CC05-20-13MinLONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
MAY 20, 2013
7:00 P.M.
Present: Mayor Brian D. Sackett
Deputy Mayor John C. Maingot
Commissioner Joe Durso
Commissioner Bob Cortes
Commissioner H.G. "Butch" Bundy
Dan Langley, City Attorney
Jon C. Williams, City Administrator
Sarah M. Mirus, City Clerk
Troy Hickson, Police Chief
Sheryl Bower, Director of Community Development
Chris Kintner, Planner
Chris Capizzi, Acting Leisure Services Director
Bill Gulbrandsen, Fire Chief
Pam Barclay, Director of Financial Services
Michelle Longo, Executive Assistant to the 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. None.
4. RECOGNITIONS/PROCLAMATIONS.
A. Recognizing the Humphries Family and the McCullen Family
for their participation in cleaning up Rangeline Road on Earth
Day.
Deputy Mayor Maingot said both families were here this evening,
and it was our way of saying "thank you" for their tremendous
community spirit of keeping Longwood beautiful that both families
demonstrated on that eventful day. He had the pleasure of meeting
them going to and coming from both ends of Rangeline Road. At
that time, he said to them it would be great for the City to show
them how much they appreciate their activity. The Commission
voted unanimously to present a Certificate of Appreciation to each
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family. Deputy Mayor Maingot asked the McCullen Family to
step forward, and he asked Mayor Sackett to present a Certificate
to the Humphries- Family. Certificates were read and presented to
both families. Pictures were then taken.
6. PUBLIC INPUT.
A. Public Participation. None.
7. MAYORS AND COMMISSIONERS' REPORT.
District #1. Deputy Mayor Maingot said on June 18, 2013, Ms. Marion
McCarthy Lombardi, who lives in Hidden Oaks, will be 100 years old. He
was asking for proclamation to be presented to her.
It was a consensus of the Commission to have a proclamation be
completed.for Ms. Lombardi's 100th Birthday.
Mayor Sackett said this will be done through the City Clerk, and asked
Deputy Mayor Maingot to find out if she can come to a Commission
meeting, or if a representative will be here for her, -or if they will deliver it
to her home.
District #2. No report.
District #3. Commissioner Cortes said there were 235 cars at the Car.
Show, which was the second largest on record for them. He said he was
extremely proud of staff for their good work on this. He asked everyone
to keep the good people in Oklahoma and the Midwest in their prayers
because of what they were going through with the tornadoes that have
destroyed so much there. He said his daughter used to work in Moore,
Oklahoma where the schools and movie theatre were leveled. He said he
was trying to get in touch with friends and family located there, but so far
has not been able to reach anyone.
District #4. Commissioner Bundy said he would like to get a consensus
of the Commission to do a Proclamation for the Lyman High School
Volleyball Team, who just won the State Championship, and also had an
undefeated season, and to have them invited to a meeting to receive it.
It was a consensus of the Commission to have a proclamation be
completed for the Lyman High School Boys' Volleyball Team.
Mayor Sackett asked Commissioner Bundy to arrange to get them invited
to come here for the presentation.
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Commissioner Bundy asked if they had a solution on the Blackadar
signage. He said it was in his District, and he was being inundated with
electronic mails and telephone calls.
Mr. Williams said in principal, they do have an agreement reached with
Mr. Don Blackadar, which provides for relocation of the sign to the south
of his entryway. He noted that one item he has to ask for their permission
on was to provide some financial assistance for the cost that has incurred
on the engineering and construction of the sign, at its current location,
which was on hold. That amount was yet to be determined, so he would
ask the Commission for their approval to spend up to $10,000 in providing
financial assistance on the relocation of that sign.
Commissioner Bundy moved to authorize the City
Administrator to spend up to $10,000. Seconded by
Commissioner Durso.
Commissioner Bundy said one of his biggest concerns on this was he
knows there was confusion on everybody's part, because he was under the
impression the "as built" sign showed two (2) signs; but the original
approval was. Option 1 and Option 2. He said he was afraid if they do not
go forward and do this, when he does develop the rest of the property, he
was going to want a variance for the second sign. He noted by doing this,
he gets a bigger sign than what he normally would for what he was using
now, and will accommodate the future development at the same time.
Mayor Sackett said he applauds his straightforwardness and willingness in
his referring to this as a "win -win" and "works -works" for both sides
engaged in the prospects, and he said he applauds the Administrator for
bringing that meeting together.
