CCMtg08-10-81?r^
Longwood City Lomni ss i on
August 10, 1981
The Li ty Commission held a regular mee ti nq at ]:30 p.m.
Present: Mayor Nepp
[Omni ssi ~~er Grant
comnissi ~~er Lormann
Laani ssi ~~er O'Leary
Cmmissi ~~er Uskert
Oa vid D. Cha cey. City Admi ni sira for
Rick Owen, Assistant City Attorney
Donald Terry, City Clerk
1. Mayor Nepp called the Meeti nq to order. Invocation followed by Pledge of Allegiance.
2. Approval of minutes, ]-2]-B1 Regular Meeting. Commissioner Uskert asked that the last
sentence of paragraph 18 be co rec led to indicate Mr. Ru9ge rio instead of Mr. Ryan and
deleting the words "the hospital" and substituting the words "Mr. Rug9e rio". Motion by
Comnissi ~~er Grant, s condetl by Lonmi ssi ~~er Uskert that minutes of ]-2]-81 be approved as
corrected. Motion carried by unanimous roll call vote.
3. Public N ing Ordinance No. 530. Mr. Owen read by title only and stated that he had
affi davi teshow'i ng proof of publication. Mr. B. 0. Simpson Obj ectetl to the title
stating that it did not provi tle For re vi ng the tlis tance requirements between restaurants.
Mayor Hepp explained that paragraph C of Section 1 excluded hotels and restaurants from
the 1,500 feet distance requirement and Mr. Owens said that the definition contained in
paragraph D of Section 1 also excluded hotels and restaurants. Mr. Simpson said he was
s ati sfietl with the word inq. There was no further tli scus sign.
4. Motion by Conmi ss toner Lormann, s Ontled by Lomni ssi ~~er O'Leary that public hearing
be closed. Motion carried by unanimous roll call vote.
5. Motion by Commis si ~~er Lorman n, seconded by Comm ss toner O'Leary that Ordinance No.
530 be adopted. IAOti on carried by unanimous roll call vote.
fi. Ordinance No. 533 - sing monthly fees for sewage treatment and se nections.
Mr. Lhacey briefed the LOmni ssi on on the changes contained in the Ordi nancewandc~ta led
that it provi tletl two addit tonal categories for businesses that tlo not pse Li ty water; o
for businesses with three or less water closets and one for businesses who have more than
three water closets and/or sports complexes. Mr. Lhacey said there w ucX
bus - Post Time Lounge and Sanford-Orlando Kennel L1 ub. Mr. Lhaceyta~ketl the
Comnissi on to c si der adding a provision in [he ordinance granting reduced s r fees
for subdi vi si onodevelopments that us "white water" system where waste sucheas water
from tli shwashers, washing machines, bath tubs, etc, would be drained into drain fields
on the property and only waste from water closets and garbage disposals would enter CFe
r system. Mr. Lhacey said that if all residents we netted to such a system,
costs would be cut in half. Commit ssioner O'Lea ryra sketl if there would be any
environmental impacts and Mr. Lhacey said [here would not.
]. Commissioner Grant stated that if the City could s e 50 percent o uch a system
then customers should be granted a 50 percent reducii onvi r fees.a Comm ssi ~~er
Uskert said that the i r fees should be held towa absolute m and
he asked Mr. Lhacey who trtheom r fee would be to m expenses. Mr. Lhacey
aid that M1e had requested a ntM1ly feeeof $9.50 but that itehatl been reduced to $9.00
tluri ng the workshop se mMr. Lhacey stated that the an ual operating expenses would
be $46,000 and that $9?00 per month would leave a deficit of apP roxi mately $2,000.00
8, r Hepp stated that all c e going up and i only r noble that s
costsat ncrease also. Comni saione rtGra nt added t'h at if theaci ty does ns[ charge necessary
fees [q take c of the plant then the people are upset as Lhey wer when the
Skylark plant w s having problems. Mr. Lha rey stated that e wi thetlle 1
there w o funds bet n9 set ass tle for plant r wal. MayoreHepp asked MrcrCha cey
Lo put hfs suggesii on for "white water' in vri teng for consideration by the Cqmmi ssi on.
