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CCMtg12-15-08Min LONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES DECEMBER 15, 2008 7:00 P.M. Present: Mayor Brian D. Sackett Deputy Mayor John C. Maingot. Commissioner Joe Durso Commissioner Mike Holt Commissioner H.G. "Butch" Bundy Teresa S. Roper, City Attorney John J. Drago, City Administrator Sarah M. Mirus; City Clerk Tom Smith, Division Manager of Streets/Fleet Richard Kornbluh, Division Managei° of Utilities Carol Rogers, Director of Financial Services Ryan Spinella, Executive Assistant Tom Jackson, Police Chief Lt. Phyllis Williams, Fire Department Paul Sizemore, Director of Community Services Fran Meli, Recreation Program Manager 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was follo`ved by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms, Mirus read the following announcements: A. Senior Matinee will be held on December 17, 2008 from ` 1:30 p.m. unti13:30 p.m., Longwood Community Building, 2-00 West Warren Avenue. This month's feature is It's a Woncle~firl Life. B. Florida Music will be held on December 19, 2008 from 6:.00 p.m. until 9:30 p.m., Longwood Community Building, 200 West Warren Avenue. C. Movie in the Park will be held on December 19, 2008 will begin at 7:00 p.m. at Candyland Park. This month's feature is The Polar Express. CC 12-15-08/359 4. RECOGNITIONS/PROCLAMATIONS. A. Presentation of Certificate of Recognition to Mr. Nicholas Geller for his exceptional honesty in returning a lost. item of value. Mayor Sackett. said Mr. Nicholas Geller turned in a lost iPod, at the Babe Ruth Closing Ceremony, that was returned to the owner. He stated Mr. Geller did the right thing and then presented him with a Certificate of Recognition. Photographs. were then taken. Chief Jackson said the temptation to keep something of value was rewarding, He stated the reward for the will to do what was right was more rewarding. In recognition of Mr. Geller's effort to return this girl's iPod, Chief Jackson presented him with an iPod purchased from the Drua and Confiscation Funds. B. Nomination and selection of the recipient of the Martin Luther King Good Citizenship Award (Presentation scheduled for January 19, 2009). Deputy Mayor Maingot nominated Dr. Bill Byrd, Family Physicians of Longwood/tiVinter Springs, 500 East State Road 434, for the Martin Luther King Good Citizenship Award. Nomination carried by a unanimous voice vote. C. District #1 Nomination of the Business Person of the Month Award for January 2009.. Deputy Mayor Maingot nominated Betsey Flowers, Owner of Schakolad Chocolate Factory of Longwood, 2425 `Vest State Road 434, Suite No. 187 for the Business Person of the Month Award for January 2009. Nomination carried by a ~inani.mous voice vote. 5. BOARD APPOINTMENTS. A. Nomination to the Codes Enforcement Board. Ms. Mirus said under "Desires Reappointment" it should not have "no" listed. She spoke to Mrs. Tolos today and Mr. Tolos does desire to be on the Codes Enforcement Board. Mayor Sackett said there has been information back and forth and asked the City Attorney to respond. Ms. Roper said Mr. Tolos was reappointed by Commissioner Anderson at the first meeting in November, not to take effect until December 2°d. She stated the ~vay she reads the Hiles in regards to this and the reappointment; she did not see a need to reappoint him since he has already been reappointed. ~ CC 12-15-08/360 ' Mayor Sackett clarified his new term would have started with the December meeting and his three absences were all prior to that. Commissioner Durso. said he had no objection to it as long as the record reflects Commissioner Anderson reappointed Mr. Tolos. He stated it was explained to him by counsel that Mr. Tolos was off the Board because of absences, and Commissioner Anderson reappointed him... 6. PUBLIC INPUT. A. Presentations. Representatives from Seminole County Government will conduct a presentation on the US 17-92 CRA. John Metsopoulos, US 17-92 CRA Program Manager, said he was here with Alison Stettner, Planning 1Vlanagerfor Seminole. County. He stated they were asked to come to do a brief presentation on the 17-92 CRA. He affirmed the 17-92 CRA was a working partnership beriveen Seminole County and the Cities of Casselberry, Lake Mary, Sanford, and Winter Springs. This CRA was formed to fight blight and to create an economic environment within the corridor, to attract. new development, spur redevelopment, and foster business expansion. He said the tools they use are the Seminole Economic Enhancement District (S.E.E.D.), mixed-iise development, density and intensity bonuses, Commuter Rail, increased bus headways, a Transportation Concurrency Exception Area (TCEA), ~ corridor wide studies, projects, and marketing. He affirmed the program objectives of S.E.E.D. was to improve the environment and quality of life, economic enhancement through capital enhancement, job creation, broaden the tax base, increase tax revenues, positive redevelopment and economic affects. He said this was better use of community resources. It removes the stigma associated with perceived and/or contaminated areas and makes use of existing infrastructure. Most importantly, it prevents urban sprawl He advised there were financial incentives for job creation. He reviewed methods for tax refunds through the State. and a loan guarantee program. He stated a Brownfield site would receive all benefits of a Brownfield area to include voluntary tax credits for the cleanup. He declared one of the most important factors of this Program, when the State provides a clean bill of health, was that the E.P.A. automatically signs off on the project. He reviewed mixed use development and said it was being allowed along the corridor..He said they did not want to take property rights away from individuals. In the County areas; if you own a commercial designated use, you can maintain that designation. However, if you want to take advantage of the mixed-use development, you can apply and it will become an overlay. This is advantageous, as it gives the choice to the property owner and allows for additional density and intensity bonuses. He reviewed density and intensity bonuses and stated if they were going to prevent urban sprawl, they need to make the corridor ~ attractive for development.. He advised the. current floor ratio was .35 throughout the County and other participating cities. He said a mixed use designation would allow them to go from .35 to .60, an additional .20 for CC 12-15-08/361 workforce housing, and any green initiatives would provide another ,20, which would allow a total of 1.0 along the corridor. He confirmed this was a very big incentive for developers. He stated they were looking to tie in development along the corridor with the Conunuter Rail. They also will look to increase