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CCMtg11-05-07MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida NJ[I]viJT:~ES November 5~, 2007 7:00 P.l\~I. Present: Mayor John C. Maingot Deputy Mayor Mike Holt Commissioner H.G.. "Butc:h" Bundy, Jr. Commissioner Brian D. Sacl;ett Commissioner Dan Andex•son Teresa S. Roper, City Attorney John J. Drago, City Administrator Linda F. Goff, Recording Secre~taxy Tom Jackson, Police Chief Carol Rogers, Director of Financial Services Craig Dunn, Computer Service.; Manager Lt. Phyllis Williams, Training Clfficer '~ Paul Sizemore, Director o:f Com.munity Services Richard I~ornbluh, Division Manager of Utilities Tom Smith, Division Manager of Streets/Fleets Daxiielle Adzima, Community Development Coordinator Ryan Spinella, Executive Assistant Absent: Sarah M. Mirus, City Cleo°k (Ex:cused) 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. The following aruiouncements were made: A. A Bhce Grass Pickin' will be held on November 17, 2007 from 7:00 p.m. until 10:00 p.m., Longtivood Community Building, 200 West Warren Avenue. B. 31St Annual Longwood Arts and. Crafts Festival will be held in ~ Downtown Historic Longwood, from 9:00 a.m. to .5:00 p.m. on j Saturday, November 17, and from 9:00 a.m. to 4:00 p.m. on Sunday, ~ November 18, 2007. ~~ CC 11-OS-07/327 4. RECOGNITIONS. A. District. #2 Presentation of the, Business Person of the Month Award L% for November 2007 to Mark MacGregor, PT,CSCS, Ability Rehabilitation, 851 East State Road 434, Suite 108. Commissioner Anderson said he was honored to present Mr. Mark MacGregor of Ability Rehabilitation with the Business Person of the Month Award for November 2007. Photographs were then taken. 5. BOARD .APPOINTMENTS. A. District #4 Nomination to the Land Planning Agency. Commissioner Bundy deferred the nomination. B. District #3 Nomination to the Codes Enforcement Board. Deputy Mayor Holt deferred the nomination. 6. PUBLIC INPUT. A. Public Participation. Dan McCoy, 137 East Maine Avenue,. said he came due to concerns regarding the boil water alert. His concern was that he found out from a non-resident of the City-that there was an alert in place. This was after he and his family had received a glass of water at Wendy's in the City. His major concern was that they use the tap water in mixing formula for their infant. He stated on Thursday afternoon he received an automated telephone call from the County stating the water was safe. He never received a telephone call from the City to advise the water was possibly not safe. He said it would have been nice if they had made these reverse 911 calls in the first place.. Citizens need to know as soon as possible and need to be notified much quicker than they were. He said as of 6:30 this evening the City's website said nothing about the boil water alert. He urged that tinder the City Administrator's Report or the Mayor and Commissioner's Reports they discuss the possibility of improving the notification process to the citizens. Rex Anderson, 1504 Jay Street, said he also requested to speak along these same lines and he would not prolong this. He was also concerned about how they found out. He also received a call on Sunday afternoon from a friend in Altamonte inquiring if they still needed to boil water. He called a City employee who did not know anything about it and he called a supervisor who did not know about. it. He said he received a call back about thirty minutes later from this person who told him the. water pressure fell on Saturday morning. The call he received Sunday afternoon advised him that they saw it on Channel 9 on Sunday morning. He called City Hall Monday morning and inquired why they had not received a reverse 911 `~ call, since this was readily available through the County. He stated that CC 11-OS-07/328 several months ago Sanland.o had. a water failure and they had door hangers placed on the customers' doors as well as notices placed at the entrance of subdivisions. He said all of the, police officers had received e-mails on their laptops of the waiver failure, yet;no one in the community had been notified. He suggested the Commission needed to look into who was responsible for getting this information out, as it could be a very serious matter. Bob Lomax 1411 Parrot Way, said he was here to address a different portion of this matter. Saturday morning the pressure dropped and he did receive a reverse 911 call that came through at 10:30 Monday night. He felt like something was wrong to i:ake that long and warrants looking into. He received another reverse; 911 r•all Thursday night saying it was okay. He questioned why it would t~tlce tmtil Monday night before the first call came through. Jill Levin, 964 Cross Cut VVay, said she was here to make the Commission aware they will be having the American Cancer, Society's Relay for Life event hosted at Lyman High Schaol this year on April 11th and 12th. She advised some of the teams that participated last ,year will be going to other events. She declared it was very important for the City of Longwood to get involved with this event. Every yc;ar they like to celebrate survivors and in doing so they provide a complimentary survivor. dinner to any cancer survivor and a caregiver. She requested the Commission waive the fees to use the Longwood Community Building for this event on the evening of April 7th JoAnne Rebello, 301 Loch Lomond Avenue, said as they were aware, she was not in favor of privatizing. the: water plant operations. At the time; her main focus was the cost involved in privatizing the City's drinking water and how there would be a saving„ to the City and citizens..She still questions this supposed savings. ~>he believes we are all aware now of the situation that took place Saturday morning, October 27th. She. stated several alarms went out to the .new contracted Operator beginning