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CCMtg05-21-07MinI~®I~TG~V~O~ C]['~'Y ~~1VIl®!IISSI®l~ ~,, ILongwood City Commission Chambers 175 West ~darren Avenue . 1_,ongwood,l~'iorida 1Vg1TdlUTIES NgA~' 21, 20®7 70®0 P.P'1. Present: Mayor John C. Maingot Deputy Mayor Mike Ilolt Commissioner H.G. "Butch" Bumdy, Jr. Commissioner Brian D. Saickett Commissioner Dan Anderson Teresa S. Roper, Acting City Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk .Paul Sizemore, Interim Director of Community Services Richard I~ornbluh, Division Manager of Utilities Tom Jackson, Police Chiei' Ryan Spinella, Executive Assist:~nt ',~, ~ 1. ~ CALL TO ORDER. Mayor Maingot cabled the meeting to order at 7:03 p.m. 2. A moment of SILENT MEDITATION was followed by the PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. Ms. Mirus read the following announcement: A. Rock the Park- Candyland Parl;, 599 Longdale Avenue, Thursday, May 24, 2007, 6:00 p.m. uxxtil 9:~D0 p:m. 4. RECOGNITIONS. A. District #1 Presentation. of the Business Person of the Month Award for 1VIay 2007 to William C:. Bentley of Bentley Architects & Engineers, Inc., located at 665 West Warren Avenue. .Mayor Maingot read. a brief biography on Mr. Bentley and presented him with the Business Person of the. Month Award for May 2007... Photographs were then taken. B. District #2 Nomination of the Business Person of the Month Award for June 2007. CC OS-21-07/101 Commissioner Anderson nominated Rafael and Ramona Paulino of Oasis Cuban Cafe, located:at 295 Ronald .Reagan Boulevard. Nomination carried. by a unanimous voice vote. 5. BOARD APP®INTMENTS. None. 6. PIJBI.,IC INPUT. A. Public Participation. None. 7. CITY ADMINISTRATOR'S REPORT. No report. 8. MAYOR AND COMMISSIONERS' REPORT. District #4. Commissioner Bundy said the. Fifth/Third. Bank will be requesting a meeting to discuss the Pic'n Save property. He stated the State Legislature will be meeting in Special Session on June l2~' regarding property taxes. He declared there have been a lot of things said and some of the things he resented. He reviewed some of the tax cut proposals and said the money needed to come from somewhere to run the local governments. He stated there was a to"t of talk about essential and non-essential services: He said he needed explained what non- essential services were, so they would know where to cut funds from the budget. He stated Longwood spent increased revenues hiring six (6) new firefighters and paramedics and purchased new equipment. District #5. No report. District #1. Mayor Maingot.reported he met with. the President and CEO of the Fifth/Third Bank for this area yesterday during, the inauguration of the Longwood branch. He invited him to visit. with the City so he can .share in the City's vision. He reported the Rock Lake Middle School students took first place in the U.S. Army's eCI'MERMISSION competition. He asked for a concurrence to honor the students. It was the concurrence of the Commission to recognize the students of Rock Lake Middle School. District #2. No report. District #3. Deputy Mayor Holt reported he was the City's representative of the Seminole County Alliance which is a child advocacy group. He said they found a lot. of different variables, and what do you do with the victims and the ones who made them victims. He stated the Alliance came up with a Cabinet to bring everyone together. He said they did a small presentation last month and it was currently being scheduled for them to do a formal presentation. 9. CONSENT AGENDA. A. Approve Minutes of the May 7, 2D07 Regular Meeting. .~ CC 05-21-07/102 B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for June 2007. C. Finance Division of the Financial .Services Department recomiriends approval of the 1Vlonthly F:inaneiial Report foi- Apri12007. Commissioner Bundy moved to approve the Consent Agenda as submitted. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS. A. The'Finance Division of the Financial Services Department recommends City Commission read by title. only and adopt Ordinance 07-1829 which amends the Fiscal Fear 06/07 Budget. Ms. Roper announced having proof of publication for all hearings listed on the agenda. She then read Ordinance .No. 07-1829 by title only. Mayor Maingot opened the. public hearing. No one spoke in favor or in opposition to the Ordinance. Commissioner Sackett moved to close the public hearing. l Seconded by Deputy Mayor Holt and carried by a unanimous voice ~ vote. . 1`-~ Deputy Mayor Holt moved. to adopt Ordinance No. 07-1829, as presented, Item 10 A. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. B. The Community Development Division of the Community Services Department recommends the City Commission :read by title only and adopt Ordinance No. 07-1828 amending (L,DCA 02-07) the Longwood Development Code. Ms. Roper read Ordinance 1\ o. 07-1828 by title only. Larry Adams, ACi, thanked everyone in the audience for attending the presentation. He said ACi would be reviewing a summary of the Design Guidebook and how it work.