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CCMtg07-17-06MinLOIeIG~'VOOD CITY COIVIMI~~ION Longwood City Coinm.issiori~ Chambers 175 Nest Vvarr~~n Avenue Longwood, hlorida MID~tUT:ES J~JL'S' 17, .2006 7:00 P.rV~. Presen#: Mayor John C. Maingot ,Deputy Mayor lean Anderson Commissioner Mike. I-Iolt Commissioner H.G. "But<:h" Birndy, Jr. Commissioner Brian D. Sackett: Richard S. Taylor, Jr., City .Attorney John J. Drago, CityAdministra.tor _ . Sarah M. Minus, City Cllerk . , . Tom Smith, Division Manager i~f Streets/Fleet Don Castner, Fire Marshal Tom Jackson, Police Chief Pat Miller, Directox' of Com~mu~nity Services Ryan Spinella, Executive Assistant ~ , Fran Meli, Recreation 1'n~gram~s Manager , Carol Rogers, Darecto~ of FinaYtcial Services Lt. Leonard Turner,. Training. Off cer Paul Sizemore, Community Services. Coordinator . 1. CALL TO ORDER .Mayor Mairngcat:c~~lled the meetingao order at 7:02 p.m. 2. A moment of SILENT MEDIT:ATIO~N was: follmwed by the. ]PLEDG]E OF ALIGEGIANCE. 3. COMMUldITY. ANPTOlUNCEMI~:NTS„ The following-. announcements were .. . made: ~ ~ ~ .. A. ,SeniorMatunee will be helld on .Tuly 19, 2006 firom 11:OO,a.rn. until 1:00 p.m,,. Longwood Communiity Building, 200 Nest Warren .Avenue... This month's .feature its Family Stone: B. )Family Movie Night will be held on July 20 end July. 27, 200E from . 7:00 p.m. unti1.9:00 p.m., Longwood. Community Building, 200 'West -Warren Avenue. 4. RECOGNI~'IONS. ~ . .. ," .. A. District #1 Presentation of the: Business Person of the 1Vlonth Award ~- .for Juiy 2006. to Dominick F. C.~vone of Cavbne Inc., located at 300 South Ronald Reagan Boulevard. CC 0T-17-0~5/l77 Mayor'Maingot recognized Dbinmick F Cavone of Cavone, Inc. as . Business Person of~the Month for July 2046. He read a brief biography on Mr. Cavone and presenited him with the Business Person of the Month Award. Photographs were tleri taken. B. District #2 Nomination of the Business Person of the Month Award for August 2006. Deputy Mayor Anderson deferred the nomination. 5. BOARD APPOINTMENTS. A. District #3 Nomination to the, Board'. of Adjustment.' Commissioner Holt deferred the nomination: B. District #4 Nomination to the Parks'and Recreation Advisory Board. Commissioner Bundy noriinated Jim:Hunter, Sr.; :320 Bonnie Trail, for reappointment to.the Parks and Recreation, Advisory'Board:'Nomination carried by a unanimous voice vote: ' '. ' 6. PUBLIC INPUT. ' ' A. Presentations. Fi"re Protection Flow Analysis by Ron Ferland of Barnes, Ferland and Associates, Inc: "" ~ ' ' Mr. Drago said during file .non7al review process for buildings, it was brought to Mr. Castner's attention that the City's water system relative to hydraulics couldn't meet the system design of some of the°private sprinkler protection companies. He stated Mr. Ferland had been requested to do an in-depth analysis~and present his fuldings.`He said the sprinkler companies were to design to the City's hydraulics rather than the City meeting their standards. ~ ~ ~ ~ ~ ~ ~ ~ ~~ Ron Ferland. 25.00 Lake Shore Drive, Principal of Barnes, Ferland and Associates; Inc.; stated-they looked at the problem more from a'historieal prospective~as well as a hydraulic prospective. He advised that back'in the ~~ ~ ~ ~ 20:03 time' frame tfie 'Cty~was withdrawirig more water than' their consumptive use permit 'allowed: One of the' corisenvatioritechniques, widely used in the 'industry, was to lower the'~water plant pressure. He said this had an unanticipated consequence in that. prior to lowering the water - ~ ~'~ pressure,'all of the new facilities, predominantly at the'Fldrda Central C,omtnerce Park, recorded'pressures that were~higlier; and the sprinkler systems were designed in accordance to the pressures existing at that time. He stated when the pressures v~~,~~ reduced to affect conservation and reduce the ground water wnthc~~r~v{~~~s, then the spririkler'systems that were `~ ' installed would not operate e~f~~~~tv~l'y since tliey~did not have sufficient ~'" system pressure. This left- sey„~I~.T alternatives, one,~alternative would be ~ that each of the existing sysffe~s'-would have`to retrofit Booster pump CC 07~-17=X6/178 stations at the individual building;. Another alternative tivas far the City to increase their system pressure of 1:he water leaving the water plant to see if this would help in achieving the nunimal pressures the sprinkler system design required. ~He said the pressure was'raised and the. fire hydrants that were not meeting the desired conditions were retested. There was sufficient flow, static,pressLCres, and sufficient.residual pressures so the systems worked adequately without retrofitting boaster pump stations. He .stated the main concern wa.~; whethex they would exeeed.the:consumptive use permit. again by increasing the withdrawals. from the ground water. He advised this was being monitored on an ongoing basis. He suggestecl the City consider:taking.mto .account the value and benefit.being provided to commercial customers when desi3;ning commercial water use rates. , Mayor Ma.ingot.inquired if he capae across any booster installations within the City of Longwood.: Mr. Ferland stated no municipal water system would affectively meet the high sprinkler requirements of lazge facilities such as the UPS facility. Discussion was.heid regarding water pressure and.consumption. Mr. Drago stated the Water Management District cannot dictate fire flows. He said there was some basis here; in~proteeting the public relative to the buildings with.sprinkler systems. He inquired if the City needed to send any letters to the sprinkler designers in regards to -the. specifications. Mr..~Ferland advised.the specifications for.the sprinkler systems were set by the State I;aw. He cautioned~tliat if the City states they are going to be ~praviding a minimum pressure for the effectiveness.ofthgi sprinkler systems,. then the City is taking ors a responsibility .not normally accepted by municipal water systems. He Mated municipal water systems, as a rule, do not guarantee pressure because, of the variety of pressures throughout their service area. He suggested the City wQUld.not want to be in the position of stating a minimiun pressure above the legally mandated minimum pressure of 20 psi due 1:o the liability. ~.. Commissioner Bundy suggested i:he City's policy should be, that they will do what they can to help accommodate, however, there are no.guarantees on the pressure. He stated vve do Sneed to keep check on our consumption. Commissioner Halt inquired about the consumption if the sprinkler systems were not drawing from the water supply. Mr: Ferland explained the pressure would equalize if there vvas no flow, - ~ ~He stated the .increase in pressure would be to everyone. Commissioner Holt asked if they were finding any problems. CC 01-17=0~6/I79 Mr. Drago stated nothing maj or. had been found: .. . 