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CCMtg08-04-03MinIANGWOOD CITY COMMISSION Longwood Ciry Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES AUGUST 4, 2003 7:00 P.~7. Present. Mavar Dan Anderson Deputy Mayor Steve Miller Commissioner ButeA Runav commis:loner caul Lovesnana Com:vissiafer John G Maingof Rnss MCLarchcy, Interim City Attorvey John J. Drago, City Administrator same M. MUare., ctv aerk Tom Smith, Division Manager of Streets/Fleet Curoi lingers, Interim Finance Director Ricbnrd KornMUh, Division Mm:nger of Utilities Jay Sargent, Division Mannger of Plvnning Tom.Iaekson, Cbietof Pollee John Bock, Director of Comm:mity Serr~icrs Absent: Rlehura 5."1'aylar, Jr., CiM1'.4fton:ey'(E~c:uetl) 1. C.ALl. TO ORDER. Mayor Anderson eellednregnler meedng to order at'/:03 p.m. 3. Amoment of SILENT M1IEDITATION wvs FOLLOWED DY TI{F. PLEDGE OF AI.LEGIANCB. J. COMMUNITY ANNOUNCEMENTS. Tho lollowingvmouneemGrls Wade: Gera i 41tlr:n Grnss Piekin'will ba h ~a oo August I6, 2903 from 6:00 p.m. un1i110:00 R:v., Lnngv~vod Commnnin~ Rnllding, zo9 west warren A,'enne. B. Nntionnl Nighl Out-Condylana rnrk, 599 LOngtlale Ar'enue, Tues~dal', Avgnst 5, 2003, 6:00 p.n:. 4. RECOGNITIONS. A. Dirhic[NI Prerenrarion of lbe 6o.riness Person o[the Monll: Award for August :003 to George McKenzie o[ Kanrron eolaa:gs, mcatee at m Ramgb clam. CC Og~04-03/536 Commissioner Maingot presented the Business Person of the Month awvrd to George McKenzie of Kamron Holdings,Inc. Ha afan cr pert and no omber ofthet ring board of DireGOrs for Parodies GiRS, lnc. Mr. McKeni c's niry invelvemeot includas: Vice President of the Longwood Plan on HOn ers A6a0 n, Vice Chnir tofine most m Charter Advisory Cotnmi4ee, and is curret tly serving as Vice Chvirman on theoity's Lend Planning Agcn<y. He nlso as Vice Chnirm nthe l3oaN of Dire ra for the Choices 6n Lea ring Chatter Scl ool. Pictures were then taken. D. Proclaiming the Augttsf 24'" Dtra August 30"' I.ongrrood Fire Fighter:lpprecfatioo N'eek. Mayor Anders reatl the proclamation and presented the proclamation to Ms. Sara McTigue with the Muscular Dystrophy Associahon. Ms. McTigue theN:ed tha City Commission cn bebvlfof the Muscular Dystrophy ASSOCIahon for the proclamation. C. Namtna0ons-Annual Key fo the Gih~Award. Commissioner Manignt nomhiated Manuel A. Toro and rcatl e brief biogephy on Mr Toro. Nomination carried by a unanimous 5. BOARD APPOIN'CMENTS. A. District#2N'onrlnatioo to the BOartl of Atljuslment. Mvyor Anderson deferred his appointment. R. Dist cf q4 Nominntiun to the Parks and Recreation Advison~ Ro:vd. Commissioner Randy deferred his appointment. C. Distrlet #1 Nominariuu fo the Roard of Adjustment. Commissioner Meingat deferred his eppoinhnent. e. rum.tc rrvro'r. A. rtmRe vnmapmmn. Chas er Litten, 319 Heerher Avenue, stated he was in nnendanev of tonight's me ring w hear the discussmt on the pmblain. CC 06-0403/53'/ h~dr~ts~~y Isor,, eao ranaings elace, stares ne was p~as~n at last monm~s meeting avd spoke regarding the Flooding that oowrred in tlighlm~d }/ills. hle said reeeuuly there was some flooding, end there are a lot ofnervous homeowners He cameto tonight's meeting m ask for help in order to get this Droblem solved. Kevui Lees, 329 Loch almond Avenue, agreed that (here is a problem iv that area and sees nothing being done He stated both his avd his neighboe'e backyards arc Oooded, avd something needs w be done T m Ortanee, 902!vleClintock SUeoh addreesut the hooding issue and heard they h vea represemative from ttigh(m~d Hi[!s Subdivision that speaks on ~h~behalf of the neighbors to the city. Hesmted H(gJilavd H/lls does not h e HOA and the subdivision dou not have a representative C r the Noy- owners to the veighbornood. jc' 53t Grenada Wey, expressed diseppointmevt and stated he ....eht when he beard the decision regarding PE. He expressed em bemuse thus is not v Iot of reaoume if the city.vigns the wntmct. He said he understood there was a series oCdisoussions and votes on the subject matter, and gave examples of time and days that his home was without power. Hethcn desuibed the leak efcustonror service which he had received fiom PE; and asked that the City Commission rewwider or dismss the matter. Raloh Fockler, 330 Hoather Avenue, stated that he live directly across hour the pond iu Htgltlmtd Hifls. Hewanmd to inform the Commission that they had one of those rains that occurs only oneeavery 2U yeazs, vnd believed dris was the third one dria your. Hassid thecity has tried mice to improve the drainage and theonly thing they have succeeded in doing is in dunvping mare and more watu~ into a pond that is not capable of holding the water. Aov Bow er, ~8l Q~estbrooL Loop, said he is concerned with the mmediate on taken to resolve the Flooding. Hegaverewmmand- s oPhow ro eesolve the flooding end asked when Ne city could start eddrusing these problems Csrol Edwards, l46 Tanxn Shee4 refeuved to the piomre shebanded out and said she wus fed ap with the hooding problem. She stated she could not get out of her driveway and hu home. She said she could only get oul of her front door srd mould not go mare bran two feet before she was kneehigh in water end if she went any farther, it was up to her waist. She said no only is er, but Hells liken .vage She said whw the is gone, a mess is left behind, and stated this issue viceds to be addressed. CC O8-0a-031>38 Bill Movers 328 Heather Avetme, spoke in teguds a the Flooding and said the pipe is sticking out of his yard and Iloating. He said the pipe was anchored properly and never installed properly, He said when the s up into the s[reeh the sewage also comes up with all ire pollutants.eHe stated something needs to be done, seriously, and quick~v. Ronee Kirw n, 323 Hevlher AvGtue, reiterated the problwn wncetning flooding, and staled hea'pool was flooded end the lest rein storm mmed her pool black She said usually thn flooding will go away nRer dte rain mt, bnt now it is not going away. She asked when was the Flooding problem going m be taken nun of, so abe could have her pool oleaned. ]. CITY ADMINISTRATOR^S REPORT. Nn report. 