CCMtg05-18-09Min LONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood„ Florida
MINUTES
MAY 18, 2009
7:00 P'.M.
Present: Mayor H.G. "Butch" Bundy
Deputy Mayor John C. Main~;ot
Commissioner Joe Durso
Commissioner Mike Holt
Commissioner Brian Sackett
Donovan A. Roper,. Acting Ciity Attorney
Tom Jackson, Acting City Administrator
Linda F. Goff, Recording Secretary
Commander Russ Cohen, Inti;rim Director of Community Services
David Dowda, Interim Police Chief
Katrina Powell, Interim Director of Financial Services
~ Battalion Chief Richard Usher, Fire Department
~ Ryan Spinella, Executive Assi,~tant
Absent: Sarah M. Mirus, City Clerk (l~xcused)
1. CALL TO ORDER. Mayor Bundy called the meeting to order at 7:00 p.m.
2. A moment of SILENT MEDITATIO:~v was followed by the PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENT~~. Ms. Goff read the following
announcement:
A. Senior Matinee will be held on Wednesday, May Z0, 2009 from 1:30
p.m. unti13:30 p.m., Longwood Community Building, 200 West
Warren Avenue. This month': feature is The Last of the Mohicans.
4. RECOGNITIONS.
A. Recognizing Commissioner Brian D. ,Sackett for his dedicated service
to the City as Mayor, May 20(18 to May 2009.
Mayor Bundy recognized Commissioner Sackett for his service to the City
I as Mayor, May 2008 to May 2009. He then presented him with a plaque.
B. District#1 Nomination of the :Business Person of the Month Award
for June 2009.
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Deputy Mayor Maingot nominated Marc McLarnon, President and Owner
of Audina Hearing Instruments, 165 East Wildmere,Avenue, for the
Business Person of the Month Award for June 2009. Nomination carried ~
by a unanimous voice vote.
5. BOARD APPOINTMENTS.
A. District #3 Nomination to the Parks and Recreation Advisory
Committee.
Commissioner Holt nominated Shawn Anastasia to the Parks and
Recreation Advisory Board. Nomination carried by a unanimous voice
vote.
B. Commission nomination ofa resident to the Board of Trustees forthe
Police Officers' and Firefighters' Pension Trust Fund.
Deferred to the June 1, 2009 Regular Commission Meeting.
6. PUBLIC INPUT.
A. Public Participation.
Ms. R. Lynne Taylor, 865 South Ronald Reagan Boulevard, said she was
representing the Lyman High School Chorus. She stated the Lyman High i
School Choral. Boosters Committee Held a fund raising event yesterday at ~
the Longwood Community Building. She said the money they raise in
their fund raisers is the only funding they receive. She advised that most. of
their funding goes towards their transportation needs. She. stated they were
very fortunate to have handicapped students that participate in the chorus,
but this makes their transportation cosfs double since they have to get a
handicap bus. She affirmed that mid-week, last week, one of the choral
booster parents wondered if they could possibly have obtained the use of
the Building at a reduced rate since it was a fund raiser for Lyman High
School. She said at the time they booked and paid. for the use of the
Building she was unaware of the close relationship that exists between the
City of Longwood and Lyman High School. She requested waiving the
amount paid.
Commissioner Sackett said he received a call and his understanding was
that they paid a security deposit, booked the room for seven hours and
paid the maintenance fee. He said they were looking at these fees on a
fund raiser-where they feel strapped for cash. He stated they have to take
two buses because of the requirement of the handicapped bus. He said he
wished they knew about this in advance, but understanding, they rented the
Building through a Longwood parent and received the community rate, he
would seek from her what amount theywere asking,to be forgiven. He
stated maybe the $200 fee, but he did not feel they could waive a fee. He
suggested they could refund a certain amount. `J
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Commissioner Sackett moved to help them offset some of the costs
to forgive the $200. Seconded by Commissioner Holt.
Deputy Mayor Maingot asked Commissioner Sackett to amend his motion
to $300 as they paid over $500. He said this was the City's High School
and we have a close working rf,lationship with them.
Commissioner Holt said the $2.00 deposit goes back to them. He stated out
of pocket would be the $175 rental fee and $200 was the cleaning fee.
Mayor Bundy said the cleaning.. fee was a direct pass through cost to cover
what the City pays. He suggested waiving all but the cleaning fee.
