CCMtg06-25-07WSMinLONGVVO®I~ CI'~`~ C®Ml~IISSI®N
~~ Longwood City Commission Charnlbers
175 West Warren Avenue
Longwwood„ Florida.
W012~ S1~:SSIOl~T
M1N1CT'rES
JLTl~(E 25, 2007
2,c00 P.M.
Present: Mayor John C. Maingot
Deputy Mayor Mike Holt
Commissioner H.G. "Butch" Bundy, Jr.
Commissioner Brian D. Sackett
Commissioner Dan Anderson
John J. Drago, City Administrator
Sarah M. Mirus, City Cllerk
Carol Rogers, Director of Financial Services'
1. CALL TO ORDER. Mayor Maingot called the meeting to order at 2:03 p.m.
~ 2. PRESENTATION/INTERVIEW OF CANDIDATES FOR POSITION OF
~,,,~ CITY ATTORNEY. .
A. Fowler & O'Quinn (2:00 p.m.)~
Mar~Sneed introduced herself, Lynn Vouis, and Carole Barice with Fowler &
O'Quinn. She said they have subn;utted a proposal to become the City
Attorney. Their firm has specialized exclusively in municipal law for 20-25
years. She has been with the: firm approximately 16 years and has represented
Altamonte Springs, Deltona, Cocoa Beach, Montverde, Astatula, and Code
Enforcement matters for Ocoee ar~d Daytona Beach. She advised James
Fowler was the Senior Partner.
Mayor Maingot inquired who the City would be dealing with.
Ms. Sneed said they would be dealing with all of them, but primarily herself
and Carole Barice on the Commission level. Codes. Enforcement level would
be herself and Lynn Vouis.
Mayor Maingot asked for hear to e'larify the monthly retainer.
Ms. Sneed said they typically bill on an hourly basis. Although,, if the City
would prefer to do a base monthly retainer for a certain number of hours and
then hourly once it gets ovel• that, they would be open to doing that.
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Mayor Maingot inquired what attracts them to Lorigwood.
Ms. Sneed said they live in Seminole County and are familiar with the area. ~-'~
She said they have had opportunities in the past to assist local governments
and councils with various development issues, annexations issues, and other
issues as part of their practice.
Mayor Maingot asked them to describe a situation where they had. to represent
a city in a rather difficult piece of litigation whereby the consequences were
rather formidable.
Ms. Sneed said she could think of one for the City of Cocoa Beach where they
had Charter referendum litigations going, on for several years. When their firm
became counsel for Cocoa Beach and there was a situation where the Judge
didn't want to listen to the City's point of view and found them in contempt
and fined the City. The rulings were appealed on the actual substance in the
Charter, as well as the contempt, and they won both appeals for the City.
Ms. Bariee said she was involved in quite a bit of the litigation and this case
had to do with the Comprehensive Plan Amendment that would limit the
height of the buildings. She said it was contentious because a number of
developers opposed it. They went to court to overturn a Comprehensive Plan
Amendment that was proposed by Charter Amendment. She stated there was
inverse condemnation arguments made as well, and they ultimately did
prevail. She also discussed a civil rights challenge in Federal Court based ~~'
upon a Codes Enforcement Board action where the matter was dismissed. She
said they have handled quite a bit of inverse condemnation litigation, as well
as direct condemnation for road and water projects.
Ms. Vouis said she was an Assistant County Attorney for Seminole County
for 14 years and worked on a lot of the road widening. She also was involved
in the purchase of the Post Office that is no longer there, as well as the closing
of the disco food store.
Mayor Maingot inquired what their functional responsibilities would be
during the course of a Commission meeting.
Ms. Sneed responded to advise the Comtriission of what they legally may do
as a Commission and to answer any legal questions they may have. She said it
was not her job to give them her personal opinion on what they were
proposing to do. She stated it is her job to tell the Commission if what they
were proposing was not something that fits within the bounds of the Statutes
or the City Charter. She said they may be able to provide another option of
how they can proceed.
Commissioner Bundy inquired what percentage of business the City of
Longwood's business would be to their firm. He also asked if they have ,~
anticipated how many hours the City's work would entail.
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`' Ms. Sneed. said she would guess anywhere from 20-50 hours a month. She
,`"' stated this would be dictated by thc; Commission and staff. She did say they
had the ability to do the work as ne:eded. She advised they represent other
municipalities and have a lot of items and material on form that can save time
and be a savings to the City.