Mr. Williams said he cannot take all that credit because he definitely has
to recognize Ms. Bower, Mr. Kintner, and the Planner, Mr. John Hambley
for addressing the matter in a very swift fashion.
Motion was approved by a unanimous roll call vote.
Commissioner Bundy said he would make sure the Longwood Green
Homeowners Association will be notified after tonight's Meeting.
District #5. Mayor Sackett said he went to a homeowners association
meeting here and Mr. Jack Caldwell was very prepared to discuss the
Citizens on Patrol (COP) Program with numerous people from various
subdivisions. He said Mr. Caldwell presented himself in an outstanding
fashion, and was very detailed, very supportive and caring, and was a
good messenger for the City. He noted he just hosted a 5K for cancer at
the Oviedo Mall, and they were able to raise $36,000 for women's cancer.
He said this Wednesday, from 6:00 p.m. to 9:00 p.m. was the annual
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trophy presentation at Candyland Park for Longwood Babe Ruth Baseball.
There were 780 baseball players. He said they were going to have a Pic'n
Save. meeting at Community Services this week to find out what can be
done and where they can move on that. He noted the Citizen Awareness
and Participation Plan (CAPP) Meeting on Weston Park was happening
Wednesday at 5:30 p.m. Mayor Sackett said Lyman High School
graduation was at the University of Central Florida this Wednesday at
9:00 a.m. He said he was proud they were the one focused on television
with a no -hats -no -hoods type thing. That sends a message that they were
not messing around in Longwood, and he said the Police Department has
been busy lately, and no -hats -no -hoods was part of that proactive strategy.
It was happening at banks in Longwood also, and he.said this was
Longwood doing what was right, and he applauds that also. He said they
were doing many things correctly here.
8. ANY ADDITIONS OR DELETIONS TO THE AGENDA.
Mr. Williams requested the addition of Agenda Item 11 D, to be added to
the Agenda and the Item was as follows:
Item .11 D, Read by title only and adopt Resolution No. 13-1331,
authorizing workshops of the City of Longwood Parks and Recreation
Advisory Board to commence at 6:00 p.m.
Commissioner Durso moved to accept the change.
Seconded by Commissioner Bundy and carried by a
unanimous voice vote.
9. CONSENT AGENDA.
A. Approve the. Minutes of the April 15, 2013 Regular Meeting.
B. Approve the Monthly Expenditures for April and May 2013.
C. Approve the Monthly Financial Report for April 2013.
D. Approval of the Florida Department of Transportation
(FDOT) Street Highway Lighting, Maintenance and
Compensation Agreement Work Order (SHLMCA) for Fiscal
Year 2013/2014 that begins on July 1, 2013.
E. Approve a change order in the amount of $15,000 for Purchase
Order #015028 to Pegasus Engineering, LLC for additional
funds needed for the renewal of Miscellaneous Stormwater
Services.
Commissioner Durso moved to approve the Consent
Agenda. Seconded by Commissioner Bundy and carried by
a unanimous roll call vote.
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10. PUBLIC HEARINGS.
A. Read by title only and adopt Ordinance No. 13-2006; repealing
Article IV, Chapter 86 (Traffic Safety Act) of the Longwood
Code of Ordinances and adding Article IV, Chapter 86 of the
Longwood Code of Ordinances, which implements the City's
automated traffic infraction detection and enforcement system
in accordance with the Florida Mark Wandall Traffic Safety
Act.
Mr. Langley announced having proof of publication for this and all
Items listed under Public Hearing. He then read Ordinance No.
13-2006. He said there were some proposed revisions to be made
in between the first reading and tonight, that he will go through;
and then the Chief can answer any questions they have. Mr.
Langley said there were a couple of things they modified, one of
which was to clarify that the City Commission will be the one
selecting the vendor. So the implementation of this program
cannot go into .effect until the Commission selects a vendor. He
said there was a change that the Legislature just passed a bill, but
he was not sure if Governor Rick Scott signed it. He may have
signed it today. The new Law provides for local governments to
have local hearing officers, so they built in a provision that
anticipates that law change in Section 86-133 to allow the City to
have its Special Magistrate or other person to serve in that
capacity; and for this Commission to approve by resolution rules
and procedures for that local hearing process and appointing the
local hearing officer and a cleric to be appointed from the City staff
to serve in the role as the clerk to the hearing officer and to provide
for payment reimbursement by petitioners of administrative costs
and then processed. There were a couple of other minor things
such as, article used in place of ordinance., a provision that referred
to a certain timeframe for issuing citations. That was all governed
by statute, and the concern there was that they have a specific date
in the Ordinance and the law changes, then the Ordinance was not
exactly the same as the Statute, so that gives more flexibility for
changes in the Law. Those changes were recommended for
adoption with the second reading.
