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CCMtg07-07-03MinLONGWOOD CITY COMMISSION Longwood Ciry Commission Chambers l75 West Werrev Avrnve Longwood, Florida MINUTES JULY 7, 2003 7:00 P. M. Present: Mayor Dan Andervan Deputy Mnyar Steve Miller Com er Bureli linndy Com er John C. Maingot Com er Paul LOVes(rand Richard S~'faylor, Jr., Ciry Attorney John J. Dragq Ciry AAministrator Sarah M. Mijares, City Clerk Tom Smith, Divlslmi Manager of Streets/Elect Jay Sargent. Division Manger of Planning Chief Tam Jackson, Police Uepnrtmem Moni<n Mitchell, Direcmr of Financial Services Joho Brack Dlrectar of Commnoity Services I. CALL TO ORDER. Mayor Anderson calledaregular meeting to order at ] 06 Pm. 2. Amo~oemto[SILENT MEDITATION was FOLLOW ED RY THE PLEDGE OF ALLEGIANCE. 3. COMMUNEfY ANNOUNCEMENTS. The following announcement was made. A. A R/ue G~rzs.s Pickin' will be hell on July 19, 2003 from 6:00 p.m. until 10:00 p.m., Longwood Community Building, 200 Wes[ Warren Avenue. 1 RECOGNITIONS. A. District pS Nomination of the Business Person of [he Month Award for.loly 2003. Com er Lovestmnd nominated Shabir Manji, partner anagersof Fairmom plaza. 600 North Highway 1]-92. Carried by CC 0]-0'I-175/486 5. BOARD APPOINTM&N2S. A. DiNriet tt2 Nomination to the Bonrd of Adjuatment Mnyor Anderson deferred his nomination. B. District N4 Nomination to the Parks and Recreation Advisory Board. Commissioner Bundy deferred his nomination. 6. PDBLIC INPUT. A. Publir Participation. ' @pQtgw_N£I~Qn, 640 Landings Place, distributed information to the City Commission and spoke in ray rds to the water dreinake problem within The Landings. He eatd recently the retention pond fllled to a level [het caused bank Flow of dtainagew to ko through then et drei and to the properties within ]he Landings and Highlotnt Hi!]s. Hanasked that the City of Longwood re wbolh thedrainage syste and the repaciry of the retention pond and tovcorrett any problems to prevent future ovuflowc I'm Lockhart, 341 Tenon S[reet, stated that he agrees with what Mr. Nelson had to say. Tim 9c~aass 902 McClintock Street, spoke in regards ro the recent flooding in High(mrct Ni]Ae_ He said when he had moved ineo Highland Nils in 1981 the subdivision had both a front and rear retention pond. He said in the Irate 198o's en engineer had visited the aubdivision and the front on pond was removed and was replaced with a drain in the middle. Heeseid the property wns reGeimed as e park end tho property sloped wards the drain, which caused Flooding to the back part of the o ighborhood. He said since the 6ont re[ention pond has been removed. the back part of(he neighborhood hasflooded with minor rains. He said both The /m~d(rgs end High/nnd Hil(r nwd a solution w tFis problem. Mart v P.dwarda 344 Taney StreoS distributed soma pictures to the Commission of his property and stated they have been Bonded a few s. He said he is wncemed about the safety of his children and access w his Property. Kevin Lees, 329 Loch Lomond Avenue, distributed some pier and questioned if so as getting paid to nthe rwentia~pond. He said when the flood rag occurzed all ofthe garbake Floated against the f c and hoc of bean picked up in three weeks- He asked that the mmn(wance iesue be addressed. CC 01-01-03/48'1 1ghP @i8t„lipe, 4'10 Village Place, stated when he had purchased his property. the City of Longwood had a code that protected the property s. He stated since then the ciry has strengthened the mode and p operty values have ivereased He emphasized that the city has a responsibility to maintain the Historic District so the property values do not deteriorate. loan Ridilla, 218 West Church Avenue, stated she is addressing the issue oPwamhouse distriburing that is being don other rof Mllwe Sweet end C,hurclr Avenue She aeked the Clty Commission to adhere to the city code and vot allow this type of activity to goon within the District. She handed a peti r v to [he City Commissionwith signatures oP people who share her view~o loan Mant , 216 & 242 West Warren Avenue, stated she eoncurted with the last two speakers. $ovdra Lomax, 1441 Perrot Way, spoke in regards to the Hiatonc District Codes and stated the Historic Preservation Board has worked very M1ard with the Planning Department to wma up with nodes Por the Historic Uist c She said every other Monday night, she observes the modes being slaughtered, taken away, and ignored. She encouraged the Commission to carefully review this issue P4ngg$yLtIY, ~2I EaSle Avenue, spoke in regards m the Historic District Code4 She said at the last Work Session the Commission was inttteste4 n slim Ling any fine or penalties for demolition ofa wntributing and changingsrhe allowable uses that would allow wholesale distribution within the Historic Dietriu. She stated the oprrent and proposed codes prohibit these activities wirhin the Disvim because they ited far the s unding uses. She said to change the codes modate l'or one si~ation. will open the possibilities of others t engaging in miler and will destroy the park like atmoaphue within the District. Sherewmmended the Commission reeonsidutheir position. Nadine Tolos, l l6 Heather Avenue. said both the corporated and corporxted ar s ofLongwood have bee experi sing m tary power oumges thet~are causing people to reset their electronics and also damaging their elec is equipme t. She said her hom ce of going w epPrec nothuclaim end stated she ~ ongoing romn crept [he theory that squirzels antl othu animals are ueazivg these power uteges. She said the power outages are now the norm and requested that something be done. Susan Brokowskv, 409 W finding Oak Lane, stated currently the city has the worst garbage company- Shesaid at the Work Session Florida Recycling stated they were making improvemems and on Tuesday CCtl7-0"f-03/488 sing she found her garbage cans in the middle of her yard. She then endorsed Waste Pm and wanted to ask Waste Yro a ooople of questions. Glenn liobere, 539'fiberon Cove Road, stated that he moved 6om Jacksonville to Longwood about two years ago- tieseid Advanced Disposal serviced Jacksonville