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HomeMy WebLinkAboutFlorida Department of Community Affairs 2001 Mutual Aid Agreement EXEMPTION STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH STEVEN M, fEIBEST Governor ~Y 4. ~F", ~.. o. wrrw.~ .;~. January 11, 2001 'A~ 7 9 ~~~~ ~~ t3~ ~~~a-r~~. S~~ir~ 4 ti: F1RE DEisT Mr. Timothy J. Lallathin, Fire Chief City of Winter Springs 1126 East SR 434 Winter Springs, Florida 32708 Dear Mr. Lallathin: Enclosed for your records is a copy of the executed July 31, 2000 Statewide Mutual Aid Agreement between the City of Winter Springs and the State of Florida, Department of Community Affairs. The City of Winter Springs participation in the Mutual Aid Agreement will further enhance Florida's ability to plan for, respond to, and recover from a future disaster. Your participation in the Statewide Mutual Aid Program is vital to Florida's Emergency Management System and is greatly appreciated. A report that lists all authorized representatives participating in the Statewide Mutual Aid Agreement is available upon request. Thank you for your prompt attention to this agreement. Should questions arise regarding the report or agreement, please call Mr. Michael McDonald at (850) 413-9953. Sincerely, 1"`~c/I ~~~~-- Joseph F. Myers, Directo Division of Emergency Management JFM:ba Enclosure cc: Ken Roberts, Director Seminole County Department of Public Safety 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-219• Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRIflGI fTAT! CONCEIIN FIELD OFFICE COMMUN1T11 MANNING FINERGEI4[.Y MANAGEMB4T HOUSNG i aOMMJNIr DE119i0f~lf 1796 Ove~u HlBhway, Su11e 2J2 2555 Shumard Otk Boulevartl 2595 Shumard Oalc Bodevad 2555 Shumard OSE96hl"~ad Oak Boulevard MiNth011, Flo7id135P38b872227 Tallahusne, FL 32399.2100 TaNalnssee, R 32392100 Tallahassee, FL 3238Nabi®Re, FL 32399-2100 1505)1891401 (850) 466.2356 (65 01 41 3-9 9 69 (850) 488.7956 (850) 488-7956 WINTER SPRINGS FIRE DEPARTMENT ~~r,t~~ ~~~r.~. ~ ...~v'v w ,~ Jrli1JL l02 NORTH MOSS ROAD WINTER SPRINGS, FLORIDA 32708 (f _ ~ ~ ~ ~' ~ ~= r ul .!r,ie 'v F i ~ ~ V TELEPHONE: (407) 327-2332 FAX (407) 327-4750 I December 8, 2000 To: Joseph F. Myers, Director State of Florida, Department of Community Affairs, Division of Emergency Management The City of Winter Springs officially adopted the New Statewide Mutual Aid Agreement, dated July 31, 2000 at the City Commission Meeting held on October 23, 2000. I have enclosed the required documentation as outlined in your memo dated September 13, 2000. A copy of the same information is also being forwarded to Seminole County, Department of Public Safety, Division of Emergency Management. If you have any questions please do not hesitate to contact me. Thank you for your time and consideration. Sincerely, .Timothy J. Lallathin, Fire Chief Email: tlallathinCa~wintersaringsfl.org Cc: City Clerk Seminole County, Emergency Management Enclosures: 4 tu,~ «, July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT This Agreement between-the DEPARTMENT OF COIv~~TY AFFAIRS, State of Florida (the "Department"), and all the local governments signing this Agreement (the "Participating Paz- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters aze likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division"), has authoii~y to coordinate assistance between local govenunents during emergencies and to concentrate available resources where needed. July 31, 2000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities -with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement aze the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement aze Participating Pazties who render assistance in a disaster to a Requesting Party. 2 T . _ _. ,. July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional goven~unental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 3 .July 31, 2000 Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(1), Fla... Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(x), Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Annlicability of the A reement. A Participating Party may request assistance under this Agreement only for a maj or or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources aze inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within fivc (5) days must be confirmed in writing by the Director of Emergency Management for the County 4 July 31, 2000 of the Requesting Party, unless the State Emergency Operations Center has been activated in response o the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the"County of the Requesting Party to either the Di- vision or to another Participating Party. If the. Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Parry. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in iu~ July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE N Responsibilities of Requestin Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party ~ needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; 6 Jury 31, 2000 G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications ortelecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting parties. Each Participating party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 T _ ,.:: _ .. July 31, 2000 ^ C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date,°time and place specified by the Requesting party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition ofAssistance. After the Assisting party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 8 ~__ . July 31, 2000 be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified-the contrary. In its request for assistance the Requesting.Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel ofthe Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement ofcosts incurred under this Agreement shall rest with the Requesting Party, subj ect to the following conditions and exceptions: A. The Department shall pay the costs incurred by an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 July 31, 2000 B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable,-but not later than thirty (30) days afterthe Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 July 31, 2000 other Participating party whose normal duties include emergency management, and the other Partici atin P P g arty shall also select such an official as an.arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference orvideoconference ' vvrth- inthirty (30) days to consider any documents and any statements or arguments by the De art- P ment, the Requesting party, or the Assisting party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearin .The g decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do sob the De- Y partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred b Y any Participating party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment afcostswhichthe Department has already advanced to an Assisting P the As ' ~Y~ sisting Party shall repay such costs to the Department, but the Department may waive such re a - ment for cause. P y 11 July 31, 2000 ARTICLE VIII. Costs Eli ible for Reimbursement. The costs incurred by the Assisting arty under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 July 31, 2000 Party may provide fuels, consumable supplies, maintenance,-and repair services for such - equipment at the site. In that event, the Requesting Party maydeduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged. while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Parry for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and. consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable caze in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 July 31, 2000 D. The Assisting Party shall keep records to documentall assistance rendered under this Agreement. Such records shall present .information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other than.official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Parry to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 July 31, 2000 C. Any Participating Party that is self-insured with respect to any line or lines of in- surance shall f le with the Division copies of all resolutions in current effect reflecting its determination to act as aself-insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasiyudicial proceeding. E. Each Participating Parry which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- fonmance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality ofthe State of Florida to reimburse any Assisting 15 July 31, 2000 Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- miffed in detail sufficient for a proper preaudit.and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating. Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the 16 July 31, 2000 purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by-the InterNet, or may be faxed. - ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilitiesand obligations of that Participating Party underthat agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regazdless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regazdless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the. extent that the former may be inconsistent with the latter. 17 July 31, 2000 D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its .execution by any Participating Party, this Agreement will continue in effect for one (1) yeaz from its date of execution by that Participating Party, and it shall be automatically renewed one (1) yeaz after its execution unless within sixty (60) days before that date .the Participating Party notifies the Department in writing of its intent. to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interoretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 July 31, 2000 Agreement are not independent, but dependent. B. -Time shall be of the essence of this Agreement, and "of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there aze no conditions, obligations, duties, responsibilities orpromises otherthanthoseexpressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Paz- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 July 31, 2000 IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA sy: Chairman Date: Approved as to Form: By: County Attorney 20 July 31, 2000 T^. s 1~ • • t1 n .. .: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA ._ By' - ~ Date: 1 Y ~.