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CCMtg10-15-07MinLONGWOOD (:IT~_' COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida M][NUTES Octotrer 1°.i, 2007 7:00 P.M. Present: Mayor'John C. Maingot Deputy Mayor Mike Hoyt Commissioner ILG. "Bu1:ch" Bundy, Jr. Commissioner Brian. D. Sackett Commissioner Dan Anderson Teresa S. Roper, City Atlorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Tom Smith, Division Manager of Streets/Fleets Carol Rogers, Director of Financial Services Richard Kornbluh, Division Manager of Utilities Marilyn Douglas, Purchasing 117anager ~~°' Craig Dunn, Computer Services Manager Lt. David Dowda, Police ]Department Paul Sizemore, Director of Community Services Danielle Adzima, Community Development Coordinator Ryan Spinella, Executive Assistant Laurie Mooney, Fire Chief 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:03 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Minis read the following announcements: A. 'Senior Matinee will be held on October 17, 2007 from 1.:30 p.m. until 3:30 p.m., Longwood Communi y Building, 200 West Warren Avenue. B. Oil Painting A to Z- Student Art Show will be held on October 20, 2007 from 10:00 a.m. to 2:00 pan., Longwood Community Building, 200 West Warren Avenue. ~ C. A BXue Grass Pickin' will 16e held on October 20, 2007 from 7:00 p.m. until 10:00 p.m., Lonbwoo~d Community Building, 200 West Warren Avenue. CC 10-15-07/305 D. CITY OF LONGWOOD FALL FESTIVAL Safe Alternative to Trick or Treating October 26th and October 2~h Haacnted House (Only) - 7:00-10:00 p.m. FALL CARNIVAL Wednesday, October 31St HALLOWEEN Carnival- 6:00-9:00 p.m. Haunted Hoarse (Only)-7:00-10:00 p.m. Y*~Children's Costaame Contest (ages 0-12) yx" Starting at 6:00 p.m. (pre-registration 5:00-5:45 p.m.) At the Longwood Police Department, 235 tiVest Chaarch Avenace 4. RECOGNITIONS/PROCLAMATION. A. District #2 Nomination of the Business. Person of the Month Award for November 2007. Commissioner Anderson nominated Mark MacGregor of Ability Rehabilitation, .851 East State Road 434. Nomination carried by a unanimous voice vote. B. Proclaiming the week of October 27-November 3, 2007 as "The Week , of the Family." - ~rJ' Mayor Maingot read a proclamation proclaiming October 27 -November 2, 2007 as "The `Veek of the Family" and presented the proclamation to Bishop Todd Hanson and Lynn Whitcom. Photographs were then taken of the presentation. Bishop Hanson presented the Commission with a plaque for proclaiming "The Week of the Family". Photographs were then taken of the presentation, ` 5. BOARD APPOINTMENTS. A. District #4 Nomination to the Land Planning Agency. Commissioner Bundy deferred the nomination. 6. PUBLIC INPUT. A. Public Participation. Joe Rosier, 559 South Country Club Road, Lake Mary, said he is a candidate for the District House N.o. 34. He said he is very involved in the community and has resided in Lake Mary for twenty-eight years. Connie Adams, 279 East Jessup Avenue, said she spoke to the Codes ~~ Enforcement Officer last week, and she was told whether to go forward with the civil lawsuitthey have against the City was in the hands of the CC 10-15-07/3.06 City now. She advised her Attorney has been in touch with the City, Attorney regarding the terms. of their agreement. She inquired if there was 1 away the Commission could motivate a response. Ms. Roper said she was currently working on the matter. She advised she was interacting with Ms. Adam.' Attorney and Ms. Adams would need to inquire through her Attorney. 7. CITY ADMI1vISTRATOR'S R:EPOP:T. Mr. Drago said Ms. Meli has indicated i:or the past two years that no one has showed up for Blue Grass in December. They would like to cancel Blue Grass for the month of December. It was the consensus of the Corrunission. to cancel Blue Grass for the month of December. Mr. Drago said the Commission requested he come back with information in regards to the Community Building and the Arts & Crafts Festival. He said the options were to not do anything, block everything off as previously done, or block the grass area leaving the front entrance open, He stated there would be the choice of whether to remove the fiuniture; from the porch. Commissioner Anderson said it was never his intention to open the doors, but to have the front porch,available for people to sit. He stated he understands blocking off the grass and flowers. Mr. Drago said the question was i:Fthey want the furniture left out. Commissioner Anderson said that was the City Administrator's judgment call. Commissioner Sackett inquired if it wouad be the orange fence blocking the grass. Mr. Drago said.Mr. Smith was going to ;;et a sample of the green fencing. He stated he knew from experience, the public would, take advantage. He suggested leaving the front open to the porch area i=or people to walk around. He reviewed the areas that would need to be blocked. Deputy Mayor Holt said he would like tc~ see the building blocked. He said if they don't, they will need ash trays and trash cans placed there.. He stated it would be expensive to keep. it clean and children would be tempted to climb on the railing. Commissioner Bundy said if they were €;oing to have it open, then the furniture needs to be removed. He suggested posting signs that no food or beverage is allowed. He stated a police officer will be close by to patrol the area. If there is any adverse affect they will know not da it next year. CC 10-15-07/307 Mayor Maingot said he would like to see the furniture removed, and have signs placed for no food or beverage. Deputy Mayor Holt said it sounds like it is going to be open. He inquired how many ingress/egress areas would there be. Mr. Drago said the front, gazebo, and back would be open. He stated if it seems to get out of hand, then it can be shut down. He stated he would barricade the water feature and staff would monitor the crowd and make sure people were in order. Mr. Drago said each Commissioner received a copy of the Ad Hoc Sign Committee's recommendation. He stated the Commission had previously indicated they wanted to hold a Workshop to discuss the recommendations relative to the Sign Ordinance. Commissioner Bundy said they did not need to' hold a