and provided them with a high level of e He stated he would like to see Advanced Disposal earzy out that samectradition in the City ofLOngwood. ]. CITY Al1MINISTRATOR'S RF',PORT. No report. A. MAYOR AND COMMISSIONERS'REPORT. District kI. Commissionw Maingot said on Sunday, lone 22i°_ the on pond at Tartan in Highland Hills compleely flooded. with over wo ket otwater in the roadway. He said there were sand bags Dlacul at the home adjacent w the retention pond, end the water did not get into home. He stated he spoketo tho resides in the area anA also to Tom Smith- He then oongratulated'tutu Smith and the members ofthe Public Works Department for doing a good job on such short notice. Com er Maingot said [he Phillip si sadjacent to the Longwood Canal had water in their garage and their yard area was completely Flooded. lie said it was not flooded by the canal but by water from the swel I that Flows along the side of Tullis Avume end (lowing directly into their propetty- He said when thetima comev to do work in [hat area that mia situation wiu be corzeaea- Commissioner Maingot said at Lake Waymen [he water level had raised nsiderably due to the recent heavy rains. He uid the measure at the d icharge at Bem nolew enty-two inches rthe concrete bar. He recommended when Somi~volte its being paved and the drainage system is heing improved that the discharge area is enlarged w handle the eased volume of inflow and that will reduce the retention pressure on Lake Waymen. Commissioner Maingot said Tom Smith cheGed oul the drainage ditch located behind the Bentley Property and smted the area is a real disaster. He said the pipe was blocked by debris that was reposedly dumped by the residents backing onto [he ditoh Hesaid the homes located on I I S and 117 Hoffa Wxy received extensive water damage. He recommended the residents along the ditch receive some form ofcommunieation making them awetethat it is illegal to dump trash into the ditch. Com er Maingot said the drainage ditch located on Church Avenue at Country Club Pw WorIU was filled with debris and Mewooden bridge located over the ditch needs to have its foundation checked because there ring He then requested that the Commission receive a preventative ma ntenance sphedule through the Gty Administrator, so CC 0]-07-0i/g89 the Com ethers aregime ofongoing prev - e, He said [his' cceptable s avd something mus[ibe done about it. Hethen read excerpts Y}omtthe minutes of]u1y 20. 1998 and 1999 in regards to High/ned Hills. He said a atomrwater fhnd is wllected from thec end asked that this nay be putto use and mvast m thewell being of the people end their futu~e~ District#2. Mayor Andeson said the city recently received two big rein mrs beck to back, which caused State Road 434 and County RoaU All to Flood. He said [he Public Works Department was tryivg to get debris while the Police Depart strying to keep drivers from the deepest pan oPthe wetor_ }le setd he was extremely conwrned until he had spoken with Mr Brock and Mr. 6rock slated the city received eight inches of ra within a three hour period- He said this is not a normal probluntl~etn~he city is dealing with', and the systems Nne cried ae designed because the water levels have bone down prenY quickly. He looked at the pim es hom the [aeMntgx end they show there is a aamevdws builduup ofweter end this should be looked at Mayor Anderson congratulated the Police Department for apprehending the person responsible for the nagedy in the city recently had Mayor Anderson congratulated the Public Works Department far responding quickly and providing back-up generators when they were experiencing power outages over [he holiday weekend. District Yt3. DePUty Mayor Millis stated [hat some oPthe drainage problems have been cured and some have not. He said the problem in HlghlnM Hills has existed since 1991 or 1992 and stated this problem has er bee Improved, nor has there been athorough solution to the problem. n Deputy Mayor Miller moved to have two meetings from w, the City Administrator bring forward to the City Commission for their review end dieassiov some proper solutions to the proheem of Flooding in High/m Id Hihs subdivision and'f'he Highlmlds. SewndeA by Com Issloner Maingot aM carried by x unanimous voice District N9. Commissioner Bandy congratulated the Police Department for solving the murder at the convenience store. He said in disassions with the Chief the Community Police Officer had inspected the video ra less than two weeks prio oche crime. which helped in the apprehension of the person responsibleE the crime. Commissionu Bundy said at the last Commission meeting, the City Adminlstator presented the personnel and capital expenditures over CC U]-O]-03/490 $IO,o00. Fie said Deputy Mayor Miller questioned the addition of only ne police officer and said he had questioned ihis isvua also. He sold vince then he has ned a meeting wim ma Chief and teamed that the Chief does need additional peisonneL Commissioner Bundy moved m have the Chief bring forvvard at the next Cummiesion mewing xnd Present his an power needs. Seconded by Deputy Mayor Miller and renied by a unanimous voice vote. District NS. Commissioner Lovesfmnd said Devonshire is well drained by Highland Lake North and with the recent rains if has reached a new height. He noted these sins do not happen every year, but once every 20 years. 9. CONSENT AGENDA. A. Approve Minutes of Jnne 9, 2003 WOrk Session and Jone ih, 2003 Regular Meeting. 6. Fioa ce Division of the Financial Servires Department ends payment of apnraveA and eslimamd bills far July znd3~m c. 