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CC05-21-2018MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES May 21, 2018 6:00 P.M. Present: Mayor Ben Paris Deputy Mayor Richard Drummond Commissioner Abby Shoemaker Commissioner Matt Morgan Commissioner Brian D. Sackett Dan Langley, City Attorney J. D. Cog, City Manager Michelle Longo, City Clerk David P. Dowda, Police Chief Mike Peters, Fire Chief Chris Kintner, Community Development Director Chris Capizzi, Leisure Services Director Lee Ricci, Human Resources Director Lisa Snead, Financial Services Director Richard Kornbluh, Division Manager Utilities 1. CALL TO ORDER. Mayor Paris called the meeting to order at 6:00 p.m. 2. MOMENT OF SILENT MEDITATION 3. THE PLEDGE OF ALLEGIANCE 4. COMMUNITY ANNOUNCEMENTS. None. 5. PROCLAMATIONS / RECOGNITIONS A. District #5 Nomination of the Business Person of the Month for May 2018. Commissioner Sackett nominated J. Raymond & Associates for the Business Person of the month for May 2018. Nomination carried by a unanimous voice vote. 6. BOARD APPOINTMENTS. None. CC 05-21-18/1 7. PUBLIC INPUT A. Presentation: McDirmit, Davis & Company, LLC will be giving a presentation on the Annual Audit for the Fiscal Year Ended September 30, 2017. Tammy Campbell, Audit Partner with McDirmit, Davis & Company, LLC gave a presentation on the highlights of the audit. B. Public Participation. None. 8. MAYOR AND COMMISSIONERS' REPORT District U. Mayor Paris said he was contacted by one of the Soil and Water Commission members, and they are looking to hold their Regional yearly meeting in the City of Longwood. He stated, Mr. Young said he would be willing to come and do a presentation about the event and holding it here at the next commission meeting. District #4. Commissioner Morgan said he has had multiple residents calling, texting, emailing, and direct messaging with worried concerns after the latest shooting at Santa Fe High School in Texas. He first wanted to send prayers and condolences on behalf of Longwood, but also wanted to take the time to give some advice. He said just like myself, we are all incredibly worried about our children's safety and what should be a very safe place to continue their learning. My advice to those parents that want to have their voices heard on this specific matter and get results more than ever right now it is so prudent to do your research on who is running in your own county School Board elections. I strongly suggest that you email and call both candidates and those currently in office on the School Board and ask them what is being done to ensure your child's safety. He said as a City Commissioner, we have no jurisdiction over our public schools, just as the School Board does not have any jurisdiction over City matters. However, we do work in close partnership and cooperation with our schools here in Longwood. If the school approaches us, we will gladly work with them however we can. To that end, one area that is already under way is the matter of school resource officers. Here in Longwood, we have one at every school. We are also working with the schools and county to increase from one to potentially two school resource officers, allocated and paid for by the schools and the City. That is a very progressive step, and one not being taken currently by many locations throughout different states here in our country. Commissioner Morgan thanked every single person that has contributed to Lyman High School getting new Flex, or anti -concussion football helmets. We went from one Flex helmet to 12. He said that is very impressive, doing this in just four to six weeks. He said we need to do more because that only covers half of the team. He said those who would like to donate to this important cause can go to Lyman Football Facebook page where CC 05-21-18/2 there is a direct link to their Go Fund Me Page. These helmets cost $350 each, but working with Coach Thomas at Lyman, we were able to set up a special arrangement with Riddell, where if we order a certain amount of helmets, we can get a helmet for $300 a piece plus new jerseys. He said he was invited to give their pep talk before their annual Spring Intra-Squad game they have every year. These are very intelligent, hard-working dreamers that have huge plans and goals in front of them. Commissioner Morgan said at the last commission meeting, I discussed I had a meeting with the owner, a prospective vendor, which uses the technology of Advanced. Metering Infrastructure (AMI), and ways and efforts to uncover more financially sound, innovative ways to accurately take care of our neighborhoods' irrigation systems. He said I brought up how many citizens during their special assessment neighborhood meetings I go to, all were complaining of their neighborhood's water bill spiking $200 out of nowhere and later we would find out the cause would be leaks in that irrigation system. This technology, AMI, is able to detect and even predict leaks in advance. It is even able to show areas of lower water pressure, which many times leads