Commissioner Sackett ,mended his motion to reduce the fees to all
but the $200 cleaning ff;e. Seconded by Deputy Mayor Maingot.
Commissioner Holt said he wanted it to be: clear that the City does not set.
precedence, and the group needs to come forward prior to the rental and
not just an individual.
Motion carried as amended by a unanimous roll call vote.
Jared Stout, 401 West Seminole Boulevard,. Suite #22'5, representing State
Representative Scott Plakon's Office. He said Representative Plakon
would be here himself, but he was called away for business. He stated. he
was here to inform the Commission about a situation involving some of
their constituents and residents in Seminole County. He said the State
Department of Health was currently proposing a rule, under their rule
making authority as designated in the Wekiva Parkway and Protection
Act, to require residents within the Wekiva Shidy area to buy a new
performance based septic treatment system. The Department of Health
commissioned a one year, $800,000 study which began in Febniary 2009
to determine the efficacy of the, tertiary and groLUld waste water treatment
systems to replace existing sep~~:ic systems. He declared, however, the
Department of Health wants to begin Wile making without the science.
This Wile would require the replacement of septic systems with these
tertiary performance based sysi:ems upon the sale of home or for new
system modifications and repairs. He stated these systems cost, in many
cases, $10,000 to $20;000 and :require aeration, electricity, and monthly
maintenance by approved providers. He said he was here on behalf of
Representative Plakon to ask the Commission to support language in the
current General Appropriation:; Act (G.A.A.) that was submitted by the
_ Legislature to the Governor last Friday. Included in the. G.A.A. is proviso
~ language attached to line item 13pecific.Appropriation 471 that requires the
study to be completed and the outcome reported to the Florida Legislature
prior to any rule making. He st,~ted the Department of Health was
suggesting very high standards, which are the same standards used for
reclaimed water by municipal wastewater treatment facilities to irrigate
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common areas and golf courses. He said the bottom line is that the
Department of Health has not completed the scientific studies that they
should complete prior to rule implementation, and are choosing to proceed
anyway. He stated he had copies of two resolutions recently passed
unanunously by the Orange County Commission and the Seminole County
Board of County Commissioners urging Governor. Crist to support the
proviso language included in line item 471. He said Representative
Plakon would also encourage Longwood's Commission to present a
resolution to the Governor in the same affect.
Commissioner Durso said he knew the systems they want to put in area
expensive and he inquired if there has been any movement on the
Department~of Community Affairs grant money. or some kind of stipend
for individuals.
Mr. Stout said as far as he knows there has. been no movement on that
front. He stated we were in a very serious budget situation and this is one
of those situations where it did not seem likely there would be any grants.
He said there were thousands upon thousands of residents in the Wekiva
Study area that should they enter into any kind of real estate transaction.
would have to get. these systems replaced.
Deputy Mayor Maingot suggested Mr. Stout provide copies of the j
resolutions in effect to the Commission. He said Mr. Stout had prepared a ~.J
sample resolution for Longwood and had him.hand it out.
Mayor Bundy inquired if this was time sensitive. He said their next
Commission Meeting was not until June 1St
Mr. Stout responded in the affirmative. He said the Governor was.
presented with the G.A.A. on Friday and the law says that he has to aet
upon it within fourteen days.
Mayor Bundy inquired if they could act upon this since it was time
sensitive and not requiring expenditure of any funds.
Deputy Mayor Maingot moved to support the request and have the
Mayor sign on behalf of the City of Longwood the Resolution that
has been presented this evening. ;Seconded by Commissioner Holt
and carried by a unanimous roll call vote.
Mayor Bundy said this would be processed and sent to the Governor as
soon as possible.
JoAnne Rebello, 301. Loch Lomond Avenue, said she would like to speak
to the fact that there appears that there were public officials in the
Chambers that have little regard for the opinions of the citizens of
Longwood. She stated that having attended Commission meetings for over
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~ fifteen years, she probably has attended more than anyone sitting on the
dais, except for the Chief. She said there have been good decisions, as well
as bad decisions made during i:hose years by the various Commissions.