Mr. Owen read Ordinance No. 533 by title only.
9. Motion by Lommi ssi oner O'Leary, s tootled by Comni ssi over Grant that Ordinance No. 533
be passed on first reads nq and that aepublic heart nq be set for August 24, 1981. Motion
ri ed by a roll call vote with Comm ssioners Uskert and Lorma nn stating
they were opposed~toga monthly fee of $9.09.
i0. Ordinance No. 534 - provi di nq for operation of water system for Longwood. Mr. Owen
read by Li tle only. Mr. Chacey briefed the Commission on the Ordinance and stated
that it as the sa as that agreed to at the work se xcept that meter Fees had
been in aced to provide ne sa ry fun tls for plant expansion. Comm ssi oner Grant
obj ected rto increases in metersfees since they were not discussed at work ses soon.
11. Mayor NepP read the proposed water rates and said that he had not attended the
ork s and had spoken with Mr. Chacey about them when he returned. 11ayor Hepp
s to tedetha t nhe wa opposed to any in water fees in s of 60 cents per
thousand gallons over 4,000 gallons sr ceeMrn Chacey had indi toted that that amount
would provide necessary funds Co accgmpl ish the required expansion.
12. Comm ssi oner O'Leary stated that the re on for the additional fees a usage in ased
s to co water. Mr. Chacey asked thats bust nes smen be qi ven a break sand he di Sre
played a charteshowi ng that va activities such as laundrymats, apartment comps exec,
schools, etc. a wally used a mall a unt of w r far each individual a Mr.
Lhacey asked that the i esbe limmted to 60acents for all bust nes ses.SeLOmni ssi oner
O'Leary said he agreed to lam'it in se to 60 cents for businesses but that other
Quid generate adds tional rfunds and aid i water c vats on. Comm ss toner
Us kertsobj ectetl to lowering fees for businesses andns aid tha tni frthey were towered for
them, then fees for residences should be reduced as well. Lortuni ssi oner Grant said he
thought City needed extra fun tls and he did not believe water shortage was o Mr.
Lhacey said that in me for this month from water sales was $20,000 as compared with
$33,000 the previ ousomon[h. Commissioner Uskert stated that the threat of a double bill
helped < water. Lomni signer Lonnann said that the response of the people was
excel lentnto rthe current water shortage.
13. Motion by Lonmi ssi oner Lormann. seconded by Comm ssi oner Grant Chat Ordinance No. 534
be modified to change paragraph b of Section 11 to read 60 cents per thousand gallons
for all water used in of 4,000 gal tons and that paragraphs c, d. and e, be
deleted and that grdi na ncesbe passed on first rea tls n9 with a public hea ri n9 be set for
August 24, 1981. Motion ca ri ed by a vote of 4 to 1 with Lomni ssi oners Grant, Lonnann
and O'Leary and Mayor Hepp voti n9 0.ye and Commissioner Uskert voti nq Nay. Commissioner
Uskert said he was voting No for the sake of conservation.
14. Resolution No. 455 - Mr. Lhacey asked that this item be deleted from agenda for
this evening as atldi ti onal work was required.
15. Oedi cats on of Savage Lourt. Mr. Chacey briefed the Comm ssi on co ni ng the
request For dedication from Dr. Alvin Savage. Mr. Chacey stated that thers treet had
been inspected by the City Engineer and that it met all requirements of the City. Mr.
Lhacey stated that there was a controversy over the dedication and he asked that
the Lomni ss toners hoar ee ch side.
16. Mr. Gary Sha de r, a rney far Gr. Sa vage spoke and said that the c ent c ersy
nok relevant to thetrequest of Dr. Savage for dedication of the street and that v
the street should either he a ceVted or rejected based on whether it met City speci-
fications.
