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HomeMy WebLinkAbout_2005 11 07 City Commission Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING NOVEMBER 7, 2005 CALL TO ORDER The Special Meeting of Monday, November 7, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance was held. City Manager Ronald A. McLemore stated, "If there are some issues to the actual numbers or amounts covered that have been provided by the Insurance Company, these are the numbers that have been provided to us - if there are some issues there, then that would need to be worked out between the Insurance Company." City Attorney Anthony A. Garganese addressed the Commission and the audience regarding the reason for this Meeting tonight and stated, "It is my understanding that there is a little bit of an issue regarding what transpired on that evening when the sewer backed up into these people's homes. That issue really goes to responsibility, and I think the City Commission has put on record that the City is going to be responsible and is going to compensate the property owners for the damage that occurred." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 7, 2005 PAGE20F8 REGULAR AGENDA REGULAR 500. Office Of The City Manager Requests The City Commission To Make A Final Determination Regarding The Settlement Of Storm Related Damages Resulting From Sewer System Back Ups In Homes During Hurricane Charley. Discussion. Mayor Bush called a Recess at 6:40 p.m. The Meeting was called back to order at 6:42 p.m. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: addressed the City Commission with a visual presentation on his personal situation; suggested the City purchase his property; and discussed the value of his property. Tape I1Side B Mr. Jose Bibiloni, 1622 Wood Duck Drive, Winter Spings, Florida: spoke regarding the diminutive value of his property; selling his house; and his personal hardship. Ms. Monica Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: discussed the damages received during the sewer back-up; and noted that this situation was a great hardship on her and her family. Mr. Mark German, 1608 Little Sparrow Court, Winter Springs, Florida: spoke about the damages as a result of the sewer back-up in his home; the decrease in value of their home; and noted pain and suffering. Ms. Sueli Almeida, 1106 Superior Court, Winter Springs, Florida: spoke of her ordeal; and asked that the City be fair to them. Mr. Jack Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: stated that he had submitted a package to the City earlier this year; and suggested that the City Commission make this right. Mr. Mark Walters, 1605 Little Sparrow Court, Winter Springs, Florida: asked about compensation for out-of-pocket expenses, as well as an equitable settlement. Mr. Michael Camarano, 1609 Little Sparrow Court, Winter Springs, Florida: spoke about his Insurance Policy. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 7, 2005 PAGE30F8 Tape 2/Side A Mr. Camarano also noted that he has been negotiating with his Insurance Company; spoke of out-of-pocket expenses and the financial burdens that have been accrued; and requested that the City to be reasonable in their settlement. Ms. Wendy Mize, 1607 Little Sparrow Court, Winter Springs, Florida: commented on communication issues with the City Commission. Attorney Garganese remarked, "As I stated before, this Commission has had a policy of acting as a governing body and not speaking with individuals who have potential claims against the City." Ms. Mize continued with comments about an Insurance Adjuster's visit. Mayor Bush stated, "The Commissioner's nor I, can make any decision about what should be done. It has to be made as a body at a Public Meeting." Discussion. Attorney Garganese stated, "For the Record, I do not make those decisions and the Commission has, as you know a policy - we are here to protect the interests of the City. I never made that sort of a decision fourteen (14) months ago for this Commission." Commissioner Robert S. Miller spoke for the Record on Elected Official's contact information being available; and stated, "I never received a call from you." With further comments, Commissioner Miller added, "I never got a call from you and I just wanted to make that clear." Discussion. Mr. Scott Pendley, Esquire, Dean, Ringers, Morgan and Lawton, P.A., Post Office Box 2928, Orlando, Florida: addressed the City Commission and spoke on 'diminution and value' . Discussion. Manager McLemore spoke for the Record about the effort to restore damaged property. Manager McLemore added, "Our recommendation was to not only restore their property, but to pay their out-of-pocket expenses. So far, we are I think, all on the same track with each