Workshop. He said their suggestion could have been handled that. night since they recommend no change. He stated he was disappointed that only three. members showed up to the. two meetings. He said he explained to his appointee that there were going to be some changes and this was~their opportunity to discuss the matter. Commissioner Anderson said he was also very disappointed. He said some of the most vocal people who were appointed to the Committee didn't show. He stated this was their opporhmity to suggest how they would make changes. He said the .,_,%' Commission would need to take some time to talk through how to proceed. He ~ inquired if they need a Work Session for this or discuss it at the end of a meeting as an agenda item. Mayor Maingot said it would require about an hour for discussion. Commissioner Sackett supported Commissioner Anderson's suggestion of placing it on the end of a meeting as an agenda item. He said he vas disappointed in the recommendation of doing nothing and stated that something, needs to be done. Mr. Drago said they would place the matter on a fiih~re agenda. He stated not too long ago, a former Building Official wanted to move forward as an agenda item to condemn some stnictures in the City and the matter was postponed. The charge was for the Building Official to meet with the property owners and go to they property for review. He advised that for one of the properties the demolition permit has been pulled. Another property off of Wildmere, the Attorney for the property owner has indicated they would be pulling a demolition permit forthe single family stnicture. He said the owner of the mobile home could not be located.. He stated notices were sent by certified mail and according to the law they have posted the vacant mobile home with the letter. He reported the last property owner owns two properties and the procedures were followed sending him certified letters.. The Building Official went to his place of work and his ,v< property without being able to see him. In accordance to the law, he posted the two properties. He said the owner took offense to this and called the Police CC 10-15-07/308 Department and issued a trespassing vialation against the Building Official, so they have been required to file additon~~l paperwork. He stated they would see this item in the future as an agenda item. Commissioner Bundy said he had a conversation with the property owner in question and before this gets too far out of hand, he could arrange for the Building Official to go onto the property. Mr. Drago said they want the Building Official and Fire Marshal to be able to inspect the property.. Commissioner Bundy said he would set up a meeting with the City Administrator, Building Official, and Fire Marsh~~l. 8. MAYOR AND COMMISSIONERS' REPORT.. District #4. Commissioner Bundy reported he attended the Florida League of Cities Work Session for Municipal Services Delivery Council. He said the fimding. mechanism for Affordable and'vVorkforce Housing is due to sunset in 2008. ~He stated the Committee, has come up with a sample Resolution that he would like to bring to the Commission at a fixture meeting for their consideration. District #5. Commissioner Sackett said the Urban Planning.. Council Comm.itfee was .charged with .growth management and fimding, mandates. He stated they discussed the drain on water and decided that the Bottle Bill that some cities along the, coast were. supporting would be laid to rest until they see what the State does as far as going green. He .said he would like to see a large sign at the 434 widening that states they are not in the City of Longtivood to contact the County. Commissioner Sackett discussed t:he proclamation presented earlier and said. that 5% o% more of the children who go to Longwood and Woodlands Elementary School do not have the family to go home to. He said there. was a huge request within the City for people: to mentor children. He said Seminole County Schools has a workshop on November 8th on meritoring children. District #1. Mayor Maingot reported th;~.t he attended the Harvest Moon Ball on October 3`a it was successfiil. He visited. a 92 year old woman on October 3`d to discuss the Commuter Rail Station. He attended a meeting on October 5th'to discuss the Property Tax Amendment. On October 8th, he attended the Longwood Area Chamber of Commerce meeting and October 9th, he participated in the inauguration of the Longwood Area Chamber. He reported attending. the Florida League of Cities Legislative Committee and their focus has been on the erosion of Home Rule. He attended the grand. opening of Northland's new facility. Mayor Maingot reported he received communication from Mayor Bush asking the. City to support Judy's Pet Rescue and adopt a Resolution supporting her for an ~"~ Extreme Makeover. He asked for the concurrence of the Commission so the Clerk can prepare a Resolution. CC 10-15-07/309 Commissioner Anderson said this came up at CALNO. He said the television show•was looking for groups that are doing something phenomenal. He explained ~ this was why they were trying to get the cities involved. It was the consensus of the Commission to bring. forward a Resolution. District #2. Commissioner Anderson reported on Friday at the Fiscal Stewardship Committee where discussions were held in regards to the restriction on ad valorem tax. He stated they were infuriated that 180 cities chose not to go with the roll back rate. He said the League was trying to get them to tuiderstand they had set a target of $500 million from the cities that would be rolled back. The proposed millage rates were $4.80 million. Once they see what the actual adopted millage rates are, it will probably exceed the Legislature's target. He stated they essentially wanted language that would say revenue to cities shall be capped. Financial talks kept. tying cost of living out of the Congressional Budget Office, but there was nothing to account for liability or health insurance rates. He said what came from this was that municipalities try to find what works best for them. Commissioner Anderson reported that Cynthia Coto gave a presentation at CALNO on the County's 40 year Master Plan. They are looking at