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CCMtg02-02-09Min 4~ LONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West. Warren Avenue Longwood, Florida MINUTES FEBRUARY 2, 2009 7:00 P.1VI. Present: Mayor Brian D. Sackett Deputy Mayor John C. Maingot Commissioner Joe Durso Commissioner Mike Holt Commissioner H.G. "Butch" Bundy Donavan A. Roper, Acting City Attorney Tom Jackson, Acting City Administrator Sarah M. Mirus,-City Clerk Lt: David Dowda, Police Department Tom Smith, Division Manager of Streets/Fleets Laurie Mooney, Fire Chief Dawn Jackson, Personnel Manager Craig Dunn, Computer Services Manager Fran Meli, Recreation Program Manager Ryan Spinella, Executive Assistant 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 followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcement: A. Lyman High School's .Second .Annual SK Foot Race will be held on Saturday, February 14, 2009 beginning at 8:.00 a.m. 4. .RECOGNITIONS. A. District #2 Presentation ofthe Business Person of the Month Award 'for February 2009 to Steve Young of Steve's Florist located at 1155 West State Road 434; Suite 159. i Commissioner Durso .read a brief biography on Mr. Steve Young of Steve's Florist and presented him with the Business Person of the Month Award for February 2009. Photographs were then taken. B. Presentation of the 29th Annual JOY (Juvenile of the Year) CC 02-02-09/43 Awards. Mayor Sackett read the history on the JOY Awards. He then read a biography on each student. Deputy Mayor M:aingot, Commissioner Durso, Commissioner Holt, and Commissioner Bundy presented each student with a framed certificate. Photographs were then taken. Rufus Woodard Altamonte Elementary School AJ Folger Choices In Learning Charter School Sara N. Mota Greenwood Lakes .Middle School Lauren Davis Highlands Elementary School Carlos Ospina Lake Mary High School Nicholas S. Costello Longwood Elementary School Hope Trask Lyman High School Pamela Shinde Milwee Middle School Kevin Skuthan Rock Lake Middle School Ana Marie Acevedo Woodlands Elementary School 5. BOARD APPOINT'IVIENTS. Ms. Mines said she received an e-mail today requesting an endorsement for CALNO's recommendation that Commissioner Art Woodruff of Sanford be appointed to the Seminole County Expressway Authority. She stated we needed . to send them a letter by Febniary 13tH ~ ; Commissioner Durso moved to endorse CALNO's recommendation that Commissioner Art Woodruff be appointed to the Seminole County Expressway Authority. Seconded by Deputy Mayor Maingot and carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Presentations. Yice Chairman Michael McLean from Seminole County Government will be giving a presentation for sponsorship of a Corporate Table at the State of the County Luncheon. Mayor Sackett said Vice Chairman Michael McLean was unable to be here tonight. He stated the Commission decided at the last meeting. that they would each take care of this individually. B. Public Participation. Judy Putz, 280 West Warren Avenue, said she would like to address a major deception played out on the Codes Enforcement Board and this Commission. She stated at the January 27, 2009 Codes Board meeting they were told by Amy Goodblatt, Attorney to the Codes Board, that the City had requested the Codes Enforcement Board to waive a $100 per day fine in the Michelle Bridle case. She said M:s. Goodblatt stated even if the Codes Board upheld the fine, the City would not enforce it in court. She CC 02-02-09/44 ~ stated Ms. Goodblatt said Mr. Roper spoke very strongly on that subject ~ that afternoon and emphasized over and over again that the City did not want the Codes Board to uphold the fine, Based on the Board Attorney's representation, she .made a motion that, as requested by the City Commission, all fines in this case be waived. It passed by a four/two vote. She said she listened to the tape of the. December 15, 2008 City Commission meeting. where the Michelle Bridle case was dscussed:and was shocked to hear Commissioner Bundy tell this Commission that, "All the other Code problems, fees, administrative fees, etc., to the Codes Board in everything have been paid and the. only thing outstanding in the way of everything going away regarding 148 13~' Avenue was whether they waive or not waive the $200 fee." At no time did this Commission discuss whether they wanted the Codes Enforcement Board to waive the $1.00 per day fine, since they were told it didn't exist. She asked how and when did the Commission ask the Codes Board to waive the fine and who told Amy Goodblatt that the City wanted these fines waived. She stated the City Attorney present at the Codes Enforcement Board meeting said she only knew about the. $200 fine that the Commission had waived. After a telephone. conversation with Mr. Roper, she stated that according to him, the City had no objection to the Codes Enforcement Board waiving all of the fines. At no time did she say this was the City's request. She inquired why Commissioner Bundy told this Commission that all fines had been l paid except for the $200 penalty being considered by the City Commission ~I' on the evening of December 15, 2008. She suggested perhaps it was time this entire incident is referred to an outside agency for investigation so they can find out exactly what transpired. Mayor Sackett said the Acting City Administrator's Report is next on the Agenda. He stated they have a Consent Agenda that takes care of their appointment of the Acting City Administrator. Therefore, he suggested they do the Consent Agenda first. 7. ACTING CITY ADMINISTRATOR'SREPQRT. Mr. Jackson said he was bringing before the Commission a Traffic Maintenance Agreement. for some direction. He stated currently there were four signals along State Road 434 that are not in sequence with the rest due to a Maintenance Agreement we have entered privately. Because of this, those four signals have been pulled from the maintenance loop which is controlled by Seminole Traffic Engineering. He requested a consensus on direction to move forward, or not, to reintroduce those four signals into the maintenance loop and reintroduce a service relationship with Seminole Traffic Engineering to address these four signals. He said it currently was a pass through cost to the State that forwards to us certain l funding. The former City Administrator had chosen to isolate these four signals because they intersected with City and State maintained streets. He said these four signals that run from Rangeline to Wayman would be back in the flow and synchronization ofthe other lights. He advised these lights have a traffic device on them so that when an emergency vehicle goes through, the device overrides the CC 02-02-09/45 signal and because they are not linked, they do not synchroriize. This contributes to the heavy congestion on State Road 434. ~ ~ Deputy Mayor Maingot said he had. an opporttmity some time ago to discuss these issues with Seminole County regarding the function of those traffic signals. It was his understanding that when this private company took over,. a lot of this technical equipment is stored within the control boxes. He stated this equipment was removed by Seminole County. Therefore, this equipment is not compatible with the County's equipment. He suggested checking with the County to see what additional cost would be involved with the County placing their equipment back in the control boxes so that everything is common.. He said they told him that even ifthey took it over, there would be no immediate improvement. Mr. Jackson said the equipment was the same.. It was just relocated to the outside because Seminole County Traffic Engineering did not want an outside vendor inside the control head of the box. He stated-they have indicated they can move forward as quickly as everyone agrees on the contracts. He said the cost, if any, would be suffered by them, subject to final approval. He stated their desire is to get these lights back into the sequence and create a smooth transition of traffic flow from I-4 to the 417. Commissioner Holt 'inquired if there was an existing contract with the outside vendor. Mr. Jackson advised there was a contract that has a ninety (90) day notification to discontinue the service