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CCMtg08-06-07MinI~ONGWOOD C][TY COMMISSION Longwood City Comgnission Chamhers ~~ 175 West V'~arrf:n Avenue Longwood,l~'lorida MII~TUT'l'~~S AUGUST[' 6., 2007 7:00 P.PZ. ]Present: ~ Mayor John C. Maingot Deputy Mayor Mike Holt Commissioner H.G. "Butch" Bundy, Jr. Commissioner Brian D. Sackett Commissioner Dan Anderson Teresa S. Roper, Acting City.Attorney John J. Drago, City Administrator Linda F. Goff, Deputy City Clerk Tom Jackson, Police Chief Carol Rogers, Director of :Financial Services Paul Sizemore, Director oi.' Community Services Richard Kornbluh, Division Manager of Utilities Craig Dunn, Information `Technologies Michael Clelland, Batallio:n Chief Laurie Mooney, Fire Chief Fran Meli, Recreation Program Manager Absent: Sarah M. Mirus, City Clerk (Excused) 1. CALL TO ORDER. Mayor Maingot caaled the meeting to order at 7:.01 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. The following amlouncements were made: A. National Night Out will be held on Tuesday, August 7, 2007, 6:00 p.m. at Candyland Park, 599 Langdale Avenue. B. Senior Matinee will be held on ~~ugust 15, 2007 from 1:30 p.m. unti13:30 p.m., Longv~~ood Community Building, 200 West Warren Avenue. C. A Slue Grass Pickifz' will be ]held on August 18, 2007 from 7:00 p.m. ' until 10:00 p.m., Longwood Community Building, 200 West Warren ~ Avenue. CC 08--06-0T/211 4. RECOGNITIONS/PROCLAMATIONS A. District #4 Presentation of the Business Person of the Month Award for August 2007 to Ed Bookbinder, President of Visual Impact ~ Communications., Inc., 780 Florida Central Parkway. Commissioner Bundy read a brief biography on Mr. Bookbinder and presented him.with the Business Person of the Month Award for August 2007. Photographs were then taken. B. Proclaiming the week of August 19 - 25, 2007 as Longwood Firefighter Appreciation Week. Mayor Maingot read a proclamation proclaiming the week of August 19- 25, 2007 as Longwood Firefighter Appreciation Week. He commended the Longwood Firefighters for their efforts on behalf of the Muscular Dystrophy Association. He presented Chief Laurie Mooney with the proclamation. Photographs were then taken. C. Nominations -Annual Key to the City Award. Deputy Mayor Holt nominated Marc McLarnon, 628 East Wildmere Avenue, for the Annual Key to the City Award. Mayor Maingot nominated Sandy and Bob Lomax, 1.411 Parrot Way, for ~ the Annual Key to the City Award.. ~~ Nominations carried by a unanimous voice vote. 5. BOARD APPOINTMENTS.. A. District #2 Nomination to the Board of Adjustment. Commissioner Anderson deferred the nomination. B. District #5 Nomination to the Parks and Recreation Advisory Board. Commissioner Sackett nominated Stephanie Manor for reappointment. to the Parks and Recreation Advisory Board. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Public Participation. Tom Jackson, Chief of Police, 235 West Church Avenue, said on August 14, 2007 Sergeant Carl Strohsal was killed in an automobile accident at 1:30 a.m. Sergeant Strohsal had been with the Longwood Police Department almost 20 years. On behalf of the Strohsal family, his wife ~, Carol, daughter Laurie, son Jake and his three grandchildren, they would ~ like to express their sincere appreciation to Mr. Drago for his leadership CC 08-06-07/2.12 and to Carol Rogers in her initiative in finding funds to help offset the ~ funeral costs. They also would lik:e to extend their appreciation to the City Commission and in particular to Commissioner Bundy for his continued aggressive attempts to help defra}~ the costs not covered by workman's comp. On behalf of the Strohsal frmily he expressed their sincere appreciation. Stefan Cuneo, 611 .East Stai:e Road 434, said he was leasing a building and he was being forced to change the: colors of his building. He stated the colors were fine with the landlord before he moved in. When he went to get his business license no one told him he had to go to the City to have the colors approved. He sari he plat in $6,000 of landscaping to beautify the area; and when he had completed the work Codes Enforcement came by acid told him, after the fact, that he needed to change. the colors. He said the whole neighborhood seems to have the same colors he used. He inquired why he was being picked out from these other businesses. >=Ie has tried to work with Lt. Cohen and he has worked with Commissioner Bundy. He does not feel the colors are a problem. He stated he has until the 26t" of August to address the issue. 7. CITY ADMINISTRATOR'S RE]POR7'. Mr. Drago advised he has no report. He explained the odor in the Chambers was ;~ from the newness of the screens. 8. MAYOR AND COMMISSIONE]L~S' REPORT. District #4. Commissioner Bundy said l\%Ir. Cuneo's issue fits very nicely in the first item under his report. He had brougb.t this up a couple of meetings ago regarding the fact that, the paint palette was being enforced as a Code Enforcement issue and being done after the fact. He stated that Ms. Reimers was trying to let people know they needed to pick colors from the palette. He declared. people need to be notified that they need ~to pick from the color palette. He would like to see a moratorium on enforcement of the color palette until such time staff has had an opporttmity to notify the: property owners and businesses. He gave several businesses as an example of peop:~e who have painted their buildings and were notified later that they could n.ot use those colors. If all they are doing is painting, it does not require a permit. He said he did not want to change the color palette or do away with it. He proposed a moratorium on enforcing the color palette would allow notification to 1:he property owners- and tenants that there is a color palette. from which they are required to select. Commissioner Sackett said he understands what Commissioner Bundy is saying and he could support it to an extent.. H:e said he would like to know historically how the City is doing this when someone .comes in. Mr. Drago said there was a brochure put in each Commissioner's mailbox ~' regarding what it takes to open a business in Longwood and. one of the paragraphs addresses the color palette. He stated this brochure is sent out with business CC 08•-06-0 i/213 licenses and tis also on the City website. He advised this same paragraph would be in the Illumination at all times. He said they could. find out who the owner of ~; the property is and mail out a flier with this paragraph included to the property owners. Commissioner Bundy said then the onus would be on the property owner and this would allow tenants to have recourse against the property owner. Deputy Mayor Holt said his concern with the moratorium would be the time frame, especially since. there have only been