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CCMtg10-19-09Min l[..~l~T~~®®~' ~'®1VJ[l~~S~~~I~T Longwood City EC'ornrr~issior~ ~harrflkners fl75 ilVest iNarren Avenue ILongwoodl, 'Florida 10~I~N~J']f 1E~9 ®CT®~LR .19., 2009 7000 P.]VI. Present: 1Vlayor H.G. ".Butch" Bundy Deputy 1Vlayor John C.1VIaingot Commissioner Joe Durso Commissioner 1Vlike Ilolt Commissioner Brian D. Sackett Donovan A. Roper,.Acting Cit3~ Attorney Katrina Powell, City Administ~-at~~r Sarah 1VI. 1VIirus, City Clerk Troy K. Ilickson, Acting Fire Chief C'ommander,Russ Cohen; Police I)epart~nent Sheryl Bower, Director of Community Development Fran 1Vleli, Director of Leisure Services Dolan Peters, Director of Public Works/City Engineer 1. CALL T® ®RDER. Mayor Bundy calaed the meeting to order at 7:00 p.m. 2. A moment of SILENT 1VIEDITATI®1\( was followed by the PLEDGE ®F ALLEGIANCE. 3. C®1VIIdI><JNITX ANN®UNCEIVdENTS. 1\Zs. Mires read the following announcements: A. Senior 1Vlatinee will be held on October 21, 2009 from 1:30 p.m. until 3:30 p.m., Longwood Community Building, 200 West Warren Avenue. This is month's feature is The Curious Case of Benjamin ButfoH. B. Creepy Carnival will be .held o~i Saturday, October 31, 2009 from 4:00 p.m. to 7:00 p.m., Longwood Police Department, 235 West Church . Avenue. There will be a Children's Costume Contest (ages 0-12) and will begin at 5:00 p.m. (pre-registration will begin at 4:00-4:45 p,m.). 4. RECOGNITIONS/PROCLAli~IATIONS. A. Proclaiming the week of ®ctober 31, 2009 -November 7, 2009 as "The Week of the Family." Mayor Bundy read the Proclamatio~i proclaiming October 31, 2009 thru November 7, 2009 as "The Week: oi.'the Family." He presented the CC 10-1.9-09;521 Proclamation to Ms. Lynn Whitcomb, Orlando Florida State Director of Public Affairs, The Church of Jesus Christ of Latter-day Saints and photographs were taken. B. District #Y Nomination of the business Person of the Month Award for November 2009. Deputy Mayor Maingot nominated Mr. Luis L Quiroz, President of Royal Press, 973 West State Road 434. Nomination carried by a unanimous roll call vote. 5. B®ARD APP®INTMEN')('S. None. 6. PfTBI,IC INPi7'I'. ° ~ _ A. Public Participation. Winston R. Davis, 117 West Wyndham Court, Longwood, .said that he is an Attorney representing a couple°of people in the Winsor Manor Subdivision. He stated the Commission was familiar with this matter concerning the fence that has been erected across a City.owned parcel dedicated to the public of. Winsor Manor. He provided some information to the Commission and briefly reviewed these documents. He reviewed an aerial map and said the yellow parcel represented the City owned parcel in its totality and the house next to it with the pool was the Dorris property. He declared most of the City owned parcel was blocked off by the fence. He reviewed pictures of the parcels. He said the picture of the fence and pointed out that a child could walk around the fence and have access to the swimming pool. He reviewed a picture of the property that remains public.. He continued to review additional pictures of the area showing various views of the parcels and made these available to the City for their . reference. Estelle McCarron, 157 ..Sheridan Avenue, said she was here to address the fence that has been .erected illegally at 162 Sheridan. Avenue. She stated it was not fair that one or two individuals should have private access to a park that should be available to all families in Winsor Manor. She said upon further research they have found another fence that has been erected illegally that also prohibits lake front access at 204 Sheridan Avenue.. She stated it was unreasonable for the City of Longwood to give private lake access. She declared that can only increase the value of homes in these economic times. She stated their children played on this land and inquired why these families would be allowed to illegally erect the fence and restrict access. She said it was disturbing that the Dorris Family has allowed such a dangerous situation to arise with access to their pool by walking around the fence. She stated another item that has come to their attention was that someone has removed all of the No Parking signs along Sheridan Avenue by what they deem as their lake access. She advised this . was a steep and narrow strip of land that runs along a very busy street and CC 10-19-09/522 their children were not safe playing in this area. She asked the City Commission to vote tonight on removing the Dorris acid Stein fences and give this piece of land that is approximately 240.25 feet long at its widest point and approximately 75 feet deep back to the residents. She declared they were not talking about a small corner; they wore talking about a piece of land that could~be utilized as a park. She stated she believed had the proper chamiels been followed ~ar~d ~i public hearing held, this would have never happened. She urged the Commissioners, the City of Longwood, and the City Administrator to right this terrible wrong and immediately insist that these fences be removed for the benefit of the residents and children o'f Winsor Manor. She said they were willing and able to proceed with litigation if necessary, but they do not believe it should •come to that. JoXce Huss, 950 lst Place, said each of the Commissioners received a letter ' from her dated October 2"d and stated she was-not .here to repeat that letter or reiterate anything that was in the Getter. Her ma}n reason for being here tonight was to thank each of the Commissioners who dial respond to the letter and acknowledged receipt Gf tl.ie letter. She stated she was encouraged and quite happy with the response and activity that has Happened since writing the letter. Sh.e said she hoped they did not drop the ball and stated she did not want tc~ b~.come the squeaky wheel. She requested that the paving of her si;reta be finished. JoAnne Rebello, 301 Loch Lomond, said on September 1.Sth the residents of Ridge, Tahno, and Oak were promised that there would be a purchase order issued for the paving of their unfinished streets by the second meeting in October. She stated there was no purchase order on the • Agenda. She said there ~>as also a statement that the project could be done fo correct standards with a cost savings of $250,000 to $300,000. She stated she would hope that someone on the dais would ask for a progress report on this project. She said the residents on these streets deserve honest answers and no more delays, no more excuses, just promises fulfilled. She stated the other item she wished to address was the same one that comes up every year; the Speciaa Event Permit for the Central Florida Society for Historic Preservation (CFSHP). She said they were again asking for a waiver of the vendor feea of $25 per booth which they collect From the vendors as a temporary license fee on behalf of the City. She stated this money was not an