HomeMy WebLinkAbout2008 12 15 Regular 601 Arts Festival BudgetCity of Winter Springs
Special Meeting December 15, 2008
121508_CO M M_Specia I_Meeting_Regular_601_Arts_Festiva I_Bu dget_Review
COMMISSION AGENDA
ITEM 601
December 15, 2008
Special Meeting
Consent
Informational
Public Hearing
Regular X
MGI~~"1 /DEPT.
Authorization
REQUEST: The City Manager requesting a discussion of the Arts Festival Budget.
PURPOSE: This agenda item is needed for the Commission to clarify its policy regarding the Arts
Festival in order to resolve a funding issue with the Chamber of Commerce.
ISSUE:
The Chamber of Commerce believes the City owes the Chamber $2,044. Based upon my
understanding of the facts, my authority to refund the Chamber is limited to $1,030.
CONSIDERATION:
On September 8, 2008 the Community Development Department presented Regular Agenda
Item 601 establishing a $9,845. Budget for the City's expenses involved in the event.
The Commission approved a budget of $6,470. to be covered by donations collected by the City
and the Chamber with the following caveats.
1. The Chamber would commit up to $6,470.
2. If the parties were not successful in raising donations the City would cover the shortfall.
3. The City's actual cost was $8,968.
4. Total Donations were:
Bright House Donations Available to City $6,470
Bellus Insurance $ 455
Waste Pro 1029
Total Donations $7,954
1
City of Winter Springs
Special Meeting December 15, 2008
121508_COM M_Specia I_Meeting_Regular_601_Arts_Festival_Budget_Review
5. Based upon Donations there is a $1,104 shortfall as follows:
Cost $8,968
Donations 7 954
Shortfall $1,014
6. As provided in the WLOQ Jazz Festival Settlement Agreement which provides that the
$1,104 Chamber donation can be utilized for any future event, I have applied the $1,014
from the Settlement Agreement to cover the balance of the cost as follows:
Cost 2C~.
Revenue
Donations:
Bright House $6,470
Bellus Insurance $ 455
Waste Pro 1029
Total Donations $7,954
WLOQ Settlement $1,029
Tota I
7. Chambers Position
The Chamber represents that the City owes them $2,044 as follows:
1) Their share of the $7,500 Bright House Donation
Bright House Donation $7,500
Chamber Pledge (6 470
Chamber Share $1,030
2) Credit for the WLOQ Settlement 1 014
Total Q4_
8. Citv Staff Position
The expenditures in excess of the $6,470 budget were absolutely essential to provide a safe
environment for the Arts Festival and to accommodate unanticipated site preparation needs
to promote a successful event.
Nothing in the Commission's motion gives the Chamber a reasonable claim for the $1,014
WLOQ Settlement Revenue.
2
City of Winter Springs
Special Meeting December 15, 2008
121508_COMM_Specia I_Meeting_Regu lar_601_Arts_Festival_Budget_Review
The Settlement Agreement clearly provides that the revenue from the Settlement
Agreement can be utilized to offset the City's cost of a future event.
Utilization of the $1,014 to pay the overage cost for the Arts Festival is clearly consistent
with the Commission's authorization provided in the September 8, 2008 Regular Agenda
Item 601. It is also clearly consistent with the Commission's stated goal of funding the event
from donations.
9. Alternative "1" Upholding City Staff Position
If the Commission upholds the staff's position the City will reimburse the Chamber
$1,030. The Project will be paid totally from funds authorized for City events. There will
be no need to commit General Fund dollars to fund the event.
30. Alternative "2"
If the Commission upholds the Chambers position, which staff does not believe to be a
reasonable claim on City revenues, the City will reimburse the $2,014 after the
Commission identifies a source of revenue to replace $1,014 in WLOQ's Settlement
Agreement revenue.
RECOMMENDATION: It is recommended that the Commission review the facts in this matter
and decide which alternative is in the best interest of the public.
ATTACHMENTS:
December 3, 2008 Charles Lacey Letter to City Manager
November 18, 2008 City Manager Letter to Charles Lacey
September 8, 2001 Regular Agenda Item 601 and Minutes
September 8, 2008 Regular Agenda Item 602 and Minutes
COMMISSION ACTION:
3
Oviedo -Winter Springs Regional Chamber of Commerce
1511 E. State Road 434, Suite 2001
Winter Springs, Florida 32708 RECEIVED
DCC 0 4 2008
CITY OF WINTER SPRINGS
December 3, 2008 City Manager
Mr. Ronald W. McLemore
City Manager,
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Dear Ron:
Thank you your letter of November 18, and, in particular, the opportunity to discuss it with you.