how to consolidate operations and she reviewed their budget. Commissioner Anderson said Northland has been working on getting people to volunteer and to address community issues. He said one of the items discussed today was affordable housing. He stated he would like to connect these people with Commissioners to address specific matters. He said people were very effective in helping in areas previously mentioned with regards to mentoring children. District. #3. Deputy Mayor Holt said he appreciates listening to these types of issues. He stated this Commission always strives to the best for children. He reported the Mayor was at the ribbon cutting ceremony at the Historic Civic Center and showed support. He referenced a memorandum from the City Administrator regarding the sidewalk project. The contractor and the County had different drawings and this was now moving forward: 9. CONSENT AGENDA. A. Approve Minutes of the October 1, 2007 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for November 2007. C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for September 2'0.07. D. The Utilities/Customer Service Division of the Financial Services ~~ Department recommends the City Commission approve a three year CC 10-15-07/310 ~, piggyback contract, in the. annual amount of $14,000 with Advanced i Xerographics Imaging Systems, Inc. (AXIS) for all costs related to the printing and mailing of t:he monthly utility bills and authorize the City Administrator to sign all appropriate documents. E. The. Fire Department recommends the City Commission approve a Blanket Purchase Order for Ten-8 Fire Equipment not to exceed $40,000 and authorize th.e Cit3~ Administrator to sign the Purchase Order. F. The Community Development Division of the Community Services Department recommends the City Commission approve awarding a work authorization with Metz¢;er & Willard, Inc., for professional general engineering services for.the amount of $33,280 and authorize the City Administrator to sign all appropriate documents. G. The Community Development Division of the Community Services Department recommends the City Commission approve the purchase order to All American Aquatics Company for the amount of $33,159.96 for aquatic management services and authorize the City Administrator to sign all appropriate documents. H. Utilities Division of the Public Works Department recommends the City Commission approve a purchase order with Mueller Service Company, Inc. in the amount oaf $39,0.00.00 for fire hydrant maintenance and repair ifor the remainder of the fiscal year and authorize the City Administrator to sign all appropriate documents. I. City Administrator recommends the City Commission approve a purchase order in the amount of $54,54.0 to High Tech Engineering, Inc. for utility locating services and authorize the City Administrator to sign all appropriate documents. J. The Purchasing Division of the. Finance Department recommends that the City Commission approve a piggyback contract to The Gordian Group to provide professional consulting services and software for Job Order Contracting (JOC) ,end authorize the City Administrator to sign all appropriate documents. K. Computer Services Divisiion~ of the Financial Services Department recommends. the City Commission approve a contract and purchase order in the amount of $E-7,,260 to The Revere Group, Inc., for Information Technology (IT) infrastructure managed support services and authorize the City Admini>trator to sign the appropriate documents. L. Utility Billing Division of the Fiinancial Services Department recommends the City Commission approve. a purchase order in the CC 10-15-07/311 amount of $42,000 to Severn Trent Environmental Services, Inc. for ~ meter reading services and authorize the City Administrator to sign the purchase order. • M. Finance Division of the Financial Services Department recommends approval of audit engagement for the annual audit for fiscal year 2007 to McDirmit, Davis, & Co. for the fee of $28,200 and authorize the City Administrator to sign the engagement letter and purchase order. N. Computer Services Division of the Financial Services Department recommends the City Commission approve payment in the amount of $72,852 to Sunguard H.T.E., Inc. for annual software access, maintenance, upgrades and support. O. The Building Division of the Community Services Department recommends the City Commission. approve a purchase order `vith Page, Dixon, Chandler, Smith (PDCS) for building official, plans • review, and inspection services for $220,000.00 and authorize the City Administrator to sign all appropriate documents. Commissioner Anderson moved to approve the Consent Agenda as submitted. Seconded by Deputy Mayor Holt. Discussion was held regarding Items 9 G, I, and O. Motion carried by a unanimous roll call vote. 10. PITBLIC HEARINGS. A. The Community Development Division of the Community Services Department recommends the City Commission adopt Ordinance No. 07-1850 to vacate and abandon a five (5') foot by thirty-eight (38') foot section of an easement described in the official plat book 20, pages 97 and 98, located on the property addressed as 1091 Sonoma Court. Ms. Roper announced having proof of publication for all the public hearings listed on the agenda. She then read Ordinance No. 07-1850 by title only. Ms. Adzima said the applicant has a five (5') foot by thirty-eight (38') foot portion of his pool that encroaches into the fifteen. (15') foot utility easement. Therefore, staff cannot permit a structure which encroaches into an easement prior to it being vacated. She said at the vacation of easement at the October lst meeting the Commission inquired how far the easement ran along the subdivision. She. advised this nms the •perimeter of the subdivision platted as Windtree West. Earlier this year, the Commission ~~ did approve a vacation very similar to this at 1100 Sonoma Court. She advised there was a two inch. steel gas fine that runs along the perimeter CC 10-15-07/312 ~ within the easement and since the gas line was not directly under the encroachment, Florida Public U~:ilities had no objection. All other utility companies submitted letters of n.o objection. Mayor Maingot opened the public hearing. The following spoke in favor to the Ordinance: Ken Pawlowski, 1091 Sonoma Court, said it was his request that the portion of the easement directly under his. pool be vacated. They purchased the house with an exi;>ting pool and he assumed it was previously permitted and legal at that time. He said the enclosure needs to be replaced and in order to do sa they need to follow the requirements to have this vacated.. He stated neighbors and utilities have all signed off on the request to vacate and abandon. No one spoke in opposition to the Ordinance. Commissioner Anderson moved to close the public hearing. Seconded by Deputy Mayor Holt and carried by a unanimous voice vote. Commissioner Anderson moved to adopt Ordinance 07-1850. Seconded by Deputy Ma.