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CC04-01-13MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES APRIL 19 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 Capizzi, Acting Leisure Services Director Pam Barclay, Director of Financial Services Bill Gulbrandsen, Fire Chief Craig Dunn, Information Technology Manager Patrice Murphy, Economic Development/Special Projects 1. CALL TO ORDER. Mayor Sackett called the meeting to 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcement: A. The "Downtown Longwood Cruise -In" Car Show will be held on Saturday, April 13, 2013 from 5:00 p.m. until 8:00 p.m. in the Historic District of Longwood located off of Church Avenue. 4. RECOGNITIONS/PROCLAMATIONS. A. Presentation of the Beautification Award to Mr. John Sunner property located at 152 West Warren Avenue. Commissioner Bundy presented the Owner, Mr. John Sunner with the Beautification Award. Photographs were then taken. CC 04-01-13/119 5. BOARD APPOINTMENTS. A. Commission nomination of a resident to the Board of Trustees for the Police Officers' and Firefighters' Pension Trust Fund. Mayor Sackett asked the City Clerk to let him know what has happened since the last meeting regarding this nomination. Ms. Mirus said at the last Commission Meeting, the Commission approved the nomination of Mr. Greg Cetera, who currently serves on the Land Planning Agency (LPA), and the City Code prohibits him from serving on more than one Board. Mayor Sackett asked if Mr. Cetera was planning on resigning from one in place of another. Commissioner Cortes stated that Mr. Cetera would like to stay on the LPA. Mayor Sackett said he would entertain a nomination for the Board of Trustees. Mayor Sackett said he had one person who was a Financial Manager and stated he would follow-up and let them know. Deputy Mayor Maingot said he also had one who he will possibly approach this week. The Commission deferred the nomination to the next meeting. 6. PUBLIC INPUT. A. Public Participation. None. 7. MAYOR AND COMMISSIONERS' REPORT. District #3. Commissioner Cortes said he was contacted by Cory from SEMA Action Network (SAN) and they were the ones that do the Annual Collector Car Appreciation Day in July. He said they have asked if the City of Longwood was going to participate again. He was seeking approval from the Commission to include Longwood on July 13d' to celebrate their 2nd Annual Collector Car Appreciation Day. He noted that would be the second Saturday. He said he assumes they would put it on the website like they did before, and that they would do a Proclamation like they did before also. He said he was seeking approval from the Commission. Mayor Sackett said he believes he was calling for a consensus. Commissioner Cortes stated he was calling for a consensus. He noted last year they had over 260 cars. CC 04-01-13/120 Commissioner Cortes moved to approve to participate in the 2nd Annual Collector Car Appreciation Day on July 13th. Seconded by Commissioner Bundy and carried by a unanimous voice vote. District #4. Commissioner Bundy congratulated the Leisure Services Department and the Members of the Parks and Recreation Board for an outstanding turnout at the Easter Egg Hunt. He said the weather was perfect and it was a really nice event with the partnership of 107.7 Magic and the Covenant Community Church. He wanted to remark on the electronic mail that was received from the City Administrator regarding the LYNX F1exBus report from Channel 9. He asked if there was anything more, or do they just have that, or was it exactly what he said three (3) months ago. He said it looks like the Board was backing away from their commitment to operate the system. Mr. Williams said all indications were suggesting that right now. He said the City of Altamonte Springs, Mr. Franklin Martz was trying to coordinate a meeting with the Mayors of the partners to talk about a coordinated next step. That was why they were going to try to pull that together this week and see what kind of alternatives they can talk about and bring that back to the Commission. Commissioner Bundy said he appreciated being kept in the loop on that. �— He does not understand why they do not understand that without the ability to get people from work and from home to the train station and back again, the SunRail system was doomed for failure. He said the last thing they want was two thousand (2,000) cars coming in with no place to park, so they can ride the SunRail. He said they cannot have that. He said their situation was not nearly as bad as it was in Maitland because they have a tremendous distance between their Maitland Center and where their Station was going to be. He said he has had his doubts whether LYNX was fully committed with this from the very beginning. On the staff level they were, but from the Board level it looked to him that they were not as committed as they were led to believe by LYNX. Mayor Sackett said that was Mayors and Managers, and that has basically been the discussion for the last two (2) meetings, not at the table, but within the Altamonte, Longwood and that group to make sure that this happens. He said this was the closest they have gotten to a meeting, so it will be happening soon. Commissioner Bundy said barring some kind of reversal in what they were doing, he said he made a suggestion a few months ago that maybe they need to start exploring