Mayor Sackett said their motion would include these changes.
Mr. Langley said that. was what was being requested.
Commissioner Durso asked about going through those changes
one -by -one or just one (1) motion to accept the changes.
Mr. Langley said one (1) motion to accept the changes.
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Mayor Sackett opened the public hearing. No one spoke in favor
to the Ordinance. The following spoke in opposition to the
Ordinance:
Mark Randall, Esquire, 870 East State Road 434, said he has
owned his building on State Road 434 since 1985, and has
appeared before the Commission for various issues. He said the
red light camera idea was not a good idea. It has made chaos,
particularly in Orange County for those cities that have adopted it.
He explained that generally, it was not admissible and was going to
cost the City money. Mr. Randall said it was bad for business, and
they all know the roads were overloaded with traffic as it was, and
putting cameras at those intersections, particularly State Road 434
and Ronald Reagan Boulevard (also known as County Road 427),
and US Highway 17-92 and State,Road 434, would result in
additional traffic congestion. He noted there have been no studies
indicating that these red light cameras save lives or protect
property. He said the funding for magistrates or hearing officers or
Clerks will cost the City more money than the revenue will
generate. Not to mention, many people will start contesting their
tickets. Mr. Randall said it was on Channel 9 News today that it
was a bad idea. He said he would seriously ask each of them to
weigh the benefits versus the defects of passing such an Ordinance.
The police do a very fine job in regulating traffic within the City,
and having electronic devices was not a good idea.
Mayor Sackett asked if there was anyone else to rise in opposition
to the Ordinance and there was no one.
Commissioner Cortes moved to close. Seconded by
Commissioner Bundy and carried by unanimous voice vote.
Deputy Mayor Maingot moved for approval to include the
revisions. 'Seconded by Commissioner Bundy.
Mayor Sackett said he had heard that the yellow lights were going
to be shorter. He asked if that was myth or a fact.
Chief Hickson said his understanding was that the yellow light
cycle will not be shortened.
Mayor Sackett.said his understanding was that it cannot be
shortened.
Chief Hickson replied that was something they do not have control
over in the City. That was something for Florida Department of
Transportation (FDOT), and in local intersections, they were
contracted with the Seminole County Traffic Engineering. He said
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he understands that they have no plan of shortening their cycles
because the lights were in tandem with each other, so he does not
think that will be an issue.
Mayor Sackett asked Chief Hickson if he can address anything that
Mr. Randall brought forward, especially the safety aspect.
Chief Hickson said with any issue you have pros and cons to it.
He noted based upon the studies that he has read, the latest being
May, 13, 2013 out of Jacksonville who has instituted these cameras,
was that roughly seventy (70%) percent of the population was in
favor of red light cameras, and the other twenty-one (21%) percent
was just the louder opposition or minority. He explained based
upon the studies he has read, only two (2%) percent of the citations
were ever disputed or appealed, and he has plenty of things he
could cite about photo enforcement in the City of Longwood and
what the benefits were. He would be happy to share those with
them here, or he could just summarize it and tell.them that his
belief was if they save one (1) life in the City of Longwood by
having photo enforcement of red light cameras, it was worth it. He
said his goal was at the end of six (6) months to a year of assessing
the results of this Program, that the word has gotten out and
violations have diminished, and the vendor they choose comes
back to the City and says it was not worth the time and money of
the infrastructure they put in place; and they want to pull the
cameras out due to lack of revenue. He said that was the best case
scenario he can think of, and that was our goal to have voluntary
compliance, public safety, and save lives.
Deputy Mayor Maingot said there were two (2) other items that
were very important to consider. One was the widening of State
Road 434. The traffic used to be 60,000, and they were now over
70,000 to 75,000 cars, and he said when State Road 434 widening
was completed, it was going to further increase. With that comes
the inevitable tendency to speed and for rushing through
intersections. He feels if there was an adequate warning notice in
terms of their device for controlling infractions, he thinks that
would help a lot from a safety point of view. In addition to that, it
also helps in terms of detection with the cameras and where they
were going to be set to be consistent of bank hold-ups in the City
to help to pinpoint the tags on those cars, so there were very valid
benefits for the City. He noted even on Rangeline Road where that
flashing red light was and until they had officers there to enforce it,
people just went right through it as if it did not exist. He said there
has to be proper enforcement and there has to be a penalty for it.
