CC05-01-17MinLONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
May 1, 2017
6:00 P.M.
Present: Mayor Joe Durso
Deputy Mayor Brian D. Sackett
Commissioner John C. Maingot
Commissioner Ben Paris
Commissioner Mark Weller
Dan Langley, City Attorney
Jon C. Williams, City Manager
Michelle Longo, City Clerk
Troy Hickson, Director of Public Safety
David Dowda, Interim Police Chief
Chris Kintner, Community Development Director
Chris Capizzi, Leisure Services Director
Lee Ricci, Human Resources Director
Lisa Snead, Financial Services Director
1. CALL TO ORDER Mayor Durso called the meeting to order at 6:00
p.m.
2. OPENING INVOCATION. Executive Pastor. Dr. Kevin Urichko of
Northland Church gave the invocation.
3. THE PLEDGE OF ALLEGIANCE
A. Election of Mayor
Mayor Durso turned the meeting over to the City Attorney to conduct the
Election of the Mayor.
Mr. Langley stated the election of the Mayor occurs at the first meeting in
May of every year and is elected amongst the Members of the
Commission. He opened the floor for nominations.
Commissioner Maingot nominated Commissioner Durso as Mayor.
Seconded by Commissioner Weller.
Mr. Langley closed the floor for nominations.
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Nomination carried by a unanimous roll call vote.
4. COMMUNITY ANNOUNCEMENTS. Ms. Longo read the following
announcements.
A. The "Downtown Longwood Food Trucks" will be held on
Thursday, May 11, 2017 from 5:30 p.m. until 8:30 p.m. at the
corner of Ronald Reagan Boulevard and West Church Avenue.
B. The "Downtown Longwood Cruise -In" Car Show will be held
on Saturday, May 13, 2017 from 5:00 p.m. until 8:00 p.m. in
the Historic District of Longwood located off of Church
Avenue.
C. The City of Longwood will host the Florida Smash Beer
Festival on Saturday, May 13, 2017 from 2:00 p.m. until 6:00
p.m. in the Historic District of Longwood and in the Longwood
Community Building, at 200 West Warren Avenue. Tickets
will be $35.00 for general admission and $75.00 for VIP.
5. PROCLAMATIONS / RECOGNITIONS
A. District #4 Nomination of the Business Person of the Month for
May 2017.
Commissioner Weller nominated Michael L. Dodane, President of
KTD Consulting Engineers for Business Person of the Month for
May 2017. Seconded by Commissioner Maingot and carried by a
unanimous voice vote.
B. Proclaiming May 14 through May 20, 2017 as "National Police
Week"; and "Peace Officers Memorial Day" on May 15, 2017.
Mayor Durso read the Proclamation and presented it to Interim
Police Chief Dowda. Photographs were then taken.
C. Proclaiming May 13, 2017 as "National Association of Letter
Carriers Stamp Out Hunger Day".
Mayor Durso read the Proclamation and presented it to a NALC
Representative. Photographs were then taken.
D. Proclaiming May 2017 as "Building Safety Month".
Mayor Durso postponed the Item.
E. Recognizing the Lyman High School Diamonds Gold Winter
Guard for their recent accomplishments.
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Mayor Durso read a Proclamation recognizing the Lyman High
School Diamonds Gold Winter Guard. Photographs were then
taken.
6. BOARD APPOINTMENTS
A. City Commission nomination of resident to the Board of
Trustees for the City of Longwood Police Officers' and
Firefighters' Pension Trust Fund.
Nomination was deferred to the next meeting.
7. PUBLIC INPUT
A. Public Participation.
Judi Coad, 1695 Grange Circle, Longwood said she is speaking
about Item 12D on the agenda. She is requesting the Commission
oppose an amendment to be able to re -vote on the installation of
electric water meters in the residential areas of Longwood. She
said in her opinion, this is a large waste of money with the burden
being on the residents. She stated it does not require the
commercial properties to participate, so where is the equity in that.
She said these meters have had problems in larger cities that have
installed them. She said this is a contract with an approximate
two -decade payback for the cost of installing these meters, which
does not entail the cost of their maintenance over that time frame.
