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CCMtg06-01-09Min LONGWOOD CITY COMMISSION `L.._.~ Longwood City Commission. Chambers 175 West Warren Avenue Longwood, :Florida MINUTES JUNE 1, :009 7:00 P.].VI. Present: Mayor H.G. "Butch" Bundy Deputy Mayor John C.1Vlaingo~t Commissioner Joe Durso Commissioner Mike Holt Commissioner Brian D. Sackett Donovan A. Roper, Acting City Attorney Katrina Powell, City Administrator Sarah M. Mirus, City Clerk Tom Jackson, Police Chief Lt. David Dowda, Police Department Commander Russ Cohen, Interim Director of Community Services Chris Kintner, Community De~~elopment Coordinator 1. CALL TO ORDER. Mayor Bundy called the meeting to order at 7:00 p.m. 2. A moment of SILENT MEDITATIOhf was followed by the PLEDGE OF ALLEGIANCE. 3. COMMiJNITY ANNOUNCEMENTS. None. 4. RECOGNITIONS. A. District #1 Presentation of the ]Business Person of the Month Award for June 2009 to Marc McLarn.on, President and Owner of Audina Hearing Instruments, located at 165 East Wildmere Avenue. Deputy Mayor Maingot read a brief biography on Mr. Marc McLarnon, President /Owner of Audina Hearing Instruments, located at 165 East Wildmere Avenue. He presented him with the Business Person of the Month Award for June 2009. Photographs were then taken. Mayor Bundy said he had an Iterr~ that was not on the Agenda. He reviewed the accomplishments by Chief Jackson over the last 100 plus days and stated the Commission would like to present a plaque to Thomas S. Jackson, Jr. for his dedication and service as Acting City Administrator from February 1, 2009 to May 2`,, 2009. Photographs were then taken. CC 06-01-09/331 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Land Planning Agency. ~ I Commissioner Sackett deferred the nomination to the June 15; 2009 Commission Meeting. B. Commission nomination of a resident to the Board of Trustees for the Police Officers' and Firefighters' Pension Trust Fund. The Commission deferred to the June 15, 2009 City Commission Meeting. 6. PUBLIC INPUT. A. Presentations. Representatives from Seminole County Government will conduct a presentation on the US 17-92 CRA. Mayor Bundy advised that Seminole County did not get the information to the Commissioners until late Friday. They requested that the Presentation be postponed until the June 15, 2009 Meeting to allow the Commission time to review the information. B. Public Participation. JoAnne Rebello, 301 Loch Lomand, said on May 18th under Public ~ Participation, she stated that every citizen in this room was entitled to their , opinion and should be able to voice that opinion without fear of recrimination. She also stated that, as public officials, they should aspire to be an example to others, to hold themselves to a higher standard. She said that soon after her comments, one public participant was cut-off and denied his first amendment rights when voicing his opinion. She said that under Commissioner Durso's report,. she had to sit quietly for over five minutes while he gave his sermon from the dais with no chance of rebuttal. She stated tonight she would like to address some of his comments personally directed towards her. She declared when a citizen wishes to speak on issues and prefers to address their grievances to the Commission as a whole, rather than to an individual Commissioner, is that not their right under State and Federal Law. She said she was accused of making inflammatory statements, not. doing her research, and not stating the facts in whole. She stated it was also inferred by Commissioner Durso, that in fifteen years he had not once seen her name on a ballot. She said she didn't know that was a requirement in order to address her concerns and grievances to this Commission. She stated she made .her statements based on the information that she received under the Public Records Policy Statute, asking questions about those same documents, and then forming her own .opinion. She said that Florida was supposed to have orie of the strongest laws for Government-in-the-Sunshine. She inquired why j her comments. about this Commission's policies and decisions were such a concern to some seated at the dais. She said she spoke in public because `-J speaking individually does not get her point across to each person on the CC 06-01-09Y332 dais. She stated there were citizens in this City that either cannot attend these meetings or choose to participate via the new age of electronics. She ~ declared that when .speaking one-on-one to them, her concerns are silent and the public does not hear them. She said there have been times that she had spoken to issues that not only concern her, but others as well, and they wish to hear all Commissioners' responses, not just one. She stated Commissioner Durso spoke to he;r comments on May 4~' concerning the Fire Union increases. He stated ghat she used inflammatory percentages. She said when a firefighter's base pay goes from $34,660 to $43,067, an increase of $8,407, which was a :425% increase. She stated this was not inflammatory, it was just fact. SYie said that Commissioner Durso stated there were firefighters that have lbeen here ten years making only $500 more than someone who has been here for nine months. She stated she could not find that person. In