1VIr: Taylor inquired if sprinkler ~systenis could• be designed to work as well ~ without •booster pumps at 50 psi as they would work at .65 psi. . ' - Mr. Castner said the systems that-were designed 6-7 years ago at 65 psi have lost their ability to adequately.function so they would have to put in a 'booster .pump at this time. He stated these. were existing systems.. He said it would be possible'.for the: smaller new systems .to operate on 50 psi. 1VIr -Ferland advised it would require large sprinkler pipes in order to operate on a lower pressure. • ~.. Commissioner Sackett inquired as to how,the publicwas being educated that they were using more water at a higher :pressure. . ~ Mr. Ferland advised there was: a condition in the consurriptive use permit that requires' effectively implementing,..managing; and administering a water conservation program. One aspect of this was to educate the public . on .water use. He suggested :billing inserts;radio or television advertisements to let people know. -Deputy Mayor: Anderson inquired if pressure regulators could be placed on large consumers of water or if,homeowners..could set valves at a ' :. specified~.pressure; ~. , ~ ::: ~ ~ `. • ~ Mr: Ferland did not recommend a pressure.regulator on the. main line to - - - ~~ . any customer giving them the ability. to adjust.. He advised commercial .•~.. ~consunaershave.a~built in-pressure reducing.device in the back flow .. preventor. He reiterated strongly recommending :against. giving any .. ~.... .. .::.;numbers. ; .. ,. , .. .. .. p ~ . B. ~ Public.Participation. None.: 7. CITY ADMINISTRATOR'SREPORT: ~ - :Mr. Drago requested-the: City Commission, set August 28, 2006 as a Special Meeting for.the purpose'of assessment ordinances. It was the consensus of the City Commission to set August 28, 2006 as a Special Meeting:... .. - .. Mr. Drago said the City's Summer Camp normally runs for eight (8) weeks. He stated due to the timeframe being changed with school.starting ater would the Commission desire to add four. (4) weeks to:Summer Camp or~keep it the same. He advised the total cost of adding four (4) was $27,200. 1 CC 07-17=06/180. Commissioner Bundy said the new law was that they could::not start-any.e:.arlier ~ than two (2) weeks prior to Labor Day. .Commissioner Sackett advised next: summer school would be ending May 24~' and not returning until August 20~': He suggested keeping Surnmer,Camp the way t.is, but start it later to.center it during thy, summer. ... .. Ms. Meli said she was concerned this world .be an issue for parents. She, stated the Recreational Program also provides a childcare service. She said .theycurrently do not do.S.ummer Camp the week after schc-ol letsout, nor do, they.hold it the week before school starts due to holding is at a school. Mayor Maingot. said following the recommendations of Commissioner Sackett they should leave Summer Camp at eight (8) weeks. Mr. Drago distributed a spreadsheet on trees throughout the Historic District that need removal. He said an arborist has been going through the area. checking the trees. He stated the ones on the~list:before them, were:critcal to being removed and he would beproviding a future list. He inquired ifthe Commission would be ~, amenable for the City.to remove the five ~(5), trees presented on the spreadsheet. Commissioner Holt inquired fthis exclwied the.trees that were .taken care of on Church. ~ . ~ .. ~ Mi. Drago responded in the affirmative.. ~ ~ ~ ~. Mayor Maingot said there were more trees than listed that needed to be: looked . into as_far as trimming of dead branches: ~ .. Mr. Drago stated he:did not:addahe: trimming to the list. He instructed Ms..Renfro if any trees needed dead branches trimmed to go~ahead and do so. He knew there was concern with removing trees in the Historic .District: He, stated, even. though Arbor Park was not in the District, there could be some potential problems due to children and parents in this area. Deputy Mayor Anderson suggested.. negoNiating a discount with other trees being added. ~ ~ ~ ~ .... ~ - ... Mr. Drago advised a tree company had,b~,en signed with through a bid: process ahrough FEIVIA due to situations like this and the price was already negotiated. Commissioner.Holt asked if the. tree by the Golf Cart Business ori, West Warren was on this list. He inquired if these trees were on City property or private .property.: ~ ~ .. ~ . 1VIr. Drago advised the trees before them was on City property. He statedahe other issue was an ongoing code violation. CC 07-17-OES/181 Discussion. was held regarding replacement trees. .. It was the concurrence of the Commission for the tree removal as presented. ~ Mr. Drago said the City has been working diligently for several: yeazs toward this and announced there was a signed contract for the sale of Pic'n Save..He advised the closing should take place in 4-6 months. The developer's name that. purchased. the property is not known, but it is known he.has hired a commercial archi#ectural firm to look at the building and they were in the process of working with 2-4 retailers. Hestated as more information becomes available, it will be passed .along to the City Commission. 