'rue uaraea Di.irmn nr me rnmm Work: Dennrmfem onaa me city carom n apnrove me many oaaentem and agree with JeR Ansbacn. and nntharixe the Mayor to sigh the otiliry easement and agr¢emud. Commissioner Bundy moved w approve the Consent Agenda as submitted. Sewnded by Denufy Mayor Miller and carried by a unanimous voice vote. io. PDDLFC HEARINGS. None. il. REGULAR DUSFNESS. A. City Administrator requests the City Commission review the proposed Subdivision Renntifcation Assessment I'rngram and give stag the diratiao it deuvs appropriate. Mr. Dingo introduced the board item and surfed at the lazt meet ing the Commission asked that this item he tableA in order for them to svnay mehem mrtner. He raid mat foogwood Grov~ia iinereated wing wall and a regulaz wail along their property on Church Avenue, on wltioh he said he enoiosed some dncumunation. He said the board item is for the Commission fo consider setting a beeuf ifioa on dirt-a for both them end fhu Capital coats COr improving subdivisions. This program paves the way fo CC 0]0'1-OJ/49I er both the maintenance most and capital costs for those sea projects. Deputy Mayor Miller moved ro aaept the City Admi endati stablishing Subdivision Beautification Assessment program as outlined in the document. Seconded by Mayor Anderson. Com er Lov and said when the COm mlks abou wallamhesstated this mould beetremendons expens which could take years to pay off lie said the Commission sho ild not allow people to go into debt over a cenein period and suggested fittuan years be the maximum to pay off the debt. He also suggested that Me comfort level should be ohangod fiom 51 % to 60%. eemmirrmner Woody raid ne agreed wan eommirrro„er Loveatrand on [hecomfart level being changed m 60% and suggested that the comfort level beset at an even higher number. Con er Maingot said he also agreed with the 60% mendation He said the oapitel oomponut can be handled with the non-ad valorem assessment. He said he did not agreewith the maintenance component and said the maintenance should be a line item that shwld be added to the monthly water bill He said if the oity gets pother Ciry Administrator who may not he wrned w t landscaping. what a the hop rs going to do ifthey have prepaid and sees level of m ether ently below standard. He added satying when a homeowner pays for this service they should have a right to question the input ar level of maintenance witnout a specified program being iu place. tie said if it does not meet the standard, then ,vomwhing should be included where they weld terminate [he agreement He said he would cenainly not go along wish the maintenance orporated with the oapitel component and said these should be addressed as two different areas. Commissioner Bundy noted that come pwple skip out on the water bills and the cost of delinquent awounts'is spread to all those who do pay their water bills. lie noted on the egaude item tear the City Administrator hasestablished snot-tocxwed amount Pot beautification maimenanaa He slated he did not want another line m added to the water bill and said if they do not pay it. then it is added to the progeny. Mayor Anderson said the City Administrator has addressed the n ofparticipati and read a brief se ce from the board r~rHe then explained that the representatives from the FIOA would be involved in the initial design ofthe capital phase and CC 0]-0)-03/492 each year they would be involved in the process of deciding what planting should be planted. Fle said his onty concern is that the city needs to define a mt-to-exceed amount, and acost-per-frot needs [o be established so both the people and the Commission have a comfort level. He said he was in full favor of the 60°u and noted that he did not agree with the propesry owners having to deed the properly to the city. Comm ar Maingot read an verpt DOm the agendai avd said [hosrequir is Por the m oe port will vary fiom e. He noted them will bee s [hat will take e lottof m rial avd ther will bee es [hatewill take next nothing. He staid there will be quite a range wiM the cost-pu- square-foot, and noted that there should be a little more wntrol on the beautification maintenance wmponent. Mayor Anderson said since it rakes b0% to begin this prgecL he suggested there be some form of exit plan for the mainenance wmponen[ of the conttap~ Mr. Drego said by this item being placed on the taz bills, tl,e city is always collecting taxes in the rear Hesaid if yon add walls to the program, then the Commission cannot allow for an out option bee se the wall beloogs[o thecity. and maimeutence is attached to thewall unless there is an azsmance that the HOA is going to take fVll responsibility for everything. He said every year the omponent must be enacted by either an Ordinance or Resolutioncesreblishivg an assessmuu. Deputy Mayor Miller moved to amend the document to read instead of 51 % to 60%. Seconded by Commissionu Bundy. Disc suedtegaNing property owners giving permission to the airy tovuse their propenY for the beautification project Cor their subdivision. The amendment was carried by a unanimous voice vote. The main motion was carried by a unanimous roll call vote. B. The Engineering Division of the COmmnnity Services Department rvsommentls that the C'ty Commission discuss readapting Chapter 24, Stormwater Management, of the Longwood City Cade Mr_Drago introduced the board its and explained the Stormwater Management Program will expire on October 1, 2003. He said he CC O]-0'I-031493 brought this mforward to elf the Comm vtad to to the program and if they did, a proper Ordii ante would be brought forward to wvtinue this program Deputy Mayvr Miller moved to continue and readopt the gtormwetur Management Program Seconded by Commissioner Maingot_ Com er Lov mnd said ten yea s ago the Storm er Fund toted ana s~ia me cemmiaaro~ wa: role at a,at amt me ounry was going to pass a stormwater Fnnd end the tLnd would apply to the whole county including the cities. }le said to this day, the o unty doe of hav a Storm ar }Lnd_ He noted the city was going to receive $150,000 the first year beoauee the uty did calculetethee offal propm when they in toted this p~ogram_ He saidostafTshoweaafive year plan that would solve all the problems and this wesetemporery tax. He suggested the ciry take care of the projects with thegenerel fund or the road fvvd end noted that he as going to vote against this board item Comm er Maingot said this' n that is goin5 to wst re thatithe $300,000 and said one of the soWtions that was endedw ethe capacity ofthe pumps at HighlmM Hills. Hesaid when nsidering this r, the Commission