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CC01-16-17Min LONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES January 16, 2017 6:00 P.M. Present: Mayor Joe Durso Deputy Mayor Brian D. Sackett Commissioner John C. Maingot Commissioner Ben Paris Commissioner Mark Weller Dan Langley, City Attorney Jon C. Williams, City Manager Michelle Longo, City Clerk Troy Hickson, Director of Public Safety Chris Capizzi, Leasure Services Director Lee Ricci, Human Resources Director David Dowda, Interim Police Chief Chris Kintner, Interim Community Development Director Richard Kornbluh, Division Manager Utilities 1. CALL TO ORDER. Mayor Durso called the meeting to order at 6:00 p.m. 2. OPENING INVOCATION.Dr.Ron Smith, Pastor with Waterstone Church gave the invocation. 3. THE PLEDGE OF ALLEGIANCE 4. COMMUNITY ANNOUNCEMENTS. Ms. Longo read the following announcements. A. Senior Matinee will be held on Wednesday,January 18,2017 from 1:30 p.m. until 3:30 p.m.,Longwood City Hall (Chambers), 175 West Warren Avenue. This month's feature is Deep Water Horizon. B. The City of Longwood will host the Historic Longwood Farmers &Artisans Market weekly on Saturday from 9:00 a.m. until 1:00 p.m.,in the Historic District of Longwood located at the corner of North Ronald Reagan Boulevard and West Church Avenue. CC 01-16-17/1 5. PROCLAMATIONS/RECOGNITIONS A. District#2 Presentation of the Business Person of the Month Award for January 2017 to Lance Butterfield, Owner and Brett Mason, Owner of The Hourglass Brewery, located at 480 South Ronald Reagan Blvd. Mayor Durso gave a brief history of The Hourglass Brewery and of the owners and then presented them with the Business Person of the Month Award for January 2017. Photographs were then taken. B. Presentation of the Martin Luther King,Jr. Good Citizenship Award to Sheriff Dennis Lemma. Commissioner Maingot read a Proclamation recognizing Sherriff Dennis Lemma and presented him with the Martin Luther King, Jr. Good Citizenship Award. Photographs were then taken. C. Presentation of the Martin Luther King,Jr. Good Citizenship Award to Ms. Isabel Brislenn. Deputy Mayor Sackett read a Proclamation recognizing Ms. Isabel Brislenn and presented her with the Martin Luther King,Jr. Good Citizenship Award. Photographs were then taken. D. The City of Longwood to recognize the sponsors of the Celebrate the Season and Tree Lighting event which occurred on December 2,2016. Mr. Capizzi,Director of Leisure Services and Ms. Coad,Parks and Recreation Board Member presented the sponsors of the Celebrate the Season and Tree Lighting event with a certificate. Photographs were then taken. 6. BOARD APPOINTMENTS A. District#4 Nomination to the Parks &Recreation Advisory Board. Commissioner Weller requested to defer the nomination for thirty (30) days. Nomination was deferred for thirty(30)days by a unanimous voice vote. 7. PUBLIC INPUT A. Public Participation. CC 01-16-17/2 111 Ms. Dee Woolford, 1560 Orange Avenue, Winter Park spoke about the eighth(8th) annual GR8 to DON8 5K. She said this is a 5K/8K run/walk for organ donation that begins and ends at Lyman High School,with runners going through the City of Longwood. She said it is the 8th annual race and will take place on Saturday,April 1, 2017. She thanked Chris Capizzi,the City of Longwood,the Police Department, and Russell Williams,Athletic Director at Lyman High School, for supporting them, as well as the members of the community that became sponsors. She said they started at Lyman High School because there was an organ recipient who attended school there eight years ago. She said they represent ten counties for organ and tissue donations, and all the money raised helps with their educational efforts. She encourages people daily to make a decision about organ and tissue donations. She said she expects 1,500 people this year, and they raise thousands of dollars through this large event. She thanked the City and everyone involved in the event for helping them. 8. MAYOR AND COMMISSIONERS' REPORT District#2. Mayor Durso stated he does not have a report for this evening but will have some recommendations at next month's meeting regarding committee structure within the City, a few transportation issues and couple other items to discuss. District#3. No report. District#4. No report. District#5. Deputy Mayor Sackett said he wanted an update on Santa Visits Longwood and asked if there were any areas missed,the over-all response from citizens, so we can review to see if we continue this next year. He also asked what were the strengths of it and what could we do better. He stated he drove by the portables at the Fire Station 17, and they are in pretty bad shape. He wanted to know what is going to happen with them as far as painting and making it look like the environment it fits in. Mr. Williams said the portables are still being set up;ramps are being installed, and once they are completed they will be painted, landscaping installed, as well as a fence to be reinstalled. Deputy Mayor Sackett said Babe Ruth is very concerned they have no storage space and who will be housed in the portables. Mr. Williams stated CERT, COPs and Longwood Volunteers will be housed in the portables. Deputy Mayor Sackett said he received a letter from Utilities, Inc. which is six pages long and he is not sure what it means. He said it would be CC 01-16-17/3 nice if we could figure out what it means regarding rate increases since many subdivisions within Longwood would have received this. He also mentioned business signs in the City that have changed their script and stated we need to look at the Code for acceptable signs. He mentioned there are some street signs that are leaning from when Hurricane Matthew hit and asked that they be addressed. He thanked Bill Black and the City Manager for having the lights fixed in Harbour Isles. He stated a few years ago they talked about having someone walk the City to note all the dark spots without lights and get them addressed. Mayor Durso stated the neighborhood watch group in his area did it in his District and created a map. District#1. Commissioner Maingot said he wanted to congratulate our City Clerk for having earned the designation of Florida Certified Records Manager. He noted the American Muslim Association have opened a free Healthcare Clinic and attended their opening ceremony. 9. ANY ADDITIONS OR DELETIONS TO THE AGENDA. None. 10. CONSENT AGENDA A. Approve Minutes of the December 19,2016 Regular Meeting. B. Approve the Monthly Expenditures for December 2016 and January 2017. C. Approve the Monthly Financial Report for December 2016. D. Approve an Environmental Protection Agency Grant Award Agreement(No.NF010) between the State of Florida Department of Environmental Protection and the City of Longwood providing for Federal Financial Assistance and funding reimbursements relating to the South Longwood Septic Tank Removal Project. E. Approve the Child Abduction Response Team (C.A.R.T.) Voluntary Cooperation Mutual Aid Agreement (2017-2020) between the Florida Department of Law Enforcement and the Longwood Police Department. F. Approve 'The Senator' Artwork Gift Agreement between the City of Longwood and Seminole County. G. Approve a Ground Lease Agreement between the Church of God at Longwood and the City of Longwood. H. Confirm Appointment of Chris Kintner,AICP as Community Development Director. CC 01-16-17/4 Approve and Award a Construction Service Agreement for the South Longwood Septic Abatement Project—Phase I and approve a purchase order in the amount of$5,227,691 to Cathcart Construction Company. Commissioner Maingot moved to approve Items 10A through 10I as presented. Seconded by Commissioner Paris and carried by a unanimous roll call vote. 11. PUBLIC HEARINGS A. Read by title only and adopt Ordinance No. 16-2106,a Large Scale Comprehensive Plan Amendment(CPA 01-16) for a property on Bay Meadow Road. Mr. Langley read Ordinance No. 16-2106 by title only. Mr.Kintner recommends continuing this public hearing until the February 6th meeting. He stated they are waiting for comments to be returned from the Department of Economic Opportunity and were advised they would have comments back to us by January 28th. Mayor Durso stated he would allow public testimony even though they are going to postpone the Item. He then opened the public hearing. Jay Jensen,232 Lazy Acres Lane, Longwood spoke in opposition. He said he has a property adjacent to this property. He stated the issue is we are in the middle of an agricultural zoned area, and we are now taking a medium density city-zoned area and putting it right in the middle of an agricultural area that has been the same since the 1970s. He is asking if the proper studies have been done to see if any habitats have been damaged around the property, and if the correct utilities can be brought in to service the property. He said there is nothing surrounding this except for some woods and other utility right-of-ways. Mr. Kintner addressed Mr.Jensen's comments. He stated the habitat studies and traffic studies are both requirements for a subdivision of this size. He stated the applicant would have to have the proper studies done and comply with any regulations. He said the City does not regulate wildlife habitats,but a study is required and you do have to get a proper permit. He said it would be the same for a low and medium density residential project. He said it would be the same for a traffic study. He stated as far as the location of it for medium density residential(MDR),the applicant is applying for an MDR 7,which is a maximum