That was the only way which they were going to have people to
operate properly and safely.
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Chief Hickson said the benefits to this program,. he believes, based
upon the research that he has done, were it saves lives, it reduces
crashes, injuries and fatalities caused by red light violators, it
modifies driving behavior; and it allows law enforcement officers
to focus their resources elsewhere on other violations. He added
the system was funded by the violators, and it was not funded by
the law-abiding tax payers. Chief Hickson added another
advantage was instant video feed from these intersections where
they have a lot of their banks positioned. In the event there was a
violent crime, such as a holdup at the bank, they have the ability to
go live feed on that video or rewind and try to identify a tag
number and a vehicle description of these violators. He explained
it was not just enforcing red light violations. It was a crime
investigation tool for us as well.
Motion carried by a three -to -two (3-2) roll call vote with
Commissioners Durso and Cortes voting nay.
B. City Commission to hear a Variance (VAR O1-13) request from
Mr. Brian Roy regarding the standards of the Historic District .
Code Book to allow a six (61) foot living wall in the front yard
along the west property line located at 221 West Warren
Avenue.
Mr. Langley announced this was a quasi-judicial matter and
outlined the guidelines for the hearing.
Mr. Langley then swore -in City Staff and the Applicant, Mr. Brian
Roy. He then opened the public hearing.
Brian Roy, identified himself as the Co -Owner of the property
located at 221 West Warren Avenue, was here to answer any
questions there may be.
Ms. Bower said the Applicant was requesting a Variance from the
City Code that provides for a requirement that fences in the front
yard be three and one-half (3%2') feet. He would like to go up to
six (6) feet with a living wall. She said staff has reviewed the
Variance pursuant to the Code, and it was supposed to meet five
(5) conditions of the Code. She stated it did not meet all five (5) of
those, it only meets two (2) of them. She further explained the
three (3) it does not meet was because there were practical or
economic difficulties in carrying out the strict letter of the
regulation. She said both the Applicant and staff agree that there
were not. The next one was, the proposed Variance will not
substantially diminish property values in or alter the essential
character of the area surrounding the site. She said staff does not
feel it was going to substantially diminish property values, but
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what they were concerned about with this was a precedent setting.
Throughout the City, the Code requires that fences drop to three
and one half (31/2') feet in the front yards, and in particular, in the
Historic District. If they were to allow fences that go up to five
(5') feet, they would alter the character of the Historic District.
Instead of walking down the street where they can see the front
yards and gardens, now if everybody put up five (5') foot fences, it
did not meet that requirement. She then read the following: "The
effect of the proposed variances is in harmony with the general
intent of this Development Code and the specific intent of the
relevant subject area(s) of the Development Code. She said this
was a matter of they have required three and one half (3 %2') feet in
the Historic District, and she thinks part of that reason was to allow
for people to actually see the historic structures. While they allow
Mr. Roy to do it, they could find that other people would like to
put six (6') foot high fences in their front yards. She explained that
they cannot recommend that this be approved based on the Code,
but the Code does provide a provision that if the Commission
wants to approve Mr. Roy's six (6') foot living wall in his front
yard, that they attach the following conditions: 1) The living wall
must be kept in a healthy and well -manicured condition at all
times. 2) Once the living wall was established, the supporting
structure shall not become visible at any time. 3) The living wall
shall be maintained to remain plumbed,_structurally sound, and not
be, permitted to lean or sag in any manner.
Commissioner Durso asked Mr. Roy if he was okay with the three
(3) things Ms. Bower just listed, that he was to promise to keep it
green and straight.
Mr. Roy said that was not a problem. He said that was consistent
with the Code for any living wall. He said his only comment in
rebuttal to the previous presentation was the fact that she referred
to this as a fence many times. It was really a living wall, and so it
was vegetative. He said it was a woven wire fence, but it was
covered with Jasmine, so it will have a continuous vegetative wall
as opposed to a fence.
Commissioner Durso asked him if he was okay with the healthy,
manicured, and keeping it upright part.
Mr. Roy said that was fine.