should put themselves in the situations in which the people have to live Ha added saying the City Administrator has been direvted by the Cnmmissioq two meetings from now. to sup withapos ve plan to show how they are goinyw solve the problemso Fle said there s no sense coming up with a plan unless the city has the funds t Com er Lov rand said he i in favor of the Flood projects but they should be paid out ofthe fcifities fund or the gaveral fund. He said that govuvment Has been cutting in every ciry but Longwood w to grow in both to and in e. He .said he in favor fornsolving the Hood probiwn and said the city could cutback here and thereto make the $3005000. Com er 5undy noted that there are not e lot of dirt streets that need tonbe paved and said the pity is staying on the spiral plan- He voted some of the problems were caused about 20 to 25 years ago when development was not required to retain stormwater and woo not required to address the iswe of stormwater_ He said when it flooded the airy was left to solve the problem avd ow beginning to solve the problem. He said in order to do this, them neym me fom the and said this aspecitic dedicated fund that addreaees spcecifc problems avd the residents aan see where their money is going. CC t)7-07-03/494 Moti rried by a fou roll call vote wish cemm~aamner cevnaba~a o~ ng nay. G City Administrator recommends [he City Con:missian Aiscoss adjusting the current fee schedule for medical trnnspurt esoh of Mddicare/Medicaid legislative ehangus relit hag loafres fort nsparl servitts. Mr. Drago invoduced the board item and explained that Medicare/Medicaid is changing the way they Day transport services lbr the pcnple that aze on their program relative to emergency medical tia said all the other oities end county are going to the w syste and said this would gain additional revenue of$44,000 from this new billing. Deputy Mayor Mllm oved fora to have the City Administrator bring forth an Ord nansce to edjua the ent fee schedule. Seconded by Commission Maingol and carried by a unanimous voice vme. D. The Finance Division of the Financial Services Depart mm:ds Clty Commission read by title only, set Jaly 21, 2003 as a public hearing tlate and approve the first reading of Ordinance 03-tbfi3 which amends the Fiscal Year 02/03 Budget. Mr. Taylor read Ordinance No. 03-1663 by title only. Mr. Drago introduced the board item and said this Ordinance was mend the budge) relative to the 8500 needed to pm on the family/teen evant in the park Deputy Mayor Miller moved to pass Ordinance No. 03- 1663 on first reading and set a Public Hearing date on July 2I. 2003. Secondd by Commissioner Meingo~and carried by a unanimous roll call vote. E. City Clerk re ends the City Commissim: adopt Resolution No. 03-10]6, adopting an In[erlocal Agreement with the Sem note County to provide the trauNer of adnrinistrntlve tteponaibilities relndve to collection and enfutteo:ent of Smninole County ottupational license taxes. Mr. Taylor read Resolution No. 03-10]6 by title only. Mr. Drago introduced the board item and said :he County has simplified theirf swetpre for their occupational licenses. He CC 0]-0]-031495 said in order to ben etheir s. the County is willinS en Interlocal Agreemmnt ~o have the cities issue Ilse unty oceupati nal lice e. He said the c o the city would be Sl50 to upgrade oompnter equipme and the city would collect about $(,000 a year on the Interlocal Agreement- Commissioner MainSOt moved to adopt Resolution No. 0;~ 10]6 as presented. Seconded by Deputy Mayor Miller. Com er Maingot ated there are an additiona1600 bus sthat eoperating without an occupati nal licwtso and noted Ilse airy would collect more I Ilan the $6,000_ Cam er Lovesvand said the residents of LonKwood are being drntble taxed by hiving both z city and coonty occupational license He said every[ime the city woeks with the wunty. the city loo s He said if you live in the city you are penalized and suggested working with the county to eliminate a county o cupetional license if you have e uty occupational license- Mayor Anduson said this was brought op at the Mayor and Managers meeting end said he really apPrecialed Ihei ~ and said the County is not ready to do this project both ways.nn Fie said the County simplifYed their whale stnicnne and took a bus ss Friendly approach. He s aced a perw an get both the unty and city occupational lice espol anU this provides funding for the city and it really does not take any time et all. Commissioner Hundy reaffirmed the city does collect and keep all delinquemf and penalties. He noted there may beapote tial that the city would wllect more than the amicipated amoum^ He stated he was in agreement with both Commissioner MzlnKOl and Commissioner Lovestrand. Com cr Lov and suggested the city should consider emping the o ettpalional licenses in order to conform to the same categories as the county's to implify things. Mr. Taylor said in -Oats/iry Ciricc Magnenta. "there is an article about taxation that [ells how some cities are loosing out by not amping their ecupati nal lice ving tees. Hesaid he does not desagree with Commissioner Lovestrand about the double taxation ue, but stated that the issue hae been challenged and was los. He said the issue had been challenged in noun, but was upheld by Motion cartied by a unanimous roll call vote CC 07-0]-03/496 P. City AAm niatrator recommends the City Commission review the millage rates and Total Property Tax Revenue relative to fhe es4 noted taxable value and set a millage rate the Commrsvon deems appropriate. Mr_ Drago i trodnud the board itmn avd said recently the city ived thenDR 420 form from the Property Appraiser. kle said he asked the Tina rR DePart to give the Com aslidicg scale of mil loge r es. beginn ng with the roll up going past the e He said es the Commission has done io the pest, they have discussed and se mileage r so the city can m the form backto the Property Appraiser for advertising purposes. He slated [lie evrrent rate is 4 61 and anything below 4.6] is lost o the city,o nthough Com er LOVe and would take the position the[ it Is a tax inceea e'sHe said anything above 4 G7 is an increase in revenueto the city.. Commissioner Lovestrand said he diFlereA with the City Administrator and said he is not adversewith holding the seine millage rate as last year. Commissiovu Lovestrand moved to keep the millage mte at 4.6'l. Seconded by Commissioner Rundy and carried by a urienimous roll call vote. The City Commission recessed Rom 844 p.m. to 8'.58 p.m. O. The Planning Division of the Commonity Services Department mends that the Clty Commission review and Uiexoss the Tnble of Allowable U.sea for the Downtown Historic Overlay DisMCt sa as to identify an `4xpansion of; "'restrietlon oP' or modiDration to" fhe eorrwtt allowable uses. Mr. Drago Hated the item was brought Corwnrd Rom the love 23i° Work Session and said there was some wncern abom reviewing all the uses in the Historic District and whether or not the Commission sted in leaving the u s they are or modifying then Hasseid on Pege 11-5, [he allowable uses are broken dawn by land and he believes the Commission should take a look et the downtown. Mr. Drago suggested for the Commission to review each land us and to dtte eiftheyw ntthat land use in rite Historic Distriu. Hesaid staff will oreatea sepataze wlomn xud Iebal the ulumn the Historic District. Deputy Mayor Miller said that is a great suggestion and stated that is going to take a lot oftime. CC 07-0]-03/49) Deputy Mayor Hiller moved [o tablethe item until the nen meeting. Seconded by Commissinnw Lovesuend. Mayor Anderson said [ho reason this item has come before the Comm is beta etlie city has nihm on-going- TheCommisinvhasbeantryingto solvetihe si[uation. Hesaid the Comm on has been putting thiseoffand stated hei adverse to'doling that, if the Commission handles it the right way once and for all_ Mr Sxrgen said staff has me period of six onthst work on this issue and noted staff has plenty oftime to do this cortectly. Deputy Mayor Miller stated that he would like an accurate detailed report of exactly what this gentlem 's bus is doin end when 6' he ie doing i~ He said some people ere calling the business warehousing, trucking, and others are calling it this end that. He said until the Commission really knows what is going on. how is the Commission going to be able to handle it Commissioner Meingot asked what the vehicular weight restriction fix [he downtown area is. Com er Bundy said the pity as of prohibit local deliveries end stated this was beaog used es a wlnolesele facility. Mr_ Sargavt said the business ownerin question is in the audience and[hey do have en occupational license. He said the business explain what was approved on the occupational license and axplatin exactly what M1is opwxtion is. Mayor Anderson said iha Commission needs to discuss whet is allowable and whit can be xllowed. He said the COmmision needs to make a decision as to what kinds of business will be xllowed end said the business owners want a deusion to be made- He said it is easy Por the Commission to say, but the owner wevt ro know ifthey will beable to do business here or ifihey need to and this is why the Commission needs to give them an Com er Meingot said whale er dec nthe Comm makes re going to have ro live with that decision. He se'id if other people move into the Historic District and buy out additional propeiaies and they decide they want to go into the same type of business then the vity cannot deny their application. Mayor Anderson stared the Commission needs to be very carelLl becauve the Commission is trying to oreata x business fiiendly CC 07-0"1-61/498 mospnere and me Commission .a trying m enwnrage people to make investments and to move here and conduc[ their businesses here. Mr. Drago said the Com cads to addres ach one ofthe and smfiwill check of£if [he Com sthar land use or no[and the land uses need to be in the Hi oo cCode BOOk. Mr. Sargen saiA so a of the u s that n the Downtown area eed to apply to the Historic District because they are according m State Statutes. Discussion ensued regarding whet is a wholesale facility. Motion carried by a four to one voice vote with Commissioner Rundy voting nay. fl. The Planning Division of the Community Scrvi<as Depar1menf ends Ihet the Ciry Commission review and approve the requesrt from Mint Baptist Churcb of t.angwuod to allow the placement of a modular school building on their site al 891 E. State Road 034 for a period of mre (I) year, with the possibility of sip to forty (A)or e-(1)yea s, for the Choices In Learning Private School currently located at the Firfl Baptist Church of Altamonte Springs on North Street. Mr. Drago i roduced the board ire and stated this regarding establishment and location. Ida said the Commasaion e with the people fiom born the school and the church. Hesaid rz thao, the school would preflr w move their facilities to this particular church location and this would give the school an opportunity to f nd a permanent facility. He said [he school is asking for a oncyear use of the modular building at this facility with the possibility ofgoing up to four years xt one-year s. He said they are eking the Commission for approval sotthey wn locate the building and prepare themselves for the new school year. Deputy Mayor Miller moved to approve placement of the modular building at 891 E. Smm Road 434. 