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CCMtg01-03-00MinLONGWOOD CITY C0~7MISSION Longwood City Commission Chambers IJ5 W. W'nrren Avnnue Lm:gsvood, Florida NIINUT6S .Innnnry 3,2000 Preswtt: Mayor Panl Lovcstrand Deputy Mayor Ruteh Randy Commissioner Dnn Anderson Co: r.IOhn Mningot Cam:o'ssioner Steve hillier John J. Drngo, City Adminlstrnmr Geraldine D. Znn:bri, Ciry Gerk liichnrd S. lltylnr, .Ir., City Attorney 'rrrry RnRer, Dir. or rabic snrmy Jahn BroeR, Dlr. of Can:munity Services \IOnica \Ii[chell, Dir. of Financial Services lilehnrtl Xornbluh, Utilities Dlvlsian Plnnnger Jny Sargent. City Planner I. CAI.I. TOQRDER. Mayor Lovesnend called a regular meeting to order at7 00 p.m 2. Amomenr of SCLENT MF.DITATIO\wos FOI.LOIYF,D RY TIIE PLEDGE OF ALLEGIANCE. 3. COMMUNI'T'Y ANNOUNCEMENTS: The following ennooncenrent was Wade'. A. Rlae Grass PieLi:i,Snlardny, .Rtnanry 15, 2000,600 par. to 10:00 p m_(locetion not yet determined). 4. RECOGNITIONS: A. District Y.4 Presentation of RUSinecs Pervoa of the Mnnlh Award Cor January. ?000 to IJenry :tad Sissy.nl<Dn::ielsnnd Tom n::d Pam Reddltt, Culinary Connge, 141 W. Charah Avenue. Deputy Mayor Randy recognized Tom and Pam Reddltt and Ftenry and Sissy MoDaniels.owners/operators of the Culinary Cottage Tie evpleined thm Henry and Sissy McDaniels were not able co bein attmrdnnoe but Tom end Pem were present. He presemed them with acertifcateat which tame photographs were tekear. D. N'ominat:ons - nln:'Dn Iw:thrr king Citiuni:ip Asvard. CC 1-}p0\832 Con er Maingot ated Emmeline H. Williat who resided at 90] Lor nano Circle. in Long vood, 2] years of age of African-American heri[ave; and he then related some of Mrs. Williams' ncwmplishmen[s_ iher other Ms. William oared by acclameuonn Rewgnil on totbe made et next Commtssmn m ~ing- 5. 60AIiD APPOINTMENTS: A. District#Z Nonrinatintt to the lsnd Plnnniog Ageney. Con er Anderon has still not made wntau with the individual he would dike [o appoint and therefore deferzetl the nomtnehon. B. Distric[d3 Nnininntlon to the Cotles Enfarcemutt Ronrd. Commissioner Miller Aefarred his nomination until passage of [he oNinance on boards and committees. C. Distnet d3 Nhinination to the ltmtrd of AdjnstmetR. Commissioner Miller deferred. D_ Endorse the Seminole County COmrcil of Lowl Government's (CALNO's) re endatlon that Tom Iingood be appointed to the Seminole ConnrynEaPressr'ay Authority. Commissioner Anderson moveA to endorse CALNO's endati oappoint TltonuHaeood to the Seminole Co~tttty Rxpressn'ay Audtori[y_ Seconded by Com mestoner Maingol and carzied by e urronimous voice vote 6. PUBLIC PARTICIPATION. There was no public Varticipation. 7. CITY ADMINISTRATOR'S I2EPOli"f. No repon 8. MAYOR ANU COMP11SS10NER5'I2EP0R'1'S. Districts #d. M5. XI. k2. U3 D's[ u p4 Deputy Mayar Bundy mques[ed n s oPthe Cmnntisaion to e the embers of the boards and comnntteca [n the Long Range Planninri work session. CC 1"}hd\833 Deputy Mayor Bundy so moved for consensus. Seconded by Commissioner Miller. Disc sued thatafacilita[or will be working with Commission aotl perhaps this pan~ular eingw of the appropria ethe board membefs_ It wes funhu discussed that it might be benefoifal fo the members w auend and take pelt in the process fiom the beeinning as it will give them a general concept of how the pro works and of the general dire taken by the Commission. Gion Paniapeti tof the boaN members as dlse ssad and it sthec sof Commixsian that the latter of invite explain that, if time pormits, input fiom board members may be solicited. Motion carried by a voice vote. Deputy Mayor Hundy announced that the Longwood Tourist/ Club would wlebrat is 69'" a i sary in Maroh and thought it would he a niw gesture to present !Item with a proclamation. It wes the consensus of Commission that a proclamation to be made in cognit n of the 69'a a rsary mf the Tnnrise Club with a presentation made to the Club et e (:ommission me tiny in Marclt. P stra NS No repon. Dish uu,Ll. Commissioner Mxingot reponed on his involvement. on more than vith the Rangcline Road contractor. Paquerte, in t etTon to have them take regarding se and