cor.iclusion, during these unsettling financial times, when so many taxpayers a.re personally struggling to stay afloat, substantial increases in salaries and promotions were unconscionable. She declared that she will continue to question their actions and voice her opinions, as those rights are granted to her under the Constitutions of both Florida and the United States. Kevin Crager, 488 Winding Oak Lane, said he and his wife were here to ask a favor of the City. He stated, he was a neighboring law enforcement officer and has worked for the City of Winter Springs for the last seven ~ years. He has lived in Longwood. for the last four years and his wife's family has lived here for forty some odd years. He said his mother-in-law, Glenna Rivera, passed two days ago. He stated they were going to use the Longwood Community Building for a memorial service for her. However, financially, it would be a great h~;lp to them if the .$200 cleaning fee that is required be waived. He said they were not going to have any food, drinks, or anything that would cause a rriess in the Building. He advised they were scheduled to rent it for tomorrov~ at 6:00 p.m. and they were able to come up with the deposit, but the additional almost $400 with the audio visual and the cleaning fee was causing them a problem and were hoping it could be eliminated. Mayor Bundy said in the past thf;y have remediated the rental fee and left the cleaning. fee. Mr. Crager said they were renting the Building from 5:30 p.m. to 8:30 p.m. so it was $75 plus the audiovisual equipment for another $25. He stated it was ending up costing $105 and then the $200 cleaning fee. Commissioner Sackett suggested a motion be made so the total fee is $135. Commissioner Holt moved that the total fee be $105. Seconded by Commissioner Durso. CC 06-01-09/333 Deputy Mayor Maingot said he knew this was a very difficult situation and one that deserves a lot of serious consideration. He stated his only concern was were they setting. a precedent for anyone else to come and ask for this under those circumstances. Commissioner .Sackett inquired if.she lived here for forty plus years and paid taxes to the City for forty plus years. Mr. Cra~erxesponded~in the affirmative. Mayor Bundy said they probably were setting a precedent, but it was a positive one. Motion carried by a unanimous voice vote. Mayor Bundy clarified if the motion was for a maximum of $135. Commissioner Holt advised his motion was for $105. 7. CONSENT AGENDA. A. Approve Minutes of the May 11, 2009 Special Meeting, the May 18, 2009 Executive Session and the May 18, 2009 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for June 2009. Commissioner Holt moved to approve the Consent Agenda. Seconded by Commissioner Durso. Discussion was held regarding Item 7 B. Motion carried by a unanimous roll call vote. 8. PUBLIC HEARINGS. A. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set June 15, 2009 as the second public hearing date, and approve the first reading of Ordinance 09-1894 amending the Longwood Development Code as it relates to tree protection standards (LDCA 02-09). Mr. Roper announced having proof of publication. He then read Ordinance No. 09-1894 by title only. Mayor Bundy opened the public hearing. No one. spoke. in favor or in opposition. to the Ordinance. ~ Commissioner Holt moved to close the public hearing. Seconded by Commissioner Sackett and carried by a unanimous voice vote. CC 06-01-09/334. Commissioner Holt moved to approve the first reading of Ordinance No. 09-1894 z~nd set June 15, 2009 as the second public ` hearing date, as presented, Item 8 A. Seconded by Commissioner Durso. Mr. Kintner said the purpose of this Ordinance was to establish an off site tree mitigation account. He stated what drives an Ordinance like this was looking at trees as an important asset of a community.. He said throughout the City of Longwood, especially in the Historic District, there are trees that add. a great deal of character and personality to the. community as a whole. An Ordinance like this attempts to maintain those trees as assets by creating a system where trees that are removed as part of development have a monetary amount associa~~:ed with them to allow the City to replace those trees in areas of City right-of--ways and City parks. He stated, in general, once the account is set u.p, anytime a development comes in that takes out a tree, there is an associated fee schedule with that and those funds are deposited into that account to allow the City to do any kinds of projects related to trees. He advi:;ed the Ordinance establishes that it can be used for right-of--ways, parks, tree maintenance, and tree surveys. He said it greatly augments the City"s tree protection program and helps establish a stronger ability for thf; City to maintain the trees we do have. He stated. there was also a section regarding establishing a Tree ~ Preservation. Board that would allow the Commission to start this Board if it were something the Commission desired. He affirmed. that all of these items would allow the City to earn the Tree City USA. designation if this was something the Commission would like to pursue. He advised that this designation would allow the City to have an advantage on