Commissioner Cortes asked Mr. Roy if he would be maintaining
both sides. He was concerned if a neighbor does not allow him
access or for trespassing purposes, how will he handle that.
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Mr. Roy said the way the Jasmine was growing, the actual plants
were on his side of his property, so therefore, maintaining it on his
side of the plant would be easy. He has a very good relationship
with the neighbors, and if he needed to go down their side, it
would be no problem. But, if needed, he would be able to maintain
the wall from his side.
Commissioner Bundy said he was as concerned as the staff was
that they allow this Variance, because they spent several hundred
thousand dollars for a Master Plan for the Historic District over the
years that they have all participated in and all have had input into
it, and now they were not going to go by it. It seems to be the
pattern that they go on. They have consultants come in, they do
workshops, they do visioning sessions, and they spend a lot of
time, effort, staff time, money, and come up with a game plan, and
then change it. That was his concern.
Deputy Mayor Maingot said he concurs in principal with
Commissioner Bundy, but one has to look at the application and
the particular location. He said as it stands right now, there was
nothing but unmanaged growth that exists separating those
properties, and it was in itself a wall all the way to the front, so a
manicure would be complimentary and would enhance the overall
presentation of the area rather than detract from it. He also said
they have to look at the track record of the properties that Mr. Roy
has been associated with and what has happened and been done,
and the level of maintenance that they see there. That in itself will
be manifested further with that Jasmine, a live, vegetative wall that
was proposed and partially existing already. He said he would
want to support that. He noted many times they set these things up
in terms .of rules and regulations, but he thinks it was always good
for them to judge them accordingly on the application in each and
every instance. He was thankful that this Commission has allowed
itself a certain degree of flexibility in its application.
Mayor Sackett told Mr. Roy he could respond to anything he sees
fit to at this time.
Mr.Roy said he was fine with all the comments at this time.
Mayor Sackett called on Ms. Bower.
Ms. Bower said just a reminder that staff has to go by the Code
when they make recommendations, and they understand that Mr.
Roy has been a big asset and done a lot of good for the Historic
District, so that was part of the reason they provided the second
option.
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Mr. Roy declined to speak any further.
Deputy Mayor Maingot moved to approve Item 10 B,
subject to the conditions that was identified and presented
to them by Ms. Bower and agreed to by Mr. Roy.
Seconded by Commissioner Durso and carried by a three -
to -two (3-2) roll call vote with Mayor Sackett and
Commissioner Bundy voting nay.
11. REGULAR BUSINESS.
A. Read by title only and adopt Resolution No. 13-1330,
supporting a Transportation Investment Generating Economic
Recovery (TIGER V) Grant for regional pedestrian safety
projects.
Mr. Langley read Resolution No. 13-1330 by title only.
Mr. Kintner said this Item was regarding the TIGER V
Application, and if they remember last year, they participatedin
the TIGER IV Application, and they were not successful in that
Application. He noted a lot has happened in the past year that
makes the partners, who were involved also last year, feel very
positive about this one. In particular, some of the reports that have
come out over the last year or two (2), including MetroPlan's
Pedestrian Safety Action Plan, have garnered national attention for
the need for pedestrian improvements in the Orlando region. He
explained what staff sees as an opportunity here was an
opportunity to partner with Orange and Osceola Counties, Orlando
and. Winter Park and some other partners in the region on a large
Application for a number of pedestrian projects, including for them
the Ronald Reagan Boulevard (also known as County Road 427)
Road Diet Project, sidewalk improvements on Florida Central
Parkway, and a connector from SunRail to the Cross Seminole
Trail. All of these were projects that they received a U.S.
Department of Housing and Urban Development (HUD)
Sustainable Communities Grant for the construction drawings for a
number of these projects. Mr. Kintner said what they were able to
do with those construction drawings, which they were looking to
have done by the end of the year, was use them to submit this
Application. The Application got tougher this year because there
was a stronger requirement for the projects to be construction
ready, but because of the grant the City received last year, they
were going to have these construction -ready projects, so the net
results for them was with a successful application, they would be
able to fund $4.2 million of projects for approximately $800,000
match. He said that would occur September 2014, which was the
latest date that the funds could be obligated, which would mean we
would upon a successful award, need to have a contract ready with
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the contractors having been sent out to bid and agreed to by
September 2014. Then they could begin these projects that they
were working the construction drawings for. So it was a
tremendous opportunity for the City, and the partners feel really
favorable about it partially because the application was very strong
because of the type of partners that they have, being Orange
County, Orlando, Osceola County, and they all have a strong
number of projects. Mr. Kintner said Longwood's projects fare
very well in the Application, so they feel very positive about what
they can do, and also with the number of reports that have come
out showing how major the Orlando area was for pedestrians.
