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CCMtg08-11-86SPMin141 mxcwoon clTy coMnxssxoN AUGUST 11, 1986 P[esent. Mayo[ Goldberg &6aESgE _gdy lfio£Y_COfl©}tt e5 Uepa ty Mayor Lo[mann Lynnette D Chai Commissioner Faulkne[ Alice Lew is ~nco-Chai[mann Commissions[ Myers ick Gulling [on, Membe[ Comm issionec Smecil son Edwa[d kanasky, Membe[ nald L. Wallet, City Adm in istcator Ann E. Colby, City Atto[ney Absent: James Nleinmann Donald L. Ter [y, City Cle[k 1. Mayo[ Goldberg called a special m ing t order a[ ]:30 P.M. to eview the p[oposed changes [e<ommended by the Cnarte[ Advisory Committee. 2. Gyn netts D nnis, Chairman of the Cha [ter Advisory Comm it Le [~. briefedst he Commis sionson the p[oposed changes and included the teasor~ why the change was [ecommended. 3. The City Commission then c ached a n the following changes [eeommend ed by the Cha[te[ Adviso[ycCOmmit[ee.o Re com_men4aE140_dup4ec_1: gect l4n_ }y01132~ It i ended that. ect ion 3.01 (a) be <ha ng ed to [e ad as follows: "(a) COMPOSITION. Thee. snail be a City Commission omposed of five (5) c Each membe[ snail siae naeaignatea geogtapnioalmmei e~i~e ~ wn icn districts shall ccontainias equal a numbs[ in population as pcae ticable.' .~ I[ i ands [s tood that this p[ovision Quid permit i in9 the umbe[ of Commissioners should the City a tneer umbe[ oi: districts; however, Sn v of the ompacte rgeoq[aph is al limits of tnr~ City, five (5) dist[ictsishould be sufficient. Cons gn g44: Tne Commission approved the change as recommended. Rec4Omep4gE140__d4IDRg2_2: 3gGLi40-}.411g1_4ATN_4P 4EF ICN. ended that the s ction be changed end s ing in dace of newlymelect ed Comm is sione[s to witnin 15 days aEte[ election. TFe Committee's [ endat ion w s based upon [he belief that newli' elected Commissioners sn uld a their duties and [esponstb it it its a possible to limitssthe "lame duck status" of outgo in< Commis sioneis. Consensus: The Commission agreed that the p[oposed change shoold be adopted fo[ elections held in 1909. RecopmgD~ation__wumber__3: SectSOn_3 O1S91_~LE~T24d AT LARGP.. It is ended that the s n be changed to read is ting of five (s) inste adtioof consisting of at nsie ast five (51 xt r anaa rscooa tnac thin provision ou la per mq the mm~er of commissioners snoula the city e ttne`r ember of dis[ icts; however, z of the ompact vgeograpnical limits of the City, Eive (5) districtsrshould be sufficient. Consensus: The Commission approved the change as recommended. Recommen aatlon__NUmbef 4: Section 9 02__ CITY__ATTORNEY. It is ended that the section be changed o delete the requirement that theomCity Attorney be membe[ in good s anding of the Florida Association and nave practiced in the St at etof Florida £or at least five (5) years prior to appointment. It s believed that the requirement that the City Attorney have of Eive (5) years practice before the Florida Bar c ary and[limits the ability of the City Commission to use their discretion in appointing a candidate of their choice. The Commission by a poll of 6 to 1 c ended that the pr oposeaSechange t be approved, s atinq that they believed that the requirement for five yea of exper ember of the Florida Bar valid. Commis stoner myecs saidzheuthoug ht the [equireme nt should be eliminated. Aecommend~t gQn_Hq~bgS_ 5: ge£Llon__gy03__ _dPPQ1dTMENT Ap= TERM_gF OFFICE__QF_QFyy_[:LERH_8b4_BTTORNF.Y. It is recommended that Section 4.03 be amended to read as follows: Tne City Commission by majority vote shall appoint the City Attorney and City Clerk, at such compensation as vs deemed necessary and proper, fo[ indefinite terms. Tne City Attorney and City C1 e[k e the only two positions within the City to [equ ice a ual appointmenesa Section 4.03 provides adequate pro s for c val not umbents