a couple of buildings that fell through. He stated the City did a mail out and. then a duplicate mailing. Commissioner Bundy declared 30 - 35 days would be sufficient time for staff to put something together and send out. to property owners. He .said if people paint prior to obtaining their business license it is after the fact.. He stated we have an obligation to notify people. when doing something out of the norm. Mr. Drago said some of it has already been done or was in progress. He stated mailings directly to property owners may take some time. He said this could be accomplished in less than 30 days. Commissioner Anderson said he was not. sure what it accomplishes since it is not an epidemic throughout the City. He said the current ordinance was workable, but it was not a good system. He would like to see it replaced. He stated even if they do a moratorium it would not address this gentleman's issue. He declared they needed more time to discuss how to improve the system. Commissioner Bundy said it would accomplish this gentleman's case. If he had to go before the Code Board they would.take a moratorium into account. Ms. Roper said tonight was the first she had heard about a moratorium and if time was not of the essence, ;she would appreciate having time to look into the matter to see what affect it does have on past violators .and future violators. Commissioner Anderson said one way to deal with this issue would be to hold off on further enforcement or issuing the citation in this particular case so that he is not under the deadline while the City looks into the matter. Mr. Drago said the violation could stay in abeyance at the Police Department without enforcement until such time the attorney understands the impact. This would give him a better handle on the time frame to do the. mailings. The tenant would wait until a decision is rendered. Commissioner Bundy reported he received a phone call from Kids House and they are trying to schedule a retreat for their staff. They asked if he would approach the Commission in regards to allowing, them to have the Community Building at the resident rate. He .declared. he would like, to provide use of the ~ CC 08-06-07/214 building at no charge since it is Kids House. They have already checked to see if the building was available. It was the consensus of the Commission i:o provide the Community Building at no charge in support of Kids House anal the}~ coordinate with staff. Commissioner Blmdy said when the new contract with the Jaycees was signed for the bus benches they were to be replacin€; the benches and place trash receptacles at each bench. He stated they needed to be put on notice that they are expected to fully comply with the contract. He would like for the City Administrator to work with the Acting City Attorney in reviewing the contract. Deputy Mayor Holt said he appreciates this being brought up as the debris is out of control. District #5. Commissioner Sackett: reported he quickly called Mr. Drago when he saw on the Seminole County Channel the County Engineer stating that the. State Road 434 widening was now looking to be from I-4 to Palm Springs Boulevard. Acquisition of properties was more expensive than they thought. He suggested meeting with the County Engineer regarding the plan. Mr. Drago advised they have had numerous meetings with the County and State. He stated with the County it came down to the expense. He said they would be having other meetings this week regarding that matter and also on the train station. He said not to be surprised if they vacate the widening of State Road 434. He declared the key element was where to site the retention pond. Commissioner Sackett said time was getting closer and we need to have them here to discuss the matter. Mayor Maingot said every time they meet the scenario changes. He reiterated the lsey at this time was determining where the pond would be. He stated they have had meetings with the State and the County and would .continue to push for a proper resolution. Commissioner Bundy said it was apparent with budget.restraints the County was pulling back. He suggested telling them to leave the project alone and spend the fiends on some other project. He said the construction project would impact everyone that travels the road and thus will financially impact the businesses along the corridor. District #1. Mayor Maingot reported Seminole County Regional Chamber of Commerce held their first meeting at t:he new location in Heathrow on July ?_6th. He said the material being used to promoi:e well being of the Chamber is .obsolete. f He stated a group of people have come together that will be bringing forth a recommendation on promotional material. District #2. No report. CC 08-06-0 x/215 District #3. Deputy Mayor Holt thanked staff for their hard work in putting the new~audiovsual system in place. He reported he met with people over the weekend.and today regarding their concerns on various subjects coming before, the City Commission. 9. CONSENT AGENDA. A. Approve Minutes of the July 16, 2007 Regular 1VIeeting and July 30, 2007 Special Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for August 20.07. C. City Administrator requests the City Commission waive the purchasing procedures due to time constraints, approve a purchase order to Central Florida Tapping & Construction Services Inc. and authorize the City Administrator to sign the purchase order in the amount of $60,405. D. City Administrator recommends City Commission approve the purchase of two 64-niche columbaria from Kootenay Monuments, Inc. in the amount of $52,532.00 and authorize the City Administrator to sign the Purchase Order. E, The Community Development Division of the: Community Services ~`( Department recommends the City Commission approve a change order in the amount of $11,367.69 to A&M SI Construction Company, Inc. for the installation of ADA compliant truncated domes at crosswalks on the Credo Street Improvements Project. F. The Community Development Division of the Community Services Department recommends the City Commission approve a final change order in the amount of $46,990.80 to A&M SI Construction Company, Inc. for the Highland Hills Stormwater Improvements Project. G. Finance Division of the Financial Services Department recommends the City Commission approve the Seminole County Public Schools, School Resources Officer Agreement and authorize the Mayor to sign same. H. The City Administrator recommends the City Commission approve a Change Order to increase Purchase Order 11852 to National Building Services, Inc, by the amount of $6,600.00 and authorize the City Administrator to sign the Purchase Order. I. The Recreation Division of the Community Services Department recommends the City Commission approve