8. Commissioner Sackett saidthis was a step in the right direction. Mr. Drago reiterated, the City does not. know what the developer plans to put in this area. MAYOR AND COMMISSIONERS' REPORT. District #5.. Commissioner Sackett reported he received a call from the Principal of Lyman High School and they will be meeting tomorrow at 1:00 p.m: on the pool. He advised there would be a presentation from a pool company with more - specific details. He stated he appreciated everyone's presence at the recent Woodland's meetings. He said there was no agenda, it was an informational meeting for the Woodland's and the next step. would be up to the people of the Woodland's to come forwazd if they want seniices or involvement of the City. He ~ stated he and the Mayor attended the Joint City and County meeting and he was concerned regarding the write up in the paper the next day concerning consolidation of services. He said Mayor Maingot went. on record at the beginning of the meeting to state we were not in favor of consolidation. He stated other cities'came forward and stated the same thing: He said the reporter did not:report on the outcome of the meeting: He stated the outcome was that a survey .of the services would be welcomed and would use what. information they can from the survey to make our services better. Commissioner Sackett offered praise to Chief Jackson for working on the " 2's" graffiti being placed azound town: He stated the backside of Sleepy Hollow has come forward asking to participate in the Neighborhood Improvement Project: He distributed a design they passed along that they would like to see. as an entranceway.. He said they would like to be budgeted into the .niore:recent process. He stated they would like to see twa.small entranceway~features and something done at the entranceway to the park where they would deed over that land to the City; and'the park would remain the ownership of Sleepy.Hollow. Mayor Maingot advised the City Administrator had been in contact with the Chair oftheir Homeowner Association and confirmed we would move forward with the project. . CC 07-T7-06/1$2 ~~ I._ (~ Mr. Drago advisedthe projectwas~notth~~ entrance off of State-Road 434; butwas towards the back as well as the entrance to the park. - ~ , Commissioner Sackett said there had been an.article recently on silencing the trains. He stated he had received multiple•~ calls. regarding the trains at-night. Mr. Taylor stated in Winter Park they were going to place horns at the crossings and channel the noise at the crossings only. Mr. Drago said to keep in mind with the ~~ommuter rail comes in there :would be less CSX trains on the tracks. Commissioner Bundy said he spoke with people regarding this at one.o£the. Florida League of Cities Conferences and it was approximately $450,000 per crossing. .. .. . ; . Commissioner Sackett announced t:hat~National.Night Out was on August.' 1St District #1. Mayor Maingot reported the: Wekiva River System Advisory Management, Committee met on Wednesday, July 12~' and they were .requesting. the Florida Department of:Environ}nental:Protection to secure funding•for three (3) properties within the Wekiva Basin to insure continued public access anal '~ environmental protection. The:three locations'are the Wekiva;Marina,-Kings Landing, and Wekiva Falls. He advised some of the counties were also contributing,. one being Lake County. He said they were. in the process of hiring a •consultant to work with the management team to develop a plan..to guide local, • state, and federal action ~contributir.~g.to the ;designation of the Wekiva River as a wild and scenic. river:: ~ • ' • ~ ~ ~ ~ ' Mayor Maingot congratulated Chief Jackson and each member of the Longwood Police team and he read an article that appeared recently in the Orlando.!Sentinel -regarding Longwood •having •a decline in.crime. He thanked the police• officer - ~ families. for.putting-up with the •long hours. .. Mayor Maingot reported the Hero's Memorial was moving forward. to completion and will be done by September. 9~'.:He stated we should avail: ourselves of every opportunity to .invite the public at large and the people. of the City of Longwood to partake in recognition of our.heroes. Ike ;requested the.concurrence ofahe Commission to have the City Admnistrz~tor to proceed with planning'to hold a program on Saturday, September 9~`. Commissioner Bundy said he would not want •anything as elaborate as they held last year, just a small ceremony includin;; the school children. He said it has already been dedicated. ~ - ~ • Commissioner Holt stated he wears a pin on'his lapel that says "Never.Forget". He expressed concern-with theaime constraints and:weather='hindering -- CC 07=.17-06/183 constrwction as well as being, able to put together something bythen. He also suggested something on a smaller scale involving some of the schools. Mayor:Maingot said. he had the assurances: of.the City Administrator that everything will be completed in time for .September 9~'. He stated whey were aware of the time constraints and it would be left up to those putting together a proposed program. Commissioner Sackett said he would not be available on September 9~' and he .suggested doing something.very simple on September 11th: . , Commissioner Bundy concurred holding something not so elaborate on the evening of September l l,tn. . Mayor Maingot said it would be difficult to have participation by the, community, the public at large, the military, and those they wish to invite to participate on a Monday evening. He stated he .preferred a Saturday morning when .everyone would have the time to plan to be there. Commissioner. Holt said we needed to~ set precedence to recognize September l l~n .on that day and people will come~out because. it.is in their heart. _ It was the 'concurrence of the Commission to plan the program. for September 1.1 ~'. Deputy Mayor Anderson said many of the themes touched upon in last year's ceremony are also the themes celebrated on Veteran's Day and Memorial. Day. He declared holding a mall ceremony~on September.l 1`n did not preclude having a ceremony on Veteran's or Memorial Day and the Monument would be an: . appropriate place for them to host those days as well. District #2. Deputy Mayor Anderson.said he was glad the Sleepy Hollow issue was being looked into and it was very important to show the neighborhoods the City is there to help them strengthen their neighborhoods: He~stated he saw the letter from the two children in Highland Hills regazding the park. He said he knew portions of the.park were .going to be reconfigured and inquired as. to when the community pazk in Highland Hills.fall on'the list. IVlayor.Maingot stated it would be done. when the project~azea was being completed. ~ . Deputy Mayor Anderson inquired if we should be obtaining the permits: the end of summer or early fall then start.construction.. Mr. Drago responded in the affirmative. .. Deputy Mayor Anderson~inquired about the letter written regarding Winsor . Manor and deeding the City property to the homeowner. ~ CC 07-17-0611.84 Mr. 