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CCMtg08-06-12Min L ONGWOOD CITY COMMISSION T ongwoodl City Commission Chambers 175 West Warren Avenue Long -wood, Florida MffNUTES AUGUST 6 2012 7000 P.M. Present- Mayor Irian D. Sackett Deputy Mayor H.G. "Butch" Bundy Commissioner Joe Durso Commissioner Bob Coates Dan Langley, City Attorney .Lon C. Williams, City Administrator Sarah M. Mir us, City Clerk Troy-Hickson, Police Chief Sheryl Bowen, Director of Community Development Services Bill Guulbrrandsen, Fire Chief Fran Meli, Director of Leisure Services Michelle Longo, Executive Assistant to City Administrator Absent: Commissioner John C. Maingot (Excused) 1. (CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATION DIlTATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY Y ANNOUNCI" MENTS. Ms. Mirus read the following announcements: A. National Night Out will be held on Tuesday, August 7, 201'2 from 6:00 p.m. to 9.00 p.m. at CandyNnd Park, 599 Longdale Avenue. I. The "Downtown Longwood Cruise-In" Carr Shown will be held on Satunrcdlay, August 11, 2012 from 5000 p.m. until 8:00 p.m. in the ]Historic District of Longwood located off of Church Avenue. C. Senior Matinee will be held( on Wednesday, August 15, 2012 from 1.30 p.m. until 3030 p.m., Longwood Community Building, 200 West Warren Avenue. This months feature is Safe House. CC 08 -06- 1.2/209 4. RECOGNITIONS/PROCLAMATIONS. A. District 94 Presentation of the Business Person of the Month Award for July 2012 to Mr. Frank Ramseur, Owner of Quadrant Group, Inc. located at 172 West Warren Avenue. Deputy Mayor Bundy read a brief biography on Mr. Frank Ramseur, Owner of Quadrant Group, Inc. and presented him with the Business Person of the Month Award for July 2012. Photographs were then taken. B. Nominations- Annual Key to the City Award. Mayor Sackett stated Commissioner Maingot nominated the President of South Seminole Hospital and Mice President of Orlando Health, Mr. Bob Snyder. Nomination carried by a unanimous voice vote with Commissioner Maingot absent. S. BOARD APPOINTMENTS. A. District 1 0 Nomination to the Board of Adjustment. Mayor Sackett nominated Mr. Darrell Nilson, 876 Cedar Run Cove, to the Board of Adjustment. Seconded by Commissioner Durso and carried by a unanimous voice vote with Commissioner Maingot absent. B. District 1s4 Nomination to the Parks and Recreation Advisory Board. Deputy Mayor Bundy nominated to reappoint Ms. Lori Dice, 609 Quail Avenue, to the Parks and Recreation Advisory Board. Seconded by Commissioner Durso and carried by a. unanimous voice vote with Commissioner Maingot absent. 6. PUBLIC INPUT. A. Public Participation. William , Stroud , 1535 Kathryn Drive, stated his concern was the Lake Fairy Outfall,Project. He said he presented the Commission with paperwork of what they have going on and the Project has been in the malting for approximately nine (9) months. He said within the nine (9) months, the wheels have slowly started turning faster and then it got extremely slow. He said he approached the property Friday night to about a seven (7') foot sinkhole, to where the culvert has lost its integrity underneath. He noted there was a. cavern underneath where all the rain water was going doyen, and it has stretched all the utilities out approximately one (1') foot in CC 08 -06- 12/210 depth, and severed a couple of the lines underneath. He said it was his assumption that the wheels were moving fast forward when they got to slow, and it was over the job order contracting (JOC) costing. He said the City had told him their hands were basically tied, waiting on all the bidding and all the processes to take place. He said he was here to ask if the Commission could reconsider the JOC costing and get this project to be moved forward. He stated the bridge was fixing to fail, and it was the only way in and out of his property. He stated there were other reasons besides just that, so he would like to be at the top of the stack of the bidding process to get this JOC costing stuff put behind everybody. He said he was not sure how it all works, but if they could look at the pictures he provided for them, discuss it, and then tell him what their opinion was. He said he would like to invite them to come there in person, because the pictures do not do it justice. He said if they could visit the site and see how patient they could be with the encroachment of their property like that, they might get a little more insight about what could be done about it. Mayor Sackett said he told him earlier when he saw the pictures today, he thought that was his head down in the hole that far into the sinkhole. Mr. Stroud said when he tried to repair it, he stepped off to the side of one (1) of the temporary repairs that Blue Ox Land Services, Inc. had put in, and his foot went down about three (3') feet, so he knew that with an eight thousand (8,000) pound vehicle that he drives, it would not be long before he had a catastrophic failure of the system, and then they were going to have a whole new reenactment of what happened three (3) years ago. Mayor Sackett said he would like to turn this over to the City Administrator, Mr. Jon Williams and Commissioner Durso, who he believes he had some contact with. Conunissioner Durso said he went and spoke with Mr. Stroud yesterday and saw some of the damage on his property. He said this particular issue had been an issue for a long time, and it has not just been about his property. He said it has also been about the levels in Lake Fairy and subsequent lakes. He said they have had problems controlling the flow out of there, and what he would like to do is get a recorninendation from the City Administrator on how they can fix this once and for all. He said he would want to know what process they needed to go through, because in light of the situation, it was pretty close to becoming an emergency, whether or not they needed to go to a JOC on this, or what the process was. He said it was more than just about his property at this point. He noted there had been multiple complaints and multiple times they CC 08 -06- 12/211 had to deal with this particular outfall, so he would like to figure out which direction they needed to go and