bus headways along 17-92 to 15 minutes. Commissioner Holt inquired if Lynx and the Commuter Rail would be coordinating with each other regarding the timing. He declared 17-92 was busy enough without having a bus stopping every 15 minutes. Commissioner Durso said the head of Lynx has told him they have to cut back on the number of trips. He inquired how it was going. to work going from once an hour to four times an hour. Ms. Stettnex said for the headway and design issues along 17-92, as part of the MXD zoning characteristics, they were planning on making it a little more transit friendly. She statedat this time it was a very automotive designed road. She said the redesign of 17-92 will be a more pedestrian friendly environment. She declared when the Commuter Rail comes through, it will pull most of its traffic from 17-92 rather than I-4. From the original study, 20% of the traffic is diverted based on the Commuter Rail. Deputy Mayor Maingot inquired how they planned to transport the people from 17-92 to where the stations are located. ~ Ms. Stettner said that was her point, the Commuter Rail and 17-92 are not aligned, except for where you hit Orange County and Casselbet-~y. She said there would have to be some circulators setup to connect the Commuter Rail stations with the corridor. She stated with the CRA they are able to fund transit within the CRA boundaries. They can use the tax increment financing money in order to increase the headways so they don't have to worry about it coming out of the ad valorem taxes. Deputy Mayor Maingot said the different government entities don't seem to dialogue with each other, and go off in their separate. areas. He inquired about the timeframe. Ms. Stettner said they were looking at the increased headtivays as an immediate response. She stated it also helps them with their Transportation Concurrency Exception Area. If looking at increasing entitlements along the corridor, you also need to figure otrt how you are going to manage the growth that may come when those entitlements are granted. Deputy Mayor Maingot inquired how many years away was this to begin. . CC 12-1.5-08/362 Ms. Stettner said some of it was five years away, some of it ten years; and some of it was immediate. She advised they were looking at the increased headways for the. next couple of years.. Deputy Mayor Maingot asked Mr. 1Vletsopoulos to give some specific examples of what interests to developers have been brought on board. Mr. Metsopoulos advised he did a bus tour with 35 developers from the Home Builders Association. They stopped at properties up and down the 17-92 corridor and he has received follow-up phone Balls from those 35 developers. He stated there have been other developers that have traveled ' with him on a one-on-one basis and they have identified properties. He said he has worked with someone from Cushman and Wakefield identifying smaller shopping networks along the.corridor. He affirmed over the last year and a half he has done 30-50 tours. Commissioner Durso inquired if there were any properties along 17-92 that qualify under the Brownfield laws. NIr. Metsopoulos said all of them qualify. He stated there were Brownfield areas and Brownfield sites. The entire corridor, excluding Longwood, is now a Brownfield area. ' Mayor Sackett inquired how many of those people were specifically . interested in anything Longwood related since they were not part of the - CItA.. Mr. Metsopoulos advised, because he works for the CRA, he refrains from showcasing Longwood. Mayor Sackett suggested they finish the slide presentation and then go to questions. . Mr. Metsopoulos reiterated the. Transportation Concurrency Exception Area would allow development without holding the developer responsible for insuring the level of service of the roadtivay by insuring the workforce has access to other modes of transportation. This would include the bus headways and the Commuter Rail, but it would also allow for the installation of sidewalks. and/or biking routes. He said they were doing the Fern Park mapping study that designates which parcels can be assembled together into larger properties. They are also doing a study on the age and usefulness of existing structures. He reviewed median beautification. He stated they would also be looking at a coordinated effort in replacing the hanging traffic lights. with mast arms and creating. color coordination up and down the corridor. He said they have done a lot of private investment ~ with dollars from the CRA, infrastructure and lighting improvements, They are doing marketing and talking to various groups. He stated they do CC 12-15m08/363 constant media updates. The partners currently are Seminole County, ~ Casselberry, Lake Mary, Sanford, and Winter Springs. Mayor Sackett said they had a CRA presentation approximately five years ago. At that point, they discussed whether the City of Longwood should get involved and it looked like the focus for programs was going to be Fern Park or the Courthouse area with nothing here. He inquired if new to this Program, what would you see as benefits to the City of Longwood or needs for change when driving down 17-92. Mr. Metsopoulos said the entire corridor presents challenges and opportunities. One of the things they have done was moving away from just the facade beautification work to doing median work, programs like S.E.E.D. and' mixed use development that will give the corridor tools needed to move it forward. Mayor Sackett said if Longwood comes in, where were the plans in three years. Mr. Metsopoulos said he did not set the terms or the policies. If Longwood came in as a member of the Regional Planning Authority (RPA), the Advisory Board to the CRA, they determine the goals. He stated one of the things they have determined is that monies have to be spread throughout the five members. He said the four partners and the County ; were working in unison within the CRA to reflect the same policies and goals for the entire corridor. Deputy Mayor Maingot said the City of Longwood has developed design standards. He inquired if they would be able to have the final say in our area if coming on board with the CRA to insure these design standards are used. Mr. Metsopoulos advised, you did not give up your local jurisdiction over your zoning or design standards. Deputy Mayor IVlaingot inquired who had the final say with the RPA. Mr. Metsopoulos said the four members and. the County. Ms. Stettner said they were an Advisory Board to the CRA Board, so the final say is with the County Commission. Deputy Mayor Maingot said this was one of the areas of great concern. He stated the money was spent on specific projects that the County Commission decided they wanted. He said he did not think it was right for the City to forego revenue for the County Commission to determine how