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CCMtg09-05-07MinLONGWOOD C:[TY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida M[IlvUT1ES September ~~, 2007 7:00 P.PJI. Present: Mayor John C. Maingot Deputy Mayor Mike Holt Commissioner H.G. "Butc;h" Bundy, Jr. Commissioner Brian D. Sackett Commissioner Dan Anderson Donovan Roper, Special Counsel John J. Drago, City Administrator Linda F. Goff, Deputy City Clerk Tom Jackson, Police Chief Carol Rogers, Director of Finar.~cial Services Paul Sizemore, Director of Community Se1-~~ices ~ Richard Kornbluh, Division M~inager of Utilities Tom Smith, Division Manager c-f Streets/Fleets Chris Kintner, Community Development Coordinator Laurie Mooney, Fire Chief Ryan Spinella, Executive .Assistant Absent: Teresa S. Roper, Acting City Ai;torney (Excused) Sarah M. Mirus, City Clerk (E~:cused) 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 7:0,1 p.m. 2. A moment of SILENT M]EDITA'TION was followed by the PLEDGE OF ALLEGIANCE. 10. PUBLIC H:CARINGS. (PART 1) A. City Administrator recorr-mend~s the City Commission read by title only, set September 17, 2(107 as a public hearing date, and approve the first reading of Ordinance 07-1~~38 which fixes the tentative rate of ad valorem taxation for the fiscal year commencing October 1, 2007 and ending September 30, 2008. Mr. Roper read Ordinance No. 0 ~-1838 by title only. ~ Mayor Maingot read the fo lowing statement: The tax rate being proposed for FY 2007/2008 is X4.9900 per $1,000 of non-exempt assessed valuation. Said rate is 10.95% higher than the CC 09-OS-0'7/251 rolled-back rate of $4.4974 per $1,000 of non-exempt assessed valuation as computed by F.S. 200.065. u Mayor Maingot said the ad valorem tax revenues were being increased due to increased operating and capital expenditures. 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 Commissioner Anderson and carried by a unanimous voice vote. Deputy Mayor Holt moved to approve the first reading of Ordinance No. 07-1838 and set September 17, 2007 as a public hearing date: Seconded by Commissioner Sackett. Commissioner Anderson inquired when the statutory requirement for roll back kicks in. Mr. Drago advised the State did grant the Commission options and one of those options was keeping the tax rate the same provided the vote was unanimous. Commissioner Bundy stated they may catch a lot of flack for not going along with what the State Legislature mandated. However, they do not know what the cuts will be coming from the State. He said the City has maintained the same ad valorem rate for at least five years and it was lower than when he, Mayor Maingot, and Commissioner Anderson were first elected. He said the Conunission has no choice but to go this way to maintain the levels of services. Mayor Maingot said he attended the Casselberry Chamber of Commerce meeting. today and Representative Mealor spoke at the meeting and said there was quite a quandary as to the unintended consequences if this moves forward. In discussing with other colleagues at the recent Florida League of Cities conference, a number of them have researched their operating expenses and have made some cuts while others have opted not to make cuts. He reiterated Longwood has not changed the tax rate in excess of five years. Commissioner Sackett declared the only thing they needed to achieve was to get the portability of the property tax so it may be carried to another home. He said this measure would get us through one year and Longwood has a responsibility to take care of the residents. Commissioner Bundy said.the State Legislature needs to take care of ~ statewide issues and leave local issues to the local elected officials. CC 09-OS-07/252 ~-' Commissioner Anderson said he was troubled when looking at the statutory language with the roll back. He said the Commission has been elected as representatives and they have a fiduciary responsibility and a .responsibility for services. He affirmed the City has done a good job of providing services and said he would be open to hold a discussion regarding cutting services with ar~y of the voters.. He declared they were doing a good job of controlling costs, Motion carried by a unanimous roll call. vote. B. City Administrator recon;tmend~.s the City Commission read by title only, set September 17, 2007 as a public hearing date, and approve the first reading of Ordinance 07-1339 which adopts tentative revenues, expenditures and fund balances for the City's fiscal year budget commencing October 1, 2007 and ending September 30, 2008. Mr. Roper read Ordinance ]~lo. 07-1839 by title only. Mayor Maingot said this ordinance was reduired in order for the City to adopt the Fiscal Year 2007!2008 budget. He advised there would be a second public hearing on September 17th Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the ordinance. Conunissioner Sackett moved to close the public hearing. Seconded by Comtrtssion.er Anderson and carried by a unanimous voice vote. Commissioner Anderson moved to approve the first reading of Ordinance 07-1839 and sca September I7, 2007 as a public hearing date. Seconded by Commissioner Sackett. Commissioner Anderson induired what was being done to try and control workman's comp and liability insurance costs. Mr. Drago said the biggest single issue was to make sure to provide employees