'Taylor advised .they were worksng on the legalities and what was ;in the. best interest of the City. ~ . ~ s Deputy Mayor Anderson inquired about ~a memo to the Codes Enforcement Board that they cannot receive aheir~.packets an3rmore since it would violateex-pane communication. to have a packet before the meeting. He stated it was his understanding that the ex-parte reff;rred to communications that were not done within the Sunshine. Law and' available to both parties. He said an, agenda packet was a public record anyone could request. He declared it would be in the City's interest that they have that information v~rith which to familiarize themselves prior to the meeting. Mr. Taylor stated he was not at the seminar where this came up. He said all of the Codes Enforcement Board members.attended the'seminar. He stated he wanted to find out if this was.. just somebody's interpretation or. an actual authority that put down this opinion: -He advised if.this wa;~ what everyone was doing, .they should follow that course :until feeling eomfortal'~le with doing something different. Mayor Maingot said it was .important for those serving on the Board toprepare prior to coming to the meeting. He requested the City Attorney ascertain, the authority.of this ruling. District #3. Commissioner Holt rE,cogrvzed Jeanne.Morris, Seminole.County School Board Member. He stated he had also been contacted. by residents from Sleepy Hollow. He said the Commission had received a letter from Officer Herb Stewartson.regarding.a`CERT Prol,~ram.:EIe encouraged each Commissioner to take this program ser7ously and contact Officer $tewartson with any. questions. He thanked the Police Chief, but also wanted to thank the Public Works Division and all the other Department:Heads and empaoyees of the'City.for going: above.~and beyond. He said they touched on the CornmuterRail and the Sound Suppression system at railway crossings and reiterated how expensive this system was.. District #4, Commissioner Bundy congratulated the Police Chief.on the:recent report and an outstanding job. He :>tated each Election Year the Seminole . Regional Chamber of Commerce has their Hab Knob where they invite the candidates. This year it will be held on ~~ugust 17a' and they are inviting the cities . to purchase a table for $'100 and this.get:; a ticket for admission and provides a table where the cities can place. lite;rature~ about their .community on the tables. He declared it was a. good opportunity to provide information about our City. It was the consensus of the Conlm:ission to purchase a table. Commissioner Bundy said the bus bencries were aupposed to have been improved once the contract was signed.. He stated they-were not policing the benches, there is trash all around them. He affirmed sta:Ef needed to send there notice and inquire .where the rrew.~benches and~receptacles were. He reported~ther-e were~:no parking ~,,, signs on Grarit.Street at the:entrance ®f tike cemetery~.and~.the Police Department has done a good job of enforcing this, but people continue to park there. He CC 0'~-17-06/185 suggested, with the improvements, incorporating a barrier to prevent parking in that area. Commissioner Bundy stated they had received copies of the letter to the Mayor regarding the annexation issue coming up. He suggested rescheduling am . Executive Session unless the annexation issue was being postponed. Mayor Maingot stated upon the advice of~the:City Attorney and City = . Administrator they should have 'an Executive Session to discuss litigation matters: Commissioner Bundy inquired if there was a settlement. offer on the table for the litigation. Mr. Taylor stated the original settlement offer was withdrawn: He advised that Mr. Roper has made it clear`-in a multitude of correspondence concerning this matter that there is the matter being dealt with in litigation; and`there are other matters :such as this annexation which have absolutely nothing to do with the litigation and should not be combined. He recommended they either grant the annexation or deny it tonight and it not be continued based upon the ongoing litigation. r Deputy Mayor Anderson inquired if it was the applicant's intention to remove the annexation if the pity does not settle; then would that-be a withdrawal. of the application to annex. ~ . Mr. Taylor advised the applicant has the right to withdraw the annexation prior to any action taken by the Commission. Mayor. Maingot said the annexation could be tabled to a date certain or it could be denied ox approved. He inquired.if they could consider it in the light of the letter dated July 17~'. ~ . , Mr. Taylor advised it was still on ahe -table and the Commission needed to .decide first whether to continue. It was his recommendation not~to continue since.it is tied to a settlement offer: Commissioner Bundy: reiterated his question was whether the Commission was going to entertain the applicant's request to postpone.: He said there were issues he would like to discuss. He stated this could be discussed under his report, but he said it could be discussed at an Executive Session. regarding the settlement offer. Mayor Maingot stated he did not think it was appropriate at this time to hold the discussion. He said in terms ofthe actual agenda item, whether.to.postpone~or take action on it will be discussed:when it comes before them as the agenda.item. Mr. Taylor said the Commission desired to hold an Executive Session to .discuss strategy with Mr. Roper, then it would be appropriate .to. schedule one: J J ~I CC ~07-17-06/1.86 It was the :consensus of the Commission to schedule an Executive Session on July ,~ 315` at 7:00 p.m. with a backup date oi~.August,l4th ~' Commissioner Bundy said_the applicant vas in the audience this evezung and suggested asking him.if he was willing to extend.the settlement offer until after the Executive Session. ~ . . .. ~ Michael Towers, 754 Fleet Financial Court, stated he would be willing to extend the settlement offer until the Comrr~issior.~ could meet in an Executive Session. 9. CONSENT AGENDA..