at 5:39:3.8 a.m. at Plant #1 and according to the security log, not responded to unti17:19:41 a.m. She declared the time laps bettiveen the first alarm and the response time was one hour forty minutes and three seconds. This was ascertained by the security alarm being tripped at that time according to the Alarm Log Report. She stai:ed Plant #2 began sending out alarms at 7:50:16 a.m. and the securing alarm triggered at 1.3.:57:15 p.m. She declared according to the contract, the Operator is required to respond to alarms within 30 minutes and if unable to respond promptly should notify the City of this inability within 60 minutes. She said, as far as she can I determine, the Operator did not notify staff. The Mayor notified staff' of this problem. She declared one concern was the staff and training provided '~" by Severn and Trent for overall total costs, per the contract,. of $227,441 yearly. She said according to the responses made to her formal request for information, only one person is assigned to the City's water plant by CC l 1.-OS-07/329 Severn and Trent to operate our drinking water system for a total of four hours for five days equally twenty hours a week, plus a quick visit on a ~ weekend day. She inquired what happens to plant operations when said Operator is ill, has a vacation, or any other events such as getting married, when he cannot, provide the. contracted services. She knew there was a problem Saturday morning at 6:00 a.m. when there was only a trickle of water. She stated calling the main number for Public Works directed her fo call the Longwood Police Department non-emergency number. She said what disturbs her was being given inaccurate information. She was told there was a problem at the water plant and it was being worked on, not to worry, there would not be a boil water alert issued. She was asked her name, address, and telephone number, which she gave to this person. She asked why she was not called back to correct the information when an alert was issued and why was there not a plan in place to better notify the residents. She stated there has never been acitywide-boil water alert prior to this incident. She declared the fact that there was a citywide boil water alert that took place less than two weeks after this company began operating the water system should scare the City. She said she understands great strides are being put in place to correct notification of citizens. However, she believes a faster response time would have avoided the alert in the first place. She also believes staff's assistance was vital in getting the plant back up to speed and without the expertise of staff, there would have been more of a delay in correcting this problem. She stated ' according to the contract it was the contractor's responsibility to do all lab ~~ testing. She reviewed cost. comparison sheets. provided to her prior to the October 1, 2007 meeting and inquired where the cost savings was. She stated the dates on the contract were confusing. She said she did not believe privatizing the City water was a wise decision. She finds it strange there was a comparison chart on October 1St showing a substantial cost savings for privatizing, yet when asking for more detail of the costs she is told the accounting detail is not available unless she desires to pay for research and reporting. Jerr~X, 330 Isabella Drive, would like to put in a word of accommodation to the Police Department. Their home was burglarized and officers were very kind, professional and caring. He said they followed-up and provided progress reports as well as letting them know when the perpetrators were apprehended. 7. CITY ADMINISTRATOR'S REPORT. Mr. Drago said he had no report, but it may be appropriate to let the public know about the notification issue. He advised he had placed detailed memorandums in the Commission boxes relative to this. He stated the City does not~control the 911 system,. the County does. He said the City was not aware at the time of the boil water notice that we had access to the 911 system. When they learned the City had access and how it worked, the system was deployed. He advised they found ~ some other information after it was deployed and discovered it took so long to go CC 11-OS-07/330 ~ through all of the telephone numbers. He said it averaged five to seven hours to complete the citywide cycle. They found the County has 70 telephone lines dedicated and if another City was rising the reverse 911 then the time would be made that much longer to complete; the c,~Ils. He said they were sensitive not to start any reverse 911 calls beyond '3:00 p.m. when the boil water notice was lifted., He said they made sure all lines we;re available when starting this notice and this call went through better. He advised the reverse 911 system cannot. make telephone calls to unlisted numbers, digital telephone systems, cell telephones, business trunk systems, or where Caller I.D. is blocked. He stated the County was in the process to try and obtain sofl:ware t:o be able to add unlisted and cell telephone ntunbers. He said they checked on other ways to notify the public and found the. County has something called Alert Seminole. He advised there was a link on the City's webpage to sign up for Alert Seminole. He explained this was a database that would notify with a text message to a cell, telephone; pager, or e- mail. He said this situation did open fhe City's eyes that there were some problem areas with notification. He stated there have always been problems regarding issues with notifying the, public. He said the City now has a better idea on how to handle such an event, and will be putting together a more comprehensive plan. 8. MAYOR AND COMMISSIONERS' REPORT. District #5. Commissioner Sackett thanked the Longwood Police for providing a $2,000 check to Woodlands Elementary i;o help children in the