CCMtg07-02-01MinLONGWOOD CITY COMMISSION
Longwood City Gommission Chembors
175 W. Warren Avenue
Longwood. Florida
MIND ES
July 2, 2001
Present: Mayor Paul Lovestrand
Depoty Mayor John C. Maingot
Commissioner Dan Anderson
Comml,atoner Butch Bondy
Commissioner Steve Miller
John J. Drago, City Administrator
Richard S. Taylor. Jr.. City Attorney
Berlin D. 8oswodh. Deputy City Clerk_ Office of the City Clerk
Jay Sargent. Manager, Planning Division. Community Services Dept.
Tom Smith, Manager, Street, & Flaet, Division. Public Works Department
Richard Kornbluh, ManagerUtilities Division. Public Works Depahment
ABSENT: Geraldine D. Zambn (excused)
Terry Baker, Director. Public Safety Department
John Brock, Director, Community Services Depahment
Monica Mitchell. DirectorFinancial Services Depahment
t. CALL TO ORDER.
The mayor called a regular meeting N order at 7,05 p.m.
2. A moment of SILENT MEDITATION was FOLLOWED BY THE PLEDGE OF
ALLEGIANCE.
3. COMMUNITY ANNOUNCEMENTS, There were he announcements.
4. RECOGNITIONS:
A. District #1 Nomination of the Business Person for the Month of July
2001. Deputy Mayor Maingot was pleased to put forth Christina (Chris)
Nance and Jeffrey (Jeff)Dn., architects. whose office wash the Htstorle
Dobet as the bu,ineeaper,one for July. Nomination c,,ri,d by a voice
vote.
5. BOARD APPOINTMENTS. None.
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6. PUBLIC PARTICIPATION. None.
]. CITY ADMINISTRATOR'S REPORT. No report.
6. MAYORAND COMMISSIONERS'REPORTS.
Districts #3,#4, 95,#1,#2
District #3-Commissioner Miller. No report.
Dstrict #4- Commissioner Band reported he had a wonderful time aR,,d,,g the
25' wedding ennivereery celebration of Deputy Mayor and Beth Maingot at their home
in Longwood.
He publicly wI,h,d Jay Sargent, City Planner, the best of fuck with his surgery neat
Monday.
District 15 - Mavor Lovestrand informed he hatl prepared a statement, which in
reatling, he asked his Fellow Commissioners to r,W,,Id,, their actions to it: [11
enforcing our franchise ordinance and ecotonng the franchise fees formerly collected by
Florda Power Corporation end, 12J to start the process of—hopeliiing the Florida
Powerel,ctrrc distAbation system In Longwood. The text spelled out his rational for
urging his fellow Commissioners to re -think their poaltion relative to these two issues as
well as why he believed the approach he waa urging would serve the beef interest of the
eaitlents of Longwood. [Net,: A copy of the complete text prepared by Mayor
Loveattend was given the meeting Clerk for placement in the meeting packet materials.]
Dlstdct #1-Deouty Mavor Meingot stated that when that agenda Item [9F] came
before the Commission this evening, he was Willing to address it is further depth. The
Mayor swords of wisdom and caution need be given d-thought and agreed the
Commission ,at certainly first and foremost consider what was best for the people in
the City.
He brought to the Commission s attention the plight of one resident, Mrs. Hill. whose 15-
yea -old son, Bobby, who has been suffering from cerebral palsy. It was an enormous
task getting him to the handicapped bus. es ahe physically notso lift her son in the
wheelchair, each Ti over the sidewalk to get to the awaiting bus. There was
eed for a wheelchair ramp over the title,alk because of the construction at CR 427
and 14-Avenue. He gave John Craigo, Tom Smith. and Public Work'a staff his sincere
thanks and Mrs. HMI's profound gratitude for taking expeditious action in having the
wheelchair ramp mated,
He, too. expressed hla wishes to Jay Sargent for the very best in his operation and a full
and speedy recovery.
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District #2 - Commissioner Anderson noticed there was retrofitting of the new speed
bumps on Marvin Avenue for drainage and snch. He appreciated that being taken care
of, as it was a problem when it rained.
He next spoke to the Hand, Power issues -what the City of Longwood said was you
ea,not lust say you are doing business and not going to pay us the franchise fees: w
have Bald we have to assert our rights over our property, and when the contract sayse
that at the end of the 30-year franchise that the City has the opportunity to purchase, it
very valuable to the City to retain that nght. If that clause was not retained in the new
agreement, at the end of the 30-year agreement the City would not have anything to
bargain with. Floritla Power would have been given perpetual rights to operate within
the City. What was at issue here was the peoplesproperty, and the Commission has to
preserve the peoples rights.