~ Director ATTEST: CITY LERK B Title: CIT LERK 21 Title: MAYOR Date: October 23, 2000 CITY OF WINTER SPR STATE FL By: ~~ ~._. Approved as to Form: July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMM[JNITY AFFAIRS ...STATE OF FLORIDA.. By: Director DISTRICT, STATE OF FLORIDA Date: By: By: Title: ~ Title: Date: Approved as to Form: By: Attorney for District 22 ~--~ -• ,= J July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT FORM A Date: December 08 2000 Name of Government: __ Cit_Y of Winter Springs Mailing Address: 1126 East SR 434 City, State, Zip: Winter Springs, F1 32708 Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name: Timothy J. Lallathin Title: Fire Chief Address: 102 North Moss Road, Winter Springs, FL 32708 Day Phone: 407-327-2332 Night Phone: 407-327-0872 Telecopier: 407-327-4750 InterNet: tlallathin@wintersorinasfl org First Alternate Representative Name: David O'Brien Title: Deputy Fire Chief Address: 102 North Moss Road Day Phone: 407-327-2332 Night Phone: 407-260-1984 Telecopier: 407-327-4750 InterNet: dobrien@wintersorin4sfl or4 Second Alternate Representative Name: Robert Beck Title: Tra i n i n Chief Address: 102 North Moss Road Winter S rip s FL 32708 Day Phone: 407-327-2332 Night Phone: 407-695-6005 Telecopier: 407-327-4750 InterNet: bbeck@winter i sor nQSfl ora PLEASE UPDATE AS ELECTIONS OR APPOIII'TMENTS OCCUR Return to:Department of Communiry Affairs-Division of Emergency Management 2555 Shumard Oak Boulevazd -Tallahassee, Florida 32399-2100 2~ ~, . iu~,;r ,~: July 31, 2000 STATEWIDE M[JTUAL AID AGREEMENT .Form. B Date: Name of Requesting party:.: Contact Official for Requesting party; Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 ,., ~..,~ July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form a 4. Types of Resources Needed: 5. Descriptioa of Infrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 July 31, 2000 STATEWIDE MU'T'f1AL AID AGREEMENT ...Form B 8. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: 26 July 31, 2000 STATEWIDE MUTUAL AID A REEMENT Form C _ Date: Name of Assisting party; Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources 2. Estimated Time Resources Available: 27 July 31, 2000 • STATEWIDE MUTUAL AID AGREEMENT Form. C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: 28 uly 31, 2000 F~~E!L~ED PREPA^E;.~rE~~ ~ „~ ~„c !~! r j =SPu,o„~ STATEWIDE MUTUAL AID AGREEMENT Date: December 08 2000 FORM _A Name of Government: __ City of Winter Springs Mailing Address: 1126 East SR 434 City, State, Zip: Winter Springs, F1 32708 Authorized Representatives to Contact for Emergency Assistance: Prim Representative Name: Timothy J. Lallathin Title: Fire Chief Address: 102 North Moss Road, Winter Springs, FL 32708 Day Phone: 407-327-2332 Night Phone: 407-327-0872 Tetecopier: 407-327-4750 InterNet: tlallathin wintersoringsfl org First Alternate Representative Name: David O'Brien Title:_ Deputy Fire Chief Address: 102 North Moss Road -- Day Phone: 407-327-2332 Night Phone: 407-260-1984 Tetecopier: 407-327-4750 InterNet: dobrien@wintersorin4sfl orQ Second Alternate Representative Title: Tra i n i n Chief " " 102 North Moss Roa Winte Day Phone: 407-327-2332 Night Phone: 407-695-6005 Tetecopier: 407-327-4750 InterNet: bbeck@wintersorin4sfl oro PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Deparcment of Community Affairs-Division of Emergency Management 2555 Shumard Oak Boulevard -Tallahassee, Florida 32399-2100 7^ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 23, 2000 I. CALL TO ORDER The Regular Meeting of October 23, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edwazd Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Gazganese, present A moment of silence was followed by the Pledge of Allegiance. Presentations: Mr. Randall Farwell, Director Of Planning, Lynx Would Like To Update The City Commission On The Status Of The Northern Corridor Alignment Re-Study To Identify An Acceptable Potential Light Rail Alignment Segment Between Princeton Street And State Road 434. Mr. Farwell's Goal Is Inform The City Commission Of The System Requirements And Engineering Design Trade-Offs That Will Form The Basis For The Many Technical And Public Policy Decisions To Be Addressed. This was not presented, due to a personal conflict. Mr. Wayne Weinberg, Seminole Vision, Youth Commission Steering Committee Would Like To Update The City Commission On Newly Formed Seminole County Youth Commission Addressing Diverse Issues, Concerns And Needs Of Youth From Birth To Age Eighteen In The County. Mr. Weinberg's Goal Is To Share With The City Commission This Exciting Opportunity For Our Community And To Seek The City Commission's Support In The Form Of An Endorsement. Mr. Wayne Weinberg and Dr. Evans addressed the Commission. Mr. Weinberg stated, "We invite the City of Winter Springs, and we're hopeful that you'll participate in the process. We know that invitations will be extended to members of the government, and the Mayor will certainly be invited to participate in the youth CITY OF WINTER SPRINGS MINUTES C[TY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 2 OF 20 conference - it's a half-day session on December 6`h. This evening, if you'll so indulge me, and we hope that you will endorse the establishment of the Seminole County Youth Commission, that would be extremely helpful, especially when we submit grants -anyone who's backing this -who's supporting the organization and have your written endorsement." "I'D LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS EXPRESSES A POSITION OF SUPPORT FOR THE SEMINOLE COUNTY YOUTH COMMISSION." MOTION BY COMMISSIONER BLAKE. ...SECONDED BY COMMISSIONER MARTINEZ: DISCUSSION. Deputy Mayor Cindy Gennell asked about issuing a Proclamation. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka stated, "Motion passes and we'll have that endorsement for you, in the form of a Proclamation." ADD-ON Seminole County Wishes To Address The Commission Regarding The Trails Connection Referendum. The Honorable Randall Moms of the County of Seminole gave a presentation to the City Commission, followed by an excerpt from a video. Mayor Partyka thanked Commissioner Moms "For your support with the Governor and Cabinet, in terms of the work that you did with us, in terms of the grant monies and also the exchange of conservation areas; so we thank you for your work and support on that." Commissioner Morris added, "I really want to single out Commissioner (Michael S.) Blake for an outstanding job in his presentations to the Cabinet and staff; and the City staff did a very nice job!" "I'LL MAKE A MOTION THAT WE ISSUE A PROCLAMATION IN SUPPORT OF THE COUNTY TRAILS REFERENDUM." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. :~ ,m:,~. ,:. __~ CITY OF WMTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 3 OF 20 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION R~F~, Mayor Partyka stated "Commissioner, Proclamation._ Thank you." II. PUBLIC INPUT we will send you our endorsement and Mr. Harold Scott, 374 Twelve Oaks Drive, Winter Springs, Florida: spoke on the recent budget summary and proposed tax increase, and utility tax service. Tape I/Side B Mayor Partyka asked, "Was the ad an accurate ad?" Mr. Ronald W. McLemore, City Manager replied, "It was." Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: commented on realtors contributing to previous campaign financing reports; where did park lands go; and the position of Deputy Mayor. Ms. Jackie Lein, 1173 Winged Foot Circle, Winter Springs, Florida: spoke about Commissioners attending lower board meetings; and perceptions. Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: asked about his previous comments on the severance clause of the City Manager's contract, and compliance with the Charter. Mr. Michael J. Moore, 452 Dewars Court, Winter Springs, Florida: representing the Highland Lakes Homeowners Association spoke about the issue dealing with the "perc ponds." Commissioner Edward Martinez Jr. stated, "I made a. commitment to you, on that evening, and I intend to keep my commitment." Ms. Louise Conine, 74S Sybilwood Circle, Winter Springs, Florida and Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: applauded the City on previous park efforts, and discussed their displeasure with the building of batting cages in their back yard. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 4 OF 20 Mr. Bilt Manooch, 1 SI S South Greenleaf Court, Winter Springs, Florida: as President of Winter Springs Little League, thanked the Commission for their recent agreement and their support. Mr. Marc D. Arnold, 749 Sybilwood Circle, Winter Springs, Florida: discussed the placement of Field Number Three (3). Commissioner Blake suggested that "I would like to see the City Manager, and the Parks Director and perhaps Mr. Starmer get together with the Little League people and the Homeowners there on Sybilwood,-and see if we can't-come up with a realsolution." Tape 2/Side A Commissioner Blake added, "Let's see if we can't find some more creative solutions that will take care of the issues for the people that live there, and still provide the service for our youth. And, I would be willing to give you a couple of weeks, to come back to the Commission with some real solutions." Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: spoke of the benefits that the planned batting cages would provide. Ms. Audrey Sacrey, 464 MacGregor Road, .Winter Springs, Florida: reminded the Commission that their decisions affect neighborhoods and urged the Commission to not use the perc ponds, as promised at a recent Homeowners meeting. Mr. Mark Lammert, 410 MacGregor Road, Winter Springs, Florida: suggested that the perc ponds not be used for recreational purposes, but for stormwater management; and felt that similar "roundtable" discussions should be held at least once a year. Mr. Dave Fitzgerald, 460 Dewars Court, Winter Springs, Florida: spoke of his concerns; how Highland Residents were notified; and asked that adequate time be given for input. Mr. Larry Bracco, IISl Arbor Glen Circle, Winter Springs, Florida: as the President of the Arbor Glen Homeowners Association discussed reclaimed water issues; an extra meter; and his displeasure with roads being torn up. Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: spoke on the "perc pond" issue and inquired where does the Commission stand on any future development of the percolation ponds on Shepard Road; suggested that all departments be involved in future planning efforts; and inquired why Highlands residents were not notified. Ms. Kathleen Ramsey, 46S MacGregor Road, Winter Springs, Florida: stated "Yes," she supports "Everything everybody said." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 5 OF 20 Ms. Holly Heath, 501 Erica Way, Winter Springs, Florida: stated, "I agree with everything that has been said." Mr. William P. Jones, 501 Erica Way, Winter Springs, Florida: suggested these sorts of programs go where there are no "established" neighborhoods. Mr. Richard Grogan, 697 Aberdeen Lane, Winter Springs, Florida: suggested that the City purchase all five (5) proposed properties. Mr. Roger Cooper, 313 Twelve. Oaks. Drive,. Winter. Springs, Florida: suggested ways to cut down the length of Commission meetings and to have someone always available for the "A-V" equipment. He added, "I have handouts that support" the trail referendum. Mayor Partyka stated "For the record, this audio-visual situation we have is not very good, so City Manager, we need to prevent this time delay." Mr. Jim Logue, 3205 Elm street, Oviedo, Florida: addressed the issue of annexation of property east of the Battle Ridge line. Mr. Joel Weiss, 1203 Winter Springs Boulevard, Winter Springs, Florida: asked why