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CC07-15-13MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES JULY 159 2013 7:00 P.M. Present: 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 Bill Gulbrandsen, Fire Chief Wanda Broadway, Human Resources Manager Chris Capizzi, Acting Leisure Services Director Patrice Murphy, Economic Development/Special Projects Michelle Longo, Executive Assistant to the City Administrator Absent: Mayor Brian D. Sackett (Excused) 1. CALL TO ORDER. Deputy Mayor Maingot called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcement: A. Senior Matinee will be held on Wednesday, July 17, 2013 from 1:30 p.m. until 3:30 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is Big Fish. 4. RECOGNITIONS/PROCLAMATIONS. A. Presentation of the Beautification Award to Mr. Robert Maksimowicz for the property located at 530 South Ronald Reagan Boulevard. Deputy Mayor Maingot presented Mr. Robert Maksimowicz with the Beautification Award. Photographs were then taken. B. Proclaiming June 12, 2013 as "Collector Car Appreciation Day". CC 07-15-13/207 Commissioner Cortes read a Proclamation proclaiming the day of July 12, 2013 as "Collector Car Appreciation Day". 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Charter Advisory Committee. The nomination was deferred to the next Commission Meeting. B. District #1 Nomination to the Parks and Recreation Advisory Board. Deputy Mayor Maingot nominated Mr. Steven R. Croston, 824 Maraval Court, to the Parks and Recreation Advisory Board. Commissioner Durso moved to approve the nomination. Seconded by Commissioner Bundy and carried by a unanimous voice vote with Mayor Sackett absent. 6. PUBLIC INPUT. A. Public Participation. Robert N. Webster, 3435 Holliday Avenue, Apopka, 32703, said he was here to speak about the Dance Club, Sunday Night Dances. He said he was here to speak about Mr. Dick Lovell, who used to book the bands for Moose Lodge #1147 in Pennsylvania. Mr. Webster said he has been involved in dancing for the seniors since 1975. He said between both backgrounds, Mr. Lovell and he were well qualified. He said what they would like to do was answer any questions people might have. He noted that someone caused a disruption in the Dance Club. Deputy Mayor Maingot said he noticed Mr. Webster has not discussed this issue with City staff. He pointed out Mr. Capizzi, who heads up that particular function for the City, and said he would be the appropriate person within the City to speak with about this. Dick Lovell, 808 Raven Avenue, said he was there on behalf of the senior citizens of the surrounding. area. He said about a year and a half ago, they started the Sunday Night Dance for the senior citizens, and the name of Longwood Sun Dancers was picked for the group. He said he picks out bands, puts out flyers, and travels to several dances to find new bands. He noted that when they find a band they do not like, they notify Mr. Capizzi to ask him to not book them anymore. He said they did this once, and they were told that Commissioner Durso called Mr. Capizzi to tell him to book the band Reflections again. He said if this was continued, they will not have attendance to support the dances anymore. A CC 07-15-13/208 lady named Connie heads up the band called Reflections, and he said he found out through sources, that she bragged about this fact. He said he can say only good things about Mr. Capizzi because he was always there for them and does a wonderful job getting the flyers out and does everything he can to make it a great success. Mr. Lovell said if Mr. Capizzi and he cannot even book the bands without interference from the City, then he said he would resign. Commissioner Durso asked Mr. Capizzi to step-up. He then asked Mr. Capizzi if he in any way directed, demanded or insisted for him in any way to put that band back on the schedule. Mr. Capizzi responded in the negative and stated he did not demand it. Commissioner Durso said he was not in the business of being a music director. He said they have a very competent staff that was paid fairly well to be able to handle these types of issues, so he said the only reason he was speaking on this was because his name has been brought into this now. He said certainly they do not want to lose a valuable asset as him. They do not want him to resign, that was not what they were looking for. He said he would advise all parties involved to get together and come to some sort of agreement, because he can assure them if the Commission does chime in on this, the music tastes were going to become very eclectic very quickly, and Commissioner Bundy was going to take a very personal interest in what kind of music gets played. He advised everyone who was before them this evening to heed this suggestion and get this straightened out before they actually do decide it was time to step-in. He said he does not think anyone wants the Commission to step in here. 7. MAYOR AND COMMISSIONERS' REPORT. District #4. Commissioner Bundy said that was the reason he did not weigh in on this. He said he wanted to let everybody know that occasionally there were conflicts, whether it was between staff, staff and the public, or whatever, but nobody was ever happy when the Commission weighs in on something. He said they tend to do what they feel was best, and that may not necessarily be what the people who were participating feel was best. He said he would like to say "ditto" to the recommendations of