expense to CFSHP, but a pass through cost from the vendo~•s. She inquired if C1:~'SHP has stopped collecting this fee :from the vendors and if riot, what will happen to the money collected. She asked if the Society would refimd it'to the vendors or add it to their own coffers. She affirmed she also sees that CFSHP agrees to pay $1,290 for -two (2) F>le and three (3) Public Works personnel, but no Police :personnel, even though they are requesting a waiver to the Alcoholic Ordinance in order to serve alcoholic beverages. She said she found this troubling as there appears to be no Police presence at this event. She stated she would ask that based on the rates listed in Appendix B of the Code, how many hours was the City charging CFSHP for those personnel. She CC 10-19-09/:23 said the amount does not. add up, even if the City charges only for the actual hours for the Festival. She .inquired who would close the streets on Friday and what. time were personnel scheduled and what personnel will be responsible. She reiterated there was no expense for Police personnel in this requested permit, even though open alcohol consumption will be present. She declared this agreement needs to be amended to include Police persomnel costs and actual hours. worked by all City personnel. She stated she fords the repeated. request from CFSHP to waive most, if not all of their fees, troubling, especially since they have two (2) income producing properties. She said if another organization would request the same waiver, they would most likely be denied. She stated she believed those deciding the waiver of these fees seated on the dais includes two (2) Trustees and the President of the CFSHI'. She said even if the Attorney opines that there was no voting conflict, as it has been stated numerous times, if it appears ethically wrong,. then you probably shouldn't do it. • ~ - - ' Judi Coad, 1695 Grange Circle, said she was here representing the Barrington property owners concerning the Neighborhood Beautification program. She stated the program was to help subdivisions improve and upgrade their private. front entrances and wall areas to enhance the overall look of the City of Longwood. The criteria of the program was to have 60% of the property owners sign that they agree to this improvement and are willing to pay for the cost. She reviewed the criteria of the program in which the land would be deeded to the City and a landscape plan implemented. She stated that upon enactment of this program the Banrington property owners received a letter stating that they would be assessed anon-ad valorem tax for maintenance on the front entrance and retention areas. She said that Barrington, .Markham Hills, and Tiberon front entrance property and retention areas have always been City property, yet the City never maintained these. properties. She stated the prior City Administrator lied to the Commission in reference to the entrance of Barrington being brought into the program based on the omission of facts to Commissioners that these properties were already City owned properties and not private properties. She declared in the two (2) plus years of the process in resolving,Barrington's front entrance restoration, Commissioners Sackett, Maingot, and Anderson took a stand that the City would come in and tear out the Island, blacktop it, cement it over, tear out the remaining.. plants, and just put grass iii the. front area, but the owners would still be billed for this cost and the maintenance of mowing. She said the City had already removed aboard-on-board fence at the back retention area, rather than repairing the fence, that kept vehicles from driving off the sand road behind the subdivision and up tln•ough the retention pond into Barrington. She declared the City also removed four (4) brass lamps that stood on top of each pillar at the two (2) entrance signs. She affirmed that these Commissioners took a hard stance the City would not pay for anything, even though these were City properties. She said all the owners. in Barrington wanted to accomplish was to restore the front entrance to the way it was, no major upgrades, just restoration. She CC 10-19-09/524 stated the Commission said that they should bear the burden of the cost because it enhances their private properties and not the City's. She said. that Shadow Hill Park acid Highland Hill. Park have been totally revamped with new playground equipment at the cost of $83,357.20 and $56,528.52 without passing the cost onto the private property owners within these subdivisions based on the fees of public parks. She declared that Highland Hills received upgraded black wrought uon fence around their front retention pond in their subdivision. She reviewed the Manual of Standards for Streets and Stormwater with regards to fence requirements for retention ponds. She stated neithe-r of these parks have public parking and were not listed i~~1 The Lamplighter for public use, or have signs designating where they are located. 'She declared that it seems this meets the same triter-ia previously given to Barrington on why they should pay the cost for the upgrade and restoration of their front entrance. She stated there were upgraded aerators inst.allf;d at Golden Grove, Shadow Hills, and Highland Hills in their retention areas. She affirmed this additional cost and maintenance only enhance those: who live within those subdivisions, but the cost is carried by the taxp:aye:rs. She said diu•ing the time of February 2006, while Barrington wzs working to resolve the front entrance to the required Neighborhood ~Beautifica~tion Programs, the Harbor Isle front entrance drainage project was done by the City to the tune of $388,463.12. She stated the City paid for the full amount of this and they have never paid for any up grades to their front entrance. She inquired why one subdivision over ~~.11 the rest received something free where the taxpayers have to pay i:or it. 7. C®1VSENT AGENDA. A. Approve Minutes of the October _°i, 2009 Regular IVleeting. B. Finance Division of the financial ~9ervices Department recommends payment. of approved bills for October 2009. C. finance Division of the financial ~3ervices Department a-ecomimends approval of the lYlonthly financial Report for September 2009. • D. The Police Chief recommends the City Commission approve the distribution of $984,151.00 of fiscal Year 2009/2010 Edward Byrnes .Iustice Assistance Grant funds for projects within Seminole County as requested by Seminole County and accept 5109,323 for projects within the City of Longwood and .authorize the expenditure of those funds. _ E. City Administrator recommends the City Commission approve a change order in the atriount of ;~1:f,403.04 to an existing purchase order with Severn Trent Environmental Services, Inc. for additional repair expenses related to the eater treatment plants and authorize the City Administrator to sign ~~Il