8. MAS'OR AND COMMISSIONERS' REPORT. D{etrie[N3. Deputy Mayor MillernateU he had read Agenda item llD and said this issue has happened before in several locations in thecity. Ida said the City Commission had to take frm eodon in each case and to tmmeaiately aueviate ore problem. papery Mayor Millor moved for a cot>sensus to have Agenda Rem 11 D moved before [he Consent Agmtda. Seconded by Commissioner Loveslrand and carried by a Depnty Mayor Miller nosed [Here was nos a lot of infonvetion in Ageado Ham 1 I D. xe said when we imm is aiseusaaq ne aoee nos wane m apme any expense to get the problem solved immediately. Disfrin[N4. No rtport. Dirtrie[#5. Coinmiseioner LoveaVmtd said he Itad received a Pew phone calls regarding dta Iloodiug issue vnd this problem needs to boteken case of quickly. Ois[rictkl. Commissioner Maingot thanked everyone in auendanee of the Commisaion meeting drat was from The Londingx and the Highland Ni[Is Subdivisions. He acid they will wimese the Commission in action and can ~e them that tba Commission will move forwari expeditiously and willhmdlo thls matter very golokly. He said he vodatstands.vhat the residmnrtn have oxperienoed bccattse he Iran been out there with Tom Smith end his crew. Commissioner Maingot said cn ]uly 30'" be attended the ground breaking of United Heritage Bnnk located on East Slate Road 434. Commissionea~ Maingot said on the evening of laly 30'" the city received a rain end commended the City Administrator for working after hours and CC 08-04-03/539 ving all the phon cellr tbal came in and delegating the eppeopeie on through Mr. Smith end his crew. He Men wmmwded Mr. Smith evd his Drew for doing a job wall done. Commissioner Meingot said at the last Commission meeting Merewas a Indy that mentioneU the 1251h anntrersary oP[he City of Longurood- Commissiover Meivgo(moved foe a consensus to ask the City Administrator to see what can be done to prepare for Me 125°ie eaaryofihe City of Lovgwood. Deputy Mayor Miller seconded [he motion and cameU by a District N2. Mayor Andetmn eaiA leaf week he attended nvo separste clings and one ofthose maeaings was facilitated by Me Si lobo's Water Managem nt Diet ling the water issues in Seminole Covnry.He voted the city had beanoawarded the Consumphve Use Pettnit for Me neat evty years. {{e said the county had identified that in the Future, u~e will be r ning short on water, and the city noels to look ahead and.vee what veedsmbe dove. He said heapprecinted the proaolive approach in looking ahead and dealing with this water Issue now rather than rwiting and ledivg it get htto the scone state as the trevsportation. He said shtoe there.vill be several cities that will have running water defeats, the county is going ro address this issue os a county; identify what the needs ere, whet 0 of the solutions could be, and what commitments will be asked o[ each party_ Ae said dte City of Longvood needs to be part of Me solution, defivn how the city can participate, and what should be the city's pmper role ns the city is not growing and not ganeroting demands [Drwater. Mayor Anderson said the city is being asked w contribute to the Lynx Pnratransit Fuvdivg end voted the requested oontribvtiotr bed gove up significantly for ihie year. He call under State law, ttre wuvty nos [he authority to Ievy an additional gas tax. and this tax .vonld fund L~mx and Dull take the burden offindividuol cities m make Ihosc contribvtionu He noted dse city is going to be asked on to Lund this evd will also be asked to pans a revolution aupponing the nounty to pursue the additional revenue to f nd Lynx. Mayor Ntderson thanked the Public Works De{rertment in dealing with the flooding issues. Mayor Anderson eonvnended the Police Depart and noted the levw fi~om the.4nomey Generel thanking Inc Police Depnartmenr for their cooperation trod good work in resolving the case with the murder. Mayor Avdeesov wmmended the Publio Works evd Police DepMmevis for doing sef ywork when power lines and trees have been dower CC O8-04-03/540 The Cmnntission wnsidwed Agenda item I1 D at this time end the information is written in norntnl sequanw. 9. CONSENT ACBNDA. A. Approve Minutes o[July ], 2003 Reguivr Meeting and July 18, 2003 Regular Meeting. R. Flvn ee Division of the Financial Services Department vratds payment of approved and estimated bills for Ang st 2003. C. The Engineering Division of the Community Services Department recommends the City Commission approve an n the mml amount of Ptmcbese Order No. 01004'1 to Central Florida Emdranmeutah Cm~p. from Me original $19,991.(1 to 53fi,032.913. n. The Engineering Division otthe Commmiry Services Deparnnen[ recommends the Citp Commission approve an v the total amount of Purcimse Order No. 009498 to Berrym n & Henignr from the original 6]5,44].00 fo $100,155.00. F.. The Engine irtg Division o[the Community SerYees Department recommends the City Commission nward Bid d f5-03 for the Test Palmetto Street Improvements project tv Prime Construction Group, (nc in the amount of 5641,66].00 and authorize the Mayor to sign the contract. Deputy Mayor Miller movN !o approve the Consent Agenda as submitted Sewnded by Cainmissioner Bundy. Ms. Mijares pointed out (hat there was a correction to the July 21, 2003 Minutes- The corrnotimi was under AgGida Item t 1 D and the motion should read: "Commissivnu Mningot moved to approve Ordinance Ne. 03-1665 en the fist rending and sw August 4, 2003 as the public henifng. Seconded by Deputy Mayor Miller end carcied by four to ono roll call vote with Commissioner Lovesvand voting nay;' Deputy Mnyor Millis amended his motion and carried by a unanimous roll call vote. lo. PUBLIC HEARINGS. A. The Planning Division of the Department of Commnnity Servicea recommends