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CCMtg09-03-08MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West. Warren Avenue Longwood, Florida MINUTES September 3, 2008 '7:00 P.M. Present: Mayor Brian D. Sackett Deputy Mayor Ii.G. "Butch" Bundy, Jr. Commissioner John C. Maingot Commissioner Dan Anderson Commissioner Mike Holt Donovan Roper, Acting City Attorney John J. Drago, City Administrator Linda F. Goff, Recording Secretary Tom Jackson, Police Chief Tom Smith, Division Manager of Streets/Fleet ~ Richard Kornbluh, Division Manager of Utilities Carol Rogers, Director of Financial Services ~ Laurie Mooney, Fire Chief Ryan Spinella, Executive Assistant Paul Sizemore, Director of Community Services Fran Meli, Recreation Program Manager Chris Kintner, Community Development Coordinator Absent: Sarah IVI. Mirus, City Clerk (Excused) 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 10. PUBLIC HEARINGS. (PART 1) A. City Administrator recommends the City Commission read. by title only, set September 15, 2008 as a public hearing. date, and approve the first reading of Ordinance 08-187 which fixes the tentative rate of ad valorem taxation for the fiscal year commencing October 1, 2008 and ending September 30, 2009. Mr. Roper announced having proof of publication for the Public Hearings ' on the Agenda. He then read Ordinance No. 08-1875 by title only. CC 09-03-08/233 Mayor .Sackett read the following statement: The tax rate being proposed for FY 2008/2009 is $4.9900 per $1,000 of non:exempt assessed valuation. Said rate is 6.8856% lower than the rolled-back rate of $5.3595 per $1,000 of non-exempt assessed valuation as computed by F.S. 200.065. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Commissioner Maingot moved to approve the first reading of Ordinance No. 08-1875 and set September 15, 2008 as a public hearing date. Seconded by Commissioner Holt and carried by a unanimous roll call vote. B. City Administrator recommends the City Commission read by title only, set September 15, 2008 as a public hearing date, and approve the first reading of Ordinance -08-1876 which adopts tentative revenues, expenditures and fund balances for the City's fiscal year budget commencing October 1, 2008 and ending September 30, 2009. Mr. Roper read Ordinance No. 08-.1876 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Holt moved to close the public hearing. Seconded by Commissioner Anderson and carried by a unanimous voice vote. Commissioner Holt moved to approve the first reading of Ordinance No. 08-1876 and set September 15, 2008 as a public hearing date, as presented, Item 10 B. Seconded by Commissioner Anderson and carried. by a unanimous roll call vote. 3. COMMUNITY ANNOUNCEMENTS. Ms. Goff read the following announcements:. A. City of Longwood Heroes' Day Celebration, Longwood Police Department, 235 West Church Avenue, Tuesday, September 11, 2008, 7:00 p.m. B. What is Diabetes will be held on Monday, September 15, 2008 from 11:00 a.m. until 1:00 p.m., Longwood Community Building, 200 West .~ Warren Avenue. CC 09-03-08/234 Mayor Sackett requested Chief Jackson to come forward and discuss the Agenda for the Heroes' Day Ceremony. Chief Jackson reviewed the Tentative Agenda for September l lth Heroes' Remembrance Ceremony. Mayor Sackett said September 11th was on a Thursday, with the event beginning at 6:45 p.m. and the Official Ceremony at 7:00 p.m. He inquired if any of the other Commissioners desired to, join him in speaking. Commissioner Maingot said he would enjoy speaking at the event. Mayor Sackett suggested they theme the speeches so not to be redundant. Deputy Mayor Bundy suggested John Pedaling lead the Pledge of .Allegiance. He said Mr. Pedaling was the gentleman on the 9/11 Commission that acquired and presented the City with the piece of steel from the World Trade Center. He stated Mr. Pedaling was also a retired firefighter. Commissioner Maingot. inquired how we .stood in terms of participation from other cities and dignitaries. Chief Jackson ..said they sent out over two hundred invitations, but they have not had an overwhelming response. He attributed this to the storms and other events going on. Commissioner Maingot suggested Lyman High School Choir be invited to lead in singing the National Anthem. 4. RECOGNITIONS. ' A. District #2 Presentation of the Business Person of the Month Award for September 2008 to Longwood Babe Ruth Baseball League of Seminole County, Inc. Commissioner Anderson said the. work Longwood Babe Ruth Baseball League of Seminole County, Inc. does, and the contributions they make at the field are stellar. Most important, what they give to the children and families seems to grow each year. He stated it was great to build teamwork and character in children. He presented Mr. Warren Brown, President, Longwood Babe Ruth Baseball League of Seminole County, Inc. with the Business Person of the Month Award for September 2008. Photographs were. then taken. • CC 09-03-08/23.5 5. BOARD APPOINTMENTS. A. Appointment of a Citizen Representative to the MetroPlan Orlando Citizen Advisory Committee. Deferred to the next City Commission meeting. B. District #1 Nomination to the Ethics Committee. Commissioner Maingot nominated JoAnne Rebello. 1VIs. Goff advised Ms. Rebello serves on another board and members cannot serve on more than one board. Commissioner Anderson said this was an advisory committee. He inquired if it would count as a second board. Mr. Roper said he would cheek into this matter filrther and report back. C. District #2 Nomination to the Ethics Committee. Commissioner Anderson said he was going to nominate David Putz. However, he also serves on another committee. D. District #3 Nomination to the Ethics Committee. Commissioner Holt nominated Mirtha Martinez, 660 Sweet Briar Branch Road. Nomination carried by a unanimous voice vote. E. District #4 Nomination to the Ethics Committee. Deputy Mayor Bundy deferred the nomination. F. District #~ Nomination to the Ethics Committee. Mayor Sackett deferred the nomination 6. PUBLIC INPUT. A. Public Participation. Tom C DeNegre, 330 Ferdinand Drive, said last Friday they had a bit of an emergency in Longwood with Lake Fairy flooding. He called Tom Smith and they were there within 30 minutes. He stated they cleaned the canal and this allowed the water to flow taking away the threat to the houses on the lake. He said it was his understanding the Haunted House may go away this year. He stated this was an asset to Longwood and people would like to see it stay. He said if they could raise money through private or businesses, he would like to see this happen. ~ CC 09-03-08/236 r~ u Tonv Rossi, 580 Majestic Oak Drive, Apopka, said he has a business he has had for 25 years just off of North Street. He recently got his. dealer's license back andhe rented some space across the street. He stated he frst went to Planning and Zoning to make sure it was zoned appropriately.. They told him it was,. but no vehicles were allowed to be outside with a For Sale sign. He accepted this because he has old ears and may only sell two or three a year. He said he went to get an occupational license and the license for that operation is nearly $400 a year. His affirmed his concern with this fee was if he cannot advertise like a new car dealership, the tariff to operate 'it should not be the same. He stated it does not seem fair to have the same rate, or he should be allowed to operate the car business with For Sale signs out on the property, or if limited, it should be considered to _ ~ have a lesser fee. He said he wants to comply, but at the end of his one year lease, he would have to .look at this very hard to continue to operate this business or moving his primary business from the City of Longwood. JoAnne Rebello, 3'01 Loch Lomond, said during Tropical Storm Fay many of our sister cities and surrounding counties experienced severe flooding. She stated she was proud to say Longwood faired much better due to the foresight of this Commission, our Administrator, and the hard work of our employees. She said with three new Tropical Storm systems heading this ivay, she believes Longwood will again be in a superior position in dealing with overtaxed stormwater systems. She stated, though she is not ecstatic to be paying another fee, she does see how our stormwater improvements have made a positive impact on our City. She said she realizes to make it look easy it requires a lot of hard work and planning:. Levin Lewis, 840 Lyns Drive, said he received a notice this was a meeting about the new proposed taxes. He came because he had a few questions from the three documents he received. He stated they have a small business and operate the office out of their home. He. gave figures from his notice of how their taxes increased this year from last year's taxes. Mayor Sackett said this notice was from the Seminole. County Tax Collector's Office. He inquired if they had contacted them. Mr. Lewis responded in the affirmative, but said he didn't get any answers. Mayor Sackett advised this was based on what Seminole County was assessing properties and the taxes are based on that. He asked Ms. Rogers to get with Mr. Lewis and go over the documents with him. Richard T. Grimaldi, 1485 Shadwill Circle, Heathrow, said he was a business and property ownet° in Longwood. He stated he can understand this gentleman's confusion. He said the millage rate has reduced slightly or stays the same, but the assessment and the market value goes up tremendously and this results in the increase of taxes. He stated in one CC 09-03-08/237 year, from 2007 to 2008, the assessed and market valuation of his property has gone up 69%, 54%, and 153%. He said it looks good that the millage rate is the same, but it is really a shell game. Jerry Fedele, 190 Overstreet Avenue, said his concern was with flooding. His house is an older home, built in 1974, which means he is the lowest point on the whole block. He stated prior to the homes being built beside him, his property never flooded. However, currently the water runs off onto his property. He said now that the street is paved, it is higher and his driveway flooded up into his garage. He stated he received a bill to pay for assessed value on the street. He said he didn't think he should have to pay this until all of the flooding problems have been corrected. 