Commissioner Durso. If there were conflicts between some of the participants and staff, staff was going to win that conflict. If there was conflict between participant and participant, work it out before staff gets involved. He said it was a good event, and he and his wife have been to it several times. He would like to see it continued, and in no way do they want anybody to resign from it. CC 07-15-13/209 Commissioner Bundy said last week the Mayor was on vacation and the Deputy Mayor was out of town, and he was the only one left that answered the phone so he ended up in about a two (2) hour meeting with Florida Department of Transportation (FDOT) on the reimbursement for the relocation of the Public Works Facility. He noted the City Attorney and City Administrator were there, along with him and Associated Consulting International (ACi), Inc. representative Mr. Lowell Clary, who was there on their behalf. He said two (2) hours after the meeting started, they were pretty much in the same spot they were in at the beginning, which was nowhere. He said one of the biggest hurdles was they do not know what the Transportation Authority was going to allow but, they have not asked them — eighteen (18) months later. After eighteen (18) months, they have not asked them if they will allow certain expenses. He said he was a bit confused, and thought he asked them three (3) times, why don't they ask them. He thinks they do not have any answers, and the problem they seem to be having was that FDOT was running this project just like they run every other project. They have certain processes that they use, and they refuse to think outside the box. One of the problems was the way they constructed the building through the Job Order Contracting (JOC) process. He said they cannot get a handle on that, but they have not asked anybody if that was an approved method. It was competitively bid for the contract, and that was the one thing. That was what they look for — competitive bids. He said he has his doubts, but thinks they have a good shot at getting the $244,000 in additional relocation expenses. Unless they get really creative, which they were trying to do after the meeting coming up with some different approaches, it was about $700,000 in additional costs of the Facility. He said his suggestion to the staff and the Attorney, which they will look into was, the whole thing was a relocation expense. If they had not bought the property, they would not have had to move the building, or they would not have had to build a new building. He said he represented the City, and his expectations were met. He said it was a little frustrating, and at the end of the day he thinks they have a pretty good shot of getting the $244,000, which apparently they never looked at when they submitted it. He said ACi and Mr. Lowell were going to sort it out from relocation expenses to construction expenses and resubmit the relocation expenses and go from there. He said District Five Secretary of the FDOT, Noranne Downs was trying to work with them, and figure out a way to help them out. He said they may have to take a different approach in this, and that was one of the things he asked them if this was the right approach or should they approach it from another avenue. It was an unusual situation, and they were not thinking outside the box right now. Commissioner Bundy said it was a great Car Show this weekend. The clouds parted, and the Historic Society sold out of almost everything. District #5. Absent. CC 07-15-13/210 District #1. Deputy Mayor Maingot asked if the other Commissioners received notice about the 1st Annual Chili Cook -Off being sponsored by the Leisure Services Department on September 14, 2013. They need to discuss this among ourselves and see whether they were interested in coming together with their various talents. Commissioner Bundy said he already had his team. Deputy Mayor Maingot said he was keenly observing the progress they were making at Reiter Park, and noticing they were ahead of schedule, despite the rain. They will probably have it completed by the end of July instead of the beginning of September, which was great. District #2. Commissioner Durso said the trip to Portugal was successful. He represented The Rotary Club of Longwood at the Rotary International Convention in Lisbon, Portugal about three (3) weeks ago. He said it was an eye-opening experience to see 30,000 Rotarians from around the world talking about all the different things that Rotary does. He wanted to again thank the City for its continued support and relationship with the Rotary Club. He said Chief Hickson and Commander David Dowda have become members of the Rotary Club. He stated he was the current President, and Chief Gulbrandsen has indicated an interest in attending the meetings, and Commissioner Bundy was coming tomorrow to introduce the Early Learning Coalition to their members. He noted that Rotary does a lot with folks in their community, such as the Early Learning Coalition and The Christian Sharing Center. He said he received a telephone call from the Florida League of Cities as a reminder to sign-up for committees if anyone is planning on serving on any committees at the League Conference in August. He thanked Ms. Mirus for getting all the electronic mails and confirmations squared away. He wanted, at some point, to talk about flooding issues. He knows an action plan has been developed for some of those areas. Many of those areas