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CCMtg10-01-07MinLONGWOOD CITE' COMMISSION Longwood City Co~nnission Cha~lbers 175 West 'Warren Avenue ]Longwood, Florida 1l~I][NU7'ES OCTOBER 1, 2007 7: ~00 P. M. Present: Mayor John C. Maingot Deputy Mayor Mike Holt Commissioner H.G. "Burtch" Bundy, Jr. Commissioner Brian D.',3ackei:t Commissioner Dan Anderson Teresa S. Roper, Acting City Attorney, John J. Drago, City Administrator Sarah M. Minis, City Clerk Tom Smith, Division Manager of Streets/Fleets Richard Korrrbluh, Division Mtanager of Utilities_ Craig Dunn, Computer Services Manager Fran Meli, Recreation Pi•ograrn Manager f Carol. Rogers, Director of Financial Services ~ Tom Jackson, Police Chief Ryan Spinella, Executive Assistant Paul Sizemore, Director .of Community Services Danielle Adzima, Community :Development Coordinator Michael Hockenberry, Battalion Chief 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:02 p.m. 2. A ,moment of SILENT MEDITA.TIOl`1 was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENT~~. None. 4. RECOGNITIONS.. A. District #5 Presentation of the Business Person of the Month Award for September 2007 to David Leavitt, President of Al Assets of Florida, 215 Pineda Street.. Commissioner Sackett read a brief biography on Mr. David J. Leavitt and presented him with the Business Person of the Month Award for September 2007. Photographs were then taken. ,~ CC 10-01-(17/287 B. District #1 Presentation of the Business Person of the Month Award for October 2007 to Vinny Essa, Vice President and °General Manager ~ of Cafe Paisano, 182 West State Road 434. Mayor Maingot read a brief biography on Mr. Vinny Essa and presented him with the Business Person of the Month Award for October 2007. Photographs were then taken. 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Codes Enforcement Board. Commissioner Sackett nominated Judy Putz, 280 West Warren Avenue; for reappointment to the Codes Enforcement Board. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Public Participation. Sean Bole, 706 Turnbull Avenue; Suite No. 203, Altamonte Springs, said he was an Attorney representing Steve Moreira and Allied Capital Advisors, Inc. He said they would like to make a record with regards to the property located. at 425 County Road 427. He stated this has been an agenda item before the Commission on several occasions, most notably on August 21, 2006, September 6, 2006, February 5, 2007, and most recently discussed under the City Attorney's Report on August 6, 2007 and `"'~ September 17, 2007; and the matter will be discussed this evening under the City Attorney's Report. He said the subject property was owned by Mr. Moreira and there has been a site plan that has been approved. Some of the issues with regards to moving forward with the development have been due to the curb cuts for cross access with the adjacent property owner, Mr. and Mrs. Bernard. He said there has been some disagreement between his client, the adjacent property owners; and some interaction by the City. He stated that .most recently the City has been working with the adjacent property owner with regards to a right-of-way that belongs to the City of Longwood and lies to the southern. portion of his client's property. He said the issue was whether or not to continue an oral agreement or turn this into a written agreement. He said there have been notices back and forth between the Commission for his client Mr. Moreira and Mr. Taylor, who represents the Bernard's, with regard to whether or not the access across the property by way of trespass or any other legal theory was appropriate. He said there have been telephone calls back and forth between Ms. Roper and himself and between Mr. Taylor and himself as well as interaction between the parties. Communication has been between the City and his clients. He affirmed it was his client's position that this. was taking too much time. They implore the Commission at this point to make a decision to restrict the access and move forward on the approved plan. He stated this was holding up a very large development with --~' economic benefits of the land and surrounding properties. He said taxes CC 10-01-07/288 continue to increase and carryin~~ costs continue to go up. He stated they have been trying to workwith the City in order to get a resolution on this issue. He affirmed the neii;hbor has been slow to comply and continues to look for additional time. There a.re possible legal theories he believes the City Attorney will address in her.