HomeMy WebLinkAbout2002 09 23 Regular C Boat Docks
COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing
Regular X
/23
September fJ, 2002
Meetdng
{2------/~
Mgr. / Attor / Dept.
Authorization
REQUEST:
The Community Development Department requests the City Commission reconsider information
about boat docks.
,I
PURPOSE:
The purpose ofthis agenda item is for the City Commission to reconsider the October
. 16, 2000, report prepared by the consulting firm of Breedlove, Dennis and Associates, Inc. and April
22,2002, presentation to the' City Commission regarding consideration of new boat dock regulations.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3167(11), F.S., which states, "Each local government is encouraged to
articulate a vision ofthe future physical appearance and qualities of its community as a component of
its local comprehensive plan. The vision should be developed through a collaborative planning
process with meaningful public participation and shall be adopted by the governing body of the
jurisdiction. "
CONSIDERATIONS:
1. In August 1999, the City Commission authorized the City Manager to engage consultants
to review the City codes related to wetlands, conservation areas and docks and prepare
amendments to the code if necessary.
CDD/August 30. 2002/3:12 PM
,
,$eptember 9,2002
REGULAR AGENDA ITEM C
Page 2
FINDINGS:
.~:,"
3.
2. Breedlove, Dennis and Associates, Inc. completed its research and summarized its
findings concerning wetlands, conservation areas and boat docks in a workshop on
October 16, 2000.
3. On November 13,2000, the City Commission directed the consultant to provide a scope
of services for additional services, complete with prices.
4. On February 25,2002, the City Commission requested that staff investigate the status of
the research concerning boat docks.
5. On April 22, 2002, the City Commission heard a presentation from Senior Scientist
Penny Copel, of Breedlove, Dennis and AssoCiates, Inc., and voted not to approve
additional funding or change the existing City Code [pertaining to boat dock
regulations] .
6. On August 26,2002, staff was directed to bring this item back to the City Commission
for further review.
1.
In an October 16, 2000 workshop, Breedlove, Dennis and Associates, Inc. presented a
detailed report, which outlined the results of a review of City ordinances related to
wetlands, conservation areas, threatened or endangered species, species of special
concern and their habitats and boat docks.
On November 13, 2000, the City Commission considered Regular Agenda Item "B" to
decide ifthe October 16, 2000, report prepared by Breedlove, Dennis and Associates, Inc.
was acceptable as presented or if additional work were required.
The consensus of the City Commission [at the October 16,2002, meeting] was to direct
the consultant to prepare a scope of services complete with prices to develop additional
data on boat docks and bring the matter back to the Commission.
On April 22, 2002, the City Commission heard the presentation by Breedlove,
Dennis and Associates, Inc., and voted 3-2 not to spend additional money to review
boat docks and boat dock regulations or to amend the City Code to incorporate
boat dock provisions.
On June 20, 2002, City Attorney Anthony Garganese opined on the appropriateness of
reconsidering its previously approved official action.
On August 26,2002, staffwas directed to bring this item back to the City Commission.
2.
4.
5.
6.
ST AFF RECOMMENDATION:
Staff requests the City Commission vote whether or not to reconsider data on the status of the
Breedlove, Dennis and Associates, Inc. effort in connection with boat docks and approve a scope of
services dated March 18,2002 (Attachment B).
CDD/September 4, 2002/9:30 AM
September 9,2002
REGULAR AGENDA ITEM C
Page 3
t'
A.
B.
C.
Breedlove, Dennis and Associates, Inc. scope of services
City Attorney's June 20,2002, letter
Minutes of April 22, 2002, City Commission meeting
COMMISSION ACTION:
t'
CDD/August 30, 2002/3:12 PM
'.
