CCMtg07-21-03MinIANGWOOD CCCY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
JULY 21, 2003
7:110 P. M.
Present. Mayor Dan Andersen:
Deputy Mayor Steve Miller
Coen er 6oteh 6undy
Coen er Paul Lav and
Commissioner John G Maingot
Rnas McLaleb¢y, Interim Clty Attorney
John J. Drago, Cily Atlministrmor
Sarah M. Mijarea, City Clerk
'COm Smitly Streets/Fleet Division Manager
Rinhard Kornblmh, Utilities Division Manager
Tom .lackson, Chief of Police
.lay Sergene, Planning Division Manager
John 6rock, Director of Community Services
Monica Mischell, Director of Financial Services
Absent: Richartl S.Taylor, Jr., City Attorney (Exnusetl)
L CALL TO HRDER. Mayor Anderson oelled the regular meeting to order
el ]_O6 p. m.
2. A moment of SILENT MEDITATION was FOLLOWED BY THE
PLEDGE OFALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS. No announcements were made.
a. RECOGNITIONS.
A. District k5 Presentation of the 6,winta3 Person o[the Mon[h
Award for July 2003 is Shabir Mnnji of Fairmont Plaza,
located et 600 Nnrth Highway 17-92.
Commissioner Lovestmnd presented tM1e Business Person of the
Month award w Shabir Manj i, partner and m pager of Fairmont
Plaza for three years. Mr. Manji is involved with his church as an
Eldu end also volunteem aseteecl,er_ Pictures were then taken.
H. District HI Nomination of the 6nsiness Persen: of the Momk
Awartl for August 2003.
CC 0]-2I-03/510
Commissioner Maingot nominated George McKenzie of Kamron
Hold'mgs, Inc. located at 321 Balogh Place as Buviness Person of
the Month Award for August 2001. Nomination tamed by a
5. BOARD APPOINTMENTS.
A. District N2 Nomhtatiav to the BUard o[Adlus~tntent.
Mayor Anderson dePened his nomination.
It. Distrirt N4 Nomination (o the Parks and Re<reatimi AAvisory
Doard.
Commissioner Bundy defamed his nomination.
(. PUBLIC INPUT.
A. Public. Pflrticipfltion.
lohn P Bartl nski 141 West Magnolia Avenue, said that between him and
hie neighbor's house; they have takenasubstantiel amount of rain. He
aced he had water in his houu and expressed that he has never
experieticiM this in the pest. He said he has spoken with Mr_eraak end
Mr. Kowalski on several different occasions regarding this matter, hIe
aced their Iasi meoting was on Mey I3, 2003. both Mr Brock and Mr.
Kowalski said they would resolve three out of the five problemv that he
experiencing. He said sivice the meeting, his problems leave not been
resolved and asked the Commission for a solution.
loan Man', 216 & 242 West W erren Avenue, expressed concern about the
ompany on Church Avenuethat is permitted to conduct wereliousing
She noted ilia bus ss Itas bee iced and co to have dative
made. She statedtshe had been cited for her coffee shop sign and shat
quickly hadwremove the sign. She said that if the roles allow more truck
traffic in the area, then this is going to be a big problem that mould
possibly lead to an even bigger problem. She asked that the Commission
keep this a ea going in the right direuton and to not lea it slip backwards-
Kimpery plus 156 Mockingbird Lane, stated this year marks an
important anniversary in our city's history and said it bas been 125 years
ce Longwood has been established. She said this feu is signifrant and
gives the cityareaun to celebrate. She would like to see the city
to this anniversary by hosting en event in the historic District.
She mated the city needs to gat back to its roots and rediuover its history.
Dpn a Bundv, ]21 F.agle Avenue, stated she was speaking in regards to
AgGtda [tam I 1 B. She said she understands the Commission is orating n
nvw column in the Table of Allowable Uses that would uparate the
CC 01-21 -t13/511
Down[own and the Historic District as a result of an issue raised by a
bus at the June 23r° Work Session. She said there was some
onWsso otFe allowable uses within the ldistorie District and the
deMit soot ce a She distributed pint sof rhea very in
qua and stated thas~vwholesele distribute n. She then gnv
Webste 's definer not wholesale and distribu~i and then explained the
n the pictures. Sheasked that the Comm~seion follow the
ew tintg codes.
loan Ridilla, 218 West Church Avenue, sterol she was speaking in
response to Agenda Item I t D regarding changing of tFe code to allow
arehouse distribution. She urged the Commission not to do this. and said
Historic Longwood ie no[ tFe place Por that type of activity.
loMne Rebello, 301 Loch Lomond Avenue, referted to Agenda Items I1
F and G. She said decisions made tonight by the Commission concerning
the usnent eleUrie provider will be decisions that will affect the aty and
s. She hoped the Con on has thought long and hard abou
'wFat is truly io the best interest of Longwood for the tuturq and not whet
is the shun term benefit- She said this new agreement seems to be leaning
heavily in favor of Progrzcs Energy with little or no benefits Por
Wngwood and its s. Shea uraged the Com othink
thoroughly about thisl.abecause they will be remembered by their decision
]. CITY ADMfN15TRATOR'S REPURT. NO report
e. MAYOR AND COMMISSIONERS' REPORT.
District N3. No report.
District N3. No repon.
District N4. No repon.
Uiseric[g5. No repon.
District NI. No report
9. CONSENT AGENDA.
A. Approve Minutes of June 23, 2003 Wark Session, June 30,
2003 Work Session, and July ], 2003 Regular Meeting.
B. finance Division of [he Financial Services Department
ends payment of approved and estimated bills far July
2dd3mm
C. The Public Works Department recommends the City
Con tnppro e. the purchase prbrick pavers fur the
construcUOn of the Commoniry Building parking lot of
CC 0]-2 1-0315 1 3
xamwooa Rdrk odaam in me amonm orszssoe.9s and
authorize the City Administrator to sign the Purchnse Oder.