~or Holt and carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission approve or deny the requested variance (VAP:12-07) to the Historic District Code Book for the property located within the Historic District at 152 West Warren Avenue. Mayor Maingot announced this item was quasi judicial. He then reviewed the :procedures for aquasi-judicial hearing, Ms. Roper swore-in the witnesses. Mr. Sizemore said this vas a variance request for the property at 152 West Warren Avenue. He stated this was a contributing structure in the Historic District and as such, any variancf; requests to requirements of the Historic District Code Book come before the City Commission. He stated the first variance request. was to reduce the number of required parking spaces. He reviewed the site development plan for the property. The second variance request was to reduce the rninimi.un drive aisle width. The final request was to be able to .replace the existing asphalt shingle roof with a new ~ asphalt shingle roof that would match the current roof. They are not able to provide direct evidence of the original roofing of the building. He said the visioning pages in the l:~istoric District Code Book identify metal roofs as being characteristic of the Florida Vernacular Style home. He stated CC 10-15-07/313 they began to look at other similar structures within the District and identified several homes within the same era as the Lewis House and six ~ of these properties have retained a metal roof. He reviewed pictures of these properties. This information was relayed to the applicant during pre- application meetings, and at that time they indicated' some of the leakage' problems were going to be repaired by the previous property owner. They did not think they would be affecting more than 5`0% of the roof. He explained in the non-conforming section of the Development Code, if there is an element of a structure that is non-conforming you can replace or repair this up to 50% and. once that threshold is tripped then one must comply with the current code. On May 25~', a permit application was submitted to re-roof asphalt shingles to match the original shingles. This permit was erroneously issued by the Building Department without verifying that less than 50% of the roof material would be replaced. Once the work commenced, staff recognized this permit may have been issued in error and verified it was a complete roof permit. He advised the permit was immediately voided with staff contacting the contractor asking them to secure and dry in the area that had been removed. In June, the City drafted and provided an agreement to the applicant that would allow the applicant to replace 47% of the roof that had already been removed with asphalt shingles and indicating there was 3% left prior to reaching the 50% threshold. Once the threshold was reached they would be required to come into compliance with the requirements of the Code and install a metal roof. He advised the applicant did not execute'this agreement and along ~~ with their variance request they have asked to come before the Commission to request the asphalt shingle roof be allowed to be replaced in its entirety on the tnicture. The applicant has submitted some evidence they were able fo gather following the removal of the rear portion of the roof. He had a sample of some of the roofing material that was removed from under the shingles. The roofing contractor submitted' a letter stating this did come off of the house while he was performing the work. He said they also attempted to contact the previous property owner and spoke to their daughter.who submitted a letter where she gives her eye witness account of living in the house from 1945 and the roof was asphalt rolled roofing material. Research has revealed in 1903 asphalt shingles cut from rolled roofing first became available. By the time the building was constructed in 1910 these products did exist. He advised they have consulted with the. City's architectural consultants and reviewed the information gathered. It is of their opinion the metal roof material was the most appropriate in compliance with the Department. of the Interior Standards for Rehabilitation of Historic Strictures, even in light of the fact that there were some periods of time there appeared to be asphalt rolled roofing on the building. Phil Daimwood, 390 Wilma Street, said regarding the variance issues, he was representing property otivners, ,Sid and Sherry Allred and Donna ,~ Maxwell, who purchased and closed on the property in May. They desire to convert the building to a coffee hoLise/small gift shop. He said after CC 10-15-07/314 meeting with staff it was ~~eterniined the direction they needed to go, in terms of areas that would require a request for variance. He advised the re- roofing issue was not part of the: initial discussions. He said relative to the site configuration and the deficiency in the onsite parking, the original layout provided for a pull in and pull through driveway. However, due to traffic and safety concerns this was not allowed and cost them. one parking space. He said based on the sizf> of the building and rounding up, six parking spaces are required. There are ttivo spaces that are on the parcel and there is ample stacking. He said he understands there is a code concern regarding stacked: parking. They request the Commission grant a variance for the number of parking spaces required. He