CCMtg11-05-12Min j 1LONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
]Longwood, Florida
MINUTES
NOVEMBER 5, 2012
7 :00 P.M.
Present: Mayor Brian D. Sackett
Deputy Mayor H.G. "Butch" ]Bundy
Commissioner John C. Maingot
Commissioner Joe Durso
Commissioner Bob Cortes
Dan Langley, City Attorney
Jon C. Williams, City Administrator
Sarah M. Mirus, City Clerk
Craig Dunn, Information 'Technology Manager
Dill Gulbrandsen, ]Fire Chief
Fran Meli, Director of ]Leisure Services
Pam Barclay, Director of Financial Services
Wanda Broadway, Human Resources Manager
Sheryl Bower, Director of Community Services
Troy Hickson, Police Chief
Tom Smith, Division Manager of Streets and Fleet
Richard Kornbluh, Division Manager of Utilities
Michelle ]Longo, Executive Assistant to City Administrator
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.
3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following
announcements:
A. The "Downtown Longwood Cruise -In" Car Show will be held
on Saturday, November 10, 2012 from 5:00 p.m. until 5:00 p.m.
in the Historic District of Longwood located off of Church
Avenue.
B. The 36 Annual Longwood Arts and Crafts Festival will be
( held in Downtown Historic Longwood, from 9:00 a.m. to 5:00
p.m. on Saturday, November 17, and from 9:00 a.m. to 4:00
p.m. on Sunday, November 1S, 2012.
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4. RECOGNITIONS/PROCLAMATIONS.
A. District 91 Presentation of the Business Person of the Month
Award for November 2012 to Vitalie Avram, Owner of Max c&
Meme Cafe, located at 1050 West State Road 434.
Commissioner Maingot read a brief biography on Vitalie Avram,
Owner of Max & Meme Cafe. He stated since Mr. Avram was not
in attendance at tonight's presentation, he would contact Mr.
Avram and present him with the Business Person of the Month
Award for November 2012, at their location.
5. BOARD APPOINTMENTS.
A. District #2. Domination to the Parks and Recreation Advisory
Board.
Commissioner Durso nominated Ms. Cathy Ross, 366 Tullis
Avenue to the Parks and Recreation Advisory Board. Nomination
carried by a unanimous voice vote.
B. District #5. Nomination to the Land Planning Agency.
Mayor Sackett nominated Mr. Robin Thorn, 625 Preston Road, to
be reappointed to the Land Planning Agency. Nomination carried
by a unanimous doice vote.
6. PUBLIC INPUT.
A. Public Participation. None.
7. MAYOR AND COMMISSIONERS' REPORT.
District #4. No report.
District 95. Mayor Sackett said they received a request from Leadership
Seminole for a $500 Government Sponsorship of Lincoln on Leadership.
He wondered what their feelings were on that and what would be the
procedure if that was something they would want to support as a
Commission or as an individual. He said they were short of their
fundraising goal.
Mr. Williams said if the Commission was desirous of contributing the
$500 for the Sponsorship; it would just be an informal vote or a vote from
the Commission directing him to cut the check for them. He said he could
find the $500.
Mayor Sackett said they were requesting $500 because they were $2,000
short of their goal, which was a special conversation on Lincoln on
Leadership. He said it was Leadership Seminole, Lincoln on Leadership
featuring President Abraham Lincoln. He said it would be at the Seminole _
County Public Schools Education Support Center, and there were different
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levels of event sponsorships. He expressed that he would like to do this,
but he said he does not see spending taxpayer money on this.
Commissioner Cortes said that was how he felt about it.
Deputy Mayor Bundy said a few years ago when he was on the Envision
Seminole Board, Mr. David Maxim from Progress Energy Florida who
was real big on the series, gave each Board Member a book called
"Lincoln on Leadership ". He said it ties in some things that he did with
leadership techniques.
It was the consensus that the Commission would like to support it, but it
was not something the City will do.