before school. tutorial program. He said at the last meeting he asked about mentors and many people have volunteered. His daughter went through the Haunted House and said it was the scariest thing she had ever seen. Relay for Life was very passionate for him and he was hoping to put a fevr teams together. l=Ie said he would like to waive the fees for the dinner. Commissioner Sackett moved to waive the fees for the. Community Building on April 7th for the dinner in honor of those who survived cancer. Seconded by Deputy Mayor Holt and carried by unanimous voice vote. Commissioner Sackett said the grants they were talking about for Lyman High School's pool were totally gone. He spoke to Senator Constantine and his staff today to see what they can do. He has a n.leeting with the County on the 19th to see what they can do. He also has a meeting with Lyman High School on Wednesday. This i a continuing process as the money becomes tighter. Commissioner Sackett said he has :four different homes in Longwood, two rentals and two owned homes and he never received a boil water notice. His wife had an event in the Commtutity Building and called him to say it was really nice that bottled water had been provided anal aske;d him if he knew why. He stated he has the digital telephone system so he did. not receive the reverse 911 calls. He declared he wanted to know who ultimately takes responsibility of this breakdown ~ in communication. He said it has to be the City and they need to take acceptance. He stated they need to post a plan so if something like this happens again they are in the proactive stage. CC 11-OS-0'l/331 District #1. Mayor Maingot said he viewed the shutdown of both water plants as a very serious manner. He stated, thank goodness, there was no real ~! contamination to deal with. His initial contact was with Mr. Kornbluh. He declared the matter needs to be looked into by developing a system in place and a backup to that system. He said the Commission would not rest until the matter was thoroughly looked into and procedures established. Mayor Maingot reported on October 17th, he participated in the Joint City/County meeting. October 19th, he attended Envision Seminole. October 22nd, he met with Chief Jackson and Nick Waggoner regarding the acquisition of Mr. Waggoner's property. October 25th, he went to the Crooms Academy for their Tech Fest. He presented them with a proclamation. October 29th, he met with Mr. Sizemore and residents from Blackwater Place with regards to the Blackadar Development. October 25th, he substituted for Mayor Bush of Winter Springs at myregion.org. November 1St, he participated in the Orlando Mayors Prayer Breakfast and on the same day attended Families in Transition hosted by Seminole County Public Schools and Lyman High School. He participated in the Sleepy Hollow Homeowners Association meeting on November 4th regarding entry sg--page and reported the project was moving forward. Mayor Maingot said with Commissioner Sackeft's request Deputy Mayor Holt has agreed to serve as Honorary Chair for Relay for Life. He said they had received a letter from Ed Bookbinder, Chairman of the Longwood Area Chamber ~ of Commerce. He had a request in for November 14th for the availability of the ,~~ Community Building and has withdrawn that request. He has requested whether the City could afford them the use of the Community Building. They would like to meet January, March, May, July, September, and November in order to hold their bi-monthly meetings on the third Wednesday morning of the month. Mayor Maingot moved to approve Mr. Bookbinder's request as presented in the letter dated October 23`d to the Commission. Seconded by Commissioner Sackett and car-ried by a tmanimous voice vote. Mayor Maingot advised the City has been invited to participate in the Florida League of Mayors. He said the fee to join was $287. Mayor Maingot moved that the. City j oin and participate in the Florida League of Cities Mayor Committee.. Seconded by Commissioner Sackett. and carried by a unanimous voice vote. District #2. Commissioner Anderson .gave an update on the Seminole County Trails~and advised the money was expended. He said the bridge at General Hutchinson Parkway was on track. He said he would like for the City staff to coordinate with County staff in regards to the widening of the sidewalks on 427 that. are intend to fiinction as our trail. He stated you can be cited for riding bicycles on sidewalks and he would like to designate .and mark these as part of the trail system in order to let families know these are part of the trail system. ~`"~ CC 11-OS-07/332 ~ Commissioner Anderson said one of the areas of communication where he has seen a flaw in the City is that we do not have a good after hours line. He stated we have the ability to designate a number wii:h the new telephone system for non- emergency requests and he would hike to :promote a number for after hours issues. He said he would like concurrence to look into this matter. Mayor Maingot said there was acknowledgement .from Mr. Drago so action would be taken. Commissioner Anderson said he did not know we had a boil water alert until he started getting calls from angry residents.. He stated this entire episode exposed some weaknesses we have in the City that: they need to address and look at what they need to do differently. He inquired why it took six .days to lift this alert. He put together a list of questions he feels is ,~ start and would like these answered by City staff, the contractor, and, the Administrator to give his answers. He said they need to look at this from all sides and learn from this. He asked for concurrence to go through this exercise to service customers properly. It was the concuurence of the Commission to go through this exercise. District #3. Deputy Mayor Holt thanked everyone for their concurrence on the use