ATTACHMENT A
(c
BDA
ENVIRON/vl!:NT..\L C00!::'l.'I.T.'\N'I'::,
March 19, 2002
File: 99126-20.1
Mr. Charles Carrington
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Phone: 407-327-5970
Fax: . 407-327-6695
RE: Proposal to Assist the City of Winter Springs
Modifications and/or Amendments to Adopted Ordinances for Boat Docks
((--
..,:., Dear Charles:
Pursuant to your request, Breedlove, Dennis & Associates, Inc. (BOA) is providing the following proposal
to assist the City of Winter Springs with revising or amending adopted ordinances and to assist with drafting
language for new ordinances regarding boat docks'within the city limits. The general scope of our services
will include a review of current codes re1ating'to boat docks for both the City of Winter Springs and other
municipalities and counties in central Florida. BaSed on that review, a workshop would 'be scheduled with
City of Winter Springs personnel and with city commissioners to review possible modifications to existing
ordinances and potential, amendments to these ordinances. A public hearing would also be scheduled and
the suggested changes presented with public participation and comment. Drafts of the proposed cHanges
would be provided for final discussion, modification, and approval. Our services under this contract are not
intended to duplicate permitting requirements of other federal, state, and local governments, but to
maximize the City of Winter Springs' protection for its natural resources not addressed eisewhere in.'
government codes or permitting regulations.
We propose the following workscope for our services.
'~'.'(:":
f: ..
\'.~::~ ;'.
1':\ADMIN\PROJECTS\99 I 26\PROPOSAL\CARRINGTON\OOA T.DOC
..
"
IlllEElll.( )\IE, I lENNIS &. I\SS( lCIJ\TES, IN(:.
I kl W. CJ\NTtlN AVEj\;lJE i WINTI:l( 1':\I,f.:.1'1. 1~>'1
I'H(l:\:E ~l17.(;7/.'IiS! / FJ\X .ll'7.(,)7'/l\!S
(
(-"
C;ll"..'
(....
.BDA
\
,
[NVIRONMENTAL CONSULTANTS
Mr. Charles Carrington
March 19,2002
Page 2
o Task No.1 - Review of Existing Ordinances
We will review the existing City of Winter Springs ordinances related to boat docks and mooring defined by
our, previous experience. We will also contact other municipalities and government agencies to obtain
model ordinances and local ordinances from which to formulate modifications. These other contacts may
include, but not be limited to, the American Planning Association, Urban Land Institute, League of Cities,
Seminole County, Orange County, City of Sanford, City of Orlando, and City of Altamonte Springs. Other
contacts may be made as directed by the City of Winter Springs. Upon completion of this data collection
and review, we will formulate proposed changes to the existing city ordinances and recommend options for
'!,mending the adopted codes.
o Task No.2 -.Progress Review Workshop
A workshop will be scheduled to present recommended options. These options will have been developed
based on our review of other ordinances from other municipalities. The goal of this workshop will be to
define the ordinances to be modified or amended to provide additional protection for the City of Winter
Springs.
o Task No.3 - Preparation of Proposed Ordinance Amendments
Based on information and comments received during the Progress Review Workshop, a draft of the
proposed otdinance amendments will be prepared and submitted to the City of Winter Springs.
o Task No. 4 - First Commission Meeting (Public Hearing/First Reading of Ordinance
Amendments)
We will ~ cobrdinate with the City of Wintei Springs to present recommended modifications of city
ordinanc~s during the regularly scheduled public meeting with the City Commissioners. BOA will make
a preseniat~b~ and answer question.s during t~is hearing, as neces~ary. Any .necessary re~isions t~ the,
propose~ 0~~1I1ance amendments will be mady, and a final draft WIll be submItted to the CIty of Wmter
Springs.: . , .
. l. I, : .
:-::
P;\ADMIN\PROJECTS\99IU,\I'ROI'OSA L\CARRINGTON\!30A T.DOC
.
".
.'
. I
..
,
(,.
("'
.\...
