Loading...
CC06-03-13MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES JUKE 39 2013 7:00 P.M. Present: Mayor Brian D. Sackett Deputy Mayor John C. Maingot Commissioner Joe Durso Commissioner Bob Cortes Commissioner H.G. `Butch" Bundy Dan Langley, City Attorney Jon C. Williams, City Administrator Sarah M. Mirus, City Clerk Bill Gulbrandsen, Fire Chief Troy Hickson, Police Chief Pam Barclay, Director of Financial Services Wanda Broadway, Human Resources Manager Chris Capizzi, Acting Leisure Services Director Michelle Longo, Executive Assistant to the City Administrator 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:01 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. Deputy Mayor Maingot advised everyone present that Mr. Lenny Arcardi's wife, Glorianne Michelle Arcardi, passed away suddenly. Mr. Arcardi is the Front Office Manager for Winn Dixie and has worked closely with them on many projects. He said there was a Service for Mrs. Arcardi at Nativity Catholic Church and the burial will be tomorrow morning, June 01, at 11:00 a.m. at Nativity Catholic Church. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcements: A. The Longwood Fire Department will be celebrating their 90tn Anniversary on Saturday, June 8, 2013 from 10:00 a.m. until 3:00 p.m., Reiter Park, 301 West Warren Avenue. B. The "Downtown Longwood Cruise -In" Car Show will be held on Saturday, June 8, 2013 from 5:00 p.m. until 8:00 p.m. in the Historic District of Longwood located off of Church Avenue. CC 06-03-13/177 C. The 6th Annual Father and Daughter Dance will be held on Wednesday, June 12, 2013 from 7:00 p.m. until 9:00 p.m., Longwood Community Building, 200 West Warren Avenue. The cost is $5 per couple and $2.50 for each additional person. 4. RECOGNITIONS/PROCLAMATIONS. None. 5. BOARD APPOINTMENTS. None. 6. PUBLIC INPUT. A. Public Participation. None. 7. MAYORS AND COMMISSIONERS' REPORT. District #2. Commissioner Durso said he attended The Florida Green, Energy & Climate Conference/Expo in West Palm Beach, Florida, a few weeks ago. He brought back a significant amount of information, and he said he has to talk with Mr. Williams about a lot of programs he found. He noted he was given a scholarship to attend and offered him this opportunity to attend for a second year. He explained that some of the smaller cities that were similar to Longwood were doing unbelievably remarkable things with energy conservation in conjunction with their local energy companies. He said one of the things he wants to talk with Mr. Williams about and come back to the Commission with was that there has been a huge increase in the number of businesses that were moving to Florida because of economic incentives, not only provided by the local governments, but provided by the State government. He explained what local governments were doing was figuring out how best to manipulate those State programs and then luring those businesses down here. He advised he was not talking about old school technology. He was talking about high tech, development, manufacturing, and technology for homes in air conditioning units, water heaters, windows and doors, all different types of things. He said he would get with Mr. Williams in the very near future about all of this and bring it back, and also revisit the Environmental Green Energy Program that they have been so gracious in approving in the past, and maybe adding and expanding it a little bit. He noted there were a few cities that have really done some remarkable things, and it was at no cost to the cities. They were taking advantage of existing programs and bringing in people. Commissioner Durso said there has been a huge increase in this. It was a half a trillion dollar industry now nationwide. He does not see any reason why, with all their manufacturing areas in the southern part of the City, that they could not take more advantage of it. In the near future, Commissioner Durso said he really wants to bring something back to the City. Mayor Sackett said that makes the Program they have even better. District #3. Commissioner Cortes announced there was a Community Emergency Response Team (CERT) Graduation last week. He said there CC 06-03-13/178 were fourteen (14) members who graduated from CERT. He thanked all the sponsors that paid for the event and said he looks forward to many more classes because they all saw what happened in Oklahoma and the `— importance of having volunteers to help protect the community. He noted hurricane season started two (2) days ago and they were predicting an active one, but Longwood will be ready. Commissioner Cortes also advised the Car Show will be in conjunction with the 9& Anniversary of the Longwood Fire Department, and he was anticipating a great day -long event. He said he passed on to Mr. Williams something he found from Florida's Commissioner of Agriculture, Adam Putnam's Office on a grant relating to energy efficiency of public buildings and parks. It was a grant that they only have until the 14 of this month to submit the paperwork, but it was an excellent grant. He said they may be able to use it for the lighting, especially in Reiter Park or in Candyland Park. He noted they were moving quickly with that, and it was quite sizable. Mayor Sackett asked who would be the "they". Commissioner Cortes answered, Mr. Capizzi, and he was running with it. District #4. Commissioner Bundy said he attended the Citizen Awareness and Participation Program (CAPP) Meeting for the Weston Park Development, the apartment project at the Commuter Rail Station. He said he mostly observed and had some constituents there who were concerned about the traffic