D. TAe Public WOrk Department recommends that the City
Commission award OidNlio3 for the Construction of the
Community Builtling Pnrhing Lot to Canpilog Intematimtal
Company in the amonm of SIO2,659.93 and authorize the
Mayor to sign the contract.
F,. Finantt Division of the Finanrial Services Department
mesas approval of the Monthly Fioancinl Report far
lone 2003.
F. Flnanee Division of the Financial Services Department
ends the City Commission eppro ethe Seminole
County Publir Szhods, 8thool Resource OrR<er Agreement
and emhorize the Mayor to sign nenm.
G. City Administrator rttommenas the City Commission confirm
the flpPOinlnrent of Carol Rogers as the interim Finaneifll
Services Director [or six months.
Com er Rundy m ved to approve the Con
s
Apenda
as ubmitted with the e<cep[ion of Agevde item
9 G be considered separately. Seconded by Deputy Mayor
Miller and carried by a unanimous roll call vote.
Doputy Mayor Millez said he wasn't aware that Mre. MitchvAl was
leaving effective ]uly 25i°until this evenink He inquired why the
city w s appoii ting m inler~m for this position.
Mr. Drago responded stating he has to ko through the appointment
process. He said he has had one interview with the interim and
feels wnfi0ent she can handle the position on an interim basis. He
said she was told the city will go throukh the interview and
ruilment process and she is more than welcome In apply for [he
pus t. He said he will make his des on predicated to that
prose and in the meantime, he feels her conf rmation is
ss
important ro keep theaccoumivg and financial pan oftha city
ning smooYAly. He staled fndin6apermanent replacement
could lake several months.
The City Commission approved Item 9 G by a unanimous
roll call vote.
10. PURLIC H EARINGS.
A. The Planning Division ortne Department of Community
Services recommmtds thnt Rte City Cmnmissimt rend by tide
CC 0'I-21-03/313
only, set August 4, 2003 fls the public hearing Jate, and
approve first reading of Ordinance No. 03-1650 for a Small
Scale Comprehensive Plan Future. Land Ilse Map Amendment
(San osozl [tom Cmr~dy commercial to Cry General
cnmmer<ial (ccl mr meprnvertr mnated arum oak Lane.
Mayor Anderson announced Agenda hems 10 A-M and P are
quasi-judicial hearings tle said ifthere anyon who wishes
speak in favor or apposition would need rto wme forward end be
orn by the City Attorney- He then reviewed the procedures of
the hearings.
A gentleman fiom theaudience wav sworn in by the City AOOmey
and said he was speaking in regards ro Item 10 G.
Mr McLatchey proof ofpnblication For this and all public hearings
listed on the agenda. He read Ordinance NO.03-1650 by title only.
Mayor Anderson opened the public hearing. No one spoke in
favor or in opposition.
Com wMflingot moved to close the public hearing
Seconded by Commissioner Dundy and cartied by a
Deputy Mayor Miller moved to pass Ordinance Na 03-
1650 at the f rsl public hearinK and sal the sewnd public
hearinK for August 4. 2003. Seconded by Commissioner
Maingot and carried by a unanimous roll call vote.
e. The Planning Division of the Department of Commnnin
Services recommends that the City Commialon read by title
only, set August 4.2003 as the public hearing date, and
approve first reading of Ordinance No. 03-1634 for a Small
Scflle Cmnprehwisive Pimr Futnrc Land Use Map Amendment
(SPA 0602) from Corinry Commercial to City General
Commercial for the property IocmcJ at 1004 S. U.S. Highway
l~/92.
Mr. McLatchey read Ordinance No. 03-1634 by nrle only.
Mayor Anderson open H the public hearing. No one sDOke in
favor or in opposition.
Commissionw MainKOt moved to close the public hearing
Seconded by Deputy Mayor Millw and carried by e
CC OJ-21-031514
Coro er Maingol ved m approv at frst rwding
OrdinanceuNo. 03-1634 and set Augus[ 4e2003 as the
public hearing date. Seconded by Deputy Mayor Miller and
cartied by a unanimous roll call vote.
f,. The Planning Division of the Depanmenl of Community
Serv ends that the City Commission read by title
mdy, xnt Angna'In4, 2003 ne'the pnblie hwring dare, and
approve first rwding of Ordinanec Na. 03-1651 for a Small
Scale Comprehensive Plan Foture Lana Use Map Amendment
(SPA 0'/-02)from County Low Deosiry Resitlwtial to City Law
Density Residentlnl for the property locntG1 a11112 Oak LanC
Mr. McLatchey read Ordinance No. Ol-IbSI by title only.
Mayor Anderson opened the public hearing. No one spoke in
favor or in opPOSilion.
Com er Maingot moved to close the public hearing.
Sttonded by Deputy Mayor Miller and carried by a
Deputy Mayor Miller oved to pass Ordinance No.03-
1651 al the first publio herring end seJ the sawnd public
hearing for August 4, 2003. Seconded by Commissioner
Maingot and carried by a unanimous roll call vote.
D. The Planning Uivision orthe Depanmmd of Community
Serv ends Char the City Con cad by title
only, sec August 4, 2003 as the public heariu~g date, and
approve Urst rwaing of Ordinance No. 03-1652 [or a So:all
Scale Comprehensive Plan Furore Land Use Map Amendmm:t
1$PA 0&tl2) from County Industrial to City h:ansfrial for the
property located at 1140 S. CR 42'1.
Mr. McLazchey read Ordinance No. 03-1652 by line only.
Mayor Anderson opened the public hwring. No one spoke in
favor or in opposition.
Commissioner Maingor moved to close the public hearing.
Seconded by Ueputy Mayor Miller and carried by a
Coro er Maingo~ ved to approve m fire reading
Ordmence Na 03-1652 avd se: August 4, 2003 as the
public hearing dare. Sewnded by Deputy Mayor Miller and
carried by a unanimouv roll oall vole
CC 0]-21-03/515
e. me elamm~g envision onne nepanmem or conlmnmty
servare. rerommenda wet me cty commis:ion read by me
only, set August d, 2003 as the publir hearing date, anU
approve first reading of Ordinance No. 03-Ifi53 for a Small
Seale Comprehwlslve Plan Future Land Use Map Amendment
(SPA OI-03) from County Low Density Re idential to City Low
Density Residential for the property lo<ateU at 1090 Talmo
Street.
