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Resolution 94-742RESOLUTION NO. 94 -]42 EsOLUTION OF THE C GWOOD, FLORIDA, ESTABLISHING AN EgVITY STUDY COMMITTEE FOR 'PHE PURPOSE OF RECOMMENDING CLASSIFICATION SYSTEM AN E STRUCTURE F CCUPATIONAL I..ICF,NSING D XES TO Y COMMISSION, PROVIDING F'OR EFFECTIVE pATECIT WHEREAS, the legislature of the State o£ Florida, has sed and c ted a relating to local o cupational license taxes under Florida Statutes sectron 205, and c ection 205.0535, eclass if ication and r S provides to local governments the abilityat eclass ify businesses, professions and o cupat ions and establish rate structures, enbject to certarn conditions specified in the law, and WHEREAS, tnblishinq a Equity Study Committee i oidance with s n 205.0535 i of the conditions required rn order co reclassify and establish na rate structure; E£ORE, a IT RESOLVED H HE CITY COMMISSION OF THE CITY OF LONGW000, P'LOAIDA, AS FOLLOWSY T ~ SECTION 1: (1) Created, Membership; terms and rules. There is hereby created an Equity Study Committee of the City o£ Longwootl. b. I'he Equity c shall c of up t e (9) members, appointed by the City ct and shall have a s to the s s of the city administrator or his designee forcliaison purposesice ach member of the tudy ust be representative of the business communityc wi thin othe City of Longwood. d. The members shall be appointed by and s at the plea of the City Commission until such time as the Committee ompletes and submits endat ions the City shal lc the Committee submit their recommendationsw any later than January 1, 1995. The members of the Equity Study shall elect a chairperson. A v chairperson shall also be elected to preside rn the absence of rthe chairperson. Resolution No. 94-J42/Page 2 f. The presence of a majority of members shall g. The Equity Study Committee may adopt such rules and regulations Eor regulating i ing and other a vities not rnconsrstent with the Chartert or ordinances of the City. (2) Meetings; Responsibilities; Mrnutes The Equity Study Committee shall m o less than eryam nth o the s and Tuesday of each month,nf rom ) P.M. Coc9:00 P.M. at [he Longwood City Hall. b. agenda shall be prepared and distributed on the Friday precedi ngnthe Tuesday meeting. The Eguity Study C shall be responsible t and r end rec lassif ication e and rate structures for occupat tonal licensing taxes to the City Commission. d. shall be kept and copies shall be forwarded o the City Commission. Upon completion o the the mmittee~s final r endat ions shall be forwarded to the City Commrss ron for its consideration. SECTION 2: This resolution shall cake eE£ect immediately upon adoption. t1 PASSED AND ADOPTED TH25 I9 DAY OF SANUARY, A. , 1994. ~•~// Paul Lovestrand, Mayor TEST: r ldine D. ' C?' ity c k Approved as to £ d legal ty f he u and relrance of the r t _ se City of Longwood F1 rda, ly - -'... _RfMY-~5~~~ A 9 Y Y February ], 1994 To: llonorable Mayor and Fellow Commissioners FR: cnmmiaaioner iris aenson /~ ~p RR. Resolution No. 94-]43 ~~`/n~,"w d/- The Interlocal Agreement Mediation and Intergovernmental Coordination i the r salt of approximately two years of hard work the part of the. c cil of L cal Governments. The i of tRe process outlined is tonpxovide a ec hanism foz r solvingti terlocal tlisputes when informal negotiations have failed. the Commissions representative t i have been asked to bring this agreement to yon for your c Asideration and approval. it i my understanding, that to date,o all the members of CALNO~ with sthe exception of Longwood, have adopted this agreement. Thank you for your consideration in this matter INTERLOCAL AGREEMENT ON MEDIATION pN0 This agreement, dated [he _ih day of 1993, by and between the CITY OF ALTAMONTE SPRINGS, FLORIDA; CITY OF CASSELBERRV, FLORIDA; CITV Of LAKE MARY, FLORIDA; CITY OF LONG WOOD. FLORIDA; CITY OF OVIEDO, FLORIDA; Citt Of SANFORD, FLORIDA; CITV OF W INTER SPRINGS, FLORIDA; SEMINOLE COUNTY, FLORIDA; antl THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA; hereinafter collectively known to as Local Governments in Seminole County, Florida, hereinafter referred to as Council. W ITN ESSETH W HE0.FAS, this Agreement is undortakon pursuant to the authority granted by Chapter t 63, Florlea Statutes; Chapter 164, Flodtla 6tatutes: Chaptee 166, Florida Statutes: antl Chapter 125, Florida Statutes. and WHEREAS, the parties hereto have determined and do by their execution acknowledge that this Agreement is in fuRherance of the community health, safety, antl welfare and In the furtheranoe of the public interest, end WHEREAS, it is [he desire of the members of the Council that attempts be made to ve disputes through agreement antl mediation prior to litigating dlspu[es through the court svs m, one WHEREAS, Chapter 164, known as the "Florida Governmental Cooperation