and some other things. He noted Orange Crown Companies, LLC has had some issues with the adjacent property owners and the closing of Jessup Avenue. They were at the Meeting and confronted him about those issues. Commissioner Bundy said the son and the father were there, and the father was angry because with Jessup Avenue being closed off, he cannot build houses on the four (4) lots. The son was angry because with Jessup Avenue being closed off, he cannot access the back of the properties on Church Avenue to pump out his septic tanks. He said first, he was not going to try to solve a problem that was not before him. He told them he had enough issues he had to deal with coming up and was not going to take a "what if." He asked them which problem they would like solved, access to the rear of the Church Avenue properties for septic tank evacuation or be able to build with them, because if they let his father build on the four (4) lots on Jessup Avenue, they will not have access to the backs of the properties on Church Avenue anyway. He said after some conversation, they understood that the City has done nothing negative about it, and then they were really happy when he told them they were extending sewer lines. He does not know if they [ will be so happy when it was time to pay the connection fees and hook up. He .advised it was a pretty favorable meeting, and people were curious and wanting to see what was going on. He said there "were a couple of people who were disappointed with what they were doing, but overall, it was a CC 06-03-13/179 good meeting with a lot of questions answered. He said the other thing was in conjunction with the Car Show. He was at Sam's Club yesterday, and the same people that help them produce the Car Show here were doing one that afternoon, and they were promoting their event for Saturday, so they got more promotion than they normally would do. Mayor Sackett said regarding the CAPP meetings, they started so many years ago, it seems everybody was using them and they were being used effectively to find out the communication between the neighbor and the developer. That was a positive message. District #5. Mayor Sackett said there were 780 trophies to give out at Longwood Babe Ruth, and the rain came. He said he only gave out about seventy (70) of them before the rain came, and the coaches quickly picked up all their trophies and gave them out in the parking lot. He said they do have a problem at the Park every time it rains and Babe Ruth announces over the speakers saying they must go to their cars in the parking lot. The people do not do it. They go under the pavilion or to the playground. Mayor Sackett asked who assumes liability once someone stays under the pavilion and gets hurt or stays on the playground. Commissioner Bundy said, or runs through a dugout that was surrounded by a chain link fence. Mayor Sackett said when next year's season starts, he would like to make sure it was posted and says they must go, but people were not going. He then asked Mr. Williams how they were doing on cleanouts, because they were to get four (4) to six (6) hurricanes this season. He asked if they were ready. Mr. Williams said they were as ready as they can be. He said they know there were certain areas prone to flooding after severe downpours of three (Y) inches or more within an hour. They have certain areas they inspect after every rain, and were constantly doing the necessary maintenance. Mayor Sackett said he felt they were being more proactive than they have ever been before when they saw grass growing out of those things, and now they see that they have been maintained. Mr. Williams said they were very cognizant of the system and were being very proactive in maintaining it to the best of their abilities. Mayor Sackett said the CERT presentations went very well. There were a lot of community people who care about the Police and Fire Departments, and that was wonderful to see. They sit in workshops and train and set things on fire and create scenes at Longwood Elementary School. He said the citizens were doing a bang-up job of wonderful things for this community, and accolades to them every time this happens. He said he CC 06-03-13/180 was proud of what goes on here. Mayor Sackett asked if they remembered last season when they had alcohol at the Park. There was one (1) person who was drinking at the Park. He did it again, and he said he does not remember being told that alcohol was a no -no there. Babe Ruth was meeting with the person, and they would like them to meet with them and do a No Trespass of the Park for ninety (90) days. That was requested yesterday. Mayor Sackett said he went to Lyman Crew/Rowing Dinner a couple nights ago, and they went from twenty (20) to forty (40) members, with next year's goal being seventy five (75) members. They placed eighth in the men's and seventh in the women's in the national competition. He said their slogan used to be "you can only lose at Lyman." It was not that any more. Lyman was full of winners. He said regarding the women and gentlemen who were promoting all the good about that sport, he was very proud of them. One of the girls even won number one (1) in the smaller boats. Lyman Crew was becoming an elite thing. Mayor Sackett mentioned the 90'' Anniversary of the Longwood Fire Department coming up this weekend and was hoping it will be a wonderful turnout. District #1. Deputy Mayor Maingot said he wanted to follow-up the comments regarding preparations for the coming hurricane season. This was based on past experience. He noted they have a certain number of generators, backed up with diesel equipment at