pointed out there were ample spaces within 200 feet in the City lot in front of the Hotel. The second issue is the side yard drive lane width requirement, which is 12 feet. He advised there was 11 feet available. The third issue is the roofing issue. He said as an architect they have been involved with a considerable ntunber of historic structures. He advised he presently held ownership of two contributing structures in this District .and they take exception to staff's requirement of a metal roof. He stated this would create a hardship on the property owners. Tlae property owners have requested the roof be placed with like kind; the same architectural dimensional shingle. He said the 50% requirement for placement, in his opinion, should not come into play due to the occurrences of th.e initial issuance of the permit wherein almost 50% of the roof was torn off. In his opinion, it would be an incorrect point of departure for t:he Commission to sanction staff's recommendation. Documents wF;re distributed that he said represented a capitulation of the chronological issues in the roofing situation. Deputy Mayor Holt inquired if the building was inspected prior to being purchased. Mrs. Allred responded in the affirmative. Deputy Mayor Holt asked if the inspection revealed any damage to the roof noted by the inspector. Mrs. Allred responded in the affirmative. Mr. Daimwood said the original permit was issued to re-roof the entire facility. Before the permit was revoked, approximately 47% of the existing roof was removed which he pointed out on a photograph.. He stated as he understood it was the eastern field of the roof and the southern field of the .roof behind the chimney. Deputy .Mayor Holt inquired how much of the roof had failed according to ~, the inspection. Mrs. Allred said the inspector indicated there was a part to the .left side, of the chimney that was soft and needed attention. She stated there was more CC 1~0-1.5-07/315 damage than revealed by the inspection. The previous owner said he would hire someone to patch the area, which he did. She stated when they `-~ went on the roof it was soft and needed attention. She advised that none of this was picked up in the inspection. She stated she had pictures of damage that has occurred since the roof had been removed. Deputy Mayor Holt said Exhibit A was some type of rolled roofing. He inquired if this was what they were pleading this to be. Mr. Daimwood said he had not seen the evidence, but he suspected it was the old rolled roofing which was an asphalt product. He stated it was not an underlayment and in his opinion the original roof would have been rolled roofing, not necessarily metal roofing. Deputy Mayor Holt said there was a limited amount of products to be put on roofs in that time period. He said they normally would place an underlayment and then place. metal roofing on top. When the metal roofing was 'removed they would place the next product on which was a substandard asphalt shingle. He stated in his opinion that was used as an underlayment and during that time it had asbestos in it. He inquired if staff had done any tests on the product. If the product has asbestos, then they have a whole different scenario. He said he would Iike this researched as soon as possible. He asked the applicant why they did not want to place a metal roof on the building. ._.%; Mrs. Allred said the reason she does not want to put a metal roof on was because every pieture~ that exists of this house shows the green shingled roof. She said they did not want to change anything and wanted the house to be justthe way it is. They bought the house with the intent to maintain the historic character of the house and keep it just the way it is. She reiterated there has been a lot of damage that has occurred since the roof has been removed. She stated when they pulled the permit the-tar paper was placed. If the permit had not been approved, then they would have just done repairs to the front part and not have torn off half of the roof. She provided the Commission with a copy of the permit, and the application for the permit as well as citing from the State Standards of Construction to prove that it was quite possible that the roof had always been a green shingled roof. She affirmed this would be a financial burden at this point and they could not afford to place a metal roof since they must repair all of the damages that have occurred since the permit. was pulled. Deputy Mayor Holt reviewed the requested parking by the variance to reduce the number of parking spaces required by Code and asked if the thought process was to design and utilize public parking for the business. Mr. Daimwood said they did not see any other alternative. He stated if the parking was not granted then it would become a residential property. CC 10-15-07/316 Commissioner Bundy asked Mrs. Allred if they discussed with anyone prior to getting involved v~ith this properly, what would be required by the City concerning the roof. Mrs. Allred said when they purchased the house the roof was not an issue because they were told the; roof ,vas completely replaced six to seven years ago. Commissioner Bundy said. the daughter of the previous owner said the roofers took advantage of :her father and it had leaked ever since it was replaced. He stated the DeRosa's knew the roof was leaking and apparently they transferred, as required by law, this knowledge of an existing condition to the person 1:hat purchased the property from them. He inquired if the owner they purchased the property from had passed on any information regarding the ;roof leaking or that i't had been repaired. Mrs. Allred said they were told t:he roof had been replaced six or seven years ago. They were not told it had been leaking. Commissioner Bundy inquired if'it had been indicated the roof repairs had taken place. Mrs. Allred said just the one area.. Commissioner Bundy said he would think they would have legal action against the seller since this was a prior known condition subject to d1SC10Sllre. He stated the financial hardship cannot be a basis for a variance. He said the .Society would love to keep. the shingle roof for the Bradlee-MacIntyre House. However, when it is