with the proper equipment to do their job safely and secondly to have proper supervision while the work is taking place. He stated Fire and Police could take all the proper procedures and sometimes the unexpected happens. He said the City has lately only had small claims. He stated claims were looked at across the board and premiums were raised, accordingly. ~ Mr. Roper advised the cost of purchasing Workman's Cornp increased 5%. He said they would probably see increased liability costs with the sun setting. of the P.LP. laws on October 1St CC 0~)-OS-07/253 Commissioner Anderson inquired if the contractual services in the Community Services Department were for inspections and plans readings. Mr. Drago responded in the affirmative. He said there were other consultants, one being for the Historic District Code. Commissioner Anderson referenced page 63 of the Budget and said property maintenance seemed to have gone up. Mr. Drago advised part of this was salaries and the other part was contractual services. Commissioner Anderson inquired what the plans were for repaving of streets. 1VIr. Drago said they were hoping that when the second generation of optional sales tax sunsets in the next couple of years, that it will be renewed. He said the money would be used to retrofit remaining streets on the east side and then start on the west side. Commissioner Bundy inquired if the City's reserves were adequate. He said we did not know what the legislature. may do and hurricanes could come. through. Mr. Drago said reserves were left in the $3 million i:ange and he felt this was adequate. He advised the City of Longwood did receive money back from FEMA from the. last hurricanes. Commissioner Bundy inquired if a cost analysis had been done for the cost of professional services versus generated revenues under Community Services. He said he did not mind privatizing and we are getting a quicker response from the department to the applicants. He said this was a direct cost and inquired if the permit fees were adequate to cover the expense. Mr. Drago said several meetings prior he advised that. he aild Mr. Sizemore would be working on bringing forward an ordinance to amend the building permit fees. He stated he would be discussing with the Commission if they would desire placing a minimal special fee per permit to be placed in a special fund for workforce housing. He advised they have been discussed with the homebuilders and they seemed to be in support. Commissioner Bundy said in areas where one-stop permitting has been initiated, it has been very successful. He stated with the road paving that they were better off in this market not putting in dollar amounts as the contractor will look at the budget. and bid accordingly. He said the program for cost recovery on accident investigations and EMS calls was ~-1 being brought.forward. He inquired about the fire assessment districts. CC 09-05-07/254 Mr. Drago advised this was to be completed by the end of November or December. Commissioner Bundy said the City was answering more County calls than the County coming irito the- City, and other cities were in the same situation. He said they will need i:o look at the First Responders Agreement with regards to shared costs. Commissioner Anderson said he 'had no problem with the County operating dispatch, but the}~ needed to fund their share. He agreed they . would need to negotiate first response.. Motion carried by a unanimous roll call vote. 3. COMMUNITY ANNOUNCEMI~NTS.. The following announcements were made: A. City of Longwood Heroes' Day Celebration, Longwood Police Department, 23'5 West Church Avenue, Tuesday, September 11, 2007, 7:30 p.m. B. A Blue Gf•ass Pickin' will be held on September 15, 2007 from ~ 7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West ~ Warren Avenue. 4. RIJCOGNITIONS. A. District #5 Nomination of th.e Business Person of the Month Award for September 2007. Coirunissioner Sackett defeared the nomination: 5. BOARD APPOINTMENTS. None. 6. PUBLIC INPUT. A. Public Participation. None. 7. CITY ADMINISTRATOR'S REPORrC. Mr. Drago said Chief Jackson would hand out information on the festivities of the Heroes' Day Celebration. Chief Jaeksoii said they have prepared a tentative schedule and outline for the Commission to review. He went over the outline. A flier was attached that will be posted in store fronts. Also attached was a mailing list of those who were sent invitations. Mayor Maingot proposed inviting the pastor of the First Baptist. Church of Longwood to give the invocation. CC 0~~-OS-0'7/255 Chief Jackson said he would be glad to approach him and advised that the minister that presided over Sergeant Strolisal's funeral has also expressed an interest. Mayor Maingot suggested any Commissioner that would like to speak at the event submit their name to Chief Jackson. He said with regards to the National Anthem and God Bless America, while there is a vocalist there, he suggested community participation. He suggested asking the choir from Lyman High School to be there when God Bless America is sung to encourage all to participate. Deputy Mayor Holt said people who want to sing will do so and join in. He said the audience would be the choir. Commissioner Bundy said at most events the Star Spangled Banner is sung so low that it is good to have someone to sing. it. He said