CCMtg06-05-06Min~ L®I~GWO®I~ ~:'IT~_' C®M1V1[ISSI®l~
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
M][NU7CES
.TUl~E 5, 2006
7:00 P.M.
Present: Mayor John C. Maingot
Deputy Mayor Dan Anderson
Commissioner Mike Holt
Commissioner H.G. "Butch" Etundy, Jr.
Commissioner Brian D. Sackeitt
Richard S. Taylor, Jr., City Attorney
John J. Drago, City Administrator
Sarah M. Mirus, City Clerk
Tom Smith, Division Manager of Streets/Fleets
Richard Kornbluh, Division Manager of Utilities
Pat Miller, Director of Community Services
" Tom Jackson, Chief of Police
~~ Carol Rogers, .Director of Financial .Services
Battalion Chief John Rougeux,, Fire Department
Ryan Spinella, Executive Assistant
• Paul Sizemore, Community Services Coordinator
1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:03 p.m.
2.. A moment of SILENT MEDITATION was followed by the PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEM;ENT~~. The following announcement was
made:
' A. A Blue Grass Pickin' will be held on June 17, 2006 from 7:00 p.m.
until 10:00 p.m., Longwood Community Building, 200 West Warren
Avenue.
4. RECOGNITIONS.
A. District #5 Presentation of the :Business Person of the Month Award
,for June 2006 to Leroy Glen Wilson of Atlantic Plumbing of
Longwood, located at 1001 Alameda Drive.
Commissioner Sackett read a brief biography about Leroy Glen Wilson of
'~ Atlantic Plumbing. He presented_Mr. Wilson with the Business Person of
the Montli Award for June 2006. Photographs were then taken.
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5. BOARD APPOINTMENTS.
A. District.#4 Nomination to the Codes Enforcement Board.
Commissioner Bundy nominated Timothy M. Dolan, 1083 Cross Cut
Way, to the Codes Enforcement •Board. Nomination carried by a
unanimous voice vote. •
B. District #4 Nomination to the Parks and Recreation. Advisory Board.
Commissioner Bundy nominated Tammy Uliano, 224 West Magnolia
Avenue, to the Parks and Recreation Advisory Board. Nomination carried
by a unanimous voice vote. '
C. District #3 Nomination to the Board of Adjustment.
Commissioner Holt deferred the nomination.
6. PUBLIC INPUT.
A. Public Participation.
Tammy Uliano, 224 West Magnolia Avenue, said she was here to present
a proclamation from the State of"Florida honoring our hero's on
September 11, 2006. She said the State has designated this date as Hero's
Day which started with the City Commission accepting a proclamation
from her 4~' grade class.
John Pagano, 109 Slade Drive; read a story he wrote in regards to what
transpired during Hurricane Charlie and dealing with the City of
Longwood. The story was about an 81 year old woman who ..had a limb of
a giant. oak tree crash alto her house and yard, destroying her shed and its
contents. Her son rebuilt the shed and one of the neighbors called Codes
Enforcement about the shed. Codes Enforcement red tagged the shed and
they were told they needed to get a permit. He filled out the paperwork
and turned it in. One month passed and after no response he called Codes
Enforcement who had lost his paperwork. He received another letter
telling him he needed a permit so he filled out permit forms again and •
another month passed. by with no response. He called to inquire about the
permit and was told the paperwork was not correct. He asked. what he
needed to do. Following four months the woman received a summons to
appear at the Codes. Enforcement meeting. He said his paperwork was
misplaced by the City and when he went to the Building Department they
told him he needed a variance. At this point he dropped the ball and never
did get the variance or continue the process on the permit. He called the
City of Longwood to inform them he could not make the meeting and he
.left four messages. He said Codes Enforcement came to the house and
stated they never received the messages. He pleaded with the Commission
to tell him what he needed to do to levy "the fines and. said he would rip
down the shed. He said Mr. Taylor told him to call his office and. he would
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~ help him with it. He made three calls to Mr. Taylor's office with no
response. He requested that orneone step up to the plate and help his
mother with this fu1e.