They think that makes their case very strong when talking to the
Federal Department of Transportation.
Commissioner Durso moved to approve Resolution No. 13-
1330 in support of the City's Application for the TIGER V
Grant. Seconded by Commissioner Cortes.
Commissioner Cortes asked Mr. Kintner if he knows if any money
they have already spent was being used or allocated towards the
match.
Mr. Kintner said in this case it would not be. However, one thing
he does want to look at was whether the construction drawings
themselves would count towards that match. If so, that would be a
$400,000 match they can look for.
Motion carried by a unanimous roll call vote.
B. Read by title only, set June 3, 2013 as the public hearing date,
-and approve the first reading of.Ordinance No. 13-2007,
amending the City of Longwood Police Officers' and
Firefighters' Pension Trust Fund, which was adopted by
Ordinance No.11-1980; amending Section 1, Definitions;
amending Section 4, Finances and Fund Management;
amending Section 15, Maximum Pension; amending Section
29, Defined Retirement Accumulation Group Obligation
(DRAGO) Fund.
Mr. Langley read Ordinance No. 13-2007 by title only.
Commissioner Bundy moved to approve the first reading of
Ordinance No. 13-2007 and set June 3, 2013 as the public
hearing date. Seconded by Deputy Mayor Maingot and
carried by a unanimous roll call vote.
C. Read by title only, set June 3, 2013 as the public hearing date,
and approve the first reading of Ordinance No. 13-2008
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amending the Longwood City Code, Purchasing Section 62-36
to include additional exempt items and new language pertinent
to this Section.
Mr. Langley read Ordinance No. 13-2008 by title only.
Commissioner Bundy moved to approve the first reading of
Ordinance No. 13-2008 and set June 3, 2013 as the public
hearing date. Seconded by Commissioner Durso and
carried by a unanimous roll call vote.
Added On:
D. Read by title only and adopt Resolution No. 13-1331,
authorizing workshops of the City of Longwood Parks and
Recreation Advisory Board to commence at start at 6:00 p.m.
Mr. Langley read Resolution No. 13-1331 by title only.
Commissioner Durso moved to adopt Resolution No. 13-
1331, authorizing the Parks and Recreation Advisory Board
to hold their Workshop Meeting starting at 6:00 p.m.
Seconded by Commissioner Cortes.
Commissioner Durso said he wants to make sure the Administrator
walks away from this meeting knowing that the rest of them
approve of how they feel about him down the road getting the
authority to allow these meetings to start at whatever time was
convenient for public servants that have decided to volunteer their
time, as opposed to forcing people into a 7:00 p.m. meeting that
sometimes was a little too rigid for family schedules, etc.
Mayor Sackett asked Mr. Langley if that was requested from their
Commissioner here. He asked if this Resolution only deals with
this one specific meeting or does it deal with others.
Mr. Williams said the Resolution deals specifically with this one
request, but Section 2 provides for a review that the City
Administrator was directed to perform, which was a review of
Chapter 2, Article VI, Longwood City Code, "to determine
whether revision should be made to the Code to allow more
flexibility in commencement times for all City boards and
committee meetings, special meetings and workshops, and to make
other such recommendations to the City Commission as the City
Administrator may suggest."
Mayor Sackett said that was the direction to perform that, so if it
was passed, that was the direction he will lead to.
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Commissioner Bundy said he thinks it was important they look at
all of the boards and committees, and he wants to make it
extremely clear that he wants it set, so he does not get a telephone
call from a chairman of a board that the members want to have a
work session and cannot have it because of a stupid rule or the
enforcement of one. He said he was extremely angry when he got
the telephone call, and it made absolutely no sense. He said he
wants it flexible, because other than the regular meetings that
would be held at a specific time and date so the facilities could be
reserved and staff and liaison people could be in attendance, but
work sessions and special meetings, who know when they need a
special meeting. He said he cannot make the point strong enough
that he does not want to ever go through this again.
Motion carried by a unanimous roll call vote.
12. CITY ADMINISTRATOR'S REPORT.
Mr. Williams said this was basically an update on where they were with
FlexBus and LYNX involvement with the FlexBus Project. He asked Ms.