some other options. He said one of the concerns was in order to pull off a system like this, it requires a pretty good amount of capital investment. They were all private companies and other organizations that were capable of doing this. He said Mears CC 04-01-13/121 Transportation Group was one, and Seminole Transit Lines. He said there were a lot of them that may have the capability. He stated he did not care if they were moved in vans, buses, cabs or what, but they have got to get the people from the train station to the employment centers. He said they have recognized that right from the very beginning, and if they really want to capitalize on it they have to get to the Wekiva/Sweetwater Area and from Winter Springs into the train station and from Casselberry too. He said they needed to bring them in without them bringing in their cars. He noted they cannot handle that kind of vehicle traffic because there was no place for them to park, and they will not have enough police to write all the tickets. Mayor Sackett said the other goal was to get those vehicles out of that traffic pattern. Commissioner Bundy said exactly, because SunRail does them no good if it does not keep those vehicles off the road. Ms. Bower said she wanted to add that she has been attending all the F1exBus Meetings that have been going on monthly, and the article in the Orlando Sentinel mentioned that a LYNX representative said they never had any intention of going forward with the implementation part of the project. She said in the contract that exists, it does go all the way through implementation. She said this has been a 180° turn in the last couple of weeks. She said it has always been their understanding, and they even told them that they cannot do this project through the administration offices, so this has been a kind of undoing a change of philosophy. Commissioner Bundy responded in the affirmative. He said it was a flat out backing down from it, and he said he knows he has been criticized several times in the past for his criticisms of LYNX, but he said he will stand behind his criticisms of LYNX. He said if they do not get it, they will always be a second rate bus system, and they don't get it. Mayor Sackett said that Altamonte and Longwood were on the same page. Commissioner Bundy said exactly. He said he talked with some of their elected officials at different events in Altamonte and Maitland, and they were on the same page as they were and understand the critical need for this. He said if they had no intentions of following through with implementing the system, then it seems to him that they just picked up a three ($3) to three and one-half ($3%2) million dollar grant just because they could get the money and keep some people busy. He said if that was the case, shame on them. He said he had conversations with some of the big Board Members from LYNX a few months ago, and they were saying things differently than what staff was saying, not completely a reversal, but they were expressing concerns at that time. He said just keep them informed, and unless they get some reversal, they have thirteen (13) CC 04-01-13/122 months to get this going. If they do not have that in place or the very onset of it very shortly after, the whole system was going to fail. If anything will cause it to fail, it will be no above ground transport to accumulate the people, gather them up and bring them into the train station. That was his concern. District # 5. Mayor Sackett said he will keep everyone informed. He said he has had a couple of requests at one of the Car Shows that there was the Milwee Girls Soccer Team looking for some help with some things, and he said the Police Fund has already been used. He said he seems to get more and more of those that were looking for $100 or $500, those types of things. He said he has been sending them to the City Administrator personally to see what can be done. He said Lyman Crew was another group that they have supported in a lot of things that they have done. He said almost ten (10%) to twenty (20%) percent of their children have Families in Transition, and they want to get together with the City to find out what can be the best arrangement. They have their end of the year banquet in May, and will have to check in with the City. He said the budgets were all done, and the Confiscation Fund was about all they have for those things in the annual budget. He said tax money does not go for those sorts of things. Commissioner Bundy said they have had this discussion in years past. He I said they all want to help out with things in the community, but if they were going to be directing dollars from the City, it just cannot happen because he said he does not feel it was appropriate for us, as five (5) people to sit here and decide which tax dollars they were going to give to what charity. He said he tries to direct them to some of the businesses and people that help out in those areas. Mayor Sackett said that was what he has done. He stated Ms. Lynn Whitcomb usually comes through with Families Services Groups and asks for the May 6t` Proclamation. He stated he sent that to Ms. Mirus, but her child was going to be on The Voice this week. She said she could not tell him the outcome, but he said they wished her child well. He said he did appreciate that they did get together with that Chelsea Road cul-de-sac to start talking