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CCMtg04-06-09Min I~ONGWOOI) CITY COMMISSION Longwood City Commission Chambers 175 West Wa~~ren Avenue Longwood., Florida 11~IINIJTES Apri16, 2009 7:00 P.1VI. Present: Mayor Brian D. Sackett .Deputy Mayor John C. Maing;ot Commissioner Joe Durso Commissioner Mike A:olt Commissioner H.G. "Butch" Bundy 'Teresa S. Roper, City Attorney Tom Jackson, .Acting City Administrator Sarah M. Minus, City Clerk ]David Dowda, Interim Police I~hief ]Katrina Powell, Interim Director of Financial Services I)on Castner, Fire Marshal Y2yan Spinella, Executive Assistant 1. CALL TO ORDER. Mayor Sackett czlled the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOYTNCEiVIENT~~. Ms. Nlnis read the. following announcements: A. Senior Matinee will be held on April la, 2009 from 1:30 p.m. until 3:30 p.m., Longwood Communrity Building, 200 West Warren Avenue. This month's feature is L.A. Confidential. B. Florida Music. will beheld on ~~pri117, 2009 from 6:00 p.m. unti19:30 p.m., Longwood Community Building, 200 West Warren Avenue. C. A Blase Grass Pickin' will be held on Apri118, 2009 from 7:00 p.m. unti1.10:00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. RECOGNITIONS. A. District #4 Presentation of the ]Business Person of the Month Award' for Apri12009 to Citizens $anli; of Florida, Longwood Branch, located at 410 Myrtle Street. CC 04-06-0.9/219 Commissioner Bundy gave a brief chronicle on Citizens Bank of Florida, Longwood Branch. He presented Ms. Ixamarie Diaz and the team with the Business Person of the Month Plaque. Photographs were then taken. 5. BOARD APPOINTMENTS. None. 6. PUBLIC INPUT. A. Public Participation. None. 7. CONSENT AGENDA. A. Approve Minutes of the March 10, 2009 SpeciaVWork Session Meeting, the March 10, 2009 Work Session, the March 16, 2009 Special Meeting, and the March 16, 2009 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for Apri12009. Commissioner Bundy moved to approve the Consent Agenda. Seconded by Commissioner Durso and carried by a unanimous roll call vote. Ms. Roper advised the Commission recently adopted a Resolution to allow if there were Attorneys present or people to present, they could be moved ahead on the Agenda. ~ ; Commissioner Bundy moved to alter the Agenda to consider Items 9 B and 9 F. Seconded by Commissioner Durso and carried by a unanimous roll call vote. 8. PUBLIC HEARINGS. A. The Finance Division of the Financial Services Department recommends the City Commission read by title only and adopt Ordinance 09-1888, which amends the Fiscal Year 08/09 Budget. Ms. Roper announced having proof of publication for this and all public hearings listed on the Agenda. She then read Ordinance No. 09-1888 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Deputy Mayor Maingot moved to close the public Bearing. Seconded by Commissioner Bundy and carried by a unanimous voice vote. Commissioner Holt moved to adopt Ordinance No. 09-1888, as ~ presented, Item 8 A. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. CC 04-06-09/220 ~ l6. The Community Developme~at Division of the Community Services Department recommends th~~ City Commission approve or deny the requested variance (VAR 03•-09) to the Longwood Development Code for a supporting structure located within the Historic District at 179 W. Magnolia Avenue. Mayor Sackett opened the Public Hearing. The following spoke in favor to the Ordinance: Carl Zrelak, 179 West Magnolia Avenue, said they were asking for a "screened in porch to be constricted out of ahuninum. The Historic District Code does not have altminum as an acceptable building product. He stated his neighbors to the wes~, and across the street have strictures that are built out of aluminum. He is here to advise the Commission that what they are doing would not be a detriment to the look of the Historic District. He said his house was built in 1984 and is not a historical building. He and his wife continue to make improvements on the property so not to have a detriment look overall to the surrounding property. He stated their neighbors all signed off saying it would not be a problem. No one spoke in opposition. Commissioner Btmd moved to close the ublic hearin Seconded y p g• ' by Commissioner Holt and carried by a Lu~animous voice vote. Deputy Mayor Maingot moved to approve Item 8 B, as presented. Seconded by Commissioner Dlu•so. Commissioner Holt inquired if there were any neighboring homes that have screened porches that are supporting strictures. Mr. Jackson said it was not a supporting stnichtre in the historical sense. Commissioner Bundy said it was a supporting struchire; it was not a contributing stilicture. Mr. Jackson said the homes to the right and left of this property were consistent in architechire and the design and build time were the same as this. He stated there was no development behind this particular property. He said there were other homes along that stretch of roadway that have enclosures to the rear that were built of a consistent composition. Commissioner:l-Iolt inquired if chose porches were illegal, or they were done with permits. Mr. Jackson said he was quite a~nfident they were constructed either with a variance, or built prior to this being designated as a historic area. CC 04-06-09/221 Commissioner Holt said the map shows there is a row of homes to the ~J backside of this property. Mr. Jackson said it shows a row of plotted property, but Palmetto does not go that far down. He stated the chances were slim of the property to the back being developed. Commissioner Holt said he wanted it on the record that this is not a contributing structure for the Historic District, the porch backs up to a wooded wetland area. He inquired why it was in the Historic Code Book for no ahuninum, vinyl, or other metal siding products in this area of the Historic District. Mr. Jackson said this was not a historical contributing structure. He said these homes were built well after that time and brought into the Historic District. He stated there were other structures that have been built there within the last three years that contain alumimun and other prohibitive items without a variance. This particular request is because this home is within the Historic District, although it is not a historic structure, it requires a variance because of the modification. He said if this property had been located 200 feet to the west, it would not be an issue. Commissioner Holt said he thought that they had said any properties over on Magnolia should not be considered in this language because the houses ~ do not date back far enough. Commissioner Bundy said the Historic District vas designated a long time ago and vas not done recently or expanded recently. He stated it was on the National Register as a Historic District. He said expanding the Historic District overlay would also require approval from the Federal Government. He stated it vas included in this Historic District and unless the City changes the boundaries, they fall under the same rules. Commissioner Bundy said he didn't have a problem if.somebody wants to use aluminum, but the Commission adopted the fact that they were not going to allow vinyl siding in the Historic District. The problem they are faced with now is that they are on the perimeter of the Historic District. He advised there were five points that have to be met to grant any variance, one is financial, and the Applicant stated it was not a financial hardship because aluminum is the more expensive solution. He said the Code was set and they made this determination. He inquired how they would deny someone wanting to build on a vacant lot if they set. precedence with this. Commissioner Bundy reiterated that all five questions were not addressed for a variance. CC 04-06-09/222 Mr. Jackson said they could rc;search some of the questions Commissioner Holt raised, and bring this information back to the Commission. Commissioner Holt said the ~~-gay it stands, he would have to vote no, but he was trying to find a way out for them. Commissioner Durso said they have th.e authority to grant variances and that was their out. Commissioner Bundy said they have established rules for granting those variances and inquired if they"want to make an exception to the rules and set a precedent. Motion failed to carry with atwo/three roll call vote with Mayor Sackett and Commissioners Holt and Bundy voting nay. Commissioner Bundy said he would like to see the answers to the five questions for a variance placed in their mailboxes and perhaps they could place it back on the Agenda for reconsideration or have it resubmitted without an Application Fee. C. The Acting City Administrator requests the City Commission read by title. only and adopt Ordinance 09-1887, which establishes a digital ~ traffic enforcement program designed to enhance public safety on roadways throughout the City. Ms. Roper read Ordinance No. 09-1887 bytitle only. Mayor Sackett opened t:he public hearing. The following spoke in favor to the Ordinance: Dan McCoy, 137 East Maine Avenue, said he was not necessarily in favor or against the Ordinance.. He stated in speaking to Commissioner Durso prior to the meeting, he made the comment they were not buying the car, but getting the authorization to look for it. He said you see in the news about other cities trying to do their traffic cameras and he wants to make sure. the City is going to be financially capable of doing this. Commissioner Durso said it was actually free. No one spoke in opposition to th.e Ordinance. Commissioner Holt mov~.d to close the public hearing. Seconded f ~ by Deputy Mayor Maingot and carried by a unanimous voice vote. ~ Deputy Mayor Maingot rnoved to adopt Ordinance No. 09-1887, as presented, Item 8 C. Seconded by Commissioner Holt. CC 