- report. One theory is whether or not the neighboring and adjacent :property has an easement. He said there was no statutory or common law right-af--way. The. only easement or right-of--way is clearly identified in the curve}~. He stated it was their understanding they only have an oral commitrnent to use the right-of--way, not withstanding the Commission's ability t:o rescind that oral understanding. He declared there have been some violations and the Commission has been waiting for them to clean up the right-of--way and to discontinue using a dumpster in the right-of--way. He said it was his understanding that they have recently begun to lease the property. He stated the oral agreement was not assignable and anything oi~'ered in concession to the property owner simply was allowed to them as a concession. He said the remaining issue, legally, is a threat of an inverse condemnation action against the City. He said he would defer to the City 7ittorney for her recommendations. lie stated they were not looking for an inverse condemnation claim. He said they were looking to vacate the right-of--way, allowing them to move forward. with the project. JoAnne Rebello, 3.01 Loch Lomond Avenue, said she would be talking ~ about Agenda Item 9 H. She said she has talked to staff and some of the Commissioners and she stial has questions and concerns about the contract available over the website for public examination. She stated she has been told it is a little different now. She said it was previously explained to her that the move to privatize ~~he Waiter Plant Operation was to save the City money. She said she has asked questions about why the City has budgeted for two Plant Operators four the past two years and have not been able to fill one position for over 18 months. She asked if it was due to a shortage of qualified personnel or due to too low a pay scale for the industry. She had been told it was due to a shortage of qualified personnel and if this is true, the economics of supply an~~ demand would command higher salaries for these positions. Also, if after 18 months the position had not been filled and the one remaining Ope:rator'was at a point of possible retirement, privatizing would make sense to her. She said she was momentarily shocked at the pricf; after reading Item 9 H. She stated she searched the contract for savings and could not find any. She said on the surface it appears to be a savings of $166,147. She affirmed she had been given a revised document 1:hat brings the savings up to $176,000. She said $73,427 of that savings was in administrative costs alone. She said they should look at actual and not budgeted costs. She stated the contract appears to benefit the Operator much more than it benefits the City. She referred to several pages in the c~~ntract and said she was not comfortable ~ with the contract and that there was not a cost savings. CC 11)-01-07/289 Ken Pawlowski, 1091 Sonoma Court, said he was here to speak on Regular Item 11 B. He said he was here to seek the vacation of a portion ~J of an easement. to the west side of his property. He said within that portion i of the easement_he has an existing swimming pool and screen enclosure. ' The screen enclosure is damaged and needs to be replaced. In obtaining a permit, he was told he needs to vacate that portion of the easement. He affirmed that he has approval from his neighbors and all appropriate utility companies. He advised this was an existing condition when the house was purchased in 1983 at which time they also had letters from all utilities. 7. CITY ADIVIINISTRATOR'SREPQRT. No report. 8. MAYOR AND CONIlVIISSIONERS' REPORT. District #3. Deputy Mayor Holt reported his last meeting of the. Seminole County Community Advisory Board was held at the new Courthouse. They were provided a tour of the Building and he said it was absolutely beautiful. He stated the Building was still too small for Seminole County needs. He said at this meeting Dede Schaffer with the Seminole County School Board wanted to team up with the Alliance. He said he would keep the Commission updated.regarding this matter... He asked for a consensus from the Commission so they can forward the matter to the County regarding the sidewalk rope project on County Road 427. He said they wanted to-place strips of sod between the sidewalk and the curb. He stated going south there is no sod. He said with a consensus they could have the City Administrator send a letter to the County tomorrow.. Commissioner Anderson inquired what the reasoning behind the opposition. Mr. Drago explained the reasoning for the opposition was the maintenance issue. Deputy Mayor Holt said there. would be no sprinkler systems. He said this was. part of'the sidewalk the Trails Committee has been working on. Mayor Maingot said this issue has been brought up previously. He said they were doing the same at Markham Hills Road. He said the sod would become weeds. Commissioner Bundy said the Engineer said this was a visual reminder that they are getting near the street. He said he concurred with Deputy Mayor Holt. It was the concurrence of the City Commission for the City Administrator to send a letter to the County regarding this matter. Deputy Mayor Holt reported the first Annual Harvest Moon Ball with Chambrel was going to be held in the Longwood Community Building. District #4. Commissioner Bundy reported Mr. Vernon Prescott recently passed _ away from a heart attack. _1 District #5. No report. CC 10-01-07/290 District #1. Mayor