Mr. McLalchey read Ordinance No_ 07-1653 by tide only.
Mayor Anderson opened the public hearing. No one spokein
favor or in opWSilion.
Coen er Maingot moved to close the public hearing.
gcwnded by Deputy Mayor Miller and carried by a
Depuly Mayor Miller moved to approve Ordinance No. 03-
1653 et the firs) reading and public hearing and set the
wnd public hearing for August 4, 2003. Sewnded by
Commissioner Maingot and carzied by a unanimous roll
call vote.
F. The Planning Division of the Department of Community
Serv ends thatthe City Commission read by title
only, set Augustn4, 2003 as the pnnlie hearing date, and
approve first reading of Ordinance No. 0}rb5d for a Small
Scale Comprehensive Plan Rotors Land Use Map Amendment
(SPA 02-03) from Coonry Commercial to Clty General
Commercial for the property IocateA at fd90 S. US Highway
1]/92.
Mr. McLalchey read Ordinance No. 03-1654 by Lille only.
Mayor Anderson opened the public hearing. No one spokein
favor or In opposition.
Commissioner Maingot moved to close the public hearing.
Seconded by Depuly Mayor Miller and carried by a
Comm - er Maingot ved to approv at first reading
Drdina ceoNo. 03-1654 and set August 4e2003 as the
public hearing dale. Sewnded by Deputy Mayor Miller and
carried by a unanimous roll call vote.
CC 0]-21-03/5I6
G. The Planning Division of the Department of Community
Serv ends[hat the City Commission read by title
only'sat August 0, 2003 as the public hearing dote, and
approve f rst reading of Ordinance No. 011455 for a Small
Seale Compreftensiv¢ Plan Future Lund Use Map Amendmmtt
(SPA 03-03) from County Industrial to Ciry Industrial for the
property lac9ted a12I0 Nortn Shea.
Mr. McLatchey read Ordinance No. 03-1455 by title only.
Mayor AnAersoo opeved the public hearing He stated tlterewesa
gentlem who waned to speak iv favor to this item and called
him forward.
Robert Gina 348 Lake Avenue, stated he owned the property at
210 Notth Street and welcomed the change D'om wunty to ary.
He expressed hie s that [here ould be n
requir is for his with the s inch tram only ro
city. He said Mr. Sargena sured him that there would not be a
problem. but warned to verfy that.
Mr. Drako said the only requir t would be that his tenant needs
to get city occupational license
No one spoke in opposition.
Doputy Mayor Miller moved to close the public hearing.
Seconded by Commissioner Maingot and carried by a
Comm er Maivgot oved to approv et first reading
Ordinance No. 03-1655 a d set Augpst 4e20o3 as the
cond public hearing date. Sewnded by Deputy Mayor
Miller and cartied by a unanimous roll call vote.
N. The Planning Division of the Depanmen[of Community
serrmea reaotnmends toot me cty Comnasaimt reaA ny ctle
only, set August 4, 2003 as Ins public hearing date, and
approve first reading of Ordinance No. 03-1656 for a Small
Scale Comprehensive Plan Future LanJ Use Map Arvendment
(.SPA 04-03) from Couoly lodustrial (n City Industrial for the
property located at 250 Norm .SlreeA.
Mr. McLamhey read Ordinance No. 01-1656 by tide only.
Mayor Anderson opened the public nearing. No one spoke in
favor or in opposition.
CC 0)-21-03/51]
Deputy Mayor Miller moved to close the public hearing.
Seconded by Com er Maingot and carried by a
Deputy Mayor Miller moved to pass Ordinance No. 03-
1656 at the first reading end first public haringand set the
and puhlic hearing for August 4, 2003. Sewnded by
Com er Maingot and carried by aunanimous roll
call votesio
I. The Planning Divisiov of the Department oP Community
Serv ends that the City Cam ead by title
only, set August 4, 2003 as the public hearing date, and
approve first reading of Ordinance NO.0}165] for a Small
Scale Comprehensive Plan Future I.,and Use Map Amendment
(SPA 0803) from Cvonty Industrial so City Industrial for the
property lorared at 240 NOrtb Street
Mr. McLatchey read OMinana No. 03-165] by title only.
Mayor Anderson opened the public hearing. No one spoke in
favor or in opposition.
Com or Maingot ved to close the public hearing.
Seconded by DeDUty Mayor Miller and carried by a
Cam er Maingot ved to approve at frst reading
Ordi ante No. 03-165] and first publio hearing end set the
August 4, 2003 as the second public hearing date.
Seconded by Deputy Mayor Miller and carried by a
unanimous roll cell vote.
J. The Planning Divixion of the Department of Commnniy
Scrv ends that the City Commission read by title
only, set August 4, 2003 as the public hearing date, and
approve f rst reeding of Ordinance No. 0}1658 for a Small
Scale Comprehm~sive Plan Future Land Use Map Amendment
(SPA 09-031 from County Industrial [o Gry Ltdnstrial for [he
property located at west side of CR 42] south of Dog'frack
Road.
Mr_ McLatchey read Ordinan« No. 03-1658 by title ~~ly-
MayorAndersonopenedtheDUblichearing No one spoke in
favor or in opposition.
CC 0]-2I-03/51 R
Com er Maingot oved to close the public hearing.
Seconded by Depmy Mayor Miller and carried by a
Come u Maingot moved to apProv al tlrst reading
and firs) publichearing date of Ordinance No. 03-1658 and
set the August 4, 2003 es the sewed public hearing date.
Sewnded by Deputy Mayor Miller and carried by a
unanimous roll call vote.
