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Home My WebLink About_2008 04 30 City Commission Emergency Special MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING APRIL 30, 2008 CALL TO ORDER The Emergency Special Meeting of Wednesday, April 30, 2008 was called to Order by Mayor John F. Bush at 10:00 a.m. in the of the Municipal Building (City Hall, 1126 East State Road 434, 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present of the City Commission Commission Chambers Winter Springs, Florida City Manager Ronald W. McLemore, absent Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department, arrived at 10:01 a.m. City Attorney Anthony A. Garganese, arrived at 10:04 a.m. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department arrived at 10:01 a. m. Mayor Bush apologized to Mr. Paul Partyka for comments made previously. Discussion. City Attorney Anthony A. Garganese arrived at 10: 04 a. m. REGULAR AGENDA REGULAR 600. Office Of The City Manager Reconsideration Of The Approval Of A Partnership For A Latin Jazz Series With A "Live After Five" Event And A Latin Jazz Fest. Attorney Garganese spoke of a Letter of Intent and stated that WLOQ, "As a measure of good faith is willing to give the City -five thousand dollars ($5,000.00) in free commercial advertisements to be used - on totally unrelated to this Event at any time to promote any other City activity. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING -APRIL 30, 2008 PAGE 2 OF 6 Five thousand dollars ($5,000.00) worth of air time according to them amounts to fifty (50) sixty (60) second commercials over the airwaves which can be broken down into thirty (30) second increments if the Commission desires -that has some benefit to the City. The City could use that to showcase other events that the City may be sponsoring; and in addition you may want to give some thought to using that for economic development purposes -you have a business incubator within the City - it would be appropriate to use it to help in that regard or to help with any other economic development activities that you have." Discussion followed and Attorney Garganese read portions of the "Letter of Intent". "I WOULD LIKE TO MAKE A MOTION TO RECONSIDER." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH NOTED, "TO RECONSIDER THIS AGENDA ITEM - `600', I BELIEVE." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: ABSTAINED MOTION CARRIED. Commissioner Joanne M. Krebs commented on some research done for her by the Office of the City Clerk and that a copy of that was just distributed to the Mayor and Commission during this Meeting. Further discussion. Commissioner Robert S. Miller suggested that legislation be completed to memorialize a Policy related to Fees associated with the Parks and Recreation Department. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING -APRIL 30, 2008 PAGE 3 OF 6 "I WOULD JUST LIKE TO MAKE A MOTION THAT WE RECONSIDER AND APPROVE GOING FORWARD WITH A PARTNERSHIP BETWEEN WINTER SPRINGS AND WLOQ OMITTING THE THREE THOUSAND DOLLARS ($3,000.00) -AND ACCEPTING THEIR OFFER ON THE ADVERTISEMENTS." MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. MAYOR BUSH SUGGESTED TO "HAVE THAT AMENDED TO INCLUDE THAT THE CHAMBER WOULD ASSIST US IN THEIR ADVERTISING, WRITING THE SCRIPTS." "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH REITERATED THE AMENDMENT THAT, "THE CHAMBER WILL ASSIST THE CITY STAFF IN THE WRITING OF THE ADERTSEMENTS AT NO COST TO THE CITY." VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: ABSTAINED MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: ABSTAINED COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese pointed out next that, "They also agree that -they're willing to sign our typical Special Events Agreement, the ones that we've used for July 4th events, for Scottish Games -they have all the Indemnity and Hold Harmless. We'll incorporate the provisions of this `Letter of Intent' as well as the advertisement commitment that they've made. We're going to put it in a formal Agreement. Is it all right for the City Manager to execute that?" Mayor Bush stated, "Once you have looked at it Anthony (Garganese), yes." Attorney Garganese then said, "Okay, so, the Manager is authorized to sign that?" Commissioner Sally McGinnis stated, "Yes." Deputy Mayor Donald A. Gilmore nodded in agreement. No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING -APRIL 30, 2008 PAGE 4 OF 6 In related business, Commissioner Krebs suggested that the Fee schedule for all Park rentals be brought back to the City Commission and that it include parking and partnering. Next, Commissioner Krebs said, "I don't know how we get an apology letter to WLOQ, but I would like to let them know that I am sorry." Mayor Bush added, "I will be glad to write the letter." Mayor Bush then said to Mr. Lockcuff, "You can help me write it." "I