the Ciry~ Commiav'ion reatl by title only and atlopt Ordnance Nv. OJ-16501'or a Small Scale Comprehertsrve Pinv Numre Lvod Use Map Amentlment (SPA CC 08-09~03/64t os-hz> nom county eonrnrarcial ro city cenerai enmmercial (f CU [or the property loeatetl at I IOI Oak Lane. Mr McLatchey said he had proof of pnblicntion for this and all public hearings lieted on rho agenda. HereadOtdinanceNO.03- I6i0 bYtitle only. MeyorAndvrson announced Agenda Iten'ts 10 A-N aro yuasi- judicialhearivKS. Hesaid if there is anyone who wishes to speak in faun t oppos n they would need to come fonzrd and he sworn in by the City Atmmey. Mayor Anderson opmted the publio beerivg. No ono spoke in favor or to opposition. Deputy Mayor Miller moved to close the public bearing, Sewnded by Comminioner Maingot and tamed by e Commissioner Mainggt moved to adopt Ordinance Nv. 03~ 1650 as presented Itwn l0 A. Seconded by Deputy Mayor Miller end certied by a unvnimous rol l call vote 6. The Planning Divivion of the Department of Community Sen~ices recommutds the Ciry~ Commission read by title only and adopt Ordinance ho. 03-1634 for a Small S<alc Comprehensive Plao Pnh~re Lnnd Usc hinp Amendment (SPA 06-p1) from CouvN Commercial to City Geveral Commerdal for Hte Prnperry located at 1004 S. W.S. liigbway 11192. Mr. McLatchey reed Ordinance No. 03-1634 by title only. Mayor Anderson opeated the publio bearing. No one spoke in favor or in opposition. C mmissioner Maingot moved to close the pvbhc hearing. Seconded by Deputy Mayor Minor and carried by a Deputy Mayor Miller moved to adopt Urdisence No.03- 1634. Secondul by Commissimner Maivgot evd cartied by a unemmous roll wll vote C. She Planning Dir'isiao of the Department of Cnmmuaify Sen uttls the City Commission read by title only and adopt Ordinance NO.03-1651 for a Small Scale Cmnprebensive Plan Pbtnre Land Use Map Amendment (SPA C(: 08-04-031542 09-02) from Couvry Low Density Residential to Giry Low Density Residentinl for the property loeated at I I I2 Oak Laue. Mr. McLawhey read Ordinance No, 03-165 i by brie duty. Mayor Anderson opened the public heazivg. No one spoke in favor or in opPosirion. Conmrissioner Meingot moved to close the public hea ing. Sewndod by Deputy Mayor Miller and carried by a Commissionu Maivgot moved to adopt Ordinance No. 03- 1651 as presented Ilwn IOC 8ecandad by Deputy Mayor Miller and eartied by a unanimous roll call vole D. The Plnnning Division o[tpe Depar ent of COimnuni[y Ser entls Rte City COmmtsslon rend by title only and adopteOrrlrnnnce No. 03-1652 for a Smnll Scale Comprehensive Pian Future Lnutl Use Map Amendment (SPA 08-02) item County industrial to Cip~ Indosfrinl far the prnperry maatea al n4o S. eR az9. Mr. McLarcdey read Ordinance No. 03-1652 by ~irle only. Mayor Anderson opened sire public hearing. No one spoke in favor or i i opposinon. Commissioner Meingot moved to close Ne public hearing. Seconded by Depur Mayor Miller and carried by a Commissioner Ylningot moved ro adopr Ordinance No. 03- 1652 as presented Item 10 D. Seconded by Deputy Mayor Miller end envied by a wanimous roll call vole. F 'Phe Planning Division of tare Oepartmeu[of Community 8erviees recommends the City Commission read by tine only nntl atlopt Ordinance No. 03-1651 for a Small Scale Comprehensive Plvn Future Laud Use Map Amendment (SPA 01-03) front Cavury Law Density Residential to Ciry Lu.v Density Residentinl [or the properry~ located at 1090 Talmo Street. Mr. Mclarchey read Ordinance No. 03-1653 Oy ride only. Mayor Nrduson opened the public hearing. No one spoke in favor or ~ r opposition. CC 08-04-03/543 Como er Maingot ved wclose the public herring. Seconded by Deputy Mayor Miller vnd coaled by a Corr er Mvingot ved to adopt Ordinv ceNo.03~ 1653 vsapresented Item I O F. Seconded by Deputy Mayor Miller and carried by a mianimous roll call vote, F. The Planning Division of lhn Dcpnrlment of Cnmmuuity Services recommends the C.iry Commission read by title only and adopt Ordinance No. 03-I(S4 for e Small Scale Cvmprehenviv~e Plvn Future G rid Use Map Amendment (SPA 02-03) from Coanry Commercial m City General Commercial for the property located m 14905. US Itighx'ay 1]/93. Mr McLviehey read Ordinvnne No. 03-1654 by title only. Mayor Anderson opened the public lrevring. No ono spoke in favor or in opposi~ion. Commissioner Mvingol moved to close the public hearing SecondW by Deputy Mayor Miilcr and carried by a Commissioner Maingot moved to vdopt Ordinance No. 03- 1654 vs presenied hem IO f. Seconded by Comntissiovcr Lovesirmd vnd tamed by a unanimous roll call vote. C. The Planning Division of the Department o[Commnnin~ ser ends a~n ein~enmmb.inn road by aae only m~u adopteoraman~. No. o3-I6S5 mra small stole Comprehensive 1'Im~ Future Land Use Map Amendment (SPA 0}03) from Comity h~dnstrivl to Cin-Indusfrial for tl~e propnrp' Ivcvtul vt 210 North Sirccl. Mr- McLatchey read Ordinance NO.03-1655 by title oNy. Mvyor Anderson opened the public hearing. No ono spoke io favor or in opposition Commissioner Lovesttevd moved ~o close ihepublic hearing Seconded by Lbmmissioner Maingot and tamed by a unanimous voice onto. Deputy Mayor Miller moved ~o adopt Ordinance Na 03~ 1655. Seconded by Cammissimrer Mvingol vnd taxied by e unanimous roll call vole CC 08-Oi-03/544 It. The Planning Division of the Department of Community 9erviees recmnmeodv the City Commission read by title only and adopt Ordinance No. 03-1656 for a Smali Scale Comprehensive Plan Future Land Use Map Amm:tlment (SPA 04-03) tram County industrial to City ludnstrial [or Ne property orated at 250 Nortlr Street. Mr. Metatchcy rod Ordinance No. 03-1656 by tiJeonly. Mayor Andersen: opened Jre public hearing. No one spoke in favor or in opposition. Commissioner Maingot moved to close the public hearing. Seconded by Depmy Mayor Mitler and cartied by a Coen er Maingot vedtoadoptOrdinanceNO.03- 16S6nasspresented Item I O H. Seconded by Deputy Mvyor