04-06-09/223 - Mr. Jackson said the advertisement Ms. Mirus was referring to was for the variance in the previous item and not this Ordnance. He stated ~ Commissioner Durso as talking about amendments and this would adopt the Ordinance and there would be no further readings. Commissioner Durso inquired if they would be willing to amend the motion to table it. Commissioner Bundy said as long as they were not making substantive changes or material changes to it that would completely alter it. Commissioner Durso said his concern with the Ordinance in its current form revolves around the disposition of traffic tickets once they are issued and whether it goes to the Codes Enforcement Board or to a Hearing Officer. He stated there had been discussion since the City of Casselberry and the City of Winter Springs both use red light cameras that there is a possibility that we maybe able to partner with those cities to cover the . cost of a Hearing Officer and/or defray the cost of enforcing the law. He would like to take a little more time and re-work some of the wording in the Ordinance to reflect that. Commissioner Bundy stated there was nothing in the Ordinance that would preclude the flexibility to participate. He said it states in the Ordinance Hearing Officer/Codes Enforcement Board. He said if they ~ ~ entered into an agreement that would be the Hearing Officer. Discussion was held regarding the driver of ~i vehicle other than the owner. Mr. Jackson said if the vehicle is not under the care and custody of the owner or an individual with the owner's consent, it is a stolen car. If the owner gives the driver the car and the driver runs a red light, the owner gets the ticket. However, the owner can sign an affidavit saying he was not driving and is not liable for the citation. He stated if they chose to pursue the other person, they can tell the owner that the person they are loaning their car to is mm~ing red lights so when they crash,. it is the owner's civil lawsuit and citation. Mayor Sackett said another issue raised was that the yellow lights were shortened. Mr. Jackson said the lighting sequence is set by the Department of Transportation. 'The cameras interface with the signal, but they do not alter the timing. He stated it is a video capture first and the actual violation is photo captured. The sequence can be timed on the video to see it is not an altered amount of time. CC 04-06-09/224 Commissioner Dtirso said it doesn't strike him that the Commission wants • to delay this; but it is important to remember that people who are "victimized'' by red light cameras break the law and put other law abiding citizens in danger. He stated the cameras are statistically shown to reduce the number of red light rtuue:rs, reduce the number oft-bone crashes that take place, and ultimately save lives. Commissioner Bundy expres~~ed concern.regarding the affidavit and if it is a corporate vehicle. Mr. Jackson said the duality of the photograph and video clearly identifies the vehicle and is an enormous amount of liability to the vehicle owners if they continue to allow people to drive their vehicle in a careless manner. He said they have a second step to the review in-house and if it is not clear cut, they have the ability to override it. Motion carried. by a unanimous roll call. vote. 9. REGULAR BUSINESS. A. The Finance :Division of the l±inancial Services Department recommends the City Commission read by title only, set Apri120, 2009 as a public hearing datf; and approve the first reading of ~ Ordinance 09-1890, which amends the Fiscal Year 08/09 Budget. ~ Ms. Roper read Ordinance No. 09-1890 by title only. Commissioner :E-Iolt moved to approve Ordinance No. 09-1890 and set Apri120, 2009 as a public hearing date. Seconded by Deputy Mayor 1Vlaingot and carried by a unanimous .roll call vote. B. Acting City Administrator recommends the City Commission read by title only, set April 20, 2009 a;~ a public hearing date and approve the first reading of Ordinance No. 09-1891 amending Article IX of the Longwood Development Code relative to the taking of private property by a governmental agency. Ms. Roper read. Ordina~lce No. 09-1891 by title. only... Kurt Ardaman, Attorney, was present to represent the City of Longwood with respect to the eminent dorrl.ain issues. Jim Ellicott, with the Legal Department of District 5 of the Florida :Department of'Transpor-tation (FDOT), was present to represent FDOT. Ed Barfield, Right-of-VVay Consultant, was also present representing ~ FDOT. CC' 04-06-09/225 Deputy Mayor Maingot moved to adopt the first reading of Ordinance No. 09-1891 and set Apri120, 2009 as the Public ~ Hearing date. Seconded by Commissioner Holt. ' Mr. Ardaman said this Ordinance is one that the general scope has been requested both by FDOT and the City Commission to allow the ability of the City to give some guidance to both property owners and condemning authorities when the taking or when a condemnation of a portion of a piece of property in the City occurs. He said it was quite. detailed and he would be happy to answer any questions. Mayor Sackett said prior discussions lead to how the City wanted to craft this and Mr. Ardaman had a final draft done and Mr. Ellicott and Mr. Barfield responded. Deputy Mayor Maingot asked Mr. Ardaman if he was satisfied that this Ordinance drafted meets all, satisfies, and protects the City of Longwood. Mr. Ardaman said there were always risks. He said FDOT did raise some good issues with respect to allowing the FDOT and any other condemning authority to process a Cure Plan,. waivers, and exceptions to the Gity's Code and governing documents. He stated this does protect the City and it does allow the City to accommodate condemnation or takings in a fashion that many cities and counties do not do. He said the FDOT would like some additional language and would like a condemning authority's application to be binding on property owners and he does have some concern with that. Outside of that, he stated they had a good Ordinance. Mr. Ellicott said Mr. Andaman had stated the FDOT would like the action to be binding on the property owner and that was not the case. He stated, to protect the property owner, they would like it to be binding on the Commission for whatever decision they make. He said this was so that when the property owner comes in, they will not be asked to do more than what FDOT has submitted. He stated if they do not have some sort of binding answer, then it defeats the entire pwpose of the Ordinance. Deputy Mayor Maingot inquired if the Ordinance; as written and presented, satisfies that requirement. Mr. Ellicott responded absolutely not. Mr. Barfield said there seems to be some conftision on the term binding. He stated they do not want to bind the property owner to have to accept a Cure that is proposed by the condemning agency. What they are trying to achieve is a binding determination that the property owner can rely on. He said the language "non-binding" and "likely" that no attorney, from his experience, is going to recommend to his client to accept something, that is ,J not certain. If they do not come in and receive that degree of certainty CC 04-06-09/226 from the City, then those is probably not going to be a settlement. He advised they do not want to bind the property owner to the Cure that is proposed by the condemning agency. He stated that is strictly an assurance that if that property owner were to come to the City and' ask for approval of that Cure, as well as any as:;ociated waivers, that they would be able to receive it. He said this was the whole intent, and reiterated that they do not want to bind the property owner. Mayor Sackett requested he talk about the word "likely". Mr. Barfield said those two words were too nebulous for a property owner to really rely that the City will approve the Cure Plan as proposed by the condemning agency. He stated they basically want the language to state that if that owner was t:o come in and present the exact same Cure, as prepared by the condemning agency's representative, that the City would approve it, as proposed, along ~rvith the waivers. He said. this was all they were asking for. They were not: asking for the owner to have to take it. They do not think that :is reasonable and it should not be something that the owner should be bound by. He stated they do want to make sure that when the FDOT, or whatever the other condemning agency may be, comes in and asks for an approval of a Cure Plan, including waivers, that the City is agreeable to accept those. Deputy Mayor Maingot inquired what specific paragraphs he was referring to in this document. Mr. Ellicott said it was on page two, A. Intent, it says ".....obtain non- binding determinations..." He ,Mated if binding was the word. that gives everyone problems, it would be better if they didn't say binding or non- binding. They would like it to say, in whateverlanguage they prefer, that whatever decisions the City males, that when the property owner comes in to enact that. Clare, it will be approved. Mr. Barfield said they were not asking that the City make a determination that is contrary to the Ci.ty's best interest. They are looking for a determination that not only that the agency doing the condemnation can rely on, but the property owner also. Commissioner Bundy said ~he did not have a problem with. making it binding on the property owner. lie stated if they accept the offer made, it is contingent upon the condemning agency having to come up with a Cure if they are going to be out of eornpliance with the Code. He said he did not mind it being binding on the City, but he has reluctance not binding the property owner. He stated they could possibly come in at a later time with a different variance request. He :;aid