>. He stated this started with whatwas called "The Hamlet Vision." He said there were a lot. of comments received. He stated they looked at the conununi~ty based on 2006 and 2007 market based research and they also studied the history of Longwood.. He stated Longwood was started with very basic ideas. He declared the more things look the same, the less valuable they become. He said there was a Commuter Rail coming soon and Longwood will have a Commuter Rail ~- stop. He stated it was important to develop this into more than a parking ~~ ~ lot. He outlined the recommendations for the Commission and gave the background regarding, the Design (suidebook. He said they need to CC OS-21-07/103 embrace the local area and their needs. He reviewed the Market Expenditure Profile to include secondary trade areas and primary trade ~ areas. He said they were not recommending Longwood change overnight, but there is an opportunity to attract and create more of destination opportunities for the residents. He reviewed photographs to review the various models and best practices of what was being built. He said the idea was to provide more connectivity and sense of place. He affirmed they were looking for higher quality, patterns that address what is missing in the market, and public friendly guidelines acid standards. He emphasized that they believe in an evolutionary process versus a revolutionary process. He said they want people to express themselves and be given the opportunity to be heard. He reviewed the advantages and disadvantages of the Longwood Design Guidebook: He said they were not invading the residential neighborhoods and would be increasing the buffers between the developments. He advised the Longwood Development Code remains the City's technical foundation. He said they would be talking about the importance of the medical aspects and education. He explained the Guidebook is the form based application, and how one would~visualize and understand the designs. He said t_he real goal was to provide higher quality development and investment at a lower cost to the public. He stated this creates greater diversities of housing and retail. He said Warren Avenue provides a fantastic opportunity to become the center of Longwood's daily life: He said it was important to preserve open space. He confirmed Longwood was not a beggar community and has an average household income of over $73,000 a year. He said they need some ~ awareness and education and this information will continue to be available for those interested in learning. He said this would create more value. He reviewed the areas of great importance to include Historic, Health, Transit, Commercial, Gateways and entrances to the City, and Nature areas: He said the vision. has translated itself into eight (8) unique Districts. He reviewed these Districts to include The Heritage Village, The Artisan Village, The Lyman District, The General Hutchinson District, The Island Lake District, The Health Core,. The Historic District, and The Future - Transit Village. He said it is not always about. retail, but he would like to make it known that thanks to Fifth/Third Bank's leadership, they have been able to bring in Publx Supermarkets. He said they conclude by re- . imagining, redefining, and reconnecting. Mayor Maingot opened the; public hearing. The following spoke in favor to the Ordinance: Dr. George W. Sandland, Jr., owner of Retail Resources; Inc., 939 Longdale Avenue, said they were the co-broker in the sale of the former Pic'n Save building to Fifth/Third Bank. He stated from the presentation, everything soLmds very positive. Harvey Gilman, 993 Burlwood Court, said he heard the presentation and ~ did not hear mention of post educational facilities.. CC 05-21-07/104 Mr. Adams said that was a great observation. He stated it was thought of `~ and they tall{ed about the opportunities for 24 hour campuses with digital J arts. He stated -they have intentions to talk with Seminole County Community College. He said he vaas hearing they need. to be a little more aggressive. Commissioner Anderson said he aj~preciates bringing this forward. He said bringing people to Longwood and keeping them hereby attracting people to the cafes and coffee shops. He said they want to create the places so people stay in the City acid are redirected here. Mayor Maingot said the in~~ividual Commissioners attend meetings and have a lot of interaction with Seminole Community College. Jerry Chilik, 109.1 Foggy Brook Place, said he has lived in Longwood for 29 years. He went to the last Commission meeting and. said the vision was fantastic. His concern is about the development of State Road 434 as it looks today. He provided pictures :he had taken of that area and said it is great to have a vision for the future;, but would like them to share what plans are being done to beautify the area. Mayor Maingot said they have been working very diligently with DOT and on the 434 project, He asked 1\~1r. Drago to give an update. }~- Mr. Drago said the road widening. of 434 was a collaborative effort between the CoLU1ty and State. He advised the County was paying for the engineering design of the roadway and the State was buying the right-of- way and doing the improvements. He said they have had several meetings with them where the City has emphasized some of the concerns, one of which is the elimination of the wires. He stated every concern the City proposed to them was too costly. fIe advised the City does not have control of this project. He said they have discussed these issues with them and it comes down to the money. He declared