should the Commission c sider 1 a~y. a believedn that r inq the requitement fo[ ual appointments would promote aesireaemjob stability and encourage ratter status of incumbents. Consensus: mhe Commission approved the change as cecommenaed. Recommendat3gn_NUmbe; 6: $ect SOn 4 46__ACTIyG CITY AQMIdI STRATOR: It is ended that this ect ion be ended follows: Inset the following sentence following the first s shall Acting City Adm in ist[ator be appointed fortanperi odl ex teed ingt90 days,an The Committee believes that permanent City Administ[ato[ required for the efficient administration of the City and c siders 90 days sufficient time to replace an Administrator who resigns nor one wno [s [e rmrnated. c4nsgespg: Tne commission a ended the r enaction to reaa 120 .nstead of 90 days and appzoved the cecommendedc<hange as amended. Re commend at lon_.yumbel _Z: HggE140_9_4Z1; 2____E4Weas AtrH n4R;es. It [s recommended tna[ this section be amended to reaa as Esl lows: 4.07(1) The City Administrator shall appoint and when the City Admi istratoc deems it n a[y for the good of the City, may suspend all City employeessand depaztmen[ heads i ordance with the personnel [ales of the City of Longwood, Flo[ida ,n adopted pursuant to the Iequirements of this Cha[te[. Provided, how all suspended discharged employees department heads may a ozdance with the personnel policy nave [het[ suspension o[ discha[g enr wed by [he City Commission and providing further Lhat the requi[ements eof the Eout he [n Standazd Building Code shall be followed regarding the appointment and removal of the building Official." It ended that the City Com determine the advisability zPOfmm ncluding the enilding Offic ial[o of the individnais listed i rti<le IV requiring appointment oby the City Commission, this cequ i[ement of the Soutnern Standa[d uildinq Codesinc=f the Building Official only be appointed o ted by [he City Commission, the Charter should contain this rese~i~e ion. co4s_e~GS: Tne commission approved the ended cnanga and [equest ed the City Attorney to ensue that the langu agemwas co[rect. RecommendatiPn_Humbel_g: @eqt ion__S i41_ _§gHHRAL_CeQY?&d4NS. ended that subsection 5.01(a) Creation of Departments. be wozded ascfollows: "(a) Creation of Departments. The City Commission may by ordinance tabs ish City Departments r addition to those c eat ed by this Charter and may p[esc[ibe the functions o£ all departments cept that function a signed by this Charter, to a paztic ul ar depa [tment o office may be discontino ed, o unless to is Chartez specifically so provides, assigned to any otnez office o[ department." 3.10 ACTION REgUIRING AN ORDINANCE lists the establishment, alteration o abolishment of any city department, office o[ agency as an action requiring an ordinance. Consensus: Tne Commission approved the change as recommended. Aecgmmenda414N___N904g5__ 4: Hect lon__ 5103142- DI RECTION___oY niH;gTgnTOg. It i ended that the last s ending ith the c n ent of the City recommis Sion the Administrato rcmay s e the head of o of such departments o may appoint one person as the head of one or more of them." be deleted.r 144 The Committee believes that by deleting the above s will pre the Adminis tratot f[om ing both Administt at or and -epa[ ead and eliminate therpossibility of [he Administrato[ setvingarn an illegal capacity such as Chief of eolice. Consensus: The Commission approved the change as [ecommended. Recommendat SOn Number lo: sect lgn_6 05SS1 _S$??TAL YH4GH$M. I[ ended Chat this be ended ead s follows: "(a) Submission to CommissionSeCTbenAdminist[ator shall pcepa[ and submit to the Commission a five year capital program by dnly 1 of each year." The Committee believes that additional time i requited t submit a fiv yea capital p[ogtam