were in his District because his District was in one of the lower lying areas in the City. He received some telephone calls from residents about lawn flooding and the lakes backing up, so he would like to get an update on what they were doing. The Tri- County League of Cities will be hosting a City Award Ceremony toward the end of the year where they will be able to nominate employees and senior staff for awards to be recognized by the Tri-County League. He said as soon as information becomes available, he will let everyone know. The current President, Tony Ortiz, City Commissioner for the City of Orlando, has acquired the Harry P. Leu Gardens facility for this event. District #3. Commissioner Cortes said on Saturday the remnants of Tropical Storm Chantal was surrounding the State of Florida, but their prayers were answered, and about 4:30 p.m. there were sixty (60) cars lined up on the streets, with the owners wondering what was going to happen. Commissioner Cortes said the storm by-passed them because it was raining in Casselberry and Winter Park, but not in Longwood. He CC 07-15-13/211 said there were over two hundred (200) cars, and they had the most foot traffic they have ever had. He gave kudos to Ms. Mirus and Mr. Capizzi for the turnout. They sent out some press releases the week prior to the show, and they were featured on the front page of the Seminole Extra in the Orlando Sentinel. It was well promoted for them, and they had to find extra parking for the spectators coming to the event. He noted that Cory Fairbanks Mazda was their Sponsor, and it did not cost them anything. There were lots of food trucks. It was a great Show with no complaints, and Specialty Equipment Market Association (SEMA) was very interested in what they did. They want to upload the pictures they have of the event and also, sent them a nice plaque, which he will display in the lobby this coming week. He said he also wants to congratulate the law enforcement community for the things they did this past week with issues for the George Zimmerman Trial. He gave kudos for them being so obviously ready and out there in full force when the verdict was given. 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA. None. 9. CONSENT AGENDA. A. Approve the Minutes of the May 23, 2013 Government -in -the - Sunshine Law Seminar, the Minutes of the June 3, 2013 Regular Meeting and the Minutes of the June 17, 2013 Regular Meeting. B. Approve the Monthly Expenditures for June and July 2013. C. Approve the Monthly Financial Report for June 2013. D. Approve the donation of $1,500 from the Police Confiscation Funds to the Longwood Babe Ruth League of Seminole to help support a juvenile program that serves as an alternative to delinquent criminal behavior. E. Approve the distribution of $133,851 of the Federal Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds to be used to support criminal justice projects that prevent and control crime and improve the Criminal Justice System within Seminole County and this amount will be equally divided amongst the cities and the Seminole County Sheriffs Office with $16,731.37 being distributed to the City of Longwood and authorize the Mayor to execute all required documents. F. Approve an Addendum to the Contract for Sale and Purchase of that certain real property located at 329 East Jessup Avenue (that was assigned to the City under the Assignment and Assumption of Contract for Sale and Purchase dated March 18, 2013) for the purpose of Stormwater Infrastructure and CC 07-15-13/212 further authorizes the City Administrator to execute the necessary agreements and other documents to close the real estate transaction. Commissioner Bundy moved to approve the Consent Agenda. Seconded by Commissioner Cortes. Discussion was held in regards to Item 9 F. Motion carried by a unanimous roll call vote with Mayor Sackett absent. 10. PUBLIC HEARINGS. A. Read by title only and adopt Ordinance No.13-2010, which approves a multi -year Utility Billing Services Agreement with Advanced Xerographics Imaging Systems, Inc. d/b/a AXIS Data Solutions. Mr. Langley announced having proof of publication for this public hearing. He then read Ordinance No. 13-2010 by title only. Deputy Mayor Maingot 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 with Mayor Sackett absent. Commissioner Cortes moved to approve the reading and adopt Ordinance No. 13-2010 as presented, Item 10 A. Seconded by Commissioner Durso and carried by a unanimous roll call vote with Mayor Sackett absent. 11. REGULAR BUSINESS. A. Discuss and consider for approval a Seminole County Jobs Growth Incentive (JGI) request from Florida Marking Products (FMP), LLC in the amount of $25,000 to create twenty five (25) new jobs by December 31, 2017 and enter into a JGI Program Interlocal Funding Agreement with Seminole County. Commissioner Bundy moved to approve the request. Seconded by Commissioner Durso. Deputy Mayor Maingot asked Mr. Williams what mechanism they have to monitor those twenty five (25) new jobs to be delivered by 2017. CC 07-15-13/213 Ms. Murphy said the contract between Florida Marking Products (FMP) and Seminole County requires the company to report annually to the County. The County then provides those reports and any other documentation to show that they were meeting the criteria for the incentive annually. She said any time any changes were made and if they have met the requirements, they have to report annually. If there were any