of the Community Building for Relay for Life. He thanked the Mayor for recognizing his appointment by Seminole County Commissioner Bob Dallari as the Honorary Vice Chair for Relay :For Life. He stated he would like to have a Work Session regarding the water issues <<nd look at what may be state of the art. technology. Commissioner Anderson suggested they should do this after an appropriate period of time to collect information.. It was the concurrence of the Commission to hold a Work Session on Monday, December 10; 2007 at 7:00 p.m. Deputy Mayor Holt. said he was unable to attend the Haunted House this year. He congratulated staff on its success. District #4. Commissioner Bundy said hf, was glad Jill. Levin was involved with Relay for Life and glad Deputy Mayor Holt stepped up as Honorary Chair. He said he was looking forward to parti.cipating.. He advised information regarding the water system was on the City web site. He stated the City Administrator was aware of some of the shortcomings in the system and he was working on this matter. He inquired what time did the Operator arrive on site. ' Mr. Drago advised the Operator acknowledged the alarm at 5:44 a.m. and arrived ~ at Plant #1 at 6:15 a.m. He arrived within 31 minutes. Commissioner Bundy said they do need to look at high tech solutions. He suggested that probably one of the most ei:fective ways of disseminating CC 11-OS-07/333 information would be by using reader board signs at major intersections and provide a telephone number for people to call for information. 9. CONSENT AGENDA. A. Approve Minutes of the October 15, 2007 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for November 2007. C. City Administrator recommends the City Commission approve a purchase order in the amount of $27,357.00 to Standby Systems Inc. to purchase an emergency generator and authorize the City Administrator to sign all appropriate documents. D. City Administrator recommends the City Commission approve a purchase order in the, amount of $56,872.00 to Barnes, Ferland and Associates for preparation of plans, construction documents, permitting assistance and construction services for the Shadow Hills Subdivision Asbestos Cement Water Main replacement project and authorize. the City Administrator to sign all appropriate documents. E. The Computer Services Division of the Financial Services Department __ recommends the City Commission approve the Electronic Document Management Project Proposal from R & S in the amount of $95,760 ~' and authorize the City Administrator to sign all appropriate documents. F. The Fire Department recommends the City Commission approve a Blanket Purchase Order for Advanced Data Processing, Inc. not to exceed $42,500.00 and authorize. the City Administrator to sign all associated documents. G. City Administrator recommends the City Commission approve the adoption of the Collective Bargaining Agreement between the City and the International Union of Operating Engineers, (IUDE) Local 673 covering the Blue Collar Unit and the White Collar Unit for the period of October 1, 2006 through September 30, 2008 and authorize the Mayor to sign the agreement. Deputy Mayor Holt moved to approve the Consent Agenda as submitted. Seconded by Commissioner Sackett and carried by a unanimous .roll call vote. 10. PUBLIC HEARINGS A. Police Department recommend the City Commission read by title only, and adopt Ordinance 07-1852, which establishes a program ~ designed to recover emergency responder costs relating to traffic. crash investigations. CC 11-OS-07/334 ~ Ms. Roper announced having proof of publication for all of the public hearings listed on the agenda. She; then read Ordinance No. 07-1852 by title only. Mayor Maingot opened the publir, hearing. No one spoke in favor or in opposition to the OrdinancE;. Commissioner Sackett moved to close the public hearing. Seconded by Deput;~ Mayor Holt and carried by a unanimous voice vote. Deputy Mayor Holt moved to adopt Ordinance No. 07-1852, as presented, Item 10 ~~. Seconded by Commissioner Bundy. Commissioner Anderson said he received communication from the Police Chief clarifying that the responsible party would be charged. The City would, not be pursuing those who were not at fault. Mayor Maingot said in addition, <<ny vehicle registered to any person, business, corporation; or entity wl.iose address is within the corporate limits of the City of Longwood was exempt to the fee. He reviewed costs ~ to the City to provide this service and said from October 2006 to September 30,.2007 the cost to th~~ Public Safety Department was just under $200,000. During that period of time, the Fire Department responded to 166 motor vehicular accidents caused by non-residents and the Police Department responded to 11,085 motor vehicular accidents caused by non-residents. Commissioner Bundy inquired if they would be exempting local government vehicles. Mr. Drago said if they want to exempt government agencies; federal, state, county, and other cities, he would suggest amending Section C to include the exemption. Commissioner Bundy said it would be a double taxation issue for county, state, and federal governments sir.