Dial Bhagwandass, 702 Pasadena Avenue, said l1e ow~led the property at
702 Pasadena Avenue and has had an issue with a buildrigpernit. He
came to the City after he :received the permit November 22°d for repairs on
the building and since then he bias had some family issues that did not
allow him to do the work on tl7e house. He said the permit expired acid. he
went back and started living there. He said the property, consists of two
houses and the wood started to rot on the smaller house. He started to do a
patch repair and one thing led to another so he decided to replace the roof.
He left the back exposed so the City could see the work he had done when
he applied. for a permit. 1=1:e carr~:e to the City to pull the pei7nit and learned
there was a stop work order. He; was told they could not grant a permit
because the house .had to be homestead and that house was not. H:e spoke
to two other building officials and his attoriey. He said the house did not
require homestead to pull a permit; he owns the house and lives at the
house. He shared this with the City the next day and they declined to issue
a permit and said they would look into it. He requested the Commission
look into this issue.
.Dan McCoy, .137 East Maine Avenue, said he received the annua.( water
~' survey in his water bill this month. He said he was pleased this was sent to
the residents, but he was concerned with what was not on the survey. He
said this was a normal pool chlorine test kit,and the chlorine in the city
water was. regularly higher than the. ideal~chlorine in a swimming pool. He
said this was not acceptable and he was concerted with the amount of
chlorine in the drinking water.
.Randy Porter, 40.1 Tullis Avenl~e; said he lives in Longwood and also
owns a couple of rental houses. He went to Lieutenant Cohen to ask him
where to place the signs. lie explained the signs were going to be on
private property with permission from the owners and was told there
should be no problems. He said the very next day Officer Price called him
and said the signs needed to be removed. He declared.the Code was very
difficult to understand and he was receiving. different interpretations from
Lieutenant Cohen and Officer Pr--ice.' He suggested the Code be revisited.
7. CITY ADMINISTRATOR'S REPORT.
Mr. Drago said Commissioner Sackett had previously brought up an issue
regarding aright-of--way behind Shadow Hill that was overgrown. He reported
this area had been cleaned. While Public Works was working. in this area, some of
the residents told them they did not wait the .area mowed, but left natural. He
inquired if the Commission wanted this right-of--way uniformly maintained, or
~ move around the areas. .
Mayor Maingot said he would like to sf;e it maintained uniformly.
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Commissioner Sackett said his bringing it up originally was at the request of
people.who live ui the Shadow Hill area. He suggested uniformity was what the
overall people of Shadow Hill were looking for.
It was the consensus of the City Commission this area be maintained uniformly.
Mr. Drago said the Fire Chief informed him the City periodically adjusts the
transportation fees relative to Medicare. and Medicaid. He advised that Medicare
and Medicaid had raised their rates and requested pernlssion to bring forward an
ordinance. to match their rates. He affirmed the City only billed what Medicare
would cover and requested to keep pace with their rate increases. He reviewed the
rates.
It was the consensus of the City Commission to have the City.Administrator bring
forward an Ordinance.
Mr. Drago reviewed pictures of Magnolia Park. He said the Commission had
approved two pavilions in the budget, one for Magnolia Park and one for
Sandlewood Park. He advised the pavilion was currently being placed right in the
middle of Magnolia Park. He stated one reason being for safety, with the street
light in the same area making it easy for police to patrol. The' second reason is to
allow the sidewalk to be extended from the street to the pavilion and from the
pavilion to the playground equipment making it handicap accessible. He said they
ran into an issue after the footers were poured with one resident objecting on the
positioning of the pavilion. She preferred the pavilion be placed on the corner to
the left side of the property so to leave open space for the children to play. He
advised staff talked to the fifteen (15) residents on the street and nine (9) residents
wanted it in the current location, four (4).residents did not care one way or the
other, and two (2) residents wanted it in the back corner. He requested direction
from the Commission whether to take out the footers and move the pavilion or
leave it where it is currently'. He said the Police Chief had sent the Commission a
letter endorsvig the current location for safety reasons.