ACt" has demonstrated that it is Insufflclent to resolve disputes prior to litigation end the members of [he Councii deslre antl in end that the provisions of this Interlocel Agreement will be supplemental to and done n accordance with the statutory repuirements of Chapter 164. NOW. THEREFORE, in consideration of [he premises herein, and the obligations and esponsibilities assumed antl the rights and privileges foregoing, the parties hereto do hereby agree as follows: Overv'ew antl Intent t. s the intent of [ha process outlined below to p ovitle a echanism for resolving clal disputes when informal negotiations have failed. The process provides for three formal steps: Executive Settlement Conference, Mediation, and Elected Officials Settlement Conference. The process may be invoked and used whether or not li[iflation is imminent. 2. Except as provided in Sections Bltl and 8121 below, [he governing body of a member of the Councils of file suit, n of appeal, petition for certiorari o any other legal vokin0 thel jtrtlsdlctlon of the Courts of the State of Floeida m mbar of the Councl shall) not file suit, notice of appeal, petition for certiorari or any other legal action invoking the jurisdiction of the Courts of the State of Florida unless the governing body has notified the potential delendan[, respondent or appellee of its intent to commence litigation and attemptetl n good faith to resolve the conflict as described herein. 3. For purposes of this agreement Dublic m [ings between governing bodies will be referred t s Elected Officials Settlement Conferences IEOSCsI. Meetings called in ordanga with Sections D(t 1-E131 of this a9re shall be referred [o s Executive Settlement Conferences lE5CS1. ESCS shall a a minimum be attended by the chief atlministratcrs of the participating juristlic[ions. 8 Exceot on 1. If the governing body of a member of the Council finds that an immediate danger to health, safety, or welfare of the Oublio requires immetllate action, no notice or conlerenoe (public mee[ingl, as provided in this agreement shall be requiretl before the suit is filed. In the [y files suit under this section, it will be required to aonaurrently provide the court a justifi anon for its waiver of the notice requiretl by Section A121 above. 2. n the e t that applicable s of li or flutes of Civil or Appellate Procetlure mantlate the filing of an action priors to completion of joint meetings of the affected gov oral e r the completion of the mediation p ss describetl herein, a par[Y ay file Its complaint, appeal or Oedtlon in order to preserve the jurisdiction of the court, but then shall petition the Court to abate Ne matter to permit compliance with the meeting and metliation requirements of this agreement. 1. If a jurisdiction fails to invoke this agreement !except in accortlance with Section 8 above!, or fails to comply with the steps outlined in this agreement, before filing a witF the Courts of the Slate of Florida, that jurisdiction shall pay all attorney's fees andacolsts incurred by the raspontling judsdctions in that proceeding. 2. If a juristliction fails [o amply with the steps outlinetl in (his agreemen(afler receiving ce pursuant to Section A121 above, that jurisdiction shall pay all attorney's lees antl costs Incurred by the petitioning juristlic[ions in that proceeding. 3. In the event [hat parties to this agreement file an action with the Courts of the State of Florida without having complied with the provisions of this agreement !except as tlescribetl n Sec a above!, this section shall constitute a scantling petition to the court [o abate the matter and to order compliance with the requirements of this agreement. D Invok'na the Agreement t. Any parties to [his agreement, singly or jointly, may invoke the agreement by calling an ESC in accortlance with Sections D(21 antl D131 below. 2. An ESC shall be called by the chief adminisVator at the tlirection or with the approval of the governing body of the petltloning juristllq[lon(sl. 3. The request shall be delivered by certified letter with return receipt to Che governing body and the chief administrator of the responding juristliction(sl and shall at a minimum elude a preliminary description of the issues to be discussed and a preliminary Iisl of those who will represent the petitiening jurisdletiens(sl. Acopy of the request shall elmulteneously be sent to the chair of CALNO. 4. ESCs shallata minimum beattended bythe chief administrators of the petitioning and esponding jurisdictions. 