Mitler and earned by a unanimous roll call vote. I. The Planning Divisino oftheDepnrtmenlofCOmmm~ip- Services ren:mmennds tlm City Commission read by title only anJ adapt ordmanne Nn. o3-1650 ror a s:nan sr:de Comprehensive Plan Future LanJ Use Map AmenJment (SPA 0&03) from Gmnty lntlosiriui to CiN Industrial [or the property locate) of 240 Norrh Street. Mr. MaLatchey read Ordinance No. 03-165] by IiJc only. Mayor Anderson opmetl the public hearing No one spoke in favor or in opposition. Coin er Maingot cued to close the public heeciug. Seconded by Degsuty Moyor Miller end carried by a Conn er Maingot oved[oedoptONinaceNo.03- I65'1 nespresemed item 10 L Seconded by Deputy Mayor Miller:md earned by a unanimous roll call vote. J. The Planning Division of the Deportment of Community Sendces recommends the City Commlesiou read by title only rind adapt Ordinance No. 03-t fi58 for a Small genie Comprehensive Pian Future Lontl Use Mnp AmenJment (SPA 09-03)frnm County industrial to Ciry~lvtlnsirial [or the property located at west side of CR 427 soa(h of Dog Track Roatl. CC 08-04-03/545 Mr- McLamhcy reed OrAinauee No. 07~ I6h8 by Title only. Meyor Anderson opmted tho public hearing. No one spoke in favor of m opPne Oon. Commissioner Mningot moved m close the public hearing Seconded by Deputy Mayor Miller end enrtied by a Depmy Meyor Miller moved m adopr Ordinance No.03- I6i8. Seconded by Comnrtssoner Mningot vnd eavied by x unanimous roll call vote. N. The Planning Divisiov of the Deportment ofCommuviry- Servicrs recommends the City Convnise'ion read by title only anA aUOpt Ordinance No.0}1659 far a Svwli Seale Comprebemvive Plnn Future Land Use Map Amendment (SPA 14-037 [ram Convry~ Industrial to Ciry Industrial tar the propertc located at 1020 and 992 Cft 42'1. Mr. Me[nmhuy read Ordinance No, 03-1 G59 by ti0e only. Mayor Andoramr opeved dte public hearing No one spoke in fuvoror in opposition. Commissioner Mningot moved m close the public hearing. Seconded by Dcpnty Meyor Miller and cnrzied bya Commissioner Maingol moved to adopt ONinan<e No. 03- I6>9 as Preserved Itun 10 K Seconded by Depmy Mayor Miller and carved by a unanimous roll call vore. L. l'he Planning Division o[ the Deportment a[ Commvvity Services recommends the City Commission read by tide only .antl adopt Ordinance No. 0]-1660 far a Small Srnle Comprehensive Plen Future LanU Une Mnp Amendment (SPA 1 S03) from Counrv Commercial to Cifv Generni Commercivl [or fbe property' located a['/38 N. US Dighrvny 1Z/9L Mr. Mclnmhey read Ordinance No. 03-1660 by tidp only. Mayor Andorson opened the publio hearing. No one spoke in favor or in oppontion. Commissionu Mningot moved to close the public hearing. Seconded by Depury Mayor Miller and carried by a unapt CC 08A4~03/54G Commissioner Maingot moved m adopt Ordinance No. 03- 1660 as presenteU Item 10 L Seconded by Commissiovnt~ Lovemrand and cnrtied by a nammous roll deli vote M. 1'he planning Division of the Department of Community Services recommends Hie Ciry Comsvission read by title only anU adopt Urdinanee No. 03-1661 for a Small SCnle Comprehensive Plan FuNre Lnnd Use Map Amendvtent (SPA 16-05) from County Commercial fa City General Commercial for the property located at 311 N. US Highrvay 1']192. Mr. McLawhvy reed Ordinance No. 03-1661 by lisle mdy. Mayor Anderson opened the public hearing No one spoke in favor or ~n opposition. Commissionu Maingot moved m closa the public heating. Seconded by Deputy Mayor Miller and canied Fy u Conmiusionu Bundy moved to adopt Ordinance No. 03- 1661. Seconded by Deputy Mayor Miller and carried bya unanimous roll call vote. N. The Planning Division of the Community Services Department ends the City Commission read by title only and adopt Order ceNO.02-1631 which nmentls the Housing F,lement (Section VIU of the dry'a Comprehensive Plan (CPA O1-02). Mr. Mcl.nlchey reed Ordinnnce No. 02163 t by title only, Meyar Anderson ope,ied the public hrzring No om spoke in favor or ~n opposnivn. Commissim~er Maingot moved to close ~hepubliv (searing. Seconded by Deputy Mayor Miller and carried by o Commissioner Maingot moved to adopt Ordinnnce No.02- 1631 as presenteU Item 10 N. Seconded by Deputy Mayor Mllu end carried by a unanimous roll call vole. O. Fire Division of [he Public Safety Department remmotentls the Citp Co~vmisslon read by title only and adopt Ordinnnce No. 03-1664 amvnUivg Section 2-163 of the City Code amending the ambulance fravspor[ tees. CC OR-00.03/54] Mr. Mcl,atchey reed Ordinance No.03-1664 by title only. Mayor Andarson opened the public hearing. No one spoke in favor or in opposition. Commissioner Maingot moved to dare the public hearing. Sewnded by Deputy Mayor Miller and tamed by v Commissioner Maingot moved io adapt Ordinance No. 03- 1664 as preserved Item 10 O. Sewnded by Deputy Mayor Miller and carved by a unanimous roll call vole. P. The Engineering Division o[the Communiry~Services Depvrrmeut recommends tM1e City Commission read by title only antl adopt Ordinance Nu. 03-I fi65 to reatlopt Chapter 24, Stornrwater Mvnagement, of the Longt'ood C1ty Code. Mr. McLatchey read Ordinonee No. 03~ IG65 by title only. Mayor Anderson opened the public hearing. No one spoke in r ~nr or in oppnshfnn. Deputy Mayor Miller movod to olose the public hearing Sewnded by Commissioner Muingot and enrtied by a Conu et'Mvingol movN to adopt Ortlinn ce No.03~ 1665 esspresented Imm 10 P. Seconded by Deputy Mayor Miller. Comnrissiones Lovesttund said in Wo interest of snving lime, he said Ire already hos given his objections to this item end noted they arc on the public record. Mo~ion curried by n Cour to one roll cal I vote rvi~h Commissioner Lovestrand voting nay. Q. Ciry~ Admr ends the Ciry Com 'sslon ea0 by title m~ly antllmlopt Ord Dance 03-lfibfi granting Eloridv Pmr'er Corporvtian v nvn~nclusive electric utiliry~ frvnchise. Mr. Molatchey read Ordinance No. 03~ 1666by title only. Mayor Anderson opened the public hearing. Nn one spoke in favor. The following indiridvvls spoke in opposition. CC OB-04-03/548 JoNme Rebello, 301 Loci Lomond Avenne, stated sic believed lie <ityw makingagav signing the agreement and hoped the Commission though very hard about this decision She said ev n though Ibis nsidered a Ganchise agree albs Ganchise fees slop, the city cannot buy it, artd [trough[ this shotdd ne find mgemer. Io~gl iS.