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CCMtg08-04-08MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES AUGUST 4, 2008 7:00 P.M. Present: Mayor Brian D. Sackett Deputy Mayor H.G. "Butch" Bundy, Jr. Commissioner John C. Maingot Commissioner Dan Anderson Commissioner Mike Holt Teresa S. Roper, City Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Lt. David Dotivda, Police Department Tom Smith, Division Manager of Streets/Fleet Richard Kornbluh, Division Manager of Utilities Carol Rogers, Director of Financial Services Ryan Spinella, Executive Assistant Lt. Phyllis Williams, Fire Department Paul Sizemore, Director of Community Services Fran Meli, Recreation Program Manager 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION vas followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcements: A. National Night Out will be held on Tuesday, August 5, 2008 from 6:00 p.m. unti19:00 p.m. at Candyland Park, 599 Longdale Avenue. B. Florida Music will be held on Friday, August 15, 2008 from 6:00 p.m. unti19:30 p.m., Longwood Community Building, 200 West Warren Avenue. C. Bonsai Day-Class will beheld on Saturday, August 16, 2008 from 9:00 a.m. unti112:00 p.m., City Commission Chambers, 175 West Warren Avenue. The cost is $30 and includes all tools, supplies, and instruction. CC 08-04-08/207 D. A Blue Grass Pickin' will be held on Saturday, August 16, 2008 from 7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West Warren Avenue. E. Exercising for Healthy Lifestyle will be held on Monday, August 18, 2008 from 11:00 a.m. until 1:00 p.m., Longwood Community Building, 200 West Warren Avenue. 4. PROCLAMATIONS/RECOGNITIONS. A. District #1 Presentation of the Business Person of the Month Award for August 2008 to Steven W. Moreira, President of Magic Financial Services, Inc. located at 280 South Ronald Reagan Boulevard. Commissioner Maingot read a brief biography on Mr. Steven W. Moreira, President of Magic Financial Services, Inc. and presented him with the Business Person of the Month Plaque. Photographs were then taken. B. Proclaiming the City of Longwood General Election- November 4, 2008. Mayor Sackett read a Proclamation proclaiming the City of Longwood General Election will be held on Tuesday, November 4, 2008, from 7:00 a.m. to 7:00 p.m. He announced registered voters of Longwood will vote at the precinct indicated on their voter's identification cards. Early Voting for the November 4, 2008 General Election will begin on Monday, October 20, 2008 thru Sunday, November 2, 2008. Early Voting will be available during the hours of 10:00 a.m. to 6:00 p.m. Monday thru Friday, on Saturdays and Sundays 12:00 p.m. to 4:00 p.m. Early voting will be conducted at the Central Branch Library, 215 North Oxford Road, Casselberry, Northwest Branch Library, 580 Greenway Boulevard, Lake Mary, East Branch Library, 310 Division Street, Oviedo, West Branch Library, 245 North Hunt Club Boulevard, Longwood, and Seminole County Supervisor of Elections Office, 1500 East Airport Boulevard, Sanford. C. Nominations- Annual Key to the City Award. Commissioner Maingot nominated JoAnne Rebello, 301 Loch Lomond Avenue for the Annual Key to the City Award. Commissioner Holt nominated Thomas S. Jackson, Jr., Police Chief, for the Annual Key to the City Award. Nominations carried by a unanimous voice vote. CC 08-04-08/208 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Land Planning Agency. Mayor Sackett nominated Scott Bryan, 450 Harbour Isle Way, to the Land Planning Agency. Nomination carried by a unanimous voice vote. 6. PUBLIC INPUT. A. Public Participation. John Pardesi, 186 Overstreet Avenue, said he had obtained a copy of Resolution No. 08-1197 regarding the paving of Overstreet. He made it clear he was prepared to pay his share of the assessment allocated. However, on the Resolution, Appendix C, there are twelve (12) parcels listed. He stated he had been informed there would be approximately six (6) parcels required to pay this assessment. On that basis, he feels it is very wrong to consider such an assessment and it should be split between all those concerned and all the properties benefiting should be assessed. He said he understands the builder funded and contributed to the road paving to continue to fill the middle gap. He stated the builder paid for paving at his development, therefore, there were only about three (3) properties left to be paved. He said he must emphasize that those who will be involved in this for the final assessment and public hearing, it is very unfair to allocate this assessment to only a few properties. He referenced and read a portion of the Resolution and said it defines frontage quite clearly. He stated the City had not been grading the road and had saved cost and benefited. The Police and Fire have benefited as well, not only the residents. He reiterated all the properties have benefited and they need to take this into consideration. 