Bower to feel free to jump in if he misses any specific details. He said
essentially they have been advised by LYNX that they were going to
continue with the commitment to development of the FlexBus technology.
When -it comes to the demonstration phase of FlexBus, they were going to
actually roll the technology into the Neighbor Link, and they were happy
to come and meet with them to look at how the Neighbor Link services
could fit within the City and to satisfy our connectivity needs to SunRail
and the SunRail Station. He noted that they have advised that each one of
those routes run in the range of about $200,000, which if they look at a
Neighbor Link route, it was two (2) to. four (4) miles in circumference and
a twenty (20) passenger bus. He said he was not necessarily convinced
that it was the right service for the City of Longwood. He said back in
November, they provided a commitment letter which authorized an
operating cost sharing of $120,000 to LYNX for the Florida Department
of Transportation (FDOT) Service Development Grant. That Grant has
not been submitted on behalf of the cities, and with this kind of change in
direction, they met with the partners, City of Casselberry, Maitland and
Altamonte most recently, and they have agreed to move in a direction that
would allow them to engage with the FDOT to secure a Service
Development Grant directly. With that, he was asking the City
Commission to give him authorization to proceed and engage with their
partners in approaching FDOT to secure the Service Development Grant,
explore issuing a request for proposal (RFP) to solicit private sector
proposals for the FlexBus System, authorize the City staff and City
Attorney to engage in discussions with potential local government partners
and private sector partners in a privatized solution concept, ensure the
Federal funds for FlexBus remain focused on and available to the FlexBus
Project and service area, as well as have all documents, hardware, and
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technology provided to the cities from LYNX for F1exBus to pursue a
privatized solution concept. He noted they have been advised through
their discussions that upon the development of the technology, if a partner
in the cities want to take the technology and adapt it to another service
provider, they have that authority to do so. He said that was verbally
communicated to them. Mr. Williams said he would like to ask the
Commission to authorize the Mayor to sign the updated commitment
letter, which was originally signed back in November 2012, noting
changes to the addressee from Mr. John Lewis previously, to Secretary
Anant6i Prasad and deemphasizing the role of LYNX.
Commissioner Durso moved to authorize Items one (1) through
five (5). Seconded by Deputy Mayor Maingot.
Commissioner Bundy asked if included in this was a rescission of their
commitment letter to LYNX, because they made a commitment letter to
them with no end date, and if they do not de -commit from them, they
could be on the hook for $240,000 instead of $120,000, even if they have
indicated -they were not going to pursue it.
Mayor Sackett said his understanding of the meetings was that $120,000
was the technology part of it and nothing beyond.
Mr. Williams said $120,000 was their commitment for the FDOT Service
Development Grant, so they were going to proceed to the FDOT directly
for that Service Development Grant. He said they can supply a letter to
LYNX indicating that their letter was now shifting over to the FDOT.
Commissioner Bundy said he advises that, because that way there was no
potential for them to come back six (6) months or a year from now and say
they were going with this, and their commitment letter was still good, and
they will hold them to it.
Mayor Sackett said they were looking at something that was a conclusion
with them.
Commissioner Bundy responded in the affirmative. That way they were
moving on to where they need to be.
Mr. Williams said one of the things they want to make sure of was that
they were staying committed to the development of the technology.
Ms. Bower said the Memorandum of Understanding (MOU) only went
through the development stage and did not commit them to anything in the
future, so the MOU would probably stand because they still have to
I develop it, and that was what they were still in the process of doing. The
only difference of what happened in November and what happened now
was back in November, Lynx was still going to run the MOU and were
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still going to have oversight over it, and they have removed themselves
from that, and the partners have taken over and were actually submitting
the Grant and will oversee that operation for that year.
Commissioner Bundy asked if LYNX was still part of the technology
Grant.
Ms. Bower replied the Federal Transit Administration (FTA) Grant
developed the technology was to LYNX, so they will still be involved in
the development of the technology with the partners through that process.
She said once it gets on buses, then it will be turned over to the partners.
Mr. Williams said they want to stay committed for the development of
technology.
Mayor Sackett said he thinks Commissioner Bundy was asking for
something that puts it in writing.
Commissioner Bundy asked with the previous letter, they committed
$120,000 as their portion for the development of the technology.
Ms. Bower responded in the negative and said it was for the operation.
That was all they were involved in.