Mayor Sackett said he had some things that he has attended and have been
wonderful, such as "Trunk or Treat ". He noted that was very well
organized. He said he also went to Families i i Transition, and the sad
news was that over 300 families were served this past Saturday at Winter
Springs High School, with the full gamut of services for children and
families within this County. He said there was a rise of twenty five (25 %)
percent of families that needed homes. He said it was a sad reflection of
what it was, but was a wonderful reflection of all the agencies that came
forward to help all these families that need it. He said he also went to the
Hospice of the Comforter Annual Event, which was wonderfully done
�°- with sponsorships, and they accomplished $55,000 in their efforts. He
said he saw Ms. Bower and her team go around with their bikes to show
the trip from the Orlando Regional South Seminole Hospital to the
SunRail Station, was a doable thing within the City. He said he wanted to
encourage everyone to go to Lyman High School this Wednesday because
Mr. Mark Mero will be talking about healthy life choices. He said he was
asked in a letter, why don't they ring a bell or a fire siren on November
I I at eleven o'clock, like they used to do. He asked the City
Administrator, and said that it was something without a cost, and it was a
moment of reflection, and was it something they could do easily.
Mr. Williams said Chief was giving him the nod, so he said they could
accommodate that.
Chief Gulbrandsen responded in the affirmative in commemoration of that
event. He said they do not have the station alerting as far as a siren, but
they can pull the apparatus out of the bays and sound the sirens at that
hour. He said they did not do it on the September l I event, but they can
do it on the November 1 I event and do it at the Heroes Memorial Park at
that hour for a moment of reflection.
Mayor Sackett asked the Commission if that was something they would
like to do.
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It was the consensus of the Commission to do this.
Mayor Sackett asked the City Administrator to make that happen.
Mayor Sackett said the Eagle Project was completed at Longwood
Elementary School, and the Boy Scout did the signage and planting all
along the front of Longwood Elementary and noted it looks really good.
Mayor Sackett said they get many, many proclamation requests, and while
he said he supports all of them, he said he does not know about the time
involved with them. He said some of them involve no research because of
a redundancy, but others do involve some research. He said they have had
at least twelve (12) proclamations over the last six (6) months.
Ms. Mirus said it varied from month -to -month on the proclamations that
were requested.
Mayor Sackett asked her to keep them posted on this.
Mayor Sackett then congratulated Commissioner Cortes and his family on
the birth of his grandson, Braden.
District #1. Commissioner Maingot said there were two (2) things he
wanted to discuss that were connected, and one was Rangeline Road. He
said it has a constant deterioration of the surface of the road. He said there
were new pot holes opening up every week, with a constant patching of
the road. He suggested a way of fixing the pot holes, instead of just
buying the stuff at Home Depot and putting it in the hole and spreading it
out, they might want to put some aggregate in that hole first and then put
that stuff in. It might take a little more wear and tear by doing that. He
said secondly, the reason they were having that problem was there was a
noticeable and constant increase in traffic on Rangeline Road, and people
traveling on it do not keep to the speed limit. He said they needed to do
something about that. He said it was mostly people using Rangeline Road
as a cut through to get to Interstate -4. He said whatever they were doing
regarding patching and repairs on that road, has to be improved.
District #2. Commissioner Durso said he had a friendly reminder of the
Florida League of Cities (FLC) committee meetings would be held on
November 15 and 16 and he said on December 13 the Central Florida
Legislative Delegation would be happening from 1:30 p.m. to 3:00 p.m. at
the Daytona International Speedway, and that will be, all of our
Legislators. He stated there would be quite a number of local control
issues that were going to be brought up, so it might be worth their while to
attend. He said he wanted to confirm two (2) numbers with the
Administrator. One, with the FLC, he was assuming they have paid their
dues for the year.
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Mr. Williams responded in the affirmative.
Commissioner Durso asked secondly, if they have received a grant for
$3,280 from the FLC for the Business License Tax Collection Program.
Mr. Williams stated he was not aware of that grant.
Commissioner Durso said they were claiming the City did, so staff should
look into that to make sure they were getting the money the City should be
getting from them because it pays for the dues three (3) times over.
District #3. Commissioner Cortes said Braden Robert Blanco Cortes was
born on Saturday at 2:29 p.m., and was a very healthy little boy. He said
last month there were 160 cars at the Car Show. He said the good weather
was bringing out a good turnout, and the time was now from 4:00 p.m. to
7:00 p.m. through the winter months. He said lie met last week with
people from the Parks and Recreation at the County, and they asked for
feedback from the cities on their Parks and Recreation Master Plan with
AECOM. He said there needed to be more collaboration between the
cities and the County. He noted Big Tree Park was open again, and said
they will be hearing more about the Seminole County Master Plan for
Parks and Recreation soon.
