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CCMtg02-16-09Min LONGWOOD CITY COMMISSI®N Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida 1VIINUTES FEBRUARY 16, 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 Teresa S. Roper, City Attorney - Tom Jackson, Acting City Administrator Sarah M. Mirus, City Clerk David Dowda, Interim Police Chief Richard Kornbluh, Division Manager of Utilities Laurie Mooney, Fire Chief ~ Dawn Jackson, Personnel Manager ~ Katrina Powell, Interim Director of Financial Services 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 SILEN'T' MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcements: A. Senior Matinee. will be held on February 18, 2009 from 1:30 p.m. unti13:30 p.m., Longwood Community, Building, 200 West Warren Avenue. This month's feature is A Leagrce of Their Own. B. Florida Musia will be held on February 20, 2009' from 6:00 p.m. until 9:30 p.m., Longwood Community Building, 200 West Warren Avenue. - C. Movie in the Park will be held on February 20; 2009 beginning at 7:.00 p.m., Candyland Park, 599 Longdale ,Avenue. This month's feature is Open Season 2. CC 02-16-09/71 - D. A Blue Grass Pickin' will be held on February 21, 2009 from 7:00 p.m. unti110:00 p.m., Longwood Community Building, 200 West Warren ~ i Avenue. 4. RECOGNITIONS. A. District #3 Nomination of the Business Person of the Month Award for March 2009. Commissioner Holt nominated Ms. Donna Dishman, Owner of Donna's Barber Shop, 185 South Ronald Reagan Boulevard,. Suite 125, as the Business Person of the Month for March 2009. Nomination carried by a unanimous voice vote. B. Presentation of the Employee of the Year Awards. The Department Heads read a briefbiography on each of the recipients. The following employees were recognized and presented with the Employee of the Year Award from their respective Departments. City Hall Complex Janinna Jackson, Customer Service Representative Fire Department Max Chtiites; Fire Lieutenant Police Department Collins Gast, Administrative Secretary Public Works Juan Abreu, Property Maintenance Specialist I Mayor Sackett said a fifth category was added this year, Executive Staff. This recipient was selected by the Acting City Administrator: Mr. Jackson read a brief biography on the recipient for Executive Staff. The following employee was recognized and presented with the Employee of the Year Award. Financial Services Kathleen Dutcher, Accounting Manager Deputy Mayor Maingot presented the Annual Employee of the Year Award to: Fire Lieutenant Max Chuites. Photographs were then taken. C. Presentation of Service Pins to the City of Longwood Employees. Service pins were awarded to the following employees: Five (5) Years of Service: Juan Abreu Property~Maintenance Specialist I William Black Public Works Maintenance Specialist I •_.J Linda Goff Deputy City Clerk Marilyn Pardo Police Evidence Custodian CC 02-16-09/72 Paul Sizemore Community Services Director Ten (10) Years of Service: Karen Behling Buyer Jeff French Utilities Maintenance Specialist II Clint Gioielli Police Sergeant Fifteen (15) Years of Service: David Dowda Police Lieutenant (Interim Police. Chief) Charles Wyatt Utilities aVlaintenance Specialist II Twenty {20) Years of Service: Trisha Fuston Payroll Clerk Rob Ladoczky Police Oi=ficer David Martin Fire Lieutenant. James McKenna Police Sergeant John Palladino Utilities Maintenance Specialist II Michael Resnick Firefighter Lester Westfall Utilities Maintenance Specialist I Twenty Five (25) Years of Service: . Laurie Mooney Fire 'Chief ~ Thirty (30) Years of Service: Leonard Turner Fire Battalion Chief Thirty Five (35) Years of Service: Jack Wallace Utilities Maintenance Specialist II 5. BOARD APPOINTMENTS.. None. 6. PUBLIC INPUT. A. Presentations. Mr. Jeffrey Reine with Lynx would like to present the Commission with a proposal to install new shelters at the bus stops • located. on Highway 17-92. Mr. Jeffrey Reine, Capital Planner with Lynx,.-said they were currently working with Seminole County and the cities within the County along the 17-92 Corridor. He stated Longwood was Link 103 that starts at the Jai alai and goes to the Seminole Center by the Wal-Mart in Sanford. He advised they were working on partnerships to improve the bus stops along this Corridor to make them visually appealing to the riders and the community. He said there were ten stops in Longwood and six stops were. ~ ranked as priority-one to be considered :for immediate placement of shelters. He stated there were some areas in which they cannot place a shelter due to site limitation. He said there were a total of seven stops where shelters could be located in Longwood, and they budgeted for six. They have submitted .for stimulus fiends for additional shelters. He CC 02-16-09/73 reviewed a map of where the stops are located. He stated they were looking to redesign the shelters to make them more aesthetically pleasing. ~ He reviewed a slide of the shelter and said Winter Park had one installed by their Farmers Market. He said the bench would be dark in color, there would be a bar down the center and. there will not be a back to the bench. He stated, in regards to the partnership, Lynx will cover the full capital cost. of putting in the shelters and would like to partner with the City in terms of trash pickup. He said one of their limitations has been ongoing operation and maintenance. He advised the cost for pickup of trash works out to $3.70 a pickupif contracting it out to a private company. He stated this could be reduced