~7~'~;:'
.~,::., ,
. '"
\ ',',
\,
BDA
EN\:llt( 1;\!,\'II:NT..\1. t:, )~SULT.-\"TS
Mr. Charles Carrington
March 19, 2002
Page 3
o Task No.5 - Second Commission Meeting (Final Reading and Adoption of Ordinance)
A final public meeting with the City Commissioners wilt be scheduled to approve recommen'ded changes,
to the city's ordinances protecting natural resources. We wilt attend this meeting to answer questions and
provide a presentation. as necessary.
o Task No.6 - Requested Services
Work related to tasks above and beyond the scope of services provided herein wilt be conducted on a time
and materials (T&M) basis pursuant to your authorization.
Cost of Services and Invoicing
Dr. W. Michael Dennis an9 Ms. Penny E. Cople will attend the workshop and meetings representing
BOA. The 'anticipated costs for each task have been outlined below for your review. However, the actual
costs for the completion of each of these tasks may be more or less than the estimated costs provided for
each task below. The total contract amount wilt not exceed $6,200. without prior authorization in the
event additional meetings or tasks are assigned. Billing will be on a not-to-exceed basis for Task Nos. I
through 5 in accordance with the enclosed Schedule of Professional Fees and subject to the attached Temls
and Conditions as identified on the foltowing table. Bilting for any additional authorized tasks not included
in this proposal wilt be on a T &M basis. We have also provided a box for each step in this process for your
approval. If you accept our proposed services, please check those tasks that you wilt need. We will work
from a purchase order from the City of Winter Springs, if required.
Task No. Description Estimated
Costs
o Task No. 1 Review of Existing Ordinances $2,500
o Task No.2 Progress Review Workshop $500
o Task No.3 Preparation of Proposed Ordinance Amendments $1,500
o Task No.4 First Commission Meeting (Public Hearing/First Reading of Ordinance $1,000
Amendments)
o Task No.5 Second Commission Meeting (Final Reading and Adoption of Ordinance) $1,000
1':\AOMIN\PROJECTS\99 I 26\PROPOSAL\CARIUNGTON\OOA T,DOC
.
r
(
( .
\......,.
c..,
BDA
ENVII~ONMENTr\L CONSULTANTS
Mr. Charles Carrington
March 19,2002
Page 4
Task No. Description Estimated
. , Costs. ,- ,
o Task No.6 Requested Services T&M
Space has been provided below for your acceptance of this proposal and your signature hereon will
constitute a contract between us for the work, Please sign both copies and return them to our office. A fully
executed contract will be returned for your files
Sincerel);' yours,
8~.S
Director, Proposals and Contracts
Penny E. Cople, B.S.
Senior Scientist
Accepted by:
Charles Carrington
City of Winter Springs
Ronald W. McLemore
City Manager
Date
I:
W. Michael/Dennis, Ph.D.
President' ,I
Breedlove, Dennis & Associates, Inc.
. ':1
Date
I,
PEC/BAB/tdm
Enclosure
.1
I':\ADM I N\l'IWJ ECTS\<J9 I 26\I'ROI'OSAL\CAIUUNGTON\OOA T,DOC
OIl
".
.'
, f
(
BDA
\
\
ENVIRONMENTAL CONSULTANTS
TERMS AND CONDITIONS
I. Other support provided at the request of the Client or
representatives of the Client including, but not limited to,
team meetings, agency negotiations, public presentations,
mitigation design, pennitting assistance, sufficiency
responses or additional analyses not mentioned eisewhere in
this Proposal will be billed on a time and materials basis
according to the attached rate schedule. All requested
services must be approved by the Client before additional
support can be initiated.
(.
2. Unless specified elsewhere in the Proposal, the
proposed costs constitute Breedlove, Dennis & Assoc'iates,
Inc.'s (BDA) estimate of the charges required to complete
. the Project as defined. Final costs for this Project may vary
from the estimated costs. For many projects, all activities
are often initially not fully definable. As the Project
progresses, the facts uncovered may alter the scope of work
and consequently the cost of completion. BDA will inform
the Client of such situations so that negotiations of change in
scope and fees can be accomplished as required.