He ehad Jay the best of luck and a speedy recove,.
relevant to the question of the City agreeing to accept and sign the Florida
P.—agreement were discussed and debated the right of the City to retain the
clause that the City hes the opportu"g, to purchase, was the Intent toor not to,
nicipalao the system, if not. why pay for attorneys fees: the City Attorney was
capable and could negotiate an agree ant acceptable to both sides: the tease. for
suing for franchise fees if the City could collect them just by signing the agreement.
9. CONSENTAGENDA.
A. Pay approved and estimated bills for July 2001.
B. Approve Minutes of June 11, 2001 Work Session antl June 18, 2001
Regular Meeting.
C. Approve the purchase order in the amount of $47,700 to Barnes,
Ferland and Associates for design, permitting, bidding antl
nstruction management of wat,rfwast..ater projects on the west
side of Highway 17-92 south of Wild"" Avenue and authorize the
City Administrator to sign all appropriate documents.
D. Approve the purchase order in the amount of $15,146.00 to Custom
Eli Controls, Inc. for furnishing antl installing 3 lift station
controt panels.
E. Grant the Central Florida Society for Historic Preservation
permission to conduct its 25'" Annual Longwood Arts antl Crafts
Festival on November 1] and 18, 2001, approve the criteria for the
e of permits as r,quiretl in City Code Sec. 1411 (3) and
author is the closing of West Warren Avenue, Wilma Street and West
photon Avenue.
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F. Apple,, a Left,, of Engagement with the Is, fill of Clay, Harris &
Robinson and -fll the May,, to sign the engagement letter,
G. Apple- the waiver of Application F... to, Annexations,
C..p,.hl,,Nl Pill Anno"d—te and Rezoning, in accortlance
with Section 2-164 of the Longwood City Code W application
numbers ANX 02-01, ANX 03-01 and ANX 04-01.
H. Approve the purchase I. do, in the amount of $ 3,500.00 to M,,,,,
PC, Inc. to, furnishing and installing 2 VFD , a at Wall, Plan #2 and
authorize this City Administrator to sign all appropriate documents.
C01111111111 hill, moved to approve the Consent Agenda as
submitted, with Ine exception of been 9.F. Seconded by
Commissioner Bundy and unanimously approved on a roll call yet,.
Commissioner Anderson d to approve Ile, 9,F as submitted.
Seconded by Commissioner B.ndy.
Mayor LIVIIhIld stated his thoughts on 9 F painting all .... — ,,to bebased
.pan he Fianna Slab— Cont'. decision wherein if determined that illpsang .
fallills, fee llilly'lly. without I agreement, was and
unenforceable.
He noted the, we, other points of view.
C-11-11111 M11111, along with people the pact weak about this issue, has c— to
the —1—on the if the C111111111 was It prepared to 91 111 the way —that meaning.a onto eventually have to go to the citizens of Longwood to get the money to lacy this
system, t also —haveon. In. City would .a. to put in place below trucks,repair all
the polls s the storage facilities, the miln, facilities to maintain the eq,ip,e,t the, we
should not even begin going de,, that old, The ThCommissionan Rwanted to atio!, not
shake
Power they ,,, I d be their fist at the City
let's at sign the franchise agreement
.to go money.
Commissioner Bundy reminded that when Florida Power several week, ago had
addressed this issue with the Commission, he point blank asked the, if they were
willing to extend the agreencent. The, response was no. We have b..n focusing our
discussion tonight on the light to purchase option That was not the only p.b1b,n he
had will In, franchise h I, the, -- as
Which
I required
agree prepared by Florida Power. He had
.Ill WN being ,g,tt,d III—, signing the
Deputy May,, Maloof st .... ad the point that who, the Coll —be asked Florida
Poll' to enter into I five (6) year agreement with the City to allow the City to have
sufficient time to investigate those as— the Mays, end other Commissioners raised.
economics�bf purchase, and such. The Commission was ally rebuffed. The
purchase op
tion was the only stick the City had o—
level— citizens. FienPower.It d, P, to .... at they
were going aaprovideanacceptable II of seto ,,He
would
Ild t to
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come to terms with Florida Power, but it has to be a negotiated agreement. not be given
Commissioner Anderson allied that the Commission did not vote to take over the
system. The Commission voted to have a judge assert the City, rights that was in the
ontract that said the City retains the right over its own property. We retain the right to
choose who will do badness on our property Due to the nature of the buslnssa that
Florida Power has had to make substantial investment. e u,,,,g pipe and the like,
Into our property to provide service to our citizens- Winter Perk has said they wanted to
go out on their own. That was not what the City of Longwood said. The Clty of
Longwood said you [Florida Power] couldnl just say you were doing business and not
paying the City its franchise fees_ For him_ it was not buyinq the business. it was
protecting the peoples property.