about ideas with the Engineer and Mr. Williams, and that was a very positive meeting once they had one of the neighbors understand it was for the good of those being directly impacted, as well as where the water flow would go out toward Rangeline Road and down into the lake. He said he kept getting letters from the gas station down the street, and sometimes they were sort of awkward at best and it was from the Circle K. He said sometimes it was political letters, and sometimes he calls them "Wrongwood". He said he was looking for that cross underneath Duke Energy power lines, which Duke said they would not allow. He said Mr. David Demetree basically has a claim in against them. He said he would like to shut down those letters somehow. CC 04-01-13/123 Mr. Langley asked if it was located on State Road 434. Mayor Sackett responded in the affirmative. He said now he was saying that he was afraid to open up his electronic mails. He stated he would put it on record, he was not afraid to open up his electronic mails, but when he has been told "no" twice, four times, the answer was "no". Mr. Williams said they can certainly block the electronic mail from coming through the server altogether if that was the Commission's desire. Mayor Sackett responded in the negative. He said he would not block it, but he thinks it was time for another sit down like they had with Mr. Demetree and just tell him "no". Commissioner Bundy said it was out of their control. He stated Duke Energy will not allow it and Demetree will not allow it. He owns the property. Mayor Sackett said he wants a letter that says "no". Mr. Williams said at best, the electronic mails were slanderous and disrespectful to staff as well. Commissioner Bundy asked for the copies to be forwarded to the Commission because he wants to see them. Mayor Sackett said he talked with the District 5 Secretary, Ms. Noreen Downs with Florida Department of Transportation (FDOT) in getting an arrangement for FDOT to meet here with him and people about the State Road 434 Widening. It seems that over the next couple of weeks FDOT was to modify the turn at Palm Springs Drive, because what happens was the 1200 Building on State Road 434 really has no access to it if they were not coming from Interstate-4; so if they were coming from the east, they cannot access that. The first U-turn was probably down at Altamonte Springs, it feels like it was that far away. He said they were within the system now by allowing the turns at Palm Springs Drive, but they have to make that turn radius more effective than it was now. He said that will take a couple of weeks to get it done, particularly for the 1200 Building, that has four (4) to five (5) workshop groups coming in for training sessions every week. They do not know how to send them in. They were getting ticketed for making U-turns at Palm Springs Drive and for going through the Dental World parking lot, and it was just not a nice experience. Commissioner Bundy said they were the first ones after going through the CURE Plans to come to an agreement and implement it. Mayor Sackett said the craziness of all this goes up to Christmas time, and then in June or July, they will be done and out of there. He said from CC 04-01-13/124 Christmas to June/July was median work. They still have not agreed to a light, but they were working the numbers at Tarrytown Trail entrance- way. It was going along slower than everyone would like. Mayor Sackett said he has not seen a response to the Senior Homestead, besides Mr. Williams gave them the numbers of what it would cost them. He asked how they were planning on moving forward with that. Mr. Williams said if the Commission was desirous of moving forward, he can put together the necessary legislative documents for their action and consideration for that. He said the only thing he would offer in terms of discussion was they have just identified a bunch of priority projects and strategic initiatives as they start moving into this next fiscal cycle that ultimately takes revenues out of the coffer for him to accomplish these goals. Mayor Sackett said he would say let's discuss this the next time. Commissioner Bundy said he agreed, and if they were going to drop revenue somewhere, they have to figure out somewhere to off -set it, and he said he does understand the situation. Mayor Sackett said he has another question that he has noticed it more and more in the City as they have with the Fifth Third Bank and Pic 'n Save property and noted they had clothing drop booths there. There was another drop booth section across the street, and he said almost every larger parking lot has a clothing box drop station. He asked if they had any rules regarding those things. Commissioner Bundy said there was. one other ordinance policy they have in place that might impact it too because they set it out there, and it was specifically for the Pic `n Save in the parking lot. He said if a property was a non -operating business function, they were not allowed to generate any revenue whatsoever or conduct any business of any kind. Commissioner Durso said his only concern with this conversation was that the places that do have a business tax receipt and were operating, that was private property, and unless they were hindering traffic or were doing something that was outright illegal or hindering City operations or any economic development