if the municipality took care of this. The maximum cost would work out to approximately $2,200. He said the City of Longwood currently has a contract with the Jaycees. He said most places that have the ability to put in a shelter have room for an additional bench for advertising so they could continue with the Jaycees picking up the trash. He stated another option would be for the City to take over the trash. pickup: Mr. Reine said another matter that would affect the City of Longwood with respect to Lynx was that they are working on increasing their headways. He reviewed these increases and the funding. He said their bid changes for the drivers were usually three times a year. Starting with the Apri126th bid change, they will be instituting the Link 434. This Link is funded by a Service Development Grant with matching funds provided by the County. The operating hours will be from 5:3'0 a.m. to 9:30 p.m. Monday through Saturday with hourly service. Mr. Jackson suggested continuing with the .laycees contract by having the second bench, .and having them to continue with the trash collection. Deputy Mayor Maingot said the State Road 434 route was of great interest to the City, especially with the advent of the Commuter Rail. Mr. Reine said part of their service was to have feeder bus service to the Commuter Rails. He stated he can provide via e-mail a map showing the 434 route. He said it would continue from the Oviedo Market Place to the Publix at State Road 434 and Wekiva Springs Road. He stated there was some discussion regarding extension of the. route to UCF. Deputy Mayor Maingot said there were many factors involved and an entire .educational and marketing program needed to be done. He stated it was important to dovetail the. operation with the arrivals and departures of the Longwood Commuter Rail Station. He said having a dependable connecting service would be the key to it. He requested. they consider the schedule of departures. He stated they want the bus routes to be profitable. Commissioner-Durso inquired if there had been any research regarding `J putting in chicanes when doing~the construction on State Road 434. CC 02-16-09/74 ~-r 1VIr. Reine said in the City of Longwood there are four chicanes. He stated when they receive roadway plans; they ask for pull-outs in high ridership areas. He said an excellent area for one would be in front of the Hospital. Commissioner Durso inquired what the approximate stop times were. Mr. Reine said this information was sti l being worked on and he could provide it when it was available. Commissioner Holt said he was trying to read the construction;plans provided and inquired about the overall. size. Mr. Reine advised the shelter was 6'x 13' and the height was just less than 10 feet. He said there would be a pad poured, and anywhere that had grass between the sidewalk and curb would have concrete poured so it `is ADA accessible. Commissioner Holt inquired about the existing shelters. Mr. Reine advised they would be painted and relocated elsewhere in the system. Discussion was held regarding the scroll work on the back of the bus shelter-. Mr. Reine said this was a redesign of their 6'x 9' shelter and was an existing contract Lynx has. He~stated it avoids their having to go through the bid process again.. Commissioner Bundy said he has never been happy with what the Jaycees have done up until recently. He stated they are doing a better job of cleanup as it was a demand in their contract. He said he has not been pleased with how their benches look and they were going to put in place a more Longwood oriented design. Mr. Reine reviewed a photograph of the benches and said they have changed the slats and the base of the bench. Mayor Sackett said he did not see the ttivo benches blending. He stated they wanted this. so that the trash is picked up; but he did not want to see ugly benches placed there. ~ Commissioner Bundy said if they want to remain ot~r partner in the bus ~ benches, it was time they fulfilled the promise they made four years ago and upgrade them. n CC 02-16-09/75 Mr. Reine said he would be happy to follow up with the Jaycees regarding this matter and he would keep the Acting City Administrator informed. ~J B. Public Participation. None. 7. ACTING CITY ADMINISTRATOR'SREPQRT. Mr. Jackson reported that Mr.~ Sizemore had a matrix at the February 2nd meeting regarding the CBS Outdoor regarding their billboard. He has forwarded this to them and is awaiting their response. Mr. Jackson said during the last Commission Meeting Commissioner Durso brought up a question about modifying or creating some type of language that would allow the Clerk more control of her staff. He stated that he and the City Clerk reviewed the existing Personnel Policies and found that all of those issues have been addressed and were contained within the Personnel Policy. He met with her staff and clarified who they answer to, and this problem has been resolved without any further need of attention. Mr. Jackson reported there was a house at 248 Credo Street that was subject of a fire several months back. This has not been removed, destroyed, or cleared. He said Codes. Enforcement and Planning were working with the owner to either remove it at his cost or the City will do it and lien the property. He stated this should be resolved within the next month. He advised, additionally, there was a house located at 267 Longwood Street that has been sold and. is part of the transit redevelopment. He reported within the next couple of weeks the