3. BDA's fees are based on the actual time required by the
individuals assigned to the Project task, plus reimbursable
expenses. Reimbursable expenses mean the actual expenses
incurred directly or indirectly in connection with the Project.
Reimbursable expenses include, but are not limited to long
distance telephone calls, computer charges, living and travel
out-of-town, inter-city travel, reproduction of reports,
drawings and documents, and special fees. Client shall
compensate the consultant for reimbursable expenses.
Individual hourly rates vary according to the degree of
responsibility involved and the skill required. BDA will
submit our bill for these services monthly. Payment is due
upon submission.
4. After January 1,,2003, all hourly and daily rates quoted
within this contract may Increase by 5%, at the
'('.".'"
.'
,.
(: .
,~..
O:\M ^ RKETl NG\FEESCH E0\2002.T &CDOC
determination of BDA, updn written notice to Client, and
may increase by 5% annually thereafter.
5. This Proposal to perform services for this Project shall
remain open for acceptance for a period of sixty (60)- days
from the date thereof, after which time BDA reserves the
right to review, revise or withdraw its Proposal.
6. All inforn1ation, furnished by Client to BDA shall be
returned to Client upon the conclusion of the Work unless
the same shall have been consumed or merged into the
Work. BDA may retain copies of any such information
furnished to BDA by Client and BDA shall, in all events,
retain full possession and ownership of it's field and Project
notes and all other documents or'data'generated',' COhsuirted'
or merged into any reports, opinions, or applications
required in connection with the Project and the Work.
7. This Contract may be terminated by either Party for
reason or for no reason by giving thirty (30) days written
notice to the other Party. Said notice shall be sufficient if it
is delivered to the Party personally or mailed by certified
mail to the Party's mailing address. Upon any termination
under this paragraph, BDA will prepare a final invoice
following the date of a final termination notice which date
shall be the "Effective Date of Termination." Where the
method of payment is based on time and materials, the final
invoice wi 11 be based on reii'lib'ursem-en(fc;r 'all-serVices"and .
expenses associated with the Project up to the Effective Date
of Termination.
8. Neither BOA nor Client shall be liable to the other for
any damages whatsoever caused by termination of this
Contract or failure to perfoml under this Contract, except for
services actually performed and costs and commitments
actually incurred by BOA under this Contract, prior to the
Effective Date of Termination. In no event shall either Party
be liable to the other for any other claim of direct, indirect,
I
IlllEEIII.( lVE. I lION;": I:' ,-;" :\;~I 'I :1:\Tb. 1j\;1;,
...
\ II' \X',I :,\NT\ l~ ,WENl:1: WI:-':TEI: 1':\1,10:, 1'1. \eI'"
"II< );>':1: -Il'7.(,n.ls...;~ ' 1':\\ .h\'i.(oi7.'i(\'.~
(
BDA
ENVIRONMENTAL CONSULTANTS
special, incidental, or consequential damages (including loss
of profits) whether based on contract, tort, or another legal
theory.
9. The Parties to this Contract agree to make the
submission to mediation of any dispute or controversy
arising out of this Contract, as set forth herein, an expres~
condition precedent to any legal or equitable action or
proceeding of any nature whatsoever. All disputes between
the Parties to this Contract arising out of or in connection
with this Contract shall be referred for mediation to a
mediator who is a member of the Florida Bar in good
standing, and who is mutually acceptable to all Parties
subject to the dispute. Each Party to all disputes submitted
for mediation shall pay an equal share of the costs and fees
charged by the mediator. '
10. The Client acknowledges that it has secured legal rights
to the property upon which the proj.ect will be developed.