hurry up and get there. Mr. Williams said the simplest and shortest way was for the Commission to reconsider pursuing JOC for construction of these necessary improvements. He said if they recall back in early June at the first meeting, the former Public Works Director /City Engineer, Mr. John Peters had brought forth a recommendation to proceed using JOC and the proposed cost of the project at that time was $153,987. He said the Commission had placed a hard cap on using the JOC process at $75,000. He stated what led up to the delay to that point, he was not sure of the actual events, but given the light of the erosion that had taken place and the fact that he had some utility failures out there, conversations with Pegasus Engineering, LLC today, a band aid was not the solution for this Project. He said they continue to get rain on a daily basis, and amounts that were estimated as to what they may get in the finure. He said there may be a tropical storm or hurricane, and that situation was likely to worsen over time. He said with that, they could continue with the traditional bid process, but as they discussed in June, it was every bit of a ninety (90) day plus process to go through the proper advertisings, the bid processes, etc. He said to address the situation more expeditiously, if the Commission would give them the authority to proceed using JOC, they could begin to process it as soon as tomorrow. Commissioner Durso said he had one (1) follow -up. He said his concern was with the rainy season being what it was, they were either going to have that bridge fail, and it was going to block off that outflow, and that Lake was going to come to people's back doors. He said, or they were going to clear the rainy season and get into the dry season, and that bridge was going to fail by sheer weight of use. He said then, their friends to the south where those lakes flow, were going to be concerned because no water in any way, shape, or form was going to be flowing there. He said so they were going to have a little bit of an issue either way, so what he needs to know is, what would be the motion to get them there. Mr. Williams said if the Commission was going to entertain and approve a motion to pursue JOC and issue a purchase order in the amount of $153,987.03 to get this process done, he thinks that would be as appropriate. Mr. Langley stated the Commission previously set by a_ five -to- zero (5 -0) vote to restrict the JOC to $75,000 or less. He said as the Commission, they can reverse that on a project specific basis or reverse it altogether. He noted the JOC process did have caps in it itself, which he believes this Project was below the contract cap, so CC 08 -06- 12/212 the Commission has the authority upon the vote of the majority to approve this specific Project on the JOC contract that the Administrator was referencing for the amount of $153 Mayor Sackett asked if this was job specific. Commissioner Durso said let him be clear, this should be job specific. He said he was not trying to undercut the intent of capping the JOC at $75,000. He said in light of this current situation, he thinks this probably bears a little bit more rapid attention. Commissioner Durso moved they waive the $75,000 minimum of JOC contracts and authorize a contract totaling the amount of $153,987.03, specific to this property on Kathryn. Seconded by Deputy Mayor Bundy. Deputy Mayor Bundy asked if they ever determined who owns the canal or that outfall and noted there were issues with the County on it about ownership. He inquired if the City owns it or does the County own it. Mr. Williams said he did not know that information. Deputy Mayor Bundy said orig the County was involved in it, and they had to get the Corps of Engineers to sign off on it just because they were not sure if they had anything to do with it. He said at that time they did. He stated the last time they did anything; there was an ownership issue of whether it was the City's or whether it was the County's. He said he would like that question answered, and knows they were going to have to bring it back as an Agenda Item on the Consent Agenda to approve the contract. He said he would like that question answered because if it was not the City's, he stated he was not fixing it. He said he cannot justify spending $153,987.03, unless the County was going to help them. Ike said that was plain and simple, unless it was something that they caused. He said if it was not their responsibility, then they got into it. Ike stated other than that, he was fine with it. Mayor Sackett said to Deputy Mayor Bundy, he was saying that under the Consent that they put it under, probably next time, that he would like that answered within that. Deputy Mayor Bundy said he would like to see who owned it, because that would determine which way his vote will go. He said the other thing was this Project has been going on for nine (9) months. He stated there was absolutely no excuse for these CC 08-06 - 12/213 projects and noted he saw Ms. Bobbie Corbitt in the back of the room. He went on to say this was not a major project nine (9) months ago and it probably would have been a $50,000 project. He said he was really getting sick and tired of staff dragging thcir feet on projects and then coming to them at the last minute and declaring an emergency. He said this obviously was, but he said he was tired of staff doing this. He said if they have a project, move forward with it, bring it to them, get an answer, and let's get moving on it. He said if not, go home. He noted it happens time and time again and they get hammered up there. He said they get a situation that we are faced with and now have a resident that has an emergency situation on his property. He said the last time it was brought up in June, it was coming into the rainy season, they need to get it done, it was an emergency. He stated it was not an emergency nine (9) months ago. He said they knew the rainy season was corning nine (9) months ago when they started this, so he wanted to vent, and he was sick and tired of this stuff coming up and put in their laps as an emergency, and they have to spend .