to a leak. Average water meters have a 10 year life span, and here in Longwood they are currently being read manually. He said I would like to change that to where we have eyes on it remotely and using this newer technology. This would be the next generation technology, and that is very important to understand. A precursor meeting with this prospective vendor is coming up, and I believe this preliminary meeting will help us orientate and discuss desired outcomes and expectations of the meeting and project itself. He thanked the City Manager for handling that. Commissioner Morgan said he is concerned for parking availability signs being visible at all or present for many of our local small business owners within the Historic District right across the street from here. This has been a concern of business owners for many years that we do not have enough parking availability in the Historic District. He mentioned the owner of Wild Hare as one that has concerns especially with the construction project on Ronald Reagan Boulevard, and that it is going to dissuade success for their businesses. He said it is very difficult for customers to get any kind of parking there because a lot of people are taking those front parking spaces away in front of their store fronts and stay parked there all day, while they are riding on SunRail. He would like to make a suggestion, while Ronald Reagan Boulevard is under construction and take this opportunity to get ahead of the curve with Reiter Park nearing a grand opening and creating more signs for parking availability. He suggested signs that would have been used back in the "Hey Day" of our Historic District, playing to the theme of our Historic District, but as important, it is giving out the information of where people can actually park across from their businesses. He also agreed meters in front of those businesses would stop a lot of the all -day parkers. CC 05-21-18/3 Commissioner Morgan said on Tuesday, May 8th, he was honored to speak on behalf of conservatives on the right side of equality in the work place with a group called SAVE, Safeguarding American Values for Everyone. He said Mayor Paris was present and spoke as well. He said on May 91h, I attended Rock Lake Middle School S.E.A.L Bar-B-Q. The Seminole County SWAT Team was there, and there were all these middle school kids that already know they are going in the military, and they know exactly what branch they are going in to. The S.E.A.L. Program is another outlet for boys to have a more structured environment, more role models in their lives, and to have this disciplined structure of what their goals are. Later that evening, he was invited to a CERT Meeting, and Chief Peters was there, as well as Commissioner Sackett. It was a very good meeting. On May 16th, he went to speak to Cub Scout Pack 691 at Longwood Elementary and helped them plan and execute a skit. He said to get a certain badge, they have to ask a local government official a certain set of questions, which he was happy to oblige. On May 17th, he was the Keynote Speaker for the Interact Club at Lyman High School. To get into the Interact Club, you have to be nominated by teachers, and among your peers after that. It is not easy to get into. There is no question these kids are our future leaders. Commissioner Morgan said he attended Sharing Ramadan, and that was my first time and was very impressed. The food was amazing, and there were some good speeches, and I learned a lot. He said a lot of residents have brought up the problem of the smell from Rangeline Road. This is directly from the water plant, which is a sulfur smell. Mr. Cox said the chemicals reacting and the natural agents doing their job and there is nothing that can be done to change the speed of that chemical reaction getting better. District #5. Commissioner Sackett said regarding the CERT and COPS Meetings he went to, he is very impressed because they are doing a great job. He said the COPS are out in the community, and he sees them all the time. Regarding the CERT Program, they were at 24 to 34 members, and are now down to six. He was really encouraged at a meeting with Chief Peters and a couple of the "old guard" of the CERT Team supporting and revitalizing the CERT Program. This will involve workshops within a month that need to be done, and he would like to see people certified in the right way to make sure this organization is a fundamentally strong as the COPS is as well. Commissioner Sackett attended Sharing Ramadan at the American Muslim Community Center, Iftar meal for breaking a fast. He said it is nice to see that there is a building up the street offering free clinic services. The speech was inspirational about a community living together CC 05-21-18/4 as people who care about one another. That is an excellent mission of the Breaking of the Fast that happened there. Commissioner Sackett said graduation happened recently, and he didn't hear of any horrific things in our area, but unfortunately, the rest of the world is continuing with its problems