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HomeMy WebLinkAbout2006 08 14 Consent 409 Approval of July 24 Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING JULY 24, 2006 CALL TO ORDER The Special Meeting of Monday, July 24, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:02 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, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, arrived at 6:05 p.m. Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:05 p.m. The Pledge of Allegiance was followed by a moment of silence. Mr. Scott Phillips, with the Winter Springs Youth Sports team stated, "We're actually the State Runners-Up. We won our District and then - we made it all the way to our Championship game and lost the last game, but State Runners-Up is pretty good." Continuing, Mr. Phillips then said to the City Commission, "Basically we're looking to see if the City can help us out with our trip to Glen Allen [Virginia], it's quite a ways to Virginia." Furthermore, Mr. Phillips noted, "We're doing some fundraising and doing a few other things and since we're going to be representing the City of Winter Springs, we were curious if we could get any help from the Commission or the City to help us with our trip." Mayor Bush stated, "Commissioners, I have already given him a check tonight." Mayor Bush added, "I am sure that you will want to assist." Commissioner Donald A. Gilmore arrived at 6:05 p.m. City Attorney Anthony A. Garganese arrived at 6:05 p.m. Commissioner Sally McGinnis added, "If you would please leave an address with the City Clerk where we could send a check, I would appreciate that." ,....... r--, :-- ~ ~ ~ ~~ ;----. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -JULY 24, 2006 PAGE20F6 REGULAR AGENDA REGULAR 300. Office Of The City Manager Requesting The City Commission To Receive A Report From Matt Sutcliffe, President And Chief Operating Officer Of Premier Pyrotechnics, Regarding The July 4, 2006 Celebration Of Freedom Event. City Manager Ronald W. McLemore introduced this Agenda Item for discussion. Mr. Matt Sutcliffe, President, Premier Pyrotechnics, 25255 Highway K, Richland, Missouri: addressed the City Commission. With discussion, Manager McLemore remarked, "He is willing to go forward and do the July the 4th, [2006] show at no cost; to do another small level show of about five to six thousand dollars ($5,000.00 - $6,000.00) in value, between now and then, if we desired at no cost; and, we don't pay the company anything unless we're - totally satisfied after next year's event." Regarding a possible partial payment for the shells expended on July 4th, 2006, Mr. Sutcliffe said, "We're not requesting partial payment at this time. We're not requesting any payment at this time." Manager McLemore said, "Well, originally what I wrote to you did include that because I thought that was what you were requesting." Mr. Sutcliffe said, "Next year. At the end of next year's event, successful event. We don't want a check from you people. No matter what, we don't want a check from you." Further discussion. Mr. Sutcliffe said, "We have a plan in place that functions. I don't have a percentage of the time because I have one (1) time this year out of twenty-eight hundred (2,800) shows so far that it didn't work as intended. But, we have a plan in place where you call when at the arrival of the site. There's just a tremendous amount of regulatory catches along the way. The product arrives on the site, you put the check in for the security plan with the DOT (Department of Transportation). All of the issues that happened on this site, from our perspective as well as from the City's management folks, the day before and the day of, it was on track. I can't, I don't know how you deal with something like that any differentl y. ~ r--, :--= ~ ~ Q..C ~ H CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE30F6 Where the City employees came into play was about six o'clock the night of the show, at three (3) hours beforehand, the Supervisor decides that he's in trouble. Which, what we have pretty much determined on that, was - there's one hundred and one cases of shells and product to be dealt with on this show. At six o'clock, there was forty-one (41) still on the truck. I just don't know what to say about that. The bottom line is that forty percent (40%) of the show at three (3) hours beforehand hadn't been dealt with. Sixty percent (60%) had been in, the three (3) days prior." Deputy Mayor Michael S. Blake asked, "And I understand the difficulty of, and the difficult position you're in, having to stand before us because you were not on site, is that correct?" Mr. Sutcliffe said, "No, I wasn't. If I was on site, things would not have functioned the way they did." Deputy Mayor Blake then said, "One of the difficulties that I would have, as an Elected Official up here for the City of Winter