CCMtg03-17-03MinLONGWOOD CITY COYIMISSION
Longwood City Commission Chambers
175 West Warren Avevoe
Longwood, Florida
MINU'PFS
MARCH 17, 2003
7:00 P. M.
Present: Mayor Dan Anderson
Deputy Mayor Steve Miller
Coo er Rutnb Bnndy
Con er Patti Loves[rand
Con er John C. Maingot
Richard So Taylor, City Attorney
Sarah M. Mijares, City Clerk
'ferry Baker, Uireetar of Pnblic Safety
Tom Smith, Division of Streets/Fleet
Joho Brock. Director of Community Services'
Jay Sargent, Planning Division Mnnager
Absent: John Drago, City Administrator fExensedJ
I. CALL TO ORDER. Mayor Anderson celledaeegular meeting to order
at noz n m.
2. Amoment of SILENT MEDITATION was FOLLOKED BI'THE
PI,F.DGE OF ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. No announcements were made.
J. RECOGNITIONS.
A. Proclaiming the month of March ns American Red Cross
Month.
Mayor Anderson read the proclamation and presented the
proolamation to Mt. Joel Hass, Chief Execmive OtToer oCthe
American Red Goss of Centre) Florida.
Mr. Hass thanked the City Commission on behalf oPthe Americav
Re4 Cross of Cesttml Florida for [he pmclamatio2 He stated the
American Red Cross has heen at every deploymem oftroops and
ently the American Red Cross has peemanently stationed a
disaster vehicle at their headquarters in Longwood Ne said if
anyon estetl iv preparedne s Dias s they need to call the
AmenoanaRed Crass forthe times and dateaeof those classes
CC 03-I'1~09IJ4"!
e. Dis[ricl p2 Nomination of the Business Person of the Month for
Apri12003.
Mayor Anderson nominated Lucille Urbaq owner of L J Shears &
Company, 964 West State Road 434. Camed by a unanimous
5. BOARD APPOINTMENTS None.
6. PUDLIC INPUT.
A. Presentation. None.
B. Public Participation.
Mary Volkening, 241 West Bay Avenue, told the City Commission
that half of her neighbors'black gum tree fell down. She said her
neighbors were in the process ofremoving the tree limb and was
told to stop by a Code Enforcement Officer because her neighbors
needed a pemtit. She said her neighbors tried to explain the
to the Code EnPOroemevt OtBCer and tell the Officer the
lirnbtfell on lts and theyw empting to ether
limb. Ms. Volken ng inquired to the City Commission if [here was
mlethat her neighbor has to get a parmn to remove a limb after rt
has fallen on its own.
Commissiovu Lovesttand asked Ms. Volkening if the residenw
was a single family or occupied home.
Ms. VOlkenin6 said the tesidenoe is Por sale. She stated the tree
had fallen behind the home and the tree took down a good ponion
of her fence and also brought down a power line.
Com er Lov and said the city has emption for tree
pumiLCSfo~single family or family oocupied homes.
Commissioner Bundy asked Ms. Volkening if the neighbors were
tuning down the limb and not removing the tree.
Ms. Volkening said about thirty five feet (35') ofthe neighbors
tree came down at ortcn
Mr. Taylor asked Ms. Volkening, who had told the neighbors ro
stop cutlin6 the Irce.
Ms Volkening said a CodeEMOrcement Officer had told her
neighbors to stop aping the tree because they did not have e
permit.
Mayor Anderson forward the issue regarding cutting the black gum
neeto Director Eaker_
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Mayor Anderson.forwartl the issue regarding tarring the black gum
Tree to Director Dakar.
]. GTY ADMINISTRATOR'S REPORT.
Mayor Anderson said the City Administrator waz unable to attend
tonight's Commission meeting due to a (amity emergency.
R. MAYOR AND COMMISSIONERS'REPORT.
District q4. - Commissioner Bundy said all of his Noughts and prayers go
out to the leaders and [mops representing the United Slates.