~~ce the City receives fiords from these agencies. He stated we may want to include those agencies and cities within Seminole County. Mr. Drago said it could be worded as political subdivisions and this would include school boards, water management districts, and soil and water boards. ~ Ms. Roper suggested making sure they have reciprocity included. Commissioner Bundy said he would like to make it contingent that if any of these governmental entities enact the same sort of plan that there is reciprocity. If not, then they are removed from the City's list. CC 11-OS-07/335 Ms. Roper agreed with Mr. Drago that Section C should be amended. They could amend by stating after the period to also exempt governmental ~l vehicles or political subdivisions outside the City of Longwood who also provide for reciprocity within the City of Longwood. Commissioner Bundy moved to amend Section C to also exempt governmental vehicles or political subdivisions outside the City of Longwood who also provide for reciprocity within the City of Longwood. Seconded by Commissioner Sackett. Deputy Mayor Holt said if a County vehicle was driving. through an 'intersection, runs a red light and hits a car, since they are in a Seminole County vehicle they would be exempt. Commissioner Bundy .said they would not be billing the driver, they would be billing the insurance carrier and this would be the County's insurance carrier. He said we all pay property taxes in the County. Mayor Maingot said one of the main items in the amendment is they would be reciprocating or it would not apply. Motion to amend carried by a unanimous roll call vote.. Main 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 November 19, 2007 as the second public hearing date and approve the first reading of Ordinance 07-1833 to amend the Longwood Development Code (LDCA 03-07). Ms. Roper read Ordinance No. 07-1833 by title only. Mr. Sizemore said the Commission had previously discussed fence placement in a couple of subdivisions that were developed as PUD's when the City had zoning. He advised these subdivisions were Coventry, Danbury Mills, and The Landings.. At that time, the Commission directed staffto draft an Ordinance based on Ordinance No. 01-1598 which requires certain Homeowner Associations to approve things through their Architectural Review Boards before the City issues building permits. He said an Ordinance was drafted to amend the Longwood Development Code, specifically for those subdivisions relating just to fences. These Homeowner Associations, would review fence permit applications according to their own architectural review standards and the City would require a letter to be submitted with the building permit application. He stated the Land Planning Agency recommended staff contact the .J Homeowner Associations and make sure they did have Architectural Review Boards that would be able to handle this task and if they agreed CC 11-OS-07/336 ~ with the wording of the Ordinance. He said they met with the Homeowner Associations of the three affected subdivisions and included letters from them with the Agenda Item indicating they are in concurrence with the way the Ordinance is written. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the OrdinancE;. Commissioner Sackett moved to close the public hearing. Seconded by Deput;~ Mayor Holt and carried by a unanimous voice vote. Deputy Mayor Holt moved to approve the first reading of Ordinance No. 07-1833 and set November 19, 2007 as the second public hearing date. Secor.~ded by Commissioner Bundy and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. Mayor Maingot recommends tb.e City Commission read by title only and adopt Resolution No. 07-1.182 in support of "Pet Rescue by Judy's" Petition to the ABC Television Network's Extreme Makeover ~ -Home Edition Program to construct a new pet rescue facility in Seminole County, Florida. Ms. Roper read Resolution No. 07-1182 by title only. Commissioner Anderson moved to adopt Resolution 07-1182, in support of Pet Rescue by Judy. Seconded by Deputy Mayor Holt and carried by a tusanimotis roll call vote.. B. City Clerk recommends the City Commission read by title only and adopt Resolution No. 07-1183, appointing a Temporary City Clerlc in the absence of the City Clerk. Ms.l2oper read Resolution ~No. 07-1183 by title only. Commissioner Anderson moved to adopt Resolution 07-1183. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. C. The Community Developrnezrt Division of the Community Services Department recommends the Ciity Commission read by title only, set November 19, 2007 as the Public Hearing date, and approve first ~, reading of Ordinance No. 07-1853 to annex (ANX 01-07) the property located at 670 South County Road 427 into the City in order to fulfill ~_~' an interlocal annexation agreement between the City and Seminole County. CC 11-05-0'/337 Ms. Roper read Ordinance No. 07-1.853 by title only. ~; 1VIs. Adzima said the property located at'670 South County Road 427 was an enclave. It is an area of unincorporated Seminole County surrounded by City property. She advised in 198.5 the City adopted a Resolution enacting an Interlocal Agreement between the City and Seminole County . eliminating enclaves at the time the ownership of the property changes. Commissioner Anderson moved to approve the first reading of Ordinance 07-1853 and set November 19, 2007 as a public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. D. City Administrator recommends the City Commission review and discuss a request from Waste Pro, Inc. for an extension to their Solid Waste & Recycling Collection Services Contract and give staff the direction deemed appropriate. Deputy Mayor Holt moved to extend the contract for two years.. Seconded by Commissioner Bundy. Commissioner Bundy said this was to bring forward an Ordinance for the extension of the contract. Motion carried by a unanimous voice vote. E. Commissioner Bundy recommends the City Commission read by title only and adopt Resolution 07-1184 supporting the reauthorization of the Sadowsla Affordable Housing Trust Fund, eliminating the cap of the Florida Housing Trust Fund. beginning in Fiscal Year 2008-2009 and supporting full funding from the Housing Trust Funds for housing in the State Fiscal Year 2008-2009 budget. Ms. Roper read Resolution No. 07-1184 by title only. Commissioner Bundy moved to approve Resolution No. 07-1184. Seconded by Commissioner Sackett. Commissioner Bundy said this. was one. of two items the Municipal Services Delivery Council will be bringing to the League of Cities Legislative