She has voiced her concerns ir.~ those years when she believed a wrong
decision was being made or championed decisions when she believed they
were in the best interest of the City and the tax payers. She said that her
speaking out now was not unique to this Commission and she believes as
one of the tax payers, as one of the citizens of this City, she has the right
to question their decisions and policies as they, in turn, affect her and
every other tax payer in Longwood. She stated on May 1 l~' Commissioner
Durso made several statement:; that disappointed her. She declared that he
spoke down to those in attendance at that Meeting and the distain in his
voice and body language showed towards the citizens that do care about
this City and want to observe and/or participate in our City's government
was very disappointing to her. She said his further comments gave the
impression that he was the only one in the room that knew anything. She
affirmed that although he is eni:itled to his opinion, so are all others in the
room and they should be able t~~ voice it without recrimination. She stated
that after that Meeting, the pros;ess for interviews was changed. There
were to be no group interviews, as was the policy previously. She declared
the roll of City Administrator i:> an extremely important one and she
wanted to hear how the prosper;tive candidates answered questions under
~ fire in order to form her own pf;rsonal opinion on the quality of the
• candidates. She said believing that she may attend under the StmShine
Law, she requested the times acid where the interviews were to be held
_ through the City Clerk and said that she planned to attend. She stated the
request was then forwarded to the City Attorney who responded, in her
opinion, in a very unprofession:~l manner. She declared there was no need
to state in bold and Lmderlined 1:ext that she demanded and mandated to
attend those interviews. She said she did neither. She stated she did not
agree with some of his interprei:ations of the Law, our Charter, or our
Ordinances and she has the right to disagree with him. She said she did not
believe she has to be subjected to the demeanor he has shown toward her
and other citizens who have voiced opinions in the past. She stated, as
public officials, they should all aspire to be an example to others and hold
themselves to a higher standard than those observing them.
Dan McCoy, 137 East Maine Avenue, said he was speaking as a confiised,
worried and concerned resident of Longwood. He stated he was confused
about why we were about to appoint Ms. Powell to be our new City
Administrator, worried about where this might lead us, and concerned
about how we get to this point.:Ke said much has been said about how the
Charter may have been violated and much has been said about Ms.
~ Powell's qualifications. He statf;d he would like to bring a few more items
~ to light that should have a bearing as to what happens next. Before Mr.
Drago left, a position was posted for which the City received over 80
applications. He said negotiatio:as began with our first choice,. but
unfortunately, they failed. Then the Range Riders came before the
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Commission to present the second ten candidates and at that time the
Commission told them they wanted to add the Mangers in Transition and ~J `
Ms: Powell to that list. He inquired what about the other sixty candidates
and asked if they expect them to believe no other qualified candidates
could be found in the rest of that group. He said the Commission took it
down to three and came up with Ms. Powell as their selection. He declared
he did not know why the majority of this Commission was set on hiring
Ms. Powell. He stated he did not know Ms. Powell and was sure she was a
nice person. However, a few things concern him in regards of her being in
charge of this City. He said an article written by Ms. Powell titled "Life as
a Member in Transition" Ms, Powell makes a statement of "no longer do I
believe hard work and being ethical keeps you employed." He inquired
what does that tell you what she might do to keep her j ob here in
Longwood.
Mayor Bundy told Mr. McCoy if he was going to make disparaging
statements about anyone, he would caution him that is not to be allowed in
the Commission Chambers. He said Mr. McCoy was extrapolating from
• an article taken out of context in a magazine.
Commissioner Durso said to read the whole article.
Mr. McCoy said he could see his opinion as a citizen does not want to be '
heard so he would finish. He said he was leaving then to go home. ~
7. CONSENT AGENDA.
A. Approve Minutes of the May 4, 2009 Regular Meeting.
B. Finance Division of the Financial Services Department recommends
payment of approved and estimated bills for June 2009.
C. Finance Division of the Financial Services Department recommends
approval of the Monthly Financial Report for Apri12009.
Deputy Mayor Maingot moved to approve the Consent Agenda as
submitted. Seconded by Commissioner Durso and carried by a
unanimous roll call vote.
8. PUBLIC HEARINGS.
A. Acting City Administrator recommends the City Commission read by
title only and adopt Ordinance No. 09-1891 amending Article IX of .
the Longwood Development Code relative to the taking of private
property by a governmental agency.
Mr. Roper announced having proof of publication. He then read Ordinance
No. 09-1891 by title only.
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~ Mayor Bundy said if there wa:; no one to speak on the Ordinance, they
~ would treat it as a regular Public. Hearing rather°than quasi judicial.