and it should be submitted with the budget vh ich requited by July 1. Lt ould be impossible for the Administrator [o submit a five year capital program without information cequrted and available doting the budget process. Consensus: Mrs. Colby ended that the change nclude ent that adoption of thesoCap it al Program did make ompl is hment andatoty o esttictive. The Commission napp[oved the change with the addition of[the wording recommended by Mcs. Colby. aecommenaatipn_ NuIDbeS_ il: ge,44i4q___¢~4Z142__$E48TZ4N. It is ended that this s n be a ended t ead a follows: "6.0](b) Adoptmon. The Commissioncby sol ati on shall adopt the capital p[og[am with without a endment aft e[ the public healing and on or before the last day of the last month of the current fiscal yeat.° The Committee believes that the adoption of ehe capital p[og tam i dependent upon the budget adopted and the time sequence should be the The dates £ot adoption of the gen ra.l budget a [equated to be held doting the onth of September and by Florida S[a[u[e ust be adopted pti ent of the fiacal year. This will require. that the cap~talop[ogtam and the budget be adopted prior to end of the cu[tent fiscal yea[. Corte ensue: The Commiasion approved the change as recommended. RecoIDmendat lon_NuIDbgy_}~: 9€£L14n_¢.Ofl -$MENDMENT& SHTLB_$gq$T?gN. It i ended that sabparag raphs (a). (b) and (c) be a ended to [ead [hatsthecbudg et c only be amended by ordinance andmt hat the word resolution" be deleted. The Cily Attorney has advised that the ordinance adopt inq the budget c only be amended by ordinance and that "tesolu[io n" should be strickenan Consensus: The Commission approved [he change as [ecommended. 145 Recommendg>;:lon_ NupbeS_11: &e,£LS£n fis10 __PAyMEdT_AyD_ OBLIl;AT1QNS eROHIBII'ED. It i ended [hat the third sentence which reads "Any authorization of paymeotmo ing of obligations i iol at ion of the pro of this Cha rter [nshall be aid and any vpayment s made illegalons u<h action shall be c e fo[ [ val of any officer employee of the City of Longwood, aFlorida, ewho knowingly au thorieed o made uch payme red such obligation and aid officer employee shall also berliable e the City of Longwood,s Fl ocida, fo[ any ant paid." endedo nclude the following additional ord irtg.s~"how nothing in this[ Charte[ shall prevent r ing obligations orepa ymen[ of bills when requic ed due to a [al disaster uch as floods or hu r[icanes o[ foc other actions required by state law such as legal adve[tis ing." The Committee believes that the[e a situations that w cepti n to section 6.10~a) iE n a[y,r otbe[ office ra of the City city employee would be subject to penaltyrEOr [es ponding t an eme[gency unless prior authorization was rece rued by Ci[y commrs stun. Consensus: Com aulknec asked if the a e[gency o Preparedness didsnotnpcov tde for a ergency expenditure of r£u nds~ M[s. Colby suggested that she and proper wording of endation. The Commission tentatively app[ov ed ethe change with the CitymAtto[ney to [eseacch core ct warding. Recoppendat Son NupbeE_ 19: Sect;on _Q_O1_ _C1TY__ELECTIQN. It is ended that subsection 8.01(a) be a ended t ead follows: "EC01(a) Regular elections. The regular City election shalls be held on the firsi Tuesday in November of each year." The Committee believes that the City's election date should be changed to c espond with s and National elections. s believed that changing the date of theeele<tion will p[omote g[eater citizen participation in the election process which will be beneficial for all citizens. cgpNgnsus: The Commission approved the change as [ecomme nded. Re£4ppend at l£n__pup4f£_15: Sect3on__E O1___CyTx_E6ECTIONS. It ended that Section B.O1(d) Conduct of Elections. be a ended to eadmm follows: "Section 8.01 (d) Conduct of Elections. cept otherwise provided by [his Cha[te[, all req ala[ and spec ral elections of the City of Longwood, Flo[ida, shall be conducted i ordance with the election Laws of the state of Florida and the Codenofc0[d in antes of the City of Longwood." The Committee believes that the section should be ended ce Elect that the City m omply with the election laws of the State of elo[ida and that the termcordinance should be a ended t ead Code of 0[din all o[d finances will become mpact of rthe Code of Ocd inancesfollowing adoption. 