8ewnded by Commissioner Maingot and carried by x unanimous roll call vote. L The Public Works Department recommends that the Ciry Commission accept the Rangeline Woods subdivision into the City's inlenana progra including Nestrws. sewer lines, water 1 not' and the pflymenl tar [he street ligbls, all having neen aesignea antl inswlled to city or[ungwoo0 spe<ifi<mions. CC o]-07-03/499 Mr. Drago i rotluced the board ire and slated this pan molar subd'rvi ns located ne rthe city's water plant. He said the develope~has finally given the city all the required dowmutx relative to the subdivision forthe aty to maintain and staff is mending approval of the subdivision into the maintenance program. Commissioner Maingot Hated he would go along with approving this board item ae long as she City Adminisaawr has seen a copy of their HOA doc which spaifies the mention ponds and the associated sttueturnes are to be maintained by the HOA. Mr. Drago responded saying the two new subdivisions that are on the Brewing boerdw mobs ga~edw so the city is going to require the HOA give the city an a allysen engineer's report stating all the faoilities are fvnotioni~ng propuly_ He said he issed this HOA and he cannot go beak and requir t. He Hated the dot is have already been filed with that rt. but the homeowners are responsible Corall of the drainage within [hat f'aoiliry including the retention pond. Commissioner Maingot moved to approve 11 1 as submitted. Sewnded by Dequty Mayor Miller. Commissioner Lovestrand inquired if the streets had been deeded to the city. Mr. Urago responded saying the streets had been deeded to the city at tlra time oftha plat. Heseid the fdOA has been paying for the set lights simply beoause the airy did no[ approve w take over the main[enance. He said the HOA wants the citywteke over the ra becausethen the HOA dou not have to pay forthe expene and until the city does this the HOA is responsible for those expenses. Moron was approved by a unanimous roll call vote. J. City Administrator recommeuda [he City Commission review and approve the proposed fee schedule [or the Longwood Community Building. Mr_ Drago introduced the board imn end stated he'is presenting this revised fee schedule for the Community Building basically to e cleavin6 casts and adding remel fees for the upstairs vs He ssaid before people were able to pay one rental fu and oe the whole building He said the two biggest expen o[he Community Building are cleaning and power and he wanted to CC 07-01-03/500 make sure those vests were recovered through the Fee schedule- He said another problem the oily is having is people are getting their relativee or people they know that live in the uty to rent the building ov their behalf and this is why we ere asking for proofof residency. Comm~ss~oner Maingot expressed that ha would suPDOrt this item and inquired what as happening with getting the programsstarted for senior oitizens a the Community Building Mr. Drago respond tl saying Mrs. Walsh has just resumed from ernlty leave and tendered her resignatio2 He said this will put that particular program behivd until he finds areplacement- He oted ha did se etlte eof an mfnr the depart ant, but unfortu ately heuhas of gotten upnto speed relative to developing the pmgams. He added seyivg one of thei 's charges talk to theothu cities and to do a thorough survey oPthe senior o groups in the city because he does not want the intern tv presem a program to the city that he does not think will be successlLl. Deputy Mayor Miller moved to take the City Administrator's rewmmendation and approve the proposed fee schedule for Longwood Community Building. Seconded by Commissioner Bundy. Mayor Anders expressed he i omfonable re<luiring off-duty police oFlicer(e) to be at a wedding reception and said he would be in favor ofstriking that requirement. He said he would have no problem reauirivg insurance or a permit, but iPthere was an issue, our police aRcers are right around the corner. Corn er Maingot rtated he would disagree with the Mayor. {{e saidsehere era a lot of functions where alcohol is consumed and quo aned if the city was going to ntil someone injures themselve oily property before the city realizesthey need to have anuoRlcer. He said the mere fad that the polity are there is a dotvtrent- Mr. Drago said the officer helps in irefic control since parking is premium around here. He noted when you have a gathering of people with dive se personaliti s there ra clashes of personalities andrthe o~cera aro [hero to make sure everyone abides by the roles Cam er Bundy said in tasponse[o Mr Drago'e commems earlier, the City Admi or did no end adding a pos on for to hantdle the rental of the Community 6uildivg. Ha~aid ha would prefer utilizing someone withthe abiliti and educ not Mrs. Walsh asa Recr on COOrdinawr and they would be able to spend their dine developing, supervising, and setting up progams for recreation and not reining the Community Building Motion carried by a unanimous roll call vote. K. Clty AAminie(rator recommeotls the City Commission review and diser,ss a proposed Settlement Agreement end Electric Franchise Ordinance and take action the Commission deems nppropriatc. Mr. Drago saiA the Commission was given a copy ofthe revised document from PE and said the leer time Mr_ Raley waz hate the Commission reviewed eight items in derail. He saiU Mr. Raley said he would come back with a revised documem after talking to his rtaR'relative to some items and completed that- He said the documents are presented both in drag Ordinance and Settlement Agreernevr end Mr. Taylor gave the Commission a memo per his w of the document- He said Mr_ Relay end his sreffere hore to address any o(the eight items- Mr. Taylor said he gave the Commission a memo right before the holiday and apologized if any ofthe Commissioners did not yet the r. He aaid hewanted to ko through the Setlement A_ercement and Ordinance to make aurethere were not any other changes that noeded to be addressod_ Ne said as smted in my mo_ PE has made some Favorable changes in both the Settlamem Agreement and Franchise Agreement. Mr. Taylor then awed his reoommendetions as outlined in hie memo dated July ]e 2003. Mr. Bill Raley said PG has o the table with an agreement that meets both PE's and the Commission's needs. He said the proposal is fair and PE woulA aek the Commission to move forward. He stated in regards ro the fees, that is something PE would be willing to put in the settlement and said regarding the collection ofthose feu. PE is willing to work with the city. He said if PE does that ovu e protramed period of time, the impact is mal to that s. He Hated this makos it look like PF has of that Itanchise time wee in place for 30 years whh the f9es%He aid in rogerdsro the Favored Natlone, he thinks there tea misunderstanding. Ms. Gail Simpson spoke regarding the