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CCMtg11-17-08Min b"~ LONGWOOD CIT~~ COMMISSION ' Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINU7CES N®VEMBEFt 17, 2008 7:00 P.,M. Present: Mayor Brian D. Sackett Deputy Mayor H.G. "Butch" Bundy, Jr. Commissioner John C. Maingot Commissioner Joe Durso Commissioner Mike Holt Donovan Roper, Acting City Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleet Richard Kornbluh, Division Manager of Utilities Tom Jackson, Police Chief t i Carol Rogers, Director of Financial Services Ryan Spinella, Executive Assistant Fran Meli, Recreation Program Manager Laurie Mooney, Fire Chief .Paul Sizemore, Director of Community Services 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was follotived by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcements.: A. Announce Results of the November 4, 2008 Election. Ms. Minis announced~for Longwood City Commission, District 2, Tom C. DeNegre received 2,543 votes, and Joe Durso received 3,142 votes, for a Total Votes of 5,685. Longwood Charter Amendment No. 1; Yes votes 2,217, No votes 3,284, for a Total Votes of 5,501. Longwood Charter Amendment No. 2; Yes votes 4,3.33, No votes 1,035,, for a Total Votes of 5,368. Longwood Charter Amendment No. 3; Yes votes 3.,964, No votes 1,357, for a Total votes of 5,321.. Longwood Charter Amendment No. 4; ~ Yes votes 4,445, No votes 914, for a Total votes of 5,359. Longtivood Charter Amendment No. 5; Yes votes 2,863, No votes 2,223, for a Total votes of 5,086. CC 11-17-08/331 B. Annual Rotation of Deputy Mayor. Ms. Mirus announced the rotation of Deputy Mayor will go from District #4 to District #1. C. Senior Matinee will be held on November 19, 2008 from 1:30 p.m. unti13:30 p.m., Longwood Community Building, 200 West Warren Avenue. This month's feature is The Nataaral. D. Florida Music will be held on Friday, November 21, 2008 from 7:00 p.m. unti19:00 p.m., Longwood Community Building, 200 West Warren Avenue. E. A Blase Grass Pickin' will be held on November 22, 2008 from 7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West Warren Avenue. F. 32na Annual Longwood Arts and Crafts Festival will be held in Downtown Historic Longwood, from 9:00 a.m. to 5:00 p.m. on Saturday, November 22, and from 9:00 a.m. to 4:00 p.m. on Sunday, November 23, 2008. 4. RECOGNITIONS. A. Recognizing Commissioner Bundy for his service to the City as ~ Deputy Mayor, November 2007 to November 2008. Mayor Sackett recognized Commissioner Bundy for his service to the City as Deputy Mayor and presented him with a plaque. Photographs were then taken. B. Recognizing Dan Anderson for his service to the City as a City Commissioner from April 1999 to November 2008. Mayor Sackett said Dan Anderson. was unable to attend the meeting. C. District #5 Nomination of the Business Person of the Month Award for December 2008. Mayor Sackett nominated MahendraN. Chauhan, Otivner of Longwood Shoe Repair, for the Business Person of the Month Award for December 2008. Nomination carried by a unanimous voice vote. 5. BOARD APPOINTMENTS. A. District #3 Nomination to the Codes Enforcement Board. Commissioner Holt nominated John Austin, 695 Chelsea Road, to the ~ Code's Enforcement Board, Nomination carried by a unanimous voice vote. CC 11-17-08/332 6. PUBLIC INPUT. A. Public. Participation. Tom. C. DeNegre, 33.0 Ferdinand Drive, said the Commission talked about the repair j ob of First Street at the .last meeting. He stated he went over and looked at the repair and said it looked good. Denise Clark, 480 Cornwall Court, said she and her neighbors were concerned with the Gamble residence. She stated they want the City to stay on course with their plan of action. She advised that the matter goes for Final Hearing before Judge Dickey on Friday morning, November 24, 2008. She said she t•eceives a lot of questions, as President of Devonshire Homeowner's Association, regarding. what is happening with the property. She stated this .has Veen going on for over 10 years. She said they appreciate the work the City has been doing. Pat Keller, 575 Preston Road, said she lives next door to the Gamble property. She stated several months ago, Donovan Roper had her husband and herself give a deposition in reference to the Gamble property. Since that tune Mr. Roper has kept them apprised of everything going on. She said on Monday, November 24, .:2008, Judge Dickey will be hearing a default hearing in reference to th.e Gamble property. ,She stated they live next door and have been there a Tong time to see the ball dropped. She declared the City of Longwood Codes Enforcement Board has been wonderfill. She said they have done everything in their power to try to get this homeowner to take responsibility. She affirmed everyone in Devonshire takes responsibility for their own property and for anything else they have to do in the comirctulity. This homeowner has not taken responsibility and is a very bad example for others. She requested the City to please follow Judge Dickey's ruling on the 24th and to do something to correct this property. Rust, 2018 Doyle Road, :Deltona, said he