146 Conseq sus: Colby suggested that she r w to i that the ording did not onflict with State ElectioneV The Commission ~. approved the recommended change subject to iev[ew bywCity Attorney. Recommendatjon__NUmbe[_ 16: Eection_D 02___ LAND iDAT_F._ NOMINgTINy PROCEO RfiS. mended that itle be chanq ed to [ead CANDIDATE QUALIFYING PROCEDURES m of the following endation that at ing petitions ben discontinued. It alsoor ended that Section 6.02(a) be ended t ead as fol lows is"E.02(a)eC Any qualified voter of themCity may[ qualify for the City Commission as a dist[ict Commissioner." Tne Committee believes Gnat nation petition should be discontinued and if this endat aonnors approved, Section 8.02 will require amendment as [ecommended. Consensus: The Commission approved the change as recommended. tlg44@@g~aaei4~_N4m~gE_11: Sg44isa_R,9aipi - xt is menses Gnat subsection 8.02(6) be changed to ead follows: "8.02 (b) Qualifying Fee. -[efund able qualifying fee of $50.00 shall be requites oL each candidate." The Committee believes that the qualifying fee should be i sed f rom $25.00 to $50.00 to help defray partial costs of the election nand to discourage anyone from submitting a frivolous qualification. ~ Cgns gp;ws: Zt was the con ensus of the Commission that the qualifying fee be enanged to fivespercent (58) of the ual salary. DepMayor L [mann and Commissione[ Myers said they believed $210.D0 was too high. o co@mgRdg 4i44_Nampec_18: ct}on__B_.021cj - It i ended tnat Section s.D2 (c) be deleted if c endat Iona c ingr5ection E.02(a) and 8.02(6) are approved srnce it wmll no longernbecrequired. Consensus: The Commission approved the change as recommended. Recommenaatgon_ Ns@4gi__}p: Se4~LsD_fr.03___E4Etl_4E_49L?4T~ ended that Section 8.03 be ended by deleting first sentence whichm reads as follows: "The Commission by ordinance snali pre ribe the for of ballot including method for listing candidates for Commissione[ elections and any other City election." Tne Committee believes that the form of the ballot adequately red by [he election laws of the State of Flo[ida. Tnere i sufficient time to prescE ibe the forma[ for each election by ova inanre. coDS€¢~es: Tne commission appmvea cne mange as reCOmmanaea. 3ecoIDm?naatis9__tlsm4gs __ 39: 3ggLisn- fl"44_. ELECmx4N5. Tt is ended that subsection p.OA(a) be a ended to ead follows: "BC04(a) Genecal andidat esm for office of c '~ under this Chartep rshall x ithin the Commission District m svhi'h they x side and fo[ which thsyw shall qualify, and be el ectedrat la[3e fo[ such office by [ece rv ing the highest number o£ votes cast." The Committee believes that this a endment will eliminate the need for [ -off elections. His tocically, -off election t out a uch less athan fo[ the [egular el e<T ion andr{he Committee doesrn believe that the result viii ne cessac ily reflect the will of the people. copsgnsys: The Commission approved the change as recommended. Aecommenda[$on_ Nym¢eE___31: Section 8.04 ELECTIONS. IL ended that section 8.04(6) be deleted since there would not be any [equieement Eoc a run-off election. mhe Committee believes that electing the candidate with [he highest umber of votes as is will cef Sect the will of the people and will