First, I want to thank you, the Commission, and the many City employees who helped produce
this event. I trust the results were a boost to the City's cultural profile. As a foofiote, we
received a "star" rating in Sunshine Artist, which evaluates shows -effectively ranking our
Festival of the Arts in the top 100 in the nation.
Your letter and our conversation focused on two topics: 1) how sponsorship funds for the
OWSRCC Winter Springs Festival of the Arts came to the City, and the accounting thereof; and
2) the history and resolution of an event credit due the Chamber for support of the Latin Fest.
We can dispense with Point #2 quickly. We have never questioned the application of the $1,014
(a/k/a Latin Fest) credit. The method employed is entirely satisfactory. The resulting arithmetic
is in question, as detailed below, but not the approach.
As to Point #1, which you describe as "Why did the City get the Check?": it is not material to us
who received the actual check (although I do find it odd that sponsorship funds for our event
would flow that way). The essence of the question is the expense that was agreed upon between
the Chamber and the City Commission. Once we understand that amount, the calculation of the
funds owed to or from the City is easily determined, regardless of who initially received the
sponsorship money.
Your letter states the obligation to the City incurred by the Chamber is $8,968.54. I submit that
the City Commission agreed to a total cost to be paid by the Chamber in the amount of $6,470.00.
We relied upon that agreed-upon service level and concomitant cost.
I have attached the minutes from the September 8, 2008, meeting of the City Commission, Item
601. We worked diligently with staff to manage the event in a way that reduced the costs,
estimates of which were initially over $11,000, to the $6,470 that was approved by the City
Commission. Any costs that exceeded that amount, and which were not agreed upon by us,
should not be charged to us. If the City actually incurred nearly $9,000 in costs, these overages
were at the discretion of the representatives of the City (and may or may not have been
worthwhile expenditures). I do not believe that the Chamber can be held responsible for costs
that we neither reviewed for their necessity to our event nor approved. Our agreement was for
Mr. Ronald W. McLemore
December 3, 2008
Page 2
$6,470 in services from the City, and that is what I feel is the correct amount for the Chamber to
pay.
Based on this rationale, the following arithmetic applies:
Service level agreed upon $ 6,470.00
Prior Credit to the Chamber - 1,014.00
Due to the City $ 5,456.00
Presenting Sponsorship funds $ 7,500.00
Excess Revenues over Service Costs $ 2,044.00 Refundable to the Chamber
I would like to have the City Commission review this matter at the next meeting as a scheduled
agenda item. This would allow them to review all the circumstances in advance. If you do not
feel this is the appropriate process, I can initiate the discussion via Public Input. I will depend
upon your advice as to the correct course.
Thank you for your assistance. If you would like to discuss this further, please contact me at 407-
359-9927 or by email to CAL.cc@QTSCorp.com.
Sincerely,
cc: Mr. Corydon Skeates
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
PAGE 8 OF 27
CONSENT
205. Parks And Recreation Department And Public Works Department
Requesting Authorization To Award The Contract For Construction Of the
Trotwood Park Expansion To BDG Construction Services, LLC.
This Agenda Item was not discussed.
"MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
COMMISSIONER KREBS NOTED, "I DON'T NEED, ESPECIALLY THINGS
FOR INFORMATIONAL AND CONSENT - I JUST READ IT ON LINE."
COMMISSIONER McGINNIS STATED, "I DO." COMMISSIONER KREBS
ADDED, "ANDREA (LORENZO-LUACES), IF YOU CAN NOT MAKE ME A
COPY, THAT WOULD BE GREAT." MAYOR BUSH THEN SAID, "ANDREA
(LORENZO-LUACES), WHY DON'T YOU POLL THE COMMISSIONERS AT A
LATER TIME AND ASK HOW THEY WANT THIS; SO, WE CAN SAVE
PAPER."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
• :• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 5 OF THESE
MINUTES. • •
REGULAR AGENDA
REGULAR
601. Community Development Department
Requests The City Commission Consider Costs To Be Incurred By The City Related
To The 2008 Winter Springs Festival Of The Arts And Decide The Level Of Service
To Be Provided By The City And A Funding Source For The Corresponding
Expenditures.
Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke to the City
Commission on the upcoming Festival of the Arts.
CIrY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
PAGE 9 OF 27
Mr. Lacy then explained, "None of our events are actually going to be on Tuskawilla
[Road] so, it would be possible to leave Tuskawilla [Road] open; we'd just have to pay
close attention to the pedestrian traffic that might be crossing Tuskawilla [Road] to get
over to the stage and the music events. And, we're very sensitive about the grass and the
quality of the shrubbery that is going to be down the center of Blumberg Boulevard, and
we've gone to great pains to try to find an aesthetically pleasing way to address that
concern."
Continuing, Mr. Lacey explained, "So, we've allocated quite a bit of manpower to patrol
that azea. I think we're going to place the tents in a way that discourages people from
going back in to the nice shrubbery and we're going to have people there from Police
Officers to Police Explorers to other volunteers, taking special care to make sure that the
pedestrian traffic is first of all, diverted away from that."
Discussion followed on parking, volunteers, Police assistance, and deposits.
Commissioner Brown asked Manager McLemore, "Have you met with Event Planner -
who wanted to work with the City, whose information I have sent you?" Manager
McLemore said, "I have not heard back from that person yet." Commissioner Brown
added, "She may be here tonight. I think she is going to introduce herself during Public
Input. This might be great opportunity to partner with her and see what she might be able
to bring to the table over the next month."
With further comments, Manager McI:eIllore noted, "I'll be happy to talk with her if you
will just give me that discretion and this is not that issue of finding that person. I can
have a scope of services for her or anyone else, just for this event, but it will be different
from the RFP (Request For Proposal) we're going to put out."
Discussion.
Mr. Lacey stated, "We are asking for a Waiver of the fees that aze on this that are six
thousand four hundred and seventy dollars ($6,470.00) and the refundable deposit and per
your suggestion Mayor, any additional funds that come in through. Brighthouse, we
would apply that to this dollar first. If it came in excess of that, we would take it, but if
we got another six thousand dollars, we would apply that to this and compensate the City
for that."
Tape 2/Side A
Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: addressed the City
Commission on this Event.
CITY OF W INTER SPRINGS, FLARIDA
MINUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
PAGE 10 OF 27
Commissioner McGinnis commented, "As we sit down and look at our Final Budget, we
may decide to in fact take something else out..." Commissioner Krebs noted, "... We
might..." Commissioner McGinnis continued, "...In place of this."
Continuing, Commissioner McGinnis noted, "Now we are going to talk about another
Event, so I would suggest to the Commission that when we sit down, we might substitute
this for another Event. But, I agree, it is the visibility, the name recognition, your
numbers sound great, I don't know -first year, it doesn't matter. It is a goal, and maybe
next year it will be even better. So, that is the way I am looking at this. I do support it."
Commissioner Krebs, "I agree with some of what you say Commissioner, but if we are
lucky, and I think we will be, this Event may cost us absolutely nothing."
Deputy Mayor Gilmore noted, "I can support this, but would ask the Police Chief to go
back, since his is thirty-six percent (36%) of this Budget, to go back and see if there are
alternative ways of providing what you want."
Further discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE WITH THE
UNDERSTANDING THAT SPONSORSHIP DOLLARS WILL BE APPLIED TO
THE CITY'S BUDGET OF SIXTY FOUR HUNDRED AND SEVENTY
DOLLARS ($6,470.00) FIRST, AND THAT IF WE ARE UNSUCCESSFUL IN
RAISING THAT AMOUNT, THAT WE WILL LOOK THROUGH THE BUDGET
PROCESS AND POST-BUDGET PROCESS TO REPLACE AN EXISTING
EVENT OR EXPENDITURE TO COVER THE LOSS THAT WE SHOULD
INCUR ON THIS, IF WE SHOULD IN FACT INCUR ONE:' MOTION BY
COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY
COMMSSIONER MILLER." DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
November 18, 2008
Charles Lacey, President
Oviedo Winter Springs Chamber of Commerce
200 West Broadway Street
Oviedo, Florida 32765
Dear Charles:
I have been advised that you have the following questions regarding recent events.
Art Festival: as 1 understand it your question is; Why did the City get the Check?