issues, they report everything annually to them as well. Deputy Mayor Maingot said she was the person they report to annually, and she would report to them to let them know exactly how their investment was growing in terms of additional jobs within the City. Ms. Murphy responded in the affirmative and stated they can contact her at any time, and she will get in touch with the County to find out about it, but they will be giving them annual reports as well. Commissioner Cortes said he understands there was a performance bond associated with that. Ms. Murphy responded in the affirmative and said that was between Seminole County and them. Commissioner Durso said it was actually a well written contract and looks to protect them in the long run. Motion carried by a unanimous roll call vote with Mayor Sackett absent. B. Discuss and consider entering into an Agreement with Seminole County to pay for one-half of the proposed Florida Central Commerce Park Roadway Improvement Study, the initial expenditure cost to the City will be $5,500. Commissioner Cortes moved to approve Item 11 B as presented. Seconded by Commissioner Durso. Commissioner Cortes said this has come from several conversations that Mr. Williams, the Seminole County Engineer, Mr. Brett Blackadar, and himself have been having about the possibilities of improving mobility within the Industrial Park. This was one of the things in hopes that the Study does bring forward and that the County brings some money to improve mobility within the Park. CC 07-15-13/214 Deputy Mayor Maingot said that would mean some sort of alignment with Dog Track. Commissioner Cortes said absolutely. Motion carried by a unanimous roll call vote with Mayor Sackett absent. C. Read by title only and adopt Resolution No.13-1332, which supports the City of Longwood's participation in the 30th Annual National Night Out Event. Mr. Langley read Resolution No. 13-1332 by title only. Commissioner Durso moved to approve Resolution No. 13- 1332. Seconded by Commissioner Cortes and motion carried by a unanimous roll call vote with Mayor Sackett absent. D. Read by title only, set August 5, 2013 as the public hearing date, and approve the first reading of Ordinance No.13-2011 amending Section 2-313 (Rules and Procedures for Board and Committees) of Chapter 2 (Administration), Article VI (Boards, Commissions, Committees) of the Longwood City Code of Ordinances, concerning the location in which board and committee meetings may be held, meeting start times and Rules and Procedures. Mr. Langley read Ordinance No. 13-2011 by title only. Commissioner Durso moved to approve Ordinance No. 13- 2011 and set August 5, 2013 as the public hearing date. Seconded by Commissioner Cortes. Commissioner Bundy said he knows this deals with Chapter 2, but was Parks and Recreation also addressed in Chapter 8. He said he was called by a member of the committee who was concerned. He said what he would like was that they insert some language between now and the next meeting that says, "In the event of any conflict with any other ordinances, this Ordinance will take precedence over it." He said that way they won't have to go through and change this one and that one. They will know this will take precedence over it. He said to just have staff insert a clause in there to amend that. Motion carried by a unanimous roll call vote with Mayor Sackett absent. CC 07-15-13/215 12. CITY ADMINISTRATOR'S REPORT. Mr. Williams said the first item was relating to the City of Longwood 3rd Generation Sales Tax. The purpose of this was they have been requested to provide an updated list to the County for a Workshop they will be holding at the Board of County Commissioners on July 30�h, at which time they will be discussing a MetroPlan Report. LYNX will also be making a presentation, and some form of a 3rd Generation Sales Tax, whether it be a Charter County Tax or an actual sales tax will be discussed. At the request of Mr. Blackadar, they will be providing, upon their authority to do so, this estimated list of potential improvements that will take place as a result of that approval. He asked if they were okay with transmitting the list as it was. Deputy Mayor Maingot responded in the affirmative. Mr. Williams said the second item was since their last meeting, both Ms. Broadway and he attended the Public Risk Management Annual Conference. They were a property and casualty insurance carrier. They also offer what was known as the Public Risk Management Health Trust, which deals with health insurance and employee benefits. He placed on the dais a bulleted item that highlights the number of members, of which there were currently forty-four (44) since 1989, and there were over five thousand (5,000) employees. He said there were numerous advantages for them to consider entering into this trust, and they have actively been looking at this group health trust since their return from the Conference. One of the benefits was it was a self -funded plan. He said what they do know at this time was with the provisions of the Affordable Care Act, it was advantageous for the City to be looking at moving into some sort of self -funding. He noted they looked at this last year and felt it was beneficial for them to do because they were a small group and there were a lot of additional costs that went along with that. He said with moving into this plan, forty-four (44) members, 5,000 costs, they get some stability and insurance. If you think