$153,987.03 and Having to exceed caps that they have imposed on themselves. He said this was a warning to staff. He said any projects that they have just started, move on it expeditiously. He said if it has the potential for something like this, get it done sooner because if they come in and bring it to them and it was an emergency, he was not going to be any happier than he was right now. Conunissioner Cortes said he would like to get that question answered about the ownership because he remembers they discussed this closer to nine (9) months ago about that canal and ownership. He remembers the discussion on it, if it was not the City's, the discussion was could they get the County to sign -off on it, so they could get things going faster and here they were almost a year later and that question was not answered, and he wanted it answered. He stated he had a discussion with the Administrator and wanted to try to get an estimated cost, not just because of what Mr. Peters had brought to them. He said the whole key was getting the best bang for the buck. He stated this was what needed to be done, this was what it was going to take to fix, and this was what it was going to cost. He said he did not want to come back later and find they spent $153,987.03 and they could have done it for $120,000 or it was at $150,000 and now it was going to cost them $180,000. Mayor Sackett stated they had a motion and a second. Mr. Larwley said based on the discussion, just clarify the motion and what it was and what it was not, because what he understood, CC 08- 06- 12/214 some Conunissioners had requested during the discussion that the matter come back to the next agenda. Deputy Mayor Bundy said under the process, they have to bring it back to the next meeting for approval of the work order. Mr. Langley said the motion was to waive the $75,000 limit and to bring the item back for further approval at the next meeting. Motion was approved by a unanimous roll call vote with Commissioner Maingot absent. Dr. Tina Calderone Chairman of the Seminole County School Board, 400 East Lake Mary Boulevard, Sanford, said she was taking this opportunity during the summer to visit with all their friends and neighbors in all the cities to publicly thank each of them on behalf of the entire School Board for being such a wonderful partner. She said they all serve the same constituency group, and they know what makes this County wonderful was open dialog, open collaboration and communication, and she was here to dedicate that they will continue to work together with the City to make sure that they were meeting all the needs of all their . residents, so thank you gentlemen. 7. MAYORS AND COMMISSIONERS' REp ORTI o Distr id G. Commissioner Coites said they recently had the privilege of inaugurating the newest fire truck, Engine 17, and it was a great activity for being there and giving out ice cream. He said the children had a blast with the fire hose coming out of the truck. He stated he was impressed about the whole procedure of passing the old fire truck on to the new one. He also welcomed Dr. Calderone and thanked her and the School Board for the use of Longwood Elementary School. He said they have put the School to very good use in the community. He noted this Saturday, they will have the Cruise -In Car Show. He noted last month, they had a record of 240 cars and does not think they would reach that, but hopes Mother Nature behaves and keeps the rain away. District #, - -4. Deputy Mayor Bundy said they had, t1le Budget Work Session on Monday, but they really did not get involved in much discussion on expenditures, and all they did was discuss revenues. He asked was there a plan to have another one to discuss that or get involved in that, or were they waiting for the Administrator to come back to see the results of some of the revenue discussions. Mayor Sackett said he thought it was one - sided. Deputy Mayor Bundy said this was his twelfth (12' budget and noted he had been here almost thirteen (13) years, but staved out with a budget that CC 000-06- 12/215 was passed before he got elected. He said this was the first one (1) he had seen that was done like that, and he was wondering about all they looked at was the potential revenue side of it. He said he would like them to have an informal setting and maybe do another Budget Mork Session that they could get into the frame work of the budget. He said that way, when it comes time for the public hearings, it would be an opportunity for the public to give them their thoughts on it.. Mayor Sackett said he agreed with that. Mr. Williams said he would have staff check the calendars and schedule it. Deputy Mayor Bundy said he was appointed by the Conunission to represent the City on the Public Schools Facility Planning Corrimittee, and they had their first meeting this month. He noted he almost got sandbagged by Mayor Charles Lacey of Winter Springs into being Chairman. He said fortunately, that did not happen, but then Seminole County Commissioner John Horan nominated him for Mice Chair. He said it was a very good productive first meeting, and they established things they were going to be looking at and reaching out to work with the School Board staff to help in formulating from their perspectives the policies that may be necessary if any further schools have to be closed. He said there was an interlocal agreement they have been operating under that, because of legislation, it was pretty much null and void now. He said the consensus was they want to keep an interlocal agreement outlining a lot of this stuff, even though it was not required that they do so in the future. He said it has still worked out well having staff working with their staff on different planiiing issues. Mayor Sackett asked if there was a posting of minutes on the School Board side. .Deputy Mayor Bundy responded in the affirmative and said he would be glad to send a memo. He said the next meeting they were having would be in October because they were waiting to see what the enrollment numbers were going to be. He said the next tentative meeting would be October 27 or 28 Mayor Sackett asked him to link them to that site. District 45> Mayor Sackett said he received an electronic mail from someone that lives within the