case of some of them, without doing anything and left the millage the way it was, they still would have between a twenty (20 %) percent to thirty (30 %) percent increase in their taxes. He said this represents what they were going in some cases, maybe another $20 or $30. He said yes, that does not sound like much but it was much for a lot of people. He said he really truly understands that, and he struggles with it but at the end of the day, he has to make sure that the City was moving into the direction that they all want it to do and that they do have the funds to cover the needs of this City as they come. He said the funds were not to be used for raises, not to be used for stuff that it should not be, it was to be used for capital improvements and possible repairs like streetscapes, etc. He said this was why he brought this forward. Commissioner Durso said he voiced his opinion at the last Meeting. Mayor Sackett said he echoes those. He stated he has been living here for twenty -three (23) years and he knows that being here for nine (9) years, that in this eight (g) years ad valorem, they have held the line on that, but their budget process has really changed. Where the austerity does come in was within those Budget Sessions and to have a Police Chief and a Fire Chief to hear clearly CC 09- 17- 12/295 i the word "no you cannot have ", what they need here was to provide the safety and the conditions for growth within the City. He said with the changes coming within here as to the train and other projects that were coming around that will generate revenue. ' But they have to, as Commissioner Maingot said, have some of those other things in place and it was sad. He said the roads were I breaking up, the subdivision that most of them live in was twenty five (25) or thirty (30) years old or more and those roads were going to have to be repaired. The sidewalks and those trees that were planted according to Commissioner Maingot were all in the wrong spots and have chewed up the sidewalks and things have to be done. He said this was the year that he thinks it was time to ' release it a little bit, do not be crazy as to how to spend it, it's the capital programs, support the public safety and they were going to move forward on it. Discussion was held on the Constitutional Amendment No. 4 that will be on the ballot for the November 6, 2012 General Election. Mayor Sackett said that on any of those Amendments that were coming up it was everyone's responsibility to educate them and take their position as they see fit. Motion carried by a three -two (3 -2) roll call vote with Deputy Mayor Bundy and Commissioner Durso voting nay. Mayor Sackett said the City of Longwood Commission has determined that a final millage rate of 5.5000 mills was necessary I to fund the final budget. The final millage rate represents an increase of 7.67% percent from the rolled back rate of 5.1083 mills. B. Read by title only and adopt Ordinance No. 12 -1996, which establishes final revenues, expenditures and fund balances for the City's fiscal year budget commencing October 1, 2012 and ending September- 30, 2013. Mr. Langley announced having proof of publication. He then read Ordinance No. 12 -1996 by title only. I Mayor Sackett said the City of Longwood. Fiscal Year 2012 /2013 Budget proposes revenues, expenditures and fund balances for the City's fiscal year budget commencing October 1, 2012 and ending September 30, 2013 were as follows: i General Fund $18,194,743 Public Utilities $ 6,226,023 Public Facilities Improvement $ 1,577,018 CC 09 -17- 12/296 Capital Projects $ 582,784 Stormwater Management $ 2,212,068 Other Funds $ 1,241,67 Total Resources $ 30,034,310 Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Cortes and carried by a unanimous voice vote. Commissioner Maingot moved to approve Ordinance No. 12 -1996 as presented Item 10 B. Seconded by Commissioner Cortes and carried by a three -two (3 -2) roll call vote with Deputy Mayor Bundy and Commissioner Durso voting nay. Mayor Sackett said the City of Longwood has adopted Ordinance No,. 12 -1996, which adopts revenues, expenditures and fund balances for the City's Fiscal Year Budget commencing October 1, 2012 and ending September 30, 2013. He said this concludes the Public Hearing on the City of Longwood's Fiscal Year 2012/2013 Final Millage Rates and Final Budget as required by Florida Statutes, Chapters 129 and 200. 3. COMMUNITY ANNOUNCEMENTS. None. 41. PROCLAMATIONS/ RECOGNITIONS. A. Proclaiming September 15 through October 45, 2012 as "Hispanic Heritage Month". Commissioner Cortes read a Proclamation proclaiming the week of September 15 through October 15, 2012 as "Hispanic Heritage Month ". B. Nomination of the Beautification Award. Mayor Sackett nominated McDonalds located at 900 West State Road 434. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. None. 6. PUBLIC INPUT. A. Public Participation. Carole Pleasants 1010 Waverly Drive, stated that she was speaking in regards to Tiberon entrances. She stated she knows they all drive past them, they must be as embarrassed as she was CC 09 -17- 12/297 but maybe not since three (3) years later she was here speaking again in front of them all and asking for help. She said they have asked, they have electronic mailed, they have called, they have met in person, they have done just about everything they can and everyone always looks at her and says yes, yes, they will help them and again it has been three (3) years, so here she stands in front of them. She said the only reason she was speaking was to go on record once again. She said they were at their mercy and has no control over any of it. She noted they have no homeowner's association (HOA) and have no participation. She said the liability that they were taking every single evening at Marin Drive and Rangeline Road, she implores them to drive by there and to get in their vehicle at 9:00 p.m. and turn into her neighborhood, because there was going to be a horrible accident, there was going to be someone killed. She said there was no lighting whatsoever, none. She said the bushes, hedges, bicycles, the children every morning getting to the Woodlands, again it was a huge liability. She said they have neighbors that do go out but they cannot sustain it. She said again, three (3) years and nothing from any of them. Mayor Sackett asked the City Administrator if they have gone back to address the special assessment and to please give them an update. Mr. Williams stated he and Ms. Pleasants actually spoke last Wednesday or Thursday and described to her that they could go through the same process that they have just gone through for the Shadow Hills Capital and Maintenance Assessment Program. He said at the conclusion of the meeting, he told her that he would direct staff to go out there and obtain some cost estimates and some options at which time he will communicate that inforrnation back to her on what an annual maintenance assessment would look like, and then they can progress with the proper notices they need to do for the annual assessments. He said they have some options to look at with respect to the annual assessments, meaning that they have just concluded the annual adoption processes and if it was something that they can get in place sooner than later, they can use an untraditional method of billing for the annual non ad valorem and then add them to the tax rolls at the next cycle. Mayor Sackett asked similar to what Shadow Hill was working with. Mr. Williams replied, very similar. Mayor Sackett asked about the ownership of the property and the wings on E.E. Williamson Road, were they with Tiberon's or personal. CC 09- 17- 12/298 Mr. Williams said that has probably been one (1) of the points of debate and discussion for quite some time. He said staff has spent a significant amount of time researching ownership of that entry way and it was discovered that there was a right -of -way utilization agreement that was executed with some members of the HOA several years ago to install those signs. He said so it actually was in the City's right -of -way but the City gave the HOA, which was no longer a viable organization, the right privilege to do that, so that was some of the paperwork and documents that they did discover. He said as they know, they have several capital and maintenance assessment programs. He said they just wrapped up the one with Shadow Hill. He said just for the Commission's perspective in terms of the time of going through the traditional processes, they have worked with the residents in Shadow Hill for nearly eleven (11) months to get that maintenance assessment program put in place. He said he understands that this has been something that they have dealt with for many, many years. Mayor Sackett asked if Ms. Pleasants and others can set -up a community meeting and move things. He asked is that a doable thing that they could send out a mailing on that. Ms. Pleasants said they did those three (3) years ago. Mayor Sackett asked Mr. Williams did they get to the sixty (60 %) percent or eighty (80 %) percent. Mr. Williams replied that it was three (3) years ago and he did not know. Mayor Sackett stated they have to do another meeting to see the sixty (60 %) percent or seventy five (75 %) percent, whatever they can get. He said he remembers Deputy Mayor Bundy was involved in that a little bit. Mayor Sackett would like to reactivate a meeting and get this going. Deputy Mayor Bundy stated the sixty (60 %) percent signatures on the petition was the responsibility of the subdivision members. He said they have to get that to present it to the City to do that. He said to his knowledge the full sixty (60 %) percent has never been presented to the City. Mayor Sackett asked that within the next four (4) or six (6) weeks to get something moving on this and get the community meeting and lets have them do the leg work like Shadow Hill and see where the numbers were and yes it