appropriate documents. CC 10-19-091525 F. City Administrator asks the City Commission to approve the Agreement between the City of Longwood and Advanced Data Processing, Inc. (ADPI) for Rescue Ambulance Billing and Related Professional. Services and authorize the City Administrator to sign all appropriate documents. G. Acting Fire Chief recommends the City Commission approve an Inverted Purchase Order for Advanced Data Processing, Inc. (ADPI) not to exceed $43,000.00 and authorize the City Administrator to sign all associated documents. B. Acting Fire Chief recommends the City Commission approve an Inverted Purchase Order for•Emergency Vehicle Repair, Inc. (EVR) not to exceed $21,500.00 and authorize the City Administrator to sign all associated documents. Commissioner Holt moved to approve the Consent Agenda. Seconded by Commissioner Durso. • Discussion was held regarding Items 7 E; •Z F; 7 G, and 7 H. Motion cai7ied by a unanimous roll call vote. S. PUBLIC BEARINGS. None. 9. REGULAR BUSINESS. A. 1VIr. Garth Bolton, representing Property Rescuer, Inc., will be presenting to the City Commission the matter regarding a Codes Enforcement. Lien against the property located at 1041 Reams Street. Commissioner Durso left the`meeting at 7:49 p.m. and returned at 7:49 p.m. Mr. Garth Bolton, Owner of Property Rescuer; Inc. located at 103 Lisa Loop, Winter Springs, said they purchased the property located at 104.1 Reams Street and they were unaware of a lien placed on the property for $4,900 from a fence that was falling down.. He stated the Bank had been mowing the property and. at the time the lien was placed, the prior owners had already vacated and abandoned the property. He said the fence or gate was placed back in position and the lien had stopped, but the fine was $100 per day for a period of time. He requested the Commission either waive or reduce the fine to a reasonable and affordable rate so they can repair the property and sell the property. Mayor Bundy inquired if the home had a swimming pool. Mr. Bolton responded in the negative. CC 10-19-09/526 Commissioner Sackett asked Mr. Bolton to describe fhe company. Mr. Bolton advised he was the soae Owner of Property Rescue, Inc. H:e :buys property, fixes them, and the;n :;ells the property or rents the propert~~. He advised this was a property that will be sold. Commissioner Sackett iriquired~ ~~hat would make someone unaware of a property lien in this amount. Mr. Roper said it would have been absence of a public records search. He advised the lien was recorded as of the date in question. }-Ie stated the total amount was $4,900 rumling from March 4, 2009 through April 21, 2009 with a $100 Administrative Cost. Mayor Bundy said since~the lien was duly recorded, it should show up in a title search. Commissioner Holt said everything has to be disclosed to the buyer prior to purchase. Mr. Bolton said they purchased the property at a foreclosure sale and often, unless you pay for a title se;ar~,h beforehand, you are not aware. Commissioner Holt inquired what a fair amount was to Mr. Bolton. Mr. Bolton advised $500. He said they would be improving the property and they were maintaining the property at this time. Mayor Bundy said the City was facing issues like this with foreclosed properties and it was a struggle. 13e stated he would take a different view if it was a homeowner buying the; property rather than an investor. Commissioner Holt asked Mr. Bolton to provide a better view of what he would be doing to fix the property. Nh•. Bolton said the bank had been maintaining the yard. He stated the house needs a new roof, new air conditioning, new paint, cleaning, and repairs. He said the fence was in gocd shape at this time. He stated the fence gate had already been put backup and repaired when they purchased the property and he had no idea of the lien until. it was sent to the title company. Commissioner Holt inquired what amount NIr. Bolton would be spending on this property. Mr. Bolton said approximately $12„000 to $].5,000. CC 1.0-19-~09/527 Mr. Roper advised the fine was standard and this case was a result of an absentee resident. Mayor Bundy said this would ultimately be going before the Special Magistrate and she.would be looking for direction from the Commission. Commissioner Holt moved to reduce the fine to $2,500 for the property at 1041 Reams Street. Motion failed, due to lack of a second. Deputy Mayor Maingot moved that after hearing what has been said and after all. consideration that the Commission denies the request. Seconded by Commissioner Sackett: Commissioner Sackett said that Mayor Bundy stated this goes before the Special Magistrate. He inquired if the Commnission was just making a recommendation. Mr. Roper responded in the affirmative and said it would be a request to the Special Magistrate. Commissioner Sackett said with a recommendation for no support for this request, there could also be a potential cut when Mr. Bolton appears before the Special Magistrate. Mr. Roper responded in the affirmative. Commissioner Sackett said Mr. Bolton purchased the house at $33,000 and hemay be able to sell it for $60,000. He stated with all of the fix-up he unfortunately may not make as large of a profit on this house. Commissioner Holt said with that being said, woul'dn't it be nice if the City would say thank you for taking the piece of property that is in disarray, could become a blighted piece of property in the City, help fix it up and move forward with this. He stated the City was constantly going to be fighting this battle with foreclosed properties. He suggested they applaud the gentleman for fixing the property rather than. hold him responsible for something that he didn't create. He said he didn't think the Commission needed to punish him by making him pay the full $4,900. Commissioner Durso inquired how many homes Mi•. Bolton had purchased. Mr. Bolton said his company has purchased between ten (10) to twenty (20) homes a year over the past three (3) to four (4) years. Commissioner Durso inquired if they do title searches. CC 10-1.9-09/528 1VIr. Bolton said they do title searches. However,'with foreclosure sales and the way it is now, there are up to fifty (50) houses in Seminole County going on in a day and you don't know what the banks are going to reduce the judgments down until thirty 0) minutes prior to the sale. He stated it was riot cost affective to do title s•°arches on all of the properties ahead of time. Commissioner Durso said this was a:n investment and it could go up or it can go down. He stated after buying thirty (30) homes, after one point or another, you know the vast majority of those homes have liens and are in some state of disrepair. He said in ore aspect he agreed with Commissioner Dolt that he would li1•:e to support people who want to come in and improve properties. By the same token, he stated there would lie a trend that would begin if the Cil.y