City. He said he knows when they send out a bill, it was usually due fifteen (15) days after receipt of the bill. He said she was wondering if the City was aware when they do their utility bills and they send them out on the first and they were due on the 15"'. He said that might present a problem for those people who were struggling a bit, and asked if they could go out earlier, or if there could be a_ one (1) week difference. He said she was asking if there was a way this could be CC 08 -06- 12/216 handled. He said she just thought that two (2) weeks and having some money concerns, was difficult. He said he Imows Bright House does it, the telephone company does it, Visa and MasterCard does it with their cycles. He asked if they could do something that could help a little by extending it a week maybe. Deputy Mayor Bundy said he got the same electronic mail, and the thing was they have basically thirty (30) days to pay it before they even start threatening to shut -it off, but the late penalty kicks in after twenty (20) days. He said maybe they could set it up so that the late payment does not kick in until twenty five (25) days. Mr. Williams said informally, they recognize the economic times that they were in. He said technically in most cases, the services should be terminated after thirty (30) days. He said they typically allow two (2) months extra to try to help people through chat process. He suggested that they go back and look at the procedures and bring back some options. He said cash flow was something they have to be cautious about as well. Mayor Sackett said right, it was a two -sided thing, and he thinks in this way they could find an agreeable answer. Deputy Mayor Bundy said maybe even have it sunset automatically after a couple of years or have it revert back to the original cycle. Commissioner Cortes said to be cognizant that a lot of people receive their checks between the first (l') and the fifth (5 5 of the month, and the bill was usually not received until after that. Mayor Sackett said he just wanted to be more compassionate to people that was an issue for, and if they can give them an answer to be sensitive, it was a good thing. Commissioner Durso said he received the same electronic mail, and as a matter of fact, he received a telephone call last week and spoke to the Administrator about it. Mayor Sackett said he did like the electronic mail that he received from Seminole County Waste Management on all the new recycle materials, and it was posted on the website. He said he was saddened to hear that AMF Bowling in Longwood was going to leave on August 1 I' He stated it had to do with a contract or lease arrangement with a New York agency, and since there are two (2) other AMF's around, this Longwood one does not have a working lease arrangement that was positive. He asked if they tried to offer any assistance. CC 08 -06- 1.2/217 Mr. Williams stated they did and the Economics Development /Special Projects Manager, Ms. Patrice Murphy offered any assistance, and they said they would handle it through their corporate offices and let them know. Mayor Sackett said Class 22 of Leadership Seminole was off to a great start and went to their reception. He noted they have a member in there, the City Administrator. He stated he went to the reception, but he did not see him. He stated regarding the fire dedication, he echoes Commissioner Conies comments and noted having all those children there getting we made it a memorable event. He said everyone at the station was beaming and that was wonderful to see. He said he may need Comnmissioner Durso to help him with this next 'item he wanted to mention. He said he had asked the question in the past of why isn't State Road 434 like a Longwood Boulevard. He said that was doable, and it had to go through the guy sitting on his right. He said to do so requires the backing of the idea of prioritizing MetroPlan, and that was something they can get done. He said he would like Commissioner Durso to investigate and see what they can do to call it Longwood Boulevard. He noted there were Lake. Mary Boulevard, Semoran Boulevard, and State Road 434 — that stinks! He asked how come when he was driving from Disney; he did not know how many minutes it was to the Longwood exit. He said he knows how far Lake Mary was, and he knows how far State Road 436 was, but he did not lulow how far Longwood was. He said to Commissioner Durso, they will also do that for them as well. He said he had a direct talk with the Florida Department of Transportation (FD ®T), and he said they talked about this road diet plan at Ronald Reagan Boulevard to slow people down a little bit. He said they could have a road diet from Rangeline Road to Ronald Regan Boulevard if they want to, but it had to go through MetroPlan as a priority. He said instead of getting these people to zip through State Road 434 to get to the 417 (Central Florida Greenway) faster, they may have to road diet and slow down and see with the Wayfinders signs, so he said to Commissioner Durso he needed his help. . He said he would like to see something in the next month, so he could report. Conunissioner Durso said they just had their MetroPlan meeting, and Wednesday was the big Board Meeting. Mayor Sackett said he wanted some help with State Road 434 and he wanted some identification for the City of Longwood. District 1 11< Absent.. District 92. Commissioner Durso said with regard to renaming State Road 434, the minutes to Longwood Boulevard, and the road diet, he asked Mayor Sackett if he could get with the City Admninistrator, and then what he could do was coordinate with Mr. Williams and the MetroPlan CC 08 -06- 12/21® staff. He stated they can get it put on the MetroPlan Municipal Advisory Community (MAC) Board Priority List, aid then they can add that Priority List to the big Regional Board and see where it goes. He said all of those things seem quite reasonable and he doubts if they get much push back on them. He said of all of them, the road diet would be the most discussed issue, but it was really a local control issue and what they choose to do in their own boundary, so he doubts they would get too much push back. He said he wanted to echo