Maingot reported o:n September 20~', he and Mr. Drago met with Larry Adams from ACi and :;pent the afternoon on how they would handle the Commuter Rail and Longwood Station. The same evening he did a ~ presentation about the City of Longwood moving forward with their vision to SCRSC. He said three other Mayors als~~ did a presentation. On September 24tH, there was a meeting with County Chairman Henley and other County staff, the DOT District 5 Secretary and othf;r staff:, Larry Adams, Mr. Drago, and himself where they did a general review of everything that had transpired from initial contact and discussions. He said what was previously submitted was an original plan that had long been shelved acid the~,~ were still using that design. This morning they had a meeting at Earth Tech and their consultants for DOT on the Commuter Rail Stations and they made good progress. He advised they still have several issues that needed to be resolved and there is a commitment to follow through. He attended a meeting this afternoon with Tom Cloud who represents Publix. He welcomed Publix to establish a supermarket in the City and clearly indicated to Mr. Cloud that there is a vision that has been developed by the City and on this they will hold fast. They showed examples of other Publix stores in other areas of the State and said if' it can be done there; it should be able to be .accomplished in our City. He saki Publix was welcome, but would have to comply with our vision and standards. District #2. No report. 9. C®NSENT AGENDA. A. Approve Minutes of the September 17, 2007 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for October 2007. C. The Police Department recommends the City Commission accept Department of Justice Fiscal Year 2007/2008 grant funds in the amount of $16,800 and aiuthorize the expenditure of those funds for projects within the City of Longwood. D. The Police Department recommends the Cety Commission approve the purchase of sixteen (l.6) 2008 Ford police vehicles from Don Reid Ford, in the amount of $324,092.00 and authorize the City Administrator to sign the purchase order. E. Thee Police Department recommends the City Commission approve the purchase of six (6) 20.08 pollice vehicles from Beck Chrysler, in the amount of $133,278.00 and authorize the City Administrator to sign the purchase order. ~ F. City Administrator recommends the City Commission approve the ~ adoption of the Collective Bargaining Agreement between the City and the Teamsters Local Union No. 385 for the period of October 1, CC 10-01-07/291 2007 through September 30, 2008 and authorize the Mayor to sign the agreement. G. City Administrator recommends the City Commission approve an agreement with Roper & Roper, P.A. for the services of City Attorney and authorize the Mayor to sign the agreement. H. The .City Administrator .recommends the City Commission approve a contract and purchase order in the amount of $227,441 to Severn Trent Environmental Services,, Inc. for Water Plant Operation and Maintenance Agreement and authorize the Mayor to sign all appropriate documents. Mr. Drago requested to deal with Item 9 H .separately. Commissioner Anderson moved to approve the Consent.Agenda, Items A-G. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. Commissioner Anderson moved to accept Item 9 H. Seconded by Commissioner Bundy. Mr. Drago said Ms. Rogers put together a memorandum that was provided i to each of the Commissioners outlining the premise on why this was done. He stated it was discussed with the Commission prior to budget that the ~~ main premise was the supply of qualified operators in the marketplace. He said this was no different than the supply of qualified building officials or qualified paramedics that the City must. deal with on a regular basis. He advised, in looking at this service, the City had several options. He said they could have gone out and contracted just for the personal services and nothing else. In his opinion, this option would not have saved the City money. IIe said they looked at four firms and tried to find competent contractors to piggy back. He stated the City Attorney has recommended some language change to Page 2 of the contract. At the appropriate time, he would ask the Commission to approve the contract with the suggested recommendations. He advised the initial cost savings for the City would be $176,147. He explained why the City's administrative cost was high and said a private contractor would be handling this differently. This contractor has a multiplier for certain size plants that he uses as a benchmark when supplying figures. He affirmed if they thought. these numbers were out of line, they wouldn't have presented them with the contract. He said this would benefit the City overall. Commissioner Bundy said under this proposed contract they will provide all. chemicals, equipment, materials and supplies the City would normally provide to the Operators. Mr. Drago responded in the affirmative under the normal routine. CC 