a final change order for `/ CC 08-06-07/21.6 - $5,941.51 to Atlantic Civil. Constructors Corporation for the Smallworld Park Project. J. City Administrator requests the City Commission approve the application for the Florid~i League of Cities City of Excellence Award and authorize the Mayor Ito sign all documents. K. City Administrator requests thE: City Commission approve an interlocal agreement with Seminole County to coordinate the re- banding of the 800 MHz public safety/emergency radio communications system and authorize the Mayor to sign the .interlocal agreement. Deputy Mayor Holt moved to approve the Consent Agenda as submitted. Seconded by Commissioner Sackett. Discussion was held on Items 9 D, E, F, and G. Motion carried by a unanimous roll call vote. 10. PUBLIC HEARIlVGS. A. The Community Development Division of the Community Services Department recommends the Ciay Commission read by title only, set l August 20, 2007 as the second public hearing date and approve the ~`~' first reading of Ordinance No. 07-1826 to amend the Longwood Development Code (LDCA 01-07). Ms. Roper announced having proof of publication for this and all public hearings on the agenda. She then read Ordinance No. 07-1826 by title only. Mayor Maingot opened the .public hearing. No one spoke in favor to the ordinance. The following spoke in opposition. to the ordinance: Paul Lovestrand, 500 Preston Road, said he thought the Commission had a lot of things backwards. He stated that btrreaucracy never gives up. The City Commission went over this ordinance five years ago and everything they threw out then was bads in now. He declared the pole signs in his plaza would take $40,000 to replace. He said the Commission needs to be on guard of these items coming back. He stated this should be tabled forever. He affirmed the hei;;ht limit was there so the signs could be as high as the billboards so they could be seen. He said when talking about linear feet, it was .reduced, but there was no maximum. He stated this ' ordinance would make. every business in his plaza have to change their ~~' sign. •He said they needed to gave businesses more freedom and be more CC 08-06-07,/217 business friendly. He addressed the window signage and the. color palette. He said this was a terrible thing for the business community. Barry Carnes, West State Road 434',: said he and his wife were the owners of Century 21 A.A. Carnes, Inc, and have owned the.property since 1996. He has had an office in Longwood as a broker since 1970. He said he has a pole sign in excess of 10 feet so he spoke to Mr. Spinella and asked him to look at his sign in regards to what he would be required to do. He was told he would be required to lower his sign within 7 years. He suggested grandfathering the people already there. He declared he was not in favor of the ordinance. He stated this was another way to alienate the businesses. Jim Hattaway, 840 Waterway Place, said he was here as a property owner in Longwood and as an Attorney representing a variety of businesses in Longwood. He stated this City in the past has been very pro business and this is slowly eroding. He suggested the Land Development Code should be an invitation and a way to say come and do business in our City. This is being changed by the rules being proposed. He said this was an exercise of police power to change an existing sign situation. He declared that every sign the City was trying to change was put up legally and it was not fair to come in after the fact to have businesses change signs that were installed lawfully. He discussed various issues in the proposal and asked the Commission to consider tweaking. these. He said what was. being proposed ~ under Section 6.1.0,. General Provisions, was an exercise of a police power ~ in requiring certain changes. He suggested there were insufficient findings ~, to justify this. He stated Section 6.1.6 D makes every sign in the City nonconforming. This means every sign in the City will need to come down or be replaced. He said it does not provide for .grandfathering as the current code does. He stated this same section provides for 30 days after notification to replace the sign. He declared it was not possible and takes more than 30 days. to replace a sign. He referenced Section 6.1:6 D 2 regarding repair of damaged signs and said this was determined by someone who is not qualified. He said 6.2.2 Y states that. pole signs are not allowed. However, pole signs are not defined. He reviewed and discussed the provisions concerning the change of height. He suggested if the desire was to bring uniformity that the, City go to the County standard. He referenced Section 6.4.4 F on page 24 and suggested the word shall be changed to may. He discussed electronic message center"s and suggested that changeable every five minutes was too long of a time requirement. He referenced Section 6.7.5 and suggested the last sentence skirts on first amendment issues. He said Section 6.7.7 regarding signs being consistent with the style, color, material, and finish of the principal buildings on the site and suggested if having signs match the individual buildings that this goes against the intent on page one. He declared paragraph B of this section was looking at problems as it may interfere with visibility or setback issues. He referenced the Harris Act and said the City was opening itself to liability. In conclusion, he sug-gested two possible compromises. ~ 'fable the item and create a committee to review and tweak the language, CC 08-06-07/2.18 then bring it back or modif;~ the language so it only applies to new property owners. Cathy Cold, 1341 South Grant Street, said the one thing that jumped out at her under the scope and purpose ~Nas to enhance the economy in the community in Longwood. ~>he referenced an article in the paper regarding Florida facing the worse shunp since 9/11. She stated it was going to take longer to recover from this housing slump. She, said they need the Commission's support and stated she recently wrote. a letter to Commissioners regarding her experience with the law enforcement and code officers regarding open house signs. She recently spent $466 to advertise a listing that failed to generate a single, phone call. She affirmed they have had some success in holding an open house. She said realtors need help with regards to open house and directional signs. She said she was asking for immediate relief from harassment of taking signs and asked they be treated the same as garage; sale signs. Those trying to do business here would appreciate help in geti:ing through this housing slump. Commissioner Bundy said they specifically excluded this and decided they would wait to hear back from the Board of Realtors. Corrrrnissioner Anderson