K. The Planning Division of [he Department of Community
Servl<es recommends that the City Commission read by Mlle
mdy, act August d, 2003 as the public hearing date, antl
approve first reading of Ordinance Na. 03-1659 fur a Small
Scale C,ompreliensive Plan Future Land Use Map Amendment
(SPA IC-03) from County Indnsu~ial to City Industrial for the
property Iotated at 1020 end 992 CR 42].
Mr. McLamhey read Ordinance No. U3-IG59 by title only.
Mayor Anderson opened the public hearing. No one spoke in
favor or m opposn~on.
Commisaiovar Maingot moved w close the public hearing.
Sewnded by Deputy Mayor Miller and carried by a
Com: e, Maingot ved to approve nt fits[ reading
and firs) public hearing date ofOrdina ce No. 03-1659 and
set the August 4, 2003 as tha sowed public hearing date
Sewnded by Deputy Mayor Miller and carried by a
unanimous roll call vote.
l.. The Planning Division of the Department o(Cnmmunity
Services reemnmevda that the City Commission read by title
only, set Augus(J, 2003 as the pnblic hearing date, antl
flpprove first reading of Ordinance Na. 03-1660 for a Small
Scale Comprehensive Plan Future I.antl Use Mvp Amendment
(SPA IS03) from County Commercial to City Cmieral
Commercial for the property Iv<flted at ]3H N. US highway
nln.
Mr. McLatchey read Ordinance No. 03-1660 by title only.
Mayor Anderson opened the public hearing. No one spoke in
Favor or in opposition.
CC O"1-21-03/519
Commissioner Maingot moved to close the public hearing.
Seconded by Deputy Mayor Miller and carried by a
Corr er MHingot moved to approv et first reading
and frst public hearing o[Ordinanw No. 03-1660 and set
the August 4.2003 as the second public hearing deter
Seconded by Deputy Mayor Miller and carried by a
unanimous roll call vote.
M. The Planning Division of the Department of Community
Services recommends that the City Commission read by title
only, set August 4, 2003 as the public hearing date, and
approve first reading of Ordinance No. O}1661 tarn Small
Seale Comprehensive Plan Future Land Use M:sp Amendment
I$PA 16-03) Crom County Commercial to City General
Commercial, for [he pmper[y located at 321 N. US Highway
1]N2.
Mr. McLatchey read Udinanee No. 01-1661 by Lille only.
Mayor Anderson opened the public hearinS. No one spoke in
favor or in opposition.
Commissioner Maingot moved to close the public hearing.
Seconded by Deputy Mayor Miller and carried by a
Com m Maingot ved to approv at first reading
and frst public hearing of Ordinance No. 03-I66I and set
the August 4, 2003 as the second public hearing dale.
Seconded by Deputy Mayor Miller and carried by a
uvanimous roll call vote.
N. Finance Division o[the Financial Services Department
mends the City Commission reed by title only, hold a
public hearing, and adopt Resalalion No. 03-10]4, which
onfirm a paving assessment for Hie East War m~ Ave
Road Paviag Assessment Area, establishes the assessment roll
and provitles for the mll¢ctiov of the assessment ov tht
property lax bills.
Mr. Metatchey read Resolmiov No- 03-10]4 by title only.
Mayor Anderson opened the public hearing. No one spoke in
favor or in opposition.
CC 0]-21 -03/520
Comm er Maingot oved to close the public hearing.
Sewnded by Deputy Mayor Millis and carried by e
Corn er Maingot ved to adopt Resolution No. 03-
10]4 esspresanted as Item 10 N_ Sewnded by Deputy
Mayor Millet
Deputy Mayor Miller voted in Section b, Paragraph A, a request to
olarify tha last sentence. He said die sentenw indicates to him that
av gat the whole thing bit IM every year at $25.00 per
boot foot~acwrding to the language
Mayor Anderson said the intention is that the maximum project
cost to a homeowner be a maximum of %25.00 Per front foot.
Chris Traber fiom Nabors, Giblin, & Nickerson responded to
Deputy Mayor Miller's inquiry and said the intern is to referevee
the rates set in the roll He said the $25.OD language is simply to
put the maximum in the document and said an additional two
mould be placed in the document. He said the real rates,
the Com is se [ing ere in rel'erevw to the roll in the back oC
the document~n
Mayor Anderson moved to amend the language in Section
b, Paragraph A by striking out,".. nual
e of $25.00 perfion[f t nthealast
Seconded by Deputy Mayor Miller and cam d by a
unantmovs roll call vote.
Main ouon carried as amended by a unanimous roll call
O. Finnnee Division of the Financial Services Depnnment
usds the Ltiry Com exd by title only, hold a
p~tbl~c hearing, and adopt Resolution No. 03-IO]5, which
onfirm is for the 2003 Wastewater
Assessment Arcawcatlablishes the assessment roll antl provides
for the eollxtian of the assessment oo the property taa bill .
Mr_ McLnwhey read Resolution No. 03-10]5 by title only-
Mayor Anderson opened the public hearing. No one spoke iv
I'awr or in opPOSition.
Commissioner Maingot moved to close the public (tearing.
Seconded by Uepury Mayor Miller and carried by a
CC 0]-2I -03/521
Deputy Mayor Miller moved to adopt Resolution No. 03-
10]5. Sewnd~ by Commissioner Maingot and tamed by
a unanimous roll call vote.
P. The Planning Division of the Community Services Department
ends the City Commission read by title only, see a
and public hearing date far Angnst 4,2003, and appro a the
first reading o[ Ordinance No. 02-1631, which amends the
Noosing Element (Stttinn VII) M the City's Comprehensive
Plan (CPA 01-02).
Mr_ Mcf.atchey read Ordinance No. 0'2-1611 by title only.
Mayor Anderson opened the public hearing. No one spoke in
favor or in opposition.
Commissioner Maingot moved to close the public hearing.
Seconded by Deputy Mayor Miller and carried by a
Commissioner Maingot moved to approve et frst reading
and frst public hearing of Ordinance No. 02-1631 and set
the second public hearinK date as Aub'ust 4, 2003.
