CCMtg10-05-09Min ~La®l~l~V'V',~®Jil/ ~±~1~~1V'lL~~J~"?Ji®1'V
lL®~gw®®~ ~i~y ~®~~~issi®~n lvin~~lbe~°s
West Warren Avenue
~.,o~agw®®c~, E'i~~ridla
M~I~lU'~'IEf~
®C~'®~~+ ~ ~9 2®®9
l~rese?at: T~][ayor H.~. "1$a?tcln" l~u?ndy
deputy 1lZayor John C. Maingot
Commissioner .poe t~tarso
Commissioner Mike molt
Co?nmissioner l~n•ian D. ~acke9:t
1®onov~n A. Roper, acting Cit;;~ Attorney
]Katrina t'owell, City Administrator
Sarah IVg. l~iirus, City Clerk
't'roy Hickson, t~cting Fire Ch'~ief
'l,om ~fackson, Folice Chief
.Taime shearer, ']Cemporary As,~is~~ta>Ilt to the City Ad~nninnstrator
Sheryl Bower, t~irector of Cow?munity Development
'~o?n ~nnitl?, gDivisio?n Manager of Streets and Fleet
Fran I~[eli, IDirector of ILeisure S~;rvices
t. CAI,IG `l,® ®t~ER. Mayor Btuldy called the meeting to order at 7:01 p.m.
2. A moment of StILFI~1't' lO~IFl~t'Tt~'t't®Pd vvas follo~~ed by the FtJlJ~tsF ®F
A~.t_,1J~tR~I'TC~.
3, C®I~IVttJ1~Tt't'~' r~1~1~T®~tT1~ClE1~F+ l~T`t'~i.:YIs. Mirus read tlZe following
aruiouncements:
A. 'g'he fl[arvest Loon ball will be h~efld on Wednesday, ®ctober 2009
from 2:00 p.m. unti14:00 p.m.., ]Longwood Community building, 200
West Warren Avenue.
Longwood ~,ive will be held o?~i Friday, ®ctober fl6, 2009 from x:00
p.m. unti19:00 p.m., Lc?ngwood Q;ommunity 1~?aaldi??g, 200 West
Warren Avemue.
C. A I~lace Grasp Pickaaa' will be h~uld on ~ctobE:r ]L7, 2009 fn•om x:00 p.m.
until fl0:00 p.?r?., Longwood C~o?r:muta?ty ~uildia?g, 2®® West Warren
~~'enl?e.
CC 10-OS-09J499
41. l~E~®Gl~l>[Tfl®l~S/Pl~®~]LAI~[A'f g®1®TS.
A. ~i~~ric~ PIl•eseIlIl4atioIlIl of the l~e~sirIle~~ ~ersoIlfl of the M1 oIlntlIl 1-~~~~r~l
f®r ~cgo~er 2®®9 ~o ]Eric ~ich~as, ~ener~l 1l~gaara~er of Wi~IlIl pixie,
9~fl ~csti Stake fl3oad X34.
Conunissioner Sackett read a brief biography on NIr. Eric Dichtas, General
Manager of Wiru1 Dixie, 951 West State Road 434. He presented him
with the Business Person ofthe Month Award for October 2009.
Photographs were then taken.
5. I$®Al~ APP®1<l~l'fl~[E1~1TS.
A. ~istric~ #2 Pd®IlninatiloIla tlae Parr aIlrd l~ec~°ea~ioIla Advis®ry Bo~H°d.
Commissioner Durso nominated Ms. Abigail Shoemaker, X77 Woodgate
Trail, for reappoitltnlent to the Parks and Recreation Advisory Board.
Nomination carried by a unanimous voice vote.
~IlStrIlC~ 1~oIlTiEIlIlaLIOI& the ~arl~s aIlIld IZecrea~IlOIl~ AdvIlSOry Board.
Commissioner Holt nominated Ms. Nicole Badger, 114 Sandalwood Way
to the Parks and Recreation Advisory Board. Nomination cai7ied by a
unanimous voice vote.
6. PNB>l,>[C >[l~1PgJ`I<'.
A. Prese~n~alioIlIlS. ~i~y Admi~istrakor recognizes the crew of ILoIlIl~vood
fescue En~iIlae #fl~ f®r e~eIla~P?aIl°y seIl-vi~e and awards i~ineIl~ a ]L~t~er of
Cona~e~Ilda><ion a~ad a Cer#ificate of Exemplary Service f®~ Iheir
eIlr~ployee fi9es.
Ms. Powell read a Letter of Commendation from Acting Fire Chief, Troy
K. Hickson regarding an incident that happened on Wednesday,
September 16, 2009. She recognized and presented the crew of Longwood
Rescue Engine #15 with a Certificate of Acconui~odation. Photographs
were then taken.
I$. Pu&~fl1c ]PartlcipagioIln.
Gina Sampson, 144 Sheridan Avenue, said she was speaking in regards to
the fence on the property at 162 Sheridan Avenue. She stated there was a
miscommunication in the fact that the fence cuts off all access to the lake
for the residents, She said she lives on the other side and they have 70D to
X00 feet of lake access.
Nancy Goclulour, 161 Sheridan Avenue, said she has lived here for thirty
five (35) years and stated there was plenty of access to the lake. Slie stated
before this fence went up, all of the children would be all over the yard at
162 Sheridan Avenue and the owners have taken care of this yard for over
thirty (30) years. She said the fence should stay.
CC 10-05-09/500
Kathy Dorris, 162 Sheridan Avenuc,, said that unfortunately they have to
be here for the reason of the fence. Slie stated the fence was approved by
the City and granted permission. Slie said the City owls the property and
provided them access to put up t:he fence. Slle presented photographs to
show they were not the only access to the lake. She stated when the City
gave permission. for them to put up the fence she asked what would
happen if somebody comes to the City after the fence was put up and aslc
that the fence be taken down. She said according to the City, the Dorris
Family was applying for a pernlit o n behalf of the City and there would
not be any issues regardii7g talcin.g clown the fence. She affirmed that the
entire grassy area where the fence was placed and all around where the
City has placed a bench for everyone to enjoy was maiiltain.ed by her
husband anal was previously n~aititained by her father. She acknowledged
that t11ey paid for ata irrigation. system many years ago. She stated she did
not see why they should have to take down a fence that is not bothering
anybody and was right in their b,~cl_yard.
Steve Dorris, ].62 Sheridan Avenue, said his wife pretty much stated it all..
I-ie said they have the pictures in hand and the only accessibility to the
lake was rather vast. He stated they only fenced off approximately five
percent (5%) with the City's permission. He said they had a professional
fence installer put up the fence and it was properly permitted. He said the
pictures show that there is 600 to 91)0 feet of accessibility to the lake.