Commissioner Bundy spoke regarding Ne Jaycee bus benches acrd said he
mad over the threat of a lawsuit with regards to the comma
between the tayaces and Ne City of L^ngwoad. He said theoriginal
s signed and approved on February 4, 1991 and stated a
signed Nes nightaz Ne City Commission meeting. He
said the contmet waz signed by Gretchen Vose who waz appointed Ne
City Attomey Car the City of Inugwood on February 18, I99t. He said
with this information the curzenr contmct is not valid.
Mr. Taylor said he undersrood at the lazt aly Commissiom meeting, Ne
Com wiN Ne Jaycees and would allow Ne Jaycees
to keep two benchesoon State Road 434 For six months or until their
advertising contracts expire. He said Ne Commission also allowed the
layces to have the bus benches on Highway 17-92 where the Lytu bus
stops aze located antl the rest of benches would be removed. Mr. Taylor
said Mr. Dermy Emory had sent a revised contract to him and he has since
vised chat and conditions that tally protect Na City of
Longwood. He addedfehat both Mr. Drago and he have a meeting setup
with the Jaycees in the coming weeks.
Commissioner Bundy stated that in October t, 1990, the Commission had
ontra<t with Central Florida Bench and that Commission had cancelled
that ct due oche benches<ollecring hazh, not being maintained, and
becoming an eyetsore.
District p5. - Commissioner Lovestrand read the December 16, 2002
o tha City Commission that aomeluded tha City Attomay request
the Florida League of Cities m get an opinion regarding the language of
hiring an attomey and whether this was a violation of the City o[
Longwood's Charter Commissioner lavestrand said he wrorealettcr on
February 14, 2003 [^ Attomey Gary F. Massey inquiring about the
lanvuage of hiring a^ attomey and whether this was a violation of the City
of Longwood's Charter He then read ro the City Commission both his
er dated Fehruary 14, 2003 and the letter from Anomey Gary E.
Massey dated March 11, 2003. He said from the attomey s lever, he
ncludcl the City of Longwood has spent $135,000 illegally to the law
firm of Cray, Harass, vrA Robinson and stntad both the Gty Clerk's end
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Ms. Goodblatt's contract should be done by ordinance antl have a public
hearing. He added the public did not nave an opportunity to give their
input reKarding the Gray, Hams, and Robinson contract and there should
have been a public hearing. He said the City Attorney should be warning
the City Commixsion of these issues and the City Commission mould not
nave to hire an anomcy for a legal opinion. Commissioner Lovesvand
orated he nax lost confidencn in the City Attorney.
District NI-Commissioner Maingot noted, according to the Department oC
Public Safety Fire Division's Monody-by-MonNly January report, the
Medical Transport had biIIW 5125,151 for transportation and only
collected 568,264. He said Ne city needW to improve the wllection of
the outstanding money. ,
Commissioner Maingot spoke in regards to activities f r Ne City of
Longwood seniorcilizens and said he informally discussed this with Ms.
Walsh prix oche completion of the Community Building. He requested
the City Administrator develop a plan of action for the new Community
Building. He said Ms. Prado, who is acting Parks and Recreation
Coordinator during Ms. Walsn's maternity leave, might be able to contact
the various senior citizens groups in Ne City o(Longwood and put
together a plan of aztion to bring before the City Commission.
Commissioner Maingot said on March t3'", he attended the City of
Longwo^d's Department of Public Safety Award Ceremony that is
tended by police, f refgh[ers and some civilians who demonstrated an
xceptional co ttmentto the community ttvough acts of vnself sMess
and bravery.
Commissioner Maingot eeid on Mazoh 9'", he attended the senior Girl
Scouts Tcoops N529 Gold Award Ceremony in We Community Building
and added this award is the highest that can be given in the Girl Scouts.
Corn er Maingot oted up to 6:45 p.m., prio ming to onight's
City Comtmissioo meeting, the yard waste in Golden Groves Svbdivisioo
has not been picked up.