She asked who will pay for that, the residents. She said common
sense tells us, based on current history in the technological arena
that these meters will be obsolete before the City even partially
pays for them. She said she is asking the Commission to cut your
losses and stop this contract and take a stance on common sense
and fiscal responsibility to your constituents. She stated if you so
strongly believe in spending this approximately $3 million dollars,
put it to a vote to your constituents this year.
S. MAYOR AND COMMISSIONERS' REPORT
District #3. No report.
District #4. No report.
District #5. No report.
District #1. Commissioner Maingot said we hosted the Council of Local
Governments in Seminole County (CALNO) Meeting here in Longwood.
This Board represents the seven cities in the county and discusses issues of
common interest. He said our City Clerk organized everything for us, and
it was fantastic. On the 7t', Director Hickson, Mr. Williams, Mr. Grey and
he met on the Wayman Project, which is going to be housing a number of
our staff that used to be housed in Longwood Elementary. He said these
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four portables are next to one of our fire stations. He said we will fit them
out nicely and landscape them properly because they are in a community
where people live. He said we have discussed the landscape needs and
irrigation requirements. On the 10t', we had flooding in the Lommler
Street area off of 14t' Street, and photos were sent to the City Manager.
On the 14t', we had hired a new landscape contractor to do maintenance
for us, and we saw a number of excessive costing elements. He stated we
had them come in and we reviewed with them what we found and asked
them to come back with a better proposal for us. He said we have not yet
met back with them. He also stated that the city officials in Longwood are
very involved in what goes on in our community. On the 21', he visited
the Lommler Street area with the City Manager, Ms. Snead, Mr. Smith and
Ms. Tackett to look over the flooding situation from the new subdivision
under construction. He said our City Manager has come up with some
suggestions on how to deal with it, and there is another new project
coming there also. He said this is what we do, on the spot evaluations and
following up with action. On the 28t', he went back to the Wayman
Project to check it out. He said he met there again today with the City
Manager and Mr. Grey and went through a number of issues that needed
to be dealt with. He said the lobbyists are getting the better of us in
Tallahassee regarding un-intended consequences. He said some person
has recommended, and it has been approved by a vote of 81-35, an
additional $25,000 exemption to Homestead Properties. He said that
would eat directly into our revenue, not only in our City but cities
throughout the entire State. The cities will make the necessary
adjustments, and you are back to square one, an unintended consequence.
He said it is a feel -good situation, but does not do any good to anyone. He
said he sits on the Wekiva Wild and Scenic River System Advisory
Management Committee, a Federal Committee. He said one of the items
on our agenda is the Carrying Capacity/Sustainability Study. This means
how many boats they can limit going up and down the St. John's and the
Wekiva Rivers.
Mayor Durso said regarding the Homestead Exemption mentioned, the
cost to Seminole County is approximately $10 million dollars, and the cost
to the City of Longwood will come close to half a million dollars. He said
the pressure to just stay where we are will be great on the City Manager to
be able to balance that number and keep services at the level they are.
Commissioner Maingot noted that no matter how hard we try to live
within our budget, we have the State putting further mandates on us,
insurance companies, and workers ' compensation every year with rates
going up, and we have no control over that.
District 92. Mayor Durso said how much he appreciates the opportunity
to continue to serve as Mayor. He hopes you all feel he is representing the
City appropriately when he is out in the community at State meetings and
in Washington D.C., and he will certainly continue to try his best to
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represent the City with as much dignity and hard work as he can muster.
He said it has genuinely been the greatest honor in his public service
career to be able to serve as Mayor of this City, and he will continue to
strive to do as well as he can in that capacity.
9. ANY ADDITIONS OR DELETIONS TO THE AGENDA. None.
Commissioner Maingot had a question on Item 1 OC. He said it is a
request for twelve (12) hours, and he finds that a bit excessive for a
wedding. He is concerned it is setting a precedent.
Mayor Durso said he thinks it would be appropriate for the City Manager
to work toward a policy regarding this type of thing and address it for the
future.
10. CONSENT AGENDA
A. Approve Minutes of the April 17, 2017 Regular Meeting.
B. Approve the Monthly Expenditures for April 2017.
C. Approve waiving the rental fees excluding the attendant fee at
the Longwood Community Building for Karina Guerrero an
employee of the City of Longwood.