he did not want to see that the property owner has take~i the money and not fixed the problem it may create, or that they don't circumvent the City's process by ignoring the CC 04-06-09/227 Cure and coming in for something else. He reiterated it does need to be binding on the property owner. Mr. Barfield said that typically at the stage where you are doing the appraisal and determining the amount of compensation, there is not a lot of cooperation or coordination at that particular time. Commissioner Bundy said if they were making an offer to purchase, they will come to the City ahead of time and present the solution. He stated all this would mean was that FDOT and the. City agreed on it, and had nothing to do with the property owner. Once the property owner accepts the offer, the solution needs to be part of the offer and binding on the property owner. He said the Commission needs to make sure that what happens in future projects is not what happened in the past when a tremendous amotint of.non-conforming properties were created. Mr. Andaman said that clearly the purpose is to allow some certainty. He stated the Ordinance is set up so that a property owner can come to the City and propose a Cure and ask for waivers and exceptions. If the property owner processes that and ,gets City approval, it is binding on the property owner. It also provides that the property owner and condemning authority can j ointly come to the City and present a plan for approval. He said this would also be binding, on the property owner. It also provides that a condemning authority can come to the City. and say they want a Cure Plan with waivers and exceptions to be approved. He stated the reason he provided where the condemning authority unilaterally says they want this Cure Plan approved, and. the City approves it without the property owners consent, it is still going to be binding on the property owner and raider the Ordinance that property owner is obligated to implement that Cure, even if the property owner objects. He said the. property owner was going to have to bring the plan into fruition and build it. If the property owner objects, the City is then in a compromising position. Commissioner Bundy said once the property owner signs their contract accepting the condemnation offer, then it has to be binding upon them. He stated if it was only binding on one party and not the other, then that is not a contract. Mr. Andaman said they could. add to the Ordinance. that states if there is a settlement entered into between a condemning authority and the property owner that requires a Cure Plan that it is approved by the property owner, and it will then be binding upon the property owner. He stated they did .not want to keep them out of the process. Commissioner Bundy reiterated that once the. property owner accepts the contract, it has to be binding and this needs to be incorporated in the ~ Ordinance. CC 04-06-09/228 Commissioner I=Iolt said what Commissioner Bundy was saying is covered t..~ under E 4. If not, he inquired how you would put that into language and would it be in E 5. Commissioner Bundy said that would be left to the Attorneys. He stated the property owner needs to widerstand up front that this is the solution and they are going to be bound by i't if they sign the a~ cement. He said they could alter E 4 or.add a seaction 5. Mr. Barfield. said that it has begin his experience that if a property owner does not agree with the Cure Plan proposed by the condemning party, they are not going to sign the agreement. If they do; then they are buying into the proposed Cure as being acceptable. Deputy Mayor Maingot said there was a requirement for the parties involved to get together and make amendments according to the comments made. this evening. Mayor Sackett said most of what Mr. Barfield wrote was in relationship to that. Mr. Barfield said they would like to see the language that would prevent an owner from holding onto th~~ Cost to Cure. Plan that is going to create additional damages. He gave ar.~ example of a landscaping plan that took ' away parking.:Loss of parking could put them out of business and typically they will want: to be bought out. Mr: Ardaman said that was clearly an issue, but that puts the Commission in the business of evaluating condemnation cases. He stated if they approve an Ordinance similar to this with the first amendment that was brought up, they will have the c~~ndemning authority and the property owner come before the Commission and they will hear those arguments. I=Iowever, to put handcuffs on tlce Commission now to say they can't approve one type of plan and th.c;y have to approve another type of plan is not in their best interest. He affirmed that Mr. Barfield's point is a good point. If you have a property owner looking just for money and not to continue to fimction as a business, when you hear the request for the Cure Plan and the exceptions and waivers, you can ask those questions. He affirmed that this requires the property owner attempt to bring their remaining property as much into compliance with the Code as possible. lie said to say on the front end, before hearing the case, this is the way we have to do it, would prevent the City from solving some problems that you can creatively solve with your Planning Department and hearing from the condemning authority and property owner together. ~ Commissioner Bundy said at the time the condemning authority came in,. the City would be notifying the property owners, so it would not be done in secret and would require a public hearing. CC 04-06-09/229 Mr. Barfield said they were looking for it to only be binding in the sense of if there is a settlement, and the owner asks for that. Cure Plan to be ~ presented to the City. He stated they are looking for assurance. Mayor Sackett said the Commission was saying they understand that and suggested they go back over Section E with the City's representative to ..see what ca'n be crafted prior to the Public Hearing. . Mr. Ardaman said that was a good suggestion, basically it becomes binding with the condemning authority only if it is accepted by the property owner at settlement. He stated he heard from the Commission that they would like to have notice go to the condemning authority when a property owner comes in and notice to the property owner when the condemning authority comes in. Commissioner Bundy responded in the affirmative. He said if it was unilateral; they want everybody included. He stated that would save a lot of problems in the fiiture. He said if they are noticed, they can choose to ignore the notice at their own risk. Mr. Ardaman said they can make those changes between. now and the second reading for the Commission's approval and the EDOT's review and approval. ~ ~I Mr: Ellicott said there was a small problem with that and said they get into trouble when they don't have an agreement and have to go through further litigation. He stated if at that point they don't have something as a definite answer as to whether the Cure is approvable; it is very difficult to litigate. _ Commissioner Bundy said the Commission has stated they would accept the Cure, as long as the property owner will accept it. Mr. Barfield said the only way to get around this for litigation ptuposes; is that a representative from the City would have to appear at the hearing or trial to state the City's position and,that they are willing to approve the Cure., Commissioner Durso said he wanted to be c ear that the binding provision on the property owner comes when the property owner accepts the plan and enters into the agreement. He inquired if that language was in the Ordinance. Mr. Ardaman said there were three situations that he understands when the Commission wants it to be binding. He stated that two of those were currently in the Ordinance that would be binding; if the property owner presents a Cure Plan and the City approves it, and if the condemning ~ authority and property owner jointly submit a Plan for approval. He said the third, which is not in the Ordinance yet, but it sounds like it should be CC 04-06-09/230 in the Ordinance, is where a condemning authority Plan is incorporated ~ into a settlement that. i s accepted by the property owner and that would be binding. Mr. Ellicott said the key was. gnat. someone from the City could testify and say the Cure Plan would be acceptable. Commissioner Durso said this was only meant to address when the condemning authority or the property owner presents a Cure to be approved by the City. Mr. Andaman said that was the whole purpose of the Ordinance. It allows and provides for either the property owner or the condemning authority to come and get approval from the City. If they don't ,get approval, you would then litigate just like you would normally litigate. Commissioner Holt said you would have to take it on a case by case basis. He stated no one could be appointed by this Commission because it has to go before the Commission. ' Mr. Barfield said it would be o:ne person representing-the Commission's decision, .not one person's opinion. ~ . Mr. Ellicott said the way it is ~-~ritten, it states the Commission is the one ' making the decision whether the Cure is acceptable or not and that is the way it has to be. Commissioner Holt said if it does go to trial, then their voice would speak by the documentation at that time. He inquired on page 1 1, under G, the last'sentence, if thirty days was enough time allowed,' Mr. Andaman said that was a good point. and it may not be. He stated there was a provision in the Ordinance that allows for waivers, exceptions, and timelines for the Commission to approve. He suggested they may want to provide for an open date and let the Commission establish the date. Commissioner Bundy