replaced it will have to be a metal roof. He pointed out there had also been an error made previously with a permit issued to the Church that was corrected with a stop order being placed. He said the iirtent of the Code was using materials that were available and. could have been used. He stated they were asking to use a product that was not available for 50-60 years later, an architectural style shingle.. This makes no attempt to capture the essence of what the original roof was. He said he was trying to find a balance that would protect the integrity of the Historic District. lie stated they want to be business friendly, but they need to have something to base it on. Mrs. Allred reiterated if the: permit had not been.issued to begin with, then the back of the roof would :have n.ot been torn off. Even though the permit was issued in error, the roofer spoke with the Department the morning they were working on the roof and the inspector looked at everything they had and said they were doing a good job. There was a question about the ~, slope of the. front. porch and back porch and whether tin would work on those two places due to the pitch. 'She. stated this was why they said the shingles would work reallywell, ~.he water would roll off and there would be less of a problem. They started. ripping off the roof, then the, inspector CC 10-15-07/3.17 came back and stopped it, held further discussions; then the remainder of the back of the roof was removed. She said if they had taken off the front ~ of the roof, this would not be a problem because the area around the dormer was the area that needed to be repaired. Commissioner Bundy said staff does not-have the. authority to waive or issue a variance. If they made a mistake,. as soon as~this was caught work stopped which was why they were before the Commission. He stated he was trying to get enough on this to base a variance on. He said if they provided adequate-parking for employees on site, then he was not adverse to waiving customer parking since the City has parking. available. Mr. Daimwood said they wouldn't be here if the permit had not been issued. He reiterated in his opinion the original roof was rolled roofing and nobody wants to put that type of roofing back on a contributing stricture in the District. This is why they have requested the owner be allowed to replace the roof with like kind that has been there for what. they know to be 65 years. Commissioner Bundy inquired if there were any photographs of the house from the 1940's or 1950's that show this to be an asphalt shingle roof. Mrs. Allred said the daughter's father was living and she spoke to him when she wrote the letter. She stated the oldest picture was on the website ~: and in the `Valking Tour. The pictttres show a green shingle roof. She said business has been off this year and they needed to open more businesses to attract more pzople. ~, Commissioner Bundy said he was struggling with this and would like to be able. to help them out. He stated this was a very dangerous precedence they were undertaking. Commissioner Sackett said his parents' house was a rolled roof with shingles. He expressed concerns regarding the letter from ACi whether this was in support of or more of a statement of what they would like to see.. He stated the statement in the last paragraph vas more of a subjective statement rather than objective. Mr. Sizemore said the paragraph before that statement and the previous letter addresses the, response indicating it should be a metal roof in light of the US Secretary of the Interior Standards for the Treatment of Historic Strictures. He stated the summarizing paragraph was trying to highlight all of the positives of the metal roof. Commissioner Sackett said the position he was hearing was that if they had not removed this amount of the roof they would have been able to ,~.i patch it with .shingles. He inquired if there was a lease agreement in the. City to rent parking spaces. CC 10-15-07/318 ~~ Mr. Drago said it was a public parking lot and if there is an activity at the Historic Center, they wou d use the public parking. He stated they were ~ requesting the employees would park on site and the customers would park in the public parking and.le,ave, except for the handicap space in the .back. He wanted to make it clear that the parking in the front area 'ill be on grass. Commissioner Sackett said he almost feels that they need to go with the record from the 1940's. Mr. Daimwood agreed and said. the Federal guidelines under the Standards for Reconstruction state, "All elements should be substantiated by documentary or physical evidence, rather than a conjecticral design or the availability of different features ,from other historic properties. " and that is all they have here. Commissioner Anderson said as Commissioner Bundy indicated,. they have a challenge with regard to this matter. He said they need to keep in mind what people used and not everyone used metal. He affirmed he was very sympathetic to their argtune;nt that if they had been told their options were to make. a patch or spend the money to replace with a metal roof, they would have elected to leave the roof substantially alone. and make a '~ patch. He stated he understands i:hat because the City made a mistake, it does .not mean they can do whatever they want, but it is a significant contributing. factor. He inquired 'why the handicap parking.space was in the back. He said he did nc~t have a problem with customers parking in the public parking lot, but employees needed to have provided parking. Mr. Daimwood explained the. handicap accessibility was in the back due to the elevation of the building in the back. Commissioner Anderson said the drive aisle was not an issue for him. He stated he would like to find a wa;y to make this work. He said they were going to have a very hard time if they want to allow uses to be converted and they will need to make some, concessions. If the City's ..goal is to get more life into the District they need to look at how to balance this with t respecting the vision and with reality where to budge. He said he was inclined to let the roofing remain. shingles. As Commissioner Bundy stated, that was a dangerous