Springs, and all the citizens that live here would be to give you another chance, just to have that fail. How can you give us some comfort there?" Mr. Sutcliffe said, "Well for one thing, we've already got a crew established that is not going to be this crew. In fact, most of the people involved in this probably won't ever come within fifty (50) miles of here again. Not on our company's part anyway. There is a senior crew staff that will be here. The same staff that's going to do - I didn't even have a chance to talk with Chuck (Pula, Director, Parks and Recreation Department), but the October ih event that's been tossed around, for a smaller event. It's just going to be a crew of folks that have done these on a regular basis." Discussion. Commissioner Robert S. Miller said to Mr. Sutcliffe, "And you're the man who's in charge of the corporation so all of these shows are done under your jurisdiction. .." Mr. Sutcliffe said, "...Correct..." Commissioner Miller continued, "...Under your watch." Commissioner Miller noted, "The shows that you do then are subcontracted out to qualified people or teams, however you..." Mr. Sutcliffe said, ".. .No, that's actually one of the biggest issues." Continuing, Mr. Sutcliffe remarked, "One of the things that I had told Ron (McLemore) when it came to light, that there'd been a number of people on the site handling product that were not employee possessors, that's an ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) classification. We had to report that. We had to report that there was product left on the site unattended. The A TF (Bureau of Alcohol, Tobacco, Firearms and Explosives) actually came and looked at your site. They did their own investigation. ,..-, r--, ;:::::... c=:>> S; ,..... I ~ r---" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE40F6 We had several internal components that had to kick in, but no actually, during the 4th of July week, our employee rolls, if you will, swell to a little over three thousand (3,000) people. Most of these folks are school teachers, doctors, attorneys, folks who have regular, you know, forty (40) hour week type jobs, and they take a week off in the summer to shoot fireworks." Commissioner Miller said to Mr. Sutcliffe, "If you were to be here next year, I think I would be really comfortable with that." Mr. Sutcliffe responded, "Me, personally? There will be a senior staff member, I cannot guarantee that I personally would be here. I'm sorry, I can't." Then, Commissioner Miller asked, "How many senior staff people do you have?" Mr. Sutcliffe said, "To meet that point, you have to have been with the company a minimum of three (3) years. You have to have produced at least twenty-two (22) productions." Manager McLemore said. "One of the things that we had talked about was your Regional guy was going to be here directing the show." With further discussion, Mr. Sutcliffe said, "While the weather may have had a slight impact throughout the two (2) days prior to this, that was not ultimately the failure. Ultimately the failure was the human element." Commissioner McGinnis said, "I personally would be comfortable going with your company again because I am sure you will do everything in your power to see that you are not embarrassed again." Commissioner McGinnis said, "I do like the idea that you would send a letter of apology to every resident in Winter Springs. That's important to me." Furthermore, Commissioner McGinnis said, "I am willing to give you another opportunity. It was a terrible thing. We were all embarrassed, but I am sure you will do everything in your power to see that next year, that we are more than happy." Mr. Sutcliffe said, "Yes, Ma'am. Thank you." Discussion. Manager McLemore said, "As I understand, after the July 4th show of this next year we owe you nothing, that's what you're saying?" Manager McLemore continued, "You're doing the next July 4th show free of charge for the City?" Mr. Sutcliffe said, "We're willing to obviously completely write off this year's event. We are willing to do the October, I think that date was 6th or 7th? I don't remember when it was, and we would ask the City to take into consideration compensation for a successful show next year. However - if you all feel like the way to approach that is, 'You owe us a show next year too', then we're willing to do that. The bottom line is that there were hard expenses here, not just the product. The insurance for this event is in, the staff got paid, all of the transportation issues are here. ,....., r--, ;- IlL -. rv-=: r" I ~ . ~ ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE50F6 Right now if we walked away from this, it's about a loss of around nineteen thousand dollars ($19,000.00). Send out a mailing, which 1 think you'd indicated would cost about four thousand dollars ($4,000.00). So right now, we're at twenty-three thousand dollars ($23,000.00) loss. Do a show on the i\ another four thousand ($4,000.00) to five thousand dollars ($5,000.00). Do a free show next year. So, this is looking at somewhere between fifty-five [thousand dollars] ($55,000.00) and sixty thousand dollars ($60,000.00) of a loss to our company if we don't charge you anything for next year's show. And with that, you all seem to be pretty reasonable people, so I'll leave the decision to you. But, we certainly do not expect compensation for this year." Mr. Sutcliffe then said, "I guess what 1 would propose is somewhat of a hybrid of number 2. That we'd charge nothing for this year; provide a show in the six thousand dollar ($6,000.00) range for an October date that has yet to be determined exactly; and then enter into a Contract for next year's show based on performance. And if you don't get- the show that blows your socks off, you don't pay anything." Commissioner McGinnis said, "And what about a letter?" Mr. Sutcliffe said, "I don't have any problems sending out the letter. The other option would be to put something - put a comparable event, pay for the printing for a comparable event in this mailer that you all do." Mr. Sutcliffe said, "I think we need to communicate that this was no fault of the City of Winter Springs; that it was an event that occurred and we need to communicate what the resolution is. That is what 1 would like to see happen and 1 think that is what you all want." "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR AN OCTOBER EVENT WITH A RETAIL VALUE OF SIX THOUSAND DOLLARS ($6,000.00). THAT THE AGREEMENT WOULD RELEASE THE CITY FROM ALL OBLIGATIONS OF COVERING ANY COSTS FROM THE JULY 4TH, 2006 PERFORMANCE; AND THAT THE CITY WOULD AGREE TO A - 2007 JULY 4TH EVENT THAT WOULD PROVIDE FOR A TEN PERCENT (10%) INCREASE IN SHOW QUALITY, SHELLS - PRODUCT - AND THAT THE CITY WOULD AGREE TO PAY UP TO FIFTY PERCENT (50%) OF THE RETAIL VALUE OF THAT SHOW UPON COMPLETION." DEPUTY MAYOR BLAKE CONTINUED, "AND THAT THE LETTER WOULD BE PART OF OUR QUARTERLY NEWSLETTER MAILING, THAT THE CONTRACTOR WOULD PICK UP." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. ..- ~ r-;--, ;: c:::. c:=:.. c:a.... &::::L.. -=-=: :..- ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE60F6 DEPUTY MAYOR BLAKE SAID, "I WOULD LIKE TO ASK IF THE CONTRACTOR FEELS THAT ALL THOSE TERMS ARE ACCEPTABLE." MR. SUTCLIFFE SAID, "WE WILL." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 6:31 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSIST ANT TO THE CITY CLERK ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. ... -. r--, ;: IlL -- ~ ,.... . r' . -C! :r-. ; :II CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING JUL Y 24, 2006 CALL TO ORDER The Special Meeting of Monday, July 24, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:02 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, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, arrived at 6:05 p.m. Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:05 p.m. The Pledge of Allegiance was followed by a moment of silence. Mr. Scott Phillips, with the Winter Springs Youth Sports team stated, "We're actually the State Runners-Up. We won our District and then - we made it all the way to our Championship game and lost the last game, but State Runners-Up is pretty good." Continuing, Mr. Phillips then said to the City Commission, "Basically we're looking to see if the City can help us out with our trip to Glen Allen [Virginia], it's quite a ways to Virginia." Furthermore, Mr. Phillips noted, "We're doing some fundraising and doing a few other things and since we're going to be representing the City of Winter Springs, we were curious if we could get any help from the Commission or the City to help us with our trip." Mayor Bush stated, "Commissioners, I have already given him a check tonight." Mayor Bush added, "I am sure that you will want to assist." Commissioner Donald A. Gilmore arrived at 6:05 p.m. City Attorney Anthony A. Garganese arrived at 6:05 p.m. Commissioner Sally McGinnis added, "If you would please leave an address with the City Clerk where we could send a check, I would appreciate that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE20F6 REGULAR AGENDA REGULAR 300. Office Of The City Manager Requesting The City Commission To Receive A Report From Matt Sutcliffe, President And Chief Operating Officer Of Premier Pyrotechnics, Regarding The July 4, 2006 Celebration Of Freedom Event. City Manager Ronald W. McLemore introduced this Agenda Item for discussion. Mr. Matt Sutcliffe, President, Premier Pyrotechnics, 25255 Highway K, Richland, Missouri: addressed the City Commission. With discussion, Manager McLemore remarked, "He is willing to go forward and do the July the 4th, [2006] show at no cost; to do another small level show of about five to six thousand dollars ($5,000.00 - $6,000.00) in value, between