CCMtg11-15-10Min LONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
NOVE BE I' 15, 2010
7:00 P.M.
Present: Mayor John C. Maingot
Deputy Mayor Joe Durso
Commissioner lob Cortes
Commissioner H.G. "1 utch" I::undy
Commissioner 3,rian Sackett
Dan Langley, City Attorney
Katrina Powell, City Administrator
Sarah M. Mirus, City Clerk -
Patrice C. Murphy, Assistant to City Administrator
Fran Meli, Director of Leisure Services
Anthony Stravino, Fire Chief
Jon Williams, Director ofFinancial Services
Michelle Longo, Executive Assistant to City Administrator
Troy Hickson, Police Chief
John Peters, Director of Public Works /City Engineer
Sheryl flower, Director of Community Development Services
1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:00
p.m.
2. A moment of SILENT MEDITATION FOLLOWED BY THE
PLEDGE OF ALLEGIANCE.
3. COMMIJNJiTY ANNOUNCEMENTS.
A. Annual Rotation of Deputy Mayor.
Ms. Mirus announced the Rotation of Deputy Mayor will go from
District No. 2 to District No. 3.
Ms. Mirus read the following announcements:
:,. Senior Matinee will be held on November 17, 2010 from
1 :30 p.m. until 3 :30 p.m., Longwood Community !: uilding,
200 West Warren Avenue. This is month's feature is Mother
and Child.
C. 34 Annuall Longwood Arts and Crafts Festival will be held in
Downtown Historic Longwood, from 9 :00 a.m. to 5 :00 p.m. on
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Saturday, November 20, and from 9:00 an to 4 :00 p.m. on
Sunday, November 21, 2010.
D. Celebrate the Season will be held on Saturday, December 4,
2010 beginning at 3:30 p.m. in the Downtown Historic District.
There will be musical performances, food, crafts for the
children to create, an appearance by Santa and Mrs. Clause,
and the lighting of the tree. Canned goods will be collected for
the Longwood Families in Need Program.
4. RECOGNITIONS/PD: OCLAMATIONS.
A. Recognizing Commissioner Joe Durso for his service to the
City as Deputy Mayor, November 2009 to November 2010.
Mayor Maingot recognized Commissioner Joe Durso for his
service to the City as Deputy Mayor. He then presented him with a
plaque and photographs were taken.
Presentation of Certificates of Appreciation to the Lyman IH[igh
School National Honors Society and Miss Lindsay Svendsen
for their participation in the 2010 Halloween Festival on
October 31, 2010.
Deputy Mayor Cortes and Commissioner Bundy presented the
Certificates of Appreciation to the Lyman High School National
Honors Society and Miss Lindsay Svendsen for their participation
in the 2010 Halloween Festival on October 31, 2010. Photographs
were then taken.
C. Proclaiming and extending best wishes to the Longwood
Generation Hoops Club Team in the City of. Longwood.
Commissioner Durso read a Proclamation recognizing the
Longwood Generation Hoops Club Team and presented the
Proclamation to the Members of the Team. Photographs were then
taken.
D. • District #4 Nomination of the iLusinness Person of the Month
Award for December 2010.
Commissioner Bundy nominated Mr. Barry Revels, Owner of
Discount Carpet Cleaning, located at 1085 Foggy Brook Place for
the Business Person of the Month Award for December 2010.
Nomination carried by a unanimous voice vote.
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5. BOARD APPOINTMENTS.
A. District #2 Nomination to the I:',oard of Adjustment.
Commissioner Durso nominated 1VLr. Tom DeNegre, 330
Ferdinand Drive, to the Board of Adjustment. Nomination carried
by a unanimous voice vote.
6. PU P. li IC INPUT.
A. Public Participation.
Judy Putz, 280 West Warren Avenue, said she was asking the
Commission to consider having a community garage sale. She
said, at the last Commission Meeting there was a gentleman here
who was having weekly garage sales and he was talking about
them and trying to make enough money to survive. She said that
was probably true about a lot of churches, charities and residents.
She said the City had a green park down the street that was empty
and it would be fun to have a community garage sale. She
suggested inviting charities, churches, and residents to come and
set -up and charge a small fee to cover the costs for the City. She
suggested promoting the community garage sale on the City's
website, asking the media to do a public service announcement,
and put a sign in the park. She said it wouldn't take a lot of money
or effort to markup the spots on the grass. She said it would be a
lot of fun and a great way to bring the community together. She .
said it would promote a positive image of the City and hoped the
Commission would give it some thought.
7. CONSENT AGENDA.
A. Approve Minutes of the October 18 2010 Regular Meeting.
Approval of the November 2010 Expenditures.
C. Approval of the Monthly Financial eport for October 2010.
D. Approval of esoluition No. l0 -12609 Florida Department of
Transportation (FDOT) State Highway Lighting, Maintenance
and Compensation Agreement.