7. CITY ADMINISTRATOR'S REPORT. No report. S. 'MAYOR AND COMMISSIONERS' REPORT. District #3. Commissioner Holt thanked all Department Heads, City staff, the Commission, and Administrator for the foresight they had with the stormwater. I=Ie stated they did a great job and moved all the water they could. He said regarding the Haunted House, if Mr. DeNegre can come up with something to contact the. City Administrator, and the Commission will be willing to listen. He stated the bottom line was that the money is not available. Mayor Sackett said it was his understanding. there are rivo issues with the Haunted House. He stated the fire safety issues were a major concern, as well as budget issues. He said the overtime costs to construct this were almost $90,000. He agreed to see what options Mr. DeNegre may have and suggested he meet with the City Administrator. He spoke with the Longwood Chamber of Commerce President this morning to make him aware it was gone. The Longwood Chamber President said there was a Chamber Board meeting this Monday and they will put it on the Agenda to see what they can do with corporate,. business, and private, sectors. He stated there was also. a time issue with only seven weeks prior to Halloween. District #4. Deputy Mayor Bundy said he had one thing they needed to address and it regards stormwater, Tropical Storm Fay, the upcoming storms and Fairy Lake. He stated they had several near misses with drainage issues going into Lake Fairy and coming out going into Lake Katherine. He said Billy Stroud lives in the very sharp curve on Grant Street going towards Dog Track Road and he had the concrete culverts and driveway collapse into the canal. He stated Mr. Stroud has talked with Commissioner Anderson a few times, and through his efforts, the City Engineer and Mr. Kintner Have gone out tb check this area. They are now getting into some jurisdictional disputes. In the meantime, there is a lot of concrete in the middle of this ditch. He said there is a storm on its way and there is no more absorption in the ground. He talked with County Commissioner Henley today and had a short. conversation with Mr. Johnson, Director of Public Works from the County. He said Mr. Stroud has some steel beams that he. would like to put ~ down and the County was checking to see if they have any of the one inch road CC 09-03-08/238 • plate available to give him so to create a temporary access. He stated he would like for City staff to work with him on getting the debris cleaned out. He declared this was going to require a major redoing and.no one wants him to put in another standard culvert. He said his concern was that this .family has been accessing that property by a foot bridge that was two feet under water from the last storm. He stated if they have an emergency, the emergency personnel would not be able to get to them in a timely fashion. He said he would like to see the City do as much as we can to help them. He declared this was not only important for this family, but also for other houses in that area. Commissioner Anderson said, with regards to the County, an important. thing to remember is that a significant portion of the input water comes off of County Road 427 and the County's canals. He stated the yards of the houses off of Tullis along the canal get flooded every time that the canal goes up. He said, in the jurisdictional issues, the County does bare some responsibility. He declared that this not only impacts everybody, not only on Lake Fairy, .but also impacts Lake Wildmere. He stated Mr. Stroud has no access. and they need to get a temporary fix and then everyone needs to assume their responsibility. He also added that now, with the driveway and bridge washed out, his sewer line is unsupported and in the way. More importantly, his potable water source is in a PVC pipe that is . sagging and unsupported. He said because of this he has a steady leak and his bill ' will be exceptionally high this month. He stated we need to be aware of that when he is billed; this needs to be averaged out. District #5. Mayor Sackett reported he has had a couple of meetings with Florida Department of Transportation (FDOT) regarding the Commuter Train Station and the property values. He has additional meetings coming up this Thursday and at the September 1 Sth meeting he will provide an update.. He stated Candyland Park is a beautifill park, but signage was needed. Mr. Sizemore said when the Longwood Trail was done there will be directional signs. District #1. Commissioner Maingot reported he came prepared to do a report on the Florida League of Cities participation. He said he would withhold his report until the other Commissioners are ready. He will provide the materials he brought back to the City Administrator. Commissioner Maingot said in regards to the $400 Business License for Automobile Sales, he inquired how many other locations did the City have similar to this. Mr. Drago said he did not have that information readily available. Commissioner Maingot asked the City Administrator to check into this matter. Commissioner Maingot said Longwood's Fire Department does a tremendous job. He stated with everything going on in Tallahassee, we dodged the bullet this time CC 09-03-08/239 around. He stated talking with people at the Florida League of Cities Confererice; ~ they anticipate we will have a real difficult time. He stated, traditionally with medical transports, he could not see why we have to have one of our large fire tracks go ouf to follow a medical transport when they are going specifically for a medical transport function. He said he has been told it was in ease they needed a third person for heavy lifts. He suggested the third person sit strapped in the back of the medical transport if needed. He stated we were in a situation where. the fuel budget. was high and we could conserve and save money. In anticipation of better cost control, we need to evaluate and look into this matter to see what we can do in terms of strictly medical transport. He also inquired with the Police Department, why we continue to buy large vehicles. He declared we need to think in terms of a more fuel economical unit, as other cities are doing. He suggested we look to see if it were feasible down the road to have smaller units to consume less fiiel. Mayor Sackett inquired what would they be looking into and who would come back to them. Commissioner Maingot suggested the Police and Fire Chiefs explore and come back to the Commission through the Administrator with what can be done to save on fuel and medical transit. Mr. Drago said he can get with the Chiefs to discuss this matter. He stated the Police Department has a program where they buy and sell cars every year. A lot of the cost~of the cars is predicated on what the customer wants. He said they still save money on the maintenance and cost of the vehicles, the way they do the program. He said the Chief has purchased some vehicles that are a V-8, but they run on four cylinders until reaching a certain speed. These fuel economy vehicles are being: injected into the fleet. He said all the other fleet vehicles they buy are four cylinders. He stated overall, the model they use is a good model. He said he would get with Chief Mooney on protocol to review the matter. Commissioner Maingot said regarding the Haunted House, they should try to see if they can pull this off for this year. He stated he knows there are rivo problems, one being the fire suppression, and secondly the. cost involved. He said he checked into this and the overall cost was somewhere between $80,000 and $85,000 of which approximately fifty percent (5'0%) was in overtime charges. He stated we have a Parks and Recreation Department, Parks and Recreation Advisory Board Members and five Commissioners that participate in the event to make it a success. He said they should be prepared to pitch in their support for the rivo nights the Haunted House is in operation and drastically reduce the overtime expenditure. He