Commissioner Btuidy inquired about their preparation. for Cornrnission
.meetings and the preparation. of ordinances. He said it is annoying if they are
ready to pass an ordinance and the Attorney has a problem with the language
at that time. He stated the Attorney should check the ordinances for legal
sufficiency prior to advertisement.
Ms. Sneed said a lot of it depends on the City's preference. She stated if she
receives the ordinance with the age:nda.packet and, if there is an issue, it will
have to be brought up at the meeting. She advised that with the majority of the
jurisdictions they represent, they are involved in either reviewing what staff
has drafted or drafting the document themselves and having meetings with
staff prior to sending it to the; City Clerk.to be placed on the agenda. She said
she preferred prior involvement.
Ms. Vouis said they would like to ~~~e involved and they do draft the
ordinances for many of the pities they represent. She said a lot comes down to
i- communicating with the person drafting the ordinance and they can anticipate
)~ the problems.
Commissioner Sackett said Altamonte Springs is growing phenomenally.
They have indicated most. of that vrork goes to Mr. Fowler, but how involved
are they with that work. He indicated having a discomfort level in working
with an Attorney that is working next door to us. He inquired how they were
going to make us unique,-yet still bring Altamonte Springs growing pains to
us.
Ms. Sneed responded by saying you are Longwood, not Altamonte Springs.
She said they would work wiah Longwood on what the City wants to
accomplish. She said they discussed tlus prior to submitting a proposal and
whether there would be any c;onflic>ts. She said over the past 20 years, there
have not been too many conflicts and they felt comfortable. She said they
realize what one City wants in terms of growth may not necessarily be what
another wants. She stated she would want to foster what Longwood's vision is
for the City.
Deputy Mayor Holt inquired who lhey would see the most at meetings over
twelve (12) months.
Ms. Sneed said probably herself or Ms. Barice.
Ms. Vouis said they all have a lot of experience in local government.
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Ms. Barice said there were a lot of specialty areas when representing local
government. She advised her specialty area is environmental law and land use
law and you may .see her more often with regards to these areas.
Deputy Mayor Holt said that means the Attorneys~would be sharing
information.
1VIs. Sneed responded in the affirmative. She said. she would assign the best
person that could handle the job for the City. She said they hope to develop a
good relationship for the long term.
Commissioner Anderson said if an issue arises he would want to make sure
Longwood is the first priority. He inquired how many hours the City Attorney
was currently being utilized.
Mr. Drago said they range 30 to 70 hours a month. He advised we have
Special Counsel for labor law and assessments. He stated the City has always
worked under a flat retainer and did not worry about the hours.
Ms. Vouis said she like. the idea of a retainer.
Ms. Sneed said they would submit a base hour :per month retainer fee.
Commissioner Anderson said it was important to be able to ask questions and
not hold back. He said he likes Attorney input to keep him out of trouble.
Commissioner Bundy inquired where appeals from'the Codes Enforcement
Board would go.
Ms. Sneed advised they gb to Circuit Court.
Ms. Barice .said it was important to recognize it is not just a matter of hourly
rate. If you get a firm that has experience, you will end up paying much less in
the long run rather than hiring a firm that doesn't have the experience.
Mayor Maingot said they are looking for an Attorney that comes to the
meetings prepared so things can move along smoothly.
B. Desmond. Jordan Jr. (2:30 p.m.)
Desmond Jordon,. Jr., P.A. introduced himself.
Mayor Maingot inquired what cari he bring to the table.
Mr. Jordon said he has an idea. of what a city like Longwood needs in an
Attorney. Based on his experience, cities like Longwood needs representation
primarily in the areas of procurement, in labor and employment issues, as well
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as general business matters. He has served as General Counsel for the Coastal
`~ Florida Police Benevolence Association, the Police Union, and has
)~'' represented police officers in grievance proceedings and collective bargaining
negotiations. He said he has the type of experience that would translate well
for the City of Longwood. He currently serves as legal counsel to the Orlando
Regional Healthcare System as well as to their purchasing alliance.
Mayor Maingot inquired to r~is experience in condemnation.
Mr. Jordon said he would need to practice up on condemnation. He said he
was very competent in his research skills.
Mayor Maingot asked what he felt his functional responsibility was when
serving as City Attorney.
Mr. Jordon said his primary j ob was to represent the City. He said he can
translate very well and his ot~ligation would be to the City of Longwood and
protect the legal interest of the Cit•J.