~cE. Sl l GYeneda Way, said he had wished he had appeared before the Commissivv prior to this. He felt this was a svrovg decision by the Commission. Hesaid Ihis makes no sense homy busivess angle or 6om a feimvss angle Cor the peoplewho have to endure tie Inek ofservice in customer serisfvelion_ which he had experienced end addressed earlier. He asked tic Commission to eeconsider Ihis. Deputy Mayor Miller moved to close the public hearing. Seconded by Commissioner Maingot and eartied by e Deputy Mayor Miller moved to adapt Ordinance No. 03- 1666. Seaonded by Commissioner Lovestrvnd. Deputy Mayor Miller ranted he would like to make sure the Commission had a svlamn oath of lie two individuals from PE tint [ling in duo eudiesvee and dtey would lake care of Mr. Slackis problem, get wish him, vnd make mre his problem is hnvtlled. Commissoner Maingot said Mr Dmgn nod a photogrvph d,vt he requested w be placed mt the screen and stated he bad v question Jor the rHtresentatives of PC He said on Dovember 10, 2002, PE put a hold on dteopcretions center tbvt would be located in the City of Longwood. He asked f r clarification of whet PE's fumrc arc end how soon PE would be puuivg in this operations Mr. Billy Raley of PE responded saying Ire met with 0te Building Servicns Department today. They were reviowing lbe final drawings[or this building and will begin as soon as DOSSiile. He mid all iho preparation on tie Imt0 is complete and they have applied to the City of Altam to Springs fora extension ov their earzent tense until the building is completed. n Cot er Maingot Banked PB COr their pas s o[0 air stew operations facility and also thanked PE for (heir re for ibe gentleman who bas not expert cad consistent supply of power. He expressed coocem for the rest of the eotnmmiry when such things happen. and said he hu a big problem wi0r tin CC 08-04-03/549 Nm n,at Pe is a for-pmrt nrgani~~tinn ana o,at anv elemwta or guarantees of perfomteaee ere vonholled by the Puhlie Service Comm n. Hesaid he mould imagine what as going to happen ce Nu franchise agreement goes through. Hesaid ~~Ce more, if PE was sure that nothing was going to happen over the next 30 years that would intenupt the availebiliry o[ their Gevchise fees, then why didn't PE insert a parvgraph that Bays in an unlikely rt that we have de-regulation and/or legal and/or govenrmaltal opal which eliminates the obligation of PE wllechng Ne Gancltise f s, that at that point iv time they have the right to exercise their right to purchase. Hesaid it is Indicrous to think they azc going to give ne blanche agrees vhh vo strings attaeltod end they haveatn go through this enti~anpmcedure I0, 15, or 20 years dorvn the pike. He said down the rood the Commission is not going to have a leg to stand on in asking PE to collect those Gaachise fees. He said somothivg would come into play because the Commission has given away the people of the City of Longwood for PE to are their right of ways free of cost and to make millions ofdollars in prof is en the beaks oPthcir people and exltre~ed rhos is on- cceptable. He predicted by thin timenext yeas if the city does vot have consistG~cy of performance, then a lot of people around here re goingwhat to pay for that making the short circuit of going ahead molds Nis egreesnenh He stated he coald not contlove this and dte city needed Home clement of protmuon for the paople Como- er Eundy nateA Commissiover Meivgot brought up that thte service levels aren't uD to staudvrds and the people will be n uproar. fie said he did same checking and complained that PEsnceds better reliability. lio said in doing a public records attack at the Public ScrvceComn ve pros in Ne Chambers hvd f led a complaint iv sire fart Gve years with the Publie Seniee Como n. He stated he tisfed with PE's and svid he did no -ail ltiv self of Ne opportunity to mekcsa [onuvl anplain~ Hesaid the peoPlemoho elected vnd realecied Itim gave him the charge of investigvting ell of the issues and wining up with what he felt was in rho best interests of the city. Hesaid it easy 2r him to change his vote and it was difficult for him toelo. Hesaid when the Commission started cut with thir,be aced he didn't want the city to be in the electric Fvainess and said he hasn't changed on Net issue but didn't think it was in the city s best to do so. Hesaid at tiro pees a this is a deal that he cantlive with ana said this is where they should have been 2 Ya years ago. He said hcwas willing to bet thetalarge number or Longwood residmtts are not happy with the service evd that they t take shut lightly. lie stated he intended to vote for this agreemeo~ CC OeAY-o3/550 Deputy Mayor Miller said he voted yes and to seI Ne record freight regarding drregulalion, PP making millions of dollars on No baoksidos o[the citizens, avd not paying to usv Ne righ(o[- wvy, is e. Hesaid the far[ ned Ihut PP is of paying so ilen'ghteof-w and noithu any other bus in the City of Longwood. He said they ere not paying to use lire right-o(- way and PE Is imposing a lax shat the City Commission demands. tIe said every business in the city us s the right-of-way to Transport is produc aria some bus rubber, and fuel He said then oey'they would Wiakcsoff that system is e. He said hebalieved lhevote would be3 tn2 and believed that government nano tloes things any bmmr than private industry. Comt ar Love and stated that Comn or Maingot Toned that he tears the city only has dre Publ c Service Comm to go Io. Hes a[ed the people her onight that here