E. Approval of Resolution No. 10 -1261, amending Resolution No.
10 -1246 the Emergency Medical Services (EMS) Transport
Fees.
Commissioner Sackett moved to approve the Consent
Agenda as submitted. Seconded by Commissioner Durso
• and carried by a unanimous roll call vote.
Mayor Maingot asked that Item 7 E be reconsidered.
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Commissioner Bundy moved to reconsider the Consent
Agenda to allow discussion. Seconded by Commissioner
Durso and carried by a unanimous voice vote.
Commissioner Sackett moved to approve Consent Agenda
Items 7 A, 7 B, 7 C and 7 D. Seconded by Commissioner
Durso and carried by a unanimous roll call vote.
Commissioner Sackett moved to approve Consent Agenda
Item 7 E as presented. Seconded by Deputy Mayor Cortes.
Discussion was held regarding Item 7 E.
Commissioner Bundy moved to table Item 7 E to the next
Commission Meeting. Seconded by Commissioner Sackett
and carried by a unanimous roll call vote.
Mayor Maingot asked the Commission to reopen Public
Participation.
It was the consensus of the Commission to reopen Public
Participation.
Barry Gainer, 1664 Windy Bluff Point, said he was here on behalf
of Take Stock in Children, which was a scholarship program in the
public schools. He said the students, were identified in the 8
grade; and from 9 through 12 grade they were under a contract
and were all at risk students. He said if the student satisfies the
minimum grade point average (GPA) requirement, attendance
requirement, behavior requirements, and meet with their mentor
once a week for their entire high school career, they would be
granted a minimum two (2) year community college and also have
the opportunity to go for four (4) full years. He said the group was
comprised of sixty -nine (69) students and they have outgrown
many places they had gone to previously for holiday parties. He
said they were requesting to use the Community Building on
December 13 and requested to use the Building without a fee.
Ms. Powell confirmed Mr. Gainer was requesting a waiver of the
fees. She said, previously, the City had required that just about
everyone who used the Community Building at least paid for the
attendant fee and deposit.
Commissioner Bundy said they have waived the rental fees in the
past and have recouped the out -of- pocket expenses.
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Commissioner Bundy moved to waive the fees for the
Organization to use the Building and just recoup the out-of-
pocket expenses. Seconded by Commissioner Durso and
carried by a unanimous roll call vote.
8. PUBLIC BEARINGS.
A. Read by title only and adopt Ordinance No 10 -1948 which
amends the Fiscal Year 2009/2010 Budget.
Mr. Langley announced having proof of publication for this and all
Public Hearings listed on the Agenda. He then read Ordinance No.
10 -1948 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor
or in opposition to the Ordinance.
Commissioner Durso moved to close the public hearing.
Seconded by Commissioner Bundy and carried by a
unanimous voice vote.
Commissioner Sackett moved to approve the second
reading of Ordinance No. 10 -1948, a Budget Amendment
for Fiscal Year 2009/2010 as presented Item 8 A. Seconded
by Deputy Mayor Cortes and carried by a unanimous roll
call vote.
B. Read by title only and adopt Ordinance No, 10 -1950;
Agreement for Solid Waste Management between the City of
Longwood and Seminole County.
Mr. Langley read Ordinance No. 10 -1950 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor
or in opposition to the Ordinance.
Commissioner Durso moved to close the public hearing.
Seconded by Deputy Mayor Cortes and carried by a
unanimous voice vote.
Commissioner Durso moved that the City Commission read
by title only and adopt Ordinance No. 10 -1950 as
presented. Seconded by Deputy Mayor Cortes.
Deputy Mayor Cortes said the City should try and encourage the
residents to do more recycling. He said there were some things
that he was going to be bringing forward that some other
communities were looking into and the City should observe. He
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said if they recycle more it would reduce the garbage in the
landfills and the City would be paid for the recycling.
Commissioner Bundy said he was still opposed to this for a couple
reasons. He said mainly because the City was entering into an
exclusive Agreement with Seminole County and the residents were
being charged to take an occasional trip to the landfill or transfer
station.
Mayor Maingot said the residents pay just as much in taxes to the
County as the residents in unincorporated Seminole County.
Commissioner Bundy expressed his concern regarding the tipping
fees and he wants to squeeze just a little bit that would benefit the
residents of Longwood.
Motion carried by a three -to -two (3 -2) roll call vote with
Commissioners Bundy and Sackett voting nay.
9. REGULAR I:;USINESS,
A. Read by title only and adopt Resolutions No 104259, which
designates a.depository, designates authorized signers and
facsimile signatures for the City,
Mr. Langley read Resolution No. 10 -1259 by title only.