the overhead wires would not be going away as the State would not pay for this. Commissioner Bundy said tl~e sigr~age issue would be addressed in Item 10 C. He stated over 60,000 cars come through Longwood everyday and engineers build roads that get you :from Point A to Point B. He said enough public out-cry would. accomplish_ more. He suggested information be placed on the City's website with links and information, so the public can send their comments. Mr. Drago said if the entire l'ie'n ~>ave-site was redeveloped, then the billboard would go away. He: stated some of the fast food restaurants 1 would go away when the right-of-way is taken. He said they hope to have some cluster developments along the corridor. He stated there will be a ~,. certain amount of retail in the single format due to the size and location of . property. One of the biggest problems Longwood has is when a developer CC OS-:Z1-07/105 looks at property to purchase they prefer to deal with only one or two individuals, not multiple property owners. He said when the Commission targeted those districts there were certain properties within the districts that can be amassed very easily. With the train station, the State will be taking most of that property by Eminent Domain. He affirmed developers can work around this issue. Commissioner Anderson said several years ago they were in negotiations with the power company. He stated something they learned at that time was if the community wan"ts the power lines underground, they have no authority to underground the utilities. Only the' power company has that authority. Progress Energy told the City they would be very glad to underground the power lines provided it is being paid for by another source. He affirmed if the residents were willing to pay additional taxes they could have the underground utilities. However, the ownership would be Progress Energy. He said a previous Commission wanted to get control of the billboards. The current Code does not allow any additional billboards. The State Legislature said we can't take them away because they are someone's property and income. He said if the residents care about the roads, the Commission needs the help of the residents by making this known to the County Commissioners. Mayor Maingot said time was not on our side. He stated the Commission was not, about to give up, and with the residents' help everything is possible. ~~ Mr. Chilik inquired if the City could post the names of the people they can contact on-the website. Commissioner Sackett said the overall goal of State Road 434 was to get people .from I-4 to 41'7 faster. He stated this ignores Longwood and makes us a drive-thru community. He said they don't need to accept that and the City needs the community's help in not accepting this by getting onboard with this mission and vision. Commissioner Bundy said this was going to stop at Rangeline Road going from six lanes to four lanes. He stated it will also be completed prior to the intersection improvements at I-4. He asked the residents to keep this -in mind when making contact. Mr. Drago said they will also place the letter he wrote to the State and the State's response on the City"s website. Mayor Maingot said the presentation this. evening does. not start and end with State Road 434. He stated it was a much larger vision. Deputy Mayor Holt reiterated that 434 was a State Road and the City did ~~ not. have control. He said when. the County came through with Cotuzty CC OS-21-07/106 Road 427 the City and County worked out agreements on the design of the road through the City. Mr. Adams said there were privatF. and. City-owned roads in the City that they would be providing incentives to the private sector as they come to develop in regards to underground utilities. No one spoke in opposition i:o the Ordinance. Deputy Mayor Holt moved. to close the public hearing. Seconded by Commissioner Sa~:,kett and carried by a unanimous voice vote. Commissioner Bundy moved to adopt Ordinance No. 07-1828, as presented and move iorwai;d. Seconded by Commissioner Sackett and carried by a unarumou;~ roll call vote. The Commission recessed at .8:42 p.m. and reconvened at 8:54 p.m. C. The Community Development Division of the Community Services Department recommends the City Commission read by title only, set June 4, 2007 as the second public hearing date and .approve the first reading of Ordinance 07-1!326 to amend the Longwood Development Code (LDCA 01-07j. . Ms. Roper read Ordinance I~~o. 07-1826 by title only. Mr. Spinelli said in his dutie-s as the Assistant City Administrator, decided to provide assistance to the Community Services Department with the sign ordinance and the information was. summarized in the item. He stated he would welcome any questions. Deputy Mayor Holt entered ithe mf;eting at this point. Mayor Maingot opened the public hearing. No one spoke. in favor or in opposition to the Ordinance. Commissioner Sackett moved to close the public hearing. .Seconded by Deputy Mayar Holt and carried by a unanimous voice vote. Mr. Sizemore said, as Mr. Spinelli stated, the item surmnarizes the items addressed in the sign code amendment. He stated this was based on taking the matrix that compared several cities throughout the State, to include a couple of local cities that are generally perceived