the comments of Con Comes to Dr. Calderon about the use of Longwood Elementary School. He said the Rotary Club of Longwood was getting ready to have an opening ceremony for the garden. He noted that had been very important to them and to The Christian Sharing Center, where Deputy Mayor Fundy sits on the Board, so when that invitation comes out he would make sure everyone will get it to see our glorious garden. He noted there were already things in bloom and growing things at full capacity already. He said the last thing he wanted to mention was a direct reflection of Deputy Mayor Bundy's comments on the revenue versus the expenditures conversation they had on Friday. He said he would like a consensus of the Commission if he could do like what he did with the Health Care Clinic on his own time, and start to research the purchasing of a utility. He said they had this discussion in some capacity at one point or another. He said he had conversations with a number of attorneys that handle utility purchases. He said they said it was something they could do in a nine (9) month to g- one (1) year period. He noted those things were subject to all sorts of pitfalls that could occur in the purchase of a utility, but he opposed the tentative millage increase, and he would like to put his money where his mouth was and see if they could find the revenue somewhere else. He said if it was okay, he would like to be the point person, do the research, and bring it back to the Commission. He said he would like a consensus from the Commission to do this. It was a consensus of the Commission to grant Commissioner Durso the go ahead to investigate the purchase of a utility. Commissioner Cortes said he had the name of a person who was very close to some of these utilities that know the insides of the equipment. Commissioner Durso asked him to get that information to him as soon as possible. Commissioner Durso said he wanted to explain what he was going to do next. He said there were a number of attorneys that have general information that would be helpful to them. He said he would put together a basic timeline and work out some estimated costs so they can make a serious determination as to what steps they have to take, how much money it would cost, etc. and working through the complete purchase. He said he would try to be as complete as possible in the definition of the work, and CC 000- 06- 12/219 would see if they could figure out a new way to expand the business model without laying the taxpayers out. Deputy Mayor Bundy noted another person to talk with and spend some time with was the Utilities Division Manager, Mr. Richard Koinbluh. He stated he was fairly well- versed and knowledgeable on the eastern portion 'of the system. Commissioner Durso said he and Mr. Williams had a conversation where he believes there are some possibilities for elimination of duplication of services, and they could streamline some things and save some money. He said a lot of this has to do with how it all works out and how the system was prepared on the west side of town. Ike said there might be one hundred ($100) million dollars' worth of work to be done, and clearly that will cause them to scrap the deal, but there also just might be a minimal investment that needed to be made, and they may have a new asset that generates revenue for the City. 8e ANY ADDITIONS OR DELETIONS TO THE '+ AG' i ND3A. None. 9e CONSENT AGENDA. A Approve the Minutes of the July 16, 2012 Regulars Meeting. B. Approve the PV®nntrhly Expenditures for Julyand August 20120 Commissioner Durso moved to approve the Consent Agenda. Seconded by Commissioner Coi and carried by a unanimous roll call vote with Commissioner Maingot absent. 10. PUBLIC HEARINGS. None. 11. i cGUILAR BUSINESS. A. Kitty Wolf, Owner of Affordable Memorials, requests the City Commission discuss the installation of the Jimmy and Dorothy Memorial in Longwood Memorial Gardens. Ms. Mirus stated on June 29, 2012, she received a memorial installation application from Ms. I'it Wolf with Affordable Memorials. She said on June 29, 2012, she denied the marker because the marker needed to be flat and not a monument marker and noted the proposed marker did not meet the size requirements for two (2) adjoining, side -by -side lots. She said according to the Rules and regulations, the maximum was sixty -two (62 ") inches by eighteen (18 ") inches by four (4 ") inches. She said in accordance with the Commission Rules and Procedures, Ms. Wolf submitted a request to place the matter on the Agenda before the deadline. She stated at the last Commission Meeting, the CC 083-06- 12/220 Commission approved to place this matter on tonight's Agenda and requested Ms. Wolf to draw the proposed marker to scale, which was included in tonight's Agenda Packet. She said in researching Phase I of Longwood Memorial Gardens there were several monument markers that exceeded the Rules and Regulations and provided specific examples. She said before the Commission was the Rules and Regulations as it pertains to marker sizes. She stated recently in the news there were two (2) articles while she was out of town that were about two (2) children's deaths in both North Carolina and Utah who were playing in cemeteries and were crushed to death by tombstones due to wear and tear over time. She said her concern in the future would be the security of the marker. She said it would be up to the Con nission to grant or deny the variance and to allow the proposed marker to be installed. Commissioner Durso moved to allow the variance in the Cemetery. Seconded by Deputy Mayor Bundy. Deputy Mayor Bundy said one of the reasons he was supporting this was that the plots were bought a long time ago. Ile said he knows they were under no obligation legally to honor the standards that were in place, but he thinks it was the right thing to do. Mayor Sackett said when he initially saw this, he saw it was an old, long ago purchase, and those Rules were the Rules that they were. Deputy Mayor Bundy said this was a purchase for use in the far distant future, so they were looking at what they were going to be able to do with it. Motion carried by a unanimous roll call vote with Commissioner Maingot