Commissioner Sackett moved to read by title only and
adopt Resolution No. 10- 1259, which designates a
depository, designates authorized signers and facsimile
signatures for. the City. Seconded by Commissioner Durso
and carried by a unanimous roll call vote.
B. Read by title only, set Becember 6, 2010 as the public hearing
date and approve the first reading of Ordinance No. 10 -1916;
• Agreement between the City of Longwood and T1- Mobile for
construction of a cell tower located at Fire Station 17.
Mr. Langley read Ordinance No. 10 -1916 by title only.
Deputy Mayor Cortes moved to read by title only, set
December 6, 201 as the public hearing date and approve
the first reading of Ordinance No. 10 -1916; Agreement
between the City of Longwood and T- Mobile for the
construction of a cell tower located at Fire Station 17.
Seconded by Commissioner Bundy.
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Commissioner Bundy said one of his prime considerations was
they have an out, and inquired if the City had an out in this
Agreement.
Mr. Langley said there were outs, and reviewed the terms of those
outs that were included in the Agreement.
Discussion ensued regarding the terms of those outs that were
included in the Agreement and the possible relocation of the
telecommunications tower at the City' expense.
Commissioner Sackett said, at the Work Session he inquired as to
what would that do for that area of the City and asked where the
next T- Mobile telecommunications tower was. He stated he never
received an answer to his question.
Carole Bradley, representative for T- Mobile, said she never got the
answer to the question and apologized.
Commissioner Sackett said he would like a response.
Ms. Bradley said they wouldn't have spent four (4) years working
on this Lease and the expense, if they didn't need a tower there.
She said she would get the answer for him and forward it to the
City Administrator.
Mayor Maingot noted there was a similar tower located on State
Road 434 with an American Flag on it and the Flag was tattered
and still flying. He inquired whose responsibility was it to make
sure the Flag was maintained.
Ms. Bradley responded stating it was T- Mobile's responsibility.
Mayor Maingot noted that was not included in the Agreement.
Ms. Bradley outlined T- Mobile's standard maintenance process for
the replacement of the Flags.
Mr. Langley noted on page 12 of the Lease Agreement addressed
the American Flag would be placed in accordance with the United
States Code Title 4, Chapter 1.
Commissioner Durso noted that he was still opposed to the idea
because the City would be receiving less money than they wanted
to get from T- Mobile.
Motion carried by a three -to -two (3 -2) roll call vote with
Mayor Maingot and Commissioner Durso voting nay.
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Ca Read by title only, set December 6, 2010 as the public hearing
date and approve the first reading of Ordinance No 10- _ 19511;
Temporary Moratorium on Pain Clinics, , "ain Management
Clinics, Urgent Care Clinics and/or Cash -Only Pharmacies.
Mr. Langley read Ordinance No. 10 -1951 by title only.
Deputy Mayor Cortes moved to read by title only, set
December 6, 2010 as the public hearing date and approve
the first reading of Ordinance No. 10 -1951; Temporary
Moratorium on Pain Clinics, Pain Management Clinics;
Urgent Care Clinics and/or Cash -Only Pharmacies.
Seconded by Commissioner Durso.
Commissioner Sackett said he was thankful for bringing this
Ordinance forward and inquired as to what other businesses were
missing from the Ordinance that needed to be included.
•
Commissioner Durso said he agreed with Commissioner Sackett
and this Item referenced very specific Department of Health State
Statutes; and noted if they started altering the Ordinance, it could
have an affect on the whole document.
Commissioner Bundy said all they were doing was establishing a
moratorium on the issuance of the permits. He noted they had a
presentation at the Intergovernmental Relations Committee last
month, and he would ask for a copy of the presentation and then
forward the presentation to the. City Administrator. He said this
was an issue that carne from South Florida and was a major issue:
He noted other cities and counties that were addressing this matter.
Deputy Mayor Cortes noted that something may be coming from
the Legislature on this and it was a statewide problem.
Discussion was held regarding how long the moratorium would
last.
Ms. Powell said the County and the other Cities in Seminole
County were also working on this matter.
Motion carried by a unanimous roll call vote.
D. Discuss Stop Sign Modifications at the Intersection of Loch
Lomond Aventine and !':anngeline Road,
Ms. Powell stated at the last Commission Meeting, Mr. Jack Caldwell
had asked the City numerous times to look into this matter and add
flashing lights to the intersection. She said this was a proposal the
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City was able to get, and the flashing lights would be installed by
Seminole County at a cost of $1,200 per sign and this included the
electrical connections. She said in addition to the initial capital cost,
the lights would require periodical maintenance and monthly electrical
cost. She noted this was something the residents were asking for; and
staff was looking for direction from the Commission on this issue.
Commissioner Durso moved to work towards installing
flashing red lights at the intersection of Rangeline Road
and Loch Lomand Avenue. Seconded by Commissioner
Bundy.
Commissioner Sackett inquired what this would look like.