Commissioner Bundy inquired about his preparation techniques for a City
Commission meeting.
Mr. Jordan said as City Attorney he will only be as effective as the lines of
~~ communication. He said there needs to be open lines of communication. He
ice- said the taxpayers are going to look to the Commission and if they see the
City Attorney is unprepared ~on a consistent basis, there will be some
accountability issues. He lilef;s to be prepared and know ahead of time what is
expected of him.
Commissioner Sackett inquired. who Francis Roche was that was listed as
being his alternate.
Mr. Jordan said he was a former police officer out of Orlando. He still.
practices law on a limited basis and is a person he has worked with and knows
to be competent. One of his fortes is legal research. He said they have done
litigation together.
Deputy Mayor Holt inquired if he was going to have 70 hours of work per
month; would he have time for the City of Longwood.
Mr. Jordon said one thing the RFP was not clear on was how much work. He
inquired how much work they anticipated for the City Attorney in order to do
an effective job. He said he e>stimated 50 hours a month and this could be
adjusted. He stated he has never bc;en afraid of hard work. He said he did not
l have a problem with staying up late to get the job done.
~~
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Deputy Mayor Holt said he would not want to see him burn. out. Would there
be enough time with all the other things he'has to get the job completed. He `
inquired if Mr. Jordon had other people to go to such as paralegals. ~J
Mr. Jordon said there was no way an Attorney can do a one-man show. He
said he has the resources to be able to do the work. He does have
administrative help at his office.
Deputy Mayor Holt inquired why he didn't attend a prior Commission
meeting.
Mr. Jordon said he made an effort to submit the proposal a few days before
the deadline. He stated the reason he did not attend a meeting may be due to a
scheduling conflict.
Commissioner Bundy said there were egos involved; how does he work with
diverse personalities. He asked Mr. Jordon who was his boss.
Mr. Jordon said his boss would be the City of Longwood. He stated he likes to
give advice as straight as he can and he is not going to satisfy everyone all the
time.
Mayor Maingot inquired about litigation he has dealt with in his career.
Mr. Jordan gave an example of veteran police officers that were suspended '~..~
due to a no chase policy. He stated there was two days of arbitration in trying
to get their jobs back. He said the evidence.presented showed some mitigation
for their actions. The officers ultimately lost their jobs,. but there was a real
question whether these officers were liable for not just violating. the
department's pursuit policy, but for the. death of the suspect as well. He said
they were counting on him to put up a good fight for them, and these clients
were satisfied they gave it the best they had and felt vindicated.
Mayor Maingot inquired if he had any questions for the Commission.
Mr. Jordon said he knows what the description states. He asked if the
Commission sees the City Attorney's role concentrating in one particular area
over others.
Mayor Maingot said it was multi-tasked.
Commissioner Bundy said the, City has a Labor Attorney, a firm that handles
Special Assessments,. and an Attorney as part of the Liability Insurance.. He
stated they need someone to coordinate and keep them from needing those
outside firms,. other than the Labor Attorney.
Mayor Maingot said when asked about anticipated hours, the City J
Administrator responded between 30-70 hours.
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Mr. Jordon inquired what type of communication would be expected of the
City Attorney on a daily or weekly basis.
Mayor Maingot said the charuiel o:F communication runs through the City
Administrator. He stated the Commission would be free to ask questions if in
need of colmsel advice.
Commissioner Bundy said th.e Corzmission has more leeway when it comes to
the City Attorney. He said the City Attorney would more than likely be
hearing more often. from the Administrator.
C. Langston, gIess, Bolton,. Shepard & Augustine (3:00 p.m.)
Cliff Shepard with Langston;, Hess, Bolton, Shepard & Augustine introduced
his Associate,. Drew Smith. He said Mr. Smith would be serving as' the
Assistant. City Attorney for Longwood. He said he has been to the City's
Codes Enforcement Board a few times.
Mayor Maingot asked what ctraws .him back to the City of Longwood.