with no penalty. It was the consensus of the Commission to move this forward. Mr. Jackson reported in December Commissioner Bundy requested to bring forth the At-Will contracts for review and a Resolution. He spoke with the City Attorney and if it pleases the Commission he would like to turn over to the Attorney all of the existing At-Will contracts for review. Deputy Mayor Maingot said it was his Linderstanding that At-Will contracts were not barred or prohibited within the Personnel Manual. He stated he would like to see what the recommendations are. It was the consensus of the Commission to move this forward. Mr. Jackson said he had a Memorandum dated January 21, 2009 from the St. John's Water Management District regarding water conservation and suggesting the cities adopt a Water Conservation Ordinance. He stated if it were the Commissions' will he would move forward and present an Ordinance at the February 16~' meeting. It was the consensus of the Commission for Mr. Jackson to move forward with presenting a Water Conservation Ordinance. CC 02-02-09/46 ~ Mr. Jackson said at one of the Commission meetings there was some comment I regarding inventory control and discussion that items under $1,000 were ' disposable. He stated one of the comments made by the Commission was they would like to see some accountability. He has directed Personnel to move forward and look at several systems where we can account for all equipment, regardless of the cost. Mr. Jackson reported he met with most City staff today to give them an overview of changes and what to expect. He advised the Department and Division Heads that they should anticipate a more detailed budget. He said they were told to anticipate Budget Workshops to justify expenses. Mr. Jackson reported he was contacted over the weekend that the Farmers Market had a failure of electrical services. Palmer Electric came out this morning and identified the problem. He said it was about $1,700 to correct this issue and with the direction of the Commission he would move forward to correct this situation. Deputy Mayor Maingot said if moving forward with the Farmers Market, then they should have it done. Mayor Sackett said Farmers Market or not, the matter needed to be corrected. Commissioner Durso said if they were going to expect more people to participate I in more events, then they need to increase capacity. . Commissioner Holt said the Farmers Market has not come back to the Commission for review. He stated this was a parking lot and did not need all of this electricity. He said the discussion should be when Parks and Recreation brings it forward. Commissioner Bundy inquired if it was necessary to upgrade it for what the City needs it for, or for this specific need. Mr. Jackson said this specific need identified what the problem was. He stated if the City planned on having ongoing events there that require some type of electrical service, they may want to consider this upgrade. Mr. Jackson reported one day last week we' had our website compromised and we were contacted by the FBI. He said the firewalls we have in place prevented any type of intrusion into our confidential data. He stated Ryan Spinella and Craig Dunn would like to present to the Commission a resolution to this. He stated . hackers are prevalent and we need to deal with this situation. Mr. Spinella said they were working on getting three quotes together for different websites. They have talked to the Revere Group, whom the City currently contracts with for network infrastnicture. He stated they also received some quotes from companies that specifically do e-government websites. He advised he and IVIr. Dunn had conference calls with the companies. There is a company out CC 02-02-09/47 of Connecticut that seems to offer the best solution and will address the security needed and can customize to meet our specific needs. , Mayor Sackett inquired if they could be ready to make a presentation with the associated costs for these three companies at the February 16~` meeting. Mr. Jackson responded in the affirmative. Commissioner Holt said we have been compromised. If the Commission can come up with a not to exceed amount, let them proceed. He stated this was time sensitive, and we needed to be safe and secure. Mr. Jackson said this case was under investigation by the FBI, Homeland Security, as well as the Longwood Police Department. He stated we know at what levels they were able to hack and they were not able to get past our firewalls. However, until this investigation is concluded, they cannot speculate on the particulars. Mr. Dunn said the City's infrastnicttire and website are housed in two different locations. The website is housed in Virginia, so in terms of exposure to the internal network, it is zero. Commissioner Holt said if this was time sensitive, then provide some figures so they can determine an amount not to exceed. ~ • ~i Mr. Dunn said they had three quotes with $29,360 as a high and $25,337 as a low. He stated in this case, the lowest quoted price was the best fit for our organization. Mayor Sackett said he would like to see all three proposals with their recommendations to include the history of what has been going on with the City's website. 8. MAYOR AND COMMISSIONERS' REPORT. District #3. Commissioner Holt said the Administrator touched on several points he was going to bring up. He stated he was looking forward to receiving the information regarding how much equipment the City owns, the state it is in, and what it would take to start up our own mowing crew. He said he has been told there were four people mowing every day through the contractor. He stated through the Memorandum they received from Ms. Carol Rogers, if they get rid of the swales being mowed in front of properties, it will save half of their contract. He said he would like to see the City take over doing our own mowing and would like to see this by the end. of March. He stated we need to be proactive and protect the citizens' computers that visit our website. District #4. Commissioner Bundy said he had some issues he was ~oing to bring ~ up about the Codes Enforcement Meeting, including the January 27t Meeting. CC 02-02-09/48 However,, after discussing it today with the City Attorney,.. he will defer to him for legal direction regarding actions that may need to be taken. District #5. Mayor Sackett reported he recently attended an Envision Seminole Meeting on the economic outlook of what Seminole County is expecting. He learned the economic downturn started December 2007 and we are still in it. The expectation for coming out of this is predicted for the third quarter of this year. He said the,presenters said the-housing market will not recover unti12012. Mayor Sackett said as the. Chair of the Mayors and Managers meeting in Oviedo, 100% of that meeting was School Board concerns. He said the School Board was - looking at active ways to deal with the present $8 million cut. Mayor Sackett said he called.all staff together on Friday to say goodbye to Mr. Drago and Ms. Rogers as well as to welcome the Acting. City Administrator. He stated this was an opportunity to talk with each Department Head and it was a time to reconnect with what is the vision of this City and where we want to be in f ve years. They talked about morale in their departments and what the Commissioners can do to help them within their departments. District #1. Deputy Mayor Maingot said he would start with the landscape costs 1 that were referred to by Commissioner Holt. He stated in looking at this, the figures could certainly do with some messaging. However, he said he was not in favor of growing government and one of the big pluses with private contracts was if they don't perform, you can get rid of them. He said our Acting City Administrator has started off in the right direction with commitment, dedication, and expecting performance. He stated he would like to see an evaluation of every Department, what they are doing, and how we can improve. He said there were small cities within the. State of Florida that were having a har time in paying their bills and he does not want to see the City of Longwood et into that area. He referenced a letter dated January 27~' from the Property Appr