suggestec[ rather than putting in times and notices, to put in that it may be enforced. through our normal Codes Enforcement procedures. Mr. Andaman pointed out that under Section G, the first sentence does utilize that "The City may enforce violations of this Section by way of Codes Enforcement Board action, ..."However, it also gives the Commission some additional authority if they choose to use it. He said the suggestion of rather than having a fixed time period, if they want. to use ~ the Codes Enforcement mechanism, they can use that. However, they need to change it to a reasonable time: of such notice, given the circumstances. CC 04-06-09/231 Motion carried by a four/one roll call vote with Commissioner Durso voting, nay. C. The Finance Division of the Financial Services Department recommends the City Commission read by title only, set Apri120, 2009 as a public hearing date and approve the first reading of Ordinance 09-1892,. which amends the Fiscal Year 08/09 Budget. Ms. Roper read Ordinance No. 09-1892 by title only. Deputy Mayor Maingot moved to approve Ordinance No. 09-1892 and set Apri120, 2009 as a public hearing date, as presented, Item 9 C. Seconded by Commissioner Holt and carried by~ a unanimous roll call vote. D. The Finance Division of the Financial Services Department recommends the City Commission. read by title only, set Apri120, 2009 as a public hearing date and approve the first reading of Ordinance 09-1893, which amends the Fiscal Year 08/09 Budget. Ms. Roper read Ordinance No. 09-1893 by title only. Commissioner Holt moved to approve Ordinance No. 09-1893 and set Apri120, 2009 as a public hearing date. Seconded by ~ Commissioner Bundy. Commissioner Holt said he thought they had already done this when they had the survey and plot done. Commissioner Bundy said this was the contract to provide for what they had discussed in changing the layout. Ms. Mirus said that was approved by the Commission for Metzger & Willard services and was in regards to the money coming out of the cemetery budget. Motion carried by a unanimous roll call vote. E. The Community Development Division of the- Community Services Department .recommends the City Commission approve a request from the Sharing Center to allow the operation of a mobile medical clinic on two days per month (an increase from the current one day per month) in_ the parking lot. of the Fairmont. Plaza at 600 North Highway 17-92. Commissioner Bundy inquired why they had to deal withthis. He said ~ they were treating them differently than they treat the Bloodmobile, the Bookmobile, or any of those other things. He stated this was a benefit to CC 04-06-09/232 the Community of Longwood and if it starts to create any problems, the Police Department will conta~;t them. ' Deputy Mayor Maingot said tine reason it came before them was because of a question with regards to t:he Code as it relates to parking. Mayor Sackett said they must have set it when they did the once per month. Commissioner Bundy said they should just leave them alone, the Sharing Center owns the property. Mr. Jackson said initially when they came in to request once a month; it was the consensus then that it ';vas due to planning of a specific function every month. Now they are re~~uesting twice a month and in the event they find this successful, they may come back for three times a month, and so on. He stated they wanted to keep th.e Commission apprised of the development here, as it states i:n the temporary use permit that the parking spaces will not be used for anything other than parking and services not rendered outside the facility. Mayor Sackett said there was nothing formally in ~i~riting the last time. i Mr. Jackson said it was becoming a function with such regularity, that they might be in violation of the Code by performing a fitnction outside the facility and using their parking spaces for other than what was intended. Mayor Sackett said this shows 1:here is a need for what they are doing. Mr. Jackson responded in the affirmative. He said the mobile facility was the best way to reach the needs of the people who require that service. Deputy Mayor Maingot said th~lt all parties involved are aware they are providing a good service, and a1: the same time there has to be some sort of element for control on the situation. He stated if things begin to get out of hand, they will be presented with a problem, but until such time, the Commission should look favorably. Commissioner Bundy moved to approve the utilization of Fairmont Plaza for up to four times a month for the operation of the Health Center. Seconded by Commissioner Durso and carried by a unanimous roll call vote. F. Acting City Administrator recommends the City Commission accept ~ and approve an offer and .purchase agreement with the Florida Department of Transportation. (FDOT') for the Public Works Facilities (Parcels 149 & 150) in relation to the SunRail Project. CC 04-06-09/233 Mr. Jackson said after negotiations, the City and the Florida Department of Transportation (FDO.T) finally came to terms. He stated multiple copies of the contract have been forwarded to Mr. Spinella by FDOT to acquire parcels 149 and 150 of the City property for the purpose of locating Commuter Rail parking. He said this was before the Commission for approval of the purchase. Mayor Sackett said the contract has cross outs and inquired if this was what the final copy to be signed was going to look like. Mr. Ardman responded in the affirmative. He said this was the version of the contract that came back from FDOT to the Acting City Administrator. He advised the total of the allocation of numbers does equal the $2,050,000. He stated this was an Agreement to sell the identified City property to the FDOT for $2,050,000, plus requiring the FDOT to deal with the sewer issue on site. It also allows and requires that an easement be given back to the City in the deed reserving to the City easement rights. It also requires the FDOT to build the standard canopy, unless the City opts for the upgrades at the City's expense. He advised the FDOT was not willing to make a number of the City's changes to the contract and this. was as far as they were willing to go. Deputy Mayor Maingot said there should be some additional fiords coming to the City for relocation costs. I ~i Mr. Ardaman advised that was separate and apart from this. He said there was a provision in the contract that requires FDOT to assist in obtaining reimbursement of relocation expenses from State and Federal programs on page 3 of 6, paragraph 7. Mr. Jackson said by identifying two land parcels, it qualifies for two relocation fees. He stated the other fees were cost actual and Mr. Spinella and Mr. Carlton will go out and inventory what the City perceives being our relocation costs. In conjunction with that, we will need to obtain a series of appraisals to negotiate a settlement price with. FDOT. Mr. Ardaman said there was not a good description of where the perpetual easements are over Longwood Street for the construction of the Station. He stated the City was obligated, if signed, to have Longwood TOD, LLC deed to the City all of the vacated right-of--way of Myrtle Avenue and the City would give FDOT permission for the construction of the station in those areas. All of Myrtle Avenue will be conveyed to the City after construction is complete. He advised the City has the power for approval of development. i Commissioner Bundy said Orange Crown Development representatives were at this meeting and in all of the conversations they have had, he did ~ CC 04-06-09/234 i not think acquiring the right-c~f-way will be an issue because it is to everyone's benefit. Commissioner Bundy .moved to approve the contract. Seconded by Deputy Mayor Maingot and carried by a unanimous roll call vote. Mr. Andaman said one point he didn't mention was that there, was a reference to a lease the City is going to enter into with FDOT to provide for no rent for the City to. least; the property back until they move out. He said he would send back to them a simple form lease. G. Acting City Adminisl:rator rE;commends the City Commission hear a presentation to review relocation opportunities for the City's Public Works Depal°tment and give staff the. direction deemed appropriate. Mr. Jackson said by selling the Pilblic Works property forces the City to relocate. He stated the challenges are significant in this next decision the Commission has to make. He .said with the size of the property needed and the environment they need to relocate to that there were not a lot of opportunities within the corporate limits. He advised that he has taken some time to locate some options and one is well known to the Commission which is some acreage on Orange Avenue just east of the railroad tracks. Another location he was able to determine is an industrial ~ compound on South Wilma Strf~et. He had Mr. Spinella prepare an ~ overview of these properties. H~ stated Mr. Von Weller of Orange Crown would like to expound bn one of these properties, as it belongs to them. Mr. Spinella reviewed photographs of the interior of the building showing the square footage located on Wilma Street. Mr. Jackson said one property vas close to being capable of moving in and the other property would have to be developed. He stated the property at 811 South Wilma was approximately 1.65 acres with an 18,000 square foot warehouse. of which 8,000 was warehouse and 10;000 under air with a fenced compound. There is some adjacent usable property by the Progress Energy power easement. Mr. Spinella continued to review photographs of the property located on Wilma Street. Commissioner $undy inquired if Mr. Jackson had held any discussions with Progress Energy rep;arding ~ztilization of their easement for