D. Approve a purchase order in an amount not to exceed of
$62,790 to Pegasus Engineering for Geotechnical Engineering
and Materials Testing for Reiter Park Construction.
Deputy Mayor Sackett moved to approve Items 1OA
through IOD as presented. Seconded by Commissioner
Paris and carried by a unanimous roll call vote.
11. PUBLIC HEARINGS
A. Read by title only and adopt Ordinance No.17-2113 which
provides for the issuance of not to exceed $4,000,000 in
aggregate principal and cost of issuance for the purpose of
paying costs of constructing certain park, recreational and
other capital improvements within the City.
Mr. Langley read Ordinance No. 17-2113 by title only.
Mayor Durso opened the public hearing. No one spoke in favor or
opposition to Ordinance No. 17-2113.
Deputy Mayor Sackett moved to close the public hearing.
Seconded by Commissioner Weller and carried by
unanimous voice vote.
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Deputy Mayor Sackett moved to adopt Ordinance No. 17-
2113 as presented Item 11A. Seconded by Commissioner
Weller and carried by a unanimous roll call vote.
B. Read by title only and adopt Ordinance No.17-2116, a
Longwood Development Code Amendment to regulate Medical
Marijuana Dispensaries.
Mr. Langley read Ordinance No. 17-2116 by title only.
Mr. Kintner presented the Item and went over the changes. He
said staff has proposed adding a couple of changes. The first is
language clarifying that should a section of state law, once
adopted, conflict with this Ordinance, the section of state law will
supersede without invalidating the remainder of the Ordinance. He
said also based on some of the concerns that were brought up, an
annual compliance review of the letter of approval and an
administrative fee established by resolution to be paid annually in
addition to the initial application fee. He said both of which we
discussed last time, but do appear as a separate item tonight but
just made reference in the Ordinance. He said beyond those
changes, the Ordinance remains the same as at the last public
hearing.
Mayor Durso asked if the fee issue will be dealt with on Item 12A.
Mr. Kintner replied in the affirmative.
Deputy Mayor Sackett asked about the letter of compliance and if
that is consistent with anything else we do.
Mr. Kintner said he does not know if we have anything comparable
to that where we have a use that is permitted and reviewed each
year. He said ultimately, the compliance is going to be reviewed
throughout the time period, but he thinks it is an opportunity to
make sure all the state licenses are in place. He said you could run
into a situation where a business could lose its state license, and we
might not necessarily know. He said having that annual
compliance allows us to come in and make sure everything is in
order.
Deputy Mayor Sackett asked if a process has been thought of for
who will do the review in his office.
Mr. Kintner said we would start it after the first full year that the
business takes place, so it wouldn't be where you get permitted in
July and then have to do your compliance review October I'. He
said they would have a full year before the review was done.
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Commissioner Maingot suggested Mr. Kintner identify all the
different items regarding locations and safe guards.
Mr. Kintner said there is an allowance of two (2) medical
marijuana dispensaries under this Ordinance. He said there is a
dispensary location criteria that draws the potential location to
within 200 feet of State Road 434 and U. S. Highway 17-92. He
said the thought process behind having them within the 200 feet of
those two (2) locations is, those are highly traveled roads and
increases the visibility for the facilities so there is a higher
expectation of police presence. Additionally, there is a 300 foot
buffer from low density residential zone properties, child day
care/schools, and a restriction against medical marijuana facilities
within the Heritage Village. He said this area is between our
SunRail Station area, Historic District and the hospital -health core
area. He said in addition to that, the Ordinance will require a
timely submittal of an operational plan, which will include a
demonstration of a license from the State of Florida to operate a
Dispensary. Also language allowing the authorization of
city/county/state officials to enter and inspect during business
hours, assurances that affirmative measures will be taken to limit
individuals visiting the business and limiting that two (2) qualified
individuals preventing the consumption of marijuana on site or on
sidewalks adjacent to the property, requirement to include a
security alarm, and other requirements included to intend
everything is working as it should.
Commissioner Maingot said there is a 24 hour armed guard at all
locations.
Mayor Durso asked if the individuals interested in doing this have
indicated they are in general supportive of all these requirements
the City has placed upon them.