iser and said we were going to be short $1 million in revenue in this City. He reported he attended -both Town Hall Meetings and they did not paint a rosy picture. of what was going to happen in Tallahassee over the next two months. He said it was their fiduciary responsibility to face and ensure this is carried forward. He stated he was very concerned with what was happening and they needed to look at this realistically and objectively. He said they needed to put whatever they can into the reserves. He stated. what was originally agreed upon with the Commuter Rail Station and platform associated there was now coming in as extra costs. District #2. Commissioner Durso requested a copy of the list of prof ects submitted for the Federal Stimulus Package. He said he would like to discuss and get some direction from the Commission with regards to red light cameras. He has ~ discussed this with a number of Commissioners from other cities. He stated ~ people at the State level were actively pursuing State Stahite with regards to these cameras. He said this would be a worthwhile investment for the City. He stated the cameras are installed and the company takes proceeds from the tickets, so it is at no cost to the City. CC 02-02-09/49 Mayor Sackett said he would encourage Commissioner Durso to have more discussions with the Acting City Administrator and :perhaps put together ~J information regarding this matter. • Commissioner Durso said regarding the website issue, the FBI was involved because of mentioning Hamas. He stated he was not so concerned about the water bills,. but agreed it was time sensitive. He said with something like this, you measure twice and cut once. He stated he appreciated staff's due diligence in finding a company that works for the City. He said he agreed with Deputy Mayor Maingot and he also attended the Town Hall Meeting. He stated he was acutely aware• of how painful things are in Tallahassee. He suggested; outside of the doom and gloom politics they tend to practice with. regards to budget cuts and deficits, that we maintain some level or set a goal for positive growth in the City. He mentioned several projects such as the Commuter Rail, development of the Pic' N Save property, expansion of State Road 434, and reworking of the I-4 exchange can produce. revenues without forcing the City to pass the burden onto taxpayers. He said it was important to remember they do have options and they need to pursue those options and -work with others to expand the tax base. 9. CONSENT AGENDA. A. Approve Minutes of the January 19, 2009 Regular Meeting. B. ~ Finance Division of the Financial Services Department recommends payment of approved and estimated bills 'for February 2009. C. City Administrator recommends the City Commission approve a Memorandum of Agreement for the Acting City Administrator and authorize the Mayor to sign the agreement. D. The Acting City Administrator recommends the City Commission confirm the appointment of David Dowda as the Interim Chief of Police. E. The Acting City Administrator recommends the City Commission confirm the appointment of Katrina Powell as the Interim Financial Services Director at the annual base salary of $78,500 and for her to serve as such until a permanent Financial Services Director is appointed. Commissioner Holt moved to approve Consent Agenda Items A-D. Seconded by Deputy Mayor Maingot. Commissioner Bundy suggested the finding for Item 9 C come from the General Revenue Fund and not from the Police Department. He said for the additional responsibilities, he needed to be paid more. Commissioner Btuzdy moved to amend the Compensation Section 3 to include an additional sum of $5,0.00 paid in the increments of CC 02-02-09/50 the pay period covered under the 120 day period of the Agreement. i Seconded by Commissioner Holt. Deputy Mayor Maingot said he believed this would be over four months as opposed to three months. • Commissioner Bundy said if it ends up being, four months he was satisfied with the $5,000. He stated they could prorate it back to the base pay. Commissioner Holt said if it goes past the 120 days, it would have to come back to the Commission for review. Motion to amend carried by a unanimous roll call vote. Commissioner Holt said in the very front under Explanation/Background, it states this was reviewed by the City's Labor Attorney. Mr. Roper said he spoke to the City's Labor Attorney and he did review the Agreement in detail. Commissioner Holt inquired if the Interim/Acting/Temporary City Administrator was comfortable with the Agreement. Mr. Jackson said he appreciated the adjustment. He stated the contract was • fine with him. Deputy Mayor Maingot moved to amend Item D, covering the Acting Police Chief, and he would like to recommend they go above the 5% to a 10% increase which would bring it to $7,400 for a monthly adjustment of $693.06. Seconded by Commissioner Bundy. Commissioner Holt asked the City Attorney if this fell under the City Charter and the Charter states they ean only get up to 5%. Mr. Roper responded in the affirmative. Deputy Mayor Maingot. withdrew the motion. Main motion carried by a unanimous roll call vote. Mayor Sackett said the. last Item to be determined was Item 9 E and he read it into the record. Commissioner Bundy moved to approve Item 9 E. Seconded by Commissioner Durso. CC 02-02-09/51 Deputy Mayor Maingot said he read her resume and she has quite a background, but she is not a CPA. He stated they have to get prepared for an audit and also need to get ready for the CAFR to meet State requirements. He said the former Finance Director came on board at $5.5,000. He suggested going with $65,000 base salary for the Interim Financial Services Director. He stated we may need to engage some additional outside help in conclusion and preparation of the final documents since they need to be signed by a CPA prior to the Acting City Administrator signing them. Mayor Sackett inquired if the statement about a CPA required signing these documents prior to the Febniary 16th presentation. Mr. Jackson responded in the affirmative. Mayor Sackett inquired who, in this scenario, would they have as the authorizing signature. Mr. Roper said in the past Ms. Rogers took on that task. He stated whether the same person who is a CPA can sign off on it or it could be signed by another person who is a CPA. He said a CPA is required to sign it, but he ' does not know if that CPA is required to be the Finance Director. Mr. Jackson said in the long nin they would reach out to GSG, or a similar ' ~ service, to resolve any issues we can't. He stated they believe we would be able to recover and resolve 95% of them. He pointed out that the City job ' posting establishes the pay from $70,000 to $105,000. He said the job has been posted on the network and the job posting threshold established is without a mandatory CPA designation, but shows a preference of a CPA. He stated with all fhe other criteria Ms. Powell has,. she meets that threshold. He said they have a series of deadlines, one being the long audit that begins Febnlary 16th and they must have these reports completed by March 31St. He stated they would need to negotiate those additional costs. His preference would be to reach out to GSG since they have previously worked with the City. He said Ms. Powell would not be here for a fiill ' year, she has stepped into help through this issue and the annual proposed salary was prorated. He stated the difference between this proposed salary .and the departure salary of Ms. Rogers would probably cover Ms. Powell's amount of payment, as well as some to GSG. Commissioner Bundy asked IVIr. Jackson if :he was comfortable with this appointment and Ms. Powell's ability. Mr. Jackson responded in the affirmative. He said he would not step up and jeopardize the success of his involvement by placing someone he did not feel to be competent and capable. ~ ' CC 02-D2-09/52 Commissioner Bundy inquired if Mr. Jackson felt the compensation in the Agenda Item was fair for both Ms. Powell and the City. Mr. Jackson said he assessed what Ms. Rogers made at her departure and she had only been back six-seven months from GSG. He took the entry level pay and rather than splitting. the. difference