other, there might be some disputes between the Insurance Company maybe - relative to expenses that were not eligible or should have been paid at a higher number; but as far as we know, based on the record to date, restoration of their property and out- of-pocket expenses is what the goal was for the Commission, and that is what we're trying to do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 7, 2005 PAGE40F8 Additionally, Manager McLemore stated, "If there are on-going issues about restoration- then maybe we should look into that, but I think we are pretty close to restoring that property; and we're willing to pay your out-of-pocket expenses." With discussion, Commissioner Joanne M. Krebs stated, "The basis of my report to you was that they should be restored for the value of the carpet and the balance between what the Insurance Company is willing to pay - the City would step up and pay the difference." Discussion. Mayor Bush spoke of carpet damage in one of these homes and said to Manager McLemore, "If some carpet was ruined in the Mize's home, and let us say it was four (4) years old, I don't know if it was or wasn't, and they had this carpet replaced; did we pay for the replacement costs and not the depreciated value of the carpet that was there? Which was paid?" Manager McLemore responded, "Every place where depreciation was taken, and carpet was I believe in Mr. Mize's case, a depreciation issue, we placed back in here for you to pay that difference." Manager McLemore added, "Where we have verification that depreciation by the Insurance Company was taken, we have recommended that you pay that out-of-pocket depreciation." Deputy Mayor Blake asked, "But it has not been paid yet? Is that Correct?" Manager McLemore said, "The difference? No. This is all subject to what the Commission decides to do." "CAN THE COMMISSION AGREE THAT THE CITY - WILL MAKE UP WHATEVER THE DIFFERENCE THAT EXISTS BETWEEN THE ACTUAL REPLACEMENT VALUE TO REPAIR AND RESTORE THESE PEOPLE'S HOMES AND THE DEPRECIATED VALUE THAT WAS PROVIDED BY THE INSURANCE COMPANY - THAT WOULD BE A MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. Tape 2/Side B COMMISSIONER MILLER STATED, "THIS IS IN EFFECT THAT WE ARE TRYING TO DO THE RIGHT THING HERE THIS EVENING, SO AT THE END OF THE NIGHT, IF WE REACH A POINT WHICH IS NOT ACCEPTABLE, THEN THERE IS GOING - TO BE A REQUIREMENT THAT COMES BACK FROM THE CITIZENS INVOLVED - THEN BY AGREEING ON THE DEPRECIATION THING, WE ARE REMOVING THAT AND THAT WOULD STAND ALONE AND BE SOLVED, BUT THE REST OF IT WOULD NOT, IS THAT CORRECT?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 7, 2005 PAGE 5 OF 8 ATTORNEY GARGANESE STATED, "I GUESS THAT WE ARE GOING ONE BY ONE, SO RIGHT NOW IT WOULD ST AND ALONE, BUT THE COMMISSION APPEARS THAT THEY WANT TO COMPENSATE FOR OUT- OF-POCKET COSTS." FURTHER DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Mr. Jack Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: spoke about a "Working level" meeting; the Attorney's present; that they did not know to bring an Attorney; information that had been sent to the City regarding his situation; and possible litigation. Discussion. Mr. Jose Bibiloni, 1622 Wood Duck Drive, Winter Springs, Florida: spoke about medical conditions and claims. Ms. Monica Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: stated that there have been medical claims that were not reimbursed; and spoke of pain and suffering. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: remarked that he appreciated the previous Motion; and he would also like to revisit previous calculations. Discussion. Mr. David Smith, 1612 White Dove Drive, Winter Springs, Florida: stated that "I and my family are not at a point yet where we can come up with any type of data to provide to the City. 1 did seek Legal Counsel and found several remedies." Manager McLemore noted, "Smith and Walters are not ripe for any decision by this Commission because they are still in process with their Insurance companies..." Deputy Mayor Blake said, ".. .At this time, but at the appropriate time whenever that may be, once they conclude those actions that they are involved in, then they can come back before us." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 7,2005 PAGE60F8 Mr. Mark Walters, 1605 Little Sparrow Court, Winter Springs, Florida: spoke about dealings with his Insurance carrier. Discussion. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: stated that "If I sell my house, I go to work for the Pentagon, and I make ten thousand [dollars] ($10,000.00) profit, I will write you a check." Mr. Michael Camarano, 1609 Little Sparrow Court, Winter Springs, Florida: talked about his claim still being outstanding with his Insurance carrier. Mayor Bush called a Recess at 9:16 p.m. The Meeting was called back to order at 9:53 p.m. Deputy Mayor Blake said, "Where I sit on behalf of the City, I apologize that this has happened." Deputy Mayor Blake then remarked, "Because of the size I think, and the severity of this incident with you folks, it was probably apparent - it was to me, and it probably was to the Mayor and the rest of the Commissioners too, that this was going to be a long process to try and put all the pieces back together and that we may in fact find ourselves in the unfortunate situation of - somebody outside of this realm to help us get to the end. When that happens, it is true that the Commission does have a policy that when items are out there that we may end up going to court on, that we need to pull back a little bit otherwise we really put the City at a real disadvantage. In any matter that goes before a court where there is a question that has to be judged, it is important for each side to always protect their interest going through the process - because of all these reasons, I do not think that the Commission really has a good a handle on all of the different issues before us that we need to have at this time." Deputy Mayor Blake further added, "I think that it is important for the Commission to get to a fair answer, an equitable answer and that means fair to each of you but also fair to the City as well." Furthermore, Deputy Mayor Blake added, "In order to get there, I do not see us getting there tonight; and I don't think you would really expect us to get there tonight, without giving it even more careful consideration." Additionally, Deputy Mayor Blake suggested that "I think that we need to take another - it's the holiday season coming on - four (4) weeks, to have another Meeting, to give our Staff, this Commission time to get their hands around it and to direct our Staff to do some additional work to try and figure out how we ended up here, and what we can bring to the table to settle with you good people so that you feel as though you have been treated fairly, and that we do our job that we took an oath to do, and to protect the City as well. We have to do that and we have to have a backbone in this too. So I would hope that you would understand that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 7, 2005 PAGE70F8 "I WOULD LIKE TO MAKE A MOTION THAT WE SET ANOTHER SPECIAL MEETING TO REHEAR THIS ISSUE IN FOUR (4) WEEKS TIME AND DURING THE INTERIM, DIRECT STAFF TO GET WITH EACH OF US AND WORK DILIGENTLY TO PROVIDE SOME FAIR AND EQUITABLE SUGGESTIONS OF RESOLUTIONS, IF YOU WILL, TO PRESENT AT THE NEXT MEETING WITH THE AFFECTED HOMEOWNERS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER SALLY McGINNIS NOTED, "MORE DATA." COMMISSIONER KREBS STATED, "CAN WE HAVE UPDATED FIGURES, I MEAN THERE WERE SOME DISCREPANCIES ON FIGURES HERE AND I WOULD LIKE TO SEE THAT AS WELL AS I WOULD LIKE TO SEE THE INFORMATION THAT WAS SENT TO CITY HALL, THAT WE DID NOT GET AN OPPORTUNITY TO READ." DEPUTY MAYOR BLAKE SUGGESTED, "DECEMBER 14TH, [2005]." MAYOR BUSH STATED, "[DECEMBER] 14TH?" MR. MIZE ASKED, "IF YOU NEED SOMETHING FROM US?" DEPUTY MAYOR BLAKE ADDED, "MY VISION IS THAT THERE WOULD BE NO CLOSED LINES OF COMMUNICATION BEWEEEN THE HOMEOWNERS AND OUR STAFF. HOPEFULLY, EVEN MORE OPEN - OUR COMMUNICATION BETWEEN THE HOMEOWNER'S AND STAFF." DISCUSSION. MANAGER McLEMORE THEN SAID TO MR. MIZE, "I WOULD SUGGEST THAT IF THERE IS MORE INFORMATION YOU WANT TO BRING FORWARD, IF YOU WOULD PUT IT IN WRITING, IT WOULD BE VERY HELPFUL." COMMISSIONER DONALD A. GILMORE SAID, "RON, [McLEMORE] THERE IS QUITE A BIT OF DESCREPANCY IN WHAT IS BEING REQUESTED IN OUT-OF-POCKET EXPENSES - OTHER AND I AM WONDERING IF WE CAN GET AN INDICATION OF WHAT HAS BEEN PAID AND WHAT HAS NOT BEEN PAID; LINE ITEMS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 7, 2005 PAGE80F8 COMMISSIONER McGINNIS ASKED MANAGER McLEMORE, "I WOULD JUST ADD THAT THEY ALL MADE REFERENCES TONIGHT TO DOCUMENTS SUBMITTED TO THE CITY - THOSE I WOULD LIKE TO SEE. MAYOR BUSH REMARKED, "THE COMMISSION WANTS THE MANAGER TO SHARE ALL DOCUMENTS THAT HE HAS RECEIVED WITH THE COMMISSIONERS." MANAGER McLEMORE SAID, "THAT IS FINE, BUT YOU ALL NEED TO COME TALK TO ME ABOUT THAT; BECAUSE THIS FILE IS THIS THICK- YOU NEED TO COME AND - EXAMINE THE FILE." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush stated, "The Meeting is set then for December the 14th [2005] at 6:30 p.m." ADJOURNMENT This Meeting was adjourned at approximately 10:06 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC AND c ~ ~~~d~ CAROLLALLATH ASSIST ANT TO THE CITY CLERK APPROVED: )f6t~ NOTE: These Minutes were approved at the November 14,2005 Regular City Commission Meeting.