Seconded by Depmy Mayor Miller and carried by e
unanimous roll call vote.
Q. The Finantt Division of the Financial Servitts Department
mends City Commission rentl by title Only anA adopt
Ordinance 0}t663 which amends the Fiscal Year 02/03
Budge
Mr_ McLatchey rea0 Ordinance No_ 03-1663 by title only.
Mayor Anderson opened the public hearing No one spoke in
favor or in opposition.
Com er Maingot ved to close the public bearing.
Seconded by Deputy Mayor Miller and carried by a
Mr. Drago said tbere has bcen a change in the scheduling of this
partialar event, and stated the event is now going ro be held in
October innead of luly. Fie rewmmended the Commission not
adopt the Ordinnnoe_ lie said he is Koing to pot funds in next
year s budget w rover the con of this event.
CC 0'J-21-03/522
Com er Bundym ved no oadopl Ordina ce0]-
1663mfSeconded by Comm~asioner Mxingot vnd carved by
'the City Commission recessed Itom 823 p:n_ to fl l2 p. m.
Mayor Anders said the represe es hum Progress Energy
have asked that Agenda Items 1 I Paend G be moved to the
beginning of the Regular Business because Mr. Raley had a flight
to catch.
Deputy Mayor Miller moved ro change the Agenda and ~o
allow hems t I P and G to be heard now under Regular
Business. Seconded by Commissioner Dnndy and carried
by a unanimous voice vote.
(I. REGULAR BUSINESS.
A. City Administrator requests the City Commission review and
adopt Resolution No.0310'/'I approving the Neighborhood
Improvements Assessment Program.
Mr. Mctatchey read Resolution No. 03-10'1] by title only.
Mr. Drxgo introduced the board ite and said tha~~his s:he
Resolution that formally adopts the Neighborhood Improv
Assessment Program Ihes the Commission reviewed al theen9`nts
sting- lie saidthat aRer adoptin6 the RusolutioN Ibis will be
brought bank m the Commission with more speciCmarions, relative
is the homeowners will bare versus what vests the city will
bare~sfor each program.
Deputy Mayor Miller moved so adopt Resolution No.lll-
IO». Seconded by Commissioner Bundy and tamed by x
unanimous roll call vote.
0. The Ylan ing Oivi ~ of the Community Serviees Depnr enf
ends the City COm and disc when
Table of Allowable Uses for ~,he Downtown Ilislnric Overlay
Dist as m iaemirr an e.van ~ or,° ° o-mnnn erv nr
aroa~n~aaon ro^ me mtrrear almwsmn..:e:.
Mr Drago introduced the board item and said at the lone 23i°
sing, the Comm tabled this' end asked the smlfto
bong it forward with some speaficity1ehle stxtM as Ihat timq the
Comm es goivgto cheok off which uses they did or did no
ntha District He said the beak two pages of the board item
e chart that has the Historic District with tl~e uses for the
Commission to check ofi He said she Commission has that task
CC 07-21-03/523
and the rack of sealing whar is wholesale, distribution, and
archon e. He anggmed going down me list and coming ro a
n whar the Commission is agreeable to_ He said the
es that the Commission is not agraeable to: the Commission
~hould go back and discuss them one by one.
Commrssronu Maingot stared the Commission would have to go
through the las[ [wo pages and f I I in the blanks in the column
marked Historic District.
Deputy Mayor Miller inquired why was tha Commission dorvg this
if it's already laid our in the document. hia said that is [he law and
the Commission is doing this because a few people do not like
what someone is doing in the Histono Distnu. He said if chat is
theca why doe tthe COmm~tS~On just vote on that one issne
and ¢e n with it.
Mayor Avderson responded saying yes the Commission is here
because of a speci/lo property that has complaints fled egaiust
them on what ie and whar is not allowed on that property- hie said
the Commission has been dancing around this issue antl keeps
putting off makingadaoieion. He said the Commission was going
o make a decision at the last meeting, but the Commission did nor
have [he inform whichw requested. He suggested espying
the Dow velum atha Mist tic Dist columv and then
the Commrssmn can discuss one issue at a trine.
Coin er Lov rand said he looked at the pier and stated
the P cruresndon't telltthe whole story- lie pointed out that what
was being done is off the srraet and on the person's propeny. He
tared this unique and understands it happens 18
s a year. aHe crated neighbors have to work togr+her and get
along with each other rnsread of pointing fingers and fading fault.
Deputy Mayor Miller said by looking at the last four picrurea, They
nothing like the frst four pier s. He saiA M1e agreed with
Commissionu Lovesrrand and saidrhe Commission should let rho
neighbors work it out among themselves.
Com er Maingor rated it was his opini nthat this is trens-
shipmetopere and the number ofrim shat it happens per
year is hnmaterialn kle stated this is not the type o[business the
Commission should want in the llistonc District. He said this
opwa wde violation btt it deplues the lumber oP
vailable parking specea hle saidnthe Commission haz to
safeguard andfnnher enlrancethe Historic Distriu. He stated he
cannot go alon6 with this issue.
CCOp-2I-VlI52P
Mayor Anders rated ce ainly he could se where teighbor
ould hav a p~oblem with what is 6 mg of n the tlrst pier e. He
said in the last pictures, someone is making a delivery and the
delivery is being taken indoors Ne said this isn question of how
does Ne Commission want to define and enforoethinga He said
this business is asking what they need to do to come tmo
compliance so they can wntinue doing business and remove the
impac[on the neighborhood. Mayor Anderson stated he hoped the
Commission could find a way to help these people come iuto
wmpliance and protect the neighborhood.
Comm er Lov and suggested buildinK a six or eight foot
knee to m~nimrze the impact on their neighbors.
Mayor Anderson stated they have offered to build a detached
garage.