at the median, he went on the low side. He stated for the overall services she will afford the City, he feels this is a good decision. Commissioner Durso inquired,. for clarification, Item E covers hiring Ms. Powell and does not expand to the discussion regarding outside help going to GSG specifically. Mayor Sackett said that was correct. The additional outside help would come forward later. Mr. Jackson said within the scope of the finance budget, there is $5,000 set aside, which was a proposed payment should Ms. Rogers come back as a Consultant. He stated. whether Ms. Rogers would come back to help with the audit and CAFR, or if they go to GSG, there are ample fiends in the budget. Commissioner Durso said he would support Item 9 E. However, he would oppose in having Ms. Rogers come back, and he would prefer contracting with an outside firm. Commissioner Holt, said when you pay the amolmt of money paid out in salary, you would hope the job they were paid to do would be completed as required. At this point, they are going to have to work through whoever , signs it off. Mayor Sackett said without the CPA, he felt the salary of $78,5..00 was a little high with $70,000 being the low end of the salary range. Motion carried with athree/two roll call vote with Mayor Sackett and Deputy Mayor Maingot voting nay. 10. PUBLIC HEARINGS. A. .City Administrator recommends the City Commission read by title only, and adopt Ordinance No. 09-1885, establishing pass through costs to developers for City consultant services on development applications. i Mr. Roper announced having proof ofpublication and then read ~ Ordinance No. 09-1885 by title only. Mayor Sackett opened the public. hearing. No one spoke in favor or in opposition to the Ordinance. CC 02-02-09/53 Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Durso and carried by a unanimous voice vote. Deputy Mayor 1Vlaingot moved.to adopt Ordinance No. 09-1885, as presented, Item 10 A. Seconded by Commissioner Bundy. Commissioner Bundy said in discussing this with the Acting City Administrator, he had some suggestions that he would like to hear. Mr. Jackson said he did not author this Ordinance or bring it forward initially. He met with Mr. Sizemore today alid would request he come forward to discuss the Ordinance. He stated the Ordinance presented was authored with the sole authority and discretion of the Ordinance sitting on the shoulders of the City Administrator to set fees and determine costs. He said Mr. Drago liad a very strong eye for development and very strong willed.. He stated with Mr. Drago not here, any fixture Administrator may not have that keen sense of development. He requested Mr. Sizemore to create a duplicate document, but in this document, it authorizes the Director of Community Services to be the Administrator of this since this permit would fall under his purview. He said he would like to give the 'Commission this option to consider that perhaps the Community Services Director would be the better custodian of this project. i Mayor Sackett said he read the Ordinance and it says "City Administrator or designee". He inquired if this needed to be more upfront within the article. Commissioner Bundy said they were looking at instead of City Administrator he would like to see it be the Community Services Director since he is the one closest to it and can better determine. He said the Community Services Director is answerable to the City Administrator. Mr. Jackson said there were several locations within the Ordinance where it goes back to the discretion of the City Administrator. He distributed copies of the proposed amendments. 1VIr. Roper advised they were going through the first reading so any addendums or amendments would~need to be made and voted on tonight. He said this was why the Acting City Administrator was bringing this up . to the Commission tonight. Mayor Sackett said he sees this as handing everything, over from the City Administrator to the Community Services Director. He stated he would feel more comfortable having the "or" in the document. 1VIr. Jackson said one proposal puts all of the responsibility, maintenance and oversight of this review under the Community Services Director. CC 02-02-09/54 . However, he is still answerable to the City Administrator for the progress and status. . Commissioner Holt inquired if they could table this Item. Mr. Roper said they could amend it or table it for consideration at a later time. Commissioner Holt inquired if Mayor Sackeft's .suggestion was rather than striking City Administrator to place a comma and "or". Mayor Sackett responded in the affirmative. Commissioner Bundy moved to amend it to the wording of "Director of Community Services" as the Item submitted by Mr. Sizemore and the Administrator. Seconded by Commissioner Holt. Mr. Roper advised there was some additional language in Section 59-5 that goes beyond just simply substituting the City Administrator for the Community Services Director. Mr. Jackson said the reason for Phis was that the Ordinance was pulled from several models from other cities, and when reading through it today, ~ it did not flow. Therefore, they restnictured it. Deputy Mayor Maingot said there were checks and balances and he was very comfortable with Mr. Sizemore at the helm of this Department. However, should they have another Director of Community Services; there would be no insight from the City Administrator. He declared they should include the City Administrator. Mr. Roper said Mr. Jackson's changes put more mandatory responsibilities on the Director of Community Services to do things with the wording "shall", where the original version had "may". Secondly, he said by the Charter, the City Administrator has direct oversight on this .and other types of issues. Commissioner Durso said he was comfortable with the proposed amendments as it mandates the Director of Community Services to do a number of things. If he/she is not following through on those duties, then he/she is held accountable to the City Administrator. Mayor Sackett reiterated somewhere up front they need to relegate the overall responsibility to the Administrator. He pointed out that Section 59- ~ 3 (c) states the Director of Community Services may waive the requirement of review deposits. CC 02-02-09/55. Mr. Sizemore said the distinction was between the passing on of fees, actual expenses to the City versus collecting a deposit upfront to act as a ~ credit towards those fees. He stated the part about waiving the deposit was not about waiving the fee itself. Mr. Jackson said perhaps they could add in the section for waiving the fee, that the City Administrator has the final view upon recommendation of Mr. Sizemore and staff. Mayor Sackett said it needed to be in there one time and Section 59-3 (c) would be the best place: Mr. Roper said they could change Section 59-3 (c) so that it is subject to authorization and approval of the City Administrator and adds this amending language to the motion. Commissioner Bundy said there would be more requirements to waive the fee than would be subject to requiring the fee. Deputy Mayor Maingot said all he was concerned with was to have a check and balance along the line. Commissioner Durso inquired what percentage of these would require waiving afee. - .