I
Mayor Bundy 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.
Commissioner Holt maved,to adopt Ordinance No. 09-1891, as
presented, Item 8 A. Seconded by Deputy Mayor Maingot.
Deputy Mayor Maingot said dtuing the course of these hearings, they have
made some amendments. He ir.+.quired if Mr. Andaman was satisfied that
all the necessary safeguards he wanted to see were in this document
without. reservations.
Mr. Kurt Andaman, Attorney from Fishback Dominick and represents the
City of Longwood with respect to the eminent. domain issues, responded in
the affirmative. He said this was probably the best Ordinance he has seen
in the State. He stated there was coverage for both the condemning
authority and property owners, notice between the. property owner and
condemning authority. He said the City and City Commission has control
to make whatever developments that come before them, that has been
impacted by a taking, to be by their approval. He declared the Florida
Department of Transportation made some good suggestions and they have
a good Ordinance. .
Motion carried by a unanimous roll call vote.
Mayor Bundy said they have representatives from Seminole County, and
he would like to move Item 9 C out of order.
9. REGULAR BUSINESS.
A. Financial Services Department requests the City Commission read by
title only and approve Resolution No. 09-1214 Adopting an Identity
Theft Detection Program and approve the "Red Flag Ruling" policy
required by the Fair & Accurate Credit Transactions Act of 2003 that
was amended in November 2007.
Mr. Roper read Resolution No. 09-12'.14 by title only.
Commissioner Holt moved to approve Resolution No. 09-1214, as
presented, Regular Business Item 9 A. Seconded by Commissioner
Durso and carried by a unanimous roll call vote.
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B. The City Clerk recommends the City Commission read by title only
and adopt Resolution No. D9-1215, which designates a depository, ~
designates authorized signers and facsimile signatures for the City.
Mr. Roper read Resolution No. 09-1215 by title only.
Commissioner Holt moved to adopt. Resolution No. 09-1215, as
presented, Regular Business Item 9 B. Seconded by Deputy Mayor
Maingot and carried by a unanimous 'roll call vote.
C. Commissioner Joe Durso would like to briefly discuss with the City
Commission his attendance of the tour of State Road 7's Community
Redevelopment Area (CRA) located in Lauderdale Lakes.
Commissioner Durso said he recently traveled to the Cities of Margate and
Lauderhill to look at what they are doing. with their CRA. He stated their
CRA was very similar to ot~r CRA and the Commission wanted some
more information. He said Seminole County staff has offered to collect
more materials from these Cities with more detailed plans for the
Commission. He reviewed a brief PowerPoint presentation on the Tour of
the State Road 7 CRA. He stated they have utuque bus stops that are the
basic same form, but a different design and. these were not much more
expensive than the ones they were looking at. He advised that stimulus '
money paid for the majority of their bus stops. He said their goals were ~
much the same as the 17-92 CRA. He stated there were many things that
we were ahead of such as design standards. The State Road 7 CRA covers
seventeen jurisdictions. He showed photographs and said they are dealing
with much of the same issues as we are on 17-92. He reviewed a slide of
the Lauderhill Mall and how it was broken into different segments/phases;
and piece by piece they were working with individual land owners and
developers. He said that development plans drive transportation plans. He
stated that the Commuter Rail was not a dead issue and we may still be
able to get some of these projects off the ground. He reviewed slides of
examples on some of the projects of State Road 7 both in business and
residential areas. He said a Iot of the development there was very
progressive and they have some underground utilities. He stated these
projects were from a combination of CRA money and public/private
money.
Deputy Mayor Maingot inquired how long their CRA had been in effect.
Commissioner Durso said approximately ten years. He continued to
review their implementation challenges. He said this does not occur
overnight.. He reiterated that he-would obtainmore detailed information
for the Commissioners. He advised this was all public on the websites for
the City of Margate and the City of Lauderhill. ~
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Allison Stettner, Planning Manager for Seminole County, said the State
Road 7 collaborative website Yias links to all of the cities that have CRA
Plans, as well as drive through tours of some of the areas that are part of
their block. by block plan.
Commissioner Durso said the tour showed that there are challenges and
there will be challenges no ma~~aer what the City does. He stated for the
past ten to fifteen years the City has remained stagnate..He declared it was
certainly worth their consideration to go in a different direction and try to
be a little more proactive to lure. businesses. He said the CRA in Seminole
County was being extended unti12017. He stated there was still time for
Longwood to participate. He introduced Dori DeBoard, Seminole County
Planning Director and Allison ~5tettner, Seminole County Planning
Manager.