Council for action on November 8th. He said the Sadowski Act set up the Trust Fund and it was one of the few dedicated fimding sources for affordable housing in the State of Florida. He advised that funds from this project can be used' for workforce. housing in addition to affordable housing. Motion carried by a unanimous roll call vote. CC 11-OS-07/338 Commissioner Bundy requested a. copy of the signed Resolution to take to the meeting on November 8~'. F. The Building Division of the Community Services Department recommends the City Commission read by title only, set a public hearing date for November Il9, :1007, and approve the first reading of Ordinance 07-1854 to amend the City Code relating to building permit fees. Ms. Roper read Ordinance No. 07-1854 by title only. Mr. Sizemore advised the building; permit fee schedule currently in effect has not been amended for quite some time. He said they have been discussing ways to streamline the process and make it easier to understand both for the applicants and easier ~to calculate for staff. He advised Mr. Drago has done similar revisions i'.n other places where they went to a single permit fee stricture and this Ordinance was based on that concept. He said instead of taking a number of different valuation calculations and adding them together to come up with a master permit fee and having sub- contractors come in and pay separate administrative fees, this creates a system where there is one single permit fee to the general contractor. The amendment before the Commission implements the primary single permit fee stricture and organizes the fee: schedule into groups to address the ~' different types of constntction. At the same time,, this brings the building permit fees up to a modern rate compatible with fees that are true market value. He said when they first started working on this they wanted to make sure to involve the building community. They contacted the Central Florida Homebuilders Asso~~iation and they allowed the initial idea to be presented to their Joint Building Service Issues Committee.. They went back and presented the draft: Ordinance to the Joint Building Service Issues Committee and they ]Zad a i:ew suggestions that were incorporated into the. Ordinance. He advised they had no objection to the fee structure or the single permit system. Commissioner Bundy inquired if the general contractor changes the sub- contractors would there be a fee for the change. Mr. Sizemore responded in the affirmative. Commissioner Bundy inquired if there was a renewal fee of $75 if the permit was about to expire. Mr. Sizemore responded in 'the affirmative. Deputy Mayor Holt said the penalty fees may not be enough. He ~'' suggested they could double the penalty fees. CC 11•-OS-07/339 Commissioner Anderson inquired if this was for the $500 penalty fee for doing work without a permit. .,~ Mr. Drago said when looking through the groups they all had the penalty as double the permit fees except for Group 1. He suggested they could amend Group 1 to read double the permit fees to be consistent. Deputy Mayor Holt said he would like to see an amendment to Group 1 to be $1,000. Deputy Mayor Holt moved to change under Group 1 the Administrative Fee to $1.,000. Seconded by Commissioner Bundy. Commissioner Bundy said he thought the intent was to double all of the penalty fees, not just Group 1. He said under Group 1 it looked like they were setting, a cap on the penalty. If they just change the wording for Group 1 to double the permit. fee this would be more consistent. Commissioner Bundy withdrew the second to the motion. Deputy Mayor Holt withdrew the motion. Deputy Mayor Holt moved to amend commencing work without a permit shall be subject to double the fee. Seconded by ~~ Commissioner Bundy and carried by a unanimous roll call vote. Commissioner Anderson inquired if these fees move the City towards paying for the services substantially financing the operations of that Department. Deputy Mayor Holt moved to approve the first reading of Ordinance No. 07-1854 and set a public. hearing date for November 19, 2007. Seconded by Commissioner Sackett. Mr. Drago explained the building industry had a Statute passed that prohibits cities and counties from raising their fees to the point that it fiends the Building Department 100%. He said this .fee schedule would substantially reduce the subsidy from the general fiord to cover the cost of the Building Division. He advised there were other user fees such as right- of-~vay fees and site development fees that Mr. Kornbluh was looking into recommendations to raise these fees. Commissioner Bundy inquired where Section 2, Longwood City Code, Chapter 18, Section 18.2, Development Assistant Fee for roads was being repealed and if these were included in the fee structure of other areas. Mr. Drago responded in the affirmative: CC 11-OS-07/340 ~ Motion carried by a unanimous roll call vote. I ' G. Personnel Division of the Financial Services Department recommends the City Commission read by title only and adopt Resolution No. 07- 1185 approving amended Cafeteria Plan documents, and authorizing the City Administrator to sign ;~11 related plan documents. Ms. Roper read Resolution No. 0'7-1.1$5 by title only. Mr. Drago advised this Cafeteria Plan has been in operation for several years. He said through changing of contractors,. IRS regulations, and other items they felt it was appropriate to bring, back the document. It does allow employees to utilize some of the benefits for pre-tax benefits through payroll. He stated this aligns the plan document with the plan. Deptrty Mayor Holt inquired where the. plan was as they did not receive a copy. Ms. Rogers advised this was approximately a 40 page document and it was like a bank resolution that re~Iuires the Commission to resolve to make these changes.. She said it was conforming to