to have good sign codes. He declared the. basic skeleton and. structure of Longwood's sign ordinance was very good and it was easy to remove the sections not ~ resulting in the types of signs the (:ommission indicated they wanted to CC OS-21-07/107 see. This was replaced with language that. would produce the type of signage that was in keeping with the vision the Commission expressed. Deputy Mayor Holt moved to approve the first reading of Ordinance No. 07-1826 and set June 4, 2007 as the second public hearing, as presented, Item 1'0 C. Seconded by Commissioner Sackett. Commissioner Anderson said when looking through the summary and the Ordinance he appreciated that staff well addressed the issues brought up by the Commission. Commissioner .Sackett inquired how people would be notified that their sign needs to conform and be replaced within 7 years. He said there was one corner store that seems to know the City does not have Codes Enforcement Officers on duty on Sunday and they flash their signs. He asked how an Ordinance was relayed to everyone so there was not an "I didn't know"'situation. Mr. Spinella said these items were published in the newspaper for public notification. He stated in the particular instance such as the alcohol ordinance, a letter was recently sent to all of the businesses allowed to sell alcohol in the City. He said it would. be cost prohibitive to ,send out a huge mailing each time an Ordinance was adopted. Commissioner Sackett said signs. could be critical to people since they would be developing these. He stated this was quite detailed and he would want to make sure there was 100% awareness. Commissioner Anderson said when a sign was damaged and needed to be replaced they will be required to request a permit. and that is when they could be informed. He said the website is a much better communication tool. He declared the Lamplighter, the water bill, and the website were great communication tools. He'suggested a letter be sent to the property owners a year or 6 months before the date on non-conforming signs. Mayor Maingot said this Ordinance was crafted to pay more attention to garage sales and real estate signs. He stated he had some reservations about some of the information with regards to garage sales and real estate signs. He said some control needs to be there, but. they also need to protect the rights of the citizens. in the City. He declared the way it is structured, there is no way a potential purchaser can determine there is a house for sale within a subdivision because real estate signs are prohibited from being in the right-of--way. He suggested all real estate signs be permitted, both private and by a company, with a fee of $25 being charged for a permit to be issued for 90 days and thereafter it may be renewed for an l additiona190 days for a fee of $20. He said real estate or private signs ~1 could continue to be used only at the property location. The City would CC 05-21-07/108 produce "Home For Sale" signs to be used exclusively in the public right- of-way. He stated this would place; the City in control with a generic sign. ~'' He said when there were multiple homes for sale in the subdivision, the sign would be changed to "Homes for Sale." In addition, up to three directional signs can be used on Saturday and Sunday for each permitted property. He stated if there tivere two entrances to the subdivision, a sign would be placed at each entrance. He further suggested, with regards to Garage Sales; one sign.per entrance from Friday 7:00 a.m. to Sunday b:00 p.m. and up to three directional si€;ns; two of ~vhich could be used in the right-of--way. In the case of a cozrv.nunity garage sale, they would produce their own sign and only one would be allowed for the same time period. He declared .garage .sale signs were minuscule compared to one trying to sell their home. Deputy Mayor Holt apologised for being late coming back in. He was talking to a person outside v~Tho painted their building and was told by Codes Enforcement they could no~~. and to come to the City regarding the matter. He said it all falls in line with how to get the word out to the public. He stated the onus was on the property owner or person leasing the property to check with City ]Hall before doing any work. He stated when they first brought up the sign issue: he brought in an example for a generic garage sale sign and it was shot down. One of the reasons was that people like to make their own signs. He said some people own multiple properties in Longwood. According to the Ordinance, they could not put a sign. in ice- their yard with an arrow positing to other property advertising the house for sale. He declared they needed i:o think about how the wording is and come up with something appropriate. He said it had been suggested a sign could be placed at the cluste:c maiTboXes and that was not approved.:1=Ie stated signs were being removed from private property and that was not right. He affirmed they were on the right path, but they have not. reached the point the Mayor was speaking about. Commissioner Bundy said. that he agreed with some and disagreed with some of what has been stated. He ~~greed the City does have a responsibility to educate people when doing something like signage. He said he never had to get a permit to paint a building, so