Favored Nations prov and stated what PE did w to give the airy (hvored ne nrthe and purefiese, ao PEawuld ofl'er a shorter Ranchiseterrn with a purchase option and eaid that mmission has the option to CC 0]-0]-03/502 mend the agreement. She said what PE did was to iry to give the city favored nations on the long-term purchase. Mr. Haley said in the provision on the work in tho right-oC-ways, PF, has tied to do the work according to the ANSI standard. He said PE will be working with the city es they do the work end will make sure They follow the standard. He said if PF, was not t'ollowing the standard, then the city has the ability to slop their ork Hesaid here ting that PE will continue to do the work by that ANSI s andardfa Commissioner l,ovestrand inquired if the city now has the ability to slop PE's work when they are tramming trees around the lines. Mr. Drago said the city does have the ability to stop PE's work, but es the city does not know PE is out doing it. He added dying n of PE, but s. He said the city ca call either Ms. Simpson or Ms. O'Keefett~ofEce to stop the mntraaor. Mr. Raley said PE will to provide n work plan and note where they will be tramming. He said PE COUId work wish the City Administrawr and let him know what work PE will be doing and he can validate thework Con ar IIundy suggested ifthe city could include [he word rag tlhat if the work is Pound to be dafcient of rite ANSI andards, then PE would make whatever necessary corrections to bring it compliane He said if it'sthe subco sthat being used by PE to de the «ee trimming and thaynbutchered a tree, then PE would have to plant e « ee to replace it. Mr. Raley responded saying PE mould work wish language staling if PE was found not [o be «imming according to these ANSI andards, then PE, would work with the city to wme up with a resolution. Com er Maingot said in the ANSI A 300 there eviden e of how,to,do thejob properly, and ifa sub-contractor had his c people properly trainer and supervised, then there should he no to butcher things up. 41e stated tltera was one point in the agraeement that made it impossible for him to agree with Hesaid s rite intention PL wanting to re-charge the franchise Ceee that collected by PE from both the residential and commercial people of Longwood Mr. Raley responded saying that is not a re-charge and stated the er been charged n Cea ated with that e periodeHe said this is merely holding theacity responsible for m CC 0]-0]-03/503 allowing PE to be in those right-ofwayc during those periods. He said it es ifthe Itanchise fee had been in effeot all the time. Commissionu Maingot said he disagreed with Mr_ Raley and explained his position. Com er Lovesvand said a franchise fee is apass-through ex tlnntsistalweys paid by the people and not the power company. He said the fiatKhise f is set by the Commission and the Com on has the power to Porgive the fee, but tl~e power compeny'does not. Ha stated hewould be in thvor of forgiving the tee, instead ofgoing beck and having to charge the people- Ile said it would be difficult to determine how to wllea the fee Mayor Anderson said Me franchise Cee is nothing more than a tea that the city volleas and the fee is pollected es pan of doing business in the rightbf-way. He said the problem that he had was the fee was used as a bargaining chip in ordu to get the oily to sign with clau and pro s that they did not agree and if the w t signed,~hen PE was going w stop o collecting thettax and tI eoi would be taking a signilicent pan oCthe city budget away- He s eted this s always an issue Cor him end stated it was also an issue with thejudge at the kilth District Court. cemmiaaioner wveatmnd nered amce me Commission naa disagreements among themselvex the Commission decided to let thec rts dacida on that e. Hesaid iPPE wins in noun. PL will s ill have to go to the Public Service Commission. Mayor Anderson expressed his concern with entering inm a franchise agreement for another 30 years and commenting on the reliability and semce that PE provides. Ms. Simpson stated regarding the franchise fee it was PE's goal to provide the best option end the best otTU to the airy- She mid as e ategry, it was intended f r the city to keep those mvenucc and the ut~zens would benefit from those revenues. Commissionu Bundy moved to extend the meeting for l0 es. Sewnded by Commissioner Maingot and carried by a unammons voice vote. Mayor Anderson stated what the issues wue with stranded costs and esplained how this would attest the city in the long-term M.c Simpso rated that PE raaine ell the risks and makes the capital investments. She said PE is not asking the city not to care about reliability. but as evy customer, the city has the right to go to CC 0]-0]-03/504 the Public Service Commission and PE would have to respond. She added saying the Ranchise is a vovcxclusive agreement- depending on what would haDDen and de-regulatioq and noted it is not lacking the city into nnything. Mr_ Raley said PE would be willing to offer theciry the same off as lake Mary, which is the 10 yenrf30 year convertible Discussion ensued regarding the 10/30 year wnvenible. Deputy Mayor Miller inquired about the first section of the settlement agreement evd asked iP PG was willing to reinstate the lavguage that PE would seek to back charge customers through the Florida Public Service COnvniaeiov. He said the city could oppose the back charging ofcumomers Ms Simpson responded to Deputy Mayor Miller's inquiry and aced what PE w s trying to do is have the city retain the r and in order [or the city to n the r s, PE veeds to treat e them es any other fianchise leers, and steteA she can commit w you. Deputy Mayor Miller responded to Ms. Simpson's remarks and stated he did not have a problem with PE doing that as long as PE willing to go to the Plorida Public Service Commission far roliePand there can be public input Ne again inquired if PE would to the language and receive the back charge fiom the s through the Florida Public Barnes Com n. He said the city may yr may not oppose the back chargesso each individual wmmissioner