starts waiving fees. Mayor BLmdy said the City Administrator had information from the Property Appraiser's Office that the just market va ue of this property was X91,490. Deputy Mayor Maingot said that ]VIr. Bolton was probably in the fore front of many others that will be appearing; before the Commission wanting liens to be forgiven on properties. H~, stated once that do that for Mr. Bolton, then t11ey are committed and!or obligated to try and do that for others. Mr. Bolton said some of these foreclosures have taken a long time. He inquired if the City has a lien for weeds and grass not being mowed that may go up to $60,000 to $80,000 wl-,:at would the City do with these. He stated the City would never be abae to recuperate that kind of money and no one will ever buy any properties Here in foreclosure if the City can't do something about this. He advised th~~.t Seminole County and Oviedo take ,the liens and reduce them down to 10% plus the administrative cost. Mayor Bundy said most of the properties the City. was having problems • with were speculators during the real estate bubble that got caught and walked away from the properties. He; stated the Cityhas no assurances that if this $4,900 is waived for him that :he won't get half way into the process and then walk away from it. He said at some point the City was going to have to look at some revenue source to maintain. these properties that have been foreclosed. Commissioner Durso said this type of situation was goi;ug to become more prevalent now as the economy bounces back. He stated once they resolve this matter, he would like to make: a motion to have the City Administrator get with. the appropriate City staff' ar,:d develop a policy for these types of properties and situations. CC 10-19-(19/529 Mr. Roper pointed out to Mr. Bolton that the fmal decision lies with the Special Magistrate that.has replaced the Codes Enforcement Board. Motion carried by a~four/one.roll call vote with Commissioner Holt voting nay. It was the consensus of the City Commission to direct the City Administrator to have City staff work on a policy to bring back to the Commission. B. The City Administrator recommends the City Commission consider a request from the Central Florida Society for Iistoric Preservation (CFSHl'') to approve a Class A Special Event permit for the 33ra Annual Longwood Arts and Crafts Festival with provisions. Ms.. Powell said with regards to Police, they were paid directly by CFSHP. Commissioner Holt inquired if the booth fees include a portion of money that goes back to the City for the grant fund that has been used on various projects to help restore the downtown area. Ms. Powell responded in the affirmative. Commissioner Holt inquired what the City does with the booth fee. Ms. Meli advised by Code the fee was $25 per. booth. and it was her understanding that this money does go .into the grant fund. Mayor Bundy inquired where the balance of the money in the grant fund came from. Ms. Powell said it was in the Historic District grant fund and was budgeted for. She stated there was no money in the fiord at this time. Mayor Bundy said the money was granted to help subsidize a roof on one of the houses in the Historic District and was depleted when granted to - help paint the Birthing Center. Commissioner Durso inquired if the $25 per booth went into a City fund and not the CFSHP coffers. Ms. Powell responded in the affirmative. Mayor Bundy inquired who requested the waiver of the booth fees. Ms. Meli advised they discuss this every year when the event organizer and City staff meet. She said with the economic development and the number of people that come to town, they feel the City benefits. CC 10-19-09/53.0 Mayor Bundy inquired if there we;re any other events that bring 35,000 people in to the City. iVls. Meli responded in the negative. Commissioner Holt asked the City Administrator who the other contributors were to this fund. Ms. Powell advised there were na other contributors. Commissioner Holt reiterated there were no other contributors and when someone in the Historic District requests money to help with restoration, that money goes for those purposes. Ms. Powell said the money is utilized for enhancing the Historic District. Commissioner Sackett inquired if beer was being sold this year. Ms. Meli said there has not been :in the past, but this year it will be sold. Commissioner Sackett said that was one of the reasons they have the Police as well. He stated that could l;enerate money and inquired what type of service the Rotary Club does for.Longwood. Ms. Meli .said as far as she lu~ows, they have not Clone anything in • Longwood. However, they are historically very large contributors to anything that has to do with children!, such as to help build a playground. Commissioner Sackett inquired if they asked for this; or was this just something they were doing to spike up the event. Mayor Bundy said the Historic Society made the request. , Commissioner Sackett inquired where they would be and how it would be controlled.. Ms. Meli said the Rotary Club is only allowed to do three of these a year. Commissioner Durso said he was the Special Events Coordinator for the Lalce Mary Rotary and he has worked with the Longwood Rotary on a number of these events. 'He advised they were limited by the State of Florida oi~ the number of license.; they are. entitled to have each calendar year to sell -adult beverages. He stated the Rotary Club was very choosey about the events they use. He said the Lalce Mary Rotary Club does this at the Lake Maiy-Heathrow Festival of the Arts and it is, by far, the biggest fundraiser for the Rotary Club throughout the year. He stated they were responsible to the State for sales tax revenue. CC 10-].9-091'531. Commissioner Sackett inquired if Longwood's Police Chief was comfortable with this. Ms. Powell said they have discussed it and was fine with it because the Rotary Club is in control of it and they are regulated. She stated the Rotary Club does do this at other events and it is not a first for them. Mayor Bundy said he requested a representative from the Rotary Club to be present in order to discuss this matter. Commissioner Sackett inquired how they maintain.decorum. Mike Martone, Rotary Club of Seminole County South, said they have quite a reputation to uphold and they take this seriously. He stated they run a booth selling beer for the~Altamonte Club during the Red; Hot, and Boom and they have never experienced a problem. He explained that they have a tap vehicle come in that is self-contained and sold only in a cup. He said they can't control everyone and outside the area it was up to the event management. Commissioner Sackett reiterated that was why they have Police. He inquired what the relationship the Rotary Club has with Longwood at this time. Mr. Martone said they were the Rotary Club of Seminole County South -and they hold their