aboutoNe storm water saw how government does things Wtlo said problems ere normal in a business and the airy is in lightning alley and when tltue is lightning, shore em going to be onlages no who takes eof the pow r. He said hew c That FP working to fix probienrs end said it is normal to have power outegee n this area. Mayor Anderson said he Itvd a majvrpmblenn voting for Ibis issuo- hlestated a phon call was made; and it took someone here Io respond to the gentleman's problem avd represcnulives saying dhey will nuke sure they will uka care of him. Hesaid the gentleman shouldn't nave to lake anion Tike coming Isere in oMer to get response. Hesaid Nis of the kintlofservice lhay cxpeel. He said as stheeily signs this agreen nothing that has seen saiU in the Iasi two years means anything, He said there is nothing Io hold ac<owlability artd he hoped with this being a new ompeny that things will be done differently. HesaiU they have no gvaramees and Ney were told they had not taken vdvanmge of the PSC. lie azked why should we complain to the PSC end why wuldn't he complain w FP az he has done ter lbe pest two years. Hesaid he did no expect to keep loosing power and in regards to reliability, there ere companies that do business in the same area Thal have far better records and better perfomunee. Fie said some ompanies focus their priorities on service rind reliahility, mtd that s what hewished u see foe our citizens and NeI is why ho pushed Io hold aaonnlability. He said there was xo much nmre titer could bo negotiated and said he Uidn't know wiry the Contmisstnn was eboosing to do nosiness Nis way Ile said the Commission's ~nmaa am moan rip aria ne has Io acv n,ia r rme reonra. cc og-od~odfssi enmmiaamner ¢nndy oats ne aian~t mange n{a mina necanae ne ~ as tired of the tight- He said he fought the fignl and had same good peopioworkingwiIii him and so re good ass e. He said he changed his vole because ne Ihinks it is right. He agreed wiln Deputy Mayor Milluthvl the Commission wva probably going to hav a3to2vote on this issue. He said each Commissioner has eached their own vole in their own ways. Hesvid et carious times each Commissionu ss~il fvvo the voters and if enough Ooople ngee willr theoy they will gat reeiewed. If enough voters disagree with thcm,iheo they will mntnem out of office. He said that is the way the system works, Commissioner MVingot avid ne could go on all eveninK. Hn dad PE to know that he is v Lighter and he will fignl them down tU the lest btenlh in terms of their ability to provide a proper level Uf serviceto UUr people iv the City o(Longsvood. Ha guaranteed tnet any lime ne would nave a problem, they would hevr about it and said that is now Ire was going to keep luau on track. He stated Ihvl they should, both, understvnd each other wrefvily vnd well; and let [he majonry rule this evening as Iona as our people are the fiwlsvinners in this entireproeeeding He said he did not believe verbal prainiscs. nut battened in mmmitmwit. He said nc believed in every day practicing what you Flrencn, whir per[armvnce. Motion Gamed by dtrec tU two roll oat l vote widr Mvyor Anderson and Commissioner Maingol voting nay. Commissioner Bundy asked Wal it be noted in the record Nvt ne was not the ss ping vote this nmc Deputy Mvyor Miller svgs Il. RN;GUI.AR DUSIIYPSS. A. City Admivinrntor recommends roe City COmmiszion approve a Settlement Agre menf belw~een fne Cify and Progrn'r [nergy. Deputy Mayor Miller moved 4r accept and adopt the Setaemenl Aged enl between the Cily end Progress Eoergy.5ecovded by Can er Lovestrand and artied by a drtee to two roll ~cvll vote with Mayor Anderson and Commissioner Maingol voting nay. D. Cip~ Adminisamor rewmmwWa the City Commission read np utln nmy, sal Angnat le, zaps as aye vnmin Dearing dote, aim approve the first rending of Ordinance U1166] proposing ao endmeot to the City Charter abolishing the Punlic Safety Department and Director Uf Pnblir Safeh~ pos~noo. CC 08-0h-03/552 Mr. McCartney read Ordinance No. 03-166"1 by titleonly. DepvtY Mayor Miller moved approve Ordinvnce No. 03 166'! at brat reeding and sot August I& 2003 ns the Public Bearing date. Seconded by Commissioner 6mndy and tamed by a unemmous roll ovil vote Commissioner Meingot moved to extend Ne meeting for en eddirimtal l0 minutes. Seconded by Commissioner Bondy and carried by a unvnimovs voice vote. C. City Administrator recommends the City Commission read by title only, set August ]8, 2003 as a Public hearing date, and npprove the first reading of Ordinnnce 03-Ifi6g estnblishivg a Solid waste and Recycling Collection Services Contrver with waste Pro. Mr. McLarchey read Ordinance No. 03-16Gg by title only. Mr. Dingo inundated the board item and said the convect was a culmination of the proposal that was sent om iv six eompvnies. Iha said vt ung, Ne Com indicarod somo dtings Nay hndw nted ircluded in that t~oHenored the following items wmeainaluded in the nonrracinthe MSPP, rho evn pmgran and other my he thought wue nawssary ro keep the conlmctor porfonninge He aaid the eonuam is very wmptehensive and gives the contractor the opportunity to perform and it has enough snfcgunrds in Nere ro mll him on the carpet ifhe doesti t pert'om[. Deputy Mayor Miller moved ro approve Urdinanw No.03- 1668 at first reading and set August 18, 2003 as tltc Public Hearing date. Seconded by Commissioner Bandy. Commissionu Meingot commended the Administrator for puning togethera 6vo dawment. Be had one question dealing with [issed wlleclious on Page 12. Item 4.2. He recvlled it was stared chore would be a route supervisor who follows the pink-up schedtdet omplete seiwork. He saidvsuperv sitonid be able to seewheregarbagebad been missed and it should be dealt with before having ro wait for 24 hours, especially scoot [here is no pink-up on Saturday. Hesaid this is going to crontev problem for somo people and asked if this could bo uddrassod Mr. Orngo said