- ... - - ~ ~ . A.. Approve Minutes of June 19, 2006 Regular:IVIeeting. . B.Finance Diivision.of the Fuaancisil Services Depa~ment.recommends payment of approved and. estimated bills for August 2006. C. Finance Division of the ]Fvnancial Services Department recommends approval of the Monthly )r"inanriial.Report for June 2006. D. The.,Recreation Division of-the ~~ommunity~.3ervices Department recommends the City Commissiion. approve,the;annual agreeffient between the City and Longwood Babe Ruth League of Seminole .County,.Inc. for use of the: City base6all:fields. ~ E. The Community Development Division of~the,Community Services Department recommends the City Commission approve a final change order. in the amount, of $121,11]i.30 to Central. Florida Environmental, Inc. for the East Bay Avenue Road Improvements Project. F.:.. .City,, Administrator.recomianendls,the.Ciity. Commission approve a .. .: .: . , ... <.. purchase order in: the:amount o~f $28,500.00 to ,from; Engineering,and . ~ Construction:Services, Inc. for,;repair of ;the. iinterior and exterior of the 3 ground storage water:tanlcs and. authorize. 4he .City Administrator to siign all :appropriate documents. Commissioner Holt mdved to approve the Consent.Agenda, as presented, Items 9 ~~-F. S~,conded by Commissioner Bundy. Discussion was held regarding Itc;m 9 D. . Mr. Taylor inquired if modifications to Reiter Park would.affect the ability . to use the ball fields: Mr. Drago advised the ball fields would not betaken down until sometime after October lam. They.will~ contuiue to be used until then. ~ Mr. Taylor said it needed to be made very clear to them they may not have the use of Reiter Park. CC 01-17-06/1.87 Commissioner Bundy suggested the language be changed to state "The _ league shall offer the programs at Caridyland Park and at other'designated City owned or controlled. facilities". He said this would take care ofReiter Park being designated until the fields go away. Ms. Meli advised Mr. Brown knew Reiter Park was going away. She stated there were two new fields built at Candyland Park where the practice fields were. She said they could take Reiter Pazk out if that better clarifies. Deputy Mayor Anderson suggested just striking Reiter Park and leaving the rest of the language, ~ . Mr.Taylor advised on page=3; 13:0 General Liability Insuzance, third line, following "because of bodily injury or death" adding in "and all other standard liability coverage". He said there could be other claims besides ` ' bodily injury or death: He-stated in checking online, there was no such corporation as'I:ongwood Babe Ruth of'Seminole; Ixic: There was a nonprofit corporation that Warren Brown is President. of called Longwood °~ 'Babe Ruth Baseball-League df'Seminole County, Ina He afFirmed this should be changed to`the ~correct~ name: Deputy 1Vlayor Anderson moved ~to-modify the'contract in 9 D as recommended by the Attorney. Seconded by Commissioner Holt 'and carried by a~ unanimous roll-call vote: ~ '-~ ..z - ., .. ~. ~ .... .~~ ~Uriginal~motion carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. ~ ~ 'The Community Development Division of the Community Services Department recommends the City Commission read by title only and approve Ordinance No.~06-178' to ~annez (~~,NX O1-06) the property located at 131 Longwood Hills Road. ~ . Mr. Taylor announced having proof of publication for this an all public .hearings on the agenda. He then read Ordinance No. 06-1787 by title only. Mayor Maingot opened the public hearing.. The following spoke in favor of the Ordinance: Michael Towers, 7S4 Fleet Financial Court; stated he has requested a postponement for annexation. He said if the postponement is not approved the application .for annexation would be withdrawn. No one~spoke in opposition o the Ordinance. CC 07-17-06/188 . ~ Mr. Taylor advised, prior to any discussion,ahe:.Commissionshould ~. consider whether the matter was going to be:continued since •the applicant has requested postponement. . ~ - 'Commissioner Holt .moved to-close :the public'.hearing. Seconded :. by. Commissioner Sackett.and carried by a~unanimous voice vote. Mayor Maingot moved.to table.to the August 21S` City Commission meeting. Seconded by Commissioner.Bundy. Deputy -Mayor Anderson stated they should either move forward with this, or as the applicant las requested,~postpone-it at~this time. When the applicant wants to: annex into the. City. they .can' place it on an agenda at that time. He said to table this item, pending an unrelated matter, was inappropriate. He declared~~tlhis item: stands on its own and has nothing to do with any other issue in the .City. 1Vlr: Taylor stated.Deputy Mayor ~~nderson.was exactly on point with his comments. Mayor Maingot inquired if they rraoved ahead in tabling this item would they be in violation of any law. Mr. Taylor advised they.would not be in violation of any law. Discussion was held regarding act ions the Commission could follow regarding the annexation.. ,: ~ •• : -~ ~~: ~ =: • • ~ s.Motion carried:by a three/Nwo~ roll call .vote .with .Deputy Mayor .- ~ • : Anderson'and Commissioner.Holt~voting nay:. : •. ...: ..;~:.. .. ~ :: ... .. .....t ... ~ .. -Y"B.--^~ ~Fire~Department recoinm~nds'the City Commission°.read:by title only and adopt Ordinance No. 06=1S~D6 amending; Section 2=423, Paragraph 4, Subsection A-F of the City Code amending the ambulance transport fees. Mr. Taylor read Ordinance No. UEi-1806 by title only. Mayor Maingot opened the public; hearing. No one spoke in favor or in opposition fo the Ordinance.. Commissioner Sackett moved to close the public hearing: Seconded by Comrnssioner:Holt and carried by a unanimous voice vote. .. .. Mr. Drago advised a recommendation from the Fire Chief relative to ~.- making automatic Medicare; adju:,tments was inserted. He stated it was not the City's intent to charge more than Medicare would allow. CC 07=17-06/189 Discussion was held regarding coverage by Medicaid and Medicare for ambulance transport fees. ,~ Mr. Drago stated they would recommend amending the Ordinance to provide for the automatic" adjustment for Medicare and Medicaid rates. If the Commission were to entertain this, it would state after the word Medicare; "and Medicaid, if applicable, and hence forth, charges for these services will automatically adjust to coincide with Medicaid andJor Medicare approved rates. '.' ." Commissioner Holt moved to adopt.Qrdinance No. Ob-1806 as presented with the addendum of. Medicaid in the. language of Item 10 B. Seconded by. Commissioner Bundy. ~ . Motion was withdrawn by Commissioner Holt and econded was withdrawn by Commissioner Bundy.. Deputy Mayor Anderson moved :to approve Ordinance 06-1806. Seconded by Commissioner Holt. Discussion ensued. Commissioner Holt moved to amend the motion to add the ~ language as presented by the Admiiustrator. Seconded by ~ I Commissioner Bundy and carried by a unanimous roll call vote. I Main motion carried by a unanimous roll :call, vote. C. The Community Development Division of the" Community Services Department recommends the City Commission.read by title only, set Angust'7, 2006 as the second Public Hearing date, and approve the - 'first reading of Ordinance:lvo.. 06-1800 to amend' (LDCA 03-06) the . - :: ~ `' Longwood Development Code: Mr. Taylor read Ordinance No. 06-1800 by title, only. Mayor Maingot .opened the public hearing: The following spoke in favor to the Ordinance: Christian Engles. 