JoAnne Rebello, 301 Loch Lomond Avenue, said she was speaking to i:he
fact that there were statetments being made by some City staff, Union
Members, and specific Commissioners that are misrepresentative of the
truth. She affirmed she has also previously stated during the Budget
Hearings that most of the cuts tllade; to the Budget were for those
programs directly benefiting the citizens of Longwood: lil walking the
City this past month or so, she stated she has personally heard concerns
about isolated flooding issues, damaged or raised sidewalks, speeding
along the residential streets, and eortcerns for the safety of our
neighborhood children. She said she has also heard concerns about
commercial businesses in the City Auld the unresponsiveness of City staff
to citizen needs. She stated these concerns have been passed on to those
representatives who have taken the tithe to listen and to show respect for
riot only hear concerns, but those of :her fellow Longwood residents. She
said these. representatives do not roll their eyes at her, and they do not look
forward and play games on their computers, they listen. She stated they do
not always agree with her, however, they do take the time to explain why
they disagree with her line of thought. She declared that was what the
Commissioners were elected to do as citizen representatives. She off rtned
aspirations have been made against her candidates of choice that are
untruthful. She said she would li:'~e to address some of: these; wltruth,
rumors of wanti~tg to get rid of the l_~ire Department. She stated this cannot
be done without a vote of the people as it is in the Charter. Untruth,
rumors of taking away health benefits for City employees. Untruth, rumors
CC 10-OS-09/501
of self-serving requests to the Administrator for programs and issues that
directly benefit the citizens. She said a request to the Administrator to
address citizen. concerns was not self-serving. Untruth, rumors of not
being business friendly. '.She. stated recently there was. an issue about a
request for smoke detectors by a.homeowner's group. She said Longwood
has in the past had a program that gave smol~e detectors away for those in
need. The program was originally funded. by the State and this year the
program was cut along. with other programs such as CPR and first aid
classes that directly benefit the citizens. She inquired how many more
programs, especially those concerning the safety and well being of City
residents,llave been cut. She asked what programs the City now provides
compared to what was previously provided. She said response by
Administration to citizens' requests was poor. She stated staff members
were reluctant to provide information as if there were a gag order. She said
this new attitude was not citizen friendly. She stated she has enjoyed
walking with, listening to, and connecting with 11er fellow residents
throughout the City. She said she has been truthful based on the facts, and
she only wished that those previously mentioned would act accordingly.
Kathy Beacham, 204 Sheridan Avenue, said she was speaking in regards
to the fence in Wiiisor Manor subdivision for Steve and Kathy Dorris. She
stated that prior to Mr. and Mrs. Dorris putting. up this fence, they
constantly had kids on their properties leaving trash, cans, fishing lures,
fishing bobbers, everything on their property. She said that she maintains
that property on her side amd goes down to cleanup all of this mess. She
stated these children would constantly be harassing her clogs by ruiuting
up to the fence, and beating on the fence. She said she cannot believe it
has come to this with the fence that Mr. Dorris .installed. She affirmed
there was at least 800 to 1,000 feet for people to get in there to fish, boat,
whatever t11ey need to do. She declared the fence .should stay up and
reiterated there was plenty of room for people.
Andiea Elukovich, 164 Sheridan Avenue, said she has been in the
neighborhood approximately tluee (3) years. Wlien she first moved in the
.fence was not there and since it has been up, it has added a maj or
improvement to the area. She stated before the fence there was a lot of
trash scattered and children. do not have parent supervision. She said the
trash would .gather in the area,where the bench is,now located. Since the
fence has .been up people seem to take a little more pride in this area. She
stated she was concerned that if the fence comes down it will revert back
to the oldhabits. She declared this has gotten way out of hand, and said it
was not blocking access. She said this was a natural extension to the lawn
and any one of them who would .own that property would feel a
responsibility to keep it clean. She stated the Dorris' have been keeping it
clean, mowing, and have planted bushes to make it look attractive. She
said she was appalled that a few neighbors were veing this petty.
CC 10-OS-0.9/502
Marie Adamour, 612 Fallsmead Circle, said The Landings had a Fall
Festival aizd theywere so proud to be able. to put. on a eonnnunity event.
She stated they wanted to bring ev~.rybody out to this event. She said they
have several new neighbors and this con~muiuty event seemed to be the
perfect solution to getting people out, meeting: neighbors, and talking
about safety and Neighborhood Watch. She stated in the course of trying..
to get sponsors she made calls and she was trying to get smoke detectors
for the elderly. She said she contacted the Fire; Department originally and
- they said their budget had. been ~~ut and they were no longer able to offer
these at this time. She stated she; made a few other phone calls to Salvation
Army and another organization to be told there weren't fiords to help out
in any sort of way this year. She said it came to mind. to call a person who
attended o~1e of their meetings a few months back, who was Commissioner
Sackett. She stated he had helped with a problem they were having with
Waste Pro damaging the curbs. She said The landings pays for their
lights,, irrigation, water system, their own aquatic biologist, and their ow71
roads. She stated it was natural for her to contact Commissioner Sackett to
ask him if there was anything he; could do to help them in this conununity
event. She said he agreed to make few phone calls to see ~~hat he could
do. She stated he called her back a day later and had twenty (20) smoke
detectors he could offer. She said they invited all sponsors to come to their
event to see how their good deeds -were getting used. She thanked
Commissioner Sackett and affirmed that there was no politicking, no
signs, and no statements made that he ~uas riunung for re-election. She
thanked the Fire Department and everyone that participated in their event.
She declared it was small events like this that helped children form val:ue.s
they will need in the future to be re:spoiisble citizens.
Mayor Bundy aimounced Items 9 and 9 D have been withdrawn from
the Agenda. L-Ie suggested they do Item .9 A first ai~.d then Item 9 IJ. He
said Item 9 B could be placed at. the end.
C®1~15]E1~17C A~>E1~1~A.
A. Ap~Il•ove I~dgnutes ®f the Se~te:~I~e~ 1.4, 2®09 lExecuntave Session ~an~
Septean~Oe~ ~4, 20m9 ~egn?ar le~ea;tgaag.
)g. 1Finaaa~e )IDgvi~ioxa of the Fgna~na:iall Seg°vice~ ~e~a~t~ale~at a-ec®muae~acl~
p~~ynnent o~ appg ®ved hilly t'o~° Septena&~er 2~?®9.
Conulussioner Sackett moved to approve the Consent Agenda as
presented. Seconded byCommissioner Durso and carried by a
unanimous roll call vote,.
~liJlf~>I.,IcC lEl[>FA1~I~t~S. None.