Commissioner Maingot said he has reviewed correspondence between the
City Administrator end the Director of Public Safely regarding South
Grant stm ana aaia when ne r ewea the feu rs me e mea
to be direct He then noted Ne letter from Ore Director of Publoc Safety
dared March 10, 2003 and gave an average of 1,341 vehicles per day
ling on Gant Sneer. He said John Nitsh who lives in the area gave
t of 5.121 vehicles pct' day traveling Crant Street. He said that
85 % of the vehicles were haveling ebou! twenty 29 nr.p.h. in Director
Baker's letter and said he knows for a fact that people do not obey the
laws. He said in Tibcron and Waverly Subdivisions the city had to put in
xnmc o-nfhn wblea, whim created a hme xbr, and aaia tnc rnxiaw,tx nave
CC 03-17-03/150
cceptetl the « af0o tables end those traffic ta61oR have served their
purpose. He said other than thz citizens of Longwood, the city haz an
additional 40,000 vehicles traveling through Longwood and this puts
additional pressnrc on the police officers to try and please everyone. He
requested for bath the City Adminis«ator and Director of Public Safety to
e what kind of traffic calming devices could the city empley on South
Gant Street between W ildmere Avenue and State Road 434.
District ff2-Mayor Anderson noted that on Director Baker's memo it
shows 5,400 vehicles traveling on South Grant Sveet in November 2002,
1,500 vehicles traveling on South Grant Street in January 2003, and only
1,380 vehicles traveling ov South Grant Street in March 2003. Fie
expressed the statistic of 5,000 vehicles veling on South Grant Sveet is
rang and since he lives in the neighborhood, he has not seen that
dramatic of shift in«etflc pavan 1{e stated the City Commission
ncludetl on last year's budget to hire two additional officers to take care
of the traffic violations and get results. l{e noted the language changed in
Direcror Baker's memo under the frst period ofNovembee 2002 and saitl
85 % ofvehicles were traveling at 29 m.p.h. or lower and said in the other
two months 85%vehicles were traveling at 29 m.p.h and wondered if that
n the report. He said the Police Department didasimilar
studyrin thesback o[Columbus Harbor about a year ago and the study
oncluded that people are speeding, and said this is an issue to bring
before the Seminole County Sohool Board. He spoke to somepcople at a
Homeowner's Association meeting and the residents did not wane speed
bumps in their azea, and stated speed bumps arc vet the selutiov. He said
traffic calming is something to look into and an additional stop sigt or
Mayor Anderson said he was reading the minutes ofthe Parks and
Recreation Board and noted that Ms. Walsh said senior aetivi[ies wue in
the process of being looked into for the Community Building.
Mayor Anderson added that his neighborhood's yard waste had not been
wlleated at 6:45 pm. when he IeR for the City Commission meeting.
Mayor Anderson attended the Metro Plan Orlando Municipal Advisory
Committee meeting and was wltl that one person per week either rides
their bike or walks to work more than once per week. He said since
vayone that attended the meeting could not agree with that statistic, the
cemmittcc had rcjcaed that statistic (or planning purposes.
Mayor Anderson said at CALNO the issue regarding the "Missing Link",
which is the beltway betwcat Sanford and Apopka was discussed- He
said Orange County would like to tum State Road 46 into an extension el'
the Greenway, which Seminole County is opposed to. Mayor Anderson
said Seminole County's long range plnns have dedioatcd that pan of the
CC 03~ 12-O31]51
nmy as very low mtenahy aevelopmont ana me conmy aoea not wane
roses ro go tnmugn mat area.
Mayor Anderson said the Cityof Lake Mary haz constructed a skate pazk
after the State Legislature limited liability and said the city should raise
about %6,000 in admivance fees in their first year. He atlded the city
surpassed that $4,000 in the first two weekends and the park is always
jammed pack every time it is open. He said the City of Oviedo is going to
ruct a skate park as well. He added the City of Lake Mary is building
ew Cily Hall adjacent to the existing complex and building a new Fire
Station. He said it appears the City oFlake Mary is devoting the
ombating the issue of pmviding emergency service along
Lake Emma Boulevard, so the City of Longwood would not have to go
outsideeity limits to pmvidecmergeney service.
Mayor Mders said the letter from Longwood Green Ham
Association regarding Code Enfomement stated a person is mm,ing both a
lira ne bus and car detailing bus ss fiom their home. He said
the letter also spoke about another individual who converted their garage
o a bar and stays open until ] a.m. He said these two issues need to be
looked into and see how Code Enforcement addresses the issues. He said
important the association haz tried a contact Code Enforcement far
eml weeks and Code Enforttment never got back to Nem. He said the
e of Code Enrorcement not returning the association calls is most
impart and in Ne faro employees need b make sure when someone
calls; that Ne public is g wing the service they need in a timely fashion.