some grant funding for trees. Commissioner Durso inquired where the fee structure for the trees came from. Mr. Kintner advised this fee structure came from the City of Winter Park. He said there were a few different ways this could be done and this was one option. He stated one of the positives about this option was that it is clearer in the way it is broken down. Some of the other options establish cost for tree removal and saying 'the developer will pay the cost of replacing that tree, and the cost v?ould be determined at that time. Commissioner Durso inquired if this provision was aimed more towards new development and commerci:~1 development or redevelopment more than it was towards residential. Mr. Kintner responded in the affirmative. He said the way our Ordinance is set up now, single-family residential is exempt from these requirements and that was not being changed with this Ordinance. CC Ob-O1-09/335 Deputy Mayor Maingot said he would have some modifications the next time this comes up. He stated it was good for the City to have a bank, but at the same time; it has to be reasonable with the equation in terms of the cost for replacement. He said he wanted to look further into how they arrived at these figures as well as the selection of material. Commissioner Sackett said he liked that they were moving forward with something like this. He inquired what was Tree City USA, and if he used this in a larger City, would everyone know what is Tree City USA. Nlr. Kintner advised that Tree. City USA was established by the Arbor Day Foundation and it is national. Commissioner Sackett inquired if they would require this Tree Board to be accepted under their domain. IYIr. Kintner said they have a couple of different ways it can be approached. He stated a Tree Board was one option and having an arborist on staff was another option. He explained the way it was worded in the Ordinance was at the Commission's discretion if they desired to create a Tree Board. Commissioner Sackett said this was another case under Section D, Paragraph 3 (c), where they were placing fees within an Ordinance. He stated they were talking about getting away from fee structures in Ordinances so they would not have to change the Ordinance every time the fee structure changed. Mr. Roper advised that was his recall the last time they discussed fee schedules. Commissioner Sackett inquired if the 3 to 1 ratio and illegal tree removal were Winter Park numbers as well. Mr. Kintner said he believed that came from the same structure. Commissioner Sackett asked how a tree fund works. He inquired if it became very particular to the trees, or does it go into the General Fund. 1V1r. Kintner said the way it is set up in this document it would be specifically for those tree related functions. Commissioner Sackett inquired if this would be overseen by our Administrator. Mr. Kintner responded in the affirmative. CC 06-01-09/336 ' Commissioner Sackett said in building this fund,. how soon would they do ~ ~ disbursements. He inquired if they wanted to grow this fund to a large amount, or would it be a negligible amount. Mr. Kintner said this would be something the City Administrator would decide. He stated if there was a Tree Preservation Board, they could be tasked with establishing a long tf;rm plan. Commissioner Holt said Commissioner Sackett. touched on the subject under Section D, Paragraph 3 (cy, fees being collected in lieu of. He asked the City Attorney if the fees were not in the Ordinance, how this could be addressed. Mr. Roper said it could be addressed generally in the Ordinance as a matter of policy and state it was to be set from time to time or annually as a matter of policy by either the City Administrator or the City Commission. He stated this way they would not have to constantly amend the Ordinance. Mayor Bundy said he thought the appropriate way to do this would be to refer it to the appropriate fee schedule rather than listing the fees in the Ordinance. Commissioner Holt inquired if they would see that in the next reading. Mr. Roper responded in the affir.mafive. He said he would also get with Deputy Mayor Maingot on his changes. Commissioner Holt said he would like to see some language addressing an arborist that either the residents ~~r staff could get hold of. He stated a lot of times they will have question:; on the legalities of taking down a tree. He said he would assume the fir:;t step would be Codes Enforcement, then to the Board for enforcement. Ms. Powell said the first step would be Community Services when they submit their plans to remove the tree. She stated from that point they would be able to direct to the ne;~t step. Mr. Roper recommended if they were. going to recommend an arborist, that it be a certified arborist. Commissioner Holt said he wani:ed to simplify the process of getting hold of an arborist. 