161$ Cherrywood Lane,' stated he .was in favor of Item 10 C. - ~ . No one spoke in opposition-to the Ordinance. Commissioner Sackett moved to close the public hearing. Seconded by Deputy Mayor~Anderson and carried by a unanimous voice vote.. ~ .J CC 07-17-06/190.. Deputy Mayor~Ande;rsun moved taapprove the first reading of ~ Ordinance 06-1800 and se.t August 7,.2006 as the second public hearing date. Seconded by Commissioner Sackett. Deputy Mayor Anderson stated he was unhappy with the changes being " made to permissible lot sizes. He inquired why they were capping the " ~ maximum size of a lot. He stated'the simplification for the minimum lot size may not~have"the desired effe;cts. He referenced Section 9 of the Ordinance regarding certain architectural styles. He referred to several " structures within the"City tl:{at would not work with this style. He said on page 10 that "....shall be enclosed by a six foot tall brick:" was not the right language. H'e discussed canopy structures,and required setbacks. Mr. Taylor said he had concerns about some of the. wording. Deputy Mayor Anderson said his concern was the definition~of surrounding neighborhoods and the possibility of tweaking those numbers. Mr. Drago suggested eliminating both "a"-and "b" to allow for larger lots. " Commissioner Bundy said ]~e~hoc! a problem with limiting the largest lot size. He said the smaller loi;s allo~~vs for the average area of a neighborhood. ~ ~ ~ ~ " ~--' e avera e area. of surroundin Discussion ensued regarding th g g neighborhoods for lot sizes. ~ . Mr. Sizemore stated this was set ~~xp so it would be the average of the surrounding neighborhood. Mr. Miller explained you v~~ould leave an area defined from which to draw - 'the average: The developer could nothave a lot,smaller than"the original sample of lots to compare t~o. Deputy Mayor Anderson said he accepted that explanation, but it was not clear bythe-grammar used:. Ike said the. calculations for Wildmere were not compatible to what the neighbors, desired: He discussed in-fill with no boundaries. " Mr. Taylor advised'the language did" need Borne tweaking for clarity or it 'could have`unattended consequences. Mr. Miller pointed out there were; alternative methods to achieve this other than the definition: He said they •~would come back with other.language. Discussion was held regarding architectural styles. ~ "" CC 0`,~=17-06/191 Mr. Drago stated they would re-evaluate the .language regarding architecture. ~ .. Commissioner Bundy expressed concern regarding the exterior brick requirements. Commissioner Bundy moved to extend the meeting. Seconded by Commissioner Sackett and carried, by a unanimous,voice vote. Cornmissiorier Sackett stated Victorian and brick do not seem to fit. Fie recommended deleting the brick requirement. . Mayor Maingot pointed out page 10, Section 3.2.5, Subsection 5, regarding brick wall canopies was another area of concern. Discussion~was; held regarding out buildings.. . Mr. Miller stated the language was drafted to meet hurricane and building codes for aluminum out buildings:.. ~ . Mr: Taylor suggested not allowing=canopy structures. Discussion was held regarding the number of canopies throughout the City and a means of regulation. '~ Commissioner Sackett inquired if the setback for outdoor.storage was not visible from the public right-of--way, why there is a requirement for the .: opaque cover:. ,, ~. . Discussion ensued regazding opaque cover for outdoor storage. , Mayor .Maingot referenced page 7, Section 5, and stated the. applicant has the right to appeal any ruling to the City Commission..He expressed concern with the final ruling being determined by the City Administrator. .Commissioner. Bundy suggested giving the Commission same flexibility .. ~ on various items. for. appeals:. - ~ - ~ . Mayor Maingot referenced page 10, Section C, where it states "Each building shall contain a variation in unit floor plans so that each unit is not a mirror unit of the adjacent unit." He inquired the.reasoning for: this wording. Mr. Sizemore. explained this section was new .to the Development Code. He said there were no design standazds addressing duplexes. This is the first attempt, to require developers to put. attention to architectural detail when constructing duplexes. ~ ` CC 07-17-06!192. Mr. Drago advised this woixld also apply, to townhomes.and infill ~ development. • . .~. ~. Mayor Maingot referred to page. a2,:Section 13, regarding number of parking spaces for.sngle family homes and duplexes. He stated this made it difficult to provide this number of parking spaces. Mr. Sizemore advised this was e~:fisting language Mayor Maingot referred to page :14, Section 17, regarding-window signs and the reduction :to 25% for wwindow signs. He~ said a number of properties would have problems ~~ith this. Mr. Sizemore stated this•w;~s due~to a conflict within•the Code where another area currently reads 25% and~they contradict one another. IDiscussion ensued.regarding regulations of window signs. Commissioner Sackett referred tc- page 15, .regarding ground signs and suggested. they not exceed.a heig)Zt of 12 feet. Mr. Drago stated he has requested Mr. Miller tb. bring a matrix of all the . } sign regulations relative to squarf;.footage, height of~poles; etc., and look at,a-model sign.ordinance.:. - .. Mayor Maingot referred to page 17, regarding businesses required to • replace blank sign faces or removing within 3.0 days. He inquired if 30 days was sufficient time •to have a new sign made.. . ~ Mr. Miller said the .idea was to have some limitation. ~ . . ~ Mr. Taylor pointed out the langu~~ge allows for blank covers over signs. Commissioner Bundy said he would like ao see a clause added that gives the Commission some flexibility without going through the public hearing, but excluding~it in areas where it is not desired. He said most of this was . applicable to non-residential properties..He inquired if everything was . ~ going to be subject to the color p,~lefte.and~to all .of the .Code. He stated it - was never his intention to subjecl:people.not on the corridors to more stringent design standards, including the• color palettes. Discussion•ensued: ~ . .: Commissioner Bundy stated he v~ould like more information at the next meeting. .. • . ~ .. 