requested the Administrator to look into the possibilities of what could be done. Mayor Sackett said they also need to remember when they did Budget meetings this was one of the items discussed that was a strain on the Budget. He stated he also sees the loss of it being a strain on our community. ~J CC 09-03-08/240 • Deputy Mayor Bundy said they all sat down. with the Administrator, Ms. Meli, and Ms. Rogers previously, and while it is regrettable; it is hard to justify spending tax dollars to set this up. He stated it takes several weeks to construct and get the Haunted House ready. He has been participating in this a long time and the expense comes in with setting up and tearing down, not only overtime. He said since the Building Code has changed, those. types of things are very difficult. He stated if there were a permanent structure available, perhaps they could meet code. However, Halloween is less than seven weeks away. He said there will be an event for children and families with businesses participating. District #2. Commissioner Anderson said he spoke with Mr. Rossi on the telephone and asked him to come here so the Commission could hear his issue. He collects collector ears and this is no where near the same kind of business as a used or new car lot. He stated Mr. Rossi understands he cannot have cars outside and run this as a used ear lot. He said Mr. Rossi has already gone through the State to get his car broker license. He stated he would like the City to look into whether they are applying the Codes fairly and properly and look to see if they can do this differently. Deputy Mayor Bundy suggested they may want to look at an additional classification. He said he is assuming this was more of a broker than a dealer. He stated this was more of a private clientele. ' Mr. Drago said they would look into the matter. Commissioner Anderson said he did not know how they could get by the fire safety issue with the Haunted House. He stated in a time where they have been asked to be accountable, financially responsible and not raise taxes, they all made this hard choice. He said if there was another way to do the Haunted House, each one of them were behind that and would like to see it continue. Commissioner Anderson said he has noticed in driving through the City they have some sign poles painted green with the paint flaking off. He suggested these be placed in the routine maintenance list: 9. CONSENT AGENDA. A. Approve Minutes of the August 18, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for September 2008. C. The City Administrator recommends the City Commission approve a Change Order to increase Purchase Order 12603 to National Building Services, Inc. by the amount of $6,000.00 and authorize. the City Administr-ator to sign the Purchase Order. D. City Administrator recommends the City Commission approve the purchase of Lot 189A of Lake Searcy Shores (Tax Parcel #31-20-30- CC 09-03-08/241 503-0000-189A) for $50,000 with $2,000 in associated closing costs and `~~ authorize the City Administrator to satisfy two city liens and sign all appropriate documents. Commissioner Holt moved to approve the Consent Agenda'as submitted. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS (PART 2) C. Finance Division of the Financial Services Department recommends the City Commission read by title only, hold a public hearing, and adopt Resolution No. 08-1196, which confirms a wastewater assessment for the 2008 Wastewater Assessment Area, establishes the assessment roll -and provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 08-1196 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Resolution. Commissioner 1Vlaingot moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice _ , vote. ~ Commissioner Holt moved to adopt Resolution No. 08-1196, as presented, Item 10 G. Seconded by Commissioner Maingot. Commissioner Anderson asked if this was the annual re-authorization of what they have already done for the wastewater assessments. Ms. Rogers explained this was for voluntary new assessments added to the tax .rolls. Motion carried by a unanimous roll call vote. D. Finance Division of the Financial Services Department recommends the City Commission read. by title only, hold a public hearing ,and adopt Resolution No. 08-1198 which confirms a paving assessment for the 2008 Overstreet Road Paving Assessment Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 08-1198 by title only. Ms. Rogers introduced Chris Traber with Nabors, Giblin & Nickerson, P.A. He is our Attorney for special assessments. She said it was brought ~ to her attention earlier this week that we had to make a change in the CC 09-03-08/242 methodology for the assessment and this requires amending the initial Resolution which is confirmed in this final Resolution. Mr. Traber explained there were three changes to the Resolution contained in the Agenda Packets. The first change. is in the body of the Resolution,. and the~other two changes are in the Appendices. He reviewed the first amendment, on page three,, Section. 4, Confirmation of Initial Assessment Resolution .should read as follows: "Resolution 08-1.1.97, Overstreet Avenue road paving assessment area Initial Assessment Resolution is hereby amended by adding: Section 1.03 General Findings (J) ...In addition, because a portion of Overstreet had been previously paved, the four (4) parcels adjacent to this newlypaved portion will not be assessed crf the rate for the ficll amount of the project. The property owners will be charged for a prorated portion consisting of the sidewalk and storn2tivater improvements only. " Mr. Traber said the second change from the Agenda Packet version was on Appendix E, Assessment Roll. He stated the revised or amended roll represents the lower dollar amounts. The final change is on Appendix D-1, Notice of Assessments. He advised the last sentence of the first paragraph currently reads "Resolution No. 08-1198 establishes a maximum annual assessment rate of X25.00 per front, foot for residential parcels and $137.01 per front foot for all other types of parcels." This is to be amended so that instead of $137..01 it reads "....39.33 per front foot for ccll other types of parcels: " Ms. Rogers pointed out that the section of the tax roll in Appendix E was. in a later item and those four parcels will be amended in the tax roll to be approved for the Tax Collector. Mr. Drago said the City Attorney had recommended conducting the public hearing, then make the necessary motions to amend relative to counsel's recommendation. Mr. Roper advised it was important to identify, for the. record, the. four parcels being discussed. Ms. Rogers identified the parcels to be 174 Overstreet, 525 County Road 427 South, 150 Wildmere Avenue East, and 220 Wildmere Avenue East. She stated these were all commercial properties. Mayor Sackett opened the public hearing. No one spoke in favor to the . Resolution. CC 09-03-08/243 The following spoke in opposition to the Resolution: Jerry Fedeli, 190 Overstreet Avenue, said'as far as the assessed value for paving the road, he was in a dilemma. He said he loved the road and sidewalk, but his property was built in 1974' and he felt the inspection of other homes on either side of him were not properly taken care of where the water was not distributing off of their property out to the flow of the street.. Now with the severe. storms, it is getting really bad running off onto his property. When the. road was put in, it pitches, creating water coming up to his garage. He said his entire yard was saturated and he was not able to flush his septic system going into the house. He stated he was against this until everything was taken care of. Mayor Sackett inquired if he spoke to anyone during this storm. Mr. Fedeli said he spoke to Mr. Kintner by electronic mail and he was informed about the catch basins they were going to put in. He stated his other concern was, from what he was told, when other homes were built around apre-existing property, the water was supposed to be drained off into the proper areas and not onto the existing property. ~~ Mr. Sizemore said they did go out to the neighborhood and saw the water flowing. across Overstreet. Arrangements were made for drains to be put in to help carry this water across the street. He stated this work should be ~/' taking place very soon. Commissioner Anderson said each property owner was responsible to drain their own property and cannot-send it to a neighbor's property. He stated the neighbor may need to put in a French drain in their yard. Mr. Fedeli said this should have been taken care of by the contractors when the homes were built. He stated he did not want to put this off on his neighbors. Commissioner Anderson said the backyard was a secondary issue of what was before them today.. He inquired if we had a satisfaction this will be resolved for him. Mr. Sizemore said the first step was to get the yard drains installed, have the City Engineer be involved in the installation, and see what kind of impact this has. He stated because Mr. Fedeli's yard is the low spot, it flows through his yard to the front. He .said they need to go one step at a time to see