why would anyone getting ready to paint their building check with the City to see. what color they can use. He reiterated we have a responsibility to notify people when making radical changes. He said ii.'the City fulfills their responsibility and sends the notices, then the o~zus is put on the property owner. He suggested each Commissioner meet tivith staff going into more detail. ,Staff ean then develop a matrix just on t:he real estate and garage sale signs. He suggested tabling that portion and. a little more research be done. He stated 6 months was not adequate notice to a business that they need to replace their sign. '~ Commissioner Sackett said he would not support what was said with regards to the real estate sighs. He stated he could see a scenario where the CC OS-21-07/109 front entranceway to a subdivision would have "House for Sale" signs all the time. He declared the educated way of doing things would be to do a search on homes in Longwood. He said he would be agreeable to tabling this. section for now, but he was not thinking in the same way. Commissioner Anderson said he could see some merits in what. was being stated. He stated there would always be a home for sale in the subdivision and the sign would always be there. He declared with some more thought they could find the solution. Ms. Mirus advised she has been working on the garage sale signs. She said there had been no communication regarding this issue and she had been working on a prototype and had planned to bring it up at the June 4~' Commission Meeting. She stated it was not clear whether the Commission wanted to open the right-of-way. Commissioner Bundy moved to table Item 10 C, the first reading of Ordinance 07-1826 until a time that the Commissioners has had an opportunity to meet with staff and they feel comfortable bringing the item back. Mr. Drago suggested the Commission may desire to hold a Workshop after meeting with staff. He stated he remembered very clearly Commissioner Bundy supported the right-of way placement of signs for i garage sale signs and real estate signs were to be placed only on private. ~ property. He said the language in the item. was what the Commission had agreed to. Mayor Maingot suggested they agree upon a date at this time. Commissioner Bundy suggested a Work Session be held on June l lcn 1VIr. Drago said he and Mr. Sizemore would need to know the concerns of each Commissioner in order to devise a matrix. Commissioner Bundy withdrew the previous motion and moved to table tmtil after the Commission has held a Worl€ Session on June 1 lth regarding signs in their entirety. Seconded by Deputy Mayor Holt and carried by a unanimous roll call vote. 11. REGiJI.A12 BUSINESS. A. Cnty Administrator recommends the City Commission read by title only, set June 4, 2007 as the public hearing date and approve the first reading of Ordinance 07-131 amending the City Code relating to the Community Building. 1VIs. Roper read Ordinance No. 07-1831 by title only. CC OS-21-07/110 Deputy Mayor Holt moved. to approve the first reading of Ordinance No. 07-1831 arrcending the City Code, as presented, J Regular Item 11 A, and set June 4, 2007 as the public hearing date. Seconded by Commissioner Bundy. Commissioner Sackett inquired what the actual fee averaged where it is referenced under actual costs per Y~uilding service fee. Mr. Drago advised it was averaging $200 at this time. He said Commissioner Anderson suggested the building service fee and the Police , Officer fee be charged at the actual cost when the building was rented. He said this language would allow ch~~rging the actual fee without amending the Ordinance. Commissioner Sackett. inquired how much the building service fee would fluctuate. Mr. Drago said since the City uses a private service, this was put in there for any future price increases. Commissioner Sackett inquired if :people were made aware of the actual cost when signing the contract. Mr. Drago responded in the affirmative. Commissioner Sackett inquired what it means if the City discovers or a City resident acknowledges rentin;; the building as in amendment 1 D. Mr. Drago said it could be prior to the rental, after, or during the course. of the rental. He said they could hold onto the refund... Ms. Roper said there were ol:her remedies such as refusing to rent the building in the future to the individual. Commissioner Sackett suggested the language be changed from "discovers" to "ascertains". Discussion ensued. Mr. Drago advised he clarified Class A for non-resident and non-City. Commercial City Businesses were added under Class C so if they wanted to use the building. to promote their business, they could rent the building at the City rental rate. He said a business owner who owns a business in the City,. but lives outside the City and desires to rent the building for personal use would pay the noxl-resident rate. He stated Ms. Roper provided a copy of an affidavit to lie signed that verifies they understand the ~nles and it becomes part of thc; contract. CC OS-21-07,/111 Commissioner Bundy said the way Historical Society handles a vendor expanding their booth space by giving them the opportunity to come ~ within the confines of their .area. They are presented an invoice for additional space if not complying and they are no longer eligible to