10-01-07/292.. Commissioner Sackett said he has an uneasy feeling about this and would like to delay the item for two weeks so they can see the contract written correctly. Deputy Mayor Holt inquired if billing was included. Ms. Rogers advised billing; was :separate, Deputy Mayor Holt said this was the drinking water. He suggested taking a few minutes to review the new language. Ms. Roper said it came up in conversation with the representative for Trent. He asked if language to this effect could be added. She said this was a standard clause. and was ,an extra step to try and keep any issues out of litigation. Ms. Rogers advised the parties had agreed to change the contract. At this time, they are back to the original contract as p"resented in the. agenda packet. Deputy Mayor Holt said they were taking care of everything for a very minimal cost. Conunissioner Anderson said as ;part. of the contract the Operator will make sure we are in compliance. Mr. Drago said they under;>tand that. Commissioner Bundy said in all ~~he contracts there was a Termination Clause. He said if they fail to meet the standards then they are in default of the contract. He said we have .had some serious issues in the past of non- compliance and with this there is someone to assume the responsibility. He stated with the Engineer the City was getting a greater level of expertise. Motion carried with afour/one roll call vote with Commissioner Sackett voting nay. 10. PUBLIC HEARINGS. None. 11. REGULAR BUSINESS. A. The City Administrator recommends the City Commission consider a request from the Central Florida ,Society for Historic Preservation (CFSHP) to approve a Class ASpecial Event permit for the 31S' Annual Longwood Arts and Crafts Festival with provisions. `~ CC 10-01-0'.1/293 Commissioner Bundy said he and Deputy Mayor Holt were members of the Society. He asked the City Attorney, since they did not have any ~ financial gain; they were required to vote on this item. ~ Ms. Roper responded in the affirmative. Mr. Drago .said this was in .accordance with the .Special Events Permit for the Annual .Arts and Crafts Festival. The Society is requesting the Commission consider reducing the vendor fee. Ms. Meli said the plan was laid out exactly like it was last year, except they are adding a portable toilet across from the Fire Station. The Society has decided they would go up to 32"5 booths. She said Chief Jackson will have one Officer rather than two. She said there were Officers on duty that can respond if needed. The Fire Department will have two employees and Public Works will have thirteen employees. She advised. the streets will be closed one hour .earlier, at 1:00 p.m. on Friday. Donna Bundy,. 721 Eagle Avenue, explained they shortened booths on Warren and by the Police Department,. bringing booths back closer to the central area where there are portable toilets and facilities. They did place one back at the corner of Warren and Milwee so people leaving the Festival would have a facility. She said trash cans would be at both locations. She said the maps were very expensive to reproduce and once approved she will have them reproduced. Mayor Nlaingot inquired what sort of opening they had left for the Church. Mrs. Bundy said there were the standard three booths as required the last several years. Last year, the Church request"ed they cover the front of the Church and leave more open in front of their arts and crafts and food areas. She said they have asked the Church if they had any specific requests this year and informed them they could attend tonight's meeting. They have not yet heard from them. Commissioner Sackett inquired. if the hospital had any concerns. He said Bay would be used for the vendors. Mrs. Bundy said the hospital has had no concerns and for many years they have waived their fee for security officers. She said Bay Avenue would be open and the traffic arrows were for the vendors. She said they would send out letters and provide parking passes for the residents in that area. She said they had 231 vendors so far. She stated they do this event to raise money and the Historic Civic Center has been improved through the funds raised through this event. She advised they pay $1:8,0.00 for insurance and have very little savings. They are asking the Commission to consider cutting the booth fees by 50%. She advised they have spent over a quarter ~`-J CC 10-01-07/294 of a million dollars on this building between grants and their own funding efforts and need some ass:istancf;. Commissioner Sackett inquired if K and L would change as presented. Ms. Meli said K would not change, it is for staff. She said L would change from $8,125 to $4,062.50. Ms. 11~e1i advised the past two years they have capped their total cost to $5,500 with $2,000 plus,going to City staff and the booth fee reduced down to rrieet the $5,500 for both. Deputy Mayor Holt asked how r,:rany years of the 31 years has the Society paid for booth space. Mrs. Bundy said they have always paid for the staff costs, btit