9. It]E',~>tJLAI~ >~~JS~l~lESS.
A. 1~~. ~~~°th ~®lton, ~°eg~iese~nti~cg lPr®~e~ty A~eseanea°, J<~ac., ~ecganest~ ties
mn~tte~ ~eg~rdin~ ~ C~rde~ )En~'or+.eYUe~nt ]Lien ag~in~t tlnc~ ~~°®~e~ty
CC 10-OS-09.'503
flocated at fl04t1 Rearms StIl•eet be g~l~ced on the ®ctobe~ fl9, 2009 City
CoIln?nIlSSion AgeIlflda.
Mayor Bundy said in discussing this with the Acting City Attorney he had
not received any of the documentation on this from Codes Enforcement,
and said he did not have a problem with placing it on the Agenda for the
next Meeting.
Conunissioner Durso moved to approve Item 9 A, Request to Place
this Item on the Agenda for the next Meeting. Seconded by Deputy
Mayor. Maingot and carried by a unanimous voice vote.
Mayor Bundy infoi7ned Mr. Bolton that any documentation he wished to
present needed to be provided to the City Clerk by noon on Monday,
October 12, 2009.
MayoIl• )~Il~ndy Il°ecoIlnIlnends tlIle City CoIlnnnission read by title only
and aclop~ Resolixtion l~To. 09-fl23'~ sec®gnizing City Govcu~nIlffient
Week, ®ctobeIl• fl~~24, 2009.
Mr. Roper read Resolution No. 09-1235 by title only.
Deputy Mayor Maingot moved to adopt. Resolution No. 09-1-235,
as presented, Item 9 B. Seconded by Commissioner Holt and
carried by a unanimous roll call vote.
C. Acting Fire Chief g~ecoIlnIlnends the City CoIlnIlIlnission apg~Il-ove an
flnveIl~ted ]PIl~Il~chase OIl•dcIl- foIl Advanced data Pr®cessing, flnc. (A~Pfl)
not to exceed X43;000.00 and aIlathorizc the City AdIlninistIl~atoIl• go sign
alfl associated docIlIlIlnents.
Mayor Bundy announced this Item had been withdrawn from the Agenda.
flD. Acting FiIl•e Chief Il~ecoIlnIlrIlends the CIlty CoIlnanission apg~Il°ov~ an
gnvc~ted PnIl°chase OIl-der foIl- ~IlneIl•gency Vehicle Il°epaiIl°, gnc. (]E'VR)
not to exceed X32,000.0® and autho~°ize the City AdIlninistIl•atoIl° 4o sign
afll associated docIlaments.
Mayor Bundy announced this Item had been withdrawn fi-om the Agenda.
lE. CIlty AdaninIl~ta°atoIl• asks the City C®InIlniSSll®n discIlIlSS the allo~~vance
oa• a-eIlrIlOVafl of a fend eIl~ected on City g~~operty located at 162
SheIl°idan Aveffi~Ile in t1Ile Win"s®~ 1l~dano~° SIl~hdivIlSIlOn.
Mayor Bundy advised the Commission held an Executive Session prior to
the last Conunission Meeting to discuss the potential litigation regarding
this matter. He regLiested the City Attorney to express th.e City
Cormnission''s position.
CC 10-OS-09/504
Mr. Roper advised in Executive 5essi.ons no affirmative action can be
taken by the govei-ramental entity and in this particular case, no formal
action or vote has been talcetl. He said, pursuant to discussions in the
Executive Session, it had been advised that it is the right of the Longwood
City Coiilmission to either have the fence in question left tip or removed.
IIe .stated there was no case .law precisely on point. Tlae case law that is
closest that has been cited by th.e VJir:sor Manor Homeowner's
Association Attorney, Mr. Winston Davis, is a case called McCorkadel
versus Keaton out of the Florida Supreme Court and involves beach
access. Ide said given the fact this was dealing with public access on
public property, th.e City Attorney has recommended to the City
Commission it was within the City's ~~wn purview authority to decide
whether the fence should be removed or stay. He advised that it was his
personal recoinmendationtbat consideration needs to be given to the :Fact
that if the feia.c.e stays up, the City of Longwood would inevitably be sued
and there is n.o guarantee that the City of Longwood would be successful
in any such suit. Ide stated there were no guarantees either way for the
City in this potential litigation that has been threatened by Mr. Davis on
beaaalf of the Homeowner's Associati~~~n. He reiterated the City Attonley
has recommended to the City it was tl.aeir decision to make regarding
whether to leave the fence or take it down. and i:Fthe City gets sued in that
matter, they caiulot guarantee the Cite will prevail. He advised this needs
to be brought to a vote by the Commission for action either way.
Deputy Mayor Maingot advised that the Attorney represents two (2) of the
property owners in this entire subdivision, and not the HomeovtTner's
Association. He said there was a threat of litigation, but at the same tune,
there is something in Florida Law lctlown as adverse possession, which in
actual fact is like squatters rights that once you are in occupation of a land
or using it for over seven (7) years.. In. this case; they have been there over
thirty (30) years. IIe affirmed that 1.1e looked back at the August 8, 2006
letter by the Community Services Director at that'tiiale, in answering Mr.
and Mrs. Dorris' query of whether an~~ther homeowner approached the
City after a fence was erected and petition to have t11em remove the fence
or make provisions to purchase this 1Gsad from the City without the Dorris
Family being granted first right of :refusal. He said it continued onto say
the Building Permit Application was allowed to the homeowner to erect
the fence on City owned property, thus, the fence cannot be removed by
petition, because the homeowner vas applying for the pet•~nit on behalf of
the City. He stated that he saw onE: point of resolution on this and said
there was an abundance of opportunity :For people to enter Lalce Winsar
and dais lawn area. He said the fence occupied only a small portion of the
area. I-ie stated it was two (2) people crying to force the issue forward. He
suggested the City make the property enclosed within the fence available
for purchase to the Dorris Family to end dais matter. He said there were
numerous properties in and around L~~lce Wi:n_sor that are fenced by the
current homeowners. Ide stated the City could not deal with o~.1e without
dealing with the others. He asked ttie Commissioners, City Acinainistrator
CC 10-OS-091505
and City Attorney to consider what ramifications would be involved in
offering. that property for purchase by the Dorris'.
Mayor Bundy asked the City Attorney if they were free to discuss what
was conversed in the Executive Session regarding this matter.
Mr. Roper advised for the Commission to know full well that if there i~s a
vote tonight and it results in litigation being filed, the City runs the
potential of waiving their privilege.
Mayor Bundy said Deputy Mayor Maingot brought up the adverse
possession, and he inquired if the contract was very specific in that the
Gity retahis the right to remove it.