if it resolves the problem. If not,. then they can explore other options. Deputy Mayor Bundy said this was rivo separate issues. The City is responsible for dealing with the .street issue. He stated it may have been ,~~ that the houses met the Code at the time they were constricted. The Codes CC 09-03-08/244 change and even though you are required to retain your stormwater, it also takes into consideration the calculation of the run. off and sheet flow. He said when the City does inspections, they don't cheek the grades, but the engineer on the site should be certifying the grades. He stated our engineer reviews the plans for sufficiency; but the engineer that seals the plans is the one ultimately responsible. Mr. Drago said they would have to pull the house plans. He stated most of the time swales were- included and over time they may fill in the swales. Deputy Mayor Bundy moved to close the public hearing. Seconded by Commissioner Holt and carried by a unanimous voice vote. Deputy Mayor Bundy moved to approve Resolution No. 08-1198. Seconded by Commissioner Holt. Mr. Traber reviewed the amendments to Resolution No. 08-1198 areas follows: Amendment 1 -Section 4, Confirmation and Amendment of Initial Assessment Resolution shall be amended as follows: "Resolution 08- 1197, Overstreet Avenue road paving assessment area Initial Assessment Resolution is hereby amended by adding.• Section 1..03 General 'Findings ' (J) ... In addition, because a portion of Overstreet had been previously paved, the four (4) parcels adjacent to this newly paved portion will not be assessed at the rate for the fill amotcnt of the project. The property owners will be charged for a prorated portion consisting of the sidewalk and stormwater improvements only. " Amendment 2 -Appendix E, Assessment Roll shall be amended as follows: LSOV OS 21-30-515-0000-0070 ~ 183.33 LSOV 05-21-30-515-0000-0090 $ 206.67 LSOV 05-21-30-300-005C-0000 ~ .166.67 LSO.V OS-21-30-300-0050-0000 $ 166.67 LSOV OS-21-30-300-00SA-0000 X1,048.80 LSOV 05-21-30-511-0000-0380 $ 629.28 LSOV 05-2.1-30-511-0000-038B $ 550.62 LSOV OS-21-30-511-0000-038A $1,.048.80 ' LSOV 05-21-30-515-0000-0010 ~ Sl. 6? Amendment 3 -amends the last sentence of the first paragraph in Exhibit D; Notice of Assessments as follows: "...and $39.33 per front foot for czll other types of parcels. " Commissioner Maingot moved to approve the amendments. Seconded by Commissioner Holt. CC 09=03-08/245 Commissioner Anderson said there two things to keep in mind .for these ~-'1 particular parcels. He stated these were business parcels, in which case they do not. receive the capped rate and are assessed the full rate. He said it previously had paving and the City chose to tear it out and put it back. However, they are being assessed for the stormwater and sidewalk improvements. Motion to amend carried by a unanimous roll call vote. The main motion carried, as amended, by a unanimous roll call vote. E. The Community Development Division of the Community Services Department recommends the City Commission read by title only and adopt Ordinance No. 08-1873 to readopt Chapter 74, Stormwater Management, of the Lonb vood City Code. Mr. Drago said due to an advertisement glitch with The Sanford Herald, he recommended this item be tabled to the next meeting. Deputy Mayor Bundy moved to table the public hearing to September 15, 2008. Seconded by Commissioner Holt and carried by a unanimous voice vote. ' ~' 11. REGULAR BUSINESS. A. Mayor Sackett recommends the City Commission read by title only and adopt Resolution No. 08-1201 which encourages the Seminole County Board of Education to sustain the current level of transportation services provided to the physically and mentally impaired involved in the Seminole Work Opportunity Program (SWOP). Mr. Roper read Resolution No. 08-1201 by title only. Mayor Sackett said this came out at the Mayors and Managers meeting. Mayor Bush informed all the Mayors and Managers this Program was being cut substantially. He stated these were people who are mentally impaired and feel they can work and are functioning as a positive person. He said they are learning values, and busing is about to be cut. He stated they have been asked to pass this forward to encourage support to try and find funding for this Program. Commissioner Holt moved to adopt Resolution No. 08-1201, as presented, Item 11 A. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. ~~' CC 09-03-08/246 B. City Administrator recommends the City Commission discuss the Single Family and Duplex Driveway Access Policy and take action the Commission deems appropriate. Mr. Roper said there was a related issue on this Agenda, Item 11 L, coming up that this would relate to. He stated there were a couple of options that were attached to the Agenda Item. He said the preferable option would be Option 1 with some amendments. He suggested taking out the last sentence of paragraph two, and the last sentence of paragraph five and leave in paragraph seven as this sentence is the totality of paragraph seven. He stated the differences in Option 1 and Resolution No. 06-1140 is that paragraph six in Option 1 did not exist before. This paragraph was added at the suggestion of Commissioner Anderson to provide some mechanism for requesting a variance to the City Commission for an additional access. The second change is .paragraph seven of Option 2 that no property owner shall have more than one additional driveway access on any adjacent right-of--way. He reiterated that Option 1 was preferable with. the noted changes. Commissioner Nlaingot said, if he heard correctly, the last sentence of paragraph rivo is to be deleted. Mr. Roper responded in the affirmative and said also the last sentence of ' paragraph five. He stated, other than this, he felt Option 1 was preferable because Option 2 does not have the language needed regarding granting access from another adjacent right-of-way. He said paragraph four of Option 2 opens too many possibilities. He stated it should be noted that the previous Resolution No. 06-1140, passed in 2006, simply talked about the property owner desiring to park vehicles in the rear yard. Option 1 states in paragraph five, if the property owner cannot access their rear yard from the designated driveway right-of--way, then a driveway access can be granted on an adjacent right-of--way as long as it does not create a public safety hazard as determined by the Police Chief. He said it was a different set of semantics and paragraph. five and six of Option 1 would be preferable. Deputy Mayor Bundy said these were saying the same, thing they have always said, if they can't access the rear yard from the designated driveway right-of--way. He stated he thought they had discussed this and it was clearly his intention that if they want to utilize their rear yard, whether they have access or not, they were going to allow it. He inquired who was going to determine whether they can or cannot access the rear yard. He said they may be able to access it for one purpose, but maybe not for another purpose. Mr. Roper said the current Resolution in effect, 06-1140, paragraph five states that if a property owner desires to park vehicles in the rear yard and cannot access the rear yard from the property's designated right-of--way, CC 09-03-08/247 then an access can be allowed provided it does not create a public safety `~-J issue as determined by the Police Chief. He reiterated, in his opinion, the preferable language from Option Z and Option 1 is in Option 1, paragraph five. He reviewed the language of paragraph five of Option 1 and paragraph 4 of Option 2. He stated if they want. to follow the original rationale for Resolution No. 06-1140; the preferable way to do this would be to adopt Option 1 and the language in paragraph five. Deputy Mayor Bundy said that was the portion he was desirous of changing. He stated he thought they were going to get out of the business of deciding whether they could or couldn't, as long as no public safety hazard exists, and the design standards were. met so not to damage swales or the infrastructure. He said it does not state who determines if they can or cannot access. He wants to know ifthe homeowner will decide they cannot access it the way they want, or will City staff determine they cannot access the rear yard. Mr. Roper said. paragraph six allows the property owner to come to the Commission to request a variance. Deputy Mayor Bundy said it was stated at the last meeting that no property owner shall have more than one additional driveway access. Commissioner Anderson made the argument that there may be situations , where somebody may want an additional access, butthey should prohibit ~ ~~ it unless they can come up with a good reason. He stated the Commission agreed with this. He declared, if someone lives on a corner lot, unless there is a public safety issue, and they address concerns regarding the driveway apron and the impact on the sidewalk and gate issues, they should be allowed to access and utilize their property. Commissioner Anderson said he was pleased with the way this came out. It addresses the issues raised and meets the requirements the City Administrator had for the desire to reduce the number of driveway openings, while allowing for them where it makes sense. He stated, most importantly, the City has a tendency when writing policy, that it is very easy to~ capture 90% of the cases in a few paragraphs. Then they have to start addressing all of the exceptions. He said in a very neat few sentences in paragraph .six, if this does not meet your needs, it allows for the process of a variance. He declared Option 1 addresses the City's concerns, but also allows the concerns of applicants to be addressed. Commissioner Maingot said he reads this that the Police Chief is the only one that determines access can be granted as .long as there is no public safety hazard. Mr. Roper reviewed the language for the current Resolution No. 06-1140 and said if the Commission wants to stay true to that form, then the .