Mr. Peters said they had two (2) options and the light would be right
below the stop sign or it would go above the stop sign. He said part of
. the problem was that there was a lot of hanging trees in the area and
consequentially stop signs were shorter than standard so the trees
don't interfere with the view line. He said having the light below the
stop sign may be more appropriate. He said his preference was to have
the light above the sign and that was the standard.
Commissioner Sackett said he would prefer it above because it's not
the norm from what you would see.
Deputy Mayor Cortes said he did look at some of his documents from
Community Traffic Safety Teams (CTST), and noted it was Problems
and Solutions back in June or July, the matter was brought up. He said
the Roadway Assessment Team went out and made recommendations
about changing the stop sign and the crossing of the stop bars had to be
repainted, which he thought the City had already completed. He said
CTST had closed out the Problems and Solutions on that matter and he
did not have a problem with this, and spoke with some of the residents
around that area dnd they also did not have a problem with this. He
asked if the City had reached out to all the residents who would be
affected by this light.
Commissioner Sackett asked if it could be triggered by a car corning
out of the neighborhood.
Mr. Peters said it could be, but it would be substantially more
expensive. He said the other thing would be that the triggering device
would be based on the speed limit of the road and to give the car the
opportunity to slow down. He said right now there was already a
warning sign there that a stop sign was ahead, if you were coming
from the north and heading south bound. He said that had not worked
because people make rolling stops and to have a triggering device
would not have enough time to slow down for the sign, if they were
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unaware of it. He said the flashing sign, you know its there and its red,
which was the universal symbol for stop.
Deputy Mayor Cortes said a sign would not do you any good without
any enforcement. He said that's currently what the Police Chief was
doing there and provided an example.
Mayor Maingot inquired why the County had to install the sign and
not the City.
Mr. Peters said the County was not the only one who had to do it; he
said they could contract through someone else and price it. He said for
the purpose of the Agenda Item, they used the price they received from
the County. He said there were a number of companies they would
contact to get pricing to do this work.
Commissioner Bundy said they were not asking Seminole County for
permission to install it; they were just getting the expertise.
Commissioner Durso said if it can serve as a warning to a few people
everyday, then the City should do it because it already paid for itself.
Commissioner Sackett asked if there should be an education
component to it and maybe run a test before permanently installing the
light.
Discussion was held regarding a battery operated light versus an
electrical light, and monitoring the complaints from the neighbors
regarding the lights and within thirty (30) days report the problems and
solutions.
Commissioner Bundy said in his neighborhood a traffic survey was
completed before installing traffic tables; and it was never voted on
whether the traffic tables would inconvenience the residents and was a
safety issue. He said of it was going to improve the safety. He stated
then the City should install it and the residents would get accustomed
to the light.
Motion carried by a unanimous roll call vote.
E. Read by title only, set December 6, 2010 as the public hearing date
and approve the first reading of Ordinance No. 104952;
Temporary Use Permits.
Mr. Langley read Ordinance No. 10 -1952 by title only.
Deputy Mayor Cortes moved to read by title only, set
December 6, 2010 as the public hearing date and approve
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•
the first reading of Ordinance No. 10 -1952; Temporary Use
Permits as presented. Seconded by Commissioner Bundy.
Commissioner Bundy asked if this entire Ordinance allowed the
Commission to waive the Temporary Use Permit (TUP) upon request.
He then cautioned the Commission to utilize the waiver authority very
sparingly because every time the Commission waives it, the
Commission would set precedence.
Ms. Bower reviewed the changes in the proposed Ordinance and
affirmed the TUP was not to exceed thirty (30) days with a minimum
of ninety (90) days between each permit.
Commissioner Sackett inquired about Christmas trees sales and how
many days their permit allowed them to sell those trees.
Ms. Bower said their permit was good for only thirty (30) days and it
began when they started work on the property.
Commissioner Durso left the meeting at 8:40 p.m. and returned at 8:42
p.m.
Motion carried by a unanimous roll call vote.
F. Read by title only, set December 6, 2010 as the public hearing date
and approve the first reading of Ordinance No. 10 -11953;
Amending the Master Lease Agreement between SunTrust
Equipment Finance & (Leasing Corporation and Equipment
Schedule No 3.
Mr. Langley read Ordinance No. 10 -1953 by title only.
Commissioner Bundy moved to read by title only, set December 6,
2010 as the public hearing date and approve the first reading of
Ordinance No. 10 -1953, Item 9 F. Seconded by Commissioner
Sackett.
Mayor Maingot said approval would be contingent upon receiving a legal
document from the supplier that these units full comply with National Fire
Protection Association (NFPA) Standards.
Deputy Mayor Cortes said he shared the same concerns as the Mayor and
had spoken with the Fire Chief. He said the Fire Chief was going to
provide him with the build sheets, and he has an understanding of these
trucks.due to his business and would know what to look for. He said in
this particular matter, he would like to serve as the expert.