Answer: The Mayor was successful in acquiring a grant from Bright House to help pay for the
City's portion of the cost of the Arts Festival. The Mayor took this action because the City had
established a policy of not assuming any cost for events. It was understood that if any funds
were left over after paying for the City's cost those funds would be made available to the
Chamber. Reasonable minds would conclude that since the City's cost are to be covered first
from the grant, the City would be the recipient of the grant.
The City's cost of the event was $8,968.54. Therefore, there are no funds to be allocated to the
Chamber from the $7,500 grant.
Latin Fest: As I understand it your question is; is the Chamber entitled to the $1,014 payment
the Chamber made to the City to cover the City's $5,014.32 cost?
Answer: I am at a loss to understand the rational for this question. The payment of the $1,014
to the City resulted from a bonafide settlement of a dispute between the City and the Chamber.
In this case, as in most bonafide settlement disputes, the final settlement involves a number of
negotiated concessions of the parties' claims. The negotiated terms of the settlement are final.
Quite frankly, I have never experienced parties' of a bonafide settlement dispute attempting to
reopen the terms of the settlement.
In this case the terms of the settlement clearly defined in Regular Agenda Item 602 of
September 08, 2008, and the official records of the City are as follows:
"That the Chamber pay the full amount of the $1,014.00 donations it acquired
for the event to the City to be utilized for a future Town Center event, and that
the other guarantors be released from their collective $4,000.31 obligation
to reimburse the City."
For your information the $1,014 Chamber payment was applied to the City's $1,468.00 cost
overage for the Arts Festival.
I hope this information is helpful.
If you have any additional question please contact me at your convenience.
Sincerely,
1 ~ ~''~
Ronald W. McLemore
City Manager
/Jp
11208 Chamber President Questions
ARTS FESTIVAL -CITY COST
City Payroll Cost Non-Chargeable Chargeable
Total Regular Time Overtime
Beautification 561.00 209.00 352.00
Police 6,456.00 2,115.00 4,341.00
Building 230.00 -0- 230.00
Utility 157.00 -0- 157.00
Stormwater 10.00 10.00 -0-
Public Works 1,002.00 923.00 79.00
Parks 2.191.00 493.00 1.698.00
Total 10,607.00 3,750.00 6,857.00
Contractual Cost -National Construction Rentals
Securing and Screening Veteran's Memorial
Construction site from Arts Festival Area
Contractual Cost -Central Florida Landscaping
Miscellaneous Material - Lowes
1,563.72
250.00
297.82
Total 8 9~$,_4
COMMISSION AGENDA
ITEM 601
September 8, 2008
Meeting
REQUEST:
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
M r. ,~~ /De t.
Authorization
The Community Development Department requests the City Commission consider costs
to be incurred by the City related to the 2008 Winter Springs Festival of the Arts and
decide the level of service to be provided by the City and a funding source for the
corresponding expenditures.
PURPOSE:
The purpose of this agenda item is for the City Commission to review estimated costs for
the City's participation in the Winter Springs Festival of the Arts on October 4-5, 2008
and to decide on an appropriate funding source for the related expenditures.
CONSIDERATION:
On October 4, 2008, the Oviedo-Winter Springs Chamber of Commerce (the
Chamber) will be hosting the first Winter Springs Festival of the Arts Two Day
Signature Event in the Winter Springs Town Center, on Blumberg Boulevard. This
event will feature the City's first juried outdoor fine arts festival with approximately
ninety (90) visual artists and a variety of performing artists.
The Chamber has been involved in extensive pre-event planning with the City
to ensure a successful event that will compliment the annual Taste of Oviedo event held
in Oviedo. Representatives from the Chamber have worked with Chris Carson of the
City's Parks Department, in addition to meeting with Staff from several other
participating Departments, in an effort to coordinate manpower and equipment
requirements that will further ensure the public's safety during this event.
090808_COMM_Regular_601 _W interSprin gsArtsFesti val
After a careful review of the event application submitted by the Chamber, City
Staff has agreed with the need for two road closures for this event located on Blumberg
Boulevard and on Tuskawilla Road, which will be on October 4, 2008, loam to Spm, and
on October 5, 2008, loam to Spm. Tuskawilla Road will be opened during the time
when there are no activities related to the event.
In addition, City Staff is concerned for the City's landscaping investment along
Blumberg Boulevard, where potential damage to plant material and turf could occur
during setup and during the ongoing event activities. Staff has discussed this at length
with representatives of the Chamber
Below, City Staff has compiled an estimated budget containing costs the City will
incur to participate and make this two day event both safe and successful.