Commissioner Bundy then said if they say they were not going to do it, he
just wants to make sure that they do not come back after the technology
was developed and say this was a great idea, and they would be on the
hook.
Deputy Mayor Maingot said he thinks they were moving forward on that
technology development to justify their expenditure of the $3 million that
they got by the fact that they pulled out and left them holding nothing
because that was a matter of justification and saving face on their part.
That was what that was all about.
Mayor Sackett said it was not a pleasant meeting.
Commissioner Bundy said there was one other thing too. At various
things, he has had discussions with some of the people in Lake Mary. As
they approach and look at private/public partnerships, they have indicated
they want to have nothing to do with the LYNX process. He said they
have indicated they would be willing to partner with them, Altamonte,
Casselberry and other cities in pursuit of a private partnership of
agreement of operation. He said he knows they were not part of the Grant,
and it might be too late to include them in, but keep that in mind that it has
been indicated that they would be interested in working with them.
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Mayor Sackett said that was a new positive, so let's move forward on
Items One through Four.
Mr. Williams said it should have been one (1) through five (5).
Deputy Mayor Maingot added also, the letter to Secretary Prasad.
Motion carried by a unanimous roll call vote.
Mr. Williams said as they travel around, they can see that electronic
message centers were becoming very popular throughout the City. They
have Code in place that limits the timeframe for changing of messages to
no more than once every five (5) minutes. He explained that he would
like to be a bit more proactive in identifying those businesses that do have
those 3MCs, and sending them a reminder letter identifying what the Code
was and how often those messages were permitted to change, and to be
more informative and proactive for voluntary processes of going through
the Code.
Mayor Sackett said this all started over the Pic'n Save billboard, and also
that bus that was riding around with the flashing signs on it. He asked, did
they say five (5) minutes on this.
j Commissioner Bundy answered that they said it could change every five
l— (5) minutes.
Mayor Sackett asked if they wrote letters to all these people.
Commissioner Bundy answered as the people apply for the permit, they
were made aware specifically that they can only change every five (5)
minutes.
Mayor Sackett answered that was where he was leading to and does
anybody new at this know that this was the expectation.
Commissioner Bundy .said Walgreen's was one that was in place at the
time, and now they were getting a lot fancier with the LED stuff, but their
sign was the dot sign, and they were happy they could change it every five
(5) minutes and understood the reason being, if it was changing, people
have a tendency to read it, and most of these were at or near an
intersection.
Mayor Sackett explained that this came from the Police Department, so he
asked Mr. Williams what the outcome would be.
Mr. Williams said he was going to send a reminder letter, basically
identifying what the provisions of the Code were and encourage them to
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verify that their signs were not changing, before initiating code
enforcement action on them.
Mayor Sackett said fairness to all then.
Commissioner Cortes said, as Mr. Williams mentioned, they need to be
proactive. He also recommended that technology was shifting that way.
They see it more and more, and they were going to see new businesses
coming. The sign of the future will not be a solid sign. It will be the LED
kind, so they need to make sure whatever the Code reads that they do not
have it .at what it was five (5) years ago, and that it will be commensurate
with the changing technology so that they were not faced with changes in
variances, or requests to waive or modify anything else. It was a Code,
and they have looked at it, and they will be keeping up with that
technology.
Mayor Sackett said this was also a matter of safety.
Commissioner Bundy said but, it was still a changing sign. The
technology has changed. They were LED and can get more intricate and
can do images now, but at the same time, a sign was a way of a business
saying, "Hey, look at me", and when they all get them out there, they were
all yelling and wanting them bigger and better and faster.
He said it creates distractions- for the drivers, especially at intersections.
Deputy Mayor Maingot said they have a sign by Walgreen's that was
missing a leg. It looks like that sign has been brought from some third
world country. He said they need to either fix the sign or change it
because it looks terrible. It was being used for promoting City activities.
Mayor Sackett said that needs to be brought up to date.
13. CITY ATTORNEY'S REPORT. No report.
14. CITY CLERK'S REPORT.
Ms. Mirus said this was a reminder that on Thursday, May 23rd beginning
at 8:30 a.m., Attorney Pat Gleason with Attorney General Pam Bondi's
Office will be here to speak on Government -in -the -Sunshine -Law and
Public Records.
15. ADJOURN. Mayor Sackett adjourned t eeting at 8:03 p.m.
rian D. Sackett, M r
AT .
Sarah M. Mirus, MMC, MBA, City Clerk
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