died three (3) years ago and that was pathetic. CC 09- 17- 12/299 i Ms. Pleasants stated that was not the conversation that Mr. Williams and she had on Wednesday. Mr. Williams stated that he does not have a problem but that he thinks the recommendation would be once they obtain the cost estimates they do the letter to see if they can get some interest. He said it always helps to have some champions within the community to go out and generate some of the support and then they can proceed as they go forward. Mayor Sackett asked Mr. Williams what the timeline was. Mr. Williams said as soon as he gets the cost estimates back from staff, they will start the process. Ms. Pleasants asked to reiterate back to her. Mayor Sackett said Mr. Williams was saying that the cost of whatever the front would look like and whatever the back side will look like, he will get those cost estimates in a letter and they will go out and leg -work from your community to get that percent that they need to bring it before the Commission to say "yes" or "no ". He said if they have the community interest in it above sixty (60 %) percent then the City will put it in play and will move forward and asked Mr. Williams if that was right. Mr. Williams stated the sixty (60 %) percent was his understanding and they have certainly been dealing with this much longer than he has, but it was a comfortable feeling that the Commission desired to obtain from the residents. He said in terms of the actual amounts, he does not necessarily know that sixty (60 %) percent was totally obtained from Shadow Hill, but there was enough community support to be able to make that go through. Deputy Mayor Bundy stated that it was a requirement in the program they get sixty (60 %) percent positive response from the property owners. He said as long as they have sixty (60 %) percent it goes into effect. He said the sixty (60 %) percent was set because they wanted the extra cushion to make sure that the community was behind it. Mr. Williams stated that it was not a requirement from State Statutes. Deputy Mayor Bundy stated that it was a requirement in their program. CC 09- 17- 12/300 Commissioner Cortes asked if they could get an update by the next meeting so they could have a follow -up. Mayor Sackett said that he does not know if they will have an update by the next meeting. Mr. Williams said once they have options from staff, he will contact Ms. Pleasants and said here was Option A, Option B and Option C. What do they want to proceed with. He said that way it was a community decision, as opposed to us forcing it upon them as to what they want done over there, which was do different than. what they did with Shadow Hill, no different than what they did with Longwood Hills or any of the other assessments. Mayor Sackett said so that looks like within the month. Mr. Williams said in the next meeting, two (2) weeks from now, he will bring it back up. Mayor Sackett said to Mr. Williams to bring it back up forward and keep us posted. Michael Towers 754 Fleet Financial Court, said he was coaling before them for a revisit of the temporary use permits that the Commission approved approximately a month ago regarding the upgrades to the lot on State Road 434 and Ronald Reagan Boulevard (County Road 427). He said two (2) of the requirements they had were to put up a chain at the entrance ways and tow signs. He said he has spoken to staff and have spoken to a few of them about this and he was going to ask that if they would be so kind as to waive those two (2) requirements and leave them up to staff to invoke them. He said at the time it has become a problem. If they look across the street at the other lot, the chain itself looks pretty ugly. He noted the lot was looking pretty good right now. He said they have had no problems in the past month of anyone trying to get up there. He said he would say let's see if they can. revisit that with staff. If it becomes a problem, they can handle it at that particular point in time rather than taking away from the aesthetics that has been accomplished so far. Mayor Sackett asked if in the original temporary use permit that chain was listed. Mr. Towers said the chain and the tow away signs. Commissioner Durso asked what steps they have to take to put a pause on those, unless they become an issue. CC 09 -17- 12/301 i Ms. Bowers said she would defer to the City Attorney, but she ' believes seeing that there was not a public hearing required, the Commission can go ahead and direct staff to remove those requirements or modify them. Mayor Sackett asked the City Attorney if Ms. Bowers was correct. i Mr. Langley asked for a few minutes to look at the requirements. He said typically when they have a list of conditions that were in a temporary use permit, those were the conditions that govern that i approval, and he was a little hesitant to say they can do it here without having it on the agenda. I Commissioner Durso asked if they can defer this to the City Attorney's Report because either way they were going to have to take action or move it to the next meeting. 