NORTH PORT CITY COMMISSION MINUTES OF REGULAR MEETING MONDAY, DECEMBER 10, 2012

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1 NORTH PORT CITY COMMISSION MINUTES OF REGULAR MEETING MONDAY, DECEMBER 10, 2012 PRESENT: Mayor Yates; Vice-Mayor Blucher; Commissioners Cook, DiFranco, and Jones; City Manager Lewis; City Attorney Robinson; City Clerk Raimbeau; Deputy City Clerk Adkins; and Police Chief Vespia. 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 by Father Patrick Organ of San Pedro Catholic Church. The Pledge of Allegiance was led by the Commission. APPROVAL OF AGENDA: Discussion ensued regarding removing Item 7.B.: (1) it was stated that the Item had been vetted during the November 26, 2012 Meeting and does not need to be discussed tonight; and that the Commissioner who had placed the item on the Agenda was not on the prevailing side of the vote, but would be ok if one of the Commissioners on the prevailing would like to place it back on the agenda to follow procedure; (2) Commissioner Yates stated that the Item was not on the November 26, 2012 Agenda and there was no discussion on this issue, discussion was only held on the Item regarding the notice of the election; (2) Attorney Robinson clarified that this item came up during the discussion of the notice of the election and that the dissenting vote stated the reason that this issue regarding the error in the ballot question was not included in the motion; (3) Attorney Robinson stated that if the Commission wishes to discuss the issue again someone from the prevailing side can make a motion to reconsider and it can be added to this agenda; (4) Mayor Yates stated that the Item is on the Agenda and this item was not discussed at all on the November 26, 2012 Agenda and if there had been discussion then the Commission would know her reasons for wanting action on the Item, there was no legal opinion on this issue at that time; (5) Commissioner Jones and Vice-Mayor Blucher stated that in their opinion the item has been addressed; (6) Attorney Robinson stated that Roberts Rules are clear that there would need to be a Motion to Reconsider, but it is the prerogative of the Commission as to whether or not to follow Roberts Rules; Commissioner Jones and Mayor Blucher stated that they have no problem discussing the item but want to make sure the procedure for doing so is correct. Vice-Mayor Blucher moved to approve the Agenda removing Item 7.B.; seconded by Commissioner Jones. Motion carried on a (4-1) vote. Mayor Yates dissented stating the reason that the Item has not been addressed. Commissioner Jones moved to have discussion, and possible action, relating to the November 6, 2012 election ballot summary for question 2 regarding District Residency Requirement; seconded by Commissioner DiFranco. Motion carried unanimously. Commissioner Jones moved to put the Item, discussion, and possible action, relating to the November 6, 2012 election ballot summary for question 2 regarding District Residency Requirement as Item 7.B. on the Agenda; seconded by Commissioner DiFranco. Motion carried on a four to one (4-1) vote. Vice-Mayor Blucher dissented stating that his reason is that in his opinion to follow proper procedure, it should be brought back at the next meeting. 12/10/2012 Commission Regular Meeting Minutes Page 1

2 1. WELCOME OF NEW EMPLOYEES: A. Acknowledgement of new employees. (S. Borgsdorf) General Services Director Borgsdorf acknowledged the City s newest employees. 2. PROCLAMATIONS AND RECOGNITIONS: A. Plaques to be presented to former Commissioners David J. Garofalo, Sr. and Michael R. Treubert in recognition of their service as North Port City Commissioners from (Mayor Yates, Presenter) Mayor Yates read the Plaque into the record and presented it to former Commissioner Treubert and Commissioner Garofalo's plaque will be mailed to him as he was not present at the meeting. B. Recognition of the City of North Port for being ranked 3rd nationwide in the 12th Annual Digital Cities Survey in the 30,000-74,999 population category. (Mayor Yates, Presenter) Mayor Yates read the certificate into the record and presented it to the IT Department. C. Proclamation recognizing General Services Director Sherry Borgsdorf for her years of service and dedication to the City of North Port. (Mayor Yates, Presenter) Vice-Mayor Blucher read the proclamation into the record and presented it to General Services Director Sherry Borgsdorf. City Manager Lewis presented it to General Service Director Borgsdorf with a plaque for her service to the City of North Port.. 3. PRESENTATIONS: A. Departmental Presentation. (K. Vespia) There is no backup material for this item. Police Chief Vespia provided a departmental update. 4. PUBLIC COMMENT: 6:57 p.m. 7:01 p.m. 5. CONSENT AGENDA: Commissioner Cook moved to approve Consent Agenda items 5.A., 5.B., 5.D., 5.E., 5.F., 5.G., and Item 5.I., pulling Item 5.C., and 5.H. for discussion; seconded by Commissioner DiFranco Motion carried on a (4-1) vote. Commissioner Jones dissenting, stating that it is not correct procedure for the Mayor to state the motion that she will entertain, the Mayor should pass the gavel and make the motion. 12/10/2012 Commission Regular Meeting Minutes Page 2

3 A. Approval of Minutes for the November 26, 2012 Commission Regular Meeting and the November 14, 2012 Commission Special Meeting. (H. Raimbeau) B. Approval for reappointment of Darryl Denson as a Building Industry Representative Member to the Contractors' Licensing and Advisory Board. (H. Raimbeau) C. Approval of the 2013 recommended slate of Business and Economic Development Advisory Board. (A. Lane) City Manager Lewis provided an overview of the list and stated that the process has been followed according to the Ordinance that was adopted by the Commission regarding the make-up of the Business and Economic Development Advisory Board (BEDAB). City Manager Lewis requested that his name be removed as a voting member. Discussion ensued (1) Mayor Yates expressed concerns regarding the Members of the Board serving on other Economic Boards and potential Sunshine Law violations and concerned about Commissioners serving on the Board; (2) subsequent to a question, City Manager Lewis stated that he or his designee will still be attending the meetings, he will just be voting; (3) subsequent to a question, City Manager Lewis stated that he would need to review if the Commission would need to appoint another member to replace him on the Board; (4) Commissioner Yates stated that she is concerned about limiting talented people from having Economic Development conversations because they are members of BEDAB; (5) Commissioner Yates stated that she would like to see another slate of Members, not only for the protection of the City, but for the protection of the individuals serving on the board; (6) Vice-Mayor Blucher stated that any board has the possibility of a Sunshine Law violation, and that this board is not at any higher risk; (7) it was noted that this Board has done a lot for the City of North Port; (8) Commissioner Jones stated that he is not in favor of changing the make-up of the Board members; (9) City Manager Lewis explained that if the slate of members is not approved than there will be no board, since the 2012 expires. It was also explained that the Ordinance may need to be amended to change the make-up of the board members; (10) Mayor Yates expressed concern that Members attending other meetings outside of the BEDAB Board would be in violation of the Sunshine Law; (11) Commissioner Jones stated that the meetings are publically advertised and is not in favor of suspending the Meetings. Vice-Mayor Blucher moved to approve the 2013 recommended slate of Business and Economic Development Advisory Board with removal of the City Manager; seconded by Commissioner Jones. Motion carried on a (3-2) vote. Mayor Yates and Commissioner DiFranco dissented. Commissioner Yates dissented for reasons stated above, and Commissioner DiFranco dissented stating that she was in agreement with Commissioner Yates. Commissioner Cook moved to reconsider Item 5.C. The Motion died for lack of second. After the recess held from 4:29 p.m. 4:46 p.m. the following actions occurred on Item 5.C. Commissioner Cook moved to reconsider Item 5.C. Approval of the 2013 recommended slate of Business and Economic Development Advisory Board.; seconded by Commissioner DiFranco. Motion carried on a (3-2) vote. Vice-Mayor Blucher and Commissioner Jones dissented with no reasons stated. Commissioner Cook moved to strike the slate of Member as it stands and have a new slate entered in its stead; the motion died for lack of second. 12/10/2012 Commission Regular Meeting Minutes Page 3

4 Mayor Yates moved to direct the BEDAB Board to present a new slate of Members for 2013, those of which are not affiliated with other Economic Development Boards privately or any other private entity that entertains Economic Development; seconded by Commissioner DiFranco. Mayor Yates withdrew the motion and Commissioner DiFranco withdrew the second. Mayor Yates moved to approve the slate of BEDAB Members for 2013 as presented with the removal of the City Manager and to direct that no meetings be held until the Commission has a Workshop regarding the BEDAB Board; seconded by DiFranco. Motion carried on a (3-2) vote. Vice-Mayor Blucher and Commissioner Jones dissented. Commissioner Jones stated that he is opposed and that the meetings are noticed and not in violation of the Sunshine Law, Vice-Mayor Blucher stated that there has never been one complaint about Sunshine Law Violation, and that any board has the possibility of having a Sunshine Law Violation and encourage the other Commissioner to talk to the City Manager regarding the benefit of having this board. D. Approval of the October 2012 Cash Receipts Summary Report. (P. Lear) E. Approval of Amendment No. 3 to Agreement No with McKim and Creed for additional professional services related to the Reverse Osmosis Water Treatment Plant in the amount of $48, (C. Mick) F. Approval of Contract No with D.R. Swanson Company for the construction of the Northwest Transmission Loop II project in the amount of $676, plus a contingency amount of $45, for a total of $721, (C. Mick) (Contract Number corrected by City Manager from to ) G. Approval of sole source purchases of AMR water meters from Sunstate Meter & Supply, Inc., for a not to exceed amount of $326,250 for FY (C. Mick) H. Approval to use a contract of a joint cooperative, the National Joint Powers Alliance (NJPA) to purchase a Directional Drill Rig from Vermeer Southeast Sales & Service, Inc. for a total purchase price of $320, (C. Mick) City Manager Lewis provided an overview regarding the request to use a contract of a joint cooperative, the National Joint Powers Alliance (NJPA) to purchase a Directional Drill Rig from Vermeer Southeast Sales & Service, Inc. Discussion ensued: (1) subsequent to a question, City Attorney stated that he reviewed and compared the process when the National Joint Power Alliance membership was approved, and he reviewed this contract; (2) Subsequent to a question, City Manager Lewis clarified that purchasing this equipment will give the City the ability to use a directional drill rig to either add new lines in certain areas of the City or other work that we may have to do; (3) it was noted that the City currently has more water customers than it does sewer customers; (4) subsequent to a question, City Manager Lewis explained that the City will train people to use the equipment internally, that there is no certification required, that the contract includes unlimited training from Vermeer and that at this time additional staff will not be required; (5) it was clarified that the City will not be digging wells for citizens; (6) subsequent to a question, it was noted that we do have staff that has used Directional Drill Rigs, but they will be receiving training; (6) it was explained that this piece of equipment has been rented several times in the past year; (7) it was noted that this is a very good buy and an opportunity to expand the potable water connections in house; (8) Commissioner Yates stated that she is not comfortable with the procedure used 12/10/2012 Commission Regular Meeting Minutes Page 4

5 for this purchase and has concerns with binding and commitment of the City using the bids from the National Joint Powers Alliance (NJPA). There was no public comment. Vice-Mayor Blucher moved to approve to use a contract of a joint cooperative, the National Joint Powers Alliance (NJPA) to purchase a Directional Drill Rig from Vermeer Southeast Sales & Service, Inc. for a total purchase price of $320,634.00; seconded by Commissioner Jones. Motion carried on a (3-2) vote. Mayor Yates dissented for reason stated above; Commissioner Cook dissented with no reason stated. I. Approval of Pre-Annexation Agreement for Dollar General, Petition No. GEN (S. Williams) 6. PUBLIC HEARINGS: A. Ordinance No , first reading, Petition Number ANX , for a voluntary annexation of lots 1, 2, 3, and 4 of Warm Mineral Springs Subdivision, Unit 90. (S. Williams) Vice-Mayor Blucher moved read Ordinance No by title only; seconded by Commissioner Jones. Motion carried unanimously. The Commission was in agreement to have Items 6.A., 6.B., and 6.C. combined for presentation purposes. City Clerk Raimbeau as a Notary Public for the State of Florida swore in all those wishing to provide testimony on Item 6.C. as a quasi-judicial proceeding. All five Commissioners disclosed that they have had communications with Neighborhood Services Director Williams and City Planner North City Planner Norton provided an overview of Ordinance No , Ordinance No and Ordinance No Discussion ensued: (1) subsequent to a question, it was reported that Sarasota County has been supportive of the petition; (2) it was noted that the lights on property fronting U.S. 41 will be directed down and have a full cut-off feature; (3) it was noted that there are no plan to put buildings on adjacent property; (4) the access road will continue to be open and a traffic analysis was done for the project and no issues are foreseen. Thereafter, public comment was held. Commissioner Jones moved to continue Ordinance No to the January 28, 2013 Commission Regular Meeting for second reading; seconded by Commissioner Cook. Motion carried unanimously. B. Ordinance No , first reading, Petition Number CPA , for a small scale Comprehensive Plan Future Land Use Map (FLUM) Amendment pertaining to lots 1, 2, 3 and 4 of Warm Mineral Springs Subdivision, Unit 90. (S. Williams) The Presentation and questions provided for Item 6.A., applies to Item 6.B. Commissioner Jones moved read Ordinance No by title only; seconded by Vice-Mayor Blucher. Motion carried unanimously. 12/10/2012 Commission Regular Meeting Minutes Page 5

6 Commissioner Jones moved to continue Ordinance No to the January 28, 2013Commission Regular Meeting for second reading; seconded by Vice-Mayor Blucher. Motion carried unanimously. C. Ordinance No , first reading, Petition Number REZ , for rezoning of lots 1, 2, 3,and 4 of Warm Mineral Springs Subdivision, Unit 90. (S. Williams) Quasi-Judicial The Presentation provided for Item 6.A., applies to Item 6.B. Those wishing to provide testimony were sworn in at the beginning of the presentation under Item 6.A. Vice-Mayor Blucher moved read Ordinance No by title only; seconded by Commissioner Jones. Motion carried unanimously. Vice-Mayor Blucher moved to continue Ordinance No to the January 28, 2013 Commission Regular Meeting for second reading; seconded by Commissioner Jones. Motion carried unanimously. D. Petition No. DMP , Sarasota County School Board request to build a South County Bus Depot. (S. Williams) Quasi-Judicial City Clerk Raimbeau as a Notary Public for the State of Florida swore in all those wishing to provide testimony for Petition No. DMP All five Commissioners disclosed exparte communications with Ken Marsh and Jane Goodwin, Representatives of the Sarasota County School Board and provided brief descriptions of their conversations. City Manager Lewis, Neighborhood Development Services Director Williams and City Planner McKeathon provided an overview of Petition No. DMP Discussion ensued: (1) concerns were expressed regarding traffic floor on Citizens Parkway and moving out on to Toledo Blade and Price Boulevard, especially for Emergency Vehicles; (2) it was requested that the School Board be responsible for maintaining Citizens Parkway; (3) it was noted that the City of North Port does not own Citizen Parkway, it is owned by the Activity Center 5 Association; (4) Fire Chief Taaffe confirmed that Emergency Vehicles can move through the roads safely in an Emergency and that there is a plan to eliminate the curbs in the future; (5) the Bus Depot would not be subject to Road and Drainage assessments unless the School Board Agreed; (6) it was clarified that the City Commission does not have the authority to disapprove the School Boards plan; (7) currently the traffic does not warrant placing a light on Citizens Parkway; (8) concerns regarding increase in traffic on Toledo Blade; (9) concerns were expressed regarding this property being taken off the tax rolls and the possibility of payment in lieu being agreed upon by both parties in the future. Thereafter, public comment was held. Commissioner Jones moved to approve Petition No. DMP with conditions of approval listed in attachment 3, plus the condition that the School Board has talks with the City Manager concerning the future maintenance of Citizen Parkway; seconded by Mayor Yates. Motion carried unanimously. Recess: 4:29 p.m. - 4:46 p.m. 7. GENERAL BUSINESS: A. Discussion, and possible action, pertaining to the recommendations made by the Art Advisory Board and the Parks and Recreation Advisory Board regarding the City's Participation in Viva Florida, the State's 500 Year Anniversary Celebration in (E. Bryce) 12/10/2012 Commission Regular Meeting Minutes Page 6

7 City Manager Lewis, Community Outreach Manager Bryce, North Port Art Advisory Board Member Delores Pataky and Parks and Recreation Advisory Board member Andy Gerberich provided recommendations regarding the City s Participation in Viva Florida, the State s 500 Year Anniversary Celebration in Discussion ensued: (1) it was noted that it would be preferable for the events and celebrations to be spread throughout the year; (2) it was suggested that the two boards continue on their own and incorporate the Viva Florida 500 into their events; (3) it was suggested that all children of all ages be included in the Art Contest; (4) There was a consensus for The Art Advisory Board and the Parks and Recreation Advisory Board to each work independently to incorporate the Florida Viva 500 theme in the activities and events that the City holds. 5-0 B. Discussion, and possible action, relating to the November 6, 2012 election ballot summary for question 2 regarding District Residency Requirement. (Mayor Yates) Discussion ensued regarding the November 6, 2012 election ballot summary for question 2 regarding District residency Requirement: (1) Commissioner Yates stated that it is her opinion that since the City knows about the error in the language on the ballot it should be addressed and the Commission should take action; (2) City Attorney Robinson stated that it is his opinion that it is a scriveners error and is not fatal to the election: (3) Commissioner Yates noted that it is her opinion that it is not a typo, and that the Attorney previously made the recommendation to put those to words in because he wanted to make sure it was clear and the public was not misled; (4) Vice-Mayor Blucher opined that the City should take no action on this issue; (5) Commissioner Jones stated that it is opinion that the City had a valid election and that the City should not take action on this item; (6) it was clarified that if the Election is upheld, the Commissioners could take action on this issue at a later date; (7) subsequent to a question from Commissioner Cook, City Attorney Robinson stated that would cost $ for the filing fee and approximately $15,000 if the law suit is uncontested; (8) City Attorney Robinson stated that he does not believe the City is under any specific statute of limitations, but it is opinion that if the City is going to take action on this issue than they should do it now. There was no public comment. Mayor Yates moved that the City Attorney incorporate into the current declaratory judgment this issue of the error in the District Residency Requirement, question #2 on the November 6, 2012 Election Ballot; The motion died for lack of second. C. Discussion, and possible action, regarding agenda items and supporting information for a requested joint meeting with Sarasota County Commission regarding Warm Mineral Springs and recommendation of an RFP for a short term concessionaire agreement. (Mayor Yates) Discussion ensued: (1) Commissioner Cook suggested that the timeline should be slowed down; (2) it was suggested that a Workshop be held; (3) Commissioner DiFranco stated that she would like to see an independent professional scientist or environmentalist on the Selection Committee; (4) Commissioner Yates submitted a list of objections (attached) Thereafter public comment was held. There was a consensus to continue the Warm Mineral Springs discussion to tomorrow December 11, 2012, changing the Agenda and moving the items on the Agenda to a future Workshop, changing the Meeting from a Workshop to an Emergency Meeting to begin at 2:00 p.m. 8. PUBLIC COMMENT: There was no public comment. 12/10/2012 Commission Regular Meeting Minutes Page 7

8 9. SCHEDULING OF WORKSHOPS: Commissioner Blucher: requested that the workshop regarding the BEDAB Board be scheduled before March. Commissioner Jones: requested a workshop regarding Commission procedures. Mayor Yates: - requested a Commission Retreat City Manager Lewis stated that there will probably have to additional Workshops added and suggested that the Commission hold a Citizen Summit as planned for Citizen input on the Strategic Plan. Commissioner Blucher requested to continue to have Workshops on last Friday of the month. 10. COMMISSION COMMITTEE AND BOARD REPORTS: Commissioner Jones: reported that he presented North Port Legislative Priorities today before the Sarasota County Legislative Delegation and that they were fairly well received. 11. ADMINISTRATIVE AND LEGAL REPORTS: 12. ADJOURNMENT: Mayor Yates adjourned the Commission Regular Meeting at 8:14 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 /10/2012 Commission Regular Meeting Minutes Page 8