with God Bless America it was hard to keep 'people from singing it. He stated it was too late to ask a choir to attend. He confirmed he likes it this way and the people there, as stated, would be the choir. Commissioner Anderson suggested leaving the program as presented. Chief Jackson said they would encourage attendees to join in. He stated if permitted, as the inspirational speakers conclude, and at the beginning of the candlelight vigil, he would like an opportunity to make a presentation of correspondence sent from the White House to Mrs. Strohsal. It was the consensus of the Commission to make this presentation at the beginning of the candle lighting. S. MAYOR AND COMMISSIONERS' REPORT. District #L Mayor Maingot reported copies of his Florida League of Cities attendance report has been placed on the dais. He said on August 30th he met Sharon Shares, Seminole County Tourism Director. He attended the Casselberry Chamber of Commerce luncheon meeting today. He stated Mayor John Busch has advised him they have held three town hall meetings to discuss the taxation issues. He said the .word coming back was to leave as is and make no tax cuts. He said the Florida League of Cities, Tri-County League of Cities, and Winter Springs have adopted a resolution in opposition to Hometown Democracy. He has diseiissed this with Mr. Drago and was bringing this matter up so Longwood can prepare a resolution to defeat this matter. It was the unanimous concurrence of the Commission to bring forward a resolution. Mayor Maingot said it was Domestic Security Month. and on September 19th there would be a demonstration on preparedness for local terrorist events at the Citrus ~~ Bowl. He asked Deputy Mayor Holt to attend. CC 09-05-07/256 District #2. No report District #3. No report District #4. Commissioner Bundy said in regards to the Hometown Democracy, this was a marketing ploy. It will make ar.~y comprehensive plan change so expensive that costs would need to be passed along to the property owners requesting land-use changes and they would be deprived of using their property. He affirmed' he was in favor of a resolution to fight this. District #5. Commissioner Sackett reported last week he went to see the movie Obsession that was put on by our Attorney General and some U.S.:Senators. This dealt with how Florida could better react :rnd be prepared in terrorism. He said he would put this together with his Florida League of Cities report for the next meeting. He said Frank Casino has not gi~/en up about the pool He, Mr. Casino and NIs. Melt will be meeting next week. FIe advised Lee Constantine initiated the letter and he was still interested in the matter. He will be attending the Urban Council meeting tomorrow. He thanked everyone for thinking of his wife and what she has gone through the past few years. He announced last week she was told she was cancer free. 9. CONSENT AGENDA. A. Approve Minutes of the August Z0, 2007 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for September 2007. C. The Utilities Division of the Puu'lic Works Department recommends the City Commission approve th:e utility easement for the Northland Community Church property, and authorize the Mayor to sign the utility easement. Commissioner Bundy moved to approve'the Consent Agenda as submitted. Seconded by Deputy Mayor Holt and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS (PART 2) C. The Finance Division of the Financial Services Department recommends City Commission read by title only and adopt Ordinance No. 07-1837 which amends the Fiscal Year 06/07 Budget. Mr. Roper announced having proof of publication then read Ordinance No. 07-1837 by title only. `~ Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the Ordinance. CC 09-~OS-07/257 Commissioner Sackett moved to close the public hearing. Seconded by Commissioner Bundy and carried by a unanimous ,~ voice vote. ~ Commissioner Anderson moved to adopt Ordinance 07-1837. Seconded by Commissioner Sackett and carried by a unanimous roll call vote: D. City Administrator recommends the City Commission read by title only and adopt Ordinance No. 07-1$40 amending the Longwood City Code, paragraph (1) in Section 2-313, Rules and Procedures for Boards and Committees. IVIr. Roper announced having proof of publication then read Ordinance No. 07-1840 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. Seconded by Deputy Mayor Holt and carried by a unanimous voice vote. Deputy Mayor Holt moved to adopt Ordinance No. 07-1540, as ~ presented, Item 10 D. Seconded by Commissioner Sackett and ~~ carried by a unanimous roll call vote. E. Finance Division of the Financial Services Department recommends the City Commission read by title only, hold a public hearing, and adopt Resolution No. 07-1176 which confirms a wastewater assessment for the 2007 Wastewater Assessmen"t~Area, establishes the assessment roll and provides for the collection of the assessment on the property taa bills. Mr. Roper announced having proof of publication then read Resolution No. 07-1176 by title only. Mayor Maingot opened the public hearing. INTO one spoke in favor or in opposition to the resolution. Commissioner Sackett moved to close the public hearing. Seconded by Deputy Mayor Holt. and carried by a unanimous voice vote.. Deputy Mayor Holt moved to adopt Resolution No. 07-1176, as presented, Item 10 E. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. `~---~~ CC 09-OS-07/258 F. Finance Division of the Financial Services Department recommends the City Commission read by title only,. hold a public hearing, and adopt Resolution No. 07-1.177, which confirms a paving assessment for the 2007 Credo Street Ro,~d Paving Assessment Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. Mr. Roper announced having pro~~f of publication then read Resolution No. 07-1.177 by title only. Mayor Maingot opened the public hearing. No one spoke in favor or in opposition to the resolution. Deputy Mayor Holt moved to close the public hearing. Seconded by Commissioner Sackett and carried by a unanimous voice vote. Deputy Mayor Holt moved to adopt Resolution No. 07-1177, as presented, Item 10 F~. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. G. The Community Development Division of the Community Services Department recommends the City Commission read uy title only and ,~" adopt Ordinance No. 07-1836 amending the Longwood Development ~.. Code.(LDCA 04-07). Mr. Roper announced having proof of publication then read Ordinance No. 07-1836 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. Seconded by Commissioner Bimdy and carried by a unanimous voice vote. Commissioner Anderson moved to adopt Ordinance 07-1836. Seconded by Commissioner Bundy. ~. Commissioner ..Sackett inquired how to find out if you live in a flood plain. Mr. Kintner said the map was provided to the City by FEMA. He stated a resident may contact him or• go to the Seminole- County website where the FEM:A insurance rate-maps were posted and could be searched by address. Discussion was held regarding flood plains and the elevation of buildings. Motion carried by a unanimous roll call vote. CC 09-OS-07/259 H. The Community Development Division of the Community Services Department recommends the City Commission read by title only, seta second public hearing date for the first available City Commission meeting upon receiving approval from the State Department of Community Affairs (DCA) on the transmitted comprehensive plan amendment, and approve~the first reading of Ordinance No. 07-1835, which .amends the City Comprehensive Plan (CPA 02-07). Mr. Sizemore. said the next two items on the agenda relate to public school concurrency. He said it was important to look at both together. Mr. Roper announced having proof of publication and then read Ordinance No. 07-1835 by title only. Mr. Sizemore advised this was a comprehensive plan amendment to adopt a new public schools facilities element. He said this came about with Senate Bill 360 passed in 2005. Many of the amendments brought forth over the last couple of years have been related to this Legislation. He stated one of the major portions related to the establishment of a system of uniform school concurrency within the Public .School District. He explained this was a two phase process where first local governments are required to coordinate with the School District, the County, and other cities within the County to establish a new element in the Comprehensive Plan. Along with this, cities are also required to do several other housekeeping items such as amend the intergovernmental coordination •~ element to address issues of school conetu~rency and also amend the Capital Improvement element to include parts of the School Board's five year work plan. The overriding intent of this Legislation was to create a system where capacity for students is brought into being concurrent with residential development in a manner similar to the other concurrency tests ran. The element portion of the Comprehensive Plan establishes what the City's roll is in this process. He said the second item being presented this evening, Agenda Item 11 A, is the Interlocal Agi:.cement which is necessary in order to establish more detailed procedures as they relate to the cooperation between the City of Longwood, other cities in Seminole County, and how the School Board will play into this. He affirmed at the heart of the school concui7ency program was the establishment of these concurrency areas. These are either individual school attendance zones or groups of school attendance zones that are put together in order to measure out capacity in particular areas. The idea is to make sure when a new residential development comes online there is already existing capacity within that particular concurrency service area, or the developer is required to pay his share through proportionate fair share mitigation process established in the Interlocal Agreement. He said the City's primary part of this agreement was' to implement through our Comprehensive Plan, and the Interlocal Agreement, a process into the development review program that states we will not issue Development ~1 Orders for residential developments that are subject to the terms of school CC 09-05-07/260 ~ concurrency until receiving; verification from the School District that there is either existing capacity, or mitigation measures have been accepted. This will be implemented t:hrougli the Comprehensive Plan and Interlocal Agreement and eventually will be adopted in the City's Land Development. Regulations prior to the actual concurrency system going online January 1, 2009. He said the School Board's end was more extensive as they already are required to provide public schools and provide capacity where needed. 