7. MAYOR II OR A D COMl6 IS . IO ERS RE OR JL . District #L Commissioner Maingot said that he only has one (1) thing he would like to bring to your attention. He said as they know, he was on the Tourism and Development Council for Seminole County and there has been a very high utilization factor of all the sporting venues and it brings an awful lot of money by way of hotel occupancy. He said the County was seriously considering spending about $28 million, first and foremost before going to a sports complex per -say to spend about $7 million or $8 million to upgrade all the existing facilities. With regard to the soccer complex, they were going to expand it by another fifteen (15) fields in collaboration with Orlando Soccer. Ladies softball pitch was becoming extremely popular and they cannot cope with the demand that was being put on them. He said he was happy they were really moving forward with it, because they might have read in this week's Orlando Sentinel, Osceola County was about to convert one hundred and fifty (150) acres or more into a sports complex down there and that will probably leave them in the cold until they catch up with that. District 92. Commissioner Durso said that this has been a really exciting night for me, he agreed with Commissioner Maingot twice in a half hour. He said first, he would like to thank everyone for their kind wishes and prayers. with regards to his Mom. He said she has been really ill the past two (2) weeks and was in the hospital, she had pneumonia and few other things and recently they thought she had a tumor in her lung. He said they were blessed to find out that she does not, but it has been relatively a stressful time for his family and him. He said he just wanted to say thank, you to everyone who has been kind enough to send their thoughts and prayers his way. He said he had a couple of conversations with the City Administrator and they were working on putting together a team with regards to the utility purchase. He said there was a lot of information, a lot of unanswered questions so they were just trying to get a beat on who CC 09 -17- 12/302 the best people or person would be to answer those questions. He said Mr. Williams was reaching out to some attorneys and to some other folks that �.. were familiar with utility purchases and as soon as they have some more final information and names, he will make sure that he brings it forward so that everyone was up -to -date on where they were and what they were doing. He said as costs become evident they will bring them forward before they pull the trigger on anything to make sure that everyone was aware and okay with the process that they were moving in. Commissioner Durso said third and final, the Mayor asked at the last Meeting that they defer their Mayor and Commissioner's Reports, and at this meeting bring back some general information from the Florida League of Cities (FLC), and there are three (3) points he would like to make with regard to the FLC and some of the policy initiatives that were happening. He said the first one was really something that he found out about at the conference and that was regarding the Hometown Health Initiative and that was where the FLC was taking pretty much a policy stance that was in favor of health clinics and general health and welfare for employees on behalf of cities. He said the overall theme was they would save money, eliminate absenteeism, reduce costs and increase productivity, etc. He said it served as a reminder and reinforcement of the general direction they would like to take. He said lie knows in a perfect world if they had a lot more money, by millions, they would be willing to do these things tomorrow. But in the meantime, they were on the right path. He said the next two (2) things were a little bit more tangible. First was the Qualified Energy Conservation Bonds. He said these bonds were the vein of Brownfields, cities, counties, the State Government and Indian Tribes and a few other very specific groups who were allowed to issue these bonds. They were for a very loosely defined conservation project. He said the rules and regulations in regard to these were very loose and considering some of the work that they were considering doing along, State Road 434 and Ronald Reagan Boulevard (County Road 427) with regard to Brownfield properties, there was some real potential there for them as a City, to be able to get their hands on some funding and finance projects that they believe will have a long term benefit for the City. He said the second one was something that they all have held near and dear to their hearts at one point or another, which was the preemption threat that they face, specifically in regards to stormwater. He said as .many of them know, he was Chairman of Growth Management and Transportation. After his Chairmanship was over he was