Fire Department will be actively training at this location. Mr. Jackson gave a summary regarding the Recovery Ordinance of vehicle crashes. He reported in nearly nine (9) months of our association with this company, the City has recovered $47,367 to place back in the General Fund. Mr. Jackson said he had three contracts from Seminole County Traffic Maintenance for the Commissions' consideration. E[e stated signature. of these contracts will initiate the action to turn the traffic signal maintenance of the City's four signals in the corridor on State Road 434 back to the County for maintenance. He affirmed the State provides maintenance funding for this, and it was a pass through cost that would be turned over to the County. He advised with this being initiated, the next step would be forwarding these to the County Commission for signature. He recommended upon the City Commission acceptance of this, that we notify the traffic control maintenance company of our intent to sever the relationship, as it requires a ninety (90) day notice. He stated at the previous Commission Meeting it was in the hands of the County being updated for the correct signatures and dates. Mr. Jackson said in November the Commission directed ACi to develop conversation and dialogue between Northland Church and the Sanford Orlando ~ Kennel Club. He stated Larry Adams has done this with positive results and they CC 02-16-09/76 were eager to bring forth positive communications between the two entities. He said there was a Continuing Service Agreement between the ,City and ACi regarding. this, and also the redesign of the Cit`j Hall Complex, pursuing whether or not it is viably commercial asset to the City to relocate. He said with the consensus of the Commission, he will direct Mr. Adams to move forward with this matter. It was the consensus of the City Commission to have ACi move forward with dialogue between Northland Church and the Sanford Orlando Kennel Club, as well as the matter of the City Hall Complex. Mr. Jackson said at the last Commission Meeting there was .some legal representation in the audience that had to sit through a lengthy meeting. He spoke with Ms. Minus and said perhaps. she could expound on this matter. He suggested changing the order of the Agenda Items by placing the Public Hearings following Items four or five. Ms. Minus said if the Commission. desires to re~-work the Agenda, she would suggest having the Public Hearing Items following the Recognitions. Mayor Sackett said the Attorney was here for three and a Half hours the last time. i Mr. Jackson said it was quite. expensive for him to sit there to talk for a short period of time. He stated it would cut down the wait time for anyone else doing business with the City that would bring in a Court Recorder or an Attorney on their behalf while the Commission goes through normal business. It was the consensus of the; Commission to change the order of the Public Hearings on the Agenda. 1VIs. Minis said that change would be brought forward in a Resolution. She would also like to propose bringing forward in this Resolution changing the specificity of the edition of Robert's Rules of Order being provided to the Commission to be a current edition. Mr: Jackson said Mr. Sizemore has requested the Commission have an .EAR 'based amendment Workshop, preferably before mid-March, so we can comply with the State mandate. It was the consensus of the Commission to hold the ~?Vorkshop on Tuesday, March 10; 2009 at 7:00 p.m. Mr. Jackson said he was provided some information today from the City Attorney regarding a Class Action Lawsuit that is attempted to be structured in Tampa ~ against municipalities for requiring Attorneys, individually and as Law Firms, to obtain dual Business Licenses if they intend to do business within the City. .Although the City of Longwood is not named, this is for informational purposes. CC 02-16-09/77 Mr. Jackson received a phone call over the weekend from Mr. Waggoner who , indicated he was -under the impression the Commission had given direction for the ~J j City Attorney's Office to contact his Attorney regarding a letter his. Attorney had sent to the City on notice of a lawsuit. He stated this came at the December 1, 2008" City Commission Meeting and was brought up by Commissioner Bundy, and'it was the. consensus of the Commission for the City Attorney to contact Mr. Waggoner's Attorney. He affirmed they have not heard anything. He requested direction regarding this matter. Ms. Roper said she was not aware of what he was referring to. Mayor Sackett said to review back to December 1St and take care of the matter. Mr. Jackson said March Sth at 9:00 a.m. the City would be hosting in the Longwood Community Building the first Seminole County Water Conservation Summit. He stated this would address some of the challenges we will•face. They have requested at least. one Elected Official, the Water Utilities Manager or his delegate, and a staff member that works with water conservation in planning and the creation of ordinances attend this meeting. Commissioner Dl~rso advised he has already sent an R.S.V.P. to attend this meeting. Commissioner Bundy said he would be in attendance. ~ Mr. Jackson said one of the new Public Works trucks was parked outside the door this evening.. He stated there had been some concern regarding recognizing City vehicles in the work area. He took the initiative to have the reflective striping placed and have it recognized as a City vehicle. 