was no longer a resident of the City of Longwood, but he was here for about 17 years and held some of the positions the Conunission was holding now. He stated he travels back and forth through the City since moving away. He said he . wanted to say what a phenomenal job the staff has done with the turn . around in the City of Longwood. He stated when he came on the City Commission in 1996, they had terms for the City like "Wrongwood" and they were in complete chaos and the laughing stock of the County. He declared at this jtmcture, the City was right up there at the pinnacle of every city in the County. He saidl this holds well for the Commission and for the City Administrator. He stated he was fortunate enough nine years ago to sign John Drago's first contract when he was hired as the City Administrator. He affirmed that :Mr. Drago has done a remarkable job and has great leadership capabilities, as he was sure they knew. As some are new to the Commission, he-would like to bring forward a little piece of advice that Mr. Drago can be a little demonstrative from time to time. He CC 11-17-08/333 said that Mr. Drago sits at the pleasure of the Commission and to steer him in the right direction is the Commission's job. If for some reason there ~ seems to be some rift on the Commission over what the City Administrator is doirig; or has done, they may find fault with him,. but the Commission has to take an introspective look and find fault with themselves as well. He declared it was-their job as Commissioners to communicate their desires to the City Administrator and then to follow through and make sure they are executed properly. He stated failure to do that was a failure on their part, not just the Administrator's. He said four of the Commissioners have. been seated for a while. This is the first meeting for one of the Commissioners and he congratulated him. He stated four could. cast a vote for some one's removal, with some knowledge. He declared one would have to abstain because that person has not had the ability to communicate with the City Administrator and make his ideas known. He said not to vote what others have told you to vote. Vote what you know, because only you can be held accountable for your actions. He stated the City has done a wonderful job and he thanked Mr. Drago for everything he has done. He said Mr. Drago has lived up to every expectation he has had. He stated Mr. Drago could be a little hard nosed at times, but. with the Commission guiding him, they can make this City leap frog ahead of everyone else: in the whole Central Florida Region. Michael L. Kilpatrick, 864 Shell Lane, said he was here to speak in regards to the Gamble residence. He stated it has been brought to his ~ ~ attention this house was in disarray and needed some work done to it. He said the company he works for will be at this house tomorrow to look at it and see what they can do to take care of some issues there. He stated he hoped this Commission takes a look at doing something positive for Ms. Gamble. 7. CITY ADMINISTRATOR'S REPORT.. No report. 8. MAYOR AND COMMISSIONERS' REPORT. Mayor Sackett asked the City Attorney, in regards to the Gamble litigation, what they could discuss. Mr. Roper said they could discuss. issues that were of public record. He did urge the Commission to be aware of the fact they cannot discuss items like settlement strategies, negotiations,. or confidential client and attorney communications without waiving their attorney client :privilege and work product privileges. Mayor Sackett requested if there was a matter of concern arise that Mr. Roper would interject. District #3. Commissioner Holt welcomed Commissioner Joe Durso to the dais. .J He said his campaign was a true testament of his character and dignity. He stated it would be a privilege to work with Commissioner Durso in moving the City CC 11-17-08/334 forward, but he truly believes it will be an enjoyment for the citizens to see the City flourish. His words of advice were to have a good time and enjoy it, but this sometimes is a very serious job. He saki he was looking forward to working with him. Commissioner Holt said in regards to the job on First Place, he wished Mr. DeNegre had called him and he would have met with him at the site. He stated he would have given him some history and said the cause has never been figured out by any engineers. He stated the repair was' nothing. more than some asphalt put on . top of the bed that was there. He said as some of the larger vehicles travel in and out of that neighborhood it will shrink and become a divot. He affirmed the reason for the repair was that the road h.aci heaved better than 12 inches up, and 20 feet long for the width of the road. He stated a patch vas done and this is not what was requested. He said the Administrator was looking into the matter with the Engineers. Commissioner Holt requested an update regarding the .Gamble matter. He said they may need to request a closed session. He stated a lot of things have come to light and a lot of emotions :regarding this situation. Mr. Roper said approximately a week a,go he