requested the public to please write a letter and i articulate to the Commission how they would make changes to craft the ordinance. He stated what `uas there was not working, but they need. to prevent the City from being overrun with signs. Ms. Cold said she has never pulled a permit for a garage sale, but she would be willing to pull a permit :for realty signs. Commissioner Anderson said the garage sale signs have the same issues. John A. Blackstoclc, 100 Dog 'Track Road, said he owns the Shell Station/Church's Chicken at tl~ris address. He gave his condolences to the Police Department. He discussed :neon signs and said he did not have money to advertise on the radio, television, or newspaper. He said his sign cost a total of $60,000 instaaled. E[e requested the City Commission reconsider and grandfather i:he signs in and start with the new signs.:1=Ie stated he would have to obtain. legal assistance to make sure he can stay in business. He asked the Commission to please consider what a drastic burden this would cause on each business in the City. Michael Radell, 200 South Biscayne Boulevard, Miami, said he was an . Attorney representing Public Storage located at 360 East State. Road 434. He was contacted by Public Storage offices in California after they were ! contacted by the Hattaway's. He said they were. very concerned the proposed ordinance was in clear violation of the City's current adopted Development Code. He pointed out the LDC has a specific exemption that reads; "The following general conditions or circumstances are exempt CC 08~-06-Oi7219 from the provisions. and requirements of the Land Development Code. That includes projects for which develop order or permit has been lawfully ~ issued which has not expired prior to the effective date of the: LDC and for which development activity has commenced and continued in good faith and in accordance with all applicable development orders and permits". He said when people talk about grandfathered property rights, what they are saying is once ,government provides. a permit,. and a property owner relies to his determent on that permit, government does not have the option of turning around and saying no. He stated,. by definition,. any changes to the Land Development Code for projects that predate 2005 are specifically grandfathered from those provisions. He said by including in the Sign Ordinance in Section 6.1,6.d, the City has provided an abatement provision that attempts to undo by eliminating the very same nonconforming use equitable a stop hold provision that the Code provides for in Section 1.4.2.a. He declared the provisions of the Code, the .proposed Sign Ordinance, from the lack of grandfathering, should be eliminated and the amortization and abatement area should be deleted. Public. Storage has a 200 square foot sign at a height of 15 feet and he believes that. sign would become nonconforming with the proposed changes, He reiterated the Code today grandfathers permits issued for signs prior to 2005. The other concern is the potential financial impact to the City if not providing for grandfathering. He urged the Commission to eliminate Section 6.6.1.6.d. Les Smmonds, 860 East State Road 434, said he was here several weeks ago and talked about issues. He said the Board of Realtors was working on ways to compromise. He stated, it was reasonable for open house .signs to be out on Sundays for a specified amount of time. He said the Commission hearts were in the right place and they have spent hours trying to malce Longwood look good and make it a City proud to live in and have a quality of life second to none. He said he was here to say let's work together and find a way to alleviate some of this burden for the realtors. Edward Mixsell, 1115 Ronald Reagan. Boulevard, said he opposes the whole ordinance. He stated he did not see the need to change all of the signs in Longwood. He said when Ronald Reagan Boulevard was widened he was required to change. his sign .from 25 to 15 feet. He was then told it could. go back to 25 feet, He said this was a hardship to change all of the signs. Commissioner Sackett moved to close the public hearing. Seconded by Deputy Mayor Holt .and carried by a unanimous voice vote.. Deputy Mayor Holt moved to table Ordinance No. 07-1826 until they can reconvene and talk about it at a later date. Seconded by ~J Mayor 1Vlaingot. CC 08-06-07/220 ~ Commissioner Anderson inquired when it would be tabled to or if it would be easier to reject it and bring it back later. Mayor Maingot said based -upon what they have heard this evening it would appear they could foam a group to work with them for the benefit of all concerned. Ms. Roper suggested they dlo a motion that fails the first reading if they are not pleased with the first reading. Commissioner Bundy said he would support it being tabled to a time certain predicated on the City Commission nominating a person from the business community to discuss issues as a committee with Community Services Staff then holding a join: work session with the Commission and. that committee. He suggested providing a 90 day period from the time appointments are made. Cormnissioner Sackett said with a. table they would then, in effect, be bringing back this ordinance. He suggested denying the Ordinance and bringing the matter back by committee. He declared he supported the Ordinance for new business. Deputy Mayor Holt inquired if tabling this, it cannot be brought back up until the matter is brought back. Ms. Roper said the question. was whether the Commission desired to bring this ordinance back or a different ordinance. If they table,. then this ordinance would be broughl: back. With changes being made to the ordinance was why she suggested not approving the first reading and addressing some of the issues they have heard. She would like to see the grandfathering researched. Deputy Mayor Holt said if it is tabled, they can always amend the language. Ms. Roper advised her concern w<~s in the way the ordinance is listed on the agenda. It is asking to approve: the first reading. She stated it can be tabled and brought back. However, to stay in line with the agenda item it would be best to not approve the first reading. She suggested it would be legally and expeditiously better. Commissioner Bundy said i:f tabling, they would not need to go through the whole process of the Land Planning Agency. He said they have ~ already had work sessions on the ordinance and made some changes. This ordinance gives framework and something to work with. Deputy Mayor Holt withdrew the motion. CC 08-•06-07/221 Commissioner Bundy moved to table this ordinance until the second meeting in November and each Commissioner bring forward a list of names to appoint to the Ad Hoc Sign Committee at the