dust This problem ned dunrngcthe holiday time when City naffw vailable and. in an effort sefery for the widen veling lh ssroedaseid ie pursued, end will eo to put ethe conaauersto assure the conditions aresatisPectory- He noted that btack stop patching would be done between Loch Lomond end McClintock- Mayor [,ovestrand requened Cominissianu Maingot ask the ro black-[op patch in the Sandlewood area also. Commissioner Maingotoagreed to do so. U.strp ff2, Con - er AnAerson indicated he was pleased that the holidays vonderful andsmtever~tlhl. in that Ite knew of no problmns that occurred aroma rowm In response to Mayor Lovestmnd, Director eeker said he Ited doubled the police smffover New Yeats 8ve. islnct 3 Commissioner Miller reco6ntizW hte Public WOrks Department for having engaged in gift and dinner giving over the holidays to 10/I I needy families. CC t-100\BJ4 9. CONSENT AGENDA: A Pey approved hills mtd estimated bills for the month oflanuary, 2000. R. Approve Mlnntes of DUember 20, 1999 Reg„Inr Meeting, ae submitted. C. Award oPa U,ility Rate StOtly to PhIC Associates', b,e. in tl,e amount of 525,300 and authorize the City Administrator to sign the purchase order. Com er Miller ved co approve the Con nt Agenda a eubmined~ Seconded by Deputy Mayor Bundy and ezrtied by a unanimous roll call vote. 10. PUBLIC BEARINGS: A. Plan ring Divi not the Deport tof Comm airy Serv end the [Jtilities Uivi ,of the Public Works Debar[ end the City Como read by title only m,J adopt Ordi arnee No! 99-1515, by Dana amending former Sec. 2-Ih4 Application Fee Sehedole in re,y: adding and adosting certain Cees end rdnstating certain fees tI at were ILrmerly included in the reunt~y repealed Sec_ 29-105, Fea of the Land Development Code_ Mr. Taylor announoed having proof of publication and then rud ONinance NO. 99-1515 by ode only. Mayor LOVestram opened the publio hearing. No one present spoko in favor or in apposition. Con er Miller oved to close the Dublie hearing Seconded by Depnty Mayor Bundy and carried by a voice vote. Commissioner Mil Iv' moved to adopt Ordinance No. 99-151 i. Seconded by Depnty Mayor Dandy. Commissioner Maingot questioned some of the fees es to whother they ompereblo to what other dries in the are, were charging. Mayor l.oveatrand said he wenla prey r ife,erees were lower a,en en,er dhes m n afwnroanaontageaevelopmem. Tne commie:ion wa: adviaea that the fees were mosely compnmble to the other antes. Marion carried by a unanimous roll call vote 11. REGULAR BUS[NDSS: A. Personnel Division ofthe Financial Services Departmant recommendsthe City Commission read by title only. set January 1']_2000 es e public hearing da,e. and approve the first reading of Orslinanu No. 00-151 fi CC 1-3-00\836 Wending the Agreement betweon the City end the tntemational Union of OperatinS Engineers. Locel6]3. Cor the period of October 1, 1998 through September 30. 2001. Mr. Taylor read Ordinance No. 00-I S IG by title only. ilr. Drago explained that the ordinance provided fora 5500 pay inoreese effective October 1 and sets Ponh standards for when employee ge[ raised to the minimum when new employees are hired- Commtss~onu Miller moved m accept ordinance No. 00-1516 on frst reading mtd to schedule a public hearing for January 1], 2000. Seconded by Commissionu Maingot. B. Pus eel Division of the Financial Services Depart ends the City Commission read by title only, set January 1], 2000 as a public hearing date and approve the f rst reading of Ordinance No. 00-1 iJ] mending the Agreement between the City and the Longwood professional Firefghters Association, Loeal31fi3. for the Period of October 1, 1998 through September i0-2001_ Mr" Taylor read Ordinance No_ 00-151] by title only. Con er MAinEOt ved to wpt Ordina oe No_ 00-l51] on frst reeading and to schedule a public hearing for January Il, 2000_ Seconded by Commissioner Miller and carried by nnammons roll call vote. G 'Cie City Cluk re ends the City Con acct by title only,s January 17, 2000 cos e public hearing date e~d approve the first rentling n[ Ordlnttnee No. 00-1518, emending Chapter 2. Article VI, Board.v Com - c_ See. 2-I 18.1 Rulee and proculures Por Appoin t of members to hoard end committee vacancies (0 Uistnct Appoimment~. Mr_'faylor reed Ordinance No. 00.1518 by title only. Commissioner Miller moved to accept Ordinance No. 00.11 t%on frsi reading end to schedule a public hearing for January I7. 