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•
Mayor Maingot said he was not involved in the purchasing and was going
back to history and wants to ensure the City was well provided for. He
said the Fire Chief and City Administrator could be here today and gone
tomorrow. He said the City had to continue to live with that, whatever the
' consequences were and deal with it. He said he did not want to deal with
a situation like that anymore and wants a document that has teeth in it. He
wants a document that states the City was purchasing equipment that
meets all the criteria and if anything goes wrong, the City would have
recourse.
Commissioner Bundy said he wants to make sure it's certified so that two
(2) or three (3) years later, they would not have to go through this with
another Administrator.
Discussion was held regarding the NFPA Acceptance Test that would be
completed by a third party on the equipment.
Mayor Maingot inquired if a NFPA Acceptance Test was completed a few
years ago on the equipment.
Chief Hickson responded in the negative.
Discussion was held regarding the financing component of the Master
Lease Agreement.
Motion carried by a unanimous roll call vote.
10. CITY ADMINISTRATOR'S REPORT.
Ms. Powell said at the last Commission Meeting, Commissioner Sackett
had questions regarding the donated vehicle and where it should show on
the Financials. She then asked Mr. Williams to address that question.
Mr. Williams said in response to Commissioner Sackett's request, the
donated asset would not be recognized in the Monthly Financial Reports
•
that were presented to the Commission on a monthly basis. He said during
this time of the year, they were prepping for the annual audit and the
closing of last fiscal year's books. He said with that preparation, they go
through and update all of the City's assets. He said it would be included
in the Comprehensive Annual Financial Report (CAFR) in fiscal year
2009 and provided where the assets would be listed. He noted it would
not individually list the asset and would be audited by the auditors.
Ms. Powell said on November 8 she sent out an electronic mail to the •
Commission regarding holding a Work Session on the contracted Grants
Writer. She said the dates the firms would be available was Tuesday,
November 30 and Wednesday, December 1 She stated the
Commission also needed to have a Work Session with the Florida
Redevelopment Association (FRA) to give a presentation on Community
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Redevelopment Agency (CRA) and answer the Commission's questions.
She noted they would be available on Tuesday, November 30
It was' the consensus of the Commission to have a Work
Session on_November 30 and December 1 at 4:00 p.m.
Ms. Powell said at the next Commission Meeting, the Information
Technology Manager, Mr. Craig Dunn would be giving a presentation on
the Citizens Response System and this was an item Commissioner Durso
requested information on She said the Beautification Award Policy had
been created and would be sent via electronic mail to the Commission this
week and would be on the next Commission Agenda for the
Commission's approval. She said a telephone call was made to Waste Pro
regarding the garbage cans left in the street 'and it should be taken care of.
She noted the City Clerk and she would be getting together over the
holiday to work on the resolution for the Commission's Rules and
Procedures and would bring it forward at the first Commission Meeting in
December. She stated the energy audit was completed and tomorrow it
would be sent via electronic mail to the Commission.
1I. MAYO i° AND COMMISSIONERS' REPORT.
District #1. Mayor Maingot said on November 3rd was the CALNO
Meeting and President Ann McGee gave an update on Seminole State
College. He said he plans to invite President McGee to give the
Commission the same presentation. He said on November 4 he sent out
an electronic mail about his concerns about Ms. Paula Dockery being
included on the Governor -Elect Rick Scott's Transition Team. He said on
November 5 he followed -up with telephone calls concerning that
electronic mail and received confirmation from Chairman Bob Dallari of
Seminole County Government that appropriate action had been put into
effect through multiple sources. He said on November 8 the City
Administrator and he attended Congressman John Mica's press conference
in Winter Park and Congressman Mica noted SunRail was on track and he
expressed some concerns on High Speed Rail. He said on November 9
they signed the closing documents with the Florida Department of
Transportation (FDOT) for the land purchase from the City. He said on
November 10 with the City Administrator, he signed the closing
documents for the land purchase for the new Public Works Facility. He
said he congratulated Mr. Williams on producing the City's CAFR for
fiscal year 2009 and the City being awarded the Certificate of
Achievement for Excellence in Financial Reporting. He said on
November 11 he convened the first meeting of an advisory team to
explore any and all opportunities the City could pursue relative to the
Pic'n Save property and Fifth Third Bank. He noted the attendees and
stated assignments had been given and they would be meeting again on
December 2 " to review the progress and proposals that would address this
issue. He said on November 12 he met with President Bob Snyder of
South Seminole Hospital to review their future plans and prospects
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relative to space requirements that were tied into expansion of the
different types of medical services. He said on November 13 he visited
the Festival in the Park at the Woodlands subdivision, which included
Devonshire and Tyler's Cove subdivisions and noted a City and County
fire truck made an appearance. He asked the City Administrator to look
into the community garage sale that was suggested earlier by Ms. Putz.