meetings in Longwood. He advised there is also a Longwood Club. One of the major things they do for Seminole County with Lyman Higla School being a recipient is the Riser Achiever's Program where they honor two (2) students from every Seminole County High School by providing scholarship money to children that have overcome some obstacle to achieve success. Deputy Mayor Maingot said he had no problem with the Rotary C1Lib and said he has read this through including waiving the Alcohol Ordinance. He stated listening to the booth fee and there not being any money in the fund now, he feels under these circumstances that revenue is needed for use in the Historic District Area. Deputy Mayor Maingot moved to approve. Item 9 B, all Items with the exception of Item L. Seconded by Commissioner Sackett. Commissioner Sackett said if they waive this $25 booth fee, then nothing goes into the fund and how would they ever build it. Commissioner Durso said the bigger point was that the success of the next event usually depends on the prior year's turnout. He stated at this particular point,. they don't want to discourage participation. He said a lot of the vendors were starving artists and trying to make a living. He stated CC 10-19-09/532 in the long ?•un the fees can return as the economy improves. He said the Commission. should be doing everytl.~ing in their power to encourage :people in participating in events. :Discussion was held regarding projects the grant funds have been used for and the potential of projects that rna;~ come before the Commission. Commissioner Sackett inquired how many vendors the event had. Ms. Melt advised there were currently 200 vendors. She said in discussion with the CFSHP, they have other locations outside of the City of Longwood who are willing to waive this fee. Mayor Bundy said every year this comes up and. they have the same protests that were made. He pointed out that every dime the Historic Society raises is spent in the Historic District. He stated their whole purpose for being was to purchase, restore, and preserve historic buildings in Central Florida. He said the entire range of assets they have are three (3) properties in the Historic District of Longwood. h[e stated they paid a partial booth fee last year. He said it. needed to be pointed out that the CFSHP does not ask the City for an;~thing. City staff that works on the Festival gets paid by the City invoicing the Society. Ms. Melt advised that every year the;re has been different amounts of money. One year it was capped bet<-aeen employee and booth expenses and last year 100% of the booth fees was paid. She said. it has not been a consistent decision. Motion failed to carry by a two/three roll call vote with Mayor Bundy, and Commissioners FIolt and Durso voting nay. Commissioner Durso moved to approve Item 9 B as presented. Seconded by Commissioner Holt. • Commissioner Sackett inquired if there was a potential that this would . leave the City of Longwood. Mayor Bundy said the City of Altamonte Springs would like to have this event. He stated that he and the Board of Directors have said they were not going to leave because it is important to the City of Longwood and merchants that have businesses here. Donna Bundy, 721 Lagle Avenue, said this was her tenth (lOt~') year of Chairing the Festival. She affirmed the possibility did exist that the Festival could go elsewhere. She stated the Society spends $8,000 a year advertising this event and other citi~,s have offered to pay that advertising fee and do the advertising for the;m in addition to not charging any fees. She advised that Casselber?y anal Altamonte Springs were very interested. CC 1.0-19-~09/533 She said the Dog Track has offered to let them use their lot at no fee to move the event there. Commissioner Durso reiterated that City staff tinge was being paid for and the City was not. donating anything to the Festival. He reiterated that this brings 35,000 people ,to the Historic District in the City of Longwood. He stated if the City loses this Festival it was one more reason for people not to invest in Longwood's Historic District. He affii-~ned the City needs to be working with the State of Florida and the Historic Grants Program, the Federal Government, .Department of the Interior, and then these types of things become irrelevant. Commissioner Holt asked the- City Attorney if as a Member of this .Society, he could vote on this without any duress. Mr. Roper responded in the affirmative. Motion carried by a unanimous roll call vote. C. 1Vlayor TT.G. "Butch" Bundy requests the City Commission discuss the State Road 434 property cures with the Florida Department of 'T'ransportation (FD®'I') and take the action the City Commission deems appropriate. Mayor Bundy announced Item 9 C had been withdrawn. He advised this matter would be on the November 2, 2009 Agenda. D. 1VIayor )FI.G. "Butch" Bundy requests the City Commission discuss the vandalism at the Barrington subdivision located at their entrance and retention pond and take the action the City Commission deems appropriate. Mayor Bundy said at one of Bai-rington's Homeowner Association meetings the City had the Community Policing Officer there to discuss vandalism. He stated one of the things happening was with children going into the front dry retention pond to play. He said while they don't want to discourage children from play, this has created some damage on the property and there have been sprinkler heads broken,. and damage. has occurred to the caps on the columns at the front entrance. He stated there was a No Trespassing sign by order of the Longwood Police Department. Jeanne Hoffman, 1505 Ridgecrest Lane, said this issue they were having with vandalism and children playing in the retention areas have been an ongoing problem. She stated there have recently been some signs placed, but they are totally ignored. She said children ride All Terrain Vehicles (ATV's) in this area. ,She declared they need to obey these signs and she has .not seen enforcement at either retention pond. She stated another concern of hers was that her house was at a stop sign and if her outside CC 1.0-19-09/534 lights were not on, these areas would be pitch dark. She suggested the City needed to look into lighting of this area. She inquired if the Commission 1-iad any suggestions of what the a~~mmunity could do to keep the vandalism down. She commended the Police Department. with regards to some young people soliciting, satellit;,s on security systems and said they did have a permit. Alleri Weber, 1786 Grange Circle, said this problem was getting out of hand. He stated he understood Chief Tom Jackson's position as a law enforcement officer and that he can't enforce it unless the City Ordinance is on the sign. He .said it was the same group of kids and they have now experienced gang tagging in the neighborhood that has ah•eady cost the City a stop sign. He