District q3-Deputy Mayor Miller said three budge[ sessions ago, he
requested four new iraffc officers and added there have been uro officers
added to the Police Uepartment. He said two years ago he brought forth a
request during budget time far four traffic otTicers and was told by the
Public Safety Director that the city did not need any additional traffic
offcers. He said Iazt year he requested four traffic o~<ers and [he City
Cora only allowed two officers. He said i(you take a look at
Grant Street, Church Avenue, and any other city street there is continuous
speeding. He said the Police Department is very elfcienh but noted the
t of persormel on the Police Department cannot cover all of the
n the Ciry of Longwood twenty-four hours, seven days a week. He
requested the City COn ion to consider this budget ession of adtling
additional traffic ofhcermiss
Deputy Mayor Miller said not too long ago he brought up the issue of dead
and azked the City Commission to add this to the city's ordinance.
Heesaid Ms. Volkening who nod a dead tree crash onto her house and
eud of having apro-active stance on the matter; ibe city has a Code
Enforcement Officer telling,he property owner she cannot cal the limb
down because she needs a pcnnit. He said dead trees are a problem and
cc ob-I ~-o~nsz
9. CONSENT AGENDA.
A. Approve Minutes of the Marclt 3, 2003 Regular Meeting.
6. Pay approved and estimated bills for March 2001.
G Finance Division of [he Financial Services Department
entls approval of the Monthly Financial Report for
February 2003.
D. Utilities Division o[[he 1'abllc Works Department recommends
[ho City Commission approve a ehnnge ardor to nn existing
purchase ortler with Ferguson Waterworks in the ammtnt of
530,000.00 for water avtl sewer materials for [he remaintler of
[he fiscal yaarartl mttbvrize the City AUministrelvr to sigv all
approprinte tloevmeots.
Deputy Mayor Miller moved to approve the Consem
Agenda as submitted. Seconded by Commission Maingot
and carziod by a unanimous roll pall vote.
10. PUBLIC HEARINGS.
A. The Planning Division of the Department of Community
Servicuw recommends [hat [he Ctty Commission crud by title
only and adopt Ortlinance Nv. OJ-1633 to annex (ANX 06-02)
the property located at 1004 S. U.S. Hignway 1]/Y2 iota [Ire
City iv order to fulfill a ntilitylannexation agreement between
me apnnnam nna tee city.
Mr. Taylor announced having prootoCpublication for this and all
publio hearings listetl on the agenda He then read Ordinance Ne.
03-1633 by title only.
Mayor Anderson opened the public hevrin& No one spoke in
favor yr in oPPVSilion.
Commissionu Maingot moved to closo the public hearing.
Seconded by Deputy Mayor Miller and cartied by a
Commissioner Maingot moved tp adopt Ordinance No. 05-
1633 as submived- Seconded by Deputy Mnyor Miller and
carried by a unanimous roll cell vote.
R. The Plnnnivg Uivisimt of the Depnrhnent v[CVminunity
Services recommends that the City Cmninission read by title
vnty and adapt Ordinance Nc. 03-1615 tv vu<eta and abnmlmi
CC 0J~ 1'1-03l35J
. fvAC h~o21 nmt portion of me rnwrnesveet right-or-wny
located on the east side of CR 42] antl south of La Prensa
Newspaper at fi85 S. CR 42], provided that the area be
netl as a mility/drainage cnsement and that there be an
agreetment with [he adjacent property to the south for
ingress/egress.
Mr. Taylor read Ordinance 03-IG3h by title only.
Mr. Taylor said earlier in the day he had read the Ordinance and
where the Ordinance read, "...maintained az drainage and utility
t", he gnestioaed whether the propeny owner or the city
would maintain the drainage and utility easement. Herecom-
mended the ward "maintained" be changed to "retained" in the title
and body ofthe Ordinance, He said by making [hia word change,
will allow the City to retain the right to maintain and use the
drainage and utility easement.