IRS regulations. She explained the Cafeteria Plan allows employees to pre-tax benefits that they are sheltered from taxes. She said. it was of no charge to the City and provides a savings to the ernploye<es. She stated there were no changes to the, plan. Commissioner Sackett inquired if the employee has the option of pre-tax or after tax. Ms. Rogers responded in th.e affirmative. Deputy Mayor Holt moved to adopt Resolution No. 07-1185, as submitted. Seconded by C'~ommissioner Bundy and carried by a unanimous roll call vote. H. The Community Development Division of the Community Services Department recommends the City Commission consider the request for Historic District Matching Grant funds for the renovation of the building located at 152 West Warren Avenue ~tnd take action the City Commission deems appropriatf;. Ms. Adzima advised the property owners of 152 West Warren Avenue, which is a contributing structure in the Historic District, are requesting Historic District Grant fiords in tl:~~e amount of $5,750 for the installation of anew asphalt. shingle roof. The approximate estimated total project cost is ~ $13,500. Deputy Mayor Holt inquired if this was just for'the roof or also for repairs.. CC 11-OS-0'7/341 Mr. Sizemore advised the application states including water damage repair to wood under the shingles of unknown extent. He stated the project description was listed under number eight (8). Deputy Mayor Holt inquired ifthe roof shingles removed were tested for asbestos. Mr. Sizemore responded in the affirmative. He advised it tested negative. Commissioner Anderson moved to approve the request for grant funds. Seconded by Commissioner Bundy. Mayor 'Maingot said when they first visited this item, there was considerable discussion regarding going with a metal roof and the cost increase. He suggested at that time they might consider the .$5,000 grant to offset that cost. He stated the end result was voting to move ahead with asphalt shingles. He said funds for the Historic area come from booth fees for the Arts and Craft Festival. He said the Commission had provided a 50% discount for the Society. He stated a $5,000 grant would be more than generous for this re-roofing job. He said it was good to support a contributing structure and support this applicant who has been subjected with a delay. Commissioner Bundy said it was his understanding they removed fimding for the Grant Program from reliance on the booth fee rentals and it comes ~~ from general revenue fitnds because the fiords go into the general revenue. Mr. Drago said the Historic District Budget has always been placed under Other Obligations anywhere from $5,000 to $7,000 specifically for anyone who wants to request a grant. He stated his preference would be if grants are not asked for on a regular basis, then use the fiords to enhance the District with accessories. He said next year from the General Fund Budget the Commission could allocate the amount they wish for grant fiords. He stated when fees were collected for -any special event in the District the money goes into the Grant Fund or Historic Ftind. He explained the Commission could designate more from the General Fund if they desired. He said his preference for next year would be for the Fund to go away and the Commission allocates the desired amount to the Grant Fund. Motion carried by a unanimous roll call vote. I. The Community Development Division of the Community Services Department recommends the City Commission discuss sign regulations and give staff the. direction deemed appropriate. Mr. Sizemore said since July 2006 the City Commission has been ~ discussing at various Public Hearings and Work Sessions revisions to the sign code. The formation of the Sign Ad Hoc Committee took place in CC 11-OS-07/342 ~ September and their recommendations are included in this Item. At the last meeting, the Commission asked staff to bring forward a regular item for discussion. He reviewed a table of proposed changes. Commissioner Anderson said they need to .move ahead with the sign. ordinance with the exception that: they should. allow existing signs to remain. He stated since they do n.ot have a good answer to the amortization of signs, he would be willing to leave this out and grandfather in existing signs. He said his other concern was with the maximum height of signs.:E~e would like to take measurements of some existing signs and suggested ten Feet (10') maybe too short. He stated one of the big areas of contention was in regards to the amortization. Mayor Maingot said they should revisit this matter and determine grandfather options,. and future signage regulations for new developments. He stated he saw nothing addressing real estate, open house, or garage sale signage. He agreed they need to move forward, but he does not accept leaving it as it is. Commissioner Bundy inquired if Commissioner Anderson was proposing leaving. non-conforming sil;ns, as is, until such time they require replacement due to 50% or more repair. Commissioner Anderson responded in the affirmative. Commissioner Bundy said he did. not have a problem with leaving this as is. He stated he felt the linear fees. fora 100 square footage. sign was .large enough. He also suggested. it be ;made clear they consider awnings as part of the building signage allowed. Mr. Sizemore advised this was clear in the actual language. Commissioner Sackett said. in a school situation they were not supposed to allow outsiders to see what child is inside the building. He stated for the purpose of the, safety of the: children he would suggest allowing the covering of windows in a daycare facility. Mr. Sizemore said his recollection of the prior di cession was that because this was regulating signage on windows it was a little different than the public safety issues. He stated thc, conclusion was to address the signage issue; and say