He said he had been at the Seminole County Fire Training Facility twice
and observed that some of our people with their present girth dimensions
• would have a hard time to be able to do any of those jobs. He said he was
passing this out to those who want to take notice of this and wanted to
make sure that our people in whom we designate and depend upon for our
safety, are physically fit and capable of performing their functions.
District #2. Commissioner Durso inquired if anyone would like to car
pool to the Florida League of Cities meetings this week. He said he liked
the idea of the community garage sale, and said it would be worth looking
into and hear about at the next meeting. He thanked the staff in the
Leisure Service.Department, Fire Department and Police Department for
their participation in the Heroes and Horsepower Event and said they had
over 600 participants.
District #3. Deputy Mayor Cortes thanked everyone for the Deputy
Mayor and said he would do everyone proud. He thanked Commissioner
Durso for his work during the past year and hopes to be able to fill his
shoes. He said he liked the idea of the community garage sale, and it
would be beneficial and would like to see something brought forward. He
said the DARE graduation would be held on November 17 at Longwood
Elementary and he would be .attending the event. He then discussed a
recycle bank and said they were still researching the program to see if they
could apply it to the City. He asked the City Administrator to notify the
residents that Santa would only be at Celebrate the Seasons on December
4th and requested that a flyer be put together so that it can be distributed.
He then requested a timeline for the work paving of Orange Avenue and
Oak and it was still unpaved. He then discussed the Commission Rules
and Procedures related to Public Participation and requested the
Commission to adhere to those Rules in order to keep the meetings
moving forward. He wished everyone a Happy Thanksgiving.
District #4. Commissioner Bundy said he would like to see in the
Commission's Rules and Procedures, under the Agenda, the City
Administrator's Report and the Mayor and Commissioners Reports
immediately followed by the Public Participation. He said without the
dialogue, the participant would have.to sit through the entire meeting to
see if one of the Commissioners was going to address their issue. He said
that way they avoid the dialogue that occurred at the last meeting. He said
the City Administrator, Mr. Peters and the Division Manager of
Streets /Fleet, Mr. Tom Smith met with Ms. Judy Goad and Mr. Allan
Webber from the Barrington subdivision to discuss the wall issue and they
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came up with a couple of determinations on how to proceed. He said until
the City Administrator and he receives all the information, they would
know how to proceed with it and formulate a game plan. He said
concerning SunRail and some ofthe things that have been said about it, he
was on the Florida League of Cities Key to the Cities Task Force that was
going to do a presentation for the Governor -Elect Transition Team; and
one of the members of the Task Force was on the Transition Team. He
noted it was the Mayor of Sweetwater, Manuel M. Marono who was on
the Transition Team and he had an opportunity to speak with him. He said
last week, he was appointed as the Florida League of Cities Liaison to the
Transition Team and was well worth it when it came to the SunRail
Project. He said it was going to create approximately 125,000 jobs and
that was just one project. He said this needed to be approached as
investing money and not spending money because they will get back what
the State had invested many times over into the future. He invited
everyone to attend the 34 Annual Arts & Crafts Festival.
District #5. Commissioner Sackett said he appreciated the update on the
Pic'n Save and had recently spoken to another business that would be
interested in coming there. He said he told the Administrator today, the
player from the Bank may have changed, and was no longer living in this
area, and would see what was going on. He stated that he would not be
able to attend the Thanksgiving potluck held on November 22n from
11:00 a.m. to 1:00 p.m. but would send in some good food. He said the
Heroes and Horsepower Event was a phenomenal event. He attended 5th
Annual Families in Transition that Seminole County Schools support was
getting bigger and was up to 750 families served. He said they conduct
this at Winter Springs High School and they have their act down in
showing all of the available agencies that can offer the support when
someone gets in the needy situation. He inquired as to why the
homeowners associations were moved from the Community Building to
the Commission Chambers.
Ms. Powell said they were moving classes into the Community Building
the City were actually collecting revenue from them. She said, depending
on the number of attendees, they could move it to the conference room in
the Community Building.
Commissioner Sackett inquired about the road projects.
Ms. Powell said there were some utilities that needed to be moved and that
had slowed down the project and they were still working out there every
day.
Commissioner Sackett said he was highly supportive of the community
garage sale. He said he would not be able to attend the Florida League of
Cities Conference due to a family friend passing away. He noted on
Veteran's Day, he took 150 letters to the Veterans of Foreign Wars (VFW)
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from the students from the areas local schools. He said Longwood
Veterinary Clinic had their monument sign -up and it was a contest to
design the sign. He said they had landscaping put in and within that first
night, the landscaping was stolen and has been replaced. He said the
Closing Ceremony for the Babe Ruth Baseball would be held this
weekend.