'Mr. Taylor said Section 8 can page 9, the last sentence concerning commercial or industrial development where-it states."Wall faces directed CC.O;'-17-06/193 towards the interior of~the property may be stucco over masonry, veneers, or alternative comparable material." He suggested it would be business friendly if adding any wall that faces directed towards the. interior, which 'are not visible from anyone except for the person that owns the property, that it would not require any particular finish. Mayor Maingot said he felt this would be lending to deteriorating standards. ~ ~ ~ . Mr. Taylor referenced page 12, at the bottom of the page in "D" regarding fences and said general fences now for front yards were 42 inches and not the 3-feet height. ~ . Commissioner Bundy said ifthis section.stated a maximum of 42 inches, then it would cover the industry. ~ . Motion carried by a four/one roll call vote with Cornznissioner Holt voting nay. Commissioner Holt left-the meeting at 10:42 p.m: and returned at 1.0:44 p.m. 11. ~ REGULAR BUSINESS. A. ~ The Recreation. Division of the Community. Services Department requests the City Commission discuss a partnership with Lyman High for recreational purposes and give_staff the direction deemed appropriate. Ms. Meli said Lyman High School gave a short presentation at the last Commission meeting on their desire to refurbish their field. They requested $1-0040U and the Commission:instructed staff to work out the -~°~~~- ~ ~ ~~ ~~~ details. She advised they were looking at a ten (10) year commitment between Longwood~and Lyman High School. She stated the. wording of the contract would be very much Ike the. last contract where they placed . basketball goals in the multipurpose facility. The Citywould have the ability. to use the athletic facilities when the school was. not using them. She said this would be weekends; evenings, summer, and holidays. She stated the City does not have the facilities required to have a full athletic program and recreation program and the school would provide the facilities to accomplish this. The. agreement would be between the City and the School Board. ~ ~ - . Frank Castillo, Principal of Lyman High School, stated the City had a five (5) year contractwith Lyman High School that was ending at this time. He said theywere looking to have the contract being the save as.it was with a few changes, including extending it to a ten (10) year contract. He stated the contract has been presented to his Executive Director and Superintendent and upon discussions at.this<meeting, they.will take it to ~ .the. School. Board: CC 07-17-06/194 Mayor Maingot inquired if the in~iestment by the City would be beneficial . , to the citizens. ~ = NIs. Meli responded imthe affirmative. - . . . ~ .. built .. .. ....... ~ .... . Deputy Mayor Anderson said he ~~as excited about this agreement and if the Recreation Manager was com:Portable with it; .gaining access to these facilities provides many op~~ortunities.: . ~ : °, ~ ~ . ~. Discussion was. held regardnng when the. facilities :would be available to the City. • .`. .Mayor Maingot.said he recalled a:pror contribution and it>was not ;~:. ~;. ~ honored:as agreed.::.:. ::.:: ~ :.... . ;:. ..... , . Ms. Meli advised with a phone call to the School Board those issues were resolved. She said they have operated the Summer Camp for two summers now with summer school gc~ing.o~i at the same time and it has been a smooth transition. She affirmed the City Attorney and the School Board Attorney would. be reviewing°the agreement: • . . Ms. Jeanne Morris, Chairman.of.the Seminole County School Board, stated the School Board was ernpliatic and enthusiastic .about looking at partnerships because they were all serving the same taxpayers. She said - the intention was to make multiple :uses°of the facilities .theaaxpayers have • ., _. ~s..... ... -Bill ~Co~el~, Lyman Football:Coach, said they. fit the, criteria for two grants they were applying for, one $50,000 matching: grant •from Nike, and a $200,000 matching grant from the; NFL. ~Mr: Drago inquired what would happen if the grants fail; Mr. Castillo -said they- were. looking :at.a continued relationship. He stated they would look for other finds ii'the grants fail. , Mr. Taylor advised covering; in the agreement.the~possbility of the funding not being obtained. Ms. Meli stated the investment by..the: City could go for maintenance. Deputy Mayor Anderson said this was a tremendous opportunity and implementation. details can be worked, out.. : - . ~ .. Mr. Drago recapped they: would need a letter of support and a letter committing in principle to the $1(-0,000 that would be required in October 2006. CC 07-17=06/195 Deputy Mayor Anderson moved to commit; in principle, $100,000 _ to the School Board in exchange for a negotiated agreement to co- ,~1 use the facilities at Lyman High School. Seconded by Commissioner Sackett acid carried by a unanimous roll call vote. B. City Administrator recommends .the City Commission read by title only, set August 7, 2006 as a public hearing. date, and. approve the first reading of Ordinance No. 06-1$08 amending the Fiscal Year 2005/06 budget. ~ . Mr. Taylor read Ordinance No. 05-1808 by title only. Deputy Mayor Anderson moved to approve. the first reading of Ordinance 06-180$ and set August 7, 2006 as a public hearing date. Seconded by Commissioner Holt and carried bya unanimous . roll call vote. C:. ~ City Administrator recommends the City Commission approve a tentative millage rate of $4.99 for the fiscal. year 2006/2007 budget and authorize the City Administrator to sign all appropriate documents.. . 