It was the. consensus of the' City Commission to leave,the pavilion in the current
location.
8. MAYOR AND COMMISSIONERS' REPORT.
District #3. Commissioner Holt said the shed issue with Mr. Pagano had been
addressed previously and Mr. Taylor was going to personally handle the issue. He
inquired if Mr. Taylor was going to address this under his report. .
Mr. Taylor stated it was his understanding he was going to appear back before the
Codes .Enforcement Board. He advised Mr. Pagano did not call his office for
some. weeks later. He said he initially told him to appear before the Codes
Enforcement Board and request the fine be reduced and he would recommend that ,~
highly to the Board. He said he was not aware Mr. Pagano would not be able to ~
appear at the meeting. He advised the Board could waive or reduce the fines and
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~ he would need to appear before the Codes Enforcement Board and. make. this.
request.
Commissioner Holt inquired if the chlorine in the water was being addressed.
Mr. Kornbluh said the level of chlorue was 3 and the highest level would be at 4.
He declared this meets regulations.
Commissioner Holt gave an update on :Envision Seminole and said they had
conducted a survey on identifying how to improve communities Countywide. He
said the City of Longwood had good results. He reported there was a meeting at
the Corrununity Building by myregions.org in regards to preparing for the
projected number of people moving to the area by 2050. He advised the next
meeting was scheduled on Tuesday from 6:00 - 8:00 p.m. at the Holy Cross
Lutheran Church. He declared he would like a consensus to hold a Work Session
to look at the LDC. He recognized Sea.~a Manis, a 13 year old Boy Scout who is
working toward his Eagle Scout merit badges.
District.#4. Connnissioner Bundy said there would be some resolution in regards
to the permit issue with Mr. Bhagwandass. He suggested he meet with Mr. Miller.
Commissioner Bundy said Longwood has no vast tracks of land available for
development and Seminole County has little land to be• developed. He stated they
would be looking at in-fill development. He declared there were people concerned
about development and growth acid he asked if they were the same people
concerned with affordable housing. He said the only way to address this was to
increase the density and this would put more impact.on the infrastructure. He
suggested holding, a Work Session in conjunction with the urban mixed-use
development on what needs to be done for the infrastructure. He said this would
be'the hardest issue to resolve and sug€;ested inviting people from .other
communities.
Commissioner Buridy said he had been. approached by several people for not
giving the Mayor a briefmg on everything he had been participating in. F[e stated
he carefully explained there was no way to brief him on everything because of the
Government-in-the-Sunshine Law, but .minutes were available from all ~of the
meetings and had been distributed. He reiterated, in regards to the Codes
Enforcement issue, there was not a lot the Commission could do about this
situation.
District #5. Commissioner Sackett. extended a thank you to everyone for the
generous card in the passing of his sister. He reported, prior to school ending, on
May 23rd, he met with the Lyman crew regarding the Lyman pool and.the
direction they would like to see in regards to the pool. He said they would like to
~ meet again and suggested Fran Meli be included in these meetings. He stated
Rock the Park was a wonderful event and while there he was' approached. about
speeding in the Highland Hills area. He referred this issue to the Chief of Police.
He said he was fortunate to have purchased another home on the other side of
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Longwood and he was able to watch Waste Pro go through this area. He advised
the City Administrator if he had to grade Waste Pro on what lie has seen, he
would give them an "F".
Commissioner Sackett stated it did make sense to pursue some sort of barrier
along Rangeline Road to protect children from going into the muck of Island Lake
North. He said they also needed to be consistent with the behavior of the turtles
and birds in the area.
Mayor Maingot.suggested the City Administrator look into this and put it on the
next agenda for discussion.
Commissioner Sackett inquired if the Commissioners would have a review of the
presentation to the Woodlands. prior to the meeting.