7. CITY ADMINISTRATOR'S REPORT. No report. S. MAYOR AND COMMISSIONERS' REPORT. District #1. Commissioner Maingot reported he had received a letter from Congressman Mica regarding his reply to Senator Dockery relative to her discussions with Amtrak possibly being a provider for the Commuter Rail Service. He stated in reading this response, consideration of Amtrak is not worthy of any consideration. He asked that every time the Commissioners meet with a Legislative Delegate, and wherever the opportunity provides, they request their proactive voice in Tallahassee so that the Commuter Rail Project is not derailed. He reported he also received a letter from George Leavitt, Florida Department of Transportation, that the City has now been cleared as far as the Federal Transit Administration. They have determined there was no significant impact on the quality of human environment and things were moving forward. Commissioner Maingot said he would like to pay special recognition to Commissioner Anderson and Fran Meli. He stated Commissioner Anderson brought forward on two occasions the Farmer's Market. In the interim, he has been working with Ms. Meli on preparing a parallel program that he will present CC 08-04-08/209 after Commissioner Anderson makes his presentation. He stated his main objective is for a successful Farmer's Market. District #2. Commissioner Anderson said he had brought up once before for the Commission to think about the idea for the City to put aside money in the budget for trees. He suggested if $1,000 was budgeted for each installed tree, they could budget $10,000 a year and place these trees in the appropriate places throughout the City. He stated over the col~rse often (10) to thirty (30) years they could dramatically change the tree canopy in the City. He said they have discussed this previously and he would like to see them take this fiu ther by having a tree bank in the future. He declared he would like this matter to be discussed in the future. He said if the Commission felt this was a good idea, he would like to discuss with the City Administrator working funds in this year's budget. Mayor Sackett suggested Commissioner Anderson meet with the City Administrator and bring something forward to the Commission. He said corporate sponsorship of trees was also an avenue. District #3. No report. District #4. Deputy Mayor Bundy reported he and Mayor Sackett attended the grand opening of Rebounders. He said they all had received letters regarding the appointment of the City Attorney. He stated they never technically appointed her and the Charter requires the Commission appoint a City Attorney. He said they did hire the City Attorney and entered into a contract. He suggested they could do some clean up and with the concurrence of the Commission bring this forward at the next meeting. Mr. Drago said he would place this matter on the Consent Agenda for the next meeting. District #5. Mayor Sackett said Rebounder's grand opening was well attended. He thanked everyone that attended the Historic District Visioning meeting. He stated ACi was to put together a summary statement and presentation by the first of September as to the outcome of that meeting. He said many expressed this was a good heart felt meeting and were pleased. He met with ACi and the presentation was complete and would be presented at the September meeting. He reported he had participated in the Seminole Chamber, Envision Seminole, and several other meetings. He also participated in a meeting with Lt. Dowda, and found there were some issues of some uncaring neighbors in this community. The Police Department is working with them and will report back to the Commission with an update. He announced that National Night Out is tomorrow night and all of the Commissioners help could be utilized. He reported there was a maj or meeting with the Commuter Rail people on Wednesday and he would keep everyone up to date on this matter. "'~ Mr. Drago said he understood ACi was to make their presentation at the first meeting in October. He stated he would contact them regarding the presentation. CC 08-04-08/210 Mayor Sackett suggested they have the presentation the second meeting in September. 9. CONSENT AGENDA. A. Approve Minutes of the July 21, 2008 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for August 2008. C. The Recreation Division of the Community Services Department recommends the City Commission approve the annual agreement between the City and Longwood Babe Ruth League of Seminole County, Inc. for the use of the City baseball and softball fields and authorize the Mayor to sign the agreement. Commissioner Maingot moved to approve the Consent Agenda, Items 9 A, B, and C. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. Finance Division of the Financial Services Department recommends r~- the City Commission read by title only and adopt Ordinance No. 08- 1867 amending Section 90-181 of Chapter 90 relative to Utilities Rates, fees, and charges. Ms. Roper announced having proof of publication. She then read Ordinance No. 08-1867 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Holt moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous voice vote. Commissioner Holt moved to adopt Ordinance No. 08-1867, as presented. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. City Administrator recommends the City Commission discuss the Single Family and Duplex Driveway Access Policy and take action the Commission deems appropriate. Mr. Drago said this was brought up at the last Commission meeting and Deputy Mayor Bundy asked that the Policy be revisited. Deputy Mayor Bundy said they had an Item on the Agenda from an individual requesting a waiver to the Policy. He stated they have a lot of CC 08-04-08/211 these in the City and he had suggested the Commission look at this Policy. He said when an individual has a corner lot the only reason to deny an access would be if there was a public safety consideration. He stated there needed to be a permitting process. All construction costs would be the responsibility of the property owner. The concrete would need to be a continuous flow for at least four feet (4') to the opposite side of the sidewalk. He said the Police Department should review the site plan and property for any safety concerns. If the access is on a swale, a culvert should be required so not to restrict the flow and drainage of water. Mayor Sackett said public safety was the primary concern. He inquired how many of these situations exist in Longwood. Deputy Mayor Bundy said there were certain corner properties where there would be a public safety hazard and this would be a reason to deny the access. He stated where there were no public safety issues, he could not think of a reason to deny access. Commissioner Maingot said prior to paving, a number of these properties did have access to the front and back. He stated he supported Deputy Mayor Bundy that they should not deny the right to maximize the use of the property. He agreed there was a lot of information in Resolution No. 06-1140, but it should be modified to allow the second access for corner ~°' lots, provided there is no public safety issue. Commissioner Anderson said he appreciates the Policy. However, unless there are demonstrable means, they should not tell people what they can and cannot do with their house. He stated they need to set the criteria as previously stated. He said accommodations can be made to be fair and legitimate. Commissioner Holt said Item No. 5 allows access, provided the set criteria is met. Deputy Mayor Bundy advised the current Policy states the side access is allowed only if you cannot access the rear of the property from the designated driveway. Mayor Sackett asked the City Attorney for interpretation of the language in the Resolution. Ms. Roper said it stated if there was no way to access the rear of the yard through the designated right-of--way, they can be allowed to create a new right-of--way into the rear of the yard. It also has to be determined there is no safety hazard. Deputy Mayor Bundy said if he had a corner lot and could access the rear yard from the front access, according to the Policy, he could not have the CC 08-04-08/212 second access. He said it should be his choice if he was willing to build the access according to the City standards. He reiterated they need to allow access unless there is a public safety concern. Commissioner Anderson said not all lots are the same. He stated it was in the City's interest to discourage a proliferation of driveways. However, there are unique circumstances. He said under this current proposal, you would drive into your driveway and across your yard. He stated some would rather spend the money to build a driveway that would meet City standards. Mr. Drago said if the rules allow the access, it is not going to discourage it. He stated if the intent of the Commission is to allow a second driveway, predicated on public safety as the criteria, this can be reworded. He said they would be faced with a situation in the next few years where property owners face four (4) sides of a roadway and if this Policy is amended they will be allowed to have multiple driveway openings. He stated if they are going to allow something, they would need to curtail the number. Commissioner Maingot said the City Attorney and City Administrator have heard their concerns. He suggested they bring forward an amendment for consideration. B. Finance Division of the Financial Services Department recommends the City Commission read by title only and adopt Resolution No. 08- 1195, which imposes a wastewater assessment for the 2008 Wastewater Projects. Ms. Roper read Resolution No. 08-1195 by title only. Commissioner Maingot moved to approve Regular Item 11 B, Resolution No. 08-1195, which imposes a wastewater assessment for the 2008 wastewater projects. Seconded by Commissioner Anderson. Mr. Drago said Ms. Rogers had provided a Memorandum to the Commission relative to some corrections to the Resolution. He referenced Page C-l, which has the parcels listed in the back of the Resolution. The correction that needs to be made is with the last parcel, relative to the parcel number and he gave the correct parcel number. He recommended the Commission amend the Resolution to reflect the correct parcel number for this parcel. ~-- Commissioner Anderson moved to amend the Resolution and change the last parcel number from 31-02 to 31-20. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. Main motion carried, as amended, by a unanimous roll call vote. CC 08-04-08/213 C. Finance Division of the Financial Services Department recommends the City Commission read by title only and adopt Resolution No. 08- 1197, which imposes a paving assessment for the Overstreet road paving project. Ms. Roper read Resolution No. 08-1197 by title only. Commissioner Anderson moved to adopt Resolution No. 08-1197, as presented. Seconded by Commissioner Maingot. Mr. Drago referenced Appendix C, Page C-1, and said the first three parcels, last four numbers of 0020, 0030, and OOSA, needed to be deleted from the list. The remaining parcels are the parcels to be assessed. Commissioner Anderson moved to amend the Resolution to strike the first three parcel numbers, ending in 0020, 0030, and OOSA. Seconded by Commissioner Maingot. Commissioner Holt inquired as to why these were being stricken. Mr. Drago said the residents understood up front that the developer was paying for both sides of the roadway as part of his development. In theory, the Commission could have said to pave that portion of Overstreet and "'"" nothing else until it went onto the schedule. Some residents came to the Commission and asked to have the remainder paved. He said the sewer line was also extended with no cost to the residents other than hookup. The remainder of the dirt road on Overstreet, which was paved from the development on, was subject to assessment. The remainder of the parcels was that portion of the dirt road subject to assessment. He explained if they had waited two (2) years and paved it as scheduled; those residents would have been assessed. The Commission decided to do everything at one time and this is why there is the delineation between those three parcels across the street from the development. Motion to amend carried by a unanimous roll call vote. Commissioner Anderson said Mr. Pardesi raised the question of fairness and the benefit to the City and the residents. He explained the formula for the paving policy was 60/40 with 20% on each side, capped at $25 per linear foot. He stated this acknowledges it is not just the resident benefiting, the entire City benefits. He said the City shares in the payment for paving of the road. Main motion carried, as amended, by a unanimous roll call vote. D. City Administrator recommends the City Commission hear a proposal to purchase property next to Reiter Park owned by the Bernard Brothers and give staff the direction deemed appropriate. CC 08-04-08/214 Mr. Drago said when this was before the Commission previously the Commission countered the Bernard Brothers with an offer of $50,000, plus closing costs. Since that time, Mr. Hall went to his clients and has requested to be placed on the Agenda to discuss a counter offer to the $50,000. Trevor Hall, 2812 West Moreland Drive, Orlando, Real Estate Broker with Colliers Arnold, said when they met the last time, Deputy Mayor Bundy correctly pointed out that the market is lousy at this time. In this case, they see this as being a timely negotiation that will enhance the scope and size of the Park. He stated it was the best practice, when building a facility like this, to do it right the first time, and at full scope. He said this site can be used for the drainage and will free up approximately the same amount of land within the Park for additional uses on the surface. They see this as having a benefit in excess of a $75,000 acquisition price to the City. He stated they were willing to talk about a number between the low $70,000's and $50,000. He said his client, George Bernard, was with him and has the ability to bind the sellers to a purchase price. The type of contract they are proposing gives the City a six (6) week free look to determine if the property will work for their purposes and that the benefit outweighs the cost. George Bernard said this was a good value for the City because of how it is going to enhance and free up additional property for the Park. Commissioner Maingot said when they first discussed the revitalization of Reiter Park that the figure was probably three times what they had initially discussed. He stated the City was facing some tough economic times. He declared the City had made a very fair offer for this parcel. He said his thought on the matter was through to business closing on August 8th an offer of $50,000, and after August 8th through to the closing of