~~ preferable choice would be Option 1 with paragraph five. If the desire is to CC 09-03-08/248 .get away from the accessibility, they can do this and that is the key distinction between paragraph four of Option 2.and paragraph five of Option 1. Mr. Drago said Option 2, the way crafted, basically is granting a second driveway opening to any property owner, as long as it does not create a safety hazard. Option 1 allows for a variance provision. He stated this has been discussed many times by the Commission. Commissioner Anderson moved to go with Option 1, striking the redundant sentences that the City Attorney pointed out. Seconded by Commissioner Maingot and carried by a three/two roll call vote with Deputy Mayor Bundy and Commissioner Holt voting nay.. C. The Community Development Division of the Community Services Department recommends the City Commission review a request from Rick Lightly to extend the timeframe for a temporary use permit for Jack's Sports Bar at 274 West SR 434 from 30 to 90 days for a weekly event. Mayor Sackett said the last time. this was on the Agenda and it was not signed properly. In the explanation and background notes, the owner of the facility has granted permission. He .stated many of these dates have already passed and inquired if he was asking we allow him to hold these activities the remainder of September and October. Mr, Sizemore said this appeared on a previous Agenda and didn't have property owner's authorization.. The Temporary Use Permit (TUP) was voided at that time. He stated after the Applicant tnet with the property owner and received the correct authorization, a few details were worked out. He said the days were moved from Sundays to Thursdays and the time was shortened for the events. The.property owner signed the necessary forms and submitted them to the City so the TUP was reissued. He stated there was a limitation for a total of thirty days and they had already used a number of those days. He said without any extensions the current TUP would expire on September 9th. Mr. Lightly has requested to come to the Commission because his event is only taking place one day per week. This was for a total of five days in August when he was permitted to operate the frill thirty days. He is requesting the additional days in September and October as listed in the Agenda Item. He advised these dates were on Thursday evenings. Mayor Sackett said events have been held and he inquired if everything seemed to go well. Mr. Sizemore spoke to Chief Jackson prior to this meeting and he indicated there were some concerns about U-turns being done. He said if there were any issues that arose during the course of the event, then they CC 09-03-08/249 would always have the ability to readdress this event continuing to take ~ place. At this time there have been no complaints. Mr. Sizemore stated the conditions of Temporary Use Permits provides for the City to intervene for public safety or public nuisance issues. Commissioner Holt said he cannot understand that they will not give Lyman High School permission to have a Fun Day Event. However, they will allow an event with outdoor drinking. at a place on State Road 434. Mr. Sizemore said the TUP was only to be able to hold the event and has nothing to do with the consumption of alcohol. He advised the Applicant would have to go through the State for this. He stated the TUP is routed through Lt. Cohen of Codes Enforcement and he does review and impose conditions. Commissioner Maingot inquired if they could ask for a clarification of what Commissioner Holt,had stated through the Police Chief.. He asked Chief Jackson to clarify the point with regards to having a license granted by the State and the prohibition for the consumption of alcohol outside in the open. Chief Jackson said this was referring to a Ciirb Liquor Law. He advised a convenient store that does not have an on-sight consumption licensing can only sell. A sports bar or a bar of this nature cannot consume outside the building unless they have a special permit which is what they are applying for. He stated there were two issues, one which is the code that allows a special permit and the second is the State allowing the sale and consumption of alcohol. He said when you go outside the confines of the stntcture which is leased to this outside event; he is covered first by the liquor law through Beverage,. then by our Ordinance. He stated this would be comparable to the Handle Bar and Grill that holds their outside barbeque in their parking lot and the Shovel Head which has a beer garden attached to the side of their building. He said to address Commissioner Holt's concerns of public safety, they would be present if there is outside consumption and if it gets out of control, by Ordinance, they would have. the authority to shut the operation down and the Commission would revoke their special permit. Mayor Sackett inquired if they had operated this event hvo or three times. Mr. Sizemore responded in the affirmative. Mayor Sackett inquired if there had been any issues. Chief Jackson said there had been no issues. Deputy Mayor Bundy asked if there was a limit of the number of Temporary Use Permits a business can request during a year. CC 09-03-08/250 • Mr. Sizemore responded in the affirmative. He said the requirement would be thirty days up and then ninety days down. He advised it was similar to a sign permit. Deputy Mayor Bundy said they would only be able to get three in a year. He stated the Applicant would be using his up with this extension. Mr. Sizemore said, since he is asking for something from the Commission above and beyond,. the Commission could offer conditions if they desired.. Commissioner Holt inquired if the other establishments mentioned went through the same process. Mr. Sizemore advised if holding an outdoor event, then they would need to obtain a permit. Commissioner Holt said he would like to know how many permits other establishments that serve alcoholic beverages for consumption have pulled for the same type of event over the last two years. Commissioner Anderson said his one concern would be for the night of October 30th. This night could have the potential for problems. Chief Jackson said the dates listed were specifically on Thursdays.. He stated Thursday nights in Central Florida are referred to as bike night. He said he was sure part of his intent was to become part of the circuit where riders go from specific locations that have been established. As a new business, he is trying to create a client base of attraction to bring them back repeatedly. He advised the Shovel Head has outside consumption,. but. they have incorporated the side part of their property with a small picket. fence and an overhang. By doing this they have limited the mobility of the consumer being adjacent to their property. He knows the Handle Bar and Grill have had outside events in their parking lot with outside consumption outside of their confined leased space. He mentioned two other establishments that have held such events. Commissioner Anderson said as long as they know people are not getting on our roads inebriated. Chief Jackson said that was their focus, the public safety aspect. He stated with a new function like this,: they are very alert. He said every bar has a parking lot and it is against the law to drink and drive. He said it is the responsibility of the consumer to act responsibly or have a designated driver. He stated if the applicant meets the criteria set forth by the Commission-and by the State, it is then in the Police Department''s interest to make sure the public. safety is protected-.and they will monitor the area. He declared should they not act responsibly then they will act accordingly. CC 09-03-08/251 Deputy Mayor Bundy moved to approve the extension of the Temporary Use Permit for the dates in question. However, in addition, this be considered the twelve month worth of Temporary Use Permits for this property from August 1, 2008 to July 31, 2009. Seconded by Commissioner Holt and carried by a four/one roll call vote with Commissioner Maingot voting nay. D. City Administrator recommends the City Commission discuss a potential collaboration with Seminole County concerning a proposed new fire station on the northwest corner of Longwood Hills Road and Lake Emma Road and