Commissioner Holt inquired if all seventeen jurisdictions were in the State
Road CRA.
Ms. Stettner said. they had an umbrella organization called the State Road
7 Collaborative. She explained they have individual CRA's and then a
master CRA and they were all i:n part with the same CRA. She stated they
have a governing branch that oP~erates over all of the CRA's.
~ Commissioner Holt inquired if they had the opportunity to see what kind
of dollar figures Longwood would be looking at.
Dori DeBoard, Planning Director for Seminole County, said she had
promised at the last meeting when she was here with Chairman Dallari
that she would provide the Conunissioners some information prior to their
June Meeting. She stated that slle does have packets available and would
be getting those out to them very. shortly. She. said they have taken a
boundary that was created whe~i the CRA was created, encompassing that
area of 17-92 and looked at all of the property values in that particular
boundary. She stated they have an estimate of what increment would be
coming out of the base year through the 2016 time frame. She said,
unfortunately, we are in a period where property values are falling and
they had to take that into account when setting that base. She stated the
City needed to be prepared that it will probably be four years before
seeing any type of increment actually going into the fund itself, due to the
economy and all of the issues iii play because of property values..
Deputy Mayor Maingot inquired what the non-committal estimate was.
IVIs. DeBoard said the last time she was here they told them that the City
would contribute about $50,000 in increment between now and the time
the CRA was finished with this current time frame. She stated that figure
has not significantly changed since doing a more detailed analysis. She
said this was all based on property values. She stated they expect property
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values to drop again next year as well and that increment will need to
build back up. She reiterated theydo not see an increment coming from ~1
Longwood for a few years into the process.
Deputy Mayor Maingot inquired if that meant that Longwood would not
see any activity.
Ms. DeBoard said she was not stating that, and this would be up to the
CRA and the RPA to decide with regards to what type of funding would
be available. She stated this was a policy decision, not a staff decision.
Commissioner Durso said it should be noted that to date, no project
presented to the CRA has been turned down.
Ms. DeBoard said with regard to grant projects, she does not believe there
has been a project that has been turned down. She stated they have not all
been fully funded. She said they intend to get this information to them by
the end of the week, including a map they use as their boundary lines. She
stated they would be happy to come back when the Commission sets this
on their agenda.
10. ACTING CITY ADMINISTRATOR'SREPQRT.
Mr. Jackson reported Phase 1 of Reiter Park has been completed. He said they ~ ,
were moving. toward Phase 1.5, which is the, pond landscaping and installation of
the observation deck. He stated under Phase 1 there was .sod placed over the entire
area with a type. of sod to temporarily contain the soil from erosion and dust
issues. He said they are letting this take root prior to removing the perimeter
fence. He reported Ms. DeBoard's CRA presentation was tentatively scheduled
for June 1St and they will continue with this if it is the pleasure of the
Commission.
Commissioner Sackett said he would rather have it on June 15t1i to allow time to
read the numbers unless they can get this information to them sooner.
Mr. Jackson said he would see if they can get this information to them by
Wednesday. He said if it, was later, he would push the presentation back to the
June 15th meeting.
Mr. Jackson said he had a request that came late. in the day from the company the
City contracts with for cost recovery of automobile accidents. He stated the
Legislation passed a law prohibiting this and it is going to the Governor for
signature. He advised that cost recovery in a lot of other cities in Florida have put
forth a Resolution to the Governor asking him to veto this to give Home Rule
back to the communities where the impact is the greatest on tax dollars. He said in
the presentation to the Governor, the City of Longwood was spotlighted as to the ~
ntunber of crashes we have ofnon-residents. far out weighting the number of \
residents.. He said he would like to bring. this forward to the Commission as
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~ quickly as he possibly can to have this Resolution signed and sent to the
Governor. He stated they had a short period of time before the Governor signs
these and he was looking for the Commission's consent.
Deputy Mayor Maingot said this was very important for the City and whatever it
takes they need to get this to the State,. as in yesterday.
Mayor Bundy said. with the consent of the Commission, if they get this Resolution
prepared, he would. sign it as soon as possible..