now and then, if we desired at no cost; and, we don't pay the company anything unless we're - totally satisfied after next year's event." Regarding a possible partial payment for the shells expended on July 4th, 2006, Mr. Sutcliffe said, "We're not requesting partial payment at this time. We're not requesting any payment at this time." Manager McLemore said, "Well, originally what I wrote to you did include that because I thought that was what you were requesting." Mr. Sutcliffe said, "Next year. At the end of next year's event, successful event. We don't want a check from you people. No matter what, we don't want a check from you." Further discussion. Mr. Sutcliffe said, "We have a plan in place that functions. I don't have a percentage of the time because I have one (1) time this year out of twenty-eight hundred (2,800) shows so far that it didn't work as intended. But, we have a plan in place where you call when at the arrival of the site. There's just a tremendous amount of regulatory catches along the way. The product arrives on the site, you put the check in for the security plan with the DOT (Department of Transportation). All of the issues that happened on this site, from our perspective as well as from the City's management folks, the day before and the day of, it was on track. I can't, I don't know how you deal with something like that any differentl y. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE30F6 Where the City employees came into play was about six o'clock the night of the show, at three (3) hours beforehand, the Supervisor decides that he's in trouble. Which, what we have pretty much determined on that, was - there's one hundred and one cases of shells and product to be dealt with on this show. At six o'clock, there was forty-one (41) still on the truck. I just don't know what to say about that. The bottom line is that forty percent (40%) of the show at three (3) hours beforehand hadn't been dealt with. Sixty percent (60%) had been in, the three (3) days prior." Deputy Mayor Michael S. Blake asked, "And I understand the difficulty of, and the difficult position you're in, having to stand before us because you were not on site, is that correct?" Mr. Sutcliffe said, "No, I wasn't. If I was on site, things would not have functioned the way they did." Deputy Mayor Blake then said, "One of the difficulties that I would have, as an Elected Official up here for the City of Winter Springs, and all the citizens that live here would be to give you another chance, just to have that fail. How can you give us some comfort there?" Mr. Sutcliffe said, "Well for one thing, we've already got a crew established that is not going to be this crew. In fact, most of the people involved in this probably won't ever come within fifty (50) miles of here again. Not on our company's part anyway. There is a senior crew staff that will be here. The same staff that's going to do - I didn't even have a chance to talk with Chuck (Pula, Director, Parks and Recreation Department), but the October ih event that's been tossed around, for a smaller event. It's just going to be a crew of folks that have done these on a regular basis." Discussion. Commissioner Robert S. Miller said to Mr. Sutcliffe, "And you're the man who's in charge of the corporation so all of these shows are done under your jurisdiction.. ." Mr. Sutcliffe said, "...Correct..." Commissioner Miller continued, "...Under your watch." Commissioner Miller noted, "The shows that you do then are subcontracted out to qualified people or teams, however you..." Mr. Sutcliffe said, ".. .No, that's actually one of the biggest issues." Continuing, Mr. Sutcliffe remarked, "One of the things that I had told Ron (McLemore) when it came to light, that there'd been a number of people on the site handling product that were not employee possessors, that's an A TF (Bureau of Alcohol, Tobacco, Firearms and Explosives) classification. We had to report that. We had to report that there was product left on the site unattended. The A TF (Bureau of Alcohol, Tobacco, Firearms and Explosives) actually came and looked at your site. They did their own investigation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE40F6 We had several internal components that had to kick in, but no actually, during the 4th of July week, our employee rolls, if you will, swell to a little over three thousand (3,000) people. Most of these folks are school teachers, doctors, attorneys, folks who have regular, you know, forty (40) hour week type jobs, and they take a week off in the summer to shoot fireworks." Commissioner Miller said to Mr. Sutcliffe, "If you were to be here next year, I think I would be really comfortable with that." Mr. Sutcliffe responded, "Me, personally? There will be a senior staff member, I cannot guarantee that I personally would be here. I'm sorry, I can't." Then, Commissioner Miller