1 Ms. Powell said in a lot of cases:, the County will work with you in letting you utilize their arborist in those particular cases. She stated she would work with staff to see if this was something that Seminole County would offer. CC 06-01-09/337 Mayor Bundy said it needed to be understood that if an arborist goes out, the City will not pay for the arborist to examine a tree on private property. I Motion carried by a unanimous roll call vote. ~ B. The City Administrator recommends the City Commission adopt Ordinance No. 09-1895 establishing a temporary moratorium on the review and issuance of permits for game rooms, arcades, dance halls, Internet cafes, and similar indoor entertainment and amusement activities pending the investigation of the permitting criteria of such activities. Mr. Roper read Ordinance No. 09-1895 by title only. Mayor Bundy opened the public hearing. No one spoke in favor or in opposition to the, Ordinance. Commissioner Holt moved to close the public hearing. Seconded by Deputy Mayor Maingot and carried by a unanimous voice vote. Commissioner Holt moved to adopt Ordinance No. 09-1895, as presented, Public Hearing Item 8 B. Seconded by Deputy Mayor Maingot. Deputy Mayor Maingot said for the edification of the public, it might be appropriate for someone associated with what they are trying to accomplish to provide some background. Ms. Powell said this was something that Commissioner Sackett had brought up numerous times, regarding the Internet Cafes in town and the fact that we continue to receive .applications on a daily basis. She stated at the last City Commission. Meeting the Commission voted to place a moratorium on any additional applications coming in so no additional Internet Cafes could open until we can determine what we can do with the one that is open. She said the City Attorney worked with staff to come up with this Ordinance addressing Internet Cafes, and it was basically a carbon of what the Commission approved several years ago, but it did not include the words "Internet Cafe" at that time.. Deputy Mayor Maingot inquired if this had been thoroughly vetted legally and could withstand legal challenge. Mr. Roper responded in the affirmative. He advised it was placing a 90 day temporary moratorium on the issuance of any new or similar permits for entities other than the Internet Cafe that, is already in existence. Deputy Mayor Maingot inquired if there was' no affect on those currently ~J in operation. CC 06-01-09/338 Mr. Roper advised there was only one currently in operation and it would ~ not affect it. Commissioner Sackett inquired if anything had been carried through regarding the one in operation. Mr. Roper advised he spoke with Codes Enforcement recently and they are looking into the matter. ' Commissioner Sackett inquired if they have not finalized things by the end of the 90 days, can they extend ii:. He asked why they call this an emergency. 1VIr. Roper said it was because of'the need for immediate action due to the numerous applications coming ire and in light of the ongoing questions as to whether the current Internet Cafe was or was not in compliance with the terms and provisions of the original permit. Commissioner Sackett inquired `Nhat needed to be done during. this 90 day period of time. Mr. Roper advised Codes Enforcement needs to take the lead and said he ~ has had several conversations with Commander Cohen regarding the matter. Motion carried by a unanimous roll call vote. 9. REGULAR BUSINESS. A. The Community Development Division of the Community Services Department recommends the (:ity Commission consider the request for Historic District Matching Grant funds for the renovation of the building located at 211 West V`'arren Avenue and take action the City Commission deems appropriate. Brian L. Roy, 211 West Warren .Avenue, said he was the Owner of the property. He stated they were in the process of renovating the building due to the fire: damage to the building; from a couple of years ago. He said they obviously want to meet all of the requirements for the different paint ' colors allowed. They reviewed the Code that recently came out regarding the paint colors. He stated their first option meets all of the requirements and they are simply requesting the Commission to provide some funding for this. He said there was one de;viation.he would like to bring to the Commission's attention. He state;d the universal Khaki color they were recommending was slightly lighter than the version allowed in the Code ~ book. However, they submitted this to the City who passed it along to ACi for review and they came back recommending this color. He stated they estimate the cost will be around '615,000 and they have price quotes from CC 06-01-09/339 several people: They are asking for the maximum allowed grant funding through the Historic District of $5,000 to assist them in this endeavor. Commissioner Sackett said he didn't understand the ACi comment regarding the body being a trim color. Mr~Roy said their original submittal used a trim color for the body color. ACi recommended they change that, which is what they did and that. is before the Commission at this time. Deputy Mayor Maingot inquired what amount was currently in the fund. Mayor Bundy said there was $4,600 remaining in the fund for the year. Deputy Mayor Maingot said they need to bear in mind the importance of that historic contributing house and the tremendous job of renovations being undertaken: He stated they should try to assist in anyway they can, even if it means that fund is wiped out for the year. He declared when you think in terms of the overall cost