City of Winter Springs -Required Services Budget
Item
Refundable Event Deposit (Oviedo-W. S. Chamber)
LED Message Sign Board (5 days)
Temp. Fencing -Vet's Memorial
Water Barricades (Road Closures - Blumberg/Tuskawilla)
Cones, Tape, Signage
Police (Off Duty) Per Capt. Deisler
4 Officers gam-6pm Sat. /2 Officers all night Sat.
4 Officers gam-6pm Sun.
Parks (Overtime) 12 hrs @ $20/hr.
P.W. (Overtime) 8 hrs @ $20/hr.
CDD - U.B. (Overtime) 14 hrs @ $20/hr.
Labor (Site Prep. Mowing, Spread Mulch)
Equipment (Site Prep. Mowing, Spread Mulch)
Mulch -Donated by A Budget Tree and City
Artist Parking Lot Curb Ramp
Portable Light Towers (2 days)
Total
There is no cost for
Fire Dept.
participation.
uanti Each Total Cost
1 $1,500 $1,500
4 $450 $1,800
1 $900 $900
17 $75 $1,275
1 $500 $500
1 $2,880 $2,880
4 $240 $960
2 $160 $320
1 $280 $280
1 $200 $200
1 $280 $280
100 $0 $0
1 $150 $150
2 $150 $300
9 845
'" Refundable
Event Deposit
Not In Total
090808_COMM_Regular_60l _W interSpringsArlsFestiva)
STAFF RECOMMENDATION:
Staff recommends the City Commission make a decision regarding the levels of
service that will be provided by the City for the 2008 Winter Springs Festival of the Arts
Event and decide on a funding source for the related expenditures.
ATTACHMENTS:
A. Winter Springs Festival of the Arts -Event Map
COMMISSION ACTION:
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CITY OF WINTER SPRINGS, FLORIDA
MMUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
PAGE 8 OF 27
CONSENT
205. Parks And Recreation Department And Public Works Department
Requesting Authorization To Award The Contract For Construction Of the
Trotwood Park Expansion To BDG Construction Services, LLC.
This Agenda Item was not discussed.
"MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
COMMISSIONER KREBS NOTED, "I DON'T NEED, ESPECIALLY THINGS
FOR INFORMATIONAL AND CONSENT - I JUST READ IT ON LINE."
COMMISSIONER McGINNIS STATED, "I DO." COMMISSIONER KREBS
ADDED, "ANDREA (LORENZO-LUACES), IF YOU CAN NOT MAKE ME A
COPY, THAT WOULD BE GREAT." MAYOR BUSH THEN SAID, "ANDREA
(LORENZO-LUACES), WHY DON'T YOU POLL THE COMMISSIONERS AT A
LATER TIME AND ASK HOW THEY WANT THIS; SO, WE CAN SAVE
PAPER."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
••3 AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 5 OF THESE
MINUTES. • •
REGULAR AGENDA
REGULAR
601. Community Development Department
Requests The City Commission Consider Costs To Be Incurred By The City Related
To The 2008 Winter Springs Festival Of The Arts And Decide The Level Of Service
To Be Provided By The City And A Funding Source For The Corresponding
Exaenditures.
Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke to the City
Commission on the upcoming Festival of the Arts.
CITY OF WINTER SPRINGS, FI,oRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
PAGE 9 OF 27
Mr. Lacy then explained, "None of our events are actually going to be on Tuskawilla
[Road] so, it would be possible to leave Tuskawilla [Road] open; we'd just have to pay
close attention to the pedestrian traffic that might be crossing Tuskawilla [Road] to get
over to the stage and the music events. And, we're very sensitive about the grass and the
quality of the shrubbery that is going to be down the center of Blumberg Boulevard, and
we've gone to great pains to try to find an aesthetically pleasing way to address that
concern."
Continuing, Mr. Lacey explained, "So, we've allocated quite a bit of manpower to patrol
that area. I think we're going to place the tents in a way that discourages people from
going back in to the nice shrubbery and we're going to have people there from Police
Officers to Police Explorers to other volunteers, taking special care to make sure that the
pedestrian traffic is first of all, diverted away from that."
Discussion followed on parking, volunteers, Police assistance, and deposits.