parking. Mr. Jackson responded in the affirmative. He said the problem they did ~ have was slightly to the north wi~~.h a company that had a large mass of ~ scrap on their easement. He stated any area the City would fence off, they would need to have gated access to tivhich the City could accommodate. CC 04-06-09f235 Mr. Jackson said they were working against a deadline with FDOT. He stated there was plenty of space, it is centrally located, and was an ~ industrial area. He said the downside was that they have no options on the layout, but they could make .some modifications.. He said the consensus. between the Division Heads of Public Works was that it is workable. He stated it was an older building and. he would suggest taking .some of the proceeds from the sale of the Public Works Facility to upgrade some of the insulation and place a facade on the building to make it more attractive. He said with the other property they would have key say so from the beginning to the end on how they want the structure to look, but the downside to that would be that they are working against the clock. Mayor Sackett inquired who the owner of this property was and how firm was the price. Mr. Jackson advised the owner was Mr. Dave Mahoney. He stated that two years ago he vas at $2.2 million on .this property. When they first started talking, he was at $1.5 million and the $1.3 5 is at a point that if it goes below that he will have to borrow money to help pay off the mortgage. Mayor Sackett inquired how this came. about. Mr. Jackson said approximately one week prior to February 2, 2009 and ~ realizing the position he was going to be in and monitoring the wishes of the Commission, he spent some time, driving around the City and located this property. He spoke to the realtor that represented the property at the time and since then, it has gone out of contract. Mayor Sackett said that access to Wilma Street was limited. Mr. Jackson said that was a challenge and Public Works was currently seeking some easement or access where they could go out through to Florida Central or Bennett. Ryan Von Weller, Orange Crown Holdings, said this was a project that has been going on for the better part of two years from start to finish. He stated he has been involved in the process since the inception of the Transit Development and its ancillary components. He said this was a public/private partnership for the entire Transit. Oriented Development (TOD), the entire SunRail Project. He declared none of this was going to be possible without participation at every level. He gave some background of TOD and said Orange Crown Holdings owns .several parcels bordering the FDOT planned rail stop and platform. He stated he hoped many read in the Orlando Business Journal the last couple of issues ago where their project was featured along with the City's vision and view of this project u as a whole. He said TOD was not to be defined simply by what was next to the platform. He stated the FDOT defines a TOD area as a half mile CC 04-06-0.9/236 radios from where the platform is to be located. He reviewed a schematic the FDOT has presented of thy; property and the TOD area. He said that over the next two decades all properties within this area are expected to double if SuriRail comes to pass. This effect will be felt citywide in ad valorem tax increases, jobs, acid infrastructure improvements. He declared this was a citywide project and would extend further than just a train platform. He stated it is their hope that competition eventually enters in and this was good for the City., He said. other developers will evenhially come in to see what the opporl:unities are with urban infill. The Commission leas indicated previously with the Design Guidebook that it stands behind redevelopment and infill smart controlled growth that SunRail and TOD will bring to the City. He reviewed how they got to where they are today and said Orange Crown Holdings saw an opporhtnity for this area to be more than just a concrete jungle the FDOT had first designed. In doing research on the area, they pointed the FDOT to some land they owned north of the property Orange Crown Holdings owns and north of the current Public Works site on which they are now planning a parking lot. He stated in worki~ig with the CitS~ Officials of Longwood, it was brought to their attention ghat the Public Works Facility was in need of a complete overhaul, if not a. replacement and the City had been attempting to get this done for ~~he better part of a decade. He said there was a study that was completed by a third party provided to them that they reviewed at great lengths to determine what the Public Works overhaul was going to consist. of. They presented the prospect of the FDOT ~ purchasing the Public Works land in lieu of the property immediately bordering the platform. Along with the City Officials, ACi, and FDOT, they eventually worked tlu•ough many of FDOT's concerns and helped convince them that the Public ~Vorks site was the ideal site for parking for this Project. He stated this, would hopefully provide an impetus for the City to get a new Public Works Facility, regardless of where that maybe. It has provided millions of doll~irs of acquisition savings for the FDOT, and it allowed Orange Crown Holdings free reign to negotiate and purchase properties in the area i:or eventual development. He reviewed renderings that include the Public Works property in the schematic. He provided facts about the Orange; Avenue site that Orange Crown Holdings owns. He said they worked with the City of Longwood appointed Officials over the past two years to determine that the Orange Avenue site would be well suited for a Public Works Facility. This was done before the Public Works property was earmarked to be the parking lot for the FDOT SunRail. The site consists of two parcels divided by a closed City right-of- way. He stated the City currently uses the wetlands on this site and pipes street drainage :from the immediate area into the wetlands via an easement. He said the City has used this site over the last rivo years as a staging area :for road improvement projects and this was done with no written authorization or agreement from. the property owner. They received no rent over this period, and as of March 2009 the property was still being used for this purpose. He stated they were verbally approached and asked if some work could be staged on. this site and they had no idea it would be CC 04-06-1)9/237 this lengthy and it has encroached on a majority of the property where it was initially supposed to have been contained .to the closed right-of--way in ~J the middle of the property. He advised there were three acres of upland , that require no mitigation for development on the property. In recent conversations, they have found it may be too large for the current City's needs in terms of purchasing and rebuilding a Public Works Facility. He said the site is divided and can be divided and sold to only suit what the City currently needs. Commissioner Holt left the meeting at 9:12 p.m. and returned at 9:13 p.m. Iylr. Von Weller reviewed why the City should relocate to the Orange Avenue property. He said this was a critical facility not only to the City, but- also to its residents and this was. the best location being in the actual heart of the City with its proximity to both County Road 427 and State Road 434. He stated there was room for expansion in the fiih~re if so desired. This would be a custom built facility and not a retrofit. He said the new Public Works building on Orange Avenue would also fit into the neighborhood standards that the City Guidebook has put into place and would be the first building in this District to meet those Guidelines. He stated the renderings for the building will show it will be a tremendously aesthetic project for a Public Works Facility. He affirmed they have designed it and priced it in such a manner that it is not simply a cold, dark i box warehouse that would be out of place in any residential or commercial ~ ~ area. It has the look of an office or residential. component and does not look anything like an industrial complex. He said this agreement would continue to foster the public/private relationship they discussed earlier between Orange Crown and the City. He reviewed the proposed -Site View of the Orange Avenue property taking the whole property into accotmt with. Public Works and Community Park area, on the same. site. The rendering showed a building that was roughly 16,000 to 18,000 square feet and based on recent conversations, that may be too large for the City's current needs. He said to make this a reality, the Orange Avenue site consists of two m7ique parcels that gives the option to either sell the entire site, have the City purchase only what they need currently, or enter .into some kind of an agreement where the balance due for the land could be paid over the course of several years. They know they are working within the current constraints of the FDOT's purchase price of the current facility and they also realize there are no additional funds to purchase land and rebuild a facility in excess of what the City has received from FDOT. He stated there was an opportunity to build a space larger than what is currently needed and grow into the facility rather than working backwards into a secondary option. He said the City might also build what it needs now and leave room on the site plan for fittl~re construction. He said how much this will cost to constniet is a main issue. They had estimates done for an order of magnitude pricing by a couple of contractors using a ratio ~ of 60% finished office to 40% warehouse and the total cost to constntct, including the sidewalk paving was $70 to $80 a square foot. This does not CC 