business on August 15th, the offer of $45,000. Mr. Bernard said he was a Business Professor at Seminole Community College and he knows what the business community is like. He inquired how much the City was spending in the revitalization of Reiter Park. He asked if they were talking about $3 million. Mayor Sackett said the number they have in place was near that number, but it does not include this property. He stated when they look at the plan, the design of the property is fine without this added property. He said it would be an addition that could serve a purpose of retention, but it was not °--- a necessary piece. Mr. Hall said they agree it is not necessary. However, they are trying to give. the City a period of time where they would have the property under contract with no commitment to purchase it, during which time they would CC 08-04-08/215 make the determination whether it was worth more than $50,000 in overall ~... benefit to the Park. Commissioner Maingot inquired if they determine it was worth less than $50,000 what would happen. Mr. Hall advised they would not have to purchase the property. Deputy Mayor Bundy said the offer was $50,000 plus closing costs. He stated the other thing they cannot lose sight of, was that the City has engineering costs and other costs to add and these have not gone down. The general contractor will have to do a change order and he had this in mind when they offered $50,000 plus closing costs. He declared with this offer and additional costs, it will cost the City $100,000 regardless of what the number is for the Park. He said they agree it will enhance the Park, but they need to look at whether it will be made better with the right price for the property. Mr. Hall said their contention would be that by adding 5% to the costs, they would be increasing the utility of the Park by approximately 20%. Commissioner Anderson said for $50,000 they don't need a huge waiting period. He discussed the escalating costs of this project and said they need """'' to determine whether they are going to purchase this property and move on. Deputy Mayor Bundy said they would need time to do soil borings before closing. Commissioner Holt inquired what closing costs would be. Mr. Drago said closing costs would be approximately $2,000 or so. Commissioner Holt said assuming the soil borings were good, would they accept $50,000 plus closing costs. Mayor Sackett said Commissioner Holt was stating this Commission was willing to offer $50,000 with closing costs. He asked Mr. Bernard if he was able to make that decision tonight. Mr. Bernard responded in the affirmative and said he would accept that offer. He inquired how much time the soil borings would take. Mr. Drago said he would contact the City Engineer to see how fast they could get this done. He stated one reason why the cost increased was due -~'~° to muck. He said with a drainage pond, if there is muck, this will determine whether it will percolate. If it cannot percolate, it may not be able to be used. CC 08-04-08/216 Deputy Mayor Bundy moved to formulate a sell contract for $50,000 plus closing costs, contingent on the outcome of the soil borings on the Bernard Brothers property. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. E. Commissioner Anderson request the City Commission discuss a Farmer's Market in Longwood and take action the Commission deems appropriate. Commissioner Anderson said the last time he brought this matter up he was asked to bring back some specifics. He stated they are looking at holding an event once a month in the City lot in front of the Hotel, to be increased with frequency as success dictates. He said they would ask to have signs placed. They are asking the City to drop off trash receptacles before the event and picked up after the event. He discussed this with Mr. Drago and Mr. Sizemore and they determined this would take half an hour prior to the event and an hour after the event. Mr. Drago agreed it shouldn't be a problem to have the City handle accounting for such items as booth fees. The event would come under the City's liability contract as other events do. He said they would advertise and promote in The Lamplighter. He stated the proposal is to charge $10 to $20 for a booth and provide a discount if the vendor agrees to purchase a year in advance. He said the booth fees would pay for the labor costs of placing and picking up the trash receptacles. If they decide to hire apart-time employee to watch and manage the event, the booth fees would also cover this. He advised Ms. Sherry Allred has interest from eighteen (18) different vendors and has more calling her daily. He stated people can park on the other City parking lots and walk to the Farmer's Market. He said Lake Mary has been very successful and they have approximately twenty (20) vendors. They hold their Festival weekly and the vendors have requested it continue year round. Mayor Sackett inquired if Lake Mary's Farmer's Market