the sign can cover ?5% of the window and shall not obstruct visibility into the interior of the building at pedestrian height to address specifically the signs.. He said if there was an issue of public safety, i.t needs to be addressed somew:herc; other than in the Sign Code. ~-' Mayor Maingot said he would like to see something. come back to the Commission addressing si€mage ;in the areas.. of real estate, open house, and garage sales. CC l a-OS-07/343 Mr. Sizemore inquired if they would like this included in the Ordinance or as a separate issue. He said it was originally in the Ordinance and then ~' broken out since it was such a contentious point. , Mayor Maingot said he wanted to see it one way or the other. He stated based on what he has heard; there could be some minor changes to the Ordinance. Commissioner Anderson suggested real estate should be separate. However, he concurs it needs to come forward. Commissioner Bundy said Chief Jackson has worked out an interim solution with real estate signs and he would like to see this have more time to see how it works out. Deputy Mayor Holt said he would like to start fresh in January and come up with another Work Session. He stated they had an Ad Hoe Committee that did the best they could and each time they visit the matter they change something. Commissioner Bundy said the Ad Hoc Committee didn't do anything other than delaying the action. He stated they have already held Work Sessions and they probably could have passed this with the exception of grandfathering in a portion. He suggested leaving real estate and garage ~ sale signs to the side and work on them. Commissioner Anderson said part of'his. frustration was that they let this continue. specifically due to real estate signs and there was no answer or input provided. Commissioner Bundy said they had asked Mr. Simmonds to work with the Board of Realtors who was supposed to be coming. iip with a-plan. He suggested contacting them. Mayor Maingot said with regards to neon signage, other than open signs, there are quite a few signs that currently exist. He said he would not want to tell them they could not have those open signs. Mr. Sizemore said the prohibition originally did not make an exception for open neon signs and at some point during the discussion they were added. Commissioner Anderson said it was his understanding it should not be used as an architectural feature on the building or that the building sign should not be neon. He stated they could discuss smaller signs that are in the window. Mr. Sizemore said they would need to bring the Ordinance back for a first ~J public hearing. He stated this would require two public hearings and he CC 11-OS-07/344 would check the advertising time:lines for bringing it back before the Commission. J. City Administrator recommenu3s the City Commission consider placing an item on the November 19, 2007 agenda regarding a Developer's Commitment Agreement between the City and Michael Towers. Mr. Drago said, as the Conitnission was aware, the development on Longwood Hills Road has been €;oing back and forth for some time between the City and Mr. Towers. Chairman Henley held a meeting between the Mayor and Mi•. Towers where all the parties came together and said the County would issue the Development Order and Mr. Towers would abide by the development regulations of the City. He said there was an agreement signed to that affect. Mr. Towers sent, this proposed Developer's Commitment Agreement to the City Attorney. This was placed on the. agenda, according i:o the roles, for the Commission to consider if they would like to discuss this at the next meeting as an agenda item. He said everything was spelled out on the County Development Order and a second agreement was superfluous.. ~ Ms. Roper said she had spoken with Mr. Roper who has dealt with this issue and there was a concern raised whether the City Commission had jurisdiction over this issue .at this time since there has not been a deed recorded annexing. the pro~~erty. She said she would like to research fiirther whether the letter was within the City's jurisdiction. Commissioner Bundy inquired if there was anything in the letter that: was at odds with the Developer's Agreement. He said if there wasn't there was no need to revisit the matter. lie :;aid if the City does not. have jurisdiction they cannot enforce it. Commissioner Anderson said if there was nothing different then there was no point in sending a letter. He stated if there was something different, they could not send him a letter because this was not in the City. He declared this was between 1VIr. Towers and the County. There is an agreement between them that the City helped negotiate and they need to leave it there. Mayor Maingot agreed and said they discussed the wetland area and retaining wall and he knows the. City would be willing to work with him provided there were no problems from the St. Johns Water Management District. He stated the City has no juuisdiction over lus property. He said j everything was documented clearly: He stated until such time he annexes into the City the Development Order and other documents he has agreed to ~ at this point stand. CC 11-OS-0'7/345 Commissioner Bundy said they need to deal with the matter now and they can make a decision tonight whether to send or not to send the letter. Commissioner Anderson moved that they do not send a letter on this item. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. No report. Mayor Maingot said he would like to advise that December 9~' the Longwood Carolers would be going to the health care facilities and the hospital and if any of the Commissioners would like to participate to let him know. 14. ADJOURN. Mayor Maingot adjourned the meeting at 9:40 p.m. John C. Linda F. Goff, Recording S c etary ATTEST• Sa,°ar M. Mir us, CMC City Clark .~/ .~ CC 11-OS-07/346