to best spend. He declared the City should have an equal share in • determining how the money should be spent and proportioned. CC 12-15-08/364 Commissioner Durso said he understood the difference in the Brownfield area and site. He inquired if the. property needed to fall within the area for the incentive he was talking about, or did it need to be qualified as a. Brownfield site. Mr. Metsopoulos advised to qualify for the incentives; it had to be within the S.E.E.D. Area. Commissioner Durso inquired if this was the 17-92 corridor and did not need to necessarily be a Brownfield site. Mr. Metsopoulos responded in the affirmative. Commissioner Durso said Lynx projectioris were for reduced budgets, increased maintenance costs; increased fuel costs, reduced trips, and :reduced numbers of buses. He stated he was a proponent for this, as long as the Longwood citizens were represented and treated fairly. However, the moving parts ofit have to work and he was pretty confident Lynx was not going to be able to support additional headways. He inquired how they were .going to address that issue. Ms. Stettson said Seminole County pays for certain bus routes and it ~ would be a bus route that they would fiord. with CRA revenues. The CRA ~ would pickup the needed costs in order to pay for those routes. Commissioner Holt said what. bothers him is that it is State Road 17-92. He stated the State could come in just like they did with State Road 434. He said the City would be out of the reconfiguration of 17-92. The City would be giving an unspecified amount of money, predicated, on the amount of 17-92 within the City, Ms. Stettson said it would be based on the. increment of the property value. Commissioner Holt inquired how they justify the money spent on marketing and the number of staff. Mr. Metsopoulous said he was the staff and his budgethad to be approved by the RPA and the CRA. He stated every dollar was scrutinized. He said the bus tours were paid by the Home Builders Association and the private tours were in his car for which he was reimbursed for gas. He advised the Planning Department provides support services. Commissioner Bundy said he knew two of the three private development projects they funded, one being to Patio Grill. They were given $233,000 fora $2.5 to $3 million project.. Mr. Metsopoulos said Lowes was given $125,000 and it was a $13 million project. CC 12-15-08/365 Commissioner Bundy said they gave more to a smaller project. He ~ inquired if there was a funding formula to determine the amount they provide. He pointed out businesses that have closed on 17-92. Mr. Metsopoulos said there was a finding formula in that they go up to 20% of the overall cost of the building. He stated, having said that, the Patio Grill was considered a much more beneficial business to the corridor due to it being local dollars staying in the local economy. Ms. Stettson said the formula was that you can request through a grant application up to 20% of your total costs. She stated there was a list and a formal grant application. However, the CRA Board has final say in how large of a grant is provided. Commissioner Bundy said if they were looking at awarding money as an incentive, he would like, to see it awarded to businesses that will pay above average wages.. He-stated there may be a formula for the application process, but there was no formula for awarding the money. Ms. Stettson responded absolutely not. She confirmed it was one of the things in which they wish they had more policy direction. However, they have to take every proposal to the Commission for their final decision. Commissioner Durso inquired if it was a rule or a want for them to spread ~ the money out proportionately among the partners. Mr. Metsopoulos said, without knowing the exact language, the Interlocal . Agreement states the money must be spent somewhat proportionately. B. Public Participation. Jack Caldwell, 319 Bonnie Trail, said the poinsettias were quite dramatic and calls attention to the holiday spirit. He stated Santa's Visit last evening was most welcomed. He said the neighbors took the opportunity to share Christmas greetings as they stood on the street waiting for the chance to wave and scoop up the treats. They all agreed it was the best Santa Visit they ever had, He stated it was appropriate and timely to commend the Commission for the services rendered to the City in the past year and to request they set their sights on even greater accomplishments in the future. He said great leaders have found that with team work and common goals they can exceed objectives. The Commissioners, as elected representatives of the City, have serious challenges before them in 2009. He suggested, in meeting these new opportunities, they become even better listeners.. He said,. as listeners, they have a responsibility to not just listen, but to provide the other party a feedback of their understanding of what was just stated. He wished staff a Happy Holiday. 7. CITY ADMINISTRATOR'S REPORT. No report. CC 12-15-08/366 8. MAYOR AND COMMISSIONERS' REPORT. District Mayor Sackett reported he went to the Families In Need Project that Commissioner Durso had invited them to on December 6~'. He said he was very pleased with how the Ambassadors were helping these families. He stated from there he came to the Longwood Tree Lighting Ceremony. He thanked Parks and Recreation, Public `Yorks, Police, Fire, and all involved in this spectacular event. He also attended Arts Alive at the University of Central Florida the same evening. Mayor Sackett reported he had a Commuter Rail meeting last week and there were more meetings to come and he will keep the Commission posted on these. Mayor Sackett said Santa's Visit was this weekend. He, said the double trips through the City were good and he understood they may start earlier next year. He stated he was made aware that Mrs. Judy Putz from Judy's Dolls made sure every little girl of the needy families the City was helping received a doll. He said he . would like to recognize her at a firture meeting. It was the consensus of the Commission to recognize Mrs. Putz for donating dolls at a firture meeting. District #1. Deputy Mayor Maingot reported he attended the CALNO meeting on December 3` .There was a presentation by Integrated Water Sources. He said the Seminole consumption of water, per person, each.day runs at 22-0 gallons. The target for 2016 is 140 gallons per person each day. He reported he went by 581 East State Road 434 to see the landscaping and the hedge material was inappropriate for the front of the building. Deputy Mayor Maingot said they each had met with Mr. James Ellicott of FDOT and Mr. Edwin Barfield, the appraisal consultant. He stated it was a very interesting meeting, and he learned the widening of State Road 434 will take place from I-4 