17. Mr. Larry Xi ns on s ted that he w employed by Mr. James Carter who w opposed
[o the City accepting the dedication sa ce Or. Savage had broken a ri tten contract
and w empting to damage Mr. Carter by denying him a s to 30o feet of the
s tree tsfoowwhl ch he had been guaranteed ac Mr. Ni nson stated that if the City
cepted the street a reque ted by Or. Savage it would harm Mr. Carter by reducing
the value of M1is property and tnus the [ax base of the Li ty and would also hamper
police and fire protection. Mr. Ni nson stated that Mr. Carter would abide by the
decision o£ the Commission. Commissioner Dskeri asked if Mr. Carter was contemplating
legal action and Mr. Ni nson stated inat legal acts Dn was being considered.
10. Mr. Rick Owen asked Mr. Hinson if a contract existed between Dr. Savage and Mr.
Carter and Mr. Hinson said yes and that the road. designated road A wen[ the entire
tli stance of the property owned by Mr. Carter.
19. Lomni ssioner Grant stated that ne was familiar with the ca and that the City
did not give Dr. Savage permission to build the road; that thesCi ty Attorney at
that time had ita tetl that since it was private property, Dr. Savage could build the
road anyway he chose but that it would have to meet certain specifications if the
City accepted it. Mr. Gary Shrader stated that under original contract. Dr. Savage
only obligated tD pave the street for 512 feet and that Dr. Savage had decided
tosextend the tlri ve due to the sa of ngs pos Sf ble and that Dr. Savage had voluntarily
ns tal led a turn c rcle at the request of the City. Mr. Shrader stated that Doctor
Savage/RVth Corbett and Mr. Carter had signed a o agreeing that Mr. Carter pay on
half the cost of the extension of the road beyonde512 feet but no refused to do so
Mr. Shrader said that this wa a private matter and not relevant {o the action of the
Commission. Mr. Shrader sat tls that nD matter what action the Commission took, the
road was going to stay put.
20. Dr. Alvin Savage briefed the Lonuni isi on on how he acquired the property and he
stated that Mr. James Carter had agreed to pay one half of the cost but now refused to
contribute to the costs, therefore, he was denying him access to that portion not
guaranteed in rigs nal contract.
21. Mr. Xi nson said that Mr. Carter nad only agreed to pay for the original 512 feet
and that the document signed by Miss Corbett was for another section.
22. Mrs. Betty Brannon spoke and said [hat under on 9f nal agreement, Mr. Carter would
give a 2p foot ea lent to the black family living behind his property wnen the road
completed. ~Mrsn Brannon said that the original agreement called For the road to
bes started within 30 days but tnat it nad not been. She said that although the memo
between Miss Corbett and Dr. Savage was drawn up in her office, she did not participate
~n it other than typi nq it.
23. Mr. Rick Owen then read a letter from Adam Adams, attorney For Mr. Carter, asking
that City nDt a cept tletlf cation s e the road w not a ortli ng Co the original plan.
Mr. Owen statedcthat the City wa not involved ins the controversy and not co rnetl
about any legal redress. Mr. Owen said that the City could accept or rej ectnthe road;
that the City was not arbitrator for the problem and that the Li ty could consider
whether the road conto.med to specs Fi cat; Dns ana coma Inns; aar the ;mpact on me tax
base. Mr. Owen said if City Denied dedication, maintenance responsibility be l ongs to
Dr. $a vage. ..
24. Mr. Lhacey stated that i[ was not imperative that the City decide issue this
eve ing.
25, Mr. Frank Carter spoke - aid he w nephew of James Carter and that he had met
with Dr. Savage i attempt to r sol vescontroverzy with n Mr. Carter
az ketl that the Ci tyaonly < si der the prohiems that would r sultcfrom a lot o e foot
wide and asked [hat Che strip be increased to a minimum of 10 feet and that road
follow prelimi nd ry plat. IAr. Carter alleged that he wa contractor dnd said that in ~v
his opinion his inspection of the road indi ca [ed that it was in poor condition, that
road sides were opt spdde0, that asphalt on top appears to be thin, that the slopes
Pf the banks for drainage area wa not sloped properly and Fe asked tFat the road
be denied because of the poor condition of the road.