Mr. Roper responded in the affii7native. I3e said that adverse possession
does not have an effect on this case, given the fact that the fence has only
been there since 2006.
Mayor Bundy said when the property in question was given to the City, it
was provided for public access.. He stated they could potentially end up in
litigation and lose.
Mr. Roper said that Mr. Davis in his .letters states that he represents
several owners of property in Winsor Manor and that he has been given
the right on their behalf as Members of the Homeowner's Association hi
and for Winsor Manor to file suit on behalf of those multiple residents.
Commissioner Durso inquired if the City had ever been given any
documents in any manner or leas it been communicated in any way that the
Homeowner's Association has.. voted to allow this particular individual to
file suit or has t11e Attorney presented any documentation that shows 11e is
representing the Homeowner's Association.
Mr. Roper responded in the negative.
Conunissioner Holt inquired how many parcels the City owned.in that
area.
Mayor Bwidy said he believed it was two (2) in that immediate area.
Commissioner Holt.inquired if they were conjoined.
Mr. Roper responded ri the negative.
Conunissioner Holt said the property within the fence was owned by the
homeowner and the City. He inquired if there was any additional property
owned by the City.
CC 10-05-09/506
Mr. Roper advised not in that immediate area.
Commissioner IIolt asked Mr. Dorris how much of the property he owned.
Mr. Dorris said lion the end oftl_ie patio on the south side of the buildvzg
was the end of their property line acrd from there down was City property.
NIr. Roper advised this portion o:Cp:~operty was deeded to the City by th.e
Developer.
Steve Dorris, 162 Sheridan Avenue, said he had the gate put in so he could
get the mower tluough to rnainta:in the property.
Cornrnissio.ner Sackett said the A.ttcrney states that the plat was dedicated
to the City for perpetual use of tb.e public and the fence does not allow the
public access for that use. He stagy>ed as Deputy Mayor Maingot stated, can.
this be resolved by selling that portion of the property and keeping the
fiont for the City.
Connnissioner Durso left: the meeting at 7:54 p.m. and returned at 7:56
p.m.
Connnissioner Sackett inquired i`Eit was possible to have the plat that is
the front rectangular area remains as the City's where the bench is acrd sell
the back property.
Mr. Roper said he was concerned. because it states the streets, easements,
and Lake Wirlsor shall be dedicated via the plat to the perpetual use of the
public.
Conunissioner Sackett said this ~~~otild n.ot deny access to Lake Winsor if
the front was left as a City plat.
NIr. Dorris said. the public has about 700 to 900 feet of access to the Ialce.
Mr. Roper said his concern was the word "perpetual" and stated he needs
to research the matter.
Mayor Bundy said it was going to come Blown to the language i.n the
dedication and whether the City can legally do this.
Conunissiorrer Holt said the City allowed the fence to be installed. He
suggested to take the last section of the i:ence out and asked :if that would
make everyone happy.
Ml. Dorris. said the fence the way it is protects the pool. He stated with t:he
latter they have in their possession by the City i~f Longwood, if anybody
CC 10-OS-0!x/507
goes on the other side of that fence, they have the right to call the police
for trespassing.
Mayor Bundy said the letter was only part of it. Ike stated there was a
contractual Agreement and they have to look at that as well.
Conunissioner Holt said he wanted to see all of the documentation
regarding this matter.
Conuliissioner Sackett said he wanted an understanding of the plat and
how it is defined.
Mr. Roper reviewed the language of the Agreement for use of this City
- owned .land.
Mayor Bundy requested Chief Jackson to comment on t11e fence Code for
swinuning pools.
Chief Jackson said he could not quote the Code on this matter. He stated it
would stand to reason that it would have to be fenced at all accessible
points.
Kathy Dorris, 162 Sheridan Avenue, said the pool was built in the 1980's
aild it was grandfathered in as far as how it was fenced. She stated every
house on the lalee that has a pool is exactly like. this one with .the fence
going down to the lake.
Mayor Bundy suggested they postpone this or table it to a time certain to
allow time for the City Attorney to research some of the questions that
have been raised.
Conunissioner Durso reiterated that he wanted to see documentation
whether the Attorney has or has not been given permission by the
Homeowner's Association to represent them.
Mr. Roper read from the letter dated June 14, 2009 from the Attorney that
stated, "Several owners ofproperty in Winsor Manof° feel that this action
by the City of Longwood is illegal and p~°ej:udicial to their ~°ights.
Therefore, said owners demand that the City immediately take action to
withdraw the permission granted under the Agreement for use and instruct
Mr. and Mrs. Dof°ris to remove the fence. Those owners also wish to be
shown some reasonable proof that the City of Longwood does, in fact, own
this parcel as evidences to the contract. "
Deputy Mayor Maingot said the Mayor's point was well taken to table this
matter to a time certain. He stated Cormnissioner's Holt's comments were
most appropriate in terms of seeing how they can seek a way to resolve
this matter.
CC 10-OS-09/508
Convnissioner Durso moved to table to the next Conu~ission
Meeting on October 19~'. S~sconded by Deputy Mayor Maingot.
Convnissioner Holt said that all patties needed to submit the appropriate
documentation. He asked the City :Attorney to also have the June Lt''
letter available.
Mr. Roper said he would also provide a copy of the Agreement for use of
the City owned land. He stated the City Clerk provided him with the Code
on swimming pools and it was standard in Section 5.3.1 of the Longwood
Development Code.
Motion cai7ied by a unanimous roll call vote.
fl®. ~I['>['~' A~1VgI1~1<STI2A')['®1~'S ~>P®R;'>C'.
Ms. Powell reported she received a letter from Waste Pro aiuiouncing that they
are decreasing our monthly rate for solid ~Traste pickup by forty five cents (45
per month per residence. She said she would be bringing this forward on the
Abeiida next month.
Nts. Powell reported she needed to do a budget transfer this past weel{ for a
request fiom a Convnissioner whom she was told also carne iii today to pay tlis.
She said in the interim she needed to do a budget transfer. in the amount of
$159.80 far the purchase of smoke detectors for The Landings community event.
She stated she was bringing this forward :For the Commission to approve because
it was from another Commissioner.
Convnissioner Sackett said this was the first time he lzad heard the total atnount of
$159.0. He stated he has offered three (3) times to pay :for these.
Convnissioner Holt said a woman from Th.e Landings spoke and said these were
donated. He asked for an explanation.