DO MAKE A MOTION TO BRING BACK THE INFORMATION REGARDING THE FEE SCHEDULE FOR RENTAL OF THE WHOLE PARK. AND CHUCK (PULA, DIRECTOR, PARKS AND RECREATION DEPARTMENT), I WOULD THINK THAT YOU WOULD WANT TO CONSIDER AS WELL, THAT THE RENTALS, ESPECIALLY IF IT IS A TWO (2) DAY EVENT - OF THE POSSIBLE REVENUE THAT WE WOULD BE LOSING FROM THE PAVILLIONS AND THINGS LIKE THAT, WOULD HAVE TO BE A CONSIDERATION - IF FIELDS ARE UNABLE TO BE USED BY TEAMS, THAT WOULD ALSO BE A CONSIDERATION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN DISCUSSION. MAYOR BUSH SAID, "MOTION IS -ACTUALLY FOR CHUCK (PULA), TO BRING BACK A COMPREHENSIVE FEE SCHEDULE FOR THE USE OF THE PARKS, TAKING CONSIDERATION OF ALL OF THE EVENTS THAT WOULD NOT BE ABLE TO BE HELD THERE, BECAUSE IT IS BEING PRIVATELY - SO FORTH AND SO ON." ATTORNEY GARGANESE SUGGESTED, "YOU REALLY NEED TO HAVE A FORMAL POLICY THAT IS ESTABLISHED BY ORDINANCE AND THEN YOUR FEES OF COURSE -WOULD GO ALONG WITH THAT." FURTHER DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION, THAT PRIOR TO ESTABLISHING RATES FOR THE USE OF THE PARKS THAT WE ESTABLISH A POLICY FOR THE USE OF -PARK FACILITIES, AND THEN ESTABLISH THE RATES FOR THOSE USES." MOTION BY DEPUTY MAYOR GILMORE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. MAYOR BUSH MENTIONED, "UNDER DISCUSSION, MR. BROWN BROUGHT UP THE POSSIBILITY OF A WORKSHOP ON THIS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING -APRIL 30, 2008 PAGE 5 OF 6 FURTHERMORE, MAYOR BUSH ASKED COMMISSIONER BROWN, "IS THIS SOMETHING YOU THINK WE SHOULD DO BEFORE CHUCK (PULA), DOES HIS THING OR AFTER?" COMMISSIONER BROWN NOTED, "I THINK FOR CHUCK'S (PULA) BENEFIT, WE PROBABLY SHOULD DO IT BEFORE, AND DO IT AS A BRAINSTORMING SESSION." VOTE: (ON THE AMENDMENT TO THE MOTION) DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE PROCEED WITH A WORKSHOP AS A BRAINSTORMING SESSION TO PROVIDE CHUCK (PULA), WITH ADEQUATE INPUT FOR HIM TO GO DO WHAT WE SUGGESTED IN BRINGING US BACK INFORMATION ON SETTING - POLICY FOR FEES FOR TOWN CENTER RENTALS FOR THE VARIOUS TYPES OF EVENTS THAT OCCUR THERE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "THAT WOULD INCLUDE THE PARKS TOO?" COMMISSIONER BROWN STATED, "YES." CONTINUING, MAYOR BUSH ADDED, "ANY CITY..." COMMISSIONER KREBS ADDED, "...EVENTS..." MAYOR BUSH CONTINUED, "...FACILITY -ESPECIALLY THE PARKS." COMMISSIONER KREBS NOTED, "RIGHT." CONTINUING, MAYOR BUSH THEN SAID, "ANTHONY (GARGANESE) MENTIONED THE PARKING FEE. I THINK THAT SHOULD BE PART OF OUR DISCUSSION. AND, SO AT SOME POINT, WHEN YOU GET READY TO DO THAT CHUCK (PULA), PUT THAT IN -YOUR INFORMATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING -APRIL 30, 2008 PAGE 6 OF 6 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. In discussing when this Workshop would be held, Commissioner Krebs asked Mr. Pula if it could be held sometime from June on. Mayor Bush then said to Mr. Pula, "Let the Clerk know Chuck (Pula) about when you think -and then Andrea (Lorenzo-Luaces, City Clerk) can coordinate with the Commissioners, when we can have the Workshop." Discussion. ADJOURNMENT Mayor Bush adjourned the Emergency Special Meeting at 10:42 a.m. RESPECTFULLY SUBMITTED: 4 (~ ,.- AND A LORENZO-LUACES, CMC CITY CLERK APPROVED: ,~ O YC3R JOHN F. BUSH NOTE: These Minutes were approved at the May 12, 2008 Regular City Commission Meeting. -FORM 8B MEMORANDUM OF VOTING CONFLIC • FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLI~~F ~ , ~K LAST NAME-FIRST NAME-MIDDLE NAME C ~ ~ NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE .. % P.- ~( /rr MAILING ADDRES _ ~jJ h~ ~ ~ THE BOARD, COUNCIL, CO MISSIO ,AUTHORITY COMMITTEE ON WHIC RVE IS A UNIT OF: CIT COUNTY ITY O COUNTY O OTHER LOCAL AGENCY / Y _ ~ ~ ~,~ S ~ SC 6 e /7 ~ NAME OFPOLITICAL SUBDMS'IO /N: - DATE ON WHI H VOTE O CURRED C r ~ ~-/ l s/ , . J MY POSITION IS: ,,_,~~ /rtLtCTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of commun(ty redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, sun, daughter, husband, wife, brother, sister, father-in-law, mother-In-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, __ /Ci-C, h/3r~ ~,. 1 r¢~ ~ r~ ,hereby disclose that on ~/Ji, ~/ ~(~ '~L , 20 F~ (a) A mea re came or will come before my agency which (check one) inured to my special private gain or loss; ,_ inured to the special gain or loss of my business associate, _ _ inured to the special gain or loss of my relative, _ inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: by which 5~~ C ~ ~ t ~ ~-- ~d~ P C,1 G- ~ /~~7 ~~/C.~si C) C C cl/ i y ~ ~~e ~~L c;' J r C,9~ e v„U ~1~` ~ ~~1s11, cS~i U y. /C'~ ~ ~+ f w ~ t•,- c~ 1 ~jr9Q "'L ~J~ ~//'y C~~,C ~W rye OUT"- J ~< /~d~ U 'i /`'~d~i~ '~ ~) -~ ~if~f ~ . ~j e.<; ~-~_ ~t~ r , v ~ ~- _, Date Filed Si ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED~DI C URE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 „~, PAGE 2