NORTH PORT CITY COMMISSION MINUTES OF REGULAR MEETING JANUARY 14, 2013

NORTH PORT CITY COMMISSION MINUTES OF REGULAR MEETING JANUARY 14, 2013 PRESENT: Mayor Yates; Vice-Mayor Blucher; Commissioner Cook, Commissioner DiFranco, City Manager Lewis; City Attorney Robinson; City Clerk Raimbeau; Deputy City Clerk Adkins; and Police Captain Siriani ABSENT: Commissioner Jones Commissioner Yates stated that Commissioner Jones is absent due to a Medical Condition and that the City does not currently have any information regarding his condition. 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 Reverend Edward DeJesus Jr. of New Hope Community Church The Pledge of Allegiance was led by the Commission. APPROVAL OF AGENDA - COMMISSION Vice-Mayor Blucher moved to approve the Agenda as presented; seconded by Mayor Yates. Motion carried on a (3-1) vote. Commissioner DiFranco dissented, stating that she was going to make a motion to remove a couple of items from the General Business portion of the Agenda. City Manager Lewis provided information regarding a survey that is being passed out at today s meeting regarding adding a hearing device to the City Chambers. City Manager Lewis announced that the City is holding a Public Meeting January 16, 2013 5:00 7:00 p.m. regarding the final phase of the Sumter Boulevard widening project. 1. WELCOME OF NEW EMPLOYEES: A. Acknowledgement of new employees. (D. Schult) Employee Services Coordinator Brown acknowledged the City's new employees. 2. PROCLAMATIONS AND RECOGNITIONS: A. Certificate of Appreciation to Chris Sylvester in recognition of her personal commitment and dedication to the City of North Port while serving on the North port Art Advisory Board. (Mayor Yates, Presenter) Mayor Yates read the certificate into the record and stated that it will be mailed 01-14-2013 Commission Regular Meeting Minutes Page 1

B. Proclamation for Arbor Day, January 18, 2013. (Mayor Yates, Presenter) Mayor Yates read the proclamation into the record and presented it to Arborist Piper and Neighborhood Development Services Director Williams. C. Recognition of the winner of the Small business Florida-Friendly Landscaping Competition and presentation of award. (Mayor Yates, Presenter) Mayor Yates read the plaque into the record and presented the first Small Business Florida-Friendly Landscaping Award to Comprehensive Care Center. 3. PUBLIC COMMENT: 1:18 a.m. 1:20 p.m. 4. CONSENT AGENDA: Vice-Mayor Blucher moved to approve Consent Agenda Item 4.A., 4.B., 4.C., 4.D., 4.F., pulling Items 4.E., and 4.G. for discussion; seconded by Commissioner DiFranco. Motion carried unanimously. A. Approval of Minutes for the December 10, 2012 Commission Regular Meeting, December 11, 2012 Commission Emergency Meeting, the December 12, 2012 Commission Special Meeting, and the December 18, 2018 Special Meeting. (H. Raimbeau) B. Approval for reappointment of Lindsey Gill as a Youth Member with a one (1) year term to the Parks and Recreation Advisory Board. (H. Raimbeau) C. Approval for appointment of Gregory Raymond as a Regular Member to the North Port Beautification and Tree/Scenic Highway Committee. (H. Raimbeau) D. Approval of the Cash Receipts Summary Report for November 2012. (P. Lear) E. Approval to accept the donation of a 1946 Seagrave Antique Fire Truck from the North Port Honor Guard, Inc. to be utilized by the City of North Port Fire Rescue District. (W. Taaffe) City Manager Lewis provided a brief overview. Following a question, it was clarified that there would be no cost to the City. There was no public comment. Vice-Mayor Blucher moved to approve accepting the donation of a 1946 Seagrave Antique Fire Truck from the North Port Honor Guard, Inc. to be utilized by the City of North Port Fire Rescue District; seconded by Commissioner DiFranco. Motion carried unanimously. F. Approval of seventh (7th) year of the twenty (20) year projected water demand report. (C. Mick) G. Approval to the the Federal Emergency Management Agency (FEMA) Phase 30 Emergency Food and shelter Program (EFSP) allocation in the amount of $10,000. (D. Schult) 01-14-2013 Commission Regular Meeting Minutes Page 2