7'he School Board will need to come up with a system to track and manage this which will be outlined in the Interlocal Agreement. He ii.7troduced Mike Rigby with Seminole Public .Schools. Michael Rigby, Staff Planner for Seminole County Public Schools, said the Interlocal Agreement has been mandated and all of the counties and municipalities in the state will be required to pass these Interlocal Agreements, make amendments to existing elements and adopt a new element i:f they have not done so :prior to the mandated changes. He explained the concurrency :manag~;ement system was based on the similar standards any management systern would be based on. He said eoncurrency service areas are a collection of schools similar to how Seminole County has the northeast cluster and the northwest cluster. They have grouped schools based on geographic locations together at ,' elementary, middle, and high school levels. He said since the attendance areas were not in a perfect :feeding pattern, it was impossible to try and make a separate concurrenc;y service area that would meet at all three levels. He reviewed maps for the three concuirency service levels stating there were ten (10) concurrency areas for elementary schools; and four (4) each for middle and high schools. He said they would take the context from the Interlocal Agreement anal transcribe it into the Public Schools Element. ~Ie stated these were to be transmitted to DCA and hopefiilly adopted by the deadline of January 1, 2008 and the system initiated January 1, 2009. Mr. Sizemore concluded stating this was necessitated by the fact of the different levels not feeding evenly-into the schools and no con•elation to the city limits. He said it was necessary to have coordination between all seven (7) cities and the County since the enactment of this legislation. He stated they have used pilot programs to pull bits and pieces into this program to insure the School Board will have the ability to meet capacity. He said as long as this continues it is very possible this program could be implemented without delay to developers. Mayor Maingot, opened the public .hearing. No orie spoke in favor or in opposition to the Ordinance. ~ Commissioner Sacl<:ett moved to close the public hearing. Seconded by Commissioner Bundy and carried by a unanimous voice vote. CC 09-OS-07/261 Commissioner Anderson moved to approve the first reading of ~j Ordinance 07-1835 and set a second public hearing date the first available City Commission meeting after receiving approval from. DCA. Seconded by Deputy Mayor Holt. Mr. Sizemore advised a developer would only have one year to hold up capacity, then it would go back to the bank. Mr. Rigby said due to economic costs, when plat taxes go up for properties individually platted a number of financial obligations were in place. Discussion ensued regarding capacity. Motion carried by a unanimous roll call vote. 11. REGULAR BUSINESS. A. The Community Development Division of the. Community Services Department recommends the City Commission approve the "2007 Interlocal Agreement for Public School Facility Planning and School Concurrency" and authorize the Mayor to sign the agreement. Mr. Sizemore said "this was Part II of the discussion just held. He said the item just approved was the element in the comprehensive plan and this ~" was the actual Interlocal Agreement. He stated it was uniform and exactly the same for all seven (7) cities..It goes into more detail of establishing the process to implement school concimency. Commissioner Bundy moved to approve the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency. Seconded by Deputy Mayor Holt. Mr. Drago said the word "platted" as used several times regarding subdivisions. He inquired what the mechanism was for mixed-use that was not platted. Mr. Sizemore said for multifamily projects that have a:residential component, it would be the final approval that authorizes construction. In the City of Longwood's case it would be the site plan. He said the Concurrency test would have to be completed prior to issuing a development order. Mr.. Drago inquired if the developer would be required to have a large scale plan amendment approved first. Mr. Sizemore said the School Board was already reviewing. comp plan .J amendments and giving information about available capacity. He said CC 09-OS-07/262 there was the possibility that at t17.e time a large scale map amendment went. through where there was available capacity and that was included in I the transmittal package. to L)CA, t:he capacity level could be used by the time the project gets to development approval. In this case, if capacity was not available, they would have to enter into the proportionate fair share mitigation. Motion carried by a unanimous roll call vote. B. Finance Division of the Financial Services Department recommends the City Commission adopt Resolution No. 07-1179, certifying the annual non-ad valorem assessment roll to the Seminole County Tax Collector for placement of non-ad valorem assessments on the 2007 tax bills. Mr. Roper read Resolution No. 07-1179 by title only. Commissioner Anderson moved to adopt Resolution 07-1179. Seconded by Comir.