Commissioner Brown asked Manager McLemore, "Have you met with Event Planner -
who wanted to work with the City, whose information I have sent you?" Manager
McLemore said, "I have not heard back from that person yet." Commissioner Brown
added, "She may be here tonight. I think she is going to introduce herself during Public
Input. This might be great opportunity to partner with her and see what she might be able
to bring to the table over the next month."
With further comments, Manager McLemore noted, "I'll be happy to talk with her if you
will just give me that discretion and this is not that issue of finding that person. I can
have a scope of services for her or anyone else, just for this event, but it will be different
from the RFP (Request For Proposal) we're going to put out."
Discussion.
Mr. Lacey stated, "We are asking for a Waiver of the fees that are on this that are six
thousand four hundred and seventy dollars ($6,470.00) and the refundable deposit and per
your suggestion Mayor, any additional funds that come in through Brighthouse, we
would apply that to this dollar first. If it came in excess of that, we would take it, but if
we got another six thousand dollars, we would apply that to this and compensate the City
for that."
Tape 2/Side A
Mr. Paul Parryka, 292 Solaris Wharf Street, Winter Springs, Florida: addressed the City
Commission on this Event.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
PAGE l0 OF 27
Commissioner McGinnis commented, "As we sit down and look at our Final Budget, we
may decide to in fact take something else out..." Commissioner Krebs noted, "... We
might..." Commissioner McGinnis continued, "...In place of this."
Continuing, Commissioner McGinnis noted, "Now we are going to talk about another
Event, so I would suggest to the Commission that when we sit down, we might substitute
this for another Event. But, I agree, it is the visibility, the name recognition, your
numbers sound great, I don't know -first year, it doesn't matter. It is a goal, and maybe
next year it will be even better. So, that is the way I am looking at this. I do support it."
Commissioner Krebs, "I agree with some of what you say Commissioner, but if we are
lucky, and I think we will be, this Event may cost us absolutely nothing."
Deputy Mayor Gilmore noted, "I can support this, but would ask the Police Chief to go
back, since his is thirty-six percent (36%) of this Budget, to go back and see if there are
alternative ways of providing what you want."
Further discussion.
~~I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE WITH THE
UNDERSTANDING THAT SPONSORSHIP DOLLARS WILL BE APPLIED TO
THE CITY'S BUDGET OF SIXTY FOUR HUNDRED AND SEVENTY
DOLLARS ($6,470.00) FIRST, AND THAT IF WE ARE UNSUCCESSFUL IN
RAISING THAT AMOUNT, THAT WE WILL LOOK THROUGH THE BUDGET
PROCESS AND POST-BUDGET PROCESS TO REPLACE AN EXISTING
EVENT OR EXPENDITURE TO COVER THE LOSS THAT WE SHOULD
INCUR ON THIS, IF WE SHOULD IN FACT INCUR ONE." MOTION BY
COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY
COMMSSIONER MILLER." DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
City of Winter Springs
Regular Meeting September 8, 2008
090808_COM M_Regular_602_W LOQ_Jazz_Event_Report
Page I of 4
COMMISSION AGENDA
ITEM 602
Consent
Informational
Public Hearing
X
September 8.2008
Regular Meeting
MGR. / /DEPT.
Authorization
REQUEST: The City Manager requesting the Commission to review this report regarding
the reimbursement of costs for the 2008 W.L.O.Q. Jazz Event, and take any action it deems
appropriate.
PURPOSE: This agenda item is needed to fulfill the Commission's request for the development
of settlement alternatives regarding the 2008 W.L.O.Q. Jazz Event.
BACKGROUND:
On February 11, 2008 the City Commission authorized the staff to proceed with the planning of
a Jazz Event to with W.L.O.Q. Radio with the direction to solicit sponsors to cover as much of
the cost as possible.
Staff moved forward with putting together an event with financial and in-kind participation from
W.L.O.Q., the Chamber of Commerce, the Town Center Merchants Association, and the City.
Discussions included the City's participation including the possible donation of police, fire, and
other services, and the waiver of park rental fees.
On April 14, 2008 the City Commission approved a motion to delete funding from all special
events unless 100% of the cost was covered from sponsors. This option prohibited any out-of-
pocket expenses from the City, eliminated from consideration the City share of the cost of the
Jazz Event, and placing the event in jeopardy.
On April 18, 2008 a meeting was held including city staff, Chamber of Commerce,
representatives, Town Center Merchants President, W.L.O.Q. representatives, and Commissioner
Rick Brown to advise all the parties of the City Commission's April 14, 2008 declaration
prohibiting any City monetary participation in the event.
