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HomeMy WebLinkAbout2010 05 17 City Commission Workshop MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES WORKSHOP MONDAY, MAY 17, 2010 - 6:00 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION WORKSHOP -MAY 17, 2010 PAGE 2 OF 7 CALL TO ORDER The Workshop of Monday, May 17, 2010 of the City Commission was called to Order by Deputy Mayor Rick Brown at 6:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed a moment of silence. Roll Call: Mayor John F. Bush, present via telephone Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Manager Kevin L. Smith spoke of a request that Mayor John F. Bush had received from the Seminole Leagues of Women Voters asking to hold a Candidate Forum in the City. Discussion followed whether this would be acceptable to the City Commission; partisan versus non -partisan issues; and where it could be held. Commissioner Sally McGinnis mentioned, "I thought we discussed having a Town Hall Meeting for Winter Springs Candidates, didn't we discuss that?" Mayor John F. Bush added, "Yes." Mayor Bush then remarked, "I thought that when we were going to do this, it was only for the City Candidates - for Election." Commissioner McGinnis agreed. Mayor Bush added, "I don't think we want to get involved in any other Election." Commissioner McGinnis stated, "Correct." Further comments followed related to the Seminole Leagues of Women Voters; that the Senior Center could be the venue for such a Candidate Forum; the email from the Seminole Leagues of Women Voters; and that partisan events should not be held in the Commission Chambers at City Hall. Commissioner Joanne M. Krebs suggested that as there cannot be a Vote tonight - this could be brought up at another Meeting. As to a date for a Candidate Forum, Deputy Mayor Brown said, "We could discuss it at our next Meeting." Commissioner Krebs said, "Yes." Deputy Mayor said to Manager Smith, "Do you want to make it an Agenda Item?" Commissioner Krebs said, "I think you should." No objections were voiced. Mayor Bush then said to City Clerk Andrea Lorenzo-Luaces, "Would you ask Kevin (Smith) then to contact them and let them know it will be on our Agenda?" City Clerk Lorenzo-Luaces stated, "Yes Sir." Next, Manager Smith commented on a meeting he had today related to the University of Central Florida Incubator and that they had approached Seminole County about additional funding for the next three (3) years; and noted "They have requested of the City, seventy-five thousand dollars ($75,000.00) per year over a three (3) year period. My response to them and my recommendation to you all is that we run this through our Budget cycle and if we're able to fund it at that time, then we do so. Additionally, they have asked for roughly thirty-two thousand dollars ($32,000.00) to carry them through the remainder of this year." Manager Smith then added, "I told them that I'd be happy to get them an audience on a future Agenda and agendaize this item for your consideration." No objections were noted. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION WORKSHOP -MAY 17, 2010 PAGE 3 OF 7 Deputy Mayor Brown remarked, "We haven't yet seen what we have asked for, from them." Continuing, Deputy Mayor Brown added, "We have asked them for some specific things they haven't produced." With further comments, Deputy Mayor Brown suggested, "One of the things that I would like to see them come back with or at least discuss with us, would be a plan of how we engage with them, if we decide to go forward on making sure that graduates have an incentive to locate in the City of Winter Springs." Commissioner Gary Bonner recommended, "Maybe there could be a process associated with this where LDI (Land Design Innovations, Inc.) could start to look at the Incubator participants, not only at the Winter Springs location, but perhaps across the whole portfolio of the Incubator and maybe we could start an outreach process where we are actually looking at them graduating from the Incubator; get a sense of the timing. UCF (University of Central Florida) — has a handle on that; and maybe start targeting folks that we can welcome to Winter Springs." Discussion followed on a session to be presented by the City of Winter Springs' City Commission at the upcoming Florida League of Cities Annual Conference and how to best work on this. Manager Smith remarked, "Staff intends, with your blessing, to put together an outline of what we see it looking like." City Clerk Lorenzo-Luaces inquired, "Would you all like an Agenda Item first, just to kind of go over the points..." Commissioner Krebs stated, "...Yes, I think we need that." Commissioner McGinnis mentioned her preference for a Workshop, and Deputy Mayor Brown agreed also. With further discussion, City Clerk Lorenzo-Luaces commented, "I could bring you back a basic Agenda Item next Meeting, then you could discuss it." As Deputy Mayor Brown would not be at the May 24, 2010 Regular Meeting, City Clerk Lorenzo-Luaces added, "I believe everyone will be back at the first Meeting in June — would that be better?" Deputy Mayor Brown said, "If that will give us ample time." City Clerk Lorenzo-Luaces stated, "I think so; and I will send you the information and anything else that we've come up with. Commissioner McGinnis sent a couple of other good ideas that we'll add to it. If you think of anything else in the meantime, let me know; and you could also decide on a Workshop date." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor And City Commission Recognizing Oviedo High School In Honor Of Their First Place Winning Character Key Entry In The Leadership Seminole Character Key Video Contest 2010. Deputy Mayor Brown commented on the Leadership Seminole Character Key Video Contest. Oviedo High School's winning Video was then shown. Next, Proclamations were presented to Oviedo High School. The recipients of the Proclamations were: students Ms. Allison Tate -Cortese, Mr. Dhruv Patel, Ms. Brittany Skeels, and their Video Production Instructor, Mr. Kyle Snavely. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP -MAY 17, 2010 PAGE 4 OF 7 REGULAR AGENDA REGULAR 600. Office Of The City Attorney And Office Of The City Manager Requesting The Commission To Review The Final Report And Associated Recommendations Of The Winter Springs Ad Hoc Charter Review Committee. City Attorney Anthony A. Garganese introduced this Agenda Item for discussion. With questions on the process, Attorney Garganese explained the procedure stating, "You have full discretion to dispose of the Report as the Commission deems fit. You can accept the recommendations; and if that's the case, you have to direct that the requisite Ordinances be prepared with appropriate Ballot language which would then be Approved at subsequent City Commission Meetings. If you don't like something, one of the recommendations, then the Commission can reject it, no questions asked and that issue will die and not be proposed to the Voters. So, you have the full discretion on any of the changes and also if you think there is something — a recommendation by the Committee on the face looks okay but needs modification, you're free to modify a recommendation if you choose to modify it." Commissioner Jean Hovey noted, "ARTICLE IV. GOVERNING BODY under (b), the last sentence — `Such application shall'; I think we are missing the word `be' filed." Mr. Charles Lacey, Chairperson of the Winter Springs Ad Hoc Charter Review Committee began a PowerPoint presentation about the Winter Springs Ad Hoc Charter Review Committee Members and their recommendations. Manager Smith remarked, "I do think it is important to note, you did offer the opportunity for Public [Input], both at the beginning and the end." Chairperson Lacey acknowledged this and continued with his presentation. Discussion followed on the recommendations from the Winter Springs Ad Hoc Charter Review Committee and addressing these Section by Section. Attorney Garganese addressed Section 2.03. Annexation Procedure. and stated that in terms of traditional Annexation requirements, having them in the Charter is really not appropriate when "Annexations are governed by State Law; better off just referencing the State Law." Commissioner McGinnis said, "I agree." Commissioner Krebs also remarked, "I agree." No objections were voiced. With further comments on handling superfluous language, Attorney Garganese added, "We should lump together similar issues like `Housekeeping' issues and you could _ propose the `Housekeeping' issues in one (1) Ballot question." Chairperson Lacey commented, "Under the scenario of a Mayor who Votes, the first question to be determined is that it would create six (6) people on the dais. How do you go about breaking ties? So the Committee looked at different structures of government including selecting the Mayor from among Commission Members; different methods of electing the Mayor and they concluded — I think it was a unanimous Vote — that the Mayor should continue to be Elected at large; but the number of City Commission Districts should be reduced from five (5) to four (4) creating a total of five (5) Voting Members on the dais; four (4) City Commissioners and one (1) Voting Mayor." Deputy Mayor Brown stated, "I am adamantly opposed to both areas of this one." Commissioner McGinnis said, "I am too." Commissioner Krebs remarked, "Me too." Further discussion followed on breaking tie Votes. Winter Springs Ad Hoc Charter Review Committee Member Bill Poe commented on the Mayor saying he did not need to Vote. Deputy Mayor Brown spoke for the Record about Committee Member Poe's remarks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP — MAY 17, 2010 PAGE 5 OF 7 Tape 1/Side B Attorney Garganese then said, "If the Commission wants to keep same composition, the same number of Districts, the only remaining issue is the Mayor's Veto power — status quo where he only has