they have only paid the actual booth fees the last six or seven years. Deputy Mayor Holt said the Church.has come to the Society and they have worked in unison on both e:vents. He asked if the assumption was there they would carry on in this manner. Mrs. Bundv responded in the affirmative. She said they too have an old building and this was one of their biggest fiord raisers for the year. ~ Deputy Mayor Holt said the building that was renamed the Historic Civic i Center was nothing more than an eyesore. The Society has spent fiends to bring it up to standards to make ii: an asset to the City. He said their money has been depleted and there was rnore work to be done and they continue to work to make it better. The Community Building is overburdened with rentals and with the cooperation of the City a small event could be kept in the City utilizing this building. He suggested honoring the requested half fee. Commissioner Sackett inquired if'the CFSHP fiords were not only for that one building. Mrs. Bundy said the fiends were also for the Bradlee-McIntyre and the Inside-Outside House. Commissioner Anderson said he 1'~ad no problem with helping the Society, but he suggested moving five of the booths in front of the Church to help them as well. Mrs. Bundv said they have assigned the booths already. She stated some vendors have waited 10 years for these spots. She said if they have a vacancy they would give therm extra space. Commissioner Bundy said the request from the Church would be predicated upon a request from the: Board of Elders and not from the CC 10-01-07/295 Pastor. He said the President has talked with their Board on two occasions this year. He said it would be good to reduce the booth fee. He said this ~~; event brings more people to the Historic District in two days, than in the entire year. ' Mayor Maingot suggested they place a notice on the sign in front of the Bradlee-McIntyre house regarding the festival. Commissioner Anderson moved to approve the permit and reduce the booth vendor fee by 50%. Seconded by Commissioner Sackett. Commissioner Anderson said in the past years they have roped off the Community Building. He requested this was the peoples building and during this festival they allow people access to the porch to sit. Mrs. Bundv said while the majority of the people were good, there were a percentage of people that were not respectful to other's property. She advised they rope off the front of the hotel. She suggested people would take food there from the food court. Commissioner Sackett said the orange tape was uninviting. Mrs. Bundv suggested white ropes would look more pleasant. Commissioner Anderson said it makes him feel they remove the welcome ~i mat at the same time that they ask people to visit. He said instead of the orange barricade that a temporary picket fence or akeep-off-the-grass sign would be better. Mayor Maingot said he would not agree with that even though intentions were good. He said the consequences would be horrendous. He said he would only agree to this if a Police Officer would be assigned to the area. Commissioner Anderson said he did not need to push this, but there are ways to do it. He stated Disney would not be the Magic Kingdom if you couldn't go behind the constriction tape. Commissioner Bundy said that he wears many hats and there was a lot to what Commissioner Anderson has said. He suggested, whichever way it goes, it does not reflect on the Historic Society and suggested the Administrator work out the logistics of making it more appealing without going to much expense. Commissioner Sackett said that we need to take pride in what we have and create something that is more inviting than the orange tape. He said we need to showcase what we have. CC 10-01-07/296 Mayor Maingot said he was sur~> the Administrator has heard the request and something could be done. H:e reiterated he did not agree to people .going on the porch to eat :Food. Deputy Mayor Holt suggested having volunteers to conduct tours of the Community Building during that weekend. He said they need to build a bridge for the retention arE>a. He said if they don't fence off the areas, people go through these areas ar~d cause damage. He stated the Society had to buy some fencing to keep people out of certain areas. Commissioner Anderson eluestioned how they protect the property of all of the homeowners and business owners. Commissioner Sackett suggested giving it a try. He said the monument has been left alone: His property on Bay Avenue has been left alone. He stated they need to look for the .good. Mayor Maingot suggested.havin;; the City Administrator look into the matter and come back with some: suggestions. Commissioner Bundy said they snake this fencing in green. He suggested leaving the Community Building to the Administrator's discretion. He said it was difficult to control a crowd. He gave two other areas where they put ~ up caution tape or the.orange fencing, and they came down. He said the contract stated the Society is resf~onsible