take action the Commission deems appropriate. Mayor Sackett asked Chief Mooney if she could bring them through why they are at this point. Chief Mooney said there has been a large influx of building that has taken place above Longwood Hills Road and the Lake Emma area. She stated because of our unique system that they rtm with non jurisdictional boundaries, City units respond to the County in addition to Lake Mary units responding. She said this has been brought forth to help alleviate that void area not being covered at this, time. Mayor Sackett inquired if a station was put in this area, would it allow the County to focus- more on The Crossings, The Woodlands and Seminole County properties. He also inquired as to what was the thought in placing the. station there rather than towards State Road 43'4.. Chief Mooney said she can only refer to the letter provided to her dated Apri12008. She stated she could not answer for the County as far as why they chose that location. She can only address the fact that the City Stations, where currently located, best serve the community and the incorporated area of Longwood. She said her first priority as the Longwood Fire Chief was to ensure the citizens get effective and efficient service: She recommends they maintain this status quo. Mr. Drago referred to the maps and said this was the way the stations were laid out for both County and City stations: He said the circles indicate the radius the stations cover. He stated there were three areas Ms. Coto felt the County was a little deficient; and he pointed out those areas on the map as being near Markham Woods Road, Lake Emma and Longwood Hills Road, and the last one by Alafaya Trail. He said it was his understanding the reason the County picked the station at Lake Emma and Longwood Hills Road was due to their owning the property. Commissioner Maingot said some options had been indicated and he asked Chief Mooney what was her professional opinion. ~~ CC 09-03-08/252 ! Chief Mooney declared it was her professional opinion to maintain the two City fire stations where they are currently located to best serve the community.. Commissioner Maingot inquired what was the possibility or probability of negotiating with the County to take on additional coverage they want to have accommodated by that station and being compensated for the service provided by the City. He said the City was currently providing the service and he sees this as an opportunity for the City to continue to provide the service and be paid for it. Chief Mooney said there were a couple of ways of addressing that issue, all of which are political in nature. She stated she tried to stay operational. She said she agreed there was a void there that needed to be f lied, She would highly recommend the County open a station somewhere in the area. However, she does not feel the site selected is the best location. She stated this was an area that was hard to egress out of because of residential areas. She said beyond that, she agreed that it does strain the system. She advised our City units, year to date; have run 2,129 calls, of which 756 were outside ofthe City. She stated that numberincludes other municipalities and into the County. We have also received units coming into the City 153 times. She said the City averages close to 4,000 calls a year. Mayor Sackett inquired if Chief Mooney was saying she is comfortable that Stations 15 and 17 were maintaining the quality of fife for our citizens and we were doing fine with our resources. Chief Mooney responded in the affirmative. She said so much so that she would reflect back to the letter itself, which mentions currently both .stations have recently been renovated,. they have a new outfit of units, reliable reserve units, and staffing was at a level at which she is comfortable. She stated she does not see any huge changes needed in the Fire Department for some time unless the City chooses to aruiex a lot of additional property or there is a huge increase, in the call volume. Commissioner Holt,moved to extend the meeting. Seconded by Deputy Mayor Bundy and carried by a unanimous voice vote. Deputy Mayor Bundy suggested we not say we don't want a station there because of the traffic. He said we have to go in the opposite direction of the same traffic. He stated we do not have enough information to say yes or no, we are. in the early stages and need to know what they are asking for. There have been many scenarios put forward and he does not want to just say no. He said they don't want to see the redundancy of a station at Lake Emma Road. He stated he did not think a station at Lake Emma Road, with Station 15 where it is, serves any purpose. As they have indicated, parcels of land are hard to come by. He said he does not want to CC 09-03-08/253 dismiss it out of hand, but at the same time it requires more information like how long would the deal be for. One of his concerns is if moving it, what will the coverage be and will we be covered if we consider it. He stated perhaps this would be an opportunity to be compensated for some of our trips if we move forward in a positive approach. He said there were more details to be forthcoming and suggested a Work Session with the County. Chief Mooney said operationally, moving the station further north creates increased time and response to the southern part of the. City's border and in doing so, you are also taking on additional unincorporated City area that our units will be tied up in transporting. She declared it was nice having two rescues in the. City that can get to any of the homes within four to five minutes. Deputy Mayor Bundy said you cannot service an additional area using the resources eve have at Station 15. He stated if there is a cost sharing involved, we could perhaps keep Station 15 as a rescue only unit. He reiterated they need to look into all of the possibilities. He said ninety percent (90%) of our calls are EMS calls. He stated there were options to explore. He said if doing this, he knows they are looking at additional personnel costs. Commissioner Anderson said the point Chief Mooney made has a subtle ~ ~ aspect. If you move the geographical location of the units, the computer is going to shift the coverage area of those units north and the computer will tie iip Longwood's resources to service the County. He said we will provide better service to unincorporated Seminole County and give poorer .service to the taxpayers paying for the units. He stated Deputy Mayor Bundy's point is one they have been making for several years now. If asking us to commit forty percent (40%) of our resources in to the County, there needs to be reimbursement. He said we need numbers of what Longwood is spending to service unincorporated Seminole County and not getting reimbursed for. He agreed we need to have a Work Session with the County. He stated we need the County to legitimately tell us, if it is their decision, that they want us to continue to spend forty percent (40%) of our budget in the County. Commissioner Maingot said if we are covering that cost, he sees this as an opportunity to say to the County, how about annexation of the areas they want us to cover so it makes esonomie sense to look for a third station. are providing the service there. This is one way of recouping the investment. and maintaining the level of service we currently provide to people and giving a better tax base. for our City. Mayor Sackett said the County Chairman called him last week and has requested he call her tomorrow. He stated he is hearing we are not ready ~~ to make a decision, but they would encourage the two Commissions meet CC 09-03-08/254 r~ to see what works best for the two entities. He said our Fire Chief feels our service is more than adequate and is very comfortable. with. He stated when this was brought up during the Joint .group; we are. the only City that brings up this argument. He reiterated we need to sit down and discuss the matter in a Joint Work Session. He inquired if this was something Mr. Drago could draft to Ms. Coto or would the Commission be comfortable with his having a phone conversation with Chairman Carey. Mr. Drago said if the Chairman was expecting a phone call, then it would be apropos to call her and explain the Commission's consensus. He stated, between the rivo of them, to discuss if they want to hold the Work Session. He suggested getting a feel from the Chairman of the County Commission for what her recommendation would be. Chair Mooney inquired if she could recommend when addressing this that they also look into how the Commission feels about the Interloeal Agreement they have had for years and has now expired. She said the Fire Chiefs have put together'an Agreement that was approved and is.now at the County Attorney's. Office. She advised Longwood has not acted upon it. ' Deputy Mayor Bundy suggested he stress that it is an opporhinity to work together.. Commissioner Holt inquired if the Agreement attached to this item was the Agreement the .Fire Chiefs ptit together. Chief Mooney said Casselberry modified it slightly, and she had not seen their amendments. She stated the Fire Chiefs sat down collectively