8. MAYOR AND COMMISSIONERS' REPORT. District #4. No report. District #5. Mayor Sackett said in speaking• with our Attorneys and the negotiation going on with the Florida Department of Transportation (FDOT), their negotiator and Steve Carlton had Friday off and they were not available today. He stated it looks like we are well within signing soon. He said in talking with Mr. Ardaman today, it looks like we will be at around $2.2 million. He stated they have asked for a presentation of what is next with Public Works and he requested the Acting City Administrator have this on the Agenda in ttivo weeks. He advised a parent signed him up for a meeting with Senator Martinez on Wednesday. He said to let him know of anything they may want him., to discuss. Mayor Sackett said they have had two funerals recently that he_attended, Senator Constantine's father, and a loeal.person. A few days later, he attended. Josephine Young's L04th birthday at Island Lake Center. He congratulated Ed Bookbinder for his weight loss of 60 pounds for the Relay for Life. He reported Winn Dixie `J has committed to and has been approved for a,$3 million renovation to their store. CC 02-16-09/78 District #1. Deputy Mayor Maingot suggested adding some oak trees to the Winn Dixie parking lot. He reported, at the Mayor's request, he participated in the Good Morning Seminole and it was very informative being focused on Commuter Rail. He said it was officially announced as SunRail and everyone. seemed to be focused and in support. District #2. No report. l District #3. Commissioner Holt said he had sent in an R.S.V.P. for a Progress Energy.Seminar on February 24,.2009. He received an Interoffice Memorandum referencing the Lawn Maintenance equipment and said he planned to do some more-research regarding this matter. He stated the Acting City Administrator did a .great job. on the vehicles. He said if a child was lost or wandering and saw this truck go by, there was some kind of relationship there that they could ask for help. 9. CONSENT AGENDA. A. Approve Minutes of the February 2, 2009 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated lbills for March 2009. C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for January 2009. D. The Police Department recommends the City Commission approve. a Change Order to increase Purchase Order # 013227 to Galls Incorporated by the. amount of $10,000.00' and authorize the Acting City Administrator to sign the purchase order. E. The Recreation Division of the Community Services Department recommends the City Commission reauthorize the construction of a Futsal Court at Candyland Park and delay the budgeted replacement of basketball court at. Sandalwood Park. F. Acting City Administrator recommends the City Commission approve a legal services agreement between Amy Goodblatt, P.A. and the City for legal services to the Codes Enforcement Board and authorize the Mayor to sign the contract. G. The City Attorney's Office recommends the City Commission review the case summaries of the foreclosed properfies located in the City of Longwood and give the direction deemed appropriate. ~ H. The City Attorney's Office recommends the City Commission ~ approve a Subordination of City Utility Interests Agreement between the City of Longwood and the. State, of Florida Department of Transportation for Parcel #104 located on State Road 434 regarding the case of State of Florida Department of Transportation vs. Julie CC 02-16-09/79 Deal, etc. et al, and authorize the Mayor to sign all documents. ~ . Commissioner Bundy moved to approve the Consent Agenda as submitted. Seconded by Commissioner Durso and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. The Community Development Division of the Community Services Department. recommends the City Commission read by title only and adopt Ordinance 08-1581 amending the Longwood Development Code as it relates to off site directional and real estate signs (LDCA 01-09). 1VIs. Roper announced having proof of publication for this and all public hearings onthe Agenda. She 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.. Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Bundy and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 08-1881, ~ I as presented, Item 10 A. Seconded by Commissioner Bundy and carried. by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends -the City Commission read by title. only and adopt. Ordinance 08-1883 to adopt a revised Historic District Codebook (LDCA 03-08). Ms. Roper read Ordinance No. 08-1883 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to-the Ordinance. Deputy Mayor Maingot-moved to close the public hearing. Seconded by Commissioner Bundy and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 08-1883, as presented, Item 10 B. Seconded by Commissioner Durso and carried by a unanimous roll call vote. C. The Finance Division of the Financial Services Department recommends the City Commission read ley title only, and adopt ``J Ordinance 09-1:884 which amends the Fiscal Year 08/09 Budget. CC 02-16=09/80 ~-r Ms. Roper read Ordinance No. 09-1884 by, title only. Mayor Sackett opened the public hearing. No one .spoke in favor or in opposition to the. Ordinance. Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Bundy and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 09-1884, as presented, Item 10 C. Seconded .by Commissioner Bundy. Deputy Mayor Maingot said when they hire a permanent City Administrator he would not wish to entertain a Severance Agreement that entertains six (6) months. He suggested it be reduced to three (3) months severance. Ms. Roper said she would check to see if there was anything specifying . whether they cannot do this. Commissioner Bundy said it was simply an employee contract and they ' should be able to make the terms whatever the new City Administrator agrees to. He stated the previous City Commission did not do them any great service in negotiating Mr. Drago's contract. He suggested the Commissioners formulate their thoughts regarding the interview process and forward to the City Attorney items they would like to see in the new contract. Mayor Sackett suggested the City Attorney present to the Commission what other contracts may look like and the Commission addendum them. Motion carried by a unanimous roll call'vote. 11. REGULAR BUSINESS. A. Acting City Administrator recommends the City Commission read by title only, set March 2, 2009 as a public hearing date, and approve the first reading-of Ordinance 09-1886 which creates a "Water Conservation Ordinance." Ms. Roper read Ordinance No. 09-1886 by title-only. Commissioner Bundy moved to approve Ordinance No. 09-1886 and set March 2,.2009 as the public hearing date. Seconded by Deputy Mayor Maingot. Deputy Mayor Maingot said this Water Conservation Ordinance; to the best of his recollection, has already been enacted in Seminole County over the last five years. He stated he read this through and it is the same as what CC 02-16-09/81 is enacted in the County and covers all aspects. He said the only area hard to pin down was that. no more- than 3/4 of an inch of water may be applied per irrigation zone. Mayor Sackett inquired who would be enforcing this Ordinance. Mr. Jackson advised it would be Codes Enforcement. He said he spoke with Nancy Christman of St. John's Water Management District today, and she suggested striking Section 90-189 from the Ordinance. Also, the, date of the enactment of the Ordinance needs to be after March 8, 2009. He stated the next Commission 1Vleeting is March 2°d, so the actual date of codification needs to be Nlarcli 9, 2009. Ms. Roper advised they could make. a motion to amend and it would not be there when it comes back for publio hearing. Commissioner Bundy moved to amend the Ordinance as suggested by the Acting City Administrator. Seconded by Deputy Mayor Maingot and carried by a unanimous .roll call vote. Main motion carried, as amended, carried by a unanimous roll call vote. B. Commissioner Mike Holt. requests the City Commission listen to the ~ audio recordings from the. November 25, 2008 Codes Enforcement Board Meeting regarding the John, Linda and Roger'Runge matter and the. January 27, 2009 Codes Enforcement Board Meeting as it relates to the December 15, 2008 City Commission Meeting concerning the action taken by the Codes Enforcement Board in the Michelle Bridle matter. Commissioner Holt recognized the electronic mail from the City Attorney's Office in light of the above pending appeal and litigation that this matter .should not be discussed by the. City Commission at any public forum. He .said this was under the Runge. situation and it will have to be stricken. He acknowledged Ms. Amy Goodblatt for being in attendance. He stated apparently in the Bridle matter there was some miscommunication between the Commission, City Attorney, and the Codes. Enforcement Board Attorney. He said it was his opinion that it was not this Commission's place to go to any Board .and explain themselves. He asked Ms. Goodblatt where she saw flaws in what they were doing. He stated the City had representation at the Codes Enforcement Board .Meeting. Amy Goodblatt, Codes Enforcement Board Attorney, said this was a unique situation. She said in the fifteen (15) years she has represented the ~ Codes Enforcement Board in Longwood, she cannot remember a situation where something went to the City Commission for a ruling:. or a definition CC 02-1b-09/82 to come back to waive a penalty. She stated at the Codes Enforcement ~ Board Hearing everyone thought it was,a done deal.. The respondent's Attorney assumed he had a deal with the City Attorney that all of the fines were going to be waived and it was a pro forma matter. She said Donavan Roper called her office that afternoon and Chris Hill had said this had all been agreed upon, the penalty has been waived and a settlement had been reached. She advised at the Codes Enforcement Board Meeting an agreement had been reached, and everyone assumed this was going to be a pro.forma matter. She said in reflecting what happened at the Codes Enforcement Board Meeting and where some of the flaws might be, approximately half of the Board Members were not sitting on the Codes Enforcement Board` when the initial decisions in this case were made. It was communicated to the Board that an.agreement was reached where $21,000 in fines were waived and the issue became why they were waiving that amount. She stated if she could redo what happened, she probably would have suggested that in presenting the request, the City come forward and make a presentation and give an explanation. She affirmed she was forced to step into that~role and she had only read the minutes of the meeting and had a brief conversation with the City Attorney. She said there wasn't any malice intended. This was a situation where. it started to snowball because three of the six people were hearing . ~ for the first. time that the Codes Enforcement Board was being told, more ~ than being asked, to waive $21,0.00 in fines. She stated, in actuality, she knows that is not what happened, but it appeared as though she was promoting an agenda for the City Commission, as opposed to the City Attorney, explaining why the agreement was reached, She said the facts weren't there. and everyone was trying: to figure out why this happened. Commissioner Holt said in having stated that, in order to fix that flaw, would it be helpful if the City Attorney and Ms. Goodblatt be notified. He stated this information could have been relayed to her and the matter could have been discussed since it was- going to be brought before the Codes Enforcement Board. Ms. Goodblatt said .it would have been helpful for the. City Attorney to have made a presentation.