next Commission meeting. Seconded by Mayor Maingot and carried by a four/one roll call vote with Commissioner Sackett voting nay. Commissioner Sackett asked those present that would be interested in serving on the Ad Hoe Committee to email the City.. Commissioner Bundy suggested any interested parties go to the City's website and fill out aboard application for the Ad Hoc Committee. The Commission recessed at 9:10 p.m. and reconvened at 9:18 p.m. Commissioner Anderson left the meeting at 9:10 p.m. S. The Community Development Division of the Community Services Department recommends the. City Commission approve or deny the requested variances (VAR 09-07) to the Historic District Cadebook for the property located at 172 West. Warren Avenue. Mayor Maingot announced this was a quasi judicial proceeding. He inquired if there was anyone who would like to speak in favor or in ~~ opposition. Ms. Roper advised since there were no substantially affected people to testify the item could be treated as a regular public hearing. Mr. Sizemore reviewed the property this affected. He previously met with the applicant. The applicant took the information gathered from that meeting and put together the application package. He reviewed the conceptual plan and the conceptual elevation drawings. He reviewed the surveys showing the setback lines for both Bay and Warren. He reviewed the renderings of the project and said the applicant was present for any questions.' Commissioner Sackett said there needed to be five justifications for a variance request. He stated he saw this. as four variance requests. He inquired if there had to be five justifications for each variance asking for or would this be satisfactory. Mr. Sizemore said from t_he City Commission meeting a few weeks ago it was determined they would. try to collect as much information relative to the area the variance was being requested and it would then be brought to the Commission for evaluation. He stated, in this case, all were dimensional variances.. The five findings deal. wi"th questions that are CC 08-06-07/222 ~- specific from the Development Code in terms of economic difficulties, the ~ desire to save money based on economic development, and the list goes on. If it were a variance to a setback versus an impervious surface ratio, those responses would be very different. Commissioner Sackett said this did not justify the height. Jim Lorman, 3'70 Rock LakfJ Circle, Lake Mary, as one of the owners of the property, said they would respectfully request the Commission approve the variances. He stated tJaey have been trying to develop this property over the past 3-4 years Luider the economic conditions the Historic area has afforded with re:;trictions. They desire to create and continue the historic atmosphere. 'T'heir position is to design and build something that complies with the ordinance, historical atmosphere and look. This is why they purchased i:he property. He said he would be glad to answer specific questions. Commissioner Sackett inquired w:hy the need fora 2.5 story building. Mr. Lorman said part of it was the configuration of the lot. It creates a footprint to take the square i:ootag~~ up and keep consistent with the ordinance. He stated part of the elevation was that the older homes were raised 3-4 feet off the ground before the floor level. I-Ie said it was consistent with the Bradley :NlacIrAtyre structure or the Hopkin House. He said the upper level would be like a mezzanine or loft and would primarily be used for business. Commissioner Sackett inquired if there was any problem with the encroachment to the left. Mr. Lorman advised they own that property. Commissioner Sackett inquired if the driveway development was encouraging or discouraging. Mr. Drago said the Conunission tries to eliminate driveway cuts. He advised one of the driveway cuts would be eliminated and there were only two driveway cuts. Deputy Mayor Holt moved to approve the. requested VAR 09-07 to the Historic District Code :Book located at 172 West Warren Avenue, as presented., laem 10 B. Seconded by Commissioner Bundy and carried b;y a unanimous roll call vote with Commissioner Anderson absent. 11. REGULAR BUSINESS. CC 08~-06-0-i/223 A. ~ Pofice Department requests the City Commission discuss a program designed to recover costs relating to traffic crash investigations and ~ Fire/EMS services and give staff appropriate. direction. Chief Jackson said several weeks back he introduced Ms. Moore with Cost Recovery Corporation. Her program helps recover investigative costs. Longwood averages about 2,000 traffic. crashes per year. Between 9 and 14 percent of these crashes are caused by residents and the rest are caused by nonresidents. Ms. Nloore's program provides a tool to recover the costs created by those not supporting with their own tax finding. Ms. Moore said their services were through an administrative fee. EMS is handled differently since it is federally regulated. She stated this was a feasible and legitimate program beneficial for residents. She affirmed that insurance rates have not increased since 1999 due to this claim. Their program is set up to mirror the way the Federal Government set up EMS in the 1970's. Commissioner Bundy moved to bring an ordinance forward with the key provision that Longwood residents be exempt. Seconded by Commissioner Sackett and carried by a unanimous roll call vote with Commissioner Anderson absent. Mr. Drago suggested the Commission's intent may be to also exempt those who live outside the City, but own a business in the City. It was the consensus of the Commission that business owners also be exempt. Ms. Moore said the way their program is set up directly mirrors the Federal Government. There is no out of pocket cost to the residents or property owner. She advised they would still submit a claim to the insurance company and if the insurance company would decline to pay, it would simply be written off. B. City Administrator recommends the City Commission. review the City Attorney rankings and take action the Commission deems appropriate. Mr. Drago said the Commission did interview all six applicants and rank ordered them. However, there was the lingering question regarding Charter language. He asked Mr. Roper to provide an opinion. He reviewed two options the Commission would have. Discussion ensued. Mr. Drago recommended the Commission instruct him to go to the ~ Executive Director of the Seminole Bar Association to have a committee CC 08-06-07/224 review the applicants to see if they are qualified to be a municipal attorney. He would then bring the matter back to the City Commission. Commissioner Bundy moved to instruct the City Administrator to go to the Executive :Director of the Bar Association, have her develop a