asked, by the FLC, to switch to the Energy and Environmental Quality (EEQ) Coininittee. One of the things they talked about was the preemption of School Boards of the stormwater fee, and apparently that was an issue that they were facing Statewide. He said everyone was trying it now. He said there were a few School Boards that were still hanging on and paying the fee, but for the most part the tone from most of the cities was if they do not exempt them from construction permitting, and they do not exempt them from reviews and they do not exempt them from any nuinber of other charges and fees that would be CC 09 -17- 12/303 i associated with operating their property, why were they doing this. He said it was a slippery slope in the eyes of a lot of cities. He said it was nice that he had a Commissioner from Sanford in the room with him as well, because while they were taking a small hit, they were taking a significant hit, so they were able to show an impact on a small city and a i large city so it was a major topic of discussion and he was actually really pushing for their Committee to make it one of the top three (3) priorities that come out of the Committee, so that they can actually have a tangible thing to fight on in Tallahassee. He said he does believe that the schools were going to move this year to completely eliminate it forever and the cities really have to make up their minds as to whether or not as a group they want to fight that. He said he will let them know in the future as to what happens in the next committee meetings, but those were three (3) things that were very relevant and were timely at the least. District 93. Commissioner Cortes said he had the privilege to meet the President of United Parcel Service of America (UPS), Inc. for Central Florida and the Marketing Director also. He said they were scheduled to meet the Operations Manager to discuss future directions, possibly get them together as a future partner with the City for SunRail and other issues. He said the SunRail President said he has never been approached and hopefully they can invite him here so they can meet him and have a good and longstanding relationship with him, even better than what they have with him now. He said he will report as soon as they have that meeting complete, and he will bring the City Administrator along so they can also meet, and they will see what happens from there. District #4. Deputy Mayor Bundy said The Sharing Center, of which he ! was a Board Member, was having another food drive like they did last i year about this time. He said on next Thursday, they were having the Ribbon Cutting Ceremony, and he said he will forward invitations to everybody. He said he would like to get the consensus of the Commission to get City departments involved in it, like they did last year. He said in a very short amount of time last year, they collected over a thousand pounds of food. He said the Community Services Department beat everybody head and shoulders. He said the challenge was out there for the rest of them to step up to the plate. He said he would like to surpass what they did last year because the need was certainly still there. Mayor Sackett said they could do it through a school. It was the consensus of the Commission to approve the request of Deputy Mayor Bundy. Deputy Mayor Bundy also said, in reference to what Commissioner Durso said, about the stormwater and the school boards. He said there was an article in the paper that said the School - Board thinks they were paying too much for the Police presence on campus. He said that bothered him CC 09 -17- 12/304 enough in that it has always been a fifty -fifty (50 -50) split. He said they paid half and the School Board paid half, and they placed School Resource Officers. He said once again, the City of Longwood, since they only have one (1) School in the City limits and it does not impact them as much, but the impact on the Sheriff's Office was almost $400,000 for their portion. He said he understands the School Board was facing tight times and noted they all were. He said another thing that disturbed him was that they approved the contract several months ago. He said they have not approved any of the contracts to send them back, and school has already started. He said they already have an officer out there with no guarantee that they will get reimbursed for their portion of the money. He said he thinks it was about $35,000. He said he would like the Administrator to contact the School Board Superintendent and ask him what the story was on it. He said if they do not have any guarantees they were going to get paid for it, let's put that officer out on the street patrolling the streets. Mayor Sackett said tomorrow was the Mayors and Managers Meeting and did he want this brought up. Deputy Mayor Bundy said he would love to have it brought up. Mayor Sackett said it will be brought up. Deputy Mayor Bundy said that will be great because the School Board was hosting