of mental health for children and young adults. He said there are only two schools in our City, Longwood Elementary and Lyman High School, and we supply 50% of the school resource officers (SRO) for those two schools. The other ones, Woodlands Elementary and Milwee Middle are not part of the school district, but the big problem I am seeing for safety is not necessarily the resource officers, it is the buildings that are not safe. He said there is no fencing around there. If you ever went to Wilson Elementary School in Sanford, you would see there is no way you can get into that campus unless you come right through that front area. I had to go to a funeral there, and I could not get in, and I was the minister. That is what I want to see. Woodlands Elementary does not have the fencing, Longwood Elementary does, Milwee is an open campus of sorts. Once you get in there, you can wander anywhere, and that is why we had that shooting death there years ago. He read a text he received while he was in Minneapolis about it is a sad day when the teachers in this country have one of the most dangerous jobs of all. His response is, it is clearly understood by all of us teachers to do what it takes to always protect our children. He has a panic button on his phone, and all teachers have this. It is an active shooter button. We don't have to go through administration, we just push it and have a response within two seconds. He thinks Seminole County is doing a good job, and he thinks the real answer is not SRO Officers, all classrooms are on lock down. It is the fencing around the building. The dialog has to happen now, not yesterday. He said we have to get our children home from school safe and remember to say I love you. Commissioner Sackett commented on the stench. If you live near it, you don't appreciate nature doing it slowly. We want to investigate ways to take care of the Rangeline Road and E.E. Williamson Road areas. There are a lot of homes over there, and it is horrible. I would like to see something done as soon as possible. District #1. Commissioner Shoemaker said she gives a big shout out to Mr. Cox. Thank you for all your dedication and enthusiasm. You are very much appreciated. She said we have bombarded you, and the citizens have bombarded you, and you have handled it like a charm. Commissioner Shoemaker said my Round Up Program has been provided to Mr. Cox in a draft proposal form for his tweaking and artistic ability, and he has added it to his growing list of To -Dos. She said there is no CC 05-21-18/5 rush, but I do hope by the end of the year by December or earlier, we have something to present and a conceptual plan for you. If not, it can wait. Commissioner Shoemaker said on May 8th, I attended the COPs monthly meeting, and I was given a tour of the portables and offices. Their portables and landscaping are very functional and attractive. I was once a COP, a Citizen on Patrol. I know how committed and dedicated these volunteers are. My purpose for attending the meeting was to thank them for volunteering. Commander Johnny Richardson, of the COPs, invites all Commissioners to visit with them, attend their monthly meetings, or simply call and get to know what they are all about. They would be honored to have you and explain what their program entails. Of all the volunteering I have done, the COPs was by far the most structured and regimented. This is for good reason. Although I had minor issues with items such as monthly meetings being mandatory, not wearing dangly earrings, I survived and enjoyed being a COP. Commissioner Shoemaker said on May 9th, I attended the Land Planning Agency Meeting to thank the board for volunteering. I appreciate them. On May 1 Oth, I attended the monthly Food Truck Event, and this month there were fewer than normal food trucks and a fait turnout. I enjoyed the musical performance by the solo artist. On May 12th, I attended the monthly Car Show. Even though the sky was overcast Saturday, it turned out the show was pretty full of cars and had good attendance. Thank you to Leisure Services for all your great work at our many events. They do work hard. She said it is not easy not knowing if you are going to get rained on, and to let cars in or not, and keeping everyone happy. At some time, I would appreciate it if staff is able to have a phone number to call and find out if the City has cancelled the Car Show. This number could be included in the advertising and just state call at a certain time for any updates. She said this is just a thought, as this would have a benefit to participants and visitors as well. Additionally, this could also benefit all events for persons planning to attend to call ahead. Mr. Cox asked about it being put on the website. Commissioner Shoemaker said yes, that would be where they would advertise it mostly. Especially when Reiter Park begins having so many outdoor events because this is the sunshine state when it is not raining. She said on May I5th, I attended the Ronald Reagan Boulevard Public Meeting. This was a great