stated the c~larnal;e to the wall was over $2,500. He said they were here to ask the Commission to approve that the City Ordinance be placed on the No Trespassing sign and be fully enforced. He declared they were talking about sixteen. (16) to eighteen (18) year old boys and it was the same group. He advised that he has passed this on to the Seminole County Gang Task 1?orce and the City/Colulty Investigative :Bureau (CCIB) because they were; srnokii7g marijuana and illegally drinking. He reiterated they would like to have the No Trespassing enforced. Commissioner Durso inquired what the CCIB was telling them. Mr. Weber said they were doing some surveillance and the tagging was also investigated. Commissioner Holt asked the City f.ttorney what would prohibit the City from placing the Ordinance Number on the sign. Mr. Roper advised nothing would prohibit this. Mayor Bundy said in discussing this matter with Chief Jackson, h.e took it upon himself to place the wording ":By order of the Lojigwood Police Department''. He did not want to authorize placing the signs with Ordinance without the Commission being aware of this since it could result in someone being arrested. Commissioner Sackett said it was good that they had neighborhood policing of this matter. He inquired if they were requesting support by the Commission in placing the ordinance on this sign so that it can be enforced. Commissioner Sackett moved to place the ordinance number on the signs for enforcement. Seconded by Deputy Mayor Maingot . and carried by a unanimous :roll call vote: CC 10-19-09~'S35 E. City Administrator recommends the City Commission read by title only, and set November 2, 2009 as a public hearing date and approve the first reading of Ordinance No. 09-1906, which amends the Solid Waste and 12ecycling Collection Services contract. Mr. Roper read Ordinance No. 09-1906 by title only. Commissioner Holt moved to approve Ordinance No. 09-1906, as presented. Seconded by Commissioner Durso. Deputy Mayor Maingot said he had discussed this with the City Administrator and inquired if she had any further thoughts regarding their discussions. Ms. Powell said they were still looking into the commercial piece of this. ' She stated. the franchise agreements had already been approved for this year and they would need to look into this for. the upcoming year. She stated this would provide time to prepare and have an education piece. Deputy Mayor Maingot said it was important to enhance revenue and have a considerable decrease. Ms. Powell said the City would need to go into negotiations with Waste Pro and they were open to negotiations. Mayor Bundy said he had discussed this with Mr. Tim Dolan and he was working on putting together some figures and rate structures. Motion carried by a, unanimous roll call vote. F. The City Attorney's Office requests the City Commission discuss Allied Veterans of the World, Affiliate #66 regarding reopening the , location at 150 North 1-Iighway 17-92. Ke11~B. Mathis, Esquire of Mathis and Murphy, 1200 River Place Boulevard,. Jacksonville, said he was an Attorney representing Allied Veterans who, until recently„had a location in Longwood. He stated Allied Veterans was a registered 501-C Veterans organization established in 1979 in the State of Florida and they were duly registered with the Internal Revenue Service as a tax exempt organization. He advised they were duly registered with.the State of Florida Department of Agriculture and Consumer Services to solicit contributions in the State of Florida. He said Allied Veterans operated, until recently, an internet center or internet cafe in the City of Longwood in which it sold internet access time, provided copying; faxing, pritating services, home internet access, coffee, beverages, and things of that nature. He stated, also operated in conjunction with that, was a sweepstakes where the results of the sweepstakes were revealed on standard desktop personal computers at the CC 1-0-19-09/536 location used for the inter-net access.. He said this was similar to the electronic sweepstakes in using computers to reveal the results of sweepstakes or drawings that thousands of major retailers are utilizing in this country. He referenced the monopoly promotion by McDonalds where you can entertHe code on the websii:e to determine if you have won a prize. He advised that Allied Veteran's has approxin~~ately thirty (30) locations tluoughoutthe State of Florida in which they operate these Internet centers pursuant to Section:. 849.0935 Florida Staturtes and also Section 849.094 Florida Statutes. He stated it appears then• Application for the Business Tax Receipt is up forr~~newal and they would like to renew that. He affirmed their location was recently shut down. under threat of penalty by the Longwood Police Department. He said they have now, through the court system, obtained repossession oi'the server they need to operate that contains their customer account data and software with the sweepstakes revealer. He stated They are ready to reopen and would like to do so with the blessing of the City Commission. He said they believe they are operating a valid ficndraising in ~~°he State of Florida compliant with all existing Florida Law. He affirmed they have been in contact with the State Attorney's Office of Seminole Couirty and presented their information to the State Attorney's Office as well as to the Statewide Prosecutor's Office governing this location. He affit7-ned that in the last three (3) years Allied Veteran's has raised and contributed over $3 million to veteran's organizations and services in the State of Florida primarily related to veteran's health care. He said this issue was apparently before the Commission on granting this request to renew their Certificate. Mr•. Roper advised the Business Tai: Receipt was up for renewal. Allied Veteran's has submitted an Application, which is pending. He said there was a hearing on October 7"' with Jtldge Eaton where Allied Veteran's had filed a motion for rettu7i of their praper-ty that was seized pursuant to a. search warrant issued by Judge Eaton for the Longwood Allied Veteran's location. He stated that he spoke with the Statewide Prosecutor in charge of the case and as long as there was a few days allowed for copying any kind of computer software, or database that was seized in the search warrant, that they did not have a problem in returning this equipment to Allied Veteran's. He advised thine equipment was retui7led this afternoon by the Longwood Police Department. He advised the only other remaining issue was some of the cash that vvas seized. Michael LaFay, 189 South Orange Avenue, Orlando, said there was $12,000 in cash that was seized at the time of the search warrant. He stated in working through thi with Mr. Roper, they came to an agreement that rather than engage in more litigation to litigate the return of the money, they would hold