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HomeMy WebLinkAbout_2005 11 28 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 28, 2005 CALL TO ORDER The Regular Meeting of Monday, November 28,2005 of the City Commission was called to order by Mayor John F. Bush at 6:30 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, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:33 p.m. A moment of silence was followed by the Pledge of Allegiance. Under Agenda Changes, Mayor Bush noted he would present a Resolution next. AWARDS AND PRESENTATIONS Mayor Bush presented Mr. Richard Grogan with a Resolution for his Service to the City while he served on the Beautification of Winter Springs Board. City Attorney Anthony A. Garganese arrived at 6:33 p.m. PUBLIC INPUT Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: spoke of tax increases and Police Department staffing. Mr. Richard Grogan, 1 North Fairfax, Winter Springs, Florida: thanked the City for the trio of Thanksgiving events. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 2 OF 35 Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on the last City Commission Meeting; announced his Candidacy for City Commission Seat Two; thanked the Police Department for their assistance with a situation; and commented on the three (3) minute discussion rule. Discussion. Mr. Greg Pike, 810 Shallow Brook Avenue, Winter Springs, Florida: representing the Winding Hollow Homeowner's Association's, spoke of their desire to go forward with the proposed Streetlighting project and asked that Regular Agenda Item "508" be approved. Mayor Bush asked Mr. Pike for his written comments for the Record. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR REGULAR 508. Community Development Department Requesting Authorization For Winding Hollow Homeowners Association To Install Upgraded Streetlighting Throughout The Subdivision And For The City Commission To Decide The Most Prudent Method For Winding Hollow To Make Payment For This Project. Mr. Steven Richart, Urban Beautification Division Services Manager, Community Development Department presented this Agenda Item. Mayor Bush asked Mr. Pike, "Are you up-to-date on everything that has been presented?" Mr. Greg Pike, 810 Shallow Brook Avenue, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association's, Mr. Pike stated, "Yes." Mr. Pike further addressed the City Commission. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 3 OF 35 Deputy Mayor Michael S. Blake stated, "The question of who should be the payer, whether it be the City's account and the HOA (Homeowner's Association's) is reimbursing us or if it should be a private account and we reimburse them is a question - that is probably not as important with this one entity as it is important going forward, when additional communities want to come in and I really do think that we should set a Policy to do that." Next, Deputy Mayor Blake remarked, "I think we need to take a very careful look and go forward with having the Municipal Franchise Fee, that thirty-five cents (35~) built into and added onto the eleven, fifty-five [dollars] ($11.55) which I think, last meeting we set at a standard rate for the City - as well as the twenty-four cents (24~) on the Municipal Utility Tax because those are dollars that the City has already set a Policy that we are paying to light streets; so the extra amount ought to be one (1) penny onto the base rate, in other words forty-six, sixteen [dollars] ($46.16) under this pricing example that is charged, or that we reimburse everything but that for light, assuming again that they are going to have the same number oflight poles per the current separations." Commissioner Sally McGinnis said, "I think it is really important that we do whatever we can to provide incentives for HOA's, [Homeowner's Association's] or even neighborhoods that would like to come together in some kind of an organized fashion and upgrade their communities and we could work together." Discussion. "I WILL MAKE A MOTION - TO INSTRUCT THE CITY MANAGER AND THE STAFF TO ASSIST THE WINDING HOLLOW HOMEOWNER'S ASSOCIATION THROUGH THE NEIGHBORHOOD STREET SIGN AND LIGHT IMPROVEMENT AGREEMENT THAT NEEDS TO BE RECRAFTED, TO REFLECT THE FOLLOWING: FIRST OFF, THAT THE HOMEOWNER'S ASSOCIATION WOULD WORK WITH PROGRESS ENERGY AND THE CITY TO DEVELOP A PRIVATE ACCOUNT THAT WOULD PROVIDE THE UPGRADED LIGHTING IN THE COMMUNITY, THAT WOULD BE PAID FOR ON THE REGULAR BILLING CYCLES BY THE HOMEOWNER'S ASSOCIATION. SECONDLY, THAT THE CITY WOULD AGREE IN THIS AGREEMENT TO PROVIDE TIMELY PERIODIC PAYMENTS OF WHATEVER THAT IS FOR THE BILLING CYCLES, TO THE COMMUNITY ASSOCIATION DIRECTLY FOR THE PURPOSES OF THIS STREETLIGHTING IN THE AMOUNTS OF THE ENTIRE AMOUNT OF THE BILLING FOR THE STREETLIGHTING, LESS THE CITY'S COMMUNITY STANDARD PER POLE, WHICH WE WILL DEFINE MOMENTARILY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 4 OF 35 THIRDLY, THE COMMUNITY STANDARD WHICH WE PREVIOUSLY SET AT ELEVEN DOLLARS AND FIFTY-FIVE CENTS ($11.55), WOULD NEED TO BE ADJUSTED - DID WE DO THAT BY RESOLUTION RON [McLEMORE], OR WAS THAT JUST AN ACTION OF THE COMMISSION?" CITY MANAGER RONALD W. McLEMORE STATED, "I THINK THAT WAS AN ACTION OF THE COMMISSION." DEPUTY MAYOR BLAKE CONTINUED, "THEN IN THAT CASE, WE CAN DO IT THROUGH THIS - THAT THE - COMMUNITY STANDARD LIGHTING CHARGE FOR A CONCRETE POLE AND A COBRA - LIGHT FIXTURE BE ADJUSTED TO INCLUDE THE LIGHT FIXTURE, THE POLES, THE GROSS RECEIPTS TAX, MUNICIPAL FRANCHISE FEE, AND THE MUNICIPAL UTILITY TAX ON SUCH, WHICH WOULD COME OUT CURRENTLY TO..." COMMISSIONER JOANNE M. KREBS SAID, "...TWELVE [DOLLARS] FOURTEEN [CENTS] ($12.14)." DEPUTY MAYOR BLAKE THEN STATED, "THAT IS TWELVE DOLLARS AND FOURTEEN CENTS ($12.14) CURRENTLY; AND THAT NUMBER WOULD BE ADJUSTED FROM TIME TO TIME AS IT IS ADJUSTED BY - PROGRESS ENERGY. THAT HANDLES PART OF THE CONTINUITY PROBLEM - THE LAST PART OF THIS MOTION WILL BE THAT THE AGREEMENT, ALSO INCLUDE A LANGUAGE - THAT WILL ALLOW THE TWO (2) PARTIES TO GET TOGETHER AGAIN, IN THE FUTURE, TO DISCUSS THE SIGNING ISSUE. IN OTHER WORDS, IT IS A SEPARATE ISSUE BUT IT WILL BE RECOGNIZED; IT WILL BE FORTHCOMING IN THIS AGREEMENT." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Deputy Mayor Blake stated, {{I would like the Commission to direct the City Manager to go back and look at the issue with Stone Gable - I think that needs some research, because I really do believe that that was a fairly contentious issue with the development and some of the neighboring properties; and one of the things that I recall them bringing to the table was this upgraded light system that they were going to pay for and if that is a part of the Developer's Agreement or - the give-me's, I will call it, that they brought to the table in order to get certain types of Development; then I think we can't ignore that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 5 OF 35 But, also to review the Tuscawilla Beautification and Lighting District accounting system, because if the District is currently paying for some of these base charges that we have just set, then it is a shifting of costs, and we need to rectify that. " Then, Deputy Mayor Blake then said to Manager McLemore, "If you could just bring that back to us on a future Agenda, say first of the year or so. " Mayor Bush stated, "Is the rest of the Commission in agreement with Commissioner Blake?" Commissioner McGinnis remarked, "I agree." Commissioner Krebs stated, "Yes." No objections were noted. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department stated, "You are correct, it was a Developer's Agreement and then we came back with a subsequent Commission Agenda Item..." Deputy Mayor Blake noted, ".. .You are talking Stone Gable now..." Mr. Lockcuff continued, "...I think right after TLBD (Tuscawilla Beautification and Lighting District) and we established the base; and this Commission agreed to reimburse on the base cost, but you are right, it was in the original Cambridge Homes Development Agreement - they were going to pay for all the lighting." Manager McLemore stated, "I still want to review it though." Deputy Mayor Blake added, "Just bring it back to us next month in some kind - where we can look at it all at once." Attorney Garganese inquired, "What if there are additional lights - that Policy issue that you brought up Commissioners; because I believe there may be additional lights added in Winding Hollow. How do we address that in the Agreement?" Mr. Pike stated, "We started out at 127, and now we are at 134. The 127 number included several there at our bridge that divides the front of the subdivision to basically where Winding Hollow Park is. Progress Energy felt, due to the safety measure that they were adding four (4) right there, and then a couple in different courts to increase the light ratio for safety measures - so we were having an additional seven (7) added, and now we are at 134; and that should be an additional thirteen (13) that we would be looking at." Discussion. Deputy Mayor Blake stated, "If the study is based on photo metrics that shows how many lights need to be in there, then I think that has been the standard of the City and should remain so. So in this particular case, since it is not just saying, 'We think it would look nice if we had some lights over here and some lights over there, and some lights over there', that doesn't fly for me, but having a photo metric study that maps out where the lights needs to be - I think that is within City Policy already." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 6 OF 35 Commissioner Donald A. Gilmore said, "If my recollection is correct, the TLBD (Tuscawilla Beautification and Lighting District), on the first go around, the City covered what was originally installed - the Cobra lights. The TLBD (Tuscawilla Beautification and Lighting District) added more lights and they paid the full difference for those lights. Now, the question becomes one I think on the new Phase II of the TLBD (Tuscawilla Beautification and Lighting District), are they not paying - for the additional lights over what is there; because you can't take the Washington pole with that glow and expect to get the same photo metrics out of it, as you do with the Cobra." Commissioner Gilmore added, "I am not sure - what that standard is - if there is one. But if everybody wants the higher quality light, they are going to have to add more lights to get the same lighting, and I think the TLBD (Tuscawilla Beautification and Lighting District) paid for those additional lights over what was originally there." Manager McLemore said, "We would have to verify that." Further discussion. Manager McLemore pointed out that "On the monthly maintenance cost, what are we reimbursing? Just on the number of poles that were originally there, or on all the poles that are there, and that is what we need to verify?" ++ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. +.) CONSENT AGENDA CONSENT 200. Community Development Department Requests The City Commission Consider And Adopt The Official Future Land Use Map (FLUM) And Official Zoning Map. There was no discussion on this Agenda Item. CONSENT 201. Fire Department Requesting Authorization For Emergency Repairs To Fire Station Number 24 And Number 26 To Eliminate Water Intrusion Including A Supplemental Budget Appropriation Of $17,000.00. Commissioner Gilmore discussed the merits of elastomenic paint with Fire Chief, Tim Lallathin, to which Commissioner Gilmore stated, "Make sure you have an elastomenic." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28,2005 PAGE 7 OF 35 CONSENT 202. Office Of The City Manager Requesting That The Commission Adopt Resolution Number 2005-41 Amending The Fiscal Year 2004-2005 Budget. Commissioner Robert S. Miller said, "I would like to see the percentages of General Funds for the rest of the cities in Florida; maybe, cities our size, or maybe just cities around us." Commissioner Miller explained, "There are a lot of things that the City of Winter Springs needs to do." Commissioner Miller spoke further of the Comprehensive Annual Financial Report (CAFR) and said, "One of the components is this particular number I assume - I am curious just to how important that number is in the overall scheme of things, because if it were to be drawn down as an example to twenty-four percent (24%), or to twenty-three percent (23%), is that a catastrophic event for our City or not?" Discussion ensued on what other city's policy's entail and the related percentage points. Commissioner Miller said, "We already have a Policy - what I am looking for is the reali ty. " Commissioner Miller said, "Now, I would like to see what it is that other cities around us are doing because frankly, I am really curious. How many cities are at fifty percent (50%), Mr. McLemore? Or are eighty percent (80%) of the cities in Florida at twenty to twenty-two percent (20-22%)? I really would like to know that. And I think the rest of this Commission would probably like to know, because none of us really know. And, then the issue would be - well, if we actually did have a discussion about twenty-two percent (22%), would our Bond Ratings and all the other evaluations that we have been receiving in the past, not come to us in the future; and if they were not to come to us in the future, would that really be a very serious issue for the residents of Winter Springs?" Mayor Bush said, "Commissioner Miller has asked for a Consensus on securing this information. Commissioners?" Commissioner Krebs said, "I will look at the information - yes." No one else agreed to this request. Further discussion. Commissioner Miller said, "I will call around and I will ask, and I will present some information." Commissioner Krebs said to Commissioner Miller, "Maybe the Florida League [of Cities] can help you." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 8 OF 35 Mayor Bush said to Ms. Greco, "It says, 'In some cases, those approved agenda items lack specific language to amend the expenditure budget or the appropriation to or from fund balance'. Is this something the Commission needs to more diligent on when they make decisions?" Ms. Greco stated, "In our case, we could try to be more diligent and make sure that it truly says that we are in this case, budgeting and appropriating money; but we still have to go through this - twice a year, do the Amendment on a Resolution." Discussion. CONSENT 203. Finance Department Requests That The Dollar Amount For Fixed Asset Capitalization Of Tangible Personal Property Be Tied To The Base Amount Established By The State Auditor General, In Its Definition Of 'Property' In Chapter 274.02 Of The Florida Statutes As Of October 1st Each Year. Brief discussion. CONSENT 204. Office Of The City Attorney - Community Development Department Requests The City Commission Consider And Approve A Conservation Easement Agreement With Dr. And Mrs. Patterson Moseley. Attorney Garganese mentioned that he made some technical changes after the Agenda Item was sent to the City; and stated, "The Moseley's have executed the revised version." CONSENT 205. Office Of The City Clerk Requesting Approval Of The November 14,2005 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. CONSENT 206. Information Services Department Requests Commission Authorize An Additional Appropriation In The Amount Of $2,683.00 For Additional Expenses Related To The Move Of The Telephone System Operator To City Hall. Brief discussion. CITY OF WINTER SPRINGS. FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28.2005 PAGE 9 OF 35 Commissioner McGinnis stated, "We should probably pull this to go with our other Agenda Item." Mayor Bush added, "We will pull [Consent] '206' and we will put it - when the other one comes up." "MOVE TO APPROVE [CONSENT AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. MAYOR BUSH ADDED, "WITH THE EXCEPTION OF '206' WHICH WE ARE GOING TO PULL." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Gilmore said, "I noticed the additions are in bold - very nice, very good. Thank you." Discussion. Regarding item (26), Mayor Bush asked, "When is the wall going to be built?" Mr. Brian Fields, P.E., City Engineer, Public Works Department commented on the status of this project. Mayor Bush then asked Mr. Fields, "Could you find out?" Mr. Fields stated, "Sure, we'll do that and bring it back." On item (13), Mayor Bush asked, "Why are these not in numerical order?" Deputy Mayor Blake suggested, "Put one page in there that has a cross-reference alphabetically or numerically..." Ms. Eloise Sahlstrom, ASLA, A1CP, Senior Planner, Community Development Department stated, "... "Table of Contents, Index." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 10 OF 35 Ms. Sahlstrom asked, "Did you want it re-ordered?" Mayor Bush stated, "Just so it is easier - as you can see, we had trouble finding things." Ms. Sahlstrom noted, "We will re-order it." INFORMATIONAL 301. Parks And Recreation Department Wishes To Inform The City Commission Regarding Current Discussions With Seminole County, Longwood, And Casselberry Regarding Future Development Of Soldiers Creek Park (5 Points). Discussion ensued with Mr. Chuck Pula, Director, Parks and Recreation Department. Further discussion. Commissioner Gilmore said, "We seem to build lots of ball fields and soccer fields, but there are other things - other than soccer and - baseball and football, and are we taking care of those needs that the people have?" Commissioner Gilmore then suggested that "When you look at these things, we need to look at all of the sports and not just the field sports of football and - soccer." Commissioner Gilmore added, "You have to define, is there the need there?" Mr. Pula stated, "Be glad to look into it again and see what the current need is." Mayor Bush suggested, "Next year's Budget request Chuck [Pula]." Discussion. Regarding the availability and locations of some of the City's Parks, Commissioner McGinnis suggested, "Put it in the Newsletter." Commissioner Krebs offered, "If we are going to find out the information, put it on the Website, ask some questions - what would people like to see." Commissioner McGinnis added, "That is a good Website item." INFORMATIONAL 302. Fire Department Requests That The City Commission Review The City Of Winter Springs Participation In The "Gifts For The GulP' Program To Be Held From November 21 [2005] Through December 9, 2005. With discussion, Fire Chief, Timothy J. Lallathin stated, "I will see if I can get this up on our Website as early as - possibly tomorrow." Commissioner Gilmore asked Chief Lallathin, "If somebody has a large amount of donations, can they call the Fire Department?" Chief Lallathin stated, "Absolutely can, we will make sure that they will get to the proper location." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 11 OF 35 INFORMATIONAL 303. Utility Department Providing The City Commission The Revised Reclaimed Water Augmentation Master Plan Maps. This Agenda Item was not discussed. INFORMATIONAL 304. Office Of The City Manager Providing The City Commission With Information It Requested Regarding Private Subdivision Maintenance Standards. Discussion. Commissioner McGinnis stated, "I would suggest this to come back to us at a future Agenda - with some of those." Mayor Bush asked, "Is the Commission in agreement this should come back as an Agenda Item after the Attorney and Manager have time to review it?" Commissioner Gilmore stated, "Yes." Commissioner Krebs responded, "Okay." No objections were noted. Commissioner Miller suggested that "It would be good to look at some kind of an Agreement with the Developer when he starts building these things. " Then, Commissioner Miller added, "I think this is something that we seriously should look to putting into all future Homeowner's Association developments, that start out with a Developer, and eventually turns it over to a Homeowner's Association. If there are legal issues, I would like to know what they are, and I would like to put as much teeth into the Town Center buildings that go up, however we can do it legally, so that at some point we can intervene, if the City thinks it is necessary. " Mayor Bush said, "I think that is the Consensus - for the Manager and the Attorney to look this over and bring it back." Commissioner Miller explained, "I would like it to be Town Center - this is Homeowner's Associations. I just wanted to expand it to Town Center." Commissioner Miller further explained, "I would like it to include the Town Center." Commissioner McGinnis said, "I would like to have Anthony [Garganese] review this - there may be some problems here." Commissioner Miller added, "I agree. " With further discussion on gated communities, Manager McLemore stated, "We will do what you asked; and there are some good ideas in here, and we will go through them and see what we think we can do legally." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 12 OF 35 INFORMATIONAL 305. Office Of The City Manager Providing The City Commission With Information It Requested Regarding Longwood's Participation In Development Process. With discussion, Commissioner McGinnis inquired, "Has Randy [Stevenson, ASLA, Director, Community Development Department] seen this?" Manager McLemore stated, "I don't know." Manager McLemore said, "If the Commission has a Consensus to go forward with it, we will put it on a future Agenda and bring it back to you for review with our comments." Mayor Bush said, "I think we should look at it further." Commissioner Krebs suggested, "Let's put it on the Agenda." Mayor Bush stated, "Do we have a Consensus on that to - I think let the Manager - do some more research on this; let Randy [Stevenson) look at it and talk to the people in Longwood. I will talk to them too. " Mayor Bush stated, "Do we have a Consensus to make this an Agenda Item for a future Meeting?" Commissioner McGinnis said, "Yes." Commissioner Miller also said, "Yes." Mayor Bush summarized, "We do. " Manager McLemore noted, "We'll bring it back with Staff Review and all that as pro- action. " INFORMATIONAL 306. Police Department Providing Information To The Commission Concerning Its Approval From The Commission On Accreditation For Law Enforcement Agencies. Mayor Bush stated, "I certainly hope that we get some public relations - I notice we have got the Seminole Chronicle here tonight - hope you are going to interview the Police Chief on this Alex [Babcock]." Chief of Police, Daniel J. Kerr addressed the City Commission. Mayor Bush added, "I hope that we can get something on our Website about this as well, and in our next Newsletter." Mayor Bush then stated, "Congratulations to you and your Department Chief [Kerr]!" Commissioner McGinnis spoke of contacting the Orlando Sentinel on this and asked how this would be done. Manager McLemore stated, "Actually we would do a Press Release..." Commissioner McGinnis added, "... Okay, but then follow up with a phone call and send it to a specific person." Manager McLemore stated, "No problem." CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 13 OF 35 INFORMATIONAL 307. Office Of The City Manager Advising The Commission Of The Appointment Of Kevin Smith To The Position Of General Services Director Effective November 28, 2005. Manager McLemore introduced Mr. Kevin Smith, the City's new General Services Director. Commissioner McGinnis asked, "Do we have a job description?" and requested a copy of the job description. MOTION TO APPROVE INFORMATIONAL AGENDA. SECONDED. DISCUSSION. MOTION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Office Of The City Attorney Requests The City Commission Consider And Adopt Ordinance 2005-31 On Second Reading. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Gilmore asked about including the suggestions discussed at the last City Commission Meeting relative to decreasing the permitted absences of the other Advisory Board and Committee Members. Attorney Garganese suggested this be handled in a new Ordinance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 14 OF 35 MOTION TO ADOPT ORDINANCE 2005-31. MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Aesthetic Review Of Reece Building Five, Phase II On Nursery Road. Ms. Sahlstrom spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued with Captain Glenn Tolleson, Police Department on Code Enforcement issues and where employees in this area are parking. Captain Tolleson said they would check on this. MOTION TO APPROVE. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush called a Recess at 9:00 p.m. The Meeting was called back to Order by Mayor Bush at 9:16 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 15 OF 35 REGULAR AGENDA REGULAR 500. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Mr. Jason Rush, Of 101 St. Johns Landing, To Remove (4) Specimen Trees Located On His Residential Lot. Mr. Richart presented this Agenda Item. Deputy Mayor Blake returned to the Commission Chambers at 9:18 p.m. MOTION TO APPROVE. MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 501. Public Works Department Requesting The City Commission Approve The Proposed Fruitwood Lake Lot Split Plan. Mr. Fields briefly spoke on this topic. MOTION TO APPROVE. MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 16 OF 35 REGULAR 502. Community Development Department - Urban Beautification Services Division - Capital Projects Coordinator Requesting The Installation Of Canopy Trees In The Village Walk Project Be Delayed Until Funds Become Available. Mr. Richart presented his opening comments on this Agenda Item and commented on contingency funds. With discussion, Commissioner Miller said, "I thought it was decided that the money was available in the General Fund and that we would do it; but we would not do it until about thirty (30) days after the State got done finishing off the roadway. Since we didn't know when that was we would just hold it in abeyance until they got done." Commissioner Miller then said, "Mayor, I would like to have this item brought back with - the Minutes of the Meeting that we discussed this." Commissioner Miller added, "I would like to have this brought back; and I would also like to have it brought back with a recommendation as to why we can't do it using General Fund monies." Discussion. Commissioner McGinnis said, "I just think we need to complete this project - just complete it - to the highest level we possibly can." Further discussion. Commissioner McGinnis suggested, "I think we can make some decisions on this around the first of the year. I am asking the Commission to agree to that - that we re-examine the finances for completing this project." With discussion, Deputy Mayor Blake suggested, "I would hope that both of these projects either individually, or as one, will come back with a funding recommendation within the next three (3) months." Manager McLemore suggested, "It is quite possible, along the lines of what you are talking about, that when we complete our Audit, - there could possibly be another two or three hundred thousand dollars ($200,000.00 or $300,000.00) there, but we won't know until we get there." Discussion ensued on the suggested trees, to which Commissioner Gilmore recommended, "I think you need to go and look and give a cost advantage ratio for - hundred (100) gallon versus fifty (50) gallon." Mr. Richart added, "If we had the opportunity to step it down to a forty-five (45) or sixty-five (65) gallon, I could probably get a Grant for part of this project." Commissioner Gilmore noted, "I think we must look at this, all aspects of it - the product we are using, the size of the product and what the cost benefit ratios are, so that we understand going in." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 17 OF 35 Further discussion. "I WILL MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO COME BACK IN TWO (2) WEEKS WITH AN IMPACT STATEMENT AS TO WHY WE CANNOT ALLOCATE - NINETY THOUSAND DOLLARS ($90,000.00) FROM THE GENERAL FUND TO INSTALL TREES ON THAT ROADWAY WITHIN THIRTY (30) DAYS AFTER THE STATE FINISHES." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SUGGESTED, "WE NEED TO GIVE STAFF THE OPPORTUNITY TO FIND THE SOLUTION AND IT IS GOING TO TAKE A LITTLE MORE TIME." COMMISSIONER MCGINNIS SAID TO MANAGER MCLEMORE, "I AM COUNTING ON YOU THEN TO BE ABLE TO COME UP WITH A SOLUTION, EITHER PULLING MONIES FROM DIFFERENT AREAS. WE CAN USE GRANT MONIES, WHATEVER, AND I WOULD THINK BY MID-JANUARY, WE SHOULD - KNOW SOMETHING ABOUT THE CONTINGENCY FUND, CORRECT? MORE THAN LIKELY?" MR. RICHART STATED, "YES." COMMISSIONER MCGINNIS ADDED, "AND ACCEPTING THE SEASON FOR PLANTING TREES, I ACCEPT THAT, AND I WANT IT DONE RIGHT." VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: NAY DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. Deputy Mayor Blake suggested, "Perhaps even just by Consensus, if the Commission could direct the City Manager to undertake the exercise that he knows exists, as soon as the Audit is complete, 1 would say by the end of March or the first of April, to present to the Commission a five (5) year plan that will take care of - that doesn't mean it is going to take five (5) years, but you certainly - 1 think have to recognize some of the major initiatives that the City will be undertaking over the next five (5) years and present to us that plan at that time, that will include these projects." Mayor Bush asked if there was a Consensus, to which Commissioner Krebs stated, "No." Commissioner Krebs added, "I would like to know sooner, or even in January, where we stand as far as the other information, as far as the money is concerned." Commissioner McGinnis stated, "Develop the plan - that's good." Commissioner Gilmore suggested, "I would like to see a shopping list created - those things we know now, and 1 would like to see that by mid- January, rather than waiting for a five (5) year plan." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 18 OF 35 "I MOVE THAT WE REGARDING ITEM '502' THAT IN MID-JANUARY, STAFF COME BACK WITH A FINANCIAL PLAN THAT WILL HELP US ACHIEVE THIS GOAL..." MAYOR BUSH ADDED, "...AND DELAY THIS PROJECT UNTIL THAT TIME." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush suggested, "There is one option that the Commission hasn't considered, and that is to take a look at the Budget and revise it." Mayor Bush added, "There is money there, it just needs to be moved around." REGULAR 503. Public Works Department Providing The City Commission The Costs To Bury The Overhead Utility Lines On S.R. (State Road) 434 In The Village Walk Between Moss Road And Sheoah Boulevard. Mr. Greg Bishop, Capital Projects Coordinator, Public Works Department briefly introduced this Agenda Item. Mayor Bush asked, "Do we even need to talk about this?" Commissioner Krebs said "No." Commissioner McGinnis said, "No." Commissioner Gilmore said, "It is the same situation as [Agenda Item] 502, [50]3 and [50]4 bundled." Mr. Bishop then said, "One thing I would like to get from you is perhaps direction to go out and contact the other Utilities whose costs we do not have; we only have estimates for. " "I WOULD LIKE TO MAKE A MOTION THAT WE TABLE ITEMS '503' AND '504' - THE MANAGER ALREADY HAS DIRECTION ON THEM." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 190F35 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY MOTION CARRIED. Commissioner Miller stated, "Point of Clarification. " Mayor Bush said to Commissioner Miller, "You can bring it up under your Seat Commissioner." REGULAR 504. Community Development Department Requesting The City Commission Delay Additional Planning For The Installation Of Canopy Trees In The SR (State Road) 434 Medians Between Central Winds Park And The Central Florida GreeneWay Until The City Commission Identifies A Funding Source For The Project. Note: Please see the Motion above under Regular Agenda Item "503." REGULAR 505. Parks And Recreation Department Requesting City Commission Direction On Conducting The Winter Springs Celebration Of Freedom On July 3rd Or On July 4th 2006. "I WOULD LIKE TO MAKE A MOTION THAT THIS YEAR WE HAVE THE 4TH OF JULY ON THE 4TH OF JULY." DEPUTY MAYOR BLAKE ADDED, "WE CANNOT HAVE THE BAND - NOT THAT BAND, BUT THERE ARE OTHERS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. REGARDING A BAND, COMMISSIONER McGINNIS SUGGESTED, "YOU MIGHT FIND A GOOD JAZZ BAND THIS YEAR." DEPUTY MAYOR BLAKE ADDED, "A JAZZ BAND WOULD BE GOOD." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28,2005 PAGE 20 OF 35 REGULAR 506. Office Of The City Manager Providing The City Commission The Holiday Schedule From The Personnel Policy. With discussion, Commissioner McGinnis stated, "I would suggest that since we have a new Staff person, who has worked on this, that he would take a look at this, and make some recommendations." Commissioner McGinnis said, "If you want to take the day after Thanksgiving, you would use a 'Personal Leave' day. Why would the City be closed the day after Thanksgiving?" With discussion, Commissioner Gilmore recommended that "If you had to drop one (1), I would certainly drop the Birthday in place of Veteran's Day." Deputy Mayor Blake suggested, "Seven (7) scheduled holidays and three (3) personal holidays - floating holidays they are called. The seven (7) scheduled holidays - New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Day after Thanksgiving Day, and Christmas Day - those are the seven (7)." Deputy Mayor Blake added that, "Then there are three (3) floating days." Commissioner Krebs stated, "I totally agree with Commissioner Blake." Commissioner Krebs further added, "I agree with Commissioner Blake and go into designated holidays, and then having three (3) non-designated holidays. I think it is a great idea." Manager McLemore stated, "I strongly feel, personally, that Veteran's Day should be a designated holiday by all governmental entities - why not, eight (8) and two (2)." Deputy Mayor Blake said, "I absolutely agree that that ought to be one of the designated holidays. I would agree that it should replace the Day after Thanksgiving." "I MAKE A MOTION THAT WE ASK OUR NEW GENERAL SERVICES DIRECTOR TO LOOK AT OUR HOLIDAY ITEM HERE - HOLIDAY SCHEDULE AND PERSONAL LEAVE POLICY; AND MAKE SOME RECOMMENDATIONS. WE MAY REJECT THEM, WE MAY COME UP WITH OUR OWN, BUT I WOULD BE INTERESTED IN HIS ANALYSIS OF THIS - AND HAVE THAT READY FOR US, FIRST MEETING IN JANUARY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION THAT STAFF COME BACK WITH A RECOMMENDATION ON THE SEVEN (7)/THREE (3) - THAT COMMISSIONER BLAKE BROUGHT UP." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 21 OF 35 COMMISSIONER McGINNIS ASKED, "WHEN? DO YOU HAVE A TIME FRAME?" COMMISSIONER MILLER EXPLAINED, "SURE - YOU HAVE ALREADY SAID JANUARY." VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 507. Office Of The City Manager Requesting That The City Commission Authorize A Total Supplemental Appropriation In The Amount Of $8,800.00 From The General Fund To Cover Expenses Related To Converting A Portion Of The Break Room On The West Side Of City Hall To Office Space. Commissioner Miller suggested, "I would like to see some thought given to the Conference or the general activity area over here, I think they call it the Training Room in the East Wing." Commissioner Miller added, "I would like to see some thought to developing that area for the next year as office space, and leave this area over here, the way it is right now." Manager McLemore stated, "We have looked at that solution several times. The least impact solution is to do what we we're recommending to do - that leaves over half of that current space to continue to be used as a lunch area; it keeps your [City] Clerk operations close together; and it solves to the best degree that we can figure out, this temporary issue. " Discussion. "MOTION TO APPROVE ITEM '507'." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28,2005 PAGE 22 OF 35 MANAGER McLEMORE STATED, "IT IS ONLY A THIRTY (30) DAY PROJECT." COMMISSIONER MILLER SAID, "JOAN [BROWN] WORKS FOR THE CITY CLERK. THE CITY CLERK'S FUNCTION IS RESPONSIBILE TO ME, EQUALLY WITH YOU AND THE OTHER - FOUR (4) OF US, AND I WAS NOT AWARE OF THIS UNTIL TONIGHT, AS A PART OF THIS - THAT PEOPLE ARE BEING MOVED AROUND THAT SUPPORT US, AND WE WEREN'T INFORMED ABOUT IT; AND I HAVE SOME DIFFICULTY WITH THAT. I THINK IT IS A COORDINATION ISSUE AND I THINK THESE THINGS SHOULD BE COORDINATED WITH US, AT LEAST IN ADVANCE OF THE ACTUAL MOVE, AND NOT FIND OUT THAT OUR PEOPLE HAVE MOVED AROUND." COMMISSIONER MILLER ADDED, "THE CLERK FUNCTIONS HAVE ALL BEEN IN ONE (1) AREA, NOW THEY ARE GETTING SPREAD OUT ALL AROUND CITY HALL, AND IF THAT DOESN'T BOTHER YOU, THAT YOU HAVE BEEN ADVISED IN ADVANCE, OR THAT THEY JUST GET MOVED AROUND - AND THAT WE START TO SUFFER AS A FUNCTION - IT IS A CONCERN TO ME." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 509. Office Of The City Clerk Requests That The City Commission Consider Staffing Issues Related To The Records Management Imaging Program (Laserfiche). Ms. Andrea Lorenzo-Luaces, City Clerk presented this Agenda Item. With discussion, Commissioner Miller stated, "Based on the information that has been provided here - the minute by minute, if this is what goes on - week in, week out, I think there is a very strong argument for a person." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 23 OF 35 Discussion. "MOTION TO EXTEND." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Further discussion. Discussion. Commissioner Krebs suggested, "Take what we have scheduled for the Fall festival, put a twenty thousand dollars ($20,000.00) festival on and take thirty thousand dollars ($30,000.00) and use that money. There is money there, you can get it." Commissioner McGinnis added, "I would certainly support doing away with that fifty thousand dollars ($50,000.00) concert." Next, Commissioner Gilmore said to Manager McLemore, "I suggest next year when we do Budgets, this Commission look at what the Departments are requesting and what the Manager is recommending so that we can see the differences in this up front." Commissioner Gilmore added, "I don't think we have a choice but to put this person on." Furthermore, Commissioner Gilmore noted, "I would suggest that we add this position and Ron [McLemore], come back and tell us where the money is, and if we have to eliminate a Fall concert, eliminate the Fall concert." "MY MOTION IS TO APPROVE '509'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SUGGESTED, "HAVE WE CONSIDERED A CONTRACT POSITION, SO THAT IT IS NOT AN EMPLOYEE POSITION; SO THAT IN TWO (2) YEARS WHEN THE PROJECT IS OVER, THAT WE WON'T BE SADDLED WITH AN EXTRA PERSON?" MANAGER McLEMORE SAID, "WE CAN DO THAT THROUGH A LETTER AGREEMENT, ABSOLUTELY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 24 OF 35 MANAGER McLEMORE ADDED, "MY SUGGESTION TO YOU IS THAT YOU HAVE TIME - AGAIN, BECAUSE OF THE AUDIT PROCESS AND ALL THAT IS BEING COMPLETED IN MARCH, APRIL - TO SEE WHERE YOU STAND FINANCIALLY. THEN YOU CAN MAKE THE DECISION AT THAT POINT IN TIME, WHETHER YOU WANT TO CONTINUE ON WITH THAT - FALL EVENT OR NOT." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke of vicious dogs and stated that "There is a Florida law that does not permit a Municipality or any local government to distinguish between different breeds - of dogs." Attorney Garganese added, "The City currently has an Ordinance in Chapter 4, whereby the City of Winter Springs adopted Seminole County's Animal Control Ordinance and that Ordinance does have procedures and criteria for dangerous dogs. " With discussion, Commissioner McGinnis added, "Keep your eyes open if you see anything that might help us." Secondly, Attorney Garganese remarked about the Wyman Fields Foundation and stated, "We ended up getting a Deficiency Judgment on the remaining balance that is due on the City's second Mortgage, plus Attorney's Fees and costs that we have incurred." Attorney Garganese added, "We are actually proceeding with a Sheriffs sale on one of the units - the last remaining unit - 154 Lori Anne Lane." ++ AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF "REPORTS", AS DOCUMENTED. ++ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 25 OF 35 (FORMERL Y LISTED ON THE "CONSENT" AGENDA AS "CONSENT" AGENDA ITEM "206") Requests Commission Authorize An Additional Appropriation In The Amount Of $2,683.00 For Additional Expenses Related To The Move Of The Telephone System Operator To City Hall. Ms. Joanne Dalka, Director, Information Services Department spoke on this Agenda Item. Discussion. "MOVE TO APPROVE ITEM '206'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore advised the City Commission that "I did finish a response to Mr. Ligthart on those issues he's raised, and I will copy you on that tomorrow when I send it out to him." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces apologized for not informing all of the City Commission on the new office location for a Staff Member. Secondly, City Clerk Lorenzo-Luaces mentioned that the Board of Trustees Appointments/Reappointments would be on the next Agenda, and added, "If I can help you further, please let me know." Thirdly, City Clerk Lorenzo-Luaces remarked that "We just got the seventh (7th) Supplement to your Code of Ordinances and we will be updating your books." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 26 OF 35 REPORTS 603. Commission Seat Five - Joanne M. Krebs Commissioner Krebs spoke in response to Manager McLemore's Report and mentioned that she had listened to the audio tapes. Discussion. Next, Commissioner Krebs mentioned a letter from a Mr. John Kindorf who thanked some of the Fire Department for saving his life and suggested that these employees be recognized for their efforts. With discussion, Manager McLemore said, "I will talk to the Chief about it and get back with you." Commissioner Krebs added, "If we can do something there." Commissioner Krebs then mentioned a Memo on Mosquito spraying. Discussion. Commissioner Krebs then said to Mr. Lockcuff, "We have a problem at Chokecherry and Oak Forest Drive, the dip - if you turn off of Oak Forest Drive and you turn left onto Chokecherry [Drive], not into the Court, but the other way - there - it just dips and it has gotten deeper, and it is cracked all in there too." Commissioner Krebs suggested to Mr. Lockcuff, "Maybe you could take a look at that or have somebody take a look at that." Lastly, Commissioner Krebs spoke of possibly rearranging the Agenda Items. Commissioner Krebs then asked "Why don't we have Public Hearings first - you have people waiting, Lawyers waiting, sometimes Court Reporters waiting, other issues waiting for Public Hearings - we don't even have them until pretty late - and Regular Agenda [Items], I think those should come before Informationa1." With further discussion, Mayor Bush said, "I think we just have to look and see who is here - for what items, if there is a large number of people, we can move them to the front." Mayor Bush added, "I have no problem moving Consent and Informational to the end - I think we can do that. We don't need Commission action on that, we can just try it and see." Commissioner Gilmore stated, "Try it." Commissioner Krebs remarked, "Try it." Mayor Bush then said, "But we will leave the Reports where they are, because I feel that is what people want." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 27 OF 35 REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush commented, "I had an inquiry from a person who lives in Country Club Village, and they want to know why their entryway couldn't be included in the THOA [Tuscawilla Homeowner's Association's] Beautification project." Commissioner Miller suggested, "Have them talk to Gene Lein." Mayor Bush then said, "I will mention that." Mayor Bush mentioned that "My Bio is wrong on the City's Website and I have sent in the corrections and it has not been corrected." Mayor Bush added, "I would like to have that corrected." Next, Mayor Bush stated, "Where Shore Road dead ends into the property of the First Baptist Church of Winter Springs, of which I am a member, the City has a chain which keeps getting broken, knocked down and people are cutting through." Mayor Bush noted, "We need to do something about it. It is a continuing problem. We would like to have that, what the Commission asked for, to - in fact happen, that there would no cut through traffic." Then, Mayor Bush stated, "Kip [Lockcuff] mentioned, we think it is the fellow who lives right there, he has some kind of a business where he uses dump trucks, etceteras. He parks them in the power easement which means he has to go through that gate, so probably, there is a good chance he is the one who is taking it down. Kip [Lockcuff] recommended we put up the gate and give him the key and tell him to lock it up when he leaves. And maybe that would be a solution, but right now what the City is doing is not working, and hasn't worked. So, we would appreciate it if you would look into that." Mayor Bush then inquired about the "Vacant condo at Moss Cove condos? Is it still vacant? Has it been remodeled? Is it ready to be sold?" Brief discussion. Mayor Bush advised the City Commission that the next CALNO [Council of Local Governments in Seminole County] Meeting is scheduled for Wednesday, December 7, 2005 at the Winter Springs Golf Course, and said, "If you are going to attend, would you please let Andrea [Lorenzo-Luaces] know." Mayor Bush said, "I was glad to hear about Lori Anne Lane and I hope the City does end up owning that. I think that would be a good - I know that we will improve it far beyond anybody else." Next, Mayor Bush asked Manager McLemore, "The letter that you had written to the Bank of America, concerning the golf course - do you want to tell us a little bit about that? Did you actually talk to them?" Manager McLemore said, "I did" and mentioned that no viable offers from other golf course companies. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 28 OF 35 Manager McLemore added, "They have been made aware of what your preference here is. Their answer was, 'We're in the business and we're going to sell this property to somebody and if they want to buy the property understanding that they may not be able to do anything with it in the future, that's up to them'." Commissioner Krebs stated, "Point of Order. " "MOTION TO EXTEND." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Discussion. "I AM GOING TO MAKE A MOTION THAT - I MOVE THAT THIS COMMISSION WILL SUPPORT NOT RELEASING ANY EASEMENT RIGHTS FOR THE WINTER SPRINGS GOLF COURSE FOR ANYTHING OTHER THAN A GOLF COURSE - FOR NO COMMERCIAL DEVELOPMENT." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. COMMISSIONER MILLER STATED, "I AGREE WITH COMMISSIONER McGINNIS ONE HUNDRED PERCENT (100%)." "I WOULD LIKE TO MAKE A MOTION THAT THIS COMMISSION HAVE THE MANAGER - OR THE MAYOR DRAFT UP A RESOLUTION THAT THIS COMMISSION IS COMMITTED TO DEFENDING AND PERPETUATING THE EASEMENT THAT WE HAVE OVER THAT PROPERTY FOR ITS CURRENT PURPOSE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER GILMORE ADDED, "RELATIVE TO THAT, I THINK IT WOULD BE WISE THAT WE ALL ALSO KNOW OUR LEGAL ISSUES RELATIVE TO THAT STATEMENT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 29 OF 35 ATTORNEY GARGANESE SAID, "I INDICATED TO THE COMMISSION THAT - THE CITY CURRENTLY HAS A CONSERVATION EASEMENT OVER A PORTION, IF NOT ALL OF THE GOLF COURSE AND WE'RE WAITING FOR CONFIRMATION - BECAUSE WE ARE HAVING THE LEGAL DESCRIPTION OF THE CONSERVATION EASEMENT PLATTED OUT ON A MAP; SO WE NEED TO GET THAT. KIP [LOCKCUFF] AND I HAVE BEEN WORKING ON IT." FURTHER DISCUSSION. ATTORNEY GARGANESE SAID, "LET US COME BACK TO YOU REGARDING THE CONSERVATION EASEMENT AND THE SCOPE OF IT." MAYOR BUSH THEN ASKED ATTORNEY GARGANESE, "IS THE MOTION FOR THE RESOLUTION A LEGAL PROBLEM?" ATTORNEY GARGANESE RESPONDED BY SAYING, "I WANT TO GET SOME MORE INFORMATION." ATTORNEY GARGANESE THEN SAID, "COULD THIS CITY COMMISSION GO ON RECORD SUPPORTING A CONSERVATION EASEMENT THAT WAS GRANTED TO THE CITY COMMISSION - [19]'84 BY RESOLUTION, SURE." VOTE: DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 605. Commission Seat One - Robert S. Miller Commissioner Miller spoke on Regular Agenda Item "504" and stated, "What we really want brought back is what we originally asked for - was from Central Winds Park to the - Trail Bridge - that is what we asked for. So, when it is brought back, if that would be the item that you bring back - if you wanted to make it - the rest of it also as a segment, going all the way down, that is fine too." Deputy Mayor Blake said, "The Minutes will reflect that what was requested was a series of tree oases all the way." Deputy Mayor Blake added, "It was not a solid planting the entire length of [State Road] 434, but that there would be segments if you will, with the curbs installed and plantings are put in place." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 30 OF 35 Furthermore, Commissioner Miller explained, "What was important to this Commission, at least as I recall, was the section from Central Winds Park to the - Bridge, to the overpass. That was what we were really interested in. And then, there may have been other things that we said, let's go beyond that; so - when you bring it back, if you would please address that one segment, at least, as an individual item. In other words, I don't want to see - millions of dollars to go all the way down the Greene W ay and then we have to try and figure out what is the first - whatever it is, quarter of a mile, because - that is what I was mostly interested in." Commissioner Miller added, "I would like to have the Item brought back at the next Commission Meeting." Commissioner Miller added, "Andrea [Lorenzo-Luaces], if you get the tape, make a transcript of the tape and bring it back, and I will drop it right now." Lastly, Commissioner Miller said, "Just bring the item back, or give it to me and I will raise it at the next Commission Meeting." REPORTS 606. Commission Seat TwolDeputy Mayor - Michael S. Blake In speaking of the new General Services Director, Deputy Mayor Blake said, "Where do we stand on the Commission's direction some months ago about an equity compensation adjustment for the couple of individuals that picked that position's responsibilities up for the few years? Remember, we had that discussion, and the Commission had directed you to come back with a proposal that would recognize the additional responsibilities and efforts that these people had to pick up for a very, very extended period of time?" Deputy Mayor Blake then said to Manager McLemore, "At that time, on your call back to me, the discussion was that the duties were split in some fashion between a couple of individuals, one of which was the Utility/Public Works Director, Kip Lockcuff and you felt uneasy because we just discussed the one, and not the other. And I said to you, the Policy should be set - this is where the Policy comes in, that whoever picks up that type of additional responsibility, not for a month or two (2), or not a short period of time, as our discussion, but for an extended period of time, where they have additional responsibilities, then they ought to be compensated fairly for the job that they are doing; and that would have included both the Fire Chief, Tim Lallathin and Kip [Lockcuff] - and the point is that the City should not benefit and really overweigh or overburden the backs of some of our most loyal employees for long periods of time and take advantage of them, simply because you haven't hired a replacement for a Director's position." Deputy Mayor Blake then explained, "The change in Policy is that for some specific period of time, whatever it is, that it would be done, that we wouldn't have - specifically a Department Head going along, not knowing when their other additional job ends and being expected to complete the job of another Department Director and not get any compensation for it, that just simply isn't fair." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING ~ NOVEMBER 28, 2005 PAGE 31 OF 35 Manager McLemore stated, "I will, at your next Meeting, I will give you specific recommendations relative to these two (2) people..." Deputy Mayor Blake said, ".. . Correct." Manager McLemore continued, "Okay, and a Policy that will guide that from this point forward." Deputy Mayor Blake remarked, "Correct." Manager McLemore added, "No problem." Commissioner Miller suggested, "When he brings it back, I would like him to bring back the Item itself." Deputy Mayor Blake said to Manager McLemore, "We have had some discussions about the parking issue here in the Town Center, and some of the solutions; specifically, the one (1) garage, two (2) garage, three (3) garage issue and additional space within one or more of those garages, and methods to pay for it; and I know that you are currently in the process of working diligently with the Developer on this. In addition, as I had mentioned to you, I would like us to consider a scenario whereby we could include the Library structure into this plan as well. I think there is a way to do it, within the greater Town Center area, as a TIP [Tax Incremental Financing], that would allow us to fund these items being paid for by the new development that is coming in the area, as well as having the County participate as well, through the enactment of the TIF [Tax Incremental Financing]. " With discussion, Manager McLemore said, "I think we would begin to have a real sense of the numbers here real soon. I think it would require the County to participate, in order to do what you're asking." Deputy Mayor Blake then said, "I would want it to come from the County's side as wel1." Manager McLemore noted, "We are trying to structure all that up now." Deputy Mayor Blake added, "Continue your financial analysis as you are working through this over the next couple of months. I would just hope that this piece might be a part of it also, so we could at least know what the numbers might be and whether or not it makes sense to continue down that road or not." REPORTS 607. Commission Seat Three - Donald A. Gilmore Regarding the City Clerk, Commissioner Gilmore suggested that "Maybe recommend that instead of going to the five (5) Commissioners and the Mayor, that she go directly to the Mayor, and the Mayor would be authorized to provide that authority to go where she needs to go, and in the Mayor's absence, that the Deputy Mayor handle that, rather than the full Commission." Commissioner McGinnis said, "Good idea." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 32 OF 35 City Clerk Lorenzo-Luaces explained, "Most of the time when I send you information on where I am going to be is to let you know because you have asked me to let you know if I am not going to be here or where I will be." Commissioner McGinnis added, "She doesn't ask permission, she just lets us know." Commissioner Krebs stated, "That - is the direction we gave her." Commissioner Gilmore then explained, "What I am really trying to say is if you need something, go to the Mayor and in the Mayor's absence, the Deputy Mayor, rather than coming to five (5) Commissioners and a Mayor..." Commissioner McGinnis said, "...If it is simple." Deputy Mayor Blake said, "When we had this discussion last time, it was really I think the Commission saying, 'Don't ask so much, do what you need to do...'" Commissioner Gilmore added, "... That is correct." Deputy Mayor Blake continued, "Now what I am hearing from the Commissioner is, 'Okay, just ask the Mayor, and if he is not here, then ask the Deputy Mayor', and I don't think either of these are the right thing. I think the Clerk is professional - she has responsibilities and we have expectations. Her job is to fulfill our expectations, as simple as that. When it comes to where she is going to be or what she is going to do or what she needs to do, she can make that decision. She doesn't need to ask me, she doesn't need to ask the Mayor, she doesn't need to ask anybody. She knows what she is supposed to be doing. And if she doesn't, it is time to get a new Clerk, but I don't think we have that issue. In terms of letting us know, that is a communication issue which is different. I think she has one (1) button she can push and it comes up with all of our email addresses and she can say in there, on this day, I am going to be out; on this day I am going to be here, or I am going to be there - not like she has to tell us exactly where she is going to be, but to let us know - because I know I appreciate knowing when I am not going to be able to reach her because you are out, or whatever. And that I think is the best way to work it." Furthermore, Deputy Mayor Blake stated, "If she is going to be out or gone, that she ought to let her Staff know; that she ought to let us know, meaning all six (6) of us, including the Mayor, and that she ought to let the City Manager know." Commissioner Krebs added, "Right." Commissioner Gilmore then said, "If she feels that she needs authority to do something, is it still your desire that the five (5) Commissioners and the Mayor would have to act on that issue?" Deputy Mayor Blake said, "If she needs authority on something, the Clerk works for the Commission..." Commissioner Gilmore said, "... Yes..." Deputy Mayor Blake continued, "... That is in the Charter. The Commission, earlier, prior to you being here Mr. Gilmore, gave the day-to-day responsibilities or decision-making if you will, to the City Manager." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 33 OF 35 Deputy Mayor Blake added, "That is what the Commission did at that time, and that is still how it stands today. That hasn't changed. So, if she needs to ask for something that requires a decision, she goes to the City Manager, and the City Manager comes to us, or she can come to us directly too, if it is - something of some other size. 1 think she can always come to the Commission, but in terms of day-to-day scheduling or whatever have you, the previous Commission, an earlier Commission delegated that responsibility to the City Manager." Commissioner Gilmore stated, "I am not sure that is the way it is today, under the Resolution we passed at the last Meeting." Deputy Mayor Blake said, "I think it is, but everything is up for interpretation." Manager McLemore stated, "I don't particularly want to be in a position of authorizing the City Clerk to do anything of that nature; but I do need to be informed, because 1 depend on her." Then, Manager McLemore suggested, "I don't know why when she has a scheduled trip, she just can't advise you of that in the Meeting preceding..." Commissioner Gilmore said, "...It is okay with me..." Manager McLemore continued, ". . . Then you all know, we all know at that point in time." Commissioner McGinnis said, "Simple." Commissioner Krebs noted, "She could send me an email." Then, Manager McLemore stated, "I don't think it has been a problem. 1 am not trying to police the Clerk. But, I just do need to know when she is going to be out a couple of days, because we do depend on her a lot." Next, Commissioner Gilmore said, "Whatever happened to the Internet Service - Wireless Internet, that we all got excited about." Commissioner Gilmore added, "Can this be brought back up or where do we stand on that whole issue?" Ms. Dalka stated, "You all had agreed that we could work with County and with the other municipalities on a joint effort of some kind of getting an RFI (Request for Information) or a RFP (Request for Proposals) with the other entities?" Commissioner McGinnis said, "Correct. " Commissioner Gilmore then spoke about the three (3) minute limit for public comments. Discussion ensued on the time allotted for public comments, and Resolution 2004-12, which was distributed to the City Commission. Commissioner Gilmore said, "I will review this." Commissioner Miller stated, "Please provide him with a copy if you would, when you see him." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 34 OF 35 REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis mentioned through the Florida League of Cities Criminal Justice Program, "The Police in Sunrise, Florida came up with a program where they could get a DNA (Deoxyribonucleic Acid) sample from every child in the schools. They got it down to two dollars ($2.00) working with the Vendor who does this and they actually got a corporate sponsor to pay for it." Commissioner McGinnis then inquired of the City Commission, "What do you think - is it worth getting some information about it?" Commissioner Krebs said, "I think it is." Discussion ensued with Captain Glenn Tolleson, Police Department stated, "We would be happy to research it and bring it back." Commissioner McGinnis said, "I will do that." Commissioner McGinnis then said to Captain Tolleson, "I will talk to you, and I will tell you who to contact and we will get the information." Commissioner Gilmore stated, "It is a Public Service - it is being done, I have read about it." Mayor Bush said, "We have three (3) Commissioners." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush said, "When we take Consensus, a lot of time this information is buried in the Minutes and we don't remember it; and I would like to ask, if the Commission agrees, that the Clerk would keep a separate list of these, and put it in the Minutes in one location where we could easily see the items that - a Consensus was reached on for action. " Then, Mayor Bush suggested to City Clerk Lorenzo-Luaces, "Put it separately, someplace - all the things that were a Consensus at this Meeting. " Deputy Mayor Blake suggested, "In the body of the Minutes, where Motions are in Bold, just put Consensus items in Bold also, that will make them stick out." Mayor Bush then said to City Clerk Lorenzo-Luaces, "Why don't you think about that and make a suggestion at our next Meeting?" CITY OF WINTER SPRINGS, FLORIDA M [NUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 35 OF 35 Mayor Bush added, "You come back with something and show us what you think would be the best way." City Clerk Lorenzo-Luaces stated, "Okay." Mayor Bush then asked, "Is the Commission in agreement to leave this in Andrea's [Lorenzo-Luaces] hands?" Commissioner Gilmore said, "Yes." Commissioner Krebs stated, "Sure." No objections were noted. Mayor Bush pointed out that "We have Consensus. " ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 12:42 a.m. RESPECTFULLY SUBMITTED: -~~-- A LORENZO-LUACES, CMC CLERK APPROVED: {/yy1, (] 1Jud6 NOTE: These Minutes were approved at the December 12,2005 Regular City Commission Meeting.