gave the Commission a summary of all current litigation cases, including thF; Gamble case. He advised this litigation ~ was first brought to the Commission's acttention, by then City Attorney Richard Taylor, at the City Commission meeting; of February 20, 2006. He has referred to the minutes and has listened to the March 3, 2008 City Commission meeting where he discussed the Gamble case and the condemnation issues. He stated this problem has been going on for a long tune, but it was not until Febniary 2006 that litigation became an issue. He read excE;rpts from the Febniary 20, 2006 Commission minutes. He said the Commission was advised by Mr. Taylor that it was the Codes Enforcement Board's decision whether to move forward with litigating a case that involved a Codes Enforcement violation with excessive fines and no compliance to remedy the situation. As of June 8, 2008, the fines totaled $102,S50. He affirmed it was a lot.highf~r than that now due to additional Codes Enforcement violations.. He; stated Mr. Taylor had informed the Commission at the time that some agreement should be reached with the. Codes Enforcement . Board for them to give their permission before the filing of any litigation and he needed the Commission's permission. He spoke. specifically about the Gamble case going on for many years on the Devonshire property and said the owner no longer resided there and it was not her homestead. Therefore, the City could proceed to foreclose on the lien. Mr. Taylor went on to inform. the Commission that many of the property owners from 1:he neighborhood were present at the Codes Enforcement Board meeting requesting that something be done. He said it was the final consensus of the. Commission at that time to move forward with litigating the matter. He started Mr. Taylor met approximately eight days later with ~ the Codes Enforcement Board and received their approval to move forward with litigation. He said litigation was instituted by Mr. Taylor to foreclose on the Codes Enforcement Board liens in Novf~mber 2006. He stated when Mr. Taylor left; their firm took over the litigation. At that point, they started taking some CC 11-1708/335 discovery and found there were some additional concerns of the neighbors with regards to the actual safety of the structure. He said one of the trees adjacent to the air conditioning condenser on the outside of the unit appeared to be growing :into the stricture. He stated the Building Official was consulted at the time to see whether there were problems with the structure making it a hazardous and unsafe condition. Mr. Aldrich advised the only way one could know for sure would be to inspect from the interior of the building. He said he contacted Ms. Gamble and requested permission for the Building Official to enter her building for that purpose,. and she refused. They also found that as a result of some of the hurricanes of 2004, she had some severe roof damage to the house that was not repaired for some time. As a result excessive rain water damaged the interior of the house. He was informed by the. Building Official that apparently Ms. Gamble hired a drywall crew to remove and replace the drywall without first pulling a permit from the City. At that point, the drywall crew was instnieted they needed to pull a permit, and 1VIs: Gamble did come in and pull a permit. He said the drywall crew never returned to finish the job. He stated, to his knowledge, no replacement work has ever been done on the interior. Because of Mr. Aldrich's concerns of the tree growing into the foundation of the stricture and filing an affidavit, Judge Dickey gave an Order allowing entry in the Gamble residence to inspect not only the foundation, but all the other drywall conditions. He said there was a hearing with Judge Dickey that many of the residents attended: He stated on March 3, 2008 he came before the Commission and reported on this ease. He reported at that time an interior inspection was being done on the house the - following morning by the Building Inspector, Fire Marshall, Lieutenant Cohen, and an Associate Attorney from their office. He advised that Ms. Gamble vas no longer using the house as a residence, it had become dilapidated and there were potential condemnable issues. He wrote a letter to the City Administrator on March 7, 2008, which is a-work product and not public record, which lays out the findings of the inspection, what the options were, and his recommendations. On March 20, 2008, ,the Building Official posted a letter and a copy of the letter was mailed to Ms. Gamble at her place of residence at the time giving her notice that she was in violation of several housing code violations. It was declared unsafe, unsanitary, and unfit for. human habitation, and constituted a fire hazard. The Building- Official gave her 120 .days to remedy the situation. He said that he also made it clear to Ms. Gamble that if she needed more time as of March 20, 2008, that was something he was sure they could work with. Since then, to his knowledge,. nothing has been done. On March 20, 2008, he e-mailed the City Administrator