for any damage to City property. If they are going to open tl:~is up, they need to exclude this from the contract. He said they haven't damaged City Hall. He said he did not want the Society to assume responsibility. Mayor Maingot said he was not in favor of it. He suggested the Administrator come back with hi.s recommendation. Mr. Drago said if he found. another mechanism, the question is, does it all get blocked or do you allow any access. He would not recommend going into the Building. He said access to the porch eoiild be tried and if the Police see it gets out of hand they can block it off. Mayor Maingot suggested a staff member could be there to police the area. Motion carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set the Public Hearing date a;> October 15, 2007, and approve the first ~' reading of Ordinance No. 07-1850 to vacate and abandon a five (.5') foot by thirty-eight (38') foot. se~aion of an easement described in the CC 10-O1-Oi'1297 official plat book 20, pages 97 and 98, located on the property addressed as 1091 Sonoma Court. Ms. Roper read Ordinance No. 07-1850 by title only. Ms. Adzima said the applicant, whom the Commissioner heard from earlier, was requesting a vacation of a 5' by 3 8' portion of a 15' by 100' drainage and utility easement. He had an existing swimming pool since 1978 that had a screen enclosure that came down during a hurricane. He is requesting the screen enclosure be reinstated. She said staff could not approve a building permit since it is located within an easement. The applicant has letters from all utility companies with no objection. She stated in July there was a similar situation that was approved by the City Commission at 1100 Sonoma Court. Commissioner Anderson moved to approve the first reading of Ordinance No. 07-1850 to vacate and abandon 5' by 38' section of an easement and set the public hearing date of October 15, 2007. Seconded by Commissioner Sackett. Commissioner Sackett inquired to initial objection dtie to the gas line in the area. Ms. Adzima explained there was a similar situation with 1100 Sonoma Court; and once the situation was explained to the utility company,. they had no objection as the gas line was not in the portion of the easement being vacated. Mr. Sizemore said there may be other swimming pools on this street located in the same easement. Deputy Mayor Holt suggested obtaining the aerial view of this area from Seminole County and also a letter from the utility owning this line documenting which properties may be impacted in the fixture. Motion carried. by a tulanimous roll call vote. C. The Community Development Division of the Community Services Department recommends-the City Commission consider a request from Temple Israel to allotiv the placement of a temporary modular structure on the properties located at 1046 and 1090 South Highway 17-92 for one (1) year, with the option of three (3) one year extensions. Ms, Adzima said this was a synagogue and there were two existing buildings located on the site that they wotiild like to use for a school and office. She stated they are requesting to place a 4,000 square foot modular building. temporarily. They plan to do a site plan in four years for a permanent structure. CC 10-01-07/298 ~ Lauren Brown, 895 Cranes Gow~t, said they have all of the funds to I completely implement the const~ucti:on of a synagogue on this site within I the vision of Longwood's planning. They would like a temporary structure so they may immediately begin using the property during the implementation and planning process for the building. She stated Temple Israel was a 54 year synagogue i:n Central Florida. During a period of transition, they sold property on .Markham Hills Road from which they netted all the proceeds needed to fully invest in this project. However, this left them with no place to worship or have their Sunday School. They hold these services in separate rented locations. She said they were anxious to move forward with this project and would like to locate the temporary structure on the property. She de;~cribed the temporary structure that would be fully permitted to' be u.~ed on the property. It was of new construction for which they would have a suitable facade that they would find appealing for their sanctuary and social hall. She advised that once they get sihiated they would begin working with an architect for the master planning of the site and construction of a permanent structure. Mayor Maingot inquired if they 1-~ave purchased the property where they plan to build the permanent: stnici;ure. Ms. Brown advised the property was under contract. This item is one of the items of due. diligence to dete:nnine whether they can use this property or seek property they can use immediately. She said they have been in contact with City staff regarding i:his matter. Commissioner Bundy said i~a relieves his concerns that they have the funds to proceed and .the City would be providing an opportunity to utilize the property while they go