as a group, and it does not address compensation. This is why she has held back on giving an opinion. She said the Automatic Aid Agreement works and has since being, in place, and operationally is very sound. Commissioner Anderson said it was important to enter into an Interloeal Agreement. He stated the County can build and staff the station and . provide service if they don't want to address the issue of the cost to Longwood for servicing unincorporated .Seminole County. He said in their discussion they can see. if there is an alternate way of cooperating. He reiterated it is important to bring up that Longwood does want to enter into the Interloeal Agreement. Mayor .Sackett proposed having this joint meeting in Longwood. Deputy Mayor Bundy suggested changing the order of the Agenda to hear Item 11 L next since there are people present to speak. It was the consensus of the Commission to hear Regular Item 11 L next. CC 09-03-08/255 The Commission Recessed at 10:20 p.m. and Reconvened at 10:25 p.m. ~ L. Commissioner Bundy requests the City Commission hear a presentation from John V. Baum,. Esquire regarding the placement of an additional driveway access to the rear of the property located at 791 North Wayman Street and removal of the posts. Deputy Mayor Bundy said this item was on the Agenda a month or so ago. The Commission decided to address the whole policy on driveway access. He said Mr. B'ha~wandass requested his Attorney be given an opportunity to come and address some things that are outside of the Policy. Mr. Roper said tinder the current Resohrtion No. 06-1140 provides for the opportunity of Mr. Bhagwandass and his Attorney to come before the Commission and request a variance. John Baum, Law Office of John V. Baum P.A., said he represents Mr. Bhagwandass; owner of the property at 791 North Wayman Street. He stated when Mr. Bhagwandass purchased the property some years ago there was no curbing at all on North Wayman Street. He said there was no way to drive to the back of the lot through the carport without intniding onto the neighbor's property. He reviewed photographs of the property that were taken by Mr. Siaemore. Prior to road improvements and curbing he parked the vehicles in his backyard behind the fence. He stated it was ~ , interesting to note that the zoning Ordinance at the time required him to be able to park four cars on his property of a single family residence. He could not fit these in the driveway so he did what a lot of other residents did and put the vehicles in the backyard. At some point,, the roads were improved and etrrbing put in. Mr, Bhagwandass saw this happening and the contractor put in a curb cut. Mr. Bhagwandass, at his expense, had the area between the gate and the sidewalk paved. He did not obtain a permit to do this and subsequently the curb cut was removed and replaced with a standard curb and he was told he needed to apply for a permit. He said when Mr. Bhagwandass applied for a permit and it vas rejected on the grounds that the Ordinance would not allow him to park any vehicles in his backyard. He stated at some point after that the City put in posts bet`veen the fence and the sidewalk to prohibit parking. He said Mr. Bhagwandass'' brother contacted him on a similar problem on another corner lot. He said he reviewed the Ordinance some years ago and did not see what the. problem was. He stated Mr. Bhagwandass asked him to write to the City again early this year and he received a response. from Mr. Roper's Office and through their correspondence they found the Ordinance had been changed since 2004 to allow you to get into your backyard ifyou did not have access from the main driveway of your house. He would request the City allowing. hire to use his gate for what its purpose is, to park vehicles in the back, take the barriers down, and permit the apron that was there prior to being demolished. He said they were ~~ asking that he be treated like. a good number of other people have been. CC 09-03-08/256 Mr. Roper said under Resolution IVo. 06-1140, subparagraph five, it states;, "If a property owner desires to park vehicles in the rear yard, and cannot access the rear yard from the property's designated driveway right-of- way, then a driveway access can be granted on an adjacent right-of-wc~y as long as it does not create a safety hazard as determined by the Police Chief. " He stated the Resolution goes on to state the property owner will be required to sign a Driveway Access Agreement stating the intended use. will be for parking vehicles and that he will forfeit the driveway access for violating the Agreement, and that the property owner will be responsible for the full cost of the driveway access to be constructed to City standards. It also states that the property owner will be responsible for the full cost of closing the driveway access if found to be in violation of the Agreement. He said there is a mechanism established by the existing Resolution that would allow this if they can prove he cannot access the backyard to park the vehicles through the carport. I-Ie will also be required to put in curb cuts on the side access, provided there are no public safety concerns by the Police Chief. He reiterated that the way the current Resolution is set up, if these items are addressed, the Commission may grant a variance. He stated with what they proposed earlier was to try and. clarify this a little more. He said the key issue first of all was accessibility through the current driveway. ~ Mr. Baurn said it did not appear to him it could be done. He stated he was hugging his property line and using this driveway as currently configured, . it was not doable. Mayor Sackett said he owns a property in that area. and he can. access his back yard from the carport. He inquired if there was something there that. stops the accessibility such as a swimming pool. Mr. Dial Bhaawandass, 791 North Wayman Street, said. there was a drain field and septic tank in the back of the house. Mr. Roper said that would be a consideration. Mayor Sackett said the septic tanks and drain fields were all placed in the middle of the backyards. Mr. Roper said the Police Chief would need to determine if there were any public safety issues. Mr. Baum said his original impression was in 2004 when he applied to do this, there was no impediment at all and for some reason the City said no. He said the entry to the. driveway was closer to the corner than the entry to the side entry requested. CC 09-03-08/257 Mr. Roper said the cost for any type of variance, if it were to be granted, ~`-~ would have to be born by the property owner. Mr. Baum said when this curbing was originally put in, it had a curb cut and the City had this removed and had the concrete. apron destroyed as well, then they put in the barriers. He stated his client paid for the apron and they were asking his client to put back what was already there. Mr. Roper advised there was no discretion in the Resolution language. Commissioner Anderson said he was very disturbed by some points brought up by Mr. Baum. He stated, if in fact the application was made in 2004,. the City did not have a driveway policy at that time. He inquired under what basis they hirned it down when he paid for opening and we determined we were not going to allow the use and took it out to how it is now. Mr. Roper advised on May 17, 2004, Interim Community Services Director,, Patrick Miller wrote a letter to Mr. Bhagwandass and stated his permit application had been reviewed with accordance to the Longwood Development Code, and provided for off street parking for single family units in front of the unit utilizing garages, carports, and/or driveways. The' maximum number of vehicles allowed for each single family unit was four and that the building permit for the side yard approach could not be ~~ approved per the Code. Commissioner Anderson said, except for the fact, that he has a commercial work vehicle the Code required to be parked behind a fence. He stated from what they may adopt at their next meeting, he would be entitled to do this. He said from a standpoint of decency, the fact that he applied before adopting a driveway policy, and from his interpretation and understanding of the events, he would have been required in 2004 to put the vehicle behind his fence. He stated he did not want to establish a precedent that we pay for all driveway aprons, but when the street was being paved, if he paid the contractor to put the apron in, and we tore it out, he is uncomfortable that he be. told he has to pay the cost. Mr. Drago said he would first have to go back and see if, in fact, the driveway apron was put in and Mr. Baum's client paid for it. He stated he believes the driveway aprons are put to the City right-of--way and he knows he was not being assessed for any of the work on Seminole. He reiterated he would need to check the records to see if the City put in the apron and who paid for it. Mr. Baum pointed out the area of the driveway apron his client put in and paid for. CC 09-03-08/258 Deputy Mayor Bundy said you can look at the. sidewalk. you can clearly see it is a different color. Mr. Drago said he did not remember