asked, "How many senior staff people do you have?" Mr. Sutcliffe said, "To meet that point, you have to have been with the company a minimum of three (3) years. You have to have produced at least twenty-two (22) productions." Manager McLemore said. "One of the things that we had talked about was your Regional guy was going to be here directing the show." With further discussion, Mr. Sutcliffe said, "While the weather may have had a slight impact throughout the two (2) days prior to this, that was not ultimately the failure. Ultimately the failure was the human element." Commissioner McGinnis said, "I personally would be comfortable going with your company again because I am sure you will do everything in your power to see that you are not embarrassed again." Commissioner McGinnis said, "I do like the idea that you would send a letter of apology to every resident in Winter Springs. That's important to me." Furthermore, Commissioner McGinnis said, "I am willing to give you another opportunity. It was a terrible thing. We were all embarrassed, but I am sure you will do everything in your power to see that next year, that we are more than happy." Mr. Sutcliffe said, "Yes, Ma'am. Thank you." Discussion. Manager McLemore said, "As I understand, after the July 4th show of this next year we owe you nothing, that's what you're saying?" Manager McLemore continued, "You're doing the next July 4th show free of charge for the City?" Mr. Sutcliffe said, "We're willing to obviously completely write off this year's event. We are willing to do the October, I think that date was 6th or 7th? I don't remember when it was, and we would ask the City to take into consideration compensation for a successful show next year. However - if you all feel like the way to approach that is, 'Y ou owe us a show next year too', then we're willing to do that. The bottom line is that there were hard expenses here, not just the product. The insurance for this event is in, the staff got paid, all of the transportation issues are here. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE50F6 Right now if we walked away from this, it's about a loss of around nineteen thousand dollars ($19,000.00). Send out a mailing, which 1 think you'd indicated would cost about four thousand dollars ($4,000.00). So right now, we're at twenty-three thousand dollars ($23,000.00) loss. Do a show on the 7th, another four thousand ($4,000.00) to five thousand dollars ($5,000.00). Do a free show next year. So, this is looking at somewhere between fifty-five [thousand dollars] ($55,000.00) and sixty thousand dollars ($60,000.00) of a loss to our company if we don't charge you anything for next year's show. And with that, you all seem to be pretty reasonable people, so I'll leave the decision to you. But, we certainly do not expect compensation for this year." Mr. Sutcliffe then said, "I guess what 1 would propose is somewhat of a hybrid of number 2. That we'd charge nothing for this year; provide a show in the six thousand dollar ($6,000.00) range for an October date that has yet to be determined exactly; and then enter into a Contract for next year's show based on performance. And if you don't get - the show that blows your socks off, you don't pay anything." Commissioner McGinnis said, "And what about a letter?" Mr. Sutcliffe said, "I don't have any problems sending out the letter. The other option would be to put something - put a comparable event, pay for the printing for a comparable event in this mailer that you all do." Mr. Sutcliffe said, "I think we need to communicate that this was no fault of the City of Winter Springs; that it was an event that occurred and we need to communicate what the resolution is. That is what 1 would like to see happen and 1 think that is what you all want." "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR AN OCTOBER EVENT WITH A RETAIL VALUE OF SIX THOUSAND DOLLARS ($6,000.00). THAT THE AGREEMENT WOULD RELEASE THE CITY FROM ALL OBLIGATIONS OF COVERING ANY COSTS FROM THE JULY 4TH, 2006 PERFORMANCE; AND THAT THE CITY WOULD AGREE TO A - 2007 JULY 4TH EVENT THAT WOULD PROVIDE FOR A TEN PERCENT (10%) INCREASE IN SHOW QUALITY, SHELLS - PRODUCT - AND THAT THE CITY WOULD AGREE TO PAY UP TO FIFTY PERCENT (50%) OF THE RETAIL VALUE OF THAT SHOW UPON COMPLETION." DEPUTY MAYOR BLAKE CONTINUED, "AND THAT THE LETTER WOULD BE PART OF OUR QUARTERLY NEWSLETTER MAILING, THAT THE CONTRACTOR WOULD PICK UP." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - JULY 24, 2006 PAGE 6 OF 6 DEPUTY MAYOR BLAKE SAID, "I WOULD LIKE TO ASK IF THE CONTRACTOR FEELS THAT ALL THOSE TERMS ARE ACCEPTABLE." MR. SUTCLIFFE SAID, "WE WILL." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 6:31 p.m. RESPECTFULLY SUBMITTED: D#-~IELLE HARKER, ASSIST ANT TO THE CITY CLERK APPROVED: NOTE: These Minutes were approved at the August 14,2006 Regular City Commission Meeting.