Mayor Mderson opened the public hearing
Mr. Phil Reece, ]25 Somh County Road 42], said he is the
propeny own to the south of Pawline Sheet and stated he does
objet[ m tha vacating of the right-of--way on Pawline Street es tong
az tt is mantained as an access right-of-way.
Mr.lay Sargent said Ne pan that is going to be maintained as the
city's utility and drainage a is the a re length ofthe right-
of-way. He said the length of the n`ght-of-way is from County
Road 42] and eastbound m the rear of Lot 1]. He [hen read
allowed the last sentence on the item sheet. Mr. Sargent showed
the drainage and utility easement for La Prensa and then showed
the a nt for Mr Ree 's property. He said the eazement
would provide access from bath the rear and the front of Mr.
2eece's propeny. He said both the applicant and the property
o the south have came up wilt an agreement and it has not
beeniesi%nN.
Mr. Reece said at the present time that is the access m the back of
his building and says in the CuWre, someone may want a drainage
dimh in [hat area He saitl M1e still has access, but it is not very
good. lie azkul the City Commission if they could add a Vrovision
o the Urtlinance to protect his azcess to the propeny and he would
(eel a lot more comfortable.
Mr. Sargent recommended the Ordinance be v'hanged to "..
mility and drzinaga easement for the puryose of andergroundain
utilities fordrainage purposes."
CC o3~1>-0i/356
No one else spoke in favor or in opposition.
Commissioner Lovcstrand moved to close the public
hearing. Seconded by Commissioner Maingot and carried
by a unanimous voice vote.
Commissioner Lovesvazad said the agreement should be signed
before the City Commission approves the UNinance. He
suggested teblivg the Ordinance uvtil Ue ageemevt Is signed
between the two property owners, and then brougb[ forth to the
City Commission for approval.
Commissioner Bundy moved to adopt Ordinance 03-1635
and amend the Ordinance to read with Ne following
changes made in the preamble: " and abandon
(VAC 03-02j that portion of Pawline Street provided that
the area be r ained az utility damage easement and that
there be aneegeameut with the edjacmt property w Ne
south for vehicular ingress and egress". Seconded by
Commissioner Maingot.
Mnyor Mdersov sorted the motion meintaine the easemevt for
vehicular acces, which would preclude modifying for drainage
purposes end would restrict vehiculaz eecaes. He added the motion
makes sure the agreement is tied with the Ordinance and the
Ordinance catmot take eff t until the ageement is signed.
Deputy Mayor Miller asked the Commission to be a little more
specilc and demanding in the Ordinance. He suggested the
Ordinance should read as follows: "...the area be retained as an
underground utility easement" He said someone could pm a ditch
at Mr. Reece's properly and cut his vebicular access in half and
asked the Commission to give Mr. Reece a little more protection.
Commissioner Bundy amended his motion to Ordinance
03-1635 to read with the following changes made in the
preamble, reads: and abandon (VAC 03-
02) that portion of PawlineoS[reettpmvided that the area be
ained as an underground drainage and utility easement
that shall not interfere with vehioular access for ingress and
egress and that there be an agreement with the adjacent
property to the south'. Seconded by Deputy Mayor Miller.
Comm a[.ovestand said the agree nt looks like it is
between three people: the City or WngwovU and two separate
patties. He said the agreement is not signed and the pity dots nol
know if tte two ponies arc going to comcto an agreement. He
Cc o3. mm~ss
said it is prom to pass the Ordinvnoe umil the two parries have
signed the agreement
Commissioner Lovcstrand moved to able Ordinance 0~-
1635untit the next City Commission meeting. Motion died
for Zack of second.
Mayor Mderson moved to amend Section 6 of the
Agreement to be changed to: "This Ordinance shall be in
force antl take effect immediately upon adoption end the
signing of the agree nt between the parties . Seconded
by Deputy Mayor Miller.
Commissioner Covesnand azked the City Auomey ifan Ordinance
was valid when it was passed and signed by the Mayor.
Mc Taylor said ifoovditio are put iv the Ordinance, than the
Ordivanoe will not take affect uvtil ell thoaeoonditionsore met
Commissioner Isvestrand azked the City Auomey what happens if
[he two poetics never come mto an agreement.