to Palm Springs Drive. He said the tvvo most important things was the improvement of the intersection outside of the Hospital and the intersection of County Road 427 and State Road 434. Deputy Mayor Maingot said he was concerned when he read the e-mail about threats being made to certain staff within the Community Services Department by Mr. Bhagwandass. He stated he hoped that the choice words Commissioner Bundy relayed to Mr. Bhagwandass would be taken to heart and he will not speak to City staff like this again. Deputy Mayor Maingot said he went by the Farmers Market on Saturday and he was taken back by the few people there. He spoke to the City Administrator regarding the signs and urged the Commission to support the idea of producing some inexpensive signs regarding the Farmers Market to be placed throughout the City. He stated if they don't do this, there-could be distress with little returns on ~ vendor investments. CC 12-15-08/367 District #2. Commissioner Durso thanked City staff for the tremendous work `~-J they have done on all the Holiday activities. He inquired if the eminent domain information they were all presented with, would be on a fiihtre Agenda. Mayor Sackett said he had requested this to be on a January meeting Agenda. Ms. Mirus advised it would be on the January 19th meeting Agenda. Commissioner Durso reported he was contacted by MetroPlan and the next meeting will be in mid January. He said he would be going down prior to the meeting for a briefing on what MetroPlan was doing. District #3. Commissioner Holt said the Ordinance was handed to them prior to this meeting and was quite extensive. He stated they would hopefully just be discussing it. Mr-. Drago advised this was a different Ordinance. Ms. Roper said it was the eminent domain Ordinance she handed out approximately a month ago. Commissioner Holt said they had received information from Seminole Beautiful and he had a meeting scheduled with the President in January. He is on the Board and said he would keep the Commission informed. He stated he received a letter from Mr. Ross and asked the City Administrator what this was about. ' Mr. Drago said he thought he was'saying, rather than to pay someone to clean sidewalks in front of people's houses, the residents should do this themselves. He stated it had been discussed by the Commission a while back; whether it should be the responsibility of the residents to clean certain areas in front of their houses like the sidewalks and the grass trips. At the time, the Commission decided it would never be done. Therefore, certain roadways on the east side, County Road 427, and State Road 434 on the right-of--way are mowed by the mowing company and they pick up trash and edge. V Commissioner Holt inquired if the City Administrator would be addressing this. Mr. Drago said it was up~to the Commission if they wanted to change the level of service. Commissioner Holt said they had a plans review transmittal from the Community Development Division referencing stormwater on the Blue Oxford. plan. Mr. Drago advised this was for their information. Commissioner Holt asked Commissioner Bundy if he had replied to the e-mail that was referenced earlier. ~ CC 12-15-08/3b8 Commissioner Bundy said he responded in person to Mr. Bliagwandass. Commissioner Holt said Deputy Mayor Maingot brought up 50 signs throughout the City on the Farmers Market. He stated they have worked hard to keep snipe , signs out. He said he understands the concept to market the Farmers Market. However, opposed to signs all over, he suggested they think about a 3 x 10 banner on the Farmers Market to go up at 42'7 on the day of the Market. Mayor Sackett inquired when they would be reviewing the Farmers Market. Ms, Meli said she planned to bring it before the Commission in January. District #4. Commissioner Bundy said he judges a City event not by how many attend, but how the people who did attend enjoyed it. He stated we had one of the. best turnouts we have ever had and everybody he talked to enjoyed it, He said he attended the first Annual Police versus Firefighter Charity Softball Game. He stated it was very e-njoyable and the funds raised would go to the Longwood Elementary School Library. He said the City has been having problems with the website. He stated Mr. Spinella; Mr. Dunn, and other staff people were doing a tremendous amount of work to get the website back up. He said a couple of years ago they decided to use open source sofrivare because it was reasonable. He suggested they need to begin the process of looking into softtivare with a greater level of security. He declared people were relying on the City website more for information. Mr. Drago advised they were looking into this matter. Commissioner Bundy said they would address signs for the Farmers Market when they review it in January.. He stated the vendors were private businesses and should they let. them utilize the City right-of--way to make a profit. He said the water bills are sent out the first of the month. He suggested they look at the possibility of splitting the water bills so that half of the City is sent out the first of the month and the other half sent on the 15th of the month. He stated this would distribute the workload throughout the month. He said he would like Ms. Rogers to look into this matter.. It was the consensus of the Commission for Ms. Rogers to look into splitting. the water bills. Commissioner Bundy said he spoke to Mr. Roper regarding at will contracts with City employees. Commissioner Bundy moved to have a Resolution brought forward that declares any at will contract not entered into directly bettiveen the Commission and that employee be declared null and void. Seconded by ~ Commissioner Holt and carried by a unanimous voice vote. CC 12-1508/369 Commissioner Bundy said he had a problem. with any person being required to sign an agreement separate from the Personnel Policy that was passed by Ordinance. 