and informed him of the 120 day condemnation .period during which she could remedy the situation. He also .recommended to the City Administrator that something be done and asked for permission to amend the complaint. He received an e-mail to amend the complaint and move forward. He stated since that time-they have corresponded again with the City Administrator on March 25, 2008 about moving forward towards condemnation: On March 26, 2008, he sent the City Administrator a copy of the DVD and still pictures that were taken by videograpliers of the interior of the residence and copied to Lieutenant Cohen. On March 31, 2008, they talk about a May 5, 2008 hearing on ~J . the motion for leave. to amend the complaint to add a count for condemnation. He wrote a letter on July 11,, 2008 to Ms. Gamble pointing out to her she had these CC 11-17-08/336 deadlines and there was a narrow time windows in which she needed to respond. He urged her to respond or it could othe-revise have some adverse consequences, and he never heard back from her. He mote to the City Administrator again, copied Lieutenant Cohen, on August 21, 2008 and advised, at that point in time Ms. Gamble had not answered or filed am answer in affirmative defense or pleadings at all to our amended complaint. He said this was despite the fact that she was admonished by Judge Dickey that she needed to file a response and if she did not do so she would be held in default. Notwithstanding that, she did not respond. He reiterated on November 10., 2008, he provided the Commission with a summary of all litigation cases that inrhided the Gamble case and the fact they were moving forward on November 24, 2008 at 9:30 a.m. with a motion for final default summary judgment against Ms. Gamble on both the condemnation count and the foreclosure of the liens count. Commissioner Holt inquired if it was correct that condemnation proceedings do not have to come before the City Commission. Mr. Roper said they can and the Commission has that authority under the City Charter. He stated it was .his tuiderstanding this had all been communicated. Commissioner Holt inquired if the case was in default with the court and not necessarily with the City. ~ Mr. Roper responded in the affirmative. He said a clerk's default has been entered, and the next step to finalize it is to get a default judgment. This hearing is scheduled on November 24, 2008 and it can be cancelled by the City if they so choose. Commissioner Holt inquired if they should hold a closed session prior to the hearing. Mr. Roper said they could t:ry to schedule a closed session prior to November 24th or they could delay the hearing and schedule a closed session.. They could then decide whether to reschedule the default .summary judgment hearing. He said a third option would be to do nothing and proceed forward with the November 24th hearing. . Commissioner Holt suggested with the letter not being public record that they hold a closed session. Mr. Roper said he would distribute the letter to the Commission and he .also could make copies of the DVD, Commissioner Holt moved to hold a closed session to discuss the case. Seconded by Commissioner Bundy. CC 1117-08/337 Mr. Roper suggested they try to get the Shade Meeting scheduled between now and November 24t1' and if it is not possible, they consider postponing the ~ November 24th hearing until they can have a closed session to discuss the case. Deputy Mayor Maingot said it would be appropriate to have a Shade Meeting. He stated it would be appropriate to hold off on the action on November 24~' and make a determination on how to proceed.. Mayor Sackett inquired since Commissioner Durso formerly served on the Codes Enforcement Board, if this was any concern. Mr. Roper advised not in this litigation as he. was not on the Board over the issues that were sued over. Commissioner Holt said he would like to see whatever language there was to require pulling a permit to repair drywall and repair the garage door. Commissioner Bundy said he did not recall anytime since being a Commissioner and serving on the Codes Enforcement Board ever conducting an invohultary condemnation. He stated this was something that needed to be treated with a great deal of caution. He said the. residents in Devonshire have been more than patient with the process and are anxious to see it come to some conclusion. At the same time, they are dealing with someone's home. He declared they have worked hard to make Codes a Compliance Board. The end result they are looking for is that ~ the house be brought, back into compliance.. He stated if they can come to some resolution with everybody, they need to do all they can before taking a final action. Mayor Sackett said Devonshire was in his District and he has received a lot of phone calls regarding this matter. He stated he would like to amend by posting a meeting for December 8, 2008 at 7:00 p.m. to discuss this case. He requested Mr. Roper postpone the November 24th hearing. Mayor Sackett moved to amend the motion to schedule the meeting on December 8th and move forward with this as a specific Agenda