~1 Mr. Sizemore said because new constriction permits are inchided, this would require taking several inventories a week since they come in with more regularity. However, the large applications, site development plans, and lot splits maybe once a week or every two weeks. He stated the building permits would be the most difficult and they-would need to set up a system to inventory the new constriction. Commissioner Durso asked Mr. Sizemore if he agreed with the proposed language. Mr. Sizemore said it could be implemented either way. He stated if it was the desire of the Commission to have the Administrator ultimately sign-off on these, they can create a system to do that. and try to make it as efficient as possible. Deputy Mayor Maingot moved under Section 59-3 (c) be amended to "In all cases the Director of Community Services in consultation with the City Administrator may waive the requirement." Seconded by Mayor Sackett. Motion to amend Section 59-3 (c) denied by a two/three roll call , vote with Commissioners Durso, Holt, and Bundy voting nay. CC 02-02-09/56 ~ Motion to amend to the language as submitted by Mr. Sizemore and the Administrator carried by a three/two roll call vote with ' Mayor Sackett and Deputy Mayor Maingot voting nay. Main motion carried, as amended, by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission. read by title only, set February 16, 2009 as the second public hearing date, and. approve the first reading of Ordinance 08-1881 amending the Longwood Development Code as it relates to offsite directional and real estate signs (LDCA 01-09). Mr. Roper announced having proof of publication and then read Ordinance No. 08-1881 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Holt moved to close the public hearing. Seconded by Deputy Mayor Maingot and carried by a unanimous voice vote. Deputy Mayor Maingot moved to approve at first reading Ordinance No. 08-1881 and set February 16, 2009 as a second public hearing date. Seconded by Commissioner Bundy. Deputy Mayor Maingot said he would like to include the word "rent" under Section F (1) where it states ``One real estate sign is allowed on the property being .sold or leased." Mayor Sackett asked the Attorney if leased/rent were the same word. Mr. Roper said in concept they were the same. Deputy Mayor Maingot said a lease would be for a set period of time and a rental could be on a monthly basis. It was the consensus of the Commission to add the word "rent" under Section F (1). Commissioner Holt said he had some concerns with Section D (2)(c) regarding going from 7 feet to 15 feet for the maximum height of off-site directional signs. Commissioner Bundy said this brought it in line with what our other sign. requirements are. CC 02-02-09/57 Mr. Sizemore said before this directional signs were only for events. In this proposal, they are permanent signs and adhere to all other design standards for permanent signs. Discussion ensued regarding the maximum height of off-site directional signs. Motion carried by a unanimous roll call vote. C. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set February 16, 2009 as the second public hearing date, and approve the first reading of Ordinance 08-1883 to adopt, a revised Historic District Codebook (LDCA 03-08). Mr. Roper announced having proof of publication and then read Ordinance No. 08-1883 by title only. Commissioner Bundy left the meeting at 9:22 p.m. and returned at 9:23 p.m. Commissioner Durso left the meting at 9:23 p.m. and returned at 9:25 p.m. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Bundy moved to close the public hearing. Seconded by Deputy Mayor Nlaingot and carried by a unanimous voice vote. Deputy Mayor Maingot moved to approve at first reading Ordinance No. 08-1883 and set February 16, 2009 as the second public hearing date. Seconded by Commissioner Durso: Deputy Mayor Maingot inquired about 1.1 Lot Type Map, (3) regarding one stricture being built on a lot of 2.1,000 square feet or less. Randall Glidden. with ACi said the current code for the entire District only allows one principal structure on a lot of any size.. He said they were looking at the concept for development, or redevelopment of sites, especially in the Downtown core, where there are schemes that require more than one principal structure. Accessory struch~res, such as a garage or cabana, would be secondary strictures, would be allowed under those items. He stated putting more than one principal structure would be very difficult on the smaller lots. Mr. Sizemore said the issue of the lot widths was standards of not less than 50 feet, but based on the determination of the Commission, there could be a reduction down to 46 feet with some kind of special ~J characteristics. He stated this deals with just the lot width and the 21,000 CC 02-02-09/58 square feet figure deals with the number of structures you can place on a lot. i Commissioner Bundy said he would like for the Commission to have a consensus to authorize ACi to pursue having a Developer look at the City Hall Complex area. He stated they have discussed this three or four different times and he would like to see this pursued further. It was the consensus of the Commission for ACi to pursue further with some proposals for the City Hall Complex. Larry Adams with ACi said it has taken time to .get where they are, but they know today there is a need to be resilient and a big .issue in digging deep to find out what they need to do and to prioritize where things go. He stated this book came from the Community from the Workshops held. He said they would like to strengthen, not so much to just jump into something, but that this book not just sit in the bookcase. He stated the government in Longwood can be strong about trying to create some efficiency in how it uses its property, especially in the Historic District. He said with the Hospital expansion and the Commuter Rail there could be an opportunity to help the community look at the potential value of what they ~ do have here on a small basis. i Motion carried by a unanimous roll call vote. Commissioner Holt left the meeting at 9:34 p.m. and retiuned at 9:36 p.m. 11. REGULAR BUSINESS. A. The Community Development Division of the Community Services Department recommends the City Commission review and discuss a matrix of Commission comments on the proposed reconstruction of a billboard sign on West SR 434 and give staff the direction deemed appropriate. Mr. Sizemore said at the Commission's direction he met with each Commissioner individually and they talked through the discussion that occurred at the previous Commission meeting. The idea was to obtain feedback from each Commissioner on the. items important to them. He said there was a lot of similarity, but each Commissioner had some piece of information that was contributed. He stated Bobby Hill with CBS Outdoor was present. Mayor Sackett asked Mr. Hill if they also owned the. billboard sign by I Sobik's. Bobby Hill, CBS Outdoor, responded in the affirmative. He said it was a static based sign that was 14 by 48. He stated it was more of a back to back type of sign and does: not have the tri-vision. CC 02-02-09/59 Mr. Sizemore said Mr. Hill did not have the Agenda Item. He stated the idea was for the Commission to have the matrix so to determine which comments were going to be the City's position and from there Mr. Hill could know what he would need to put together for his next appearance before the Commission. Mayor Sackett inquired as to what was the time lapse between the sign changing. Mr. Hill said the LED signs flip every eight seconds. He said the tri-vision sign also turns every eight seconds and this was. a State standard. Mayor Sackett said the first step is to determine whether to have the sign or not. He asked Mr. Sizemore what his recommended approach to this was. Mr. Sizemore said the primary. question that needs to be determined is if the City Commission is willing to consider an agreement if it is presented with a combination of the comments. from th.e Commissioners. He stated to then take into account the comments that are common to every Commissioner. One comment that-was unanimous was that a plan needs to be provided as part of an agreement with CBS and it needs to be to scale drawings indicating current pole location,. proposed pole location, property lines, existing right-of--way lines, fixture right-of--way lines and the ~ ~ overhang. He said there were a few other items such as this being one shot at relocating the pole, thus the importance of including fiittire right-of--way lines. There be a condition in the agreement that no variances through this process working through with FDOT for right-of--way takings be granted in the future, unless there is a significant variation from. the right-of--way taking plan. He stated there was also some consistent discussion regarding the change rate and whether to reduce it to something slower. Mayor Sackett inquired if there have been any further discussions since the January 5th meeting with Mr. Littman. Mr. Hill said he dd.have a follow-up meeting with Mr. Littman and told him about the meeting. He stated Mr. Littman was still in discussions