~She confirmed the Codes Enforcement Board sits as a judge in these cases and some of the commtulication broke down.. She stated no one knew what they were waiving or why. Commissioner Holt reiterated that the information could have been shared from one Attorney to another. He said he was trying to come up with a way that this will never happen again.l=[e stated at one time the Board Members went to an educational semin~~r. He .said, as Ms. Goodblatt ~ pointed out, there are new Board Members and it is a quasi judicial system ~ and important for the Members to know what their function is and that they are liable. He inquired if Ms. Goodblatt and the Commission would be comfortable with having someone set up an educational seminar for the Codes Enforcement Board Members. CC 02-16-09/83 Commissioner Bundy said it was not necessary to set up a seminar to talk about the operation of the Codes Enforcement Board. He stated Ms. ~i ~ Goodblatt knows more about the operations of the Codes Enforcement Board than anyone they could possibly bring in. He said it should be up to the Codes Enforcement Board to hold a Work Session and Ms. Goodblatt prepare something for the Members. Ms. Goodblatt said she has taken some steps. She stated they have a new Chair after having had the same Chair for a long time that ran a fine Codes Enforcement Board Meeting. She said it was not an easy task, as 90% of the people come before them unrepresented and don't understand. She has provided information on steps to run a Codes Enforcement Board meeting. She stated she would be happy to sit down prior to a meeting, starting an hour early, or spend some time running through the proper operation of a Codes Enforcement Board Meeting. Commissioner Holt said if Ms. Goodblatt could put something together to help .the Board and make the flow a little easier. He inquired how they came up with a number from 0-500 according to Florida Staturtes on a day- to-day fine. Ms. Goodblatt said the Florida Statutes enumerates the criteria to look at when determining what a fine would be. She stated an offender had to be ~ given a certain amount of time to come into compliance on a first offense ~ and then the amount of the fine is supposed to bear some relationship to the gravity of the offense, the factors involved. She advised the City actually makes a recommendation. At the conclusion of the City presenting the case, the City makes a recommendation of what they would like to see as a potential penalty. She said the Codes Enforcement Board was not bound to accept that. They hear the respondent's presentation and make a determination. She advised there was a limit, up to $250 a day maximum on a first offense, a maximum of $500 per day on a repeat violator. She stated the Board looks to the City for guidance when they present the evidence. Commissioner Holt said with citations such as parking tickets, you know what you are being faced with in regards to the fine. He suggested a line item that the Codes Enforcement Board can go by. Ms. Goodblatt said it was the responsibilities of the City to present how many times they have been out to the property and persuade the Board; just like the respondent is suppose to persuade the Board not to fine them. She stated he was also talking about a citation system. She said the Florida Stahites empowers the City to implement a citation system. If the City ~ chooses to do that, this is something that could be implemented without a , Codes Enforcement Board Hearing for some of these routine offenses. ~ ; CC 02-16-09/84 Commissioner Bundy said he had conversations with the Acting City Administrator recently about implementing a citation system. He suggested the Acting City Administrator place this on the Agenda for a future meeting when he has the details. done. Mr. Jackson said they took one step towards that tonight. with the Water Conservation Ordinance. As they move forward with this idea, each particular grouping of violations will need to be addressed with a structured citation system that would need to be adopted by the Commission. Commissioner Durso said the Codes Enforcement Officers do a tremendous job in keeping people from getting to the Codes Enforcement Board. He stated it was important to remember a lot of the people who make it to the Board are the biggest offenders. He agreed with Commissioner Holt that the system should not be as arbitrary. C. The Recreation Manager of the Community Services Department requests the City Commission review the Longwood Farmers Market Project and provide staff the direction deemed appropriate. ' Ms. Meli said they were ,five months into the Farmers Market and were committed through the end of March. She stated the Commission ' approved moving. forward with the Farmers Market on August 18, 2008. October 4~ was the first Market. day and they have been in operation