Deputy Mayor Maingot moved to table. Seconded by
Commissioner Anderson.
Commissioner Bundy did not think there was time to table because of the time line with
respect to the litigation_
Commissioner Miller asked if the contracting of the ohlelde asomey could be stricken
from the item. Why not sit down and negotiate with Florida Power,
City Attorney Taylor believed by doinq that, the City has for all intents and purposes
blinkeow d and Florida Per would hold the higher hand. August i was not the end-all for
the franchise fees.
Mayor Lovestrand suggested that a Work Session go on in the meantime and let the
suit continue.
City Attorney Taylor staled, as to a Work Session. unless the City was prepared to give
he the purchase option he would not advise sitting down to negotiate; however, if the
City was willing to delete that option then he would concur to begin negotiations.
Commissioner Anderson asked Deputy Mayor Maingot if he would reconsider his
motlon to table', to wit, do not table, instead. .... to approve 9.F. Then- if it is decided
to have Work Session with Florida Power that —ld happan as a concurrent action.
Deputy Mayor Ni rescinded his motlon to table.
Mayor Lovestrand moved to table approval. Died for lack of a
Second.
Commissioner Anderson moved to approve 9.F. a submitted and
request a Work Session for July 9. 2001 at 7:00 p.m. with Florida
Power. Seconded by Commissioner Bundy,
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Mayor Lovestrand invited his fellow Commissioners to call the Commissioner In Las
Cruces, New Mexico as well as the Commissioners in Winter Park and Casselberry
and talk to them about their experience.
VOTE ON MOTION: 4 1. o roll ,If vote with Commissioner
Anders n, Commissioner Muller, Commissioner Bundy, and Deputy
Mayor Mebi voting aye and Mayor Lovestand voting nay.
The Commission recessed at 8:25 p.m. and reconvened at 8:39 p. m.
10. PUBLIC HEARINGS.
A. City Administrator recommends the City Commission read by title
only and adopts Ordinance No. 01-1575, electing not to require and
collect permit has from any providers of telecommunications
es that use or occupy municipal roads or rights -of -way for the
provision of communications services, and electing to increase the
local communications service tax.
Ms. Nadine TolosHighland Hilts, spoke to the item.
Mayor Lovestrantl requested the City Attorney check Florida Statutes if a retired police
officer (or his spouse) from another state, but who now re,,do, in Florida, was exempt
from stating than sedmss for the record.
Commiselon.r Miller moved to approve Ordinance 01-1525.
Seconded by Commissioner Anderson.
VOTE ON MOTION: Unanimously approved on roll call vote.
11. REGULAR BUSINESS.
A. The Planning Division of the Community Services Department
ends [he City Commission approve the site plan (SP t4-00)
to convert asingle-family residence into a professional office
building located at 1441 C.R. 427 North.
Commissioner Bundy submitted two Ex Part, Communication Disclosure forms to the
Office of the City Clerk after reciting the nature of each communlcatien-
Mayor Lovestrand announced that the quasi-judicial items on the Agenda —Id be
onducted'm accordance with the Commissions Procedures for Quasi -Judicial
Hearings,
The City Attorney read by title only
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Mr. Sargent explained what was r,q,i,,d in the Site Plan (the project being conversion
of'
single-family residence into a professional office building which woultl be located at
1441 County Road 427 North ]CR 427]).
Mr. Buehlerusing the overhead projectorshowed the Site Plan. He explained he was
agreeable in taking extra care to protect exietinq trees ou the lot and therefore he would
eel to skid them, but the roatl would remain the necessary 24-foot width. He could
not complete the road because of the work being done by the County ou County Read
427 (CR 427). He neetled to be able to occupy his office building at the end of the
month and was unable to complete the landscaping and blacktopping of the roatl.
Staff stated there was no reason for the job to be finished except for that portion of the
roatl that would tie into CR 427. Staff further explained what Mr. Buehler was required
to do in order to get his Occupancy permit.
Mr. Buehler gave details of his predicament - of getting contractors- to blacktop the
mad and complete the landscaping. He was willing to make every afoot to having ae
much completed as possible by the end of the month.