with people on what he will be doing with the property. Deputy Mayor Maingot said they needed a letter from the Owner of the Sushi restaurant and Fifth Third Bank stating their opinion of the proposal. Commissioner Bundy said they have several things that were a majority as a starting point. He stated, according to the matrix, most were resigned to the fact that a new sign was better than the old sign. One of the items in the matrix was proof from the. people that are immediately impacted by it. He said one of the things listed was the vibratory report and this could be ~ included in the plan submitted to the City. He stated the matrix gives staff CC 02-02-09/60 an indication of what the Commission wants to be able to start negotiating an agreement. Mayor Sackett inquired what the urgency was since they don't have a plan from Mr. Littman, Fifth Third Bank, or State Road 434.. Mr. Hill said when they originally began talking to Mr. Littman, their lease does not expire. for a few more years. He stated they typically begin talking about renegotiating a lease a year and a half out. In this case, it is more from an advertising standpoint and the LED is a much nicer look to benefit the community. Commissioner Durso said it was, pretty much determined at the last meeting with Mr. Hill that the billboard will remain as it is if they don't do something positive with this. " Mr. Hill affirmed that billboard could stay there for a number of years as it is. Commissioner Durso said one way or another they are going to have the billboard there. He stated if they could move this forward to a point where ~ they use this as a catalyst to start a conversation with the property owners to discuss how they would like to move forward. Commissioner Holt ..said his preference would be if it comes down, it stays down. However, they are here for discussion which is why they did the " matrix. He stated they only want to work on one side and do not want to " make it nicer. He declared something was not being made known and he was.uncomfortable with it. It was the consensus of the Commission to bring forward a plan that stems from the matrix with Deputy Mayor Maingot voting nay. Commissioner Holt moved to extend the meeting. Seconded by Deputy Mayor Maingot and carried by a unanimous voice vote. The Commission recessed at 9:56 p.m. and reconvened at 10:04 p.m. B. The Recreation Division of the Community Services Department requests the City Commission review a draft proposal of a marketing plan for Recreation. and Parks and give staff the direction deemed appropriate. I Ms. Meli said she was asked to put together a marketing plan for the Parks ~ and Recreation Programs and Events. She stated this was a rough draft being presented. She pulled some demographics for Longwood and looked into different practices and put together a list of all Events and Programs. She said she did a rough survey a couple of months ago for a class she is CC 02-02-09/61 taking and found that what they do is not well known in the community. She stated they were looking at other ways of marketing to the City of ~.J Longwood and getting the message out of what they offer. She included a list of how they currently market. She asked for direction from the Commission of what the next step should be. Deputy Mayor Maingot said there was a lot of good thought in this, but he thinks a lot of it is superfluous. He inquired if we were operating a profit center to gain revenue generation or was it a function and a quality of services provided to the citizens. He stated we needed to do .something like this, but they need to customize it or tailor it to our City and what we have to work with. He said there were a lot of good points stated, but a lot that was not applicable. to what we were trying to do for our City. He stated when he looks at a marketing plan, he likes to look at the quantification attached to the plan and that was not reflected. He referenced page five and inquired who we were competing against and what our price stniettu•e was versus the competition for like activities. He said pages six through eleven had good information and referenced what we can do to improve participation and at what costs. He inquired if pavilion rentals also referred to the Community Building. Ms. Meli responded in the negative and said the Community Building was outside of her realm of responsibilities. She explained there was a pavilion at Reiter Park and Candyland Park that are rented. There are also ball ~ i fields that are rented. Deputy Mayor Maingot said they needed some cost comparisons. He referenced page 17 and inquired what our return was on the investment. • Commissioner Durso thanked Ms. Meli for the amoLu1t of tune and work put into this. He inquired if anything like this has ever been done for any of our programs. Ms. Meli said not that she was aware of. Commissioner Durso said this was a vast improvement from doing nothing. He stated the question was raised regarding who we compete with. He said we provide programs, staff, money, man hours, and space for programs that compete with the YMCA, private summer camps,. public summer .camps, ;School Board programs, and other municipalities. He stated parents will chose to send their children to other various programs without even thinking about Longwood's programs because they don't know about our programs. He said this was taking the first step to allow the Commission to provide some direction. He stated this allows staff the . opportunity to target advertising for these particular programs and specific age .groups. He said he did agree-with Deputy Mayor Maingot in that some ~ ' cost analysis was required. He stated he would be willing to meet with Ms. Meli to provide some suggestions and he would encourage the rest of the CC 02-02-09/62 ~ ~ Commission to do the same. He said, as the Mayor pointed out, there were a remarkable number of programs listed that we are providing, yet people ' do not know about them. He stated he did not view these as a revenue generator, but the programs.should support themselves. With the right forward motion and a marketing plan they can do that. Commissioner Holt said he concurs with what has been stated. He stated what Ms. Meli has put together was futuristic and what they should have been doing back when he was on the Parks and Recreation Advisory Board years ago. He said they have reached out to other entities such as Lyman High School and Longwood Elementary in the community. He applauded Ms. Meli and her staff for what they are doing. Mayor Sackett said this was wonderful and his children and grandchildren participate in the programs they do. He inquired when they say your people, who were they.. Ms. Meli said Chris Capizzi and the Parks. Division were the people being referred to. Mayor Sackett inquired if when they said marketing plan if she was the i tasking responsibility person for these. Ms. Meli responded in the affirmative and said she was pulling Mr. Capizzi into more of what. she does. Mayor Sackett said he would like to see on page seventeen under the marketing plan timeline that she has a tasking responsibility showing who is responsible. He stated he was encouraged by page riineteen where she has a marketing plan with a campaign overview. He said he sees that as .something the Commissioners would like to see prior to and following events. He stated this was well done. Commissioner Bundy said Ms. Mel hit on something right at the beginning of her presentation in that they have always strived on quality of events, not the number of people that attend. He stated they were doing a lot already in trying to get the word out. He said there were possibly some target areas on specific events where events like Celebrate the Seasons is for all groups and well attended due to the participants. He suggested there maybe opportunities for various organizations to place announcements on their electronic media. Ms. Meli said since she has been here the Commission has not played a role in what they charge and she does not know what their expectation is ~ on recovering the cost of running programs and events. She stated the athletic programs were all making revenue. They partner with other people acid cover