for eighteen weeks with two weeks off. She reviewed the number and type of vendors each week. The months of December and January were bad months and in checking with the other Markets; everyone was having, the same problem. She reported this past weekend they had an increase in vendors. She stated they have several new vendors starting this weekend. She advised there were two vendors that used electricity and they do pay an additional fee for the use of electricity. She reviewed photographs of the vendors and their products. She reviewed the. start-up costs for the Farmers Market. They did purchase garbage cans for the Market that they store when not in use. She reviewed the weekly costs to include paying the Market~Manager $120 a week. The total weekly cost is $216.75. She said there were some issues with parking at the Hotel and they hired a Police Officer for two weekends to resolve this issue. She reported that through last Saturday they have brought in $4,954.51 in revenues. The average weekly revenue is $275.25 and. this varies based on the number of vendors. She advised they need eleven vendors each week to cover the weekend costs. She stated "the total revenue over the weekly costs for the past 18 weeks is $1,052.97. This amount is being applied toward the start- up costs. Commissioner Bundy inquired who collected the money. CC 02-16-09/85 Ms. Meli said they have tried to have the vendors pay directly to Mr. Chris Capizzi in their office. The Market Manager also collects money and she , keeps receipts. She advised they have. a check and balance in place and they have not had a problem with that. She stated getting the vendors to pay directly to them has been one of the biggest issues. She reviewed the revenues versus the cost. She said if they operate through May, and .continued to make the current average amount; it would take another nine month period to payoff the debt. She stated if they can increase their revenues, the payoff will be much quicker. She reviewed the methods used. in advertising the Farmers Market.. She recommended operating the Farmers Market through the end of May. They would like to feature a local business one weekend a month. She said they would like to highlight an artist one weekend a month and provide. an update to the Commission in June if they go past the end of March. Deputy Mayor Maingot said they needed to do something different to bring the existence of the Farmers Market. home. to the people that have the greatest potential to visit and make purchases at the Market. He stated the most effective way to do this would be to produce a yard sign and place them at entrances to the major subdivisions throughout the City. He said Commissioner Holt suggested an across the street banner, but they were costly to produce. He said the banners that were up have been there for some time and people,no longer register that they are there. ' Mayor Sackett said it was mentioned placing, a banner across State Road 434. He asked Mr. Jackson if this was something. they couldn't do. He stated there were banners placed across 436 at Cranes Roost at times. He said if they can't do that, then they need to do sandwich type signs near the Market. Mr. Jackson said it was difficult to be able to place a banner across the road. Commissioner Bundy suggested the long.. vertical banners be used in the immediate vicinity. He said if they place the yard signs out, they would be promoting one level of business over another since they do not allow other businesses to place yard signs. Mayor Sackett agreed to the vertical flat banners and said we needed something right out on the front sidewalk. Commissioner Bundy suggested they could also. change the location of the signs and this would make them more noticeable. He suggested placing one of the signs out on .Highway 17-92. Commissioner Holt said. when he spoke of banners; he did not mention ~ stringing, them across the highway. He was envisioning a banner that was CC 02-16-09/86 i, two to three feet wide and eight feet long. on the same side of the road of ~ the Farmers Market so it is noticed when driving. by. Mr. Jackson said they could probably be creative in advertising this if they give the Farmers Market a Tittle more life and run it through May. Commissioner Holt. inquired if the visitors that come have been asked how they knew about the Market. Ms. Meli responded in the negative. Commissioner Holt suggested they do something like that and ask how they got there and what they would like to see. He said this past weekend was phenomenal and he was very impressed. It was the consensus of the Commission to continue the Farmers Market through May. Commissioner Bundy suggested they set some criteria regarding featuring a local Business each month. He said it could be tied in with the Business Person of the Month. D, Acting City Administrator recommends the City Commission. hear a ~ presentation relative to the develop~~ent of a new city website and if in agreement approve a contract with (QScend Technologies, Inc. and authorize the Mayor to sign the appropriate documents. Mr. Jackson said the Commission was briefed on February 2"d regarding the City's website having been hacked into. He stated they were taking appropriate measures to investigate this matter through multiple jurisdictions. The idea was brought forth to elevate from aself--serve type of website to one hosted by a professional company. He said they were prepared to provide an overview of this tonight. He stated if the Commission was