City Manager Lewis provided a brief overview and it was clarified that any citizen in need of these funds should contact the North Port Social Services. There was no public comment. Vice-Mayor Blucher moved to approve the Federal Emergency Management Agency (FEMA) Phase 30 Emergency Food and shelter Program (EFSP) allocation in the amount of $10,000; seconded by Commissioner DiFranco. Motion carried unanimously. 5. GENERAL BUSINESS: A. Discussion, and possible action, regarding appointment of one (1) Regular Member, one (1) Alternate I Member and one (1) alternate II Member to the Sister City Advisory Committee. (H. Raimbeau) City Clerk Raimbeau provided a brief overview. There were no questions from the Commission and there was no public comment. Vice-Mayor Blucher moved to approve appointment of Alice Tercijonasas a Regular Member, Oksana Lew as an Alternate I Member and Natalie Sluzar as an Alternate II Member; seconded by Commissioner DiFranco. Motion carried unanimously. B. Discussion, and possible action, regarding clarification on the intent of the motion approved at the December 18, 2012 Special Meeting to "sell Warm Mineral Springs in its entirety" and Agenda items for requested joint meeting with Sarasota County regarding Mineral Springs, and a list of objections to the Invitation to Negotiate (ITN) and summary of items discussed. (Mayor Yates) Commissioner Cook moved to table Item 5.B to the next Commission Meeting; seconded by Commissioner DiFranco. City Attorney Robinson clarified that on a parliamentary motion there would be no debate, or amendment and the motion would be voted on immediately. The motion and the second were withdrawn. Thereafter, public comment was held. Discussion ensued regarding clarification of the intent of the motion approved at the December 18, 2012 Special Meeting to sell warm Mineral Springs in its entirety : (1) Mayor Yates stated that it was her understanding that the Motion to sell warm Mineral Springs in its entirety meant that the issue of selling the springs would be an item for discussion to be sent to the Sarasota County Commission for discussion at a Joint Meeting and not that the City was going to sell their 50% share of Warm Mineral Springs; (2) it was noted that the majority of the Commission would need to agree that the motion needs to be clarified; (3) it was clarified that reconsideration of a motion can only be done at the next meeting following the motion, so that if the item were tabled, the motion from the December 18, 2012 Special Meeting could not be reconsidered at the next meeting; (4) it was noted that the ITN as it was presented was not approved by the Commission but that another ITN in a different form could be considered by the Commission. Commissioner Cook moved table Item 5.B. until the next Commission Meeting with the understanding that Commissioner Jones will be in attendance; seconded by Commissioner DiFranco. Motion failed on a (2-2) vote. Mayor Yates and Vice-Mayor Blucher dissented. Mayor Yates moved moved to ask the Commission if there was any confusion at the December 18, 2012 meeting as to what motion and vote was; seconded by Vice-Mayor Blucher. Motion carried on a (3-1) vote. Commissioner Cook dissented. 01-14-2013 Commission Regular Meeting Minutes Page 3

Further discussion ensued: (1) Mayor Yates stated that she supported the motion that was made on December 18, 2012 at the Special Meeting with the understanding that it meant that the City was taking the position to say that if the Springs are to be used for Economic Development then sell it in its entirety which would be an item to be discussed with the County at the Joint Meeting because the purpose of the Special Meeting on December 18 th was to determine the items that would be discussed at the Joint meeting with the County; (2) Commissioner Cook stated that there is nothing except the management agreement that is time sensitive and that it would not hurt to wait until all five Commissioners can be present for discussion; (3) it was noted that the ITN was rejected and we are not revisiting it; (4) Attorney Robinson suggested that the maker of the Motion in question be asked what her intent was when the motion was made; (5) Commissioner Cook stated that the purchase was recognized as being a 50/50 partnership and that you can t sell what you don t own, therefore she made the motion to sell the Springs in its entirety, meaning all the 50% that is owned by the City in an equal partnership; (6) Vice-Mayor Blucher stated that he thought that the motion meant to sell all of the Springs. The County is saying no they won t sell and they don t want to buy the City s portion and he does not believe that the City will be able to sell its 50% share; (7) subsequent to a question, City Manager Lewis stated that Cypress Lending is not required to send Revenue Reports to the City or County, that the City does not currently have this information but will request it; (8) it was noted that the majority of the documents relating to Warm Mineral Springs are available on the County s Web Site; (9) after a question, Attorney Robinson stated that to the best of his knowledge, all of the meetings that would have been subject to the Sunshine Law, were properly noticed, minutes were taken and they were open to the public, that includes three meetings of the North Port City Commission; (10) it was stated that without revenue reports a certain amount of assumptions would have to be made to establish that the Springs would be an economic driver and; (11) the City Manager will request audited financial reports from Cypress Lending. (12) Vice-Mayor Blucher stated that it was always the intent to have a private 3 rd party manage Warm Mineral Springs, it was never the intent that the County and City would run it; (13) Mayor Yates stated that she would still like to have a joint meeting with the County Commission; (14) Commission Cook clarified that the intent of the motion she made on December 18, 2012 to sell Warm Mineral Springs in its entirety, meant to sell the City s stake which is 50%; (15) Commissioner DiFranco stated that she understood that the intent of Commissioner Cook s motion was to sell the City s 50% and seconded the motion with that understanding; (16) it was noted that property tax would be paid by private individuals who manage the property; (17) subsequent to a question, City Manager Lewis stated that the Citizens of North Port have not received any dividends of the initial investment; Mayor Yates moved to reconsider the motion to sell Warm Mineral Springs in its entirety that was made on December 18, 2012; seconded by Vice-Mayor Blucher. Motion failed on a (2-2) vote. Commissioner Cook and Commissioner DiFranco dissented for reasons stated above. Therefore the motion stands. Recess: 4:10 p.m. 4:25 p.m. Discussion ensued regarding the City sending a letter to Sarasota County: (1) Mayor Yates stated that the City needs to discuss with the County a short term agreement regarding management of the Springs and think it is important to keep communications open with the County; (2) Vice-Mayor Blucher stated that the City and County should run the daily operations of the springs until the City sells its 50% share and that the City should send a letter to the County stating that the City is going to sell its 50%; (3)Attorney Robinson advised that the City should send a letter speaking with one voice to the County and ask if they would be interested in purchasing the City s 50% which would eliminate the need for a short term concessionaire agreement; (4) it was clarified that the City still shares responsibility and has the right to be a part of decisions that are made affecting the property, until the City sells its share. 01-14-2013 Commission Regular Meeting Minutes Page 4