The other parties agreed that they would cover all the cost. W.L.O.Q. asked the City to sign a
Memorandum of Understanding setting out the parties' responsibilities. The W.L.O.Q. Memo of
Understanding for the first time specified that the City would waive the $3,000 park rental fee.
Acting City Manager Kip Lockcuff signed the agreement under the erroneous belief that the City
Manager had agreed to the park fee waiver.
City of Winter Springs
Regular Meeting September 8, 2008
090808_COM M_Regu I ar_602_W LOQ_Jazz_Event_Report
Page 2 of 4
W.L.O.Q. made it clear that they would not participate in the event if the letter of intent was not
signed on this date.
It was made clear that the City Commission would have to approve the final agreement.
On April 28, 2008 the staff presented a final plan for the event in which the City's participation
in the event was limited to a waiver of the $3,000 park rental fee.
The Commission rejected the waiver of the $3,000 park rental fee.
On April 29, 2008 W.L.O.Q. was notified of the City Commission's decision to deny the
agreement due to the Commission's unwillingness to waive the $3,000 rental fee consistent with
their April l4, 2008 policy decision prohibiting the waiver of park rental fees.
W.L.O.Q. threatened litigation due to the amount of money and effort they had expended in
preparing for the event, stating that the Commission's actions were in breach of the Memorandum
of Understanding signed on April 18, 2008 by the Acting City Manager.
At the request of the City, the City Attorney got involved to try to mediate the matter.
The City Attorney worked out an agreement in which W.L.O.Q. would agree to provide the City
with $5,000 in free advertising for future events in return for the City waiving the $3,000 park
rental fee.
On April 30, 2008 an emergency meeting of the Commission was convened to reconsider the
event with the proviso that the City would agree to waive the $3,000 park rental fee in exchange
for the $5,000 free advertizing offer. The Chamber of Commerce and Local Merchants agreed to
guarantee payment of any cost incurred by the City for which event revenues were insufficient to
cover. The Commission instructed the City Attorney to memorialize the terms in a final
agreement. The final agreement was executed on May 15, 2008.
On May 16, 2008 and June 7, 2008 the event went forward as planned. The event did not earn
sufficient revenues to cover the City's $5,014.31 cost.
On August 25, 2008 representatives of the Chamber and Local Merchants offered the
Commission payment covering the City's cost. The Chamber presented a check in the amount of
$1,014.00, representing the amount of donations it had raised for the event. The balance of the
amount was paid by the local merchants as follows:
Chamber of Commerce $ l ,014.00
Brenda Brown $1,333.44
Charles lacey $1,333.44
Brenda Brown 1 333.44
Total $5,014.32
City of Winter Springs
Regulaz Meeting September 8, 2008
090808_COM M_Regular_602_W LOQ_]azz_Event_Report
Page 3 of 4
Paul Partyka presented the checks offering the following information for the Commission to
consider.
a) Two months of planning for the event took place prior to the April 14, 2008 decision
of the Commission to withdraw monetary support for the event. The planning for
this event involved a partnership in which cost was shared by the various parties.
b) In order to prevent W.L.O.Q. from walking away from the event and potentially
following through on a threat to litigate against the City to recover the cost of its
time, and the cost of obligations with parties it had entered into to perform various
elements of the event, the Chamber and Local Merchants felt they had little choice
other than to offer to become guarantors of reimbursement of the City's cost in the
event.
c) That a better and more fair policy would have been for the Commission to
grandfather events that were already in progress on April 14, 2008 when the
Commission made its new policy declaration.
Based upon this presentation the City Commission directed the City Manager to review the matter
with Chamber and Merchant representatives and to offer alternatives for the Commission to
review.
FINDINGS: The following findings are clear from a review of the facts:
a) A significant amount of time and effort was expended to carrying out the February
] 1, 2008 direction of the City Commission to plan the event.
b) The event planning evolved on the basis of the various parties sharing costs.
c) The April 14, 2008 decision of the Commission to discontinue monetary support of
community events changed the dynamics under which the party's were proceeding in
good faith to accomplish a successful event. This decision had especially
troublesome impacts on W.L.O.Q. since it was involved with business arrangements
with subcontractors.
d) Contrary to W.L.O.Q.'s understandable saber-rattling, it is doubtful that they had
grounds for litigation since they were clearly made aware of the fact that the City
Commission had the authority to approve or reject the final plan that would be
submitted to them for approval.
e) It is clear that the guarantors are legally bound to reimburse the City for 100% of the
City's cost.