some of the various large retention areas. He would like to suggest that staff who were associated with running that equipment make sure it was fully operational; and to also make sure the diesel fuel in those tanks was up to scratch, so when they were running it, it does not shut down. That was the only thing that was going to save them from flooding, was getting those pumps running. It has happened twice already, so he was just being proactive. Deputy Mayor Maingot said on May 23`d at 8:30 a.m., Pat Gleason, who was Special Counsel for Open Government for the Attorney General, Pam Bondi, did a presentation here. He said he apologized for the absence of the Mayor and fellow Commissioners, and said her presentation was absolutely tremendous. The City Administrator and City Attorney were there, along with the City Clerk and senior staffers. Her presentation was the very best he had heard on the subject. He noted he had been hearing some rumbling about the Transit Oriented Development (TOD). They recently had a meeting about the development with the folks, which was the CAPP Program. He said he understands every time they meet with the County, they seem to be always changing what they want. The same thing applies to what they want from the City. He said they have too much at stake to sit back and take it for granted that they will deliver a product that will meet what they were looking for. He said he would like, with the concurrence of his fellow Commissioners, that they ask those folks to come before them and give them an update as to where they were and also, give them an outline of whatever changes they have made in the interim, so they know before they go down the road that they still have an opportunity of requesting certain changes to what they were going forward CC 06-03-13/181 with. They have one opportunity to do it right. He explained it was their responsibility to ensure that whatever goes up there was the best that they can see and the best that they can accomplish for them. Commissioner Durso asked if that was a motion. Deputy Mayor Maingot said he was just giving his thoughts on it. They have been waiting so long to get something done, so let's go with it. He said his view on it was this. They need not be first to be best, and that investment was there and was going to be there $25 million plus. If it was really a great product, it will attract additional businesses into the development around. He said they need to sit back and rethink exactly what they were looking for. Those of them who have been here for some time know for the last five (5) or more years about all the background and the research and the recommendations of what our focus was with Associated Consulting International (AO), Inc. the whole nine (9) yards, and the visualization and concept of the tie-in of the Historic District Area into what they want to cross there. Nothing of that was being replicated. Not one bit of it. He said he was really concerned from what he was hearing that things were moving forward without them really seeing and participating in the decision making process as to exactly what they want for the people and the City. Not for tomorrow, but for many years of tomorrows because they will no longer be here ourselves, and they want something here that will stand out and that they will be proud of, rather than going forward with a rush. He said he was requesting to his fellow Commissioners that they request those people to come before them and give them an update and show them exactly what their latest outline of their plans were, and that they have an opportunity of making contributions and discussing and asking questions that will satisfy them. Mayor Sackett said he recognized that as a motion. Seconded by Commissioner Durso. Mayor Sackett asked Mr. Williams about having done a CAPP Meeting, which gets the "yes"' and "no's" in responses; and have they received anything from that CAPP Meeting. Mr. Williams said they were just advised about some of the concerns that were expressed. Mayor Sackett asked if he had received anything in writing from them. Mr. Williams said he has not received anything. Mayor Sackett said within the process of the CAPP Meeting, they have to do a written response to them, and he said he does not think it was time specific. CC 06-03-13/182 Commissioner Bundy said that has to be at the time no later than the time that they submit their site plans for review. It can be no later than that. Mayor Sackett said they were within their rights to ask for clarifications of that CAPP Meeting. Mr. Williams said to keep in mind that they have officially submitted, and the review process has somewhat begun, although there have been some changes that will require an update, and then an official review from staff, which they will ultimately receive. He said if it was their desire to hold a work shop in advance of finalizing a submittal and a site plan for development review and comments that the City Attorney and their utility folks, engineering, etc. were going to be doing, they can facilitate. Mayor Sackett said personally, he would like to see it all written out to see how it has evolved and see where the changes were almost date specific as to what was going on. He said he felt that CAPP Meeting was important to get all of that. Commissioner Bundy said he would also like to have an opportunity to have some input into it, but his concern was it was going to end up like the last one because this was going to be coming before them as a site plan approval process, and let's make no mistake about it. That site plan was coming before them with approval. He said that was not one they were going to let staff do and not have input. The problem with having another work session was he does not want to do anything that was going to jeopardize what they did, because the Attorney was very specific about what they could and could not address. He said he was scared to ask a. question because it was really an opinion disguised as a question and questioning what they were doing, so he did not ask a lot of questions. He said since it is quasi-judicial and he did not want to fill out those onerous forms, he did not take the step of calling to meet and talk with them. He has not even talked with the Founding and Managing Partner, Mr. Larry Adams or anybody at AO. He said he would also like to see more things in writing, the submittals, etc. as the process goes on, and maybe they can work through staff in getting input into it on an individual basis. He stated he does not want them coming in here if he was not going to be able to interact with them and let them know what he likes and does not like, and what he would approve and would not approve, and they cannot do that until the site plan approval. Mr. Langley said in a quasi-judicial process, each individual, individually and collectively, was considered a judge. They have to make their final decision based on the evidence in the record when that site plan, he thinks it was going to be a Plan Development (PD), and a Development Agreement come before them. He said they can have another work shop and ask questions. What he would ask them to do was to not make a statement that they will vote for the project or they won't vote for the CC 06-03-13/183 project, or what conditions they will require to get their approval. He told them they can ask all the questions they like. Commissioner Bundy said they have to understand it was difficult because if he asks a question, he was going to ask why did they promise them vertical mixed -use, and now they were saying it cannot be financed. He said he was not feeling as assured and relaxed in asking the questions, because he said he did not want to cross the line. Deputy Mayor Maingot said they know that what was said to them here was not the same thing that applies in Maitland or Lake Mary. In. their own interests, what was better; for them to go ahead and develop a site plan and all the costs involved for it and to come here and it be turned down through the process here, or to give them an opportunity to receive some additional commentary from them. We have invested a lot of money in infrastructure, and they continue to do that to facilitate their product. He said they want to make sure the end result was something they can all be proud of, nothing second class. Mr. Langley said it would be beneficial to have a workshop. He said he thinks it would be more preferable to have the entire Commission in an open meeting, rather than try to work through staff one-on-one. He does not think that was the best way. Commissioner Bundy said that puts staff in a very tough position. Mr. Langley said the best way to address concerns was if they see what they were presenting to them and they have a concern about something, they can say they have a concern about this topic, and hope it was addressed before it comes before them. As a judge, not yet hearing all the evidence at the workshop, do not make their mind up yet and say they were going to come to a certain conclusion. But, it was fair to say they have concerns, and they hoped they were addressed. That was also beneficial to the staff, so that was something they could focus on. Commissioner Bundy said he agreed completely with Mr. Langley on this, and said he does not want them waiting until the last minute in presenting something to them and saying if they do not do it now, they were not going to be able to do it. He thinks it was clear evidence the way the Public Works Facility came about, that they should never have rushed into it. Poor planning on someone else's part does not constitute an emergency on his part. But, when people ask what right do they have to dictate to a developer on his private land, he said, when they came to them and asked them for $2 million worth of infrastructure and concessions, he became a stakeholder, not just a provider of services. He said no project was better than a bad project. Motion carried by a unanimous roll call vote. CC 06-03-13/184 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA. None. 9. CONSENT AGENDA. A. Approve the Minutes of the May 6, 2013 Regular Meeting. B. Approve the Monthly Expenditures for May 2013. C. Approve the Police Department's Community Oriented Policing Services (COPS) 2013 Hiring Grant Application and authorize the City Administrator to sign all required Grant paperwork and disperse funds if awarded. D. Approve and accept an offer from Bladinsville Hire Fire Protection District, Illinois in the amount of $48,000 to purchase the Fire Department's Unit 707, a 2007 Chevrolet Excellence Ambulance. E. Approve an increase to Purchase Order #015088 in the amount of $27,250 to Advanced Data Processing, Inc. (Intermedix Corporation) for ambulance billing and collection services from October 1, 2012 to September 30, 2013. F. Accept and approve the Assistance to Firefighters Grant (AFG) Fiscal Year 2012 for the Longwood Fire Department Health and Wellness Initiative. Commissioner Durso moved to approve the Consent Agenda. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. Read by title only and adopt Ordinance No.13-2007, amending the City of Longwood Police Officers' and Firefighters' Pension Trust Fund, which was adopted by Ordinance No. 11- 1980; amending Section 1, Definitions; amending Section 4, Finances and Fund Management; amending Section 15, Maximum Pension; amending Section 29, Defined Retirement Accumulation Group Obligation (DRAGO) Fund. Mr. Langley announced having proof of publication for this and all Items listed under Public Hearings. He then read Ordinance No. 13-2007 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. CC 06-03-13/185 Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Cortes and carried by a unanimous voice vote. Deputy Mayor Maingot moved to adopt Ordinance No. 13- 2007 as presented Item 10 A. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. B. Read by title only and adopt Ordinance No.13-2008, repealing and replacing Section 62-36, Exemptions of Chapter 62, Purchasing, Article II, Organization of the Longwood City Code of Ordinances; providing for additional exemptions and clarifying existing exemptions to competitive procurement procedure, piggybacking on contracts of other government agencies, waiver of competitive procurement procedure if deemed in the best interest of the City and exemptions by amendment to City's Purchasing Policy and Procedures Manual. Mr. Langley read Ordinance No. 13-2008 by title only. Mayor Sackett opened the public hearing. No one spoke in favor or in opposition to the Ordinance. Deputy Mayor Maingot moved to close the public hearing. Seconded by Commissioner Durso and carried by a unanimous voice vote. Commissioner Cortes moved to accept the reading of Ordinance No.13-2008 as presented Item 10 B. Seconded by Commissioner Bundy. Mr. Langley said for clarification, the motion was to adopt. Commissioner Cortes restated the . motion to adopt Ordinance No. 13-2008. Seconded by Commissioner Bundy still stood and carried by a four -to -one (4-1) roll call vote with Commissioner Durso voting nay. 11. REGULAR BUSINESS. A. Approve an Agreement between the City and Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation for ambulance billing and related professional services and authorize the City Administrator to execute all documents associated with the Agreement. Commissioner Bundy moved to approve the Agreement as presented Item 11 A. Seconded by Commissioner Durso. CC 06-03-13/186 Deputy Mayor Maingot said he would like to congratulate him on reducing it from seven (7%) percent to six (6%) percent. Mr. Williams said that should be directed to Chief Gulbrandsen. Deputy Mayor Maingot said in other words, the seven (7%) percent was $45,500 they paid to them, and the six (6%) percent was $39,000, which was a savings of $6,500. He said thank you for that. Motion carried by a unanimous roll call vote. 12. CITY ADMINISTRATOR'S REPORT. Mr. Williams said the first item on his report was discussion relating to the Barrington Subdivision, specifically, the Neighborhood Improvement Assessment. He said back in November, he advised them of a conversation he had with Ms. Judith Coad regarding the replacement of the grass at the Barrington entrance. He had some pictures of the grass taken today. Basically, what the request was to remove the grass that was installed last year with the assistance of Deputy Mayor Maingot, and to replace the grass with a Flora -Tam St. Augustine in the amount of $4,780. He said he understands through his conversations that they originally requested Empire Zoysia, which he said he has no knowledge of grass. The Argentine Bahia was put in, and now they were requesting to move to the Flora -Tam. Commissioner Durso said, so Deputy Mayor Maingot will be out there pulling up the grass. Mr. Williams said he does not believe so. Mayor Sackett asked if that grass was approved and pulled out, can it go anywhere or be used anywhere after being scraped out, like the Dog Park. Mr. Williams said until they were able to determine the quality after coming out, he thinks there were some other concerns of the sprinkler system. Deputy Mayor Maingot said after their meeting, he invited anyone to go across to the swale they have at the back of their building that the former Public Works Director, Mr. John Peters put down. That was Argentine Bahia grass that was there, and they can see how it looks. There was some dollar weed in it, and that was not a failure of the grass. It was a failure of the proper maintenance or lack thereof. He said he has seeded it instead of laying it, and it was extremely drought tolerant. He explained the Department of Agriculture wanted to check this out, and was now downplaying the use or future use of any type of the St. Augustine grasses CC 06-03-13/187 because they used to be a preventative for chinch bugs. That has since disappeared. There was an increasing amount of problems in the maintenance of it, and most of the sod farms were now producing two (2) things. One (1) was Empire Zoysia, which was a beautiful grass, but it was for a cultured lawn in front of someone's home where maybe the grandkids will play on it, but cannot take commercial traffic and kids playing back and forth on it every day. Also, it requires a lot of maintenance, like being aerated once a year and it builds up a lot of thatch. He explained a lot of people like it because it was so nice looking, but they have to cut it four and one-half (4Y2") inches with a very sharp blade, and it was a constant maintenance. Also, it was $175 a pallet, whereas, the Argentine Bahia was between $75 to $86 a pallet. He said if that grass was well maintained, it will be just as good as what was out back that they can look at first hand. He said it was not the quality of the grass, but it was a lack of the proper maintenance, and he has said so in the past. He also