0oth petitioning and resDOnding jurisdictions may request that additional representatives of the other participa[in0 jurisdictions be present at an ESC. This provision is ended to obtain the greatest possible efficiency of c and xchange of ~ntformation a n ESC. antlers nod that partioipating lurisdm[ions will n good faith tat honor such equests[ failure of [ha additional requested roepresentatives to attend the ESC shall not, however, be construed as a violation of this agreement. E va Settlement Con~re_ The p ning end re priding lurisdic[ionslsl shall hold an ESC within ten 110) calendar days plf reoelpt of notice as described in Section 0131 above. By unanimous written agreement of the chief administrators of the petitioning and responding jurisdictions, the Yime allowed for Molding the ESC may be extended in ten 111 calendar day increments. 2. ESCS will be facilitated by a tral acceptable to all petitioning and responding jurisdictions and shell be held at a plape and time acceptable to all petitioning and responding jurisdictions. The chief administrators of the petitioning end responding junsdlctlons shall mediately notify the chair of CALNO upon seleceion of the facilitator, or in the event they are unable to agree upon afacilitator and do not further extend the ESC scheduling selection 3. In the even[ the Deti[ioning and responding jurisdictions cannot agree on a facilitator, a facilitator will be selected by a majority vote of CALNO representative whose jurisdictions ning or responding jurisdictions in the dispute. In Ne event of a deadlock, the tacillt torwill be selected by lot from among those considered in the vote. At the discretion of the chair of CALNO, selection of a facilitator by CALNO shall take Dlace at the neM regular ting, or a[ a special meeting, but in no case more than ten 1101 calendar days after the pett inning and responding jurisdictions have tailed [o select a facilitator. 4. ESC participants shall identify the issues [o be discussed, present their concerns and explore options for a solution, and seek agreement. Participants ae an ESC shall be empowered to reach a recommended resolution of [he issues. Agreements reached at an ESC shall be formally adopted according to the provisions of Section H of this agreement. 5. If no resolution is reached aC the fSC, the p icipan[s shall eta minimum draft the following: a description of the is es discussed; and a list of affected o volved parties (including parties which may not be members of CALNO or named respondents in the request.) 1 6. If no resolution is reached at the ESC, [M1e participants will nave a negotia [ion period of t irty (301 calendar days after the date of the ESC t eflorts to negot agren The p end [ negotiation parlod Intitnirty 1301 calendar day is by unanmoius wntten agreement of the chief administrators of Ne petitioning and ondin9 lurisdictions. If Ne parties do not extend an initial oreMende0 negotiation period further, [he negotiation period expires and mediation is automatically invoked by this agreement. ]. 8y a agreement of the chief administrators of the petitioning and ondin9 jrUnsdletlpns otnly, the parties may proceed to medlatlon or directly to an EOSC before the expiration of any thirty 1301 calendar day ertension of the negotiation period. In e, however, shall Me parties proceed to mediation or an EOSC before the expiration of thec nitial thirty (30) calendar day negotiation period. n the event that the negotiation period expires lin accordance with Section E(6l abovel and n agre nt has been reached, or that the petitioning and responding jurisdictions yoke mediation before the expiration of anextension of the negetiation period lin accordance with Sec[IOn E(]1 abovel, medlatlon is automatically invoked by this agreement. 2. The ohlef administrators of the petitioning end msppnding lurlstliotions shall select a media[ within t n (101 c ender days of invoking mediation. By u written agreementthe chief atlminlsvators o(tne Detitioning end responding jurisdictions mayaxtend the ti allowed for selection a mediator in ten 1101 c antler day In Tne chief adm s of the petitioning and responding lurisdic[tons shellimmedletely nto[ity the ohalr of CALrvOtupon selection of the mediator, cr in the event they are unable to agree upon a mediator and do not further extend the mediator seleotlon parlod. 3. n the even[the petitioning and responding lurisdictions cannot agree on a mediator, mediator will be selected by a majority vote of CALNO representatives whose lunsdlotions o[ petitioning or responding lurisdictions in the dispute. In the event of a deadlock, the mediator will be selected by lot from among those considered in the vote. At the discretion of the chair of CALNO, selection of a mediator by CALNO shall take place at the neat regular ring. or at a special meeting, but in no case more than ten 1101 calendar days after the petitioning and responding jurisdictions have failed to select a mediator. 