Item in closed; session. Seconded by Commissioner Bundy and carried by a tmanimous roll call vote. Main motion carried by a unanimous roll call vote. District #4. Commissioner Bundy reported he had a discussion with County Commissioner Dallari who has requested the City have a presentation on the 17- 92 CRA. Mayor Sackett said the funding was more favorable to the City now, particularly . with the Albertson's and the car dealerships in that area. He suggested they move ~ ahead with the presentation. CC 11-17-08/3.38 Commissioner Bundy said he requested a member of the County Commission ~ also be present during the presentation.:He stated with Courtesy Pontiac and all that is happening with the auto industry and the economy, they need to investigate the CRA. He suggested the City Administrator contact the County Administrator and have this as an Agenda Item. He said Commissioner Dallari was aware and has agreed to participate. District #5. Mayor Sackett. said the Longwood Chamber had inquired about the State of the City. He inquired about this matter and Mr. Spinella told him there was a link on the front page of the City's website. He said. another item that was brought up at the Longwood Chamber was street lighting from parking lots along State Road 434. He inquired if the businesses were in compliance with the dusk to dawn lighting. Chief Jackson said according to the Longwood Development Code, property owners are required to have certain lighting consistent with the national standard. He advised this standard prohibits particular properties' lights from shining into other properties' area, and each property is required to have its own independent lighting. He stated the assumption was made that City Ordinance requires dusk to dawn lighting and this does not appear in the Longwood Development. Code. He said the only lighting he did not find illuminated was the new stnlcture across • from the Hospital. He stated another building. had lights for security. He said once a business has closed and employees have left, they have not violated City Ordinance if their lights go off. Mayor Sackett reported, at the recent Mayors and Managers meeting,. it was discussed that the penny sales tax was u;p in 2010. He said this was big news coming up on how the penny was going to work. He stated 1Vlayor Bush. brought up that the cities buy a window for the Student.Museum at a cost of $500. Commissioner Bundy said the School Board was no longer going to operate the Museum. He stated the School Board owns the property and they may look at selling the property. Mayor Sackett said an idea came up, wi1:h the economy the way it is, that it might look better to put money into the local banks: Commissioner Holt inquired when the last RFP_ was completed. Ms. Rogers said they completed the last one about four years ago. Mayor Sackett said the Longwood Chamber vas involved with the Relay for Life in March. They have inquired what the Commission was doing to be involved. He stated this would be at Lyman High School and the Chamber was using this as one of their signature events. He said the 21st was the League of Cities event for the Mayor of the Year. He reported he was now the Chairman for the Mayors and Managers for Seminole County. He said. the FDOT meeting has been moved to December 3rd in Orlando and he, would be attending. He reported there was a CC 11-17-08/339 meeting with the County in October regarding. the new Fire Station 19. The City inquired to the placement of this Station. It will be placed at the base of Lake Emma Road and Longwood Hills Road. He stated the County will run this Station for a year and monitor the calls. This Station should alleviate some of Longwood's calls. He said it should be up and running. in 2011. Commissioner Bundy inquired if they had not instructed the City Administrator to talk with the County regarding some joint utilization of the facility. Mayor Sackett advised that was the meeting on October 21St and the outcome was that the County wants to wait one year to see how the numbers were running. Mayor Sackett said Ms. Phyllis Turner was a woman that would always speak up and this was a voice that was lost last week in a tragic ear accident. District #1. Deputy Mayor Maingot said the County EMS/Fire Interlocal Agreement has been expired for many years. He inquired if any consideration has been given to the County compensating the City for all of the coverage we have been providing. Mayor Sackett responded in the negative. He said it was his understanding that the City Interlocal Agreements were all being held by the County. Deputy Mayor Maingot said he was invited to the swearing in of District 37 ~ Representative Scott Plakan. He stated Representative Chris Dorworth was also there. He said he spoke and zeroed in on the lack of meariingfitl support given to the Commuter Rail effort last year. He stated. he had "their commitment that this time around they would zero in on the Commuter Rail to try and get it moving forward. On November 11th, he also participated at the ribbon cutting ceremony at the South Seminole Hospital for their