04-06-09/238 include site acquisition aiid is construction of the building only. He stated outdoor canopy construction was hit on several times in the Public Works program done several years ag;o and these can be utilized for storage of equipment and materials at a much lower cost. This would lessen the construction size necessary in addition to the overall aggregate cost of the project. He said there has been. concern previously about a project like this standing out in anon-industrial district, but it has never been their intention to have this look like a warehouse or industrial product. It will have the look of an ofi~ice or residential building and will fit the characteristics that were approved and designed by this Commission for this District. Mr. Jackson said they don't ha~-ve a lot of real estate options in the City. They have a choice here of either an existing structure that will retrofit or aground-up facility that they would have to design and build. He stated there were several points that were positive and negative on both sides of the fence. He said the TOD concept was within 900 feet of the platform. He stated it was very impressive looking, but regardless of how well it looks, it will not mask the sounds and noises that go on from the facility. He said one of the downsides was that t:he frontage of the building would be across the street from three residential duplexes. He stated he did not know what the cost is and all the costs that have ever been referred to vas i they would work it out determined on what FDOT gives the City for our property and make it apass-through cost. He said he did not know if that was workable.:EIe stated some of the proceeds they had anticipated generating from the sell of our :property and acquisition of the pre-existing stnichtre would go to cover the upgrade cost of the platform. He said before they can really move for.vard, they need to know what the costs are. Mayor Sackett requested Mr. Von Weller to talk about the usable size we need, and not in the grand plan or total acreage. Mr. Von Weller said they believe an acre and a half, based on the alternative project is sufficient. He stated this has been their understanding based on what was sought out as alternatives. To address Mr. Jackson's other points, this properly borders a tow thick yard and a portion of it is already zoned commercial, so th~~ noise factor he can understand and appreciate. Additionally, there is property that is not in ideal condition directly catty-corner to the property across from Orange Avenue. He pointed out there are industrial and commercial properties abutting this property. He said, in terms of the- price, cost savings from the money from the FDOT, to his knowledge and what he saw, he did not see any actual estimates of how much the retrofit would cost on the alternative to make it up to standard. He stated for land. acquisition cost, it was their understanding that this was just an introductory discussion tonight and at any of their requests, they would be happy to meet with them to go over fiirther details or at a future Corrvnission meeting. He said it was public CC 04-06-O.a/239 record what they paid for the property and they were not looking to take a loss, but at the same time, they are fully aware there needs to be cost savings left over if at all possible. He stated they know approximately what the building is going to cost and they can come with an exact number, but he does not have it in front of him at this time. Commissioner Durso inquired what they paid for the land. Mr. Von Weller advised for one parcel they paid $700,000, and the eastern parcel was $450,000. Deputy Mayor Maingot inquired, based on the plan drawn by ACi, and . their knowledge of the requirements, what sort of ballpark figure are they looking at. Commissioner Bundy said that the cost for construction would be approximately $1.28 million for 16,000 square feet. Mr. Von Weller said that was based on what was required previously. He stated he was sure the requirements have changed and several things were omitted. He stated they were doing the best they could with the old study. Mayor Sackett inquired what the timeline would~be for getting a building. ~ Mr. Von Weller said he believed it was a minimum of 180 days for the ~s~ City to have to relocate. He stated he would imagine it would be a four to six month constriction period. Commissioner Btuidy said FDOT may not give us 180 days. He stated the problem is, if they can build it in four to six months, they will have to go through an architechiral site design selection and do an RFP. He said we have piggybacked some things on ACi's contract in regards to working on a planning process, but nothing for architectural work. He stated you also have St. John's Water Management District to deal with. He said the process for the Community Building was two years and they already owned the land and had the money. Commissioner Durso left the meeting at 9:32 p.m. and returned at 9:33 p.m. Deputy Mayor Maingot inquired what their original intent was of purchasing this property. Mr. Von Weller said as Mr. Jackson had previously pointed out, there was very little open property in the City of Longwood core. Once they started working on the SunRail Project, it quickly became apparent that this property was in very close vicinity. CC 04-06-09/240 Commissioner Bundy said it would cut down on their timeline if they provided a design build concept with the idea of selling a completed building on this site. Mr. Von Weller said that was what they were trying to do initially. He stated if that was something of interest, he could get back to them. Commissioner Bundy said Crown Holdings would have the luxury of not having to go through the RFP process for the design and engineering costs or for a general contras;tor. He ;Mated it would shorten the timeline if they could offer a turn key job. He suggested they come back with a bottom line cost to the Commission and a timeline. He said they know what the cost of the other property was €;oing to be. Mr. Von Weller said he could start working on it tomorrow and he did not think it would take 30 clays to get something completed. Mr. Kevin Kroll, Orange Crowd Holdings, said their main interest was in the TOD, seeing that as a viable: fimction here and spearheading the City's redevelopment efforts. Commissioner Holt said they knew they were coming;here and.in his opinion, he would think they would have been befter prepared and had three or four conceptual: plans to present. He stated they did not need a ' three story building in that. area, they are looking at a working warehouse with .some office space. Mr. Kroll said that is all they have proposed here as well. He stated he 'thought it was just the facade he believed Commissioner Holt was talking about and that is to fit into the City's design standards they were provided. He said he has walked through the other property and was very familiar with that building, and the cost it will take to get it up to the specifications the City needs for Public Works and that was going to be a costly venftire. He stated he was not colifident in 180 days from now and what was ,going t:o happen.. He said in 180 days from now they were all going to have their hacks up against the wall. >=Ie started he wanted to reach an agreement with the City that they can all work with. He said he was working with what instnictions he was given. Mr. Von Weller said they have gotten very little-actual direction. Commissioner Holt inquired who has been providing instruction to them. Mr. Kroll said they have received instruction from the previous City ~ Administrator and the current Acting City Administrator, as well as the City Commissioners they have spoken to. CC 04-06-09/241 Mr. Von Weller said it was their direction to speak with the City Administrator, regardless of who that was, rather than going to the ~ Commissioners individually. They have tried to do that with Chief Jackson as well as the previous Administrator. Commissioner Bundy said they were prepared for what they were asked to do, which was to come in and present some options. Mayor Sackett inquired if they could have some more information on the building Mr. Spinella took photographs of and additional information on building on one of the lots so that they have a matrix with numbers, time; and all information for when they discuss this in May. Commissioner Holt inquired if Orange Crown Holdings would be selling the property and developing the. property. . Mr. Von Weller asked for direction for how they would like him to proceed. Commissioner Bundy said in the interest of making this fit into the timeline, they first have to close with FDOT. They can then enter into a contract regardless of which property they choose. He suggested the contract with Crown Holdings include purchasing the property with them i developing due to the time restraints. Mr. Von Weller said they have wanted to have this discussion for the better part of a year and they kept hearing that it could not occur until there was an agreement.with FDOT. He stated they have been prepared ' and even though those renderings look simplistic, do come at a cost and doing fifty renderings without knowing what the objective is a fruitless proposition. Mayor Sackett inquired if they could have this information by the first of May. Mr. Von Weller responded in the affirmative. Mr. Jackson said they could have additional information on the Wilma Street property. He stated that he has not had any meetings with Crown Holdings regarding the Orange. Avenue property and relocating Public Works. Deputy Mayor Maingot said once they have turn key proposals on both properties, they can then compare and make a quick decision. H. Financial Services Department recommends the City Commission approve a contract not to exceed the amount of $219,650.00 to Elster Amco Water Inc. for the furnishing and installation of an Advanced CC 04-06-09/242 Metering'Infrastructure (AP?II) Fixed Network water meter reading system and authorize the Acting City Administrator to sign all appropriate documents. Mr. Jackson requested this Item be pulled. He stated he and the Interim Financial Director have had conversations with the representative from Elster Amco Water Inc. and while this system has a lot of merits to it, due to economic conditions, this is the right project at the wrong time. He advised the City does riot have financial resources to implement all three phases. 