ire wnnaotor is humon and would mnku n mistake while. He said Nec or has mpmvidea repros vc thin is gonlifed and in ehaego oftheopontion Hesnid then ne 6rward and said he could provide this serviac lie thmt poivlod out paucity provisions on Pvges 14, I5, and I6 vnd CC 08-04-03/553 said if the contractor missed acollection avd doesn't respond within 24 hours, he gets penalized. Com er Maingot asked what is going to happen if the contractor misses a collection on a friday_ Mayor Anderson stated the wntraaor would pick up the collection on Monday. Mr. Dago said the Commission knew it was alive-day work week. He understands the contractor enuld missacollection once i awhile end would avaume there is an emergency call out where would pick-np the collection He said in all ins gei'oage as he reviewed, there were so many provisions in the ro prevent the comraaor aom Joins wrong mat made a difficult for him w do right. He designed the contract for the tnmmaer m an rignt. aaat~mms mat he is sours ro perterm. Mayor Anderson said be had rea4 through the entire contract and appreciated that etlmt it had taken. Hesaid thec et holds wards Por doing things right. tie said theeenaactor base mendous incemive m perform because they can hold onto the business- He said if tha city tries to ratchet it down teo much, then the oonmavtor can't do the job. Com er Dundy said this a good w and it t up t'or thec ead_ Ile said the Com on didsno makei and it gives the contractor Flexibility steed. He said Com ar Maio and him bashTnl about letting someonelkvow when~hey had failede Hesaid that`s what they did wish the old company end if the new company doesn't live up to their expectations, they would do the same thing. Mr. Drago said he had put copy ofthe Flyer that will be sevt out n then er bill so the residents are informed in advance about the c ttaprogram. Motion carried by a unanimous roll call vote. D. "the Engineering Division of the Cammuniry tiervi<es Department recommends the Ciry Commission consider a proposed course of action to alleviflte preble~ns associated with the Highland Hills retention pond. Mr_ Dmgo introduced the board item and asked Mr. Brock m give complete history ofthe retention pond. He said there are four s that go i other on pool anU the a e_ Highland Hills, Cmlden Groves, ThetLendinga and Rangellnc Aoed. He said CC 0&tM-Ol/554 thebiggest problem as Chet irodumion of drainage for Rangeline Road info the retemson area. Mr. 5rock said the main reason Rangeline Road Improvemem Project was done was because the road was falling apart and all the on Rangeline Road were prone so Ooodink. He said e otP~her ainCalls, the city race ved se ivvhes oPra n approximately nnvo hours and noted with that reading. the storm ewhere between the 100 year and 500 year event. He mid naabout a week, the city received anothar four inches of rein and the ground was already saturated from the previous rain. He said thus very un cal ev and they mould occur again He then refb ad to chy map endsshoweA she Com where the on pond was lowsed. He stated the original design concept foroRa'ngeline Road. called for to be kept edjac t to Rangeline with a serves of swalesoon both sides of the road e Deputy Mayor Miller stated the original design wncept That was passed by the Commission in 1994 had its own drainage and did not run through Highland Hills. Com er Lovesvand stated everything was piped to run to Mud Lake 1He stated because there was s pipe v the road, she residents of Highland Hills used that excuse to gtt a pesision signed to get a oheeper road- He said iv 1994, the Commission changed the design as a result of receiving a couple hundred signatures ffom Highland I1ills, Devonshire, Tiberoq end Woodgate Subdivisions. Mr. Brock stated the agenda item, brieFly outlines the history oC this projett. He nat~once they received the other design ffomthe engineers, the engineers hatl redesigned the road to include curbs end gutters on both.sidee of the road to wptureall the storm water He s aced in the final approved design c ceps all of the s er drainage ca ut of Highland Hills. He then demon Crated and described on a oity map, the problems that are within that area. He said the rary no is faced with a and needs to do meshing. He then reviewed in detail the recommendations that ouslined in the agendai and stated this doe nclude eng veering design work He gavea rough astimatesand said the is going to be in the neighborhood of 5200,000 for implementation and reiterated that thecost does not include any engineering design, but noted he would mY to keep that et a Mayor Anderson asked Mr. Brock if he was rewmmending al I Pour of she hems. CC 08-06-03/555 Mr. Brock stated hew ending that the stetPinv etigate all four wdati w~ha compute nelysis to due ne how any inches end how much timeeach one ofthase mould acwmmodatr_ He stated they will do the analysis ns qu ckly az they can for events, and said this was designed to go to a 25 yearn evento~ Deputy Mayor Miller stated he would rather have This project designed for any event. tic said most likely it is going to rain everyday and said he would like eo see the mess cleaned up and drained out as quickly es possible He caked how long i1 ould take. Mr. Block stated the key is having the appropriate size pumps and the elevation to set ell those things up to be operational. He said all the things he haU diswesed mould moot bate to the overall solution w this problem. Diswasion ensued regarding emergency bank up ganerawrs and iP they were kasible and tbeir cost- Mr. Brock noted the Lima they were looking at doing the ralcvlaeions that had w be Oerformed, designing the new struuure. and ordering the pieces, pumps, pipes, concrete, et<. would take at (ease 10 to 12 weeks. Deputy Mayor Miller inquired if some of the stuff Mr. Brock mentioned had to go out for bid. Mr. Drago responded saying it depended on the extent to which the Commission warned