Mr. Drago stated Mr. Spinella could place a disc with the presentation in each of
the Commissioners' mailboxes.
District #1. Mayor Mairigot reported May 17~'the Florida League of.Cities focus
group,. Maitland legislative priorities for the future focus of Tallahassee was held
in Maitland,. May L9~' Envision Seminole was held at the Sheriff s office in
Sanford, and May 24~' was the Joint City/County Services Advisory Committee
meeting and the County was pushing consolidation of services. He said it was also ~'
mentioned the Parks and Recreation Committee would be meeting with the cities
regarding developing plans to bring sporting.. events to the area. May 25~' Envision 4
Seminole reviewed the survey results, and. May 31st myregon.org was very well
attended at the Longwood Community Building. He affirmed mass transit was an
issue brought forward at this meeting as well as water use.. He reported he had
received calls from, residents of. The Landings and the Highland Hills area with
regards to their concerns of what was happening. He suggested the City
Administrator and Commission think about considering enlarging the retention
and pumping. capacity. In the interim, The Landings were holding back on some
road renovations. He said he would discuss this further with, the City
Administrator.
District #2. Deputy Mayor Anderson reiterated with regards to the shed and
permits that there was nothing the Commission could do in regards to ,the fines.
He said he was hearing over and over about people getting lost in the system and
that is a priority of the Commission that people do receive ari answer. He said he
has been receiving phone calls from Columbus Harbour regarding the chlorine in
the water. He requested this be evaluated.
Deputy Mayor Anderson said the Commissioners often,hear about signs being
taken. He suggested locations. be identified throughout on City right-of--ways
designating them to be appropriate areas to place signs. He said people. want to
follow the rules, but they are confused. .
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~ Deputy Mayor A~Zderson said the new ~~oncLUrency rules aald the School :Board are
supposed to attend those meetings.:[3e said he understands the School Board
wants to make sure they have quality schools ready, but this issue needs to be
addressed together. He said affordability is a problem and people would be
.relocating Here. He stated he had given a presentation to the County Commission
on trails and at that time they said they were going to try to find a way to make it
.happen, but they requested he talk to N[etroPlan. He advised he spoke to
MetroPlan a few days ago and they lilccd the plan, but did not want the City to'
request federal funding. He suggested t:he Commission now needs to formally ask
them for assistance in building th.e trails. He suggested this be placed on an
agenda and passed by Resolution.. He reported that DOT has federal funds they
are administering for a Safe Kids to School program.
Discussion was held regarding holding a Work Session.
It was the consensus of the City Commission to hold a Work Session regarding
signs and the Longwood Develol,>ment Code on Monday, July 10, 2006.
9. CO_ NSEN~' AGENDA.
A. Approve Minutes of the May 15, 2006 Regular Meeting.
B. Finance Division of the Financial Services Department recommends
payment of approved and estiimated bills for June 2006.
C. Streets/Fleet Division of`the Public Works Department recommends
the City Commission approve: a purchase order with Cato
Environmental Service, Inc. in the amount of $59,410.00 for the
mowing maintenance service; (Bid # 03-06) and authorize the City
' Administrator to sign all appropriate documents.
D. City Administrator recamme:nds the City Commission approve a
work authorization in the amount of $173,750 to Associated
Consulting International for ,~ Marketing Study and General Design
and Development Standards ;for the Hamlets of Longwood and
authorize the City Administrator to sign all documents.
E. The Community Development Division of the Community Services
Department recommends the City Commission approve an escrow
agreement with Sandhill Homes, Inc., in the amount of $200,000 and
authorize the Mayor to sign the necessary documents.
Commissioner Bundy moved to approve the Consent Agenda.
Seconded by Deputy Mayor Anderson.
Mr. Drago requested Item 9 E be considered separately.
~` Discussion was held regarding Items 9 C and ID.
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Mr. Drago said Mr. Adams would be making a marketing presentation on
the Longwood Hamlet and once the design standards were done he would
make another presentation. He said this was a volunteer standard.