elimrnate the unnecessary expense of tun-off elections. Cogs enaos: M[s. Colby ended that p[ov is ions be [ ned i the Charter p[ov ide £o[ a mof£ election 1 the a ent eof ra tie The Commission agreed wit hnnthe zecommendation to [etazn Section p.04(b) in the event of a tce. ggc9m0g9~S4$49___tlumbeE__ ~2: Egg¢$4p__tl.4<___ELEET14HS. Lt is ~ ended that ect ion 8.04(c) be ended ead follows: "p~04(b~. Single Candidate. the a ent that not m e than (1) per n qualifies a and idateLfoz a designated seat on the Commission she filled at a selection, that candidate will be prey umed have voted fe[ his/herself and will be automatically elected wit hontthis/her name being listed on the ballot and public notice will be given." The Committee ends that the cequ i[ement that a Ingle andidate be listed onethembal lot a[y and doesn't a omplish any purpose and could r salt in a celectionsthat w a[y due t two of theee candidates being unopposed. This r entlynhappened in the City o£ Altamonte Sp[ings and the cost was in excess of $6,000. Cppsensus: Colby que ned whether the change w requited s pa [t ofsthe State Election Laws. The Commission agreed wit ha thewr ended change if the State Election Laws do not eliminate the requiremensfor an election. e_ndac$op_dus4ga_21: 3gsti49_d0"41_Gtl86mEg_AtlgpggENT@. ended that 10.01(c) be a ended ead follows "30.01(c~. CLa [t ersRevi ew. The City Commissiono shall, from t and less than a ecy theee (3) yeacs, appoint Adv iso[y Chartebm ittiniteeefo[endasonPOto the Commission for Cha rtersotmthe city an su g ce omm pcopos ed a endments 14s ' ~ of the Charter. The Advisory Chart ei Committee shall be estab lisheds ith (1) member representing each C and coot roue [n existence foe a period not to exceed one[(17 oyea~~s trier The Committee believes that the Cha[te[ shoald onta in definite prov for t least e ecy three (3) yearsc There [s no .such cp covrs con at athevpces ent time. v Consensus: The Commission approved the change as recommended. ____mmgpdBtyo- Npmber 24: bengral Recommendations. It is the i endation of the Chart e[ Adv is o[y Committee that the Charter be amended to he/she where 'he" now appears. Ii s the c endation of the Charter Advisory Committee that table of contentsebemmpcepared; that the s o£ the type be increased for easing; and that the c [ bermade m distinctive and rn<luaeaene words "CHARTER - HISTORIC CITY OF' LONGWODD, FLORIDA." It i the r endation of the Charter Advisory Committee that the City CommissioneC ad opt a solution to e tablish a sable tee for validating any petition rs ubm it ted fors inrtrat [ve or ce Eecendum in accordance with Section 9.09. Consensu g: The Commission asked that a explanation be ncluded foo note in the Chartec that the u ofnword "he" also rn eludes asnea^ otner recommenaationa were app[oveaeaa reeommenaea. 4. Tne Commission cecessed from 8:55 P.M. until 9:05 P.M. 5. Additional -is cusaion Items: Mayo[ Goldberg said he bad r ved a telephone call c inq the proposed ordln an ce t change st[eetP1 Mayo[ Goldbe rg osaidnM Rill Piloian had sug Bested that E E. Williamson be changed to Church t fro its [ with W. Lake to its [ ection with Itangeline Road. TTerCOmm SSSion aq[eed t side[ the suggestion du[ing the public hearing on the ordinance which wonld be held on Monday, August 18, 1986. 6. City Administrator's Report: Waffle[ advised the Commission that Ivey, Bennett, H and walla [berPl inning Consultants Eor the Comprehensive Plan x w Tad regue red education forum with members of the Commission and suggested that a joint meeting be held o Wednesday, August 27. 