of seven dwellings CC 01-16-17/5 an acre. He stated the County has zoning as four units an acre in the surrounding area and the applicant is proposing four units an acre for their project. Mayor Durso asked if the applicant is developing it under what the County would currently allow, which is four units an acre. Mr. Kintner said they are proposing four units an acre right now. Mr. Jensen asked if the proper studies have been done and made available to the public. Mr. Kintner replied and stated the studies are done as part of the development review process, so this is a conference plan map amendment. He said when the applicant comes in for the actual subdivision,he will have to comply with the required studies at that time. No one else spoke in favor or opposition to the Item. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Paris and carried by a unanimous voice vote. Mayor Durso moved to continue Ordinance No. 16-2106 to the February 6,2017 Commission meeting until after the Florida Department of Economic Opportunity(DEO) completes its review. Seconded by Deputy Mayor Sackett and carried by a unanimous voice vote. B. Read by title only,set February 6,2017 as the second public hearing date and approve the first reading of Ordinance No. 16-2107, a Longwood Development Code Amendment increasing impervious surface ratios in residential districts, allowing more flexibility in design review, and other general updates. Mr. Langley read Ordinance No. 16-2107 by title only. Mr.Kintner reviewed the Ordinance. Mayor Durso opened the public hearing. Jo Anne Rebello, 301 Loch Lomond Avenue,Longwood spoke in opposition. She said listening to Mr. Kintner she has concerns and it sounds like a sellout to developers. She said they are not going to come unless we give them more impervious surface. She said we just spent a lot of money a few years ago doing a stormwater CC 01-16-17/6 assessment of all the problems in the City based on current standards. She said if you increase the impervious surface ratio, we are looking at a disaster down the road. She said we will start having flooding where we don't have flooding right now. She said she is concerned we will also have an increase in stormwater fees. She thinks this has to be studied. She said other Cities have flooding because they decreased impervious surfaces. She thought one would have to be responsible for doing stormwater on your lot. She stated she is concerned if we do this,we are looking at something down the road that will be a disaster. Mr. Kintner addressed Ms. Rebello's comments and said there are two or three subdivisions coming in right now. He said regardless what the impervious surface is,they have to come in and show they can retain the stormwater on site for whatever percentage it is. He said it gets reviewed by our engineering team as well as St. Johns Water Management who reviews it for stormwater quantity and quality. He said it is all going to be what the developer brings in,and the developer will have to maintain it on site at their cost. He said the applicant will be addressing that as part of their site plan. No one else spoke in favor or opposition to the Item. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Weller and carried by a unanimous voice vote. Commissioner Maingot moved to approve Ordinance No. 16-2107 and set February 6,2017 as the second public hearing date. Seconded by Commissioner Paris. Discussion ensued and questions were asked and responded to regarding impervious surface for established subdivisions and the impact of increasing it now City-wide, along with questions regarding business signs in the City. Motion carried by a four-to-one (4-1)roll call vote with Deputy Mayor Sackett voting nay. C. Read by title only and adopt Ordinance No. 16-2108,a Small Scale Comprehensive Plan Amendment(SPA 04-16) for a property at 439 West Church Avenue. Mr. Langley read Ordinance No. 16-2108 by title only. Mr. Kintner reviewed the Item. CC 01-16-17/7 Mayor Durso opened the public hearing. No one spoke in favor or opposition to the Ordinance. Deputy Mayor Sackett moved to close the public hearing. Seconded by Commissioner Maingot and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 16- 2108 as presented Item 11C. Seconded by Commissioner Paris. Commissioner Maingot read the following comment into the record: The applicant has also provided a letter signed by a qualified consultant and a letter from the Department of Environmental Protection. The City Engineer and Planner have reviewed the proposed amendment and are satisfied that the requested change in in line with the Comprehensive Plan and Longwood Development Code. Motion carried by a unanimous roll call vote. D. Read by title only and adopt Ordinance No. 16-2109,a Small Scale Comprehensive Plan Amendment(SPA 03-16)for a property on 14th Avenue. Mr. Langley read Ordinance No. 16-2109 by title only. Mr. Kintner reviewed the Item. Mayor Durso opened the public hearing. No one spoke in favor or opposition to the Ordinance. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Weller and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 16- 2109 as presented Item 11D. Seconded by Deputy Mayor Sackett. Commissioner Maingot stated for the record that the applicant would be required to provide any required buffering from any city, state or federal agency regarding future land use. Motion carried by a unanimous roll call vote. CC 01-16-17/8 E. Read by title only and adopt Ordinance No. 16-2110, updating Chapter 18 of the City Code related to Building Division administration and hours of construction. Mr.Langley read Ordinance No. 16-2110 by title only. Mr.Kintner reviewed the Item. Judy Coad, 1695 Grange Circle, Longwood, said her concern is expanding to 7:00 a.m. for construction to begin because everyone comes a lot earlier than that. She suggested a compromise of 7:30 a.m. Mr. Kintner said if the Commission desired 7:30 a.m.that would be no issue. No one else spoke in favor or opposition to the Ordinance. Commissioner Maingot moved to close. Seconded by Commissioner Weller and carried by a unanimous voice vote. Commissioner Maingot moved to adopt Ordinance No. 16- 2110 as presented Item 11E. Seconded by Commissioner Weller. Commissioner Weller stated the earlier you start, especially when re-roofmg,the better it is for the homeowner and for the Building Official because you have a limited time during the summer with potential for rainstorms. He said the hour you are getting in the morning helps tremendously,between the heat and getting on and off the job as quickly as possible. Deputy Mayor Sackett stated his concern is having workers line up and wait prior to 7:00 a.m.,but said we can try it and see what happens. Motion carried by a unanimous roll call vote. F. Read by title only and adopt Ordinance No. 16-2111,amending Article II—Water and Wastewater Chapter 90 of the Longwood City Code regarding installation of irrigation meters for residential customers. Mr. Langley read Ordinance No. 16-2111 by title only. Mayor Durso reviewed the Item. CC 01-16-17/9 Deputy Mayor Sackett asked how long does the fee hold. Mr. Williams said the fee is coming down to $385 and will remain in place until such time there is a recommendation to increase it and will come before the Commission again. Commissioner Weller recommended that this be advertised with all the Home Owners Association Presidents more than one time. Mayor Durso reminded everyone this is for City of Longwood customers for sewer, not Utilities Inc. Mr. Williams said if this does pass,he requests the Commission give him and staff authorization to issue refunds for irrigation meters that have been installed since October 1St. He said they were installed at a higher increase, so this would be lower and we would refund the difference. Mayor Durso asked Mr. Langley if we can do this as a secondary motion or can we include it in the passage of the ordinance. Mr. Langley said he would do a motion for the Ordinance first and then do a second motion. Mayor Durso opened the public hearing. Jo Anne Rebello, 301 Loch Lomond Avenue, Longwood said she has questions. She asked if we install the meters now for irrigation, are they in use now or is this for reclaimed water. Mayor Durso said it will be for immediate usage. He said the long term goal for the City is to have a reclaimed water system similar to Altamonte Springs. Mr. Williams said the old aqua utility site within the Industrial Park has been purchased, and that is going to be decommissioned as a waste water plant. He said ninety percent of that site is going to be converted into a larger regional stormwater pond that has a reclaimed water component to it. Mayor Durso said you can use the meter now and when we get reclaimed water that will be hooked up to the irrigation meter. He also stated the reclaimed water will be a step by step process and take a while to get to everyone. Ms. Rebello asked questions regarding if the reclaimed water is treated sewer water. CC 01-16-17/10 Mr. Williams indicated that reclaimed water for the system in the Industrial Park is stormwater and has a treatment component. No one else spoke in favor or opposition to the Ordinance. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Paris and carried by a unanimous voice vote. Commissioner Maingot to adopt Ordinance No. 16-2111, Item 11A. Seconded by Commissioner Paris and carried by a unanimous roll call vote. Deputy Mayor Sackett moved to approve the City Manager's proposal to make rebates to October 1, 2016 in this situation for irrigation meters that have already been installed. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. G. City Commission to hear a public request for Special Exception (SPE 06-16) for an increase in the maximum Impervious Surface Ratio(ISR)in Low Density Residential (LDR) from an allowable 42% to 65% per lot on 14th Avenue, for a proposed subdivision. Mr. Langley stated this is a quasi-judicial matter and anyone wishing to speak on behalf or in opposition to this agenda item is requested to step forward, stand and be sworn-in. He said if you have not already done so,please complete the form Request to Speak at a public hearing and return it to the City Clerk. He said the applicant may have the right to cross examine anyone who speaks for or against the item and those who speak have the right to cross examine the applicant. He then swore-in those wishing to speak. Mr. Kintner presented the Item. He said this special exemption relates back to a subdivision known as the Bell-Air Property. He said it is a proposed 41 lot family subdivision on 11.47 acres. He said the applicants had the mandatory pre-application meeting with staff as well as the Citizen Awareness and Participation Plan (CAPP)neighborhood meeting with surrounding residents. He stated the current code allows for 42 % low density residential and the developer is proposing larger homes on smaller lots that would lead to a higher impervious surface ratio (ISR). The applicants are asking to go to 65 %ISR on this lot. He said this project is to the north of the Treasure Hill Project,which received a special exception for a range of impervious surfaces. They have between 50 and 69%on different lots. He said they had 10 lots at 52 %, 15 CC 01-16-17/11 lots at 55 %, so there is precedent for such a request. He stated we have seen a larger demand from developers for these smaller lots with a higher ISRs. He said the applicant in this case will have to do everything related to stormwater management. The applicant is proposing significantly more than the 2.5%open space required by code. He said from our perspective,because there is more open space than we would require, staff sees this as an opportunity to require the applicant maintain the 5 %open space. He said staff recommends that if the special exemption is approved and that the impact of that special exemption be mitigated by requiring the 5 %. He said we have confirmed that with the applicant, and they are okay. He stated we are comfortable with that; and the applicant is coming in with a new site plan that will meet all stormwater management standards, so with those considerations, staff recommends approval of this item. Mayor Durso asked the Commission to disclosure any ex-parte communication they may have had regarding this particular project. There were no ex-parte communications. Mayor Durso opened the public hearing. Mr. Charlie Madden, 431 Horatio Avenue,Maitland,with Madden, Moorhead& Stokes,they are the civil engineering company representing the contract purchaser. He said Raymond Harrison is also here this evening. He said we agree with staff's recommendation, and wanted to make you all aware we are here to answer any questions or concerns brought up. Jo Anne Rebello, 301 Loch Lomond Avenue said she has the same concern about the impervious surface ratio. She has talked with residents on 1st or 2nd Place, and they are at a lower elevation than 14th Avenue and had flooding issues. She said Mr. Kintner has mentioned Longwood Plantation, which backs up to a body of water, and that is also the same body of water that Pt or 2nd Place feed into. She is concerned about increasing the impervious surface ratio, and that body of water rises,that will cause issues in both Longwood Plantation and the people along 1st or 2nd Place. She stated that is her main concern, stormwater issues and flooding. Mayor Durso said one way or another when the applicant develops the property they have to address the water. He said that water has to go somewhere either in a pond or redirected to a body of water, applicant has to get a plan approved, and it's paid for by them. If CC 01-16-17/12 the body of water is determined not to be able to handle it,they have to build stormwater capacity somewhere else. Ms. Rebello stated she has concerns with the stormwater and said engineers make mistakes. She spoke about a subdivision that is not within the City along Ronald Reagan Boulevard and had issues when it was being built. She said they got all their permitting and there was so much flooding that it was a major issue and very costly. She just wants to be sure we don't end up in the same situation. Mr. Madden said part of our job is to design a stormwater system that will accommodate whether the lots are 42, 55 or 65 %, our stormwater pond has to accommodate