Ms. Powell said Con iiissioner Sackett asked her for some smoke detectors anal
tugfortunately everything had been cut oiit ~~f the Community Relations 1i11e in the
Budget. She stated that apparently three (3) weeks ago the City was approached
for the smoke detectors and was told that vve did not have the funds available. She
v~~as not aware that conversation had taken place. She said Commissioner Sackett
asked her for the smoke detectors and slue purchased them. She stated they were
doing a budget transfer to cover the cosi:.
Commissioner Sackett explained that three (3) weeks ago Mrs. Marie Ada~nour
asked for twenty (20) smoke detectors and explained what they were for. He said
when he spoke to Ms. Powell he was told that mission essential was what was
available in September and she could look at it in October. He did not know the
word budget transfer was in there and when he heard that on Friday, he
electronically mailed back that he would c~.rt the check vid his family would
CC 10-OS-09/.09
personally donate these. He affirmed he was still willing to pay the $159.80 and
had plaiuled on paying for these. He stated when Mrs. Adamour asked for these
she was originally told thatthe Fue Department didn't have anymore and then he
was lead to understand that after October 1st we could probably get them. He
stated he had no inclination it would happen as a budget transfer and he reiterated
he would write the check for the $159.80.
Deputy Mayor Maingot said that he understands Commissioner Sackett did come
with.an attempt to meet with the Administrator to pay for t11is ai~.d it was
unfortunate that she was occupied in her office and he was unavle to go tluough
with the transaction. He stated he did not see the need for a budget transfer if it
has been indicated Commissioner Sackett is willing to pay for that.
Ms. Powell said the issue was that the City already bought them on a pLrrchasing
card so they leave to have the money in that account to cover the -cost which is
why the budget transfer has to be done.
Conunissioner Holt inquired why didn't he just go to Home Depot and purchase
the items.
Commmissioner Sackett said he would have done that if he had been told that way.
He reiterated he was told that after October 1st they would be purchased and he
did not hear about a budget transfer until Friday evening. He stated they were
picked up at the Fire Department around 4:30 p.m. on Friday. He said the
commuiucation was poor regarding this matter.
Commmissioner Durso said he appreciates the fact that Conunissioner Sackett is
willing to pay for these after the fact. He stated Conunissioner Sackett said he
didn't expect it to be a budget transfer and inquired what he expected it to be. He
said it has been made clear by this Commission that they don't have the money
and should be cutting, a little fiuther. He stated he saw a picture of Commissioner
Sackett's campaign logo with the words "smoke detectors donated by" beneath it.
He inquired if Commssioner Sackett could explain this.
Commissioner Sackett said lie expected that the Fire Department would Have
twenty (20) smoke detectors available and he was told they could be picked up at
the Fire Department. on Friday. He stated he would have written a check at that
time or earlier had he known. He said he understands Ms. Rachel Jackson from
the O~°lando Sentinel called today and asked the same thing about this picture. He
stated he spoke with Ms. Adamour and as she stated, this was not a political event
and he did not remember a picture .like that at all. He declared if it was there and
he had seen it, he would have taken it down.
Deputy Mayor Maingot said it was more than likely that this was prepared and .
Conunssioner Sackett never saw this.
CC 10-05-09/510
Mayor :13uncly said if it was apre-printed poster, and that was the assumption
w11.en looking at the photo, then why were the smoke detectors purchased with
City dollars. He stated he could understand miscornnntnication.
Deputy Mayor Maingot said the person who spoke here this evening was probably
n.ot aware of all drat is involved in campann issues and legalities involved.
Mayor :Bundy inquired why didn't the sign say "smoke detectors donated by the
City of Longwood". He said the City of Longwood's Fire Department logo was
on the sign for some other reason and tl:ier~, was a City logo dianlcing the
Stormwater Department for providing the tables for the event. He stated this was a
sticky situation. He said, as they all k~low, in campaigns candidates get people
who arc not immersed in campaigns like they are and it was easy for them to
misapply. However, it was still the candidate's responsibili y.
Deputy Mayor Maingot said 11e saw this as a misrepresentation rather than a
calculated situation.
Mayor :L3u~idy asked the City Attorney hove this matter could be fixed.
Commissioner Sackett read the electronic :mails that went out and said h.e tivas
surprised that picture was available like th;~t and this tivas d1e first time he was
seeing i.t. He reiterated that he v~~ould prefer to write a check to the account line.
Mr. Roper said this was first brought to his attention when he walked in this
everting. He stated he didn't lalow of an_y reason as to why Conmiissioner Sackett
could not pay that atr~ount if he so chooses to do so. He said there were still a lot
of ur~lcrrowns and. from what he has heard j:rom. Commissioner Sackett he denied
any prior lalowledge of the photograph that has been put into the record. He stated
as it was pointed out, candidates have overzealous individuals who do things on
their behalf without their knowledge. He said these things should be known, but
he hasn't heard any o:Ethat this evening., He urged everyone to tread carefully on
the second issue.
Commissioner Holt suggested Corrunissio:ner. Sackett pLUChase twenty (20) smoke
detectors and give them to the fire Department and call it even.
Mr. Roper said he didn't see any reason. that wouldn't work either.
Mayor :Bundy said the first issue was the f~ayment. 1=Ie stated the City has already
purchased them and the Administrator wa:; looking for the Commission's
permission to do a budget transfer. He said if Commissioner Sackett warlt~ to
write a check, however, the finances work, he can handle that. He asked the City
Attorney if lie would be comfortable in looking into the. questions that are
unanswered.
Mr. Roper responded in the affirmative,.
CC 10-05-09i'S11
Deputy Mayor Maingot inquired how the Orlando Sentinel reporter got hold of
the photograph they have seen this evening.
Ms. Powell said the photograph was sent to her by electronic mail and the reporter
asked her for it.
Mayor Bundy said it was sent to him by electronic mail and he forwarded it to the
City Administrator. He stated lie did not know who sent it to hint. He said by the
same token,, they have to recognize the fact that City funds were used and there
was a sign that states they were donated by a candidate. He declared they have to
look into this. He said the City Attorney was in a better position to look into this
matter than anyone.
Comrrnissioner Sackett said if they had time to send this photograph by electronic
mail aroluld to everyone but him, he had a problem with that, but l1e would
address this with the City Atton7ey.
Deputy Mayor Maingot said there was definitely a problem somewhere. He stated
he can see w1lene Conrmiissioner Sackett has tried to make every attempt to
communicate with the City Administrator regarding this issue and was not able to
get tluough to her.
Ms. Powell said she received a call on Saturday about Firefighters being on
location at tlis particular event and concerns that it was a candidate's campaign.
Slze stated she had no idea there was that kind of event going on. the said
Conunissioner Sackett had just stated he needed smoke detectors for a community
event. Apparently, the Fire Department was asked a couple of weeks ago to
participate in the event and when they showed up was when they found that there
was a candidate there and felt uncomfortable being there.