Lamy Adams; ACI, said he lives in Winter Park,, but his first. home he
purchased was in Longwood. He said developers would like to see more
definition, but they also wanted flexibility. He referenced Item 2 and said
under Section 2 was where the graphic guidelines and specifics came in as
to a certain type of land-use ,mix and the character and quality. He stated
this was striving to be the next generations' identity. He said they have
been involved with other -cities design standards and they think the
connectivity, for the future, was tied to realities of what people would
demand, and affordable housing. He stated Longwood's biggest challenge
was to create its own 'identity i_n a competitive metropolis.
Commissioner Holt said they needed to think outside the box and think
about the future.
Con~unissioner Bundy stressed the importance of having. an economic
study done.
Deputy Mayor Anderson said this was an investment in the City. He stated
it was encouraging to hear people comment on the improvements in the
City and this continues that improvement.
Mr. Drago said he discussed the Escrow Agreement with the City
Attorney earlier in the day. He discussed Sections. 5 and 7. He said the last
sentence in Section 7 contradicts itself relative to Section 5 and
recommended it be stricken from the Agreement when approving it.
Conullissioner Bundy moved to amend the Consent Agenda
motion by eliminating the .last sentence in Section 7 of Item 9 E.
Seconded by Commissioner Holt and carried by a unanimous roll
call vote.
Main motion carried by a unanimous roll call vote.
10. PUBLIC HEARINGS.
A. The Community Development Division of the Community .Services
Department recommends the City Commission read by title only and
approve or deny Ordinance No. 06-1793 to amend (LDCA 01-06) the
Historic District Codebook.
Mr. Taylor announced having proof of publication for this and all. public
hearings on the agenda. He then read. Ordinance No. 06-1793 by title only.
Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
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~ Commissioner Holt moved to close the public hearing. Seconded
by Commissioner Sackrtt and carried by a unanimous voice vote.
Mr. Miller said staff had incorporated all the recommended revisions into
the Historic District. Code Book;.
Commissioner Sackett moved to approve Ordinance No. 06-1793
amending (LDCA 01-06) the Historic District Code Book.
Seconded by Commissioner Holt and carried by a unanmous roll
call vote.
B. ~ The Community Development Division of the Community Services
Department recommends the City Commission. read by title only, set
June 19, 2006 as the second Public Hearing date, and approve the first
reading of Ordinance No. 06-:1803 for a Small Scale Comprehensive
Plan Future Land Use Map Amendment (SP_A 04-06) from County
Commercial to City General Commercial (GC) for the property
located at 1449 North County Road 427.
Mayor Maingot announced this was aquasi-judicial hearing.
Mr. Taylor read Ordinance No. 06-1803 by title only.
~' Mayor Maingot opened the public hearing. No one spoke in favor or in
opposition to the Ordinance.
Commissioner Sackett moved to close the public hearing.
Seconded by Commissioner Holt. and carried by a unanimous voice
vote.
Deputy Mayor Anderso~i moved~to approve the first reading of
Ordinance 06-1803 and set Jurie 19, 2006 as the second public
hearing date. Seconded ~by Commissioner Holt and carried by a
unanimous roll call vote.
C. The Community Development Division of the Community Services
Department recommends the City Commission read by title only, set
June 19, 2006 as the second Public Hearing date, and approve the first
reading of Ordinance No. 06-1804 for a Small Scale Comprehensive
Plan .Future Land Use Map Amendment (SPA 05-06) from County
Commercial to City General Commercial (GC) for the property
located at 1455 North County Road 427.
Mayor Maingot arulouneed this was a quasi judicial hearing.
~ Mr.. Taylor read Ordinance No. 06-1804 by title only.
Commissioner Holt left th.e meeting at 8':54 p..m. and returned at 8:55 p.m.
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Mayor Maingot opened the public hearing. No one spoke in favor or in u
opposition to the Ordinance.