presentation in response to questions as usual by Mr. Kintner and our Community Development staff. I still have concerns regarding safety in certain areas, but I have been assured they will be addressed, and I should not worry. Commissioner Shoemaker attended Sharing Ramadan at the American Muslim Community Center with Longwood Commissioners Sackett, CC 05-21-18/6 Morgan and Mayor Paris. She said I was pleased to learn about all the areas of assistance this center gives to our community. Not only their medical facility that Commissioner Sackett brought up, but they also donate to different thrift shops, and they are a great source in our community for us. On May 18th, I attended the Tiberon Cove Quarterly Meeting regarding their Beautification Assessments. She said Ms. Snead developed a Beautification Assessment planning sheet, a tool which includes an estimated annual cost, current revenue, expenses by quarter, and balance of estimated budget for expenses remaining at the end of each quarter. This transparency in planning greatly aids both the City and the Board to make decisions about future expenses and assessment rates. This is no small feat for Ms. Snead and Mr. Black. She thanked them for all their work on these Beautification Assessment Neighborhoods. Commissioner Shoemaker said she heard from Ms. Bryant regarding parking. She made many great suggestions. The only thing I would add is I agree with her that the parking lot on Ronald Reagan Boulevard at Clock Tower Park is much underutilized. However, I am not sure the lack of knowledge is the biggest culprit. The lack of desire to cross a busy four - lane road may in itself be more of a hindrance. She said I am hopeful the Road Diet Plan for Complete Streets helps by making the walk across four narrower lanes of cars more appealing. Commissioner Shoemaker said she received an email from Mr. Carter, Board of Directors at The Landings. I have been invited to attend the June Home Owners Association (HOA) Meeting for The Landing Subdivision, which I look forward to attending and meeting everyone. Mr. Carter and the residents of The Landings have an ongoing problem related to the retention pond located to the west of the subdivision, which also affects The Woodgate Subdivision. I have previously been contacted by Mr. Bowman, who reported his concerns. The City Manager has contacted Mr. Carter, and he and staff are addressing their concerns. She contacted Mr. Cox after the second day she noticed a sign that said Rangeline Paving on May 14th. We have enough distractions while driving, that a non-event should not be another one of them, so with the help of Public Works, Mr. Cox, and the contractor, the sign does not give us any other information for a non-event. District #2. Deputy Mayor Drummond said he had the opportunity last week to go to the Columbus Harbor Homeowners Association Meeting. He said when talking to some of their representatives they had an issue with City water billing. Evidently, some residents are receiving their bill up to a day before it was due. I spoke to Mr. Cox and he has contacted the Utility Billing Department, and it seems it is an issue with the provider we have for the Utilities billing, but think we may have that addressed. If there is any further concerns, please let us know. CC 05-21-18/7 9. ANY ADDITIONS OR DELETIONS TO THE AGENDA. Commissioner Sackett requested to pull Items 1 OC, 1 OD, 10I and IOJ for discussion. 10. CONSENT AGENDA A. Approve Minutes of the March 26, 2018 Work Session and the March 27, 2018 Special Meeting. B. Approve the Monthly Expenditures for April and May 2018. C. Approve the Monthly Financial Report for April 2018. D. Approve an agreement with Utilities, Inc. to provide irrigation water to six existing medians between Robert Street and Palm Springs Drive as part of the State Road 434 Median Landscaping Project and approve a purchase order in the amount of $39,226.33. E. Approve a purchase order in the amount of $43,721.35 for landscape architectural plan design services by Atkins for U.S. Highway 17-92 median landscaping from Raven Avenue to Dog Track Road. F. Approve a purchase order in the amount of $50,000 to Hydra Services, Inc. for repair and maintenance of 32 lift stations within the City. G. Approve a change order in the amount of $50,000 to purchase order #18-00150 for Ferguson Waterworks for water and sewer materials. H. Approve a Risk Protection Order Filing Agreement between the Seminole County Sheriffs Office, the City of Longwood, and the Longwood Police Department. I. Approve waiving the rental fees excluding the attendant fee at the Longwood Community Building for Clint Gioielli, an employee of the City of Longwood. J. Approve a salary increase of $6,258.70 annually for the Utility Billing Manager and pay retroactively to February 22, 2018. Commissioner Sackett moved to approve Items I OA, 1 OB, I OE, 1 OF, 1 OG, and 1OH. Seconded by Deputy Mayor Drummond and carried by a unanimous roll call vote. CC 05-21-18/8 Discussion ensued on Item 10C. Commissioner Sackett