Mayor Yates moved to approve that the Commission continue trying to arrange a Joint Meeting with the County for discussion of the operations of the Springs beginning July 1, 2013 and also in response to their request attach the original list of objections to the ITN; seconded by Commissioner DiFranco for discussion. Motion failed on a (1-3) vote. Vice-Mayor Blucher, Commissioner DiFranco and Commissioner Cook dissented. (1) Attorney Robinson stated that the ITN was rejected, but the ITN process was not, the objections were not officially approved and sending the objections to the ITN may be confusing since the City has decided to sell their portion; Commissioner Cook stated that she has no problem with sending the letter, but does not thing there is a need to attach the objections and cannot imagine that there would be bad blood between the City and County. C. Discussion, and possible action, regarding a Draft Letter from the City Commission to the County Commission regarding potential sale of Warm Mineral Springs. (J. Lewis) City Manager Lewis provided an overview of the draft letter to the Sarasota County Commission. Discussion ensued: (1) the letter needs to indicate that the City will be moving forward with steps to sell the City s portion; inquire about their interest in buying the City s portion, and that the City will continue to work with the County regarding a short term agreement for the operations of the Springs after July 31, 2013; (2) subsequent to a question, City Attorney Robinson stated that since the City Commission has made the decision to sell its 50% interest in the Springs, there are some variations on how it might be done. The Commission can decide on the process used, such as by auction, using a real estate agent or selling it on its own, once you have a buyer then a contract would have to be discussed and brought to the Commission for approval but there would be the opportunity for the Commission to change their mind when a contract is brought to the Commission; (3) the Commission will be updated during the process of selling the Springs; (4) after a question, City Manager Lewis clarified that future City Commission action with be needed to authorize the sale of the city s interest; (5) following a concern, City Attorney Robinson stated that he has reviewed the documents in terms of agreements with the County and does not see a legal basis for the County to sue the City. Commissioner DiFranco moved to direct the Mayor to send a letter based on the City Managers draft letter modified to reflect the actions that were taken today; seconded by Commissioner Cook. Motion carried unanimously. 6. PUBLIC COMMENT: 5:35 p.m. 5:38 p.m. 7. SCHEDULING OF WORKSHOPS: The Commission had no items to be added to the list of topics for Workshops. stated that he will be adjusting and reprioritizing the items for the Workshop. City Manager Lewis 8. COMMISSION COMMITTEE AND BOARD REPORTS: Commissioner DiFranco: (1) reported on her attendance at the CHAT Meeting on January 9, 2013. Vice-Mayor Blucher: (1) reported on his attendance at the Sarasota EDC Meeting in December; (2) reported that he and Commission Cook attended the Peace River Water Authority Meeting this week. 01-14-2013 Commission Regular Meeting Minutes Page 5

Commissioner Cook (1) reported on her attendance at the Peace River Water Authority Meeting with Vice-Mayor Blucher; (2) reported that she spent two days touring the Utilities Water and Wastewater Treatment Plants; (3) reported on her attendance at the monthly seminars for the Film Organization that is part of the Tourism Development Board. Mayor Yates: (1) reported on her attendance at the January 10, 2013 Council of Governments Meeting; 9. ADMINISTRATIVE AND LEGAL REPORTS: City Manager Lewis: (1) announced that there will be a Public Meeting on the Widening of Sumter Boulevard on January 16, 2013 at 5:00 p.m. in room 244; (2) reported that the Finance Direction ran 39.3 miles this weekend; (3) subsequent to a request, City Manager Lewis stated that he would research the possibility of putting answers to questions received during public comment on the Your North Port Web Site. City Clerk Raimbeau: (1) reminded the Commission that the Convocation of Governments is scheduled for January 18, 2013 at 9:00 a.m. City Attorney Robinson: nothing to report. 10. ADJOURNMENT: Mayor Yates adjourned the Commission Regular Meeting at 5:45 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 2013. 01-14-2013 Commission Regular Meeting Minutes Page 6