Commissioner Bundy stated the Commission is going to have to
eachadefnition in order to mlvethis problem rte inquired how
many deliveries constitute wholesaling Ffa said they couldn't just
let the neighbors work it out and said you couldn t Hide something
if it's against the wda He.nated if it's against the code it's
against the code. If the wda is bad or poorly written, he suggesred
changinK the code. Commissioner Rundy Hated that at the
Historic Preservation Board meeting. they stated the business was
going to beasales and admi notfce only, and they did
their break dow pother lore n fie requested
recommendationsakomrhe Plann ng Departmem and the Attorney.
Deputy Mayor Miller stated he agreed with Commissioner Rundy.
He said everyone has endency to wholesale i nally_
tle said before he vot stand makes any decision regarding this
r he s ated the Com n needs a clear plan from the
Planning Depart and lhet is approved by the City Attorney-
tla said then the Commission could review it Por their
wnsideretron and suggested tabling th's item
Deputy Mayor Miller moved ro table the item and w have
the City Administrator and the Planning Department meet
with the City Auomey and prepare their reoommandations
ofse erel options end to makee ethe language is correct
and enforceable. Sewnded by Commissioner Lovestrand
Mr. Lovestrand seconded the motion to table
Discussion ensued regarding the ways this matter should be
approached.
CC 0~~2I-03/525
Com wMaingot oved to end them ring for
additiona130 minutes. SecondeA by Deputy Mayor Millean
and carried by a unanimous voice vote.
Deputy Mayor Miller suggexted a Work Session be scheduled on
this subject so both the owner and other members of the Historic
Dismal work the bugs out an this subject matter.
Mori ried byaf ur to with
Commissioner Lovonrand vot ng nay,vo
C. Fire Division of (he Publi<Safety Department rwommends the
City Commission read by title only, set August 4, 3003 as the
Public Hearing date, and approve the irsl reading of
Ordinance No. 011664 amending Section 2-163 of the City
Code amending Me ambulance transport feea.
Mr. McLarchey read Ordinance No. 03-1664 by tide only.
Deputy Mayor 4fillw moved [o approve Ordinance 03-
1664 on flrsl reading and set August 4, 2003 az the Public
Bearing date. Sewnded by Commissioner Maingot and
cartied by a unanimous roll call vote.
D. The Engineering Division of the Community Services
Department recommendx the Cily Commixsim~ read by tile.
only, set August 4, 2003 as the public hearing date, antl
approve first reading of Ordinance No. 011665 to readopt
Chapter 24, Stormwa[er Management, of the tungwood Cily
coact.
Mr. McLatchey read Ordinance No. 03-1665 by Title only.
Com er Maingot moved to approve
Ordi once No. 03-1665 on the first reading and ut
Augur 4, 2003 as the public hearing. Sewnded by
Deputy Mayor Miller and tamed by four to one col I
call vote with Commissioner Lovestrand voting
nay.
E. Polio Division of the Pubiir Safety Department recommw~ds
the City Com and disc staling request [or
the Police Division andelake the action the Commission tleems
appropriate.
Mr. Drago introduced the board item and stated a~ the last meeting,
Commissioner Dundy asked that the Commission review a sreRng
request from the Police Division that was not presented to the
CC 0)-21-031526
Commission nn lone 1G, 2003. Mr. Drago said the Commission
agreed with the staffing request end asked tho Police Chief to write
mo justifying the s[a~ng that he would have requested in his
original budget Vroposal_ Mr. Drago said if'the Commission had
any qua s, the Police Chief would come forward and answer
the questions.
Com er Lovestrand stated for the rewrd, he is against
having aa5<hool Resource Offiner at Longwood Elementary and
said [he School Board should participate and pay half He stated
the rerource oRCera should be Sheriff s Deputies as they xre in
other schools and in most towns. He disagreed with going ahead
n the Reso ee Once nthe elementary school since the School
Hoard will not Danicipate with city.
Mr. Drago stated that particular item was on the June 16'" list That
as give o[he Com and said the Com ould re
sit the ssue Hesaid then the issue would be the two police
office and said the dollar figure that is pres nted to the
Comm?ssiou is the curtent dollar [gore. Hesaid if he wereto
project next year's budge) dollar figure that would inGude benefits,
all the gear the policeoffice s need and not including ce s; the
[gore ould be alone to $100,000 for the two officers not the
$68.000.
Com er Maingot asked where the city is finding them nay
fbr all of th s.
Mr. Drago statM Mrs. Mitchell mould help him out and said there
would be three options. Hesaid Option I: the Commission could
take it om of reserves; Option 2. take gmal I World Perk out of the
budget or theimpro othe Gateway tothe Histo is District
and that could equalvyour olfce and Option 3: the Commission
ould do a rity budget and Give no pay raises to the
em0loYees andscould probably save $100,000.
Cou er Lovestrand stated regarding those oDno s, ha would
liketo ofP oanother option. He said si othe cityisat the sa
and the city would be collectingcan additional $300,000.
He said the additional money helps on con of living and on some
oPthese items, and the city would be collecting the Yz cent sales tax
for nods, which would give nthe Road Facilities
fund. He said there re lots of places to cut withou saying the city
c 't give any raisesa
Mr. Drago said the road is a separate fund and the I E sales tax has
nothing w do with the General Fund relative to improvements to
aeleries, fiinge benefits, etc.
CC 01-2I-03/52")
Mayor Anderson stated the city funds the roads out ofthat special
fund, and doesn't dip inw the General Fund to pay for roads and
nsidered lhatofflimi~s. Regarding the city collecting an
additional $300,000, he said the oily annexed a Im more properties
to the oi~y end those properties appreciated That the city was
providing additional se s. He saidthe answer is not to simply
say the money is there,. m'mawhere He said he has been waiting
patiently for three years f r anion on the parks, and every year he
hears that they will be done in year 2003 or 2004 and he kceps
ring. Mayor Anders said it o address the parks and
expressed that it wasn't aaeptable to say the city is going to put it
off He noted he has seen an ioerease in the insurance costs for
health ca and liability insurano while she cry's revenues have
declined bete ethe city has either gon with the roll-back ra
reduced the millage r e. He said the city has been even or slightly
losing revenues because expenses keep increasing.