Mr. Jackson said they were working on a model so that all cities would have the
same model.
It was the consensus of the Commission to prepare the Resolution for the Mayor's
signature and send it to the Governor.
11. MAYOR AND COMMISSIONERS' REPORT.
District #5. Commissioner Sackett th:~nked the City Commission for the plaque
and for a wonderful year as the City's Mayor representing the City in many
different events and. meetings.
District #1. Deputy Mayor Maingot reported he had a letter from Janine Bokali
regarding the fee they paid. He sugge:;ted they look back at the fee structure. He
! said it states that fora 2,500 installation there was an 8% fee charged and once
they went to 2,987, the permit fee jumped to 16.7% of the job. He reiterated they
need to take.a look at this and said it struck him as something that needs the
Commission's attention.
Mr. Jackson said what Deputy Mayor ]Maingot referenced on these fees, that
Commissioner Durso had met with hint earlier regarding this matter and they
discussed this with Commander Coher.~.. He stated what stands out in this were that
if the repair cost part had been less, the: fee would not have been as high. He
advised he told him to look at perhaps separating residential work permits from
commercial.
Mayor Bundy said-they need~to pay attention to the cost basis of commercial
versus residential projects.
District #2. Commissioner Durso sug;~ested Commander Cohen get these two
lists to the Commissioners. He said "they have had a brief discussion regarding
implementing things in the form of a percentage of the total job rather than a flat
.fee. He stated he did want to address Ms. Rebello's comments. He said when he
was first elected she openly opposed hi.m and that was not an issue. One of the
l first things he told her was if she ever had an issue she could call him and he has
~ told everyone the same thing. He stated they have had some conversations and
talked about a number of issues. He said apparently she has decided not to call
him anymore, but to come here and att;~ck him and address other things. He stated
he does his research and when he make's a statement, he makes a full statement.
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He referenced what she had stated at the last meeting regarding the Fire contract
and increases ui salaries. He said there were people that have been here for ten
years that are making $S00 more than people who have been here for nine months
and they have to fix that mistake. He stated the City of Longwood was not firing
anyone or laying people off and they were not cutting any services. He said they
would not agree on everything, but he always would welcome anyone to call him.
He stated when people make statements and omit things; they need to be held
accountable. He apologized if he offended anyone.
District#3. Commissioner Holt reported he was able to go to a wonderful
breakfast at Choices in Learning Charter School and they had a PowerPoint
presentation on what they have accomplished. He said that hopefully they will
find a place in Longwood where they can stay. He stated he was glad he could
attend this and said their choir performed and shined. He said it was impressive
what this school has accomplished: He stated he did want to question electronic
mails they received regarding Air Tech and said this was appareritly going to be
put on an agenda. He had another one from Daniel Spak that lives on Columbus
Circle.
Mr. Jackson said he received this information recently and would go out to the
site tomorrow.. .
District #4. Mayor Bundy reported he also attended the breakfast at the Choices ~
in Learning Charter School. He said Commissioner Sackett made reference ~
regarding the Allied Veteran's Internet Cafe last meeting. He stated he spoke with
the Acting City Administrator and the City Attorney regarding this matter. He
said Ms. Debby Reimers has been receiving multiple applications for internet
cafes and has been referring these to the City Attorney. He suggested the City
Commission impose a moratorium on issuing any Business Licenses on those
until the City Attorney can come. up with language to deal with these.
Commissioner Sackett said he thought within the Code, when they address the
word "devices" they have it taken care of..He stated he didn't think a license
should be issued because they already have something in place.
Mr. Roper said there was an emergency ordinance passed on September 11, 2003
that addressed fora 60 day period that related to issuance of permits for ,game
rooms, arcades, dance halls, and similar indoor entertainment and amusement
activities. He stated they had the ability to pass a similar type of ordinance.
Commissioner Holt moved to irnpose a moratorium. on any additional
Business Licenses until the City Attorney can come up with language to
deal, with these. Seconded by Deputy Mayor Maingot.
Commissioner Sackett said the adult entertainment section of the Code
specifically uses the word "gambling", but it talks about. devices.
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Mr. Roper said they have been on record early on stating it is a Codes
Enforcement issue.
Mayor Bundy said if they don't issue those licenses, they can't operate. He stated
that gives them the authority to shut them down, but they need to make sure they
have clarification. He reiterated the Licensing Clerk was receiving a lot of calls
and a 60-90 day moratorium needed to be issued in order to deal with this.