CONCLUSIONS:
Based upon the record of this matter it is clear that this is far more a matter of
fairness and good will than law, and that good will in these kinds of matters is
important.
2. A decision by the Commission which would have given more consideration to the
time and monies expended and obligated by the parties planning the event would
have been received as a more fair rendering of public policy in this matter.
FUNDING: N/A
City of Winter Springs
Regular Meeting September 8, 2008
090808_COMM_Regul ar_602_W LOQ_Jazz_Event_Report
Page4of4
RECOMMENDATION:
Based upon the record of this matter I am recommending the Commission consider the following
alternatives.
1. That the Chamber pay the full amount of its $1,014.00 in donations it acquired for the
event to the City and that 50% of the remaining $4,000.31 be paid by the other
guarantors, all of which would be utilized to help pay for a future Town Center event.
2. That the Chamber pay the full amount of the $1,014.00 donations it acquired
for the event to the City to be utilized for a future Town Center event, and that
the other guarantors be released from the their collective $4,000.31 obligation
to reimburse the City.
ATTACHMENTS:
COMMISSION ACTION:
CITY OF WINTER SPRQVGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
PAGE I7 OF 27
•• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
DISCUSSED NEXT, FOLLOWED BY THE REST OF THE PUBLIC HEARINGS
AGENDA. • •
REGULAR AGENDA
REGULAR
602. Office Of The City Manager
Requesting The Commission To Review This Report Regarding The
Reimbursement of Costs For The 2008 W.L.O.Q. Jazz Event, And Take Any Action
It Deems Appropriate.
Manager McI.emore introduced this Agenda Item for discussion.
Commissioner Brown commented for the Record and stated, "Andrea (Lorenzo-Luaces),
the bottom of page 2, one of those `Brenda Brown' should be replaced with the name of
former Mayor `Paul Partyka'."
Discussion.
"I WILL MAKE A MOTION THAT WE ADOPT THE FIRST PROPOSAL [~1.'),
LET THE CHAMBER PAY THE FULL AMOUNT, AND THAT THE FIFTY
PERCENT (50%) OF THE REMAINING BE PAID AND USED FOR SOME
OTHER FUTURE EVENT IN THE CITY." MOTION BY COMMISSIONER
MILLER.
MAYOR BUSH SAID, ~~THEY WOULD PAY THE ONE THOUSAND AND
FOURTEEN [DOLLARS] ($1014.00), AND THE REMAINDER -THE CITY
WOULD PAY?" MANAGER McLEMORE NOTED, ~~THE GUARANTORS
WOULD PAY FIFTY PERCENT (50%) OF THE BALANCE:'
SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER KREBS: NAY
COMMISSIONER McGINNIS: AYE
COMMISSIONER BROWN: ABSTAINED
MOTION CARRIED.
Mayor Bush remarked, "Commission, I don't agree with that." Commissioner McGinnis
stated, "I would like to bring the issue back up."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
PAGE 18 OF 27
"MOTION TO RECONSIDER." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER BROWN: ABSTAINED
COMMISSIONER MILLER: NAY
MOTION CARRIED.
"I MOVE THAT WE RECOMMEND OPTION NUMBER `2."' MOTION BY
COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
MAYOR BUSH NOTED, "NUMBER `2.' WHICH WOULD BE THE CHAMBER
PAYING THE ONE THOUSAND FOURTEEN [DOLLARS] ($1014.00), AND THE
CITY PICKING UP THE BALANCE."
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER BROWN: ABSTAINED
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
503. Community Development Department
Requests The City Commission Hold A Public Hearing For Second Reading And
Adoption Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04
Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419
On The East And West Side Of Wade Street From "C-1 Neighborhood
Commercial" To "C-2 General Commercial" Subject To Certain Use And Other
Restrictions Pursuant To Section 20-31.(el.
Attorney Garganese read Ordinance Number 2008-11 by "Title" and commented for the
Record that, "It would not authorize any other C-2 general commercial uses on the
property other that the two (2) that are listed on pages 2 and 3 of the Ordinance, generally
being outdoor storage facilities and a single warehouse building not to exceed 27,000
square feet.