participate in the Festival. He suggested crafting language that states if there is an outstanding balance no future- rentals will be allowed until the balance is paid. 1VIr. Drago said the, City- always has the right to take someone to small claims court. He said the way the Ordinance was crafted, it provides for the right to cancel the reservation and refuse rentals in the future. He stated they may b~e able. to add language to state,. "...until the outstanding balance is paid." Ms. Roper suggested. in the contract that. is signed they may be able to have them agree that if it is ascertained after the deposit has been returned and it is proven the building was rented for a purpose not originally stated in the affidavit that they agree to be billed and pay for the difference. She said this would be a paper trail for small claims court. Commissioner Anderson said the Ordinance is going to be best if it is simple. He said that was his reasoning in having the Ordinance authorizing the actual cost. He said the Ordinance states the City reserves the right to refuse rental of the facility. 'He stated they can spell out the different conditions in the affidavit. He reiterated to keep the Ordinance ~ clean and easy and allow the changes to be done administratively. He said his only concern was that everyone gets charged the. same amount for some period of time. He suggested the costs be evaluated every 6 months. Commissioner Bundy said the Commission needs to be made aware prior to fees being changed and the.Commission has some say in that. He stated with it in the Ordinance, that is the only way the Commission knows what is going on. Commissioner Bundy moved to extend the meeting. Seconded by Commissioner Anderson and carried by a iulanimous voice vote. Commissioner Anderson said he did not concur with the need to be told every time the hourly rate of the Police Officer changes. He .stated he views this Ordinance as giving the broad guidelines and the policy the City wants to set. He aff rmed he would know every year when the salary changes, the actual cost. would change .appropriately .and those are administrative details. He said the Administrator was hired for those reasons. He reiterated this was why they were setting the broad rules and letting the City Administrator carry out the details. Commissioner Bundy said he looks at the Community Building as an asset J and that is why the Commission needs to have a say in what the rates are. CC OS-21-07/112 He stated if they were going to state .actual cost, then there needs to be a provision set for review at a particular time of the year. He said he did not j"~ want the rates to fluctuate up and down. Commissioner Anderson coxifirrned there needs to be a set time period for the rates to be set. He said philosophically there. is the ability for the Commission to .grab hold of too many details that. makes governing the City unwieldy. He declared their job was to set the broad directions and to give the guidelines of how they want it done and allow staff to work from there. He said if things were not working out they then come back to the Commission. Deputy Mayor Holt said he iirxderstands what both Commissioners were saying. He stated the AttornE;ys need to review this and figure out the grey areas. He said the City Administrator and staff know the avenues in which people were trying to manipulate `vhat is written. He stated their job was to bring the Ordinance to the Commission with amendments in order to circumvent those situations. He inrluired if Commissioner Anderson wanted to take out the numbers on the page and;not reflect Amendment 3. Commissioner Anderson responded in the negative. He said, within reason, they need to set those; numbers. Part of the idea of saying the actual cost was due to the Administrator coming to the Commission on a fairly regular basis to change; those; numbers. He said the other numbers aren't trying to cover the actual cost and are more of an Administrative matter. Deputy Mayor Holt said the. whole: point was to provide more teeth in the Ordinance and if they need tie add to it, then the motion needs to be amended for more clarification. Commissioner Bundy said. the cleaning fee had not changed since 2002: He stated the Police Officer rates €;oes up every year. He said they need to set it at a rate and when it needs to be addressed then revisit. Mr. Drago said if any of the fees needed to be adjusted he would have brought this before the Corrnnission. He stated.ifnothing else changed he would have brought the houx•ly rate of the Police Officer to the Commission because this had to go up. He reiterated they had the other problem and the Commissio~l was amenable to amend the Ordinance with .recommendations. from the Cornm~ssion. He said there were several options as far as the fees were concerned. They could leave the cleaning fee at $200 or raise it $250. I3e stated he could provide a memo when the actual costs needed to be increased relative to a tune frame or he could bring it forward at a meeting. CC OS-21-07/113 Commissioner Bundy moved to amend under Amendment 3 that prior to any increase in costs the Commission is notified. Seconded by Commissioner Anderson. Mr. Drago inquired if this was only for the actual costs. Commissioner Bundy responded in the affirmative. Motion to