The CHent further acknowledges and agrees that the type of
, services to be pefformed by BDA are covered under Florida
( .tatutes 713.03 (Liens for professio.~al services) and that the
;i., . non-payment of fees owed under thIS Agreement may rFsult
in a mechanic's lien or other encumbrances being placed on
the property upon which the project is/will be located. :
11. This Contract shall be governed by and interpreted in
accordance with the laws of the State of Florida, and the
Parties expressly agree that any mediation proceeding, or
any action at law or suit in equity, shall be instituted' and
maintained only ~n the Courts of Orange County, Flolrida,
and each Party Jaives the right to change o(venue. :It is
agreed by and between the Parties that this agreement'was
executed in the State of Florida, United States of Ametica.
In the event BO~ retains legal counsel to enforce any of the
provisions of thi~ agreement, the Client agrees to pay all
reasonable attorneys fees and any additional attorney' fees
pursuing collection of this judgement. I I
I
12. This agreem'ent, and any specified attachment, or
exhibits attached constitute the entire agreement bet\\ieen
,
..if' .
O:\M^ RKETI NG\FEESCH ED\2002- T &c.ooc
..
'\~..,.
BOA and Clicnt and all promises, representations,
understandings, and agreements with the respect to the
subject matter hereof and inducements to thc making of this
agreement relied upon by either Party have been expressed
herein, and may not be altered, amended, or modified unless
in writing executed by the Parties hereto,
13. Neither this agreement nor any interes,t herein may be
assigned by the Client without BOA's prior written consent.
No Party shall be liable for 'delay in the performance
hereunder do to causes beyond their control, including, but
not limited to, acts of God, fire strikes, acts of war, or the
intervention of governmental authority, but any such failure
shall be remedied as soon as reasonably possible:
14. Each Party executes this agreement as an independent
contractor and nothing herein shall be construed to form a
joint venture, partnership, or any similar form of association.
15. In the event of default by Client in the payment of any
sum to BDA when due, or in the performance of any of
Client's obligations under this agreement, BOA shall have
the right to terminate this agreement, until such time as the
default may be cured. Client shall reimburse BOA for all
costs and expenses to enforce collection of any monies from
Client.
2
..
c.
ATTACHMENT B
.>
BROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LAW
Ushcr L. Brown ·
Suzannc 0' Agrcsta
Anthony A. GargancscD
Gary S, Salzmano
John H. Ward ·
Jeffrey S. Weiss
Debra S. Babb
Jeffrey P Buak
Alfred Truesdell
Joseph E. Blitch
Scott D. Danahy
Theodore F. Greene, 1lI
Kristine R, Kutz
Brett A. Marlowe
Todd K. Norman
Cheyenne R. Young
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, FL 32802-2873
(407) 425-9566
(407) 425-9596 FAX
EmaiI: agarganese@orlandolaw.net
Website: www.orlandolaw.net
Cocoa: 866-425-9566
· Board Certified Civil Trial Lawyer
oBoard Certified Business Litigation Lawyer
DBoard Certified City, County & Local Government Law
June 20, 2002
The Honorable Paul P. Partyka
and Members of the City Commission
City of Winter Springs
1126 East S. R 434
Winter'Springs, FL 32708
RE: Boat Docks
Dear Mayor and Members of the City Commission:
At the June 10; -2002 City Commissioff'Ineeting, Deputy Mayor Gennell sought to have the
City Commission change its current position on whether to adopt additional boat dock regulations.
As a result, Parliamentary Rules were invoked. I advised the City Commission that under certain
circumstances the Commission always has a right to reconsider a previous official action and, if
desired, to change its official position on an issue. In general, this is done by either a Motion to
Reconsider or a Motion to Rescind in accordance with Robert's Rules. These two rules are often
used interchangeably, but they should not be. They are two very different motions. For example, a
Motion to Reconsider can only be made by a Commissioner who voted on the "prevailing side." By
comparison, any Commissioner, regardless of which side they voted, can make a Motion to Rescind
a previous vote.
Accordingly, my interpretation of Robert's Rules would permit any Commissioner to make
a Motion to Rescind the Commission's April 22, 2002 decision not to pursue additional boat
dock regulations,
The Honorable Paul P. Partyka
and Members of the City Commission
June 20, 2002
Page 2
Several key aspects of a Motion to Reconsider should be emphasized:
1. It can only be made on the day the vote to be reconsidered was taken, or on the next
succeeding day.