Mr. Taylor said if tho two parties never come into an agreement
and the Ordinance passed, then the Ordinance would not take
effect.
Mr. Sargent said the Planning Department does have an agreement,
but it is not signed byeither parry because the party that is
requesting the vacation has to do a site plan to take the existing
building down avd put up a new building. He said deaf he spoke to
both parties and told them that if bush parties have not signed the
agreement by the time the site plan is submitted, [hen he would not
accept the plans for review.
Mayor Mderson said he haz a commitment to the people to be a
bas ss fnendly community. Fie said he does not wam to avow
up another two week delay in La Prusa's pmcess. Mayor
Mdorson said he feels his ovation will make sure the Ordinance
will take elfwt immediately Duce the agreement is signed between
both paetios, and ifboth ponies do not sign the egreemem than the
Ordinance will not take e[[ect.
Commissimner Maingot said the new building for La Prursa is a
1.4 million dollar eateblishment. He said he wants ~u cnwumge
businesses to stay in the city and stated sixty f ve jabs will be
added to this expenaioii He said the business Crom Lakeland will
be tranafetrcd to the City of wngwood.
CC O3-I]-OJlJ56
Motion cartied on Amendment No. 2 by a fourlone roll call
with Mayor Anderson. Deputy Mayor Miller,
Commissioner Bundy and Commissioner Maingot voting
aye and Commissioner Lovestrand voting ney.
Motion carried on Amendment No.I by a unanimous roll
call voce.
Main m artied by a four/one roll call vo with
Mayor Anderson, Deputy Mayor Miller, Commlissioner
Bundy and Commissioner Maingot voting aye and
Commissioner Loveslrand voting nay.
C. The Planning Division of [he Department o(COmmanity
Ser ends that the City Commission read by title
only,and adopt Ordinance No. 03-1636 to vacate sod abandon
(VAC O1-03) s portion of the five-foot (5') utility easement al
the rear of Lot 1911, Danbury Mill, Unit Fmrr, located at B15
Hillary Court.
Mr. Taylor read Ordinance 0}-1636 by title only.
Mayor Anderson opened lbe public hearing. No one spoke in
favor or in apposition.
Comm er Bundy m ved to close the public hearing.
Seconded oby Commisiloner Maingot and cartied by a
Commissioner Maingot moved to adopt Ordinance No. 03-
1636 as submitted. Seconded by Deputy Mayor Miller and
cartied by a unan,mous roll call vote-
The Ciiy Commission recessed from 8:13 p.m. l0 8:22 P.m.
I I. REGULAR BUSINESS.
A The City Administrator recommends [he City Commissiau
atlopt Resolution 03-1068 requesting Seminole County to
vey surplus properly on County Road 62'! to [he City for
developn,enl of tl,e City's Historic Distrim Master Plan.
Mr Taylor read Resolmion 03-1068 by lisle only.
Mayor Andersoo said nlese ore p,c two loss ndjvicent to the
Welgmen's parcel gnat nu, along County Road 427- He said the
City Administmmr would like to run [he enlmnce getewvy to the
edy [mm n,eae lot:, aaa oaten Seminole coamy naa ~rpreaaea
ccm-n+nl3s>
a,e; wulmgnazswgive o,eae two lots to the ehy soar some i:anaz
were rnaomed.
Deputy Mayor Miller moved to adopt Resolution 03-1068.
Seconded by Commissioner Mainga and cartied by a
unanimous roll call vote.
D. City Administrator recommends the City Commission adopt
Resolution o]-(069 reques[lug [he County to convey a
ention pond located et the Southwest corner ar CR 42'1 antl
SVOfth Street [o the City.
Mr. Taylor read Resolution 03-1069 by title only.
Deputy Mayor Miller moved ;o adopt Resolution 03-1069.
Seconded by Commissioner Maingot.
Commissioner Dundysaid the City Adminishator had identifed
three concerns with regard to the retention pond. He said [he
e; the city did not desigv the retention pond
and the eity would have to cortut any Paws that showed up; and
Clean Water Act ErSorcement, Ne city would be liable to assume
any additional cost in meeting any future water quality standards.
Commissioner Dundy moved to table Resolution 03-1069
ntil the next City Commission. Motion died ror lack of
sewnd.