2000. Seconded by Commissioner Maingot. Mr_ Taylor wiahul to mention to Commiaaion that they mny. at some outer as this comment was not necessarily relevant to this Varticular ordinance, went to wnsider appointinS alternates to boards which will help ensure that e quorum can ie met. noting there are times when items e tabled due m only a certain number of members being in attendance or allowed to vote. CC tJAO\836 Lengthy dlecussion ensrted es w whethee the language"Wliere possible, Coin should no individuals who live within their districts ~~. commntee should rmnain in the ordinenecarbe stricken. Mori ried by athrw with Deputy Mayor IIundy, Com er Anderson. anU Commissioner Maingot ring eye, end Mxyol~I.ovestrend end Commissioner Miller voting nny. D. The Ci[y Clerk rewmnlends the City Commission read by title only and adopt Resolution No. 00.1008. emending rho City Commission's Rules and Procedures, adding language to require that the code of conduct shall apply at all times during the conduu of city business. Mr. Taylor read Resolution No. 00-1008 by title only. Uepury Mayor Rundy moved to adopt Resolution No. 00-1008. Seconded by Commissioner Anderson. Deputy Mayor Bundy explained that thie revolution carne es e result of his on lest week to include the Code of Conduct, as wzs established Por boards and co nthe Com rules and procedures. He ued to say that he Chas founA that ~erytbingw either ued in tl~e Con -s Runes and Procedures or in the GaA ter znd this particular hem was lha only one not covertd in the Rules or Charter. Mr- Taylor wixhud to correu some of the language in the proposed evolution, noting particularly the words "Ore codes of conduct as aforesaid". saying perhaps the words State law, Charter. ate-should replace the words "codes ofconducf. Dixcusston ensued as to the need to even adopt this panioular resolution ae the Commission already has its own Rules and procedures in addition to any other Hiles, e r. that apptyto the Commission; that the solut nthat it doe tallow any din tof City bus s oficityspropeny', and. if to ve for Commtsstonets, then shouldsit be expeued from City board members Mayor i.ovestrand railed a recess nt R'.14 pm. in order to Su copies of the board/ wmmdtee Codc oPConduct. Cnmmiwion reoonvcned at 825pm- Diswssion ensued with respeu to ending the paragraph eRu the words on City property', thereby striking the rest of the sentenoe in the proposed resolution rvs well ax in the Coda of Conduct o[BOards and Committees ae adopted by Resolution 99-1006- CC 13-00\857 Mayor Lovestmnd would favor rejecting the resolution. Deputy Mayor 6undy said he would withdraw his motion. Mayor Lovestrand said he would prefer to vote the motion up or down. Commissioner Anderson fah there were language issues end believed it should be rewritten Con er Anders ved to table until the resolution is and presented to Commiseion. Sewnded by Co nnnes~oner Maingot. Mayor Lovestrand said it needed m be either timeindef nice or time Con er Anderson amended his motion to table to the Januarysl) 2000m ring that rhea nay def ne codes of wnduct and clean upethis language end pate period after the phase "on city progeny", thereby etriking out the phreso "and any on reletiog to city business. whether an ar off city propcny!