Mr. Shepard said their firm h:as been interested in-this job since the first
opening and they were one o:f the first two firms that submitted. He said they
have evolved into city work and. have gotten to the point where they specialize
l~ in it. He stated one thing that makes them unique is that they have a Board
Certified Municipal Lawyer. He said Virginia Cassady just sat for the Board
Certification exam and they `will have her results in August. He said you
cannot claim any .expertise irc the s,~?ecialty unless Board Certified and this
puts them in a very small pool. He said less than one twentieth of one percent
of all Florida lawyers were Board (certified in City Law. They currently
represent five cities to include Maitland, Edgewood, Mascott, .Mount Dora,
and the Town of Ponce Inlet. He advised 80% of their shareholders are Board
Certified. in some special area. He stated this was important to show their
commitment to becoming experts in a field. He said. they have been in every
kind of dispute one can be involved in municipal government. He stated what
draws their group to municipal law as a group is its diversity. He said a
Municipal Lawyer needs to know and understand a variety of areas. He stated
they also need to be prepared. to attend meetings and answer questions on the
fly. He has done a lot of Association work and. that has been a natural
progression into municipal la.w. He said they bring a lot to the table in terms
of experience and diversity and they have no problem with the City checking
their references. He declared municipal law is getting more complicated and is
going to get more difficult.
Mayor Maingot. inquired who woui.d be sitting as the City Attorney.
Mr. Shepard said it would be himself. Mr. Smith and Ms. Cassady would be
backups.
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Commissioner Bundy said he was on the Codes Board when Mr. Shepard was
involved. He stated when a developer comes in and requires legal review and
legal involvement other attorneys have talked about building that in as a pass "J
through cost to the respondent. He said with budget restraints they were
looking at ways to avoid cutting services. He inquired what his thoughts were
about this matter.
Mr. Shepard said they recommend pass through ordinances. Anyone bringing
to the City new. development and new growth pays its way by not only paying
for the City Attorney's time,. but also the time of the consultants. or direct costs
related to reviewing that development proposal.
Commissioner .Sackett. said he likes the way he brings the confidence through.
He said. he would like to hear from Mr. Smith what he brings to the table if
sitting at a meeting.
Mr. Smith said he started his career with this firm and Mr. Shepard has
impressed upon him all the things that need to be conveyed to the
Commission and the confidence and ability to convey things clearly. He
prides himself on the. ability to give a short, precise and confident answer. He
keeps himself apprised of everything going on with the cities they represent so
he is familiar when sitting in. He does attend other board meetings routinely in
the primary role and this is something he is use to doing frequently.
Commissioner Anderson asked how they have handled contentious cases and J
how can Longwood keep themselves out of that type of situation.
Mr. Shepard said they do not make policy. They are City Attorney's and
policy making is the role of the City Commission. He said. they are available
to advise the Commission. He stated a lot of staying out of trouble was policy
and how they treat people and keep controversies minimized. He said he is
asked frequently if something is okay and if it is a policy decision, all he can
say is it is up to the Commission. He said a better question for counsel would
be is it defensible and would they win. He advised they have won every ease
he has represented Maitland on.
Deputy Mayor Holt said Longwood was pro Commuter Rail and Maitland. has
kicked it around.
Mr. Shepard said Maitland now had a Commuter Rail Station planned.
Deputy Mayor Holt said if Maitland was not for the Commuter Rail and Mr.
Shepard sat in their meetings and listened to why they were not for it, then he
came to Longwood and heard why we were: for it; do you care either way.
Mr. Shepard said, in terms of his listening to the issues, no. Could there be a
conflict if there was an actual issue as between the two? Yes, there could be.
He advised when Maitland was contrary to the Commuter Rail was when they
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were not assured they were €;oing 'to have single tracking versus double
tracking through Maitland. This has been resolved and they are not only
~~ supportive, but they are adding a station. He advised if there was a conflict
between Maitland and Longwood on any issue, they would have to be
disqualified.
Deputy Mayor Holt inquired. if he would be available by phone.
Mr. Shepard said if he is in the office the calls go directly to him.
Commissioner Bundy said he like., that the bulk of their clients are
municipalities. He said few conflicts arise between the cities. He inquired
about the fee proposal.
Mr. Shepard explained when.. he fn~st did this proposal he didn't think he had a
choice. They read the proposal as one fee for everything and they had no idea
how much legal service would be required. He spoke to someone and asked
for some numbers of what had been paid in the last twelve (12) months and
was given a high month of $36,000 and a low month of $9,000. He said he
couldn't make heads or tails out of that. They decided to submit what they
basically do and what their arrangF;ment is with every other city. He affirmed
he did not have a way to gauge this and most cities go with Option B.
Commissioner Bundy said it was l-~rought up earlier and a .good month may be
~-~ 30 hours with the worst 50-70 hours.
