CCMtg09-21-98SMMinzonywD oaD c~ ey c s cn inners
Longwood Florvda
septembet z
Present. Mayor R sty Miles
Deputy Mayor R argent
z~lsc ana
ste~e oilier
ity A tatat
raldine D itymClerk
may loxrvJ ity Attorney
Dvrector merry Baker, Public safety Department
RDEA. Mayor Miles call a special meeting to order
at 1:o2Dp.mD O
Taylor explained t of the c t for
/` purchase of the lots, ha if Un istor icaand half r ent ial with two
lots naviny a n naaea zea
ing i r $2o0c0001and for a oappraisal to
betdone, and s tedttheta ual o ould be theMappraisal
peke. if thetsellers w t happyww h the appraisal, the
sellers would have Y optionot obtainrtheir o appraisal and
the price would t age of those twonprices.
Appraisal c t $328h5o0Ve Sellers w t happy with that
unt and w ted t walk away from the coot ra ~t, their
discontent being m ~nly the appraisal price of the properCies i
e Histoeic Disirict, that paint, they w attorneyn
and i hey weuldAn r The c closing w s
schedu led aw ithin the c tnpe~iod a otheycind icatetl they a
ou la no< appear and theyrdid n the s uat ion, M
Taylor proposed alternatives: 1) ToDgoeback t sellers and
of m ney they expect; notingtthe land could
ortnwm nine city ]ust because i [ Co land the
ity o rt2) Just walk away. sthis i till a
bi nd ingnc and the city has i red $2,A00 i sappraisal
l~oCOUldtfile a specific performance law suit i
eeking a court order for them to give at <ne appraisalit
price s
Taylor r iry that he did n t know h
they owed on try ondedpepty, vn owe.ver, the tvtle search revea ledch
~ CC 9-21-98\313
iney sofa ine property, > e quit olaimea back ana t
two federal t x liens fort$2o,000 on the property and they could ~
not c vey good Yitl e. He further explained the R ould,
a few different ways, dispose of the liens.
property being adjacent to the city property andAbei ngiworth
Mayor Miles asketl if any representatives were present
Deputy Mayor Sargent said if the city o them ehe appraised
value plus } o the total of the liens,fi
face. Tayloe s think they woa Idea greets
sand the two rssues had to be dealt with separately. He believe
should have to put out any m ney in this respect. espouse
inquiry, M Taylor said litigation could take up t a year;
furthe e, Che p ailing paety i entiTled to a ney's fees.
espect t sellers getting a appraisal, M Taylor
aid he w tthey knew that rule o appraisals
by a MAlrappraiser, come •n wrthln a smallnp ce ntage of
earn otner.
espect t appraised value and whether
Dheccity couldupaywmorerthan the appraised value and the reas
that might justify paying more, whether or not the city shoo ldn/s 1
believing the city did not necessarily even need any or all of
possibility of negotiati nq a change in the contract to purchase
foue lots instead of eight.
Miller m ved to abandon the c
ithst eoprovision that t s pay foythect
appraisal. Seconded Dy Commissroner Lovestrand.
. Taylor asketl what to do rf the Rosrers refuse t pay the
appraisal.
There w about n eeding t s property
th ecD edydbu ildingnw s goingtto be c ted D
t loca Bonn how purchasing this property hadtanythingnt tdo
ity t of a ity building and k
alwaysoi Df hi etpubliy
ety building~ds Lability off [hetlot yforspublic s ety b
not for a itylb ing; getting t appraised value of uthe
x lots andmlook.i ng aya cation ofethe contract for
p chase Df srx of the Iotsego
cC 9-21-98\319
n fai lea by a tnree t icn Mavor
Deputy Mavor saryent Bea c Door vaoca
ing nav a na
commrssroner cower«a~a ~oti~glaYe a
Deputy Mayor Sargent m wea c reiect the c Bract.
pending the sellers paying the c of the n
appraisal, pending a tsfor the adjusted
value for ene v t loescoe rwbicn point tney
would non be liable for the appraisal.