~ Mayor Lovestrand observed that ifthis portion moue removed there would ben eed for Cher solar ould be thes n the Commission's Rules and rhisr esolution mould be voted down. Conn er Anderson said ifmaking this motion resuhs in nothings then he would withdraw his mohon. Mayor Lovestrand reiterated the main motion Ueputy Mayor Bundy withdrew his motion Hefunlter noted he would prefer to .work on eliminating this phrase from the other Code of Conduu. Commissioner Miller moved to rejem Resolution No. 00.1008. Seconded by Mayor Lovestrand. Motion to reject carried by a unanimous roll call vote. Commissioner Miller moved for wnsensus to bring Resolution No. 99-1006 back for amendment at the next reeularly scheduled mee ing. Sewnded by Coinmiss~oner Maingot CC 1-}Oh\838 Mr. Taylor explained that thei toPthe subject language was to keep board membere ftom being conCxon nal, relative to City business, e en when they were not on city propertye Mayor Lovestrand said in spooking to ereporter, the reporter's point was that the Ciry was trying to oontrol behavior a little too @r and felt his pain[ well taken. Now er_ Mayor love and said ho m ned the whole thing had to docmore with behavior than with freedmn of speech. Motion cartied by e voice vets E Deputy Mayor Bundy recommends the City Commission Aiscuss City's serer line installation policy and take the action it deems appropriate. Deputy Mayor Bundy said the reason he requested this item was because esidwt on Warren Avenue is reque ring.ve stallntionduring the paving of that roaU. Subsequelnly_hes spoken to three four more people n that whoa reque ring else e_how r, the City doe hav a polecy .vhen it comes to reside t al sewerand he believed itnwould bebno e the Con smblish a esidential se er Dolicy, n ring it would also help thefoo~sultnnt when preparing the rate study- Mayor LOVestrand said the City has no suwaa~ pelicy, it comes and goes with each Con n; further, there to policies in this City eaeept those adopteU hY ordinance. Would ga'm wntinuiry if policies ware warren down. Discussion ensued about residmttial sewer installation and the establixhment ofa policy. ie. linancinl constraints... who would bear the sL ho.v much could the Ciry afford'. one of biggest obstacles being the to be borne by the residents, however, such cost could be amortized en year period', iPse requested by pedtian of 51% of the property owners- hook-up could ba mandatory; having a hydraulic study and ram study, the results of whiob will provide the tools needed to help w adec '.tlte neeU foralong range plan which.vill show when will be ins~elled and who. where-what why end bow is' it going to be funded, who will pay far ethe residences SoinS m pay for Io0°°/ oftheir own or can existing 1funds paid by other residents offset the vests of installing. iP so, m what degree'. need to hegira the process fr setting downepoliey. Discussion as to whether sewers are. in faa.awey of ving forward: nothing wrong with n septic ystcn drat works; nothing se Cor t that improperly functioning septic system; er hookup beings volatile issue with the reeidents and neede to be handled carefully; pogaibilirytha~ when vatting in a mad residents mould be surveyed. and if majority want sewer, mould put in lines; putting in sewer lines in coordination with the paving pr jeers would be very CC 1-thp\899 ambitions proarain wlticlt would bring surplus down to nothing; surplus is healthy but doing quantitative projeots would take some stndy_ As to whether a residential sewer policy could be eatxblLched by resolution, Mr l'aylor believed the policy could be so established. Disc ued noting there was a new item on the market called an tnfdtra[or wloch assures no pollution from aseptic system would get into the zquifer znd with latest technology, they last forever; whether die Srxte will ev outlaw septic syste to fort widen unles they need it- dre need for a dot or plan that show where the sewer and whun will be SOinS SO that esidents kno when would be availabletfor hookup; need for all the informer ion, hydraulic and study, in order to establish a workable policy, v ater/sewer is ntauprise fund. it stands alone and as a fund it can expand. and impau fees Sat vard expen ti how er. doe other of Sot expzn sn~hou t charge people n n the sysre m pay fttr the expenston based on the wxy the code is currently wrnte2 Mayor LOVestrand suggested the Administrator develop a eewerpolicy based on what he hzs beard lonighL to be the first policy in the ne.v policy book. Men Wade that the ente,~prise fu ud can borrow Gom the ge,~erel fund to expand at rapid re a if ne eery, as long zs it pays the loan beck. It wxs noted that this was done one time in the past at no intuest_ Mayor Lov and m ued to stablish a policy book and to briny forth the and resoluti ~ ,rily at the next meu ing, to develop theuwater/sewer haok,up andsexpensian policy. Sewnded by Commissioner Miller and parried by a voioe vote. P. Deputy Mayor IIu ndy tewmmcnds that the City Com mission either follow the preeedu rrs or rest Intl the puaion of the tom prchensivc plan entitled. Capitol Intp rove nienta Elent ant of the Cootprehensive Pln n, specifeally ObJeu ive 1., Policy A, 6, C antl U, with respau to noel review and evxluat ion of the Cepitallmprovements Element through coordination of the annual review of the Capital improvements Element and the Cxpirnllmprovementc program budget Deputy Mayor Uundy discussed a provision in the Comp Planrhat requires that a Capital Improvement Committee rwiew and evaluate the Capiullmprovemem Element (CIE) through coordination of the annual w of the ClE and the Capilxl Improvements program Budget. He said the City Administrmor, after discussing with Hoff has advised this requirement has been Cound to be unwieldy and unnecessary. Deputy CC 1-3-UO\840 Mayor oundy was also concerned that, based on the board composition ring ofstaff anA ci there might be a possibility ofa violati of state law ring given the feu that staff,o a daily bas ould be working on thei es disoussed during vhe wininittee meeting Depory Mayor Rundy siduthe simple solution would be to begin the process to slim a this on from the Comp Plan and also recommended to Ms. Easleyato emutdGlta Code to reflect the current Vrocess Deputy Mayor Bundy moved to bring forth an ordinance to delete rho requirement discussed. Seconded by Commissioner Miller. Mr. Drago r minded that xn amendment to the Comp Plan Itas to go before the Land Planning Agency for review end recommendation, eder which it will then be forwarAad to the Commission for consideration. Carzied by a voice vote. G. Mayor LOV andw ends the City Comm on disc sthe ndalmtcy of the budget aid enpitnl p~ngrnni in light of event leters sent to the Mayor and Commissioners. Mayor Lov and refreed to oral letters sera by e citizeP noting all re ltad also received these letters indicating his displeasure withrthe City's water/sower policy and the capital program and how it is and whether or not there are subsidies. He wished to address some ofthe major sections andw requesting Cam s opinion a whether they were okay as scot whether any wrrective changes needed to be rands. Mayor Lovestrand refereed to page one, items 2 & 4 of the first Inter explaining that Item 4 dealt with the budge and the word "ensuing" and Item 2 dealt with the Capital Program and the words "next ensuing'. He asked what were the live years? He continued saying under Mr. Smith, umber to yea n the budget andw repeated in the capital. Mr. Drago, of the early pen of the Nroces brought aforinw Commission, which Com n aVProved. and the farm showed the capital as year two through six andsshowed the capital program for yezr one included in [he budget. Tha Attorney belioves it is possible to interpret either way but flt omP noble with the Adminisvawr's interpret which says the wing year has budget end capital program in budge, wbth anticipated surplus or deficit fr each utility as an appendix. called the Public Utilities iund_ The AUOmey interpreted ei uing as ethic coming yen. end next ensuing means the coming years abet this ye~r~ Mayor Lovcatrend continued sayl^g Commissioner Miller says there is no oapital program for this year and in a manner of speaking he is correct as it CC i-}hd\841 n this year's budget as capital outlay- and is in dmail. and xhows anticipated def oit or surplus- Maynr Lo~eoo-ana said, m addition, tnare is the issue coda sans -. -and the proposed method of financing eaon even capital expenditure". Author of letter says "Enaneing° means haw moth comes [ om impact feeq how much from incomef am the fund how muolt fiom intuest, eta Tne At[orney e Iratu says me[nod of financing means if you borrow as per Black's Law Dict nary. The Admi or breaks down rhea Crom impact fees in tha budget but notnpu individual project Fie funher explained how it