1986, a Y:DR P.M. and the Commission agieedn schedule the eeting [eques Ced. Mayor Goldbe [g and DepMayortoLO[mann aid they would be unable to attend the meeting due to previous commrtments. b. Wallet [equest ed the City Commission Co officially change the date of the regular eeting scheduled for September 1, 1906 to Septembe[ 0, 1906 si a the 1st w Labor Dao and to app[ove a nq n Septembe[ 22, 1986 ncfor final aadopt ion f the budget M [ion iby De pMayo[ Lo[m nn, econded by Commissione[ Mye [s that the City Commission holdat he [eg ula[ m ring scheduled fo[ Septembe[ 1, 1906 on September 0, 1956 and that the City C i on a on 9/15/86 and 9/22/86. Motion cair ied by a unanimous ~oll call vote. ]. City Attorney's xepo[t: Mrs. Colby briefed the Commission a proposed interlocal agreement p[ovid ing for a distribution fo[mula for the local optior. gasoline [ax. Mrs. Colby aid Seminole County had requested a fixed rather than roll [ate for the County due t requirements cE their bonding ompany and she aid the proposed agreement called foe omputation of the distribution fo[mu la a erg Year rather then a erg years as previously agreed t Mcs. Colby sa'd the proposed agreement legal but from a financial v a det[iment to the City of ong wood and she advised that thelPCitytwas not legally obliged to sign. Colby aid if Cities comprising Sob of the population sign the agreement, i ould be effective without Longwood's app oval. Mayor Goldberg said he w opposed to the agreement because it did n the provisions previously agreed Commissioner Faulkne[ suggested that that w trying to grow stick together and he said a fixed sha recfots noleeCOUnty did appear fair e the County would have shrinking share of the population. DepMayo tcLOrmann suggested delaying a decision u til August 10, 1906. Commissione[ Faulkne[ said he thouq ht the Commission should take a stand tonight, eeks asked that the Commission vote n n the pcopos ed agreement Mand said it w not the financial i of the City, by Commissione[ Faulkner, a onded by Commissione[ Mye[s that the iC ity n app[ove the p[oposed r erlocal agreement for dist[ibut ing local opt iontg asol ins t sine it w changed f[om what [he City had previously agreed to. Motion ca[r ied by a unanimous toll call vote. e. mayor and Commissioners` Reports: Mayor Goldberg asked that the City t m rtes limbs extending intoathe st[eet on oxford st[eet ne a[ the intersection of SR 434. b. Commissione[ Sme[ilson asked [hat the City p[ohibit the practice of distributing fliers, n wspaper etc. when thrown f[om vehicles s they litre[ the neighborhoods and [aged theft because flies t picked up indicated tha tthe [ sidents w way fromumhomee Mrs. Colby said she had previous experience withe [he problem and suggested that o[d finance be p[epared if the pact ice ends ng e[ed public safety. Colby said the City could not restrict del ive[y of flies if theyMw a placed o the porches of hom The Commission requested that Mrs erCOlby daft an appropriate ordinance. Motion by Commissioner Smerils on, s onded by Commissioner Mye [s [hate approved bills be paid subject toc the City Adm in istcator's that funds w ail able and that no bills w high. as sacance ere av ere too DepMayor L an questioned the number of onferences between M . and rthen Mayor and Mayor Goldberg sa idc Ro [man had me[ f[equently with himself and other officials ing v ncluding the gasoline tax and he believed the nb ill submitteds bmatt The motion reied by a of 4 to 1 with Mayon Gol dbe[ge CDepMayo[ Lo[mann and Commis sione[s Myers and Sme[il son voting Aye and Commissionez Faulkne[ voting Nay. d. Commissione[ Faulkner asked that action be taken t have the grass cut on Stum's c and suggested the City conside~ condemning the property as a heap he haza rd. Mayoc Goldberg asked that the q[ass on the right of way of Rangel ine Road be mowed up to the fences. 9. The meeting was adjourned at 9:4o e.M. "Mayoty of Longwoo Florida TTEST: ~LX_ar