through the permitting process. Deputy Mayor Holt said th€: problems that they have previously had came to mind when he read this. lie stai:ed he liked hearing them say they were willing to and wanting to work with Longwood's vision. Commissioner Anderson said he has no problems and they will be his neighbor. Commissioner Sackett said :he would welcome them. Commissioner Anderson moved to approve the request to allow the placement of a temporary modular structure on the property located at 1046 and x090 South Highway 17-92 for one (1) year with the option of three (3) one year extensions. Seconded by Deputy Mayor Holt and carried by a unanimous roll call vote. ~' D. Commissioner Anderson recommends the Commission reviejv a request by the Longwood Area (:hamber for an Ex-Officio member appointment from the Longwood City Commission. CC 10-O1-07299 Commissioner Anderson said he understood this came up when he was absent. ~~ Commissioner Anderson said he would like to propose having the Mayor be the representative to this group. Seconded by Deputy Mayor Holt and carried by a unanimous roll call vote. E. -The Community Development Division of the Community Services Department recommends the City Commission approve the transmittal of the. Evaluation and Appraisal Report (EAR) to the State Department of Community Affairs (DCA) for a preliminary review. Mr. Sizemore said every seven years the City is required to do an evaluation of the Comprehensive Plan. The last document. was adopted in 2001 and this document set the stage for the base amendments they are now seeing come to fniition. He stated it was time for the City to do this seven year evaluation of the plan and this is the document being presented. He said this was basically a nm through of the issues the Commission identified earlier in the year, as well as; an evaluation according to statutory changes and requirements. He advised the next step following. approval of this document. would be to do very specific amendments to the Comprehensive Plan to set the .stage for the next seven yearn of growth and development within the. City. He said this document was completed early in the timeline to be able to have the transmittal to Department of Community Affairs (DCA) for a preliminary review. He advised it does not need to be adopted until Febniary in 'its finality. Nancy Smith, The Gail Easley Company, stated the four major issues: Mixed Use, Corridor Redevelopment, Affordable Housing, and the Commuter Rail. They also looked at each element in the Comprehensive Plan and did a brief overview with recommended actions. She advised there have been changes in the State Law since the last Evaluation and Appraisal Report (EAR) and those are .located in the Appendix. The Strategic Regional Plan is also a document they have to look at and there have been no changes to it since 1998.. She said this was a broad overview of the Plan and the recommendations are. included, but they are not the policy decisions. Policy decisions would be made during the time of the Plan amendment that will come after the review. by DCA. She advised they met with the Land Planning Agency on September 12th and they made the recommendation for approval of the document. She said they were here tonight to discuss transmittal to DCA for a preliminary review that will take 30 days. Mayor Maingot inquired if this tied in fully with the new vision for the City. CC 10-01-0.7/300 Ms. Smith said the amendment should fully implement or continue that vision. Mr. Sizemore said that this sets 'the broad overview of the Plan as it exists now. The real interesting part v~ill be following the adoption to see how some of the general ideas :raised by the Commission such as Affordable Housing and Transportation will. be implemented in the Comprehensive Plan and filtered down through land development regulations. He stated there were some good suggestions in the broad language of the EAR. He. declared this was a good start to begin the amendment process. Commissioner Anderson moved to approve the transmittal of the Evaluation and Appraisal Report to the State Department of Community Affair:; for preliminary review. Seconded by Commissioner Sackett. anal carried by a unanimous roll call vote. F. Mayor John C. Maingot recommends the City Commission read by title only and adopt Resolution 07-1811 opposing an amendment to the Florida Constitution 1:h~t would force voters to decide all changes to a city or county's comprehensive plan. Ms. Roper read Resolution No. 0'7-1811 by title only. Deputy Mayor Holt moved to adopt Resolution No. 07-1811, as presented, Item 11 F. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. Ms. Roper said she had made reference a~` the last meeting to the right-of--way situation at Assured Appliances. As indicated in her report, Mr. Taylor had stated if the City were to limit or abolish the Beard's use of the. right-of--way that it might be considered inverse condemnation. She has researched this issue and stated that inverse condemnation involve,, a situation where access to their property would be eliminated. At tl:~is point in time, she aid it was her understanding that the Bernard's oven both the parcel the City's right-of--way is situated on and the parcel next to it and they currently use more than one ingress and egress to the property. She stated this property may also be for sale as two separate parcels. At this point in time, she advised it legally would not be inverse condemnation since they own both parcels of properly. A jury would need to determine that by blocking off that right-af--way the City took away not the most convenient ingress and egress, but the most economical. At this point, if the Commission were to take action to curtail the right-of--way, in her legal opinion, it would not be inverse condemnation,. She advised if'the City waited until the situation changes ownership, they may be facing that situation in the firture. She stated aright-of--way agreement has been provided for the. Bernard's stating as long as they are using the property,l:hey have the right-of--way. Part of the agreement was for them to remove a.ll debris, dumpsters, and appliances from the CC 10-01-07/30.1 City's property. She said a signed agreement indemnifies the City from any possible liability. At this point; there is nothing signed and she did not recall an ~~ oral agreement. She said the Commission's decision would be atiming decision ~ whether they desire to continue to delay action until they see what is going to happen to Assured Appliance or if they desire to take this opportunity to do something regarding this matter. Commissioner Bundy said that the property was still trashed and knowing this issue would be readdressed he has been watching the property as he goes by. He stated the dumpster has come and gone; they have appliances outside including. eight to ten refrigerators with the doors not removed and in the right-of--way. He said they have made no effort to comply with the City's request. He would like to provide 24 hours for them. to sign the agreement and in lieu of that have the City place barricades. Commissioner Anderson said each parcel of property is required to have deeded access. A different issue is a private property owner using City property for private gain. or fimction of their business. He stated it would be very simple to tell them this was not a storage area. They could also make this a Codes Enforcement issue. He inquired if they deal with the items on the property, what the issue would be with leaving the easement there. Ms. Roper said this would still be the City's easement. They would not have permission to use it continually as they do now. She stated it is not a public right- ~' of-way so they could not use the property as ingress/egress unless the City agreed ~! to this. Commissioner Anderson said somewhere there needs to be a recorded access to the property. Mr: Drago said the property was designed to go between the two buildings. Commissioner Anderson said there were two legal properties and. by law they should have deeded access. Mr. Drago said it was designed as a court yard effect. He said as the business grew over the years they encroached in the. right-of--way. He said they still have access between the rivo buildings and the driveway has tq be a joint use. Commissioner Anderson said the City should serve notice and show the deed illustrating where the survey line is and as of Monday morning a crew would remove anything on City property. . Chief Jackson said these were residential properties when 427 was developed to a four-lane roadway and those two homes shared a common driveway. They used ' one building as a tech warehouse and the- other as a used appliance warehouse.. He ~ .stated the curb cut was a joint access between the properties. CC 10-01-07/302 Commissioner Anderson said historically there should be joint access between the two buildings. Mr. Drago said if they agree with the City Attorney's recommendation, he would suggest she send a letter to Mr. Taylor placing them on 24 hour notice. If they do not respond accordingly, then City staff' will block the property so they cannot have access. Mayor Maingot said he supports what Commissioner Bundy has stated and it was time they take action. Commissioner Bundy said refrigerators were a safety issue and if they are placed on City property we should remove there. He said the City has not held up the adjacent property owners site plan in anyway. Ms. Roper said they have a lengthy agreement, as long as the current otivners use this for employee parking. She said new occupants cannot use the right-of--way and they need to clean the area. It vas the consensus of the Commission that the agreement be signed within 24 hours or the access will be blocked. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Maingot adjourned the meeting at 9:34 p.m. ATTEST; ~2G~~~ Sarah M. AZir~ls, CMC City C"lerk John aing~(t, Mayor CC 10-~01-07/303 This Page Left Blank Intentionally. CC 10-01-07/304