the ability to Veto Ordinances, or should the Mayor have the ability to Veto Resolutions?" Commissioner Krebs stated, "I am fine with status quo." With discussion on hiring and firing of Charter Officers, Deputy Mayor Brown asked, "Will these come back in a Regular Meeting for us to Vote on?" Attorney Garganese responded, "Yes. We just need direction from you tonight and if you say `Yay' on some of these items, then we're going to go back and do all the technical work and present them to you separately by Ordinance." Deputy Mayor Brown commented, "Personally, I would like to see status quo with the increased Veto power to exclude Budget Resolutions and terminations." Budget related Resolutions were addressed next. Attorney Garganese remarked, "Could I get direction on the Veto?" Attorney Garganese added, "I have got Consensus on the composition and keeping the Mayor as is..." Commissioner Krebs commented, "...I am status quo for that." Deputy Mayor Brown asked, "On all of it? .On the Veto as well?" Commissioner McGinnis stated, "Yes." Commissioner Krebs remarked, "I am." Deputy Mayor Brown then stated, "I would be for increasing it to Resolutions as well, but excluding Budget and terminations." Commissioner Krebs commented, "I totally agree with that part." Deputy Mayor Brown asked Commissioner Krebs, "Increasing the Resolutions?" Commissioner Krebs responded, "No, not increasing Resolutions but - if the Consensus of this Commission was to do that, then not to Budget and not to what we just discussed." Commissioner Bonner noted, "I am willing to explore the expansion." Discussion followed on Veto situations including Vetoing Resolutions. Commissioner Krebs suggested that if Mayor Bush has some concerns, that he suggest a `Motion To Table' so the City Commission could further discuss an issue that might need to be further considered. Commissioner Bonner said to Attorney Garganese, "Status quo." Section 4.01(b) was addressed next and Attorney Garganese commented on qualifications and noted, "The Committee's recommendation is that those provisions currently in the City Code, 2-87. be brought into the City Charter verbatim." Deputy Mayor Brown remarked, "I would definitely support that." Commissioner McGinnis and Commissioner Krebs commented, "Yes." No objections were voiced. Discussion followed on certifying Election results and newly Elected Officials being able to take Office. Commissioner Krebs noted, "I am all for seating them as — quickly as possible." Deputy Mayor Brown added, "Yes, me too." Commissioner Bonner said, "Likewise." Commissioner Hovey commented, "Me too." No objections were voiced. Attorney Garganese asked, "You like those two (2) recommendations, 6. and 7.?" Deputy Mayor Brown and Commissioner Krebs stated, "Yes." No objections were noted. Chairperson Lacey explained, "The Charter says that for the Clerk and for the Attorney, the nomination, not the Vote, just the nomination may be by either the Mayor or one (1) of the Commissioners. For the Manager, only by a Commissioner." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - MAY 17, 2010 PAGE 6 OF 7 Regarding the hiring and dismissal of Charter Officers, Deputy Mayor Brown commented, "I liked it the way we sent it to the Committee with a super majority to hire and a simple majority to terminate." With further discussion, Commissioner Bonner summarized, "The way that Commissioner Brown put it — a super majority to hire because obviously, when you are making a hiring decision, that is a very, very, very important change to our City, but a simple Majority to fire." Deputy Mayor Brown nodded. No objections were voiced. Deputy Mayor Brown suggested, "I think we can probably word that in good English." Commissioner McGinnis commented, "I think you could." Commissioner Krebs asked, "Are we going send something out that explains the - rationale behind all of these changes or in fact like the four -one (4-1) and three —two (3-2)?" Deputy Mayor Brown suggested, "Maybe if we produce that document, we can also advertise it on the sign to stop into City Hall and pick one up?" Commissioner Krebs stated, "Good idea." No objections were voiced. Attorney Garganese asked, "Consensus for supermajority to hire, majority to terminate?" Commissioner McGinnis said, "Okay." Deputy Mayor Brown summarized, "Consensus, yes. Four (4) in, three (3) out." Next, Attorney Garganese addressed the City Clerk's section and stated, "Establishing the City Clerk's compensation, that is established by the Commission. The Committee felt that it was appropriate to basically memorialize past practice of the City Commission on that issue." No objections were noted. Chairperson Lacey brought up Section 4.11., and said, "This is a technical correction to bring it up to date with Florida Law to change the period from ninety (90) days to sixty (60) days..." Commissioner Krebs commented, "...1 agree." Commissioner McGinnis said, "Good." There were no objections