our costs. She declared she would like direction on whether to CC 02-02-09/63 strive to cover the cost on everything or not to worry about recovering the • cost for children's programs. ~ i Mayor Sackett said this was a dialogue they could individually have with her. Commissioner Bundy said some of the things they can look at as revenue generators, but let's not lose site of the .fact that this is our job. People are paying taxes for us to provide these services. He stated to run. it in a business like manner, but we don't run it like a business. He affirmed we were •not interested in making profit and not to lose site that recreational programs and activities are equally important as a lot of the other things we do and were essential services. Commissioner Holt said he agreed, but there were expenses with the upkeep of property and these items could be discussed fiirther in Budget `Uorkshops. - Deputy Mayor Maingot said it was a good attempt and a marketing plan was only as good if put into practice. He stated they needed to quantify and as stated, there was a price attached to this. He said it was part of being a good City in providing levels of entertainment and activities for the citizens and not meant as a profit center. ,I C. The Recreation Division of the Community Services Department requests the City Commission discuss deferring the construction of the Futsal Court at Candyland Park. Mayor Sackett said this was an Agenda Item at a prior meeting. and had a price of $53,499. It has been brought up as a deferred item. Ms. Meli said the Commission had initially discussed to approve the Futsal Court and then unanimously agreed to not pursue this. She stated• Commissioner Bundy, for public. purposes, wanted it as an Agenda Item. She said she would like to make the Commission aware that they had made plans for tournaments, clinics, and summer camp when it was originally in their budget and it will change those programs. She explained they had converted a tennis cotu-t, which is not the correct size. They have moved it to the basketball court at Candyland Park that is used for both sports. She stated the Futsal Program. and Basketball Program were both growing. They close the basketball courts when Futsal is being played. She explained the tennis court at Reiter Park was not adequate for Futsal. She said they could continue sharing the court if that was the Commission's desire. Mayor Sackett inquired if sharing the court was doable, but not optimal. ' CC 02-02-09/64 Ms. Meli explained it would keep each sport from increasing. She said when they have a Futsal Tournament they have to cancel Basketball as well as being required to cancel Futsal when there is a Basketball Tournament. She stated it was a scheduling matter. Mayor .Sackett inquired if she would like to see the dollar amount put back as initially budgeted and have Futsal ready to go by spring. Ms. Meli affirmed she would like that, but she did not know what the budgetary constraints are with these projects. Mayor Sackett inquired if Basketball could be reworked anywhere within the City besides Candyland Park. Ms. Meli said they currently hold Basketball Clinics at Smallworld Park, but they could not hold tournaments there. Commissioner Holt said anytime you have a tournament there were - regulations that had to be met. He inquired if the nets and poles on the basketball cote is were in the way when playing Futsal. ~ Ms. Meli said they shorten the courts with the soccer goals so that the l basketball goals are not run into. Commissioner Holt inquired if we charge for Futsal and how long can we financially redeem ourselves. Ms. Meli indicated it would take some time. She stated our net revenues were not that. great. each year because we keep our costs down. The money they bring in covers the cost. of the t-shirts, coaching, and some money goes to the General Fund, but most of the funding goes to running the Program. Commissioner Durso said if there was a way to work it out with Lyman High School or a community partner to be able to run both programs at the same time; that is what we need to do. He stated he didn't think any of them were opposed to an infrastructure project like a Futsal Court as it contributes to the quality of life for the citizens participating. He said it . becomes a question of the right time and right place and they don't know the extent of the budget woes they will be facing. He reiterated he would like to see an agreement with Seminole County Public Schools. Deputy Mayor Maingot said he feels Ms. 1Vleli has enough creativity to be able to work through the immediate constraints they were being faced ~ with. He stated they could revisit this in the near future. Commissioner Bundy said it was on as an Agenda Item because the Attorney had determined it needed to be on since it was voted on and CC 02-02-09/65 approved. He stated at this time they don't know what the future holds for us. All of the news being reported is that the schools were going to be cutting out a lot of athletics and extracurricular activities. He said there was going to be an ever increasing need for these activities and it will behoove the City to help provide these: However; the schools will have the places and physical assets available. He stated we can help fill some of this void if they allow us to use their assets in. a more flexible manner. Commissioner Bundy moved to cancel the purchase order. Seconded by Deputy Mayor Maingot and carried by a four/one roll call vote with Commissioner Holt voting nay. D. The Finance Division of the Financial Services Department recommends the City Commission read by title only, set February 16, 2009 as a public hearing date and approve the first reading of Ordinance 09-1884 which amends the Fiscal Year 08/09 Budget. • Mr. Roper read Ordinance No. 09-1884 by title only. • Ms. Jackson said this budget amendment was for Mr. Drago's wages and benefits per his, Severance Agreement. Commissioner Bundy moved to approve Item 11 D. Seconded by ~ Commissioner Holt. Mr. Roper advised this was technically negotiated in 1998 by the City Commission and it was formalized by the Separation Agreement entered • into on December 1, 2008. Motion carried by a unanimous roll call vote. E. Mayor Sackett requests the City Commission discuss the sale of the City's Public Works Facility and give appropriate direction to staff. Mr. Roper said Kurt Ardaman was here. to discuss this matter. Mayor Sackett asked Mr. Ardarrian if he had reviewed the stages reviewed. in the Agenda Item. Kurt Ardaman. Esquire with Fshback Dominick, said he was familiar with where the negotiations started as of December. Mayor Sackett inquired if the impetus to most of this was a January 14tH letter from. Mr. George Lovett of the Florida Department of Transportation (FDOT) giving, the City a time certain for an answer. He said they were • finally~seeing numbers of $1:8 million for that. property. He stated he asked for direction as to where we could go and Mr. Ardaman represented us on the following day. He presented the munbers we were looking, for CC 02-02-09/66 and FDOT finally put an offer out there. He said they did not want to enter into anything where they would talk about nickels and dimes. The overall agenda goal is to get. this property transferred over to where it needs to be and the next step will be talking. about Public Works. Mr. Andaman advised the FDOT actually made their first offer of $2,050,000, although they had an appraisal of $1,819,600. He said they never actually offered the appraisal number to the City as consideration. He stated pursuant to the City Commission's direction at the last meeting, they did present the $2.400,000 ntunber plus some fees and costs. They responded with the $2,050,00.0. He said they were clearly beyond the date in Mr. Lovett's letter of January 14th where he wanted the City to enter into mediation where the range of values indicated in his letter would be between $1,819600 and $2,400,000.. He stated at this time it was in the City's court to respond to the $2,050,000 offer. Mayor Sackett inquired if he was meeting with Mr. Lovett or an Attorney. Mr: Andaman said they have aright-of--way agent, Mr. Steve Carlton, and he had discussions directly