being.. involved in the complete rehabilitation of that structure, what is being asked for was a small contribution being made. He said this would further enhance and make a big difference to the beauty of the Downtown Historic area. Commissioner Holt inquired if Mr. Roy fully understands the project must be completed within six months and the grant money would not be paid 1-~ unfil the project was completed and in compliance with all approvals. He asked how far along they were prior to starting to paint. Mr~Rov said they would order the paint colors tomorrow morning. He advised they would be completed with the entire project in June. Commander Cohen said they spoke with Finance today and there were some other funds available in the fixed asset account line .should the Commission wish to award the full amount. Deputy Mayor Maingot moved to grant to the Applicant, under Item 9 A, the $4,600 currently in the fund. Seconded by Commissioner Sackett. Commissioner Durso inquired what the number of applications they had received was. Mayor Bundy advised they received one every couple of years or so. Commissioner Holt said the fund remained stagnant for a couple of years ~ and he knows of three applications. ,~J CC 06-01-09/340 Commissioner Sackett said they wished they could give the $5,000, but thin would take an Ordinance wluch is three times the price. Motion carried by a unanimous roll call vote. B. The City Clerk recommends the City Commission read by title only, set June 15, 2009 as the public .hearing date, and approve the first reading of Ordinance No. 09-1896 amending Chapter 30, entitled "Election" of the City Code. Mr. Roper read Ordinance No. 09-1896 byttle only. Deputy Mayor Maingot. moved to approve at first reading Ordinance No. 09-1896 ~md set June 15, 2009 as a public hearing date. Seconded by Commissioner Durso. Commissioner Holt said it was going to cost us $6,000 and they dictate when and how long the early voting was going to be. Mayor Bundy clarified if we designated the Commission Chambers for Early Voting it would cost an ad~Jitional $6,000. He stated this was in addition to what it will cost for the off-year election for which we bear the entire cost since it is not a count;~wide election. He said we were required ~ to have Early Voting. Ms. Mirus said the Supervisor of Elections Office would hold Early Voting. Motion carried by a unanimous roll call vote. 10. CITY ADMINISTRATOR'S REPORT. Ms. Powell thanked the City Commission for appointing her to this position last week. She said it has been a very busy five days. She reported that today they had a "Meet and Greet" with the employees chat was very well received. She stated there were. approximately seventy five employees attending. She said Chief Jackson received a standing ovation this morning for a j ob well done over the last 117 days that he was in this position. Ms. Powell reported she would be interviewing Financial Director applicants this week and City Engineer/Public Works Director applicants. She advised the City's revenues were down this year just 3% fo:r this particular budget year and the Mayor would talk in depth regarding the letter received from the Property Appraiser this afternoon. ~ 11. MAYOR AND COMMISSIONERS' F';EPORT. District #1. Deputy Mayor Maingot said he and Ms. IVlirus received a letter from the National Park Service in regards to the Wekiva River System Advisory CC 06-01-0:x/341 Management Committee. He has been serving as the Alternate and Dan Anderson used to be the representative. They are requesting the City appoint a new Primary ~ Member and also an Alternate. Commissioner Holt moved to appoint Deputy Mayor Maingot as the Primary Member and Commissioner Sackett as the Alternate. Seconded by Deputy Mayor Maingot and carried by a unanimous voice vote. Deputy Mayor Maingot said with regard to the City Administrator holding the briefing session with staff today to not only greet them, and inquired if it also was to lay out her vision for the City. Ms. Powell responded in the affirmative, with regards to the employees. Deputy Mayor Maingot said that was most appropriate. However, he said something that has been bothering him and he requested the information be provided in regards to the total cost of the renovation work recently done at City Hall, including the cost of the furniture, materials, and labor. He inquired if this renovation was budgeted and if so, what line items he can find the information. He also inquired who authorized this renovation and said he did not believe this was ever brought before the Commission. District #2. Commissioner Durso thanked Ms. Powell and congratulated her on ~ starting as City Administrator last week. He said he has spoken to several City employees that were more than happy to have that time with her this morning and get a fix on what they are going to be doing over the next few years. He stated the budget item Deputy Mayor Maingot was referring to was Shell gasoline expenditures and requested the City Administrator let them know what the $728.50 was spent on from page 7 of the Approved Expenditure List. Mayor Bundy said he thought Chief Jackson could shed some light on this matter. Chief Jackson said that the fuel expenditure from Shell was on the