absent. B. City Commission acknowledgement of notification andl approve the IF EMA/DHS Assistance to Firefighters Gu°ant (AFG) e- grant proposal to continue the review process. A ten percent (10%) matching funds in the amount of $2 is being requested in the budget for fiscal year 2012/2013. Commissioner Durso moved to approve Item 1113 as presented. Seconded by Commissioner Comes and carried by a unanimous roll call vote with Conumission.er Maingot absent. CC 08 -06- 12/221 C. City Commission discussion and direction on the construction of a Dog Park at Arbor Pare. Ms, Meli provided a brief background for Item I IC and wanted to know if there was still a.consensus for a Dog Park, using the money that was in the budget and noted it would not be a complete Dog Park, but would be a beginning with fencing and side amenities. She noted the Parks and Recreational Advisory Board did review this and there was a concern there was a toddler playground riglit next to the Park. She stated she needed direction either to move forward or not do this. Mayor Sackett asked if they were seeing a Dog Park that would be phased in and someday get done and what did the 938,000 bring them. Ms. Meli said $38,000 would get them fencing, a water fountain, a doggie bag station, and some side amenities such as a picnic table and benches. She said it would not get them a concrete walkway and provided the City of Sanford's Dog Park as an example. Mayor Sackett asked if this could be a scout project. Ms. Meli answered only if they can come up with a lot of money. Deputy Mayor Bundy said to him it looks like the only amenity they were missing was the concrete sidewalk, and he does not think that was something he would be too concerned about. He said with this, they were going to get a Dog Park and it would not have a concrete sidewalk for the people to walk on. He noted the people could walk on the grass and mulch. He said it was either that or nothing. Mayor Sackett said one thing to address was the safety of the little children and asked if that fence would help the situation. Ms. Meli said that definitely was a concern. She said most people whose dogs go to a dog park were well behaved dogs and these were not the dogs that were just running loose. She said they have often talked about moving the Toddler Playground into another playground area because if they have multiple ages of children, they were not going to have fun there. Cominissioner Durso said in the plan, it would be great if they could just address the safety issue by specifically delineating how tall the fence was, ,the little cage they have to transition from going into the park from the parking lot, and things along those lines. He said he did remember the conversation where they said they CC 08 -06- 12/222 wanted to move the playground to the other side, because there were times when parents had children playing ball or children on the other side of the park, and they could not watch their as well. He said they were trying to reposition it and snake it easier for parents to enjoy the park with all of their kids. Ms. Meli said the Toddler Playground was totally fenced in so there would be a fence around the Dog Park and a fence around the Toddler Playground. She said the Toddler Playground was not a place where children go without parents. Commissioner Durso said it sounds like the concern was about the open spaces in the parks like open areas, parking lots and open fields where dogs could get out, so there had to be some -kind of security and enforceable rules that hold the City harmless and provided a specific example. Ms. Meli said she thinks the Ordinance takes care of that already. Deputy Mayor Bundy said the Ordinance states "under control ", and he thought they needed to be more specific than that. Ms. Meli responded in the affirmative. Commissioner Comes said in the future when they revisit this, they needed to revisit the animal control ordinance. He noted they piggy -back off the County's, and he does not think that was acceptable. He said if they were going to have a Dog Park, they needed to revisit and make their own animal ordinance. He said he brought this up two (2) years ago, and it was still up in the air. Mayor Sackett said he was pleased about the "no dogs" signs at Reiter Park. Commissioner Cortes said he asked the Administrator and Ms. Meli if there was a drawing of the Dog Park and Toddler Park, so they might have an idea of where they might be moving it, and his concern was about this bringing cars and an eventual parking problem. Ms. Meli said there was a small parking lot between Candyland and Arbor Park. She said they could enlarge that some because it was not a hard surface, and she did not know if there was street parking on (want Street. Commissioner Cortes asked if there was a_ plan in place to make sure the Park would be maintained properly. CC 000- 06- 12/223 Ms. Meli said that would come if they develop this Park. She said she had a lot of pictures of signage from other dog parks if the Commission decides to go ahead. She noted this would all come back to the Commission if they decide to move forward. Deputy Mayor Bundy said regarding parking on Grant Street, he knows there was none up through the S curves, and technically all the way down, but Grant Street dead ends on the north side of Candyland Park. He stated they could reconfigure the parking and maybe get another twenty five percent (25 %) to thirty percent (30 %) in that southern end of Arbor Park if they delineate the spaces because people pull in instead of having spaces marked off for them, so they would fit more cars if the spaces were delineated with eight (8) by eight (8) timbers. Conunissioner Durso moved to approve the construction of a Dog Park at Arbor Park, with the caveats of the security and parking issues being addressed. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote with Commissioner Maingot absent. D. Michael Towers of Fleet Fina!ncia!l Corporation, Inc., requests, the City Commission hear a Temporary Use Permit (TUP 09- 12) waiver to allow a commercial vehicle adlvertising at catering business to be parked on the vacant lot located at 101 West Mate Road 434 (the northwest corner of State Road 434 and Ronald Reagan Boulevard). Ms. Bower said basically he was requesting to be able to park the vehicle there. She said in exchange, he has an agreement with the property owner that he would clean the property, remove some of the asphalt, weeds and underbrush, sod it and maintain it. She said he was requesting that he do it in perpetuity and staff put limits on it only because the nature of a temporary use was supposed to be temporary. She suggested a ninety (90) day with automatic renewal, but that was the only suggestion to at least start a discussion. Mayor Sackett said so Ms. Bower's suggestion was to limit to ninety (90) days because of a rule of what a temporary permit was and then leaving it up to their discretion about perpetuity. Ms. Bower said it would automatically renew after the ninety (90) days. She said Mr. Towers brought to her attention that he was going to be spending $3,000 and he did not want to spend that money if any of the Commissioners could pull the plug on it at.any time, and she said it would have to be - voted on by the Commission, but he still had concerns about that. CC 08- 06- 12/224 Mayor Sackett said so in ninety (90) days they could pull the plug and inquired who the owner was of the property. Ms. Bower stated JJS & S Investments, LLC was the owner of the property. Mayor Sackett said the idea was that the ugly comer lot would be cleaned up, concrete removed, no aprons removed, grass planted, and a catering van sitting on it. He said the catering van would not be changing its logo. Deputy Mayor Bundy said a ninety (90) day permit automatically renewed was a permanent application. He said then that would not be a temporary use permit, but would require something else. He said he was in favor of maybe not ninety (90) days but six (6) months, and then a positive renewal from the Commission. He wanted to see that corner get cleaned up, maintained and taken care of, but also he did not want to set a precedent. Mayor Sackett said he hears his dilenuna. He said the Historic District was looking for Wayfiiiding Signs and that seems to be a. good property to point directions. He noted that area was a brownfield type thing, needed a major cleanup and it was an eyesore. He said he did not know how feasible it was to put a business there. He stated when it was a gas station, it was always difficult to get in and out of, but the idea that he gets to park a caterin business vehicle there was a precedent. Conunissioner Cones said he looked at the pros and cons of this, and the pros side was they were going to take a much blighted property, take away the concrete, add some grass and make it more presentable. He, said let's say the property owner built a business there and said there would be cars with signs there all the time moving in and out, as any, other commercial business would be. He said so the fact they would be limiting themselves and saying this was going to be there and promoting something, if they look at any other property, say United Parcel Service of America, (UPS), and how massy trucks they have parked on the property. He stated so that was not a particular issue for him. He said his concerns were: the property gets maintained, the issue of a possible foreclosure and that it must remain only one (1) vehicle. 'He said he did speak with the Applicant, and he told him in addition, limiting who had access into this and to even put some tow away signs to make sure it does not become a place to park cars for sale. He said Mr. Towers assured him that would all be taken care of. Mayor Sackett asked if this was a foreclosed property. CC 08 -06- 1.2/225 Ms. Bower said it was removed from the Clerk of the Court's website today. She said she spoke to the property owner last week, and he said that was what was going to happen and it did today. She stated she had checked on it and it had been deleted off the list. Commissioner Cortes moved to approve Item 11 D for six (6) months with a positive renewal to come back to the Commission for renewal in six (6) months and with maintained standards during those six (6) months. Mr. Langley said to clarify the motion and asked if they would like to incorporate the other staff recommended conditions in their motion. He noted the only thing they were changing was the ninety (90) days to a six (6) month period, but also instead of an automatic renewal, it has to come back to the Commission for a formal approval in order to reinstate the renewal and all the other conditions remain the same. Commissioner Durso asked Mr. Langley with regards to item no. 6 and read it from the Agenda Item that stated "If for any reason the property was no longer owned by JJS & S Investments, LLC, the Temporary Use Permit.(TUP) and all waivers associated with this approval shall be terminated." He said his only issue with any of this was just making sure that if a developer came tomorrow and said they wanted to build anything on that property, they have an out, so they could move forward on that and do not have to wait six (6) months to develop that property. Mr. Langley said assuming the developer was the new owner of the property it would because JJS & S Investments, LLC was the current property owner. Commissioner Durso said his question was if JJS & S Investments, LLC still owns it and they choose to develop it with a company, then they were issuing a permit to whom. Mr. Langley said to the property owner. Ms. Bower said to the property owner with the business acting as the agent typically. Mr. Langley said the property owner does not have to exercise the temporary use permit, it was an option. Commissioner Durso said he just wanted to make sure they have an out. He said if the property owner tells the Applicant amending this because they were building, he was within his rights, -and they CC 00-06- 12/226 won't be held liable for anything on the back end of that permit. He said he wanted to know if there were any costs associated with it. Mr. Langley said the City should not be responsible. He said he was not sure what deal the property owner would have with Mr. Towers that would perhaps restrict the property owner from going to an alternative person who wants to develop