said that there was a wonderful lady there, but it was almost impossible for anyone to try to please her. Whatever pleases her today, there was a change of mind tomorrow. He experienced that first hand when he spent three (3) days there, at no cost to the City, making sure they had a first class irrigation system. A commercialgrade irrigation system was put in there, and also the sprinkler heads were the right type to cover it. He said with the selection of the material, he backed away from that because he knew what was going to happen there, other than some of the basic stuff. Deputy Mayor Maingot said there was no homeowners association (HOA) there, but there was that good lady who has always wanted to speak for the entire community. If she wants to have that replaced, by all means, but they pay for it. They also pay for any damage to the irrigation system, which will surely happen. He said if they do that, they have spent $25,000 on that entrance already of taxpayer money. He said he was not about to support spending one ($1) additional dollar. If they want it, let them pay for it. He offered to show them how to safeguard the irrigation system and the sprinkler heads so they do not take it out with their front end loaders, which they would have to do to move that sod out. That was no easy job. They have to really cut it out of there. Deputy Mayor Maingot said if they want it, let them pay for it. And, he said to let them get three (3) signatures on any agreement with the City - one (1) of the good lady, and two (2) of other people in the subdivision that live there, who actually represent the community. Commissioner Bundy said he does not know where to start. He asked was what they want St. Augustine grass. Mr. Williams responded in the affirmative. Commissioner Bundy said if they had given them what they wanted to start with, he could understand them saying that they wanted to change it because they do not like it. Then let them pay for it. But, they did not. Herein lies the problem. They have subdivisions in the Assessment CC 06-03-13/188 Program that comes up with what they want, and they do not deliver it. If they deliver what they want and they do not like it, it was on them. He said when they step outside of that, then they have a responsibility. Plus, the reason they spent the money on it to start with was because the County destroyed their entrance when they four (4) laned Lake Emma Road. If they have not gotten reimbursed by the County for that, it was not the fault of the people in Barrington. Mr. Williams said they have gotten reimbursement from the County. Commissioner Bundy said that was what he thought. He said they were not involved in this. The City was not involved in it. They were facilitators for this Program. The people decide what they want, they select it, they get pricing from contractors and the initial set-up. They put it in, and they facilitate. He said he would not know the best grass and defer what it would be to someone with more knowledge than his. He said he also knows that as a business owner, he knows that some products may be better than others, but he also knows it was his job to deliver what his customer wants. We did not do that, so now they were on the hook for it. He said they agreed to do this six (6) or seven (7) months ago, and they were just getting to it now. Mayor Sackett said this was somewhat similar to Shadow Hill. The Agreement with the City was $38,000, so whatever that $38,000 buys IL them, they have basically contracted with the City, so that was what it will be. When they came in with $65,000 worth of what they want, they had the meeting that said $38,000 was what their voters approved. Mr. Williams said it was somewhat different in the fact that the residents there cannot agree on what they want. Commissioner Cortes asked if they compiled the data base of how much was being spent on irrigation prior, during the Bahia, and what was going to increase with the change to St. Augustine. Mr. Williams said they could go back and look at the consumption of the utility records prior to the installation of the Bahia and while the Bahia was being installed to be able to determine that. He said he does not have that information here right now to be able to give that to them. Commissioner Cortes asked if they were paying for the water. Mr. Williams said they pay for the irrigation through the Assessment Program. Commissioner Cortes asked if they were adjusting for the lower or higher amount as it comes about. Because for St. Augustine, it was going to CC 06-03-13/189 require more water, and were they aware their assessment was probably going to go up because of that. Mr. Williams said they were on the annual renewal process, and that was the time they do that evaluation. If there were any adjustments, they would propose those adjustments. He said they have implemented a blank page for the Neighborhood Assessment Programs for those residents of those programs. When they want these changes, then they can go out and get a clear quote on what they want, and they can also identify to them that as a result of these additional costs, there may be an impact to their annual assessment. Deputy Mayor Maingot said it his understanding that there were certain folks that visited that site today, and among the people who were visiting the site were some people who live in that subdivision. He asked if he was right or wrong. Mr. Williams said today he is not sure of it. During the last week, there were some folks there. Deputy Mayor Maingot said he understands there were some comments made about what was wrong with what they have. Mr. Williams