area. He declared in this case it was a legitimate hardship. He inquired if the cost of a metal roof was double that of a ahingle roof. Mr. Daimwood said an architectural metal roof was at least three times the cost of an architectural shingled xoof. He stated economic hardship was ~ ~ not the driving issue. for this particular problem. It was an incidental peripheral issue. Commissioner Bundy inquired ghat the issue was. CC 10-15-07/319 Mr. Daimwood said it was the replacement of a like kind material. ~J Commissioner Anderson said from everything he heard. tonight it was the driving issue. It had been stated money needed to be allocated in other areas to make repairs. He stated if they grant this variance, how would there be any validity with the Code Book when another person comes in for a variance. He said there were two competing things; trying to preserve the integrity of the District, and the financial reality of trying. to make things happen. Mr. Daimwood said asphalt shingles were closer to rolled roofing than metal roofing would be. He reiterated they would not be asking for this variance had it not been for the extenuating circumstance of the permit. Mayor Maingot said they need to stay with the vision and the Code. He advised there was the availability of a grant in the amount of $5,000 for use in the Historic District. This grant can be applied for and approved by the Commission. He declared he wanted to see the shop succeed, but did not want to deviate from the Code. The Commission recessed at 9:34 p.m. and reconvened at 9:44 pem. Mrs. Allred said when they originally made up this plan and the variance request, finances were not a concern. Now that it has gone so long and '~ there is more damage to the house, finances are a big concern. She stated if they cannot get the variances she did not know if they can keep the house. She declared without the variances she cannot afford all of the repairs that need to be done. Commissioner Bundy said'he was conferring with the City Attorney to try and look for a hook without setting a precedence that any of them could live with. He stated he believed there was an emergency provision in the Historic Code that would allow the Commission to exceed the .grant for $5,000. Mr. Drago said there was a grant program developed up to $5,000. He stated this was the grant guidelines an_d the Commission was free to spend more if they desired. Commissioner Bundy said he understands Mrs. Allred wants to keep the aesthetics as they are now, but this probably cannot happen.. He would still be willing to entertain the possibility of a larger amount of money with the grant. Mayor Maingot said they could not consider the fiords this evening without an application. ~J CC 10-15-07/320 Commissioner Sackett said he does not agree that this has to be a metal roof. He said it could be a roller! roof He also does not want to bankrupt anyone over this situation, but finances should not be a part of it. He said this was quasi judicial and they should move on in the procedure. Deputy Mayor Holt inquired if the variances could be acted upon separately. Ms. Roper responded in the. affirmative. Frank Ramsour, 172 West: Warren Avenue, said he would keep this in the spirit of general comments. He said he sees a body ready, willing, and able to look to the vision and' make this. City what i't's supposed to become. He said it was a sense of community where they work as a team to accomplish :the things they have before them such as the brick streets, sidewalks, lights, ways to handle parking, and open ne~y businesses. He said if this City wants to move forward as a. sense of community, they need to come up with the methodology t:o accomplish what they want to do. He said maybe there was a chance to modify the. Code. He stated they need. to have the vehicles; the financing and a way to accomplish helping people get started. He declared when biiyitig their property they were told the front would be bricked and there would be parking in front of the property. As time went on there were no parking signs placed in front. He discussed the possibility of sharing ADEN parking accommodations. He said he was willing to accommodate and give her a parking space in order to get the business up and running. Commissioner Sackett n•,:oved to extend the meeting. Seconded by Mayor Maingot and carried by a unanimous voice vote. Mrs. Allred said they bought the. house with the intent to add more businesses to the community. When they first bought the house, from what they were told, they thought they would be able to move right in. Sh.e stated a lot of things have changed and she learned that everyone should have a real estate lawyer. She said she loved this house and wanted it for a business for her daughter. She did not think they would have the problems they have encountered. She stated their original goal was to be open in July, and then they wanted to have the shop opened in time for the Festival. She said her lease at thf~ Enchanted Cottage was. up in February • and if she cannot get this store open she will probably close the Enchanted Cottage since business has been bad. She stated there have been a lot of mistakes made and they do want. a business. She said if they are required to have a metal roof, then maybe: they can work with the Commission to obtain a grant for more than $5,(100. She aff rmed they were told the cost ~ would be about $40,000 and thai: was before all of the damage that has occurred since the roof was removed. She thanked the Commission for their time and hoped they can work together to make the Enchanted Two and Brew a reality. CC 10-15-07/321 Deputy Mayor Holt moved to close the public hearing. Seconded ~ by Commissioner Bundy and carried by a unanimous voice vote. Mayor Maingot suggested they entertain motions on each item separately. Commissioner Anderson said what they just heard was that they have people trying to breathe life into this District. He stated all of the rules and codes are there to protect the integrity of buildings. However, the buildings don't mean anything without people and life to go in them. He declared they need to find a way to put people in the buildings. One of the ways is with