the runoff accordingly, whatever that ISR is approved at. He said the reason we requested this is, it is anticipated that it will be needed by the national builders looking at the project. He said if you include a pool, 65 % is not that unusual. He said if you are looking to sell homes from $300,000 up, it takes a good size house and a nice pool to meet that market demand. He said with this particular property on the north side,there is a flood plain, so it is known when a hurricane hits down in that area,there is a slough in the north side of this property that backs up. He said we will have to look at the elevations and what is going on in that wetland to make sure we do not cause any downstream impacts to the people that live down there. He said that is part of the analysis required today that fifteen years ago was not as scrutinized as it is today. He said we are dealing with a known FEMA Flood Plain that our stormwater system pops off to, so there is flooding there during big storm events, but it is our job to make sure we don't make that worse or have any adverse impacts to downstream property owners. No one else spoke in favor or opposition to the Item. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Weller and carried by a unanimous voice vote. Commissioner Maingot moved to approve Special Exception(SPE 06-16) as presented Item 11G. Seconded by Commissioner Weller. Discussion ensued and comments made that expressed confidence in approving based on staff having oversight and being involved in the decision making. Motion carried by a unanimous roll call vote. CC 01-16-17/13 H. City Commission to hear a public request for Special Exception (SPE 07-16)to allow a total of 10% of the total lots as flag lots on Bay Meadow Road,for a proposed subdivision. Mr. Langley stated this is also a quasi-judicial matter and anyone wishing to speak on behalf or in opposition to this agenda item is requested to step forward, stand and be sworn-in. He said if you have not already done so,please complete the form Request to Speak at a public hearing and return to the City Clerk. He said the applicant may have the right to cross examine anyone who speaks for or against the item and those who speak have the right to cross examine the applicant. He then swore-in those wishing to speak. Mr. Kintner presented the Item. He said this is related to the Meadow Bend Subdivision located off Bay Meadow Road and the applicant is requesting the ability to have flag lots. He said we removed the ability to have flag lots out of the Code in August, 2015. One of the reasons for that is flag lots often created situations where you have houses looking out across other houses in ways you would not normally expect in a planned subdivision. He said in this case, staff considered some mitigating factors in its recommendation. In the middle of the property there is a feature they cannot build on and have to keep a state maintained buffer around it. He said the irregular shape of that,combined with the County-maintained twenty-five foot right-of-way strip, are factors that we considered and don't see an issue with the flag lots creating an issue with the neighboring property. He said staff found, due to the unique conditions of the site, staff recommended approval of the special exemption in this instance. Mayor Durso asked for any ex-parte to be disclosed. Mayor Durso is the only one who had discussions with staff,the developer, and the engineer. Deputy Mayor Sackett asked about the percent of play area. Mr.Kintner said the code requires 2.5%and the applicant will be required to do that. Mayor Durso opened the public hearing. No one spoke in favor or opposition to the Item. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Weller and carried by a unanimous roll call vote. CC 01-16-17/14 Commissioner Maingot moved to approve Special Exception(SPE 07-16) as presented Item 11H. Seconded by Commissioner Paris and carried by a unanimous roll call vote. 12. REGULAR BUSINESS A. City Commission to hear a request to mitigate a Code Enforcement Lien in the amount of$16,900 on a property located at 1120 West State Road 434. Chief Dowda presented the Item. He said the owner of the property, BPD Fitness is requesting a waiver or reduction in the lien, which began on July 18, 2016. Mr. Williams stated as part of the agenda packet there is an email indicating compliance pursuant to the cure plan. Mayor Durso stated in the past with these situations, the property is up for sale and pending closing based on our decisions. He said fines have generally been viewed by the Commission in the past as a way to compel compliance and to keep people honest with their properties. He said we have also desired to keep properties on the tax roll if someone is going to buy it and do