said that was the report that he has received, but he was not physically on site. Deputy Mayor Maingot said secondly, he was not aware and has never seen anything in writing that the specific requirement for that area was St. Augustine grass. If that was so, he would like to see that in writing. He said there was no HOA there, and that good lady was speaking on behalf of the residents who live in that Subdivision. He would like to find out more about the likes and dislikes of the other people in that Subdivision, rather than that particular individual. He said they have had to be dealing with her for many years, and they have never ever been able to satisfy her needs. Commissioner Bundy said he thinks that was out of line. Deputy Mayor Maingot said that was a fact. Commissioner Bundy again said that was out of line. Mayor Sackett said she was not here to defend herself, and she should not have to defend herself in that. He said that was a good statement about St. Augustine in the original plan. Commissioner Bundy said Zoysia was in the original plan. CC 06-03-13/190 Mr. Williams said his understanding was when they had the community meeting, and he believes Commissioner Bundy may have been in attendance back when Mr. Peters was here, that the request for the changes at the entrance was to include Empire Zoysia. The decision was made to install Argentine Bahia. They do not want the Empire Zoysia, and they do not want the Argentine Bahia, they want the Flora -Tam St. Augustine now, which was quoted at fifty (50¢) cents per square foot, roughly nineteen (19) pallets of sod at $4,780. Deputy Mayor Maingot said plus the cost of removal and grading. Commissioner Cortes asked when the neighborhood assessment was first done years ago, what was installed there prior to the construction. Commissioner Bundy said it was St. Augustine. Deputy Mayor Maingot said it was St. Augustine and weeds — more weeds than anything else. Commissioner Cortes said it was St. Augustine prior, so was it the same amount or less or more. Mayor Sackett said he thought it was the same. Commissioner Bundy said he thought it was probably a little more originally because there was less area in there now because of the widening of the road. Mayor Sackett said it was narrower now. Mr. Williams said for the record, the quote of $4,780 includes all removal of existing sod, the installation and delivery of the new sod. Mayor Sackett said when everything was. done and someone signs -off on this one, it was done, right? Mr. Williams responded in the affirmative. Commissioner Bundy moved to approve moving forward on this as presented by the City Administrator. Seconded by Mayor Sackett. Commissioner Durso asked Mr. Williams to clarify something that Commissioner Bundy said. It refers to the Agreement they agreed to, up j to what amount on this Project and was there a cap put on it. `— Mr. Williams said he would have to go back and research the record. CC 06-03-13/191 Commissioner Durso asked how much have they spent so far. Deputy Mayor Maingot said it was over $25,000. Mr. Williams said it was around $28,000. They committed City staff and resources, and they went to the County. The County had some concerns of the costing of City staff, and they worked with the County in reducing that number, and they received $20,000 in that reimbursement from the County. Commissioner Durso said, so they spent $8,000. Mr. Williams responded in the affirmative. He stated they had City resources and equipment that they used. Commissioner Durso said as a point of clarification because within the discussion, he said he has been listening, but has not been able to get a definitive answer. He asked did they or did they not reject their desire for what they currently want. They wanted St. Augustine, and they said "no". Commissioner Bundy said they wanted Zoysia, and they said "no". Commissioner Durso said just so he was clear, they said "no" and put in what was there now. So, the argument was not really about what they wanted originally, it was about what they want now. Mr. Williams said that was right. They wanted Empire Zoysia, Argentine was installed, and now they want the Flora -Tam St. Augustine. Motion failed to carry by a three -to -two (3-2) roll call vote with Deputy Mayor Maingot, Commissioner Durso and Commissioner Cortes voting nay. Mr. Williams said there were two (2) additional items assessment related. One was referencing the form as an informational item for the Commission. As they were out and present in all these Neighborhood Assessment Programs, they were getting a lot of additional requests for the installation of new materials, and as they discussed, there may be a need to adjust the annual assessments at renewal time, and they were utilizing this form to make sure they have a clear understanding of what the citizens were requesting or the spokesperson for that program was requesting for getting quotes based upon that exact information. He said they were requesting that they get some additional witness signatures, and they will actually probably go back and modify the form to include a statement that it was a requirement of the witnesses to be a member of the community in which was the Neighborhood Assessment Program. He said the third item was they did a mail -out petition to the residents and homeowners of Tiberon. As they know, that entryway has for some time lacked CC 06-03-13/192 maintenance. There was a desire to start a Neighborhood Assessment Program, so they did that mail -out back in March. There was a requirement for them to return it by mid -April. They have tallied the votes, and there were 136 mail -outs sent, and they had thirty-seven (37%) percent of the mail -outs respond, and of that amount they had sixty (60) in favor. So they had a total of fifty (50) responses. He noted it was within the Assessment Program of sixty (60%) percent, and with a lack of sixty (60%) percent response, he can re -petition if so desired. Mayor Sackett said he wants guidance on it. He said they have that threshold of sixty (60%) percent, but they have thirty-seven (37%) percent of the voters responding. He asked if he knew what percentage within that community were renters. Mr. Williams said he was not sure, but was sure it was very high. Commissioner Bundy said it was not at sixty (60%) percent. It was sixty (60%) percent of the respondents, but the requirement was sixty (60%) percent of the property owners have to be in favor of it, not the ones who respond. Mayor Sackett said what he would like to do was send the fact around to all of them one time that this was where it was, and they were not doing j anything until they want to organize. He said he noticed that once the �-- mailing went out in March, some people must have gone out and cleaned up the intersection. He would not like to walk the neighborhood, but he would like to mail the neighborhood. This has been four (4) years, and it was time to get off the fence. Right now, they should not be doing anything and cannot be doing anything because the numbers were not there, and it was sad. He asked if they would support a mailing to them, or were they done with this. Deputy Mayor Maingot said he honestly feels that that place really detracts very much from the City, and he wished they could get some people on board so they can do something. He said something that was worse than that was that old building that was in unincorporated Seminole County, so he said there were maybe a majority of people in there who might be renters, and maybe the mailings did not get to the owners of the property. They were not sure. Mr. Williams said they had one (1) returned, but as a matter of policy, they used the Property Appraisers data base, and they noticed the property owners. Mayor Sackett said his idea would be to hit those thirty (30) people who voted "yes" to rally them to do something. It was their neighborhood. CC 06-03-13/193 Commissioner Cortes said he had mentioned he would not walk, but he said he would walk it because it was important. He would get a list of homeowners and he would take a Saturday and he would walk it, and invited anybody else who wanted to do it to join him. Mr. Williams asked if the Commission would like him to develop a new petition. Commissioner Cortes advised him to re -mail, and if he will submit a list to him of those who have not yet responded, he would make it a personal agenda to knock on their doors. Deputy Mayor Maingot said he would be happy to join in as well. Commissioner Bundy said the property owners in the subdivision were the ones responsible for this. Once again, they were the facilitators. He said he has had multiple conversations with them and attended meetings where they told him the previous Administrator said they were going to do it, and he said he did not think so. If the property owners want to do it, they will vote for it, if they do not, they won't. They were here to facilitate it and not impose it on them. They did not get responses from half of the property owners in there. It takes sixty (60%) percent of the property owners, which would be seventy-one (71) or seventy-two (72) to say "yes" just to do it, and they did not get that many responses to say "yes" or "no". He said send a mailing out to them and let them know it has failed to meet the criteria. Mr. Williams said not necessarily for tonight, but he thinks it begs the greater discussion that ultimately if there was not an interest in maintaining the entrance via a Neighborhood Assessment Program, then what was the long-term solution. They did give them a Right -of -Way Utilization Permit to install that island and those signs within the City right-of-way. Commissioner Bundy said they will do what they threatened to do at Barrington. If they did not join the Assessment, they said they would remove the island and pave it. Mayor Sackett said to Mr. Williams, if he could craft a letter and send it to all of them, they will give input with that. Deputy Mayor Maingot said he honestly feels that them reaching out once more and walking and asking the people and mentioning to them if they do not participate, what was going to happen. Mayor Sackett said he would rather send the letter and then see if they want to do it. CC 06-03-13/194 Deputy Mayor Maingot said at least they have done more than their share to try to help them out. Mayor Sackett said he does not know of any other community that we have done that for. Mr. Williams said he had two (2) additional items, but there was nothing more on assessments. He said he would like to request time off for June 12'' through June 14t'. His daughter has submitted a Supervised Agricultural Experience Project to the State FFA Convention, and her Project was selected as a finalist. She will be attending that program at the Caribe Royal Hotel. He noted he would be available by telephone, and down in Orlando at the Convention Center. He said they won't meet again before Father's Day and wished each of them a Happy Father's Day. 13. CITY ATTORNEY'S REPORT. No report. 14. CITY CLERK'S REPORT. No report. 15. ADJOURN. Mayor Sackett adjourned the meeting at 8:05 p.m. Brian D. Sackett, M or ATTEST: Sarah M. Mirus, MMC, MBA, City Clerk CC 06-03-13/195 This Page Left Blank Intentionally. CC 06-03-13/196