Com er Rundy said there is another option. He said with
the recen[ouiremem ofthe Direuor of Riblic Safzty, and said
although this is a Charter position, There is nothing in the Chaser
That says the City Administrator mould not hold that positio2 He
said the City Administrator is a Certified Fire Fighmr
Administrator. He said wish size oCLOngweod. he fel~tha city
didn't need that posi[ioq but it was in the Charter and They
eepted it He said the salary and benefits for that posh
5100,000 and said the city would be ahead spending it onothe
officers Commissioner 6undy stated instead oPone person
reporting to the Clty Administretor, he would have two people
reportinK to hint He said this is something the Commission
needed to consider and said it was a viable option Io him.
Commissioner Meingoi said hewould go along with
Com er LOV rend in softha School Reso ceOffice
for Longwood Elementary. He said in terms of the two additional
officers, he would like the Admioisnator to tall the Commission
where the funds Por theoRce miog fion so he could feel
omfortable in going aloog with Ibis oitem. He said the
Commission ie looking Por improvement in the handling oftraffic
v~d speed wntrol, and commeodad the Police Chief end the o~har
officers on their improvements.
Mayor Anderson suggested doing away with the Director of Public
Safety position, and didn't think the posi~ion was necessary and
added value to the citizens. He inquired to the Admininmtor and
asked why the Administrator couldn't hold the Director of Public
Safety pos ce hewas qualifed. He said the Administrator
asked the labor anomey about this issue and said Florida prohibits
CC 07-21-03/528
dual office holding. He said sincethe pos nthe
Chart r, the Comm wish the posi~oneaweysevd uu that
nay elsewhere. rHe'saidaf the Commission wanted to fnd
nay in the budget to fund the officers, they would have to
remove items from the budget.
Commissioner Lovestrana stated [hat Mr. Baker's salary would
[eke c e of I- z to 2 ofhcus. He.suggested if the Commission is
n agree eat. men maybe me epmmiaemn anewa aired me
Admi to bring forthaChatterAmendmem ro eliminate the
position and put it on dra ballot tbrthis fall.
Deputy Mayor Miller sorted everyone's points were well taken.
He pointed out that the oity has anuexad a lot of property into the
city in the last Iwo years and these properties have to have polioe
prof n, fie prof and public works. He said [he city is
growing and the buses regaining in sity, and with the
growth there is a lot'more traffic and speedi~ngn He said the fact is
the city owes the people two additional offcera and stated they are
neWed.
Deputy Mayor Miller moved to direct the Ciry
Adminis[reror to brivg fixward a Chaney Amendmem for
the next ballot to eliminatethe position of Public SePwy
Director. Seconded by Commissioner pundy.
Deputy Mayor Miller said he though) the Commission had the
authority to appoint the City Administrator as interim Publio
Safety Diraror until such time as that ballot measure is brought
forward. He said he wasn't sure but thought the Commission
could do this if it is done by Ordinance.
Commissioner Bundy stated he thought the Commission mould not
appoint the Adminimator as interim because he thought the
Comm mold not appoim anyone as interim. He stated sieve
the Publle Safy Director is under the Administrator and in order
m dv so, the Comm ould hav atii~ihe posuron asrt
was done with the DiremorroPPinance position
Comm a love mnd moved w extend the meeting for
n additional IS m s Seconded by Com oar
Maingot and carried by a unanimous voice votessi
Deputy Mayor Miller amended his motion to ask the
Administrator to bring forth the Charter Amendment to
eliminate the Director of public Safety position and to
elevate the positions of Polioe Chief to department heed
CC 07-21-03/529
and the Fire Chief to department head. Seconded by
Com er LOV and.
Mr. Dingo s ated the t mingsoCthe m t appropna and
said as fir as [hei eof the Public Safely Director pus
erred. he said did not rte i to appoint o the position
bee n the organ nal chart that posit o the
City Admi r. ~He said ultimately he is'responsible and smted
bee se that posit is left va t-the depart to him
forfnal dec s, final conclus and advic c~olie
suggested thelCon ould be ben roR'apending then nay
w improve the cmrwt sale es then taking on thetwo new officers.
Amended moron carzied by e ununtmoua voice vote.
Deputy Mayor Miller moved to approve one officer.
Seconded Fy Commissioner Maingot.
Diswssion ensued regarding the odditionel funding needed I'or the
police officers positiortc
Motion carzied by a four to one roll cal I wte with Mayor
Anderson voting nay.
F. City Atlministrntor rxommends the City Commission review
and Jiacuss the proposed Senlement Agreement between the
City and Progress Energy and take action the Commission
deems appropriate.
Mr. Drago introduced the board item and stated that Mr. Taylor
provided the Com with a mo doled July I l'" relative to
both dowmoms. Ha said Mr_ Taylor looked at the Senlement
Agreement and found it to be in order relativeto the agreed upon
language change that was discussed between Mr_ Raley and the
City Commission at the July ]'"meting Hesaid this agreemwtis
for the Com and to ask any
quest s. Hesaid if the Com wishes, the agreem
will be placed oo the nett agenda and w II be tied in with the u
Ordinance.
Deputy Mayor Miller moved to accept the Settlement
Agreement Aetween the City end Progress Energy and to be
placed on the agenda at the next meeting. Sewuded by
Commissioner Lovenrand.
Mayor Anderson stated this is not the right thing to do.
CC 0]-21 03/530
Corn er Maingot said he goes along with Mayor Anderson's
well. He said he haz regarding
one of the mmponnnts end therefore he cannolago along with it-
Commissioner Lovastravd said with wmpromisa everyone will
a bee tirelY 6apPY-Hesaid it' salt of compro end it'
always second best veryone s mind. He said it has been given s
and rakeq end notednha imands to vote on the ageement.
Motion carried by a three to two roll cell vote with Mayor
Anderson and Commissioner Maingot sing nay.