10. ACTING CITY ADIVIINIST'RATO).t'S REPORT. Mr. Jackson said in regards to the water levels of West Lake, he advised this water ~.•eduction was due to drought conditions. Mr. Jackson said that Commissioner Flolt had inquired about a project going on in the City a few weeks ago and he had also requested the Commission be briefed on upcoming projects. He stated he had the Community Services Department put together a presentation for the Commissioners to review. He said they would be receiving one of these each month so to give them a good idea regarding commercial developments and timelinc;s. i Mayor Sackett suggested this information be made available to the public. Mr. Jackson said there was some question regarding what a variance fee was. He provided-for their review, Lonl;wgod's Fee Stnictt~re in comparison to surrounding communities. Mr. Jackson reported he was approached regarding Longwood advertising in the Florida League of Cities magazine. He said we iave done this in years past and reported the fee for advertising. Commissioner Durso moved to extend the meeting. Seconded by Deputy :Mayor Maingot and carried by ~c unariim.ous voice vote. Mr. Jackson advised there were funds in the Commission's Community Relations aecouiit if they wish to advertise. It was the consensus of the Conunission not to advertise in the Florida League of Cities magazine. Mr. Jackson said he had requested the City Attorney to interpret liability for Advisory Board Members. He advised they received an answer and the Commission was provided a copy advising that the City had no liability insurance, but as long as they act within the scope of what. they are supposed to be doing, there is immunity. If acting outside of that scope, they are subject to a personal lawsuit. CC 04-06-09/243 Mr. Jackson said he had a contract extension for Metzger & Willard, the City's Civil Engineer, for a period of six months. He advised the fee for one day a week over this six month period was $41,250. He stated they do have the capability of going from month to month. He said when this came up several months back, Commissioner Holt requested a copy of all the contracts for vendors they outsource and Commissioner Durso more recently made this request. He advised that due to the number of pages, these contracts were available in Ms. Powell's office for review. He stated they were forming the budget at this time and there were some specific areas he would like the Commission to look at that were significant cost drains. He distributed a copy of this information and said these items were illustrative of what they are dealing with i.n conjunction with the Metzger & Willard deal. He said we were paying about four times as much for smaller government. He stated the 1Vletzger & Willard contract expires in nine days and inquired if the consensus. of the Commission would be to go on a month . by month basis. Commissioner Bundy said this would be $82,000 a year for 52 days. He stated if we had a City Engineer, they would be money ahead when considering the total cost paid to this engineering firm with the additional fees. He suggested they go month to month on this contract and review the provided doctunentation. He said the Commission was previously sold a bill. of goods in many instances as far as cost savings and level of services. He stated prior to the election. that.they had requested cost comparisons with the Severn Trent Contract. on the water plant operations and he was told by the former Finance Director that they could not get ~ that cost comparison because they did not know what it cost to operate it before. He questioned how they could determine almost two years ago that we would generate several hundred thousand dollars in savings, if they didn't know what it was costing. He stated now that they are getting information; they can make up a significant portion of the shortfall in these contracts. Mayor Sackett. said the Acting City Administrator was asking specifically about the Engineer contract. He suggested a month by month contract. Commissioner BLU~dy moved to extend the contract on a month by month basis for two months. and by that time have back to the Commission a proposal to either hire a City Engineer or re-orient the Department to look at it. Seconded by Commissioner Holt. Commissioner Holt inquired what kind of numbers they were working with for a month to month contract. Mr. Jackson said they had nine days and he will make. the phone call to them tomorrow to find out if he was amenable to .month to month and what the month to month cost would be. . Ms. Powell said to keep in mind this was just the Continuing Services Contract for one day a week. She advised he was still under Contract for various projects ~J the City was working on and they would continue paying. for those projects. She CC 04-06-09/244 stated the Continuing Services Contract they can do on a month to month, but the ~ other projects were separate. ~ . Commissioner Bundy stressed that they did not want him to start any additional projects unless they were of an extremely time sensitive nature. Motion carried by a unanimous roll call vote. Mr. Jackson reported that on Apri120th representatives from Seminole County will do a presentation on CRA. He said the Fire Union Contract will be presented at the next Commission meeting. Mr. Jackson said there has been a request by McCree to do work on Saturdays at Reiter Park because of the water volume they are running into. He stated by Ordinance, construction cannot be done on the weekend tuzless it is an emergency. It was the consensus of the Commission to permit McCree to work on Saturdays. Mr. Jackson reported there was a sign up in front of City Hall identifying the building. Mr. Jackson reported there vas a request for a permit fee waiver for Lynx Bus ~ and it was pointed out that we could not waive the fee. He inquired if there was a possibility to reduce the fee. Ms. Roper advised other cities have done this by Resolution. Commissioner Bundy suggested they change the Ordinance to provide for the ability to waive the fee. Ms. Roper advised they could amend the Ordinance to waive or reduce the fees. Mr. Spinella said he spoke with Mr. Jeffrey Reine and he is planning to come to the next Commission meeting to confirm the exact locations of the bus stops. He reported he also spoke with Ms. J'essictt Wilhoit from the Jaycees regarding the Jaycee benches and she has assured hire the City will have upgraded benches in the near firture. He reviewed a photogr:~ph of the benches. Mr. Jackson reported he had forwarded, to the Commission a letter from Mr. J. Kevin Grace that he has withdrawn his name from the City Administrator's position. The Commission is now faced with the requirement of having to come up with. an alternative. He said that according to the Charter "If no satisfactory candidate is selected by the City Comrriission, then the Committee shall select new candidates for the Commission's review." :He stated at last count they had six candidates and had categorized one through three with Mr. Kevin Grace first, Mr. ~ Ron McLemore second, and Mr. Charlc;s Saddler third. They had made an offer to Mr. Grace and he has withdrawn. He said if the second and third candidates in CC 04-06-09/245 were not suitable to them, they would then need to redirect the Range Riders to produce another list of candidates for review. ~ u Mayor Sackett said there was another part of the Charter regarding the appointment. of the Acting City Administrator that was time specific. Mr. Jackson said it was for no greater than 120 days. Ms. Roper advised there was nothing that stated you could not reappoint him. Commissioner Bundy said at the meeting where they ranked the top three candidates, they had stated they were going to offer the contract to Mr. Grace only, and if they could not come to terms they would go back to the Range Riders. Ms. Roper said she spoke with Mr. Roper and that was his recollection. I=Ie feels they would have to provide more selections and the second and third choices can be on the list, but they will need to go through that process again. Commissioner Bundy said they have already rejected those on the prior list, so he would suggest they not be included. Deputy Mayor Maingot said they had questions regarding the Range Riders knowing the candidates and could they form a new Committee. Mayor Sackett said the Charter requires going back to the Committee. Commissioner Bundy said this was an area they need to consider for a Charter amendment. Ms. Powell said there were two from the Range Riders that reviewed the City's resumes. She stated the Range Riders was a large group and they could send them to more than just those two. She said the Commission could say they wanted to send them to a different group of Range Riders. Mayor Sackett said the direction to the City Clerk would be to go through this group and ask for a circle of four different people. Ms. Mirus advised there are different individuals listed on the Range Riders that could review our restunes. Her concern