Mayor Anderson said the City Administrator discussed with him
s ofpipe maintenance. He said the pipes sthe
buried pipe the c unty will be taking storm weer from County
Road 42] and putting the storm water into the retention pond. He
said dre Aesolution states the Ciry of Longwood wants Seminole
County to give the property to the oity and the city would be
responsible for maintaining the pipe and the retention pond.
Mayor Anderson said he was under the impression that
Corn cr Loveso-aud wanting to x the retention pond
into tlmsoity and therefore, allowing other parcels to annex into the
city as well.
Commissioner Investrand said he understands his Fellow
Com and if the county haz the retention pond
engineered, then ha would have aproblem with annoxing the
property.
Mayor Anderson said the City Administrator would like to annex
me on pow inm needy and also enmrmo an agruincnt
with Seminole County. He said the agreement m at give
CC 0]-I]-01/358
permission to the City of Longwood w add a sign and a water
feat e. He said in the agreamevl, the city woultl maintain boN the
signvand the water feature, and perhaps, mow the area around the
on pond. Mayor Anderson said the county would be
responsible (or the major mainlenancc of the retention pond. 1{e
suggested [he City Atlministmtor and City Attorney come up with
anew Resolution that does nut convey ownership to the property.
Deputy Mayor Miller moved to table Resolution 03-1069
n[il the next City Commixsiov m Ling. Seconded by
Corn r Lovestmnd and cartied by a unanimous
G City Atlmivistrator recommends the City COmmiuiov discuss
extentling resident rata' for cemetery loh fo city employees.
Mayor Mderson said the City Administraznr had spoken to him
and the Ciry Administrator said several long time employees have
expressed interest iv pumhasing oemetery lots at the residential
e. He said the City Administrator's concerns were how long an
employee had to be with [he city before the employee would be
eligible for the residential m and the period of time aRer the
employees' termination woultl the employee be eligible foe the
residential rata
Commisioner Maingo[ moved to aRer city employees the
widen to for cemetery lots. Seconded by Commissioner
Bundy.t m
Com er LOVe trend re ended ex ending residen
foe eterylom to airy employees that have worked with the eery
for S+yeara.
Commissioner Maingo[ said an employee must have a five year
to the Ciry of Longwood. He said once the
metery Iota ere purchaead nailher the employee nor their
mmediete family should be able to resell the cemetery lots.
Commissioner Maingot stated burial lots are becoming a rarity, in
s of availability and the cost of cemetery Tots are going to
~nerease in the coming years.
Commissioner Bundy said the requirement of an employee serving
the atyfor five yev¢is note long enough commitmcnl. He stared
he did not want to extend this offer to the employees because the
city will be faceU with complex situations. Hesaid there arc a
united amount of lots in thecemetery end if employees feel they
o spud etcmily in Longwood, then employees should move
inrotthc city IIn11h[.
CC Ol-I>-0)/359
Commissioner Bundy said he is gaterul far the employees and
ended to the Com Hake i e of a c ward to
lang~emr employees. He sugges ed offering this benefit to
employees with 20+ years of urvice to Nc City of Wvgwood.
Mayor Anderson said once a person purchases a cemetery lot at a
esident rate and has somwne buried in that lot, then that
ndividual can purchase additional lots et the resident rate. He said
[he minimum requirement of S+years is a good idea and suggested
the employee must purchase the cemetery lo¢ within a yeaz aRer
leaving the city. He saidthe COrmnission can keep the plan simple
antl if issues arise, rhea the City Commission can deal with Nose
issues at that Time.
Discussion ensvetl with regards ro the title of a cemetery lot if it
was neverv copied.
Commissioner Bundy moved to amend Ne motion to oEier
coy employees me resiaem rate r r enmetery mta wen 20+
yearn or aervioa. Amanamenr s~nnaea nr cpmmisamner
Lovestrand.
Mayor Anderson auggee[ed offering uty employees the resident
mte for cemetery lots with 1 O+yoea of service.
Commissioner Maingot said he would like to offer city employees
the resident rate for cemetery lots with to+or (5+years of service.