Mr. Shepard said not knowing the involvement required, he guessed at 30
hours. He said. the. fee is workable because he didn't have. any information to
go on.
Commissioner Anderson inquired what the benefit was of having a lot of
municipal experience. .
Mr. Shepard said by having this experience, they have seen. things that work
well and other things that don't work. This can only be gained by experience.
Deputy Mayor Holt. inquired why he has not .attended a Longwood
Commission meeting.
Mr. Shepard said he did not ]snow they were going to be on the list until
receiving a call on Thursday or Friday. He said they generally do attend a
meeting once they learn they are g~~ing to be interviewed. In this ease, they did
not have enough time.
l Deputy Mayor Holt asked if hired, are they going to be a City Attorney or
Commissioner No. 6.
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Mr. Shepard said that goes back to his statement that they do not make policy.
He said in a good meeting- they don't need to say anything. He stated no ~
citizen has ever voted for him, their only vote has been from people like the
Commissioners.
D. Roper & Roper (3:30 p.m.)
Teresa Roper, Vice President and Don Roper, President of Roper and Roper,
P.A. introduced themselves.
Mayor Maingot inquired what continues to draw them to the. City of
Longwood.
Ms. Roper said as she has sat here during the last 10 months,. she has been
very impressed with the vision the City has put together. She stated this has
been really impressive to herthat the City has been able to put this together
and start the planning, She said she has very much enjoyed being a part of
that. She has been attending meetings with Mr. Sizemore over the weeks and
with her background in architecture she finds this very fascinating and
interesting. She has enjoyed working with everyone in the City, the subject
matter, the vision, and she feels she can be a service to the City and be a part
of helping to facilitate the end result.
Mayor Maingot asked for a brief overview as to how they successfully
litigated a difficult case. ~
Ms. Roper said she had a case a few years ago -that went on for a long
duration. It was a case against a hotel where the woman allegedly had injured
her neck and she was claiming she was totally disabled and would never be
able to work again. Through surveillance and investigation, they obtained
photos of her going square dancing and winning dance contests. She said
during depositions the woman denied having anything to do with the dancing.
They also had evidence her being at a race track and running a booth where
she would be lifting overhead repeatedly. This case went on for 2-3 years and
the ease was won. She stated her tact with litigation has always been the more
background work you do and the more investigating allows you to go behind
the persona to find out what is going on. In her career, she has had a lot of
fraud cases and the more preparation you do, the better the. result.
Commissioner Sackett said sometimes when there is someone in an interim
position, that person takes the safe road to do the j ob. He inquired if Ms.
Roper is the City Attorney, will they see the same person that was here for the
past 10 months. He inquired how this position would allow her to become.
better at what she does.
Ms. Roper said when she initially agreed to be the Acting City Attorney; it
was not in the mind frame that she would pursue it as a permanent position.
When the first bid was put out she was representing the City of Ormond
CC 06-25-07/.168
Beach. She said because an .Associate had quit and she ,had to ask herself who
,,.
~ she would rather represent, the Ci1:y of Longwood or the City of Ormond
Beach. At that. time, she made the decision she would rather work for the City"
of Longwood, even if"it was as the acting position, and she stepped down from
the Ormond Beach job. She stated since she began working for the City of
Longwood in August, there have been a lot of new activities. There has been
one issue regarding aright-of-way and she has visited the site. She has been
going to meetings with all the City Attorneys and the County regarding an
Interlocal Agreement with the School Board. She said.. it is becoming more
and more involved and that i.s how she sees the. j ob. She stated she always
wants to be in an advisory position, but the more she knows acid is aware of,
the better a job she will be able to do. She declared it is the City
Commission's job to make the decisions for the City and it is her job to advise
if she thinks there is some legal ground the decision is not appropriate. She
said, as far as sitting at meetings, .She does not expect to be anymore talkative
than she currently is. In the background, meetings with staff, she would like to
be more involved.
Mr. Roper said the first time this vlas put to bid they did not make a
submission. He stated since that tune a lot of things have changed. He said
Ms. Roper made. the conscious decvision that .she would rather work for the
City of Longwood fulltime than do worker's compensation. or the City of
Ormond Beach. He has noticed hear becoming more proactive and becoming a
lot more involved over time and this is because she enjoys it.
Mayor Maingot said he sees she represents the City of Palm Bay.
Ms. Roper responded in the affirmative.