Police Department and the problem with the Striker fuel being a lower octane grade. He stated when this was put in the Harley's they will stall with hazardous consequences. Also, some of the other vehicles they have require a higher octane fuel. He said for the thirteen years he has been Chief, they have had a monthly expenditure on this and it has been a reoccurring cost. He advised there were some rebates received on the taxes paid at the pump. Commissioner Durso reported he attended the Children's Cabinet Meeting on behalf of Commissioner Holt last week. They are planning on creating a comprehensive unified effort among all of the partnering agencies in the Children's Cabinet and he brought back some information for Commissioner Holt from that meeting. He reported he attended the Regional Planning Association (RPA) Meeting. He said the people participating in the Community Redevelopment Area (CRA) are excited about the possibility of the City of ~ CC 06-O1-09/342 ~ ~ Longwood joining and they are looking forward to the City reviewing the information, having an open discussion with them and moving forward. District #3. Commissioner Holt welcor.~ned Ms. Powell to the dais this evening. He requested an update on the Blackadar Project regarding the exposed generator. He said staff was looking into some kind of buffer being re-installed. He reported that he attended Career Day at Longwood Elementary as did several other Commissioners and staff. He stated this was an eye opener for fifth graders to tell you what the future was for them. District #4. Mayor Bundy said he also ;attended Career Day at Longwood Elementary.and he felt that our future was in good hands. He reported at the Mayors and Managers Meeting there wa.s a discussion item for annexing Milwee Middle School into the City of Longwood. Casselberry also made that offer. However, the School Board has taken the approach to .stay neutral. He reported we had also approached the School Board regarding annexing Woodlands Elementary and the County has some is~;ues with that. He reiterated the School Board would remain neutral on this mati:er. He said he felt this would be resolved and a couple of the School Board Members have indicated they were interested in pursuing it further. Mayor Bundy said they received copies of the Property Appraiser's first estimate , for the officia12009 taxable valuation. F[e stated it was a decrease of 10.08% from ~ last year. However, translating this to a dollar value, they were looking at approximately a $564,000 decrease from last year. He said the City Administrator has already identified areas that we can .absorb this funding decrease. He stated because of what they did a few years ago with the millage rate,. they were in good shape. The City does not have any debt service to worry about, and. we are in a position of approximately $12 million in reserves. He said, as the City Administrator pointed out, the overall revenue was down about 3%. He stated in view of the economic situation, we were in good shape and can weather the storm. District #5. Commissioner Sackett said the Farmers Market has closed and inquired if the process over the summer was for reevaluation. Ms. Powell responded in the affirmative. Commissioner Sackett reported he attended the retirement party for Chief Mooney. He inquired if anyone was able; to attend the DARE Graduation at Longwood Elementary and said he hoped this was a good celebration for the children. He said the next day they saw These children at Career Day. He pointed out that next year at Woodland's Elementary they have 170 fifth graders, none of them receiving DARE education and affirmed that we needed to do something with the County to help this along. He reported he was at Candyland Park this past Saturday and gave out trophies for i:he ending ceremonies and they had 702 children participating in that program. He requested an update for Summer Camp and inquired if this was a money maker for the City. CC 06-01-09/343 Ms. Powell said it was not made to be a money maker for the City, but we try to - cover the cost of providing the camp. I Commissioner Sackett suggested they start.to plan for the September 11~` Memorial Celebration. 12. CITY ATTORNEY'S REPORT. Mr. Roper reported at the Apri120, 2009 Meeting, the Commission moved forward to this Meeting the issue of review of the Ethics Committee recommendations. He said Deputy Mayor Maingot had recommended in April their office review what had been presented by the Ethics Committee from the standpoint of recommendations. He stated they also spoke to a couple of Attorneys from the Florida Commission on Ethics regarding their potential desire to implement some, type of Ethical Standards that are more stringent than, or in excess of, what the .State mandate is under the Florida Commission on Ethics. According to two Attorneys, he spoke with at the Ethics Commission, as long as the more stringent standards are not in conflict with existing State law and is not more relaxed than the minimum mandate of State law;, the City of Longwood is free to go ahead and can implement more stringent standards. He said the problem, pragmatically speaking, is who will enforce the Ordinance or Resolution after it has been passed