with Mr. Carlton. He stated they have asked repeatedly for copies of the Federal regulations Mr. Lovett cited in his i letter. He said they did finally receive some copies and they do not require what it appeared.Mr. Lovett was referring to in his letter. He stated once you get outside, of their appraisal number, there needs to be a good basis or justification for the number. Mayor Sackett said. their number of $1.8 million was a number they knew they were talking about with Mr. Lovett. When he last spoke with Mr. Lovett, he had indicated this number could be messaged and they could work with square footage to possibly increase it. He inquired what direction they should take since their offer was $2.4 million and the States was $2,050,000. Deputy Mayor Maingot inquired if the $50,000 was exclusive of the additional $50,000 for relocating. Mr. Andaman said the $2,050,000 they offered does not include any relocation expenses. So, to the extent, the City would be entitled to relocation benefits and reimbursement could be requested separately. He stated they have not evaluated that amount. Deputy Mayor Maingot inquired if there was anyway they would be able to quantify what the upgrade costs would be. He suggested,. if they could, ~ maybe they could accept, but that would also include their carrying the ~ cost of the upgrades which they have indicated. Commissioner Durso inquired at what point do they push too much and risk having people walk away. He said in some respect, Commissioner CC 02-02-09/67 Henley was also watching what we do and he is not going to hold up the . project. Mr. Andaman said this was a great question and stated he thinks they have one more shot. at this. He recommended going. back to them with a counter offer of $2.3 million. Commissioner Holt said he would hate to see our dreams not come true predicated on this station. He stated if Mr. Andaman could negotiate and help us out like Deputy Mayor Maingot said, regarding the upgrade costs. Commissioner Bundy said the question was when do they stop and not let ' the vision die. He stated hewould like to authorize Mr. Andaman to go to FDOT one more time, but they can't lose sight of the fact that if they don't sell this property to them, the State is going to lose. He said if the City gets the Station where they want it and the commercial development. gets kicked off like it will, in the long term the City benefits. Mayor Sackett summarized that the City wants Mr. Andaman to go back to FDOT and make an offer that is sensible. He said this has to happen to spur what is in this new Historic District Code Book. He stated it was a keystone to keep with the mission and vision they started when they brought in,ACi. - ; Mr. Andaman said the offer would come back to the City Commission for final approval. Commissioner Bundy suggested the Commission invite Orange Crown Holdings to come to the next Commission meeting to do a presentation and have the Administrator put together possible alternatives. F. Mayor Sackett recommends the City Commission discuss the eminent domain issue relative to the taking of private property by a governmental agency and give staff the direction deemed appropriate. Mr. Andaman reviewed the matrix showing the differences between the two draft Ordinances previously presented. He said the Commission received late, this afternoon a draft Ordinance that modifies the City's draft Ordinance and incorporates some provisions that makes this a smoother transition.. He suggested the Commission take some tune to review the proposed draft Ordinance and discuss it at a future meeting. He stated, the FDOT Ordinance creates an extension for them to operate within the City and gives them advantages at the citizen's and City's expense. He said the general idea was good, but they want the City to impose and. enforce the et~re. He stated. the Ordinance he crafted allows the City to consider those cure plans and evaluate whether a remaining property can function nicely and if needing to grant any waivers, places the power with the ~ Commission. CC 02-02-09/68 Mr. Roper suggested they review the matrix first, then review the. Ordinance, digest it and get back to Mr. Andaman. 12. CITY ATTORNEY'S REPORT. Mr. Roper said the Commission had requested a Consent Agenda Item regarding foreclosure cases in which the City is a named party. He stated he would have a summary of those cases so they can be addressed as a Consent Agenda Item at the next meeting. Mr. Roper reported there was a hearing scheduled on the City's motion to have Ms. Gamble examined. He will be sending the Commission a letter this week on the Runge Codes Enforcement Board case that is currently on appeal. He said he needed direction from the Commission regarding an issue that has come up recently regarding this case. He cannot give any additional information since the case is in litigation. If the Commission desires to discuss the case they will need to hold an Executive Session or the Commissioners can individually contact him with any questions they may have.. Mr. Roper reported the Bridle matter was still in litigation and has not been dismissed. He said he has had one-on-one discussions with the Commissioners regarding this case. Also, the Commission voted to take away a $200 fee or fine the Community Development Department had initially made on the. issuance of a driveway permit. At the end of the procedure, the City decided to do away with $200 of the original $300 fine, therefore reducing it to $100. He stated the original Building Permit Fee of $1.00 was paid very early on in the case. He affirmed not only did the City Commission give him clear indication and voted that the $200 was coming off the table, but. also all the liens or any fines accrued were also coming off the table. He pointed out that common sense and logic in looking at a situation that was originally $300, and the Codes Enforcement Board fines start totaling from the minute that isn't paid in full, then you have a changed circumstance. Naturally you have to take away those fines as well. He said the Commission needs to be aware that at the last Codes Enforcement Board meeting there were demands made by the Chair of the Codes Enforcement Board that the City Commission gives the Codes Enforcement Board an explanation as to why the $200 fee was removed. He declared the record. needed to be corrected based on comments heard under Public Participation. 13. CITY CLERK'S REPORT. Ms. Minus reported the. Children's Cabinet of Seminole County would like to do a presentation before the City Commission at their March 2, 2009 City Commission meeting. She said this was afollow-up visit so the City Commission remains aware of their efforts on behalf of the children in Seminole County. She stated if it was the pleasure of the Commission .she would schedule the presentation. i ~ Ms. Minis said she placed a Memorandum in the Commission mailboxes regarding the City Administrator search and selection update. She stated there was a date of March 9, 2009 for the selection of candidates to be vetted, scheduled and CC 02-02-09/69 ' interviewed. She requested direction from the Commission if they desired to schedule these interviews during the day or evening. Mayor Sackett said there were quite a few applicants and they haven't closed yet. Ms. Jackson advised there were 63 applicants. Mayor Sackett suggested putting it together and see what the availability of the applicants was. The Commission could work their schedules around this. Commissioner Bundy said the Range Riders were going to send back ten applicants and the Commission was to select five to bring in for interviews. He inquired if the list of applicants from the Range Riders was binding. Ms. Jackson responded in the negative. Ms. Mirus advised the the was complete for the Boards and requested direction from the Commission on how they desired to present these since the Board and Business Person of the Month Appreciation Dinner was taken out of the Budget. Mayor Sackett said he would, be willing to present the tiles prior to each Board meeting in May. 14. ADJOURN. Mayor Sackett adjourned the meeting at 11:45 p.m. rian D. Sackett, M or ATTEST: Sarah M. Mirus, CMC, MBA City Clerk CC 02-02-09/70