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HomeMy WebLinkAbout1989 04 05 Minutes COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY AprilS, 1989 The regular meeting of the Council of Local Governments in Seminole County was held at the Lake Mary Commission Chambers, 158 North Country Club Road, Lake Mary, Florida on AprilS, 1989 at 7:00 p.m. MEMBERS PRESENT Commissioner Lee Constantine, Altamonte Springs Mayor Owen Sheppard, Casselberry Commissioner Thomas K. Mahoney, Lake Mary Commissioner Hank Hardy, Longwood Councilperson Jane Dees, Oviedo Commissioner Whitey Eckstein, Sanford Commissioner Jennifer Kelley, Seminole County Nancy Warren, Seminole County School Board Mayor Leanne Grove, Winter Springs x X X X X X ALSO PRESENT Commissioner David Mealor, Lake Mary Cindy Wright, Seminole County Bill Colbert, City Attorney, Oviedo Cathy Savino, Industrial Development Commission CALL TO ORDER The meeting was called to order by Chairman Lee Constantine. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Moved by Commissioner Kelley, second by Councilman Dees to approve the minutes of March 8, 1989. Carried unanimously. TREASURER'S REPORT No report due to Commissioner Mahoney's absence. OLD BUSINESS a) Dispute Resolution (Bill Colbert) Mr. Colbert said he thought the consideration of a dispute agree- ment was a step in the right direction. He said Chapter 164 of the Florida Statutes was an attempt by the leg islature to try and provide for dispute resolutions and the shortcoming of that statute was that it pertained mainly to suits. He said most of the things that had gone on in court between cities and counties were appeals, not the filing of a complaint in a straight-forward lawsuit. Councilman Dees had given him a draft that CALNO had considered and he tried to broaden the Resolution and wrap it within Chapter 164 COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY, APRIL 5, 1989 Page 2 which he didn't think they could avoid because it was a statute of state-wide application. He said he felt by interlocal agreement, a local government in Seminole County could agree to do more than Chapter 164 required but couldn't do less. He said if there was a dispute and one local government was considering taking action against another local government who was a member of CALNO, they would be obligated to notify that party in writing which then requires a meeting of the two governments within thirty days. If the two entitites could not resolve their differences, it would then be referred to mediation which must take place within sixty days. He said if the parties reached an impasse, then any party was free to go to court. Mr. Colbert said he tried to incorporate some saving provisions whereas if there was a bona fide emergency there was a way to get around the agreement. He said there was also a paragraph that provides if there was a statute of limitations problem or appeal problem where a local government would lose the ability to take action if something wasn't filed that they would be free to file it, but as soon as it was filed the local government would be obligated to ask a judge to abate it while they go to mediation and try and solve it. Councilman Dees said she is very happy with this document and asked if it needed to go to all Cities first. Commissioner Constantine said he believed as an adoption process, CALNO would vote to support this and take it back to their respec- tive commissions and get it approved. He thanked Mr. Colbert for his work, time and effort on this document, and fel t this was a document everyone could work and live with. Mr. Colbert offered his assistance if needed further. Commissioner Kelley referred to Section 5 regarding selection of a mediator and asked who makes the final decision for a mediator. Mr. Colbert said there was a mediation process which was recognized in the Statutes. He said Seminole County has a mediation process would would require a recognized mediator on the list. Moved by Councilman Dees, second by Nancy Warren, that CALNO accept the Interlocal Agreement on the Dispute Resolutions and recommend approval by the seven municipalities, the County and School Board and ask its representatives to go back to its respective Commis- sions and vote to support this Interlocal Agreement. Carried unanimously. b) Interlocal Agreement on Solid Waste Management Act - Cindy Wr i9ht Ms. Wright said the solid waste management had been broken into subcommittees and passed out progress reports of the subcommittees. She said at the last CALNO meeting, she presented a draft of the interlocal agreement which had been drafted by the County and reviewed with the Solid Waste Task Force. They had requested that COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY. APRIL 5. 