112. CITY ATTORNEY'S REPO!': T.
Mr. Langley said he had an item for the Commission's discussion,
consideration, and decision on the Mary Gamble lawsuit. He said they
had received an offer from Ms. Gamble through her Attorney, Mr. Chris
Hill and the offer was as follows: In order to settle this matter, Ms.
Gamble was willing to within ninety (90) days with a possibility of an
additional thirty (30) days extension, if she was working in good faith,
completed certain remedial actions including repairing matters inside of
her home and bringing the swimming pool to a maintained and usable safe
and sanitary condition including an operable pump system. He stated
under the remedial action items, the Building Inspector for the City would
have to make sure those items have been timely complied with. He said
Ms. Gamble was offering she would grant the City a mortgage and
promissory note in.the amount of $2,500 to partially reimburse the City
for its expenditures in this matter. He said the promissory note and the
mortgage concept would provide a mechanism after the settlement has
concluded to not only partially reimburse the City but to also ensure to
provide some security for future compliance with the City Code and
proper maintenance of the property. He'said the note and mortgage would
be due on either Ms. Gamble's death or the sale of the property by Ms.
Gamble or a new violation found in an Order of Non - Compliance by the
Special Magistrate. He said this concept would not happen during Ms.
Gamble lifetime and if she continues to own and properly maintain the
property and make any payments to the City. He said under Ms. Gamble's
settlement proposal, if she can timely meet and complete the remedial
actions and grants the mortgage in the amount of $2,500 and the note to
the City, the City would then issue a release and satisfaction of the full
judgment amount for the Codes Enforcement fines against her property,
which amount to $120,475. He said also included in the settlement
proposal, Ms. Gamble was proposing the litigation be postponed
immediately upon the acceptance of the offer by both her and the City. He
said if Ms. Gamble, in her settlement proposal, did not timely complete
the remedial action, the litigation would resume in its current status as it is
now, subject to the defenses and motions raised by Ms. Gamble
concerning the final judgment. He said, however, in addition to that Ms.
Gamble's proposal would have the note and mortgage remain in place if
she defaults in her ability to timely complete the remedial actions and
there was a slight consequence for not complying with the remedial
actions timely. He said the hearing for Ms. Gamble's Motion for
Rehearing on the Final Summary Judgment was scheduled for November
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29 and this was the last Commission Meeting before the Hearing on this
matter.
Commissioner Durso asked Mr. Langley for his recommendation.
Mr. Langley said he had discussions one -on -one or through Executive
Sessions on the merits of the case and didn't want to get into those in the
public setting. He said they have a small mortgage note in the amount that
did not reimburse the City for the full extent of its litigation costs and
expenditures. He said his office had crafted a format of a settlement and
the dollar figure that was being proposed was solely a business decision
for the Commission to make. He said the format of the agreement, and the
mortgage concept was a good one and the other point that he heard was
the maintenance of the pool and it might be an issue in the future. He said
you would have the mortgage in place under this concept to address that
situation and it may not be the best way, but it was a mechanism to
potentially address that issue, in addition to the Codes Enforcement
process. He said there were some changes that Mr. Hill had proposed to
the format of the Agreement that he sent to the Commission earlier today,
which differs from the format we proposed. He said the first was, if
Ms. Gamble did not comply timely with the remedial actions that she
would waive any defenses and go right to enforcement of the City's
Judgment so they wouldn't be back with where they were now. He said his
proposed language was if Ms. Gamble does not timely comply with the
remedial actions, meaning completing the list of items to correct in her
home and pool, that she would forfeit her defenses and go right to a public
auction of the property. He said Mr. Hill had rejected that idea on Ms.
Gamble's behalf and could not recommend that to his client. He said what
they proposed instead, was the concept with the mortgage and it would
remain in place if Ms. Gamble defaulted of those remedial actions
occurring. He said in the future, once the remedial actions were
completed timely and the mortgage was timely granted to the City in the
amount of $2,500, the City would issue Satisfactions of those Judgments.
He said in the future, if there was a code violation, the mortgage provides
a process for declaring a default with the mortgage and the acceleration of
the dice date of the note and mortgage and the ability to foreclose the
mortgage against the home. He said one of the issues the Commission
may want to consider was the amount of note and mortgage.
Commissioner Durso inquired what was the total lien on the house was.
Mr. Langley stated $120,475 was the Judgment amount and in his
discussions with Mr. Hill, had suggested strongly that the City would be
looking for reimbursement of its litigation expenditures in this matter. He
stated Mr. Hill said $2,5000
Commissioner Bundy said he had spoken with Mr. Langley, and expressed
$2,500 was not enough and he would like to see at least another zero
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behind it. He said it had to be stiff enough that it would ensure her
• corning into compliance, but she would stay in compliance. He said this
was an issue that goes way back and Codes Enforcement complaints,
problems and compliance problems go back to when he was on the Codes
Enforcement Board. He said it had been a long time ago and he noted
whatever the settlement was, it needed to have some teeth in it to make
sure it comes into compliance and stays into compliance. He said he
understands there wanting to waive their rights, but $2,500 to him was
nothing. He said he did not want to create an undue burden and she owed
the City $125,000 in Codes Enforcement fines and interest.