Mr. Roper said they have been doing Palm Bay work since 1991. He stated
Ms. Roper does all of their v~rorker's compensation.
Ms. Roper said if she does becomE; the City Attorney, she does have the time
to devote her attention to the City ~~f Longwood. She does have an Associate,
Heather Mocre; who has a background as a Prosecutor and has done Codes
Enforcement. She said she would. like to devote Ms. Mocre for Codes
Enforcement issues. If the Commission did not approve of this, then she
would not do this.
Commissioner Bundy inquired about the retainer and asked. if they were
comfortable with thatnumbE:r.
Ms. Roper said she was spending l.2 to 15 hours a week on a normal month.
She stated the meetings on the In#.rlocal Agreement are something unusual
they are doing. She said the :67,00(1 envisions any working hours she puts in
.and there would not be a separate. bill.
'~
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Commissioner Bundy said he would have no problem with her Associate
handling Codes Enforcement. He said they did not want the person to get
burned out.
Mr. Roper said Codes Enforcementissues are usually minor. There are going
to be cases where they will require more time. He said there were some major
issues coming up and that was factored in. He stated the retainer stays the
same until it is renegotiated at a later date.
Deputy Mayor Holt inquired if they would be looking to renegotiate their
contract annually. He asked if she would be in favor of suggesting ideas or
would .she just. be the parliamentarian.
Ms. Roper said her concept ofthe job was being the parliamentarian. She does
not give her suggestions because she is a not a Commissioner.
Mr. Roper said if she thinks something is wrong legally, she will be the first
one to tell them and that is her role.
Mayor Maingot inquired if they had any questions for the Commission.
Ms. Roper said she has an understanding of the. posi"tion and unless there is
something that needs to be done that she has not been doing she didn't have
any questions.
Deputy Mayor Holt said if he calls the office he wants to be able to speak with ~
her.
Ms. Roper.said she would be available.
The Commission recessed at 3:53 p.m. and reconvened. at 4.:0.1 p.m.
lE. Shutts & Bowen (4:D0 p.m.)
Scott Glass introduced himself,. Steven Zucker, and Robin Drage.
Mayor Maingot asked them to give. an element of litigation they were
involved in on behalf of one of the. cities they represent.
Mr. Glass said he has been involved in various annexation matters: He said
Mr. Zucker and he are both.former Assistant Attorneys with the City of
Orlando. He said Mr. Zucker has successfully argued in front of the Florida.
Supreme Court. Most. of his litigation has been resolved "amicably" through
the mediation process. He said he had a case for a private.entity before the
Florida Supreme Court a couple of years ago regarding a zoning matter. He
said he is currently involved in representing the City of West Melbourne in a
dispute over annexation and utilities with the City of Melbourne as a result of
the revisions to Chapter 171, Annexation Provisions. He advised litigation
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_ that actually goes to court would be handled by their partner Mike Ward and
~~ labor employment matters are handled by Robin Eossit.
l~
Mayor Maingot inquired. who would be attending Commission meetings.
Mr. Glass said it would initially be himself. He has the broadest background
having served as Senior Assistant Attorney for the City of Orlando as well as
having served as the Deputy General Counsel for the Orange County
Expressway Authority for tl~e past: five years. He advised he also served two
terms as a City Commissioner in the City of Ocoee. In his absence, Ms. Drage
would be covering and as she gains more experience she would be handling
more matters as an Associate. He said they would propose using an Associate
or Paralegal when possible.
Commissioner Bundy inquired what type of involvement he would anticipate
in the preparation of ordinances and preparing for a Commission meeting. He
said he~would not want an Attorney to wait until the second.reading of an
ordinance before saying he had a problem with the language.
Mr. Glass said he can under:;tand ~md appreciates that. He would anticipate
working closely with the City Administrator and reviewing documents as he
requests. He said he was a bi.g proponent of not reinventing the wheel. He
stated with resources like the; League of Cities and Florida Municipal
Attorneys Association there should be very little of reinventing. These types
~" of issues should be worked out. with staff: He said he was from the old school
J~ and the Attorney's primary job is to advise the Commission on legalities. He
said if he has experience in an area, he will offer that advice to the
Commission, fully knowing advice; is all it is.
Mr. Zucker said they like to :receive copies of the Agenda Packets prior to
their going to the Commissioners so they can check the ordinances and
resolutions prior to reaching the Commission for first reading.