8. ANY ADDITIONS OR DELETIONS TO THE AGENDA.
Mr. Williams said they have three (3) items, to be added to the Agenda
and they were as follows:
Item 9 M, which requests to approve a purchase order to Seminole County
Public Schools Educations Support Center in the amount of $31,895 for
the lease of Longwood Elementary School.
Item 9 N, which requests to approve an Interlocal Agreement for Building
Code Inspection and related services between the City of Longwood and
the City of Altamonte Springs.
Item 11 C, read by title only and adopt Resolution No. 12 -1324, finding
that the acquisition of the wastewater utility assets of Aqua America, Inc.
located in the City of Longwood, Florida is in the public interest;
approving a Utility Acquisition Interlocal Agreement; authorizing such
acquisition by the Florida Governmental Utility Authority.
Mayor Sackett asked how he recommends they proceed and should they
take the Consent Agenda A through N, or take it separately.
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Mr. Williams said to take it A through N would be appropriate.
9. CONSENT AGENDA.
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A. Approve Minutes of the October 1, 2012 regular Meeting.
B. Approve the Monthly Expenditures for October and
November 2012.
C. Approval to issue a formal solicitation for EMS consumable
supplies and Equipment to identify the most appropriate
vendor (s) at the most cost - effective advantage to the City.
D. Approval of a Class A Special Event permit from the Central
Florida Society for Historic Preservation (CFSHP) for the 36
Annual CFSHP's Arts and Craft Festival to be held the
weekend of November 17 and 18, 2012.
E. Approve a purchase order in the amount of $82,660.67 for two
(2) complete sets of Genesis Hydraulic rescue Equipment and
miscellaneous fire rescue equipment for Engines 15 and 17.
F. Approve a purchase order in the amount of $89,890.10 to
Nexus IS for an Information 'Technology Managed Services
Agreement.
G. Approve a purchase order in the amount of $34,760 to SHI
International Corporation for year two (2) of a three (3) year
Microsoft Enterprise Agreement. _
H. Approve a contract amendment ]LONG - 400895 -2 with Sungard
Public Sector.
1. Approve to issue a formal solicitation for citywide professional
tree services.
J. Accept the band and Water Conservation Fund Grant for
$100,000.
K. Accept a Federal Fiscal Year (FFY) 2012 Edward Byrne
Memorial Justice Assistance Grant (JAG) — Florida JAG
Direct for $3,521 distributed by Florida Department of Law
Enforcement (FDLE).
L. Approve to issue a formal ,solicitation to obtain an Advanced
Meter Infrastructure system.
Added Agenda Items:
M. Approve a purchase, order to Seminole County Public Schools
Educations Support Center in the amount of $31,895 for the
lease of Longwood Elementary School.
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N. Approve an Interlocal Agreement for Building Code
Inspection and related services between the Cit of Longwood
and the City of Altamonte Springs.
Commissioner Maingot stated he had two (2) items he wished to
deal with separately, and they were Items 9 D and 9 I.
Commissioner Maingot moved to approve Consent Agenda
Items A, B, C, E, F, G, H, J, K, L, M and N. Seconded by
Commissioner Durso and carried by a unanimous roll call
vote.
Discussion was held regarding Item 9 D.
Commissioner Maingot moved to approve the Consent
Agenda Item 9 D. Seconded by Commissioner Durso and
carried by a unanimous roll vote.
Commissioner Cortes moved that Item 9 D includes the
waiving of the fee. Seconded by Commissioner Maingot
and carried by a unanimous roll call vote.
Discussion was held regarding Item 9 I.
Commissioner Maingot moved to approve Consent Agenda
Item 9 I. Seconded by Commissioner Durso and carried by
a unanimous roll call vote.
Commissioner Durso left the meeting at 7:40 p.m. and returned at 7:41
p.m..
10. PUBLIC HEARINGS.
A. Read by title only, set November 19, 2012 as the public hearing
date, and approve the first reading of Ordinance No. 12 -1998,
amending the Longwood Development Code (LDC) Article 1,
General Provisions; Article 11, Land Use and Overlay
Districts; Article V, Supplemental Standards, ]Establishing
Requirements for Pain Management Clinics.
Mr. Langley announced having proof of publication for this Item.
He then read Ordinance No. 12 -1998 by title only.
Mayor Sackett opened the public hearing. No one spoke in favor
or in opposition to the Ordinance.
Commissioner Durso moved to close the public hearing.
Seconded by Commissioner Cortes and carried by a
unanimous voice vote.
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Commissioner Cortes moved to approve Item10 A as
presented, accept the reading and set November 1.9, 2012 as
' the second hearing of Ordinance No 12 -1995. Seconded by
Commissioner Durso.
Deputy Mayor Bundy asked if there was no grandfathering in and
would have to meet the provisions of this Ordinance or they get
shut down, correct.
Chief Hickson said Ms. Bower would be the one to answer that
and stated it was his understanding the ones that were in operation
were covered under the past, which would mean they were
grandfathered in. He said this was relevant to any new pain
management clinics that would come within the City.
Deputy Mayor Bundy said that was unacceptable to him.
Ms. Bower responded in the affinnative. She said they could add a
sunset provision and stated they did not add one.
Mayor Sackett asked the Attorney to talk to them about this.
Deputy Mayor Bundy stated they could be stuck with these for ten
(10) years.
Mr. Langley said they should look at that between the first and
second reading, but he said what this Ordinance does was it does
define what a pill mill was versus what a pain management clinic
was. He said pill mills were prohibited, and the pain management
clinics were regulated with the State agency. He said they have to
comply with licensing requirements with the State. He said they
could look at adding some separate provisions that say these
expressly apply to all of them.
Deputy Mayor Bundy said if it falls under the definition of a pill
mill, they needed to go away or comply with the Ordinance.
Commissioner Sackett asked Mr. Langley if that was something he
could accomplish with the team.
Mr. Langley said they would definitely look at it and try to do that
between now and the second reading, and they will document any
changes they think will be necessary to accomplish that goal.
Commissioner Durso said he feels whatever he brings back should
be one step forward toward getting rid of it. He said as far as pain
management clinics; there was an actual legitimate medical market
for those that were regulated by the State. He said everything they
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do should be aimed at getting rid of the pill mills once and for all.
He said if Chief Hickson and his employees have to go and visit,
they should not even be there, and they should be doing everything
they can to make it more difficult to do any kind of business in
Longwood. He said it should give City staff and Chief Hickson all
the power they need to get rid of them.
Mayor Sackett said he agrees and anything short of that will not be
acceptable.
Deputy Mayor Bundy said this was one of the things he feels so
strongly about because it was one (1) of the things that came under
his Committee a few years ago for the FLC. He said he did a
tremendous amount of work getting the Legislation finally passed.
He said this was something he would pay legal bills to defend
because these places were killing people.
Motion carried by a unanimous roll call vote.
IlIl. REGULAR BUSINESS.
A. Discuss the recommended reorganization of the )Fire
Department.
Commissioner Durso moved to approve Item 11 A as
presented. Seconded by Commissioner Maingot.
Deputy Mayor Bundy said the numbers were very conservative.
He said thirteen (13) years ago, he did a lot of number crunching
on overtime issues, so he thinks they will be very pleased.
Mayor Sackett said he agrees about the numbers being
conservative and overtime was a continual budget question. He
said the pro - active thinking it was the right time and the right
place.
Commissioner Maingot said he met with the Fire Chief and City
Administrator this afternoon, and he was convinced they were
going in the right direction.
Motion carried by a unanimous roll call vote.
B. Ikon Watson Tree Farms requests the City Commission hear a
Temporary Use Permit (TUP) to allow a waiver from City
Code Section 58 -193 (c) (5) requiring a 90 -day separation
between TUP.
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Deputy Mayor Bundy moved to approve the waiver and the
90 -day fees. Seconded by Commissioner Maingot and
carried by a unanimous roll call vote.
Added Agenda Item:
C. Read by title only and adopt Resolution No. 12 -1324, finding
that the acquisition of the wastewater utility assets of Aqua
America, Inc. located in the City of Longwood, Florida is in the
public interest; approving a Utility Acquisition Interlocal
Agreement; authorizing such acquisition by the Florida
Governmental Utility Authority (FGUA).
Mr. Langley read Resolution No. 12 -1324 by title only.
' Commissioner Maingot moved to approve Resolution No.
12 -1324 as presented, Item 11C. Seconded by
Commissioner Cortes.
Deputy Mayor Bundy asked the City Administrator if he was okay
with this relating to discussions they have had regarding this and
wanting some specific language in it regarding the possibility of
utilizing some of their land for stormwater use; and was it strong
enough to compel them to do this. He said they only get one (1)
bite of this apple because they have to either approve it or deny it.