Deputy Mayor Sa zgen t, feeling n t guile s ed
ith nis motaon, as stated, then withdrewathefi
ved antl M Taylor said another alternative would
neetosgo backsto tM1em, d what the figuees a e foz the
t lots, a whatttheynwould be willing t sell them for
andabring that backsto the commrssron at the next meeting.
Deputy Mayor Sargent saitl he still wanted them to agree to the
appraised valve of the lots.
and said h ought t perhaps,
j~se w era w ineeraatea in
sellingne~oaiby enevnwere npc even presencot
~.. Taylor informea tnae Mr. xos rer tra~elea quite a ere wrth ors
jon.
ued w espec o going forward with the
nwhich wouldh[hen force negotiation, and would snow the
cityrw about the c act. Further discussion e ued
with respect rtosbeeaking out the appraisal c t for just the
t lots, but that t ellers may not be interested i
selling the v t lotsha appraisal peice. Discussion
ensued as to whrch Sots the city actually wanted.
w him to p e this contract
ouldathen5gigenM Tay SOrwthelopportunity to bring back what
the sellers would accept.
Miller thougn[ to is c act shoo la be e solved and
neer rneo a gooa fares negotiatiDn on <ne lots toot we
ao oeea.e
Mayor Miles said the city h a legal and binding contract and to
release Chem would possiblyamake the city r Deputy Mayor
argent s trying to get t med ium ra
m thisac oultl give t city n rightsdt othelpropertym
and n negotiation rights t owhy h
move to ask the attorney to proceetltwitn litigation and towbr ieq
/~ cc 9-21-98 \J15
t in wnether o eill
eed sf subject property a the c my bui ld ingswas
going to betbuilt on the propertysbeni nd City Na11.
Mayor Miles also believed if released from the contract the city
would have no negotiating power.
Deputy Mayor Sargent m ved to direct [he city
ney to proceed to litigate this c and
ing back t any negot iableci
ithin this processamm5econded by Commrssroner
Vacca for discussion.
As to nis advise, M Taylor said that would nave been o of his
choices, to go t ellers a negotiate the e
property or just the properties that a t prior t filing
e file s e point e urtnwill force
med is [ion t [ryrt solven but, of cour t that t1me, the
cost and fees would have built up.
asked if Deputy Mayor Sargent would a end his
motmonstongo thecfirst route the attorney suggested, noting it
weula not release them from the contract.
Deputy Mayor Sargent m
direct t ney eo puasue litigationmbut prior
inght sibility of the
acgaisitionaofitne lotscseparately under a
that will supersede the previous c act
a ndttocbring back to the eommrssron for theirte
purview.
and calletl a point o saying he thought
negotiationrshouldibe done by the city admi nastrator. Deputy
Mayor Sargent sa ld the attorney has handled it to this point.
Taylor i erjected that he would work with the administrator
negotiating contracts, alTnougn this contract w n legal
d ispute, and a a part of the legal peocess he could go to them
and ask what they would sell the six lots for and bring back next
week.
Taylor suggested he be i tetl Co go back t them a
the figure they would s ing b
rng and to get vale ofatnos
ompareet to what theynare wi115ng to take antl bringxba cksfor
aiseessi nae
uea a wnetner e Dula instrart the
ateor~ey co negoci cetcnia contract. in nraer to fwrcher
cc s-u-va~aas
researDn <nat g~eseion, Mayor Miles suggeatea a snort recess.
The commiss Ton recessed from ~. 56 p.m. to e. De p.m.
Mayor Miles read from t ity C espect t ity's
Attorneys e anahsa ia, i ncnisrs nation, mere w
pending litigationnana Chought t n had e ery Tighe To
have the a torney represent the city aslitlpeetainsvto this
Deputy Mayor Sargent withdrew his former motaon.