Commissioner Bundy said he would like to see a procedure of the Attorney
reviewing ordinances and resolutions for legal sufficiency prior to being
placed on the agenda. He stated they do change things during Commission
meetings.. He declared this type of procedure would save a lot of time and
show the City Attorney did their homework.
Commissioner Sackett asked Ms. Drage what she would be bringing to the
City.
Ms. Drage said she. primarily worked with the Expressway Authority and she
has represented a number of :private clients on land-use matters. She said she
has worked with the City of Lake 1`/Iary; Seminole County,: Orange County,
City of Orlando and various municipalities on land-use issues.
1.
'~.. Deputy Mayor Holt said during the Commissioner Reports they will throw out
different ideas and ask for a consensus for items to be brought back. This will
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give the Attorney a feel for what the Commission desires for language in an
ordinance. He said the City of Longwood is the smallest city in. Seminole ~
County,. but it is. one of the busiest cities. He stated Longwood has three major
thoroughfares and they have to constantly be thinking on their feet. They are
currently in the process of working with DOT on the 434 widening project.
He inquired what role would they play.
Mr. Glass said if the Commission reaches a general consensus of something
they want to pursue he would look to the City Administrator and staff to
provide the history and. to apprise the Commission. He would recommend
staff put together the information rather than paying an.Attorney for that
function. He said the Commissioners are the policy makers and when asked he
would give his areas of expertise. It is not a City Attorney's job to make
policy. He said they have worked with DOT in the past and he has battled
with DOT for private clients. He said they have always been able to represent
aggressively their clients positions and professionally at the same time without
burning bridges with DOT.
Mayor Maingot inquired what their opinion was of partial takes in terms of
road widening projects.
Mr. Glass said it depends on who is paying his bill. If they are representing
the property owner it may be more. advantageous to the client to have a partial
take with business damages. If they are representing the condemning
authority, it would be less expensive to do a total take. ~
Mayor Maingot fiu-ther asked. for his view on the consequences of partial
taking, from a city point of view.
Commissioner Bundy explained the background of the 434 project further.
Mr. Glass said they had similar situations in Ocoee with a road that
desperately needs widening. His recommendation to the city would be to take
as hardy a stance as possible in now allowing those non-conformities, and to
utilize the property owner and their counsel to assist in putting pressure on
FDOT. He advised their firm has. eminent domain counsel, David Shontz, who
use to work for FDOT.
Mayor Maingot inquired if they had any questions for the Commission.
Mr. Glass asked when they expect to make a decision in bringing the new City
Attorney onboard.
Mayor Maingot said the scores from today's interviews will be passed on to
the City Administrator for a short list.
Mr. Glass asked how long the typical Commission meetings are.
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Mayor Maingot said they aslc for an extension past 10:00 p.m. If there are
contentious issues, the meetings may be longer.'Normally they will t-un 7:.00 -
10:00 p.rn.
Mr. Glass inquired. if the, City Attorney is used for other boards.
Mr. Drago said the Attorney would only need to attend Codes Enforcement,
City Commission meetings, .and oc;casionally Land Planning Agency.
Mr. Glass advised their firm currently represents an individual who is
involved with a Codes Enforcement dispute with the City. He said this was the
only conflict..
Mayor Maingot said they made references for a proposal on pass through
ordinances.
Mr. Glass said this was a vehicle they used in Ocoee. When someone would
come in for development type work they would pass through the cost for any
work related to the development.
F. Winderweedle, Haines, Ward & Woodman. (4:30 p.m.)
Lionel Rubio introduced himself.
Mayor Maingot inquired why the interest in the City of Longwood.
Mr. Rubio said they have a long history of representing municipalities
including Winter Garden, Winter F'ark, Orlando, as well as Orange County in
Special Counsel Capacities. 1:-3e stated they have. been based in Orange County
and would like to extend into Seminole County.
.Mayor Maingot inquired what his responsibility would be as City Attorney
during the conduct of a Commission meeting.
Mr. Rubio said the City Attorney serves at the pleasure of the City
Commission. However, it is a tear.~1 approach with the City Commission, City
Administrator, and City Staff He said the bulk of the work, communications,
and relationships were with staff.
Mayor Maingot asked hirn to give an example of litigation with regards to one
of the cities he has representE;d.