2. It must be made by a member who voted on the prevailing side.
3.
Any member may second it and a majority vote is required.
)
4. It cannot be applied:
a. When the same result may be attained by some other parliamentary motion;
b. When the vote has been partially executed;
c. When an affirmative vote to contract has been taken and the other party to the
contract has been notified;
d. On a Motion to Reconsider;
e. When something has been done as a result of the vote that the Commission
cannot undo.
5. The effect of adopting this motion is to place before the Commission the original
question in the exact position it occupied before it was voted upon.
On the other hand, a Motion to Rescind has the following key aspects:
I. It is amain motion that can be introduced only when there is nothing else before the
Commission.
2. It may be made by any member and is debatable.
3. Any vote taken by the Commission may be rescinded by a majority vote, provided
notice of the motion has been given at the previous meeting or in the agenda for the
current meeting. A two-thirds vote, or a majority vote of the entire Commission is
require to rescind a vote without notice.
4. Votes cannot be rescinded after something has been done as a result of that vote that
the Commission cannot undo; or when the vote was to approve a contract and the other party has
been informed of the vote; or where a resignation or expulsion from office has been acted on, and
such person was present or officially notified,
Nevertheless, for the reasons discussed above, if the Commission desires to take another look
at regulating boat docks, Robert's Rules would require the Commission to rescind the April 22, 2002
vote.
The Honorable Paul p, Partyka
and Members of the City Commission
June 20, 2002
Page 3
I will be happy to answer any questions regarding this letter at the Commission's June 24,
2002 meeting.
AAG:jf
cc: Ronald W. McLemore, City Manager
Anthony A. Garganese
City Attorney
,
ATTACHMENT C
"
l
....
pY"
~
-;J'
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 22, 2002
PAGE 8 OF 30
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
MAYOR PARTYKA: AYE
MOTION CARRIED.
Further discussion ensued on the definition of dumpsters. Manager McLemore added,
"We just need to add the words 'Bulk container. ", Commissioner Blake stated, "I don't
think it adequately addresses commercial areas - I agree with Commissioner Miller that
the problem - we ought to handle it the right way and I would rather that we not water it
down - and any of these special circumstances we just have to work on them."
j
VI. REGULAR
REGULAR
A. Community Development Department
Requests The City Commission Receive Information About Boat Docks.
(This Agenda Item Was Previously Listed On The March 25, 2002 Regular Meeting
Agenda And The April 2, 2002 Special Meeting Agenda As Regular Agenda Item "K. "
Mr. Charles Carrington, Community Development Department Director introduced this
4' Agenda Item and introduced Ms. Penny Cope!.
;.
~7'
;~
Ms. Penny Copel, Senior Scientist, Breedlove, Dennis & Associates, Inc., 330 West
Canton Avenue, Winter Park, Florida: addressed the Commission regarding this topic.
Discussion.
Tape I/Side 8
Commissioner Miller suggested, "That this City Commission this evening very seriously
consider, I know I would support it tonight, the passage of a moratorium on boat docks
until such time that we are able come to grips with what the impact of this is going to be
on the lake, because the number of boat docks which have already been built is not
significant, but if we don't come to some very strong decision like this to protect the lake,
protect what is our only natural asset - I think we are going to be in deep trouble because
once they start, you can't recover it. So that would be my suggestion - I would ask this
Commission to consider passing a moratorium this evening on all boat docks that have
,J not been approved - say at the end of this month."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 22,2002
PAGE 9 OF 30
Commissioner Martinez recommended that "At this time, provide the City with an
Ordinance that would be clear and would make sure that there is enough meat in it to
prevent further damaging of Lake Jesup by future property owners that want to build
docks there. What I am suggesting - I am not requesting or supporting a moratorium, I
don't think we could do that legally, but I am suggesting that the City Attorney draft an
Ordinance and bring it back to us for consideration."