There were he substantially affected persons who wished to testify. Thera was no one
of the general public who spoke in favor of or opposition to the Site Plan_
Commissioner Miller moved to approve SP 14-00 Agenda Item
11.A. a modified to moving the road. Seconded by Commissioner
Bundy and unanimously approved by roll call vote.
Commissioner Miller moved to give Mr. Buehler his Conditional
Occupancy Permit staling 30 days from July 2. 2001. with a 90-day
timeframe thereafter to complete his protect with the exception of
the last 100 feet of his driveway to CR 427, and perhaps an escrow
amount to be determined. Seconded by Mayor Lovestrand.
Commissioner Bundy suggested determining the value of the escrow woultl be at the
time he comes in for his Conditional Occupancy Permit he woultl have all his contracts
in place to get the work done.
Mayor Lovestrand stated that someone needed to determime whether it be staff, the City
Attorney. the City Administratoror the Commission.
Comol Miller moved to include an escrow account to be
paid upon occupancy of $5.000 to be forfeited If he does not
complete the project in g0 day, Seconded by Mayor Lovestrand.
Mayor Lovestrand repoated the ml es he believed it, the motion was to allow a
Conditional Occupancy Permit be gi— to Mr. Buehler in about 30 days -whatever that
date wa,. and at that time Mr. Buehler would put up in escrow $5,000 with the City that
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.,,to be forfeited if he does not have all the work done for the project with the
exception of the last 100 feet in 90 days.
Mr. Buehler was asked if he was agreeable with the send0ions as sidled in the moll.,
and he replied that yes.
The City Attorney confirmed that Mr. Buehler was agreeable with the entire motion.
VOTE ON MOTION: Unanimously approved on roll call vote.
B. The Planning Division of the Community Services Department
naaom ends the City Commission read by title only, set July 16,
2001 as the public hearing date, and approve the first readmq of
Ordinance No. 01-1577 to annex (ANX 02-01) the property located at
1535 Kathryn Drive (.48 acres +l-), as well as the adjacent right -of.
way (Kathryn Drive) that services the property.
Th. City Attorney read by title only.
Commissioner Miller moved to approve ANX 02-01, Ordinance No.
01-1577 at first reading and set the public hearing date as July 16,
2001. Seconded by Deputy Mayor Maingot,
Commissioner Anderson announced he had consulted with the City Attorney and was
advised to state that he owned the property adjacent to this site and there was be
pas_ I interest to him so therefore there was any conflict of'mterest in this vote.
Discussion ensued about Grant Street. other annexations in this area. as well as
dedication of aright -of -way for possible sewer Ilnes-
VOTE ON MOTION: Unanimously approved by ,It call vote.
C. The Planning Division of the Community Services Department
ends the City Commission read by title only, set July 16,
2001 as the public hearing date, and approve the first reading of
Ordinance No. 01-1578 to vacate and abandon (VAC 02-99) a portion
of Anchor Rd., (a.k.a. Lake Howell Road
Mayor Lovestrand announced this item was a quasi-judicial Item and the procedure
,,,to be followed.
The City Attorney read by till, only.
Mayor Lovestrand asked if there were any substantially affected persons or applicant(')
who wish to testify on this item. Hearing none the Commission proceeded with the item.
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Mayor Lovestrand asked if there was any Commission member who needed to declare.
Likewise he asked the City Attorney and Plan—, Division,
Mr. Sargent gave a brief repo,.
No one present to speak on this item -
Commissioner Miller holed to approve lust reading of Ordinance
No. 01-1578 to vacate and abandon VAC 02-99, Item 11C and set
July 16. 2001 as the public hearing data Seconded by Deputy
Mayor Maingot and unanimously approved by roll call vote.
D. The Planning Division of the Community Services Department
ends the City Commission read by title only, set July 16,
2001 as the public hearing date, and approve the first re,di,g of
Ordinance No. 01-1579 to vacate antl ab.dd.a (VAC 04.00) a [wenty-
five (25) to
drainage antl pedestrian access area antl rededicate
said area as a City drainage easement.
The City Attorney advised Mayor Lovestrand that on Item 1 i.D. antl the last oneto go
through the procedure and though listed as quasi judicial and while the Procedwes for
Quasi Judicial was being fine-tuned. he believed those steps only headed to be done at
the Public Hearing process. All that —de to be done at this juncture was to app—
the frst reading and schedule, it for a public hearing.
The City Attorney read by title only.
Mr. Diego introduced the item to those present and the Commission.
The City Attorney requested toand did o plain the item.