was coordinated by the City. Commissioner Anderson responded in the affirmative. He said that he and Ms. Allred have discussed that this would be an excellent opportunity for each of the businesses to jump in at the same time and promote their business. He would like to propose to the City to allow each vendor or business to place a sign on the sidewalk to promote their business. He declared they could very easily grow into what Sanford has done with their Alive After Five. He said when the Farmer's Market is happening in Sanford, you also see all of the surrounding merchants jumping in and -'° everybody is benefiting. He stated he could see this moving to the Park in the future. He said this could be more of a destination and providing a place for people to come. Commissioner Maingot distributed a handout. CC 08-04=08/217 Commissioner Anderson said once the Commission decides to do this, these were the details of what they would get next. Commissioner Maingot said Ms. Meli has done a tremendous amount of work on this and he pointed out they had compared Sanford, Maitland, Winter Park, and Lake Mary. Longwood's proposal was included and he reviewed this proposition. He suggested they hold the event weekly or people would forget when it was being held. He recommended contract labor for this person, and they be responsible that the setup is correct. They will be responsible to see that the vendors take care of their own trash and there will be bins for public use. He said the proposal was for a six (6) month trial period at which time the City will evaluate whether to continue. At this time, the Market should be self-supporting and produce revenues from weeks 18 through 27. He said the Market would operate from 7:30 a.m. to 12:30 p.m. Vendors must be set up no later than 7:00 a.m. and not break down prior to 12:30 p.m. He continued to review the proposed rules and vendor categories. Commissioner Anderson said they needed two (2) roles, someone who has the ability to enforce the rules of the Market. They also need someone to be on hand the day of the Market to implement those decisions. Commissioner Maingot reviewed the placement of banners to advertise the Market. He said the next thing that needed to be done was to develop a contract agreement with a person who is not an employee of the City that will be paid from a percentage of the vendors fees. He stated, as already mentioned, this will bring people to the Historic District and potential buyers to the merchants. Commissioner Holt said this was a great idea and it will work. He stated he would like to see a few things added in the Policy such as Health Certificates. He suggested the Fire Department check on any generators. He said rather than stating service dogs, they should state service or companion animals. He stated there were other animals that have been trained as service animals. Commissioner Maingot said the Commissioners should find time to attend the event during the initial stages. Deputy Mayor Bundy suggested not allowing generators due to the fumes. He said they only provide electricity to food vendors during the Arts and Craft Festival. Commissioner Anderson said each vendor was responsible for taking care of their booth and making sure the area is clean when they leave. He stated `"'"` if they do not; on the second occasion they will be asked not to come back. He said when he walked through each of the other markets there was not a problem with trash. He stated the Department of Agriculture has a CC 08-04-08/218 Farmer's Market Booklet and they list the required licenses. He likes that Commissioner Maingot has placed in the draft how the Market is run, and figure out what works and does not work as they go. He said as recommendations come back, they will make this work. Mayor Sackett inquired what the next step would be. Commissioner Anderson said he would like the Commission to say yes to the Farmer's Market and make it happen. He suggested they target October for opening. Mr. Drago inquired if they were going to have it once a month or once a week. Commissioner Anderson said once a week was better. He stated when he and Ms. Allred discussed this; the key thing is the Market Manager to supervise. Mayor Sackett said for the Commission to give Commissioner Anderson, Ms. Allred, and Ms. Meli direction to get together and get this going with using the guidelines reviewed. Deputy Mayor Bundy agreed to give general directive, but he said the Commission would need a final Policy brought back by the next Commission meeting. It was the consensus of the Commission to give tentative approval for the Farmer's Market, with the final Policy being brought forward at the next Commission meeting. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Sackett adjourned the meeting at 9:27 p.m; rY~~ ~.:~' Brian D. Sackett, Mayor ATTE ~~ ~" Sarah 1l~T. Mirus, CMC, MBA City Clerk CC 08-04-08/219 This Page Left Blank Intentionally. CC 08-04-08/220