committee to determine if the six applicants meet the qualifications as set forth i:n the proposals and bring that information back to the Commission. Seconded by Commissioner Sackett and carried by a unanimous roll call vote with Commissioner Andearson absent.. C. Mr. Frank Randolph, Owner of Affordable Memorials, requests the City Commission discuss t:he installation of the Dorothy Joseph Memorial in Longwood Memorial Gardens. Mr. Randolph thanked the (o~nmission for the opportunity to present this. matter for discussion. He stated in June of'200'0 Berlin Bosworth and Geri Zambri asked for his assistance in. setting up guidelines for the cemetery. They worked on setting up the Rules and Regulations and since that time he has installed eight different memorials of the same type, size and quality as the Dorothy Joseph Memorial in the Longwood Cemetery. He referred to the pictures he had provided to the Commission. ~ Mayor Maingot inquired if the marker was made of two different units. Mr. Randolph advised it was made of three units,. the .granite, the bronze, and the vase unit. He explained th.e vase turns and goes into the ground when it is not in use. Mayor Maingot. asked Mr. Randoaph to give the dimensions. Mr. Randolph explained the; granite was 28 x 24 with the bronze 24x 12 and the vase mounted above. With the precedence set, when family came in to have him do the marker, he said the only way was to place the information on the bronze. and attach it to the granite base.. He said he requested installation~as he no:rma.lly does and. it was rejected. He said he was shocked and this is why he brought it to the Cify Commission. Mayor Maingot said there were dimensions for government markers and dimensions for standard markers. He inquired if th,e bronze was 24 x 12 on the granite base. Mr. Randolph responded in the aff rmative. He said the 28 x 24 was a standard industry norm all over tb.e country. He explained how a picture could be incorporated in the: granite. He said there were several markers in the cemetery already. Mayor Maingot inquired what the rationale was for rejecting the marker. CC 08-06-Oi'/225 Mr. Randolph said there was a tnistake made when making the rules. He J said he felt this was a typographical error. He declared horizontal was a factor, and vertical was not a factor as there is 8 foot of gravesite for the memorial. Deputy Mayor Holt asl~ed if all they were talking about was the piece of granite. Mr. Randolph responded in the affirmative and said it was flush to the ground. Deputy Mayor Holt said they should be talking about the verbiage that brought this about. Mr. Randolph said in the years of doing this he has installed many like this one and he does all of his own installations. Commissioner Bundy said he submitted copies of applications where it has been previously allowed. He said it had always. been against the rules, it just had never been cited before. He stated when a Wile comes to their attention they have to uphold the rules. He said staff did their job. He declared this does not grandfather in a mistake. Mr. Drago pointed out some of the markers in the photographs were approved because they were government or military markers. He said if any of the markers installed did not meet the requirements, it was an oversight. Mr. Randolph said the intent was to allow more inscription by the family of their loved one. Mr. Drago said if the City Commission wanted to change the .rules then they can do so. If granting an exception, he would suggest it be referred to the Attorney. Mr. Randolph asked if he could meet with someone, to review this matter. Mayor Maingot said this would not change the existing .issue. Mr. Randolph said if this size marker was not allowed by civilians then it was discrimination. Commissioner Bundy said he would like to see the City Administrator look into this and if he has a comfort level with approving a one time exception then bring it back. He stated he would like the City Administrator to discuss the matter with the Acting City Attorney to see if CC 08-06-07/226 there was a way to grant an. exception and then bring it back if reaching a '~ comfort factor, short of changing the rules. Mayor Maingot thanked Mr. Randolph for the information and said the City Administrator would review the matter with the City Attorney. D. Friends of Myrtle Lake Organization requests the City Commission discuss the use of a portion of City property as a "spoil island" to aid in the clearing of vegetation from Myrtle Lake. 1VIr. Sizemore said the Friends of Myrtle Lake were on the agenda to make a presentation to the Commission. He reviewed an aerial map that showed Myrtle Lake which i just outside of the city limits. He pointed out on the map property owned by the City. He advised Friends of Myrtle Lake was a nonprofit organization that has been working with Seminole County on an MSDU. They are working. to clean muck and vegetative debris from Myrtle Lake. Their request is to seek permission from the City Commission to use a portion of the City property as a spoil island. Commissioner Bundy inquired if staff has a recommendation. Mr. Sizemore said he went to the property with. the City Engineer and - ~ someone from Property Maintenance. He said if was possible the spoil ~ island would be obscured by trees from the adjacent residents. There is ~ also the possibility there maybe an odor associated with the debris. Whether this would be worse than the odor from the lake is to be determined. He said the C'it-y Engineer has seen projects like this done before and did not have any problems from an engineering standpoint, however, he expressed the same concerns regarding the odor. Gretchen Hobkirk, 1091 Ridge Road, said she was speaking on behalf of the Friends of Myrtle Lake and their purpose is to educate people around the lake regarding use of fertilizers, wildlife, and exotic plants. They have been trying to clear the lake of ve;~etation and are working with the Department of Environmenl:al Protection. She said they have formed this organization based on their :recommendation. She said they have been advised when the lake dries, that `would be the time to clean the vegetation. She said they just completed a petition signed by 26 people around the lake to get an MSDU that just passed. She confirmed for this project to go forth, it is important to have the spoil islands versus hauling off the vegetation. They would 1ik:e the vegetation to be Tong the shore line. They are asking the City to a:~low them to use this site as one of three sites they are using at different points around the lake. They will be taking the vegetation and muck from the lake and pushing it to the shoreline. Mayor Maingot said his main concern was the decomposing of the ~-' material producing bad odors. CC 0&~06-07/227 Ms. Hobkirk said she sent. a letter to the residents of Shadow Hill. She ,said Shadow Hill did not come up to the lake,, but they bordered the City s.1 property and there was approximately an acre of land between them and the lake. Discussion was held regarding the possibility of a bad odor. Commissioner Bundy inquired what process would be used to take the vegetation out. He said he believed the same process was used at Mudd Lake approximately eight years ago and it did not work. Ms. Hobkirk said they were not just cutting and mowing the top. They will be scraping. muck and taking the root beds out. Commissioner Bundy said he had concerns and reservations regarding health issues. He inquired what assurances they would have there would be no contaminants that would create health.. problems. He said they are asking the Commission to allow themto place a 30-foot high amount of rotting vegetation adjacent to one of the City's subdivisions that maybe there for five years. Ms. Hobkirk said she understands those concerns. She stated they were not unfairly pushing this on to Shadow Hills; there is a divide. between the subdivision. She said her house was the same distance from the spoil island. She said if they do not do something to this lake it will dry up. Commissioner Bundy inquired what the source of water was to this lake. Ms. Hobkirk said from what she understands it is a natural lake bed. She said the cost was approximately $85.,000 and the residents are paying for this out of their own pockets. She believes the residents share the impact with their organization.. She said they were not asking for money, they were only asking for an.area to place this material. Commissioner Bundy moved to extend the meeting. Seconded by Commissioner Sackett and carried by a unanimous voice vote with Commissioner .Anderson absent. Commissioner Sackett said he lives on Mudd Lake and unless the lakes, are spring. fed, they have a cycle they will go through. Mudd Lake has dried up three times. He said Mudd Lal{e underneath was white sand, but you have to remove the muck and this was done at one time. He stated this muck had an odor for over a year. He saidthe lake now has been airboat. managed and since the. last treatment four months ago it is back to improper plants. He inquired what would be wrong with letting Myrtle Lake go back to its natural state and reinventing itself. He asked if it was . still protected by St. John's Water Management. ~ CC 08-06-07/228 - Dean Barber, 2944 Summer Swazi Drive, said the water body was greater than 10 acres and was under the jurisdiction of'the Department of Environmental Protection. Commissioner Sackett asked how many dry periods Lake Myrtle has had over the past. 25 years. Mr. Barber said he did not know i:he history of dry periods. He stated the bottom was sand and they are trying to do the same as that done with Mudd Lake. He said Mother Nature did not cooperate to a degree and also the City did riot maintain. Mudd Lake for some time.. He advised it would cost. $1.3 million to haul ofi.'this material. Deputy Mayor Holt said Lake Jessup was also a concern with storage for muck. He said concerns he would have was the fermentation process and the odor that would come from this. He said there would be a potential for it to flame as it dries. He said if trxere was flair up of this material, the woods and houses nearby v~~ould lie gone. He declared the spores of what was in there would be rejuvenated by bringing, it to the surface and it would be able to flourish again. I~:e stated he did not know the public safety issues and would go ito the .Police Chief and Fire Chief concerning public safety concerns. ~ Gloria Evv, 1188 Andrews Drive, said one of the problems with Lalc:e Jessup was that muck was unconsolidated. She said there was about 9 feet of muck in a large part of L,~1ce Jessup that wouldn't constitute the type of spoil islands that are being proposed for Myrtle Lake. She reviewed other chains of lakes and documentation by Dr. Mark Foyer of the University of Florida has given them information for decomposition rates with spoil islands. She.said the intention behind this was to create wildlife habitats for these areas. She said this v~~as ;~ work is progress and they were still gathering a lot of the data. She re~riewed the areas where the proposed spoil islands will be placed. She r~;viewed an aerial snap and said they have delineated what can bE: demuclced. Deputy Mayor Holt asked Ms. Evy to explain her area of expertise. Ms. Evy said she was the A~duatic Biologist for Seminole County. Deputy Mayor .Holt induired to the depth of Lake Myrtle. He asked if they would be going deeper than the maximum depth. Ms. Ew advised the equipment restricts the area. She said they know the equipment can work in a depth of 3-4 feet. She said they have probed the lake and she reviewed contours of'the depth. She reviewed the process they planned to use. She advised he was familiar with Island Lake North '` ' and it was delineated as a wetland. She said the type of species of plants in CC 08•-06-Oi'/229 this lake was not indicative of wetlands and why they believe there is a difference. ~ ~ Deputy Mayor Holt applauded them for doing this. He said the City has been through this and working hard to try and maintain lakes. He stated they may run out of money before they get to the City property. Ms. Ew advised that what was currently shown on the map was funded. She. said in addition to the residents providing $85,000, it was being assessed through special taxed MSDU, and Seminole County Lake Management program has also donated $25,000. She said they believe in the Friends of Myrtle Lake and the stewardship as an example they have set for all of the lakes. They want to promote that type of activity within the watershed. She said there will be a lot of maintenance required and this was built into the budget. Deputy Mayor Holt said if this information had been in the packet of information tonight it would have answered a lot of questions. He suggested putting this information down in writing which would give him abetter idea on saying yes or no, Commissioner Bundy inquired if this. was going to fix the lake. Ms. Ew said Mother Nature. plays a large role. She said a lot of years of ~ neglect have. put this lake where it is now. Seminole County sees it as an `-~~ asset because it discharges. into Greenwood Lake, then discharges into Silver Springs, and ultimately ends. up discharging into Lake Jessup. Mayor Maingot said this item generates a lot of pros and cons.. He asked the Acting City Attorney if they should conduct a vote on this. Ms. Roper advised they could make a.motion on the matter. Commissioner Sackett moved to deny the