Commissioner Holt moved to close the public hearing.. Seconded
by Commissioner Sackett and carried by a unanimous voice vote.
Commissioner Holt moved to approve the first reading of
Ordinance No. 06-1804 and set June 19, 2006 as the second public
hearing date. Seconded by Commissioner Sackett and carried by a
unanimous roll call vote.
D. City Attorneyrecommends the City Commission read by title only
and adopt Ordinance.No. 06-1805 amending. Chapter 58, Planning
and Special Uses and. Events, Article IV Temporary Uses, Section 58-
193, Issuance of Temporary Use Permits.
Mr. Taylor read Ordinance No. 06-_1805 by title only..
Mayor Maingot opened the public hearing. No one spoke. in favor or in
opposition to the Ordinance.
Commissioner Holt moved to close the public hearing. Seconded _
by Commissioner Sackett and carried by a unanimous voice vote. ~(
~j
Commissioner Holt moved to adopt Ordinance No. 06-1805, as I
presented,. Item 10 D. Seconded by Commissioner Sackett.
Commissioner Bundy referenced Page 2, Item 15, and said he agreed if it
does have a building on the property it must be an ongoing business, but if.
there is a church or some group that wanted to have an event and met with
the criteria for parking and everything, they would be prohibited.. He
inquired if there was a reason for excluding vacant property.
Mr. Taylor said that. could be removed. He said there could be some
unintended consequences such as a Christmas tree lot.
Discussion ensued.
Mr. Taylor said he could rework the language and perhaps it should be
-tabled to the next meeting.
Commissioner Sackett moved to table to the next meeting.
Seconded by Commissioner Holt acid carried by a unanimous voice
vote. '
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~ 11. REGULAR BUSINESS.
A. City Clerk recommends the City Commission schedule Wednesday,
September 6 and Monday, September 18, 2006 as regular City
Commission meeting dates a~zd public hearing dates for the adoption
of the FY 2006/2007 Budget.
Commissioner Holt mowed to schedule Wednesday, September 6
and.Monday, September 18, 2006 as regular City Commission
meeting dates and. public hearing dates for the adoption of the FY
2006/2007 Budget. Seconded by Conunissioner Bundy and carried
by a unanimous roll cala vote. .
B. The Community Development Division of the Community Services
Department recommends the City Commission discuss the
construction of a new commercial building at 1705 North County
Road 427 and give staff direction the Commission deems appropriate.
Mr. Miller said at the last meeting the Comizlission requested the City
Administrator have staff prepare a time line. He said this information was
placed in the agenda packet for this meeting. He stated the issue that
remains is in regards to the areas to be stucco and how to proceed.
James Hattawav, Esquire, said they did not receive notice of the meeting.
~' He said staff had referred to a timeline and it would. be difficult to
comment on something they had not seen. He stated there were three
issues that needed to betaken into account. First was the basic
jurisdictional argument. Second was the plain reading of the LDC that
states facade in the singular wruch is a very specific architectural term.
Finally, there is the .issue they have with City staff regarding stucco. He
said there was an agreement made and they were now requiring beyond
the terms of the agreement. He requested not going any further on this
issue.
Mr. Taylor stated that going over tlus was an accommodation to Mr.
Hattaway and he was made aware and noticed at the last meeting this
would be discussed at this meeting. As far as his not receiving th.e
timeline, he could not address why they did not receive this information.
He said before going. further, the Commission should determine whether
to give him additional time.
Mr. J. Hattawav requested additional time.
Commissioner Sackett moved to defer Item 11 B to the next
meeting. Seconded by Deputy Mayor Anderson.
~~ ~ Mike Hattawav said he has been requesting to meet with the City
Administrator for over three weeks and he has not received any
' correspondence from him.
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Mr. Drago said this was taken out of his hands when they decided to
address the Commission on the issue.
Mr. Miller affirmed he just handed Mr. Hattaway a copy of the
information.
Mr. J. Hattaway pointed out the correspondence trail did not include
various copies of letters he had sent to the City staff and the City Attorney.