ro handle this project and stated he has $20,000 worch of signamre authority without bids. Deputy Mayor Mil lee slated the bid process takes a long time and inquired if the Commission had the authority w allow Mr. Drago for this particular project to add an additional funding w his signature so the city did not have to 6o through the bid process. Mr. Drab responded saying the Commission con amend the purchasing ordina oallow additional funding to his signs He said he would prefu having the engineer tell what non would be piece by piece, so hewould be able to plan it beau and would of have one massive contrau. Restated the key is to allow both orage and backup ofwater in the frst retemion pond. He said Mr. Smith is sing emergency pumps right n and they were in e. Mr. Drago stated that Mr. 6rock has the old plans and whoever designed the system iv the beginning did it properly. He said when they had the retemion pond as a hold back it worked and CC 08-0403/556 aced when the r on pond was done away with, that is when everything collxps d ~I Discussion ensued, if the retentioo pond mould be dub deeper or iP it could be widened. Deputy Mayor Miller said iC the amount was increased from $200,000 to $250,000 to include an emergency generator end asked if there have been power outages that would keep the pumps fiom running. Mr. Drago responded, saying there was a power outage last ning and Mr. Smith acquired emergenry pumps and that he has beeo pumping ever since. Fla said he will ask the Commission for additional m nay if it needed, but anted to a the numhers frst, and then what i[ is going to cost to do both the retention pond and the pumping system for tte back. tte thought the city mould get the project done for $200,000. He said in regards to the lady who had a pipe coming out of the ground, he had issued an mergency purchase order 6t a n'aetor to lix the pipe and put it back in the ground to make it work. Deputy Mayor Miller stated he wanted to receive an update progress report on what exanly is happening, where the water levels aie, how they are doing stn at each meeting until the problem is resolved- He said he would Tike to move Cor oonsensus nclude that nthe list of ideas, so the COmmission is updated and knows what is going an. Com er 6undy suggested placing the update in their mail boxes onsa weekly basis. Deputy Mayor Miller said he would like for the Commission to make the change and give the City Administrator- far this case, emergency authority to act oo his own and get the problem solvett. Commissioner Maingot said the emergency back up pump cannot function once the water level is above the ouNow. He said he and Mr. Smith were out there a number oPtimea and as soon as the pumps were tamed on, they just backed all the way our He nNed when the level in the Dond goes down below the outlow valve then you can insert the emergency pumping system that Mr Smith ow has in plaoo or else it does not work. Flo Ihen gavo his endati on how solve this u. He said in the n~the City Administrator, Mr. Bmek atnd the engines expeditiously handle what needs to be done. He said with regard to the pipe that is in someone's backyard he said he Fed visited them and discussed that the pipes were not installed properly. He CC BB-04-03/55"1 aced, the pan s the paste bur the Com nediat n taken for the fitmre to alleviate the problems thamthey now a.p~enee. Con er Bundy stated when you are deelivg with storm inhere only two things that need to be alley Bled. capacity and ti e_}[e then epve his suggest solving this and stmed ha would prefer the Comm on go with the entiret plan. He said [he Com on has rely onsthe best inform on fiom the engineers and stated he would prefer to ga with the full approach rather than guessinK and plan on the worn case scenario. He expressed that hex nagree with Deputy Mayor Miller end said he would liketo sea them move forward and slated it would take an ordinanw to modify whet the City Adminisvaror would be able to do. Mayor Anderson said he agrmd with Commissioner Bundy about doing the project comeetly_ lie smted there are twoissues; they to get rid of the water and Flooding now. He said the people haver bee ring, and thew er has 't gone dow and there has bee and m o the problem s. ntle said if the Comm mad to calve the problem ectly: it could take three tossix months to do thejob right and to plan it. He said that ns the people have to live with the problem f'or another three to onths. He said half of the problem ould be Kon n three on[hs when t of the rainy season. He ca oned about rushing to solve the problem and then gave his suggestions to solve t. Mayor Avdere rated that Comm er Maingot noted purple drain nuffall of the time and saidsthere has to ba equipment that they could re to drain that a shun period of time He said the Com an deal with the problem now and lw stafiplan for the real solute n. He said he did no nt the Cora to band aid this problem a hurry bee etthey w re ushs~o takec eof the problem. Hei in favor ofgening e empomry equipment in there to drain the area. He said this is a big problem and the problem got here because the Commission just kept piecing things together. Cora er LOVemm~d stated Fe was on the City Commission when he'pond was designed co ectly the frst e. He said he had a Duple of co and w nted it to Ko on the public cord. He said the side walk fiom Devonshire Boulevard to'fiberon was there o the nndents did not have to vross Ravgeline Rosd twiceto get tos(tock Lake Schonl. Commissioner Lovesaand stated the cond itom that he nted to disc s chat the Comm mould pass an emergency ordinan e89h would rake only onesp~blic hearing to pass the ordinance. He said the Commission mould place the ordinance on the nest agenda and it would give the City CC 0&04-03/558 Admin. -- n - leis h.~ uy' cai v. I hei IL CITY A'S K i ~~::~y'(', I3. G"IY(. ... i... N.,,y,... 14. A.Ud[~ 'Anc nedjoumei AT GC 06-04-03/559