use of City property for the use of a spoil island in the cleanup of Myrtle Lake. Seconded by Commissioner Bundy and carried by a three/one roll call vote with Deputy Mayor Holt voting nay with Commissioner Anderson absent. E. The,Deputy City Clerk recommends. the Commission review a request by the Longwood Area Chamber for an Ex-Officio member appointment from the Longwood City Commission. Commissioner Sackett inquired. if it was traditional for the Mayor to serve. Mayor .Maingot responded in the affirmative. ~~ CC 08-0.6-07/230 Commissioner Sackett moved to appoint the Mayor to serve as an ex-officio member to the ]-~ongwood Chamber. Seconded by ~ Mayor Maingot and failed. by a two/two roll call vote with Mayor Maingot and Commissioner Sackett voting aye and Deputy Mayor Holt and Commissioner Bundy voting nay with Commissioner Anderson absent. F. The Community Development Division of the Community Services Department recommends the City Commission approve a Memorandum of Agreement with Seminole County for a Countywide Mosquito Control Program ands. authorize the Mayor to sign the Memorandum of Agreement. Mr. Drago said the City Commission through the Mayor and Commissioner Sackett sat on the :Advisory Committee to look at ways to put services together. One they came up with was Mosquito Control. The County agreed to establish a countywide mosquito control program and fund it. He said they fitnded the first three years, but they were not clear what to do for year four. There ware concerns the Commission had with the Memorandum of Agreement and other cities had these same concerns. He said they have learned that. all of the cities have passed the Memorandum of Agreement before them at this time with the understanding it did not prohibit the City from opting out. Longwood is the only city that has not passed the agreement. He said Ms. Coto asked City Managers if they had a problem with her taking this to the County Corimmission regarding. outsourcing after three years. He reviewed the proposed costs. He said they want to move forward and Longwood was the only city not passing the; agreement. Mr. Sizemore spoke to the manager of the program today and he touched on some of the items listed in the agenda item. He said they were eager to get started. Commissioner Sackett stated the :point Committee meets this month and it was not on the agenda. He said it sounds like if they can opt out, it would be okay to move forward. Mr. Drago said the key issue was the funding mechanism. Commissioner Bundy said it bears no resemblance to the program presented early on. He recommended the City continue our own spraying up until they see what they irre goring to do. Mr. Drago said they would continue to spray until this Advisory Committee gets going and was up and running. The City will continue to ~ spray and. if they need to fil]. in on a supplemental basis when they start, ~' then the City can do that. CC 08-06-0"x/231 Deputy Mayor Holt asked if the City Administrator would be appointing someone to serve on the board.. ,~i Mr. Drago said he would appoint .someone unless the Commission desires someone. sit on the board. Commissioner Bundy moved to approve the Memorandum of Agreement and continue the City's program until it is started. Seconded by Commissioner Sackett and carried by a three/one roll call vote with Deputy Mayor Holt; voting nay with Commissioner Anderson. absent. 12. CITY ATTORNEY'S REPORT. Ms. Roper said back in June she prepared aright-of way agreement for the. Bernard's on Tullis Avenue to have use of the City's land and that was submitted through Mr. Sizemore. to their Attorney, Richard. Taylor. Since then she has had no direct contact with Mr. Taylor., However, she has seen e-mails between Mr. Taylor and Mr. Sizemore stating he thought the right-of-way agreement was too restrictive on his. clients. She said it was specifically written to only apply as the Bernard's,, being the property owners, using. the property. If they transfer the property or sell their business the right-of--way would cease to exist. She stated she believed that was the problem with the agreement as written, however, she has not heard from their attorney. He did say it was too restrictive and he would talk to his clients. ~~ Commissioner`Bundy said they were moving the business. NIr. Drago said he had Mr. Sizemore take a pichue of the property and asked Mr. Sizemore to explain what the developer of Liberty Plaza was complaining about. Mr. Sizemore said the developer of Liberty Plaza has had some issues with them accessing through his property. The Acting City Attorney has received copies of his letters. The previous owner of 2006 wrote a letter to Assured Appliance notifying they were trespassing. The attorney for the developer of Liberty Plaza has also done the same. He .said there was an issue. written into. the contract that this trespassing issue needed to be resolved in order to move forward with the project. He said the direction the Commission gave was to draft this agreement to allow use of the right-of-way and the access to the property was predicated on this agreement being executed. Ms. Roper said she has received a records request from the adjacent property owner's attorney asking for an executed agreement. She has indicated there was no executed agreement at this time. She also has been told by the attorney they are looking into legal action. Commissioner Bundy inquired if they were talking about the 25-foot right-of- ~ way: He said there was a trespassing issue to the adjacent property. He suggested CC 08-06-07/232. placing cement posts to prevent trespassing. He said the City owns the right-of- way so could they place cement posts. He said they still need to move the dumpster and clean the area. He said they were bending over backwards to allow the employee parking. Ms. Roper said the City was the owner ol'the property and the right-of--way agreement as drafted was the best way she could write it to protect the City. Mayor Maingot inquired what would prevent the City from putting up concrete barriers. 1VIs. Roper said she did not think there was anything to prevent the City from doing that since it was the City's property. She said she would look into the matter. Ms. Roper advised that Brian Pickn.ey has currently been assessed approximately $10,000 from the City. She would like permission to research in how to recover this money and report back to the Commission. It was the concurrence of the City Commission for the Attorney to research this matter. 13. CITY CLERK'S REPORT. No report. `' :L4. ADJOURN. Mayor Maingot adjourned the meeting at 11:25 p.m. t/~ John C. Igot, lYlayor ATTEST: Linda ~. Goff, Dehu ity Clerk ~~ CC 08-06-0 J/233 This page intentionally.left blank. CC 08-06-07/234