Deputy Mayor Sargent m vea to direct the
administrator e ity a hey t
approach the sellersea etheir i est i
ing t only; toeprovide a
breakout of the appraisedtva lue of those lots and
atlvise the c of r su lts at Ue meeting
of September 28, 199B1on5econd ed by CDmmrssaoner
TaY for asked for clarification as to whether he should
discuss with them s ing a appraised value and/or a what.
price they will sellll DeputytMayor Sargent said he woulatl
that door open s Taylor c ing t
tea eo rer[erate chat ienaoes not reieaseecnem rrom~cne
~ contract. Motion c red by a three-two v Mayor
Deputy Mayor Sargent and C vacca
ing aYe and C esirandsand
Comm>ssiDner Millerrvoti ngrnayV
3. - solution of the City of Longwood,
Flo~iaa Da cepting the r signation o ity
Administrator, providing f said
resignation, including severancempagand benef its,of
Mayor Miles announced that public input would be accepted during
this item.
tch Bundy, 2 Eagle A ought t
onducting thi slprocedueeew ith prof essionalismm3w to giviny
itM1 a dequate opportunity t any shortcomings and
esfailegt their job in directing him that way. asked
that [he c n look i their hearts and be able t say
they a e doingswnat i ity o Dogwood; n ing a
lot ofrpeople here aosnot tnrnk rt is the best thing fort
Longwood.
Eellerma n, 9 aitl you may nave had
a~fferenDes w,ih Mr. smicn ana he w,th yDU but belrevea minea
r cc s-a-se~9v
sages ha~a b n given. aia M mith has given stability
sthe city andeperhaps n eryth.i ng De has done is perfect but
that he should be directed to do what is wanted.
Sheila W 705 'Trinity C a flier t
oughout the city tl ingsia had n authorhaaabsaid
it was worthless if no one will claim authorship.
Daly. 6 Oxford 5 the flier that had been
distributeaZa na lack of a hspda objected t t being
thrown on his property andtsaid who ever wrote i[ should aamlt to
lack of signature. said the administrator h s presented h
s ignation and the majority have v ced their desires and hoped
the commission would qo ahead and accept the resignation.
Jimmy Ro wilamere Armen aia ne was away ana came nome ana
an apology for breaking the charter.
Mayor Miles asked Mr. Ross to keep to the subject of the
resolution.
JoAnn Rebello, Highland Hills, e ended her pleasure at s ing a
lot oP people at the meeting; said she also had a peoblemewith
personally but Eelt has h a problems b ing effective i the last
year and asked those present who thinket unfair,nif they
have been present at meetings during thehlastsyear.
public participation.
Deputy Mayor Sargent began [ ask M which
estrantlocalledra point of order not g there
was no motion on thevf loor.
Deputy Mayor Sargent m ved t aopt R ution No.
99-967. Seconded by commissroner vacca.
peputy Mayor Sargent asked Mr. Smith if what he heard affected
cc 9-21-99\319
his r sig nation letter. replied the letter w
s sbenef its. told he
obldtbedf fired foruc of She did n t thewr signation a
signed w t his benef its. su d heedid not want
to resign but was between a rock and a hard place.
Deputy Mayor Sargent asked iE the c obligatetl t
cept t s letter. Taylor saidmM signed o
subject to pa ssaye o t giveshh imshis benefits;
if You do n t pass thear solutionnhisar signat ion has no effect.
he commission is not obligatedeto accept it.
Deputy Mayor Sargent discussed the m understanding s e people
have with respect t the c made that the publicmw
made a of the c sndissa ti sf action, which hea saidiw
due towthe lack of ~ n by m end ingas
ity m etings, and lackroktindividua lcc
aid people c t presume t nwhat istgoingmo sifnthey
toy i not changed h and
w~11os a by nwhat h eeldi s hea of by thescondactor,
who putafliees in yourfdr tveway~t
and thought less drastic a should be
takensandsuggested s ing down i ork s and giv.i ng the
administrator goals andobj ectivesnfor a yearla
e discussed the s f different projects, n ingmT eupastim
and c nshad cha ngea priorities, and thathM ith
notrn rilyrfully responsible for <hese projects n
getting completed. believed M n given m xed
signals and the commtsston neeaedrtosgive cleabed rrectaon.