Comrrnissioner 5aclcett declared that needed to be retracted. He said he was not
there as a candidate, he was there as Connmissioner Sackett.,
Ms. Powell said the Firefighters were also concerned that their logo was on the
sign saying they would be installing smoke detectors. When she received the call
she spoke with the Acting Fire. Chief and asked him fio look into the matter. He
spoke to the people there and she gave them the go ahead to leave as they had
stated they were uncomfortable.
Deputy Mayor Maingot said the same connnnent made about the Firefighters being
concerned about their logo being there can also be translated to Conmlissioner
Sackett not knowing :about what they are seeing being transmitted to the City
Administrator. He stated it seenns to be a genuine misunderstanding by the parties
who were putting on this event in their wanting to show appreciation to the
participants.
Mayor Bundy said this was why they need the City Attonley to ask those
questions of the people iizvolved.
CC 1.0-OS-09/512
Ms. Powell said that Mr. Roper was also aii employee of this Commission and she
suggested they have an outside person investigate this matter.
Mr. Roper said they were putting t11e cart before the horse. He stated he did not:
like the term investigation and said he 11ad :cio problem. in speaking with the
effected parties. He advised it should be lcn.own that at. some point in time he m.ay
have to step out of the way if an investigation is initiated.
Conunissioner Sackett read a letter into the record from him as follows:
"A few months ago when Ms. Powell was selected as our Adn~ini trator, I h.ad
reservations about the process acid the selection. A few weeles .ago while speaking
to our Police Cluef he commented that h.e was pleased that I had said that I would
gladly give her the opportunity to serve ow• community.:6eing in education, I
understand there is a leariung curve and I expected some clarifications be needed
as she progressed in establishing. her team. I did vote against the Budget for many
reasons, but I was pleased wi h the. process and I was able to meet with Ms.
Powell and Mr, Jon Williams in anticipation of understanding the line items vi the
Budget. This was a lengthy meeting and it :helped to lead me :into some guiding
questioi:ls relating to certain expenditures during our Conm~ission Meetings. Also,
a while ago Connnissioner Dtuso, and I th~u~lc lum for saying this, encouraged us
to ~.neet wi 1i Ms. Powell should we have; any concerns that need addressing.. This
I am sad to report has been problematic :Eor me. Two recent events have occuz~ed
in which I have had difficulty in communicating with the Admiiustrator.
According to my phone records, on Septerrcber 14, 16, four (4) times on
September 24t1i, September 30t1i,. October 3'`l, and tv~~o (2) times on October 5t1i I
have had only one call back recorded from Ms. Powell. I have also stopped by
numerous times and have not been able io see Ms. Powell as 1VIs. Jaime said she
was in meetings. So, I am at a crossroad. I :need to be informed and conunutucated
with in order to widerstand concerns of our citizenry. It's my duty. Recently, I
attended two (2) comrrlLUiity events and one. was a request by citizens suilotinding
Roek Lake and their need to have some :help getting a panel discussion together. I
ain proud that I facilitated this meeting and the organizers are pleased with t:he
outcome. h1 reference to the meeting, I electronically mailed Ms. Powell with a
litany oi.' concerns that have been recently brought to my attention. I've deleted
some of these concerns as they are not relal:ed to the two (2) connnunity events.
T.he other uivolves .smoke detectors being available far a cormnuiuty event tabs
' past weekend. Again, this lack of comnruiv.cation and via electronic mail only has
hindered effective delivery. I was not aware that these smoke detectors were not
available due to cuts in the connnunity pro;;rams, but now I am. I was told that
they would be purchased after October 1s1. Tl1e transpiration of events is included
in this e-mail: `I was surprised today when I received a call from the news
network asking about the smoke detectors. I responded to them basically by the
chain of electronic mail conversations with Ms. Powell. I have stated prior to the
event that l will not deficit the Budget for these detectors, but I will pay for them.'
Tlus message was sent prior to the event: arcd when I went in today to pay was
discouraged my attempt. Relevant electronic mails began alter the initial phone
call in September asking for assistance icorn The Landings in getting the twent~~
(20) smoke detectors for this event this past weekend. I believe in orderto put
CC 10-OS-09/`i 13 _
closure to this topic, it is necessary to make sure t11at we have professional
communication. with our Administrator. I thank you for your time."
Ms. Powell said during the Budget Work Session all of the information from the
Departments was passed out that clearly showed the Community Relation line
was completely depleted, including smoke. detectors. She stated she wrote down
the items listed in lus electroiuc mail .sent to her and provided these to the
Department Heads. She said she had responded to him with answers to all of his
questions, even those that did not apply to The Landings. She stated she didn't
know anything about the telephone calls,, that she calls him back when she
receives his call. She said that Ms. Shearer had told lum she would get her on one
occasion when. he came in and Conunissoner Sackett told lVls. Shearer not to. She
stated she was there to meet with him and if there is a staff member in her office
the Commissioners are more than welcome to come ui. She said she needed to do
the budget transfer in order. to get this item paid and if he desired to pay for these,
then that was completely up to him. She stated she would prefer that
Commissioner Sackett donate that money to the Fire Department for the smoke
detectors because thatline item has been depleted.
Conunissioner Durso moved to approve the budget transfer to keep the
books straight per the recommendation of the City Administrator and
accept Commissioner Sackett's reimbursement. Deputy Mayor Maingot
seconded the motion.
Commissioner Holt said the motion was good until the last part. He stated what
Conunissioner Sackett was up to lum if he chooses to do it. Ike saiel he would
either amend the motion or Commissioner Durso could drop that portion.
Commissioner Durso said the part about Cormnissioner Sackett was already out
there and has nothing directly to do with the business of the City, so he will
amend the motion.
Conunissioner Durso moved to amend the motion to just approve the
budget transfer. Seconded by Coirunssioner Dolt.
Comrriissioner Sackett asked the City Attorney for his opinion since this seems to
be an integrity challenge, and he believed he was doing the right fhiilg at the time
with the information he had, whether he should vote on this or abstain.
Mr. Roper'advsed it would be wise on Connnssioner Sackett's part to abstain.
Deputy Mayor lVlaingot said it was quite evident that there was politics being
played from the dais toiught. He stated the situation was being blown right out of
proportion.
Mayor Bundy said the intent in amending the motion was to remove the politics
front it so that there was no qualification as to the right or wrong on this matter.
CC 10-OS-09/51
He stated this way the Administrator can conduct the business of the City and
move forward.
Deputy Mayor Maingot said he did not believe Conunissioner Durso had any
political intent in his motion, but he sees tl~e entire matter as being extremely
political.