1989 P ag e 3 the Task Force members take the Agreement back to their cities and city attorneys and provide comments by April 6th. The reason for such a short turn around time is that they were looking at mid May for presentation to the State along with the grant application. She said they hoped to present the final agreement to the County Commission at their May 25th meeting and then send it back to the cities for their May meetings. She said the Task Force will meet on April 20th and hoped they could reach a consensus in order to have the agreement to the cities for their first May meeting in case any concerns needed to be addressed. Mayor Sheppard emphasized that this was a big thing and the County would be responsible to have the collection facility and the cities would be responsible to make the collection and transport it to the collection facility. He asked if the Task Force would be helping the cities work up a program or if they be on their own. Ms. Wright said the County would make that available to the cities and work with them or they could proceed under their own program. Commissioner Constantine said the City of Winter Park could do this for an additional $1.70 per household. Commissioner Mealor said in serving on the Recycling Task Force, they looked at trips generated, equipment, time on the road and other variables and felt $2.70 was close overall average. Commis- sioner Mealor said Lake Mary's report would be submitted on Friday. c) Finalization of legislative package for 1989 Commissioner Constantine asked for any addi tions or changes for each item in the legislative package. 1. Definition of Enclave - no opposition. 2. Annexation of Enclaves without Dual Referendum Commiss ioner Dees said perhaps Commiss ioner Kelley had a problem with this because the areas they were talking about were beneficial for the County to get ride of, and Commissioner Kelley said they had no problem with annexation. 3. State Funding Mandates - State Mandated Programs without Funding - no opposition. 4. Moderation of Concurrency Requirement in Growth Management Plan Commissioner Constantine said he is concerned with this issue because he thought moderation was a question of leniency on concur- rency and concurrency in its pure state was that the infrastructure would be in place when the impacts took effect and firmly believed in that. Councilman Dees said she didn't like the way it was worded. COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY. APRIL 5. 1989 P ag e 4 Mayor Sheppard said he felt the wording was too broad and needed to concentrate on concurrency. Commissioner Kelley said it may be that the counties were trying to stay away from the word "concurrency" until they know what they were talking about and got settled in on it. After a lengthy discussion, it was agreed to change the wording as follows: "CALNO endorses that the State place the same planning stand- ards that apply to local governments. State must fund State facilities such as roads. If comprehensive planning is to succeed, all levels of government which provide infrastructure mus t be fully acc oun table to the publ ic . CALNO w ill oppose any leg islation which attempts to transfer State or Reg ional responsibilities to the local level." Commissioner Constantine said the issue of street lights were discussed at the last meeting. Mayor Hardy said one of the Department of Transportation's require- ments for installing street lights was that the city maintain them with the city's costs being electricity and maintenance. 5. Use of Turnpike money to complete Expressway Commissioner Constantine said if anyone had a problem with this issue, to please let him know. Moved by Councilman Dees, second by Commissioner Mealor, to approve the five items discussed for the Legislative Package for CALNO to go to the Legislative Delegation for the 1989 Session: (1) Defini- tion of Enclave; (2) Annexation of Enclave without Dual Referendum; (3) State Funding Mandates; (4) Moderation of Concurrency Require- ment in Growth management Plan; and (5) Use of Turnpike Money to Complete Expressway. Carried unanimously. 6. NEW BUSINESS a) Host Presentation Due to Commissioner Mahoney's absence, there was no presentation. b) Motion Picture and Television Permitting - Cathy Savino Ms. Savino said the Economic Development Commission (EDC) is the official economic development agency for Orange, Seminole and Lake Counties as well as the City of Orlando. She said three years ago, with the two motion picture studios coming in the area, the local governments met and decided it would be a good idea to make one uniform procedure and consider a one-stop permitting proposal. Ms. Savino said the movie "Parenthood" was currently being filmed in Central Florida and as a result, $20 million was being dropped COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY, APRIL 5, 1989 P ag e 5 into the Central Florida market over an eight week period of actual production. For every dollar they spend in the market, it would turn over to the community they happened to be in 3.57 times. She said all it took was a little