Mr. Kintner said yes, both of the ones we have spoken to
personally, but also, in some of the pre -rule making sessions, these
were pretty common restrictions that they were comfortable with.
Mayor Durso opened the public hearing.
Kelly Judkins, 133 Church Avenue, Longwood spoke in favor.
She said she had some packets she wanted to hand out.
Mayor Durso said she could give them to the Clerk.
She said she has been a social worker and a community activist for
over fifteen (15) years, especially in Seminole County. She is also
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a medical cannabis advocate, activist and educator. She said I
have seen what pharmaceuticals and other illicit drugs that are
ravaging our communities do to people, families and communities
around us. She said I, as well as 71 % Florida voters, believe that
there is another option out there for the chronically and terminally
ill in our communities. She has been at previous meetings with
this Commission on this matter, and what she has observed is that
most of them are on board with this alternative treatment, but what
was lacking was more current, up-to-date, medical documentation,
evidence -based to support the validity of this course of treatment.
She said she has enclosed several medical journal abstracts written
by a renowned medical doctor that has been studying cannabis for
over ten (10) years in the State of Vermont. She highlighted some
major important points in the handouts. She said I am here
fighting for the people, for 71.3% of the votes of Florida, and 70%
in your City. Also, she would like the Commission to take into
consideration the affordability and accessibility of this treatment
and what it entails. She said it is usually our most vulnerable
population that needs it.
No one else spoke in favor or opposition to Ordinance No. 17-
2116.
Deputy Mayor Sackett moved to close the public hearing.
Seconded by Commissioner Maingot and carried by a
unanimous voice vote.
Deputy Mayor Sackett moved to adopt Ordinance No. 17-
2116 as presented Item 1113. Seconded by Commissioner
Paris and carried by a unanimous roll call vote.
12. REGULAR BUSINESS
A. Read by title only and adopt Resolution No. 17-1430
establishing a fee schedule for Medical Marijuana
Dispensaries.
Mr. Langley read Resolution No. 17-1430 by title only.
Mr. Kintner presented the Item and stated this Resolution refers to
the fee schedule, both for an annual review fee and an application
fee related to medical marijuana dispensaries. He reviewed the
thought process for establishing the fees and how he looked at the
amount of staff time that you had spent on a particular item. He
went through a list of pricing schedules in the Planning Division.
He said this is an application that requires more than what would
be a similar standard application. He recommended as a starting
point $500 for the actual application fee itself, and $250 for the
administrative fee, which covers that annual review discussed. He
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said Winter Park, which has a similar ordinance, had not yet
established a fee, but it would be nominal. The City of Orlando's
review fee would be around $275. Osceola County has a high end
of the range fee of $10,000. He said they have a fairly complicated
review process to get to the dispensary process. He said they have
a number of boards and staff members involved in it. He would be
concerned about a number that high because we would have to
show that it warranted that amount. He said the general thought
process on an application fee like this is it should reflect an
accurate amount of staff time being spent on the item. Based on
what his expectation of what staff time would be on this, he settled
on $500 and $250 for the annual fee.
Commissioner Maingot said his recommendation is $1,500 instead
of $500 for the application fee, and $500 for the administrative fee.
He said this is an unknown commodity, and to be on the safe side
of things and to be reasonable, that would be his recommendation
for the fees.
Mayor Durso asked Mr. Kintner how confident is he regarding that
$750 covers the cost.
Mr. Kintner said he is confident. He said $500 for a single
application is relatively high, and it does reflect a good amount of
staff time, so he does feel comfortable it would cover it.
Commissioner Weller said he is concerned that this is a new
venture, and trying to estimate what the time is going to be, we
could always adjust our fee schedule down after a period of time
goes by. He thinks it would be prudent to err higher rather than the
lower.
Deputy Mayor Sackett moved to adopt Resolution No. 17-
1430 as presented Item 12A. Seconded by Commissioner
Paris.
Discussion ensued on the fees.
Motion carried by a three to two (3-2) roll call vote with
Commissioner Weller and Commissioner Maingot voting
nay.