Mr. Khemlani could read someone else's statement, when the Mayor did not permit something similar at a previous meeting. Ms. Terry Scarlata, 106 Nancy Circle, Winter Springs, Florida: discussed park issues and concurrency management. Mr. Tom O'Hanlon, City of Oviedo, Oviedo, Florida: formally objected to the annexation of the Carroll property. Tape 2/Side B Discussion. Mayor Partyka called a break at 9:02 p. m. Mayor called the meeting back to order at 9:14 p.m. • • AGENDA NOTE: THE COMMISSION AGREED TO HEAR THE FOLLOWING AGENDA ITEM AS DOCUMENTED. • • CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 6 OF 20 PUBLIC HEARINGS E. Community Development Department -Planning Division _ Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-36 That Would Annex An Approximately 10 Acre Parcel. "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ . DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE There was a brief pause, as Commissioner Robert S. Miller and Deputy Mayor Gennell returned to Commission Chambers. THE VOTE CONTINUED. COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION RRiFI), Attorney Garganese read Ordinance Number 2000-36 by "Title "only. Councilman Robert Dallari of the City of Oviedo addressed the Commission. Tape 3/Side A Mr. Thomas Grimms, Comprehensive Planning Coordinator read a letter to the Commission that was faxed from Mr. Tony Matthews, with Seminole County, earlier in the day. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: discussed what boundaries had been agreed upon. Mr, Luther Carroll, Property Owner: spoke to the Commission about his wish to be annexed into the City of Winter Springs. Commissioner Martinez asked Mr. Carroll, "Have you voluntarily requested the City of Winter Springs to annex your property, into the City of Winter Springs?" Mr. Carroll replied, "Yes." The "Public Input "portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 7 OF 20 "I'LL MAKE A MOTION THAT YOU MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY- MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD:. AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CA R1ED. Mayor Partyka advised Councilman O'Hanlon, "We're going to have a mutual traffic issue, I think in this whole area, maybe have it in .Oviedo with the Mall issue, and 426 and all the things that are around here, and maybe. the first thing we can do here is start thinking. about how can we manage this issue; maybe as having some of our staff or this is again with the concurrence of the Commission and the City Manager, maybe if perhaps we could have our joint discussions, at least, traffic issues, because I think there could be some things that could affect us - I mean people go through Oviedo, and Oviedians go through Winter Springs, I mean, we affect each other. Maybe, that's the first step - to some kind of joint discussions and maybe that may lead into something else. I mean if the Commission is willing - I think we ought to have some kind of start of discussions, then maybe we could do something like this. City Manager, is that possible?" Manager McLemore stated, "There still is an opportunity for us to sit down with Oviedo and do a Joint Planning type agreement which may be - we could stop at DeLeon Street - for voluntary annexations, in consideration of other things. There's a lot for discussion." Mayor Partyka added, "That maybe we could take some first steps to maybe pass that on." Councilman Tom O'Hanlon stated, "Mayor Partyka, I will do that. I will bring that to the Oviedo Council, and see where they want to go from there." III. CONSENT CONSENT A. Parks and Recreation Department Requesting City Commission Approval Of The Application And Criteria For A Scholarship (Financial Assistance) Program For The Summer Program And Fall, Winter, Spring And Summer Classes And Programs And Establishment Of A Scholarship Account With Initial Funding Of $800.00. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 8 OF 20 Discussion. The Commission was polled and agreed that this should only be for "residents only." Commissioner David W. McLeod also asked that it be a "Very simple- form." This was agreed to, with consensus of the Commission. CONSENT B. Fire Department Requesting Execution` Of The New Statewide Mutual Aid Agreement, Dated July 31, 2000. -Brief discussion:. CONSENT C. Fire Department , Requesting Authorization To Extend A Term Contract For Billing Services For The Emergency Medical Transport System. Discussion. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE PULL ITEM `C' FROM CONSENT, AND PLACE IT ON THE REGULAR AGENDA FOR SEPARATE CONSIDERATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: AYE MOTION CAR_RiFD. Tape 3/Side B CONSENT D. Public Works Department - Stormwater Division Requesting Authorization To Execute An Interlocal Agreement Providing Joint Funding For The Watershed Atlas Between Municipalities Within Seminole County And Seminole County. Brief discussion. C[TY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 9 OF 20 CONSENT E. Fire Department Requesting Commission Authorization To Increase The Paramedic Incentive From $3,900 Annual To $5,500 Annual. Discussion. CONSENT F. Utility Department _ _ Requesting Authorization To Enter Into A Lease Purchase Agreement For The Design/Build Of 'A SCADA Telemetry System. For The Lift Stations And . Treatment Plants. CONSENT G. Office Of The City Clerk Approval Of The Minutes Off' The September 25, 2000 Regular City Commission Meeting. Brief discussion ensued on a resident's water bill problem. Manager McLemore briefly updated the Commission, and stated, "It certainly will be on your next Agenda." CONSENT H. Office Of The City Clerk Approval Of The Minutes Of The October 3, 2000 Special City Commission Meeting. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER DISCUSSION. COMMISSIONER MARTINEZ AGREED "LESS ITEM `C."' VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION ARRIED. IV. INFORMATIONAL CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 10 OF 20 INFORMATIONAL A. Finance Department Requests The City Commission Consider Information Regarding A Revised Utility Billing Schedule. INFORMATIONAL B. Public Works Department Forwarding To The City.Commisson ASummary Of The Greenbriar Subdivision Stormwater~ System Report. Commissioner Martinez thanked Mr. Kip Lockcuff, P.E., Utility/Public Works Director for his assistance with this report. INFORMATIONAL C. Public Works Department Advising The City Commission Of The Findings Relative To The Hazard Complaint At The Wicklow Greens Detention Pond. "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MILLER SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRiFn, V. PUBLIC HEARINGS PUBLIC H~ARINCS A. City Attorney Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-28 That Would Amend Ordinance 587, Which Provides Procedures For Review And Adoption Of Comprehensive Plan Amendments. C[TY OF WINTER SPRINGS MINUTES C[TY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE l 1 OF 20 "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. - VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-28 by "Title" only. Mayor Partyka opened the "Public Input "portion of this Agenda Item. No one spoke. The "Public Input "portion of this Agenda Item was closed. "MAYOR, I'LL MAKE A MOTION TO MOVE ORDINANCE 2000-28 TO SECOND READING," MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. COMMISSIONER BLAKE STATED, "POINT OF ORDER AT THIS TIME, I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND THE MEETING - FOR ONE HOUR UNTIL MIDNIGHT." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT sR_RY. C[TY OF W[NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 12 OF 20 PUBLIC HEARINGS B. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-33 That Would Annex A 3.5 Acre Parcel. "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION A_RRiFn, Attorney Garganese read Ordinance Number 2000-33 by "Title" only. Mayor Partyka stated, "Just for the sake of clarifying this, and even though I am not required to do this by Sunshine Law, I just want to say that I am the listing broker for this particular property. I handle all the Jerry Korman properties, and he has a number of them. I've had this listing for about nine (9) months, so I represent the seller, not the buyer. Thank you very much." Commissioner Blake stated, "Thank you for that disclosure. And I did want to question - because the Ordinance suggests and calls itself "Telecorp, Inc. property, when in fact it is not owned by Telecorp, Inc. It is owned by Mr. Korman, as you stated, and I think we need to correct for that." Discussion ensued on the related advertising. Attorney Garganese suggested that "You have to amend the title to this Ordinance 2000- 33 to reflect the name of the owner of the property -Gerald Korman -and then we'll advertise that for two (2) consecutive weeks, in the newspaper properly; and let the record reflect that the title of the Ordinance has been changed to indicate the Gerald Korman property." Commissioner Blake asked, "Do we need to re-read the title with the amended name, at this point?" Attorney Garganese stated, "We could." COMMISSIONER BLAKE STATED, "MAYOR, I'D LIKE TO MAKE A MOTION TO RE-READ THE TITLE AS CORRECTED, OF 2000-33." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 13 OF 20 COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE M2TInN r e u~nuED. "MR MAYOR, POINT OF ORDER I'D LIKE TO MAKE A MOTION IN THE MIDST OF THE LAST MOTION, TO EXTEND THE MEETING FOR ONE (1) HOUR" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ WHO .STATED, "I'LL SECOND THAT, AND CONSI ERAI ON FORGBUI NESS pE THE PAST WE HAVE EXTENDED HERE ALL NIGHT LONG, WAITING TO BE CALLED THESE FOLKS HAVE BEEN SITTING HERE SINCE SIX-THIRTY (6:30) TONIGHT." DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION DID Nn'r rye RV, "MR MAYOR, I'LL MOVE TO CONTINUE THE MEETING UNTIL THIS ITEM IS VOTED ON." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION DID N(~T~Y, "I'D LIKE TO MAKE A MOTION THAT WE CONTINUE THIS MEETING TO COVER THE FOLLOWING ITEMS `B,' 'C,' HEARINGS." MOTION BY COMMISSIONER McL EOD. O SE ONDED LBY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 14 OF 20 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION RRiFn, Attorney Garganese re-read the corrected title of the Gerald Korman property by "Title" only. Mr. Bill Starmer of Starmer, Ranaldi Planning and Architecture briefly addressed the Commission. Deputy Mayor Gennell asked if "The written survey in the City Charter," is normally adjusted. Brief discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MAYOR, I MAKE A MOTION TO MOVE ORDINANCE NUMBER 2000-33 AS AMENDED TO SECOND READING WITH APPROPRIATE ADVERTISING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED, PUBLIC HEARINGS C. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-34 To Designate The Telecorp, Inc. Property (3.5 Acres) On The City's Future Land Use Map "GreeneWay Interchange" District. "MOTION TO READ 2000-34 BY TITLE ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 15 OF 20 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION A_RRiED. Attorney Garganese stated, "That there are several technical amendments I would like to recommend to the Commission. In the `NOW THEREFORE clause,' it should read `NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS AS FOLLOWS,' that's on page four (4) of the Ordinance. In Section II, also on page four (4), the last line of that section says - `Begins 417 aka' - you need to insert the word `To' and it's `To the Greeneway.' In Section III of that same page, you need to add the two words, `The conflict' at the end of that section. Discussion. With further discussion by the Commission and Attorney Garganese, it was decided that "In Section II it should read, `To the City Designation Greeneway Interchange District' -that needs to be added to the end." Mayor Partyka opened the "Public Input "portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE TO SECOND READING -MOTION TO MOVE ITEM `C' TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER MARTINEZ ADDED, "AS AMENDED." DEPUTY MAYOR GENNELL AGREED WITH THE AMENDMENT. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION ARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 16 OF 20 PUBLIC HEARINGS D. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-35.To Designate The Telecorp, Inc. Property (3.5 Acres) On The City's Zoning Map GID "Greeneway Interchange District". Mayor Pariyka commented on this as the Gerald Korman property. "MOVE TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE:. COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION ARRTFI), Attorney Garganese stated, "On page three (3), in the `NOW THEREFORE' clause, it needs to read that `NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS.' On page four (4), Section II, it needs to read something like this, `It is hereby declared to be the purpose and intent of this Ordinance to change the Zoning classification of the 3.5 acre portion of the - Gerald Korman property, on the southeast corner of State Road 434 and State Road 417, aka the Greeneway, as shown in Exhibit `A' of this Ordinance to the City Greeneway Interchange Zoning District classification. "' "Section V on that same page - `Effective Date' should read -the `Effective Date of this Ordinance shall take effect upon the Effective Date of Ordinance Number 2000-34' (which is the Comprehensive Plan Future Land-Use Map Ordinance which you have previously approved on First Reading. So once that Ordinance becomes effective, then you can Overlay this Zoning District on top of it - it cannot become effective before that time)." Attorney Garganese re-read the corrected title of this Ordinance by "Title" only. Deputy Mayor Gennell added, "Mr. Garganese, the first one in the `WHEREAS' has Telecorp in it." Attorney Garganese clarified, "That should be the Gerald Korman property." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input "portion of this Agenda Item was closed. CITY OF W[NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 23, 2000 PAGE 17 OF 20 "MOVE TO SECOND READING PLEASE." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION A iED. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE CONTINUE THIS MEETING UNTIL 6:30. TOMORROW EVENING, TUESDAY THE 24Tx OF OCTOBER" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: NAY MOTION CA RIED. DEPUTY MAYOR GENNELL STATED, "CAN I MOVE THAT WE - CONTINUE THIS MEETING, NEXT MONDAY AT 6:30 P.M." MOTION BY DEPUTY MAYOR GENNELL. Discussion ensued on the previous Motion. "MAYOR, .I MAKE A MOTION TO RESCIND THE PREVIOUS ACTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CAILRl + D. Mayor Partyka clarified, "There is no Meeting now tomorrow." CITY OF ~yINTER SPRINGS MINUTES REGULAR MEETINGCIOCTO ER 23, 2000 "I WOULD LIKE Tp MOVE THAT WE PAGE 18 OF 20 NIGHT, AT SIX-THIRTY 6:30 ." CONTINUE IT TO NEXT MONDAY SECONDED. ~ ~ MOTION BY DEPUTY MAYOR GENNELL.- VOTE: DEP~U ySSIMAONER MILLER: AYE COMIVIISSIONER MELEOD.LAAYE COMMISSIONER ~ COMMISSIONER B~RKEINAZI,'ENAY MOTION ARRrF~>n Mayor Partyka stated, "A Meeting is scheduled for next Mo continuation. It will start at six-thirty (6:30 p.m.)" nday night -this is a COMMISSIONEROTION WE ADJOURN THIS DISCUSSION. McLEOD. SECONDED By VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION A R-IED. The Meeting ended at 11:20 p.m. EVENING." MOTION By COMMISSIONER 'BLAKE. '~'•~• AGENDA NOTE: THE FOLLOWING ITEMS W DURING THE REGULAR MEETING OF OCTOBER 23 2 ~ NOT DISCUSSED 000. • •;• VI. REPpRTS REPORTS A• City Attorney - Anthon y A. Garganese, Esquire REPORTS B• City Manager -Ronald W. McLemore REPORTS C• City Clerk -Andrea Lorenzo-Luaces ,~ C[TY OF WINTER SPRINGS MINUTES REGULAR MEETIN(',CITY COMMISSION REPORTS OCTOBER 23, 2000 D• Commission Seat III - PAGE i 9 of 20 Edward Martinez, Jr. REPORTS E• Commission Seat IV -Cindy Gennell REPORTS F• Commission Seat V - David W McLeod REPORTS G• Commission Seat I _ Robert S: Miller REPORTS H• Commission Seat II -Michael S. BI ake REPORTS I• Oftice of the Ma or- Y Paul P. Partyka VII. REGULAR REGULAR A• Commissioner Cindy Gennell Requesting The Com Becomin mission To Discuss Issue g Involved In Real Estate Transactions WithineT eo cy t3' Elected Officials REGULAR Clty B• Fire Department Requesting Authorization For Allow The Fire De a The City Manager To Ne Room To P rtment To Provide Medical Transports Fr mn ngE ement To A Hospital Affiliated With The Charge Beyond The Initial Transport. Emergenc mergency y Room At No Additional REGULAR C• Cih' Manager Requesting