that in abeyance to see if they could handle this issue by appearing here to request the return of the $12,000 cash. He said he knew Mr. Roper would agree that the money must be returned, it was simply a question of when. CC 10-19-09./537 Mr. Roper said that issue,was not pending before the Commission at this time. He stated what's pending was that they wanted to have their presentation with regard to the renewal of the Business Tax Receipt. Mayor Buddy inquired~if this wasn't an administrative issue. Mr. Roper advised it usually is handled administratively. Unfortunately, the logistics of the situation was that he was in a jury trial in Sebring all last week and did not speak with Chief Jackson regarding that matter. He stated at this point in time it is still pending in administrative renewal and hasn't been accepted or rejected. Mayor Bundy said the Commission does not get involved in Business Tax Receipts unless there is a situation where it has been denied and it can be appealed. Mr. Mathis said they knew this was an issue of concern and they wanted to appear before the Commission to let them know what Allied Veteran's was doing. Mayor Bundy requested a consensus from the Commission to refer this matter back to the City Administrator to be handled through the normal process. Mr. Roper advised there were no pending criminal charges and nothing has been filed by the State Prosecutor's Office. Commissioner Sackett inquired if children were allowed to enter this establishment. Mr. Mathis responded in the negative. He said the age limit was 18 and up. Commissioner Sackett said, therefore; it would be an adult entertainment center. Mr. Mathis advised it was an Internet Center and Internet Cafe. Commissioner Sackett referenced Section 10.33 of the Longwood City Code. He said he has received numerous telephone calls regarding this. He stated Mayor Bundy was saying the Commission needs to let it go forward and is either approved or denied. He inquired what would happen if it was approved. Mayor Bundy said if it is approved then it is just approved. He stated if it is denied then they can appeal to the Commission. CC 10-19-09/538 Deputy Mayor Maingot said Mr. Mathis spoke of millions of dollars they donate. He inquired what goes o:n at this Internet Cafe to be able to generate that amount of money. Mr. Mathis said they have over thirty (30) locations throughout the State. Deputy Mayor Maingot said son~etlling had occurred at this location to give rise to concern. Mr. Mathis said the Internet Center operates a promotional sweepstakes with the opportunity to win a prize and the swe-epstakes results are revealed on the computer. He stated there were different methods to reveal those sweepstakes results. Some of those methods stimulate spinning wheels and appear, at first glance, to look like a slot machine. He said the concern was that somehow these: computers are illegal gambling and illegal slot machines, when it is simply a visual depiction of whether or not a prize is won. He stated their method simply involves a graphic illustration that simulates a spinning wheel like a slot machine. He said the internet access time is sold and people come as a social activity at many of their locations. Commissioner-Durso inquired if th~~ people pay for the sweepstakes entry. , Mr. Mathis responded i~l the negative. He advised you cannot charge for them, they have to be no purchase ~iecessary and no direct charge. Commissioner Durso inquired if they come as a direct result of the consumer purchasing internet access time at what is defined in a document by the Pinellas County Board of Commissioners as a fair competitive market irate. Mr. Mathis responded in the affirmative. Commissioner Durso requested Mr. Mathis to explain how they use their internet time. Mr. Mathis explained the internet time was available at twenty cents (20~) a minute, which •is a com}~etitive- rate, and they use their internet time at. the computers and can have accf,ss to several different internet based programs, play games, enter other ;;wee,pstakes, and they can. surf.. Commissioner Durso inquired ii~wnile participating in the sweepstakes, they don't lose any computer tithe. 1Vlr. Mathis advised they did not lo;>e computer time revealing, sweepstakes entries. CC 10-19-09/539 Commissioner Durso inquired how this all folds into Section 849 of the Florida Statues. Mr. Mathis advised $49.0935 of the Florida Statutes allows drawings by chance. It specifically states a 501 C organization can conduct a drawing by chance that has the elements of chance and prize so long as there is no donation, contribution, substantial consideration, proof of purchase, or payment necessary. He stated the game promotion Statute allows businesses that have a consumer product or service to give away prizes based on chance. He reiterated that there has to be no purchase necessary, you have to be able to get a chance to win without any payment and that chance to win has to be the-same as someone who purchased a product. Commissioner Sackett said he believed the Commission had rights to be able to disapprove of this. He stated he has received more telephone calls on people having lost money than those who have won sweepstakes there. He said something was not correct. Mr. LaFay said Allied Veteran's wants to keep their doors open and they want to be a good neighbor. He stated they want to abide by the laws and rules of the City of Longwood. Mr. Mathis said the discretion the Commission has is limited if the operation complies with Florida Law. He stated he asserts that it does comply and theywere prepared to defend that it does. Mayor Bundy said if the Commission had to approve it, then why were they here. He stated they could state if the Commission doesn't approve it then they will litigate. He said.that pending a judge or court authority stating this was legal he would be adamantly opposed to it. Commissioner Holt inquired what they would be called if they were not using Allied Veteran's of the World, Affiliate #66. Mr. Mathis advised they are and would be Allied Veteran's of the World, Affiliate #66. • Deputy Mayor Maingot, moved to deny this request. Seconded by Commissioner Sackett. Mayor Bundy asked the City Attorney if the motion would be appropriate. Mr. Roper advised they need to speak with Chief Jackson. He said the real issue is the stated reason on the Application. for using those premises and whether or not they. are in compliance with Florida Law, but also with City Code. He stated they need to let it go through the regular administrative channels first. . CC 10-19-09/540 Commissioner Sackett withdrew the second to the motion and Deputy Mayor Maingot withdrew his motion. Lt was the consensus of the City Con.unission to let this matter go through the administrative process. 