B. Read by title only and adopt Resolution No. 17-1431 which
provides the details required by Ordinance No. 17-2113 that
authorized the financing of the Series 2017 Project, authorizing
the issuance of the $4,000,000 City of Longwood, Florida
Capital Improvement Revenue Note, Series 2017 in order to
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finance the cost of constructing certain park, recreational and
other capital improvements within the City.
Mr. Langley read Resolution No. 17-1431 by title only.
Deputy Mayor Sackett moved to adopt Resolution No. 17-
1431 as presented Item 12B. Seconded by Commissioner
Maingot and carried by a unanimous roll call vote.
C. Approve the reclassification of an existing and funded, unfilled
Building Inspector position to a second Permit Clerk position.
Mr. Kintner presented the Item and explained the need for the
additional Permit Clerk. He stated he was confident the Building
Fund could cover the cost of the position.
Commissioner Maingot moved to approve Item 12C as
presented. Seconded by Commissioner Paris and carried
by a unanimous roll call vote.
D. Approve a contract addendum with Schneider Electric which
provides for the Energy Services Contract Amendment #1, the
Contract Sum shall be reduced by the total amount of $32,500.
The revised Contract Sum pursuant to the Energy Services
Contract is $2,946,499. All other terms and conditions as set
forth in the original Energy Services Contract shall remain in
effect.
Mr. Williams presented the Item and stated this is before you as a
result of Schneider Electric's request to reduce the project price to
help accommodate the City's additional costs associated with the
project financing, bond council, city attorney, etc. While not
required, they want to do this and see this as an opportunity to be a
good partner to the City, and their team is still looking forward to
an outstanding project. When the original contract was put before
you some time ago, the amount of money associated with the cost
of issuance on the financing was not known, and the project was
bid which put the cost of the entire project over $3 million dollars.
He said this contract amendment would lower their contract price
to allow us to accommodate for the cost of issuance.
Commissioner Weller asked Mr. Williams to go over the various,
potential projects we are going to have to be financing for the very
near future.
Mr. Williams listed the various, potential projects for the near
future.
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Commissioner Weller said he does not think this is a project we
need right now. He stated this program is geared more towards
state agencies to reduce costs and works better for large counties.
He asked why you don't see a lot of other cities doing this, we are
the only one in Central Florida that is looking to do this.
Commissioner Maingot said the life expectancy of these units
would be at the same time we are finished paying them- off and
having to replace them at an even higher cost. He feels -right now
we are moving forward, and let us spend -money on things we
really need. He said our City Manager-�has said some really nice
things about this, but the dollars and cents, the investment, the
payback time, and the service life for the components just do not
cut it. - -
Commissioner Weller moved to terminate the contract
pursuant to Section 1.2 (see below) of the Energy Services
Contract and pay for the Investment Grade Audit in the
amount of $49,600. Seconded by Commissioner Maingot
and carried by a three -to -two (3-2) roll call vote with
Mayor Durso and Commissioner Paris voting nay.
Section 1.2 of the Energy Services Contract states "This Contract
is contingent upon and shall not become effective unless and until
CUSTOMER secures appropriate third party financing and
obtains appropriate approval of the financing from the
CUSTOMER's governing body to pay for the Contract Sum with
terms and conditions acceptable to CUSTOMER in CUSTOMER's
sole discretion and CUSTOMER gives ESCO notice of such
financing contingency being met ("Financing Contingency').
CUSTOMER shall have the right to terminate this Contract upon
written notice to ESCO at any time prior to the Financing
Contingency being met without costs or penalty, and upon such
termination the parties shall be relieved of their rights and
obligations under this Contract."
13. CITY MANAGER'S REPORT
Mr. Williams said we had a pre -construction meeting with West
Construction, who is the contractor that is handling the construction at
Reiter Park. He said we will be issuing them a Notice to Proceed on May
8t'. He said over the next week, we will be reaching out to each one of
you to pick a date to have a construction groundbreaking ceremony for the
final time for full funding for Reiter Park.
14. CITY ATTORNEY'S REPORT. No report.
15. CITY CLERK'S REPORT. No report.
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16. ADJOURN. Mayor Durso adjourned the meeting at 7:22 p.m.
ATTEST•
'c e e amigo, C; ity Clerk
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