would be to send them to them individually to review and send back their listing with someone to compile their listing of the ten candidates. She said if they meet, it would have to be in the Stuishine. Ms. Powell said you typically go to the group closest to you. She stated they could go to the next district and have them review. Commissioner Bundy said to go outside the district. ~ CC 04-06-09/246 Ms. Mirus reiterated to submit them ~to four individuals that are on the Range ~ Rider. s. Mayor Sackett said lie didn't necessarily say :four he just wants a different audience. Ms. Minis said the instruction vas to have them disclose their relationship. She inquired if they were to review all eighty-six applications. Commissioner Bundy said to eliminate the names already submitted. Ms. Roper said she wasn't sure they could omit these and not have them reviewed. Ms. Mirus said once she received direction from the Attorney they would proceed :forward. Mayor Sackett said it states "new candidates" so he thinks this refers to all eight- six applicants they previously reviewe;d. Ms. Roper said that was correct, if they reviewed all eighty-six, then new candidates are ones that apply from hexe out. She stated they needed a definition, that either of them could be right. She said if there was not an explanation or ~ definition, then it would be the Comm.ission's decision as to what "new" means. Commissioner Bundy moved to instnict the Clerk to request an additional list, excluding the eleven names they already reviewed, unless the Attorney can find justification not to do that. Discussion was held whether to advei-I:ise and accept new applicants. Commissioner Blmdy said he felt there were tY~ree potential candidates he felt would have been good fits that they did not pick. Mr. Jackson said they know they have a bulk of resumes left. He stated if you post it again, there is a cost to do that publication. F[e said the two screeners sent who they perceived to be their top ten. He would consider they give these a chance and if not satisfied, then go out to republication. Commissioner Durso said he had some: general concerns with the ~vay the whole process started to begin with.l-le stated he remembers being told they could reject names or add names to the list. He declared they needed to slow down and think the process through as the decision they are going to be making will have a long term al:fect on the City. He does not have an objection of looking at the next ten candidates, or with starting over again. He said he was willing to hear what the ~ consensus of the Commission :is; but hc, is more apt to start over and do it right this time. CC 04-06••09/247 Mayor Sackett said they have a proposal to move it back to Range Riders with the applications they have, minus the original group. ~ Commissioner Bundy said since they were going to go to new individuals from the Range Riders, just eliminate Mr. Grace from the list. Commissioner Durso said there were two things in this process they need to keep in mind. One is that they cannot do anything with the list sent to them. The second thing is that they made a tremendous mistake by setting perimeters for a contract prior to having a candidate to offer a contract to. He stated they need to be mindfiil of the fact that negotiation means that people sit down and have a conversation with offers and counter offers. He said they nm the risk of doing the "our way or the highway" type scenario and will lose more good candidates by doing that. He reiterated they need to be very cautious and they need to slow down. He stated they were talking about a career in a City that needs a strong Administrator and solid leader. Mayor Sackett said they have more direction and the summary would be to contact Range Riders to get a core group different than before, they will disclose anyone's name they bring forward to us, and the applications, minus Kevin Grace, will go to them. Mr. Jackson pointed out that the Charter requires going back to the same committee, so they will have to send them back to the same two that submitted the first ten candidates. ~ Commissioner Bundy said they have to do it this way and they cannot reopen it. Mayor Sackett said that changes their direction. It has to go back to the same two, but they still want the disclosure. Commissioner Bundy said he would be more in favor of once receiving the names, sending them a copy of the contract to see if they would be willing to work within these perimeters, leaving the salary blank. Mr. Jackson said that was going to be the last Item tinder his report. Since so much time was constuned in discussing an open negotiation on the contract, there were probably two things that were negotiable. He suggested leaving the percent of retirement and the salary for negotiation. Ms. Minis said they would send the seventy-five applicants back to them for review and they will provide a listing often with disclosure of their relationship with those individuals. Commissioner Bundy requested having an Agenda Item for discussion of Charter Amendments. ~J Commissioner Holt left the meeting at 10:48 p.m. and returned at 10:50 p.m. CC 04-06-09/248 11. MAYOR AND COMMISSIONEF:S' REPORT. District #2. Commissioner Durso thanked the Longwood Fire Department for allowing him to do aside along this weekend. District #3. Commissioner Holt said the new Blackadar Project had a large generator on the side of the building that at one time was hidden by vegetation, but no longer is. He requested the Acting Administrator look into this matter. District #4. Commissioner Bundy said he spoke with the Acting City Administrator and the people in Lon€;wood Club were concerned about the construction of the new office building on Rangeline Road. In order to access the lift station that is within the Longwood Club proper, they had to have some trees removed. They have replanted some trees, but all of the vegetation was removed and they were not happy. He stated the developer complied with all of the City's requests. He said the residents were not happy and wanted the developer to do more. Mr. Jackson reported the problem was that the property the developer came across on the. easement was not his property. He replaced the vegetation that was removed. The property is not owned by the homeowner's association, it was an aesthetic matter. The homeowner's association had planted a series of holly trees on this property that is a third party's property. He said there was no stnictured wall around the Longwood Club's property and it was left to :natural vegetation. Commiissioner Bundy said he was not requesting any action, he had just requested the Administrator to look into the matter. He wanted to make the Commission . aware of the situation and said in six months the vegetation will be back to where it was. District #5. Mayor Sackett said there was a Proclamation presented to Crooms Academy for their technology and there; were two other Mayors present. He stated. it was a wonderfiil school. He reported the final statistics were in for Relay for Life and they were close to realizing their goal. He said the Easter Egg Hunt was a wonderful event this past weekend and it was the best organization of this activity he had ever seen. He said Mr. Brown had expressed concerns to him regarding the ball fields and these have been relayed to the Administrator. He discussed several businesses that had moved from the City. He inquired how many massage parlors and spas they hack. in the. City. Mr. Jackson advised they had five and they put two out of business. He said others have been put on notice. District #1. Deputy Mayor Maingot reported he attended the Tri-County League. of Cities hosted by Lake Mary. He attended the Economic Stimulus Workshop on ~ March 30th in Orlando. He reported that 1ongwood hosted the CALNO meeting ~ on April 1St, and Mr. Spinella dic(a presentation on the .Longwood SunRail Station. He complimented Ms. 1\%tirus ane( her staff for making the arrangements. CC 04-06-0~?/249 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. Ms. Minis reported that Longwood Elementary has requested the Commission come by on May 29th to speak to the children on government day. She.will send this information to the Commission. She inquired if the Commission wanted to review the whole Charter at a future Commission meeting. Commissioner Bundy said they did not need to review the whole Charter, but to open it to any suggested Charter amendments. Ms. Minis said her only concern, if the Commission decides to go with a referendum this year, is the ,Supervisor of Elections has told them that. they would have to do the referendum in both English. and Spanish. She stated she did not agree to that, because it is not effective until 2011, but he has proposed that. Commissioner Durso said the United States Department of Justice was involved in that. Ms. Minis said there has been an opening recently for the Central East District Director position for the Florida Association of City Clerks and she would need the Commission's approval in order to apply for the position. She stated she would like to apply for the position and does not see it taking any more time that i what she does on a day-to-day basis. She said the D metme t ngsphe would have ~ for the City Clerks in the area and there would to attend. However, she does attend the regular Board meetings so there would not be any additional responsibilities that would take away. She ,advised a letter would need to be submitted to the FACC. It was: the consensus of the Commission to approve Ms.1Vlrus submitting her name for this position. 14. ADJOURN. Mayor Sackett adjourned the meetin at 11:16 p.m. C/=~. 4 rian D. Sackett ayor ATTESZ Sarah M. Mi'rus, CMC, MBA City Clerk 1 CC 04-06-09/250