amend carried by a four/one roll call vote with Commissioner Sackett voting nay. Main motion carried by a unanimous roll call vote. B. City Administrator recommends the City Commission discuss delegating to the City Administrator who shall act as temporary City Administrator during temporary absences of the City Administrator. After discussion, if the Commission deems Resolution 07-1168 appropriate; then a-ead by title only and adopt Resolution 07-1168. Commissioner Bundy said if they have the City Administrator designate who is going to act as City Administrator'then it needs to be clarified they were not changing the aspect of the City Commission appointing who will act as City Administrator if he is incapacitated. Ms. Roper said if they feel this is not completely clear the language can be ~ added. Mr. Drago said the Charter leaves provisions for the Commission to designate an Interim or Temporary City_Administrator. Commissioner Bundy said he did not want to create a conflict between this and the Charter. ' Ms. Roper said- they can amend Seefion 2 by adding language to state unless the City Administrator is incapacitated. Commissioner Anderson suggested they table this to the next. meeting to allow the language to be adjusted. Ms. Roper agreed the Charter .gives the Commission the right to appoint an Interim City Administrator regardless of this Resolution. She said if the Commission. wants that spelled out she would be happy to revisit that matter prior to the next meeting. Deputy Mayor Holt said the reason he requested this to be brought forward was in case something, happens and the City Administrator cannot get here. He used the Hospital when it lost power as an example and ~' CC 0'S-21-07/114 policy was in place for Lon€;wood's Battalion Chief to be in charge: He stated he wanted the next person in line to be stated. Commissioner Bundy said the Resolution does not state who will be in charge, but, allows the City Administrator to appoint the designation. Ms. Roper said this allows the designation of who is the Temporary City Administrator to the actual circumstance it may require and it would be ratified by the Commission. Commissioner Anderson said the Charter states the Commission appoints the Interim City Administrator and this allows the temporary appointment through the City Administrator: He said this allows during an absence the appointment of who would be the better qualified person at the time. He said because of the way the Charter reads if a City Commissioner needs to go to someone, the only person the; Charter allows is the City Administrator. He stated this is saying to the Commissioners, you talk to this person during my absence. Deputy Mayor Holt said he would like to see it state in case of an emergency stating a specific person. Mayor Maingot said it should state: a position, not a name. Mr. Drago .said if he were going out of town for a Conference, this would allow him to tell the Commission in his memo who would be in charge. during. his temporary absence. Deputy Mayor Holt reiterated he wanted it in writing in the case of.an emergency who they would go to. Mr. Drago said in a case of an emergency such as the Hospital emergency or a chlorine gas cloud the Fire Department would l~iow what, i~ do and he would not need to be there. He said the same would apply if it were a Police situation. They have certain procedures they go by and follow. He said in the case of.a hurricane there; are also procedures in place that are followed. Commissioner Sackett asked the City Attorney what this actually does that 4..06(1) and 4.06(1)(a) does not do. Ms. Roper advised it gives tl:~e Cit~r Administrator the job responsibility of during his temporary absences defined as being on vacation, out of town, temporary illness the ability i:o des~.gnate prior to that occurrence the exact. l person to fill in for him durin~.g a time period of not less than 60 days, but I,~ not if he is incapacitated. It gives him the responsibility of suggesting or '~- telling the Commission who, in his opinion, is best. suited to fill that position. CC 05-21-07/11.5 Mayor Maingot said this was fine as long as they have competent people around. He stated the City Administrator might move on and the new Administrator decides he wants to appoint someone to act for him or her in the Interim and the Commissioners do not agree with that. selection, they don't have. any authority to say they disapprove. Ms. Roper said it was her opinion that the Commission did have the authority to disapprove. She said the Commission had the .right. to override whomever the City Administrator appoints by virtue by what the Charter itself states. She said this was intentionally created so it would not conflict. She stated the Charter would supersede the Resolution. Commissioner Bundy moved to table Item 11 B to the June 4~` meeting. Seconded by Commissioner Anderson and carried by a four/one roll call vote with Commissioner Sackett voting. nay. 12. CITY ATTORNEY'S REPORT. No report. 13. CITY CLERK'S REPORT. Ms. Mirus reminded everyone of the Government in the Sunshine Law Seminar to be held next Wednesday, May 30~' at the Community Building beginning at 6:00 p.m. 14. AD.TOURN. Mayor Maingot adjour-nevi the meeting at 10:36 p.m. ATTEST: Sarah 1VI. Nl;rus, C1VIC, City Clerk J CC OS-21-07/116