Discussion followed on what the City Commission should do. Commissioner Blake said,
"I am having some difficulty grasping the value of what we are trying to do because
given the size of the lake and the very few areas available for any development at all
along the lake, I don't see a large pressure and haven't to this date seen a lot of pressure
for boat dock construction out there."
Manager McLemore added, "I thought when we had this discussion before that we talked
J about the State's permitting involved - and the fact of developing criteria and having an
_ entity to be able to review that scientifically was far beyond our means and the
Commission basically agreed not to go forward."
Discussion ensued on permitting; the side setbacks of some lots In the Parkstone
subdivision; and Riparian Rights.
"I MAKE A MOTION THAT WE DO NOT APPROVE ITEM 'A' FOR
ADDITIONAL FUNDING NOR DO WE CHANGE ANY OF THE
RECOMMENDATIONS IN OUR PRESENT CODE." MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
COMMISSIONER MARTINEZ STATED, "WE NEED SOMETHING LIKE THIS
TO TRY AND HELP THE ST ATE AND EVERYBODY ELSE PRESERVE THE
STATE OF THE LAKE, ONCE THEY SPEND THE KINDS OF MONEY THEY
ARE LOOKING TO INVEST INTO THE CLEANING UP OF LAKE .JESUP."
MANAGER McLEMORE ADDED, "THE NEW INFORMATION THAT WE
HAVE TODAY THAT WE PROBABLY DIDN'T HAVE IN THAT DISCUSSION
WHEN WE LOOKED AT THIS BEFORE WAS THAT THERE APPARENTLY
IS GOING TO BE A REAL EFFORT AT THIS POINT IN TIME TO CLEAN
THE LAKE UP AND WE MIGHT GIVE SOME CONSIDERATION TO
ANOTHER LOOK AT THIS."
Commissioner Martinez said, "Point of Order" and commented for the record about
what he had just stated.
':
.-,"
/
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 22, 2002
PAGE 10 OF 30
VOTE:
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: NAY
MAYOR PARTYKA: AYE
MOTION CARRIED.
REGULAR
B. Utility Department
Presenting Alternatives For Implementation Of The Utility/Stormwater Rate Study.
Mr. Jack Burgiel, Public Resources Management Group, Inc., 225 South Swoope Avenue,
Maitland, Florida: addressed the Commission.
Discussion.
Tape 2/Side A
Further discussion.
Commissioner Blake inquired if "Going from - 'Option l' to 'Option 2,' the usage rates
stays the same?" Mr. Burgiel agreed and said, "Yes." Commissioner Blake then said,
"But your going from 'Option l' to 'Option 2' on your base charges are different for the
two (2) and I am wondering why the flat rate goes up forty cents ($.40) and the metered
rate would go up fifty-five ($.55) cents?" Commissioner Blake then asked, "Why would
you have a flat rate of $8.40 if you are going to have meters?" Mr. Burgiel agreed and
stated, "You are correct - it shouldn't be there, my error."
Furthermore, Commissioner Blake stated, "The forty cents ($.40), the fifty-five ($.55),
mathematically you should either both be forty (40) or both fifty-five (55), but not mixed
i_if you have the same number of customers and if the difference between is installing the
meters or covering the costs of the meters and it's a customer charge, it is forty cents
($.40), times the number of customers of fifty-five (55), times the number of customers -
it should be the same number."
Commissioner Blake then explained, "That math is going to be the same for both 'Option
l' and 'Option 2' and that is where your eight dollars ($8.00) comes from - the
difference is the forty cents ($.40). Ifwe have a fixed base charge or the fifty-five (55), if
we have a meter charge, those two (2) numbers I am arguing should be the same. Which
one should they be?" Mr. Burgiel responded, "It should be the forty cents ($.40)."
Commissioner Blake added, "So it should be three dollars and forty cents ($3.40) plus the
variable charge?" Mr. Burgiel agreed and said, "Yes - you are correct."