~issioner Sackett and carried by a unanimous roll call vote. C. Finance Division of the Financial Services Department recommends L the City Commission readl by title only, and adopt Resolution No. 07- 1172, which confirms a Neighborhood Improvement assessment for the 2007 Tiberon Cove Neighborhood Improvement Assessment Area, ' establishes the assessment: roll a~.nd provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 0"1-1172 by title only.. Deputy Mayor Holt moved to adopt Resolution No. 07-1172, as presented, Item 11 C. Sec~~nded by Commissioner Sackett and carried by a unanimous roll call vote. D. Finance Division of the Financi:zl Services Department recommends the City Commission read by tiitle only, and adopt Resolution No. 07- 1173, which confirms a Neighborhood Improvement assessment for the 2D07 Markham Hills Neighborhood Improvement Assessment Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 07-1173 by title only. Deputy Mayor Holt moved to adopt Resolution No. 07-1173, as - presented, Item 11 D. Seconded by Commissioner Anderson and ~,, carried by a unanimous roll call vote. CC 09-OS-07/263 E. Finance Division of the Financial Services Department recommends the City Commission read by title only, and adopt Resolution No. 07- 1174, which confirms a Neighborhood Improvement assessment for the 2007 Longwood Groves Neighborhood Improvement Assessment Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 07-1174 by title only. Deputy Mayor Holt moved to adopt Resolution No. 07-1174, as presented, Item 11 E. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. F. Finance Division of the Financial Services Department recommends the City Commission read by title only, and adopt Resolution No. 07- 1.175, which confirms a Neighborhood Improvement assessment for the 2007 Golden Grove Neighborhood Improvement Assessment Area, establishes the assessment roll and provides for the collection of the assessment on the property tax bills. Mr. Roper read Resolution No. 07-1175 by title only. Commissioner Anderson moved to adopt Resohton 07-1175. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. G. City Administrator recommends the City Commission read by title only, set September° 17, 2007 as a public hearing date, and approve the first reading of Ordinance No. 07-1841 which grants aNon-exclusive Franchise for the collection of commercial solid waste to Container Rental Company, Inc. Mr. Roper read Ordinance No. 07-1841 by title only. Deputy Mayor Holt moved to approve the first reading of Ordinance No. 07-1841 and set September 17, 2007 as a public hearing date, as presented, Item 11 G. Seconded by Commissioner Sackett. Mr. Drago advised the Code required the commercial solid waste franchise agreements to be done yearly. Thies ordinance was reconstructed to allow it to be established once, and renewed annually by a consent item upon receipt of application. Motion carried by a unanimous roll call vote. H. City Administrator recommends the City Commission read by title ~ only, set September 17, 2007 as a public hearing date, and approve the CC 09-OS-07/264 first reading of Ordinance No. 07-1842 which grants aNon-exclusive Franchise for the collection of ~~ommercial solid waste to Metro Waste Services. Mr. Roper read Ordinance No. 0'7-1842 by title only. Deputy Mayor Holt movf>d to approve the first reading of Ordinance No. 07-X842 and set September 17, 2007 as a public hearing date, as presented, Item 11 H. Seconded by Commissioner Sackett and carried by a unanimous ro1T call vote. I. City Administrator recommends the City Commission read by title only, set. September 17, 2007 a~, a public hearing date, and approve the first reading of Ordinance No. 07-1843 which grants aNon-exclusive Franchise for the collection of ~.ommercial solid waste to Orlando Waste Paper Company, Inc. Mr. Roper read Ordinance No. 0'7-1843 by title only. Deputy Mayor Holt moved to approve the first reading of Ordinance No. 07-1843 and set September 17, 2007 as a public hearing date, as presented, Item 11 I. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. Commissioner Bundy said he would like the Attorney to determine if the language "within 60 days prior to termination" was adequate. Mr. Roper advised the language 'was adequate as it states upon approval by the City Commission. J. City Administrator recommends the City Commission read by title only, set September 17, 2007 as a public hearing date, and approve the first reading of Ordinance No. 07-1844 which grants aNon-exclusive Franchise for the collection of commercial solid waste to Republic Services of Florida, Limited Partnership. Mr. Roper read Ordinance No. 07-1844 by title only. Commissioner Anderson moved to approve the first reading of Ordinance 07-1844 and set September 17, 2007 as a public hearing date. Seconded by :Deputyy Mayor Holt. and. carried by a unanimous roll call vote. K. City Administrator recommends the City Commission read by title only, set September 17, 2.007 as a public hearing date, and approve the ~ first reading of Ordinance No. 07-1845 which grants aNon-exclusive Franchise for the collection of commercial solid waste to Veolia ES Solid Waste Southeast, Inc. CC 09-US-07/265 Mr. Roper read Ordinance No. 07-1845 by title only. Commissioner Anderson moved to approve the first reading of Ordinance 07-1845 and set September 17, 2007 as a public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. L. City Administrator recommends the City Commission read by title only, set September 17, 2007 as a public hearing date, and approve the first reading of Ordinance No. 07-1846 which grants aNon-exclusive Franchise for the collection of commercial solid waste to Waste Management, Inc. of Florida. Mr. Roper read Ordinance No. 07-1846 by title only. Commissioner Anderson moved to approve the first reading of Ordinance 07-1846 and set September 17, 2007 as a public hearing date. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. M. City Administrator recommends the City Commission read by title only, set September 17, 2007 as a public hearingdate,-and approve the first reading of Ordinance No. 07-1847 which grants aNon-exclusive Franchise for the collection of commercial solid waste to Waste Pro of Florida, Inc. 1VIr. Roper reael Ordinance No. 07-1847 by title only. Commissioner Sackett moved to approve the first reading of Ordinance 07-1847 and set September 17, 2007 as a public hearing date, as presented, Item 11 M. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. N. City Administrator recommends the City Commission read by title only, set September 17, 2007 as a public hearing date, and approve the first reading of Ordinance No. 07-1848 which grants aNon-exclusive Franchise for the collection of commercial solid waste to Waste Services of Florida, Inc. Mr. Roper read Ordinance No. 07-1&48 by title only. Commissioner Sackett moved to approve: the first reading of Ordinance 07-1$48 and set September 17, 2007 as a public hearing date,-as presented, Item 11 N. Seconded by Commissioner Anderson and carried by a unanimous roll call vote. Commission recessed at 9:44 p.m. and reconvened at 9:52 p.m. .~ CC 09-OS-07/266 Commissioner Sackett moved to extend the meeting. Seconded by ~-' Commissioner Bundy and carried by a unanimous voice vote. i O. City Administrator requests t1b~e City Commission discuss the installation of the Dorotb.y Joseph memorial in the Longwood Memorial Gardens and take action the Commission deems appropriate. Mr. Drago ..said this item w•as on the last meeting. agenda regarding a. marker not compliant to the cemetery niles and_regulations. The City Attorney has determined die rules could be waived by a variance. Commissioner Bundy said he received a copy of the memorandum regarding a phone call received )=~y the clerk and a phone call made over the weekend. He stated Mr. Randolph did. not do his clients any favors. He said he did not like receiving thrf;ats and did not like staffbeing subjected to this kind of treatment. He declared Mr. Randolph brought up racism and he did not know the race of the family until the last Commission meeting. He said he did not change his stance and has kept the same stance as always. Commissioner Sackett said. there was a side note that states a marker was ~ denied due to size. Mr. Drago said shortly after receiving this request, another request to install a marker was received of the same size and the contractor was told the rule requirements regarding size and the marker was cut down to meet the specifications of the rules to be installed. Commissioner Anderson said his understanding. was this item was dealt with at the last meeting and rejected. The applicant was asked to abide by the existing City code. He said it was important to be consistent. He stated. if our codes were in error then wf; may need to revisit them. He said he too was disturbed by what had transpired. He declared his generation, fo:r the most part, grew up without seeing racism and as a society it has no place. He said it deeply offended :him if someone does not get their way with rules and regulations to insert and insinuate racism. He declared the rules need to be followed. Deputy Mayor Holt said when this was brought back to be on the agenda it was because the gentleman did npt have the opportunity to speak, so it behooved the Commission to listen to Mr. Randolph. He said they listened to him and requested the axtorney to look into whether the Commission j could waive the current rules. He stated it is back tonight that they could ' waive the rules. He said due to the actions Mr. Randolph chose to take ~ during that time frame he would deny any request brought forward and put the onus on Mr. Randolph due to the actions he took. CC OS'-OS=0'7/267 Mayor 1Vlaingot said it was unfortunate that the family involved has to be brought into and subjected to this matter before the Commission again this ~ evening. He stated like his fellow colleagues, he was offended as he views ~ everyone in the same light. He said Mr. Randolph was given every opportunity when last visiting this matter to go into depth and they discussed at great length his knowledge and comparison of other sizes of markers as they apply to the current rules and regulations. He stated if in the past the Hiles were not properly applied; this does not set the course for not following what was right. He said until such. time they revisit the rules and regulations governing the installation of memorials in Longwood Memorial Gardens, the current Hiles and regulations would remain in effect. Therefore, as heard and echoed by his fellow Commissioners, it is with regret that they cannot accede to the request for granting of a waiver in this circumstance. Mr. Roper