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HomeMy WebLinkAbout1992 01 08 Minutes MINUTES OF THE COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY held January 8, 1992, 7:00 P.M., in the Lake Mary Commission Chambers. I. Call to Order The meeting was called to order by Chairman Mealor at 7:10 P.M. In Attendance: Commissioner David Mealor, Chairman - Lake Mary Mayor Joseph Hillebrandt - Casselberry Councilperson Ida Cook - Oviedo Commissioner Lee Constantine - Altamonte Springs Commissioner Paul Lovestrand - Longwood Commissioner Whitey Eckstein, Treasurer - Sanford Commissioner Pat Warren - Seminole County (arrived at 7:15) Commissioner Cindy Kaehler - Winter Springs Nancy Warren - Seminole County School Board Raphael Montalvo - Conflict Resolution Consortium Susan Thorne - Administrative Assistant to City Manager II. Pledge of Allegiance III. Approval of Minutes: November 13, 1991 Commissioner Kaehler moved to approve, seconded by Councilperson Cook and carried by a vote of the Board as follows: Voice Vote: (8) Yes IV. Treasurer's Report Commissioner Eckstein reported that the remaining fund balance is $430.14. Chairman Mealor noted that notices were mailed to each of the governmental entities this month at a fee of $25.00 which covers postage and any additional expenses incurred for calendar year 1992. Commissioner Constantine Councilperson Cook. moved to approve, seconded by V. Old Business There was no old business to report JANUARY 8-92-1 Chairman Mealor reported that Dr. Ned Johnson, citizen was present in the audience (formerly with Seminole Community college). VI . New Business A. Election of Officers Chairman Mealor regretfully submitted his resignation as Chairman of CALNO. He reported that he has been asked to serve a one year term as the Executive Director for the Southern Association of Colleges who have relocated their Florida office to the UCF campus. He expressed his heartfelt appreciation for the support he was given by the Board members during his term. Motion was made by Commissioner Lovestrand to nominate Commissioner Eckstein as the newly elected Chairman. Commissioner Eckstein respectfully declined the appointment as Chairman and stated that he would be happy to serve another term as Treasurer if the Board so desired. Motion was made by Commissioner Constantine and seconded by Commissioner Warren to nominate Commissioner Kaehler as the newly elected Chairman. Voice Vote: (9) Yes Motion was made by Commissioner Constantine and second by Commissioner Lovestrand to re-nominate Commissioner Eckstein as Treasurer. Voice Vote: (9) Yes Chairman Mealor thanked the newly elected members for their willingness to serve. The Board thanked Chairman Mealor for his hard work and willingness to serve as Chairman over the past year and said that he will be missed. B. Conflict Resolution Report update - Raphael Montalvo Mr. Montalvo stated that the Consortium is a uni versi ty based service that is funded by legislature and their mandate is to provide alternative conflict resolution services in growth management/related disputes. JANUARY 8-92-2 ,~..-. While handing out two documents (copies attached) to the Board members, Mr. Montalvo mentioned a bill that was sent to CALNO in the amount of $272.00 for airfare and materials for the Assistant Director to travel from Tallahassee to Orlando. Included in that fee, in error, was a $10.00 charge for Mr. Montalvo's mileage. He stated that if the Board felt the bill was inappropriate, due to the letter received by the Board members on March 5th, he would defer to their decision. Chairman Mealor felt that it would be in the best interest of the Board to reimburse the Conflict Resolution Consortium for travel and material expenses incurred. Board Member Warren moved to approve the reimbursement of the $272.00 seconded by Councilperson Cook. After further discussion, the Board agreed to reimburse all but $10.00, which was for Mr. Montalvo's mileage. Voice Vote: (9) Yes Mr. Montalvo reviewed the Interlocal Agreement on Mediation and Intergovernmental Coordination. Mr. Montalvo explained the steps involved in the mediation process. They are as follows: Notice Served - (Day 1) - This is the first step which involves a Chief Administrator notifying another jurisdiction's Chief Administrator and their governing body by sending them a Certified letter. Initial ESC (Executive Settlement Conference) - (Day 1 - 10) Within 10 days of receipt of this notice, the petitioning and responding jurisdictions must hold an executive level conference which consists of a staff meeting at the level of the City Administrator to the County Manager and the City Administrators along with any other staff members that are requested to attend by the initiating jurisdiction only. Commissioner Lovestrand questioned if this Agreement differed from the old Agreement. Mr. Montalvo's reply was yes and explained that this is an attempt to back up and give the jurisdictions a chance to settle the issue at a technical level before it gets to a public meeting. JANUARY 8-92-3 Negotiations - (Day 11 - 40) 30 days after the above referenced meeting, the jurisdictions have a chance to go over the defined list of issues and problems hoping that informal communication will solve the problem. If the informal negotiations were productive, both parties need to state same in writing, or it will go to mediation. Mediation Invoked - (Day 41) Mediation is automatically invoked if the parties