He inquired if the Commission would like to receive. copies of his letters.
Mayor Maingot advised him to give these copies to the City Clerk.
Motion carried by a unanimous. roll call vote.
C. The. Community Development Division of the. Community Services
Department recommends the City Commission approve the Final Plat
for the Wildmere. West Replat (SD 02-06) lying between Wildmere
Avenue. and Overstreet Avenue west of Oleander Street, in order to
establish nine (9) conforming lots within a Low Density Residential
(LDR) land use district.
Mr. Sizemore advised tlus was the final plat document for the Wildmere
West subdivision. He said this. had been through the preliminary plat ~
process, the site plan process, and~during the Consent Agenda the
Commission approved an escrow for the infrastructure associated with the
project. He advised this has been through the City's review process and
the City's reviewing surveyor has approved it for technical sufficiency and.
compliance with Chapter 177 Florida Statutes..
Commissioner Sackett moved to approve the final plat for the
Wildmere West Replat (SD 02-06), as presented, Regular Item l 1
C. Seconded by Deputy Mayor Anderson and carried by a
unanimous roll call vote.
12. CITY ATTORNEY'S REPORT. Mr: Taylor .gave an update concerning the
Sanlando Utilities matter that is before the Public Service Commission. He stated
'this was the issue regarding moving .forward with claiming the, service area. He
said he received faxed documents on last. Monday, one being a statement from the
Public Service Commission stating they weren't. going to decide whether the City
had contractual rights to this territory. They also sent some staff recommendations
that stated they did not think the City of Longwood was capable of serving this
additional area and evidentially based this on some minor problems the City had
with its water treatment facility.
Mr. Taylor said he asked a few months ago about obtaining some co-counsel and
Grey Robinson were mentioned. He stated they have a Tallahassee office and was
well connected. He contacted Chip Morrison, Lead Counsel with the League of
Cities, and he gave him a name of someone in Tallahassee and mentioned there
CC 06-OS-06/140
~ was only a hand full of people in the entire State that would be of asiy assistance
in this. He recommended Tom Cloud who has a wealth of technical laiowledge as
well as having a firm in Tallahassee. I-3:e said he met last Tuesday with Mr. Cloud
as well as speaking with Jennifer Brubaker who is the counsel for the Public
Service Convnission. He said Ms. Brubaker stated, based upon the ruling that the
were not going to consider the contracl:ual rights and the staff's findings
concei-~ung the water treatment .facility, t11e chances of winsung this hearing were
slim to none. He stated Mr. Cloud said, before this is carried forward giving the
Public Service. Commission the opportunity to say something that could hurt the
case, to withdraw the objection and file a lawsuit to enforce the contract in court.
He advised Mr. Cloud he would need to obtain permission from the City
Commission to initiate any litigation. He advised the City needs to evaluate and
make sure theywant to proceed with taking over these four subdivisions if
wiruung the lawsuit. He said the :2000 study estimated the cost just to convert over
was $1.3 million dollars. He advised looking. at the dollar figure and
recommended looking at how much profit would. be generated on operating the
water and sewer in these areas a1~.d how long it would take. to recoup the
investment.
Discussion ensued.
Mr. Drago suggested the Commission array desire to discuss this further at the
Work Session on the 10~'.
It was the consensus of the City Commission to include this as part of the Work
Session.
13. CITY CLERK'S REPORT.
A. Reschedule or cancel the July 3, 2006 Regular Commission Meeting.
Ms. Mirusreported canceling the July 3rd Commission meeting would not
conflict with the budget calend~~r. She requested the Commission either
cancel or reschedule the July 3r'i meeting.
Commission Bundy mowed to cancel the July 3rd Regular
Commission meeting. Seconded by Comnussioner Holt and cas-ried
by a unanimous roll call vote.
14. ADJOURN. Mayor Maingot adj ours
Attest:
i ± ~.
~- ~ ~.~
Sarah M..Mirus, CMC
City Clerk
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