shows the toml ineomeend expense steeement and said profit end loes is derived as snowing the diffuence in reserves in the be¢inning and and of the year. Commissioner Miller said his Vroblem was with not Having a capital program in the budget. tie said ifs sewer project is Fllanned, he would like to know how many people are hooking up, how much they are going to pay. what is the sum total of the expenditure, how long wil I it take to and who is VaYing and believes that is what Mr. Ross is asking Po here01lP put ing commercial line on 17-9?, how many will hook on. whet sthe complmiandate.the rtdate, how nudt will it st. Itow tuck will they pay end bow muohawill City recover, how will the Commission know whether they should put in the line, it could be a loser if that infonnetion is not known. Reality is, are the people in Skylark subsidiving our wmmercial sewerlnfrastvuure. Commissioner Miller said he behoves the informehon he mentioned is what the Charter requires. Mayor Lovestcand said that information has been given to the Commission by project by Mr. Komblah_ Mr_ Korvbini, in response to the Mayor. said rte has in the past but has not forthe pr jells coming up this year. Deputy Mayor Buddy said the Commission does need tltet type of information and believes it is available, but may not be in the actual budget However. tha time to ask for it is not after the budget is paxsed but when reading through'it end that information is available for the asking. Deputy Mayor Bundy veld he believed that information was not required to be in budget bur it was available Commissioner Miller said that s the inform on Mr_ Rope is saying is supposed to be in the capital program as apVendices_ Mayor Love rend said sec on 4.3 of ohane+'says-'a icipated vet surplus otdefcit for eachutility_ ach project Iris otrequirea in thecapiml program. liorvever, it is good to know before approving a capital project CC i-}00\842 Comm er Miner referred to the proposed o.mre so-e er projec and howsi oalmost go~pesr Com ~-IC was noted rhxt the project had been approved by a prior Comm s~sion' Con er Miller would like to sea the cepitalp jects as dray wme up in tthe apical program. Mayor l-.ovestrand agreed that ha would also like to eee each ptojeu on its own. Commissioner Anderson said he believed the issue et hand was, is the City Coin an following Jett roflaw_the Cnart r. He said [he Chatt says enelslutility,not eaGt projeoi that is the requirement. the other isoe, hingee oche word find cing and he believed there re(wo dafini~ions for the vordi how cold accept the Get that thelaw diei nary says financing is borrowing money and if not borrowing and if pay~tg with cash on hand then ro follow that the COn is following the Charter. Tha sub iss Sn I'ut cold Come on like n intbrmanei2 i~~le believed the Commission could agree they would- Mayor LOV anA Snitl puhaps, for utilities, in the capital program f'or year twq every capital progmin should be named with the cost of the project, impact fees, connection f s yeady inwmefee, and pay back period. Norhingw ong with making tlis information available to the Commission xnd the public. Discussion onsued xs to when. at what point, the detailed infonnxtion men[~oned sltoold be provided- Commissioner Anderson asked that dte two quesions be answered, ci te, has Commission mea the letter of the law. complied with the Charter, and two, does Commission want more intorntation. Mayor Lovestrand said the farm is as required by Commission so Commission can tell the Administrawr whet Porm it requires. Commissioner Anderson said Mr_ Ross is not arguing about the Corm, bac se form an be as Con on dict s, but ned with the contract Mayor Lovestmnd believes the Attorney has answered that. Mayor Lovestand said it was his contention that the Commision had mplied with the requi ofthe Cha oche prepay o(the budget end capital progren~e Tltue were no objections re the Mayor's Discussion continued drat once the Commission requires additional information, it then becomes a requir meat because the Charter seys...or CC 13-n0\843 x is-omega TMs page intentiona~lY left blank CC i-J-nn\846