Miller sa is ne o red with c
Lovestrandea expressua his d sappointment with
selec enforcement used tluring public paiti<iPat.i on, noting
thosetw spoke a t littering in front yards w
ailed. asked f r fairness and impartialityei e.
rther, he suggested puiiing e erything aside and to givefM
mith a probation period a t goals and objectivesra
thought Theee would b o paoblem i achieving those goals^d
Believed theee neededeto be a ompromise.
eatl a prepared s
whichsis here byca a paetmof itheto oedrec=nd
a ry, s is putedhc e by C
that a empt has bee nmm ing t o discourage
publicni vo lvement, w ethe c
pointed t when a milarsi ing, andeduring
that time then Mayor L halt ieactorc ent having
nm is i ooloement. aiaac ana~i againsc
public participation e cept at publicthearingsest rther,
Resolution 9 not a public hearing, but i utM1e
re fig anon of9the city adm an tstrator, granting hrm hts severance
Cc 9-21-9a\319
package a o decide o appointment of a
Sne then discussed her thoughts on placing GregrManningni ttheo
itv aaminiatrator ana staeea t she
slprepared1t makec 1) To approve the R solutionheeffective
12.01 a. September 22, (2) To appoint Greg Manning as Inteeim
negotiated; 3) T and have t hey contact M
ing t f hece sagreea ble a n I.
a7 nTO have the personnel m pager c angeeRider
stari seeking a new adminis CZa for to<filllthc position
p rmanently.
expect t ing filling the position, did n t believe he
falls under the charter for qualifications and they are clearly
tlefined.
Mayor Miles called a point of order and said the chair rules that
will take place a the appropriate time. loner
Miller said Te w s just c ing o
e further saidmh vea oa cep<ingrM h s
resignation will set the cityebackrsix months to a yea rmit
Deputy Mayor Sargent disagreed and saitl the department h and
employees know their jobs and w t projects a the t
s looking for s e to s <hey f wed through.
and n nd reverse accepting his resignationuwould
setihim upoto fail.a
er Lovest ra nd said it would be setting him up to
swcceea.on
cemm,as,oner vaopa callea the vuescion.
c~ s-u-zelazo
ssloner L and m ask M ith t
other interimvposition u ti1Sa
administratorni o bring the s
transition possibleLeaoting he is familiar with
ery project and i will also give him a
opportunity fo De employed whrle he 1s looking for
a job.
thts i unprecedented and
referretl t e years back. ou<goi ng
r, Mr. Terrytnalsonserved as interim during the
Motion seconded by Commissioner Miller.
Miller m ved T uspend t
and ed byrpeputy Mayor Sargent. nrf ailed
byca mmissaoner
Love st rana anaeMayormmilesnvoti ngcnayco
Commissioner Miller ageeed with appointing M interim,
given his t and experience, and g the m sage sent to him
tonight, he would De well aware of whatnis p eed.
Commissioner vacca called the question.
Motion failed by a three-two v Mayor Miles,
peputy Mayor Sargent and C ing
nay, ommissionees Lovestrand rand Millercvoti~g
aye.
Comma ss loneY vacca mo o ann
ved t appoint Greg M ing
ing city administrator. Seconded by pepu ty
Mayort5 g t.
and n ted his opposition, saying M ing
ialsa when he w administrator yea es ba ckathe
chartertw any m takes w made during the time he
administratortaad h o the police s ing
uilt i opposition t wha tftheepeople wanted. aid he has
dnfrom this city and does no[ fit the minimum
qualifications.
Mayor M a question of qualifications h me up nd
would likesto recess to examine the qualif icationsco
cc 9-21-98\321
The commrssion recessed from 9.~0 p.m. to 9.15 p. m.