moved to approve Item 1 OC as presented. Seconded by Commissioner Shoemaker and carried by a unanimous roll call vote. Discussion ensued on Item 101). Commissioner Sackett moved to approve Item 1 OD and authorize the City Manager to sign a purchase order in an amount up to $39,226.33. Seconded by Commissioner Shoemaker and carried by a unanimous roll call vote. Discussion ensued on Item 10I. Commissioner Sackett moved to approve Item 10I as presented. Seconded by Deputy Mayor Drummond and carried by a four -to -one (4-1) roll call vote with Commissioner Morgan voting nay. Discussion ensued on Item IOJ. Commissioner Shoemaker moved to approve Item 1 OJ as presented. Seconded by Deputy Mayor Drummond and failed by a one -to -four (1-4) roll call vote with Mayor Paris, Deputy Mayor Drummond, Commissioner Sackett and Commissioner Morgan voting nay. 11. PUBLIC HEARINGS A. Read by title only and adopt Ordinance No. 18-2139, regarding an application submitted by Longwood TOD for a Development Agreement consisting of approximately 50 townhomes. Mr. Langley read Ordinance No. 18-2139 by title only. 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 then swore in Mr. Kintner. Mr. Langley asked for disclosure of ex parte communications by the Commissioners. There were no ex-parte communications. Mr. Kintner presented the Item and answered questions. CC 05-21-18/9 Mayor Paris opened the public hearing. No one spoke in favor or opposition to .Ordinance No. 18-2139. Commissioner Sackett moved to close the public hearing and carried by a unanimous voice vote. Commissioner Sackett moved to adopt Ordinance No. 18- 2139 as presented Item 11A. Seconded by Deputy Mayor Drummond and carried by a unanimous roll call vote. B. The City Commission to hear public request for a Special Exception (SPE 01-18) to the City of Longwood Development Code, Section 3.2.3.D.11, Design Standards, to allow the Township Plaza to enclose three dumpsters on their property with wooden enclosures instead of masonry walls on three sides as required by code. Mr. Langley stated this is a quasi-judicial matter and anyone wishing to speak on behalf or in opposition to this Special Exception (SPE 01-18) is requested to stand and be sworn in. He then swore in those wishing to speak. Mr. Langley asked for disclosure of ex parte communications by the Commissioners. There were no ex-parte communications. Mr. Kintner presented the Item and went over the basics of Special Exceptions and made reference to the staff report that was part of the agenda packet. He said this is a request for a special exception for the City of Longwood Development Standards Section 3.2.3.D.11, a requirement that dumpsters be placed on a property with a full concrete block structure on new properties and redeveloped properties in the city. There is a standard by which the special exception process is considered, and there is criteria for considering and granting one. The special exception process is required when the applicant believes there to be a unique circumstances at the site or special circumstances where strict compliance with the code is not feasible or desirable, and that deviation from the code will equal allow for equal or better results. Mr. Kintner said the applicant has to establish that they feel the result is equal or better. He addressed the history leading up to the special exception from a Code Enforcement perspective. He said we are considering whether there are unique circumstances, and we are weighing them against that criteria. He said Township Plaza was cited on June 7th, 2017 for clean-up of their retention pond in the rear of the property. During the investigation of this code enforcement violation, it was also found that the property owner CC 05-21-18/10 was storing dumpster enclosures in a stormwater retention area (please see pictures below). The property owner was cited and given a compliance date of January 31, 2018 to relocate the dumpsters and enclose them consistent with the LDC. At the property owner's request, staff gave two extensions ending on March 31, 2018 to allow the applicant time to consider options on the property. The applicant removed the dumpsters from the stormwater retention area (which addressed the initial violation) on March 22nd, 2018 and relocated them to another location in the rear of the property. Since the dumpsters were relocated, the dumpsters have to comply with Section 3.2.3(D) 11 of the LDC which states that "Dumpsters shall be enclosed on three sides by a masonry wall consistent with the color and design of the development of a height sufficient to entirely screen the dumpster from view. If additional dumpsters are added following the initial development process, these dumpsters must also comply with the standards of this section." The applicant has submitted a letter along with the application. It includes a "First Request" which asks to be excluded from enclosing the dumpsters at all due to "grandfathering," otherwise known as possessing legal non- conforming status. This request cannot