That The Ci Endorsin h' Commission Of The Ci g The Recent Nomination ~' Of Winter Sprin s Honorable Tom O'Hanlon• Of City Of Oviedo g Consider Eckstein Of The Ci ~ .And The Re-Nomination Of T.beuncil Member, The (SCEA). ~' Of Sanford, To The Seminole Coun Honorable W hitey t3' Expressway Authority REGULAR D• Community Development De Presents To The Commission FarrT6ent -Land Develo The Im Action The Pment Division provements For Golfside Villas And Recommendation To Covenants For This Project, With The Stipulatio Accept The Stormwater Conve TO ``approve The Recordation yance Pipe From Island Lake To t A Performance BonOd For The Winter Springs Golf Course Be Provided, Lake Audubon Located On CITY OF WINTER SPRINGS MINUTES REGULAR MEETINGCIOCT BER 2352000 T _ PAGE 20 OF 20 L ON REGULAR E• Mayor Paul P. Partyka Requesting Two Items To Be Placed On The Agenda For Discussion. '~' •~• AGENDA NOTE: THE FOLLOWING ITEM WAS ORIGINALLY CONSENT AGENDA ITEM «C,» COMMISSION, IT WAS MOVED TO THE REGULAR AGENDASUS~. OF THE Fire Department Requesting Authorization To Extend A Term Contract For Billing Services F Emergency Medical Transport System. or The VIII. ADJOURNMENT Respectfully submitted: APPROVED: PAUL P. PARTYKA MA Andrea Lorenzo--Luaces City Clerk NOTE: These minutes were approved at the November 13, 2000 City Commission Meeting. .~ ~AC(~RD~, INSURANCE BINDER. DATE 11/27/2000 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER PHONE A/C No Ext : 0407) 331-4400 COMPANY BINDER ~ FAX (407)331-4800 Coregis Insurance Company 600112702568 Risk Management Associates EFFEC vE EXPIRATI N P • 0. BOX 161507 DATE TIME DATE TIME Altamonte Springs, FL 32716 11/30/2000 12:01 X AM 12/30/2000 X Iz:o,AM PM NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: PER EXPIRING POLICY is CUSTOMER ID00001106 DESCRIPTION OF OPERATIONS/VEHICLE3/PROPERTY (Including Locatlon) INSURED City of Winter Springs 1126 East SR 434 per schedules on file with insurance company Winter Springs, FL 32708 COVERAGES TYPE OF INSURANCE COVERAGE/FORMS LIMITS PROPERTY CAUSES OF LOSS DEDUCTIBLE COINS % AMOUNT BASIC ~ BROnO ^X SPEC Blanket Buildings & Contents - RC Equipment Breakdown 1,00 14,775,997 1,00 14,775,997 GENERAL LIABILITY X COMMERCULL GENERAL LL481LnY EACH OCCURRENCE S 2 ~ DQD i 000 CLAIMS MADE ~X OCCUR Includes Law Enforcement & EBL FIRE DAMAGE (Anyone Ere) S 5D, 000 MED EXP (Any one person) S 5 ,DUD X S25,000 Deductible PERSONAL 6 ADV INJURY s Included GENERAL AGGREGATE S 5 , OOO, OOO AUTOMOBILE LIABILITY RETRO GATE FOR CLAIMS MADE: PRODUCTS -COMP/OP AGG S Included X ANY AUTO COMBINED SINGLE LIMIT S 2 , 000, 000 ALL OWNED AUTOS Hired & Non-Owned Ph SCl al Dama a y g BODILY INJURY (Per person) S SCHEDULED AUTOS BODILY INJURY (Per acddenq S X HIRED AUTOS PROPERTY DAMAGE S X NON-0WNEO AUTOS MEDICAL PAYMENTS S PERSONAL INJURY PROT a STAMORY X 325,000 Deductible UNINSURED MOTORIST 5 3D, 000 AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES X SCHEDULED VEHICLES S X COLLISION: 50D ACTUAL CASH VALUE X OTHER THAN COL: SOO STATED AMOUNT S GARAGE LIABILITY OTHER ANY AUTO AUTO ONLY • EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT S EXCESS LIABILITY AGGREGATE S UMBRELLA FORM EACH OCCURRENCE S OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: AGGREGATE S SELF-INSURED RETENTION S WORKER'S COMPENSATION WC STATUTORYIIMRS AND EMPLOYER'S LIABILITY E.L. EACH ACCIDENT S E.L. DISEASE • EA EMPLOYEE S SPECIAL ~ Contractor Mobile Equip S538,421; EDP SS53 333 W/S1 D TIONS/ 000 D d E.L. DISEASE • POLICY LIMIT S R OOH Crime COVERAGES Employee , , e Dishonesty S50,000; Theft S10,000 in/out FEES S with S500 Ded TAXES s NAME 8 ADDRESS ESTIMATED 70TAL PREMIUM S MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN rt AUTHORIZED REPRESENTATIVE ACORD (1/98) NOTE: IMPORTANT STATE ON REVERSE S ~~~ TION 1 '~ ORD,~ INSURANCE BINDER 11/zi%2ooo ': THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER PH NE (407)331-4400 COMPANY BINDER# A!C No Ext FAX (407)331-4800 National Union Fire Ins. Co. 800112702569 Risk Management Associates GATE E TIVE TIME DATE PIRATI N TIME ' P. 0. BOX 161507 X AM X 12:01 AM Altamonte Springs, FL 32716 11/30/2000 12:01 PM 12/30/2000 NOON CODE: I SUB CODE: A EN Y ( CUSTOMER ID00001106 INSURED City of Winter Springs 1126 East SR 434 Winter Springs FL 32708 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #: DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY (Including Location) per schedules on file with insurance company COVERAGES LIMITS TYPE OF INSURANCE COVERAGElFORMS DEDUCTIBLE COINS 7G AMOUNT PROPERTY CAUSES OF LOSS BASIC ~ BROAD ~ SPEC GENERAL UABILJTY EACH OCCURRENCE S ~ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S ~ CLAIMS MADE ~ OCCUR MED EXP (Any one person) S PERSONAL b ADV INJURY S GENERAL AGGREGATE S RETRO DATE FOR CLAIMS MADE: PRODUCTS • COMP/OP AGG S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE S HIRED AUTOS MEDICAL PAYMENTS S NON-0WNED AUTOS PERSONAL INJURY PROT S UNINSURED MOTORIST S S AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT S OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF•INSURED RETENTION S WC STATUTORY LIMITS WORKER'S COMPENSATION E.L. EACH ACCIDENT S AND EMPLOYER'S LIABILITY E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE • POLICY LIMIT S SPECIAL FEES S OTHER ONS/ Public Officials Liability 51,000,000 limit/aggr w/S100,000 Ded TAXES s COVERAGES ESTIMATED TOTAL PREMIUM S NAME 8 ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN # AUTHORIZED REPRESENTATIVE ~~~7 TION ON REVERSE SIDE ©ACORD CORPORATION 1993