'Deputy •Mayor Anderson moved to approve a tentative nullage rate of 4.99 for the fiscal: year 2006/2007 budget and authorize the City ~ Administrator to sign all appropriate documents. Seconded by ~ - ~ ~ ~ Commissioner Sackett and carried by a unanimous roll call vote. 1). City Administrator recommends the City Commission discuss installing fencing slang Mud Lake on Rangeline Road and give staff direction deemed appropriate. ~ .. - ~ - Deputy Mayor Anderson inquired if there was a $53,000 safety issue on Rangeline Road. He said :there was a' very, shallow slope into the water and it was very shallow for most of what is there. He stated he was not aware of an:incident.in that area of someone needingassistance. Commissioner Sackett stated a car went in at that area approximately twelve (12) .years. ago. - . Deputy Mayor Anderson said from a decorative standpoint it would be - nice to have the fence there, but it could be argued not to have a fence there because of the nature. Mayor Maingot said there was already difficulty in maintaining the excessive growth along this bank and if installing fencing, it would be next to impossible to provide maintenance.. CC 07-17=06/196. . .Commissioner Sackett advised he brought this up based on inquiry from ~ ... residents. He.stated $53,000°was not justified and pointed out there was a sidewalk on the other side Hof the street. Commissioner Bundy concurred, E. City Administrator recommends the City Com>Yaission read by title ... only and adopt Iesolution 1010. 06-1143 establishing city-wide Information Technology PoGci~~s and Procedures. .. Mr. Taylor read Resolution Na. (16-1143 by title only; :: ; , . ~ - Commissioner Bundy moved to approve:Resolution 06-1,1.43. Seconded by Commissioner Holt. ., . . ,. . : ~ c . ~ Mr. Taylor inquired,:whethc;r anyi>hing within;the Resolution would: violate or have;to be:approved by:~uiy-union contracts., He expressed concern regarding page 4.where it tallcs about acceptable uses and later;references ... . ~.. trivial amounts:-He•suggested.this•be defined. ~ t: ;. :. ~D.eputy Mayor Anderson said he agreed. with the: general. intent,of. this ~. policy. He stated~he had some.concerns. He suggested.where it-addresses all hardware purchase for use wa;~ to be specified and approved bythe Computer Services Division should be approved; but Departments should ~' be able to specify certain items tc~ be submitted for.approval. He referenced custom software: and stated the intent,~he believed, was that if was preferred to purchase standa~•d software components that were industry accepted. He said there were some cases where- a custom a~ftware .. ~ package could be modif ed,to the City's purpose. He~ stated the password . is what .protects ones. acces;~ to thi, system and expressed. concern requiring changes every 90 days.. He discussed concerns. regarding .the policy;.. limiting specific types of files and suggested it be stated more generic. He aaid the overall,intent~was correct: in.what the City was trying.to . ... .. accomplish. - Commissioner Sackett stated theSchool Board has a similar policy. He . inquired to the :chain of responsibility in monitoring the policy.. Mr. Drago said it would fol ow a chain of command, going to. a supervisor who :would make the Department Head awaxe. If if~is a.Department.Head :.abusing; then he:~would be.made z~ware..Ultimately,. the issue would;be . ~ referred to.the City Administrator:. ~ ~ . Commissioner Sackett. inquired if'there was an accidentalfactor. - IVIr. Dra o said if it can be demonstrated an accident and not done on g ~ ~ purpose, there is no harm. FIe stated the policy was flexible enough to allow for the accidental factor. - CC 07•-17-OEi/197 Deputy Mayor Anderson stated the content of the policy was what is expected of a professional: - Motion carried by a unanimous roll call vote. Mrs Drago said he would have Mr: Dunn and-Ms. Rogers meet with. Deputy Mayor Anderson to look at problem areas to-tweak the language and he would bring it back fors revision. ~ ~ ~ ~ - - 12. CITY ATTORNEY'S REPORT: No report. 13. CITY CLERK'S REPORT. Ms. Mires stated she had placed memorandums in the Commissioners' mailboxes regarding issues with the cemetery. She requested direction fxom the Commission regarding whether to allow Mr. Donovan to purchase the cemetery: lot at the remaining balance of $65 or apply this amount towazds. the.new rate: She stated on June 7, 2004 the Commission voted to place specific cemetery lots in Phase II back on the mazket for resale with the ability to place any deposits and payments made towards the purchase of a new lot at the current rater She advised the City did not have contact information for people on- these lots and legal notices were placed in the paper. . It was the consensus of the City Commission fo allow Mr. ~ Donovan to pay the balance on the cemetery lot,. Ms. Mires advised a letter had been sent to Ms:.Self and there was no response from her:prior to the Commission releasing the cemetery lot for resale. She. stated a double marker was recently discovered to' have been placed over the lot in question and the lot beside it. - It was the consensus of the Commission to contact Ms. Self by certified letter providing an opportunity to purchase the cemetery lot by paying. the balance due and provide thirty (30) days for her to respond. Ms. Mires reported the City recentlyliad an invoice for a'Second Place Paving Assessment returned with no forwarding address. In researching, it was discovered the property had changed ownership. She advised the original assessment was for $1,SU0. She said the current property ownerhas responded stating she was not aware of the .lien and inquiredif there was anything the Commission could do to help in this matter. She stated the owner contacted her title insurance who advised her she. was .not covered for the lien. She said the original property owner~had never paid on~the paving assessment and the amount had accrued to $2,151..12. Discussion ensued. ~ ~ ~ CC 07-17-06/198 Deputy Mayor Anderson said the point of having title insurance was for them saying they had done their due diligence and did not see any problems. He said if a problem comes up they are responsible. He suggested providing her with a copy of the recorded documents with a letter to assist her in taking the claim up with her title insurance company. Mr. Taylor stated the title company should pay the claim. It was. the consensus of the City Commission to provide the property owner with a copy of the recorded documents to assist her in filing a claim against her tittle company. 14. ADJOURN. Mayor Maingot adjourned the meeting at 11:56 p.m. , ATTEST: ~ ~/ (~ l ~,: Sarah M. MPUS, CMC ~ f - "' ' ~ ' ~ ' ~ ~ -- City Clerk ~ ~ i ~~ got, CC 07-i7-06/199 ~~ ~I CC OZ-17-06/200