be entertained by staff in part because a) there is no record of the dumpsters being properly located by a site plan or building permit that would establish legal non -conforming status and b) as the dumpsters have been relocated, they would have lost any legal non -conforming status they would have had even if (a) were not true. As such, staff contends that Section 3.2.3(D) 11 of the LDC applies in full. The applicant's second request (pertaining to this special exception request) asks that they be allowed to use wood enclosures instead of masonry walls. He said staff has reviewed the second request against the criteria in Section 9.3.3 of the LDC: The request is consistent with the spirit and intent of the Code: The intent of the Code is to block the dumpsters with a material that is complementary to the buildings and this request is not consistent with that intent. The resulting development will provide equal or better results than required by the Code: Over time, wooden enclosures tend to break down with normal wear and tear. So a wooden fence will not achieve a better result than a masonry wall which would also be consistent with the development. That the resulting development is consistent with the city's comprehensive plan and other city adopted planning documents: CC 05-21-18/11 The purpose of the Community Design Section in the Future Land Use Element of the Comprehensive Plan is to promote and enhance the character of the community and improve the quality of existing and future development. In particular, Goal III and Objective II of the section states that "the City of Longwood shall implement compatibility standards in order to provide for the best visual image of the City of Longwood along arterials and collectors. " The LDC standard ensures compatibility with the building and the overall aesthetics of the site. That the granting of the special exception will not diminish property values of the area surrounding the site: Since 2015, Township Plaza has had at least 6 code violations. Community Development staff receives consistently negative feedback about the state of the center. Granting a special exception to decrease the amount of investment in the attractiveness of a property that has already suffered from a lack of investment would seem to have no positive impact on surrounding property values. That the request represents the minimum modification(s) necessary and is not primarily driven by a desire to reduce costs on the project: The wooden enclosures around the dumpsters will cost considerably less than the masonry walls. The applicant states in the letter included in the application "concrete enclosures are substantially more expensive and are expected to be cost prohibitive for many business owners" and "... granting Township a special exception to build wood enclosures ... will save property owners thousands of dollars." If the condition resulting for the request for a special exception is common to numerous sites, so that the request for similar special exceptions is likely to be received, the cumulative impacts of granting the request: There are properties within the City that have dumpsters that currently have no enclosure or have wooden enclosures. It is likely that many if not all of those properties are legally non -conforming since April 2005 when the section regarding dumpsters was formally adopted into the LDC. However, if any of those dumpsters were to be relocated as is the case in this instance, the same code would apply and they would have to be enclosed on three sides by a masonry wall. Granting a special exception in this case wherein the property owners' sole stated motivation is to avoid the cost of meeting the Code would set a precedent for future property owners to make the same argument in future cases. CC 05-21-18/12 Mr. Kintner said based on the criteria above, the staff does not recommend approval of this special exception. The application is in direct conflict with a number of the criteria for a special exception, including the consideration of the establishment of precedent. The applicant has indicated in their letter that the wooden enclosures would save thousands of dollars and could potentially provide the same relief to numerous other property owners. If the City Commission concurs with this sentiment, staff recommends that along with the motion to approve the Special Exception, staff should be directed to bring forward a change to the LDC removing the requirement for masonry wall enclosures. Mr. Kintner answered questions from the Commission. Mr. Langley stated for the record there is a staff report that the Commission has the benefit of in front of them that includes Mr. Kintner's report. He said it does include the application, the Special Exception code provisions, and also there appears to be a letter from Township Plaza dated April 26, 2018, as well as plans for the proposed plans for the cure for the dumpster location. Mr. Steven Leitman, stated he is an attorney and Brenda Leitman's son who is the applicant and was there