the property. He said he cannot answer that, but the City was not responsible for any cost that was incurred by the Applicant when they know the rules of the game. He said the rules were the conditions of approval. Deputy Mayor Bundy said if they refer to the agreement, in the first paragraph at the end says this agreement would allow fleet Financial Center, Inc. to park one (1) vehicle with commercial lettering until such time as development starts on the site. Commissioner Durso said he wanted to make sure the City has an out if they want to develop. He said if they were legally saying this was legally sufficient to get them out, then he was comfortable with it. Mr. Langley said he wanted to make sure he understands the question. Commissioner Durso said if they wanted to build a Stasbucks on the corner, he wanted to make sure they do not have to wait five (5) months and fifteen (15) days to do it. Mr. Langley said factors they do not know about and the deal the property owner may be cutting with this particular individual, such as a lease agreement or something that gave this person a legal possession of the property. He noted that did not involve the City. Deputy Mayor Bundy said he would be the one involved with Starbucks in negotiating the access and development of the property. Commissioner Durso said if he says this was legally sufficient to get him where he was going here, he was fine with it. Motion carried by a unardmous roll call vote with Commissioner Maingot absent. E. Read by title only and adopt the 1Il Assessment Resolu'ROU No. 12 -1315 and►_ set September 4, 2012 m the public hearing CC 08 -06- 12/227 date to adopt the Final Assessment Resolution, which imposes the Shadow Hill Capital anti Yfaintennanace Assessment. Mr. Langley read Resolution No. 12 -1315 by title only. Commissioner Durso moved to approve Resolution No. 12- 13.15, adopting the initial Shadow Hill Capital and Maintenance Assessment Resolution and set September 4, 2012 as the public hearing. Seconded by Commissioner Cortes and carried by a unanimous roll call vote with Commissioner Maingot absent. Deputy Mayor Bundy asked if they were getting what they wanted and the City was not imposing the standards, wishes or design. He said they were not going through another Barrington that they were still dealing with because they did not give them what they wanted. Mayor Sackett said this was a nice looking sign and it was a whole program. 12. CITY ADMINISTRATi OR' S . N PORT. A. Update on the solid waste con tracts. Mr. Williams said during the Budget Work Session, Commissioner Durso requested an update to be brought back relating to a discussion on about franchise fees with solid waste. He said he met with the City's solid waste provider, and in discussing the process, found there were some synergies that were obtained by a one (1) service provider by providing both residential and commercial solid waste. He said the details have not been worked out at this point in time. He said he has reached out to the City Attorney and he and Mr. Langley were working through the legalese aspect of it, and they would be bringing back to them a proposal sometime in the future. Mr. Williams said the second item was a request for permission for the Commission to discuss the upcoming September 11 in terms of whether or not they want to hold some type of celebration for September 1 I Mayor Sackett said his feeling was, this was September 11, 2012. He said if they could do something that just has someone lighting a candle there at any time during the day that they would like to in remembrance of that day, he was fine with that. He said he did not think they needed the bells and whistles. He said he feels they should celebrate what was good about our country. He said he would rather have a personal relationship with it, stop by, light a CC 08- 06- 12/220" candle and leave it. He is not sure we need the pomp and circumstance that they have had. Deputy Mayor Bundy said he was sure everybody was tired of listening to him making speeches because he has been doing it for ten (10) years, and he said he was tired of listening to everybody else doing it because it was always hot, they were always required to be in dark suits, and he thought a much more personal, low level type of thing. He said perhaps the City would do candles there, but nothing formal, just have them placed around there or maybe a formal wreath at the Memorial. Commissioner Comes suggested placing some small flags around the lawn and to keep it simple. Mayor Sackett: said all the past celebrations and memories going on there, they have done a tremendous job. He said he thought this was the year to let it go a little bit. Mr. Williams said the Natural Wellness and Chiropractic Center would be having a Grand Opening event on Wednesday, August 8 from 11:00 a.m. to 1:00 p.m. He said also on Wednesday, August 8t at Times Square was the Learning Center's Ribbon Cutting, and on Thursday, August 9 th from 5:30 -7:00 p.m. there was the Longwood Area Council Business and Mastermind Group After Hours event. M, CITY ATTORNEY'S REPORT. No report. 140 CITY tCLERI K'S REPORT. ORT Ms. Mirus said this last week; she had been working with Ms. Kay Days, who was the daughter of Evelyn and James Adams, who were buried in Longwood Memorial Gardens. She stated she was requesting the bronze in the marker of her father's marker be replaced. She said the marker was placed in 1995 before the Rules and Regulations were adopted. She noted the bronze marker being proposed was twenty -four (24 ") inches by twelve (12 ") inches by % inch. She said the current marker was twenty -eight (28 ") by eighteen (18 ") inches. She stated this would not meet the current Rules and Regulations, and it was a Veteran's marker. She said it would still be mounted on the granite base, but it would need a variance for approval by the City Commission. Deputy Mayor Bundy moved to approve. Seconded by Commissioner Durso and carried by a unanimous roll call vote with Commissioner Maingot absent. CC 08 -06- 12/229 15. ADJOU RN. Mayor Sackett adjourned the meeting at 8:17 p.m. Irian D. Sackett, y � AT1'L('ESTl ° as �� M. Mir us, MM C, MBA, City Clerk CC 08 -06- 12/230