something potentially productive with it, then we always want to encourage that. He said traditionally, we have always accepted an administrative fee and a portion of the fine, not wiping it away, but collecting a portion of that fine and forgiving the rest of it. He stated that is where we should start the conversation. Commissioner Maingot recommended that they reduce the fine to $1,690, plus the administrative fee. Chief Dowda said the administrative fee was $150 and paid on January 11, 2016. Mayor Durso asked if there was anyone here representing the property. Michael Curtain with Watson Realty was there representing his client, BPD Fitness. He said the work has been done and they are ready to close. Mayor Durso asked if the ten percent is acceptable. Ms. Kansol, the owner of the property said she has paid the administrative fees already, and the property has been redone several times to try to get into compliance. She said she has CC 01-16-17/15 planted plants and dug up asphalt and feels she has gone above and beyond on this and spent $10,000. She said this is the third time trying to get into compliance and none of her neighbors have had to go through this. Mayor Durso responded and said your lawyer has come in to speak with him and the City Manager. He said a lot of people made a lot of money on the properties when Florida Department of Transportation (FDOT) took them. He said there were only four properties that did not come into compliance with a cure plan that happened immediately after FDOT wrote the check. He said the immediate remedy should have been done when FDOT purchased the property and gave the check. He said that is part of what FDOT pays for. He does not know what the delay was in that, but your lawyer would stipulate that did not happen right away. He said in general what we have done is accepted an administrative fee and then accepted a smaller portion of the fine to cover costs expended by city staff. Deputy Mayor Sackett said he has lived across from that property for many years. He stated it took five years to get those plants planted two weeks ago. He said you are well deserving of the $16,900 fee because you let it sit and said you did not know about the cure plan. He said he is not in favor of$1,690 reduction because that place looked awful for five years. Commissioner Weller asked about covering the city costs and if we know what the costs are. He feels the $1,690 is too low. Commissioner Paris said he agrees with Commissioner Maingot and the ten percent reduction. He stated we don't need any more empty properties along State Road 434. Commissioner Paris moved to reduce the amount of the lien down to ten percent of the original amount of $16,900 to $1,690 on the property located at 1120 West State Road 434. Seconded by Commissioner Maingot. Mr. Langley suggested to put a deadline on that payment in order to make that effective with a 15 or 30 day time frame and give Mr. Williams authorization to issue the Satisfaction of Lien upon payment of the reduced fine. He said sometimes we require an escrow agent to state they will hold the lien document in escrow pending our receipt of those funds from CC 01-16-17/16 the closing proceeds. He said or you can require the owner to pay it now before we will even produce that document. Commissioner Paris amended his motion to include that the payment of$1,690 be paid no later than January 19, 2017, allow the City Manager to sign the Release of Lien and if not timely paid the amount will not be reduced. Commissioner Maingot seconded the amended motion. Motion carried by a three-to-two (3-2) roll call vote with Commissioner Weller and Deputy Mayor Sackett voting nay. 13. CITY MANAGER'S REPORT Mr. Williams said the first lift of asphalt is down in the Industrial Park with two more lifts to come. He said there will be some under-drainage that will take place over the next few weeks. He said paving stops just past UPS and was done by design. He said the reason being there is a future stormwater project planned for that section of the Industrial Park, and we did not want to be in the situation where we put brand new paving down and came back six months later and dug it up to put in a 18 inch stormwater pipe. He said Reider Park has been paved, and the brick access around the Fire Station will be starting within the next week. He said then they will move over and start some milling in the area of Church Avenue, so there will be some road closures coming and some long term road closures coming within the next six months. 14. CITY ATTORNEY'S REPORT. No report. 15. CITY CLERK'S REPORT. No report. 16. ADJOURN. Mayor Durso adjourned the meeting at 8:11 p.m. Jos or ATTEST: MiichelCe'Longo, CMC, City Clerk CC 01-16-17/17 I This Page Left Blank Intentionally. I I CC 01-16-17/18