helicopter operation. This afternoon at 3:00 p.m. he was at Chambrel with the City Clerk to present a Proclamation to Ms. Alice Koresh for her 101St .Birthday. District #2. Commissioner Durso thanked the citizens of Longwood for allowing him the opporhtnity to serve. He thanked City staff for taking a significant amount of time over the past couple of days to expose him to some of the things going on in the City. He said he looked forward to working with the Commission.towards bettering the City. 9. CONSENT AGENDA. A. Approve Minutes of November 3, 2008 Special Meeting and Minutes of the November 3, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for December 2008. ~J C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for October 2008. CC 11-17-08/340 D. City Administrator recommends the City Commission approve a professional services work authorization between the City and ACi Inc. for Commuter Rail Transit station architecture and selected station planning/design services in the amount of $304,fl79 and authorize the Mayor to sign the agreement. . E. City Administrator recommends the City Commission approve a purchase order in the amount of'$33,08~.00 to Barnes, l~erland and Associates for preparation of plans, construction documents, permitting assistance and construction services for the Lake Emma Road Utility Adjustments for the Seminole County Road Widening Project, and authorize the Cit•~ Administrator to sign all appropriate . documents. Commissioner Holt moved to approve the Consent Agenda Items 9 A-E. Seconded by Deputy Mayor Maingot. Discussion was held regarding Item 9 E. Motion carried by a tulareimous roll call vote. ~ 10. PUBLIC HEARINGS. None. I 11. REGULAR BUSINESS. A. City Clerk recommends the City Commission read by title only and adopt Resolution No. 08-1211, which designates a depository, designates authorized signers and facsimile signatures for the City. Mr. Roper read Resohition No. 08-1211 by title only. Commissioner Holt moved to adopt Resolution No. 08-1211, as presented, Item 11 A. Seconded by Deputy Mayor Maingot and carried by a unanimous roll call vote. B. City Administrator recommends the City Commission review and discuss a requested rate adjustment for solid waste and recycling collection services. and give staff the direction deemed appropriate. Mr. Drago said Waste Pro annually reduests an adjustment to their rates in accordance with their contract. The rates on the first page include the $1..25 Administrative Fee. He stated the resident would look at a curbside bill going from $16.66 to $19.11 and those that are b~~ckdoor will go from $26.95 to $28..40. He said Mr. Dolan was present and could speak specifically to the rate adjustments. He advised the disposal cost,. cart cost, and recycling remains the same. Mayor Sackett inquired what the: cost increase was attributed to.. CC 11-17-08/341 Tim Dolan, Waste Pro, said he realized the fuel costs were coming down and the formula they have been ntmling with for the City was taking a look at the average fuel costs over. the previous year of the contract. They have applied that number to their calculation for the fuel usage. Next year, if the fuel price maintains it current levels, the average would be based on those costs and any decrease would be passed along to the City. Mayor Sackett said they also mention labor, insurance, and administrative overhead. He inquired if the greatest percentage of the $2.50 increase was the fuel. Mr. Dolan said the fuel and also the labor. He stated they found they had not been recording the cost of maintenance labor in the past. Commissioner Holt read an excerpt from a letter regarding Waste Pro's proposal for exclusive 'commercial services as part of the agreement and negotiating a more favorable residential rate. He said he was in favor of that and inquired how this could be accomplished. Mr. Drago said Mr. Dolan would need to provide a detailed rate proposal relative to commercial and what the residential rates would be after. He stated there was a termination clause in each of the Commercial Franchise Agreements. He said he would need to check with the City Attorney if the ~.J Commission moves in that~direction that they can legally cancel the other Commercial Agreements. He stated they would also have to make sure 'they can do this without going out for RFP's. If it has to be bid out, then it would only be the commercial portion. Commissioner Bundy said the businesses would be unhappy if their rates increase. Residents would be happy to maintain or have a decrease. He stated if they offer a sole source for commercial rates, the rates would more than likely be lower. He said he would be interested in looking at the number. Commissioner Durso said Longwood has a significant commercial base and he would assume the more volume Waste Pro would be doing, the rate would decrease for the businesses. Mr. Dolan said the greater density would affect rates. He stated each company buns in a report to the City each month with regards to pricing. and accounts so there was data that could be reviewed. He said if you were getting