about it, over the years they have jumped from Humana to Blue Cross, Blue Shield and to United Healthcare. They have done some plan design changes, and that has had an impact on not only them and their budget discussions, but the employees, which was something he was looking at to try to provide some stability. He noted attached to the document was the renewal history over an eleven (11) year period, which they can see averages out to be about 7.4%. He said what they would like to do was to request that the Commission provide the Mayor with the authority to sign the Bylaws. Should through their due diligence process they determine they move in this direction, which unfortunately they have to make that decision fairly quickly by the end of this month, he believes it will provide stability for their employees and will provide greater predictability for their insurance carriers and also their renew rates. CC 07-15-13/216 Commissioner Bundy asked what the proposed increase in their coverage from Brown & Brown Insurance. He said he knows it was one thing, and they magically dropped it down by two (2) points. Mr. Williams said Brown & Brown happens to be the messenger, and United Healthcare initially proposed a forty (40%) percent increase for this next renewal. They have gotten it down to thirty-eight (38%) percent. He said they did have discussions with Brown & Brown and told them they were actively looking at this option, and that this option looks like it was the best one for the City. He said he told them it certainly was not a performance issue with the representative from Brown & Brown or Brown & Brown as a company, but they certainly cannot go through a seesaw they go through every year at budget time. Commissioner Bundy said when they brought them on, he recalls making the statement to them that they need to make sure that their increases stay as minimal as possible because although they changed pretty much at the last minute with them, they saw what they can do, and they can certainly do it again. He said he has absolutely no problem with this, and with everything he has heard from employee feedback, the response from Brown & Brown has been good. As he said, they were the messenger, but sometimes, they do kill the messenger. The other thing was, thank God for Obama Care. Commissioner Durso said he would like to do two (2) things. One, he would like to say Mr. Williams and he had a conversation earlier, and this was the first time he has ever seen an insurance plan actually say that through their own management, they can be held harmless — they can remain flat. He said that was the first time he has ever heard any insurance company or plan say that. He said it immediately strikes him as a better idea, especially considering some of the human resources things they were doing and some of the health things they were doing with their own employees. If they can manage their risk on their side and encourage the employees and let them know that the costs will be reduced every year or at least held harmless every year based on their actions. In the long run, that was more money they can invest in the employees, the capital projects, etc. He said just on the face of this he was a huge supporter of it, and to put it in proper form, there might be more discussion questions, but he would very happily make the motion. Commissioner Durso moved to have the Mayor to move forward and sign the Bylaws as soon as Mr. Williams and the associated staff make the recommendation as appropriate. Seconded by Commissioner Bundy and carried by a unanimous roll call vote with Mayor Sackett absent. CC 07-15-13/217 Deputy Mayor Maingot said from time -to -time, they try to work something out with the Hospital. He asked Mr. Williams if they had made any progress at all with them. Mr. Williams said they have had a number of discussions, and Ms. Broadway has worked very hard over the last year in reaching out not only to the Hospital, but Centra Care and Physicians Associates of Florida and Urgent Care. It was something they had fully planned to address during their budget presentation on July 2§ h. Deputy Mayor Maingot said he brought it up now because every so often it crosses his mind because they have talked about it, and he wondered what was going on with it. 13. CITY ATTORNEY'S REPORT. Mr. Langley said he sent the Commission an electronic mail on Friday regarding an appeal that the City prevailed upon about a Codes Enforcement matter. He said Mr. Sean Law disagreed with the Special Magistrate and fought a Circuit Court Action, but they prevailed on that. He said he was going to the Florida Municipal Attorneys Association Seminar on Thursday and Friday of next week and will be out of town. He said he understands there was a Special Commission Meeting on Thursday, which he will attend by telephone, if that was not a problem. Mr. Williams said that would be the Work Session on the 25th, so they could certainly accommodate him by telephone. Commissioner Cortes wanted to give special thanks to staff for getting the grant in so quickly regarding the lighting at Candyland Park. Commissioner Bundy said he would be working in Melbourne the day of the Ramadan Meeting, so he sends his best wishes. Deputy Mayor Maingot said he will extend those best wishes. 14. CITY CLERK'S REPORT. None. 15. ADJOURN. Deputy Mayor Maingot adjourned the meeting at 7:52 p.m. Brian D. Sackett, ATTES Sarah M. Mirus, MMC, MBA, City Clerk CC 07-15-13/218