2fi. Dr. Savage then read a letter from Mr. La rter stating that 11r. Lar[er Fad offered
him 810,000 to settle the tli spute but that he had refused that offer and asked far
additional funds for the water if ne and hydrants and upon that, Mr. Carter had with-
drawn his earlier offer of 510,000.
2]. Mayor Hepp state0 that the City didn't have to tleci de on Lhe controversy between
Dr. Savage and Mr. Carter but that [heir decision should be based on the City
En9i peer's advise. Mr. Jim Ross stated that he objected to City a cepting road a
proposed by Dr. Savage. Mr. Charles Katz stated that he was the original person who
asked for Dennissi on to bvi ld road and that the City Attorney had advised him that
where road was built was up to him and that the map wa only to show approximate location.
Mayor Hepp asked Mr. Chacey if City would benefit froms street and Mr. Chacey said yes.
28. CPmni ssi ~~ers Grant and Lonna nn said they thought dispute between Dr. Savage and
Mr. Carter should be settled before the City accepted dedication. Mayor Nepp asked
if there wa any vital need for City to accept dedication at this moment and Mr.
Shrader said that it would be a distinct benefit for tFe City to accept it Mayor
Hepp asked Mr. Chacey if ii were normal to off set a road by one foot and Mr~wLhacey
said no.
29. Motion by Lommi ssi ~~er Grant, seconded by Lommiss inner Us kert to deny acceptance of
Savage Court. Motion ca ried by a vote of three to two with Comm ssi oners Grant,
Lonnann and Us kert votf ng Aye and Lomnissioner O'Leary and Mayor Hepp voti nq Nay.
30. City Administrator's Report:
Mr. Chacey stated that a safety inspection report had been re vetl by khe City's
insurer and that for the first time no discrepancies were reportedcei
Mr. Chacey said that the Police Oepariment had in sed patrol li nq of SR 434 and
that a large number of cersons had been cited for runni ngd red tights.
Mr. Chacey said Chat Longwood would re a Lonxnuni ty Service Grant in the amount
of $3,000.00 to be used on behalf of SeniorcCi tizens.
Mr. Chacey stated that the Florida League of Cities would hold its 55th Annual
Convention in Oria ntlo and that the na s of all Commissioners and Attorney would be
submitted for re rva ti ons. Mr. Chacey asked the Comm ssi on for authority tP purchase
two n vehi cl es sfor the police department n w because the purchase price w s below
that estimated in the budget but that 1962 vehicles would cost approximately 5 to ]
percent m Mr. Chacey as ketl for authority to borrow the funds from the drainage
Punt until October 1, 1981 at which time money would be available from the
Federal Revenue Shari nq Budget.
31. Motion by Lopmi ssi oner Us kert. s Pnded by LPmni ssi oner O'Leary authori zt ng
Mr. Chacey to purchase two 1981 c s far tFe police department with funds to he
borrowed from the Orai page Accountruntil Federal Revenue Sharing Funds are available
after October 1, 19tH. Motion carried by a vnanr moos roll call vote.
32. Mr. Chacey discussed the drainage project for Ra ngeli ne Roatl and stated that he
Fad received penni scion from OER tP equalize the water levels between Island Lake
line Roatl to Lake Searcy. Mr. Chacey said that Fe M1ad been unable to obtain an
nt from George Junes and had an appraisal made on Mr. Jones property which ca e
tos 310,300 per ac Mr. LFa cey asked the Commission to authorize payment of the m
appraised price toeM1ir. Jones for the a ent and that condemnation proceedings be
autnpri zed if Mr. Jones refused offer.as LOmmiSSi ~~er O'Leary asked where this left
project and Mr. Lhacey said [oat he would Dut pipe under Ran9el ine Road next year and
buy land from Mr. Jones.