comfortable with the fact the City needs to move in that direction, there has been a certain dollar figure quoted. He advised Mr. Spinella has been on the phone with people and through innovative negotiations we are down below the $20,000 mark. He .stated they have discussed reoccurring costs and the company they were talking about, QScend, fits the City's needs. He said they could move forward with the . presentation, or if the City Commission desires, they can expound on what they discussed at the. last meeting. Mayor Sacketf inquired where QScend Technologies was from, how active, and how big they were. Mr. Spinella said they were out of Connecticut, they have been around for thirteen (13) years, and they have two hundred (200)' local government CC 02-16-09/87 clients. He stated the Memorandum from Mr. Dunn had all of the information regarding the three companies. Mayor Sackett inquired about how QScend Technologies would help the City. ' Mr. Spinella said they were the lowest bidder and they specialize in local government. He stated they have spent several years designing software through Microsoft products to create a content. management system that is specifically designed for city government. The software we are currently using is open source. QScend Technologies software is proprietary and. . based off of Microsoft products. He said the coding that makes up the product is not open for anyone. to see; and. it is copyrighted. Mayor Sackett inquired how accessible they were and how much training would be required. Mr. Spinella said in QScend Technologies proposal, they would come here for a day of on-sight training. Part of the ongoing cost includes twenty - four (24) hour support and service. He advised they also have an online training component that may have a .set number of hours. Commissioner Bundy said Mr. Spinella and Mr. Dunn have put together this information in a short period of time. He stated he felt comfortable ~j i with moving forward. He declared the City just wasted four years with the open source software and a tremendous amount of tune spent on damage control. I Deputy Mayor Maingot inquired if this company had any Florida cities as I clients. Mr. Spinella said they had about four or five cities in the State of Florida, Palm Beach Gardens being one. Commissioner Bundy moved to approve Item 11 D. Seconded by Deputy Mayor Maingot. .Commissioner Durso said he went on the website and they have reputable cities as clients. He stated he was confident with staffls recommendation. Motion carried by a unanimous.roll call vote. 12. CITY ATTORNEY'S REPORT. Ms. Roper reported she had completed the Ordinance regarding removal ofBoard Members for excessive absences and asked that it be disseminated among the Commission Members. She said she has .not heard anything regarding this matter. ~i Ms: Minis affirmed it was disseminated January 21, 2009. CC 02-16-09/88 Ms. Roper said. she would like to address the issue with the Codes Enforcement Board and. the Bridle situation. She stated the reason there was not a presentation made that evening was because it was still in suit. They were waiting, for a dismissal from Ms. Bridle and Mr. Towers, which did not happen until February . 10, 2009: She advised at the time when the City Attorney representative was being asked what was the Commission's thinking in doing this, she was not at liberty to tell anything for fear of violating Attorney/Client Privilege. She affirmed there usually is a presentation given between the Codes Officers .and the Attorney will state why. In this situation; she was not at liberty to uo that. However, she probably should-have explained that better than she did. She said once the fee was waived by the Commission, there essentially were no penalties. Ms. Roper said they have researched the matter regarding Mr. Waggoner and she will be providing a Memorandum to the Commission regarding what contacts have been made, and why specifically this is not advisable. The Commission can provide direction regarding this matter at the next meeting.. Deputy Mayor Maingot inquired about what. was happening with Mary Gamble. Ms. Roper said this could not be discussed and they could contact Mr. Roper regarding the matter. y,,. 13. CITY CLERK'S REPORT. Ms. Minis reported the Ethics.Committee was ~ unable to meet due to a lack of quonim. They will be meeting in March. Commissioner Bundy said the directive was to issue a report to the Commission in January. He stated given some of the delay with Board Members they are willing to provide some flexibility. However, since it seems to be the trade mark that people want explanations from the Commission, they need to send a message to them that. this is not an ongoing Committee. It has a specific beginning and end and they need to proceed to wrap things up. Ms. Mires said at the last meeting they held, the Members were supposed to submit a draft Code of Ethics by Febnlary 2na to be included in the Agenda Packet for the February 12th meeting. She advised that we only received one draft Code of Ethics. Commissioner Durso requested that the Attorney review the draft from the Ethics Committee. He said there were some issues in what he read and would request the Attorney review these prior to coming to the Commission. Ms. Mires reported a copy of the Bridle dismissal was in the Commission mailboxes. CC 02-16-09/89 14. ADJOURN. Mayor Sackett adjourned the meeti at 9:50 p.m. ~I Brian D. Sackett, M or ATTE ' Sarah M. Mi~-us, CMC,'MBA City Clerk j ~I CC 02-16-09/90