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HomeMy WebLinkAbout_2006 05 15 City Commission Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 15,2006 CALL TO ORDER The Special Meeting of Monday, May 15, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:34 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, arrived at 6:42 p.m. Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, arrived at 6:35 p.m. City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. City Manager Ronald W McLemore arrived at 6:35 p.m. REGULAR AGENDA REGULAR 300. Office Of The Mayor Discussion Of Joint City/County Advisory Committee Actions. Mr. Stephen Glazier, 1610 Wrentham Court, Winter Springs, Florida: as the City of Winter Springs' representative on the Joint City/County Advisory Committee, Mr. Glazier addressed the City Commission on the Joint City/County Advisory Committee, and EMS (Emergency Medical Services) services. Deputy Mayor Michael S. Blake arrived at 6:42 p.m. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15, 2006 PAGE 2 OF 10 Fire Chief Timothy J. Lallathin addressed the City Commission and spoke on the merits of our Fire Department and joint efforts with other area Departments. Mayor Bush said, "So, Tim [Lallathin], your recommendation would be 'Leave well enough alone' then?" Chief Lallathin stated, "Well, that would be my recommendation, but obviously - you've got to look at everything. What I do say is, at this point in time, I think for the citizens of Winter Springs, I think that we are giving you the best service that we can give you, for the amount of dollars that are provided and we can do it at less cost than Seminole County can do it, if we were combined with them." Further discussion. Next, Mayor Bush said, "I do, and I am sure the other Commissioners too, we have a great deal of confidence in what you say. We know you have been at it a long time and we know you think a lot of your job here at Winter Springs and we think the same of you. " With discussion, Chief Lallathin stated, "When we looked at the consolidation issue with Seminole County, we took the MSTU (Municipal Taxing Service Units) rate, the taxable value of the City of Winter Springs and applied that to see how much is that figure. Are we doing it for less than that in my proposed Budget? Yes." Deputy Mayor Blake said to Chief Lallathin, "So, in other words this isn't just you up here with some emotional plea that 'You know we would really like to have Winter Springs on the side of the truck and we are going to tell you that we can do it better, and faster, and cheaper. There is some work that went on behind that that says 'And, here's how we do it better, and faster, and cheaper..." Chief Lallathin stated, "...That's correct. " Furthermore, Deputy Mayor Blake added, "I just want to make sure that was out there on the Record because sometimes, some folks will say, 'Well, you know, sure he is trying to protect his job or he is trying to protect his Lieutenants' - you get the idea. I want to make sure that - we are not just coming at this because we want to have a Fire Department in Winter Springs. Ultimately, this Commission could make that decision - to go through the math; to go through the service levels, go through all those other issues that would normally be associated with either a Contract arrangement or going through a Consolidation Agreement like what Altamonte [Springs] did. And, it may even show that it might be cheaper for the same or - whatever the numbers might show and this Commission could still make the decision to do something different. But the main thing is to make sure that we understand that your comments are not based on some desire, it is based on actually looking at this on an analytical basis." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15, 2006 PAGE 3 OF 10 Mayor Bush said, "Tim [Lallathin], you made the comment - you had done some analysis of MSTU (Municipal Taxing Service Units) costs for our City. Could you provide that- for the Commission?" Chief Lallathin stated, "That was done back at the time when we made the presentation to the Commission in regards to consolidation." Mayor Bush added, "Would it be difficult to bring that up-to-date?" Chief Lallathin stated, "No." Discussion. Commissioner Sally McGinnis said, "I just want to take advantage of this conversation to bring into play something that is important to me. Because I think it plays into also retention and recruitment and that is 'Affordable Housing'. Because I know it has been a factor - within your Department. And, it is going to become increasingly important." With further discussion, Commissioner Donald A. Gilmore said, "Talking to the residents of the City, the residents of the City are very happy with the quality of Fire Protection and the EMS (Emergency Medical Services) response that we have. And, I have seen no interest on their behalf to change it." Mayor Bush said, "I guess what I am asking is for direction for Mr. Gilmore and I, to represent our City on this Committee and the way I would read the presentation and from the comments that you do not support consolidation of our Fire Department with Seminole County, but we encourage continued cooperation of other Fire Chiefs as they have already done." Commissioner McGinnis said, "Yes. Absolutely." Deputy Mayor Blake said, "I think I would take the recommendation down more to a service and cost statement that thus far, at this point in time, the evidence that has been provided to us suggests that the most efficient and effective solution for the provision of Fire Safety services to the citizens of Winter Springs is to retain our Department as is. But, to continue to explore in areas where it may deem to be in the best interest for the citizens of Winter Springs - additional opportunities as they come along from time to time." Deputy Mayor Blake added, "The point is that the Chief told us that we can have a shorter response time and the Chief told us that we are doing it with all the menu of services they provide, or are required to provide a high level of public safety services for our citizens and that we are doing it for a cost to our citizens that is less than it might otherwise be if they were paying on the MSTU (Municipal Taxing Service Units) rate. Based on those facts we can make a finding that it is within the best of the citizens to continue to be served by Winter Springs City Fire Department. In the future, should that change, the recommendation could change as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15, 2006 PAGE 4 OF 10 Commissioner Robert S. Miller remarked, "For the time being, I am kind of satisfied with where we are right now." Tape I/Side B Further discussion ensued with Mr. Kip Lockcuff, P.E., Public WorkslUtility Department and Mr. Brian Fields, P.E., City Engineer, Public Works Department. Mayor Bush said, "It would be good for at least for me, that we have the kind of data that you talked about a little bit here. I think the one report that you put out on consumption was very helpful. I think I would send it out again to the Commissioners because - it shows that we - are using less water now than we did in 1997 and I think that is amazing when you think our population has increased." Commissioner McGinnis said, "I think that that should go out to the public too, again." Mayor Bush stated, "Yes, it should." With additional discussion on this subject, Mayor Bush stated, "I think the only thing that the Commission might want to take a look at in this regard is to accelerate the plans for getting reclaimed water throughout the City." Commissioner McGinnis added, "Yes." Mayor Bush said to Mr. Lockcuff, "We do have a plan - how far does it go out?" Mr. Lockcuff stated, "It's about ten (10) years." Mayor Bush suggested, "If that could be expedited to move it to a shorter length of time." Mr. Fields explained, "As to the other cities, that having a dedicated funding source for Stormwater is appropriate. The County does not do that. By having the Stormwater Utility, it - requires that that funding - be spent on Stormwater related activities, and the County doesn't have that obligation." Mayor Bush said, "I would be interested in knowing what the rates are at these other cities - we get asked that a lot of times." Mr. Fields said, "We can provide an update on those rates." Mayor Bush added, "I think that the Commission would want to see that. Well, as this progresses - from time to time I would like for you to - update at least, the whole Commission, but especially Mr. Blake and myself, because - this is going to be coming up." Furthermore, Mr. Fields said, "Might I suggest that we just do a Regular Informational Item, like we do on some of the other community. . ." Mayor Bush said, "... You need to talk to me. You can do that too, but I would rather you just call me or send me an email." Mayor Bush added, "And, just copy all of the Commissioners." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15,2006 PAGE 5 OF 10 With discussion, Mr. Fields stated, "Just a heads up - we have a fairly extensive Informational item coming up on the TMDL (Total Maximum Daily Load) for - May 22nd (2006). It's something that if anybody wants to schedule a meeting to discuss it - outside of the Commission, be glad to. It's somewhat technical and a lot of information there, but I think it's a good update and shows where we are at in the TMDL (Total Maximum Daily Load) process." Mayor Bush opened the "Public Input" portion of this meeting. No one spoke. Mayor Bush closed the "Public Input" portion of this meeting. REGULAR 301. Office Of The City Manager Requesting The Commission To Apply Existing Reclaimed Water Rates To The Winter Springs Golf Course. Manager McLemore spoke on this Agenda Item. Discussion. DEPUTY MAYOR BLAKE STATED, "YEAR ONE (1), THE CURRENT YEAR WOULD BE CURRENT RATES. THAT IS ESTIMATED TO BE ABOUT FOURTEEN THOUSAND, EIGHT HUNDRED DOLLARS PER YEAR ($14,800.00)." THEN, DEPUTY MAYOR BLAKE ADDED, "YEAR TWO (2), WOULD BE THE CURRENT RATES, PLUS - UP TO A TWENTY-FIVE PERCENT (25%) INCREASE ON CURRENT RATES AND WOULD BE CAPPED AT THAT. IF THE RATE ADJUSTMENT IS LOWER THAN THAT, THEY WOULD PAY LOWER THAN THAT. YEAR THREE (3), WOULD BE CAPPED AT AN ADDITIONAL TWENTY-FIVE PERCENT (25%) INCREASE. AGAIN, IF THE ACTUAL INCREASE IS LOWER THAN THAT, THEN THEY WOULD PAY THAT. YEAR FOUR (4), IS PURE MARKET RATE. WHATEVER WE ARE CHARGING CUSTOMERS OF THAT SORT, THAT IS WHAT THEY PAY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15, 2006 PAGE 6 OF 10 DEPUTY MAYOR BLAKE CONTINUED, "YEAR - FOUR (4) AND ONWARD WOULD BE MARKET RATES. YEAR FIVE (5), WOULD INCLUDE A TRU-UP CHARGE IF ONE EXISTED FOR ANY DISCOUNTS THAT WERE GRANTED IN YEAR TWO (2) AND YEAR THREE (3); WHICH WOULD MEAN THAT IF IN YEAR TWO (2) THERE WAS ACTUALLY A THIRTY PERCENT (30%) INCREASE ON THE RATES, THEY WERE ONLY CHARGED TWENTY-FIVE (25) AT FIVE PERCENT (5%) THAT IT WAS DEFERRED, THEY WOULD HAVE TO PAY THAT IN YEAR FIVE (5). IN YEAR THREE (3), IF RATES WERE TO INCREASE ACCORDING TO THE MODEL THAT WAS PUT INTO PLACE BY THIS COMMISSION, SAY FORTY PERCENT (40%), THEY WOULD ONLY PAY TWENTY-FIVE PERCENT (25%). THAT ADDITIONAL FIFTEEN PERCENT (15%) THAT WAS DEFERRED, WOULD BE PAYABLE AND DUE IN YEAR FIVE (5), AS WELL - IT GIVES THEM A DISCOUNT UP FRONT. THEY END UP PAYING IT IN THE END. BUT, THEY HAVE TIME TO KNOW WHAT THEY ARE GOING TO BE PAYING IN THE END; SO, IT GIVES THEM THE BENEFIT OF GETTING GOING AGAIN AND ALSO EVENTUALLY RECOLLECTS THE MONEY SO THAT IT DOESN'T BEAR A BURDEN ON THE TAX PAYERS." DEPUTY MAYOR BLAKE ADDED, "YEAR FOUR (4) ON IS MARKET RATE. THE ONLY KICKER IS YEAR FIVE (5) THEY PAY TRU-UP." "I WILL MAKE THAT A MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE MAYOR BUSH: AYE MOTION CARRIED. REGULAR 302. Office Of The City Manager Requesting The Commission To Approve A Reclaimed Water Services Agreement With The Winter Springs Golf Course, And Authorize The City Manager To Execute The Agreement On Behalf Of The City. Manager McLemore spoke on this Agenda Item and stated, "'302' is basically to give the Manager directive to implement your Policy, to develop - the Ordinance." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15, 2006 PAGE 7 OF 10 Furthermore, Manager McLemore added, "I advised the Bank Attorney today that the City Attorney would take whatever you did tonight, re-draft the Agreement and get it in our hands as quickly as possible." Tape 2/Side A "I WOULD LIKE TO MAKE A MOTION THAT WE AUTHORIZE THE CITY MANAGER AND THE CITY ATTORNEY TO DRAFT AN AGREEMENT SUCH AS PRESENTED TO US, MODIFIED TO REFLECT THE PREVIOUS ACTION IN ITEM '301' AND TO PRESENT IT TO BANC OF AMERICA STRATEGIC SOLUTIONS, [INC.] LIMITED FOR EXECUTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. "MOTION TO TABLE THE MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Peter Latham, Gronek and Latham LLP, 390 North Orange Avenue, Suite 600, Orlando, Florida: representing Banc of America, Mr. Latham addressed the City Commission. Deputy Mayor Blake said to, "Ron [McLemore], where does the 90,000 gallons a day come from?" Manager McLemore said, "I'm going to have Kip [Lockcuft] answer that. I think he's covered it once, but let's get it into the Record again." Mr. Lockcuff said, "Just for year to date [20]'06, 118,000 per day average; [20]'05, 65,000; [20]'04, 95,000; [20]'03, 63,000; [20]'02, 104,000." Deputy Mayor Blake asked, "On that sheet, do you have any kind of rainfall data as well, that would suggest drought conditions versus moist conditions?" Mr. Lockcuff said, "We have that on the potable water sheet." Mr. Lockcuff added, "Definitely get back with you." Then, Deputy Mayor Blake said, "Sounds to me like the 90,000 gallons that's being used in this analysis is probably a little higher than what you just listed off there. I think I only heard one (1) year that was higher." Mr. Lockcuff said, "I would agree. That's trying to be conservative cost-wise." Deputy Mayor Blake added, "I agree with that. I would want to be." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15, 2006 PAGE 8 OF 10 Deputy Mayor Blake said, "So, data does exist; and, it's fairly easy to see; and I don't expect that you would have to understand all of that this evening. But, you could certainly receive all that data from our Staff and take it back to your client and give them, whether they need a day, or three (3) weeks, or a month, or whatever - to read and understand it. They can call us and ask questions if they had any." Discussion. Mayor Bush said, "The current contract expired May 2005?" Manager McLemore stated, "That's correct. According to the data we have..." Mayor Bush stated, "... They've continued to get it free..." Manager McLemore stated, "...I was going to put that on Record..." Mayor Bush stated, "The Motion that was passed, if in fact we find out that - the rate is too high, would that Motion then adjust this as well?" Deputy Mayor Blake said, "The Motion encompasses the formula in AL TERNA TIVE 2., two hundred eighty-four dollars ($284.00) monthly base fee; 25 cents per thousand up to 1.6; 50 cents per thousand over 1.6 million gallons per month. Then there was a calculation based on a 90,000 gallon usage average per day, but that equals fourteen thousand eight hundred dollars ($14,800.00) dollars." Deputy Mayor Blake said, "Ron [McLemore], is our Staff available to help them understand the numbers." Manager McLemore said, "Sure. Absolutely." Further discussion. Manager McLemore spoke for Record as to when Mr. Lockcuff "First made the Golf Courses aware that the current situation no longer would be acceptable and that we would be going to a rate charge for water?" Mr. Lockcuff noted, "We notified them April 2005 that we would not be renewing the Agreement." With discussion, Manager McLemore said, "The second thing I need to get on the Record was what you'd already done and that was - based on what Staff was recommending we would not go back and back charge you for that rate back to the beginning period of this Agreement. The next thing I want to get on the Record is the letter of Mr. Robert Benson, Vice President of - Banc of America Strategic Solutions, [Inc.] May 4, 2006, last paragraph - May 4, 2006, last paragraph of this letter." Manager McLemore read a paragraph into the Record. Discussion. Mayor Bush said, "How much time does your client need to decide? One (1) week, two (2) weeks?" Mr. Latham responded, "Yes, a week to two (2) weeks." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15, 2006 PAGE 9 OF 10 "I MAKE A MOTION TO REMOVE THE PREVIOUS ITEM FROM THE TABLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT COMMENCING ON JUNE 1ST, 2006, THAT THE CITY OF WINTER SPIRINGS INITIATE CHARGING FOR REUSED WATER ON THE GOLF COURSE AT THE STANDARD RATES. THIS MOTION WOULD BE PRE-EMPTED BY THE EXECUTION OF THE AGREEMENT THAT WAS PASSED IN THE PREVIOUS MOTION." MOTION BY DEPUTY MAYOR BLAKE. DEPUTY MAYOR BLAKE FURTHER EXPLAINED HIS MOTION - "IF THEY DON'T GET THE AGREEMENT DONE BY JUNE 1ST, [2006], THEN WE COMMENCE CHARGING THEM THE STANDARD RATES, WHICH REALLY IS THE SAME RATE THAT THEY ARE GOING TO PAY ANYWAY, THE FIRST YEAR, COMMENCING JUNE 1ST, [2006]. MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. In other City business, Mayor Bush stated, "I just wanted to inform the Commission that we are working on kind of an explanation of - why the City is still involved in the lawsuit with the County over the Home Rule issue." Mayor Bush added, "I just wanted to let you know we are in the process of trying to write something up on that and then the Commission can decide whether we want to inform our citizens." Commissioner McGinnis asked, "Is this going to be in the form of a letter?" Mayor Bush said, "However the Commission wishes." Commissioner McGinnis stated, "Good. I would say move full speed." ADJOURNMENT Mayor Bush adjourned the Special Meeting at 8:40 p.m. RESPECTFULLY SUBMITTED: DEBBL FRANKLIN, DEPUTY CITY CLERK AND APPROYBD: ;?~ NOTE: These Minutes were approved at the May 22, 2006 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 15,2006 PAGE IO OF 10