seeing a driveway apron. Mr. Bhagwandass said he asked the contractor to put in the curb cut and he would pay for the curb cut and the driveway. He wasn't aware of any Code for him to apply for anything at that time. Mr. Drago said if it was in the right-of--way they had the right to take it out when they did the road project. He reiterated he would look at the City's records from when Seminole was paved and if the City paid for a curb cut. He stated if Mr. Bhagwandass paid the contractor direct he should have a receipt. Mr. Baum inquired who took out the concrete and put in the poles. Mr. Bhagwandass said the City did this. Mr. Baum said the City should have record of this being done. Mr. Drago said the City would have record of that, but if the contractor did install it, he wants to see if the City paid for it and then tell him to remove ~ it. If Mr. Bhagwandass has a record he paid for it, he would like to see that. Mr. Bhagwandass said this was done from a favor he did for the contractor some time ago. Commissioner Holt said when that road was being paved,, the curb cuts were on a design standard and the City knows how many curb cuts were going in and where the sidewalk was going in. He stated if Mr. Bhagwandass made a deal with the contractor to put in the curb cut and the apron and he paid for it, it was done to his specifications, not the City specifications. He said once the City found out it was not drawn on the way the road was to be built, they went out there and tore it out. Mr. Bhagwandass came to the City after the fact to say he wanted to have this done and tried to pull a permit that was denied. He stated the Commission discussed this matter at that time to put in the poles to block the access so he could not drive over the curb. He declared the vehicles were of the assumption for backyard mechanical work. He said this was the action taken by the City at that time. He said if it was a barter deal, there is no paper trail. Deputy Mayor Bundy said they never discussed putting up poles in this area. They discussed poles at property on County Road 427. He stated a barter system is a legal payment and the contractor should have CC 09-03-08/259 recollection of this. He said, regardless, the whole matter has been handled ~ a little outside of the way it should have been. Commissioner Anderson said people can pay the contractor for a wider driveway apron. However, it has to be done fo City standards and it is recorded. He stated there is a way to do it the right way. Mr. Baum said in interest to resolve this; they would ask-that the City put in the pavement from the fence to the sidewalk. Commissioner Maingot suggested the City should provide the curb cut and Mr. Bhagwandass pay for the rest of the concrete. Commissioner Holt said the most expensive part is the curb cut. He said it should be the opposite, he pay for curb cut, and the City replace the apron. Mr. Roper said the language is clear the property owner is responsible for this expense. Commissioner Anderson said it was important to establish if this happened prior to adopting the driveway policy. Mr. Roper responded in the affirmative. Commissioner Anderson said then they cannot hold him to the Driveway Policy since this happened prior to the Policy. Mayor Sackett asked the City Attorney for his opinion. Mr. Roper said his opinion was the same; under the methodology that has been set"up through the Resolution passed in March 2006 that this vas the appropriate way to handle this until it is amended. If he can meet all of the criteria and is willing to pay for the costs ofthe adjacent~driveway access and the Commission is willing to give this to him it is allowable under the Resolution: Deputy Mayor Bundy said they cannot make the Policy retroactive without making it retroactive to every driveway cut on every side access lot in the City. Mr. Roper said he did not. know what section of the Code Mr. Miller was referring to when the request was denied. Deputy Mayor Bundy moved to allow the driveway access subject to the Police Chief inspecting the area from a public safety standpoint and it meets the design criteria. However, the City does the curb cut and Mr. Bhagwandass' responsibility to pour the ~ apron from the sidewalk up to the fence line. Seconded by CC 09-03-08/260 • Commissioner Maingot and carried by a three/two roll call vote with Mayor Sackett and Commissioner Holt voting nay. E. Finance Division of the Financial Services Department recommends the City Commission read by title only, and adopt Resolution No. 08- 1203, which confirms a Neighborhood Improvement Assessment for the. 2008 Tiberon Cove Neighborhood Improvement Assessment Area, establishes the assessment.roll and provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 08-1203 by title only. Commissioner Maingot moved to adopt Resolution 08-1203; as presented, Item 11 E. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. F. Finance Division of the Financial Services Department recommends the City Commission read by title only, and adopt Resolution No. 08- 1204, which confirms a Neighborhood Improvement Assessment for the 2008 Golden Grove Neighborhood Improvement Assessment Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. ~ Mr. Roper read Resolution No. 08-12,04 by title only. Commissioner Maingot moved to adopt Resolution 08-1204, as presented, Item 11 F. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. G. Finance Division of the Financial Services Department recommends the City Commission read by title only, and adopt Resolution No. 08- 1205, which confirms a Neighborhood Improvement Assessment for the 2008 Markham Hills Neighborhood Improvement Assessment Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 08-1205 by title only. Commissioner Maingot moved to adopt Resolution 08-1205, as presented, Item 11 G. Seconded. by Deputy 1Vlayor Bundy and carried by a unanimous roll call vote. H. Finance Division of the Financial Services Department recommends the City Commission read by title only, and adopt Resolution. No. 08- 1206, which confirms a Neighborhood Improvement Assessment for the 2008 Sleepy Hollow (1st Addition) Neighborhood Improvement Assessment. Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. CC 09-03-08/261 Mr. Roper read Resolution No. 08-1206 by title only. Commissioner Maingot moved to approve Resolution No. 08- 1206, as presented, Item 11 H. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. I. Finance Division of the Financial Services Department recommends the City Commission read by title only, and adopt Resolution No. 08- 1207, which confirms a Neighborhood Improvement Assessment for the 2008 Barrington Neighborhood Improvement Assessment Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 08-1207 by title only. Commissioner Maingot moved to approve Resolution 08-1207, as presented, Item 11 I. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. ,~ J. Finance Division of the Financial Services Department recommends the City Commission read by title only, and adopt Resolution No. 08- 1208, which confirms a Neighborhood Improvement Assessment for the 2008 Lonb vood Groves Neighborhood Improvement Assessment - Area, establishes the assessment roll and provides for the collection of ~--~ , the assessment on the property tax bills. Mr. Roper read Resolution No. 08-1208 by title .only. Commissioner Maingot moved to adopt Resolution 08-1208, as presented, Item 11 J. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. K. Finance Division of the Financial Services Department recommends the City Commission adopt Resolution No. 08-1209 certifying the annual non-ad valorem assessment roll to the Seminole,County Tax Collector for placement of non-ad valorem assessments on the 2008 tax bills. Mr. Roper read Resolution No. 08-1209 by title only. Commissioner moved to approve Resolution 08-1209, as presented, Item 11 K. Seconded by Deputy Mayor Bundy. Mr. Drago said he wanted to make sure there was no amendment to this one relative to the other Resoltrtion. Ms. Rogers said they brought that forward for the record. ~.1 CC 09-03-08/262 Motion carried by a unanimous roll call vote. 12. CITY ATTORNEY'S' REPORT. Mr. Roper reported the City was served with an eminent domain case by Florida Department of Transportation on August 26~' that involves the SunTrust Bank State Road 4341ocation. He said he and Mr. Sizemore will be reviewing all legal descriptions to make sure it is limited to just that area. He reported the City received a settlement offer by 1VIr. Towers on the Oakwood Project. I=Ie advised they cannot discuss this in the open as it is in current litigation. He requested to receive direction from the Commission if desiring to entertain the offer then~they should hold an Executive Session. He requested the Commission call him regarding this matter and they will notice and schedule the meeting. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Sackett adjourned the meeting at 11:20 p.m. Brian D. Sackett, Mayor ~/ • o~~~. . ~ Linda F. Goff, Recording S cretary ATTEST: ~~ ~/ ~~ i ~ ~~° Sarah M. Mirus, CMC, MBA City Clerk CC 09-03-08/263 This Page Left Blank Intentionally. ~, CC 09-03-0,8/264