no not do anything. Mediator Selection - (Day 41 - 50) The parties have ten days to select a mediator. If no mediator is selected within this time, the responsibility for making this selection is given to the Chairman of CALNO. Commissioner Constantine suggested that selection should be made by the majority vote of those members present and not in dispute. Commissioner Lovestrand felt that the Chairman should have the responsibility for selection unless he is in dispute, then it would be referred to the Treasurer. Commissioner Kaehler felt that if it came to that point, the discretion could be of the Chair to call a special meeting, which requires public notice, requiring at least 24 hours. Mr. Montalvo stated that this public notice will delay the clock at least 10 days in cases where the parties cannot reach agreement. In reference to the Initial ESC Meeting, the Board questioned if the petitioning and responding jurisdictions could request but not demand representatives from the other side and also allow more than one petitioner. Mr. Montalvo stated that the correct word is request, but the penalty is for not responding to the request. He also stated that more than one petitioner may be allowed. Commissioner Eckstein mentioned existing Interlocal Agreements and questioned whether or not this new Agreement would take precedence over the existing ones should a conflict arise. The Board stated that this particular agreement would take precedence over anything not already agreed upon. JANUARY 8-92-4 !!"........ Mediation Period - (Day 51 - 80) There are 30 days allotted in the agreement for mediation to take place directed by a mediator. At the end of this period, the parties may elect to extend this indefinitely at 30 day increments. At any stage during this process the parties, by unanimous written consent, may move to another stage or extend the present stage. EOSC (Elected Officials Settlement Conference) - (Day 80 - 95) If the parties do not extend the mediation period, then and only then, does it go to an EOSC, which is a facilitated public meeting between the governing bodies of the jurisdictions involved. Ratification - (Day 95 - 125) The parties have 30 days from any point at which they reach agreement (a written text signed by the Chief Administrators of the participating jurisdictions) to adopt it by Resolution or Ordinance. This is a mandatory time frame. Court - If a compromise still cannot be reached, your preserve the right to a court and must comply with Florida State Statutes Chapter 164, which requires a public meeting between governing bodies before going to court. Mr. Montalvo recommended that each jurisdiction represented on CALNO designate one senior level staff person to serve as facili tator, who will be provided training and updates on a continual basis by the Conflict Resolution Consortium. The Board requested that Mr. Montalvo send them a copy of Chapter 164 of the Florida State Statutes. Chairman Mealor thanked Mr. Montalvo for the documentation he presented. Mr. Montalvo stated that he would like to prepare a list of the Board's recommended changes which are: 1) That the majority of CALNO members not in dispute be involved in the mediator selection at the next meeting or a Special Called meeting 2) That petitioning and responding jurisdictions be allowed to request, but not demand, the presence of representatives from the other side and 3) To allow more than one petitioner. Once the list is prepared, it will be presented to the Board for their approval. Mr. Montalvo also requested the Board's direction on mediator training of facilitators from each jurisdiction and questioned if they would like this included in the report. JANUARY 8-92-5 Commissioner Constantine moved to approve that Mr. Montalvo's recap of the Board's suggestions be incorporated into the Interlocal Agreement in draft form as well as adding an addendum of any suggestions that he might have as far as further recommendations and bring back to the Board's corresponding attorney's for suggestions and approval. Commissioner Warren amended the motion to reflect that the draft be brought back to the Board for their review before being forwarded to the Attorney's. There was also a consensus of the Board to amend the motion to include a provision that this new agreement does not take precedence over any existing agreement. Motion was seconded by Commissioner Warren. Voice Vote: Yes (9) Councilperson Cook made Mr. Montalvo aware of the fact that Longwood and Oviedo were left off of the Interlocal Agreement. Mr. Montalvo stated that he would amend the agreement accordingly. c. Legislative Priorities Statement for 1992 Chairman Mealor suggested support on the issue signed between Seminole County, the City of Sanford and the City of Lake Mary involving the entry way to Seminole Community College be forwarded to Tallahassee to assist their efforts on this project. Commissioner Constantine agreed with Chairman Mealor's suggestion. Commissioner Warren suggested the support of Preservation 2000, which is the matched funds process through which our referendum and natural lands acquisition would be matched. Commissioner Eckstein suggested the support of the funding formula for education. Commissioner Constantine moved to approve the elimination of the "fuel adjustment charge", the "local option gas taxes", the "growth management plans" and the "lottery funds". He requested the re- submittal of the requests for support on the "partial year assessments or "interim service fees", the "state water resource management policy" and the "promotion of urban infill" and the addition of Commissioner Eckstein's suggestion on a funding formula for education and Chairman Mealor's suggestion on the increased access to the parking lots for SCC. JANUARY 8-92-6 Motion was seconded by Commissioner Warren. Voice Vote: Yes (9) D. Other Business Commissioner Constantine stated that he would like to see the completion of the Conflict Resolution, hear the progress again this year on the School Impact Fees, work on assembling an organized sign ordinance - such as the terminology (including street names), implement programs on water resources and environmental concerns, discussion on industrial development, presentation by the Tourist Development Council, he would like to hear what the City, County and School Board are doing, and an update on the Commuter Rail Authority. School Board Member Nancy Warren stated that she would like to hear what the Tri-County Transit is doing. Commissioner Warren stated that she would also like to see CALNO as a group hit on a joint effort to pull in some economic and industrial approaches and also felt that the area is in need of a large central area for tourist development. She also mentioned that they are in the process of scheduling a second annual water seminar in Seminole County for early June. Mayor Hillebrandt expressed concern over Tri-County transit's busses traveling on the main thoroughfare and the high accident volume. Councilperson Cook questioned the scheduling of future meetings. Chairman Mealor stated that February's meeting will be held in Longwood, March's meeting in Oviedo, April's meeting in Sanford, May's meeting at Seminole County, June's meeting at Casselberry, July's meeting at the School Board, there is no meeting scheduled for the month of August and September's meeting will be held in Winter Springs. 7. Reports from Members Commissioner Eckstein reported on the success of Sanford's Christmas parade. He stated that their Comprehensive Plan was accepted. Appreciation was expressed to Chairman Mealor for his service. Councilperson Cook reported that Oviedo was found in non-compliance with the Comprehensive Plan. A worksession has been scheduled for Monday evening followed by a worksession on water rates. JANUARY 8-92-7 Commissioner Lovestrand reported on the success of Longwood' s Christmas parade. The Commission was unanimous in asking to 4-lane Highway 427 as opposed to six-Ianing. He reported that there is a delay in their hotel due to the fact that the seller wants more than the appraised value. Mayor Hillebrandt reported that Casselberry just annexed Lake Kathryn Estates into the City adding an additional 1,200 residents. They have also just raised their water rates. He reported that he is the Mayor, City Commission Seat 5 Chairman, and he was elected by the entire City. Chairman Mealor wished Mayor Hillebrandt much success. Commissioner Kaehler reported that Winter Springs was found in non- compliance with the Comprehensive Plan. They have not had any garbage problems. They have added an additional pickup at no charge, but they are going to be putting it on the tax roll. She thanked the Board members for electing her as Chairman for the 1992 calendar year. School Board Member Warren reported that she was recently elected as Chairman of the School Board. Mr. Wells has been appointed as Superintendent of Schools. They have contacted the Florida School Board Association to be their consultants, they will be appointed in May and on board by June. Their Strategic Planning Committee has turned several of the action plans back to the action teams for revision. They are expecting a draft report on their Impact Fees with an estimate of approximately $2,000.00. They are looking into alternatives for the new high school due to the size and shape of the property. Commissioner Warren reported that she supports the 4-laning of C.R. 427. She asked Mayor Hillebrandt to let her know if Casselberry plans on annexing anything else into the City. Commissioner Warren thanked Chairman Mealor for his service on the Board. Commissioner Constantine reported that Altamonte Springs has not had any garbage problems, they have added and additional pickup for yard waste on Wednesday at no monthly charge. He asked the Board members to let him know if they had any suggestions on elderly/ school pedestrian opportunities because he is on the state-wide task force as a representative of the League of Cities. Altamonte Springs was also found in non-compliance with the Comprehensive Plan. They are experiencing some concerns over Florida Hospital Al tamonte' s plans to build an incinerator. DER is currently reviewing the plans and Green Peace has also gotten involved. He mentioned that the Commissioners went Christmas caroling and the City also had a Christmas lighting contest this year. He also stated that Central Parkway should be completed by April. Chairman Mealor thanked Commissioner Constantine for his ideas. He also stated that he will miss all the Board members and thanked them again for their support and willingness to get things done. JANUARY 8-92-8 8. Next Meeting: February 5, 1992, Longwood There being no further business, the meeting was adjourned at 9:35 P.M. Respectfully Submitted, David Mealor, Chairman \ ,1A-lJ)a1L ~. '--/h9?fi2~ ,. SUsan B. Thorne Recording Secretary CITY OF LAKE MARY /sbt JANUARY 8-92-9