and were playing by the rules and do have a business tax receipt, that was a concern. Commissioner Bundy said most of those drop boxes do not go to charity. They do not take those clothes to The Sharing Center. They take them and send them to recyclers or send them overseas and resell them, or they `, grind them up. CC 04-01-13/125 Mayor Sackett said this was a non-profit donation, so they will have to research that a little bit. Mayor Sackett said the other thing was accolades to the entire City for the show put on with the Easter Egg Hunt. There were 12,000 people there, plus the Bunny Breakfast was a wonderful start to the day. He said they shined. He said the Police Department shined, and the Fire Department shined, and the Church did a fantastic job. He said he got the electronic mail that said there were other Easter Egg Hunts in other cities, but the City of Longwood was by far the best one to work with. He said his grandson won the Easter basket contest before the Mayor got there to judge it. He said the radio station gave away little bags and a big stuffed bunny. His grandson called him Easter morning and asked him to meet him at the Hospital. He noted he was eight (8) years old, and he had kept his bunny inside the plastic wrap and told him he wanted to give it to a kid who was in the Hospital on Easter, which made his Grandfather very proud. District N. Deputy Mayor Maingot said over the past six (6) months, two (2) cars traveled on Lake Emma Road at ridiculous speeds, jumped the curve and could not negotiate the turn and went through a private property fence on the hill. The first accident was about six (6) months ago, crashing into their fence, and the second one just recently crashed through their fence and into their pool area. The family had just finished eating and gone inside. He said Chief Hickson told him that sometimes they have speed control around there, but it was really a Seminole County area. He said he has a letter from that family that own that property, and would like to see the County put up some sort of a guard rail to arrest the impact of anyone going off the road there. He would like that to be dealt with on a priority basis. Commissioner Bundy said they needed to contact the County and get them involved with this. Mayor Sackett said when he first moved here, he lived in that very house twenty-four (24) years ago. Deputy Mayor Maingot also said on Saturday, March 23rd, he had an invitation from Chairman Atif Fareed, who heads up the American - Muslim Society and Association on Wilma Avenue. He said the main thing was Jesus in Islam. There was an Imam from South Africa who did the presentation, and the place was full of people. He said it was very confusing because certain parts were taken from the Bible, and then their parts were inserted in between. He said at Reiter Park there was to be a dock on the pond, and he requested the City Administrator to look into the liability of people going there and what have other cities with similar situations had to do, whether it was signage or something, because they CC 04-01-13/126 will have an open dock there and some will be playing in the Park with no one to attend to them, and they might fall into that pond. Commissioner Durso said when they do things for the children, they always have uniform rules for a lot of these things, and he said he thinks it would be very similar to the other public park apparatus. He said someone falling into a lake was similar to someone falling off the playground equipment at the park, with one accident being no greater or less than the other, and they have the same liability regardless because it was their property. He said the basic steps for a dock would be closing the dock off at sundown, and posting the appropriate language. He said he thought they would stay in line with their other parks. Commissioner Bundy said he thought from a liability issue it was no different if they fall off a dock or fall off a side of the lake into the water, as long as they were not negligent. He said he thinks there were plans to have rails around the dock. Mr. Williams said there were plans to have hand rails around the dock. Commissioner Cortes said the subdivision of Longwood Plantation has a dock that goes out into East Lake, and there has never been an issue there. It was for public use, and they can post signs that read closed from dusk to dawn. Deputy Mayor Maingot said any prevention was better than the cure, and said if they can explore it and they were covered, fine. He said it was a concern that he thought he should bring up. He also congratulated Leisure Services staff for a wonderful Easter Egg Hunt. District #2. Commissioner Durso said he wanted to discuss Good Friday and the day after Easter Sunday for being holidays. Mayor Sackett asked how does that work. Commissioner Durso said they can just decide. Mayor Sackett asked how many holidays were there. Mr. Williams said there were twelve (12) paid holidays, ten (10) of which were recognized, and a birthday and a floating holiday. He said for those employees that were represented by collective bargaining agreements that was something they can go to the negotiating table with. He said he does not see that being a big problem. Commissioner Durso said his reason for bringing this forward was because if they look at the traditional holidays, there was a long span between New Year's and Memorial Day where there was no holiday of CC 04-01-13/127 any kind, and they have spring break when they take off with their children, etc. It was a pretty long stint, and he does not see anything wrong with giving the employees one day, either that Friday or the Monday following Easter, which would be up to the City Administrator's --J discretion as far as he was concerned. Police and Fire have separate staffing requirements, and Public Works people were on duty also, he understands that. He said he thinks it would be nice to offer that. Mayor Sackett said what about if they just closed on Good Friday. Commissioner Durso responded in the affirmative. Commissioner Bundy said if they were going to do anything, he would prefer Friday over Monday because today was the Monday after Easter, and it could interfere on Monday with the Commission schedule. He said he would also say before they do that, let's see how much it will cost. Commissioner Durso said he was just bringing it up. Mayor Sackett said let's research it as far as numbers, and they have to keep the City safe and staffed, so let's research it and see how it impacts them. Deputy Mayor Maingot said he would also look into the situation with regards to the unions and see if they have to give extra additional pay for those who have to work on that day. He said he wants to see those numbers. Commissioner Durso said the reason he brought this up is that two (2) Catholic employees came to him and said there was no recognition at all for the holiday. He told them he would be happy to bring it forward. Mr. Williams said the good thing was they have a year to research this, and he was an advocate for additional time off, so he will gladly go back and research it. Commissioner Cortes said it was a national holiday. 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA. Mayor Sackett said they have to move Item 9 C to become Item 11B. He said he does not see a need for that. Mr. Williams said it was a recommendation from staff to the Commission to do so if they wanted additional discourse on it. Commissioner Bundy said they were in favor of the way it was. CC 04-01-13/128 Commissioner Durso said just so he was clear, this was just to tell you to move forward and bring this to them. Mr. Williams responded in the affirmative. Mayor Sackett moved to leave the Consent Agenda just the way it is. Seconded by Commissioner Durso and carried by a unanimous voice vote. 9. CONSENT AGENDA. A. Approve Minutes of the March 4, 2013 Regular Meeting. B. Approve the Monthly Expenditures for March 2013. C. Approve staff to move forward with the Historic District Wayfmding and Business Sign Program and bring forward final design construction drawings, locations and costs. D. Approve a purchase order in the amount of $51,380.27 to Nexus IS for the purchase of a premise based backup system. E. Approve a donation in the amount of $1,000 to SafeHouse of Seminole from the Police Confiscation Fund to help victims of domestic violence and their children. Commissioner Bundy moved to approve the Consent Agenda as presented. Seconded by Deputy Mayor Maingot and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. None. 11. REGULAR BUSINESS. A. Read by title only and adopt Resolution No.13-1329, which designates a depository, designates authorized signers and facsimile signatures for the City. Mr. Langley read Resolution No. 13-1329 by title only. Commissioner Cortes moved to approve Resolution No. 13-1329, Item 11A. Commissioner Cortes asked about the Deputy Mayox's name being H.G. "Butch" Bundy instead of John C. Maingot. Mr. Langley said right now it was the current Deputy Mayor, and it will change each year. CC 04-01-13/129 Mr. Williams said the attachments that were included with the particular Item were incorrect, and the fact that the name Commissioner Bundy as Deputy Mayor was also incorrect. Motion was seconded by Commissioner Bundy and carried by a unanimous roll call vote. 12. CITY ADMINISTRATOR'S REPORT. Mr. Williams said this was a progress report on the Dog Park. The fencing was up and construction has begun. He said they were waiting on a roll -off dumpster to be there to clean up, and they will be moving forward on the installation of fountains, benches, etc. He stated progress was definitely being made. Mr. Williams said construction began today at Reiter Park and a construction sign should go up next week and more activity will be seen. He stated designated smoking areas were marked with a smoking bin in the vicinity of the Skate Park close to the fence where the gate was. That way it was an opportunity to see who was out there smoking. They will advertise that underage smoking was prohibited to try to discourage that type of activity. He said construction activity has begun on Florida Avenue. They were there today trimming trees, and tomorrow they should start breaking ground for installation of stormwater structures. He noted that they have a lot of projects going on right now. 13. CITY ATTORNEY'S REPORT. No report. 14. CITY CLERK'S REPORT. Ms. Mirus said on Wednesday, April 3rd the City will be hosting Council of Local Governments in Seminole County (CALNO) at 6:30 p.m. with dinner being served and the Meeting begins at 7:00 p.m. 15. ADJOURN. Mayor Sackett adjourned the meeting at 7:47 p.m. Brian D. Sackett, Sarah M. Mirus, MMC, MBA, City Clerk CC 04-01-13/130