Mr. Williams said it provides a statement that they have good faith
cooperation with the City, and it was something that he and the
Attorney have worked on in terms of language. He stated there
was no formal guarantee that they cooperate with the City in good
faith. He said every indication they have had so far was that they
were willing to do so, but he thinks it was the best offer that they
can bring forward at this time.
Deputy Mayor Bundy said the other question was that he knows
utilities were bought and sold all the time. He said if they sell this
asset or as they have indicated, they only want to do an all or none
kind of thing, but would the future purchaser have to come back
and do the same thing.
Mr. Williams said the all or nothing statement really pertains from
Aqua.America to the FGUA. He stated once the FGUA gains
ownership if the transaction was completed for all the ninety (90)
different systems that were going to take place, then it becomes an
asset of that utility or authority or that governmental entity. He
said what we have tried to do with the Interlocal Agreement and
what was typically done with all the host governments that have an
asset that was owned by the FGUA, the local government gets the
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first right of refusal or the option to have those assets transferred.
He said obviously, they have to look at the financing aspects that
were taken into consideration for the purchase.
Deputy Mayor Bundy asked if this Agreement was transferable if
FGUA sells it in the future to somebody other than them. He said
he understands their intent was to keep it and operate the system in
its entirety. He said there were ninety (90) different assets
involved in it, and this was just one little piece, so they may decide
this does not fit in with their overall plans, so let's sell this off to
somebody. He said he wants to make sure it was transferable only
if they authorize the transfer.
Mr. Langley said the Statute that exists for the reason they were
coming to them was there was a mechanism that requires the host
government to approve it. He said as long as that Statute was not
amended by the Legislature, it would still apply if they sell it. He
said this Agreement does not run with the land, but if they were to
sell that utility, the Statute that now applies that has forced them in
to talk with them, would force any subsequent purchaser to do that.
Mr. Williams said they would like for the recommendation as
presented in the Agenda Memo to be read into the record as well
for approval.
Mr. Langley said he wanted to confirm that the approval of the
Resolution also approves the Interlocal Agreement that was in the
Agenda Packet and that was executed by the Mayor and the City
Clerk, so when they approve the Resolution, they were also
approving the Interlocal Agreement.
Deputy Mayor Bundy said it was his understanding the Attorney
wanted his recommendation read into the record too, and that the
motion was contingent upon these four (4) recommendations being
met.
Commissioner Maingot stated he had already made the motion, so
he said he will read paragraphs one, two, three and four -and he
read them as follows:
The City Administrator recommends .approval of Resolution_ No.
12- 1324, which:
1. Is conditioned upon the FGUA execution-of the Utility
Acquisition Interlocal Agreement.
2. Which supports the FGUA's acquisition of the wastewater
utility assets of Aqua America, Inc., located in the City.
3. Which authorizes the Mayor and City Clerk to execute the
Utility Acquisition Interlocal Agreement.
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4. Which authorizes the FGUA acquisition of the Longwood
System based upon and subject to the terms and conditions
of the Utility Acquisition Interlocal Agreement.
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Motion carried by a unanimous roll call vote.
12. CITY ADMINISTRATOR'S REPORT.
Mr. Williams reminded the Commission that he and Ms. Broadway would
be traveling to Tampa to Allen Norton & Blue's, P.A. Office to finalize
the Personnel Policies and Procedure. He said he would distribute a draft
for everyone's review.
Mr. Williams said there was a Ribbon Cutting Ceremony in celebration of
Kiddie Academy of Longwood -Lake Mary for this Thursday, November
8 1h at 12:15 p.m., located at 905 Longwood Hills Road.
Mr. Williams said there was a Business After Hours event on Thursday,
November 8"' from 5 :30 p.m. to 7:30 p.m. at the Longwood Community
Building. He stated last he wanted to recognize Mr. Dunn for his diligent
efforts in addressing the issues they have had with the audio system. It
has been a lot of work and it was not unrecognized.
13. CITY ATTORNEY'S REPORT. No report.
44. CITY CLERK'S REPORT.
A. Consider cancelling the January 7, 2013 Regular Commission
Meeting.
Commissioner Durso moved to cancel the January 7, 2013
Regular Commission Meeting in light of the Holidays.
Seconded by Commissioner Cortes and carried by a
unanimous roll call vote.
15. ADJOURN. Mayor. Sackett adjourned meeting at 8:00
Brian R. Sackett, M r
A
Sarah IV>. Mirus, MMC, MBA, City Clerk
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