Commissioner Sackett said that they d~~ need to do that, but if it is a code
violation, they should not still be open. He stated he thinks we have something in
place that can shut this one down.
Mr. Roper reiterated it could be addres;~ed by a Codes Enforcement perspective.
Mayor Bundy said if they do this. moratorium, it takes the pressure off of staff.
Mr. Roper advised the Ordinance he was referring to was Emergency Ordinance
No. 03-1674 and it expired after 60 days.
Commissioner Holt said he did not want the motion to be time specific. He
wanted them to be able to bring it back as an Agenda Item to be able to create an
' ordinance and get it in place..
~ Motion carried by a unanimous roll call vote.
Mayor Bundy announced that Longwood, Altamonte Springs, and Sanford Babe
Ruth. will be hosting all three levels of the State Tournaments for the first time. He
said each level would be held on separate weekends starting with the .last weekend
in June, the first and second weekends in July. He stated he would provide more
details when available. He said they hope to show out of town people a good time
and experience and theywill approach the State Committee about making this
permanent or for over several years.
Mayor Bundy reported fie attended a City softball game a few weeks ago and was
talking with Mr. Warren Brown. He sari Mr. Brown has made a commitment to
the City that Babe Ruth will fund up to $10,000 for a Park Assistant position. He
stated he talked this over with the Acting City Administrator and also spoke with
IVIs. Fran Meli. Babe Ruth's only concern is that the portion they are funding is
dedicated to ball field maintenance. He asked for a consensus of the Commission
to have the Administrator bring forward. an agreement to set this in place.
Mr. Jackson said they can take the $10,000 and apply it to a part time person and
work them on the weekends when they ,~.re the busiest. They only have one person
~ there on the weekends now and their time is divided between there and the
~ Community Building. He~stated if they ~~onsider working the person Friday,
Saturday, and Sunday, or just Saturday <~nd Sunday, that $10,000 at a rate of a
part time person, they could cover through this budget year.
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Commissioner Holt said they need someone with the qualifications to be able to
understand what a field needs. ~
Mr. Jackson said they have $10,000 to work with and they will start with that. He
said it obviously would be someone that can work the fields.. He said Mr. Smith
was cross training the crew that works out there now.
Commissioner Holt said if he was hearing this correctly the City will add to this.
Mr. Jackson said there were no matching funds in the budget, and he would rather
take the $10,000 contribution and hire a part time person• dedicated to the park.
It was the consensus of the. Commission to move forward.
Mayor Bundy said there have always been representations on Boards or
Committees that have been the Mayor's responsibility. He stated when the
Longwood Area Chamber formed it had been a request that Commissioner Holt
represent Longwood. He referenced the areas the Longwood Area Chamber was
trying to work on was to get it back to where it was in the beginning. He said with
the consensus of the Commission, he would like to designate Commissioner Holt
as the City's representative. He stated he would still attend the Thursday main
meeting.
It was the consensus of City Commission for Commissioner Holt to be the
representative to the Longwood. Area. Chamber.
Mayor Bundy said they ended up with one candidate for the. City Administrator
position. He stated what has not been menfioned was that the Acting City
Administrator's contract runs out prior to their next Commission meeting. He said
the only thing left to finalize on the contract was the dollar amount. He stated he
would defer to the Attorney, but he would like for the Commission to come up
with a dollar amount tonight so they can extend the contract to the candidate at
tomorrow night's meeting.
Mr. Roper said what has been previously noticed last week to occur tomorrow
night was the closing.. statement by one of four individuals asked to be
interviewed, ranking of the candidates. and some type of action to be taken. He
advised there were different options or alternatives that could be taken, but some
action needs to be taken, whether it is appointment of Mr. Jackson for. another T20
day term, or appoint another Acting City Administrator, or some type of action
for hiring a permanent City Administrator. He said in light of the fact they only
have one interview tomorrow, there was no contraindication under the City
Charter,. Ordinances, City Code or Resolutions that would prevent an offer being
made tonight. He stated riothing would be finalized until the meeting. tomorrow. -
Commissioner Holt inquired if they could determine a number.
Mr. Roper responded in the affirmative and said that was their option.
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Deputy Mayor Maingot moved to offer a salary of $90,000, plus the
benefits indentified in the previous contract. There was no second to the
motion.