Deputy Mayor Maingot moved to approve at first reading Ordinance
No. 01-1579 and set July 16. 2001 as the public hearing date.
Seconded by Commissioner Miller and unanimously approved by
roll call vote.
E. The Planning Division of the Community Services Department
ends the City Commission approve site plan (SP 11-00) for
z sting 15,000 sq. ft. warehouse on .8T acres so replotting can
Mayor Lovestrand asked if there were any substantially affected persons or applicant.
The City Attorney swore in James Payne,,
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Mr. Sargent explained that 11.E. and 11.F go together. One was the plat, he pointed to
the screer,. which shm,d Bennett Drive and Poyner Drive, and the subject properly.
They are making one (1) lot into three CT Prior to doing the repiat of that let, the City
had to be assured that the lot was being cutoff did meat the City's Site standards and
compiled with the City Code and It docs and it does create three Iota.
Commissioner Bundy inquired about retention requirements.
Mr. Sargent stated where the three lots join'.. they would have a master retention pond.
Mayor Lovestrand asked if there were any substantially affected persons or members of
the general public who would like to speak to this issue.
Deputy Mayor Maingot moved to approve Site Plan SP 17-00.
Seconded by Commissioner Anderson.
Mayor Lovestrand placed the item on hold while he asked if there was a motion to
exlend the, meeting for one-half hour.
Commissioner Bundy moved to continue the meeting beyond 10:00
p.m. for one-half hour. Seconded by Deputy Mayor Maingot and
unanimously agreed to by voice vote.
Vote on Item 11.E Motion: Unanimously approved by roll ,If
vote.
F. The Planning Division of the Community Services Department
ends the City Commission approve the Payne, Plat, a ,,plat
(SD 03-00) at 1352 Bennett Drive, in ortler to establish three (3)
conforming lots within the 1.2 zoning district.
Mayor Lovestrand announced this was a quasi-judicial item.
Mr. Sargent explained this item was Lot 3 of the previous item approved.
Mayor Lovestrand asked if the City Administrator, City Attorney, or Applicant had eny
special input.
Mayor Lovestrand asked if there were any substantially affected persons or members
of the general public who would like to speak to this ia,-
Cohn, ssi.... Bundy moved to approve the Poyner Plat. Replat
#SD 03-00. Seconded by Deputy Mayor Maingot and unanimously
approved by roll call vole.
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G. Deputy Mayor Maui recommends the City Commission propose
that an obilnonce be drafted to a,,ad the Land Development Code
in accordance with his memo dead June 25, 2001.
Deputy Mayor Mango noted his letter to the Mayor and Commissioners of June 25.
2001 was self-explanatory and was inclutled with the Agenda packet material. The
n eight (8) foot fence with a six (0) foot fence on both sitles of the eight He
pointed out the ght was going to great length, to maintain s1,,d,,d, of uniformity and
asked consideration be given to amend the Land Development Code (LOG) relative to
fence helght(s); while not looking for perfection. would like some consistency_
Commission discussion of several Issues, those being fence heights. especially as
relates to the perimeter fencing aro dd skbdi,isions.. privacy— fences jutting out
beyond their neighbors fencetaste in fencii b-difion and age of fences', and a
question of uniformity on main thoroughfares. It was suggested that the City
Administrator get with Ms. Easley on this issue.
Deputy Mayor Maingot moved this item be tabled until the matter can be
discussed with M, Easley at the neM Work Session on the Draft Land
Development Code. Seconded by Commissioner Miller and unanimously
approved by on, vote.
H. The City Administrator recommends the City Commission approve
the temporary use of modular buildings for the Oneices in Learning
rt Cheer School, recently approved by the Seminole County School
Board, to be located at the First Baptist Church of Altamonte Springs
site, located at 900 North Street, and authorizing the City
Administrator to approve the temporary modular buildings.
Mayor Love strand read stall motion/recommentlation.
Commissioner Bundy informetl the City Attorney he was the Chairman of the Charter
School. He tlitl not believe he had to.... se himself because It was a volunteer, unpaid
position for anon -profit corporation. so there was no financial or fitluciary gain. He tlitl
want to tlisdose ha was involved with this school.
The City Administrator ihaked—d! the item and explained, in octall, the need and
requirement of these motlular holding, They do net all building codes,
Commissioner Bundy e,pl,,,,d that while there were four motlular components that
ould be delivered to the site and then be be bolted together to become ono unit. it mets
all State reguimments
Deputy Mayor Maingot moved to approve Item 11.H. Seconded by
Commissioner Miller.
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