Commissioner Durso said he would life to call the question.
Motion to amend carried by a t1~-ee/one/zero roll call vote with Deputy
Mayor Maingot voting clay .and Co~lunissoner Sackett abstaining.
iVlain motion, as amended, failed tc~ carry by a two/two/zero roll call vote
with Deputy Mayor Maingot and Commissioner :[Iolt voting nay and
Commissioner Sackett abstaining.
Commissioner Holt moved to approve transferring funds from line 5200 to
the 400 line to balaalce. Seconded by Mayor Bundy and carried by a
flues/one/zero roll call vote with. D~:puty Mayor Maingot voting flay and
Conunissioner Sackett abstaining.
Mayor Bundy inquired if there was any further discussion on this issue or
direction. He asked if the Commission wanted the City Attorney to make the
telephone calls and aslc the questions or not.
Deputy Mayor Maingot said he did not see any further need for that and stated
they have already done what they needed to do this everting.
fl)<e MAC'®fl~ Al~)[? ~®MM1IS~jl®I~11E1~~' ll~IE,P®ll2'~'.
~ast~-ac~ Mayor Bundy reported he received a telephone call by a gentleman
whose sou is getting married next October 9tl'. He said when the Rules were
changed a few years ago the lead tulle for a resident to rent the Building was
extended and it was shortened for non-residents. He stated this gentleman lives
just outside the City limits and is limited tc~ a six (6) month rental time. He said in
talking to staff he was informed that they ace working on some revisions to the
rules that they will be bridging forward ;end this is orze of the items being
addressed.:EIe advised the Building was available ou this date and asked if the
Commission would consider waiving the limited six (6) month rental time.
Deputy .Mayor Maingot said he remembered that last year Mr. William Bentley
who owns a business in Longwood wanted to rent the Builcing for his sod's
wedding and he had the same problem. leis request was denied and they had to go
elsewhere.
Conunissioner Duuso left the meeting at 9:02 p.m. and returned at 9:03 p.m.
Mayor Bundy said had Mr. Bentley brought his request before the City
Commission they probably would have looked upon his request more favorably.
CC 10-OS-09/:~ 15
He reiterated that this was going to be one of staff's recommendations because
someone wanting to rent the Building for a special event camzot wait until six (6)
months out. He stated this gentleman was being. honest and not asking a City
resident to rent the Building for lum.
Corrunissioner Sackett said one of the perks of living in Longwood was that we
have this beautiful Building. He stated tluee (3) years ago when they set the fees
and rental times, it was done specifically to help the residents. IIe said he admires
that the gentleman was honest and had not asked a resident to rent the Building
for liim.
Mayor Bundy moved to waive the six (6) month rental time to allow him
to reserve the Building for October 9, 2010. Motion failed due to lack of a
second.
Mayor Bundy reported that he and the City Administrator attended a meeting
today regarding SunRail, and High Speed. Rail. He said there were representatives
from South Florida attending stating that we must get the job done. He pointed
out after the meeting that if their Senators liad voted in favor, they would not have
had this meeting. He advised Tampa was now underway wifh plaiuiiilg stages of a
Commmuter Rail System. He stated it was a good meeting and said that tomoi7ow
afternoon he will be reprising the presentation he previously made to Senator
Paula Dockery and making that presentation to the Federal Transit authority
Chair as well as people from the Atlanta Regional Office and people from
Washington, D.C. He said they were praised for those they got on board, but they
were chastised that they did not do enough to get the State onboard. He stated he
would provide the Administrator with a list of the Senators and suggested each. of
the Commissioners contact them. He said through the Florida Association of
Counties they are making requests that the Associates in the Florida League of
Cities in Sout11 Florida, Tampa, and Jacksonville place pressure oii their
legislative delegation and to take this very seriously. He reported they were
notified today that there is the possibility for additional funding from the Federal
Goverrunent for the Commuter Rail in addition to what they are proposing for
High Speed Rails.
)~P~t1'llC~ Commissioner Sackett said Booville was coming up and he also saw
an electronic mail regarding the Haunted House coming up. Ide stated it said it
was sponsored by the City of Longwood and said it was really not a sponsorship,
but a donation of materials that now belongs to them. He said he plans on
attending the Haunted House and hope it goes well for Mr. Michael Towers aild
Habitat for Humanity.
Commissioner Sackett said he had a conversation with Dave'and Busters
following the last Commission Meeting. He reported during his walking tluough
the City he met the person that handled the sale of the Pic'n Save and she
indicated there was a store looking at coming there and inquired if the Mayor had
heard anything regarding Wal-Mart Neighborhood Stores coming to that area.
CC 10-OS-09/516
Mayor Bundy said he had not heard anything and said. that Publix had not rejected
it outright. He stated the last meeting he h~:d with Mr. Whute t11at he provided Mr.
White with the contact information for Dave and Busters Real Estate people. I Ie
said that Wal-Mart has always been sonie~~vhat interested in it.
Conunissioner Sackett reported he had a large group that would like to meet with
the City Administrator, himself, and the City Enginee:e on a project that could be
brought to Longwood that involves com.lectivty between the City's Parks.
)f~as~~°i~t #fl. Deputy Mayor Maingot reported on Sunday, December 3rd the
Longwood Carolers will be in action. H;, said he inquired about the Tree Lighting,
which will be on December Sth. He stated this will be the tenth (lOt~') year for the
Longwood Carolers.
Deputy Mayor Maingot said during lus walking tluough the City in the Skylark
.Subdivision on Meadowlark Cowa there- were four (4) sections of sidewalk that
were cut out over four (4) to six (6) months ago. He said this was something that
City staff needed to fix. He stated he had a discussion with Chief Jackson and
there were numerous homes on the east side that were unoccupied that have tall
weeds and grass. He said the residents near those areas were unhappy about this
si uation. He stated Chief Jackson has beery in contact with the owners and notices
have been sent. He said the City needs to address fhis and something needs to be
done about this matter.
Mayor Bundy said Longwood was not fhe only ones struggling with this. He said
the Intergoverrunental Relations Cormiritte:e ha.s taken this up as one of their
potential legislative action items, dealing with foreclosed properties and having
them maintained. He stated it is very complex and said the mortgage companies
were not going to do anything because they don't own the property and there was
a liability issue.
Deputy Mayor Maingot suggested the CitS look into some grant money. H:e sa_id
the City needs to look at how tlis can be approached and a possible solution.
Deputy Mayor Maingot said just prior to the expenditure freeze going into affect
there were a number of sidewalk sections cut out in Columbus Harbor and :it has
not been repaired. FIe asked the Adminstrator to check into this matter.