Commissioner Durso said they were putting a mortgage on the house and
the City was holding onto the mortgage.
Mr. Langley responded in the affirmative.
Commissioner Durso inquired who was paying the mortgage.
Mr. Langley said the mortgage would come due upon either her death, her
sale of the property or her violation of the Code in the future and an Order
of Non - Compliance issued. He said it is not a matter of "if" but "when ".
Deputy Mayor Cortes said he agreed with Commissioner Durso and his
contingent had always been the pool. He said when he researched this, the
pool was the start of all this and his concern was she puts the pool into
compliance but can't maintain it. He said they were willing to make it
operable and have the pump. He said the pool needed to be maintained and
suggested having a monthly pool service to make sure this did not happen
again and have to come back to the Commission.
Commissioner Sackett noted the people in the neighborhood were tired of
this place and don't want this dragging on much longer. He said the pool
was the major sticking point and it needed to be a pool. He said there was
a realization of $125,000 in fines and $40,000 to $50,000 in Attorney fees.
He said the $25,000 was not enough, and recommended $40,000, and to
set it up as a mortgage with those three (3) conditions.
Mayor Maingot said he was almost certain they were going to come back
with a counter proposal. He said whatever the agreed amount was, he
would go along with the $25,000 and it was more than generous on the
City's part. He stated she did not have to pay one (1¢) cent to the City and
nothing happens until such time as one of the three things was triggered.
He said she continues to have status quo and live in the place and it would
force her to maintain the property.
Commissioner Durso said he would be firm on the $25,000 and would not
vote for anything less than $25,000. He said it is fair and she does not
have to pay anything until one'of the three triggers occurs. He said they
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need to be compensated for the amount of time they have invested in this
case. He said a lot of it had been unnecessary and had been perpetrated by
their behavior and not by ours. He said if they come back with a counter
proposal, they might as well go to court.
Commissioner Durso made a motion to set the mortgage at
$25,000 and include all the concerns brought forward by
the Commission about the pool and the maintenance of the
property. Seconded by Deputy Mayor Cortes.
Discussion was held regarding the pool being maintained by a professional
and to have a monthly inspection of the pool by a Codes Enforcement
Officer or by a representative of the Building Division.
Commissioner Sackett said he was not willing to write -off the Attorney
fees at 50% of the fees.
Deputy Mayor Cortes said he would like a third patty maintenance
agreement built into this because the third party would serve as the City's
eyes and ears. He said the minute she stops paying for the maintenance,
then it means it's not being maintained, and the City would be noticed by
the third party and it would serve as a trigger.
Commissioner Durso said it is not the City's role to make her hire
somebody to comply with the City Code.
Deputy Mayor Cortes moved to amend the motion to
include that she would agree to inspections of the property
randomly without being intrusive. Seconded by
Commissioner Bundy and carried by a unanimous roll call
vote.
Commissioner Sackett noted $40,000 was more reasonable.
Commissioner Sackett moved to amend the mortgage to
S4 0,000. Motion died for a lack of a second.
Mr. Langley restated the counter offer to accept the settlement agreement.
He said if -they present this counter offer to Ms. Gamble's Attorney and he
comes back with he cannot do it, he inquired as to how much time should
be given to them for them to accept the offer.
Commissioner Bundy said, however much lead -time that he needed in
order to cancel the Hearing and would leave it up the Attorney but does
not want to postpone the Hearing
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Deputy Mayor Cortes moved to extend the meeting.
Seconded by Mayor Maingot and carried by a four -to -one
(4 -1) roll call vote with Commissioner Durso voting nay.
Mr. Langley said if the deal was not accepted by November 22n then
they would be going to the Hearing.
•
Main motion as amended carried by a four -to -one (4 -1) roll
call vote with Commissioner Sackett voting nay.
13. CITY CLERK'S REPORT.
Ms. Mirus said during her review, the Commission asked that she attend
management classes and she looked into those management classes and
was going to sign -up for the Dale Carnegie Training which would have
begun next week. She stated since they did not have a full class, the class
had been postponed and would keep the Commission informed of what the
schedule would be for those classes. She wished everyone a safe and
wonderful Thanksgiving.
14. ADJ. Mayor Maingot adjourned the meeting at 10:04 p.m
/y
John C. , ; ®g9 M.yorr
ATTEST
Sarah Me Minus, MMC, MBA, City Clerk
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