G. City Administrator recommends YM1e City Commission read by
tide only, seI Angitst d, 3003 as Ue public hearing data find
approvcthe pirst Reading of Ordinance03-1666 granting
Florida Power Corporation a nan exclusive eltttric utility
franchise.
Mr. McLatchey read Ordinance No. 03-1686 by title only.
Deputy Mayor Miller moved to approve Ordinance No. Ol-
I666 bash on the amended lever that was sent by the City
Attorney dated luly I8'" at first reading and set a public
hearing date for Aub st 4, 2003- Seconded by
commiaaioner Lo~eatrana.
Commissioner Maingot raforred to Section 6 (C) and eaid he is of
the opinion this seuion provides for an exception and should be
referenced in Section I I. He said it addresses the sliorteninb ofthe
rm of the &anchuse fee in the everts that any other new 6enehises
are entered of a shorter term.
Mayor Anderson asked for clarifcation and said in Section I I,
where t states, "The panic tually declare and acknowledge
that rhel4yeer year rum of this franohise ably
linked..:', it seems ifthe Commission proceeded under Section 6.
I~avored Nations and iP the Commission was able to shonen the
rm oCthe Ranohise through PE giving it to someone else and iC
the oily accepted the shorter term, then the city could uhimately
loose the right to purchase.
Deputy Mayor Miller said the city has the right ro purchase after
30-years. He said the 30-years do not change because of the early
severability.
Corn er Maingot expressed his thoughts in ant ring intoa
30-y nraterm with PE
CC 0]-2I-03/531
Commissiovu Bundy addressed Section {land said he is a Iinle
wmfortabla bec it doe referen ethe Favored Nations.
ties es he wouldalike to see that excerpt under Favored Nations
and said it seams Seetiov I1 and Section 6 (C) is ar odds.v~th each
other. He then addressed the issue of the fan<hise fees.
Deputy Mayor Miller said he has where
gov vt did something ben rihan pr~ainduatry. He said it
wally ends up costinS about {0 times more and provides too little
of service. He said he does not think there would much chance
that franchise f s would be taken away because phones, cable.
and every other service that is performed is in the rights of way in
the City of Longwood- He said he does not think the federal
gov any other govemmemal entity is going to dothat
and because ha believes this will never happen, ha expressed he is
n t opposed m v ring in favor of this agreement.
Com er Lov and said if the gov owlaws
fanehise Peas Ibransolvetno mmpeoy in the future, Mis would be
less taxes for the people He said if the city could eliminate the
kanchisef ,sheathe oily would be practicingalittle austerity.
Ile stateA he received a sewnA on that motion but it failed- Ha xtill
ns tbat iftha airy did vot collect the trenohise Cees, then the
i tyncoulA get by, and would do it with austerity or f nd other
Mayor Anderson said lie is mourned and said the city should not
lock into any provider of services for a term of i0 years. I le said
he has a problem with the t'aot that the oily oan'e ge[ any urviu
guar with this t Even though PE says they are held
arable to the public Service Commission. he f Is he is not
erved by that wmmission. He said he considers thisalost
opportunity for the city on both fine cial and au arability fien
He said the city can raise the funds, pay Por the project, and deed i
those physical assets over to PE. But the city would not own those
physical as what that sof this city would Day to build or
t. He noted he hasanumber ofprablems still with the
language in the mnvac~
Commissioner Maingot said he mncurcN with what Mayor
Anderson stated. He said looking the city ivto this 30-year
fanchise agreemem denies the city the opportunity for securing
what is best for thepmplein the Ions term. He said he cannot
st the PSC and the reliability ofPF, to our people. He said he
vould go along with this if there were additional guarameex He
mends PE and his (allow Commissioners for working
diligently on this and expressed that they are almost there. and not
to betray the rust ofourpmple Ile thanked PF.'fur meeting the
CC 0'1-21-03/532
Commission half way in regards to no[ re-charging the citieens the
franchise fees which they opted not ro wllect. He noted he could
not go along with locking the city into 30.years with no way out in
the evmtt that something Iteppens and eausea the city grief
Com er 6undy moved to amend Section 1 I to
in~lnae~n~.vnrantg ~E.eepnne pan ally declare
ana anknowleage mat me 3o-rear reerorrm of mis
franchise are inextrioebly linked except where affected by
Section fi (C)"- Sewndad by Deputy Mayor Miller and
carzied by a unanimous roll call vote
Main motion rarzied by a three to two roll cal I vote with
Mayor Anderson and Commissioner Maingot voting nay.
H. City AAminiafromr ruommeods the City Commission approve
Ihe. Health insuranre plans with Ilnmana.
Mr. Drab'o introduced board item and said the city received its
wal noticefrom Rlne Cross and Rlae Shield. He said the
wal notice had risen 25% and knew the budget wuldn't handle
theeincrease. He said prior to that. the city has had union
negotiations and the unions have requested the city to pay for
single wveragc and 50% for dependants He said he went
shopping and is ending the three that are listed on the
agenda for couples oPre s. I)keeps the cost at its arrem level
and thus is no increase to the bndgra and 2) ante to get a third plan
for singles only. He said he spoke to several cities that Fave
Humana and said they are good at handling claims. He said this is
like the garbage contract and said if it doesn't work out this year
then it can change next year. He rewmmended the three health
plans from Humana along with the four items that is on the board
Hem relative to the costing
Deputy Mayor Miller moved to accept the City
AdministratoTa recommendations with regards to health
wveragc. Sewnded by Commissioner Bundy.
Mr. Drago a wend qua and concerns fiom Commission
regazding Humana's coverage
12. CITYATTORNEY'S REPORT. No report.
13. CITY CLERK'S REPORT. No repon.
CC O) 21A3/533
14. ADJOURN. Mayor Anduson edjoumed she meeting a~lOSO pm.
~~ a~
Dnniel ]. Anderso , Ma oyoy r
ATI'ES
~~ //'! ,
Sarah M M~jemz City Clerk
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