Mr. Rubio said they have handled numerous litigation matters. One :in
particular dealt with a curb c~_it issue. This was with a property located outside
the bounds of city limits and they had requested a curb cut from the City. At
,- the time the curb cut was denied and ended up going to court. He said they
~~ were in the process of working wifh the applicant and hopes to resolve this
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issue before going to trial. They were involved with condemnation associated
with the widening of Daniels Road in Southwest Orange County. ~
Commissioner Blmdy asked about preparation techniques before a City
Commission meeting and what role would he have in preparing ordinances.
Mr. Rubio said he would like to take a team approach and initially meet with
the Ci"ty Administrator to determine what items would be on the agenda. If the
City Commission had directed him to draft a particular ordinance, he would
meet withthe appropriate department. staff and with the City Administrator to
insure they have met, requirements needed prior to bringing before the
Commission. If necessary, he would also meet with the Commissioner's
individually to make sure their particular needs were addressed. He said with
regards to the agenda in general, with the agenda going out several days in
advance allows an opportunity to review the agenda items and go over any
issues that may arise.
Commissioner Bundy inquired if .there would be any potential conflicts with
representing other cities.
Mr. Rubio responded in the negative. He reviewed the current governmental
clients, none of which are: in Seminole County.
Commissioner Sackett inquired what strengths Mr. Cheek would bring that
maybe complimentary to 1VIr. Rubio's strengths.
Mr. Rubio advised that Mr: Cheek is the City Attorney for the City of Winter
Park. Mr. Cheek has a vast background in litigation. His background is in
land-use and development issues so the compliment is there. He said if the
City Commission should appoint their firm, the City Attorney would. be
himself. Mr. Cheek would be a backup Attorney if he were unable to attend
any of the meetings. The primary contact person would be himself. He .said it
was included in their proposal that if the City Commission decides to appoint
him as City Attorney, not only would the City get him, they would get 26
other attorneys as part of the team. This means if someone has an expertise in
a particular area, it would be more efficient for that .attorney to work on that
particular assignment. He declared the benefit was getting the diverse. legal
and. practical experiences of 26 other attorneys.
Deputy Mayor Holt inquired how many Commission meetings he attended to
see. what the City of Longwood is about.
Mr. Rubio said he has not attended any of the meetings. However, he has
reviewed the minutes from December of last year to present. He stated, given
the fact that this was out for bid, he did not want to have any appearance of
impropriety as attending or spealgng to any of the Commissioners prior to the
selection. process. He has reviewed the information on the City's website and !
information provided by the Metro Orlando Economic Chamber. J i
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.Deputy Mayor Holt inquired if he would be charging for travel time, phone
calls, and other detailed items.
Mr. Rubio said the billing proposed would be billed at six minute increment$
and this would be negotiable. Hc; said this was typical for most law firms. He
said he did not write .down every single minute. He reiterated time would be
billed out in six minute increments, except for the ret~irier that includes 35
hours.
Mayor Maingot inquired if he wr~s a shareholder attorney.'
,,
,a
Mr. Rubio ..responded in the affirmative. ' -
Mayor Maingot inquired if he ha_d any questions for the Commission.
Mr. Rubio said from his review of the minutes, it appears the City
Administrator is significantly involved as providing the information to the
City Commission.
Mayor Maingot responded in the affirmative. He said if a Commissioner had
an area of concern ar need of clarification, they would schedule to meet with
the City Administrator individuaaly. He stated if there was a matter dealing
with legalities then each individual Commissioner would be free to call the
City Attorney for clarification. H:e advised the City Administrator reports to
the City Commission.
Mr. Rubio said as part of being the City Attorney for a city, as he previously
indicated, it involves teamtivork, ;~.nd requires the City Attorney be able to
obtain the confidence of the City Commission. and. staff.
Mayor Maingot said it helps expedite matters greatly and was very important
for the City Attorney to come prepared for the meetings.
Commissioner Bundy said he would like to find out what kind of retainer
Fowler & O' Quinn will. tur-~ in.
Mr. Drago suggested the Commi ,sinners hold on to the agenda to use for their
ranking.
Mayor Maingot said he has completed his ranking; not withstanding the
retainer'. He said as they went through asking the different questions he has
been able to evaluate the individuals and would turn in his ranking.
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3. AD~Q~URN. Mayor Maingot adjourned the. meeting at 4:51 p.m.
t ,,J
. ~_
A'I'TEST:~ ' ~
~wJ
Sarah' M. MirLS, CMC
City Clerk
John
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Jil
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