Commissioner Holt moved to offer a salary of $118,5.00. There was no
second to the motion.
Commissioner Durso moved to offer a salary of $115,000. Seconded by
Commissioner Holt.
Commissioner Sackett said he has not. had a chance to interview, as it is scheduled
for tomorrow. He stated at this point lie would have to vote no to any amount.
F
Motion carried by a four/one roll call vote with Commissioner Sackett
voting nay.
12. CITY ATTORNEY'S REPORT. Mr. Roper reported there had been a request
from the Commission for information regarding the Mr. David Demetree
litigation. He said it has been pending and not much going on. He stated he would
be sending an electronic mail to the City Commission since it is in litigation and
the information is confidential and privileged. He suggested that in lieu of a Shade
Meeting, each Commissioner respond individually to the information he sends
them. If they want to hold a meeting, they would need to schedule a Shade
Meeting.
Commissioner Holt said he did not want to receive the information in wri"ting and
he would not respond in writing.
Deputy Mayor Maingot said he would like to post a question to the City Attorney
as the Parliamentarian. He stated he w,~s totally amazed and shocked at comments
made from this dais directly to a member of the audience. He said he was anxious
that they do not have a precedent being; set that the next time a member of the
public chastises a Commissioner and said it was not appropriate to direct their
chastisement from the dais during a Commission Meeting, regardless as to
whether it is justified or not. He reque:;ted the Acting City Attorney to respond as
to how this matter should have been dealt with acid inquired if it was in order to
address directly to the public to a particular person in the audience.
Mr. Roper advised that first and foremost, they have to keep in mind that
Commissioner Durso and Ms. Rebello have First Amendment Rights and was
allowed to state their piece. He said if they were looking at it from a strict
parliamentarian position, they have to Gook first at what is preeminent over and
above parliamentary procedure, that being the First Amendment and. all of the
civil rights that go along with it. He suited that. strictly as a parliamentarian
~.o.. procedural perspective, there may not ].lave been a technical following, but the
way he heard it, it sounded as though the comments were being directed through
the Chair.
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Mayor Bundy said as he gave Deputy Mayor Mangot.permission to direct it
straight to the Attorney.. u
Deputy Mayor Maingot said he went the route and he was inquiring if it was
correct to give permission to direct it straight to a member. of the public. He
reiterated lus concern of setting a precedent on how to handle similar situations. in
the future.
Mr. Roper said one has to be very careful of stopping a person from stating their
opinion. He stated they need to look at whether it is substance over form or form
over substance. He said from that perspective, he was more concerned of the
chilling of civil rights.
Mayor Bundy said he had no problem in calling someone. down who is making
personal attacks as he did earlier. He stated that Ms. Rebello's comments were
stated with respect and in the proper context of the meeting. He said any
Commissioner has always been left to their discretion on whether to respond to
personal attacks. He declared that hopefully they can learn for people to call a
Commissioner to discuss matters of concern. Public Officials are open to be
criticized, but they should be able to respond to someone who makes comments to
them. He affirmed that he would not rule anyone out of order if he feels they are
conducting themselves professionally.
Commissioner Holt inquired about the next quarterly Attorney Report. ~
Mr. Roper advised it was coming up.
Commissioner Holt inquired how the contract between their firm and the City
worked as far as whom and when someone from their firm can represent them.
Mr. Roper said they interviewed along with a couple of other firms. He said he
did look back at the minutes, but has not listened to the audio and he recalls that
the Associate Attorney being able to attend. He stated that he and Ms. Roper
recall also discussion for Mr. Andrew Dayes to represent them on occasion. He
said that he is a litigation attorney and cannot always attend. I=Ie affirmed that the
City hired their firm. The contract was signed by himself and Ms. Teresa Roper as
President and Vice President. He said they have never had an outside attorney
attend as the prior City Attorney did. He declared the precedent set before hand.
was one that the Commission allows someone to fill in when the lead City
Attorneys are out of town.
13. CITY CLERK'S REPORT. No report.
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14. ADJOURN. Mayor Bundy adjourned the meeting at 8:44 p.m.
r.
0
Ha od G. Bundy, Jr., or
Linda F. Goff, CMC, Recordi~ Secretary
ATTEST:
.','~i?
Sarah M.1~lirus, MMC, MBA r
City Clerk
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