Deputy Mayor Maingot said he was saddened by what transpired here this
evening with regards to Commissioner Saiilcett and he hopes that they maintain
some form of civility, understanding, ar~d appreciation of each other.
)~>i~t~°iicii Cotnrnissioner Durso said he had a question with regards to the n.ew
per~rlit fee structure staff has been workinL; on and where they were with this.
Ms. Powell said it was being evaluated by Finance at tlis tune. She stated the
costs went down in the Building Division. Therefore, our fee structure needs to
CC 10-05--C~9i 517
reflect that because only permit fees should cover the cost of doing business in
that Division.
~Dis~ra~~ #~o Commissioner Holt reported he had. a conversation with the
Administrator in reference to street lighting in conjunction with Progress Energy.
He said there will be a lilllc on the City's website to Progress Energy.
Ms. Powell said that was correct that on the new City's website there will be a
link to Progress Energy and providing illfolmation from Progress Energy
regarding programs and information they provide that the residents don't know
about.
Colrlmissioner Holt said in certain areas some of the citizens were told that in
conjunction with sidewalks in the road pavingprojects that there would be
illuminations placed on these streets. He inquired if we were working on
conlmunieatious to the citizens regarding illuminations oftheir streets.
Ms. Powell. advised we ~~ere working on communication in regards "to contacting
Progress Energy. She said with regards to the street lights, she will needto know
what street and where the location is so that the City can work with Progress
Energy to have them corrle in and install the street lights. Slie stated the City
currently pays for the street lights and if this was something the Con-lnlission
wishes, then the City will do that. She said if someone just wants a security light
installed at their: home then they can call Progress Energy and have those done at
their expense.
Conlznissioner Holt said something Deputy Mayor Maingot touched on with
regards to overgrown property; no one was going to owls. up to who was
responsible because it will. either be in litigation, or abandoned. He stated he
found through discussions that it was first a legal matter whether someone could
go onto the property without proper notification and this hinders mowing. He said
church groups and organizations have contacted him asleing how they can do
something to help the neighborhoods out, and due to the legality there is nothing
they can do.
Mr. Roper said he had hit on the issue, was the owner the bank that has
foreclosed, or is it the person that abandoned the.property. He stated are you a
trespasser, or on the property as an invitee and said the legalities was only a tip of
the iceberg. Unless the legal title owner gives permission to Ue on the property,
there was no guarantee they would notbe sued and it was problematic. He said
that Codes Enforcement can only carry this matter so far.
Deputy Mayor Maingot said they have to find a way to resolve this issue.
Mayor Bundy said that the City cannot expose anyone to a liability. He stated that
they can fine people for not mowing their b ass, but they cannot force them to
1110 W lt.
CC 10-OS-09/518
Commissioner Sackett asked how Church Groups anal volunteer groups go onto
property and help with maintenance issues. He inquired if there was a liability
rider that would allow someone to go oil to the property.
Ml-. Roper said there was probably a master agreement or ge71era1 release from the
property owner. He stated the way it is set up at this time, there needsto be a
legislative change for some type of immunity. -
Commissioner Holt suggested the Commission write a letter or adopt a Resolution
stating we support that legislation.
~E . Y.~ll JL Il A Y. 1l ®JI\1V JL'r Il 9 ~ 1C~tl'_~JC ®~.JL .
NIr. Roper reported the Demetree trial was continued aild lze has not heard back
from 1Vlr. Demetree's Attorney. He said. there seems to be an i sue with Mr.
Demetree's health and that may be the ~°eason for not hearing anything regarding
settlement.
Mr. Roper reported with regvds to the Mary Gamble file he learned this morning
a pre-trial conference with Judge Olin Slinholser in Highlands County Circuit
Cotut has been put on a trial docket for next Monday, October 12t''. He has been
conunanded to be in Sebring that Monday morning at 8:30 a.m. and this creates a
schedule conflict. He said there vas a hearing later on that morning and he will
infoi7n Judge Alan Dickey of this and let lim determine whether the hearing can
be moved. He advised this has been cross noticed and it will require Mr. Cluis
Hill's agreement or some type of order From Judge Dickey.
Mr. Roper advised that one of the things i:tnportant to remember with regards to
Lake VJinsor was that under the Agreeine:nt for the City owned land that was
signed by Mr. Johui Drago on October ~l•, x:006 and executed by Mr. and Mcs.
Steve Dorris on September 4, 2006, it-was agreed between the parties that the City
may remove those portions of the fence tl~:at lie on City owned land at any time, .
should it be deemed necessary. It was also stipulated in Paragraph 5 that this
Agreement may be terminated by either party with thirty (30) days notice. He
stated he would be looking at the plat as r~squested. F[e advised that one of the
options the City could consider was a deed to the Homeowner's Association. He
said it was important to remember that it ~Nas dedicated by the plat for a public
ptupose whether it is owned by the City or by the Homeowner's Association.
Mr. Roper reported there was an Agree:mc;nt by City staff that everything
submitted by Mr. Towers regarding Oakwood was satisfactory and addresses all
of the City's concerns. I-Ie said he was drafting settlement agreements anti will
have something to the Commission wil:hin seven (7) to ten (10) days.
CC 10-O5-OS!/519
fly. CILB'~ C]LIE'~ ~~~~7['. No report.
ILA. A~~®~JIE~. Mayor Bundy adjourned the meeting. at 9:48 p.m.
f~~~'~~
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CC 10-OS-09/5.20
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6NSTRUCTIONS FOR CONIPL9AIVCE VNITBi ~~EI;T90N 112.343, FLOlZIDA STATUTES
A person holding elective or appointive county, municipal, or other local f~ublic office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appoineed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or sh~~ is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father; mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" me:~ns any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of'property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
< s ~ s
ELECTED OFF[CERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE E3EING TAKEN by publicly stating to the ~jssr:mbly the nature of your interest ih the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOSNTED OFFICES:
Although you must abstain from voting in the situations described above, ~/ou otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before malting any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
APPOINTEf~ OFFICERS (c®nt6nued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE fV1EETI~G:
• You must disclose orally the nature ofyour conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed. -
J ®ISCLOSURE OF LOCAL OFFICER'S INTEREST
I,_ ~r~!^~ _C~'~~f: ,hereby disclose that on______~_/~_~~ ~ 20 e~
~ .
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, _
inured to'the special gain or loss of _ _ by
whom I am retained; or
inured to the special gain or loss of____________ which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
_ 4~~ ~ ~
Date Filed , Signature ~
NOTICE: UNDER. PROVISIONS OF FLORIDA STATUTES §'112:317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,. DEMOTION,. REDUCTION IN SALARY, REPRIMAND., OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813.- EFF.1/2000 PAGE 2