the grant money. He said they have the opportunity to put up so many restrictions that nothing would move forward: He stated when he voted to adopt the Historic Code there was an aesthetic preference for the rrietal roof and many period structures do look better with this. He said in reading the national guidelines, in the absence of direct documentation to stay with what is already there. He declared they should put it back to the earliest doeurnentation they have. He stated if they need to avoid setting the wrong precedence; he would be inclined to revisit the Historic Codes and amend them to say they will restore buildings back to what they have documentation for. He suggested the building needs to be done the way the pictures were presented. He said they' are in a spot where people are stniggling to make it work here and unless they find a way to facilitate this they would have a bigger problem. Commissioner Bundy inquired if they were required to act upon the variances individually. Ms. Roper said she had not seen the applications. She suggested it may be easier to act upon them individually. Mr. Sizemore advised there were three distinct variances by one application. Commissioner Bundy moved to grant all three variance requests per the application. Seconded by Commissioner Sackett and carried by a four/one roll call vote with Mayor Maingot voting nay. 11. REGULAR BUSINESS. A. ~ Police Department requests the City Commission read by title only, and set November 5, 2007 as a public hearing date and approve the first reading of Ordinance 07-1852, which establishes a program designed to recover emergency responder costs relating to traffic crash investigations. Ms: Roper read Ordinance No. 07-1852 by title only. CC 10-15-07/322 ~ Commissioner Bundy moved to approve the first reading of Ordinance No. 07-• 1$52 .and set November 5~ as the public hearing date. Seconded by Commissioner Sackett. Mr. Drago advised the wa.y the Ordinance was written, government vehicles, including school buse", were not exempt. He inquired if the Commission desired to exempt ;government agencies. Mr. Bundy said he would be in savor of exempting other governmental agencies. Deputy Mayor Holt disagreed acid felt. government agencies should be billed if they were at fault. Commissioner Anderson inquired if this. was sent when there was determination of fault, or was it to anyone involved. Mr. Drago advised fault was not the issue. He said if the vehicle was registered to a person, business, corporation, or entity whose address is within the corporate limits of Longwood, they are exempt. This is geared toward the owner of the vehicle, not the driver, so if the vehicle is --- registered out of the City Limits:, they will be sent an appropriate bill to pay the fee. Commissioner Anderson inquired if anon-resident was driving through the City and someone hits them,, are they going to receive a bill. Mr. Drago responded in the affirmative and said it was applied toward the insurance carrier. Commissioner Anderson said if They were the person at fault and caused the personal damage he would not have a problem establishing a claim against them. He said it feels wrong if they are the victim. He stated you would not want to be victimized a second time by the very people you have asked to help you. He; said lie could not accept the Ordinance as written. Deputy Mayor Holt said tY~.ere ~v~~s investigation and time involved by our Police. Department. He stai:ed this would go directly through the insurance companies and they would settle the matter. He said this was a good Ordinance and the intent vas to ]ielp the City in paying for some of t:he cost of services supplied to the p~~iblic. Commissioner Sackett read an ea:cerpt from the Ordinance and said it did ~, not go to the victim,. but to the person who caused the accident. It also states the City Administrator can amend as he sees necessary. Mr. Drago said it goes to the insurance company, not the victim. CC 10-15-07/323 Ms. Roper said in reality insurance companies would argue as to who was responsible. Mr. Drago said the program presented was'regardless of who was at fault, vehicles irivolved in an accident who were not residents of the City would be billed. Motion carried by afour/one roll call vote with Commissioner Anderson voting nay. 12. CITY ATTORNEY'S REPORT. 1Vls. Roper reported the easement was blocked at Assured Appliance as the City discussed an'd instructed at the last meeting. She .also received a letter from the applicant's Attorney, Mr. Taylor, and he had asked to be placed on a future agenda. to address the Commission regarding the 20 foot easement on both sides of each property. She advised that since then she .had received an unofficial notice from his office that he maybe withdrawing from this case. She said she would keep the Commission informed regarding this matter. Ms. Roper said she would like direction from the Commission to contact Mr. Pinkney's last Attorney of record regarding his being. issued excess sewer credits and possible reimbursement to the City. Mr. Drago gave a brief history of the matter where Mr. Pinkney was granted a waiver of the sewer fees. He said in checking-the agreement, Mr. Pinkney had received in excess of $12,000 of credited fees. He said there was also an excess in stormwater fees. Ms. Roper advised in 2006 the prior City Attorney had sent a letter to Mr. Pinkney's Attorney requesting they negotiate some. type of agreement. She has not seen any response and would like to follow up on the matter. Mr. Drago said there was a code violation regarding the tree issue and has not received the Certificate of Occupancy. There'was another building that has not been completed and he does have some vacant lots that he can build on. He advised the cap on the credits was $45..,000 and he received over $12,000 in credits of which he was not entitled. It was the consensus of the Commission for the City Attorney to look into the matter. 13. CITY CLERK'S REPORT. No report. ~. CC 10-15-07/324 14. ADJOURN. Mayor Maingot adjourned the meeting at 10:36 p.m. John ATTEST: . ~t~ Sarah 1VI. Miru,s, CMC City Clerk CC 10-15-07/325 .~ This Page Left Blank Intentionally. ~; CC 10-15-07/326