it. District 45. Mayor Sackett said just to let you know a few things he has been doing, Leadership Seminole, he went to track the Administrator, and he was participating. He said they had a panel of Mayors talking to the Leadership group and good questions came out of that group regarding parks and sorts of things that were encasing this County. He said he noticed the Horst property on State Road 434 was leveled, so he thinks everything was settled with that sinkhole property. He said they were starting to do something on State Road 434 because the signs were being placed from Rangeline Road down, so the stormwater drains were blocked for that. He thinks they were down to 745 days. He noted the baseball kickoff was smaller this year, and he was wondering if that was a reflection of the economy. He stated it was about 700 children that were on teams out there. He said Mr. Warren Brown was out with the flu, and with his immune system being down a little bit, he did not participate, and they saw the transitional place in being there, and it was in good hands. He noted that field needs leveling. He said he would like to see if Babe Ruth. was coming through with something on that as mentioned at the last Meeting. He said the Longwood Council Business After Hours was a great: event. He thanked everyone for coordinating it and the Chamber was there, and it was well done. He said September 11"' was most well done and that sea of flags out there made everyone stop and reflect. He said there was a man that when he went by three (3) times, he actually was CC 09 -17- 12/305 crying. He said he was from New York and he said he had seen many, many of these things but this was the best presentation he had seen. He said the field of flags, the wreaths and candles — it was all superb. He thanked everybody who bent over to place those flags and said they got it right. He said it was very reflective and responsive to the needs of those r who passed. Deputy Mayor Bundy said the Chief and he had gone to the Patriot's Breakfast in Orange County that morning, and when they had left they were setting everything up, and when they came back they swung by there to take a look at it. He said there happened to be a gentleman with a borrowed campaign sign that did not have his name on it. He said it had a protest on it that said 911 — Inside Job. He made a couple of remarks, and he looked at the man and said, just remember, they were honoring people here who died so they could stand there and say that. He said that was what it was all about. He stated that man did not stay there very long. He said his dedication was not the dedication that was shown by the people they were honoring. Mayor Sackett said he noticed traffic stopping, by there all day long and it was real nice to see. Mayor Sackett said last weekend, a little Longwood boy who was a Woodland student, but lives in Commissioner Maingot's subdivision, was injured in a fall off a diving board. He said he was a family friend of theirs and has known his mom for seventeen (17) years. He noted the little boy was five (5) years old and his birthday was this Saturday, and at 5:00 p.m. this afternoon he passed away.. He said it was very sad. 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA. Mr. Williams said he placed a copy of Ordinance No. 12 -1997, which should replace the one that was included in the Agenda. He noted changes for the extension for the non - exclusive franchise for six (6) months as opposed for twelve (12) months and that was his only change. Mr. Langley said also, if they so choose to add the item that Mr. Towers has requested to the Agenda for discussion. He said he had a chance to review the Code, and now he was comfortable with proceeding with that item if they choose. Mayor Sackett said they can call that Item 11 C. 9. CONSENT AGENDA. A. Approve Minutes of the August 20 2012 Regular Meeting. B. Approve the Monthly (Expenditures for August and September 2012. CC 09 -17- 12/306 IL C. Approve the Monthly Financial Report for August 2012. D. Approve a purchase order in the amount of $100,000 to be rolled over into Fiscal Year 2012 -2013 as a snatch for the band and Water Conservation Fund Grant. E. Approve a purchase order in the amount of $878,127 to be rolled over into Fiscal Year 2012 -2013 for the paving of 1 St Place, West Florida Avenue, West Jessup Avenue and Wilma Street. F. Approve a purchase order in the amount of $33,618.56 to Teer Engineering for the replacement of the audio system in the City Commission Chambers. Commissioner Durso moved to approve the Consent Agenda. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. (PART 11) C. Read by title only and adopt Resolution INlo. 121318 adopting a Five Year Capital Improvement Program for the Fiscal Fears 2014, 2015, 2016, 2017, and 2018 pursuant to the requirements of Section 6.07 of the City Charter. Mr. Langley announced having proof of publication for this and all Public Hearings listed on the Agenda. He then read Resolution No. 12 -1318 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Resolution. Conunissioner Durso moved to close the public hearing. Seconded by Commmissioner Maingot and carried by a unanimous voice vote. Commissioner Durso moved to approve Resolution No. 12- 1318 as presented. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. D. Continuation of the public hearing and call for additional comments relating to Resolution No. 12 -1319, which imposed the Shadow Hill Capital and Maintenance Assessment Program. I Mr. Langley said the Resolution was adopted at the last hearing, so it did not need to be read. CC 09 -17- 12/307 I I Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Resolution. E Commissioner Maingot moved to close. Seconded by `— Commissioner Cortes and carried by a unanimous voice vote. 11. REGULAR BUSINESS. A. Read by title only, set October 1, 2012 as the public hearing date, and approve the first reading of Ordinance No. 12 -1997, approving the extension of the lion- ]Exclusive franchises for the Collection of Commercial Solid Waste and /or Recovered Materials for an additional twelve (12) months. Mr. Langley read Ordinance No. 12 -1997 by title only. I I Commissioner Durso moved to approve Ordinance No. 12- 1997 as presented and set the date for October 1 St as the public hearing. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. B. Read by title only and adopt Resolution No. 12 -1322, which amends the fiscal Year 2011/2012 Budget. Mr. Langley read Resolution No. 12 -1322 by title only. Commissioner Durso moved to approve Resolution No. 12- 1322, a budget amendment for the Fiscal Year 2011/2012. Seconded by Commissioner Cortes. Commissioner Maingot asked the Administrator to go over the budget impact they have. Ms. Barclay said in the first one they recognized the short falling in the amount in the Capital Projects Fund and they were moving money from the General Reserves to the Capital Projects Fund. Mr. Williams asked was his question relating to the General Fund to the Administrator's wages and was that what his question was related to. Commissioner Maingot responded in the negative. He said ultimately he wanted to know exactly what was their percentage in terms of reserves that they were looking at as a result of what was happening here. Ms. Barclay said she would not have an answer for that one. CC 09 -17- 12/308 Mr. Williams said the fiscal year has not concluded so ultimately at the conclusion of the fiscal year, they will go through the annual �— audit and that number will be produced as a result of the annual audit. Ms. Barclay said basically what they needed to do was they had encumbered funds from last year of $106,310, which brought that fund in a deficit, so they needed to make that fund whole by transferring funds from the General. Fund into the Capital Projects Fund. She said the $84,162 were additional funds that were spent on the Public Works Building and that was over what had been budgeted in the same Fund, the Capital Projects Fund. Deputy Mayor Bundy said this was in addition to all the approvals they have made prior to this. Mayor Sackett said that was what they were hearing. Mr. Williams said some of these costs were reimbursable costs that they will be getting back from the Florida Department of Transportation and that number was in the $240,000 range. Mayor Sackett said when they were done with the final write up, they were going to see what that building really cost. Commissioner Maingot said they will be keeping them up to date through the Administrator in terms of reimbursement that they will get back, so they will know exactly where they were. Ms. Barclay responded in the affirmative. Deputy Mayor Bundy said were they really ever going to know what that Public Works Building cost theirs. He said there was no way the money that was spent by staff people will come close to actually match what was actually expended there, so they end up with another Clock Tower on their hands. Mr. Williams said he thinks they were far from a Clock Tower. He said he thinks the accounting that has taken place was much more controlled than what was put back in then. He said the information that was provided was what was recorded and subsequently audited and vetted out through the process. Deputy Mayor Bundy said they say the same thing about the Clock Tower, and it was no reflection on the Finance Department when they were running it, or since Ms. Barclay has been the Director. He said they were relying on them turning in work tickets to specifically spell out how much time they spent on that project. CC 09- 17- 12/309 He said when he was going through it, he knew the time they had people out there. Motion carried by a unanimous roll call vote. I C. Michael Towers of Fleet Financial Corporation, Inc., requests the City Commission amend the Temporary Use Permit (TUP 09 -12) waiver to allow a commercial vehicle advertising a catering business to he parked on the vacant lot located at 101 West State Road 434 (the northwest corner of State Road 434 and Ronald Reagan Boulevard). Mr. Langley said the motion would be to amend the Temporary Use Permit (TUP 09 -12) waiver for 101 West State Road 434 (the northwest corner of West State Road 434 and Ronald Reagan Boulevard) to postpone condition of approval that a chain and towing sign(s) be installed until such time as the City staff determines such improvements to be necessary. Commissioner Durso moved to approve the language as read by the City Attorney. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 12. CITY ADMINISTRATOR'S REPORT. Mr. Williams said he had an update on the efforts to replace the Rangeline Road sluice gate. He said over the last few months, he has been working with the Stormwater Engineer, Pegasus Engineering, LLC, about options for replacement. He said they have come forward with two (2) options and the first one was an in -kind gate replacement. He said the pros of that project were cost effective, there was limited engineering, minimal construction duration, there was no permit that was required, and there were only some temporary surface water impacts. He said the cons as it relates to that replacement in kind was it retains an unconventional gate orientation, he said he would call it negative pressure, from upstream. He said there could be some potential operational issues, so there was going to be some heavy reliance on staff to constantly go out there and exercise the gate to make sure it stays working properly. He said there was a possibility of a reduced service life, but if they look at the current configuration, that gate has probably been installed for nearly thirty (30) years, about twenty five (25) years operational, and there could be some contingency construction that may be required, with Option A, the cost to replace was within his signature authority, and the estimated project cost was about $18,598. He said if they proceed with that, he can sign and get that project moving as soon as tomorrow. He said as a result of that, they do have a current purchase order that was out there that was approved some time ago by the Commission in the amount of $42,181, which was `- consistent with the positive placement Option B design that they will no CC 09 -17 -12/3 10 longer need. He said there was a remaining balance of about $32,574 on that purchase order. He said he will probably spend some additional funds �-- just for construction and inspection and oversight from Pegasus Engineering to make sure that the new design and the new gate was installed correctly, and to monitor it closely. He said Option B was gate relocation, which puts it on the positive side of the flow. He said there was some possibility of improved gate orientation relative to upstream water levels and increased service life. He said the cons were increased cost structural engineering required, increased construction duration. He said there was a permit that was required from the St. John's Water Management District (SJRWMD), and there would be some operational restrictions that would be placed on that from SJRWML >,_ which would dictate the height of the gate and how often they could open or-close it and the water levels that would go on, and there would`be some minor- _ permanent surface water impacts and the cost Option to Option A, was $69,000. He said if there were no objections and to move this project off the books, he was going to proceed with Option A. Commissioner Maingot said the savings between A and - B was $51,000. He said in as much as what was there now, which they will replace with Option A which has been there for over thirty (30) years, he.thinks they ought to definitely go with Option A and save them $51,000. Mayor Sackett said this was also the original project that was $85,000 that worked its way down to $42,000, and now was at $18,000 and would help with the water management for that entire area. Deputy Mayor Bundy asked how much they have spent in engineering it so far. Mr. Williams said they have spent a little over $9,000. He said it was a significant savings, and the whole purpose in bringing it to them was to give him the options, and let him know what the cons were. Commissioner Cortes asked the Attorney since they have already approved something, do they give him the authority to rescind the original plan and go to Option A. Mr. Langley said it was safer just to do a motion because they were all in accord with it. Commissioner Cortes moved to authorize the City Administrator to use Option A for the sluice gate on Rangeline Road. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. �.- 13. CITY ATTORNEY'S REPORT. No report. 14. CITY CLERK'S REPORT. No report. CC 09- 17- 12/311 15. ADJOURN. Mayor Sackett adjourned the meeting at 8:17 p.m. Brian D. Sackett, or Nan Wiinterstein, Recording Secretary ATTEST: I Sarah 1VIi Mirus, lVI MC, MBA, City Clerk J I i CC 09 -17- 12/312