which has these standards over and above the State Statutes and State mandate, and how will they be enforced. He stated he could give a good example in a recent one which is the Sanford Ordinance No. 2009-4160 that was passed on February 9, 2009. He said he has looked at it and it does not state who or by what mechanism that Ordinance is ~ j enforced, but one can certainly take it that the Sanford City Commission can and ~ very well might enforce that Ordinance at some point in time in the future. He stated he did like the Ordinance from Sanford in that it initially delineates all of the twenty different State Statutes that apply to ethical behavior. He said the Sanford Ordinance was good in that it addresses all of the worthy comments and attributes that the Ethics Committee put forth, yet it deletes some of the suggestions that were amended in subsequent submittals by the Ethics Committee Members themselves. He stated there were meritorious 'issues in there that can be added to. However, the thing that has to be made clear is that the Florida Ethics Commission will not come here and enforce a City ordinance. They will restrict themselves to State Statute. He suggested the Commission could approach the ordinance similar to the way Sanford has and pass it without delineating who and how the Ordinance will be enforced. Mr. Roper said he reviewed multiple times the Orange County report that was distributed last year. He stated a lot it was good, but it did not really help the City from the standpoint of how and what means to enact either a resolution or an ordinance. He advised that almost all of the cities that are doing this have done it via ordinance rather than resolution. He advised it was possible, but enforcement was the pragmatic issue. He said they may recall this came up with the Mr. John Drago with an Ethics Commission complaint against him towards the end of his tenure. Around the same time the Commission was considering doing an ~ independent investigation into the same alleged conduct, and there were a couple of other items listed that were not in the Florida Ethics Commission complaint. CC 06-01-09/344 He affirmed the City Commission elected to step aside and let the Ethics ~ Commission conduct their investigation separate and apart. He. stated he brings ~ that up, because if the City does pass an. ordinance,. they do run the potential of having a two tier type of investigation going on at the same time and that was not necessarily desirable. Deputy Mayor Maingot said in hearing what Mr. Roper said and having read what others have done, he inquired what would be the value in going down that route. He stated if they did not have a situation where there was enforcement, all they would be doing is incurring additional cost. He declared they might as well follow and abide what the State dictates. He said they should move forward if something could be done about. it. Mr. Roper said what they would be doing is setting the bar higher by creating an ordinance over and above the State Stat~~te, but they are applying. it in that local as an extra heightening of the bar. He stated he was right, there has to be some decision made as to who is going to enforce. it and how they are going to do that. Deputy Mayor Maingot said he sees it a;~ being an acrimonious setting, without being able to have any proper jurisdictional control or implementation. He stated they were not. going to achieve anything by that. Commissioner Sackett said he would like for the Commission to receive a copy of the Sanford document. Mr. Roper reported in regards to the Oakwood Case, they are awaiting Mr. Dan Willard's response and comments on a lot of the last minute changes to the proposed Oakwood Development Plans :from the May 20~' electronic mail. Mayor Bundy said the site plan that shown the oak tree they wanted to save is not an oak tree. It is a camphor tree. He stated another issue was that directly under the footprint of where one of the houses is going; there is a stormwater drain for the parking lot.. He said these pipes would most likely need to be relocated. Mr. Roper advised this was one of the is;~ues Mr. Willard would be addressing. Mr. Roper advised there was a conference call scheduled for Wednesday of this week with the Public Risk Management :people on the East Coast Choppers Notice of Claim letter. He said he woulel be providing a written report and recommendation following that call. If tl~e Commission desires to discuss this matter, they will need to schedule a Shade Meeting. Mayor Bundy .said he had discussed the Demetree issue with the City Attorney, and they would not need a Shade Meeting as long as there was a consensus to take ~ the Attorney's recommendation to try and mediate the case. CC 06-01-0!x/345 Mr. Roper advised he has spoken with Mayor Bundy and with Commissioner Holt regarding this matter, but still needed to speak with the other three ~J Commissioners. Commissioner Holt moved to proceed with mediation. Seconded by Commissioner Sackett and carried by a unanimous voice vote. 13. CITY CLERK'S REPORT. No report. 14. ADJOURN. Mayor Bundy adjourned the meeting. at 8:38 p.m. ` ~ f Ha ood G. Bundy, J Mayor ATTEST: ~~G10 Sarah M. l~frus, MMC, MBA Ct3~ Clerk 1`~ CC 06-01-09/346