Amendment eerriatl bye nammous roll call vote
Main motion carried by a unanimous roll call vote.
D. City Attorney recommends the City Commission review the
ending issues relative to lbe electric fnncltise netween [he
<rr and rwdda rower.
1'ne Comm awed Neu entling Issues mlative to the
electrio franoh ~e between the C~y ofLOngwood and Clorida
Power, as listed on the City Atwmey's memo of Maroh 10, 2003,
Items I-0, and the following actions were taken..
I. Section J. P fo'aeab'I'vof Fmncl -se.
Connnissicner Miller noted the City Commission already
ngrecd the rial breaoli' language must be re ovod
rmm all a easatof the Settle Agreement and Fmnchisc
Oidii~unce,
CC 03-I'1-03/360
2. Section 6. Favored Nations.
Deputy Mayor Miller moved that the Favored
Nati st be aD0lied to all provisions of rho
Fmn~hSS so lhal it represents both sides. Secondea
by Commissioner Bundy. Motion carried by a four
e, Mayor Anderson, Deputy Mayor
Mole, Commissioner annoy and Conimis9mner
Maingot voting aye, wish Commissioner Covestrand
v ring nay.
1. Section I I (G). Stranded Cons.
Mayor Anderson moved to simplify the language
under Stranded Costs in Paragraph G, and to
include the City Attorney s re mmenda[ion and
also include Stranded Costs in the Swpe of
Arbitration. Seconded by Com er Mangot
and carried by a unanimous vmce vote.
4. Section l2. ~.
Deputy Mayor Miller moved that if the City of
Longwood's ability w colleot the franchise fees is
impaired through wbutever v the City of
Longwood needs to execwe the purchse claruse and
would have one year to notify Florida Power with
the i to purchase. Seconded by Com ner
Bundyeand caried by a unanimous voice vote.
Commissioner Bundy moved to extend the Ciry
Commission meeting until I O:I S p.m. Seconded by
Commissioner Maingot and carried by a unanimous
Commissioner Bundy n oved t change the
language in the Settlement Agreement that Florida
Power agrees no o back charge the customers.
Seconded by MayortAndetson. Motion cametl bya
four to one vo c, Mayor Anderson, Deputy
Mayor MillerCe vCOmmsssioner Bundy and
Commissioner Maingot oting aye, with
Commissioner Lovestrand vot ng nay.
Commissioner Bundy moved to extend the City
Con iny. until l0'.301~.nr. Seconded by
Comm ss o~ ear Lovcsirand and carried by a
CC 0]-I t-03/]61
Commissioner Maingot moved to insert the ANSI
A100 sandards regarding tr ling i~ o the
Franchise Agreemanc Seecnnded by Mayor
Anderson. Motion canied by a three to two voice
e, Mayor Anderson, Commissioner Bundy and
Commissioner Maiogot voting aye, with Deputy
Mayor Miller and Commissioner Lovestrand voting
nny.
Deputy Mayor Millis moved to have e thirty day
me frame fiat Plorida Powu to respond to the Ciry
Com vised agreement. Sewnde6 by
Commismsioner Bundy avd canied by e unanimous
Mayor Anderson movetl that in Section II,
Paragraph D, the City Comm tho
arbitrary livingmand working i
Longwood o nclude a restriction o arbitrator
having a businoss relationship with Florida Power.
Seconded by Commissioner 6undy and carried by a
Mayor Andere oved to nclude in the List of the
Evaluation Methodologies, RCCD, and ne
Giet of Depreciation. Sewuded by Commissioner
Bundy and carried by a unanimous voice vote.
12. CITY ATTORNEY'S REPORT.
Mr. Taylor stated he has worked very hard and diligently regarding the Florida
Pow s Ca said he does not believe Plorida POwee's representatives crave
said he delays Nings, and stated even i(it takes him a week, sometimes it has
taken Florida Power two or three weeks to gu back to him fete restated he has
worked hard with Plorida Power and has resolved many issues-
13. CITY CLERK'S REI'OI2T. No cepon-
l4. ADJOURN. ThemeGingadjoumedat 1031 p.m
Uanie~l;. A~ ~un, M:,vnr ~-~
SarahSarnli M_ ~c
CC a3-1103/362