33. Motion by Conant ssi ~~er Grant, s onded by Lommissi ~~er Lormann to authorize Mr.
Chacey to negoti ate with Mr. Jones for ne sa ry easement at assessed valuation.
Motion carried by a unanimous roll call vote.
34. Mr. Lhacey suggested that the City donate two acres of City property north of
the City to the State far u site for a State Crime Lab wni ch would i
the value of the other two acres.a Coinmi ssioner Uskert and Grant said they were opposed
to g; Vinq the property.
35. Mr. Lhacey stated that he had submitted a report to the Conmi ssioners co ni n9
the membership of the land Planning Agency and listing the terms and expi rationeda tes
of each member.
36. The City Attorney did not Fave a report.
3J. Conmi ssioner Uskert stated that he had re vetl a letter of resignation from
Mrs. Virginia Warner stating that she w signing from the land Planning Agency
effective August 10, 1981. Lonmissi Doers Uskert no noted Mr. Harvey 5meri is on as
replacement far Mrs, Warner, The Lommi ssi on accepted Mrs. Warner's resignation and
asked that a Certificate of Appreciation be prepared thanking her For Fer se
Mr. Narvey Sme ril son tendered his resignation a n alternate member to the Codes
Enforcement Boa rtl and tFe Lomni ssion un ou sly appointed Mr. 5meri ison to the
Land Planning Agency to complete the terms of Mrs. Warner.
38. Lommi ssioner O'Leary asked if the City w e that the Saddle Up s
selling DM50 and Mr. Lhacey said yes, but thatsthere wa nothing the City cool tlwtlo
since they were not advertising it for medical reasons.
39. Comm ssi oner Lormann said she objected to the persons sell ing flowers on street
competition to the established florist shops. LFief Gregg Manning stated
that then post ce w noble to prevent them s e they w religious group. Mr.
Owen stated that n w laws w ing wni ch prohibits reliq ions sects from operating at
airports and that we shouldeinvestigate them to determine if they will prevent
religious sects Elam selling goods without license.
40. Motion by Commissioner Lonnann, s conded by Commissioner Uskert that City pay
approved bills. Motion carried by unanl moos vote.
41. Comm ssioner Lormann stated that three LPA positions would expire in 1982 and
that zoning ordinance states that only two snoultl expire in one year.
42. Motion by Conmi ssi oner Lormann, s onded by Commissioner Uskert that teem of M1ir.
Robert Hammond be extended by one yea reC Motion carried by unanimous roll call vote.
43. Mayor liepp s{ated tFat M1e had received a letter from the Board of County
Commissioners stating that Longwood's request that no parking signs be erected on
CR 42I was approved. Lnief Manning stated that he would work wi to Mr.Les ter,
Traffic Engineer for Seminole County, to make sure signs a e placed properly.
44. playor Hepp said he had r a letter from Mr. Rooks s ing that [M1e Pel tzman
sui against Lhe City Fatl beenrdismissed. Mayor llepp also stated teak the County had
to rnetl down the Ci [y's request for flashing lights at Lyman nigh Schopt. The Lnmmi ssi
asked Mr. Lha cey to prepare another letter repeating the request and pointing out the
45. Lwmni ssi ~~er Lorma nn stated that the City Matl r ved a request From the Lhai rma
of the Codes Enforcement Board asking that Mr. B. H. eFa rrell be reappointed to tM1e
Board. TM1e bylaws of tM1e board require that a ember forfeit his position if he i
able t for i cute ve mee ings without not~i fi cati on antl Mr. Farrell was not aware
of this prove si an.
4E. Motion by Commissioner Lo nnann, s onded by Conmissi ~~er bra nt that Mr. B. H.
Farrell be reappointed to se aneAl term to on the Lodes Enforcement Boa rtl.
Motion carried by unanimous voteas
47. The meeti n9 was atlj Darned at 10:50 P.M.
r, Li y o ongwo ,Florida
ATTEST:
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