or private muasn wold oppose it. Mr. Raley responded saying that is not really an option for PE to do that. He said PE istrying to make the city whole and trying to give the city the ability to secure those revenues. Ms Simpson said thecollection ofe Henchise tee is not something PE basto go to the Public Service Commission to do. She said tbis tetlting that PL does in the ordinary co eoftheir business. Sheseid P5 has the ability to manage the back collection and rated the impac ould be m mat to the c a perio0 of years. She said if PE needed to do thaC the ~ustomers would not Icel a burden. Com er Bundy said regarding the Ranchise fees,this that wn'ipeny pays for doing bus orbs uty's rightrof'laways He said the Stet sup with wmpensetion to [he c es for sing their rightevf-ways and this does not have to go before the PSC to wllect those fienchise fees. He proposed if PE would forego half of the fFanchisef and the uty would refund hull of CC 0]-0]-03/505 the franchise f that PE has paid to the City of Longwood, and the uty would retain the ivterest to offset same of the administrative feet he said vo one vnll receive ell oPthe money and nothing will tof resides s'pockds Heinquired ifthis is something bothePE and the Commission would entertain. Mr. Raley responded saying PE put an agreement together that would be agreeable to both PE and the City of LonS ood and asked the Commission to vole affirmatively end move this forward. Coco er Bundy m ved to approve the Senlem Agremmen~ avd Franchise Agreement as emended: the city would give PE back half of the 5800,000. m end P6 would agree not to back charge the customers to collect the aher half, and that the purchase option will always remain available at thm end of e 30 year timeframe, and to forward thm agree roPH for their conaidemnov. Sewnded by Deputy Mayor Miller. Mr Taylor stated that PE u not giving up eny[h'mg and iPthe city does not declare it invalid then PH is cot giving up one thing and rttommended the Commission not eo egreero settlm this Mayor Mdarson restated [he motion. Commissioner Bundy moved to extend the meeting for 30 es. Sewnded by Mayor Anderson and carried by a Mayor Mdarson said Ae had agreed with the frsr half of the and expressed having a problem with the second half oftFle n. He recommended his changes o the second part ofthe moton and expressed some ofhis wncerns. Mr_ Taylor said the only thing the city is getting out afthis is PE is still collecting the franchise tee and it is not costing PE anything. He said even the movey PF. will release ro the city is not mmiay that bee Dome Due of their povkets, but money PE has collected from the customers. so PE is not paying an}rthing. Mr. Raley restated PE's otFer and stated if the Commission staffs pvningalot of stipulations under the uability. then it's going to be impossible for PE to agree anyth ng. He cautioned the Commission to etay within the spirit of negotiations Ms. Simpwn smted the ffanehisn benaRts to boob ponies CC Ot-0R-03!506 Disassion ensued regarding the purchase option at the end of a 30 yea trine frame Coin er Lovestrand expressed that he was goin5 to support the mahon. Mayor Anderson said it seems to him anything the Commission does w Iry end proles the interests ofthe citizuis is always a deal killer. He stated that M1e will vote agaivn the motion becauee it does not serve in the interests ofthe cn~zene. Deputy Mayor Miller sta[wl he was going to in favor ofthis agreement ae long as there were no snore langnege diangec Motion carried by a three to two roll call vole with Mayor Anderson and Commissionor Maingol voting nay. Coin er Bundy moved to end them ting for 30 ssgeconded by Com ssioner Maingoet xnd carried by anunanimous voice vote.m The Commission recessed fiom 11:01 p. m. to I I:Ob ~ m. [. The City Administrator recommends the City Cmnmission w the tabulated Solid Warta and Recycling Evaluation Foro~ and give staRthe Direction tleemed appropriate. Mr_ Drago said at a W ork Session that was held at the u~d of Iona [he Commission heard presentstionsfiom the six vendors. He saitl [he Commission submittetl back to staff their ovalnation proposals and stafftook [hose proposals, averaged them, and Then rank ordered the s s. He said listed on the board its a the s s anked ordered and read the scores. He said he has a list of re ma Porihe Comm nsidar and asked the Con nsston to considerone rtent at a time and to voreon eeeh item Commissioner Bundy moved to approve hem I, which is therenking order afthe vendors. Seconded by Com ssmner Maingo[and tamed byaunanimous voice Commissioner Lovestrand moved to approve Item 2, which is the level of service Seconded by Depory Mayor Miller and carried byaunanimous voice vote Mr. Bob Hyres, Sr. Vice President of Waste Pro addressed qua bons and/or concerns that the Commission had. CC 07-01-03/50"1 Depny Mayer Mmer mevea m raaaiaar me aaya fur collection ofgarbage wllection would be Monday, Tuesday, Thursday, and Friday; trash collection would be Wednesday; taycling wllection would be done on the back end ofthe (rash, and this would be a fve day work week. Seconded by Commissioner BUndy end carried bya unanimous roll call vote. Deputy Mayor Miller moved to only have a residential ct. Secnnded by Commissioner Loveetrand and oarriedtby a unanimous voioa vota Deputy Mayor Miller moved to eneod the meeting for 30 s. Sewnded by Commissioner Aundy and carried by Cam er Bundy m ved ro have the semi-automated as the rypa of wllection servioe and to phase this service a brief period. Seconded by Deputy Mayor Miller and cvricd by a unanimous voice vote. Com er Lov and requested Ilia[ a notice be placed in the water bill w notify petople of the changes. 12. CITY A'ITOANEY'S RF,PORT. Mr. Taylor said he wil I be out of town for the next. two Commission meetings and Mr. MCLatchey will attend thosem sings in his absence. 13. CITY CLERK'S REPORT. No report. 14. AD.IOURN. Mayor Anderson adjourned the meeting at ll.5?p.m. ~1uvQ_~ ___- Daniel J. An A~ ~! 2 Sarah M. Mljares, City Cler CC 07-0t-0J/508 This page Taft blank intentiouel ly. CC 07-0]-03/509