Mayor Miles referred c and read from S of the City Code
which secs the qua lif i~ations for the city administrator.
antl disputed M ing as having the
goal if icationsoandif urther said the m cry < ral and
will bring disharmony of the M1ighest level and sa oatrof anything,
calm and order are needed.
Miller o tea t ing is nis friend,
a~a znero iy r n hemw ob~e~tGi natnhe aoee not fit the
gnalifieaeionsecor cne oieyaaaministrator.
r Vacca stated h 5 years o experience i
aealinglwith the city, t aepartments~ h
the knowledge o the cityoantlsof the projects and believed heswas
qualif ietl; therefore, her recommendation stands.
rry X s a.i scussed for t
ial qualif icationsCa law career and
thatsheamaghttperha psfconsiaer doing this again~a
Debate coot inuea w espect t reg M ing b ing qualif iea and
being the eight personrf e job. ton
Smith were suggested for conside ra cionotorf illothenpositionhel
mayor Miles s f qualifications a
has the purvi ewat ontinueanwithrrespec<st
what d ceptable a ing
when hegpreviously worked forathe cityeS MaYOr Mi lesMSaiaahe had
no problem with him serving on a temporary basis.
and said he did not s a problem of him
holdingrtherposition o a tempoea ry Dasisebut coo la see right now
rt will not be on a tempos rY basis.
aid tM1ac w s precisely wM1y she r ended
getcingrwich thecR g Hiders to help seek an aamanrstrator.
suggested they could also a
he lp ing lw ith aotempoeaay and that rs the goad that should be
Taken.
Mayne Miles sand the problem is we need someone immediately.
cc 9-21-98\322
for the r ord, he will v against Mr. M ing simply
e he believes M oultl be t ettetof the two
bhoices simply from the standpoint of c rsy and
qualifications. He referred t nrnaving done a e job
when he w ing ci [y adm inistrat r~rd ing the hiring of nM
itn, andsthat he has c the city a rstands the
ity b well as Mr. Hann ing and his qaa lifications are
appoine Greg M ing
ingno interimociaytaaministrator andnt
havecthe attorney, mayor and personnel m nage~
negotiate a which would be what the
exrsting contract is.
estra nd called a point of order noting the motron
ended her m appoint
~egrM ing a ing o interimtadministrator
and toadirect theca Hey to negotiate a
either i onjunctiotwith o without the mayoe
e personnel m eager and f the c
the e ing c sa laryto
a~atwnate~etelee is ,n the onrrent toniram.
ana e still n cbangea
<nemm rneemayor ei9~s e when .t comes to
negotiaci~y, ne is inst anothereeomm,seioner.
aid the m did n say the mayor
negotiatedetheacontract and thought she Had stated so.
Meputy Mayor Sargent said this w emporary position and asked
if the contract was a severable contract.
Taylor said he believed t e deputy mayor w saying he needed
to be hued at a stated salary far up to 120 days.
rability clause w d give t ity the
ability to sevee the contra ctcif sae administrator was hired
salary w aid when M ved he
s givetea salarvsa~ana carcailowance. Tne~eMwere no
objections.
CC 9-21-98\323
enaed o iea by a -
MeyornMilesm MeputyaMayor SargentYeC
ing aye, C vestrandsander
Commissioner Miller voting nay,Lo
Miller asked if anyone had talked t ing.
aid she thought the a ney neededato be
asketlst ontactcMrs Manning as to M1is inteeest and when he could
come to Longwood.
s to this being part of the agenda, M Taylor said this would
e purview of being p of the selection process,
to eallt end see rf he would acceptart
Mayor M asked if t a consensus to
have thelattorney call Mr. Mannings
iea.
o~aea ny oep~cy Mayor Sargent. iea by
emote, commrea~onere x,o~eauanaaa~a Miller
voting nay.
s. aosouaM. Meeting aai onrnaa ~:
m.
Charles C. Miles, III, Mayor
~~~
Gera la ine 0. 2 City Clerk
cc 9-]3-9s\329