every stop, there was an operational efficiency that could be passed back. Deputy Mayor Maingot said he didn't think it was a good idea to put all of ~ the eggs into one basket. He stated if there. was something where. the .residents could benefit from it, he would be willing to look at it. CC 11-17-08/342 Commissioner Bundy said he would be interested in seeing the numbers. ' He stated he was sure there was a client listing or numbers they report to the City. Mayor Sackett said if they look at all. seven companies put together as a matrix,, it would be a starting point. Deputy Mayor Maingot inquired. to the fuel costs. Mr. Dolan said the fuel component was $0.74, and $1.14 was primary labor. He stated he was not here to advocate either for or against the suggestion for commercial. This was brought up for the City to potentially look into. He said Seminole County, Oviedo, and Casselberry tivere residential only. It is not without precedent that some cities nm the commercial services tied to the. residential services, .such as Sanford, Lake Mary, and Winter Springs. Deputy Mayor Maingot inquired where he got the bid figures of $23.39 to $29.94. Mr. Dolan said the City of Oviedo went out to bid in August and that was the range of numbers supplied for. the service. Commissioner Bundy said the numbers provided for Oviedo were direct apples to apples comparison of the service levels the City of Longwood receives. What they ultimately chose was a different service of once a week garbage pick-up. Mr. Dolan said Orange. County went out to bid last year. The way they have their contract set up is they have five different zones with approximately 40,000 homes in each zone. He reviewed the costs for their service. Commissioner Bundy said next year we may see a savings if fiiel trends continue. He stated he didn't like; raising the rates, but he did not see any alternative. Commissioner Holt inquired if they could wait on the increase until they look into the commercial combination. Mr. Dolan said the residential increase would normally go into affect January 1, 2009. He stated they could always do something retroactively. Commissioner Durso inquired what the turn around time would be for ~ Waste Pro to have new numbers to address residential and commercial, as well as looking at splitting the commercial. CC 11-17-08/343 Mr. Dolan said he was willing to see how it could be done. He stated the question with the split would become an issue of where to draw the line. He said he would like to see some information from the City regarding the franchise reports and once that is provided, it would take approximately a week. Commissioner Bundy said the problem with waiting is that they need to approve it in time for it to go into effect. He suggested having staff bring forward the necessary agenda item for this price increase while they study the matter. He stated the City Attorney needs time to look into the legal aspects. He said there was precedent for goingwith 100%, but he was not so sure about splitting it up. Commissioner Bundy moved to have staff bring forward the rate increase proposed to the December 1St meeting and simultaneously have Mr. Dolan begin preparation on the commercial figures breaking them down as a partial or whole. The Commission can look at those options at a later time since he is not averse to making it retroactive. Seconded by Commissioner Durso and carried by a unanimous roll call vote. C. City Administrator recommends the City Commission read by title only, set December 1, 2008 as a public hearing date, and approve the first reading of Ordinance No. 08-1880 amending the Fiscal Year 2008/09 budget. Mr. Roper read Ordinance No. 08-.1880 by title only. Commissioner Bundy moved to approve the first reading of Ordinance No. 08-1880 and set December 1, 2008 as a public hearing date. Seconded by Commissioner Holt and carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. Mr. Roper reported there vas a recent case that came out in the 4th District Court of Appeal involving the use of ad-valorem taxes by Palm Beach County. The litigation was brought by the City of Delray Beach and Boca Raton. He stated those two cities were suing the County in what they viewed as double taxation use of County ad-valorem taxes to fund County Fire Rescue Services in unincorporated areas and also areas in Delray Beach and Boca Raton. The end result was that. it was unsuccessful for the two cities. He said he would e-mail the case to the Commissioners. 13. CITY CLERK'S REPORT. Ms. Minis said former Commissioner Anderson served on both CALNO and the MetroPlan Municipal Advisory Committee. She stated representatives will need to be appointed by the Commission. IVIr. Drago said CALNO meets on December 3, 2008.. CC 11-17-08/344 Ms. Mires advised Metrol'lan meets on. the third Thursday. Mayor Sackett requested tlus be placed on the Agenda for the December 1, 2008 meeting. 14. ADJOURN. Mayor Sackett adjourned the meeting at 9:12 p.m. Brian D. Sackett, 1VIay ATTE Sarah M. Mires, CMC, MBA City Cterk i CC 11a17~C~8/345 This Page Left Blank Intentionally. i CC 11-17-08/346