4. All tlisputes shall be mediated bye meth ator who has been certified by Me Chief Judge of the Circuit in accordance with standards established by the Florida Supreme Court, or who is listed ion the Florida Grow(h Management Conflict Resolution Consortium roster, or who is acceptable to the petitioning and responding jurisdictions. 5. Tna initial mediation session shall be scheduled as soon as practical, however, in no case more than thirty 1301 calendar days after selection of the mediator. 6. The mediation periptl shalicpntinue for thirty 1301 calendar days after [he initial session is held according to Section F(51 of this agreement. The metliatipn period may be enendetl in thirty 1301 calendar day increments by unanimous written consent of the chief aammisaaroo of ma petin0nmg ana reaponaing iuasamdons. Ir the pamas ao not extena an [ial o entled maaiaeon pedotl mrmar. ma memaeon period expires ana an Eosc is eutomencally invoked by this agreement. ). By unanimous w n a0reement of the chief administrators of tna petitioning and esponding jurisdictions,rlparties Co mediation may Dro<eed Yo an EOSC before the expiration of any thirty (301 calendar day initial or extended mediation period. 1 B. Each party shall bear equally [he cast associatetl with mediation, or tba parties may snare the cost according to a mutually acceptable formula. G E acted Off'c'als Settlement Conference If n agreement is had in the in ended mediation p riod, and the mediat n period expires tin accordance with Section Et6I of this core entte or if the chief atlminisp[rators of the petitioning and responding juristlictions unanimously and in writing agree o proceetl to an EOSC before the expiration of an extension of the negotiation period (in cordanoe with Section E(]) of tnls agreement) or before [he expiration of the mediation period lin accortlanoe with Seption EIJI of this agreement), en EOSC is eutomatically invoketl by this agreement. 2. An FOSC shell be held within fifteen 1t 61 oalendar days after being Invoked in ortlance with Section G111 above, ey a agreement of the chief administrators of the petitioning antl responding juristlictions, Ineetime allowetl for holding the EOGC may be extended in fifteen 115) calendar day increments. 3. EOSCS shall be facilita[etl by the metliator in charge of the < or by a ral ce ptable tp the petitioning and responding furisdictions, and Held at a time and plane aocepta ble to all petitionin0 and responding jueisdictions. 4. rticipants at an EO SC snap discuss issues, explore solutions, antl seek a0reement, ~n an effort to amicably settle the controversy. 5. If no esolution is eached at the EO SC, any party may Immediately commence proceetlings N a court of com patent lurisdletlpn. 6. Conclusion of an EOSC without agreement shall in way prevent parties from uing to pursue an amenable resolution of the issues mnwhatever forums they deem appropriate. flatification of the Agreements 1. All agreements reachetl at any stage of this process shall be in [he form pf written andations signetl by the chief adminis[ratora of [he petitioning and responding juristli (ions. In lagreements incorporating such recommentlations shall be adppietl by solution o prdenance by all the petitioning antl responding jurisdictions within thirty 1301 calendar days of the signing of the recommentlations. I P e<edenca t. mis agree t Shan not take preceaence over amnraron or omer connmt resownon provisions of interlocal agre s previously o subsequently adopted by members of CALNO. By mutual consent pzrt es may, however, pn a case by case basis elect to use the procedure described herein in lieu of s other conflict resolution provisions of adopted to rlocal agre s. This agreement may also be incorporated by reference as the conllict resolution provisiontpf subsequently adapted interlocal agreements. At the direction of its 9ov ning body, any party may withdraw Irom this agreement My (60) calendar days advance written np[ICe from the withdrawing party [p all agreement participants. 2. Llpon failure of written notice tp the contrary, the agreement shall automatically renew on its annweraarv Bate from year ro year hereaner. IN WITNE65 WHE0.EOF, the partieshave hereunto set their hands and seal the day and year below written. ATTEST: CITY OE ALTAMONTE SPPINGS By: Pet Wainwright, Clty Clark J. Dudley Bates, Mayor ISEALI Dale: ATTEST: CITY OF CASSELBEPflY By: Thelma McPherson, City Clerk Joseph M. Hillebrandt. Mayor ISEALI Date: ~ ATTEST: CITY Of LAKE MARY BY: Carol Foster, City Clerk Rantlall C. Morris, Mayor ISEALI Dete: ATTEST: CITY OF LONGWOOD Geraltline Zambri, City Clerk y Paul C. Loves[rand, Mayor ISEALI Date: ATTEST: CITV OF OVIEDO ey: Nancy Coe, City Clerk Judl[b A. Green ISEALI D Ye ATTEST: SEMINOLE COUNTY SCHOOL BOAPo y Jeanne Morris, Chairman (SEALI Dace: ATTEST: SEMINOLE COUNTY ov: Dick VanperWeide, Aating Chairman ~ (SEALI Date: ATTEST: CITY OF WINTEfl SPFINGS By: Mary Norton, City Clerk PFilip A. Kulbus. Mayor (SEALI Date: