NORTH PORT CITY COMMISSION MINUTES OF REGULAR MEETING MONDAY, APRIL 8, 2013

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1 NORTH PORT CITY COMMISSION MINUTES OF REGULAR MEETING MONDAY, APRIL 8, 2013 PRESENT: Mayor Yates; ViceMayor Blucher; Commissioners Cook, and DiFranco; City Manager Lewis; City Attorney Robinson; City Clerk Raimbeau; Deputy City Clerk Adkins; and Police Chief Vespia. ABSENT: Commissioner Jones The North Port City Commission Regular Meeting was called to order in the City Chambers at 1:00 p.m. by Mayor Yates. The invocation was provided Pastor Keith Jones of Gulf Coast Assembly of God Church. The Allegiance led by the Commission. Mayor Yates acknowledged that Sarasota County Commissioner Christine Robinson was attending the meeting. APPROVAL OF AGENDA COMMISSION Discussion ensued: Commissioners DiFranco and ViceMayor Blucher agreed that Items 6.B and 6.C. should not be on the Agenda; (2) Mayor Yates stated that the City Attorney is under the Commission and can only be discussed at a Commission Meeting and does not support removing the item from the Agenda; (3) Mayor Yates stated that Item 6.C. is not regarding Commissioner Tom Jones, but rather is an Item brought up by the Charter Review Advisory Board and they are awaiting direction from the Commission to review the charter. In addition, it was noted that this item can only be discussed by the Commission at a Commission Meeting and that she is not in favor of removing this item from the Agenda. ViceMayor Blucher moved to pull Item 4.F., at the request of the City Manager; move Item 6.D. to directly follow Item 6.A.; and pull 6.B. and 6.C from the Agenda; seconded by Commissioner DiFranco. Motion carried on a (3 1) vote. Mayor Yates dissented for reasons stated above. 1. WELCOME OF NEW EMPLOYEES: A. Acknowledgement of new employees. (R. Carmichael) General Services Director Carmichael acknowledged the City's new employees. It was noted that the employees are filling vacant positions and new positions that are not part of the budget. 2. PROCLAMATIONS AND RECOGNITIONS: A. Proclamation for "Donate Life Month" April (Mayor Yates, Presenter) Mayor Yates read the proclamation into the record and it will be mailed to the recipient Commission Regular Meeting Minutes Page 1

2 B. Proclamation "National Public Safety Telecommunications Week" April 14thApril 20th, (Mayor Yates, Presenter) Commissioner DiFranco read the proclamation into the record and presented it to the Police Department Telecommunications Staff. C. Proclamation recognizing the month of April as "Go Green, Save Green" month and April 25, 2013 as "Try Transit Day." (Mayor Yates, Presenter) Commissioner Blucher read the proclamation into the record and presented it to Community Outreach Manager Bryce and Christine Diaz of Commuter Services for the Department of Transportation. 3. PUBLIC COMMENT: 1:19 p.m. 1:36 p.m. 4. CONSENT AGENDA: Commissioner Cook moved to limit debate to two speeches of 5 minutes each per Commissioner per item for the duration of the Meeting; seconded by Commissioner DiFranco. Motion carried unanimously. ViceMayor Blucher moved to approve Consent Agenda Items C and D and pulling Item 4.A., 4.B., 4.E., and 4.G for discussion; seconded by Commissioner Cook. Motion carried unanimously. A. Approval of Minutes for the February 27, 2013 Commission Workshop Meeting (H. Raimbeau) There were no questions from the Commission. Public Comment was held. ViceMayor Blucher moved to approve Consent Agenda Item 4.A., Minutes for the February 27, 2013 Commission Workshop Meeting; seconded by Commissioner Cook. Motion carried unanimously. B. Approval for appointment of Brian Damon as a resident appointed by the Commission. (H. Raimbeau) Discussion ensued: (1) Vice Mayor Blucher stated that the vacancy did not show on the City s Web Site and that there was another citizen who wished to submit an application. Thereafter, public comment was held. ViceMayor Blucher moved move item 4.B. for appointment of a resident to the Police Pension Board to the next Regular Meeting; seconded by Commissioner DiFranco. Motion carried unanimously. C. Approval to reappoint, as a ministerial duty, Howard Henriksen as the fifth Member of the Municipal Police Officers' Pension Trust fund Board of Trustees Chosen unanimously by the other four trustees. (H. Raimbeau) D. Approval of Contract No between the City of North Port and Harry's Painting & Enterprises, Inc. for existing Myakkahatchee Creek Water Treatment Plant repainting. (C. Mick) Commission Regular Meeting Minutes Page 2

3 E. Approval to accept the Gulf Coast Community Foundation grant in the amount of $5,000 for a City Commission Chambers hearing loop system. (S. Williams) City Manager Lewis provided an overview. There were no questions from the Commission and there was no public comment. ViceMayor Blucher moved to approve Item 4.E. accepting the Gulf Coast Community Foundation grant in the amount of $5,000 for a City Commission Chambers hearing loop system; seconded by Commissioner DiFranco. Motion carried unanimously. F. Approval of an Amendment to Use Agreement, changing the required meeting frequency for the North Port Performing Arts Center. (S. Williams) REMOVED FROM THE AGENDA G. Approval of the proposed Budget Calendar for Fiscal Year (P. Lear) City Manager Lewis provided a brief overview and requested that the June 18th Workshop be revised to occur between June 11 th 18 th. ViceMayor Blucher moved to approve Item 4.G.; seconded by Commissioner DiFranco Motion and second withdrawn ViceMayor Blucher moved to approve Item 4.G., the proposed Budget Calendar for Fiscal Year with one change that the June 18th Workshop will occur between the 11th 18th; seconded by Commissioner DiFranco. Motion carried unanimously. 5. RESOLUTIONS: A. Resolution No. 2013R06, accept, a Water and Sewer Easement from the Sarasota School Board to the City of North Port. (S. Williams) City Clerk read the Resolution into the record by title only; subsequently City Manager Lewis provided a brief overview. There were no questions from the Commission and there was no public comment. ViceMayor Blucher moved to approve Resolution No. 2013R06, accept, a Water and Sewer Easement from the Sarasota School Board to the City of North Port; seconded by Commissioner DiFranco. Motion carried unanimously. B. Resolution No. 2013R09, granting an access and utility easement to Florida Department of Agriculture and Consumer Services, Florida Forest Service. (S. Williams) Subsequent to City Clerk Raimbeau reading the Resolution into the record by title only, City Manager Lewis provided a brief overview. There were no questions from the City Manager and there was no public comment Commission Regular Meeting Minutes Page 3

4 ViceMayor Blucher moved to approve Resolution No. 2013R09, granting an access and utility easement to Florida Department of Agriculture and Consumer Services, Florida Forest Service; seconded by Commissioner DiFranco. Motion carried unanimously. C. Resolution No. 2013R13, repealing Resolution 2010R40, relating to the establishment of the Revolving Loan Guarantee Fund and the Loan Administration Committee. (A. Lane) After City Clerk Raimbeau read the Resolution into the record by title only, City Manager Lewis provided a brief overview. Discussion ensued and it was noted that the Commission had tried to come up with revisions and tweaks to make this program work, but it was in the citizen s best interest to discontinue the program. Commissioner Cook moved to approve Resolution No. 2013R13, repealing Resolution 2010R40, relating to the establishment of the Revolving Loan Guarantee Fund and the Loan Administration Committee; seconded by Commissioner DiFranco. Motion carried unanimously. Recess: 2:13 p.m. 2:23 p.m. 6. GENERAL BUSINESS: A. Discussion regarding Warm Mineral Springs Operation. (Mayor Yates) Mayor Yates passed the gavel to ViceMayor Blucher and provided a brief overview of this item. Discussion ensued: (1) it was suggested that the Commission may want to keep the springs open for swimming purposes only; (2) it was noted that the Commission does not know how the transition will take place once the agreement expires; (3) the City could have staff to collect the entrance fees and provide lifeguards; (4) it was explained that Cypress Lending is not running the operations for the City; (5) ViceMayor Blucher stated that he does not want the City or County to operate the Springs, even on the short term and is not in favor of the motion; (6) it was stated that there may not be time to have a Request for Proposal. There after public comment was held. Mayor Yates moved to approve moved to direct the City Manager to provide estimated cost for keeping the swimming open July 1, 2013 and provide information on how transition will take place including Items discussed today; seconded by Commissioner DiFranco. Motion failed on a (1 3) vote. Commissioner Cook, ViceMayor Blucher, Commissioner DiFranco dissented. B. Discussion regarding City Attorney Legal Services Contract. (Mayor Yates) REMOVED FROM THE AGENDA C. Discussion regarding City Charter provisions relating to vacancy of a Commission Seat. (Mayor Yates) REMOVED FROM THE AGENDA D. Discussion, and possible action, regarding directing the City Manager to negotiate a longterm lease of the Warm Mineral Springs Property with Cypress Lending. (Commissioner Cook) Commission Regular Meeting Minutes Page 4

5 Commissioner Cook provided an overview of Agenda Item 6.D. Discussion ensued: (1) a long term lease will allow the City to begin to receive some money back ; (2) this item addresses the preservation of the Springs, (3) Lessee must run water and sewer, maintain building; (4) it was stated that long term would mean 2025 years; (5) it was clarified that this is an item that could possibly be presented for the dispute resolution; (6) Mayor Yates and ViceMayor Blucher stated that they are not in favor of a Long Term Agreement; (7) Mayor Yates stated that she cannot support a lease without having a competitive process. There after public comment was held. Commissioner Cook moved to direct City Manager to negotiate a long term lease with Cypress lending for lease of the Warm Mineral Springs property with Cypress lending that provides for lease rate commensurate with the value of the property, that may also include a percent of the profits; the lease must contain provision for preservation of the springs and the environment of the springs and provide public access; the lease must have a provision for the lessee to provide water and sewer for the property at warm mineral springs at lessee's expense; lessee must rehabilitate the existing buildings at the lessee's expense; lessee at their own expense shall clean and restore the water quality of the springs by removing structures, tarps and other contaminants that are currently under the surface of the springs; lessee shall provide some accommodation for Steve Koski and Little Salt Springs to have and display artifacts the lease shall prohibit any additional expansion of the current footprint; City Manager shall report back to the Commission with a negotiated lease proposal within thirty days; seconded by Commissioner DiFranco. Commissioner Cook moved to amend the motion by adding the language and commit to a special workshop as soon as possible so we can address the concerns of the other Commissioners. The amendment died for lack of second. A vote was taken on the main motion and failed on a two to two (22) vote. Vice Mayor Blucher and Mayor Yates dissented for reasons stated above. ViceMayor Blucher moved to instruct the City Manager to notify the County of our desire to set up a short term lease with an interested third party and the lease must have a revenue sharing agreement; seconded by Commissioner DiFranco. Motion carried on a (3 1) vote. Mayor Yates dissented for reasons stated above. 7. PUBLIC COMMENT: 3:40 3:46 8. SCHEDULING OF WORKSHOPS: Mayor Yates Requested that the Items for Procedures and Meeting Minutes be combined into the Strategic Planning Session. 9. COMMISSION COMMITTEE AND BOARD REPORTS: Commissioner Cook reported on her recent Tour of the Phosphate Mines. Commissioner DiFranco reported that she has been sick for last three weeks and that the alternates had attended the Boards and Committee Meetings in her place. ViceMayor Blucher reported on his attendance at the Peace River Authority Meeting Commission Regular Meeting Minutes Page 5

6 Mayor Yates (1) reported on her attendance at the Community Conversations meetings held by the City Manager; (2) reported on the Telephone Town hall Meeting; (3) after reporting on the proposed training class from Manasota League regarding terrorism, the Commission expressed their interest and Mayor Yates will report back at the next meeting; (4) Mayor Yates reported that the Chamber of Commerce is requiring that she make an appointment to review the minutes from the Government Relations Committee and that they will be charging for the copies. 10. ADMINISTRATIVE AND LEGAL REPORTS: City Manager Lewis (1) announced that the Citizens Summit is scheduled for April 16, 2013; (2) reported that May 2 nd, will be the next Telephone Town hall Meeting with ViceMayor Blucher; (3) stated that Strategic Planning Session is scheduled for May 7, City Attorney Robinson provided an overview regarding the format and how the Meeting will operate for the Joint Meeting with Sarasota County. There may be an opportunity for breakout sessions that will be open to the public and the meeting can be continued. 11. ADJOURNMENT: Mayor Yates adjourned the Commission Regular Meeting at 4:21 p.m. CITY OF NORTH PORT, FLORIDA ATTEST: HELEN M. RAIMBEAU, MMC CITY CLERK BY: LINDA M. YATES, MAYOR Minutes approved at the Commission Regular Meeting this Day of Commission Regular Meeting Minutes Page 6