Longwood commission approves zoning change, standalone pharmacy and new telecom right-of-way escrow rules; schedules budget hearings

The Longwood City Commission on June 2 unanimously approved three ordinances affecting land use, a standalone pharmacy and communications permits, confirmed a local intergovernmental representative, approved routine consent items and set dates for public hearings on the fiscal 2025–26 budget.

The most contested item was a change to the city's rules for communications infrastructure in public rights-of-way, where the commission adopted an amendment that requires financial security for permit holders but allows either cash escrow or a letter of credit. The City's public works director said the requirement responds to repeated contractor incidents in the right-of-way; a Charter Communications representative urged the council to set amounts that are proportional to likely restoration costs.

The ordinance votes and other formal actions came with no recorded dissents: each ordinance passed on 5'0'0votes. The commission also approved the consent agenda (items 10A'D), appointed representatives to a regional intergovernmental council, and scheduled two dates for hearings on the fiscal 2025'26 budget.

The votes

- Ordinance 25-22-267 (comprehensive-plan small-scale amendment and corresponding zoning change): Approved 5'0'0''0votes. The ordinance amends the city's comprehensive plan future land use designation and the zoning map for the parcel identified in the ordinance packet (file numbers given in the agenda). The city attorney read the ordinance by title during the public hearing; no members of the public spoke for or against. Commissioner Matthew McMillan moved to approve the item; Commissioner Tony Boney seconded. Roll call: Deputy Mayor Shoemaker — yes; Commissioner Boney — yes; Commissioner McMillan — yes; Commissioner Morgan — yes; Mayor Brian Sackett — yes.

- Ordinance 25-22-268 (non-codified amendment to permit a standalone pharmacy at 876 S. U.S. Highway 1792): Approved 5'0'0''0votes. The ordinance was read by title only and enacted after a public hearing with no speakers. Commissioner Morgan moved reading/approval by title; the motion passed on a unanimous roll call.

- Ordinance 25-22-269 (amendments to Chapter 78, Article 2: communications facilities and public rights-of-way permitting): Approved 5'0'0''0votes. The final ordinance, as adopted, includes a modification made after staff's conference with Charter Spectrum: permit applicants may post either cash escrow or a bank letter of credit to satisfy the security requirement. City staff recommended the modified text; public works director Chad Smith provided incident counts and cost context and recommended adoption. Kate Wallace, director of state government affairs for Charter Communications, told the commission the company supports the option to use a letter of credit but urged the city to calibrate the dollar amounts to likely restoration costs and noted Spectrum's existing insurance coverage. Commissioner Tony Boney moved approval and Commissioner McMillan seconded; the item passed unanimously.

Other formal actions

- Consent agenda (items 10A'D): Approved unanimously on a motion by Deputy Mayor Shoemaker and seconded by Commissioner Tony Boney.

- Board appointment: The commission designated Commissioner Morgan as primary and Commissioner Shoemaker as alternate representative to the Council of Local Governments in Central County (referred to in the meeting as "Cal No"). The appointment was approved by voice vote.

- Regular business (12A): The commission approved new dates for budget hearings and adoption of the fiscal 2025'26 budget, scheduling Thursday, Sept. 4 and Monday, Sept. 15, 2025, for the required public hearings. The item was approved unanimously.

Discussion highlights and clarifications

- Right-of-way incidents and costs: Chad Smith, Longwood public works director, said the city has recorded 58 right-of-way incidents since the city began tracking them (period cited in staff notes), including 13 classified as major and roughly 45 classified as minor. He said one larger incident required pumping and reimbursement to the city that exceeded $10,000 and estimated an average response/repair cost (including staff time and equipment) around $5,000 per incident. Smith provided those figures in support of requiring financial security from permit holders.

- Letter-of-credit option: The city attorney and staff explained that allowing a bank letter of credit as an alternative to posting cash provides equivalent security while reducing immediate cashflow impacts on contractors. Kate Wallace of Charter Communications said the allowance "is huge" for the company and recommended that the city "right-size" the required amounts to the cost of restoring the right-of-way; she said catastrophic losses could exceed $250,000 and noted Charter's own insurance limits.

- Scope and applicability: City staff indicated the new right-of-way permit security requirement will apply broadly to communications installers working in Longwood's public rights-of-way, not only to a single company. The ordinance language adopted includes the modifications discussed with industry representatives.

What the commission did not do

- The commission did not amend the adopted amounts on the floor during the meeting; staff and industry representatives discussed the $25,000 and $250,000 figures reported in the staff briefing, and Charter urged the city to ensure any figure reflects restoration costs. The ordinance adopted allows the letter-of-credit alternative but retains the dollar figures as presented in the packet.

Next steps

The commission's schedule sets final budget hearings for early and mid-September; implementation of the communications permit rule will proceed under the city's administrative processes and permit application system, with staff available to answer follow-up questions from utilities and contractors.

(Direct quotes and attributions are from meeting participants on the public record.)