cooperation, education and assistance on the city's and county's parts to reap all the benefits. Upon questioning by Mayor Sheppard, Ms. Savino said the EDC paid her bills. She said they were paid by the counties of Seminole, Orange and Lake to be their official economic development agency. Commissioner Constantine said this was a service they have taken upon themselves to provide and the counties and cities were not obligated to accept it. Councilman Dees said if someone wanted to shoot part of a film in more than one town, instead of all of the cities having to get involved, they would go to see the Motion Picture and Television Permitting people, sign all the agreements between each city, send the agreements to the respective cities and it's done. She said she would presume they would keep up with what each city's require- ments were and make sure they comply. Commissioner Eckstein said the City of Sanford unanimously approved the one-stop permitting but there were some questions and concerns. He said when "Superboy" came to Sanford, there were complaints about traffic being tied up and also about the crew's food being catered so the local vendors could not take advantage of selling food, and asked where the economic development comes from. Ms. Savino said the economic development came from the off duty officers they hire, the location fees paid to the businesses being used, etc. She said they hired a catering company to travel wi th them and she had no control over that. Sometimes they used stu- dents for extras in movies which was a nice field day for the kids. Ms. Savino asked that CALNO read through the sheets she passed out. She said basically, they were gathering the information and coming to the respective cities' heads of departments to work out all the details such as the schedule, where they want to shoot, a summary of the activities for each location such as if they will have stunts, explosives, fireworks/firearms, temporary structures, etc. Upon questioning by Commissioner Constantine, Ms Savino said permit costs range from $35 to $50 to fill out the paperwork. Ms. Warren said the school board was a different bureaucracy and would require different policies, and Ms. Savino said she would be happy to work with them. Upon questioning by Commissioner Mealor, Ms. Savino said the producers pay for all the police time, etc. Ms. Savino said they cover all the expenses and one reason they like it going through their office is so they could make sure the company is real and would really pay their bills. Ms. Savino said she would be happy to speak to any commission upon request. COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY. APRIL 5. 1989 P ag e 6 c) Discussion of May Agenda Items Commissioner Constantine said a couple of months ago there had been discussion about the School Board impact fees and asked if May was a good time to put that item on the agenda. Ms. Warren said they would be more ready for a presentation a little later than May. Commissioner Constantine asked if anyone had a problem in changing the next meeting to May 10th as legislative days in Tallahassee are scheduled for May 3rd and 4th. There was no opposition to this request. The June meeting was set for June 10th in Oviedo. REPORTS FROM MEMBERS Ov i ed 0 Councilman Dees said they performed their City Manager's evaluation last week and was published in the paper before the evaluation was actually done. She encouraged the cities to stop supporting the Orlando Sentinel when the Sentinel didn't support the the cities. She said she could see no reason to demand the evaluation three days before the evaluation was due and publish the results the day of the evaluation. She said there was nothing bad in the evalua- tion but what would have happened if there had been. Lake Mary Commissioner Mealor said they were pleased that Winter Park's loss would be Lake Mary's gain in the acquisition of a new City Manager, John Litton, who would be on board April 10th. He said it was felt that Mr. Litton would be a very successful City Manager. Seminole County Commissioner Kelley said last Friday she went on a County Develop- ment Block Grant (CDBG) bus tour which was very depressing, but realized other districts had the same problems. She said she was disappointed that the only person from the press was Mark Barfield from the Sanford Herald who took pictures and did a very nice article on those blighted areas. Commissioner Constantine said last year a representative of the Block Grant Program came to Altamonte Springs for their endorsement and he had asked if the money could be used for enforcement pur- poses and things such as street lights which would make it safe. The representative told them "Yes" but had never thought of that. Commissioner Constantine said he felt it makes a lot of sense to do things to protect the community as well as paving the streets. There being no further business, the meeting adjourned at 8:30 p.m.