9. CONSENT AGENDA. A. Approve Minutes of the December 1, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends . payment of approved and estimated bills 1'or January 2009. C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report. for November 2008. D. The Community Development Division of the Community Services Department recommends the City Commission approve a purchase order for the Rosedale, Lakeview, Magnolia, and 12th Avenue Improvements Project to Superior Asphalt of Central Florida in the amount of $1,27,404.30 and authorize the City Administrator to sign all appropriate documents. E. Streets/Fleet Division of the Public Works Department recommends .the City Commission approve a purchase order with Cato Environmental Services, Inc. in the amount of $177,297.12 for the mowing maintenance services (Bid #03-06) and authorize the City Administrator to sign all appropriate documents. F. Public Utilities Division recommends the City Commission approve a purchase order in the amount of $194,488.70 to Severn Trent Environmental. Services Inc. for water treatment plant operation services and authorize the City Administrator to sign all appropriate documents. G. Utility Billing Division of Financial Services Department recommends the City Commission approve a purchase order in the amount not to exceed $42,000.00 to Severn Trent Environmental Services Inc. for meter reading services and authorize the City Administrator to sign all appropriate documents. Commissioner Bundy moved to approve the Consent Agenda as submitted.. Seconded by Commissioner Durso. Discussion was held concerning Items E, F; and G. Commissioner Durso: requested Ms. Rogers to provide him a copy of the schedule for mowing maintenance services. CC 12-15-08/370 Commissioner Bundy suggested Ms. Rogers. do some cost comparisons over the next few months of what it was costing the City to perform these services to the private service agreement. Commissioner Durso inquired how long the contract was for Item F. Mr. Drago said it was a five year contract and expires in 2012. He advised 9 F was specifically for the services of the one plant operator and accessory operating costs. Commissioner Durso inquired what the City was spending prior to October 2007 on similar services. Mr. Drago said he did not have those figures. He stated the City had rivo plant operators., one being a supervisor. He said he could. provide these figures. He stated to be fair; they should extend the cost to today's dollar. Commissioner Holt reviewed the figures for Items F and G combined. He said when this was brought forward, this was the best contract they could get at the time for the. water treatment. facility and meter reading. He inquired what would happen if they say no to these. Mr. Drago said he d.id not have the exact contract language. He stated if they say no, the Commission would have to allow the services to continue until they hire the permitted help. He advised that Casselberry, Lake Mary, and Winter Springs use contract meter reading. Discussion was held regarding electronic meter reading. Ms. Rogers said it would take. a couple of years to get this in place. She stated if they hired ne~v employees to read meters, the need for those employees would diminish over time and the City would be in the situation of having to terminate new employees. Motion carried by a four/one roll call vote with Commissioner Holt voting nay. 10. PUBLIC HEARINGS. A. City Administrator recommends the City Commission read by title only and adopt Ordinance No. 08-1882 which amends the monthly . Solid Waste and Recycling Collection Services rates. Ms. Roper announced having proof of publication and then read Ordinance No. 08-1$82 by title only. Mayor Sackett opened the public hearing., No one spoke in favor or in opposition to the Ordinance. CC 12-15-08/37.1 Deputy Mayor Maingot moved to close the public hearing. ~ Seconded by Commissioner Holt and carried by a unanimous voice vote. Commissioner Bundy moved to adopt Ordinance 08-1882. Seconded by Deputy Mayor Maingot and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. The City Attorney's Office requests the City Commission hear an appeal from Mr., Michael Totivers concerning the Building Division's decision to charge a $200 penalty fee relating to driveway repairs at 148 13t~ .Avenue. Mayor Sackett said they did receive a memo requesting this be deferred due to Mr. Towers being out of town. Ms. Roper advised unless the Commission was inclined to waive the- penalty by a majority vote, then she would defer until Mr. Towers can be in attendance to speak on the Item. Commissioner Holt moved to waive the penalty fee relating to driveway repairs at 148 13~' Avenue; as submitted. Seconded by . Commissioner Durso. Ms. Roper advised the only thing this would do is waive-the $200 penalty fee relating to the driveway repairs at this specific address.. Mayor Sackett said Commissioner Durso had previously recused him elf on a vote that involved Mr. Towel°s. He inquired if this was something they needed to concern themselves with. Ms. Roper said Mr. Durso knows his involvement with each Code case and what it was at the time. She stated, in her opinion, he would have to have some financial gain from Mr. Towers prior to being required to . recuse himself from voting. Commissioner Durso said, for the record, he was in no way, shape, or form, has any financial relationship to Mr. Towers and does not. benefit from any of the cases with which he is currently involved. He is not financially invested in any of Mr. Towers' businesses. Motion carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission review revised pages of the proposed Historic District Codebook and give staff the direction ~ deemed appropriate. CC 12-15-08/372 Mr. Sizemore said this was afollow-up from the November 10, 2008 City . Commission Work Session. The Commission requested ACi and staff bring back the revised pages based upon the comments from this Work Session. These pages have been attached to the Agenda Item as well as a letter explaining those changes and corrections and a summary sheet that acts as a key to these pages. He said this, used in combination with the book provided at the Work Session, should provide a clear picture of where the Historic Code Book revisions stand. He advised the steps that would follow this, if the Commission is happy with, these changes, would be to direct staff to prepare an Ordinance and begin this through the adoption process. Because it is a Land Development. regulation, it would go before the Land Planning Agency as the first step for the adoption of the Ordinance with the complete book. Following recommendation by the Land Planning Agency,. the complete book with an Ordinance would be before the City Commission for tvvo public hearings. He said any to-veaks between now and the point it reappears before the Commission could be integrated up to that adoption hearing. He stated representatives from ACi were present and would be happy to go through a.nd review the changes made. Mayor Sackett inquired if there. was anything the Commission would like to remark on the comments, or was there anything they had in the discussion that was perhaps not entertained. Commissioner Bundy said they had notation at the end that they needed more information or inptrt from the City Commission on a couple of items.. Randall Glidden, ACi, said Deputy Mayor Maingot had made the observation that for an area that was a Historic District, one of the items you see in older areas was the ability to have a barber pole on that type of establishment. He stated since a barbershop was a use that would be approved in this District, there would be no problem with including that under the signage portion of the District Guidelines. He inquired if there would be any intention of limiting the size of the pole or whether or not they would want something that was animated. Deputy Mayor Maingot said you see them in other Historic Districts. Commissioner Bundy said they do not allow moveable signs, or signs that display any kind of motion anywhere in the City. Deputy Mayor Maingot said this would be a barber pole that was synonymous with a barbershop. He stated it-would be a small sign and would be revolving. ~ Commissioner Bundy said if they were .going to be historically accurate, they predate electricity. He stated they were mounted on the side as a pole that was painted red. and white. CC 12-15-08/373 Mr. Sizemore. said something would have to be added to state those types `--J of signs would be allowed to move. Otherwise, it would fall under the motion criteria Commissioner Bundy mentioned. Ha stated it could be included, brit would have to state that those types of poles would be allowed to move. Mayor Sackett inquired if they should move forward with this or let the old stand. Deputy Mayor 1Vlaingot said it was his understanding that particular type of signage did exist until it was ruled out of order. He stated they were . moving forward and not going backwards. He said this was a simple matter and reiterated that other Historic areas have that sign outside their barbershops. • Commissioner Bundy said he would like to know where the barber poles were allowed in other Historic areas. He staged this was making a special exception.for a specific business and the Ordinance applies to everyone. Commissioner Holt read the Code referencing signs projecting in the public right-of-way. He said the sidewalk in front of this particular building would need to come into play: He stated the idea being alluded to, was to allow a barber pole: sign placed on the face of the building in ' some manner. However, if it is installed, it would need to be at least tvvo ~ feet clear of the curb. ~ Mr. Sizemore pointed out that they will be revisiting this Code Book twice. He said if the Commission's intent was to consider allowing this, they may want to put something in and revisit it at a later date. He stated it could always be reversed at a later date, up to the date of adoption, Commissioner Holt inquired how long they had to use ACi as Consultants according to their contract.. Larry Adams, ACi, said ACi has a fxed price contract. He stated it was not time oriented. He said they have never asked for anything extra and don't anticipate that with this. Their contract requires that they go thi°ough the whole hearing process. He stated as they go through the Code there were a lot of areas to be discussed. He said this signage was a matter of degree and they may want this type of issue brought back to the Commission to decide. Mr. Sizemore said the general provisions in the Development Code for all signage within the City would have to be met and signs that include motion are one of those items. Commissioner Durso said he can see Commissioner Bundy's point in ~.J ' regards to once you start making exemptions. He stated he did not know CC 12-15-08/374 that would be the case in the Historic District. He said not too many historic signs would be. based on movement. He stated there were some barbershops in the area he was aware of, that had the barber poles. He said he did not necessarily see an issue with making an exemption fora business like that. He suggested this might be something they may want to turn over to the Land Planning Agency or ACi to come up with a framework for what are historically accepted signs. He stated that making an exemption would not be the worse thing they could do. Commissioner Durso moved to allow the exemption for moving signs for barbershops and add this to the document. Seconded by Deputy Mayor Maingot. Commissioner Holt said if it already falls under some guideline where it can be, discussed. and if need be, each individual can come before the Commission, it vas not necessary. He stated what they have created vas excellent and he would beano vote on this. Motion carried by a three/two roll call vote with Commissioners Holt and Bundy voting nay. Commissioner Holt inquired if it would be a moot point to make a motion to bring this forward by Ordinance, as presented. Ms. Roper responded in the affirmative, since there was a motion to amend it. . Commissioner Bundy said they could make a motion to bring it forward,. as amended. Commissioner Durso moved to bring an Ordinance forward, as amended. Seconded by Deputy Mayor Maingot. Mr. Glidden said it was his understanding, if they bring this forward this evening, it will go to the Land Development Agency. There was the possibility they may have some comments with regards to this matter. He stated, from his understanding, they will look at this and include it, as well as come back with some options as to what fits for a barber pole sign.. He said`the tvvo items they needed some direction from the Commission was the replatting of existing lots within the Historic District. The other is in reference to the demolition, and if they should be eliminating the. economic test for whether or riot a demolition for a contributing structure within the Historic District should be allowed. All of the research they have done has found that every Historic District they have investigated has included language to .require a review of the economic impact of the 4~ property. He said they would defer to the City Attorney's Office for writing something like this in the Code. CC 12-15-08/375 Mayor Sackett inquired if they felt at the presentation they didn't finalize ~-'1 anything particularly on lot size and on demolition, they are asking to highlight certain areas that falls under legal. Mr. Glidden said the question that came up during the Work Session was whether or not they should be eliminating the requirement in the demolition section that would allow a property owner to apply for a demolition of a contributing building within the Historic District, based on economic hardship or need. Mayor Sackett inquired if there vas an accepted definition of an economic hardship. Mr. Glidden said they don't define it, but he would think it would fall under the same item as a zoning variance request. Ms. Roper said she didn't know if there was a definition listed in the legal dictionary for economic ,hardship. She stated she would look it up. However, she said they could define it according to what they want it to be. Commissioner Bundy said as President of an organization that owns three historic buildings, everything is an economic hardship. He stated there needed to be some very clear parameters on what constitutes an economic ~ ~ hardship. Ms. Roper said there should be case law where the courts have defined it within this subject matter. N1i°. Glidden said a lot of language was from the existing Ordinance. He reviewed the language regarding demolition of a contributing structure: He stated there was a lot of information that needs to be provided and gives the Commission the opportunity to look at that information and make a decision of whether it should be allowed. He said demolition was an item that will come before the Commission for a Wiling as to what can happen. He affirmed they just want to make sure that what is in the Historic Code will be able to survive any legal challenge. - Ms: Roper said she would like to review this information and provide the Commission with her opinion. ' Mr. Glidden said they had a discussion, regarding the various lot sizes within the Historic District,. at the presentation. There also is the presence of varied lot sizes with a minimum of a fifty (50') foot lot. He stated the previous version does not allow lot splits. He said they would be able to make those modifications and requested direction from the Commission. CC 12-15-08/376 l~lr. Sizemore said Mr. Glidden had reviewed calculations at the last meeting that took the average lot size per street and applied the same rule used in lot splits elsewhere in the City. . Commissioner Durso left the meeting at 9:34 p.m. and returned at 9:35 p.m. Mr. Glidden said there was a request about putting together some information with regard to what street frontages and lots could look like or what could be done based on mixed-use or residential for smaller lot sizes. He reviewed some examples of what they could have. Commissioner Bundy said he was in favor of going to a hard minimum rather than a percentage. He .stated they all would have to comply with impervious surface rations and other imposed requirements. Mr: Glidden said the Ordinance does not allow more than one primary structure on a lot. He stated the lot must be 21,000 square feet or larger to~ . have. more than one primary structure. Commissioner Bundy said ifproperty is sold and new facilities are built, then there will be multiple buildings on a site. He stated~he did not want to close the door to anything. Mr. Glidden confirmed. that was the reason for the number. Deputy Mayor Maingot said they need to do something that will interest people to buy and build in those areas.. Mi. Glidden reviewed mixed-use lots. He said an issue you run into is regarding parking requirements. He said using a fifty (50'') foot lot in a commercial or office application, it becomes difficult due to the parking constraint. He explained the intent of the Code vas to provide options and possibilities rather than define what you have to do: Deputy Mayor Maingot inquired what the difference was in lot splitting and replatting. Mr. Glidden. said they were really the same thing. . Mr.. Sizemore said the way the Development Code was set up, it was really a matter of the number of lots you would be creating. A split would be splitting a single lot into tvvo lots. If you were going to create more than that, the Code requires a replat. ' Mr. Adams said they were hoping to come back with a more flexible understanding of where the market may need to ask for help. The idea is CC 12-15-08/377 not just the geometry or how it is done, but implementing the quality of the Code Book. Commissioner Bundy said they have the ability to apply for a variance. Mr. Adams said they appreciate the direction and the encouragement. to go out and speak to the property owners. He stated there. were at least three people present that have expressed. interest in redevelopment because of the new ideas the City is offering to the Historic District. Motion carried by a unanimous roll call vote. Commissioner Bundy moved to extend the session. Seconded by . Commissioner Holt .and carried by a unanimous voice vote. The Commission recessed at 9:54 p.m. and reconvened at 10:04 p.m. C. The Community Development Division of the Community Services Department recommends the City Commission discuss proposed revisions to the real estate sign code and .give staff the direction deemed. appropriate. Mr. Sizemore said there was discussion in a Commission meeting regarding.how some revisions could be made to the sign code to address '.,J the real estate market and how it was struggling. He said the City wanted to look at some opportunities to help people who are. trying to market their property and may not have the best exposure to the corridor roadways. He affirmed the best way he saw to address this was to keep the framework of the existing real estate sign section and add an additional provision that allows adding one additional real estate sign on property that is on the corridor or other major arterial roadway to direct people back to the property that is for lease or for sale. This would be in addition to the one real estate sign that. is already allowed on the front property. He said there was language to ensure it was very clear the signage is solely at the discretion of the person. that owns the property and must be an agreement between the two parties. H. e said this keeps it uniform and does not discriminate against any other businesses, Mayor Sackett requested Mr. Sizemore to summarize the parts within paragraph 3. Mr. Sizemore said a property which is on a corridor or arterial roadway could have one additional real estate sign placed on it. That sign would have to adhere to the same size requirements as any other real estate sign and could advertise another property offsite. The property owner has the right to remove the sign at their discretion. CC 12-15-08/378 ' Mayor Sackett inquired if he spoke with or met with the lady that requested this at the last meeting. Mr. Sizemore said he did speak with her and this was'the kind of situation she was talking about addressing. He stated by doing.. it this way they would not be required to apply for temporary signage. Commissioner Holt inquired to the additional sign and what this meant. Mr. Sizemore said they can have the sign advertising their own property and one additional sign for the other property. Commissioner Bundy said he liked the simplicity of the approach. He stated he would like to see the permission in writing from the property owner and a copy of this be faxed to Codes Enforcement. Mayor Sackett said he would prefer a standard form. Commissioner Holt moved to approve revisions of the LDC Section 6.6.3.F, as submitted. Seconded by Deputy Mayor Maingot. Mr. Sizemore advised if the Commission approves this, he would draft an i Ordinance with the same language incorporating those comments. He affirmed this would go through the Land Planning Agency and come back to the Commission in the form of an Ordinance. Commissioner Bundy said there were a couple of issues he brought up at the last meeting regarding offsite signage, He stated if they rent the property,. and it is a business, perhaps they should address offsite signage from a permanent basis to include directional signs. He suggested this be included in the Ordinance and any other changes that may be suggested. Commissioner Bundy moved to amend the motion to have the Commission review the Sign Code and any additional suggested changes are included in this Ordinance. •Seconded by Commissioner Holt and carried by a unanimous roll call vote. Main motion carried, as amended, by a unanimous roll call vote. D. The City Clerk requests the City Commission discuss the selection process for the. City Administrator position and give staff the direction deemed appropriate. Ms. IVlirus said she included in the Agenda. Item information from research she had done regarding what the City has done in the past. She also looked at what the cities of Oviedo, Casselberry, and Seminole County Government had done to fill the vacancies of their Managers. She also CC 12-15-08/379 researched the FCCMA Range, Riders Program and had not received a call back from Ms. Lynn Tipton. She stated Ms. Rogers had obtained some information in regards to the Range Riders. Ms. Roper said she discussed this ~yith Mr. Roper and the Charter addresses hotiv the City Administrator is to be selected. She stated it did not address how to obtain a pool of people for selection. She said once the City advertises and obtains applicants, it states, "All candidates for City Manager shall be screened by a committee consisting of members from either/or the Florida City and County Managers Association or the International City Managers Association." She stated once they have followed the procedure to advertise the position and get candidates, they have to select a group from one of these associations who will then go over the applications and narrow these down for the City Commission to chose from. She confirmed, in discussing this with staff and other members, this has been handled through personnel previously in trying to select prior City Administrators. She reiterated that once there was a pool of applicants, they will need to go through the Manager's Association. Commissioner Bundy said he spoke with a couple of the City Commissioners that were here when it was done the last time. He also read through the information provided by the City Clerk and what was sent to them by the City Attorney. He stated they needed to start the advertising process in appropriate publications, to include both the ICMA and the ~J FCCMA. He suggested a phone call to the FCCMA to have them put together a group from the Range Riders to review the applications. He said the City sets the qualifications and they would screen the applications in regards to meeting these qualifications. He stated they would also rank the applicants if asked to. Mr. Drago said they normally rank ten applicants and the Commission would look at their results and decide whether to accept their ranking. He stated they can use the Range Riders, as they did before. However, the Charter does not proh-ibit the Commission fi•om selecting a Committee of City Managers from Central Florida. Deputy Mayor Maingot said there were specifics in regards to qualifications. He reviewed Section 4.04 of the City Charter regarding selection and qualifications of a City Administrator. Commissioner Holt inquired about the Range Riders. Mr. Drago advised the Range: Riders were a. group of retired Managers. Mayor Sackett stated they would go through Personnel for the advertisement. They will go through one of the organizations to establish qualifications of candidates,. rank order them, and move it forward to the ~ Commission. CC 12-15-08/3.80 It was the consensus of the City Commission to move forward in this direction. 12. CITY ATTORNEY'S REPORT. Ms. Roper said it was on the Agenda to discuss the Eminent Domain Ordinance at the second meeting in January. She inquired if they would be discussing the Ordinance she handed out as well. Mayor Sackett responded in the affirmative. Ms. Roper said she would like permission to contact the Attorney that helped her with this Ordinance so he can be present to answer any questions the Commission might have. She stated he has dealt specifically with that Ordinance as other cities have drafted it and would be able to explain the practical conclusion of the Ordinance and how- it would apply specifically to pieces of property. Mr. Drago said Commissioner Durso also wanted the information FDOT provided • so they can look at both documents. Commissioner Btindy said both gentlemen the Commissioners had met with. have indicated they would be willing to attend the meeting, so to be able to answer any questions. He stated there were some differences in the two documents. . Commissioner Holt said he would also like to have an Attorney present that was against it. Ms. Roper said the Attorney that helped with. the Ordinance should be able to cover both perspectives of the matter, Ms. Roper reported there weretvvo Ordinances in the~packet dealing with properties left vacant due to foreclosures. This outlines various ways other cities have dealt. with this matter and re-enforcing that they need to abide by the Codes, let the City know when the properties are going to be abandoned, and who is the new owner. She stated this would help keep properties from becoming so run down that they reflect on the rest of the neighborhood. She requested the Commission review this information and determine if they would like. to draft something similar for Longwood. 13. CITY CLERK'S REPORT. Ms, Mirus provided an update regarding the Ethics Committee. She advised they were still reviewing possible recommendations to bring to the Commission. They will most likely meet in January and Febniary. She stated the Commission had recommended three months, but the Committee would like to take their time in reviewing those recommendations. Commissioner Holt said they received a copy of a letter that one of the. Members had missed two meetings. He inquired if they will need to start the process in reappointing someone. CC 12-15-08/381 Ms. Mirus said the new calendar year starts in January and she will start fresh. ~ She advised the Ethics Committee has not met with a full Committee. Deputy Mayor Maingot suggested Ms. Mirus keep them informed regarding the attendance of membexs they appointed. Commissioner Durso suggested this may be a prime, oppominity for the Commission to go back and revisit those rules. Ms. Mirus said she could bring that forward at a future Commission meeting. 14. ADJOURN. Mayor Sackett adjourned the meeting at 10:31 p.m. 1 ~ ~ / ~ Brian D. Sackel:t, ; Mayo~l- ATTEST': ~ i Sarah M. Mirus, CMC, MBA City Clerk ' ~ CC 12-1508/382