10. C><'p~' AI31V>(IN>(S~'RA~®R'S ItEP~RT. Ms. Powell reported the original budgeted amount for the Ridge,. Oak, and Talmo paving project was $968,600. Slie said th.e ~leptember 2009 bid. was for $1,040,000. She stated Public Works has met with Superior Asphalt twice to discuss the bid and review a redesign. They will revise the bid and go through the JOC process. She advised that due to the redesign the City needs to meet with. St. John's Water Management regarding possible permit modifications. The City also needs to meet with. the property owners to r~wiew the revisions, and possible easement acquisition. She reported with she best case, they were looking at thirty (30) to forty five (45) days for construction to begin and reviewed the reasons. Deputy Mayor Maingot inquired when the meeting with the residents would be scheduled. Mr. Peters advised once they have the pricing and he has net with St. John's Water Management the Ci y will have a neighborhood :meeting. Commissioner Durso left the meeting at 9:`4 p.m. and :rehirned at 9:56 p.m. Deputy Mayor Maingot suggested an informational flyer be prepared and distributed to the residents in this area. Nls. Powell reported the Central Warehouse: is set up and they are currently i-inalizing the secure room for the computer. She stated a weekly inventory has been started of the trucks. She said a work order form is set up and all work is done by a work order for Public Works and Leisure Services. They also have a project tracking form~beirig'u'sed and m addition there is a picrchasing form that requires approval by the Department Head H~rior to any spending. She reported the spending limit has Ueen set on credit cards to match the Code. They are using the credit card module and purchases made with the credit card hits the general ledger. She stated the Purchasing Policy M~~riual' was being revised to place more control. She said bills were being paid b;~ invoice when >t is practicable rather than by purchase orders. She stated this provided for more control over purchases and saved on staff time. Deputy Mayor Maingot moved to e:~tend the meeting. Seconded by Commissioner Sackett and carried by afour/one voice vote with Commissioner Durso voting nay,. CC 10-1.9-09,'541 11. MAYOR ANI) C®1V1<MISSI®NERS' REP®R'T. District #5. No report. District #1. Deputy Mayon Maingot reported the Tri-County Meeting was held on October 15th and the Mayor of Windermere is the new President. There was a presentation by the Florida Department of Transportation (FDOT) on the Florida Strategic Intermodal System. I-Ie said he had some other items that he would . discuss with the City Administrator. Deputy Mayor Maingot said with regards to the property in question in Winsor Manor, the .fence was approved by the Commission. He stated with regards to the comments made by Ms. Coad on the. retention pond within the. subdivision that he lives; this retention pond catches all of the run-off water from the Longwood Hill's Road. He reported this was City property and flows to the big area in Highland Hills and the fountain was put in to avoid the algae. formation and has saved the City a lot of money. He said when Barrington was considering enhancements that he walked the subdivision to obtain the sixty percent (60%) of homeowner signatures. He stated he was straight forward and would help anyone in the City, regardless of his position or whether he agrees with them. District #2. No report. District #3. Commissioner Holt inquired what was .going on with 15t Place. Ms. Powell reported she had Mr. Peters and Streets go out and look at lst Place last week. She said they have indicated the City could do something in this area. They need to get with. the property owners .and determine what needs tq be given up in the easement to make it happen. She .advised this would have to be placed in next year's budget under the Comprehensive hnprovemeiit Plan. District #4: Mayor Bundy reported on Friday and Sunday he had the opportunity to attend services at the newest church in Longwood and one of the oldest churches in Longwood. On Friday, the Indian Eastern Orthodox Christian Church on Church Avenue was dedicated. On Sunday,,he attended the 126th Anniversary for the Missionary Baptist Church on State Road 434 and presented them with a Proclamation. Mayor Bundy said the City required backflow inspections every year and provides a list of~certifed inspectors including the-City. It was brought to his attention that there is ~a-wide margin of price .structure with these inspectors. He proposed if an inspector desires to be on this list that the pricing also be included. He requested a consensus of the Commission for the City Administrator to look into this matter. ~ t - ~ r Commissioner Holt said there needed to be a disclaimer that the City was not telling them to use any of these inspectors. CC 10-19-09/542 It was the consensus of the Commission for the City Administrator to look into the matter of pricing to be added to the li:;t of inspectors for backflow inspections. 12. CITY ATTORNEY'S REP®RT. Mr.:lto;per said with regards to the Winsor Manor issue, on October 5th Commissioner Durso had moved to table the issue until the next Meeting to give more time i:o provide the Commission with a copy of the June 14, 2009 letter from Attorney Winston Davis to the City Administrator, Ms. Powell. He provided eohies of this letter with an attached Agreement for use on City owned land si~ne;d by 1VIr. John Drago on August 4, 2006 and executed by Mr. Steven Dorris and Ms. Kathryn Dorris on September 4, 2006. He stated also attached was a copy of the plat that dedicated the roads, easements, and Lake Winsor to the City of Longwood in 1.972. He said Mr. Winston Davis was present and had handed out some overhead aerials during Public Participation that have addressed the Commission's inquiry as to where exactly the City owned lot in question is located. He advised Deputy Mayor Maingot handed him some additional information right before the Meeting and he would be happy to comment on it at the appropriate juncture..H:e stated he did not think it was legally applicable here as there were no easements involved. He reviewed the handouts and stated that regardless of whether this property is owned by the City of Longwood or given to the Homeowner's Association, it is still dedicated to the public use. Commissioner Durso requested,.m order'to be fair, that this matter be placed on the next City Commission Agenda to allow nor the public to offer their input. Deputy .Mayor Maingot .requested the information he had provided this afternoon be shared with each of the Commissioners a:nd the City Administrator. Mayor Bundy requested the City Clerlc placf; this matter on the November 2, 2009 Agenda. 13. CITY CI.ERI~'S REPORT. No report. 14. AD30i7RN. Mayor Bundy adjourned the meeting at 10:241~.m. ~J. ~ Ii iiod G. Bundy, Jr., y r ATTE Sarah Ml. 1VIirus,lVIlVIC,1VIBA' City Clerk CC 10-19-09/S43 s - ~ 'T'his Page heft Blank Intentionally. ~ CC 10-19-09/544