advised at some point the Commission would need a motion. He recommended Mr. Randolph be given the opportunity to speak. It was the concurrence of the Commission to provide the opportunity for Mr. Randolph to speak. Frank Randolph, 410 Westchester Drive, said he took a lot of time to make up the rules and regulations, and the policies and procedures. for the . `~ City. He stated Ms. Zambri and Mr. Bosworth were happy he took the ~' time that he gave freely. He said he took a lot of time preparing the. packet of information for each Commissioner. He said some of the information they were saying was wrong. He stated they were saying the size was wrong, but it is identical to sizes already existing, there. He said you could not cut the marker down six (6) inches due to the vase. He stated he asked for a variance so he could be done with this. He declared he had sent at least 100 families to the City in the last five years to the cemetery. He said the reason he made the call was that he was desperate to put this marker in. Commissioner Anderson said this was an obvious question, but was it clearly communicated what the acceptable size per the regulations. Mr. Drago inquired if he was asking if this was communicated to Mr. Randolph. Commissioner Anderson responded in the affirmative. Mr. Drago asked Ms. Goff if Mr. Randolph understood the rules relative to the size. Ms. Goff said~she believed Mr. Randolph had a copy of the rules and ~J regulations. CC 09-OS-07/268 Mr. Rando~h stated he did have a copy of the rules and. regulations. ~~ I Ms. Goff said the .size he vvas requesting was under the Government Marker sizes. Mr. Drago said this particular- person was not a government employee. Ms. Goff said not to her knowledge. Mr. Randolph said many of the other markers installed were not either and they were approved. Mayor Maingot inquired how many of these were government markers. Ms. Goff advised three of the markers installed were government markers. Mr. Randolph said there were government format that matches government. markers. He .maintained there had been a typographical error in the rules. Commissioner Bundy asked the clerk if there was an indication on the three markers that they were former military persoruiel or a government employee. Ms. Goff responded iii the affirmative. Commissioner Bundy said 1:hat was the criteria used to determine a government marker. He staked he made the recommendation to send this to the City Administrator and the Attorney to determine if there was a way, to comply with this. Mr. Roper advised Mr. Randolph he had repeatedly interrupted the Commissioners when speaking after being asked to stop. Commissioner Bundy said for the benefit of family members the Commission was trying to seek a solution to the problem even though at prior Commission meetings they had dispensed with this matter. He said the consensus was if there was a vray they could allow this they would try to do so. However, the contractor continued to show disrespect to stai:f as he has shown to the Commission. He stated if they allow this, they would be violatingthe rules. They have been informed by the clerk that a marker of similax size was recently rejecte;d and required to be cut down. He said he did not want this to get personal and it needed to be discussed as a matter of the rules. r Commissioner Bundy moved to deny application for a wavier. Seconded by Deputy Mayor Holt and carried by a unanimous roll . call vote. CC 09-OS-07/269 P. The Finance Division of the Financial Services Department recommends City Commission read by title only ,set September 17, 2007 as a public hearing date and approve the first reading of Ordinance 07-1849 which amends the Fiscal Year 06/07 Budget. Mr. Roper read. Ordinance No. 07-1849 by title only. Commissioner Sackett moved to approve the first reading of Ordinance 07-1849 and set September 17, 2007 as a public hearing date. Seconded by Commissioner Bundy and carried by a unanimous roll call vote. Q. City Administrator recommends the City Commission review the City Attorney ranl~ings and take action the Commission deems • appropriate. Mr. Drago said at the last meeting it was determined to have the Seminole Barr Association review the applications and render an opinion to those who meet the qualifications. He stated there was a question in regards of years of experience of municipal or local government of-the Roper and Roper firm. He advised he had a copy of their resume that provides 18 years municipal experience. The requirement was for five (5) years experience. ~ ~ Commissioner Bundy moved to have the City Administrator enter ~-'~ into negotiations and come to a contract with the top ranked film and failing that move to the second ranked firm. Seconded by Deputy Mayor Holt and carried by a unanimous roll call vote. 12. CITY ATTORl\TEY'S REPORT. Mr. Roper reported there has been an appeal to the Circuit Court of one of the Codes Enforcement Board cases. 13. CITY CLERK'S REPORT. Ms. Goff deferred the report. to Mr. Drago in regards. to a request concerning the Community Building. Mr. Drago advised the newly formed Longwood Chamber has requested to host an event in the Community Building free. of charge. 14. ADJOURN. Mayor Maingot adjourned the meeting at 10:26 p.m. l~Z ATTEST: Linda F. Goff, Depu. amity Clerk CC 09-OS-07/270