on her behalf. Mr. Barry Revels and my mother are witnesses and asked Mr. Langley if he could call on a witness. Mr. Langley replied in the affirmative. Mr. Leitman called on Mr. Revels and asked various question regarding how long he has worked for Township Plaza, his involvement with the placement of the dumpsters at the plaza, were they asked to put down concrete pads, were you told to move the dumpsters and was it under a possible violation of $250 per day up to $500 per day and the threat of a lien being placed against Township Plaza. He was asked about the ownership of the plaza, did his mother try and comply with the City when asked, current location of the dumpsters, if he felt he had no choice based on the threat of violations to move the dumpsters, if they would have moved the. dumpsters if the City told them to do so prior to the code being in effect in 2005, the distance they had to move the dumpsters out of the stormwater pond. He was also asked about other examples of unenclosed dumpsters in the City. Mr. Leitman asked do you believe that 20 feet should be considered a relocation for what is under the code. CC 05-21-18/13 Mr. Revels replied absolutely not, the dumpsters are what's grandfathered in, not the location. Discussion ensued and the Commission asked questions. Mayor Paris summarized stating the argument is that the dumpsters were there and should be grandfathered in, you didn't really move them, and this request is being brought before forward because they were moved. Mr. Leitman replied that is correct and his mother did not have a choice and the City told her they had to be moved. He also noted that his father was the one who ran Township Plaza. Further discussion took place. Mr. Langley asked if Mr. Leitman had anything further to add. Mr. Leitman asked questions of his mother, Mrs. Brenda Leitman, 1624 Strand Street, Neptune Beach, Florida, the majority owner of Township Plaza. He asked her about when her husband passed away and that prior to that he was the one who primarily ran the plaza, the location of the dumpsters, if she was ever alerted by the City to move the dumpsters prior to 2017, if she moved the dumpsters in 2018, and if she felt she had no choice to move them. Mr. Leitman summed up and stated he felt this should be grandfathered in because it is their contention the City was the one that told Township Plaza where to place the dumpsters, and told them to put concrete pads down, which they did. He said they complied with what the City told them what to do and kept them there for 34 years. The City was out there for various reasons multiple times, and never told Township Plaza, Barry Revels, my father, my mother, to move the dumpsters any time prior to the change in the code. No one else spoke in favor or opposition to the Special Exception. Commissioner Sackett moved to close the public hearing and carried by a unanimous voice vote. Discussion ensued on a decision and the grandfather issue. Mr. Kintner said he wanted to caution, in making the decision, the Commission is expected to refer back to the criteria and say where and how they got to the point they got to. He suggested for them to refer to Item 6, if the condition resulting for the request for a CC 05-21-18/14 special exception is common to numerous sites, so that the request for similar special exceptions is likely to be received, the cumulative impacts of granting the request. Commissioner Shoemaker said the reason they moved it was they were directed by the City to move. She said that helps to not set a precedent unless that happens again. I am not saying anything negative about staff or the City, but that is something we are considering. Mr. Kintner said where we are cautioning against that, is those requests did not happen separate from each other, they occurred concurrently. He said where the dumpster enclosure is located in the stormwater area, it had to be moved out of there, and shouldn't have been there in the first place. Commissioner Shoemaker said, but the City told them to put them there. Mr. Kintner said that is a very unique situation that occurred, but the reason to move them was to take them out of an area they should not be because they were in a stormwater ditch. Commissioner Shoemaker said she wanted to share that because to me that preferences the exact situation that created the grandfathering to begin with. Everything was directed by the City, in my opinion. Mr. Langley asked, for clarification for a motion. He asked are the dumpsters in the location that the City wants them to be in right now. He asked have they been relocated to an area on the property where the City is satisfied with their location. Mr. Kintner stated yes. He said they are out of the stormwater location, so that part is ok now. The question now is the actual enclosures. Commissioner Sackett made a motion to deny the Special Exception because of the compliance in Section 9.3.3. Mr. Langley asked are you adopting the findings of Mr. Kintner's report. Deny the Special Exception 01-18 on the