voiced. Next, continuing with discussion on the Final Report, Chairperson Lacey commented on 11. and said, "The Audit question and the recommendation was simply to move it to another section where it was more appropriate in the financial section." Commissioner Krebs and Commissioner McGinnis stated, "Okay." No objections were noted. Discussion followed on Section 4.15. (Emergency Ordinances.), Attorney Garganese explained, "What the Committee is recommending, is that the City put into the Charter a sixty (60) day limitation on how long an Emergency Ordinance stays in effect. That would not limit the ability of the Commission to re-enact but at least put a sunset provision by Law in the Charter." Deputy Mayor Brown remarked, "I like it." Commissioner McGinnis said, "That is good." There were no objections voiced. Next, Chairperson Lacey stated that "The Committee was always looking to convey power and authority to the Elected Officials through the Commission. They looked at all the enumerated powers, of which there are nine (9), for the City Manager and said that in the interest of — as pure representative government as we can achieve, that the City Manager should have no enumerated powers and only be able to conduct his Office in accordance with the will of the City Commission. So, rather than by Charter, saying he has these nine (9) things he must do or may do, he would rely upon delegation of that authority from the City Commission." Commissioner McGinnis was not in agreement. Deputy Mayor Brown and Commissioner Krebs stated, "I don't like that." Commissioner Bonner remarked, "The simple majority to fire will probably balance that out." Deputy Mayor Brown summarized, "I think you have Consensus to strike that one." Discussion. Related to item 16. from the Final Report, Chairperson Lacey noted, "The Charter requires the City Attorney to perform all duties representing the City in legal matters. And obviously there are Cases where it may be a conflict or simply because of expertise, he outsources that; so we thought the word `all' should be stricken." Commissioner Krebs remarked, "Okay." Commissioner McGinnis said, "Good." There were no objections voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP — MAY 17, 2010 PAGE 7 OF 7 Section 7.07 was addressed next. Manager Smith commented on this Section and the proposed recommendations. Deputy Mayor Brown suggested to the City Manager, "Maybe when you do your Quarterly Reviews, maybe list out the Transfers that have occurred." Manager Smith noted, "I have absolutely no problem giving you as many Reports as you want." Tape 2/Side A Commissioner Krebs commented, "Part of our powers are to set Policy and we could easily set a Policy on - how it would be for you to handle it and how you notify us of those transactions." Deputy Mayor Brown remarked, "Good." Commissioner Krebs noted, "I am perfectly happy with setting that Policy..." Deputy Mayor Brown summarized, "...I believe that is Consensus to not incorporate - the changes to 7.07". Commissioner McGinnis stated, "Yes." Chairperson Lacey commented next, "ARTICLE III. and ARTICLE XII. both refer to Powers of the City and we're recommending that language from ARTICLE XII. be merged into ARTICLE III., and ARTICLE XII. deleted." Commissioner Krebs suggested this be addressed under cleaning up the language. Deputy Mayor Brown and Commissioner Krebs stated, "Okay." There were no objections noted. Continuing, Chairperson Lacey remarked, "The last one that is pertinent now is there are some non -gender neutral phrasing in the Charter so we recommended a general clean-up of it to take those out." Commissioner Krebs and Commissioner McGinnis remarked, "Okay." No objections were voiced. Chairperson Lacey and the Winter Springs Ad Hoc Charter Review Committee were thanked for their assistance. Discussion followed on when the Winter Springs Ad Hoc Charter Review Committee would be sunsetted and Attorney Garganese noted, "We'll have a Resolution dismissing them formally at the next Meeting." Deputy Mayor Brown and Commissioner Krebs said "Yes." There were no objections noted. Commissioner McGinnis asked Attorney Garganese, "Are you the one that is going to be drafting the language for the Amendments?" Attorney Garganese responded, "Yes — for your Approval of course." Commissioner Hovey added, "And then you will give us some of the talking points so when we are out in the community we can give them the information?" Attorney Garganese noted, "Yes, that is something the Commission can put together. We can put together some documents for you. Keep in mind, under the new Law, the Commission can't spend any money to advocate as a Body, Referendums; but you certainly can put out information." Discussion. ADJOURNMENT Deputy Mayor Brown adjourned the Workshop at 7:41 p.m. RESkTFUI;�UBMMTED: i ND A LORENZO-LUACES, MMC CITY ERK Z �. MA R JOHN F. BUSH NOTE: These Minutes were approved at the June 14, 2010 City Commission Regular Meeting.