grounds that the request is not consistent with the entirety of the established criteria for a special exception. Commissioner Sackett replied in the affirmative. CC 05-21-18/15 Discussion and questions took place on the motion. Seconded by Commissioner Morgan and motion failed by a two -to -three (2-3) roll call vote with Deputy Mayor Drummond, Commissioner Shoemaker and Mayor Paris voting nay. Mayor Paris moved to approve the Special Exception to require the fence enclosure around the dumpsters being wooden. Seconded by Deputy Mayor Drummond. Mr. Kintner noted the applicant did include drawings in there that you could use that they provided us. Motion carried by a four -to -one (4-1) roll call vote with Commissioner Sackett voting nay. 12. REGULAR BUSINESS A. Read by title only and adopt Resolution No. 18-1463 approving the renewal of the Community Development Block Grant (CDBG) Program Cooperation Agreement with Seminole County. Mr. Langley read Resolution No. 18-1463 by title only. Mr. Kintner presented the Item. Commissioner Sackett moved to approve Resolution No. 18-1463 as presented Item 12A. Seconded by Mayor Paris and carried by a unanimous roll call vote. 13. CITY MANAGER'S REPORT Mr. Cox said the budget is our number one priority. He said I have put a heavy load on our Finance Department, so if you happen to need something from them try and be a little bit patient. He said we have a lot of work to do on the budget and quite a bit of time and distance to cover between now and the time frame that we need to meet. I did send out a request for the Commission to take a look at your schedules to see if we can make a modified schedule and it still leaves us plenty of time in the calendar to be successful. I wanted to share as far as our staff is concerned, the more I get to know our staff the more excited I become. Mr. Cox said we had a team huddle this past week and it was very highly attended and I believe it was fairly successful from the feedback I received and a very good turn -out. He said I think in the future I would like to take a look at our community participation and see if there are additional things CC 05-21-18/16 that we might be able to do to help bolster that and enhance that in other ways. Mr. Cox touched on Rangeline Road, and said we did have the first 1,000 feet done the night before last and hopefully with another 9,000 to go. He said with the rain they make a call each evening before they decide whether they can go or not. Unfortunately, they haven't been able to go, all but one night so far. He said CERT was mentioned by Commissioner Sacket and Fire Chief Peters and I met with the County Emergency Manager this past week. We had a great meeting, the purpose of that was to find out what the County is doing, what other communities in the State are doing, what are the best practices. We had a great conversation and were provided with some materials to use. He said I think the nett -thing for us to do is for Chief Peters and I to meet with members of the CERT group and anyone else interested in it, and do some brainstorming -on how-; we can best move forward now that we have this additional information _ from the County Emergency Manager. He mentioned that the -County Emergency Manager said a lot of CERT organizations currentl-y in Florida - are geared more toward neighborhoods, not whole_communities, which_ I- thought was interesting. Mr. Cox said we have had some success with the water bill, and we did waive the late fee because of the late mailing. He said Chief-Dowda reported the Police Department will be lowering their flags to half-mast on Memorial Day. He said the budget is our number one theme right now, and we are going to continue going along those lines. If I haven't said it lately, I would like to say how much we are enjoying our community. We had the opportunity to attend a local race track this weekend, and another source of wonderful entertainment here in our community. 14. CITY ATTORNEY'S REPORT. No Report. 15. CITY CLERK'S REPORT. Ms. Longo reminded the Commission that the Florida League of Cities Annual Conference will be held this year in Hollywood and will be Thursday, August 16th through Saturday, August 18th and has registered and booked the hotel for them. She stated she would have all the documentation for them prior to the conference including the per diem checks. Ms. Longo said there is another Ribbon Cutting set for Wednesday, May 30th at 5:00 p.m. at CSL Plasma located at 160 N. Highway 17-92. She advised that she has filled the Senior Administrative Assistant position and she will be starting on June 4th. She thanked them for their patience and understanding during the past few weeks. She also advised that she will be out of the office attending the Florida Records Management CC 05-21-18/17 Association Annual Conference this week from Tuesday through Friday and this is to maintain her designation of Florida Certified Records Manager. 16. ADJOURN. Mayor Paris adjourned the meeting at 8:19 p.m. Ben Paris, Mayor 1 1 CC 05-21-18/18